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Home My WebLink About08-0513-0515PP (2)No. 10 PROCEEDINGS OF THE CITY OF BUFFALO May 13, 2008 PENSION PROCEEDINGS MAY 15, 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 CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO TUESDAY, MAY 13, 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 29, 2008 were approved. FINAL INVOCATION PLEDGE TO FLAG DATE May 13, 2008 MAYOR MAYOR - EXECUTIVE PERMITS AND INSPECTIONS 1. Cit Serv- Submission of Monthly Report -April 2008 R &F FIN 2. Strat Plan- Conditional City Easement Rel. Agmt -1180 Abbott Rd(South) APP 36- 34. Food Store License -882 Northland (Masten) 3. Strat Plan -Perm to Designate Redeveloper Ellicott Dev Co 238 Ontario(North) APP APP 4. Strat Plan- Report of Auction 88 Victoria(Masten) APP 38- 36. Approval of Sery Contract with Erie Reg Housing Dev Corp, Bflo Leadershape 5. Strat Plan- Results of Neg 109 Bradley(North) APP FIN 6. Strat Plan- Results of Neg 524 Grant(North) APP 39- 37. Response Travel Information Req by Council 7. Strat Plan - Results of Neg 53 Liddell(Fill) APP 8. Strat Plan - Results of Neg 28 Perkins(Nia) CD 9. Start Plan -SEAR Queen City Landing Project -975 Furhmann Blvd ADC 10. Strat Plan -St. John Baptist Church Req to Use 1412 Jefferson (Masten) APP COMPTROLLER 11. Req City Depts to Submit Travel Expenses FIN 12. Response -24 Hour and Take Home City Motor Vehicle Use BUD 13- 12A Certificate of Necessity -AIM R &F 14- 13. Appt Principal Accountant (Prov)(Max) (Whitcomb) CS ASSESSMENT 15- 14. Response -24 Hour and Take Home Vehicle Use BUD 16- 15. Request Approval of Cert of Current Base Proportions 2008 Roll APP MANAGEMENT INFORMATION SYSTEMS 17- 16. App of Contract with Bflo Gen /Usage of Facilities to Install Equip. APP 18- 17. App of Contract with National Grid /Usage of Poles APP 19- 18. Response- 24 Hour and Take Home City Motor Vehicle Use BUD 20- 19. Response - Travel Information Req by Council FIN 21- 20. Wi -Fi Pilot Project APP PUBLIC WORKS 22- 21. Notification Serial #10222- 10225(Waive 45 Days) R &F 23- 22. Change in Contract -City Wide Sidewalk Replacement 2006 APP 24- 23. Encroachment into City ROW -257 Lafayette Ave(Niagara) LEG 25- 24. Perm to Hire Consultant ADA Bldg Signage Ext Install City Owned Bldgs APP 26- 25. Report of Bids Crackfilling of City Pavements 2008 APP 27- 26. Report of Bids Father Conway Park Shelter House Roof Recon(Fill) APP 28- 27. Report of Bids Repair to City Pavements 2008 APP 29- 28. Response Travel Information Req by Council FIN 30- 28A Use Portion of ROW of N. Division St Btwn Oak & Ellicott(Ell) LEG POLICE 31- 29. Response -Need for Greater Police Presence LEG FIRE 32- 30. Response Travel Information Req by Council FIN CORPORATION COUNSEL 33- 31. Response - Travel Information Req by Council FIN PERMITS AND INSPECTIONS 34- 32. Award Business Process Redesign to Env Mngt Assoc FIN 35- 33. Food Store License -3221 Bailey (Univ) LEG 36- 34. Food Store License -882 Northland (Masten) LEG 37- 35. Used Car Dealer -2300 Niagara (North) APP COMMUNITY SERVICES 38- 36. Approval of Sery Contract with Erie Reg Housing Dev Corp, Bflo Leadershape Americorp Program FIN HUMAN RESOURCES 39- 37. Response Travel Information Req by Council FIN PT ET ET ET CIVIL SERVICE 40- 38. Documentation of Monitors Pay for Civil Sery Exams CS 41- 39. Public Safety Psych.Contract Ext -Psych Evaluation for Entry Police CS 42- 40. Ext Contract Inquiries Inc - Background Investigation for Entry Police and Fire CS CITY CLERK 43- 41. Liquor License Applications R &F MISCELLANEOUS 44- 42. P. Carey- Response to Resolution -Need for A Greater Police Presence in COB LEG 45- 43. LP Ciminelli -Board Packet Documents May 2008 R &F 46- 44. B. Davis -M. Hwang -Info Housing Units LEG 47- 45. B. Davis -K. Nocolson -Legal Services for the Elderly 2007 Annual Report R &F 48- 46. B. Davis -BFSA Response Req to Audit Books FIN 49- 47. B. Davis -Taxi Stands at 181 Ellicott LEG 50- 48. P. Drago- Receipt of Resolution -Comm Share of Bflo Creek Casino Revenue R &F 51- 49. J. Golombek -F. Bona -Req Taxi Comm & CC Grant Meter Increase LEG,LIC,CC 52- 50. J. Golombek -I Finkelshtein- Standardized Taxi Rates LEG,LIC,CC 53- 51. M. Henderson -UB Police Dept Input -Res# 113, 4/29/2008 LEG 54- 52. M. Kearns -Bflo Water Bd -Info Mngt Agreement FIN 55- 53. M. Kearns -Req Clarification on Mngt Agmt Btwn Bflo Water Bd and AWS FIN 56- 53A. M. Kearns -CC Approval of the Amend Agmt Btwn Bflo Wtr Bd & AWS ADOPT 57- 54. M. Kearns -J. Heffron- Opinion Roof Replacement Incentive FIN 58- 55. M. LoCurto- Partnership for the Public Good Statement - 2008 -2009 Budget FIN 59- 56. A. Machamer- Concerns -User Fee, Water Bills and Tote Size FIN 60- 57. A. Magierski -Cktg Town Board Resolution Support Univ at Bflo UB2020 Program R &F 61- 58. A. Magierski -Cktg Town Board -Call for Pub Hrg Re Amendments To Zoning Dr Through Businesses R &F 62- 59. C. Paladino -Req Resolution CCP# 112,4/29/08 be Rescinded LEG 63- 60. R. Pekarski - Verizon Wireless Monopole- Tower- Bailey Clinton(Lov) LEG,CPBD, TELECOMM 64- 61. R. Pekarski - Verizon Wireless -2 Panel Antennas - 106 Collington(Univ) LEG,CPBD, TELECOMM 65- 62. R. Pekarski - Verizon Wireless -3 Panel Antennas - 50 Mississippi(Nia) LEG,CPBD, TELECOMM 66- 63. J. Sandoro- Oppose Parking Lot 175 S. Division(Ell) R &F 67- 64. D. Smith - Action Plan -Prog Leg Caucus of the CC LEG 68- 65. R. Stanton -Req to Develop R -3 Land in Downtown Sector of HOZO Surface Pkg LEG, ZONING,CPBD PETITIONS 69- 66. A. Sanita Jr, Owner, Use 1194 Lovejoy Outdoor Patio and Pavillion(Lov)(hrg 5/20) LEG,CPBD 70- 67. J. McCarthy, Agent, Use 483 Delaware, Sidewalk Cafe & Patio in Rear Yard(EII)(hrg 5/20) LEGCPBD 71- 68. M. Hunter, Owner, Use 2608 Main St, Reopen A Night Club (Del)(hrg 5/20) LEG,CPBD 72- 69. O. Rauvenpoor, Agent, Use 494 Franklin AKA 69 Allen, Renovation of Interior Restaurant(EII)(hrg 5/20) LEG,CPBD 73- 69A. J. Kawczynski, Agent, Use 93 Maple St, Replacement Ground Sign(ELL)(No Pub Hrg) LEG,CPBD 74- 70. B. Fegley & O -Req 3 Way Stop at Avery & Virgil Avenue (North) LEG,PW 75- 70A V. DiFranciso & Others -Stop COB & D'Youville College From Closing Off Fargo Ave to Motor Vehicle Traffic(Nia) LEG, PW RESOLUTIONS 109- 70B. Davis 51 sc Annual Allentown Art Festival ADOPT 110- 71. FranczykSupport Green Block Grant Program ADOPT 111- 72. FranczykTrailblazing Sign Req for Rose Procknal LEG,PW 112- 72A. Kearns, ect Shared Municipal Services- Traffic Signals and Signage LEG,PW 113- 72B Kearns Increased Appropriation -AIM APP 114- 73. Kearns Shift in Operations for Sonwil Dist Center APP 115- 74. LoCurto,etc Ord Amendment -Ch 413 - Streets and Sidewalks LEG 116- 74A. LoCurto Req Traffic Study on Sterling Avenue LEG 117- 75. Russell Budget & Personnel Amend -MIS FIN 118- 75A. Smith Alternative Veteran's Benefits APP 119- 76. Smith City Contracting MBEC 120- 77. Smith Felicitations in Memorium R &F 121- 78. Smith Comm of Deeds Public Duties ADOPT 122- 79. Smith Comm of Deeds ADOPT SUBMISSION LIST OF COMMITTEE ITEMS FOR THE COUNCIL MEETINGS CIVIL SERVICE 76- 1. Com 30 Apr 29 Appt Supervisor of Maintenance I (Perm)(2 Step)(Krathaus (PW) R &F 77- 2. Com 40 Apt 29 Appt Account Clk Typist (Prov) (4 Step)(Doyle)(EDPI) R &F 78- 3. Com 42 Apr 29 Appt Executive Director of Comm on Cit Rights (Exempt) (Rodriguez)(Comm Cit Rts) R &F FINANCE 79- 4. Com 29 Apr 29 JB Wiley Sports Complex Partnership Agmt (EII)(PW) APP 80- 5. No 56 Apr 29 B. Davis - Support Letter for Sale of Main PI Ramp to Main PI Liberty Group R &F 81- 6. Res 119 Apr 29 Transfer of Funds - Parking Violations APP 82- 7. Res 121 Apr 29 City Depts to Provide 24 hr and Take Home City Monitor Vehicle Use (Ex 1s 2 nd and 3 rd Res) BUDGET 83- 8. Com 24 Apr 15 Buffalo Water Bd Contract - American Water Services(PW) APPM/ ATT ADOPTED RECOMMENDATIONS 84- 9. Com 8 Apr 1 Report of Auction 9/22/07 -771 Fillmore(Fill)(Strat Plan) R &F 85- 10. Com 15 Mar 4 Results -Real Estate Auction 9/22/07 (Strat Plan) APP 105 SCHUTRUM REM RECOMMIT 86- 11. No 57 Feb 5 Results Real Estate Auction Sept 22, 2007(Strat Plan)( #14,1/22) APP 31 KOONS REM RECOMMIT 87- 12. No 60 Feb 5 Results Real Estate Auction September 22, 2007 exc 10 Girard, 120 Goembel & 653 Goodyear APP 325 KOONS, 288 HUDSON, 1002 FILLMORE, 58 SCHRECK, 211 LOMBARD REM RECOMMIT 88- 13. Res 152 Sept 4 Greater Transparency in Government R &F COMMUNITY DEVELOPMENT 89 -14. Com 14 Apr 29 Perm to Designate Redeveloper 275 -279 Kehr /549 Winslow(Mas) (Strat Plan) APP 90- 15. Com 16 Apr 29 Report of Auction - Strauss (Fill)(Strat Plan) APP 91- 16. Com 39 Apr 29 Resolution for Sonwil Distribution Ctr -Shift of Operations(EDPI) R &F 92- 17. No 61 Apr 29 NYSDEC - Brownfield Cleanup -229 Elk St (Fill) R &F 93- 18. No 62 Apr 29 NYSDEC - Brownfield Cleanup -85 Lee St (Fill) R &F 94- 19. No 63 Apr 29 NYSDEC -COB Draft Local W /Front Revitalization Plan WFRONT 95. No 55 Apr 15 A. Jaros - Kaleida Health- Proposed Plan- Diagnostic and Treatment Center R &F LEGISLATION 96- 21. No 66 Apr 29 P. Lalley, Owner, Use 2134 Seneca St, For A Outdoor Cafe(South)(hrg5 /6)_APP 97- 22. No 67 Apr 29 P. Gregory, Agent, Use 175 Division South for A Parking Lot(EII)(hrg5 /6)_DENY 98- 23. No 69 Apr 29 D. Moeller, Agent, Use 120 Broadway for a Pole Sign(EII)(hrg 5/6) APP W /COND 99- 24. No 70 Apr 29 P. Johnson, Agent, Use 765 Elmwood to Expand an Existing Rest(Del)(hrg 5/6) APP 100 -25. Com 1 Apr 29 Appt Crystal Rodriguez As Executive Director of Comm on Cit Right(Mayor) ADOPT 101 -26. No 51 Apr 29 COB Living Wage Common Annual Report for 2007 R &F 102 -27. No 52 Apr 29 Common Council- 2008 -2009 Annual Action Plan ADOPT 103 -28. Res 122 Apr 29 Ord Amend -Ch 413 Streets and Sidewalks RECOMMIT 104 -29. No 83 Apr 29 B. Davis - Parking Lot 175 S. Division( #47,4/1) R &F 105 -30. No 87 Apr 29 G. Smith, Owner, Use 19 Clyde St, Used Car Sales(Univ) (No Pub Hrg)( #69,4/15) RECOMMIT 106 -31. No 91 Apr 29 Basil Group Req. for Removal of Easement -1180 Abbott Rd ( #53,4/1)( #31,4 /15)(CC) R &F 107 -32. Com 40 Apr 15 Second Hand Dealer -333 Connecticut St(Nia)(EDPI) APP 108- Com 33 Apr 1 Food Store License -1421 Main(Masten)(EDPI) RECOMMIT CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO TUESDAY, MAY 13, 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 29, 2008 were approved. FROM THE MAYOR FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE OFFICE OF CITIZEN SERVICES NO. 1 SUBMISSION OF MONTHLY REPORT- APRIL 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 April 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, classified by Councilmatic district. RECEIVED AND FILED FROM THE OFFICE OF STRATEGIC PLANNING NO. 2 CONDITIONAL CITY EASEMENT RELOCATIONAGREEMENT 1180 ABBOTT ROAD SOUTH DISTRICT ITEM NO. 53, C.C.P. 04/01/08 AND ITEM NO. 31, C.C.P. 04/15/08 The Office of Strategic Planning, Division of Real Estate, has received a request from 1180 Abbott, LLC (Mr. Chuck Basil) as owner of 1180 Abbott Road, Buffalo, New York for the City of Buffalo to relocate a recorded City of Buffalo Utility Easement that bisects the subject property (copy of map attached). Mr. Basil's representatives have indicated that Mr. Basil wants to build an automotive sales related building /facility that would cross over the subject utility easement area. The subject property was apparently sub - divided into residential lots in the 1930's. The subject utility easement dates from 1941 and was possibly put in place to service the proposed residential lots, certain of which were never improved as residential lots. In the 1940's the subject property was developed for a single commercial use. This office has contacted the Department of Public Works, Parks & Streets and the Corporation Counsel's Office to review the request. The Department of Public Works, Parks & Streets has advised that no public utilities were ever constructed in the subject easement area, although a title review by the Corporation Counsel's Office indicates the presence of City related sewer lines along both the Abbott Road and Dorrance Avenue sides of the 1180 Abbott Road property. Accordingly, the Corporation Counsel's Office has prepared a Conditional Easement Relocation Agreement for your Honorable Body to consider approving. The Conditional Easement Relocation Agreement protects the City's interests. I am recommending that your Honorable Body authorize the Mayor to execute the Conditional Easement Relocation Agreement in substantially the form as is attached hereto and that your Honorable Body further authorize all action and the execution of all such documents as are necessary to implement, effectuate and facilitate the intent of the Conditional Easement Relocation Agreement. Mr. Fontana moved: That the above communication from the Office of Strategic Planning dated May 6, 2008, be received and filed; and That the Mayor be, and he hereby is authorized to execute the Conditional Easement Relocation Agreement - 1180 Abbott Road, LLC (Mr. Chuck Basil). PASSED AYES -9 NOES -0 NO. 3 PERMISSION TO DESIGNATE REDEVELOPER ELLICOTT DEVELOPMENT COMPANY (1093 GROUP LLC) - PORTION OF PUBLIC PARKING LOT AT 238 ONTARIO STREET The Office of Strategic Planning has received a request from Ellicott Development Company, 1093 Group LLC, William Paladino, to purchase a portion of the public parking lot of 238 Ontario Street. They are requesting to purchase this property for the redevelopment of a Rite Aide Drug Store on the comer of Tonawanda and Ontario Streets along with parking for their tenant (Dollar General) located at 827 Tonawanda Street. The City of Buffalo will retain the remainder of the parking lot for the possible future redevelopment of former School 60 located at the corner of Ontario and Troy Alley. The Department of Public Works, Board of Parking and Land Use Planning were contacted and there were no objections to the abandonment and sale of the property. I therefore respectfully request that Your Honorable Body designate Ellicott Development Company (1093 Group LLC) and or corporation, partnership, or other legal entity to be formed as Redeveloper of the subject property for a period of six months subject to the following conditions: a. Submission by the Redeveloper of a detailed site plan for approval by the City of Buffalo Planning Board and construction plans, including landscaping, for approval by the City. b. Submission of a colored rendering of the property suitable for presentation to the City Common Council which shall be submitted prior to the Common Council approval of LDA. c. Submission by the Redeveloper of evidence of equity capital and mortgage financing necessary for the completion of the project which shall be submitted prior to closing. d. Payment of a designation fee of One Thousand Dollars ($1,000.00) per month by Redeveloper to the City, payable within five (5) days from the date of designation and due thereafter the first day of every month. In the event Redeveloper shall exercise its option to acquire said property pursuant to the Land Disposition Agreement (LDA) to be negotiated by Redeveloper and the City, said option fee shall be applied as a credit towards the purchase price. In the event Redeveloper shall not proceed with the redevelopment of the property within the designation period, Redeveloper shall forfeit all monies paid on account and the City shall retain all such monies. e. Redeveloper is responsible for performing any soil borings and soil investigations, as per a license agreement to be granted by the City, for the purpose of determining, to developer's satisfaction, the suitability of the site for its intended use, and the presence or absence of hazardous substances as such term is used in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended (C.E.R.C.L.A) 42 USC ss 9601 et seq.: The Hazardous Materials Transportation Act, as amended, 49 USC ss 1801 et seq.: The Resource Conservation and Recovery Act, as amended, 42 USC ss 6901 et seq.: Articles 15 and 27 of the New York State Environmental Conservation Law or any other federal, state, or local law, regulation, rule, ordinance, by -law, policy guidance, procedure, interpretation, decision, order, or directive, whether existing as of the date hereof, previously enforced or subsequently enacted. f. successful negotiation of a Land Disposition Agreement for approval by the Common Council by no later than six months from the date the Common Council approves the designation. g. In signing of LDA, payment by the Redeveloper to the City of a non - refundable deposit, in the amount of ten percent (10 %) of the agreed to selling price. h. Individuals and or corporations having outstanding taxes, water bills, parking tickets, user fee and /or demolition liens or any other liens owned to the City of Buffalo, or if code violations exist on any property owned by them they are ineligible for designation. The City of Buffalo may terminate this designation should the Redeveloper fail to meet any of the deadlines set forth above. Should the City elect to terminate this designation on or before the end of the designation period for failure to meet a timely deadline, the City will first allow the Redeveloper two (2) weeks to cure by written notice. This designation will expire six (6) months from the date the Common Council approves the designation. I am requesting that your Honorable Body approve the designation of Ellicott Development Company (1093 Group LLC) as the Redeveloper of a portion of the public parking lot at 238 Ontario Street upon the above terms and conditions; authorize the Executive Director of the Office of Strategic Planning to prepare the necessary agreements for the redevelopment of a portion of the public parking lot at 238 Ontario Street, and forward to the Common Council for final approval of agreements for the transfer of title. Mr. Fontana moved: That the above communication from the Office of Strategic Planning dated May 7, 2008, be received and filed; and That the Common Council approve the designation of Ellicott Development Company (1093 Group LLC) as the Redeveloper of a portion of the parking lot at 238 Ontario Street upon the above terms and conditions. Authorizes the Office of Strategic Planning to prepare the necessary agreements for the redevelopment of a portion of the public parking lot at 238 Ontario Street, and forward to the Common Council for final approval of agreements for the transfer of title. PASSED AYES -9 NOES -0 NO.4 REPORT OF AUCTION 88 VICTORIA, 197.33' W HOLDEN LOT SIZE: 30'X 115' ASSESSED VALUATION: LAND $2,600 IMPROVEMENT $18,400 TOTAL $ 21 (MASTEN DISTRICT) The Office of Strategic Planning, Division of Real Estate held an auction on September 22, 2007. We received a bid of One Thousand Five Hundred Dollars ($1,500) from Ms. Cynthia Williams of 309 Watson Street, Buffalo, New York 14214 for the single family home located at 88 Victoria Street. Ms. Williams has provided estimates in the amount of Thirty Five Thousand Dollars ($35,000) to repair the property. She intends to repair and occupy the home. A letter of commitment to finance the repairs has been received from the Fillmore- Leroy Area Residents, Inc. in order to bring 88 Victoria into code compliance. The Department of Economic Development 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. Ms. Williams has signed an agreement to purchase the property in the amount of One Thousand Five Hundred Dollars ($1,500) and will commence repair to the property upon the transfer of title and will complete the required repairs within one year from the date of title transfer. The deed transferring title to the purchaser will retain a reversionary interest where title will revert to the City of Buffalo in the event the purchaser fails to complete required repairs within the time frame specified. The purchaser has also agreed to pay for all closing costs associated with the transfer of title. I am recommending that Your Honorable Body approve the sale of 88 Victoria to Ms. Cynthia Williams 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 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 May 6, 2008, be received and filed; and That the offer from Ms. Cynthia Williams, residing at 309 Watson Street, in the sum of one thousand and five hundred dollars ($1,500.00) for the purchase of 88 Victoria, be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES -9 NOES -0 NO. 5 RESULTS OF NEGOTIATIONS 109 BRADLEY VACANT LOT- TOTAL 1,771 SQ. FT. ASSESSED VALUATION: $2,200 The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Jimmy Liu, 304 Highgate, Daly City, California, 94015, to purchase a vacant lot at 109 Bradley. Mr. Liu plans to use this vacant lot, which is located behind property that he is buying at 582 Grant Street, to provide parking for a Laundromat to be located at 582 Grant Street. 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 purchasers. The Division of Real Estate has investigated the sale of similar lots in the subject area. Sales range from One Dollar ($1.00) to Three Dollars and Fifty Cents ($3.50) per square foot. The results of our negotiations are that Mr. Liu has agreed and is prepared to pay Two Thousand Seven Hundred Dollars ($2,700), the equivalent of One Dollar and Fifty Cents (S1.50) per square foot for the subject property. Mr. Liu 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 109 Bradley in the amount of Two Thousand Seven Hundred Dollars ($2,700). 1 am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. Mr. Fontana moved: That the above communication from the Office of Strategic Planning dated May 8, 2008, be received and filed; and That the offer from Mr. Jimmy Liu, residing at 304 Highgate, Daly City, California, 94015, in the sum of two thousand and seven hundred dollars ($2,700.00) for the purchase of 109 Bradley, be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES -9 NOES -0 NO. 6 RESULTS OF NEGOTIATIONS 524 GRANT, 125.80 N FOREST VACANT LOT: 46'X 134' ASSESSED VALUATION: $14,100 (NORTH DISTRICT) The Office of Strategic Planning, Division of Real Estate has received a request from Ms. Angela Reibel, 64 Chipman Place, North Tonawanda, N.Y. 14120, to purchase 524 Grant Street, a City owned vacant lot. Ms. Reibel owns The Hammond Auto Repair Company located at 528 Grant Street, which is adjacent to the vacant lot at 524 Grant Street. She intends to use the vacant lot to expand her business. The Office of Strategic Planning Land Use Planning Committee, 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 One Dollar and Twenty -Five Cents ($1.25) to Three Dollars and Fifty Cents ($3.50), per square foot. The results of our negotiations are that Ms. Reibel has agreed and is prepared to pay Seven Thousand Five Hundred Dollars ($7,500), the equivalent of One Dollar and Twenty -Five Cents ($1.25) per square foot for the subject property. Ms. Reibel 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 524 Grant Street in the amount of Seven Thousand Five Hundred Dollars ($7,500). 