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Home My WebLink About10-0413-0409ss (2)Qb PROCEEDINGS OF THE CITY OF BUFFALO APRIL 13, 2010 SPECIAL SESSION APRIL 9, 2010 MAYOR Hon. Byron W. Brown COMPTROLLER Andrew Sanfilippo COMMON COUNCIL PRESIDENT OF THE COUNCIL FILLMORE DISTRICT DAVID A. FRANCZYK PRESIDENT PRO TEMPORE NIAGARA DISTRICT DAVID A. RIVERA MAJORITY LEADER LOVEJOY DISTRICT RICHARD A. FONTANA DISTRICT COUNCIL MEMBERS CURTIS HAYES JR - ELLICOTT DEMONE A. SMITH — MASTEN MICHAEL J. LO CURTO — DELAWARE JOSEPH GOLOMBEK JR. — NORTH DAVID A. RIVERA- NIAGARA BONNIE C. RUSSELL - UNIVERSITY REGULAR COMMITTEES CIVIL SERVICE COMMITTEE: Bonnie E. Russell Chairman, Michael P. Kearns, Richard A. Fontana, Curtis Haynes Jr., David A. Rivera - Members CLAIMS COMMITTEE: David A. Rivera Chairman, Richard A. Fontana, Michael P. Kearns, 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, Curtis Haynes Jr., Michael J. LoCurto, David A. Rivera, Bonnie E. Russell - Members. LEGISLATION COMMITTEE: Joseph Golombek Jr., Chairman, Richard A. Fontana, Curtis Haynes Jr., Michael LoCurto, David Rivera - Members. RULES COMMITTEE: David A. Franczyk, Chairman, Richard A. Fontana, David A. Rivera - Members SPECIAL COMMITTEES BUDGET COMMITTEE: Richard A. Fontana, Chairman, Michael P. Kearns, Michael J. LoCurto, Bonnie E. Russell - Members EDUCATION COMMITTEE: Demone Smith, Chairman, Richard A. Fontana, Curtis Haynes Jr.- Members MINORITY BUSINESS ENTERPRISE COMMITTEE: Demone Smith Chairman, Richard A. Fontana, Joseph Golombek Jr., Curtis Haynes Jr. — Members PARKS OVERSIGHT: Demone A. Smith, Chairman, Richard A. Fontana, Curtis Haynes Jr., Michael P. Kearns, Michael J. LoCurto - Members POLICE OVERSIGHT: Richard A. Fontana, Chairman, Curtis Haynes Jr., Michael P. Kearns, David A. Rivera, Bonnie E. Russell, Demone Smith — Members PUBLIC TRANSPORTATION: Michael P. Kearns, Chairman, Richard A. Fontana, Michael J. LoCurto, David A. Rivera - Members WATERFRONT DEVELOPMENT COMMITTEE: Michael P. Kearns, Chairman, Joseph Golombek, Jr, Michael J. LoCurto, David A. Rivera, members CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO TUESDAY, APRIL 13, 2010 AT 2:00 P.M. Present — David A. Franczyk, President of the Council, and Councilmembers: Fontana, Golombek Jr, Haynes Jr, Kearns, LoCurto, Rivera, Russell, Smith —9 Absent — 0 On a motion by Mr. Fontana, Seconded by Mr. Rivera, the minutes of the stated meeting held on March 30, 2010 were approved. INVOCATION PLEDGE TO FLAG DATE April 13, 2010 FINAL MAYOR 1. Appoint -Board Members- Comm on Citizen Rights(Wallace, Rodgers)—APP W /COND MAYOR – EXECUTIVE 2. Cit Serv- Submission of Monthly Report -March 2010 R &F 3. Plan Bd- SEQR -Neg Declaration -1705 Broadway Ave(Lov) R &F 4. Plan Bd -SEQR- Neg Declaration -770 Military Rd(North) R &F 5. Strat Plan - Permission to Designate Redev Second Chance Ministries 363 E Ferry(Masten) APP 6. Strat Plan - Report of Sale -311 Genesee(Ell) APP COMPTROLLER 7. Appt Executive Assistant to the Comptroller- Intergovernmental Affairs (Exempt)(McPherson)(Corrected) R &F ASSESSMENT 8. Appt Account Clerk Typist(Fifth Step)(Temp)(Guadalupe) CS PUBLIC WORKS 9. 460 Massachusetts - Handicap Ramp Within City ROW APP W /COND 10. Biennial Consulting Engineer's Report FIN 11. Bond Cancellation - 1655 -1659 Main St R &F 12- 11A Perm to Engage Consultant - Citywide Paving Infrastructure Inspection APP 13- 11B Perm to Engage Consultant - Citywide Sidewalk and Curb Infrastructure Inspection APP 14- 11C Report of Bids -North Intersection Improvements Project APP 15- 12. Appt Engineering Aide(Prov)(Max)(Ziemba) CS 16- 13. Appt Building Superintendent (Perm)(Perm)(McGuire) CS PERMITS AND INSPECTIONS 17- 14. Restaurant Dance Class III -3053 Main St(Univ) LEG 18- 15. Restaurant Dance License (Renewal) 26 Allen (Ell) APP 19- 16. Restaurant Dance License (Renewal) 2426 South Park Ave(South) LEG 20- 17. Sidewalk Cafe -976 Elmwood Ave Transfer of Ownership(North) LEG 21- 18. Sidewalk Cafe -1110 Elmwood Ave Transfer of Ownership(North) APP 22- 19. Used Car Dealer -1021 Tonawanda (North) APP 23- 20. Used Car Dealer -1739 William (Lov)(15 Car Limit) APP CITY CLERK 24- 21. Liquor License Applications R &F 25- 22. Leaves of Absence R &F 26- 23. Notices of Appointments- Temp/Prov/Perm CS 27- 23A. Notices of Appointments- Temp/Prov/Perm CS MISCELLANEOUS 28- 24. Buffalo Water Board Regulations Schedule of Rates FIN 29- 25. Buffalo Water System- Monthly Operations Report -March 2010 FIN 30- 26. E. Harris - Concerns Management at Marine Dr Apartments CD 31- 26A M. Kearns - Olmsted Conservancy Parks Agreement FIN 32- 27. NYSDEC -New Fish Health Reg - Transport of Emerald Shiner Minnows LEG 33- 28. D. Smith -Crime in the City of Buffalo POL O/S 34- 29. S. Zylka - Protecting America Against Continental Shutdown LEG PETITIONS 35- 30. C. Simon, Use 364 Virginia St to Expand a Sidewalk Cafe TABLE ITEMS - - - - -- #105 K. Frizlen, Owner, Rezone 301, 305, 311 West Utica for Multi Family Housing (Nia)(hrg 5/19) (no pub hrg)(Ell) LEG,CPBD,ZONING RESOLUTIONS 62- 31. Golombek Creation of a Special Zoning District "The Pan American District' ADOPT 63- 32. Golombek Support of Black Rock Riverside Good Neighbor Planning Alliance Application ADOPT - - - - -- 33. Haynes Appoint Legislative Aide(Quintana) WITHDRAWN 64- 33A Haynes Bflo Place -NYS Main St. Program ADOPT 65- 34. Haynes Appoint Senior Legislative Assistant(Davis) ADOPT 66- 34A LoCurto Permission to Hang Banner - Hellenic Festival ADOPT 67- 35. Rivera PUSH Application to NYS Community Renewal Main St Prog ADOPT 68- 36. Russell Budget & Personnel Amendment - Police APP 69- 37. Smith Felicitations in Memorium ADOPT 70- 38. Smith Comm of Deeds- Public Duties ADOPT TABLE ITEMS - - - - -- #105 K. Frizlen, Owner, Rezone 301, 305, 311 West Utica for Multi Family Housing (Nia)(hrg 5/19) SUBMISSION LIST OF COMMITTEE ITEMS FOR THE COUNCIL MEETINGS CIVIL SERVICE 36- 1. Com 13 Mar 30 Appt Executive Director(Exempt)(MehafA)(Strat Plan) R &F 37- 2. Com 17 Mar 30 Appt Exec Assist to Compt for Comm & Intergovernmental Affairs Patio(hrg 4 /6)(North) APP 58- 23. No 57 Mar 30 (Perm)(Max)(McPhearson)(Compt) R &F 38- 3. Com 18 Mar 30 Appt Supervising Assessor(Prov)(4 Step)(Kozerski)(Assess) APP 39- 4. Com 24 Mar 30 Appt Engineering Inspector (Perm)(Inter)(Borton)(PW) APP 40- 5. Com 25 Mar 30 Appt Engineering Inspector (Temp)(Temp)(Inter)(Pecoro)(PW) APP 41- 6. Com 26 Mar 30 Appt Engineering Inspector (Perm)(3 Step)(R. Schmarder)(PW) APP 42- 7. Com 27 Mar 30 Appt Laborer II(Perm)(3 Step)(Schroeder)(PW) APP 43- 8. Com 28 Mar 30 Appt Senior Engineer(Perm)(Inter)(E. Schmarder)(PW) APP 44- 9. Com 29 Mar 30 Appt Senior Engineer (Prov)(Max)(Hoffert)(PW) APP 45- 10. Com 42 Mar 30 Appt Contract & Specification Clerk(Prov)(Max)(Kirker)(A &F) APP 46- 11. Com 48 Mar 30 Notices of Appointments- Temp /Prow /Perm(Ct`- Clk) R &F FINANCE 47- 12. Com 23 Mar 30 Request for Increase in Contract (Lardon Construction) Waste Material(PW) APP 48- 13. Com 43 Mar 30 Acceptance of Grant - Governor's Traffic Safety Committee(Comm Svs)APP 49- 14. No 54 Mar 30 M. Kearns - Housing Violation License Application Affidavit R &F 50- 15. Res 129 Mar 30 Budget & Personnel Amendment -PW APP 51- 16. Res 120 Mar 30 Increased Appropriation - Police APP COMMUNITY DEVELOPMENT 52- 17. Res 80 Mar 30 Approval to Transfer One Home Sycamore Village Sub - 245 Mortimer(HRG 4/13)(Ell) APP 53 -18. Com 44 Mar 30 Approval to Transfer One Home in Sycamore Village Sub - 245 Mortimer(Ell)(BURA) R &F 54- 19. Com 4 Mar 30 Report of Sale -276 Chelsea(Masten)(Strat Plan) RECOMMIT 55- 20. Com 5 Mar 30 Report of Sale -42 Colorado(Masten)(Strat Plan) RECOMMIT 56- 21. Com 7 Mar 30 Report of Sale -14 Kehr(Masten)(Strat Plan) RECOMMIT LEGISLATION 57- 22. No 56 Mar 30 A. Georgiadis, Owner, Use 1081 Elmwood Ave for A Sidewalk Patio(hrg 4 /6)(North) APP 58- 23. No 57 Mar 30 S. AL Karaawi, Owner, Use 1201 Hertel for a Restaurant (hrg 4 /6)(Del)_APP 59- 24. No 72 Mar 30 D. Hall,Owner,Use 326 Amherst St to Expand an Existing Restaurant (no pub Hrg)(North)( 452,2/16)( 472,3/16) RECOMMIT 60- 25. No 62 Mar 2 Ordinance Amendment- Domestic Partnership Benefits (4101,2/2)( 461,2/16) R &F 61- 26. No 44 Feb 2 P. Favushtevn Owner, Use 1225 Hertel for a LED Billboard Sign(Del)(no hrg)_ RECOMMIT FROM THE MAYOR NO. 1 APPOINTMENT - COMMISSION ON CITIZENS' RIGHTS AND COMMUNITY RELATIONS Pursuant to Article XVI11, Section 20 of the Code of the City of Buffalo, I hereby appoint the following individuals to serve on the Commission on Citizens' Rights and Community Relations Board for a 3 year term, commencing immediately and expiring March 31, 2013. Sheila R. Wallace, 63 John Paul Court, Buffalo, New York, 14206 Marilyn Rodgers, 81 Johnson Park, Buffalo, New York, 14201 1 hereby certify that the above mentioned individuals are fully qualified to serve as members of the Commission on Citizens' Rights and Community Relations. Mr. Fontana moved: That the above communication from the Mayor dated April 6, 2010, be received and filed; and That the appointments of Shelia R. Wallace and Marilyn Rodgers to the Commission on Citizens' Rights and Community Relations for a 3 (three) year term, commencing immediately and expiring March 31, 2013, are hereby approved on the condition that they do not owe any outstanding liens to the City of Buffalo. PASSED AYES -9 NOES -0 FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE OFFICE OF CITIZEN SERVICES NO. 2 SUBMISSION OF MONTHLY REPORT- MARCH 2010 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 March 2010, 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. RECEIVED AND FILED FROM THE CITY PLANNING BOARD NO. 3 LEAD AGENCY 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. 