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Home My WebLink About08-0415-0417PP (2)No. 8 PROCEEDINGS OF THE CITY OF BUFFALO April 15, 2008 PENSION PROCEEDINGS APRIL 17, 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 FINAL INVOCATION PLEDGE TO FLAG DATE April 15, 2008 MAYOR 1. (311) Detailed Summary FIN 2. Submission of Monthly Report (March 2008) R &F 3. ECHDC- Project Connecting Inner and Outer Harbor W /FRONT MAYOR - EXECUTIVE 4. Strat Plan -City Employees or Relatives Receiving Rehab or Housing Loans 3/24 R &F 5. Strat Plan -City Employees or Relatives Receiving Rehab or Housing Loans 3/26 R &F 6. Strat Plan - Results Neg 105 Burgard(Lov) APP 7. Strat Plan - Results Neg 441 East Ferry((Mas) CD 8. Strat Plan - Results Neg 95 Reed(Fill) CD 9. Strat Plan - Results Neg 91 Louisiana(Fill) APP 10. Strat Plan - Results Neg 125 Mulberry(Ell) APP 11. Strat Plan - Results Neg 506 Peckham(Fill) APP 12. Strat Plan - Results Neg 222 Titus(Fill) APP COMPTROLLER 13- 12AA Additional Information - Federal Financial Assistance FIN 14- 12AB Fund Balance Policy FIN COUNCIL PRESIDENT 15 -- 12A Letter to Commend Curtis McNally in Maintaining the 13 Floor R &F PUBLIC WORKS 16- 13. Notif Serials 10207- 10209(Waive 45 Days) R &F 17- 14. Change in Contract -City Wide Sidewalk Repl APP 18- 15. Change in Contract -MLK Jr Park -Roof Reconst(Mas) APP 19- 16. Change in Contract - Citywide Tree Removal APP 20- 17. Emergency Repairs Bird Island Pier APP 21- 18. Report of Bids -Court St Light Standard Repl APP 22- 19. Report of Bids - Museum of Science - Booster Pump Repl(Mas) APP 23- 20. Report of Bids - Seneca St Light Standard Repl APP 24- 20A Buffalo Water Bd Contract - American Water Services FIN 25- 20B 72 -76 Pearl St Staircase Within ROW(Ell) APP 26- 21. Appt Street Repair Worker (Temp)(Inter)(Howard) CS POLICE 27- 22. Change Order - Citywide Surveillance Camera Project APP 28- 23. Drug Asset Forfeiture Wire Transfers FIN CORPORATION COUNSEL 29- 24. Modification of Reversionary Interest in Bflo Psych Property APP 30- 24A LL Intro# 1- Chapter 20- Budget LEG 31- 24B Basil Group Req. for Removal of Easement -1180 Abbott Rd( #53,4/1) LEG PERMITS AND INSPECTIONS 32- 25. Food Store License -1270 Clinton(Fill) LEG 33- 26. Food Store License -1531 E. Delavan(Lov) LEG 34- 27. Food Store License 431 Leroy(Mas) APP W /COND 35- 28. Food Store License -955 Tonawanda (North) APP 36- 29. Ordinance Amendment -Deli Licensing R &F 37- 30. Restaurant Dance License Renewal - 20 Allen (Ell) APP W /COND 38- 31. Restaurant Dance License Renewal -33 E. Ferry(Mas) LEG 39- 32. Restaurant Dance License Renewal -2426 South Park(South) LEG 40- 33. Second Hand Dealer -333 Connecticut St (Nia) LEG 41- 34. Sidewalk Cafe License -461 Ellicott(Ell) APP 42- 35. Used Car Dealer -15 Skillen(North) APP CITY CLERK 43- 36. Mayor reported out of state R &F 44- 37. Liquor License Applications R &F 45- 38. Leaves of Absence R &F 46- 39. Notices of Appointments - Council Interns ADOPT 47- 40. Notices of Appointment - Seasonal R &F 48- 41. Notices of Appointments- Temp /Prov /Perm CS MISCELLANEOUS 49- 42. LP Ciminelli -Board Packet Documents April 2008 R &F 50- 43. B. Davis -D. Lokey- Adams -Legal Aid Monthly Report March 2008 R &F 51- 44. J. DeJac -Req Review of NYC Pedicab Law for COB LEG,CC,EDPI 52- 45. A. Diina- Damage Claim Notice 102 Warren, 1129 & 1131 Broadway(Fill) CLAIMS,CC 53- 45A R. Fontana, etc - Letter to Commend Curtis McNally in Maintaining 14 Floor R &F 54- 45B J. Golombek, etc- Letter to Commend Curtis McNally in SUBMISSION LIST OF COMMITTEE ITEMS FOR THE COUNCIL MEETINGS Maintaining 15 Floor R &F 55- 46. A. Jaros - Kaleida Health- Proposed Plan- Diagnostic and Treatment Center CD 56- 47. M. Kearns -Bflo News Article NFTA to Lease 100 Acres to Harbor Dev Corp _W/FRONT 57- 48. M. Kearns -R. Chapin- Letter Re GLF Grain Elevator /Mill Complex FIN 58- 49. W. Keresztes -C. Botticel lo- Letter to Parents Re: Addressing APP A -2 Concerns Discovery School ED 59- 49A M. LoCurto- Various Correspondences Re Seneca Nation's Bflo Creek Casino CD 60- 50. NYSDEC -Env Investigation -275 Franklin St R &F 61- 51. J. Pajak -2 Request Various Depts Responses to Council Comm FIN 62- 51A Phillips Lytle, LLP- Represent -Mercy Hospital Helipad -565 Abbott Rd LEG 63- 51 B M. Rodgers- Against Petition to Support Deli -255 Carolina LEG 64- 52. S. Radford -Req Discussion Re: Reports of Police Complaints and Invest. LEG,POL 65- 52A D. Smith - Canisius College- Replacement of Athletic Field Turf LEG 66- 53. D. Szymanski- NYSDEC- Repair Issues -Bern Metal /Univrsal Metal Site FIN PETITIONS A -9 67- 54. C. Barrett, Agent, Use 1000 Elmwood Ave, APP A -10 Expansion of A Restaurant(hrg 4 /22)(North(hrg 4/22)) LEG,CPBD - - - - -- 54A P. Gregory, Agent, Use 175 Division, South For A Parking Lot(EII)(hrg 4/22) OBJECT 68- 55. D. Fleming, Agent, Use 137 Mulberry for A HSF(EII)(No Pub Hrg) LEG,CPBD 69- 56. G. Smith, Owner, Use 19 Clyde St, Used Car Sales(Univ)(No Pub Hrg) LEG,CPBD 70- 57. V. Federiconi, Agent, Use 743 Hertel, AKA 699 Hertel for A HSF LEG,CPBD 71- 57A J. Palmer, Agent, Use 410 Massachusetts, For A HSF(Nla) LEG,CPBD 72- 58. D. Jackson - Support Deli, 255 Carolina LEG RESOLUTIONS Barbara Dixon 122- 58A Davis Moratorium on Surface Parking Lots APP 123- 59. Davis, etc Support the COB to Rec 100% of Casino Revenue From NYS ADOPT 124- 59A. Fontana Great Lakes Inter Iron Fest; Waiver of Curfew and Perm to erect $ 213.57 APP Tents in Houghton Park APP 125- 59B Golombek Utilizing Crimereports.com /Ctrime Prev LEG,POL,CC 126- 59C Kearns Declaring Intent of COB CC to act as Lead Agency Pursuant SEQRA APP B -10 Reg. Mercy Hosp Emer Dept Impr. ADOPT 127- 60. Kearns, etc Req City Depts & BURA to Submit Travel Lonny Laska $ 898.06 Expenses From 7/2006 ADOPT 1 sT & 2 ND RES REM BUDGET 128- 61. LoCurto Permission to Hang The Hellenic Festival Banner ADOPT 129- 61A LoCurto D/C Comm Dev ccp# 66,3/18 ADOPT D/C APP 130- 62. Rivera Perm to Hang Banner Delaware Near North St ADOPT 131- 63. Russell Budget & Personnel Amendment -Audit & Control APP 132- 64. Russell Budget & Personnel Amendment -Water APP 133- 65. Smith Comm of Deeds Public Duties ADOPT SUBMISSION LIST OF COMMITTEE ITEMS FOR THE COUNCIL MEETINGS CLAIMS PERSONAL INJURY 73- A -1 Kenneth D. LaDue $18,000.00 APP A -2 Willis Griffin $ 8,500.00 APP A -3 Raymond Burke $ 2,500.00 APP A -4 Sarah Cahill $ 2,500.00 APP A -5 Joanne Cummings $ 5,000.00 APP A -6 Ethel Dennis $10,000.00 APP A -7 Stacey Moss -Huber $ 3,500.00 APP A -8 Carol Kimmerle $40,000.00 APP A -9 Marsha Huard $ 2,000.00 APP A -10 Mary C. Waterman $ 5,000.00 APP PROPERTY DAMAGE 74- B -1 Marcene Ashwood $ 1,000.00 APP B -2 Kevin Barberg $ 1,421.17 APP B -3 Daniel Bohen $ 1,347.00 APP B -4 Carlos Costner $ 419.81 APP B -5 Barbara Dixon $ 5,000.00 APP B -6 Justine Dixon $ 200.94 APP B -7 Lawrence Fronczak $ 213.57 APP B -8 Gateway Wholesale Inc $ 150.00 APP B -9 Stephen Golonka $ 1,592.00 APP B -10 H &G Used Cars Inc $ 202.51 APP B -11 Lonny Laska $ 898.06 APP B -12 Liberty Mutual a /s /o John Adler $ 3,567.18 APP B -13 Antonietta Lobuzetta $ 16.37 APP B -14 Timothy Maloney $ 3,750.00 APP LEGISLATION B -15 Evonne Martin $ 454.27 APP B -16 Lynne McNamara $ 170.63 APP B -17 Michael Muscarella $ 956.54 APP B -18 Kimberly Ralph $ 2,226.13 APP B -19 Leroy Riley $ 270.00 APP B -20 Security Mutual a /s /o Raymond Nichols $ 4,614.05 APP B -21 Janet Strachan $ 56.09 APP B -22 Jesse Tharp $ 1,465.30 APP B -23 Travelers Ins a /s /o William Siperek $ 3,974.24 APP B -24 Jennifer Westerholt $ 46.79 APP B -25 Alison Wilson $ 1,370.39 APP B -26 Luethel Wilson $ 1,394.30 APP B -27 Charlene Yockey $ 50.00 APP MISCELLANEOUS INVOICE 75- C -1 Howard Beavers $ 3,179.00 APP C -2 Marilyn Calhoun -Allen $ 2.50 APP C -3 Yvonne Chimera $ 20.00 APP C -4 Diane Curthoys $ 18.00 APP C -5 Michael Donnelly $ 435.00 APP C -6 General Auto Sales & Service $ 2,960.00 APP C -7 Sharon Lindsay $ 20.00 APP C -8 Jean Pytlik $ 49.27 APP C -9 Srdjan Sikirica $ 425.00 APP C -10 Deborah Skulski $ 25.00 APP C -11 Stephen Stevenson $ 15.00 APP C -12 Alonzo Williams $ 59.49 APP MISCELLANEOUS INVOICES 76- D -1 Buffalo Police Athletic League $60,934.83 APP D -2 Buffalo Printers Supply Inc $ 205.67 APP D -3 DC Outdoor Services $ 6,007.95 APP D -4 Healthworks- WNY, LLP $ 1,330.00 APP D -5 North Eastern Uniforms & Equipment $ 445.95 APP D -6 Parkside Press $ 64.00 APP D -7 Secord & Secord $ 956.25 APP D -8 Southern Electric Supply $ 314.50 APP D -9 Tape Services Inc $ 8,639.75 APP D -10 Upper NYS Environmental Education $51,789.00 APP D -11 Utility Accounts $18,972.00 APP REPORT TO CLAIMS COMMITTEE 77- E -1 Philip Ramunno $ 184.74 APP CIVIL SERVICE 78- 1. Com 18 Apr 1 Appt Heavy Equipment Operator (Temp)(Inter)(Feldmann)(PW) APP 79- 2. Com 19 Apr 1 Appt Equipment Operator (Temp)(Max)(Pinelli) APP 80- 3. Com 22 Apr 1 Appt Police Captain (Perm)(Prom)(Richards)(Pol) APP 81- 4. Com 45 Apr 1 Notices of Appointments- Temp /Prov /Perm(Cty Clk) R &F 82- 5. Com 68 Sept 5 Amending Text /Appendices - Rules- Classified Civ. Service -Hrg. 9/20 R &F FINANCE 83- 6. Com 5 Apr 1 HOME Mixed Used Project, 1542 Main St PILOT (Del)(Strat Plan) APP 84- 7. Com 6 Apr 1 Lease 777 Seneca St(Fill)(Strat Plan) APP 85- 8. Com 9 Apr 1 Report of Auction 9/22/07 -105 Landon(EII)(Strat Plan) APP 86- 9. Com 15 Apr 1 Reduction in Retention Contract - Energy Performance APP 87- 10. Com 16 Apr 1 Report of Bids - Athletic Field Sprinklers (EII,Mas, South, Fill)(PW) APP 88- 11. Com 23 Apr 1 Municipal Code Violations Report(CC) R &F 89- 12. No 61 Feb 5 Results Real Estate Auction 9/22/07 260 Laurel, 248 Northampton & 533 Riley Only(Strat Plan)(# 6,11/27)(# 97,12/11) R &F 90- 13. Com 20 Jan 8 P. Hotung - Proposal to Acquire COB's Remaining Interest in the Main PI Pkg Ramp R &F 91- 14. No 55 Dec 26 Friends to the Elderly Lease Agreement( #143,12/11) RECOMMIT COMMUNITY DEVELOPMENT 92- 15. Com 13 Apr 1 J. Booth - Bicycle Pedestrian Advisory Bd Complete Streets Policy(PW) LEG 93- 16. Com 21 Apr 1 Speeding Issues and Irresponsible Drs - Marine Dr & Erie St(Pol) WFRONT 94- 17. No 56 Apr 1 Olmstead Park Volunteers Needed for Tree Planting R &F 95- 18. No 57 Apr 1 C. Paladino -ECC Parking Lot 175 S. Division R &F 96- 19. No. 41 Feb 5 B. Davis -C. Brown - Community Support for COB to Sell 390 Hudson St. to Howarth Colon of 388 Hudson St R &F 97- 20. Res 125 Mar 4 NYS Affordable Housing Corp 2007 -2008 Bflo Block -by Block Program(1 Res Only) R &F LEGISLATION 98- 21. No 60 Apr 1 K. Zhang, Owner, Use 752 Elmwood, Re- establish Use of Outdoor Cafe (Hrg 4/8/08)(Del) APP W /COND 99- 22. Com 2 Apr 1 Appt Exam. Bd of Electricians (Sciandra)(Mayor) APP 100 -23. Com 26 Apr 1 Food Store License -825 Broadway(Fill)(EDPI) APP 101 -24. Com 27 Apr 1 Food Store License - 117 -119 Colvin (Del)(EDPI) RECOMMIT 102 -25. Com 28 Apr 1 Food Store License -529 Dodge (EII)(EDPI) RECOMMIT 103 -26. Com 29 Apr 1 Food Store License -115 Englewood(Univ)(EDPI) APP 104 -27. Com 30 Apr 1 Food Store License -398 Grant (Nia)(EDPI) APP 105 -28. Com 32 Apr 1 Food Store License -1074 Kensington (Univ)(EDPI) DENY 106 -29. No 46 Apr 1 B. Davis -HR Req. on Vehicle and Traffic Law Amendments ADOPT 107 -30. No 53 Apr 1 M. Kearns -Basil Group -Req Removal of Easement 1180 Abbott Rd -Req RECOMMIT 108 -31. No 58 Apr 1 M. Rodgers- Concerns Neighborhood Delis R &F 109 -32. Res 112 Apr 1 LL Intro #1, 2008 - Amending the Charter in Regards to the Budget Fund Balance Policy APP 110 -33. Res 121 Apr 1 Ordinance Amend - Chapter 194, Food Stores APP 111 -34. No 89 Apr 1 Ordinance Amend - Chapter 194, Food Stores( #89,03/18) R &F 112 -35. Com 22 Mar 18 Scrap Processor 127 Fillmore (Fill)(EDPI) APP W /COND 113 -36. Com 24 Mar 18 Wholesale Junk Dealer 127 Fillmore (Fill)(EDPI) APP W /COND 114 -37. No 110 Mar 4 J. Booth - Bicycle Pedestrian Advisory Board - Complete Streets Policy APP 115 -38. Com 32 Feb 19 D. Thomas - Support- Hanging Banners for Be A Sport Program in Local Parks(BDED) R &F 116 -39. Com 2 Feb 5 Amend Ch 511 /City Code to Restrict Docking of Vessels in Bflo Coastal Rev Dist(Mayor) RECOMMIT 117 -40. Res 97 Feb 5 Ord Amend Ch 511 Zoning -Bflo Coastal Spec Rev District RECOMMIT 118 -41. Res 134 Mar 4 Ordinance Amend - Delicatessen Licensing ADOPT 119 -42. Com 44 Mar 4 Food Store License -389 Grider (Mas)(EDPI) RECOMMIT 120 -43. No 117 Mar 4 Food Store License 2005 Genesee (Lov)(EDPI)(31,0205)(78,02 /19) APP W /COND 121 -44. No 67 Nov 13 Food Store License - 117 -119 Colvin(Del)(EDPI) ( #53,9/4)( #88,9/18)( #89,10/2)( #92,10/16)( #82,10/30) R& F CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO TUESDAY, APRIL15, 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 April 1, 2008 were approved. FROM THE MAYOR NO. 1 311 DETAILED SUMMARY The Office of Mayor, Division of Citizen Services hereby submits for your Honorable Body's review of a summary as it relates to the planned 311 System implementation for the City of Buffalo, per the request of the Common Council staff. Over the past year, the City of Buffalo has toiled aggressively to research, design and implement a thorough process that would bring a state -of -the art "Best of Breed" 311 system to the City of Buffalo. The process included high -level city officials, skilled end users and community members. Input was gathered from a bevy of individual stakeholders representing private and public sector organizations. This system is viewed as a customer service improvement strategy within city government. The 311 system will simplify and shorten the time between a resident reporting a problem and receiving a resolution, while improving the delivery of city services both in terms of quantity and quality. The system will also be an effective management tool generating real -time reports that help department heads manage staff, track trends, highlight outstanding performance, target efficiency needs and maximize its resources under the guidance of the CitiStat initiative. Attached, you will find a summary as it relates to the progression of the Mayor's Call and Resolution Center and some of the anticipated efficiencies of the 311 System customer service strategy. REFERRED TO THE COMMITTEE ON FINANCE, NO. 2 SUBMISSION OF MONTHLY REPORT (MARCH 2008) The Office of Mayor, Division of Citizen Services, hereby submits, for your Honorable Body's review and approval, the monthly reports for the Mayor's Cal and Resolution Center for the month of March 2008, as mandated by Section 6 -20(c) of the City of Buffalo's City Charter. This monthly statistical report details the number and nature of inquiries, requests and complaints received. Under the directive of Mayor Brown, the Division of Citizen Services will be moving toward a 311 Customer Relationship Management system within the next few months that will dramatically enhance our ability to handle requests for city services, city information and non - emergency matters. Our 311 Call Center will strive to help City agencies provide efficient service delivery by allowing them to focus on their core missions and manage workloads efficiently, while providing insight into the needs of residents and ensudng that accurate and consistent services are delivered citywide to improve the quality of life for the citizens of Buffalo. RECEIVED AND FILED NO. 3 PROJECT CONNECTING INNER AND OUTER PROJECT Dear Mr. Schoetz: I understand Erie Canal Harbor Development Corporation is acting as the principal contracting agency for project scoping and required preliminary engineering activities for a bridge reconnecting the Inner and Outer Harbor given the Erie Canal Harbor Development Corporation's ( ECHDC) specific mission and the current development and planning activities it oversees. I understand that the ECHDC will include the City of Buffalo, the Common Council, and requisite departments within the City of Buffalo as involved agencies in the environmental review process. This will ensure the City of Buffalo's involvement in the ECHDC's initial consideration of potential bridge corridor alternatives, bridge types, and other issues associated with the work. Coordination will also prepare the City for the design and construction phase of this project, in which, as you recognize, the Common Council's approval will be required and the possibility exists for the Common Council or a City of Buffalo department to act as lead agent. Furthermore, I would expect an ongoing consultation between ECHDC and the City as to all related hiring decisions with particular focus on participation from City of Buffalo residents, minorities and females. I look forward to working with you on a "viable community alternative" for a new local bridge reconnecting the Inner and Outer Harbor. REFERRED TO THE COMMITTEE ON WATERFRONT DEVELOPMENT FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE OFFICE OF STRATEGIC PLANNING NO.4 CITY EMPLOYEES OR RELATIVE(S) OF CITY EMPLOYEES RECEIVING REHAB ORNEW HOUSING LOANS VARIOUS COUNCIL DISTRICTS The following individuals have applied for financial assistance through a program offered through the Office of Strategic Planning for housing rehab, or home purchase assistance. This item is filed to meet the public disclosure requirements of the U.S. Department of Housing and Urban Development. Deborah Mims 53 Leonard Street Buffalo NY Deborah Mims is an employee of the Belmont Shelter Corp. Callie McConico 253 Berkshire Ave Buffalo NY 14215 Aunt, Pamela Edwards is employed as a Teacher in the Board of Education. Patricia Radzikowski 325 Davey St Buffalo NY 14206 Sister, Margaret McCarville is employed as a Teacher's Aide in the Board of Education. Jerry Campbell 201 Comstock Ave Buffalo NY 14215 Brother, Tony Campbell, currently disabled, was employed by the Demolition Dept. Brother, Terry Campbell, is a lead foreman for the Mayor's Impact Team. Michael Marinaccio 49 Mariner St Buffalo NY 14213 Michael Marinaccio is an English Language Instructor with the Board of Education. Richard Zaehery 515 Berkshire Avenue Buffalo NY 14215 Richard Zaehery is employed by the Board of Education as a Bus Aide. Willis & Evelyn Williams 48 Riley St Buffalo NY 14209 Son, Richard Williams, is employed by the Board of Education as a Music Teacher. Marconi & Alice Combs 370 Florida St Buffalo NY 14208 Sister, Wanda Nelson, is employed by the Board of Education as a Secretary. Karen Lane 126 Stevens St Buffalo NY 14215 Daughter, Monique Walker, is employed by the Board of Education as a Bus Aide. Joyce Schmelzinger 125 Orlando St Buffalo NY 14210 Joyee is employed by the Buffalo Board of Education as a food service worker. Thaddeus Coleman, Sr. 225 Orleans St Buffalo NY 14215 Mr. Coleman's cousin, Crystal Barton, is Principal of McKinley H.S. RECEIVED AND FILED NO. 6 CITY EMPLOYEES OR RELATIVE(S) OF CITY EMPLOYEES RECEIVING REHAB ORNEW HOUSING LOANS The following individuals have applied for financial assistance through a program offered through the Office of Strategic Planning for housing rehab, or home purchase assistance. This item is filed to meet the public disclosure requirements of the U.S. Department of Housing and Urban Development. Lolita Newton 509 E. Utica St Buffalo NY 14208 Lolita Newton is employed by the Buffalo Board of Education as a Cook. Eva Hall 23 Mendola St. Buffalo NY 14215 Son, Gregory Hall, is employed part -time with the Board of Education as a Teacher's Aide. Andrew Bugnacki 61 Pavonia Street Buffalo NY 14207 Andrew Bugnacki is employed with the Board of Education as a Teacher's Aide. Constance Grissom 260 Sweet Street Buffalo NY 14212 Constance Grissom is employed with the Board of Education as a Food Service worker. Flora Palumbo 470 Seventh Street Buffalo NY 14201 Flora Palumbo is employed as a Crossing Guard. Mia Moore 173 Phyllis Ave Buffalo NY 14215 Ms. Moore is employed by the BMHA as a Housing Manager. Louise Hulett 121 Florida Street Buffalo NY 14208 Nephew, John Eberhardt, is employed as an Officer for the Buffalo Police Department Janice Radder 39 Juniata PI. Buffalo NY 14210 Son -in -law, Jay Duderwick, is employed as a Marketing Manager for the Division of Real Estate. Genique Meredith 24 Victoria - FLARE CHDO Home Purchase Buffalo, NY, 14214 Genique Meredith's mother, Daria Pratcher is President of the FLARE Board of Directors Ramona Lee 155 Durham Buffalo, NY, 14215 Ramona Lee is an account clerk typist with the Department of Community Services Sandra Craig 444 Stockbridge - UHCDA CHDO Home Purchase Buffalo, NY, 14215 Sandra is a food service helper with the Buffalo Board of Education RECEIVED AND FILED NO. 6 RESULTS OF NEGOTIATIONS 106 BURGARD, 100.26 S HAZEL VACANT LOT: 30'X 130' ASSESSED VALUATION: $1,600 The Office of Strategic Planning, Division of Real Estate has received a request to purchase 105 Burgard Place from Mrs. Patra L. Aiken, 103 Burgard Place, Buffalo New York 14211. Mrs. Aiken owns 103 Burgard Place, which is adjacent to 105 Burgard Place. She intends to use the vacant lot for additional yard space. The Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. The Division of Real Estate has investigated the sale of similar lots in the subject area. Sales range from Thirty Cents ($.30) to Forty -One Cents ($.41), per square foot. The results of our negotiations are that Mrs. Aiken has agreed and is prepared to pay One Thousand Two Hundred Dollars ($1,200), Thirty Cents ($.30) per square foot for the subject property. Mrs. Aiken has also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 105 Burgard Place in the amount of One Thousand Two Hundred Dollars ($1,200). 