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HomeMy WebLinkAbout06-0321 No.6 COMMON COUNCIL PROCEEDINGS OF THE CITY OF BUFFALO MARCH 21, 2006 FIRE AND POLICE PENSION MARCH 23, 2006 SPECIAL SESSIONS MARCH 14 AND MARCH 15 2006 MAYOR Hon. Byron W. Brown COMPTROLLER Andrew Sanfilippo COMMON COUNCIL PRESIDENT OF THE COUNCIL FILLMORE DISTRICT David A. Franczyk PRESIDENT PRO TEMPORE UNIVERSITY DISTRICT Bonnie E. Russell MAJORITY LEADER NIAGARA DISTRICT DOMINIC J. BONIFACIO JR DISTRICT COUNCIL MEMBERS BRIAN C. DAVIS - ELLICOTT RICHARD A. FONTANA - LOVEJOY ANTOINE M. THOMPSON - MASTEN - DELAWARE JOSEPH GOLOMBEK JR. - NORTH MICHAEL P. KEARNS - SOUTH REGULAR COMMITTEES CIVIL SERVICE COMMITTEE: Bonnie E. Russell Chairman, Brian C. Davis, Joseph Golombek Jr., Richard A. Fontana- Members CLAIMS COMMITTEE: Michael Kearns Chairman, Richard A. Fontana, Joseph Golombek,Jr., Antoine M. Thompson - Members COMMUNITY DEVELOPMENT COMMITTEE: Joseph Golombek, Jr. Chairman, Dominic J. Bonifacio Jr., Bonnie E. Russell, Antoine M. Thompson - Members FINANCE COMMITTEE: Brian C. Davis, Chairman, Dominic J. Bonifacio, Jr.,Michael Kearns, Members. LEGISLATION COMMITTEE: Richard A. Fontana, Chairman, Dominic J. Bonifacio Jr., Bonnie E. Russell - Members RULES COMMITTEE: David A. Franczyk, Chairman, Bonnie E. Russell - Members SPECIAL COMMITTEES BUDGET COMMITTEE:Dominic J. Bonifacio, Jr., Chairman, Brian C. Davis, Joseph Golombek, Jr. - Members MINORITY BUSINESS ENTERPRISE COMMITTEE- Antoine M. Thompson, Chairman Brian C. Davis EDUCATION COMMITTEE Antoine M. Thompson, Chairman, Richard A. Fontana, David A. Franczyk, Bonnie E. Russell Members CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO TUESDAY, MARCH 21, 2006 AT 2:00 P.M. PRESENT – David A. Franczyk, President of the Council, and and Council Members Bonifacio, Davis, Fontana, Golombek, Kearns, Russell and Thompson – 8. ABSENT - None On a motion by Mr. Bonifacio seconded by Mr.Fontana, the minutes of the stated meeting held on March, 7 2006 were approved. FROM THE MAYOR FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE CITY PLANNING BOARD NO. 1 M. CRAMER 185 ALLEN ST. EXPANSION OF BUILDING, USE ITEM NO. 56, C.C.P. 3/7/2006 The City Planning Board at its regular meeting held Tuesday, March 14, 2006, considered the matter captioned above pursuant to Section 511-57 of the Buffalo Code, Allen Street District. The applicant seeks construct a 12'x30' one story building addition for a restaurant at 185 Allen Street. Under SEQR the proposed building addition is considered an unlisted action which may be studied through uncoordinated review. The Planning Board voted to recommend approval of the restricted use for the proposed restaurant but notes that the applicant is required to obtain City-Wide Design and Site Plan approval from the Board and review and approval from the Preservation Board. Mr. Bonifacio moved That the item is approved on the condition that the applicant obtain City-Wide design and site plan approval from the City Planning Board and review and approval from the Preservation Board prior to contribution. PASSED AYES – 7 NOES - 0 NO. 2 ELLICOTT URBAN RENEWAL PLAN AMENDMENT 164-192 SWAN AND 175-189 SO. DIVISION The City Planning Board at its regular meeting held Tuesday, December 20, 2005, considered the matter captioned above pursuant to Section 505 of General Municipal Law, Urban Renewal Plan. The City Planning Board voted to receive and filed the proposed amendment of the Ellicott Urban Renewal Plan for the purpose of changing the land use of parcels of land at 16~192 Swan and 175-189 So. Division Street from residential for the purpose of constructing a surface parking lot. Furthermore the Planning Board stated that the Planning Board's ten week review has past and since the neighbors can not come to any agreeable compromises with the proposed developer of the surface parking lot the Board is referring this item to the Common Council for appropriate SEQR action. The Planning Board is attaching the Board minutes to aid in the decision process. REFERRED TO THE COMMITTEE LEGISLATION NO. 3 AMENDMENT OF URBAN RENEWAL PLAN 175 S. DIVISION STREET BUFFALO, NEW YORK Dear Mr. Grillo: We are currently working with the New York State Department of Transportation to relocate its offices from the Donovan Building to our property at 100 Seneca Street. The State will need 140-150 off-site parking spaces in addition to the 178 on-site spaces at 100 Seneca Street. . The off-site parking spaces should be located in a single parking lot within 2-3 blocks of the building. The rate per parking space should be comparable to the rates negotiated at 100 Seneca Street (i.e., $45.00-$50.00 per month) and should be guaranteed for the full 15-year term of the lease. The off-site parking lot Should be paved, fenced and lit in accordance with OGS specifications. Ideally, the off-site parking lot would be owned or controlled by the landlord so that it could be incorporated into the terms of the lease. (See, Letter from Barbara Gray, dated August 29, 2005, a copy of which is attached). After surveying all of the existing parking lots within 2-3 blocks of the building, we have been unable to find a lot that adequately meets the needs of the State. In particular, none of the existing parking lot owners were willing to commit to the 15-year term or to make the necessary improvements required by the State. As such, we have been forced to explore other alternatives. We would like to pursue the development of a parking lot on our vacant parcel of property at the comer of Michigan Avenue and S. Division and have enclosed a preliminary site plan for your review. This site plan addresses many of the issues previously raised by the various neighborhood groups, including the following: (a) Landscaping and an ornamental fence along the perimeter of the site; A 20-foot landscaped buffer and wood stockade fence between the parking lot and the adjoining properties; and Locating the entrance on Michigan Avenue to minimize any potential interference with the adjoining neighborhood. We will continue working with these groups throughout the course of the process. With the exception of a limited number of evening and weekend events, the parking lot will be dedicated primarily to the State of New York and will not be operated as a public parking lot. As you are aware, the project will require an amendment to the existing Urban Renewal Plan, which is set to expire on August 1, 2007. Given the State's timeframe, we would like to begin the process as soon as possible. Please review the enclosed materials and call us with any additional information that you need. If you do not need any additional information, please submit the enclosed site plan and our request for an amendment of the Urban Renewal Plan to the Planning Board at your earliest convenience. Thank you for your time and attention. REFERRED TO THE COMMITTEE ON LEGISLATION. NO. 4 ELLICOTT DEVELOPMENT COMPANY - PROPOSED PARKING LOT AT MICHIGAN AVENUE AND SOUTH DIVISION STREET Dear Councilmember Davis: I recently received a copy of a letter from the Ellicott Development Company requesting that the City of Buffalo approve the placement of a commercial parking lot on the vacant property at the Southeast comer of Michigan and South Division Street. This lot has been vacant for many years and is currently zoned residential. In the Urban Renewal plan for the area, this property has been specifically designated for new housing which would complement the city's ongoing efforts to build and maintain the new residential character that is emerging in the surrounding community. Successful projects such as the Eilicott Town Center, Ellicott HomesWest and the new owner occupied homes along Swan Street have represented the type of public/private investment that has contributed to the unprecedented growth in this once neglected community. It is Norstar's view that changing the designated residential use of the property, especially to allow a commercial parking lot, would only act to defeat the success of the existing development in the area. The new homeowners and other property owners in the area have unanimously opposed past attempts to amend the Urban Renewal Plan. Additionally, this proposed change represents an attempt at spot zoning, which has always proven to be detrimental to maintaining the highest and best use of property, especially in inner city communities. Finally, Norstar strongly opposes the designation of more commercial space in the Michigan Street corridor. The existing commercial properties are underutilized, and in 2004 Norstar proposed a parking lot for the vacant parcel of land which we own next to our office building on Michigan Ave. This property is currently zoned commercial, and would have accommodated the students at Erie Community College. The City of Buffalo's Planning Board and the Office of Strategic Planning strenuously opposed the plan indicating that a parking lot was not the highest and best use for the property and community. While we continue to seek the suitable commercial redevelopment of the site our current efforts have not proven successful. As an adjacent residential property owner, Norstar views the proposed Urban Renewal Plan amendment as inappropriate and requests that the Common Council deny the commercial rezoning of 164-192 Swan Street and 175-189 South Division Street. th We will register our objection to this matter at the Planning Board Meeting on December 20and at the City Council Meeting if the matter goes to the Council. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 5 S. HERMANN 360 DINGENS ST. ACCESSORY POLE SIGN ITEM NO. 73, C.C.P. 3/7/2006 The City Planning Board at its regular meeting held Tuesday, March 14, 2006, considered the matter captioned above pursuant to Section 387-19 of the Buffalo Code, Application for billboard, ground or pole sign permits. The applicant seeks to erect an illuminated 35' high accessory pole "ID" sign at 360 Dingens Street. The Planning Board voted to reaffirm their previous design and site plan approval of an accessory pole ~ID' at a maximum height of 18'. REFERRED TO THE COMMITTEE ON LEGISLATION. NO. 6 SAVARINO DEVELOPMENT 1009-1121 ELMWOOD, 605 AND 9999 FOREST ” REZONE “EB”AND “R3" TO “C2 SPECIAL DEVELOPMENT PLAN NO. 33 ITEM NO. 73, C.C.P. 3/7/06 The City Planning Board at its regular meeting held Tuesday, March 14, 2006, considered the matter captioned above pursuant to Section 511-126 of the Buffalo Code, Zoning Amendments. The applicant seeks to rezone parcels of land located at 1109-1121 Elmwood Avenue from “EB”and parcels of land located at 605 and 9999 Forest Avenue from “R3" to “C2" to allow for the construction of a 4 story hotel with ground floor retail. The City Planning Board, after taking into consideration of the concerns raised by various neighbors and groups, developed Special Development Plan Serial No. 33 for this specific rezoning petition. The Planning Board discussed overall parking and traffic strategies that should be studied by the City Department of Public Works for the general area around the intersection of Elmwood and Forest Avenues. The City Planning Board is the Lead Agency under SEQR and has completed a coordinated review of this Type 1 Action. The City Planning Board has issued a SEQR Negative Declaration for this Special Development Plan rezoning and the proposed hotel/retail project. The Planning Board voted to approve the proposed Special Development Plan rezoning and recommends that the City of Buffalo Common Council adopt the City Planning Board's SEQR Negative Declaration and approve the Special Development Plan Serial No. 33 rezoning petition. Attached are the Special Development Plan and the SEQR Negative Declaration. Mr. Bonifacio moved: That the above communication from the City Planning Board dated March 16, 2006, be received and filed; and That the Common Council Adopt City Planning Board's SEQR Negative Declaration and approves the Special Development Plan Serial No. 33 rezoning petition as attached to the above communication. PASSED AYES – 7 NOES - 0 NO. 7 GENESEE VILLAGE URBAN RENEWAL PLAN ITEM 2, C.C.P. 2/21/2006 The City Planning Board at its regular meeting held Tuesday, March 15, 2006, considered the matter captioned above pursuant to Section 505 of General Municipal Law, Urban Renewal Plan. The City Planning Board voted to accept the SEQR Negative Declaration adopted by the Common Council at their March 7, 2006 meeting and furthermore gives their Unqualified Approval of the Genesee Village Urban Renewal Plan. The City Planning Board previously issued a finding statement on the Genesee Village Urban Renewal Plan and filed such findings with the Common Council. The City Planning Board recommends that the Common Council adopt the Planning Board's finding statement and approve the Genesee Village Urban Renewal Plan. The City Planning Board's finding statement is attached to this filing. ADOPTED FROM THE OFFICE OF STRATEGIC PLANNING NO. 8 50 COURT STREET The City of Buffalo Urban Renewal Agency duly designated 1097 Group, LLC 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 has also determined that the proposed revised Land Disposition Agreement (enclosed) negotiated by the Agency and the Redeveloper is satisfactory. The Land Disposition Agreement, as proposed, sets forth a purchase price of $700,000, and provides strict performance timelines within which the Redeveloper must comply or risk financial penalties or a declaration of default and reversion of the property back to the Agency. 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 hearing, and to direct the publication of a notice of said hearing. In the interest of time and anticipating that Your Honorable Body is willing to expedite this matter, a Resolution has been prepared, together with a Notice of Public Hearing for your action. Forwarded separately are the following documents: 1. Resolution setting Public Hearing 2. Notice of Public Hearing 3. Resolution approving proposed Land Disposition Agreement After the Public Hearing is held, Your Honorable Body may adopt a Resolution authorizing the disposition of the land to the Redeveloper, which the Agency has designated as being qualified and eligible. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 9 AMEND LEASE AGREEMENT BETWEEN THE CITY OF BUFFALO AND SCHOOL NO. 47 POLICY BOARD AND THE COMMUNITY ACTION ORGANIZATION, INC. TO MANAGE THE COMMUNITY CENTER LOCATED AT 406 PRATT STREET ITEM NO. 2, C.C.P. 4/5/05 Your Honorable Body approved a lease agreement between the City of Buffalo and the School No. 47 Policy Board and the Community Action Organization, Inc. to manage the community center at 406 Pratt Street on April 5, 2005, Item No. 2 (see attachment). The lease was not executed by the lessee due to recent financial restructuring. The management of the Community Action Organization has recently notified us that they will be solely responsible for the operation and maintenance of the facility and would like to amend the lease agreement with the following changes: Eliminate the School #47 Policy Board from the name of the Lessee so that the lease will be between the City of Buffalo and the Community Action Organization, Inc. Amend Page 2, Paragraph 9 to read that the City shall be responsible for the payment of all utilities, if applicable. All other terms and conditions shall remain the same. Therefore, should Your Honorable Body approve amending the attached lease agreement, I am recommending that the Corporation Counsel prepare the necessary lease agreement and that the Mayor be authorized to execute the same. REFERRED TO THE COMMITTEE ON FINANCE. NO. 10 COMMON COUNCIL LETTER, FEBRUARY 22, 2006 WATERFRONT DEVELOPMENT COMMITTEE "P. HINCHY OUTER HARBOR DEVELOPMENT PLAN" (ITEM NO.67, C.C.P. 02/21/06) The Office of Strategic Planning has reviewed the plan documents supplied in the Common Council communication dated 02/22/06. Mr. Hinchy's proposed Outer Harbor Development Plan is essentially a recreation land use proposal. The plan, if developed as proposed, would be in compliance with the recently adopted City of Buffalo Comprehensive Plan "Queen City in the 21st Century". Please be advised that the plan conflicts with the NFTA Uniland and Opus proposal for the NFTA controlled portion of the Outer Harbor. The NFTA proposal suggests a combination of recreation, mixed commercial and residential uses. The Hinchy proposal calls out for a park for that portion of the Outer Harbor. Although interesting, the concept does nothing to speak to financial capacity of the person/company making the proposal or to the financial feasibility of the proposal. REFERRED TO THE SPECIAL COMMITTEE ON WATERFRONT DEVELOPMENT NO. 11 RESULTS OF NEGOTIATIONS 31 HOWARD, 28' E MADISON LOT SIZE: 27' X 93' ASSESSED VALUATION: $1,200 35 HOWARD, 55' E MADISON LOT SIZE: 27' X 93' ASSESSED VALUATION: LAND $ 1,200 TOTAL 12,200 37 HOWARD, 82' E MADISON LOT SIZE: 27' X 93' ASSESSED VALUATION: $1,200 (ELLICOTT DISTRICT) The Office of Strategic Planning, Division of Real Estate, has received a request to purchase the above subject City owned properties from Ms. Laurletha Jackson, 193 Howard Street, Buffalo, New York 14206. 