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 Umbra LLC Location: 1705 Broadway Avenue Description: Umbra LLC, located at 1705 Broadway Avenue, Buffalo New York is proposing the construction of a warehouse addition. The 23,792 sq. ft. warehouse addition will be connected to a warehouse that was constructed and approved by the City of Buffalo Planning Board in 1997. The landscaping along Stone Street will be continued along the rear of the new addition as well as providing additional landscaping on Broadway helping to screen the loading dock and parking area. The project is privately funded in the amount of 480,000 dollars- As a result of this Environmental Review, the Lead Agency has determined the undertaking of this action will not have a significant adverse 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 addition will allow for the future hiring of new employees as well as allow the company to remain a strong business located in the City of Buffalo, 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 NO.4 SEQRA NOTICE OF DETERMINATION NON SIGNIFICANCE NEGATIVE DECLARATION This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (SEAR - State Environmental Quality Review) of the Environmental Conservation Law. 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 Marie's Hot Dog Stand Description: Mr. Marie Dichristofaro, owner is proposing the construction of a one story framed hot dog stand located at 770 Military Road, buffalo New York: The 1,575 Square foot building contains seating for 24 with an area with a counter for ordering and preparing the food. There are two lavatories, an attached walk in cooler /freezer and a small office. There will be outdoor seating for 12 at three picnic tables. The lot will be landscaped with a new board on board fence on three sides. The rental dwelling unit along Kenmore Avenue will be fenced to provide privacy for the tenants. An existing drainage structure will be replaced. Additional trench drains will be installed at both driveways to keep water from flowing over the sidewalk. A total of 18 spaces will be provided. Existing water and sewer taps from a demolished restaurant will be reused for use as part of this project. The building exterior will have stone with drivit on the front elevation with drivet on the drivet, left and rear elevation. The roof will be a standing seam green metal roof panel roof system. The project is privately funded in the amount of 100,000 dollars. As a result of this Environmental Review, the Lead Agency has determined the undertaking of this action will not have a significant adverse affect on the quality of the environment. No further environmental review of this action will be conducted prior to project implementation and a Draft Environmental Impact Statement will not be prepared. Reasons Supporting This Determination: The facts and reasons for this decision are as follows: this project will allow for the construction of a restaurant on a property that has been vacant for many years adding to the stability of the surrounding neighborhood directly across from the proposed site. The project will also provide new employment opportunities to neighborhood residents. The identified potential negative impacts appear t0 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. 6 PERMISSION TO DESIGNATE REDEVELOPER SECOND CHANCE MINISTRIES DEVELOPMENT CORP. 363 EAST FERRY STREET The Office of Strategic Planning, Division of Real Estate, has received a request from Second Chance Ministries Development Corporation to be designated as the Redeveloper of 363 East Ferry Street. Second Chance Ministries is proposing to construct a six (6) unit residential townhouse complex on the 20,856 sq .ft, commercial vacant lot. Total project costs are estimated at $1 Million Dollars. The proposed project will be State and privately financed. Construction is scheduled to begin in July 2010. I therefore respectfully request that Your Honorable Body designate Second Chance Ministries 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 review and approval by the City of Buffalo Planning Board (if necessary) and construction plans, including landscaping, for review by the City and a breakdown of estimated total project costs. b. Submission of a colored rendering of the project suitable for presentation to the City Common Council which shall be submitted prior to the Common Council approval of a Land Disposition Agreement (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 Two Hundred Fifty Dollars ($250.00) 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 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 fees paid on account and the City shall retain all such fees. e. Redeveloper is responsible for performing any soil borings and soil investigations as per a license agreement to be granted by the City, for the purpose of determining, to developer's satisfaction, the suitability of the site for its intended use, and the presence or absence of hazardous substances as such term is used in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended (C. E. R.C.L.A) 42 U SC ss 9601 et seq.: The Hazardous Materials Transportation Act, as amended, 49 USC ss 1801 et seq.: The Resource Conservation and Recovery Act, as Environmental Conservation Law or any other federal, state, or local law, regulation, rule, ordnance by- aw, policy guidance procedure interpretation, decision, order, or directive, whether existing as of the date hereof, previously enforced or subsequently enacted. f. The successful negotiation of a Land Disposition Agreement for approval by the Common Council by no later than six months from the date the Common Council approves the designation. The purchase price shall be negotiated based upon a real estate appraisal to be obtained and paid for by the purchaser. g. Upon signing of LDA, payment by the Redeveloper to the City of a non- refundable deposit, in the amount of ten percent (10 %) of the agreed to selling price. h. Individuals and or corporations having outstanding taxes, water bills, parking tickets, user fee and /or demolition liens or any other liens owned to the City of Buffalo, or if code violations exist on any property owned by them they are ineligible for designation i. The Redeveloper will be required to provide monthly progress reports with the above mentioned requirements to the Office of Strategic Planning, D v s on of Real Estate. The City of Buffalo may terminate this designation should the Redeveloper fail to meet any of the conditions set forth above. Should the City elect to terminate this designation on or before the end of the designation period for failure by Redeveloper to comply with the above conditions, the City will give written notice to the Redeveloper via certified mail and allow Redeveloper two (2) weeks to cure. 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 Second Chance Ministries Development Corp. as the Redeveloper of 363 E. Ferry Street upon the above terms and conditions; authorize the Executive Director of the Office of Strategic Planning to prepare the necessary agreements for the redevelopment of 363 East Ferry Street, and forward to the Common Council for final approval of agreements for the transfer of title. Mr. Fontana moved: That the above communication from the Office of Strategic planning, be received and filed; and That the Common Council approve the designation of Second Chance Ministries Development Corporation as the Redeveloper of 363 East Ferry Street upon the above listed terms and conditions; and That the Executive Director of the Office of Strategic Planning be, and he hereby is authorized to prepare the necessary agreements for the redevelopment of 363 East Ferry Street, and forward to the Common Council for final approval of agreements for the transfer of title. PASSED AYES -9 NOES -0 NO. 6 REPORT OF SALE 311 GENESEE, 60.60' W WALNUT LOT SIZE: 21'X 100' ASSESSED VALUATION: $1,100.00 (ELLICOTT DISTRICT) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Thomas H. Burton, President of Tatanka Development Company, Inc., 403 Main Street, Suite 716, Buffalo, New York 14203 to purchase 311 Genesee. Tatanka Development Company, Inc. own properties in the surrounding area and intend to use 311 Genesee for their future development. 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. Tatanka Development Company, Inc. has commissioned John Zukowski, real estate appraiser, of Arrow Appraisal Service to estimate the fair market value of the subject property: He has estimated the Fair Market Value to be One Thousand Six Hundred Dollars ($1,600.00), $.64 per square foot. The Division of Real Estate has reviewed the appraisal report and concurs with the appraisers' estimate of value. Mr. Burton on behalf of Tatanka Development, Inc. has agreed and is prepared to pay One Thousand Six Hundred Dollars ($1,600.00), Sixty Four Cents ($.64) per square foot for the subject property. They 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 311 Genesee to Tatanka Development Company, Inc. in the amount of One Thousand Six Hundred Dollars ($1,600.00). 