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Home My WebLink About08-0610 (2)No. 12 PROCEEDINGS OF THE CITY OF BUFFALO June 10, 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 I1►DL+ZH_VA r to] ►1»A.Ze3:0 tell 9W. yl0 /e1, DATE June 10 2008 MAYOR 1- A. Labor Contract AFSCME -Local 650 APP MAYOR - EXECUTIVE 2- 1. Cit Serv- Submission of Monthly Report(May 2008) R &F 3- 2. Plan Bd- Determination of Significance -Queen City Landing R &F 4- 3. Strat Plan- Report of Auction 9/22/07- 65 Monroe(Ell) FIN 5- 4. Strat Plan - Results of Neg -577 Hopkins(Lov) APP COMPTROLLER 6- 5. Certificate of Necessity - Capital Projects R &F 7- 6. Certificate of Necessity- Common Council- City Clerk($1500.00) R &F 8- 7. Certificate of Necessity -City Clerk- Common Council($4337.01) R &F 9- 8. Certificate of Necessity- Common Council ($5200.00) R &F 10- 9. Appt Principal Accountant (Temp)(Max)(Barrett) CS ASSESSMENT 11- 10. Support EC Initiative To Improve Real Prop Tax Sery & Assess Admin R &F PUBLIC WORKS 12- 11. Notification Serial #10231- 10232(Waive 45 Days) R &F 13- 12. Change Order - Canadian Nat RR Bridge Squaw Is Access Rd APP 14- 13. Contract Amend -Btwn Allied Waste Sery & COB FIN 15- 14. Perm to Hire Consultant -Emerg Bridge Repair APP 16- 15. Perm to Hire Consultant - Completion of Obsery Deck at Erie Basin Marina APP 17- 16. Perm to Hire Consultant- Museum of Science Fagade Restor APP 18- 17. Report of Bids -Main St 700 Block APP 19- 17A Report of Bids - Citywide sidewalk Repl APP 20- 18. Response -B. Davis -BFNC Letter Req Capital Imp Masten Playground FIN 21- 19. Appt Laborer II (Perm)(Max)(Filer) CS POLICE 22- 20. Change Order - Citywide Surveillance Camera Project APP PERMITS AND INSPECTIONS 23- 21. Bid Opening Demolition of 105 Porter, 604 Fourth, 300 Manhattan APP 24- 22. Used Car Dealer 150 Bailey(Lov) APP W /COND 25- 23. Used Car Dealer 1540 Seneca St (Lov) APP W /COND COMMUNITY SERVICES 26- 24. Expansion of Clinic Management System FIN 27- 25. Third Quarterly Report -Div of Substance Abuse CD 28- 26. Response Travel Information Req by Council FIN CITY CLERK 29- 27. Liquor License Applications R &F 30- 28. Reports of Attendance R &F 31- 29. Notices of Appointments - Council Interns ADOPT 32- 30. Notices of Appointments- Mayors Program R &F 33- 31. Notices of Appointment - Seasonal R &F 34- 32. Notices of Appointments- Temp /Prov /Perm CS MISCELLANEOUS 35- 33. E. Bockstahler- Interest in Purchasing 366 W Ferry(Nia) CD 36- 34. LP Ciminelli -Board Packet Documents June 2008 R &F 37- 35. B. Davis -C. Rodriguez- Introduction of Mandate of City's Comm on Citizens Rights & Community Relations LEG 38- 35A. B. Davis -R. Reynolds - Support Ltr for Denial of 175 S. Division Parking Lot R &F 39- 35B. C. Griffasi- Implement the 2 nd Annual Cultural Walk of Fame CD 40- 36. J. Hornung- Response -BNFC Letter Req Capital Imp /Masten Playground FIN 41- 37. D. Kaminski - Buffalo Southtowns Connector Project W /FRONT 42- 38. M. LoCurto- Partnership for the Public Good Report on Greening Buffalo CD 43- 39. B. Louis - Support Proposed Work at 72 -76 Pearl st LEG 44- 40. Gov D. Paterson -The NYS Returnable Container Act LEG 45- 41. NYSDEC - Cleanup Activities Complete- Steelfields Site W /FRONT 46- 42. A. Randaccio -NFTA Req Encroach of ROW on Ell St Btwn N Div & Eagle St LEG,PW 47- 43. D. Smith - Questions Regarding Proceedings /Officer Horne LEG,POL,CC 48- 44. D. Smith -R. Daines -NYSDH Draft Legislation Health Care in Erie County CD 49- 45. D. Smith - Request Info on Hiring of Council Staff R &F 50- 46. D. Smith- Request J. Cooper III be Appointed to Bflo Arts Comm LEG,MAYOR 51- 47. M. Visher - Kaleida Health Community and Provided Health Care Project Study CD PETITIONS 52- 48. P. Cavaretta, Agent, Restricted Use, Convert Existing Store to Take -Out Restaurant(pub hrg 6 /17)(North) LEG,CPBD 53- 49. B. Melber, Agent, Use Rest /Nightclub to Add a New Rest Patio 483 Delaware(hrg 6/17) LEG,CPBD 54- 50. D. Connors, Owner, Use 234 Delaware AKA 117 Chippewa W, Sidewalk Patio to the Front of Existing Bar /Rest.(no pub hrg)(EII) LEG,CPBD 55- 51. R. Platt, Agent, Use 51 Mohawk East for an Outdoor Patio (no pub hrg)(EII) LEG,CPBD,PRES BD, ZONING 56- 51 A. H. Hitzel, Use 407 William, Alter Existing Ctr for a HSF(EII)(no pub hrg) ADOPT RESOLUTIONS 101- 52. Davis Moratorium on Surface Parking ADOPT 102- 53. Davis Permission to Hang Banner On Allen St ADOPT 103- 54. Golombek D/C Legislation ccp #105, 5/13/08 ADOPT D/C APP 104- 55. Golombek Ord Amend -Ch 437 - Taxicabs, Liv & Sightseeing Buses LEG 105- 55A Golombek Perm to Hang The Garden Walk Bflo Banner ADOPT 106- 56. Kearns Transfer of Funds - Capital Projects APP 107- 57. Kearns Transfer of Funds -CC Leg $4337.01 APP 108- 58. Kearns Transfer of Funds -CC Leg $1,500 APP 109- 59. Kearns Transfer of Funds -CC Leg $5,200 APP 110- 60. LoCurto Initiating a City -Hall Ride -Share Program to Encourage Employees to Carpool ADOPT LAST RES REM TO CD,HR,PKBD,BIC PED BD 111- 61. Rivera, etc In Support of Gay Pride Week and Events ADOPT 112- 62. Rivera Appt Sr. Legislative Assistant(Bellfield) ADOPT 113- 63. Russell Budget & Personnel Amend - Comptroller -Audit APP 114- 63A Russell Salary and Wage Schedule A APP 115- 63B Russell Salary Ordinance Amendment - Various Departments APP 116- 64. Smith Permission to Hang Banners in Delavan Grider Comm ADOPT 117- 64A Smith LL Intro# 4 -Amend Article 28 in Relation to Asmt LEG, ASMT 118- 65. Smith Trailblazing Sign in Honor of Dr. Robert E. Baines LEG,PW 119- 66. Smith Felicitations /In Memoriam ADOPT 120- 67. Smith Commissioner of Deeds - Public Duties ADOPT 121- 68. Smith Commissioner of Deeds ADOPT SUBMISSION LIST OF COMMITTEE ITEMS FOR THE COUNCIL MEETINGS May 27 CIVIL SERVICE 76- 20. No 54 Apr 29 LEGISLATION 86- 30. No 48 57- 1. Com 17 May 27 Appt Executive Director (Exempt)(Flat)(Eszak)(Strat Plan) R &F 58- 2. Com 30 May 27 Appt Comm Public Works, Pks & Sts(Exempt)(Flat)(Stepniak)(PW) R &F 59- 3. Com 31 May 27 Appt City Engineer (Exempt)(Flat)(Merlo)(PW) R &F 60- 4. Com 39 May 27 Appt Director of Mayors Task Force on Housing B. Davis -Cold Springs Taxi Letter Regarding Potential Rate Increase R &F J. Golombek -B. Drake - Concerns Raising Taxi Fares R &F (Exempt)(Flat)(Fanara)(EDPI) R &F 61- 5. Com 40 May 27 Appt Sr. Special Assistant to the Comm of EDPI R. Stanton -Pearl Street Grill & Brewery- Appeal Pres Bd Denial(Ell) APP Urging The NYS Leg to Update NY Bottle Bill APP (Exempt)(Flat)(Ford)(EDPI) R &F 62- 6. Com 41 May 27 Inquiries Inc Modification Agmt- Background Investigation for Entry J. Golombek -I Finkelshtein- Standardized Taxi Rates R &F R. Pekarski - Verizon Wireless Monopole- Tower - Bailey Clinton (Lov) R &F Police & Fire(CS) APP 63- 7. Com 47 May 27 Notices of Appointments- Temp /Prov /Perm(Cty Clk) R &F 64- 8. Com 41 May 13 Public Safety Psych Contract Ext -Psych Evaluation for Entry Level Police (CS) APP 65- 9. Com 42 May 13 Ext Contract Inquiries Inc - Background Investigation for entry Police & Fire(CS) R &F FINANCE 66- 10. Com 19 May 27 67- 11. No 65 May 27 68- 12. Com 38 May 13 69- 13. Res 117 May 13 70- 14. Res 123 Apr 29 71- 15. Com 1 Apr 15 COMMUNITY DEVELOPMENT 72- 16. Com 11 May 27 73- 17. No 55 May 27 74- 18. No 93 May 27 75- 19. Res 126 Mar 4 76- 20. No 54 Apr 29 LEGISLATION 86- 30. No 48 77- 21. No 67 May 27 78- 22. No 68 May 27 79- 23. No 70 May 27 80- 24. No 71 May 27 81- 25. No 72 May 27 82- 26. No 73 May 27 83- 27. No 74 May 27 84- 28. No 75 May 27 85- 29. Com 2 May 27 86- 30. No 48 May 27 87- 31. No 52 May 27 88- 32. No 53 May 27 89- 33. No 56 May 27 90- 34. No 66 May 27 91- 35. Res 109 May 27 92- 36. No. 69 May 13 93- 37. No 51 94- 38. No 52 95- 39. No 63 96- 40. Res 116 97- 41. Com 37 98- 42. Res 86 99- 43. Com 25 100- 44. No 69 May 13 May 13 May 13 May 13 Apr 29 Mar 18 Apr 1 Oct 2 Contract Information on Line(MIS) R &F P. Snyder - Support MPLG Purchase of Main Place Ramp R &F Approval of Sery Contract With Erie Reg Housing Dev Corp R &F Bflo Leadership Americorp Program(Com Svs) APP Budget & Personnel Amend -MIS APP Req and Audit of Mayors Impact Team R &F (311)Detailed Summary(Mayor) R &F Access Req by Buffalo China to City -Owned Properties(Strat Plan) APP M. Kearns - Program to Identify Vacant and Vacant & Dangerous Properties R &F B. Davis -M. Hwang -Info Housing Units ( #46,5/13) R &F Greater Inclusion of GNPA in the Planning Process(2 Res Only) ADOPT B. Davis -Fruit Belt United Req to Purchase 172 Mulberry St R &F J. Robinson, Owner, Use 1239 Hertel for an Outdoor Patio(hrg 6 /3)(Del) APP P. Lytle, Agent, Use 975 Fuhrmann Blvd to Enlarge a 6 Story Bldg to 8 Stories (hrg 6 /3)(South) APP R. Santoro, Agent, Use 2299 South Park for a Pole Sign (no pub hrg)(South) APP R. Santoro, Agent, Use 1606 Kenmore for a Ground Sign (no pub hrg)(North) APP G. Sarach, Agent, Use 31 Abbott Rd -Used Car Lot(no pub hrg)(South) APP V. DiFrancisco & O -Stop COB and D'Youville College From Closing Off Fargo Ave to Motor Vehicles R &F J. Dutka & O- Support Patios 483 and 487 Delaware R &F G. Shroder & O- Against Patios 483 and 487 Delaware R &F Appt Steven J. Stepniak- Commissioner Public Works, Pks & Sts(Mayor)APP B. Davis -Cold Springs Taxi Letter Regarding Potential Rate Increase R &F J. Golombek -B. Drake - Concerns Raising Taxi Fares R &F J. Golombek -G. Hopkins- Concerns Raising Taxi Fares R &F P. Lytle -Appl for Restricted Use Permit Within Bflo Coastal Review Dist Queen City Landing APP R. Stanton -Pearl Street Grill & Brewery- Appeal Pres Bd Denial(Ell) APP Urging The NYS Leg to Update NY Bottle Bill APP A. Sanita Jr, Owner, Use 1194 Lovejoy Outdoor Patio and Pavillion (Lov)(hrg 5/20) APP J. Golombek -F. Bona -Req Taxi Comm & CC Grant Meter Increase R &F J. Golombek -I Finkelshtein- Standardized Taxi Rates R &F R. Pekarski - Verizon Wireless Monopole- Tower - Bailey Clinton (Lov) R &F Req Traffic Study on Sterling Avenue ADOPT Restaurant Dance Class III -228 Franklln(Ell)(EDPI) RECOMMIT Camporee 2008 Waiver of Curfew in Delaware Park APP Food Store License -2483 Bailey (Lov)(EDPI) R &F M. LoCurto -City Contract Information Online R &F CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO TUESDAY, JUNE 10, 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 27, 2008 were approved. FROM THE MAYOR NO 1 LABOR CONTRACT WITH AFSCME LOCAL 650 1 hereby submit for Your Honorable Body's consideration and approval the attached contract with AFSCME Local 650, which has been agreed to by the Union leadership and duly ratified by its membership after lengthy negotiations by all parties. with a $2,000 increase in base pay effective July 1, 2008. Covered employees will also receive health care in lieu payments when applicable, increases in auto allowance, and effective July 1, 2008, a seven -step schedule will be implemented for new hires. In addition, domestic partner medical benefits will be extended to those employees who meet the domestic partner qualifications of the carrier. This contract is expected to yield $6,385,089 in total savings to the City of Buffalo through 2011. These savings are realized as a result of all covered employees being placed into Blue Cross/ Blue Shield Traditional Blue POS 204/204 Plus Plan, new employees contributing 15 -25% towards health care, elimination of wage freeze litigation, and various work rule and shift changes saving the City with respect to overtime, compensatory time, personal leave time, as well as other savings measures contained within the contract. Additionally, this contract provides management with additional rights with respect to employee drug testing, employee handbook, dress code, probation period, lunch /break scheduling, vesting of retirement health care, Article 75 /Resignation, and creation of new steps from 5 to 7. Moreover all covered employees shall now maintain their residence and domicile in the City of Buffalo effectively addressing any actual or perceived ambiguities in this respect. I urge Your Honorable Body to approve this contract at your earliest opportunity, as I believe it is in the best interest of the City of Buffalo. Memorandum of Agreement This Agreement shall be effective as of the first day of July 2004, and shall remain in full force and effect until the thirtieth day of June 2021. It shall be automatically renewed from year to year thereafter unless either party shall notify the other, in writing, at least one hundred fifty (250) days prior to the termination date that it desires to modify this Agreement. In the event that such notice is given, negotiations shall begin not later than one hundred twenty (120) days prior to the termination date. This Agreement shall remain in full force and effect during the period of negotiations. IT IS AGREED BY AND BETWEEN THE PARTIES THAT ANY PROVISION OF THIS AGREEMENT REQUIRING LEGISLATIVE ACTION TO PERMIT ITS IMPLEMENTATION BY AMENDMENT OF LAW OR BY PROVIDING THE ADDITIONAL FUNDS THEREFOR, SHALL NOT BECOME EFFECTIVE UNTIL THE APPROPRIATE LEGISLATIVE BODY HAS GIVEN APPROVAL. IN WITNESS WHEREOF, the parties mutually set their hands to this agreement on the 3 rd day of June, 2008. WHEREAS, AFSCME Local 650 is a party to litigation filed in New York State Supreme Court (Index No. 12007- 001473) in connection with the failure of the City to promote bargaining unit employees on July 1, 2007 to the salary step to which they would have been promoted but for the wage freeze; and WHEREAS, the parties, having engaged in collective bargaining in connection with the terms and conditions of employment and having reached agreement on a successor contract for the period effective July 1, 2004 through June 30, 2011 that satisfies the remedies sought by AFSCME, Local 650; and WHEREAS, AFSCME, Local 650 agrees to accept the terms contained in the parties' tentative agreement as full satisfaction of the pending litigation; THEREFORE, for good and valuable consideration, the acceptance of which is hereby acknowledged by the parties: 1. Upon ratification and legislative approval; the City will promote all bargaining unit employees effective July 1, 2007 to that salary step to which they would have been promoted by 7/1/07 but for the wage freeze. 