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10-0511 (2)
NO. 10 PROCEEDINGS OF THE CITY OF BUFFALO MAY 11, 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, MAY 11, 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 April 27, 2010 were approved. INVOCATION PLEDGE TO FLAG DATE Mav 11. 2010 MAYOR 1. Appoint Garnell Whitfield Jr. as Commissioner of Fire LEG 2. Fiscal Year 2010 -2011 Budget Overview BUDGET,COMPT 3. Revised Amendatory Agmt -Bflo Olmsted Parks Consery and Living Wage Exemption APP MAYOR - EXECUTIVE 4. Cit Serv- Submission of Monthly Report -April 2010 R &F 5. Plan Bd -Neg Declaration 326 Amherst St(North) R &F 6. Plan Bd -Neg Declaration 363 E. Ferry(Mas) R &F 7. Plan Bd -Neg Declaration 263 Michigan Ave(Ell) R &F 8. Strat Plan -Grant Funding Acceptance /Proc /Util /Contract App - Housing Corp FIN,COMPT 9. Strat Plan- Request for Grant Agmt Approval -Bflo River Greenway FIN,COMPT 10. Strat Plan- Report of Sale -166 Bennett(Ell) APP 11. Strat Plan- Report of Sale -312 Watson(Ell) APP 12. Strat Plan- Rescind Sale & Forfeit Deposit 1477 E. Delavan(Lov) APP 13. Strat Plan- Rescind Sale & Refund Deposit -83 Sussex(Mas) APP 14. Strat Plan- Transfer Title 186 Fourteenth St(Nia) APP COMPTROLLER 15. Cert of Nec- Transfer in Funds Common Council #8 R &F ---- - - -15A Cert of Nec- Increased Approp - General Citv WITHDRAWN 16. Cert of Nec- Increased Approp- Various R &F PUBLIC WORKS 17- 16A Allied Collection of Recyclable Materials APP 18- 16B Allied Material Processing of Recyclable Goods APP 19- 17. Change in Contract -City Court Janitorial(Ell) APP 20- 18. Change in Contract -City Court Renovation ($75,275.00)(EII) FIN 21- 19. Change in Contract -City Court Renovation ($107,613.84)(EII) APP 22- 20. Change in Contract -Main St Reconstruction (Un iv, Mas & Del) APP 23- 21. Encroachment Within ROW -484 Elmwood(Nia) APP 24- 21A Establish Account for to Accept Funds From BURA APP 25- 22. Extension of Time on Contract -MLK Jr Park(Mas) APP 26- 23. Perm to Hire Consultant -Bflo & EC Historical Society- Electrical(North) APP 27- 24. Perm to Hire Consultant -City Hall Fagade(EII) APP 28- 25. Perm to Increase Contract - Erdman Anthony Assoc(Univ,Del & Mas) APP 29- 26. Perm to Increase Contract - Wendel Duchscherer - Citywide APP 30- 27. Report of Bids - Autumnwood Senior Center(Lov) APP 31- 28. Report of Bids- Crackfilling of City Pavements 2010 APP 32- 29. Report of Bids - Resurfacing of City Streets -2010 APP 33- 30. Appt Deputy Comm of PW Parks & Streets for Parks & Recreation (Rabb)(Exempt) CS POLICE 34- 31. Approval to Purchase New Marked Police Vehicles APP 35- 32. Drug Asset Forfeiture Wire Transfers R &F PERMITS AND INSPECTIONS 36- 33. Food Store License (New) -127 Grant(Nia) LEG 37- 34. Food Store License (New) -188 Grant(Nia) LEG 38- 35. Food Store License (New) -900 Main(Nia) LEG 39- 36. Food Store License (New) -1027 Smith(Fill) LEG 40- 37. Food Store License -721 Tonawanda(North) APP 41- 38. Lodging House License -541 Walden(Fill) LEG 42- 39. Restaurant Dance License (Renewal) -120 Church(Ell) APP 43- 40. Second Han Dealer -1396 Hertel Ave(Del) LEG 44- 41. Used Car Dealer -1657 Broadway(Lov) APP COMMISSION OF CITIZEN RIGHTS AND COMMUNITY RELATIONS 45- 42. Annual Report- 2008 -2009 POL O/S BURA 46- 42A Approval to Waive Certain Conditions LDA Oak St Redev- Langston Hughes CD 47- 42B Negative Declaration- Langston Hughes Institute LDA Waiver CD CITY CLERK 48- 43. List of Approved Chicken Licenses R &F 49- 44. Liquor License Applications R &F 50- 45. Notices of Appointments - Council Interns ADOPT 51- 46 Notices of Appointment- Common Council Staff ADOPT 52- 47. Notices of Appointment - Seasonal R &F 53- 48. Notices of Appointments- Temp /Prov /Perm CS MISCELLANEOUS 54- 49. P. Brown - Request to Purchase Old Computer FIN,MIS 55- 50. Bflo Water Bd- Monthly Water Board Report April 2010 R &F 56- 51. Camiros - Sustainability Audits for Responsible Zonina CD 57- 52. Camiros -Info Land Use Planning and New Zoning Ordinances CD 58- 52A. Delinquent COB Occupancy Tax FIN 59- 53. LP Ciminelli -Bd Packet Documents April 2010 ED 60- 54. LP Ciminelli -Bd Packet Documents May 2010 ED 61- 55. C. Cooley- Corpus Christi RC Church - Request Handicap Pkg on Clark St LEG 62- 56. R. Davis -Req the COB to Donate Vacant Lot Btwn 207 Staton and 5. Com 32 Mar 16 Responses MMM Calling for A Moratorium on Hiring Bflo 181 Stanton LEG,RE 63- 57. S. Gawlik- Empire State Deve - General Proj Plan - Canalside Land Use R &F 84- Improv Proi CD 64- 58. K. Hapke- Request to Purchase Old Computer FIN,MIS 65- 59. J. Levy -Erie Canal Harbor Deve- Response to CM Golombek's Questions CD 66- 60. M. LoCurto -M. Kearns -Req Update on Status - Gaming Facilitv LEG 67- 61. Olmsted Pks Consery -HSBC Grant to Improve MLK Jr Park Neighborhood R &F 68- 62. Olmsted Pks Consery -Photo Opportunities R &F 69- 63. Olmsted Pks Consery - Public Meeting Re: Jesse Kregal Pathwasy Improv Proi R &F 70- 64. Olmsted Pks Consery -State of the Parks Address 2010 R &F 71- 65. M Romanowski - Kaleida Health- Petition to Amend Fruit Belt Urban Renewal Area Boundary LEG,CC,STRAT PLAN 72- 66. M. Shapiro- Shellaby- Response Development Projects CD 73- 67. Bflo Wtr Bd -Neg Declaration- Management of The Operation & Maintenance of The Bflo Wtr System R &F 74- 68. Bflo Wtr Bd -Res Management of the Operation and Maint. of The Bflo Wtr System Will Not Have a Adverse Impact on the Environ. ADOPT 75- 69. Bflo Wtr Bd -SEQR Short Environ Assmt Form - Management Bflo Wtr Sys R &F PETITIONS 76- 70. G. Hill, Agent, Use 1346 Kensington For A Take Out Restaurant (pub hrg 5 /18)(Univ) LEG,CPBD 77- 71. D. Silverstein, Owner, Use 220 Allen Alteration for Existing Rest. & Create Outdoor Cafe(pub hrg 5 /18)(EII) LEG,CPBD 78- 72. P. Fadale, Agent, Use 2303 Delaware for a Ground Sign (no pub hrg)(Del) LEG,CPBD RESOLUTIONS 98- 73. Golombek LL Intro #1- Amending Charter Ch 18 Bd of Commissions Relating to Bd of Parkina LEG 99- 74. Golombek LL Intro #2- Amending Charter in Relation to Dept of Human Resources LEG 100- 75. Golombek LL Intro #3- Amending Charter in Relation to Dept of Law LEG 101- 76. Golombek LL Intro #4- Amending Charter in Relation to Creation of Dept of Parkina LEG 102- 77. Golombek LL Intro #5- Amending Charter in Relation to Dept of EDPIS LEG 103- 78. Golombek Ordinance Amend -Ch 307, Parking and Parking Lots LEG 104- 78A Golombek,etc Move School Board Election to November ADOPT 105- 79. Haynes Perm to Conduct 11 Annual Allen West Festival ADOPT 106- 80. Haynes Perm to Conduct 52 Annual Allentown Art Festival ADOPT W /COND 107- 81. Haynes Langston Hughes Institute Req LDA Waiver CD 108- 82. Haynes Perm to Hang Banner on Light Post -160 Delaware APP 109- 82A Haynes Set Public Hearing Req to Waive Certain Conditions LDA Oak St Redev- Langston Hughes ADOPT 110- 82B Haynes Approval to Waive Certain Conditions LDA -Oak St Redev- Langston Hughes (hrg 5/25) CD 111- 83 Kearns Increased Approp- Various APP 112- 84. Kearns Transfer in Funds - Common Council #8 APP - - - -- 84A Kearns Increased Approp - General City WITHDRAWN 113- 84B Kearns Asking the President to Est a Whit House Office of Urban Affairs In COB ADOPT 114- 85. LoCurto,etc Perm to Hang Pride Flags on Elmwood Ave ADOPT 115- 86. Russell Budget and Personnel Amendment - Comptroller APP 116- 87. Smith Calling for The Creation of a Streets Coordinator LEG 117- 88. Smith HRM -An Act to Deem the Objects or Purposes Bonds Issued - Site Improvements All High Stadium ADOPT 118- 88A Smith HRM -Req NYS Leg to Amend Vehicle & Traffic Law in Relation to Directing The COB to Adjudicate Traffic Infractions ADOPT 119- 89. 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 5/19/09) SUBMISSION LIST OF COMMITTEE ITEMS FOR THE COUNCIL MEETINGS CIVIL SERVICE 79- 1. Com 30 April 27 Appt General Mechanic (Slomba)(Perm)(Interm)(PW) APP 80- 2. Com 31 April 27 Appt Supervisor of Rinks and Pools (Dziedzic)(Temp)(Interm)(PW) APP 81- 3. Com 44 April 27 Appt Sr. Special Asst to Comm of EDPIS(Eszak)(Exempt)(Max)(EDPI) R &F 82- 4. Com 53 April 27 Notices of Appointments- Temp /Prov /Perm(Cty Clk) R &F 83- 5. Com 32 Mar 16 Responses MMM Calling for A Moratorium on Hiring Bflo Fire Dept /Concerns Req Process of Becoming a Bflo Firefighter(HR) R &F 84- 6. No 58 Mar 2 MMM - Calling for a Moritorium on Hiring Bflo Fire Dept( #47,2/16) R &F 85- 7. No 59 Mar 2 MMM- Concerns Reg Process of Becoming a Buffalo Firefighter( #48,2/16) R &F FINANCE 86- 8. Com 1 ADril 27 Amendatory Aamt With Bflo Olmsted Pks Consery and Livina Waae EXemDtlon(Mavor) R &F COMMUNITY DEVELOPMENT 87- 9. Com 2 April 27 Contract with Camiros -Deve of Land Use Plans Citywide & New Zoning Ord (Mayor) APP 88- 10. Com 10 April 27 Holy Family Senior Housing Development PILOT(Strat Plan) APP 89- 11. Com 21 April 27 St. Martin Village PILOT 564 Dodge St(Strat Plan) APP 90- 12. No 43 Feb 2 A. Thompson -Metro Housing Protection Agency Proposal R &F 91- 13. No 74 Jan 19 D. Ponton- Response Buffalo State College Student Housing( #45,12/22) R &F 92- 14. Res 83 Dec 8 Buffalo State College Student Housing(except 1 sc & 2 " Res) R &F 93- 15. No 41 Mar 18 M. LoCurto- Casino Topics of Discussion R &F LEGISLATION 94- 16. Com 3 April 27 Designation of Nominees for Appt to the Bd of Trustees of Bflo & EC Library(Berger, Maglietto, Gonzalez) (Mayor) APP 95- 17. Com 25 April 27 Notification Serial #10548- 49(except #10552)(PW) R &F 96- 18. Res 102 April 27 Calling NYSDOT to Include a Multiway Blvd Option in Study to Cover Portions of Rte 33 R &F 97- 19. No 29 Mar 2 M. Giaquinto -Blue Cross Age 29 Law R &F FROM THE MAYOR NO. 1 APPOINT GARNELL WHITFIELD JR. COMMISSIONER OF FIRE In accordance with §14 -2 of the City Charter, I hereby appoint Gamell Whitfield Jr. Commissioner of Fire. Mr. Whitfield most recently served as Deputy Commissioner for Emergency Medical Services (EMS) in the Buffalo Fire Department. He is a 26 -year veteran of the Department, having previously served as Deputy Commissioner (2004 -2006) and Chief Fire Administrator from 1998 through 2004. As Chief Fire Administrator, he served as liaison between Civil Service and the New York State Police and Fire Retirement System. A front -line firefighter from 1984 through 1998, Mr. Whitfield has served at Engine -37, Engine -31 and Engine -33. Mr. Whitfield's extensive experience will allow him to hit the ground running, which is extremely important given the many fiscal, labor, and managerial issues confronting the Buffalo Fire Department at this time. I have every confidence Mr. Whitfield will lead the City of Buffalo Fire Department with distinction. I urge Your Honorable Body approve the confirmation of Mr. Whitfield at your earliest opportunity. REFERRED TO THE COMMITTEE ON LEGISLATION, NO. 2 FISCAL YEAR 2010 -2011 BUDGET OVERVIEW Item available for review in The City Clerks Office REFERRED TO THE COMMITTEE ON BUDGET AND THE COMPTROLLER NO. 3 REVISED AMENDATORY AGREEMENT WITH THE BUFFALO OLMSTED PARKS CONSERVANCY AND LIVING WAGE EXEMPTION The purpose of this communication is to submit a revised amendatory agreement, which incorporates into the amendatory agreement the terms of the Conservancy's Living Wage exemption as previously stated in Item 1 of the April 27, 2010 Common Council Proceeding. I am requesting that Your Honorable Body authorize the execution of the attached revised amendatory agreement subject to revision of non - essential terms by the City of Buffalo Law Department. In doing so, Your Honorable Body is granting an exemption to the Conservancy from the City's Living Wage Ordinance as permitted by City Charter and Code Section 96- 13(H)(1)(c). Mr. Fontana moved That the Mayor is hereby authorized to execute the attached revised amendatory agreement subject to revision of non essential terms by the City Law Department. The Council also grants an exemption to the Conservancy from the City's Living Wage Ordinance as permitted by City Charter and code 96- 13(H)(1)© PASSED AYES -9 NOES -0 FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE OFFICE OF CITIZEN SERVICES NO.4 SUBMISSION OF MONTHLY REPORT- APRIL 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 April 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. 6 NOTICE OF DETERMINATION OF NON- SIGNIFICANCE 326 AMHERST ST (NORTH) 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 Sportsman Tavern Location 326 Amherst St Type of Action: Unlisted - Uncoordinated Description: Dwane Hall, Owner of the Sportsman Tavern, located at 326 Amherst Street, Buffalo New York is proposing a permanent outside patio addition and other improvements to the existing tavern. The project includes a new addition to open up and renovate the second floor of the Tavern creating a balcony and viewing /mezzanine for additional seating capacity and the construction of a new exterior, second level steel deck to compliment the second floor alteration located at the front and side of the building. Public Works and Fire Department approval for this modification will be necessary. The Hall Family has owned the Tavern since 1985 and continues to live in the Black Rock community. Over the years the Sportsman Tavern has become well known for its music and has been an award winning venue. The project has received a 4000.00 dollar grant from the local Neighborhood Housing Services Office and is privately funded for the remaining balance of 81,000 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 and renovations will allow the Sportsman Tavern to continue to provide a first class and unique space for its regularly scheduled musical acts and visitors from around the country. 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. 6 NOTICE OF DETERMINATION OF NON- SIGNIFICANCE 363 E. FERRY (MAS) 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 Residential Townhouse's Location 363 East Ferry St Type of Action Uncoordinated Description: Rev. Arthur H. Boyd on behalf of Second Chance Ministries is proposing to construct two townhouses on the property located at 363 East Ferry Street. It is proposed the vacant parcel of land will be converted into (6) six townhouse apartments. The plan includes two separate structures that will include three residential units each. The construction will consists of a two story townhouse design, wood frame, and vinyl siding with architectural asphalt roofing shingles. It is expected that building construction will begin by June 2010 and be complete by January 15, 2011. A zoning variance has been approved by the City of Buffalo Zoning Board of Appeals for deficiency in Lot, Area and Yard Requirements (511 -14 (a) R2 district). The project will be privately funded with a budget of approximately 800,000 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 masons for this decision are as follows: the proposed construction of new townhouse's will bring new life to vacant lot that has been unproductive for many years. The identified potential negative impacts appear to be primarily short -term site preparation and construction related activities, and do not appear to be significant in magnitude or effect. There are no actions, which will have a significant adverse impact on the environment, For further information relative to this Negative Declaration, contact Mr. Martin Grunzweig, Land Use Controls Coordinator, Room 901 City Hall, Buffalo, New York 14202 - 716 851 -5085. RECEIVED AND FILED NO. 7 NOTICE OF DETERMINATION OF NON- SIGNIFICANCE 263 MICHIGAN AVE (ELL) This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (SEAR- State Environmental Quality Review) of the Environmental Conservation Law Lead Agency City of Buffalo Planning Board Room 901, City Hall 65 Niagara Square Buffalo New York 14202 As per the provisions of SEAR, the Lead Agency has reviewed the following action as it relates to the environment: Buffalo Transportation Museum Action Title Buffalo Transportation Museum Location 263 Michigan Avenue Type of Action: Unlisted - Coordinated Description: Mr. James Sandoro, owner of the Buffalo Transportation Museum proposes to expand the museum located at 263 Michigan Avenue Buffalo New York. The current Buffalo Transportation Museum is located in a one -story masonry building (Phase I rehabilitation completed in 2009). The proposed atrium addition (21,244 sq ft) is proposed to occur on the east side of the existing building. Other improvements planned at the museum site include pavements, curbing, striping, wheel stops, signage and new landscaping. It is anticipated that Phase II construction will begin during the summer of 2010 and last for approximately six months. The project will continue utilization of the various facade improvement materials that have been installed during the past year as part of Phase I of this project. The total cost of this project will be approximately 3.8 million dollars. As a result of this Environmental Review, the Lead Agency has determined the undertaking of this action will not constitute an action significantly affecting 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 follow: This expansion will allow a long time Buffalo museum to continue to remain strong and provide residents of the City of Buffalo, the surrounding towns and visitors from around the county and world an opportunity to enjoy a first class diverse automotive museum. The few negative impacts, which were identified, are positive but not significant in magnitude or effect. These are primarily short -term construction related impacts. 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 Hail, Buffalo New York 14202 716 851- 5085 RECEIVED AND FILED FROM THE OFFICE OF STRATEGIC PLANNING NO. 8 GRANTS FUNDING ACCEPTANCE PROCESSING UTILIZATION CONTRACT APPROVAL 1. $400,000 Affordable Housing Corporation Grant ( "AHC - 1 Grant ") for Housing Acquisition /Rehabilitation 2. $1,152,000 Affordable Housing Corporation Grant ( "AHC - 2 Grant ") for Home Improvement Program 3. $1,589,196 Neighborhood Stabilization Program Grant ( "NSP Grant ')for Housing Rehabilitation and Demolitions 4. Up to $220,000 Affordable Housing Corporation Grant as Partial "Match" for the NSP Grant ( "AHC- 3 /NSP Partial Match Grant ") The City of Buffalo through the joint efforts of (and application materials submitted by) OSP /BURA personnel has obtained grant funding commitments from the above grant funding sources in amounts of up to the above referenced levels. Grant funding agreements and related grant funding intake documentation /processing materials have been generated by the grant funding sources with the objective of the City's immediate grant funding utilization and related program implementation. Attached please find the each of the Grant Contracts listed above. The grant funding utilization will occur primarily in the "Neighborhood Revitalization Strategy Area" which encompasses the Hamlin Park, Cold Springs and Masten Park neighborhoods in the City of Buffalo. The work will include the rehabilitation of eighteen (18) vacant houses, forty -eight (48) owner occupied houses and the demolition of 35 structures. The Office of Strategic Planning is requesting that your Honorable Body hereby: Ratify and confirm the prior application materials submitted to obtain the above referenced grant funding commitments; Authorize the Mayor to execute the necessary grant funding agreements (in substantially the form attached hereto) and related documentation as shall be required or useful in facilitating the City of Buffalo's receipt and utilization of the grant funding; Authorize other City personnel to take all other steps and to enter into and execute such agreements and such further related project documentation and arrangements (including but not limited to an agreement or agreements between the City of Buffalo and the City of Buffalo Urban Renewal Agency "BURA" under which BURA would provide grant administration assistance as needed) as are appropriate and /or necessary to facilitate and implement the City's receipt and utilization of the grant funding as well as all related reporting, monitoring and follow -up functions associated with the grant funding. REFERRED TO THE COMMITTEE ON FINANCE AND THE COMPTROLLER NO. 9 REQUEST FOR GRANT AGREEMENT APPROVAL BUFFALO RIVER GREENWAY PHASE 1 BUFFALO RIVERFEST PARK The City of Buffalo has applied for and received a commitment for grant funding totaling $390,100.00 through the New York State Department of State Environmental Protection Fund LWRP Program for implementation of Phase 1 of the "Buffalo River Greenway" project (the "Project "). This funding represents half of the total project cost for Phase 1 of the Project. All other funding for Phase 1 of the Project has been secured. The Project is a collaborative effort involving partner organizations including the City of Buffalo Office of Strategic Planning, Buffalo Niagara Riverkeeper, Valley Community Association, and Buffalo River Fest LLC. The Project is a multi- component project to implement elements of the City's Draft Local Waterfront Revitalization Program (LWRP) through the development of the Buffalo River Fest Park located along the Buffalo River. A primary goal of the Project is to create a park that will encourage increased public use of the Buffalo River and to build upon other waterfront improvements currently underway. I am recommending that your Honorable Body authorize the Mayor on behalf of the City to enter into a Grant Agreement (in substantially the form attached hereto) with the New York Department of State for acceptance of said funding and that your Honorable Body further authorize the Mayor and appropriate staff to execute and process such additional documentation, which is satisfactory to the Corporation Counsel's office, as shall be necessary to facilitate the grant funding in a manner. REFERRED TO THE COMMITTEE ON FINANCE AND THE COMPTROLLER NO. 10 REPORT OF SALE 166 BENNETT, 310 - S BROADWAY LOT SIZE: 26'X 132' ASSESSED VALUATION: $1,400.00 (EILICOTT DISTRICT) The Office of Strategic Planning, Division of Real Estate has received a request from Ms. Cassandra F. Pompey, 172 Bennett Street, Buffalo, New York 14204 to purchase 166 Bennett. Ms. Pompey owns and resides at 172 Bennett, which is adjacent to 166 Bennett. She intends to use the vacant lot for additional green space. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. The Division of Real Estate has investigated the sale of similar lots in the subject area. Sales range from Forty Five Cents ($.45) to Seventy Cents ($70), per square foot. Ms. Pompey has agreed and is prepared to pay Two Thousand Five Hundred Dollars ($2,500.00), Seventy Cents ($70) per square foot for the subject property. She 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 166 Bennett to Ms. Cassandra Pompey in the amount of Two Thousand Five Hundred Dollars ($2,500.00). 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 May 3, 2010, be received and fled; and That the offer from Ms. Cassandra Pompey, residing at 172 Bennett Street, in the sum of Two Thousand and Five Hundred Dollars ($2,500.00) for the purchase of 166 Bennett Street, be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the 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. 11 REPORT OF SALE 312 WATSON, 180' N PECKHAM LOT SIZE: 30'X 107' ASSESSED VALUATION: $1,700.00 (ELLICOTT DISTRICT) The Office of Strategic Planning, Division of Real Estate has received a request from Ms. Ruby Lias, 316 Watson Street, Buffalo, New York 14212 to purchase 312 Watson. Ms. Lias owns and resides at 316 Watson, which is adjacent to 312 Watson. She intends to use the vacant lot for additional green space. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. The Division of Real Estate has investigated the sale of similar lots in the subject area. Sales range from Forty Cents ($.40) to Sixty Cents ($.60), per square foot. Ms. Lias has agreed and is prepared to pay One Thousand Six Hundred Dollars ($1,600.00), Fifty Cents ($.50) per square foot for the subject property. She 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 312 Watson to Ms. Ruby Lias 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 May 3, 2010, be received and filed; and That the offer from Ms. Ruby Lias, residing at 316 Watson Street, in the sum of One Thousand and Six Hundred Dollars ($1,600.00) for the purchase of 312 Watson Street, be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the 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. 