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Home My WebLink About08-0624-0619pp (2)No. 13 PROCEEDINGS OF THE CITY OF BUFFALO June 24, 2008 PENSION PROCEEDINGS 6/19/2008 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 INVOCATION PLEDGE TO FLAG DATE JUNE 24, 2008 MAYOR 1. Proclamation in Honor of Tim Russert R &F 2. Trailblazing Signs on Woodside Ave in Honor of Tim Russert(South) APP 3- 2A. Waive Permit Fees for National Night Out APP MAYOR - EXECUTIVE 4- 3. Bd of Pkg- Initiating a City Hall Ride Share Program CD,CC 5- 4. Bd of Pkg- Parking Rates at BCAR Managed City Ramps APP 6- 5. Strat Plan- Interfund Cash Loan APP 7- 6. Strat Plan- Moratorium on Surface Parking R &F 8- 7. Strat Plan -Perm to Designate Redevelopers -2 & 175 Buffalo River CD 9- 7A. Strat Plan -Perm to Designate Developer -1655 Elmwood APP 10- 7B. Strat Plan -Perm to Designate Developer -395 Amherst APP 11- 8. Strat Plan - Results Neg -239 Leroy(Mas) CD 12- 9. Strat Plan - Results Neg -449 Schiller(Lov) APP 13- 10. Strat Plan - Results Neg -366 West Ferry(Nia) CD COMPTROLLER 14- 10A. Certificate of Necessity- Fringe Benefits HR R &F 15- 10B. Certificate of Necessity- Common Council- Legislative R &F 16- 11. Appt Assistant Auditor (Perm)(Thi rd) (Trautman) CS COUNCIL PRESIDENT 17- 11A. Article- Revive the Broadway Market R &F ASSESSMENT 18- 12. Request Approval of Certificate of Adjusted Base Proportions -2008 Roll APP PUBLIC WORKS 19- 13. Banners Within City ROW(EII, North, Mas) R &F 20- 14. Change in Contract -Fire Headquarters(Ell) APP 21- 15. Change in Contract - Replacement of Site Specific Sidewalks APP 22- 16. Perm to Hire Contractor City Hall APP 23- 17. Appt Engineering Aide (Temp)(Inter)(Ziemba) CS POLICE 24- 18. Drug Asset Forfeiture Wire Transfers R &F 25- 19. Justice Assistance Grant Program Renewal -Year 4 APP FIRE 26- 20. Extension of Inter Mun Agmt With Town of Elma Re Emergency Response- Hazardous Materials APP CORPORATION COUNSEL 27- 21. Claims Committee Meeting Agenda CLAIMS PERMITS AND INSPECTIONS 28- 22. Food Store License 749 Jefferson(Ell) LEG 29- 23. Food Store License 594 Niagara (Ell) LEG 30- 24. Food Store License 731 Walden (Lov) LEG 31- 25. Sidewalk Cafe 1458 Hertel(Del) APP 32- 26. Used Car Dealer 980 Grant St(North) APP ADMINISTRATION AND FINANCE 33- 27. Auction Vehicle for City Use APP W /COND 34- 27A. Increased Approp of $3,120,946 AIM Funds for Demolitions APP CITY CLERK 35- 28. Req to Approve Change Order - Agenda Mngt System APP 36- 29. Mayor Reported Out of State(6 /12, 6/18) R &F 37- 30. Liquor License Applications R &F 38- 31. Notices of Appointments - Council Interns ADOPT 39- 32. Notices of Appointments- Mayors Program R &F 40- 33. Notices of Appointment - Seasonal R &F 41- 33A. Notice of Appointment - Council Interns ADOPT 42- 33 B. Notice of Appointment - Council Interns(Quintana) ADOPT 43- 34. Notices of Appointments- Temp /Prov /Perm CS MISCELLANEOUS 44- 35. B. Davis -W. Goodhue - Apology Letter From Stillwater Grille Concerning Davis Cards R &F 45- 36. W. Goodhue -Req Approval for Stillwater Grille Patio(Ell) R &F 46- 37. EB Green Society- Concerns Stillwater Grille Patio(Ell) R &F 47- 38. R. Stanton -SEAR- Stillwater Grille -483 Delaware(Ell) LEG 48- 39. R. Stanton - Proposed Improvements 481 -483 Delaware(Ell) LEG 49- 40. V. Alessandra- Concerns Lack of Portable Toilets During Allentown Festival R &F 50- 41. J. Booth - Response -City Hall Ride Share Program CD 51- 42. J. Campolong - Monthly Report for the Buffalo Board FIN 52- 43. B. Davis -A. Randaccio -NFTA Encroachment Request for Ellicott St LEG,PW 53- 44. S. Doleski - NYSDEC -SEAR- Bflo Riverfest Park 215 Ohio S(Fill) CD 54- 45. D. Franczyk -T. Herrera - Mishler -Req Meeting to Discuss Olmstead Parks Plan for the 21 sc Century CD 55- 46. C. Galasso -E. Bockstahler- Purchase of 366 W. Ferry(Nia) CD 56- 47. H. Garrett -West Side Community Callaborative -Re Demo of White Bros, Livery & Boarding Stable CD 57- 48. A. Glynn -Draft 2008 NYS Rail Plan R &F 58- 48A. M. Kearns - Status of "Water Ratepayer Bill of Rights" FIN 59- 49. M. LoCurto- Verizon Fios TV Franchises in the COB LEG 60- 49A. J. Pajak -2 Request for BURA' Travel Approp. FIN 61- 50. M. Sawicz - Purchase of 366 W. Ferry(Nia) CD 62- 51. Phillips Lytle -Mercy Hospital Helipad -565 Abbott Rd(South) LEG 63- 52. S. Radford - Issues of Police Brutality LEG,CIT RTS 64- 52A R. Tobe- Resignation From Position of Commissioner of EDPI R &F 65- 53. B. Yuhnke -Fuel Crisis Hits the Taxicab Industry Hard LEG,PW PETITIONS 66- 54. T. Brown, Use 765 Elmwood, Expand Existing Sit -In- Restaurant(hrg 7 /1)(Del) LEG,CPBD 67- 55. R. Shark & O- Support Changing Midland St to One- Way(Lov) LEG,PW 68- 56. J. Woyshner & O- Security Camera Petition From Cottage St Block Club LEG,POL 69- 57. J. Booth & O- Complaints Rooming House -83 Prospect Ave(Ell) LEG,EDPI 70- 57A Grant Ferry Association -G. Kinsley & O -Lot at 366 W. Ferry(Nia) LEG RESOLUTIONS 118- 58. Davis Appointment Sr Leg Asst (German)(EII) ADOPT 119- 59. Fontana Waive Disposal Fees - Habitat for Humanity South Ogden Transfer Station APP 120- 60. FranczykAppointment Leg Asst - Central Staff(Privateer) ADOPT 121- 61. Franczyk Environmental Protection Fund for Heritage Areas ADOPT 122- 61 A. Franczyk Excuse CM Smith from Council Meeting on June 24, 2008 ADOPT 123- 62. Franczyk Franchise Violation by Time Warner LEG,TELE,CC 124- 63. Franczyk Strengthen Broadway Market ADOPT 1 ST,2 "D & 3 RD RES REM TO FIN 125- 63A Franczyk Appointment to Citizens Planning Council (Azzarella) LEG,COL 126- 63B Franczyk Excuse Councilmember Russell From Council Meeting ADOPT 127- 64. Golombek Disch Leg -ccp# 38, 5/27/2008 ADOPT DISCH APPW /COND 128- 65. Kearns Est Spec Committee to Address Local Public Trans Issues ADOPT 129- 65A. Kearns A New Way Providing Non - Financial Asst to Comm Based Org ADOPT 1 ST RES,REM TO FIN 130- 65B. Kearns, etc Designate 275 Washington St as 1 James D. Griffin Plaza (pubhrg 7/15) LEG 131- 65C. Kearns,etc Name Outdoor Party Plaza at Downtown Baseball Stadium - Jimmy Griffin Plaza LEG 132- 65D. Kearns Transfer of Funds - Fringe Benefits HR APP 133- 65E. Kearns Transfer of Funds - Common Council- Legislative APP 134- 66. LoCurto,etc Combating Lead Poisoning in the COB ADOPT 1 ST 2 "D & 3 RD RES REM TO CD 135- 67. LoCurto, etc 2008 Greater Bflo Italian Heritage and Food Festival APP 136- 68. Rivera Appt Asst Leg Aide II(Laubenstein) ADOPT 137- 69. Rivera, etc Create a Community Garden Task Force ADOPT 1 ST 2 "D & 3 RD RES REM TO CD 138- 70. Rivera Support St Leg to Amend Ed Law -NYS Schools ADOPT 139- 71. Russell Budget & Personnel Amendment -A &F APP 140- 72. Smith Trailblazing Signs /Street Designation LEG, PW,CC 141- 73. Smith Felicitations in Memorium ADOPT 142- 74. Smith Comm of Deeds Public Duties ADOPT 143- 75. Smith Comm of Deeds ADOPT SUBMISSION LIST OF COMMITTEE ITEMS FOR THE COUNCIL MEETINGS CIVIL SERVICE 71- 1. Com 10 June 10 Appt Principal Accountant (Temp)(Max)(Barrett)(Compt) APP 72- 2. Com 21 June 10 Appt Laborer II (perm)(Max)(Filer)(PW) APP 73- 3. Com 34 June 10 Notices of Appointments- Temp /Prov /Perm(Cty Clk) R &F FINANCE 74- 4. Com 14 June 10 Contract Amend -Btwn Allied Waste Sery & COB(PW) APP 75- 5. Com 20 June 10 Response -B. Davis -BFNC Letter Reg Capital Imp Masten Playground(PW) R &F 76- 6. No 40 June 10 J. Hornung- Response -BFNC Letter Reg Capital Imp /Masten Playground 81- 77- R &F 7. Com 18 May 27 Audit of Mayors Impact Team(Compt) R &F 78- 8. Com 33 May 27 Reg Acceptance to Expand NYS Homeland Security Grant(Fire) APP 79- 9. No 51 May 27 B. Davis -BFNC Letter Requesting Capital Imp/ 13. No 35 June 10 RECOMMIT LEGISLATION 88- 18. No 52 June 10 89- 19. No 53 June 10 90- 20. No 54 June 10 91- 21. No 55 92- 22. No 43 93- 23. No 44 94- 24. No 50 95- 25. Res 104 96- 26. Res 117 97- 27. No 97 W /COND 98- 28. No 69 99- 29. No 57 100 -30. No 58 101 -31. No 50 102 -32. No 88 103 -33. No 62 104 -4. No 53 105 -35. No 68 106 -36. No 60 107 -37. No 70 108 -38. Com 1 109 -39. Com 14 110 -40. No 52 111 -41. Com 35 112 -42. Com 33 113 -43. Com 45 114 -44. No 114 115 -45. Com 36 116 -46. No 78 117 -47. No 94 June 10 June 10 June 10 June 10 June 10 June 10 June 10 P. Cavaretta, Agent, Restricted Use, Convert Existing Store to Take -Out Restaurant (pub hrg 6 /17)(North) RECOMMIT B. Melber, Agent, Use Rest /Nightclub to Add a New Rest Patio May 27 80- 10. No 86 May 13 Results Real Estate Auction Sept 22, 2007(Strat Plan)(Exc 31 Koons) P. Lytle -Req to Rezone Queen City Landing - Patio to the Front of Existing Bar /Rest (no pub hrg)(EII) APP (# 14,1/22)(# 57, 2/5) APP 273 BRINKMAN, REM RECOMMIT RECOMMIT 81- 11. Com 11 Mar 18 Approval of Contract for A New Telephone System(MIS) R &F 82- 12. Com 12 Mar 18 Approval of Contract for the Provision and Installation APP LL Intro #4 -Amend Article 28 in Relation to Asmt APP of Video /Sure Equip(MIS) R &F COMMUNITY DEVELOPMENT May 13 83- 13. No 35 June 10 E. Bockstahler- Interest in Purchasing 366 W Ferry (Niag) R &F 84- 14. Com 8 May 13 Results of Neg 28 Perkins (Nia)(Strat Plan) APP 85- 15. No 63 Mar 18 Results of Neg -392 Genesee (EII)(Strat Plan)( #20,3/4) APP 86- 16. No 59 Apr 1 B. Russell -Req Meeting With COB and Univ Heights CC Reg V. Federiconi, Agent, Use 743 Hertel, AKA 699 Hertel for HSF R &F Apr 1 Crime Prev R &F 87- 17. No 81 Apr 29 Results Neg 441 East Ferry (Mas)(Strat Plan)( #7, 4/15) Apr 1 RECOMMIT LEGISLATION 88- 18. No 52 June 10 89- 19. No 53 June 10 90- 20. No 54 June 10 91- 21. No 55 92- 22. No 43 93- 23. No 44 94- 24. No 50 95- 25. Res 104 96- 26. Res 117 97- 27. No 97 W /COND 98- 28. No 69 99- 29. No 57 100 -30. No 58 101 -31. No 50 102 -32. No 88 103 -33. No 62 104 -4. No 53 105 -35. No 68 106 -36. No 60 107 -37. No 70 108 -38. Com 1 109 -39. Com 14 110 -40. No 52 111 -41. Com 35 112 -42. Com 33 113 -43. Com 45 114 -44. No 114 115 -45. Com 36 116 -46. No 78 117 -47. No 94 June 10 June 10 June 10 June 10 June 10 June 10 June 10 P. Cavaretta, Agent, Restricted Use, Convert Existing Store to Take -Out Restaurant (pub hrg 6 /17)(North) APP B. Melber, Agent, Use Rest /Nightclub to Add a New Rest Patio May 27 483 Delaware (pub hrg 6/17)(EII) RECOMMIT D. Connors, Owner, Use 234 Delaware AKA 117 Chippewa W, Sidewalk P. Lytle -Req to Rezone Queen City Landing - Patio to the Front of Existing Bar /Rest (no pub hrg)(EII) APP W /COND APP R. Platt, Agent, Use 51 Mohawk East for an Outdoor Patio(no hrg)(EII) RECOMMIT B. Louis - Support Proposed Work at 72 -76 Pearl St R &F Gov D. Paterson -The NYS Returnable Container Act R &F D. Smith - Request J. Cooper III be Appointed to Bflo Arts Comm R &F Ord Amed -Ch 437 - Taxicabs, Liv & Sightseeing Buses APP LL Intro #4 -Amend Article 28 in Relation to Asmt APP Restaurant Dance Class III -228 Franklln(Ell)(EDPI)( #37,4/29) APP May 27 P. Lytle, Agent, Rezone 975 & 1005 Fuhrmann Blvd (hrg 6 /17)(South) APP May 27 P. Lytle -Req to Rezone Queen City Landing -975 & 1005 Fuhrmann Blvd APP May 27 P. Lytle -Req to Rezone Queen City Landing - 975 & 1005 Fuhrmann Blvd Plans APP May 27 B. Davis - Allentown Assoc Letter Re: Stillwater Patio Request R &F May 27 J. McCarthy, Agent, Use 483 Delaware, Sidewalk Cafe & Patio in Rear Yard (EII)(hrg 5/20)( #70,5/13) R &F May 27 A. Randaccio -NFTA Req Encroachment Perm -City ROW on N Div - Btwn Oak & Ell R &F May 13 M. Henderson -UB Police Dept Input -Res# 113, 4/29/2008 R &F May 13 R. Stanton -Req to Develop R -3 Land in Downtown Sector of HOZO Surface Pkg R &F Apr 29 K. Lewandowski - NYSDEC - Brownfield Cleanup Prog Appl. - Buffalo Color Corp R &F Apr 15 V. Federiconi, Agent, Use 743 Hertel, AKA 699 Hertel for HSF R &F Apr 1 Resp - Camporee 2008 Waiver of Curfew in Delaware Park(Mayor) R &F Apr 1 Camporee 2008 Waiver of Curfew in Delaware Park (PW) R &F Apr 1 J.Hornung Sr, C.Colins- Support Camporee 08 Waiver of Curfew in Del Pk_R &F May 13 Food Store License -3221 Bailey (Univ)(EDPI) APP Apr 15 Food Store License -1531 E. Delavan(Lov)(EDPI) RECOMMIT Mar 4 Food Store License -88 Lisbon(Univ)(EDPI) APP Dec 11 Food Store License -1445 E. Delavan (Lov)( #36,5/15)( #94,5/29)( #96,6/12)( #95,7/10)( #108,10/16) RECOMMIT May 13 Food Store License -882 Northland (Masten)(EDPI) RECOMMIT Sept 4 D.Bonifacio- Stonewall Democrats of WNY believe COB Should institute A Domestic Partner Program R &F Sept 4 M. Kearns - Complaint Weyand Avenue R &F CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO TUESDAY, JUNE 24, 2008 AT 2:00 P.M. Present - David A. Franczyk, President of the Council, and Councilmembers: Davis Fontana, Golombek, Kearns, LoCurto & Rivera, - 7 Absent - Russell & Smith - 2 On a motion by Mr. Fontana, Seconded by Mr.Golombek , the minutes of the stated meeting held on June 10, 2008 were approved. FROM THE MAYOR NO. 1 PROCLAMATION IN HONOR OF TIM RUSSERT Attached please find a Proclamation presented to the Russert family in honor and memory of Tim Russert. I request that it be filed as part of the official Common Council Record of Proceedings. RECEIVED AND FILED FROM THE MAYOR - EXECUTIVE DEPARTMENT NO. 2 TRAILBLAZING SIGNS ON WOODSIDE AVENUE IN HONOR OF TIM RUSSERT Sadly and unexpectedly, Tim Russert passed away on Friday, June 13, 2008 while at work in his office in NBC News' Washington bureau. In fifty -eight years, Tim Russert achieved many well documented accomplishments, but none greater than his love of his family and his continuing love affair with the City of Buffalo, its residents and the city's great sports teams, especially the Buffalo Bills. Tim Russert was a true "favorite son" of Buffalo, New York, and he regularly reminded his family, friends and millions of his viewers on NBC's "Meet the Press" of just how much he cherished the memories of his upbringing in his beloved hometown. Born in South Buffalo's Mercy Hospital, the son of a Buffalo Streets Department Foreman, Timothy J. Russert Sr., known by all as "Big Russ," Tim Russert was taught at an early age the value of hard work, discipline and dedication. Those values continued to serve him as Washington D.C.'s "best and most influential journalist," according too Washingtonian magazine. The recipient of many awards and honors, Tim Russert received over 40 honorary doctorate degrees from American colleges and universities, won the Radio and Television Correspondents' Association's highest honor, the Joan S. Barone Award for excellence in Journalism, the USC Annenberg Center's Walter Cronkite Award, was named by Irish America magazine as one of the top Irish Americans in the country and, this year, Time Magazine named him one of 100 most influential people in the world. I believe it is fitting that the City of Buffalo honor the memory and legacy of one of the City's greatest ambassadors and favorite sons. Therefore I respectfully request that Your Honorable Body authorize the placement of trailblazing signs on Woodside Avenue in honor of Tim Russert, near the very home where he grew up in the City of Buffalo. Tim Russert will always be among the City of Buffalo's greatest citizens and his memory shall be honored in perpetuity. Mr. Fontana moved: That the above communication from the Mayor dated June 19, 2008, be received and filed; and That the Commissioner of Public Works, Parks & Streets be, and he hereby is authorized to install trailblazing signs beneath the existing street signs on Woodside Avenue proclaiming that portion as "Tim Russert Way." PASSED AYES -7 NOES -0 FROM: THE MAYOR EXECUTIVE DEPARTMENT NO. 3 WAIVE PERMIT FEES FOR NATIONAL NIGHT OUT I am writing to request that Your Honorable Body authorize the waiver of permit fees for block club street closings for the 25 Annual National Night Out, which will be held on August 5, 2008. This nationwide event, sponsored by the National Association of Town Watch provides a unique opportunity for citizens, law - enforcement agencies, businesses, block clubs, and neighborhood associations to participate in a collaborative effort to heighten crime and drug prevention, generate support for anticrime programs, strengthen neighborhood awareness, and build community and police partnerships. I urge Your Honorable Body to approve this request at your earliest opportunity to allow all necessary preparations to occur. Mr. Fontana moved: That the above communication from the Mayor dated June 20, 2008, be received and filed; and That the Common Council waives the permit fees for block club street closings for the 25 Annual National Night Out on August 5, 2008. PASSED AYES -7 NOES -0 FROM THE BOARD OF PARKING NO.4 INITIATING A CITY- HALL RIDE -SHARE PROGRAM TO ENCOURAGE EMPLOYEES TO CARPOOL ITEM NO. 110, C.C.P. JUNE 10, 2008 Dear Honorable Counciimembers: In order to respond to this item by the time designated by your Honorable Body, I have not had the opportunity to present the Common Council resolution at a meeting of the Parking Board. However, in general terms, the Board does not have a problem with encouraging car pooling. The Turner Ramp across the street from City Hall operates at 105% capacity on a daily basis. The Parking Board reviews monthly evaluations of ramp usage at each of its regular meetings, and statistics illustrate that the tremendous increase in fuel costs over the last year have had minimal effect on ramp usage. There has been less than a 1 % fluctuation - both up and down - over the last several months. Car pooling may help to alleviate to some degree the issue of over capacity usage at the Turner Ramp. Although the resolution does not speak to the issue of who specifically would be responsible for providing the incentives, bear in mind that the Board of Parking does not unilaterally control parking at ramps and lots, and therefore, could not take any action on its own to offer any kind of an incentive. There are management agreements with private entities that would be subject to renegotiation and city approval. Additionally, this matter should be referred to the Law Department for its opinion on whether cash or prize incentives to the general public from the City or a Public Trust Agency would be considered a "Gift of Public Funds" If deemed so, cash incentives would not be appropriate. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT AND THE CORPORATION COUNSEL NO. 5 PARKING RATES AT BCAR MANAGED CITY RAMPS Attached hereto please find the proposed 2008 Parking Rates for City -owned Parking facilities managed by Buffalo Civic Auto Ramps, Inc. The only changes from the 2007 -2008 rates approved by the Council are in the Reserved Rates highlighted on the July 1, 2008 Rate Schedule attached hereto. The 2007 -2008 Rates approved by the Council for the current fiscal year is attached hereto for comparison. The Board of Parking requests that your Honorable Body approve the Proposed Rate Schedule for the 2008 -2009 Fiscal Year as detailed in the attached chart. Thank you for your prompt attention to this matter. Mr. Fontana moved: That the above communication from the Board of Parking dated June 19, 2008, be received and filed; and That the Common Council approves the Proposed Rate Schedule for the 2008 -2009 Fiscal Year as detailed in the attached chart entitled "Buffalo Civic Auto Ramps, Inc. Parking Rates Schedule, effective July 1, 2008." PASSED AYES -7 NOES -0 FROM THE OFFICE OF STRATEGIC PLANNING NO. 6 INTERFUND CASH LOAN (ITEM NO. 131, C.C.P. 06/21/04) Certain Federal and State aided programs require a cash advance until the program is operating and reimbursement is received. I have reviewed the program listed below and determined the cash needs to be warranted. I have approved an interfund cash loan to be made in the maximum amount of $100,000 as needed subject to your approval. Loan is payable at date of reimbursement. From: 1000 General Fund To: 2465- South Buffalo Brownfield Opportunity Area Grant Agency New York State Department of State Grant Amount: $600,000 Loan Amount: $100,000 Estimated Date of Repayment: September 30, 2009 Mr. Fontana moved: That the above communication from the Comptroller dated June 9, 2008, be received and filed; and That the Comptroller be, and he hereby is authorized to make an interfund cash loan from the General Fund to the City's Capital Projects Fund in the amount of $100,000 for South Buffalo Brownfield Opportunity Area. The loan is payable at date of reimbursement. PASSED AYES -7 NOES -0 NO. 7 MEMORANDUM MORATORIUM ON SURFACE PARKING: ITEM # 101 Please allow me to offer the following comments regarding the aforementioned resolution: 1. Your request for a parking plan may be duplicative; it is my understanding that the Parking Board is presently conducting such a study ( "Desmond Report "). Possibly your request should directed there. If this is not the case, the Department will attempt to fill your request. 2. It is my understanding that 11 his not the original resolution and the original item allowed surface parking witl ancillary use. If this is not in the other resolution, such language should be added to this item. RECEIVED AND FILED NO. 8 PERMISSION TO DESIGNATE REDEVELOPERS 2 BUFFALO RIVER - RIVERWRIGHT GRAIN MANAGEMENT PARTNERS, LLC Due to multiple interests in developing 2 and 175 Buffalo River, a Request for Proposal (RFP) package was issued by the City on April 10, 2007. The property at 2 Buffalo River, known as the former Cargill Superior Grain Elevator, consists of approximately 3.5 acres along the Buffalo River and is bounded by the Buffalo River to the North, and railroad property to the east, west and south. The property at 175 Buffalo River, known as the former Concrete Central Grain Elevator, consists of approximately 3 acres along the Buffalo River and is bounded by the Buffalo River on the north, south and west and railroad property to the east. The City acquired both properties through tax foreclosure. The RFP was advertised in the Buffalo News classified section and posted on the City web -site. A notice of availability of the RFP was mailed to over 200 developers and Community Based Organizations. Proposals were due on June 8, 2007. The City received proposals for each grain elevator. KL Process Design Group and Grain Service Corporation both submitted a proposal for each elevator. KL Process submitted their proposal in partnership with RiverWright and has decided to exit from this venture and allow RiverWright Grain Management Partners, LLC to pursue it independently. RiverWright Grain Management Partners, LLC is a NYS specialty limited liability company formed to renovate, manage, and operate the Buffalo River Grain Elevators. Its' members include RiverWright, LLC, the ethanol project development company, Greg Stevens, Rick Smith and additional partners and investors. RiverWright is proposing to use the elevators to store grain for sale to the RiverWdght Ethanol Plant or other regional biofuel producers. Grain Service Corporation is a commodity research, consulting, and trading company. The company annually transacts over $3 billion of grain and energy derivatives a year for clients ranging from multinational corporations to commercial commodity consumers, producers and merchants. GSC is proposing to store grain for local users and large multinationals where it has long -term relationships and contracts already in place. Grain Service also plans on merchandising grain for its customers for a fee and for itself as principle owner and reseller of grain and other agd- related bulk commodities. Plans also include loading dried distiller grains to containers in Buffalo for export. A committee was established to review the proposals and make a recommendation to the Executive Director of the Office of Strategic Planning. Each member of the committee was asked to assign points to the proposals based upon the following: 1. Quality of Plan; 2. Accomplishment of other project and neighborhood revitalization objectives; 3. Capacity to implement the development plan and 4. Financial considerations. The committee met on June 25, 2007 to discuss the proposals and agreed that it was necessary to interview both respondents. Both KL Design and Grain Service Corp. were interviewed by the committee on July 10, 2007. The overall consensus of the committee based on the RFP Response Score Sheet and interviews is that it would be in the City's best interest to designate KL Design Group as the developer of 2 Buffalo River and Grain Service Corporation as the developer of 175 Buffalo River. Both companies appear to have sufficient financial capital and expertise to redevelop and re -use the properties. RiverWright has made a commitment to the City with their proposed plans for the Ethanol Plant Project. Grain Service Corp. presents a unique business and economic development opportunity for the City and region. Grain Service is proposing to re- establish Buffalo and Western New York as a significant storage and shipment point in the grain commodity flows in North America. If successful, they may actually provide a benefit to the RiverWright project as well as regional agricultural business sectors. I therefore respectfully request that Your Honorable Body authorize the following 1 .) designate RiverWright Grain Management Partners, LLC as the Redeveloper of 2 Buffalo River and 2.) designate Grain Service Corporation as the Redeveloper of 175 Buffalo River and or corporation, partnership, or other legal entity to be formed. Both developers will be designated for a period of six months, subject to the following conditions: Submission by each Redeveloper of a detailed site plan of the project for approval by the City of Buffalo Planning Board (if necessary) and construction plans, including landscaping, for approval by the City. b. Submission of a colored rendering of the property suitable for presentation to the City Common Council which shall be submitted prior to the Common Council approval of LDA. c. Submission by the Redeveloper of evidence of equity capital and mortgage financing necessary for the completion of the project which shall be submitted prior to closing. d. Payment of a designation fee of Five Hundred Dollars ($500.00) per month by Redeveloper to the City, payable within five (5) days from the date of designation and due thereafter the first day of every month. In the event Redeveloper shall exercise its option to acquire said property pursuant to the Land Disposition Agreement (LDA) to be negotiated by Redeveloper and the City, said option fee shall be applied as a credit towards the purchase price. In the event Redeveloper shall not proceed with the redevelopment of the property within the designation period, Redeveloper shall forfeit all monies paid on account and the City shall retain all such monies. e. Redeveloper is responsible for performing any soil borings and soil investigations, as per a license agreement to be granted by the City, for the purpose of determining, to developer's satisfaction, the suitability of the site for its intended use, and the presence or absence of hazardous substances as such term is used in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended (C.E.R.C.L.A) 42 USC ss 9601 et seq.: The Hazardous Materials Transportation Act, as amended, f. 49 USC ss 1801 et seq.: The Resource Conservation and Recovery Act, as amended, 42 USC ss 6901 et seq.: Articles 15 and 27 of the New York State Environmental Conservation Law or any other federal, state, or local law, regulation, rule, ordinance, by -law, policy guidance, procedure, interpretation, decision; order, or directive, whether existing as of the date hereof, previously enforced or subsequently enacted. g. The successful negotiation of a Land Disposition Agreement for approval by the Common Council by no later than six months from the date the Common Council approves the designation. h. Upon signing of LDA, payment by the Redeveloper to the City of a non- refundable deposit, in the amount of ten percent (10 %) of the agreed to selling price. i. Individuals and or corporations having outstanding taxes, water bills, parking tickets, user fee and /or demolition liens or any other liens owned to the City of Buffalo, or if code violations exist on any property owned by them they are ineligible for designation. The City of Buffalo may terminate this designation should the Redeveloper fail to meet any of the deadlines set forth above. Should the City elect to terminate this designation on or before the end of the designation period for failure to meet a timely deadline, the City will first allow the Redeveloper two (2) weeks to cure by written notice. This designation will expire six (6) months from the date the Common Council approves the designation. I am requesting that your Honorable Body approve the designation of RiverWright Grain Management Partners, LLC as the Redeveloper of 2 Buffalo River and Grain Service Corporation as the Redeveloper of 175 Buffalo River upon the above terms and conditions; authorize the Executive Director of the Office of Strategic Planning to prepare the necessary agreements for the redevelopment of both 2 and 175 Buffalo River; and forward to the Common Council for final approval of agreements for the transfer of title. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 9 PERMISSION TO DESIGNATE DEVELOPER- 1666 ELMWOOD LOUIS AND MARIE HAREMSKI The Office of Strategic Planning has received many requests from individuals interested in acquiring and developing several capital assets owned by the City of Buffalo. The Office of Strategic Planning, Division of Real Estate, issued a Request for Proposal Package (RFP) for eleven (11) City capital asset properties. The RFP was advertised in the Buffalo News classified section and was posted on the City web -site. A notice of the availability of the RFP was mailed to over 200 developers and Community Based Organizations. The City received four (4) proposals for the City -owned property known as 1655 Elmwood Avenue. The former firehouse at 1655 Elmwood is a 4,438 sq.ft., two story brick building situated on a 7,400 sq.ft site. The appraised value of the property is $87,000.00. A committee was formed to review the proposals and make a recommendation to the Executive Director of the Office of Strategic Planning. Proposals were reviewed based on the quality of the plan accomplishment of other projects and neighborhood revitalization objectives, capability to implement the development plan and financial considerations. The proposal submitted by Louis and Marie Radwan Haremski had the highest score rated by each committee member based on the proposed use, financing, and the $146,500.00 purchase offer which is $59,500.00 over the appraised value. The Haremski's are proposing to convert the building into a mixed -use development that would include a custom woodworking studio for Looselumber, a showroom and lumber shop currently located on Great Arrow. The second floor would be used as an owner - occupied loft apartment. Total project costs are estimated at $476,814.00. 1 therefore respectfully request that Your Honorable Body designate Louis and Marie Radwan Haramski and or corporation, partnership, or other legal entity to be formed as Redeveloper of the subject property for a period of six months subject to the following conditions: a. Submission by the Redeveloper of a detailed site plan of 1655 Elmwood for approval by the City of Buffalo Planning Board (if necessary) and construction plans, including landscaping, for approval by the City. b. Submission of a colored rendering of the property suitable for presentation to the City Common Council which shall be submitted prior to the Common Council approval of LDA. c. Submission by the Redeveloper of evidence of equity capital and mortgage financing necessary for the completion of the project which shall be submitted prior to closing. d. Payment of a designation fee of One Thousand Dollars ($1,000.00) per month by Redeveloper to the City, payable within five (5) days from the date of designation and due thereafter the first day of every month In the event Redeveloper shall exercise its option to acquire said property pursuant to the Land Disposition Agreement (LDA) to be negotiated by Redeveloper and the City, said option fee shall be applied as a credit towards the purchase price. In the event Redeveloper shall not proceed with the redevelopment of the property within the designation period, Redeveloper shall forfeit all monies paid on account and the City shall retain all such monies. e. Redeveloper is responsible for performing any soil borings and so investigations, as per a license agreement to be granted by the City, for the purpose of determining, to developer's satisfaction, the suitability of the site for its intended use, and the presence or absence of hazardous substances as such term is used in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended (C.E.R.C.L.A) 42 USC ss 9601 et seq.: The Hazardous Materials Transportation Act, as amended, 49 USC ss 1801 et seq.: The Resource Conservation and Recovery Act, as amended, 42 USC ss 6901 et seq.: Articles 15 and 27 of the New York State Environmental Conservation Law or any other federal, state, or local law, regulation, rule ordinance, by -law policy guidance, procedure, interpretation, decision, order, or directive, whether existing as of the date hereof, previously enforced or subsequently enacted. f. The successful negotiation of a Land Disposition Agreement for approval by the Common Council by no later than six months from the date the Common Council approves the designation. g. Upon signing of LDA, payment by the Redeveloper to the City of a non- refundable deposit, in the amount of ten percent (10 %) of the agreed to selling rice. h. individuals and or corporations having outstanding taxes, water bills parking tickets, user fee end /or demolition liens or any other liens owned to the City of Buffalo, or if code violations exist on any property owned by them they are ineligible for designation. The City of Buffalo may terminate this designation should the Redeveloper fail to meet any of the deadlines set forth above. Should the City elect to terminate this designation on or before the end of the designation period for failure to meet a timely deadline, the City will first allow the Redeveloper two (2) weeks to cure by written notice. This designation will expire six (6) months from the date the Common Council approves the designation. I am requesting that your Honorable Body approve the designation of Louis and Marie Radwan Haremskl as the Redeveloper of 1655 Elmwood upon the above terms and conditions; authorize the Executive Director of the Office of Strategic Planning to prepare the necessary agreements for the redevelopment of 1655 Elmwood; and forward to the Common Council for final approval of agreements for the transfer of title. Mr. Fontana moved That Kouis and Marie Radwan Haremski are designated as the Redeveloper of1655 Elmwood Avenue upon the terms and conditions contained in the above item PASSED AYES -7 NOES -0 NO. 10 PERMISSION TO DESIGNATE DEVELOPER- 395 AMHERST BULLET DIGITAL The Office of Strategic Planning has received many requests from individuals interested in acquiring and developing several capital assets owned by the City of Buffalo. The Office of Strategic Planning, Division of Real Estate, issued a Request for Proposal Package (RFP) for eleven (11) City capital asset properties. The RFP was advertised in the Buffalo News classified section and was posted on the City web -site. A notice of the availability of the RFP was mailed to over 200 developers and Community Based Organizations. The City received two (2) proposals for the City -owned property known as 395 Amherst Street. The former firehouse at 395 Amherst is a 6,379 sq.ft., two -story brick building situated on a 5,700 sq.ft site. The appraised value of the property is $100,00.00. A committee was formed to review the proposals and make a recommendation to the Executive Director of the Office of Strategic Planning. Proposals were reviewed based on the quality of the plan, accomplishment of other projects and neighborhood revitalization objectives, capability to implement the development plan and financial considerations. The proposal submitted by Bullet Digital had the highest score rated by each. committee member based on the proposed use, financing, and the $150 000 00 purchase otter which is $50,000.00 over the appraised value. Bullet Digital, a television production facility in Toronto with multiple edit suites, broadcast commerce rentals, web design and hosting, publishing, and event management, is looking to sat up a Western New York presence in 395 Amherst Street. Total project costs are estimated at $178,500.00 Therefore respectfully request that Your Honorable Body designate Bullet Digital and or corporation, partnership, or other legal entity to be formed as Redeveloper of the subject property for a period of six months subject to the following conditions: a. Submission by the Redeveloper of a detailed site plan of 395 Amherst for approval by the City of Buffalo Planning Board (if necessary) and construction plans„ including landscaping, for approval by the City.. b. Submission of a colored rendering of the property suitable for presentation to the City. Common Council which shall be submitted prior to the Common Council approval of LDA. c. Submission by the Redeveloper of evidence of equity capital and mortgage financing necessary for the completion of the project which shall be submitted prior to closing. d. Payment of a designation fee of One Thousand Dollars ($1,000.00) per month by Redeveloper to the City, payable within five (5) days from the date of designation and due thereafter the first day of every month. In the event Redeveloper shall exercise its option to acquire said property pursuant to the Land Disposition Agreement (LDA) to be negotiated by Redeveloper and the City, said option fee shall be applied as a credit towards the purchase price. In the event Redeveloper shall not proceed with the redevelopment of the. property within the designation period, Redeveloper shall forfeit all monies paid on account and the City shall retain all such monies. e. Redeveloper is responsible for performing any soil borings and soil investigations, as per a license agreement to be granted by the City, for the purpose of determining, to developer's satisfaction, the suitability of the site for Its intended use, and the presence or absence of hazardous substances as such term is used in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended (C.E.R.C.L.A) 42 USC ss .96.01 et seq.: The Hazardous Materials Transportation Act, as amended, 49 US. ss 1801 et saq.: The Resource Conservation and Recovery Act as amended, 42 USG ss 6901 et at seq.: Articles 15 and 27 of the New York State Environmental Conservation Law or any other federal, state, or local law, regulation, rule, ordinance, by -law, policy guidance, procedure, interpretation decision, order, or directive, whether existing as of the date hereof, previously enforced or subsequently enacted. f. The successful negotiation of a Land Disposition Agreement for approval by the Common Council by no later than six months from the date the Common Council approves the designation. g. Upon signing of LDA, payment by the Redeveloper to the City of a non- refundable deposit, in the amount of ten percent (10 %) of the agreed to selling rice. h. individuals and or corporations having outstanding taxes, water bills, parking tickets, user fee and /or demolition liens or any other liens owned to the City of Buffalo, or if code violations exist on any property owned by them they are ineligible for designation. The City of Buffalo may terminate this designation should the Redeveloper fail to meet any of the deadlines set forth above. Should the City elect to terminate this designation on or before the end of the designation period for failure to meet a timely deadline, the City will first allow the Redeveloper two (2) weeks to cure by written notice. This designation will expire six (6) months from the date the Common Council approves the designation. I am requesting that your Honorable Body approve the designation of Bullet Digital as the Redeveloper of 395 Amherst Street upon the above terms and conditions; authorize the Executive Director of the Office of Strategic Planning to prepare the necessary agreements for the redevelopment of 395 Amherst; and forward to the Common Council for final approval of agreements for the transfer of title. Mr. Fontana moved That Bullet Digital is designated as the Redeveloper of 395 Amherst Street upon the terms and conditions contained in the above communication PASSED AYES -7 NOES -0 NO. 11 RESULTS OF NEGOTIATIONS 239 LEROY, 603.60 E FILLMORE VACANT LOT- 36'X 262' ASSESSED VALUATION: $3,700 The Office of Strategic Planning, Division of Real Estate has received a request from Willie Washington, 231 Leroy Avenue, Buffalo, New York 14214, to purchase a City owned vacant lot at 239 Leroy Avenue. Mr. Washington intends to use this vacant lot as extra yard space. The Division of Permit and Inspection Services and the Division of Collections have been contacted and there are no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. The Division of Real Estate has investigated the sale of similar lots in the subject area. Sales range from Forty -Seven Cents ($.47) to Sixty -Seven Cents ($.67) per square foot. The results of our negotiations are that Mr. Washington has agreed and is prepared to pay Two Thousand Three Hundred Dollars ($2,300), the equivalent of Sixty -Seven Cents($.67) per square foot for the subject property. Mr. Washington has also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 239 Leroy Avenue in the amount of TwoThousand Three Hundred Dollars ($2,300). I 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. Director of Administration & Finance OFFICE OE STRATEGIC PLANNING REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 12 RESULTS OF NEGOTIATIONS 449 SCHILLER, 410.67 S BROADWAY VACANT LOT- 30'X 129' ASSESSED VALUATION: $3,600 The Office of Strategic Planning, Division of Real Estate has received a request from Jason Carney, 448 Goethe Street, Buffalo, New York 14212, to purchase a City owned vacant lot at 449 Schiller. Mr. Carney intends to use this vacant lot as extra yard space. The Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchasers. The Division of Real Estate has investigated the sale of similar lots in the subject area. Sales range from Forty -Three Cents ($.43) to One Dollar and Thirty - Two Cents ($1.32) per square foot. The results of our negotiations are that Mr. Carney has agreed and is prepared to pay Two Thousand Five Hundred Dollars ($2,500), the equivalent of Sixty -Four Cents($.64) per square foot for the subject property. Mr. Carney has also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 449 Schiller in the amount of TwoThousand Five Hundred Dollars ($2,500). 1 am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. Mr. Fontana moved: That the above communication from the Office of Strategic Planning dated June 13, 2008, be received and filed; and That the offer from Jason Carney, residing at 448 Goethe Street, in the sum of two thousand and five hundred dollars ($2,500.00) for the purchase of 449 Schiller, 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 - 7 NOES — 0 NO. 13 RESULTS OF NEGOTIATIONS 366 WEST FERRY, E CORNER OF PARKDALE VACANT LOT: 36'X 106' ASSESSED VALUATION: $3,700 (NIAGARA DISTRICT) The Office of Strategic Planning, Division of Real Estate has received a request to purchase 366 West Ferry Street from Hampshire Enterprises LLC, Mrs. Carol Todaro, 371 West Ferry, Buffalo, New York 14213. Hampshire Enterprises LLC owns a pizzeria at 371 West Ferry. 366 West Ferry will be used for future business expansion. It is critical to the City that this longstanding business remain in the community. Concerns about the safety of over 85 employees are motivating the purchase. This lot would enable shorter travel distance within easier line of site from the restaurant. This is of particular concern to employees at the close of shifts late at night /early morning. Negotiations with the real estate division begun in earnest to satisfy the businesses leadership that the current location can continue to work for the business and its employees. Business retention, particularly in this intersection and in this neighborhood, was an overriding priority in those negotiations. The City's economic retention and neighborhood quality of life goals were the guiding factors .Law was consulted, and entertaining subsequent offers was reportedly not required. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. The Division of Real Estate has investigated the sale of similar lots in the subject area. Sales range from Seventy Cents ($70) to One Dollar and Twenty Five Cents ($1.25), per square foot. The results of our negotiations are that Hampshire Enterprises LLC has agreed and is prepared to pay Three Thousand Seven Hundred Dollars ($3,700), One Dollar ($1.00) per square foot for the subject property. Hampshire Enterprises LLC has also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 366 West Ferry to Hampshire Enterprises LLC in the amount of Three Thousand Six Hundred Dollars ($3,700). 1 am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT FROM THE COMPTROLLER NO. 14 CERTIFICATE OF NECESSITY TRANSFER OF FUNDS FRINGE BENEFITS HUMAN RESOURCES 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 $500,000 be transferred and reappropriated to Human Resources, as set forth below: From: 17305002426000 Workers Comp $500,000 To: 12555006 - 429007 Case Management IOD $191,000 12555006 - 432002 Medical Services $309,000 Dated: Buffalo, NY, May 29, 2008 RECEIVED AND FILED NO. 15 CERTIFICATE OF NECESSITY TRANSFER OF FUNDS 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 $7,000 be transferred and expropriated from the Common Council Legislative, as set forth below: From: Common Council Legislative $7,000.00 10102001 - 412002 Hourly Salary To: City Clerk $7,000.00 10220006 - 434000 Other Contractual Services Dated: Buffalo, NY, June 5, 2008 RECEIVED AND FILED NO. 16 CERTIFICATE OF APPOINTMENT Appointment Effective 6/11/2008: in the Department of Audit & Control, Division of Audit to the Position of Assistant Auditor, Permanent at the Third Step of $34,955 Catherine E. Trautman, 250 Linwood Ave, Apt #3, Buffalo, NY 14209 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE PRESIDENT OF THE COUNCIL NO 17 REVIVE THE BROADWAY MARKET" BUFFALO NEWS ARTICLE 6/24/08 Please file the attached news article in regards to the Broadway Market for today's Common Council meeting. COPY AVAILABLE IN THE CITY CLERKS OFFICE FOR REVIEW RECEIVED AND FILED FROM THE COMMISSIONER OF ASSESSMENT AND TAXATION NO 18 REQUEST APPROVAL OF CERTIFICATE OF ADJUSTED BASE PROPORTIONS 2008 ROLL Attached find Certificate of Adjusted Base Proportions. I am respectfully requesting that Your Honorable Body approve the aforementioned Certificate pursuant to Article 19 of the Real Property Tax Law. Article 19 was added to the Real Property Tax Law in 1981 for the purpose of mitigating the shift of taxes to residential property as a result of reassessment in municipalities with a homestead and a non - homestead taxing system. A proportional ratio is established between the two classes in the base year, the roll used for certification as an approved assessing unit. For the City of Buffalo our base year is 1991. Thereafter each successive roll is adjusted for changes in the number and values of parcels in the two classes and the ratio is applied to determine the amount of the levy to be collected from each class of properties. This Certificate was prepared by the Department of Assessment and Taxation with the assistance of the New York State Office of Real Property Service, pursuant to the Real Property Tax Law and the Rules and Regulations of the Office of Real Property Service, Upon approval of this Certificate, kindly direct the City Clerk to sign, date and forward said Certificate to the New York State Office of Real Property Service, Equalization Rate Bureau, 16 Sheridan Avenue, Albany, New York 12210 -2714. Also, kindly direct the City Clerk to furnish this department with a copy of the approved Certificate. Mr. Fontana moved: That the communication from the Commissioner of Assessment and Taxation, dated May I, 2008, be received and filed; and That the Common Council approves the Certificate of Adjusted Base Portions pursuant to the Real Property Tax Law and the Rules and Regulations of the Office of Real Property Service. That the City Clerk be authorized to sign, date and forward said Certificate to the New York State Office of Real Property Service, Equalization Rate Bureau, 16 Sheridan Avenue, Albany, New York 12210 -2714 and to provide the Commissioner with a copy of the approved Certificate. PASSED AYES -7 NOES -0 FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO 19 BANNERS WITHIN CITY RIGHT OF WAY (ELLICOTT, NORTH, MASTEN) Please be advised the Department of Public Works has no objection to the banners proposed for Allen Street (CCP #102; June 10,2008). The Garden Walk (CCP #105; June 10, 2008) or the Delavan Grider Community (CCP #116;June 10, 2008) provided all conditions of the Division of Engineering are met. Said conditions have been forwarded in writing to all three applicants. RECEIVED AND FILED NO 20 CHANGE IN CONTRACT FIRE HEADQUARTERS 2 ND FLOOR AIR CONDITIONING JOB #0714 ELLICOTT DISTRICT I hereby submit to Your Honorable Body the following changes for Fire Headquarters, 2 nd Floor Air Conditioning, Greater Niagara Mechanical, Inc., C #93000027. 1. Furnish and install two (2) 208V circuits to feed (6) indoor A/C units, Add $12,660.00 (2) 115V circuits to feed (2) energy recovery ventilator units, 208/3 phase /100 amp circuit from basement to rooftop VRV heat pump unit. This work is mandatory to provide power to the air conditioners previously installed. The foregoing change results in a net increase in the contract of Twelve Thousand Six Hundred Sixty and 00/100 Dollars ($12,660.00) Summary: Current Contract Amount $61,700.00 Amount of This Change Order ( #1) Add 12,660.00 Revised Contract Amount 74,360.00 Costs have been reviewed by the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in 39320406 445100 - Division of Buildings. Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated June 18, 2008, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue change order No. 1, to Greater Niagara Mechanical, Inc., an increase in the amount of $12,660.00, as more fully described in the above communication, for work relating to 2 n Floor Air Conditioning, Job #0714. Funds for this project are available in 39320406 445100 Division of Buildings. PASSED AYES -7 NOES -0 NO 21 CHANGE IN CONTRACT REPLACEMENT OF SITE SPECIFIC SIDEWALKS -2007 I hereby submit to your Honorable Body the following unit price additions to the contract for the above named Project. This change order is necessary to complete deteriorated sidewalks at various locations city -wide. Repairs will begin in the Fillmore District. Contract Description Unit Estimated Estimated Item Price Quantity Cost R05.204AA Concrete Sidewalks -4" Repl. $5.00 14,000 sq. ft. $70,000,000.00 Existing Contract Amount $709,076.50 Increase in Contract $70,000.00 Revised Contract Amount $779,076.50 Funds are available in Capital Projects Account #30032106. 1 respectfully certify that this change order is fair and equitable for the work involved, and respectfully request that Your Honorable Body approve the subject change order and authorize the Commissioner of Public Works, Parks & Streets to issue said change order to Masters Edge, Inc. Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated June 5, 2008, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue a change order, to Master's Edge, Inc., an increase in the amount of $70,000.00, as more fully described in the above communication, for work relating to Replacement of Site Specific Sidewalks - 2007, Group #668. Funds for this project are available in Capital Projects Account #30032106. PASSED AYES - 7 NOES — 0 NO 22 PERMISSION TO HIRE CONTRACTOR CITY HALL SECURITY SYSTEM JOB #0766 Permission is hereby requested from Your Honorable Body to hire U & S Services to provide upgrades to the existing security system for City Hall in the amount of $42,120.00 U & S Services has previously submitted bids for the original security system and was the successful low bidder. As a result, they are the sole source for this upgrade. Funds are available in 39320806 445100 - Buildings and 24142484 474100 - UASI Grant. Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated June 18, 2008 be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to hire U & S Service to provide upgrades to the existing security system for City Hall in the amount of $42,120.00. Funds for this project are available in 39320806 445100 - Buildings, and 24142484 474100 - UASI Grant. PASSED AYES - 7 NOES — 0 No 23 CERTIFICATE OF APPOINTMENT Appointment Effective June 16, 2008 in the Department of Public Works Division of Engineering to the Position of Engineering Aide Temporary Appointment, Intermediate, Starting salary of $30,267 Joseph Ziemba, 12 Fields, Buffalo 14210 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF POLICE NO 24 DRUG ASSET FORFEITURE WIRE TRANSFERS 07 -D EA- 490333 C2 -07 -0133 2,180.36 08 -DEA- 493009 C2 -08 -0025 1,693.69 08 -DEA- 491881 C2 -08 -0012 2,438.89 08 -DEA- 494034 C2 -08 -0035 1,682.89 07 -DEA- 486840 C2 -07 -0099 73.30 08 -DEA- 493562 C2 -08 -0030 1,502.48 08 -DEA- 492677 C2 -08 -0020 1,406.89 08 -DEA- 492680 C2 -08 -0021 1,628.29 07- FBI - 001689 3110070022 2,224.73 915% SAFE) TOTAL $14,831.52 The Drug Enforcement Administration (DEA) and /or U.S. Customs has administratively forfeited the above referenced property. The funds were received by this Department through wire transfers and duly deposited in the Trust & Agency Account, #20010000 - 389001. 