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08-0318 (2)
No. 6 PROCEEDINGS OF THE CITY OF BUFFALO MARCH 18, 2008 MAYOR Hon. Byron W. Brown COMPTROLLER Andrew Sanfilippo COMMON COUNCIL PRESIDENT OF THE COUNCIL FILLMORE DISTRICT DAVID A. FRANCZYK PRESIDENT PRO TEMPORE SOUTH DISTRICT MICHAEL P. KEARNS MAJORITY LEADER LOVEJOY DISTRICT RICHARD A. FONTANA DISTRICT COUNCIL MEMBERS BRIAN C. DAVIS — ELLICOTT DEMONE A. SMITH — MASTEN MICHAEL J. LO CURTO — DELAWARE JOSEPH GOLOMBEK JR. — NORTH DAVID A. RIVERA- NIAGARA BONNIE C. RUSSELL REGULAR COMMITTEES CIVIL SERVICE COMMITTEE: Bonnie E. Russell Chairman, Brian C. Davis, Michael P. Kearns, David A. Rivera, Joseph Golombek Jr. - Members CLAIMS COMMITTEE: David A. Rivera Chairman, Michael P. Kearns, Richard A. Fontana, Bonnie E. Russell,- Members COMMUNITY DEVELOPMENT COMMITTEE: Michael LoCurto, Chairman, Richard A. Fontana, Joseph Golombek Jr., David A. Rivera, Demone Smith - Members FINANCE COMMITTEE: Michael P. Kearns, Chairman, Brian C. Davis, Michael J. LoCurto, David A. Rivera, Bonnie E. Russell - Members. LEGISLATION COMMITTEE: Joseph Golombek Jr., Chairman, Brian Davis, Richard A. Fontana, Michael LoCurto, David Rivera - Members. Members RULES COMMITTEE: David A. Franczyk, Chairman, Michael P. Kearns, Richard A. Fontana - SPECIAL COMMITTEES BUDGET COMMITTEE: Richard A. Fontana., Chairman, Michael P. Kearns, Michael J. LoCurto, Demone Smith - Members MINORITY BUSINESS ENTERPRISE COMMITTEE - ,Demone Smith Chairman Brian C. Davis, Richard A. Fontana, Joseph Golombek, Jr, David A. Rivera, Members EDUCATION COMMITTEE ;Demone Smith Chairman, Brian C. Davis, Richard A. Fontana, Members WATERFRONT DEVELOPMENT COMMITTEE — Michael P. Kearns, Chairman, Brian C. Davis, Joseph Golombek, jr, David A.Rivera, members i9i►ra11 INVOCATION PLEDGE TO FLAG DATE March 18, 2008 MAYOR - EXECUTIVE 1. Plan Bd- Negative Declaration -2565 Bailey Ave (Lov) R &I 2. Plan Bd- Negative Declaration -108 Sycamore St(Ell) CD 3. Strat Plan- Response to Lease Agreement 326 -328 High(Ell) FIN 4- 3A Strat Plan- Request for Fund Transfer and App of Contract St John Baptist Hospice Buffalo House API 5- 3B Strat Plan- Request for Fund Transfer and App of Contract Bethel Head Start /Day Care Facility API COMPTROLLER 6- 4. Bflo Water Bd Financial Statements Year Ending 6/30/2007 BUDGET 7- 5. Bflo Mun Water Finance Auth Financial Statements Year Ended 6/30/2007 BUDGET 8- 5A Certificate of Necessity- Transfer in Funds - Capital Projects R &F 9- 5B Certificate of Necessity- Increased Appropriation AIM Strat Plan R &F COUNCIL PRESIDENT 10- 6. Letter From NYS Comptroller -Appt SanFilippo to Mun Bond Bank Agency R &F MANAGEMENT INFORMATION SYSTEMS 11- 7. Approval of Contract for A New Telephone System FIN 12- 8. Approval of Contract for the Provision and Installation of Video /Sure Equip FIN PUBLIC WORKS 13- 9. Change in Contract Franczyk Park Site Remediation(Fill) APP 14- 10. Change in Contract Pol Hdq Gar Emer Deck Repair($5,080.00)(EII) APP 15- 11. Change in Contract Pol Hdq Gar Emer Deck Repair($10,411.17)(EII) APP 16- 12. Endor. of the COB's Appl for the Nat Grid 10,000 Trees & Growing" Grant R &F 17- 13. Perm to Hire Consult New Bailey Kens. Fire Station (Univ) APP 18- 14. Resolution Support Author. Submission of Grant Application APP CORPORATION COUNSEL 19- 15. Proposed Amendment -Dunn Tire Park Agreement APP PERMITS AND INSPECTIONS 20- 16. Restaurant Dance License(Renewal) 289 Austin(North) APP 21- 17. Restaurant Dance License(Renewal) 948 Main(Ell) APP W /COND 22- 18. Scrap Processor 127 Fillmore (Fill) LEG 23- 19. Seneca One Parking Ramp 177 Washington (Ell) LEG 24- 20. Wholesale Junk Dealer 127 Fillmore (Fill) LEG ADMINISTRATION AND FINANCE 25- 21. Appt Tel ler(Prov)(Sokolowski) CS HUMAN RESOURCES 26- 22. Addendum to Contract for Police Promotional Examinations FIN 27- 23. Response Appt Chief Economic Dev Officer(Exempt)(Reilly) CS COMMUNITY SERVICES 28- 24. Year 33 Community Development Quarterly Reports 5/1/07 - 7/31/07 CD 29- 25. Year 33 Community Development Quarterly Reports 11/1/07 - 1/31/08 CD 30- 26. Van Purchase FIN CITY CLERK 31- 27. Liquor License Applications R &F 32- 28. Leaves of Absence R &F 33- 29. Notices of Appointment - Seasonal R &F 34- 30. Notices of Appointments- Temp /Prov /Perm CS MISCELLANEOUS 35- 31. D. Boardman US Post Office - Response Proposed St Name Change Sweet Ave LEG 36- 32. LP Ciminelli -Board Packet Documents March 2008 R &F 37- 33. C. Collins- Expiration of Dunn Tire Park Stadium Lease R &F 38- 34. R. Fontana -J. Marsherall- Concerns City Apprentice Program Legislation LEG 39- 35. M. Kearns - Recent Incidents Bflo Public School # 67 ED,BOE,POL 40- 36. M. Kearns -Req NYSDOT provide the COB CC With an Update on Cost of O &M Buffalo Skyway WATERFRONT 41- 37. M. LoCurto- Casino Topics of Discussion CD 42- 38. D. Lokey- Adams -Legal Aide Bureau Monthly Report- February 2008 R &F 43- 39. L. Meckler -NFTA- Response Support for a Downtown Public Market R &F 44- 40. J. Pajak -2 Request Various Depts Responses to Council Comm. FIN 45- 41. A. Thompson -Req Audit of Financial Records BFSA -at Least 3 yrs FIN 46- 41A R.Webster- Regarding No Parking on Colombia St LEG PETITIONS 47- 42. D. Cooper, Agent, Use 427 Elmwood to Reestablish Use of a Sidewalk Cafe(hrg 3 /25)(Niag) LEG,CPBD RESOLUTIONS 80- 42AA Davis HRM -Req NYS Leg. To Pass Bill A.06482 Amend Vehicle Traffic Law PT 81- 42A. Fontana Approve Appl. Nat Grid 10,000 Trees Replanting Incen. APP 82- 43. Kearns NYS Env Quality Rev Act Re South Buffalo Brownfield APP 94- 77,3/4 Bond Res - Bailey- Kensington -Fire Station( #100,2/19) Opportunity Plan ADOPT 83- 43A Kearns Transfer in Funds Capital Projects APP 84- 43B Kearns Increased Appropriation -AIM Strat Plan APP 85- 44. Kearns Appt Asst Leg Aide (Krug) ADOPT 86- 44A.LoCurto Camporee 2008 Waiver of Curfew in Delaware Park 101 -84, 3/4 Bond Res - Emergency Bridge Repairs( #107,2/19) APP LEG, PW,COMM SVS,SPECIAL EVENTS,EC PARKS,CC 87- 45. Rivera Grant Ferry Assoc App to NYS Main St Program ADOPT 88- 46. Russell Direction on Renewal of Operating Lic of Businesses W/I COB LEG,EDPI,CC 89- 46A. Smith, etc Ordinance Amendment - Chapter 194 Food Stores LEG 90- 47. Smith Felicitations /In Memoriam 91- 48. Smith Comm of Deeds - Public Duties DOPT DOPT 92- 49. Smith Comm of Deeds ADOPT TABLE ITEMS 93- 76,3/4 Bond Res - Bailey Ave Bridge Reconstruction (#99,2/19) APP 94- 77,3/4 Bond Res - Bailey- Kensington -Fire Station( #100,2/19) APP 95- 78,3/4 Bond Res - Citywide Arterial Pavement Milling & Resurfacing( #101,2/19) APP 96- 79,3/4 Bond Res - Citywide Parks Improvements( #102,2/19) APP 97- 80,3/4 Bond Res - Citywide Infrastructure Repair /Replacement( #103,2/19) APP 98- 81,3/4 Bond Res - Computers & Technology Various Schools( #104,2/19) APP 99- 82,3/4 Bond Res - Demolition- Emergency Conditions( #105,2/19) APP 100 -83, 3/4 Bond Res - District Heat Distributions System Replacement( #106,2/19) APP 101 -84, 3/4 Bond Res - Emergency Bridge Repairs( #107,2/19) APP 102 -85, 3 /413ond Res - Environmental Remediation Citywide( #108,2/19) APP 103 -86, 3/4 Bond Res -Fire Apparatus Acquisition( #109,2/19) APP 104 -87, 3/4 Bond Res - Humboldt Parkway Streetscape( #110,3/4) APP 105 -88, 3/4 Bond Res -Marcy Casino Restoration( #111,2/19) APP 106 -89, 3/4 Bond Res -New Boilers( #112,2/19) APP 107 -90, 3/4 Bond Res -Outer Harbor - Bridge EIS( #113,2/19) APP 108 -91, 3/4 Bond Res - Planning Neighborhood Infrastructure( #114,2/19) APP 109 -92, 3/4 Bond Res - Reconstruction Various Schools( #115,2/19) APP 110 -93, 3/4 Bond Res - Streets Vehicles(# 116,2/19) APP SUBMISSION LIST OF COMMITTEE ITEMS FOR THE COUNCIL MEETINGS CIVIL SERVICE 48- 1. Com 42 Mar 4 Appts Battalion Chief -( Perm )(Tuberdyke)(Biasillo)(Renaldo) (Roberts)(Brown)(Hayes)(Fire) APP 49- 2. Com 43 Mar 4 Appt- Division Chief (Perm)(Barry)(Fire) APP 50- 3. Com 60 Mar 4 Notices of Appointments- Temp /Prov /Perm (Cty Clk) R &F FINANCE 51- 4. Com 2 Mar 4 Info Bond Resolutions (Mayor) R &F 52- 5. Com 3 Mar 4 Extend Agreement With Dunn Tire Park(Mayor) R &F 53- 6. Com 11 Mar 4 Broadway Market Apts PILOT (Fill)(Strat Plan) APP 54- 7. Com 37 Mar 4 Permission to Hire Consultant- Bridge Washing(PW) APP 55- 8. No 64 Mar 4 M. Kearns - Citizens Bank Escrow Agmt for Hickory Woods Settlement R &F 56- 9. No 47 Jan 22 C. Paladino- Concerns Sale of Main Place Mall Ramp R &F 57- 10. Com 4 Feb 5 Response- Concerns Sale of Main Place Ramp (Bd of Pkg) R &F 58- 11. No 39 Apr 17 N. Bonifacio -M. Gainer - Buffalo ReUse Proposal R &F COMMUNITY DEVELOPMENT 59- 12.Com 14 Mar 4 Resp Acquisition of 516 -518 Spring St (EII)(Strat Plan) R &F 60- 13. Com 17 Mar 4 Results of Neg -365 Box (Fill)(Strat Plan) APP 61- 14. Com 18 Mar 4 Results of Neg -653 East Ferry (Mas)(Strat Plan) APP 62- 15. Com 19 Mar 4 Results of Neg -165 East Parade(Mas)(Strat Plan) APP 63- 16. Com 20 Mar 4 Results of Neg -392 Genesee (EII)(Strat Plan) RECOMMIT 64- 17. Com 21 Mar 4 Results of Neg -599 Goodyear (Fill)(Strat Plan) APP 65- 18. Com 22 Mar 4 Results of Neg -60 Grace (North)(Strat Plan) APP 66- 19. Com 23 Mar 4 Results of Neg -453 Schiller (Lov)(Strat Plan) RECOMMIT 67- 20. Com 24 Mar 4 Results of Neg -140 Shumway (Fill)(Strat Plan) APP 68- 21. Com 26 Mar 4 Results of Neg -174 Titus (Fill)(Strat Plan) APP 69- 22. Com 27 Mar 4 Results of Neg -676 East Utica (Mas) APP 70- 23. Com 28 Mar 4 Results of Neg -1200 West (Nia)(Strat Plan) APP 71- 24. Com 29 Mar 4 Results of Neg -1325 West (Nia)(Strat Plan) APP 72- 25. Com 48 Mar 4 Key Bank Departure From Broadway Market(EDPI) R &F 73- 26. No 40 Feb 5 B. Davis -K. Barnes - Acquisition of 516 -518 Spring Street(Ell) R &F LEGISLATION 74- 27. No 70 Mar 4 J. Palka, Agent, Use 94 Shoshone, for a Ground Sign(Univ)(Hrg 3/11) APP 75- 28. No 71 Mar 4 M. Ulrich, Owner, Use 275 Oak St for a Ground Sign (EII)(No Pub Hrg)APP 76- 29. Com 1 Mar 4 Appointments to the Buffalo Arts Commission (Mayor) R &F 77- 30. No 83 Feb 19 Inspector General Position Must Be Independent (Exec 2 nd Res)(100,09/04)(105,09/18) BUDGET 78- 31. No 38 Sept 18 M. Kearns- G. Greenway Concerns Paving and Curbing on Buffum Street R &F 79- 32. No 74 Dec 26 Second Hand Dealer -1929 South Park(South)(EDPI)(# 53,12/11) APP CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO TUESDAY, MARCH 18, 2008 AT 2:00 P.M. Present - David A. Franczyk, President of the Council, and Councilmembers: Davis Fontana, Golombek, Kearns, LoCurto, Rivera, Russell & Smith - 9 Absent - 0 On a motion by Mr. Fontana, Seconded by Mr.Golombek , the minutes of the stated meeting held on March 4, 2008 were approved. FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE CITY PLANNING BOARD NO. 1 NEGATIVE DECLARATION NOTICE OF DETERMINATION OF NON- SIGNIFICANCE 2565 BAILEY AVE This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (SEAR - State Environmental Quality Review) of the Environmental Conservation Law. Lead Agency City of Buffalo Planning Board Room 901, City Hall 65 Niagara Square Buffalo New York 14202 As per the provisions of SEAR, the Lead Agency has reviewed the following action as it relates to the environment: Action Title Family Dollar Store Location: 2565 Bailey Avenue Type of Action: Unlisted- Uncoordinated Description: Ellicott Development is proposing the rehabilitation of the building located on the property at 2565 Bailey Avenue, Buffalo New York. The renovation to the existing building will include exterior and interior improvements to the former Bells Supermarket that has been vacant for many years. A replacement new metal panel system is proposed for the Bailey Avenue facade and the construction of a new vestibule with double glass entrance doors from the parking lot area. The new facade design will incorporate a flush metal panel system with a newly constructed gable detail at the roofline. A new canopy will be added above the existing receiving doors at the northeast comer of the building. Site improvements also include removing and cleaning up the existing green areas in front of the building on Bailey Avenue and replacing the area with new shrubs and plantings. In the parking area along Bailey Avenue, a landscape buffer will be installed between the public concrete sidewalk and the paved lot. The wood fencing along the East property line will be prepared and or replaced as necessary to provide screening. A new dumpster enclosure will also be added. The existing parking lot will be repaired, topped, sealed and striped. New wall mounted exterior lights will be installed on the building and a new pole with down lighting will be installed in the lot. The existing pylon pole sign will be reused. The project will be privately funded with the estimated cost of this project being approximately 178,000 dollars. As a result of this Environmental Review, the Lead Agency has determined the undertaking of this action will not have a significant adverse affect on the quality of the environment. No further environmental review of this action will be conducted prior to project implementation and a Draft Environmental Impact Statement will not be prepared. Reasons Supporting This Determination: The facts and reasons for this decision are as follows: this project wilt take a long vacant building and create a positive shopping environment for neighborhood residents, The identified potential negative impacts appear to be primarily short -term site preparation and construction related activities, and do not appear to be significant m magnitude or effect, There are no actions, which will have a significant adverse impact on the environment, For further information relative to this Negative Declaration, contact Mr. Martin Grunzweig, Land Use Controls Coordinator, Room 901 City Hall, Buffalo New York 14202 - 716 851 -5085 RECEIVED AND FILED NO. 2 SEQRA NOTICE OF DETERMINATION NON SIGNIFICANCE NEGATIVE DECLARATION 108 SYCAMORE This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (SEAR - State Environmental Quality Review) of the Environmental Conservation Law. City of Buffalo Planning Board Room 901, City Hall 65 Niagara Square Buffalo New York 14202 As per the provisions of SEAR, the Lead Agency has reviewed the following action as it relates to the environment: Action Title Residence, Lake Shore Behavioral Health Location: 108 Sycamore Street Type of Action: Unlisted- Coordinated Description: Lake Shore Behavioral Health is proposing the construction of a residence located at 108 Sycamore Street, Buffalo New York. The project involves the renovation of an existing two story home and the improvement of the adjacent property. The deteriorated rear section of the existing home will be demolished and a new two story addition will be built. When the proposed renovations are complete, this residence will provide sixteen (16) permanent single room occupancy units. The structure will have shared bathrooms, a kitchen, a laundry, common living areas and a twenty- four hour property manager. The total project cost will be approximately 3.5 million dollars. As a result of this Environmental Review, the Lead Agency has determined the undertaking of this action will not have a significant adverse affect on the quality of the environment. No further environmental review of this action will be conducted prior to project implementation and a Draft Environmental Impact Statement will not be prepared. Reasons