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Home My WebLink About07-1226 (2)No. 24 COMMON COUNCIL PROCEEDINGS OF THE CITY OF BUFFALO December 26, 2007 MAYOR Hon. Byron W. Brown COMPTROLLER Andrew Sanfilippo COMMON COUNCIL PRESIDENT OF THE COUNCIL FILLMORE DISTRICT David A. Franczyk PRESIDENT PRO TEMPORE UNIVERSITY DISTRICT Bonnie E. Russell MAJORITY LEADER NIAGARA DISTRICT DOMINIC J. BONIFACIO JR DISTRICT COUNCIL MEMBERS BRIAN C. DAVIS - ELLICOTT RICHARD A. FONTANA - LOVEJOY DEMONE A. SMITH - MASTEN MICHAEL J. LO CURTO - DELAWARE JOSEPH GOLOMBEKJR. - NORTH MICHAEL P. KEARNS - SOUTH REGULAR COMMITTEES CIVIL SERVICE COMMITTEE: Bonnie E. Russell Chairman, Brian C. Davis, Richard A. Fontana, Michael J. LoCurto - Members CLAIMS COMMITTEE: Michael Kearns Chairman, Dominic J. Bonifacio Jr., Richard A. Fontana, Joseph Golombek, Jr.,- Members COMMUNITY DEVELOPMENT COMMITTEE: Joseph Golombek, Jr. Chairman, Richard A. Fontana, Michael J. LoCurto, Bonnie E. Russell, Demone Smith - Members FINANCE COMMITTEE: Brian C. Davis, Chairman, Dominic J. Bonifacio, Jr., Michael Kearns, Michael J. LoCurto, Bonnie E. Russell - Members. LEGISLATION COMMITTEE: Richard A. Fontana, Chairman, Dominic J. Bonifacio Jr., Joseph J. Golomberk Jr., Michael P. Kearns, Bonnie E. Russell - Members RULES COMMITTEE: David A. Franczyk, Chairman, Dominic J. Bonifacio Jr., Bonnie E. Russell - Members E" jxd /e1 W9161 kh hh111 i94 *1 BUDGET COMMITTEE: Dominic J. Bonifacio, Jr., Chairman, Brian C. Davis, Richard A Fontana, Joseph Golombek, Jr. Bonnie E. Russell - Members MINORITY BUSINESS ENTERPRISE COMMITTEE - ,Demone Smith Chairman Brian C. Davis, Richard A. Fontana, Bonnie E. Russell Members EDUCATION COMMITTEE ;Demone Smith Chairman, Michael P. Kearns, Bonnie E. Russell Members WATERFRONT DEVELOPMENT COMMITTEE — MICHAEL P. KEARNS, CHAIRMAN, BRIAN C. DAVIS, RICHARD A. COMMON COUNCIL CITY HALL - BUFFALO WEDNESDAY, DECEMBER 26, 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 CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO WEDNESDAY, DECEMBER 26, 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 December 11, 2007 were approved. CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL – BUFFALO WEDNESDAY, DECEMBER 26, 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 On a motion by Mr. Bonifacio, Seconded by Mr. Fontana, the minutes of the stated meeting held on December 11, 2007 were approved. INVOCATION - PLEDGE TO FLAG — FINAL "December 26, 2007 "' MAYOR MAYOR – EXECUTIVE 1. Board of Parking- Management and Oper. Agreement with BCAR APP 2. Strat Plan - Results of Neg 625 Sherman(Ell) APP 3. Strat Plan - Results Real Estate Auction September 22, 2007 FIN COMPTROLLER 4. Cert of Nec -Inc Approp. Fund Balance Law Dept- Judgment & Claims Prior Yr R& 5- 4A. Cert of Nec- Transfer of Funds $1,750,000 R &F 6- 4B. Cert of Nec- Transfer of Funds Common Council City Clerk R &F PUBLIC WORKS 7- 5. Notification Serial #10181,82,10195,96(Waive 45 Days) R &F 8- 6. Apollo Media Center(ccp #9,12/26/06) APP 9- 7. Block Grant Fund Transfer Street Lighting (Nia) APP 10- 8. Change in Contract Amstar of WNY,Inc. (Univ) APP 11- 9. Change in Contract Auto Impound Emerg. Roof Reconst(North) APP 12 -10. Change in Contract Erie Canal Harbor Sts. North America Constr Inc.(EII) APP 13 -11. Change in Contract Fire Headquarters Med. Serv. Training Ctr. Window Reconstr(EII) APP 14 -12. Change in Contract Franczyk Park Site Remediation (Fill) APP 15 -13. Change in Contract MAP Demolition 382 Massachusetts Ave(Nia) APP 16 -14. Change in Contract Scajaquada Pathway Phase 3 Donald Braasch Consrt Inc.(North) APP 17 -15. Emergency Reconstruction University Ave. Stone Wall APP 18 -16. Permission to Enter Into an Agreement with Benchmark Eng & Enviro. Science -Squaw Is. Post Closure Monitoring & Maint. Sery APP 19 -17. Permission to Hire Consultant - Fuhrmann Blvd -Road Improvements APP POLICE 20 -18. Drug Asset Forfeiture Annual Cert. Report & Audit Year Ending June 30, 2007 R &F 21 -19. Appt Captain -(Cont Perm)(Shea) CS 22 -20. Appt Chief- (Prov)(Strobele) CS PERMITS & INSPECTIONS 23 -21. Food Store License -1358 Broadway(Fill) LEG 24 -22. Food Store License -294 Vermont (Nia) APP 25 -23. Restaurant Dance License(Renewal)1104 Elmwood(North) LEG 26 -23A. Restaurant Dance Class IV -1239 Niagara (Nia) APP 27 -24. Sidewalk Cafe License -88 Chippewa West(Ell) APP ADMINISTRATION AND FINANCE 28 -25. Change in Chapter 307 Parking & Parking Lots Sch. of Fines and Penalties R &F 29 -26. Waiver of Performance Bond APP CITY CLERK 30 -27. Notice of Intention - Dedication and Street Naming of Jesse Kregal Parkway(Hrg 1/8/08) CD 31 -28. Liquor License Applications R &F 32 -29. Leaves of Absence R &F 33 -30. Report of Attendance R &F 34 -31. Notices of Appointments - Seasonal R &F 35 -32. Notices of Appointments - Temp. /Prov. /Perm. CS MISCELLANEOUS 36 -33. B. Davis -Tom Nichols- Concerns Climate Change Crisis CD 37 -34. B. Davis - Bishop R. Sanders - Opposition to Human Service Facility R &F 38 -35. D. Dihann -Req Help With Staging A Unity /Cultural Festival R &F 39 -36. J. Golombek- Empire Zone Boundary Revision Process & Policy R &F 40 -37. K. Lillis, MD- Statistics Helicopter Transports to WCHOB R &F 41 -38. D. Lokey- Adams - Monthly Reports for November 2007 —Legal Aide Bureau R &F PETITIONS 42 -39. D.Cooper, Owner, Use 427 Elmwood Re- establish and Re- configure Restaurant Space (Nia)(Pub Hrg 1/3/08) LEG,CPBD 43 -40. B.Bernatovicz,Agent, Erect Ground Sign 285 Delaware (EII)(No Pub Hrg) LEG,CPBD RESOLUTIONS 83 -41. Bonifacio Ordinance Amendment Chapter 307, Parking & Parking Lots APP 84 -42. Davis Inc Approp Fund Balance Prior Year's Claims APP 85 -42A. Davis Transfer of Funds $1,750,000 APP 86 -42B. Davis Transfer of Funds - Common Council- City Clerk APP 87 -43. Davis Increase Dock Slip Rental Fees ADOPT 1 RES, FIN,PW 88 -44. Davis Permission to Hang a Banner on Niagara Sq, Delaware Ave, Franklin St & Pearl St. APP 89 -45. Fontana Transfer of 1177 E. Lovejoy ADOPT LAST RES,REM FIN 90 -46. Golombek,etc Naming of New Court House "Lt Colonel Matt Urban Courthouse" ADOPT 1 & 2 "� RES,REM LEG 91 -47. Russell Budget & Personnel Amend ment(Comptroller) APP 92 -48. Smith Commissioner of Deeds ADOPT TABLE ITEMS 93. Res 83 Nov 27 LL Intro No 9 Amending the Charter in Relation to the CC R &F 94. Com 24 Dec 11 Request Response If Local Law Intro #9 Needing Referendum R &F 95. Com 39 Dec 11 LL Intro No 9 Amending Charter in Relation to CC R &F CIVIL SERVICE 44- 1. Com 17 Dec 11 Appt Senior Planner Prov (3 Step) (Brozek)(Strat Plan) APP 45 -2. Com 65 Dec 11 Notices of Appointments- Temp /Prov /Perm(Cty Clk) FINANCE 46-3. Res 124 Dec 11 App to Transfer Title Sycamore Vlg Sub From BURA to Bflo New Urbanism(hrg 12/26) APP 47-4. Com 13 Dec 11 Renew Lease Agree Between COB and the EC Library for Use of Various City Owned Buildings(Strat Plan) APP 48-5. Com 19 Dec 11 Cert of Nec -Inc Approp Strat Plan $4,638,250(Compt) R &F 49- 6. Com 28 Dec 11 Conveyance of Mem Aud to Erie Canal Harbor Dev Corp(PW) APP 50-7. Com 35 Dec 11 Mem of Agree /Law Enforc Sery Bflo Creek Casino(Pol) APP 51- 8. Com 40 Dec 11 Operation and Mngt Agreement BCAR(CC) R &F 52-9. No 76 Dec 11 B. Shifeling- Intentions for 1042 Ellicott St(Ell) R &F 53 -10. No 77 Dec 11 D. Smith - Article- Economic Impact of Mortgage Defaults R &F 54 -11. Res 127 Dec 11 Inc Approp Strat Plan $4,638,250 APP 55 -12. Res 143 Dec 11 Friends to the Elderly Lease Agreement RECOMMIT 56 -13. No 42 Nov 13 D. Smith -J. Jackson, Request Approval to Sublet Portion of 118 East Utica to Lakeshore Behavorial Health Inc R &F 57 -14. Com 6 Oct 2 Results Neg 1042 Ellicott (Ell)( Strat Plan APP 58 -15. Com 104 July 24 Buffalo Civic Auto Ramps, Inc. 1 st and 2" RFP (Bd of Pkg)( #1,7/10) R &F 59 -16. Com 105 July 24 Buffalo Civic Auto Ramps, Inc - Management Agreement(Bd of Pkg)( #2,7/10) R &F 60 -17. No 60 Oct 2 D. Bonifacio -K. Helfer BCAR Audited Financial Statements 2006 -2007 R &F COMMUNITY DEVELOPMENT 61 -18. Res 133 Dec 11 Support and Concur in the COB Application for Redesignation Certain Areas Within COB Empire Zone(Zone #38) APP 62 -19. Res 134 Dec 11 Support and Concur in the COB Application for Redesignation Certain Areas Within COB Empire Zone(Zone #74) APP 63 -20. Res 135 Dec 11 LL Intro No 10 -Amend Article Six of the Charter of the COB Authorizing the Bflo CC to Make Appl for Re- Designation of Certain Areas W /in COB as Empire Zone( #38) APP 64 -21. Res 136 Dec 11 LL Intro No 11 -Amend Article Six of the Charter of the COB Authorizing the Bflo CC to Make Appl for Re- Designation of Certain Areas W /in COB as Empire Zone( #74) APP 65 -22. Com 43 Dec 11 Buffalo Marinetime Museum /Lake Erie Schooner Proj(EDPI) R &F 66 -23. Com 50 Dec 11 Promoting Small Business(EDPI) R &F 67 -24. Com 60 Dec 11 Common Council- Negative Declaration -1413 City Hall Empire Zones #38 and # 74 R &F 68 -25. No 71 Dec 11 M. Kearns -M. Gallivan- Concerns Marine Drive Apartments WFRONT 69 -26. No 106 Dec 11 Results Neg -401 Busti- (Strat Plan)( #6,5/29)( #105,6/12)( #115,6/26) FIN 70 -27. Res 116 Oct 16 Making the Empire Zone Proq Work for Bflo & Other Upstate Communities (Exc 1 Res) R &F 71 -28. No 71 Nov 27 Updated Draft LWRP ( Strat Plan)(# 14,10/30) RECOMMIT LEGISLATION 72 -29. No 79 Dec 11 J. Allen, Agent, Use 625 Abbott Rd for an Illuminated Ground Sign(No Pub Hrg)(South) APP 73 -30. No 80 Dec 11 M. Beck, Agent, Use 131 Mulberry, Erect a 2 Story Frame HSF (No Pub Hrg)(EII) R &F 74 -31. Com 53 Dec 11 Second Hand Dealer -1929 South Park (South)(EDPI) RECOMMIT 75 -32. Res 123 Dec 11 Req EC Lib Bd to Restore Library Services(Exec Last Res) R &F 76 -33. Com 21 Nov 27 Lodging House Agent License(EDPI) R &F 77 -34. Res 84 Nov 27 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 R &F 78 -35. Com 24 Nov 13 Lodging House Agent License(EDPI) R &F 79 -36. No 32 Nov 13 B. Davis -West Village Renaissance Group Rebuttel to DPW Report on Traffic Redirection for W Chippewa(Ell) R &F 80 -37. Com 22 Oct 16 Change Portion of St From Eastbound to Westbound - Potomac Ave(Nia)(PW) R &F 81 -38. No 96 July 24 B. Yuhnke -Req Color Code Added to Chapter 437 -6 Taxi Cabs & Liveries R &F 82 -39. Com 29 July 10 Restaurant Dance License Renewal 75 Chippewa West (EII)(EDPI) RECOMMIT FROM THE MAYOR - EXECUTIVE DEPARTMENTFROM THE BOARD OF PARKING NO. 1 MANAGEMENT AND OPERATION AGREEMENT WITH BUFFALO CIVIC AUTO RAMPS, INC. After extensive negotiations between the Board of Parking and Buffalo Civic Auto Ramps, Inc ( "BCAR "), on December 19, 2007, the Board of Parking held its monthly meeting, at which the proposed Management and Operation Agreement with BCAR was unanimously approved. This Board has also unanimously voted to exercise the first renewal option under the Agreement, extending