15% of these funds have been deposited into SAFF account 10326 for fulfilling year 2 expenditures under SAFF legislation. The remaining funds will be placed into one or more of the following accounts as deemed necessary by the Commissioner of Police: Educational Training /Seminar, Confidential Funds, Materials and Supplies, Firearms and Weapons, Communications and Computers, Electrical Surveillance, Purchase of Services, Improvements, Vehicles, Operating Equipment If you have any questions regarding the above mentioned, please contact Inspector Joseph Strano at 851 -4624. COPY AVAILABLE IN THE CITY CLERKS OFFICE FOR REVIEW RECEIVED AND FILED NO 26 JUSTICE ASSISTANCE GRANT PROGRAM RENEWAL - YEAR 4 As you are aware, the US Department of Justice initiated funding under the Justice Assistance Grant (JAG) Program, which replaced the Byrne Formula and Local Law Enforcement Block Grant Programs. JAG serves as the single funding mechanism for the administration of these grants and over the last three years, the City has been a partner with the County of Erie, Towns of Amherst, Cheektowaga, and West Seneca and has served as the grant applicant and fiscal agent so that the City could retain at least the majority share of funding. This year, for round four's funding, the Bureau of Justice has certified that the City of Buffalo is in a funding disparity with the County of Erie, and therefore, we must submit a JOINT application for the aggregate of funds allocated to this area. Unfortunately for all, the award this year, for JAG Year 4 HAS BEEN CUT 67% over last year to $150,345. Last year, we received a 67% increase from the previous year (Year 3's award was $481,596 ($446,676 Buffalo /S13,210 Erie County alone, $21,710 Cheektowaga). The City /County must agree on this effort or no one gets the funding. We have successfully negotiated this effort by retaining minimal funds for the juvenile prosecutor. This year's application is due by July 8, 2007. In order to file the grant application, which requires notification of the Applicant /Fiscal Agent's governing body, of which the City serves as, we are notifying you as a mandated requirement by the —feds" under this application process. At this time, we are notifying you that the City of Buffalo will be accepting the funds totaling $150,345 and distributing them as follows: City of Buffalo: $150,345 County of Erie: will fall under City's funding through a Memorandum of Understanding to the DA's Office for $10,000 for juvenile prosecutor. Unlike previous years, the other partners (Amherst, Cheektowaga, West Seneca) received ZERO. Any law enforcement or justice initiative previously eligible for funding under LLEBG or Byrne funding is encouraged to be continued and eligible for funding under JAG. The City's allocation will continue to fund initiatives previously funded under the Local Law Enforcement Block Grant such as: Office of Citizen Services (including Save our Streets Program, Street Sweeps, Quality of Life programs - $65,345) Department of Community Services will receive $25,000 and will review their previously funded programs of Drug Court, Code of Conduct /Anti Crime Prevention Programs. As stated above, the Buffalo Police funding will include the $10,000 for the Juvenile Prosecutor in the District Attorney's and $50,000 overtime (gang suppression, quality of life selected enforcement activities, curfew, other directed enforcement activities) The feds require a governmental review from the fiscal" agent, which is the City of Buffalo, prior to the submission of this application. In addition, we were only notified about the availability of this renewal funding on June 4th and had to negotiate and come to terms with other partners as part of this complex grant process before we could present this information to your Honorable Body. Again, we must have your approval as we prepare for the acceptance and spending of these funds, in addition, we must have your approval prior to notifying the Control Board. If you have any questions, please contact Captain Mark Makowski or Maureen Oakley of our Grants Section at 851 -4475. Mr. Fontana moved: That the above communication from the Commissioner of Police dated June 18, 2008, be received and filed; and That the Commissioner of Police be, and he is hereby authorized to accept the funds of $150,345 under the Justice Assistance Grant (JAG) Program, on behalf of the City to distribute this funding to the programs as listed above. PASSED AYES -7 NOES -0 FROM THE COMMISSIONER OF FIRE NO 26 EXTENSION OF INTER - MUNICIPAL AGREEMENT WITH THE TOWN OF ELMA FOR THE PROVISION OF EMERGENCY RESPONSE SERVICES TO HAZARDOUS MATERIAL INCIDENTS Enclosed for Your Honorable Body's consideration and approval is an Extension of the Inter - Municipal Agreement between the City of Buffalo and the Town of Elma. Pursuant to this agreement, the City of Buffalo will continue to perform emergency response services to hazardous material incidents on an as- needed basis in the Town of Elma for an annual fee of Four Thousand Five Hundred Dollars ($4,500.00). Mr. Fontana moved: That the above communication from the Commissioner of Fire dated June 26, 2008, be received and filed; and That the Mayor and the Commissioner of Fire be, and they hereby are authorized to enter into an Extension of Inter - Municipal Agreement for emergency response services to hazardous materials incidents between the City and the Town of Elma for an annual fee of four thousand and five hundred dollars ($4,500.00). COPY AVAILBALE IN THE CITY CLERKS OFFICE FOR REVIEW PASSED AYES -7 NOES -0 FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT & INSPECTION SERVICES NO 28 FOOD STORE LICENSE 749 JEFFERSON (ELLICOTT) FROM THE CORPORATION COUNSEL NO 27 CLAIMS COMMITTEE MEETING AGENDA Claims Committee Meeting Tuesday, July 1, 2008 Hon. David A. Rivera, Chairperson AGENDA Personal Injury A 1 Edward Josey $92,500.00 A 2 Leanora Boyd P /N /G Gary Small $33,750.00 A 3 Ramona Ogletree $ 5,000.00 A 4 Mary Prior $ 5,000.00 A 5 Sandra L. Germano $ 4,500.00 A 6 Geraldine Gibbons $17,500.00 A 7 Orin Holliday, Jr. $25,000.00 A 8 Saundra & Samuel Welch $750,000.00 Property Damage B 1 Joanne Augugliaro $ 3,000.00 B 2 Michelle Davis $ 971.16 B 3 Joseph Depronio $ 4,000.00 B 4 Jennifer Gburek $ 324.95 B 5 Kristen Gibbs $ 798.23 B 6 Gia Manley $ 610.49 B 7 New York Central Ins.a /s /o Bridget Manne $2,813.95 B 8 Steven Panaro $ 717.42 B 9 Earnest Sheppard $ 401.51 B 11 Doreen Standish $ 960.00 B 12 State Farm Ins. a /s /o Tashawn Foster $ 198.28 B 13 State Farm Ins. a /s /o Margaret Verrastro$ 1,837.50 B 14 Nancy Thines $ 191.08 B 15 Travelers Insurance a /s /o John McNerney $ 877.60 B 16 Jacqueline White $ 1,297.94 B 17 Joseph Zon $ 280.51 Miscellaneous Reimbursement C 1 Keonna Davis $ 175.00 C 2 Audrey Dennard $ 500.00 C 3 Paulette Rogers P /N /G Robert Rogers $ 130.00 C 4 Jehrel Williams $ 2,500.00 Miscellaneous Invoices D 1 Allen Electric & Mech Inc. $ 831.00 D 2 Division of Treasury $11,717.69 D 3 GAR Associates $ 5,500.00 D 4 King Wholesale $ 421.88 D 5 Len -co Lumber Corp $ 43.67 D 6 Priority Dispatch $ 1,180.00 D 7 Thomas H. Burton $ 3,577.50 Supplemental Index E 1 Abner Garcia $ 2,500.00 E 2 Troyas Turner P /N /G Ezekiel Turner $10,000.00 REFERRED TO THE COMMITTEE ON CLAIMS. FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT & INSPECTION SERVICES NO 28 FOOD STORE LICENSE 749 JEFFERSON (ELLICOTT) Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 749 Jefferson (Sunnyside Convenient Store) and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collections Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION NO 29 FOOD STORE LICENSE 594 NIAGARA (ELLICOTT) Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 594 Niagara (God Is Love Lareference) and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collections Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION NO 30 FOOD STORE LICENSE 731 WALDEN (LOVEJOY) Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 731 Walden (I Got It Produce) and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collections Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION NO 31 SIDEWALK CAFE LICENSE 1458 HERTEL (DELAWARE) The Common Council approved a sidewalk car6 for the restaurant located at 1458 Hertel on April 13, 2004 (Item #103). The restaurant, known as North End Trattoria is now owned by Matthew LoTempio. Mr. LoTempio has requested permission to install a similar car& The Department of Permit & Inspection Services has no objection to you Honorable Body authorizing the Commissioner to issue a "mere license" to encroach City right of way provided all conditions in the above mentioned approval are met. Mr. Fontana moved: That the above communication from the Department of Economic Development, Permit and Inspections Services dated June 16, 2008, be received and filed; and That pursuant to Chapter 194 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services be, and he hereby is authorized to grant a sidewalk car6 to Matthew LoTempio located at 1458 Hertel Avenue, as North End Trattoria. PASSED AYES -7 NOES -0 NO. 32 USED CAR DEALER 980 GRANT ST. (NORTH Pursuant to Chapter 254 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Used Car Dealer License located at 980 Grant St and find that as to form is correct. I have caused an investigation into the premises for which said application for a used car dealer license is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspections, I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of Sujel Amin. The attached thereto for Sujel Amin dba /Liberty Auto Plus 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 6, 2008, be received and filed; and That pursuant to Chapter 254 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services be, and he hereby is authorized to grant a Used Car Dealer license to Sujel Amin d /b /a Liberty Auto Plus Inc. located at 980 Grant Street. PASSED AYES -7 NOES -0 FROM THE COMMISSIONER OF ADMINISTRATION, FINANCE, POLICY & URBAN AFFAIRS NO. 33 AUCTION VEHICLE FOR CITY USE This is to request authorization for the Division of Parking Enforcement to takeover use of a 2001 Ford Explorer VIN 1 FMYU70E01 UB42320 property number 032107,004,GAR. This vehicle would replace AF9401 which is a 1994 Jeep that is beyond repair, and will be used for our booting program. The vehicle was towed in on March 17, 2007 as a recovered stolen vehicle. The insurance company paid off the previous owner due to the theft and therefore now owned the vehicle. United Services Auto Insurers of San Antonio, Texas was notified by certified mail on April 9, 2007 that the vehicle must be claimed within 10 days. The vehicle remains unclaimed and may now be sold at public auction or converted to official use pursuant to section 1224 of the New York State Vehicle and Traffic Law. Mr. Fontana moved: That the above communication from the Department of Administration, Finance, Policy and Urban Affairs dated June 13, 2008, be received and filed; and That the Director of Parking be, and he hereby is authorized to takeover use of a 2001 Ford Explorer V1 N 1 FMYU70E01 UB42320 property number 032107,004,GAR. That the acceptance of this vehicle is approved contingent on, that concurrent with it's use, there be no increase in the number designated as authorized for take -home use, there be no increase in the number designated as marked and unmarked in accordance with Chapter 53 of the City Code and the exceptions thereto granted by this Common Council, and that the replaced vehicles be removed from City service and disposed of in the best interests of the City. PASSED AYES -7 NOES -0 NO. 34 INCREASED APPROPRIATION OF $3,120,946 AIM FUNDS FOR DEMOLITIONS CCP# 113 5/13/08 Common Council approved the increased appropriation of $3,120,946 for demolitions. Due to the timing of bidding and awarding the contracts, the actual demolitions will not take place until next fiscal year, To provide accurate financial reporting we would like to move the increased appropriation into the next fiscal year. We hereby request that the Comptroller be authorized and directed to amended the fiscal year in the Certificate of Necessity approved per CCP #113 dated May 13, 2008 to read fiscal year beginning July 1, 2008. Mr. Fontana moved That the Comptroller is authorized and directed to amend the fiscal year in the Certificate of Necessity approved per CCP# 113 dated May 13, 2008 to read July 1, 2008 PASSED AYES -7 NOES -0 FROM: THE CITY CLERK NO. 35 REQUEST TO APPROVE CHANGE ORDER #1 FOR THE DESIGN AND IMPLEMENTATION OF AN AUTOMATED DOCUMENT AND LEGISLATIVE AGENDA MANAGEMENT SYSTEM FOR THE CITY CLERK AND COMMON COUNCIL I hereby submit to your Honorable Body for approval Change Order #1 to the existing contract with Corporate Legal Systems (CLS) for the Design and Implementation of a Front Office Case Management System for the Department of Law. This contract is for: (1) the automation and coordination of case management activity in the Law Department; (2) implementation of an integrated solution offering case, calendar, contact, document management and time tracking, management and analyses capabilities; and (3) integration of the agenda system with MS Outlook, Word, Westlaw research and other applications used by the City and Law Department. We are seeking your approval and authorization for the City Clerk to execute Change Order #1 for the Design and Implementation of an Automated Document and Legislative Agenda Management System for the City Clerk and Common Council. Change Order #1 and the CLS software system will: (1) augment ongoing efforts in the City Clerk's Office to automate the completion of routine tasks and streamline a document handling process that is paper consuming and highly reliant on clerical support; (2) encourage city -wide use of personal computers and office productivity software to electronically prepare documents for filing with the City Clerk for consideration by the Common Council; and (3) use state of the art methods to archive records and make it easier for city officials and staff, the public and the media to retrieve documents. The use of a CLS engineered shared software system with customized portals will enable the City to enhance its communication capabilities and achieve new levels of functionality, inter - departmental cooperation, and information exchange. The City will also benefit from the acquisition of standardized software and hardware, increased efficiency from state of the art product design, advanced training methods, and skilled technical support when needed. The City's Information Technology network will also benefit from greater utilization of the support and training staff assigned to the CLS project, expanded use of current city systems, and avoid the need to allocate staff and other resources had a entirely new software solution been selected. The software and hardware to be acquired and the work to be performed by CLS pursuant to Change Order #1 has been reviewed by the Departments of Law and Management Information Systems and the Division of Audit, and were found to be fair, equitable and in the best interests of the City and its taxpayers. This change order will also be submitted to the Buffalo Fiscal Stability Authority for its review and approval. Original amount of CLS contract #93000118 $70,000.00 Current amount of CLS contract #93000118 $70,000.00 Change Order #1 - amount of increase $48,000.00 Revised Contract amount $118,000.00 Funds for Change Order #1 are available in the City Clerk's Operation & Maintenance (10220006- 443400) and Capital Outlay (10220007- 474100) accounts in the current year's budget. Mr. Fontana moved: That the above communication from the City Clerk dated June 18, 2008, be received and filed; and That the City Clerk be, and he hereby is authorized to issue change order No. 1, to Corporate Legal Systems, an increase in the amount of $48,000.00, as more fully described in the above communication, for work relating to the Design and Implementation of an automated document and Legislative Agenda Management System for the City Clerk and the Common Council. Funds for this project are available in the City Clerk's Operation & Maintenance (10220006- 443400) and Capital Outlay ( 10220007 - 474100) accounts in the current year's budget. PASSED AYES -7 NOES -0 NO. 36 MAYOR BYRON W. BROWN OUT OF TOWN TRAVEL Pursuant to Section 4 -4 of the City of Buffalo Charter, t will be out of state on Tuesday, June 12, 2008 and will return the same day. I hereby designate Commissioner Janet Penksa, Administration, Finance, Policy and Urban Affairs to perform the Mayor's duties in my absence. MAYOR BYRON W. BROWN OUT OF TOWN TRAVEL Pursuant to Section 4 -4 of the City of Buffalo Charter, I will be out of state on Wednesday, June 18, 2008 and will return the same day. I hereby designate Commissioner Janet Penksa, Administration, Finance, Policy and Urban Affairs to perform the Mayor's duties in my absence. RECEIVED AND FILED NO. 37 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 186 Allen St Towne Restaurant Eleni Konstantopoulos RECEIVED AND FILED NO. 38 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: 6/9/08 in the Department of Common Council, Division of Masten District to the Position of Intern VI, Seasonal, Non Competitive at the flat salary of $10.00 /hr Mykale King, 61 Erb St, Buffalo, NY 14215 Chantel Houston, 502 GlenAve, Buffalo, NY 14225 CERTIFICATE OF APPOINTMENT Appointment Effective: 6/9/08 in the Department of Common Council, Division of Masten District to the Position of Intern V, Seasonal, Non Competitive at the flat salary of $8.00 /hr Tyshica S. Byno, 201 Carl St., Buffalo, NY 14211 CERTIFICATE OF APPOINTMENT Appointment Effective: 6/23/08 in the Department of Common Council, Division of Fillmore District to the Position of Intern V, Seasonal, Non Competitive at the flat salary of $8.00 /hr Dave C. Rose, 267 Franklin St, Buffalo, NY 14202 CERTIFICATE OF APPOINTMENT Appointment Effective: 6/27/08 in the Department of Common Council, Division of Fillmore District to the Position of Intern V, Seasonal, Non Competitive at the flat salary of $8.00 /hr Thomas J. Hryvniak, 19 Bridgeman St, Buffalo, NY 14207 CERTIFICATE OF APPOINTMENT Appointment Effective: 6/9/08 in the Department of Common Council, Division of City Clerk to the Position of Intern VI, Seasonal, Non Competitive at the flat salary of $10.00 /hr Charles Culhane, 376 Urban St, Buffalo, NY 14211 Gabriel Vazquez, 247 Myrtle Ave, Buffalo, NY 14204 Felix Stewart, 82 Elmer, Buffalo, NY 14215 Timothy Rosati, 115 Kimmel Ave, Buffalo, NY 14220 Jennifer Blake, 30 Spaulding St, Buffalo, NY 14210 Cindy Stitt, 60 Lilac St, Buffalo, NY 14220 CERTIFICATE OF APPOINTMENT Appointment Effective: 6/17/08 in the Department of Common Council, Division of City Clerk to the Position of Intern VI, Seasonal, Non Competitive at the flat salary of $10.00 /hr Starr N Morris, 295 Leroy Ave # 3, Buffalo, NY 14214 CERTIFICATE OF APPOINTMENT Appointment Effective: 07/01 /08 in the Department of Common Council, Division of City Clerk to the Position of Intern V, Seasonal, Non Competitive at the flat salary of $8.00 /hr Alexandria Chwalinski, 15 Duluth Ave, Buffalo, NY 14216 Jasmine Olivencia, 712 Prospect Ave, Buffalo, NY 14213 Jacqueline Rucinski, 115 Dempster St, Buffalo, NY 14206 NO. 39 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 II Seasonal, Unclassified, Flat Starting salary of $7.15 Rachel Finucane, 39 Lyndhurst, Buffalo 14216 Angelethia Amos, 64 Walden, Buffalo 14211 Jalisa Dixon, 378 Grove, Buffalo 14216 Nakida Allen, 141 Clarence, Buffalo 14215 Reginald Allen, 397 La Salle, Buffalo 14215 Jackie Dowell, 482 Clinton, Buffalo 14204 Listena Dixon, 378 Grove, Buffalo 14216 Carvair Allen, 171 Stockbridge, Buffalo 14215 Bilal Ali, 1741 Amherst, Buffalo 14214 Marina Akaic, 163 14 Street, Buffalo 14213 Dajea Cortez, 12 Hertel Apt #1008, Buffalo 14207 Deara Ayea, 114 Spann, Buffalo 14206 Ryan Barleston, 439 Highgate, Buffalo 14215 Jeremiah Ali, 59 Courtland, Buffalo 14215 Robert Allen, 76 Benwood, Buffalo 14214 Aja Crowley, 30 18 Street Upper, Buffalo 14213 Rakeem Baker, 44 Rose, Buffalo 14204 Stephanie Defazio, 288 Maryland, Buffalo 14201 D'Qwan Croskery, 526 S Division, Buffalo 14204 Jamelia Dark, 21 Cambridge Ct, Buffalo 14204 Martez Davis, 275 Riley, Buffalo 14208 Marquel Banks, 33 Land, Buffalo 14215 Julian Crocker, 29 Durham, Buffalo 14214 Rydell Baker, 184 Chicago, Buffalo 14204 Michael Daniels, 205 Courtland, Buffalo 14215 Dinita Cotton, 84 Urban, Buffalo 14211 Bri'anna Dixon, 288 Clark, Buffalo 14212 Kianna Dickinson -Ware, 63 John Paul Ct, Buffalo 14206 Keyonna Freeland, 166 Goulding, Buffalo 14208 Noelle Gardner, 11 Goulding, Buffalo 14208 Tiana Edwards, 21 Roehrer, Buffalo 14208 Crystal Gonzalez, 286 Parkdale, Buffalo 14213 Brandy Garrison, 1994 Bailey, Buffalo 14211 Abigail Gonzalez, 256 14 Street, Buffalo 14213 Londyne Hall, 97 Andover, Buffalo 14215 Justin Ellerbee, 248 Phylis, Buffalo 14215 Lasandra Fulgham, 438 Broadway, Buffalo 14204 Damien Goodwin, 271 Davey, Buffalo 14206 Dijon Dunovant, 437 N Division, Buffalo 14204 Ngina Drayton, 600 Norfolk, Buffalo 14215 Robert Hardy, 97 Locust, Buffalo 14204 Shawntee Ellison, 438 Hewitt, Buffalo 14215 AnTonio Johnson, 110 Burgard, Buffalo 14211 Jalen Anderson, 196 Newburgh Buffalo 14215 Santana Anderson, 94 Hazelwood, Buffalo 14215 Calvin Evans, 28 Fisher, Buffalo 14211 Ebony Drayton, 59 Rodney, Buffalo 14214 Dimitrius Glass, 103 Loepere, Buffalo 14212 Takeisha Ewing, 107 Stanton, Buffalo 14206 Quanyaisia Ferguson,98 Austin, Buffalo 14207 Brandon Hunt, 72 Lockwood, Buffalo 14220 Sha -Teek Howze, 167 Dewey, Buffalo 14214 DeQuan Anderson, 167 Newburgh, Buffalo 14215 Andrew Lewis, 427 Olympic, Buffalo 14215 Denzel McDuffie, 214 S Division, Buffalo 14204 Shateyka McGriff, 34 Reed, Buffalo 14212 Darnell Andrews, 10 7 th Street, Buffalo 14201 Amber Anderson, 95 Crestwood Buffalo 14216 Dawnette Martin, 214 Landon, Buffalo 14208 Roberto Martinez, 37 Eckert, Buffalo 14207 Carisma Anderson, 940 Northland, Buffalo 14215 Stephanie McCullen, 352 Hewitt, Buffalo 14215 Michel'le McCann, 35 Millicent, Buffalo 14215 Carla Marshall, 261 Newburgh, Buffalo 14215 Thomas Mayfield, 202 S Division, Buffalo 14204 Breuana McClinton, 278 Oakmont, Buffalo 14215 Karisha Beckett, 22 E Oakwood, Buffalo 14214 Akilah Broadwater, 537 Masten Buffalo 14209 Travis Billups, 653 Virginia, Buffalo 14203 Heather Bell, 21 Timon, Buffalo 14211 Aisna Baynes, 352 Dearborn, Buffalo 14207 Tyreka Brackett, 330 Florida, Buffalo 14208 Rhomel Bozeman, 211 Detroit, Buffalo 14212 Tyler Baugh, 252 Humboldt, Buffalo 14214 Natasha Benston, 213 Hazelwood, Buffalo 14215 DeAndria Billups, 521 N Division, Buffalo 14204 Terrence Baylor, 106 Quincy, Buffalo 14212 Shiloah, Bostic, 2334 Fillmore, Buffalo 14212 Nakeie Carpenter, 21 Millicent, Buffalo 14215 Cherrelle Brown, 623 Wyoming Buffalo 14215 Ruby Carrasquillo, 58 Henrietta, Buffalo 14207 Brian Brown, 62 Oakgrove Buffalo 14208 Kinn'Shuanna Calhoun, 236 W Ferry, Buffalo 14213 Marion Carrier, 614 E North, Buffalo 14211 Kirby Briggs, 38 Alden, Buffalo 14216 Maurice Betton, 85 E Delavan Buffalo 14214 D'Andre Browning, 54 Mapleridge, Buffalo 14215 Jalisa Bryant, 2274 Main Buffalo 14214 Shayla Carter, 225 Westminster, Buffalo 14215 Brianna Lee, 12 Cambridge, Buffalo 14204 Jessica Butler, 62Goulding, Buffalo 14208 Najee Koy,83 Poplar, Buffalo 14211 Nicholas Buster, 80 Sattler, Buffalo 14211 Louis Chestnut, 79 Marine Dr. Apt 3c, Buffalo 14213 Alicia Cook, 26 Shepard Buffalo 14212 Anise Combs. 283 Loring, Buffalo 14214 Jonie Lax, 164 Roosevelt, Buffalo 14215 Bash Bynum, 55 Hewitt, Buffalo 14215 Kevin Lambert, 592 Northland, Buffalo 14211 Janelle Kozlowski, 88 Spann, Buffalo 14206 LaWon Lee, 519 Woodlawn, Buffalo 14208 ShanDa Levy, 336 Olympic, Buffalo 14215 Christopher Armstead, 151 Mills, Buffalo 14212 Renee King, 77 Wakefield, Buffalo 14214 Tyler Kirsch, 756 Crescent, Buffalo 14216 Janiece Artis, 902 Glenwood, Buffalo 14211 Megan Marciniak, 318 Benzinger, Buffalo 14206 Charod Artis, 49 Gesl, Buffalo 14214 Eric King, 142 Camden, Buffalo 14216 Stephone Jordan, 52 Willert, Buffalo 14204 Khalilah Jones, 143 Longview, Buffalo 14211 Melissa Jones, 176 Brunswick Blvd, Buffalo 14208 Alexandra Barnes, 93 Thatcher, Buffalo 14215 Emmanuel Autry, 427 Olympic, Buffalo 14215 Ronald Ashton, 79 Alexander, Buffalo 14208 Marcus Aughtry, 112 Humanson, Buffalo 14211 Brittany McKinney, 524 Wilson, Buffalo 14211 Joshua Barnes, 334 LaSalle, Buffalo 14215 Samaleh Kahin, 83 St Florian, Buffalo 14207 Lawan McMillian, 364 Roslyn, Buffalo 14215 Vivien Jackson, 76 Kerns, Buffalo 14211 Somalia Henry, 327 Warwick Buffalo 14215 Brandon Jones, 113 Rodney, Buffalo 14214 Alexander Barnett, 219 Cambridge, Buffalo 14215 Thomas McParlane, 38 Eaglewood, Buffalo 14220 Traneka Jacobs, 443 Perry, Buffalo 14204 Nicholas Mineo, 457 Parker, Buffalo 14216 Yamil Hernandez, 336 Vermont, Buffalo 14213 James Baskins, 29 Tower, Buffalo 14215 Michael Herrera, 363 Busti Avenue, Buffalo 14201 Nakiyah Holman, 43 Sattler, Buffalo 14211 Martin James, 1421 Broadway, Buffalo 14212 Javelle Howell, 331 St Lawrence, Buffalo 14216 David Jamison, 104 Edna, Buffalo 14209 Davonna Howard, 79 Shoreham, Buffalo 14216 Talvin Hokes, 967 Walden, Buffalo 14211 Shinene James, 519 West, Buffalo 14213 Jamelia Jackson, 124 Gerald, Buffalo 14215 Dayshon Jackson, 157 Rapin PI, Buffalo 14211 Arturo Ross, 124 Newfield, Buffalo 14207 Lashay Ryles, 76 Haven, Buffalo 14211 Arginia Jones, 2456 Bailey #2, Buffalo 14215 Charnisha Hunter, 781 Northampton, Buffalo 14211 Adrian Jackson, 406 Woodlawn, Buffalo 14208 Derrick Moody, 103 17 Street, Buffalo 14213 Andrew Pause, 23 Lang, Buffalo 14215 Nafese Sanford, 395 Hampshire, Buffalo 14213 James Santiago, 699 Linwood, Buffalo 14209 Marious Phillips, 112 Humason, Buffalo 14211 Ty -lisha Smalls, 354 Doat, Buffalo 14211 Rosa Santos, 307 Herkimer, Buffalo 14213 Kyle Pellam, 29 Norway, Buffalo 14208 Joel Roman, 225 West, Buffalo 14201 Mercedez Simmons, 195 Maple, Buffalo 14204 Nicole Silvera, 370 Linwood, Buffalo 14209 Jermaine Scott, 1143 Kensington, Buffalo 14215 Kareema Perry, 188 E Utica, Buffalo 14208 Isis Rodriguez, 142 W Ferry, Buffalo 14213 Andrea Pierce, 20 Welker, Buffalo 14208 Morris Reed, 125 Berkshire, Buffalo 14215 Angel Rodriguez, 124 18 Street, Buffalo 14213 Sharmaine Payne, 85 E Amherst, Buffalo 14214 Tyrone Romaine, 22 Norway, Buffalo 14208 Royce Roberts, 275 Davidson, Buffalo 14215 Elisha Pratcher, 196 Wilson, Buffalo 14212 Douglas Pryor, 71 E Utica, Buffalo 14209 Adrianne Purdue, 95 Wood Buffalo 14211 Javante Richardson, 140 Goulding, Buffalo 14208 Kyeonta Ransom 208 Shirley, Buffalo 14215 Francisco Pacheco, 123 Bird, Buffalo 14213 Jose Romain, 65 Clay, Buffalo 14207 Lashay Moore, 322 Bedford, Buffalo 14216 Michael Rodriguez, 35 Bolton, Buffalo 14210 Riba Muhammad, 375 Grider, Buffalo 14215 Saul Rodriguez, 233 Massachusetts, Buffalo 14213 Jennifer Moreno, 558 Fargo, Buffalo 14213 Kerry Rollins, 79 Courtland, Buffalo 14215 Dajon Tate, 254 Roslyn, Buffalo 14215 Andrew Strug, 51 Spann, Buffalo 14206 Autumn Lockett, 14 Condon, Buffalo 14209 Lamont Little, 45 Dunlop, Buffalo 14215 Danesha Lowe, 916 Kensington, Buffalo 14215 Mikel Lowe, 144 Erb, Buffalo 14215 Raymeert Wedderburn, 37 W Northrup, Buffalo 14214 Kenneth Watts, 18 Pershing, Buffalo 14211 Rebecca Majed, 102 Greenwood, Buffalo 14213 Markdale Walker, 31 Myers, Buffalo 14211 Juan Vega, 326 B Southpark, Buffalo 14204 Teyana Walker, 424 Goodyear, Buffalo 14211 Davonte Wardlazo, 30 Bennett Village, Buffalo 14214 Julius Spell, 2 Alma, Buffalo 14215 Megan Sobocinski, 254 Gold, Buffalo 14206 Natisa Smith, 502 High, Buffalo 14211 Dominique Lipscomb, 301 Hastings, Buffalo 14215 Danielle Watford, 1308 Kensington, Buffalo 14215 Shawndrea Smith, 174 Butler, Buffalo 14208 Michael Lofton, 33 Simon Buffalo 14207 Jammine Westbrook, 