Supporting This Determination: The facts and reasons for this decision are as follows: this project will take a long vacant home in the Downtown Buffalo area, rehabbing and restoring the structure and surrounding yard areas for a new housing use. The identified potential negative impacts appear to be primarily short -term site preparation and construction related activities, and do not appear to be significant in magnitude or effect. There are no actions, which will have a significant adverse impact on the environment. For further information relative to this Negative Declaration, contact Mr. Martin Grunzweig, Land Use Controls Coordinator, Room 901 City Hall, Buffalo New York 14202 - 716 851 -5085 REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 3 RESPONSE TO LEASE AGREEMENT 326 -328 HIGH ITEM NO. 19, C.CP. 1/8/08 This is in response to Item No. 19, C.C. 1/8/08, which is a copy of a letter to the Office of Strategic Planning, Division of Real Estate dated 11 /11/2007 from Mr. L. Nathan Hare of the Community Action Organization (CAO) and the Fruitbelt Homeowners and Tenants Council, Inc. This letter advises the Office of Strategic Planning, Division of Real Estate that the CAO and Fruitbelt Homeowners and Tenants Council, Inc. have formed a partnership and as a result the CAO is requesting to lease 326- 328 High along with 3 additional lots (330, 332 & 334 High). Upon receiving the above referenced letter from the CAO and the Fruitbelt Homeowners and Tenants Council, the Division of Real Estate contacted Mr. Hare, Executive Director of the CAO and as a result of our conversations we submitted Item No. 13, CCP 1/22/08 (which includes the additional lots requested) for your approval. The Common Council referred this item to the Committee On Finance and as of this writing said item is still in the Committee on Finance. I am attaching a copy of said item for your information. REFERRED TO THE COMMITTEE ON FINANCE, NO.4 REQUEST FOR FUND TRANSER AND APPROVAL OF CONTRACT ST. JOHN BAPTIST HOSPICE BUFFALO HOUSE The Office of Strategic Planning is requesting this honorable body authorize the transfer of $300,000 from the Grow Buffalo Fund to the Buffalo Economic Renaissance Corporation for the construction of the St. John Baptist /Hospice Buffalo House. The Office of Strategic Planning also requests that this honorable body approve the necessary contract required to transfer the funds. The project is being developed by a partnership of Hospice Buffalo and St. John Baptist Fruitbelt Community Development Corporation. The facility will open in June 2008. Description of the Partners Hospice Buffalo is a not - fur - profit corporation certified and licensed by the New York State Department of Health, that serves Erie County, New York. The Center for Hospice & Palliative Care is Hospice Buffalo's parent company. More than 500 patients a day are receiving hospice and palliative care services from Hospice. St. John Baptist Froitbelt Community Development Corporation is a non - profit development corporation created by St. John Baptist Church, located in Buffalo's East Side. The church is Buffalo's largest inner -city community church with 3000 members. Like other inner - city communities, the Fruit Belt is experiencing an increasing geriatric population, which requires better understanding of and access to both general health care and end -of -life services. Project Summary Hospice Buffalo, the Center's certified hospice program, and St. John Baptist Church are constructing a community -based hospice residential service or = eight -bed Hospice House." The "St. John Baptist /Hospice Buffalo House" will provide increased access to, and improve end -of -life services for minorities in the "Fruit Belt" neighborhood in Buffalo's lower East Side and the broader African .American community. The total project cost is $2.8 million. Most of the funding has been raised; the remaining $300,000 Grow Buffalo funding will close the funding gap. The facility will have 24 new employees. Emphasis will be given to hire neighborhood and city residents. This project is one of the first components of the St. John's Fruit Belt Revitalization Project, a plan to infuse urban redevelopment into an impoverished eastside community. The project sets a precedent in that it is the first time in the United States that a hospice program and a spiritual organization have combined efforts to improve end -of -life care, as well as address the spiritual, end -of -life transitional needs of a minority community. The "Hospice House" will be owned by the church and leased to Hospice. Hospice Buffalo will direct the operations of the program under its New York State Hospice Certification and Licensure. The National Hospice & Palliative Care Organization has endorsed the project and recognizes that it represents the first time a faith - based community and a community -based hospice have partnered to create a residence that will significantly improve minority access to quality end -of -life services. I am recommending that your Honorable Body authorize the City's provision of $300,000 in grant funding to BERC in order to enable BERC to provide said funding to the St, John Baptist Hospice Buffalo House Project end that your Honorable Body further authorize the Mayor on behalf of the City to enter into an Agreement (in substantially the form attached hereto) with BERC to facilitate the said $300,000 funding for the St. John Baptist Hospice Buffalo House Project and that your Honorable Body further authorize the Mayor and all other pertinent City personnel to take such action and execute such documents as are appropriate to carry out the intention of the City to fund the $300,000 for the St. John Baptist Hospice Buffalo House Project. Mr. Fontana moved That the Council hereby authorizes the provision of $300,000 in grant funding to BERC in order for BERC to provide said funding to the St John Baptist Hospice Buffalo as specified in the attached funding agreement PASSED AYES -9 NOES -0 NO. 5 REQUEST FOR FUND TRANSER AND APPROVAL OF CONTRACT BETHEL HEAD START /DAYCARE FACILITY The Office of Strategic Planning is requesting this honorable body authorize the transfer of $125,000 from the Grow Buffalo Fund to the Buffalo Economic Renaissance Corporation (BERC) for the construction of the Bethel Head Start]Daycare Facility. The Office of Strategic Planning also requests that this honorable body approve the necessary contract required to transfer the funds. The project is being developed by Bethel Community Development Corporation and will be leased to Bethel Head Start, Inc. The facility will open in May 2008. Project Summary The Bethel Daycare Center is being designed as a newly constructed, single -story, multipurpose facility, which will have space to accommodate 4 Head Start classrooms and extended day care classroom. It is envisioned that the project will be modular construction with construction oversight by a construction manager. Design and construction management services will be completed by Foit Albert Associates. The facility will have 20 new employees. Emphasis will be given to hire neighborhood and city residents. The site will accommodate the following activities: Education, Food Service, Maintenance, Indoor Motor Skills, Administrative offices along with space to accommodate the Center's reception area, comfort facilities and mechanical /electrical rooms. The exterior of the building will include a gross motor skills area, with fenced in playground, shelter, and garden. The facility will provide space for 112 Head Start students and 20 child care slots and consist of 9,300 square feet. The Bethel Center is part of a long -term strategy to revitalize the Cold Springs neighborhood and will be located at 1424 Jefferson Avenue, in the heart of the Jefferson Avenue CARE Program Area. The revitalization plan for the area includes new residential construction, rehabilitation of existing homes and economic development initiatives in concert with improving educational opportunities in the neighborhood. The plan to redevelop the Cold Springs neighborhood and build a new Head Start facility has received tremendous support from the community. Total development cost is $1,718,631. Most of the funding has been raised; the remaining $125,000 Grow Buffalo funding will close the funding gap. I am recommending that your Honorable Body authorize the City's provision of $125,000 in grant funding to BERC in order to enable BERC to provide said funding to the Bethel Head Start / Daycare Center Project and that your Honorable Body further authorize the Mayor on behalf of the City to enter into an Agreement (in substantially the form attached hereto) with BERC to facilitate the said $125,000 funding for the Bethel Head Start / Daycare Center Project and that your Honorable Body further authorize the Mayor and all other pertinent City personnel to take such action and execute such documents as are appropriate to carry out the intention of the City to fund the $125,000 for the Bethel Head Start / Daycare Center Project. Mr. Fontana moved That the Council hereby authorizes the provision of $125,000 in grant funding to BERC in order to enable BERC to provide said funding to the Bethel Headstart /Daycare Center as provided in the attached funding agreement between the City and BERC PASSED AYES -9 NOES -0 FROM THE COMPTROLLER NO. 6 BUFFALO WATER BOARD BASIC FINANCIAL STATEMENTS AND REQUIRED [:SUPPLEMENTARY INFORMATION AS OF AND FOR THE YEAR ENDED JUNE 30, 2007 This is to advise that copies of the Audited Financial Statements and Other Financial Information of the Buffalo Water Board for the year ended June 30, 2007, and Report of Independent Auditors, Deloitte & Touche, LLP, have been distributed to members of the Buffalo Water Board, the Buffalo Fiscal Stability Authority, the City Clerk, the Mayor, the Comptroller, the Division of Accounting and the Budget Office. This report is available as a public record for inspection by all interested parties. Pursuant to Section 35 of the General Municipal Law, the Common Council of the City of Buffalo may, at its discretion, prepare a written response to the report of external audit and file such response with the City Clerk as a public record for inspection by all interested persons. REFERRED TO THE SPECIAL COMMITTEE ON BUDGET NO. 7 BUFFALO MUNICIPAL WATER FINANCE AUTHORITY [:BASIC FINANCIAL STATEMENTS AND REQUIRED [:SUPPLEMENTARY INFORMATION AS OF AND FOR THE YEAR ENDED JUNE 30, 2007 This is to advise that copies of the Audited Financial Statements and Other Financial Information of the Buffalo Water Finance Authority for the year ended June 30, 2006, and Report of Independent Auditors, Deloitte & Touche, LLP, have been distributed to members of the Buffalo Water Board, the Buffalo Fiscal Stability Authority, the City Clerk, the Mayor, the Comptroller, the Division of Accounting and the Budget Office. This report is available as a public record for inspection by all interested parties. Pursuant to Section 35 of the General Municipal Law, the Common Council of the City of Buffalo may, at its discretion, prepare a written response to the report of external audit and file such response with the City Clerk as a public record for inspection by all interested persons. REFERRED TO THE SPECIAL COMMITTEE ON BUDGET NO. 8 CERTIFICATE OF NECESSITY TRANSFER IN FUNDS CAPITAL PROJECTS We, Byron W. Brown, Mayor and Andrew A. SanFilippo, Comptroller, do hereby certify, pursuant to §20 -12 of the Charter, that the sum of $200,000 be transferred and reappropriated in Capital Improvements. The details of the requirements are set forth below: From: 30000106 - 445100 Planning Capital Projects $200,000 To: 35320806 - 445100 City Court Reconstruction $200,000 RECEIVED AND FILED NO. 9 CERTIFICATE OF NECESSITY INCREASED APPROPRIATION AIM STRATEGIC PLANNING We, Byron W. Brown, Mayor and Andrew A. SanFilippo, Comptroller, do hereby certify, pursuant to §20 -51 of the Charter, that an increase in the sum of $425,000 in the estimate for the fiscal year beginning July 1, 2007 is necessary in Strategic Planning 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 increased revenue in the account titled NYS Aid Incentive to Municipalities, not otherwise appropriated for any other purpose. The details of the requirements are set forth below: That, the Comptroller be and hereby is authorized and directed to increase the revenue estimate for account: From: 10700010 - 335009 NYS Aid Incentive to Municipalities (AIM) $425,000 To: To meet the increased appropriation as set forth below: 10309006 - 480000 Strategic Planning- Other Services $425,000 RECEIVED AND FILED FROM THE PRESIDENT OF THE COUNCIL NO. 10 RE: LETTER FROM NY STATE COMPTROLLER DINAPOLI Please file the attached letter from NYS Comptroller DiNapoli, pertaining to the appointment of Buffalo Comptroller Andy Sanllippo's recent appointment to the Municipal Bond Bank Agency. Please file tile item for the next Common Council session on March 18, 2008. Thank you for your attention to this matter. News article available for review in The City Clerk's Office RECEIVED AND FILED FROM THE COMMISSIONER OF MANAGEMENT INFORMATION SYSTEMS NO. 11 APPROVAL OF A CONTRACT FOR A NEW TELEPHONE SYSTEM # 18 C.C.P. 01/22/08 The City's new telephone system that is based upon voice over internet protocol (VOIP) will save the City $556,000.00 annually in hard savings. The $556,000.00 in savings is based upon the fact that for the last twelve months our actual bills for our telephones and usage was $744,000.00. This cost will be eliminated and replaced with equipment maintenance of $103,000 and a data circuit for $85,000.00. The efficiency grant mentioned several soft benefits associated with moving all of our employees from 1970's telephone technology to modern technology but I am hesitant to monetize that value since we are not planning on eliminating any headcount or overtime. As part of the new technology, we will be eliminating the maintenance costs associated with multiple automated call distribution (ACID) and voice mail systems that are paid for by various departments. I have not included those additional costs savings within this analysis since they did not materially drive the decision. REFERRED TO THE COMMITTEE ON FINANCE NO. 12 APPROVED CONTRACT FOR THE PROVISION AND INSTALLATION [:OF VIDEO SURVEILLANCE EQUIPMENT AND SUPPORT. # 2 C.C.P. 10/30/07 The economic benefits associated with the City Wide Surveillance Cameras can not at this time be with specific certainty be monetized. However, following is a discussion of the mechanism -of- action that describes how this project will drive prosperity, economic development, and increase property tax revenues as direct results of an influx of new residents. The City Wide Surveillance Cameras initiative has four basic components. These are an initial implementation of sixty cameras, an outdoor events trailer, a video operations command center, the ability to view surveillance video and other data within 200 police cruisers, and a multi - purpose cellular tower. The location of the initial sixty cameras was selected to meet three basic public safety needs of improved quality of life within the business districts, criminal activity displacement and dispersion, and protecting