the term of the Agreement to June 30, 2009. The Management and Operation Agreement along with the Extension Agreement are submitted herewith for your approval. Mr. Bonifacio moved: That the above communication from the Board of Parking dated December 20, 2007, be received and filed; and That the Mayor be, and he hereby is authorized to renew the Management and Operation Agreement with Buffalo Civic Auto Ramps, Inc., extending the term of the Agreement to June 30, 2009. COPY AVAILABLE IN THE CITY CLERKS OFFICE FOR REVIEW APPROVED AS AMENDED PASSED AYES - 9 NOES -0 FROM THE OFFICE OF STRATEGIC PLANNING NO. 2 RESULTS OF NEGOTIATIONS 626 SHERMAN The Office of Strategic Planning, Division of Real Estate has received a request to purchase 625 Sherman Street from Mr. Bobby D. Lee, 623 Sherman Street, Buffalo New York 14212. Mr. Lee owns and resides at 623 Sherman Street, which is adjacent to 625 Sherman Street. He intends to use the vacant lot for additional green space. The Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations taxes or other liens owed to the City of Buffalo by the purchaser. The Division of Real Estate has investigated the sale of similar lots in the subject area. Sales range from Thirty Cents ($.30) to Fifty - Seven Cents ($.57), per square foot. The results of our negotiations are that Mr. Lee has agreed and is prepared to pay One Thousand Eight Hundred Dollars ($1,800), Forty Two Cents ($.42) per square foot for the subject property. Mr. Lee has also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 625 Sherman Street in the amount of One Thousand Eight Hundred Dollars ($1,800). 1 am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. Mr. Bonifacio moved That the Office of Strategic Planning is Authorized to execute the documents necessary to transfer 625 Sherman Street to Mr. Bobby D. Lee in exchange for $1,800. PASSED AYES - 9 NOES -0 NO. 3 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 -four bidders (24) 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 -fur (24) properties to the bidders listed in accordance with the terms and conditions of the sale. COPY AVAILABLE IN THE CITY CLERKS OFFICE FOR REVIEW REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT FROM THE COMPTROLLER NO. 4 CERTIFICATE OF NECESSITY INCREASED APPROPRIATION FUND BALANCE LAW DEPT — JUDGMENT AND CLAIMS — PRIOR YEAR We, Byron W. Brown, Mayor and Andrew A. SanFilippo, Comptroller, do hereby certify, pursuant to §20 -11 of the Charter, that an increase in the sum of $7,200,000 in the estimates for the fiscal year beginning July 1, 2007 is necessary in Appropriation Allotments - Law Dept - Judgment and Claims - Prior Year, to meet a contingency which could not have been reasonably foreseen when the budget was adopted. The amount of increased appropriation will be met from 10000000 - 253000 Unreserved Fund Balance, not otherwise appropriated for any other purpose. The details of the requirements are set forth below: FROM: 10000000 - 253000 - General Fund - To Unreserved Fund Balance $7,200,000 TO: 10546006- 480205 - Law Department - Judgment and Claims- Prior Year 2 $7,200,000 Dated: Buffalo, NY, November 28, 2007 RECEIVED AND FILED No. 5 CERTIFICATE OF NECESSITY TRANSFER OF FUNDS We, Byron W. Brown, Mayor and Andrew A. SanFilippo, Comptroller, do hereby certify, pursuant to Section §20 -12 of the Charter, that it is necessary that the sum of $1,750,000 be transferred and reappropriated as set forth below: From: 17422008 487202 RAN Interest $1,750,000 To: 17221008 180205 Prior Year Claims $1,750,000 RECEIVED AND FILED No. 6 CERTIFICATE OF NECESSITY TRANSFER OF FUNDS COMMON COUNCIL — LEGISLATIVE CITY CLERK We, Byron W. Brown, Mayor and Andrew A. SanFilippo, Comptroller, do hereby certify, pursuant to §20 -12 of the Charter, that it is necessary that the sum of $10,000 be transferred and reappropriated from Common Council Legislative, as set forth below: From: Common Council Legislative 10102001 - 412002 Hourly Salary $10,000 To: City Clerk 10220006 - 434000 Other Contractual Services $10,000 Dated: Buffalo, NY, December 18, 2007 RECEIVED AND FILED FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO. 7 NOTIFICAITON SERIAL #10181 PARKING METERS — REPEAL ONELLICOTT STREET, EAST SIDE BETWEEN A POINT 149 FEET SOUTH OF THE SOUTH CURB OF EAST TUPPER STREET AND A POINT 118 FEET SOUTH THEREFROM ( ELLICOTT DISTRICT) PARKING METERS - 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 3 Section 33 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following : PARKING METERS HIGHWAY LOCATION PORTION OF HIGHWAY Ellicott Street, east side between a point 149 feet south of the south curb of East Tupper Street And a point 118 feet south therefrom This action is being taken to insure the safe ingress and egress of delivery trucks at Frey's Warehouse at this location, and will not adversely affect on street parking in this area. (see next serial) NOTIFICATION SERIAL #10182 INSTALL NO PARKING ON ELLICOTT STREET, EAST SIDE BETWEEN A POINT 149 FEET SOUTH OF THE SOUTH CURB OF EAST TUPPER STREET AND A POINT 118 FEET SOUTH THEREFROM ( ELLICOTT DISTRICT) NO PARKING - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 24 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: NO PARKING PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD Ellicott Street, east side At all times between a point 149 feet south of the south curb of East Tupper Street and a point 118 feet south therefrom This action is being taken to insure the safe ingress and egress of delivery trucks at Frey's Warehouse at this location, and will not adversely affect on street parking in this area. (see previous serial) NOTIFICATION SERIAL #10195 METERED PARKING — REPEAL ON WASHINGTON STREET, EAST SIDE BETWEEN A POINT 124 FEEET NORTH OF THE NORTH CURB OF ST. MICHAELS PLACE AND A POINT 74 FEET NORTH THEREFROM (ELLICOTT DISTRICT) 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 25 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: METERED PARKING METERED PARKING LOCATION PERIOD OF METERED PKG RATE OF METERED PKG Washington Street, east side Between a point 124 feet north of the North curb of St. Michaels Place And a point 74 feet north therefrom This action is being taken to provide r 10 hour parking Rate D 7 a.m. to 5 p.m. $2.00 per day Monday — Friday nore on- street parking turnover for area businesses. NOTIFICATION SERIAL #10196 INSTALL METERED PARKING ON WASHINGTON STREET, EAST SIDE BETWEEN A POINT 124 FEET NORTH OF THE NORTH CURB OF ST. MICHAELS PLACE AND A POINT 74 FEET NORTH THEREFROM (ELLICOTT DISTRICT) METERED PARKING — 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 25 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: METERED PARKING METERED PARKING LOCATION PERIOD OF METERED PKG RATE OF METERED PKG Washington Street, east side 2 hour maximum Rate B Between a point 124 feet north of the 8 a.m. to 5 p.m. $.50 per hour North curb of St. Michaels Place Monday — Friday And a point 74 feet north therefrom This action is being taken to provide more on- street parking turnover for area businesses. WAIVE 45 DAYS RECEIVED AND FILED No. 8 APOLLO MEDIA CENTER C.C.P. COM 9 DEC. 26,2006- APOLLOL MEDIA EMPLOYEES - AGREEMENT WITH WELLNESS INSTITUTE Your Honorable Body is hereby requested to extend the current agreement with the Wellness Institute of Greater Buffalo & Western New York and this Department for the administration of the Apollo Media Center until July 1, 2008. The incorporation documents for the Apollo Media Foundation, Inc. have been completed, but we are still awaiting formal incorporation from the New York State Department of State and the 501(c)(3) designation from the Internal Revenue Service. In order to insure uninterrupted operation of the Center, the Department of Public Works hereby requests that your Honorable Body approve the extension of the current agreement until we have obtained the requisite approvals to proceed with the foundation, which we anticipate will be achieved in the next few months. Mr. Bonifacio moved: That the above communication from the Acting Commissioner of Public Works, Parks and Streets dated December 20, 2007, be received and filed; and That the Acting Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to extend the current agreement with the Wellness Institute of Greater Buffalo & Western New York for the administration of the Apollo Media Center expiring on July 1, 2008. PASSED AYES - 9 NOES — 0 NO. 9 BLOCK GRANT FUND TRANSFER STREET LIGHTING (NIAGARA) I hereby request that Your Honorable Body authorize a transfer of CDBG Funds in the amount of $40,000.00 from CDBG Account #33 -50203 to our Capital Account #13116006-443100 for partial funding of new street lights in Niagara District Neighborhoods. Mr. Bonifacio moved: That the above communication from the Acting Commissioner of Public Works, Parks and Streets dated December 18, 2007, be received and filed; and That the Comptroller be, and he hereby is authorized to transfer CDBG Funds in the amount of $40,000.00 from CDBG Account #33 -50203 to Capital Account #13116006-443100 for partial funding of new street lights in Niagara District Neighborhoods. PASSED AYES - 9 NOES — 0 NO. 10 CHANGE IN CONTRACT AMSTAR OF WNY, IN.0 (UNIVERSITY) I hereby submit to Your Honorable Body the following change order for this contract. This change order is for the final adjustment of unit quantities as shown below. Item Bid Final Contract No. Description Units Units Unit Price Adjustments 16 Add. welding, prep. & other associated work 300 547.53 $85.00 $21,040.00 17 Removal of welds, prep., reweld 1800 2455.08 $40.00 $26,203.00 18 replacement of steel roof panels 100 81 $250.00 ($4,750.00) 19 New hatch -cover assembly at Ken. Tank 1 0 $23,500.00 ($23,500.00) Final Contract Adjustment= $18,993.00 ContractAmount: $1,254,750.00 This Change Order: $ 18,993.00 Total Contract $1,273,743.00 1 respectfully certify that this change order is fair and equitable for the work involved, and respectfully request that Your Honorable Body approve the subject change order and authorize the Commissioner of Public Works, Parks & Streets to issue said change order to Amstar of WNY, Inc. for $18,993.00. The funds are available in a Division of Water Account 53210726 445100. Mr. Bonifacio moved: That the above communication from the Acting Commissioner of Public Works, Parks and Streets dated December 19, 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 Amstar of WNY, Inc., an increase in the amount of $18,993.00, as more fully described in the above communication, for work relating to Contract #92011068. Funds for this project are available in Division of Water account 53210726 445100. PASSED AYES - 9 NOES -0 NO. 11 CHANGE IN CONTRACT AUTO IMPOUND EMERGENCY ROOF RECONSTRUCTION (NORTH DISCTRICT) I hereby submit to Your Honorable Body the following changes for the Auto Impound, Emergency Roof Reconstruction, Jos. A. Sanders & Sons. 1. Provide and install walls in flat roof areas due to water Add $1,292.00 damage. The foregoing change results in a net increase in the contract of One Thousand Two Hundred Ninety Two and 00/100 Dollars ($1,292.00) Summary: Current Contract Amount $121,358.00 Amount of This Change Order( #1) Add $ 1,292.00 Revised Contract Amount $122,650.00 Cost have been reviewed by the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in 36321206 445100 — Division of Buildings Mr. Bonifacio moved: That the above communication from the Acting Commissioner of Public Works, Parks and Streets dated December 12, 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 Jos. A. Sanders & Sons, an increase in the amount of $1,292.00, as more fully described in the above communication, for work relating to Job No. 0745, Emergency Roof Reconstruction. Funds for this project are available in 36321206 445100 Division of Buildings. PASSED AYES - 9 NOES — 0 NO. 12 CHANGE IN CONTRACT ERIE CANAL HARBOR STREETS NORTH AMERICA CONSTRUCTION INC. (CCP #18,4/4/06) (ELLICOTT DISTRICT) I hereby submit to your Honorable Body the following changes related to the City contract with North America construction Inc. for Erie Canal Harbor Streets -Phase I project. The additional cost of $ 59,276.97 are for the following items for unforeseen field conditions which encountered during construction operation and are necessary to complete the project. 