12 RESCIND SALE & FORFEIT DEPOSIT 1477 EAST DELAVAN - MRS. KIMBERLY WILLIAMS ITEM # 5, C.C.P. DECEMBER 23, 2008 In the above referenced item Your Honorable Body approved the sale of 1477 East Delavan to Mrs. Kimberly Williams, 11 Winkler Road, Cheektowaga, New York 14225. Mrs. Williams agreed to pay Four Thousand Seven Hundred Dollars ($4,700.00), One Dollar and Twenty Five Cents ($1.25), per square foot. Several notices have been mailed to Mrs. Kimberly Williams to finalize the sale and close on the transfer of title for 1477 East Delavan. Final notice was sent on March 15, 2010 advising the Law Offices of Harvey F. Siegel that failure of Mrs. Williams to respond would result in the rescinding of the sale and forfeit deposit of Four Hundred Seventy Dollar ($470.00). The Law Office did contact our office on April 26, 2010 and advised this office that Mrs. Williams was no longer interested in the property. Therefore I am recommending that Your Honorable Body approve to rescind the sale of 1477 East Delavan to Mrs. Kimberly Williams, the deposit be forfeited and the property returned to our inventory for sale. Mr. Fontana moved That the communication from the Department of Strategic Planning, dated May 3, 2010, be received and filed; and That the Executive Director of Strategic Planning be, and he hereby is authorized to rescind the sale of 1477 East Delavan and the deposit of $470.00 down payment is forfeited by Mrs. Kimberly Williams, 11 Winkler Road, Cheektowaga and that the property be returned to the City's inventory for sale. PASSED AYES -9 NOES -0 NO. 13 RESCIND SALE & REFUND DEPOSIT 83 SUSSEX TO DEBBIE ALLEN ITEM #106, C.C.P. SEPTEMBER 1, 2009 In the above referenced item Your Honorable Body approved the sale of 83 Sussex to Ms. Debbie Allen, 80 Radcliffe Road, Buffalo, New York 14214. Prior to Common Council approval of the sale, the structure sustained additional damage not contemplated by the purchaser. The additional repair costs were not budgeted by the purchaser and the purchaser has requested return of her deposit. Therefore, I am recommending that Your Honorable Body approve rescinding the sale of 83 Sussex to Ms. Debbie Allen, return the deposit of Eight Hundred and Fifty Dollars ($850.00) and the property be returned to our inventory for sale. Mr. Fontana moved: That the communication from the Department of Strategic Planning, dated May 3, 2010, be received and filed; and That the Executive Director of Strategic Planning be, and he hereby is authorized to rescind the sale of 83 Sussex and the deposit of $850.00 down payment is to be returned to Ms. Debbie Allen, 80 Radcliffe Road, and that the property be returned to inventory for sale. PASSED AYES -9 NOES -0 NO. 14 TRANSFER TITLE 186 FOURTEENTH STREET The above referenced property was purchased in 2005 at tax foreclosure In Rem 39 Sale by Mr. Joseph Schantz of 184 Fourteenth Street. The deed from the foreclosure, which should have transferred ownership to Mr. Schantz, was prepared and filed in error. The deed transferred ownership in the name of a different purchaser as reported to the Department of Assessment via a deed from the In Rem 39 Sale. Mr. Schantz and the Department of Assessment were unaware of this error. Consequently no tax bills or delinquent tax notices were sent to Mr. Schantz. Subsequently, due to unpaid taxes and other fees the vacant lot at 186 Fourteenth Street was foreclosed again in 2009 at In Rem 43 Sale and struck to the City of Buffalo. Mr. Schantz upon learning of the pending In Rem 43 foreclosure sale of 186 Fourteenth contacted the Department of Assessment. It was then that the recording error from In Rem 39 was discovered. The Commissioner of Assessment and the Corporation Counsel's Office have recommended, that due to the fact that there was a recording error on the part of the City from the In Rem 39 Foreclosure Sale and that this error caused Mr. Schantz to lose title to the vacant lot at 186 Fourteenth Street, the City should transfer title, free and clear, to Mr. Schantz at the City's expense. Therefore, I am recommending that Your Honorable Body approve the transfer of title of 186 Fourteenth to Mr. Joseph Schantz and that the transfer costs are to be paid for by the City of Buffalo. Mr. Fontana moved: That the above communication from the Office of Strategic Planning dated May 4, 2010, be received and filed; and That the Common Council transfer title of 186 Fourteenth to Mr. Joseph Schantz, residing at 184 Fourteenth Street, be and hereby is accepted; and That the transfer costs are to be paid by the City; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES -9 NOES -0 FROM THE COMPTROLLER NO. 15 CERTIFICATE OF NECESSITY TRANSFER OF FUNDS COMMON COUNCIL We, Byron W. Brown, Mayor and Andrew A. SanFilippo, Comptroller, do hereby certify, pursuant to §20 -12 of the Charter, that it is necessary that the sum of $2,000 be transferred and reappropriated within the Common Council, as set forth below: From: Councilmember 8 10109004 - 458001 Transportation $500 1 01 09004 - 458002 Meals & lodging $1,500 To: City Clerk 10220006 - 434000 Other Contractual Services $2,000 Dated: Buffalo, NY, April21, 2010 RECEIVED AND FILED NO. 16 CERTIFICATE OF NECESSITY [INCREASED APPROPRIATION VARIOUS We, Byron W. Brown, Mayor and Andrew A. SanFilippo, Comptroller, do hereby certify, pursuant to §20 -11 of the Charter, that an increase in the sum of $1,435,000 in the estimate for the fiscal year beginning July 1, 2009 is necessary in various departments to meet contingencies which could not have been reasonably foreseen when the budget was adopted. The amount of increased appropriations will be met from the account titled Transfer from Capital Projects, not otherwise appropriated for any other purpose. The details of the requirements are set forth below: From: Transfer from Capital Projects 10700090 - 391030 $1 To meet the increased appropriation as set forth below: TO: Human Resources - Benefits and Management $325 12555006 - 429007 Case Management Public Works - Buildings 13296003 - 441004 Telephone $275,000 13296006- 443200 Building Repairs $335,000 Economic Development, Permit & Inspection Services 16550007 - 445100 Demolitions $500,000 RECEIVED AND FILED FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO. 17 ALLIED COLLECTION OF RECYCLABLE MATERIALS I hereby request permission from Your Honorable Body, effective June I, 2010, a month -to -month extension, not to exceed six (6) months, for the collection of recyclable materials under the same terms of the existing contract - $147,347.30. There will be no fuel adjustment charge added to the cost as per the original contract. (Please See Attachment) Your consideration toward this request is greatly appreciated. Mr. Fontana moved That the Common Council hereby grants permission to extend on a month to month extension, not to exceed 6 months, for the collection of recycicable materials under the same terms of the existing contract $147,347.30 provided there will be no fuel and adjustment charge added to the cost per the original contract PASSED AYES -9 NOES -0 NO. 18 ALLIED MATERIAL PROCESSING OF RECYCLABLE GOODS I hereby request permission from Your Honorable Body; effective June 1, 2010, to extend the current contract between the City of Buffalo and Allied for the processing of recyclable materials on a month -to -month basis not to exceed six (6) months under the same terms of the existing contract. Presently, the City receives $10.00 per ton for recyclable materials. (Please See Attachment) Your consideration toward this request is greatly appreciated. Attachment Mr. Fontana moved That the Common Council hereby Authorizes the Commissioner of Public Works, Parks and Streets to extend the current contract between the City of Buffalo and Allied Waste for the Processing of Recyclable materials on a month to month basis not to exceed six (6) months when the same two of the existing contract. Presently, the city received $10.00 per ton for recycicable materials as attached. PASSED AYES -9 NOES -0 NO 19 CHANGE IN CONTRACT CITY COURT JANITORIAL SERVICES ELLICOTT DISTRICT I hereby submit to Your Honorable Body the following changes for City Court, Janitorial Services 2009 -10, C #93000541. 1. Increase due to Buffalo Living Wage Increase. Add $ 18,981.88 The foregoing changes result in a net increase in the contract of eighteen Thousand Nine Hundred Eighty One and 88/100 Dollars ($18,981.88) Summary: Original Contract Amount $320,801.00 Amount of this Change Order ( #1) 18,981.00 Revised Contract Amount $339,782.88 Costs have been reviewed by the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in 35320806 445100 - Buildings. This money will be reimbursed to the City by the Unified Court System. Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated May 5, 2010, 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, an increase in the amount of $18,981.88, as more fully described in the above communication, for work relating to City Court, to Janitorial Services 2009 -10, C #93000541. Funds for this project are available in 35320806 445100 - Buildings. These funds will be reimbursed to the City by the Unified Court System. PASSED AYES -9 NOES -0 NO 20 CHANGE IN CONTRACT CITY COURT 2007 RENOVATION JOB #0704 ELLICOTT DISTRICT I hereby submit to Your Honorable Body the following changes for City Court, 2007 Renovation, Barton, Hovey, Nardini & Tries, Consulting Contract, C #92011240. 1. Credit for inspector. Deduct $ 24,960.00 The foregoing changes result in a net decrease in the contract of Twenty Four Thousand Nine Hundred Sixty and 00/100 Dollars (- 24,960.00). Summary: Original Contract Amount $ 45,100.00 Amount of Previous Change Order Add $ 55,135.00 Amount of this Change Order ( #2) Deduct $ 24,960.00 Revised Contract Amount $ 75,275.00 Cost have been reviewed by the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are to be credited to 39320806 445100 — Buildings. REFERRED TO THE COMMITTEE ON FINANCE NO 21 CHANGE IN CONTRACT CITY COURT 2007 RENOVATION JOB #0704 ELLICOTT DISTRICT I hereby submit to Your Honorable Body the following changes for City Court, 2007 Renovation, CIR Electrical Construction Corp., C #93000133. 1. Furnish and install 1 sc floor electrical changes required by Add $ 5,095.54 Unified Court System. The foregoing changes result in a net increase in the contract of Five Thousand Ninety Five and 54/100 Dollars ($5,095.54). Summary: Original Contract Amount $ 73,750.00 Amount of Previous Change Orders $ 28,768.30 Amount of this Change Order ( #4) $ 5,095.54 Revised Contract Amount $107,613.84 Costs have been reviewed by the consulting architect (Barton, Hovey, Nardini & Tries) and the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in 35320806 445100 — Buildings. Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated May 5, 2010, 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. 4, to CIR Electrical Construction Corp., an increase in the amount of $5,095.54, as more fully described in the above communication, for work relating to City Court, 2007 Renovation, C #93000133. Funds for this project are available in 35320806 445100 - Buildings. PASSED AYES -9 NOES -0 NO 22 CHANGE IN CONTRACT MAIN STREET RECONSTRUCTION - PHASE 2 HERTEL TO HUMBOLDT CONTRACT #93000084 PIN #5134.03 UNIVERSITY, MASTEN & DELAWARE DISTRICTS Contract Summary: Contract Amount $14,775,898.35 + Amount of change order(# 1) $ 661.368.00 Revised Contract Amount $15,437,266.00 City share of Change Order ( #1) - 5% or $33,068.40 1 hereby submit to your Honorable Body the following change for this contract. Concrete Applied Technologies Company (CATCO) is the Contractor for the Main Street Reconstruction - Phase 2 Project for the City of Buffalo. This contract provided for the construction of the project. This increase is necessary to fund additional traffic signal work along Main Street from Bailey Avenue to Humboldt Parkway. This work primarily involves the conversion of the traffic signal system from Bailey to Hertel from NYSDOT to City of Buffalo standards. Following this, fiber optic wire will be installed to interconnect the entire signal system from Bailey to Humboldt. An itemized list of items included for this change is attached. This is a federally funded project and the funding breakdown is 80% Federal, 15% State and 5% City. I certify that this increase is fair and equitable for the work involved. I respectfully request that your Honorable Body approve the subject change order and authorize the Commissioner of Public Works, Parks and Streets to issue said increase for $661,368.00. Of this amount, 5% or $33,068.40 is the City share of the change. The Federal and State portions (95 %) have already received approval. The funds are available in Capital Project Account #33670706- 445100. Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated April 28, 2010, 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 Concrete Applied Technologies Company, an increase in the amount of $661,368.00, as more fully described in the above communication, for work relating to Main Street Reconstruction - Phase 2, Hertel to Humboldt, C #93000084, PIN #5134.03. Funds for this project are available in Capital Project Account #33670706- 445100. PASSED AYES - 9 NOES — 0 NO 23 484 ELMWOOD AVE; ENCROACHMENTS WITHIN CITY RIGHT OF WAY Mr. Steven Grada, owner of Bistro Europa restaurant, located at 484 Elmwood Avenue, has requested permission to extend an existing awning and install a removable vestibule /wind break enclosure during winter months. Both these items would encroach city right of way. The awning would extend over an existing sidewalk cafe. The seasonal vestibule /wind break would measure 65 x 7' and only be installed during winter months. The Department of Public Works, Parks & Streets has reviewed this application pursuant to Chapter 413 -56 (Awnings, canopies, and marquees) and 413 -67 (Encroachment regulations) of the City Ordinances and has no objection to Your Honorable Body authorizing the Commissioner of Public Works to issue a "Mere License" for said installation provided the following conditions are met: 1. That the applicant obtain any an all other City of Buffalo permits necessary for installation. 2. That the awning and vestibule /wind breaker be installed exactly as shown on plans submitted to and approved by the Department of Permit and Inspection Services. 3. That the vestibule /wind breaker be removed from city right of way from April 1 thru November 15 of each year. 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 and 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 May 5, 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. Steven Grada, owner of Bistro Eurpoa Restaurant, located at 484 Elmwood Avenue, to install a 6.5'x 7' awning which would encroach city right -of -way at said address, subject to the conditions as listed above. PASSED AYES -9 NOES -0 NO 24 ESTABLISH ACCOUNT FOR DEPARTMENT OF PUBLIC WORKS, PARKS AND STREETS TO ACCEPT BURA FUNDS I hereby respectfully request from Your Honorable Body permission to accept BURA funds from the accounts listed below: CDBG -R #85 -60201 - $1,000,000 Overlay of City Streets - BURA funded in 2010 CDBG -R #85 -60200 $ 500,000 NRSA Curbs BURA Funded Your consideration toward this request is greatly appreciated. Mr. Fontana moved That the Common Council hereby authorized the Commissioner of Public Works, Parks and Streets to accept BURA funds as detailed in the attached communication. PASSED AYES -9 NOES -0 NO 25 EXTENSION OF TIME ON CONTRACT MARTIN LUTHER KING, JR. PARK HUMBOLDT BASIN DEMOLITION OF BASIN CONCRETE JOB #0945 MASTEN DISTRICT In accordance with the terms of the contract between the City of Buffalo and the following contractor, the general construction work on the above project should have been completed by February 20, 2010. Due to delays in the start of construction, the contractor has not yet been able to complete certain portions of their work. This is the first extension of time on this project. I have granted a no cost extension of time of 153 days for the following contractor: C #93000520 Mark Cerrone, Inc. Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated May 5, 2010, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to grant an extension of time to Mark Cerrone, Inc. on contract Martin Luther King, Jr. Park Humboldt Basin Demolition of Basin Concrete Job #0945, C #93000520. PASSED AYES -9 NOES -0 NO 26 PERMISSION TO HIRE CONSULTANT BUFFALO & ERIE COUNTY HISTORICAL SOCIETY ELECTRICAL UPGRADES JOB #1011 Permission is hereby requested from Your Honorable Body to retain a consultant to prepare plans and specifications and provide construction oversight for Electrical Upgrades at the Buffalo & Erie County Historical Society Funds for this project are available in the Capital Budget - Buildings Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated May 5, 2010 be received and filed; and That the Commissioner of Public Works, Parks & Streets be, and he hereby is authorized to retain a consultant to prepare plans and specifications and provide construction oversight for Electrical Upgrades at the Buffalo & Erie County Historical Society. Funds for this project are available in Capital Budget - Buildings. PASSED F_'Td .R7►[61*=01 NO 27 PERMISSION TO HIRE CONSULTANT CITY HALL FACADE RESTORATION, PHASE 3 JOB #1021 ELLICOTT DISTRICT Permission is hereby requested from Your Honorable Body to retain a consultant to prepare plans and specifications and provide construction assistance for the 3 rd Phase of the City Hall Facade Restoration. This project was approved as part of the Capital Improvement Plan. Funds are available in 30320506 445100 - Buildings. Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated May 4, 2010 be received and filed; and That the Commissioner of Public Works, Parks & Streets be, and he hereby is authorized to prepare plans and specifications and provide construction assistance for the 3 rd Phase of the City Hall Facade Restoration. Funds for this project are available in 30320506 445100 - Buildings. PASSED AYES -9 NOES -0 NO 28 PERMISSION TO INCREASE CONTRACT ERDMAN- ANTHONY ASSOCIATES MAIN STREET CONTRACT #92010422 UNIVERSITY, DELAWARE & MASTEN DISTRICTS I hereby submit to Your Honorable Body the following change for this contract. Erdman - Anthony Associates is the engineering consultant for the Main Street Reconstruction Project for the City of Buffalo. This project included study, preliminary and detailed design, and construction management /inspection. This increase is necessary for additional design, construction management and inspection on this project. This increase specifically deals with converting the entire signal system along Main Street, from Bailey to Humboldt, to City of Buffalo standards. This includes the installation of fiberoptic wire to interconnect the signals. Detail of the design and inspection costs for this work is attached. This is a federally funded project and the funding breakdown is 80% Federal, 15% State, and 5% City. I respectfully certify that this increase is fair and equitable for the work involved, and request that Your Honorable Body approve the subject change order and authorize the Commissioner of Public Works, Parks and Streets to issue said increase for $498,000. Of this amount, 5% or $24,900 is the City share of the change. The Federal and State portions (95 %) have already received approval. The funds are available in Capital Projects account 33656606- 445600 CONSULTANT SERVICES TO BE PROVIDED (7 Months — June - December 2010) DESIGN $ 78,000.00 CONSTRUCTION MANAGEMENT $140,000.00 INSPECTION $280.000.00 TOTAL $498,000.00 Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated April 27, 2010, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue a change order, to Erdman - Anthony Associates, an increase in the amount of $498,000. Of this amount 5% or $24,900.00 is the City share of the change, as more fully described in the above communication, for work relating to Main Street Reconstruction Project, C #92010422. Funds for this project are available in 33656606- 445600. PASSED AYES -9 NOES -0 NO 29 PERMISSION TO INCREASE CONTRACT WENDEL DUCHSCHERER CONTRACT #93000288 CITYWIDE I hereby submit to Your Honorable Body the following change for this contract. Wendel Duchscherer is the engineering consultant for the Citywide Tree Management Project for the City of Buffalo. This increase is necessary for additional services in order to provide uninterrupted services through June 30, 2010. This will allow DPW sufficient time to complete the RFP process and have the next tree management contract in place. This includes additional time for data management, service calls, construction inspection end management services, additional time for general forestry issues, and additional field inspection services. 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 $40,000.00. The funds are available in Capital Projects account 30032106 445100. Original Contract Amount: $ 162,900.00 Previous Change Order: $ 87,075.00 This Change Order: $ 401000.00 Total: $ 289,975.00 Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated May 5, 2010, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue a change order, to Wendel Duchscherer, an increase in the amount of $40,000.00, as more fully described in the above communication, for work relating to Citywide Tree Management Project, Contract #93000288. Funds for this project are available in Capital Projects account 30032106 445100. PASSED AYES -9 NOES -0 NO 30 REPORT OF BIDS AUTUMNWOOD SENIOR CENTER HVAC UPGRADES JOB #1007 (LOV) I advertised for on April 6, 2010, and received the following formal sealed bids for the Autumnwood Senior Center, HVAC Upgrades, which were publicly opened and read on April 27, 2010. Base Bid +Alt #1 +Alt #2 RP Mechanical $33,899.00 $1,023.00 $1,500.00 7165 Genesee, Springville NY Molenberg Betz $36,185.00 $1,330.00 $2,445.00 300 Scott, Buffalo, NY Colgate Heating Corp $49,880.00 $1,100.00 $2,980.00 142 Colgate, Buffalo NY Add Alternate #1: Clean existing ductwork. Add Alternate #2: Remove and dispose of existing outside unit. I hereby certify that the foregoing is a true and correct statement of all bids received and that R P Mechanical, with a Base Bid of $33,899.00, add Alternate #1 for $1,023.00, add Alternate #2 for $1,500.00, for a total bid of Thirty Six Thousand Four Hundred Twenty Two and 00/100 Dollars ($36,422.00) is the lowest responsible bidder in accordance with the plans and specifications. I recommend that Your Honorable Body authorize the Commissioner of Public Parks, Parks & Streets to order on the basis of the lowest responsible bid. Funding for this project is available in 32320206 445100 - Buildings. Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated May 4, 2010, 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 the Autumnwood Senior Center, HVAC Upgrades, Job # 1007, to RP Mechanical, the lowest responsible bidder, with a Base Bid of $33,899.00, add Alternate #1 for $1,023.00, add Alternate #2 for $1,500.00 for a total bid amount of $36,422.00. Funds for the project are available in 32320206 445100 - Buildings. PASSED AYES -9 NOES -0 NO 31 REPORT OF BIDS CRACKFILLING OF CITY PAVEMENTS — 2010 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 Thomann Asphalt Paving Corp. $86,075.00 $94,682.50 56 Gunville Road, Lancaster, NY 14086 Amherst Paving, Inc. $96,090.00 $105,699.00 330 Meyer Road, Amherst, NY 14226 Aniseal, Inc. $97,830.35 $107,613.85 Binghamton, New York I hereby certify that the low bidder for the above project is Thomann Asphalt Paving Corp. I respectfully recommend that your Honorable Body authorize a contract award in the amount of $94,682.50. ($86,075.00 base bid + $8,607.50 unit price increase = $94,682.50). Funds for this work are available in account(s) #32311506 - 445100, #31310406- 445100, & #30032106 - 445100, an another account to be named at a future date. The engineer's estimate for this work is $100,000.00. 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 June 5 th 2010. 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 April 30, 2010, 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- 2010, Group #712, to Thomann Asphalt Paving Corp., the lowest responsible bidder, $86,075.00 base bid $8,607.50 unit price increase = $94,682.50. Funds for the project are available in #32311506 - 445100, #31310406 - 445100 & #30032106 - 445100. PASSED AYES -9 NOES -0 NO 32 REPORT OF BIDS RESURFACING OF CITY STREETS — 2010 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 Amherst Paving, Inc. $2,449,680.00 $2,694,648.00 330 Meyer Road, Amherst, NY 14226 Destro & Brothers Concrete Co., Inc. $2,583,446.00 $2,841,790.60 411 Ludington Avenue, Buffalo, NY 14211 1 hereby certify that the low bidder for the above project is Amherst Paving Inc.. I respectfully recommend that your Honorable Body authorize a contract award in the amount of $2,694,648.00. ($2,449,680.00 base bid + $244,968.00 unit price increase = $2,694,648.00). Funds for this work are available in account(s) #32311506 - 445100, #31310406 - 445100„ & #30032106 - 445100, an another account to be named at a future date. The engineer's estimate for this work is $2,900,000.00. 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 June 5 th 2010. Individual bid submissions are available in our office for inspection and copies are available upon request. Mr. Fontana moved That the above communication from the Commissioner of Public Works, Parks and Streets dated May 4, 2010, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to award a contract for Resurfacing of City Streets- 2010, Group #711, to Amherst Paving, Inc., the lowest responsible bidder, $2,449,680.00 base bid + $244,968.00 unit price increase = $2,694,648.00. Funds for the project are available in #32311506 - 445100, #31310406 - 445100 & #30032106- 445100. PASSED AYES -9 NOES -0 NO 33 APPT DEPUTY COMM. OF PW PARKS & STREETS FOR PARKS & RECREATION (RABB)(EXEMPT) CERTIFICATE OF APPOINTMENT Appointment Effective May 3,2010 in the Department of Public Works, Parks & Streets Division of Parks to the Position of Deputy Comm. of PW Parks & Streets for Parks & Recreation Exempt Appointment Flat Starting Salary of $85,000.00 Andrew R. Rabb, 130 Kay Street, Buffalo 14215 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF POLICE NO. 34 APPROVAL TO PURCHASE NEW MARKED POLICE VEHICLES The Buffalo Police Department has recently invested hundreds of thousands of dollars in new technology that will be implemented into Buffalo Police vehicles. This technology is in the form of equipment, such as the TRACS system, upgraded Mobile Computer Terminals (MCT's), and License Plate Readers, as well as software and programming advances that include AVL, automated in car reporting, CHARMS and CAD improvements that will allow more information to be available to officers through the newer MCT's such as gang information, mug shots, and operational manual viewing. This new technology, along with 'the many other base equipment items that are needed to complete a marked vehicle, requires extensive manpower resources to install in each vehicle. This equipment and the effort involved would be more beneficial and efficient to the City and the Department if it was to be installed in a newer vehicle. The purchase of new marked vehicles will also allow the Department to replace vehicles that have already been removed from the fleet (through auction, totaled through collision, or used as parts cars) and those that are beyond their useful life that will be removed in the near future. Therefore, in consideration of the above issues and per the adopted 2009/2010 fiscal year budget, the Buffalo Police Department hereby requests permission from your honorable body to begin the purchase process for 30 marked police cruisers (Ford Crown Victoria's). In addition, any remaining funds within the Buffalo Police Department Capital Outlay Vehicles budget line will be re- allocated to the Equipment budget line to allow for the purchase of any additional required equipment needed to fully outfit all marked police vehicles, new and current. If you have any questions or concerns, please contact Inspector Joseph Strano at 851 -4879. Thank you in advance for your cooperation and expediency in addressing this matter. Mr. Fontana moved: That the communication from the Police Department, dated May 6, 2010, be received and Filed; and That the Interim Commissioner of Police and the Director of Purchase be, and they hereby are authorized to purchase 30 (thirty) marked police cruisers (Ford Crown Victorias). PASSED AYES -9 NOES -0 NO. 35 DRUG ASSET FORFEITURE WIRE TRANSFERS ITEM NO. 104, C.C.P. 2/2/88 09 -DEA- 518076 C2 -09 -0105 1,352.05 09 -DEA- 516619 C2 -08 -0081 1,962.87 09 -DEA- 516623 C2 -08 -0144 603.86 09 -DEA- 517785 C2 -09 -0098 2,167.63 09 -DEA- 517787 C2 -09 -0098 7,387.60 09 -D EA- 517531 C209 -0102 1,174.45 09 -DEA- 517884 C2 -09 -0098 1,362.85 09 -DEA- 518458 C2 -08 -0145 7,959.81 09 -DEA- 519077 C2 -09 -0118 1,861.45 09 -DEA- 519806 C2 -09 -0127 1,465.45 09 -DEA- 519977 C2 -09 -0131 1,713.85 09 -DEA- 519473 C2 -08 -0081 666.13 09 -DEA- 520008 C2 -09 -0132 2,392.88 09 -DEA- 520430 C2 -09 -0134 1,580.05 09 -DEA- 520670 C2 -09 -0136 2,954.65 07- ATE - 000297 06- CV -0542A 37.000.24 07 -ATF- 000297 06- CV -0542A 12,989.26(15% SAFF TOTAL $86,595.08 The Drug Enforcement Administration (DEA), U.S. Customs and /or the FBI 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 10405 for fulfilling year 4 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 FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT & INSPECTION SERVICES NO. 36 FOOD STORE (NEW) 127 GRANT(NIAGARA) Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 127 Grant (Frontier BeverageM/illiam Mackiewicz) 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 Collection Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE CONNITTEE ON LEGISLATION, NO. 37 FOOD STORE (NEW) 188 GRANT(NIAGARA) Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 188 Grant (Marka Halal Market /Abdikabir Hassan) 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 Collection Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION. NO. 38 FOOD STORE (NEW) 900 MAIN (NIA) Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 900 Main (Rush Hour /Nana Aljabri) 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 Collection Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 39 FOOD STORE (NEW) 1027 SMITH(FILLMORE) Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 1027 Smith (Smith & Paddy Community /Shaun White) 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 Collection Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 40 FOOD STORE (NEW) 721 TONAWANDA (NORTH) Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 721 Tonawanda (B -Lo Mini Mart II /Mohamed Aldubaishi) 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 Collection 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 May 5, 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 grant a Food Store License to Mohamed Aldubaishi located at 721 Tonawanda Street d /b /a B -Lo Mini Mart 11. PASSED AYES -9 NOES -0 NO. 41 LODGING HOUSE LICENSE 541 WALDEN AVE (FILLMORE) 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 541 Walden 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, 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 Manreen Guevara Hunte. The attached thereto for Maureen Guevara Hunte. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 42 RESTAURANT DANCE LICENSE (RENEWAL) 120 CHURCH STREET Pursuant to Chapter 150 of the City of Buffalo Ordinances, please be advised that I have caused an investigation into the premises located at 120 Church Street for which said renewal application for a Restaurant Dance Class III license is being sought by Rudi Rainer 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 23, 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 renew a Restaurant Dance Class KI License to Rudi Rainer located at 120 Church Street d /b /a Adam's Mark Buffalo- Niagara. PASSED AYES -9 NOES -0 NO. 43 SECOND HAND DEALER 1396 HERTEL 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 1396 Hertel 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 Anna Kaplan. The attached thereto for Anna Kaplan d /b /a /Sempre Vintage Clothing & Accessories. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION. NO. 44 USED CAR DEALER 1657 BROADWAY (LOV) 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 1657 Broadway 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 Igor Finkelstein. The attached thereto for Igor Finkelstein dba /Grant Vinokur 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 April 23, 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 License to Igor Finkelstein located at 1657 Broadway d /b /a Grant Vinokur Inc. PASSED AYES -9 NOES -0 FROM THE COMMISSION ON CITIZENS RIGHTS AND COMMUNITY RELATIONS NO. 46 2008 -2009 ANNUAL REPORT Available for review in The City Clerk's Office REFERRED TO THE SPECIAL COMMITTEE ON POLICE OVERSIGHT FROM THE BUFFALO URBAN RENEWAL AGENCY NO. 46 BUFFALO URBAN RENEWAL AGENCY REAL ESTATE APPROVAL TO WAIVE CERTAIN CONDITIONS IN LAND DISPOSITION AGREEMENT OAK STREET REDEVELOPMENT PROJECT- NYR197 LANGSTON HUGHES INSTITUTE, INC.- REDEVELOPER 33 HIGH, 963 AND 969 WASHINGTON STREET The City of Buffalo Urban Renewal Agency (hereinafter referred to as Agency) duly designated Langston Hughes Institute, Inc. and /or joint venture, partnership, corporation or other legal entity to be formed as the qualified and eligible Redeveloper for the subject parcel. The Agency entered into a Land Disposition Agreement (LDA) with Langston Hughes Institute, Inc. on May 31, 1995 for the sale of the above referenced properties. The properties were transferred by BURA to Langston Hughes Institute, Inc. on May 31, 1995. The LDA requires that certain improvements be made to the parking lot including curbs and fighting. The Institute is intending on selling the property to a developer and has formally requested a waiver of these conditions. Waiver of these conditions will allow the Agency to issue a Certificate of Completion to the Institute, The Certificate of Completion is necessary to clear title for a transfer of the real property to a thirty party. Attached, in accordance with Section 617.7 of the State Environmental Quality Review Act (SEAR), is the Negative Declaration Notice of Determination of Non - Significance, approved by the Agency on April 22, 2010. The Agency has determined that the above action is satisfactory. Please be advised that in accordance with the provisions of Article 15A of the General Municipal Law, it is now necessary for your Honorable Body to set a date for a public heating, and to direct the publication of a notice of said heating. In the interest of time and anticipating that Your Honorable Body is willing to expedite this matter, I have taken the liberty to prepare a Resolution together with a Notice of Public Hearing for your action. Forwarded separately are the following documents: 1. Negative Declaration - Notice of Determination of Non - Significance 2. Resolution setting Public Hearing 3.. Notice of Public Heating 4. Resolution approving proposed Waiver After the Public Hearing is held, Your Honorable Body may adopt a Resolution authorizing the Agency to waive certain conditions of the Land Disposition Agreement. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 47 NEGATIVE DECLARATION NOTICE OF DETERMINATION OF NON - SIGNIFICANCE 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 Buffalo Urban Renewal Agency Room 920 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: Langston Hughes Institute LDA Waiver Location 963 & 969 Washington Street. Buffalo, New York. Type of Action: Unlisted - Coordinated Project Description: The Langston Hughes Institute is requesting a waiver to its existing Land Disposition Agreement (LDA) from the Buffalo Urban Renewal Agency and the City of Buffalo. The waiver would allow the Institute to sell its property to a private entity without undertaking previously agreed upon improvements to the land required under the LDA. As a result of this environmental review, the Lead Agency has determined that the undertaking of this action will not constitute an action significantly affecting 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 project will: facilitate private investment in the neighborhood; prevent the establishment of incompatible land uses in the area; and potentially generate increased tax revenues for the City. The impacts that are likely to occur as a result of the project appear, on the whole, to be beneficial and will not, either individually or as a whole, have a significant adverse effect on the environment. For further information relative to this Negative Declaration, contact Mr. Gregory Bernas Assistant Environmental Program Coordinator, Room 920 City Hall Buffalo, New York 14202 - Telephone: 716- 851 -5083. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT FROM THE CITY CLERK NO. 48 CHICKEN LICENSE LIST OF APPROVED LICENSES Dear Council Members: As per the new Chicken License Ordinance, enclosed please find the list of approved licenses with the required information for each applicant. Should you have questions and /or concerns pertaining to this matter, do not hesitate to contact me at 851 -5432. Respectfully, Gerald Chwalinski City Clerk GC /mc Enclosure Address Hen Count Issue Date Expiration Date Mass Ave Project 5 4/21/2010 4/30/2011 387 Massachusetts Ave Monique Watts 5 9/1/2009 8/31/2010 362 Rhode Island RECEIVED AND FILED NO. 49 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 491 Amherst St Black Rock Kitchen & Bar Susan Chlewa 727 Elmwood Blue Monk Zeven Twee Zeven, LLC RECEIVED AND FILED NO. 50 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 4/22/2010 in the Department of Common Council, Division of Ellicott District Office to the Position of Intern IX, Unclassified, Exempt at the Hourly Salary of $11.57/hr Bryan G. Ball, 204 W. Tupper St., Buffalo, NY 14201 NO. 51 APPOINT COMMON COUNCIL STAFF Appointment Effective 4/29/2010 in the Department of Common Council, Division of Ellicott District Office to the Position of Senior Legislative Assistant, Unclassified, Exempt at the Flat Salary of $44,741.00 Chandra L. Davis, 185 Walnut Street, Buffalo, NY 14204 ADOPT NO. 52 NOTICES OF APPOINTMENTS MADE IN VARIOUS DEPARTMENTS SEASONAL /FLAT I transmit herewith certificates received by me, reporting seasonal and flat salary appointments RECEIVED AND FILED CERTIFICATE OF APPOINTMENT Appointment Effective April 22, 2010 in the Department of Assessment and Taxation to the position of Clerk, Seasonal at the flat salary of $11.87 /hour Lyana M. Luciano, 247 West Avenue, Buffalo, NY 14201 Appointment Effective April 28, 2010 in the Department of Public Works to the position of Laborer II, Seasonal at the flat salary of $11.87 /hour Said Hersi, 232 Auburn Avenue, Buffalo, NY 14213 NO. 53 APPOINTMENTS TEMPORARY, PROVISIONAL 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 22, 2010 in the Department of Law, Division of Law to the Position of Assistant Corporation Counsel ((Muni Attorney), Permanent appointment, Non Competitive at the minimum salary of $52,121.00 David Lee, 133 Livingston Street, Buffalo, NY 14213 Certificate of Appointment Appointment effective April 19, 2010 in the Department of Public Works, Parks and Streets, Division of Parks to the Position of Parks Utility Worker, Temporary Appointment at the First Step $33,151.00 Kenneth LaBarge, 131 Maurice Street, Buffalo, NY 14210 CERTIFICATE OF APPOINTMENT Appointment effective April 26, 2010 in the Department of Public Works, Parks and Streets, Division of Engineering to the Position of Laborer II, Permanent Appointment, Non Competitive at the Minimum Salary of $22,070.00 Michael Zybala, 345 Roesch Avenue, Buffalo, NY 14207 CERTIFICATE OF APPOINTMENT Appointment effective April 26, 2010 in the Department of Public Works, Parks and Streets, Division of Water to the Position of Stock Clerk, Permanent Appointment, at the First Step of $30,105.00 Catherine Sitarek, 19 Cliff St, Buffalo, NY 14206 NON - OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON - OFFICIAL COMMUNICATIONS NO. 54 P. BROWN- REQUEST TO PURCHASE COMPUTER Dear Common Council, I am gracefully asking your approval for a computer purchase. The Serial # is BFX -DD 177 and the City of Buffalo Tag is 051972. Thank you very for your concern with this matter. The Amount is $30.00. Phyllis R. Brown Account Clerk Typist Public Works Dept. Division of Water REFERRED TO THE COMMITTEE ON FINANCE AND THE DEPARTMENT OF MANAGEMENT INFORMATION SERVICES NO. 55 BUFFALO WATER SYSTEM MONTHLY WATER BOARD REPORT APRIL 2010 Item available for review in the City Clerk's Office RECEIVED AND FILED NO. 56 CAMIROS- SUSTAINABILITY AUDITS FOR RESPONSIBLE ZONING - I t seems that "sustainability" is in the air. Every planning and I design article argues for sustainability. Every plan that we I draft or read includes sustainable actions. Sustainability Is important. But how do we go about making city development sustainable? We suggest that sustainable development is the way we manage our policies and our regulations to improve the quality of human life so as to live within the carrying capacity of our environmental systems. Ethically, urban planning and development policy has always been concerned with sustainability. What planner thinks of their work as purposefully depleting or permanently damaging natural and human resources? What planning professional or civic leader purposefully supports a pattern of sprawling achieved. To do so we need to look to regulation, and no one set of regulations offers more potential to positively address sustainability than the zoning ordinance. While traditionally developed for the purpose of regulating land use impacts and achieving specific community land use policy, the requirements of municipal ordinances impact the natural environment and the type and amount of energy consumed within a community. For example, zoning and subdivision regulations structure a community's pattern and style of housing development, its level of walkability, the demand upon its natural systems, and the type of transportation services required. From this perspective, it is clear that development regulations, and the policies that undergirds its structure, represents a potent tool to help a municipality create an energy efficient, and more sustainable, community REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 57 CAMIROS -INFO LAND USE PLANNING AND NEW ZONING ORDINANCES Item available for review in The City Clerk's Office REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 58 DELINQUENT CITY OF BUFFALO OCCUPANCY TAX NOTICE In accordance with section 548 of the Charter Of The City of Buffalo, you are hereby notified that the 1976 Occupancy Tax, as itemized herein, remains unpaid— and if not paid on or before May 31.2010 will be added as a delinquent accounts receivable invoice and subject to additional collection fees, REFERRED TO THE COMMITTEE ON FINANCE NO. 59 LP CIMINELLI BOARD PAKET DOCUMENTS APRIL 2010 MEMORANDUM Program Packaging and Development Services (PPDS) Provider April 13, 2010 Board Packet Documents Attached are the following documents from the Joint Schools Construction Board meeting scheduled on April 12, 2010: 1. Draft Agenda 2. Meeting Minutes from JSCB Meeting dated March 1, 2010 3. Fully Executed Phase III Application and Certificate for Payment No. 35 - February 2010 4. Fully Executed Phase IV Application and Certificate for Payment No. 20 - February 2010 5. Phase III Application and Certificate for Payment No. 36 - March 2010 6. Phase 1 V Application and Certificate for Payment No. 21 - March 2010 7. Phase V Application and Certificate for Payment No. 4 - March 2010 8. Program Packaging and Development Services (PPDS) Provider Update 9. Bevlar & Associates Inc. Construction Contract Monitoring and Compliance Services Monthly Report for Addendum 1 Phase III Project - February 2010 10. Bevlar & Associates Inc. Construction Contract Monitoring and Compliance Services Monthly Report for Addendum 1 Phase IV Project - February 2010 11. Inclusion Development Associates, Inc. Construction Contract Compliance Monitoring Monthly Report for Phase III - February 2010 12. Inclusion Development Associates, Inc. Construction Contract Compliance Monitoring Monthly Report for Phase IV- February REFERRED TO THE COMMITTEE ON EDUCATION NO. 60 LP CIMINELLI BOARD PAKET DOCUMENTS MAY 2010 Memorandum Program Packaging and Development Services (PPDS) Provider May 4, 2010 Board Packet Documents Attached are the following documents from the Joint Schools Construction Board meeting scheduled on May 3, 2010: 1. Draft Agenda 2. Meeting M —nutes from JSCB Meeting dated April 12, 2010 3. Fully Executed Phase HI Application and Certificate for Payment No. 36R - March 2010 4. Fully Executed Phase IV Application and Certificate for Payment No. 21 - March 2010 5, Phase III Application and Certificate for Payment No. 37 - April 2010 6. Phase 1 V Application and Certificate for Payment No. 22 - April 2010 7. Phase V Application and Certificate for Payment No. 5 - April 2010 8. Program Packaging and Development Services (PPDS) Provider Update 9. Bevlar & Associates Inc. Construction Contract Monitoring and Compliance Services Monthly Report for Addendum 1 Phase III Project - March 2010 10. Bevlar & Associates Inc, Construction Contract Monitoring and Compliance Services Monthly Report for Addendum 1 Phase IV Project - March 2010 11. Inclusion Development Associates, Inc. Construction Contract Compliance Monitoring Monthly Report for Phase III- March 2010 12. Inclusion Development Associates, Inc. Construction Contract Compliance Monitoring Monthly Report for Phase IV- March 2010 REFERRED TO THE COMMITTEE ON EDUCATION NO. 61 CORPUS CHRISTI CHURCH - REQUEST HANDICAPPED PARKING ON CLARK ST Dear Mr. Franczyk: This letter is in response to the phone conversation with your office on April 13, 2010. Corpus Christi R.C. Church is requesting the consideration of the City of Buffalo regarding the installation of handicap only parking signs on the west side of Clark Street. The requested installation would be near the existing handicap ramp on the far right side of our Church, Also requested are handicap sign installations near 165 Sears Street. This is on the east side of Sears Street, near our "Athletic Center ". Enclosed is a map with the location of both streets and a diagram showing the approximate installation locations. We Thank you in advance for your consideration and we appreciate the City's and the Council's effort to assist in this need. Gratefully, REFERRED TO THE COMMITTEE ON LEGISLATION NO. 62 R. DAVIS- PARKING ON STANTON ST. Dear Councilman Franczyk: I am a Board of Education Employee who works at School #31 located at 212 Stanton, Buffalo, NY 14212. For many years the School Engineer has cut the grass and plowed a vacant lot located between 207 Stanton and 181 Stanton. Parking is so sparse around the building, staff and visitors park there to pick up and drop off their students. Many have pulled onto the vacant land to avoid the 15 buses that pick up and drop of the students daily. Recently a DOT truck ticketed the 3 vehicles parked on the land. Each ticket was for parking on unpaved surface, at the price of $50.00. We are asking that the city donate the space to the school so we can maintain it, as we have in the past and so that our staff and parents can park in the lot without being ticketed. Your assistance in this matter would be gratefully appreciated. Sincerely, REFERRED TO THE COMMITTEE ON LEGISLATION AND THE DIRECTOR OF REAL ESTATE NO. 63 S. GAWLIK GENERAL PROJECT PLAN - CANALSIDE LAND USE IMPROVEMENT PROJECT Dear Mr. Chwalinski: Pursuant to Sections 10 and 16 of the Urban Development Corporation Act, enclosed for filing with the City Clerk's Office is a copy of the General Project Plan which was adopted on December 18, 2009 and affirmed on March 26, 2010 by the Board of Directors of the Urban Development Corporation d /b /a Empire State Development Corporation ( "ESDC "). Also enclosed is a copy of the ESDC Board materials for December 18. 2009 and March 26. 2010. Please feel free to contact me at 716 - 846 -8257 should you have any questions. Copy available for review in the City Clerk's Office REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 64 K. HAPKE- REQUEST TO PURCHASE COMPUTER Dear Common Council: I am graciously asking for your approval for a computer purchase. The serial # is BFX- 22128. Thank you very much for you concern with the matter. The cost of computer purchase is $30.00. REFERRED TO THE COMMITTEE ON FINANCE AND THE DEPARTMENT OF MANAGEMENT INFORMATION SERVICES NO. 65 J. LEVY -ERIE CANAL HARBOR DEVE- RESPONSE TO CM GOLOMBEK'S QUESTIONS Dear Councilman Golombek: Thank you for your willingness to listen and talk about the planned Canal Side Development project. In response your questions about benefit to your constituents, here is some data. Jobs created locally will be 1670 directly and 890 indirectly, totaling 2560 jobs Thirty year payroll will be $2.547BB 3. Estimated Tax Revenue over 30 year period will exceed $155.7MM 4. City of Buffalo /County of Erie property tax collections will be at least $20.3MM 5. New York State estimated Tax Revenue will be at least $184.6MM over the thirty year period As we discussed, as a result of negotiating a successful PLA, this project will create over 3,000 construction related jobs over the next 5+ years, all of these in our community. Lastly, I am sure you realize that this area has not provided any property tax revenue in decades. And while Canal Side will be located in our great city, we will be providing most of our own services and in many ways will be virtually self- sufficient. I hope this answers some of your concerns. Should you wish to discuss this further, either Tom Dee or I would be happy to review this in greater detail. Thank you REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 66 M. LOCURTO- UPDATE ON GAMING FACILITY SENECA BUFFALO CREEK Dear Mr. Rodriguez: As you are aware, on December 8, 2005, the Seneca Nation of Indians began construction of a temporary Class III gaming facility on the Seneca Buffalo Creek Territory. This gaming facility began operating on July 3, 2007 and was subsequently expanded on or about March 31, 2008. Pursuant to the agreement executed between the City of Buffalo and the Seneca Nation, Seneca Gaming Corporation and the Seneca Erie Gaming Corporation ( "Corporation "), both the City of Buffalo and the foregoing entities have contractual and non - contractual obligations to fulfill in regards to the development of the Seneca Creek Casino. To this end, please advise the undersigned as to the current status of the following provisions contained within the agreement, as well as the compliance of each of the parties with such provisions: 1. The Corporation agrees to make $5- $7 million worth of infrastructure improvements to City owned lands around the Casino; 2. As per Section 7(a) of the agreement, the Corporation committed to spend $125 million to build a grand casino with an urban park; 3. Although not a legally binding commitment, the Corporation did declare its good faith intention and commitment in Section 9(a)(ii) of the agreement to hire approximately 1,000 people at the Seneca Buffalo Creek Casino and to give preference to City of Buffalo residents for 50% of the jobs. Additionally, pursuant to Section7(e)(i) of the agreement, the Corporation agrees to provide the City, within (60) days after the end of the Corporation's fiscal year, with an annual written report setting forth the Corporation's intentions regarding hiring of Buffalo residents, minorities, and females that includes information regarding the total number of people employed by the Corporation and subsidiary at the Seneca Buffalo Creek Territory, as well as the number of such employees who are minorities and women. To date, the undersigned is unaware of the status of this intention and commitment, the compliance of the parties with this commitment, nor whether the aforementioned reports have been provided to the City; 4. Although not a legally binding commitment, the Corporation also did declare its good faith intention and commitment in Section 9(a)(vi) of the agreement to continue to follow policies aimed at having a workforce employed at the gaming facility on the Seneca Buffalo Creek Territory that is composed of at least 25% minorities and at least 8% women. As stated above, Section 7(e)(i) of the agreement requires that the City be provided with an annual written report in regards to the composition of the workforce. Additionally, pursuant to Section7(e)(ii), the Corporation agrees to work with the agencies specified in Appendix F of the agreement to increase economic /employment opportunities for minorities and women. To date, the undersigned is unaware of the status of this intention and commitment, the compliance of the parties with this commitment, nor whether any reports have been submitted regarding the cited issues; 5. The Corporation committed to spend in excess of $1.7 million annually to market the Casino and the City of Buffalo to visitors from outside of the region and the state. Pursuant to Section 7(f)(i), the Corporation agrees to work with the Buffalo Convention and Visitors Bureau and any other marketing committee or board created by the City to coordinate marketing of the City as a tourist destination in its own right; 6. Pursuant to Section 7(f)(ii), the Corporation agrees to spend money annually on the marketing of the Corporation's development project on the Seneca Buffalo Creek Territory to people outside of the eight counties of Western New York. Within ninety (90) days of the end of the Corporation's fiscal year following the opening of the Casino, the Corporation shall deliver to the City a certificate of an officer of the Corporation confirming compliance with Section 7(f)(ii). To date, the undersigned is unaware of the compliance of the parties with this commitment, nor whether a certificate confirming such compliance has been provided. Furthermore, pursuant to Section 7(f)(iii), a marketing executive from the Corporation is to make a presentation on an annual basis to the City of Buffalo Common Council to report on the foregoing marketing efforts. To date, the undersigned is unaware of such presentation having occurred. 7. The City committed to help develop housing, tourism, recreation and other initiatives in the area surrounding Seneca Creek Casino in order to maximize tourism in the Inner Harbor area. We respectfully request that this update on the status of the cited provisions and compliance of the parties therewith be provided to the undersigned in writing no later than 2:00 pm on Thursday, May 20 so as to allow for discussion of this matter at the Common Council scheduled for Tuesday, May 25. Thank you for your attention to this request. REFERRED TO THE COMMITTEE ON LEGISLATION. NO. 67 OLMSTED PARKS CONSERVE -HSBC GRANT TO IMPROVE MILK JR PARK NEIGHBORHOOD Item available for review in the City Clerk's Office RECEIVED AND FILED NO. 68 OLMSTED PARKS CONSERVE -PHOTO OPPORTUNITIES Item available for review in the City Clerk's Office RECEIVED AND FILED NO. 69 OLMSTED PARKS CONSERVE PUBLIC MEETING RE JESSE KREGAL PATHWAY IMPROVE PROJ Item available for review in the City Clerk's Office RECEIVED AND FILED NO. 70 OLMSTED PARKS CONSERVE -STATE OF THE PARKS ADDRESS 2010 Item available for review in the City Clerk's Office RECEIVED AND FILED NO. 71 PETITION TO AMEND THE FRUIT BELT URBAN RENEWAL AREA BOUNDARY TO FACILITATE KALEIDA HEALTH'S PROPOSED SKILLED NURSING BEDS AT BUFFALO GENERAL HOSPITAL Dear Ladies and Gentlemen: We represent Kaleida Health ( "Kaleida ") and Site E, LLC (collectively the "Applicants ") in support of this petition to amend the boundary of the Fruit Belt Urban Renewal Area. Kaleida is proposing to construct its Skilled Nursing Facility on the block which extends from East North Street to High Street and from Michigan Avenue to Maple Street in the city of Buffalo, New York ( "Parcels" or "Project Site "). Because the Fruit Belt Urban Renewal Plan does not specifically permit a facility such as the Skilled Nursing Facility, it is necessary to amend the . boundary of this area to freely permit the Skilled Nursing Facility without altering the content of the Fruit Belt Urban Renewal Plan. It should be noted, that the Parcels had previously been rezoned by the Common Council to C -1, which permits the Proposed Skilled Nursing Facility as -of -right under the Zoning Code. We are attaching the following exhibits in support of this Petition: Exhibit "A" - Skilled Nursing Facility Project Details Exhibit ,B" - Site Survey Exhibit "C" - Full Environmental Assessment Form REFERRED TO THE COMMITTEE ON LEGISLATION, THE CORPORATION COUNSEL AND THE OFFICE OF STRATEGIC PLANNING NO. 72 M. SHAPIRO- SHELLABY- RESPONSE DEVELOPMENT PROJECTS Dear Members of the Common Council, I understand Jordan Levy of the Erie Canal Harbor Development Corporation recently contacted you with information regarding projected jobs produced and the tax revenue for the City, County, and State that might be generated through the project. In addition to his letter, he included a recent New York Times article entitled "Community Pacts Questioned in the Zoning Process." I would like to take this opportunity to respond to Mr. Levy's claims as well as issues or concerns presented in the article. The most glaring distinction between the development projects discussed in the article and the Canal Side Development Project here in Buffalo, is that a Community Benefits Agreement is being proposed between a state entity, the Erie Canal Harbor Development Corporation, and concerned community organizations. The article in April 27th's New York Times discusses the nature of CBAs negotiated between private developers and community groups and cannot speak to the unique situation that we find ourselves in with the Canal Side Development Project. The Erie Canal Harbor Development Corporation, a public authority, is ruled by the Urban Development Corporation Act under New York State Law. Section 16 of the Urban Development Corporation Act states that the public authority is supposed to "give primary consideration to local needs and desires and ....foster local initiative and participation in connection with the planning and development of its projects. The ECHDC is also required to "work closely, consult and cooperate with local elected officials and community leaders at the earliest practicable time." A CBA is a mechanism that could assist and facilitate meeting these goals outlined in NY State Law. The article does go on to say that government intervention is deemed unnecessary except in the case of public subsidies. The Canal Side Development project is heavily subsidized, both on the front end of the project, as well as the back end. The project area is within an Empire Zone which allows Bass Pro, Benderson and other private companies interested in developing there to tax credits through the NY States Empire Zone program. Companies will also have the opportunity to apply to local Industrial Development agencies to receive tax exemptions and other publically subsidized incentives. Simply put, the taxpayer is investing significant public dollars into this project beyond the initial $154 Million. It is the State, County, and local Governments responsibility to insure that tax payers money is being spent wisely and that community benefits are a produced. Members of the research team in NYC also claimed that that "the agreements may foster corruption," and cited a specific instance where a City Councilman acted inappropriately to advance the contract of an associate. The Canal Side Community Alliance is in no way shape or form demanding the use of specific contractors, contracts, or the type or dictating who received contracts. The Common Council's role should not be to enter into a private contract with the Erie Canal Harbor Development Corporation, but rather ensure that enforceable standards are in place prior to relinquishing a valuable community asset, the city controlled waterfront property. It is essential to remember that the process here in Buffalo, NY, looks vastly different than the planning and development process in New York City. Mr. Levy's analysis and suggested application of the proposal outlined by the New York City Bar Association, is flawed and disregards the fundamental distinctions between NYC and Buffalo, NY. We also have our concerns with the projections outlined in the Draft Generic Environmental Impact Statement included with Chairman Levy's letter, for four critical reasons; 1.) The projections cited by Chairman Levy assume a certain number of overnight visitors to this retail destination, but given that Bass Pro currently has stores near Auburn, Toronto, and Toledo it is unclear how the store would attract a significant number of overnight visitors. Additionally, there is currently no guarantee that Bass Pro would not open a new store in an even more proximate market, such as Erie or Rochester. Such a move would likely lead to lower than projected sales at the proposed Buffalo store. 