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Home My WebLink About07-1127 (2)11/27/2007 COMMON COUNCIL PROCEEDINGS OF THE CITY OF BUFFALO November 27, 2007 No. 22 Nov 27, 2007 11/27/2007 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 N X 111 Ir e ll :Kole] k r i h r i l I i 9 4* 1 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 krihri111 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, NOVEMBER 27, 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 — None Nov 27, 2007 11/27/2007 November 27 2007 INVOCATION - PLEDGE TO FLAG - FINAL "November 27, 2007 "' 2:00 PM MAYOR - EXECUTIVE 1. Plan Bd- Negative Declaration -24 Westminister Ave AKA 796 East Amherst St.(Univ) R &F 2. Plan Bd- Negative Declaration- 384,390,392,398,418,422,426,428 & 430 Sweet St(Fill) R &F 3. Plan Bd- Negative Declaration -2219 South Park Avenue(South) R &F 4. Plan Bd- Negative Declaration- 3427 -3445 Bailey Avenue(Univ) R &F 5. Plan Bd- Negative Declaration -25 Rumsey Lane(Del) R &F 6. Strat Plan- Results -Real Estate Auction 9/22/07 FIN,A &F 7. Strat Plan -Appt Senior Planner, Prov, (3r Step) (Brozek) CS PUBLIC WORKS 8. Notification Serials- 10183 -10184 and 10190 -10194 (Waive 45 Days) R &F 9. Change in Contract - Citywide Sidewalk Replacement APP 10. Change in Contract - Parkside Lodge (Del) APP 11. Change in Contract - Repair to City Pavements APP 12. Reduction in Retention - Scajaquada Pathway APP 13. Taxi Cab Parking on Ellicott St (Ell) R &F FIRE 14. Purchase Vans for Communications Div & Training Bureau APP W /COND CORPORATION COUNSEL 15. Claims Committee Agenda CLAIMS 16. Municipal Code Violation Report R &F 17- 16A RUN Buffalo -Req Waiver of Demo Fees -832 Sycamore Avenue R &F PERMITS & INSPECTIONS 18- 17. Administrative Order 2007 -10 R &F 19- 18. Coin Telephone Facility 178 Thompson (North) APP 20- 19. Food Store License 547 Elmwood (Niag) APP 21- 20. Lodging House Agent License LEG 22- 21. Second Hand Dealer 999 Broadway (Fill) LEG 23- 22. Used Car Dealer 2480 Delaware (North) APP 24- 23. Wholesale Junk Dealer 49 Hopkins (South) LEG 25- 24. Appts Building Inspector, Perm, (3r Step) (Sacco)(Curtin) CS 26- 25. Appt Building Inspector, Cont Perm, (Fifth Step)(Gilmour) CS 27- 26. Appt Chief Building Inspector, Perm, (Fifth Step) (Petrucci) CS ADMINISTRATION AND FINANCE 28- 27. Contract Settlement Btwn COB and Bflo Crossing Guard Assoc APP 29- 28. First Quarter Gap 2007 -2008 BUDGET 30- 29. Purchase of Pick Up Truck APP W /COND 31- 30. Purchase of Vehicles APP W /COND 32- 31. Appt Senior Administrative Assistant, Temp, (Max)(Kacmarz) CS 33- 32. Appt Administrative Assistant, Temp, (Max)(Kibby) CS SEWER AUTHORITY 34- 33. Establishment of Lead Agency and Coordinated Review APP CITY CLERK 35- 34. Liquor License Applications R &F 36- 35. Leaves of Absence R &F 37- 36. Reports of Attendance R &F 38- 37. Notices of Appointments - Council Interns ADOPT 39- 38. Notices of Appointments - Mayor's Program R &F 40- 39. Notices of Appointments - Seasonal R &F 41- 40. Notices of Appointments - Temp. /Prov. /Perm. CS MISCELLANEOUS 42- 41. B. Davis -Legal Aid Bureau's October Monthly Reports R &F 43- 41A B. Davis -R. Sanders -Cease Water Service at 508 High Street FIN,CC,WTR BD 44- 41 B B. Davis -L. Zaepfel- Discuss Creating a Public Use Abandonment ROW -One Block of Cary St FIN,PW,CC 45- 41 C B. Davis -R. Kelley Response Promoting Small Business CD 46- 42. M. Kearns - Buffalo News Article FEMA's Reclassification of City Zones W /FRONT 47- 42A. M. LoCurto- Review of Polar Bear Deaths at Bflo Zoo in 2006/2007 LEG 48- 43. M. Overdorf- Spring Repairs 825 & 827 South Park (Fill) LEG 49- 44. NYSDOT -Host A Scoping Meeting on Scajaquada Expressway Project R &F 50- 44A. D. Smith -T. Hill - Article- Municipal Leadership in Supporting High Sch. Alternatives ED,BD ED RESOLUTIONS 83- 45. Bonifacio LL Intro No 9 Amending the Charter In Relation to the CC TABLE 84- 46 Bonifacio CC Requests the Women and Children's Hospital of Bflo and the FFA to Attend Spec Leg Meeting on 12/13/07 at 11:00 am LEG,EDPI November 27 2007 11/27/2007 85- 47. Davis Building A New Football Stadium in November 27 2007 Downtown Buffalo ADOPT FIN RES REM TO LEG,EDPI,OSP 86- 48. Davis Support Eligibility of 432 Pearl St & 267 Franklin St in NYS Brownfield Cleanup Project ADOPT 87- 48A Fontana Water Electric Turbines ADOPT 88- 49. Golombek,etc Oppose Sex Offender Home at 31 Tonawanda St ADOPT 89- 49A Golombek Concern About Animal Care at the Buffalo Zoo ADOPT 1s &2 " REM TO LEG 90- 50. LoCurto The Jesse Kregal Pathway LEG,PW 91- 51. Russell Budget & Personnel Amendment Parking Enterprise APP W /COND 92- 52. Russell Budget & Personnel Amendment - Police Patrol Svs APP 93- 52A Russell Extension of Partial Tax Exemption and Rental Regulation for A Redev Co APP 94- 53. Russell Salary Ordinance Amendment - Police Dept - Crossing Guards APP 95- 54. Russell Salary and Wage Schedule "K" 7/1/07 to 6/30/10- Crossing Guards APP 96- 55. Smith Felicitations in Memorium ADOPT 97- 56. Smith Comm of Deeds ADOPT 98- 57. Smith Comm of Deeds Public Duties ADOPT SUBMISSION LIST OF COMMITTEE ITEMS FOR THE COUNCIL MEETING CIVIL SERVICE 51- 1. Com 9 Nov 13 Certificate of Appointment (Prov)(Flat)(Amos)(MIS) R &F 52- 2. Com 16 Nov 13 Appt Police Captain (Perm)(McLellan)(Pol) R &F 53- 3. Com 17 Nov 13 Appt Police Captain (Cont Perm) (McCarthy)(Pol) R &F 54- 4. Com 18 Nov 13 Appt Police Lieutenant (Cont Perm)(Panus)(Pol) R &F 55- 5. Com 19 Nov 13 Appts Police Detective (Perm)(McGrath)(Keane)(Pol) R &F 56- 6. Com 20 Nov 13 Appt Police Detective (Cont Perm)(Mourgas)(Pol) R &F 57- 7. No 29 Nov 13 Notices of Appointments- Temp /Prov /Perm(Cty Clk) R &F FINANCE 58- 8. Com 15 Nov 13 Permission to Retain Consultant Citywide Tree ManagementPW) APP 59- 9. Com 26 Oct 16 Return Ice Skating to Hoyt Lake (Del)(PW) R &F 60- 10. Com 30 Oct 16 Approval to Dispose of Old Equipment(Pol) APP 61- 11. No 48 Oct 16 D. Franczyk -B. Biddlecom "Operation Save New York" R &F 62- 12. Res 115 Oct 16 RUN Buffalo -Req Waiver of Demo Fees -832 Sycamore APP 63- 13. Com 8 Oct 2 Results Neg 157 Loepere (Fill)( Strat Plan) APP 64- 14. Com 10 Oct 2 Results Neg 21 Wade (Mas)( Strat Plan) RECOMMIT 65- 15. Res 122 June 12 Providing Seasonal Employees With Proper Equipment BUDGET 66- 16. Res 97 Jan 23 Req. COB Pub. Wks. Dept. to study feasibility of changing the City's Current Lighting Technology to Light Emitting Diode Bulbs R &F COMMUNITY DEVELOPMENT 67- 17. No 40 Nov 13 M. Kearns -South Buffalo Brownfield Opportunity Area - Stakeholder Interview R &F 68- 18. No 65 Nov 13 Oppose FEMA Plan Including Old 1s Ward in Floodplain(Exc 1,2,3,4,6 res)(# 126,10/30) WFRONT 69- 19. Com 18 Sept 4 Transfer Jurisdiction & Use of 289 William St From COB to BOE(StratPlan) R &F 70- 20. No 54 July 10 M. Kearns -Flood Insurance Report WFRONT 71- 21. Com 14 Oct 30 Updated Draft LWRP(Strat Plan) RECOMMIT LEGISLATION 72- 22. No 45 Nov 13 S. Gehl, Agent, Use 1542 Main St for a HSF Offices on 1s Floor 10 Units Affordable Housing(Del)(No Pub Hrg) R &F 73- 23. Com 2 Nov 13 Appt Member -Comm on Cit Rights and Comm Svs(Mayor) R &F 74- 24. Com 23 Nov 13 Food Store License -137 Maple (EII)(EDPI) DENY 75- 25. Com 25 Nov 13 Rest. Dance Class III, 1412 Kensington (Univ)(EDPI) APP 76- 26. Com 40 Oct 2 Food Store License -279 Jefferson(Ell)(EDPI) APP 77- 27. No 43 Sept 18 W. Smith & O- Residents of Park St Between Virginia & Allen Request Alternate Parking Hours to be Modified R &F 78- 28. No 52 Sept 4 Food Store License 1305 Broadway( Fill)(EDPI) APP 79- 29. Res 142 Sept 4 Alternate Side of Street Parking on Park St (Ell) R &F 80- 30. Com 98 July 24 S. Marchione, Owner, Use 2022 Seneca St, for an Outdoor Patio (hrg 7 /31)(South) R &F 81- 31. Res 151 July 24 LL Intro# 7- 2007 -Amend Charter in Relation to Budget R &F 82- 32. No 58 Feb 20 M. LoCurto -K. Ziolkowski & O- Petition to Calm Traffic on Starin Ave. R &F November 27 2007 11/27/2007 CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO TUESDAY, NOVEMBER 27, 2007 AT 2:00 P.M. Present - David A. Franczyk, President of the Council, and Councilmembers: Bonifacio, Davis, Fontana, Golombek, Kearns, LoCurto, Russell & Smith - 9 Absent - None On a motion by Mr. Bonifacio, Seconded by Mr. Fontana, the minutes of the stated meeting held on November 13, 2007 were approved. FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE CITY PLANNING BOARD NO. 1 NEGATIVE DECLARATION NOTICE OF DETERMINATION OF NON- SIGNIFICANCE 24 WESTMINSTER AVENUE AKA 796 EAST AMHERST This notice is issued pursuant to Part 617 of the implementing regulations pertaining to the new York State Environmental Quality Review Act (SEAR), Article 8 of the New York State Environmental Conservation Law. City of Buffalo Planning Board Room 901, City Hall 65 Niagara Square Buffalo New York 14202 As per the provisions of SEAR, the Lead Agency has reviewed the following action as it relates to the environment: Action Title Westminster Community Charter School Addition Location 24 Westminster Avenue AKA 796 East Amherst Type of Action: Unlisted - Coordinated Description: Kideney Architects as a representative of Westminster Charter School is proposing the construction of a building and parking lot addition on the property located at 24 Westminster (AKA 796 East Amherst Street) Buffalo New York. The 8000 Square Foot addition to the existing school will accommodate a series of new programs that will serve the adjacent urban community. Included will be two pre - kindergarten classrooms, e multi purpose education room, health clinic and the relocated administration and support offices. As part of the project , the current site will be reorganized to provide off street student drop off, refined school /public play areas, upgraded staff parking and site wide landscaping improvements. The project will be funded privately and cost approximately $1,967.000. As a result of this Environmental Review, the Lead Agency has determined the undertaking of this action will not have a significant adverse impact on the quality of the environment. No further environmental review of this action will be conducted prior to project implementation and a Draft Environmental Impact Statement will not be prepared. Reasons Supporting This Determination: The facts and reasons for this decision are as follows: this project will allow the Westminster Charter School to provide quality education and athletic programs to the children attending the school. The identified potential negative impacts appear to be primarily short -term site preparation and construction related activities, and do not appear to be significant in magnitude or effect. There are no actions, which will have a significant adverse impact on the environment. For further information relative to this Negative Declaration, contact Mr. Martin Grunzweig, Land Use Controls Coordinator, Room 901 City Hall, Buffalo New York 14202 - (716) 851 -5085. RECEIVED AND FILED NO. 2 NEGATIVE DECLARATION NOTICE OF DETERMINATION OF NON- SIGNIFICANCE 384, 390 ,392,396,398,418,422,426,428& 430 SWEET STREET 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 Cresent Village New Housing Development Location: 384,390,392,396,395, 418,422, 426,428,& 430 Sweet Street Type of Action: Unlisted - Uncoordinated Description: Lt. Col. Matt Urban Human Services Center of Western New York is proposing the construction of tan (10) new homes on the vacant lots listed above on Sweet Street Buffalo New York. The project will include the construction of new single - family homes which would be sold to low and moderate income households on Sweet Street between Sycamore Street and Geneses Street. There will be no relocation involved with this project and all construction is being conducted on vacant land. All sites will adhere to the Buffalo Urban Renewal Agency Soil remediation Technical November 27 2007 11/27/2007 Specification Plan and be environmentally clean fur construction. The project may also include future upgrades to public utilities, new curbs, sidewalks, lighting improvements, parking improvements as well as encourage current residents to upgrade existing properties in this area. The homes shall be one -half story "Cottage Style" designs, to include three and four bedroom plans with two baths, garage, open kitchen /dining space with a breakfast bar, and an option for additional family space. The new homes may attract new residents to the City of Buffalo enhancing our tax base and help to create new businesses in this area. The total cost of this project is approximately 2,000.000. As a result of this Environmental Review, the Lead Agency has determined the undertaking of this action will not have a significant adverse impact on the quality of the environment. No further environmental review of this action will be conducted prior to project implementation and a Draft Environmental Impact Statement will not be prepared Reasons Supporting This Determination: The facts and reasons for this decision are as follows The project will help to substantially improve an existing residential neighborhood by making it more visually attractive, and economically viable; eliminate blighting influences and environmental deficiencies; prevent the establishment of incompatible land uses in the project area; insure the orderly development of residential sites, encourage existing residents and any near by businesses to remain in the area as well as create new construction jobs for Buffalo residents. 