our manufacturing base from a homeland security perspective as a border. To the extent that surveillance cameras in business district drives positive quality of life experiences, the existing businesses will grow from greater trade. Also, as quality of life improves in these areas more businesses are likely to enter this vibrant business area. Effective use of the surveillance cameras to gather admissible evidence of criminal activities at specific locations, will allow more convictions and removal of criminals at those locations. As the criminal element is displaced some will move outside of the City and others will replace their income from criminal behaviors with lawful work. As the criminal element leaves a neighborhood more law abiding people wilt take residence there. As a border City, we will place a certain number of surveillance cameras to protect our manufacturing plants from sabotage. As part of the video operations command center, we have provided for specialized software that will proactively alert the police officers to suspicious activities so that an officer can respond prior to an act of sabotage. According to a news article in the Buffalo News, some residents joined into the festivities of "First Night" that had not done so prior years because of the security they felt from the presence of our outdoor event's trailer. At some point in the near future, the Police Department using our own multi - purpose cellular tower will be able in an emergency situation to cost effectively view video surveillance from internal cameras from third party facilities such as hospitals. Also, we will be able to display both live as well as pre- recorded video in all 200 of police cruisers when the officers are responding to an emergency regardless of if the video source is from one of our own cameras or an affiliated camera. REFERRED TO THE' COMMITTEE ON FINANCE, FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO. 13 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. Provide additional services for January and February Add $28,100.00 2008 Soil Investigations. The foregoing change results in a net increase in the contract of Twenty Eight Thousand One Hundred and 00/100 Dollars ($28,100.00). Summary: Current Contract Amount Add $458,431.00 Amount of the Change Order #6 Add $ 28,100.00 Revised Contract Amount $486,531.00 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. Fontana moved: That the above communication from the Acting Commissioner of Public Works, Parks and Streets dated March 4, 2008, 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. 6, to TVGA Consultants, Inc., an increase in the amount of $28,100.00, 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. 14 CHANGE IN CONTRACT POLICE HEADQUARTERS GARAGE EMERGENCY DECK REPAIR JOB #0802 ELLICOTT DISTRICT ITEM NO. 26, CCP01/22/08 Due to the deck failure in the parking garage and emergency asbestos abatement, I have approved the following emergency changes for the Police Headquarters Garage, Emergency Deck Repair, General Construction, C. Nichter, Inc., PO #19006409. 1. Additional concrete work required; remove and replace 48 SF. Add $5,080.00 The foregoing change results in a net increase in the contract of Five Thousand Eighty and 00/100 Dollars ($5,080.00). Summary Current Contract Amount $32,711.17 Amount of this Change Order ( #2) Add $5,080.00 Revised Contract Amount $37,891.17 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 13296006- 443200 Division of Buildings. Mr. Fontana moved: That the above communication from the Acting Commissioner of Public Works, Parks and Streets dated March 13, 2008, 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, to C. Nichter, Inc., an increase in the amount of $5,080.00, as more fully described in the above communication, for work relating to Police Headquarters Garage, Emergency Deck Repair, Job #0802, PO #19006409. Funds for this project are available in 13296006- 443200 Division of Buildings. PASSED AYES -9 NOES -0 NO. 15 CHANGE IN CONTRACT POLICE HEADQUARTERS GARAGE EMERGENCY DECK REPAIR JOB #0802 ELLICOTT DISTRICT ITEM NO. 26, CCP01/22/08 Due to the deck failure in the parking garage and emergency asbestos abatement, I have approved the following emergency changes for the Police Headquarters Garage, Emergency Deck Repair, General Construction, C. Nichter, Inc. 1. Electrical: Updating newly exposed existing electrical wiring to comply with existing building codes. Add $2,564.10 2. Ceiling Finish: Install new suspended ceiling grid and acoustical tile in area demolished to facilitate asbestos Add $2,718.87 abatement 3. Fireproofing: Install new spray on fireproofing to existing steel beams required by N.Y.S. Building Code. Add $5,128.20 The foregoing change results in a net increase in the contract of Ten Thousand Four Hundred Eleven and 17/100 Dollars ($10,411.17). Summary Current Contract Amount $22,400.00 Amount of This Change Order ( #2) Add $10,411.17 Revised Contract Amount $32,811.17 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 13296006- 443200 Division of Buildings. Mr. Fontana moved: That the above communication from the Acting Commissioner of Public Works, Parks and Streets dated March 7, 2008, 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, to C. Nichter, Inc., an increase in the amount of $10,411.17, as more fully described in the above communication, for work relating to Police Headquarters Garage, Emergency Deck Repair, General Construction, Job #0802. Funds for this project are available in 13296006- 443200 Division of Buildings. PASSED AYES -9 NOES -0 NO. 16 ENDORSEMENT OF THE CITY OF BUFFALO'S APPLICATION FOR THE NATIONAL GRID "10,000 TREES ... AND GROWING GRANT National Grid offers assistance to communities of Western New York in a special replanting incentive program available through March 31, 2008. Cities that sustained tree losses or damages in the October 2006 snow storm may be reimbursed in the amount of $50 per tree replanted under overhead electric lines. The City of Buffalo replanted 100 trees in the Fall of 2007 which meet the assistance guidelines. The Department requests your Honorable Body to take immediate action to Approve the City of Buffalo's application for $5,000 in funding for reimbursement of trees planted under National Grid wires and to authorize all other actions required to receive the grant. In the interest of time and anticipating that Your Honorable Body is willing to expedite this matter, I have taken the liberty to prepare a Resolution for your consideration. RECEIVED AND FILED NO. 17 PERMISSION TO HIRE CONSULTANT NEW BAILEY KENSINGTON FIRE STATION CONSTRUCTION JOB #0810 UNIVERSITY DISTRICT ITEM NO. 98, CCP 10/28/03 Permission is hereby requested from Your Honorable Body to retain a consultant to prepare plans and specifications and provide construction oversight for the Construction of the New Bailey Kensington Fire Station. This project was approved as part of the Capital Improvement Plan. The cost of these services are estimated to not exceed $225,000.00 and funds are available in 30320206 445100 - Buildings. Mr. Fontana moved: That the above communication from the Acting Commissioner of Public Works, Parks and Streets dated February 29, 2008 be received and filed; and That the Acting Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to retain a consultant to prepare plans and specifications and provide construction oversight for the Construction of the New Bailey Kensington Fire Station. Funds are not expected to exceed $225,000 and are available in 30320206 445100 - Buildings. PASSED AYES -9 NOES -0 NO. 18 RESOLUTION OF SUPPORT AUTHORIZING SUBMISSION OF GRANT APPLICATION ITEM #38, CCP 3/4/08 Be it Resolved That; The previous resolution authorizing David A. Hornung, PhD, P.E., Acting City Engineer of the City of Buffalo Department of Public Works, Parks and Streets to file an application for funds from the Aquatic Invasive Species Eradication Grant Program in an amount not to exceed $15,562.00 and upon approval of said request to enter into and execute a State Assistance contract with the New York State Department of Environmental Conservation is hereby amended to increase the amount of said contract to $18,036.00. This amendment is required to reflect the original amount specified by the NYS -DEC as opposed to the amount actually required to comply with the requirements of the program. Mr. Fontana moved: That the above communication from the Acting Commissioner of Public Works, Parks and Streets dated March 7, 2008 be received and filed; and That the Acting Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to file an application for funds from the Aquatic Invasive Species Eradication Grant Program in an amount not to exceed $15,562.00 and upon approval of said request that he be authorized to execute a State Assistance contract with the New York State Department of Environmental Conservation is hereby amended to increase the amount of said contract to $18,036.00. PASSED AYES -9 NOES -0 FROM THE CORPORATION COUNSEL NO. 19 DUNN TIRE PARK In anticipation of the Finance Committee meeting scheduled for tomorrow, I am enclosing the proposed Amendment to the Stadium Sublease and the Amendment to the Second Sublease. These agreements represent the final proposals after continued negotiations over language following the filing of the agreements on March 4, 2008. The terms as set forth in the communication of March 4, 2008 have not been modified. Given that the current lease is due to expire on March 31, 2008, representatives from the Bisons as well as negotiators for the City are available to discuss this item and address any issues you may have with the item at this time. Very truly yours, Alisa A. Lukasiewicz Corporation CoJansel John Heffron Assistant Corporation Counsel Mr. Fontana moved: That the above communication from the Department of Law dated March 10, 2008, be received and filed; and That the Mayor be, and he hereby is authorized to execute the Amendment to the Sublease Agreement dated January 1, 2003 and the Amendment to the Stadium Lease Agreement dated February 25, 1986 as amended by a certain Agreement, dated October 20, 1993 upon the terms and conditions detailed in the communication from the Department of Law. PASSED AYES -9 NOES -0 FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT & INSPECTION SERVICES NO. 20 RESTAURANT DANCE LICENSE (RENEWAL) 289 AUSTIN (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 289 Austin (Pokey Joe's Club Bar) for which said renewal application for a Restaurant Dance Class HI license is being sought by David Raasch 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. Mr. Fontana moved: That the above communication from the Department of Economic Development, Permit and Inspections Services dated February 25, 2008, 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 renew a Restaurant Dancing Class License to David Raasch d /b /a Pokey Joe's Club Bar located at 289 Austin. PASSED AYES -9 NOES -0 NO. 21 RESTAURANT DANCE LICENSE (RENEWAL) 948 MAIN (ELLICOTT) Pursuant to Chapter 150 of the City of Buffalo Ordinances, please be advised that I have caused an investigation into the premises located at 948 Main (Ms. Kitty's Martini Bar /Patio) for which said renewal application for a Restaurant Dance Class I & II license is being sought by Roslyn Righetti 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. Approve with the following conditions: There will be no one under the age of 21 years old permitted after 10:00pm If present, graffiti must be removed from exterior of establishment within 72 unless employed by establishment (No Co- mingling of Patrons) hours Exterior of premise must be cleaned and free of debris by 7:OOam each morning this shah include removal of trash from any receptacles in front or adjacent to property There shall be no plastic banners and /or non permanent signage displayed between the hours of 7:OOam - 9:OOpm daily There shall be no outdoor music allowed Mr. Fontana moved That the above item be approved with conditions PASSED AYES -9 NOES -0 NO. 22 SCRAP PROCESSOR 127 FILLMORE ( FILLMORE) Pursuant to Chapter 254 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Scrap Processor Dealer License located at 127 Fillmore and find that as to form is correct. I have caused an investigation into the premises for which said application for a Scrap Processor Dealer License is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspections, I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of George Ostendorf. The attached thereto for George Ostendorf d /b /a Metalico Buffalo Inc. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 23 SENECA ONE PARKING RAMP- 177 WASHINGTON ST. :#42 CCP FEBRUARY 5, 2008 This is a reply to a letter from Mr. Stephen P. Fitzmaurice from Seneca One Realty LLC regarding the Seneca One Parking Ramp located at 177 Washington Street in which Mr. Fitzmaurice seeks relief from real property taxes that will now be imposed upon this property as a PILOT expires. I spoke to Mr. Fitzmaurice regarding this matter and advised him that the City of Buffalo cannot grant any relief from real property taxes. PILOT agreements are authorized by state law and can be granted by industrial development agencies. Mr. Fitzmaurice was advised to contact ECIDA to discuss this matter. He was advised that PILOTs are designed to provide relieve from real property taxes for a defined period of time and then to expire. They are not intended to, and under state law cannot, grant permanent real property tax benefits. The details of what is authorized by state law will be explained by ECIDA staff. REFERRED TO THE COMMITTEE ON LEGISLATION. NO. 24 WHOLESALE JUNK DEALER 127 FILLMORE (FILL) Pursuant to Chapter 254 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Wholesale Junk Dealer License located at 127 Fillmore and find that as to form is correct. I have caused an investigation into the premises for which said application for a Wholesale Junk Dealer License is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspections. I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of George Ostendorf The attached thereto for George Ostendorf d /b /a Metalico Buffalo Inc. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION, FROM THE COMMISSIONER OF ADMINISTRATION, FINANCE, POLICY & URBAN AFFAIRS NO. 25 CERTIFICATE OF APPOINTMENT Appointment Effective: in the Department of Division of to the Position of Teller, Provisional appointment at the second step of $28,514.00 Kristie Sokolowski, 87 McKinley Pkwy, Buffalo, NY 14220 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF HUMAN RESOURCES NO. 26 ADDENDUM TO CONTRACT FOR POLICE PROMOTIONAL EXAMINATIONS Attached is an addendum to the Police promotional examination contract with 1/0 Solutions. The additions are needed to successfully administer the exam process. In the original contract with the examiner (1 /0 Solutions), the role of assessors (who role play and score candidates) and hotel (test site) were not addressed. Without assessors or the hotel, the test would be incomplete and hinder the promotional hiring process. The costs, not to exceed $70,000.00, will come from our Engineering and Technical Services accounting line. REFERRED TO THE COMMITTEE ON FINANCE NO. 27 "START PLAN- APPT CHIEF ECONOMIC DEVELOPMENT OFFICER (EXEMPT) (REILLY)" #31C.C.P. MAR. 4 2008 In response to your inquiry of March 5, 2008 regarding the appointment of Brian Reilly to the above title, be advised that at the request of Mayor Brown, a 3 month residence waiver was granted to Mr. Reilly, as allowed by Rule 10 of the Rules for the Classified Civil Service for the City of Buffalo, REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF COMMUNITY SERVICES & RECREATIONAL PROGRAMMING NO. 28 YEAR 33 COMMUNITY DEVELOPMENT QUARTERLY REPORTS (MAY 1 2007 TO JULY 31 Attached please find Quarterly Reports for Year 33 Community Development Block Grant funded Public Service Agencies including four Fair Housing Contracts. These Community Based Organizations provide various Public Service needs though the City of Buffalo. Services include, but are not limited to Youth, Senior Citizens, Cultural Enrichment, Literacy and Special Needs (Physically or Mentally Handicapped). REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 29 YEAR 33 COMMUNITY DEVELOPMENT QUARTERLY REPORTS (NOVEMBER 1, 2007 TO JANUARY 31, 2008) Attached please find Quarterly Reports for Year 33 Community Development Block Grant funded Public Service Agencies including four Fair Housing Contracts. These Community Based Organizations provide various Public Service needs though the City of Buffalo. Services include, but are not limited to Youth, Senior Citizens, Cultural Enrichment, Literacy and Special Needs (Physically or Mentally Handicapped). REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 30 VAN PURCHASE The Department of Community Services & Recreational Programming is requesting to purchase a vehicle (12 passenger van) estimated cost is $22,000 for Division for Senior Services. REFERRED TO THE COMMITTEE ON FINANCE FROM THE CITY CLERK 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 Owner's Name 120 Church St Adam's Mark Hotel W2007 MVP Buffalo LLC 775 Main Street TABU Carl Bonetto 1458 Hertel Avenue 1458 Hertel 51 West Chippewa Street Brinks 76 Pearl St 1st FL Pearl St Brewing Co Earl Ketry 76 Pearl St 2nd FL Pearl St Brewing Co Earl Ketry 76 Pearl St 3rd FL Pearl St Brewing Co Earl Ketry 76 Pearl St 4 h FL Pearl St Brewing Co Earl Ketry 76 Pearl St ist F1 Expansion Pearl St Brewing Co Earl Ketry 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: Common Council- Amanda Andersen RECEIVED AND FILED. NO. 33 NOTICES OF APPOINTMENTS - SEASONAL /FLAT I transmit herewith certificates received by me, reporting seasonal and flat salary appointments made in various departments. RECEIVED AND FILED. CERTIFICATE OF APPOINTMENT Appointment effective 3/3/08 in the Department of Public Works, Division of Streets to the Position of Laborer 11, Seasonal appointment at the Flat starting salary of $11.11 Michael Pratt, 813 Amherst St, Buffalo, NY 14216 CERTIFICATE OF APPOINTMENT Appointment effective 3/5/08 in the Department of Public Works, Division of Streets to the Position of Laborer 11, Seasonal appointment at the Flat starting salary of $11.11 Michael Tedesco, 131 Fordham Dr, Buffalo, NY 14216 Elliott Adams, 98 Weston Ave, Buffalo, NY 14215 Bernard Chaney, 265 Hazelwood, Buffalo, NY 14215 CERTIFICATE OF APPOINTMENT Appointment effective 3/10/08 in the Department of Public Works, Division of Engineering to the Position of Laborer 11, Seasonal appointment at the Flat starting salary of $11.11 Lynn Pinkard, 111 Manhattan Avenue, Buffalo, NY 14215 CERTIFICATE OF APPOINTMENT Appointment effective 3/11/08 in the Department of Public Works, Division of Streets to the Position of Laborer 11, Seasonal appointment at the Flat starting salary of $11.11 Andrew Boris, 278 Tuscarora Road, Buffalo, NY 14220 CERTIFICATE OF APPOINTMENT Appointment effective 3/13/08 in the Department of Public Works, Division of Engineering to the Position of Laborer 11, Seasonal appointment at the Flat starting salary of $11.11 Curtis McNally, 696 Taunton, Buffalo, NY 14214 NO. 34 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 3/3/08 in the Department of Public Works, Division of Streets to the position of Truck Driver, Provisional appointment at the minimum Starting Salary of $27,646 James Evans, 702 LaSalle Avenue, Buffalo, NY 14215 CERTIFICATE OF APPOINTMENT Appointment effective 3/3/08 in the Department of Public Works, Division of Streets to the position of Truck Driver, Provisional appointment at the minimum Starting Salary of $27,178 Antionette Cunningham, 288 Hempstead Avenue, Buffalo, NY 14215 NON - OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON - OFFICIAL COMMUNICATIONS NO. 35 D. BOARDMAN- RESPONSE - PROPOSED STREET NAME CHANGE SWEET AVE Dear Mr. Jaskula: This is in reply to your recent correspondence requesting comments regarding "Proposed Street Name Change - Sweet Avenue" (Fill( #41 C.C.P. Mar. 4, 2008). The proposal requests a name change from Sweet Avenue to "Madinah Avenue." While a street name change can be made in our national directory of addresses (actually, we can keep "Sweet Avenue" and add "Madinah Avenue" as an alias), the renaming of streets is discouraged by the Postal Service because it inevitably results in major, long- term service disruptions, increased handling costs, and dissatisfied customers. Here are some reasons for our position: The fact is, many businesses and mail service providers use address - matching software in the production of mail, and even though we can add the new street name to our national directory, it will take months before their software catches up to the street name change. For the Postal Service and the affected residents, the issue here is far more complicated than simply telling a letter carrier on Sweet Avenue that the name has changed. The postal system is a complex network of the U. S. Postal Service and millions of mailers. Our concerns for customer service are related not only to the accurate delivery of mail - but also to the efficient production, and sortation, and distribution of mail by business mailers prior to its entry into our network. In addition, as we have noted before, street name changes confuse out -of -town residents, whose maps do not have the new street name. Likewise for electronic address locating systems like Mapquest and other directory web sites. Everyone affected by a street name change may have to redo important legal documents, including mortgages, deeds, licenses, etc., and for some items, probably at personal expense, and they will have to notify all their correspondents - a time consuming endeavor. Accordingly, we concur with the recommendation of David A. Hornung, P.E., Acting City Engineer. We continue to endorse the concept of adding "trailblazer" signs beneath the current street signs to honor individuals or landmarks, rather than renaming streets. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 36 MEMORANDUM BOARD PACKET DOCUMENTS Attached are the following documents from the Joint Schools Construction Board meeting scheduled on March 3, 2008: 1. Draft Agenda 2. Meeting Minutes and attachments from JSCB Meeting dated February 4, 2008 3. Phase III Application and Certificate for Payment No. 11 - February 2008 4. Fully Executed Phase III Application and Certificate for Payment No. 10R - January 2008 5. Program Packaging and Development Services (PPDS) Provider Update 6. Bevlar & Associates Inc. Construction Contract Monitoring and Compliance Services Monthly Report for Addendum 1 Phase III Project - January 2008 7. Inclusion Development Associates, Inc. Construction Contract Compliance Monitoring Monthly Report for Phase HI - January 2008 RECEIVED AND FILED NO. 37 EXPIRATION OF DUNN TIRE STADIUM LEASE Dear Mr. Dandes: ! recognize that the Bisons are a regional recreational and entertainment asset advancing trade and commerce, thereby benefiting entire Buffalo Niagara Region. the residents of the County of Erie, the City of Buffalo and the However, I have determined that the County of Erie will not be a patty to an extension of the Sublease and Second Sublease by and among Bison Baseball, Inc., the County of Erie and City of Buffalo, both of which were executed as of January I, 2003 and expire at the end of March 2008. Nonetheless, I wish to advise that the County of Erie, to the extent permit— by law, shall use its best efforts to provide for the 2008 Bisons baseball season, the County services identical to those provided under Section 7.2 of the Second Sublease with regard to making "... welfare or other workers not employed by the County available to the Stadium at no cost to the Bisons through an appropriate not - for - profit entity, for the purpose of pre -event and post -event cleanup of the Stadium ... ". As was provided under Section 7.2 of the Second Sublease, any provision of such workforce will be subject to all current and future laws, rules, regulations and labor contracts involving the County and /or the City of Buffalo. Arrangements for providing such workers to the Bisons may be made by contacting Michael Weiner, Erie County Commissioner of the Department of Social Services, Rath Building, Room 811, 95 Franklin Street, Buffalo, New York 14202; telephone number 858 -7511. RECEIVED AND FILED NO. 38 CITY APPRENTICE PROGRAM LEGISLATION Dear Mr. Fontana, It has now been over 7 months since I spoke to the council regarding the Apprentice Program legislation for the City of Buffalo. At this time it appears that the council has still has not been able to address this issue. The busy bidding season is now right around the corner and it is hard to understand why the city appears to not want to redefine this legislation. In its current form, the law is definitely not in the best interests of the residents of the City of Buffalo. I'm sure that if the residents of the city understood what this legislation entailed, would strongly question its purpose. As it is now, the law makes it more difficult for the Public Works Department to get work accomplished as it greatly limits the pool of contractors eligible to bid. This again will naturally cause the price of the work to increase, increase delays in getting the work done and affect the quality of the eventual product. This can be confirmed through Mike Zera, Senior Engineer in Public Works. Since I addressed the council in July, New York State has made changes to its apprenticeship program putting a freeze on addressing any new applications for companies trying to establish their own program. Based on this, our company is totally shut out of bidding to the City as we now can't start an apprenticeship program even if we wanted to. How can this be fair? Our country was built on the premise of free enterprise and open competition. The current apprenticeship legislation has stymied that spirit. As I also discussed, with the type of work our company performs for the city, the requirement of the current apprenticeship legislation will not be effective in training residents of the city. If this training is the real intent of the city, there are better ways to accomplish it. Again, I ask you to reconsider this legislation and do what would be in the best interest of the entire city and all it residents. Please feel free to contact me to discuss further @ 583 -2329. REFERRED TO THE COMMITTEE ON LEGISLATION. NO. 39 RECENT INCIDENTS AT BUFFALO PUBLIC SCHOOL #67 Dear Mr. Chwalinski: I am concerned about the safety of our children at City of Buffalo Schools. Recent incidents at Discovery School #67 have been brought to my attention by parents. File the attached items for further consideration at the next Common Council session to be held March 18, 2008. Please refer to the Education Committee for further discussion at a special meeting. Your assistance is greatly appreciated. Buffalo school officials met with angry parents from Discovery School 67 on Wednesday night about allegations that a classroom aide fondled a 5- year -old autistic boy at the school. The Board of Education discussed the allegations, now under investigation by the Buffalo Police Sex Offense Squad, in executive session before issuing a statement pledging its full cooperation. "The Buffalo Board of Education members are deeply concerned about the incident at Discovery School 67," the statement said. The allegations stem from a teacher who says she witnessed her classroom aide fondling the young pupil in a boys lavatory at the Abbott Road school. Parents, who met privately with school officials after Wednesday's meeting, are angry because child - protection officials, police and the boy's parents were not notified of the allegations until late last month. That was more than three months after the Nov. 14 incident allegedly occurred. The unidentified teacher also says the aide remained in her classroom -- with the pupil he allegedly fondled -- until just a few days ago. "We want this problem resolved," board President Mary Ruth Kapsiak said Wednesday night. "We want to make sure all students feel safe in their schools." Kapsiak said the board used its executive session to talk about the district's reporting guidelines for such incidents. She said that it was too early to determine whether there had been a breakdown in that reporting structure. District Attorney Frank J. Clark said that his office learned of the allegations through the Child Abuse Hotline but that he could not comment on why it took so long for the matter to reach police. The issue is further complicated by new allegations that the teacher who notified the district of the incident and pushed for an investigation had threats made on her life by the same classroom aide. The aide "told a staff member here that I'd 'better watch my back' and that he is going to 'blow my head off, "" the teacher said in a written statement last week. School officials said the classroom aide is now out of the school and is taking sick time until the two -week spring break begins next week. The teacher says she witnessed the aide fondling the boy and immediately reported it to Principal Carmela Botticello. Botticello denies telling the aide what the teacher was doing and said the internal investigation was handled by district officials at City Hall. In an unrelated matter, School Superintendent James A. Williams said an agreement is in the works that would help after - school programs hurt by a new district directive to almost double the hourly pay of city teachers who take part in the programs. Program organizers said the directive would dramatically increase their costs, cause them to serve far fewer students and force them to move their programs out of city school buildings. The Buffalo News : City & Region Thursday, March 13, 2008 Law enforcement officials are investigating the claims of a Buffalo teacher that her classroom aide fondled a 5- year -old autistic student in the boys lavatory at Discovery School 67 last November. However, child protection officials, police and the boy's parents were not notified of the incident until late February, more than three months after the Nov. 14 incident allegedly occurred. And the aide remained in the same classroom -- with the pupil he allegedly fondled and the teacher who complained about it -- until just a few days ago. "There is an investigation involving an alleged incident at School 67," District Attorney Frank J. Clark said Tuesday. "It came to