2.) The projections span over a 30 year period. It is extremely likely that Bass Pro will require more subsidies to sustain the huge store and more subsidies will be necessary to dole out to businesses in order to entice and retain them. 3.) The independent economic impact analysis was performed by one source, hired by the Harbor Corp. What does the economic impact analysis actually looking at? According the Erie Canal Harbor Development Corporation's website and other documents from as late as December, 2009, the average annual wage for long term employment was $22,500. Only recently has this number grown exponentially, by nearly $8,000. However there have been no alterations to the plans regarding the types of long term jobs that will be produced as a result of the project. This begs the question, how did the Erie Canal Harbor Development Corporation arrive at these numbers and what caused the severe increase in average annual wage? Most importantly perhaps, has the city performed its own economic impact analysis? 4.) The projections cited by Chairman Levy describe a full build -out over thirty years. However, section 3.7 of the document he cites (DGEIS) states that "the Project would incorporate a phased, market -based build out." While the Bass Pro store and much of its supporting infrastructure falls within the Initial Canal Side Build Phase, the remainder of the project "would be built out in accordance with a schedule to be agreed to by ECHDC and its development partners and, in part, would be based on market demand and other economic factors." The figures cited by Chairman Levy do not distinguish between jobs and revenue generated by the initial build, and those generated by the market -based build. It remains unclear how much of this revenue and job growth would be lost should the market -based build not occur in a timely manner, or at all. The Canal Side Community Alliance continues to feel encouraged by the proposed development project on our historic waterfront. We have worked extremely hard to open up a dialogue with the Erie Canal Harbor Development Corporation, not to fundamentally alter the plans for the project, but rather to improve upon it. The 40 community organizations that make up the Canal Side Community Alliance extend their appreciation for the leadership of the Common Council, as well as the clear commitment members of the Common Council have demonstrated to ensure that this development project produces authentic community goods in both the short and long term. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO 73 BFLO WTR BD -NEG DECLARATION- MANAGEMENT OF THE OPERATION & MAINTENANCE OF THE BFLO WTR SYSTEM Notice of Determination of Non - Significance This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Conservation Law. The Buffalo Water Board as lead agency, has determined that the proposed action described below will not have a significant environmental impact and a Draft Impact Statement will not be prepared. Name of Action: Management of the Operation and Maintenance of the Buffalo Water System. SEQR Status: Unlisted Conditioned Negative Declaration: No Description of Action: The Buffalo Water Board, as owner of the City of Buffalo Water System, as defined below, entered into a Management Agreement with the American Water Services Operations and Maintenance, Inc. (AWS) as of July 1, 2003. Pursuant to this Management Agreement, AWS has managed the operation, maintenance and repair of the Buffalo Water System. The action has involved issuance of a Request for Qualifications and Request for Proposals from qualified professional managers of public water systems, a determination of whether to continue to use AWS or another professional manager of the Buffalo Water System for a term between five to ten years, or to allow the 2003 Management Agreement to expire of its own terms, and allow the City of Buffalo, using City of Buffalo employees to manage the operation, maintenance and repair of the Water System. Location: City of Buffalo (Erie County). SEQR Negative Declaration Reasons Supporting This Determination: (See 617.7(a) -(c) for requirements of this determination; see 617.7(d) for Conditioned Negative Declaration) Pursuant to Part 617.6 of the regulations promulgated by the New York State Department of Environmental Conservation ( "SEQRA Regulations "),the Buffalo Water Board, as lead agency, has considered the Management of the Operation and Maintenance of the Buffalo Water System (the "SEQRA Action ") and has reviewed the completed short form Environmental Assessment Form ( "EAF ") and the criteria for determining significance in the SEQRA Regulations. In doing so, the Buffalo Water Board has not identified any relevant areas of environmental concern that could have a significant adverse impact on the environment. Throughout the past five year term, as extended, of the 2003 Management Agreement, City of Buffalo employees assigned to the City's Water Division, have conducted the actual operation, maintenance and repair of the Buffalo Water System, under the management of AWS. These employees will continue to operate, maintain and repair the Buffalo Water System with or without AWS' assistance. The Buffalo Water Board has determined, based upon its review of management options, that management of the Buffalo Water System by a professional manager or the Commissioner of Public Works, with the assistance of additional management employees, will not have a significant adverse impact on the environment. If Conditioned Negative Declaration, provide on attachment the specific mitigation measures imposed, and identify comment period (not less than 30 days from date of publication in the ENB) For Further Information: Contact Person: Steven J. Stepniak, Commissioner Address: Department of Public Works, Parks and Streets, 502 City Hall, Buffalo, NY 14202 Telephone Number: (716) 851 -5636 For Type 1 Actions and Conditioned Negative Declarations, a Copy of this Notice is sent to: Chief Executive Officer, Town /City /Village of Other involved agencies (if any) Applicant (if any) Environmental Notice Bulletin, Room 538, 50 Wolf Road, Albany, NY 12233 -1750 (Type One Actions only) RECEIVED AND FILED NO 74 BFLO WTR BD -RES MANAGEMENT OF THE OPERATION AND MAINT. OF THE BFLO WTR SYSTEM WILL NOT HAVE A ADVERSE IMPACT ON THE ENVIRONMENT RESOLUTION OF THE BUFFALO WATER BOARD THAT THE DETERMINATION OF THE MANAGEMENT OF THE OPERATION AND MAINTENANCE OF THE BUFFALO WATER SYSTEM WILL NOT HAVE A SIGNIFICANT ADVERSE IMPACT ON THE ENVIRONMENT AND A NEGATIVE DECLARATION TO THAT EFFECT WILL BE ISSUED. WHEREAS, the Buffalo Water Board (the "Water Board ") was created by New York Public Authorities Law (the "Public Authorities Law ") Section 1049 (the "Water Board Act ") and is authorized and empowered by the Buffalo Municipal Water Finance Authority Act, Public Authorities Law Article 2 -B (the "Act ") to enter into contracts with the City of Buffalo (the "City ") and the Buffalo Municipal Water Finance Authority (the "Authority ") to provide for the acquisition, financing, improvement, operation, maintenance and repair of the water treatment system and water distribution system constituting the City of Buffalo's water system (the "System "); and WHEREAS, pursuant to the provisions of the Act, the Water Board acquired the System from the City as of September 24, 1992; and WHEREAS, the City and the Water Board have determined that it is appropriate and in the public interest that the Water Board manage, operate, maintain, repair and improve the System pursuant to the powers granted by Sections 1048 -g and Section 1048 -j of the Act; and WHEREAS, the City and the Water Board have amended that certain Operation Agreement by and between the City and the Water Board, dated as of September 24, 1992, by an Amendment dated as of August 1, 1997 (the "Operation Agreement ") to provide that the Water Board shall manage, operate, maintain, repair and improve the System and that the Water Board may use the services of employees and officers of the City, as provided for by the Act, in the provision of such services; and WHEREAS, the City, the Water Board and the Authority have amended that certain Financing Agreement by and among the City, the Water Board and the Authority, dated as of September 24, 1992, by an Amendment dated as of August 1, 1997 (the "Financing Agreement ") providing, among other things, for the use by the Water Board of revenues from the operation of the System to pay for the costs of managing, operating, maintaining, improving and repairing the System by the Water Board; and WHEREAS, the Water Board entered into a Management Agreement with American Water Operations and Maintenance, Inc. (formerly known as American Water Services Operations and Maintenance, Inc.) on July 1, 2003, as amended and extended (the "2003 Management Agreement "); and WHEREAS, the term of the 2003 Management Agreement, as amended and extended, is about to expire; and WHEREAS, the Water Board has reviewed various proposals submitted by Veolia Water North America - Northeast, LLC ( "Veolia') and competitors thereof in response to the Requests for Proposals issued for the management of the operation, maintenance, repair and improvement of the System (the "Action ") and upon completion of such review of such competitive proposals, the Water Board is in the process of determining whether to enter into a contract with Veolia, an operating subsidiary of Veolia Water North America Operating Services, LLC, to provide such professional management services for the operation, maintenance, repair and improvement of the System; and WHEREAS, on December 12, 2007, the Water Board determined that it would serve as Lead Agency pursuant to the State Environmental Quality Review Act ( "SEQRA "), and a notice of such Lead Agency designation was sent to various involved mad interested agencies on December 12, 2007; and WHEREAS, the Water Board, through its appropriate officers has identified and contacted all other potentially involved and interested agencies in the Action (the "Agencies ") and has requested these Agencies' consent to the Water Board's designation of Lead Agency for SEQRA review of the Action; and WHEREAS, all of the identified potentially Involved Agencies have consented or not objected to the Water Board's proposal to be Lead Agency for the Action; and WHEREAS, the Water Board, as Lead Agency, in making a Determination of Significance with respect to the Action, has considered the Action, has examined the completed Short Environmental Assessment Form and has reviewed and discussed each and every criteria for determining significance set out in Part 617.7 of the SEQRA Regulations. NOW, THEREFORE, BE IT RESOLVED: (1) Based upon a consideration of the Action, an examination of the completed Short Environmental Assessment Form, a review and discussion of each and every criteria for making a Determination of Significance set out in Part 617.7 of the SEQRA Regulations, and such further investigation of the Action and its environmental effects, if any, as the Water Board has deemed appropriate, the Water Board makes the following findings with respect to the Action: (a) No potentially large impacts on the environment from the Action are identified in the Short Environmental Assessment Form. (b) The Action is not expected to trigger any significant adverse impacts, including those examples of impacts listed in Part 617.7 of the SEQRA Regulations. (2) Based upon the foregoing investigation of the potential environmental impacts of the Action and considering both the magnitude and importance of each potential environmental impact, the Water Board makes the following determinations: (a) The Action will not have a significant adverse impact on the environment and an environmental impact statement will not be prepared with respect to the Action; and (b) The Water Board hereby authorizes and directs its appropriate officers to prepare a Notice of Determination of Non - Significance ( "Negative Declaration ") and to file such Notice, in accordance with the terms of SEQRA and the SEQRA Regulations, and to take such other actions, upon the advice of legal counsel, as may be necessary or appropriate. At a meeting of the Buffalo Water Board, convened in public session at 502 City Hall, Buffalo, New York, on April 14, 2010 at 8:00 o'clock a.m., the foregoing resolution was offered by Donna Estrich and seconded by William Sunderlin, and adopted by unanimous vote of the Board. CERTIFICATION I, Peter Merlo, Secretary of the Buffalo Water Board in the County of Erie, State of New York, HEREBY CERTIFY that the foregoing resolution, entitled "Resolution of the Buffalo Water Board that the determination of the management of the Buffalo Water System will not have a significant adverse impact on the environment and a negative declaration to that effect will be issued" was duly adopted by the Buffalo Water Board and the Members thereof at a public meeting thereof duly called and held on April 14, 2010 at which a quorum was present and acting throughout, and that the foregoing resolution has been compared by me with the original thereof as amended as officially recorded in my office in the records of said Buffalo Water Board and is a true, complete and correct copy therefrom and of the whole of said original, and that said resolution has not otherwise been amended or repealed but is in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and seal of said Board this 20 day of April, 2010. ADOPTED NO 76 BFLO WTR BD -SEQR SHORT ENVIRON ASSMT FORM — MANAGEMENT BFLO WTR SYS Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I - PROJECT INFORMATION (To be completed by Applicant or Project Sponsor) 1. APPLICANT /SPONSOR 2. PROJECT NAME Buffalo Water Board Management of the Buffalo Water System 3. PROJECT LOCATION: Municipality City of Buffalo County of Erie 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map) City of Buffalo, New York water system, including but not limited to, all water supply, treatment, transmission and distribution systems and facilities. 5. PROPOSEDAGTION IS: Modification /alteration 6. DESCRIBE PROJECT BRIEFLY: The Buffalo Water Board proposes to issue a Request for Qualifications (RFQ) and Request for Proposals (RFP) to examine management alternatives and to identify qualified professional managers and to determine the best management alternative, including entry into a management agreement with a professional manager to manage the Buffalo Water System. 7. AMOUNT OF LAND AFFECTED: Initially 26.880+ acres Ultimately 26,880+ acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? Yes 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? Residential, Industrial, Commercial, Park/Forest /Open Space, Other Describe: Project covers the entire City of Buffalo and all land uses allowed by the ordinances of the City of Buffalo. 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? No 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? Yes If Yes, list agency(s) name and permit /approvals: United States Environmental Protection Agency. New York State Department of Health. New York State Department of Environmental Conservation. 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT /APPROVAL REQUIRE MODIFICATION? No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Buffalo Water Board 4/21/2010 RECEIVED AND FILED PETITIONS NO 76 G. HILL, AGENT, USE 1346 KENSINGTON FOR A TAKE OUT RESTAURANT (PUB HRG 5 /18)(UNIV) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO 77 D. SILVERSTEIN, OWNER, USE 220 ALLEN ALTERATION FOR EXISTING REST & CREATE OUTDOOR CAFE (PUB HRG 5 /18)(ELL) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO 78 P. FADALE, AGENT, USE 2303 DELAWARE FOR A GROUND SIGN (NO HRG )(DEL) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD REGULAR COMMITTEES CIVIL SERVICE (BONNIE E. RUSSELL, CHAIRPERSON) NO 79 APPT GENERAL MECHANIC (SLOMBA)(PERM)(INTERM)(PW) (CCP# 30, 4/27) Mrs Russell moved That Communication of 30 of April 27, 2010, be received and Filed and that the Permanent appointment of Paul F. Slomba, 31 Ryan Street, Buffalo, NY 14210 at the Intermediate Salary of $36,095.00 is hereby approved. PASSED AYES -9 NOES -0 NO 80 APPT SUPERVISOR OF RINKS AND POOLS (DZIEDZIC)(TEMP)(INTERM)(PW) (CCP #31,4/27) Mrs Russell moved That Communication of 31 of April 27, 2010, be received and Filed and that the Temporary appointment of Jeffrey D. Dziedzic, 24 Eden Street, Buffalo, NY 14220 at the Intermediate Salary of $38,425.00 is hereby approved. PASSED AYES -9 NOES -0 NO 81 APPT SR SPECIAL ASST TO COMM OF EDPI(ESZAK)(EXEMPT)(MAX)(EDPI) CCP#44, 4/27 Mrs. Russell moved That the above item be the same and hereby is Received and Filed ADOPT NO 82 NOTICES OF APPOINTMENTS TEMP /PROV /PERM(CTY CLK) CCP #53, 4/27 Mrs. Russell moved That the above item be the same and hereby is Received and Filed ADOPT NO 83 RESPONSES MMM CALLING FOR A MORATORIUM ON HIRING BFLO FIRE DEPT /CONCERNS REQ PROCESS OF BECOMING A BFLO FIREFIGHTER(HR) COP #3 2, 3/16 Mrs. Russell moved That the above item be the same and hereby is Received and Filed ADOPT NO 84 MMM CALLING FOR A MORATORIUM ON HIRING BFLO FIRE DEPT CCP #58, 03/02 Mrs. Russell moved That the above item be the same and hereby is Received and Filed ADOPT NO 85 MMM CONCERNS REG PROCESS OF BECOMING A BUFFALO FIREFIGHTER(#48, 2/16) CCP #59, 03/02 Mrs. Russell moved That the above item be the same and hereby is Received and Filed ADOPT FINANCE (MICHAEL P. KEARNS, CHAIRMAN) NO 86 AMENDATORY AGREEMENT WITH THE BUFFALO OLMSTED PARKS CONSERVANCY AND LIVING WAGE EXEMPTION (ITEM NO. 1, C.C.P.; APR. 27, 2010) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Kearns moved: That the above - mentioned item be and the same is hereby received and fled. ADOPTED. COMMUNITY DEVELOPMENT (MICHAEL J. LOCURTO, CHAIRMAN) NO 87 CONTRACT WITH CAMIROS FOR DEVELOPMENT OF LAND USE PLANS CITYWIDE AND A NEW ZONING ORDINANCE (ITEM NO. 2, C.C.P., APR. 27, 2010) That Mayor be, and he hereby is authorized to execute the Agreement between the City of Buffalo and Camiros, Ltd. for the development of land use plans citywide and a new zoning ordinance for the City of Buffalo, subject to revision of non - essential terms as determined by the City of Buffalo Law Department. PASSED AYES -9 NOES -0 NO 88 HOLY FAMILY SENIOR HOUSING DEVELOPMENT PILOT AGREEMENT (ITEM NO. 10, C.C.P., APR. 27, 2010) That Mayor be, and he hereby is authorized to execute the Agreement between the City of Buffalo, County of Erie and Holy Family Housing Development Fund Company I, Inc. for payments in the amount of three percent (3%) of the total income of gross rent assuming a five percent (5%) vacancy. Payments will increase by three percent (3%) per year for the duration of the 15 -year PILOT. PASSED AYES -9 NOES -0 NO 89 ST. MARTIN VILLAGE PILOT AGREEMENT - 564 DODGE (ITEM NO. 21, C.C.P., APR. 27, 2010) That Mayor be, and he hereby is authorized to execute the Agreement between the City of Buffalo, County of Erie and St. Martin Village Housing Development Fund Company, Inc. for payments in the amount of three percent (3%) of the total income of gross rent assuming a five percent (5%) vacancy. Payments will increase by three percent (3%) per year for the duration of the 15 -year PILOT. PASSED AYES -9 NOES -0 NO 90 A. THOMPSON -METRO HOUSING PROTECTION AGENCY PROPOSAL (#43, 2/2) That the above item be the same and hereby is Received and Filed. ADOPTED NO 91 D. PONTON- RESPONSE BUFFALO STATE COLLEGE STUDENT HOUSING (#45, 12/22)( #74, 1/19) That the above item be the same and hereby is Received and Filed. ADOPTED NO 92 BUFFALO STATE COLLEGE STUDENT HOUSING (EXCEPT 1ST & 2 ND RES) ( #83, 12/8) That the above item be the same and hereby is Received and Filed. ADOPTED NO 93 M. LOCURTO- CASINO TOPICS OF DISCUSSION (#41, 3/18) That the above item be the same and hereby is Received and Filed. ADOPTED LEGISLATION (JOSEPH GOLOMBEK JR., CHAIRMAN) NO. 94 DESIGNATION OF NOMINEES FOR APPOINTMENT MEMBER TO THE BOARD OF TRUSTEES OF THE BUFFALO AND ERIE COUNTY LIBRARY (ITEM NO. 3, C.C.P., APR. 27, 2010) That the designated nominees to the Board of Trustees of the Buffalo and Erie County Public Library of Richard L. Berger, 760 West Ferry, Jessica Maglietto, 480 Woodward and Susan Gonzalez, 311 Lakefront Boulevard are hereby approved. PASSED AYES -9 NOES -0 NO. 95 NOTIFICATION SERIAL # 10548 -49(EXCEPT # 10552) (PW)( #25, 4/27) That the above item be the same and hereby is Received and Filed. ADOPTED NO. 96 CALLING NYSDOT TO INCLUDE A MULTIWAY BLVD OPTION IN STUDY TO COVER PORTIONS OF RTE 33 ITEM# 102, CCP APR 27, 2010 Mr. Golombek moved to Receive and File Above Item ADOPTED NO. 97 M. GIAQUINTO -BLUE CROSS AGE 29 LAW That the above item be the same and hereby is Received and Filed. ADOPTED ( #29, 3/2) RESOLUTIONS NO. 98 BY: MR. GOLOMBEK CITY OF BUFFALO LOCAL LAW NO. -- (2010) INTRODUCTORY NO. 1 (2010) A LOCAL LAW amending the Charter of the City of Buffalo in relation to Chapter 18, Boards and Commissions and particularly § §18 -34 through 18 -37 relating to the Board of Parking BE IT ENACTED BY THE COMMON COUNCIL OF THE CITY OF BUFFALO AS FOLLOWS: Section 1: That Article 18 of the Charter of the City of Buffalo, adopted pursuant to law, is hereby amended as follows: § 18 -34 Board of Parking The Board of Parking shall [be the head of the Division of Parking.] advise the Department of Darkina and perform the functions as set forth in & &l8 -35 throuah 18 -37 hereof. § 18 -35 Appointment and Removal. Subject to confirmation by the Council, the Mayor shall appoint eleven qualified electors of the City to be members of the Board of Parking for staggered seven -year terms except appointments made on or after April 1, 2007, in which case for staggered five -year terms. Vacancies in the Board shall be likewise filled for the unexpired portion of such term. The Mayor shall designate from among the members— the Chair of the Board— and may, from time to time, change such designation. The Mayor may, at any time, remove a member for reasons stated in writing, after an opportunity to be heard. § 18 -36 The Board shall be charged with the duty of making complete and comprehensive studies and investigations to determine the extent and character of parking demands in the City of Buffalo; of making surveys and inventories of existing parking facilities, both curb and off - street spaces; of making estimates of the cost of the acquisition of real property necessary for or incidental to the construction or operation of parking garages or parking spaces; of making estimates of the cost of the construction or establishment on such real property of public parking garages or public parking spaces and for the maintenance and operation thereof. It shall have: (a) Control, management and operation of parking garages and parking spaces owned, or otherwise held— by the City for such purposes and may— subject to approval by Resolution or Ordinance of the Council, lease the same, fix and establish a schedule of charges for the use of such parking garages and parking spaces and issue permits for such use in accordance with such schedule of charges; (b) Supervision, regulation, and enforcement of all rules, regulations, or ordinances appertaining or relating to parking lots and areas throughout the city; and (e) Such other duties as may be assigned to said board by Local Law, Ordinance, or Resolution of the Common Council, The Board may recommend to the council the sale, lease or other disposal, as authorized by law— of any real property acquired by the City for parking garages or parking spaces. It shall encourage parking garages and parking spaces and shall coordinate the same with parking garages and parking spaces owned by the City and with existing private facilities with the view of relieving traffic congestion and promoting and aiding in the clearance, replanning, reconstruction, and rehabilitation of substandard and insanitary areas in the city. [The board may appoint and, at its pleasure, remove a director of parking who] The Commissioner of the Department of Parkina pursuant to Article 17 -A of the Citv Charter shall be the Chief Executive Officer of the Board and shall, subject to its direction: maintain I -A] -all records relating to the leasing of said lands used for parking lots, together with a copy of all documents, policies, and instruments given as security for the payment of indebtedness upon the leases thereof or to indemnify the City therefore by reason of fire, liability, or damage thereto, shall be filed within the [division] Department of Parking. When said lands are no longer required for such use— and such purpose has terminated— the jurisdiction thereof shall be transferred to, and be supervised and managed by, the Division of Real Estate and all said records shall be filed with the Division of Real Estate. [The board may recommend to the council the sale, lease or other disposal, as authorized by law, of any real property acquired by the city for parking garages or parking spaces, it shall encourage parking garages and parking spaces owned by the city and with existing private facilities with the view of relieving traffic congestion and promoting and aiding in the clearance, replanning, reconstruction, and rehabilitation of substandard and insanitary areas in the city. The board may appoint and, at its pleasure, remove a director of parking who] The Commissioner shall be the Chief Executive Officer of the Board and shall [, subject to its discretion,] have supervision and management of the affairs of the [division] Department of Parking and of its employees, and shall appoint such other persons to positions as shall be provided by Ordinance, The Board may from time to time, enact orders, rules and regulations not inconsistent with general law or any Local Law or Ordinance for the regulation of its activities and the management and discipline of its officer and employees. §18 -37 Board Meetings The Board of Parking shall hold stated meetings at least twice a month and as more often as the Board determines and the Chairman may call special meetings. A majority of the Board shall constitute a quorum for the transaction of business. 