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Home My WebLink About08-0722-0717pp (2)No. 15 PROCEEDINGS OF THE CITY OF BUFFALO July 22, 2008 PENSION PROCEEDINGS JULY 17, 2008 MAYOR Hon. Byron W. Brown COMPTROLLER Andrew Sanfilippo COMMON COUNCIL PRESIDENT OF THE COUNCIL FILLMORE DISTRICT DAVID A. FRANCZYK PRESIDENT PRO TEMPORE SOUTH DISTRICT MICHAEL P. KEARNS MAJORITY LEADER LOVEJOY DISTRICT RICHARD A. FONTANA DISTRICT COUNCIL MEMBERS BRIAN C. DAVIS — ELLICOTT DEMONE A. SMITH — MASTEN MICHAEL J. LO CURTO — DELAWARE JOSEPH GOLOMBEK JR. — NORTH DAVID A. RIVERA- NIAGARA BONNIE C. RUSSELL REGULAR COMMITTEES CIVIL SERVICE COMMITTEE: Bonnie E. Russell Chairman, Brian C. Davis, Michael P. Kearns, David A. Rivera, Joseph Golombek Jr. - Members CLAIMS COMMITTEE: David A. Rivera Chairman, Michael P. Kearns, Richard A. Fontana, Bonnie E. Russell,- Members COMMUNITY DEVELOPMENT COMMITTEE: Michael LoCurto, Chairman, Richard A. Fontana, Joseph Golombek Jr., David A. Rivera. Demone Smith - Members FINANCE COMMITTEE: Michael P. Kearns, Chairman, Brian C. Davis, Michael J. LoCurto, David A. Rivera, Bonnie E. Russell - Members. LEGISLATION COMMITTEE: Joseph Golombek Jr., Chairman, Brian Davis, Richard A. Fontana, Michael LoCurto, David Rivera - Members. RULES COMMITTEE: David A. Franczyk, Chairman, Michael P. Kearns, Richard A. Fontana - Members SPECIAL COMMITTEES BUDGET COMMITTEE: Richard A. Fontana., Chairman, Michael P. Kearns, Michael J. LoCurto, Demone Smith - Members MINORITY BUSINESS ENTERPRISE COMMITTEE - ,Demone Smith Chairman Brian C. Davis, Richard A. Fontana, Joseph Golombek, Jr, David A. Rivera, Members EDUCATION COMMITTEE ;Demone Smith Chairman, Brian C. Davis, Richard A. Fontana, Members WATERFRONT DEVELOPMENT COMMITTEE — Michael P. Kearns, Chairman, Brian C. Davis, Joseph Golombek, jr, David A.Rivera, members FINAL INVOCATION PLEDGE TO FLAG DATE July 22, 2008 MAYOR - EXECUTIVE 1. Cit Serv- Submission of Monthly Report -June 2008 R &F 2. Plan Bd- Negative Declaration -954 Main St(Nia) R &F 3. Plan Bd- Negative Declaration- 1037 -1055 Seneca St(Lov) R &F 4. Strat Plan -Perm to Designate Redeveloper -1086 Broadway(Fill) CD 5. Strat Plan - Results Neg -296 Chelsea(Masten) CD 6. Strat Plan - Results Neg -64 Hayes PI(Lov) APP 7. Strat Plan - Results Neg -36 Jones(Fill) APP 8. Strat Plan - Results Neg -24 Lawrence(Nia) CD 9- 8A. Strat Plan - Results Neg -50 West Delavan APP 10- 9. Strat Plan -SEAR Lead Agency Design Rock Harbor Commons CD 11- 10. Strat Plan - Utility Easement Agreement -380 Auburn(Nia) APP 12- 11. Strat Plan - Utility Easement Agreement -1133 Lovejoy(Lov) APP 13- 12 Strat Plan - Utility Easement Agreement -106 Mineral Spring(South) APP COMPTROLLER 14- 13. Abatement of Uncollectible Accts Receivable Invoices FIN 15- 14. Appt Supervising Auditor (Temp) (Second Step)(Rusnak) APP 16- 15. Appt Associate Accountant (Temp)(Max)(Tyler) APP 17- 16. Appt Associate Auditor (Temp)(Max)(Faber) APP 18- 17. Appt Supervising Accountant(Temp)(Second Step)(Cahill) APP COUNCIL PRESIDENT 19- 18. Appt of CC Rep to Citizens Planning Council(Sobotka) ADOPT ASSESSMENT 20- 19. MBBA Tax Lien Finance Co 2003 -A, LLC APP 21- 20. Tax Cancellation 2008 -09 APP PUBLIC WORKS 22- 21. Notification Serials- 10237- 10239(Waive 45 Days) R &F 23- 21A. Bicycle Rack Installation Project Phase I APP 24- 22. Change in Contract Bailey Genesee Fire Station ($4,497.00)(Lov) APP 25- 23. Change in Contract Bailey Genesee Fire Station ($1,010.00)(Lov) APP 26- 24. Perm to Enter into Agreement- Siemens Building Tech(Ell) APP 27- 25. Perm to Increase Contract Erdman Anthony FIN 28- 26. Perm to Increase Contract CGM FIN 29- 27. Perm to Increase Contract Hatch Mott MacDonald(Ell) FIN 30- 28. Perm to Increase Contract Marquis FIN 31- 29. Perm to Increase Contract Malcom Pirnie(North) FIN 32- 30. Perm to Increase Contract Stearns & Wheler(EII) FIN 33- 31. Report of Bids- Crackfilling of City Pavements 2008 APP 34- 31 A. Report of Bids - Fuhrmann Blvd at Union Ship Canal Imp Project APP 35- 32. Report of Bids -Mead Branch Library Roof Constr(Lov APP 36- 33. Report of Bids - Street Cut Repair 2008 APP 37- 34. Perm to Purchase Vehicles & Equipment $779,300.00 APP 38- 35. Perm to Purchase Vehicles & Equipment $1,133,000.00 APP 39- 36.Yard Waste Disposal APP 40- 37. Appt Director of Street Sanitation (Prov)(Flat)(Sullivan) CS 41- 38. Appts Supervisor of St Sanitation I(Perm)(Max) (Miller, Krupp, Tomasulo, Serio) CS 42- 39. Appt Supervisor of St Sanitation I (Perm)(Third Step)(Dziamski, Juliano) CS POLICE 43- 40. Drug Asset Forfeiture Wire Transfer R &F 44- 40A. High Rick & Armed Encounters Equip /Training Grant APP CORPORATION COUNSEL 45- 40B. Ashland Access Agrmt for Clean Up of City Property Near 1 Howell St APP 46- 41. Municipal Code Violations Report R &F 47- 42. Notice of Determination - Stillwater Holding, LLC -483 Delaware Ave ADOPT 48- 43. Response EDPI 481 -487 Delaware LEG 49- 44. Response PW- 481 -487 Delaware LEG 50- 45. State Environ Quality Review - Stillwater 483 Delaware Ave LEG PERMITS AND INSPECTIONS 51- 46. Food Store -139 Vermont (Nia) APP 52- 47. Lodging House License -1900 Bailey (Lov) LEG 53- 48. Lodging House License -45 W. Chippewa (Ell) LEG 54- 49. Restaurant Dance License Renewal -68 Chippewa West (Ell) APP W /COND 55- 50. Second Hand Dealer -2636 Delaware Ave(Del) LEG 56- 51. Second Hand Dealer -1330 Niagara St (Nia) APP 57- 52. Sidewalk Cafe License -1122 Hertel (Del) LEG 58- 53. Used Car Dealer 1525 William St (Lov) LEG HOUSING AUTHORITY 59- 54. Joseph Mascia, Elected by Tenants to Serve as a Member R &F 60- 55. Leonard Williams, Elected by Tenants to Serve as a Member R &F CITY CLERK 61- 56. Liquor License Applications R &F 62- 57. Reports of Attendance R &F 63- 58. Notices of Appointments - Council Interns ADOPT 64- 58A. Notice of Appointment - Council Intern (Smalls) ADOPT 65- 58B. Notice of Appointment - Council Intern (Yammarino) ADOPT 66- 59. Notices of Appointments- Mayors Program R &F 67- 59A. Notice of Appointment- Mayors Program R &F 68- 59B. Notice of Appointment- Mayors Program R &F 69- 60. Notices of Appointment - Seasonal R &F 70- 61. Notices of Appointments- Temp /Prov /Perm CS MISCELLANEOUS ADOPT 71- 62. C. Avino- Concerns Safety at Buffalo Naval Park(Speeding Vehicles) WTRFT 72- 63. LP Ciminelli -Board Packet Documents -July 2008 R &F 73- 64. J. Campolong - Monthly Report Buffalo Water Board FIN 74- 65. B. Davis - Budget for FY 2008 -09 Bflo Civic Auto Ramps FIN 75- 66. B. Davis -P. Hotung- Concerns Thursday in the Square - Public Urination R &F 76- 67. S. Doleski- NYSDEC- Rehab - 2665 -2671 Main St CD 77- 68. EC 2008 Annual Report Real Property Tax Services FIN 78- 69. R. Fontana -City Owned Houses for Habitat CD 79- 70. D. Franczyk -Bflo News Article Loud Music LEG 80- 70A. M. Kearns - Nationwide Inc in the Use of Mass Transit & Public Transp CD 81- 70B. M. Kearns - Forming a Transportation Committee R &F 82- 71. M. LoCurto -E. Walker -COB 2009 Restore New York Application CD 83- 72. D. Lokey- Adams -Legal Aid Bureau Monthly Report -June 2008 R &F 84- 73. O. McFoy -Water Ratepayer Bill of Rights FIN PETITIONS Appt Brian A. Reilly -Comm of EDPI(Mayor) APP(Confirm) 85- 74. PMT Linwood LTD(Lynn Murphy), Owner, Use 288 Linwood for A Ground R &F 108 -23. Com 26 July 8 Sign(no pub hrg)(Del) LEG,CPBD RESOLUTIONS Food Store License -137 Maple (EII)(EDPI) APP W /COND 154- 75. B. Davis, ect HRM Req NYS Leg to Approve Bill Amending the APP W /COND 111 -26. Com 32 July 8 Public Authorities Law ADOPT 155- 75A. B. Davis Permission to Hang Flags Along Niagara St ADOPT 156- 76. R. Fontana, etc LL Intro #5 Amend Charter in Relation to Areas of Special R &F Flood Hazard within The COB TABLE 157- 76A. R. Fontana Sale of 1177 E. Lovejoy Street APP 158- 77. D. Franczyk Appts Community Garden Task Force ADOPT 159- 78. D. Franczyk Impound /Boot Boom Cars Violating Noise Ordinance LEG,CC 160- 78AA D. Franczyk Waive Fees for Worldchangers Project APP 161- 78A. D. Franczyk Appts CC Special Comm on Public Transportation ADOPT 162- 78B. J. Golombek Ord Amend -Ch 437 Taxicabs, Liveries & Sightseeing Buses 163- 79. M. Kearns City Parks Capital Funding FIN, COMP,MAYOR,OLM CONSERV 164- 79A. M. LoCurto,etc Waiving the Street - Closing Fee for The Benefit for Nik Perrone at E. Mohawk St on Aug 2, 2008 APP 165- 80. M. LoCurto Instituting a Ban on Smoking Within 50 Ft of Playgrounds in all Public City and County Parks ADOPT 166- 80AA. B. Russell Budget & Personnel Amendment -MIS APP 167- 80A. D. Smith Ord Amend -Ch 344 Sch000l Compulsion LEG 168- 80B. D. Smith Comm of Deeds Public Duties ADOPT 169- 80C. D. Smith Comm of Deeds ADOPT SUBMISSION LIST OF COMMITTEE ITEMS FOR THE COUNCIL MEETINGS CIVIL SERVICE 86- 1. Com 22 July 8 Appt Principal Engineer (Perm)(Max)(Hornung)(PW) APP 87- 2. Com 33 July 8 Appt Boiler Inspector (Prov)(Max)(Hanners)(EDPI) APP 88- 3. Com 37 July 8 Appt Special Asst to Commissioner of HR(Prov)(Heidinger)(HR) R &F 89- 4. Com 38 July 8 Chief Economic Dev Officer - Established Residence in COB R &F 90- 5. Com 47 July 8 Notices of Appointments- Temp /Prov /Perm(Cty Clk) R &F 91- 6. Com 53 Apr 29 B. Davis - Concerns Civil Service Exam for Police Lieut R &F 92- 7. Com 27 Mar 18 Response Appt Chief Economic Dev Officer (Exempt)(Reilly)(HR) R &F FINANCE 93- 8. Res 124 July 8 Clarification of Info BURA in Response to CC Req for Travel ADOPT 3 RD RES, REMAINDER RECOMMIT COMMUNITY DEVELOPMENT 94- 9. No 55 July 8 NYS Urban Dev Corp -SEAR- Olmstead Complex Master Plan R &F 95- 10. No 56 July 8 Olmstead Parks - Return Boating to Hoyt Lake R &F 96- 11. Res 127 July 8 COB Policy Re Composting of Yard Waste Clarification ADOPT 97- 12. Res 130 July 8 Req NYS to Issue a Moratorium on Lottery Outlets in COB ADOPT 98- 13. Res 131 July 8 Info Judge Rules Against Seneca Nation on Bflo Casino R &F 99- 14. No 89 July 8 Results Neg -366 West Ferry(Nia)(Strat Plan)( #13,6/24) APP 100 -15. No 93July 8 C. Griffasi- Implement the 2 nd Annual Cultural Walk of Fame( #39,6/10) ADOPT 101 -16. No 61 June 24 M. Sawicz - Purchase of 366 W. Ferry(Nia) R &F 102 -17. Com 27 June 10 Third Quarterly Report -Div of Substance Abuse(Comm Serv) R &F 103 -18. No 43Feb 5 J. Golombek -J. Cason - Concerns Application to Acquire 29.32 Acre Parcel in Monticell, NY R &F LEGISLATION 104 -19. Res 64July 8 M. Goldman, Owner, Use 245 Allen St. to Expand an Existing Rest(hrg 7/15)(EII) APP 105 -20. Res 65July 8 A. Brown, Owner, Use 120 Cottage for A Ground Sign (no pub hrg)(EII) APP 106 -21. Com 2 July 8 Appt Brian A. Reilly -Comm of EDPI(Mayor) APP(Confirm) 107 -22. Com 21 July 8 Designate 275 Washington St As James D Griffin Plaza(EII)(PW) R &F 108 -23. Com 26 July 8 Food Store License -2534 Bailey (Lov)(EDPI) RECOMMIT 109 -24. Com 28 July 8 Food Store License -137 Maple (EII)(EDPI) APP W /COND 110 -25. Com 31 July 8 Used Car Dealer -2667 Bailey(Univ)(EDPI) APP W /COND 111 -26. Com 32 July 8 Used Car Dealer -1402 South Park(Lov)(EDPI) APP 112 -27. No 48 July 8 D. Boardman -USPS- Designate 275 Washington St As James D Griffin Plaza R &F 113 -28. No 58 July 8 G. Schroder - Stillwater Holdings, LLC Patio Application for Restricted Use Permit RECOMMIT 114 -29. No 59 July 8 SEAR- Proposed Improvements 481 -487 Delaware RECOMMIT 115 -30. No 60 July 8 R. Stanton - Proposed Improvements 481 -487 Delaware Ave - Stillwater Grille RECOMMIT 116 -31. No 81 July 8 Req Response -Time Warner -Fees Assessed to Councilmembers(PW)(28,4 /29) R &F 117 -32. No 97 July 8 Food Store License 749 Jefferson (EII)(EDPI)(28,6 /24) RECOMMIT 118 -33. No 99 July 8 Food Store License 731 Walden (Lov)(EDPI)(30,6 /24) APP 119 -34. No 100 July 8 R. Stanton -SEAR- Stillwater Grille -483 Delaware(EII)(47,6 /24) RECOMMIT 120 -35. No 101 July 8 R. Stanton - Proposed Improvements 481 -483 Delaware (EII)(48,6/24) RECOMMIT 121 -36. No 104 July 8 B. Melber Agent, Use Rest /Nightclub to Add a New Rest Patio 483 Delaware (pub hrg 6/17)(EII)(53,6/10)(89,6/24) RECOMMIT 122 -37. No 108 July 8 Food Store License -882 Northland (Masten) (EDPI)(36,5/13)(115,6/24) APP W /COND 123 -38. No 114 July 8 J. Tedeschi, Agent, Use 224 Gibson St for A Soup Kitchen (Fill) (No Pub Hrg)(72,3/4) R &F 124 -39. No 116 July 8 Food Store License -2183 Genesee (Lov)(EDPI)(37,5 /27) APP 125 -40. Res 130 June 24 Designate 275 Washington St as 1 James D. Griffin Plaza(pub hrg 7 /15)_APP 126 -41. Res 131 June 24 Name Outdoor Party Plaza at Downtown Baseball Stadium - Jimmy Griffin Plaza APP 127 -42. No 65 June 24 B. Yuhnke -Fuel Crisis Hits the Taxicab Industry Hard R &F 128 -43. Res 140 June 24 Trailblazing Signs /Street Designation APP 129 -44. No 47 June 10 D. Smith - Questions Regarding Proceedings /Officer Horne R &F 130 -45. No 71 May 13 M. Hunter, Owner, Use 2608 Main St, Reopen A Night Club (Del)(hrg 5/20) DENY 131 -46. No 64 May 13 R. Pekarski - Verizon Wireless -2 Panel Antennas -106 Collington (Univ)_R &F 132 -47. Com 31 May 13 Response -Need for Greater Police Presence(Police) R &F 133 -48. Res126 Apr 29 Trailblazing Sign Request for Mack Luchey APP 134 -49. No 51 Apr 15 J. DeJac -Req Review of NYC Pedicab Law for COB R &F 135 -50. No 64 Apr 15 S. Radford -Req Discussion Re:Reports of Police Complaints and Invest. R &F 136 -51. No 48 Feb 5 M. LoCurto -Info Second Hand Dealer License R &F 137 -52. Com 34 Mar 20 Food Store License -1266 Genesee (Masten) (EDPI) APP W /COND WATERFRONT DEVELOPMENT 138 -53. No 64 May 27 D. Smith -M. Gallivan- Housing Manager Marine Dr Apts R &F 139 -54. No 94 May 13 NYSDEC -COB Draft Local W /Front Revitalization Plan(63,4/29) R &F 140 -55. No 71 Apr 29 C. Avino -Speed Limit Around Bflo Naval Park - Marine Dr R &F 141 -56. No 45 June 10 NYSDEC - Cleanup Activities Complete- Steelfields Site R &F 142 -57. No 56 Apr 15 M. Kearns -Bflo News Article NFTA to Lease 100 Acres to Harbor Dev Corp R &F 143 -58. No 93 Apr 15 Speeding Issues and Irresponsible Drs Marine Dr & Erie St (Pol)( #21,4/1) R &F 144 -59. No 39 Nov 13 A. Taylor -DOT Southtowns Connector /Bflo Outer Harbor Southtowns Conn Phase I R &F 145 -60. No 51 Oct 16 M. Kearns -M. Cerrone - Resolution NYSDOT Reconts. Plan Route 5 R &F EDUCATION 146 -61. Res 128 July 8 Compulsory School Attendance R &F 147 -62. No 58 Apr 15 W. Keresztes -C. Botticel lo- Letter to Parents Re: Addressing Concerns Discovery School R &F 148 -63. No 50 Nov 27 D. Smith -T. Hill - Article- Municipal Leadership in Supporting High School Alternatives R &F 149 -64. Res 120 Oct 16 School Truancy R &F 150 -65. Com 47 June 12 Moving Bflo. School Board Elections to November (Bd. Ed.) R &F 151 -66. Com 39 Apr 3 3 Yr. Student Support Plan - 2005 -2008 (Bd. Ed.) R &F 152 -67. Res140 Apr 3 Providing Better Opportunities for All Children (Exc. 1 sc Res.) R &F 153 -68. No 39 Mar 18 M. Kearns - Recent Incidents Bflo Public School #67 R &F CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO TUESDAY, JULY 22, 2008 AT 2:00 P.M. Present - David A. Franczyk, President of the Council, and Councilmembers: Davis Fontana, Golombek, Kearns, LoCurto & Rivera, Russell & Smith - 9 Absent - 0 On a motion by Mr. Fontana, Seconded by Mr.Golombek , the minutes of the stated meeting held on JuLY 8, 2008 were approved. NO. 1 SUBMISSION OF MONTHLY REPORT- JUNE 2008 The Office of Mayor, Division of Citizen Services, hereby submits, for your Honorable Body's review and approval, the monthly reports for the Mayor's Call and Resolution Center for the month of June 2008, as mandated by Section 6 -20(c) of the City of Buffalo's City Charter. This monthly statistical report details the number and nature of inquiries, requests and complaints received, classified by Councilmatic district. RECEIVED AND FILED FROM THE CITY PLANN1NG BOARD NO. 2 NEGATIVE DECLARATION NOTICE OF DETERMINATION OF NON- SIGNIFICANCE This notice is issued pursuant to Part 617 of the implementing regulations pertaining to the New York State Environmental Quality Review Act (SEAR), Article 8 of the New York State Environmental Conservation Law. Lead Agency City of Buffalo Planning Board Room 901, City Hall 65 Niagara Square Buffalo New York 14202 As per the provisions of SEAR, the Lead Agency has reviewed the following action as it relates to the environment: Action Title The Salvation Army Addition Location 954 Main St Type of Action: Type 1 - Coordinated Description: Tommaso Briatico Architects acting as a representative of the Salvation Army is proposing the construction of a garage addition on the property located at 954 Main Street, Buffalo New York. The project is a one story, 1,573 square foot addition to the North side of the existing gymnasium, located on Pearl Street. The material includes brick, aluminum fascia and other details that blend in with the existing building. The purpose of the garage is to provide secured parking for the Salvation Army canteen vehicle and storage. This project is located in a Preservation District. The Preservation Boards comments regarding this project have been incorporated into the final design and site plan. The project will be funded privately and cost approximately $238,000. As a result of this Environmental Review, the Lead Agency has determined the undertaking of this action will not have a significant adverse impact on the quality of the environment. No further environmental review of this action will be conducted prior to project implementation and a Draft Environmental Impact Statement will not be prepared. Reasons Supporting This Determination: The facts and reasons for this decision are as follows: The project will allow for the upgrading of the Salvation Army's procedures to respond to accidents, large catastrophic events and serious human tragedies throughout Western New York. The identified potential negative impacts appear to be primarily short -term site preparation and construction related activities, and do not appear to be significant in magnitude or effect. There are no actions, which will have a significant adverse impact on the environment. For further information relative to this Negative Declaration, contact Mr. Martin Grunzweig, Land Use Controls Coordinator, Room 901 City Hall, Buffalo New York 14202- (716) 851 -5085. Dated — RECEIVED AND FILED NO. 3 SEQR NOTICE OF DETERMINATION NON SIGNIFICANCE 1037 -1055 SENECA ST NEGATIVE DECLARATION This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (SEAR - State Environmental Quality Review) of the Environmental Conservation Law. City of Buffalo Planning Board Room 901, City Hall 65 Niagara Square Buffalo New York 14202 As per the previsions of SEAR, the Lead Agency has reviewed the following action as it relates to the environment: Action Title Battaglia Demolition, building addition Location 1037 -1055 Seneca St Type of Action: Unlisted - Uncoordinated Description: Peter Battaglia, President of Battaglia Demolition Inc. is proposing to construct a 13,000 sq. ft. building addition on the property located at 1037 -1055 Seneca Street Buffalo New York. The building addition will decrease the amount of outdoor recycled storage needed for the operation of the business. A new concrete pad and structure will minimize the current rutting of the ground that his dumpsters generate on the existing soils. The new addition will also protect from theft the ferrous and non ferrous metals on site and also function as an area for the maintenance of equipment, Due to increased sales and possible future increases, Battagla Demolition expects to provide more services as allowed under their existing licenses and permits. The total cost of the project is approximately $325,000 and is privately funded. As a result of this Environmental Review, the Lead Agency has determined the undertaking of this action will not have a significant adverse affect on the quality of the environment. No further environmental review of this action will be conducted prior to project implementation and a Draft Environmental Impact Statement will not be prepared. Reasons Supporting This Determination: The facts and reasons for this decision are as follows: this project will allow Battaglie Demolition to store some recyclables inside an enclosed building and also protect the more Valuable metals from theft. The identified potential negative impacts appear to be primarily short -term site preparation and construction related activities, and do not appear to be significant in magnitude or effect There are no actions, which will have a significant adverse impact on the environment. For further information relative to this Negative Declaration, contact Mr. Martin Grunzweig, Land Use Controls Coordinator, Room 901 City Hall, Buffalo New York 14202 - 716 851 -5085 RECEIVED AND FILED FROM THE OFFICE OF STRATEGIC PLANNING NO.4 PERMISSION TO DESIGNATE REDEVELOPER SOUTHWEST KEY PROGRAMS, INC. 1086 BROADWAY (FORMER FRONCZAK LIBRARY) The Office of Strategic Planning, Division of Real Estate, has received a request to acquire 1086 Broadway, former Fronczak Library, from Southwest Key Programs, Inc. Southwest Key is a 25 year old non - profit organization headquartered in Austin, Texas. They operate 50 juvenile justice and family wraparound programs along with safe shelters for immigrant children, alternative schools, youth empowerment, fatherhood programs, job creation initiatives, and child care services. In Buffalo, Southwest Key operates three programs: Community Monitoring, Juvenile Tracking, and Community Connections. The goal of Southwest Key Programs in Buffalo is to decrease the number of youth that might be placed in detention or out of home care and to help them connect in a more positive way with their families, schools and community. Southwest has a contract with Erie County and they are currently located at 944 Jefferson Avenue and need to expand. I therefore respectfully request that Your Honorable Body designate Southwest Key Programs, Inc. and or corporation, partnership, or other legal entity to be formed as Redeveloper of the subject property for a period of six months subject to the following conditions: a. Submission by the Redeveloper of a detailed site plan for approval by the City of Buffalo Planning Board and construction plans, including landscaping, for approval by the City. b. Submission of a colored rendering of the property suitable for presentation to the City Common Council which shall be submitted prior to the Common Council approval of LDA. c. Submission by the Redeveloper of evidence of equity capital and mortgage financing necessary for the completion of the project which shall be submitted prior to closing. d. Payment of a designation fee of One Thousand Dollars ($1,000.00) per month by Redeveloper to the City, payable within five (5) days from the date of designation and due thereafter the first day of every month. In the event Redeveloper shall exercise its option to acquire said property pursuant to the Land Disposition Agreement (LDA) to be negotiated by Redeveloper and the City, said option fee shall be applied as a credit towards the purchase price. In the event Redeveloper shall not proceed with the redevelopment of the property within the designation period, Redeveloper shall forfeit all monies paid on account and the City shall retain all such monies. e. Redeveloper is responsible for performing any soil borings and soil investigations, as per a license agreement to be granted by the City, for the purpose of determining, to developer's satisfaction, the suitability of the site f. 