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 Grunzwnig, Land Use Controls Coordinator, Room 901 City Hall, Buffalo, New York 14202 - 716 851 -5085. RECEIVED AND FILED NO. 3 NEGATIVE DECLARATION NOTICE OF DETERMINATION OF NON- SIGNIFICANCE 2219 SOUTH PARK 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. 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: South Buffalo Charter School Parking Lot Location: 2219 South Park Avenue Type of Action: Unlisted - Uncoordinated Description: Del Resources as a representative of South Buffalo Charter School is proposing the construction of a parking lot addition on the property located at 2219 South Park Avenue, Buffalo New York. The lot will consist of a 0.24 acre (12 stalls) parking lot addition to an existing 24 (twenty four) car parking lot. The proposed lot will connect the existing west parking area (off Okell Street) and the northeast parking area (off South Park) utilizing existing curb cut driveways. A landscaped area will be installed along the existing west grass area with the construction of a new screen fence along the existing north parking lot. A screened dumpster will be relocated to the northwest rear comer. 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 reasons for this decision are as follows: the parking lot addition will increase on -site parking and improve emergency vehicle access. Also, the project allows buses to queue on -site for student drop -off and pick -up as well as relieve traffic congestion along South Park Avenue during peak periods. 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: November 7, 2007 RECEIVED AND FILED NO. 4 NEGATIVE DECLARATION NOTICE OF DETERMINATION OF NON- SIGNIFICANCE 3427 -3445 BAILEY 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. 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 Buffalo Heart Group Bridge Location 3427 -3445 Bailey Avenue Type of Action: Unlisted - Uncoordinated November 27 2007 11/27/2007 Description: Robert Gill, Architect as a representative of Buffalo Heart Group, LLP is proposing the construction of an overhead walkway connecting two buildings on the property located at 3427 -3445 Bailey Avenue, Buffalo New York. The proposed project involves a connection of two buildings on the site with an enclosed second story bridge. The bridge addition will allow personnel to move easily between buildings with records, medical equipment and other items necessary to conduct their work. Other site improvements will include landscaping along Highgate Avenue (south side) and new fencing along the east (rear) property lines. The project will be funded privately and cost approximately $110,000. As a result of this Environmental Review, the Lead Agency has determined the undertaking of this action will not have a significant adverse impact on the quality of the environment. No further environmental review of this action will be conducted prior to project implementation and a Draft Environmental Impact Statement will not be prepared. Reasons Supporting This Determination: The facts and reasons for this decision are as follows: this project will allow the Buffalo Heart Group, LLP (Invasive and Clinical Cardiology) to progressively continue helping heart patients successfully overcome their medical problems. The identified potential negative impacts appear to be primarily short -term site preparation and construction related activities, and do not appear to be significant in magnitude or effect. There are no actions, which will have a significant adverse impact on the environment. For further information relative to this Negative Declaration, contact Mr. Martin Grunzweig, Land Use Controls Coordinator, Room 901 City Hall, Buffalo New York 14202 - (716) 851 -5085. RECEIVED AND FILED NO. 6 NEGATIVE DECLARATION NOTICE IS ISSUED OF DETERMINATION OF NON- SIGNIFICANCE 26 RUMSEY LANE This notice pursuant to Part 617 of the implementing regulations pertaining to Article 8 (SEAR - State Environmental Quality Review) of the Environmental Conservation Law. City of Buffalo Planning Board Room 901, City Hall 65 Niagara Square Buffalo New York 14202 As per the provisions of SEAR, the Lead Agency has reviewed the following action as it relates to the environment: Action Title 25 Rumsey Lane, New Home Location 25 Rumsey Lane Type of Action: Unlisted- Uncoordinated Description: Natale Builders on behalf of the owner is proposing to construct a new home on the property located at 25 Rumsey Lane, Buffalo New York. The home will be thirty five hundred (3500) square feet with four (4) bedrooms and three (3) baths. The house is being constructed on a residential site where a house was previously located. The previous house was demolished and the area is now a vacant lot. The project will be privately funded with the estimated cost of this project being four hundred thousand dollars (400.000). As a result of this Environmental Review, the Lead Agency has determined the undertaking of this action will not have a significant adverse affect on the quality of the environment, No further environmental review of this action will be conducted prior to project implementation and a Draft Environmental Impact Statement will not be prepared, Reasons Supporting This Determination: The facts and reasons for this decision are as follows: the home is a private residence that will add continued stability to a currently stable upscale neighborhood in the City of Buffalo. The identified potential negative impacts appear to be primarily short -term site preparation and construct on 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: November 7 2007 RECEIVED AND FILED FROM THE OFFICE OF STRATEGIC PLANNING NO. 6 RESULTS — REAL ESTATE AUCTION SEPTEMBER 22, 2007 On September 22, 2007, the Office of Strategic Planning, Division of Real Estate, held a real property auction to dispose of ninety -eight (98) improved properties in our inventory. The auction was conducted by Auctions International in accordance with the attached terms and conditions of the sale. The terms of the auction require the successful bidder to provide the Division of Real Estate, within 30 days after the auction, a repair /rehabilitation plan along with proof of financial ability to complete the purchase and repair /rehabilitation of the property, prior to the transfer of title. Properties will not be transferred to any bidder owing financial obligations to the City or have existing code violations on other property they own. Such obligations must be satisfied. Attached is a list of twenty -one bidders (21) to date that have complied with the terms and conditions of the sale, address of the property and amount of the bid. The list of these bidders has been reviewed and cleared by the Anti - Flipping Task Force. I am recommending that Your Honorable Body approve the sale and transfer of title for these twenty -one (21) properties to the bidders listed in accordance with the terms and conditions of the sale. November 27 2007 11/27/2007 COPYAVAILABLE IN THE CITY CLERKS OFFICE FOR REVIEW REFERRED TO THE COMMITTEE ON FINANCE AND THE COMMISSIONER OF ADMINISTRATION & FINANCE NO. 7 CERTIFICATE OF APPOINTMENT Appointment Effective October 13, 2007 in the Department of Strategic Planning to the Position of Senior Planner Provisional Appointment, Third Step starting salary of $40,881 Michele A. Brozek, 460 Richmond Avenue, Buffalo 14222 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO. 8 NOTIFICATION SERIAL #10194 INSTALL NO LEFT TURN NOTTINGHAM TERRACE, NORTHBOUND AT AMHERST STREET 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 alter the first Council meeting at which they appear on the agenda as an item business. That that part of Section 37 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: REGULATION OF TURNS STREET AT INTERSECTION HOURS DIRECTION PROHIBITION Nottingham Terrace Amherst Street 7:00 am — northbound No Left Turn 9:00 am This action is being taken in order to improve the Level of Service at this intersection during the affected hours. NOTIFICATION SERIAL # 10193 INSTALL STOP SIGNS IN NORTHBOUND COMMERCE DRIVE AT UNION SHIP CANAL APPROACH ( SOUTH DISTRICT) STOP SIGNS (ALL -WAY) - 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 alter the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 9 Section 11 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: STOP SIGNS VEHICLES ON SHALL STOP BEFORE ENTERING northbound Commerce Drive Union Ship Canal approach This action is being taken as an emergency cautionary measure, and is to exist temporarily while permanent reconfiguration of this roadway takes place NOTIFICATION SERIAL #10192 INSTALL STOP SIGNS IN NORTHBOUND FUHRMARM BOULEVARD (WEST DRIVE) AT UNION SHIP CANAL APPROACH ( SOUTH DISTRICT) STOP SIGNS (ALL -WAY) - 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 9 Section 11 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: STOP SIGNS VEHICLES ON SHALL STOP BEFORE ENTERING northbound Fuhrmann Boulevard Union Ship Canal approach (west drive) This action is being taken as an emergency cautionary measure, and is to exist temporarily while permanent reconfiguration of this roadway takes place. Notification Serial #10191 INSTALL STOP SIGNS IN SOUTHBOUND FUHRMANN BOULEVARD (EAST DRIVE) AT UNION SHIP CANAL APPROACH ( SOUTH DISTRICT) STOP SIGNS (ALL -WAY) - 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 November 27 2007 11/27/2007 Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 9 Section 11 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: STOP SIGNS VEHICLES ON SHALL STOP BEFORE ENTERING southbound Fuhrmann Boulevard Union Ship Canal approach (east drive) This action is being taken as an emergency cautionary measure, and is to exist temporarily while permanent reconfiguration of this roadway takes place. NOTIFICATION SERIAL # 10190 INSTALL STOP SIGNS IN SOUTHBOUND FUHRMANN BOULEVARD (WEST DRIVE) AT UNION SHIP CANAL APPROACH ( SOUTH DISTRICT) STOP SIGNS (ALL -WAY) - INSTALL In conformity with Section 49 of Chapter 479 of tile Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 9 Section 11 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: STOP SIGNS VEHICLES ON SHALL STOP BEFORE ENTERING southbound Fuhrmann Boulevard Union Ship Canal approach (west drive) This action is being taken as an emergency cautionary measure, and is to exist temporarily while permanent reconfiguration of this roadway takes place. Notification Serial # 10184 NO STANDING SCHOOL DAYS — INSTALL ON SYCAMORE STREET, NORTH SIDE BETWEEN ELM STREET AND OAK STREET EXCEPT EXISTING NO PARKING AND NO STANDING ZONES (ELLICOTT DISTRICT) NO STANDING - 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 22 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: NO STANDING PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD Sycamore Street, north side 7:00 AM — 4:00 PM between Elm Street School Days and Oak Street (except existing No Parking and No Standing Zones) This action is being taken to accommodate the Enterprise Charter School. (see previous serial) NOTIFICATION SERIAL# 10183 REPEAL NO PARKING EXCEPT OFFICIAL POLICE VEHICLES ON SYCAMORE STREET, NORTH SIDE BETWEEN ELM STREET AND OAK STREET EXCEPT EXISTING NO PARKING AND NO STANDING ZONES (ELLICOTT DISTRICT) NO PARKINING - 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 EXCEPT OFFICIAL POLICE VEHICLES PROHIBITED PORTION OF HIGHWAYPROHIBITED PERIOD Sycamore Street, north side at all times between Elm Street and Oak Street (except existing No Parking and No Standing Zones) This action is being taken to accommodate the Enterprise Charter School. (see next serial) November 27 2007 11/27/2007 WAIVE 45 DAYS RECEIVED AND FILED NO. 9 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 ofC.C.P. 11/20/06 Item #22 of C.C.P. 10/2/07 Item #15 of C.C.P. 10/16/07 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 Roesch - Tonawanda to Condon Newfield - Esser to Ontario Collaton - Niagara to Fuller Contract Unit Estimated Estimated Item Description Price Quantity Cost R05.204 Concrete Sidewalks & Approaches $5 /sq ft. 14,085 sq.ft. $ 70,425 4" Replacement 11.110 Hydroseed 12.110 Maintenance & Protection of Traffic 613.0101 Topsoil Existing Contract Amount $1,597,207 $0.20 /sq.ft. 5,215 sq.ft. $1,043 Lump Sum as Necessary $ 2,000 $50 /cu.yd.64 $3,200.00 Total $ 76,668 Increase in Contract $76,668 Revised Contract Amount $1,673,875 Funds have been approved and are in CDBG Account #33 -50203 and permission is requested to accept a transfer into our Capital Project Account #30032106 - 445100. 