31 and 37 Howard are vacant lots and 35 Howard is a single family house. Ms. Jackson intends to make repairs in the amount of Eight Thousand Five Hundred Dollars ($8,500), in order to bring 35 Howard into code compliance and use as a place of residence. The lots 31 and 37 Howard are on both sides of the house and will be used for additional yard space. The purchaser has provided the Division of Real Estate with cost estimates and proof of financial ability to acquire and rehabilitate 35 Howard. This structure consists of a two and one half story single family, frame, five bedroom with 1,144 square feet of living area, situated on a lot 27' x 93'. The building is in fair condition, acquired by the City of Buffalo through tax foreclosure in 2000. The Department of Permits and Inspection Services and the Division of Collections have no objections to the sale. There are no 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 properties in the subject area. Sales prices range from One Dollar and Seventy-One Cents ($1.71) to Three Dollars and Fifty Cents ($3.50) per square foot of living area. The results of our negotiations are that Ms. Jackson is prepared to pay Three Thousand Seven Hundred Dollars ($3,700) for the house or Three Dollars and Fifty Cents ($3.50) per square foot of living area and Two Thousand Four Hundred Dollars ($2,400) for the lots. Ms. Jackson has also agreed to pay for the cost of transfer tax, recording fees and cost of the legal descriptions. I am recommending that Your Honorable Body approve the sale of 31, 35 and 37 Howard Street to Mrs. Laurletha Jackson in the total amount of Six Thousand One Hundred Dollars ($6,100). I am further recommending that the Corporation Counsel prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 12 REAL ESTATE RESULTS OF NEGOTIATIONS 24 MANHATTAN, 215' N LEROY LOT SIZE: 30'X 122' ASSESSED VALUATION: LAND $ 3,200. TOTAL 10,000. (MASTEN DISTRICT) The Office of Strategic Planning, Division of Real Estate, has received a request to purchase 24 Manhattan from Mrs. Willie Louise Wright, 40 Deerfield Avenue, Buffalo, New York 14215. She intends to make repairs in the amount of Thirty Six Thousand Dollars ($36,000), in order to bring 24 Manhattan into code compliance and use as a place of residence. The purchaser has provided the Division of Real Estate with cost estimates and proof of financial ability to acquire and rehabilitate 24 Manhattan. This structure is a 2 story, single family, frame, three bedroom home with 1,232 square feet of living area, situated on a lot 30' x 122'. The house is in fair condition, acquired by the City of Buffalo through tax foreclosure in 2004. The Department of Permits and Inspection Services and the Division of Collections have no objections to the sale. There are no 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 properties in the subject area. Sales prices range from Four Dollars and Eight-Five Cents ($4.85) to Twenty-Eight Dollars ($28.00) per square foot of living area. The results of our negotiations are that Mrs. Wright has agreed and is prepared to pay Six Thousand Dollars ($6,000.), Four Dollars and Eighty-Five Cents ($4.85) per square foot of living area. She has also agreed to pay for the cost of transfer tax, recording fees and cost of the legal description. I am recommending that Your Honorable Body approve the sale of 24 Manhattan to Mrs. Willie Louise Wright in the amount of Six Thousand Dollars ($6,000). I am further recommending that the Corporation Counsel prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. Mr. Bonifacio moved: That the above communication from the Office of Strategic Planning, Division of Real Estate, dated March 15, 2006, be received and filed; and That the offer from Mrs. Willie Louise Wright, residing at 40 Deerfield Avenue, in the sum of six thousand dollars ($6,000.00) for the purchase of 24 Manhattan, be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Corporation Counsel be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES - 7 NOES - 0 NO. 13 RESULTS OF NEGOTIATIONS 200 PINE, 65' N WILLIAM LOT SIZE: 66' X 30' WAP IN NW CORNER 24' X 71' ASSESSED VALUATION: $1,000. 202 WILLIAM, 100' W PINE LOT SIZE: 25' X 77' ASSESSED VALUATION: $1,900 The Office of Strategic Planning, Division of Real Estate has received a request to purchase 200 Pine and 202 William from Mr. James Sandoro, 24 Myrtle Avenue, Buffalo, New York 14204. Mr. Sandoro owns 206 William, which is adjoining to 200 Pine and 202 William. He intends to expand his property line. The Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. The Division of Real Estate has investigated the sale of similar lots in the subject area. Sale prices range from Forty-Five Cents ($.45) to Seventy-Five Cents ($ .75), per square foot. The results of our negotiations are that Mr. Sandoro has agreed and is prepared to pay Three Thousand Four Hundred Dollars ($3,400), Sixty Cents ($ .60) per square foot for the subject properties. Mr. Sandoro has also agreed to pay for the cost of the transfer tax, recording fees and cost of the legal descriptions. I am recommending that Your Honorable Body approve the sale of 200 Pine and 202 William to Mr. James Sandoro in the amount of Three Thousand Four Hundred Dollars ($3,400). I am further recommending that the Corporation Counsel prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. Mr. Bonifacio moved That the sale of 200 Pine and 202 William to Mr. James Sandoro in the amount of $3,400 is approved and that the Corporation Counsel is authorized to prepare the necessary documents and that the Mayor is authorized to execute the same PASSED AYES - 7 NOES - 0 NO. 14 RESPONSE - VACATING LADDER NO. 12 NORTH DISTRICT NO. 129, C.C.P. 3/7/06 The above referenced item is a communication from the Fire Commissioner advising that the Fire Department is vacating 395 Amherst Street for public use. The item has been referred to the Office of Strategic Planning, Division of Real Estate for a response. Your Honorable Body may authorize the abandonment/sale of the property and transfers the property over to the Division of Real Estate for disposition. The Division of Real Estate will secure and market the property in accordance with Article 27 of the City Charter and report the results of our negotiations back to Your Honorable Body for final approval. REFERRED TO THE COMMITTEE ON FINANCE FROM THE COMPTROLLER NO 15 BOARD OF EDUCATION AUDIT JULY 1, 2003- DECEMBER31,2005 RECOMMENDATIONS Training of the Board in financial matters is part of the School Accountability Acts recently signed into law or in the legislative process. 5. The education law is amended by adding a new section 2102-a to read as follows 2102 a. Required training for school district officers. 1. Every trustee or voting member of a board of education of a school district or a board of cooperative educational services, elected or appointed for a term beginning on or after July first, two thousand five, shall, within the first year of his or her term, complete a minimum of six hours of training on the financial oversight, accountability and fiduciary responsibilities of a school board member. Upon demonstration of compliance, no trustee or member of a board of education or a board of cooperative educational services shall be required to repeat this training requirement. Nothing in this section shall be deemed to require a member of a central high school district board or a member of a board of cooperative educational services to complete such requirement if such member has already completed such requirement as a member of a board of a component school district. 2. The curriculum used for training on financial oversight, accountability and fiduciary responsibilities shall be approved by the commissioner in consultation with the comptroller. This curriculum may be offered as part of a general course of training for the purpose of educating trustees or members on their powers, functions and duties. The training required by this section may be offered by providers approved by the commissioner. In approving other providers for this training, the commissioner shall consider the potential provider's understanding of the educational environment, the roles of trustees and boards of education and boards of cooperative educational services, and the experience of the provider in delivering such training; RECOMMENDATIONS ON SPECIFIC FINDINGS 1 .) Accounts payable procedures and operations (a.) The filing system for the Board is complex, cumbersome and inefficient. REFERRED TO THE COMMITTEE ON FINANCE. NO. 16 BOARD OF EDUCATION AUDIT FOLLOW-UP The Comptroller's Department issued a report based on the findings uncovered in our audit. Two specific findings are unresolved. Findings on two large contracts uncovered in the audit involved invoices in the range of tens to hundreds of thousands of dollars. The total contracts amounted to several millions of dollars. These findings have not been explained to our satisfaction. Not only has the Board of Education (BOE) not explained why they have paid invoices on a contract without the proper documentation, but in its' reply has not asserted that it would research the invoices and immediately cease making any future payments until such documentation is forthcoming. With respect to our finding on the FOIL, the BOE has the fight under the contract to require documentation as to the scope of and completion of the work. The Comptroller has the right to require documentation sufficient to pay invoices against this contract. As a party to the contract, the BOE and the Comptroller have every right to require this documentation, regardless of the FOIL, in order to protect the public's trust. The audit follow-up is attached, which displays the findings from the audit and the subsequent replies from the BOE. Additionally, we have included information from audited reports of the State Comptroller's Office that is relevant to this issue. We also included excerpts from the State Finance and Public Authorities laws on "proper invoices". We will submit this report to the State Comptroller and the State Education Department within the next two weeks. Hopefully a resolution is forthcoming in the interim. REFERRED TO THE COMMITTEE ON FINANCE FROM THE COMMISSIONER OF ASSESSMENT AND TAXATION No. 17 Grass Cutting Invoice Transfers Item 3, C.C.P. March 7, 2006 Item 32, C.C.P. February 7, 2006 In response to the Common Council communication submitted by Joseph N. Giambra, Commissioner of the Department of Public Works, Parks & Streets, requesting that unpaid invoices for grass cutting be placed on the Local tax rolls, it is the policy of the Department of Assessment and Taxation to assess all Local Assessment liens to the first half of the tax roll of the next succeeding fiscal year, pursuant to Section 28-13 of the City of Buffalo Charter and Code. However, prior to doing so, the Department of Assessment and Taxation must first comply with all of the requirements of Sections 28-15, 28-17, 28-40, 28-41, 28-42, 28-43, 28-52, 28-53, of the City of Buffalo Charter and Code. When the communication is approved by your Honorable Body, the Special Assessment for Locals process starts. The Department of Assessment and Taxation sends a notices to property owners informing them of the Special Assessment Charge and gives them ten days to protest the charge. At the same time, the information is submitted to the City Record for publication for a period of ten working days. At the expiration of ten days, the Local Assessment Roll is signed by the City Clerk and forwarded to the Law Department to approve as to form. After approval by the Law Department, a certiorari proceeding must be published in the City Record for two consecutive days in two consecutive weeks. The lien date is set and Local Assessment bills, such as grass and tree cutting, sidewalk repairs, demolition, etc., are sent out giving the property owner thirty days to pay without interest. The local assessment year ends February 28 and any bills over thirty days outstanding on March 1 are added to the July 1 first half tax. Therefore, since there is insufficient time to meet the foregoing requirements, the invoices referred to and attached to Commissioner Giambra's communication cannot be added to the first half tax roll until July 2007. However, we will send a Local Assessment bill for grass cutting after we have complied with all of the requirements of the above sections of the City Charter and Code. RECEIVED AND FILED NO. 18 Permission to Accept Funds from New York State Office of Real Property Services RPTATIP Grant Contract #CG05069 The City of Buffalo has been awarded funds, which we are currently waiting for, in the amount of $59,928, under a Grant Program funded by New York State. The funds will be disbursed by the New York State Office of Real Property Services through the 2005-2006 Real Property Tax Administration Technology Improvement Grant Program. The funds are to be used by the Department of Assessment and Taxation to utilize advancements in technology to increase the effectiveness of City of Buffalo Assessors through the use of laptops and a pilot GPS/measuring program. The purchase of twelve laptops, one GPS device, one Laser measuring device with Pocket PC, and server upgrades will enable Assessors to input essential parcel information from the field directly into the New York State RPS system via wireless connection. Anticipated results include: (1) More effective use of Assessors' time due to a decrease in number of hours spent on preparing paperwork for data entry by directly entering data on the laptop; (2) Increased ability to access and compile information needed to generate regularly scheduled reports; (3) More accurate and less time consuming measurements. I am therefore requesting permission from your Honorable Body for the City of Buffalo to accept grant funds from the New York State Office of Real Property Services, to execute all necessary agreements to implement this Grant, and to set up an appropriate account receivable for this purpose. There is no City match involved with this Grant. Mr. Bonifacio moved: That the above communication from the Commissioner of Assessment and Taxation dated March 13, 2006, be received and filed; and That the Common Council accept grant funds from the New York State Office of Real Property Services, to execute all necessary agreements to implement the 2005-2006 Real Property Tax Administration Technology Improvement Grant Program, and to authorized the Comptroller to set up an appropriate account receivable for this purpose PASSED AYES 7 NOES –0 No. 19 Tax Relief to Owner Occupied Non-Homestead Properties Item #118, C.C.P. 12/27/05 Item #21, C.C.P. 1/10/06 This communication is a follow-up to the Department of Assessment and Taxation's response dated January 5, 2006 to Councilmember Golombek's resolution, cited above, concerning Tax Relief for Owner Occupied Non-Homestead Properties. Records of the Department of Assessment and Taxation have been reviewed and the attached list of properties have been identified as Non-Homestead (commercial) properties without exemptions whose owners may reside on the property and therefore may be entitled to one or more exemptions provided they meet New York State and/or City of Buffalo requirements. The list contains 949 properties sorted by Council District and then alpha order by address. This month the Department of Assessment and Taxation will send the attached informational mailing to these owners advising them of the vadous exemption programs that the City of Buffalo already offers, general exemption requirements and who to contact for more information, with questions or to apply. Each type of exemption has very specific provisions but the primary criteria are that the individual must own the property and reside there. I ask your Honorable Body's assistance in encouraging property owners to take advantage of existing exemptions designed to provide tax relief and further to contact this office with any questions about eligibility. REFERRED TO THE COMMITTEE ON FINANCE FROM THE COMMISSIONER OF MANAGEMENT INFORMATION SYSTEMS NO. 20 Certificate of Appointment Appointment Effective: March 13, 2006 in the Department of MIS to the Position of Data Processing Equipment Operator Temporary Appointment Intermediate Starting Salary of $30, 598 Richele Edwards 70 Manhart St Buffalo, NY 14215 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF PUBLIC WORKS No. 21 Agreements with Various Municipalities regarding Traffic Signs In an effort to promote regional cooperation, Mayor Brown has notified area cities, towns and villages, that the City of Buffalo would be willing to fabricate and sell various traffic signage. Attached is a listing of the amounts we would charge for these signs. These charges will cover the City's cost to provide the signs. I respectfully request Common Council authorization to enter into a purchase agreement with various municipalities who are interested in such purchases. Funds derived from the sale will be deposited in the appropriate Department of Public Works' account. City Of Buffalo Department of Public Works Parks and Streets Traffic Sign Pricing 1/01/06 thru 7/1/06 Stop Signs: .080 Aluminum, High Intensity Sheeting 36" $103.00 30" $ 90.00 Do Not Enter: .080 Aluminum, High Intensity Sheeting 36" $ 98.00 30" $ 85.00 Yield: .080 Aluminum, High Intensity Sheeting 36" $165.00 30" $155.00 Parking regulations, other various signs such as "One Way" etc.: .080 Aluminum Engineer Grade Sheeting 24"X 