1 am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. Mr. Fontana moved That the sale of 524 Grant Street from Ms Angela Reibel in the amount of seventy five ($7,500) upon the terms and conditions that was submitted PASSED AYES -9 NOES -0 NO. 7 RESULTS OF NEGOTIATIONS 53 LIDDELL, 340. S BRIER VACANT LOT: 30'X 104' ASSESSED VALUATION: $3,300 FILLMORE DISTRICT The Office of Strategic Planning, Division of Real Estate has received a request from Ms. Darlene Lewis, 57 Liddell Street, Buffalo, N.Y. 14212, to purchase 53 Liddell Street. Ms. Lewis owns and resides at 57 Liddell Street, which is adjacent to the vacant lot at 53 Liddell. She intends to use the vacant lot to expand her yard space at 57 Liddell. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. The Division of Real Estate has investigated the sale of similar lots in the subject area. Sales range from Thirty Cents ($.30) to One Dollar ($1.00), per square foot. The results of our negotiations are that Ms. Lewis has agreed and is prepared to pay One Thousand Dollars ($1,000), the equivalent of Thirty -Two Cents ($.32) per square foot for the subject property. Ms. Lewis 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 53 Liddell Street in the amount of One Thousand Dollars ($1,000). 1 am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. Mr. Fontana moved: That the above communication from the Office of Strategic Planning dated May 5, 2008, be received and filed; and That the offer from Ms. Darlene Lewis, 57 Liddell Street, in the sum of one thousand dollars ($1,000.00) for the purchase of 53 Liddell, be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES -9 NOES -0 NO. 8 RESULTS OF NEGOTIATIONS 28 PERKINS, 268. E DEWITT VACANT LOT: 27'X 151' ASSESSED VALUATION: $3,000 (NIAGARA DISTRICT) The Office of Strategic Planning, Division of Real Estate has received a request from Ms. Jeanne C. Caryl, 420 Breckenridge Street, Buffalo, New York 14213 to purchase 28 Perkins. Ms. Caryl owns 22 and 24 Perkins, which are adjacent to the vacant lot at 28 Perkins. She intends to use the vacant lot as extra yard space for her properties at 22 and 24 Perkins.. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. The Division of Real Estate has investigated the sale of similar lots in the subject area. Sales range from Sixty -Eight Cents ($.68) to One Dollar and Forty Cents ($1.40) per square foot. The results of our negotiations are that Ms. Caryl has agreed and is prepared to pay Two Thousand Nine Hundred Dollars ($2,900), the equivalent of Seventy Cents ($70) per square foot for the subject property. Ms. Caryl 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 28 Perkins in the amount of TwoThousand Nine Hundred Dollars ($2,900). 1 am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 9 SEQR QUEEN CITY LANDING PROJECT 975 FURHMANN BOULEVARD Prior to the implementation of the above - referenced action, the requirements of the New York State Environmental Quality Review Act (SEAR) must be satisfied. The project, as defined under SEAR, is a Type I Action for which the completion of a coordinated environmental assessment is recommended by the City of Buffalo Planning Board. As per Section 617.6 of the regulations, an agency responsible for determining the effect of the project on the environment must be designated from the involved agencies within 30 calendar days of this communication. It is proposed that The City Planning Board act as the Lead Agency for this action. If the Common Council has no objection to the Planning Board acting as Lead Agency, please inform my office within the 30 day period. The project Environmental Assessment Form is enclosed for your review. Mr. Fontana moved That the above communication from the Office of Strategic Planning, dated April 24, 2008, be received and filed; and That the Common Council hereby consents to the City of Buffalo Planning Board to act as Lead Agency for the 975 Fuhrmann Boulevard, Queen City Landing Project. ADOPTED NO. 10 ST JOHN BAPTIST CHURCH REQUEST TO USE CITY -OWNED VACANT LOT LOCATED AT 1412 JEFFERSO, SOUTH CORNER WOODLAWN LOT SIZE 96 X 100 MASTEN DISTRICT The Office of Strategic Planning, Division of Real Estate, has received a request from Mr. Larry Webster, Co -Chair Evangelistic Ministry on behalf of St. John Baptist Church to use 1412 Jefferson for their annual tent revival. St John Baptist Church intends to have a tent revival from July 15, 2008 through July 17, 2008. They have agreed to obtain and provide proof of insurance in the amount of $1,000,000.00 naming the City of Buffalo as additional insured. The Land Use Planning Committee was contacted and they have no objections. I am recommending that Your Honorable Body approve the request of St. John Baptist Church to use 1412 Jefferson Avenue upon the above terms and conditions. I am further recommending that the Office of Strategic Planning prepare and execute the necessary use agreement. Mr. Fontana moved: That the above communication from the Office of Strategic Planning dated May 7, 2008, be received and filed; and That the offer from Mr. Larry Webster, Co -Chair Evangelistic Ministry on behalf of St. John Baptist Church to use 1412 Jefferson Avenue upon the terms and conditions as listed above. That the Office of Strategic Planning prepare and execute the necessary use agreement. PASSED AYES -9 NOES -0 FROM THE COMPTROLLER NO. 11 REQ CITY DEPARTMENTS TO SUBMIT TRAVEL EXPENSES ITEM NO. 127, CCP, 4/15/08. Per your request dated April 16, 2008, attached is a list of business related travel for the Department of Audit and Control for the period July 1,2006 to April 25, 2008. If you have any questions or need additional information please contact my office. REFERRED TO THE COMMITTEE ON FINANCE, NO. 12 24 HOUR AND TAKE HOME CITY MOTOR VEHICLE USE ITEM # 121CCP My department performed an audit several years ago that was filed with the Common Council. There currently is no all- inclusive list of assigned City 24 -hour or take home motor vehicles. My Division of Accounting is responsible for determining and reporting the taxable portion of personal use to the IRS. It continues to be a challenge to obtain the appropriate information from City departments. Currently, there are approximately 15 employees who are filing monthly reports with our office. We are not required to file tax information for uniform employees, and as such we have no data related to 24 -hour or take home motor vehicles for either the police or fire departments. It would be helpful for our office to reconcile our records if the Council could provide us a copy of what is ultimately provided by City departments. Please note there are no City vehicles assigned to the Department of Audit and Control. REFERRED TO THE COMMITTEE ON BUDGET NO. 13 CERTIFICATE OF NECESSITY INCREASED APPROPRIATION AIM CAPITAL OUTLAY We, Byron W. Brown, Mayor and Andrew A. SanFilippo, Comptroller, do hereby certify, pursuant to §20 -11 of the Charter, that an increase in the sum of $3,120,946 in the estimate for the fiscal year beginning July 1, 2007 is necessary in Capital Outlay to meet a contingency which could not have been reasonably foreseen when the budget was adopted. The amount of increased appropriation will be met from increased revenue in the account titled NYS Aid Incentive to Municipalities, not otherwise appropriated for any other purpose. The details of the requirements are set forth below: That, the Comptroller be and hereby is authorized and directed to increase the revenue estimate for account: From: 10700010 - 335009 NYS Aid Incentive to Municipalities (AIM) $3,120,946 To: To meet the increased appropriation as set forth below: 16550007 - 471010 Permits & Inspections - Land Improvements $3,120,946 Dated: Buffalo, NY, May 7, 2008 RECEIVED AND FILED NO. 14 APPT PRINCIPAL ACCOUNTANT, PROVISIONAL (MAX)(WHITCOMB) Appointment Effective: in the Department of Audit and Control, Division of Investment and Debt Management to the Position of Principal Accountant, Provisional at the Maximum Salary of $56,164.00 Richard J. Whitcomb, 370 South Elmwood Avenue, Buffalo, Ny 14201 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF ASSESSMENT AND TAXATION NO. 15 24 HOUR AND TAKE HOME VEHICLE USE ITEM #121, C.C.P. 04/29/08 The above noted item was referred to this office for reporting. Please be advised that no employee in the Department of Assessment and Taxation has possession of or the use of any City motor vehicle. When needed in the performance of their jobs departmental staff utilize their own vehicles and are compensated under provisions of the collective bargaining agreement between the City of Buffalo and AFSCME Local 650. REFERRED TO THE SPECIAL COMMITTEE ON BUDGET NO. 16 REQUEST APPROVAL OF CERTIFICATE OF [: CURRENT BASE PROPORTIONS [: 2008 ROLL Attached find Certificate of Base Percentages, Current Percentages and Current Base Proportions. I am respectfully requesting that Your Honorable Body approve the aforementioned Certificate pursuant to Article 19 of the Real Property Tax Law. Article 19 was added to the Real Property Tax Law in 1981 for the purpose of mitigating the shift of taxes to residential property as a result of reassessment in municipalities with a homestead and a non - homestead taxing system. A proportional ratio is established between the two classes in the base year, the roll used for certification as an approved assessing unit. For the City of Buffalo our base year is 1991. Thereafter each successive roll is adjusted for changes in the number and values of parcels in the two classes and the ratio is applied to determine the amount of the levy to be collected from each class of properties. This Certificate was prepared by the Department of Assessment and Taxation with the assistance of the New York State Office of Real Property Service, pursuant to the Real Property Tax Law and the Rules and Regulations of the Office of Real Property Service. Upon approval of this Certificate, kindly direct the City Clerk to sign, date and forward said Certificate to the New York State Office of Real Property Service, Equalization Rate Bureau, 16 Sheridan Avenue, Albany, New York 12210 -2714. Also, kindly direct the City Clerk to furnish this department with a copy of the approved Certificate. PASSED Mr. Fontana moved: That the above communication from the Commissioner of Assessment & Taxation dated May 1, 2008, be received and filed; and That the Common Council approve the Certificate of Base Percentages, Current Percentages and Current Base Proportions pursuant to Article 19 of the Real Property Tax Law. That the City Clerk be, and he hereby is authorized to sign, date and forward said Certificate to the New York State Office of Real Property Service, Equalization Rate Bureau, 16 Sheridan Avenue, Albany, New York 12210 -2714. That the City Clerk be, and he hereby is authorized to furnish a copy of the approved Certificate to the Department of Assessment & Taxation. PASSED AYES -9 NOES -0 FROM THE COMMISSIONER OF MANAGEMENT INFORMATION SYSTEMS NO 17 APPROVAL OF CONTRACT WITH BUFFALO GENERAL FOR USAGE OF THEIR FACILITIES TO INSTALL EQUIPMENT NECESSARY FOR TRANSMISSION OF THE WIRELESS SIGNAL The City is in the process of installing 60 police surveillance cameras at various locations of the city. In order to transmit signal from the surrounding area, we must place equipment on Buffalo General Hospital premises. The attached contract is between the City and Buffalo General to allow the City usage of their building. Mr. Fontana moved: That the above communication from Management Information Systems dated May 8, 2008, be received and filed; and That the Director of Management Information Systems, be, and he hereby is authorized to enter into a Site License Agreement with Kaleida Health to use 100 High Street to install police surveillance cameras on behalf of the Buffalo Police Department. COPY AVAILABLE IN THE CITY CLERKS OFFICE FOR REVIEW PASSED AYES - 9 NOES — 0 NO 18 APPROVAL OF CONTRACT WITH NATIONAL GRID FOR USAGE OF THEIR ELECTRIC UTILITY POLES FOR INSTALLATION OF SURVEILLANCE CAMERAS The City is in the process of installing 60 police surveillance cameras at various locations of the city. In few of these locations the cameras have to be installed on poles owned by National Grid. The attached contract is between the City and National Grid to allow the City usage of National Grid Electric Utility poles. COPY AVAILABLE IN THE CITY CLERKS OFFICE FOR REVIEW Mr. Fontana moved: That the above communication from Management Information Systems dated May 8, 2008, be received and filed; and That the Director of Management Information Systems, be, and he hereby is authorized to enter into a Camera Attachment Agreement with Niagara Mohawk Power Corporation (National Grid) to use various electric utility poles to install police surveillance cameras on behalf of the Buffalo Police Department. PASSED AYES - 9 NOES — 0 NO 19 24 HOUR OR TAKE HOME CITY MOTOR VEHICLE USE Item No. 121 CCP April 29, 2008 No City Motor Vehicle of any type is assigned to any staff member of Department of Management Information Systems REFERRED TO THE SPECIAL COMMITTEE ON BUDGET NO 20 TRAVEL APPROPRIATIONS FROM 07/01/2006 TO DATE Total Amount expensed on Travel since 07/01/2006 to date - $515,60 Break Down: 1. Date of travel - Nov. 14 thru 16th, 2007 Employee Name - Daryl Springer, Destination - Toronto Purpose of Travel - Attended Self Service Reporting Training with Business Objects. The training was not offered locally. - Total cost $457.71 (Covers - Travel, meals and hotel) 2. Date of Travel - Oct. 2007 Employee Name - Robert Leach, Destination - Manasas, Virginia Mr. Leach was paid moving expenses by the city through a different appropriation (not part of MIS Budget). This appropriation only covered his out of pocket expenses - $57.89 REFERRED TO THE COMMITTEE ON FINANCE NO 21 WI -FI PILOT PROJECT The City's Management Information Systems Department has begun a multi- component initiative called "Wi -Fi" with the objective of increasing the number of Buffalo schoolchildren who regularly use personal computers and the internet for educational and practical day to day uses. Preliminary implementation of the Wi -Fi initiative includes at least four related components as follows: 1. City "donation" of 10 de- commissioned City owned personal computers to 10 identified students (with parental consent) at Buffalo Public Schools 74 and 30 for use of the computers in their homes for the duration of the approximately 4 week long duration of the Wi -Fi Pilot Project (if the 10 computers were not "donated ", these 10 computers which are now entirely obsolete for City uses would have to now be disposed of properly and there would 'be no gain or advantage whatsoever to the City or City schoolchildren); 2. City "donation" or other facilitation of a donation of 10 generic wireless access cards for use in the 10 computers; 3. City acceptance or other facilitation of donated "access points" or "Wi Fi" areas at the two selected City schools (Schools 74 and 30 - the 10 identified recipient schoolchildren need to reside within 1000 feet of the schools for these computers to be able to access the internet); 4. City MIS Department technical support staff to get these aspects of the Wi -Fi initiative kick - started and up and running. I am recommending that your Honorable Body authorize appropriate MIS staff to execute all such documents and or to take all such other actions as are necessary to facilitate and implement the Wi -Fi Pilot Project and each of the above components of this early phase of the Wi -Fi initiative. Mr. Fontana moved: That the above communication from Management Information Systems dated May 8, 2008, be received and filed; and That the Director of Management Information Systems, be, and he hereby is authorized to execute all such documents and or to take all such other actions as are necessary to facilitate and implement the Wi -Fi Pilot Project and each of the above components of this early phase of the Wi -Fi initiative. PASSED AYES -9 NOES -0 FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO 22 NOTIFICATION SERIAL # 10222 METERED PARKING- REPEAL ON MAIN STREET, WEST SIDE BETWEEN WEST TUPPER STREET AND A POINT 260 FEET NORTH THEREFROM ( ELLICOTT DISTRICT) METERED PARKING - 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 25 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: METERED PARKING METERED PARKING LOCATION PERIOD OF METERED PARKING RATE OF METERED PARKING Main Street, west side 2 hour maximum Rate B Between West Tupper Street 9am to 5pm $.50 per hour And a point 260 feet north therefrom Monday — Friday This action is being taken in conjunction with design plans for reconstruction of the 700 block of Main Street. NOTIFICATION SERIAL # 10223 METERED PARKING — REPEAL ON MAIN STREET, WEST SIDE BETWEEN A POINT 260 FEET NORTH OF WEST TUPPER STREET AND PEARL STREET (ELLICOTT DISTRICT) METERED PARKING — 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 25 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: METERED PARKING METERED PARKING LOCATION PERIOD OF METERED PARKING RATE OF METERED PARKING Main Street, west side 8 hour maximum Rate D Between a point 260 feet north of 9am to 5pm $2.00 per day West Tupper Street Monday — Friday And Pearl Street This action is being taken in conjunction with design plans for reconstruction of the 700 block of Main Street. NOTIFICATION SERIAL #10224 INSTALL METERED PARKING ON MAIN STREET, WEST SIDE BETWEEN WEST TUPPER STREET AND PEARL STREET (ELLICOTT DISTRICT) METERED PARKING— INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 25 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: METERED PARKING METERED PARKING LOCATION PERIOD OF METERED PARKING RATE OF METERED PARKING West Street, west side 2 hour maximum Rate B Between West Tupper Street 9am to 5pm $.50 per hour And Pear Street Monday — Friday This action is being taken in conjunction with design plans for reconstruction of the 700 block of Main Street. NOTIFICATION SERIAL # 10226 INSTALL STOP SIGNS IN COMSTOCK AVENUE AT LISBON AVENUE (UNIVERSITY DISTRICT) STOP SIGNS (ALL -WAY) — INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 9 Section 11 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: STOP SIGNS VEHICLES ON SHALL STOP BEFORE ENTERING Comstock Avenue Lisbon Avenue This action is being taken as a result of an investigation into the accident history of this intersection precipitated by a written request for all -way stop control. The results of this investigation indicate that this intersection meets criteria established by the Federal Highway Administration and the New York State Manual of Uniform Traffic Control Devices for the establishment of multiway stop applications. REFFERRED TO THE COMMITTEE ON FINANCE NO 23 CHANGE IN CONTRACT CITY -WIDE SIDEWALK REPLACEMENT — 2006 GROUP #658 - P & J CONSTRUCTION CO., INC..CONTRACT #92011257 PRIOR COUNCIL REFERENCE ITEM #49 OF C.C.P. 11/28/06 ITEM #28 OF C.C.P. 6/26/07 ITEM #22 OF C.C.P. 10/2/07 ITEM #15 OF C.C.P. 10/16/07 ITEM #9 OF C.C.P. 11/27/07 ITEM #17 OF C.C.P. 4/15/08 1 hereby submit to Your Honorable Body the following request for additional work to the above named project. This change order is necessary to replace island curb /landscape: St. Mary's Road - Doat to Walden. Contract Unit Estimated Estimated Item Description Price Quantity Cost R07.105A Granite Curb - NYSDOT Type "A" $40 /lin.ft 2,259 $90,360.00 5" x 16' Replacement (Mount Airy) R07.105RA Granite Curb - NYSDOT Type "A" $45 /lin.ft 130 $5,850.00 5" x 16" Radius Replacement (Mount Airy) 8502.5014 Sawcutting Asphalt Pavement, $3 /lin.fi. 2,259 $2,389.00 Concrete Pavement & Asphalt Overlay on Concrete Pavement 613.0101 Topsoil $50 /cu.yd. 125 $6,250.00 11.110 Hydroseed $0.20 /sq.ft 9,600 $1,920.00 90.500 Miscellaneous Construction Allowance $5,000 /lump sum as necessary $5,000.00 Total Total $111,769.00 Existing Contract Amount $1,705,832.40 Increase in Contract $111,769.00 Total Contract to Date $1,817,601.40 Funds for this work are in CDBG Account #33 -50203 ($96,961.00) and permission is requested to accept a transfer into our Capital Project Account #30032106 - 445100. The remaining funds ($14,808.00) are available in Capital Project Account #30032106 - 445100. I respectfully certify that this change order is fair and equitable for the work involved, and respectfully request that Your Honorable Body approve the subject change order and authorize the Commissioner of Public Works, Parks & Streets to issue said change order to P & J Construction Co., Inc. Mr. Fontana moved: That the above communication from the Acting City Engineer dated April 23, 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 $111,769.00, as more fully described in the above communication, for work relating to City -Wide Sidewalk Replacement - 2006, Group #658, Contract #92011257. Funds for this project are available in CDBG Account #33 -50203 ($96,961.00) and that the Acting Commissioner of Public Works, Parks and Streets accept a transfer into the Capital Project Account #30032106 - 445100. The remaining funds of $14,808.00 are available in Capital Project Account #30032106 - 445100. PASSED AYES -9 NOES -0 NO. 24 257 LAFAYETTE AVE ENCROACHMENT INTO CITY RIGHT OF WAY (NIAGARA DISTRICT) Mr. Karl Frizlen, President of The Frizlen Group architecture firm, has requested permission to encroach City right of way at 257 Lafayette Avenue with a parking area. The proposed parking area is part of a renovation of an existing school building into apartments and office space. The parking area is located primarily on private property but a section measuring approximately 140'x 15' encroaches City right of way. The Department of Public Works, Parks and Streets has reviewed this application 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. 