1 am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. Mr. Fontana moved: That the above communication from the Office of Strategic Planning dated April 7, 2010, be received and filed; and That the offer from Thomas H. Burton, President of Tatanka Development Company, Inc., 403 Main Street, Suite 716, in the sum of One Thousand and Six Hundred Dollars ($1,600.00) for the purchase of 311 Genesee, 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 y :IQ V i& I. I=11115 f i e L V i 12 1 K*] 4 4 4 N NO. 7 CERTIFICATE OF APPOINTMENT Appointment effective March 22, 2010 in the Department of Audit and Control, Division of Accounting to the position of Executive Assistant to the Comptroller for Communications and Intergovernmental Affairs, Exempt appointment at the flat Salary of $75,402.00 Robbie McPhearson, 2540 Niagara Falls Boulevard, Niagara Falls, NY 14304 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF ASSESSMENT AND TAXATION NO. 8 CERTIFICATE OF APPOINTMENT Appointment Effective: April 8, 2010 in the Department of Assessment and Taxation to the Position of Account Clerk Typist, Temporary Promotion at the fifth step of $34,104 Enid Guadalupe, 1219 Main St Apt 407, Buffalo, NY 14209 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO. 9 460 MASSACHUSETTS; HANDICAP RAMP WITHIN CITY RIGHT OF WAY Mr. Aaron Bartley, Executive Director of Push, Inc., owner and developer of the property located at 460 Massachusetts, has requested permission to encroach city right of way with a handicap ramp at said address. The proposed ramp would be constructed of concrete with metal roofing and snow guards, extend 5 feet 8 inches from the building face and measure 27 feet in length. Four feet of unobstructed concrete sidewalk would remain after installation. The Department of Public Works, Parks & Streets has reviewed this request pursuant to Chapter 413 -59.1 (Handicapped Access Ramps) of the City Ordinances and has no objection to Your Honorable Body authorizing the Commissioner to issue a "Mere License" for said installation provided the following conditions are met: 1. That the applicant obtain any and all other City of Buffalo permits necessary for installation. 2. That the ramp be installed exactly as shown on plans submitted to and approved by the Department of Permit and Inspection Services. 3. That the ramp be constructed so as not to be permanent in nature. 4. That the applicant supply the Department of Public Works with a $5,000 construction in street bond or certificate of insurance which will indemnify and save harmless the City of Buffalo against any and all loss or damage arising out of the construction maintenance, use and removal of said ramp. Mr. Fontana moved: That the above communication from the Department of Public Works, Parks and Streets dated April 6, 2010 be received and filed; and That the Commissioner of Public Works, Parks and Street be, and he hereby is authorized to issue a "Mere License" to Mr. Aaron Bartley, Executive Director of Push, Inc., applicant, located at 460 Massachusetts, to extend a handicap ramp 5 feet 8 inches from the building face and measure 27 feet in length which would encroach city right -of -way at said address, subject to the conditions as listed above. PASSED AYES -9 NOES -0 NO. 10 BIENNIAL CONSULTING ENGINEERS REPORT Please find attached the Biennial Consulting Engineer's Report on the Buffalo Water System -2010. Copy available for review in the City Clerk's Office REFERRED TO THE COMMITTEE ON FINANCE NO. 11 BOND CANCELLATION; 1655 -1659 MAIN ST. It is hereby certified that the bond described below be cancelled: Principal: Maier Management Corp. Surety: Western Surety Co. Amount: $5,000.00 Structure: To use sidewalk vault Location: 1655 -1659 Main St. This bond is no longer needed due to the fact the encroachment has been removed. The above captioned bond should be deemed release and cancelled as to future liability in accordance with the provisions of the City ordinances. RECEIVED AND FILED NO. 12 PERMISSION TO ENGAGE SERVICES OF CONSULTING ENGINEER FOR CITYWIDE PAVING INFRASTRUCTURE INSPECTION CITY -WIDE I respectfully request that Your Honorable Body authorize the Department of Public Works, Parks and Streets to grant permission to hire a consultant to provide construction phase services for Citywide Paving Infrastructure Inspection. The costs for consulting services are estimated not to exceed $190,000.00 and the construction cost is estimated to be $4,000,000. The funds are available in Capital account(s) 32311506 445100 and 30032106 445100. The consultant will be chosen through a Request for Proposal (RFP) process. Mr. Fontana moved That the Commissioner of Public Works, Parks and Streets is hereby authorized to hire a Consultant to provide construction phase services for Citywide Paving Infrastructure Inspection in an amount not to exceed $190,000 with a construction cost estimated at $4 million. Funds for this service are available in Capital Accounts 32311506 445100 and 30032106 445100 PASSED AYES -9 NOES -0 NO. 13 PERMISSION TO ENGAGE SERVICES OF CONSULTING ENGINEER FOR CITYWIDE SIDEWALK, CURB, & MISCELLANEOUS INFRASTRUCTURE INSPECTION CITY -WIDE I respectfully request that Your Honorable Body authorize the Department of Public Works, Parks and Streets to grant permission to hire a consultant to provide construction phase services for Citywide Sidewalk, Curb, & Miscellaneous Infrastructure Inspection. The costs for consulting services are estimated not to exceed $180,000.00. The funds are available in Capital account(s) 32311506 445100 and 30032106 445100. The consultant will be chosen through a Request for Proposal (RFP) process. Mr. Fontana moved That the Commissioner of Public Works, Parks and Streets is hereby authorized to hire a Consultant to provide construction phase services for Citywide Paving Infrastructure Inspection in an amount not to exceed $180,000 with funds from Capital Accounts 32311506 445100 and 30032106 445100 PASSED AYES -9 NOES -0 NO. 14 REPORT OF BIDS FRANKLIN- LINWOOD- NORTH INTERSECTION IMPROVEMENTS PROJECT This is to advise Your Honorable Body that I have advertised and received bids on February 10, 2010. The following bid was received: Contractor Base Bid Total Bid C.Destro Development Co. Inc. $577,777.00 $606,665.85 2255 Bailey Ave. Buffalo, New York 14211 Destro and Brothers Concrete Co. $579,848.50 $608,640.93 411 Ludingtun St. Buffalo, New York 14206 North America Construction Co. Inc. $588,161.00 $617,569.05 1417 Alleghany Rd. Attica, New York 14011 1 hereby certify that the lowest responsible bidder for the above project is C. Destro Development Co., Inc. I respectfully recommend that Your Honorable Body authorize a contract award in the amount of $606,665.85 (Base Bid of $577,777.00 + [5% unit price increases] $28,888.85 equals [Total Award] $606,665.85). The engineer's estimate for this work is $639,949.86. Fund for this work are available in Bond Fund Accounts #32310506 - 445100, 34310606 - 445100, and 32311606- 445100 Mr. Fontana moved That the Commissioner of Public Works, Parks and Streets is hereby authorized to enter into a contract with C. Destro Dev Co, Inc. (The lowest responsible Bidder) in the amount of $606,665.85 (Base Bid of $577,777.00 & [5% unit price increases] $28,888.85) _ Total (award $606,665.85) from Bond Fund Accounts #32310506 445100, 34310606 445100 and 32311606 445100 PASSED AYES -9 NOES -0 NO. 15 CERTIFICATE OF APPOINTMENT Appointment effective 03/30/2010 in the Department of Public works, Parks and Streets to the Position of Engineering Aide, Provisional Appointment at the Maximum Salary of $36164.00 Joseph Ziemba, 12 Fields avenue, Buffalo, NY 14210 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 16 CERTIFICATE OF APPOINTMENT Appointment effective 03/30/2010 in the Department of Public works, Parks and Streets to the Position of Building Superintendent Permanent Appointment at the Intermediate Salary of $54,841.00 William D. McGuire, 215 Wallace Avenue, Buffalo, NY 14216 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT & INSPECTION SERVICES NO. 17 RESTAURANT DANCE CLASS III 3053 MAIN STREET Pursuant to Chapter 150 of the City of Buffalo Ordinance please be advised that I have examined the attached application for a Restaurant Dance Class III License located at 3053 Main Street and find that as to form is correct. I have caused an investigation into the premises for which said application for a Restaurant Dance Class III 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 Eboni Biffle. The attached thereto Buffalo Live. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION NO 18 RESTAURANT DANCE LICENSE (RENEWAL) 26 ALLEN STREET (ELL) Pursuant to Chapter 150 of the City of Buffalo Ordinances, please be advised that I have caused an investigation into the premises located at 26 Allen Street for which said renewal application for a Restaurant Dance Class IV license is being sought by Walter Ward 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 April 1, 2010, 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 IV License to Walter Ward d /b /a Cathode Ray located at 26 Allen Street. PASSED AYES -9 NOES -0 NO 19 RESTAURANT DANCE LICENSE (RENEWAL) 2426 SOUTH PARK AVENUE (SOUTH) Pursuant to Chapter 150 of the City of Buffalo Ordinances, please be advised that I have caused an investigation into the premises located at 2426 South Park Avenue for which said renewal application for a Restaurant Dance Class IV license is being sought by Tamara Recckio 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. REFERRED TO THE COMMITTEE ON LEGISLATION NO 20 SIDEWALK CAFE 976 ELMWOOD AVENUE TRANSFER OF OWNERSHIP (NORTH) Pursuant to Chapter 150 of the City of Buffalo Ordinance please be advised that I have examined the attached application for a Sidewalk Car6 License located at 976 Elmwood Avenue and find that as to form is correct. This Sidewalk Cafe had been previously approved by the Common Council. I have caused an investigation into the premises for which said application for a Sidewalk Caf6 License is being sought and according to the attached reports from the Zoning Office and Engineering Inspections. I find it complies with all regulations and other applicable laws. The attached application is thereto for Zetti's Pizza & Pasta. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION NO 21 SIDEWALK CAFE 1110 ELMWOOD AVENUE TRANSFER OF OWNERSHIP (NORTH) Pursuant to Chapter 150 of the City of Buffalo Ordinance please be advised that I have examined the attached application for a Sidewalk Cafe License located at 1110 Elmwood Avenue and find that as to form is correct. The Sidewalk Cafe had been previously approved by the Common Council. I have caused an investigation into the premises for which said application for a Sidewalk Caf6 License is being sought and according to the attached reports from the Zoning Office and Engineering Inspections. I find it complies with all regulations and other applicable laws. The attached application is thereto for Mr. Goodbar. This request is submitted for your approval or whatever action you deem appropriate. Mr. Fontana moved: That the above communication from tile Department of Economic Development, Permit and Inspections Services dated April 1, 2010, 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 issue a "Mere License" to Robert P. Rabb, applicant, located at 1110 Elmwood, d /b /a Mr. Goodbar to install a 48'x 10' sidewalk cafe with a wrought iron railings, which would encroach city right -of -way at said address, subject to the conditions as, requested by the Commissioner. PASSED AYES -9 NOES -0 NO 22 USED CAR DEALER 1021 TONAWANDA ST (NORTH) Pursuant to Chapter 254 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Used Car Dealer License located at 1021 Tonawanda St and find that as to form is correct. I have caused an investigation into the premises for which said application for a used car dealer license is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspections; I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of Derek Skura. The attached thereto for Derek Skura dba Nucherano Auto Inc. This request is submitted for your approval or whatever action you deem appropriate. Mr. Fontana moved: That the above communication from the Department of Economic Development, Permit and Inspections Services dated March 9, 2010, be received and filed; and That pursuant to Chapter 254 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services be, and he hereby is authorized to grant a Used Car Dealer license to Derek Skura d /b /a Nuchereno Auto Inc., with a maximum of five (5) vehicles allowed located at 1021 Tonawanda. PASSED AYES -9 NOES -0 NO 23 USED CAR DEALER 1739 WILLIAM (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 1739 William and find that as to form is correct. I have caused an investigation into the premises for which said application for a used car dealer license is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspections; I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of Eugene Koltoniak. The attached thereto for Eugene Koltoniak dba Maldon Motors. 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 April 5, 2010, be received and filed; and That pursuant to Chapter 254 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services be, and he hereby is authorized to grant a Used Car Dealer license to Eugene Koltoniak d /b /a Maldon Motors with a maximum of 15 (fifteen) vehicles allowed located at 1739 William. PASSED AYES -9 NOES -0 FROM THE CITY CLERK NO 24 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 189 Delaware Ave Kings Court Lounge Fouad M. Badawy 370 Virginia Street Betty's Simon Hall, Inc. 439 Delaware Ave Buffalo Sisters Merge LLC Eliza & Sarah Schneider 253 Allen Street Duquin Alfieri, LLC Patrick Duquin, Gabrielle Alfieri 1614 Broadway Club 77 Bar & Grill Club 77 Bar & Grill Inc RECEIVED AND FILED NO 25 LEAVES OF ABSENCE WITHOUT PAY I transmit herewith notifications received by me, reporting the granting of the leaves of absence without pay, in the various departments as listed: Economic Development & Permit and Inspection Services- Matthew Baudo RECEIVED AND FILED. NO 26 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 March 29, 2010 in the Department of Administration, Finance, Policy & Urban Affairs Division of Parking Enforcement to the Position of Junior Traffic Clerk Temporary, Minimum, Starting salary of $29,618 Shannon M. Fracos, 314 St. Lawrence Avenue, Buffalo 14216 CERTIFICATE OF APPOINTMENT Appointment effective April 7, 2010 in the Department of Public Works, Parks & Streets Division of Water to the Position of Assistant Filtration Plant Operator Provisional, Minimum, Starting salary of $34,072 Shaun McCleary, 201 Commonwealth Avenue, Buffalo 14216 NO 27 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 April 9, 2010 in the Department of Executive Division of Mayor to the Position of Senior Administrative Assistant Permanent Promotional Minimum Starting salary of $45,113 Gretchen M. Krieger, 81 Rebecca Park, Buffalo 14207 NON - OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON - OFFICIAL COMMUNICATIONS NO 28 BUFFALO WATER BOARD REGULATIONS SCHEDULE OF RATES Mr. Gerald Chwalinski Office of the City Clerk 1308 City Hall Buffalo, New York 14202 Buffalo Water Board Regulations Schedule of Rates Dear Mr. Chwalinski: On February 11, 2010 we filed with your office a copy of the resolution of the Buffalo Water Board adopted February 10, 2010 which included as attachments Exhibits A through D, inclusive. In addition, this resolution was published in the City Record on February 12, 2010. After such filing we noticed that the Buffalo Water Board Schedule of Water Rates, Fees and Charges that constitutes Exhibit D has a typographical error on page 1 of 21. The document as submitted, on page one only, indicates that it is "effective for all water and services used on or after January 1, 2012." This page should state that this schedule is "effective for all water and services used on or after July 1, 2012." The other 20 pages of this schedule correctly indicate that the effective date is July 1, 2012. Moreover, the resolution adopted by the Buffalo Water Board also indicates that the schedule at Exhibit D is effective as of July 1, 2012. Enclosed is a replacement page one for this Schedule of Water Rates, Fees and Charges for Exhibit D. Please use the enclosed in all of your records, and disregard the incorrect page previously filed. In addition, please publish a copy of this letter and attachment in the City Record. If you have any questions or need any further information, please contact the undersigned. Thank you for your assistance and courtesies in this matter. Very truly yours, Buffalo Water Board Peter Merlo, Secretary PM: Enclosure BUFFALO WATER BOARD SCHEDULE OF WATER RATES, FEES AND CHARGES PART OF 21 NYCRR SECTION 10085.16 EFFECTIVE FOR ALL WATER AND SERVICES USED ON OR AFTER JULY 01, 2012. The following annual rates and related fees and charges (in United States Dollars) shall be charged for the use or consumption of water, except where meter rates are herein specified, and other services provided by the Buffalo Water Board. The water rates for all homeowners who by virtue of their age are eligible for the real estate property tax exemption pursuant to Section 467 of the Real Property Tax Law of the State of New York, are set forth separately. All rates, fees and charges for water and services supplied which are not enumerated in this section shall be subject to special rates, fees and charges to be fixed by the Commissioner of Public Works, Parks and Streets, subject to the approval of the Buffalo Water Board. REFERRED TO THE COMMITTEE ON FINANCE NO 29 BUFFALO WATER SYSTEM - MONTHLY OPERATIONS REPORT -MARCH 2010 Copy Available for review in the City Clerks Office REFERRED TO THE COMMITTEE ON FINANCE NO 30 E. HARRIS - CONCERNS MANAGEMENT AT MARINE DR APARTMENTS Elizabeth Harris 161 Marine Drive Apt. 4B Buffalo, NY 14202 (716) 847 -0009 Dear Council President Franczyk, On Wednesday, March 10, 2010, 1 came home to find the enclosed posting by management in our building. At first I could not understand what it meant. Through the course of that evening, as a Marine Drive building representative for the Flagstaff building and the President of the Marine Drive Resident Council, I received numerous telephone calls regarding the posting that ranged from fear to laughter. After examining it further I concluded that this was an attempt by management to somehow try to stop the residents from talking to each other when they do not receive the proper response from the management company. 