216 Hastings, Buffalo 14215 Asia Yelder, 109 Hirshbeck, Buffalo 14212 Kayla Williams, 81 Nevada, Buffalo 14211 Candyce Young, 348 Phyllis, Buffalo 14215 Terrance Young, 389 Leroy, Buffalo 14214 Jemarr Moody, 253 Lisbon, Buffalo 14215 Dominique Moss, 40 Flower, Buffalo 14214 Daniel Navarro, 1329 West Ave, Buffalo 14213 Natasha Ortiz, 18 Short, Buffalo 14207 Daysha Spidell, 543 Winslow, Buffalo 14208 DeMarco Ogletree, 19 Elsie, Buffalo 14208 Jerome Ogletree, 19 Elsie, Buffalo 14208 Trevon Tubbins, 333 S Division, Buffalo 14204 Damone Patton, 11 Alma, Buffalo 14215 Rasaan Vance, 88 Richlawn, Buffalo 14215 Keisha Ocasio, 214 Roesch, Buffalo 14207 Jonathan Vazquez, 177 Massachusetts, Buffalo 14213 Bria Thompson, 32 Verplank, Buffalo 14208 Kayla Todd, 38 Doat, Buffalo 14211 Patrick Spruill, 55 Lisbon, Buffalo 14214 Darius Storey, 260 Doat, Buffalo 14211 Tia Taylor, 116 Courtland, Buffalo 14215 Derrel Taylor, 272 Sumner, Buffalo 14211 Jonathan Parker, 115 Delmar Mitchell, Buffalo 14204 Stevina Thomas, 80 Watson, Buffalo 14206 Dayanirys Pagan, 257 Laird, Buffalo 14207 Marquis Workman, 138 Butler, Buffalo 14208 Seleste Wine, 810 Amherst, Buffalo 14216 Andre Wilson, 300 Easton, Buffalo 14215 Imani Wilo, 82 Longview, Buffalo 14211 William Wilson, 659 Northumberland, Buffalo 14215 Samira Williams, 176 Glenwood, Buffalo 14208 Demetrius Williams, 32 Gladstone, Buffalo 14207 Heather Yablin, 1331 Seneca, Buffalo 14210 Leroy Worthy, 60 Liddell, Buffalo 14212 Keith Worthy, 433 B Perry, Buffalo 14204 Johnny Williams, 398 Emslie, Buffalo 14206 LeVelle Williams, 35 Rapin PI, Buffalo 14211 Marquittia Wilkins, 112 Humanson, Buffalo 14211 Lamonte Williams, 135 Rounds, Buffalo 14215 CERTIFICATE OF APPOINMTMENT Appointment Effective June 2, 2008 in the Department of Community Services & Recreational Programming Division of Youth to the Position of Intern III Seasonal, Unclassified, Flat Starting salary of $8.15 Chanquana Gayle- Jones, 194 Wyoming, Buffalo, NY 14215 Lyndsey Barnes, 104 Tuscarora Rd, Buffalo, NY 14220 Courtney Collins, 70 Phyllis, Buffalo, NY 14215 Krystal Watson, 269 Grote, Buffalo, NY 14207 CERTIFICATE OF APPOINMTMENT Appointment Effective June 2, 2008 in the Department of Community Services & Recreational Programming Division of Youth to the Position of Intern II Seasonal, Unclassified, Flat Starting salary of $7.15 Taylor Stroud, 482 Franklin, Buffalo, NY 14202 Caitline Dones, 1739 Seneca, Buffalo, NY 14210 Carla Dones, 1739 Seneca St, Buffalo, NY 14210 Donte Tresvant, 76 Academy, Buffalo, NY 14211 Lavon Brown, 106 Hubbell, Buffalo, NY 14220 Wallace Hedgepeth, 159 Hamlin Rd, Buffalo, NY 14208 Unique Reynolds, 153 Gorton, Buffalo, NY 14207 Sarah Hairston, 233 Southampton, Buffalo, NY 14208 N4: illy 197A1 *61;0:216]I0 Chi 401111 Appointment Effective July 7, 2008 in the Department of Community Services & Recreational Programming Division of Youth to the Position of Intern III Seasonal, Unclassified, Flat Starting salary of $8.15 Ashley Hodge, 14 Marne Rd, Buffalo, NY 14215 Phylicia Robinson, 82 Welker, Buffalo, NY 14208 Amber Small, 139 Tyler, Buffalo, NY 14214 NO. 40 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: 6/16/2008 in the Department of Public Works, Division of Engineering to the Position of Laborer II, Seasonal Appointment at the Flat Salary of $11.11 /hr Gerlad Brinkworth, 47 Marine Dr Apt 11 F, Buffalo, NY 14202 CERTIFICATE OF APPOINTMENT Appointment Effective: 6/16/2008 in the Department of Public Works, Division of Engineering to the Position of Bridge Operating Operating Engineer, Seasonal Appointment at the Flat Salary of $11.11 /hr Lewis King, 159 Chester Street, Buffalo, NY 142508 Robert Kreutinger, 50 Homer, Buffalo, NY 14216 CERTIFICATE OF APPOINTMENT Appointment Effective: 6/18/2008 in the Department of Public Works, Division of Engineering to the Position of Laborer II, Seasonal Appointment at the Flat Salary of $11.11 /hr Matthew Richards, 58 Evanston Place, Buffalo, Ny 14220 John Snyder, 2497 Delaware Ave, Apt# 6, Buffalo, NY 14216 CERTIFICATE OF APPOINTMENT Appointment Effective: 6/20/2008 in the Department of Public Works, Division of Engineering to the Position of Laborer II, Seasonal Appointment at the Flat Salary of $11.11 /hr Nolan Skipper, 89 Crystal Avenue, Buffalo, NY 14220 Chester Nicometi, 89 Hoyt St, Buffalo, NY 14213 NO 41 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 7/1/08 in the Department of Common Council Division of South District to the Position of Intern Seasonal, Non- competitive Flat Salary of $8.00 Katherine Danahy, 179 Tuscarora Rd, Buffalo 14220 NO 42 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 Effective7 /1/08 in the Department of Common Council Division of Niagara District to the Position of Intern Seasonal, Non- competitive Flat Salary of $8.00 Robert A. Quintana, 303 Jersey St, Buffalo 14201 NO 43 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 Effective6 /30/08 in the Department of Community Services Division of Substance Abuse Services to the Position of Senior Counselor Permanent Open- competitive Minimum starting Salary of $34,408 Ralph Wilson, 61 Academy Rd, Buffalo 14211 NON - OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON - OFFICIAL COMMUNICATIONS NO 44 B. DAVIS -W. GOODHUE- APOLOGY LETTER FROM STILLWATER GRILLE CONCERNING DAVIS CARDS Please file the enclosed item for further discussion at the next Common Council session to be held Tuesday, June 24, 2008. Thank you in advance for your assistance with this matter. Dear Council Member Davis: It has come to my attention that an employee created and distributed cards which included your name and email address. The purpose of these cards was to provide any interested individual with your email address in the event they wished to express an opinion regarding our proposed dining garden. That purpose should have been more clearly expressed on the card, it was not intended to create any suggestion that you are associated with the Stillwater Grille, LLC., or have taken any position regarding this issue. In fact, as you have repeatedly made dear to all, we understand you have not formed any position on this proposal. TO the extent anyone chose to interpret these cards otherwise, we apologize to you for any confusion that resulted. We hope to continue working with the City of Buffalo, and any interested parties, toward the approval of this proposal In a way that makes it a real amenity and improvement in this vital and developing commercial district. Respectfully, William R. Goodhue R &REFERRED TO THE COMMITTEE ON FINANCE NO 46 W. GOODHUE -REQ APPROVAL FOR STILLWATER GRILLE PATIO (ELL) To: The Common Council of Buffalo I am a 62 year old businessman born and raised In Western New York. I love the City of Buffalo and a few years ago I embarked on a program of purchasing and restoring former landmarks in the area. While Buffalo Is blessed with hundreds of good restaurants doubt there are many owners who have two three and a half star venues in restored, formerly empty, landmarks. It should be quite obvious from the enclosed articles that I take a great deal of pride in both the restoration of the physical facilities and the businesses they contain. Having spent four years in the military during the Viet Nam War, I learned early on that the bullet that kills you is the one you don't hear. I want the City of Buffalo to prosper, not be killed by its lack of support for those of us willing to run the gauntlet of suppression that has been allowed to exist for far too long. Having seen the extraordinary ordeal we have faced in getting a beautiful dining patio approved for The Stillwater, many business people in the area and guests of The Stillwater have confided in me why they simply don't bother any longer to try to improve their property and businesses in the City. With the many high profile frustrations of this region constantly documented in the press it is easy to understand their view, but I DO NOT share the view the war is lost. I have spent over $20,000.00 so far seeking approval for what has been characterized as the most beautiful garden /dining patio ever proposed for the City. Having observed the food business in Western New York all these years without an outside presence to serve food the business immediately drops 50% as soon as the weather turns warm. Our customers go to the water or competing patios in the area. NOT FAIR by any standard. By having an outside patio we are simply trying to maintain, not even expand, our business and provide for roughly fifteen jobs that cannot exist without an outside presence. My parents survived the Great Depression with my father working on a coal barge In Lake Erie for pennies a day. They taught me the value of hard work, integrity, and fair competition. While my father was stoic and quiet, my mother, like most mothers of her generation, was feisty and protective. They loved Buffalo and I think it would be fair to say she would characterize the tactics, outright misinformation and lack of cooperation of the handful of individuals serving their own self interest versus the benefit to the City she loved in words we all can all relate to, In making your decision, I think she would tell you to do what Is right... to look at the benefit to the City as a whole and not be distracted by the self interest of the few... while I often disagreed with her "rulings" I respected her right to dictate what I should do and she would expect me to do the same here. I pledge to you and the City, I will make you proud to have approved what we propose if given the opportunity, William R. Goodhue Stillwater Grille, LLC. RECEIVED AND FILED NO 46 EB GREEN SOCIETY - CONCERNS STILLWATER GRILLE PATIO (ELL) Ladies and Gentlemen: The E. B. Green Society is dedicated to the study and preservation of buildings by E.B. Green and his associated firms. The near - seventy year span of Green's career produced buildings that clearly reflect Buffalo's growth from a small outpost to an internationally recognized city of commerce and culture. Our city's fine architectural stock, executed by E.B. Green and other firms, holds not just the key to our past but will continue to play an increasingly important role in our future for the generations to come. As president of the E.B. Green Society, I am writing you to express our organization's concern regarding the Stillwater Restaurant's proposal to construct an outdoor patio on Virginia Place. Over the years, the architecturally significant Midway townhouse development (1889- 1897), located within the nationally registered Historic Allentown District, has been substantially eroded. The architectural office of Green & Wicks was largely responsible for the conceptualization of the Midway as well as the design of four of the original thirteen townhouses. Over the past 35 years, three of the twelve remaining townhouse interiors have been significantly altered and rebuilt in a style that bears little resemblance to the development's period of significance. One of the townhouses is the T.R. Slicer Townhouse at #487 Delaware Ave., designed by Green & Wicks in 1892. It is a twin to the T. Guilford Smith Townhouse at #489 Delaware. They share a common porch and the facade of the two townhouses is designed to resemble one large house. Relying on information from Architect Catherine Faust, we understand that the Stillwater Restaurant has proposed a patio, at the rear of these structures that straddles the lot lines of the Smith - Slicer and Barrow Townhouses. This design is not in keeping with the period of significance as set forth in the Secretary of the Interior's Standards for Historic Rehabilitation. The limits of the patio do not reflect the historic lot lines, especially of the Smith Slicer double townhouse, and the boundaries of the patio are defined primarily by metal fencing and not brick garden walls as are substantiated by a 1927 aerial photograph of the area in question. (It also appears that there is clear evidence of a masonry garden wall foundation at the north lot line of the Smith Townhouse.) The design team for the neighbors has proposed a much more sympathetic and historically correct conjoined pair of walled gardens designed in the style of Ellen Biddle Shipman, one of the most prominent landscape architects of this period who designed gardens for several of E.B. Green's clients in addition to "Graycliff, Darwin D. Martin's summer home in Derby, N.Y. Walled gardens, were extremely popular during this era and Mrs. Shipman designed and executed a garden for the Schoellkopf Family who lived in the Green & Wicks designed Glenny /Schoellkopf Townhouse at the end of the Midway. Mrs. Katharine Pratt Horton's garden, at #477 (originally The Birge Townhouse, again designed by Green & Wicks), was famously described in the Buffalo Courier in the early 20 century. We all know that the Midway is unique in Buffalo. But its historical significance goes beyond its urbane appearance: it is significant in that it represents the most cohesive collection of work by the leading Buffalo architects of our city's Gilded Age - including Edward B. Green, George R. Cary, William H. Boughton, James H. Marling James A. Johnson The diversity of architectural styles and the quality of execution has been noted by experts as nationally significant. We must strive to preserve the Midway and ensure that every step we take is a step in the direction of rehabilitating and reinforcing the architectural significance of this period in our history. Thank you for your consideration of this important matter. Kevin Rung RECEIVED AND FILED NO 47 R. STANTON - SEQR = STILLWATER GRILLE -483 DELAWARE (ELL) AVAILABLE FOR REVIEW IN THE CITY CLERKS OFFICE REFERRED TO THE COMMITTEE ON LEGISLATION NO 48 R. STANTON- PROPOSED IMPROVEMENTS 481 -487 DELAWARE (ELL) Stillwater Holdings, LLC hereby appeals to the Common Council pursuant to section 337 -26 of the Charter and Code of City of Buffalo, the denial by the Preservation Board on or about June 12, 2008 of a Certificate of Appropriateness, and a Certificate of No Effect, and /or a Certificate of Exception for improvements they desire to place on the outside of 481 -487 Delaware Avenue. The item appealed is the denial of the aforementioned certificate for the conversion of an asphalt patio for a garden restaurant patio. As is set fourth on the attached plans, the patio would not involve a physical alteration of the existent structures at the site, and it would convert approximately 3,500 feet of asphalt to a patio garden with masonry and /or stone pavers and approximately 30 % vegetation. Based upon the lack of physical alteration to the structure, which is not listed on the Federal or State Register but rather is in an overlay district, and the improvements to the vistas of the surrounding area, it is respectfully submitted that a Certificate of Appropriateness or No Effect should have been issued. It is further submitted that a production of the transcript of the minutes of the Preservation Board would indicate no disagreement that the removal of the asphalt pad and replacement of it with a patio garden would be a benefit to the physical structures. Thus under City of Buffalo Charter and Code Section 337- 2 the statutory requirements for the Certification of No Effect and /or Appropriateness were met. In addition, we do specifically object to the attempt to impose Secretary of Interior standards concerning Restoration Projects was not applicable to the action appealed from. We understand the allowed use of the proposed patio garden is within the discretion of the Common Council. While we our filing this Appeal with your Honorable body, and we will continue to work towards resolution of operational issues, which we understand to be a concern of the neighbors and the Common Council. The Restricted Use regulations contained in the City of Buffalo's Charter & Code Section 511 -54 do provide the mechanism to regulate hours of operation, and sound and density issues, which have been raised. I have also attached a Full Environmental Assessment Form completed in relevant part on behalf of the Project Sponsor. It does contain the same project information as previously provided to the Common Counsel. We ask that this appeal be filed with the Common Council and that this matter be referred to the appropriate committees. REFERRED TO THE COMMITTEE ON LEGISLATION NO 49 V. ALESSANDRA- CONCERNS LACK OF PORTABLE TOILETS DURING ALLEN TOWN FESTIVAL I have been in the Allentown area as a restaurant operator (Arby's) for over 30 years and I am very upset with the total disregard the Allentown Association has shown in regards to the toilet facilities. I believe that this issue has to be addressed by having more portable toilets in the whole festival area. I believe these locations should be properly identified and visible to the patrons who attend the festival. This toilet situation is becoming quite serious for the regular restaurant owners in the Allentown area. Our toilets are constantly trashed and our employees threatened if we insist on only our customers using the facilities. The patrons of the festival feel they have a right to use the toilet facilities of the restaurants within the Allentown Festival area. This is a huge problem that must be solved. I will contact my councilman, Brian Davis, to see if he can address this problem to everyone's satisfaction. RECEIVED AND FILED NO 50 J. BOOTH — RESPONSE -CITY HALL RIDE SHARE PROGRAM The City of Buffalo Bicycle and Pedestrian Advisory has reviewed the Common Council Resolution Item #110 CCP June 10, 2008 "Initiating a City -Hall Ride -Share Program to Encourage Employees to Carpool'. Through our review and analysis the following recommendations were identified that could lend towards reaching the goals established in the resolution. These include the following; Do not limit any ride -share initiative to strictly carpooling. While carpooling is a component, it should also include walking, bicycling and taking public transit. Make use of the work already done by the Greater Buffalo Niagara Regional Transportation Council through the www.goodgoingwny.com online tool to facilitate any Ride -Share initiative. There is an option for employers to register, which enables tracking of usage, overall employee savings, etc. Active encouragement to employees to use this ride matching application would be a significant first step in achieving the Council resolution's goal. • Include incentives for walkers, cyclists, transit users, (such as preferred parking for car poolers and cyclists. • A feedback system that indicated miles logged in all modes of shared transportation, walking and cycling, pollution not exhausted, the reduction in the carbon footprint, and provide public recognition for this effort. • Employee education is needed such as providing commuter tips, info about how to take bikes on Metro rail and bus, how to dress for the commute, what to do in case of rain or inclement weather, park and bike ride options. • Recognition and incentives, the city could offer weekly coffee /beverage of choice (gatorade, sport drinks) and "carb" loading events in the lobby of city hall accompanied by a weekly drawing of appropriate prizes. • Departments could be pitted against each other to see which can induce the most ride share, bike, walk, mass transit users, by percentage of total persons in the department. • Run a weight loss and fitness program in conjunction with the ride -share initiative. Weigh -ins before and after with prizes to the greatest weight loss and some sort of before and after fitness measurement. • A City blog could be set up for participants to share and challenge each other and each Department. A strong component should be to encourage cycling. Access to the Blue Bicycle program, appropriate storage facilities at City work sites, access to showers /lockers, etc. are all things to consider. A very successful incentive program to encourage ride - sharing which utilizes a multi -modal approach has the ability to enhance employee participation while having a positive economic, environmental and quality of life impact on the city and its employees. Thank you for the opportunity to provide recommendations on this resolution. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO 51 MONTHLY REPORT FOR THE BUFFALO WATER BOARD As requested by the Common Council, please find attached a copy of the monthly operations report for the Buffalo Water System for receipt and file. COPY AVAILABLE IN THE CITY CLERKS OFFICE FOR REVIEW REFERRED TO THE COMMITTEE ON FINANCE NO 52 NFTA ENCROACHMENT REQUEST FOR ELLICOTT STREET Please file the attached item for further discussion at the next Common Council session to be held Tuesday, June 24, 2008. Thank you in advance for your assistance with this matter. To: Common Council From: Albert Randaccio Re: Parking 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. Thank you for your cooperation in this matter. Any questions please feel free to contact my office at 855 -7345. REFERRED TO TEE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF PUBLIC WORKS PARKS AND STREETS NO. 53 SEQR LEAD AGENCY DESIGNATION BUFFALO RIVERFEST PARK 215 OHIO STREET CITY OF BUFFALO, ERIE COUNTY This Department has reviewed the proposal submitted for the Buffalo Riverfest Park project to be located in the City of Buffalo. We have the following comments which will describe the regulatory requirements discussed during your conceptual review meeting at this office on June 2, 2008: 1. Since project activities will involve land disturbance of over 1 acre, the project sponsor is required to obtain a State Pollutant Discharge Elimination System General Permit (GP -0 -08 -001) for Stormwater Discharge from Construction Activities. A Notice of Intent (NOI) is required to be sent to NOTICE OF INTENT NYSDEC, Bureau of Water Permits, 625 Broadway, 4th Floor, Albany, New York 12233 -3505, telephone: 518,(402 -8111 and approved before construction commences. The General Permit GP -0 -08 -001 and NOI form are available on the Department's website at www.dec.ny.gov. This General Permit requires the project owner or operator to control stormwater runoff according to the Stormwater Pollution Prevention Plan, which is to be developed prior to filing NOI and prior to commencement of the project. 2. It was noted on the Federal Emergency Management Agency's FIRM Map No. 360230 -0020 that the site is located within the designated 100 -year floodplain. The applicant would have to meet the City of Buffalo regulatory standards for work in a 100 -year floodplain. They would be required to obtain a Floodplain Development Plan from the City of Buffalo. also to remove that debris and eliminate significant navigational hazards. Much of the debris accumulation at the project site would never occur if the obvious upstream embayments, filled to overflowing with debris, were managed as recognized debris removal sites using some heavy equipment strategically and low cost summer help for manpower purposes. While it may be beyond the scope of the immediate project, this kind of initiative should be pursued by the Valley Community Association and become a desirable goal for the Buffalo Niagara River Keeper. We concur with the City of Buffalo Planning Board to act as SEQR Lead Agency as the environmental impacts are of local significance. Thank you for the chance to review this project. If you have any questions, please contact me or Ms. Lynne Judd of my staff at 716/851- 7165. Respectfully, REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 64 OLMSTEAD PARK PLAN Dear Common Council President Franczyk: I am taking the liberty of contacting you to request a meeting with the Buffalo Common Council Members to discuss the Olmsted Parks Conservancy's Plan for the 21 Century. As you may know, more than 5 years ago, the Buffalo Olmsted Parks Conservancy began researching and writing the guiding principles for the restoration and management of the 1200 -acres of Olmsted- designed parkland in Buffalo. With the help and input of the Olmsted Advisory Council, Olmsted Long Range Planning committee and the Urban Design Project, School of Architecture and Planning, University at Buffalo, as well as funding from the John R. Oishei Foundation, the official Plan for the 21 m Century is now ready for public review. The plan is a blueprint for the future of Olmsted's cultural landscape and spells out the following seven Guiding Principles for restoration and management of the park system: Protect and rehabilitate the Olmsted System to restore its historic integrity. Brand the system as a unique historic landscape. Promote safe, secure diverse and equitable use of the park system. Work with partners to ensure meaningful community participation. Promote sustainable strategies, ecological diversity, green design and best management practices. Expand the system to connect the parks throughout the city and to connect to the Niagara River Greenway. Use the parks and parkways as a community and economic development strategy for adjacent neighborhoods. Manage and maintain the system through daily best practices to achieve the historic integrity, public use and sustainable practices. In addition, the plan includes a review of Olmsted- designed parks by park history as well as plans for restoration and rebuilding of the entire system (which is 50 % of Buffalo's green space). The plan also includes cost breakdowns for projects and provides both a first 5 year and longer range project list. I have asked Eli Mundy to contact you directly to schedule a meeting with you and your colleagues on the Common Council. Thank you, in advance, for your kind assistance with this request. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT. NO. 66 366 W. FERRY, BUFFALO, NY 14213 MY CLIENT: ERIC BOCKSTAHLER DEAR MR. HANNON: This office has been retained to represent Eric Bockstahler in connection with his interest in purchasing the above premises from the city. It is my understanding that the city is interested in selling this property. Pursuant to §27 -13 of the City Charter, this property must be sold "at public auction or by sealed bids... ". Publication of such sale is also provided for. Please be advised that my client expects the city to follow its' Charter and sell this property by auction or sealed bid and not otherwise. In the event the city sells or otherwise disposes of these premises in any manner inconsistent with §27 -13 of the City Charter, my client intends to take action deemed necessary to protect his interests. We look forward to publication of Notice of Sale. REFERRED TO THE COMMITTEE DEVELOPMENT NO. 66 STATEMENT FROM EXECUTIVE DIRECTOR OF WEST SIDE COMMUNITY COLLABORATIVE REGARDING THE DEMOLITION OF THE WHITE BROS. LIVERY & BOARDING STABLE Although there is still a great deal of hope that the historic White Bros. Livery & Boarding Stable on Jersey will be saved, we all understand the dire nature of the current situation. At this juncture, the community is as frustrated with the City Housing Inspector assigned to the West Side, Steve Pieri, as we are the owners of the property, Robert and Nina Freudenheim. We are perhaps more frustrated with the inspector because he is allowing the same thing to happen to properties all over the West Side. Attached to this statement is a document detailing a recent call to the Mayor's Call and Resolution Center. the caller warned the Inspections Department of the building's serious condition, and even suggested the possibility of an expensive demolition should his or her warnings remain unheeded. Inspector Pieri's response was that the owner was taking care of it and that "demolition is not an option." Obviously this community didn't want a demolition, we wanted action. It's clear that Inspector Pieri never entered the building nor did he conducted a thorough inspection of the property before concluding that there was no great danger and closed the case. Despite tile constant complaints from the neighborhood, despite the obvious condition issues (neighbors were regularly complaining about falling bricks), and despite his duty as a City Housing Inspector, his pattern did not break. this comes as no surprise since Mr. Pieri's longstanding pattern has been to issue Letters of Violation and call his cases closed. We have repeatedly complained about Inspector Pieri's refusal to go inside buildings even when ordered by the Judge (this owner showed the interior routinely and most likely would have let the inspector in if requested), habit of writing Letters of Violations without even going to the properties, writing the wrong properties (he just did this again for Housing Court on Monday), not following up alter the 30 -day Letters of Violations, his refusal to write properties with serious conditions for court (like the Livery Stable), and other serious issues. We've repeatedly requested that he be removed from the West Side. We are now losing an important West Side property at a taxpayer expense of almost $300,000. How many of our worst properties in the City could have been demoed with these funds? How many other properties around the West Side are being allowed to decline m a similar fashion? We are trying hard to bring the West Side back, and it's frustrating to have efforts reversed by our own housing inspector, one who's salary we pay. We have no choice but to request that a final investigation be made into this property and why it was never written for court. Inspector Pieri, and any other inspector assigned to this building over the past two years should be included in its proceedings. If this situation doesn't demonstrate what we have been dealing with then I can't imagine what is required. We have plenty of documented examples of misconduct that we can share with the investigation. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT. NO. 57 A. GLYNN -DRAFT 2008 NYS RAIL PLAN Dear Fellow New Yorker: It is my pleasure to announce the release of the working draft 2008 New York State Rail Plan, which presents a proposed vision for the State's rail system to enable it to meet passenger travel demands, freight shipping needs and the challenges of responding to climate change for both today's New Yorkers and future generations. The working draft, on which we encourage public comments for the next 30 days through July 18, describes the goals, objectives and strategies that can guide rail planning and investment decisions in the future. RECEIVED AND FILED NO. 58 M. KEARNS- STATUS WATER BOARD POLICIES Mr. McFoy: Prior to the Common Council's recent approval of the First Amendment ( "Amendment Agreement ") to the Management Agreement between the Buffalo Water Board and American Water Services Operations & Maintenance, Inc. ( "AWS "), several Members of the Common Council voiced concerns regarding their desire to see the Water Board revisit a number of its policies and for AWS to improve the quality of its customer service. On or around May 13, 2008, 1 provided AWS and the Buffalo Water Board with a suggested "Water Ratepayer Bill of Rights" that briefly summarized a number of reforms that the Common Council desired to see explored. Upon review of the most recent monthly report filed with the Common Council for the Buffalo Water System by the Buffalo Water Board / AWS, I was disappointed to see no mention of the many issues we recently discussed. Could you or your staffplease provide a report on the status of the progress made to address these issues and the timetables therefore? The Common Council appreciates your immediate attention to this matter. Please feel free to contact me at 851 -5169 if you have any questions in regard to this request. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 59 VERIZON FIOS TV FRANCHISES IN THE CITY OF BUFFALO Dear Mr. Chwalinski: Please file the attached item for further discussion at the next Common Council session to be held June 24, 2008. Thank you in advance for your assistance in this matter. Bruce Heatley Dear Dear Mr. LoCurto, It is painfully obvious that Verizon has no, or little intention of including the City of Buffalo in its list of municipalities for a TV franchise agreement according to media reports. The towns of West Seneca, Orchard Park and Hamburg were first to get on their list. Now, Tonawanda, Cheektowaga and of course, Amherst are the next towns that Verizon is entering into franchise discussions to offer ROS TV service. I'm not talking about this bundled deal with Direct TV, but for their own ROS TV offerings via Fiber Optic cable. The City of Buffalo has cleared objection to the antenna tower needed for Verizon's 'Head End' located in or next to their CO (Central Office) on Elmwood Ave. near downtown Buffalo. This was apparently done with the belief Verizon would be bringing ROS TV to the city of Buffalo. They started wiring their Main St. CO for fiber simply because that location happens to be needed for parts of Amherst, Tonawanda and Cheektowaga. Only the University district is being wired for phone and Internet (which doesn't require any franchise agreements). The routes being wired are the routes out to the suburbs already mentioned. Interesting, they find it 'convenient' to use facilities within the City of Buffalo, but have little interest in considering Buffalo for TV service. This total disregard for city residents is appalling at best. I understand, they have no 'legal' obligation to include any town or city. This'cherry picking' based on their'Take Rate' of who gets it and who doesn't just seems hard to believe. Towns with less density per square mile as Hamburg and West Seneca are a better 'catch' than the city Buffalo. I do understand they can't wire everyone at once, but passing by a city as Buffalo is not just a poor public relations mistake, it is a poor business mistake. This mentality that city residents have no disposable income is not just incorrect, but just the opposite is true. Affluent suburban residents usually go out more, whether it be dining, boating, traveling, country clubs or just various social activities. None of that involves watching TV. On the other hand, less fortunate city residents can't afford any of that, but CAN afford IV services either cable, satellite or now ROS. This is their main form of entertainment. Also consider the greater density of homes in a city over the sprawl of most suburbs, this gives them even more reason of wiring a city first. Someone at Verizon hasn't done their homework. I am asking you to put any and all forms of pressure on Verizon to move forward and enter into a franchise agreement with the City of Buffalo as soon as possible. We need a choice other than just cable TV and satellite delivered television service. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 60 J. PAJAK- ATTN: CARLA A. KOSMERL, DIRECTOR OFADMIN & FINANCE, OFFICE OF STRATEGIC PLANNING RE: COMMON COUNCIL RESOLUTION # 127, DATED APRIL 15, 2008 DIRECTING ALL CITY DEPARTMENTS, ALONG WITH THE BUFFALO URBAN RENEWAL AGENCY ( "BURA ") ON BEHALF OF THE AGENCY AND ITS SUBCONTRACTORS, TO SUBMIT A SUMMARY OF THEIR TRAVEL AND TRANSPORTATION APPROPRIATIONS FOR THE PERIOD JULY 1 2006 TO DATE. Attached please find a copy of the Common Council Resolution referenced above. We thank you for the information that you provided on behalf of the Office of Strategic Planning and the Buffalo Urban Renewal Agency (BURA) (copy attached) but as of this date we have not yet received similar information from BURA on behalf of or directly from any of BURA's subcontractors such as for example the Buffalo Economic Renaissance Corporation (BERC). We respectfully request that you immediately provide the Common Council with the information requested above for BERC and any other of BURA's subcontractors, by filing same with the City Clerk, with an information copy provided to the Chairman of the Common Council Finance Committee (Common Council Member Michael P. Kearns) for deliberation at the next meeting of the Common Council scheduled for July 8, 2008. If you have any questions concerning this matter, please contact the undersigned at 716- 851 -4047. REFERRED TO THE COMMITTEE ON FINANCE NO. 61 M. SAWICZ- PURCHASE 366 W. FERRY Dear Mr. Chwalinski, The following is for the official City of Buffalo record. I write to express my outrage at an impending action by the City of Buffalo. Recently, a decrepit house was demolished at 366 West Ferry. It was known as "Buffalo's Heroin House" according to public news reports. The now empty lot is approximately 30 from my home at 61 Arnold Street. For many years this property sat abandon by its owner and under the control of squatters and drug dealers. Many times, I telephoned the police and complained to our then Common Councilmember Bonifacio. In fact, I went to the city property auction in October of 2006 and spoke directly to him about this very property and my willingness to bid on it. After discussing the matter with him, he had the property struck to the city with the understanding that the city would demolish the structure and sell the property to me and or my neighbor for use as green space. As of today, I understand that there will be a sale and possible zoning change with out any fair and equitable bidding process that most benefits the taxpayers of the City of Buffalo, according to article 27, section 13 of the city charter. It is my understanding that this property will be sold to LA NOVA PIZZAREA, for the purpose of rezoning and conversion to a PARKING LOT. or ANY non - residential application. As a taxpayer and property owner in close proximity, I vehemently oppose this space becoming a parking lot or ANY other non - residential application, under any circumstances. The intersection of Parkdale and Arnold Street, on which this lot sits, is currently a hazardous intersection. Adding a driveway onto West Ferry or Parkdale from this lot, where there was not one previously, will only exacerbate the current hazardous condition in many ways. In addition, the exhaust from an additional parking lot where the wind directly blows into a residential neighborhood is a major health hazard. Secondly, and just as important as the above, there is already adequate existing parking immediately adjacent for a business this size (or expanded) and it is under its direct control. Furthermore, there is within a very short space, more than adequate additional parking for which this business enjoys completely free use and has for many, many years. The approximate seven parking spaces that a conversion of this residential property would yield would have no impact whatsoever on the current or even expanded business. I would also like to speak to Mayor Byron Brown's public comments regarding this issue. In a Buffalo News article by Brian Meyer on June 3, 2008 the Mayor is quoted as supporting the plan. I find it disparaging that without consultation and review, such comments would be made by a public official. As a resident and taxpayer who has chosen to invest in the City of Buffalo, I find it appalling that the Mayor would immediately take one side without listening to the concerns of citizens who are residents. I feel even more outrage on behalf of my neighbor. Eric Bockstahler, at 65 Arnold, has at his own considerable expense, purchased derelict property immediately adjacent to 366 and had it demolished without the benefit of public dollars. Residential investment is as or more important than commercial to the long term health and viability of the our city. An elected official needs to understand that a city is also built upon the quality of life of its residents. I would welcome the opportunity to speak publicly and request to be notified on this issue at any level when it comes for action by any city entity. Specifically but not limited to, any Common Council Action or Zoning Board hearings. Thank you for your attention to this matter. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 62 PHILLIPS LYTLE LLP RE: CATHOLIC HEALTH SYSTEM /MERCY HOSPITAL OF BUFFALO APPLICATION FOR SPECIAL USE PERMIT FOR HELIPAD AT THE EMERGENCY DEPARTMENT OF MERCY HOSPITAL, 565 ABBOTT ROAD, BUFFALO (THE "PROJECT ") Ladies and Gentlemen: This firm represents Catholic Health System ( "CHS ") and Mercy Hospital of Buffalo, (collectively "Applicant "), and we submit this first supplement to the April 10, 2008 Letter of Intent in support of Applicant's request for authorization to establish a helipad from the City of Buffalo Common Council ( "Council ") pursuant to Chapter 63 of the Charter and Code of the City of Buffalo ( "Code "). Applicant proposes important renovations to the Emergency Department of the Mercy Hospital of Buffalo ( "Hospital ") located at 565 Abbott Road ( "Site "). Specifically, Applicant proposes to build a new state -of- the -art Emergency Department designed to accommodate increased patient volumes, including a new lobby, triage area, thirty -four additional exam rooms, CT and radiology support, a penthouse to house mechanical and electrical equipment, a new access corridor, a covered, monitored ambulance entry, new access ramps and a helipad with dedicated elevator and stair connection to the Emergency Department (collectively, the "Project "). We submit 20 copies of this supplement to our Letter of Intent dated April 10, 2008 with more detailed information about the helipad as well as the FAA Determination of Landing Area Proposal. The Council declared its intent to be the lead agency for the Project pursuant to the State Environmental Quality Review Act ( "SEQRA') by Resolution dated April 15, 2008. Under separate cover dated April 10, 2008, we remitted our check in the amount of $275.00 which covers the Special Use Permit application fee. The following exhibits are attached hereto and made part of this letter as well as the April 10, 2008 Letter of Intent: Exhibit H: FAA Notice of Landing Area Proposal Exhibit I: FAA Determination of Landing Area Proposal SPECIAL USE PERMIT ANALYSIS PURSUANT TO THE CODE The Project is subject to design review and approval by the Council as set forth in §63 -3 of the Code. Pursuant to §63 -3, the Council is charged with reviewing and authorizing the establishment of any privately owned airport. We have reviewed the various provisions contained in the Code which are applicable to the Project and have set forth those provisions below, in italicized type, for the Council's convenience. After each pertinent provision, we have set forth the manner in which we feel this Letter with accompanying Exhibits has satisfied that provision. §63 -2. Use regulated. No person, firm or corporation shall fly or permit any aircraft to be flown over any part of the city at an altitude of less than 1, 000 feet above the highest obstacle within a horizontal radius of two miles from the aircraft, except in landing or on taking off from the waters of Lake Erie, the Niagara River or the Buffalo Harbor. Such landings or takeoffs shall be made at such minimum safe altitudes as will not endanger persons or property on the surface or other aircraft. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 63 S RADFORD- ISSUES OF POLICE BRUTALITY Issues of Millions More Movement for Common Council Consideration Issue of Police Brutality -MOA with Department of Justice -Unjust Firing of Officer Cariol Home -False arrest of Neal Mack -Police misconduct accountability 1). Acquire transcripts and investigate open hearing of Officer Cariol Horne to identify serious problems within police department and their investigative processes. Identify continued violations of MOA issues. 2). USDOJ Memorandum of Agreement - Clearly identify what Common Council oversight authority and responsibility. 3). Conflict of Interest of Federal reviewer - Submission of false reports. 4), Extension of MOA 5). Cariol Home punishment is excessive in relationship to what she was convicted for. What s the precedent? What message does this message send to police officers and city residents? 6). Accreditation of Police Dept. based on Citizens Commission recommendation and highest protection of citizens of Buffalo. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSION ON CITIZEN RIGHTS NO. 64 R. TOBE- RESIGNATION FROM POSITION OF COMMISSIONER OF EDPI Dear Mayor Brown, As you have requested, I hereby submit my resignation as Commissioner of the Department of Economic Development Permit and Inspection Services effective at 12:00 p.m. (24:00 hours) on the night of July 4, 2008. 1 will separately resign from the positions that I hold as a result of my position with the City of Buffalo. I will work with you and other personnel within City Hall over the next two weeks to assure a smooth and professional transition. RECEIVED AND FILED NO. 66 B. YUHNKE -FUEL CRISIS HITS THE TAXICAB INDUSTRY HARD The dramatic and unprecedented rise in the cost of gasoline in the United States is creating a crisis situation for the taxicab industry and the communities we serve. As of June 3, the American Automobile Association (AAA) reported that the national average price to purchase a gallon of regular gasoline was $3.978, the highest price ever. AAA also reported (www.fuelgaugereport.com) that just one month ago, a gallon of regular gasoline cost $3.614, and that one year ago, a gallon of regular gasoline cost $3.158. In the past month, the cost of a regular gallon of gasoline has gone up over 10%, for the past year it is up over 25 %, and for the past two years it is up over 37 %. Taxicab Fare Strategies Transportation companies that control their own rates are adopting two primary fare increase strategies. Some are adopting permanent fare increases as they do not expect the cost of fuel to drop appreciably, and they report that many other transportation costs are going up. Others are maintaining their current rate structure and implementing a fuel surcharge that can be more quickly adjusted up or down as circumstances warrant. For taxicab companies that have their fares controlled by a fare - setting entity, such as a city council, the situation is far more bleak. While some communities have moved expeditiously to address service problems created by rapidly increasing operating costs many others have rate increases tied up in the standard public hearing process. Should these communities take several months to pass the necessary rate increases, then service levels will decline as drivers leave this industry resulting in fewer vehicles on the road, more driver refusals to deadhead any appreciable distance to pick up fares, and passenger overcharges as drivers struggle to pay for their fuel. Taxicab Operation Cost Data Regulators of taxicab fares need to know that TLPA's 2007 Taxicab Fact Book (which gives national average taxicab statistics for the year 2006) reports that the average taxicab travels 58,333 miles per year, the average taxicab vehicle gets 16.56 miles per gallon of gasoline, and the average reported trip length is 6.93 miles. We did not ask for number of paid miles versus unpaid (deadhead) miles for 2006, but it is believed to be approximately 50% paid miles and 50% unpaid miles. So, in a year, the driver of the average taxicab will purcbase 3,523 gallons of gasoline. At the average price of a gallon of regular gasoline in 2006 ($2.892) the driver would have paid $10,189 for fuel. At the June 3, 2008 cost of a gallon of regular gasoline ($3.978) the driver will pay $14,014 this year. That translates into an increased cost of $3,825, more than a 38% increase in the cost of being a taxicab driver. Another way of stating it is that without a rate increase, drivers will see '- their net income and their family s standard of living decrease by $3,825 in 2008 compared to 2006. The 2007 Taxicab Fact Book also reports that the average cost of operating a taxicab on a per mile basis for 2006 was $0.94. Of the $0.94 operating cost per mile, $0.19 was for fuel and oil, making fuel and oil account for 20.2% of the total operating cost of a taxicab in 2006. If one increases the $0.19 cost of fuel and oil in 2006 by 37.6% (the average increase in the cost of a gallon of regular gasoline from June 2006 to June 2008), that equates to fuel and oil accounting for $0.263 per mile or 26% of the current operating cost of a taxicab per mile. Since the price of fuel continues to increase, it seems pretty safe to assume that fuel and oil will account for at least a 6% increase in the total cost of operating a taxicab or a little over $0.06 per mile increase in the overall cost of operating a taxicab. That $0.06 per mile increase in taxicab operating expenses is just for gas and oil and does not reflect other cost increases the industry has sustained in the past two years for insurance, vehicle acquisition, office labor, maintenance labor and parts, depreciation, fees, taxes, etc. Taxicab Rate Increases So what does the cost of fuel and oil accounting for 26% of the total cost of providing taxicab service mean to the taxicab industry? First, it strongly indicates that any community that does not have over a $2.00 drop charge and over $2.00 per mile thereafter has a taxicab industry that is in desperate need of a fare increase. Many communities have recognized this fare increase need and have or are in the process of taking action. When reviewing the types of fare increases being given, we are seeing communities adopt two very different strategies. Many communities are giving permanent fare increases, while other communities are giving temporary fuel surcharge increases. The TLPA has not taken a position as to whether it is better to obtain a permanent fare increase or to seek a more flexible fuel surcharge that automatically goes up or down based on the price of fuel. Both have their strong points. A permanent fare increase offers stability in the fare structure for both the industry and its passengers. An automatic fuel surcharge adjustment is very targeted to one volatile cost item and more quickly adjusts for real costs whether they be rising or falling. While there is strong support for a progressive (sliding scale) fuel surcharge that automatically increases or decreases when predetermined triggers are achieved (fuel costs go up or down by X cents per gallon for X consecutive days) there is less support for communities adopting a fixed fuel surcharge (e.g., $1.50 per trip) for a fixed term (e.g., 90 days) that automatically expires unless a new authorization for the fuel surcharge is enacted. Taxicab Fare Increases For the past month, TLPA has been contacting member companies and conducting Internet searches to see what taxicab regulators and taxicab companies are doing to combat the fuel crisis. The resulting fare structures are presented below to assist you in determining how your company or city might address the fuel crisis. Since this article reviews the fuel crisis from June 2006 forward the following fare structures are presented for June 2006 and later. It is unlikely that we were able to find every fare increase adopted since June 2006, but the following is certainly a very good representation of those increases across the United States and represents communities that are large and small communities as well as rural and urban. Permanent Taxicab Fare Increases (enacted in June 2006 or later) Alexandria, VA, $2.75 first % mile, $.40 each addl /mile, $24 per hour clock, April 2007. Anaheim /Orange County, CA, $2.95 first % mile, $.65 each addl 1 /4 mile, $30 per hour clock, May 2008. Anchorage, AK, $3.00 first 1110 mile, $.25 each add'I 1/10 mile, $45 per hour clock, July 2006. Ann Arbor, MI, $3.00 first 117 mile, $.35 each addl 1/7 mile, $24 per hour clock, May 2008. Baltimore, MD, $1.80 first 1/10 mile, $.20 each addl 1/10 mile, $24 per hour clock, September 2006. Baton Rouge, LA, $4.00 first 1 /4 mile, $.40 each addl IA mile, $24 per hour clock, June 2006. Birmingham, AL, $3.00 first -A mile, $.25 each add'I 1/8 mile, $20 per hour clock, April 2008. Charleston, WV, $2.24 first 3/10 mile, $.18 each add'I 1110 mile, $21 per hour clock, January 2008. Charlottesville, VA, $2.00 first 1110 mile, $.46 each add'I 1/6 mile, $24 per hour clock, January 2007. Cincinnati, OH, $3.60 first 1/8 mile, $.20 each add'I 1/8 mile, $24 per hour clock, March 2007. Cleveland, OH, $2.25 first 1/8 mile, $.25 each add'I 1/8 mile, $18 per hour clock, June 2007. Colorado Springs, CO, $2.20 first 1110 mile, $.20 each add'I 1/10 mile, $22 per hour clock, June 2006. Columbus, OH, $2.75 first 119 mile, $.45 each add'I 2/9 mile, $27 per hour clock, June 2007. Forked River, NJ, $7.00 first 1.5 miles, $.25 each add'I 1110 mile, $35 per hour clock, March 2008. Green Bay, WI, $1.75 first 1110 mile, $.50 each add'I 116 mile, $30 per hour clock, November 2006 Greenwich, CT, $3.00 first 1/10 mile, $.25 each add'I 1110 mile, $30 per hour clock, January 2007. Iowa City, IA, $4.00 first 117 mile, $.25 each add'I 117 mile, $45 per hour clock, January 2007. Kansas City, MO, $2.50 first 1110 mile, $.20 each add'I 1110 mile, $40 per hour clock, November 2007. Las Vegas, NV, $3.30 first 1111 mile, $.20 each add'I 1111 mile, $28 per hour clock, October 2007. Los Angeles, CA, $2.45 first 1/7 mile, $.35 each add'I 1/7 mile, $26.53 per hour clock, December 2006. Louisville, KY, $2.30 first 1/5 mile, $.39 each add'I 1/5 mile, $22.85 per hour clock, May 2007. Lubbock, TX, $2.85 first 1116 mile, $. 