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 other City of Buffalo permits necessary for said installation including a building permit. 2.That the parking area be installed exactly as shown on plans submitted to and approved by the Department of Permit and Inspection Services. 3.That the encroachment does not exceed 2,100 square feet in area or project more than 15 feet from the property line into City right of way. 4. That the applicant be responsible for relocation of any underground utilities affected by the installation of said addition. 5.That the applicant supply the City of Buffalo with a construction in street bond and /or certificate of insurance, in an amount determined sufficient by the Corporation Counsel, which will indemnify and save harmless the City of Buffalo against any and all loss and damage arising out of the construction, maintenance, use and removal of said encroachment. REFERRED TO THE COMMITTEE ON LEGISLATION NO 25 PERMISSION TO HIRE CONSULTANT ADA BUILDING SIGNAGE EXTERIOR INSTALLATION CITY OWNED BUILDINGS JOB #0811 Requests for Proposals for the Exterior ADA Signage, Exterior Installation, City Owned Buildings, were sent out on April 10, 2008 and the following proposals were received: DiDonato Associates $ 66,700.00 689 Main St., Buffalo, NY Barton, Hovey, Nardini & Tries $137,600.00 2495 Main St., Buffalo, NY Watts Engineering No Bid 2836 Main St., Buffalo, NY Permission is hereby requested from Your Honorable Body to retain a consultant to prepare plans and specifications and provide construction oversight for the ADA Signage, Exterior Installation, for City Owned Buildings. Funds are available in 36320506 445100 - Buildings. Mr. Fontana moved: That the above communication from the Acting Commissioner of Public Works, Parks and Streets dated March 30, 2008 be received and filed; and That the Acting Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to prepare plans and specifications and provide construction oversight for the ADA Signage, Exterior Installation for City -owned buildings. Funds for this project are available in 36320506 445100 - Buildings. PASSED AYES -9 NOES -0 NO 26 REPORT OF BIDS CRACKFILLING OF CITY PAVEMENTS — 2008 GR. #685 In obtaining these bids for the above mentioned project, I have asked for unit price covering the various items of work and material which will be performed. The final cost of the work will be based on the actual measured quantities of materials entering into the work and may be either more or less than the total bid. The following bids were received: Base Bid Thomann Asphalt Paving Co., Inc. $95,100.00 56 Gunville Road, Lancaster, NY 14086 Amherst Paving, Inc. $99,020.00 330 Meyer Road, Amherst, HY 14226 1 hereby certify that the low bidder for the above project is Thomann Asphalt Co., Inc. I respectfully recommend that your Honorable Body authorize a contract award in the mount of $ 95,100.00. Funds for this work are available in Capital Project Account #30310306 - 445100. The engineer's estimate for this work is $100,000.00. The attached is certified to be a true and correct statement of the bid received. Under provisions of the General Municipal Law, any of the bidders may withdraw his bid if an award of the contract is not made by June 15 2008. Individual bid submissions are available in our office for inspection and copies are available upon request. Mr. Fontana moved: That the above communication from the Acting Commissioner of Public Works, Parks and Streets dated May 6, 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 Crackfilling of City Pavements - 2008 Group #685, to Thomann Asphalt Paving Co., the lowest responsible bidder, in the amount of $95,100.00. Funds for the project are available in Capital Project Account #30310306 - 445100. PASSED AYES -9 NOES -0 NO 27 REPORT OF BIDS FATHER CONWAY PARK SHELTER HOUSE ROOF RECONSTRUCTION JOB #0747 FILLMORE DISTRICT I asked for and received the following informal bids on September 18, 2007 for the Farther Conway Park Shelter House, Roof Reconstruction. Base Bid CO #1 Jos. A. Sanders & Sons $17,577.00 $880.00 99 -117 Lathrop, Buffalo, NY Jameson Roofing Co. No Bid 106 Evans, Hamburg, NY Progressive Roofing No Bid 331 Grote, Buffalo, NY Weaver Metal & Roofing No Bid 40 Appenheimer, Buffalo, NY Change Order #1 is to furnish and install an additional 64 sq. ft. roof deck and 20 If fascia wrap material. I certify that the foregoing is a true and correct statement of all emergency bids received and that Jos. A. Sanders, in the amount of Eighteen Thousand Four Hundred Fifty Seven and 00/100 Dollars ($18,457.00), is the lowest responsible bidder in accordance with the plans and specifications. Funds for the work are available in 39320806 445100 - Division of Buildings. Mr. Fontana moved: That the above communication from the Acting Commissioner of Public Works, Parks and Streets dated April 25, 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 Father Conway Park Shelter House, Roof Reconstruction, Job #0747 to Jos. A. Sanders, the lowest responsible bidder, in the amount of $18,457.00. Funds for the project are available in 39320806 445100 - Division of Buildings. PASSED AYES - 9 NOES — 0 NO 28 REPORT OF BIDS REPAIR TO CITY PAVEMENTS — 2008 GR. #684 In obtaining these bids for the above mentioned project, I have asked for unit price coveting the various items of work and material which will be performed. The final cost of the work will be based on the actual measured quantities of materials entering into the work and may be either more or less than the total bid. The following bids were received: Base Bid Thomann Asphalt Paving Co., Inc. $91,850.00 56 Ganville Road, Lancaster, NY 14086 Surianello General Concrete Contractors, Inc. $257,832.50 635 Wyoming Avenue, Buffalo, NY 14215 1 hereby certify that the low bidder for the above project is Thomann Asphalt Co., Inc. I respectfully recommend that your Honorable Body authorize a contract award in the amount of $ $91,850.00. Funds for this work are available in Capital Project Account #30310306 - 445100. The engineer's estimate for this work is $115,000.00. The attached is certified to be a true and correct statement of the bid received. Under provisions of the General Municipal Law, any of the bidders may withdraw his bid if an award of the contract is not made by June 15 2008. Individual bid submissions are available in our office for inspection and copies are available upon request. Mr. Fontana moved: That the above communication from the Acting Commissioner of Public Works, Parks and Streets dated May 6, 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 City Pavements - 2008, Group #684 to Thomann Asphalt Paving Co., Inc., the lowest responsible bidder, in the amount of $91,850.00. Funds for the project are available in Capital Project Account #30310306 - 445100. PASSED AYES - 9 NOES - 0 NO 29 ITEM NO. 127; C.C.P. 04/15/08 DEPTS & BURA TO SUBMIT TRAVEL EXPENSES FROM 7/2006" In response to your request of April 16, 2008 1 have attached a copy of a letter stating the details of the one -day travel to New York City by myself and the City Engineer, David Hornung in February 2008. In addition, I have also attached an itemized exhibit which lists all expenses incurred under Item No. 1, entitled: Travel, Lodgins and Subsistence. The above expenses are the only travel expenses that have occurred by any employee of the Department of Public Works, Parks and Streets since July of 2006. If you should have any questions or should require additional information, please contact me at 851 -5636. REFERRED TO THE COMMITTEE ON FINANCE FROM THE COMMISSIONER OF POLICE NO 30 USE OF PORTION OF R.O.W, OF N. DIVISION STREET BETWEEN OAK AND ELLICOTT The Niagara Frontier Transportation Authority has requested permission to utilize the City right of way on North Division Street between Oak and Ellicott for parking of authorized vehicles and reserved taxi stands. The area is located on the North Side of North Division Street and contains sufficient parking for nine vehicles within a curb cut parallel to the front of the NFTA Bus Terminal. The portion of North Division between Oak and Ellicott would remain open to thru traffic, but the parking lane within the curb cut would be restricted to Niagara Frontier Transportation Authority functions and uses. The area reserved for these uses would be approximately 8' x 200' (1,600 square feet). The Department of Public Works, Parks and Streets has reviewed the request of the NFTA pursuant to Chapter 413 -67 (Encroachment Regulations) of the City Charter and has no objection to the proposed encroachment and proposed usage as it will have no impacts on traffic flow or safety on this street segment. Therefore, the Department of Public Works, Parks and Streets has no objection to Your Honorable Body authorizing the Commissioner to issue a "Mere License" for the use of the City Right of Way for NFTA purposes for the use of the City Right of Way, as above described for its purposes, provided the following conditions are met: 1. That the applicant obtain any and all other required City of Buffalo permits. 2. That the applicant shall be responsible for maintenance of the parking area within the City right of way. 3. That the applicant be charged any fee established for similar situations where in City right of way is utilized as a parking area. 4. That, in the event the Commissioner of Public Works, Parks and Streets determines the encroachment must cease as a result of factors effecting the health, safety and welfare of the public, or the needs of the City, said Commissioner may order the immediate removal of the encroachment as described in Chapter 413 -67(F) of the City Charter. 5. That the applicant sully the Department of Public Works, Parks and Streets with a Certificate of Insurance, in an amount deemed sufficient by Corporation Counsel, which will indemnify and save harmless the City of Buffalo against ally and all loss or damage arising out of the construction, maintenance, use, or removal of said area. REFERRED TO THE COMMITTEE ON LEGISLATION NO 31 RE: ITEM #113 CCP APRIL 29, 2008 `THE NEED FOR A GREATER POLICE PRESENCE IN THE CITY OF BUFFALO" Thank you for requesting our Department's comments on the aforementioned matter. Please be advised that our Department shares your concern for the citizens' valid complaints referenced in your Resolution. To the extent that our manpower allows, we do increase patrols city -wide. Based upon your Resolution, our Department will increase patrols in the North District as much as possible, within the limits of our budget and manpower resources. REFERRED TO THE COMMITTEE ON LEGISLATION FROM THE COMMISSIONER OF FIRE NO 32 TRAVEL INFO The attached is in response to the travel information requested by the Common Council (Res. #127,CCP Apr 15, 2008). REFERRED TO THE COMMITTEE ON FINANCE FROM THE CORPORATION COUNSEL NO. 33 REQ CITY DEPTS & BURA TO SUBMIT TRAVEL EXPENSES FROM 7/1/2006 TO PRESENT ITEM NO. 27, C.C.P. 04/15/08) In response to your Honorable Body's request for information on travel expenses incurred by the Department of Law from July 1, 2006 until the present, I offer the following for your review: Generally, Department of Law staff receives an automobile allowance reimbursement pursuant to Article XVI of the Collective Bargaining Agreement between the City of Buffalo and AFSCME Local 650. Departmental staff is reimbursed for the use of their personal vehicles in the performance of their job duties: i.e. claims investigation, service of process, oral argument before the Supreme Court, Appellate Division - 4 h Department, the Court of Appeals of the State of New York or the Second Circuit Court of Appeals. There is also a limited budget for registration fees for Continuing Legal Education (CLE) courses determined by the Department Head to be particularly germane to the practice of municipal attorneys. The Department's total travel budget for 2006 -2007 was One Thousand Three Hundred and Seventy Dollars ($1,370.00). The amount actually spent was Three Hundred Eighty -Nine Dollars and Thirty -One Cents ($389.31), which is broken down as follows: Transportation Meals and Lodging Dues -NYS Public Employer Labor Relations Assoc. Conference Registration for Eileen Fleming The Department's total travel budget for 2007 -2008 was Three Thousand One Hundred and Twenty Dollars ($3,120). The amount actually spent was Two Hundred and Ninety -Four Dollars ($294.00), which is broken down as follows: 0.00 Transportation $294.00 Meals and Lodging for Asst. Corp. Counsel Eileen Fleming to attend NYS Public Employer Labor Relations Assoc. Conference $0.00 Dues Thank you for your attention to this matter. REFERRED TO THE COMMITTEE ON FINANCE FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT & INSPECTION SERVICES NO. 34 AWARD BUSINESS PROCESS REDESIGN ENVIRONMENTAL MANAGEMENT ASSOCIATES, INC. Beginning in November 2006, the City of Buffalo's Department of Economic Development, Permit and Inspection Services began an intensive effort to identify the technical and related back office needs of its inspections, permit and licensing staff in order to ensure more efficient service delivery to Buffalo's residents and business owners. The Business Process Redesign of the Inspection Processes Request for Proposal sought to acquire the services of an experienced business process redesign supplier to assist the Department in redesigning its business processes with the goal of replacing its manual paper and pencil -based field data collection process with an automated, real -time solution where the data captured are a byproduct of a new capability that enhances the effectiveness of the Department's inspectors and their chiefs that comprise over 60% of the Department's total staff. The overall result of the Department's modernization program will be streamlined electronic inspection, permit and licensing activity to be made available to City staff that utilize property -based information such as the Departments of Fire, Police, Assessment and Taxation, Citizen Services, the Common Council and Office of Strategic Planning to provide more efficient intra - departmental service delivery. This RFP also calls for the Fire Department's inspectors to have their business practices streamlined into this program so that all relevant City code inspections are included in this modernization process. Modernizing the Department's inspection process will also better facilitate the efficient delivery and communications of Department services to the residents and businesses of Buffalo through enhanced government transparency. Members of the public that utilize real -time Department information will have access to this information through the City's website. This initiative is one of eight major technological projects that the City of Buffalo is undertaking to improve the effectiveness of its employees through the creation of more efficient business processes- The RFP is funded through a New York State Efficiency Grant, which has been awarded to the City of Buffalo and approved by the Buffalo Fiscal Stability Board. The Department of Economic Development, Permit and Inspection Services sought a technology partner who will ensure the success of this business transformation initiative by being responsible for: 1. Tracking the overall project plan status in accordance with the standards established by the Project Management Institute. 2. Mapping the as -is business processes. 3. Identifying current business process gaps. 4. Defining the to -be business process. 5. Documenting the functional design specifications for the new business system. 6. Communicating opportunities to the Chief Information Officer where upgrades to the City's website for public access to real -time inspection data would be cost effective. The Best Value Committee for the Business Process Redesign of the Inspection Processes RFP unanimously recommends awarding Environmental Management Associates Incorporated (EMA) the contract. We respectfully request your Honorable Body approve this contract that will not exceed $348,544. Funds are available for this purpose in account #24310526- 450000. Thank you for your consideration, REFERRED TO THE COMMITTEE ON FINANCE. NO. 35 FOOD STORE LICENSE 3221 BAILEY (UNIVERSITY) 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 3221 Bailey (4 -H Tip Top Enterprises) 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. 36 FOOD STORE LICENSE 882 NORTHLAND (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 882 Northland (O D's Food Mart) and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collections Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION. NO. 37 USED CAR DEALER 2300 NIAGARA (NORTH) Pursuant to Chapter 254 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Used Car Dealer License located at 2300 Niagara St 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 Maged Alkhulaqi. The attached thereto for Maged Alkhulaqi dba /Lacars Auto. 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 May 2, 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 Maged Alkhulaqi d /b /a Lacars Auto located at 2300 Niagara Street. PASSED AYES -9 NOES -0 FROM THE COMMISSIONER OF COMMUNITY SERVICES & RECREATIONAL PROGRAMMING NO. 38 APPROVAL OF SERVICE CONTRACT WITH ERIE REGIONAL HOUSING DEVELOPMENT CORPORATION, BUFFALO LEADER SHAPE AMERICORP PROGRAM Erie Regional Housing Development Corporation- Buffalo LeaderShape AmeriCorps and City of Buffalo, has agreed to a partnership for a one year period, which may be renewed annually. All Erie Regional Housing Development Corporation AmeriCorps members will serve as a member of a Community Immediate Response Team, for a maximum of 6 days /year on weekends and holidays throughout the year. City of Buffalo Department of Community Services agrees to enhance the Americorps members experience and to assist the Erie Regional Housing Development Corporation in tracking the progress of the program. School Partnerships: Corps members will serve as tutors and mentors, coordinate extracurricular activities, and encourage service and leadership opportunities for the student body. By facilitating service and leadership opportunities, members will become an integral part of the students' school experience. After - School and Out -of- School Programs: Members will provide academic support and mentoring in educational after - school and out -of- school programs. One of the most popular extracurricular initiatives is "Camp LeaderShape" a structured full -day, school -based learning and recreation program for young students held during winter and spring vacations. Youth Leadership Corps: Corps members serving on Youth Corps teams will lead elementary, middle, and high school -aged students through social issues curricula that combine teamwork and community service. As a member of one of these teams, they will recruit youth participants and volunteers, plan and lead service projects, and implement lesson plans. Volunteer Engagement: Members will recruit and engage volunteers of all ages in service, developing onetime service project opportunities and creating on -going volunteer opportunities. Physical Service: Throughout the year, teams of corps members organize and carry out service projects in the communities they serve. About once a month, you will join your teammates in a day -long physical a service project, such as turning a vacant lot into a community garden or painting murals to revitalize neighborhoods. Thank you for your immediate attention to the above. REFERRED TO THE COMMITTEE ON FINANCE, FROM THE COMMISSIONER OF HUMAN RESOURCES NO. 39 RESPONSE TRAVEL INFORMATION REQUESTED BY COUNCIL ITEM #127, CCP, 4/15/08, "Req City Depts& BURA to Submit Travel Expenses from 7/2006" In response to the above item attached is information on travel expenses for the Department of Human Resources from 7/1/06 to Present. REFERRED TO THE COMMITTEE ON FINANCE FROM THE CIVIL SERVICE COMMISSION NO. 40 DOCUMENTATION OF MONITORS PAY FOR CIVIL SERVICE EXAMS (HOURLY) In response to your inquiry regarding the above item be advised of the following information (see attached sheet). Entrance -level Police Officer Written Exam $12,397 Entrance Level Firefighter Written Exam 6,220 Entrance -level Police Officer Physical Agility Test (to date - anticipate additional testing) 1,870 Entrance -level Firefighter Agility Test (CPAT) (estimated cost for one test administration, anticipate two 125,440 Police Promotional Written Exams 350 Fire Promotional Written Exams 3,042.50 General Written Exams 145 Performance Test for Truck Driver, Equipment Operator, Heavy Equipment Operator (estimated) 6,000 Consultant II 26,000 REFERRED TO THE COMMITTEE ON CIVIL SERVICE. NO. 41 PUBLIC SAFETY PSYCHOLOGY CONTRACT EXTENSION PSYCHOLOGICAL EVALUATION FOR ENTRY POLICE Attached is an extension to the contract with Public Safety Psychology, PLLC. This company will conduct psychological evaluations during the entry Police selection process. The original contract expired December 3 i, 2007. A new Police selection process will begin this spring. The extension is needed for use of this service. The costs, not to exceed $28,500.00, will come from our Engineering and Technical Services accounting line. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. NO. 42 INQUIRIES INC CONTRACT EXTENSION - BACKGROUND INVESTIGATION FOR ENTRY POLICE AND FIRE Attached is an extension to the contract with Inquiries, Inc. This company will conduct background investigations during the entry Police and Fire selection processes. The original contract expires August 31, 2008. The Police and Fire selection processes will be in progress, and the services in the original contract will exceed this date. This component is imperative to hiring new Police Officers and Firefighters. The costs, not to exceed $75,000.00, will come from our Engineering and Technical Services accounting line. REFERRED TO THE COMMITTEE ON CIVIL SERVICE. a :IQ ri &9:I=11115d11 WLd44N "I NON - OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON - OFFICIAL COMMUNICATIONS NO. 44 COMMON COUNCIL RESOLUTION "THE NEE— FOR A GREATER POLICE PRESENCE IN THE CITY OF BUFFALO" Dear ,lacqueline Rushton: The University Police Department at Buffalo State College would like to submit the following response to the Common Council Resolution regarding "The Need for a Greater Police Presence in the City of Buffalo ". The University Police Department at Buffalo State College has an excellent working relationship with the Buffalo Police Department. We routinely work with Officers of the Northwest District (D District) involving issues on campus as well as the surrounding community and participate in joint police training. We have established open lines of communication with Buffalo Police Commissioner H. McCarthy Gipson and Buffalo Police Command Staff, The University Police Department regularly meets with Block Clubs and Civic Organizations in our community to assist with quality of life issues such as off - campus parties and graffiti, Buffalo State College and the University Police Department are committed to continuing our excellent relationship with the Buffalo Police Department in support of their efforts in fighting crime in the surrounding community. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 46 MEMORANDUM LP CIMINELLI BOARD PACKET DOCUMENTS MAY 6, 2008 Deputy City Clerk Gerald Chwalinski (3 copies) Regarding Board Packet Documents Attached are the following documents from the Joint Schools Construction Board meeting scheduled on May 5, 2008: 1. Draft Agenda .... 2. Meeting Minutes from JSCB Meeting dated April 7, 2008 3. Fully Executed Phase HI Application and Certificate for Payment No. 12 -March 2008 4. Phase HI Application and Certificate for Payment No. 13 - April 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 HI Project - March 2008 7. Inclusion Development Associates, Inc. Construction Contract Compliance Monitoring Monthly Report for Phase IN - March 2008 RECEIVED AND FILED NO. 46 B. DAVIS -M. HWANG -INFO HOUSING UNITS The information requested is; Total number of HOZO unit (Home Ownership Units) - 218 units Low Income Units - 115 units Higher than 80% of median income - 103 units Total number of multi unit rental housing (more than 5 units) - 1,315 units 1,315 units include all the units funded by all different kind of funding source including HOME. If you have any question, you can reach me at 851 -5167. Thanks REFERRED TO THE COMMITTEE ON LEGISLATION NO. 47 B. DAVIS LEGAL SERVICES FOR THE ELDERLY 2007 ANNUAL REPORT Dear Mr. Chwalinski: Please file the attached item for further discussion at the next Common Council session to be held Tuesday, May 13, 2008. Thank you in advance for your assistance with this matter. Dear Council Member Davis: Enclosed please find a copy of our annual report for 2007. 1 hope you enjoy reading about the work we were able to accomplish last year. Although I have redacted names for reasons of confidentiality, all the cases I describe were actual clients of the office in 2007. Thanks again for your support. RECEIVED AND FILED NO. 48 NO. 43 LIQUOR LICENSE APPLICATIONS Liquor License Applications Attached hereto are communications from persons applying for liquor licenses from the Erie County Alcohol Beverage Control Board. Address Business Name Owners Name 228 Franklin St 228 Franklin St John E. Dobbertin 1603 Broadway 1603 Broadway Angelo Fiorello RECEIVED AND FILED NON - OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON - OFFICIAL COMMUNICATIONS NO. 44 COMMON COUNCIL RESOLUTION "THE NEE— FOR A GREATER POLICE PRESENCE IN THE CITY OF BUFFALO" Dear ,lacqueline Rushton: The University Police Department at Buffalo State College would like to submit the following response to the Common Council Resolution regarding "The Need for a Greater Police Presence in the City of Buffalo ". The University Police Department at Buffalo State College has an excellent working relationship with the Buffalo Police Department. We routinely work with Officers of the Northwest District (D District) involving issues on campus as well as the surrounding community and participate in joint police training. We have established open lines of communication with Buffalo Police Commissioner H. McCarthy Gipson and Buffalo Police Command Staff, The University Police Department regularly meets with Block Clubs and Civic Organizations in our community to assist with quality of life issues such as off - campus parties and graffiti, Buffalo State College and the University Police Department are committed to continuing our excellent relationship with the Buffalo Police Department in support of their efforts in fighting crime in the surrounding community. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 46 MEMORANDUM LP CIMINELLI BOARD PACKET DOCUMENTS MAY 6, 2008 Deputy City Clerk Gerald Chwalinski (3 copies) Regarding Board Packet Documents Attached are the following documents from the Joint Schools Construction Board meeting scheduled on May 5, 2008: 1. Draft Agenda .... 2. Meeting Minutes from JSCB Meeting dated April 7, 2008 3. Fully Executed Phase HI Application and Certificate for Payment No. 12 -March 2008 4. Phase HI Application and Certificate for Payment No. 13 - April 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 HI Project - March 2008 7. Inclusion Development Associates, Inc. Construction Contract Compliance Monitoring Monthly Report for Phase IN - March 2008 RECEIVED AND FILED NO. 46 B. DAVIS -M. HWANG -INFO HOUSING UNITS The information requested is; Total number of HOZO unit (Home Ownership Units) - 218 units Low Income Units - 115 units Higher than 80% of median income - 103 units Total number of multi unit rental housing (more than 5 units) - 1,315 units 1,315 units include all the units funded by all different kind of funding source including HOME. If you have any question, you can reach me at 851 -5167. Thanks REFERRED TO THE COMMITTEE ON LEGISLATION NO. 47 B. DAVIS LEGAL SERVICES FOR THE ELDERLY 2007 ANNUAL REPORT Dear Mr. Chwalinski: Please file the attached item for further discussion at the next Common Council session to be held Tuesday, May 13, 2008. Thank you in advance for your assistance with this matter. Dear Council Member Davis: Enclosed please find a copy of our annual report for 2007. 1 hope you enjoy reading about the work we were able to accomplish last year. Although I have redacted names for reasons of confidentiality, all the cases I describe were actual clients of the office in 2007. Thanks again for your support. RECEIVED AND FILED NO. 48 RESPONSE LETTER FROM BUFFALO FISCAL STABILITY AUTHORITY Dear Mr. Chwalinski: Please file the attached item for further discussion at the next Common Council session to be held Tuesday, May 13, 2008. Thank you in advance for your assistance with this matter. BUFFALO FISCAL STABILITY AUTHORIT— Dear Comptroller DiNapoli: This letter is in reference to the attached letter, which was apparently sent to you by Senator Antoine Thompson, a copy of which we obtained from papers filed for today's City of Buffalo Common Council meeting. Naturally, we would welcome your staff to audit the books of the Buffalo Fiscal Stability Authority (BFSA) at any time. However, we would like to make a few points relative to the BFSA, since we are at a loss concerning the issues raised in Senator Thompson's letter. BFSA engages an independent auditor to audit our year end numbers and has received an unqualified opinion since BFSA's inception in 2003. BFSA is a component unit of the City of Buffalo and as such our audited numbers are included in the City's Government wide financial statements in their Comprehensive Annual Financial Report. As required by NYS Public Authority laws and NYS Comptroller's regulations copies of our audit are provided to your office. Additionally, our Annual Report and many other reports are sent to your office, the Division of Budget in the Governor's office, the Senate Finance Office and the Assembly Ways and Means Committee. BFSA has the following sources of funding which are all forwarded to the City subject to the deductions discussed below. BFSA receives directly from your office all sales taxes for the City of Buffalo and Buffalo School District, as well as all State Aid to the City of Buffalo and we generate investment earnings on funds we retain for debt service or operating expenses. Investment earnings are transferred periodically to the City Comptroller. Sales Taxes. Upon receipt of these funds, we retain City of Buffalo sales tax funds needed to pay BFSA debt service and operating expenses, as required by the BFSA legislation. The balance is forwarded to the City and the School District on the same day Market Arcade Building, 617 Main Street, Suite 400 Buffalo, New York 14203 (716) 853 -0907 / (716) 853 -9052 (fax) www.bfsa.state.ny.us Enclosures: the funds are received. An advice of distribution is sent to the City and the School District each time funds are transferred. Additionally we report on a monthly basis all funds received and disbursed during the month, including investment earnings. Attached are copies of such reports. State Aid. The process for State Aid funds for the City is similar to that for Sales Taxes. Upon receipt of State Aid, we retain any debt service requirements (usually related to cash flow borrowings on behalf of the City) and forward the remainder to the City on the same day. The only exception to this process has to do with AIM funds. BFSA notifies the City the day before receipt of the funds and, per legislation, we require that the City request and BFSA approve the use of these funds prior to disbursement. This process has been working well over the past year and our Board of Directors reviews and approves all disbursements of AIM funds to the City. I hope this information is of assistance to you and your staff. If you have any questions please do not hesitate to call me or Bertha H. Mitchell, our Chief Financial Officer. REFERRED TO THE COMMITTEE ON FINANCE NO. 49 B. DAVIS -TAXI STANDS AT 181 ELLICOTT Dear Mr. Chwalinski: Please file the attached item for further discussion at the next Common Council session to be held Tuesday, May 13, 2007. Thank you in advance for your assistance with this matter. Sincerely, Brian C. Davis Ellicott District Councilmember Dear Council Member Davis, As you requested I have attached several incident reports that were a result of inappropriate behavior by the independent Taxi operators that do business at 181 Ellicott. These were violations that warranted suspensions. Our Transit Police handle the day -to -day complaints and will be willing to sit with you to discuss the problems generated by the Taxi operators. Date: Re: 2/25/07 Incident - Fighting on NFTA property On February 25, 2007 you were involved in a physical altercation with another Taxi driver. The altercation required Transit Authority Police to fill out a police report naming you and Khalil Alkenani as being involved in a physical altercation resulting in injuries. The TAPD had to remove both of you from the property. This type of behavior is a direct violation of the NFTA zero tolerance policy. Per the rules and regulations at 181 Ellicott and the authority given this office by the Taxi License bureau at City Hall you will be suspended from doing business at 181 Ellicott for a period of 30 days, to begin on February 27, 2007 and ending on March 28, 2007. The suspension will be enforced by the NFTA police. Further misconduct may result in termination of service at 181 Ellicott and a formal complaint to the Taxi License Bureau. - 129Attached are the rules and regulations that all taxi drivers follow at Igl Ellicott and a copy of the Police . report Re: 2/25/07 Incident - Fighting on NFTA property On February 25, 2007 you were involved in a physical altercation with another Taxi driver. The altercation required Transit Authority Police to fill out a police report naming you and Koullid Ido as being involved in a physical altercation resulting in injuries. The TAPD had to remove both of you from the property. This type of behavior is a direct violation of the NFTA zero tolerance policy. Per the rules and regulations at 181 Ellicott and the authority given this office by the Taxi License bureau at City Hall you will be suspended from doing business at 181 Ellieott for a period of 30 days, to begin on February 27, 2007 and ending on March 28,2007. The suspension wil! be enforced by the NFTA police. Further misconduct may result in termination of service at ] 81 Ellicott and a formal complaint to the Taxi License Bureau. Attached are the rules and regulations that all taxi drivers follow at 181 Ellicott and a copy of the Police report. Al Randaccio Facility Manager REFERRED TO THE COMMITTEE ON LEGISLATION NO. 50 P. DRAGO- BUFFALO CASINO REVENUE Jacqueline E. Rushton Senior Legislative Assistant Common Council of Buffalo 65 Niagara Square, 1413 City Hall Buffalo, NY 14202 -3318 Dear Ms. Rushton: Govenor Paterson has asked me to thank you for sending us the resolution recently passed by the Buffalo Common Council about the host community share of the Buffalo Creek Casino revenue. Your correspondence has been forwarded to the appropriate members of our staff. I am sure it will be of interest to them. Please be assured that we will keep the Council's comments in mind during any discussions we may have on this matter. Once again, thank you for writing. RECEIVED AND FILED NO. 51 F. BONA AIRPORT TAXI SERVICE REQUEST TAXI METER INCREASE Joseph Golombek, Jr. Chairman, Taxi and Lima Commission 65 Niagara Square, Room 1502 Buffalo, NY 14202 Dear Councilman Golombek: Thank you for the opportunity to meet with you and your staff last week. We at Airport Taxi Service wish to express our appreciation at your continuing open door policy and your willingness to take time from your schedule to address the problems facing the taxicab industry in Buffalo and Western New York. As you know, since the last metered fare increase granted by the Common Council in 2005, the cost of gasoline has in effect doubled, from approximately $1.85 per gallon to roughly $3.75 today. What is especially concerning is the likelihood of further increases as the summer driving season approaches, exacerbating an already critical situation. The recent and dramatic upward spiral in the cost of fuel has placed a virtual stranglehold on all of us in the taxicab industry. Gasoline is our single largest expense, and, coupled with the other rising expenses attendant to the industry, such as liability insurance and vehicle repairs, to name a few, our profit margin has shrunk to such an extent that many drivers are abandoning their businesses, unable to make a decent living despite the investment of longer hours behind the wheel. This development is evident in the unusually large number of City Taxi Licenses which have not yet been renewed. The city of Buffalo, once a thriving taxicab town, is now in danger of losing the convenience of prompt, reliable taxicab service that it has come to take for granted, due primarily to the recent crisis brought about by outrageous fuel costs. Accordingly, we feel compelled to formally request that the Taxi Commission and the Common Council consider granting to our industry a vitally necessary meter rate increase as soon as possible. This is crucial in order to maintain the health of the industry and the continuing availability of taxicab service in the metro Buffalo area. Therefore, we respectfully submit a request that the initial meter rate or "drop" be increased from $2.30 to $3.00 and the mileage rate, the most important component of the fare, increased from $2.40 per mile to $3.60 per mile. Should an increase be granted by the Council, it would be only the second fare increase in eight years. Thank you in advance for your kind consideration of this important matter. We feel that this issue is of the utmost urgency and a timely review by the Council would be met with considerable gratitude on our part. If we can provide the Council any additional data or assist you in any way, please don't hesitate to contact me directly at (716) 583 -2257. REFERRED TO THE COMMITTEE ON LEGISLATION, THE DIVISION OF LICENSES AND THE CORPORATION COUNSEL NO. 52 I. FINKELSHTEIN- STANDARDIZED TAXI RATES - 1119yet :L1LI1-11061:A1FgI[CLI110 Joseph Golombek, Jr. Chairman, Taxi & Limousine Commission c/o City of Buffalo Common Council 65 Niagara Square, Room 1502 Buffalo, NY 14202 Dear Councilman Golombek: We appreciate the opportunity to express our concerns regarding standardized taxi rates for the City of Buffalo. As I am sure that you are aware, the last increase in taxi rates was more than three years ago. In the past three years, the price of gasoline has doubled, minimum wage has increased approximately 40 %, and taxi insurance costs have increased dramatically. As a result of these significant increases in the cost of doing business, our industry is losing a large number of professional taxicab drivers. Our goal is to provide prompt, courteous, reliable and affordable service to our patrons. As part of that effort, we also need to make sure that our drivers are properly compensated for their hard work. Buffalo Transportation respectfully submits a request that the initial load fee be kept the same, $2.30, as a large number of Senior Citizens and low income people utilize taxi services for short distances. We believe an increase in the rate per mile from the current $2.40 per mile to $3.30 per mile is more than justified. In order to decrease the impact on our patrons, we submit that the increments per mile be adjusted to between 1/7 of a mile - 1/10 of a mile. Please don't hesitate to contact me directly at 716 - 444 -2288 if I can provide you with any additional information or suggestions. REFERRED TO THE COMMITTEE ON LEGISLATION DIVISION OF LICENSE CORPORATION COUNSEL NO. 53 M. HENDERSON -UB POLICE DEPT INPUT -RES# 113,4/29/2008 Mr. Gerald Chwalinski City Clerk 1308 City Hail 65 Niagara Square Buffalo, NY 14202 Dear Mr. Chwalinski: Thank you for requesting the University at Buffalo Police Department's input regarding Council Resolution Item # 113 CCP April 29, 2008 "The Need for A Greater Police Presence in the City of Buffalo." The geographical jurisdiction of the University Police is governed by the New York State Criminal Procedure Law (section 1.20) and includes the three campus centers that make up the university (North Campus, South Campus, and Downtown Campus), as well as streets that abut such property. Thus, the University Police cannot make arrests for petty offenses outside of our "geographical area of employment" (the three campuses). Recognizing these jurisdictional constraints and also our shared interest in a safe community, the University at Buffalo Police Department has a Memorandum of Understanding (MOU) with the Buffalo Police Department that covers response protocols and a mutual -aide agreement for both agencies. We are in regular contact with the Buffalo Police on matters of mutual concern and maintain an excellent relationship with the BPD. In fact, UB's Police Chief Gerald Schoenle and Director of Community Relations Vince Clark recently attended a University Heights Community meeting with Commissioner Gipson where they discussed various protocols currently in place. In addition to our existing ongoing collaborations with the Buffalo Police, the university has agreed to actively patrol the perimeters of the South Campus. We have arranged for our investigators to meet with BPD's investigators on a regular basis to exchange intelligence information and to be of mutual assistance. In direct response to feedback from residents of the University Heights and the university community, the UB Police Department recently implemented an extra shift from 7 p.m. to 3 a.m. to make UB patrols even more available to assist in peak times. Finally, the University at Buffalo has recently offered to assist in purchasing surveillance cameras for use in areas surrounding the South Campus. In short, we are committed to assisting the City and the Buffalo Police Department, while maintaining the safety and security of our campuses. The university has been working diligently to improve resident and student safety in the University Heights neighborhood. A neighborhood- safety task force, led by UB, has been created to address and monitor threats to neighborhood safety. This group is working with community members, the Buffalo Police Department, and Buffalo Mayor Byron Brown to develop strategies to improve safety by the prevention of violence, theft, and other serious crime and the reduction of nuisance crimes, such as vandalism and loud parties, which affect the quality of life of all neighborhood residents. UB's Police Department also has created an early warning notification system designed to make our entire UB community, including on and off - campus students, aware of all crimes and threats including weather advisories. In addition, UB Police have launched a very successful public awareness campaign to make students aware of their vulnerability to automobile break -ins. As part of the initiative, University Police distributed almost 4,000 vehicle - burglary report cards to staff and student vehicles parked in South Campus lots in January and March, With regard to the conduct of UB students, the university expects each and every one of our students to be good community citizens -- in keeping with the values of our university -- and the vast majority of our 28,000 students do behave responsibility- To reinforce these expectations of appropriate behavior, UB: Has created a door -to -door education campaign, reaching out to 7,000 residences in the University Heights, to remind students about proper behavior and ways to ensure personal safety. Offers orientation sessions and student information fairs to educate students about off - campus living and good community citizenship and to inform students about UB's "zero tolerance" policy with regard to inappropriate community behavior, Requires students to abide by a university code of conduct or face disciplinary action ranging from mandatory community service to expulsion -- only 5% are repeat offenders. Has launched a "Neighbor -to- Neighbor" program that encourages students, faculty, and staff to offer volunteer service to spruce up rental properties within the neighborhood. Held a living off - campus event in April 2008 to promote good neighbor and safe practices for students moving from the campus. Vince Clark, UB's Director of Community Relations, will contact you within the next week to follow up with you