2. Upon ratification and legislative approval, AFSCME, Local 650 will withdraw as a party from the litigation aforementioned, and any other litigation against the City claiming a remedy for the failure of the City to promote employees to the salary step to which they would have been promoted by 7/i/07 but for the wage freeze. Mr. Fontana moved: That the proposed contract between the AFSCME Local 650 and the City of Buffalo is hereby approved under the terms and conditions contained therein and the Mayor is authorized to execute the same. PASSED FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE OFFICE OF CITIZEN SERVICES NO2 SUBMISSION OF MONTHLY REPORT (MAY 2008) The Office of Mayor, Division of Citizen Services, hereby submits, for your Honorable Body's review and approval, the monthly reports for the Mayor's Cal and Resolution Center for the month of May 2008, as mandated by Section 6 -20(c) of the City of Buffalo's City Charter. This monthly statistical report details the number and nature of inquiries, requests and complaints received. Under the directive of Mayor Brown, the Division of Citizen Services will be moving toward a 311 Customer Relationship Management system within the next few months that will dramatically enhance our ability to handle requests for city services, city information and non - emergency matters. Our 311 Call Center will strive to help City agencies provide efficient service delivery by allowing them to focus on their core missions and manage workloads efficiently, while providing insight into the needs of residents and ensuring that accurate and consistent services are delivered citywide to improve the quality of life for the citizens of Buffalo. RECEIVED AND FILED FROM THE CITY PLANNING BOARD NO3 DETERMINATION OF SIGNIFICANCE QUEEN CITY LANDING Project Name: Queen City Landing Project Description: Queen City Landing, LLC (the "Applicant ") intends to undertake the following actions: (i) partial demolition and renovation of the vacant Freezer Queen industrial building in to a nine -story condominium complex with approximately 153 residential units and 297 covered parking spaces; (ii) construction of a two -story pool pavilion attached to the condominium complex; (iii) renovation and reuse of existing buildings for commercial space; (iv) construction of a 16,400 square foot retail facility along Fuhrmann Boulevard; (v) cons /ruction of a 6,400 square foot Marina with floating docks; (vi) construction of a 14 -story Apartment Tower with 140 residential units and parking structure with 280 spaces; (vii) construction of a 9 -story luxury Hotel with 252 rooms and a 4 -level parking garage with 168 spaces; and (viii) make certain improvements to the Site including: (a) installation of a garden atop the roof of the parking garage adjoining the condominium complex; Co) installation of landscaping throughout the Site; (c) construction of surface parking lots; (d) construction of walkways throughout the Site and along the waterfront; and (e) construction of access drives to the Site and roadways through the Site. Location: 975 and 1005 Fuhrmann Boulevard, City of Buffalo ( "City "), Erie County, New York. SEQR Status: Type I XX Unlisted Determination of Significance: Negative Declaration XX Positive Declaration Whereas: The Applicant is currently undertaking planning and environmental review activities for the Project; and Whereas: The Applicant has submitted an application for City -Wide Design and Site Plan approval to the City of Buffalo Planning Board ( "Planning Board "); and Whereas: The Applicant has submitted an application to rezone the Site from M3 Heavy Industrial to CM General Commercial District to the City of Buffalo Common Council; and Whereas: The Applicant has submitted an application for a Restricted Use Permit for Development within the Buffalo Coastal Special Review District; and Whereas: The Planning Board, by way of communication dated April 24, 2008, classified the Project a Type I Action for purposes of SEAR, declared its intent to act as lead agency, and provided a copy of the EAF to the City of Buffalo Common Council, the New York State Department of Transportation, the New York State Office of General Services, the City of Buffalo Department of Public Works, the City of Buffalo Sewer Authority, the Honorable Chris Collins, the Erie County Department of Environment and Planning, the Erie County Department of Health, the New York State Department of Environmental Conservation, the New York State Office of Parks, Recreation and Historic Preservation, and the New York State Department of State, giving each agency 30 days to contest lead agency status; and Whereas: No agency has contested the Planning Board's designation as lead agency; and Whereas: The New York State Department of Environmental Conservation ( "NYSDEC "), by way of communication dated May 21, 2008 notified the Planning Board that the Project will have impacts of primarily local significance; and Whereas: The New York State Office of Parks, Recreation and Historic Preservation ( "OPRHP "), by way of communication dated May 14, 2008 notified the Planning Board of its support of the Project and concern regarding potential adverse impacts to the existing Freezer Queen facility and archaeological resources; and Whereas: The Applicant has responded to the concerns from NYSDEC and OPRHP in a letter to the Planning Board dated June 2, 2008; and Whereas: The Planning Board has carefully considered the full scope of the Project having reviewed and considered the entire record and proceedings relating to the Project (see attached list of supporting documentation) and having considered the comments and points of view of the public; and Whereas: The record demonstrates that to the extent there are adverse environmental impacts associated with the Project, where necessary, all adverse impacts have been mitigated to the greatest extent possible and that none of these impacts will be significant; and Whereas: It is appropriate that the Planning Board as lead agency issue a negative declaration for the Project. NOW THEREFORE, BE IT RESOLVED THAT THE PLANNING BOARD MAKES THE FOLLOWING FINDINGS OF FACT: 1. This Project consists of the renovation and partial demolition of the existing Freezer Queen industrial complex and construction of a modem, aesthetically pleasing mixed -use community with condominiums, retail structures, a marina, an apartment tower, and a luxury hotel and conference center with associated recreational and landscaping features. 2. The Site will be rezoned such that land use conditions at the Site will change from industrial use to commercial and residential use; however this change in land use is consistent and in compliance with the policies and goals of the City of Buffalo articulated in its Comprehensive Plans and draft Local Waterfront Revitalization Program. In other words, the Applicant is proposing that the City of Buffalo rezone the Site so as to allow for the development of the Site in conformity with future prospects. The proposed new zoning classification for the Site, the CM General Commercial District (the "CM District "), will further the benefits and intent of the zoning law and public policy goals. While the CM District still allows for a wide range of Permitted Uses, the retention of the M3 class would restrict growth and perpetuate the abandoned character of the area rather than foster the development of the unique attributes of the Site. 3. Water drainage from the Project will discharge directly to Lake Erie, and therefore, no detention will be required. Water quality will be treated based on the redevelopment guidelines in the New York State Stormwater Management Design Manual. A Stormwater Pollution Prevention Plan will be prepared and a Notice of Intent will be submitted in accordance with the requirements of the New York State SPDES General Permit for Stormwater Discharges from Construction Activity (Permit No. GP -0 -08 -001). With design in accordance with New York State regulations, drainage from the Project will not have a significant adverse effect on the environment. 4. The Project will discharge sanitary wastewater to existing sewer lines and will not entail the types of activities or operations that are associated with a significant potential for groundwater contamination. The Site when completely developed will generate approximately 130,000 gpd of sewage which will flow into an existing wastewater collection system and to an existing treatment plant that has adequate capacity. 5. The Project will not be a significant source of air emissions or odors. 6. The Site itself, though situated on Lake Erie is already developed and does not possess significant ecological value. There are no sensitive animals, plants or natural communities and /or significant wildlife habitat that will be impacted by the development of the Project. 7. The Project does not involve any agricultural land. 8. The Project does contain scenic views of Lake Erie, however the Project will be designed to permit public access to the waterfront and has been designed with the goal of maintaining a scenic waterfront vista. The previously vacant, industrial Freezer Queen building will be renovated into an attractive residential structure with balconies and significant additional windows /glazing, which provide continuity with the water and allow for a smooth visual transition from a distance. The additional structures will have similar features to maintain consistency of design throughout the Site. The planned landscaping will transform the Site from a previously industrial area to a park -like setting. When the Project is completed, the Site will be transformed into a cohesive, attractive community for those looking to experience and enjoy Buffalo's waterfront. The aesthetically pleasing redevelopment of the Site will set an important trend for quality in terms of future Outer Harbor projects. 9. The Project contains the existing Freezer Queen building, which may be eligible for listing on the National Register of Historic Places. However, the redevelopment of this structure during Phase I of the Project will be a positive reuse of the structure to encourage economic development of the waterfront. As the Site is largely comprised of fill material and is previously disturbed, it lacks the characteristics which would suggest the potential presence of significant archaeological resources. 10. The Site is industrial in nature and does not compromise public open space or waterfront access. However, the Project represents a significant improvement in waterfront access by providing a walking path along the water. 11. The Project is not located in or substantially contiguous to any Critical Environmental Area. 12. Existing utility lines serve the Site and not significant improvements are necessary to accommodate the Project. 13. Operation of the Project is not expected to appreciably increase ambient noise levels. 14. The Project will not result in significant population growth and is very consistent with future plans for waterfront development. 15. The Project will not result in any significant impacts associated with solid waste generation. The solid waste will be collected by a private carter for transport to existing solid waste disposal facilities, and recycling will occur in accordance with local requirements. 16. The Applicant has completed a Traffic Impact Study (TIS) which has shown that the Project will not have any significant impacts on the adjacent street network. CONCLUSIONS 17. Considering all of the above, the Project will not have a significant adverse impact upon the environment and a negative declaration pursuant to SEQR is hereby issued. 18. This Negative Declaration has been prepared in accordance with the requirements of SEQR (Article 8 of the Environmental Conservation Law). This Resolution was adopted by a majority vote of the Planning Board on June 3, 2008 and shall serve as the Negative Declaration (as defined in 6 NYCRR 617.2(y)) for the Project and is issued by the Planning Board, acting as lead agency, in a coordinated environmental impact review pursuant to SEAR. RECEIVED AND FILED FROM THE OFFICE OF STRATEGIC PLANNING N04 REPORT OF AUCTION -SEPTEMBER 22, 2007 On September 22, 2007, the Office of Strategic Planning, Division of Real Estate, held a public auction to dispose of the above captioned city -owned property. The property is a two story, 2514 square foot two family home, situated on a lot with a frontage of 30 feet and a depth of 109 feet. Auctions International received a high bid of One Thousand Seven Hundred Dollars ($1,700) from Kevin Gunn, residing at 520 Emerson Drive, Amherst, New York, 14226. Mr. Gunn has provided cost estimates to make repairs in the amount of Eight Hundred Fifty Dollars ($850) and intends to use the two family home as rental property. Mr. Gunn has provided proof of financing in the amount of Three Thousand Six Hundred Twenty -Seven Dollars ($3,627) to complete the acquisition and repair of the property. The Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City by the purchaser. The Mayor's Anti Flipping Task Force has also been contacted and there are no objections to the sale. Mr. Gunn has signed an agreement to purchase the property in the amount of One Thousand Seven Hundred Dollars ($1,700) and to commence repair of the property upon the transfer of title and will complete required repairs within one year from the date of title transfer. The deed transferring title to the purchaser will retain a reversionary interest wherein title will revert to the City of Buffalo in the event the purchaser fails to complete required repairs within the time frame specified. The purchaser has also agreed to pay for all closing costs associated with the transfer of title. I am recommending that Your Honorable Body approve the sale of 65 Monroe to Mr. Kevin Gunn in the amount of One Thousand Seven Hundred Dollars ($1,700) upon the above stated terms and conditions; that the Executive Director, Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title; and that the Mayor be authorized to execute the same. REFERRED TO THE COMMITTEE ON FINANCE N06 RESULTS OF NEGOTIATIONS 577 Hopkins (Lov) The Office of Strategic Planning, Division of Real Estate has received a request from William J. Smith and June M. Smith, 575 Hopkins, Buffalo, New York 14220, to purchase a City owned vacant lot at 577 Hopkins. Mr. and Mrs. Smith intend to use this vacant lot as extra yard space and a future garage for their property at 575 Hopkins. The Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchasers. The Division of Real Estate has investigated the sale of similar lots in the subject area. Sales range from Forty Cents ($.40) to One Dollar ($1.00) per square foot. The results of our negotiations are that Mr. and Mrs. Smith have agreed and are prepared to pay Three Thousand Three Hundred Dollars ($3,300), the equivalent of Eighty Cents ($.80) per square foot for the subject property. Mr. and Mrs. Smith have also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 577 Hopkins in the amount of Three Thousand Three Hundred Dollars ($3,300). 1 am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. Mr. Fontana moved: That the above communication from the Office of Strategic Planning dated May 29, 2008, be received and filed; and That the offer from William J. Smith and June M. Smith, residing at 575 Hopkins, in the sum of three thousand and three hundred dollars ($3,300.00) for the purchase of 577 Hopkins, 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 FROM THE COMPTROLLER CERTIFICATE OF NECESSITY - CAPITAL PROJECTS N06 We, Byron W. Brown, Mayor and Andrew A. SanFilippo, Comptroller, do hereby certify, pursuant to §20 -12 of the Charter, that the sum of $300,000 be transferred and reappropriated in Capital Improvements. The details of the requirements are set forth below: From: 17220007 - 470002 Capital Project Planning Reserve $300,000 To: 30000106 - 445100 Planning Capital Projects $300,000 From: 30000106 - 445100 Planning Capital Projects $300,000 To: 30310306 - 445100 Infrastructure RPR &RPL $300,000 RECEIVED AND FILED N07 CERTIFICATE OF NECESSITY COMMON COUNCIL LEGISLATIVE - CITY CLERK We, Byron W. Brown, Mayor and Andrew A. SanFilippo, Comptroller, do hereby certify, pursuant to §20 -12 of the Charter, that it is necessary that the sum of $1,500 be transferred and reappropriated from the Common Council Legislative, as set forth below: From: Common Council Legislative 10114001 - 411001 Annual Salary $1,500 To: City Clerk 10220006 - 434000 Other Contractual Services $1,500 RECEIVED AND FILED N08 CERTIFICATE OF NECESSITY CITY CLERK - COMMON COUNCIL — LEGISLATIVE We, Byron W. Brown, Mayor and Andrew A. SanFilippo, Comptroller, do hereby certify, pursuant to §20 -12 of the Charter, that it is necessary that the sum of $4,337.01 be transferred and reappropriated from the City Clerk and Common Council Legislative, as set forth below: From: City Clerk 10220006 - 434000 Other Contractual Services $1,100.00 Legislative - Travel 10109004 - 458001 Transportation $1,542.66 10109004 - 458002 Meals & Lodging $1,694.35 To: Legislative - Personal Services 10102001 - 412002 Hourly Salary $4,337.01 RECEIVED AND FILED N09 CERTIFICATE OF NECESSITY COMMON COUNCIL- LEGISLATIVE We, Byron W. Brown, Mayor and Andrew A. SanFilippo, Comptroller, do hereby certify, pursuant to §20 -12 of the Charter, that it is necessary that the sum of $5,200 be transferred and reappropriated within the Common Council, as set forth below: From: Legislative - Personal services 10104001 - 411001 Annual Salary $5,200.00 To: Legislative" Personal Services $5,200.00 10102001 - 412002 Hourly Salary RECEIVED AND FILED NO 10 CERTIFICATE OF APPOINTMENT Appointment Effective: May 19, 2008 in the Department of Audit and Control Division of Accounting to the Position of Principal Accountant Temporary Promotion, Maximum Starting Salary of $56,164 James Barrett, 147 Marine Drive 3H, Buffalo 14202 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF ASSISSMENT AND TAXATION NO 11 SUPPORT OF ERIE COUNTY INITIATIVE TO IMPROVE REAL PROPERTY TAX SERVICE & ASSESSMENT ADMINISTRATION COUNTYWIDE The mission and charge of the Department of Assessment and Taxation is to establish a fair and equitable assessment roll in order to best serve the City of Buffalo and all our property owners and citizens. City of Buffalo assessment staff, in conjunction with Erie County staff and various individuals representing assessment communities throughout