the attention of police and our office through the Child Abuse Hotline in late February. I can't comment on why it took this length of time for the police to be notified." A spokesman for the Buffalo Police Department said an investigation has been launched by the Sex Offense Squad. Now, the teacher who notified the district of the incident and pushed for an investigation says the teacher's aide recently made threats on her life. The aide is taking sick time until the two -week spring break begins next week, said Joy Trotter, the school district's executive director of human resources. A further decision on his status will be made before school resumes, she added. The teacher said in a written statement Friday that the aide "told a staffinember here that I'd 'better watch my back' and that he is going to 'blow my head off.' I am deeply concerned." Buffalo Teachers Federation President Philip Rumore called Tuesday for "immediate action" on both the district's internal investigation and the threats. "The incident occurred when the teacher went into the boys room to see what was delaying one of the students," Rumore said in a letter to Superintendent James A. Williams. "Now we have the teacher, who is looking out for the welfare of our students, having her life threatened." The teacher -- whose name was removed from a statement the BTF sent to Williams and Board of Education members -- said she witnessed the aide fondling the student on Nov. 14 "and immediately reported this incident" to Carmela Botticello, principal of the school at 911 Abbott Road. "Since that time, I have pursued this incident with my principal and the district, to no avail," she said. "During the entire process, I understand [Botticello] has kept [the aide] informed of what I was doing." Botticello denied telling the aide what the teacher was doing and said the internal investigation was handled by district officials at City Hall. Trotter called the probe "an open investigation" but -- citing privacy concerns -- declined to say what it has uncovered so far, when it might be completed, why it has taken more than three months to complete, or why police and child protection officials weren't contacted immediately. It was decided to keep the teacher and the aide together in the classroom because "both are professionals," Trotter said. School officials, she said, will cooperate with the police investigation. "We are willing to help them in any way we can, and I made that offer directly to them," Trotter said. In his letter to Williams and the board members, Rumore included this excerpt from a written statement the teacher gave to school officials: "Even though I saw an adult repetitively touching a child on the penis, this adult was not suspended and charged with sexual abuse. Without another witness to support my statements and the abuser's denial of my charges, my allegations were labeled 'unfounded.' "Because this person has had a previous 12 years of wonderful' service without any past allegations, and I have only been in the district four years, I assume the district must think I was 'mistaken" in what I saw. If they did not make that assumption, then basically the district is saying I'm falsely accusing someone of a serious offense." The Buffalo News : City & Region Thursday, March 13, 2008 A school bus aide who was nine weeks' pregnant suffered a miscarriage following a vicious attack earlier this week by a student who repeatedly kneed her in the stomach, police said. The attacker attends a program operated by Stanley G. Falk School in South Buffalo. The juvenile, whose age was not released, attends a special day school for students with severe emotional and learning disabilities. Officials at the Falk School did not return repeated phone calls seeking comment. The incident began at about 8:45 a.m. Monday while the bus was at Seneca Street and Michigan Avenue, police said. The student punched the aide in the head and kneed her in the stomach several times The assault continued for about 10 minutes until the bus reached the school on Abbott Road, where school personnel boarded the bus and helped the aide control the attacker, police said. After the attack, the woman began to miscarry and went to Sisters Hospital for treatment. Buffalo Police spokesman Michael J. DeGeorge said police are still investigating the incident but declined to comment further. The school bus was heading to the Discovery School 67 building, where Stanley G. Falk School rents space. The attacker is not a Buffalo Public Schools student, city school officials said. Erie County District Attorney Frank J. Clark, whose office is not handling this case, said the most serious charge that the juvenile could face is assault. The case would likely be heard in Family Court, which is outside Clark's jurisdiction. But he offered his legal expertise on the case. "In order to be a homicide, a fetus must be 24 weeks or more. That's the law," Clark said. "It seems to me that when you cause the death of a fetus, which is otherwise healthy and viable, even if it's under 24 weeks, this would be really aggravated circumstances vthomas @buffnews.com © 2008 The Buffalo News. The information you receive online from The Buffalo News is protected by the copyright laws of the United States. The copyright laws prohibit any copying, redistributing, re- transmitting, or re- purposing of any copyright - protected material. In today's Buffalo News, a story appeared reporting an incident of alleged inappropriate contact between a teacher assistant and a student. Please be assured that the school district and police are conducting a full investigation of these allegations. At all times, student safety is our first priority. Be confident that every child at Discovery School is in a safe, wholesome environment. Any breach of this trust, should it be determined to have occurred, will be handled swiftly and severely. REFERRED TO THE COMMITTEE ON EDUCATION, THE BOARD OF EDUCATION AND THE COMMISSIONRER OF POLICE NO. 40 M. KEARNS -REQ UPDATE BUFFALO SKYWAY Regional Director Taylor: Request that the New York State Dept. of Transportation ( "NYSDOT ") provide the City of Buffalo Common Council with an update on the status of the project for which they have hired Bergmann Associates to "research and provide history, function and operating /maintenance costs" of the Buffalo Skyway. Several months ago, NYSDOT officials met with representatives of the City of Buffalo Department of Public Works and officials from National Grid to discuss the continued deterioration of the street lighting conduit which was minimizing and severely impacting the ability to maintain proper electrical lighting for users of the Skyway Bridge and the NYS Route 5 corridor. As the need for the aforementioned meeting illustrates, the Skyway Bridge and NYS Route 5 corridor regularly requires significant and costly maintenance to keep these roadways in a safe operating condition for motorists. Gary Gottlieb, regional planning manager for NYSDOT was recently quoted in the article entitled, The fabulous story of the Buffalo Skyway, which appeared in the Second Quarter 2007 Newsletter of the Greater Buffalo Niagara Regional Transportation Council ( "GBNRTC "), as stating that "the future of the one -mile long Buffalo Skyway carrying Route 5 has been the subject of considerable public debate." More to the point, Mr. Gottlieb is quoted in the aforementioned article as saying Bergmann Associates was hired to "research and provide data on the history, function, and operating /maintenance costs" of the Buffalo Skyway. The article correctly refers to this study as the "latest in a series of efforts by city and state to deal with waterfront issues. It is my strong belief as an elected official of the City of Buffalo and Chairman of the Buffalo Common Council Waterfront Committee that by notifying the public as to the status of the study which Bergmann Associates was hired to conduct, NYSDOT would be greatly advancing public discourse on the crucial issue of the fate of the Buffalo Skyway and Route 5 corridor. If this study has already been completed, than the releasing of its results to the public would greatly increase the likelihood that the correct decision on the future of the Skyway and NYS Route 5 corridor is ultimately made. I respectfully request that NYSDOT forward a status report on the Bergmann Associates study, or a copy of the results of this study if it has been completed, for review by the City of Buffalo Common Council with all possible expediency. Please feel free to contact me 716 - 851 -5169, or via email at MKearnsO- city- buffalo.com if you have any questions in regards to this request. Sincerely, South District Common Council Member Chairman, Waterfront Committee REFERRED TO THE SPECIAL COMMITTEE ON WATERFRONT DEVELOPMENT NO. 41 CASINO TOPICS OF DISCUSSION Please file the attached information from Richard Stanton, of Jack W. Hunt & Associates that was prevented to the Committee on Community Development on Tuesday, March 11, 2008. Please refer to the Committee on Community Development. Thank you. TOPICS FOR REVIEW WITH COMMON COUNCIL The attached material outlines the Seneca defaults in their obligations to the City; reviews the recent federal court decisions which support Indian lands operated in City's are subject to municipal land use regulations; reviews recent denials of the requests to take off reservation lands into trust to facilitate Casino Complexes; and proposes action Items for the Common Council with a draft Resolution. A review of the Agreement indicates the City did not receive the consideration required under the Agreement. A review of the Agreement indicates what was built, and is operating with municipal dedication of resources (Fulton Street, various easements, police, fire, sewer and water) is not what was reviewed in the SEQRA process. A review of Secretary of Interior's recent guidelines indicates that the land owned by the Seneca in Buffalo should never be allowed to be used for off - reservation gambling. The plan of the day, a "Tax free /Law free Hotel Casino Complex" has not been reviewed in any SEQRA process, or for compliance with municipal land use requirements. Approvals given without compliance with the SEQRA process are void and of no effect. It appears that the Seneca are hedging their bets on their own investments and are operating a gambling facility illegally, and further should be found to apply to the site. The Common Council should call for an investigation of the Seneca compliance under the Agreement a report of the recent decisions of the Secretary of Interior, and the applicability of local land use regulation to the site, and SEQRA compliance for the on going and recently announced activities. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT. NO. 42 D. LOKEY- ADAMS -LEGAL AID BUREAU MONTHLY REPORT Attn: Hon. Brian C. Davis Chairperson of Finance Committee Dear Chairperson Davis, Enclosed please find a copy of our Monthly Report and Monthly Activity Report for February 2008. If you have any questions, please feel free to call me at 853 -9555 Ext. 453, or our Housing Attorney, Sherree Meadows, at 853 -9555 Ext. 555. RECEIVED AND FILED NO. 43 (ITEM #10, CCP, 2/6/07) "SUPPORT FOR A DOWNTOWN PUBLIC MARKET" Dear Ms, Rushton: Thank you for the opportunity to comment on the above - referenced Common Council Resolution. The ground floor of the DL &W building is of utmost importance to Metro as it is the maintenance facility for all rail operations. Regarding the second floor, the NFTA is of the position that it should be developed in a manner that complements and enhances the surrounding lower Main Street and Inner Harbor development plan. Accordingly, the NFTA is very anxious to work cooperatively with the Erie Canal Harbor Development Corporation as well as the City of Buffalo and all other involved agencies with the goal of putting the second floor of the DL &W to its highest and best use in the context of the Inner Harbor /Lower Main Street master plan. Yours truly, Lawrence M. Meckler Executive Director RECEIVED AND FILED NO. 44 J. PAJAK- SECOND REQUEST FOR VARIOUS DEPT RESPONSES " "SECOND REQUEST 3/12/08 " "' David Rodriguez Senior Deputy Corporation Counsel Department of Law 1101 City Hall Buffalo, NY 14202 RE: Law Department Office Wide Agenda, Case and Contract Management System The Common Council, during its review Of the contract that was awarded for the purchase and installation of the" Law Department Office Wide Agenda, Case and Contract Management System ", requested that you furnish a summary of the anticipated cost savings and efficiencies that are to be realized from this initiative. This request was made n part because these projects are to be funded using monies received from the New York State "Efficiency Grant' and the impact that anticipated savings would have on future City Budgets Accordingly, the Common Council- renews its request and anticipates that you will file your response with the City Clerk no later than 2:00 pm on Thursday, February 28 2008 (March 13, 2008) for consideration by the Common Council at its next regularly scheduled meeting to be held at 2:00 pm on Tuesday, March 4, 2008 (March 18, 2008). If you have questions regarding the above, please contact the undersigned at 851 -4047. Thank you for your continuing assistance in these matters. "'SECOND REQUEST 3/12/08 " "' Robert Leach Chief Information Officer Management Information Systems (MIS) 1201 City Hall Buffalo, NY 14202 RE: VO!P System The Common Council, during its review Of the ,contract that was awarded for the purchase and installation of the "VOIP System, requested that you furnish a detailed summary of the anticipated cost savings and efficiencies that are to be realized from this initiative. This request was made in part because these projects are to be funded using monies received from the New York State "Efficiency Grant' and the impact that anticipated savings would have on future City Budgets. Accordingly, the Common Council renews its request and anticipates that you will file your response with the City Clerk no later than 2:OOpm on Thursday, February 28 2008 (March 13, 2008) for consideration by the Common Council at its next regularly scheduled meeting to be held at 2:00 pm on Tuesday, March 4, 2008 (March 18, 2008). If you have questions regarding the above, please contact the undersigned at 851 -4047. Thank you for your continuing assistance in these matters. RE: City Wide Cameras and Wi -Fi System The Common Council, during its review of the contract that was awarded for the purchase and installation of the "City Wide Cameras and Wi -Fi System ", requested that you furnish a detailed summary of the anticipated cost savings and efficiencies that are to be realized from this initiative. This request was made in part because these projects are to be funded using monies received from the New York State "Efficiency Grant' and the impact that anticipated savings would have on future City Budgets. Accordingly, the Common Council renews its request and anticipates that you will file your response with the City Clerk no later than 2:00 pm e n Thursday, February 28 2008 (March 13, 2008) for consideration by the Common Council at its next regularly scheduled meeting to be held