1 am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of the title and that the Mayor be authorized to execute the same. Mr. Fontana moved: That the above communication from the Office of Strategic Planning dated March 27, 2008, be received and filed; and That the offer from Mrs. Patra L. Aiken, residing at 103 Burgard Place, in the sum of One Thousand and Two Hundred Dollars ($1,200.00) for the purchase of 105 Burgard, 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. 7 RESULTS OF NEGOTIATIONS 441 EAST FERRY, 52.75 E WOHLERS VACANT LOT: 30'X 120' ASSESSED VALUATION: $2,700 The Office of Strategic Planning, Division of Real Estate has received a request to purchase 441 East Ferry Street from the Mr. Geoffrey Gerow, 449 East Ferry Street, Buffalo New York 14208. Mr Gerow owns 449 East Ferry Street and intends to use the vacant lot for additional green space. The Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. The Division of Real Estate has investigated the sale of similar lots in the subject area. Sales range from Fifty Cents ($.50) to One Dollar and Sixty -Three Cents ($1.63), per square foot. The results of our negotiations are that Mr. Gerow has agreed and is prepared to pay Three Thousand Six Hundred Dollars ($3,600), One Dollar ($1.00) per square foot for the subject property. Mr. Gerow has also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 441 East Ferry Street in the amount of Three Thousand Six Hundred Dollars ($3,600). 1 am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of the title and that the Mayor be authorized to execute the same. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 8 RESULTS OF NEGOTIATIONS 95 REED, 582.72 S SYCAMORE VACANT LOT: 30'X 115' ASSESSED VALUATION: $1,600 The Office of Strategic Planning, Division of Real Estate has received a request to purchase 95 Reed Street from Ms. Juanita Robinson, 97 Reed Street, Buffalo New York 14212. Ms. Robinson owns 97 Reed Street, which is adjacent to 95 Reed Street. She intends to use the vacant lot for extra yard space. The Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. The Division of Real Estate has investigated the sale of similar lots in the subject area. Sales range from Forty -Five Cents ($.45) to Sixty - Five Cents ($.65), per square foot. The results of our negotiations are that Ms. Robinson has agreed and is prepared to pay One Thousand Seven Hundred Dollars ($1,700), Fifty Cents ($.50) per square foot for the subject property. Ms. Robinson has also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 95 Reed Street in the amount of One Thousand Seven Hundred Dollars ($1,700). 1 am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of the title and that the Mayor be authorized to execute the same. REFERRED TO THE COMMIT -FEE ON COMMUNITY DEVELOPMENT. NO. 9 RESULTS OF NEGOTIATIONS 91 LOUISIANA, 341.50 S SOUTH VACANT LOT: 24'X 102' ASSESSED VALUATION: $2,000 The Office of Strategic Planning, Division of Real Estate has received a request to purchase 91 Louisiana from the Old First Ward Community Association, 62 Republic Street, Buffalo New York 14204. The Old First Ward Community Association owns 86 Louisiana Street and intends to use the vacant lot for community green space and future housing development. The Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. The Division of Real Estate has investigated the sale of similar lots in the subject area. Sales range from Fifty Cents ($.50) to Ninety -Five Cents ($.95), per square foot. The results of our negotiations are that the Old First Ward Community Association has agreed and is prepared to pay One Thousand Five Hundred Dollars ($1,500), Sixty Cents ($.60) per square foot for the subject property. The Old First Ward Community Association has also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 91 Louisiana Street in the amount of One Thousand Five Hundred Dollars ($1,500). 1 am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of the title and that the Mayor be authorized to execute the same. Mr. Fontana moved That the above communication from the Office of Strategic Planning dated March 27, 2008, be received and filed; and That the offer from the Old First Ward Community Association, 62 Republic Street, in the sum of One Thousand and Five Hundred Dollars ($1,500.00) for the purchase of 91 Louisiana, 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 &sale upon which the offer was submitted. PASSED AYES -9 NOES -0 NO. 10 RESULTS OF NEGOTIATIONS 126 MULBERRY, NORTH CORNER VIRGINIA VACANT LOT: 46'X 100' ASSESSED VALUATION: $1,400 The Office of Strategic Planning, Division of Real Estate has received a request to purchase 125 Mulberry Street from the Teen Challenge Training Center, Inc., 124 Locust Street, Buffalo New York 14204. They intend to use the vacant lot as a green buffer space for their new development of a Women's Center located at 129, 131, 135 and 137 Mulberry. The Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. The Division of Real Estate has investigated the sale of similar lots in the subject area. Sales range from Forty Cents ($40) to Seventy Cents ($70), per square foot. The results of our negotiations are that the Teen Challenge Training Center, Inc. has agreed and is prepared to pay Two Thousand Three Hundred Dollars ($2,300), Fifty Cents ($50) per square foot for the subject property. The Teen Challenge Training Center, Inc. has also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 125 Mulberry Street in the amount of Two Thousand Three Hundred Dollars ($2,300). 1 am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of the title and that the Mayor be authorized to execute the same. Mr. Fontana moved That the Office of Strategic Planning is hereby authorized to execute the necessary documents to transfer 125 Mulberry Street to the Teen Challenge Training Center, Inc for the purchase price of $2,300 so long as the purchaser pay the recondition fees and the documents be drafted pursuant to the terms upon which the offer was submitted PASSED AYES -9 NOES -0 NO. 11 RESULTS OF NEGOTIATIONS 606 PECKHAM, 30. W SEARS VACANT LOT: 30'X 100' ASSESSED VALUATION: $1,600 The Office of Strategic Planning, Division of Real Estate has received a request to purchase 506 Peckham Street from Mr. Arthur Kwiatkowski and Mrs. Maryann Kwiatkowski, 220 Losson Road, Cheektowaga New York 14227. Mr. and Mrs. Kwiatkowski own 508 Peckham Street, which is adjacent to 506 Peckham Street. They intend to use the vacant lot for additional yard space. The Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. The Division of Real Estate has investigated the sale of similar lots in the subject area. Sales range from Forty Cents ($.40) to Sixty -Eight Cents ($.68), per square foot. The results of our negotiations are that Mr. and Mrs Kwiatkowski have agreed and are prepared to pay One Thousand Seven Hundred Dollars ($1,700), Fifty -Five Cents ($.55) per square foot for the subject property. Mr. and Mrs. Kwiatkowski have also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 506 Peckham Street in the amount of One Thousand Seven Hundred Dollars ($1,700). 1 am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of the title and that the Mayor be authorized to execute the same. Mr. Fontana moved: That the above communication from the Office of Strategic Planning dated March 27, 2008, be received and filed; and That the offer from Mr. Arthur Kwiatkowski and Mrs. Maryann Kwiatkowski, residing at 220 Losson Road, Cheektowaga, in the sum of One Thousand and Seven Hundred Dollars ($1,700.00) for the purchase of 506 Peckham, 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 he authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES -9 NOES -0 NO. 12 RESULTS OF NEGOTIATIONS 222 TITUS, 222.66 S SYCAMORE VACANT LOT: 30'X 97' ASSESSED VALUATION: $1,400 The Office of Strategic Planning, Division of Real Estate has received a request to purchase 222 Titus Street from Mr. Gary L. Patterson, 198 Riley Street, Buffalo New York 14208. Mr. Patterson owns 224 Titus Street, which is adjacent to 222 Titus Street. He intends to use the vacant lot for additional yard space. The Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. The Division of Real Estate has investigated the sale of similar lots in the subject area. Sales range from Thirty Cents ($.30) to Seventy Cents ($70), per square foot. The results of our negotiations are that Mr. Patterson has agreed and is prepared to pay One Thousand Four Hundred Dollars ($1,400), Forty -Eight Cents ($.48) per square foot for the subject property. Mr. Patterson has also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 222 Titus Street in the amount of One Thousand Four Hundred Dollars ($1,400). 1 am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of the title and that the Mayor be authorized to execute the same. DEPARTMENT HEAD NAME: TIMOTHY E. WANAMAKER Mr. Fontana moved: That the above communication from the Office of Strategic Planning dated March 27, 2008, be received and filed; and That the offer from Mr. Gary L. Patterson, residing at 198 Riley Street, in the sum of One Thousand and Four Hundred Dollars ($1,400.00) for the purchase of 222 Titus, 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 FROM THE COMPTROOLLER NO. 13 ADDITIONAL INFORMATION ON FEDERAL FINANCIAL ASSISTANCE This is to advise that a copy of the Single Audit Additional Information on Federal Financial Assistance Programs received by the City of Buffalo for the fiscal year ended June 30, 2007 has been delivered to each Councilmember, the Common Council Chief of Staff, the City Clerk, the Mayor, the Comptroller, and the Budget Office. Included therein are the Independent Auditors' Reports of Deloitte & Touche LLP for the City, Conway Porter, CPA PC for the Urban Renewal Agency and Freed Maxick & Battaglia, CPAs, PC for the Board of Education. This report is available as a public record for inspection by all interested parties. Pursuant to amendments of 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 parties no later than ninety days after its receipt, or July 09, 2008 Copy available in City Clerk's Office REFERRED TO THE COMMITTEE ON FINANCE NO. 14 FUND BALANCE POLICY I am forwarding to your Honorable Body the Fund Balance Policy that would govern the existence and use of the reserve fund that is before the Council for consideration. The intent is to establish and maintain a minimum of a 30 -day level of unreserved fund balance to meet unanticipated and extraordinary operating or capital needs. Calculations for determining the size of the so- called Rainy Day Fund are included in the policy. I view this policy as sound and support the establishment of the Fund Balance Policy. City of Buffalo Fund Balance Policy Reserved Fund Balance Policy The Comptroller shall submit a calculation that determines the amount that may be placed in a reserve fund to the Mayor and Common Council within 30 days of receipt of the audited financial statements. Once the Common Council adopts a resolution authorizing the establishment of reserves in accordance with General Municipal Law, Section 6, the Comptroller shall reserve fund balance in the General Fund of an amount up to 15 days of the prior fiscal year's total general fund operating expenditures, or as otherwise authorized by law. The reserve shall be for the purposes allowed for in General Municipal Law, Section 6 -c. Unreserved Fund Balance Policy The City shall maintain a level of unreserved fund balance in the General Fund of no less than 30 days of the prior fiscal year's total general fund operating expenditures, per the audited financial statements ( "Rainy Day Fund "). This level is deemed sufficient for the size of Buffalo, the predictability of cash flows, and the relative liquidity of investments. The Rainy Day Fund will be recorded in the subsequent fiscal year's general ledger. In order to calculate the balance of the annual Rainy Day Fund, 8.33% (30/360) of the prior year's total General Fund expenditures per the audited financial statements will be determined. Such calculation will be performed by the Comptroller's Office and filed with the Common Council within 30 days after receipt of the audited financial statements. If during a fiscal year the City has extraordinary operating or capital needs that could not be anticipated and cannot be funded with current budget resources, the City may utilize its established "rainy day fund ", provided there is a zero balance in the "excess, unreserved fund balance ". The Rainy Day Fund balance shall be used to determine the balance that may be used as a resource in the subsequent year's budget as follows: The total unreserved fund balance at the end of the fiscal year, as shown on the Balance Sheet of the audited financial statements, shall be reduced by the unrestricted net deficit (as applicable) of the Enterprise Fund's Solid Waste and Recyling fund at the end of the fiscal year and by the Rainy Day Fund, calculated as defined above, resulting in an "adjusted unreserved fund balance ". Such amount shall also be calculated by the Comptroller's Office and filed with the Mayor and Common Council within 30 days upon receipt of the audited financial statements. The calculation is demonstrated below: Unreserved fund balance Net asset deficit of Solid Waste and Recycling Fund Balance of Rainy Day Fund Adjusted unreserved fund balance 25% of the calculated "adjusted unreserved fund balance" may be used as a resource in the subsequent year's budget. The remaining 75% may only be utilized for a nonrecurring expenditure and requires approval by the Mayor, Comptroller, and Common Council. If the City's Rainy Day Fund falls below the established threshold, the City shall appropriate 25% of the "adjusted unreserved fund balance" in the next and subsequent three - year's operating - budgets. The Rainy Day Fund" shall be replenished to its required threshold within a four =year period. Fund Balance Policy Review This fund balance policy shall be reviewed as necessary, but no less than once every 5 years to determine if the established level is still sufficient given the economic climate of the City. Changes to the policy require approval of 2/3 of the vote of the Common Council, and approval from the Mayor and Comptroller. REFERRED TO THE COMMITTEE ON FINANCE. FROM THE PRESIDENT OF THE COUNCIL NO. 15 CURTIS MCNALLY The following Councilmember's and their staff would like to commend Curtis McNally for his time, effort and diligence in maintaining the professional decor of our offices. The offices and restrooms have never been so clean and well -kept. We hope he continues to be assigned to the 13 floor, because as you know, our offices receive media and most importantly constituents on a daily basis. Therefore, with the attention that is being given to each office we are able to greet our visitors without embarrassment. Mr. McNally is also very respectful and never hesitates to accommodate the staff when he can. RECEIVED AND FILED FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO. 16 NOTIFICATION SERIAL # 10207 REPEAL NO STOPPING ON SOUTH PARK AVENUE, BOTH SIDES BETWEEN MICHIGAN AVENUE AND CHICAGO STREET(FILLMORE) NO STOPPING - REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 28 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: NO STANDING PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD South Park Avenue, both sides At all times between Michigan Avenue and Chicago Street This action is being taken as a result of recommendations made in the traffic impact study performed by the consultant designing the Seneca Buffalo Creek Casino Infrastructure and Right of Way Improvements project. NOTIFICATION SERIAL #10208 INSTALL NO STANDING ON SOUTH PARK AVENUE, BOTH SIDES BETWEEN MICHIGAN AVENUE AND CHICAGO STREET (FILLMORE) NO STANDING - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 22 Section 16 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: NO STANDING PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD South Park Avenue, At all times both sides between Michigan Avenue and Chicago Street This action is being taken as a result of recommendations made in the traffic impact study performed by the consultant designing the Seneca Buffalo Creek Casino Infrastructure and Right of Way Improvements project. NOTIFICATION SERIAL# 10209 INSTALL NO PARKING ON MARVIN STREET, EAST SIDE BETWEEN SOUTH PARK AVENUE AND FULTON STREET (FILLMORE) NO PARKING — INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 24 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: NO PARKING PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD Marvin Street, east side At all times between South Park Avenue and Fulton Street This action is being taken as a result of recommendations made in the traffic impact study performed by the consultant designing the Seneca Buffalo Creek Casino Infrastructure and Right of Way Improvements project. Waive 45 Days RECEIVED AND FILED NO. 17 CHANGE IN CONTRACT CITY -WIDE SIDEWALK REPLACEMENT - 2006 I hereby submit to Your Honorable Body the following request for additional work to the above named project. This change order is necessary to complete curb /sidewalk locations which had been damaged by watermain leaks at the following locations: 1.) Opposite #2281 Fillmore Avenue $777.50 2.) South Park - Leland to Aldrich $28,014.90 3.) #9 & #14 Tennessee $3,165.00 $31,957.40 Contract Item Description Unit Price Est. Quantity Est Cost 04.150 Ashphalt Concrete -Hand Laid $100 /ton 1.977 $ 197.70 R05.204 Concrete Sidewalks -4" Replacement $5 /sq ft 711.50 $ 3,557.50 R05.205 Concrete Sidewalks-5" Replacement $5.50sq ft 3,472.50 $19,098.75 R05.206 Concrete Sidewalks-6" Replacement $6 /sq ft 301.50 $ 1,809.00 05.220A Metal Reinforcement (6x6,6 "x6 ") $0.50 /sq ft 301.50 $ 150.75 05.414 Sawing Concrete ( </ =4 ")sidewalk $2 /lin.ft 106 $ 212.00 R07.104C Granite Curb — NYSDOT -Type "C" $35 /lin ft 22.70 $ 794.50 08.640 Manhole Frame Adjustment $100 /each 3 $ 300.00 09.812 Water Service Box — Top Section $75 /each 1 $ 75.00 09.820 Water Service Box - Adjustment $25 /each 1 $ 25.00 11.110 Hydroseed $0.20 /sq ft 106 $ 21.20 90.500 Miscellaneous Construction Allow. $10,000 /lump sum 55.16% $ 5,516.00 613.0101 topsoil $50 /cu yd 4 $ 200.00 Total $ 31,957.40 Existing Contract Amount $1,673.875.00 Increase in Contract $ 31,957.40 Total Contract to Date $1,705.832.40 Funds for this work are in the Water Capital Projects Account #53210716 - 445100 and permission is requested to accept a transfer into our Engineering Capital Projects Account #30032106 - 445100. I respectfully certify that this change order is fair and equitable for the work involved, and respectfully request that Your Honorable Body approve the subject change order and authorize the Commissioner of Public Works, Parks & Streets to issue said change order to P & J Construction Co., Inc. Mr. Fontana moved That the above communication from the Acting Commissioner of Public Works, Parks and Streets dated April 2, 2008, be received and filed; and That the Acting Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue a change order, to P & J Construction Co., Inc., an increase in the amount of $31,957.40, as more fully described in the above communication, for work relating to City -Wide Sidewalk Replacement - 2006, C #92011257. Funds for this project are available in Water Capital Projects Account #53210716 - 445100 and authorized to accept a transfer into the Engineering Capital Projects Account #30032106 - 445100. PASSED AYES -9 NOES -0 NO. 18 CHANGE IN CONTRACT MLK JR. PARK GREENHOUSE POTTING SHED ROOF RECONSTRUCTION MASTEN DISTRICT I hereby submit to Your Honorable Body the following changes for the MLK Jr. Park Greenhouse Potting Shed, Roof Reconstruction, Metro Development, C #93000078. 