1, along with a number of other residents, feel this is clearly a violation of the resident's rights as tenants under NYS law, it is illegal for Landlords to engage in a violation of the resident's civil rights and a violation of the First Amendment. At the same time, this action by ERHDC, represents the latest action designed to intimidate, harass and create a hostile living environment for the residents of the Marine Drive Apartments. This systematic behavior by ERHDC has to stop. We are asking the Common Council to investigate this latest action by ERHDC. We would like the opportunity to present our concerns and complaints to the Common Council and seek to work collectively together to resolve these outstanding issues. Your immediate attention to this matter would be greatly appreciated. Thank you, Elizabeth Harris President of the Marine Drive Resident Council REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO 31 M. KEARNS - OLMSTED CONSERVANCY PARKS AGREEMENT Dear Mr. SanFilippo: I am writing to respectfully request that your office conduct a financial and performance audit of the management of our city's golf courses by the Buffalo Olmsted Conservancy ( "the Conservancy "). I believe that an audit is critical at this time for the following reasons: • After several years of being managed by Erie County, who sub - contracted with the Conservancy to maintain and care for our city's Olmsted Park System and the golf courses within them, maintenance and care of city parks has recently reverted back to the City of Buffalo; • Notwithstanding Erie County's withdrawal from the Intermunicipal Parks Agreement, the Conservancy continues to maintain the city's Olmsted Parks System and golf courses and hopes to continue to do so well into the future; • Pursuant to the terms of the current agreement, the Conservancy retains all revenues that are collected from parks operations; • The City of Buffalo recently transferred $300,000 to the Conservancy and is in the process of purchasing upwards of $1,000,000 of new equipment for use by the Conservancy in maintaining the Olmsted Parks System and golf courses; • The Conservancy claims to be losing thousands of dollars each year on the operation of city golf courses, but as of yet has failed to provide sufficient financial and operational documentation to allow for independent verification of such claims; • The overall quality and condition of city courses, as acknowledged by the Conservancy itself, does not compare favorably with that of other local public and private courses, despite the fact that the Conservancy appears to be devoting more personnel to golf course management than is utilized by many other local golf courses. For these reasons, I, and many of my colleagues on the Common Council, harbor concerns regarding the level of funding being provided to the Conservancy, the level of expenditures they are incurring, and the possible need for additional funding in succeeding fiscal periods. Consequently, as the Chief Fiscal Officer of the City of Buffalo, I trust that you will concur that an audit would resolve many of the unanswered questions regarding needed /requested additional funding and provide city officials with a better understanding of the financial flow of resources and expenses associated with maintaining the City of Buffalo Olmsted Parks System and golf courses by the Conservancy. Sincerely, Michael P. Kearns Common Council Member - South District REFERRED TO THE COMMITTEE ON FINANCE NO 32 NYSDEC -NEW FISH HEALTH REG- TRANSPORT OF EMERALD SHINER MINNOWS Subject: "J. Golombek -New Fish Health Regulation - Transport of Emerald Shiner Minnows" ( #38 C.C.P. Sept. 29, 2009) Dear Mr. Golombek, Jr.: Thank you for taking the time to forward the letter from Mr. Kopra regarding bait fish regulations that were imposed by New York State in 2007. As I am sure you are aware, restrictive bait regulations were instituted to limit the spread offish diseases. The Great Lakes and the associated barge traffic have been a primary source of fish diseases so movement, by any means of live fish, particularly from the Great Lakes waters is a cause of great concern to fisheries managers and anglers alike. In addition to restrictive "recreational" bait regulations we have also instituted changes to the commercial bait rules, private hatchery fish transportation and stocking policies and instituted restrictive rules for the state hatchery system. All of these efforts have focused on stopping the spread of fish diseases that could affect and possibly decimate fish communities and sportfishing in New York State. Regarding the specific proposal by Western New York sportsmen to permit the transportation of angler - collected, wild baitfish overland by motor vehicle within the Lake Erie /Niagara River corridor, it is currently being evaluated by DEC Fisheries personnel It is important to consider that although this regulation at first glance appears to affect only Western New York, once uncertified live bait are within a motor vehicle it becomes very difficult, if not impossible for our Environmental Conservation Officers to restrict movement beyond the proposed corridor. For this reason, we are approaching this issue from a statewide perspective and have held several internal meetings with fisheries managers from across the state to weigh the advantages and disadvantages of various regulatory options. Based on these discussions we have decided to hold another round of public meetings around the state to discuss the status of the bait regulations and fish disease concerns. We expect to have a public meeting in the Buffalo area in April -May and hope that you can attend and present your concerns. Announcements for this meeting will be distributed by press release (I am sure it will be in the Buffalo News) and will be posted on our Dec website. Regards, Abby M. Snyder Regional Director REFERRED TO THE COMMITTEE ON LEGISLATION NO 33 D. SMITH -CRIME IN THE CITY OF BUFFALO Dear Commissioner Derenda, Warmer weather is quickly approaching; and along with the increase in temperature is an increase in violent crimes and homicides in the City of Buffalo. The Masten District Council office is requesting an update on strategies to contain and prevent homicides and violent crimes for the up coming summer. Thank you for your attention. If you have any questions, please contact the office at 851 -5145. 1 look forward to your correspondence. Sincerely, Demone Smith Masten District Councilmember REFERRED TO THE SPECIAL COMMITTEE ON POLICE OVERSIGHT NO 34 S. ZYLKA- PROTECTING AMERICA AGAINST CONTINENTAL SHUTDOWN Several potential adversaries have or can acquire the capability to attack the United States with a high - altitude nuclear weapon - generated electromagnetic pulse (EMP). A determined adversary can achieve an EMP attack capability without having a high level of sophistication. EMP is one of a small number of threats that can hold our society at risk of catastrophic consequences. EMP will cover the wide geographic region within line of sight to the nuclear weapon. It has the capability to produce significant damage to critical infrastructures and thus to the very fabric of US society, as well as to the ability of the United States and Western nations to project influence and military power. The common element that can produce such an impact from EMP is primarily electronics, so pervasive in all aspects of our society and military, coupled through critical infrastructures. Our vulnerability is increasing daily as our use of and dependence on electronics continues to grow. The impact of EMP is asymmetric in relation to potential protagonists who are not as dependent on modem electronics. The current vulnerability of our critical infrastructures can both invite and reward attack if not corrected. Correction is feasible and well within the Nation's means and resources to accomplish. Copy CD Available for Review in the City Clerk's Office REFERRED TO THE COMMITTEE ON LEGISLATION PETITIONS NO 35 C. SIMON, OWNER, USE 364 VIRGINIA ST TO EXPAND A SIDEWALK CAFE (NO PUB HRG)(ELL) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD AND THE ZONING BOARD OF APPEALS REGULAR COMMITTEES CIVIL SERVICE (BONNIE E. RUSSELL, CHAIRPERSON) NO 36 APPOINT EXECUTIVE DIRECTOR (EXEMPT)(MEHAFFY)(STRAT PLAN) CCP# 13, 3/30 Mrs. Russell moved That the above item be the same and hereby is Received and Filed ADOPTED NO 37 APPT EXEC ASSIST TO COMPT FOR COMM & GOVERNMENTAL AFFAIRS (PERM)(MAX)(MCPHEARSON)(COMPT) COP# 17, 3/30 Mrs. Russell moved That the above item be the same and hereby is Received and Filed ADOPTED NO 38 APPT SUPERVISING ASSESSOR (PROV)(4 STEP)(KOZERSKI)(ASSESS) (CCP# 18, 3/30) Mrs. Russell moved That Communication of 18 of March 30, 2010, be received and Filed and that the Provisional appointment of Phillip Kozerski, 158 Barnard St, Buffalo, NY, 14206 at the fourth step of $59,025.00 is hereby approved. PASSED AYES -9 NOES -0 NO 39 APPT ENGINEERING INSPECTOR (PERM)(INTER)(BORTON)(PW) (CCP# 24, 3/30) Mrs. Russell moved That Communication of 24 of March 30, 2010, be received and Filed and that the Permanent appointment of William Borton, 37 Winter St, St, Buffalo, NY, 14213 at the Intermediate Salary of $ 42,032.00 is hereby approved. PASSED AYES -9 NOES -0 NO 40 APPT ENGINEERING INSPECTOR (TEMP)(INTER)(PECORO)(PW) (CCP# 25, 3/30) Mrs. Russell moved That Communication of 25 of March 30, 2010, be received and Filed and that the Temporary appointment of Phillip M. Pecoraro, 67 Brinton St, St, Buffalo, NY, 14214 at the Intermediate Salary of $ 42,032.00 is hereby approved. PASSED AYES -9 NOES -0 NO 41 APPT ENGINEERING INSPECTOR (PERM)(3RD)(SCHMARDER)(PW) (CCP# 26, 3/30) Mrs. Russell moved That Communication of 25 of March 30, 2010, be received and Filed and that the Permanent appointment of Robert W. Schmarder, 51 Cheltenham Dr., Buffalo, NY, 14216 at the Intermediate Salary of $ 44,057.00 is hereby approved. PASSED