18" $55.00 24" X 24" $ 60.00 Speed Limit: .080 Aluminum, Engineer Grade Sheeting 24"X 18" $55.00 24" X 24" $ 60.00 Street name signs will be priced depending on size, sheeting grade, and number of letters. Other signs such as Diamond Grade VIP School Zone signs could also be supplied. Pricing will depend on graphics. Specialty signs will be priced as requested. Mr. Bonifacio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated March 15, 2006, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to enter into a purchase agreement with various municipalities who are interested in purchasing various traffic signage. Funds derived from the sale will be deposited in the appropriate Department of Public Works' account. PASSED AYES – 7 NOES – 0 NO. 22 Amendment of Restricted Parking Hours of Restrictions The following action is being submitted at the request of the Executive Department. It is supported by the Division of Parking Enforcement and this Department. Therefore, the Department of Public Works, requests Your Honorable Body's approval of the following amendments to the Traffic Ordinances of the City of Buffalo, Chapter 479. I. That Subsection 1 of Section 15 of Article I be amended to read as follows: (1) Restricted parking district - regulations. The district bounded as follows, beginning at a point in the southeast line of Georgia Street extended at the Erie Basin Marina, running thence northeast along the southeast line of Georgia Street extended to the north line of W. Mohawk Street extended, east along the north line of W. Mohawk Street to the west line of South Elmwood Avenue, north along South Elmwood Avenue to Virginia Street, east in Virginia Street to Delaware Avenue, north in Delaware Avenue to North Street, east along North Street to Michigan Avenue, south in Michigan Avenue to South Park Avenue, west along the south line of South Park Avenue to the Buffalo Harbor line, north along the Buffalo Harbor line and Erie Basin Marina to the place of beginning, including the parts of streets bounding said territory, is hereby designated and for the purpose of this chapter shall be known as the "restricted parking district." [Except as otherwise provided by this section, during the hours from 7:00 A.M. to 7:00 P.M. on any days other than Sundays and the following legal holidays: New Year's day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas day, no person shall permit any vehicle under his control to remain parked or standing at any place on any street in the restricted parking district for a longer time than as designated and established by the Division of Traffic Engineering.] The foregoing is subject to the following additional restrictions: (a) Only parallel parking of a vehicle is permitted in the restricted parking district, except that on the west side of Main street between West Tupper and Pearl streets, angle parking only shall be permitted. * [ l [material to be deleted.] * material to be added. Mr. Bonifacio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated March 16, 2006, be received and filed; and That the amendments to the Traffic Ordinances of the City of Buffalo, Chapter 479 Subsection ! of Section 15 as listed above be, and hereby is approved. PASSED AYES – 7 NOES – 0 NO. 23 Amendment of Time Meters are Operative The following action is being submitted at the request of the Executive Department. It is supported by the Division of Parking Enforcement and this Department. Therefore, the Department of Public Works, requests Your Honorable Body's approval of the following amendments to the Traffic Ordinances of the City of Buffalo, Chapter 479. I. That Subsection 16 of Section 33 of Article I be amended to read as follows: (16) Time meters are operative; holidays. 1 - Unless the council shall by resolution provide otherwise, the hours during which parking meters shall be in use shall be from 8:00am to 5:00pm, except on Sundays and the following legal holidays: New Year's Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day and Christmas Day. 2 - Unless the council shall by resolution provide otherwise, the hours during which parking meters shall be in use within the "restricted parking district" established in Subsection 1 of Section 15 of this Chapter shall be from 8:00am to 5:00pm~ except on Saturdays, Sundays and the following legal holidays: New Year's Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day and Christmas Day. The foregoing is subject to the following additional restrictions: (a) Pursuant to New York State Vehicle and Traffic Law § 1683, this change shall be effective for the particular metered parking spaces contained within the above-detailed restricted harking area only after signs and marking indicating this change are erected for said parking spaces. * [ ] [material to be deleted.] * material to be added. Mr. Bonifacio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated March 16, 2006, be received and filed; and That the amendments to the Traffic Ordinances of the City of Buffalo, Chapter 479 Subsection 16 of Section 33 of Article, as listed above be, and hereby is approved. PASSED AYE S- 7 NOES – 0 NO. 24 Change in Contract North Jefferson Library Construction Job #0324 Masten District I hereby submit to Your Honorable Body the following changes for the North Jefferson Library, Construction, Electrical Work, Tunney Electric, C #92010831. 1. RFI #151 - Additional work to saw cut floor in Room 113 for cable and conduit connections. Add $ 538.20 The foregoing change results in a net increase in the contract of Five Hundred Thirty Eight and 20/100 Dollars ($538.20). SUMMARY Current Contract Amount $543,928.30 Amount of This Change Order (#20) $ 538.20 Revised Contract Amount $544,466.50 Costs have been reviewed by the Consulting Architect (Robert Traynham Coles, Architect, PC) and the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in 38321006 445100 - Division of Buildings. I request that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to issue a change order to the contractor as set forth above. Mr. Bonifacio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated March 7, 2006, 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. 20 to Tunney Electric, an increase in the amount of $538.20, as more fully described in the above communication, for work relating to Job No. 0324, North Jefferson Library, Construction, Electrical Work, C #92010831. Funds for this project are available in 38321006 445100 - Division of Buildings. PASSED AYES – 7 NOES – 0 MR. THOMPSON TOOK HIS SEAT AT 2:10 PM NO. 25 Emergency Asbestos Removal Broadway Streets Garage Ellicott District As a result of a waterline break and repair at the Broadway Streets Garage our department took emergency action to remove asbestos pipe insulation, which was damaged during repairs. This remediation process involved removal of damaged asbestos pipe insulation and all required containment procedures and air monitoring to complete the emergency work. I am therefore requesting that Your Honorable Body authorize payment for the asbestos removal to Fibertech Environmental services in an amount not to exceed $46,500. Funds for this work are available in our Capital Project account for environmental remediation #38310206 Mr. Bonifacio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated March 17, 2006, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to award an emergency contract for the Broadway Streets Garage, to Fibertech Environmental Services, in an amount not to exceed $46,500. Funds for the project are available in Capital Project account for environmental remediation #38310206. Passed AYES –8 NOES – 0 No. 26 Permission to Hire a Consultant Facility Management Database Permission is requested from Your Honorable Body to hire a consultant to create a Facility Management Database. The cost for this work will be paid for using funds from a State Archives and Records Administration Grant, the acceptance of which Your Honorable Body approved in CCP 09/06/05, Item #117. Mr. Bonifacio moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated March 14, 2006 be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to hire a consultant to create a Facility Management Database. Funds for this project are available from a State Archives and Records Administration Grant, which were accepted at Item No. 117, C.C.P., 9/6/05. PASSED AYES – 8 NOES – 0 NO. 27 J. Strasser-Inquiry-Parking Regulations Item No. 54, C.C.P. 03/07/06 The referenced item was sent to this office for comment. Chapter 479, Section 15, subsection 45 regulates the parking of vehicles on bus routes during certain hours, between November 15 and April 1 of each year. The same item, paragraph II lists several streets where this restriction applies to only one side of the street. The section of Smith St., referred to in Ms. Strasser's correspondence, is not covered by the exemptions in Chapter 479, Section 15, subsection 45, paragraph II. I, therefore, advise that any summons issued as a violation to this ordinance was proper. I cannot comment on Ms. Strasser's assertions regarding enforcement, as enforcement is not the purview of this department. If the Common Council so desires, this office will file the proper amendments to include this portion of Smith St. as one of the exempt streets. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 28 CERTIFICATE OF APPOINTMENT Appointment Effective March 13, 2006 in the of Public Works, Parks & Streets in the Division of Streets Exempt Starting salary of $58,542 Henry Jackson 527 Northland Avenue Buffalo NY14211 RECEIVED AND FILED FROM THE COMMISSIONER OF POLICE NO. 29 Drug Asset Forfeiture Wire Transfers Item No. 104, C.C.P. 2/2/88 05-DEA-444071 C2-05-0008 $ 1,772.47 05-DEA-456785 C2-05-0134 $ 34,005.46 TOTAL $ 35,777.93 The Drug Enforcement Administration (DEA) 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. These funds will be placed into one or more of the following accounts as deemed 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. REFERRED TO THE COMMITTEE ON FINANCE. No. 30 Certificate of Appointment Appointment Effective: February 28, 2006 in the Department of: Police to the Position of: Detective Permanent Promotion at the: Flat Starting Salary of: $ 59 909 Robert V Rosenswie III 12403 Kern Rd Springville NY 14141 REFERRED TO THE COMMITTEE ON CIVIL SERVICE No. 31 Certificate of Appointment Appointment Effective: February 28, 2006 in the Department of: Police to the Position of: Detective Sergeant Permanent Promotion at the: Flat Starting Salary of: $ 62,423 Sallie A. Blersch 3685 Marlowe Ave Buffalo, NY 14219 REFERRED TO THE COMMITFEE ON CIVIL SERVICE No. 32 Certificate of Appointment APPOINTMENT EFFECTIVE: FEBRUARY 23 NO. 34 TRADE IN OF OLD APPARATUS CCP#11-7/12/2005 We are requesting council approval to trade in the following obsolete apparatus to American LaFrance. The funds will then be applied toward the purchase price of the 5 Pumpers and 2 Aerial Ladders currently on order through American LaFrance. F-171 1999 International Air Truck F-215 1984 Pirsch Pumper F-247 1995 Simon Duplex Quint Platform F-301 1985 Pirsch Pumper F-302 1985 Pirsch Pumper F-303 1985 Pirsch Pumper F-402 1987 Duplex Ladder F-403 1987 Duplex Ladder F-405 1989 Duplex Ladder F-409 1989 Duplex Ladder This is the second set of apparatus to be purchased in accordance with the reorganization of the Buffalo Fire Department as per the MMA Consultant Study recommendations. Mr. Bonifacio moved: That the above communication from the Commissioner of Fire dated March 8, 2006, be received and filed; and That the Commissioner of Fire be, and he hereby is authorized to trade in the above listed obsolete apparatus to American LaFrance. The funds will then be applied toward the purchase price of the 5 Pumpers and 2 Aerial Ladders currently on order through American LaFrance. PASSED. AYES-8. NOES-0. No. 33 Certificate of Appointment Appointment Effective: February 23, 2006 in the Department of: Police to the Position of: Police Lieutenant Contingent Permanent Promotion at the: Flat Starting Salary of: $ 66315 Douglas H Kopp 90 Hillwood Dr Cheektowaga, NY 14227 REFERRED TO THE COMMITFEE ON CIVIL SERVICE FROM THE COMMISSIONER OF FIRE NO. 34 OLD APPARATUS TRADE IN Please file the above and attached items for the upcoming Common Council Meeting on March 21, 2006 Copy available in the City Clerks office for review FROM THE CORPORATION COUNSEL NO. 35 CURRENT STATUS OF PARKING REGULATIONS IN COB OFFICIAL OPINION OF THE CORPORATION COUNSEL The Mayor of the City of Buffalo has asked the Corporation Counsel to issue an opinion relative to the current status of parking regulations in the City of Buffalo. The following is the Official Opinion of the Corporation Counsel regarding said regulations. New York State Vehicle and Traffic Law §1683 states: "No ordinance, order, rule or regulation made by any local authority under the powers conferred by this title shall be effective until signs or markings giving notice thereof are posted..." One of the powers conferred under Vehicle and Traffic Law §1683(10) is to: "prohibit, restrict or limit the stopping, standing or parking of vehicles." New York State Vehicle and Traffic Law §1200(d) also mandates: "When official signs have been posted prohibiting, restricting or limiting the stopping, standing, or parking of vehicles on any highway, no person shall stop, stand or park any vehicle in violation of the restriction stated on such signs." The City of Buffalo Traffic Ordinances, Chapter 479, Section 33, Subsection 16 states: "Time meters are operative; holidays. Unless the Council shall by resolution provide otherwise, the hours during which parking meters shall be in use shall be from 8:00 A.M. to 6:00 P.M., except on Sundays and the following legal holidays: New Year's Day, Decoration Day, Fourth of July, Labor Day, Thanksgiving Day, and Christmas Day." Pursuant to New York State Vehicle and Traffic Law §§1683 and 1200(d), no adjustment or amendment of an ordinance restricting or limiting parking shall be effective until official signs or markings indicating the change are posted. Item No. 152 of the May 30, 2000 Common Council Proceedings enabled the Department of Public Works to adjust the required paying period detailed in Chapter 479, Section 33, Subsection 16 so that the new hours during which parking meters are in use shall be from 8:00 A.M. to 5:00 P.M. This resolution is not effective under the above-stated provisions of the Vehicle and Traffic Law until official signage changing the hours are posted. There has been no effective Council Resolution or ordinance change providing for the exception of Saturday parking from enforcement regulations in the downtown area. Such a resolution would not be effective under §1683 of the New York State Vehicle and Traffic Law until official signs or markings evidencing the change have been posted. Since no adjustment to an ordinance is effective until the sign or marking reflecting the adjustment is erected or displayed, motorists should park according to the white-backed parking limitation signs in order to comply with the effective parking ordinances• In locations where there are no white-backed parking signs but the existence of parking meters, motorists should park according to the marking on the meters• Therefore, motorists should park according to the white-backed signs in all locations at which said signs are erected and, in the absence of such a sign, park according to the marking on the parking meter if the use of the space is governed by a parking meter• Additionally, motorists should park according to all other parking regulations, which are promulgated under State Law and do not require the posting or "notice" requirement extended to municipal ordinances. Motorists who are ticketed have the right to request a hearing and the Hearing Officers have the discretion to dismiss tickets on a case-by-case basis, if they determine that the ticket was wrongfully issued and the vehicle was parked in accordance with all effective parking ordinances for a given location. This represents the Official Opinion of the Corporation Counsel. REFERRED TO THE COMMITTEE ON LEGISLATION, COMMISSIONER OF PUBLIC WORKS, PARKS & STREETS, AND COMMISSIONER OF ADMINISTRATION AND FINANCE AND URBAN AFFAIRS. FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMITS & INSPECTION SERVICES NO. 36 USED CAR DEALER 534 COLVIN (DELAWARE) 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 534 Colvin 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 Singh Salh Parvinder. The attached thereto for Singh Salh Parvinder d/b/a KSA Marketing. This request is submitted for your approval or whatever action you deem appropriate. Mr. Bonifacio moved: That the above communication from the Department of Economic Development, Permit and Inspections Services dated February 22, 2006, be received and filed; and That pursuant to Chapter 254 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services Permit be, and he hereby is authorized to grant a Used Car Dealer license to Singh Salh Parvinder d/b/a KSA Marketing, located at 534 Colvin Avenue. PASSED. AYES-8. NOES-0. NO. 37 USED CAR DEALER 880 FILLMORE (FILLMORE) RESUBMIT 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 880 Fillmore 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 Muhannad Abdellatif. The attached thereto for Muhannad Abdellatif d/b/a Quality Auto Sales. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION. FROM THE COMMISSIONER OF ADMINISTRATION, FINANCE & URBAN AFFAIRS NO. 38 J. STRASSER-INQUIRY-PKG. INSTRUCTIONS CCP#54-MARCH 7, 2006 I reviewed the above referenced item and suggest you contact the Law department for a complete response. As you know, the Corporation Counsel has prepared a legal opinion regarding this issue. RECEIVED AND FILED. FROM THE CITY CLERK NO. 39 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 307 Byrant Just Pizza Nicholas Quarantillo 484 Pearl St. Caberet Erie Op. RECEIVED AND FILED. NO. 40 LEAVES OF ABSENCE WITHOUT PAY I transmit herewith notifications received by me, reporting the granting of the leaves of absence without pay, in the various departments as listed: Police-S. Maraschiello, R. Delaney, T. Strunk Economic Development, Permits & Inspections-M. Baudo Administration, Finance & Urban Affairs-A. Frankel RECEIVED AND FILED. NO. 41 NOTICES OF APPOINTMENTS-COUNCIL INTERNS I transmit herewith appointments to the position of Council Intern. Mr. Bonifacio moved the approval of the appointments to the position of Council Intern. ADOPTED. Appointment effective March 10, 2006 in the Department of Common Council, to the position of Intern V, Seasonal, Non- Competitive, at the flat starting salary of $8.00 hour. Tara Haynes 58 Dash St. Buffalo, NY 14220 NO. 42 NOTICES OF APPOINTMENTS/SEASONAL FLAT I transmit herewith certificates received by me, reporting seasonal and flat salary appointments made in various departments. RECEIVED AND FILED. DEPARTMENT OF COMMUNITY SERVICES Appointment Effective March 6, 2006 in the Department of Community Services, Division of Senior Services, to the position of Senior Citizen Aide, Seasonal, Non-Competitive, at the minimum starting salary of $8.15/hr. Elizabeth Pieri 30 Eugene Avenue Buffalo, NY 14216 DEPARTMENT OF PUBLIC WORKS, PARKS & STREETS Appointments Effective March 13, 2006 in the Department of Public Works, Parks & Streets, Division of Streets, to the position of Laborer II, Seasonal, Non-Competitive, at the starting salary of $8.15/hr. Jeffrey LaFrano 160 North Ogden Street Buffalo, NY 14206 Keith Scott 73 Courtland Avenue Buffalo, NY 14215 NO. 43 APPOINTMENTS-TEMPORARY, PROVISIONAL OR PERMANENT I transmit herewith appointments in the various departments made at the Minimum (Temporary, Provisional or Permanent) (as per contract requirements). REFERRED TO THE COMMITTEE ON CIVIL SERVICE. DEPARTMENT OF POLICE Appointments Effective March 6, 2006 in the Department of Police, to the position of School Crossing Guard, Temporary, Non-Competitive, at the minimum starting salary of $7.09/hr. Diane Cornman 122 Brinton St. Buffalo, NY 14214 Elizabeth Clark 416 LaSalle Ave. Buffalo, NY 14215 Kamala Muhammad 102 Urban St. Buffalo, NY 14211 NON-OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON-OFFICIAL COMMUNICATIONS NO. 44 K. BELANGER-BUFFALO PLACE SUPPORT ELIMINATION OF PARKING FEES-M-F AFTER 5:00 P.M. & SAT/SUNDAYS I am writing to you as the Chairman of the Board of Directors of Buffalo Place Inc., the not-for-profit organization dedicated to improving the economic health and quality of life in Downtown Buffalo. Our 15-member board, representative of the various interests in Downtown Buffalo, fully supports Mayor Byron W. Brown's resolution to eliminate the fee at Downtown parking meters after 5:00 p.m. on Monday through Friday and all day on Saturday and Sunday. We view the passing of this resolution as a positive initiative for Downtown Buffalo. It removes a perceived impediment and will encourage people to visit Downtown Buffalo on the weekends and during the evening hours. As we concentrate our efforts to create a 24-hour Downtown, the elimination of the above described parking fees will add to the very positive momentum that is building in Downtown Buffalo-the center of our region. We thank you in advance for your consideration. RECEIVED AND FILED. NO 45 R. CALABRESE CONCERNS ELMWOOD VILLAGE HOTEL Item available for review in the City Clerk's Office RECEIVED AND FILED NO. 46 LP CIMINELLI BOARD PACKET DOCUMENTS-3/6/06 Attached are the following documents from the March 6, 2006 Joint Schools Construction Board Meeting: 1. Draft Agenda 2. Meeting Minutes from JSCB Meeting dated February 13, 2006 3. Fully executed Phase II Application and Certificate for Payment No. 16 - January 2006 4. Phase II Application and Certificate for Payment No. 17 - February 2006 5. Program Packaging and Development Services (PPDS) Provider Update 6. Phase II Procurement Schedule dated February 20, 2006 7. Bid Evaluation for 906A for Flooring 8. Buffalo Niagara JOBS Initiative Update 9. Bevlar & Associates Inc. Construction Contract Monitoring and Compliance Services Monthly Report for Addendum 1 Phase II Project - January 2006 10. Meeting Minutes from JSCB Inclusion Committee Meeting dated January 30, 2006 11. Summary of Career Path Meeting of February 2, 2006 RECEIVED AND FILED NO. 47 DANGEROUS TRAFFIC SIGNALS-GENESEE & ELLER We are currently facing a very dangerous situation at the corner of Genesee Street and Eller. The traffic signals timing is so short that it is hard to turn into my driveway as the whitelines for the crosswalk/stopline is right at my driveway. It is almost impossible to turn into or out of my driveway with this situation. This needs to be corrected before someone slams in to us as we are trying to use our driveway. We don't know when an accident will happen but we can correct the is situation before it does. We have to live in fear because the City Workers didn't do their job the right way!! Please give this priority attention so that no one is hurt or even killed for that matter at this intersection. I have enclosed numerous pictures so that you may see exactly what we are facing everyday. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF PUBLIC WORKS, PARKS;& STREETS NO. 48 AUDITED FINANCIALS FOR BNRC Please file the attached item for further discussion at the next Common Council session to be held March 7, 2006. Thank in advance for your assistance in this matter. We previously requested copies of the latest audited financial statements December 13, 2005,October 24, 2005, January 7, 2005, December 17 & November 30 2004. We previously requested copies of the latest audited financial statements of the Buffalo Neighborhood Revitalization Corp (BNRC) for years ending in 2003 and 2004 (and now for 2005 as well). We also want to know what is the status of the audits on BNRC for the following: June 30, 2003, June 30, 2004 and June 30, 2005. There are various reporting requirements for these entities that may not being met. The Common Council reporting on the entities is yearly and the A- 133 HUD reporting as the lead Federal agency. The New York State Registration Section, Charities Bureau at 120 Broadway, 3rd Floor New York, NY 10271 has updated information on BNRC through 6/30/04 according to information on their web site. These "Development Companies" are also subject to audit as part of out Charter responsibilities, but this is made difficult without a minimum of annual financials from the entities. To the best of my knowledge there have been no BNRC Board meetings for a year or more. We would appreciate a response, and preferably a joint meeting to discuss their status. REFERRED TO THE COMMITTEE ON FINANCE AND DIRECTOR OF STRATEGIC PLANNING. NO. 49 D. JOHNSON-BFSA Please file the attached documents for the upcoming Common Council Session to be held on March 21,2006. Thank you in advance for your assistance in this matter. I am in receipt of the resolutions proposed by your respective legislative bodies regarding the possibility of moving our office into vacant space in a County facility. I want to thank you for the consideration and creativity in addressing the fiscal crises facing our two local governments. It is clearly going to take serious thinking "outside the box" for us to get past the structural issues that impede the path to true fiscal stability. I can appreciate the seeming merits of putting the Buffalo Control Board in a County building and the County Control Board in City Hall. On its face, it would appear to be a way to create some savings for the City and County taxpayer. However, when it comes to our office space, there are numerous factors to consider beyond the cost of rent. We discovered early on in our existence that it is important to maintain the appearance of independence from political influence. When it comes to evaluating the actual financial outlook of the City, there is confidence that the BFSA's evaluation is based on objective criteria, with no hint of a political agenda. While it is unfortunate that public service is sometimes tainted with a political brush, we believe it is important to maintain a professional distance from those we are overseeing. The proposal at hand would put us in Erie County Hall, which is within the purview of one of our Board members, the Erie County Executive. Though the City Control Board has no control over Erie County government, we may be in competition with it for efficiency incentive grant dollars provided for in both the BFSA and ECFSA Acts. Both of our missions are for the good of the taxpayers of this region, but there is still nonetheless a distinction to be made about our two organizations. We have also been very fortunate to locate within a building owned by the Buffalo Economic Renaissance Corporation (BERC). By spending our rent dollars in a BERC-owned building, our rent is recycled into dollars to be used for economic development activity in the City of Buffalo. We are very proud that we can create this "bang for our buck" in downtown Buffalo. This is an advantage that we could not replicate anywhere else and we would imagine that the Common Council would be glad that we chose this method when we established our headquarters. Further, we have made an investment in our present location. There are capital improvements in our current location from which we hope to reap the benefit for the duration of our existence. It would cost thousands of dollars for BFSA to relocate and rewire our technology in another location. For security purposes, we must maintain a separate computer system and cannot rely on the technological backbone of the County. Notwithstanding all of that, we do have a signed lease with BERC that runs until May 31,2007. Clearly, it would not be fair to ask the County taxpayer to pay any operating costs for a public authority that is devoted exclusively to the finances of the City of Buffalo. That argument carries into the costs of utilities and other overhead that may be derived from such a relationship. Of course, we welcome any opportunity to promote inter-governmental cooperation and the consolidation of services. But that cannot be done at the expense of the express mission of any organization. Again, thank you for the opportunity to address this issue. I appreciate your concern and I am pleased that there are new ideas coming forth to address the fiscal crisis. I also thank you in advance for respecting our need for privacy while overseeing these sensitive matters. REFERRED TO THE COMMITTEE ON FINANCE. NO. 50 PARKING ISSUES AT FREY THE WHEELMAN, INC. Please file the attached item for further discussion at the next Common Council session to be held March 7, 2006. Thank in advance for your assistance in this matter. I am employed at Frey The Wheelman, Inc. located at 509 Ellicott St. in your district. This letter is in regards to a problem that we are having at our warehouse. Approximately two years ago parking meters were placed on Ellicott St. that allow all day parking for a two dollar charge. Four of these meters were placed directly in front of our building. Prior to this, there were parking meters that allowed parking for a maximum of two hours. Having vehicles parked in front of our warehouse all day, severely hinders our ability to ship and receive product, while at the same time poses some serious safety concerns, by forcing tractor trailers to park in the street, which blocks the entire north bound lane of Ellicott St. This problem is making very difficult to do business in the city, where we have been for nearly 100 years. Any assistance you can provide would be greatly appreciated. REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS AND THE COMMISSIONER OF ADMINISTRATION, FINANCE AND URBAN AFFAIRS. NO. 51 R. FONTANA, P. BOGUCKI-SENECA BABCOCK COMMUNITY ASSOCIATION INC. HAZARDOUS SIDEWALK-1168 SENECA ST. This is to inform you of the deplorable condition of the sidewalk directly in from of the community center at 1168 Seneca St. Please keep this in mind as you are planning any new sidewalk projects in the upcoming year. I feel it is only a matter of time before one of our Seniors fall on the crumbling pavement. Thank you for your help, REFERRED TO THE CITY CLERK AND COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS. in the Department of: Police to the Position of: Police Captain Contingent Permanent Promotion at the: Flat Starting Salary of: $ 75 223 Harold M McLellan 49 Division St N Tonawanda, NY 14120 REFERRED TO THE COMMITITEE ON CIVIL SERVICE NO. 52 PROJECT ELMWOOD VILLAGE HOTEL To Whom It may Concern: As the owner of 611 Forest Avenue, a family home since 1947, I am very concerned with the rezoning of 605 and 607 Forest Avenue. What will this do to the property value of my property at 611 Forest and the lives of the tenants living there? A few quality of life issues come to mind: • What would the quality of life be like for those 3 homes? What bout the rest of the neighborhood (homes on Granger and Penhurst)? • The bedrooms of 611 Forest Ave. will be right next to the parking lot or ramp. • Exhaust fumes; lighting, and noise issues are quality of life issues that cannot be ignored. • Who will pay for the structural damage to those homes, clean up and inconvenience posed to all? If this hotel is built and proves to be non-profitable, will it turn into a subsidized housing facility? That would affect the lives of all of those around the area indefinitely! This type of corner, with its history and current residents, do not need this type of structure to be built. A bed and breakfast would seem more appropriate and much more doable. As things are right now, problems with-car break ins, parking, trash being thrown onto lawns and the street, there are bar patrons urinating on the lawns, and snow removal. The gas station is a center of noise, with very early morning deliveries of gas, which awakens the soundest of sleepers! WHAT would a Mardi Gras like, balcony-ridden hotel do for this already tense neighborhood situation? Would paying hotel guests appreciate these inconveniences or will they be of the New Orleans mindset and be joining in to further degrade the residents of this area? What about pedestrian traffic? Just how are cars to maneuver in and out of that narrow proposed parking structure? What about people crossing? How will they cross the street, which is already a source of MANY accidents, without getting hit themselves? The gas station patrons frequently peel out and make dangerous turns out of the Forest entrance & exit to cause traffic accidents as it is. For as long as I can remember, snow removal has been a MAJOR issue on Forest. WHY? Cars are parked on the street, therefore, plows cannot plow[ So, the street becomes one lane. When the plow does get to make it down and plow out spaces, where does the snow get thrown? Well, it's ON THE SIDEWALKS and hills of those homes on Forest! Many a phone conversation has taken place over the years regarding this lose-lose situation, and no solution has been reached. Oh, parking tickets and towing do not make a difference. Sometimes cars have been abandoned there for weeks following a snowstorm. Generally, bar patrons or college students don't care. They have been catered to since the business owners on Elmwood have loud voices AND deep pockets. Please take money and profit out of the equation and address the issues at hand. It's a neighborhood that struggles to preserver its heritage, neighborhood looking to become the next Bourbon St. not a RECEIVED AND FILED NO. 53 REQUEST LEASE REVISIONS Dear Council President: Friends to the Elderly Youth & Family Center, Inc., is requesting a Lease revision that reflects the agency's past and present Community Development Block Grant Funding status. The lease agreement changes arc: Section 6 paragraph 1of the lease agreement shall be amended to read as such a. The City of Buffalo shall pay 100% of the electric, gas and water utilities on the leased premises for the for the remaining term of the lease and any lease renewals subject to FTE's future funding under CDBG. Upon FTE securing funding from the City under CDBG, the patties will enter into a percentage arrangement commensurate with and for the duration of such funding. FTE has not received funding from the City in any form since 2002. FTE understands that Community Development Block Grant Funding is the primary determining factor in the formula used to allocate the percentage of utility responsibility of the lessor and lessee. 