1. Furnish and install reconstruction of upper brick courses at both corners and upper 2 -3 courses at top of wall. ADD $ 3,185.00 The foregoing change results in a net increase in the contract of Three Thousand One Hundred Eighty Five and 00/100 Dollars ($3,185.00). Summary: Current Contract Amount $49,921.00 Amount of This Change Order ( #1) ADD $ 3,185.00 Revised Contract Amount $53,106.00 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 38320906 445100 - Division of Buildings. Mr. Fontana moved: That the above communication from the Acting Commissioner of Public Works, Parks and Streets dated April 2, 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. 1 to Metro Development, an increase in the amount of $3,185.00, as more fully described in the above communication, for work relating to MLK Jr. Park Greenh9use Potting Shed, Roof Reconstruction, Job #0745, C #93000078. Funds for this project are available in 38320906 - 445100 Division of Buildings. PASSED AYES -9 NOES -0 NO 19 CHANGE IN CONTRACT CONTRACT 92011105 SCHNECK'S TREE REMOVAL INC. 2006 CITYWIDE TREE REMOVALS Due to the immediate need for the removal of hazardous trees throughout the City of Buffalo, I have approved the following changes for the Citywide Tree Removals to be conducted by Schneck's Tree Removal, Inc. Additional Tree Removal Cost: Add $37,120.00 The foregoing change results in a net increase in the contract of thirty -seven thousand one hundred twenty and 00/100 Dollars ($37,120.00). Summary Current Contract Amount $561,056.10 Amount of This Change Order $ 37,120.00 Revised Contract Amount $598,176.10 Revised Contract Amount 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 Accounts No. 37400206 and No. 34310206 Mr. Fontana moved: That the above communication from the Acting Commissioner of Public Works, Parks and Streets dated April 9, 2008, be received and filed; and That the Acting Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue a change order to Schneck's Tree Removal, Inc., an increase in the amount of $37,120.00, as more fully described in the above communication, for work relating to Citywide Tree Removals, C #92011105. Funds for this project are available in Accounts No. 37400206 and No. 34310206. PASSED AYES - 9 NOES - 0 NO 20 EMERGENCY REPAIRS TO THE BIRD ISLAND PIER As a result of the high wind storm that occurred January 30, 2008 large pieces of lake ice were blown onto the Bird Island Pier Walkway. The railing system on the walkway was severely damaged when large pieces of ice snapped the railing posts from their bases and also damaged several lengths of cable between the posts. The Pier is located on the break wall between the Black Rock Canal and the Niagara River. The City of Buffalo shares maintenance responsibility of the pier with the U.S. Army Corps of Engineers. The Department of Public Works, Parks and Street solicited emergency bids from the follow contractors for repairs: H.F. Darling Engineering Contractors $25,000.00 131 California Drive Williamsville, New York 14221 Hohl Industrial $45,250.00 770 Riverview Boulevard Tonawanda. New York 14150 Colgate Industries No Bid 142 Colgate Avenue Buffalo, New York 14220 1 am hereby requesting your Honorable Body's permission to award the emergency repair contract to H.F. Darling Engineering Contractors. Due to the fact there is still ice on the walkway the contract price may increase or decrease dependent on the actual amount of material and time necessary to complete the repairs. Funds for this contract are available in account 31356306- 445100. Mr. Fontana moved: That the above communication from the Acting Commissioner of Public Works, Parks and Streets dated March 26, 2008, be received and filed; and That the Acting Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to award an emergency contract for Repairs to the Bird Island Pier, to H.F. Darling Engineering Contractors, the lowest responsible bidder, in the amount of $25,000.00. Funds for the project are available in account 31356306- 445100. PASSED AYES -9 NOES -0 NO. 21 REPORT OF BIDS; COURT STREET STREET LIGHT STANDARD REPLACEMENT GROUP #682 This is to advise Your Honorable Body that I have advertised and received bids on March 27, 2008. The following bids were received: Contractor Base Bid Total Bid Price Ferguson Electric Construction Co. Inc. 333 Ellicott Street $129,000.00 $135,450.00 Buffalo, NY 14203 South Buffalo Electric, Inc. 1250 Broadway Street $131,067.50 $137,620.88 Buffalo, NY 14212 O'Connell Electric Co. 830 Phillips Road $132,700.00 $139,335.00 Victor, NY 14564 Spoth Enterprises, Inc. 8746 Lakeshore Road Angola, NY 14006 $144,900.00 $152,145.00 1 hereby certify that the lowest responsible bidder for the above project is Ferguson Electric Construction Co. Inc. and I respectfully recommend that Your Honorable Body authorize a contract award to Ferguson Electric Construction Co. Inc. in the amount of $135,450.00. (Base Bid of $129,000.00 + [5% contingency increase] $6,450.00 equals [Total Award] $135,450.00.) This Contract is a lump sum bid, all work necessary to complete the project has been included in the contractors bid amount. Funds for this project are available in Account #34310606 - 445100 and Account #38310406 - 445100. The engineer's estimate for this work is $77,000.00. Mr. Fontana moved That the above communication from the Acting Commissioner of Public Works, Parks and Streets dated April 7, 2008, be received and filed; and That the Acting Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to award a contract for Court Street Light Standard Replacement, Group #682, to Ferguson Electric Construction Co., Inc., the lowest responsible bidder, in the amount of $135,450.00 (Base Bid of $129,000.00 + [5% contingency increase] $6,450.00 equals [Total Award] $135.450.00. Funds for the project are available in Account #34310606 - 445100 and Account #38310406 - 445100. PASSED AYES -9 NOES -0 NO. 22 REPORT OF BIDS MUSEUM OF SCIENCE BOOSTER PUMP & SERVICE REPLACEMENT JOB #0801 MASTEN DISTRICT I advertised for on March 4, 2008, and received the following formal sealed bids for the Museum of Science, Booster Pump & Service Replacement, which were publicly opened and read on March 25, 2008. Base Bid Alt. #1 Alt #2 Alt #3 L & D Johnson $51,546 $3,124 $2,586 $4,670 1478 E Delavan, Buffalo, NY Mollenberg Betz $59,585 $2,995 $3,540 $3,935 300 Scott, Buffalo, NY D. V. Brown & Associates $63,400 $3,000 $4,500 $5,500 567 Vickers, Tonawanda, NY W. C. Roberson & Sons $43,000 $2,650 $1,460 $2,140 602 E Delavan, Buffalo, NY Alternate #1 - Supply and install eight (8) 1 Y2' -2" water isolation valves at various points in the building. Alternate #2 - Supply and install new faucets, traps /tailpiece, shut off valves and piping to sinks in the two (2) 3 r floor washrooms. Supply and install new faucets on each of four (4) slop sinks in various locations in the building. Alternate #3 - Remove existing, supply and install new wall hung sink, drains, traps, shut off valves and traps in the: 2 nd Floor Women's Room, 1 t Floor Women's Room + same for H/C Sink, 1 sc Floor Men's Room + same for H/C Sink. Remove existing, supply and install new pedestal sink, drains, traps, shut off valves and traps in the 1 sc Floor Staff Toilet Room. I hereby certify that the foregoing is a true and correct statement of all bids received. W.C. Roberson & Sons was disqualified by Corporation Counsel because they did not have a bid bond, therefore, L & D Johnson Plumbing & Heating, Inc., with a Base Bid of $51,546.00, add Alternate #1 for $3,124.00, add Alternate #2 for $2,586.00, add Alternate #3 for $4,670.00, for a total bid of Sixty One Thousand Nine Hundred Twenty Six and 00/100 ($61,926.00) is the lowest responsible bidder in accordance with the plans and specifications. I recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to order the work on the basis of the low bid. Funds for this project are available in 30320806 445100, Buildings. Mr. Fontana moved: That the above communication from the Acting Commissioner of Public Works, Parks and Streets dated April 4, 2008, be received and filed; and That the Acting Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to award a contract for the Museum of Science, Booster Pump & Service Replacement, Job #0801, to L & D Johnson Plumbing & Heating, Inc., the lowest responsible bidder, in the Base Bid of $51,546.00, add Alternate #1 for $3,124.00, add Alternate #2 for $2,586.00, add Alternate #3 for $4,670.00 for a total bid of $61,296.00. Funds for the project are available in 30320806 445100, Buildings. PASSED AYES -9 NOES -0 NO. 23 REPORT OF BIDS SENECASTREET STREET LIGHT STANDARD REPLACEMENT GROUP #683 This is to advise Your Honorable Body that I have advertised and received bids on March 19, 2008. The following bids were received: Contractor Base Bid Total Bid Price O'Connell Electric Co. $58,300.00 $61,215.00 830 Phillips Road Victor, NY 14564 South Buffalo Electric, Inc. $94,440.00 $99,162.00 1250 Broadway Street Buffalo, NY 14212 Spoth Enterprises, Inc. $96,500.00 $101,325.00 8746 Lakeshore Road Angola, NY 14006 Concrete Applied Technologies Corp. $135,000.00 $141,750.00 Dba: CATCO 1266 Townline Road Alden, NY 14004 1 hereby certify that the lowest responsible bidder for the above project is O'Connell Electric Co. and I respectfully recommend that Your Honorable Body authorize a contract award to O'Connell Electric Co. in the amount of $61,215.00. (Base Bid of $58,300.00 + [5% contingency increase] $2,915.00 equals [Total Award] $61,215.00.) This Contract is a lamp sum bid, all work necessary to complete the project has been included in the contractors bid amount. Funds for this project are available in Account #37310506 - 445100. The engineer's estimate for this work is $100,000.00. Mr. Fontana moved: That the above communication from the Acting Commissioner of Public Works, Parks and Streets dated April 7, 2008, be received and filed; and That the Acting Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to award a contract for Seneca Street Light Standard Replacement, to O'Connell Electric Company, the lowest responsible bidder, in the amount of $61,215.00 (Base Bid of $58,300.00 + [5% contingency increase] $2,915.00 equals [Total Award] $61,215.00). Funds for the project are available in Account #37310506 - 445100. PASSED AYES -9 NOES -0 NO. 24 BUFFALO WATER BOARD CONTRACT WITH AMERICAN WATER SERVICES OPERATION AND MAINTENANCE INC. Attached please find the First Amendment to the Management Agreement between the Buffalo Water Board and American Water Services Operations and Maintenance, Inc. (AWS), for the operation of the water system. At their meeting of January 9, 2008, the Buffalo Water Board approved an amendment to the current management contract, which included a 2 -year extension for the purpose of maintaining the uninterrupted and professional management of the System until a new professional manager is in place. The amendment does not involve any major new programs or reordering of priorities. It is primarily an extension of the existing contract for the purpose of providing sufficient time for the Board to complete a thorough RFQ /RFP process to find a new manager. A proper RFQ /RFP process will ensure that a qualified contractor is selected and that the Board achieves the greatest possible value for its customers. Furthermore, the 2 -year process will allow the transition to take place within a stable environment and reduce the risk of disrupting operations and or cash flow activities. In summary the Amendment includes the following items: • The existing contract terms and conditions (except as noted below) will be extended for 2 years commencing July 1, 2000 and terminating on June 30, 2010. • AWS will continue to make annual vehicle investments in the same amount as agreed during the first 5 years of the contract. • AWS will reduce its annual management fee by $280,000 and by $290,000 in the first and second years of the 2 -year extension. • The Board is currently upgrading it pumping systems. These upgrades will allow the Board to provide water service to its customers more efficiently and ultimately save hundreds of thousands of dollars in reduced electricity costs. Under the current contract AWS would derive most of the benefit from these anticipated cost reduction. The amendment fixes AWS's annual cost for power at $2,440,197 during the 2 -year extension. This will allow the Board to benefit from the savings that result from their capital investments. • AWS has agreed to upgrade its customer service area to provide increased privacy for customers making special payment arrangements. AWS will make reasonable efforts to employ one or more students living in the City of Buffalo during the 2 -year extension for an annual amount not to exceed $30,000. • AWS will hire another full time employee /independent contractor to assist in the management of the System. • AWS will provide annual financial support up to $30,000 during the 2 -year extension for youth programs, scholarships, or neighborhood improvement projects. • AWS will implement improved payment verification processes. • AWS has agreed to work cooperatively with the City, BSA, Division of Water, and Audit Department to identify improvements to the issues raised in the recently released NYS Comptroller Audit of the BSA. This may include enhanced procedures, segregation of duties, adjustment guidelines and additional information /reporting to the Board and other City Agencies. • AWS will make revisions /improvement to the Billing System up to $10,000 as necessary. Under the terms of the Operation Agreement between the City of Buffalo and the Buffalo Water Board as amended August 1, 1997, the Board is requesting authorization to enter into the First Amendment to the Management Agreement between the Buffalo Water Board and AWS for the continued operation of the water system until June 30, 2010. COPY AVAILABLE IN THE CITY CLERKS OFFICE FOR REVIEW REFERRED TO THE COMMITTEE ON FINANCE NO 26 72 -76 PEARL STREET STAIRCASE WITHIN CITY RIGHT OF WAY (ELLICOTT DISTRICT) Mr. Drew J. Gedra and Mr. Earl A. Ketry, owners of the Pearl Street Grill and Brewery, located at 72 -76 Pearl Street, have requested permission to encroach City Right of Way at said address. The proposed staircase and railing would connect the second floor deck and the public sidewalk. The staircase would be elevated approximately nine (9) feet above the public sidewalk at one point and occupy seven (7) feet of right of way at the point it meets the sidewalk. A minimum of over 5' of public sidewalk will remain after installation. The department of Public Works, Parks and Streets has reviewed this request with regards to the encroachment issue pursuant to Chapter 413, Section 67 (encroachment regulations) of the City Charter and recommends that Your Honorable Body refer this item to the Planning Board for the necessary site plan review and approval. The applicant also needs Preservation Board approval and is on the April 17, 2008 agenda. If approved by the Planning Board and Your Honorable Body the Commissioner will issue a "Mere License" for said encroachment provided the following conditions are met: 1. That the applicant obtain any and all City of Buffalo permits necessary. 2. That the staircase and railing be installed exactly as shown on plans submitted to and approved by the Department of Permit & Inspection Services. Installation to be inspected and signed off by design professional. 3. That the applicant be responsible for maintenance of the encroachment as long as it remains within City Right of Way. 4. That the applicant supply the Department of Public Works, Parks and Streets with a certificate of insurance, in an amount deemed sufficient by the Corporation Counsel, which will indemnify and save harmless the City of Buffalo against any and all loss or damage arising out of construction, maintenance, use or removal of said staircase and railing. Mr. Fontana moved That the application of Drew Gendra and Earl A. Ketry, owners of the Pear Street Grill and Brewery, Located at 71 -7 Pearl Street to obtain a "mere encroachment" is hereby approved by the Common Council subject to the approval of the Planning Board PASSED AYES -9 NOES -0 NO 26 CERTIFICATE OF APPOINTMENT Appointment Effective 4/7/2008 in the Department of Public Works Division of Engineering to the Position of Street Repair Worker Temporary, Non - competitive at the starting salary of $28,817 Salvatore Howard, 149 Southside Pkwy, Buffalo 14220 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF POLICE NO 27 CHANGE ORDER FOR CONTRACT #93000079 CITYWIDE SURVEILLANCE CAMERA PROJECT I hereby submit to Your Honorable Body the following changes for the Citywide Surveillance Camera Project, Contract #93000079: Request to increase contract encumbrance for Johnson Controls to provide expansion of the current surveillance system for the purchase of three (3) additional cameras, an additional command control station center, and integrated camera system adaptable to the existing camera system located at People Inc /Crime Victim Assistance Program at Neighborhood Information Center, 1170 Broadway. The foregoing changes result in a net increase in the contract of $133,702.00 Summary Current contract amount $3,048,943.00 Amount of this change order ( #1) $ 133,702.00 Revised contract amount $3,182,645.00 Costs have been reviewed by the Department of Police, Planning and Analysis Unit and were found to be fair and equitable. Funds for this work are grant funds from the following sources: DCJS Operation IMPACT IV ($100,000 for 3 cameras); DCJS Legislative Camera Grant ($20,000 for additional control center); Weed /Seed Lower East Side Grant ($13,702 for integrated system at People, Inc.). The various grant Trust and Agency Accounts have been set -up with the Comptroller's Office. If you have any questions or concerns, please contact Inspector Joseph Strano at 851 -4879 or Captain Mark Makowski at 851 -5643. Thank you in advance for your cooperation and expediency in addressing this matter. Mr. Fontana moved: That the above communication from the Commissioner of Police dated April 10, 2008, be received and filed; and That the Commissioner of Police be, and he hereby is authorized to issue change order No. 1, an increase in the amount of $133,702.00, as more fully described in the above communication, for work relating to Citywide Surveillance Camera Project, C #93000079. Funds for this project are grant funds from DCJS Operation IMPACT IV ($100,000 for 3 cameras); DCJS Legislative Camera Grant ($20,000 for additional control center); Weed /Seed Lower East Side Grant ($13,702 for integrated system at People, Inc.). PASSED AYES - 9 NOES — 0 07- FBI - 001689 3110070022 27,384.12(15% SAFE) TOTAL $182,560.81 The Drug Enforcement Administration (DEA) and /or U.S. Customs has administratively forfeited the above referenced property. The funds were received by this Department through wire transfers and duly deposited in the Trust & Agency Account, #20010000 - 389001. 