on this communication and to provide any additional information or assistance that you might find useful. It is our common goal to have a safe community in the University Heights neighborhood and throughout the City of Buffalo. We look forward to continuing our collaboration with the Buffalo Police Department and the City of Buffalo in support of that goal. Sincerely, REFERRED TO THE COMMITTEE ON LEGISLATION. NO. 54 M. KEARNS- BUFFALO WATER BOARD MANAGEMENT AGREEMENT Dear Councilmember Kearns: The Buffalo Water Board appreciates the opportunity the Common Council extended to the public to present its comments and concerns with regard to the Management Agreement for the Buffalo water system at the public hearing on April 29, 2008. Commissioner Stepniak and I received helpful information from the Council members and the public. We have already started to work to address those concerns and to develop a plan of action that the Buffalo Water Board may take to improve our management and operations. In the meanwhile, I respectfully request that the Finance Committee recommend approval of the First Amendment to the Management Agreement by and between the Buffalo Water Board and American Water Operations and Maintenance, Inc. ( "AWS ") as has been presented to your honorable body. This First Amendment is critical to the Buffalo Water Board's mission to deliver water service to all of Buffalo's residents, as well as commercial and industrial users of the water system. Since 1997, the Buffalo Water Board and the people of Buffalo have received significant benefits from our agreement with AWS, including professional management of the operation and maintenance of the water system at a reasonable cost to the Buffalo Water Board and to the ratepayers. We are mindful of our obligation as a State public benefit corporation to fulfill our obligations to the public. In addition, the Buffalo Water Board is charged by State law to be self- sufficient and derives its revenues solely from the water rates, fees and charges. The Buffalo Water Board must pay not only for the operation and maintenance of the water system, but also for the capital improvements through bonds that are sold by the Buffalo Municipal Water Finance Authority. Accordingly, we must honor our covenants not only with our ratepayers, but also with our bondholders. Our Management Agreement with AWS enables us to maintain stable and uninterrupted operation and maintenance of the water system. We continue to study ways in which we can fulfill the Water Board's mission. For example, in 2006, Raftellis Financial Consultants ( "RFC ") delivered a report that we commissioned which included an analysis of the Buffalo Water Board water rate structure. This report examined rate equity between customer classes (residential, commercial and industrial) and projected system revenue requirements for the next 5 years. The results of this study were presented to both the Buffalo Water Board and to the Buffalo Common Council. The Buffalo Water Board plans on utilizing the results of this study to continue to promote equity in water rates among customers of the Buffalo Water System. In addition, the Buffalo Water Board charges a late fee for customers that are delinquent, but that late fee is established pursuant to State law and is the same rate as taxpayers of the City of Buffalo pay for unpaid real property taxes. Similarly, the Buffalo Water Board pays a commission for the collection of delinquent charges, however this has been the same rate as before AWS was engaged in 1997. It is also the same rate as was set through the Buffalo Comptroller's Office after competitive bids were received from collection agencies before 1997. The Buffalo Water Board looks forward to working cooperatively with the Buffalo Common Council and the administration in the future to fulfill its mission to the people of Buffalo. Accordingly, we respectfully request that the Finance Committee recommend the approval of the First Amendment to the Management Agreement and that the Common Council promptly approve this Amendment as soon as possible. Thank you for your consideration. Very truly yours, REFERRED TO THE COMMITTEE ON FINANCE NO. 55 M. KEARNS LETTER FROM COUNCIL MEMBER KEARNS TO THE CHAIRPERSON OF THE BUFFALO WATER BOARD Dear Mr. Chwalinski, Please file the attached documents for the upcoming Common Council Gessio to be held on May 13, 2008. Thank you in advance for your assistance in this matter. Mr. McFoy: As discussed in a meeting with Charles Matorana on 05/01/08, 1 am writing to inform you that the Common Council harbors concerns regarding the First Amendment ( "Amendment Agreement ") to the Management Agreement between the Buffalo Water Board and American Water Services Operations & Maintenance, Inc. ( "AWS ") that was approved at the 01/09/08 meeting of the Buffalo Water Board. In particular, the Common Council seeks additional information in regards to the provisions of Paragraph 3 of the Amendment Agreement, Paragraph 7 of the Amendment Agreement, Paragraph I I(c) of the Amendment Agreement and Paragraph 12 of the Amendment Agreement. Pursuant to Paragraph 3 of the Amendment Agreement, Section 2.7(d) would be deleted in its entirety from the Management Agreement and replaced with language stating that, amongst other things, "AWS shall not be required to spend more than One Hundred Twenty Thousand dollars ($120,000) for the purchase or lease of Vehicles in any Contract Year." The Common Council requests clarification in regards to: Why would a $120,000 "ceiling" be set, but no "floor," for the amount of money that AWS will spend for the purchase or lease of Vehicles per Contract Year? Pursuant to Paragraph 7 of the Amendment Agreement, Section 6.37 would be added to Article 6 of the Management Agreement which states in relevant part that "AWS shall use reasonable efforts to hire and employ one or more students residing in the City of Buffalo... The total cost to AWS for all students hired pursuant to this section shall not exceed thirty thousand dollars ($30,000) per Contract Year. Student(s) shall be selected after consultation with and subject to the approval of the Representative." The Common Council requests clarification in regards to: Why would a $30,000 "ceiling" be set, but no "floor," for the amount of money that AWS will spend per Contract Year to hire student(s)? Who would the Representative be that will be responsible for approving how much of the $30,000 will be spent, how many student(s) will be hired and which student(s) will be hired by AWS per Contract Year? Would the City or the Common Council be consulted when the Representative makes decisions regarding the hiring of students? Section 6.38 would also be added to Article 6 of the Management Agreement pursuant to Paragraph 7 of the Amendment Agreement. This section states in relevant part that "In addition to AWS staffing requirements... AWS shall hire a full -time employee or retain a full - time independent contractor who shall be assigned to assist with the management of the system." The Common Council requests clarification in regards to: Why would it be necessary for AWS to hire a full time employee or retain a full -time independent contractor to assist with the management of the Buffalo Water System? Apart from "assist[ing] with the management of the system," what would the specific responsibilities of this full -time employee or independent contractor be? Section 6.39 would additionally be added to Article 6 of the Management Agreement pursuant to Paragraph 7 of the Amendment Agreement. This section states in relevant part that "AWS shall provide financial support to one or more community benefit programs in the City of Buffalo at an aggregate cost to AWS not to exceed thirty thousand dollars ($30,000) ... which may include supporting community youth group programs, directly or indirectly providing one -year college scholarships to youths residing in the City of Buffalo or providing schools and /or neighborhood associations in the City of Buffalo with financial support for neighborhood improvement projects." The Common Council desires clarification in regards to: Why would a $30,000 "ceiling" be set, but no "floor," for the amount of money that AWS will provide each Contract Year to one or more community benefit programs? Who would be responsible for deciding how much of the $30,000 set aside will be spent, how many community benefit programs will be funded and which community benefit programs will be funded by AWS per Contract Year? Would the City or the Common Council be consulted when decisions are made regarding funding of community benefit programs? Paragraph I I(c) of the Amendment Agreement states that "Within 30 days of the effective date of this Amendment, AWS will commence consultation with the Water Board and Sewer Authority to indentify procedures and guidelines which address the issues raised in the audit: of the New York State Office of the State Comptroller dated November 2007." The Common Council desires clarification in regards to: When did the Water Board filed this audit with the City Clerk for review by the Common Council? Paragraph !2 of the Amendment Agreement states that "AWS shall develop and recommend to the Water Board and Sewer Authority suggested revisions to the procedures for collection so as to charge interest to delinquent' customer accounts in accordance with Water Board regulations and Sewer Board Schedule of sewer rents. AWS shall recommend a plan to upgrade its Oasis Billing System in order to undertake any revisions to procedures suggested pursuant to this paragraph." The Common Council desires clarification in regards to: Why, when a Public Hearing was recently conducted by the Common Council in which a large number of residents voiced complaints in regards to the calculation of arrearages on their water bills, would Paragraph 12 be included in the Amendment Agreement when it appears to confirm that problems exist with the application of interest on water bill arrearages? The Common Council appreciates your immediate attention to this matter. Please feel free to contact me at 851 -5161 if you have any questions in regard to this request. Sincerely, REFERRED TO THE COMMITTEE ON FINANCE NO. 66 M. KEARNS- COMMON COUNCIL APPROVAL OF THE AMENDMENT AGREEMENT BETWEEN THE BUFFALO WATER BOARD AND AMERICAN WATER SERVICES OPERATIONS & MAINTENANCE, INC. Mr. McFoy: The Buffalo Common Council has been asked to approve an amendment that, among other things, would extend the Management Agreement between AWS and the Buffalo Water Board for an additional two years. As you are aware, the current Management Agreement is set to expire on July 1, 2008. Many have expressed serious concern regarding the way in which the Buffalo Water System is currently being managed. Numerous ratepayers have contacted Members of the Common Council to urge us to withhold our approval of this Amendment Agreement, or alternatively, to extend the Management Agreement for a shorter duration than the two years presently stipulated. Common Council Members are advocates of the residents of the City of Buffalo and have a duty to address these concerns and protect the interests of City residents. To this end, the Common Council respectfully requests that the Buffalo Water Board commit to enacting two initiatives in conjunction with Common Council approval of the Water System Operating Agreement extension: 1. Implementation of a Ratepayer Bill of Rights similar to the enclosure attached hereto 2. Insertion of a new paragraph in the Amendment Agreement that reaffirms the requirement that the water service provider, American Water Services, track, monitor and report monthly, all customer service complaints. The existing Management Agreement in Appendix C, Section B, Paragraph 1, Parts n and p, already mandates submission of "[c]omplaints received and how they were addressed" and "[c]ustomer service issues and discussion of performance against established measurements" as part of the Buffalo Water System Monthly Operation's Report for Water Quality Issues, however this information has not appeared as stipulated in Management Agreement. These actions will hopefully allay many of the concerns of those who oppose extension of the Management Agreement and increase public confidence in both the Buffalo Water Board and the current management of the Buffalo Water System. On behalf of the Members of the Common Council, we thank you for your continuing attention to this matter. Please feel free to contact me at 851 -5161 if you have any questions regarding the above. ADOPTED NO. 57 M. KEARNS —J HEFFRON OPINION -ROOF REPLACEMENT INCENTIVE PROGRAM Move Back to Buffalo Incentive Program and Roof Replacement Homeowner /Neighborhood Investment Stabilization Program (South District) I would like to file the attached information for the next Common Council meeting to be held on May 13, 2008. Dear Ms. Mongold: You've recently requested that the City of Buffalo Law Department render a legal opinion as to the above referenced programs generally and as to the question of whether or not a transfer of funds by the City to The City of Buffalo Urban Renewal Agency ( ".BURA ") for purposes of funding either or both of the above referenced programs m a violation of the New York State Constitution's prohibition against gifts of public property (or funds) (Article VIII, Section I of the State Constitution). The City of Buffalo Law Department is of the firm opinion that neither the fund transfer by the City to BURA nor the BURA acceptance of funds and implementation of the two above referenced programs are violation of the State Constitutional prohibition against gifts of public property. Move Back To Buffalo Housing Incentive Program The Move Back To Buffalo Housing Incentive Program is specifically designed as a necessary measure to facilitate and implement the City of Buffalo's legitimate interest and responsibility to promote City -wide residential neighborhood stabilization while at the same time incentivizing both new and current Buffalo Police Officers, Buffalo Firefighters and Buffalo Teachers to relocate /reside in the City of Buffalo. The Move Back To Buffalo program, briefly described, is designed to incentive the residential relocation of Police Officers, Firefighters and Teachers to the City of Buffalo through an incentive program aimed at making urban residential homeownership and City living a viable and attractive alternative to suburban living for these individuals by recognizing and addressing the practical and financial challenges these individuals face in such a relocation. The Move Back To Buffalo program provides an incentive in the form of down payment assistance and or reimbursement of up to between $7,500 to $10,000 in the aggregate for relocation /moving /housing related expenses associated with a permanent relocation of Buffalo Police Officers, Buffalo Firefighters and Buffalo Teachers into City neighborhoods. The Move Back To Buffalo Program is based upon a clear program outline and is fairly and appropriately administered by BURA via a formalized and established uniform written application and sound follow -up documentation process. The commitment of individuals to stay in the City homes to which they relocate with program assistance is confirmed, monitored and enforced by way of a uniform five year Grant Enforcement Demand Note and Mortgage (the "Mortgage "). The Mortgage is recorded against the respective home in the Erie County Clerk's Office and in effect operates as a fail safe measure which would "claw- back" the monetary incentives in the event the relocated City resident falls to abide by program requirements that they actually reside in the home for at least five years. The City's Office of Strategic Planning and BURA staff have made findings to the effect that the positive influence of responsible homeownership that is fostered by the Move Back To Buffalo program and similar such programs further the legitimate municipal obligations, purpose and objectives of stabilizing neighborhoods, growing the tax base, increasing general homeowner /neighborhood confidence, act as a catalyst for further private investment in homeownership in the affected neighborhoods and in general provides a fulfillment of a primary and legitimate municipal purpose in proactively doing something public in character and necessary for the common good and general welfare of the people of the City of Buffalo. In the case of the Move Back To Buffalo program, the public benefit Of incentivizing highly trained Buffalo Police Officers, Firefighters and Teachers to permanently relocate to the City of Buffalo in this manner and under the guidelines and safeguards involved in this specific program is very dear. Any private benefit under the program is merely a byproduct of or otherwise merely incidental to the public benefit. Roof Replacement Homeowner /neighborhood Investment Incentive Stabilization Program (South District) The Roof Replacement Homeowner /Neighborhood Investment Incentive Stabilization Program (South District) (the "Roof Program ") is specifically designed as a necessary measure to facilitate and implement the City of Buffalo's legitimate interest, responsibility and objective to promote residential neighborhood stabilization while at the same time incentivizing actual homeowner private investment in upgrading the City's precious but aging housing stock. Equally important is the fact that the replaced roofs will be safer for Buffalo Firefighters in the performance of their duties in the event that their firefighting services are called upon at homes where roofs have been replaced. The Roof Program is being started in the South District utilizing approximately $75,000 of funds originating from the City's general fund. The Roof Program will be administered though BURA and then possibly eventually expand into other districts of the City of Buffalo after a successful $75,000 start -up program has gotten off the ground in the South District. The Roof Program, more specifically but briefly described, is designed to .incentive, foster and ensure residential neighborhood stabilization by providing the empetus for roof tear -offs and roof replacements which are crucial to preserving the City's precious but aging housing stock. The Roof Program plan is to assist up to 70 homeowners in the amount of up to $1,000.00 each on a first come first serve basis to be applied on a reimbursement after the fact basis towards the cost of expensive roof tear offs /replacements as opposed to and distinguished from roof cover -ups. The City Office of Strategic Planning or BURA is expected receive an administrative fee of up to 5% to 10% of the $75,000 in Roof Program funding. The Roof Program, like the Move Back To Buffalo Program, is based upon a clear program outline and is to be fairly and appropriately administered via a formalized and established uniform written application and sound follow -up documentation process. The City's Office of Strategic Planning and BURA staff have made findings to the effect that roofing repair is a key component to preserving Buffalo's housing stock and that incentivizing homeowner investment in roofing repair as fostered under a program such as the Roof Program and familiar with such programs will further promote realization of the City's legitimate municipal obligation, purpose and objectives of stabilizing neighborhoods, growing the tax base, increasing general homeowner /neighborhood confidence, act as a catalyst for further private investment in homeownership in the affected neighborhoods, and in general provide a fulfillment of a primary and legitimate municipal purpose and objective in proactively doing something public in character and necessary for the common good and general welfare of the people of the City of Buffalo. In the case of the Roof Program, the public benefit of incentivizing necessary measures to preserve the City's housing stock in the manner and under the guidelines and safeguards being established and involved in this specific program is very clear. Any private benefit under the program is merely a byproduct of or otherwise incidental to the public benefit. The above fact specific inquiry into each of the two individual programs addressed in this opinion and application of these facts, viewed in relation to the cited administrative findings and the City's legitimate purpose, goal and achievable objectives in residential neighborhood stabilization and preservation of the City's housing stock inescapably lead to the legal opinion and conclusion that City funding to BURA for implementation of the programs described in this opinion is not violative of the prohibition against gifts of public funds but instead are each legitimate effectuations of the City's municipal purpose, obligation and objective to stabilize residential neighborhoods for the common good and general welfare of the people of the City of Buffalo. Any private benefit under either program is merely a byproduct or otherwise incidental to the clear public purpose of each program. In summary, the Move Back To Buffalo Program and the Roof Program are programs of a type which are clearly and generally recognized in case law and New York State Attorney General opinions as appropriate methods of promoting legitimate municipal purposes and objectives sufficient to satisfy legal requirements and are not violations of the New York State Constitution's prohibition against the gift of public property (or funds). REFERRED TO THE COMMITTEE ON FINANCE NO. 58 M. LOCURTO- PARTNERSHIP FOR THE PUBLIC GOOD STATEMENT ON 2008 -2009 BUDGET Dear Mr. Chwalinski: Please file the attached item for further discussion at the next Common Council session to be held May 13, 2008. Thank you in advance for your assistance in this matter. Statement on 2008 -2009 Budgets and Four -Year Plans May 5, 2008 Introduction The Partnership for the Public Good (PPG) does research and advocacy for the community -based revitalization of Buffalo. Endorsed by 38 local organizations, PPG's principles and its 2008 platform focus on problems such as poverty, inequality, and pollution, on assets such as diversity, historic neighborhoods, and natural resources, and on solutions that bring greater accountability and democracy to local government. Based