2. Pursuant to the aforementioned amendment, FTE is requesting retroactive relief from utility obligations for 2003, 2004 and 2005. FTE will remit in a timely 3. manner, any outstanding balance that arises outside of the period retroactive relief has been requested. I thank you in advance of your anticipated and timely assistance in this all important matter. REFERRED TO THE COMMITTEE ON FINANCE NO. 54 7168818788 RESOLUTION NO. 105 C.C.P. FEBRUARY 21, 2006 "PROVIDING PUBLIC INPUT INTO THE BURCHFIELD-PERMEY ART CENTER PROJECT" Thank you for informing Forever Elmwood of the Common Council's concern regarding the "lack of public meetings regarding this project". Forever Elmwood agrees with the Council that Buffalo State College and the Art Center should "establish a process for obtaining public input into this important project"- Attached is a letter from Forever Elmwood to Buffalo State College addressing this issue. RECEIVED AND FILED NO. 55 M KEARNS-E. KOLODZIEJ-PARKING ON CHOATE AVENUE Attached item is available for review in the City Clerk's Office. REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF PUBLIC WORKS AND THE COMMISSIONER OF ADMINISTRATION AND FINANCE AND URBAN AFFAIRS NO. 56 D. LEWIS HAZ TREE 303 WILLETT STREET Attached item is available for review in the City Clerk's Office. REFERRED TO THE CITY CLERK AND THE ERIE COUNTY FORESTRY NO. 57 MARCH 8, 2006 MICHAEL J. LOCURTO-DECLARE CANDIDACY DELAWARE DISTRICT SEAT Dear Members of the Common Council: l write to declare to you my candidacy for the recently vacated Delaware District Common Council seat, and to ask for your support. As my enclosed resume indicates, I have both the educational background and practical experience needed to best represent the Delaware District. I learned the importance of quality public education at every level by attending public elementary and high schools, and by obtaining two degrees from the University at Buffalo, including a Master's degree in Urban and Regional Planning. As a life-long resident of the Delaware District, I feel the need to give back to the community through public service. I know and understand well the district's issues and challenges. As a councilmember, I will be an independent advocate for the district and the City at large. My sole agenda is to advance the considerable progress being made in Buffalo. 1 will work with you tirelessly to pursue the policies that best serve the citizens of Buffalo. As an urban planner, I understand the methods and policies that are necessary for smart and successful growth. By working as a Special Assistant to Assemblymember Sam Hoyt, 1 have gained invaluable, practical knowledge of how to run an efficient and responsive legislative office, while not losing sight of the broad issues that shape our community. I have helped establish the Anti-Flipping Task Force, which is seeking methods to curb the activity of unscrupulous, absentee real estate investors. I have also advocated for the community's vision regarding the Elmwood Reconstruction Project. Finally, I have learned, by personally helping hundreds of people with everyday problems, that effective constituent service and responsiveness is the key to a successful office. Together, we can work for a stronger and more vibrant City. In addition to my resume, I have enclosed a copy of the speech I delivered when I publicly announced my candidacy. If you have any questions or concerns, please do not hesitate to contact me at the above e-mail address, or by phone at 479-0972. REFERRED TO THE COMMITTEE OF THE WHOLE NO. 58 SAMUEL R. REQUEST APPT DELAWARE DIST SEAT Attention: City Clerk This letter is to formally request consideration for the appointment as Delaware District Councilman to replace Mark Coppola who has been elected to the State Senate and as a member of the Democratic party and in accordance with the city charter 3-6 Vacancies in the Common Council remaining members of the council shall appoint a qualified resident of the same political party to fill such vacancy. I am a resident and homeowner in the Delaware district and a member of the Democratic party. I would to thank you in advance for your consideration.(sic) REFERRED TO THE COMMITTEE OF THE WHOLE NO. 59 UNUSED VACATION ENTITLEMENT PAYMENT Item available for review in The City Clerk’s Office REFERRED TO THE COMMITTEE ON CLAIMS NO. 60 ENCOURAGE PUBLIC INPUT INTO MUSEUM COUNCIL RESOLUTION: #105 C.C.P. FEBRUARY 21, 2006 Dear Mrs. Baldwin: st This letter is a joint response from both the Burchfield-Penney Art Center and Buffalo State College to the February 21 Common Council resolution about encouraging public input into the design of the new museum for the Burchfield-Penney Art Center. We would like to clarify that we encouraged and obtained public input into this State project. In 1999 and through 2000, we encouraged public participation in the project where approximately 350 people provided input into the design. These included community volunteer leaders, neighborhood residents, business owners in the neighborhood, artists, educators, Buff State faculty and staff, Buff State students, and museum staff. Members of the Burchfield-Penney community Board and Council, faculty and staff of the college, and many individuals, originally involved in the program planning phase continued to be involved throughout the design process including the selection of the architect and input in the concept and schematic design phases which continued up until late 2005 when the design was finalized. The design progress was also reviewed by the State Historical Preservation Office (SHPO) from 2003 through 2005 and design adjustments were made based upon their recommendations. Meetings were held in 2005 with Eva Hassett; Deputy Mayor, Tim Wanamaker; Director of Strategic Planning and John Laping; Chair of the City's Preservation Board. "d Presentations to the City Preservation Board took place on September 22and to the Design Review Committee of th, Forever Elmwood on October 112005. A final meeting was held by representatives of the Burchfield-Penney and the College at the Department of Strategic Planning on January 10, 2006 to finalize City input. Numerous presentations of the design were made to various community groups and potential philanthropic donors beginning in the fall of 2005 up until the present time. th, The BPAC presented and participated in an open community session organized by Forever Elmwood on February 18 2006. We appreciate the support expressed by the common council in resolution #105. RECEIVED AND FILED NO. 61 J. SAFOUTIN OPPOSE ELMWOOD VILLAGE HOTEL PROJECT Item Available for review in The City Clerk's Office REFERRED TO THE COMMITTEE ON LEGISLATION, THE DIRECTOR OF STRATEGIC PLANNING AND THE COMMISSIONER OF ADMINISTRATION AND FINANCE NO. 62 D. SHEEHAN LIST OF ENVIRONMENTAL PROJECT Dear Applicant: New York State offers a wide variety of funding opportunities to support environmental projects. Several grant programs are funded through the New York State Environmental Protection Fund (EPF), the 1996 Clean Water/Clean Air Bond Act (Bond Act), and other sources such as the federal Land and Water Conservation Fund (LWCF). Each year, the New York State Department of Environmental Conservation (Departmen0, the New York State Office of Parks, Recreation and Historic Preservation (OPRHP), and the New York State Department of State (DOS) collaborate to present public informational workshops on the availability of various state and federal grant programs that are currently accepting applications. This year, these workshops will also include the Water and Sewer Infrastructure Co-funding Initiative. Workshops will be held across the State from March 27, 2006 through April 11, 2006. Staff from each agency will be available at these meetings to explain application procedures and project requirements. This year, many grant programs will give consideration to projects that enhance the legacy of the Lake Champlain and Hudson River water corridors, looking forward to the upcoming Hudson-Fulton-Champlain Quadricentennial Celebration that will be held in the year 2009. Department grant programs that will be included in the workshops are as follows: Hudson River Estuary (HRE) Grant Program Now in its eighth year, the HRE Grant Program is funded from the EPF. Municipalities and not-for-profit corporations are eligible for funding. Eligible project categories for 2006 include: Community Interpretive Centers and Education projects; Open Space: Planning, Inventory and Acquisition; Community-based Habitat Conservation and Stewardship; Watershed Planning and Implementation; and River Access for boating, fishing and swimming. Applications may be obtained from the Department and are due on May 26, 2006. Brownfield Opportunity Areas (BOA) Program The BOA program is administered jointly by the Department and DOS, and is implemented in accordance with the Superfund/Brownfield law signed by Governor Pataki in 2003. Municipalities and community-based organizations are eligible to apply for funding. Eligible activities include the assembly and development of information to complete an area- wide brown field redevelopment plan that addresses problems caused by a concentration of brownfield sites; and the performance of site assessments on eligible strategic brownfield sites in the BOA. Applications may be obtained from DOS and are due on May 26, 2006. Environmental Restoration Program (ERP) The ERP program is funded from the 1996 Clean Water/Clean Air Bond Act. The Superfimd/Brownfield law enhanced this program which provides grants to municipalities or municipalities in partnership with community-based organizations for investigation and remediation activities at municipally-owned brownfield sites. Applications are available on the Department's website and are accepted on a continuous basis. Technical Assistance Grants (TAGs) The TAG program is available to eligible not-for-profit community groups to increase public awareness and understanding of remedial activities taking place in their community. Through this program, eligible community groups must be a non- responsible party whose members" health, economic well-being or enjoyment of the/environment may be affected by a release or threatened release of contamination at an eligible site; and be a group whose membership represents the interests of the community affected by an eligible site. An eligible site is one that the Department has determined poses a significant threat to the public health and/or the environment. Community groups may obtain independent technical assistance in interpreting existing environmental information about an eligible significant threat site in the State's Superfund Program or Brownfield Cleanup Program. Applications are available on the Department's website and are accepted on a continuous basis. Other Department Grant Programs The Department also accepts applications continuously for Municipal Landfill Closure, Municipal Landfill Gas, Municipal Waste Reduction and Recycling (including Household Hazardous Waste), and Dam Safety. Applications may be obtained by visiting the Department's website at www.dec.state.ny.us. We also anticipate the release later this year of Requests for Applications for new grant programs, including: Invasive Species Eradication Grants, Landowner Incentive Programs (LIP) Grants, and Environmental Justice Community Impact Grants. Information will be posted on the Department's website when it becomes available. The Department looks forward to Working with you to protect and enhance our environment. Please call the Department's Bureau of Contract and Grant Development at (518) 402-9240 if you have any questions or would like more information. REFERRED TO THE DIRECTOR OF STRATEGIC PLANNING AND THE COMMISSIONER OF ADMINISTRATION AND FINANCE AND URBAN AFFAIRS NO. 63 PEDRO VELEZ-LOPEZ-DECLARE CANDIDACY DELAWARE DISTRICT SEAT Council Member Joseph Golombek, Jr. Buffalo City Hall Room 1502 65 Niagara Square Buffalo, New York 14202 Dear Council Member Golombek, For the past sixteen years I have watched, listened, and have gotten involved in our community, I also ran for County Legislature in I997. Today, as I plan to run for Delaware Council, I am asking for your support. I want to highlight some of my background: • Former President - Erie County Young Democrats • Parliamentarian - WNY Hispanic & Friends Civic Association • Honorary Member - Hispanic Women's League • Member - Gateway Task Force • Committee Chairperson - Gateway Task Force representing Hispanic Businesses • Member - Latino Popular Party Community Experience: • Participated in organizing March Against Drugs • Event Planner for Hispanic Festivals • Managed Lead Paint awareness campaign in the Hispanic Community • Participated as a volunteer and staff member on various Political Campaigns • Involved in voter history and get out the vote campaigns In Summary, I bring commitment, dedication and professionalism, and I am confident that my expertise would greatly benefit the Common Council. REFERRED TO THE COMMITTEE OF THE WHOLE NO. 64 ELMWOOD VILLAGE HOTEL PROJECT Forever Elmwood would like to have the following stipulations included in the Special Development Plan, Serial No. 33, rezoning petition made by Savarino Development: The proposed location is approved for rezoning based on the following standards that have been met by the developer: 1. The building is built to the street. 2. The building is mixed-use (hotel and retail) 3. Storefronts are kept narrow and numerous to break up the mass of the building and continue interest for pedestrians. 4. Parking is provided underground and kept out of sight. RECEIVED AND FILED PETITIONS NO. 65 PETITION TO STOP HOTEL DEVELOPMENT AT ELMWOOD AND FOREST We the undersigned petition the Mayor of the City of Buffalo and its Planning and Zoning Boards to stop the development plans at the corner of Elmwood and Forest. Avenues for the Elmwood Village Hotel. We ask that variances or rezoning not be granted to tins out of scale project that the restriction of size be observed in the Elmwood Special Zoning District. We recognize that though a hotel might be desirable in the Elmwood Village, this proposed hotel design is not in character with, or appropriate for this space, the gateway to the Elmwood commercial corridor. RECEIVED AND FILED NO. 66 L. RUNG, AGENT, USE 494 FRANKLIN ST-SIT IN RESTAURANT/OUTDOOR PATIO EXPANSION (ELL) (URG. 3/2S) REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND CORPORATION COUNSEL. REGULAR COMMITTEES CIVIL SERVICE (BONNIE E. RUSSELL, CHAIRPERSON) NO. 67 APPTS.-CHIEF (MAX) (POL) (#27, 3/7) That the above item be and the same hereby is received and filed. ADOPTED. NO. 68 APPT.-SECRETARY TO THE COMMISSIONER OF POLICE (MAX) (POL) (#28, 3/7) That the above item be and the same hereby is received and filed. ADOPTED. FINANCE (BRIAN C. DAVIS, CHAIRMAN) NO. 69 MOVING EXPENSE POLICY (#103, 3/7) That the above item be and the same hereby is received and filed. ADOPTED. NO. 70 CONTROL BOARD OFFICE SPACE (PW) (#19, 3/7) That the above item be and the same hereby is received and filed. ADOPTED. NO. 71 INCREASED APPROPRIATION – MAYOR (ITEM NO. 105, C.C.P., MAR. 7, 2006) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Davis moved that the above item be recommitted to the Committee on Finance. ADOPTED NO. 72 RESULTS OF NEGOTIATIONS - 304 MYRTLE (ITEM NO. 8, C.C.P., MAR. 7, 2006) That the offer from Mr. Jerome E. Harris and Mrs. Cynthia J. Harris, residing at 457 Swan Street, in the sum of one thousand and three hundred dollars ($1,300.00), for the purchase of 304 Myrtle, be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Corporation Counsel be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES - 8 NOES - 0 NO. 73 RESULTS OF NEGOTIATIONS - 40 ORANGE (ITEM NO. 9 C.C.P., MAR. 7, 2006) That the offer from Ms. Pamela Y. Harris, residing at 42 Orange Street, in the sum of one thousand and two hundred dollars ($1,200.00), for the purchase of 40 Orange, be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Corporation Counsel be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES - 8 NOES - 0 NO. 74 RESULTS OF NEGOTIATIONS-90 WHITNEY (ITEM NO. 10, C.C.P., MAR. 7, 2006) That the offer from Mr. Pablo A. Vega, residing at 218 Carolina Street, in the sum of two thousand and five hundred dollars ($2,500.00) for the purchase of 90 Whitney Place, be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Corporation Counsel be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED. AYES-8, NOES-0. NO. 75 ST COUNCIL NOTIFICATION OF WATER BD. WATER SERVICE SHUTOFFS (EXC. 1RES.) (#100, 1/10) That the above item be and the same hereby is received and filed. ADOPTED. NO. 76 COUNCIL NOTIFICATION OF WATER BD. WATER SERVICE SHUTOFFS (PW) (#28, 2/21) That the above item be and the same hereby is received and filed. ADOPTED. NO. 77 CITY RESPONSIBILITY FOR UTILITIES (#194, 9/20) That the above item be and the same hereby is received and filed. ADOPTED. NO. 78 VARIOUS WATER STUDIES (PW) (#29, 12/13) That the above item be and the same hereby is received and filed. ADOPTED. NO. 79 BUFFALO WATER BOARD UNACCOUNTED FOR WATER STUDY (PW) (#20, 2/21) That the above item be and the same hereby is received and filed. ADOPTED. NO. 80 BOTTLING COB WATER TO RETAIL AND WHOLESALE SALES (#146, 12/14) That the above item be and the same hereby is received and filed. ADOPTED. NO. 81 REQ. TO TURN 667 KENSINGTON AVE.-PKG. LOT FOR PS#61 (# 131, 2/7) That the above item be and the same hereby is received and filed. ADOPTED. NO. 82 TURN 667 KENSINGTON AVE.