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Home My WebLink About08-0527 (2)No. 11 PROCEEDINGS OF THE CITY OF BUFFALO May 27, 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 FINAL INVOCATION PLEDGE TO FLAG DATE May 27, 2008 MAYOR 1. Response Travel Information Req by Council FIN 2. Appt Stephen J. Stepniak- Commissioner Public Works, Pks & Sts LEG MAYOR - EXECUTIVE 3. Plan Bd- SEQR -Neg Declaration -565 Abbott Rd(South) R &F 4. Plan Bd- SEQR -Neg Declaration -47 East Amherst St(North) R &F 5. Plan Bd- SEQR -Neg Declaration- 103 -125 Genesee St(Ell) R &F 6. Plan Bd- SEQR -Neg Declaration -257 Lafayette Ave(Nia) R &F 7. Plan Bd- SEQR -Neg Declaration -1373 Main St (Mas) R &F 8. Plan Bd- SEQR -Neg Declaration -1829 Main St Mas) R &F 9. Plan Bd- SEQR -Neg Declaration -72 -76 Pearl St(Ell) R &F 10. Plan Bd- SEQR -Neg Declaration - Willert Pk Homeownership Zone R &F 11. Strat Plan -Acces Req by Buffalo China To City -owned Properties CD 12. Strat Plan -Renew Lease Agmt Btwn COB and the South Bflo Post No 721 (South) APP 13. Strat Plan- Response Travel Information Req by Council FIN 14. Strat Plan - Results of Neg -390 Hudson(Ell) APP 15. Strat Plan - Results of Neg -175 Lombard(Fill) APP 16. Strat Plan - Results of Neg -453 Sweet(Fill) APP 17. Strat Plan -Appt Executive Director (Exempt)(Flat)(Eszak) CS COMPTROLLER 18. Audit of Mayor's Impact Team FIN MANAGEMENT INFORMATION SYSTEMS 19- 18A Contract Information on Line FIN PUBLIC WORKS 20- 19. Babcock St Bridge Reconst Project Partial Assignment of Easement Rts from COB to National Grid APP 21- 20. Change in Contract- Franczyk Park(Fill) APP 22- 21. Change in Contract MLK Park(Mas) APP 23- 22. Perm to Engage Svs of Consulting Eng for Water Dist Various Location 1 APP 24- 23. Perm to Engage Svs of Consulting Eng for Water Dist Various Location 2 APP 25- 24. Report of Bids City -Wide Sidewalk Repl 2008 APP 26- 25. Report of Bids - Emergency Backup Power for High Service Pump Oper(EII) APP 27- 26. Report of Bids -Erie Canal Harbor St(Fill) APP 28- 27. Report of Bids - Lasalle Park T -Ball Field(Ell) APP 29- 28. Report of Bids - Resurfacing of City Pavements 2008 APP 30- 29. Appt Comm Public Works, Pks & Sts(Exempt)(Flat)(Stepniak) CS 31- 30. Appt City Engineer (Exempt)(Flat)(Merlo) CS POLICE 32- 31. Response Travel Information Req by Council FIN FIRE 33- 32. Req Acceptance to Expand NYS Homeland Security Grant FIN CORPORATION COUNSEL 34- 33. Municipal Code Violations Report R &F PERMITS AND INSPECTIONS 35- 34. Award Business Process Redesignto Env Mngt Assoc Inc APP 36- 35. City Owned Vehicle Use BUDGET 37- 36. Food Store License -2183 Genesee(Lov) LEG 38- 37. Second Hand Dealer 156 Elmwood(Ell) LEG 39- 38. Appt Director of Mayors Task Force on Housing(Exempt)(Flat)(Fanara) CS 40- 39. Appt Sr Special Assistant to the Comm of EDPI(Exempt)(Flat)(Ford) CS CIVIL SERVICE 41- 40. Inquiries Inc Modification Agmt- Background Investigation for Entry Police & Fire CS CITY CLERK 42- 41. Liquor License Applications R &F 43- 42. Leaves of Absence R &F 44- 43. Reports of Attendance R &F 45- 44. Notices of Appointments - Council Interns ADOPT 46- 45. Notices of Appointments- Mayors Program R &F 47- 46. Notices of Appointments- Temp /Prov /Perm CS MISCELLANEOUS 48- 47. B. Davis -Cold Springs Taxi Letter Regarding Potential Rate Increase LEG 49- 48. B. Davis - League of Women Voters Reply to Boans Letter R &F 50- 48A B. Davis - Allentown Assoc Letter Re: Stillwater Patio Request LEG 51- 48B B. Davis -BFNC Letter Requesting Capital Imp/ Masten Playground FIN,ECPKS,PW,CC 52- 49. J. Golombek -B. Drake - Concerns Raising Taxi Fares LEG 53- 50. J. Golombek -G. Hopkins- Concerns Raising Taxi Fares LEG 54- 51. M. Kearns - Enhanced Communications With FEMA WATERFRONT 55- 51A M. Kearns - Program to Identify Vacant and Vacant & Dangerous Properties CD 56- 52. P. Lytle -Appl for Restricted Use Permit Within Bflo Coastal Review Dist Queen City Landing LEG 57- 52A P. Lytle -Req to Rezone Queen City Landing -975 & 1005 Fuhrmann Blvd LEG 58- 52B P. Lytle -Req to Rezone Queen City Landing - 975 & 1005 Fuhrmann Blvd Plans LEG 59- 53. D. Lokey- Adams -Legal Aide Bureau Monthly Report April 2008 R &F 60- 54. A. Magierski -Cktg Town Bd- Approved LL to Amend Zoning Law R &F 61- 55. NYSDEC - Brownfield Site Cleanup - Franczyk Park R &F 62- 56. A. Randaccio -NFTA Req Encroachment Perm -City ROW on N Div - Btwn Oak & Ell LEG 63- 57. N. Shank - Resume to Apply for Senior Leg Asst R &F 64- 58. D. Smith -M. Gallivan- Housing Manager Marine Dr Apts WATERFRONT 65- 59. P. Snyder - Support MPLG Purchase of Main Place Ramp FIN 66- 60. R. Stanton -Pearl Street Gill & Brewery- Appeal Pres Bd Denial(Ell) LEG PETITIONS 67- 61. J. Robinson, Owner, Use 1239 Hertel for an Outdoor Patio(hrg 6 /3)(Del) LEG,CPBD 68- 62. P.Lytle, Agent, Use 975 Fuhrmann Blvd to Enlarge a 6 Story Bldg to 8 Stories (hrg 6 /3)(South) LEG,CPBD 69- 62A P. Lytle, Agent, Rezone 975 & 1005 Fuhrmann Blvd(hrg 6 /17)(South) LEG,CPBD,PRES BD,ZONING BD 70- 63. R. Santoro, Agent, Use 2299 South Park for a Pole Sign(no pub hrg)(South) LEG,CPBD 71- 64. R. Santoro, Agent, Use 1606 Kenmore for a Ground Sign ( no pub hrg)(North) LEG,CPBD 72- 65. G. Sarach, Agent,Use 31 Abbott Rd -Used Car Lot(no pub hrg) (South) LEG,CPBD 73- 66. V. DiFrancisco & O -Stop COB and D'Youville College From Closing off Fargo Ave to Motor Vehicles LEG,CPBD 74- 67. J. Dutka & O- Support Patios 483 and 487 Delaware LEG,CPBD 75- 68. G. Shroder & O- Against Patios 483 and 487 Delaware LEG,CPBD RESOLUTIONS 101- 68A Davis HRM -Req NYS Leg to App Bill to Auth Expenditure of Proceeds From Bonds Issued by COB /Reconst Sts & Sidewalks ADOPT 102- 69. Davis HRM -Req That The NYS Leg Pass Bills to Provide A Plan to Spend Monies Received From Gaming Facility in the COB ADOPT 103- 69A Golombek NYSDEC -Urban Forestry Grant ADOPT 104- 69B Kearns,etc Honor James D. Griffin - Downtown Baseball Stadium ADOPT 105- 70. Kearns Support of EC Initiative to Improve Real Property Tax service and Assessment Admin Countywide ADOPT 106- 70A LoCurto Permission to Hang Banners on Hertel Ave ADOPT 107- 71. Rivera Appt Assistant Leg Aide ADOPT - - - - -- 71A Rivera Appt Senior Leg Asst (Bellfield) OBJECT 108- 72. Russell Budget & Personnel Amend - Admin & Fin APP 109- 72A Smith Urging The NYS Leg to Update NY Bottle Bill LEG 110- 73. Smith Comm of Deeds Public Duties ADOPT 111- 74. Smith Comm of Deeds ADOPT CIVIL SERVICE 76- 1. Com 14 May 13 Appt Principal Accountant (Prov)(Max)(Whitcomb) (Com pt) APP 77- 2. Com 40 May 13 Documentation of Monitors Pay for Civil Sery Exams(CS) R &F FINANCE 78- 3. Com 34 May 13 Award Business Process Redesign to Env Mngt Assoc(EDPI) R &F 79-4. No 48 May 13 B. Davis -BFSA Response Req to Audit Books R &F 80-5. No 54 May 13 M. Kearns -Bflo Water Bd -Info Mngt Agreement R &F 81-6. No 55 May 13 M. Kearns -Req Clarification on Mngt Agmt Btwn Bflo Water Bd and AWS R &F 82-7. No 57 May 13 M. Kearns -J. Heffron- Opinion Roof Replacement Incentive R &F 83-8. No 58 May 13 M. LoCurto- Partnership for the Public Good Statement - 2008 -2009 Budget R &F 84-9. No 59 May 13 A. Machamer- Concerns -User Fee, Water Bills and Tote Size R &F COMMUNITY DEVELOPMENT 85- 10. No 70 Dec 11 J. Golombek -M. Brockmyre- Concerns With the BOPC -20 Yr Plan R &F 86- 11. Com 28 Mar 18 Year 33 Community Development Quarterly Reports 5/1/07- 7 /31 /07(Comm Svs) R &F 87- 12. Com 29 Mar 18 Year 33 Community Development Quarterly Reports 11 /1 /07 -1 /31 /08(Comm Svs) R &F LEGISLATION 88- 13. No 70 May 13 J. McCarthy, Agent, Use 483 Delaware, Sidewalk Cafe & Patio in Rear Yard (EII)(hrg 5/20) REC 89- 14. No 72 May 13 O. Rauvenpoor, Agent, Use 494 Franklin AKA 69 Allen, Renovation of Interior Restaurant (EII)(hrg 5/20) APP 90- 15. No 73 May 13 J. Kawczynski, Agent, Use 93 Maple St, Replacement Ground Sign (EII)(no pub hrg) APP 91- 16. No 75 May 13 V. DiFrancisco & Others -Stop COB & D- Youville College From Closing Off Fargo Ave to Motor Vehicle Traffic (Nia) R &F 92- 17. Com 30 May 13 Use Portion of ROW of N. Division St Btwn Oak & Ellicott (EII)(PW) APP 93- 18. No 46 May 13 B. Davis -M. Hwang -Info Housing Units CD 94- 19. No 62 May 13 C. Paladino -Req Resolution CCP #112, 4/29/08 be Rescinded R &F 95- 20. Res 111 May 13 Trailblazing Sign Req for Rose Procknal APP 96-21 Res 115 May 13 Ord Amendment -Ch 413 Streets and Sidewalks APP MIT 97- 22. No 103 May 13 Ord Amed -Ch 413 Streets and Sidewalks( #122,4/29) R &F 98- 23. No 108 May 13 Food Store License -1421 Main (Masten)(EDPI)( #33,04/01) APP 99- 24. Res 112 Apr 29 Req NYS Leg to Prohibit Indiv. Who Make Racially- Offensive or Insensitive Remarks From Maint. or Obtaining Public Leases(exc 1 sc & 2 " Res) R &F 100- 25. Com 27 Feb 5 Food Store & Meat, Fish & Poultry Lisenses(EDPI) R &F CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO TUESDAY, MAY 27, 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 May 13, 2008 were approved. FROM THE MAYOR NO 1 MAYOR'S OFFICE TRAVEL Per Your Honorable Body's request, attached please find a breakdown of all City expenditures for transportation by the Mayor's office since July 1, 2006. As evident by this submission, it is clear that our office's travel was justified, and in many cases essential in leveraging record increases in state -aid, and other funding opportunities for several City initiatives. As you know the Mayor's office has stayed within its budgeted travel lines. Furthermore, as stated in my annual budget message, given the vulnerability of the state and federal economies, I have directed to all City Department Heads that only the most essential travel will be authorized by my Administration in the future. Thank you for your request and I look forward to working with you in the coming year as we continue to work together to promote and improve our great City. COPY AVAILABLE IN THE CITY CLERKS OFFICE FOR REVIEW REFERRED TO THE COMMITTEE ON FINANCE NO2 APPOINT STEVEN J. STEPNIAK COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS Pursuant to Article 15, section 15 -2 of the Charter of the City of Buffalo, I hereby appoint Steven J. Stepniak, 152 Dorrance, Buffalo, New York, 14218 to the position of Commissioner of Public Works, Parks and Streets. Mr. Stepniak has been serving as Acting Commissioner of Public Works, Parks and Streets since August 22, 2007. He was promoted to the position of Director of Sanitation in June 2007 and served as Director of Street Cleaning and Snow Removal from July 2003 until January 2006. Mr. Stepniak holds the permanent title of Senior Engineer in Public Works, Parks and Streets. I hereby certify that Steven Stepniak is well qualified to discharge the duties of Commissioner of Public Works, Parks and Streets. I urge this Honorable Body to confirm Mr. Stepniak as the Commissioner of Public Works, Parks and Streets. REFERRED TO THE COMMITTEE ON LEGISLATION FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE CITY PLANNING BOARD NO3 SEQRA NOTICE OF DETERMINATION NON SIGNIFICANCE NEGATIVE DECLARATION This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (SEQR - State Environmental Quality Review) of the Environmental Conservation Law. Lead Agency: City of Buffalo Planning Board Room 901, City Hall 65 Niagara Square Buffalo New York 14202 As per the provisions of SEQR, the Lead Agency has reviewed the following action as it relates to the environment: Action Title: Trocaire College Renovation Location: 565 Abbott Road Type of Action: Unlisted- Uncoordinated Description: Trocaire College is proposing the renovation of there facility on the property located at 565 Abbott Road, Buffalo New York. The project involves new exterior accessibility improvements at the courtyard as well as interior modifications to the existing cafeteria; the construction of additional toilet rooms and an air conditioning system at the classroom wing for Trocaire College at the corner of Choate Avenue and Mercy Street. The new exterior accessibility improvements include a handicap ramp and stairway, as well as a new 1 -story, glass enclosed entrance vestibule at the existing courtyard. These improvements will provide direct access to the cafeteria of the existing 4 -story classroom wing of the College. The cafeteria renovations would include the reconfiguration of the interior space, including direct access to the courtyard as well as new finishes including gypsum board walls and ceilings, carpet tile floor, lighting, air conditioning and plumbing modification. Handicap accessible toilet rooms would be constructed. The project is privately funded with the estimated cost being approximately 2 million dollars. As a result of this Environmental Review, the Lead Agency has determined the undertaking of this, action will not have a significant adverse affect on the quality of the environment, No further environmental review of this action will be conducted prior to project implementation and a Draft Environmental Impact Statement will not be prepared, Reasons Supporting This Determination: The facts and reasons for this decision are as follows: this project will allow Trocaire College to continue to upgrade its services and programs to allow better student access and facilities. The identified potential negative impacts appear to be primarily short -term site preparation and construction related activities, and do not appear to be significant in magnitude or effect. There are no actions, which will have a significant adverse impact on the environment. For further information relative to this Negative Declaration, contact Mr. Martin Grunzweig, Land Use Controls Coordinator, Room 901 City Hall, Buffalo New York 14202 - 716 851 -5085 RECEIVED AND FILED N04 SEQRA NOTICE OF DETERMINATION NON SIGNIFICANCE NEGATIVE DECLARATION This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (SEAR - State Environmental Quality Review) of the Environmental Conservation Law. Lead Agency: City of Buffalo Planning Board Room 901, City Hall 65 Niagara Square Buffalo New York 14202 As per the provisions of SEAR, the Lead Agency has reviewed the following action as it relates to the environment: Action Title: LBJ Midrise Apartment Building Location: 47 East Amherst Street Type of Action: Unlisted- Coordinated Description: El Team Incorporated - Architecture & Engineering is proposing the construction of a senior housing complex on the property located at 47 East Amherst Street Buffalo New York. The project involves the construction of a 220,000 square foot five -story building to be used for two hundred units of Senior Citizen public housing. The proposed building will also include a one -story portion that would house common use and administrative areas. The buildings structural system is steel and concrete and the exterior finishes include masonry at the first floor level and monolithic finish systems /glass at the second through fifth floors. The demolition of a building constructed in 1946 as a bowling alley facility will also take place as a result of this proposed project. The project is a combination of private funds and Housing and Urban Development funds. The total cost of this project is approximately 36,000,000.00 As a result of this Environmental Review, the Lead Agency has determined the undertaking of this action will not have a significant adverse affect on the quality of the environment. No further environmental review of this action will be conducted prior to project implementation and a Draft Environmental Impact Statement will not be prepared. Reasons Supporting This Determination: The facts and reasons for this decision are as follows: This new building will allow for Senior Citizens now living in a older BMHA Senior Development to move into a modem up to date facility that will better meet their many diverse needs as well as demolish a building that has been an eyesore to the community for many years. The identified potential negative impacts appear to be primarily short-term site preparation and construction related activities, and do not appear to be significant in magnitude or effect. There are no actions, which will have a significant adverse impact on the environment. For further information relative to this Negative Declaration, contact Mr. Martin Grunzweig, Land Use Controls Coordinator, Room 901 City Hall, Buffalo New York 14202 - 716 851 -5085 RECEIVED AND FILED N06 SEQRA NOTICE OF DETERMINATION NON SIGNIFICANCE NEGATIVE DECLARATION This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (SEAR - State Environmental Quality Review) of the Environmental Conservation Law. Lead Agency: City of Buffalo Planning Board Room 901, City Hall, 65 Niagara Square Buffalo New York 14202 As per the provisions of SEQR, the Lead Agency has reviewed the following action as it relates to the environment: Description: Flynn Battaglia Architects on behalf of the Genesee Gateway, LLC is proposing the rehabilitation of the properties located at 103 -125 Geneses Street Buffalo New York. The Geneses Gateway Reconstruction Project involves the renovation of a late 1 gm Century block of abandoned buildings located on the south side of Geneses Street between Ellicott and Oak Street. The buildings are being renovated for commercial use. The project also includes a new mid block infill building as well as additions fur circulation on the south side of the buildings. In addition, a 1980s rooftop concrete masonry addition will be removed. This area will be reconstructed using the original mansard roof design. The existing masonry exterior walls will be retained, repaired, and re- pointed. Several modified window openings will be restored and windows matching the double hung pattern will be installed. A new roof will also be installed. Much of the original interior floor and wall framing has been removed. These areas will be reframed to reestablish the original floor levels. Where it exists, wood floor framing will be retained and repaired, The buildings will have completely new mechanical systems /electrical and plumbing. A central elevator bank of paired elevators will be installed for use by the entire complex. The development will generally follow the Secretary of Interior Standards for Historic Preservation. The new infill building will be built usin a masonry veneer exterior with punched window openings and a metal storefront. The building aesthetic will be developed to complement the late 19 century, early 20 century architecture of the existing buildings. The site is serviced by public utilities. A new electric service and transformer will be installed to handle the electric needs of the site. The buildings are not listed on the local or state historic registry. The project is privately funded with the estimated cost being approximately 6.6 million dollars. As a result of this Environmental Review, the Lead Agency has determined the undertaking of this action will not have a significant adverse affect on the quality of the environment. No further environmental review of this action will be conducted prior to project implementation and a Draft Environmental Impact Statement will not be prepared. Reasons Supporting This Determination: The facts and reasons for this decision are as follows: this project will allow the restoration and reuse of buildings that have been in disrepair and vacant for many years in the core Downtown Buffalo area. The identified potential negative impacts appear to be primarily short -term site preparation and construction related activities, and do not appear to be significant in magnitude or effect. There are no actins, which will have a significant adverse impact on the environment. For further information relative to this Negative Declaration, contact Mr. Martin Grunzweig, Land Use Controls Coordinator, Room 901 City Hall, Buffalo New York 14202 - 716 851 -5085 RECEIVED AND FILED N06 SEQRA NOTICE OF DETERMINATION NON SIGNIFICANCE NEGATIVE DECLARATION