10 each add'I 1/16 mile, $22 per hour clock, August 2006. Memphis, TN, $2.00 first 1/9 mile, $.20 each add'I 1/9 mile, $20 per hour clock, April 2007. Ocean City, MD, $3.00 first 1110 mile, $.20 each add'I 1110 mile, $50 per hour clock, June 2006. Orlando, FL, $2.20 first 1 /4 mile, $.55 each add'I -A mile, $24.75 per hour clock, February 2008. Portland, OR, $2.50 first 1/10 mile, $.23 each add'I 1110 mile, $30 per hour clock, April 2008. Reading, PA, $2.50 first 117 mile, $.23 each add'I 1/7 mile, $24 per hour clock, December 2007. Saginaw, MI, $2.25 first 1/5, $.40 each add'I 115 mile, $24 per hour clock, February 2007. Salt Lake City, UT, $2.25 first 1/20, $.10 each add'I 1/20 mile, $22 per hour clock, July 2007. San Diego, CA, $2.60 first 1114 mile, $.20 each add'I 1114 mile, $23 per hour clock, March 2007 San Francisco, CA, $3.10 first 1/5 mile, $.45 each add'I 1/5 mile, $27 per hour clock, November 2006. Smithfield, NC, $4.00 first 1.4 miles, $.25 each add'I 1/9 mile, $30 per hour clock, May 2007. Tallahassee, FL, $2.50 first 1/5 mile, $.50 each add'I 115 mile, $25 per hour clock, July 2008. Ypsilanti, MI, $2.50 first 1/7 mile, $.30 each add'I 1/7 mile, $24 per hour clock, May 2007. Average taxicab fare for the above 34 communities is $2.83 first 2/9 mile, $.30 each add'I 1/7 mile, $27.36 per hour clock. For the average seven mile trip, that translates into a taxicab fare of $17.23 assuming no traffic delay or waiting time charges are incurred. Taxicab Fuel Surcharges (currently in effect) Birmingham, AL: Passed an automatic $1.00 per trip fuel surcharge when regular gas costs $4.00 or more per gallon. Chicago, IL: Passed an automatic fuel surcharge, effective April 28, 2008, that is $.50 per trip when the cost of a gallon of regular gasoline exceeds $2.70 for seven consecutive days and $1.00 per trip when the cost exceeds $3.20 for seven consecutive days. Dallas, TX: Passed a $1.50 fuel surcharge per trip effective July 1 to September 3 1, 2008. The taxicab surcharge is automatically evaluated on March 20, June 20, September 20 and December 20 of each year. Fairfax, VA: Passed a $1.00 per trip fuel surcharge that is effective through October 31,2008 when it will be reevaluated. Mr. Bill Yuhnke June 11, 2008 Page 4 Fort Worth, TX: Passed a $1.50 fuel surcharge per trip effective July 1 to September 31, 2008. The taxicab surcharge is automatically evaluated on March 20, June 20, September 20 and December 20 of each year. Houston, TX: Passed an automatic sliding scale fuel surcharge as follows: if the cost of regular gasoline averages more than $3.00 per gallon for the preceding quarter then there is a $.50 per trip surcharge; if gas averages above $3.50 then there is a total of $1.00 per trip surcharge. Miami /Dade County, FL: Passed an automatic sliding scale fuel surcharge as follows: If the cost of regular gasoline averages $3.50 per gallon then there is a $1.00 per trip surcharge; if the gasoline averages $4.00 per gallon then there is a $1.50 surcharge; the $0.50 surcharge increases continue until gasoline averages $5.50 per gallon where the surcharges end at a $3.00 per trip surcharge. Montgomery County, MD: Passed a $1.50 per trip fuel surcharge for May 30 to August 27, 2008. Philadelphia, PA: Passed a $.50 per trip fuel surcharge. Pittsburgh, PA: In March 2008 a new meter rate and fuel surcharge was adopted as follows: $2.25 first 1/7 mile, $.25 each add'I 1/7 mile, $15 per hour clock, plus a per trip fuel surcharge is updated monthly and is added to the drop charge. The current addition to the $2.25 drop charge is $1.10, making the drop charge $3.35 during June 2008. Seattle, WA: Passed a per trip fuel surcharge that adjusts up or down automatically as follows: A $.50 per trip fuel surcharge is enacted if the price of a gallon of regular gasoline exceeds $2.40 for 14 days as published by AAA; $1.00 per trip when gas stays above $2.90 per gallon; $1.50 when gas exceeds $3.40; $2.00 when gas exceeds $3.90 (this is Seattle's current fuel surcharge), $2.50 when gas exceeds $4.40 and $3.00 when gas exceeds $4.90. Next Taxicab Fare Update More taxicab fare information will be published in the 2008 Taxicab Fact Book. The questionnaire for the 2008 Taxicab Fact Book has been distributed to US operator members of TLPA. The deadline for returning the questionnaire is June 20, 2008. The 2008 Taxicab Fact Book is scheduled to be published in August. Among other information, the Fact Book lists complete taxicab fares for approximately 200 U.S. communities. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS PETITIONS NO. 66 T. BROWN, USE766 ELMWOOD, EXPAND EXISTING SIT -IN RESTAURANT ( PUB HRG 7/1 )(DEL) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 67 R SHARK -& O SUPPORT CHANGING MIDLAND ST TO ONE WAY (LOV) We the undersigned are in support of changing Midland St to a one way st going from Abbot towards Mckinley Parkway REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO. 68 B. DAVIS- SECURITY CAMERA PETITION FROM COTTAGE ST BLOCK CLUB Dear Mr. Chwalinski: Please file the enclosed item for further discussion at the next Common Council session to be held Tuesday, June 24, 2008. Thank you in advance for your assistance with this matter. Enclosure Security Camera Petition Quality -of -life crimes have been a continuous problem on Cottage and adjacent streets in Allentown. In the past year and this year, we have been experiencing violent crimes in our area. Some of the residents of our community have been held at gun - point, homes being shot at, home invasions, property theft, and drive -by shooting coming through our community. Due to the inordinate amount of crimes that our community have been experiencing, we, the residents of Cottage street and adjacent streets, are requesting the City of Buffalo and Police Department for one of the new security cameras to be placed on the comer of Cottage and Maryland streets in Allentown to aid in deterring crime in our community. We, the undersigned residents of the Cottage- Street -Block club - a subdivision of the Allentown Association - and adjacent blocks request the City of Buffalo and and Police Department for an urgent consideration of a security camera in the above mentioned location. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 69 J. BOOTH& O- COMPLAINTS ROOMING HOUSE 83 PROSPECT AVE(ELL) Dear Council Member Davis - I am writing to inform you of the concerns that the residents of Prospect Avenue and the West Village neighborhood, as a whole, have in regards to an historic property located at 83 Prospect Avenue. As aforementioned, this letter speaks to the concerns of the entire community which is demonstrated by the attached submission of 100 signatures from homeowners and renters alike. As such, we would like to establish a meeting date to discuss these concerns with you and work to develop a solution in the best interests of all parties involved, however, we also request the a rooming house license is not granted for this property until all concerns are addressed. The concerns which were the impetus of this letter are serious, as they affect the quality of life of the residents, impacts municipal services such as fire, police and other emergency response services, and the integrity of a reviving historic neighborhood directly adjacent to downtown Buffalo. Through the course of its history, 83 Prospect has evolved in tandem with the course of this city. Most recently it was used as a rooming house for individuals primarily with criminal records and drug addictions. In May of 2007, the residents committed arson to their own home making the building inhabitable for over a year now during which lime Prospect Avenue and the West Village neighborhood has experienced a tranquility and quality that has not existed previously in our lifetimes. I say this because over the past year many of the nefarious activities that were witnessed on a daily basis have ceased. There are no longer loud disturbances, public intoxication, urination, defecation, late night visitors and excessive litter which normally consisted of empty beer bottles to an assortment of drug paraphernalia. In addition, there are not regular visits by the police department, fire department and other emergency vehicles responding to the continued and excessive calls which emanated from the dwelling at all times of the day and night. The previous perpetrators of these activities have since IeR in addition to the regular visitors who also contributed to the neighborhood challenges. Currently, 83 Prospect has seen new owner -drip and the damage caused by the fire has been repaired. However, while initially feelings were generally of hope and optimism that the building would follow the natural progression of revitalization in what we are seeing downtown and in our own neighborhood, that does not appear to be the case. The new owner, Max Levin, has changed his story several times and when approached to attend a block club meeting expressed that he felt it would be "putting his foot in the fire" and has since retained a lawyer as opposed to working directly with the neighbors. It also appears that most of the work occurring at the property is happening under the radar and without the necessary permits while completely disregarding the fact the property resides in a neighborhood that has the distinction of having city, state and national historical designation status. As residents of Prospect Avenue and the West Village we request a meeting to discuss the issues identified, the need for a better use of the property and the need to have an open an honest dialogue to create a positive outcome for our community. Sincerely, REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF EDPI NO. 70 GRANT FERRY ASSOCIATION -G. KINSLEY & O LOT AT 366 W. FERRY (NIA) Dear Mayor Brown, There has been much discussion as of late regarding tile fate of the vacant property located at 366 West Ferry Street. This residential area is a direct corridor to the Grant -Ferry business district, poised for revitalization if it isn't further compromised by poor planning decisions and ill- advised development. 366 West Ferry is an ideal opportunity for the citizens of this area to extend the success of the Elmwood District into the Grant /Ferry corridor. West Ferry Street takes pedestrians and vehicular traffic from the circle at Richmond westbound to Grant Street, and 366 West Ferry sits right on the middle stretch of this Condition The entire block on which the house at 366 used to exist is otherwise complete no other houses have been torn down along the West Ferry side. The remaining homes are mostly owner - occupied with a couple of rentals that are well- managed by their owners. We feel that 366 is poised to be a cornerstone for this block, and the possibility of a parking lot at this location is anathema to this notion. A much more responsibly- conceived green space owned by professional architects and landscape designers, who have already committed to this project, would increase residential property values and would affect efforts at population retention /attraction, which directly impacts tile city mx base. It would enliven a spirit of community among the neighborhood, and would even be good, aesthetically, for La Nova's. A parking lot would do none of these things. There are a plethora of sound, weighty reasons why the sale of this vacant lot to La Nova's Pizzeria is a very poor decision. Without a reasoned discussion, these reasons may never be brought to the table. La Nova's has "cried wolf that they might leave their location should they not gel their way, and your administration has held their hand from the initial demolition of the property through the Real Estate Division all the way to the Common Council. Since the zoning board is appointed by the Mayor. it stands to reason that La Nora's can expect Mayoral influence there too. It is counterintuitive that La Nova's would abandon their location if they don't acquire this lot, but even if they were to leave, it is inconceivable that their business location would go without a tenant for very long: other pizzerias would jump al the chance to take over their highly trafficked location. The city has already greatly helped La Nova's with Empire Zone tax credits and countless other assistances. When will your administration do something to help the homeowners and taxpayers in this area? The reasons for denying La Nora's bid to purchase the property at 366 ;Vest Ferry are numerous 1. Any attempt to re -zone the lot as a parking lot will be diligently, fervently opposed by the homeowners in the immediate and larger area, as well as by the Grant Ferry Association and several community block clubs (please see attached petitions). Without zoning board approval, and short of a parking lot, La Nova's has no design to enhance the neighborhood by improving this vacant lot. 2. La Nova's doesn't maintain the parking lots they have. Their garbage blows from their parking lots all over the neighborhood, generates rodents, and they allow their employees and patrons to park in a completely haphazard manner, to the severe detriment of pedestrian traffic, NFTA bus routes, and the safety of passing vehicles. We have a lo! o[ photographic documentation to support this claim. Every weekend we sweep tip the streets, boulevards, and sidewalks of the intersection of West Ferry and Hampshire, and a great majority of the garbage removed is from La Nova's - napkins, pizza boxes, chicken bones, pizza crusts, empty plastic chicken wings bags, submarine sandwich wrappers. etc. It isn't difficult to figure out to whom this Stuff belongs, because most everything generated by La Nova's says "La Nova's'[ 3. La Nova's already owns at least two vacant lots on the Hampshire Street side of their property that directly abut their property that could provide more than ample parking to solve their current parking problems. Presently these arc gravel lots and are underutilized as parking, aside from being an eyesore. 4. A parking lot at .366 W. Ferry would reduce the residential property values on this block: it would simply look terrible. A green space /micro - garden would look phenomenal. 5. There is already ample parking in the area, albeit ill <conceived. Any urban planner with ten minutes to look over this idea would agree, and several have. Their voices may be coming forward soon in the media, 6. A parking lot would greatly discourage the citizens who have for years been putting sweat equity into Ibis area. cutting the grass for senior citizens who can't, getting the city to plan trees. sweeping the streets, citizens who have been holding down the fort against the encroaching drug dealers, squatters, and criminals. Mayoral support for a parking lot in tile face of so much opposition will cause citizens to distrust your administration and tile system at large. A parking lot would make these denizens feel that their tax dollars and their elbow grease are unappreciated. At its heart, this is a quality of life issue. 7. La Nova's may .have dozens upon dozens employees, but most are part -time with a frequent turn -over, and few of these are skilled positions. Of tile skilled employees, we wonder how many are actually city residents. Further. tile bulk of La Nora's employees have no regard whatever for the negative impact they perpetuate in our community. The), simply don't care. Just a couple of weeks ago. on Thursday night 6/12108 at I: 15am, —c were awoken by a fireworks display originating in La Nova's parking lot. We went outside to ask them to cease the activity, only to witness that it \ „'its not only tile part -time La Nova's pizza delivery guys doing this, but also La Nova's management. There were eight full -grown male adults lighting off fireworks in La Nova's parking lot at 1: 15am on a week- night, seemingly oblivious to the honest, hard - working residents who live all around tile business and who have to get their children to school and go to work the next morning. When we confronted them. the employees told us to "get used I(1 it,” followed by laughter. This is. by far, not an isolated incident. 8. La Nova's employees are obnoxious, disrespectful, and detrimental to our community. Tile blaring music 1'ram their car stereos, their late -night parking lot antics, and their drug use habits all negatively impact our neighborhood. Check the 911- records from the last three years, and you'll see how many late -night calls have been registered against La Nova's for their disrespectful) unlawful, and disruptive behavior. Two houses ill the immediate area were raided for dealing heroin and crack - cocaine two years ago. and on more than one occasion we witnessed La Nova's employees frequenting these houses (111 their breaks. It's easy to pick them out. because the.,,' wear brightly - colored Lit Nora's t shirts. You have "[stressed] the importance of keeping [La Nova's] in the Grant -Ferry area" (Bt{( —;,do News 6/3/08 ). In light of everything above, can you please explain how the self- aggrandizing intentions of this business are more important to this community than the very real needs of its denizens? Why does one pizzeria have your audience while all the homeowners of this neighborhood do not? As far as we are concerned, the only cogent comments to come out of city hall so far on this issue were those o1" our Councilman, David Rivera. when he observed that "something stinks here" (IBM). The children in our area have no green space whatsoever. Residents and homeowners do what we can with postage -stamp fl'ont yards, but the sidewalk is the kids' mare play venue. A green space on this block would afford children and adults in the area a much needed respite from the concrete jungle and constant traffic that is otherwise our front yard. The issue of 366 W. Ferry's demolition is another interesting concern. There are several houses in the area that have been on the demolition list much longer and are in a far greater blighted state than 366 was. The owner lost the property in housing court just last summer. We walked through the property with the Real Estate Division's maintenance crew right after the city acquired it, and as compared with other nearby blighted structures that we have also walked through, it was in poor but not particularly dangerous shape: we have the photographs to prove this claim. We tried to acquire the property through John Hannon of the Real Estate division. He rarely returned our phone calls and made the proposition of rehabilitating this structure such an uphill battle that we eventually gave up. In retrospect, his agenda (your agenda) seems clear. That the city fast - tracked and paid for demolition of this property, with full knowledge of La Novel's parking lot interest well before the demo, reeks of political favoritism. cronyism, and abuse of taxpayer monies. If Mr. Bockstahler of 65 Arnold St. had gone to the Buffalo Real Estate division therefore 366 was demolished to express his interest in the property for the purpose of expanding his backyard and increasing his property value (and, in turn, his properly taxes, as his assessment would certainly increase), it is likely the real estate division would have told him that we needed to pay for the asbestos abatement and demolition, and with La Nora's agenda in mind. would probably have put so many roadblocks in his way that he, too, would have given up. In light of a considerable counter -offer the city received last week for the lot, why would the city want to settle for La Nora's $3,700 for this property? Aren't there other considerations that should be deliberated': The monetary value that the neighboring property owners stand to lose with the installation of a parking lot is much greater than the $3,700, $4.700. or even $10,000 that the city could expect from this sale. The monetary loss that neighboring property owners would suffer should far outweigh any benefit that a private parking lot would afford, Before the city ushers in a new parking lot for La Nova's, why doesn't the city hold Let Nora's accountable for maintaining the property they have? It isn't that we begrudge La Nova's the opportunity to continue their business we don't - it's that we can't take any more of their negative impact on our community, and we abhor their existing irresponsible business practices. Mayor Brown, this decision will have an enormous effect on our quality of life in this neighborhood. As far as the many people who have voiced their opinions in this matter are concerned, for whatever reason, you have chosen to take up the agenda of one pizzeria over the very reasonable agenda of the many taxpayers, property owners, community activists, and voters of Buffalo. You have the opportunity to do the right thing here. In the long -term, it is in the best interest of the City of Buffalo that the denizens of this area are owner - occupied, property- maintaining, voting taxpayers with access to green space. Alienating these individuals, particularly in such a high - profile manner and in such a high profile location, will be something that those involved will be very slow to forget. ]'his is an opportunity to do something meaningful and lasting for our residential community. Please do the right thing. REFERRED TO THE COMMITTEE ON LEGISLATION REGULAR COMMITTEES CIVIL SERVICE (BONNIE E. RUSSELL, CHAIRPERSON) NO 71 APPT PRINCIPAL ACCOUNTANT (TEMP(MAX)(BARRETT)(COMPT) (# 10, 6/10) That ccp #10, 6/10/08 be Received and Filed and that the Temporary Appointment of James Barrett, 147 Marine Drive, 3H, Buffalo, NY 14204 at the Maximum salary of $56,164.00 is hereby approved PASSED AYES -7 NOES -0 NO 72 APPT LABORER II (PERM)(MAX)(FILER)(PW) (# 21, 6/10) That ccp #21, 6/10/08 be Received and Filed and that the Permanent Appointment of Norman Filer, 141 Zittel, Buffalo, NY, 14210 at the Maximum salary of $27,833.00 is hereby approved PASSED AYES -7 NOES -0 NO 73 NOTICES OF APPOINTMENTS - TEMP /PROV /PERM(CTY CLK) (#34,6/10) That the above item be the same and is hereby Received and Filed ADOPTED FINANCE (MICHAEL P. KEARNS, CHAIRMAN) NO 74 CONTRACT AMENDMENT BETWEEN ALLIED WASTE SERVICE AND CITY (ITEM NO. 14, C.C.P., JUNE 10, 2008) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Kearns moved: That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized 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 Contract No. 93000070 /amendment extension to continue picking up recycling throughout the City. PASSED AYES — Franczyk, Golombek, Kearns, LoCurto, Rivera 5 NOES — Davis, Fontana 2 NO 75 BFNC LETTER REQUESTING CAPITAL IMP /MASTEN PLAYGROUND (ITEM NO. 20, C.C.P., JUNE 10, 2008) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Kearns moved: That the Above item be the same and hereby is received and filed. ADOPTED NO 76 J. HORUNG - BFNC LETTER REQUESTING CAPITAL IMP /MASTEN PLAYGROUND (ITEM NO. 51, C.C.P., MAY 27, 2008) (ITEM NO. 40, C.C.P., JUNE 10, 2008) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Kearns moved: That the above - mentioned item be and the same is hereby received and filed. ADOPTED NO 77 AUDIT OF MAYORS IMPACT TEAM(COMPT) ( #18, 5/27) That the above item be the same and is hereby Received and Filed ADOPTED NO 78 REQUEST ACCEPTANCE TO EXPAND NYS HOMELAND SECURITY GRANT (ITEM NO. 33, C.C.P., MAY 27, 2008) That the Commissioner of Fire be, and he hereby is authorized to accept and expend NYS Office of Homeland Security #WM07834275 MMRS Grant funds totaling $258,145 in accordance with the grant guidelines to equip the City with a Mass Casualty Transport Vehicle. PASSED AYES -7 NOES -0 NO 79 B. DAVIS - BFNC LETTER REQUESTING CAPITAL IMP /MASTEN PLAYGROUND (ITEM NO. 51, 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 above item be recommitted to the Committee on Finance ADOPTED NO 80 RESULTS - REAL ESTATE AUCTION - SEPTEMBER 22, 2007, 31 KOONS (ITEM NO. 14, C.C.P., JAN. 22, 2008) (ITEM NO. 57, C.C.P., FEB. 5, 2008) (ITEM NO. 86, C.C.P., MAY 13, 2008) That the Common Council approve the transfer of title to Josephine Modeste for 273 Brinkman, in the amount of three hundred and fifty dollars ($350.00), in accordance with the terms and conditions of the sale. That the Office of Strategic Planning be Authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offers were submitted. PASSED AYES -7 NOES -0 Mr. Kearns moved that 24 Manhattan and 144 Glenwood be recommitted to the Committee on Finance Adopted NO 81 APPROVAL OF CONTRACT FOR A NEW TELEPHONE SYSTEM(M1S) ( #1 L, 3/18) That the above item be the same and is hereby Received and Filed ADOPTED NO 82 APPROVAL OF CONTRACT FOR THE PROVISION AND INSTALLATION OF VIDEO /SURV EQUIP (MIS) (#12,3/18) That the above item be the same and is hereby Received and Filed ADOPTED COMMUNITY DEVELOPMENT (MICHAEL J. LOCURTO, CHAIRMAN) NO 83 E. BOCKSTAHLER- INTEREST IN PURCHASING 366 W FERRY (NIAG) ( #35, 06/10) That the above item be the same and hereby is Received and Filed. ADOPTED NO 84 RESULTS OF NEGOTIATIONS - 28 PERKINS (ITEM NO. 8, C.C.P., MAY 13, 2008) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Kearns moved: That the offer from Ms. Jeanne C. Caryl, residing at 420 Breckenridge Street, in the sum of two thousand and nine hundred dollars ($2,900.00) for the purchase of 28 Perkins, be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Corporation Counsel be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer, was submitted. PASSED AYES -7 NOES -0 NO 85 RESULTS OF NEGOTIATIONS -392 GENESEE (ITEM NO. 20, C.C.P., MAR. 4, 2008) (ITEM NO. 63, C.C.P., MAR. 18, 2008) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. LoCurto moved: That the offer from Mr. Michael Lin of Buffalo Sonic Blinds, Inc., 127 Cherry Street, in the sum of two thousand and three hundred dollars ($2,300.00) for the purchase of 392 Genesee Street, be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Corporation Counsel be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES - 7 NOES — 0 NO 86 B. RUSSELL -REQ MEETING WITH COB AND UNIV HEIGHTS CC REQ CRIME PREV ( #59, 04/01) That the above item be the same and hereby is Received and Filed. ADOPTED NO 87 RESULTS OF NEGOTIATIONS - 441 EAST FERRY (ITEM NO. 7, C.C.P., APR. 15, 2008) (ITEM NO. 81, C.C.P., APR. 29, 2008) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. LoCurto moved: That the above item be recommitted to the Committee on Community Development ADOPTED LEGISLATION (JOSEPH GOLOMBEK JR., CHAIRMAN) NO 88 P. CAVARETTA, PETITION TO USE 1065 ELMWOOD - CONVERT EXISTING STORE TO TAKE -OUT RESTAURANT (ITEM NO. 52, C.C.P., JUNE 10, 2008) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Golombek moved: That after the public hearing before the Committee on Legislation on June 17, 2008, the petition of P. Cavaretta, agent, for permission to use 1066 Elmwood to convert an existing store to a take -out restaurant be, and hereby is approved. PASSED AYES -7 NOES -0 NO 89 B. MELBER, PETITION TO USE 483 DELAWARE - USE RESTAURANT /NIGHTCLUB TO ADD A NEW RESTAURANT (ITEM NO. 53, C.C.P., JUNE 10, 2008) That that 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 90 D. CONNORS, PETITION TO USE 234 DELAWARE A/K /A 117 CHIPPEWA WEST, SIDEWALK PATIO (ITEM NO. 54, C.C.P., JUNE 10, 2008) That after the public hearing before the Committee on Legislation on June 17, 2008, the petition of D. Connors, owner, for permission to use 234 Delaware a /k/a 117 Chippewa West for a 6'x 30' sidewalk patio to the front of an existing bar /restaurant on the 117 Chippewa West side be, and hereby is approved. PASSED AYES -7 NOES -0 NO. 91 R. PLATT, PETITION TO USE 51 MOHAWK EAST, OUTDOOR PATIO (ITEM NO. 55, C.C.P., JUNE 10, 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. 