-PKG. LOT (RESPONSE) (STRAT. PLAN.) (#7, 2/21) That the above item be and the same hereby is received and filed. ADOPTED. NO. 83 REQ. TO TURN 667 KENSINGTON AVE.-PKG. LOT FOR PS#61 (BD. ED.) (#45, 2/21 ) That the above item be and the same hereby is received and filed. ADOPTED. NO. 84 SALE OF PROPERTY-667 KENSINGTON (PW) (#33, 2/21) That the above item be and the same hereby is received and filed. ADOPTED. LEGISLATION (RICHARD A. FONTANA, CHAIRMAN) NO. 85 M. CRAMER, PETITION TO USE 185 ALLEN STREET - ADDITION TO BUILDING (ITEM NO. 56, C.C.P., MAR. 7, 2006) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Fontana moved: That after the public hearing before the Committee on Legislation on March 14, 2006, the petition of M. Cramer, agent, for permission to use 185 Allen Street for an addition to the building be, and hereby is approved. PASSED. AYES-8. NOES-0. NO. 86 S. HERMANN, PETITION TO USE 360 DINGENS - POLE SIGN (ITEM NO. 57, C.C.P., MAR. 7, 2006) That the petition of S. Hermann, agent, for permission to use 360 Dingens for a pole sign be, and hereby is approved. PASSED. AYES-8. NOES-0. NO. 87 E. HASSETT, AGENT, REZONE 1109-1121 ELMWOOD & 605 FOREST [607 FOREST AVE.-DELETE] EB & R3 TO C2 FOR HOTEL & RETAIL STORES (NORTH) (HRG. 3/7) (ITEM NO. 73, 3/7) (ITEM NO. 71, 2/21) Mr. Bonifacio moved: That the Committee recommends that the Common Council adopt the City Planning Board’s SEQRA Negative Declaration and approve the Special Development Plan Serial Plan #33 Rezoning Petition with the condition that there be 72 guest rooms as the maximum number allowed. PASSED. AYES-8. NOES-0. NO. 88 P. MORRIS & O - STOP HOTEL DEVELOPMENT AT ELMWOOD AND FOREST (ITEM NO. 58, C.C.P., MAR.7, 2006) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Fontana moved: That the above-mentioned item be and the same is hereby received and filed. ADOPTED. NO. 89 LOCAL LAW INTRO. NO. 6 (2006) BOARDS AND COMMISSIONS (ITEM NO. 110, C.C.P., MAR. 7, 2006) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Fontana moved that the above item be recommitted to the Committee on Legislation. ADOPTED. NO. 90 LOCAL LAW INTRO. NO. 7 (2006) DEPARTMENT OF COMMUNITY SERVICES (ITEM NO. 111, C.C.P., MAR. 7, 2006) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Fontana moved that the above item be recommitted to the Committee on Legislation. ADOPTED. NO. 91 LOCAL LAW INTRO#8 (2006)-DEPT. OF LAW (#112, 3/7) That the above item be and the same hereby is returned to the Common Council without recommendation. Mr. Fontana moved that the above item be recommitted to the Committee on Legislation. ADOPTED. NO. 92 LOCAL LAW INTRO. NO. 9 (2006) EXECUTIVE DEPARTMENT (ITEM NO. 113, C.C.P., MAR. 7, 2006) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Fontana moved that the above item be recommitted to the Committee on Legislation ADOPTED. NO 93 LOCAL LAW INTRO. NO. 10 (2006) DEPARTMENT OF MANAGEMENT INFORMATION SYSTEMS (ITEM NO. 114, C.C.P., MAR. 7, 2006) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Fontana moved that the above item be recommitted to the Committee on Legislation. ADOPTED NO. 94 LOCAL LAW INTRO. NO. 11 (2006) DEPARTMENT OF PUBLIC WORKS (ITEM NO. 115, C.C.P., MAR. 7, 2006) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Fontana moved that the above item be recommitted to the Committee on Legislation. ADOPTED. NO. 95 BUDGET AND PERSONNEL AMENDMENT 55 - DEPARTMENT OF COMMUNITY SERVICES 1301 - ADMINISTRATION (ITEM NO. 116, C.C.P., MAR. 7, 2006) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Fontana moved that the above item be recommitted to the Committee on Legislation. ADOPTED. NO. 96 ORDINANCE AMENDMENT-CHAPTER 414 SPECIAL EVENTS Mr. Fontana moved that the above item be recommitted to the Committee on Legislation. ADOPTED. NO. 97 REQ. RESIDENTIAL PERMIT PKG. (PW) (#24,3/7) That the above item be and the same hereby is received and filed. ADOPTED. NO. 98 RESTAURANT DANCING CLASS IV RENEWAL - 2897 BAILEY AVENUE (ITEM NO. 36, C.C.P., MAR. 7, 2006) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Fontana moved that the above item be recommitted to the Committee on Legislation. ADOPTED. NO. 99 A. THOMPSON-HOMICIDE DEPT. CORRESPONDENCE (#64, 2/7) That the above item be and the same hereby is received and filed. ADOPTED. NO. 100 SITE PLAN REQUIREMENT WITH LICENSE APPLICATIONS (ITEM NO. 103, C.C.P., FEB. 21, 2006) That the Common Council requests the Department of Economic Development, Permit & Inspection Services with the assistance of the Corporation Counsel draft the necessary ordinance amendments in order to require that a "Site Plan" be provided as a fundamental element of the license application process for all business operations with "external factors" to assist the Zoning/Permit Offices and the Common Council in conducting their respective reviews for the approval of these license applications. ADOPTED. NO. 101 MUNICIPAL CODE VIOLATIONS REPORT (ITEM NO. 95, C.C.P., FEB. 21, 2006) That the Common Council hereby requests the Bureau of Administrative Adjudication to file a monthly report with this Common Council indicating the total number of violations cited by the violation type for each department, division and/or office charged with issuing violation notices. ADOPTED. NO. 102 THREE (3) YEAR AVERAGE FOR ASSESSED VALUATION OF CITY PROPERTIES (#98, 11/29) That the above item be and the same hereby is received and filed. ADOPTED. NO. 103 THREE (3) YEAR AVERAGE FOR ASSESSED VALUATION OF CITY PROPERTIES (ASSESS/TAX) (#9, 12/27) That the above item be and the same hereby is received and filed. ADOPTED. NO. 104 LICENSING OF ADULT USE ESTABLISHMENTS (ITEM NO. 135, C.C.P., NOV. 30, 2004) That the Common Council requests the Law Department to draft a new ordinance amendments in order to require that a "Site Plan" be provided as a fundamental element of the license application process for all business operations with "external factors" to assist the Zoning/Permit Offices and the Common Council in conducting their respective reviews for the approval of these license applications. ADOPTED NO. 105 FOOD STORE LICENSE - 900 MAIN STREET (ITEM NO. 41, C.C.P., OCT. 18, 2005) (ITEM NO. 83, C.C.P., NOV. 1, 2005) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Fontana moved that the above item be recommitted to the Committee on Legislation. ADOPTED. COMMUNITY DEVELOPMENT (JOSEPH GOLOMBEK JR., CHAIRMAN) NO. 106 FY 2006 ALLOCATION ( STRAT. PLAN.) (#3, 3/7) That the above item be and the same hereby is received and filed. ADOPTED. NO. 107 2006 HUD ALLOCATION TO BUFFALO ( STRAT. PLAN.) (#4, 3/7) That the above item be and the same hereby is received and filed. ADOPTED. NO. 108 RESULTS OF NEGOTIATIONS - 28 HAMBURG (ITEM NO. 7, C.C.P., MAR. 7, 2006) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Davis moved: That the offer from Mr. Gerhardt Yaskow and Mr. Russell Maxwell, residing at 312 Summer Street, in the sum of one thousand and six hundred dollars ($1,600.00), for the purchase of 28 Hamburg, be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Corporation Counsel be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED. AYES-8. NOES-0. NO. 109 50 COURT ST.-ENV. REVIEW (#96, 3/7)(#90,2/21 )(#95,2/7) (# 109,1/24) That the above item be and the same hereby is received and filed. ADOPTED. NO. 110 LAND DISPOSITION AGREEMENT - 50 COURT STREET TO 1097 GROUP, LLC (ITEM NO. 103, C.C.P., NOV. 29, 2005) (ITEM NO. 97, C.C.P., MAR. 7, 2006) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Golombek moved: That the above item be and the same hereby is received and filed. ADOPTED. NO. 111 DOWNTOWN RENEWAL PHASE II URBAN RENEWAL AREA - SALE OF LAND - 50 COURT STREET (ITEM NO. 5, C.C.P., NOV. 29, 2005) (ITEM NO. 98, C.C.P., MAR. 7, 2006) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Golombek moved: That the above item be and the same hereby is received and filed. ADOPTED. NO. 112 50 COURT ST. (EDPI) (#31,3/7) That the above item be and the same hereby is received and filed. ADOPTED. NO. 113 M. KEARNS-REQ. TO DET. WHETHER ACTIONS OF BMHA COMM./STAFF CONSTITUTE CRIM. ACT.- PROSECUTED (#52, 3/7) That the above item be and the same hereby is received and filed. ADOPTED. NO. 114 CITY PLANNING BOARD FINDINGS - GENESEE VILLAGE RENEWAL PLAN - URBAN RENEWAL PLAN (ITEM NO. 2, C.C.P., FEB. 21, 2006) That the duly appointed members of the City Planning Board, do report for the Genesee Village Urban Renewal Plan with the findings as more fully described in the above communication; and That the proposed Genesee Village Urban Renewal Plan generally conforms to the comprehensive plan for the development of the community as a whole and is consistent with local objectives as determined by the City Planning Board; and That the Common Council be informed that pursuant to Subdivisions 2 and 3 of Section 15, Article 15 of the General Municipal Law, that the office preparing an Urban Renewal Plan must submit the proposed plan to the City Planning Board for a recommendation to be submitted to the Common Council, after which the Council is to hold a public hearing on the subject, not earlier than four (4) weeks after the Planning Board public hearing. PASSED. AYES-8. NOES-0. NO. 115 M. COPPOLA-VIOLET REALTY (#59, 2/7) That the above item be and the same hereby is received and filed. ADOPTED. NO. 116 REGULATIONS REGARDING THE SALE OF BURA PROPERTY (BURA) (#47, 2/21) That the above item be and the same hereby is received and filed. ADOPTED. NO. 117 MCCOMBES VS. COB (LAW) (#31, 1/10) That the above item be and the same hereby is received and filed. ADOPTED. NO. 118 MERGER/CONSOLIDATION OF BURA, BERC & BNRC (FINAL RES. ONLY) (#126, 1/25) That the above item be and the same hereby is received and filed. ADOPTED. SPECIAL COMMITTEES EDUCATION (ANTOINE M. THOMPSON, CHAIRMAN) NO. 119 CREATION OF JSCB NEIGHBORHOOD DEV. COMM. (BD. ED.) (#51, 11/01) That the above item be and the same hereby is received and filed. ADOPTED. NO. 120 CREATION OF JSCB NEIGHBORHOOD DEV. COMM. (BD. ED.) (#50, 10/18) That the above item be and the same hereby is received and filed. ADOPTED NO. 121 A. THOMPSON-DISSATISFACTION WITH THE COMMENCEMENT ACADEMY (#54, 11/15) That the above item be and the same hereby is received and filed. ADOPTED. NO. 122 A. THOMPSON-DISSATISFACTION WITH THE COMMENCEMENT ACADEMY (BD. ED.) (#48, 11/29) That the above item be and the same hereby is received and filed. ADOPTED. NO. 123 A. THOMPSON-BLACK CHAMBER OF COMMERCE & JSCB (#55, 12/27) That the above item be and the same hereby is received and filed. ADOPTED. NO. 124 A. THOMPSON-BLACK CHAMBER OF COMMERCE & JSCB (BD. ED.) (#42, 1/10) That the above item be and the same hereby is received and filed. ADOPTED NO. 125 J. MADDIGAN-FOIL REQ.-5/13/05-DROPOUT STATISTICS BY RACE/GENDER (BD. ED.) (#50, 5/17) That the above item be and the same hereby is received and filed. ADOPTED. NO. 126 A. THOMPSON-FOIL REQ.-5/20/05-DROPOUT STATISTICS BY RACE/GENDER FOR 2001-02 (#68, 6/28) That the above item be and the same hereby is received and filed. ADOPTED NO. 127 LITERACY-A#1 PRIORITY FOR BUFFALO PUBLIC SCHOOLS (#158, 6/28 That the above item be and the same hereby is received and filed. ADOPTED. NO. 128 A. THOMPSON-LITERACY-A# 1 PRIORITY FOR BUFFALO PUBLIC SCHOOLS (STRAT. PLAN.) (#21, 9/6) That the above item be and the same hereby is received and filed. ADOPTED. RESOLUTIONS NO. 129 BY: MR. BONIFACIO PARKSIDE/MAIN AMHERST BUSINESS & RESIDENT COLLABORATION APPLICATION TO THE NEW YORK STATE MAIN STREET PROGRAM Whereas: The State of New York recently unveiled anew $20 million New York Main Street grant program to help revitalize communities through building renovations, downtown business or cultural anchors and streetscape enhancements ancillary to other program activities; and Whereas: Directed by the State Housing Trust Fund Corporation and the Division of Housing and Community Renewal, this program will fund up to $50,000 on a competitive, reimbursement basis to not-for-profits that will serve as Local Program Administrators and in turn administer local grant programs along eligible commercial corridors; and Whereas: The Office of Strategic Planning welcomes this new State funding source as it strengthens the goals and actions for revitalization identified in the City's Comprehensive Plan, the Commercial Area Revitalization Effort (CARE) program and the Mayor's Livable Communities Initiative which uses the targeted approach in designated neighborhoods known as Comprehensive Code Enforcement Areas (CCE); and Whereas: The Buffalo Economic Renaissance Corporation is applying for $200,000 in facade enhancement dollars targeted to eligible buildings within the CARE areas whose geography includes Lower Niagara Business District, Downtown Main Street, Grant/Ferry, Jefferson Avenue Business Corridor and the Fillmore-Leroy area connecting with improvements to the Central Park Plaza. The CARE program was created to promote the economic vitality of Buffalo's older neighborhood commercial districts by encouraging and providing a comprehensive revitalization program. Having launched the CARE program through a partnership between residents, businesses, public and not-for-profit entities, BERC is strongly positioned to successfully administer a Main Street revitalization program; and Now, Therefore Be It Resolved: That the Common Council of the City of Buffalo enthusiastically endorses Parkside/Main Amherst Business & Resident Collaboration application for facade improvements to eligible buildings within the targeted CARE Program and calls upon the State of New York to give every consideration to funding this very worthy submission to the New York State Main Street Program PASSED AYES - 8 NOES – 0 NO. 130 BY: MR. BONIFACIO RE: REQUIRE INDIVIDUALS OR ENTITIES LOCATED OUTSIDE OF THE STATE OF NEW YORK WHO PURCHASE CITY-OWNED PROPERTIES TO SECURE A BOND WITH THE CITY OF BUFFALO Whereas: There are many properties in the City of Buffalo that are owned and operated by individuals or entities located outside of New York State; and Whereas: It is often very difficult for the City of Buffalo to locate, trace, or collect from many of these owners, making even more difficult for the City to address potential problems generated at these properties; and Whereas: Since taking office in 2000, my office has received complaints of Building Code or other Inspection violations at numerous properties in the Niagara District that are owned by individuals located outside of New York State; and Whereas: Since taking office in 2000, my office has also received complaints of drug dealing or criminal/nuisance activity at numerous properties in the Niagara District that are owned by individuals located outside of New York State; and Whereas: Requiring individuals or entities located outside of New York State to secure a bond with the City of Buffalo when purchasing properties from the City of Buffalo will provide the City with a financial means to address potential problems that may arise as the result of an inability to trace or collect from an owner from outside of New York State; and Whereas: The City's Tax-Foreclosure Auction has traditionally been an opportunity for many individuals or entities located outside of New York State to purchase properties in the City of Buffalo, from the City of Buffalo; and Whereas: The City's Tax-Foreclosure Auction is a primary example of a situation in which a bond requirement should be implemented because the City not only controls the sale, but could ultimately sustain additional losses if it cannot collect taxes on the property in the future; and Now, Therefore It Be Resolved: That the Corporation Counsel tiles with the Common Council its legal opinion as to the feasibility of requiring that individuals or entities operating outside of New York State who purchase city-owned properties to secure a bond with the City of Buffalo to be used to reimburse the City for financial loses related to uncollected taxes, user fee bills, costs of repairs to the property, and other general losses sustained by the City of Buffalo because of the City's inability to located or collect from these owners; and Be It Further Resolved: That this resolution be forwarded to the Department of Administration & Finance, the Department of Economic Development & Permit & Inspection Services, the Office of Strategic Planning, the Department of Assessment & Taxation, and the Comptroller for official response. ADOPT LAST RESOLVE THE REMAINDER REFERRED TO THE COMMITTEE ON FINANCE NO. 131 RESOLUTION facio, Jr. BY: MR. BONIFACIO RESTART 511-136 OF THE CITY OF BUFFALO CHARTER, "USE PERMIT REQUIRED FOR HUMAN SERVICE FACILITIES" Whereas: It is recognized that human service facilities are present in locations throughout the City of Buffalo; and Whereas: It is further recognized that there exists a concentration of such facilities in particular areas of the City despite application of the current Zoning Ordinances of the City of Buffalo; and Whereas: The continuing placement of such facilities in areas that are already over-concentrated serves to defeat the community integration goals of these facilities and may alter the nature and character of affected areas to the detriment of both the users of such facilities and the community in general; and Whereas: Additional regulation is therefore necessary to balance the interest of the users of such facilities and the community in general; and Whereas: The City of Buffalo implemented