Erie County, was involved in formulation of the grant application and we are already active participants in the study. This office has always been supportive of ways and means to provide efficient and cost effective methods of delivering services by the City to our property owners and therefore this office fully supports collaboration on this study to determine the best methods of providing these services. RECEIVED AND FILED FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO 12 NOTIFICATION SERIAL #102311NSTALL STOP SIGNS IN ERIE STREET AT MARINE DRIVE (ELLICOTT DISTRICT) STOP SIGNS (ALL -WAY) — INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 9 Section 11 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: STOP SIGNS VEHICLES ON SHALL STOP BEFORE ENTERING Erie Street Marine Drive This action is being taken due to increased pedestrian traffic with the recent opening of the Inner Harbor and the close proximity of the Erie Basin Marina. NOTIFICATION SERIAL #10232 INSTALL NO PARKING ON WEST FERRY STREET, SOUTH SIDE BETWEEN A POINT 20 FEET WEST OF THE EAST BUILDING LINE OF #703 (EXTENDED) AND A POINT 90 FEET EAST THEREFROM (DELAWARE DIST) NO PARKING - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 24 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: NO PARKING Prohibited portion of highway Prohibited Period West Ferry Street, south side At all times Between a point 20 feet west of the East building line of #703 (extended) And a point 90 feet east therefrom This action is being taken to provide safer ingress and egress of the driveway for the apartment building at #703 West Ferry Street. RECEIVED AND FILED NO 13 CHANGE ORDER #1CANADIAN NATIONAL RAILROAD BRIDGE SQUAW ISLAND ACCESS ROAD REPAIR CONTRACT PIN 5757.20 NORTH DISTRICT The Department of Public Works, Parks & Streets is requesting permission of Your Honorable Body to increase the above Contract (No. 92011268) in the amount of $79,450.00 for a total award amount of $1,812,952.32. The following items were not part of the original bid, but were identified during construction as necessary to complete the project: Item 62003 -006 CNR Bridge Operator $18,708.00 During construction, due to time constraints, it became necessary for the Canadian National Railroad to man and operate the bridge for construction purposes outside of normal bridge hours. These funds are to reimburse the Canadian National Railroad for personnel overtime caused during construction. Item 62003 -008 Installation of Upper Guide Rail on Bridge $38,400.00 During construction it became necessary to install an additional section of guide rail on the structure for safety purposes. These funds are to cover the costs associated with the additional Guide Rail. Item 62003 -010 Installation of Southwest Guide Rail $13,900.00 During construction it became necessary to install an additional section of guide rail on the west bridge approach for safety purposes. These funds are to cover the costs associated with the additional Guide Rail. Item 62003 -011 Trunnion Survey $ 8,442.00 During construction the Canadian National Railroad became concerned with the amount of steel being removed from the bridge. They requested that an additional bridge survey be performed to ensure the structure did not become unbalanced and "walk" or come out of alignment. As this is a Locally Administered Federal Aid Project the total contract award is 95% reimbursable by the Federal Highway Administration and the New York State Department of Transportation. Therefore, the actual cost incurred by the City of Buffalo is 5% of the $79,450.00 or $3,972.50. Funding for the additional work is available in the Department of Public Works, Parks & Streets Local Bridge Match Account 31610006- 445100. Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated June 2, 2008, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to increase the contract for the Canadian National Railroad Bridge Squaw Island Access Road Repair PIN 5757.20, in the amount of $79,450.00 for a total award amount of $1,812,952.32, as more fully described in the above communication. The actual cost incurred by the City of Buffalo is 5% of the $79,450 or $3,972.50. Funding for the additional work is available in the Department of Public Works, Parks and Streets Local Bridge Match Account 31610006- 445100. PASSED AYES -9 NOES -0 NO. 14 CONTRACT AMENDMENT /EXTENSION CONTRACT NO. 93000070 BETWEEN ALLIED WASTE SERVICE OF NORTH AMERICA, LLC AND THE CITY OF BUFFALO Due to the need to continue picking up recycling throughout the City of Buffalo, the contract amendment /extension between Allied Waste Service and the City of Buffalo will allow the Department of Public Works, Parks and Streets the time needed to develop more effective recycling processes and for this department to bid the recycling pick -up and processing under one (i) contract. I respectfully request that Your Honorable Body authorize the Department of Public Works, Parks and Streets to extend the current contract amendment/ extension between Allied Waste Service and the City of Buffalo for two (2) years in compliance with Item No. 2; Page 1 of the attached contract /amendment extension. REFERRED TO THE COMMITTEE ON FINANCE, NO. 16 PERMISSION TO HIRE CONSULTANT - EMERGENCY I hereby request permission from Your Honorable Body to hire an Engineering Consultant for a term Emergency Bridge Repair Contract. Each year the New York State Department of Transportation inspections bridges in the City of Buffalo. From time to time they "flag" or identify structural components on these bridges that are in poor condition. We are then required to address these flagged conditions in a timely manner. This process requires a review of the flag condition and repairs if necessary. Under this contract the Department of Public Works, Parks and Streets would have on retainer an engineering firm that could review, design, bid and assist our department with construction administration. Proposals from five area engineering firms with structural experience have been sought. The proposals will be reviewed by our department for key personnel, experience and cost. The initial cost of this contract will be $45,000. Funds for this project are available in account 30310506- 445100. Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated June 2, 2008 be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to hire an Engineering Consultant for a term Emergency Bridge Repair Contract to review, design, bid and assist the department with construction administration. Funds for this project are available in 30310506 - 445100. PASSED AYES -9 NOES -0 NO. 16 PERMISSION TO HIRE CONSULTANT COMPLETION OF OBSERVATION DECK AT ERIE BASIN MARINA I respectfully request that Your Honorable Body grant permission to hire a consultant to assist in the design of the Observatin Deck at the Erie Basin Marina and to assist in beach safety recommendations. Funds are available in 39320806 445100. Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated June 2, 2008 be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to hire a consultant to assist in the design of the Observation Deck at the Erie Basin Marina and to assist in beach safety recommendations. Funds for this project are available in 39320806 445100. PASSED AYES -9 NOES -0 NO. 17 PERMISSION TO HIRE CONSULTANT MUSEUM OF SCIENCE FACADE RESTORATION JOB #0817 Permission is hereby requested from Your Honorable Body to retain a consultant to prepare plans and specifications and provide construction oversight for the Museum of Science, Facade Restoration. This project was approved as part of the Capital Improvement Plan. Funds are available in 39320306 445100 - Buildings. Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated May 27, 2008 he received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to retain a consultant to prepare plans and specifications and provide construction oversight for the Museum of Science, Fagade Restoration. Funds for this project are available in 39320306 445100 - Buildings. PASSED AYES -9 NOES -0 NO. 18 REPORT OF BIDS MAIN STREET - 700 BLOCK PIN #5758.80 This is to advise Your Honorable Body that I have advertised and received bids on May 21, 2008 for the above - referenced project. The lowest three bids received were Contractor Base Bid Total Bid Price Destro & Bros. Concrete Co., Inc. $1,642,828.25 $1,724,969.67 411 Ludington St. Buffalo, NewYork 14206 Mark Cerrone, Inc. $1,696,958.00 $1,781,805.90 P.O. Box 3009 Niagara Falls, New York 14304 North America Construction $1,733,860.70 $1,820,553.74 1417 Alleghany Rd. Attica, NewYork 14011 1 hereby certify that the lowest responsible bidder for the above project is Destro & Bros. Concrete Co., Inc. and I respectfully recommend that Your Honorable Body authorize a contract award to Destro & Bros. Concrete Co., Inc. in the amount of $1,724,969.67. (Base Bid of $1,642,828.25 + [5% unit price increases] $82,141.67 equals [Total Award] $1,724,969.67). The engineer's estimate for this work is $1.842M. This project is a 95% reimbursed Federal Aid Highway Project and funds for this project are available in our Capital Account #31760006- 445100. Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated May 27, 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 Main Street - 700 Block, PIN #5758.80, to Destro & Bros. Concrete Co., Inc., the lowest responsible bidder, in the amount of $1,724,969.67 (Base Bid of $1,642,828.25 + [5% unit price increases] $82,141.67 equals a Total Award of $1,724,969.67). This project is a 95% reimbursed Federal Aid Highway Project and the funds for theproject are available in Capital Account #31760006 - 445100. PASSED AYES -9 NOES -0 NO. 19 REPORT OF BIDS CITY -WIDE SIDEWALK REPLACEMENT - 2008 GR. #687 - CORRECTED ACCOUNT # 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. $416,250.00 $457,875.00 709 Pleasant View Drive, Lancaster, NY 14086 Master's Edge, Inc. $494,345.00 $543,779.50 3409 Broadway, Cheektowaga, NY 14227 Campobello Construction Co., Inc. $631,915.00 $695,106.50 23 Stratford Road, Buffalo, NY 14216 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 #31310406 - 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 Communication from The Commissioner of Public Works, Parks & Streets dated June 9, 2008 is received and filed and the Commissioner is authorized to award a contract in the amount of $416,250.00 to PASSED &J Construction Co, Inc, 709 Pleasant View Drive, Lancaster NY 14086 for Citywide Sidewalk Replacement, 2008 Gr #687, Capital Account# 313100406 - 445100 PASSED AYES -9 NOES -0 NO. 20 B. DAVIS - BFNC LETTER REQUESTING CAPITAL IMP /MASTED PLAYGROUND ITEM #51, C.C.P. 5/27/08 Dear Common Council: Pet your request the Department of Public Woks, Parks & Streets has reviewed the above referenced letter. It is this Department's opinion that each of the items outlined in the letter refer to outstanding maintenance issues at Masten Park. Per Article All of the Intermunicipal Cooperation Agreement dated July 1, 2004; the County of Erie is responsible for maintaining Masten Playground as well as providing routine repairs. As such, it is this Department's recommendation that the above referenced letter be forwarded to the Erie County Parks Department, care of Commissioner James Hornung. REFERRED TO THE COMMITTEE ON FINANCE NO. 21 CERTIFICATE OF APPOINTMENT Appointment Effective: in the Department of Public Works, Parks and Streets, Division of Engineering to the Position of Laborer 11, Permanent, Non Competitive at the Maximum Starting Salary of $27,833 Norman Filer, 141 Zittel, Buffalo, NY 14210 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF POLICE NO. 22 CHANGE ORDER FOR CONTRACT #93000079 CITYWIDE SURVEILLANCE CAMERA PROJECT I hereby submit to Your Honorable Body the following changes for the Citywide Surveillance Camera Project, Contract #93000079: Johnson Controls to provide and install two (2) exterior mounted cameras at the City of Buffalo Impound Garage on Dart Street to communicate with the existing City of Buffalo wireless surveillance system. The foregoing changes result in a net increase in the contract of $43,484.00 Current contract amount $3,191,379.00 Amount of this change order ( #3) $ 43,484.00 Revised contract amount $3,234,863.00 Costs have been reviewed by the Department of Police, Planning and Analysis unit and were found to be fair and equitable. Funds for this work are being provided through State Efficiency Funds in account #24310517 - 474100. If you have any questions or concerns, please contact Inspector Joseph Strano at 851 -4879 or Captain Mark Makowski at 851 -5643. Thank you in advance for your cooperation and expediency in addressing this matter. Mr. Fontana moved: That the above communication from the Commissioner of Police dated June 2, 2008, be received and filed; and That the Commissioner of Police be, and he hereby is authorized to issue change order No. 3, to Johnson Controls, an increase in the amount of $43,484.00, as more fully described in the above communication, for work relating to Citywide Surveillance Camera Project, Contract #93000079. Funds for this project are available through State Efficiency Funds in account #24310517 - 474100. PASSED AYES -9 NOES -0 FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT & INSPECTION SERVICES NO. 23 BID OPENING "DEMOLITION OF 105 PORTER, 604 FOURTH AND 300 MANHATTAN FEBRUARY 27— 2008 1 would like to inform your Honorable Body that on February 27, 2008 a bid opening took place in the office of Economic Development, Permit & Inspection Services for the Demolition of 105 Porter, 604 Fourth and 300 Manhattan. The following contractors submitted bids as follows: Contractor 300 Manhattan 105 Porter 604 Fourth Total Cambria Contracting $445,800 $38,000 $632,000 $670,000 Empire Dismantlement $281,000 $69,000 $916,000 $985,000 Geiter Done $300,500 $500,000 $28,000 $528,000 Metro Environmental $530,688 $31,834 $684,170 $716,004 Ontario Specialty $523,049 $759,071 $28,200 $782,271 Titan Wrecking $260,211 $25,600 $571,448 $597,048 Please be advised that we wish to award the contract to demolish 105 Porter and 604 Fourth to Geiter Done. The City will pay to the contractor a sum not to exceed the aggregate sum $528,000. 105 Porter and 604 Fourth are on the same parcel and are being awarded base on the total project amount for both buildings and will be funded by City of Buffalo Account Number 36770806- 445100. Please be advised that we wish to award the contract to demolish 300 Manhattan to Titan Wrecking. The City will pay to the contractor a sum not to exceed $260,211. 