on those principles and platform, we offer the following comments, including calls for: Greater public input in the budget process; More funding for the targeted preservation, renovation, weatherization, demolition, and deconstruction of Buffalo's abandoned and at -risk housing; A comprehensive approach to greening Buffalo; The centralizing and reform of City contracting procedures; and The creation of an Office of New Buffalonians; A living wage policy for the Buffalo Public School District. Context Due to forces largely out of its control, Buffalo has limited fiscal resources. Our state and federal governments have systematically disfavored cities, especially older industrial cities. In discussing Buffalo's fiscal and economic problems, people often neglect these federal and state policies and mistakenly blame local governments and their employees. The imposition of the control board was surrounded by this type of rhetoric. The facts, however, tell a different story. The facts say that the state and federal governments have starved cities while encouraging wasteful sprawl - subsidizing roads, sewers, waterlines, schools, and business development farther and farther outside the city. The facts say that Buffalo's fiscal "crisis" was artificially induced by the state, which, after raising local aid regularly for decades to match increasing costs, abruptly froze aid from 2001 to 2004. The facts say that the number of city employees was cut by over 50% from 1972 to 2003. The facts say that Buffalo spends much less per capita on city government than Rochester or Syracuse, and that state aid to Rochester and Syracuse rose more in the last years than aid to Buffalo. Real Reform: a Needs -Based Formula for State Aid Buffalo does not need a control board: an un- elected, unaccountable, state - appointed body with the power to overrule our elected officials. What Buffalo needs from the state are real reforms that focus investment and development in established communities instead of the exurban fringe - reforms that distribute the burdens and benefits of metropolitan life equally. Only if such reforms were made could Buffalo (and other upstate cities) possibly do business without large, and increasing, amounts of state aid. In the meantime, an important first step is to reform the current system of ad hoe, unpredictable, highly - politicized state aid, and replace it with a rational, needs -based formula that would allow Buffalo and other upstate cities to budget prudently and appropriately each year. Comments on the 2008 -2009 Budgets and Four Year Plans Public Input The public lacked meaningful input in the budget process, with only a few days separating the release of the budgets and the public hearing. PPG proposes that our local governments hold publics hearing before the budgets are drafted, and additional public hearings two weeks after the proposed budgets are released but well before they come before a vote. The Housing Abandonment Crisis PPG's 2008 Platform, endorsed by 38 different organizations, calls on the City to: Work with the university and non - profit communities to develop a Regional Real Property Intelligence Network and a strategic, block -by- block housing plan incorporating foreclosure and abandonment prevention, with specific goals for weatherization, green rehab, re -use, demolition, deconstruction, the creative re -use of vacant lots and incorporating job opportunities disadvantaged city residents, including youth. Buffalo faces a crisis of abandoned housing, caused mainly by population loss, poverty, and segregation, but exacerbated by predatory lending, partial foreclosures, fraudulent house flipping, and other exploitative practices. Unfortunately, this crisis feeds on itself: when one house on a block is abandoned, it attracts crime, depresses property values, and encourages other homeowners and investors to abandon their properties. Each abandoned property causes the city direct costs averaging $5,000 per year, with an additional average of $20,000 to demolish it. The problem is getting worse, not better. While Buffalo was spared the worst of the subprime debacle, both tax and mortgage foreclosures have risen sharply in recent years, particularly in Buffalo's most vulnerable neighborhoods. In last year's tax foreclosure auction, the City took title to 1100 properties, the vast majority of which it intends to demolish. The City has succeeded in stepping up the pace of demolitions. It has also taken an important step by contracting for 10 deconstructions this year. Deconstruction, which involves salvaging and reusing as much as possible from a building, causes much less pollution and waste and creates more jobs than demolition. But in order to stop the abandonment spiral, the City needs to do many more demolitions and deconstructions. It also needs a strategic plan to preserve and renovate houses and spare them from the demolition list. Demolishing one of five vacant houses on a block can do very little in and of itself. The City needs a comprehensive, block -by -block approach in which all the housing needs in a small area are addressed at once, so that resident and investor confidence is restored. The Westside Community Collaborative has enjoyed substantial success using this approach, working west from Richmond Avenue; we need to replicate that model city -wide. The City can take some of these steps with existing resources. Most notably, the City can shift CDBG and HOME funds away from stand -alone new construction projects like Sycamore Village (which make little sense in a city with a huge surplus of units) toward tax and mortgage foreclosure prevention, preservation, renovation, and weatherization. Even if those shifts are made, however, a huge gap will remain between the number of houses that need attention and the number that will receive it. The City needs to find more resources, by transferring funds from other sources, by drawing on control board efficiency funds, and by limiting the reduction in property taxes, to address this vicious spiral and all of the threats it poses to the city's residents and tax base . 3 Greening Buffalo One of PPG's 2008 Platform planks is the creation of a sustainability office at City Hall. PPG welcomes Mayor Brown's announcement that the 2008 -2009 Budget includes funding for an environmental office with two staff persons. We note with some caution the news that the staff will be graduate students; it is vital that the City's environmental officers be full -time employees, fully integrated into all the work of the City. We also hope that, as proposed in the PPG platform, the City will honor the commitment it made in the US Mayors Climate Protection Agreement to make and implement a plan to reduce its greenhouse gas emissions 7% by 2012. PPG recently released a report titled "Greening Buffalo: What Local Governments Can Do," with detailed discussion of sustainability offices and projects being done by other cities and recommendations for Buffalo. We hope to work with the City and local environmental groups to pursue the ideas in the report, many of which offer substantial cost savings, as well as environmental benefits, to the city and its residents . 4 Contracting Reform PPG's 2008 Platform calls on the City to "centralize City contracting in one City department and reform contracting procedures to make them more open, impartial and transparent" and to "post information about all City contracts on a publicly accessible website." PPG believes that centralizing contracting and making it more transparent will also save the City money 3 For more information and analysis, please see the PPG report, "An Integrated Approach to Fighting Poverty and Blight" and the PPG response to the City's 2008 -2009 Action Plan, both available at http : / /ppg- buffalo.wikispaces.com. 4 Available at ppg- buffalo.wi kispaces. com and free up money in the budget for other purposes. For example, it seems very questionable whether the City is getting the best possible deal in renting out the Erie Basin Marina and the City Hall cafeteria to Brand -On Services and Brand -On Services II, companies which are owned by an employee in the Public Works Department - the same department that lets the contracts. When the cafeteria contract was renewed last year, it appeared that Public Works had arranged matters so that only Brand -On would bid and that Brand -On would get an extremely favorable deal. If nothing else, the appearance of favoritism undermined confidence in the City's contracting processes - especially given the recent convictions of the former Commissioner and Acting Commissioner of Public Works on corruption charges. Office of New Buffalonians PPG's 2008 Platform calls for the City to work with the County and State to "work together to create a publicly funded Office of New Buffalonians offering comprehensive assistance to refugees and immigrants encouraging them to settle permanently in the Buffalo area." We believe that our immigrants are one of our greatest assets, and that if we help them to settle permanently in the City and find jobs and open businesses, as generations of immigrants have done before them, they will provide one cornerstone for Buffalo's revival. Living Wage Policy for the Schools Included in PPG's 2008 Platform is the call for the Buffalo Public School District to adopt a living wage policy, comparable to the City's, covering all school employees and all the employees of businesses that do over $50,000 worth of business with the District. The District currently employs hundreds of food service workers and bus aides at poverty -level wages. Providing them with a living wage will reduce poverty, reduce reliance on public assistance, improve morale, decrease turnover, and improve the service that they provide to school children. Esther Macklin has worked in food service for the District for five years; she now makes $8.25. On that wage, she is trying to raise her son, a Buffalo public school student. Ms. Macklin reports that she enjoys her work and takes great pride in it. She loves the kids and tries to teach them rules, manners, and respect. She also reports that the work is hard, and that getting by on her income is even harder, forcing her to rely on Medicaid for health insurance and HEAP to pay her heating bills. As she asks, "How can we feel good about ourselves, be happy with the kids when we are not being appreciated? We aren't being shown that we are worth anything other than being a second class citizen." REFERRED TO THE COMMITTEE ON FINANCE NO. 69 A. MACHAMER - CONCEMS -USER FEE, WATER BILLS AND TOTE SIZE Correspondence available for Review in The City Clerk's Office REFERRED TO THE COMMITTEE ON FINANCE NO. 60 A. MAGIERSKI -CKTG TOWN BOARD RESOLUTION - SUPPORT UNIV AT BUFLO UB2020 PROGRAM Dear Gerald Chwalinski: Please be advised that the Town Board, at a meeting held on April 21, 2008 6:45 PM, considered the following resolution(s): Resolution RES- 2008 -236 Support University at Buffalo UB2020 Program Support University at Buffalo UB2020 Program WHEREAS, the University at Buffalo is a member of the prestigious Association of American Universities; and WHEREAS, the University at Buffalo is the largest and most comprehensive campus in the 64- campus State University of New York System; and WHEREAS, the University at Buffalo's has a student body of over 28,000 and employs 11,700 people; and WHEREAS, the University at Buffalo is a comprehensive, research intensive public university dedicated to excellence; and WHEREAS, the University at Buffalo spends more than $267 million annually on research, in search of knowledge that will lead to new cures and therapeutics, faster computers, smarter software, smaller machines and thousands of other life improvements; and WHEREAS the University of Buffalo is re- defining its role as a major public research university with its UB2O20 initiative; and WHEREAS, UB2020 aims to increase the student body to 37,000 and employ 19,781 people in the Buffalo Niagara region; and WHEREAS, UB2020 will increase the economic impact of the university by over $1 billion to over $2.6 billion by the year 2020; and WHEREAS, the University at Buffalo has a comprehensive plan to become one of the top research universities in the country and leader in the world and greatly improve the economy and community in Western New York; and WHEREAS, an affinity group, the UB Believers, has been created to demonstrate community support for the ambitious goals of the University at Buffalo; NOW, THEREFORE, BE IT RESOLVED that the Cheektowaga Town Board supports the goals and spirit of UB2020; AND BE IT FURTHER RESOLVED that Western New York, the State of New York and the Town of Cheektowaga will benefit from the ambitious goals of the University at Buffalo UB2020 Plan; AND BE IT FURTHER RESOLVED that the Cheektowaga Town Board encourages all elected officials and citizens to support the University at Buffalo by learning more about UB2020 and by becoming a "UB Believer" by visiting www.ubbelievers.buffalo.edu. RESULT: ADOPTED [UNANIMOUS] MOVER: Mary Holtz, Supervisor SECONDER: Charles Markel, Councilmember AYES: Holtz, Jaworowicz, Swiatek, Rogowski, Zydel, Markel, Kaznowski RECEIVED AND FILED NO. 61 A. MAGIERSKI -CKTG TOWN BOARD -CALL FOR PUB HRG RE AMENDMENTS TO ZONING DR THROUGH BUSINESS Dear City of Buffalo: Please be advised that the Town Board, at a meeting held on April 21, 2008 6:45 PM, considered the following resolution(s): Resolution RES- 2008 -253 Adopted [Unanimous] Call for Public Hearing on Proposed Amendments to Zoning Law Relating to Drive Through Businesses Town of Cheektowaga Board Meeting of April 21, 2008 RESOLUTION 2008 -253 DOC ID: 2776 Call for Public Hearing on Proposed Amendments to Zoning Law Relating to Drive Through Businesses WHEREAS, by resolution dated January 21, 1992, Local Law No. 1 of the Year 1992 of the Town of Cheektowaga, entitled "A Local Law Relating to Zoning" was adopted, and WHEREAS, the Building Inspections Department and Zoning and Petitions Committee have recommended that this Town Board enact revisions to the Zoning Law to further regulate drive through businesses in the Town, and WHEREAS, a draft of such amendment has been prepared by the Building Inspections Office, NOW, THEREFORE, BE IT RESOLVED, that a public hearing be held on the 5th day of May, 2008 at 7:00 P.M. at the Town Hall, 3301 Broadway, Cheektowaga, New York to consider the advisability of adopting "A Local Law to Amend the Zoning Law Relating to Drive Through Businesses ", and BE IT FURTHER RESOLVED, that the Town Clerk be and hereby is directed to publish the attached Notice of Hearing n the Cheektowa.qa Times, and BE IT FURTHER RESOLVED, that the Town Clerk be and hereby is directed to forward copies of this resolution and the attached Notice of Hearing to the Erie County Department of Environment and Planning, the City of Buffalo, and the Towns of West Seneca, Amherst and Lancaster, and the Villages of Sloan and Depew. NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that, pursuant to the Municipal Home Rule Law of the Sate of New York, a Public Hearing will be held before the Town Board of the Town of Cheektowaga on the 5th day of May, 2008 at 7:00 P.M. at the Town Hall, 3301 Broadway, Cheektowaga, New York to consider and discuss and, if need be, act upon the proposed enactment of Local Law Intro No. 2008 -4 of the Year 2008, entitled "A Local Law to Amend the Zoning Law Relating to Drive Through Businesses ". Following is a synopsis of the proposed Local Law Intro No. 2008 -4: Local Law Intro No. 2008-4 A Local Law to Amend the Zoning Law Relating to Drive Through Businesses A new section, Section 260 -48.2, entitled "Accessory Drive Through Windows ", would be created under the Town Zoning Law to establish design standards and restrictions for accessory drive through windows /facilities for the purpose of controlling the negative impacts associated with such appurtenances A copy of the entire text of such proposed local law is on file in the Town Clerk's Office, where the same may be viewed during regular business hours, Dated: April 21, 2008 BY ORDER OF THE TOWN BOARD OF THE TOWN OF CHEEKTOWAGA, ERIE COUNTY, NEW YORK. RESULT: ADOPTED [UNANIMOUS] MOVER: Mary Holtz, Supervisor SECONDER: James Rogowski, Stanley Kaznowski AYES: Holtz, Jaworowicz, Swiatek, Rogowski, Zydel, Markel, Kaznowski RECEIVED AND FILED NO. 62 C. PALADINO -INFO REGARDING STATEMENTS OF FREE SPEECH Gentlemen: My remark was not racial. It stated a fact. The irresponsible Brian Davis wanted to paint it as racial to spin his community out of their growing distaste for his self - serving special tax benefits and relationship with program workers who were compelled to share their checks with him. I believe Buffalo is still subject to the U.S. Constitution and the First Amendment protects free speech. It also protects the right of Councilpersons to slander citizens on the Council floor. Last Tuesday the Council voted a resolution to censor my true statement concerning the reason that James Williams was hired by the School Board. Under 42USC1983, the Council's resolution violated my First Amendment rights to free speech. I demand that the Council rescind the resolution at its next scheduled meeting or I will litigate the matter. Very truly yours, REFERRED TO THE COMMITTEE ON LEGISLATION. NO. 63 R. PEKARSKI VERIZON WIRELESS BAILEY - CLINTON SITE MERGENHAGEN STREET CITY OF BUFFALO, ERIE COUNTY, N.Y. 14205 To Whom It May Concern: In 2005, the Federal Communications Commission (FCC) revised the Nationwide Programmatic Agreement (NPA) regarding the effects of new telecommunications towers on historic properties as defined in Section 106 of the National Historic Preservation Act (NHPA). Section V of the NPA requires local government notification as part of Section 106 of the National Historic Preservation Act (NHPA), as amended, consultation process for new tower sites. This letter serves as the applicant's written notification to the local government having primary land use jurisdiction where the proposed site is located. Verizon Wireless (Verizon) proposes to build an approximately 110' high monopole -tower at the Bailey- Clinton site in Erie County. Verizon also proposes to build an equipment shelter to house all necessary mechanical and electrical equipment. The site is a paved area for an active commercial property in the City of Buffalo adjacent to Interstate -190 to the north and the intersection of Seneca Street and Bailey Avenue to the southwest. Less than one - half -acre of ground will be disturbed for this project. The project site has been highlighted on the portion of the USGS Buffalo SE Quad Sheet (attached) for your review. In addition, the NPA requires that a written notice be provided to the public of the planned telecommunications tower. Please post a copy of this letter in a public area. Public comments on the proposed tower site may be provided to: Randy Pekarski, (716) 856 -5636 x1189. Please note that this letter is just a notification of Verizon's intentions and that they intend to file for all necessary permits with the City of Buffalo when appropriate. I thank you in advance for your anticipated cooperation. Yours truly, URS CORPORATION REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE DIVISION OF TELECOMMUNICATIONS NO. 64 VERIZON WIRELESS BAILEY 33 SITE 106 COLLINGWOOD AVENUE CITY OF BUFFALO, ERIE COUNTY, N.Y. 14203 To Whom It May Concern: In 2005, the Federal Communications Commission (FCC) revised the Nationwide Programmatic Agreement (NPA) regarding the effects of new telecommunications towers on historic properties as defined in Section 106 of the National Historic Preservation Act (NHPA). Section V of the NPA requires local government notification as part of Section 106 of the National Historic Preservation Act (NHPA), as amended, consultation process for new tower sites. This letter serves as the applicant's written notification to the local government having primary land use jurisdiction where the proposed site is located. Verizon Wireless (Verizon) proposes to collocate two sets of panel antennas to the building at 106 Collingwood Avenue in the City of Buffalo, Erie County, New York. Verizon also proposes to build an equipment shelter to house all necessary mechanical and electrical equipment. Less than one -half acre of ground will be disturbed for this project. The project site has been highlighted on the portion of the USGS Buffalo NE Quad Sheet (attached) for your review. In addition, the NPA requires that a written notice be provided to the public of the planned telecommunications tower. Please post a copy of this letter in a public area. Public comments on the proposed tower site may be provided to: Randy Pekarski, (716) 856 -5636 x1189. Please note that this letter is just a notification of Verizon's intentions and that they intend to file for all necessary permits with the City of Buffalo when appropriate. Thank you in advance for your anticipated cooperation. Yours truly, URS CORPORATION Randy' S, Pekarski Urban Planner REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE DIVISION OF TELECOMMUNICATIONS NO. 66 VERIZON WIRELESS SCOTT STREET SITE 60 MISSISSIPPI STREET CITY OF BUFFALO, ERIE COUNTY, N.Y. 14203 To Whom It May Concern: In 2005, the Federal Communications Commission (FCC) revised the Nationwide Programmatic Agreement (NPA) regarding the effects of new telecommunications towers on historic properties as defined in Section 106 of the National Historic Preservation Act (NHPA). Section V of the NPA requires local government notification as part of Section 106 of the National Historic Preservation Act (NHPA), as amended, consultation process for new tower sites. This letter serves as the applicant's written notification to the local government having primary land use jurisdiction where the proposed site is located. Verizon Wireless (Verizon) proposes to collocate three sets of panel antennas to the building at 60 Mississippi Street in the City of Buffalo, Erie County, New York. Verizon also proposes to build an equipment shelter to house all necessary mechanical and electrical equipment. Less than one -half acre of ground will be disturbed for this project. The project site has been highlighted on the portion of the USGS Buffalo NE Quad Sheet (attached) for your review. In addition, the NPA requires that a written notice be provided to the public of the planned telecommunications tower. Please post a copy of this letter in a public area. Public comments on the proposed tower site may be provided to: Randy Pekarski, (716) 856 -5636 x1189. Please note that this letter is just a notification of Verizon's intentions and that they intend to file for all necessary permits with the City of Buffalo when appropriate. Thank you in advance for your anticipated cooperation. Yours truly, URS CORPORATION REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE DIVISION OF TELECOMMUNICATIONS NO. 66 J.SANDORO CHANGE OF USE - 176 SOUTH DIVISION honorable Council Members: I am submitting this in opposition to a request by Ellicott Group, LLC for a special use permit to convert what has been designated as residential property at 175 South Division to a commercial use. I am a life -long resident of the City of Buffalo, and moved to Myrtle Avenue in the Ellicott District in 1969. 