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. This local law is not subject to mandatory referendum because the subject matter is not enumerated in the Municipal Home Rule Law as a category requiting a referendum. APPROVED AS TO FORM ONLY: Note Matter underlined is new, matter in brackets is to be deleted REFERRED TO THE COMMITTEE ON LEGISLATION NO. 99 BY: MR. GOLOMBEK CITY OF BUFFALO LOCAL LAW NO. (2010) INTRODUCTORY NO. — (2010) A LOCAL LAW amending the Charter of the City of Buffalo in relation to the Department of Human Resources BE IT ENACTED BY THE COMMON COUNCIL OF THE CITY OF BUFFALO AS FOLLOWS: Section 1: That Article 11 of the Charter of the City of Buffalo, adopted pursuant to taw, is hereby added as follows" ARTICLE 11 Department of Human Resources (§ 11 -1 -- § 11- [17]1 -.5) § 11 -1 Commissioner of Human Resources.. The commissioner of human resources shall be the head of the department of human resources. § 11 -2 Appointment; Removal. Before a commissioner of human resources is appointed, the mayor shall appoint a search committee of no more than five (5) city residents with professional training or experience In human resource matters, at least one of whom shall have such training or experience in the public sector, which committee shall recommend candidates for the position of commissioner of human resources. The mayor shall appoint, subject to confirmation by the common council, one of said candidates as commissioner of human resources for a term of six (6) years. The commissioner shall not be removed by the mayor except for inadequate performance or other cause shown after a heating upon stated charges. § 11 -3 Qualifications. The commissioner of human resources shall have a bachelor's degree from an accredited college or university, and shall have a minimum of five (5) years of senior human resource management experience. § 11 -4 Duties and Powers of Commissioner. The commissioner of human resources shall have the duties and powers of a municipal civil service commission as provided by the civil service law. He or she shall be responsible for all personnel matters including, but not limited to, the recruitment of candidates to fill all appointive positions, the negotiation and administration of all collective bargaining agreements, the supervision of all employee training and evaluation programs, the enforcement of all residency requirements of state and local law, the coordination of all programs which seek city wide compliance with the requirements of affirmative action and the Americans with disabilities act, and the administration of all city compensation and benefits programs. The commissioner of human resources shall also be responsible for the formulation of a uniform performance review system and a merit based compensation system for all city employees, and shall work with the commissioners of each city department to assist in the implementation of such systems in their respective departments to the fullest extent possible under current law and existing collective bargaining agreements. The commissioner of human resources shall, no later than sixty (60) calendar days after the execution of a collective bargaining agreement, prepare a report stating the total estimated costs and budgetary and economic impact of such agreement, and file same within said period with the common council. The commissioner of human resources shall report directly to the mayor on all matters affecting the department. The commissioner of human resources shall be an ex officio member of the citizens salary review commission. § 11 -5 Divisions. There shall be in the department of human resources the following divisions: (a) Division of Personnel. [(b) Division of Employee Relations] [(e)]-b. Division of Compensation and Benefits [(d)]-c Division of Civil Service Division of Employment and Training § 11 -6 Director of Personnel; Appointment; Qualifications. The head of the division of personnel shall be the director Of ibersOnnel. He or she shall be appointed by, and serve at the pleasure of, the commissioner of human resources. The director shall have a minimum of five (5) years experience in senior personnel management position, with recruitment or training specialization, and should possess a bachelor's degree from an accredited college or university. § 11 -7 Duties and Powers of Director. The director of personnel shall be a deputy of the commissioner of human resources, and shall have authority to act generally for and in place of the commissioner. He or she shall be responsible for the uniform enforcement of all requirements on residency and affirmative action and Americans with disabilities act. He or she shall review and investigate complaints from employees on policies and procedures, prepare workshops for newly hired employees, coordinate training and civil service examination preparation, develop and implement recruiting efforts for city employment, manage employee communications, create and maintain policy manuals and employee handbooks to encourage effective communication between management and employees, prepare and conduct training programs for current employees for sensitivity, sexual harassment, occupational safety and any other related personnel issues, including implementing any city wide performance review programs and merit based compensation systems and other duties as may be delegated by the commissioner of human resources. The director of personnel shall also be responsible for analyzing staffing levels of each city department, including filled and unfilled positions— the number of temporary and provisional positions, and the preparation of a comprehensive report with recommendations for the reduction or consolidation of positions which shall balance budgetary savings with effective city operations. This report shall be prepared annually, submitted to the mayor, and filed with the common council prior to the last day of January of each year. He or she shall analyze statistical data and other information concerning all aspects of employment functions in order to identify and determine causes of personnel problems and submit recommendations for improvement related to the city's employment policies and procedures. § 11 -8 Equal Employment Opportunity Coordinator. The mayor shall designate a person to assume the duties of the equal employment opportunity coordinator as established by the equal employment opportunity program of the city of Buffalo pursuant to item number two hundred seventy -eight of the common council proceedings of July eighth, nineteen hundred seventy -five, and item number three hundred twenty -five of the common Council proceedings of July twenty- second, nineteen hundred seventy -five. [Division of Employee Relations § 11 -9 Director of Employee Relations; Appointment; Qualifications. The head of the division of employee relations shall be the director of employee relations. The director shall be appointed by, and serve at the pleasure of, the commissioner of human resources. The director shall have a minimum of five (5) years experience in the negotiation and administration of collective bargaining and other employee agreements, and should possess a bachelor's degree from an accredited college or university. § 11 -10 Duties and Powers of Director. The director of employee relations shall be a deputy of the commissioner of human resources, and shall have authority to act generally for and in place of the commissioner, The director shall be responsible for the negotiation and administration of collective bargaining agreements with employee organizations. The director shall seek to include in such agreements provisions for city wide performance review programs and merit based compensation systems. He or she shall also be responsible for the processing of all grievances and reporting on the fiscal impact of same, for the conduct of all disciplinary actions mandated by the city's collective bargaining agreements or the provisions of civil service law, and for such other duties as may be delegated by the commissioner of human resources. The director shall have direct access to the mayor in his or her capacity as the principal city representative in the negotiation of collective bargaining agreements.] Division of Compensation and Benefits § 11 -[1119 Director of Compensation and Benefits; Appointment; Qualifications. The head of the division of compensation and benefits shall be the director of compensation and benefits. The director shall be appointed by, and serve at the pleasure of, the commissioner of human resources. The director shall have a minimum of five (5) years experience in the administration of compensation and benefits, and should possess a bachelor's degree from an accredited college or university. § 11- [12]10 Duties and Powers of Director. The director of compensation and benefits shall be a deputy of the commissioner of human resources, and shall have the authority to act generally for and in place of the commissioner. The director shall be responsible for the administration and coordination of all employee benefit and wellness programs, and for the establishment of salary surveys and merit pay programs consistent with the city's performance appraisal system including, where possible, incentive pay programs designed to provide competitive pay in order to attract highly qualified persons, § 11- [13]11 Administrative Director; Appointment; Qualifications. The head of the division of civil service shall be the administrative director of civil service. He or she shall be appointed by, and serve at the pleasure of, the commissioner of human resources. The administrative director shall have five (5) years of full time experience in the field of personnel, public administration or law, two years of which must have been in a responsible supervisory capacity and should possess a bachelor's degree from an accredited college or university. § 11- [14]12 Duties and Powers of the Administrative Director. The administrative director shall be a deputy of the commissioner of human resources and shall have the authority to act generally for or in place of the commissioner. He or she shall be responsible for the interpretation and enforcement of the provisions of civil service law and rules for the classified civil service of the city of Buffalo and the administration of the city's civil service examination program and job classification plan; The administrative director shall also be responsible for certification of eligible, payroll certifications, preparation and maintenance of job specifications and personnel records and shall act as an advisor to legislators, department heads, employees and the general public on the interpretation of civil service law, related rules and regulations and the procedures to be followed in order to conform with civil service law and rules. § 11- [15113 Rules, Regulations and Appeals. The commissioner of human resources shall promulgate rules for the administration of classified civil service in the city of Buffalo as authorized by the civil service law of New York and approved by the New York state civil service commission; Such rules shall include provisions for appeals to be heard by a civil service appeals board with authority to render advisory rulings to the commissioner of human resources. § 11- [16114 Civil Service Appeals Board. Any administrative decision involving the interpretation or application of such roles shall, at the request of any person involved in or aggrieved by such a decision, be referred to the civil service appeals board. The matter shall be heard by the civil service appeals board and upon the conclusion of the hearing, the said board shall render a written opinion and recommendation to the commissioner of human resources. The civil service appeals board shall consist of six (6) unsalaried citizens of the city of Buffalo appointed by the mayor who shall also designate one of the appointees to serve as chairman. All appointments by the mayor shall be subject to confirmation by the common council. The term of each of the members of the appeal board shall be three (3) years except that in appointing members to the initial board— the mayor shall appoint two members for a one year term, two members for a two year term and two members for a three year term so that in each succeeding year, the terms of two members of the appeals board shall expire. Each member shall continue to serve until the appointment and qualification of that member's successor. Vacancies on said board occurring other than by expiration of the term shall be filled for the unexpired term. § U- [17]15 Effective Date of Article. The existing municipal civil service commission shall continue to administer the provisions of the civil service law until the first day of July, 2001, at which time the commissioner of human resources will be responsible for administering the provisions of the civil service law. All other provisions of this article shall become effective on the first day of July, 2000. 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. This local law is not subject to mandatory referendum because the subject matter is not enumerated in the Municipal Home Rule Law as a category requiring a referendum. NOTE: Matter underlined is new, matter in brackets is to be deleted. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 100 BY: MR. GOLOMBEK CITY OF BUFFALO LOCAL LAW NO. -- (2010) INTRODUCTORY NO. 3 (2010) A LOCAL LAW amending the Charter of the City of Buffalo in relation to the Department of Law BE IT ENACTED BY THE COMMON COUNCIL OF THE CITY OF BUFFALO AS FOLLOWS: ARTICLE 12 : Department of Law (§ 12 -1 — § 12- [12114 § 12 -1 Corporation Counsel. The Corporation Counsel shall be the head of the Department of Law. § 12 -2 Appointment; Removal. The Corporation Counsel shall be appointed by the Mayor, subject to confirmation by the Council and shall be removable at the pleasure of the Mayor. § 12 -3 Qualifications. The Corporation Counsel shall possess a Juris Doctor degree from an accredited law school and a license to practice law as an attorney and counselor at law in the state of New York and must also possess at least five years experience as an attorney. § 12 -4 Duties and Powers. The Corporation Counsel shall prosecute and defend all actions and proceedings brought by or against the City or any of its officers, departments, commissions, board, or other agencies, in hiding the Board of Education and the Buffalo Sewer Authority, Upon taking office he or she shall be [deed] deemed substituted for his or her predecessor in office, without an order of the court, as attorney of record in any such action or proceeding then pending. The Corporation Counsel shall institute and conduct all legal proceedings by the City in the exercise of its powers and eminent domain and shall act as prosecutor for violations of City Ordinances and other laws not otherwise prosecuted within the City. The Corporation Counsel shall prepare or approve as to form all Local Laws and ordinances before they are enacted by the Council and shall prepare or approve as to form all proposals for 1 public work or service, materials, supplies and equipment, and all contracts, bonds, obligations and all legal instruments in which the City may be interested— except as otherwise provided by title four of article two of the Local Finance Law. The Corporation Counsel shall collect all past due accounts, revenues and other moneys owing to the City and shall participate in the negotiation and arbitration of labor matters involving City employees. He or she shall prepare or approve as to form all contracts or leases involving the City or its officers, agents and employees. When requested, the Corporation Counsel shall advise the Council and any committee thereof, any department, commission, board or agency of the City in respect to its powers and duties, and in reference to any unliquidated claims asserted against the City. He or she shall examine and approve the title of all real property acquired by the City. The Corporation Counsel shall negotiate, implement and monitor franchise agreements for the use of the public rights -of -way and shall discharge such other duties as properly pertain to the Law Department of the City. When necessary, the Corporation Counsel shall have the power to designate the need for counsel outside of the Law Department to deal with conflicts of interest or special circumstances § 12 -5 Deputy Corporation Counsels. The Corporation Counsel may appoint, and at pleasure remove, a Senior Deputy /Special Corporation Counsel, and a Deputy Corporation Counsel. The Senior Deputy /Special Corporation Counsel shall, during the absence or disability of the Corporation Counsel, possess all the powers and perform all the duties of the Corporation Counsel, and the Deputy Corporation Counsel shall, during the absence or disability of the Corporation Counsel and the Senior Deputy /Special Corporation Counsel, possess all the powers and perform all the duties of the Corporation Counsel. The Senior Deputy /Special Corporation Counsel shall possess a Juris Doctor degree from an accredited law school and a license to practice law as an Attorney and Counselor at Law in the State of New York and must also possess at least five years experience as an attorney. The Deputy Corporation Counsel shall possess a Juris Doctor degree from an accredited law school and a license to practice law as an attorney and counselor at law in the State of New York and must also possess at least five years experience as an attorney. The Senior Deputy /Special Corporation Counsel shall administer the Bureau of Administrative Adjudication. The Senior Deputy Corporation Counsel /Special Counsel shall also at the direction of the Mayor, monitor and investigate the activities of the Buffalo Municipal Housing Authority and other municipal agencies and authorities and report to the Mayor any findings and make recommendations for more efficient operations or corrective actions as necessary. Said Deputy Corporation Counsels shall have and perform legal, supervisory and administrative duties and such other additional duties as may be from time to time assigned to them by the Corporation Counsel. In the event of the death of the Corporation Counsel, or a vacancy in that office, the Senior Deputy /Special Corporation Counsel shall act as Corporation Counsel until the appointment and qualification of a Corporation Counsel. Division of Emplovee Relation &12 -6 Director of Emplovee Relations: Appointment: Qualification The head of the Division of Emplovee Relations shah be the Director of Emplovee Relations. The Director shall be appointed bv. and serve at the pleasure of. the Corporation Counsel. The director shall have a minimum of five (5) vears experience in the neaotiation and administration of collective baraainina and other emplovee aareements. and should possess a Bachelor's Decree from an accredited Colleae or Universitv or an eauivalent combination of trainina and experience sufficient to indicate an abilitv to perform the work. &12 -7 Duties and Powers of Director The. Director shall be responsible for the neaotiation and administration of collective baraainina. aareements with emplovee oraanizations. The Director shall seek to include In such aareement— provisions for citv wide performance review oroarams and merit based compensation systems He or she shall also be responsible for the DrocessinG of all Grievances and reportinG on the fiscal impact of same. for the conduct of all disciolinary actions mandated by the Citv's collective baraainina aareements or the provisions of Civil Service Law. and for such other duties as may be deleaated by Corporation Counsel. The Director shall have direct access to the Mavor in his or her capacity as the principal citv representative in the neaotiation of collective baraainina aareements. Division of Administrative Adjudication § 12 -[618 Bureau of Administrative Adjudication. The Division of Administrative Adjudication, created pursuant to article 14 -BB of the New York State General Municipal Law enacted by Chapter 382 of the Laws of 1995, shall be operated in accordance therewith— and shall also be known as the Bureau of Administrative Adjudication, § 12 -[719 Director of Administrative Adjudication. The Head of the Division of Administrative Adjudication shall be the Director of the Bureau of Administrative Adjudication and shall be the Chief Administrative Law Judge of the Bureau with all the powers of art Administrative Law Judge conferred by section 381 of Article 14 -BB of the General Municipal Law and shall perform all duties specified there under. The Director shall be appointed by the Mayor for a term of five years, subject to confirmation of the Common Council. The Director shall be removable only for neglect of duty or misfeasance in office after Section 2: notice and an opportunity for a hearing. The Director shall perform his or her duties in accordance with the provisions of Article 14 -BB of the General Municipal Law, § 12 -[8]10 Jurisdiction to Impose Civil Penalties. The Bureau of Administrative Adjudication shall have jurisdiction to conduct proceedings for the Adjudication of code and /or ordinance violations regarding conditions which constitute a threat or danger to the public health, safety or welfare for which civil penalties may be imposed, and to render decisions and orders and impose civil penalties provided under law, but in no case shall the Bureau of Administrative Adjudication impose a sentence of imprisonment upon a finding of guilty, nor shall any Administrative Law Judge order the arrest or detention of any person for any reason. § 12 -[9]11 Commencement of Proceedings. The Bureau of Administrative Adjudication is authorized pursuant to Article 14 -BB of the General Municipal Law— hereby adopted by and made applicable to the City of Buffalo— to conduct administrative proceedings in accordance with the provisions thereof. § 12 -[10] 12 Administrative Appeal Panel; Interlocutory Appeals. The Bureau of Administrative Adjudication shall include one or more Administrative Appeals Panels within the Bureau as provided under section 385 of Article 14 -BB of the General Municipal Law. Such Administrative Appeals Panel shall be constituted in accordance with Article 14 -BB. The determination of such Administrative Appeals Panel shall be the final determination of the Bureau for the purposes of review pursuant to Article 78 of the Civil Practice Law and Rules. § i2 -iiii2 Judicial Enforcement. Any Order or Subpoena or any Final Decision or determination of rendered by the Bureau of Administrative Adjudication shall be subject to enforcement by the Judiciary in an action or proceeding commenced in a Court of competent jurisdiction by the prevailing party, including the Bureau of Administrative Adjudication. § 12- [12114 Restriction on Collateral Use. Decisions, Determinations and Orders issued by the Bureau of Administrative Adjudication shall not be cited, and shall not be considered precedent nor be given any force or effect in any criminal proceeding or any civil or criminal forfeiture proceeding, 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: Section 4: This local law shall take effect immediately. This local law is not subject to mandatory referendum because the subject matter is not enumerated in the Municipal Home Rule Law as a category requiring a referendum. APPROVED AS TO FORM ONLY: DAVID RODRIGUEZ NOTE: Matter underlined is new, matter in brackets is to be deleted. I V A 9AV:» III tell r. I:9K0 ]dildiIIa1:10i7►111xe]11W_1I to] ► NO. 101 CITY OF BUFFALO LOCAL LAW NO. -- (2010) INTRODUCTORY NO 4 (2010) A LOCAL LAW amending the Charter of the City of Buffalo in relation to the creation of Department of Parking BE IT ENACTED BY THE COMMON COUNCIL OF THE CITY OF BUFFALO AS FOLLOWS: Section 1: That Article 17 -A of the Charter of the City of Buffalo, adopted pursuant to law, is hereby added as follows" Article 17 -A Department of Parkina 0§ 17 -9- 17 -151 Commissioner of Parkina The Commissioner of Parkina shall be the head of the Department of Parkina and shall possess the authoritv of the Commissioner of Traffic pursuant to &236 of the Vehicle and Traffic Law of the State of New York and Article I, Chapter 307, §307.1- 307 -15.2 of the City Code and shall be the Chief Executive Officer of the Board of Parking. Appointment: Removal The Commissioner shall be appointed by the Mavor. subiect to confirmation by the Council. and shall be removable at the pleasure of the Mayor. Qualifications of the Commissioner The Commissioner shall be a araduate from an accredited Colleae or Universitv and have at least five vears of experience in the manaaement of Darkina. traffic or transportation operations. or in supervision and administration. or an eauivalent combination of trainina and experience sufficient to indicate an abilitv to perform the work. &17 -12 Duties and Powers The Commissioner shall have all of the powers and shall be responsible for all the duties hereinafter conferred upon the Department and the Parkina Violations Bureau. such other duties and powers. as may be conferred upon the Commissioner or the Parkina Violations Bureau by law or ordinance and shall ant as the Commissioner of Traffic for purposes of New York State Vehicle and Traffic Law &236. The Commissioner shall have supervision and manaaement of the Department of Parkina. and of its emDlovees and shall appoint such other persons as shall be necessary to perform the work of the Department of Parkina and of its Parkina Violations Bureau. within the amounts available therefore by appropriation of the Common Council. The Commissioner shall be responsible for the manaaement of on- street Darkina operations. includina: (1) determinina where and when to focus enforcement: (2) creatina budaets for the Department and the Darkina Violations Bureau: (3) determinina when and where meter or Dav site collections will take place: (4) determinina levels and schedules of enforcement: (5) determinina the adeauacv of reaulatory sianaae: (6) overseeina Darkina meter and Dav station repairs: (7) coordinatina on- street and off - street Darkina initiatives relative to Citv -owned Darkina ramps to maximize Darkina efficiencv and revenue aeneration: (8) coordinatina public outreach and Darkina education initiatives to encouraae compliance. The Commissioner shall also be the Chief Executive Officer of the Board of Parkina and shall exercise all off - street Darkina duties conferred upon him or her by §18 -36 of the Citv Charter. 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. Section 4 This local law is not subject to mandatory referendum because the subject matter is not enumerated in the Municipal Home Rule Law as a category requiring a referendum. APPROVED AS TO FORM ONLY: DAVID RODRIGUEZ NOTE: Matter underlined is new, matter in brackets is to be deleted. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 102 BY: MR. GOLOMBEK CITY OF BUFFALO LOCAL LAW NO. -- (2010) INTRODUCTORY NO. 5 (2010) A LOCAL LAW amending the Charter of the City of Buffalo in relation to the Department of Economic Development and Permit and Inspection Services BE IT ENACTED BY THE COMMON COUNCIL OF THE CITY OF BUFFALO AS FOLLOWS: Section 1: That Article 17 of the Charter of the City of Buffalo, adopted pursuant to law, is hereby added as follows: ARTICLE 17 Department of[Economic Development and] Permit and Inspection Services (§ 17 -1 - -§ 17 -8), § 17 -1 Commissioner of the Department of [Economic Development and] Permit and Inspection Services; Appointment and Qualifications, The Commissioner of the Department of [Economic development and] Permit and Inspection Services shall be the head of the Department of [Economic Development] and Permit and Inspection Services, and shall be a person with (i) demonstrated executive and administrative ability an experience in construction [and /or real estate development], which shall include at least three (3) years experience in the administration of building, housing or property code inspection and enforcement activities or (ii) substantially equivalent qualifications that are acceptable to the Mayor. The Commissioner shall be appointed by the Mayor, subject to confirmation by Council and shall be removable at the pleasure of the Mayor. § 17 -2 Commissioner of Permit and Inspection Services; Duties and Powers. The Commissioner of the Department of [Economic Development and] Permit and Inspection Services shall: a. Supervise, manage and be responsible for the affairs of the Department of [Economic Development and] Permit and Inspection Services, including all matters related to permits and inspections, housing, and demolitions. The Commissioner shall lead a customer - focused department to encourage and facilitate [private development] efficient Dermittina and licensina procedures within the City. For purposes of this article, the term "permit' shall be deemed to include a license unless otherwise indicated by the context; b. Have charge of all applications to the City or its departments, officers or agencies for permits for the construction or remodeling of all non - public buildings or other structures within the city, including without limitation, the review of all plans and designs. The Commissioner shall have charge of all other permits and all inspections for which he is made responsible by this Charter, the City Cod —, or any statute, local law or ordinance. The commissioner shall be responsible for all property code enforcement programs, including housing code violations and matters relating to multiple dwellings; plumbing, electrical and combustion inspections; and bingo games and premises inspections; c. Develop and implement a unified, streamlined system for the review and processing of all applications for the construction or remodeling of all buildings or other structures within the city utilizing, where practicable and appropriate, the best practices of municipalities throughout the United States; d. Appoint, and at pleasure may remove, a deputy commissioner of permit and inspection services; e. Have charge of all demolition work; f. Represent the city in all housing court proceedings; [g. Responsible for the coordination and development of the economic development initiatives of the City;] [h.] g. Perform the duties of administering and enforcing the provisions of the zoning chapter of the City Code including granting Permits and Certificates of Occupancy and conducting all inspections required by that chapter; [i.] h. Have charge of issuing, transferring, renewing, revoking, suspending and canceling all licenses and permits, the collection of fees and the coordination of necessary inspections in connection therewith, and may designate an Administrative Law Judge, who shall be an attorney admitted to practice in the State of New York for at least three (3) years, to administer hearings related to the issuing, transferring, renewing, revoking, suspending and canceling of licenses, and recommend to the Commissioner of [Economic Development and] Permit and Inspection Services whether a license should be revoked, suspended, or renewal thereof refused, after notice and hearing. U.] i_Oversee all housing and building construction and rehabilitation and code enforcement [and rehabilitation assistance.] [k.] j:. Direct or cause to be tom down, blown up or otherwise destroyed on an emergency basis, any building or buildings which he or she deems to be an immediate threat to the health welfare and safety to the public; [1.] k. Exercise such other powers and perform such other duties as may be conferred or imposed upon him by this charter, as the same may be amended from time to time, by the Mayor or by any general law, local law, ordinance or federal or state law. § 17 -3 Deputy Commissioner of Permit and Inspection Services; Appointment and Qualifications. The Deputy Commissioner of Permit and Inspection Services shall act for and generally in place of the Commissioner of Permit and Inspection Services, and shall be a person with a minimum of six (6) years experience in building code enforcement, and at least two (2) years experience in a supervisory capacity. The Deputy Commissioner shall be appointed by the Commissioner of Permit and Inspection Services and shall be removable at the pleasure of the Commissioner: § 17 -4 Deputy Commissioner of Permit and Inspection Services; Powers and Duties. The Deputy Commissioner of Permit and Inspection Services shall: a. Supervise and manage for the city on the construction or remodeling of all non - public buildings or other structures within the city; b. Administer the plan review and all other permit and inspection responsibilities assigned to the department in connection with the construction or remodeling of all non - public buildings or other structures within the city. In this capacity, the Deputy Commissioner shall deploy personnel, resolve disputes, designate project review priorities, respond to internal and external inquiries, determine policies, expedite important projects and establish procedures to promptly reject applications for failure to meet plan submission or other standards. c. Exercise such other powers and perform such other duties as may be assigned to him by the Commissioner of Permit and Inspection Services: Unsafe and Unsanitary Buildings and Collapsed Structures § 17 -5 Recovery of Bodies from Wrecked Building. In ease of the falling of any building or part thereof in the city, where persons are known or believed to be buried under the ruins, the Commissioner shall cause an examination of the premises to be made for the recovery of the bodies of the killed and injured. Whenever, in making such examination, it shall be necessary to remove any debris from the premises, the Commissioners of Police and Fire, when called upon by the Commissioner shall cooperate with Section 2: the said Commissioner in carrying out the purposes of this section and shall provide suitable and convenient places for the deposit of such debris; § 17 -6 Vacating Buildings, Closing Streets and Side Walks. The Commissioner is hereby authorized and empowered in cases of accident and immediate danger of the falling of any building or part thereof so as to endanger life or property, and also when any building or part thereof has fallen and life is endangered by the occupation thereof, to order and require the inmates and occupants of such building or part thereof to vacate the same forthwith, and the Commissioner may, when necessary for the public safety, with the assistance of the Commissioners of Police and Fire, temporarily, if necessary, close sidewalks, streets, buildings, structures and places adjacent to such building or part thereof, and prohibit the same from being used. In the event that the Commissioner shall issue such order to vacate such premises or shall close such sidewalks, streets, buildings, structures or places adjacent to such premises, he shall, within ten days serve the notice in the manner provided by the applicable ordinances to determine the condition of such premises. Failure to do so shall be deemed a revocation of such vacating or closing order. The Commissioners of Police and Fire when called upon by the Commissioner to cooperate, shall enforce such orders or requirements. § 17 -7 Laborers and Materials. For the purpose of this section, the Commissioner of Permit and inspection Services Shall employ such laborers and materials as may be necessary to perform said work as speedily as possible. § 17 -8 Ordinances The City of Buffalo is empowered to enact any ordinances to administer or put into effect any of the provisions of this article. Editor's Note: Former §§ 17 -9 and 17 -10, regarding the Division of Real Estate, which immediately followed, was repealed 5 -22 -2000 by L.L. No. 7 -2000, effective 6 -21 -2000. See now §§ 6 -22 and 6 -23. 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. This local law is not subject to mandatory referendum because the subject matter is not enumerated in the Municipal Home Rule Law as a category requiring a referendum. APPROVED AS TO FORM ONLY: DAVID RODRIGUEZ NOTE: Matter underlined is new, matter in brackets is to be deleted. REFERRED TO THE COMMITTEE ON LEGISLATION NO 103 BY: MR. GOLOMBEK ORDINANCE AMENDMENT CHAPTER 307. PARKING AND PARKING LOTS The Common Council of the City of Buffalo does hereby ordain as follows: That Chapter 307 of the Code of the City of Buffalo be amended to read as follows: ARTICLE I Parking Violations (§ 307 -1 -- § 307 -15.2) § 307 -1 Definitions. The following terms and words, when used in this article, shall have the meaning and effect as follows: OPERATOR Any person, corporation, firm, agency, association or organization that uses or operates a vehicle with or without the permission of the owner and an owner who operates his own vehicle. OWNER Any person, corporation, firm, agency, association or organization having the property or title to a vehicle used or operated within the City of Buffalo or any registrant of a vehicle used or operated within the City of Buffalo or any person, corporation, firm, agency, association or organization engaged in the business of renting or leasing vehicles to be used or operated within the City of Buffalo and hereinafter referred to as the "renter" or "lessor." RESPONDENT Any person, corporation, firm, agency, association or organization charged with a parking violation. VIOLATION The violation of any law, rule, regulation or ordinance providing for or regulating the parking, stopping or standing of a vehicle within the City of Buffalo. § 307 -2 Terminology. A. For the purposes of this article, the term "Commissioner of [Transportation] Traffic" shall refer to the Commissioner of [Administration and Finance] Parking or his duly authorized deputy who is charged with the specific responsibilities or duties referred to in this article, in accordance with Article [15 -A] 17 -A of the Charter of the City of Buffalo. B. For the purposes of this article, the term "Department of [Transportation] Traffic shall refer to the Department of [Administration and Finance] Parking or the Division within said Department which is charged with the specific responsibilities or duties referred to in this article, in accordance with Article [15 -A] 17 -A of the Charter of the City of Buffalo. § 307 -3 Establishment of Parking Violations Bureau. There is hereby created an administrative tribunal to be known as a "Parking Violations Bureau" to have jurisdiction of traffic infractions which constitute a parking violation as herein defined. Such Parking Violations Bureau shall hear and determine complaints of traffic infractions constituting parking, standing or stopping violations with the functions, powers and duties herein stated. § 307 -4 Officers and employees of Bureau. A. The head of such Parking Violations Bureau shall be the Director of Parking Enforcement, who shall be appointed and serve at the pleasure of the City of Buffalo's Commissioner of [Administration and Finance] Parking who has and possesses the authority of a Commissioner of Traffic pursuant to § 236 of the Vehicle and Traffic Law of the State of New York. The Director may exercise or delegate any of the functions, powers and duties conferred upon him or the Bureau by the Commissioner to any officer or employee of the Bureau deemed qualified by the Director. B. The Commissioner of [Administration and Finance] Parking may appoint such number of Deputy Directors as he may deem necessary, but in no event to exceed four, who shall serve at the pleasure of the Commissioner of [Administration and Finance] Parking and said Commissioner may employ such officers and employees as may be required to perform the work of the Bureau, within the amounts available therefor by appropriation of the Common Council. § 307 -5 Hearing Examiners. A. The Commissioner of [Administration and Finance] Parking shall appoint Supervising Senior Examiners not to exceed six in number and Senior Hearing Examiners not to exceed six in number. Every Supervising Hearing Examiner shall have been admitted to the practice of law in the State of New York for at least seven years and every Senior Hearing Examiner for at least six years. The duties of each Supervising Hearing Examiner and Senior Hearing Examiner shall include but not be limited to: (1) Presiding at hearings for the adjudication of charges of parking violations. (2) The supervision and administration of the work of the Bureau. (3) Membership on the Appeals Board of the Bureau, as here provided. B. The Commissioner of [Administration and Finance] Parking shall appoint Hearing Examiners who shall preside at hearings for the adjudication of charges of parking violations. Hearing Examiners shall be appointed and shall serve for such number of sessions as may be determined by the Commissioner and shall receive therefor such remuneration as may be fixed by the Common Council. Such Hearing Examiners shall not be considered employees of the City of Buffalo; and every Hearing Examiner shall have been admitted to the practice of law in New York State for at least five years and shall be appointed from a list of eligible candidates who have satisfied the standards established by a duly constituted committee of the Erie County Bar Association. All such hearing Examiners shall have a minimum of two years' experience in the trial of issues in courts of record in the State of New York, exclusive of special term, or four years of quasi - judicial experience appearing before governmental agencies. Such Hearing Examiners shall be bona fide residents of the City of Buffalo for a minimum of two years. § 307 -6 Powers and duties of Bureau. The Parking Violations Bureau shall have the following functions, powers and duties: A. To accept pleas to and to hear and determine charges of parking violations. B. To provide for penalties other than imprisonment for parking violations in accordance with a schedule of monetary fines and Penalties; provided, however, that monetary penalties shall not exceed the maximum amount allowed by the New York State Vehicle and Traffic Law for each parking violation; and provided, further, that such penalties and fines shall become effective 45 days after the first Council meeting at which they appear on the agenda as an item of business, during which period the Council may either disapprove them or modify them, in which latter case they shall become effective in their modified form. C. To adopt rules and regulations, not inconsistent with any applicable provision of law, to carry out the purposes of Article 2 -B of the Vehicle and Traffic Law of the State of New York, including but not limited to rules and regulations prescribing the internal procedures and organization of the Bureau, the manner and time of entering pleas, the conduct of hearings and the amount and manner of payment of penalties. D. To issue subpoenas to compel the attendance of persons to give testimony at hearings and to compel the production of relevant books, papers and other things. E. To enter judgments and enforce them, without court proceedings, in the same manner as the enforcement of money judgments in civil actions in any court of competent jurisdiction or any other place provided for the entry of civil judgment within the State of New York. F. To compile and maintain complete and accurate records relating to all charges and dispositions and to prepare complete and accurate transcripts of all hearings conducted by the Bureau and to furnish such transcripts to the person charged at said person's own expense upon timely request and upon said person complying with the regulations of the Bureau. G. To remit to the City Treasurer, on or before the 15th day of each month, all monetary penalties or fees received by the Bureau during the prior calendar month, along with a statement thereof, and, at the same time, to file duplicate copies of such statement with the City Comptroller. H. To answer within a reasonable period of time all relevant and reasonable inquiries made by a person charged with a parking violation or his attorney concerning the notice of violation (summons) served on that person. The Bureau must also furnish within a reasonable period of time to the person charged, on his request and upon complying with the regulations of the Bureau, a copy of the original notice of violation (summons), including all information contained thereon. Failure of the Bureau to comply with the provisions of this subsection or any part of the provisions of this subsection within 75 days of such inquiry, forwarded to the Bureau by certified or registered mail, return receipt requested, will result, upon the request of the person charged, in an automatic dismissal of all charges relating to and only to that notice of violation (summons) to which the inquiry was made. I. To prepare and issue a notice of violation in blank to members of the Police Department, the Fire Department, the Administration and Finance Department the Department of Parkina and to other officers as the Bureau by regulation shall determine. The notice of violation (summons) or duplicate thereof, when filled in and sworn to or affirmed by such designated officers and served as provided in this article, shall constitute notice of the parking violation charged. J. To direct, upon the agreement of the Director of Parking Enforcement and the Director of Administrative Adjudication, that summons involving violations related to street sanitation maintenance and utilization of. streets and sidewalks and dog control within the Parking Violations Bureau or Administrative Adiudication iurisdictions be heard by the Bureau of Administrative Adjudication or the Parkina Violations Bureau as such aareements shall dictate § 307 -7 Notice of violation (summons), A. The notice of violation (summons) shall contain information advising the person charged of the manner and the time in which he may plead either guilty or not guilty to the violation alleged in the notice. Such notice of violation (summons) shall also contain a warning to advise the person charged that failure to plead in the manner and time provided shall be deemed an admission of liability and that a default judgment may be entered thereon. The form and wording of the notice of violation (summons) shall be prescribed by the Director. A duplicate of each notice of violation (summons) shall be served on the person charged in the manner hereinafter Provided. The original or a facsimile thereof shall be filed and retained by the Bureau and shall be deemed a record kept in the ordinary course of business and shall be prima facie evidence of the facts contained therein. B. A notice of violation (summons) shall be served personally upon the operator of a motor vehicle who is present at the time of service, and his name and address, together with the plate designation and the plate type as shown by the registration plates of said vehicle and the expiration date, the make or model and the body type of said vehicle, shall be inserted therein. The notice of violation (summons) shall be served upon the owner of the motor vehicle or, if the operator is not present, by affixing such notice to said vehicle in a conspicuous place. Whenever so affixed, in lieu of inserting the name of the person charged with the violation in the space provided for the identification of said person, the words 'owner of the vehicle bearing license" may be inserted, to be followed by the plate designation and plate type as shown by the registration plates of said vehicle, together with the expiration date, the make or model and the body type of said vehicle. Service of the notice of violation (summons) or a duplicate thereof by affixation as herein provided shall have the same force and effect and shall be subject to the same penalties for disregard thereof as though the same was personally served with the name of the person charged with the violation inserted therein. C. For the purposes of this article, an operator of a vehicle who is not the owner thereof but who uses or operates such vehicle with the permission of the owner, express or implied, shall be deemed to be the agent of such owner to receive notice of violation (summons), whether personally served on such operator or served by affixation in the manner aforesaid, and service made in either manner as herein provided shall also be deemed to be lawful service upon such owner. § 307 -8 Towing. A. Pursuant to the authority conferred upon the City of Buffalo by the provisions of § 1640(a)14 of the Vehicle and Traffic Law of the State of New York, whenever a motor vehicle is parked or abandoned on the public streets of the City of Buffalo during snowstorms, floods, fires or other public emergencies or is found unattended where it constitutes an obstruction to traffic or where any such motor vehicle has been parked or abandoned in any place where stopping, standing or parking is prohibited, any police officer or parking enforcement officer of the City of Buffalo is hereby authorized to cause such vehicle to be removed and conveyed by or under the direction of a member of the Department of [Administration and Finance] Parking by means of towing the same, or otherwise, to a vehicle pound or location designated by the Department of [Administration and Finance] Parking Such towing shall be at the risk of the owner of such vehicle, and the City of Buffalo shall assume no responsibility for the same. B. An abandoned vehicle shall be defined and, if unclaimed, disposed of in accordance with § 1224 of the Vehicle and Traffic Law of the State of New York. C. Towing and storage charges. (1) The owner or person entitled to possession of such vehicle shall pay a towing charge and storage charge for each day or fraction thereof after the first 24 hours that such vehicle is in the custody of the City of Buffalo as provided in Chapter 175, Fees, (2) These charges shall be in addition to the fines and penalties, if any, hereinafter provided within this article for vehicles that are left standing, stopped or parked illegally. (3) Such towing charges shall be paid to the Parking Violations Bureau at a place designated by such Bureau, during the hours such Bureau is open. D. Before the owner or person in charge of such vehicle shall be permitted to remove the same from the custody of the City of Buffalo, he shall furnish evidence of his identity and ownership or right to possession of such vehicle and shall sign a receipt and release in such form as the Parking Violations Bureau shall prescribe; provided, further, that such owner or person entitled to possession of such vehicle may not obtain the release of such vehicle before paying the towing, storage, outstanding parking summonses and related penalties and other fees hereinabove mentioned. § 307 -9 Liability. A. The operator of a vehicle shall be primarily liable for the penalties imposed pursuant to this article. The owner of the vehicle, even if not the operator thereof, shall also be liable therefor, if such vehicle was used or operated with his permission, express or implied, but in such ease, the owner may recover any penalties paid by him from the operator. B. Notwithstanding any inconsistent provision of this article or of any other provision of law, any person, corporation, firm, agency, association or organization that is the renter or lessor of a vehicle shall not be liable for penalties in excess of the schedule of fines imposed pursuant to this article if upon an appropriate fixing of liability upon said renter or lessor there be due and timely payment made of all scheduled fines. C. A renter or lessor of a vehicle shall not be liable for penalties imposed pursuant to this article if, at the time the notice of violation (summons) or a duplicate of such notice is served, the registration plate number of the vehicle for which said notice of violation (summons) or duplicate was served and the address of the renter or lessor has been filed by the renter or lessor with the Bureau and notice of the service of a notice of violation (summons) or a duplicate of such notice for a parking violation has not been given to the renter or lessor or by the Bureau within 90 days after such service. Such notice shall be given by ordinary mail to the address on file with the Bureau. § 307 -10 Methods of pleading and payment of fines. A. A plea shall be entered within eight days after service of the notice of violation (summons). A plea may be entered in person or by representative or by ordinary mall at such location of the Bureau as from time to time shall be fixed by the Commissioner of [Administration and Finance] Parking Any plea entered by mail, if mailed in proper form within eight days after service of the notice of violation (summons), shall be accepted by the Bureau. B. Pleas by mail shall be made by: (1) Entering the desired plea on the plea form on the back of the notice of violation (summons); (2) Entering the name and address in the space provided on the plea form; (3) Signing the plea form; and (4) Mailing the notice of violation (summons) with the plea form completed, by appropriate form of mail, to the mailing address stated on the notice of violation (summons). C. A plea of guilty shall be accompanied by a check or money order for the payment in full of the scheduled fine as listed under § 307 -11 following. D. A respondent pleading not guilty or guilty with an explanation may request a hearing. This shall be done at the time of pleading by completing the reverse side of the notice of violation (summons) in accordance with the instruction thereon. E. If a plea of not guilty or guilty with an explanation is made in person, an immediate hearing may be had by the respondent on his request, if convenient to the Bureau. F. Upon receipt of the notice of violation (summons) with a plea of not guilty or guilty with an explanation, the Bureau shall advise the respondent in person or by such form of first class mail as the Director shall prescribe of the date, time and place on which he must appear for a hearing. The Bureau reserves the right to set a date, time and place of hearing different from that selected by the respondent. G. Where an operator or owner fails to enter a plea to a charge of a violation or falls to appear on a designated hearing date or subsequent adjourned date or falls after a hearing to comply with the determination of a Hearing Examiner, as prescribed by this chapter or by rule or regulation of the Bureau, such failure to plead, appear or comply shall be deemed, for all purposes, an admission of liability and shall be grounds for rendering and entering a default judgment in an amount provided by the rules and regulations of the Bureau. However, after the expiration of the original date prescribed for entering a plea and before a default may be rendered, in such case the Bureau shall, pursuant to the applicable provisions of law, notify such operator or owner, by such form of first -class mail as the Bureau may direct: (1) Of the violation charged; (2) Of the impending default judgment; (3) That much judgment will be entered in the City Court of the City of Buffalo or other court of civil jurisdiction or any other place provided for the entry of civil judgments within the State of New York; and (4) That a default judgment may be avoided by entering a plea or making an appearance within 20 days of the sending of such notice. H. Pleas entered within that period shall be in the manner prescribed in the notice and