15% of these funds have been deposited into SAFF account 10326 for fulfilling year 2 expenditures under SAFF legislation. The remaining funds will be placed into one or more of the following accounts as deemed necessary by the Commissioner of Police: Educational Training /Seminar, Confidential Funds, Materials and Supplies, Firearms and Weapons, Communications and Computers, Electrical Surveillance, Purchase of Services, Improvements, Vehicles, Operating Equipment If you have any questions regarding the above mentioned, please contact Inspector Joseph Strano at 851 -4624. REFERRED TO THE COMMITTEE ON FINANCE FROM THE CORPORATION COUNSEL NO 29 MODIFICATION OF REVERSIONARY INTEREST IN BUFFALO PSYCHIATRIC CENTER PROPERTY The Department of Strategic Planning requests that your Honorable Body approve the modification of the City's reversionary interest in a portion of the Buffalo Psychiatric Center property. The resolution calls for the City of Buffalo to modify reversionary rights it holds to lands owned by the State of New York. The land involved is to be transferred from the control of the State Office Mental Health to the State University of New York for expansion of the campus of the State University College at Buffalo. The parcel at issue is approximately 4.89 acres located north of Rockwell Drive. The parcel is occupied by unused bakery, laundry and warehouse buildings. The modification will grant the land to the State University of New York and the city will retain a reversionary interest should the State University not construct a building or buildings on the land for purposes of higher education, instruction or research in connection with the State University of New York College at Buffalo. Mr. Fontana moved: That the above communication from the Department of Law dated April 10, 2008, be received and filed; and That the Common Council approves the modify reversionary rights it holds to lands owned by the State of New York and that the Mayor be, and he hereby is authorized to execute the attached quit claim deed for 4.89 acres located north of Rockwell Drive. PASSED AYES -9 NOES -0 NO 28 DRUG ASSET FORFEITURE WIRE TRANSFERS 07 -DEA- 486876 C2 -04 -0054 442.73 06 -DEA- 468255 C2 -06 -0102 1,443.05 07 -DEA- 479973 C2 -07 -0056 1,628.50 07 -DEA- 481057 C2 -07 -0063 5,036.75 06 -FB1- 004126 3110060045 1,810.91 07- FBI - 001689 3110070022 80,043.39 07 -DEA- 484516 C2 -07 -0085 987.55 07 -DEA- 487610 C2 -07 -0105 825.42 07 -DEA- 488861 C2 -07 -0114 3,658.34 07 -DEA- 489222 C2 -07 -0121 1,300.09 07 -DEA- 489495 C2 -07 -0126 448.09 07 -DEA- 489808 C2 -07 -0128 1,316.69 07 -DEA- 490057 C2 -07 -0130 14,968.27 07 -D EA- 490062 C2 -07 -0131 2,101.09 07 -DEA- 490354 C2 -08 -0001 2,942.89 07- DEA - 491428 C2-08 -0008 1,748.89 07- DEA - 491780 C2-08 -0011 1,280.89 08- DEA - 492057 C2-08 -0015 2,134.37 08- DEA - 492394 C2-08 -0018 31,058.78 07- FBI - 001689 3110070022 27,384.12(15% SAFE) TOTAL $182,560.81 The Drug Enforcement Administration (DEA) and /or U.S. Customs has administratively forfeited the above referenced property. The funds were received by this Department through wire transfers and duly deposited in the Trust & Agency Account, #20010000 - 389001. 15% of these funds have been deposited into SAFF account 10326 for fulfilling year 2 expenditures under SAFF legislation. The remaining funds will be placed into one or more of the following accounts as deemed necessary by the Commissioner of Police: Educational Training /Seminar, Confidential Funds, Materials and Supplies, Firearms and Weapons, Communications and Computers, Electrical Surveillance, Purchase of Services, Improvements, Vehicles, Operating Equipment If you have any questions regarding the above mentioned, please contact Inspector Joseph Strano at 851 -4624. REFERRED TO THE COMMITTEE ON FINANCE FROM THE CORPORATION COUNSEL NO 29 MODIFICATION OF REVERSIONARY INTEREST IN BUFFALO PSYCHIATRIC CENTER PROPERTY The Department of Strategic Planning requests that your Honorable Body approve the modification of the City's reversionary interest in a portion of the Buffalo Psychiatric Center property. The resolution calls for the City of Buffalo to modify reversionary rights it holds to lands owned by the State of New York. The land involved is to be transferred from the control of the State Office Mental Health to the State University of New York for expansion of the campus of the State University College at Buffalo. The parcel at issue is approximately 4.89 acres located north of Rockwell Drive. The parcel is occupied by unused bakery, laundry and warehouse buildings. The modification will grant the land to the State University of New York and the city will retain a reversionary interest should the State University not construct a building or buildings on the land for purposes of higher education, instruction or research in connection with the State University of New York College at Buffalo. Mr. Fontana moved: That the above communication from the Department of Law dated April 10, 2008, be received and filed; and That the Common Council approves the modify reversionary rights it holds to lands owned by the State of New York and that the Mayor be, and he hereby is authorized to execute the attached quit claim deed for 4.89 acres located north of Rockwell Drive. PASSED AYES -9 NOES -0 NO 30 LOCAL LAW INTRODUCTORY NO 1CHAPTER 20- BUDGET At the April 8, 2008 Regular Meeting of the Common Council's Legislation Committee, a question came up regarding Item No. 112 C.C.P. April 1, 2008, specifically whether or not the proposed Local Law is subject to mandatory referendum under Municipal Home Rule Law §23. New York State Municipal Home Rule Law §23 lists a number of situations in which a local law must be presented to the voters for a mandatory referendum in order to be adopted. The only relevant situation is contained in Municipal Home Rule Law §23(2)(f), which states, "Except as otherwise provided by or under authority of a state statute, a local law shall be subject to mandatory referendum if it ...[a]bolishes, transfers or curtails any power of an elective officer." §20 -17.1 of Local Law Introductory No. 1, 2008, sets aside an amount of general fund unreserved fund balance amounting to at least 30 days of prior year expenditures pursuant to a fund balance policy, which shall be approved by the Mayor, the Comptroller and the Common Council. It also provides for the creation of a reserved fund balance in an amount of up to 15 days of prior year general fund expenditures, which shall only be spent for the purposes specified in General Municipal Law §6 -c. In a recent Court of Appeals case, the Court narrowed the scope of Municipal Home Rule Law §23(2)( The Court of Appeals held that "the requirement of a referendum for legislation that 'curtails any power of an elective officer' must be read as applying only to legislation that impairs a power conferred on the officer as part of the framework of local government." Mayor of City of New York v. Council of City of New York 9 N.Y.3d 23, 33, 874 N.E.2d 706 (2007). However, as a general rule, a law that merely regulates the operations of city government is not a curtailment of an officer's power. Id. at 33. In the instant case, each elective officer's power in the City of Buffalo governmental structure is unimpaired and any limitation on any elective officer's ability to act is merely a consequence of legislative policymaking. The expenditure of the reserve funds is subject to the duly enacted policy that follows the same criteria for institution as the Budget itself. The Common Council's powers with the respect to the Annual Operating Budget are contained in City Charter §20 -8, which allows it to act on the Mayor's Budget and, if such actions are objected to by the Mayor, to override the Mayor's objection by a vote of two - thirds thereof. This power remains unchanged because the Council retains a simple majority voting power over the policy that will determine the strictures delineating the expenditure of the unreserved fund balance. With regard to the reserved balance, there is no change because there is no mandatory set aside as in the unreserved. The Mayor's powers with respect to the Budget under the City Charter are found primarily in § §20 -3, 20 -6 and 20 -8. These sections give the Mayor the power to prepare the annual operating budget on or before the 1 sc day of May, to prepare and submit a budget message and to object to any items added to the Budget by the Council after its submission thereto. None of these powers are curtailed by the adoption of a policy, which itself must be approved by the Mayor, the Common Council and the Comptroller, regulating the use of the unreserved fund balance, which shall have been initially appropriated in 2007 -2008. The Comptroller's powers with respect to the annual operating budget are contained in §20 -7 of the Charter, wherein, before May 10 the Comptroller shall submit to the Council an assessment of the accuracy of the revenue and expenditure estimates of the Budget the Mayor submits to the Council. While, the Comptroller's power may be slightly expanded in that he approves the policy regarding the expenditure of the unreserved budget, this expansion does not result in the curtailment or transfer of the power of any other elective officer. Thus, none of the elective Officers' powers are being transferred, abolished or curtailed through the passage of the Local Law. As the Comptroller opined in 1949, "the necessity for a referendum is obviated in the case of a local law amending the City Charter to authorize transfers between appropriations if the elective officers and bodies which have a voice in adopting the city budget are given the same power with respect to the authorization of budgetary transfers." (50p. St. Compt. 408, 1949). In the instant case, the elective officers retain the same powers with respect to the appropriation of the unreserved fund balance as they do with respect to the budget itself in that they maintain approval powers over the policy governing such appropriation, which are subject to the same approval procedure as the budget itself. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 31 BASIL GROUP REQ. FOR REMOVAL OF EASEMENT - 1180 ABBOTT ROAD REQUEST ITEM NO. 53 .C.C.P. 04/01/08) At the April 8, 2008 Regular Meeting of the Common Council's Legislation Committee, a question came up regarding the status of negotiations regarding the above - entitled matter and the request from Basil Group for the removal of a City -owned utility easement from the property it has purchased at 1180 Abbott Road. The following chronology of events has ensued regarding this matter. Basil approached the City and requested a Utility Easement Release from the City. The City Law Department informed Basil that it could not convey the City's interest in the real property without recovering the fair market value of the property as such a transaction would constitute an illegal girl of public funds under New York State Constitution Article VIII, Section !. City Charter and Code §27 -4 details the process by which the City's conveyance of the utility easement can be accomplished to insure that no such illegal gift is made. In an effort to spare Basil Group the expense of an appraisal, the City Law Department calculated the easement release price at $4,000 (four thousand dollars and zero cents). The release price was arrived based upon a straight square footage pro- ration of the subject easement area in relation to the entire parcel in light of the Three Hundred Forty Thousand and 00/100 Dollars ($340,000.00) purchase price paid for the parcel by Basil Group. Basil Group offered to execute an Easement Release in exchange for its payment of the recordation fees associated with the filing of the Utility Easement Release document, which would constitute an illegal gift of public funds. After being informed that the City could not possibly agree to such an arrangement without it constituting a girl of public funds, communication between the parties temporarily broke off. Recently Basil has contacted the City and implored it to consider relocation of the easement to avoid any gift of public funds issues and to relieve Basil of any obligation to purchase the easement, as it can be relocated to a portion of the lot that is not slated to be built on, but only paved over. Counsel for Basil Group is currently advising his client of this option. The City Law Department is inclined to accept this arrangement so long as the easement provides for access rights in the event that the City needs to utilize the easement for utilities, that there are no utilities located where the current easement runs across the property and, in the event that there are, that said utilities be relocated by Basil to the new easement area. Currently, the City is awaiting the response of Basil Group as to whether or not the above - described proposal is a tenable solution to the problem. REFERRED TO THE COMMITTEE ON LEGISLATION. FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT & INSPECTION SERVICES NO. 32 DEPARTMENT OF ECONOMIC DEVELOPMENT PERMIT & INSPECTION SERVICES OFFICE OF LICENSES FOOD STORE LICENSE 1270 CLINTON (FILLMORE) Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 1270 Clinton (The Clinton Market) and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collections Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION. NO. 33 FOOD STORE LICENSE 1531 DELAVAN EAST (LOVEJOY) Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 1531 Delavan East (City Center Grocery) and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collections Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION. NO, 34 FOOD STORE LICENSE 431 LEROY (MASTEN) Pursuant to Chapter 194 of the City of Buffalo Ordinances please be advised that I have examined the attached application for a Food Store License located at 431 Leroy (Leroy Save More) and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collections Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Mr. Fontana moved That, pursuant to Chapter 194, the Commissioner of Permits and Inspections Services be authorized to issue a Food Store License to Ahmed Shamman for 431 Leroy (Leroy Save More) subject to the following conditions 1. All Mechanical devices /machines shall be kept in working order 2. No Cigarette, beer, lotto display on outside of store or windows 3. No loitering in or about the store 4. Any violation of tobacco sales laws shall result in automatic revocation 5. No handwritten or drawn decorations 6. Garbage cans must be outside(Outside receptacles) 7. Perimeter must be cleaned within one hour of opening 8. Any violation of conditions constitutes goods for automatic revocation PASSED WITH CONDITIONS AYES -9 NOES -0 NO. 35 FOOD STORE LICENSE 955 TONAWANDA (NORTH) Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 955 Tonawanda (Blue Sky Market) and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collections Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Mr. Fontana moved: That the above communication from the Department of Economic Development, Permit and Inspections Services dated April 3, 2008, be received and filed; and That pursuant to Chapter 194 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services be, and he hereby is authorized to grant a Food Store License to Jaafar Aljenahi located at 955 Tonawanda (Blue Sky Market). PASSED AYES -9 NOES -0 NO. 36 "ORDINANCE AMENDMENT: DELICATESSEN LICENSING" ITEM NO. 134, C.C.P. MARCH 008: This correspondence is in response to the Common Council's request for comments and /or recommendations concerning item # 134 CCP March 5, 2008 regarding the proposed resolution "allowing for Common Council approval of renewal of license applications for delicatessens "; and "the creation of a mechanism where citizen complaints, police reports and inspection citations disallow the automatic renewal of a delicatessen license ". In response to the "automatic" renewal of Food Store (delicatessen) licenses; please be advised that there are no provisions for the "automatic" renewal of any Food Store licenses. The procedures for issuing Food Store licenses are as follows: (1) All new Food Store applications must be approved by the Zoning Office, Building Inspection Office, Fire Prevention Bureau, Police Department, Collections Office and the Common Council. (2) All renewal Food Store licenses must be approved by the Building Inspection Office and the Police Department prior to a renewal license being granted. In addition to the aforementioned renewal requirements, the Department of Economic Development, Permit & Inspection Services in a recent agreement with this Honorable Body has implemented the policy of filing a list of all expiring Food Stores licenses with the Common Council prior to any renewal licenses being issued. In accordance with said agreement, this list was filed with the city Clerk's Office on January 15, 2008 for Food Stores with licenses expiring on April 1, 2008. The Common Council or any individual member can notify the Department of Economic Development, Permits & Inspection Services as to specific problematic Food Stores and this department will conduct an investigation prior to renewing said Food Store license. In response to "creating a mechanism where citizen complaints, police reports and inspection citations disallow the automatic renewal of delicatessen license: There currently is a "mechanism" already in place whereby both the Building Inspection Office and the Police Department must review the background of the owner and all police calls for the subject address for all Food Stores prior to the renewal of their licenses. These respective agencies inspect and can recommend the disapproval of the renewal of a Food Store license. Should either of these agencies deem the Food Store to be violating any of the codes or laws these respective agencies enforce, or if other relevant information comes to the attention of the Department, we may decide against the renewal of the license. Finally, as a result of the Committee meeting held on Thursday March 27, 2008, we wish to inform you that this Department would not object to a request by the Common Council for a thirty day moratorium on the renewal of food store licenses. It is understood that during the moratorium period, food stores that had valid, but expired licenses would be allowed to continue to operate. During this period, the Department will work with the Council to see if any additional changes should be made to the law. During this time, we request that Councilmember's review the Food Store renewal list filed on January 15, 2008 to identify "problematic" Food Stores and make written request to this department to cause an investigation as to Whether or not an Administrative Hearing regarding the possible revocation or denial of renewal of any Food Store license is appropriate. RECEIVED AND FILED NO. 37 RESTAURANT DANCE LICENSE (RENEWAL) 20 ALLEN (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 20 Allen (Adonia's) for which said renewal application for a Restaurant Dance Class III license is being sought by Yvonne White 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. That the application of Yvonne White for a class III Restaurant Dance License for 20 Allen (Adonias) be approved by the Common Council subject to the following conditions 1. No one under the age of 21 be permitted after 10 pm 2. All graffiti be removed within 72 hours 3. Exterior must be cleared and free of debris by 7:00 am 4. There shall be no plastic banners or non permanent signage displayed between 7:00 & 9:00 pm daily 5. There shall be no outdoor music allowed 6. The license is non - transferable 7. No special events or public dances to be held by anyone other then the owner 8. No Co- mingling events between those of legal age and those under 21 PASSED WITH CONDITIONS AYES -9 NOES -0 NO. 38 RESTAURANT DANCE LICENSE (RENEWAL) 33 FERRY (MASTEN) Pursuant to Chapter 150 of the City of Buffalo Ordinances, please be advised that I have caused an investigation into the premises located at 33 Ferry East (Wall Street) for which said renewal application for a Restaurant Dance Class III license is being sought by Trunnis Goggins and according to the attached reports from the Fire Department, Police Department and Building Inspections, I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION. NO. 39 RESTAURANT DANCE LICENSE (RENEWAL) 2426 SOUTH PARK (SOUTH) Pursuant to Chapter 150 of the City of Buffalo Ordinances, please be advised that I have caused an investigation into the premises located at 2426 South Park (South Park Bowling Inc.) for which said renewal application for a Restaurant Dance Class 1V license is being sought by Tamara Recckio and according to the attached reports from the Fire Department, Police Department and Building Inspections, I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION. NO. 40 SECOND HAND DEALER 333 CONNECTICUT ST (NIAGARA) Pursuant to Chapter 254 of the City of Buffalo Ordinances please be advised that I have examined the attached application for a Second Hand Dealer License located at 333 Connecticut St and find that as to form is correct. I have caused an investigation into the premises for which said application for a second hand dealer license is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspections. I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of Ismail Smailoric. The attached thereto for Ismail Smailoric d /b /a Duda Second Hand Store. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION. NO. 41 SIDEWALK CAFE LICENSES 461 ELLICOTT ( ELLICOTT) The Common Council approved a sidewalk cafe for the restaurant located at 461 Ellicott on April 19, 2005 (Item #23). The restaurant, known as The Washington Market is now owned by Victor Khoury. Mr. Khoury has requested permission to install a similar car& The Department of Permit & Inspection Services has no objection to you Honorable Body authorizing the Commissioner to issue a "mere license" to encroach City right of way provided all conditions in the above mentioned approval are met. Mr. Fontana moved: That the above communication from the Department of Economic Development, Permit and Inspections Services dated April 8, 2008, be received and filed; and That pursuant to Chapter 254 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services Permit be, and he hereby is authorized to grant a Used Car Dealer license to Renzo Tiburzi d /b /a Buffalo Automotive Inc. located at 15 Skillen. PASSED AYES -9 NOES -0 NO. 42 USED CAR DEALER 16 SKILLEN Pursuant to Chapter 254 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Used Car Dealer License located at 15 Skillen and find that as to form is correct. I have caused an investigation into the premises for which said application for a used car dealer license is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspections, 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 Renzo Tiburzi. The attached thereto for Renzo Tiburzi dba /Buffalo Automotive Inc. 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 April 8, 2008, be received and filed; and That pursuant to Chapter 254 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services Permit be, and he hereby is authorized to grant a Used Car Dealer license to Renzo Tiburzi d /b /a Buffalo Automotive Inc. located at 15 Skillen. PASSED AYES -9 NOES -0 FROM THE CITY CLERK NO. 43 MAYOR OUT OF STATE In accordance with §4 -4 of the City Charter, please take notice that I will be out of the state on April 2, 2008. 1 hereby designate Janet Penksa, Commissioner of Administration, Finance, Policy & Urban Affairs, as acting Mayor in my absence. RECEIVED AND FILED NO. 44 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 69 Delaware Avenue Andiamo Ristorante. Inc Andiamo Ristorante Inc 1680 Elmwood Avenue 1680 Elmwood Avenue James E Hambridge -Agent 1458 Hertel Avenue K U F N E Inc K U F N E Inc RECEIVED AND FILED NO. 46 LEAVES OF ABSENCE WITHOUT PAY I transmit herewith notifications received by me, reporting the granting of the leaves of absence without pay, in the various departments as listed: x Fire- David Scheiber x Administration, Finance & Urban Affairs- Kathleen Marciano RECEIVED AND FILED. NO. 46 NOTICES OF APPOINTMENTS - COUNCIL INTERNS I transmit herewith appointments to the position of Council Intern. Mr. Fontana moved the approval of the appointments to the position of Council Intern. ADOPTED. CERTIFICATE OF APPOINTMENT Appointment Effective: 03/27/2008 in the Department of Common Council, Division of Lovejoy District to the position of Intern VI, Temporary, Non Competitive at the flat salary of $10.00 /hr Joel Seifert, 40 Littell, Buffalo, NY 14210 NO. 47 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: 3/31/2008 in the Department of Public Works, Parks and Streets, Division of Streets to the Position of Laborer 11, Seasonal at the Flat salary of $11.11 /hr Francisco Casillas, Jr, 195 Ross Avenue, Buffalo, NY 14207 CERTIFICATE OF APPOINTMENT Appointment Effective: 4/1/2008 in the Department of Public Works, Parks and Streets, Division of Streets to the Position of Laborer 11, Seasonal at the Flat salary of $11.11 /hr Demetrius Bembry, 50 Peace Street, Buffalo, NY 14211 CERTIFICATE OF APPOINTMENT Appointment Effective: 4/7/2008 in the Department of Public Works, Parks and Streets, Division of Streets to the Position of Laborer 11, Seasonal at the Flat salary of $11.11 /hr Jonathan Velazquez, 70 Pavonia Street, Buffalo, NY 14207 CERTIFICATE OF APPOINTMENT Appointment Effective: 04/09/2008 in the Department of Public Works, Parks and Streets, Division of Streets to the Position of Clerk, Seasonal at the Flat salary of $11.11 /hr David Marciano, 148 Fargo Avenue, Buffalo, NY 14201 NO 48 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 ON APPOINTMENT Appointment Effective 3/31/2008 in the Department of Public Works Division of Engineering to the Position of Traffic Signal Technician, Provisional, Minimum at the starting salary of $34,287.00 Anthony DiSarno, 103 Narragansett Rd, Buffalo 14220 CERTIFICATE ON APPOINTMENT Appointment Effective 3/31/2008 in the Department of Public Works, Parks & Streets Division of Streets to the Position of Clerk, Permanent, Appointment, Minimum at the starting salary of $25,162 Debra A. Kotsis, 779 Auburn Ave, Buffalo 14222 CERTIFICATE ON APPOINTMENT Appointment Effective 4/9/2008 in the Department of Public Works Division of Engineering to the Position of City Forester, Provisional, Appointment, Minimum at the starting salary of $43,723 Jeffrey D. Brett, 715 Delaware Ave Apt 714, Buffalo 14222 CERTIFICATE ON APPOINTMENT Appointment Effective 4/14/2008 in the Department of Public Works Division of Engineering to the Position of Engineering Inspector, Provisional, Appointment, Minimum at the starting salary of $35,598 Paul Zynda, 1088 Delaware Ave apt 3B, Buffalo 14209 CERTIFICATE ON APPOINTMENT Appointment Effective 3/24/2008 in the Department of Economic Development, Permit and Inspection Services Division of District Inspections to the Position of Building Inspector, Temporary, Appointment, Minimum at the starting salary of $39,499 Angela R. Dixon, 18 Hauf Street, Buffalo 14208 CERTIFICATE ON APPOINTMENT Appointment Effective 3/31/2008 in the Department of MIS to the Position of Computer Programmer, Temporary, Appointment, Step 1 at the starting salary of $38,358 Kathryn Barker, 246 Prospect, Buffalo 14201 CERTIFICATE ON APPOINTMENT Appointment Effective 3/14/2008 in the Department of Law Division of Law to the Position of Assistant Corporation Counsel II, Temporary, Non - Competitive, Minimum at the starting salary of $55,756.00 Brendan Mehaffy, 701 Lafayette Avenue, Buffalo 14222 CERTIFICATE ON APPOINTMENT Appointment Effective 4/07/2008 in the Department of Admin. & Finance, Policy & Urban Affairs Division of Inventory & Stores to the Position of Laborer II, Permanent, Non - Competitive, Minimum at the starting salary of $24,429 Paul L. Desiderio, 62 Pontiac St, Buffalo 14206 NON - OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON -OFFICIAL COMMUNICATIONS No 49 BOARD PACKET DOCUMENTS Attached are the following documents from the Joint Schools Construction Board meeting scheduled on April 7, 2008: 1. Draft Agenda 2. Meeting Minutes and attachments from JSCB Meeting dated March 3, 2008 3. Phase III Application and Certificate for Payment No. 12 - March 2008 4. Fully Executed Phase III Application and Certificate for Payment No. 11 - February 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 - February 2008 7. Inclusion Development Associates, Inc. Construction Contract Compliance Monitoring Monthly Report for Phase III- February 2008 RECEIVED AND FILED NO 50 LEGAL AID MONTHLY REPORT FOR MARCH 2008 Please file the attached item for further discussion at the next Common Council session to be held Tuesday, April 15, 2007. Thank you in advance for your assistance with this matter. Dear Chairperson Davis, Enclosed please find a copy of our Monthly Report and Monthly Activity Report for March 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. COPY AVAILABLE IN THE CITY CLERKS OFFICE FOPR REVIEW RECEIVED AND FILED NO 51 PEDICAB LAW FOR COB In reviewing the charter for the City of Buffalo, I discovered that there are no laws governing or regulating the use of pedicabs within city limits. Attached is a copy of the Pedicab Law for the City of New York. I own a pedicab and believe that the City of Buffalo should enact similar legislation. Pedicabs are very popular in other parts of the country and I think it is time for the City of Buffalo to get on board. Please file this letter and attachment for the Common Council meeting scheduled for April 15, 2008. Thank you for your kind consideration in this matter. COPY AVAILABLE IN THE CITY CLERKS OFFICE FOR REVIEW REFERRED TO THE COMMITTEE ON LEGISLATION, THE CORPORATION COUNSEL AND EDPI NO 52 DAMAGE CLAIM NOTICE AT 102 WARREN AVENUE, BUFFALO, NY To Whom It May Concern: Please be aware 80 feet of my fence at 102 Warren Avenue was destroyed by demolition contractors working for the City demolishing the adjoining Warren /1127 Broadway property. City Fence estimates replacement cost at $1440.00, Oneida Fence estimates replacement cost at $1630.00. Please also be aware that damages to my building at 1129/1131 Broadway of $4700.00 reported oil February 19 and March 2008 has no response. This should be placed on the Council agenda. REFERRED TO THE COMMITTEE ON CLAIMS NO 53 CURTIS MCNALLY The following Councilmember's and their staff would like to commend Curtis McNally for his time, effort and diligence in maintaining the professional decor of our offices. The offices and restrooms have never been so clean and well -kept. We hope he continues to be assigned to the 14 floor, because as you know, our offices receive media and most importantly constituents on a daily basis. Therefore, with the attention that is being given to each office we are able to greet our visitors without embarrassment. Mr. McNally is also very respectful and never hesitates to accommodate the staff when he can. Richard A. Fontana Michael P. Kearns Michael J. LoCurto Brian C. Davis RECEIVED AND FILED NO 64 CURTIS MCNALLY The following Councilmember's and their staff would like to commend Curtis McNally for his time, effort and diligence in maintaining the professional decor of our offices. The offices and restrooms have never been so clean and well -kept. We hope he continues to be assigned to the 15 floor, because as you know, our offices receive media and most importantly constituents on a daily basis. Therefore, with the attention that is being given to each office we are able to greet our visitors without embarrassment. Mr. McNally is also very respectful and never hesitates to accommodate the staff when he can. Joseph Golombek Jr. Bonnie E. Russell David A. Rivera RECEIVED AND FILED NO 66 PROPOSED PLAN DIAGNOSTIC & On behalf of the Women & Children's Hospital of Buffalo, I am respectfully requesting time in front of the honorable Common Council to present our proposed plan for a new five -story outpatient diagnostic and treatment center on Hodge Avenue. This $65M treatment center is the first step in completing an overall $100M investment in the campus. The outpatient treatment center will create several benefits for our patient families and the specialized physician, nursing and other clinical and support staff that provides care and services at Women & Children's Hospital. As a follow up, Michael P. Hughes, Kaleida Health's Vice President for Public Affairs, will be contacting your office in the coming days to arrange a date and location. Thank you in advance for your time and consideration, in this matter. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 66 ARTICLE - NFTA READY TO LEASE 100 ACRES TO HARBOR DEV. CORP I would like to file the attached information for the next Common Council meeting to be held on April 15, 2008. NFTA ready to lease 100 acres to Harbor Development Corp. By Sharon Linstedt NEWS BUSINESS REPORT The state development agency in charge of reinventing the downtown Buffalo waterfront -- including a Bass Pro Shops store -- will soon control the city's outer harbor, too. The Niagara Frontier Transportation Authority is preparing to lease more than 100 acres of undeveloped land along Fuhrmann Boulevard to the state's Erie Canal Harbor Development Corp. The proposed five -year lease, which would see the agency spend a minimum of $3 million to "green up" the parcel, also would require completion of a master plan for the site. The NFTA also anticipates the harbor agency will purchase all 120 acres of its outer harbor land at the end of the lease term. "It's better off in the hands of people who have waterfront development as their sole purpose. We're here to run public transportation, they were set up to create a world -class waterfront," NFTA Chairman Gregory Stamm said. The planned aesthetic improvements will include planting of grass and other vegetation to reduce what Stamm described as the property's "dust bowl" look. The greening efforts will be concentrated on perimeters of the property that are visible to passers -by along Fuhrmann Boulevard and those using the new $13.6 million Outer Harbor Greenbelt. That pedestrian pathway will debut later this spring along the water's edge from the Seaway Piers to the Small Boat Harbor. The lease arrangement provides needed planning time, said Jordan K. Levy, chairman of the harbor agency. "We need to figure out what we're doing out there because we want to get it right," Levy said. "In the next five years, we're going to have the inner harbor nailed, and then we'll be able to integrate that with the outer harbor." The NFTA, which has faced criticism for letting the property sit nearly fallow for decades, voted in September 2006 to open talks with the state development agency about taking control of the land. While the outcome of those discussions was expected to be a sale, not lease, both Levy and Stamm said the lease is the more expedient option. "We intentionally focused on a lease so we could begin to make aesthetic improvements right away," Levy said, noting the complexity of the eventual title transfer. "The lawyers will need many, many months" to complete sale documents, predicted Stamm, an attorney. "So instead of sitting around, we can do a lease now, they can get out there to green it up, and we'll figure out the details of ownership later," Stature said. The NFTA board of commissioners is expected to approve a memorandum of understanding outlining the lease deal when it meets today, with a formal lease vote likely in May. If that timetable holds, the harbor agency could begin landscaping improvements this summer. The proposed outer harbor lease deal will not include the Port Terminal building, which the NFTA leases to several businesses. The development agency is currently focusing its efforts on the $500 million Canal Side redevelopment plan for a 23- block area near the foot of Main Street, along the Buffalo River. The massive project includes demolition of Memorial Auditorium to make room for a Bass Pro Shops Outdoor World store slated to open as early as fall 2009. REFERRED TO THE SPECIAL COMMITTEE ON WATERFRONT DEVELOPMENT NO 57 LETTER REGARDING GLF GRAIN ELEVATOR/MILL COMPLEX I would like to file the attached information for the next Common Council meeting to be held on April 15, 2008. Dear Mr. Comerford: Ontario Specialty Contracting, Inc. of 333 Ganson Street, Buffalo New York is a large contracting and development company with business interests in Canada and the United States. Our U.S. Corporate Office and repair facility is constantly updated with the latest in mechanical and technological innovations. Contiguous and just south of our facility is the former GLF Grain Elevator /Mill Complex. This complex and facility has been closed for years and continues in a downward spiral. The deterioration and hazardous conditions have escalated further with debris constantly airborne, broken panels of glass continuously litter our development and equipment. Window flames, moldings, drain pipes; electrical lines as well as cast iron down spouts appear to be unstable 8 to 10 stories high. Scavengers and vagrants continue entering this non secure vacant eyesore. Nearly every day the safety of our building, employees, equipment and visitors, is at risk and a large potential liability. We have to close our service driveway between our buildings even though it is the center of ingress and egress for our business. We ask for your help and guidance for any assistance in resolving the above concerns. REFERRED TO THE COMMITTEE ON FINANCE NO. 58 CONCERNS DISCOVERY SCHOOL Attached is a parent letter distributed to the School 67 community which summarizes the district's response to the addressed concerns. Should you have any further inquiry, please do not hesitate to call me. COPY AVAILAVLE IN THE CITY CLERKS OFFICE FOR REVIEW REFERRED TO THE SPECIAL COMMITTEE ON EDUCATION NO 59 INFO BUFFALO CREEK CASINO SITE Dear Commissioner Rich I write today regarding the Seneca Nation's Buffalo Creek Casino Site. Specifically, I request that you address the following items and file a response with the Common Council: • Updates regarding all site plan alterations or requests for approval that your office has received and reviewed for the site. • All permits and other authorizations or approvals that your department has received to date and their status. • All plans for future development in your office's possession at the site • The gross number of City of Buffalo residents identified as employed at the site. Thank you in advance, and please do not hesitate to contact my office at 851 -5155 with further questions or concerns. Sincerely, Michael J. LoCurto Dear Acting Commissioner Stepniak I write today regarding the Seneca Nation's Buffalo Creek Casino Site. Specifically, I request that you address the following items and file a response with the Common Council: • Any information on improvements made to streets surrounding the Casino site already completed by the Seneca. • All pending requests of approval for licenses, easements, curb cuts, sewer or water resources, or any other property interests requested by the Seneca Nation for the property founded by Michigan