300 Manhattan is bid as a separate project and will be funded by City of Buffalo Account Number 3168006- 445100. Mr. Fontana moved: That the above communication from the Commissioner of Economic Development and Permit and Inspection Services dated May 29, 2008, be received and filed; and That the Commissioner of Economic Development and Permit and Inspection Services, be, and he hereby is authorized to award a contract for the demolition of 105 Porter and 604 Fourth to Geiter Done, in a sum not to exceed the aggregate sum of $528,000. Funds for the demolition are available in City of Buffalo Account Number 36770806- 445100. The Commissioner is further authorized to award a contract for the demolition of 300 Manhattan to Titan Wrecking, in a sum not to exceed a sum of $260,211. Funds for the demolition are available in City of Buffalo Account Number 3168006- 445100. PASSED AYES -9 NOES -0 NO. 24 USED CAR DEALER 160 BAILEY (LOVEJOY) Pursuant to Chapter 254 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Used Car Dealer License located at 150 Bailey and find that as to form is correct. I have caused an investigation into the premises for which said application for a used car dealer license is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspections, I find it complies with all regulations and other applicable laws. 1 have caused an investigation by the Police Department into the moral character of James Dingeldey. The attached thereto for James Dingeldey dba /Infinity Auto. This request is submitted for your approval or whatever action you deem appropriate. Mr. Fontana moved: That the above communication from the Department of Economic Development, Permit and Inspections Services dated May 22, 2008, be received and filed; and That pursuant to Chapter 254 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services Permit be, and he hereby is authorized to grant a Used Car Dealer license to James Dingeldey d /b /a Infinity Auto located at 150 Bailey Avenue on the condition that there is a 15 -car limit. PASSED AYES -9 NOES -0 NO. 26 USED CAR DEALER 1640 SENECA ST. (LOVEJOY) Pursuant to Chapter 254 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Used Car Dealer License located at 1540 Seneca and find that as to form is correct. I have caused an investigation into the premises for which said application for a used car dealer license is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspections, I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of Elia Mancini. The attached thereto for Elia Mancini dba /Mancini Enterprises Inc. This request is submitted for your approval or whatever action you deem appropriate. Mr. Fontana moved: That the above communication from the Department of Economic Development, Permit and Inspections Services dated June 2, 2008, be received and filed; and That pursuant to Chapter 254 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services Permit be, and he hereby is authorized to grant a Used Car Dealer license to Elia Mancini d /b /a Mancini Enterprises Inc. located at 1540 Seneca Street on the condition that there is a- -car limit. PASSED AYES -9 NOES -0 FROM THE COMMISSIONER OF COMMUNITY SERVICES & RECREATIONAL PROGRAMMING NO. 26 COMMUNITY SERVICES & RECREATIONAL PROGRAMMING SUBSTANCE ABUSE SERVICES EXPANSION OF CLINIC MANAGEMENT SYSTEM & IMPLEMENTATION OF ELECTRONIC CLINICAL RECORDS AND RELATED EXPENDITURES The Department of Community Services & Recreational Programming, Division of Substance Abuse Services ( "DSAS "), has been in the process of developing and selecting a customized software system which will transform the client intake, tracking and treatment capacity /capabilities of the DSAS from the existing reactive, archaic and somewhat inefficient paper -laden system to a new interactive and proactive system which will enable the DSAS to more efficiently and effectively perform their functions in a general public health overview mode as opposed to a merely reactive mode. Further, the new software system will enable DSAS to better chart and track/cross reference vital client information faster and more efficiently and to more effectively comply with Medicaid and State Office of Alcohol and Substance Abuse Services (OASAS) requirements. The sole source software vendor is Ten Eleven Group Incorporated and the cost of the software is broken down as follows: Item /Category Grand Total Pricing: QTY Final Price One -Time Licenses Fees -all modules /items 30 $56,700 Setup, Training & Initial Customization $16,025 Total One Time $72,725 Monthly Maintenance Fees $3,717 CitiStat Functionality: Hourly rate for ad -hoc requirements $85.00 The aggregate exposure for DSAS employee violations of the software non - disclosure or patenting rights of the software vendor is $500,000. There will also need to be an expenditure of approximately $70,000 through City MIS to procure the required computer "hardware" notepad systems. Common Council approval for this additional approximately $ 70,000 expenditure for the "hardware" will be sought separately when specific pricing and procurement matters are settled. I am recommending that your Honorable Body authorize the Commissioner of the Department of Community Services & Recreational Programming to execute the appropriate Software License Agreement and such other and related Agreements as are in the discretion of the Commissioner necessary to facilitate and implement the new software system. I am further recommending that your Honorable Body authorize the above listed expenditures for software license fees, setup, training and customization in the one time sum of $72,725.00 as well as the monthly software maintenance fee of $3,717.00. REFERRED TO THE COMMITTEE ON FINANCE NO. 27 THIRD QUARTERLY REPORT ON THE DIVISION OF SUBSTANCE ABUSE See attached report REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 28 TRAVEL Listed below is the travel taken by staff within the Department of Community Services and Recreational Programming: Tanya Parrin - dohnson March 2006, United States Conference of Mayors Tampa, Florida Airline, hotel and registration costs covered by the event sponsor July 2007, SAMSA Conference, New Orleans Conference Presenter - Enhancing Resiliency and Healing: Trauma - Informed Services and Supports Airline, Buffalo Board of Education Hotel, Erie County Department of Mental Health Nina Littlejohn, Assistant Program Coordinator March 2006, National Juvenile Justice Conference, Denver, Colorado, DCJS Grant May 2006, Grant Meeting, Albany, NY, DCJS Grant December 2008, Youth Leadership Conference, New York, NY, DCJS Grant Kathy Isch, Program Director February 2006 Youth Leadership Conference, Albany, New York, Juvenile Justice Assistance Grant March 2006, National Juvenile Justice Conference, Denver Colorado, Buffalo Youth Impact Grant and Juvenile Justice Assistance Grant 2006, NYS Association of Youth Bureau Conference, Albany, New York, Juvenile Justice Assistance Grant 2007 Association of NYS Youth Bureaus Leadership Conference in Albany, Citibank grant and Juvenile Justice Assistance Grant July 2007 Darien Lake, Darien, NY, Youth Court Grant REFERRED TO THE COMMITTEE ON FINANCE FROM THE CITY CLERK NO. 29 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 117 West Chippewa St 117 West Chippewa St Scott Hartung RECEIVED AND FILED NO 30 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: X Buffalo Sewer Authority RECEIVED AND FILED NO 31 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 June 2, 2008 in the Department of Common Council Division of Masten District to the Position of Inter VI Seasonal Open- Competitive, Flat Starting Salary of $10.00 LaShandra Williams, 181 Wyoming Ave, Buffalo 14215 Appointment Effective June 9, 2008 in the Department of Common Council Division of University District to the Position of Inter VI Seasonal Non - Competitive, Hourly Starting Salary of $10.00 Raymour P Nosworthy, 81 Easton St, Buffalo 14215 NO. 32 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 July 7, 2008 in the Department of Community Services & Recreational Programming, Division of Youth to the Position of Intern III, Seasonal, Unclassified at the flat salary of $8.15/hr Jahond Taylor, 209 Scoville, Buffalo, NY 14206 Marcus Daniels, 205 Courtland, Buffalo, NY 14215 David Baugh, 85 Urban, Buffalo, NY 14211 Charles Cannan, 825 Tacoma, Buffalo, NY 14216 Chanquene Galyle- Jones, Buffalo, NY 14215 Jarrett Kinley- Foster, 21 Northland, Buffalo, NY 14208 Kahli Martin, 30 Rugby Rd, Buffalo, NY 14216 Lauren Howard, 434 Starin, Buffalo, NY 14216 Eric Matthews, 468 W. Delavan, Buffalo, NY 14213 Yahya Omar, 80 Grant St apt 201, Buffalo, Ny 14213 Joseph Norris, 58 Pomona, Buffalo, NY 14210 Michael St Rose, 1073 Grant St, Buffalo, NY 14207 Linette Moses, 34 Gladys Homes Blvd, Buffalo, NY 14204 Ti Andrea Owens, 350 Swan, Buffalo, NY 14204 Rebecca Roman, 225 West, Buffalo, NY 14201 Javon Slaughter, 71 Wilkes, Buffalo, NY, 14215 Sonia Ruiz, 641 Virginia, Buffalo, NY, 14203 Amber Small, 139 Tyler, Buffalo, NY 14214 Rachel Finucane, 39 Lyndhurst, Buffalo, NY 14216 Phylicia Robinson, 82 Welker, Buffalo, NY 14208 Ashley Hodge, 14 Marine Rd, Buffalo, NY 14215 CERTIFICATE OF APPOINTMENT Appointment effective July 7, 2008 in the Department of Community Services & Recreational Programming, Division of Youth to the Position of Intern II, Seasonal, Unclassified at the flat salary of $7.15/hr Anjelique Alejandro, 8901 Westy Ave, Buffalo, NY 14213 Daysya Evans, 28 Fisher, Buffalo, NY 14211 Yuri Evans, 90 Martha Ave, Buffalo, NY 14215 Alexis Ferguson, 336 Sterling, Buffalo, NY 14216 Brittani Ferguson, 252 Eggert, Buffalo, NY 14215 Daquan Ford, 60 Sattler, Buffalo, NY 14211 Ai'Quianah Franklin, 330 Shirley, Buffalo, NY 14215 Anthony Galvan, 79 Marine Dr # 8E, Buffalo, NY 14202 Ashley Gamble, 12 Rosetta Petruzzi Way, Buffalo, NY 14201 Gary Vaughn, 127 Edna, Buffalo, NY 14209 Daniel Gibbs, 452 Spring, Buffalo, NY 14204 Timmy Gleen, 4569 Rhode Island, Buffalo, NY 14213 Jerome Glenn, 331 Mystic, Buffalo, NY 14220 Attisso Gnohoue, 56 Maryner Homes, Buffalo, NY 14201 Talika Goldsmith, 43 Erickson, Buffalo, NY 14215 Santos Gonzalez, 470 Marilla, Buffalo, NY 14220 Jayna Greeb, 82 Elmer, Buffalo, NY 14215 DeAndre Green, 135 Stevens Ave, Buffalo, NY 14215 Kaheem Green, 135 Stevens Ave, Buffalo, NY 14215 Raqual Green, 59 Wood, Buffalo, NY 14211 Stephen Green, 148 Doat, Buffalo, NY 14211 Tameka Grteen, 415 Grider, Buffalo, NY 14215 Jasmine Grumble, 205 Cambridge, Buffalo, NY 14215 Darryl Harris, 14 Godfrey, Buffalo, NY 14215 Samuel Harris, 76 W. Parade, Buffalo, NY 14208 Shawn Haskins, 796 West Ave, Buffalo, NY 14213 India Henderson, 72 Swinburne, Buffalo, NY 14212 Lanesha Henderson, 124 Theodore, Buffalo, NY 14211 Kadeem Hillman, 161 Hempstead, Buffalo, NY 14215 Samuel Holifield, 20 Arden, Buffalo, NY 14215 Brandon Honeycutt, 92 Wade Ave, Buffalo, NY 14214 Ashley Hooks, 68 Allenhurst, Buffalo, NY 14214 Shantavia Hunter, 495 Norfolk, Buffalo, NY 14215 Lesthia Isaacs, 110 Greenfield, Buffalo, NY 14214 Ernest Jackson, 28 Lombardo, Buffalo, NY 14206 Shanea Jackson, 14 Guernsey, Buffalo, NY 14207 Ta'Shelia Jackson, 208 Hickory, Buffalo, NY 14204 Dante Jacobs, 93 Gatchell, Buffalo, NY 14212 Shaynell Jamison, 727 Northampton, Buffalo, NY 14215 Daniel Jelks, 55 Beverly Rd, Buffalo, NY 14208 Antoine Johnson, 139 Oxford, Buffalo, NY 14209 Arian Johnson, 11 Treehaven Rd, Buffalo, NY 14215 Chanitell Johnson, 1419 Jefferson, Buffalo, NY 14208 Dejaniece Johnson, 72 Bame, Buffalo, NY 14215 Giovanni Jones, 399 Parkdale, Buffalo, NY 14213 Isaiah Johnson, 374 Doat St, Buffalo, NY 14211 Nelquan Jones, 702 Lasalle, Buffalo, NY 14215 Taje Jones, 23 Langmeyer, Buffalo, NY 14215 James Knoght, 145 Roosevelt, Buffalo, NY 14215 Chelsea Kwasniewski, 42 Fargo, Buffalo, NY 14201 Danette Laguerre, 284 Coit, Buffalo, NY 14212 Aaron Lane, 67 W. Winspear, Buffalo, NY 14214 Yessenia Lanzo, 211 Congress, Buffalo, NY 14213 Raiven Lawrence, 501 Winspear, Buffalo, NY 14215 Sierra Love, 10 Goulding, Buffalo, NY 14208 Richard Lowe, 103 17 St, Buffalo, NY 14213 Jalisa Lucus, 38 Hirshbeck, Buffalo, NY 14212 Ayana Maddox, 93 17 St, Buffalo, NY 14213 Tiffany Matthews, 939 Northland, Buffalo, NY 14215 Anzo McCary, 98 Stanton, Buffalo, NY 14206 Joseph McCrayer, 28 Dartmouth, Buffalo, NY 14215 Dominique McDowell, 178 Freund, Buffalo, NY 14215 James McGarrah, 65 Roma, Buffalo, NY 14215 Damone Mcllwain, 127 Erb, Buffalo, NY 14215 Antonio McKinney, 159 Oxford, Buffalo, NY 14209 Quishana Morrison, 502 Niagara, Buffalo, NY 14201 Erica Murphy, 237 Wyoming, Buffalo, NY 14215 Adrain Neal, 141 Crowley, Buffalo, NY 14207 Joshua Orta, 94 Hoyt, Buffalo, NY 14213 Lavonte McMillian, 21 Theodore, Buffalo, NY 14211 Maurice Miles, 145 7 th St Apt 103, Buffalo, NY 14201 Frederick Miller, 29 Arkansas, Buffalo, NY 14213 Kayla Martinez, 348 Katherine, Buffalo, NY 14210 Mary Overton, 108 Elmer, Buffalo, NY 14215 Marquel Pace, 82 Montclair, Buffalo, Ny 14215 Tymont Patton, 11 Alma, Buffalo, NY 14215 Princeton Perkins, 100 Beck, Buffalo, NY 14212 Kevin Pettway, 393 Guilford, Buffalo, NY& 14211 Angela Pickett, 15 Roslyn, Buffalo, NY 14212 Tatiana Prewit, 78 Stevens, Buffalo, NY 14215 Meracole Quinnie, 454 High St, Buffalo, NY 14211 Veronica Ragland, 468 W. Ferry, Buffalo, NY 14213 Jerry Rainey, 65 Parkridge, Buffalo, NY 14215 Karimah Ransom, 66 Custer, Buffalo, NY 14214 Anthony Repress, 127 Neveda, Buffalo, NY 14211 Marquisha Reynolds, 153 Gorton, Buffalo, NY 14207 Stefon Richard, 145 E. Amherst St, Buffalo, NY 14214 Vincent Rodriguez, 94 Hoyt St, Buffalo, NY 14213 Larry Rogers, 132 Verplank, Buffalo, NY 14208 Ashhennay Russell, 76 Sattler, Buffalo, NY 14211 Takileonia Rutherford, 27 Mary Talbert, Buffalo, NY 14204 Cherelle Sanders, 64 Montclair, Buffalo, NY 14215 Kenneth Sanders, 527 E. Amherst, Buffalo, NY 14215 Ashanti Scott, 80 Sattler, Buffalo, NY 14211 Shacore Smith, 113 W. Northrup, Buffalo, NY 14214 Garland Smith - Jordan, 853 Seneca, Buffalo, NY 14210 Jordan Southern, 221 Sprenger, Buffalo, NY 14211 Tyshawn Starks, 503 Doat St, Buffalo, NY 14211 Paul Stoddard, 100 Lockwood, Buffalo, NY 14220 Shakiela Stokes, 26 Linden, Buffalo, NY 14204 Janiqua Tarrant, 231 Comstock, Buffalo, NY 14215 Teeanna Taschetta, 277 W Delavan, Buffalo, NY 14213 Lovette Taylor, 175 Waverly, Buffalo, NY 14208 Cameron Terry, 148 Mulberry, Buffalo, NY 14204 Davontay Thomas, 427 Ontario St, Buffalo, NY 14207 Lamonica Thomas, 173 Wakefield, Buffalo, NY 14215 DeVante Trotter, 246 W. Delavan, Buffalo, NY 142513 Lucila Velazquez, 300 7 th St, Buffalo, NY 14201 Chetara Walker, 64 Colorado, Buffalo, NY 14211 Diquan Warren, 142 Oakmont, Buffalo, NY 14215 LarQuon Watkins, 809 Northampton, Buffalo, NY 14211 Alean Watson, 108 Marigold Ave, Buffalo, NY 14215 Jalesa Watson, 205 Weston, Buffalo, NY 14215 Roshay White, 126 Jasper Parish Dr Apt C, Buffalo, NY 14207 Aaron Williams, 257 Westminister, Buffalo, NY 14215 Donspencer Williams, 19 Armin PI, Buffalo, NY 14210 Craig Witherspoon, 230 Peckham, Buffalo, NY 14206 Trevor Woods, 256 Coit, Buffalo, NY 14212 Joseph Wright, 45 Highgate, Buffalo, NY 14214 Stephon Wright, 52 Manhart, Buffalo, NY 14215 NO 33 NOTICES OF APPOINTMENTS - SEASONAL /FLAT I transmit herewith certificates received by me, reporting seasonal and flat salary appointments made in various departments. RECEIVED AND FILED CERTIFICATE OF APPOINTMENT Appointment Effective May 19, 2008 in the Department of Law to the Position of Seasonal Intern V, Seasonal, Non - Competitive, Minimum Starting Salary of $ 8.00 David M. Lee, 743 Elmwood Ave, Buffalo 14222 NO 34 APPOINTMENTS - TEMPORARY, PROVISIONAL OR PERMANENT I transmit herewith Appointments in the various departments made at the Minimum (Temporary, Provisional or Permanent) (as per contract requirements). REFERRED TO THE COMMITTEE ON CIVIL SERVICE. CERTIFICATE OF APPOINTMENT Appointment Effective May 27, 2008 in the Department of Public Works Division of Street to the Position of Assistant Administrator Temporary Appointment Minimum Starting Salary of $43,723 Judith Winnert, 206 Tuscarora Rd, Buffalo 14220 CERTIFICATE OF APPOINTMENT Appointment Effective June 9, 2008 in the Department of Administration, Finance, Policy and Urban Affairs Division of Treasury & Collections to the Position of Assistant Collection Officer Permanent Appointment Minimum Starting Salary of $33,359.00. Christina Pugh, 2 Hedley, Buffalo 14208 NON - OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON -OFFICIAL COMMUNICATIONS NO 36 E. BOCKSTAHLER- INTEREST IN PURCHASING 366 W FERRY (NIA) As a 19 -year resident of 65 Arnold St, I vehemently oppose any rezoning that would allow commercial use of 366 West Ferry. I currently own a home at 65 Arnold St. A few years back, I purchased and demolished a house at 11 Parkdale Ave to create a larger back yard for my home at 65 Arnold. Recently the city owned house at 366 West Ferry was demolished. This property is directly adjacent to my back yard. I would like to purchase the property to further extend my yard. It is my intention to fence the yard and plant grass just as I have done at 11 Parkdale. On Monday, May 12, 2008 1 spoke with Jay Duderwick from the real estate office who informed me of La Nova Pizzeria's interest in turning the land into a parking lot. Currently, within one block of La Nova Pizzeria, there is available parking (on street and off street) that can accommodate at least 80 vehicles. The last thing we need on the West side is more paved land. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO 36 BOARD PACKET DOCUMENTS Attached are the following documents from the Joint Schools Construction Board meeting scheduled on June 2, 2008: 1. Draft Agenda 2. Meeting Minutes from JSCB Meeting dated May 5, 2008 3. Fully Executed Phase III Application and Certificate for Payment No. 13 -April 2008 4. Phase III Application and Certificate for Payment No. 14 - May 2008 5. Program Packaging and Development Services (PPDS) Provider Update 6. Bevlar & Associates Inc. Construction Contract Monitoring and Compliance Services Monthly Report for Addendum 1 Phase III Project - April 2008 7. Inclusion Development Associates, Inc. Construction Contract Compliance Monitoring Monthly Report for Phase III - April 2008 COPY AVAILABLE IN THE CITY CLERKS OFFICE FOR REVIEW RECEIVED AND FILED NO 37 RE- INTRODUCTION OF MANDATE OF CITY'S COMMISSION ON CITIZEN'S RIGHTS & COMMUNITY RELATIONS Please file the attached item for further discussion at the next Common Council session to be held Tuesday, June 10, 2008. Thank you in advance for your assistance with this matter. After attending a portion of the Legislative Meeting of the Common Council on Tuesday, May 20 th, where Sam Radford presented concerns regarding police oversight issues, as the new Executive Director of the Commission on Citizens' Rights and Community Relations, I would like to take this opportunity to re- introduce to you the mandate of the Commission. In accordance with Section 18 -22, the following is stated: (d) Assist citizens with filing and pursuing complaints of police misconduct; (e) Review, monitor, report on, and recommend to the appropriate city officials action concerning the police department's (i) initial and continuing training program in community relations and respect for citizens' rights; and (ii) standards and procedures for investigating, acting upon, and resolving complaints of police misconduct. Upon completion of the police department's investigation of a complaint of police misconduct, the commission may review the police department's file on the investigation; (f) Submit at least one each year, and as requested by the mayor or common council, a report on: (i) its activities; (ii) the state of community relations in the city; (iii) the state of equal opportunity and respect for cultural diversity within city government and its services and programs; (iv) the state of the police department's initial and ongoing training programs in community relations and respect for citizens' rights and standards and procedures for investigating and acting upon complaints of police misconduct; and (v) significant issues that have arisen concerning any of the foregoing matters; As you can see, the Commission has already been charged with the position of police oversight on behalf of citizens for the City of Buffalo. The Commission is ready and willing to work with the Common Council and citizen's organizations and agencies on behalf of these issues. REFERRED TO THE COMMITTEE ON LEGISLATION NO 38 SUPPORT LETTER FOR DENIAL OF 175 S. DIVISION PARKING LOT APPLICATION 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. RECEIVED AND FILED NO 39 C. GRIFFASI- IMPLEMENT THE 2 ND ANNUAL CULTURAL WALK OF FAME The International All -Star Sports Council, Inc. (non - profit) would like to implement the second annual Cultural Walk of Fame. We would like permission to bring recognition and appreciation to people that have brought recognition to Buffalo and this region in the cultural world, e.g., visual, literary and performing arts, and their accomplishments past and present. Their names would be engraved in granite plaques 12" x 12" x 1" thick, recessed in the sidewalk flush, located along Elmwood Avenue from the Albright Knox Art Gallery to Summer Street. The installation will be done by Despirit Mosaic and Marble Co. The following list is the second selection of names to be included: 1. Angelo Brucklier, Drummer 2. Lou Fisher, Melody Fair 3. Edward L. Kleinhan, Founder Kleinhans Music Hall 4. Charlotte Albright, Painter 5. Al Borsberg, Comedy Writer 6. Elvin Shepard, Jazz soxophonist 7. Marian De Forest, Playwright (Little Women) 8. Frank Brunson, Singer 9. Chauncey Olcott, Son g writer (My Wild Irish Rose) 10. Mitchel & Moe Mark 1 s Movie Theater in Us Buffalo Buffalo and this region by no means take a back seat in the cultural world in all forms of the arts. Recognizing these local individuals' contributions boosts the City of Buffalo as well as the Western New York region. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO 40 J. HORNUNG- RESPONSE -BNFC LETTER REQ CAPITAL IMP /MASTEN PLAYGROUND Response to "B. Davis -BNFC Letter Requesting Capital Imp /Masten Playground "(Item #51, C.C.P. 5/27/08): In the short term, the Ball field and the building need updating, and I agree with his request. The balance of the park should be a bigger picture with a Parks Master Plan for the entire City. The County and Olmsted Parks have a Master Plan in place, but the other 163 park parcels have no such plan. We need to renew our parks and their usage for today and tomorrow's needs. If I can be of any further assistance, please do not hesitate to ask. REFERRED TO THE COMMITTEE ON FINANCE NO 41 BUFFALO OUTER HARBOR (SOUTHTOWNS CONNECTOR) PROJECT NYSDOT PIN 5044.01 (D260668) I am writing in response to your April 18, 2008 letter to Alan Taylor, Regional Director, wherein you requested a copy of the revised plan for the Southtowns Connector Project. The overall plan for this project remains as envisioned in the May 2006 Final Environmental Impact Statement. The Buffalo Outer Harbor Parkway, which is considered "Phase 1" of the larger plan, is currently underway and is being constructed consistent with the original design. In an effort to enhance the aesthetics and visual appeal of the Outer Harbor we are advancing concepts that were developed with input from a committee of local landscape experts and community leaders. These modifications do not change the overall intent of the project, but they do improve local access to and along the waterfront for transit, bicycles and pedestrians. The design details for these enhancements are not yet complete and are therefore not available. However, we will make the original project plans together with the renderings, conceptual drawings and other graphics we have developed with the assistance of the Outer Harbor Parkway Landscape Advisory Committee available for review at our office at a mutually convenient date and time. We appreciate the Common Council's interest in this project. If you would like to arrange for a review of the available information or if you have any other questions regarding this project, please feel free to contact me at (716) 847 -3214 or Sanjay Singh at (716) 847 -3230. REFERRED TO THE SPECIAL COMMITTEE ON WATERFRONT DEVELOPMENT NO 42 PARTNERSHIP FOR THE PUBLIC GOOD REPORT ON GREENING BUFFALO Please file the attached item for further discussion at the next Common Council session to be held June 10, 2008. Thank you in advance for your assistance in this matter. COPY AVAILABLE IN THE CITY CLERKS OFFICE FOR REVIEW REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO 43 PROPOSED NEW STAIR TO GRADE AND MODIFICATION TO 2 ND FLOOR DECK EXTENSION PEARL STREET GRILL & BREWERY 72 -76 PEARL STREET I would like to address two issues concerning the proposed work at the above referenced address. First, regarding the proposed new stair from the 2 "d floor balcony down to grade along Seneca Street, it is my professional opinion and belief that the addition of this stair will greatly enhance the egress capacity of the existing decks as well as increase the safety of the occupants of the upper floors of the building, who might choose to exit via the exterior stairs during a fire or similar emergency situation. Second, regarding the proposed modification to the 2 d Floor Deck Extension, it is my professional opinion and belief that the proposed modifications will eliminate congestion at the top of the existing exit stair and improve access to and circulation within the deck extension. Should you have any questions regarding the above, please do not hesitate to call me at 882 -0784. REFERRED TO THE COMMITTEE ON LEGISLATION NO 44 GOV D. PATERSON -THE NYS RETURNABLE CONTAINER ACT The NYS Returnable Container Act & Proposed Changes. On File in the City Clerk's Office REFERRED TO THE COMMITTEE ON LEGISLATION NO 45 NYSDEC- CLEANUP ACTIVITIES COMPLETE - STEELFIELDS SITE New York State Department of Environmental Conservation (DEC) in cooperation with New York State Department of Health (DOH) is pleased to announce that cleanup activities at the former Steelfields, Ltd. (Steelfields) site are complete. DEC has received a Final Engineering Report detailing work completed in Area 2 and 3 and is anticipating the report will be approved. DEC is providing this bulletin to announce the satisfactory completion of the cleanup in Area 2 and 3 and the availability of the Final Engineering Report, as well as to update the community on the remainder of the site. Site Background In October 2002, Steelfields, Ltd purchased several vacant industrial properties in Buffalo, New York out of bankruptcy from the LTV Steel and Hanna Furnace Corporation. At the same time, Steelfields entered in to a Voluntary Cleanup Agreement (VCA) with DEC to clean up the site. The site had been impacted by industrial wastes associated with steel manufacturing operations by the LTV Steel and Hanna Furnace Corporations. The subject property was broken up into four areas based on operational and ownership history. After the initial purchase and cleanup agreement, Steelfields purchased the Former August Feine facility adjacent to Area II. DEC approved a cleanup plan in December 2002, and cleanup work in the four areas began shortly thereafter. Progress to Date When last updated the cleanup activities at the entire site were almost complete. A Construction Completion Report has been accepted for the Area 1 portion of the site and is available for review. In addition, DEC approved a Final Engineering Report for Area 4 (now HydroAir) and issued a Certificate of Completion in December 2007. Since then, all remaining work has been completed and a Final Engineering Report has been submitted documenting the cleanup in Areas 2 and 3. Activities Completed Cleanup activities completed include: Capping the containment cell in Area 2 with a polyethylene liner with appropriate barrier protection soils and topsoil. The cell, constructed to cover and enclose a number of buildings and hazardous wastes left onsite, has been seeded and vegetation established. Installing additional groundwater monitoring wells in Area 3. Groundwater monitoring has started. Installing Oxygen Releasing Compound (ORC) socks into Area 3 wells to address low level benzene contamination. ORC socks are tubular bags that release oxygen into the groundwater to enhance degradation of benzene and other contaminants. Fencing off Area 2 and 3 and placing a vehicular traffic barrier consisting of pipes and cable around the containment cell. Demolishing the former August Feine office building. Remaining Activities Cleanup activities at the Steelfields Ltd. site are complete. A legal document will be filed with Erie County that details Operation and Maintenance requirements as well as restrictions on land use and groundwater use for all future owners of the property. The Final Engineering Report The Final Engineering Report describes the completed cleanup activities. It also includes a Site Management Plan which consists of required institutional and engineering controls as well as necessary operation, maintenance and monitoring required at the site. An institutional control is a non - physical restriction on use of the site, such as an environmental easement, when the remedial action leaves residual contamination that makes the site suitable for some, but not all uses. An engineering control is a physical barrier or method to manage contamination such as a soil cover or vapor barrier. For more information on institutional controls, please see the EPA's citizen's guide to institutional controls at www. epa. govlsuperf undlpolicylc/quidelcitquide.pdf For More Information Documents describing the activities at the former Steelfields Site, including the Final Engineering Report, are available for your review at the locations listed below. You are encouraged to review these documents and to contact project managers should you have any questions. Site - related documents are available for review at the following locations: Dudley Branch Library NYSDEC Region 9 Office 2010 South Park Avenue 270 Michigan Avenue Buffalo, New York 14202 Buffalo, New York 14203 Appointment Needed - call 851 -7220 Contact the following representatives for more Information: Maurice Moore Cameron O'Connor NYSDEC NYSDOH 270 Michigan Avenue 584 Delaware Avenue Buffalo, NY 14203 Buffalo, NY 14202 (716) 851 -7220 (716) 847 -4385 The Department would like to take this opportunity to thank you for your patience and participation in this monumental cleanup project. Your participation in the effort to restore and reuse properties impacted by the presence or potential presence of contaminants is important and appreciated. We hope that the remaining Steelfields property will be redeveloped to benefit the region. As demonstrated by the relocation of HydroAir to Area IV, land that was once undesirable can be returned to productive use. REFERRED TO THE SPECIAL COMMITTEE ON WATERFRONT DEVELOPMENT NO 46 RANDACCIO -NFTA REQ ENCROACH OF ROW ON ELL ST BTWN N DIV & EAGLE ST The Niagara Frontier Transportation Authority requests encroachment permission to utilize the City fight of way on Ellicott Street between North Division and Eagle Street for parking of six (6) NFTA authorized vehicles. The area is located on the East Side of Ellicott Street and contains sufficient parking for 6 vehicles within a curb cut parallel to the front of the NFTA Bus Staging Area. The portion of Ellicott Street between North Division and Eagle would remain open to thru traffic, but the parking lane within the curb cut would be restricted to NFTA functions and uses. For the past 20 years the NFTA has utilized these spaces for employee parking only. 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 & COMMISSIONER OF PUBLIC WORKS NO 47 D. SMITH - QUESTIONS REGARDING PROCEEDINGS /OFFICER HORNE Dear Commissioner Gibson, A decision has been made in Officer Home's Case. I must admit that I sympathize with the loss of a Police Officer from active duty and understand that this case has been very tense in the department. I would like to request impartiality in the awarding of benefits due to Officer Home and also that she receives all benefits due to her. The Legislation Committee of the Common Council has heard testimony from community members. I have also received numerous concerns from residents regarding the status of Officer Home. It is clear that members of the Buffalo Common Council and residents of our community need clarification on certain matters surrounding Officer Home's dismissal from the Buffalo Police Department. I do understand the sensitivity of information due to pending litigation, but I believe that the following questions can be answered without impact on pending cases. First, why was Officer Home required to retain legal counsel to represent her during departmental proceedings? Second, why was Officer Home relieved from her duties during the hearing process? Third, if Officer Home was eligible for retirement from the Buffalo Police Department why was she not allowed to do so thereby providing her access to pension benefits that she earned? Fourth, why were witnesses who observed the confrontation between the two officers not allowed to testify regarding the events in question? Finally, what are the options available to Ms. Horne now that a decision has been made to terminate her employment with the City? I am certain that you will agree that it is important that the citizens of the City of Buffalo have a complete understanding of all the facts related to this matter. I am confident that once there is an open and transparent examination of the facts our community can move forward together. REFERRED TO THE COMMITTEE ON LEGISLATION, COMMISSIONER OF POLICE AND THE CORPORATION COUNSEL NO48 D. SMITH -R. DAINES -NYSDH DRAFT LEGISLATION HEALTH CARE IN ERIE COUNTY Attached please find draft legislation that, if enacted, would effect historically significant improvement to the health care delivery system in Erie County. As you know, Chapter 63 of the Laws of 2005 created the Commission on Health Care Facilities in the 21 _t Century (the "Commission "). Western Region Acute Care Recommendation 5 requires that Kaleida Health and Eric County Medical Corporation ( "ECMC ") be joined under a unified governance structure. It also requires the Commissioner of Health to "present to the State