at 2:00 pm on Tuesday, March 4, 2008 March 18, 2008). If you have questions regarding the above, please contact the undersigned at 851 -4047. Thank you for your continuing assistance in these matters. " "SECOND REQUEST 3/12/08 "" Oswaldo Mestre Director, Citizens Services 218 City Hall Buffalo, NY 14202 RE: 311 System The Common Council, during its review of the contract that was awarded for the purchase and installation of the "311 System ", requested that you furnish a detailed summary of the anticipated cost savings and efficiencies that are to be realized from this initiative. This request was made n part because these projects are to be funded using monies received from the New York State "Efficiency Grant" and the impact that anticipated savings would have on future City Budgets. Accordingly, the Common Council renews its request and anticipates that you will file your response with the C ty Clerk no ater than 2 00 pm on Thursday, February 28 2008 (March 13, 2008) for consideration by the Common Council at its next regularly scheduled meeting to be held at 2:00 pm on Tuesday, March 4, 2008 (March 18, 2008). If you have questions regarding the above, please contact the undersigned at 851 -4047. Thank you for your continuing assistance in these matters. " "SECOND REQUEST 3/12/08 " "' Leonard Sciolino Director, Parking Violations Bureau 111 City Hall Buffalo, NY 14202 RE: Pay and Display Parking System The Common Council during its review of the contract that was awarded for the purchase and installation of the "Pay and Display Parking System ", requested that you furnish a detailed summary of the anticipated cost savings and efficiencies that are to be realized from this initiative. This request was made in part because these projects are to be funded using monies received from the New York State "Efficiency Grant" and the impact that anticipated savings would have on future City Budgets. Accordingly, the Common Council renews its request and anticipates that you will file your response with the City Clerk no later than 2:00 pm on Thursday, February 28 2008 (Mar 13, 2008)for consideration by the Common Council at its next regularly scheduled meeting to be held at 2:00 pm on Tuesday, March 4, 2008 (March 18, 2008). If you have questions regarding the above, please contact the undersigned at 851 -4047. Thank you for your continuing assistance in these matters. REFERRED TO THE COMMITTEE ON FINANCE, NO. 46 REQUEST FOR AUDIT BFSA FINANCIAL RECORDS Dear Comptroller Dinapoli, This letter is a request for an audit of the financial records of the Buffalo Fiscal Stability Authority going back at least three years. It has come to my attention that there are a number of discrepancies on the Board's financial statements which have led people to believe the Board is withholding funds that belong to the City of Buffalo. Your prompt response to this matter is greatly appreciated. If I can be of any help feel free to contact me in my Albany office at 518 -455- 3371 or in Buffalo at 716 - 854 -3051. REFERRED TO THE COMMITTEE ON FINANCE NO. 46 RE: LETTER FROM ROBERT H WEBSTER- REGARDING THE NO PARKING BETWEEN 6- 8 PM" SIGNS ON COLOMBIA ST. Dear Mr. Chwalinski: Please file the attached letter from Mr. Robert H. Webster, in regards to having the "No Parking from 6pro- 8pro" removed from Colombia St. Please file the item for the next Common Council session on Marcia 18, 2008. Thank you for your attention to this matter. Dear Sir, On behalf of the ushers and ticket takers at HSBC arena I am asking you to use your influence to have the restrictive no parking signs removed on Colombia Street (No Parking 6 p.m. to 8 p.m.). The only possible purpose of these signs as far as I can see is to drive us workers into the parking lots for a fee of $10 to $15. We have parked there for years but when they reset the cobblestones, they put up the restrictive signs. I am also writing letters to Council member Brian Davis and Council member Kearns in whose district I reside. Yours Hopefully, Bob Webster REFERRED TO THE COMMITTEE ON LEGISLATION PETITIONS NO. 47 D. COOPER, ANGENT, USE 427 ELMWOOD TO REESTABLISH USE OF A SIDEWALK CAFE (HRG 3/25/2008)(NIAG) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD REGULAR COMMITTEES CIVIL SERVICE (BONNIE E. RUSSELL, CHAIRPERSON) NO. 48 APPTS BATTALION CHIEF - (PERM) ( TUBERDYKE)( BIASILLO)( RENALDO )(ROBERTS)(BROWN)(HAYES)(FIRE) CCP# 42,3/4 That Communication 42 of March 4, 2008 be received and Filed and that the Permanent appointment of Michael Tuberdyke, Michael Biasillo, William Renaldo, Jeffery Roberts, Susan Brown and James Hayes Jr. above at the Starting Salary of $67,750.00 is hereby approved. PASSED AYES -9 NOES -0 NO. 49 APPTS DIVISION CHIEF (PERM)((BARRY)(FIRE) CCP#43, 3/4 That Communication 43 of March 4, 2008 be received and Filed and that the Permanent appointment of Scott Barry above at the Starting Salary of $74,551.00 is hereby approved. PASSED AYES -9 NOES -0 NO. 50 NOTICES OF APPOINTMENTS - TEMP /PROV /PERM(CTY CLK) CCP# 60, 3/4 That the above item be the same and hereby is Received and Filed ADOPTED FINANCE (MICHAEL P. KEARNS, CHAIRMAN) NO. 51 INFO BOND RESOLUTIONS (MAYOR) CCP# 2, 3/4 That the above item be the same and hereby is Received and Filed ADOPTED NO. 52 EXTEND AGREEMENT WITH DUNN TIRE PARK (ITEM NO. 3, C.C.P., MAR. 4, 2008) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Kearns moved: That the above item be received and filed ADOPTED NO. 53 BROADWAY MARKET APARTMENTS PILOT (ITEM NO. 11, C.C.P., MAR. 4, 2008) That the Mayor be, and he hereby is authorized to execute the Agreement for Payments in Lieu of Taxes (PILOT) for 937 Broadway Housing Development Fund Corporation and E- Square Capital, Inc. PASSED. AYES — 9 NOES — 0 NO. 54 PERMISSION TO HIRE CONSULTANT- BRIDGE WASHING P.I.N. 5758.12 (ITEM NO. 37, C.C.P., MAR. 4, 2008) That the Acting Commissioner of Public Works, Parks & Streets be, and he hereby is authorized to hire an Engineering Consultant for design, bidding, construction administration and inspection of a bridge washing contract for the City of Buffalo. Funds for this project are available in account #30335306 - 445100. PASSED. AYES — 8 NOES — 1 AYES — DAVIS, FRANCZYK, GOLOMBEK, KEARNS, LOCURTO, RIVERA, RUSSELL, SMITH NOES — FONTANA NO. 55 M. KEARNS- CITIZENS BM3K ESCROW AGENT FOR HICKORY WOODS SETTLEMENT CCP 64, 3/4 That the above item be the same and hereby is Received and Filed ADOPTED NO. 56 C. PALADINO- CONCERNS SALE OF MAIN PLACE MALL RAMP CCP# 47, 1/22 That the above item be the same and hereby is Received and Filed ADOPTED NO. 57 RESPONSE- CONCERNS SALE OF MAIN PLACE RAMP (BD OF PKG) CCP# 4, 2/5 That the above item be the same and hereby is Received and Filed ADOPTED NO. 58 N. BONIFACIO -M. GAINER - BUFFALO REUSE PROPOSAL CCP# 39, 4/17 That the above item be the same and hereby is Received and Filed ADOPTED COMMUNITY DEVELOPMENT (JOSEPH GOLOMBEK JR., CHAIRMAN) NO. 59 RESP ACQUISITION OF 516 -518 SPRING ST (ELL)(STRAT PLAN) CCP #14,03/04 That the above item be the same and hereby is Received and Filed. ADOPTED NO. 60 RESULTS OF NEGOTIATIONS - 365 BOX (ITEM NO. 17, C.C.P., MAR. 4, 2008) That the offer from Mr. Edie L. Calvin, residing at 361 Box Avenue, in the sum of one thousand and eight hundred dollars ($1,800.00) for the purchase of 365 Box Avenue, be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Corporation Counsel be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED. AYES — 9 NOES — 0 NO. 61 RESULTS OF NEGOTIATIONS 653 EAST FERRY (ITEM NO. 18, C.C.P., MAR. 4, 2008) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. LoCurto moved: That the offer from Mr. Ronnie Moore, residing at 655 East Ferry Street, in the sum of one thousand and nine hundred dollars ($1,900.00) for the purchase of 653 East Ferry Street, be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Corporation Counsel be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED. AYES —9 NOES — 0 NO. 62 RESULTS OF NEGOTIATIONS - 165 EAST PARADE (ITEM NO. 19, C.C.P., MAR. 4, 2008) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. LoCurto moved: That the offer from Mr. Donald Pride, residing at 163 East Parade Street, in the sum of one thousand and nine hundred dollars ($1,900.00) for the purchase of 165 East Parade Street, be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Corporation Counsel be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED. AYES — 9 NOES — 0 NO. 63 RESULTS OF NEGOTIATIONS- 392 GENESEE (ITEM NO. 20, C.C.P., MAR. 4, 2008) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. LoCurto moved that the above item be recommitted to the Committee on Community Development ADOPTED NO. 64 RESULTS OF NEGOTIATIONS - 599 GOODYEAR (ITEM NO. 21, C.C.P., MAR. 4, 2008) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. LoCurto moved: That the offer from Mr. Fred Wiggins, residing at 605 Goodyear Street, in the sum of one thousand and six hundred dollars ($1,600.00) for the purchase of 599 Goodyear Street, be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Corporation Counsel be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED. AYES — 9 NOES 0 NO. 65 RESULTS OF NEGOTIATIONS - 60 GRACE (ITEM NO. 22, C.C.P., MAR. 4, 2008) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. LoCurto moved: That the offer from Mr. Timothy W. Marvel, residing at 4 Hartman Place, in the sum of four hundred dollars ($400.00) for the purchase of 60 Grace Street, be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Corporation Counsel be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED. AYES — 9 NOES — 0 NO. 66 RESULTS OF NEGOTIATIONS - 453 SCHILLER STREET (ITEM NO. 23, C.C.P., MAR. 4, 2008) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. LoCurto moved that the above item be recommitted to the Committee on Community Development ADOPTED NO. 67 RESULTS OF NEGOTIATIONS - 140 SHUMWAY STREET (ITEM NO. 24, C.C.P., MAR. 4, 2008) That the offer from Mrs. Mary Zupanchich, residing at 169 Woodward, in the sum of one thousand and six hundred dollars ($1,600.00) for the purchase of 140 Shumway Street, be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Corporation Counsel be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED. AYES — 9 NOES — 0 NO. 68 RESULTS OF NEGOTIATIONS - 174 TITUS STREET (ITEM NO. 26, C.C.P., MAR. 4, 2008) That the offer from Ms. Maria Cecile Mondrala, residing at 170 Titus Street, in the sum of one thousand and four hundred dollars ($1,400.00) for the purchase of 174 Titus Street, be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Corporation Counsel be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED. AYES — 9 NOES NO. 69 RESULTS OF NEGOTIATIONS - 676 EAST UTICA STREET (ITEM NO. 27, C.C.P., MAR. 4, 2008) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. LoCurto moved: That the offer from Mr. Earl C. Blacksheare and Mrs. Mary V. Blacksheare, residing at 670 East Utica Street, in the sum of two thousand and two hundred dollars ($2,200.00) for the purchase of 676 East Utica Street, be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Corporation Counsel be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED. AYES — 9 NOES — 0 NO. 70 RESULTS OF NEGOTIATIONS - 1200 WEST AVENUE (ITEM NO. 28, C.C.P., MAR. 4, 2008) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. LoCurto moved: That the offer from Mr. Isaac Irizarry and Mrs. Iris Irizarry, residing at 1202 West Avenue, in the sum of two thousand and nine hundred dollars ($2,900.00) for the purchase of 1200 West Avenue, be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Corporation Counsel be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES -9 NOES -0 NO. 71 RESULTS OF NEGOTIATIONS -1325 WEST AVENUE (ITEM NO. 29, C.C.P., MAP, 4, 2008) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. LoCurto moved: That the offer from Ms. Elizabeth Henry, residing at 1323 West Avenue, in the sum of two hundred dollars ($200.00) for the purchase of 1325 West Avenue, be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Corporation Counsel be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES - 9 NOES - 0 NO. 72 KEY BANK DEPARTURE FROM BROADWAY MARKET (EDPI) CCP #48,03/04 That the above item be the same and hereby is Received and Filed. ADOPTED NO. 73 B. DAVIS -K. BARNES - ACQUISITION OF 516 -518 SPRING STREET (ELL) CCP #40,02/05 That the above item be the same and hereby is Received and Filed. ADOPTED LEGISLATION (JOSEPH GOLOMBEK JR., CHAIRMAN) NO. 74 J. PALKA, PETITION TO USE 94 SHOSHONE - GROUND SIGN (ITEM NO. 70, C.C.P., MAP, 4, 2008) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Golombek moved: That after the public hearing before the Committee on Legislation on March 11, 2008, the petition of J. Palka, agent, for permission to use 94 Shoshone for a 3' by 6' by 5' high ground sign be, and hereby is approved. PASSED AYES - 9 NOES - 0 NO. 75 M. ULRICH, PETITION TO USE 275 OAK STREET - GROUND SIGN (ITEM NO. 71, C.C.P., MAP, 4, 2008) That the petition of M. Ulrich, owner, for permission to use 275 Oak Street for a 42' wide by 85' high ground sign be, and hereby is approved. PASSED AYES -9 NOES -0 NO. 76 APPOINTMENTS TO THE BUFFALO ARTS COMMISSION(MAYOR) CCP #1,3/04 That the above item be the same and hereby is Received and Filed. ADOPTED NO. 77 INSPECTOR GENERAL POSITION MUST BE INDEPENDENT (EXEC 2 ND RES) CCP #83,02/19 #100,09/04 #105,09118 That the above item is hereby referred to the Committee on Budget. ADOPTED NO. 78 M. KEARNS -G. GREENWAY CONCERNS PAVING AND CURBING ON BUFFUM STREET CCP #38,9/18 That the above item be the same and hereby is Received and Filed. raz.