subject to such additional penalty or fee as the Bureau may by rule or regulation determine. Such notice of impending default judgment shall not be required prior to the rendering and entry thereof in the ease of operators or owners who are nonresidents of the State of New York. In no ease shall a default judgment be rendered or, where required, a notice of impending default judgment be sent more than two years after the expiration of the time prescribed for entering a plea. § 307 -11 Schedule of fines and penalties. A. The schedule of fines and penalties shall be as follows: Violation Fine Failure to deposit required coins in a parking meter, overtime $30.00 parking in a metered space or other meter violation Parking prohibited beyond time limit allowed other than parking $30.00 Meter Parking prohibited on alternate days $30.00 Parking prohibited on bus routes during certain hours $30.00 Parking prohibited upon publicly or privately owned premises $50.00 Violation Fine without permission Parking in unpaved area in front /side yard $50.00 Parking prohibited in a load zone $30.00 Stopped, standing or parked facing wrong direction $30.00 Stopped, standing or parked more than 12 inches from curb $30.00 Stopped, standing or parked upon any bridge, elevated structure $30.00 subway or approaches $35.00 Standing or parked within 20 feet of a crosswalk at an intersection $30.00 or other marked crosswalk Parking prohibitions Parking prohibited at any time $35.00 Parking prohibited during certain hours $35.00 Parking prohibited from here to comer $35.00 Parking prohibited in a taxi stand $35.00 Standing prohibitions: Standing prohibited at any time $35.00 Violation Standing prohibited during certain hours $35.00 Standing prohibited from here to corner $35.00 Stopping prohibitions: Stopping prohibited at any time $35.00 Stopping prohibited during certain hours $35.00 Stopping prohibited from here to comer $35.00 Stopped, standing or parked on a sidewalk $35.00 Standing or parked in front of a public or private driveway $35.00 Expired certificate of inspection or registration $35.00 Stopped, standing or parked within 15 feet of a fire hydrant $50.00 Double parking $35.00 Stopping, standing or parking prohibited, police emergency $35.00 Other violation $35.00 Handicapped parking violations, per § 1203 -c of the Vehicle and $70.00 Traffic Law B. Additional penalties. Penalties shall be added to the fine for late payment as follows: Original Fine $30.00 $35.00 $50.00 $70.00 After 8 days $55.00 $55.00 $85.00 $125.00 After first billing $55.00 $65.00 $95.00 $135.00 After 75 days $75.00 $85.00 $115.00 $155.00 A. All hearings will be held and payments are to be made in the City of Buffalo, New York, at such place as the Director shall designate from time to time, except that within nine months from the date the Parking Violations Bureau is operative, the Director is to designate not more than four decentralized locations where hearing will be held at least once per month. B. All hearings shall be held daily from 9:00 a.m. to 4:00 p.m., except on Saturdays, Sundays and legal holidays, or at such other time designated by the Director. C. Every hearing for the adjudication of a charge of a violation shall be held before a Hearing Examiner, Senior Hearing Examiner or Supervising Hearing Examiner. All hearings shall be public. A respondent may be represented by legal counsel. The hearing Examiner shall not be bound by the rules of evidence in the conduct of the hearing except rules relating to privileged communications. No charges may be established except upon proof by substantial evidence. All testimony shall be given under oath or affirmation. D. A record shall be made of every hearing either by stenographic recordings or by mechanical or electronic methods as the Director shall determine. A transcript of such record shall be supplied to a respondent on application and the payment of a fee as provided in Chapter 175, Fees, and the cost of such transcript. The Hearing Examiner may, in his discretion or at the request of the respondent, on a showing of a good cause and need thereof, issue a subpoena to compel the appearance at a hearing of the officer who served the notice of violation (summons) or of other persons to give testimony, and he may issue a subpoena duces tecum to compel the production for examination or introduction into evidence, of any book, paper or other thing relevant to the charges alleged. E. In the case of a refusal to obey a subpoena, the Bureau may make application to the Supreme Court pursuant to §2308 of the Civil Practice Law and Rules for an order requiring such appearance testimony or production of evidence. F. The Bureau may, with or without the respondent's request or consent, consolidate for hearing or appeal one or more charges pending against such respondent. An adjournment may be requested by the respondent (up to 24 hours) prior to the hearing, but not more than two adjournments shall be granted except under extraordinary circumstances. § 307 -13 Decisions and judgments. A. The Hearing Examiner shall make a determination of the charges, either sustaining or dismissing them. After a determination has been made sustaining the charges, the Hearing Examiner may examine respondent's prior violations record prior to rendering a final determination. B. A final determination of the charges shall be entered on a judgment record maintained by the Bureau, together with the records showing payment or nonpayment of penalties. A copy of such judgment record, or a transcript thereof, may be filed in the office of the Clerk of the City Court of Buffalo and /or in the office of the Clerk of the County of Erie and /or in such other county wherein the respondent resides or is employed. § 307 -14 Appeals. A. There shall be an Appeals Board within the Bureau, which shall consist of three or more persons duly qualified as Hearing Examiners, excluding from the panel the hearing officer whose decision is the subject of the appeal. B. An appeal from a determination of any hearing officer after a hearing on a liability or from a determination denying a motion to reopen any matter shall be submitted to the Appeals Board, which shall have the power to review the facts and the law and shall have power to reverse or modify any determination appealed from for error of fact or law. C. A party aggrieved by a final determination of a Hearing Examiner may obtain a review thereof by serving, either personally, in writing or by certified or registered mail, return receipt requested, upon the Bureau, within 30 days of the entry of such final determination, a notice of appeal setting forth the reasons why the final determination should be reversed or modified. Upon receipt of such notice of appeal, the Bureau shall furnish to the appellant, at his request and at his own expense, a transcript of the original hearing. No appeal shall be conducted less than 10 days after the mailing of the transcript to the appellant or his attorney. The notice of appeal shall be in such form as the Director may prescribe. No appeal may be had where a plea of guilty or guilty with an explanation was entered by the respondent at the hearing. D. Appeals shall be conducted in the presence of the appellant or his attorney, or both, if such fight of appearance is expressly requested by the appellant in his notice of appeal and upon his complying with the regulations of the Bureau and paying of fee as outlined in Chapter 175, Fees. If the appellant elects to appear, the Bureau, within 30 days after the receipt of the notice of appeal, shall advise the appellant, either personally or by ordinary first class mail, of the date on which he shall appear. No appeal shall be conducted less than 10 days after the mailing of such notification. The appellant shall be notified in writing of the decision of the Appeals Board. E. The service of a notice of appeal shall not stay the enforcement of a judgment upon the determination appealed from unless the appellant shall have posted a bond in the amount of such determination at the time of or before the service of such notice of appeal unless the enforcement of such judgment shall have been stayed by the Appeals Board. F. The order of the Appeals Board shall be the final determination of the Bureau. Judicial review may be sought pursuant to Article 78 of the Civil Practice Law and Rules. § 307 -15 Certification of noncompliance. A. In the event a respondent shall have failed to comply with the provisions of this chapter in that he has failed to pay final determinations or judgments for parking violations entered against him on three or more notices of violations (summonses) served upon him within a period of 18 months, the Bureau shall certify such fact to the Commissioner of Motor Vehicles of the State of New York; and upon such certification, the Bureau shall notify the respondent by registered or certified mall, return receipt requested, that such certification has been made and identifying the judgments or final determinations covered. The notification shall further inform the respondent that the Commissioner of Motor Vehicles will deny any registration or renewal of registration of the respondent's vehicle until proof is provided that the respondent has complied with the provisions of this chapter in connection with all judgments or final determination so certified. B. Upon payment by or on behalf of the respondent of all judgments or determinations covered by the certification to the Motor Vehicle Commissioner or upon the giving of proof that such judgments have been paid, the Bureau shall issue a certificate attesting to the fact that this chapter has been complied with and such certificate shall be delivered to the Commissioner of Motor Vehicles. § 307 -15.1 Persistent violators and scofflaws. § 307 -15.1. A. Any unattended vehicle found parked upon a street or on any City -owned property or property under the jurisdiction or control of the City against which there are three or more outstanding or otherwise unsettled parking violation summonses within an eighteen - month period for which judgments have been issued may, by or under the direction of a police officer, peace officer, parking meter mechanic or parking enforcement officer, either by towing or otherwise, be removed or conveyed to and impounded in any place designated by the Commissioner of Police or the Director of Parking Enforcement or immobilized in such a manner as to prevent its operation, except that no such vehicle shall be immobilized by any means other than by use of a device or other mechanism which will cause no damage to such vehicle unless it is moved while such device or mechanism is in place. B. It shall be the duty of the police officer, peace officer, parking meter mechanic or parking enforcement officer removing or immobilizing such motor vehicle or under whose direction such motor vehicle is removed or immobilized to inform as soon as practicable the Director of Parking Enforcement, who shall in turn inform by telephone (if possible) and by first class mail the owner of the impounded or immobilized vehicle of the nature and circumstances of the prior unsettled parking violations summonses, for which or on account of which such vehicle was impounded or immobilized. In any ease involving immobilization of a vehicle pursuant to this subsection, such police officer, peace officer, parking meter mechanic or parking enforcement officer shall cause to be placed on such vehicle, in a conspicuous manner, a notice sufficient to warn any individual to the effect that such vehicle has been immobilized and that any attempt to move such vehicle might result in damage to such vehicle. C. The owner or person entitled to possession of such vehicle may secure the release of the vehicle by complying with the rules and regulations of the Parking Enforcement Division concerning all outstanding summonses and judgments against said vehicle and by payment of the sum as outlined in Chapter 175, Fees, for the removal of the immobilization device or mechanism. § 307 -15.2 Bicycle Parking. A. Bicycle parking facilities shall be provided for any new building, addition, parking lot or enlargement of an existing building, or any change in the occupancy of any new building that results in the need for additional auto parking facilities. B. For proposed nonresidential uses in the Central Business District and all other business districts located within the City of Buffalo, as noted in the current Zoning Ordinance, having off; street parking requirements of 20 spaces or more, a number of off - street bicycle parking spaces shall be provided equal to 5% of the automobile parking space requirement. Subject to approval by the Common Council for the proposed parking areas, the required automobile parking spaces may be reduced at the ratio of one auto space for each six bicycle spaces provided, except that under no circumstances may the required number be reduced by more than 5 %. C. The Commissioner of Public Works shall adopt rules and regulations establishing the dimensional and equipment standards for bicycle parking areas on private property along with designated areas in the City fight -of -way and specifics as to number of racks in a particular area according to need. D. The Department of Public Works shall oversee the allowable use of right -of -way for spaces, along with sufficient separation from motor vehicle parking areas to protect parked bicycles from damage by motor vehicles. This may be accomplished by grade separation, distance or physical barrier, such as curbs, wheel stops or other similar features. E. For proposed nonresidential sites having an off - street requirement of 20 spaces or more, a number of off - street bicycle parking spaces shall be provided equal to 5% of the automobile parking space requirement. Each inverted "U" provided would count as two bicycle parking spaces. F. Types of bicycle apparatus. (1) The inverted U -type bicycle rack: (a) Inverted "U" bike racks shall consist of three to five inverted "U "s mounted 30 inches on- center via base plate rails to create a freestanding array. The inverted "U "s shall be made from one - and - one - half -inch eleven -gauge steel tubing bent to measure 33 inches high, 18 inches wide (minimum dimensions) with a gloss back polyester powder coat finish (or approved equal). The rails shall be two - inch -by- one -inch rectangular steel tubing similarly finished with mounting holes and supplied with vandal- resistant concrete anchor mounting hardware for surface installation to existing concrete. (b) Each "U" shall be mounted to the rails via vandal resistant or hidden fasteners, which preclude the dismantling of the rack once assembled and installed. In some situations, individual "U "s may be preferable to a base plate array assembly of "U "s installed parallel to and behind the curb in business districts where sidewalk space is limited. (2) Individual inverted "U" (non -base array) alternative: Individual "U "s to be surface mounted directly to existing concrete shall have a pair of 6 3/4 inches by two inches steel base plates (minimum dimensions) with two bolt holes each. (3) Use of alternative noninverted "U" bicycle parking racks: As stated above, the inverted "U" is the first choice for all applications. At the discretion of the City Bicycle and Pedestrian Planner, other bicycle security devices may be approved for use in unusual circumstances. Any such alternate security device submitted for approval must provide for: (a) Supporting the bike frame at two locations (not just a wheel); (b) Allowing both the frame and at least one wheel to be locked to the rack; (e) Allowing the use of either a cable or U -type lock; (d) Bicycles which are equipped with water bottle cages; (e) Bicycles which are not equipped with kick stands; (f) All types and sizes of bicycles, including various types and sizes of frames, wheel sizes and tire widths. G. Bicycle parking lockers. Bicycle parking lockers are specifically encouraged for assigned use by employees and bicycle commuters. Bicycle parking capacity provided via lockers will be considered as being in compliance with these rules. H. Location of bicycle parking racks. Whenever possible, the racks should be placed within 50 feet of building entrances where bicyclists would naturally transition to pedestrian mode. The rack placement would ideally allow for visual monitoring by people within the building and /or people entering the building. The placement of the racks should minimize conflicts with both pedestrians and motorized traffic. All bicycle parking provided should be on concrete and located a minimum of 24 inches from a parallel wall and 30 inches from a perpendicular wall (as measured to the closest inverted). Sufficient space, to be a minimum of 24 inches, shall be provided beside each parked bicycle to allow access. APPROVED AS TO FORM ONLY: DAVID RODRIGUEZ ACTING CORPORATION COUNSEL By: Timothy A. Ball Assistant Corporation Counsel NOTE: Matter underlined is new, matter in brackets is to be deleted. REFERRED TO THE COMMITTEE ON LEGISLATION NO 104 BY: MR. GOLOMBEK AND MR. KEARNS MOVE SCHOOL BOARD ELECTIONS TO NOVEMBER Whereas: In 1974, the Buffalo Board of Education held its first May elections, in an effort to be independent and non - political, and to foster a more concentrated interest and focus for the citizens of Buffalo; and Whereas: In the most recent School Board Election held on May 4, 2010, only 4% of eligible city voters cast a ballot at a cost of over $150,000 to the City of Buffalo. In an era where school issues are as important as ever, is it wise to hold an election in May when 96% if the voters stay home; and Whereas: Almost 50% of property taxes collected in the City of Buffalo is sent to the Buffalo School district; and Whereas: A November School board election would be more cost effective for the City of Buffalo and would insure greater voter participation in school board races; and Whereas: The Common Council has sponsored resolutions calling for the school board elections to be held in November in 1995, 1997, 2001, 2004, 2005, 2007 and in 2009 and has also sponsored home rule messages imploring the New York State Senate and Assembly to amend the education law; and Whereas: Neighboring New York State cities Rochester and Syracuse hold their School Board elections in November; and Whereas: November School Board elections would facilitate wider public participation and would make candidates accountable to a larger voting population; and Whereas: Holding Buffalo School Board elections in November with other general elections would foster greater transparency, while making a larger number of voters more aware of the candidates and their positions Whereas: Low voter turnout and the high expense associated with the May School Board elections only makes it all the more prudent to move these elections to coincide with the November general elections; and Whereas: In recent years, the Buffalo Board of Education's May elections have become more and more politicized; and Whereas: Critics contend that moving the elections to November would make the election process too political. The teachers union, a New York City group and the Buffalo Niagara Partnership all backed candidates in the races and spent tens of thousands of dollars backing candidates, a definite indication that May elections do not take the politics out of the races; and Whereas: It is readily apparent that the high expense and low voter turnout associated with the May School board elections make it advisable to move these elections to coincide with the November general elections; Now, Therefore be it Resolved: That the Common Council of the City of Buffalo supports amending New York State Education Law to allow the Buffalo School Board elections to coincide with the November general elections; and Be it Further Resolved: That the Common Council memorializes the New York State Legislature to amend the New York State Education Law to allow for members of the Buffalo Board of Education to be elected at the November general elections; and Be it Finally Resolved: That the City Clerk send copies of this resolution to the Secretary of the New York State Senate, the Clerk of the Assembly, to members of the Western New York delegation of the Senate and Assembly, to School Superintendent Dr. James Williams and to the City of Buffalo Board of Education for their comments. ADOPTED NO 105 BY: DR. CURTIS HAYNES, JR. 11 "ANNUAL ALLEN WEST FESTIVAL Whereas: The Allentown Association, Inc., has requested permission to conduct the 11 Allen West Festival on the weekend of June 12 and 13 2010; and Whereas: The purpose of the festival is to promote arts and crafts and support those talented individuals who create such work; and Whereas: The Allentown Association seeks to heighten public awareness of the fine arts and crafts and to heighten public awareness of all that the Allentown District of the City of Buffalo has to offer; and Whereas: Each year, the Allen West Festival attracts thousands of people to the City of Buffalo, including over two hundred talented artists and craftspeople; and Whereas: The Special Events Advisory Committee, a committee established pursuant to Chapter 414 of the Charter & Code of the City of Buffalo: will meet to consider the application of the Allentown Association to hold the 11 th Annual Allen West Art Festival; Now, Therefore, Be It Resolved: This Common Council of the City of Buffalo grants to the Allentown Association, Inc. permission to conduct the 11th Annual Allen West Art Festival subject to the terms and conditions established by the Special Events Advisory Committee. Be It Further Resolved: Date and Time of Event. The event shall take place the weekend of June 12 and 13 2010, between the hours of 11:00 AM and 6:00 PM each day and the streets will be closed to general traffic from 6:00 AM until 8:00 PM. Be It Further Resolved Event Area. The event area shall be defined as follows: The area bounded by North Street and Symphony Circle on the north, Elmwood Avenue (west side) on the east, Virginia Street on the south, and Orton and Cottage Streets on the west. Be It Further Resolved Event Participants. The following terms and conditions shall apply to the event area: 1. Art and Craft Exhibitors. Art and /or craft exhibitors shall be permitted at the following locations only: Allen Street between Elmwood Avenue and Wadsworth (north and south sides); and Wadsworth between Allen Street and Symphony Circle (east and west sides.) 2. Approval Process. Only art and craft exhibitors approved in accordance with the Allentown Association's application and selection process will be permitted to participate in the event area defined above, No more than 200 art and craft exhibitors will be permitted. Exhibitors engaged in the exhibition or sale of so- called "pseudo" art and commercial exhibitors not engaged in the exhibition or sale of arts and /or crafts shall not be included in that total. 3. Food Concessionaries and Vendors. Only food concessionaries and vendors approved in accordance with the Allentown Association's application and selection process will be permitted to participate in the event within the area defined above. Such approved food concessionaires and vendors shall be located in an area determined by the Allentown Association in accordance with the recommendation of the Commissioner of Police or his designee and the Commissioner of Fire or his designee. Food concessionaries and vendors will not be permitted to operate outside of the event area. 4. Promotional Items. The Allentown Association, at it's sole discretion, may select and designate a single vendor employing a reasonable number of persons to vend balloons in the event area. The Allentown Association may also select and designate a single vendor to produce and sell Art Festival T- shirts, sweatshirts or similar merchandise. The Allentown Association in accordance with the recommendation of the Commissioner of Police or his designee and the Commissioner of Fire or his designee shall locate such vendors. 5. Compliance with Existing Laws. Not Withstanding the above. Participants, concessionaries, and vendors are required to comply with all applicable city, county, and state licensing and health code requirements. Nothing herein is intended to limit the lawful operation of sidewalk caf6s operating in accordance with Section 413 -59 of the Charter & Code of the City of Buffalo. Be It Finally Resolved. 1. Remote Broadcasts. Radio and television broadcasts from remote broadcast units located outside of a building regularly occupied by a radio or television station may be permitted within the event area at the discretion of the Allentown Association. No such remote broadcast or telecasts will be permitted by the Allentown Association are strictly prohibited. 2. Vendor and Exhibitor Identification. The Allentown Association shall provide all participants with suitable identification expressly indicating that each is an authorized participant in the event. Except as herein provided, there shall be no other participants within the event area during the event whether on public streets or out -of -doors on adjacent private property, including, but not limited to, exhibitors, concessionaries, vendors, and performers, individuals engaged in promotional activities, fundraising activities, displays of goods or otherwise. Performances are prohibited within the festival area. 3. Inflatable Devices. All temporary inflatable devices used to advertise or direct attention to a business, service, product and /or activity shall also be excluded from the event area. ADOPTED NO 106 BY: DR. CURTIS HAYNES, JR. 63 ANNUAL ALLENTOWN ART FESTIVAL Whereas: The Allentown Village Society, Inc. has requested permission to conduct the 53 Annual Allentown Art Festival on the weekend of June 12 and 13 2010; and Whereas: The purpose of the festival is to promote fine arts and crafts and support those talented individuals who create such work; and Whereas: The Allentown Village Society seeks to heighten public awareness of the fine arts and crafts and to heighten public awareness of all that the Allentown District of the City of Buffalo has to offer; and Whereas: Each year, the Allentown Art Festival attracts hundreds of thousands of people to the City of Buffalo, including hundreds of talented artists and craftspeople; and Whereas: The Special Events Advisory Committee, a committee established pursuant to Chapter 414 of the Charter & Code of the City of Buffalo: will meet to consider the application of the Allentown Village Society to hold the 53 Annual Allentown Art Festival; Now, Therefore, Be It Resolved: This Common Council of the City of Buffalo grants to the Allentown Village Society Inc., permission to conduct the 53 Annual Allentown Art Festival subject to the terms and conditions established by the Special Events Advisory Committee. Be It Further Resolved: Date and Time of Event. The event shall take place the weekend of June 12 and 13 2010, between the hours of 11:00 AM and 6:00 PM each day and the streets will be closed to general traffic from 8:00 AM until 8:00 PM. Be It Further Resolved Event Area. The event area shall be defined as follows: The area bounded by Summer Street on the north, Elmwood Avenue and South Elmwood Avenue (east side) on the west, Tracy Street (extended easterly) on the south, and Main Street (west side) on the east; and Be It Further Resolved Event Participants. The following terms and conditions shall apply to the event area: 1. Art and Craft Exhibitors. Art and /or craft exhibitors shall be permitted at the following locations only: Delaware Avenue between North Street and Tupper Street (east and west sides); Franklin Street between Allen Street and Virginia Street (one side only); Allen Street from Elmwood Avenue to Franklin Street (one side only); Virginia Street between Delaware Avenue and Franklin Street (one side only); and Edward Street between Elmwood Avenue and Delaware Avenue (south side only.) 2. Approval Process. Only art and craft exhibitors approved in accordance with the Allentown Village Society's application and selection process will be permitted to participate in the event area defined above. No more than 465 art and craft exhibitors will be permitted. Exhibitors engaged in the exhibition or sale of so- called "pseudo" art and commercial exhibitors not engaged in the exhibition or sale of arts and /or crafts shall not be included in that total. 