Legislature any necessary draft legislation, sufficient to implement this recommendation by June 30, 2008." At this time, a single joint board, Western New York Health System Inc. (WNYHS), has been created and has the necessary powers to meet the minimal requirements of state law. Absent legislation however, the unique opportunity for comprehensive reform to the health care delivery system in Erie County - an opportunity made possible by the Legislature through it's creation of the Commission - may not be fully recognized and will certainly be delayed. The enclosed draft legislation would clarify and strengthen the relationship between Kaleida, ECMC and WNYH& It would allow these facilities to more quickly take the step necessary to meet the Commission goals of containing costs, improving quality and increasing access to needed services. Erie County has a unique opportunity, with the State's support, to develop a world class health care system and this legislation moves this goal closer to a reality. Under the bill, ECMC s public benefit corporation status would be continued, and its employees would continue to be public employees. Employees would maintain current benefits, continue with the same bargaining unit, and be protected from layoffs for one year. These provisions are important to keeping a stable and productive workforce at ECMC. This bill would relieve Erie County taxpayers of their current statutory duty to subsidize ECMC operations. The County may continue to have some financial obligation to ECMC based upon contractual obligations to support previously issued bonds. In return, ECMC's governance would be revised to reflect its new status as part of the WNYHS. The bill also clarifies that Kaleida's governing structure is subject to certain oversight by WNYHS. Finally, the bill would empower WNYHS to develop a revenue sharing agreement between ECMC and Kaleida so that neither provider is disadvantaged by possible changes in service configuration. My staff is available to meet with yours at their earliest convenience, as am I, to discuss the draft legislation further, and to answer any questions. COPY AVAILABLE IN THE CITY CLERKS OFFICE FOR REVIEW REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO 49 D. SMITH - REQUEST INFO ON HIRING OF COUNCIL STAFF At the last meeting of the Common Council of the City of Bufihlo, a late file was presented on the Council Floor for an appointment to Council Staff that I objected to. Due to Council rules objections to late files cannot be discussed. My objection to the late file was not due to nefarious reasons as some have alleged but rather substantial concerns that we did not have the opportunity to discuss. My concerns are the following: • Procedurally, does the Council President, Majority Leader or a district Council Member, make appointments to Common Council Staff? • If Council Staff works for the entire Council as stated by Council Leadership, shouldn't the entire Council at least have to opportunity to meet the proposed candidate? • Upon my appointment to the Council, Members were very vocal in their desire to have a process that required advertisement of the position, submission of a cover letter and resume, a deadline to receive those, and an interview by the entire Council outside of the legal appointment procedures before any appointment vote was to take place. Does the Council have the same desire to have a process for hiring staff? • Is there a process for hiring Council Staff ?. If so what is the process? • Is there a job description for the open staff position? • Since all staffing decisions were done by five of the nine members, will there every be a time when consideration for candidates recommended by the other four take place? • How many other candidates inquired about the open position? At the last Council meeting a resume for a Legislative Staff Member was received and filed. Was there any consideration given to anyone else beside the proposed candidate? The current candidate is proposed to be brought in at the Senior Legislative Assistant title. The experience in the resume (containing grammatical errors that I was handed in passing by a district Council Member) does not show the experience level for the title. Being a former Senior Legislative Assistant after working my way through the ranks from an intern up as well as other Sr. Legislative Assistants who have done the same, value the title and expectations of performance. Are we shortchanging the candidate by hiring at the top level? I am personally and professionally offended by the hiring practices for exempt staff by the Common Council Leadership. Five members with no consultation or consideration by the other four make all decisions for staff appointments. It is hypocritical to ask for a process for the appointment of Council Members but none of Staff. The attempt to shove a candidate down the throats of other Council Members is not only unethical but shortchanges the incoming staff member. I have been consistent in my message of inclusion of the other four Council Members in staffing decisions and shall continue to do so until Council Leadership reflects nine Council Members instead of five. The courtesy of a reply is expected. RECEIVED AND FILED AYES — DAVIS, FONTANA, FRANCZYK, KEARNS, LOCURTO, RIVERA, RUSSELL, SMITH 8, NOES- GOLOMBEK 1 NO. 50 D. SMITH - APPOINTMENT TO BFLO ARTS COMMISSION Dear Mayor Brown; Enclosed is the resume of Mr. James Cooper III. Mr. Cooper is a nationally recognized and locally renowned Artist and Instructor. His knowledge and practice of art is exceptional. I am requesting Mr. Cooper to be appointed to the Buffalo Arts Commission to fill an expired or vacant seat. Mr. Cooper's familiarity and expertise in Art will only enhance the mission and functioning of the Commission. REFERRED TO THE COMMITTEE ON LEGISLAITON AND THE MAYOR NO. 51 M. VISHER - KALEIDA HEALTH COMMUNITY AND PROVIDED HEALTH CARE PROJECT STUDY Dear Ms. Rushton, Enclosed please find the Kaleida Health Community and Provided Health Care Project Survey. After review of the enclosed material should you have questions or desire additional copies of the survey please contact our Administrative Assistant Shirita Bryant, by phone 716 - 881 -7212, or email sbrgant(g)kaleidahealth.org. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 52 P. CAVARETTA, AGENT, RESTRICTED USE, CONVERT EXISTING STORE TO TAKE -OUT RESTAURANT (PUB HRG 6 /17)(NORTH) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 53 B. MELBER, AGENT, USE REST /NIGHTCLUB TO ADD A NEW RESTAURANT PATIO -483 DELAWARE (PUB HRG 6 /17)(ELL) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 54 D. CONNORS, OWNER, 234 DELAWARE AKA 117 CHIPPEWA WEST, SIDEWALK PATIO TO THE FRONT OF EXISTING BAR/REST. (NO PUB HRG)(ELL) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 66 R. PLATT, AGENT, USE 51 MOHAWK EAST FOR AN OUTDOOR PATIO (NO PUB HRG)(ELI) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD, THE PRESERVATION BOARD AND THE ZONING BOARD NO. 56 H. HITZEL, AGENT, USE 407 WILLIAM ST FOR A HUMAN SERVICE FACILITY (NO PUB HRG )(ELL) ADOPTED REGULAR COMMITTEES CIVIL SERVICE (BONNIE E. RUSSELL, CHAIRPERSON) NO. 57 APPT EXECUTIVE DIRECTOR (EXEMPT)(FLAT)(ESZAK)(STRAT PLAN) (CCP# 17, 5/27) That the above item be the same and hereby is Received and Filed ADOPTED NO. 58 APPT COMM PUBLIC WORKS, PKS & STS (EXEMPT)(FLAT)(STEPNIAK)(PW) (CCP# 30, 5/27) That Communication 30 of May 27, 2008 be received and Filed and that the Exempt Appointment of Steven Stepniak be Received and Filed ADOPTED NO. 59 APPOINTMENT - PETER MERLO (ITEM NO. 31, C.C.P., MAY 27, 2007) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mrs. Russell moved: That the appointment of Peter Merlo as City Engineer, $72,401, be and it hereby received and filed ADOPTED NO. 60 APPT DIRECTOR OF MAYORS TASK FORCE ON HOUSING (EXEMPT)(FLAT)(FANARA)(EDPI) (CCP# 39, 5/27) That the above item be the same and hereby is Received and Filed ADOPTED NO. 61 APPT SPECIAL ASSISTANT TO THE COMM OF EDPI (EXEMPT)(FLAT)(FORD)(EDPI) (CCP# 40, 5/27) That the above item be the same and hereby is Received and Filed ADOPTED NO. 62 INQUIRIES INC. MODIFICATION AGREEMENT - BACKGROUND INVESTIGATION FOR ENTRY POLICE AND FIRE (ITEM NO. 41, C.C.P., MAY 27, 2008) That the Deputy Commissioner of Human Resources, be and she hereby is authorized to enter into a Modification Agreement between the City and Inquiries, Inc., for Background Investigation for Entry Police and Fire be and it hereby is approved. PASSED AYES -9 NOES -0 NO. 63 NOTICES OF APPOINTMENTS - TEMP /PROV /PERM(CTY CLK) (CCP# 47, 5/27) That the above item be the same and hereby is Received and Filed ADOPTED NO. 64 PUBLIC SAFETY PSYCHOLOGY CONTRACT EXTENSION - PSYCHOLOGICAL EVALUATION FOR ENTRY POLICE (ITEM NO. 41, C.C.P., MAY 13, 2008) That the Deputy Commissioner of Human Resources, be and she hereby is authorized to enter into an Agreement between the City and Public Safety Psychology, PLLC, for pre - employment psychological evaluation of entry-level Police Officers. PASSED AYES -9 NOES -0 NO. 65 EXT CONTRACT INQUIRIES INC- BACKGROUND INVESTIGATION FOR ENTRY POLICE & FIRE (CS) (CCP# 42, 5/27) That the above item be the same and hereby is Received and Filed DOPTED FINANCE (MICHAEL P. KEARNS, CHAIRMAN) NO. 66 CONTRACT INFORMATION ON LINE (MIS) (CCP# 19, 5/27) That the above item be the same and hereby is Received and Filed ADOPTED NO. 67 P. SNYDER- SUPPORT MPLG PURCHASE OF MAIN PLACE RAMP (CCP# 65, 5/27) That the above item be the same and hereby is Received and Filed ADOPTED NO. 68 APPROVAL OF SERVICE CONTRACT WITH ERIE REGIONAL HOUSING DEVELOPMENT CORP., BUFFALO LEADERSHAPE AMERICORP PROGRAM (ITEM NO. 38, C.C.P., MAY 13, 2008) That the Commissioner of Community Services and Recreational Programming, be and she hereby is authorized to enter into a Service Contract with Erie Regional Housing Development Corporation - Buffalo LeaderShape AmeriCorps, partnership for a one year period, which may be renewed annually. PASSED AYES -9 NOES -0 NO. 69 BUDGET AND PERSONNEL AMENDMENT- 08 - DEPARTMENT OF MIS, 1071 - MIS (ITEM NO. 117, C.C.P., MAY 13, 2008) That the Budget and Personnel Amendment - 08 - Department of MIS, 1071 -MIS, as contained in Item No. 117, C.C.P., May 13, 2008, be and the same hereby is approved. PASSED AYES -9 NOES -0 NO. 70 REQ AND AUDIT OF MAYORS IMPACT TEAM (CCP# 123,4/29) That the above item be the same and hereby is Received and Filed ADOPTED NO. 71 (31 1) DETAILED SUMMARY (MAYOR) (CCP# 1, 4/15) That the above item be the same and hereby is Received and Filed ADOPTED COMMUNITY DEVELOPMENT (MICHAEL J. LOCURTO, CHAIRMAN) NO. 72 ACCESS REQUESTED BY BUFFALO CHINA, INC. TO CITY -OWNED PROPERTIES AT 82,112 AND 118 HARRISON STREET AND 66 LESTER (ITEM NO. 11, C.C.P., MAY 27, 2008) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Kearns moved: That the Corporation Counsel be, and she hereby is authorized to prepare the necessary access agreements to City -owned real property located at 82, 112 and 118 Harrison Street and 66 Lester between the City and Buffalo China and Buffalo China's Contractor and that the Executive Director of the Office of Strategic Planning be authorized to execute the same. PASSED AYES -9 NOES -0 NO. 73 M. KEAMS - PROGRAM TO IDENTIFY VACANT AND VACANT & DANGEROUS PROPERTIES ( #55, 5/27) That the above item be the same and hereby is Received and Filed. ADOPTED NO 74 B. DAVIS -M. HWANG -INFO HOUSING UNITS ( #93,5/27)(#46,5 /13) That the above item be the same and hereby is Received and Filed. ADOPTED NO 75 GREATER INCLUSION OF GOOD NEIGHBOR PLANNING ALLIANCES IN THE PLANNING PROCESS (ITEM NO. 126, C.C.P., MAP, 4, 2008) That in order to strengthen this neighborhood planning process, the Common Council would like to re- examine the current planning process to allow for greater and official inclusion of Good Neighbor Planning Alliances' recommendations and comments. ADOPTED NO 76 B. Davis -Fruit Belt United Req to Purchase 172 Mulberry St (#64,4/29) That the above item be the same and hereby is Received and Filed. ADOPTED LEGISLATION (JOSEPH GOLOMBEK JR., CHAIRMAN) NO 77 J. ROBINSON, PETITION TO USE 1239 HERTEL - OUTDOOR CAFE (ITEM NO. 67, C.C.P., MAY 27, 2008) That after the public hearing before the Committee on Legislation on June 3, 2008, the petition of James Robinson, owner, for permission to use 1239 Hertel Avenue for an outdoor car6 12'x 15' and 12'x 15.5' on the right -of -way be, and hereby is approved. PASSED AYES -9 NOES -0 NO 78 PHILLIPS LYTLE, LLP, PETITION TO USE 975 FUHRMAN BOULEVARD TO CONVERT A 6 STORY BUILDING TO AN 8 STORY BUILDING (ITEM NO. 68, C.C.P., MAY 27, 2008) That after the public hearing before the Committee on Legislation on June 3, 2008, the petition of Phillips Lytle, LLP, agent, for permission to convert and enlarge an existing 6 story masonry warehouse to an 8 story building (140 to 150 condos) with a penthouse and an attached parking garage with surface parking be, and hereby is approved. PASSED AYES -9 NOES -0 NO 79 R. SANTORO, PETITION TO USE 2299 SOUTH PARK - POLE SIGN (ITEM NO. 70, C.C.P., MAY 27, 2008) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Golombek moved: That the petition of Rocco Santoro, agent, for permission to use 2299 South Park a /k/a 2301 South Park to erect a 4' x 12' x 14' pole sign be, and hereby is approved. PASSED AYES -9 NOES -0 NO 80 R. SANTORO, PETITION TO USE 1606 KENMORE - GROUND SIGN (ITEM NO. 71, C.C.P., MAY 27, 2008) That the petition of Rocco Santoro, agent, for permission to use 1606 Kenmore Avenue to erect an 8' wide x 8' tall ground sign and to install a 2.5'x 8' wall sign be, and hereby is approved. PASSED AYES -9 NOES -0 NO 81 G. SARACH, PETITION TO USE 31 ABBOTT ROAD - USED CAR LOT (ITEM NO. 72, C.C.P., MAY 27, 2008) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Golombek moved: That the petition of G. Sarach, agent, for permission to use 31 Abbott for a used car lot be, and hereby is approved. PASSED AYES - 9 NOES — 0 NO 82 V. DIFRANCISCO & O -STOP COB AND D'YOUVILLE COLLEGE FROM CLOSING OFF FARGO AVE TO MOTOR VEHICLES ( #73,5/27) That the above item be the same and hereby is Received and Filed. ADOPTED NO 83 J. DUTKA & OSUPPORT PATIOS 483 AND 487 DELAWARE ( #74,5/27) That the above item be the same and hereby is Received and Filed. ADOPTED NO 84 G. SHRODER & O- AGAINST PATIOS 483 AND 487 DELAWARE ( #75,5/27) That the above item be the same and hereby is Received and Filed. ADOPTED NO 85 APPOINT - STEVEN J. STEPNIAK - COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS (ITEM NO. 2, C.C.P., MAY 27, 2008) That the appointment of Steven J. Stepniak, residing at 152 Dorrance, to the position of Commissioner of Public Works, Parks and Streets be, and hereby is approved. PASSED AYES -9 NOES -0 NO 86 B. DAVIS - COLD SPRINGS TAXI LETTER REGARDING POTENTIAL RATE INCREASE (ITEM NO. 48, C.C.P., MAY 27, 2008) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Golombek moved: That the above - mentioned item be and the same is hereby received and filed. ADOPTED NO 87 J. GOLOMBEK - B. DRAKE CONCERNS RAISING TAXI FARES (ITEM NO. 52, C.C.P., MAY 27, 2008) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Golombek moved: That the above - mentioned item be and the same is hereby received and filed. ADOPTED NO 88 J. GOLOMBEK - G. HOPKINS - CONCERNS RAISING TAXI FARES (ITEM NO. 53, C.C.P., MAY 27, 2008) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Golombek moved: That the above - mentioned item be and the same is hereby received and filed. ADOPTED NO 89 PHILLIPS LYTLE LLP - APPLICATION FOR RESTRICTED USE PERMIT WITHIN BUFFALO COASTAL REVIEW DISTRICT - QUEEN CITY LANDING (ITEM NO. 56, C.C.P., MAY 27, 2008) That the request of Phillips Lytle LLP as agent, for a restricted use permit for development within the Buffalo Coastal Special Review District of an 8 -story, 140 to 150 unit condominium complex at 975, 1005 Fuhrmann Boulevard is hereby approved. PASSED AYES - 9 NOES — 0 NO 90 R. STANTON - PEARL STREET GRILL & BREWERY - 72 -76 PEARL APPEAL PRESERVATION BOARD DENIAL (ITEM NO. 66, C.C.P., MAY 27, 2008) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Golombek moved: That the appeal of Richard E. Stanton, Esq. from the denial of a Certificate of Exception by the Buffalo Preservation Board on or about April 17, 2008 is hereby granted to allow for: 