Street, Perry Street, Seneca Street, and Marvin Street (and any requests to alter streets within and surrounding this area) • All site improvements, or street improvements, scheduled to be made by the Seneca, as well as their estimated times of commencement and completion. • All approvals requested by the Seneca for any of the above concerns Thank you in advance for your assistance, and do not hesitate to contact my office at 851 -5155 if you have any questions or concerns. Dear Ms. Lukasiewicz: I write today regarding the Seneca Nation's Buffalo Creek Casino Site. Specifically, I request that you address the following items and file a response with the Common Council: Update the Common Council with your opinion as to the status of municipal land use controls on lands acquired by the Seneca within the corporate limits of the City of Buffalo Specifically, address the impact of the Federal Court decisions in the matter of that Cayuga Indian Nation of New York v. Village of Union Springs, 390 F. Supp 203 (2005), and State of New York v. Shinnecock Indian Nation 523 F. Supp. 185 (2008). Thank you in advance for your assistance, and please do not hesitate to contact my office Dear Mr. Reilly: I write today regarding the Seneca Nation's Buffalo Creek Casino Site. Specifically, I request that you address the following items and file a response with the Common Council: • Update the Common Council regarding meetings between the Seneca Nation and Seneca Gaming Corporation as part of the ongoing site development. • Identify all revenues received to date from the Seneca Nation. • Identify the number of jobs created by operations at the site, and the number of such jobs held by city residences. • Have the parties involved identify all executed and proposed agreements for the provision of services between the City of Buffalo, the Seneca Gaming Corporation, or the Seneca Nation • Have the parties involved identify any proposed plans they have reviewed for future site developments. Thank you in advance for your assistance, and please do not hesitate to contact my office at 851 -5155 if you have any further questions or concerns. Sincerely Michael J. LoCurto REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO 60 276 FRANKLIN STREET SITE Environmental Investigation Report on the 275 Franklin Street Site Available for Public Review The results of an environmental investigation conducted at the 275 Franklin Street Site in Buffalo, Erie County are available for public review. These results have been summarized in a draft report, called a Remedial Investigation (RI) Report, submitted by the Buffalo Development Corporation to the New York State Department of Environmental Conservation (NYSDEC) under New York State's Brownfield Cleanup Program (BCP). The draft RI Report is available for public review at the locations (document repositories) identified at the end of this fact sheet. NYSDEC previously accepted an application submitted by Buffalo Development Corporation to participate in the BCP. The applicant proposes to clean up and develop the site for commercial purposes. Highlights of the Remedial Investigation Report The draft RI Report: 1) Describes the investigation activities completed; 2) Defines the nature and extent of contamination at the brownfield site; and 3) Indicates that remediation is required. "Remediation" means all necessary actions to address any known or suspected contamination associated with the site. The R1 report explains that the site investigation involved soil sampling, monitoring well installation, groundwater sampling, and soil vapor analysis- The results revealed chlorinated solvents commonly used by dry cleaners (tetrachloroethylene or PCE) in soils and Background The BCP site consists of two parcels that have been used for various purposes since the late 1800s. 275 -277 Franklin Street contained a structure that was used for dry cleaning from approximately 1951 until 2000. The building on the parcel was demolished in 2005 and paved over to be used as a surface parking lot. 279 Franklin Street was used for residential purposes from the late 1800s through the 1950s and as a parking lot from the early 1980's to the present. The BCP parcels currently do not contain any structures. Next Steps NYSDEC and the New York State Department of Health ( NYSDOH) have determined that eh 275 Franklin Street site poses a significant threat to human health and the environment because of offsite migration of PCE in groundwater and because of the potential for vapor intrusion into nearby offsite buildings. Consequently, investigation of offsite areas to further determine the extent of the contamination is required. Buffalo Development Corporation is currently working on an Alternative Analysis Report (AAR) to evaluate a number of possible clean up actions that address onsite contamination. NUSDEC will keep the public informed throughout the investigation and remediation of the 275 Franklin Street site through fact sheets similar to this one. For more information Document Repository Document repositories have been established at the following location to help the public review important project documents. These documents include the RI REPORT AND THE Application to participate in the BCP. Erie County Public Library NYSDEC Region 9 Office 1 Lafayette Square 270 Michigan Avenue Buffalo New York 14203 Buffalo New York 14203 -2999 Phone : (716)858-8900 Phone(716)851 -7220 Hours M -F 8:30 am 6 pm (Please call for appointment) Sun 1 -5 (closed Sundays in summer) Who to Contact Comments and questions are always welcome and should be directed as follows: Project Related Questions Health Related Questions Citizens Mr. Eugene Melnyk, P.E. Mr. Cameron O'Connor Mr. Mark Baetzhold NYSDEC NYSDOH NYSDEC 270 Michigan Avenue 584 Delaware Avenue 270 Michigan Avenue Buffalo New York 14203 Buffalo New York 14202 Buffalo New York 14203 716 - 851 -7220 716 - 847 -4385 716 - 851 -7220 mtbaetzhO_gw. dec. state. ny. us If you know someone who would like to be added to the project mailing list, please have them contact the NYSDEC project manager above. We encourage you to share this fact sheet with neighbors and tenants, and /or post this fact sheet in a prominent area of your building for others to see. RECEIVED AND FILED NO 61 VARIOUS DEPT RESPONSES TO COUNCIL RE: 2 nd Request to various departments to furnish additional Information regarding the monetary savings to be realized from contracts financed with NYS Efficiency Grant Funds Please file the attached communication which was provided to the Legislative Staff as the Law Department's response to CCP #44 of March 18, 2008, reference as shown above COPY AVAILABLE IN THE CITY CLERKS OFFICE FOR REVIEW REFERRED TO THE COMMITTEE ON FINANCE NO. 62 CATHOLIC HEALTH SYSTEM /MERCY HOSPITAL OF BUFFALO APPLICATION FOR AUTHORIZATION TO ESTABLISH A HELIPAD AT THE EMERGENCY DEPARTMENT OF MERCY HOSPITAL, 666 ABBOTT ROAD, BUFFALO, NEW YORK Ladies and Gentlemen: This firm represents Catholic Health System ( "CHS ") and Mercy Hospital of Buffalo, (collectively "Applicant "), and we submit this Letter of Intent in support of Applicant's request for authorization from the City of Buffalo Common Council ( "Common Council ") pursuant to Chapter 63 of the Charter and Code of the City of Buffalo ( "Code ") to establish a helipad. Applicant proposes important renovations to the Emergency Department of the' Mercy Hospital of Buffalo ( "Hospital ") located at 565 Abbott Road ( "Site "). Specifically, Applicant proposes to build a new state -of- the -art Emergency Department designed to accommodate increased patient volumes, including a new lobby, triage area, thirty -four additional exam rooms, CT and radiology support, a penthouse to house mechanical and electrical equipment, a new access corridor, a covered, monitored ambulance entry, new access ramps and a helipad with dedicated elevator and stair connection to the Emergency Department (collectively, the "Project "). The focus of this Letter of Intent is the helipad for the Project, which the Common Council must authorize pursuant to Chapter 63. Applicant anticipates limited use of the helipad with approximately 8 to 10 helicopter visits per month. A separate application for site plan approval has been submitted to the City of Buffalo Planning Board and a request for a setback variance for the new addition to the Hospital along the Abbott Road side of the Site will be submitted to the City of Buffalo Zoning Board of Appeals shortly. The Common Council is required to be the lead agency for the Project pursuant to the State Environmental Quality Review Act ( "SEQRA'). See Price v. Common Council of the City of Buffalo, 3 Misc. 3d 625 (Sup. Ct. Erie County 2004) Thus, we file 20 copies of this letter of intent with the City Clerk formally requesting Common Council authorization for the helipad. In order to commence the SEQRA process, the Applicant requests that the Common Council formally declare its intent to act as lead agency at its April 15, 2008 meeting. We enclose herewith a check in the amount of $275.00 which covers the helipad permit application fee. The following exhibits are attached hereto and made part hereof: Exhibit A Proposed Site Plans (Survey; Site Demolition Plans; Site Layout Plan; Site Utility Plan; Site Grading; Planting Plans; and, Roof Plan) Exhibit B Elevations Exhibit C Aerial Photograph of Site and Surrounding Area Exhibit D Photographs of Surrounding Area Exhibit E Evidence of Site Ownership Exhibit F SEQR Full EAF with City of Buffalo Addendum Exhibit G Traffic Impact Study REFERRED TO THE COMMITTEE ON LEGISLATION NO. 63 M. RODGERS- AGAINST PETITION TO SUPPORT DELI 266 CAROLINA April 13, 2008 Honored Members of the City of Buffalo Common Council Buffalo City Hall 65 Niagara Square Buffalo, NY 14202 To Our Councilmembers: It has come to the attention of the West Village Renaissance Group's "Code Enforcement and Equity Subcommittee" that you are in receipt of a petition of support for the West Side Market located at 255 Niagara Street. (Common Council Agenda, April 15, 2008, Item # 58, Petitions, D. Jackson Support Dell 255 Carolina). At this time we wish to make a statement regarding this and other petitions circulated throughout the West Village area by agents of the West Side Market. We are confident that this petition is comprised of questionable signatures that either do not represent residents of our area; were signed in duress or in lack of understanding; or were forged and request that the Council perform strong due diligence in ascertaining the credibility of every signature on said petition if it is, indeed, allowed into any evidence regarding the number of conditions and codes the West Side Market has either ignored or left to languish. This would include identical signatures and /or handwriting; addresses out of the 14201 zip code; illegible names /signatures; ages of signors; and complete understanding of the subject matter. This subcommittee of the West Village Renaissance Group is prepared to provide the Common Council with signed and notarized affidavits to prove our statements regarding the irresponsibility and lack of code and conditions committed by the West Side Market under their past as well as most current temporary license. We ask that this petition presented here today be subject to the same scrutiny and those who have signed said petition provide the same legal affidavits for each signature to assure the credibility of that petition. Marilyn Rodgers Via e-mail REFERRED TO THE COMMITTEE ON LEGISLATION NO. 64 S. RADFORD- REPORTS OF POLICE COMPLAINTS Dear Buffalo Common Council: As a follow up to the March 6, 2007 Police Dept. Hearings, the Buffalo Local Action Committee for the Millions More Movement would like to appear before you for the purpose of raising and discussing the following issues: 1. The statistical reports of police complaints, investigations and resolutions required by the Memorandum of Agreement with the US Dept. of Justice. Currently these reports are not made public. According to the DOJ the Buffalo Common Council authorizes payments for this report and has the power to require that the report be made public. In other Cities with a MOA or Consent Decrees like Detroit, Cincinnati, Prince George County etc. these reports are public and can be accessed online. 2. A plan on how to maintain the progress made under the MOA before it ends in July 2008. 3. Contradictions between submitted reports to the USDOJ and the Police Commissioners Testimony regarding police training and compliance with the MOA. 4. A discussion of an Independent Citizen group or Citizens review board being part of the process for dealing with reports and investigations of the Police. Either by Legislation or ballot referendum. 5. The Police Dept. Collective Bargaining Agreement and potential adverse effects on the Community. We can be reached at (716) 578 -3571. Sincerely, — REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF POLICE NO. 65 RE: REPLACEMENT OF ATHLETIC FIELD TURF, CANISIUS COLLEGE Dear Councilmember Smith: Pursuant to our conversation earlier today, attached please find a copy of the City Code that concerns Canisius College's request for a permit to replace the athletic field tuff located on the Koessler Athletic Center site at Main and East Delevan. It {s our feeling that this project work does not have any "adverse effects on adjoining use— and services provided by the city," and therefore should not be subject to a Site Plan Review by the City Planning Department. I am also attached a copy of an e-mail that I received from our Manager of Construction Projects that explains the issues. I am requesting your assistance in receiving a waiver of this requirement. In addition, I am requesting a letter of support for the work if we in fact need to submit a Site Review Request to the Planning Board. Yoar assistance in this matter is appreciated. Please contact me at 888 -37 -5 or 913 -2760 with any questions. Sincerely, REFERRED TO THE COMMITTEE ON LEGISLATION. MO. 66 BERN METAL /UNIVERSAL METAL SITE REGISTRY NUMBER 915135 BUFFALO (C), ERIE COUNTY This letter is being written to address the required repairs at the above -noted site which were noted to you in my correspondence dated November 5, 2007. In a telephone conversation last fall, we discussed postponement of the requested work schedule to late January as some of the work to be undertaken is weather dependent. As of this date, the Department has not received any written reply detailing when these repairs will be done or if they are being scheduled. Please respond, in writing, by April 14, 2008, the City's intent to complete required work at the site. Again, failure to repair and maintain the structural integrity of the landfill in compliance with the Site Operation, Maintenance and Monitoring Plan ( Blasland, Bouck & Lee, Inc; March 2003 -Rev. ApHI /May 2003) may be considered a violation of the Order on Consent. REFERRED THE COMMITTEE ON FINANCE PETITIONS NO. 67 C. BARRETT, AGENT, USE 1000 ELMWOOD EXPANSION OF RESTAURANT (NORTH)(PUBLIE HRG 4/22/2008) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 68 D. FLEMING, AGENT, USE 137 MULBERRY FOR A HUMAN SERVICE FACILITY (ELL)(NO PUB HRG) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 69 G. SMITH, OWNER, USE 19 CLYDE ST, USED CAR SALES (UNIV)(NO PUB HRG) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 70 V. FEDERIEONI, AGENT USE 743 HERTEL, AKA 699 HERTEL FOR A HSF (NORTH)(NO PUB HRG) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 71 J. PALMER, AGENT,USE 410 MASSACHUSETTS, FOR A HSF (NIA)(NO PUB HRG ) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 72 D. JACKSON - SUPPORT DELI, 255 CAROLINA (ELL) Petition available for review in The City Clerk's Office REFERRED TO THE COMMITTEE ON LEGISLATION. REGULAR COMMITTEES CLAIMS (DAVID A. RIVERA, CHAIRMAN) NO. 73 That, upon the recommendation of the Corporation Counsel, the following actions for personal injury arising out of alleged negligence on the part of the City of Buffalo, be compromised and settled: A. 1. Kenneth D. LaDue $18,000.00 A. 2. Willis Griffin $ 8,500.00 A. 3. Raymond Burke $ 2,500.00 A. 4. Sarah Cahill $ 2,500.00 A. 5. Joanne Cummings $ 5,000.00 A. 6. Ethel Dennis $10,000.00 A. 7. Stacey Moss -Huber $ 3,500.00 A. 8. Carol Kimmerle $40,000.00 A. 9. Marsha Huard $ 2,000.00 A. 10. Mary C. Waterman $ 5,000.00 B 21. Janet Strachan $ 56.09 That checks be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current Fiscal Year, payable to the respective claimants or plaintiffs and their attorneys, if any, herein above named, upon execution and delivery to the Corporation Counsel of proper releases and closing papers. PASSED Councilmember Kearns excused from the vote B -24 only B 25. Alison Wilson AYES -9 NOES -0 $1,394.30 B 27. Charlene Yockey BO. 74 PROPERTY DAMAGE That, upon the recommendation of the Corporation Counsel, the following actions for property damages arising out of alleged negligence on the part of the City of Buffalo, be compromised and settled: B 1. Marcene Ashwood $1,000.00 B 2. Kevin Barberg $1,421.17 B 3. Daniel Bohen $1,347.00 B 4. Carlos Costner $ 419.81 B 5. Barbara Dixon $5,000.00 B 6. Justine Dixon $ 200.94 B 7. Lawrence Fronczak $ 213.57 B 8. Gateway Wholesale Inc. $ 150.00 B 9. Stephen Golonka $1,592.00 B 10. H &G Used Cars Inc. $ 202.51 B 11. Lonny Laska $ 898.06 B 12. Liberty Mutual a /s /o John Adler $3,567.18 B 13. Antonietta Lobuzetta $ 16.37 B 14. Timothy Maloney $3,750.00 B 15. Evonne Martin $ 454.27 B 16. Lynne McNamara $ 170.63 B 17. Michael Muscarella $ 956.54 B 18. Kimberly Ralph $2,226.13 B 19. Leroy Riley $ 270.00 B 20. Security Mutual a /s /o Raymond Nichols $4,614.05 B 21. Janet Strachan $ 56.09 B 22. Jesse Tharp $1,465.30 B 23. Travelers Ins. a /s /o William Siperek $3,974.24 B 24. Jennifer Westerholt $ 46.79 Councilmember Kearns excused from the vote B -24 only B 25. Alison Wilson $1,370.39 B 26. Luethel Wilson $1,394.30 B 27. Charlene Yockey $ 50.00 That checks be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current Fiscal Year, payable to the respective claimants or plaintiffs and their attorneys, if any, herein above named, in the amounts set opposite their names and delivered to them upon execution and delivery to the Corporation Counsel of proper releases where such releases are indicated. PASSED AYES - 9 NOES - 0 Except B 24 NO. 75 MISCELLANEOUS REIMBURSEMENT That, upon the recommendation of the Corporation Counsel and the appropriate City Departments, the following claims be paid C. 1. Howard Beavers $3,179.00 C. 2. Marilyn Calhoun -Allen $2.50 C. 3. Yvonne Chimera $20.00 C. 4. Diane Curthoys $ 18.00 C. 5. Michael Donnelly $ 435.00 C. 6. General Auto Sales & Service $2,960.00 C. 7. Sharon Lindsay $20.00 C. 8. Jean Pytlik $ 49.27 C. 9. Srdjan Sikirica $425.00 C. 10. Deborah Skulski $25.00 C. 11. Stephen Stevenson $ 15.00 C. 12. Alonzo Williams $ 59.49 That checks be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current Fiscal Year, payable to the respective claimants or plaintiffs and their attorneys, if any, herein above named, in the amounts set opposite their names and delivered to them upon execution and delivery to the Corporation Counsel of proper releases where such releases are indicated. PASSED AYES -9 NOES -0 NO. 76 MISCELLANEOUS INVOICES That, upon the recommendation of the Corporation Counsel and the appropriate City Departments, the following claims be paid: D. 1. Buffalo Police Athletic League $60,934.83 D. 2. Buffalo Printers Supply, Inc. $ 205.67 D. 3. DC Outdoor Services $ 6,007.95 D. 4. Healthworks -WNY, LLP $ 1,330.00 D. 5. North Eastern Uniforms & Equipment $445.95 D. 6. Parkside Press $64.00 D. 7. Secord & Secord $ 956.25 D. 8. Southern Electric Supply $ 314.50 D. 9. Tape Services Inc. $ 8,639.75 D. 10. Upper NYS Environmental Education $51,789.00 D. 11. Utility Accounts $18,972.00 That checks