1- Cleaning and palletization of Cobblestone pavers for Phase II $43,774.83 2- Removal of Existing concrete foundation $ 7,344.15 3- Museum roof drain connection $ 8,157.99 Current Contract Amount $827,582.58 Increase in Contract $ 59,276.97 Revised Contract Amount $886,959.55 Mr. Bonifacio moved: The additional costs have been reviewed by our Department and were found to be fair and equitable for the additional work involved. I respectfully recommend that your Honorable Body approve the subject change order. This project is funded by the FHWA, NYSDOT and City of Buffalo as part of the local Transportation Improvement Program and the City of Buffalo's share of costs is 5 %. Funds for this work are available in our Capital project accounts #31580006 - 445100 That the above communication from the Acting Commissioner of Public Works, Parks and Streets dated December 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 North America Construction Inc., an increase in the amount of $59,276.97, as more fully described in the above communication, for work relating to Erie Canal Harbor Streets - Phase I Project. Funds for this project are available in Capital project accounts #31580006- 445100 PASSED AYES - 9 NOES -0 NO. 13 CHANGE IN CONTRACT FIRE HEADQUARTERS MEDICAL SERVICES TRAINING CENTER WINDOW RECONTRUCTION (ELLICOTT DISTRICT) I hereby submit to Your Honorable Body the following changes for Fire Headquarters, Medical Services Training Center, Window Reconstruction, Miller Enterprises, C #93000022. 1. Trim interior of the 14 new windows using select grade 1 Add $ 6,832.00 material as needed. The foregoing change results in a net increase in the contract of Six Thousand Eight Hundred Thirty Two and 00/100 Dollars ($6,832.00). Summary: Current Contract Amount $59,134.00 Amount of This Change Order ( #2) Add $ 6,832.00 Revised Contract Amount $65,966.00 Costs have been reviewed by the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in 39320406 445100 - Division of Buildings. Mr. Bonifacio moved: That the above communication from the Acting Commissioner of Public Works, Parks and Streets dated December 12, 2007, be received and filed; and That the Acting Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue change order No. 2, an increase in the amount of $6,832.00, as more fully described in the above communication, for work relating to Fire Headquarters - Medical Services Training Center, Window Reconstruction, Job #0715. Funds for this project are available in 39320406 445100 Division of Buildings. PASSED AYES - 9 NOES — 0 NO. 14 CHANGE IN CONTRACT FRANCZYK PARK SITE REMEDIATION (FILLMORE DISTRICT) I hereby submit to Your Honorable Body the following changes for Franczyk Park, Site Remediation, TVGA Consultants, C #92010761. 1. Sample subsurface soil in the back lawn area of the T J Dulski Center Add $1,668.00 The foregoing change results in a net increase in the contract of One Thousand Six Hundred Sixty Eight and 00/100 Dollars ($1,668.00). Summary: Current Contract Amount $456,763.00 Amount of This change Order ( #5) Add $ 1,668.00 Revised Contract Amount $458,431.00 Costs have been reviewed by the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in 38310206 445100 - Division of Buildings. Mr. Bonifacio moved: That the above communication from the Acting Commissioner of Public Works, Parks and Streets dated December 14, 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. 5, to TVGA Consultants, an increase in the amount of $1,668.00, as more fully described in the above communication, for work relating to Franczyk Park, Site Remediation, C #92010761. Funds for this project are available in 38310206 445100 Division of Buildings. PASSED AYES - 9 NOES -0 NO. 15 CHANGE IN CONTRACT MAP DEMOLITION 382 MASSACHUSETTS AVENUE NIAGARA DISTRICT I hereby submit to Your Honorable Body the following changes for the MAP Demolition, 382 Massachusetts Avenue, Cambria Contracting, Inc., C #93000061. 1. Furnish and install all work required to complete the additional removal of a 4" water line at the rear of the project property previously used to supply the old swimming pool. The foregoing change results in a net increase in the contract of Five Thousand Four Hundred Five and 00/100 Dollars ($5,405.00). Summary Current Contract Amount $91,500.00 Amount of This Change Order ( #1)Add $5,405.00 Revised Contract Amount $96,905.00 Costs have been reviewed by the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in 39920506 445100 - Division of Buildings. Mr. Bonifacio moved: That the above communication from the Acting Commissioner of Public Works, Parks and Streets dated December 13, 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 for MAP Demolition to Cambria Contracting, Inc., an increase in the amount of $5,405.00, as more fully described in the above communication, for work relating to 382 Massachusetts Avenue, C #93000061. Funds for this project are available in 39920506 445100 Division of Buildings. PASSED AYES - 9 NOES -0 NO. 16 CHANGE IN CONTRACT SCAJAQUADA PATHWAY PHASE -3 DONALD BRAASCH CONSTRUCTION, INC. NORTH DISTRICT (ITEM NO.16, C.C.P. 6/8/2003) 1 hereby submit to Your Honorable Body the following changes related to the City contract with Donald Braasch construction, Inc. for Scajaquada Pathway project. 1 Electrical Conduit Relocation $11,358.00 2 Additional Concrete Retaining Wall $10,655.72 3 Sheet Pile Removal $7,165.04 Current Contract Amount $1,351,350.00 Increase in Contract $29,178.76 Revised Contract Amount $1,380,528.75 The additional cost of $ 29,178.76 is for unforeseen field conditions, which encountered during construction operation and are necessary to complete the project. The additional costs have been reviewed by our Department and were found to be fair and equitable for the additional work involved. I respectfully recommend that your Honorable Body approve the subject change order. This project is funded by the FHWA, NYSDOT and City of Buffalo as part of the local Transportation Improvement Program and the City of Buffalo's share of costs is 5 %. Funds for this work are available in our Capital project accounts #31356306- 445500. Mr. Bonifacio moved: That the above communication from the Acting Commissioner of Public Works, Parks and Streets dated December 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 Donald Braasch Construction, Inc., an increase in the amount of $29,178.76, as more fully described in the above communication, for work relating to Scajaquada Pathway Phase 3. Funds for this project are available in Capital Project Accounts #31356306- 445500. PASSED AYES - 9 NOES -0 NO. 17 EMERGENCY RECONSTRUCTION UNIVERSITY AVENUE STONE WALL On November 23, 2007, a car hit and severely damaged the stone wall on University Avenue at Main Street. The impact knocked a pillar off its foundation and moved it to the curb. This has created a dangerous situation for drivers using University Avenue. The Commissioner of Public Works, Parks & Streets has declared an emergency and requested bids from the following contractors to rebuild the wall: Morris Masonry Restoration $31,000.00 40 Appenheimer, Buffalo, NY Allgaier Construction No Bid 4790 Thompson, Clarence, NY Miller Enterprises No Bid 12 Newfield, Buffalo, NY I certify that the foregoing is a true and correct statement of all bids received and that Morris Masonry Restoration is the lowest responsible bidder in accordance with the plans and specifications. The Department of Public Works, Parks & Streets will enter into a contract with Morris Masonry Restoration in the amount of Thirty One Thousand and 00/100 Dollars ($31,000.00). Funds for this job are available in 39320806 445100 - Buildings. Mr. Bonifacio moved: That the above communication from the Acting Commissioner of Public Works, Parks and Streets dated December 7, 2007, be received and filed; and That the Acting Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to award a contract for the emergency reconstruction the damaged stone wall on University Avenue at Main Street, to Morris Masonry Restoration, the lowest responsible bidder, in the amount of $31,000.00. Funds for the project are available in 39320806 445100 - Buildings. PASSED AYES - 9 NOES -0 NO. 18 PERMISSION TO ENTER INTO AN AGREEMENT [WITH BENCHMARK ENGINEERING & ENVIRONMENTAL SCIENCE, PLLC SQUAW IS. POST CLOSURE MONITORING AND MAINTENANCE SERVICES Permission is hereby requested for the Mayor to enter into an agreement with Benchmark Engineering & Environmental Science, PLLC. The contract would meet the requirements for post closure monitoring and selected maintenance items for the Squaw island Landfill as agreed to by the City and the NYS Department of Conservation and the US Army Corps of Engineers. Mr. Bonifacio moved: That the above communication from the Acting Commissioner of Public Works, Parks and Streets dated December 3, 2007, be received and filed; and That the Mayor be, and he hereby is authorized to enter into an agreement with Benchmark Engineering & Environmental Science, PLLC for Squaw Island Landfill Closure Monitoring and Maintenance Services. PASSED AYES - 9 NOES -0 NO. 19 PERMISSION TO HIRE CONSULTANT - FUHRMANN BLVD. - ROAD IMPROVEMENTS I hereby request permission from Your Honorable Body to hire an Engineering Consultant for design, bidding, construction administration and inspection of road improvements to Fuhrmann Blvd.. The section of Fuhrmarm Blvd. to be improved is from the Union Ship Canal south to the City Line. The cost of these services are estimated to not exceed $40,000 and funds are available in Account #30032106 - 445100. Mr. Bonifacio moved: That the above communication from the Acting Commissioner of Public Works, Parks and Streets dated December 19, 2007, be received and filed; and That the Acting Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to hire an Engineering Consultant for design, bidding, construction administration and inspection of road improvements to Fuhrmann Boulevard. Funds for this project are available in Account #30032106 - 445100 and not to exceed $40,000. PASSED AYES - 9 NOES -0 FROM THE COMMISSIONER OF POLICE NO. 20 DRUG ASSET FORFEITURE ANNUAL CERTIFICATION REPORT AND AUDIT FOR FISCAL YEAR ENDING JUNE 30, 2007 Enclosed, Please find the completed audit report and certification report for year ended June 30, 2007. This report is being filed with your Honorable Body as an informational item If you have any questions regarding the above mentioned, please contact Inspector Joseph Strano at 851 -4624. RECEIVED AND FILED NO. 21 CERTIFICATE OF APPOINTMENT Appointment effective 11/18/2007 in the Department of Police, Division of Patrol to the Position of Captain, Contingent Permanent Promotion at the Flat Starting Salary of $75,223 James P. Shea, 203 Mckinley Parkway, Buffalo, NY 14220 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 22 CERTIFICATE OF APPOINTMENT Appointment effective 11/19/2007 in the Department of Police, Division of Commissioners Office to the Position of Chief, Provisional, Non Competitive Promotion at the Flat Starting Salary of $84,771 Brian Strobele, 135 Longnecker Street, Buffalo, NY 14206 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT & INSPECTION SERVICES NO. 23 FOOD STORE LICENSE 1358 BROADWAY (FILLMORE) Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 1358 Broadway (Broadway Mart & Deli) and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collections Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION. NO. 24 FOOD STORE LICENSE 294 VERMONT (NIAGARA) Pursuant to Chapter i94 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 294 Vermont (Vermont Mini Mart) 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 December 10, 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 Mohamed Mohamed located at 294 Vermont (Vermont Mini Mart). PASSED AYES - 9 NOES -0 NO. 25 RESTAURANT DANCE LICENSE (RENEWAL) 1104 ELMWOOD (NORTH) Pursuant to Chapter 150 of the City of Buffalo Ordinances, please be advised that I have caused an investigation into the premises located at 1104 Elmwood (Coles Restaurant) for which said renewal application for a Restaurant Dance Class IV license is being sought by Robert Schwedt and according to the attached reports from the Fire Department, Police Department and Building Inspections, I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 26 RESTAURANT DANCE CLASS IV 1239 NIAGARA (NIAGARA) Pursuant to Chapter 150 of the City of Buffalo Ordinance please be advised that I have examined the attached application for a Restaurant Dance Class 1 V License located at 1239 Niagara and find that as to form is correct. I have caused an investigation into the premises for which said application for a Restaurant Dance Class IV 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 granted a 6 month conditional license based on past loud noise & disturbances per the Buffalo Police Department. I have caused an investigation by the Police Department into the moral character of Rosa Hernandez. The attached thereto for Rosa Hernandez d /b /a Playaz Club. This request is submitted for your approval or whatever action you deem appropriate. Mr. Bonifacio moved: That the above communication from the Commissioner of Economic Development, Permit and Inspection Services dated December 21, 2007 be received and filed; and 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 IV License to Rosa Hernandez, d /b /a Playaz Club, located at 1239 Niagara Street PASSED AYES - 9 NOES -0 NO. 27 SIDEWALK CAFE LICENSE 88 CHIPPEWA WEST (ELLICOTT) The Common Council approved a sidewalk caf6 for the restaurant located at 88 Chippewa West on June 10, 1997 (Item # 128). The restaurant, formerly known as Crocodile Bar is now owned by Chipdel Cot -p /James Alfieri (Croc Bar). Mr. Alfieri has requested permission to install a similar caf6. The Department of Permit & Inspection Services has no objection to you Honorable Body authorizing the Commissioner to issue a "mere license" to encroach City fight of way provided all conditions in the above mentioned approval are met. Mr. Bonifacio moved: That the above communication from the Commissioner of Economic Development, Permit and Inspection Services dated December 10, 2007 be received and filed; and 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 issue a sidewalk cafe license to Chipdel Corp /James Alfieri (Croc Bar) provided all of the conditions enumerated in Item #128 C.C.P. June 10, 1997 are met, PASSED AYES - 9 NOES -0 FROM THE COMMISSIONER OF ADMINISTRATION, FINANCE, POLICY & URBAN AFFAIRS NO. 28 CHANGE IN CHAPTER 307 [:PARKING AND PARKING LOTS SCHEDULE OF FINES AND PENALTIES In reference to the ordinance amendment currently before the council regarding Chapter 307 of the City Code, this amendment is necessary to implement state legislative changes, effective January 1 st 2008, to convey to the City the proceeds of the state's share of the $15 parking violations surcharge. This change was made by the state at our request to make available $1.2 million annually to fund new police officers. Parking ticket violations will remain the same, however the City will keep all the revenue as opposed to sharing a percentage with the state as presently required. This change will lessen the City of Buffalo's reliance on state aid by making available an additional revenue source and is necessary to implement the City's initiatives to reduce crime by providing funds for additional police officers. This ordinance amendment follows an increased appropriation for Police & Fringe Benefits approved by the Common Council on 12/11/07 to provide funding for new officers in the City's 2007 -08 budget and is necessary for continued funding for these new officers in future years. BFSA approval of new police officers will be contingent on the $1.2 million in funds generated annually by these ordinance amendments. This ordinance amendment must be approved by 1/1/08 or the City will lose $556,000 in the current year and $4,450,000 over the course of the City's Four Year Financial Plan. RECEIVED AND FILED NO. 29 WAIVER OF PERFORMANCE BOND Per charter the Division of Purchase is requesting permission to grant a waiver of performance bond and allow a letter of credit in lieu of to fleet maintenance company. They are a local company and were the successful bidder on bid number 7340 for the purchase of tamdem axle refuse /dump chasis and spreaders for the Dept of Public Works. They will provide us with a letter of credit from HSBC back for the dollar amount needed $1,122,851.75 this letter of credit will cover our security requirements Mr. Bonifacio moved: That the above communication from the Department of Administration and Finance dated December 11, 2007, be received and filed; and That the Comptroller be, and he is hereby authorized to waive the performance bond requirements and alternatives to a Performance Bond as per section 96 -7(b) of the City Charter for Bid Number 7340 for the purchase of Tamdem Axle Refuse /Dump Chasis and Spreaders for $1,122,851.75. PASSED AYES - 9 NOES -0 FROM THE CITY CLERK NO. 30 NOTICE OF INTENTION - DEDICATION AND STREET NAMING OF JESSE KREGAL PARKWAY (CCP# 112 - 12/11/07) Per your resolution, this is to advise you that the public hearing for the above item is set and will be advertised for January 8, 2008 at 2:00 p.m. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 31 LIQUOR LICENSE APPLICATIONS Attached hereto are communications from persons applying for liquor licenses from the Erie County Alcohol Beverage Control Board. Address Business Name Owners name 150 Military Keith & Ice Inc Keith & Ice 2163 Seneca Buffalo's Finest Sharon Harriger RECEIVED AND FILED NO. 32 LEAVES OF ABSENCE WITHOUT PAY I transmit herewith notifications received by me, reporting the granting of the leaves of absence without pay, in the various departments as listed: Police- Robert Delaney, Dana Goddon RECEIVED AND FILED. NO. 33 REPORTS OF ATTENDANCE I transmit herewith communications received by me, from the various boards, commissions, agencies and authorities reporting the membership attendance at their respective meetings: Buffalo Sewer Authority RECEIVED AND FILED. NO. 34 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: December 19, 2007 in the Department of Assessment and Taxation to the Position of Clerk Seasonal Appointment Flat Starting Salary of $8.15 Hour Tonya Stewart 69 Rother Ave Buffalo NY 14212 NO. 35 APPOINTMENTS - TEMPORARY, PROVISIONAL OR PERMANENT I transmit herewith Appointments in the various departments made at the Minimum (Temporary, Provisional or Permanent) (as per contract requirements). REFERRED TO THE COMMITTEE ON CIVIL SERVICE. CERTIFICATE OF APPOINTMENT Appointment Effective: December 3, 2007 in the Department of Public Works, Parks and Streets in the Division of Buildings to the Position of Laborer 11 Permanent Appointment Flat Starting Salary of $24,430 Abdirashid Ahmed 55 California Street Buffalo 14213 CERTIFICATE OF APPOINTMENT Appointment Effective: December 10, 2007 in the Department of Public Works, Parks and Streets Division of Buildings to the Position of Senior First Class Stationary Engineer Temporary Appointment Flat Starting Salary of $10.25 Charles A Kulp 1015 Abbott Rd Buffalo 14220 CERTIFICATE OF APPOINTMENT Appointment Effective: December 11, 2007 in the Department of Assessment and Taxation to the Position of Junior Data Control Clerk Temporary Appointment Minimum Starting Salary of $25,677 Bogusia Carroll 261 West Tupper St Buffalo NY 14201 CERTIFICATE APPOINTMENT Appointment Effective: December 14, 2007 in the Department of Public Works, Parks and Streets Division of Buildings to the Position of Senior First Class Stationary Engineer Temporary Appointment Flat Starting Salary of $10.25 Dennis Schollard 39 Shenandoah Rd Buffalo 14220 Appointment Effective: December 14, 2007 in the Department of Public Works, Parks and Streets Division