AYES -9 NOES -0 NO 42 APPT LABORER II(PERM)(3 STEP)(SCHROEDER)(PW) (CCP# 27, 3/30) Mrs. Russell moved That Communication of 27 of March 30, 2010, be received and Filed and that the Permanent appointment of Michael F. Schroeder, 98 Coolidge Road, Buffalo, NY 14216 at the Intermediate Salary of $29,977.00 is hereby approved. PASSED AYES -9 NOES -0 NO 43 APPT SENIOR ENGINEER(PERM)(INTER)(E. SCHMARDER)(PW) (COP# 28, 3/30) Mrs. Russell moved That Communication of 28 of March 30, 2010, be received and Filed and that the Permanent appointment of Eric D. Schmarder, 46 Camden Avenue, Buffalo, NY 14216 at the Intermediate Salary of $ 58,339.00 is hereby approved. PASSED AYES -9 NOES -0 NO 44 APPT SENIOR ENGINEER (PROV)(MAX)(HOFFERT)(PW) (CCP# 29, 3/30) Mrs. Russell moved That Communication of 29 of March 30, 2010, be received and Filed and that the Provisional appointment of Michael Hoffert, 55 Coburg, Buffalo, NY 14216 at the Maximum Salary of $ 62428.00 is hereby approved. PASSED AYES -9 NOES -0 NO 45 APPT CONTRACT & SPECIFICATION CLERK(PROV)OVIAX)(KIRKER)(A &F) (CCP# 42, 3/30) Mrs. Russell moved That Communication of 42 of March 30, 2010, be received and Filed and that the Provisional appointment of Heidi Kirker, 351 Potters Road, Buffalo, NY 14220 at the Maximum Salary of $ 40,436.00 is hereby approved. PASSED AYES -9 NOES -0 NO 46 NOTICES OF APPOINTMENTS TEMP /PROV /PERM CCP# 48, 3/30 Mrs. Russell moved That the above item be the same and hereby is Received and Filed ADOPTED FINANCE (MICHAEL P, KEARNS, CHAIRMAN) NO 47 INCREASE IN CONTRACT #93000531 (ITEM NO. 23, C.C.P., MAR. 30, 2010) That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue a change order to Lardon Construction Contract #93000531, an increase in the amount of $1,400.00, as more fully described in the above communication, for work relating to Waste Material. Funds for this project are available in 52002606- 442100. PASSED AYES -9 NOES -0 NO 48 ACCEPTANCE OF $34,940 GRANT BY THE GOVERNOR'S TRAFFIC SAFETY COMMITTEE (ITEM NO. 43, C.C.P., MAR. 30, 2010) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Kearns moved: That the Commissioner of Community Services and Recreational Programming be, and she hereby is authorized on behalf of the City to accept the grant through the State Department of Motor Vehicles in that amount of $34,940 for the facilitation and, implementation of a Bicycle Safety Training and Helmet Distribution Program on the condition that a list of distribution sites be provided to each Councilmanic District Office before distribution begins. PASSED AYES -9 NOES -0 NO 49 M. KEARNS- HOUSING VIOLATION LICENSE APPLICATION AFFIDAVIT CCP# 64, 3/30 Mr. Kearns moved That the above item be the same and hereby is Received and Filed ADOPTED NO 60 BUDGET AND PERSONNEL AMENDMENT 66- DEPARTMENT OF PUBLIC WORKS, PARKS & STREETS (ITEM NO. 129, C.C.P., MAR. 30, 2010) That the Budget and Personnel Amendment as contained in Item No. 129, C.C.P., March 30, 2010 be and the same hereby is approved. PASSED AYES -9 NOES -0 NO 61 INCREASED APPROPRIATION - POLICE DEPARTMENT (ITEM NO. 120, C.C.P., MAR. 30, 2010) That the Comptroller be, and he hereby is authorized and directed to transfer the sum of $32,490 from Police Grant Reimbursement to meet the increased appropriation to Department of Police as set forth in the above communication. PASSED AYES -9 NOES -0 COMMUNITY DEVELOPMENT (MICHAEL J. LOCURTO, CHAIRMAN) NO 62 APPROVAL TO TRANSFER ONE HOME SYCAMORE VILLAGE SUB -246 MORTIMER (HRG 4 /13)(ELL) Transfer 245 Mortimer- Sycamore Village Subdivision # 80, 03/30/2010 Mr. LoCurto moved: That the above item be returned to the Common Council without recommendation. Michael LoCurto, Chairperson, Community Development A public hearing has been set, before the Common Council, at this regularly scheduled meeting, on the above item, and a Notice of Same has been published in the Buffalo News, a copy of which is attached hereto. On a motion by Mr. Fontana, seconded by Mr. Kearns, the item is properly before the Common Council, and the hearing is opened. CARRIED. Appearances - Francisco Guzman Mr. Fontana now moved that the hearing be closed. Seconded by Mr. Kearns CARRIED Mr. Fontana now moved approval of said item. Seconded by Mr. Kearns Transfer 245 Mortimer - Sycamore Village Subdivision (Item No. 80, C.C.P., Mar. 30, 2010) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. LoCurto Moved: That the offer from Ronette Nevine, in the sum of One Hundred and Fifty Thousand Dollars ($150,000.00) for the purchase of Lot 11,245 Mortimer in the Sycamore Village Subdivision, be and hereby is accepted; and That the Mayor, Chairman, Vice - Chairman or any duly authorized officer of Buffalo Urban Renewal Agency be authorized to prepare the necessary documents for the transfer of title and land, is subject to the approval of Agency Lead Counsel and to execute the same. PASSED AYES -9 NOES -0 NO 63 TRANSFER 246 MORTIMER - SYCAMORE VILLAGE SUBDIVISION (ITEM NO. 44, C.C.P., MAR. 30, 2010) 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 herby received and filed. ADOPTED NO 64 REPORT OF SALE - 276 CHELESA (ITEM NO. 4, C.C.P., MAR. 30, 2010) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. LoCurto moved: That the above item be recommitted to the Committee on Community Development ADOPTED NO 66 REPORT OF SALE - 42 COLORADO (ITEM NO. 6, C.C.P., MAR. 30, 2010) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. LoCurto moved: That the above item be recommitted to the Committee on Community Development ADOPTED NO 66 REPORT OF SALE - 14 KEHR (ITEM NO. 7, C.C.P., MAR. 30, 2010) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. LoCurto moved: That the above item be recommitted to the Committee on Community Development ADOPTED LEGISLATION (JOSEPH GOLOMBEK JR., CHAIRMAN) NO 57 A. GEORGIADIS, PETITION TO USE 1081 ELMWOOD - SIDEWALK PATIO (ITEM NO. 56, C.C.P., MAR. 30, 2010) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Golombek moved: That after the public hearing before the Committee on Legislation on April 6, 2010, the petition of A. Georgiadis, owner, for permission to use 1051 Elmwood Avenue for a sidewalk patio in the front of a 2 story masonry and frame sit -in restaurant be, and hereby is approved. PASSED AYES — Fontana, Golombek, Haynes, Kearns, LoCurto, Rivera, Russell, Smith 8 NOES — Franczyk 1 NO 58 S. AL KARAAWI, PETITION TO USE 1201 HERTEL FOR A RESTAURANT (ITEM NO. 57, C.C.P., MAR. 30, 2010) That after the public heating before the Committee on Legislation on April 6, 2010, the petition of S. Al Karaawi, owner, for permission to use 1201 Hertel Avenue for a restaurant be, and hereby is approved. PASSED AYES -9 NOES -0 NO 59 D. HALL, PETITION TO USE 326 AMHERST STREET - TO EXPAND AN EXISTING RESTAURANT (ITEM NO. 52, C.C.P., FEB. 16, 2010)(ITEM NO. 72, C.C.P., MAR. 30, 2010) 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 60 ORDINANACE AMENDMENT - DOMESTIC PARTNERSHIP BENEFITS (# 101,2/2)( #61,2/16)( #62,3/2) That the above item be the same and hereby is Received and Filed. ADOPTED NO 61 P. FAYUSHTEYN, PETITION TO USE 1225 HERTEL FOR A LED BILLBOARD SIGN (ITEM NO. 44, C.C.P., FEB. 2, 2010) That the above item be, and the same hereby is, reamed to the Common Council without recommendation. Mr. Golombek moved: That the above item be recommitted to the Committee on Legislation ADOPTED RESOLUTIONS NO 62 BY: MR. GOLOMBEK CREATION OF A SPECIAL ZONING DISTRICT - "THE PAN AMERICAN DISTIRCT" — GREAT ARROW AVENUE TO THE SCAJAQUADA EXPRESSWAY BETWEEN DELAWARE AVENUS AND ELMWOOD Whereas: From time to time the unique characteristics of a particular area or areas of the City of Buffalo require the creation of a special zoning district; and Whereas: The Common Council has from time to time created these districts to preserve and stabilize areas of the city and to maintain and improve the unique characteristics of residential and commercial neighborhoods; and Whereas: The area bordered by Great Arrow Avenue and the Scajaquada Expressway, between Delaware Avenue to Elmwood would benefit from site plan and review legislation; and Whereas: The Common Council believes the creation of the Pan American Exposition District will aid and strengthen the stability and continued viability of this area as a sound residential, commercial and cultural area of the City of Buffalo; and Whereas: The Common Council believes this area will benefit from site plan and review legislation; and Whereas: The Common Council also believes that this area will also benefit from additional legislation that will restrict certain uses and that future development shall be controlled by the creation of a special zoning district; Now, Therefore be it Resolved: That the Common Council of the City of Buffalo directs the City Planning Board and its staff work with the Corporation Counsel's office to draft zoning legislation which would aid in the preservation and improvement of this area. ADOPTED NO 63 BY: MR. GOLOMBEK SUPPORT OF BLACK ROCK RIVERSIDE GOOD NEIGHBOR PLANNING ALLIANCE APPLICATION FOR NYS MAIN STREET GRANT Whereas: The City of Buffalo has empowered its citizens to have a say in the development of their neighborhoods through Good Neighbor Planning Alliances; and Whereas: The State of New York has available grants thorough its Main Street Program that can be used to revitalize neighborhood business districts; and Whereas: The Black Rock - Riverside Good Neighbor Planning Alliance has created a vision for both the Tonawanda Street Business District