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 November 1, 2007, be received and filed; and That the Acting Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue a change order, to P & J Construction Co., Inc., an increase in the amount of $76,668, as more fully described in the above communication, City Wide Sidewalk Replacement 2006, Group #658, Contract #92011257. Funds for this project are available in CDBG Account #33 -50203 with permission to accept a transfer into Capital Project Account #30032106- 445100. PASSED AYES - 9 NOES -0 NO. 10 CHANGE IN CONTRACT PARKSIDE LODGE SITEWORK JOB #0716 DELAWARE DISTRICT I hereby submit to Your Honorable Body the following changes for the Parkside Lodge, Sitework, Pinto Construction, C #93000026. 1. Reposition existing brick column. Add $ 3,000.00 2. Re -route existing underground sprinkler Add $ 2,100.00 The foregoing change results in a net increase in the contract of Five Thousand One Hundred and 00/100 Dollars ($5,100) Summary: Current Contract Amount $56,600.00 Amount of This Change Order ( #1) Add $ 5,100.00 Revised Contract Amount $61,700.00 Costs have been reviewed by Barton, Hovey, Mardini & Tries Architects, and the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in 30311406 445100 — Division of Buildings. Mr. Bonifacio moved: That the above communication from the Acting Commissioner of Public Works, Parks and Streets dated November 8, 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 Pinto Construction, an increase in the amount of $5,100.00, as more fully described in the above November 27 2007 11/27/2007 communication, Parkside Lodge, Sitework, Job #0716, C #93000026. Funds for this project are available in Capital Project Account #30311406-445100 Division of Buildings. PASSED AYES - 9 NOES -0 NO. 11 CHANGE IN CONTRACT REPAIR TO CITY PAVEMENTS, 2007, GR. #666 THOMANN ASPHALT, INC. CONTRACT #93000005 1 hereby submit to Your Honorable Body the following request for additional work to the above named project. This change order is necessary to complete pavement restoration to the following locations as per the request of The Buffalo Water Authority which have had leaks /repairs to the watermaln. Street Cost District West Ferry ( #666) $6,483.75 Delaware North @ Park ( #176) $3,330.15 Ellicott West Genesee (opp. 7 h Street $4,178.07 Ellicott n.w. Fillmore /North Parade $1,800.00 Fillmore Lovejoy & Greene (centerline) $1,163.00 Lovejoy East Delavan ( #435) $2,157.50 Masten East Delavan ( #1116) $2,181.30 Masten South Ogden (opp. pole #29) $ 2,923.00 Lovejoy Duerstein ( #35) $1,505.50 South South Park (Aldrich & Leland) $17,361.00 South s.w. corner Hopkins & South Park $ 5,207.29 South Millicent ( #171) $ 5,088.00 University Contract Unit Estimated Estimated Item Description Price Quantity Cost 02.110 Unclassified Excavation $40 /cu.yd. 224.55 $8,982.00 03.21 A Sub42ourse - fun depth asphalt /conct $40 /cu.yd. 113.3 $4,532.00 R04.150 Asphalt Concrete - hand laid $175Aon 184.58 $32,300.81 05.416 Sawing Pavement $3 /lin.ft. 878 $2,634.00 12.110 Maintenance & Protection of Traffic 1 lump sum 100% $3,064.00 90.500 Miscellaneous Construction Allowance 1 lamp sum 100% $1,865.75 Total $53,378.56 Existing Contract Amount $94,850.00 Increase in Contract $53,378.56 Total Contract to Date $148,228.56 Funds for this work are in the Water Capital Projects Account #53210716-445100 and permission is requested to accept a transfer into oar Engineering Capital Projects 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, Parks & Streets to issue said change order to Thomann Asphalt, Inc. Mr. Bonifacio moved: That the above communication from the Acting Commissioner of Public Works, Parks and Streets dated November 7, 2007, be received and filed; and That the Acting Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue a change order, to Thomann Asphalt, Inc., an increase in the amount of $53,378.56, as more fully described in the above communication, Repair to City Pavements, 2007, Group #666, Contract #93000005. Funds for this project are available in Water Capital Projects Account #53210716-445100 with permission to accept a transfer into Engineering Capital Projects Account #30032106- 445100. PASSED AYES - 9 NOES -0 NO. 12 REDUCTION IN RETENTION SCAJAQUADA PATHWAY -PHASE III DONALD J. BRAASCH CONSTRUCTION INC (CCP #16,6/8/03) This is to request from your Honorable Body for authorization of a reduction in the retention for the Scajaquada Pathway Phase III project. This project is virtually complete with exception of twenty four (24) pathway signs. The contractor was prevented from ordering the signs due to change to pathway alignment and since then contractor has been ordered the signs. Therefore, I am requesting your honorable Body's authorization to reduce the retention on this contract to $13,434.92 or approximately double the remaining work of $ 6,700. It is the opinion of this Department that the retention proposed is sufficient to guarantee completion of this contract. Mr. Bonifacio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated November 19, 2007, be received and filed; and November 27 2007 11/27/2007 That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to reduce the retention from $13,435.92 or approximately double the remaining work of $6,600 for Scajaquada Pathway- Phase III. PASSED AYES - 9 NOES -0 NO. 13 TAXI CAB PARKING ON ELLICOTT STREET ( ELLICOTT DISTRICT) (CCP48,10/30/07) At the Common Council's taxi cab and livery sub committee meeting of October 18, 2007, several issues were raised. One such issue has been referred to this department. In response to the question of whether cabstands once located on Ellicott Street are still legal the answer is yes. The Common Council approved 5 taxi cab stands on the east side of Ellicott Street north of North Division Street on July 12, 1977 (CCP #202). This approval has not been rescinded and is therefore still in effect. RECEIVED AND FILED Ia :IQ Vi11111:1NEK6LVihVi11.1-11IQ0114ZKOIaa1:7:4 NO. 14 PURCHASE VANS FOR COMM. DIV. & TRAININING BUREAU We are requesting approval to purchase two (2) vans for the Communications Division and the Training Bureau. The new communications van will replace CC -02 -F; a 1986 Ford Cube Van that has exceeded it's useful life. The training bureau van will replace F -149; a 1991 Chevrolet van. There are sufficient funds in our budget to purchase these two vans, which will be used by on -duty personnel and will not be take home vehicles. We are also requesting permission to scrap CC -02 -F and F -149 after we receive the new vehicles. Mr. Bonifacio moved: That the above communication from the Commissioner of Fire dated November 2, 2007, be received and filed; and That the Director of Purchase be, and she hereby is authorized to purchase two 2 vans for the Communications Division and the Training Bureau. That the purchase of these vehicles and equipment is approved contingent on, that concurrent with their use, that they be . designated as .not- authorized for take -home use, that they be marked with the City Seal m accordance with Chapter 53 of the City Code and the exceptions thereto granted by this Common Council, and that the replaced vehicles be removed from City Service And disposed of by the Director of Purchase m the best interests of the City. PASSED W /COND AYES - 9 NOES -0 FROM THE CORPORATION COUNSEL NO. 15 CLAIMS COMMITTEE MEETING WEDNESDAY, DECEMBER 5, 2007 HON. MICHAEL P. KEARNS, CHAIRPERSON AGENDA Agenda available for review in The City Clerk's Office REFFERRED TO THE COMMITTEE ON CLAIMS NO. 16 MUNICIPAL CODE VIOLATION REPORT 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 September and October 2007. As you can see from the attached reports, 1,487 summonses were issued in September and 1,055 were issued in October by the various departments. RECEIVED AND FILED NO. 17 RUN BUFFALO - REQUEST WAIVER OF DEMOLITION FEES - 832 SYCAMORE AVENUE ITEM NO. 115, C.C.P. 10/16/07 Your Honorable Body has requested an opinion from the Corporation Counsel concerning the legality of providing Revitalizing Urban Neighborhoods, Inc. (hereinafter "RUN Buffalo ") with a waiver from demolition permit fees at 832 Sycamore Street. The Resolution identifies RUN Buffalo as a non - profit organization formed to encourage neighborhood revitalization through the elimination of urban blight in the City of Buffalo. Examination of Corporate filings and the Mission Statement of RUN Buffalo, indicates that it is a "non- profit organization formed to encourage neighborhood revitalization and contribute to economic renewal in the City of Buffalo through the elimination of urban blight and decay... by removing severely November 27 2007 11/27/2007 neglected and abandoned housing and restoring the land to a natural state." The property in question (832 Sycamore) is one to which the City of Buffalo is perfecting rifle. As a general rule, Article VIII, Section 1 of the New York State Constitution and NYS Municipal Local Finance Law §101 prohibit the gift of public funds to private citizens or organizations for their private benefit with only an incidental public benefit. While the Constitution is suffused with prohibitions against the expenditure of public funds for private benefit, it is well established that incidental private benefit will not invalidate an action, which has as its primary object a public purpose. See Denihan Enterprises, Inc. v. O'Dwver. 302 NY 451, 458 (1951); Hotel Dorset v. Cultural Resources, 46 NY2d 358, 371 (1978); Yonkers Community Development Agency v. Morris. 37 NY2d 478, 482 (1975); Murphy) v. Erie County, 28 NY2d 80, 87 -88 (1971). In the instant case, the primary purpose to be served by waiving demolition permit fees for the demolition of dilapidated structures on city property is a public one, because it accomplishes the cost effective and therefore more expansive demolition of vacant or blighted city -owned structures that pose an immediate threat to the health, safety and welfare of the community. As the New York State Comptroller has stated, a municipality in fixing fees, may grant exemptions from such fees where there is some reasonable basis for treating classes differently (See 21 Op. St. Compt. 621 (1965); 67 Op. St. Compt. 226 (1967)). We find that the private benefit is incidental to the public purpose served by allowing the organization to more cost effectively demolish city -owned structures. So long as the waiver is prospective in nature and the fee waiver is limited to situations where it achieves a predominantly public benefit, as it clearly does in the instant case, the Law Department sees no legal impediment to granting the fee waiver request contemplated by the above - referenced item. RECEIVED AND FILED FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT & INSPECTION SERVICES NO. 18 ADMINISTRATIVE ORDER 2007 -010 Please find attached a revised Administrative Order 2007 -010 re: Ordinance Amendment- Chapter 437, Taxicabs and Liveries from the Department of Economic Development, Permit & Inspection Services for you Honorable Body's attention. ADMINISTRATIVE ORDER FROM THE COMMISSIONER No 2007 -010 Title of Action Ordinance Amendment- Chapter 437, Taxicabs and Liveries Date of Adoption: January 23, 2007 Effective Date January 23, 2007 Date of Original Implementation January 9, 2007 Revisions October 24, 2007 Original Action None Authority Chapter 437, Section 17 -2 and Item #91 CCP 01123/07 Distribution: Mayor Byron W. Brown Deputy Mayor Steven Casey Corporation Counsel Alisa Lukasiewicz Assistant Director Paul Mielcarek Supervisor of Licenses Mary Zizzo Common Council Background In the past, Taxicab and Livery vehicles were licensed to operate throughout the City of Buffalo without regard to the age of the vehicle. On January 23, 2007, the Buffalo Common Council adopted Resolution #91 CCP 01 /23/07. This resolution establishes an age limit for taxicabs licensed in the City of Buffalo. Purpose The purpose of this order is to give guidance to the Office of Licenses regarding the ordinance amendment related to application procedures. Order Effective May 1, 2007, for all new and renewed taxicab licenses, the maximum vehicle age in order to obtain a taxicab and /or livery vehicle license shall be fifteen (15) -model year age dated from the most current licensing year; Effective May 1, 2008, for all new and renewed taxicab licenses, the maximum vehicle age in order to obtain a taxicab and /or livery vehicle license shall be twelve (12) -model year age dated from the most current licensing year; Effective May 1, 2009 and thereafter, for all new and renewed taxicab licenses, the maximum vehicle age in order