of Buildings to the Position of Senior First Class Stationary Engineer Temporary Appointment Flat Starting Salary of $10.25 Daniel Schamann 147 Marine Drive Apt 8C Buffalo 14202 CERTIFICATE OF APPOINTMENT Appointment Effective: November 19, 2007 in the Department of Police Division of Staff Operations to the Position of Police Officer Permanent Appointment Minimum Starting Salary of $45,733 Adam O'Shei 111 Shenandoah Rd Buffalo NY 14220 Amy Frankel 23 Doyle Ave Buffalo NY 14207 Ann Devaney 381 McKinley Ave Buffalo NY 14220 Richard Manley 34 Dundee St Buffalo NY 14220 Brian Britzzalafio 153 Hamburg St Buffalo NY 14204 Sherry Ebert 83 Krakow Buffalo NY 142065 Bart Adams 28 Tuscarora Rd Buffalo NY 14220 Thomas Feeney 15 North Park Ave Buffalo NY 14216 Dennis Gilbert 393 Sanders Rd Buffalo NY 14216 Thomas Zak 92 Unger St Buffalo NY 14210 Daniel Kurdzel 185 Stevenson St Buffalo NY 14210 Judith Walker 86 Tuscarora Rd Buffalo NY 14210 Craig Leone 103 Avondale Place Buffalo NY 14210 Robert Eloff 364 Cumberland Ave Buffalo NY 14220 CERTIFICATE OF APPOINTMENT Appointment Effective: December 3,2007 in the Department of MIS o the Position of Computer Programmer Temporary Appointment Minimum Starting Salary of $38,358 Janet SanFilippo 215 Saranac Ave Buffalo NY 14216 CERTIFICATE OF APPOINTMENT Appointment Effective July 10,2007 in the Department of Law to the Position of Asst Corporation Counsel 11 Permanent Non - Competitive Minimum Starting Salary of $55,756 Timothy Ball 184 Norwalk Buffalo NY 14216 Alan Gerstman 54 Norwood Buffalo NY 14222 CERTIFICATE OF APPOINTMENT Appointment Effective July 10,2007 in the Department of Law to the Position of Asst Corporation Counsel 11 Permanent Non - Competitive Minimum Starting Salary of $55,156 Peter Savage 111 207 West Ferry Buffalo NY 14213 CERTIFICATE OF APPOINTMENT Appointment Effective July 18, 2007 in the Department of Law to the Position of Asst Corporation Counsel /Mun Atty Permanent Non - Competitive Minimum Starting Salary of $45,757 Gregory Heeb 184 Norwalk Ave Buffalo NY 14216 Cindy Cooper 174 Richmond Ave Buffalo NY 14222 Cavette Chambers 188 Roebling Ave Buffalo NY 14215 Mary Bowman 147 Lancaster Apt 1 Buffalo NY 14222 CERTIFICATE OF APPOINTMENT Appointment Effective July 10, 2007 in the Department of Law to the Position of Asst Corporation Counsel 11 Permanent Non - Competitive Minimum Starting Salary of $69,357 Eileen Fleming 341 Voorhees Ave Buffalo NY 14216 CERTIFICATE OF APPOINTMENT Appointment Effective December 21, 2007 in the Department of Administration, Finance, Policy and Urban Affairs Division of Treasury & Collections to the Position of Collection Officer Permanent Promotion Minimum Starting Salary of $40,670 Judith Winnert 206 Tuscarora Rd Buffalo NY 14220 NON - OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON - OFFICIAL COMMUNICATIONS NO. 36 CONCERNS CLIMATE CHANGE CRISIS The purpose of this letter is to convey our sense of urgency regarding the growing need to address key issues related to pending climate change crisis. It appears that consensus about dangers that lie ahead has been reached. Even the Bush administration has acknowledged the reality of the situation. Now work needs to continue with renewed effort and at a rapid pace. The focus must be on how to best respond to the climate problems that have been created. Many people in Western New York are excited about the assets this area processes. The Buffalo area can be a leader in the wind energy industry due to its natural resources. However, leadership is required on the part of our elected representatives in order to see the assets and the potential evolve into reality. As can be seen from the enclosed petitions many other local citizens are looking to you to play an active role in planning for a better future. They enthusiastically signed these petitions at this year's Elmwood Avenue Art Festival. Based on the ease with which it took to obtain peoples' support and signatures, it is apparent that citizens are ready to join in an effort to demand that legislators do more to assist with the development of wind energy initiatives. The initiatives range from installing more turbines at environmentally appropriate locations on the WNY waterfront to attracting wind turbine manufacturing. If you have not already we encourage you to learn about the critical issues surrounding climate change. More importantly, since time is of the essence, study the various responsible options available to combat this growing crisis. Members of the Wind Action Group stand ready to assist you. A twenty -three (23) minute power point presentation has been created to educate people about climate related issues and potential solutions. If you are interested in viewing the presentation please contact Bill Nowak at (716) 882 -9237. Together, we can create a better future for those who will inhabit the planet in the coming decades. They will experience the results of our efforts in the face of this enormous challenge. Thank you for your time and attention. On behalf of the Wind Action Group, REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 37 RE: OPPOSITION TO HUMAN SERVICE FACILITY I am writing you in response to a notice for a public hearing by the Zoning Board of Appeals for the City of Buffalo. The notice was to make us privy of a Human Service facility for women recovering from drug and alcohol addiction. I am standing in protest against this project. This type of facility is not a good fit for this area being that a daycare facility is in close proximity to the potential location. I am humbly asking for your support, to prevent this project from happening. If you have any questions or concerns, please do not hesitate to contact me at 886 -2199 RECEIVED AND FILED NO. 38 REQUEST HELP WITH STAGING AUNITY CULTURAL FESTIVAL Every summer, the various communities within our fair city celebrate their ethnic heritage, pride and cultural diversity. One would think, however, in a city often referred to as " the city of good neighbors ", there would be at least one festival or event that celebrated our " coat of many colors" and proudly announce in one voice that " we our Buffalo!" No one council district or ethnic community defines Buffalo: We our Buffalo. This summer, July 7th, the Jefferson Avenue Business Association would like to stage a "Unity /Cultural Festival" that reflects the rich, cultural diversity of Buffalo . There is an African proverb: "The rain does not fall on one roof." The challenge and success that confront our city affects every resident. From the down sizing of Delphia auto motive corporation to the Stanley cup finals involving the Buffalo Sabers, we all take the "emotional ride." In order to make this event a success, we need the help of each and every council person. We our asking that you would send or at least put our association in touch with a cultural event person from your district. With your encouragement, we would like to have at least one representative /table from each cultural or ethnic community in our city. They will be asked to bring their food, colorful banners and music /dance. Culture is the way in which we learn and discover the world around us. 1 am confident, that the success of this proposal would truly reinforce the theme: Buffalo, "the city of good neighbors." And, let's have fun and learn to appreciate one another in the process. RECEIVED AND FILED NO. 39 EMPIRE ZONE BOUNDRY REVISION PROCESS & POLICY Please file the attached information from EDPI Commissioner Richard Tobe on Empire Zone of Buffalo Boundary Revision Process & Policy that was presented to the Committee on Community Development on Tuesday, December 18, 2007. Please refer to the Committee on Community Development. EMPIRE ZONE OF BUFFALO BOUNDARY REVISION PROCESS & POLICY Section 958 of the General Municipal Law establishes the criteria, which determine eligible applicant municipalities. The City of Buffalo, as the applicant municipality, received Empire Zone #38 in 1994 and Empire Zone #74 in 2002. The Buffalo Economic Renaissance Corporation (BERC) administers the Empire Zone Program on behalf of the City of Buffalo in accordance with governing New York State municipal law and the guidance of the City of Buffalo Empire Zone Administrative Board. Each Empire Zone administration is allowed to designate up to two square miles (1,280 acres) of properly into the Empire Zone, allowing the City of Buffalo 2,560 acres total or four square miles in a city that encompasses 40 square miles. Due to the limitations of allowable acreage; the Empire Zone boundaries will not extend outside the City of Buffalo. Each Empire Zones designated under census tract eligibility requirements (GML §958(a)(i)) shall be wholly contained within THREE distinct and separate contiguous areas. A zone may apply for an additional distinct and contiguous area "upon demonstration of need" and as long as total acreage does not exceed 1,280 acres. The Review Process The applicant municipality must approve all boundary revisions. Final approval of all boundary revisions must be made by either the Commissioner of Empire State Development (ESD) (for zones with all 1,280 acres currently designated), or, the Empire Zones Designation Board (for zone's with less than 1,280 acres currently designated and /or for zone's requesting a 4" distinct and separate contiguous area). Preliminary Submission: 1. The zone submits a preliminary submission to ESD per the Preliminary Submission Checklist. 2. ESD reviews the preliminary submission, resolving issues as needed 3. The Program Director notifies the zone that the preliminary submission meets all the program requirements and the zone may proceed with the final submission. Empire State Development will conduct a review of the Preliminary Submission and may ask for corrections or additional information. Once it has been determined that the proposed revision meets all of the program requirements, the local zone administration will be notified and instructed to proceed with the Final Submission. Final Submission: 1. The zone submits a final submission to ESD per the Final Submission Checklist. 2. ESD reviews the final submission, resolving issues as needed. 