3. Food Concessionaries and Vendors. Only food concessionaries and vendors approved in accordance with the Allentown Village Society's application and selection process will be permitted to participate in the event within the area defined above. Such approved food concessionaires and vendors shall be located in an area determined by the Allentown Village Society in accordance with the recommendation of the Commissioner of Police or his designee and the Commissioner of Fire or his designee. Food concessionaries and vendors will not be permitted to operate outside of the event area. 4. Promotional Items. The Allentown Village Society, Inc, at its sole discretion, may select and designate a single vendor employing a reasonable number of persons to vend balloons in the event area. The Allentown Village Society may also select and designate a single vendor to produce and sell Art Festival T- shirts, sweatshirts or similar merchandise. The Allentown Village Society in accordance with the recommendation of the Commissioner of Police or his designee and the Commissioner of Fire or his designee shall locate such vendors. 5. Compliance with Existina Laws. Not Withstanding the above. Participants, concessionaries, and vendors are required to comply with all applicable city, county, and state licensing and health code requirements. Nothing herein is intended to limit the lawful operation of sidewalk card's operating in accordance with Section 413 -59 of the Charter & Code of the City of Buffalo. Be It Finally Resolved. 1. Remote Broadcasts. Radio and television broadcasts from remote broadcast units located outside of a building regularly occupied by a radio or television station may be permitted within the event area at the discretion of the Allentown Village Society, Inc. No such remote broadcast or telecasts will be permitted by the Allentown Village Society, Inc. are strictly prohibited. 2. Vendor and Exhibitor Identification. The Allentown Village Society, Inc. shall provide all participants with suitable identification expressly indicating that each is an authorized participant in the event. Except as herein provided, there shall be no other participants within the event area during the event whether on public streets or out -of -doors on adjacent private property, including, but not limited to, exhibitors, concessionaries, vendors, and performers, individuals engaged in promotional activities, fundraising activities, displays of goods or otherwise. Performances are prohibited within the festival area. 3. Inflatable Devices. All temporary inflatable devices used to advertise or direct attention to a business, service, product and /or activity shall also be excluded from the event area. 4. Banners In celebration of the 53 Anniversary of the Allentown Art Festival, permission is hereby granted for the Allentown Village Society, Inc. to erect vertical banners on city light poles on Delaware Avenue between North Street and Tupper Street. The banners must comply with conditions set by the Department of Public Works, Parks and Streets. ADOPTED W /CONDITIONS NO 107 BY: DR. CURTIS HAYNES, JR. Whereas: The Langston Hughes Institute, at 963 & 969 Washington Street, has requested a waiver to its existing Land Disposition Agreement (LDA) from the City of Buffalo Urban Renewal Agency (BURA) ; and Whereas: The waiver would allow the Institute to sell its property to a private entity without undertaking previously agreed upon improvements to the land required under the LDA; and Whereas: Prior to the implementation of the above action, the requirements of the N.Y. State Environmental Quality Review Act (SEAR) must be satisfied; and Whereas: The project is an "Unlisted Action" for which BURA has completed a coordinated environmental assessment. It is submitted, in accordance with Section 617.7 of the regulations, that the impacts resulting from the proposed action will not have significant adverse impacts on the environment; and Whereas: The Negative Declaration (determination of no significant impact on the environment has been submitted to BURA; and Whereas: As a result of this environmental review, the Lead Agency has determined that the undertaking of this action will not constitute an action significantly affecting the quality of the environment. No further environment review of this action will be conducted prior to project implementation and a Draft Environmental Impact Statement will not be prepared; and Whereas: The project will: facilitate private investment in the neighborhood; prevent the establishment of incompatible land uses in the area; and potentially generate increased tax revenues for the City. The impacts that are likely to occur as a results of the project appear, on the whole, to be beneficial and will not, either individually or as a whole, have a significant adverse effect on the environment; and Whereas: The LDA waiver of these conditions will allow BURA to issue a Certificate of Completion to the Institute. The Certificate of Completion is necessary to clear title for a transfer of the real property to a third party. As the original LDA specified these improvements and were part of the actual project description that went to the Board and Council, a waiver of these conditions will also need approval by both. Now, Therefore, Be It Resolved: This Common Council of the City of Buffalo grants to the Buffalo Urban Renewal Agency permission to grant a waiver to the Langston Hughes Institute for its existing Land Disposition Agreement. Be it Finally Resolved: A certified copy of this resolution should be sent to BURA and the Langston Hughes Institute. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO 108 BY: DR. CURTIS HAYNES, JR. PERMISSION TO HANG A BANNER ON LIGHT POST IN FRONT OF 160 DELAWARE AVENUE Whereas: The Martin Group, LLC, located at 160 Delaware Avenue, has recently moved to the location; and Whereas: To announce their presence in the area, The Martin Group would like permission to hang a banner on the light post located in front of 160 Delaware Avenue; and Whereas: The Martin Group is familiar with the banner requirements; and Now, Therefore, Be It Resolved: That the Common Council of the City of Buffalo grants permission for The Martin Group to hang a permanent banner that will be hung from; and Now, Therefore, Be It Further Resolved: That the banner be hung in accordance with all conditions, restrictions and requirements as set forth by the City of Buffalo and the Department of Public Works, Parks and Streets. PASSED AYES -9 NOES -0 NO 109 BY: COUNCILMEMBER CURTIS HAYES JR. SET PUBLIC HEARING REG TO WAIVE CERTAIN CONDITIONS LDA OAK ST REDEV - LANGSTON HUGHES Request to Waive Certain Conditions in Land Disposition Agreement — Oak Street Redevelopment Project NYR -197 Langston Hughes Institute, Inc. — Redeveloper 33 High, 963 and 969 Washington Street WHEREAS, Langston Hughes Institute, Inc. and /or other legal entity to be formed (herein referred to as the "Redeveloper ") has been duly designated as qualified and eligible Redeveloper in accordance with the rules and procedures prescribed by the City of Buffalo Urban Renewal Agency; and WHEREAS, the City of Buffalo Urban Renewal Agency and the Redeveloper has executed a Land Disposition Agreement for the sale of 33 High, 963 and 969 Washington Street in the Oak Street Redevelopment Project NYR -197 Urban Renewal Area; and WHEREAS, certain conditions of the Land Disposition have requested to be waived; and WHEREAS, the waiving of certain terms of the Land Disposition Agreement were approved by the City of Buffalo Urban Renewal Agency; and WHEREAS, said request to waive certain conditions of the Land Disposition Agreement has been forwarded by the City of Buffalo Urban Renewal Agency to this Common Council for action, pursuant to section 507, subdivision 2 of the General Municipal Law; and WHEREAS, pursuant to Section 507 of the New York General Municipal Law, revisions to the Agreement require approval only after a public heating on due notice. NOW, THEREFORE, BE IT RESOLVED: 1. That the City Clerk is hereby directed to publish the notice attached hereto and marked "Notice of Hearing" in the Buffalo News, no later than the 15th day of May 2010. 2. That this Common Council will conduct a Public Hearing on the matter stated in said "Notice of Hearing" at 2:00 P.M. in the Council Chambers on the 25th of May 2010. ADOPTED NO 110 BY: COUCILMEMBER CURTIS HAYNES JR. APPROVAL TO WAIVE CERTAIN CONDITIONS IN LAND DISPOSITION AGREEMENT - OAK STREET REDEVELOPMENT PROJECT NYR -197 Langston Hughes Institute, Inc. — Redeveloper 33 High, 963 and 969 Washington Street WHEREAS, the Buffalo Urban Renewal Agency has duly designated Langston Hughes Institute, Inc. and /or other legal entity to be formed as qualified and eligible Redeveloper in accordance with rules and procedures duly adopted by the Agency; and WHEREAS, the City Clerk has published a Notice of Public Heating, as required by Section 507, Subdivision 2(d) of the "General Municipal Law" and WHEREAS, the proposed Amendment to the Land Disposition Agreement has been duly submitted to this Common Council by the Buffalo Urban Renewal Agency; and NOW, THEREFORE, BE IT RESOLVED: 1. The conditions of the Land Disposition Agreement that require improvements to the parking lot owned by Langston Hughes Institute, Inc. are hereby waived in order to facilitate transfer of the real property. 2. That the Mayor, the Chairman, Vice - Chairman, or any officer of the Buffalo Urban Renewal Agency is hereby authorized to execute any and all documents necessary to effectuate said waiver. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO 111 BY: MR. KEARNS INCREASED APPROPRIATION VARIOUS That, Pursuant to §20 -11 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, an appropriation in Various Departments for the current fiscal year, be and the same hereby is increased in the combined sum of $1,435,000. The increased appropriation will be met from the account Transfer from Capital Projects. From: Transfer from Capital Projects 10700090 - 391030 $1.435.000 To meet the increased appropriation as set forth below: TO: Human Resources - Benefits and Management $325,000 12555006 - 429007 Case Management Public Works - Buildings 13296003- 441004 Telephone $275,000 13296006- 443200_Building Repairs $335,000 Economic Development, Permit & Inspection Services 16550007 - 445100 Demolitions PASSED AYES -9 NOES -0 NO. 112 BY MR. KEARNS TRANSFER OF FUNDS COMMON COUNCIL That pursuant to §20 -12 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the sum of $2,000 be and the same is hereby transferred within the Common Council and said sum is hereby reappropriated as set forth below: From: Councilmember 8 10109004 - 458001 Transportation $500 10109004 - 458002 Meals & lodging $1,500 To City Clerk 10220006- 434000 Other Contractual Services $2,000 PASSED AYES -9 NOES -0 NO. 113 SPONSORS: MICHAEL P. KEARNS ASKING THE PRESIDENT TO ESTABLISH A WHITE HOUSE OFFICE OF UBRAN AFFAIRS LOCAL BRANCH OFFICE IN BUFFALO WHEREAS, Recognizing the importance of cities to the prosperity and quality of life of America, on February 19, 2009 President Obama signed into law an executive order which acknowledged what people in cities such as Buffalo have known for years, that "insufficient attention has been paid to the problems faced by urban areas and to coordinating the many Federal programs that affect our cities;" and WHEREAS, This executive order called for "forward- looking policies that encourage wise investment and development in our urban areas [that] will create employment and housing opportunities" and stated that "a more comprehensive approach is needed, both to develop an effective strategy for urban America and to coordinate the actions of the many executive departments and agencies whose actions impact urban life;" and WHEREAS, To coordinate issues facing America's cities, this executive order established within the Executive Office of the President a White House Office of Urban Affairs to be charged with the responsibility for developing an urban policy agenda; coordinating all aspects of urban policy; ensuring that executive departments and agencies consider the impact of their actions on cities; ensuring that federal funding for urban areas is effectively spent on the most high- impact programs; and reaching out to State and local officials, nonprofits, and the private sector to solicit input on urban policy and ensure that federal programs advance that policy; and WHEREAS, The City of Buffalo and Western New York area have experienced significant economic and social strife over the last half- century, the extent of which some would argue make our city emblematic of the very urban policy failures of previous administrations that the Obama Administration seeks to correct with this executive order. Although the decline of Buffalo and Western New York has slowed in recent years, and some success has been made in turning the Buffalo area around, the strides that have been made have often come in -spite of Federal and New York State policies, rather than as a result of them; and WHEREAS, In July 2009, stressing a "bottom -up" approach, President Obama charged the Office of Urban Affairs with visiting cities as part of a listening tour and "National Conversation" on urban .policy. Although this is an encouraging step, our experience locally suggests that a more concrete and permanent federal presence and aggressive approach to urban policy will be needed to make struggling urban areas like Buffalo great again; and WHEREAS, The executive order signed by President Obama states that the White House Office of Urban Affairs "shall have such staff and other assistance as may be necessary to carry out the provisions of this order;" and WHEREAS, The creation of local offices by the Office of Urban Affairs City, with a pilot office established in Buffalo, would send a strong and clear message to America's struggling urban areas that the President's executive order is more than mere rhetoric and that the Federal government is serious about changing course on urban policy and instituting a bottom -up approach to the problems facing urban areas. WHEREAS, THEREFORE, BE IT RESOLVED, That the Common Council of the City of Buffalo respectfully asks that the Obama Administration seriously consider the creation of local offices for the Office of Urban Affairs, with a pilot office to be established in Buffalo, to ensure the success of its ambitious Urban Policy agenda; and BE IT FINALLY RESOLVED, That the City Clerk forward a certified copy of this resolution to President Obama, the White House Office of Urban Affairs, the Mayor of Buffalo, the Buffalo Urban Renewal Agency, the Erie County Executive and the Niagara County Executive. ADOPTED NO. 114 BY MICHAEL P. KEARNS SPONSORS: MSSRS. LOCURTO, GOLOMBEK, HAYNES, RIVERA CO- SPONSORS: MRS. RUSSELL; MSSRS. FRANCZYK, SMITH, KEARNS, FONTANA PERMISSION TO HANG PRIDE FLAGS ON ELMWOOD AVENUE IN CELEBRATION OF ANNUAL PRIDE FESTIVAL WHEREAS, the City of Buffalo is home to many diverse communities, including members of lesbian, gay, bisexual, and transgender ( "LGBT') community; and WHEREAS, the Pride Center of Western New York, Inc. ( "PCWNY ") is an established 501(c)3 not - for - profit organization who mission is to work with the public to make Western New York a safe, healthy, and satisfying place for the LGBT population; and WHEREAS, each June Western New York and the LGBT community celebrate with festivities including the annual Pride Parade, concerts, and outreach opportunities; and WHEREAS, in 2010, PCWNY is organizing Buffalo's Annual Pride Festival and Parade; and WHEREAS, each year this celebration is marked by the installation traditional rainbow pride flags along Elmwood Avenue; and WHEREAS, PCWNY is familiar with the banner requirements and will purchase the necessary bond before the flags are installed; NOW, THEREORE, BE IT RESOLVED, that the Common Council of the City of Buffalo does hereby grant permission to the Pride Center of Western New York to hang flags on light poles along Elmwood Avenue between North Street and Bidwell Parkway from June 1 sc 2010 through June 30 2010; and NOW, THEREFORE, BE IT FINALLY RESOLVED, that the flags meet the requirements of all appropriate City Departments and that no existing laws, rules, or regulations be violated, particularly those found in City Charter and Code §387 -15 or other pertinent sections thereof; ADOPTED NO. 116 BY: MS. RUSSELL BUDGET AND PERSONNEL AMENDMENT 04 - OFFICE OF THE COMPTROLLER 1049 — CASH & DEBT MANAGEMENT The Common Council of the City Of Buffalo does ordain as follows: That part of Section 1 of Chapter 35 of the Code of the City of Buffalo, relating to 04 - Office of the Comptroller, 1049 - Cash & Debt Management which currently reads: Is hereby amended to read: IT IS I- IEREBY CERTIFIED, that a personnel requisition incident to the creation of the above - mentioned position, containing a statement of the duties for such position, has been filed with the Municipal Civil Service Commission, and said Commission has approved and certified the position title set forth in the foregoing ordinance as being the appropriate Civil Service title for the proposed position ANDREW A. SANFILIPPO, COMPTROLLER AND DONNA J. ESTRICH, DIRECTOR OF BUDGET, ADMINISTRATION AND FINANCE, hereby certify that the above change is necessary for the proper conduct, administration and performance of essential services of that department. We recommend that the compensation for said position be fixed at the respective amount set forth in the foregoing ordinance. PASSED AYES -9 NOES -0 NO. 116 BY MR. SMITH A RESOLUTION - CALLING FOR THE CREATION OF A COMPLETE STREETS COORDINATOR SHARED BY THE OFFICE OF STRATEGIC PLANNING AND THE DEPARTMENT OF PUBLIC WORKS WHEREAS, the City of Buffalo in 2008 adopted a Complete Streets Policy, assuring that all City streets are designed, constructed and operated to enable safe, attractive, and comfortable access for all users of all ages, including persons with disabilities, pedestrians, bicyclists, motorists and transit riders; WHEREAS, the competition for investment and entrepreneurial talent in the city requires vibrant streets and public spaces, not only transportation projects, that provide safety, beauty, and comfort for pedestrians, cyclists, motorists, and transit riders alike; WHEREAS, the 2008 Bicycle & Pedestrian Master Plan created and adopted by the Greater Buffalo Niagara Regional Transportation Council (GBNRTC) identifies that all project proposals for Transportation Improvement Projects will only be considered for funding if they adhere to Complete Streets principles; WHEREAS, in spite of the passage of a Complete Streets Policy, the absence of an implementation mechanism and support has made it nearly impossible for Buffalo to aggressively compete with peer cities, such as Madison, Minneapolis, and Grand Rapids, in implementing pedestrian and cyclist improvements; WHEREAS, since the passage of a citywide Complete Streets Policy in 2008, the City of Buffalo has managed to stripe only a single block of bicycle lanes, on Main Street between Tupper and Goodell, making a case for stronger implementation initiatives and the need for a focused citywide staff effort; and WHEREAS, the comprehensive implementation of Complete Streets policies require updated public space standards, an open and transparent planning process, and planning and design staff specifically trained in accommodating all users of public infrastructure. THEREFORE, BE IT RESOLVED, that the Common Council calls for the creation of a new Complete Streets Coordinator, to be shared by the Office of Strategic Planning and the Department of Public Works, whose task will be comprehensive citywide planning, implementation of the City's Complete Streets Policy and regular interaction and reporting to the Bicycle and Pedestrian Advisory Board; BE IT FURTHER RESOLVED, that a Complete Streets Coordinator shall be credentialed with a minimum of a Master's Degree in urban planning, urban design, traffic engineering, or a related field, and have a minimum of one year professional experience in implementing or in advocating for Complete Streets, Traditional Neighborhood Design (TND), and /or Context Sensitive Design (CSD) policies; BE IT FURTHER RESOLVED, that among the duties of the Complete Streets Coordinator, these shall include the coordination between City departments, the Bicycle and Pedestrian Advisory Board and between governmental partners such as the GBNRTC, NFFA, and NYSDOT the for implementation of the City's Complete Streets Policy; the creation of a new citywide Street Design Manual, based on recent policy guides such as New York's Street Design Manual, Seattle's Right -of -Way Improvements Manual, and San Francisco's Better Streets Plan, that will be the policy guide for all public space improvements in the City of Buffalo; the integration of the City's Complete Streets Policy in City planning and project initiatives, including the upcoming Citywide Land Use Plan and Transportation Strategy; and the application for state, federal, and foundation grants to financially enable the City to proactively implement its Complete Streets Policy in every section of the city; BE IT FURTHER RESOLVED, that the City Clerk send a certified copy of this resolution to the Office of Mayor Byron W. Brown, the Mayor's Office of Strategic Planning, the Department of Public Works, and the Greater Buffalo Niagara Regional Transportation Council (GBNRTC). REFERRED TO THE COMMITTEE ON LEGISLATION NO. 117 BY: MR. SMITH HOME RULE MESSAGE - ASSEMBLY BILL #A10916 AND SENATE BILL #S7664 - "AN ACT TO DEEM THE OBJECTS OR PURPOSES FOR WHICH CERTAIN BONDS WERE ISSUED BY THE CITY OF BUFFALO TO BE FOR SITE IMPROVEMENTS ADJACENT TO ALL HIGH STADIUM IN SAID CITY AND AUTHORIZING THE EXPENDITURE OF THE PROCEEDS FROM SUCH BONDS FOR SUCH OBJECTS OR PURPOSES." Whereas: A Bill has been introduced in the New York State Assembly Bill #A 10916 and Senate Bill #$7664 - the purpose of which is to deem the objects or purposes for which certain bonds were issued by the city of Buffalo in the county of Erie (the "City "), to be for site improvements adjacent to All High Stadium in said city and to authorize the City to expend a $598,000 portion of the proceeds of certain bonds issued on April 26, 2006 for such purposes; and Whereas: This bill, which would be effective immediately upon enactment, would deem the objects or purposes for which certain bonds were issued by the City on April 26, 2006 to be for site improvements adjacent to All High Stadium in the City, to expand parking facilities and create a buffer zone between the parking facilities and adjacent residences, and to authorize the City to expend a $598,000 portion of the proceeds from the issuance of such bonds for such objects or purposes; and Whereas: The Council previously adopted a bond resolution which stated that expenditure of a portion of the proceeds from such bonds was not needed to finance such cost of land acquisition because the City acquired certain of such parcels through in -rem foreclosures and auctions and transferred jurisdiction for school purposes to the Buffalo City School District; and Whereas: Section 165.00 of the Local Finance Law provides that the proceeds from the issuance of bonds shall be expended only for the object or purpose for which said bonds were issued or for the payment of principal of and interest on said bonds.; and Whereas: Notwithstanding any other provision of law to the contrary, the passage of this act would enable the City to expend said bond proceeds for the All High Stadium parking facilities purposes. Now Therefore Be It Resolved: That the Common Council of the City of Buffalo hereby goes on record in support of Assembly Bill #A10916 and Senate Bill #S7664, deeming the objects or purposes for which certain bonds were issued by the city of Buffalo to be for site improvements adjacent to All High Stadium and authorizing the expenditure of the proceeds from such bonds for such objects or purposes; and Be It Further Resolved: That the City Clerk be directed to forward certified copies of this resolution to the Home Rule Counsel of the Assembly and the Senate; Assembly Speaker Sheldon Silver, Senate Temporary President Malcolm Smith, and to members of the Western New York State Legislative Delegation. ADOPT NO. 118 BY: MR. SMITH HOME RULE MESSAGE REQUESTING THE NEW YORK STATE LEGISLATURE TO PASS BILL S. 1156 (,4,. 2062) TO AMEND THE VEHICLE AND TRAFFIC LAW IN RELATION TO DIRECTING THE CITY OF BUFFALO TO ADJUDICATE TRAFFIC INFRACTIONS WHEREAS, Bill S. 1156 (A. 2062) has been introduced in the New York State Senate; and WHEREAS, such bill would direct the City of Buffalo to adjudicate traffic infractions, which are presently adjudicated by the New York State Department of Motor Vehicles; and WHEREAS, such authorization would have a positive benefit to the people of the City of Buffalo by permitting all traffic related violations to be adjudicated in a single convenient location; and WHEREAS, such authorization would be of benefit to the City of Buffalo by allowing the City to participate in and receive traffic infraction revenue; and WHEREAS, such authorization would place the City of Buffalo in a position equal to other cities and towns in the State of New York with respect to the adjudication of traffic infractions; and WHEREAS, the City of Buffalo does not have the power to enact such legislation by local law; NOW, THEREFORE, BE IT RESOLVED that, pursuant to Article IX of the New York State Constitution, the City of Buffalo requests the enactment of Senate Bill 1156 (Assembly Bill A. 2062), entitled "AN ACT to amend the vehicle and traffic law, in relation to directing the City of Buffalo to adjudicate traffic infractions "; and BE IT FURTHER RESOLVED, that it is hereby declared that that a necessity exists for the enactment of such legislation, and that the facts establishing such necessity are that the city does not have the power to enact such legislation by local law; and BE IT FURTHER RESOLVED, that the City Clerk is hereby directed to forward four (4) copies of this Home Rule Request to the New York State Legislature as follows: Two (2) copies of this Resolution and two (2) copies of the completed Home Rule Request to the Senate Home Rule Counsel at Senate Post Office, The Capitol, Albany, New York 12247; and two (2) copies of this Resolution and two (2) copies of the completed Home Rule Request to the Assembly Home Rule Counsel at Assembly Post Office, The Capitol, Albany, New York 12248. ADOPT NO. 119 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 Paul Falzone David Szprygada Joseph Fahey TOTAL 3 ADOPTED NO. 120 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, May 18, 2010 at 9.45 o clock A.M. Committee on Finance following Civil Service Tuesday, May 18, 2010 at 10:00 o'clock A.M. Committee on Comm. Dev. Tuesday, May 18, 2010 at 1:00 o'clock P.M. Committee on Legislation Tuesday, May 18, 2010 at 2:00 o'clock P.M. (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 meetinas 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. NO. 121 ADJOURNMENT On a motion by Mr. Fontana, Seconded by Mr. Golombek the Council adjourned at 3:00 pm GERALD CHWALINSKI CITY CLERK