to obtain a taxicab and /or livery vehicle license shall be a ten (10) -model year age dated form the most current licensing year. The Office of Licenses will revise current applications to inform applicants and reflect the new changes. For More Information If there are further questions regarding this notice, please contact the City of Buffalo's Department of Economic Development, Permit and Inspection Services, Office of Licenses at 716 - 851 -4078. RECEIVED AND FILED NO. 19 COIN TELEPHONE FACILITY 178 THOMPSON (NORTH) November 27 2007 11/27/2007 Pursuant to Chapter 441 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Coin Telephone Facility located at 178 Thompson and find that as to form is correct. I have caused an investigation into the premises for which said application for a Coin Telephone Facility License is being sought and according to the attached reports from the Engineering Office, I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Mr. Bonifacio moved That Jill Hardesty's application for a coin telephone Facility License at 178 Thompson is hereby approved in accordance with Chapter 441 of the City Code PASSED AYES - 9 NOES -0 NO. 20 FOOD STORE LICENSE 547 ELMWOOD (NIAGARA) Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 547 Elmwood (The Village Beer Merchant) and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collections Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Mr. Bonifacio moved: That the above communication from the Department of Economic Development, Permit and Inspections Services dated November 15, 2007, be received and filed; and That pursuant to Chapter 194 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services be, and he hereby is authorized to grant a Food Store License to Louise Weston located at 547 Elmwood (The Village Beer Merchant). PASSED AYES - 9 NOES -0 NO. 21 LODGING HOUSE AGENT LICENSE Dear Members of the Buffalo Common Council: On February 20, 2007, the Common Council passed Item #80 a City ordinance amending Chapter §269, Lodging House License. The law requires that each lodging house have a licensed lodging house agent that must live on the property. Per your request, only six (6) lodging house owners out of the nineteen (19) previously stated (see below) have failed to comply with this ordinance. Additional enforcement action is planned if necessary. 557 Hertel Ronald Zak 696 Seneca David Bouquard 1942 South Park John Stanton Sr 297 Utica West Gregory Szeliga 512 Tonawanda James E. Pavel (requested hearing, not in compliance) 31 Whitney Curtis Haynes Jr. (requested hearing, not in compliance) REFERRED TO THE COMMITTEE ON LEGISLATION. NO. 22 SECOND HAND DEALER 999 BROADWAY (FILLMORE) Pursuant to Chapter 254 of the City of Buffalo Ordinances please be advised that I have examined the attached application for a Second Hand Dealer License located at 999 Broadway and find that as to form is correct. I have caused an investigation into the premises for which said application for a second hand dealer license is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspections. I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of Tomas Taylor. The attached thereto for Tomas Taylor d /b /a Taylor Magen Merchandise. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION. NO. 23 USED CAR DEALER 2480 DELAWARE AVE (NORTH) Pursuant to Chapter 254 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Used Car Dealer License located at 2480Delaware Ave and find that as to form is correct. I have caused an investigation into the premises for which said application for a used car dealer license is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspections, 1 find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of Jamie Fauling. The attached thereto for Jamie Fauling dba Innovative Auto Sales & Service Inc. This request is submitted for your approval or whatever action you deem appropriate. Mr. Bonifacio moved That Jamie Fauling's application for a used car dealer license at 2480 Delaware is hereby approved PASSED November 27 2007 11/27/2007 AYES - 9 NOES -0 NO. 24 WHOLESALE JUNK DEALER 49 HOPKINS (SOUTH) Pursuant to Chapter 254 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Wholesale Junk Dealer License located at 49 Hopkins and find that as to form is correct. I have caused an investigation into the premises for which said application for a Wholesale Junk Dealer License is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspections, I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of ThomasdmtStamboulis. The attached thereto for Thomas J. Stamboulis dib /a 49 Hopkins Inc. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION. NO. 25 CERTIFICATE OF APPOINTMENT Appointments effective November 16, 2007 in the department of Economic Development Permits and Inspections, Division of Multiple Dwellings to the Position of Building Inspector, Permanent Appointment at the Third Step of $42,597 Joseph Sacco, 659 Prospect Avenue, Buffalo, NY 14213 Christopher Curtin, 75 Trowbridge, Buffalo, NY 14220 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 26 CERTIFICATE OF APPOINTMENT Appointment effective November 16, 2007 in the department of Economic Development Permits and Inspections, Division of District Inspections to the Position of Building Inspector, Contingent Permanent Appointment at the Fifth Step of $45,696 David Gilmour, 29 Carlyle Ave, Buffalo, NY 14220 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 27 CERTIFICATE OF APPOINTMENT Appointment effective November 16, 2007 in the department of Economic Development Permits and Inspections, Division of Multiple Dwellings to the Position of Chief Building Inspector, Permanent Appointment at the Fifth Step of $50,802 Louis Petrucci, 89 Red Jacket Pkwy, Buffalo, NY 14220 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF ADMINISTRATION, FINANCE, POLICY & URBAN AFFAIRS NO. 28 CONTRACT SETTLEMENT BETWEEO CITY OF BUFFALO AND BUFFALO CROSSING GUARD ASSOCIATION JULY 1,2007 -JUNE 30, 2010 Attached please find the contract settlement between the City of Buffalo and the Buffalo Crossing Guards Association for the contract period July 1, 2007 through June 30, 2010. The parties have agreed to modify the following contractual provisions. Article 5.1 "Salaries ", Article 5 "Snow Days ", Article 9.4 "Insurance Contribution ", Article 9.7 "In Lieu Payments ", Article 10, "Dress Standards ", Article 12.1 "Bumping Rights ", Article 17, "General Provisions ", Substance Abuse Policy, Signing Bonus, and Article 18, "Termination" Your approval of this contract settlement is respectfully requested. Mr. Bonifacio moved: That the above communication from the Commissioner of Administration, Finance, Policy and Urban Affairs dated November 20, 2007, be received and filed; and That the Memorandum of Agreement between the City of Buffalo and the Buffalo Crossing Guards Association, for the contract period July 1, 2007 through June 30, 2010; effective November 14, 2007, be and hereby is approved and ratified. PASSED AYES - 9 NOES -0 NO. 29 FIRST QUARTER GAP 2007 -2008 Attached is the First Quarter Gap for 20047 -2008. We are projecting at this time a surplus of $1.69 million. This is due to revenues being ahead by approximately $3.83 million and expenditures currently being over budget by $ 2.14 million. The expense is primarily due to overtime costs in the Police and Fire Departments. REFERRED TO THE SPECIAL COMMITTEE ON BUDGET NO. 30 PURCHASE OF PICK -UP TRUCK We are requesting approval to purchase one (1) 2008 Ford Super Duty F -250 pick -up truck for the Dept. of Administration & Finance, Policy and Urban Affairs - Division of Inventory & Stores. This vehicle will replace IS -21 and IS -302 which were sold at the Streets auction in September, 2007. There are sufficient funds in our 2007 -08 capital outlay to purchase this vehicle. November 27 2007 11/27/2007 Mr. Bonifacio moved That the above communication from the Director of Purchase dated November 16, 2007, be received and filed; and That the Director of Purchase be, and she hereby is authorized to purchase one M 2008 Ford Super Duty F -250 pick -up truck to replace IS21 and IS 302 That the purchase of this vehicle and equipment is approved contingent on, that concurrent with it's use, that it be designated as not - authorized for take -home use, that it be marked with the City Seal in accordance with Chapter 53 of the City Code, and that —; replaced vehicle be removed from City service and disposed of by the Director of Purchase in the best interests of the City. PASSED W /COND AYES - 9 NOES -0 NO. 31 PURCHASE OF VEHICLES This is to request approval to purchase 3 Ford Ranger XL Super Cab 44 vehicles for the Division of Parking Enforcement. The new vehicles were approved in the 2007 -08 capital outlay budget and will replace vehicles that have already been removed from fleet use due to age and disrepair. Mr. Bonifacio moved: That the above communication from the Director of Parking Enforcement dated November 16, 2007, be received and filed; and That the Director of Purchase be, and she hereby is authorized to purchase three (3) Ford RangerXLSuperCab4x4vehicles. That the purchase of these vehicles and equipment is apl— roved'cOntingent on, that concurrent with their use, that they be designated as not - authorized for take -home use, that they be marked with the City Seal in accordance with Chapter 53 of the City Code, and that the replaced vehicles be removed from City service and disposed of by the Director of Purchase in the best interests of the City. PASSED W /COND AYES - 9 NOES -0 NO. 32 CERTIFICATE OF APPOINTMENT Appointment effective November 19, 2007 in the Department of Administration and Finance, Policy & Urban Affairs, Division of Parking Enforcement to the Position of Senior Administrative Assistant , Temporary Appointment at the Maximum Salary of $45,814 Geraldine M. Kaczmarz, 47 Seward St, Buffalo, NY 14206 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 33 CERTIFICATE OF APPOINTMENT Appointment effective November 19, 2007 in the Department of Administration and Finance, Policy & Urban Affairs, Division of Parking Enforcement to the Position of Administrative Assistant , Temporary Appointment at the Maximum Salary of $38,584 Patricia K. Kibby, 177 Cable Street, Buffalo, NY 14206 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE BUFFALO SEWER AUTHORITY NO. 34 ESTABLISHMENT OF LEAD AGENCY AND COORDINATED REVIEW The Buffalo Sewer Authority (the "BSA ") hereby designates itself as the Lead Agency to carry out the State Environmental Quality Review Act (SEQRA) process to review, undertake, fund and /or approve the following actions: The Buffalo Sewer Authority, in conjunction with the City of Buffalo, will develop a program to comply with the State and Federal government requirements for municipal separate storm sewer systems (MS4) and property located in the City of Buffalo, including but not limited to, adoption of regulations by the BSA and ordinances by the City of Buffalo. The BSA has made a preliminary determination that the Action is an Unlisted Action in accordance with 6 N.Y.C.R.R. Part 617.2. Attached is a copy of Part I of the SEQRA Environmental Assessment Form and Coastal Assessment Form for your information and review. If you have any questions, comments or need any further information about the Buffalo Sewer Authority lead agency designation or the EAF, please contact Ms. Leslie Sedita, of the Buffalo Sewer Authority, 90 West Ferry Street, Buffalo, New York 14213-1799, telephone (716) 883 -1820 x250. Mr. Bonifacio moved: That the above communication from the Buffalo Sewer Authority, dated November 7, 2007, be received and filed; and That the Common Council hereby consents to the Buffalo Sewer Authority to act as Lead Agency for the Municipal Separate Storm Sewer System Compliance Project. PASSED AYES - 9 NOES -0 FROM THE CITY CLERK NO. 35 November 27 2007 11/27/2007 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 500 Franklin St Blazo LLC 500 Franklin St Nickel City Dev 3112 Main and 3114 Main Havana House Restaurant /Sangria Lounge RECEIVED AND FILED NO. 36 LEAVES OF ABSENCE WITHOUT PAY I transmit herewith notifications received by me, reporting the granting of the leaves of absence without pay, in the various departments as listed: X Mayor /Mayor Executive- Strat Plan Pamela L. Grzebielucha X Police Dana Gordon, Sherry Ebert, Amy Frankel Management Information Systems Joseph Strainese Administration, Finance & Urban Affairs- Patricia Kibby. Geraldine M RECEIVED AND FILED. NO. 37 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: x Buffalo Sewer Authority RECEIVED AND FILED. NO. 38 NOTICES OF APPOINTMENTS - COUNCIL INTERNS I transmit herewith appointments to the position of Council Intern. Mr. Bonifacio moved the approval of the appointments to the position of Council Intern. ADOPTED. CERTIFICATE