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. 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 Southwest Key Programs, Inc. as the Redeveloper of 1086 Broadway 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 1086 Broadway, and forward to the Common Council for final approval of agreements for the transfer of title. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 5 RESULTS OF NEGOTIATIONS 296 CHELSEA, 64.43' S APPENHEIMER VACANT LOT: 32'X 106' ASSESSED VALUATION: $2,600 (MASTEN DISTRICT) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Donnell Manuel and Mrs. Sandra Manuel, 298 Chelsea, Buffalo, New York 14215 to purchase 296 Chelsea. Mr. and Mrs. Manuel own and reside at 298 Chelsea, which is adjacent to 296 Chelsea. They intend to use this vacant lot for additional green space. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchasers. The Division of Real Estate has investigated the sale of similar lots in the subject area. Sales range from Fifty -Five Cents ($.55) to One Dollar ($1.00), per square foot. The results of our negotiations are that Mr. and Mrs. Manuel have agreed and are prepared to pay Two Thousand Dollars ($2,000), Sixty Cents ($.60) per square foot for the subject property. Mr. and Mrs. Manuel have also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 296 Chelsea in the amount of Two Thousand Dollars ($2,000). 1 am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT. NO. 6 RESULTS OF NEGOTIATIONS 64 HAYES PLACE, 537.46' N SENECA VACANT LOT: 90'X 129' ASSESSED VALUATION: $5,800 (LOVEJOY DISTRICT) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Bob Lupica, Niagara Ceramics Corporation, 75 Hayes Place, Buffalo, New York 14210, to purchase 64 Hayes, a City owned vacant lot. Mr. Lupica plans to use this vacant lot for future expansion and create additional parking for Niagara Ceramics Corporation. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. The Division of Real Estate has investigated the sale of similar lots in the subject area. Sales range from Thirty -Two Cents ($.32) to One Dollar and Sixteen Cents ($1.16), per square foot. The results of our negotiations are that Mr. Lupica has agreed and is prepared to pay Eight Thousand Dollars ($8,000), the equivalent of Seventy -Five Cents ($75) per square foot for the subject property. Mr. Lupica 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 64 Hayes in the amount of Eight Thousand Dollars ($8,000). 1 am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. Mr. Fontana moved: That the above communication from the Office of Strategic Planning dated July 11, 2008, be received and filed; and That the offer from Mr. Bob Lupica, Niagara Ceramics Corporation, 75 Hayes Place, in the sum of eight thousand dollars ($8,000.00) for the purchase of 64 Hayes, be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES -9 NOES -0 NO. 7 RESULTS OF NEGOTIATIONS 36 JONES, 332.50 N CLINTON VACANT LOT: 30'X 105' ASSESSED VALUATION: $2,900 (FILLMORE DISTRICT) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Angelo R. Soto, 353 South Park Avenue, Buffalo, New York 14204 to purchase 36 Jones Street. Mr. Soto owns a two family dwelling at 40 Jones, which is adjacent to 36 Jones. Mr. Soto intends to use this vacant lot for additional green space after demolition of the structure is completed. Demolition should occur within the next few weeks. The sale is contingent upon the demolition of the structure by the City of Buffalo. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. The Division of Real Estate has investigated the sale of similar lots in the subject area. Sales range from Forty Cents ($.40) to Sixty -Five Cents ($.65), per square foot. The results of our negotiations are that Mr. Soto has agreed and is prepared to pay One Thousand Six Hundred Dollars ($1,600), Fifty Cents ($.50) per square foot for the subject property. Mr. Soto 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 36 Jones in the amount of One Thousand Six Hundred Dollars ($1,600). 1 am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. Mr. Fontana moved: That the above communication from the Office of Strategic Planning dated July 15, 2008, be received and filed; and That the offer from Mr. Angelo R. Soto, residing at 353 South Park Avenue, in the sum of one thousand and six hundred dollars ($1,600.00) for the purchase of 36 Jones, be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES -9 NOES -0 NO. 8 RESULTS OF NEGOTIATIONS 24 LAWRENCE, 212' NW MASSACHUSETTS VACANT LOT: 30'X 150' ASSESSED VALUATION: $3,700 (NIAGARA DISTRICT) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Carl Beach, 26 Lawrence Place, Buffalo, New York 14213 to purchase 24 Lawrence. Mr. Beach owns and resides at 26 Lawrence, which is adjacent to 24 Lawrence. He intends to use this vacant lot for additional green space after demolition of the structure is completed. Demolition should occur within the next few weeks. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. The Division of Real Estate has investigated the sale of similar lots in the subject area. Sales range from Sixty -Seven Cents ($.67) to One Dollar and Ten Cents ($1.10), per square foot. The results of our negotiations are that Mr. Beach has agreed and is prepared to pay Three Thousand Dollars ($3,000), Sixty -Seven Cents ($.67) per square foot for the subject property. Mr. Beach 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 24 Lawrence in the amount of Three Thousand Dollars ($3,000). 1 am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 9 RESULTS OF NEGOTIATIONS 50 WEST DELAVAN, 115'E NIAGARA VACANT LOT: 36'X 66' ASSESSED VALUATION: $3,800 (NIAGARA DISTRICT) The Office of Strategic Planning, Division of Real Estate has received a request from 1407 Niagara Street LLC, 1407 Niagara Street, Buffalo, New York 14213, to purchase 50 West Delavan Avenue. 1407 Niagara Street LLC intends to use this vacant lot, which is adjacent to their property at 1407 Niagara Street to create a lunch /lounge area for their employees, as well as for future expansion. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. The Division of Real Estate has investigated the sale of similar lots in the subject area. Sales range from One Dollar ($1.00) to Three Dollars and Fifty Cents ($3.50), per square foot. The results of our negotiations are that 1407 Niagara Street LLC has agreed and is prepared to pay Three Thousand Five Hundred Dollars ($3,500), the equivalent of One Dollar and Fifty Cents ($1.50) per square foot for the subject property. 1407 Niagara Street 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 50 West Delavan Avenue in the amount of Three Thousand Five Hundred Dollars ($3,500). 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 July 11, 2008, be received and filed; and That the offer from 1407 Niagara Street LLC, 1407 Niagara Street, in the sum of three thousand and five hundred dollars ($3,500.00) for the purchase of 50 West Delavan, be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES -9 NOES -0 NO. 10 SEQR LEAD AGENCY DESIGNATION ROCK HARBOR COMMONS Edward Hogle is proposing to redevelop the existing building located at 31 Tonawanda Street, Buffalo New York. The building that originally housed a manufacturing facility would now be used for student housing Prior to the implementation of the above - referenced action, the requirements of the New York State Environmental Quality Review Act (SEAR) must be satisfied. The project, as defined under SEAR, is an "Unlisted Action" for which the completion of a coordinated environmental assessment is recommended by the City of Buffalo Planning Board. As per Section 617.6 of the regulations, an agency responsible for determining the effect of the project on the environment must be designated from the involved agencies within 30 calendar days of this communication. It is proposed that The City Planning Board act as the Lead Agency for this action. If the Common Council has no objection to the Planning Board acting as Lead Agency, please inform my office within the 30 day period. The project Environmental Assessment Form is enclosed for your review. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 11 UTILITY EASEMENT AGREEMENT NIAGARA MOHAWK FOR USE OF 380 AUBURN - SCHOOL NO. 46 NIAGARA DISTRICT The Office of Strategic Planning, Division of Real Estate, has received a request from the Board of Education to approve the attached easement agreement for Niagara Mohawk. The request is being made in order to allow and provide for electrical upgrades to School 45, as described and shown in the attached proposed legal description and map. This office has contacted the Department of Public Works, Parks & Streets and the Land Use Planning Committee and they have no objections to this easement. I am recommending that Your Honorable Body approve the attached easement agreement provided that the Corporation Counsel reviews and approves the easement as to form (and /or comments upon or modifies /clarifies). I am further requesting Your Honorable Body to authorize the Mayor to execute the same. Mr. Fontana moved: That the above communication from the Department of Strategic Planning, dated July 15, 2008, be received and filed; and That the Director of Real Estate be, and he hereby is authorized to enter into an easement agreement between the City and Niagara Mohawk Power Corporation, for electrical upgrades to 380 Auburn - School No. 45. That the Corporation Counsel be, and she hereby is authorized to review and approve the easement as to form (and /or comments upon modifies /clarifies) and that the Mayor be authorized to execute the same. PASSED AYES -9 NOES -0 NO. 12 UTILITY EASEMENT AGREEMENT NIAGARA MOHAWK FOR USE OF 1133 LOVEJOY - SCHOOL NO. 43 SOUTH DISTRICT The Office of Strategic Planning, Division of Real Estate, has received a request from the Board of Education to approve the attached easement agreement for Niagara Mohawk. The request is being made in order to allow and provide for electrical upgrades to School No. 43, located at 1133 Lovejoy, as described and shown in the attached proposed legal description and map. This office has contacted the Department of Public Works, Parks & Streets and the Land Use Planning Committee and they have no objections to this easement. I am recommending that Your Honorable Body approve the attached easement agreement provided that the Corporation Counsel reviews and approves the easement as to form (and /or comments upon or modifies /clarifies). I am further requesting Your Honorable Body to authorize the Mayor to execute the same. Mr. Fontana moved: That the above communication from the Department of Strategic Planning, dated July 15, 2008, be received and filed; and That the Director of Real Estate be, and he hereby is authorized to enter into an easement agreement between the City and Niagara Mohawk Power Corporation, for electrical upgrades to 1133 Lovejoy - School No. 43. That the Corporation Counsel be, and she hereby is authorized to review and approve the easement as to form (and /or comments upon modifies /clarifies) and that the Mayor be authorized to execute the same. PASSED AYES -9 NOES -0 NO. 13 UTILITY EASEMENT OR PERMIT AGREEMENT WITH NIAGARA MOHAWK FOR USE OF PART OF 106 MINERAL SPRING (A.K.A. 77 PAWNEE PKWY.) SCHOOL NO. 27 SOUTH DISTRICT The Office of Strategic Planning, Division of Real Estate, has received a request from the Board of Education to approve the attached easement agreement or other appropriate utility permit for Niagara Mohawk. The request is being made in order to allow and provide for electrical upgrades to School 27, located at 106 Mineral Spring, as described and shown in the attached proposed legal description and maps. This office has contacted the Department of Public Works, Parks & Streets and the Land Use Planning Committee and they have no objections to the easement or utility permit. I am recommending that Your Honorable Body approve the easement or utility permit arrangement, that the Corporation Counsel be asked to prepare the necessary and appropriate agreement and that the Mayor be authorized to execute the same. Mr. Fontana moved: That the above communication from the Department of Strategic Planning, dated July 15, 2008, be received and filed; and That the Director of Real Estate be, and he hereby is authorized to enter into an easement agreement between the City and Niagara Mohawk Power Corporation, for electrical upgrades to 106 Mineral Spring (a /k/a 77 Pawnee Parkway) - School No. 27. That the Corporation Counsel be, and she hereby is authorized to review and approve the easement as to form (and /or comments upon modifies /clarifies) and that the Mayor be authorized to execute the same. PASSED AYES -9 NOES -0 FROM THE COMPTROLLER NO. 14 ABATEMENT OF UNCOLLECTIBLE ACCOUNTS RECEIVABLE INVOICES Attached hereto is a listing of various accounts receivable invoices totaling $4,035,733.22. Director of Treasury/Collections Michael A. Seaman turned these accounts over to Mercantile, a collection agency; they have worked for 90 days and deemed them uncollectible. As required by city charter, your review and approval is needed to remove such open accounts from the city's records. Since an amount has been reserved in prior years to provide for the possibility that these accounts would become uncollectible, there will be no impact on the city's fund balance. REFERRED TO THE COMMITTEE ON FINANCE NO. 15 CERTIFICATE OF APPOINTMENT Appointment Effective: July 10, 2008 in the Department of Audit and Control Division of Accounting to the Position of Supervising Auditor, Temporary promotion at the Second Step of $50,427 John L. Rusnak, 64 Brinton St, Buffalo, NY 14214 PASSED AYES -9 NOES -0 NO. 16 CERTIFICATE OF APPOINTMENT Appointment Effective: July 10, 2008 in the Department of Audit and Control Division of Accounting to the Position of Associate Accountant, Temporary promotion at the fifth step of $49,565 Pamela Tyler, 201 Ora Wrighter Dr. Buffalo, NY 14204 PASSED AYES -9 NOES -0 NO. 17 CERTIFICATE OF APPOINTMENT Appointment Effective: July 10, 2008 in the Department of Audit and Control Division of Audit to the Position of Associate Accountant, Temporary promotion at the fifth step of $49,565 Frank Faber, 369 South Ogden Street, Buffalo, NY 14206 PASSED AYES -9 NOES -0 NO. 18 CERTIFICATE OF APPOINTMENT Appointment Effective: July 10, 2008 in the Department of Audit and Control Division of Accounting to the Position of Supervising Accountant, Temporary promotion at the Second Step of $50,427 Francis R. Cahill, 126 William Price Pkwy, Buffalo, NY 14214 PASSED AYES -9 NOES -0 NO. 19 BY: MR. FRANCZYK RE: APPOINTMENT TO CITIZENS PLANNING COUNCIL Whereas: Chet Sobotka, Jr. is currently serving on the Citizens Planning Council. His current term expires on June 30, 2008; and Whereas: The re- appointment of Chet Sobotka, Jr. to the Citizens Planning Council would be beneficial to the City of Buffalo; and Whereas: Mr. Sobotka resides within the City of Buffalo at 94 S. Pontiac Street and has been an asset to the Citizen's Planning Council for the past four years; and Whereas: With Mr. Sobotka's strong background and past experience as a member of the planning council, his re- appointment would be a great asset to the Citizen Planning Council; Now, Therefore, Be It Resolved: That this Common Council hereby re- appoints Chet Sobotka, Jr. to the Citizens Planning Council for a two year term expiring on June 30, 2010. ADOPTED FROM THE COMMISSIONER OF ASSESSMENT AND TAXATION NO 20 MBBA TAX LIEN FINANCE COMPANY 2003 -A, LLC ACTION REQUESTED This Honorable Body's approval is hereby requested to authorize Mayor Byron W. Brown to execute Amendment #1 to the MBBA Tax Lien Finance Company 2003. -A, LLC Agreement, giving the City of Buffalo's consent, as one of the municipal members, to the dissolution of the MBBA Tax Lien Finance Company 2003 -A, LLC. AUTHORITY Pursuant to Amended and Restated Limited Liability Company Agreement of the MBBA Tax Lien Finance Company 2003 -A, LLC dated, September 1, 2003, the selling municipalities, including the City of Buffalo, were municipal members. The MBBA Tax Lieu Finance Company 2003 -A, LLC is now a defunct entity. In accordance with Article IX, Section 9.01 of the Amended and Restated Limited Liability Company Agreement of MBBA Tax Lien Finance Company 2003 -A, LLC, the City's written consent is required for the purposes of winding up the final affairs associated with the City's sale of the delinquent tax liens in September 2003 and to the dissolution of the MBBA Tax Lien Finance Company 2003 -A, LLC. HISTORY The Buffalo Common Council authorized the sale, assignment, and transfer of the City of Buffalo's right, title and interest in, to and under certain delinquent tax liens on real property to the MBBA 2003 -A Tax Lien Finance Trust, a Delaware statutory trust. The State of New York Municipal Bond Banking Agency's ( "MBBA ") established the MBBA 2003 -A Tax Lien Finance Trust solely for the purpose of purchasing those liens securing the unpaid real property taxes, assessments and other municipal charges, and issuing of the bonds secured by the liens. On September 1, 2003, the City of Buffalo sold 1499 tax liens to the MBBA 2003 -A Tax Lien Finance Trust. The total sum of City tax liens sold $8,789,053.94. The City received $4,131,831.27 for its tax liens. Included in the sale were those properties with high lien -to -value ratios whereli the value of the liens exceeded the value of the property. The City made no guarantees as to the collect ability of the tax liens or of the ability to timely collect from the homeowners or the complete recovery of the liens all of which went to City's foreclose and auction and for which no bids were received. As collateral for the purchased tax liens, the MBBA 2003 -A Tax Lien Finance Trust offered through private placement, Tax Lien Collateralized Bonds. The bonds did not represent obligations of the selling municipalities. The bonds contained a stated maturity date of April 10, 2016 and an expected maturity date of July 10, 2008. The expected maturity date of the bonds was based upon a 20% constant liquidation rate of the tax liens. The MBBA 2003 -A Tax Lien Finance Trust retained the services of JER Revenue Services to service and collect the tax liens purchased by the trust. JER Revenue Services was unsuccessful in collecting back taxes or in selling these properties. The portfolio of tax liens acquired by the MBBA 2003 -A Tax Lien Finance Trust did not perform as anticipated. A breakdown of the 1499 tax liens sold by the City reveals the following: 23 liens were foreclosed and sold; 77 were redeemed by taxpayers; 4 defective cured liens; 1 condemnation; 1359 liens returned to the City; and 35 liens sold to XSPAND, LLC. In July 2007, MBBA, in order to avoid any issues that might arise in the future in connection with the short -falls in revenue dedicated to payment of the bonds and any possible litigation, MBBA and the respective bondholders entered into a confidential Settlement Agreement and Release which in pertinent part dissolved the MBBA 2003 -A Tax Lien Finance Trust, cancelled the respective bonds, and caused a certain settlement to be paid to the bondholders in exchange for the release and discharge of the respective parties and the selling municipalities of any and all liability in connection with the bonds or issuance thereof. CONCLUSION As a result of the confidential settlement, cancellation of the bonds, and dissolution of the MBBA 2003 -A Tax Lien Finance Trust, the MBBA Tax Lien Finance Company 2003 -A, LLC is now a defunct entity. The other selling municipalities have provided their written consent to the dissolution or have sold their tax liens to another entity. MBBA now requires the City of Buffalo's written consent. Attached for your review and approval is Amendment No. 1 to the Amended and Restated Limited Liability Company Agreement of the MBBA Tax Lien Finance Company 2003 -A, LLC dated as of September 1, 2003 between the selling municipalities and the State of New York Municipal Bond Bank Agency, for the purposes of winding up the final affairs associated with the City's sale of the delinquent tax liens in September 2003 and consent to the dissolution of the MBBA Tax Lien Finance Company 2003 -A, LLC. Thank you for your consideration of this matter. Mr. Fontana moved: That the communication from the Commissioner of Assessment and Taxation, dated July 17, 2008, be received and filed; and That the Mayor be, and he hereby is authorized to execute Amendment #1 to the MBBA Tax Lien Finance Company 2003 -A, LLC Agreement, giving the City of Buffalo's consent as one of the municipal members, to the dissolution of the MBBA Tax Lien Finance Company 2003 -A, LLC. COPY AVAILABLE IN THE CITY CLERKS OFFICE FOR REVIEW PASSED AYES -9 NOES -0 NO 21 TAX CANCELLATION - 2008 -09 Adjustments on the General City Tax for 2008 -09 were made on the following properties (list attached) to provide for changes due to omitted or incorrect exemptions and assessment errors. I, therefore, request that a warrant be drawn on General City Charges, Org 17221008 Obj 480101 Tax Adjustment Fund, in favor of the City for the taxes indicated on the attached list in the amount of $79,769.11. Mr. Fontana moved: That the communication from the Commissioner of Assessment and Taxation, dated July 17, 2008, be received and flied; and That the Comptroller be, and he hereby is authorized to draw a warrant from the General City Charges, Org. 17221008 Obj 480101 Tax Adjustment Fund in the amount of $79,769.11 for the Adjustments on the General City Tax for 2008 -09. PASSED AYES -9 NOES -0 FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO 22 NOTIFICATION SERIAL #10237 REPEAL NO LEFT TURN ON DELAWARE AVENUE, SOUTHBOUND AT LANCASTER AVENUE (DELAWARE DISTRICT) REGULATION OF TURNS - REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City. Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appeal" on the agenda as an item business. That that part of Section 37 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the STREET AT INTERSECTION HOURS DIRECTION PROHIBITION Delaware Lancaster Avenue 7 am - 10 am southbound No Left Turn 3pm -6pm Monday- Friday This action is being taken to match existing on- street conditions which includes a southbound green arrow from 6am -9am. (see next serial) NOTIFICATION SERIAL #10238 INSTALL NO LEFT TURN ON DELAWARE AVENUE, SOUTHBOUND AT LANCASTER AVENUE (DELAWARE DISTRICT) REGULATIONS OF TURNS - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Section 37 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: STREET AT INTERSECTION HOURS DIRECTION PROHIBITION Delaware Avenue Lancaster Avenue 3 pm — 6pm southbound No Left Turn Monday- Friday This action is being taken to match existing on- street conditions which includes a southbound green arrow from 6am -9am. (see previous serial) NOTIFICATION SERIAL # 10239 INSTALL STOP SIGNS IN FLORENCE AVENUE AT WOODWARD AVENUE (DELAWARE DISTRICT) STOP SIGNS (ALL -WAY) - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 9 Section 11 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: STOP SIGNS VEHICLES ON SHALL STOP BEFORE ENTERING Florence Avenue Woodward Avenue This action is being taken in order to provide all way stop control at this intersection. There is poor visibility from the north approach due to the geometry of the intersection which is compounded by the downhill grade on the east approach. Waive 45 Days RECEIVED AND FILED NO 23 BICYCLE RACK INSTALLATION PROJECT PHASE This is to advise Your Honorable Body that I have advertised and received bids on July 16, 2008 The following bids were received: Contractor Base Bid Multiple Products Company $16,415.00' 10 Howard Street Buffalo, NY 14206 Miller Enterprises, Inc $18,900.00 12 Newfield Street Buffalo, NY 14207 Gleason's Nursery Inc $19,460.00 4780 Sheridan Drive Williamsville, NY 14221 Titan Development Inc. $20,965.00 8534 Seaman Road Gasport, NY 14067 'Bid was incomplete due to not including a proposal bond. Bid has been rejected by the Law Department. I hereby certify that the lowest responsible bidder for the above project is Miller Enterprises, Inc and I respectfully recommend that Your Honorable Body authorize a contract award to Miller Enterprises, Inc in the amount of $18,900.00. (Base Bid of $18,900.00 + [5% unit price increases] $945.00 equals [Total Award] $19,845.00.) Funds for this project are available in our Capital Account #30336006- 445100 and /or #30032106- 445100. The engineer's estimate for this work is $25,000. Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated July 17, 2008, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to award a contract for Bicycle Rack Installation Project, Phase I, to Miller Enterprises, Inc., the lowest responsible bidder, in the amount of $18,900.00 (Base Bid of $18,900.00 + [5% unit price increases] $945.00 equals a Total Award of $19,845.00). Funds for the project are available in Capital Account #30336006- 445100 and /or #30032106 - 445100. PASSED AYES -9 NOES -0 NO 24 CHANGE IN CONTRACT BAILEY GENESEE FIRE STATION CONSTRUCTION JOB #0674 LOVEJOY DISTRICT I hereby submit to Your Honorable Body the following changes for the Bailey Genesee Fire Station, Construction, Goodwin Electric,C #93000109 1. Furnish, install and pay all power company fees associates with the Add $4,497.00 Extension of the existing power service to new pole #213 as outlined By National Grid, USA The foregoing change results in a net increase in the contract of Four Thousand Four Hundred Ninety Seven and 00/100 Dollars ($4,497.00) Summary: Current Contract Amount $279,900.00 Amount of This change Order ( #1) Add $ 4,497.00 Revised Contract Amount $284,397.00 Costs have been reviewed by the consulting architect (CJS Architects) and the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in 30320106 445100 — Division of Buildings Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated July 3, 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 Goodwin Electric, an increase in the amount of $4,497.00, as more fully described in the above communication, for work relating to Job No. 0674, Bailey Genesee Fire Station, Construction, C #93000109. Funds for this project are available in CPF 30320106 445100 - Division of Buildings. PASSED AYES - 9 NOES — 0 NO 26 CHANGE IN CONTRACT BAILEY GENESEE FIRE STATION CONSTRUCTION JOB #0674 LOVEJOY DISTRICT I hereby submit to Your Honorable Body the following changes for the Bailey Genesee Fire Station, Construction, Mollenberg Betz, Inc. C #93000105 1. Furnish and install a 6" valve to the incoming fire protection line Add $ 1,010.00 before the backflow preventer as shown on sketch SK -FP1 The foregoing change results in a net increase in the contract of One Thousand Ten Dollars and 00/100 Dollars ($1,010.00) Summary: Current Contract Amount $328,125.00 Amount of This Change Order ( #1) Add $ 1,010.00 Revised Contract Amount $329,135.00 Costs have been reviewed by the consulting architect (CJS Architects) and the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in 30320106 445100 — Division of Buildings Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated July 3, 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 Mollenberg Betz, Inc., an increase in the amount of $1,010.00, as more fully described in the above communication, for work relating to Job No. 0674, Bailey Genesee Fire Station, Construction, C #93000105. Funds for this project are available in CPF 30320106 445100 - Division of Buildings. PASSED AYES - 9 NOES - 0 NO 26 PERMISSION TO ENTER INTO AGREEMENT ( ELLICOTT) I respectfully request that your Honorable Body authorize the Commissioner of Public Works, Parks and Streets to enter into a Letter of Intent with Siemens Building Technologies, attached. The will allows Siemens Building Technologies to perform an energy audit of the Division of Water facilities including the Colonel Ward Treatment and Pumping Facility. The audit will provide all the energy savings possibilities, which the Department of Public Works believes is significant, including required capital investment and associated annual cost savings. The Buffalo Water Board approved this at their June 11, 2008 meeting. Siemens was selected though a Request of Qualifications (RFQ) process in January 2008. This will allow Siemens to fully evaluate all energy savings possibilities at the Colonel Ward Complex. Siemens was selected to perform the audit because they are experienced, have a detailed approach for this project, and because of their local project involvement and local commitment. COPY AVAILABLE IN THE CITY CLERKS OFFICE FOR REVIEW Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated July 15, 2008, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to enter into a Letter of Intent with Siemens Building Technologies to perform an energy audit of the Division of Water facilities including the Colonel Ward Treatment and Pumping Facility. PASSED AYES - 9 NOES — 0 NO 27 PERMISSION TO INCREASE CONTRACT ERDMAN ANTHONY CONTRACT #92011159 CITY -WIDE I hereby submit to Your Honorable Body the following change for this contract. Erdman Anthony is the engineering consultant for the Large Valve Replacement Project for the City of Buffalo Division of Water Project. The project included study, detailed deign, and construction management. This increase is necessary due to additional design services due to unknown field conditions including rehabilitation of 2 - 60" valves including operator and new concrete vault, additional construction support, an additional 1000 hours of construction inspection, end material testing required to complete metallurgical testing on the 60" valves. I respectfully certify that this increase is fair and equitable for the work involved, end respectfully request that Your Honorable Body approve the subject change order and authorize the Commissioner of Public Works, Parks & Streets to issue said Increase for $175,000.00. The funds are available in a Division of Water account 53210716 445100. REFERRED TO THE COMMITTEE ON FINANCE NO 28 PERMISSION TO INCREASE CONTRACT CGMCONTRACT 492010973 CITY -WIDE I hereby submit to Your Honorable Body the following change for this contract. CGM provides construction management services for the Department of Public Works primarily to inspect restoration work done by utility companies and plumbers for utility cuts in City right -of -way. Utility companies are charged for the inspection, hence this produces revenue for the City This increase is necessary for construction managemen services for the time period of January - October 2008. 1 respectfully certify that this increase 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 increase for $200,000.00. The funds are available in Capital Projects account 30032106 445100 and 31310206 445100. REFERRED TO THE COMMITTEE ON FINANCE NO 29 PERMISSION TO INCREASE CONTRACT HATCH MORT MACDONALD CONTRACT #92011192 ELLICOTT I hereby submit to Your Honorable Body the following change for this contract. Hatch Mort MacDonald is the engineering consultant for the Genesee Street Signals Project for the City of Buffalo. The project included study, detailed deign, and construction management. This increase is necessary for construction inspection. This is a federally funded project. The funding is 80% Federal, 15% State, and 5% City. I respectfully certify that this increase 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 increase for $25,000.00. The funds are available in Capital Projects account 31960306 445600. REFERRED TO THE COMMITTEE ON FINANCE NO 30 PERMISSION TO INCREASE CONTRACT MARQUIS CONTRACT #92010946/92010946A CITY -WIDE I hereby submit to Your Honorable Body the following change for this contract. Marquis provides construction management services for the Department of Public Works for infrastructure inspection primarily for the City's paving program. This increase is necessary for construction management services for the time period of April - November 2008. 1 respectfully certify that this increase 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 increase for $102,000.00. The funds are available in • Capital Projects account 30032106 445100 and 31310206 445100. REFERRED TO THE COMMITTEE ON FINANCE NO 31 PERMISSION TO INCREASE CONTRACT MALCOLM PIRNIE CONTRACT #92010410 NORTH I hereby submit to Your Honorable Body the following change for this contract. Malcolm Pirnie is the engineering consultant for the Squaw Island Landfill Closure Project for the City of Buffalo. The project included study, detailed deign, and construction management for the purpose of implementing the closure Including all required remediation and mitigation of the northern area landfill located on Squaw Island. As part of the closure and permit for this location, landfill cover and wetland mitigation This increase is necessary for pose closure monitoring for 2008 including landfill cover integrity monitoring and maintenance, routine groundwater sampling and analysis, required reporting to the NYSDEC, and the required wetlands mitigation, enhancement, and monitoring. I respectfully certify that this increase is fair and equitable for the work involved, end respectfully request that Your Honorable Body approve the subject change order and authorize the Commissioner of Public Works, Parks & Streets to issue Said increase for $110,000.00. The funds are available in Capital Projects account 31310906 445600 and 30335106 445100. REFERRED TO THE COMMITTEE ON FINANCE NO 32 PERMISSION TO INCREASE CONTRACT STEARNS & WHELER CONTRACT #93000021 ELLICOTT I hereby submit to Your Honorable Body the following change for this contract. Stearns & Wheler designed the backup power facilities for the Division of Water and this is the next phase of the project. This increase is necessary for both construction management and full time resident inspection for the multi -year project. The construction project has been bid, awarded, and the City is in the process of encumbering the contract. The low bidder was below the engineer's estimate. The funds for the construction management phase were not available when design was being completed. I respectfully certify that this increase in fair and equitable for the work involved, and respectfully request that Your Honorable Body approve the subject change order end authorize the Commissioner of Public Works, Parks & Streets to issue said Increase for $309,000.00. The funds are available in n Division of Water account 53210726 445100. REFERRED TO THE COMMITTEE ON FINANCE NO 33 REPORT OF BIDS CRACKFILLING OF CITY PAVEMENTS — 2008, #690 In obtaining these bids for the above mentioned project, I have asked for unit price covering the various items of work and material which will be performed. The final cost of the work will be based on the actual measured quantities of materials entering into the work and may be either more or less than the total bid. The following bids were received: Base Bid Thomann Asphalt Co., Inc. $ 98,855.00 56 Gunville Road, Lancaster, NY 14086 Destro & Brothers Concrete Co. Inc. $150,500.00 411 Ludington Street, Buffalo, NY 14206 1 hereby certify that the low bidder for the above project is Thomann Asphalt Co., Inc. I respectfully recommend that your Honorable Body authorize a contract award in the amount of $ 98,855.00. Funds for this work are available in Capital Project Account #31310406 - 445100. The engineer's estimate for this work is $115,000.00. The attached is certified to be a true and correct statement of the bid received. Under provisions of the General Municipal Law, any of the bidders may withdraw his bid if an award of the contract is not made by August 3 1, 2008. Individual bid submissions are available in oar office for inspection and copies are available upon request. Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated July 16, 2008, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to award a contract for Crackfilling of City Pavements - 2008, #690, to Thomann Asphalt Co., Inc., the lowest responsible bidder, in the amount of $98,855.00. Funds for the project are available in Capital Project Account #31310406 - 445100. PASSED AYES -9 NOES -0 NO 34 REPORT OF BIDS FUHRMANN BLVD. AT UNION SHIP CANAL IMPROVEMENTS PROJECT This is to advise Your Honorable Body that I have advertised and received bids on July 9, 2008 for the above referenced project. There were only two bids received. They are: Contractor Base Bid Total Bid Price Destro & Bros Concrete Co. Inc $397,335.00 $417,201.75 411 Ludington St. Buffalo, NY 14206 Occhino Corp. $411,253.00 $431,815.65 2650 Seneca Street West Seneca New York I hereby certify that the lowest responsible bidder for the above project is Destro & Bros. Concrete Co., Inc. and I respectfully recommend that Your Honorable Body authorize a contract award to Destro & Bros. Concrete Co., Inc. in the amount of $417,201.00. (Base Bid of $397,335.00 + [5% unit price increases] $19,866.75 equals [Total Award] $417,201.75). The engineer's estimate for this work is $331,196.32. Funds for this project are available in Accounts #31730006 - 445100; #31310206 - 445100; Account #31310406-445100 and #30032106 - 445100. Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated July 10, 2008, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to award a contract for Fuhrmann Boulevard at Union Ship Canal Improvements Project, to Destro & Bros. Concrete Co., Inc., the lowest responsible bidder, in the amount of $417,201.75 (Base Bid of $397,335.00 + [5% unit price increases] $19,886.75 equals a Total Award of $417,201.75). Funds for the project are available in Accounts #31730006- 445100, #31310206- 445100; Account #31310406-445100; and #30032106 - 445100. PASSED AYES - 9 NOES - 0 NO 35 REPORT OF BIDS MEAD BRANCH LIBRARY ROOF RECONSTRUCTION JOB #0819 LOVEJOY DISTRICT I advertised for on June 24, 2008, and received the following formal sealed bids for the Mead Branch Library, Roof Reconstruction, which were publicly opened and read on July 8, 2008. Progressive Roofing Inc $66,900.00 331 Grote, Buffalo NY Jameson Roofing $68,992.00 3761 East Lake, Dunkirk, NY Jos. A. Sanders $84,533.00 PO Box 814, Buffalo NY Grove Roofing Services $98,400.00 131 Reading, Buffalo NY I hereby certify that the foregoing is a true and correct statement of all bids received and that Progressive Roofing, Inc. with a bid of Sixty Six Thousand Nine Hundred and 00/100 Dollars ($66,900.00), is the lowest responsible bidder in accordance with the plans and specifications. I recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to order the work on the basis of the low bid. Funds for this project are available in 39320106 445100, Buildings. Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated July 9, 2008, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to award a contract for Mead Branch Library, Roof Reconstruction, to Progressive Roofing, Inc., the lowest responsible bidder, in the amount of $66,900.00. Funds for the project are available in 39320106 445100, Buildings. PASSED AYES -9 NOES -0 NO. 36 REPORT OF BIDS STREET CUT REPAIR -2008 GROUP# 689 In obtaining these bids for the above mentioned project, I have asked for unit price covering the various items of work and material which will be performed. The final cost of the work will be based on the actual measured quantities of materials entering into the work and may be either more or less than the total bid. The following bids were received: Base Bid Unit Price Increase Destro & Brothers Concrete Co. Inc. 411 Ludington Street, Buffalo, NY 14206 $541,750.00 $595,925.00 Thomann Asphalt 56 Gunville Road, Lancaster, NY 14086 $643,350.00 $707,685.00 Pinto Construction Services, Inc. Babaock Street, Buffalo, NY 14210 $833,700.00 $917,030.00 1 hereby certify that the low bidder for the above project is I respectfully recommend that your Honorable Body authorize a contract award in the amount of $595,925.00 ($541,750.00 + 10% unit price increase of $54,175.00 = $ 595,925.00 ) Funds for this work are available in Capital Project Account #31310406 - 445100. Permission is also requested to accept funds from Division of Water and deposit into our account #53023517 - 473020 to fund portions of this work. The engineer's estimate for this work is $566,920.00. The attached is certified to be a true and correct statement of the bid received. Under provisions of the General Municipal Law, any of the bidders may withdraw his bid if an award of the contract is not made by August 3 1, 2008. Individual bid submissions are available in our office for inspection and copies are available upon request. Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated July 16, 2008, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to award a contract for Street Cut Repair - 2008, Group #689, to Destro & Brothers Concrete Co., Inc., the lowest responsible bidder, in the amount of $595,925.00 ($541,750.00 + 10% unit price increase of $54,175.00 = $595,925.00). Funds for the project are available in Capital Project Account #31310406 - 445100, Buildings and to accept funds from the Division of Water to deposit into #53023517 - 473020. PASSED AYES - 9 NOES — 0 NO. 37 REQUEST PERMISSION TO PURCHASE VEHICLES AND EQUIPMENT Our Department is requesting permission to buy several new trucks and equipment for our Streets Division. Vehicles to be purchased are as follows. 1) (3) TN 60 Tractors w /flail mowers (State Contract) $81,000.00 2) (4) Gas Powered trimmers (3 Estimates) $1,300.00 3) (15) 10' Plow blades (Out to Bid) $120,000.00 4) (1) 5 Ton Fork Lift (Out to Bid) $50,000.00 5) (1) Recycling & Recharging air conditioning unit (3 estimates) $5,000.00 6) (1) Set of (4) Mohawk mobil column lifts (State Contract) $32,000.00 7) (1) Flusher Complete (out to bid) $150,000.00 8) (1) 644 Loader (out to bid) $200,000.00 9) (3) F450 Dump / Plow / Spreader. (State Contract $779,300.00 Funds for these purchases will come from the following account: 31311006 - 445100 Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated July 9, 2008, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to purchase vehicles and equipment, as listed in the above communication. Funds for the purchases are available in 31311006 - 445100. PASSED AYES -9 NOES -0 NO., 38 REQUEST PERMISSION TO PURCHASE VEHICLES AND EQUIPMENT Our Department is requesting permission to buy several new trucks and equipment for our Streets Division. Vehicles and equipment to be purchased are as follows. 1) (3) Plows $450,000.00 2) (2) Packer w /Tippers $370,000.00 3) (1) Elgin Sweeper $140,000.00 4) (1) Frontend loader $150,000.00 5) (1) Pickup (State Contract) $23,000.00 TOTAL $1,133,000.00 Funds for these purchases will come from the following accounts: 15050007 - 474200 Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated July 9, 2008, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to purchase new tracks and equipment for Streets Division, as listed in the above communication. Funds for the purchases are available in 15050007 - 474200. PASSED AYES -9 NOES -0 NO. 39 YARD WASTE DISPOSAL I respectfully request that Your Honorable Body authorize the Department of Public Works, Parks and Streets to be able to advertise and receive bids for the recycling of City of Buffalo's yard waste. Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated July 16, 2008, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to advertise and receive bids for the recycling of City of Buffalo's yard waste. PASSED AYES -9 NOES -0 NO. 40 CERTIFICATE OF APPOINTMENT Appointment Effective: 06/16/2008 in the Department of Public Works, Division of Streets to the Position of Director of Street Sanitation, Provisional Appointment at the flat starting salary of $58,542.00 Paul Sullivan, 139 Downing Street, Buffalo, NY 14220 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 41 CERTIFICATE OF APPOINTMENT Appointment Effective: 07/09/2008 in the Department of Public Works, Division of Streets to the Position of Supervisor of St Sanitation I, Permanent Appointment at the Maximum salary of $34,311.00 Ronald Miller, 308 Fayette Avenue, Kenmore NY 14223 Michael Krupp, 253 Boll Street, Sloan, NY 14212 Nicholas Tomasulo, 25 Hodge Avenue, Buffalo, Ny 14222 Anthony Serio, 71 Spruce Road, Amherst NY 14226 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 42 CERTIFICATE OF APPOINTMENT Appointment Effective: in the Department of Public Works, Division of Streets to the Position of Supervisor of St Sanitation I, Permanent appointment at the third step of $32,191.00 Michael Dziamski, 1041 Backus Road, Derby NY 14047 James Juliano, 145 Potters Road, Buffalo, NY 14220 REFERRED TO THE COMMITTEE ON CIVIL SERVICE TOTAL $13,853.13 The Drag 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. RECEIVED AND FILED NO. 44 SUB— CT:[:HIGH RISK AND ARMED ENCOUNTERS EQUIPMENT /TRAINING GRANT The Buffalo Police Department has been awarded $15,000 by the Division of Criminal Justice Services to be utilized by our police range for equipment as it relates to the training of law enforcement officers in the areas of high risk and armed encounters. As part of the mandatory requirements, we had to send two (2) of our Police Range Officers to specialized training held in April (expenditures were covered under this grant) and we could not request any type of equipment until this advanced reality -based training, which included classroom instruction and practical exercise was given. This training now enables our range officers to safely and effectively conduct this training instruction to police officers. The training involving scenarios to shoot /don't shoot" simmunitions situations, enhancing an officer's decision making skills, reaction and response time, and ultimately their safety and survival in a high risk situation. We have been working with DCJS who must approve our equipment list which includes simmunition protective equipment, marking cartridge ammunition, whistles, training guns, etc. The source of this funding is from a pool of "leftover" funds that the State offered to our Department and we have until September 30, 2008 to spend down. Because your Honorable Body will be on recess, and because we just received the approval from DCJS to move forward with the actual procurement of the equipment, we are asking that you approve the acceptance of these funds. We are also requesting that your Honorable Body also authorize the Comptroller to provide for an inter -fund cash loan in the amount of $15,000 for all non - personnel expenditures (training: $953.74 and equipment: $14,046.26 until such reimbursement is secured from the State's Division of FROM THE COMMISSIONER OF POLICE NO. 43 DRUG ASSET FORFEITURE WIRE TRANSFERS 08 -D EA- 492397 C2 -08 -0019 1,154.89 07 -DEA- 477736 C2 -07 -0035 887.46 07 -DEA- 491059 C2 -08 -0006 1,994.89 08 -DEA- 494498 C2 -08 -0041 7,737.92 08 -DEA- 494498 C2 -08 -0041 2,077.97(15% SAFF) TOTAL $13,853.13 The Drag 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. RECEIVED AND FILED NO. 44 SUB— CT:[:HIGH RISK AND ARMED ENCOUNTERS EQUIPMENT /TRAINING GRANT The Buffalo Police Department has been awarded $15,000 by the Division of Criminal Justice Services to be utilized by our police range for equipment as it relates to the training of law enforcement officers in the areas of high risk and armed encounters. As part of the mandatory requirements, we had to send two (2) of our Police Range Officers to specialized training held in April (expenditures were covered under this grant) and we could not request any type of equipment until this advanced reality -based training, which included classroom instruction and practical exercise was given. This training now enables our range officers to safely and effectively conduct this training instruction to police officers. The training involving scenarios to shoot /don't shoot" simmunitions situations, enhancing an officer's decision making skills, reaction and response time, and ultimately their safety and survival in a high risk situation. We have been working with DCJS who must approve our equipment list which includes simmunition protective equipment, marking cartridge ammunition, whistles, training guns, etc. The source of this funding is from a pool of "leftover" funds that the State offered to our Department and we have until September 30, 2008 to spend down. Because your Honorable Body will be on recess, and because we just received the approval from DCJS to move forward with the actual procurement of the equipment, we are asking that you approve the acceptance of these funds. We are also requesting that your Honorable Body also authorize the Comptroller to provide for an inter -fund cash loan in the amount of $15,000 for all non - personnel expenditures (training: $953.74 and equipment: $14,046.26 until such reimbursement is secured from the State's Division of Criminal Justice Services. The loan would then be repaid as the reimbursements are sent to the City from the State under this grant initiative. Again, we just received permission to proceed with procuring the equipment, thus our reason for the "late" file. We are respectfully requesting that your Honorable act as quickly as possible to vote on this item since this initiative is very time sensitive and we must purchase, receive and pay for the equipment by 9/30/08, and also, because your Honorable Body will be recessing soon for the summer. If additional information is required, please feel free to contact Captain Mark Makowski at 851 -5643 or Maureen Oakley of our Grants Section at 851 -4475. We appreciate your immediate attention to this matter given the tight time frame and the State's generosity to our City. Mr. Fontana moved: That the above communication from the Commissioner of Police dated July 17, 2008, be received and filed; and That the Commissioner of Police, be and he hereby is authorized to accept the award of $15,000 from the Division of Criminal Justice Services to be utilized by the police range for equipment as it relates to the training of law enforcement officers in the areas of high risk and armed encounters. That the Comptroller be, and he hereby is authorized to provide an interfund cash loan in the amount of $15,000.00 for all non - personnel expenditures (training: $953.74 and equipment: $14,046.26), until such reimbursement is secured from the State's Division of Criminal Justice. The loan will then be repaid as the reimbursements are sent to the City from the State under this grant initiative. PASSED AYES -9 NOES -0 FROM THE CORPORATION COUNSEL NO. 46 ASHLAND ACCESS AGREEMENT FOR CLEAN UP OF CITY PROPERTY NEAR 1 HOWELL STREET (SCAJAQUADA PATHWAY Attached please find a draft version of an access agreement for City -owned parcels abutting or near 1 Howell Street. This Honorable Body previously approved an access agreement for these properties on October 17, 2006 as Item No. 18. Ashland, Inc. and its contractor, under supervision and direction of the New York State Department of Environmental Conservation (NYSDEC), have made efforts to clean up properties contaminated by activities of Ashland, Inc., or it predecessors. The prior access agreement approved by this Honorable Body has expired. Ashland, Inc. and its contractor currently need access to City owned parcels to investigate the present extent of contamination given the previous remediation efforts. The investigation shall entail conducting subsurface borings on City -owned parcels as well as the restoration of the affected parcels. We respectfully request that your Honorable Body approve the draft access agreement and permit the City's Law Department to finalize the access agreement without further approval assuming no changes of a substantive nature shall be made to the draft access agreement. We further request that your Honorable Body authorize the Commissioner of the Department of Public Works, Parks and Streets to execute the agreement on behalf of the City. Mr. Fontana moved That the draft access agreement is hereby approved and the City's Law Department is authorized to finalize the access agreement without further approval assessing no charges of a substantive nature shall be made to the draft assess agreement PASSED AYES -9 NOES -0 NO. 46 MUNICIPAL CODE VIOLATIONS REPORT 96 C.C.P. 02/21/06) Your Honorable Body has asked the Bureau of Administrative Adjudication to file a monthly report indicating the total number of violations cited by the violation type for each department, division and /or office charged with issuing violation notices. Attached is the requested report for violations cited during the months of May and June 2008. As you can see from the attached reports, 1539 summonses were issued in May and 1569 summonses were issued in June by the various departments. RECEIVED AND FILED NO. 47 DRAFT NEGATIVE DECLARATION NOTICE OF DETERMINATION OF NON - SIGNIFICANCE APPLICANT: STILLWATER HOLDINGS, LLC This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (SEAR -State Environmental Quality Review) of the Environmental Conservation Law. Lead Agency City of Buffalo Common Council City Hall : Room 1400 : 65 Niagara Square Buffalo, New York 14202 Per the provisions of SEAR, the Common Council of the City of Buffalo as the Lead Agency has reviewed the following action as it relates to the environment and has determined that the proposed action described below will not have a significant environmental impact and a Draft Environmental Impact Statement will not be prepared. Name of Action: Stillwater conversion of asphalt pad into outdoor patio pad. - Issuance of a Restricted Use Permit for a Restaurant /Nightclub in the interior of the existing structure only pursuant to City Charter and Code § §511- 58(D) and 511 -55. - Issuance of a Restricted Use Permit for a Restaurant /Patio to the rear of the existing structure identified by the addresses below for the conversion of approximately 3,500 feet of asphalt currently used as a parking lot into a patio garden with masonry, stone pavers and 30% vegetation. - Issuance of a Certificate of No Effect /Exception /Appropriateness to allow for the alteration of the existing parking lot into a patio garden within the Allentown Historic Preservation District without any alteration to the existing buildings located at the below listed addresses. 483 Delaware Avenue (combined address for 481 -487 Delaware Avenue) Buffalo, New York. Description" Stillwater Holdings, LLC. is applying for a restricted use permit to use the interior of 481 -487 Delaware Avenue (combined as 483 Delaware Avenue) as a restaurant /nightclub (under reservation of rights) within the Special Delaware Review District. The application also requests a restricted use permit to use a 3500 square foot portion of the parking located behind 381 -387 Delaware Avenue for a restaurant /"garden patio." The garden patio restricted use permit is in connection with a request for a Certificate of Exception /Appropriateness from the City of Buffalo Preservation Board to allow for the alteration of the existing parking lot to provide for the construction of a masonry wall adjacent to Virginia place, additional iron gating around the area and the installation of stamped concrete and masonry pavers and vegetation. The Special Delaware Review District requires the issuance of a restricted use permit for uses including both dance halls and nightclubs and eating and drinking places (City Charter and Code §511- 58(D)). Additionally, the location of the property within the Allentown Local Preservation District and contiguous to the Allentown National Register of Historic Places District makes it subject to review by the City of Buffalo Preservation Board pursuant to §337 -19 of the City Charter and Code. As a result of this Environmental Review, the Lead Agency has determined that the undertaking of this action will not have a significant adverse affect on the quality of the environment. No further environmental review of this action will be conducted prior to granting or denying the approvals sought and a Draft Environmental Impact Statement will not be prepared. Reasons Supporting This Determination: The facts and reasons for this determination include as follows: (1) The proposed action calls for the replacement of a portion of the existing parking lot (a total of nine parking spaces) with a garden patio to be used for fine dining /restaurant purposes and use of the interior of the structure for nightclub /restaurant purposes. The boundaries of the proposed garden, together with limitations on hours of operation and the erection of a masonry wall and vegetation will provide for sufficient outdoor noise buffer to prevent any substantial change in ambient noise levels. Additionally, compliance with City Code noise ordinances prevents any adverse impact on noise levels originating in the indoor restaurant and night club. Therefore, there will not be any substantial change in existing air quality, traffic or noise levels. (2) The proposed garden patio will result in no physical alteration to the four -story mixed use building, which occupies four property addresses along the City's Delaware Avenue "Midway." The masonry wall and additional gating, stone pavers and vegetation will replace a 3500 \square foot portion of the asphalt parking lot currently abutting the buildings to the rear. While the parking lot will be altered, there will be no significant adverse impact on historic, cultural or aesthetic resources associated with the construction of the patio. (3) The identified potential negative impacts appear to be short -term site preparation and construction - related activities and do not appear to be significant in magnitude or effect. There are no actions, which will have a significant adverse impact on the environment. For further information relative to this Negative Declaration, contact Mr. Timothy A. Ball, Assistant Corporation Counsel, Room 1102 City Hall, Buffalo, New York 14202 -(716) 851 -4318. Mr. Fontana moved: That the communication from the Corporation Counsel, dated July 17, 2008, be received and filed; and That the Draft Negative Declaration /Notice of Determination of Non - Significance for the Stillwater conversion of an asphalt pad into an outdoor patio pad is hereby adopted. ADOPTED NO. 48 RESPONSE TO NOTICE OF PROPOSED LEAD AGENCY DESIGNATION CITY OF BUFFALO COMMON COUNCIL RESTRICTED USE PERMIT AND PROPOSED IMPROVEMENTS TO 481 -487 DELWARE AVENUE. Please complete and return this page via fax (716- 851 - 4105), hand delivery or by regular mail. On behalf of the Department of Economic Development, Permits and Inspections Services I Acknowledge receipt of the t lead agency designation notice in this matter. The above named agency hereby X CONSENTS that the above named agency serve as lead agency in this application, and requests that the undersigned continue to be notified of SEQR determinations, proceedings and hearing in this matter. [ ] DOES NOT CONSENT to the above named agency serving as lead agency in this application and requests that serve as lead agency. To contest lead agency, the undersigned intends to follow the procedures outlined in 6 NYCRR Part 617.6(e). REFERRED TO THE COMMITTEE ON LEGISLATION NO. 49 RESPONSE TO NOTICE OF PROPOSED LEAD AGENCY DESIGNATION CITY OF BUFFALO COMMON COUNCIL RESTRICTED USE PERMIT AND PROPOSED IMPROVEMENTS TO 481 -487 DELWARE AVENUE. Please complete and return this page via fax (716 -85 i- 4105), hand delivery or by regular mail. On behalf of Dept of Public Works, Parks and Streets I acknowledge receipt of the lead agency designation notice in this matter. The above named agency hereby (please check one): X CONSENTS that the above named agency serve as lead agency in this application, and requests that the undersigned continue to be notified of SEQR determinations, proceedings and hearing in this matter. DOES NOT CONSENT to the above named agency serving as lead agency in this application and requests that serve as lead agency. To contest lead agency, the undersigned intends to follow the procedures outlined i 6 NYCRR Part 617.6(e). REFERRED TO THE COMMITTEE ON LEGISLATION NO 50 STATE ENVIRONMENTAL QUALITY REVIEW - STILLWATER 483 DELAWARE AVE FULL ENVIRONMENTAL ASSESSMENT FORM The full EAF is designed to help applicants and agencies determine, in an orderly manner, whether a project or action may be significant. The question of whether an action may be significant is not always easy to answer. Frequently, there are aspects of a project that are subjective or unmeasurable. It is also understood that those who determine significance may have little or no formal knowledge of the environment or may not be technically expert in environmental analysis. In addition, many who have knowledge in one particular area may not be aware of the broader concerns affecting the question of significance. The full EAF is intended to provide a method whereby applicants and agencies can be assured that the determination process has been orderly, comprehensive in nature, yet flexible enough to allow introduction of information to fit a project or action. COPY AVAILABLE IN THE CITY CLERKS OFFICE FOR REVIEW REFERRED TO THE COMMITTEE ON LEGISLATION NO 51 FOOD STORE 139 VERMONT (NIAGARA DISTRICT) Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Used Car Dealer License located at 139 Vermont and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collections Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Mr. Fontana moved: That the above communication from the Department of Economic Development, Permit and Inspections Services dated July 17, 2008, be received and filed; and That pursuant to Chapter 194 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services be, and he hereby is authorized to grant a Food Store License to Marlon Richardson located at 139 Vermont. PASSED AYES -9 NOES -0 NO 52 LODGING HOUSE LICENSE 1900 BAILEY (LOVEJOY) Pursuant to Chapter 254 of the City of Buffalo Ordinances please be advised that I have examined the attached application for a Lodging House License located at 1900 Bailey Ave and find that as to form is correct. I have caused an investigation into the premises for which said application for a Lodging House license is being sought and according to the attached reports from the Zoning Office, Fire Department, Police, Health 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 Rev. Terry King. The attached thereto for Rev. Terry King d /b /a Saving Grace Ministries Inc. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION NO 53 LODGING HOUSE LICENSE 45 WEST CHIPPEWA (ELLICOTT) Pursuant to Chapter 254 of the City of Buffalo Ordinances please be advised that I have examined the attached application for a Lodging House License located at 45 West Chippewa and find that as to form is correct. 1 have caused an investigation into the premises for which said application for a Lodging House license is being sought and according to the attached reports from the Zoning Office, Fire Department, Police, Health Department and Building Inspections. I find it complies with all regulations and other applicable laws. The attached thereto for Candace Isaacs. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION. NO 54 RESTAURANT DANCE LICENSE (RENEWAL) 68 CHIPPEWA WEST (ELLICOTT) Pursuant to Chapter 150 of the City of Buffalo Ordinances, please be advised that I have caused an investigation into the premises located at 68 Chippewa West (Subzero Nightclub) for which said renewal application for a Restaurant Dance Class III license is being sought by John Balconi and according to the attached reports from the Fire Department, Police Department and Building Inspections, I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Mr. Fontana moved: That the above communication from the Department of Economic Development, Permit and Inspections Services, dated July 7, 2008, be received and filed; and That pursuant to Chapter 150 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services be, and he hereby is authorized to grant a Restaurant Dancing Class 111 renewal license to John Balconi d /b /a Subzero Nightclub located at 68 Chippewa West. Conditions: -No Plastic banners display between hours of 7:00 am & 9:00 pm - Exterior of premise must be cleaned of litter by 7:00 am after each day or night of operation -If Present, graffiti must be removed with in 72 hours PASSED AYES -9 NOES -0 NO 55 SECOND HAND DEALER 2636 DELAWARE AVE (DELAWARE) Pursuant to Chapter 254 of the City of Buffalo Ordinances please be advised that I have examined the attached application for a Second Hand Dealer License located at 2636 Delaware Ave and find that as to form is correct. I have caused an investigation into the premises for which said application for a second hand dealer license is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspections. I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of Roger Dunlap. The attached thereto for Roger Dunlap d /b /a Hollywood Video /Game Crazy. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION NO 56 SECOND HAND DEALER 1330 NIAGARA ST (NIAGARA) Pursuant to Chapter 254 of the City of Buffalo Ordinances please be advised that I have examined the attached application for a Second Hand Dealer License located at 1330 Niagara St. and find that as to form is correct. I have caused an investigation into the premises for which said application for a second hand dealer license is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspections. I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of Camille Waters. The attached thereto for Camille Waters d /b /a Datz Dat. 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 July 2, 2008, be received and filed; and That pursuant to Chapter 254 of the City Code, the Commissioner of Economic Development Permit and Inspections Services be, and he hereby is authorized to grant a Second Hand Dealer license to Camille Waters d /b /a Datz Dat located at 1330 Niagara. PASSED AYES -9 NOES -0 NO 57 SIDEWALK CAFE LICENSE 1122 HERTEL (DELAWARE) The Common Council approved a sidewalk cafe for the restaurant located at 1122 Hertel on May 29, 2007 (Item #36). The restaurant, formerly known as Class Act is now owned by John Bolla, J Shepard Inc (The Spot on Hertel). Mr. Bolla 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. REFERRED TO THE COMMITTEE ON LEGISLATION NO 58 USED CAR DEALER 1525 WILLIAM ST (LOVEJOY) Pursuant to Chapter 254 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Used Car Dealer License located at 1525 William 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, 1 find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of Troy Wilson. The attached thereto for Troy Wilson dba/ Special Auto Sales. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION BUFFALO MUNICIPAL HOUSING AUTHORITY NO 59 JOSEPH MASCIA, ELECTED BY TENANTS TO SERVE AS A MEMBER Mr. Joseph Mascia, residing at 47 Marine Drive, Apt. 4 -E, Buffalo, New York 14202, who is presenting this letter, was elected by the tenants -at- large residing in developments of the Buffalo Municipal Housing Authority to serve as a Member of the Authority for a term of two years, commencing July 1, 2008 to June 30, 2010, pursuant to Chapters 482 and 483 of the Law of 1974. Kindly administer the Oath of Office to Mr. Mascia and forward a certified copy of the Oath to this office. Thank you for your cooperation ix1 tiffs matter. Very truly yours Paul W. Wolf General Counsel RECEIVED AND FILED NO 60 LEONARD WILLIAMS, ELECTED BY TENANTS TO SERVE AS A MEMBER Mr. Leonard Williams, residing at 275 Oakmont Street, Buffalo, New York 14215, who is presenting this letter, was elected by the tenants -at -large residing in developments of the Buffalo Municipal Housing Authority to serve as a Member of the Authority for a term of two years, commencing July 1, 2008 to June 30, 2010, pursuant to Chapter 482 and 483 of the Law of 1974. Kindly administer the Oath of Office to Mr. Williams and forward a certified copy of the Oath to this office. Thank you for your cooperation in this matter. Very truly yours Paul W. Wolf General Counsel RECEIVED AND FILED FROM THE CITY CLERK NO 61 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 1672 Elmwood Avenue Papa Jakes Tavern Scott Leary HSBC Arena Harbour Club 200 Sportservice LLC 42 -44 West Chippewa St Omega Lounge, LLC Vishnu Reddy 252 Delaware Ave Bouali Hospitality Inc Elhabib Bouali RECEIVED AND FILED NO 62 REPORTS OF ATTENDANCE I transmit herewith communications received by me, from the various boards, commissions, agencies and authorities reporting the membership attendance at their respective meetings: Buffalo Sewer Authority RECEIVED AND FILED. NO 63 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 7/1/2008 in the Department of Common Council Division of Masten District to the Position of Intern 11 Seasonal, Non - Competitive, Flat starting salary of $7.15 Cydney Johnson, 125 William, Buffalo 14214 CERTIFICATE OF APPOINTMENT Appointment effective 7/14/2008 in the Department of Common Council Division of Masten District to the Position of Intern VI Seasonal, Non - Competitive, Flat starting salary of $10.00 Kevin Louimarre, 178 Lisbon, Buffalo 14214 CERTIFICATE OF APPOINTMENT Appointment effective 7/14/2008 in the Department of Common Council Division of Lovejoy District to the Position of Intern VI Seasonal, Non - Competitive, Flat starting salary of $10.00 Beatrice Collett, 63 Davey St, Buffalo 14206 CERTIFICATE OF APPOINTMENT Appointment effective 7/14/2008 in the Department of Common Council Division of University District to the Position of Intern V Seasonal, Non - Competitive, Flat starting salary of $8.00 Phylicia Thomas, 154 Berkshire, Buffalo 14215 NO 64 NOTICES OF APPOINTMENTS - COUNCIL INTEMS 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 7/21 /2008 in the Department of Common Council Division of Ellicott District to the Position of Intern IX Seasonal, Non - Competitive, Flat starting salary of $11.00 Mark A. Smalls Jr, 290 Riley Street, Apt 2, Buffalo 14208 NO 66 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 7/22/2008 in the Department of Common Council Division of Lovejoy District to the Position of Intern I Seasonal, Non - Competitive, Flat starting salary of $7.00 Jenell Yammarino, 105 Longnecker St, Buffalo 14206 NO 66 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 June 2, 2008 in the Department of Community Service & Recreational Programming Division of Youth to the Position of Intern II Seasonal Unclassified Flat Starting Salary of $7.15 Joseph Calabrese, 58 West Delavan Ave, Buffalo 14213 Matthew Fitzpatrick, 59 Edgewood Ave, Buffalo 14220 Joseph Torres, 2131 Niagara St, Buffalo 14207 Zuleyka Toledo, 3 Upper East Ln, Buffalo 14201 Rocky Rodriguez, 115 7 th St, Buffalo 14213 Luis Rivera, 112 Gallatin Ave, Buffalo 14207 Hector Reyes, 466 14 St, Buffalo 14213 Julio Perez, 161 Marine Dr Apt 7D, Buffalo 14202 Jesus Perex- Lebron , 130 Ontario St, Buffalo 14207 Samuel Montanez, 300 Trenton Ave, Buffalo 14201 David Mercado, 318 Auburn Ave, Buffalo 14213 Christian Melendez, 107 Sprenger St, Buffalo 14211 Saffire Gonzalea, 67 Hoyt St, Buffalo 14213 Wilfredo Justinano, 100 7 th St, Buffalo 14201 Jeremy Garcia, 114 Laird, Buffalo 14207 Vanessa Laboy, 78 Hudson St, Buffalo 14201 Antonio Cortez, 129 W Delavan, Buffalo 14213 Marangelys Concepcion, 22 Sterns St, Buffalo 14215 Flora Colon, 802 West Ave, Buffalo 14213 Luis Bonilla, 802 West Ave, Buffalo 14213 Patrick Goodspeed, 145 Shenandoah Rd, Buffalo 14220 Jeitzaly Torres Alvarez, 175 Normal Buffalo 14213 Reynaldo Villamil Perez, 192 Bird Ave, Buffalo 14213 Erika Sykes, 143 Oakgrove Ave, Buffalo 14214 Calvin Williams, 89 Mills St Apt 3, Buffalo 14212 Giovanni Montalvo, 129 Crystal Ave, Buffalo 14220 Clifton Calder, 125 Westminister Ave, Buffalo 14215 Stephanie Duffin, 18 Peoria St, Buffalo 14207 Patrice Bukesencza, 186 Gorton St, Buffalo 14207 Xavier Sellers, 53 Eureka St, Buffalo 14204 Airyana Buster, 139 Hawley, Buffalo 14213 Anothony Favors, 46 Kenova St, Buffalo 14214 Sidney Gonzales, 176 West Ave, Buffalo 14201 Blane Hodge- Smith Jr, 51 East Depew Ave, Buffalo 14214 Miranda Jones, 98 Wright Ave, Buffalo 14215 Terrell Jones, 163 Hinman Ave, Buffalo 14216 Isaiah Jones, 239 E Amherst, Buffalo 14214 Daisy Medina, 521 17 Street, Buffalo 14201 Tevin Jeter, 129 Debra Lane, Buffalo 14207 Siobhan Powers, 110 Anderson Place, Buffalo 14222 Sharmica Roberts, 520 Glenwood, Buffalo 14208 Shalanda Rivers, 31 Ada PI, Buffalo 14208 Daniel Tadusz, 99 Homer, Buffalo 14216 Jalisha Feaster, 68 Emerson PI, Buffalo 14209 Kathleen Battel, 64 Fuller Street, Buffalo 14207 CERTIFICATE OF APPOINTMENT Appointment effective June 2, 2008 in the Department of Community Service & Recreational Programming Division of Youth to the Position of Intern II Seasonal Open- Competitive Flat Starting Salary of $7.15 Daniel Tadusz, 99 Homer, Buffalo 14216 Vincent Eldridge Jr, 7 Anthony Tauirello, Buffalo 14201 Kavon Johnson, 648 Adams St, Buffalo 14211 Marcus Nelson, 235 Pine St, Buffalo 14204 Matthew Fitzpatrick, 59 Edgewood Ave, Buffalo 14220 Brianna Farrow, 16 Block, Buffalo 14211 Philip Ward, 240 Phyllis Ave, Buffalo 14215 Michael Bonilla, 387 Perry St, Buffalo 14204 Marlon Carrier, 614 E North St, Buffalo 14211 Sharmica Roberts, 520 Glenwood, Buffalo 14208 Andrew Clark, 114 Waverly St, Buffalo 14208 CERTIFICATE OF APPOINTMENT Appointment effective June 2, 2008 in the Department of Community Service & Recreational Programming Division of Youth to the Position of Intern II Seasonal Unclassified Flat Starting Salary of $8.15 Patrick Hanley, 51 Ramona Ave, Buffalo 14220 Xavier Harris, 274 Potomac, Buffalo 14213 CERTIFICATE OF APPOINTMENT Appointment effective June 2, 2008 in the Department of Community Service & Recreational Programming Division of Youth to the Position of Intern III Seasonal Unclassified Flat Starting Salary of $8.15 Cordaro Linder, 202 Blaine Ave, Buffalo 14208 Jamal Norward, 186 Gorton St, Buffalo 14214 CERTIFICATE OF APPOINTMENT Appointment effective June 2, 2008 in the Department of Community Service & Recreational Programming Division of Youth to the Position of Intern III Seasonal Open- Competitive Flat Starting Salary of $8.15 William Donovan, 239 Easton Ave, Buffalo 14215 Ekua A Mends- Aidoo, 178 Lisbon Lower, Buffalo 14214 CERTIFICATE OF APPOINTMENT Appointment effective July 7, 2008 in the Department of Community Service & Recreational Programming Division of Youth to the Position of Intern II Seasonal Unclassified Flat Starting Salary of $7.15 Brandi Brice, 1160 Kensington, Buffalo 14215 Jassalyn Giles, 19 Dignity Ln, Buffalo 14215 Destiny Stevenson, 78 Theodore, Buffalo 14211 Jordan Hawkins, 204 Millicent, Buffalo 14215 Ahmed Musa, 65 Maryner Homes, Buffalo 14207 Yessenia Enamorado, 90 Hudson, Buffalo 14201 Taylor Gary, 72 West Cleveland, Buffalo 14215 Ikeem Lyons, 86 Colfax, Buffalo 14215 Ashley McCool, 53 Oakhurst, Buffalo 14220 Mario Dade, 78 Hamlin Rd, Buffalo 14208 Kevin Chillis, 226 Brunswick, Buffalo 14208 Shalia Cook, 35 Sumner PI, Buffalo 14211 Siarra Lumkin, 44 Arden, Buffalo 14215 Ashley Baker, 44 Rose, Buffalo 14204 Aziz Abubeker, 58 Oxford, Buffalo 14209 Kala Davis, 47 Collins Wlk, Buffalo 14215 Kristine Mitchell, 79 Humason, Buffalo 14211 Tiarra Lumkin, 44 Arden, Buffalo 14215 Kamilah Khalfani, 37 Crestwood Ave, Buffalo 14216 Patrick Jordan, 218 Cumberland, Buffalo 14220 Alyshia Jackson, 352 Herkimer, Buffalo 14213 Javon Fogan, 317 Shirley, Buffalo 14215 Njideka Noble, 54 Admiral Rd, Buffalo 14216 Breana Brice, 1160 Kensington, Buffalo 14215 CERTIFICATE OF APPOINTMENT Appointment effective July 7, 2008 in the Department of Community Service & Recreational Programming Division of Youth to the Position of Intern III Seasonal Unclassified Flat Starting Salary of $8.15 Norvella Pendergrass, 348 Newburgh, Buffalo 14215 Jeffrey Goodwin, 841 Dick Rd, Buffalo 14225 CERTIFICATE OF APPOINTMENT Appointment effective July 7, 2008 in the Department of Community Service & Recreational Programming Division of Youth to the Position of Intern II Permanent Unclassified Minimum Starting Salary of $7.15 Keyonna Mims, 445 Shirley, Buffalo 14215 Jequanna Roberts, 17 Connelly, Buffalo 14215 Daniel Candelario, 71 Shoshone, Buffalo 14214 Jontaya Barron, 152 Cedar Rd, Buffalo 14215 Anthony Dobbins, 490 Glenwood, Buffalo 14208 Victoria Candelario, 71 Shoshone, Buffalo 14214 Jonathan Ruiz- Castro, 303 Jersey, Buffalo 14201 Ricky Ruiz- Castro, 303 Jersey, Buffalo 14201 CERTIFICATE OF APPOINTMENT Appointment effective July 7, 2008 in the Department of Community Service & Recreational Programming Division of Youth to the Position of Intern II Permanent Unclassified Minimum Starting Salary of $11.00 RaShaun Crule, 84 Rich, Buffalo 14211 NO 67 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 Service & Recreational Programming Division of Youth to the Position of Intern 11 Permanent Unclassified Hourly Starting Salary of $7.15 Alana Agostini, 142 Wesley, Buffalo 14214 Savannah Baker, 34 Troupe, Buffalo 14210 Edwin Borrero, 24 Midland, Buffalo 14220 Airiyana Buster, 129 Hawley, Buffalo 14213 Thomas Butler, 1319 E Delavan, Buffalo 14215 Clifton Calder, 125 Westminster Ave, Buffalo 14215 Sara Daly, 23 W. Oakwood PI, Buffalo 14214 Zandalee Delgado, 112 Fairfield, Buffalo 14214 Anthony Favors, 46 Kenova St. Buffalo 14214 Scott Felt, 120 Farmer, Buffalo 14207 Ashlee Filippone, 166 Brinton, Buffalo 14216 Sharita Griner, 1300 Elmwood, Buffalo 14222 Nicholas Hesson, 225 Florida, Buffalo 14208 Isaiah Land, 239 E. Amherst, Buffalo 14214 Eric Maldonado, 334 Massachusetts, Buffalo 14213 Daisy Medina, 521 7 th St, Buffalo 14201 Justin Morrell, 34 City Line, Buffalo 14215 Eloy Pacheco, 123 Bird, Buffalo 14213 Joseph Robinson, 97 Eastwood, Buffalo 14208 Davon Sims, 252 Monroe, Buffalo 14206 Daniel Tadusz, 99 Homer, Buffalo 14216 Nayilia Vadlderrama, 35 Danforth, Buffalo 14213 Zuleyka Andujar, 7 Sally Mae Cunningham Buffalo 14201 Robert Bailey, 255 Lisbon, Buffalo 14215 Dnosha Brown, 56 Phyllis, Buffalo 14215 Patrice Bukeveneza, 186 Goren Buffalo 14207 Shaquille Burns, 24 Freeman St, Buffalo 14215 Leah Carson, 504 Dartmouth, Buffalo 14215 Carmayne Cooper, 66 Sumner, Buffalo 14211 Jose Diaz, 335 Sanders, Buffalo 14216 Stephanie Duffin, 18 Peoria St, Buffalo 14207 Rashad Fisher, 99 Barthel, Buffalo 14211 Taisean Foster, 31 Hirschbeck, Buffalo 14212 Richard Frazier, 167 Donaldson, Buffalo 14215 Miquiara Gibson, 17 Shumway, Buffalo 14206 Sidney Gonzalez, 176 West Ave, Buffalo 14201 Amber Grew, 28 Bissell Buffalo 14211 Justin Harold, 310 Newburgh, Buffalo 14215 Blane Hodge- Smith, 51 E. Depew Ave, Buffalo 14214 Cornell Jackson, 137 Oakgrove, Buffalo 14214 Tashana Johnson, 178 Kay, Buffalo 14215 Miranda Jones, 98 Wright Ave, Buffalo 14215 Terrell Jones, 163 Hinman Ave, Buffalo 14216 Alexandra King, 535 Woodlawn, Buffalo 14208 Monique Lewis, 171 Roosevelt, Buffalo 14215 Jenna Marciano, 458 Parkside, Buffalo 14216 Tonya Peavy, 490 Dartmouth, Buffalo 14215 Lyndell Picquet, 8 Trammell, Buffalo 14204 Siobhan Powers, 110 Anderson PI, Buffalo 14222 Rose Puza, 26 Riverview, Buffalo 14210 Shalanda Rivers, 31 Ada PI, Buffalo 14208 Shadeena Rodolph, 196 Shirley, Buffalo 14215 Charnique Sanders, 23 Sumner, Buffalo 14211 Sharmica Roberts, 520 Glenwood, Buffalo 14208 Jasmine Sims, 91 Mendola, Buffalo 14215 NO 68 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 2, 2008 in the Department of Community Service & Recreational Programming Division of Youth to the Position of Intern II Permanent Unclassified Hourly Starting Salary of $7.15 Jihan Hassan, 562 Fargo, Buffalo 14213 Mohamed A. Sharif, 70 Herkimer, Buffalo 14213 Mohammed Ibrahim, 497 Massachusetts Buffalo 14213 Said Hersi, 232 Auburn Ave, Buffalo 14213 Aweis Aweis, 240 Potomac Ave, Buffalo 14213 AbdulazizM. Sheidh, 231 Potomac, Buffalo 14213 Mariam Abdo, 321 Grant St, Buffalo 14213 NO 69 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 July 7, 2008 in the Department of Assessment and Taxation to the Position of Clerk- Seasonal appointment Flat Starting Salary of $11.11 Nakia R. Harris, 267 Berkshire Ave, Buffalo 14214 NO 70 APPOINTMENTS - TEMPORARY, PROVISIONAL OR PERMANENT I transmit herewith Appointments in the various departments made at the Minimum (Temporary, Provisional or Permanent) (as per contract requirements). REFERRED TO THE COMMITTEE ON CIVIL SERVICE. CERTIFICATE OF APPOINTMENT Appointment effective July 8, 2008 in the Department of Law to the Position of Legal Secretary Permanent appointment Minimum Starting Salary of $29,179 Denise M. Sandarelli, 86 Camden, Buffalo 14216 Sarah Miller, 40 Avondale Place, Buffalo 14210 CERTIFICATE OF APPOINTMENT Appointment effective July 8, 2008 in the Department of Law to the Position of Legal Secretary Permanent Open- Competitive Minimum Starting Salary of $29,179 Evelyn Soto, 105 Marigold Avenue, Buffalo 14215 CERTIFICATE OF APPOINTMENT Appointment effective July 8, 2008 in the Department of Law to the Position of Legal Secretary Permanent Temporary Minimum Starting Salary of $29,179 Andrea von der Empten, 83 Stevenson Stree, Buffalo 14220 CERTIFICATE OF APPOINTMENT Appointment effective June 30, 2008 in the Department of Community Services Division of Substance Abuse Services to the Position of Counselor III Provisional Open- Competitive Minimum Starting Salary of $30,555 Barbara J Jones, 195 Wyoming, Buffalo 14215 CERTIFICATE OF APPOINTMENT Appointment effective July 14, 2008 in the Department of Public Works Division of Engineering to the Position of Account Clerk Typist Provisional Appointment Minimum Starting Salary of $29,931 Kathryn Critharis, 45 Treehaven Rd, Buffalo 14215 NON - OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON - OFFICIAL COMMUNICATIONS NO. 71 C. AVINO- SAFETY AT NAVAL PARK Attn: Gerald Chwalinski: I am sending this letter as a last effort to preserve the safety in and around the Erie County and Buffalo Naval Park. This park which houses a National Monument, (USS Sulivan's) has become a area in which the elderly, children and the disabled now avoid due to the difficulty crossing the "Buffalo Naval Park Middle Crosswalk" on Marine Drive. With the opening of the Canal it has become a consistent problem of a lack of traffic speed control on Marine Drive. On Marine Drive this is where most of the residents are elderly, disabled and children. Many times these residents are placed in danger trying to enter the "Buffalo Naval Park Middle Crosswalk" on Marine Drive. By the time the people are in the middle of the street trying to cross the street, cars are speeding from the stop signs from both ends and are fight up on top of you as you are crossing to enter the Buffalo Naval Park Middle Crosswalk. There is with no regard for the safety of the people. A sign needs to be posted at the "Buffalo Naval Park Middle Crosswalk" to slow the vehicles downs so people can enter this middle crosswalk safely "IMMEDIATE ATTENTION to tab ISSUE OF URGENCY" of the "Potential Safety Hazard" At this Middle Crosswal!