be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current Fiscal Year, payable to the respective claimants or plaintiffs and their attorneys, if any, herein above named, in the amounts set opposite their names and delivered to them upon execution and delivery to the Corporation Counsel of proper releases where such releases are indicated. PASSED AYES -9 NOES -0 NO. 77 REPORT TO THE CLAIMS COMMITTEE That upon the recommendation of the Corporation Counsel, the following action for personal property, be compromised and settled: E. 1. Philip Ramunno $ 184.74 That a check be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current Fiscal Year, payable to the respective claimant above named, in the amounts set opposite his name and delivered to him upon execution and delivery to the Corporation Counsel of proper releases where such releases are indicated. PASSED AYES -9 NOES -0 CIVIL SERVICE (BONNIE E. RUSSELL, CHAIRPERSON) NO. 78 APPT HEAVY EQUIPMENT OPERATOR (TEMP)((INTER)(FELDMANN)(PW) (# 18, 4/1/08) That ccp #18, 4/1/08 be Received and Filed and that the Temporary Appointment of Charles Feldmann, 189 S. Legion, Buffalo, NY 14220 at the intermediate salary of $31,361.00 is hereby approved PASSED AYES -9 NOES -0 NO. 79 APPT EQUIPMENT OPERATOR (TEMP)((MAX)(PINELLI)(PW) (# 19, 4/1/08) That ccp #19, 4/1/08 be Received and Filed and that the Temporary Appointment of Michael Pinelli, 2037 Parker Blvd, Tonawanda, NY 14150 at the Maximum Salary of $31,838.00 is hereby approved PASSED AYES - NOES - 0 NO. 80 APPT POLICE CAPTAIN (PERM)(PROM)(RICHARDS)(POL) (# 22,4/l/08) That ccp #22, 4/1/08 be Received and Filed and that the Permanent Promotion of Dennis J. Richards, 210 Woodbridge, Buffalo, NY 14214 at the Starting salary of $77,781.00 is hereby approved PASSED AYES - a NOES -0 NO. 81 NOTICES OF APPOINTMENTS - TEMP /PROV /PERM(CTY CLK) (COM 46,04/01) That the above item be the same and hereby is Received and Filed ADOPTED NO. 82 AMENDING TEXT /APPENDICES- RULES - CLASSIFIED CIV. SERVICE -HRG 9/20 (COM 68, 09/05) That the above item be the same and hereby is Received and Filed ADOPTED FINANCE (MICHAEL P. KEARNS, CHAIRMAN) NO. 83 HOME MIXED USE PROJECT - 1542 MAIN STREET PILOT (ITEM NO. 5, C.C.P., APR. 1, 2008) That the Mayor be, and he hereby is authorized to enter into the PILOT agreement between the City of Buffalo, the County of Erie and Housing Opportunities Made Equal (HOME). HOME Mixed Use Project is planning to purchase and rehabilitate 1542 Main Street. PASSED AYES -9 NOES -0 NO. 84 LEASE - 777 SENECA STREET (ITEM NO. 6, C.C.P., APR. 1, 2008) That the Executive Director of Strategic Planning be, and he hereby is authorized to enter into a long -term lease between the City of Buffalo and Cammille L. Kantowski of Hunt Real Estate representing City View Properties, 726 Exchange Street, for use of city -owned property located at 777 Seneca Street, under the terms and conditions as listed in the above communication. That the Corporation Counsel be, and she hereby is authorized to prepare the necessary documents to renew said lease and that the Mayor be authorized to execute the same. PASSED AYES -9 NOES -0 NO. 85 REPORT OF AUCTION - 105 LANDON — SEPTEMBER 22, 2007 (ITEM NO. 9, C.C.P., APR. 1, 2008) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Kearns moved: That the offer from LaRoy Hough, in the sum of three hundred dollars ($300.00) for the purchase of 105 Landon, be and hereby is accepted upon the terms and conditions listed in the above communication; and That the Executive Director, Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. PASSED AYES -9 NOES -0 NO. 86 REDUCTION IN RETENTION - ENERGY PERFORMANCE TRAFFIC SIGNALS (ITEM NO. 15, C.C.P., APR. 1, 2008) That the Acting Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to reduce the retention from 5% to 2% for Wendel Energy Performance Contract No. 92010987 for Traffic Signals. PASSED AYES -9 NOES -0 NO. 87 REPORT OF BIDS - ATHLETIC FIELD SPRINKLERS (ITEM NO. 16, C.C.P., APR. 1, 2008) That the Acting Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to award a contract for Athletic Field Sprinklers, to Titan Development, Inc. the lowest responsible bidder, in the amount of $786,155.00. Funds for the project are available in a future Capital Bond Fund Account. PASSED AYES - 9 NOES — 0 NO 88 MUNICIPAL CODE VIOLATIONS REPORT (COM 23,411) That the above item be the same and hereby is Received and Filed ADOPTED NO 89 RESULTS REAL ESTATE AUCTION 9/22/07 260 LAUREL, 248 NORTHAMPTON & 533 RILEY ONLY (STRAT PLAN)(#6,11/27)(#R97,12/11) (CORN 61,2/6) That the above item be the same and hereby is Received and Filed ADOPTED NO 90 P. HOTUNG- PROPOSAL TO ACQUIRE COB'S REMAINING INTEREST IN THE MAIN P1PKG RAMP (COM 20,11/8) That the above item be the same and hereby is Received and Filed ADOPTED NO 91 THE FRIENDS TO THE ELDERLY LEASE AMENDMENT (ITEM NO. 143, C.C.P. DEC 11, 2007) (ITEM NO. 66, C.C.P. DEC 26,2007) That the above item be, and the same hereby is, returned to the Common Council without recommendation Mr. Kearns moved: That the above item be recommitted to the Committee on Finance ADOPTED COMMUNITY DEVELOPMENT (MICHAEL J. LOCURTO) NO 92 J. BOOTH - BICYCLE PEDESTRIAN ADVISORY BD COMPLETE STREETS POLICY (PW) (COM 13 04101) That the above item be the same and hereby is Referred to the Committee on Legislation ADOPTED NO. 93 SPEEDING ISSUES AND IRRESPONSIBLE DRIVERS- MARINE DR & ERIE ST (POL) (COM 2104101) That the above item be the same and hereby is Referred to the Special Committee on Waterfront ADOPTED NO 94 OLMSTEAD PARK VOLUNTEERS NEDED FOR TREE PLANTING (NO. 56 4/1) That the above item be the same and hereby is Received and Filed ADOPTED NO. 95 C. PALADINO -ECC PARKING LOT 175 S. DIVISION (NO. 67 411) That the above item be the same and hereby is Received and Filed ADOPTED NO. 96 B.DAVIS-C.BROWN-COM M UNITY SUPPORT FOR COB TO SELL 390 HUDSON ST. TO HOWARTH COLON OF 388 HUDSON ST (NO. 412/6) That the above item be the same and hereby is Received and Filed ADOPTED NO 97 NYS AFFORDABLE HOUSING CORP 2007 -2008 BFLO BLOCK -BY BLOCK PROGRAM (1 RES ONLY) (RES 125 3/4) That the above item be the same and hereby is Received and Filed ADOPTED LEGISLATION (JOSEPH GOLOMBEK JR., CHAIRMAN) NO 98 K. ZHANG, PETITION TO USE 752 ELMWOOD AVENUE - RE- ESTABLISH USE OF OUTDOOR CAFE (ITEM NO. 60, C.C.P., APR. I, 2008) That after the public hearing before the Committee on Legislation on April 8, 2008, the petition of K. Zhang, owner, for permission to re- establish use of an outdoor cafe 11'6" x 79", at 752 Elmwood Avenue be, and hereby is approved with the following conditions: 1. That no music is provided on the outdoor cafe 2. That no outside trash bins is present on the outdoor cafe PASSED AYES -9 NOES -0 NO 99 APPOINTMENT - EXAMINING BOARD OF ELECTRICIANS (ITEM NO. 2, C.C.P., APR. 1, 2008) That the appointment of Salvatore Sciandra, residing at 49 Glendale Drive, Tonawanda, as a member of the Examining Board of Electricians for a three year term commencing immediately and expiring February 28, 2011 be, and hereby is approved on the condition that he does not owe any outstanding liens to the City of Buffalo. PASSED AYES -9 NOES -0 NO 100 FOOD STORE LICENSE - 825 BROADWAY (ITEM NO. 26, C.C.P., APR. 1, 2008) 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 Food Store License to Muafaq Majid located at 825 Broadway d /b /a Lucky Town. PASSED AYES - 9 NOES — 0 NO 101 FOOD STORE LICENSE -117 -119 COLVIN (ITEM NO. 27, C.C.P., APR. 1, 2008) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Golombek moved: That the above item be recommitted to the Committee on Legislation ADOPTED NO 102 FOOD STORE LICENSE - 529 DODGE (ITEM NO. 28, C.C.P., APR. 1, 2008) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Golombek moved: That the above item be recommitted to the Committee on Legislation ADOPTED NO 103 FOOD STORE LICENSE- 115 ENGLEWOOD (ITEM NO. 29, C.C.P., APR. 1, 2008) 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 Food Store License to Abdulshaf Hassain located at 115 Englewood d /b /a New Englewood Groceries. PASSED AYES -9 NOES -0 NO. 104 Food Store License - 398 Grant (ITEM NO. 30, C.C.P., APR. 1, 2008) 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 Food Store License to (dhow Mukhtar located at 398 Grant d /b /a Nasri Halal Market. PASSED AYES -9 NOES -0 NO. 105 FOOD STORE LICENSE -1074 KENSINGTON (ITEM NO. 32, C.C.P., APR. 1, 2008) That the Commissioner of Economic Development, Permit & Inspections Services be, and he hereby is instructed to deny a Food Store License to Mohamed Abdo, located at 1074 Kensington Avenue (Lucky Fashion). DENY r_ 1 Td .Rl►[61*=01 NO 106 HOME RULE MESSAGE - VEHICLE AND TRAFFIC LAW AMENDMENTS (ITEM NO. 46, C.C.P., APR. 1, 2008) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Golombek moved: That the above - mentioned item be and the same is hereby received and filed. ADOPTED NO 107 BASIL GROUP - REQ. REMOVAL OF EASEMENT - 1180 ABBOT ROAD (ITEM NO. 63, C.C.P., APR. 1, 2008) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Golombek moved that the above item be recommitted to the Committee on Legislation ADOPTED NO. 108 M. RODGERS- CONCEMS NEIGHBORHOOD DELIS CCP #68,04101 That the above item be the same and hereby is Received and Filed. ADOPTED NO 109 LOCAL LAW INTRO. NO. 1 (2008) - ARTICLE 20 — BUDGETING (ITEM NO. 112, C.C.P., APR. 1, 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 April 8, 2008, the Local Law Intro. No. 1 as contained in Item No. 112, C.C.P., April 1, 2008, be and the same hereby is approved. PASSED AYES -9 NOES -0 NO 110 ORDINANCE AMENDMENT - CHAPTER 194 - FOOD STORES (ITEM NO. 121, C.C.P., APR. 1, 2008) That after the hearing before the Committee on Legislation on April 8, 2008, the Ordinance Amendment as contained in Item No. 121, C.C.P., April 1, 2008, be and the same hereby is approved. PASSED AYES - 9 NOES — 0 NO 111 ORDINANCE AMEND - CHAPTER 194, FOOD STORES CCP #89,04/01, #89,03/18 That the above item be the same and hereby is Received and Filed. ADOPTED NO 112 SCRAP PROCESSOR- 127 FILLMORE (ITEM NO. 22, C.C.P., MAR. 18, 2008) 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 Economic Development, Permit & Inspections Services be, and he hereby is authorized to grant a Scrap Processor Dealer License to George Ostendorf d /b /a Metalico Buffalo Inc. located at 127 Fillmore Avenue with the following conditions: 1. That the applicant will make every effort to minimize dust on the site and to keep dust from the neighboring homes. 2. That the applicant will plant trees on the property to act as a dust filter and a buffer to neighboring homes. PASSED AYES -9 NOES -0 NO 113 WHOLESALE JUNK DEALER- 127 FILLMORE (ITEM NO. 24, C.C.P., MAR. 18, 2008) 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 Economic Development, Permit & "Inspections Services be, and he hereby is authorized to grant a Wholesale Junk Dealer License to George Ostendorf d /b /a Metalico Buffalo Inc. located at 127 Fillmore Avenue on the condition that the applicant will keep junk out of view from the street and from the neighboring homes. PASSED AYES -9 NOES -0 NO 114 BICYCLE PEDESTRIAN ADVISORY BOARD - COMPLETE STREETS POLICY (ITEM NO. 41, C.C.P., FEB. 19, 2008) (ITEM NO. 110, C.C.P., MAR. 4, 2008) That the Common Council adopts the Buffalo Complete Streets Policy as contained in the above communication and directs the Law Department to draft an appropriate Ordinance Amendment for the Common Council's consideration at its next meeting. PASSED AYES -9 NOES -0 NO 115 D. THOMAS - SUPPORT - HANGING BANNERS FOR BE A SPORT PROGRAM IN LOCAL PARKS (BIDED) CCP #34,02119 That the above item be the same and hereby is Received and Filed. ADOPTED NO 116 AMEND CHAPTER 511 - BUFFALO COASTAL SPECIAL REVIEW DISTRICT (MAYOR) (ITEM NO. 2, C.C.P., FEB. 5, 2008) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Golombek moved: That the above item be recommitted to the Committee on Legislation ADOPTED NO 117 ORDINANCE AMENDMENT -CHAPTER 511 -ZONING (Item No. 97, C.C.P., Feb. 5, 2008) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Golombek moved: That the above item be recommitted to the Committee on Legislation ADOPTED NO 118 ORDINANCE AMENDMENT - DELICATESSEN LICENSING (ITEM NO. 134, C.C.P., MAR. 4, 2008) That the Corporation Counsel draft an ordinance amendment allowing for Common Council approval of renewal of license applications for delicatessens; and That this Common Council requests the creation of a mechanism where citizen complaints, police reports and inspection citations disallow the automatic renewal of a delicatessen license. That this Common Council requests the reactivation of the Deli Task departments involved with the re- licensing of delicatessen stores. ADOPTED NO 119 FOOD STORE LICENSE - 389 GRIDER (ITEM NO. 44, C.C.P., MAR. 4, 2008) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Golombek moved that the above item be recommitted to the Committee on Legislation ADOPTED NO. 120 FOOD STORE LICENSE - 2005 GENESEE (ITEM NO. 31, C.C.P., JAN. 22, 2008) (ITEM NO. 117, C.C.P., MAR. 4, 2008) That pursuant to Chapter 194 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services Permit be, and he hereby is authorized to grant a Food Store License to Ali Musa located at 2005 Genesee (Better Buy Market) with the conditions that they may not sell: 1. Zip -lock bags Y2' x 1x2" 2. Zip -lock bags 1" x 1" — 2" x 2" 3. 3" — 5" hollow rod glass rods (pipes) 4. Cigarette rolling paper 5. Single Cigars(Philly Blunts) PASSED AYES -9 NOES -0 NO 121 FOOD STORE LICENSE - 117 -119 COLVIN (DEL)(EDPI) CCP #67,11/13, #53,9/4, #88,9/18, #89,10/2, #92,10/16, #82,10/30 That the above item be the same and hereby is Received and Filed. ADOPTED RESOLUTIONS NO 122 BY: MR. DAVIS MORATORIUM ON SURFACE PARKING LOTS Whereas: On October 14, 2003 this Common Council reviewed the Resolution Item number 134 concerning the adverse impact the excessive number of surface parking lots pose on the downtown living experience the City of buffalo is seeking to promote; and Whereas: In said Resolution the adverse impact of non - structured parking were identified and subject to open public review; and Whereas: At said time, the Common Council unanimously resolved it necessary to preserve the historical heritage and protect the urban living experience of the downtown communities by imposing an immediate moratorium on the approval of new surface parking areas for Downtown; and Whereas: Since the enactment of said earlier Moratorium on Surface Parking lots, additional requests for surface parking along the Michigan corridor within the Downtown Corridor of Michigan Avenue, and the Home Opportunity Zone (HOZO) have been presented to City agencies for review and approval; and Whereas: The Michigan Avenue corridor between South Park and Virginia Place is critically important to recovery of the downtown urban living experience and to assure that land usage is maximized for the future development of the City; and Whereas: The HOZO of the City of Buffalo has been a national award winning effort to create a stable mixed income residential community within the downtown hub; and Whereas: In reliance of the HOZO plan, and the City's adherence to land use restrictions designed to protect the quality of life in the downtown communities several hundred families made a decision to invest and raise their families in the HOZO; and Whereas: More recently this honorable body has adopted and approved the Queen City Hub Plan which recognized the importance of the downtown corridor of Michigan Avenue for the long term growth of the City, and which advocates for the development of low to mid -rise structures on lower Michigan Avenue to fully take advantage of significant amount of vacant and underutilized land; and Whereas: The City of Buffalo's Office of Strategic Planning's Executive Director who is charged with coordinating all planning efforts for the City of Buffalo to determine what the best use is for the Michigan Avenue corridor has submitted we should focus on connections between the cultural resources along the Michigan Avenue heritage corridor and the proximity to the Buffalo waterfront and the hundreds of new homes in the HOZO; and Whereas: The Executive Director of the Office of Strategic Planning further determined that expanding surface parking lots without adequate consideration for the urban design implications will further detract from the ability to realize the vision of the Queen City Hub Plan; and based upon the foregoing. Now, Therefore, Be It Resolved: That the City of Buffalo Common Council reaffirms and declares once again that we are hereby enacting an immediate moratorium on surface parking lots within the Downtown Hub of the City of Buffalo; and Be It Further Resolved: that for the purposes of this Moratorium the Downtown Hub is expressly declared to include the east and west sides of Michigan Street from its over pass of the 1 -190 Park to Virginia; the North and South side of Virginia Street from Michigan Avenue to the 1 -190, thence along Be It Further Resolved: that the Commissioner of Economic Development, Permit and Inspection Services is hereby directed to cease the granting of any more permits for the construction of surface parking lots within the Downtown Hub as above defined; and Be It Further Resolved: that the Director of Licenses is further directed not to issue any further licenses for the operation of surface parking lots in the Downtown Hub as above defined; and Be It Further Resolved: that the Permit's Office is directed to refer all requests for future surface parking in the City of Buffalo for review by the Office of Strategic Planning; and thence this honorable body; and Be It Finally Resolved: Unless and until any surface parking plans are reviewed and approved for relief from this moratorium no further surface parking lots shall be constructed in the City of Buffalo's Downtown Hub. PASSED AYES -9 NOES -0 NO. 123 BY: MR. DAVIS, MR. FRANCZYK, MR. SMITH, MR. FONTANA SUPPORT THE CITY OF BUFFALO RECEIVING 100% OF THE HOST COMMUNITY SHARE OF BUFFALO CREEK CASINO REVENUE FROM THE STATE OF NEW YORK Whereas: The City of Buffalo entered into an agreement with the Seneca Nation of Indians, Seneca Gaming Corporation and Seneca Erie Gaming Corporation ( "the Senecas ") pursuant to which the City abandoned and sold a portion of Fulton Street to the Senecas to facilitate the construction of the Buffalo Creek Casino; and Whereas: Pursuant to the agreement, the City agreed to provide sewer, water and emergency services to the Buffalo Creek Casino site; and Whereas: The agreement acknowledge the intention of the Seneca Nation that the City be designated as the sole host municipality; and Whereas: The County of Erie was neither a party nor a signatory to the agreement; and Whereas: Not only was the County of Erie not a signatory or party to the agreement, it deliberately and aggressively attempted to prevent the construction of the Buffalo Creek Casino; and Whereas: Without the six (6) months of negotiations between the City and the Seneca Nation, there would not be a $335 million proposed casino in Buffalo; and Whereas: The County of Erie repeatedly demonstrated its opposition to the construction and operation of a casino on the Buffalo Creek Casino site by participating in three separate lawsuits attempting to block construction and operation of a casino on the Buffalo Creek Site including: • In Scott v. The City of Buffalo the County filed a motion to intervene challenging various city actions relative to the casino; and In Andrew Eszak, Commissioner of the Erie County Department of Environment and Planning, Joel Giambra, Erie County Executive and County of Erie against The City of Buffalo, Mayor Byron W Brown, and the Buffalo Common Council, the county in opposition of the development of the casino by the Senecas on the Buffalo Creek site sought a determination that the agreement between the City of Buffalo and the Seneca Nation