OF APPOINTMENT Appointment effective 11/08/2007 to the Position of Intern VI, Seasonal Non Competitive at the Flat Starting Salary of $10.00 /hr Russell Weaver, 72 Days Park Apt 5, Buffalo, NY 14201 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 39 APPOINTMENTS - MAYOR'S YOUTH OPPORTUNITY & EMPLOYMENT I transmit herewith appointments made in the Mayor's Youth Opportunities and Employments Programs. RECEIVED AND FILED. CERTIFICATE OF APPOINTMENT Appointment Effective: November 15, 2007 in the Department of Executive, Division of Mayor to the Position of Intern VI, Seasonal, Non Competitive at the minimum starting salary of $10.00 /hr James Disalvo, 436 Vermont St, Buffalo, NY 14213 NO. 40 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 11/13/2007 in the Department of Public Works, Division of Engineering to the Position of Laborer 11, Seasonal appointment at the flat starting Salary of $8.15/hr Matt Hurst, 425 Hinman Avenue, Buffalo, NY 14216 Appointments effective 11/21/2007 in the Department of Public Works, Division of Streets to the Position of Laborer 11, Seasonal appointment at the flat starting Salary of $8.15/hr Lee Roberson, 161 Trowbridge St, Buffalo, NY 14220 David Masse 111, 263 Roesch Avenue, Buffalo, NY 14207 NO. 41 APPOINTMENTS, TEMPORARY, PROVISIONAL, PERMANENT I transmit herewith appointments in the various departments made at the minimum (Temporary, Provisional, Permanent)(as per contract requirements) REFERRED TO THE COMMITTEE ON CIVIL SERVICE November 27 2007 11/27/2007 Appointment effective 11/16/2007 in the Department of Public Works, Division of Buildings to the Position of Senior First Class Stationary Engineer, Temporary appointment at the flat starting Salary of 10.25hr Andrew Krawchuk, 1293 Hertel Avenue, Buffalo, NY 14216 Reginald G. Goston, 378 Northland Avenue, Buffalo, NY 14208 John P. Scanlon, 201 Cumberland Avenue, Buffalo, NY 14220 James T. Conrad, 128 Harding Road, Buffalo, NY 14220 CERTIFICATE OF APPOINTMENT Appointment effective 11/17/2007 in the Department of Public Works, Division of Buildings to the Position of Senior First Class Stationary Engineer, Temporary appointment at the flat starting Salary of 10.25hr Michael McCool, 53 Oakhurst Road, Buffalo, NY 14220 CERTIFICATE OF APPOINTMENT Appointment effective 11/19/2007 in the Department of Public Works, Division of Buildings to the Position of Senior First Class Stationary Engineer, Temporary appointment at the flat starting Salary of 10.25hr Thomas Pyjas, 29 Garvey St, Buffalo, NY 14220 Lawrence L. Doctor Jr, 29 Boone St, Buffalo, NY 14220 Kevin G. McCarthy, 917 Abbott Road, Buffalo, NY 14220 CERTIFICATE OF APPOINTMENT Appointment effective 11/21/2007 in the Department of Public Works, Division of Streets to the Position of Truck Driver, Provisional Promotion at the minimum starting Salary of $27,646 Jerry Chapman, 436 Langfield Drive, Buffalo, NY 14215 CERTIFICATE OF APPOINTMENT Appointment effective 11/21/2007 in the Department of Public Works, Division of Streets to the Position of Street Worker, Temporary Appointment at the minimum starting Salary of $26,779 William Betancourt, 71 Knox Avenue, Buffalo, NY 14216 Arbey Hill, 65 Lewis St, Buffalo, NY 14206 CERTIFICATE OF APPOINTMENT Appointments Effective 11/21/2007 in the Department of Public Works Division of Streets to the Position of Street Worker Permanent Non - Competitive Minimum Starting Salary of $26,779 Richard Zern -Hehir 132 Harding Rd Buffalo, NY 14220 Daniel O'Connor 51 Olcott Ave Buffalo, NY 14220 Michael Nati 293 Ludington St Buffalo, NY 14206 CERTIFICATE OF APPOINTMENT Appointment Effective November 19, 2007 in the Department of MIS of to the Position of System Analyst, Temporary Appointment at the minimum Starting Salary of $41,174 Joseph Strainese, 318 Southside Pkwy, Buffalo, NY 14220 CERTIFICATE OF APPOINTMENT Appointment Effective November 13, 2007 in the Department of Assessment and Taxation to the Position of Assessor, Provisional Appointment at the minimum Starting Salary of $40,670 Kevin Hannon, 112 Milford St, Buffalo, NY 14220 NON - OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON - OFFICIAL COMMUNICATIONS NO. 42 LEGAL AID BUREAU'S OCTOBER MONTHLY REPORTS Dear Mr. Chwalinski: Please file the enclosed item for further discussion at the next Common Council session to be held November 27, 2007. Thank you in advance for your assistance with this matter. Attn: Hon. Brian C. Davis Chairperson of Finance Committee Dear Chairperson Davis, Enclosed please find a copy of our Monthly Reports and Monthly Activity Reports for October 2007. If you have any questions, please feel free to call me at 853 -9555 Ext. 453, or our Housing Attorney, Sherree Meadows, at 853 -9555 Ext. 555. RECEIVED AND FILED NO. 43 B DAVIS R SANDERS -CEASE WATER SERVICE AT 508 HIGH ST Buffalo Water Board 281 Exchange Street Buffalo, New York 14204 To Whom It May Concerns: November 27 2007 11/27/2007 Please review the following property information that was purchased at the City of Buffalo auction by Refuge Temple of Christ on 12/8/05. In Rem 39, October 24, 25 and 26, 2005 508 High Street - In Rem 39 Serial 1038 Please be aware that we never authorized or initiated any water service to be turned on at this property. However, we are being billed for water service that we have never received. We humbly request that the bills for water cease and that we receive documentation when the problem is rectified. Thank you for your consideration and prompt response in this matter. REFERRED TO THE COMMITTEE ON FINANCE, THE CORPORATION COUNSEL, AND THE BUFFALO WATER BOARD NO. 44 B. DAVIS, L ZAEPFEL- DISCUSS CREATING A PUBLIC USE ABANDONMENT ROW ONE BLOCK OD CARY ST I would like to arrange a time to come meet with you to discuss creating a public use abandonment of the right -of -way for one block of Cary Street between Elmwood and Delaware Avenue in the City of Buffalo. Our request serves the purpose of providing parking for tenants of 200 Delaware along this underutilized stretch of right -of -way between Elmwood and Delaware Avenue. The proposed parking area would occupy 4,000 square feet to accommodate approximately 20 vehicles. UniQuest is willing to engage in a long term lease with the City. Following approval from the department of Public Works and the City of Buffalo Common Council, we look to enter into a "Mere License" for installation of said encroachment. In addition to the Cary Street issue, I would like to familiarize you with the project overall. I look forward to discussing this request with you and will call to arrange a meeting. Vice President, Corporate Relations REFERRED TO THE COMMITTEE ON FINANCE. CORPORATION COUNSEL. COMM OF PUBLIC WORKS.PARKS & STREETS NO. 46 REFERRED TO THE COMMITTEE ON BUDGET DAVIS -R &F KELLEY RESPONSE SUPPORTING SMALL BUSINESS RESOLUTION NO. 102 CCP OCTOBER 2, 2007 Dear Ms. Baldwin: The New York Power Authority received your October 12, 2007 letter transmitting the subject Resolution of the Common Council, but was not aware that you expected comments from the Authority until we received a subsequent November 15, 2007 letter from a member of your staff seeking our comments. Please accept these observations about the Resolution. As written, the Resolution entitled "Promoting Small Business" recommends that "proceeds" from the sale of hydropower be used to "establish an investment pool of $5 million to be allocated as grants up to $250,000" for certain small business entrepreneurs as defined in the Resolution. There is no hydropower available from the Power Authority to be used for this purpose, and any change in the approved uses of the power would require new statutory authority from the New York State Legislature. The Power Authority is responsible for allocation of two blocks of Niagara Project hydropower in the Western New York Region -- a 445 megawatt block known as Replacement Power and a 250 megawatt block known as Expansion Power. This power is required by Section 1005 (13) of the New York Public Authorities Law to be directly allocated to businesses within the Region under the criteria set forth in that law. Since 2005, as required by law, up to 70 megawatts of Replacement Power that is unallocated is sold into the market to support other Authority power programs, pending its allocation in Western New York. relicensing of the Project. For example, 5 megawatts were assigned to support the efforts of the Erie Canal Harbor Development Authority to redevelop the Buffalo Inner Harbor. Chapter 59 of the Laws of 2006 (Part U) authorized the creation by the Governor of a "Temporary State Commission on the Future of New York State Power Programs for Economic Development ". The charge to the Commission was to recommend to the Governor and the Legislature on or before December 1, 2006, "whether to continue, modify, expand or replace the state's economic development power programs, including but not limited to the power for jobs program and the energy cost savings benefit program . On December 1, 2006, the Commission issued its report, which included an array of findings and recommendations. A key recommendation of the report was that, among other things, hydropower now sold to utilities for use by their residential customers ought to be "redeployed" for economic development purposes. Any such redeployment of hydropower, including uses such as suggested in the Resolution "Promoting Small Business ", would require State legislation. Thank you for the opportunity to offer the Power Authority's comments on the subject Resolution. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT. NO. 46 BUFFALO NEWS ARTICLE FEMA'S RECLASSIFICATION OF CITY ZONES I would like to file the attached information for the next Common Council meeting to be held on November27, 2007. Attached article available for review in The City Clerk's Office REFERRED TO THE SPECIAL COMMITTEE ON WATERFRONT DEVELOPMENT NO. 47 M. LOCURTO REVIEW OF POLAR BEAR DEATHS AT BUFFALO ZOO IN 2006/2007 Dear Mr. Chwalinski: November 27 2007 11/27/2007 Please file the attached item for further discussion at the next Common Council session to be held November 27, 2007. Thank you in advance for your assistance in this matter. Review of Polar Bear Deaths at the Buffalo Zoo in 2006/2007 Danny Y2 years old at time of death Actual cause of death on August 21s 2006 was heart failure - dilative cardiomyopathy (necropsy report),' severe myocardial fibrosis, valvular myxedema (ZooPath report). Anorexia refers to loss of appetite (not eating his meat). Resumed eating his meat the very next day. At time of death weighed 889 Ibs, 214 lb weight gain from March 2006 physical exam (five months earlier). Bear WAS receiving treatment for fly bites with horse spray, plus keflex and rimadyl. Immobilization is always a risk. Organ failure compromised his ability to metabolize anesthesia. Heart rate was high throughout procedure. Prolonged recovery from anesthesia, but Danny was awake and alert by mid afternoon. Not seen using his back legs so we decided to continue to watch him. Observed him try to climb down stairs into pool. Slid to bottom. Keeper contacted vet at 6:00 pm who gave him additional reversal agents. Vet was preparing to immobilize him again when he died. Vet recommended to keep pool empty so fly ointment applied to ears would not be washed off. Given hose to keep cool. Becky 29 years old at time of death • May 2006 - exhibited vomiting and loose stools; anesthetized to remove large gallstone on May 13 anesthetized again on August 13 recheck gallbladder; continued to have episodes of vomiting and loose stool. Discussed options at animal management meeting: euthanize or remove gall bladder and treat with pancreatic enzymes. • Removed gall bladder on November 21 st - pathology report came back chronic cholecystitis (i.e. acute inflammation of the gall bladder). • Observed piece of plastic bag in her stool on January 30th; fecals otherwise normal. • Started to decline in health on February 8 - ' Thought maybe she had an intestinal blockage so vet did exploratory surgery. He removed section of constricted tissue in bowel where cancer was suspected. No signs of a foreign body obstruction. Also removed a small piece of plastic from stomach; this had nothing to do with her chronic health problems. • Slow to come out of anesthesia; Pathology report indicates cause of death as Cholangiocarcinoma gall bladder (ZooPath report dated March 21 st); also evidence of hepatic (liver) disease. • In our taped exit interview with the inspector, she admits that she has not witnessed an inappropriate amount of trash or debris on zoo grounds in any of her inspections. • A review of inspections going back almost 30 years shows that the Zoo has never been cited for excess trash or debris in exhibits or on grounds. • Coconut and cardboard cited from 2001 were intentionally placed in exhibit as enrichment