92 B. LOUIS - SUPPORT PROPOSED WORK AT 72 -76 PEARL ST (#43, 6/10) That the above item be the same and hereby is Received and Filed. ADOPTED NO. 93 GOV D. PATERSON -THE NYS RETURNABLE CONTAINER ACT (#44, 6/10) That the above item be the same and hereby is Received and Filed. ADOPTED NO. 94 D. SMITH - REQUEST J. COOPER III BE APPOINTED TO BFLO ARTS COMM ( #50, 6/10) That the above item be the same and hereby is Received and Filed. ADOPTED NO. 95 ORDINANCE AMENDMENT - CHAPTER 437 - TAXICABS, LIVERIES AND SIGHTSEEING BUSES (ITEM NO. 104, C.C.P., JUNE 10, 2008) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Golombek moved: That the Ordinance Amendment as contained in Item No. 104, C.C.P., June 10, 2008, be and the same hereby is approved. PASSED AYES — FONTANA, FRANCZYK, GOLOMBEK, KEARNS, LOCURTO, RIVERA - 6 NOES - DAVIS - 1 NO. 96 LOCAL LAW INTRO. NO.4 (2008) COLD WAR VETERANS - ASSESSMENT (REM NO. 117, C.C.P., JUNE 10, 2008) That the Local Law as contained in Item No. 117, C.C.P., June 10, 2008, be and the same hereby is approved. PASSED AYES -7 NOES -0 NO. 97 RESTAURANT DANCING CLASS III - 228 FRANKLIN (ITEM NO. 37, C.C.P., APR. 29, 2008) (ITEM NO. 97, C.C.P., JUNE 10, 2008) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Golombek moved: That pursuant to Chapter 150 of the City Code, the Commissioner of Economic Development, Permit & Inspection Services be, and he hereby is authorized to grant a Restaurant Dancing Class III License to Elizabeth Audet, d /b /a Myst, located at 228 Franklin. Approve with the following conditions: There will be no one under the age of21 years be permitted after 10:00pm If present, graffiti must be removed from exterior of establishment within 72 unless employed by establishment (No Co- mingling of Patrons) hours Exterior of premise must be cleaned and free of debris by 7:00am each morning this shall include removal of trash from any recepticles in front or adjacent to property There shall be no plastic banners and /or non permanent signage displayed between the hours of 7:00am - 9:00pm daily There shall be no outdoor music allowed PASSED AYES -7 NOES -0 NO. 98 PHILLIPS LYTLE, LLP, PETITION TO REZONE 975 AND 1005 FUHRMANN BOULEVARD (ITEM NO. 69, C.C.P., MAY 27, 2008) That the Common Council of the City of Buffalo does hereby ordain as follows: That that part of the Zoning Ordinances of the City of Buffalo, Section 511 -126 of Article XXV of Chapter 511 as it relates to the use map thereof be amended to show a "CM" General Commercial District rather than a "M -3" Heavy Industrial District for the premises known as 975 and 1005 Fuhrman Boulevard, and more particularly described as follows: ALL THAT TRACT OR PARCEL OF LAND situate in the City of Buffalo, County of Erie and State of New York, being part of Lot No. 4 of the Ogden Gore Tract, so called, bounded and described as follows: BEGINNING at the point of intersection of the northerly line of Lot No. 4 of the Ogden Gore Tract with the westerly line of Harbor Turnpike (formerly the Sea Wall Highway Extension); thence along the dividing line between lands of the Lehigh Valley Rail Way Co. and lands of the Buffalo Creek Rail Road Co. the 3 following courses and distance: (1) South 68 4725" west along the said northerly line of Lot No. 4 of the Ogden Gore Tract, 100.29 feet to the shore line of Lake Erie as it existed in August, 1916; (2) South 20 40' 35" east along said shore line as it existed in August, 1916, 1.65 feet to a point; (3) South 69 19' 25" west 1646.47 feet to the Harbor line established by the United States Government and approved march 27 1899; (4) South 27 735" east along the said Harbor line, a distance of 503.18 feet to a point distant 500 feet southerly measured at right angles thereto from the third course hereinabove described, dividing the land of the Lehigh Valley Railway Co. and lands of the Buffalo Creek Rail Road Co.; (5) North 69 19'25" east parallel to and distant 500 feet southerly measured at right angles thereto from the third course above mentioned a distance of 1847.49 feet to the westerly line of the Harbor Turnpike (formerly Hamburg Turnpike); thence along the said westerly line of the Harbor Turnpike (formerly Hamburg Turnpike) the following 3 courses and distances: (6) North 32 25'45" west, 218.68 feet to an angle; (7) North 57 34' 15" east at right angles to the last course 12 feet to an angle; (8) North 32 25' 45" west, 218.97 feet to an angle in said line; (9) North 68 46' 30" west along the westerly line of the Harbor Turnpike (formerly the Sea Wall Highway Extension), a distance of 107.28 feet to the place of beginning. EXPECTING THEREFROM those portions of the above described premises conveyed to the City of Buffalo by deed recorded in the Erie County Clerk's Office in Liber 5506 of Deeds at page 27 and those portions taken by the State of New York, by notice of appropriation being Map No. 310, Parcel No. 321 recorded in the Erie County Clerk's Office in Liber 6750 of Deeds at page 26. Tax Map No. 132.06 -1 -1.1 and 132.06 -1 -1.2 These Premises are more commonly known as 975 and 1005 Fuhrmann Blvd., City of Buffalo, NY 14203 This rezoning shall be effective providing the following conditions are met: That this rezoning shall not be effective unless and until a certified copy thereof has been filed by the petitioner in the offices of the Erie County Clerk's Office and proof of such filing is submitted to the City Clerk's Office. That this rezoning will not be effective until such conditions as set by the City Planning Board are met. That this Common Council finds this action to be an Unlisted Action under the S.E.Q.R. Act and adopts petitioner's findings such that no further environmental review is required under said Act. It is hereby certified, pursuant to Section 3 -19 of the Charter that the immediate passage of the foregoing ordinance is necessary. Approved as to Form Alisa A. Lukasiewicz Corporation Counsel By: Timothy A. Ball Assistant Corporation Counsel PASSED AYES -7 NOES -0 NO. 99 PHILLIPS LYTLE LLP - REQUEST TO REZONE PROPERTY FOR QUEEN CITY LANDING MIXED -USE DEVELOPMENT (ITEM NO. 57, C.C.P., MAY 27, 2008) That the request of Phillips Lytle LLP as agent, application for rezoning to include both 975 and 1005 Fuhrmann Boulevard, being tax parcels 132.06 -1 -1.1 and 132.06 -1 -1.2 is hereby approved on terms not in consistent with those ordained in the approval of Item No. 69, C.C.P., May 27, 2008. PASSED AYES -7 NOES -0 NO. 100 PHILLIPS LYTLE LLP - REQUEST TO REZONE PROPERTY FOR QUEEN CITY LANDING MIXED -USE DEVELOPMENT SBL: 132.06 -1 -1.2 (ITEM NO. 58, C.C.P., MAY 27, 2008) That the request of Phillips Lytle LLP as agent, application for rezoning to develop a mixed -use community with residential condominiums, an apartment tower, retail structures, a marina, and a luxury hotel and conference center with associated recreations and landscaping features, be and hereby is approved. PASSED AYES -7 NOES -0 NO. 101 B. DAVIS - ALLENTOWN ASSOC LETTER RE: STILLWATER PATIO REQUEST ( #50, 5/27) That the above item be the same and hereby is Received and Filed. ADOPTED NO. 102 J. MCCARTHY, AGENT, USE 483 DELAWARE, SIDEWALK CARE & PATIO IN REAR YARD (ELL)(HRG 5/20) ( #88, 5/27)( #70, 5/13) That the above item be the same and hereby is Received and Filed. ADOPTED NO. 103 A. RANDACCIO -NFTA REQ ENCROACHMENT PENN -CITY ROW ON N DIV BTWN OAK & ELL ( #62, 5/27) That the above item be the same and hereby is Received and Filed. ADOPTED NO. 104 M. HENDERSON -UB POLICE DEPT INPUT -RES# 113,4/29/2008 ( #53, 5/13) That the above item be the same and hereby is Received and Filed. ADOPTED NO. 105 R. STANTON -REQ TO DEVELOP R -3 LAND IN DOWNTOWN SECTOR OF HOZO SURFACE PKG ( #68, 5/13) That the above item be the same and hereby is Received and Filed. ADOPTED NO. 106 K. LEWANDOWSKI - NYSDEC - BROWNFIELD CLEANUP PROG APPL.- BUFFALO COLOR CORP ( #60, 4/29) That the above item be the same and hereby is Received and Filed. ADOPTED NO. 107 V. FEDEFICONI, AGENT, USE 743 HERTEL, AKA 699 HERTEL FOR HSF ( #70, 4/15) That the above item be the same and hereby is Received and Filed. ADOPTED NO. 108 RESP - CAMPOREE 2008 WAIVER OF CURFEW IN DELAWARE PARK (MAYOR) ( #1, 4/1) That the above item be the same and hereby is Received and Filed. ADOPTED NO. 109 CAMPOREE 2008 WAIVER OF CURFEW IN DELAWARE PARK (PW) (#14,4/1) That the above item be the same and hereby is Received and Filed. ADOPTED NO. 110 J. HORNUNG 8R, C. COLINS- SUPPORT CAMPOREE 08 WAIVER OF CURFEW IN DEL PK (#62,4/1) That the above item be the same and hereby is Received and Filed. ADOPTED NO. 111 FOOD STORE LICENSE - 3221 BAILEY (ITEM NO. 35, C.C.P., MAY 13, 2008) That pursuant to Chapter 194 of the City Code, the Commissioner of Economic Development, Permit & Inspections Services be, and he hereby is authorized to grant a Food Store License to Colin Rhodes, located at 3221 Bailey Avenue (4 -H Tip Top Enterprises). PASSED AYES -7 NOES -0 NO. 112 FOOD STORE LICENSE - 1531 DELAVAN EAST (ITEM NO. 33, C.C.P., APR. 15, 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. 113 FOOD STORE LICENSE - 88 LISBON (ITEM NO. 46, C.C.P., MAR. 4, 2008) That pursuant to Chapter 194 of the City Code, the Commissioner of Economic Development, Permit & Inspections Services be, and he hereby is authorized to grant a Food Store License to Borhan Ali, located at 88 Lisbon (Buff City Exclusive). PASSED AYES -7 NOES -0 NO. 114 FOOD STORE LICENSE - 1445 EAST DELAVAN (ITEM NO. 36, C.C.P., MAY 15, 2007) (ITEM NO. 114, C.C.P., DEC. 11, 2007) 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. 115 FOOD STORE LICENSE - 882 NORTHLAND (ITEM NO. 36, C.C.P., MAY 13, 2008) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Golombek moved that the above item be recommitted to the Committee on Legislation ADOPTED NO 116 D. BONIFACIO- STONEWALL DEMOCRATS OF WNY BELIEVE COB SHOULD INSTITUTE A DOMESTIC PARTNER PROGRAM ( #78, 9/4) That the above item be the same and hereby is Received and Filed. ADOPTED NO 117 M. KEARNS-COM PLAINT WEYAND AVENUE ( #94, 9/4) That the above item be the same and hereby is Received and Filed. ADOPTED RESOLUTION NO 118 BY: BRIAN C. DAVIS APPOINTMENT OF SENIOR LEGISLATIVE ASSISTANT Whereas: Kimberly R. German is hereby appointed to the position of Senior Legislative Assistant in the Ellicott District Council Office; and Whereas: The effective date of this appointment shall be July 1, 2008. Now, Therefore Be Resolved: That Kimberly R. German is appointed to the position of Senior Legislative Assistant effective July 1, 2008 in the Ellicott District Council Office. ADOPTED NO 119 BY: MR. FONTANA RE: WAIVE DISPOSAL FEES FOR HABITAT FOR HUMANITY OF BUFFALO - SOUTH OGDEN TRANSFER STATION FOR THE 2008 -2009 FISCAL YEAR WHEREAS: The City owns a transfer station on South Ogden and private citizens may use this facility to dump bulk trash on their own as a way to alleviate heavy trash pile up on city streets for a fee; and WHEREAS: Habitat for Humanity volunteer work force continues to rehabilitate older homes and build new ones; ever advancing their mission to increase home ownership and property tax revenue for the City of Buffalo; all while strengthening our City; and WHEREAS: Ninety cents of every dollar Habitat for Humanity spends is strictly directed towards construction expenses; and WHEREAS: As a measure of partnership and commitment, Habitat for Humanity has requested that the City of Buffalo waive all waste disposal fees for 2008 -2009; and WHEREAS: Habitat for Humanity has an excellent reputation as a not - for - profit organization; and WHEREAS: In May 2008, Habitat dedicated the 177 and 178 home, it has provided home ownership for 718 people including 468 children, 40 families are currently working toward sweat equity qualification of 150 hours; and WHEREAS: The City of Buffalo and the Common Council seeks to maintain and encourage such a valuable partnership by increasing our support to all causes aimed at strengthening and revitalizing our City neighborhoods. NOW THEREFORE BE IT RESOLVED THAT: The Buffalo Common Council does hereby waive all disposal fees for 2008 -2009 for Habitat for Humanity of Buffalo at the South Ogden Transfer Station in order to promote our goal of increasing home ownership in the City of Buffalo. PASSED AYES -7 NOES -0 NO 120 BY: MR. FRANCZYK APPOINT KAREN PRIVATEER LEGISLATIVE ASSISTANT - CENTRAL STAFF OFFICE WHEREAS: I, David A. Franczyk, President of the Buffalo Common Council do hereby appoint Karen Privateer, who resides at 78 Niagara Falls Boulevard, Buffalo, NY 14214 to the position of Legislative Assistant in Central Staff office; and WHEREAS: for the past 4 years, Karen Privateer has worked in Central Staff Office as a Legislative Aide, and is quite capable of filling this new position; NOW THEREFORE BE IT RESOLVED THAT: Karen Privateer is hereby appointed a Legislative Assistant in Central Staff Office pursuant to Section 3 -7 of the Charter of the City of Buffalo, to be effective July 1, 2008. ADOPTED BY: MR. FRANCZYK NO 121 ENVIRONMENTAL PROTECTION FUND FOR HERITAGE AREAS Whereas: The New York State Legislature created the Environmental Protection Fund (EPF) in 1977 to provide a reliable, dedicated source of funding for a variety of key environmental and coastal resource programs in New York State; and Whereas: The New York Department of State annually solicits grant applications from local government sponsors for the Environmental Protection Fund for Heritage Areas; and Whereas: The City of Buffalo is seeking funds to create and assist with the establishment of the Buffalo River Historic District Park; and Whereas: The Valley Community Association is applying to the New York State Office of Parks, Recreation and Historic Preservation for a grant under the Environmental Protection Fund for a new public access park project. The park will be accessible by both land and water and will promote economic development and viability in the new Cobblestone District; Whereas: As a requirement under the rules of this program, the Valley Community Association must obtain the approval /endorsement of the municipality in which the project will be located; Now, Therefore be it Resolved: That the Common Council of the City of Buffalo does hereby approve and endorse the application of the Valley Community Center for a grant under the Environmental Protection Fund for a new public access park project in the Buffalo River Historic District in the City of Buffalo. ADOPTED NO 122 DAVID A. FRANCZYK EXCUSE COUNCILMEMBER SMITH FROM COUNCIL MEETING ON JUNE 24, 2008 Whereas: Demone A. Smith, Masten District Councilmember, requests permission to be excused from the June 24, 2008, meeting of the Common Council; Now, Therefore, Be It Resolved: That the Common Council of the City of Buffalo excuses Demone A. Smith, Masten District Councilmember, from the June 24, 2008, meeting of the Buffalo Common Council. ADOPTED BY: MR. FRANCZYK NO 123 FRANCHISE VIOLATION BY TIME WARNER Whereas: Time Warner Cable took over the Cable TV Franchise in the City of Buffalo from Adelphia, pledging to live up to all of the requirements in the agreement; and Whereas: Part V, Section 16.1 of the agreement requires that Time Warner provide free Cable TV to a number of municipal buildings, including Buffalo City Hall, as Adelphia had done for many years; and Whereas: Earlier this year Time Warner began billing Councilmembers' offices for providing this "free" service, citing a change in company policy; and Whereas: Not only is this defined as a free service in the franchise agreement, but some of the offices that have been billed by Time Warner are not even receiving any cable TV service; and Whereas: The Office of Telecommunications has notified Time Warner that it is required to provide free service to City Hall as well as other municipal and community buildings, but the cable company has not reversed its position; and Whereas: Time Warner's effort to charge for something that they are required to provide for free appears to be a clear violation of the franchise agreement, and the City should act quickly to remedy this situation; Therefore be it resolved: That this Common Council requests The City's Offices of Telecommunications and the Corporation Counsel to file with the City Clerk a review of this matter; and Be it further resolved: That these reports include an assessment of whether Time Warner's attempt to unilaterally modify Part V, Section 16.1 of the franchise agreement should be considered a breach of the franchise; and Be it further resolved: That these reports also include a review of what steps the City can take to correct this apparent violation; and Be it further resolved: That Timer Warner Cable be requested to provide a formal explanation for its decision to charge for free cable TV service in City Hall; and Be it further resolved: That the City Clerk certify the passage of this resolution and forward copies to the New York State Public Service Commission, and to Time Warner Cable of Buffalo. REFERRED TO THE COMMITTEE ON LEGISLATION THE DIVISION OF TELECOMMUNICATIONS AND THE CORPORATION COUNSEL NO 124 BY: MR. FRANCZYK STRENGTHEN BROADWAY MARKET WHEREAS: Since 1888, the World Famous Broadway Market has functioned as a vital, irreplaceable asset to the people of the City of Buffalo; and, WHEREAS: The City of Buffalo has always afforded great support to the Broadway Market, and has hopes that the Broadway Market will survive and thrive for many, many years to come; and, WHEREAS: Over the decades the Common Council has allocated many millions of dollars of support to the Broadway Market, and the current Fillmore District Council Member has in all likelihood allocated more money and sponsored more resolutions for the Broadway Market than any Council Member in Buffalo's history; and WHEREAS: The furtherance of positive ideas and action plans to improve the Market and help it compete against supermarkets and suburbanization are the truest ways to ensure a healthy Market for years to come; and, WHEREAS: Over the decades, however, save the large numbers of shoppers during the Easter Season, the number of vendors and shoppers have dropped over the years, necessitating the need to "re- imagine" how the Broadway Market can rely on its core of tradition while at the same time embrace new ideas to attract more people to the Market; and, WHEREAS: Recent published reports have underscored the recent difficulties the Broadway Market is currently experiencing, although it remains the unshakable intention of the Common Council to help and improve the Broadway Market serve the neighborhood and the wider community; and, WHEREAS: The current Broadway Market lease is up for renewal on June 30, 2008, affording the ideal opportunity to reexamine how well the current Market governing structure is serving the Market and the city; and, WHEREAS: The Market lease expiration gives the city the ideal opportunity to advance ideas which will improve the Market, including the need for long range planning that will strengthen the Market as opposed to merely managing decline, which jeopardizes the future of the Market; NOW THEREFORE IT RESOLVED: That the Common Council reaffirms its long- standing and strong support for the Broadway Market, as well as its intention to continue to battle the reality of disinvestment caused by sprawl and outmigration on the East Side and throughout the city; BE IT FURTHER RESOLVED: That new lease negotiations for the Broadway Market be contingent on a solid revitalization plan for the Market, which may include the reorganization of the current governing structure; BE IT FINALLY RESOLVED: That the Common Council President appoint a Broadway Market Task Force including interested Council Members and qualified citizens wishing to help turn around the Broadway Market with an eye to being a tremendous cultural, regional and community asset for years to come; BE IT FINALLY RESOLVED: The Brown Administration, which has been supportive of the Broadway Market, works with the Common Council on the new lease as well as any other strategies and initiatives advanced in the interest of the Broadway Market and city. ADOPT 1st: 2nd and 3rd RESOLVE THE REMAINDER REFERRED TO THE REMAINDER REFERRED TO THE COMMITTEE ON FINANCE NO 126 BY: MR. FRANCZYK APPOINTMENT TO CITIZENS PLANNING COUNCIL Whereas: There currently exists at least one opening on the Citizens Planning Council; and Whereas: The appointment of Justin P. Azzarella to the Citizens Planning Council would be beneficial to the City of Buffalo; and Whereas: Mr. Azzarella resides within the City of Buffalo at 750 Ashland Ave and is currently the Executive Director of the Elmwood Village Association. Through his guidance, the Elmwood Village Association has received notable recognition in 2007, being designated as one of the "Ten Best Neighborhoods in America "; and Whereas: With Mr. Azzarella's strong background in organizational and community planning, he would be a great asset to the Citizen Planning Council; Now, Therefore, Be It Resolved: That this Common Council hereby appoints Justin P. Azzarella to the Citizens Planning Council. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE DIVISION OF COLLECTIONS NO 126 SPONSOR: MR. FRANCZYK EXCUSE COUNCILMEMBER RUSSELL FROM MEETING Whereas: Councilmember Bonnie E. Russell will be unable to attend the Common Council meeting on Tuesday, June 24, 2008; Now, Therefore, Be It Resolved: That the Common Council of the City of Buffalo excuses Councilmember Bonnie E. Russell from attending the Tuesday, June 24, 2008 Common Council meeting. ADOPTED NO 127 BY MR. GOLOMBEK DISCHARGE LEGISLATION COMMITTEE "SECOND HAND DEALER 156 EIMWOOD (ELL) (EDPI)" (NO 38, C.C.P., MAY 27, 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 "Second Hand Dealer 156 Elmwood (Ell) (EDPI)" and said item is now before the Common Council for its consideration. ADOPT DISCHARGE PASS W /CONDITIONS AYES -7 NOES -0 NO 128 BY MICHAEL P. KEARNS ESTABLISHING A SPECIAL COMMITTEE OF THE COMMON COUNCIL TO ADDRESS LOCAL PUBLIC TRANSPORTATION ISSUES WHEREAS, Buffalo residents and businesses are increasingly being financially stressed by the rising cost of gasoline, oil and other fuels and as a result, residents now have less disposable income and businesses are less profitable; and WHEREAS, The price of fuel is largely beyond local control and recent geo- political events, continued growth and industrialization in the developing world and the exhaustion of our planet's limited supply of non - renewal fossil fuels make it likely that costs will continue to rise; and WHEREAS, The financial impact of high fuel costs on our community is greatly exacerbated by the fact that City planning and policies over the years have encouraged personal motor vehicle use; and WHEREAS, Today, many residents are completely reliant on personal motor vehicles to commute to their jobs and meet their everyday needs; and WHEREAS, While we cannot control the price of fuel, we can enact policies that will allow our residents and businesses to decrease their reliance on fossil fuels and increase our public investment in light -rail, buses and other forms of public transportation and WHEREAS, Investing in our public transportation and infrastructure will provide Buffalo with a strategic advantage over other localities and regions when competing to retain and attract residents and businesses, private investment and in the short term will create construction jobs; and WHEREAS, Nearly 30% of Buffalo residents, many of whom are financially disadvantaged, and do not own a car, improving our local public transportation system and infrastructure will provide these residents with increased opportunities for employment, shopping and recreation; and WHEREAS, More convenient, reliable and affordable public transportation will also encourage a healthy local economy, add to our cultural vibrancy, and make Buffalo a more attractive place to live, work and own a business; and WHEREAS, It would be beneficial for the City of Buffalo Common Council to establish a Special Committee on Public Transportation to examine ways to make public transportation more convenient, reliable and affordable, identify State and Federal Funding for transportation related projects, and coordinate with the County, neighboring municipalities and residents to develop coordinated, innovative, and cooperative solutions to local transportation issues; and WHEREAS, The Committee on Public Transportation shall be charged with the following: To regularly review ongoing and upcoming City projects administered by the Office of Strategic Planning, the Department of Public Works and the State and Federal Departments of Transportation as relates to their potential impact on local public transportation issues; • To ensure that the City makes an appropriate investment in maintaining, modernizing, and growing our public transportation system and its ridership; • To make and advocate for other recommendations that will decrease community reliance on personal motor vehicles and fossil fuels; • To reach out to, coordinate with and provide a venue for organized labor, community groups, citizens, and those knowledgeable in public transportation issues to work collaboratively to address local public transportation issues; • To formulate and recommend policy that will advance public transportation within the City of Buffalo and, to the extent possible, within Erie County, Western New York and beyond; and WHEREAS, The Special Committee of the Common Council on Transportation will be composed of one (1) Member of the Common Council who shall serve as Chairman and three (3) Members of the Common Council who shall serve as voting members. Pursuant to Section 3 -13 of the City Charter, the membership of said committee shall be appointed by the President of the Common Council, who shall also be charged with appointing and filling any vacancies that may arise on said committee from amongst the membership of the Common Council. The Special Committee on Public Transportation shall meet as deemed appropriate by the Committee Chairman; and NOW THERFORE BE IT RESOLVED, That the Common Council immediately creates a Special Committee on Public Transportation to be composed of one (1) Chairman and three (3) voting members who shall meet to address local public transportation issues. ADOPTED NO 129 SPONSOR: MR. KEARNS A NEW WAY OF PROVIDING NON - FINANCIAL ASSISTANCE TO COMMUNITY BASED ORGANIZATIONS Whereas: The South Buffalo Community Association (SBCA) is a Community Based Organization (CBA) that has requested the assistance of the City of Buffalo to help the SBCA reduce and contain its costs of operation as explained in the memo attached herewith; and Whereas: The City of Buffalo pursuant to enabling legislation is able to use its volume buying ability to purchase goods and services at reduced prices and tax free thereby benefiting the taxpayer by reducing the cost of purchased goods and services and enabling the fullest use of limited tax dollars; and Whereas: The harnessing of this buying capability together with a focus of effort could provide similar, albeit considerable savings to CBA's by lowering their operating costs and enabling the fullest use of their limited program income; and Whereas: Previous initiatives have failed since CBO's were not diligent in reimbursing the City timely for goods and services purchased on their behalf; and Whereas: The use of an advance / imprest based reimbursement process together with the technological advances in the City's purchasing and accounting systems would enable CBO's to deposit funds with the City in advance of using such funds to purchase goods and services for the respective CBO while providing a full and complete accounting of advanced and spent funds; Whereas: The rapid and unanticipated rise in the cost of motor fuel besides placing unprecedented demands on the finances of CBO's, can also serve as an important catalyst for the City to entertain new opportunities for providing non - financial assistance to CBO's. The installation