1 am familiar with loss of the residential infrastructure in the area prior to 1964, and the City's successful, but not completed efforts to redevelop a downtown neighborhood in the Willert Park Homeownership Zone. Despite what Ellicott Development might like to use as a distraction, my problem with the attempt to abandon the residential plan for the neighborhood is not about a dispute of personalities, and it is not about commercial competition. It is about protecting the community, and the investment in the surrounding residential properties by my neighbors. This is about keeping a promise to those who invested in this community as to how this property would fit into that process. This is about preserving and building upon the most successful turnaround of a neighborhood that this City has enjoyed. Unfortunately, this is not the first time that Ellicott Group LLC, or its sister entities, has attempted to circumvent the Common Council's adopted land use plans for the area (Zoning, Ellicott housing Plan, Willert Park Homeownership Plan, Queen City Hub Plan or Common Council moratoriums against new surface parking in downtown). The land the redeveloper wants to use as commercial parking has had residential usage since at least ] 896. The redevelopment of the area as a downtown neighborhood bad its first six homes built in 1965 by the Connecticut developer chosen by the Common Council. In 1979 Ellicott Management acquired the six houses developed by Ellicott Sales Housing Corp for the City as the first step in reestablishing residential housing in the downtown neighborhood. In 1991 the City added 41 new built homes to the block Mr. Paladino wants to convert to non - residential use. The new homes were constructed after extensive community involvement to devise a plan which would have the most positive impact on the neighborhood. The review was coordinated by the Ellicott PAC of which I was a part. I believe this was all done as part of the Consolidated Planning Process necessary to allocate CDBG funds. In the summer of 1996 Ellicott evicted the 6 families who lived in the EUicott Homes, and later that year tore down the sound structures. In 1997 Ellicott again attempted to have the residential land use restrictions vacated. Ellicott tried once again to pave over the property in 1999, and again in 2005. Each time the developer sought to circumvent the Common Council's adopted plans the neighborhood invested in, the neighborhood rallied together to protect the community. The neighborhood is mixed income and multi - racial. The cohesion in this area is strong, crime rate is minimal and the area works together as a community. I urge you to consider the neighbors and the promises made to them, and the successes built upon sound planning for the area, and then deny this request for a change of use. I am not asking that this be done for me or for any reason other than that it is the right thing to do for the community and the City as a whole. RECEIVED AND FILED NO 67 ACTION PLAN PROGRESSIVE LEGISLATIVE CAUCUS Please file the attached Action Plan for the Progressive Legislative Caucus of the Common Council of The City of Buffalo for the next Council Meeting. Thank you for your attention to this matter. If there are any questions, comments or concerns please do not hesitate to contact me. 2008 -2009 Action Plan of the Progressive Legislative Caucus of the Common Council —L9 Definition "Legislative caucus" means an organization that is composed exclusively of members of the legislature who organize to advocate or influence legislation that promotes their common goals and interests. The Caucus can elect or appoint officers and recognizes identified legislators as members of the organization. The Caucus exists for research and other support of policy development and interests that the membership hold in common. The term includes an entity established by or for a legislative caucus to conduct research, education, or any other caucus activity. Mission Statement The Progressive Legislative Caucus of the Common Council of the City of Buffalo is a Legislative caucus that is proudly non - partisan and welcomes members regardless of political party affiliation who support the progressive principles outlined in this document. The Progressive Caucus advocates for urban & governmental reform, adequate representation of all citizens, efficient & rational governmental operations, social justice, and community based economies built on diversity and sustainability as well as active participation of citizens in government. The PLCCC is formed due to changing political circumstances that created both the opportunity and the motivation for organizing. The organization of the PLCCC will make the Common Council of the City of Buffalo more democratic by creating an additional center of legislative power that promotes cooperation. It will also promote debate, organization and defend the interests of people and groups not in the focus of the current Majority Caucus. The PLCCC will support, oppose and collaborate on legislation and initiatives of common interest without regard to the affiliation of the author, as well as without regard to their membership in the PLCCC. The Goals of the PLCCC are to: Promote progressive legislation Encourage research that acknowledges and investigates progressive initiatives Publish objective, nonpartisan research for distribution Serve as a network for resources and moral support to members Provide organizational resources to pursue policy interests Advance the nonpartisan education of citizens for effective involvement in government Inform and promote positive perceptions about Buffalo and its citizens The PLCCC has worked very hard to outline our priorities in our 2008 -2009 Action Plan We have outlined an action plan for the Caucus in the following areas: Finance and Management Economic /Community Development Public Health and Safety Community and Human Services Governmental Affairs REFERRED TO THE COMMITTEE ON LEGISLATION NO 68 SUBMISSION TO COMMON COUNCIL REDEVELOPER'S REQUEST TO REDEVELOP R -3 LAND IN DOWNTOWN SECTOR OF HOZO AS SURFACE PARKING COPY AVAILABLE IN THE CITY CLERKS OFFICE FOR REVIEW REFERRED TO THE COMMITTEE ON LEGISLATION, ZONING, & THE CITY PLANNING BD PETITIONS NO 69 ALBERT H. SANITA JR, OWNER, USE 1194 LOVEJOY OUTDOOR PATIO AND PAVILION (LOV)(HRG 5/20) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO 70 J. MCCARTHY, AGENT, USE 483 DELAWARE, SIDEWALK CAFE & PATIO IN REAR YARD (HRG 5 /20)(ELL) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO 71 M. HUNTER, OWNER, USE 2608 MAIN STREET, REOPEN A NIGHT CLUB (HRG 5 /20)(DEL) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD 0 1 150 *A O. RAUVENPOOR, AGENT, USE 494 FRANKLIN AKA 69 ALLEN, RENOVATION OF INTERIOR RESTAURANT (HRG 5 /20)(ELL) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO 73 JUDE KAWCZYNSKI, AGENT, USE 93 MAPLE ST., REPLACEMENT OF GROUND SIGN (NO HRG )(ELL) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO 74 3 WAY STOP AT AVERY & VIRGIL Please find the attached petition that serves to express the strong interest of the North Buffalo community and Avery Avenue /Holling Homes Block Club to put into action a three -way stop at the intersection of Avery Avenue and Virgil Avenue. Currently there is just ONE stop sign located at the east side of Avery Avenue. Due to non - enforcement of parking regulations, cars park at the edges of the intersection, removing the ability to see oncoming traffic. We respectfully request that a review of this intersection be completed with an end result of a THREE -WAY stop in all directions. Implementing this community request will work to create a safer community for our families, children, and community residents Thank you for your attention to this mater. I look forward to hearing from you. If you should have any questions regarding this request please do not hesitate to contact me at (I -I /C) 716 - 361 -8225 or via email at mjbeam@niagara.edu COPY AVAILABLE IN THE CITY CLERKS OFFICE FOR REVIEW REFERRED TO THE COMMITTEE ON LEGISLATION & COMM OF PUBLIC WORKS PARKS AND STREETS NO 75 PETITION TO STOP THE CITY OF BUFFALO & D'YOUVILLE COLLEGE FROM CLOSING OFF FARGO AVENUE TO MOTOR VEHICLE TRAFFIC Please file the attached item for further discussion at the next Common Council session to be held Tuesday, May 13, 2008. Thank you in advance for your assistance with this matter. COPY AVAILABLE IN THE CITY CLERKS OFFICE FOR REVIEW REFERRED TO THE COMMITTEE ON LEGISLATION AND THE DEPARTMENT OF PUBLIC WORKS REGULAR COMMITTEES CIVIL SERVICE (BONNIE E. RUSSELL, CHAIRPERSON) NO 76 APPT SUPERVISOR OF MAINTENANCE I (PERM)(2 " D STEP)(KRATHAUS)(PW) (NO 30, 4/29) That the above item be the same and hereby is Received and Filed ADOPTED NO 77 APPT ACCOUNT CLK TYPIST(PROV)(4f STEP)(DOYLE)(EDPI) (NO 40,4/29) That the above item be the same and hereby is Received and Filed ADOPTED NO 78 APPT EXECUTIVE DIRECTOR OF COMM. ON CIT RIGHTS(EXEMPT) (RODRIGUEZ)(COMM CIT RTS) (NO 42,4/29) That the above item be the same and hereby is Received and Filed ADOPTED FINANCE (MICHAEL P. KEARNS, CHAIRMAN) NO 79 J. B. WILEY SPORTS COMPLEX PARTNERSHIP AGREEMENT (ITEM NO. 29, C.C.P., APR. 29, 2008) That the Acting Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to enter into an agreement with the Board of Education that allows the Board of Education to manage improvement activities to take place under the HUD Grant for the Johnnie B. Wiley Sports Complex. PASSED AYES -9 NOES -0 NO 80 B. DAVIS- SUPPORT LETTER FOR SALE OF MAIN P1 RAMP TO MAIN P1 LIBERTY GROUP (NO 66,4/29) That the above item be the same and hereby is Received and Filed ADOPTED NO 81 TRANSFER OF FUNDS - PARKING VIOLATIONS BUREAU (ITEM NO. 119, C.C.P., APR. 29, 2008) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Kearns moved: That the Comptroller be, and he hereby is authorized to reappropriate PVB 11475006 - 432001 Auditing Services to PBV 11412006- 480000 Towing in the sum of $65,000. PASSED AYES -9 NOES -0 NO 82 CITY DEPTS TO PROVIDE 24 HR AND TAKE HOME CITY MONITOR VEHICLE USE (EX I ST ' 2 "D AND 3 RES)(NO 121,4/29) That the above item be the same and hereby is Referred to the Special Committee on Budget ADOPTED NO 83 BUFFALO WATER BOARD CONTRACT WITH AMERICAN WATER SERVICES OPERATION AND MAINTENANCE, INC. (ITEM NO. 24, C.C.P., APR. 15, 2008) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Kearns moved: That the Common Council approve the Buffalo Water Board Contract with American Water Services Operation and Maintenance, Inc. for the operation of the water system with the terms and conditions as listed in the above communication with the adopted recommendations attached thereto for the Water Board's consideration and information. COPY AVAILABLE IN THE CITY CLEKRS OFFICE FOR REVIEW PASSED AYES — Davis, Fontana, Franczyk, Golombek, Kearns, Rivera, Russell, Smith 8 NOES — LoCurto 1 NO 84 REPORT OF AUCTION 9/22/07 -771 FILLMORE (FILL)(STRAT PLAN)(NO 8,4/1) That the above item be the same and hereby is Received and Filed ADOPTED NO 85 RESULTS - REAL ESTATE AUCTION - SEPTEMBER 22, 2007. (ITEM NO. 15, C.C.P., MAR. 4, 2008) That the Common Council approve the sale and transfer of title for 105 Schutmm to Laquest Walker, in the amount of one thousand and two hundred dollars ($1,200.00), as attached to the above communication to the bidders listed in accordance with the terms and conditions of the sale. That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offers were submitted. That the remaining properties be recommitted to the Committee on Finance. PASSED AYES -9 NOES -0 NO 86 RESULTS - REAL ESTATE AUCTION - SEPTEMBER 22, 2007, 31 KOONS (ITEM NO. 14, C.C.P., JAN. 22, 2008) (ITEM NO. 57, C.C.P., FEB. 5, 2008) That the Common Council approve the sale and transfer of title for 31 Koons to Barry Edgerton, in the amount of five hundred dollars ($500.00), as attached to the above communication to the bidders listed in accordance with the terms and conditions of the sale. That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offers were submitted. That the remaining properties be recommitted to the Committee on Finance. PASSED AYES - 9 NOES — 0 NO 87 RESULTS - REAL ESTATE AUCTION - SEPTEMBER 22, 2007, 325 KOONS, ETC. (ITEM NO. 3, C.C.P., DEC. 26, 2007) (ITEM NO. 60, C.C.P., FEB. 5, 2008) That the Common Council approves the sales and transfers of titles for 325 Koons transferred to Jamar McDuffie, in the amount of two hundred dollars ($200.00), 288 Hudson transferred to Jose Lorenzo, in the amount often thousand and one hundred dollars ($10,100.00), 1002 Fillmore transferred to Matthew Meyer, in the amount of seven hundred dollars ($700.00), 58 Schreck transferred to Matthew Meyer, in the amount of seven hundred dollars ($700.00), 211 Lombard transferred to Matthew Meyer in the amount of three thousand and five hundred dollars ($3,500.00), as attached to the above communication to the bidders listed in accordance with the terms and conditions of the sale. That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offers were submitted. That the remaining properties be recommitted to the Committee on Finance. PASSED AYES - 9 NOES - 0 NO 88 GREATER TRANSPARENCY IN GOVERNMENT (NO 15,9/4) That the above item be the same and hereby is Received and Filed ADOPTED COMMUNITY DEVELOPMENT (MICHAEL J. LOCURTO, CHAIRMAN) NO 89 DESIGNATE REDEVELOPER - TRUE BETHEL BAPTIST CHURCH - 275 -279 AND 549 WINSLOW (ITEM NO. 14, C.C.P., APR. 29, 2008) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. LoCurto moved: That the Common Council does hereby designate True Bethel Baptist Church and /or corporation, partnership, or other legal entity as the qualified and eligible Redeveloper of 275 -279 Kehr and 549 Winslow for a period of six (6) months subject to the conditions listed in the above communication. PASSED AYES - 9 NOES — 0 NO 90 REPORT OF AUCTION - SEPTEMBER 22, 2007 227 STRAUSS (ITEM NO. 16, C.C.P., APR. 19, 2008) That the offer from Mr. William Fowler and Mrs. Betty Fowler, 471 Linwood in the sum of four hundred dollars ($400.00) to purchase the property described as 227 Strauss, be and hereby is accepted; and That the purchase has also agreed to pay for all closing costs associated with the transfer of title; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the bids were submitted. PASSED AYES - 9 NOES — 0 NO 91 RESOLUTION SONWIL DISTRIBUTION CTR- SHIFT OF OPERATIONS (EDPI) (COM 39,4/29) That the above item be the same and hereby is Received and Filed ADOPTED NO 92 NYSDEC- BROWNFIELD CLEANUP -229 ELK ST(FILL) (NO 61,4/29) That the above item be the same and hereby is Received and Filed ADOPTED NO 93 NYSDEC- BROWNFIELD CLEANUP -85 LEE ST(FILL) (NO 62,4/29) That the above item be the same and hereby is Received and Filed ADOPTED NO 94 NYSDEC -COB DRAFT LOCAL W /FRONT REVITALIZATION PLAN (NO 63,4/29) That the above item be the same and hereby is Referred to the Special Committee on Waterfront ADOPTED NO 95 A.JAROS- KALEIDA HEALTH - PROPOSED PLAN - DIAGNOSTIC AND TREATMENT CENTER (NO 55, 4/15) That the above item be the same and hereby is Received and Filed ADOPTED LEGISLATION (JOSEPH GOLOMBEK JR., CHAIRMAN) NO 96 P. LALLEY, PETITION TO USE 2134 SENECA STREET - OUTDOOR CARE (ITEM NO. 66, C.C.P., APR. 29, 2008) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Golombek moved: That the petition of P. Lalley, owner, for permission to use 2134 Seneca Street to place an outdoor caf6 (25' x 30' ) on private property to the side of an existing sit -in restaurant "'Blackthorn" with a 6' high fence and gate around it be, and hereby is approved. PASSED AYES -9 NOES -0 NO 97 P. GREGORY, PETITION TO USE 175 DIVISION SOUTH - PARKING LOT (ITEM NO. 67, C.C.P., APR. 29, 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 22, 2008, the petition of P. Gregory, agent, for permission to use 175 Division South for a 150 car parking lot be, and hereby is Denied DENY NO. 98 D. MOELLER, PETITION TO USE 120 BROADWAY - POLE SIGN (ITEM NO. 69, C.C.P., APR. 29, 2008) That after the public hearing before the Committee on Legislation on May 6, 2008, the petition of D. Moeller, agent, for permission to use 120 Broadway for an existing pole sign for a new, smaller illuminated sign be, and hereby is approved on the condition that it use the existing foundation and pole. PASSED AYES -9 NOES -0 NO 99 P. JOHNSON, PETITION TO USE 765 ELMWOOD TO EXPAND AN EXISTING RESTAURANT (ITEM NO. 70, C.C.P., APR. 29, 2008) That after the public hearing before the Committee on Legislation on May 6, 2008, the petition of P. Johnson, agent, for permission to expand an existing restaurant and sidewalk caf6 at 765 Elmwood be, and hereby is approved. PASSED AYES -9 NOES -0 NO 100 APPOINTMENT OF CRYSTAL RODRIQUEZ - EXECUTIVE DIRECTOR OF COMMISSION ON CITIZENS' RIGHTS & COMMUNITY RELATIONS (ITEM NO. 1, C.C.P., APR. 29, 2008) That the appointment of Crystal Rodriquez - Executive Director of Commission on Citizens' Rights & Community Relations be, and hereby is approved on the condition that she does not owe any outstanding liens to the City of Buffalo. ADOPTED NO 101 COB LIVING WAGE COMMON ANNUAL REPORT FOR 2007 (NO 51, 4/29) That the above item be the same and hereby is Received and Filed. ADOPTED NO 102 2008 -2009 ANNUAL ACTION PLAN (ITEM NO. 52, C.C.P., APR. 29, 2008) That the Common Council adopts the 2008 -2009 Annual Action Plan. ADOPTED NO 103 ORDINANCE AMENDMENT - CHAPTER 413 - STREETS AND SIDEWALKS (ITEM NO. 122, C.C.P., APR. 29, 2008) Mr. Golombek moved that the above item be recommitted to the Committee on Legislation ADOPTED NO 104 B. DAVIS- PARKING LOT 175 S. DIVISION (#47, 4/1) (NO 83, 4/29) That the above item be the same and hereby is Received and Filed. ADOPTED NO 105 G. SMITH, PETITION TO USE 19 CLYDE STREET - USED CAR SALES (ITEM NO. 69, C.C.P., APR. 15, 2008) (ITEM NO. 87, C.C.P., APR. 29, 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 106 BASIL GROUP REQ. FOR REMOVAL OF EASEMENT -1180 ABBOTT RD ( #91, 4/29)( #53, 4/1 )( #31, 4/15)(CC) That the above item be the same and hereby is Received and Filed. ADOPTED NO 107 SECONDHAND DEALER - 333 CONNECTICUT STREET (ITEM NO. 40, C.C.P., APR. 15, 2008) That pursuant to Chapter 254 of the City Code, the Commissioner of Permit & Inspections Services be, and he hereby is authorized to grant a Secondhand Dealer License to Ismail Smailoric d /b /a Duda Second Hand Store located at 333 Connecticut Street. PASSED AYES - 9 NOES — 0 NO 108 FOOD STORE LICENSE - 1421 MAIN (ITEM NO. 33, 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 109 RESOLUTION BY: MR. DAVIS: 51ST ANNUAL AILENTOWN ART FESTIVAL WHEREAS, The Allentown Village Society, Inc., has requested permission to conduct the 51 st Annual Allentown Art Festival on the weekend of June 14th and 15th 2008; and WHEREAS, The purpose of the festival is to promote Free arts and crafts and support those talented individuals who create such work; and WHEREAS, The Allentown Village Society seeks to heighten public awareness of the fine arts and crafts and to heighten public awareness of all that the Allentown District of the City of Buffalo has to offer; and WHEREAS, Each year the Allentown Art Festival attracts hundreds of thousands of people to the City of Buffalo, including hundreds of talented artists and Craftspeople; and WHEREAS, The Special Events Advisory Committee, a committee established pursuant to Chapter 414 of the Charter& Code of the City of Buffalo: will meet to consider the application of the Allentown Village Society to hold the 51 st Annual Allentown Art Festival; NOW, THEREFORE, BE IT RESOLVED, This Common Council hereby grants to the Allentown Village Society, Inc. permission to conduct the 51 st Annual Allentown Art Festival subject to the terms and conditions contained herein as well as any additional terms and conditions established by the Special Events Advisory Committee. BE IT FURTHER RESOLVED, Date and Time of Event. The event shall take place the weekend of June 14th and 15th 2008, between the hours of 11:00 A.M. and 6:00 P.M. each day and the streets wilt be closed to general traffic from 8:00 am. until 8:00 p.m. BE IT FURTHER RESOLVED, Event Area. The event area shall be defined as follows: The area bounded by Summer Street on the north, Elmwood Avenue and South Elmwood Avenue (east side) on the west, Tracy Street (extended easterly) on the south, and Main Street (west side) on the east. BE IT FURTHER RESOLVED, Event Participants. The following terms and conditions shall apply to the event area: 1. Art and Craft Exhibitors Art and /or craft exhibitors shall be permitted at the following locations only: Delaware Avenue between North Street an Tupper Street (east and west sides); Franklin Street between Allen Street and Virginia Street (one side only); Allen Street from Elmwood Avenue to Franklin Street (one side only); Virginia Street between Delaware Avenue and Franklin Street (one side only); and Edward Street between Elmwood Avenue and Delaware Avenue (south side only). 