items. Becky was never given coconut or treats in cardboard boxes again after pieces became lodged in small gap between her teeth. Kelly 19 years old at time of death • Reported as lethargic in November 2006. Immobilized on November 30th; blood work indicated kidney failure. • Condition continued to worsen; immobilized again on December 9th; blood work showed severe renal failure so she was euthanized. • A piece of plastic toy and some stones found in stomach at necropsy. • The presence of foreign material in Zoo carnivores is not an uncommon occurrence. The items generally pass through the digestive system as they do with a pet dog or cat. Kinapak 6 Y2 years old at time of death Block of rat bait and parts of a garbage bag found in exhibit during keeper's morning inspection on January 8 h 2007. No evidence that Kinapak consumed any part of either, but incident noted on keeper report to alert keepers to watch for signs of potential illness. Noted as being off diet on May 22nd; was immobilized on May 27 Went into cardiac arrest on way to vet hospital. Zoopath report indicates chronic cardiopulmonary disease. Given age of bear, the independent pathologist suspects some form of developmental anomaly in the heart valve (valvular dysplasia). Absolutely no evidence of foreign material contributing to bear's death. No foreign bodies whatsoever found in stomach or intestine at necropsy. Summary The polar bears died of heart failure, cancer of the gallbladder, kidney disease (euthanized), and a heart valve problem. • The bears did not consume garbage. A small piece of a garbage bag was observed in the stool of one animal, but there was never any plastic found in any bear's intestines. • The bear exhibits are checked multiple times each day for trash or other debris. In addition, signage is posted at the bear exhibit advising visitors not to throw any objects into the exhibits. • In a search of 1000 bear keeper reports over the last three years, there were only two reports of plastic (in both cases plastic bags) found on exhibit. That's an incidence rate of 0.2 %. • The two bits of plastic found in the stomachs of Kelly and Becky were not responsible for their deaths from kidney disease and gallbladder cancer. REFERRED TO THE COMMITTEE ON LEGISLATION. NO. 48 M. OVERDORF SPRING REPAIRS 825 & 827 SOUTH PARK (FILL) November 27 2007 11/27/2007 Please be advised that P & J Concrete was at our site at the Valley Community Center replacing sidewalks and curbs for which we are very grateful. They used 825 -827 South Park as a staging area. There were some minor things that they promised they would fix in spring 2008. These are: Deep ruts at 825 & 827 South Park Soil & Hydroseed the same Crack in the sidewalk at 825 South Park I thought it best to record this information so when I pursue these repairs in the spring it will be documented. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 49 NYSDOT TO HOST A SCOPING MEETING ON SCAJAQUADA EXPRESSWAY PROJECT Wednesday, November 28 at 6 p.m. at Medaille College Lecture Hall The New York State Department of Transportation ( NYSDOT) Regional Director Alan E. Taylor, in cooperation with the Federal Highway Administration, today announced that an Environmental Impact Statement (EIS) will be prepared in accordance with the National Environmental Policy Act (NEPA) /SEAR on the NY Route 198 (Scajaquada Expressway) Corridor project in the City of Buffalo, Erie County. NY Route 198 is an Urban Principal Arterial Expressway on the National Highway System connecting Interstate 190 and NY Route 33 (Kensington Expressway), with traffic volumes between 34,000 and 54,000 vehicles per day, a design speed of 55 mph, and grade separated interchanges. The Scajaquada Expressway is subject to congestion and higher than expected accidents rates. There are also areas of poor pavement conditions and failing drainage systems. The expressway facility is at odds with the context of the surrounding culturally rich community resources, including a nationally renowned art gallery, an historic Olmsted- designed park, an historic cemetery, historic buildings, higher education institutions and residential neighborhoods. The Scajaquada Expressway acts as a barrier, dividing the park and hindering the use of these resources by the community, including pedestrians and bicyclists. A transportation facility is needed that balances the need to be in harmony with the surrounding community character with the need to provide safe and efficient transportation service for all modes of transportation through the affected area. neighborhoods, parks, cultural resources, air quality and surface waters from construction, traffic and traffic noise. Additional input from Participating and Cooperating Agencies, and from the public, will be necessary before a final decision will be made regarding the full range of alternatives to be studied. A series of public information meetings will be held in the City of Buffalo between November 2007 and February 2010, including a public hearing. Public notice will be given of the time and place of the meetings and hearing. The Draft EIS, when prepared, will be available for public and agency review and comment. A formal NEPA scoping meeting will be held on Wednesday, November 28, 2007, between 6 p.m. and 8 p.m. at Medaille College Lecture Hall, located at 18 Agassiz Circle in the City of Buffalo. The meeting will be an informal open house with a brief formal presentation at 6:30 p.m. Department of Transportation representatives will be present to receive comments and answer individual questions. For further information, or to request a sign language interpreter or assistive listening device system, please contact Craig Mozrall, Assistant Regional Design Engineer, at (716) 847 -3033. RECEIVED AND FILED NO. 60 D SMITH ARTICLE - MUNICIPAL LEADERSHIP IN SUPPORTING HIGH SCHOOL ALTERNATIVES Dear Mr. Chwalinski, Please file the attached document for the upcoming Common Council Session to be held on November 27, 2007. Thank you in advance for your assistance in this matter. Available for review in The City Clerk's Office REFERRED TO THE SPECIAL COMMITTEE ON EDUCATION .AND THE BOARD OF EDUCATION REGULAR COMMITTEES CIVIL SERVICE (BONNIE E. RUSSELL, CHAIRPERSON) NO. 61 CERTIFICATE OF APPOINTMENT (PROV)(FLAT)(AMOS)(MIS) CCP# 9,11/13 That the above item be and the same hereby is received and filed. ADOPTED. NO. 62 APPT POLICE CAPTAIN (PERM)(MCLELLAN)(POL) CCP# 16, 11/13 That the above item be and the same hereby is received and filed. ADOPTED. NO. 63 APPT POLICE CAPTAIN (CONT PERM)(MCCARTHY)(POL) CCP# 17, 11/13 That the above item be and the same hereby is received and filed. ADOPTED. November 27 2007 11/27/2007 NO. 54 APPT POLICE LIEUTENANT (CONT PERM) (PANUS)(POL) CCP# 18,11/13 That the above item be and the same hereby is received and filed. ADOPTED. NO. 66 APPTS POLICE DETECTIVE (PERM) (MCGRATH, KEANE)(POL) CCP# 19, 11/13 That the above item be and the same hereby is received and filed. ADOPTED. NO. 56 APPT POLICE DETECTIVE (CONT PERM) (MOURGAS)(POL) CCP# 20, 11/13 That the above item be and the same hereby is received and filed. ADOPTED. NO. 57 NOTICES OF APPOINTMENTS TEMP /PROV /PERM CCP# 29, 11/13 That the above item be and the same hereby is received and filed. ADOPTED FINANCE (BRIAN C. DAVIS, CHAIRMAN) NO. 58 PERMISSION TO RETAIN CONSULTANT CITYWIDE TREE MANAGEMENT (ITEM NO. 15, C.C.P., NOV. 13, 2007) That the Acting Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to hire a consultant for design and construction administration services related to citywide tree management and improvement projects. Funds for this project are available in Account 13111007 - 471010. PASSED AYES - 9 NOES -0 NO. 59 RETUM ICE SKATING TO HOYT LAKE(DEL)(PW) CCP #26, 10/16 That the above item be the same and here by is Received and Filed ADOPTED NO. 60 DISPOSAL OF OLD EQUIPMENT (ITEM NO. 30, C.C.P., OCT. 16, 2007) That the Commissioner of Police be, and he hereby is authorized to dispose of old, unusable computer and photography equipment as more fully described in the above communication. PASSED AYES - 9 NOES -0 NO. 61 D. FRANCZYK -B. BIDDLECOM-OPERATION SAVE NEW YORK CCP #48, 10/16 That the above item be the same and hereby is Received and Filed ADOPTED NO. 62 DEMOLITION PERMIT FEES - 832 SYCAMORE (ITEM NO. 115, C.C.P., OCTOBER 16, 2007) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Davis moved: That the fees for demolition permits at 832 Sycamore be waived. PASSED AYES — BONIFACIO, FONTANA, FRANCZYK, GOLOMBEK, KEARNS, LOCURTO, RUSSELL, SMITH 8 NOES - DAVIS 1 NO. 63 RESULTS OF NEGOTIATION- 157 LOEPERE November 27 2007 11/27/2007 (ITEM NO. 8, C.C.P., OCT. 2, 2007) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Davis moved: That the offer from Ms. Syeda Choudhury, residing at126 Loepere Street, in the sum of three thousand dollars ($3,000.00) for the purchase of 157 Loepere Street, be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES - 9 NOES -0 NO. 64 RESULTS OF NEGOTIATION - 21 WADE (ITEM NO. 10, C.C.P., OCTOBER 2, 2007) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Davis moved that the above item be recommitted to the Committee on Finance. ADOPTED. NO. 65 PROVIDING SEASONAL EMPLOYEES WITH PROPER EQUIPMENT CCP #122, 6/12 That the above item be the same and hereby is Referred to the Committee on Budget ADOPTED NO. 66 REQ COB PUB WKS DEPT TO STUDY FEASIBILITY OF CHANGING THE CITY'S CURRENT LIGHTING TECHNOLOGY TO LIGHT EMITTING DIODE BULBS CCP #97, 1/23 That the above item be the same and hereby is Received and Filed ADOPTED COMMUNITY DEVELOPMENT (JOSEPH GOLOMBEK JR., CHAIRMAN) NO. 67 M.KEARNS- SOUTH BUFFALO BROWNFIELD OPPORTUNITY AREA STAKEHOLDER INTERVIEW (#40, 11/13) That the Above item be the same and is hereby Received and Filed. ADOPTED NO. 68 Oppose FEMA Plan Including Old 1s` Ward in Floodplain (Exc 1,2,3,4,6,res)( #126, 10/30)( #65 11/13) That the Above item be the same and is hereby Referred to the Special Committee on Waterfront Development. ADOPTED NO. 69 TRANSFER JURISDICTION & USE OF 289 WILLIAM ST FROM COB TO BOE (STRAT PLAN) (# 18 09/04) That the Above item be the same and is hereby Received and Filed. ADOPTED NO. 70 M.KEARNS FLOOD INSURANCE REPORT ( #54 07/10) That the Above item be the same and is hereby Referred to the Special Committee on Waterfront Development. ADOPTED NO. 71 UPDATED DRAFT LOCAL WATERFRONT REVITALIZATION PROGRAM (ITEM NO. 14, C.C.P., OCT. 30 2007) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Golombek moved that the above item be recommitted to the Committee on Community Development. ADOPTED LEGISLATION (RICHARD A. FONTANA, CHAIRMAN) NO. 72 S. GEHL, AGENT, USE 1542 MAIN ST FOR A HSF OFFICES ON 1 ST FLOOR 10 UNITS AFFORDABLE HOUSING (DEL)(NO PUB HRG) November 27 2007 11/27/2007 (CCP #45,11/13) That the above item be the same and is hereby Received and Filed ADOPTED NO. 73 APPT MEMBER -COMM ON CIT RIGHTS AND COMM SVS (MAYOR) (CCP #2,11/13) That the above item be the same and is hereby Received and Filed ADOPTED NO. 74 FOOD STORE LICENSE - 137 MAPLE (ITEM NO. 23, C.C.P., NOV. 13, 2007) That the Commissioner of Economic Development, Permit & Inspections Services be, and he hereby is authorized to deny a Food Store License to Deen Alharbi, located at 137 Maple (City Wide Food Market). DENY AYES - 9 NOES -0 NO. 75 RESTAURANT DANCING CLASS III LICENSE - 1412 KENSINGTON (ITEM NO. 25, C.C.P., NOV. 13, 2007) That pursuant to Chapter 150 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services be, and he hereby is authorized to grant a Restaurant Dancing Class III License to Irene Y. Melson dib /a Cocktails & More located at 1412 Kensington. PASSED AYES - 9 NOES -0 NO. 76 FOOD STORE LICENSE - 279 JEFFERSON (ITEM NO. 40, C.C.P., OCT. 