3. ESD Counsel determines that the final submission meets all the requirements of the program and is in compliance with the law. 4. Empire State Development Commissioner approves the final submission (if designated acreage 1,280), OR 5. The Empire Zone Designation Board approves the final submission (if designated acreage is less than 1,280 acres and /or a 4 h distinct and separate contiguous area is being requested). Note: If any local laws or concurring resolutions are passed before the preliminary submission is approved by ESD, the preliminary boundary revision will be disapproved. Adopting concurring resolutions and /or local laws prior to ESD's review and approval constitutes a circumvention of law. In addition, this will eliminate the necessity of changing an effective date due to any modification required for ESD approval. Access to Program Selection into the Buffalo Empire Zone is based upon requests by local companies/ developers who, through several outreach factors, look to receive the benefits the program. Marketing efforts and outreach is conducted by the business development specialists at the Buffalo Economic Renaissance Corporation (BERC). Companies /developers also contact the Zone Coordinator directly for assistance in requesting inclusion- Marketing efforts by local economic development agencies provide access to the Empire Zones Program, including the Buffalo Niagara Enterprise (BNE), Empire State Development Corporation (ESDC) and the Erie County Industrial Development Agency (ECIDA). All requests to be included into the Empire Zone of Buffalo must be submitted through the BERC's "Qualifying Application for Inclusion." All businesses/ developers requesting inclusion will be required to submit further information regarding their business activity and /or development project, if necessary. Review of Requests Consideration for inclusion on n an Empire Zone may require the following: 1.) Evidence of ownership of land or building to be included. Tenants may apply for inclusion with proof of lease provided as evidence, if necessary. 2.) Preliminary application for inclusion in the Buffalo Empire Zone must be filed with the Buffalo Empire Zone Coordinator by October 19, 2007. Requests after this date may be held until such time NYS General Municipal Law allows an Empire Zone boundary amendment. 3.) Individual projects will be ranked according to the total new investment dollars; number of new jobs created, and number of jobs retained. 4.) The written recommendation of the Councilmember for individual projects may be required. Criteria for Inclusion The minimum criteria used for consideration are consistent with the policies set in the Buffalo Empire Zone Development Plan. Certain types of industry will be targeted for inclusion. The business must be associated with Manufacturing, especially Advanced Manufacturing, or one of these types of commercial /service industries: Back- and middle- office Customer Service Centers, Life Sciences, Hospitality /Tourism and Logistics. No consideration will be given to retail businesses, including restaurants and market rate housing projects. 2.) Job creation and investment thresholds: Manufacturing $100,000 in new investment per new FTE created with a minimum of five (5) new FTE and a minimum of $500,000 in new investment. Commercial /Service $50,000 in new investment per new FTE created with a minimum of five (5) new FTE and a minimum of $250,000 in new investment. Commercial Real Estate Development $2 million in new investment per direct new FTE created with a minimum of five (5) direct new FTE and $10 million in investment. Special consideration will be given to projects that have an indirect job creation of 20 new FTE created and a minimum of $500,000 in new investment in the commercial /service or manufacturing industries. Residential Development Residential use projects must be associated with the current planning priority areas in the City and provide low -mod income housing. There must be a demonstrable need (funding gap) for financial assistance. Special consideration will be given to projects that include the renovation of one or more historic buildings. 3. Wealth Creation - Businesses with a substantial portion of their income derived from sales from outside Erie County will be given a higher priority in the decision process. Applicants who do not meet the job creation and investment thresholds may be considered favorably if the business is wealth creating for the region. 4. Project Description - A written explanation of the applicant's intended project and how this project will improve the economic climate of community. 5. If necessary, a business plan is to be submitted outlining the business' marketing plan and projected growth. Other documentation, i.e. financial statements, commitment letters from funding source, etc., may also be requested. Notification to Applicants Once companies have been selected for inclusion, the Buffalo Zone Coordinator prepares documentation for Preliminary Submission to Empire State Development. Once approval has been granted for the Preliminary Submission, the Buffalo Zone Coordinator acquires the proper approvals from the Buffalo Common Council and the Zone Administrative Board. Thirty days after the last local decision, the applicants requesting inclusion will be notified via postal service of their acceptance. Companies not selected for inclusion into the Empire Zone will be notified via postal service of their declination thirty days after the local zone administration has filed their Preliminary Submission with Empire State Development. Preliminary Submissions cannot be amended once submitted to ESD for approval. Verbal notification will not be granted upon the request of the applicant and any notifications besides the written correspondence from the BERC of their acceptance /declination will not be valid. RECEIVED AND FILED NO. 40 STATISTICS FOR HELICOPTER TRANSPORTS TO WCHOB FROM 11/05 -11/07 320 patients transported 161 teams a team involved in transport 481 landings over 25 month period 481 Landings over 25 month period Averages to 231 Landings in a 1 year or 12 month period Less than the 250 transports a year predicted Destinations 64 %(205) went to the ED 16 %(52) went directly to the NICU 9% (30) went directly to the PICU 6% (18) went elsewhere (see below) 4% (14) went directly to REFERRED TO THE COMMITTEE ON LEGISLATION &D Elsewhere Destinations: Team transported to Pittsburgh x3 Team transported patient to Rochester Team did not return to WCHOB by helipad x9 (related to weather or other complications) Transported directly to the OR for removal of FB from airway Flight cancelled x2 Trauma vs. Medical 129 trauma patients (40 %) 191 medical patients (60 %) RECEIVED AND FILED NO. 41 D. ADAMS - MONTHLY REPORTS FOR NOVEMBER 2007 -LEGAL AIDE BUREAU Dear Chairperson Davis, Enclosed please find a copy of our Monthly Reports and Monthly Activity Reports for November 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 PETITIONS NO. 42 DAVID COOPER, OWNER, 427 ELMWOOD AVE, RE- ESTABLISH AND RE- CONFIGURE RESTAURANT SPACE (NIA)(PUB HRG (1/3/08) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 43 BETHANY BERNATOVICZ, AGENT, 285 DELAWARE AVE GROUND SIGN (ELL)(NO PUB HRG ) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD REGULAR COMMITTEES CIVIL SERVICE BONNIE E. RUSSELL, CHAIRPERSON NO. 44 APPT SENIOR PLANNER PROV (3 STEP)(BROZEK)(STRAT PLAN) (CCP# 17,12/11) That the Provisional Appointment of Michele Brozek, 460 Richmond, Buffalo, NY 14222, to the position of Senior Planner, at the intermediate salary of $40,881 is hereby approved PASSED AYES - 9 NOES -0 NO. 45 NOTICES OF APPOINTMENTS TEMP /PROV /PERM(CTY CLK) (CCP #65,12/11) That the above item be the same and is hereby Received and Filed ADOPTED FINANCE (BRIAN C. DAVIS, CHAIRMAN) NO. 46 APP TO TRANSFER TITLE SYCAMORE VILLIAGE SUB FROM BURA TO BFLO NEW URBANISM (HRG 12/26) (# 144 09/04/2007) (HRG. 9/18) Mr. Davis moved: That the above item be returned to the Common Council without recommendation. Brian Davis, Chairperson, Finance Committee A public hearing has been set, before the Common Council, at this regularly scheduled meeting, on the above item, and a Notice of Same has been published in the Buffalo News, a copy of which is attached hereto. On a motion by Mr. Bonifacio, seconded by Mrs. Russell the item is properly before the Common Council, and the hearing is opened. CARRIED. Appearances Mr Davis, Tim Wanamaker, Mr. Fontana, Mr. LoCurto Mr. Bonifacio now moved that the hearing be closed. Seconded by Mr. Davis CARRIED Mr. Bonifacio now moved approval of said item. Seconded by Mr. Davis NOTICE OF PUBLIC HEARING Pursuant to Section 507(2) of the General Municipal Law, notice is hereby given that a hearing will be held before the Common Council, Council Chambers, City Hall, at 2:00 P.M. on December 26, 2007 on the following: The City of Buffalo Urban Renewal Agency (hereinafter referred to as "Agency ") has formed a for - profit single asset entity (limited liability company), and needs to transfer the title to the Sycamore Village Subdivision to this newly formed LLC entitled Buffalo New Urbanism, LLC for $1.00. This action will facilitate the use of New Market Tax Credit Financing for the Sycamore Village Housing Project. The newly created entity will transfer the individual sublots to prospective homebuyers. In addition, the Agency has authorized the Vice - Chairman to execute the guarantee on a loan commitment issued by Key Community Development New Markets, LLC in the amount of $2,222,500.00 on a residential construction line of credit for the purpose of constructing up to twenty (20) market rate residential homes in the Sycamore Village Subdivision. After construction and sale of each home, the entity will repay the Key Bank loan, and the newly formed entity will transfer the individual sublots to the homebuyers. All persons will be given an opportunity to be heard at the meeting. Gerald A. Chwalinski, City Clerk Transfer Title - Sycamore Village Subdivision from BU RA to Buffalo New Urbanism, LLC (Item No. 124, C.C.P., Dec. 11, 2007) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Davis moved: That the Chairman or Vice - Chairman of the Buffalo Urban Renewal Agency is authorized to execute any and all deeds or other documents necessary to convey land within the general area bounded by Sycamore Avenue on the North, Jefferson Avenue on the East, Matthews Street on the South, and Mortimer Street on the West from the City of Buffalo Urban Renewal Agency to Buffalo Urban Renewal Agency to Buffalo New Urbanism, LLC for $1.00. PASSED AYES - 9 NOES — 0 NO. 47 RENEW LEASE - BUFFALO AND ERIE COUNTY PUBLIC LIBRARY — VARIOUS CITY OWNED BUILDINGS (ITEM NO. 13, C.C.P., DEC. 11, 2007) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Davis moved: That the Executive Director of Strategic Planning be, and he hereby is authorized to renew and extend the lease between the City of Buffalo and Michael Mahaney, Director of the Buffalo & Erie County Public Library, for use of various city -owned buildings (see Schedule "A" as attached to the above communication), for an additional fifteen (15) year period commencing on January 1, 2008 through December 31, 2022, under the same terms