— This is a consistent problem in the middle crosswalk area on Marine Drive. Also, there is increased of dogs running around in the Buffalo Naval Park and people taking their dog leases off so the dogs can run around freely with "No Dogs allowed" signs posted near the USS Sulivan's and Little Rock ships. I have spoken with Colonial Cunningham of the Buffalo Naval Park and he is in agreement to wanting two signs posted near the ships. Please be so kind as to assist in helping to resolve this issue of urgency. Thank you. Your assistance is greatly appreciated. TO THE SPECIAL COMMITTEE ON WATERFRONT DEVELOPMENT NO. 72 MEMORANDUM BOARD PACKET DOCUMENTS Attached are the following documents from the Joint Schools Construction Board meeting scheduled on July 7, 2008: 1. Draft Agenda 2. Meeting Minutes from JSCB Meeting dated June 2, 2008 3. Fully Executed Phase HI Application and Certificate for Payment No. 14 -May 2008 4. Phase III Application and Certificate for Payment No. 15 - June 2008 5. Program Packaging and Development Services (PPDS) Provider Update 6. Bevlar & Associates Inc. Construction Contract Monitoring and Compliance Services Monthly Report for Addendum 1 Phase III Project - May 2008 7. Inclusion Development Associates, Inc. Construction Contract Compliance Monitoring Monthly Report for Phase III- May 2008 RECEIVED AND FILED NO. 73 J CAMPOLONG MONTHLY REPORT BUFFALO WATER BOARD AMERICAN WATER MEMORANDUM 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. REFERRED TO THE COMMITTEE ON FINANCE NO. 74 B. DAVIS- BUDGET FOR FISCAL YEAR 2008/2009 BUFFALO CIVIC RAMPS Dear Mr. Chwalinski: Please file the attach item for further discussion m the next Common Council session to be held Tuesday, July 22, 2008. Thank you in advance for your assistance with this matter. Dear Mr. Davis: I am forwarding the budget that the Board of Buffalo Civic Auto Ramps has approved at their March board meeting. This budget is for Fiscal Year 2008/2009, commencing on July 1 st This submission is in compliance with our management agreement which mandates Buffalo Civic Auto Ramps to submit the budget prior to April 1 st This budget anticipates a continuation of parking demand that is essentially at capacity on a daily basis. We anticipate a slight increase in our revenues due to an increase in rates on our "designated" reserve parkers. We also will be offering "nested" reserve parking at all locations. We currently offer this at our Fernbach and Augspurger locations. The goal of our board is to entice more designated reserve parkers to utilize the nesting option. We anticipate that this new policy will have the effect of freeing up over 100 parking spaces for additional parkers currently on the waiting list. To put this in perspective, the cost to build an additional parking space in a ramp is over $16,000 /space. This new policy not only will allow for more parkers, but it also saves $1,600,000 in capital costs. This budget also allocates $350,000 to increased security at all of our ramps. We have successfully implemented new cameras at the Augspurger location. This allocation will allow us to put cameras at all entrance and exit points of our other locations. We feel this fits very nicely with the security initiative that Mayor Brown is currently implementing throughout the City of Buffalo. We anticipate working in partnership with the Buffalo Police Department on the monitoring of these cameras. For Fiscal Year 2007/2008 we are projecting over $3 million in net income. For Fiscal Year 2008/2009, we anticipate the net income to be approximately $2,835,000. 1 will be contacting you in the near future to address any questions or concerns you may have. REFERRED TO THE COMMITTEE ON FINANCE. NO. 76 B. DAVIS- THURSDAY IN THE SQUARE Dear Mr. Chwalinski: Please file the attach item for further discussion at the next Common Council session to be held Tuesday, July 22, 2008. Thank you in advance for your assistance with this matter. RE: "Thursday in the Square" - Public Urination Dear Michael: It is with great consternation that I am writing to you today to bring this matter to your attention. Last night as I was walking down Main Street in front of the Liberty Building and Main Place Mall, I came across a group of people asking where they could relieve themselves. I was stunned to hear one of your employees, an African American male wearing a Buffalo Place shirt and standing with several other Buffalo Place employees, advise them to "go" in the alcoves of the Main Place Mall. The other Buffalo Place employees with him said nothing to discourage this action. I advised the young adults that they would be arrested if they urinated in public. When I turned to yet another group of Buffalo Place employees for assistance, one of them just shrugged his shoulders as if he had no control over the situation. This type of behavior and the lack of authority being demonstrated among Buffalo Place workers cannot be tolerated. I demand that the employee who advised that our buildings double as a toilet be immediately discharged. Additionally, I demand that all Buffalo Place employees be instructed that they cannot stand by silently when one Buffalo Place employee, in their presence, encourages someone to engage in filthy and illegal behavior. The other employee has an affirmative duty to disabuse both their coworker and the perpetrator of inappropriate and /or illegal behavior. I also herewith ask Buffalo Place give up its pretext of allowing its security to address the public urination along Main and Pearl Streets and instead remedy the situation by simply increasing the number of port -a- potties in these areas. Aside from the 75 lined up around the Library, effective immediately no fewer than 12 units should be added along Main Street in front of our buildings and at least 6 units along Pearl Street. Please advise me of your solution to this intolerable situation. Yours very truly, MAIN PLACE LIBERTY GROUP RECEIVED AND FILED NO. 76 S. DOLESKI- REHABILITATION /ADAPTIVE RE -USE OF 2 STORY BUILDING CONSTRUCTION OF NEW 2 STORY BUILDING 2666 -2671 MAIN STREET CITY OF BUFFALO - ERIE COUNTY In response to the letter received for Notice of Intent to Request Release of Funds for the Town of Tonawanda to purchase and demolish two parcels, we have the following comments: 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 ov. We have included the NOI form with a copy of this letter to the project owner. 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. Please be aware that if asbestos exists in the building to be demolished /renovated, the protection of workers is regulated by the New York State Department of Labor (716/847 -7126) and Occupational Safety and Health Administration (OSHA) 716/684 -3891. In addition, the disposal of friable (readily crumbled and brittle) asbestos is regulated by this Department under 6 NYCRR Part 360- 2.17(p). For more information on the disposal of friable asbestos, please contact Mr. Mark Hans (716/851 -7220) at this Department. The presence of elemental mercury and /or lead in buildings being renovated /demolished is also a concern of the Department. Mercury is found in many different common items such as fluorescent lights and electrical switches, while lead is mainly found in older paints (pre- 1980). For guidance on the proper handling and disposal of mercury and /or lead, please contact Mr. Thomas Corbett of this Department (716/851 -7220) or email the Department's Mercury Task Force (dshmwrr @gw. dec. state. ny.us). Also for your use, we are enclosing a Restore (Habitat for Humanity) brochure which gives information regarding renovations of homes for low income families. This not - for - profit organization can be contacted at 716/213 -2001 for information regarding donations of building materials, as well as furnishings. It would be helpful to notify that organization in advance of demolition for the possibility of inspection and determining what may be salvageable for reuse. In many.cases, Restore will also pick up and remove acceptable donation items. Such donations should be eligible for tax credit purposes. Thank you for providing this office the opportunity to review the proposed project. If you have any questions, please feel free to contact Ms. Lynne Judd or me at 716/851 -7165. Sincerely, REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 77 EC 2008 ANNUAL REPORT REAL PROPERTY TAX SERVICES Attached available for review in The City Clerk's Office REFERRED TO THE COMMITTEE ON FINANCE NO. 78 R. FONTANA -CITY OWNED HOUSES FOR HABITAT Habitat was interested in the house that Mickey Kearns ask us to look at, at 283 Choate. It had a sma;ll fire, but we were still interested. We were told we would have to pay market price because it was not in a homestead area. With the amount of money we invest in the rehab, we simply cannot afford to pay market price for a house. Subsequently, 283 Choate was demolished, probably at a cost of at least $15,000. That does not make sense. Habitat is interested in two other city owned properties, not in a homestead area: 424 Dartmouth 705 Northampton In the spirit of rebuilding the City, here are two more we can help with before they badly deteriorate. We de have a City list of houses that are not in a homestead area and have potential interest in some of them, but we need to get this barrier removed somehow. If you would like to meet about this let us know. I have copied David Floyd who is our Site Procurement Manager. We certainly appreciate the strong support we receive from the Council because of your leadership and interest in Habitat Buffalo. Thanks! Regards, REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 79 D. FRANCZYK- BUFFALO NEWS ARTICLE —LOUD MUSIC TRIPS UP REPEAT DWI OFFENDER Article available for review in The City Clerk's Office REFERRED TO THE COMMITTEE ON LEGISLATION NO. 80 M. KEARNS NATIONWIDE INCREASE IN THE USE OF MASS TRANSIT AND PUBLIC TRANSPORTATION Dear Mr. Chwalinski: Please file the attached item for further consideration at the next Common Council session to be held July 22, 2008. Your assistance is greatly appreciated. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 81 M. KEARNS- FORMATION OF TRANSPORTATION COMMITTEE Dear Council Members: I have spoken to Council President Franczyk about forming a Transportation Committee, and we will indeed be filing an item for tomorrow's deadline. The committee will be established with me acting as Chairperson. If you are interested in being involved, please contact Council President Francyzk's office no later than 12:00pm tomorrow, 7/17. You may also contact my office with further questions. Thank you, South District RECEIVED AND FILED NO. 82 M. LOCURTO CITY OF BUFFALO'S 2009 RESTORE NEW YORK APPLICATION Dear Mr. Chwalinski: Please file the attached item for further discussion at the next Common Council 24session to be held July 22, 2008. Also, please refer the item to the Community Development Committee. ( hrg 5:30 pm, Tuesday 7/29/08 in the Council Chambers) Thank you in advance for your assistance in this matter. I write to you today in hopes of learning more about the City of Buffalo's 2009 Restore New York application. I understand that this year, the third year of Restore funding, is the last and biggest round of the program. As you may know, PUSH Buffalo is a member - driven organization that organizes residents to take action on issues affecting the West Side. We work in conjunction with neighborhood groups and advocacy organizations throughout the entire City. As such, we have a vested interest in the City's application for Restore New York funds. Please feel free to contact me at the PUSH offices (882 -5327) or by email (eric(c I welcome the opportunity to speak with you in more detail "about this issue. Sincerely, Eric Walker Organizer, PUSH Buffalo REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 83 D. LOKEY -ADAMS LEGAL AID MONTHLY ACTIVITY REPORT Dear Chairperson Davis, Enclosed please find a copy of our Monthly Report and Monthly Activity Report for June 2008. Please feel free to call me at 853 -9555 Ext. 453, or our Housing Attorney, Sherree Meadows, at 853 -9555 Ext. 555, if you have any questions. RECEIVED AND FILED NO. 84 WATER RATEPAYER BILL OF RIGHTS IN AN EFFORT TO KEEP YOUR HONORABLE BODY UP TO DATE ON EFFORTS OF THE BUFFALO WATER BOARD, AND OUR MANAGER AMERICAN WATER, REGARDING THE RECOMMENDED "WATER RATEPAYER BILL OF RIGHTS' THE FOLLOWING WORK -IN- PROGRESS REPORT IS ATTACHED. REFERRED TO THE COMMITTEE ON FINANCE PETITIONS NO. 85 PMT LINWOOD LTD(LYNN MURPHY), OWNER USE 288 LINWOOD FOR A GROUND SIGN ( NO PUB HRG )(DEL) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD REGULAR COMMITTEES CIVIL SERVICE (BONNIE E. RUSSELL, CHAIRPERSON) NO. 86 APPT PRINCIPAL ENGINEER (PERM)(MAX)(HOMUNG)(PW) CCP# 22, 7/8 That Communication 22 of July 8, 2008 be received and Filed and that the Permanent appointment of David A. Hornung, 181 LaSalle Avenue, Buffalo, NY 14214 above at the Maximum Salary of $67,105 is hereby approved. PASSED AYES -9 NOES -0 NO. 87 APPT BOILER INSPECTOR (PROV)(MAX)(HANNERS)(EDPI) (CCP# 33,7/8) That Communication 33 of July 8, 2008 be received and Filed and that eh Provisional appointment of James Harmers, 77 Bogardus Street, Buffalo NY 14206 above at the Maximum Salary of $42,289 is hereby approved. PASSED AYES -9 NOES -0 NO. 88 APPT SPECIAL ASST TO COMMISSIONER OF HR (PROV)(HEIDINGER)(HR) (CCP# 37, 7/8) That the above item be the same and hereby is Received and Filed ADOPTED NO. 89 CHIEF ECONOMIC DEV OFFICER - ESTABLISHED RESIDENCE IN COB (CCP# 38, 7/8) That the above item be the same and hereby is Received and Filed ADOPTED NO. 90 NOTICES OF APPOINTMENTS - TEMP /PROV /PERM(CTY CLK) (CCP# 47, 7/8) That the above item be the same and hereby is Received and Filed ADOPTED NO. 91 B. DAVIS- CONCERNS CIVIL SERVICE EXAM FOR POLICE LIEUT (CCP# 53, 4/29) That the above item be the same and hereby is Received and Filed ADOPTED NO. 92 RESPONSE APPT CHIEF ECONOMIC DEV OFFICER (EXEMPT)(REILLY)(HR) (CCP# 27, 3/18) That the above item be the same and hereby is Received and Filed ADOPTED FINANCE (MICHAEL P. KEARNS, CHAIRMAN) NO 93 CLARIFICATION OF INFO BURA IN RESPONSE TO COMMON COUNCIL'S REQUEST FOR TRAVEL (ITEM NO. 124, C.C.P., JULY 8, 2008) That the Common Council requests that the BURA on behalf of and with the assistance of BERC, shall furnish a full and transparent accounting of all travel expenses reported to date by supplying copies of conference and meeting literature, airline tickets, and detailed lodging and miscellaneous expense receipts associated with the amounts reported thus far; and That the BURA on behalf of and with the assistance of BERC, shall furnish copies of the travel policies that governed the expenditure and reimbursement of travel expenses for the period July 1, 2008 to date; and That the information requested herein be furnished to the City Clerk for presentation to the Common Council at its next meeting. ADOPT 3 RD RESOLVE REMAINDER RECOMMIT COMMUNITY DEVELOPMENT (MICHAEL J. LOCURTO, CHAIRMAN) NO 94 NYS URBAN DEV CORP -SEQR - OLMSTEAD COMPLEX MASTER PLAN (CCP# 55, 7/8) That the above item be the same and hereby is Received and Filed ADOPTED NO 95 OLMSTEAD PARKS - RETURN BOATING TO HOYT LAKE (CCP# 56, 7/8) That the above item be the same and hereby is Received and Filed ADOPTED NO 96 CITY OF BUFFALO'S POLICY REGARDING COMPOSTING OF YARD WASTE CLARIFICATION (ITEM NO 127, C.C.P., JULY 8, 2008) That the Commissioner of the Department of Public Works, Parks and Streets review his department's handling of yard waste removal and the policies that are currently in place for yard waste removal and disposal; and That the Commissioner of the Department of Public Works, Parks and Streets report back to this Common Council with a written policy that will be used by his department for yard waste collection and removal within the City of Buffalo, to clarify for the residents of Buffalo the proper procedure for disposing of yard waste; and That the City Clerk is directed to send a copy of this resolution, once adopted to Stephen J. Stepniak, Commissioner of the Department of Public Works, Parks and Streets for a response. ADOPTED NO 97 REQUEST NEW YORK STATE TO ISSUE A MORATORIUM ON NEW /ADDITIONAL LOTTERY OUTLETS IN THE CITY OF BUFFALO AND REVAMP THE PRIZE PAYOUT (ITEM NO. 130, C.C.P., JULY 8, 2008) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. LoCurto moved: That the Common Council of the City of Buffalo requests New York State to issue a moratorium on additional or new lottery outlets in the City of Buffalo as well as an investigation, overhaul and equalization of the prize payout rates; and That a copy of this resolution is sent to all members in the Western New York State Delegation. ADOPTED NO 98 INFO JUDGE RULES AGAINST SENECA NATION ON BFLO CASINO (CCP# 131, 7/8) That the above item be the same and hereby is Received and Filed ADOPTED NO 99 RESULTS OF NEGOTIATIONS - 366 WEST FERRY (ITEM NO. 13, C.C.P., JUNE 24, 2008) (ITEM NO. 89, C.C.P., JULY 8, 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 Hampshire Enterprises LLC, Mrs. Carol Todaro, 371 West Ferry Street, in the sum of three thousand and seven hundred dollars ($3,700.00) for the purchase of 366 West Ferry, 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 — Davis, Fontana, Franczyk, Kearns, LoCurto, Russell, Smith 7 NOES — Golombek, Rivera 2 NO 100 C. GRIFFASI IMPLEMENT THE 2 CULTURAL WALK OF FAME (ITEM NO. 39, C.C.P., JUNE 10, 2008) (ITEM NO. 93, C.C.P., JULY 8, 2008) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. LoCurto moved: That the Cultural Concert International be granted permission to engrave in granite plaques 12" x 12" x 1" thick, recessed in the sidewalk flush, located along Elmwood Avenue from the Albright Knox Art Gallery to Summer Street, the names that are listed in the above communication. ADOPTED NO 101 M. SAWICZ - PURCHASE 366 WEST FERRY (ITEM NO. 61, C.C.P., JUNE 26, 2008) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. LoCurto moved: That the above - mentioned item be and the same is hereby received and filed. ADOPTED. NO 102 THIRD QUARTERLY REPORT -DIV OF SUBSTANCE ABUSE (COMM SERV) (CCP# 27, 6/10) That the above item be the same and hereby is Received and Filed ADOPTED NO 103 J. GOLOMBEK -J. CASON- CONCERNS APPLICATION TO ACQUIRE 29.32 ACRE PARCEL IN MONTICELL, NY (CCP# 43, 2/5) That the above item be the same and hereby is Received and Filed ADOPTED LEGISLATION (JOSEPH GOLOMBEK JR., CHAIRMAN) NO 104 M. GOLDMAN, PETITION TO USE 245 ALLEN STREET TO EXPAND AN EXISTING RESTAURANT (ITEM NO. 64, C.C.P., JULY 8, 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 July 15, 2008, the petition of M. Goldman, owner, for permission to use 245 Allen Street to expand an existing restaurant be, and hereby is approved. PASSED AYES -9 NOES -0 NO 105 BROWN, PETITION TO USE 120 COTTAGE - GROUND SIGN (ITEM NO. 65, C.C.P., JULY 8, 2008) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Golombek moved: That the petition of Walter P. Hall, Jr., owner, for permission to use 120 Cottage for a 5' overall height, sign area 3' x 4', for 3 properties at 118, 120 and 126 Cottage be, and hereby is approved. PASSED AYES - 9 NOES — 0 NO 106 APPOINTMENT COMMISSIONER OF ECONOMIC DEVELOPMENT, PERMIT & INSPECTION SERVICES (ITEM NO. 2, C.C.P., JULY 8, 2008) That the appointment of Brian Reilly, as Commissioner of Economic Development, Permit & Inspection Services be, and hereby is confirmed. PASSED AYES -9 NOES -0 NO 107 DESIGNATE 275 WASHINGTON ST AS JAMES D. GRIFFIN PLAZA(EI1)(PW) (CCP# 21, 7/8) That the above item be the same and hereby is Received and Filed ADOPTED NO 108 FOOD STORE LICENSE - 2534 BAILEY (ITEM NO. 26, C.C.P., JULY 8, 2008) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Golombek moved that the above item be recommitted to the Committee on Legislation ADOPTED NO 109 FOOD STORE LICENSE (RESUBMITTED) - 137 MAPLE (ITEM NO. 28, C.C.P., JULY 8, 2008) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Golombek moved: That pursuant to Chapter 194 of the City Code, the Commissioner of Permit and Inspections Services be, and he hereby is authorized to grant a Food Store License to Deen Alharbi located at 137 Maple. With the following