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 Yaser Ahmed located at 279 Jefferson (Buffalo Discount Food Market). PASSED AYES - 9 NOES -0 NO. 77 W. SMITH & O RESIDENTS OF PARK ST BETWEEN VIRGINIA & ALLEN REQUEST ALTERNATE PARKING HOURS TO BE MODIFIED (CCP #43,9/18) That the above item be the same and is hereby Received and Filed ADOPTED NO. 78 FOOD STORE LICENSE- 1305 BROADWAY (ITEM NO. 52, C.C.P., SEPT. 4, 2007) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Fontana moved: That pursuant to Chapter 194 of the City Code, the Commissioner of Economic Development, permit & Inspections Services be, and he hereby is authorized to grant a Food Store License to Turki Alfenen, located at 1305 Broadway. PASSED AYES - 9 NOES -0 NO. 79 ALTERNATE SIDE OF STREET PARKING ON PARK ST (ELL) (CCP# 142,9/04) That the above item be the same and is hereby Received and Filed ADOPTED NO. 80 S. MARCHIONE, OWNER, USE 2022 SENECA ST, FOR AN OUTDOOR PATIO (HRG 7/3 L)(SOUTH) (CCP #98,7/24) That the above item be the same and is hereby Received and Filed ADOPTED NO. 81 LL INTRO# 7- 2007 -AMEND CHARTER IN RELATION TO BUDGET (CCP# 151,7/24) That the above item be the same and is hereby Received and Filed November 27 2007 11/27/2007 ADOPTED NO. 82 M. LOCURTO -K. ZIOLKOWSKI & O- PETITION TO CALM TRAFFIC ON STARIN AVE. (CCP #81,10/30) That the above item be the same and is hereby Received and Filed ADOPTED RESOLUTIONS NO. 83 BY: MR. BONIFACIO CITY OF BUFFALO LOCAL LAW NO. (2007) INTRODUCTORY NO. -- (2007) AMENDING THE CHARTER OF THE CITY OF BUFFALO IN RELATION TO THE COMMON COUNCIL BE IT ENACTED BY THE COMMON COUNCIL OF THE CITY OF BUFFALO AS FOLLOWS: Section 1: That Article 3 of the Charter of the City of Buffalo, adopted pursuant to law, is hereby amended as follows: ARTICLE 3 Common Council § 3 -7. Powers of the Common Council. The common council shall have the power: (a) to enact local laws for any public purpose as may be provided by the constitution and the laws of the state of New York and of the United States of America and to the extent that it has the power to act by ordinance, resolution or rule and regulation. (b) to enact ordinances for any purpose authorized by any general or special law, including without limitation, those purposes set forth in section 2 -1 and section 3 -18 hereof. (c) to adopt resolutions and rules and regulations in the exercise of its functions, powers and duties. (d) to regulate by ordinance the method of exercising by one of the departments created by this act any power conferred upon the city by this charter or any law when the method of exercise is not therein prescribed; if such power be legislative, the common council shall exercise the power. (e) to adopt by the procedures specified within this charter the annual operating budget of the city, the annual capital budget of the city and the four -year capital program of the city. (f) to authorize the borrowing of funds by the city in accordance with article VIII of the constitution of the state of New York and applicable provisions of state law. (g) to impose taxes and special assessments as authorized by any general or special law. (h) to acquire by purchase, gift or eminent domain any interest in real and personal property for any city purpose or as authorized by any general or special law. (i) to acquire by condemnation lands and property and /or easements therein situate without the city of Buffalo as may be necessary for the purposes of water supply and /or sewage disposal and drainage for lands owned by the city and held or used for public purposes, and situate without the city of Buffalo. Q) to dispose of any real or personal property of the city as allowed by any general or special law. (k) to appoint local officers and to confirm appointments of local officers as specified within this charter. (1) to appoint by a two - thirds vote a city clerk, a deputy city clerk, a deputy city clerk of birth records, Chief of Staff and all other staff to the common council as deemed necessary for the proper functioning of the common council, provided that, until January 1, 2006, such other staff to the common council shall be limited in number to 37. (m) to fix the salary and compensation of every officer and employee of the city except as may be otherwise provided by law. (n) to regulate its own proceedings and to adjudge the qualifications of its members. (o) to investigate and inquire into all matters of concern to the city and its inhabitants and to require and enforce by subpoena the attendance of witnesses or the production of documents at such investigations. § 3 -8. Duties of the Common Council. The common council shall have the duty: (a) to convene an organizational meeting on the second day of January in each even numbered year, unless it be Saturday or Sunday, and in such event on the following Monday, for the following purposes: (i) to elect at that time one of its members president of the common council pro tempore to act during the temporary absence or disability of the president of the common council; (ii) to determine the qualifications and responsibilities of the members of the common council staff including the council chief of staff, to define the organizational structure of the common council staff and to define the administrative and supervisory relationship between the staff and the common council. (b) to meet at least every two weeks except during the month of August. (c) to conduct all meetings in public. (d) to designate one or more daily newspapers published in the city for the publication of notices (except as otherwise provided by the local finance law), advertising matters or proceedings as required by this charter or by law or ordinance. The common council in its discretion may make any such publication in the city record now being published by the city under the direction and supervision of the city clerk. Section 2. Insofar as the provisions of this local law are inconsistent with the provisions of any other local law or act, the provisions of this local law shall be controlling. Section 3. This local law shall take effect immediately. NOTE: Matter underlined is new, matter in brackets is to be deleted. LAID ON THE TABLE AYES — BONIFACIO, DAVIS, GOLOMBEK, RUSSELL, SMITH - 5 NOES — FONTANA, FRANCZYK, LOCURTO - 3 November 27 2007 11/27/2007 NO. 84 BY: MR. BONIFACIO COMMON COUNCIL REQUESTS THE WOMEN AND CHILDREN'S HOSPITAL OF BUFFALO AND THE FAA TO ATTEND A SPECIAL MEETING OF THE LEGISLATION COMMITTEE ON THURSDAY, DECEMBER 13, 2007 @ 11:OOAM Whereas: The Women and Children's Hospital of Buffalo ( WCHOB) is a New York State certified emergency trauma center serving all of Western New York; and Whereas: In an effort to further enhance the hospital's ability to provide emergency medical treatment to critically ill patients, WCHOB applied for permission to operate a privately -owned helipad atop its building located at 219 Bryant Street; and Whereas: The request by the Women and Children's hospital of Buffalo was approved after expressed support by the City of Buffalo's Departments of Economic Development/ Inspection Services, Public Works, Fire, Police, and the New York State Department of Transportation, in addition to a SEQRA review of the proposed helipad, agency and expert opinions on the matter, various public comment periods and an on site inspection of the proposed helipad by the FAA; and Whereas: The Common Council had no objection to the helipad provided that certain conditions were met, i.e. public safety, quality of life issues, etc; and Whereas: The Women and Children's Hospital of Buffalo has always maintained an "open door" policy to any individual or group that may have questions or concerns, the Common Council calls upon them, as well as the FAA whom stressed certain guidelines be followed on the helipad, to a special meeting of the legislation committee to discuss this issue; and Now Therefore Be It Resolved: That the Common Council supports the Women and Children's Hospital of Buffalo and their efforts to further enhance emergency medical treatment to Western New York; and Be It Further Resolved: That the Common Council recognizes that some area residents of the Women and Children's Hospital of Buffalo have expressed some concerns regarding the helipad and their "quality of life "; and Be It Finally Resolved: That the Common Council respectfully requests the Women and Children's Hospital of Buffalo and the FAA to attend a Special Meeting of the Legislation Committee on Thursday, December 13, 2007 REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF EDPI NO. 85 BY: MR. DAVIS BUILDING A NEW FOOTBALL STADIUM IN DOWNTOWN BUFFALO Whereas: Recently former Hall of Fame quarterback Jim Kelly who is seeking to form an investors group to purchase the Buffalo Bills raised the idea of building a stadium in downtown Buffalo; and Whereas: The Perry Projects bounded by South Park Avenue, Chicago, Scott and Hamburg Streets would be an ideal location for an NFL stadium given its proximity to downtown, the Outer Harbor, State Thruway and a proposed casino; and Whereas: The Perry Projects are an aging facility in which many structures have already been removed; and Whereas: Any effort to build a stadium at the Perry Projects location will require ensuring that current tenants have input in their relocation to new living quarters; and Now Therefore Be It Resolved That the Buffalo Common Council is interested in starting a dialogue on the idea of building an NFL stadium at the Perry Projects location. Be It Further Resolved That a copy of this Resolution be forwarded to the Buffalo Municipal Housing Authority, the Perry Projects Tenant Council, the Mayor of the City of Buffalo, Ralph Wilson and Jim Kelly to obtain their comments and feedback. ADOPT LAST RESOLVE THE REMAINDER REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF EDPI AND THE OFFICE OF STRATEGIC PLANNING NO. 86 SPONSORS: MR. DAVIS RE: SUPPORT OF ELIGIBILITY OF 432 PEARL STREET AND 267 FRANKLIN STREET IN NYS BROWNFIELD CLEANUP PROGRAM Whereas: 275 -277 Franklin Street were former drycleaners which has spread subsurface contamination throughout neighboring properties located at 267 Franklin Street and 432 Pearl Street; and Whereas: 275 -277 Franklin Street is believed to have been abandoned by prior owners due to environmental contamination; and Whereas: 275 -279 Franklin Street have been admitted into the NYS Brownfield Cleanup Program; and Whereas: 275 and 279 Franklin Street and 432 Pearl Street are undesired surface parking at the current time and 432 Pearl Street has been underdeveloped for over 20 years; and Whereas: Buffalo Development Corp. has an option to acquire all of said properties with the plan to redevelop the same into a downtown hotel which would connect the Theater District and the Delaware Commercial District; and Whereas: The documented environmental conditions present a barrier to the safe and productive use of 267 Franklin Street and 432 Pearl Street; and November 27 2007 11/27/2007 Whereas: The City of Buffalo has an urgent need for the return of contaminated properties to safe and productive reuse so that contamination does not spread further throughout the downtown corridor thus, allowing the city to continue re- establishing a tax base under which it can support itself; and Whereas: Buffalo Development Corp., the prospective redeveloper, has played no roll in the contamination of the parcels and has rather sought to return the parcels to productive reuse; and Whereas: In 2003, New York State past legislation that created the Brownfield Cleanup Program with the direct desired intent of returning properties for redevelopment and impaired with contamination, to productive reuse under NYSDEC. Now, Therefore be it Resolved: That the Buffalo Common Council hereby determines that the proposed remediation and redevelopment of the stated properties is critically important to the City of Buffalo and that converting improperly and underutilized, contaminated land currently blighting the area to productive reuse is extremely critical to the revitalization of the City of Buffalo; and Be it Further Resolved: That this honorable body does hereby support the request of the Brownfield Cleanup Program designating 267 Franklin Street and 432 Pearl Street for entering the New York State's Brownfield Cleanup Program and remediated by the proposed developer under the oversight of NYSDEC; and Be it Further Resolved: That this resolution be sent by certified mail to the Western New York Delegation, Governor Eliot Spitzer, Lieutenant Governor David Patterson, New York State DEC Commissioner Pete Grannis, Assembly Speaker Sheldon Silver, and New York State Senate Majority Leader Joseph Bruno; and Be it Finally Resolved: That this resolution remain in the Community Development Committee until no longer needed. ADOPTED NO. 87 BY: RICHARD FONTANA WATER ELECTRIC TURBINES WHEREAS: Our City is strategically located on the cusp of the Lake Erie & Niagara River; and WHEREAS: These waterways provide our City with great opportunities to advance job creation and wealth in the community; and WHEREAS: The long awaited Peace Bridge project has enormous economic development benefits for our City and region; and WHEREAS: The full extent of these benefits go far beyond transportation related trade issues; and WHEREAS: The location of the current bridge and plaza straddling the mouth of the Niagara River lends itself to the potential for water turbine energy generation; and WHEREAS: This generation of low cost, low pollution energy, along with a good business plan can create new job creation in and around Buffalo's West Side; and WHEREAS: Such generated energy could also be used by the Thruway Authority to lower their cost of doing business resulting in lower tolls at the bridge. and THEREFORE BE IT RESOLVED: That the Common Council proposes that the Peace Bridge Authority look at the possibility of installing water run electric turbines at the Peace Bridge. BE IT