was invalid; and In Citizens against Casino Gambling in Erie County, County of Erie, and Joel_Giambra v. US Department of Interior, the plaintiffs (including Erie County and the County Executive) alleged that the US Department of Interior violated the laws of the United States when, by their actions and decisions, permitted the Seneca Nation of Indians to construct a gambling casino on land it purchased in the City of Buffalo; and Whereas: This litigation, of which the County of Erie was an active plaintiff against the construction of a casino in the City of Buffalo, resulted in a significant cost to the City of Buffalo in litigation and negotiation costs of approximately $400,000; and Whereas: The County of Erie is not entitled to now seek financial benefits from a project it adamantly opposed and tried to prevent. Now, Therefore, Be It Resolved: That the City of Buffalo supports the City of Buffalo receiving 100% of the Host Community Share of the Buffalo Creek Casino from the State of New York; and Be It Further Resolved: That certified copies of this resolution be forwarded to Governor David Paterson, Speaker Sheldon Silver, Senate Minority Leader Joseph Bruno, the WNY State Delegation, Mayor Byron W. Brown, County Executive Chris Collins, and the Erie County Legislature ADOPTED NO. 124 BY: MR. FONTANA GREAT LAKES INTERNATIONAL IRON FEST; WAIVER OF CURFEW AND PERMISSION TO ERECT TENTS IN HOUGHTON PARK WHEREAS, The Niagara Chapter of the New York State Designer Blacksmiths have expressed an interest in holding their annual Great Lakes Iron Fest event from Thursday, May 22 through Sunday, May 25 in Houghton Park; and WHEREAS, This event will bring approximately twenty -five (25) people to Houghton Park to participate in the Great Lakes International Iron Fest; and WHEREAS, The Common Council recognizes that the organizers of this event 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 Houghton Park, adjacent to the former Worthington Pump property; and WHEREAS, The Common Council recognizes that the event will require the prior approval of the Special Events Advisory Committee and it 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; and WHEREAS, The event calls for approximately twenty -five (25) campers to camp out in Houghton Park, outside of its normal hours of operation, more specifically after 10:00 p.m. on Thursday, May 22, Friday, May 23, and Saturday, May 24, and before 9:00 a.m. on Friday, May 23, Saturday, May 24 and Sunday May 25; and WHEREAS, City Charter and Code §309 -25 specifically prohibits special events from taking place in City parks after 10:00 p.m. without permission from the Commissioner of Parks; and WHEREAS, City Charter and Code §309 -36 specifically prohibits the erection of a tent or temporary structure in a City park or open space without permission of the Common Council; and WHEREAS, City Charter and Code §414 -10(a) specifically prohibits special events from taking place in City parks after 10:00 p.m.; and 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; and WHEREAS, The Common Council recognizes the importance of these types of events and the importance of letting residents and visitors participate in approved events outside of the normal hours of operation of its parks when the circumstances so justify; and NOW, THEREFORE BE IT RESOLVED, That the Common Council hereby ordains and directs that the Commissioner of Public Works, Commissioner of Parks, the Commissioner of Parks, Recreation and Forestry, the Chair of Special Events Committee and any other official(s) having jurisdiction over the operation and management of Houghton Park exempt the organizers, supervisors and registered participants in the 2008 Great Lakes International Iron Fest from the above referenced provisions and any other pertinent prohibitions against the use of Houghton Park beyond 10:00 p.m. on the nights of Thursday, May 22, Friday, May 23, and Saturday, May 24, and before 9:00 a.m. on the mornings of Friday, May 23, Saturday, May 24 and Sunday May 25 by those individuals identified herein. PASSED AYES -9 NOES -0 NO. 125 BY: MR. GOLOMBEK UTILIZING CRIMEREPORTS.COM AS A TOOL FOR CRIME PREVENTION Whereas: With current plans for installing security cameras throughout the city in progress and more officers soon to he added to the Buffalo Police force, the Council is confident the city is headed in the right direction to deter neighborhood crime and continue to improve public safety throughout our city; and Whereas: Additionally, we would like to show our support for another measure to prevent crime and empower neighborhoods against the spread of criminal activity; and Whereas: CrimeReports.com is a service which provides law enforcement agencies a Web -based database for managing and controlling the sharing of crime data with the public, in near real -time; and Whereas: Community members can then access their neighborhood crime information for free, enabling them to make informed decisions to help improve the safety of their families, friends, property and the community at large; and Now Therefore Be It Resolved That the Council supports exploring the use of Crimereports.com as a crime prevention mechanism of the 21 sc century, believes it ultimately will make our neighborhoods safer, and is interested in implementing the system here; and Be It Further Resolved That this item be sent to the Buffalo Police Department for their thoughts, comments, and suggestions. Be It Finally Resolved That this item be sent to the appropriate committee for discussion. REFERRED TO THE COMMITTEE ON LEGISLATION NO 126 SPONSOR: MICHAEL P. KEARNS DECLARING THE INTENT OF THE CITY OF BUFFALO COMMON COUNCIL TO ACT AS LEAD AGENCY PURSUANT TO THE STATE ENVIRONMENTAL QUALITY REVIEW ACT REGARDING MERCY HOSPITAL EMERGENCY DEPARTMENT IMPROVEMENT Whereas: The Catholic Health System and Mercy Hospital of Buffalo (collectively, the "Applicant ") proposes to construct a new two - story 53,000 square foot addition along the front of Mercy Hospital parallel to Abbott Road to house a new Emergency Department at its site located at 565 Abbott Road, Buffalo, Erie County, NY; and Whereas: An integral part of the renovation is the addition of a helipad to be located on the roof of the new addition which will be serviced by a dedicated elevator and stairway that will connect to the emergency department and be accessible to the Hospital via a private corridor, allowing for more immediate handling in the treatment of critically injured or ill patients and improving timing of response for patient's suffering from myocardial infarction; and Whereas: The City of Buffalo Common Council ( "Council ") is empowered by Chapter 63 of the Code of the City of Buffalo to authorize the establishment of a privately owned airport, which includes a helipad; and Whereas: The Applicant has made application to the Common Council to authorize same; and Whereas: Pursuant to Article 8 of the New York Environmental Conservation Law, Chapter 43 -B of the Consolidated Laws of New York, as amended (the "SEAR Act ") and the regulations adopted pursuant thereto by the Department of Environmental Conservation of the State of New York, being 6 NYCRR Part 617, et. seq., as amended (the "Regulations" and collectively with the SEQR Act, "SEQRA "), the Council must satisfy the requirements contained in SEQRA for this Project; and Whereas: The Project is a Type I action under SEQRA requiring a coordinated review; and Whereas: The Council proposes to conduct a coordinated review for this Type 1 Action and believes, as the entity with primary responsibility for the Project, that it is in the best position to investigate all impacts associated with the Project, and has the authority to impose any and all appropriate mitigation measures. NOW, THEREFORE, BE IT RESOLVED: That the City of Buffalo Common Council declares its intent to act as lead agency pursuant to SEQRA for the Project and will conduct a coordinated review with agencies being potentially involved by distributing a request for lead agency status and Part I of a Full Environmental Assessment Form to those potentially involved agencies. NOW, THEREFORE, BE IT FURTHER RESOLVED That the President of the Council and Council Staff are hereby authorized and directed to distribute appropriate notice of this Resolution to all potential interested and /or involved agencies and to do such further things or perform such acts as may be necessary or convenient to implement the provisions of this Resolution. NOW, THEREFORE, BE IT FURTHER RESOLVED That this Resolution, which was adopted by a majority vote of the Council on April 15, 2008 shall take effect immediately. ADOPTED No. 127 BY: MR. KEARNS CO- SPONSORS: MR. FONTANA & MR. LOCURTO DIRECTING ALL CITY DEPARTMENTS, ALONG WITH THE BUFFALO URBAN RENEWAL AGENCY ('BURR ") ON BEHALF OF THE AGENCY AND ITS SUB - CONTRACTORS, TO SUBMIT A SUMARY OF THEIR TRAVEL AND TRANSPORTATION APPROPRIATIONS FOR THE PERIOD JULY 1, 2006 TO DATE. WHEREAS: In recent years the City of Buffalo has made great strides to reduce its travel expenses; and WHEREAS: It is inevitable that there will be times when it is reasonable, prudent or necessary for a City Department or Agency to travel in order to fulfill its duties, responsibilities and obligations under the City Charter and other governing statutes; and WHEREAS: For reasons outside of the City of Buffalo's control, the cost of fuel has risen dramatically in recent years and is now at record highs; and WHEREAS: These higher fuel costs have lead the cost of travel to greatly increase as well; and WHEREAS: As part of the City's upcoming Budget review process, it is the responsibility of the City's elected officials to review, and if necessary reassess, the travel policies of City Departments and Agencies; and THEREFORE, BE IT RESOLVED THAT: All City Departments, and the Buffalo Urban Renewal Agency on behalf of the agency and its sub - contractors, shall prepare a list, by name, of all present and past employees and agents who participated in business related travel on behalf of the Department or Agency and its sub - contractors, for the period from July 1, 2006 to date. This list shall include: 1. An explanation of the purpose of such travel; 2. The destination of such travel; and 3. The cost of such travel; and BE IT FUTHER RESOLVED THAT: All City Departments, and the Buffalo Urban Renewal Agency on behalf of the agency and its sub - contractors, shall file the aforementioned information with the City Clerk for review by the Common Council at its regular meeting scheduled for April 29, 2008. ADOPT 1 ST AND 2 ND RESOLVE THE REMAINDER REFERRED TO THE COMMITTEE ON BUDGET NO. 128 SPONSOR: MICHAEL J. LOCURTO PERMISSION TO HANG "THE HELLENIC FESTIVAL" BANNER Whereas: The Greek Orthodox Church is celebrating its Annual "Hellenic Festival'; and Whereas: Representatives from the Greek Orthodox Church of the Annunciation have requested permission to utilize two trees to hang the banner across Delaware Avenue in front of the Greek Orthodox Church of the Annunciation, located at 146 West Utica from Monday, May 5, 2008 through Monday, June 9, 2008 in celebration of this event; and Whereas: The Greek Orthodox Church of the Annunciation representatives are familiar with the banner requirements and will purchase the necessary bond before the banner is installed; Now Therefore Be It Resolved: That the Common Council does hereby grant permission to the Greek Orthodox Church of the Annunciation to hang a banner celebrating their Annual Hellenic Festival on Delaware Avenue in front of the Greek Orthodox Church of the Annunciation, located at 146 West Utica from May 5, 2008 through June 9, 2008, providing the banner meets the requirements of all pertinent City Departments and ensures that no existing laws or ordinances are violated. ADOPTED NO 129 BY MR. LOCURTO DISCHARGE COMMUNITY DEVELOPMENT COMMITTEE "RESULTS OF NEG -453 SCHILLER (LOV)(STRAT PLAN)(323,3/4)" (NO 66, C.C.P. MAR 18, 2008) WHEREAS: The above item is currently in the Community Development Committee; and WHEREAS: It is no longer necessary for this item to be considered by that committee; Now, Therefore Be It Resolved: That this Common Council does hereby discharge the Community Development Committee from further consideration of Item #66, C.C.P. March 18, 2008, "Results of Neg -453 Schiller (Lov)(Strat Plan)(323,3/4)" and said item is now before the Common Council for its consideration. ADOPT DISCHARGE APPROVE AYES -9 NOES -0 NO. 130 BY: MR. RIVERA PERMISSION TO HANG A TEMPORARY BANNER ON DELAWARE AVENUE, NEAR NORTH STREET Whereas: The World trade Center Buffalo Niagara is requesting permission to temporary hand a banner across Delaware Avenue near the North Street between Pole # and the building located at 661 Delaware Avenue. Whereas: World Trade Center Buffalo Niagara is a not for profit, business development organization, listed as a 501 (c)3. Whereas: In order to create awareness around the 2008 World Trade Celebration to be held at the Buffalo Convention Center, the World Trade Center Buffalo Niagara is requesting permission to hang approximately forty banners Whereas: The Organizer would like the banner to be displayed from April 15, 2008 through May 10, 2008; and Be it Resolved: That the Common Council of the City of Buffalo grant permission to World Trade Center Buffalo Niagara to hang its banner on Delaware Avenue to create awareness around their upcoming event on May 8, 2008. Be It Finally Resolved: That the banner meets legal specifications set forth by the Department of Public Works, Parks & Streets and that no existing laws are violated. Furthermore, World Trade Center Buffalo Niagara is familiar with the banner requirements, and already has the necessary bond for the banner display. ADOPTED NO 131 BY: MS. RUSSELL BUDGET AND PERSONNEL AMENDMENT 04 - AUDIT & CONTROL 1049 - CASH & DEBT MANAGEMENT The Common Council of the City Of Buffalo does ordain as follows: That part of Section 1 of Chapter 35 of the Code of the City of Buffalo, relating to 04 - Audit & Control -1049 - Cash and Debt Management which currently reads: 1 Supervising Accountant $ 43,723 - $ 51,200 Is hereby amended to read: 1 Principal Accountant $ 47,655 - $ 56,164 From: 10442001 — 411001 Salary $1,000 To: 10449001 — 411001 Salary $1,000 IT IS HEREBY CERTIFIED, pursuant to Section 3 -19 of the Charter, that the immediate passage of the foregoing ordinance is necessary. That a personnel requisition incident to the creation of the above - mentioned position, containing a statement of the duties for such position, has been filed with the Municipal Civil Service Commission, and said Commission has approved and certified the position title set forth in the foregoing ordinance as being the appropriate Civil Service title for the proposed position BYRON W. BROWN, MAYOR, ANDREW A. SANFILIPPO, COMPTROLLER AND DONNA J. ESTRICH, DIRECTOR OF BUDGET, ADMINISTRATION AND FINANCE, hereby certify that the above change is necessary for the proper conduct, administration and performance of essential services of that department. We recommend that the compensation for said position be fixed at the respective amount set forth in the foregoing ordinance. PASSED AYES -9 NOES -0 NO. 132 BY: MS. RUSSELL BUDGET AND PERSONNEL AMENDMENT 37 - DIVISION OF WATER 1361 - REPAIR & INSTALLATION OF METERS The Common Council of the City Of Buffalo does ordain as follows: That part of Section 1 of Chapter 35 of the Code of the City of Buffalo, relating to 34 - Division of Water - 1361 - Repair & Installation of Meters which currently reads: Water Service Worker $ 8.15 / Hour Is hereby amended to read: Water Service Worker $ 11.11 / Hour This ordinance shall take effect July 1, 2007 IT IS HEREBY CERTIFIED, pursuant to Section 3 -19 of the Charter, that the immediate passage of the foregoing ordinance is necessary. That a personnel requisition incident to the creation of the above - mentioned position, containing a statement of the duties for such position, has been filed with the Municipal Civil Service Commission, and said Commission has approved and certified the position title set forth in the foregoing ordinance as being the appropriate Civil Service title for the proposed position BYRON W. BROWN, MAYOR, STEVEN STEPNIAK, ACTING COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS AND DONNA J. ESTRICH, DIRECTOR OF BUDGET, ADMINISTRATION AND FINANCE, hereby certify that the above change is necessary for the proper conduct, administration and performance of essential services of that department. We recommend that the compensation for said position be fixed at the respective amount set forth in the foregoing ordinance. This ordinance shall be effective July 1, 2007. It is hereby certified, pursuant to Section 3 -19 of the Charter, that the immediate passage of the foregoing ordinance is necessary. We, Byron W. Brown, Mayor, Steven Stepniak, Acting Commissioner of Public Works, Parks and Streets, Andrew A. SanFilippo, Comptroller and Donna J. Estrich, Director of Budget, Administration and Finance, recommend that the compensation for said positions be fixed at the respective amounts set forth in the foregoing ordinance. Furthermore, we, Byron W. Brown, Mayor and Andrew A. SanFilippo, Comptroller, pursuant of Section 24 -15 of the Charter of the City of Buffalo, hereby certify that contingent upon prior or concurrent action to provide and authorize funding thereof, the interests of the City will be subserved by the increase in compensation provided for the positions set forth in the foregoing ordinance. PASSED AYES -9 NOES -0 BY: DEMONE A SMITH NO 133 NO. 134 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. Reaular Committees Committee on Civil Service Committee on Finance following Civil Service Committee on Comm. Dev. Committee on Legislation Special Committees Tuesday, April 22, 2008 at 9:45 o'clock A.M. Tuesday, April 22, 2008 at 10:00 o'clock A.M. Tuesday, April 22, 2008 at 1:00 o'clock P.M. Tuesday, April 22, 2008 at 2:00 o'clock P.M. Waterfront Development Wednesday, April 23, 2008 at 10:30 o'clock A.M. APPOINTMENTS COMMISSIONERS OF DEEDS REQUIRED FOR THE PROPER PERFORMANCES OF PUBLIC DUTIES 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 of Buffalo Charles Panzarella Richard Planaysky Margaret Stotz Kerry Saunders Emily Denicola Michael Collins Gary Pajonk Corrone Crump TOTAL8 ADOPTED NO. 134 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. Reaular Committees Committee on Civil Service Committee on Finance following Civil Service Committee on Comm. Dev. Committee on Legislation Special Committees Tuesday, April 22, 2008 at 9:45 o'clock A.M. Tuesday, April 22, 2008 at 10:00 o'clock A.M. Tuesday, April 22, 2008 at 1:00 o'clock P.M. Tuesday, April 22, 2008 at 2:00 o'clock P.M. Waterfront Development Wednesday, April 23, 2008 at 10:30 o'clock A.M. (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. 135 ADJOURNMENT On a motion by Mr. Fontana, Seconded by Mr. Kearns, the Council adjourned at 3:10 PM GERALD CHWALINSKI CITY CLERK April 15, 2008 BOARD OF POLICE AND FIRE PENSION PROCEEDINGS #4 OFFICE OF THE MAYOR -201 CITY HALL APRIL 17, 2008 PRESENT: ALISA A. LUKASIEWICZ, CORPORATION COUNSEL; GERALD CHWALINSKI, CITY CLERK; The Journal of the last meeting was approved. NO. 1 1 transmit herewith the Pension Payroll for the Fire Pension Fund for the month of April 2008 amounting to $3,740.00 and request that checks be drawn to the order of the persons named herein for the amounts stated. Adopted Ayes -2. Noes -0. NO. 2 1 transmit herewith the Pension Payroll for the Police Pension Fund for the month of April 2008 amounting to $3,760.00, respectively, and request that checks be drawn to the order of the persons named herein for the amounts stated. Adopted. Ayes -2. Noes -0. Received and Filed NO. 3 On motion by Ms. Lukasiewicz the City of Buffalo Police and Fire Pension Board Meeting adjourned at 11:08 a.m.