conditions: - License shall be granted for 6 months and subjected to renewal by CC -Zero banners displayed on exterior of building -No pay phone on exterior or in hallway of store -Store must remain free of litter on exterior of business property and adjacent vacant lots -No weeds around store and adjacent to fence -No trespassing and no loitering signs must be posted around exterior of business - Cameras & appropriate signage identifying cameras must be placed on exterior of building -No cigar blunts, glass or plastic tubes shall be sold - Violation of any of the stated condition may result in revocation of license after consideration of facts by Common Council PASSED AYES -9 NOES -0 NO 110 USED CAR DEALER LICENSE - 2667 BAILEY (ITEM NO. 31, C.C.P., JULY 8, 2008) That pursuant to Chapter 254 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services Permit be, and he hereby is authorized to grant a Used Car Dealer license to Vincent Vines d /b /a Stream Line Automotive, located at 2667 Bailey Avenue with the following conditions: Five Car Limit PASSED AYES -9 NOES -0 NO 111 USED CAR DEALER- 1402 SOUTH PARK AVENUE (ITEM NO. 32, C.C.P., JULY 8, 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 254 of the City Code, the Commissioner of Permit & Inspection Services be, and he hereby is authorized to grant a Used Car Dealer License to Louis Benes d /b /a Partners Auto located at 1402 South Park Avenue. PASSED AYES -9 NOES -0 NO 112 D. BOARDMAN -USPS- DESIGNATE 275 WASHINGTON ST AS JAMES D. GRIFFIN PLAZA (CCP# 48, 7/8) That the above item be the same and hereby is Received and Filed ADOPTED NO 113 STILLWATER HOLDINGS, LLC PATIO APPLICATION FOR A RESTRICTED USE PERMIT (ITEM NO. 58, C.C.P., JULY 8, 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 114 SEQRA 481 -487 DELAWARE AVENUE (STILLWATER HOLDINGS, LLC) (ITEM NO. 59, C.C.P., JULY 8, 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 re, committed to the Committee on Legislation ADOPTED NO 115 PROPOSED IMPROVEMENTS TO 481 -487 DELAWARE AVENUE (STILLWATER HOLDINGS, LLC) (ITEM NO. 60, C.C.P., JULY 8, 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 REQ RESPONSE -TIME WARNER -FEES ASSESSED TO COUNCILMEMBERS (PW) (CCP# 28, 4/29) (CCP# 81, 7/8) That the above item be the same and hereby is Received and Filed ADOPTED NO. 117 FOOD STORE LICENSE - 749 JEFFERSON (ITEM NO. 28, C.C.P., JUNE 24, 2008) (ITEM NO. 97, C.C.P., JULY 8, 2008) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Golombek moved that the above item be recommitted to the Committee on Legislation ADOPTED NO. 118 FOOD STORE LICENSE - 731 WALDEN (ITEM NO. 30, C.C.P., JUNE 24, 2008) (ITEM NO. 99, C.C.P., JULY 8, 2008) That pursuant to Chapter 194 of the City Code, the Commissioner of Permit and Inspections Services be, and he hereby is authorized to grant a Food Store License to Johnny Young located at 731 Walden (I Got It Produce). PASSED AYES -9 NOES -0 NO. 119 SEQR - STILLWATER GRILLE - 483 DELAWARE (ITEM NO. 47, C.C.P., JUNE 24, 2008) (ITEM NO. 100, C.C.P., JULY 8, 2008) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Golombek moved that the above item be recommitted to the Committee on Legislation ADOPTED NO. 120 • PROPOSED IMPROVEMENTS - 481 -487 DELAWARE (ITEM NO. 48, C.C.P., JUNE 24, 2008) (ITEM NO. 101, C.C.P., JULY 8, 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. 121 B. MELBER, PETITION TO USE 483 DELAWARE - USE RESTAURANT /NIGHTCLUB TO ADD A NEW RESTAURANT (ITEM NO. 53, C.C.P., JUNE 10, 2008) (ITEM NO. 104, C.C.P., JULY 8, 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. 122 FOOD STORE LICENSE - 882 NORTHLAND (ITEM NO. 36, C.C.P., MAY 13, 2008) (ITEM NO. 108, C.C.P., JULY 8, 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 Thai Banh, located at 882 Northland (O D's Food Mart). Food Store License at 882 Northland - CCP # 122, Jul. 22, 2008 No display of alcohol or tobacco advertising on building, windows, or on the front or side areas of property Must monitor and enforce NO Loitering around the store property Must place outside trash receptacles on property and must keep receptacles clean and free of trash daily. PASSED/ WITH CONDITIONS AYES -9 NOES -0 NO. 123 T. TEDESCHI, AGENT, USE 224 GIBSON ST FOR A SOUP KITCHEN(FILL)(NO PUB HRG)( #72, 3/4) (CCP# 114,7/8) That the above item be the same and hereby is Received and Filed ADOPTED NO. 124 FOOD STORE LICENSE - 2183 GENESEE (ITEM NO. 37, C.C.P., MAY 27, 2008) (ITEM NO. 116, C.C.P., JULY 8, 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 Waseem Nairab, located at 2183 Genesee (Snap Express). PASSED AYES -9 NOES -0 NO. 125 DESIGNATE 275 WASHINGTON STREET AS 1 JAMES D. GRIFFIN PLAZA (ITEM NO. 130, C.C.P., JUNE 24, 2008) That after a public hearing held on July 15, 2008, the Common Council designates "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 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. PASSED AYES -9 NOES -0 NO. 126 NAME OUTDOOR PARTY PLAZA AT DOWNTOWN BASEBALL STADIUM - JIMMY GRIFFIN PLAZA (ITEM NO. 131, C.C.P., JUNE 24, 2008) That after a public hearing held on July 15, 2008, the Common Council supports and approves the change of the name of the plaza on Swan Street, near Washington Street as "Jimmy Griffin Plaza" in honor of former Mayor James D. Griffin. PASSED AYES -9 NOES -0 NO. 127 B. YUHNKE -FUEL CRISIS HITS THE TAXICAB INDUSTRY HARD (CCP# 65, 6/24) That the above item be the same and hereby is Received and Filed ADOPTED NO. 128 TRAILBLAZING SIGNS /STREETS DESIGNATION (ITEM NO. 140, C.C.P., JUNE 24, 2008) That the Trailblazing Sign /Street Designation Policy as more fully described in the above communication be, and hereby is approved. PASSED AYES -9 NOES -0 NO. 129 D. SMITH - QUESTIONS REGARDING PROCEEDINGS /OFFICER HOME (ITEM NO. 47, 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 - mentioned item be and the same is hereby received and filed. ADOPTED NO. 130 M. HUNTER, OWNER TO USE 2608 MAIN STREET - REOPEN A NIGHT CLUB (ITEM NO. 71, C.C.P., MAY 13, 2008) That the petition of M. Hunter, owner, is denied permission to use 2608 Main Street to reopen a Night Club. DENY NO. 131 R. PEKARSKI - VERIZON WIRELESS -2 PANEL ANTENNAS -106 COLLINGTON(UNIV) (CCP# 64, 5/13) That the above item be the same and hereby is Received and Filed ADOPTED NO. 132 RESPONSE -NEED FOR GREATER POLICE PRESENCE(POLICE) (CCP# 3!, 5/13) That the above item be the same and hereby is Received and Filed ADOPTED NO. 133 REQ. E. FERRY STREET TRAILBLAZER SIGNS "MACK LUCHEY WAY" (ITEM NO. 126, C.C.P., APR. 29, 2008) That the Commissioner of Public Works, Parks & Streets be, and he hereby is authorized to install trailblazing signs beneath the existing street signs on E. Ferry Street proclaiming that portion from the comer of Jefferson Avenue to the comer of Roehrer, "Mack Luchey Way." PASSED AYES -9 NOES -0 NO. 134 J. DEJAC -REQ REVIEW OF NYC PEDICAB LAW FOR COB (CCP# 51, 4/15) That the above item be the same and hereby is Received and Filed ADOPTED NO. 135 S. RADFORD - REQ. DISCUSSION - REPORTS OF POLICE COMPLAINTS AND INVESTIGATIONS (ITEM NO. 64, 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 - mentioned item be and the same is hereby received and filed. ADOPTED NO. 136 M. LOCURTO -LNFO SECOND HAND DEALER LICENSE (CCP# 48, 2/5) That the above item be the same and hereby is Received and Filed ADOPTED NO. 137 FOOD STORE LICENSE - 1266 GENESEE (ITEM NO. 34, C.C.P., MAR. 20, 2007) That pursuant to Chapter 194 of the City Code, the Commissioner of Permit and Inspections Services be, and he hereby is authorized to grant a Food Store License to Nasir Baqash located at 1266 Genesee (Universal Market), with the following conditions: No display of alcohol or tobacco advertising on building, windows, or on the front or side areas of property Must monitor and enforce NO Loitering around the store property Must place outside trash receptacles on property and must keep receptacles clean and free of trash daily. At no time shall the business operations at 1264 -1266 Genesee Street apply for or obtain a New York State LIQUOR STORE License; for the sale of liquor and wine for consumption off the premises. PASSED AYES -9 NOES -0 SPECIAL COMMITTEES WATERFRONT DEVELOPMENT P. KEARNS CHAIRMAN NO. 138 D. SMITH -M. GALLIVAN- HOUSING MANAGER MARINE DR APTS (CCP# 64, 5/27) That the above item be the same and hereby is Received and Filed ADOPTED NO. 139 NYSDEC -COB DRAFT LOCAL W /FRONT REVITALIZATION PLAN( #63, 4/29 (CCP# 94, 5/13) That the above item be the same and hereby is Received and Filed ADOPTED NO. 140 C. AVINO -SPEED LIMIT AROUND BFLO NAVAL PARK - MARINE DR (CCP# 71, 4/29) That the above item be the same and hereby is Received and Filed ADOPTED NO 141 NYSDEC- CLEANUP ACTIVITIES COMPLETE - STEELFIELDS SITE (CCP# 45, 6/10) That the above item be the same and hereby is Received and Filed ADOPTED NO 142 M. KEARNS -BFLO NEWS ARTICLE NFTA TO LEASE 100 ACRES TO HARBOR DEV CORP (CCP# 56, 4/15) That the above item be the same and hereby is Received and Filed ADOPTED NO 143 SPEEDING ISSUES AND IRRESPONSIBLE DRIVERS - MARINE DR & ERIE ST (POL) (CCP #21, 4/1) (CCP# 93, 4/15) That the above item be the same and hereby is Received and Filed ADOPTED NO 144 TAYLOR -DOT SOUTHTOWNS /BFLO OUTER HARBOR SOUTHTOWNS CONN PHASE I (CCP# 39, 11/13) That the above item be the same and hereby is Received and Filed ADOPTED NO 145 M. KEARNS -M. CERRONE- RESOLUTION NYSDOT RECONTS PLAN ROUTE 6 (CCP# 51, 10/16) That the above item be the same and hereby is Received and Filed ADOPTED EDUCATION (DEMONE A. SMITH, CHAIRMAN) NO 146 COMPULSORY SCHOOL ATTENDANCE (CCP# 128, 7/8) That the above item be the same and hereby is Received and Filed ADOPTED NO 147 W. KERESZTES -C. BOTTICELLO- LETTER TO PARENTS RE: ADDRESSING CONCERNS DISCOVERY SCHOOL (CCP# 58, 4/15) That the above item be the same and hereby is Received and Filed ADOPTED NO 148 D. SMITH -T. HILL - ARTICLE - MUNICIPAL LEADERSHIP IN SUPPORTING HIGH SCHOOL ALTERNATIVES (CCP# 50, 11/27) That the above item be the same and hereby is Received and Filed ADOPTED NO 149 SCHOOL TRUANCY (CCP# 120,10/16) That the above item be the same and hereby is Received and Filed ADOPTED NO 150 MOVING BFLO SCHOOL BOARD ELECTIONS TO NOVEMBER (BD ED) (CCP# 47,6/12) That the above item be the same and hereby is Received and Filed ADOPTED NO 151 3 YR STUDENT SUPPORT PLAN - 2005 -2008 (BD ED) (CCP# 39,4/3) That the above item be the same and hereby is Received and Filed ADOPTED NO 152 PROVIDING BETTER OPPORTUNITIES FOR ALL CHILDREN (EXC 1 ST RES) (CCP# 140,4/3) That the above item be the same and hereby is Received and Filed ADOPTED NO 153 M. KEARNS- RECENT INCIDENTS BFLO PUBLIC SCHOOL #67 (CCP# 39, 3/18) That the above item be the same and hereby is Received and Filed ADOPTED RESOLUTIONS NO 154 BY: BRIAN C. DAVIS & DEMONE A. SMITH HRM REQ NYS LEG TO APPROVE BILL AMENDING THE PUBLIC AUTHORITIES LAW HOME RULE MESSAGE REQUESTING THE NEW YORK STATE LEGISLATURE TO APPROVE SENATE BILL S8484 AND ASSEMBLY BILL All 607 AMENDING THE PUBLIC AUTHORITIES LAW, IN RELATION TO THE BUFFALO FISCAL STABILITY AUTHORITY ( "BFSA ") FINANCIAL CRISIS DETERMINATIONS WHEREAS: Bill S8484 has been introduced in the New York State Senate and bill All 607 has been introduced in the New York State Assembly; and WHEREAS: The purpose of these bills are to amend the Public Authorities Law, in relation to the Buffalo Fiscal Stability Authority ( "BFSA ") financial crisis determinations, in order to clarify that a wage freeze is not BFSA assistance for purposes of determining the end of a control period and the beginning of an advisory period, and to ensure that the City's three consecutive fiscal years with surpluses greater that the amount of assistance provided by the BFSA are acknowledged; and WHEREAS: Specifically, Section 1 of these bills amends Subdivision one of Section 3851 of the Public Authorities Law to clarify that the definition of BFSA assistance for determination of the transition to an advisory period is governed by Subdivision three of Section 3851, and amends Subdivision three of Section 3851 of the Public Authorities Law and stipulates that anything not specified in the definition of BFSA assistance shall not be construed as BFSA assistance; and WHEREAS: Despite the fiscal crisis for the City of Buffalo having been abated, as demonstrated by the four consecutive end of year City surpluses, two successive increases in the City's credit rating, and the recent lifting of the BFSA imposed wage freeze, numerous lawsuits remain pending and conflicting legal opinions abound in regard to the lifting of the control period and the transition to an advisory period; and WHEREAS: Statutory clarification is required to avoid continued lawsuits and disagreements over the terms of the BFSA Act (Chapter 122 of the Laws of 2003), the legislation that established the BFSA and imposed a control period on the City; and WHEREAS: The BFSA Act calls for three consecutive budgets that were balanced without authority assistance (through debt service savings and deficit financing) and for the City to have sold securities and demonstrated market access before the control period ends and an advisory period begins; and WHEREAS: The BFSA presently considers the imposition of a wage freeze to be authority assistance to the City, without which the City budget would not have been balanced for the past two years; and WHEREAS: Additionally, while the City has demonstrated the ability to access the bond market, the BFSA board has determined to date that it is less expensive for the BFSA to borrow on behalf of the City and thus the BFSA has continued to shoulder this responsibility; and WHEREAS: The BFSA was modeled after successful control boards that were created for places such as New York City, Troy and Nassau County, in which case it was the intent of the Legislature for those control boards strictly to work with local government for a period of time until they could achieve fiscal stability on their own, a mission which these aforementioned control boards followed; and WHEREAS: If the New York State Legislature is to consider these bills, a Home Rule Message must be adopted by the City of Buffalo and the appropriate Home Rule Request forms completed by the City of Buffalo and forwarded to the appropriate New York State Legislature Home Rule Counsels; and NOW THERFORE BE IT RESOLVED: That the City of Buffalo Common Council hereby requests the New York State Legislature to approve Senate bill S8484 and Assembly bill A11607 so as to amend the Public Authorities Law, in relation to the BFSA financial crisis determinations; and BE IT FINALLY RESOLVED: That the City Clerk is hereby directed to forward ten (10) copies of this resolution and ten (10) completed copies of the Home Rule Request to the New York State Legislature as follows: Four (4) copies of this Resolution and four (4) completed copies of the Home Rule Request, to the Senate Home Rule Counsel, at Senate Post Office, 208 Legislative Office Building, Albany, NY 12247; four (4) copies of this Resolution and four (4) completed copies of the Home Rule Request to the New York Assembly Home Rule Counsel, at Assembly Post Office, 210 Legislative Office Building, Albany, NY 12248; one (1) copy of this Resolution and one (1) completed copy of the Home Rule Request to Senator Antoine M. Thompson, at 615 Legislative Office Building, Albany, NY 12247; and one (1) copy of this Resolution and one (1) completed copy of the Home Rule Request to Assemblymember Crystal D. Peoples, 619 Legislative Office Building, Albany, NY 12248. ADOPTED NO 166 BY: BRIAN C. DAVIS PERMISSION TO HANG FLAGS ALONG NIAGARA STREET Whereas: The Puerto Rican Day Parade of Western New York Association, Inc. would like to promote the 6 th Annual Puerto Rican Day parade; and Whereas: The Committee of the Puerto Rican Day Parade of Western New York Association, Inc. is requesting permission to display flags along Niagara Street between South Elmwood Avenue, Porter Avenue to Forth Street; and Whereas: The Puerto Rican Day Parade committee is requesting that said flags be hung from August 18, 2008 through September 22,2008; and Whereas: The Committee has requested to use the following street light poles; 112, 122, 134, 138, 141, 151, 181, 144, 165, 176, 202, 225, 251, 265, 246, 220, 239, 303, 315, 337, 381, 310, 336, 322, 282, 296, 344, 411, 451, 436, 473, 503, 460, 470 ,516,524,531,577,612,141,165, 239, 315, 425, 490, 549, 630, 643, 691, 215,199 ,175,192,143,95,51,138,48,170. Now Therefore Be It Resolved That: The Common Council of the City of Buffalo grants permission to the Puerto Rican Day parade of Western New York Association, Inc. to hang said flags to commemorate the 6h Annual Puerto Rican Day Parade in Western New York; and Be It Further Resolved: That the Puerto Rican Day Parade of Western New York Association, Inc. will purchase the necessary bond before the flags are hung and said flags meets all the requirements of pertinent City Department's and that no existing laws are violated. ADOPTED NO 166 BY: MESSRS. FONTANA AND KEARNS LL INTRO #6 AMEND CHARTER IN RELATION TO AREAS OF SPECIAL FLOOD HAZARD WITHIN THE COB A Local Law amending the Charter of the City of Buffalo in relation to areas of special flood hazard within the jurisdiction of the City of Buffalo, Erie County. BE IT ENACTED BY THE COMMON COUNCIL OF THE CITY OF BUFFALO AS FOLLOWS: Section 1 : That Article 31 of the Charter of the City of Buffalo, adopted pursuant to law, is hereby amended as follows: § 31 -3. General Provisions. 3. 1 Lands to which this Local Law Applies This local law shall apply to all areas of special flood hazard within the jurisdiction of the City of Buffalo, Erie County. 3.2 Basis for Establishing the Areas of Special Flood Hazard The areas of special flood hazard for the City of Buffalo, Community Number 360230, are identified and defined on the following documents prepared by the Federal Emergency Management Agency: (1) Flood Insurance Rate Map (multiple panels) [Index No. 360230] 0001 -0020, whose effective date is August 23, 1999[.], (2) A scientific and engineering report entitled "Flood Insurance Study, City of Buffalo, New York, Erie County[,]" dated August 23, 1999[. The above documents are hereby adopted and declared to be a part of this Local Law. The Flood Insurance Study and /or maps are on file at: The Department of Public Works, Parks and Streets, Division of Engineering, 65 Niagara Square, Room 605, Buffalo, New York.] containing information pertaining to the panels identified above, (3) Flood Insurance Rate Map Panels for Erie County, Numbers: 36029CO326G, 36029CO327G 36029CO331 G, 36029CO333G, whose effective date is September 26, 2008, and any subsequent revisions to these map panels that do not affect areas under our community's jurisdiction, and (4) A scientific and engineering report entitled "Flood Insurance Study, Erie County, New York, All Jurisdictions" dated September 26, 2008. The above documents are hereby adopted and declared to be a part of this Local Law. The Flood Insurance Study and /or maps are on file at: The Department of Public Works, Parks and Streets, Division of Engineering, 65 Niagara Square, Room 605, Buffalo, New York. 3.3 Interpretation and Conflict with Other Laws This Local Law includes all revisions to the National Flood Insurance Program through [November 1, 1989] October 27, 1997 and shall supersede all previous laws adopted for the purpose of flood damage prevention. In their interpretation and application, the provisions of this local law shall be held to be minimum requirements, adopted for the promotion of the public health, safety, and welfare. Whenever the requirements of this local law are at variance with the requirements of any other lawfully adopted rules, regulations, or ordinances, the most restrictive, or that imposing the higher standards, shall govern. 3.4 The invalidity of any section or provision of this local law shall not invalidate any other section or provision thereof. Section 2: Insofar as the provisions of this local law are inconsistent with the provisions of any other local law or act, the provisions of this local law shall be controlling. Section 3: This local law shall take effect immediately. LAID ON THE TABLE 10 W I I.