FURTHER RESOLVED: That Certified copies of this Resolution be sent to the Peace Bridge Authority, Western New York Federal and State Delegations, and the Mayor of Fort Erie, Canada. ADOPTED NO. 88 BY MR. GOLOMBEK, MR. BONIFACIO OPPOSITION TO PROPOSED SEX OFFENDER HOME AT 31 TONAWANDA STREET Whereas: 31 Tonawanda Street has been proposed as a group home for thirty level 3 registered sex offenders; and Whereas: Level 3 offenders are considered the highest risk level of sex offenders and are required to register as a sex offender for life due to the seriousness of their crime; and Whereas: While the New York State Division of Parole supports the location of a sex offender group home at 31 Tonawanda Street, many community members do not; and Whereas: Locating such a large number of sex offenders at 31 Tonawanda Street is unacceptable to the Black Rock Riverside Good Neighbor Planning Alliance and several Block Club organizations; and Whereas: The proximity of 31 Tonawanda Street to a growing and expanding Buffalo State College, a nearby day care center and a bike path make the location inappropriate for housing high risk registered sex offenders; and Whereas: The Zoning Board of Appeals has the power to grant or deny the sex offender home; and Now Therefore Be It Resolved That the Buffalo Common Council hereby expresses its opposition to the sex offender home being sought for 31 Tonawanda Street and encourages the Zoning Board of Appeals to deny approval of such a facility. Be It Further Resolved That a copy of this adopted Resolution be forwarded to the Zoning Board of Appeals. ADOPTED BY MR. GOLOMBEK NO. 89 (USDA) REPORT THREE POLAR BEARS HAVE DIED AT THE BUFFALO ZOO IN 16 MONTHS; AND November 27 2007 11/27/2007 Whereas: The USDA report also discussed the death of a hyena and injuries to a tiger and to a wolf; and Whereas: Jessica Milteer, an Agriculture Department spokeswoman stated in the Buffalo News that the three polar bear deaths "did raise some suspicion. It is something that we're following up on "; and Now Therefore Be It Resolved That the Buffalo Common Council is very concerned about the incidents and conditions cited in the recent USDA report regarding the Buffalo Zoo. Be It Further Resolved That the Buffalo Common Council hereby requests a response from Zoo President Donna Fernandes regarding the disturbing information raised in the USDA report. Be It Finally Resolved That this item is referred to an appropriate Committee of the Common Council to receive and discuss the report requested from President Fernandes. ADOPT 1 sT & 2 "D RESOLVE THE REMAINDER REFERRED TO THE COMMITTEE ON LEGISLATION NO. 90 BY: COUNCILMEMBER MICHAEL LOCURTO THE JESSE KREGAL PATHWAY WHEREAS: Jesse Kregal, a Buffalo Philharmonic timpanist, a member of the New York State Council of Arts, was named Buffalo's Citizen of the Year in 1980 and was a Founding Director of the Skylon International Marathon; WHEREAS: Jesse Kregal conceived the Scajaquada Pathway in 1980 and headed the community committee that saw the project through completion 27 years later; WHEREAS: The construction required the purchase of many right of ways from property owners along the Scajaquada Pathway, which would serve as a link from Delaware Park to the Niagara River walk; WHEREAS: The work of connecting the Scajaquada Pathway through the industrial flats between Grant and Niagara streets and other rights of way ultimately cost $5 million in New York State funds; WHEREAS: The pathway has led to something very beautiful, opening the historic area, the development of "pocket parks" and having two acres that can be made into many things for the public; WHEREAS: The project would not have become a reality were it not for the passion and perseverance of Jesse Kregal; NOW THEREFORE BE IT RESOLVED: That the Common Council hereby renames the Scajaquada Pathway the Jesse Kregal Pathway in honor of Jessie Kregal's dedication and indefatigable ongoing efforts for over 27 years. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO. 91 BY: MS. RUSSELL BUDGET AND PERSONNEL AMENDMENT 5100 - PARKING ENTERPRISE 14- PARKING 1079 - ADMINISTRATION The Common Council of the City Of Buffalo does ordain as follows: That part of Section 1 of Chapter 35 of the Code of the City of Buffalo, relating to 5100 - 14 - Parking, 1079 - Administration is hereby amended to read with the addition: 1 Director of Parking $65,000 From 51008207 - 470010 BCAR Capital Expenditures $33,000 To 51000791- 411001 $33,000 IT IS HEREBY CERTIFIED, pursuant to Section 3 -19 of the Charter, that the immediate passage of the foregoing ordinance is necessary. That a personnel requisition incident to the creation of the above - mentioned position, containing a statement of the duties for such position, has been filed with the Municipal Civil Service Commission, and said Commission has approved and certified the position title set forth in the foregoing ordinance as being the appropriate Civil Service title for the proposed position JANET PENKSA, COMMISSIONER OF ADMINISTRATION, FINANCE, POLICY AND URBAN AFFAIRS AND DONNA J. ESTRICH, DIRECTOR OF BUDGET, ADMINISTRATION AND FINANCE, hereby certify that the above change is necessary for the proper conduct, administration and performance of essential services of that department. We recommend that the compensation for said position be fixed at the respective amount set forth in the foregoing ordinance. With the Conditions that the funds cannot be taken from the bond expenditures APPROVED AS TO FORM Corporation Counsel 11/7/07 Attachment PASSED AYES - 9 NOES -0 AYES — BONIFACIO, DAVIS, FONTANA, FRANCZYK, GOLOMBEK, KEARNS, LOCURTO, RUSSELL — 8 NOES — SMITH -1 November 27 2007 11/27/2007 NO. 92 BY: MS. RUSSELL BUDGET AND PERSONNEL AMENDMENT 20 - POLICE 1103 - PATROL SERVICES The Common Council of the City Of Buffalo does ordain as follows: That part of Section I of Chapter 35 of the Code of the City of Buffalo, relating to 20 - Police - 1103 - Patrol Services which currently reads: 10 Captain $75,223 Is hereby amended to read: 11 Captain $75,223 IT IS HEREBY CERTIFIED, pursuant to Section 3 -19 of the Charter, that the immediate passage of the foregoing ordinance is necessary. That a personnel requisition incident to the creation of the above - mentioned position, containing a statement of the duties for such position, has been filed with the Municipal Civil Service Commission, and said Commission has approved and certified the position title set forth in the foregoing ordinance as being the appropriate Civil Service title for the proposed position H. MCCARTHY GIPSON, COMMISSIONER OF POLICE AND DONNA J. ESTRICH, DIRECTOR OF BUDGET, ADMINISTRATION AND FINANCE, hereby certify that the above change is necessary for the proper conduct, administration and performance of essential services of that department. We recommend that the compensation for said position be fixed at the respective amount set forth in the foregoing ordinance. APPROVED AS TO FORM PASSED. AYES - 9 NOES -0 NO. 93 BY MRS. RUSSELL EXTENSION OF PARTIAL TAX EXEMPTION AND RENTAL REGULATION FOR A REDEVELOPMENT COMPANY The University Garden Apartments, L.P., is a redevelopment company (the Redevelopment Company) organized pursuant to Article V of the Private Housing Finance Law of the State of New York (the "Law "); and The University Garden Apartments, L.P., is the owner and operator of a 127 unit apartment complex located at 66 Custer Street, Buffalo, New York which is occupied by persons of 55 years age and older who have low to middle income levels (the "Project'); and On July 23, 1996, the Common Council of the City of Buffalo, New York approved a partial real property tax exemption for the Project; and The University Garden Apartments, L.P. is now requesting an extension of such partial tax exemption and the execution of the attached Agreement for Partial Tax Exemption and Rental Regulation for said Redevelopment Company. Now Therefore Be It Resolved: That this Common Council hereby approves the terms of the Agreement placed before this Honorable Body for the Partial Tax Exemption and Rental Regulations for the University Garden Apartments, L.P. Redevelopment Company and that the Mayor of Buffalo is hereby authorized to execute same on behalf of the City of Buffalo. PASSED AYES - 9 NOES -0 NO. 94 BY: MS. RUSSELL SALARY ORDINANCE AMENDMENT 20 - POLICE DEPARTMENT The Common Council of the City of Buffalo does ordain as follows: That Section I of Chapter 35 of the Code of the City of Buffalo, relating to Police Department under the various subheadings relating to positions listed is hereby amended as follows: Note: Old salaries are in brackets This ordinance shall take effect as per the respective date on the attached schedule. APPROVED AS TO FORM Corporation Counsel This ordinance shall be effective July 1, 2007. It is hereby certified, pursuant to Section 3 -19 of the Charter, that the immediate passage of the foregoing ordinance is necessary. We, Byron W. Brown, Mayor, H. McCarthy Gipson, Commissioner of Police, Andrew A. San Filippo, Comptroller and Donna J. Estrich, Director of Budget, Administration and Finance, recommend that the compensation for said positions be fixed at the respective amounts set forth in the foregoing ordinance. Furthermore, we, Byron W. Brown, Mayor and Andrew A. San Filippo, Comptroller, pursuant of Section 24 -15 of the Charter of the City of Buffalo, hereby certify that contingent upon prior or concurrent action to provide and authorize funding thereof, the interests of the City will be subserved by the increase in compensation provided for the positions set forth in the foregoing ordinance. PASSED AYES - 9 NOES -0 BY: MS. RUSSELL NO. 95 SALARY AND WAGE SCHEDULE "K" JULY 1, 2007 - JUNE 30, 2010 November 27 2007 11/27/2007 The Common Council of the City of Buffalo does ordain as follows: That part of Subdivision (A) of § 3 5 -9 of Chapter 3 5 of the Code of the City of Buffalo, relating to Salary and Wage Schedule "K ", Buffalo Crossing Guards, is hereby amended to read as follows: This ordinance shall take effect as per the respective date on the attached schedule. See attached Schedule "K" APPROVED AS TO FORM We, Byron W. Brown, Mayor and Andrew A. SanFilippo, Comptroller, pursuant of Section 24 -15 of the Charter of the City of Buffalo, hereby certify that contingent upon prior or concurrent action to provide and authorize funding thereof, the interests of the City will be subserved by the increase in compensation provided for the positions set forth in the foregoing ordinance. PASSED AYES - 9 NOES -0 NO. 96 BY MR. SMITH FELICITATIONS /IN MEMORIAM Attached hereto are Felicitation and In Memoriam Resolutions sponsored by Members of the Common Council as indicated: Johnson Park Day By Councilmember Davis, Chwalinski CAO St Agatha's Head Start Center By Councilmember Davis. Kearns, Chwalinski ADOPTED NO. 97 BY: DEMONE A SMITH APPOINTMENTS COMMISSIONER OF DEEDS That the following persons are hereby appointed as Commissioner of Deeds for the term ending December 31, 2008, conditional, upon the person so appointed certifying under oath to their qualifications and filing same with the City Clerk: Cheryl Kostrewa, Rosemary Mathieson Total: 2 ADOPTED NO. 98 BY: DEMONE A SMITH APPOINTMENTS COMMISSIONERS OF DEEDS REQUIRED FOR THE PROPER PERFORMANCE OF PUBLIC DUTIES That the following persons are hereby appointed as Commissioner of Deeds for The term ending December 31,2008, conditional upon the persons so appointed certifying under oath to their qualifications and filing same with the City of Buffalo Robert Koch Walter Halady Sylvia O'Neal Diana Johnstone Marc Flynn Lisa Jenkins Suzanne Hakes TOTAL7 ADOPTED NO. 99 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, Dec 4, 2007 at 9:45 o'clock A.M. Committee on Finance following Civil Service Tuesday, Dec 4, 2007 at 10:00 o'clock A.M. Committee on Comm. Dev. Tuesday, Dec 4, 2007 at 1:00 o'clock P.M. Committee on Legislation Tuesday, Dec 4, 2007 at 2:00 o'clock P.M. Committee on Claims Wednesday, Dec 5, 2007 at 11:00 o'clock AM Special Committees Special Committee on Budget Wednesday, Nov 28, 2007 at 10.00 o'clock Am Special Committee on Budget Wednesday, Nov 28, 2007 at 1:00 o'clock PM Special Committee on Education Wednesday, Dec 5, 2007 at 2:00 o'clock PM (Public Disclaimer): All meetings are subject to change and cancellation by the respective Chairmen of Council Committees. In the event that there is sufficient time given for notification, it will be provided. In addition, there may be meetings set up whereby the City Clerk's Office is not made aware: therefore, unless we receive notice from the respective Chairmen, we can only make notification of what we are made aware. NO. 100 ADJOURNMENT On a motion by Mr. Bonifacio, Seconded by Mr. Golombek, the Council adjourned at 3:00 pm GERALD CHWALINSKI CITY CLERK November 27 2007