�ira. NO. 79 SECOND HAND DEALER LICENSE - 1929 SOUTH PARK (ITEM NO. 63, C.C.P., DEC. 1 I, 2007) (ITEM NO. 74, C.C.P., DEC. 26, 2007) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Golombek moved: That pursuant to Chapter 194 of the City Code, the Commissioner of Permit and Inspections Services be, and he hereby is authorized to grant a Second Hand Dealer License to Lloyd Hogan d /b /a The Good Door Store, located at 1929 South Park Avenue. PASSED AYES - 9 NOES - 0 RESOLUTIONS NO. 80 BY: MR. DAVIS HOME RULE MESSAGE REQUESTING THE NEW YORK STATE LEGISLATURE TO PASS BILL A. 06482 TO AMEND THE VEHICLE AND TRAFFIC LAW IN RELATION TO DIRECTING THE CITY OF BUFFALO TO ADJUDICATE TRAFFIC INFRACTIONS WHEREAS, Bill A. 06482 has been introduced in the New York State Assembly; and WHEREAS, such bill would direct the City of Buffalo to adjudicate traffic infractions that are at present adjudicated by the New York State Department of Motor Vehicles; and WHEREAS, such authorization would have a positive benefit to the people of the City of Buffalo by permitting all traffic related violations to be adjudicated in a single convenient location; and WHEREAS, such authorization would give be of benefit to the City of Buffalo by allowing the City to participate in traffic infraction revenue; and WHEREAS, such authorization would place the City of Buffalo in a position equal to other cities and towns in the State of New York with respect to the adjudication of traffic infractions; and WHEREAS, the City of Buffalo does not have the power to enact such legislation by local law; NOW, THEREFORE, BE IT RESOLVED that, pursuant to Article IX of the Constitution, the City of Buffalo requests the enactment of Assembly Bill 06482, entitled "AN ACT to amend the vehicle and traffic law, in relation to directing the city of Buffalo to adjudicate traffic infractions; and BE IT FURTHER RESOLVED, that it is hereby declared that that a necessity exists for the enactment of such legislation, and that the facts establishing such necessity are that the city does not have the power to enact such legislation by local law; and BE IT FURTHER RESOLVED, that the City Clerk is hereby directed to forward four (4) copies of this Home Rule Request to the New York State Legislature as follows: Two (2) copies of this Resolution and two (2) copies of the completed Home Rule Request to the Senate Home Rule Counsel at Senate Post Office, The Capitol, Albany, New York 12247; and two (2) copies of this Resolution and two (2) copies of the completed Home Rule Request to the Assembly Home Rule Counsel at Assembly Post Office, The Capitol, Albany, New York 12248. ADOPTED NO. 81 MR. FONTANA APPROVE APPLICATION FOR NATIONAL GRID 10,000 TREES REPLANTING INCENTIVE PROGRAM FOR REPLACEMENT OF TREES LOST OCTOBER, 2006 National Grid Western New York Replanting Incentive Program WHEREAS, the City of Buffalo sustained damage to an estimated 7,400 trees during the October 2006 Surprise Snow Storm, and WHEREAS, the National Grid "10,000 Trees... And Growing!" program is open to municipalities within the National Grid New York electric service territory Western region that sustained tree losses or damages in the October 2006 snow storm, and WHEREAS, the National Grid program will reimburse municipalities $50 per tree for trees planted under overhead electric lines, and WHEREAS, the City of Buffalo replanted 100 trees in the Fall of 2007 which met the National Grid reimbursement guidelines, and WHEREAS, the City of Buffalo is eligible for a grant of $5,000, and WHEREAS, a resolution from the governing body of the applicant is a requirement of the (under, National Grid, NOW, THEREFORE, BE IT RESOLVED: that the Honorable Byron Brown, as Mayor of Buffalo, is hereby authorized to file an application for contributory reimbursement funds as part of the "10,000 Trees. And Growing!" tree planting program, and upon approval of said request, to enter into and execute a project agreement with National Grid for such financial contribution to this municipality. PASSED AYES -9 NOES -0 NO. 82 SPONSOR: MR. KEARNS RE: A RESOLUTION OF THE CITY OF BUFFALO COMMON COUNCIL PURSUANT TO THE NEW YORK STATE ENVIRONMENTAL QUALITY REVIEW ACT REGARDING THE ADOPTION AND IMPLEMENTATION OF THE SOUTH BUFFALO BROWNFIELD OPPORTUNITY AREA PLAN WHEREAS, the City of Buffalo has been awarded a significant grant through the New York State Department of State Brownfield Opportunity Area Program to prepare a Nomination Study and Implementation Strategy for the South Buffalo Brownfield Opportunity Area (Proposed Action or BOA Plan); and WHEREAS, the South Buffalo BOA is comprised of approximately 1,800 acres of strategically located, but largely underutilized land in South Buffalo, bounded by New York State Route 5 on the west, Hopkins Street and South Park Avenue on the east, the Buffalo River on the north and the City of Buffalo -City of Lackawanna municipal boundary on the south; and WHEREAS, the BOA Plan will be crucial to the revitalization of adjacent neighborhoods, the Buffalo River corridor, the Lake Erie waterfront and the City of Buffalo, and will be important for charting the reclamation and redevelopment of these valuable lands; and WHEREAS, prior to the adoption and implementation of the BOA Plan, the requirements of the New York State Environmental Quality Review Act (SEQRA) must be satisfied; and WHEREAS, on February 4, 2007, the City of Buffalo Common Council completed an Environmental Assessment Form - Part 1 and distributed a letter to potentially involved agencies indicating that the Common Council proposed to serve as SEQR lead agency for the Proposed Action. The letter also indicated that the Common Council had made a determination that the Proposed Action was a Type I action and a coordinated review among the potentially involved agencies would be conducted; and WHEREAS, no objections to the City of Buffalo Common Council acting as lead agency were received from potentially involved agencies during the coordinated review process; and WHEREAS, the City of Buffalo Common Council has prepared an Environmental Assessment Form Parts 1 and 2 in order to identify potential environmental impacts that may result from the Proposed Action; and WHEREAS, the City of Buffalo Common Council has determined that the Proposed Action may have the potential to generate one or more significant adverse environmental impacts and, as a result, a Positive Declaration has been issued which indicates that a Draft Generic Environmental Impact Statement (DGEIS) will be prepared; and WHEREAS, in accordance with SEQRA, tile City of Buffalo Common Council is initiating a formal public process to define the scope of the DGEIS. As a first step in that process, a Draft Scoping Document for the DGEIS has been prepared and is being made available to involved and interested agencies and to members of the public for review and comment; and WHEREAS, a public scoping meeting will be held to further define the scope of the DGEIS, and verbal and written comments from the public will be requested. NOW, THEREFORE, BE IT RESOLVED that the City of Buffalo Common Council hereby declares that it will act as lead agency pursuant to SEQRA regarding adoption and implementation of the BOA Plan; and BE IT FURTHER RESOLVED that the City of Buffalo Common Council has determined that the Proposed Action may generate significant adverse environmental impacts and, as a result, a Positive Declaration /Notice of Public Scoping Meeting attached hereto has been issued which indicates that a DGEIS will be prepared and a public scoping meeting will be held; and BE 1 T FURTHER RESOLVED that the Positive Declaration /Notice of Public Scoping Meeting attached hereto is being distributed to involved and interested agencies and will be published in the Environmental Notice Bulletin and local newspapers; and BE IT FURTHER RESOLVED that a Draft ScOping Document for the DGEIS attached hereto is being distributed to involved and interested agencies for review and comment. ADOPTED NO. 83 BY: MR. KEARNS TRANSFER OF FUNDS CAPITAL PROJECTS 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 $200,000 be and hereby is transferred and reappropriated as set forth below. From: 30000106 - 445100 Planning Capital Projects $200,000 To: 35320806 - 445100 City Court Reconstruction $200,000 PASSED AYES -9 NOES -0 NO. 84 BY: MR. KEARNS INCREASED APPROPRIATION AIM STRATEGIC PLANNING 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 Strategic Planning for the current fiscal year, be and the same hereby is increased in the sum of $425,000. The increased appropriation will be met from AIM money. That, the Comptroller be and hereby is authorized and directed to increase the revenue estimate for account: From: 10700010 - 335009 NYS Aid Incentive to Municipalities (AIM) $425,000 To: To meet the increased appropriation as set forth below: 10309006 - 480000 Strategic Planning- Other Services $425,000 PASSED AYES - 9 NOES — 0 NO. 85 BY: MR. KEARNS APPOINT ASSISTANT LEGISLATIVE AIDE Whereas: I, Michael P. Kearns, wish to appoint Kelly Krug of 43 Ward Ct., Buffalo, NY 14220 to the position of Assistant Legislative Aide of the South District effective March 18, 2008; and Now, Therefore, Be It Resolved: That the Common Council hereby appoints Kelly Krug. to the position of Assistant Legislative Aide to the South District Councilmember. ADOPTED 0 1 [6m :1.1 BY: MR. LOCURTO CAMPOREE 2008: WAIVER OF CURFEW IN DELAWARE PARK WHEREAS, Several local Boy Scout Troops have expressed an interest in holding their annual Camporee event in the fall of 2008 in Delaware Park, specifically on Friday, October 10 through the morning of Sunday, October 12. WHEREAS, The event will bring two to three hundred local Boy Scouts to Delaware Park to participate in an overnight camping event featuring a variety of different activities including Boy Scout related patrol and troop competitions, and other scout skills such as knot tying and orienteering WHEREAS, The Common Council recognizes that the event organizers will have to comply with Chapter 414 of the City Charter and Code because the event will take place wholly on City property, more specifically within Delaware Park, across the Ring Road from the Buffalo Zoo; WHEREAS, The Common Council recognizes that the event will have to get the prior approval of the Special Events Advisory Committee and its organizers will have to comply with the application process and the requirements imposed by said Committee and the pertinent provisions of Chapter 414 of the City Code; WHEREAS, The event calls for the campers to camp out in Delaware Park, outside of its normal hours of operation, more specifically after 10:00 p.m. on Friday, October 10 and Saturday October 1 I, and before 9:00 a.m. on Saturday October 11, and 1:00 p.m. on Sunday October 12. WHEREAS, City Charter and Code §309 -25 specifically prohibits the use of the City parks after 10:00 p.m. without permission from the Commissioner of Parks; WHEREAS, City Charter and Code §414 -10(a) specifically prohibits special events from taking place in City parks after 10 p.m.; WHEREAS, City Charter and Code §414- 10(G)(1) specifically prohibits overnight camping within the parks of the City of Buffalo, except when permitted by the Commissioner of Human Services, Parks and Recreation; WHEREAS, The Common Council recognizes the importance of such events and the importance of letting residents and visitors participate in approved events outside the normal hours of operation of its Parks when the circumstances so justify; NOW, THEREFORE BE IT RESOLVED, That the Common Council hereby ordains and directs that the Commissioner of Parks, the Commissioner of Human Services, Parks and Recreation, the Special Events Committee and any other official(s) having jurisdiction over the operation and management of Delaware Park exempt the organizers, supervisors and registered participants in the 2008 Camporee Event from the above - referenced curfew provisions and any other pertinent prohibitions against the use of Delaware Park beyond 10 p.m. only on the nights of Friday, October 10 and Saturday, October 11, and the mornings of Saturday, October 11, and Sunday, October 12 by those individuals specifically identified herein. REFERRED TO THE COMMITTEE ON LEGISLATION, TO THE DEPARTMENT OF PUBLIC WORKS, THE DEPARTMENT OF COMMUNITY SERVICES, ERIE COUNTY PARKS AND SPECIAL EVENTS AND THE CORPORATION COUNSEL. NO. 87 BY MR. RIVERA Grant -Ferry Association Application to the New York State Main Street Program WHEREAS, The State of New York sponsors a New York Main Street grant program to help revitalize communities through building renovations, downtown business, cultural anchors, and streetscape enhancements ancillary to other program activities; and WHEREAS, directed by the State Housing Trust Fund Corporation and the Division of Housing and Community Renewal, this program will fund a competitive reimbursement basis to not - for - profit organizations that will serve as Local Program Administrators and in turn administer local grant programs among eligible commercial corridors; and WHEREAS, the Office of Strategic Planning has previously welcomed this State funding source as it strengthens the goals and practices identified in the City's comprehensive Plan as well as those demonstrated by the City's Commercial Area Revitalization Effort (CARE) program and the Mayor's Livable Communities Initiative; and WHEREAS, the Grant -Ferry business district currently lies within the CARE program, Livable Communities initiative, and is a Neighborhood of Choice, and would benefit from increased investment; and NOW, THEREFORE BE IT RESOLVED, that the Common Council of the City of Buffalo enthusiastically endorses the Grant -Ferry Association's application for facade improvements to eligible buildings within the targeted CARE program, and calls upon New York State to consider this very worthy submission to the New York Main Street Program. ADOPTED NO. 88 SPONSOR: BONNIE E. RUSSELL DIRECTING THE CITY'S CORPORATION COUNSEL TO DETERMINE THE FEASIBILITY AND LEGALITY OF ENACTING A CITY -WIDE ORDINANCE TO ENABLE THE DEPARTMENT OF ECONOMIC DEVELOPMENT, PERMIT & INSPECTION SERVICES ( "EDPI ") TO SUSPEND, RESCIND OR DENY RENEWAL OF THE OPERATING LICENSE OF A BUSINESS, WHEN THE BUILDING IN WHICH SAID BUSINESS IS SITUATED IS DEEMED BY EDPI TO BE IN VIOLATION OF APPLICABLE CITY CODES, AND THE DEFICIENCIES ON WHICH SUCH VIOLATIONS ARE PREMISED ARE ATTRIBUTABLE TO AREAS OF THAT BUILDING OTHER THAN THOSE BEING USED AND /OR RENTED OR LEASED BY SAID BUSINESS WHEREAS: In many Buffalo neighborhoods there can be found subdivided or mixed -used buildings, a portion of which are being used and /or rented or leased by a business; and WHEREAS: Although the particular space or unit of some buildings that are being used by and /or rented or leased to a business may be in compliance with applicable City code requirements, it is often the case that other areas of such a building do not; and WHEREAS: Although in certain situations it is legal to subdivide and /or designate a number of different uses for one building, the condition of such a building as a whole should be taken into account when EDPI examines the compliance or non - compliance of that building with applicable City codes, and when City officials evaluate whether a business is positively or negatively impacting a neighborhood or community; and WHEREAS: Until owners of buildings in the City of Buffalo are held accountable for the condition of their entire properties, there will continue to be little incentive for owners to invest in and /or make repairs to portions of their property that do not comply with applicable City codes when such units or areas are vacant and /or un- rented or un- leased; and WHEREAS: If City of Buffalo building owners stood at risk of civil liability as a result of a business which operates and /or rents or leases space within their building having their operating license suspended, rescinded or not renewed as a result of the failure of the owner to ensure that parts of that building which are not being used and /or rented or leased by that business comply with applicable City codes, the City would have a valuable tool to enforce and ensure compliance with housing and building codes; and WHEREAS: If it were deemed legal and feasible to enact such an ordinance, the passage of such legislation by the City of Buffalo would likely save the City considerable money in that it would encourage the repair of properties which might otherwise advance to a state of severe disrepair and require emergency demolition. NOW THERFORE BE IT RESOLVED: That the City of Buffalo Common Council hereby directs the City's Corporation Counsel to examine the legality and feasibility of suspending, rescinding and /or not renewing the operating licenses of businesses which are situated within buildings that violate applicable City codes, when the deficiencies on which such violations are premised are