This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (SEQR - State Environmental Quality Review) of the Environmental Conservation Law. Lead Agency: City of Buffalo Planning Board. Room 901, City Hall 65 Niagara Square Buffalo New York 14202 As per the provisions of SEQR, the Lead Agency ha, a reviewed the following action as it relates to the environment: Action Title: Mixed Use Building, Former School Location: 257 Lafayette Avenue Type of Action: Unlisted- Coordinated Description: Karl Frizlen Architect, Paul Johnson General Contractor is proposing the rehabilitation of a former School building located on the property at 257 Lafayette Avenue, Buffalo Hew York. The project involves the conversion on of an existing 35,000 sq. ft. three story building into twenty apartments with office and daycare space (11,000 sq. ft.). The building was originally built as a Catholic School in 1928 and was used as a school until it was recently vacated by the Catholic Academy of Buffalo. The owners are proposing on site parking in front of the building. The site has no current parking spaces available. The new parking would require a variance from the Zoning Board of Appeals. The parking area would be heavily landscaped to provide a buffer between the sidewalk and the parking area, The rear of the property would have a landscaped yard (playground) area available for use by the daycare center. Most of the proposed work will take place in the Interior of the building with glass replacement taking place on the exterior (existing windows repaired) The project is privately financed with the total amount approximately $3.0 million dollars. As a result of this Environmental Review, the Lead Agency has determined the undertaking of this action will not have a significant adverse affair on the quality of the environment. No further environmental review of this action will be conducted prior to project implementation and a Draft Environmental Impact Statement will not be prepared. Reasons Supporting This Determination: The facts and reasons for this decision are as follows: this project will allow the reuse of a building that is currently empty and would avoid the possible deterioration of the property. The project would also help keep the neighborhood (Grant /Lafayette) a strong viable area. The identified potential negative impacts appear to be primarily short -term site preparation and construction related activities, and do not appear to be significant in magnitude or effect. There are no actions, which will have a significant adverse impact on the environment, For further information relative to this Negative Declaration, contact Mr. Martin Grunzweig, Land Use Controls Coordinator, Room 901 City Hall, Buffalo New York 14202 - 718 851 -5085 RECEIVED AND FILED N07 SEQRA NOTICE OF DETERMINATION NON SIGNIFICANCE NEGATIVE DECLARATION This notice is issued pursuant to Part 817 of the implementing regulations pertaining to Article 8 (SEQR - State Environmental Quality Review) of the Environmental Conservation Law. Lead Agency: City of Buffalo Planning Board Room 901, City Hall 65 Niagara Square Buffalo New York 14202 As per the pr visions of SEQR, the Lead Agency has reviewed the following action as it relates to the environment: Action Title: Building Renovation Location: 1373 Main St Type of Action: Unlisted- Uncoordinated Description: Bethesda World Harvest Church is proposing the renovation of the building located at 1365 Main Street, Buffalo New York. The project involves the cleaning up of the exterior facades and the r placement of windows and doors with insulated glass and framing members. There will be new energy efficient furnaces and air conditioning systems along with new duct work to insure proper ventilation. Each suite will have its own electrical service and meter control for each area. All new lighting will be state of the art for efficiencies and quality light sources throughout the entire building, along with emergency lights, exit signs and smoke and fire detectors. The project is privately funded with the estimated cost being approximately 250,000 dollars. As a result of this Environmental Review, the Lead Agency has determined the undertaking of this action will not have a significant adverse affect on the quality of the environment. No further environmental review of this action will be conducted prior to project implementation and a Draft Environmental Impact Statement will not be prepared. Reasons Supporting This Determination: The facts and masons for this decision are as follows: this project will allow Bethesda World Harvest Church to continue to upgrade its facility and to provide service to the community as well as improve a building at a prominent comer in the City. The identified potential negative impacts appear to be primarily short -term site preparation and construction related activities, and do not appear to be significant in magnitude or effect. There are no actions, which will have a significant adverse impact on the environment. For further information relative to this Negative Declaration, contact Mr. Martin Grunzweig, Land Use Controls Coordinator, Room 901 City Hall, Buffalo New York 14202 - 716 851 -5085 RECEIVED AND FILED N08 SEQRA NOTICE OF DETERMINATION NON SIGNIFICANCE NEGATIVE DECLARATION This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (SEQR - State Environmental Quality Review) of the Environmental Conservation Law. Lead Agency: City of Buffalo Planning Board Room 901, City Hall 65 Niagara Square Buffalo New York 14202 As per the provisions of SEQR, the Lead Agency has reviewed the following action as it relates to the environment: Action Title: Athletic Field, Scoreboards, Canisius College Location: 1829 Main Street Type of Action: Unlisted- Uncoordinated Description: Canisius College is proposing the replacement of their athletic field and scoreboards on the property located at 1829 Main Street, Buffalo New York. The project involves replacing worn -out facilities with new ones at the same location for the same purpose. The current turf was installed in 1999 and is in need of replacement. The field is used primarily for college athletic events with occasional other sports activities involving local residence. The project is privately funded with the estimated cost being approximately 1.3 million dollars. As a result of this Environmental Review, the Lead Agency has determined the undertaking of this action will not have a significant adverse affect on the quality of the environment. No further environmental review of this action will be conducted prior to project implementation and a Draft Environmental Impact Statement will not be prepared. Reasons Supporting This Determination: The facts and reasons for this decision are as follows: this project will allow Canisius college to maintain quality sports and physical education programs. The identified potential negative impacts appear to be primarily short - term site preparation and construction related activities, and do not appear to be significant in magnitude or effect. There are no actions, which will have a significant adverse impact on the environment. For further information relative to this Negative Declaration, contact Mr. Martin Grunzweig, Land Use Controls Coordinator, Room 901 City Hall, Buffalo New York 14202 - 716 851 -5085 RECEIVED AND FILED N09 SEQRA NOTICE OF DETERMINATION NON SIGNIFICANCE NEGATIVE DECLARATION This notice is issued pursuant to Part 517 of the implementing regulations pertaining to Article 8 (SEQR - State Environmental Quality Review) of the Environmental Conservation Law. Lead Agency: City of Buffalo Planning Board Room 901, City Hall 65 Niagara Square Buffalo New York 14202 As per the provisions of SEQR, the Lead Agency has reviewed the following action as it relates to the environment: Action Title: 2 nd floor Deck Extension Location: 72 -76 Pearl Street Type of Action: Type I - Coordinated Description: Louis Design Group Architects on behalf of the Pearl Street Grill & Brewery is proposing a deck addition on the property located at 72 -76 Pearl Street Buffalo New York. The deck addition was denied by the Preservation Board, however the Buffalo Common Council approved the appeal filed by Earl Kerry Owner, allowing the deck addition to move forward. The deck is an approximately 497 Sq. Ft. extension of the existing deck. The new deck will be an addition to a number of decks recently completed on this building. The project is privately funded with the estimated cost being approximately 30,000 dollars. As a result of the Environmental Review, the Lead Agency has determined the undertaking of this action will not have a significant adverse affect on the quality of the environment No further environmental review of this action will be conducted prior to project implementation and a Draft Environmental Impact Statement will not be prepared, Reasons Supporting The Determination: The facts and mesons for this decision are as follows: this project will allow the Pearl Street Grill and Brewery to Improve its facility to allow access for a larger number of customers that may result in more employee opportunities. The identified potential negative impacts appear to be primarily short -term site preparation and construction related activities, and do not appear t— be significant in magnitude or effect. There are no actions, which will have a significant adverse impact on the environment. For further information relative to this Negative Declaration, contact Mr. Martin Grunzweig, Land Use Controls Coordinator, Room 901 City Hall, Buffalo New York 14202 - 716 851 -5085 RECEIVED AND FILED NO 10 SEQRA NOTICE OF DETERMINATION NON SIGNIFICANCE NEGATIVE DECLARATION This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (SEAR - State Environmental Quality Review) of the Environmental Conservation Law. Lead Agency: City of Buffalo Planning Board Room 901, City Hall 65 Niagara Square Buffalo New York 14202 As per the provisions of SEAR, the Lead Agency has reviewed the following action as it relates to the environment: Action Title: Willert Park Homeownership Zone Location: See Addresses Listed Below Type of Action: Unlisted- Coordinated Description: The City of Buffalo Urban Renewal Agency is proposing the construction of fifteen new single family homes on the properties located at 7 Kane, 20 Kane, 30 Kane, 66 Kane, 75 Kane, 290 Mortimer, 320 Mortimer, 303 Mortimer, 309 Mortimer, 334 Mortimer, 373 Walnut, 573 Spring, 480 Spring, 14 Camp, 31 Eureka, Buffalo New York. The new homes will be offered for sale to low and moderate income households over scattered sites. The lots have been combined to create buildable lots with sufficient size as required by the zoning regulations. There will be no relocation involved with this project. All sites will adhere to the Buffalo Urban Renewal Agency Soils Remediation Technical Specifications Plan and be environmentally clean for construction. All sites will be landscaped. As a result of this Environmental Review, the Lead Agency has determined the undertaking of this action will not have a significant adverse affect on the quality of the environment. No further environmental review of this action will be conducted prior to project implementation and a Draft Environmental Impact Statement will not be prepared. Reasons Supporting This Determination: The facts and reasons for this decision are as follows: this project will take a long vacant parcels of land and create a positive change for the neighboring community. The identified potential negative impacts appear to be primarily short -term site preparation and construction related activities, and do not appear to be significant in magnitude or effect. There are no actions, which will have a significant adverse impact on the environment. For further information relative to this Negative Declaration, contact Mr. Martin Grunzweig, Land Use Controls Coordinator, Room 901 City Hall, Buffalo New York 14202 - 716 851 -5085 RECEIVED AND FILED FROM THE OFFICE OF STRATEGIC PLANNING NO 11 ACCESS REQUESTED BY BUFFALO CHINA, INC. TO CITY -OWNED PROPERTIES AT 82, 112 AND 118 HARRISON STREET AND 66 LESTER The City has received a request from Buffalo China, Inc. to access City -owned real property located at 82, 112 and 118 Harrison Street and 66 Lester in Buffalo. The Harrison Street properties are partially occupied by Buffalo Public School administrative offices. Access is being requested to the City -owned properties in connection with Buffalo China's obligations under a Brownfield Site Clean -up Agreement for the former Buffalo China Site at 51 Hayes Place. Specially, the New York State Department of Environmental Conservation (NYSDEC) is requiring Buffalo China to develop and perform a site investigation work plan ( "Work Plan ") to investigate and determine the extent of contamination from Buffalo China's operations both within the boundaries and in the general vicinity of the former Buffalo China facility. The site investigation will be narrowly focused on determining the extent to which potential contaminants specific to Buffalo China's operations at 51 Hayes Place have migrated from the Buffalo China facility to other properties in the general vicinity of Buffalo China. The subject City -owned properties are just a few of the properties in the area that Buffalo China is being required to investigate. Buffalo China will be responsible for any required clean -up of contaminants that have migrated from Buffalo China's operations to the subject City -owned properties. The access requested by Buffalo China to the City -owned properties specifically relates to NYSDEC's requirement that up to approximately twelve (12) surface soil samples be collected from various locations on the City -owned properties and that up to two ground water monitoring wells be installed on the City -owned properties. In addition, one ground water monitoring well is to be located in the City -owned Harrison Street right of way behind 141 Milton. Our department requests permission from your Honorable Body to enter into any necessary access agreements with Buffalo China, Inc. and or its contractor in order to facilitate the site investigation work plan and subsequent monitoring required by NYSDEC. Areas of concern to the City which will be addressed in the access agreement are as follows: Adequate Buffalo School District personnel notice and involvement for the access • Adequate insurance coverage and indemnities • Assurances of appropriate property restoration • Job area safety • Such other conditions as are requested by the Office of Strategic Planning and the Law Department • Updates and notification to the City on all relevant remediation and/or monitoring work progress and field and test results. I am recommending that your Honorable Body authorize the Corporation Counsel to prepare the necessary access agreements between the City of Buffalo and Buffalo China and Buffalo China's contractor and that the Executive Director, Office of Strategic Planning, be authorized to execute the same. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO 12 RENEW LEASE AGREEMENT BETWEEN THE CITY OF BUFFALO AND THE SOUTH BUFFALO POST NO. 721, INC. OF THE AMERICAN LEGION FOR USE OF 136 CAZENOVIA STREET SOUTH DISTRICT The Office of Strategic Planning, Division of Real Estate, was been informed by Councilmember Kearns that the South Buffalo Post #721 would like to renew their lease agreement for an additional five (5) years. This lease shall commence retroactively on December 1,2007 and expire on November 30, 2012 all other terms and conditions of the expired lease shall remain the same. Their lease terms included but are not limited to the following: 1. Annual rental fee One Dollar and no more. 2. The Lessee will be responsible for the payment of all utilities, if applicable including but not limited to gas, water, sewer charges and electricity. 3. The Lessee shall pay the garbage user fee and costs for the pickup and removal of solid wastes from the premises. 4. Lessee shall not sublet, assign or in any way encumber all or any of its rights under this leasehold without written approval of the City. 5. Lessee shall be responsible for the costs of all minor repairs and maintenance and shall keep the premises in a clean and healthful condition. The City shall be responsible for all major repairs and maintenance thereon. Major repairs shall be deemed as those structural in nature and affecting the use of permanent fixtures thereon in a significant manner, both to the exterior and interior of the premises. 6. Lessee will hold the City harmless of and from any and all liability of whatever name and nature in amounts deemed necessary by the City Law Department. This office recommends that Your Honorable Body renew their present lease agreement for an additional five -year period commencing retroactively on December 11, 2007 and terminating on November 30, 2012. 1 am further recommending that Your Honorable Body authorize the Corporation Counsel to prepare the necessary documents to renew said lease 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 22, 2008, be received and filed; and That the Director of Real Estate be, and he hereby is authorized to renew the lease between the City and South Buffalo Post #721, Inc. of the American Legion for use of 136 Cazenovia Street for an additional five (5) year term commencing retroactively on December 1, 2007 and expiring November 30, 2012. All other terms and conditions of said lease agreement shall remain including but not limited to the conditions as listed in the above communication. That the Corporation Counsel be authorized to prepare the necessary lease and that the Mayor be authorized to execute the same. PASSED AYES -9 NOES -0 NO 13 COMMON COUNCIL'S REQUEST FOR CITY DEPARTMENTS AND BURA TO SUBMIT TRAVEL EXPENSES FROM 7/2006 Please accept the attached in response to Common Council's request for a summary of all travel as it relates to the Office of Strategic Planning and the Buffalo Urban Renewal Agency (BURA). COPY AVAILABLE IN THE CITY CLERKS OFFICE FOR REVIEW REFERRED TO THE COMMITTEE ON FINANCE NO 14 RESULTS OF NEGOTIATIONS 390 HUDSON, 40' SW WADSWORTH VACANT LOT: 30'X 126' ASSESSED VALUATION: $6,000 (ELLICOTT DISTRICT) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Howarth Colon, 388 Hudson Street, Buffalo, New York 14201 to purchase 390 Hudson Street. Mr. Colon owns and resides at 388 Hudson Street, which is adjacent to 390 Hudson Street. He intends to use the vacant lot for additional green space. 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 ($1.00) to Two Dollars ($2.00), per square foot. The results of our negotiations are that Mr. Colon has agreed and is prepared to pay Five Thousand Six Hundred Dollars ($5,600), the equivalent of one Dollar and Fifty Cents ($1.50) per square foot for the subject property. Mr. Colon 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 390 Hudson Street in the amount of Five Thousand Six Hundred Dollars ($5,600). 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 April 18, 2008, be received and filed; and That the offer from Howarth Colon, residing at 388 Hudson, in the sum of five thousand and six hundred dollars ($5,600.00) for the purchase of 390 Hudson, 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 15 RESULTS OF NEGOTIATIONS 175 LOMBARD, 375' N PADEREWSKI VACANT LOT: 30'X 108' ASSESSED VALUATION: $1,400 ( FILLMORE DISTRICT) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Phillip S. Ferguson, 179 Lombard Street, Buffalo, New York 14212 to purchase 175 Lombard Street. Mr. Ferguson owns and resides at 179 Lombard Street, which is adjacent to 175 Lombard Street. Mr. Ferguson intends to use this vacant lot for additional green space after demolition of the structure is completed Demolition should occur within the next few weeks. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. The Division of Real Estate has investigated the sale of similar lots in the subject area. Sales range from Forty Cents ($.40) to Sixty -Five Cents ($.65), per square foot. The results of our negotiations are that Mr. Ferguson has agreed and is prepared to pay One Thousand Eight Hundred Dollars ($1,800), Fifty -Five Cents ($.55) per square foot for the subject property. Mr. Ferguson 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 175 Lombard Street in the amount of One Thousand Eight Hundred Dollars ($1,800). 1 am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. Mr. Fontana moved: That the above communication from the Office of Strategic Planning dated April 21, 2008, be received and filed; and That the offer from Phillip S. Ferguson, residing at 179 Lombard, in the sum of one thousand and eight hundred dollars ($1,800.00) for the purchase of 175 Lombard, 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 16 RESULTS OF NEGOTIATIONS 453 SWEET, 466.36 S WALDEN VACANT LOT: 30'X 94' ASSESSED VALUATION: $1,500 FILLMORE DISTRICT The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Ahmed M. Jamil, 457 Sweet Avenue, Buffalo, New York 14211 to purchase 453 Sweet Avenue. Mr. Jamil owns and resides at 457 Sweet Avenue, which is adjacent to 453 Sweet Avenue. He intends to use the vacant lot for additional yard space. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. The Division of Real Estate has investigated the sale of similar lots in the subject area. Sales range from Forty -Five Cents ($.45) to Sixty - Five Cents ($.65), per square foot. The results of our negotiations are that Mr. Jamil has agreed and is prepared to pay One Thousand Six Hundred Dollars ($1,600), the equivalent of Fifty -Five Cents ($.55) per square foot for the subject property. Mr. Jamil 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 453 Sweet Avenue in the amount of One Thousand Six Hundred Dollars ($1,600). 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 April 21, 2008, be received and filed; and That the offer from Ahmed M. Jamil, residing at 457 Sweet Avenue, in the sum of one thousand and six hundred dollars ($1,600.00) for the purchase of 453 Sweet Avenue, be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the 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 17 CERTIFICATE OF APPOINTMENT Appointment Effective May 12, 2008 in the Department of Executive, Division of Office of Strategic Planning to the Position of Executive Director, Exempt, Flat Starting salary of $73,335. Andrew M. Eszak, 50 Wilbury Place, Buffalo 14216 V A 9AV:» III tell r. I:9K6 ]dildiIIa1:10i7►[yD /1I&IA:ITA[yq FROM THE COMPTROLLER NO 18 AUDIT OF MAYOR'S IMPACT TEAM In response to the Council's request for an immediate audit of the Mayor's Impact Team, following an incident on April 25, 2008, resulting in the suspension of three city workers, I am filing this preliminary report pending completion of the full audit. Let me begin by commending the mayor for his swift disciplinary action in the matter in which workers were found to be performing landscaping work during regular working hours at the private property of one of the individuals involved. Such actions are an abuse of the public trust and cannot be tolerated. The mayor's response is appropriate and sends the right message to the work force and the public. But in this matter, there is more to be done. What we have found in our preliminary review of the Mayor's Impact Team is a lack of controls across the board that in effect condones an environment where incidents like the one that allegedly occurred on April 25 can take place. Let me cite a few examples. A spot check on May 13 at the Impact Team's headquarters in Shoshone Park found time sheets that had been signed twice for the day, even though the workday was not yet complete. Also at Shoshone Park we discovered poor inventory controls with a lack of proper marking and reliance mostly on the memory of one employee. We also found areas of concern regarding fuel, a costly item in the current economic environment. Four employees have access to the Fuelmaster system but gas cans can be filled for mowers and gas - powered equipment with no odometer readings, using instead the reading from the truck carrying the equipment. If a gas container can be filled, so can an unregistered vehicle, or at least topped off. Tighter controls are obviously needed. As to the day in question, April 25, according to M1 T officials, members of the Impact Team were absent without leave that afternoon when the work on the private residence took place. The sign -out sheets for that day indicate that two employees including the crew chief, who approved the time sheet, signed out at noon. Another worked signed in and out and later crossed his name out altogether. After the fact, a slip requesting a day off for that employee appeared in Public Works offices, signed by the crew chief. There are no records to account for the use of city vehicles or equipment. According to payroll records, an employee was paid for eight hours even though the time sheets reviewed by my auditors indicated less than a full day's work was done. One employee was credited with a personal day off, but was suspended in relation to the incident. The crew chief was correctly paid for five hours. An adjustment of salaries to reflect the correct number of hours worked is warranted. There is no proof that time sheets were altered or changed, but the fact remains the opportunity was clearly present. Clearly, what is recorded on the time sheets for April 25 does not match what was reported to the timekeeper. Since there seems to have been a practice of pre - signing time sheets, it is uncertain whether an employee worker the time stated on any given day. We will provide the Council with the complete audit shortly. The need for stronger controls and oversight is evident and should be implemented immediately. I should note the vitally important work performed by the Mayor's Impact Team and the need to have them continue to provide their services to the community. I'm confident that with the proper controls in place, the Impact Team will become even more valuable as a city resource. We will have more recommendations in the full audit report. REFERRED TO THE COMMITTEE ON FINANCE FROM THE COMMISSIONER OF MANAGEMENT INFORMATION SYSTEMS NO. 19 CONTRACT INFORMATION ON LINE ITEM NO. 78 CCP OCT 5, 2007 Current Availability online - All RFPs are posted on City's website with relevent documents. The prospective responders can submit questions online. All Q & A are arso posted on line. Current Contract Information available in Databases - Only the financial aspects of the Contract are being kept in Munis database. It contains Vendor Name, brief description of the contract, award and expiration date, total and revised amounts, total expended and available amounts and department associated with the contract. The actual copies of the contract and bidders information is on paper only. Possible Solution - Law department is in the process of implementing a new contract management software acquired from Corporate Legal Standards. The software is web based and will track the contract from it's inception to it's completion. MIS can put together necessary tools to collect the data from Munis, Contract Management software and compile it with the bidders information into a central database and we can make the information available on City's web site. However we do not have access or ownership of all the information needed. City's Contract Management office should take ownership of the process, help in collection of the data and be responsible for maintaining the data on regular basis. REFERRED TO THE COMMITTEE ON FINANCE FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO. 20 BABCOCK STREET BRIDGE RECONSTRUCTION PROJECT - PARTIAL ASSIGNMENT OF EASEMENT RIGHTS FROM CITY TO NATIONAL GRID (NIAGARA MOHAWK) The City of Buffalo Department of Public Works, Parks and Streets is in the process of reconstructing the Babcock Street Bridge. Several permanent easements were acquired by the City in order to facilitate the bridge reconstruction project. The bridge reconstruction involves significant grade changes in and to the grounds immediately supporting the reconstructed bridge structure. Certain of National Grid's (Niagara Mohawk Power Corporation's) existing underground electrical current conductors which lay under the ground under the bridge will be rendered inaccessible for repair and maintenance purposes because of the significant ground grade changes being made in connection with the bridge reconstruction. National Grid has requested that the City of Buffalo Department of Public Works, Parks and Streets and the City of Buffalo's Office of Strategic Planning's Division of Real Estate allow for a partial assignment to National Grid of the City's newly acquired easement rights in order to allow or afford National Grid the right to relocate the National Grid conductors out of the changed grade area and into the City's newly acquired easement area. The City's recently acquired permanent easements contemplate and provide for these arrangements for electrical and other facilities. Our Department, with input from the City's Law Department, has negotiated the necessary Partial Assignment of Easement Rights agreement with National Grid in order to facilitate National Grid's electrical current conductor placement and maintenance /replacement rights within the City's recently acquired permanent easement areas. A copy of the proposed Partial Assignment of Easement Rights is attached for your review and comment or approval. I am requesting and recommending that your Honorable Body authorize the Mayor to execute the Partial Assignment of Easement Rights 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 all of the foregoing and the Partial Assignment of Easement Rights. Mr. Fontana moved That the above communication from the Commissioner of Public Works, Parks and Streets dated May 5, 2008, be received and filed; and That the Mayor be, and he hereby is authorized to execute the Partial Assignment of Easement Rights from the City to National Grid for the Babcock Street Bridge Reconstruction Project. That the Common Council authorize all action and the execution of all such documents as are necessary to implement, effectuate and facilitate the intent of all of the foregoing and the Partial Assignment of Easement Rights. PASSED AYES -9 NOES -0 NO. 21 CHANGE IN CONTRACT FRANCZYK PARK ENVIRONMENTAL REMEDIATION FILLMORE DISTRICT I hereby submit to Your Honorable Body the following changes for Franczyk Park, Environmental Remediation, Hohl Industrial Services, C #92011251. 1. Additional removal and disposal of hazardous contaminated soil /fill by estimated 2100 tons. 2. Add tapping sleeve and valve for water service. Add $989.02 3. Add chain link fence along north property border. Add $9,121.87 4. Survey new grade for proposed parking lot. Add $252.54 5. Add exploratory cover excavation along Lewis St. path per NYSDEC. Add $1,455.75 6. Additional stone for new grade of asphalt path along soccer field. Add $946.68 7. Removal of rail track found in proposed parking lot area. Add $1,326.93 8. Add concrete riser for catch basin in proposed parking lot. Add $379.28 9. Tree removals along Babcock Street. Add $1,137.36 10. Install new soil cover system between sidewalk and curb per NYSDEC Add $ 800.27 The foregoing change results in a net increase in the contract of Five Hundred Twelve Thousand Five Hundred Thirty Four and 70/100 Dollars ($512,534.70). Costs have been reviewed by the consulting engineer, TVGA Consultants, and the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in 31640006 445100 - Division of Buildings. Mr. Fontana moved That the above communication from the Commissioner of Public Works, Parks and Streets dated May 15, 2008, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue change order No. 2, to Hohl Industrial Services, an increase in the amount of $512,534.70, as more fully described in the above communication, for work relating to Franczyk Park, Environmental Remediation, C #92011251. Funds for this project are available in 31640006 445100 - Division of Buildings. PASSED AYES -9 NOES -0 NO. 22 CHANGE IN CONTRACT MILK PARK SITE IMPROVEMENTS EPF GRANT #540138 MASTEN DISTRICT I hereby submit to Your Honorable Body the following changes for MLK Park, Site Improvements, EPF Grant #540138, Louis Del Prince & Sons, Inc., C #93000025. 1. Re -grade asphalt path, remove 1 park bench from existing pad ADD $7,930.00 remove, re -grade and re -pour bench pad; reinstall bench on new pad; prep +1,420 S.F. of existing sidewalk on west side of tennis court; apply liquid asphalt tack coat to entire sidewalk to be resurfaced; mill rebate at both ends of sidewalk to be resurfaced; resurface walk to remove irregularities and low areas and to create a cross slope to pitch away from tennis courts. The foregoing change results in a net increase in the contract of Seven Thousand Nine Hundred Thirty and 00/100 Dollars ($7,930.00). Summary: Current Contract Amount $377,436.13 Amount of this Change Order Add $ 7,930.00 Revised Contract Amount $385,366.13 Costs have been reviewed by the consulting architect, Wendel Duchscherer, and the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in 31590006 445100 - Division of Buildings. Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated May 13, 2008, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue change order No. 3, to Louis Del Prince & Sons, Inc., an increase in the amount of $7,930.00, as more fully described in the above communication, for work relating to MLK Park, Site Improvements, EPF Grant #540138, C #93000025. Funds for this project are available in 31590006 445100 - Division of Buildings. PASSED AYES -9 NOES -0 NO. 23 PERMISSION TO ENGAGE SERVICES OF CONSULTING ENGINEER FOR WATER DISTRIBUTION SYSTEM IMPROVEMENTS VARIOUS LOCATIONS 1 CITYWIDE The Division of Water requests permission from your Honorable Body to hire a consulting engineer to provide design, bid, and construction phase for critical water distribution system improvements at various locations in the City. This is one of two critical water distribution system improvements projects at various locations throughout the City. The costs for consulting services is estimated not to exceed $200,000.00 and the construction cost as designed is estimated to he $2,000,000.00 Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated May 21, 2008 be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to hire a consulting engineer to provide design, bid, and construction phase consultation for critical Water Distribution System Improvements at Various Locations in the City. Funds for the consulting services are not to exceed $200,000 and the construction cost as designed are estimated to be $2,000,000. PASSED AYES -9 NOES -0 NO. 24 PERMISSION TO ENGAGE SERVICES OF CONSULTING ENGINEER FOR WATER DISTRIBUTION SYSTEM IMPROVEMENTS VARIOUS LOCATIONS 2 CITYWIDE The Division of Water requests permission from your Honorable Body to hire a consulting engineer to provide design, bid, and construction phase for critical water distribution system improvements at various locations in the City. This is one of two critical water distribution system improvements projects at various locations throughout the City. The costs for consulting services is estimated not to exceed $200,000.00 and the construction cost as designed is estimated to be $2,000,000.00 Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated May 21, 2008 be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to hire a consulting engineer to provide design, bid, and construction phase consultation for critical Water Distribution System Improvements at Various Locations 2 Citywide. Funds for the consulting services are not to exceed $200,000 and the construction cost as designed are estimated to be $2,000,000. PASSED AYES -9 NOES -0 NO. 25 REPORT OF BIDS CITY -WIDE SIDEWALK REPLACEMENT - 2008 GR. #687 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 Unit Price Increase P & J Construction Co., Inc. 709 Pleasant View Drive, Lancaster, NY 14086 $416,250.00 $457,875.00 Master's Edge, Inc. 3409 Broadway, Cheektowaga, NY 14227 $494,345.00 $543,779.50 Campobello Construction Co., Inc. 23 Stratford Road, Buffalo, NY 14216 $631,915.00 $695,106.50 1 hereby certify that the low bidder for the above project is P & J Construction Co., Inc. I respectfully recommend that your Honorable Body authorize a contract award in the amount of $ 416,250.00. Funds for this work are available in Capital Project Account #30310306 - 445100. The engineer's estimate for this work is $517,905.00. 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 Commissioner of Public Works, Parks and Streets dated May 13, 2008, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to award a contract for City -Wide Sidewalk Replacement - 2008, Group #687, to P & J Construction Co., Inc., the lowest responsible bidder, in the amount of $416,250.00. Funds for the project are available in Capital Project Account #30310306 - 445100. PASSED AYES -9 NOES -0 NO. 26 REPORT OF BIDS EMERGENCY BACKUP POWER FOR HIGH SERVICE PUMP OPERATION ELLICOTT Plans and specifications were prepared and sealed proposals accepted for installation of Emergency Backup Power for High Service Pump Operation at the Colonel Ward Treatment Complex. I hereby submit the following report of bids which were received and opened in my office at 11:00 a.m. on May 8, 2008. Frey Electric Construction CO. $2,722,000.00 100 Pearce Avenue Tonawanda, NY 14150 Ferguson Electric $2,871,000.00 333 Ellicott Street Buffalo, NY 14203 Eohl Industrial Services $2,957,000.00 770 Riverview Blvd. Tonawanda, NY 14150 Industrial Power & Lighting Corp $3,084,000.00 701 Seneca Street Buffalo, NY 14210 1 certify that foregoing is a true and correct statement of all bids received and that Frey Electric Construction Co. is the lowest responsible bidder complying with the plans and specifications. I respectfully request that your Honorable Body authorize the Commissioner of Public Works, Parks and Streets to enter into a contract with Frey Electric Construction Co. for the cost thereof to be charged to the Division of Water account 53210726 in the amount of $2,722,000.00 plus 10% for approved unit prices for a total encumbrance of $2,994,200.00. Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated May 21, 2008, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to award a contract for installation of Emergency Backup Power for High Service Pump Operation at the Colonel Ward Treatment Complex to Frey Electric Construction Co., the lowest responsible bidder, in the amount of $2,722,000.00. Funds for the project are available in the Division of Water account 53210726 in the amount of $2,722,000.00 plus 10% for approved unit prices for a total encumbrance of $2,994,200.00. PASSED AYES -9 NOES -0 NO. 27 REPORT OF BIDS ERIE CANAL HARBOR STREETS NEW WATERLINES FILLMORE Plans and specifications were prepared and sealed proposals accepted for installation of new watermains and appurtenances for the Erie Canal Harbor Streets. I hereby submit the following report of bids which were received and opened in my office at ii:00 a.m. on February 7, 2007. C. Dastro Development 2255 Bailey Avenue Buffalo, NY 14211 Kandey Company 19 Ransier Dr. West Seneca, NY 14224 WNY Contractors Inc. 2507 Browncroft Blvd., Rochester, NY 14625 Visone Construction 79 Sheldon Avenue Depaw, NY 14043 Pinto Construction Services, Inc. 1 Babcock Street Buffalo, NY 14210 1 certify that foregoing is a true and correct statement of all bids received and that C. Destro Development is the lowest responsible bidder complying with the plans and specifications. I respectfully request that your Honorable Body authorize the Commissioner of Public Works, Parks and Streets to enter into a contract with C. Destro Development for the cost thereof to be charged to the Division of Water account 53210716 in the amount of $121,00.00 plus 10% for approved unit prices for a total encumbrance of $133,100.00. Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated May 9, 2008, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to award a contract for Erie Canal Harbor Streets - New Waterlines to C. Destro Development, the lowest responsible bidder, in the amount of $121,000.00 plus 10% for approved unit prices for a total encumbrance of $133,100.00. Funds for the project are available in the Division of Water account 53210716. PASSED AYES -9 NOES -0 NO. 28 REPORT OF BIDS LASALLE PARK T BALL FIELDS ELLICOTT I requested and have received the following bids for construction of a new T Ball field at Lasalle Park, bids were received on May 9, 2008 General Contractor Base Bid Gleason's Nursery, Inc. $19,002.00 4780 Sheridan Drive Williamsville, NY 14221 Birch Grove Landscaping $26,000.00 PO Box 117 East Aurora, NY 14052 Titan Development, Inc. $27,925.00 8534 Seaman Road Gasport, NY 14067 1 hereby certify the foregoing is a true and correct statement of the bids received and that Gleason's Nursery, Inc. of Williamsville, NY is the lowest responsible bidder in accordance with the plans and specifications. I request that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to order the work on the basis of the low bids. The Engineer's estimate for this work was $19,002.00 and funds for this work are available in accounts # 30311406 - 445100. Mr. Fontana moved That the above communication from the Commissioner of Public Works, Parks and Streets dated May 20, 2008, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to award a contract for a new T -Ball Field at LaSalle Park to Gleason's Nursery, Inc., the lowest responsible bidder, in the amount of $19,002.00. Funds for the project are available in accounts #30311406 - 445100. PASSED AYES -9 NOES -0 NO. 29 REPORT OF BIDS RESURFACING OF CITY PAVEMENTS -2008 GR #686 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 Unit Price Increase Destro & Brothers Concrete Co., Inc. $2,656,325.10 $2,921,957.61 411 Ludington Street, Buffalo, NY 14206 Villager Construction Co., Inc. $2,883,000.00 $3,171,300.00 425 Old Macedon Center, Fairport, NY 14450 CATCO $3,168,655.00 $3,485,520.50 1266 Townline Road, Alden, NY 14004 1 hereby certify that the low bidder for the above project is P & J Construction Co., Inc. I respectfully recommend that your Honorable Body authorize a contract award in the amount of $ 2,921,957.61 ($2,656,325.10 bas bid + $265,632.51 unit price increase + $2,921,957.61). Funds for this work are available in Capital Project Account #30. -- 445100. The engineer's estimate for this work is $2,504,350.00. 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 Commissioner of Public Works, Parks and Streets dated May 21, 2008, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to award a contract for Resurfacing of City Pavements - 2008, Group #686, to Destro & Brothers Concrete Co., Inc., the lowest responsible bidder, in the amount of $2,921,957.61 ($2,656,325.10 base bid + $265,632.51 unit price increase + $2,921,957.61). Funds for the project are available in Capital Project Account #31310406-445100. PASSED AYES -9 NOES -0 NO. 30 CERTIFICATE OF APPOINTMENT APPT COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS(STEPNIAK) Appointment effective May 16, 2008 in the Department of Public Works, Division of Engineering to the Position of Commissioner of Public Works, Parks and Streets, Exempt Appointment at the Flat salary of $81,484.00 Steven J. Stepniak, 152 Dorance, Buffalo, NY 14220 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 31 CERTIFICATE OF APPOINTMENT APPT CITY ENGINEERING(MERLO) Appointment Effective May 16, 2008 in the Department of Public Works, Division of Engineering to the Position of City Engineer, Exempt at the flat salary of $72,401.00 Peter Merlo, 799 Bird Avenue, Buffalo, NY 14209 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF POLICE NO. 32 TRAVEL EXPENSES FROM 7/2006 ITEM# 27,CCP,4/15/08 REQ CITY DEPTS. & BURA TO SUBMIT TRAVEL EXPENSES FROM 7/2006 Attached please find the Buffalo Police Department Travel & Transportation Reimbursement Summary from 7/2006 to present, REFERRED TO THE COMMITTEE ON FINANCE FROM THE COMMISSIONER OF FIRE NO. 33 C834276 WM 2007 METROPOLITAN MEDICAL RESPONSE SYSTEM GRANT We are requesting approval to accept and expend NYS Office of Homeland Security #WM07834275 MMRS Grant funds totaling $258,145 in accordance with the grant guidelines. These funds will be used to continue to enhance the jurisdiction's Metropolitan Medical Response Plan to respond to any range of mass casualty incidents from chemical, biological, radiological, nuclear and explosive events as well as epidemic outbreaks, natural disasters, and large -scale hazardous material incidents. With these funds, we will be equipping the city with a Mass Casualty Transport Vehicle which will provide transport /care to stretcher -borne patients of mass casualty events and provide all the features of an Advanced Life Support (ALS) ambulance. Additionally, this vehicle can be used as a triage center. This vehicle will be an integral part of our regional disaster preparedness, including but not limited to the City of Buffalo MCI /Disaster Plans and the Niagara Frontier Transportation Authority Airport Emergency Response Plan. REFERRED TO THE COMMITTEE ON FINANCE FROM THE CORPORATION COUNSEL NO. 34 MUNICIPAL CODE VIOLATIONS REPORT (ITEM NO. 95. C.C.P. 02121106) Your Honorable Body has asked the Bureau of Administrative Adjudication to file a monthly report indicating the total number of violations cited by the violation type for each department, division and /or office charged with issuing violation notices. Attached is the requested report for violations cited during the month of April 2008. As you can see from the attached reports, 691 summonses were issued in April by the various departments. RECEIVED AND FILED FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT & INSPECTION SERVICES NO 35 AWARD BUSINESS PROCESS REDESIGN TO ENVIRONMENTAL MANAGEMENT ASSOCIATES, INC. Attached for your Honorable Body's review and approval is a draft contract with Environmental Management Associates, Inc. ( "EMA ") for consultation services to assist in redesigning the Department's business processes, with the goal to examine the current inspection processes, identify gaps in the processes, identify areas where technology and other changes can be applied to bridge these gaps, and design new processes that will facilitate more efficient delivery and communications of Department services to the residents and businesses of Buffalo. Under the terms and conditions of the proposed contract, EMA will be a technology partner who will ensure the success of the 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 current business processes; (3) identifying current business process gaps; (4) defining the new 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 Contract will be funded with a New York State Efficiency Grant that has been awarded to the City of Buffalo and approved by the Buffalo Fiscal Stability Authority. The 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. As the contract document has not yet been finalized, I request that your Honorable Body approve the material terms and conditions of the Draft Contract attached hereto and authorize myself and the Corporation Counsel to execute a contract not inconsistent therewith in an amount not to exceed $348,144. Funds for this purpose are available in account #24310526- 450000. COPY AVAILABLE IN THE CITY CLERKS OFFICE FOR REVIEW Mr. Fontana moved: That the above communication from the Department of Economic Development, Permit and Inspection Services dated May 22, 2008, be received and filed; and That the Commissioner of Economic Development Permit and Inspection Services and the Corporation Counsel be, and they hereby are authorized to enter into a contract with Environmental Management Associates, Inc. ( "EMA ") upon terms and conditions not inconsistent with the draft attached to the communication and in an amount not to exceed $348,144.00, to examine the current inspection processes, identify areas where technology and other changes can be applied to bridge these gaps, and design new processes that will facilitate more efficient delivery and communications of Department services to the residents and businesses of Buffalo. Funds for the project are available in account #24310526- 450000. PASSED AYES - 9 NOES — 0 NO 36 CITY OWNED VEHICLE USE #121 CCP 4/29/08 This is inform your Honorable Body that there are no employees in the Department of Economic Development, Permit and Inspection Services that are assigned 24 hour city owned vehicles. In fact, this Department does not have any city vehicles assigned to it. Thank you for your attention to this matter. REFERRED TO THE SPECIAL COMMITTEE ON BUDGET NO 37 FOOD STORE LICENSE 2183 GENESEE (LOVEJOY) Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examine (I the attached application for a Food Store License located at 2183 Genesee (Snap Express) 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 38 SECOND HAND DEALER 256 ELMWOOD (ELLICOTT) Pursuant to Chapter 254 of the City of Buffalo Ordinances please be advised that I have examined the attached application for a Second Hand Dealer License located at 156 Elmwood and find that as to form is correct. I have caused an investigation into the premises for which said application for a second hand dealer license is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspections. I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of Karen Falzone. The attached thereto for Karen Falzone d /b /a Exotica Beachwear & Tanning Inc. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION NO 39 CERTIFICATE OF APPOINTMENT Appointment Effective May 12, 2008 in the Department of Economic Development, Permit and Inspection Services Division of Rental Registration Office to the Position of Director of the Mayor's Task Force on Housing Exempt, Non - Competitive, Flat Starting Salary of $44,431 Samuel J. Fanara, 75 Edge Park, Buffalo 14216 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO 40 CERTIFICATE OF APPOINTMENT Appointment Effective May 12, 2008 in the Department of Economic Development, Permit and Inspection Services Division of Economic Development to the Position of Sr. Special Assistant to the Commissioner of EDPIS, Exempt, Appointment, Flat Starting Salary of $39,003 Geraldine Ford, 202 Manhattan St, Buffalo 14215 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE CIVIL SERVICE COMMISSION NO 41 INQUIRIES INC MODIFICATION AGREEMENT — BACKGROUND INVESTIGATION FOR ENTRY POLICE AND FIRE Attached is a MODIFICATION AGREEMENT to the CONTRACT EXTENSION with Inquiries, Inc. This company will conduct background investigations during the entry Police and Fire selection processes. This MODIFICATION AGREEMENT is needed to cover costs that exceeded the $75,000.00 service fee in the original contract of August 2007. The cost exceeded the original service fee due to the high number of entry-level candidates investigated as well as promotional candidates from BMHA. The costs, not to exceed $79,500.00, will come from our Engineering and Technical Services accounting line. COPY AVAILABLE IN THE CITY CLERKS OFFICE FOR REVIEW REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE CITY CLERK NO 42 LIQUOR LICENSE APPLICATIONS Attached hereto are communications from persons applying for liquor licenses from the Erie County Alcohol Beverage Control Board. Address Business Name Owner's Name 555 Elmwood Avenue Thirsty Buffalo Bar & Grill Patrick Noe ChristopherDebernardis Gregory Andreozzi 49 W Chippewa St 49 W Chippewa St Dale Mc Elwig RECEIVED AND FILED NO 43 LEAVES OF ABSENCE WITHOUT PAY I transmit herewith notifications received by me, reporting the granting of the leaves of absence without pay, in the various departments as listed: Public Works, Streets & Parks - Steven J. Stepniak Police — Crystal Meredith RECEIVED AND FILED. NO 44 REPORTS OF ATTENDANCE I transmit herewith communications received by me, from the various boards, commissions, agencies and authorities reporting the membership attendance at their respective meetings: Buffalo Sewer Authority RECEIVED AND FILED NO 46 NOTICES OF APPOINTMENTS - COUNCIL INTERNS I transmit herewith appointments to the position of Council Intern. Mr. Fontana moved the approval of the appointments to the position of Council Intern. ADOPTED. CERTIFICATE OF APPOINTMENT Appointment Effective May 13, 2008 in the Department of Common Council Division of Fillmore District to the Position of Inter V, Seasonal, Non - Competitive, Flat Salary of $8.00. Kimberley Moore, 114 Claremont Ave, Buffalo 14214 CERTIFICATE OF APPOINTMENT Appointment Effective May 19, 2008 in the Department of Common Council Division of City Clerk to the Position of Intern VI, Seasonal, Non - Competitive, Minimum Starting Salary of $10.00. Luis A Reyes, 70 Fuller St, Buffalo 14207 NO 46 APPOINTMENTS - MAYOR'S YOUTH OPPORTUNITY & EMPLOYMENT I transmit herewith appointments made in the Mayor's Youth Opportunities and Employments Programs. RECEIVED AND FILED. CERTIFICATE OF APPOINTMENT Appointment Effective May 14, 2008 in the Department of Community Services & Recreational Programming Division of Youth to the Position of Intern III, Seasonal, Unclassified, Flat Starting Salary of $8.15 Miles Chapman- Davis, 186 Howard, Buffalo 14206 Jessica Isaac, 457 BA Spaulding Quad UB, Buffalo 14261 Brian Harper, 34 Orchard PL1, Buffalo 14214 Christina Foster, 99 Fisher, Buffalo 14215 Natalie Crespo, 570 Busti, Buffalo 14201 Felicia Dudley, 419 High Buffalo 14211 Chazity Fluellen, 685 E Utica, Buffalo 14211 Brandon Clark, 644 Lisbon, Buffalo 14211 Ashanti Lewis, 431 Lisbon, Buffalo 14215 Corrie Allen, 482 Breckrenridge, Buffalo 14213 Nina Gilliam, 241 Howard, Buffalo 14206 Patrick Davidson, 2805 Apt 3, Buffalo 14214 Inman Daphne, 183 Clarence, Buffalo 14215 Steven Barker, 619 Bird, Buffalo 14222 Alalia Rasool, 164 Elk, Buffalo 14210 Jacqueline Wozniak, 5 Wildwind, Buffalo 14210 Alex Soto - Colorado, 68 Marrimac, Buffalo 14214 Steven Roberts, 17 Connolley, Buffalo 14215 Melishia Joseph, 81 Harmonia, Buffalo 14211 Jessica Journey, 5 E Woodlawn, Buffalo 14211 Appointment Effective May 14, 2008 in the Department of Community Services & Recreational Programming Division of Youth to the Position of Intern VIII, Seasonal, Unclassified, Flat Starting Salary of $11.00 Amina Tillett, 76 Academy Rd, Buffalo 14211 Appointment Effective July 7, 2008 in the Department of Community Services & Recreational Programming Division of Youth to the Position of Intern III, Seasonal, Unclassified, Flat Starting Salary of $7.15 Bianca Douglas, 205 Locust, Buffalo 14204 Precious Douglas, 252 Monroe, Buffalo 14206 Michael Eady Jr, 233 Hewitt, Buffalo 14215 Kyaira Earl, 430 Woodlawn, Buffalo 14208 Gavin Edlich, 432 Downing, Buffalo 14220 Tyonna Epps, 65 Durham, Buffalo 14215 Demark Evans, 222 Esser, Buffalo 14207 Joshua Evans, 28 Bickford, Buffalo 14215 Jordan Ewing, 257 East North, Buffalo 14204 Jessica Feeney, 27 Rhode Island, Buffalo 14213 Quanyaisia Ferguson, 98 Austin, Buffalo 14207 Ashlee Flippone, 166 Brinton, Buffalo 14216 Taisean Foster, 31 Hirschbeck, Buffalo 14212 Elizabeth Fraceschi, 1482 Kenmore Buffalo 14216 Andre Frasier, 42 Castle, Buffalo 14214 Taylor Frazier, 532 Highgate, Buffalo 14215 Gregory Fulgham, 726 E Amherst, Buffalo 14215 Mylnn Gidney, 664 Riley, Buffalo 14211 Quentin Gidney, 664Riley,Buffalo 14211 Jonathan Goodrum, 821 Humboldt, Buffalo 14208 Tashanique Miller, 48 Ivanhoe, Buffalo 14215 Paris Rippy, 61 Hayward, Buffalo 14204 Courtney Rice, 156 Freund, Buffalo 14215 Jasmine Relford, 61 Roma, Buffalo 14215 Tierra Redden, 230 Shirley, Buffalo 14215 Tamar Redden, 60 Lemon, Buffalo 14204 T'challa Radford, 336 Lisbon, Buffalo 14215 Amber Sanger, 1 Thomas, Buffalo 14206 Donavonn Session, 566 E Utica, Buffalo 14208 Jerome Shanklin, 389 Lasalle, Buffalo 14215 Markus Schwarz, 76 Rich, Buffalo 14211 Derrick Arroyo, 86 Wiley, Buffalo 14207 Hajia Awsheikh, 53 York, Buffalo 14213 Robert Bailey, 255 Lisbon, Buffalo 14215 Aveona Banks, 393 Highgate, Buffalo 14215 Brianna Barker, 294 Easton, Buffalo 14215 Sean Barnes, 12 Humanson, Buffalo 14211 Shaquan Bead, 10 Mary Johnson Blvd, Buffalo 14204 Briesha Bell, 21 W Balcom, Buffalo 14209 Teonia Betts, 33 Lang, Buffalo 14215 Eric Birdsong, 148 Martha, Buffalo 14215 Brittney Bradberry, 438 Broadway, Buffalo 14204 Jilliam Brinson, 190 Leroy, Buffalo 14214 Zackery Broadus, 38 Miller, Buffalo 14214 Letayshia Brooks, 57 Riverside, Buffalo 14207 Dnosha Brown, 56 Phyllis, Buffalo 14215 Troi Brown, 122 Hagen, Buffalo 14211 Thomas Butler, 1319 E Delavan, Buffalo 14215 Jerred Cameron, 107 Mapleridge, Buffalo 14215 Shimaraya Cantrell, 228 Crowley, Buffalo 14207 Nicole Castro, 125 B Jasper Parrish, Buffalo 14207 Dominic Chambers, 188 Roebling, Buffalo 14215 Zachary Chase, 369 Sanders, Buffalo 14216 Asia Chimbosho, 33 Poplar, Buffalo 14211 Josue Class, 860 Niagara, Buffalo 14213 Tanikqua Clayton, 535 Lisbon, Buffalo 14215 Ashley Clemons, 381 Olympic, Buffalo 14215 Jamal Craig, 152 Langfield, Buffalo 14215 Christopher Creek, 15 Dismonda, Buffalo 14210 Neveh Crule, 37 French, Buffalo 14211 Elisa Cruz, 1697 Amherst, Buffalo 14214 Howard Curry, 78 Baynes, Buffalo 14214 Ashley Davis, 196 Shirley, Buffalo 14215 Brianna Davis, 2219 Bailey, Buffalo 14211 Acara Davis, 81 Thatcher, Buffalo 14215 Latrice Dennis, 73 Wakefield, Buffalo 14214 Hodari Pryce, 107 Mapleridge, Buffalo 14215 Jaleyn Pierson, 64 Kirkpatrick, Buffalo 14215 Rodney Pierce, 22 Bennett Village, Buffalo 14214 Lyndell Picquet, 8 Trammell, Buffalo 14204 George Peppers, 494 Winspear, Buffalo 14215 Tonya Peavy, 490 Dartmouth, Buffalo 14215 Leah Rush, 15 Inwood, Buffalo 14209 LeShate Rosenthal, 262 Bissell, Buffalo 14211 Shakeena Rodolph, 196 Shirley Buffalo 14215 Dyjon Robinson, 141 Lasalle, Buffalo 14214 Ronneka Robinson, 15 Durham, Buffalo 14215 Justin Robertson, 402 Hewitt, Buffalo 14215 Pedro Rivera, 425 Swan Buffalo 14204 Ryan Molina, 11 Chandler, Buffalo 14207 Shaqualla Montgomery, 985 West Delavan, Buffalo 14209 Jeffrey Moody, 253 Lisbon, Buffalo 14215 Justin Morrell, 34 City Line, Buffalo 14215 Prentise Moss, 169 Ericson, Buffalo 14215 Taryn Moss, 18 Crossman, Buffalo 14211 Dianela Moya, 161 Marine Dr apt 3D, Buffalo 14202 Angel Muhammad, 166 Burgard, Buffalo 14211 Dajon Nettles, 10 Devon Green, Buffalo 14204 Henry Nunez, 2 Condon, Buffalo 14207 DeMarco Ogletree, 19 Elsie, Buffalo 14208 Jerome Ogletree, 19 Elsie, Buffalo 14208 Ryan O'Neil, 22 South Ryan, Buffalo 14210 Jamie O'Sullivan, 208 Lockwood, Buffalo 14220 Joshua Owens, 165 Blaine, Buffalo, 14208 Jonathan Parker, 115 Delmar Mitchell, Buffalo 14204 Keith Patton, 158 Dewey, Buffalo 14214 Dominique Pearsall, 41 Alice, Buffalo 14215 Rose Puza, 26 Riverview, Buffalo 14210 Michael Pugh, 19 Butler, Buffalo 14208 Lenzie Humphrey, 72 Butler, Buffalo 14208 Marcelluss Hutcherson, 186 Suffolk, Buffalo 1425 Kelly Isaac, 54 Dewey, Buffalo 14214 Christopher Jackson, 104 French, Buffalo 14211 Cornell Jackson, 137 Oakgrove, Buffalo 14214 Natalie Jackson, 22 Oxford, Buffalo 14209 Tamara Jackson, 70 Langfield, Buffalo 14215 Demetriz James, 49 Haven, Buffalo 14211 Erica James, 546 Suffolk, Buffalo 14215 Alexis Johnson, 406 Dartmouth, Buffalo 14215 Tashana Johnson, 178 Kay, Buffalo 14215 Aquaisjah Johnson, 36 Dewitt, Buffalo 14213 Sharifa Johnson, 90 William Price Pkwy, Buffalo 14214 Dontre Jones, 12 Humanson, Buffalo 14211 Yusiff