2. Approval Process. Only art and craft exhibitors approved in accordance with the Allentown Village Society's application and selection process will be permitted to participate in the event within the event area defined above, No more than 465 art and craft exhibitors will be permitted. Exhibitors engaged in the exhibition or sale of so- called "pseudo" art and commercial exhibitors not engaged in the exhibition or sale of arts and /or crafts shall not be included in that total. Food Concessionaires and Vendors, Only food concessionaires and vendors approved in accordance with the Allentown Village Society's application and selection process will be permitted to participate in the event within the event area defined above. Such approved food concessionaires and vendors shall be located in an area determined by the Allentown Village Society in accordance the recommendation of the Commissioner of Police or his designee and the Fire Commissioner of Fire or his designee. Food concessionaires and vendors will not be permitted to operate outside of the event area. 4. Promotional Items. The Allentown Village Society, at its sole discretion, may select and designate a single vendor employing a reasonable number of persons to vend balloons in the event area. The Allentown Village Society may also select and designate a single vendor to produce and sell Art Festival T- shirts, sweatshirts or similar merchandise. The Allentown Village Society in accordance with the recommendation of the Commissioner of Police or his designee and the Commissioner of Fire or his designee shall locate such vendors. Compliance with Existing Laws. Not- 4thstanding the above, participant concessionaires and vendors are required to comply with all applicable city, county and state licensing and health code requirements. Nothing herein is intended to limit the lawful operation of sidewalk cafe's operating in accordance with Section 413 -59 of the Charter & Code of the City of Buffalo. BE IT FINALLY RESOLVED, 1. Remote Broadcasts. Radio and television broadcasts from remote broadcast units located outside of a building regularly occupied by a radio or television station may be permitted within the event area at the discretion of the Allentown Village Society. No such remote broadcast or telecasts shall be permitted on the public streets or out -of -doors on adjacent private property without the permission of the Allentown Village Society. Promotional activities other than those permitted by the Allentown Village Society are strictly prohibited. 2. Vendor and Exhibitor Identification. The AVS shall provide all participants with suitable identification expressly indicating that each is an authorized participant in the event. Except as herein provided, there shall be no other participants within the event area during the event whether on public streets or out -of -doors on adjacent private property, including, but not limited to, exhibitors, concessionaires, vendors, and performers, individuals engaged promotional activities, fundraising activities, displays of good or otherwise. Performances are prohibited within the event area. 3. Inflatable Devices. All temporary inflatable devices used to advertise or direct attention to a business, service, product and/or activity shall also be excluded from the event area, 4. Banners. In celebration of the 51 st Anniversary of the Allentown Art Festival permission is hereby granted for the Allentown Village Society, Inc. to erect vertical banners on city light poles on Delaware Avenue between North St. and Tupper St. The banners must comply with conditions set by the Department of Public Works. ADOPTED NO 110 BY: MR. FRANCZYK RE: SUPPORT "GREEN" BLOCK GRANT PROGRAM WHEREAS: Cities need to "go green" in this era of ever escalating energy costs and the reality of global warming; and, WHEREAS: Toward this end, Congress recently passed the Energy Independence and Security Act which creates a special Energy Efficient and Conservation Block Grant program; and, WHEREAS: This addendum to the CDBG program authorizes up to $2- billion per year for states and municipalities for building energy conservation programs, energy audits, fuel conservation programs, building retrofits to increase energy efficiency, "Smart growth" planning (which the Common Council is already exploring) and zoning, and alternative energy programs, as well as urban agriculture; and, WHEREAS: This "Green" CDGB program is in addition to the existing CDBG administered by HUD, and could be a source of new funding to the City of Buffalo, in addition to the CDBG the city already receives; and, WHEREAS: The Green CDBG can also be used to help cities undertake environmentally friendly initiatives, such as updating building codes, adopting renewable energy solutions, creating incentives for people to use transportation alternatives and implementing energy saving campaigns; and, WHEREAS: A recent summit on the Green Economy at Buffalo State College as well as a series of articles on this topic published in The Buffalo News underscore that cities can play an innovative role in implementing energy conservation and environmental protection programs; and, WHEREAS: Funding for the Energy Efficiency and Conservation Block Grant is currently waiting to go through the appropriation process in Congress, and will be decided in the next few months; NOW THEREFORE BE IT RESOLVED: That the Common Council fully supports the $2- billion per year appropriation of the Energy Efficiency and Conservation Block Grant Program and urges the Western New York Congressional delegation to vote in favor of this funding; BE IT FURTHER RESOLVED: That the Department of Strategic Planning, Public Works, and the Mayor's new Sustainability Office develop an application for the new "Green" Block Grant Program if and when these funds are appropriated by Congress. ADOPTED NO 111 RESOLUTION BY: MR. FRANCZYK TRAILBLAZING SIGN REQUEST FOR ROSE PROCKNAL Whereas: Trailblazing signs, otherwise known as honorary street names, are generally assigned to honor and commemorate noteworthy persons associated with the City of Buffalo; and Whereas: Rose Procknal emigrated from Lipsig, Germany in the early 1900's, originally settling in Midland, Maryland; and Whereas: In 1922, Rose and her husband Andrew moved to Buffalo and settled on Katherine Street in the First Ward area of the City where they had fifteen children and raised their family; and Whereas: The Procknal's, despite a limited formal education, owned properties, including an apartment building, and managed a thriving restaurant business in the neighborhood. In 1939, the Courier Express honored the Procknal family in a special Father's Day article; and Whereas: Our Lady of Perpetual Help Church on O'Connell Street was a central part of daily life for the Procknal family. Rose Procknal believes she received two healings from God that saved her children from serious illness; and Whereas: Rose's faith, work ethic and perseverance were an inspirational example for all of her descendants. She planted the seeds and the family flourished; and Whereas: To pay tribute to the life of Rose Procknal, the family has requested that this Honorable Body place a trailblazing marker up at the intersection of Katherine Street and O'Connell Avenue; Now, Therefore be it Resolved: That the Common Council joins in with the members of Procknal family in expressing its sincere appreciation to Rose Procknal for her dedication and commitment to the City of Buffalo, and especially the First Ward community; and Be it Further Resolved: That the Common Council of the City of Buffalo does hereby approve the request to place a trailblazing marker at the intersection of Katherine Street and O'Connell Avenue in honor of Rose Procknal. REFERRED TO THE COMMITTEE ON LEGISLATION AND COMMISSIONER OF PUBLIC WORKS PARKS & STREETS NO 112 RESOLUTION BY: MR. KEARNS AND MR. GOLOMBEK SHARED MUNICIPAL SERVICES - TRAFFIC SIGNALS AND SIGNAGE Whereas: There has been talk through the years calling for local governments in Erie County to cooperate and coordinate and create regional plans that would provide for the streamlining of services. This approach would avoid duplication of services and save cities, villages and towns money; and Whereas: The City of Buffalo has the capacity to provide sign making and fabrication to the cities, towns and villages of Erie County. This service could potentially save these municipalities the expense of having to perform these duties on their own, while also being a step toward regionalism and sharing of resources with our neighboring municipalities; and Whereas: In January 2006, Lackawanna Mayor Norman Polanski sent a letter to the Common Council about the City of Lackawanna working together in the interest of regionalism and having the City of Buffalo consider handling traffic signals and signage for Lackawanna; and Whereas: On March 7, 2006, the Common Council approved a request from the Department of Public Works, Parks and Streets, CCP #21, requesting Council authorization to enter into a purchase agreement with various municipalities who would be interested in having the City of Buffalo fabricate and sell various traffic signage; Now, Therefore be it Resolved: That the Department of Public Works, Parks and Streets file with this Common Council the results of the 2006 request to the Council for authorization to enter into a purchase agreement with various municipalities; and Be it Further Resolved: That the Department of Public Works, Parks and Streets contact other cities, towns and villages in Erie County that may be interested in contracting with the City of Buffalo to design and fabricate street and traffic signage; and Be it Finally Resolved: That this item be sent to the appropriate committee for further discussion. REFERRED TO THE COMMITTEE ON LEGISLATION AND DEPARTMENT OF PUBLIC WORKS NO 113 MICHAEL P. KEARNS INCREASED APPROPRIATION AIM CAPITAL OUTLAY That, Pursuant to §20 -11 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the appropriation in Capital Outlay for the current fiscal year, be and the same hereby is increased in the sum of $3,120,946. The increased appropriation will be met from AIM money. That, the Comptroller be and hereby is authorized and directed to increase the revenue estimate for account: From: 10700010 - 335009 NYS Aid Incentive to Municipalities (AIM) $3,120,946 To: To meet the increased appropriation as set forth below: 16550007 - 471010 Permits & Inspections - Land Improvements $3,120,946 PASSED AYES -9 NOES -0 NO. 114 MR. KEARNS SHIFT IN OPERATIONS FOR SONWIL DISTRIBUTION CENTER Whereas Sonwil Distribution Center ( "Sonwil ") has provided distribution services for over 25 years for General Mills with a steady volume growth of 5 to 10% per year; and Whereas Sonwil has provided vacuum parts distribution services and remanufacturing services to Dyson, USA for the past 6 years with an annual growth of 35% per year; and Whereas Sonwil needs to consolidate multiple local distribution sites; and Whereas Sonwil is constructing a new 308,000 square foot distribution facility at the Buffalo Lakeside Commerce Park n Buffalo; and Whereas Sonwil Distribution Center will operate this facility as a distribution center and a remanufacturing center; and Whereas This new facility will enable Sonwil to consolidate smaller leased facilities resulting in lower distribution costs to current customers, accommodating current customer's anticipated growth, and to provide rail and distribution services to future potential customers; and Whereas Based on the projected growth, Sonwil's total projected employment increase over the next 5 years will be 30 positions created in the City of Buffalo; and Whereas Sonwil met with local economic development officials to assist them in their efforts to find a location for their expansion project prior to finalizing their decision to build at Buffalo Lakeside Commerce Park. Now, Therefore, Be It Resolved That: this Common Council consents to the relocation of Sonwil Distribution Center from 901 A and 901 B Fuhrmann Boulevard to 275 & 315 Ship Canal Parkway located ill the Buffalo Empire Zone, and Be It Further Resolved, that certified copies of this resolution be forwarded to Sonwil and the buffalo Economic Renaissance corporation; and BE It Finally Resolved That: this resolution shall take effect immediately MICHEAL P KEARNS PASSED AYES -9 NOES -0 NO. 116 BY: MESSRS. LOCURTO, RIVERA AND GOLOMBEK RE: ORDINANCE AMENDMENT CHAPTER 413, STREETS AND SIDEWALKS ARTICLE XIV, COMPLETE STREETS The Common Council of the City of Buffalo does hereby ordain as follows: That Chapter 413 of the Code of the City of Buffalo be amended to read as follows: §413 -68 Complete Streets Defined A. Complete Streets are defined as facilities that are designed and operated to enable safe access for all users. Persons with disabilities, pedestrians, bicyclists, motorists and transit riders are able to safely move along and across a complete street. §413 -69 Implementation of Complete Streets and Exceptions A. The Commissioner of Public Works, Parks and Streets shall include pedestrian and bicycle facilities in all new street construction, street reconstruction, street maintenance, public works and park projects undertaken by the City of Buffalo subject to the exceptions contained herein. B. The City of Buffalo Bicycle and Pedestrian Advisory Board shall review all new street construction, street reconstruction and street maintenance projects undertaken by the City of Buffalo and shall provide consultation regarding its implementation as a complete street. C. The inclusion of bicycle and pedestrian facilities shall be mandated in all new street construction, street reconstruction and street maintenance projects undertaken by the City of Buffalo unless one of the following conditions exists. 1. Bicyclists and pedestrians are prohibited by from using the facility. In this case, alternative facilities and accommodations for pedestrians and bicyclists shall be provided within the same transportation corridor as determined by the Commissioner of Public Works, Parks and Streets. 2. The cost of establishing bikeways or walkways would be disproportionate to the need or probable use. Costs shall be considered disproportionate for purposes of this section if the cost of including bicycle and pedestrian facilities exceeds twenty percent of the cost of the larger project. 3. Where the existing fight of way does not allow for sidewalks, bike lanes, paths or other improvements. In this case, the Commissioner shall explore alternatives such as the use of revised travel lane configurations, paved shoulders, signage, traffic calming, education or enforcement to accommodate pedestrians, cyclists and persons with disabilities. If the Commissioner makes said determination he shall reduce it to writing and file it with appropriate supporting documentation with the Common Council and Bicycle and Pedestrian Advisory Board for its information and review. 4. Where the Commissioner determines that the inclusion of bicycle and /or pedestrian facilities on a roadway would constitute a threat to the health, safety and /or welfare to the motorists and /or pedestrians and bicyclists of the City of Buffalo. If the Commissioner makes said determination he shall confirm it in writing and file it with appropriate supporting documentation with the Common Council and Bicycle and Pedestrian Advisory Board for its information and review. §413 -70 Planning, Design and Maintenance of Facilities A. Bicycle and Pedestrian facilities will be planned, designed, developed and maintained in accordance with guidelines adopted by the United States Department of Transportation (USDOT), New York State Department of Transportation (NYSDOT) and the American Association of State Highway and Transportation Officials (AASHTO) or other guidelines approved by the City of Buffalo. APPROVED AS TO FORM NOTE: Matter underlined is new. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 116 BY. MR. LOCURTO REQUESTING TRAFFIC STUDY ON STERLING AVENUE Whereas: Family Video is opening a store on the comer of Hertel and Sterling Avenues; and Whereas: The site plan calls for a parking lot driveway on Sterling Avenue; and Whereas: The residents of Sterling Avenue were not notified for the North Buffalo GNPA meeting to review the site plan and meet with representatives from Family Video; and Whereas: Said residents are concerned the driveway will be a safety hazard to the many children on the street; and Whereas: On any commercial strip, there needs to be a balance between commercial and residential interests; and Now Therefore Be It Resolved: The Common Council requests that the Planning Board perform a traffic study to examine the impact of the Sterling Avenue driveway; and Now Therefore Be It Finally Resolved: Copies of this resolution be sent to the City Planning Board. REFERRED TO THE COMMITTEE ON LEGISLATION. NO. 117 BY: MS. RUSSELL BUDGET AND PERSONNEL AMENDMENT 08 - DEPARTMENT OF MIS 1071 - MIS 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 08 - Management of Information Systems, 1071- MIS which currently reads: 2 Senior Data Processing Equipment Operator $30,472 - $35,063 Is hereby amended to read: 1 Senior Data Processing Equipment Operator $30,472 - $35,063 1 Network Engineer $38,358 - $44,779 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 ROBERT LEACH, CHIEF INFORMATION OFFICER AND DONNA J. ESTRICH, DIRECTOR OF BUDGET, ADMINISTRATION AND FINANCE, hereby certify that the above change is necessary for the proper conduct, administration and performance of essential services of that department. We recommend that the compensation for said position be fixed at the respective amount set forth in the foregoing ordinance. APPROVED AS TO FORM REFERRED TO THE COMMITTEE ON FINANCE NO. 118 BY. MR SMITH ALTERNATIVE VETERANS BENEFITS The City of Buffalo provides veterans exemptions to eligible wartime veterans for service during the following periods: Persian Gulf: August 2, 1990 to (open) The period from the end of WWII to the collapse of the Soviet Union, 1945 to 1991, has been recognized as the Cold War by Congress in the 1998 National Defense Authorization act; and In the last 10 years local municipalities have yet to add this recognition to tax exemptions for Veterans; and Veterans exemption applications are accepted between July 1 st and December 1 st; Now Therefore Be It Resolved: That the City of Buffalo recognizes Cold War Veterans and make all Cold War Veterans immediately eligible for tax exemptions with the passage of this resolution; and Be It Finally Resolved: That the Department of Tax and Assessment appear at the next Legislation Committee Meeting of the Common Council to discuss the implementation of Cold War Veterans exemptions. PASSED AYES -9 NOES -0 NO. 119 BY MR. SMITH RE: CITY CONTRACTING Whereas: Workforce Development, EEO, MBE and WBE utilization goals were established to provide parity and encourage broad based economic development to businesses and people in Buffalo and western New York; and Whereas: Currently goals are not providing enough incentive for contractors and departments to utilize a diverse economic strategy; and Whereas: Co- operation is need by all parties involved in City contracting opportunities to ensure equity in contracting; and Whereas: Some contractors take advantage of the undefined language of lowest responsible bidder and good faith effort in the City's contracting policy; and Whereas: An updated strategy is needed to truly promote broad based contracting opportunities Now Therefore Be It Resolved That: Research, dialogue and composition of legislation to make current utilization goats taw be immediately undertaken; and Be It Finally Resolved That: The MBE Committee establish a taskforce to undertake this responsibility, define language and investigate obstacles the city currently has in contracting opportunity REFERRED TO THE MINORITY BUSINESS ENTERPRISE SPECIAL COMMITTEE. NO. 120 BY MR. SMITH FELICITATIONS /IN MEMORIAM Attached hereto are Felicitation and In Memoriam Resolutions sponsored by Members of the Common Council as indicated: Felicitation for 72nd Anneal Safety Conference and Trades Exhibit By Councilmember Franczyk Felicitation for 75th Anniversary of the Ukrainian "Holodomor" By Councilmember Franczyk Fontana Rivera Golombek LoCurto Davis Russell Kearns. Smith Felicitation for ADOPTED NO. 121 BY: DEMONE A SMITH APPOINTMENTS COMMISSIONERS OF DEEDS REQUIRED FOR THE PROPER PERFORMANCE OF PUBLIC DUTIES That the following persons are hereby appointed as Commissioner of Deeds for The term ending December 31, 2008, conditional upon the persons so appointed certifying under oath to their qualifications and filing same with the City of Buffalo Rebecca Brooks Christina Kallay Jason Saramak Lynda Kulik Donald Freling Joseph Malczewski Frederic Tedesco Joshua Sanders Alan Brown Walter Koch Barbara Sloma Robert Rentz Patrick McDonnell Total 13 ADOPTED NO. 122 BY MR. SMITH APPOINTMENTS COMMISSIONER OF DEEDS That the following persons are hereby appointed as Commissioner of Deeds for the term ending December 31, 2008, conditional, upon the person so appointed certifying under oath to their qualifications and filing same with the City Clerk: John Kennedy Kurt Heffle Andrew Boris Timothy Whalen Richard Finnegan Matthew Davison Total: 8 ADOPTED NO. 123 ANNOUNCEMENT OF COMMITTEE MEETINGS The following meetings are scheduled. All meetings are held in the Common Council Chambers, 13 floor City Hall, Buffalo, New York, unless otherwise noted. Regular Committees Committee on Civil Service Tuesday, May 20, 2008 at 9:45 o'clock A.M. Committee on Finance Tuesday, May 20, 2008 at 10:00 o'clock AM following Civil Service Committee on Comm. Dev. Tuesday, May 20, 2008 at 1:00 o'clock P.M. Committee on Legislation Tuesday, May 20, 2008 at 2:00 o'clock PM Special Committees (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. 124 ADJOURNMENT On a motion by Mr. Fontana, Seconded by Mrs. Russell the Council adjourned at 3:05 pm GERALD CHWALINSKI CITY CLERK BOARD OF POLICE AND FIRE PENSION PROCEEDINGS #5 OFFICE OF THE MAYOR -201 CITY HALL MAY 15, 2008 Present: David Rodriguez, Corporation Counsel; Gerald Chwalinski, City Clerk; Peter Savage III, Mayor's Office 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 May 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 -3. Noes -0. NO. 2 1 transmit herewith the Pension Payroll for the Police Pension Fund for the month of May 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 -3. Noes -0. Received and Filed No. 3 On motion by Mr. Rodriguez the City of Buffalo Police and Fire Pension Board Meeting adjourned at 11:02 a.m.