and conditions as the previous lease but not limited to the conditions as listed in the above communication. That the Corporation Counsel be, and she hereby is authorized to prepare the necessary documents to renew said lease, and that the Mayor be authorized to execute the same. PASSED AYES - 9 NOES -0 NO. 48 CERT OF NEC INC APPROP, STRAT PLAN $4,638,250 (COMPT) CCP #19, 12/11 That the above item be the same and is hereby Received and Filed ADOPTED NO. 49 CONVEYANCE OF MEMORIAL AUDITORIUM TO ERIE CANAL HARBOR DEVELOPMENT CORPORATION (ITEM NO. 28, C.C.P., DEC. 11, 2007) That the Mayor be, and he hereby is authorized to execute the Agreement as attached to the communication, conveying the Buffalo War Memorial Auditorium to the Erie Canal Harbor Development Corporation, pursuant to the conditions listed in the Agreement. PASSED AYES - 9 NOES -0 NO. 50 MEMORANDUM OF AGREEMENT FOR LAW ENFORCEMENT SERVICES AT THE BUFFALO CREEK CASINO WITH THE SENECA NATION INDIANS (ITEM NO. 35, C.C.P., DEC. 11, 2007) That the Memorandum of Agreement between the City of Buffalo and Seneca Nation of Indians for Law Enforcement Services, be and hereby is approved and ratified. PASSED AYES - 9 NOES -0 NO. 51 OPERATION AND MNGT AGREEMENT BCAR(CC) (CCP40,12/11 ) That the above item be the same and is hereby Received and Filed ADOPTED NO. 52 B. SHIEFELING- INTENTIONS FOR 1042 ELLICOTT ST(ELL) (CCP #76,12/11) That the above item be the same and is hereby Received and Filed ADOPTED NO. 53 D. SMITH - ARTICLE - ECONOMIC IMPACT OF MORTGAGE DEFAULTS (CCP #77,12/11) That the above item be the same and is hereby Received and Filed ADOPTED NO. 54 INCREASED APPROPRIATION - AIM STRATEGIC PLANNING (ITEM NO. 127, C.C.P., DEC. 11, 2007) That the Comptroller be, and he hereby is authorized to increase the appropriation in Strategic Planning for the current fiscal year in the amount of $4,638,250. The increased appropriation will be met from AIM money. PASSED AYES - 9 NOES -0 NO. 55 THE FRIENDS TO THE ELDERLY LEASE AMENDMENT (ITEM NO. 143, C.C.P., DEC. 11, 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. 56 D. SMITH -J. JACKSON, REQUEST APPROVAL TO SUBLET PORTION OF 118 EAST UTICA TO LAKESHORE BEHAVORIAL HEALTH INC. (CCP #42,11 /13) That the above item be the same and is hereby Received and Filed ADOPTED NO. 67 RESULTS OF NEGOTIATIONS - 1042 ELLICOTT (ITEM NO. 6, 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 S & T Properties of Buffalo, LLC, 165 Lexington Avenue, in the sum of six thousand dollars ($6,000.00) for the purchase of 1042 Ellicott, 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. 58 BUFFALO CIVIC AUTO RAMPS INC 1 ST AND 2 ND RFP (BD OF PKG)(# 1,7/10) (CCP# 104,7/24) That the above item be the same and is hereby Received and Filed ADOPTED NO. 59 BUFFALO CIVIC AUTO RAMPS, INC. MANAGEMENT AGREEMENT(BD OF PKG)( #2,7/10) (CCP# 105,7/24) That the above item be the same and is hereby Received and Filed ADOPTED No. 60 D. Bonifacio -K. Heifer BCAR Audited Financial Statement 2006 -2007 (ccp#60,10 /2) That the above item be the same and is hereby Received and Filed ADOPTED COMMUNITY DEVELOPMENT (JOSEPH GOLOMBEK JR., CHAIRMAN) NO. 61 RESOLUTION SUPPORTING AND CONCURRING IN THE CITY OF BUFFALO'S APPLICATION FOR REDESIGNATION OF CERTAIN AREAS WITHIN THE CITY OF BUFFALO AS AN EMPIRE ZONE (ZONE #38) (ITEM NO. 133, C.C.P., DEC. 11, 2007) That the above item be, and the same hereby is returned to the Common Council without recommendation Mr. Golombek moved: That the Common Council fully supports and concurs in the submission of an application by the Buffalo Economic Renaissance Corporation for the redesignation of certain areas within the City as an Empire Zone #38. PASSED AYES —9 NOES — 0 NO. 62 RESOLUTION SUPPORTING AND CONCURRING IN THE CITY OF BUFFALO'S APPLICATION FOR REDESIGNATION OF CERTAIN AREAS WITHIN THE CITY OF BUFFALO AS AN EMPIRE ZONE (ZONE #74) (ITEM NO. 134, C.C.P., DEC. 11, 2007) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Golombek moved: That the Common Council fully supports and concurs in the submission of an application by the Buffalo Economic Renaissance Corporation for the redesignation of certain areas within the City Empire Zone #74. PASSED AYES -9 NOES -0 NO. 63 LOCAL LAW INTRO. NO. 10 (2007) EMPIRE ZONE ( #38) (ITEM NO. 135, C.C.P., DEC. 11, 2007) That after the public hearing before the Committee on Community Development on December 18, 2007, the Ordinance Amendment as contained in Item No. 135, C.C.P., December 11, 2007, be and the same hereby is approved. PASSED AYES - 9 NOES - 0 NO. 64 LOCAL LAW INTRO. NO. 11 (2007) EMPIRE ZONE ( #74) (ITEM NO. 136, C.C.P., DEC. 11, 2007) That after the public hearing before the Committee on Community Development on December 18, 2007, the Ordinance Amendment as contained in Item No. 136, C.C.P., December 11, 2007, be and the same hereby is approved. PASSED. AYES — 9 NOES — 0 NO. 65 BUFFALO MARINETIME MUSEUM /LAKE ERIE SCHOONER PROJECT (EDPI) (#43 12/11) That the above item be the same and hereby is Received and Filed ADOPTED NO. 66 PROMOTING SMALL BUSINESS (EDPI) ( #50 12/11) That the above item be the same and hereby is Received and Filed ADOPTED NO. 67 COMMON COUNCIL - NEGATIVE DECLARATION 1413 CITY HALL EMPIRE ZONES #38 AND #74 (#6012/11) That the above item be the same and hereby is Received and Filed ADOPTED NO. 68 M.KEARNS- M.GALLIVAN CONCERNS MARINE DRIVE APARTMENTS ( #71 12/11) That the above item be the same and hereby is Referred to the Special Committee on Waterfront Development ADOPTED NO. 69 RSULTS NEG- 401 BUSTI (STRAT PLAN) (#6 5/29)(# 105 6/12)(# 115 6/26)(# 106 12/11) That the above item be the same and hereby is Referred to the Committee on Finance ADOPTED NO. 70 MAKING THE EMPIRE ZONE PROGRAM WORK FOR BUFFALO AND OTHER UPSTATE COMMUNITIES (EXC 1 ( #116 10/16) That the above item be the same and hereby is Received and Filed ADOPTED NO. 71 UPDATED DRAFT - LOCAL WATERFRONT REVITALIZATION PROGRAM (ITEM NO. 14, C.C.P., OCT. 30, 2007) (ITEM NO. 71, C.C.P., NOV. 27, 2007) Mr. Golombek moved that the above item be recommitted to the Committee on Community Development. ADOPTED LEGISLATION (RICHARD A. FONTANA, CHAIRMAN) NO. 72 JAMIE ALLEN, PETITION TO USE 625 ABBOTT - ILLUMINATED GROUND SIGN (ITEM NO. 79, C.C.P., DEC. 11, 2007) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Fontana moved: That the petition of Jamie Allen, agent, for permission to use 625 Abbott for an illuminated 12' wide by 6' high and a 24 masonry base ground sign be, and hereby is approved PASSED. AYES -9 NOES -0 NO. 73 M. BECK, AGENT, USE 131 MULBERRY, ERECT A 2 STORY FRAME HSF (NO PUB HRG)(ELL) (CCP #80, 12/11) That the above item be the same and is hereby Received and Filed ADOPTED NO. 74 SECOND HAND DEALER LICENSE - 1929 SOUTH PARK (ITEM NO. 63, C.C.P., DEE.11, 2007) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Fontana moved: Mr. Fontana moved that the above item be recommitted to the Committee on Legislation ADOPTED NO. 75 REQ EC LIB BD TO RESTORE LIBRARY SERVICES (EXEC LAST RES) (CCP #123,12/11) That the above item be the same and is hereby Received and Filed ADOPTED NO. 76 LODGING HOUSE AGENT LICENSE (EDPI) (CCP #21,11/27) That the above item be the same and is hereby Received and Filed ADOPTED NO. 77 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 (CCP #84,11 /27) That the above item be the same and is hereby Received and Filed ADOPTED NO. 78 LODGING HOUSE AGENT LICENSE (EDPI) (CCP #24,11/13) That the above item be the same and is hereby Received and Filed ADOPTED NO. 79 B. DAVIS -WEST VILLAGE RENAISSANCE GROUP REBUTTEL TO DPW REPORT ON TRAFFIC REDIRECTION FOR W CHIPPEWA (ELL) (CCP #32,11 /13) That the above item be the same and is hereby Received and Filed ADOPTED NO. 80 CHANGE PORTION OF ST FROM EASTBOUND TO WESTBOUND - POTOMAC AVE (NIA)(PW) (CCP #22,10/16) That the above item be the same and is hereby Received and Filed ADOPTED NO. 81 B. YUHNKE -REQ COLOR CODE ADDED TO CHAPTER 437 -6 TAXI CABS & LIVERIES (CCP #96,7/24) That the above item be the same and is hereby Received and Filed ADOPTED NO. 82 RESTAURANT DANCING CLASS I - 75 CHIPPEWA WEST (ITEM NO. 29, C.C.P., JULY 10, 2007) Mr. Fontana moved that the above item be recommitted to the Committee on Legislation ADOPTED RESOLUTIONS NO. 83 BY: MR. BONIFACIO RE: ORDINANCE AMENDMENT CHAPTER 307, PARKING AND PARKING LOTS The Common Council of the City of Buffalo does hereby ordain as follows: That Chapter 307 of the Code of the City of Buffalo be amended to read as follows: § 307 -11. Schedule of fines and penalties. A. The schedule of fines and penalties shall be as follows: Violation Fine Failure to deposit required ($15.00) $30.00 coins in a parking meter, overtime parking in a metered space or other meter violation Parking prohibited beyond time ($15.00) $30.00 limit allowed other than parking meter Parking prohibited on alternate ($15.00) $30.00 Days Parking prohibited on bus routes ($20.00) $35.00 during certain hours [$20.00]$35.00 Parking prohibited upon publicly ($35.00) $50.00 or privately owned premises [$20.00]$35.00 without permission Parking in unpaved area in ($35.00) $50.00 front /side yard [$20.00]$35.00 Parking prohibited in a load zone ($15.00) $30.00 Stopped, standing or parked ($15.00) $30.00 facing wrong direction [$20.00]$35.00 Stopped, standing or parked more ($15.00) $30.00 than 12 inches from curb [$20.00]$35.00 Stopped, standing or parked upon any bridge, elevated structure, subway or approaches [$15.00]$ Violation Fine Standing or parked within 20 feet of a crosswalk at an intersection or other marked crosswalk [$15.00]$30.00 Parking prohibitions: Parking prohibited at any time [$20.00] $35.00 Parking prohibited during certain hours [$20.00]$35.00 Parking prohibited from here to comer [$20.00]$ Parking prohibited in a taxi stand [$20.00]$35.00 Standing prohibitions: Standing prohibited at any time [$20.00]$35.00 Standing prohibited during certain hours [$20.00]$35.00 Standing prohibited from here to comer [$20.00]$35.00 Stopping prohibitions: Stopping prohibited at any time [$20.00]$35.00 Stopping prohibited during certain hours [$20.00]$35.00 Stopping prohibited from here to comer [$20.00]$35.00 Stopped, standing or parked on a sidewalk [$20.00]$35.00 Standing or parked in front of a [$20.00]$35.00 public or private driveway Expired certificate of inspection [$20.00]$35.00 or registration Stopped, standing or parked within [$35.00]$ 15 feet of a fire hydrant Double parking [$20.00]$35.00 Stopping, standing or parking [$20.00]$35.00 prohibited, police emergency Other violation [$20.00]$35.00 Handicapped parking violations, [$55.00]$70.00 per § 1203 -c of the Vehicle and Traffic Law [NOTE: In addition, a surcharge of $30 has been levied by the state of New York for handicapped