1. The extension of the second floor balcony (12' x 8' ) at the second floor of the rear of the building and 2. The construction of a second set of metal stairs to the street level. PASSED AYES — Davis, Fontana, Kearns, Russell, Smith 5 NOES- Franczyk, Golombek, LoCurto, Rivera 4 NO 91 URGING THE NEW YORK STATE LEGISLATURE TO UPDATE NEW YORK'S BOTTLE BILL (ITEM NO. 109, C.C.P., MAY 27, 2008) That the Common Council, 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 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. PASSED AYES - 9 NOES — 0 NO 92 ALBERT A. SANITA, JR., TO USE 1194 LOVEJOY - OUTDOOR PATIO AND PAVILION (ITEM NO. 69, C.C.P., MAY 13, 2008) That after the public hearing before the Committee on Legislation on May 20, 2008, the petition of Albert A. Sanita, Jr., owner, for permission to use 1194 Lovejoy for an outdoor patio and pavilion (former garage, now without sides) accessory to the bar /restaurant be, and hereby is approved. PASSED AYES -9 NOES -0 NO 93 J. GOLOMBEK -F. BONA - REQ. TAXI AND LIMO COMMISSION - GRANT METER INCREASE (ITEM NO. 51, 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 - mentioned item be and the same is hereby received and filed. ADOPTED. NO 94 J. GOLOMBEK -IGOR FINKELSHTEIN - STANDARDIZED TAXI RATES (ITEM NO. 62, 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 - mentioned item be and the same is hereby received and filed. ADOPTED NO 95 R. PEKARSKI - VERIZON WIRELESS MONOPOLE - TOWER- BAILEY CLINTON (LOV) (#63,5/13) That the above item be the same and hereby is Received and Filed. ADOPTED NO 96 REQUESTING TRAFFIC STUDY ON STERLING AVENUE (ITEM NO. 116, C.C.P., MAY 13, 2008) That the Common Council requests the Planning Board to perform a traffic study to examine the impact of the Sterling Avenue driveway. ADOPTED NO 97 RESTAURANT DANCING CLASS III- 228 FRANKLIN (ITEM NO. 37, C.C.P., APR. 29, 2008) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Golombek moved That the above item be recommitted to the committee on Legislation ADOPTED NO 98 CAMPOREE 2008: WAIVER OF CURFEW IN DELAWARE PARK (ITEM NO. 86, C.C.P., MAP, 18, 2008) That the Common Council ordains and directs that the Commissioner of Parks, the Commissioner of Human Services, Parks and Recreation, the Special Events Committee and any other official(s) having jurisdiction over the operation and managements of Delaware Park exempt the organizers, supervisors and registered participants in the 2008 Camporee Event from the curfew provisions as listed in the above communication and any other pertinent prohibitions against the use of Delaware Park beyond 10:00 p.m. only on the nights of Friday, October 10 and Saturday, October 11, and the mornings of Saturday, October 11, and Sunday, October 12 by those individuals specifically identified herein. ADOPTED NO 99 FOOD STORE LICENSE -2483 BAILEY (LOV)(EDPI) ( #25,4/1) That the above item be the same and hereby is Received and Filed. ADOPTED NO 100 M. LOCURTO -CITY CONTRACT INFORMATION ONLINE (#69,10/2) That the above item be the same and hereby is Received and Filed. ADOPTED RESOLUTIONS NO 101 BY: BRIAN C. DAVIS SUBJECT: MORATORIUM ON SURFACE PARKING Whereas: On April 15th, 2008 this honorable body unanimously reaffirmed its earlier resolution of 2003 calling for a moratorium in the downtown corridor bounded by Michigan Avenue between South Park and Virginia Place, as well as the adverse impact caused by the excessive number of surface parking lots in the Downtown Corridor; and Whereas: Said Moratorium provided the ability for any party seeking to challenge said Moratorium to seek recourse from the Common Council; and Whereas: The Common Council now seeks to set a minimum duration for the period of the Moratorium to allow for sufficient time for the creation and adoption of a rational plan to guide parking in the Downtown Corridor as defined in our Resolution of April 15, 2008; and Whereas: The duration of said Moratorium determined necessary for the development of rational coordinated parking plan which will protect the quality of life in the downtown communities and which will further provide necessary resources for any businesses in need of parking is hereby determined to be one year. Now, Therefore, Be It Resolved: That the Common Council hereby directs that the period of the Moratorium created by Resolution of April 15 2008 is hereby set to extend until June 10, 2009; and Be It Further Resolved: That all aspects of Moratorium adopted April 15 2008 are readopted herein; and Be It Further Resolved: That the Office of Strategic Planning is directed to present to this honorable body a draft of a rational plan for parking in the downtown corridor within eight months together with an outline of proposed steps to follow to implement the same; and Be It Further Resolved: the Commissioner of Economic Development, Permits and Inspection Services is directed to refer all requests for construction and operation of surface parking in the City of Buffalo to the Executive Director of the Office of Strategic Planning and thence this honorable body for the next year; and Be It Finally Resolved: That unless and until this Moratorium is lifted or amended by this Honorable Body no permits for the operation or construction of any new surface parking lots in the Downtown Corridor shall be issued for one year from the date of this resolution. ADOPTED AYES — Davis, Franczyk, Golombek, Rivera, Russell, Smith 6, NOES — Fontana, Kearns, LoCurto 3 NO 102 BY: BRIAN C. DAVIS PERMISSION TO HANG A BANNER ON ALLEN STREET Whereas: The Allentown Association would like to advertise their Allen West Festival on Allen Street; and Whereas: In order to promote the event, the Allentown Association is requesting permission to hang a banner on Allen Street from SW comer of Allen & Elmwood to NW comer of Allen & Elmwood; and Now Therefore Be it Resolved: That the Common Council of the City of Buffalo grant permission to The Allentown Association to hang a banner to advertise their event; and Be It Further Resolved: That said banner would hang from June 12, 2008 through June 17, 2008. Be It Finally Resolved: That the banner meets the legal specifications set forth by the Department of Public Works and that no existing laws are violated. ADOPTED NO 103 BY MR. GOLOMBEK DISCHARGE LEGISLATION COMMITTEE "G. SMITH, OWNER, USE 19 CLYDE ST. USED CAR SALES (UNIV)(NO PUBL HRG)( #69, 4/15)( #87, 4/29)" (NO 105, C.C.P. MAY 13, 2008) WHEREAS: The above item is currently in the Legislation Committee; and WHEREAS: It is no longer necessary for this item to be considered by that committee; Now, Therefore Be It Resolved: That this Common Council does hereby discharge the Legislation Committee from further consideration of Item #105, C.C.P. May 13, 2008, "G. Smith, Owner, Use 19 Clyde St. Used Car Sales (Univ)(No Publ Hrg)( #69, 4/15)( #87, 4/29)" and said item is now before the Common Council for its consideration. PASSED AYES -9 NOES -0 NO 104 BY: MR. GOLOMBEK RE: ORDINANCE AMENDMENT CHAPTER 437, TAXICABS, COMMON LIVERIES AND SIGHTSEEING BUSES The Council of the City of Buffalo does hereby ordain as follows: That Chapter 437 of the Code of the City of Buffalo be amended to read as follows: § 437 -14. Rates and charges. A. No person shall charge a greater sum for the use of a taxicab or livery than in accordance with the following rates: (1) (1) Hourly rates: [$24] $30 per hour for one or more passengers. (2) Mileage rates: $2.30 for the first 1/6 mile or less; [$0.40] —0.50 for each additional 1/6 mile or less; [$0.40] $0.50 for each one minute of waiting time, including time lost in traffic delays. (3) Hand baggage: free. (4) Trunks: $1 each. (5) Large boxes: $1 each. B. No additional or extra charge shall be made for carrying more than one passenger, but all passengers up to the seating capacity of the vehicle shall be carried for the same fare as that above prescribed for one passenger. C. Upon demand, the driver of a taxicab or livery shall furnish to the passenger a receipt for the fare paid, showing the name and badge number of the driver. D. All disputes as to the lawful rate of fare shall be determined by the police officer in charge of the police station nearest to the place where the dispute arises or occurs; and a failure to comply with such determination, provided that it be in accordance with the rate herein fixed, shall be a violation of this chapter. E. The rate charged in the City of Buffalo shall be subject to review and renewal by the Common Council after a period of one year from the effective date of such rate change. During that one -year period, taxicab and livery service providers shall work with the Common Council on improving the quality of service in the City of Buffalo. The amount of improvement and extent of cooperation by the taxicab and livery service providers may be considered in the decision to renew the rate for an additional period of time. F. The rate of fare for any sightseeing bus (including all charges) for each fixed route of said sightseeing bus shall be on file with the Office of Licenses and shall be clearly displayed within each sightseeing bus. It is hereby certified pursuant to Section 3 -19(g) of the Charter of the City of Buffalo, that the above amendments shall take effect on September 1, 2008. APPROVED AS TO FORM REFERRED TO THE COMMITTEE ON LEGISLATION NO 105 SPONSOR: MR. GOLOMBEK, JR. PERMISSION TO HANG "THE GARDEN WALK BUFFALO" BANNER Whereas: The Garden Walk Buffalo is an annual event that attracts thousands of walkers, gardeners, and tourists every year; and Whereas: Representatives from the Garden Walk Buffalo have requested permission to hang a banner across Elmwood Avenue south of Bidwell Avenue and attached to Care Aroma and Talking Leaves Bookstore on the east side of Elmwood Avenue and a street lamppost on the west side of Elmwood Avenue from July 1 st, until after the Garden Walk ends, when it will be taken down on July 28; and Now Therefore Be It Resolved That The Garden Walk Buffalo representatives must meet all restrictions and guidelines as determined and set by the Department of Public Works, Parks, and Streets. Be It Further Resolved That the Common Council of the City of Buffalo does hereby grant permission to the Garden Walk Buffalo to hang a banner celebrating its annual Garden Walk, at the location mentioned above for the time period of July 1 sc through July 27 ADOPTED NO 106 BY: MR. KEARNS TRANSFER OF FUNDS - CAPITAL PROJECTS That, Pursuant to §20 -12 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the sum of $300,000 be and hereby is transferred and reappropriated as set forth below. From: 17220007 - 470002 Capital Project Planning Reserve $300,000 To: 30000106 - 445100 Planning Capital Projects $300,000 From: 30000106 - 445100 Planning Capital Projects $300,000 To: 30310306 - 445100 Infrastructure RPR &RPL (Paving & Sidewalks) $300,000 PASSED AYES - 9 NOES — 0 NO 107 BY: MR. KEARNS TRANSFER OF FUNDS COMMON COUNCIL - LEGISLATIVE That pursuant to §20 -12 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the sum of $4,337.01 be and the same is hereby transferred from the City Clerk and said sum is hereby reappropriated as set forth below: From: City Clerk 10220006- 434000 Other Contractual Services $1,100.00 Legislative - Travel 1 01 09004 458001 Transportation $1,542.66 1 01 09004 - 458002 Meals & Lodging $1,694.35 To: Legislative - Personal Services 10102001 - 412002 Hourly Salary $4,377.01 PASSED AYES -9 NOES -0 NO 108 BY: MR. KEARNS TRANSFER OF FUNDS COMMON COUNCIL - LEGISLATIVE That pursuant to §20 -12 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the sum of $1,500 be and the same is hereby transferred from the Common Council Legislative and said sum is hereby reappropriated as set forth below: From: Common Council Legislative 10114001 - 4114001 Annual Salary $1,500 To: City Clerk 10220006 - 434000 Other Contractual Services $1,500 PASSED AYES -9 NOES -0 NO 110 NO 109 BY: MR. KEARNS TRANSFER OF FUNDS COMMON COUNCIL - LEGISLATIVE That pursuant to §20 -12 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the sum of $5,200 be and the same is hereby transferred within the Common Council and said sum is hereby reappropriated as set forth below: From: Legislative - Personal Services 10104001 - 411001 Annual Salary $5,200 To: Legislative - Personal Services 10102001 - 412002 Hourly Salary $5,200 PASSED AYES -9 NOES -0 NO 110 SPONSORED BY: MR. LOCURTO INITIATING A CITY -HALL RIDE -SHARE PROGRAM TO ENCOURAGE EMPLOYEES TO CARPOOL Whereas: Due to the perpetual increase in gas prices, many City of Buffalo workers are spending a greater portion of their paycheck on transportation expenses; and Whereas: In addition to high fuel costs, many City of Buffalo employees pay nearly $1,000 annually to park near City -Hall; and Whereas: One way to reduce transportation expenses that some employees incur is carpooling, an arrangement by two or more people to travel to and from work together in one automobile and share costs; and Whereas: City of Buffalo employees who carpool do so without any formal "ride- share" program sponsored by City government; and Whereas: The Bicycle Pedestrian Advisory Board can organize and advertise a Ride -Share Program; and Whereas: Many municipalities and companies nationally are experimenting with car - pooling incentive programs, i.e. offering free or reduced parking and prize drawings, to encourage their employees to carpool; and Whereas: Some of the benefits of carpooling include reduction in greenhouse gases being transmitted into the environment, reduced "wear and tear" on both city streets and employee automobiles, and reduced transportation expenses for employees. Now, Therefore be it Resolved: That the Buffalo Common Council expresses its support for initiating a City -Hall Ride -Share program whereby the City would help match interested employees who live close together and have a similar work - schedule; and Be it Further Resolved: That this honorable body encourages the Administration and City Parking Board and the Bicycle- Pedestrian Advisory Board to examine the feasibility of offering incentives for carpoolers, such as a reduction in parking costs or a prize drawing program; and Be it Finally Resolved: That copies of this resolution be sent to the Mayor's office, Board of Parking, and the Bicycle- Pedestrian Advisory Board for comment. ADOPT LAST RESOLVE REMAINDER TO THE COMMITTEE ON COMMUNITY DEVELOPMENT, TO HUMAN RESOURCES, PARKING BOARD AND BICYCLE PEDESTRIAN BOARD NO 111 BY: MR. RIVERA CO- SPONSORED BY: MRS. RUSSELL; MSSRS. LOCURTO, FONTANA, FRANCYZK, SMITH, DAVIS, KEARNS, GOLOMBEK. IN SUPPORT OF GAY PRIDE WEEK AND EVENTS WHEREAS, the City of Buffalo is home to many diverse communities, including members of the Gay, Lesbian, Bisexual and Transgendered community; and WHEREAS, each year the GLBT community celebrates with festivities including the annual Pride Parade, concerts, comedy shows, and outreach opportunities; and WHEREAS, the 2008 Pride Parade will take place on Sunday, June 8'and march along Elmwood Avenue, ending with a celebration at Bidwell Parkway; and WHEREAS, each year the organization Pride - Buffalo marks the weekend of Pride events by hanging the traditional, rainbow Pride flags along Elmwood Avenue; NOW, THEREFORE BE IT RESOLVED, that the Common Council of the City of Buffalo celebrates the diversity of its constituency and offers its full support of Pride events, including the Pride Parade on June 8, 2008; and BE IT FURTHER RESOLVED, that the Common Council of the City of Buffalo approves Pride - Buffalo's request to hang Pride flags along Elmwood Avenue. ADOPTED NO 112 BY: MR. RIVERA APPOINT SENIOR LEGISLATIVE ASSISTANT Whereas: I hereby appoint Marite Bellfleld, residing at 87 Pries Avenue, Buffalo, New York, 14220 to the position of senior Legislative Assistant to the Common Council in the central Staff office; and Now, Therefore, Be It Resolved That: Marite Bellfield is hereby appointed as a Senior Legislative Assistant to the Common Council in the Central Staff office pursuant to section 3 -7 of the Charter of the City of Buffalo, to be effective June 10, 2008. ADOPTED AYES — DAVIS, FONTANA, FRANCZYK, GOLOMBEK, KEARNS, LOCURTO, RIVERA, RUSSELL - 8 NOES — SMITH- 1 NO 113 BY: MS. RUSSELL BUDGET AND PERSONNEL AMENDMENT 04 — COMPTROLLER 1042 - AUDIT AND CONTROL The Common Council