attributable to areas of those buildings other than those that are used and /or rented or leased by said businesses; and BE IT IS FURTHER RESOLVED: That the City's Corporation Counsel file their findings regarding the legality and feasibility of enacting such an ordinance with the City Clerk for this honorable body's review at its next regular meeting scheduled to be held on April I st 2008. REFERRED TO THE COMMITTEE ON LEGISLATION, EDPI AND THE CORPORATION COUNSEL NO. 89 BY: MR. SMITH AND ALL COUNCILMEMBERS ORDINANCE AMENDMENT CHAPTER 194, FOOD STORES The Common Council of the City of Buffalo does hereby ordain as follows: That Chapter 194 of the Code of the City of Buffalo be amended to read as follows: § 194 -1. Definitions. As used in this chapter, the following terms shall have the meanings indicated: ACCESSORY USE -- Constitutes a maximum of 15% of the use of said business establishment. In no case shall such accessory use dominate, in area, extent or purpose, or in any way exceed 15% of the primary and main use established by the Department of Permit and Inspection Services for such business establishment. COMMERCIAL KITCHEN -- Cooking facilities used for the preparation of food, such as but not limited to commercial ranges, ovens, broilers, grills, griddles, char boilers, pizza ovens, deep- fat - flying equipment or any other similar equipment as so determined by the Department of Permit and Inspection Services. DEPARTMENT -- The Department of Permit and Inspection Services, the Commissioner of Permit and Inspection Services and his or her designee acting under the Commissioner's authority. FOOD STORE -- Any commercial establishment with a total floor space of 20,000 square feet or less, of which the primary use (85% or more) is devoted to the sale an /or display of, but not limited to, cigarettes, dry goods, bottled or canned beverages and prepackaged foods not prepared on the premises. This definition shall not include residential space that may be adjacent to such food store. PRIMARY USE -- Constitutes a minimum of 85% of the principal and main use of the business establishment. The primary use shall be determined and established by the Department of Permit and Inspection Services. § 194 -2. License required. No person, firm, corporation or other entity shall operate, maintain or engage in the business of operating a food store in the City of Buffalo without first having been issued a license by the Department of Permit and Inspection Services pursuant to a verified written application upon a form provided by the Department. § 194 -3. Referral and approval of license application. A. All new applications shall be referred to the Department of Permit and Inspection Services Permit Office to determine compliance with all applicable City zoning laws and ordinances, including determination of permitted and established use of the property location. B. All new applications and the renewals therefor shall be referred to the Department of Permit and Inspection Services Inspections Division to determine that the building meets all City and state building codes and to determine whether the business meets and is conforming with any and all established primary and accessory uses. C. All new applications and the renewals therefor shall be referred to the Department of Fire to determine that the property location meets all applicable New York State Fire Codes. D. All new applications and the renewals therefor shall be referred to the Department of Police for their investigation regarding the moral character of the applicant and an incident history of the property location, with a recommendation for approval or disapproval of the application. All recommendations for disapproval must state the reason for such disapproval in writing. E. The City of Buffalo reserves the fight to make unannounced, periodic on -site inspections during business hours by any of the aforementioned enforcement agencies to ensure compliance with all applicable laws and ordinances. F. All new applications and renewals therefor subject to this chapter shall require Common Council approval. Any license granted under this chapter may be suspended, revoked or renewal thereof refused by the Common Council, after notice and hearing before it. [Added 11 -16 -2004, effective 11 -24 -2004] § 194 -4. Operation of business. A. The owner /operator of any licensed food store shall comply with all provisions of federal, state and local laws and ordinances relating to the conduct of the business, use and maintenance of the premises. B. The owner /operator of any licensed food store shall comply with all notices, orders, decisions and rules and regulations made by the Department of Permit and Inspection Services. C. A licensed food store shall not have a commercial kitchen, and there shall not be any on -site food consumption or public assembly at on -site public seating areas on the premises. D. Any person, firm, corporation or other entity violating the provisions of this chapter may be liable for penalties as prescribed in Chapter 137, Article I, of this Code, and may be subject to immediate closure by the Buffalo Police Department and /or the Department of Permit and Inspection Services. § 194 -5. Transferability and expiration of license. A. All licenses are nontransferable. All licenses issued are valid for only the owner /operator and business location Indicated on the license. Any change in business ownership or business location requires a new application. B. Said license shall expire annually on April 1 after the issuance thereof, unless revoked by the Department of Permit and Inspection Services for cause. C. The annual fee for a food store license shall be as provided in Chapter 175, Fees. § 194 -6. Complaints. Written complaints may be received by the Department and should be forwarded to the Common Council for its review. Upon investigation, the Department may require a meeting with the owner /operator to determine whether a food store license should be suspended or revoked, or whether a license should be renewed. If outstanding complaints are not resolved, a hearing will be held before the revocation or suspension of the license or renewal is granted. § 194 -7. Revocation, suspension or nonrenewal of license. The license of any person, firm, corporation or other entity granted under this chapter may be revoked, suspended or not renewed by the Commissioner of Economic Development and Permit and Inspection Services upon determination by the Department, after notice and heating, that the applicant and /or licensee does not meet the requirements of state law, or the Charter and Code of the City of Buffalo for such license, or such applicant and /or licensee has not operated in compliance with such requirements. A license for a food store may not be renewed if, after notice and hearing, it has been determined that a food store owner /operator has not operated such food store in compliance with this chapter or other applicable laws and codes. Such nonrenewal shall be issued in writing by the Common Council or the Commissioner of Economic Development and Permit and Inspection Services and may be appealed pursuant to Article 78 of the Civil Practice Law and Rules. The Commissioner of Economic Development and Permit and Inspection Services or the Common Council may designate an Administrative Law Judge, who shall be an attorney admitted to practice in the State of New York for at least three years, to administer hearings held pursuant to this chapter. Said Administrative Law Judge shall recommend to the Commissioner of the Department of Economic Development and Permit and Inspection Services or the Common Council whether a license should be revoked, suspended, or renewal thereof refused, after notice and hearing. Only upon the concurrent approval of both the Commissioner of Economic Development and Permit and Inspection Services shall a license under this Chapter be renewed. § 194 -8. Closure for operation without license. Any food store operating without the required food store license shall be immediately closed by order of the Buffalo Police Department or the Department of Permit and Inspection Services. Every day of operation without a license shall constitute a separate violation. § 194 -9. Check cashing service notification. Effective January 1, 2007, any food store that provides, or intends to provide, check cashing services to customers for a fee shall notify the City Clerk in writing of such service or intention. APPROVED AS TO FORM NOTE Matter underlined is new, matter in brackets is to be deleted REFERRED TO THE COMMITTEE ON LEGISLATION NO. 90 BY MR. SMITH FELICITATIONS /IN MEMORIAM Attached hereto are Felicitation and In Memoriam Resolutions sponsored by Members of the Common Council as indicated: Felicitation for Carol M Glover By Councilmember Smith ADOPTED NO. 91 BY: DEMONE A SMITH APPOINTMENTS COMMISSIONERS OF DEEDS REQUIRED FOR THE PROPER PERFORMANCE OF PUBLIC DUTIES That the following persons are hereby appointed as Commissioner of Deeds for The term ending December 31,2008, conditional upon the persons so appointed certifying under oath to their qualifications and filing same with the City of Buffalo Darrell Ruise Dale West Beverly Harris Lynn Baumgardner Keith Pelkey Jr Total 5 ADOPTED NO. 92 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: Sharon Sharman Total: 1 F- UNFINISHED BUS1NESS NO 93 BOND RES- BAILEY AVE BRIDGE RECONSTRUCTION CCP# 99,2/19 CCP# 76, 3/4 Mr. Fontana moved that the above item be taken from the table Seconded by Mr. Rivera CARRIED Mr. Fontana now moved approval of the above item. Seconded by Mr. Rivera PASSED AYES -9 NOES -0 NO 94 BOND RES- BAILEY KENSINGTON FIRE STATION CCP# 100,2/19 CCP# 77, 3/4 Mr. Fontana moved that the above item be taken from the table. Seconded by Mr. Rivera CARRIED Mr. Fontana now moved approval of the above item. Seconded by Mr. Rivera PASSED AYES -9 NOES -0 NO 95 BOND RES- CITYWIDE ARTERIAL PAVEMENT MILLING & RESURFACING CCP# 101,2/19 CCP# 78, 3/4 Mr. Fontana moved that the above item be taken from the table. Seconded by Mr. Rivera CARRIED Mr. Fontana now moved approval of the above item. Seconded by Mr. Rivera PASSED AYES -9 NOES -0 NO 96 BOND RES- CITYWIDE PARKS IMPROVEMENTS CCP# 102,2/19 CCP# 79, 3/4 Mr. Fontana moved that the above item be taken from the table. Seconded by Mr. Rivera CARRIED Mr. Fontana now moved approval of the above item. Seconded by Mr. Rivera PASSED AYES -9 NOES -0 NO 97 BOND RES- CITYWIDE INFRASTRUCTURE REPAIR/REPLACEMENT CCP# 103,2/19 CCP# 80, 3/4 Mr. Fontana moved that the above item be taken from the table. Seconded by Mr. Rivera CARRIED Mr. Fontana now moved approval of the above item. Seconded by Mr. Rivera PASSED AYES -9 NOES -0 NO. 98 BOND RES- COMPUTERS & TECHNOLOGY VARIOUS SCHOOLS CCP# 104,2/19 CCP# 81, 3/4 Mr. Fontana moved that the above item be taken from the table. Seconded by Mr. Rivera CARRIED Mr. Fontana now moved approval of the above item. Seconded by Mr. Rivera PASSED AYES -9 NOES -0 NO. 99 BOND RES- DEMOLITION - EMERGENCY CONDITIONS CCP# 105,2/19 CCP# 82, 3/4 Mr. Fontana moved that the above item be taken from the table. Seconded by Mr. Rivera CARRIED Mr. Fontana now moved approval of the above item. Seconded by Mr. Rivera PASSED AYES -9 NOES -0 NO. 100 BOND RES- DISTRICT HEAT DISTRIBUTIONS SYSTEM REPLACEMENT CCP# 106,2/19 CCP# 83, 3/4 Mr. Fontana moved that the above item be taken from the table. Seconded by Mr. Rivera CARRIED Mr. Fontana now moved approval of the above item. Seconded by Mr. Rivera PASSED AYES -9 NOES -0 NO. 101 BOND RES- EMERGENCY BRIDGE REPAIRS CCP# 107,2/19 CCP# 84, 3/4 Mr. Fontana moved that the above item be taken from the table. Seconded by Mr. Rivera CARRIED Mr. Fontana now moved approval of the above item. Seconded by Mr. Rivera PASSED AYES -9 NOES -0 NO 102 BOND RES- ENVIRONMENTAL REMEDIATION CITYWIDE CCP# 108,2/19 CCP# 85, 3/4 Mr. Fontana moved that the above item be taken from the table. Seconded by Mr. Rivera CARRIED Mr. Fontana now moved approval of the above item. Seconded by Mr. Rivera PASSED AYES -9 NOES -0 NO. 103 BOND RES -FIRE APPARATUS ACQUISITION CCP# 109,2/19 COP# 86, 3/4 Mr. Fontana moved that the above item be taken from the table. Seconded by Mr. Rivera CARRIED Mr. Fontana now moved approval of the above item. Seconded by Mr. Rivera PASSED AYES -9 NOES -0 NO. 104 BOND RES - HUMBOLDT PARKWAY STREETSCAPE CCP# 110,2/19 CCP# 87, 3/4 Mr. Fontana moved that the above item be taken from the table. Seconded by Mr. Rivera CARRIED Mr. Fontana now moved approval of the above item. Seconded by Mr. Rivera PASSED AYES -9 NOES -0 NO. 105 BOND RES -MARCY CASINO RESTORATION CCP# 111,2/19 CCP# 88, 3/4 Mr. Fontana moved that the above item be taken from the table. Seconded by Mr. Rivera CARRIED Mr. Fontana now moved approval of the above item. Seconded by Mr. Rivera PASSED AYES -9 NOES -0 NO. 106 BOND RES -NEW BOILERS CCP# 112,2/19 CCP# 89, 03/04 Mr. Fontana moved that the above item be taken from the table. Seconded by Mr. Rivera CARRIED Mr. Fontana now moved approval of the above item. Seconded by Mr. Rivera PASSED AYES -9 NOES -0 NO. 107 BOND RES -OUTER HARBOR - BRIDGE EIS CCP# 113,2/19 CCP# 90,03/04 Mr. Fontana moved that the above item be taken from the table. Seconded by Mr. Rivera CARRIED Mr. Fontana now moved approval of the above item. Seconded by Mr. Rivera PASSED AYES -9 NOES -0 NO. 108 BOND RES- PLANNING NEIGHBORHOOD INFRASTRUCTURE CCP# 114,2/19 CCP# 91, 3/4 Mr. Fontana moved that the above item be taken from the table. Seconded by Mr. Rivera CARRIED Mr. Fontana now moved approval of the above item. Seconded by Mr. Rivera PASSED AYES -9 NOES -0 NO. 109 BOND RES- RECONSTRUCTION VARIOUS SCHOOLS CCP# 115,2/19 CCP# 92, 3/4 Mr. Fontana moved that the above item be taken from the table. Seconded by Mr. Rivera CARRIED Mr. Fontana now moved approval of the above item. Seconded by Mr. Rivera PASSED AYES -9 NOES -0 NO. 110 BOND RES- STREETS VEHICLES CCP# 116,2/19 CCP# 93, 3/4 Mr. Fontana moved that the above item be taken from the table. Seconded by Mr. Rivera CARRIED Mr. Fontana now moved approval of the above item. Seconded by Mr. Rivera PASSED AYES -9 NOES -0 NO. 111 ANNOUNCEMENT OF COMMITTEE MEETINGS The following meetings are scheduled. All meetings are held in the Common Council Chambers, 13 floor City Hall, Buffalo, New York, unless otherwise noted. Regular Committees Committee on Civil Service Tuesday, March 25, 2008 at 9:45 o'clock A.M. Committee on Finance following Civil Service Tuesday, March 25, 2008 at 10:00 o'clock A.M. Committee on Comm. Dev. Tuesday, March 25, 2008 at 1:00 o'clock P.M Committee on Legislation Tuesday, March 25, 2008 at 2:00 o'clock P.M. Special Committees Committee on Waterfront Development Wednesday, March 26, 2008 at 10:30 o'clock AM (Public Disclaimer): All meetings are subject to change and cancellation by the respective Chairmen of Council Committees. In the event that there is sufficient time given for notification, it will be provided. In addition, there may be meetings set up whereby the City Clerk's Office is not made aware: therefore, unless we receive notice from the respective Chairmen, we can only make notification of what we are made aware. NO. 112 ADJOURNMENT On a motion by Mr. Fontana, Seconded by Mr. Kearns, the Council adjourned at 2:50 PM