-YA BY: MR. FONTANA RE: SALE OF 1177 E. LOVEJOY STREET WHEREAS: The parcel located at and commonly known as 1177 East Lovejoy Street is a city -owned parking lot located in the Lovejoy business district; and WHEREAS: Ellicott Development Company desires to purchase the property from the City of Buffalo in order to develop a commercial retail establishment; and WHEREAS: Such a transfer would restore the parcel to the City of Buffalo Tax rolls and provide for further commercial development in the Lovejoy Business District. NOW, THEREFORE, BE IT RESOLVED: That this Common Council hereby authorizes the sale and transfer of 1177 East Lovejoy Street, City of Buffalo, County of Erie, State of New York and bearing S.B.L. No.: 112.50 -5 -4 to Ellicott Development Company for Twenty -Eight Thousand Dollars ($28,000.00); NOW, THEREFORE, BE IT FURTHER RESOLVED: That this Common Council hereby authorizes the Mayor to execute the necessary documents, to be prepared by the Division of Real Estate, to consummate the sale. PASSED AYES - 9 NOES — 0 NO 158 BY: MR. FRANCZYK RE: APPOINTMENTS TO THE COMMUNITY GARDEN TASK FORCE Whereas: There currently exists at least one opening on the Community Garden Task Force; and Whereas: The appointment of the following people to the Community Garden Task Force would be beneficial to the City of Buffalo, because of their knowledge of community gardening, urban planning and ability to create an informed study of community gardens Dr. Samina Raja from the University at Buffalo School of Urban Planning Ada Hopson - Clemons from the Buffalo Board of Block Clubs John Fell from the City of Buffalo Office of Strategic Planning Justin Booth from the Buffalo Wellness Center Zoe Lavatelli from Grassroots Gardens of Buffalo Kirk Laubenstein from Council Member David A. Rivera's Office Anthony Armstrong from the Groundwork Buffalo Steering Committee Cara Stillman from the Community Foundation for Greater Buffalo Erin Sharkey from the Massachusetts Ave. Project Now, Therefore, Be It Resolved: That this Common Council hereby appoints the above named people to the Community Garden Task Force ADOPTED NO 159 BY: MR. FRANCZYK RE: IMPOUND /BOOT BOOM CARS VIOLATING NOISE ORDINANCE WHEREAS: During the warm weather months the booming noise from monster car stereo systems or "straight pipe" motorcycles are especially pernicious; and, WHEREAS: Notwithstanding tougher city ordinances regarding noise violations in Buffalo, the problem of monster car stereo system abuse continues virtually unabated; and, WHEREAS: Booming monster car stereos horribly affect many Buffalo neighborhoods, incomes and ethnicities, and national anti -noise groups and health organizations have documented the serious threats to quality of life and peoples' health from this form of preventable noise pollution; and, WHEREAS: In addition to the tougher penalties proscribed by city ordinance, the booting or impounding of cars with mega - decible stereo systems or straight pipe motorcycles should be used as a tool to restore peace and tranquility to audio besieged communities; and, WHEREAS: The City of Sarasota, Florida, recently enacted an impound ordinance for these offending vehicle violations; NOW THEREFORE BE IT RESOLVED: That the city implement a booting and impound program for motor vehicles and motorcycles in violation of noise ordinances in addition to the laws already on the books combating this form of blight; and, BE IT FINALLY RESOLVED: That the law department draw up an ordinance amendment providing for the booting or impounding of vehicles with monster stereo systems used in violation of city ordinance, or motorcycles in violation of city noise ordinance. REFERRED TO THE COMMITTEE ON LEGISLATION & CORPORATION COUNSEL NO 160 SPONSORED BY: MR. FRANCZYK WAIVE FEES FOR WORLDCHANGERS PROJECT WHEREAS: WorldChangers, a mission project of the Southern Baptist Conference is scheduled to come to Buffalo from July 28 - August 1, 2008, to perform painting and minor home repairs for approximately 35 needy low income homeowners referred by Buffalo City Housing Court; and, WHEREAS: These 450 volunteers, consisting of teens with adult chaperones, many of whom are skilled in construction, raised their own money to support their expenses for this weeklong project; and, WHEREAS: The NHS of South Buffalo and the Old First Ward Community Center will conduct the eligibility screening for the homeowner participants, as well as provide for free the necessary rehab materials for the project using private funds; and, WHEREAS: The waiving of fees associated with any required licenses and permits for this project would help to maximize the number homeowners assisted with as much rehab work as possible; NOW THEREFORE BE IT RESOLVED: That the Buffalo Common Council agrees to waive the fees for any necessary licenses and permits for this WorldChangers project in Buffalo, July 28- August 1, 2008, as coordinated by NHS of South Buffalo and the Old First Ward Community Center. PASSED AYES -9 NOES -0 NO 161 FROM: MR. FRANCZYK APPOINTMENTS TO THE COMMON COUNCIL'S SPECIAL COMMITTEE ON PUBLIC TRANSPORTATION. Whereas: At its June 24, 2008 meeting, the Common Council adopted a Resolution which immediately created a Special Committee on Public Transportation to be composed of one (1) Chairman and three (3) voting members with the purpose of meeting to address local public transportation issues; and Whereas: Currently, neither a Chairman nor Members have been appointed to serve on the Common Council's Special Committee on Public Transportation; and Whereas: Per Section 3 -13 of the Charter of the City of Buffalo, the President of the Common Council shall appoint all committees, regular or special. Now, Therefore, Be It Resolved: That in my capacity as President of the Common Council, I hereby designate Michael P. Kearns, South District Council Member and President Pro Tempore of the Common Council, to serve as Chairman of the Common Council's Special Committee on Public Transportation. Now, Therefore, Be it Further Resolved: That in my capacity as President of the Common Council, I hereby designate Richard A. Fontana, Lovejoy District Council Member and Common Council Majority Leader, Michael J. LoCurto, Delaware District Council Member, and David A. Rivera, Niagara District Council Member, to serve as Members of the Common Council's Special Committee on Public Transportation. ADOPTED NO 162 BY: MR. GOLOMBEK ORDINANCE AMENDMENT CHAPTER 437, TAXICABS, LIVERIES AND SIGHTSEEING BUSES The Common Council of the City of Buffalo does hereby ordain as follows: That Chapter 437 of the Code of the City of Buffalo be amended to read as follows: § 437 -14. Rates and charges. A. No person shall charge a greater sum for the use of a taxicab or livery than in accordance with the following rates: Hourly rates: [$24] 30 per hour for one or more passengers. Mileage rates: $2.30 for the first 1/6 mile or less; [$0.40] $0.50 for each additional 1/6 mile or less; [$0.40] $0.50 for each one minute of waiting time, including time lost in traffic delays. Hand baggage: free. (4) Trunks: $1 each. (5) Large boxes: $1 each. B. No additional or extra charge shall be made for carrying more than one passenger, but all passengers up to the seating capacity of the vehicle shall be carded for the same fare as that above prescribed for one passenger. C. Upon demand, the driver of a taxicab or livery shall furnish to the passenger a receipt for the fare paid, showing the name and badge number of the driver. D. All disputes as to the lawful rate of fare shall be determined by the police officer in charge of the police station nearest to the place where the dispute arises or occurs; and a failure to comply with such determination, provided that it be in accordance with the rate herein fixed, shall be a violation of this chapter. E. The rate charged in the City of Buffalo shall be subject to review and renewal by the Common Council after a period of one year from the effective date of such rate change. During that one -year period, taxicab and livery service providers shall work with the Common Council on improving the quality of service in the City of Buffalo. The amount of improvement and extent of cooperation by the taxicab and livery service providers may be considered in the decision to renew the rate for an additional period of time. F. The rate of fare for any sightseeing bus (including all charges) for each fixed route of said sightseeing bus shall be on file with the Office of Licenses and shall be clearly displayed within each sightseeing bus. §437 -14 1 Effective Date The above - stated rates must be implemented by all licensed taxicabs by September 1, 2008. §437 -14.2 Transition A. Between the period of August 1, 2008 and September 1, 2008; licensed taxicabs may charge the above - stated rates provided that their taximeters have been inspected and approved by the Buffalo Police Department and set to said rate schedule. B. Until a licensed taxicab has had its taximeter inspected and approved by the Buffalo Police Department, it may not charge more than the previous rates of: $24 per hour for one or more passengers; $0.40 for each additional 1/6 mile or less and $0.40 for each one minute of waiting time including time lost in traffic delay C. All licensed taxicabs must be inspected and have their taximeters inspected and approved as being set to the rate schedule enumerated in §437 -14 by the Buffalo Police Department by September 1, 2008. Any taxicabs not so inspected or approved shall not be licensed It is hereby certified pursuant to Section 3 -19(g) of the Charter of the City of Buffalo, that the above amendments shall take effect immediately. REFERRED TO THE COMMITTEE ON LEGISLATION NO 163 SPONSOR: MR. KEARNS, FRANCZYK, FONTANA, RIVERA, LOCURTO, SMITH CITY PARKS CAPITAL FUNDING Whereas: The City of Buffalo, the County of Erie and the Olmsted Parks Conservancy (The Parties) have entered into a unique series of agreements for the Operation and Maintenance of the City of Buffalo Parks System; and Whereas: The City and the Conservancy have jointly agreed on the need for certain Capital undertakings to Renovate, Improve and Upgrade the City Parks System; and Whereas: The agreements entered into by the parties places responsibility for Capital Improvements of the City Parks System with the City of Buffalo; and Whereas: The Conservancy, as part of its mission, continues to raise funds to assist the City in a joint effort to restore and improve the City Parks System as a regional asset and to realize the vision of its designers, Frederick Law Olmsted and Calvert Vaux; and Whereas: Working co- jointly, the City, the County and the Conservancy could achieve greater efficiencies and leverage each other's fund raising efforts to maximize improvements and upgrades to the City Parks System; and Whereas: The City's ability to earmark capital funding for the City Parks System is currently hampered by the City's overwhelming need for funding for new, and repairs to existing, infrastructure and the restrictions contained within the City Comptroller's Debt Management guidelines. Now Therefore Be It Resolved: That this Common Council hereby requests that the City Comptroller reexamine his Debt Management Guidelines to explore a one -time extraordinary allocation of funding for repairs and renovations to the City Parks System; and Be It Further Resolved: That this one -time exception be for the inclusion of an additional sum of Five Million Dollars ($5,000,000) specifically for the City Parks System in the Capital Improvements Budget for 2010, with the understanding that the Conservancy would also raise the sum of Five Million Dollars ($5,000,000), thereby creating a dedicated pool of funding that the City could use for needed repairs and renovations to the City Parks System in conformance with the goals and objectives of the City Administration, the Common Council and the Conservancy. And Be It Finally Resolved: That this Common Council directs that copies of this Resolution be forwarded to the City Comptroller, the Mayor, the Olmsted Conservancy as well as the Commissioner of the City Department of Public Works, the Erie County Legislature and Erie County Commissioner of Department of Parks and Recreation, for comment. REFERRED TO THE COMMITTEE ON FINANCE, COMPTROLLER, MAYOR & OLMSTEAD CONSERVANCY AYES — Davis, Fontana, Franczyk, Kearns, LoCurto, Ricera, Russell, Smith 8 NOES - Golombek 1 NO 164 SPONSOR: MICHAEL J. LOCURTO CO- SPONSOR: BRIAN C. DAVIS WAIVING THE STREET - CLOSING FEE FOR THE BENEFIT FOR NIK PERRONE AT EAST MOHAWK STREET ON AUGUST 2, 2008 WHEREAS: Nik Perrone, 5 months old, underwent major heart surgery at immense cost to his family due to uncovered medical costs; and WHEREAS: Peter Perrone, his grandfather, is planning to host a fundraiser to cover the estimated $30,000 of medical costs, and have it on East Mohawk Street between Ellicott and Washington Streets from 3:00 PM on August 2, 2008 to 3:00 AM on August 3, 2008; and WHEREAS: The Perrone family needs all available funds to go toward repaying the immense medical costs incurred by Nik's condition, and the fee for closing this area on that date would impact their fundraising goal. NOW, THEREFORE, BE IT RESOLVED: That the Common Council waive the street - closing fee for the closing of East Mohawk Street between Ellicott and Washington Streets on August 2, 2008 from 3:00 PM to 3:00 AM on August 3, 2008. PASSED AYES -9 NOES -0 NO 165 SPONSOR: MICHAEL J. LOCURTO INSTITUTING A BAN ON SMOKING WITHIN 50 FEET OF PLAYGROUNDS IN ALL PUBLIC CITY AND COUNTY PARKS WHEREAS: Currently there exists no regulation limiting the areas where smokers can smoke in City Parks, smokers can currently smoke near playgrounds and other areas where children may be playing; and WHEREAS: Secondhand smoke- a Class A Carcinogen- has been statistically proven to be harmful to the health of others, containing over 250 toxic chemicals, 50 known carcinogens, and increase the risk of heart disease and lung cancer; and WHEREAS: There is no risk -free level of secondhand smoke exposure, and even brief exposure can be dangerous; and WHEREAS: Secondhand smoke is especially dangerous for children, where it has been found to cause respiratory symptoms in children and slows their lung growth, as well as makes children more susceptible to infections, and exacerbate existing conditions such as asthma; NOW, THEREFORE, BE IT RESOLVED: That the Common Council support a smoking ban within a 50 feet radius of all playgrounds and areas set aside primarily for the use of children in all public parks. BE IT FINALLY RESOLVED: That copies of this resolution be forwarded to the Buffalo Department of Public Works, the Buffalo Parks Division, the Erie County Parks Department, The Buffalo Olmsted Parks Conservancy, the Erie County Legislature and all other involved parties for further comment on this matter. ADOPTED AYES — Davis, Fontana, Golombek, Kearns, LoCurto, Rivera, Russell, Smith 8 NOES — Franczyk 1 NO. 166 BY: MS. RUSSELL BUDGET AND PERSONNEL AMENDMENT 08 - MANAGEMENT INFORMATION SYSTEMS 1071 - DATA PROCESSING The Common Council of the City Of Buffalo does ordain as follows: That part of Section 1 of Chapter 35 of the Code of the City of Buffalo, relating to 08 - Management Information Systems, 1071- Data Processing which currently reads: 1 Chief Information Officer $135,000 Is hereby amended to read: 1 Chief Information Officer $100,000 It is hereby certified, pursuant to Section 3 -19 of the Charter, that the immediate passage of the foregoing ordinance is necessary. 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 BYRON W. BROWN, MAYOR, ANDREW A. SANFILIPPO, COMPTROLLER AND DONNA J. ESTRICH, DIRECTOR OF BUDGET, ADMINISTRATION AND FINANCE, hereby certify that the above change is necessary for the proper conduct, administration and performance of essential services of that department. We recommend that the compensation for said position be fixed at the respective amount set forth in the foregoing ordinance. COMPTROLLER PASSED AYES -9 NOES -0 NO. 167 BY MR. SMITH, MR. DAVIS AND MR FRANCZYK RE: ORDINANCE AMENDMENT CHAPTER 344: SCHOOL COMPULSION The Common Council of the City of Buffalo does hereby ordain as follows: That Chapter 344 of the Code of the City of Buffalo be amended to read as follows: § 344 -1. School Compulsion The purpose of this section is to increase school attendance and student success by establishing a pattern of commitment and responsibility among minor students. A minor who is at least six U gears of age and under eighteen years of age and who has not completed the 12th grade may not be in a public place during regular school hours except while attending school as required by applicable provisions of New York State Education Law, unless such minor is: Absent from the school with the school's permission, but not including students who have been suspended or expelled; or (b).The minor is accompanied by his or her parent(s) or legal guardian or a responsible adult selected by the parent of legal guardian to supervise the child; or (c).Engaged in a lawful pursuit or activity that requires the minor's presence somewhere other than school during regular school hours which is authorized by the parent, guardian, or other person having legal care and custod7 of such minor; or Exempt from compulsory school attendance pursuant to the applicable provisions of New York State Education Law; or (e). Have already_ graduated High School prior to attaining 18 years of age. No parent or legal guardian of a minor between the ages of six U and eighteen (18) years of age shall knowingly or negligently allow a minor to violate subsection U of this section. It shall be an affirmative defense to this subsection that the parent or legal guardian has initiated the jurisdiction of the Juvenile court against the minor prior to the time that the minor was found to violate subsection A of this section. If a police officer has reasonable suspicion to believe that a minor is in violation of this section, the officer is authorized to stop and detain the minor and make reasonable inquiry regarding a potential violation of subsection A of this section. If a police officer has probable cause to believe that a minor is in violation of this section, the officer is authorized to take the minor into protective custody pursuant to the applicable provisions of the Family Court Act. A minor detained for the purposes of this law will only be released into the custody of his or her parent or legal guardian. Any minor who violates subsection A of this section is subject to on the first occasion a warning. On the second occasion a fine of no more than fifty dollars ($50) or eight (8) hours community service. On the third occasion and every occasion thereafter a fine of no more than seventy -five dollars ($75) and no more than twenty -five (25) hours of community service. Any parent or legal guardian who violates subsection B of this section on the first occasion shall be issued a warning. On the second occasion they shall be found guilty of a minor misdemeanor and be issued a fine of no more than one hundred dollars ($100). On the third occasion and any occasions thereafter they shall be issued a fine of no more than three hundred dollars ($300). For the purposes of this section, "regular school hours" are the hours of the full -time school which the minor would attend in the school district in which the minor resides, on any day for which school is in session, or, if such school in the school district of residence is unknown, "regular school hours" are the school hours of the Buffalo School District on any day for which school is in session. APPROVED AS TO FORM Corporation Counsel NOTE: Matter underlined is new. REFERRED TO THE COMMITTEE ON LEGISLATION. NO. 168 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 Kevin Louimarre TOTAL 1 ADOPTED NO. 169 BY: DEMONE A SMITH APPOINTMENTS COMMISSIONER OF DEEDS That the following persons are hereby appointed as Commissioner of Deeds for the term ending December 31, 2008, conditional, upon the person so appointed certifying under oath to their qualifications and filing same with the City Clerk: Donald V. Oakley Total: 1 ADOPTED NO. 170 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 29, 2008 at 9:45 o'clock A.M. Committee on Finance Tuesday July 29, 2008 at 10:00 o'clock AM following Civil Service Committee on Comm. Dev Tuesday, July 29, 2008 at 1:00 o'clock P.M. Committee on Legislation Tuesday, July29, 2008 at 2:00 o'clock P.M. Special Committees (Public Disclaimer): All meetings are subject to change and cancellation by the respective Chairmen of Council Committees. In the event that there is sufficient time given for notification, it will be provided. In addition, there may be meetings set up whereby the City Clerk's Office is not made aware: therefore, unless we receive notice from the respective Chairmen, we can only make notification of what we are made aware. NO. 171 ADJOURNMENT On a motion by Mr. Fontana, Seconded by Mr. Golombek the Council adjourned at 3:30 pm GERALD CHWAL1NSKI CITY CLERK Board of Police and Fire Pension Proceedings #7 Office of the Mayor -201 City Hall July 17, 2008 Present: Alicia Lukasiewicz, Corporation Counsel; Gerald Chwalinski, City Clerk The Journal of the last meeting was approved. No. 1 I transmit herewith the Pension Payroll for the Fire Pension Fund for the month of July 2008 amounting to $3,740.00 and request that checks be drawn to the order of the persons named herein for the amounts stated. Adopted Ayes -2. Noes -0. No. 2 1 transmit herewith the Pension Payroll for the Police Pension Fund for the month of July 2008 amounting to $3,760.00, respectively, and request that checks be drawn to the order of the persons named herein for the amounts stated. Adopted. Ayes -2. Noes -0. Received and Filed No. 3 On motion by Ms. Lukasiewicz the City of Buffalo Police and Fire Pension Board Meeting adjourned at 11:15 a.m.