and the Niagara Street Business District; and Whereas: The potential spin off from this vision of redevelopment within the surrounding neighborhoods and other City of Buffalo neighborhood business districts is significant, Whereas: The Black Rock - Riverside Good Neighbor Planning Alliance will submit an application to the New York State Main Street Program seeking grant money to help this vision come to fruition. Be It Resolved: That the Common Council does support the vision of the Black Rock - Riverside Good Neighbor Planning Alliance has to revitalize both the Tonawanda Street and Niagara Street Business Districts. Be It Further Resolved: That the Common Council supports the Black Rock - Riverside Good Neighbor Planning Alliance grant proposal that will be submitted to the New York State Main Street Program. ADOPTED NO 64 BY: CURTIS HAYNES, JR. BUFFALO PLACE INC. NEW YORK MAIN STREET PROGRAM APPLICATION WHEREAS, The New York State Main Street Program provides financial resources to Business Improvement Districts to strengthen the economic vitality of traditional New York State Main Streets and neighborhoods; and WHEREAS, Buffalo Place Inc. is a not - for - profit corporation dedicated to improving the economic health and quality of life in downtown Buffalo, and the 24 -block Buffalo Place business improvement district in the downtown Main Street corridor, and WHEREAS, Buffalo Place Inc., was awarded a New York Main Street grant in 2006 and successfully assisted properties in renovating facades and interiors of buildings in the 500 Block of Main Street; and WHEREAS, Buffalo Place will submit a New York Main Street Program grant application focusing on rejuvenating the historic Theatre District, including Main and Pearl Streets between Tupper and Chippewa Streets, and the adjacent Electric Tower block; and WHEREAS, A New York Main Street Program grant in the Theatre District would maximize expected development opportunities for long vacant and under utilized properties adjacent to the Cars Sharing Main Street and the upcoming two -way conversion of Pearl Street projects; and WHEREAS, A New York Main Street Program grant in the Theatre District is consistent with the goals of the award winning Queen City Hub Strategic Plan for Downtown Buffalo for increased building occupancy, growth of a downtown residential neighborhood and 24/7 activity; and WHEREAS, Gap financing from sources such as the New York Main Street Program has been essential to making downtown renovation projects economically feasible. NOW, THEREFORE, BE IT RESOLVED THAT, The Common Council of the City of Buffalo enthusiastically endorses the Buffalo Place Inc. Theatre District New York Main Street Program and Buffalo Place Inc.'s application for a New York Main Street Program Grant and calls upon the State of New York to give every consideration to funding this very worthy submission to the New York Main Street Program. ADOPTED NO 66 SPONSOR: MR. HAYNES APPOINT SENIOR LEGISLATIVE ASSISTANT Whereas: I hereby appoint Chandra L. Davis, residing at 185 Walnut Avenue, Buffalo, New York, 14204, to the position of Senior Legislative Assistant to the Ellicott District Council Office; and Whereas: The effective date for said appointment shall be April 12, 2010; Now, Therefore be it Resolved That: Chandra L. Davis, residing at 185 Walnut Avenue, Buffalo, New York, 14204, is hereby appointed as a Senior Legislative Assistant to the Ellicott District Council Office, effective April 12, 2010. ADOPTED 0 1 lox*l SPONSOR: MIKE LOCURTO PERMISSION TO HANG "THE HELLENIC FESTIVAL" BANNER. Whereas: The Greek Orthodox Church is celebrating its Annual "Hellenic Festival "; and Whereas: Representatives from the Greek Orthodox Church of the Annunciation have requested permission to utilize two trees to hang the banner across Delaware Avenue in front of the Greek Orthodox Church of the Annunciation, located at 146 West Utica from Saturday, May 1, 2010 through Monday June 7, 2010 in celebration of this event; and Whereas: The Greek Orthodox Church of the Annunciation representatives are familiar with the banner requirements and will purchase the necessary bond before the banner is installed; Now Therefore Be It Resolved: That the Common Council does hereby grant permission to the Greek Orthodox Church of the Annunciation to hang a banner celebrating their Annual Hellenic Festival on Delaware Avenue in front of the Greek Orthodox Church of the Annunciation, located at 146 West Utica from May 1, 2010 through June 7, 2010, providing the banner meets the requirements of all pertinent City Departments and ensures that no existing laws or ordinances are violated. ADOPTED 0 [oI31 BY: DAVID RIVERA PEOPLE UNITED FOR SUSTAINABLE HOUSING (PUSH) APPLICATION TO THE NEW YORK STATE OFFICE OF COMMUNITY RENEWAL MAIN STREET PROGRAM WHEREAS, the State of New York Office of Community Renewal, on behalf of the New York State Housing Trust Fund, has released its 2010 Funding Round for its New York Main Street Program, which supports community revitalization through commercial and residential building renovations, downtown anchor projects, and related streetscape enhancements; and, WHEREAS, if awarded pursuant to its application, the New York Main Street Program would fund PUSH up to $500,000 to enhance the streetscape and physically improve commercial and residential units on Grant Street between West Ferry and West Delavan; and, WHEREAS, under the New York Main Street program, PUSH also proposes to act as Local Program Administrator for a competitive Request for Proposals process to fund the streetscape and building improvements within the identified target area; and, WHEREAS, the identified target area is home to many successful businesses such as Guercio Foods, Lorigo Restaurant Supplies, and, more recently, Sweetness -7 Caf6, it is clear that Grant Street commercial and housing stock has suffered consistent physical deterioration over the past 30 years; and, WHEREAS, PUSH has identified West Side physical community revitalization and improved quality of life for West Side residents among its chief priorities as a public charity under Section 501(c)(3) of the Internal Revenue Code; and, WHEREAS, the City of Buffalo has worked successfully with PUSH to revitalize other residential properties on Buffalo's West Side. NOW, THEREFORE, BE IT RESOLVED, that the Common Council of the City of Buffalo strongly supports PUSH's New York Main Street program application on the basis that, if funded, it will leverage significant financial support to combat community deterioration on Buffalo's West Side and improve the quality of life for City of Buffalo residents. AND BE IT FURTHER RESOLVED, that a certified copy of this resolution be sent to PUSH Executive Director Aaron Bartley at 271 Grant Street, Buffalo NY 14213 immediately upon passage. ADPOTED NO 68 BY: MS. RUSSELL BUDGET AND PERSONNEL AMENDMENT 20 - POLICE 1121 - ADMINISTRATION & COMMUNICATION 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 20 - Police, 1121 - Administration & Communication which currently reads: 5 Camera Monitor $28,164 - $31,989 Is hereby amended to read: 10 Camera Monitor $28,164 - $31,989 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 DANIEL DERENDA, POLICE COMMISSIONER AND DONNA J. ESTRICH, DIRECTOR OF BUDGET, ADMINISTRATION AND FINANCE, hereby certify that the above change is necessary for the proper conduct, administration and performance of essential services of that department. We recommend that the compensation for said position be fixed at the respective amount set forth in the foregoing ordinance. PASSED AYES -9 NOES -0 NO 69 BY MR. SMITH FELICITATIONS /IN MEMORIAM Attached hereto are Felicitation and In Memoriam Resolutions sponsored by Members of the Common Council as indicated: In Memoriam for Constance Laverne Snell By Councilmember Smith, Russell ADOPTED NO 70 BY: DEMONE A SMITH APPOINTMENTS COMMISSIONERS OF DEEDS REQUIRED FOR THE PROPER PERFORMANCE OF PUBLIC DUTIES That the following person(s) are hereby appointed as Commissioner of Deeds for the term ending December 31, 2010, conditional upon the persons so appointed certifying under oath to their qualifications and filing same with the City of Buffalo • Richard G. Wirkowski • Jeanne M. Ping • Elizabeth Schumer • Nicholas J. Dhimitri • Janet M. Arnold • Karen A. Peck • Hassan Farah • Chandra L. Davis • Thema Harbin • Lerone Abrams • Celia J. Quintana • Darien J. Pratchett TOTAL 12 ADOPTED NO 71 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. Reaular Committees Committee on Civil Service Tuesday, April 20, 2010 at 9:45 o'clock A.M. Committee on Finance following Civil Service Tuesday, April 20, 2010 at 10:00 o'clock A.M. Committee on Comm. Dev. Tuesday, April 20, 2010 at 1:00 o'clock P.M. Committee on Legislation Tuesday, April 20, 2010 at 2:00 o'clock P.M. Special Committee Meetinas Special Committee on Monday, April 19, 2010 at 11:00 o'clock A.M. Waterfront Development In the Council Chambers (Public Disclaimer): All meetinas are subiect to chanae and cancellation by the respective Chairmen of Council Committees. In the event that there is sufficient time aiven for notification. it will be provided. In addition. there may be meetina set uD wherebv the Citv 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. 