additional regulation effective July 1, 1995, the expiration date has since passed and it seems appropriate that the City of Buffalo restart 511-136 of the City of Buffalo Charter, "Use Permit required for Human Service Facilities" to balance the interest of the users of human service facilities and the community in general; and Now, Therefore It Be Resolved: That this honorable body requests the Corporation Counsel to prepare and file an ordinance amendment that restarts 511-136, "Use Permit Required for Human Service Facilities;" and Be It Further Resolved: That the new ordinance goes into affect immediately upon its adoption by the Common Council. ADOPTED NO. 132 RESOLUTION BY: BRIAN C. DAVIS, ELLICOTT DISTRICT PERMISSION TO HANG A BANNER ACROSS DELAWARE AVENUE Whereas Trinity Episcopal Church would like to hang a banner across Delaware Avenue to advertise their annual White Elephant Sale event; and Whereas Trinity Episcopal Church is requesting to display the banner in front of the church located at 371 Delaware Avenue; and Whereas Trinity Episcopal Church has requested that said banner be displayed from Saturday, April 22, 2006 through Thursday, June 22, 2006. Now, Therefore, Be It Resolved: That the Common Council of the City of Buffalo grant permission to Trinity Episcopal Church to display a banner to advertise the Trinity White Elephant Sale; and Be It Further Resolved: That Trinity Episcopal Church will purchase the necessary bond before the banner is hung. Be It Finally Resolved: That the banners meet the legal specifications set forth by the Department of Public Works and that no existing laws should be violated. Brian C. Davis Ellicott District Councilmember PASSED AYES - 8 NOES - 0 NO. 133 BY: COUNCIL PRESIDENT FRANCZYK SET PUBLIC HEARING "50 COURT STREET WHEREAS, 1097 Group, LLC 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, on December 8, 200~the City of Buffalo Urban Renewal Agency and the Redeveloper negotiated a Land Disposition Agreement for the sale of 50 Court Street, Buffalo, New York in the Downtown Renewal Phase II Urban Renewal Area; and WHEREAS, the LDA has been renegotiated and amended to better reflect the desires of BURA and the City of Buffalo to insure that projects proceed to completion in an expeditious fashion, and WHEREAS, Due to the changes made in the LDA, it is required that BURA reapprove the LDA. WHEREAS, the terms of said revised Land Disposition Agreement have been approved by the City of Buffalo Urban Renewal Agency; and WHEREAS, said revised 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, Section 507(2) of the "General Municipal Law" requires that the disposition of land in an Urban Renewal Project may be approved only after a public hearing 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 24th day of March, 2006. 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 4th of April, 2006.. ADOPTED NO. 134 BY: COUNCIL PRESIDENT FRANCZYK LDA 50 COURT STREET WHEREAS, the Buffalo Urban Renewal Agency has duly designated 1097 Group, LLC 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 Hearing, as required by Section 507, Subdivision 2(d) of the "General Municipal Law" and WHEREAS, the proposed Land Disposition Agreement has been duly submitted to this Common Council by the Buffalo Urban Renewal Agency; and NOW, THEREFORE, BE IT RESOLVED: 1. 1097 Group, LLC and/or other legal entity to be formed was duly designated as qualified and eligible Redeveloper by the Buffalo Urban Renewal Agency, is hereby approved as the Redeveloper of 50 Court Street in the Downtown Renewal Phase II Urban Renewal Area. 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 deeds or other documents necessary to convey land described in the proposed "Land Disposition Agreement" to 1097 Group, LLC and/or other legal entity to be formed in accordance with the terms of said Agreement and for the consideration recited therein. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT. NO. 135 BY: FRANCZYK UNIVERSITY AT BUFFALO LEADS BY EXAMPLE Whereas: Across the country academic institutions are committing to renewable energy by purchasing green power to meet their electricity needs to offset harmful emissions and global warming; and Whereas: The Environmental Protection Agency ("EPA") has recognized University at Buffalo ("UB") as one of their "Top 10 Green Power Partners" due to UB's purchase of green power for a portion of their electricity needs; and Whereas: UB was New York's largest purchaser of wind energy in 2003 and 2004, with a total purchase of 12 million kilowatt hours which represents 6% of UB's electricity consumption; and Whereas: UB was recognized as the 2004 "Environmentalist of the Year" by Environmental Advocates of New York for its green power leadership"; and Whereas: UB's dedication to purchasing wind energy is due to the clean emissions-free renewable energy and the type of green power most likely to be developed in New York State; and Whereas: UB's energy conservation program is credited with over $100 million in savings and is nationally recognized. UB is the first university in the country to completely replace its campus-wide beverage vending machines with green technology which equates to an electrical cost savings of $21,000 a year due to the new energy-efficient vending machines installed in August 2004; and Whereas: Due to UB's leadership and the dramatic savings in energy costs revealed by the EPA, this initiative is spurring interest in energy efficient vending and forcing beverage distributors to shift to energy-efficient green machines; and Now, Therefore, Be It Resolved: That the Common Council of the City of Buffalo applauds and commends the University at Buffalo as a green campus leader and its commitment to environmental stewardship and excellence serves as a model, inspiration and resource for governments, institutions, businesses and individuals in Western New York. ADOPTED NO. 136 BY: MR. GOLOMBEK, JR. REUSE FOR RICHARDSON COMPLEX Whereas: Buffalo has an extraordinary architectural and historic advantage to all other cities throughout the United States; and Whereas: Architecturally, Buffalo is one of two cities with magnificent buildings designed by three of America's Greatest" architects: Frank Lloyd Wright, Louis Sullivan and H.H. Richardson. The designs by these men are a noteworthy draw for residents and visitors alike: and Whereas: H.H. Richardson, at the request of his good friend, William Dorsheimer, designed his first building, a residential home found on Buffalo's Delaware Avenue in 1868. It was proudly named the "William Dorsheimer House;" and Whereas: The other structure, originally known as the "Buffalo State Hospital," is an imposing twin tower building made of red Medina sandstone placed on grounds designed by the honorable Frederick Law Olmstead and Calvert Vaux; and Whereas: Known today as the "Richardson Complex" at the Buffalo Psychiatric Center on Forest & Elmwood Avenues, it is appropriately placed along the unique "Elmwood Strip," a residential and commercial section of the City of Buffalo known lbr its bohemian characteristics; and Whereas: The City of Buffalo, in addition to its architectural value, has the distinct honor of being the political launching , 'nd th, pads for two United States Presidents--the 13thMillard Fillmore, and the 22as well as 24Grover Cleveland; and Whereas: Before his presidential term, Millard Fillmore practiced law in Buffalo and was elected to the U.S. House of Representatives and served as Vice President. Upon his passing, he was buried in Forest Lawn Cemetery, in Buffalo; and Whereas: Grover Cleveland also practiced law in Buffalo before his political career. He proudly served as Erie County SherifL Mayor of the City of Buffalo and Governor of New York before his successful presidential election bids; and Whereas: In recent years there has been discussion about potential reuse ideas lbr the Richardson Complex. A historical library honoring Presidents Fillmore and Cleveland could be a viable plan: and Whereas: Federal, State and private funding sources need to be explored in further detail. Possible funding from the SUNY System should also be considered, as the historical library could be incorporated with educational programs offered at the neighboring SUNY College at Buffalo; and Whereas: The success of the "Elmwood Strip" with its established "art" culture and clientele and the close proximity to Bufthlo's Alhright Knox Art Museum and Historical Society, strengthens any argument that the Richardson Complex would be a suitable location for a "Presidential Library;" and Whereas: The Presidential Library could be an "interactive" museum honoring the lives and accomplishments of Millard Fillmore and Grover Cleveland; and Whereas: This location is ideal for school "field trips" by children of Buffalo Schools as well as neighboring school districts--many of which already plan regular visits to the Art & Historical Museums; Now, Therelbre, Be It Resolved: That the Common Council of the City of Buffalo does hereby support a Presidential Library, dedicated to Millard Fillmore and Grover Cleveland, located at the H.H. Richardson Twin Tower Complex; and Now, Therefore, Be It Further Resolved: That certified copies of this resolution be sent to the Western New York Delegation, the United States House of Representatives and the President of the SUNY College at Buffalo for their comment as to the feasibility of converting the Richardson Complex to an interactive Presidential Library honoring Millard Fillmore and Grover Cleveland. ADOPTED NO. 137 BY: MR. KEARNS RE: DISCHARGE ITEM FROM THE CLAIMS COMMITTEE Whereas: Item 60, CCP March 7, 2006 "Karen Czekalski v COB" and Whereas: It is no longer necessary for this item to be considered by that committee; Now, Therefore, Be It Further Resolved: This Common Council does hereby discharge Claims Committee item 60, CCP March 7, 2006 "Karen Czekalski vs COB from further consideration of the above item and said item is now before the Council. Be it finally resolved That the claim of Karen Czekalski in the amount of $125,000 be approved ADOPT DISCHARGE PASSED AYES - 8 NOES - 0 NO. 138 BY: MR. KEARNS REQUEST FOR NOTIFICATIONS FROM BUFFALO WATER BOARD Whereas: The Buffalo Water Board has policies and procedures in place when they need to terminate water service to the residents in Buffalo due to non-payment of such service; and Whereas: It is the understanding of this Common Council that residents are given sufficient notification of the impending termination of service by a series of warnings and then notification that water service will be terminated in 20 days of receipt of the final notification; and Whereas: Common Council Members receive many constituent complaints after the fact and may have been able to assist constituents in obtaining help to continue water service without disruption. Now, Therefore, Be It Resolved: That the Common Council of the City of Buffalo hereby requests the Buffalo Water Board to amend its policy of notification of impending termination of water service to the residents in the City of Buffalo to include notification of the Common Council when the first warning is issued based on the work orders for its field agents; and Now, Therefore, Be It Further Resolved: That this item be referred to the appropriate Council Committee for further action. Michael P. Kearns ADOPTED NO. 139 BY: MS. RUSSELL BUDGET AND PERSONNEL AMENDMENT DEPARTMENT OF ADMINISTRATION, FINANCE & URBAN AFFAIRS 05- LAW 14 -TOWING & STORAGE 15 -TREASURY 16 - COLLECTIONS 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 05 Department of Law and Department Of Administration, Finance & Urban Affairs, 14- Towing & Storage, 15- Treasury and 16 -Collections which currently read: 15 -TREASURY 1 Chief Teller $ 31,791 - $ 36,193 1 Head Tell $ 30,797 - $ 35,485 2 Associate Account Clerk $ 29,179 - $ 33,897 5 Teller $ 27,648 -$ 31,153 1 Contract & Specifications Clerk $ 30,472 - $ 35,063 16 - COLLECTIONS 2 Paralegal Assistant $ 34,471 - $ 40,022 Is hereby amended to read: 1 Paralegal Assistant $ 34,471 - $ 40,022 14 -TOWING & STORAGE 1 Associate Account Clerk $ 29,179 - $ 33,897 15 -TREASURY 2 Treasury Administrator $ 37,913 - $ 43,908 8 Teller $ 27,648 - $ 31,153 16 - COLLECTIONS 1 Collection Officer $ 40,670 - $ 47,203 1 Paralegal Assistant $ 34,471 - $ 40,022 IT IS HEREBY CERTIFIED, pursuant to Section 3-19 of the Charter, that the immediate passage of the foregoing ordinance is necessary. ALISA LUKASIEWICZ, CORPORATION COUNSEL AND JAMES B MILROY Ph.D., COMMISSIONER OF ADMINISTRATION, FINANCE AND URBAN AFFAIRS, 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. CORPORATION COUNSEL JAMES B MILROY PH.D. COMMISSIONER OF ADMINISTRATION AND FINANCE FINANCE AND URBAN AFFAIRS APPROVED AS TO FORM PASSED AYES - 8 NOES - 0 NO. 140 BY MR. THOMPSON AND MR. GOLOMBEK CO SPONSORS MR. DAVIS, MR. KEARNS, MR. FONTANA FREE SATURDAY PARKING AT METERS IN DOWNTOWN BUSINESS DISTRICT Whereas The City of Buffalo is experiencing renewed growth as new housing, restaurants, entertainment venues, and businesses have moved into, or expanded in the downtown business core; and Whereas: These investments are sought and encouraged by the City, its Administration, and this Common Council; and Whereas: The recent parking enforcement "blitz" in the City of Buffalo has been the subject of much discussion and debate throughout the community; and Whereas: Among the many concerns were ambiguous signs and meter inscriptions that both confuse and frustrate downtown parkers; and Whereas: For the successes of this recent downtown renaissance to continue parking issues must be addressed; and Whereas: Downtown is at a disadvantage to suburban and other areas that offer free parking for their customers; and Whereas: The Board of Parking and Buffalo Place, Inc. have over the years performed numerous parking studies recommending that the City reform its on-street parking policies; and Whereas: The City of Buffalo traffic ordinance, Chapter 479, Section 33, Subsection 16 states; "Unless the Council shall by resolution provide otherwise, the hours during which parking meters shall be in use shall be from 8:00am to 5:00pm, except on Sundays and the following legal holidays: New Year's Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day, and Christmas Day"; Now Therefore Be It Resolved: That the Department of Public Works, Parks and Streets and the Division of Parking Enforcement immediately report back to the Common Council with a plan to: 1. Eliminate the confusion where traffic and meter signage instructions are not in agreement 2. Designate free parking on Saturdays in select areas such as, but not limited to the downtown central business district; and Now Therefore Be It Further Resolved: That the Commissioner of the Department of Public Works and the Director of Parking Enforcement immediately review the matter and report to this Council the cost to correct the signage to be consistent with what is posted on adjacent parking meters and the City Ordinance. Please offer a timetable for compliance. ADOPTED NO. 141 By: Mr. Thompson ORDINANCE AMENDMENT CHAPTER 154, DISCRIMINATION The Common Council of the City of Buffalo does hereby ordain as follows: That Chapter 154 of the Code of the City of Buffalo be amended to read as follows: § 154-12, Fair Housing Ordinance, Legislative Intent It is the goal of the City of Buffalo to continue efforts to revitalize and strengthen its neighborhoods. The City finds it necessary- to protect the rights of its citizens to equal access to housing, which will help prevent the decline in property- values yet ensure housing choices for all residents. § 154-13, Definitions a) Advertising, printing, circulating placing or publishing or causing to be placed or published any written statement, including electronic media, with respect to the availability for sale or rent of a housing accommodation or the listing of a housing accommodation with any person, business or entity which a referral list of available housing. maintains b) Disability - a physical, mental or medical impairment which substantially limits one or more major life activities; or a record of having such an impairment; or a condition regarded by others as such an impairment; or an association with a person with such an c) Familial Status - any person who is pregnant or has a child or is the process of obtaining legal custody of an individual who has not attained the age of eighteen years; or one or more individuals who have not attained the age of eighteen years domiciled with a parent or another person having legal custody of such individual or the designee thereof d) Housing Accommodation - any building, structure or portion thereof located within the City of Buffalo which is occupied, intended or designed for occupancy as the home residence, or sleeping place of one or more persons sharing living quarters. e) Landlord - an owner, lessor, sub-lessor, owner's or lessor's assignee, or managing agent, or other person having the right to sell, rent or lease a housing accommodation constructed, or to be constructed, or any agent or employee thereof 0 Marital Status - single, married, divorced, separated or widowed. g) Military Status - a person's participation in the United States military or the military of a state h) National Origin - ancestry. I) Person - one or more