of new policies and procedures that would enable CBO's to advance funds to the City for use in purchasing goods and services more economically, can become an important way of providing non - financial assistance to CBO that would benefit the City, the CBO and most importantly, the taxpayer who in some manner, shape or form often finance the operating costs of CBO's associated with the City. Now Therefore Be It Resolved: That this Common Council hereby requests the Department of Administration and Finance - Purchase Division, the Department of Law and the Department of Audit and Control to report back to this Common Council on the legality of the City providing goods and services to approved CBO's using an advance / imprest payment funding basis; and Be It Further Resolved: That this matter be referred to the appropriate committee of the Common Council pending conclusion of this review effort. ADOPT 1st RESOLVE THE REMAINDER REFERRED TO THE COMMITTEE ON FINANCE NO 130 BY: MR. KEARNS CO - SPONSORS: MR. DAVIS, MR. FONTANA, MR. FRANCZYK, MR. GOLOMBEK DESIGNATE 275 WASHINGTON STREET AS 1 JAMES D. GRIFFIN PLAZA Whereas: The Buffalo Bisons have requested that their primary address be changed from 275 Washington Street to 1 James D. Griffin Plaza; and Whereas: The Buffalo Bison are the sole occupants of the stadium and there are no other buildings or addresses on that particular block of Washington Street; and Whereas: By changing the primary address, the Buffalo Bison and the City of Buffalo can honor the former Mayor who was so instrumental in building the downtown baseball stadium, while recognizing the necessity to retain revenue generated from stadium naming rights that is needed to offset stadium operations and improvements; and Whereas: The designation of 1 James D. Griffin Plaza will serve as a reminder to all of the four -term Mayor and his exhaustive effort to bring professional baseball back to Buffalo in 1979 and eventually construct Dunn Tire Park (formerly Pilot Field) in 1988; Now, Therefore be it Resolved: That after a public hearing on July 15, 2008, the Common Council of the City of Buffalo does hereby designate "1 James D. Griffin Plaza" as the primary address and "275 Washington Street" as an alternate address for the downtown baseball stadium known as Dunn Tire Park, located at 275 Washington Street; and Be it Further Resolved: That the City Clerk be directed to send certified copies of this resolution to the Buffalo Bisons, Department of Public Works Parks and Streets, Corporation Counsel, and David Boardman -the Buffalo Postmaster of the United States Postal Service; and REFERRED TO THE COMMITTEE ON LEGISLATION NO 131 BY: MR. KEARNS, CO- SPONSORS: MR. DAVIS, MR. FONTANA, MR. FRANCZYK, MR. GOLOMBEK NAME OUTDOOR PARTY PLAZA AT DOWNTOWN BASEBALL STADIUM - JIMMY GRIFFIN PLAZA Whereas: On May 27, 2008, the Common Council of the City of Buffalo unanimously adopted a resolution (CCP #104) endorsing a permanent memorial at Dunn Tire Park to pay tribute to former Buffalo Mayor James D. Griffin, who passed away on May 25, 2008; and Whereas: It was Mayor Griffin's persistence that brought baseball back to Buffalo in 1979 and his continued vigor that finally resulted in the construction of a new downtown baseball stadium in 1988; and Whereas: When constructed, Pilot Field (now called Dunn Tire Park) won national accolades for its old -style design and its modern amenities. Its blueprint and design was replicated by many stadiums, including Baltimore's Oriole Park at Camden Yards; and Whereas: Few can argue that without Mayor Griffin's unwavering commitment and perseverance, the downtown baseball stadium may never have been built; and Whereas: This season the Buffalo Bisons have relocated their highly popular Friday Night Bash party to the plaza on Swan Street near Washington Street; and Whereas: It would be a fitting tribute to dedicate the Buffalo Bisons outdoor plaza area as "Jimmy Griffin Plaza" in honor of the former Mayor who always loved a good baseball game and also enjoyed a good party; and Whereas: This enduring honor is truly befitting of the man who was so instrumental in bringing the idea of a downtown baseball stadium to reality; Now, Therefore be it Resolved: That the Common Council of the City of Buffalo hereby supports and approves the naming of the plaza on Swan Street, near Washington Street as "Jimmy Griffin Plaza" in honor of former Mayor James D. Griffin; and Be it Further Resolved: That this Honorable Body endorses a permanent memorial at "Jimmy Griffin Plaza" to honor and pay tribute to James D. Griffin. REFERRED TO THE COMMITTEE ON LEGISLATION NO 132 BY: MR. KEARNS TRANSFER OF FUNDS FRINGE BENEFITS HUMAN RESOURCES 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 $500,000 be and the same is hereby transferred to Human Resources and said sum is hereby reappropriated as set forth below. From: 17305002 — 426000 Workers Comp $500,000 To: 12555006 - 429007 Case Management IOD $191,000 12555006 - 432002 Medical Services $309,000 PASSED AYES -7 NOES — 0 NO 133 BY: MR. KEARNS TRANSFER OF FUNDS COMMON COUNCIL - LEGISLATIVE CITY CLERK 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 $7,000 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 10102001 412002 Hourly Salary $7,000.00 To: City Clerk 10220006 434000 Other Contractual Services $7,000.00 PASSED AYES - 7 NOES — 0 NO 134 BY: MR. MICHAEL J. LOCURTO, MR. DAVID A. RIVERA COMBATING LEAD POISONING IN THE CITY OF BUFFALO Whereas: Lead based paint is poisonous if ingested and can cause learning and behavioral problems, especially in young children. Children who become victims are less likely to finish high school and more likely to become long -term recipients of government assistance; and Whereas: A large percentage of Buffalo's housing and building stock was constructed prior to 1978 and many of these properties continue to pose a threat to children because of the potential presence of lead based paint; and Whereas: In mid - March, the state Assembly passed A.6399, the "Childhood Lead Poisoning Primary Prevention and Safe Housing Act," sponsored by Assemblyman David Gantt. The same bill in the Senate (S.6350) is sponsored by Sen. Joseph Robach is awaiting action; and Whereas: These bills focus on improving the state's large stock of poorly- maintained housing as the way to eliminate childhood lead poisoning. State and local governments would be directed to develop "primary prevention" programs together to address lead poisoning at its source; and Whereas: The bills would create incentives for landlords to eliminate lead -paint poisoning risk by establishing a modest, two -year tax credit plan with eligible owners entitled to up to a $1,500 per unit, per year credit against their state income tax. A modest "revolving fund" would also be established to provide low -cost loans to eligible property owners. The fund would have no time deadline and would be replenished by loan repayments; Whereas: This honorable body, in its 2008 -2009 Annual Action Plan, stated its intention to examine efforts to combat lead- poisoning within the City of Buffalo; Now, Therefore be it Resolved: That Erie County Health Department and the Buffalo Urban Renewal Agency officials are invited to attend an appropriate Committee meeting of the Buffalo Common Council to discuss the problems associated with lead- poisoning in the City of Buffalo; and Be it Further Resolved: That the Buffalo Common Council expresses its support for the aforementioned state legislation, "Childhood Lead Poisoning Primary Prevention and Safe Housing Act," and calls upon the State Senate to approve and for Gov. David Patterson to sign the item; and Be it Further Resolved: That certified copies of this resolution be forwarded to the local delegation to the State Senate, Gov. David Patterson and the Erie County Health Department; and Be it Finally Resolved: That this item be sent to an appropriate committee for further discussion. ADOPT 1st: 2nd and 3rd RESOLVE THE REMAINDER REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO 135 SPONSOR: MICHAEL J. LOCURTO, RICHARD FONTANA 2008 GREATER BUFFALO ITALIAN HERITAGE AND FOOD FESTIVAL Whereas: The North Buffalo Community Development Corporation, Hertel -North Buffalo Business Association, and the West Side Business and Taxpayers Association, Inc. have requested permission to again, jointly conduct the Greater Buffalo Italian Heritage and Food Festival from July 17 through July 20, 2008, on Hertel Avenue; and Whereas: These groups are also requesting that Hertel Avenue be closed to vehicular traffic between Delaware and Colvin Avenues during the above dates, and that cross streets between Colvin and Delaware Avenues, and also Linden and Tacoma between Delaware and Colvin Avenues, be designated festival areas; and Whereas: This festival will be a major expression of Italian Heritage which includes culture, customs, and foods and will once again attract people from hundreds of miles away; and Whereas: The Italian Festival Committee will continue the drastic changes that were made in 2002 in an effort to focus more on Italian Heritage. The changes are as follows: 1. The festival will run from Thursday, July 17, 2008, to Sunday, July 20, 2008 (4 days) 2. The hours of operation will be from 11:00 AM to 11:00 PM on Thursday, Friday, and Saturday, and from 11:00 AM to 10:00 PM on Sunday 3. The Festival Committee shall control the area bounded by Delaware Ave. from Linden to Tacoma Ave., Tacoma Ave. from Delaware Ave. to Colvin Ave. From Tacoma Ave. to Linden Ave., Linden Ave. from Colvin Ave. to Delaware Ave. 4. Within the above area, the festival will operate from just west of Virgil Ave. to just east of Crestwood Ave. shortening the operating area by approximately three blocks. 5. All large amusement rides and games of chance will be eliminated. 6. Where and when possible, all residents and businesses on Hertel Ave. between Delaware Avenue and Virgil Avenue will Have access to their property. The Festival Committee will maintain the increased level and presence of security throughout the area agreed to by you and the Festival Board 7 Electrical power provided by private source will eliminate large and noisy diesel generators with whisper quiet electrical generators which eliminate all hazardous wires criss- crossing the street. 8. The Festival Committee will be eliminating most non -food vendors thereby re- focusing our attention on ethnic and cultural areas. Now Therefore Be It Resolved The North Buffalo Community Development Corp., Hertel -North Buffalo Business Association and the West Side Business and Taxpayers Association Inc. are hereby granted Permission to jointly conduct the 2008 Greater Buffalo Italian Heritage and Food Festival subject to the following conditions: 1. The Festival shall be conducted on Hertel Avenue from July 17, through July 20, 2008, between the hours of 11:00 AM and 11:00 PM, except Sunday when hours are 11:00 AM to 10:00 PM with Tuesday July 15, 2008 after 6:00 PM and Wednesday, July 16, 2008 to be used only as set up days, and Monday, July 20, 2008, to be used only as a breakdown day with traffic to recommence by 6:00 AM of that day; 2. Hertel Avenue, between Crestwood and Tennyson Avenues, shall be closed to vehicular and bicycle traffic, and dogs and other animals shall be prohibited during the festival. In addition, cross streets bounded by Colvin, Linden, Delaware, and Tacoma Avenues, including those boundary streets, shall be part of the festival area subject to its rules and regulations. Permitees with the cooperation of and at the direction of the Police department will furnish and locate barriers to be placed at the beginning time of the festival and to be removed at the end of the festival; 3. That the city -owned residential area parking lot, located behind 1180 Hertel shall be closed to general use and shall be reserved solely for those residents of Hertel Avenue residing within the festival area, and this restriction shall be enforced strictly by the city and festival committee; 4. That the festival committee be, and hereby is, authorized to erect appropriate banners and fittings on street lamp posts on Hertel Avenue from the easterly side of Colvin Avenue to the westerly side of Delaware Avenue, and to hang a banner across Hertel Avenue and at Sorrento's on South Park Avenue, all within conditions specified by the Department of Public Works; 5. Permitees shall furnish to the City of Buffalo proper liability insurance as determined by Special Events Committee and Corporation Counsel; 6. Permitees shall assume complete responsibility for removing barriers, decorations, barricades, stands, equipment and any trash or debris in the area arising out of the festival; 7. Permitees shall assume complete responsibility for conducting the festival in compliance with all laws and ordinances applicable, and with all directives of the various city departments, including Police, Fire, Street and Sanitation, Transportation, and Public Works; 8. Permission is hereby granted for the above under such terms and conditions so as to protect the interest of the City of Buffalo, as set forth by the Special Events Committee. PASSED AYES -7 NOES -0 NO 136 BY: MR. RIVERA REGARDING THE APPOINTMENT OF A NEW ASSISTANT LEGISLATIVE AIDE II WHEREAS, Kirk A. Laubenstein is currently employed as an Assistant Legislative Aide I in the Niagara District; and WHEREAS, he will continue to bring with him his many years of experience in the community and an impressive work history enabling him to assist the residents of the Niagara District effectively; NOW, THEREFORE BE IT RESOLVED, that the Common Council of the City of Buffalo appoints Mr. Kirk A. Laubenstein to the position of Assistant Legislative Aide II for the Niagara District. ADOPTED NO 137 SPONSORS MR. RIVERA AND MR. FRANCZYK CREATE A COMMUNITY GARDEN TASK FORCE WHEREAS: The City of Buffalo has an abundance of vacant land located within residential neighborhoods; and WHEREAS: The number of vacant land in residential neighborhoods is expected to increase greatly as a result of the Mayor's 5 in 5 Demolition Plan which will result in 5,000 dilapidated homes being torn down; and WHEREAS: Although an improvement from dilapidated homes, vacant land within residential neighborhoods presents its own set of unique challenges and must be dealt with in a strategic manner in order to realize neighborhood potential; and WHEREAS: Community Gardens convert vacant land into neighborhood civic spaces where people grow vegetables, fruits, flowers, and herbs that they otherwise could not grow; and WHEREAS: Creating and maintaining Community Gardens fosters an increased sense of pride and ownership in one's community and should thus be encouraged; and WHEREAS: In 2007, a report was released by the United States Census Bureau that listed the City of Buffalo as the 2 " most impoverished big city in the nation with 29.9% of its residents living below the poverty and unable to afford adequate housing or a healthy diet; and WHEREAS: In 2008, a study published in the Journal of Planning Education and Research reported a lack of healthful food destinations in several neighborhoods of the City of Buffalo, especially in minority neighborhoods; and WHEREAS: Community Gardens have proven to be a source of produce for community residents who may not otherwise have access to fresh fruits and vegetables in their neighborhoods; and WHEREAS: Community Gardens have proven an effective tool for fostering community revitalization in distressed neighborhoods across America; and WHEREAS: Other Cities facing vacancy and abandonment challenges have successfully implemented policies and procedures to highlight the importance and bolster the impact of Community Gardens; NOW THERFORE BE IT RESOLVED THAT This Honorable Body does hereby acknowledge the reuse of vacant land is vitally important for the long -term success of our community and the installation of Community Gardens on a portion of these properties is an ideal usage; and BE IT FURTHER RESOLVED THAT The Buffalo Common Council does hereby create a Community Garden Task Force, which is charged with studying and recommending a slate of policies and procedures to ensure that current and future Community Gardens are encouraged, valued, and protected as a valuable asset in the City of Buffalo and that such recommendations will be submitted to the Common Council no later than 18 months from the adoption of this resolution; and BE IT FURTHER RESOLVED THAT Membership to this Task Force is open to any City of Buffalo resident insofar as they have an interest in community gardening. The Task Force members will comprise of a maximum of 12 members. These include representatives of the Office of Strategic Planning, and the Department of Real Estate, and Economic Development, as designated by the Mayor, and nine appointees of the Common Council as designated by the Council President. The Council's designees shall include at least one community gardener (or representative of a community gardening organization), one representative of a local environmental advocacy organization, and one representative of a local university /college, and should reflect the composition and diversity of the residents of the City of Buffalo; and BE IT FINALLY RESOLVED THAT The Administration is requested to provide the Task Force with technical expertise and staff assistance if requested. ADOPT 1st, 2nd and 3rd RESOLVE THE REMAINDER REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO 138 SPONSORED BY: DAVID A. RIVERA SUPPORT OF STATE LEGISLATION TO AMEND EDUCATION LAW ADD DISABILITY HISTORY TO THE AREAS OF PRESCRIBED COURSES OF INSTRUCTION IN NYS SCHOOLS Whereas: According to the US Census, of the nearly 19 million persons living in New York State, over 3.5 million of those are people with disabilities; and Whereas: Individuals with disabilities are a vital part of our community and contribute to making Buffalo and New York State a better place to live and work in countless ways; and Whereas: Similar to other minority groups, individuals with disabilities did not always enjoy the rights they currently possess and were often treated inhumanely. For example, developmentally disabled children at the Willowbrook State School in Staten Island suffered well documented physical and mental abuse during the 1960s and 1970s and were even inoculated with the Hepatitis virus in order to gauge the effects of gamma globulin in combating it; and Whereas: Individuals with disabilities have since made great strides and are much more integrated into the nation's schools, workplace and political arena than before; and Whereas: The disability rights movement is an important chapter in the history of this state and this nation; and Whereas: Many States have taken an important step in the promotion of further understanding and awareness of disability history and the disability rights movement by designating a week (or more) to acknowledge the role and contributions of individuals with disabilities in our society. During an established Disability History Week, states require public schools to infuse instruction and activities related to disability history into the existing school curriculum; and Whereas: In 2007, a resolution was passed in the NYS Assembly and Senate, designating the third week in October as "Disability History Week "; and Whereas: As a companion to this resolution, legislation was introduced in the Assembly (A.10801) by Assemblymember Mark Schroeder and Senate (S.8160) by Senator Joe Robach that would amend NYS Education Law to add disability history to the areas of prescribed courses of instruction in NYS schools; and Whereas With the implementation of Disability History Week, students would benefit from learning about the story of people with disabilities, including how they used to be viewed and treated, how conditions have changed over time and how individuals with disabilities are currently actively involved in self- advocacy and in their communities; Now, Therefore be it Resolved: That the Buffalo Common Council expresses its support for the aforementioned state legislation that would amend NYS Education Law to add disability history to the areas of prescribed courses of instruction in NYS schools (A. 10801 /S.8160); and Be it Further Resolved: That certified resolutions of this resolutions be forwarded to the Buffalo delegation to the State Legislature, Assembly Speaker Sheldon Silver, Senate Majority Leader Joseph Bruno and Governor David Patterson. ADOPTED NO. 139 BY: MS. RUSSELL BUDGET AND PERSONNEL AMENDMENT 14 - ADMINISTRATION & FINANCE 1113 - PARKING ENFORCEMENT 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 14 - Administration and Finance, 1113 - Parking Enforcement which currently reads: Is hereby amended to read: 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 JANET PENKSA, COMMISSIONER OF ADMINISTRATION, FINANCE, POLICY & URBAN AFFAIRS AND DONNA J. ESTRICH, DIRECTOR OF BUDGET, ADMINISTRATION AND FINANCE, hereby certify that the above change is necessary for the proper conduct, administration and performance of essential services of that department. We recommend that the compensation for said position be fixed at the respective amount set forth in the foregoing ordinance. APPROVED AS TO FORM Corporation Counsel PASSED AYES -7 NOES -0 NO. 140 BY: MR. SMITH RE: TRAILBLAZING SIGNS /STREET DESIGNATION Whereas: Trailblazing Signs /Street Designation, otherwise known as honorary street names, are generally assigned to honor and commemorate persons associated with the City of Buffalo; and Whereas: The Common Council of the City of Buffalo receive numerous and varied requests per year for Trailblazing Signs /Street Designation from residents of the City of Buffalo; and Whereas: Currently there is not a uniform guideline to govern the honorable naming of a City of Buffalo street, where both the needs of the City are met and where the appropriate respect is exhibited towards the recipient of the Trailblazing street naming; and Now, Therefore Be It Resolved: That the Common Council of the City of Buffalo hereby supports the establishment of a new Trailblazing Sign /Street Designation Policy that meets the needs of the City of Buffalo and exhibits the appropriate respect towards the recipient of the Trailblazing street naming; and Be It Further Resolved: That the Trailblazing Sign /Street Designation Policy should require: That the honored recipient of the street naming should be a noteworthy person associated with the City, lived, worked went to school, etc. at the location specified, a person who has made a sustained contribution, over a long period of time, performed duties above and beyond the call of duty related to the street /segment at the location specified; A person who has made specific and sustained contributions to an organization(s) located on the street /segment, a person who has demonstrated vigilance in changing the nature or characteristics of the specific neighborhood One Trailblazing Sign per right -of -away, one sign allowed at an intersection and the area is to be no more than three blocks in length; and A written proposal shall be submitted to a designated office requesting a Trailblazing Sign that includes an explanation of how the name of the individual is or has been associated with the street /segment which is proposed for honorary naming; and That a petition containing the signatures of no less than fifty residents and at least 75% of the official residents and business owners of the section of the street being requested for the honor of a Trailblazing Sign /Street Designation proposal, That a $250 fee be administered to take into the account the construction and maintenance of the sign; and A public hearing must be held; and At least 20 hours of community service per year or equivalent be performed in the designated area by the nominating Committee or persons; and Signs are posted for 7 years maximum; and Finally that the City has the right to remove the sign immediately for reasons deemed appropriate; and Be It Finally Resolved: Sign /Street Designation Policy goes into affect upon its REFERRED TO THE COMMITTEE ON LEGISLATION— THE COMMISSIONER OF PUBLIC WORKS AND THE CORPORATION COUNSEL NO. 141 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 Trocaire College- Margaret L Wendt Center By Councilmember Kearns and City Clerk Chwalinski In Memoriam for Tim Russert By Councilmember all Councilmembers ADOPTED NO. 142 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 Erin K. McCabe Peter M. Thibaudeau Ralph Hernandez TOTAL 3 ADOPTED NO. 143 BY MR. SMITH APPOINTMENTS COMMISSIONER OF DEEDS That the following persons are hereby appointed as Commissioner of Deeds for the term ending December 31, 2008, conditional, upon the person so appointed certifying under oath to their qualifications and filing same with the City Clerk: Anna Marie Sinatra Michael Darby Sonn Bragg Nia Stanford Fanchon R. Pratcher Matthew J. Bozza Ruthy Colon Joanne B. Cole Gwen Neal Mark J. Boyd Gregory B. Olma Kenneth L. O'Brian Erin Drangel Antoine M. Thompson Carl Thompson Fabiola E. Friot Robert B. Wilson Philip L. Queno Nat Newman Total: 19 ADOPTED NO. 144 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, July 1, 2008 at 9:45 o'clock A.M. Committee on Finance Tuesday, July 1, 2008 at 10:00 o'clock A.M. following Civil Service Committee on Claims Tuesday, July 1, 2008 at 11:00 o'clock AM following Finance Committee on Comm. Dev. Tuesday, June 17, 2008 at 1:00 o'clock P.M. Committee on Legislation Tuesday, June 17, 2008 at 2:00 o'clock P.M. Special Committees Committee on Legislation Wednesday, June 25, 2008 at 11:00 o'clock AM in Room 1417 City Hall (Public Disclaimer All meetings are subject to change and cancellation by the respective Chairmen of Council Committees. In the event that there is sufficient time given for notification, it will be provided. In addition, there may be meetings set up whereby the City Clerk's Office is not made aware; therefore, unless we receive notice from the respective Chairmen, we can only make notification of what we are made aware. NO. 145 ADJOURNMENT On a motion by Mr. Fontana, Seconded by Mr. LoCurto, the Council adjourned at 3:20 pm GERALD CHWALINSKI CITY CLERK BOARD OF POLICE AND FIRE PENSION PROCEEDINGS #5 OFFICE OF THE MAYOR -201 CITY HALL JUNE 19, 2008 Present: Honorable Byron Brown, Mayor, David A. Franczyk, Council President, Alicia Lukasiewicz, Corporation Counsel; H. McCarthy Gibson, Commissioner of Police, Darryl McPherson, City Auditor The Journal of the last meeting was approved. No. 1 1 transmit herewith the Pension Payroll for the Fire Pension Fund for the month of June 2008 amounting to $3,740.00 and request that checks be drawn to the order of the persons named herein for the amounts stated. Adopted Ayes -3. Noes -0. No. 2 1 transmit herewith the Pension Payroll for the Police Pension Fund for the month of June 2008 amounting to $3,760.00, respectively, and request that checks be drawn to the order of the persons named herein for the amounts stated. Adopted. Ayes -3. Noes -0. Received and Filed No. 3 On motion by Mr. Rodriguez the City of Buffalo Police and Fire Pension Board Meeting adjourned at 11:02 a.m.