0 1 150 W4 ADJOURNMENT On a motion by Mr. Fontana, Seconded by Mr. Golombek, the Council adjourned at 2:38 P.M. WILMER OLIVENCIA, JR DEPUTY CITY CLERK SPECIAL SESSION April 9, 2010 3:00 PM 1. Call for Special Session R &F 2. Ordinance Amendment -Ch 175 Fees -Parks (res# 126, 3/30) APP 3. Adjournment ADOPT CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL — BUFFALO SPECIAL SESSION FRIDAY, APRIL 9, 2010 AT 3:00 PM Present — David A. Franczyk, President of the Council, and Councilmembers: Fontana, Golombek, Haynes, Kearns, LoCurto, Rivera, & Smith — 8 Absent — Councilmember Russell - 1 No 1 DAVID A. FRANCZYK PRESIDENT OF THE BUFFALO COMMON COUNCIL 65 NIAGARA SQUARE 1315 CITY HALL BUFFALO, NY 14202 -3318 (716) 851 -4138 FAX: (716) 851 -4869 E -mail: drranczyk@dty-bmffaio.com City of Buffalo Website: www.city- buffalo.com April 7, 2010 Mr. Wilmer Olivencia, Jr Deputy City Clerk 1308 City Hall Buffalo, New York Dear Mr. Olivencia: Pursuant to Section 3.9 of the Charter of the City of Buffalo, upon the written request of Five Councilmembers, dated April 7, 2010 presented to you herewith, I hereby call a Special Meeting of the Common Council, to be held in the Council Chambers, City Hall, Buffalo, New York, on April 9, 2010 at 3:00 PM. for the following purposes: To receive and take appropriate action on: All Items Relating To 1. Ordinance Amendment -Ch 175 Fees -Parks Yours very truly, David A. Franczyk President of the Council April 7, 2010 TO EACH MEMBER OF THE COMMON COUNCIL: YOU ARE HEREBY NOTIFIED that, pursuant to Section 3.9 of the Charter of the City of Buffalo, upon the written request of Five Councilmembers, dated April 7, 2010, DAVID A. FRANCZYK, President of the Common Council, has called a Special Meeting of the Common Council, to be held in the Council Chambers, City Hall, Buffalo, New York, on Friday, April 9, 2010 at 3:00 PM. for the following purpose: To receive and take appropriate action on all items relating to 1. Ordinance Amendment -Ch 175 Fees -Parks Yours very truly, Wilmer Olivencia, Jr. Deputy City Clerk Hon. David A. Franczyk President Common Council 1315 City Hall Buffalo, New York Dear Sir: April 7, 2010 WE, the undersigned, members of the Common Council, hereby request that you call a Special Meeting of the Common Council, pursuant to Section 3.9 of the Charter of the City of Buffalo, for the following purpose: To receive and take appropriate action on All items pertaining to 1. Ordinance Amendment -Ch 175 Fees -Parks We request that this Special Meeting be held on April 9, 2010 at 3:00 PM David A. Franczyk Michael J. LoCurto Curtis Haynes, Jr. Michael P. Kearns David A. Rivera Pursuant to Rule 2 of the Rules of Order of the Common Council of the City of Buffalo, each of the following named members of the Common Council, to wit: RICHARD FONTANA MICHAEL LOCURTO JOSEPH GOLOMBEK DAVID A. RIVERA CURTIS HAYNES BONNIE E. RUSSELL MICHAEL P. KEARNS DEMONE SMITH hereby states that he /she received twenty -four (24) hours' notice of the time and purpose of the Special Meeting of the Common Council duly called to be held on April 9, 2010 at 3:00 PM. Richard Fontana Michael J LoCurto Joseph Golombek Curtis Haynes Jr David A. Rivera Michael P Kearns Bonnie E. Russell Demone Smith STATE OF NEW YORK COUNTY OF ERIE) ss: CITY OF BUFFALO) On this 7 th Day of April 2010 sworn before me, the subscribers, personally appeared To me known to be the same persons described in and who executed the foregoing instrument, and they duly and severally acknowledged to me that they executed the same. Wilmer Olivencia Jr. Commissioner of Deeds, in and for the City of Buffalo, N.Y. My Commission expires 12/31 /10 BY: MR. LOCURTO; MR. FRANCZYK; NO2 ORDINANCE AMENDMENT CHAPTER 175. FEES The Common Council of the City of Buffalo does hereby ordain as follows: That Chapter 175 of the Code of the City of Buffalo be amended to read as follows: § 175 -1. Enumeration of Fees The following schedule of fees is hereby established with respect to licenses, permits and activities required or regulated under the provisions of various chapters of the Code of the City of Buffalo. Applications for and the issuance of such licenses and permits shall be subject to the provisions of the specific chapter of the Code which is indicated for each type of license or permit. The business, activity or operation for which the license or permit is required shall be subject to all regulations set forth in the chapter to which reference is made. These fees may be adopted or revised by the Common Council from time to time. Code Chapter Section, Type of Application, Permit or License Fee Chapter 309 Parks and Other Open Spaces (Last Amended 4 -1- 2003, effective 4 -9 -2003) § 309- 28,Use of facilities With the exception of designated private ice time at skating rinks, City of Buffalo handicapped persons (classified as such by the United States Department of Health, Education and Welfare) may use any of the hereinafter mentioned recreational facilities free of all charges and fees. Seasonal fee for South Park, Cazenovia and Delaware Golf Courses Senior citizens with City Identification Cards, Monday to Friday Senior Citizens ( Sundav throuah Saturdav) Youths under 16 with City identification cards, Monday to Friday City Resident GOLF COURSES [$160.00] $185.00 [$80.00] $90.00 150.00 [$80.00] $150.00 for 7 -dav Junior Program (12:00 noon to [$60.00] $75.00 Closing, July to August only) Daily fee for South Park, Cazenovia and Delaware Golf Course (each) 18 holes on Saturday, Sunday [$12.00] $16.00 or holiday Seniors and youths under 16 on [$8.00] $13.00 Saturday, Sunday or holiday Non -City Resident [$285.00] $250.00 [$250.00] $N /A 200.00 $160.00 [$125.00] $100.00 [$18.00] $17.00 $14.00 18 holes on other days [$9.00] $13.00 $14.00 Seniors and youths under 16 on [$7.00] $11.00 [$13.00] $12.00 Regular weekdays Twilight rate (starts after 6:00 [$7.00] $8.00 $9.00 P.M.) Reserve tee time, per reserved [$50.00] $55.00 [$50.00] $55.00 Hour New York State access pass [Free] $90.00 [Applicable rate] $90.00 9 Hole Rate Mon. - Fri. $10.00 $11.00 9 Hole Rate Sat. - Sun. $12.00 $13.00 DUPLICATE PERMITS Each Permit $5.00 $10.00 BOAT TRAILER LAUNCHING PERMITS Seasonal $25.00 $50.00 ICE SKATING Youths under 18 and seniors $1.00 $3.00 18 years and over $2.00 $3.00 Designated private ice time: Indoor Rink: All groups other than $110.00 $180.00 Developmental league, per hour Developmental league, $80.00 $200.00 (including Explorer League, Timon and Canisius High School), per hour Nonresident participating $60.00 With resident or Developmental league or High school, per Individual /per season Skating lessons, per session $12.00 $20.00 INDOOR NATATORIUM Daily sessions City of Buffalo residents with Identification cards Under 18 years and seniors $1.00 $3.00 18 years and over $2.00 $3.00 July and August Under 18 years and Seniors $2.50 18 years and over $2.50 Seasonal Under 18 and seniors $50.00 $150.00 (with City identification cards) 18 ears and older $100.00 $150.00 (with City identification cards) Designated private swimming time Half pool rental per arouD Per hour $30.00 $40.00 Per Day $200.00 $300.00 Exclusive use of pool Per hour $40.00 $60.00 Per day $300.00 $400.00 Swimming lessons, per session Issued to City residents with Valid proof of residence, each Special events Seasonal events LaSalle Pavilion Parkside Lodge Rental of Parkside lodae -4 Hours includes attendant Marcy Casino Rental: Non -Peak. November 1 -Mav 14 Terrace Room. Mon - Thurs. Pan -Am Room. Mon -Thurs Entire Facilitv. Mon -Thurs Terrace Room. Sundav Pan -Am Room. Sundav Entire Facilitv. Sundav Terrace Room. Fridav Pan -Am Room. Fridav Entire Facility, Friday Terrace Room. Saturdav Pan -Am Room. Saturdav Entire Facilitv. Saturdav Marcy Casino Rental, Peak, May 15 - October 31: Terrace Room. Mon - Thurs. Pan -Am Room. Mon -Thurs Entire Facilitv. Mon -Thurs Terrace Room. Sundav Pan -Am Room. Sundav Entire Facilitv. Sundav Terrace Room. Fridav Pan -Am Room. Fridav Entire Facility, Friday Terrace Room. Saturdav Pan -Am Room. Saturdav Entire Facilitv. Saturdav Cazenovia Casino Rental $15.00 CITY IDENTIFICATION CARDS $3.00 .lal�- � :�a►rra� $200.00 $500.00 $250.00 [$125.00] $0.00 185.00 [$125.00] 50.00 75.00 100.00 75.00 100.00 150.00 600.00 800.00 700.00 900.00 $ 1,350.00 $1,200.00 75.00 100.00 150.00 100.00 125.00 175.00 $ 1,000.00 $ 1,200.00 $1,800.00 $ 1,200.00 $ 1,500.00 $ 1,350.00 Rental of Cazenovia Casino -4 $185.00 Hours includes attendant Rose Garden. Ceremonv $150.00 Rose Garden. Photos $50.00 Bucks and Platforms Japanese Garden [$35.00] Japanese Garden. Ceremonv $125.00 Japanese Garden. Photos $50.00 Picnic Area by Parkside Lodae $125.00 for 4 hours Croauet Area by Parkside $25.00 Der hour Lodge Park Permit $25.00 Park Shelter Permit $25.00 Wedding receptions [$100.00] $0.00 Wedding ceremony in park [$35.00] $0.00 Room in a City facility (excluding block clubs) $25.00 APPROVED AS TO FORM Asst. Corporation Counsel Rose Garden $30.00 $200.00 $500.00 $250.00 [$125.00] $0.00 185.00 [$125.00] 50.00 75.00 100.00 75.00 100.00 150.00 600.00 800.00 700.00 900.00 $ 1,350.00 $1,200.00 75.00 100.00 150.00 100.00 125.00 175.00 $ 1,000.00 $ 1,200.00 $1,800.00 $ 1,200.00 $ 1,500.00 $ 1,350.00 185.00 150.00 50.00 [$35.00] 125.00 50.00 $125.00 for 4 hours $25.00 Der hour $25.00 $25.00 [$100.00] $0.00 [$35.00] $0.00 $25.00 NOTE: Matter underlined is new, Matter in brackets is to be deleted. REFERRED TO THE COMMITTEE ON FINANCE AYES - Franczyk, Golombek, Haynes, LoCurto, Rivera 5 NOES - Fontana, Kearns, Smith 3 NO3 ADJOURNMENT On a Motion by Mr. Fontana Seconded by Mr. Rivera The Council adjourned at 3:20 PM Wilmer Olivencia, Jr Deputy City Clerk