Jones, 933 West, Buffalo 14213 Je'nae Kelley, 122 Phyllis, Buffalo 14215 Sergio Keyes, 144 Goemble, Buffalo 14211 Alexandra King, 535 Woodlawn, Buffalo 14208 Aneidra King, 82 Peace, Buffalo 14211 Raiza LaFlor- Montesino, 205 Marine Dr apt 12F, Buffalo 14202 Desmond LaMar, 266 Dodge, Buffalo 14208 Linda Laster, 185 Floss, Buffalo 14215 Dwain Laws, 20 Dunlop, Buffalo 14215 Mikesha Lawson, 64 Tuxedo, Buffalo 14207 James Leslie, 56 Norris, Buffalo 14207 Tonae Littles, 29 Ivy, Buffalo 14211 Maryanne Long, 31 Olcott, Buffalo 14220 Jennifer Lozada, 35 Whitney apt 6, Buffalo 14201 Jordan Mackey, 157 Fargo, Buffalo 14201 Emmanuel Maidenborough, 35 Danforth, Buffalo 14213 Demario Marks, 20 Memorial, Buffalo 14206 Tunisha Marks, 20 Memorial, Buffalo 14206 Michael Marrero, 491 Perry, Buffalo 14204 Antonio Martin- Brown, 54 Bickford, Buffalo 14215 Danielle Massey, 78 Thatcher, Buffalo 14215 David Mauricio, 122 Lafayette, Buffalo 14213 Keyahnna May, 244 Keystone, Buffalo 14213 Thomas Mayes, 277 W Delavan, Buffalo 14213 Devin McBryde, 298 Jewett, Buffalo 14214 Damarius McCutcheon, 218 B Langfield, Buffalo 14215 Eric McDaniel 78 Lemon, Buffalo 14204 Donald McKeon, 454 Crescent, Buffalo 14214 Bryanna McKinnon, 15 Bloomfield, Buffalo 14220 Sarah Medina, 85 Gelston, Buffalo 14213 Tavis Mims, 457 Normal, Buffalo 14213 Jolanda Minor - Rogers, 43 Ericson, Buffalo 14215 Vincent Skipper, 142 Victoria, Buffalo 14214 Jasmine Sims, 91 Mendola, Buffalo 14215 Davon Sims, 252 Monroe, Buffalo 14206 Dominque Williams, 101 Alturia Buffalo 14220 LaQuanda Williams, 358 Cornwall, Buffalo 14215 Shiheda Williams, 20 Memorial Buffalo 14206 Eric Willams, 16 Mary Talbert, Buffalo 14204 Erick Williams, 161 Zenner, Buffalo 14211 Jenae Williams, 192 Chester, Buffalo 14208 Jordan Williams, 33 Blaine, Buffalo 14208 Kashontta Willis, 229 Stockbridge, Buffalo 14215 Kayla Witherspoon, 151 Kay, Buffalo 14215 Kameron Wood, 85 Littlefield, Buffalo 14211 Kiara Woodruff, 111 Carl, Buffalo 14215 Latasha Young, 45 Peckham, Buffalo 14206 Carliss Gordon, 195 William, Buffalo 14204 Michael Goree, 507 S Division, Buffalo 14204 Dominic Goree, 385 Doat, Buffalo 14211 Amber Grew, 28 Bissell, Buffalo 14211 Sharita Griner, 1300 Elmwood, Buffalo 14222 Chaniece Hammonds, 225 Winslow, Buffalo 14208 Justin Harold, 310 Newburgh, Buffalo 14215 Shane Hernandez, 89 Fargo, Buffalo 14201 Dominique Hernandez, 66 Hoyt, Buffalo 14213 Shanice Highsmith, 380 Warwick, Buffalo 14215 Shontay Holloway, 451 South Division, Buffalo 14204 Malic Hooks, 147 Marine Dr 10E, Buffalo 14202 Dominique House, 251 Dartmouth, Buffalo 14215 Assante Huggins, 115 Brunswick Blvd, Buffalo 14208 Jequan Humphrey, 79 Oakgrove, Buffalo 14208 Dinorah Santos, 2218 Potomac, Buffalo 14213 Charnique Sanders, 23 Sumner, Buffalo 14211 Tiera Shaw, 278 Franklin, Buffalo 14202 Mariah Smith, 11 Norwalk, Buffalo 14216 Matthew Sullivan, 149 Colgate, Buffalo 14220 Javonne Taylor, 70 Rich, Buffalo 14211 Marcelis Trigg, 629 Starin, Buffalo 14216 Philip Ward, 240 Phyllis, Buffalo 14215 Asia Wiley, 28 Horton, Buffalo 14209 Shakilah Williams, 240 Lemon, Buffalo 14204 Keishia Williams, 460 Langfield, Buffalo 14215 Rashard Watts, 419 High, Buffalo 14211 Bryan Weatherspoon, 219 Dutton, Buffalo 14211 Breonna White, 57 Humanson, Buffalo 14211 Shannon Walker, Mulberry, Buffalo 14204 Deron Washington, 431 Lisbon, Buffalo 14215 Jasmine Wallace, 87 Debra Lane, Buffalo 14207 Keontay Tilman, 51 Andover, Buffalo 14215 Killian Usiak, 32 Naragansett, Buffalo 14220 Nayilia Valderrama, 35 Danforth, Buffalo 14213 Youleidy Vega, 216 Hudson, Buffalo 14201 David Virgil, 36 Lasalle, Buffalo 14215 Demontre Walker, 251 Loring, Buffalo 14214 Taleah Spidell, 59 Wecker, Buffalo 14215 South Sterling, 219 Metcalfe, Buffalo 14206 Matthew Sullivan, 149 Colgate, Buffalo 14220 Christina Tarquin, 150 Macamley, Buffalo 14220 Kiara Taylor, 19 Lang, Buffalo 14215 Justin Thompson, 149 Hughes, Buffalo 14208 Jerel Thornwell, 39 Forman, Buffalo 14211 Deon Thedfor, 56 Lasalle, Buffalo 14214 Deandra Small, 29 Collins, Buffalo 14215 Caroline Skonecki, 171 University, Buffalo 14214 Jabril Abudul - Rashed, 505 Wyoming, Buffalo 14215 John Acevedo, 163 Farmer, Buffalo 14207 Frazier Alexiss, 259 Guildfor, Buffalo 14211 Idalia Algarin, 45 Blum, Buffalo 14216 Matonique Anderson, 248 Peach, Buffalo 14204 Mary Schiavi, 18 Buffum, Buffalo 14210 Michael Scarcello, 35 Britt, Buffalo 14220 Donomique Sapp -Clay, 431 Lisbon, Buffalo 14215 NO 47 APPOINTMENTS - TEMPORARY, PROVISIONAL OR PERMANENT I transmit herewith Appointments in the various departments made at the Minimum (Temporary, Provisional or Permanent) (as per contract requirements). REFERRED TO THE COMMITTEE ON CIVIL SERVICE. CERTIFICATE OF APPOINTMENT Appointment Effective May 12, 2008 in the Department of Strategic Planning, Division of Administration & Finance to the Position of Senior Typist, Provisional Appointment First Step Starting Salary of $26,590 Christian Lockwood, 134 Best Street, Buffalo 14209 NON - OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON -OFFICIAL COMMUNICATIONS NO 48 COLD SPRINGS TAXI LETTER REGARDING POTENTIAL RATE INCREASE Dear Mr. Chwalinski: Please file the attached item for further discussion at the next Common Council session to be held Tuesday, May 27, 2008. Thank you in advance for your assistance with this matter. Dear Councilman Golembek: We appreciate this time to express our concerns to you regarding the potential rate increase in the City of Buffalo. We have been recently notified by our competitors that they are trying to lobby for an increase on the meters in the city. We feel that this is a very touchy matter with the way the economy is at this present time. When dealing with the taxi industry in Buffalo some of our main costs of doing business are insurance, clerical staff, purchasing vehicles and maintenance of the vehicles. These costs are broken down to each company in order to find a profit margin compared to expenses. One of the main expenses that the transportation companies go through is cost of fuel, but the only way the companies can compensate for the cost of fuel is by passing the cost on to the customer and by over pricing these costs, the customer would lose their trust in the way we price our services, because in their eyes we are not taking their finances into consideration. Currently, our competitors have communicated with us and shown us some outrageous proposals, trying to increase mileage rates as high as $1.20 per mile and an additional loading fee of $70. These numbers are completely unrealistic and where they get their business economics from seems to be off the top of their head. To be fair to the industry we are in and the community we serve, we feel that an increase is needed, but the amount does not have to be an astronomical amount knowing that now each company has to follow standardized rates. We at Cold Springs, feel to be fair to our customers and to ourselves as service providers we believe that if an increase was to be implemented a total of $.60 per mile or one increment to the existing one sixth of a mile totaling 7 clicks per mile, would be more than a fair amount for the incurring cost factors of fuel and other expenses. The loading fee of $2.30 is already one of the highest in the country, so to increase the initial fee would be outrageous. We have ran the cost ratio between the cost of a tank of fuel and the income from that tank and if you ran the numbers you would be surprised at how much income a tank of fuel generates. For example, we run full size Crown Vics that have 8 cylinder engines. Our tanks take approximately 65 to fill from empty to full and our average full tank generates close to 230 miles per tank, dividing the $65 that is takes for the cost of the fuel against the 230 miles equates to approximately .28 per mile. To include other business expenses may vary with each company, but for a potential cab driver to already make $2.40 per mile plus a loading fee well exceeds the ridiculous excuse of the inability to make money to operate their vehicles due to high gas prices. If a standardized raise is to be implemented in the City of Buffalo, please take into consideration the summer months which is our slow season of business. Not only are we taking a volume loss due to the season but if this raise is implemented in our slower season, we would also incur a dramatic profit loss. To implement this raise if you would find it so graciously to award us this time in the later days of October or early November it would be easier on our companies costs of business. Please do not take the advice from independent taxi drivers who have one ear and one pocket to fill. Please to the numbers of our industry so we can fairly treat our customers without price gouging. If you would like a more concise breakdown of the cost analysis of operating a taxicab, please feel free to contact me at the above number. Please take this matter into consideration when rendering your decision that we are a customer service provider and without customers we can not provide our service. REFERRED TO THE COMMITTEE ON LEGISLATION NO 49 LEAGUE OF WOMEN VOTERS REPLY TO BOANS LETTER Dear Mr. Chwalinski: Please file the attached item for further discussion at the next Common Council session to be held Tuesday, May 27, 2008. Thank you in advance for your assistance with this matter. Dear Mr. Boans: Your letter to Mrs. Gardner of April 28 has been referred to me for reply. Where the candidates in an election unit decide that they want to have a candidate's night, the League is prepared to facilitate and assist in that event. The League does not impose any requirement that there be a candidate's night. The three candidates in the present contest have not yet agreed that there should be a candidate's night. When and if the League receives written consents from the other two candidates to the holding of a candidate's night event, the League will make its services available. Such written consents should be mailed directly to William H. Gardner, League of Women Voters of Buffalo /Niagara, Inc., 1272 Delaware Avenue, Buffalo, New York 14209. If the parties are agreeable to the holding of such an event, they are asked to specify two alternative dates for the event, so that the League will be able to select one that will be convenient to the League representative at the event. If the candidates cannot agree to such a date, we ask that each of the candidates specify two alternative dates, and the League will then select the date that will apply. In such event, of course, the proper authorities should be consulted to see if the proposed site of the candidate's night is available on the designated nights. If the League does not receive such written consents by May 23, 2008, the matter will be considered to be closed. This is the League's position and decision as to what its actions will be. However, the League does not act as an adjudicator or mediator of the issues as between the three candidates. If you can cite some specific legal provision in a federal or state statute or regulation or in any applicable by -laws that you believe empowers you to be able to require that a candidate's night be imposed, #ease write me, with a specific citation to such law or regulation and the specific section number identifying the provision you are relying on. Alternatively, you may send me a copy of the statutory or regulatory provision, specifically identifying the statute or regulation you are sending and the applicable section number of the provision you are relying on. If you believe that a particular bylaws provision gives you the authority to require that such a candidate's night be scheduled, please send me a copy of such provision (including also the first and second pages of the by -laws to identify the version of the by -laws you are referring to). I will review any such written material and consider what (if any) action the League should take in light of that material. RECEIVED AND FILED NO 50 ALLENTOWN ASSOCIATION LETTER REGARDING STILLWATER PATIO REQUEST Dear Mr. Chwalinski: Please file the attached item for further discussion at the next Common Council session to be held Tuesday, May 27, 2008. Thank you in advance for your assistance with this matter. Patio Request for Stillwater Restaurant & Night Club, 481 -483 Delaware Avenue Dear Buffalo Common Council Members, The Allentown Association is concerned about the request of an outdoor patio at the above -noted address and wishes to communicate the Association's following positions on the matter: The Allentown Association is unilaterally opposed to any patio in the front of the historic "Midway" buildings (Delaware Avenue side) on the basis of historic preservation and the negative impact to the historic character of the most distinctive row houses found in Buffalo. It is also concerned about the negative impact to the nearby Katherine Pratt- Horton House (Daughters of the American Revolution), individually listed on the National Register of Historic Places. 2. The Allentown Association is opposed to the rear patio proposal as currently submitted to the Buffalo Common Council and Buffalo Preservation Board on the basis of inappropriate size (greater than 4,000 square feet), hours of operation and negative impact to the quality of life of nearby residents (increased noise, litter, loss of parking, etc.). While the above two resolutions express the position of the Allentown Association on the matter based on current information known to us, it is important for you to know that the Association supports and encourages open communication between all residents, property owners and businesses that make up the vibrant dynamic of the Allentown neighborhood. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 51 B. DAVIS LETTER REQUESTING CAPITAL IMPROVEMENTS TO MASTEN PLAYGROUND DEAR MR. CHWALINSKI: Please file the attached item for further discussion at the next Common Council session to be held Tuesday, May 27, 2008. Thank you in advance for your assistance with this matter. Sincerely, The initial inspection at Masten Playground has been completed as of May 6, 2008. In order to be ready for licensure and operations, the health department and BFNC ask that the park personnel attend to the following: These outstanding capital improvements may hinder our ability to maintain safety and cleanliness throughout the day.. Repair broken light fixtures, approximately 8 -10 light fixtures have been broken on the inside of the building; need approximately 20 fluorescent light bulbs Glass blocks in front of building on the right hand side, leaving easy access into building. Part of the window has been boarded up but needs to be completed Pool area: broken glass block windows on North side and East side of building Initial major clean -up of the playgrounds exterior and periphery Placement of trash barrels in several strategic points throughout park; near basketball court, bleachers, and shelter house entrance Repair or replacement of fencing surrounding basketball court and swimming pool area Repair or replacement of bleachers at baseball diamond, and benches on inside of basketball court area Repair or replacement of fencing surrounding basketball court and swimming pool area Repair inside of Men's room: urinal plumbing in disrepair, light fixture hanging loose, holes in the wall need to be patched and painted, toilet divider wall paint is rusted and peeling "Repair inside of Ladies room: toilet divider wall is rusted and paint is peeling, floor tiles missing Kitchen countertop cracked /broken Store room has open water lines and sewer line on wall Main room has open sewer drain line and water line on wall a Janitors closet: paint peeling from walls, floor tiles damaged Main room's carpet is damaged from water, vandalism like attempted arson and graffiti Exit sign in Main room not working, bulb needs replacing 'Baseball diamond infield is covered in grass Sprinkler pool has grass growing inside that needs to be removed Playground table in disrepair Large brush pile inside Tennis court We would also like to update the painted mural on the outside of the building removing graffiti and touch up painting on the inside- We would like to know in what capacity would you able to assist in this activity. Beginning mid -May, regular cutting of grass inside and around the periphery of the playground Please be advised, the next Department of Health inspection will take place on Monday June 2, 2008 at 11:30 am. We ask that a representative from the Parks Department be present for the inspection. I would greatly appreciate your cooperation and attention to these matters as soon as possible. If you have any questions or concerns, please contact me at (716) 856 -0363, Mon— Friday 10am -6pm. Thank you. REFERRED TO THE COMMITTEE ON FINANCE. EC PARKS, COMMISSIONER OF PUBLIC WORKS PARKS AND STREETS & CORPORATION COUNSEL NO. 52 J. GOLOMBEK -B. DRAKE- CONCERNS RAISING TAXI FARES DEAR MR. GOLEMBEK: I have heard that certain cab company'[s have been sending you proposals for fare increases. I understand the reason for an increase, but we still have to keep in mind that we are servicing the public in a city with one of the lowest average incomes in the nation. The income that the public makes reflects everything that they spend their money on. This is the reason why the cost of living here is much lower than that of major cities due to the fact that the public that we serve simply do not have the money to spend. If you look around the city of buffalo we don't have bentley dealers and aston martin dealers due to the fact that they wouldn't have a huge market to sell to! And I'm not saying that there isn't any money in this area, because there is money. But lets face it the people with the money are not the ones that we are picking up in these cabs everyday. We deal with people that are on fixed incomes, and if we price the service so far out of reach then who will we have to pick up? We are already at 2.30. 1 honestly don't see how a poverty stricken city such as buffalo where people are leaving the city in the largest numbers they have ever been, that we could possibly even think about raising the start amount. I feel it would be taxi cab suicide[ you can quote me on that. I really would like to know where these other companies are getting their customers from. I say this because our drivers interact with our customers and they already talk about the rates being high now. Now I know nothing stays the same, but this is also the slowest time of the year for cab business. It would have been a lot better for us if we would have done this in the winter time when cab business is really good, and ridership is high. The customer tends to have much less of a conscious about the rate then, due to the weather. Right now its may going into June, this idea could not have come at a worse time if your a guy like me who owns a cab company! The trends of cab business are very clear, even from month to month. I say this because at the first of every month cab business gets busy, the reason for this is because the people that we service are on fixed incomes and this is the time in witch they have money for the month. Toward the end of the month business slows down dramatically. This is due to the fact that by that time, they don't have the money to call a cab! Yet company's want to raise the rates so high until the public really wont have the money to ride at all I did some research just to see where we stand with other cities. The cities I checked were major cities. These cites I checked have way more people and a higher influx of revenue going on than we do here in buffalo. What I found was that we are already higher than some and almost equal to most, and we don't have the people or the money to compare to these cities! Los Angeles starts at 2,20 with 11 clicks at 20. Orlando starts at 2.00 with 8 clicks at .25, Chicago starts at 2.25 with 9 clicks at .20, even New York city starts at 2.50 with 5 clicks at .40 an {) all these cities are far from Buffalo to say the least as far as available revenue 1 "o the cab industry- We at broadway tax] feel to be altogether fair with the public as well as fare to the drivers in a city with our financial status. We feel if you push the click from .40 cents to .50 cents. This would bring the amount for each mile in a cab from 240 to 3.00 a mile. That an increase of .80 cents per mile And just to be perfectly honest with you, its only costing us a difference of about ten dollars to fill up a tank on our cars than it did a year ago. I hope you take all my points into account when you are rendering your decision. This city has people leaving at an astonishing rats, the foreclosure just is longer than its ever eel =n, and population here in buffalo hasn't been this low in decades, this not by accident. And the last thing I would like to ask is when you do make your decision, it would be much better for us if you were to implement the raise in September when business starts to pickup. I have consulted my competitor, who is Greg Hopkins at Cold springs taxi. And he has signed off on this opinion, as the two main cab companies who's focus is servicing the east side and surrounding area of buffalo. If you have any questions for me please feel free to call me at 71 e- 553 -4010, thank you. PS I attached SOME rates of the cities I was telling you about so you could see where stand as a city. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 53 J. GOLOMBEK -G. HOPKINS - CONCERNS RAISING TAXI FARES Dear Councilman Golembek: We appreciate this time to express our concerns to you regarding the potential rate increase in the City of Buffalo. We have been recently notified by our competitors that they are trying to lobby for an increase on the meters in the city. We feel that this is a very touchy matter with the way the economy is at this present time. When dealing with the taxi industry in Buffalo some of our main costs of doing business are insurance, clerical staff, purchasing vehicles and maintenance of the vehicles. These costs are broken down to each company in order to find a profit margin compared to expenses. One of the main expenses that the transportation companies go through is cost of fuel, but the only way the companies can compensate for the cost of fuel is by passing the cost on to the customer and by over pricing these costs, the customer would lose their trust in the way we price our services, because in their eyes we are not taking their finances into consideration. Currently our competitors have communicated with us and shown us some outrageous proposals, trying to increase mileage rates as high as $1.20 per mile and an additional loading fee of $70. These numbers are completely unrealistic and where they get their business economics from seems to be off the top of their head. To be fair to the industry we are in and the community we serve, we feel that an increase is needed, but the amount does not have to be an astronomical amount knowing that now each company has to follow standardized rates. We at Cold Springs, feel to be fair to our customers and to ourselves as service providers we believe that if an increase was to be implemented a total of $.60 per mile or one increment to the existing one sixth of a mile totaling 7 clicks per mile, would be more than a fair amount for the incurring cost factors of fuel and other expenses. The loading fee of $2.30 is already one of the highest in the country, so to increase the initial fee would be outrageous. We have ran the cost ratio between the cost of a tank of fuel and the income from that tank and if you ran the numbers you would be surprised at how much income a tank of fuel generates. For example, we run full size Crown Vies that have 8 cylinder engines. Our "tanks take approximately – to fill from empty to full and our average full tank generates close to 230 miles per tank, – that is takes for the cost of the fuel against the 230 miles equates to approximately .28 per mile. To include other business expenses may vary with each company, but for a potential cab driver to already make $2.40 per mile plus a loading fee well exceeds the ridiculous excuse of the inability to make money to operate their vehicles due to high gas prices. If a standardized raise is to be implemented in the City of Buffalo, please take into consideration the summer months which is our slow season of business. Not only are we taking a volume loss due to the season but if this raise is implemented in our slower season, we would also incur a dramatic profit loss. To implement this raise if you would find it so graciously to award us this time in the later days of October or early November it would be easier on our companies costs of business. Please do not take the advice from independent taxi drivers who have one car and one pocket to fill. Please to the numbers of our industry so we can fairly treat our customers without price gouging. If you would like a more concise breakdown of the cost analysis of operating a taxicab, please feel free to contact me at the above number. Please take this matter into consideration when rendering your decision that we are a customer service provider and without customers we can not provide our service. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 54 MEMORANDUM ENHANCED COMMUNICATION WITH FEMA I would like to file the attached information for the next Common Council meeting to be held on May 27, 2008. Purpose: To require the Director of the Federal Emergency Management Agency to enhance communication and outreach to States, communities, and property owners about the effects of changes to flood risk maps and flood insurance purchase requirements, and to engage with Communities to enhance communication and outreach to their residents on such matters. IN THE SENATE OF THE UNITED STATES -110 th Cong., 2d Sess. S.2284 To amend the National Flood Insurance Act of 1968, to restore the financial solvency of the flood insurance fund, and for other purposes. Referred to the Committee on and ordered to be printed Ordered to lie on the table and to be printed AMENDMENTS intended to be proposed by Mr. MENENDEZ Viz: On page 34, between lines 14 and 15, lowing: (d) COMMUNICATION AN]:) OUTREACH.- - (1) IN GENERAL. - -The Director shall- - (A) work to enhance communication and outreach to States, local communities, and property owners about the effects of -- (i) any potential changes to National Flood Insurance Program rate maps that may result from the mapping program required under this section; and (ii) that any such changes may have on flood insurance purchase requirements; and (B) engage with local communities to en- hance communication and outreach to the residents of such communities on the matters described under subparagraph (A). (2) REQUIRED ACTMTIES. - -The communication and outreach activities required under paragraph (1) shall include - (A) notifying property owners when their properties become included in, or when they are excluded from, an area having special flood hazards and the effect of such inclusion or exclusion on the applicability of the mandatory flood insurance purchase requirement under section 102 of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4012a) to such properties; (B) educating property owners regarding the flood risk and reduction of this risk in their community, including the continued flood risks to areas that are no longer subject to the flood insurance mandatory purchase requirement; (C) educating property" owners regarding the benefits and costs of maintaining or acquiring flood insurance, including, where applicable, lower -cost preferred risk policies under the National flood Insurance Act of 1968 (42 U.S.C. 4011 et seq.) for such properties and the contents of such properties; (D) educating property owners about flood map revisions and the process available such owners to appeal proposed changes in flood elevations through their community; and (E) encouraging property owners to maintain or acquire flood insurance coverage. On page 34, line 15, strike "(d)" and insert "(e) ". REFERRED TO THE SPECIAL COMMITTEE ON WATERFRONT DEVELOPMENT NO. 66 M. KEARNS - PROGRAM TO IDENTIFY VACANT AND VACANT & DANGEROUS PROPERTIES Dear Councilmember Kearns: The Buffalo Fire Department has embarked on a program involving vacant /abandoned buildings. This program is an addition to our fire operations. It involves denoting and marking various buildings as either: 1 .) Vacant 2.) Vacant and dangerous These markings do not denote a building for demolition or any other purpose other than to alert our firefighters of the condition of the structure. This will enhance the safety of our firefighters as well as the citizens of our community. The Fire Department has had four meetings with EDPIS regarding this program and a database is being produced that will be available to them, the Police, the Council and any other city agency that needs it. I have attached a copy of our program procedures for your information. If you have any questions or concerns, please feel free to call me at 851 - 5333x355. Michael Lombardo Attachment REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT. NO. 66 P LYTLE - APPLICATION FOR RESTRICTED USE PERMIT FOR DEVELOPMENT WITHIN THE BUFFALO COASTAL SPECIAL REVIEW DISTRICT QUEEN CITY LANDING, LLC, 976 FUHRMANN BOULEVARD, BUFFALO, NEW YORK Ladies and Gentlemen: This firm represents Queen City Landing LLC ( "QCL" or "Applicant ") and we submit this Letter of Intent in support of QCL's application for a restricted use permit for development within the Buffalo Coastal Special Review District from the City of Buffalo Common Council pursuant to the Charter and the Code of the City of Buffalo ( "Code "). Applicant proposes significant renovation and development of the existing Freezer Queen complex on a 20.01 -acre parcel which sits on Lake Erie at 975 Fuhrmann Boulevard (the "Site "). A Concept Plan with an overview of the complete project which includes condominiums, retail structures, a marina, an apartment tower, and a luxury hotel and conference center with associated recreational and landscaping features (the "Project ") is attached hereto as Exhibit A. Applicant has submitted an application for City -Wide Design and Site Plan approval to the Planning Board and an application to rezone the Site from M3 Heavy Industrial to CM General Commercial District to the Common Council. We enclose fifteen (15) copies of this Letter of Intent for a restricted use permit with the following exhibits attached hereto and made part hereof: Exhibit A: Concept Plan and Artistic Rendering Exhibit B: Site Survey Exhibit C: Site Plans for Phase I - conversion of the vacant Freezer Queen building REFERRED TO THE COMMITTEE ON LEGISLATION NO. 57 P. LYTLE REQUEST TO REZONE PROPERTY FOR QUEEN CITY LANDING MIXED -USE DEVELOPMENT SBL: 132.06 -1 -1.1 AND S.B.L.: 132.06 -1 -1.2 Dear Ladies and Gentlemen : This Firm represents Queen City Landing, LLC ( "QCL" or the "Applicant "). On May 22, 2008, we submitted an application for rezoning of the property which is the former Freezer Queen site (the "Site ") more commonly known as 975 Fuhrmann Boulevard, Buffalo, New York. The purpose of this letter is to clarify that the said application for rezoning also includes a smaller, separate tax parcel on the Site and therefore relates to both 975 and 1005 Fuhrmann Boulevard, being tax parcels 132.06 -1 -1.1 and 132.06- 1 -1.2. The legal description contained in Exhibit E to the application is correct and the correct tax map was attached to the Petition to Amend Zoning Map form. All exhibits to the application contain materials on both parcels. However, page one of the letter of intent and page one of the Petition to Amend Zoning Map should be amended to reference both 975 and 1005 Fuhrmann Boulevard and to reference both tax parcel identification numbers. It is the intention that both parcels be rezoned from M3 Heavy Industrial District to CM General Commercial District. Thank you for your attention to this matter REFERRED TO THE COMMITTEE ON LEGISLATION NO. 58 P. LYTLE REQUEST TO REZONE PROPERTY FOR QUEEN CITY LANDING MIXED -USE DEVELOPMENT SBL: 132.06 -1 -1.2 Dear Ladies and Gentlemen : This Firm represents Queen City Landing, LLC ( "QCL" or the "Applicant ") the owner of the property known as 975 Fuhrmann Boulevard, Buffalo, New York. On behalf of the Applicant, we submit fifteen (15) copies of this Letter of Intent formally petitioning the City of Buffalo Common Council to rezone the above referenced property from M3 Heavy Industrial District to CM General Commercial District. The proposed project site (the "Project Site" or "Site ") is a 20.01 acre parcel located on Fuhrmann Boulevard, along the shores of Lake Erie and is better known as the former Freezer Queen industrial complex having been operated as a food processing and distribution plant for many years. Attached hereto as Exhibits "A" and "B" are a location map showing the location of the Site and a Site survey showing the dimensions of the Site. The Applicant is proposing to develop a mixed -use community with residential condominiums, an apartment tower, retail structures, a marina, and a luxury hotel and conference center with associated recreational and landscaping features (collectively, the "Project "). The Project has been designed to complement and enhance the area surrounding the Site on Lake Erie and will promote the area's growth and beautification while appealing to a regional market in Western New York and Southern Ontario. Aside from being a premier location to reside, the stunning and picturesque views of Lake Erie and downtown Buffalo will attract both seasonal visitors and local residents to the restaurants and recreational activities on Site. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 59 D. LOKEY- ADAMS- LEGAL AIDE BUREAU MONTHLY REPORT APRIL 2008 Chairperson of Finance Committee Dear Chairperson Davis, Enclosed please find a copy of our Monthly Report and Monthly Activity Report for April 2008. Please feel free to call me at 853 -9555 Ext. 453, or our Housing Attorney, Sherree Meadows, at 853 -9555 Ext. 555, if you have any questions. Enclosures RECEIVED AND FILED NO. 60 A. MAGIERSKI- PUBLIC HEARING TOWN OF CHEEKTOWAGA Dear Gerald Chwalinski: Please be advised that the Town Board, at a meeting held on May 19, 2008 6:45 PM, considered the following resolution(s): Resolution RES- 2008 -324 Adopted [Unanimous] Call for Public Hearing - Local Law Intro No. 2008 -7 - a Local Law to Amend the Zoning Law Relating to Transit Road Access Management RECEIVED AND FILED NO. 61 FACT SHEET MAY 2008 UPDATE ON BROWNFIELD SITE INVESTIGATION, CLEANUP AND RECONSTRUCTION FRANCZYK PARK BUFFALO, NY Project Started: June 2007 (Construction) Project No. B -00174 INTRODUCTION The City of Buffalo, in partnership with the New York State Department of Environmental Conservation (NYSDEC), is currently completing an environmental cleanup and park rehabilitation project at Franczyk Park on Lewis Street in the City of Buffalo. This work is being conducted under the Environmental Restoration Program authorized under the Clean Water /Clean Air Bond Act of 1996. The ERP provides financial assistance to local governments for the cleanup of brownfield sites. Based upon a previous remedial investigation, environmental cleanup at the Park began in June of 2907. This fact sheet has been sent to inform you that the environmental cleanup and park rehabilitation project completion date has been extended. Provided below is information relating to the new project schedule. If you have any questions, a project contact list has been provided near the end of this fact sheet. Rest available for review in The City Clerk's Office RECEIVED AND FILED NO. 62 A. RANDACCIO - NFTA -REQ ENCROACHMENT PERM -CITY ROW ON N DIV —BTWN OAK & ELL Re: Parking Permit The Niagara Frontier Transportation Authority requests encroachment 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 and 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 NFTA functions and uses. Thank you for your cooperation in this matter. Any questions please feel free to contact my office at 855 -7345. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 63 N. SHANK - RESUME TO APPLY FOR SENIOR LEG ASST To Whom It May Concern: When I heard there was an open position for a Senior Legislative Assistant, I knew that I would be perfect for the position and rushed to submit my cover letter and resume for your review of my professional and educational qualifications regarding this position. For the past six years I have worked in Erie County Family Court and most recently Buffalo City Court as a Buffalo City Court Liaison. In this position I am responsible for the presentation of the Community Dispute Resolution Program to perspective clients, Court personnel, Judges, attorneys, and social service agencies. I have created protocols for service provisions in Small Claims Court as well as from Criminal Courts. During this past year I have also assisted in the promotion of the Stop Shoplifting NOW collaboration with the Better Business Bureau. In most recent months 1 have taken the initiative to conduct outreach with several entities within the community in an effort to increase the caseload. These activities include presentations at legislatives breakfasts, police districts, and the Buffalo Public Schools. During my time in this position I have found the work to be both rewarding and challenging. While working with this diverse clientele with a high level of conflict, I have found that it is important to remain calm and have a working knowledge of the system, community and what avenues are available for that person. Also, I manage cases to ensure that the parties' cases are handled in a manner that will be beneficial to all, so that a written disposition is produced for the courts and the parties. My professional experience also extends to areas of constructing case strategy to investigate bias claims of discrimination, preparing affidavits, performing paralegal counseling, client advocacy, and case preparation. I am also proficient in the use of Access, Excel and Word. I use all of these applications on a daily or weekly basis. I have enclosed a copy of my resume, which gives you more specific information as to my background and experience. I look forward to meeting with you in person to discuss my qualifications. Thank you for your time and consideration in this matter. Respectfully yours, RECEIVED AND FILED NO. 64 D. SMITH -M. GALLIVANT - HOUSING MANAGER MARINE DRIVE APTS 147 Marine Drive Apartment 1 ID Buffalo, New York 14202 Honorable Byron W. Brown, Mayor, City of Buffalo I wrote the attached for, Everybody's Column" in the Buffalo News, in response to the April 7th article "Housing Manager ". I stepped forward to write, because my time as a Marine Drive Building Representative and the Resident Council Secretary made me personally aware of the things I wrote. I try to stay in touch with the opinions of my neighbors, so I wrote for the many Marine Drive residents whose opinions did not appear in the article and differ from those of Mr. Mascia. I share my letter with you, because I'm not sure if you will see it in the News. I feel you are important to the future of Marine Drive Apartments, so it's important your decisions regarding us not be tainted by false information. Henry Littles is a good person and an excellent manager. He's someone who not only cares about the homes of the people of Marine Drive, but also about Marine Drive in relation to the City of Buffalo. copy: Mr. Henry Littles, The place where I live was in deplorable condition. Then