parking violations pursuant to § 1809 -b of the Vehicle and Traffic Law.] B. Additional penalties. Penalties shall be added to the fine for late payment as follows: Original fine [$15.00] $30.00 [$20.00] $35.00 [$35.00] $50.00 [$55.00] - $70.00 After 8 days[30.00] $45.00 [40.00] $55.00 [70.00] $85.00 [110.00] - $125.00 After first[40.00] $55.00 [50.00] $65.00[80.00]$95.00 [120.00] - $135.00 Billing After 75 days [60.00] $75.00 [70.00] 85.00[100.00] $115.00 [140.00] - $155.00 [NOTE: Increase in mandatory surcharge for parking violations. Effective November 11, 2003, the mandatory surcharge for parking violations is increased to $15; $7.50 of each $15 surcharge is to be forwarded to the Justice Court Fund.] It is hereby certified pursuant to Section 3 -19 of the Charter of the City of Buffalo, that the immediate passage of the foregoing ordinance is necessary. MAYOR APPROVED AS TO FORM Corporation Counsel NOTE: Matter underlined is new, matter in brackets is to be deleted. PASSED AYES — BONIFACIO, DAVIS, FONTANA, FRANCZYK, GOLOMBEK, KEARNS, LOCURTO, RUSSELL - 8 NOES — SMITH - 1 NO. 84 BY: MR. DAVIS INCREASED APPROPRIATION FUND BALANCE PRIOR YEAR'S CLAIMS That, Pursuant to §20 -11 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the appropriation in the budget for the current fiscal year for Appropriation Allotments - Police & Fringe Benefit accounts, be and the same are hereby increased in the sum of $7,200,000. FROM: That the comptroller be and hereby is authorized and directed to transfer the sum of $7,200,000 from the Unreserved Fund Balance 100000000 - 253000 to meet this increased appropriation as set forth below: 10000000 - 253000- General Fund - unreserved Balance $7,200,000 To: 10546006- 480205 - Law Department - Judgment and Claims - Prior Year $7,200 000 PASSED AYES - 9 NOES -0 NO. 85 BY: MR. DAVIS TRANSFER OF FUNDS -RAN INTEREST That, Pursuant to §20 -12 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the appropriation in General City Debt and Related Services be be transferred and reappropriated as set forth below: From: 17422008 487202 Ran Interest $1,750,000 To: 1 7221 008 480205 Prior Year Claims $1,750,000 PASSED AYES - 9 NOES -0 NO. 86 BY MR. DAVIS TRANSFER OF FUNDS COMMON COUNCIL- LEGISLATIVE CITY CLERK That pursuant to §20 -12 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the sum of $10,000 be and the same is hereby transferred from Common Council Legislative and said sum is hereby reappropriated as set forth below: From: Common Council Legislative 10102001 - 412002 Hourly Salary $10,000 To: City Clerk 10220006 - 434000 Other Contractual Services $10,000 APPROVE AS AMENDED TO READ $5000.00 PASSED AYES - 9 NOES -0 NO. 87 BY: MR. DAVIS RE: INCREASE DOCK SLIP RENTAL FEES Whereas: In 2001, the Common Council of the City of Buffalo approved the authorization to enter into an agreement for Brand -On Services, Inc. to manage the operation of the Erie Basin Marina and as stated in the agreement if the Operator wishes to adjust any of the rates, a written notice must be given to the Common Council; and Whereas: The Common Council has received a letter from Brand -On Services, Inc. requesting an amendment to the agreement allowing for an increase in the dock slip rental fees for the 30 foot and 40 foot slips by 6% in each of the following two (2) years, namely for the 2008 boating season and also for the 2009 boating season; and Whereas: The requested increase is to offset the substantial increases in electric service costs, the costs of operational maintenance and the concessions made to the Living Wage Commission; and Now, Therefore, Be It Resolved: That the Common Council of the City of Buffalo requests that the letter of request from Brand -On Services, Inc. be adopted and asks for its immediate consideration by the Department of Public Works, Parks and Streets; and Be It Further Resolved: That this item be referred to the appropriate committee pending action taken by the Department of Public Works, Parks and Streets and reported to the Common Council. ADOPT 1st RESOLVE- REMAINDER REFERRED TO THE COMMITTEE ON FINANCE AND THE COMMISSIONER OF PUBLIC WORKS PARKS & STREETS NO. 88 BY BRIAN C DAVIS PERMISSION TO HANG A BANNER ON NIAGARA SQUARE, DELAWARE AVENUE, FRANKLIN STREET AND PEARL STREET Whereas The Niagara Frontier Automobile Dealers Association would like to advertise their Auto Pest on Niagara Square, Delaware Avenue, Franklin Street, Pearl Street and West Genesee Street; and Whereas In order to promote the event, the Niagara Frontier Automobile Dealers Association is requesting permission to hang approximately forty banners on Niagara Square, Delaware Avenue from Niagara Square to West Tupper Street, Franklin Street between Court Street and West Chippewa Street, Pearl Street Between Court Street and West Genesee Street from Niagara Square to Franklin; and Now Therefore Be it Resolved: That the Common Council of the City of Buffalo grant permisi9on to Niagara frontier Automobile Dealers Association to hang banners to advertise their event; and Be It Further Resolved: That said banners would hang from January 12, 2008 through February 12, 2008. Be It Finally Resolved: That the banners meet the legal specifications set forth by the Department of Public Works and that no existing laws are violated. Brian C. Davis Ellicott District Councilmember PASSED AYES - 9 NOES -0 NO. 89 BY: RICHARD A. FONTANA THE TRANSFER OF 1177 E. LOVEJOY Whereas: The request to purchase the parking lot at 1177 E. Lovejoy was made by Ellicott Development Company; and Whereas: In accordance with Section 27 -5 of the City Charter the Common Council must authorize the abandonment and sale of said property; and Whereas: This was put in place so that the city can dispose of properties by appraisal, after it has been determined by various city departments that the property is not needed for a public purpose or development; and Now Therefore Be it Resolved: That all paperwork must be filed with all applicable departments required by the City Law; and Be it Finally Resolved: That the City of Buffalo Common Council request the Division of Real Estate to facilitate the sale of 1177 E. Lovejoy in accordance with all applicable City Laws. ADOPT LAST RESOLVE REMAINDER REFERRED TO SHE COMMITTEE ON FINANCE NO. 90 BY MR. GOLOMBEK, MR. FRANCZYK & MR. FONTANA RE: NAMING THE NEW FEDERAL COURTHOUSE "LT. COLONEL MATT URBAN COURTHOUSE" Whereas: Matt Urban, born, raised, and educated in Buffalo and Western New York, entered the US Army in 1941 and fought in the European theatre during World War II; and Whereas: Urban is known as America's most decorated combat solider, having received 29 U.S., French, and Belgian military decorations, including the highest military decoration awarded by the United States, the Congressional Medal of Honor; and Whereas: Urban's actions on D -Day are characteristic of his valor and courage during war, in that, despite suffering a broken leg in a landing mishap, he manned a machine gun on top of a tank completely exposed to enemy fire and ordered the tank forward, placing devastating fire on the enemy. This action, in the face of enemy fire, galvanized his battalion as they attacked and successfully destroyed the enemy position; and Whereas: In many subsequent encounters, Urban's battlefield leadership skill and his uncanny ability to frustrate German plans caused the enemy to give him the nickname "the Gray Ghost "; and Whereas: When Urban was presented the Congressional Medal of Honor in 1980, President Jimmy Carter described Lt. Col. Matt Urban as "The Greatest Soldier in American History "; and Now Therefore Be It Resolved That the City of Buffalo Common Council urges the United States General Services Administration (GSA) to name the new Federal Courthouse, Lt. Colonel Matt Urban Courthouse, in honor of one of the greatest sons of the City of Buffalo and soldiers in the history of our country. Be It Further Resolved That this Resolution be sent to the United States General Services Administration, United States Senator Charles Schumer, Senator Hilary Clinton, United States Representative Louise Slaughter, and Representative Brian Higgins for their input and support regarding this matter. Be It Finally Resolved That this item be sent to the appropriate Committee for further discussion. ADOPT 1st & 2nd RESOLVE REMAINDER REFERRED TO THE COMMITTEE ON LEGISLATION NO. 91 BY: MS. RUSSELL BUDGET AND PERSONNEL AMENDMENT 04 - AUDIT & CONTROL 1042 -COMPTROLLER 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 04 - Audit & Control -1042 - Comptroller which currently reads: 1 Deputy Comptroller $ 73,209 Is hereby amended to read: I Deputy Comptroller $ 80,209 IT IS HEREBY CERTIFIED, pursuant to Section 3 -I9 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 ANDREW A. SANFILIPPO, COMPTROLLER 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. COMPTROLLER APPROVED AS TO FORM Attachment SOA PASSED AYES - 9 NOES -0 0 [61WYa 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: Gwendolyn Clarke Sue Sims Sharon Fischer Total: 2 ADOPTED UNFINISHED BUSINESS NO. 93 LL Intro No 9 Amending the Charter in Relation to the CC (CCP# 83,11/27) Mr. Bonifacio moved that the above item be taken from the table. Seconded by Mrs. Russell CARRIED Mr. Bonifacio now moved to receive and file said item, Seconded by Mrs. Russell ADOPTED AYES — BONIFACIO, DAVIS, FONTANA, FRANCZYK, GOLOMBEK, KEARNS, LOCURTO, RUSSELL - 8 NOES — SMITH - 1 NO 94 REQUEST RESPONSE IF LOCAL LAW INTRO #9 NEEDING REFERENDUM COM 24 DEC 11 Mr. Bonifacio moved that, the above item be taken from the table. Seconded by Mrs Russell CARRIED Mr. Bonifacio now moved to receive and file said item, Seconded by Mrs. Russell ADOPTED AYES — BONIFACIO, DAVIS, FONTANA, FRANCZYK, GOLOMBEK, KEARNS, LOCURTO, RUSSELL - 8 NOES — SMITH - 1 NO, 96 LL INTRO NO 9 AMENDING CHARTER IN RELATION TO CC COM 39 DEC 11 Mr. Bonifacio moved that the above item be taken from the table. Seconded by Mrs. Russell CARRIED Mr. Bonifacio now moved to receive and file said item, Seconded by Mrs. Russell ADOPTED AYES — BONIFACIO, DAVIS, FONTANA, FRANCZYK, GOLOMBEK, KEARNS, LOCURTO, RUSSELL - 8 NOES — SMITH - 1 NO. 96 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 Thursday January 3, 2008 at 9:45 o'clock AM Committee on Finance Thursday, January 3, 2008 at 10:00 o'clock AM following Civil Service Committee on Comm. Dev. Thursday, January 3, 2008 at 1:00 o'clock P.M. Committee on Legislation Thursday, January 3, 2008 at 2:00 o'clock PM Special Committees (Public Disclaimer): All meetings are subiect 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. 97 On a motion by Mr. Bonifacio, Seconded by Mr. Fontana, the Council adjourned at 2:49 PM GERALD CHWALINSKI CITY CLERK