of the City Of Buffalo does ordain as follows: That part of Section 1 of Chapter 35 of the Code of the City of Buffalo, relating to 04 - Comptroller, 1042 -Audit and Control which currently reads: 1 Junior Auditor $28,772 - $32,281 Is hereby amended to read: 1 Junior Accountant $28,772 - $32,281 IT IS HEREBY CERTIFIED, that a personnel requisition incident to the creation of the above - mentioned position, containing a statement of the duties for such position, has been filed with the Municipal Civil Service Commission, and said Commission has approved and certified the position title set forth in the foregoing ordinance as being the appropriate Civil Service title for the proposed position ANDREW A SANFILIPPO, COMPTROLLER AND DONNA J. ESTRICH, DIRECTOR OF BUDGET, ADMINISTRATION AND FINANCE, hereby certify that the above change is necessary for the proper conduct, administration and performance of essential services of that department. We recommend that the compensation for said position be fixed at the respective amount set forth in the foregoing ordinance. PASSED AYES -9 NOES -0 NO 114 BY: MS. RUSSELL SALARY AND WAGE SCHEDULE "A" JULY 1, 2007 - JUNE 30, 2011 The Common Council of the City of Buffalo does ordain as follows: That part of Subdivision (A) of § 35 -9 of Chapter 35 of the Code of the City of Buffalo, relating to Salary and Wage Schedule "A ", Local 650, is hereby amended to read as follows: This ordinance shall take effect as per the respective date on the attached schedule. See attached Schedule "A" We, Byron W. Brown, Mayor and Andrew A. SanFilippo, Comptroller, pursuant of Section 24 -15 of the Charter of the City of Buffalo, hereby certify that contingent upon prior or concurrent action to provide and authorize funding thereof, the interests of the City will be subserved by the increase in compensation provided for the positions set forth in the foregoing ordinance. COPY AVAILABLE IN THE CITY CLERKS OFFICE FOR REVIEW PASSED AYES -9 NOES -0 NO 116 BY: MS. RUSSELL SALARY ORDINANCE AMENDMENT VARIOUS DEPARTMENTS The Common Council of the City of Buffalo does ordain as follows: That Section I of Chapter 35 of the Ordinances of the City of Buffalo, relating to Various Departments under the various subheadings relating to positions listed below is hereby as follows: Note: Old Salaries are in brackets This ordinance shall take effect as per the respective dates on the attached schedules. COPY AVAILABLE IN THE CITY CLERKS OFFICE FOR REVIEW PASSED AYES — DAVIS, FONTANA, FRANCZYK, GOLOMBEK, KEARNS, LOCURTO, RIVERA, RUSSELL - 8 NOES — SMITH - 1 NO 116 BY: MR. SMITH GRANTING PERMISSION TO THE DELAVAN GRIDER BLOCK CLUB COUNCIL INC. TO HANG BANNERS ON LIGHT POLES IN THE DELAVAN GRIDER COMMUNITY Whereas: The Delavan Grider Block Club Council, Inc. is currently seeking funding from the Mayor's Livable Communities Grant; and Whereas: As part of participating in this "Livable Community Grant ", is the sponsorship of a Community beautification project. The Delavan Grider Block Club Council is seeking permission from the Buffalo Common Council to hang banners on light poles in various locations throughout the Delavan Grider Community, as part of their beautification program; and Whereas: The banners would be hanged at the following locations: Pole #1054 - William Gaiter Pkwy at East Delavan Ave Pole #1000 - Norfolk Ave at East Delavan Ave Pole #984 - Northumberland Ave at East Delavan Ave Pole # - 950 - Cornwall Ave at East Delavan Ave Pole #923 - Cambriage Ave at East Delavan Ave Pole #899 - Wyoming Ave at East Delavan Ave Pole #894 - Moselle St at East Delavan Ave Pole #857 - Stevens St. at East Delavan Ave Pole #852 - Humber St. at East Delavan Ave Pole #825 - Schuele St. at East Delavan Ave Pole #791 -Carl St. at East Delavan Ave Pole #784 - Durham Ave at East Delavan Ave Pole #757 - Grider St. at East Delavan Ave, and Deerfield Ave at East Delavan Ave -Where there is no Pole #; and Whereas: The Delavan Grider Block Club Council Inc. is familiar with the banner requirements; Now, Therefore, Be It Resolved That: This Common Council of the City of Buffalo grants permission to the Delavan Grider Block Club Council, Inc. to hang a banners on the above mentioned pole locations as part of their community beautification project; Be It Finally Resolved That: Said banners must meet all the requirements of pertinent city departments and that no existing laws are violated. F- BY: MR. SMITH NO 117 CITY OF BUFFALO LOCAL LAW NO. INTRODUCTORY 4 (2008) A LOCAL LAW amending Chapter 28 of the Charter of the City of Buffalo, Taxation and Assessments, by adding five new sections to provide Cold War Veterans with a real property tax exemption pursuant to §458 -b of the Real Property Tax Law of the State of New York, which was created by Chapter 655 of the Laws of the State of New York for the year 2007. BE IT ENACTED BY THE COMMON COUNCIL OF THE CITY OF BUFFALO AS FOLLOWS: Section 1: That Article 28 of the Charter of the City of Buffalo, Taxation and Assessments, adopted pursuant to law, is hereby amended as follows: § 28 -29.5 Cold War Veterans Exemption: Purpose. The purpose of this Local Law is to allow for a tax exemption for City of Buffalo Cold War Veterans pursuant to 458 -b of the Real Property Tax Law of the State of New York, which was created by Chapter 655 of the Laws of the State of New York for the year 2007. The standards governing the application of the Cold War Veterans Exemption are enumerated in §§28 -29.5 through 28 -29.9 hereof. 28 -29.6. Definitions. Definitions as used in this local law follow: A. "Cold War Veteran" means a person, male or female, who served on active duty for a period of more than three hundred sixty -five days in the United States Armed Forces during the period from September 2, 1945 to December 26, 1991, was discharged or released there from under honorable conditions and has been awarded the Cold War Recognition certificate as authorized under Public Law 1005 -85, the 1998 National Defense Authorization Act. B. "Armed Forces" means the United States Army, Navy, Marine Corps, Air Force and Coast Guard. C. "Active Duty" means full -time duty in the United States Armed Forces, other than active duty for training. D. "Service Connected" means, with respect to disability or death, that such disability was incurred or aggravated, or that the death resulted from a disability incurred or aggravated, in the line of duty on active military, naval or air service. E. "Qualified Owner" means a Cold War Veteran, the spouse of a Cold War Veteran, or the unmarried surviving spouse of a deceased Cold War Veteran. Where property is owned by more than one qualified owner, the exemption to which each is entitled may be combined. Where a veteran is also the unremarried surviving spouse of a veteran, such person may also receive any exemption to which the deceased spouse was entitled. F. "Qualified Residential Real Property" means property owned by a qualified owner which is used exclusively for residential purposes: provided, however, that in the event that any portion of such property is not used exclusively for residential purposes, but is used for other purposes, such portion shall be subject to taxation and only the remaining portion used exclusively for residential purposes shall be subject to the exemption provided by this Local Law. Such property shall be the primary residence of the Cold War Veteran or the unremarried surviving spouse of a Cold War Veteran: unless the Cold War Veteran or unremarried surviving spouse is absent from the property due to medical reasons or institutionalization for up to five years G. "Latest State Equalization Rate" means the latest final equalization rate established by the New York State Board of Real Property Tax Services pursuant to Article Twelve of the Real Property Tax Law. § 28 -29.7 Amount of Exemption. Pursuant to the provisions of Chapter 655 of the 2007 Laws of the State of New York amending the Real Property Tax Law of the State of New York, the maximum veteran's exemption from real property taxes allowable pursuant to 458 -b of the Real Property Tax Law is established as follows: A. Qualifying residential real property shall be exempt from taxation to the extent of 15% of the assessed value of such property: provided, however that such exemption shall not exceed the lesser of $12,000 multiplied by the latest state equalization rate for the City of Buffalo. B. In addition to the exemption provided by subsection (A) of this section, where the Cold War Veteran received a compensation rating from the United States Veterans Affairs or from the United States Department of Defense because of a service connected disability, qualifying residential real property shall be exempt from taxation to the extent of the product of the assessed value of such property, multiplied by 50% of the Cold War Veteran disability rating: provided, however, that such exemption shall not exceed $40,000, or the product of $40,000 multiplied by the latest State equalization rate for the City of Buffalo, whichever is less. 28 -29.8. Limitations. A. If the Cold War Veteran receives an exemption under any other Section of the Real Property Tax Law that provides for a veteran's exemption, the Cold War Veteran shall not be eligible to receive the exemption under this Local Law. B. Where a qualified owner does not own qualifying residential real property on the effective date of this Article, or such other date as may be set forth in Section 458- b(2)(c) of the New York State Real Property Tax Law, such ten (107 year period shall be measured from the assessment roll prepared pursuant to the first taxable status date occurring at least sixty (607 days after the date of purchase of residential real property, such ten (10) year period shall be measured from the first assessment roll in which exemption occurs. If, before the expiration of such ten (10) year period, such exempt property is sold and replaced with other residential real property, such exemption may be granted pursuant to this Section for the unexpired portion of the ten (107 year exemption ep riod. C. Where a qualified owner does not own qualifying residential real property on the effective date of this Article, or such other date as may be set forth in Section 458- b(2)(c) of the New York State Real Property Tax Law, such ten (10) year period shall be measured from the assessment roll prepared pursuant to the first taxable status date occurring at least sixty (60) days after the date of purchase of residential real property, such ten (10) year period shall be measured from the first assessment roll in which exemption occurs. If, before the expiration of such ten (10) year period, such exempt property is sold and replaced with other residential real property, such exemption may be granted pursuant to this Section for the unexpired portion of the ten (10) year exemption period. Application for the exemption shall be made by the qualified owner, or all of the qualified owners of the property on a form prescribed by the New York State Board of Real Property Tax Services. The owner or owners shall file the completed form in the City of Buffalo's Taxation and Assessment Office on or before the first appropriate taxable status date. The owner or owners, of the property shall be required to refile each year. Applicants shall refile on or before the appropriate taxable status date. Any applicant convicted of willfully making any false statements in the application for such exemption shall be subject to the penalties prescribed in the New York State Penal Law. 28 -29.9. Effective Date This Local Law shall take effect upon its filing in the Office of the Secretary of State and shall apply to assessment rolls based on taxable status dates occurring on or after such date. Section 2. Insofar as the provisions of this local law are inconsistent with the provisions of any other local law or act, the provisions of this local law shall be controlling. Section 3. This local law shall take effect as prescribed herein. APPROVED AS TO FORM REFERRED TO THE COMMITTEE ON LEGISALTION AND THE DEPARTMENT OF ASSESSMENT NO 118 BY: MR. SMITH TRAILBLAZING SIGN IN HONOR OF DR. ROBERT E. BAINES Whereas: Trailblazing Signs, otherwise known as honorary street names, are generally assigned to honor and commemorate noteworthy persons associated with the City of Buffalo; and Whereas: The Common Council has received a request for a Trailblazing Sign to honor Dr. Robert E. Baines has been Pastor of Zion Missionary Baptist Church since February 1972; and Whereas: Dr. Robert E. Baines has been an asset in the community counseling and being a Pastor to those in need; and Whereas: Dr. Robert E. Baines dedicated his life to his congregation and the people in this community are helped and encouraged by this exceptional man every day; and Whereas: A Trailblazing Sign is truly appropriate due to Dr. Robert E. Baines' long time ministry at Zion Missionary Baptist Church in which he worked hard, prayed long and listened earnestly to make sure he led with integrity; and Whereas: An honorary sign is desired to commemorate Dr. Robert E. Baines as a noteworthy person in this Masten District neighborhood. Now, Therefore, Be It Resolved: That the Common Council of the City of Buffalo hereby approves the installation of Trailblazing Signs proclaiming the portion of East Ferry Avenue from Jefferson Avenue to Main Street as "Dr. Robert E. Baines Way;" and Be It Further Resolved: That this Common Council requests that the Department of Public Works, Parks and Streets install the Trailblazing Signs on the corner of East Ferry at Jefferson, East Ferry at Waverly, as well as the corner of East Ferry and Main Street; and That this item be referred to the appropriate committee for further action. REFERRED TO THE COMMITTEE ON LEGISLATION, COMMISSIONER OF PUBLIC WORKS NO 119 BY MR. SMITH FELICITATIONS /IN MEMORIAM Attached hereto are Felicitation and In Memoriam Resolutions sponsored by Members of the Common Council as indicated: Felicitation for Ruben Brown By Councilmember Michael P Kearns ADOPTED NO 120 BY: DEMONE A SMITH APPOINTMENTS COMMISSIONERS OF DEEDS REQUIRED FOR THE PROPER PERFORMANCE OF PUBLIC DUTIES That the following persons are hereby appointed as Commissioner of Deeds for The term ending December 31, 2008, conditional upon the persons so appointed certifying under oath to their qualifications and filing same with the City of Buffalo Jeannine L. Halsey Leah C. Mumm Patrick J. Curry Tristan Keelan Noiemi Medrano Marite Bellfield James A. W. McLeod Marylou Bartus Sylvia Collins Jill C. Czekalski Bryan Bollman Larry Chappell Chantel Houston Mary Beth Tempestoso Kenneth A. Potter Tina M. Fullenweider Keith D. Funderburk TOTAL 17 ADOPTED NO 121 BY: DEMONE A SMITH APPOINTMENTS COMMISSIONER OF DEEDS That the following persons are hereby appointed as Commissioner of Deeds for the term ending December 31, 2008, conditional, upon the person so appointed certifying under oath to their qualifications and filing same with the City Clerk: Barbara Nuchereno Laquanda Anderson Christopher Knospe Frank Sacco Andrea Shear Michael Mallia Benjamin Rodwin Norma Rivera Alyssa Wrobel Christina Guenther Kimberly Stribing Elizabeth Bochiechio Caitlin Campbell Alyssa Ersing Gregory Bieryla Dale E. Hudson Aaron Armenoariz Joy L. Becker Timothy Maggio Michael Carney Patricia Benson Susan Volk Sizemore Sergio Rodriguez F. James McGuire Cheryl Forsyth Eric McElwain Kim M. McCarthy Total 27 ADOPTED Special Committees (Public Disclaimer): All meetinas are subiect to chanae 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 123 ADJOURNMENT On a motion by Mr. Fontana, Seconded by Mrs. Russell, the Council adjourned at 3:00 PM GERALD CHWALINSKI CITY CLERK NO 122 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 17, 2008 at 9:45 o'clock A.M. Committee on Finance Tuesday, June 17, 2008 at 10:00 o'clock A.M. following Civil Service Committee on Comm. Dev. Tuesday, June 17, 2008 at 1:00 o'clock A.M. Committee on Legislation Tuesday, June 17, 2008 at 2:00 o'clock A.M. Special Committees (Public Disclaimer): All meetinas are subiect to chanae 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 123 ADJOURNMENT On a motion by Mr. Fontana, Seconded by Mrs. Russell, the Council adjourned at 3:00 PM GERALD CHWALINSKI CITY CLERK