Henry Littles became the manager of Marine Drive Apartments and conditions improved greatly. In a News article, tenant commissioner Mascia said Henry Littles should be "fired ". Mascia failed to mention, the person he wanted to manage Marine Drive was not selected. Mascia has sought to discredit Mr. Littles, since he was hired. Mascia alleges Mr. Littles does not have the "experience" to manage Marine Drive. In addition to many improvements, Mr. Littles obviously is experienced enough to decrease the amount of unpaid rents and to drastically decrease water bills. Mascia insulted the residents he supposedly represents by implying they "get perks" for liking Mr. Littles. I like Mr. Littles, and have never asked for nor received any "perks ". I like him because he makes himself available to residents. He is polite, helpful and honest. He personally addresses problems, whether during the workday, evenings or weekends. I can understand, if making 616 -units a better place to live hasn't allowed Mr. Littles much time for personal tasks. I have been at meetings, where Marine Drive residents burst into spontaneous applause for Mr. Littles, thus expressing their approval of him. Mascia seems to forget he was elected by these residents. REFERRED TO THE SPECIAL COMMITTEE ON WATERFRONT DEVELOPMENT NO. 65 P. SNYDER- SUPPORT MPLG PURCHASE OF MAIN PLACE RAMP Dear Mayor Brown: I am taking the liberty of contacting you, as well as the Common Council and Parking Board Members to express my enthusiastic support for the Main Place Liberty Group's (MPLG) pending offer to purchase from the city its remaining 11 year interest in the Main Place Ramp. As you may know, the Main Place Tower, Mall and Liberty Building have 1,000,000 square feet of space which requires a minimum of 2,500 parking spaces per square feet (2.5 parking spaces per 1,000 square feet). Unfortunately, the capacity for the Main Place Ramp is only 1,000 spaces and the facility has had a significant waiting list for a number of years. Therefore, the sale of the Main Place Ramp would greatly assist the MPLG's efforts to lease a significant portion of their 400,000 square feet of vacant space. I know from personal experience how important it is to potential tenants and their clients to have access to convenient parking. It is unfortunate that the city owned ramps as well as the existing inventory of surface parking lots have not kept up with the increasing demand for adjacent parking for both current and future tenants in the downtown business district. It is my understanding that the MPLG was not successful in its previous efforts to provide private dollars in the amount of $23.7 million to purchase the Fernbach Ramp and expand that parking ramp onto the 50 Court Street site. However, their non - financed purchase of the Main Place Ramp also has the capacity to provide the City of Buffalo with substantial fimds from the sale of the ramp, newly generated property taxes as well as significant savings for the necessary capital repairs of the ramp. Knowing of our community's long standing inability to solve our critical parking dilemma, I hope you will join me in strongly supporting the sale of the Main Place Ramp to the Main Place Liberty Group. Sincerely, REFERRED TO THE COMMITTEE ON FINANCE NO. 66 R. STANTON- PROPOSED LMPROVEMENTS TO 72- 76 PEARL STREET OUR FILE NO.: 12 -2009 Dear Mr. Chwalinski: The Pearl Street Grill and Brewery hereby appeals to the Common Council pursuant to section 337 -26 of the Charter and Code of City of Buffalo, the denial by the Preservation Board on or about April 17 2008 of a Certificate of Exception for improvements they desire to place on the outside of 72 -76 Pearl Street. The two items appealed are: the denial of the request to extend the second floor balcony approximately 12' x 8' at the second floor of the rear of the building (Franklin Street elevation) along the already approved and partially constructed second floor rear balcony as highlighted on the attached drawing "Second Floor Patio Extension Plan "; and the denial of the request to provide a second set of metal stairs to the street level to improve egress from the upper levels of the premises. In support of this application we will rely on the affidavits of previously submitted to this honorable body on or about May 22, 2007 which set forth the history of the premises and the manner of construction proposed, as well as the attached site plan indicating the additional improvement the applicant would like to install. With regard to Item "2 " set forth above we are also submitting a slightly revised plan which would move the landing of the stairs to the rear of the premises to improve the pedestrian level views of the Seneca Street windows. I have also attached a Full Environmental Assessment Form completed in relevant part by the Project Sponsor. I believe the City Department of Economic Development Permits and Inspections may also have approval authority with regard to the issuance of the permits. We ask that this appeal be filed be with the Common Council, and that this matter be set for public hearing, and referral to the appropriate committees. REFERRED TO THE COMMITTEE ON LEGISLATION PETITIONS NO. 67 J. ROBINSON, OWNER, USE 1239 HERTEL FOR A OUTDOOR CAFE (PUB HRG 6/3 )(I)EL) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 68 P. LYTTLE, AGENT, USE 975 FUHRMAN BLVD TO CONVERT A 6 STORY BLDG TO AN 8 STORY BLDG (HRG 6 /3)(SOUTH) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO 69 PHILIPS LYTLE, AGENT REZONE 975 AND 1005 FUHRMAN BLVD (HRG 6 /17)(SOUTH) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD, THE PRESERVATION BOARD AND THE ZONING BOARD NO 70 R. SANTORO, AGENT, USE 2299 SOUTH PARK FOR A POLE SIGN (NO HRG)(SOUTH) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO 71 R. SANTORO, AGENT, USE 1606 KENMORE FOR A GROUND SIGN (NORTH) (NO HRG)(NORTH) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO 72 G. SARACH, AGENT, USE 31 ABBOTT RD, USED CAR LOT (NO HRG)(NORTH) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO 73 V. DIFRANCISCO & 0- TO STOP THE CITY OF BUFFALO AND D'YOUVILLE COLLEGE FROM CLOSING OFF FARGO AVENUE TO MOTOR VEHICLE TRAFFIC We the people of Fargo Avenue, the Santa Maria Towers, and Buffalo, New York oppose the City of Buffalo and D'Youville College closing off Fargo Avenue to motor vehicle traffic between Porter and Connecticut Streets in Buffalo, New York. To close Fargo Avenue further increases the response time to our community by police, fire, and ambulances in times of emergency. It is unsafe and harmful to destroy current, easy access in the north and south bound directions. "Going down the next street" to get to our homes in an emergency is outrageous to all of us. To close off Fargo Avenue is not justified by the speeding traffic around D'Youville College. The problems from speeding cars, running of stop signs, illegal parking, blocking of intersections, fire hydrants, and crosswalks is attributive to D'Youville College students and to other non - students attracted to D'Youville College for events and programs. What is not being considered is the higher number of emergency response calls on Fargo Avenue. Life and death responses have increased on Fargo Avenue. We have had higher rates of crime, fire, and medical emergencies over the last twenty years. Traffic diversions do not improve our safety but instead cause difficulty and waste time. We suggest instead better traffic enforcement, a tunnel, an elevated walkway, or a traffic light. Imposing upon us the biased safety plan for D'Youville College while doing harm to our public safety is an exclusive, unfair, and wrongful act upon our fights as resident members of this community. We demand that Fargo Avenue continues to remain open to motor vehicle traffic on a permanent basis. COPY AVAILABLE IN THE CITY CLERKS OFFICE FOR REVIEW REFERRED TO THE COMMITTEE ON LEGISLATION & CITY PLANNING BOARD NO 74 J. DUTKA & O- SUPPORT PATIOS 483 AND 487 DELAWARE I am aware of the Stillwater Grille's proposal to create patios for its guests at 483 and 487 Delaware Avenue. I am a neighborhood resident or business owner /operator, 1 have seen the architect's renderings of the proposed patios which I understand will be presented to the Buffalo Preservation Board at its meeting on May 15, 2008. 1 am ill favor of the Stillwater Grille's proposed patios. COPY AVAILABLE IN THE CITY CLERKS OFFICE FOR REVIEW REFERRED TO THE COMMITTEE ON LEGISLATION & CITY PLANNING BOARD NO 75 G. SHRODER & O- AGAINST PATIOS 483 AND 487 DELAWARE We are the residents and owners of properties surrounding The Stillwater Restaurant & Night Club at 481 & 483 Delaware Avenue, as well as those who work in this area or who are interested in the Midway's extreme historical and architectural significance, are opposed to the approval of The Stillwater's outdoor patio development plans for front and back of the establishment. The Midway is one of the most beautiful and unusual turn of the century structures in the City of Buffalo, and it is featured in many publications about the City. The Stillwater's patio developments plans will greatly and adversely impact the beautiful facade of these structures. The Preservation Board has unanimously voted down the Stillwater's proposals so now The Stillwater is seeking to have that ruling overturned by appeal to the entire common council. This area houses many residential properties and the residents have grave quality of life concerns about this proposal. The parking situation in the area is already terrible. The litter and vandalism problem with bottles, glasses and cans and other items has gotten increasingly worse over the past year with the influx of more local drinking establishments. However, the increased noise is what will be the worst. Without even having approval for a formal patio at this time, the Stillwater permits its patrons to congregate outside, drink and smoke and even has set up tables in a patio like setting and they are very loud until the early hours of the morning. We vigorously oppose the Stillwater's plans. COPY AVAILABLE IN THE CITY CLERKS OFFICE FOR REVIEW REFERRED TO THE COMMITTEE ON LEGISLATION & CITY PLANNING BOARD REGULAR COMMITTEES CML SERVICE (BONNIE E. RUSSELL, CHAIRPERSON) NO 76 APPOINTMENT PRINCIPAL ACCOUNTANT (PROV.)(MAX) (WHITCOMB) (COMPT.) (ITEM NO. 14, C.C.P. MAY 13, 2008) That the Appointment of Richard J. Whitcomb to the position of Principal Accountant within the Division of Investment and Debt Management and the Department of Audit and Control is hereby approved on the condition that he owes no outstanding debts or liabilities to the City of Buffalo. PASSED AYES -9 NOES -0 NO 77 DOCUMENTATION OF MONITORS PAY FOR CIVIL SERVICE EXAMS (CS) CCP # 40, 5/13 That the above item be the same and hereby is Received and Filed ADOPTED FINANCE (MICHAEL P. KEARNS, CHAIRMAN) NO 78 AWARD BUSINESS PROCESS REDESIGN TO ENV MNGT ASSOC (EDPI) (NO 34,6/13) That the above item be the same and hereby is Received and Filed ADOPTED NO 79 B. DAVIS -BFSA RESPONSE REQ TO AUTDIT BOOKS (NO 48, 5/13) That the above item be the same and hereby is Received and Filed ADOPTED NO 80 M. KEARNS -BFLO WATER BD INFO MNGT AGREEMENT (NO 54,6/13) That the above item be the same and hereby is Received and Filed ADOPTED NO 81 M. KEARNS -REQ CLARIFICATION ON MNGT AGMT BTWN BFLO WATER BD AND AWS (#55,5/13) That the above item be the same and hereby is Received and Filed. ADOPTED NO 82 M. KEARNS -J. HEFFRON- OPINION ROOF REPLACEMENT INCENTIVE (NO 67,6/13) That the above item be the same and hereby is Received and Filed ADOPTED NO 83 M. LOCURTO - PARTNERSHIPFORTHEPUBLICGOOD STATEMENT - 2008 -2009 BUDGET (NO 68,6/13) That the above item be the same and hereby is Received and Filed ADOPTED NO 84 MACHAMER- CONCERNS -USER FEE, WATER BILLS AND TOTE SIZE (NO 69,6/13) That the above item be the same and hereby is Received and Filed ADOPTED COMMUNITY DEVELOPMENT (MICHAEL J LOCURTO, CHAIRMAN) NO 85 J. GOLOMBEK -M. BROCKMYRE- CONCERNS WITH THE BOPC -20 YR PLAN (NO 70,12/11) That the above item be the same and hereby is Received and Filed. ADOPTED NO 86 YEAR 33 COMMUNITY DEVELOPMENT QUARTERLY REPORTS 5/1/07- 7/31/07 (COM 28,03/18) That the above item be the same and hereby is Received and Filed. ADOPTED NO 87 YEAR 33 COMMUNITY DEVELOPMENT QUARTERLY REPORTS 11/1/07 - 1/31/08 (COM 29,03/18) That the above item be the same and hereby is Received and Filed. ADOPTED LEGISLATION (JOSEPH GOLOMBEK JR., CHAIRMAN) NO 88 J. MCCARTHY, AGENT, USE 483 DELAWARE, SIDEWALK CARE & PATIO IN REAR YARD (ITEM NO. 70, C.C.P. MAY 13, 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 89 O. RAUVENPOOR, AGENT, USE 494 FRANKLIN AKA 69 ALLEN, RENOVATION OF INTERIOR RESTAURANT (ITEM NO. 72, C.C.P. MAY 13, 2008) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Golombek moved: That the application of O. Rauvenpoor to alter /renovate the interior of an existing restaurant space in a 2 story masonry strip mall at 494 Franklin Street AKA 69 Allen Street is hereby approved. PASSED AYES- 9NOES -0 NO 90 J. KAWCZYNSKI, AGENT, USE 93 MAPLE STREET, REPLACEMENT GROUND SIGN (ITEM NO. 73, C.C.P. MAY 13, 2008) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Golombek moved: That the application of Jude Kawczynski to permit a ground sign 38" high and 48" wide, at a total height of 68 ", reading "HOSPICE HOUSE" is hereby approved. PASSED AYES -9 NOES -0 NO 91 V. DIFRANCISCO & OTHERS -STOP COB & D'YOUVILLE COLLEGE FROM CLOSING OFF FARGO AVE TO MOTOR VEHICLE TRAFFIC (NIA) ( #75, 5/13) That the above item be the same and hereby is Received and Filed. ADOPTED NO 92 USE PORTION OF CITY ROW OF N. DIVISION ST. BETWEEN OAK AND ELLICOTT (ITEM NO. 30, C.C.P. MAY 13, 2008) That pursuant to Chapter 413 -67 of the City Code, the Acting Commissioner of Public Works be, and he hereby is, authorized to issue a "mere license" to the Niagara Frontier Transportation Authority ( "NFTA ") for the use of the City Right of Way, specifically an 8' by 200' area located within the curb cut between Oak and Ellicott Streets on the North side of North Division Street, provided the following conditions are met: That the applicant obtain any and all other required City of Buffalo permits. That the applicant shall be responsible for maintenance of the parking area within the City right of way. That the applicant be charged any fee established for similar situations wherein City right of way is utilized as a parking area. 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. That the applicant supply the Department of Public Works, Parks and Streets with a Certificate of Insurance, in an amount deemed sufficient b3— Corporation Counsel, which will indemnify and save harmless the City of Buffalo against any and all loss or damage arising out of the construction, maintenance, use, or removal of said area. PASSED AYES - 9 NOES - 0 NO. 93 B. DAVIS -M. HWANG -INFO HOUSING UNITS (#46,5/13) That the above item be the same and hereby is Referred to the Community Development. ADOPTED NO. 94 C. PALADINO -REQ RESOLUTION CCP #! 12,4/29/08 BE RESCINDED ( #62,5113) That the above item be the same and hereby is Received and Filed. ADOPTED NO. 95 TRAILBLAZING SIGN REQ. FOR ROSE PROCKNAL (ITEM NO. 111, C.C.P. MAY 13, 2008) That the Commissioner of Public Works, Parks & Streets be, and he hereby is authorized to install Trailblazing Signs beneath the existing street signs at the intersection of Katherine Street and O'Connell Avenue proclaiming that portion as "Rose Procknal Way." PASSED AYES -9 NOES -0 NO. 96 ORDINANCE AMENDMENT - CHAPTER 413- STREETS AND SIDEWALKS (ITEM NO. 115, C.C.P. MAY 13, 2008) That the Ordinance Amendment as contained in Item No. May 13, 2008, be and the same hereby is approved. PASSED AYES -9 NOES -0 NO. 97 ORD AMED -CH 413 STREETS AND SIDEWALKS ( #122,4/29)( #103,5/13) That the above item be the same and hereby is Received and Filed. ADOPTED NO. 98 FOOD STORE LICENSE- 1421 MAIN STREET (ITEM NO. 108, C.C.P. MAY 13, 2008) (ITEM NO. 33, C.C.P. APRIL 1, 2008) That pursuant to Chapter 194 of the City of Buffalo Ordinances, the Commissioner of Economic Development, Permits and Inspections Services is authorized to issue a Food Store License to Khaleel Saleh for 1421 Main Street (Around the Clock Express Mart). PASSED AYES -9 NOES -0 NO. 99 REQ NYS LEG TO PROHIBIT INDIV. WHO MAKE RACIALLY- OFFENSIVE OR INSENSITIVE REMARKS FROM MAINT. OR OBTAINING PUBLIC LEASES(EXC (EXC 1 ST & 2ND RES) ( #112,4/29) That the above item be the same and hereby is Received and Filed. ADOPTED NO. 100 FOOD STORE & MEAT, FISH & POULTRY LICENSES (EDPI) ( #27,2/5) That the above item be the same and hereby is Received and Filed. ADOPTED RESOLUTIONS NO. 101 SPONSOR: BRIAN C. DAVIS HOME RULE MESSAGE REQUESTING THE NEW YORK STATE LEGISLATURE TO APPROVE ASSEMBLY BILL A.7817A AND SENATE BILL S.6626A AUTHORIZING THE EXPENDITURE OF PROCEEDS FROM BONDS ISSUED BY THE CITY OF BUFFALO FOR THE REHABILITATION AND RECONSTRUCTION OF STREETS /CURBS /SIDEWALKS IN THE HOMEOWNERSHIP ZONE WHEREAS: A Bond Resolution of the City of Buffalo, New York ( "the City ") was adopted on February 7, 2006 authorizing the issuance of $830,000 General Improvement Bonds of the City, the proceeds of which were intended to finance the costs of rehabilitation and reconstruction of streets, curbs and sidewalks in the Homeownership Zone at an estimated cost of $830,000; and WHEREAS: On April 26, 2006, said bond was issued in the amount of $823,196.97 for the intended purpose of financing the costs of rehabilitation and reconstruction of streets, curbs and sidewalks in the Homeownership Zone; and WHEREAS: Due to an administrative error that occurred during the preparation of the Bond Resolution authorizing the issuance of said funds, language inconsistent with the actual purpose of issuing said funds was included. This language incorrectly indentified the purpose of issuing said funds as "to finance the cost of removal of dead or diseased trees in the area bounded by Cherry Street, Adams Street, Seneca Street and Michigan Avenue in the City "; and WHEREAS: The actual intended purpose of issuing said bonds was to finance the cost of rehabilitation and reconstruction of various streets, curbs and sidewalks in the Homeownership Zone including asphalt pavement milling / resurfaeing, curbing, highway storm drainage, sidewalks, street lighting, traffic control systems and other related right of way enhancements on existing City streets within the Homeownership Zone; and WHEREAS: A Home Rule Message in support of Assembly Bill A.7817 and Senate Bill S.5525, which would allow the City of Buffalo to expend said bond proceeds for the correct purpose, was adopted by the City of Buffalo Common Council on February 5, 2008; and WHEREAS: Subsequently, procedural considerations in the New York State Legislature have lead to Assembly Bill A.7817 being amended and reintroduced as Assembly Bill A.7817A and Senate Bill S.5525 being amended and reintroduced as Senate Bill S.5525A; and WHEREAS: Assembly Bill A.7817A is substantially the same as Assembly Bill A.7817, and Senate Bill S.5525A is substantially the same as Senate Bill S.5525; and WHEREAS: The purpose of these amended bills is to allow the City of Buffalo to finance the cost of rehabilitation and reconstruction of various streets, curbs and sidewalks in the Homeownership Zone, including asphalt pavement milling /resurfacing, curbing, highway storm drainage, sidewalks, street lighting, traffic control systems, and other related right of way enhancements on existing City streets within the Homeownership Zone. WHEREAS: If the New York State Legislature is to consider Bills A.7817A and S.5525A, a Home Rule Message must be adopted by the City of Buffalo and the appropriate Home Rule Request forms completed by the City of Buffalo and forwarded to the appropriate New York State Legislature Home Rule Counsels; and NOW, THERFORE, BE IT RESOLVED: That the City of Buffalo Common Council hereby requests the New York State Legislature to approve Assembly Bill A.7817A and Senate Bill S.5525A so as to enable the City of Buffalo, NY to expend said bond proceeds for the correct purposes as cited herein. BE IT FINALLY RESOLVED: That the City Clerk is hereby directed to forward ten (10) copies of this resolution and ten (10) completed copies of the Home Rule Request to the New York State Legislature as follows: Four (4) copies of this Resolution and four (4) completed copies of the Home Rule Request, to the Senate Home Rule Counsel, at Senate Post Office, 208 Legislative Office Building, Albany, NY 12247; four (4) copies of this Resolution and four (4) completed copies of the Home Rule Request to the New York Assembly Home Rule Counsel, at Assembly Post Office, 210 Legislative Office Building, Albany, NY 12248; one (1) copy of this Resolution and one (1) completed copy of the Home Rule Request to Senator Antoine M. Thompson, at 615 Legislative Office Building, Albany, NY 12247; and one (1) copy of this Resolution and one (1) completed copy of the Home Rule Request to Assemblymember Crystal D. Peoples, 619 Legislative Office Building, ADOPTED NO. 102 BY MR. DAVIS HOME RULE MESSAGE REQUESTING THAT THE NEW YORK STATE LEGISLATURE PASS BILLS S.8190 AND A.10995 TO PROVIDE A PLAN OF EXPENDITURE FOR MONIES APROPRIATED AND RECEIVED BY THE STATE OF NEW YORK ON BEHALF OF A GAMING FACILITY LOCATED IN THE CITY OF BUFFALO WHEREAS: Bill S.8190 has been introduced in the New York State Senate and bill A. 10995 has been introduced in the New York State Assembly; and WHEREAS: The purpose of Bills S.8190 and A. 10995 is to provide for a plan of expenditure for monies appropriated and received by the State of New York on behalf of a gaming facility located in the City of Buffalo; and WHEREAS: The agreement between the Seneca Nation of Indians and the City of Buffalo acknowledges that it is the intention of the Seneca Nation of Indians that the City be designated as the sole host municipality and this intent is further evidenced by the fact that the County of Erie was neither a party nor a signatory to the agreement; and WHEREAS: According to the agreement between the Seneca Nation of Indians and the City of Buffalo, the City agreed to provide sewer, water, and emergency services to the proposed Buffalo Creek Casino; and WHEREAS: The County of Erie has on many occasions expressed its opposition to the construction and operation of a casino on the Buffalo Creek Casino Site, which has been evidenced by its participation in three separate lawsuits; and WHEREAS: As a result of this litigation involving the County of Erie, the City of Buffalo has spent approximately $400,000 on legal fees, a fact that on its own should preclude Erie County from obtaining revenue as a "host community" under the existing statute; and WHEREAS: Currently, the law does not specify the "host community" entitled to the revenues provided for in the tribal -state compact; and WHEREAS: Bills S.8190 and A.10995 would amend subdivision 3 of section 99 -h of the state finance law, as amended by chapter 747 of the laws of 2006, to provide that 25 % of the net drop from electronic gaming devices from any gaming facility located in the City of Buffalo shall be distributed in accordance with subdivision five of this section; and WHEREAS: Bills S.8190 and A. 10995 would also amend subdivision 3 of section 99 -h of the state finance law, as amended by section 1 of part V of chapter 59 of the laws of 2006, to clarify that the municipal government entitled to receive the minimum 25 % / —'[ share of the tribal -state compact electronic gaming device revenues is to be the City of Buffalo; and WHEREAS: Bills S.8190 and A.!0995 would additionally amend subdivision 3 of section 99 -h of the state finance law, as amended by chapter 747 of the laws of 2006, by adding a new subdivision 5 by specifying that the City of Buffalo will retain 96.5 % of the total annual amount received and 3.5% will be allocated for the development, preservation and expansion of cultural institutions or the development and preservation of tourism resources; and WHEREAS: Bills S.8190 and A.10995 provide for the repeal of the aforementioned provisions on December 31, 2018; and WHEREAS: If the New York State Legislature is to consider Bills S.8190 and A.10995, a Home Rule Message must be adopted by the City of Buffalo and the appropriate Home Rule Request forms completed by the City of Buffalo and forwarded to the appropriate New York State Legislature Home Rule Counsels; and NOW THERFORE BE IT RESOLVED: That the City of Buffalo Common Council hereby requests the New York State Legislature to approve Senate bill S.8190 and Assembly bill A.10995 so as to provide for a plan of expenditure for monies appropriated and received by the State of New York on behalf of a gaming facility located in the City of Buffalo; and BE IT IS FURTHER RESOLVED: That the City Clerk is hereby directed to forward ten (10) copies of this resolution and ten (10) completed copies of the Home Rule Request to the New York State Legislature as follows: Four (4) copies of this Resolution and four (4) completed copies of the Home Rule Request, to the Senate Home Rule Counsel, at Senate Post Office, 208 Legislative Office Building, Albany, NY 12247; four (4) copies of this Resolution and four (4) completed copies of the Home Rule Request to the New York Assembly Home Rule Counsel, at Assembly Post Office, 210 Legislative Office Building, Albany, NY 12248; one (1) copy of this Resolution and one (1) completed copy of the Home Rule Request to Senator William T. Stachowski, at 802 Legislative Office Building, Albany, NY 12247; and one (1) copy of this Resolution and one (1) completed copy of the Home Rule Request to Assemblymember Crystal D. Peoples, 619 Legislative Office Building, Albany, NY 12248. ADOPTED NO. 103 BY MR. GOLOMBEK NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION URBAN FORESTRY GRANT WHEREAS, The City of Buffalo, in cooperation with Re -Tree Western New York, continues to replace the approximately 7,400 publicly - owned trees lost in the October 2006 "Surprise Snow Storm; WHEREAS, The City of Buffalo has over 40,000 plantings identified in the City's Urban Forest Master Plan; WHEREAS, The New York State Department of Environmental Conservation provides Cost -Share Grants for projects such as tree and shrub planting and maintenance; WHEREAS, The City of Buffalo Department of Public Works spent over $130.000 in tree plantings in 2006 -2008; WHEREAS, The Department of Public Works budgeted tree planting expenditures for 2008 - 2010, in addition to cash and in -kind service match from Re -Tree Western New York, will provide the 50/50 match required by the Cost -Share Grant guidelines; WHEREAS, The City of Buffalo, as lead applicant, wilt prepare and submit an application for a grant amount not to exceed $75,000 from the Urban and Community Forestry Program; WHEREAS, The City of Buffalo Common Council endorses the application for funding through the NYS Department of Environmental Conservation; and WHEREAS, The NYS DEC requires a resolution of the governing body for the grant application, NOW, THEREFORE, BE IT RESOLVED: That Steven J. Stepniak, as Commissioner of Public Works of the City of Buffalo, or such person's successor, is hereby authorized and directed to file an application for 50% matching funds in an amount not to exceed $75,000, and upon approval of said request to enter into and execute a project agreement with the New York State Department of Environmental Conservation for such financial assistance to the City of Buffalo for a Tree Planting Cost -Share Grant for Urban and Community Forestry in New York State. ADOPTED NO. 104 BY: MR. KEARNS, MR. FRANCZYK AND MR. FONTANA, AND ALL MEMBERS NO. 104 RE: HONOR JAMES D. GRIFFIN - DOWNTOWN BASEBALL STADIUM In 1970, Buffalo's professional baseball team left the City, leaving Buffalo without a baseball team for the first time since 1876. In 1979, Buffalo Mayor James D. Griffin organized 90 people who contributed $1,000 apiece of their own money to bring baseball back to Buffalo; and The team played at War Memorial Stadium and when Robert Rich Jr. purchased the team in 1983, Griffin's focus turned to building a new baseball stadium downtown; and When no one thought building a baseball stadium downtown was feasible, Mayor Griffin persevered and on April 14, 1988, the new home of the Buffalo Bisons opened to a sellout crowd downtown; and The Buffalo Bisons set minor league attendance records, drawing over 1 million fans per season for six consecutive years from 1988 to 1993; and To this day, a ball game at Dunn Tire Park downtown is a safe, affordable family - friendly attraction that can be enjoyed by people from throughout Western New York; and While recognizing that revenue generated from naming rights is needed to fund stadium operations, we must also find a way to honor the true architect of Dunn Tire Park; Now, Therefore be it Resolved: That the Common Council of the City of Buffalo supports honoring former Mayor James D. Griffin for all of his tireless efforts in building the downtown baseball stadium; and Be it Further Resolved: That this Honorabe Body endorses a permanent memorial at Dunn Tire Park to honor and pay tribute to James D. Griffin; and Be it Finally Resolved: That certified copies of this resolution be sent to the Corporation Counsel, Mayor of the City of Buffalo and the Buffalo Bisons for their comments and /or recommendations. ADOPTED NO. 105 BY MR. MICHAEL P. KEARNS SUPPORT OF ERIE COUNTY INITIATIVE TO IMPROVE REAL PROPERTY TAX SERVICE AND ASSESSMENT ADMINISTRATION COUNTYWIDE WHEREAS, Erie County has applied for and received a grant through the New York State Office of Real Property Services to look at ways to improve the delivery of assessment administration services; and WHEREAS, Erie County currently has 30 assessing units which include 25 towns, 3 cities and 2 villages with a total of 39 Assessors; and WHEREAS, the County Office of Real Property Tax Services has established a committee comprised of representatives from within county government, the state and local assessment community as well as one of Erie County's largest taxpayers to carry out the study; and WHEREAS, the committee immediately identified that the ultimate success and accuracy of the study will depend in part on participation from each of the assessing units within Erie County and the elected municipal boards governing them; and WHEREAS, it is the goal of the committee to identify the best approach to delivering real property tax and assessment services in Erie County and therefore, the committee will explore options that are most appropriate to each individual municipality so that a greater level of efficiency, transparency and equity can be provided to taxpayers; and NOW TIIERFORE BE IT RESOLVED, That the City of Buffalo Common Council recognizes the importance of delivering the best possible assessment administration services to our taxpayers; and BE IT IS FURTHER RESOLVED, That adoption of this resolution signifies a desire and willingness to have the City of Buffalo's assessing unit participate in the study being conducted by the Erie County Office of Real Property Tax Services to improve the efficiency, transparency and equity of assessment administration services; and BE IT IS FINALLY RESOLVED, That certified copies of this resolution shall be forwarded to the City of Buffalo Department of Assessment and Taxation, Erie County Director of Real Property Tax Services- Joseph L. Maciejewski, Erie County Executive- Chris Collins, Erie County Comptroller- Mark Poloncarz and New York State Office of Real Property Services Customer Relations Manager- Patrica A. Valvo. ADOPTED NO. 106 BY: MR. LOCURTO RE: PERMISSION TO ALLOW HERTEL BUSINESS ASSOCIATION TO HANG BANNERS ON LIGHT POLES ALONG HERTEL AVENUE. WHEREAS, The Common Council recognizes the Hertel Avenue Business District as an essential part of the economic vitality of the City of Buffalo and as a commercial center in North Buffalo, WHEREAS, The Hertel Business Association is seeking ways to promote the wide variety of businesses located on Hertel Avenue during the summer months, WHEREAS, In an effort to advertise the many unique businesses on Hertel Avenue, representatives of the Hertel Business Association have requested permission to hang banners on light poles along Hertel Avenue, particularly between Delaware Avenue and Parkside Avenue, WHEREAS, The Hertel Business Association is familiar with the banner requirements, and will purchase the necessary bond before the banners are hung, NOW, THEREFORE, BE IT RESOLVED: That the Common Council does hereby grant permission to the Hertel Business Association and its membership businesses to hang banners on light poles along Hertel Avenue between Delaware Avenue and Parkside Avenue from June 1, 2008 through October 31, 2008; and BE IT FINALLY RESOLVED: That the banners meet the requirements of appropriate City Departments and that no existing laws, rules or regulations are violated, particularly those found in City Charter and Code §387 -15 or other pertinent sections thereof. ADOPTED NO. 107 BY: MR. RIVERA REGARDING THE APPOINTMENT OF A NEW ASSISTANT LEGISLATIVE AIDE Whereas Gabriel A. Gathier resigned his position as Assistant Legislative Aide to Niagara District Councilmember David A. Rivera effective April 18, 2008; and Whereas after an exhaustive interview process, Noeml Moaero, Who resides at 1 Maryner Towers, Apt. 707, has been offered and accepted the position of Assistant Legislative Aide; and Whereas , Ms. Moaero brings with her many years experience in the community and an impressive work history which will enable her to assist the residents of the Niagara District effectively; Now Therefore be it resolved that the Common Council of the City of Buffalo appoints Ms. Noemi Modero to the position of Assistant Legislative Adie for the Niagara District. ADOPTED NO. 108 BY MRS RUSSELL BUDGET AND PERSONNEL AMENDMENT ADMINISTRATION, FINANCE, POLICY & URBAN AFFAIRS DIVISION OF TREASURY The Common Council of the City Of Buffalo does ordain as follows: That part of Section I of Chapter 35 of the Code of the City of Buffalo, relating to 15 - Administration, Finance, Policy & Urban Affairs - 1056 - Division of Treasury which currently reads: 1 Administrative Assistant $ 33,545 - $ 38,584 1 Chief Teller $31,791 - $36,193 5 Assistant Collection Officer $ 33,359 - $ 37,761 Is hereby amended to read: 1 Assistant Administrator of Treasury & Collections $ 44,072 - $ 52,536 1 Treasury Administrator $ 37,913 - $ 43,908 4 Assistant Collection Officer $ 33,359 - $ 37,761 That a personnel requisition incident to the creation of the above - mentioned position, containing a statement of the duties for such position, has been filed with the Municipal Civil Service Commission, and said Commission has approved and certified the position title set forth in the foregoing ordinance as being the appropriate Civil Service title for the proposed position JANET PENKSA, COMMISSIONER OF ADMINISTRATION, FINANCE, POLICY & URBAN AFFAIRS AND DONNA J. ESTRICH, DIRECTOR OF BUDGET, ADMINISTRATION AND FINANCE, hereby certify that the above change is necessary for the proper conduct, administration and performance of essential services of that department. We recommend that the compensation for said position be fixed at the respective amount set forth in the foregoing ordinance. APPROVED AS TO FORM Corporation Counsel 0412212008 PASSED AYES -9 NOES -0 NO. 109 BY: MR. SMITH URGING THE NEW YORK STATE LEGISLATURE TO UPDATE NEW YORK'S BOTTLE BILL WHEREAS, New York's Returnable Beverage Container Act, known as the "bottle bill," is New York's most effective recycling and litter prevention program; and, WHEREAS, since 1982, more than 90 billion bottles and cans have been returned and recycled in New York because of the bottle bill, which places a 5 -cent refundable deposit on beer and soda containers; and, WHEREAS, the bottle bill did not include bottled water, iced teas, sports drinks, and other non - carbonated beverages because they were not popular in 1982, but they now make up more than 25% of the beverage market; and, WHEREAS, after the original bottle bill went into effect, litter volume in New York declined by 30% and our streets, parks, beaches, farms, and communities were noticeably cleaner; and, WHEREAS, recent litter surveys conducted in New York by coastal cleanup volunteers found that nearly two - thirds of the bottles and cans now polluting New York's rivers and beaches are non - carbonated beverages such as water and iced tea bottles that do not have a deposit, and these containers make up approximately 20% of the total litter volume; and, WHEREAS, approximately 80% of deposit containers are recycled through the bottle bill and curbside recycling programs in New York, while fewer than 20% of non - deposit containers are recycled; and, WHEREAS, legislation known as the "Bigger Better Bottle Bill" has been introduced in the New York State Legislature that would update New York's bottle bill to include non - carbonated beverages such as water, iced tea, juice, and sports drinks; and, WHEREAS, the "Bigger Better Bottle Bill" would also require beverage companies to return unclaimed bottle deposits to the State Environmental Protection Fund to benefit the public; and, WHEREAS, the Environmental Protection Fund is a dedicated trust fund for New York's environment that supports local recycling programs, parks, waterfront revitalization, open space, farmland preservation, and other programs to protect our land, air, and water; and, WHEREAS, the Division of Budget estimates that the unclaimed deposits from the updated bottle bill could generate more than $100 million each year for the Environmental Protection Fund; and, WHEREAS, the Bigger Better Bottle Bill has been endorsed by more than 500 groups, businesses, and local governments across the state; and WHEREAS, we all have a responsibility to keep our communities clean and healthy; NOW THEREFORE BE IT RESOLVED, That the Common Council of the City of Buffalo, does hereby urge state lawmakers to support cleaner communities, a healthier environment, and increased funding for environmental programs by passing the Bigger Better Bottle Bill; and, BE IT FURTHER RESOLVED, That the Clerk of the Common Council of the City of Buffalo is hereby directed to forward copies of this resolution to Governor David Paterson, Senate Majority Leader Joseph L. Bruno, Assembly Speaker Sheldon Silver, the Western New York Senate and Assembly Delegation, and the New York Public Interest Research Group. REFERRED TO THE COMMITTEE ON LEGISLATION. BY: DEMONE A SMITH NO. 110 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 Joseph Spino JoAnn LoCilero TOTAL 2 ADOPTED BY: DEMONE A SMITH NO. 111 APPOINTMENTS �14 CZO] a C 44 oil 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: Michael Rickert Judith Einach Kristin O'Hara Blumburg Leah Mitchell Total: 4 ADOPTED NO. 112 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, June 3, 2008 at 9:45 o'clock A.M. Committee on Finance following Civil Service Tuesday, June 3, 2008 at 10:00 o'clock A.M. Committee on Comm. Dev. Tuesday, June 3, 2008 at 1:00 o'clock P.M Committee on Legislation Tuesday, June 3, 2008 at 2:00 o'clock P.M. Special Committees Special Committee on Legislation Wednesday, May 28, 2008 at 2:00 o'clock pm in Room 1417 Special Committee on Taxicab & Livery Wednesday, June 4, 2008 at 10:00 o'clock am in Room 1417 (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. 113 ADJOURNMENT On a motion by Mr. Fontana, Seconded by Mrs. Russell the Council adjourned at 2:55 PM