individuals, partnerships, associations, corporations, their agents, assigns and representatives. j) Rent - to lease, sublease, to let or to otherwise grant for a consideration the fight to occupy a premises not owned by the occupant. k) Sexual Orientation - A person's actual or perceived homosexuality, heterosexuality, or bisexuality. l) Gender Identity and Expression shall include a person's actual or perceived gender, as well as a person's gender identity, self-imageappearance, expression or behavior, whether or not that gender identity, self-image, appearance, expression or behavior is different than that traditionally associated with the person's sex at birth. m) Source of Income - payments from a lawful occupation or employment, as well as other payments including, but not limited to, public assistance, supplemental security income, pensions, annuities, unemployment benefits, government subsidies such as Section 8 or other housing subsidies. §154-14 - Rights of Landlords This chapter does not prohibit a landlord from refusing to rent a housing accommodation to a person if one or more of the following conditions are met: a) The person's source of income is unstable, or insufficient to pay the rent or the source of said income is from an unlawful source; or b) The tenant has been unable to make timely rental payments in all or part of the preceding eighteen months; or c) The person has been the source of past complaints from neighbors in all or part of the preceding eighteen months, except where those complaints can be reasonably attributed to harassment or discriminatory' intent; or d) The person intends to occupy the housing accommodation with a larger number of persons than can be accommodated under occupancy standards established by law; or e) For any other reason not prohibited by the laws of the United States, the State of New York or the discriminatory practices set forth in this Chapter, provided that such refusal is based upon legally permitted criteria and those criteria are applied equally to all prospective tenants. § 154-15, Promotion of Fair Housing Goals Within 120 days of the effective date of this Ordinance, all landlords owning more than 20 rental units within the City of Buffalo, and all real estate offices within the City of Buffalo, selling more than 20 residential housing accommodations within a calendar year shall be required to use the equal opportunity logotype or a statement of equal opportunity housing on applications and marketing materials, and to display in rental or real estate offices a public notice of equal opportunity in housing. § 154-16, Notification to Multiple Dwelling Owners Every owner required to obtain a certificate of occupancy as detailed in Buffalo Code § 129-6 shall also complete a certification prior to said certificate of occupancy may be issued that the owner is fully aware of the Fair Housing Ordinance for the City of Buffalo, and has received a copy of said Ordinance. The Department of Permit and Inspection Services shall ensure that such owners receive a copy of the Fair Housing Ordinance. § 154-17 - Unlawful Discriminatory Practices It shall be unlawful for any person or entity engaged in the sale or rental of housing to do the following: a:) Refuse to sell, rent, lease, make unavailable for inspection, sale or rental, or otherwise to deny or withhold from any person or persons housing accommodation because of race, creed, color, national origin, sex, disability, familial status, marital status, age, sexual orientation, gender identity and expression, military status or source of income. b) Discriminate against any person in the terms, conditions or privileges of sale, rental or lease of any housing accommodation or in the furnishing of facilities or services in connection therewith because of race, creed, color, national origin, sex, disability, familial status, marital status, age, sexual orientation, gender identity and expression, military status or source of income. c) To print or circulate or cause to be printed or circulated any statement, advertisement or publication, or to use any form or application for the purchase, rental or lease of a housing accommodation or to make any record or inquiry in connection with the prospective purchase, rental or lease of a housing accommodation which expresses, directly or indirectly, any limitation, specification or discrimination as to race, creed, color, national origin, sex, disability, familial status, marital status, age, sexual orientation, gender identity and expression, military status or source of income. d) To induce or attempt to induce any person to sell or rent any housing accommodation by representations regarding the entry or prospective entry into the neighborhood of persons of a particular race, creed, color, national origin, sex, disability, familial status, marital status, age, sexual orientation, gender identity and expression, military status or source of income. e) Refusal to permit, at the expense of a person with disabilities, reasonable modifications of existing premises, if such modifications may be necessary to afford such person full enjoyment of the housing accommodation, and a refusal to make reasonable accommodations in rules, policies, practices or services which may be necessary- to afford a person with disabilities equal opportunity to use and enjoy the housing accommodation f) To incite, compel or coerce the doing of any acts forbidden by this Chapter, or to retaliate or discriminate against any person or entity because that person or entity has filed a complaint or testified or assisted in any proceeding commenced under this Chapter. g) For any bank, savings or loan association, insurance company or other entity whose business consists in whole or part of the making of loans and arranging of financing for housing or secured by real property or the issuance of property insurance to discriminate in the issuance or terms and conditions of a loan or insurance policy because of race, creed, color, national origin, sex, disability, familial status, marital status, age, sexual orientation, gender identity and expression, military status or lawful source of income. § 154-18, Exemptions The provisions of this Chapter shall apply to all housing accommodations within the City of Buffalo as well as land zoned for residential uses except the following: a) The rental of a housing accommodation in a building that contains housing accommodations for not more than three households or less living independently if the owner resides in one of the dwelling units; b) The restriction of the rental of rooms in a housing accommodation to persons of the same sex; c) The rental of a room or rooms in a housing accommodation designed in such a way that the occupants would be required to share part of their living quarters with another occupant or occupants not of their own choice; and d) Restriction of the sale, rental or lease of a housing accommodation exclusively to persons 55 years of age or older and their spouses with respect to age and familial status § 154-19, Enforcement a) The Mayor of the City of Buffalo shall designate a Fair Housing Officer to receive, investigate and/or refer complaints under this Chapter to a qualified fair housing enforcement agency certified to investigate and handle fair housing complaints. b) Any person or organization, whether or not an aggrieved party, may file with the Fair Housing Officer a complaint alleging violation of this Chapter within one year from the date of the occurrence. Such complaint shall be in writing, and in such form as required by the Fair Housing Officer. c) The Fair Housing Officer shall notify the accused party within thirty (30) days of the date of the filing of the complaint, and request the accused party to answer the complaint in writing within twenty (20) days after the mailing of such notice. The date of the mailing of the Fair Housing Officer's notification shall be endorsed thereon. The Fair Housing Officer shall, thereafter, make a prompt investigation in connection with the complaint sufficient to determine whether there is probable cause to establish discriminatory conduct. d) If, in the judgment of the Fair Housing Officer, a conciliation agreement would satisfactorily resolve the complaint, he/she shall include in such agreement provision requiring the accused party to refrain from unlawful discriminatory practices, and may include such compensation and/or affirmative relief as is agreed upon by the parties. Conciliation agreements shall not be subject to confidentiality agreements. e) Within 120 days of the date of the filing of the complaint, the Fair Housing Officer shall conclude the investigation and determine whether there is probable cause to support a finding of discriminatory conduct by the accused party under this Chapter, and refer the matter as detailed in section 154-20 below. § 154-20, Penalties Upon certification by the Fair Housing Officer that there has been an affirmative finding of probable cause of discriminatory practice, the Fair Housing Officer may; a) request the Corporation Counsel to file an action against the accused party, in a court of competent jurisdiction, seeking the imposition of the following penalties: 1) A fine not exceeding One Thousand Five Hundred Dollars ($1,500) for each offense, with each act of discrimination being considered a separate offense; and/or 2) Revocation or suspension of any license of permit issued by the City of Buffalo, necessary to the operation of the housing accommodation(s) in question, and any other equitable relief necessary to effect the purposes of this Chapter; and/or 3) All costs, expenses and disbursements incurred by the City of Buffalo in effecting compliance with this Chapter; and/or 4) Such other relief directed by a court of appropriate jurisdiction; and/or b) Request a qualified fair housing enforcement agency to commence a civil action or proceeding for injunctive relief, damages, and other appropriate relief in law or equity against a person who violates this Chapter. In any such action or proceeding, the court, in its discretion may allow the party commencing such action or proceeding, if such party prevails, a reasonable attorney's fee as part of the costs. c) The Corporation Counsel may seek a Contempt Order from a court of appropriate jurisdiction if necessary; to enforce a conciliation agreement or penalties imposed under this Chapter. §154-21, Annual Report The Fair Housing Officer shall prepare an annual report detailing the work performed including a statistical analysis of the caseload, a summary of dispositions of complaints filed and/or referred to housing agencies, and recommendations regarding fair housing practices. This report shall be submitted to the Mayor and filed with the City Clerk no later than st March 1 of each year. Copies shall also be sent to the Commissioner of the New York State Division of Human Rights. the Attorney General of the State of New York, and the Secretary of the United States Department of Housing and Urban Development. § 154-22, Other Remedies Nothing in this Chapter shall limit or abridge the right of a Complainant to pursue any other remedies that may be available under the laws of the State of New York, the United States or any other applicable jurisdiction. § 154-23, Construction Nothing in this Chapter shall be construed to invalidate or limit any law of the State of New York, the United States or any other jurisdiction that grants, guarantees or protects the same rights that are granted, guaranteed or protected by this Chapter. §154-24, Severability If any part of this Chapter shall, for any reason, be adjudged by a court of competent jurisdiction to be invalid, such judgment shall not impair or invalidate the remainder of this Chapter. It is hereby certified pursuant to Section 3-19 of the Charter of the City of Buffalo, that the immediate passage of the foregoing ordinance is necessary. APPROVED AS TO FORM David State Senior Deputy Corporation Counsel For Alisa A. Lukasiewicz Corporation Counsel Matter underlined is new. Matter in brackets to be deleted. REFERRED TO THE COMMITTEE ON LEGISLATION. NO. 142 By: Mr. Thompson REQUEST TO HANG BANNERS ON HAGER STREET th Whereas: The Niagara Lutheran Home and Rehabilitation Center, located at 64 Hager Avenue, is celebrating its 50 Anniversary during 2006; and Whereas: Today, the facility is home for 168 long-term care residents and 15 beds are dedicated for the use of sub-acute and rehabilitation patients. With skilled nursing and rehabilitation available at NLHRC and assisted living care at Lutheran Church Home of Buffalo, the organization is investigating the feasibility of creating a city based continuing care community where residents have the availability of various levels of care on a single campus; and Whereas: The Niagara Lutheran Home and Rehabilitation Center has requested to hang banners approximately two (2") feet wide by seventy-two (72") feet tall and be installed with double bracketed poles; and Whereas: Ace Flag, a contractor of both Forest Lawn Cemetery and Canisius College, has been chosen to provide the banners and their respective installation; and Whereas: The banners will be placed on light poles at the comer of East Delavan Avenue and Hager Street, and on the western side of Hager Street between East Delavan Avenue and Florida Avenue; and Whereas: The affected light poles include: 86, 81, 68, 55 and 44 along Hager Avenue; and Now, Therefore Be It Resolved That: This Common Council hereby requests that the Department of Public Works grant the necessary permission to Niagara Lutheran Home and Rehabilitation Center to install banners along Hager Avenue. PASSED. AYES-8. NOES-0. NO. 143 By Mr. Thompson Felicitations/In Memoriam Attached hereto are Felicitation and In Memoriam Resolutions sponsored by Members of the Common Council as indicated: In Memoriam for Herbert L. Bellamy Sr. By Councilmembers Davis, Franczyk, Russell, Thompson & City Clerk Chwalinski ADOPTED. NO. 144 By: Mr. Thompson APPOINTMENTS COMMISSIONER OF DEEDS That the following persons are hereby appointed as Commissioner of Deeds for the term ending December 31, 2006, conditional, upon the person so appointed certifying under oath to their qualifications and filing same with the City Clerk: Katie Graney Nicole Pirrone Joselyn Nieves Total: 3 ADOPTED. NO. 145 By: Mr. Thompson APPOINTMENTS COMMISSIONERS OF DEEDS REQUIRED FOR THE PROPER PERFORMANCE OF PUBLIC DUTIES That the following persons are hereby appointed as Commissioner of Deeds for The term ending December 31, 2006, conditional upon the persons so appointed certifying under oath to their qualifications and filing same with the City of Buffalo Ernest Bursie Margaret Sack Richard Wagstaff Michael Root Michelle Cray Gary Teague Joseph Cook Leon Hicks Sherry Ebert Thomas Vivian Deborah Beltz Total: 11 ADOPTED. NO. 146 ANNOUNCEMENT OF COMMITTEE MEETINGS th The following meetings are scheduled. All meetings are held in the Common Council Chambers, 13floor City Hall, Buffalo, New York, unless otherwise noted. Regular Committees Committee on Civil Service Tuesday, March 28, 2006 at 9:45 o'clock A.M. Committee on Finance Tuesday, March 28, 2006 at 10:00 o'clock A.M. following Civil Service Committee on Legislation Tuesday, March 28, 2006 at 2:00 o'clock P.M. Committee on Comm. Dev. Wednesday, March 29, 2006 at 10:30 o'clock A.M. Special Committees Budget Thursday, March 23, 2006 at 10:00 o'clock A.M. in Room 1417 City Hall. Special Education Comm. Mtg. Monday, March 27, 2006 at 6:00 o'clock P.M. in the Council Chambers on Homicides and Gangs in the City of Buffalo. (Public Disclaimer): All meetings are subject to change and cancellation by the respective Chairmen of Council Committees. In the event that there is sufficient time given for notification, it will be provided. In addition, there may be meetings set up whereby the City Clerk's Office is not made aware; therefore, unless we receive notice from the respective Chairmen, we can only make notification of what we are made aware. NO. 147 ADJOURNMENT On a motion by Mr. Bonifacio, Seconded by Mr. Fontana, the Council adjourned at 2:50 p.m. GERALD A. CHWALINSKI CITY CLERK Board of Police and Fire Pension Proceedings #3 Office of the Mayor-201 City Hall March 23, 2006 Present: Byron W. Brown, Mayor; David A. Franczyk, Council President; Darby Fishkin, Deputy Comptroller, Alisa A. Lukasiewicz, Corporation Counsel, Michael S. Lombardo, Commissioner of Fire-5 The Journal of the Last Meeting was approved. NO. 1 I transmit herewith the Pension Payroll for the Fire Pension Fund for the months of March 2006 amounting to $5,610.00 amounting to $5,610.00 and request that checks be drawn to the order of the persons named herein for the amounts stated. ADOPTED AYES-5. NOES-0. NO. 2 I transmit herewith the Pension Payroll for the Police Pension Fund for the month of March 2006 amounting to $6,565.00, respectively, and request that checks be drawn to the order of the persons named herein for the amounts stated. ADOPTED AYES-5 NOES-0. NO. 3 On motion by Mrs. Fishkin, the City of Buffalo Police and Fire Pension Board Meeting adjourned at 11:10 a.m. CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO SPECIAL SESSION TUESDAY, MARCH 14, 2006 AT 1:45 P.M. PRESENT : Council President Franczyk and Council Members Bonifacio, Fontana, Golombek, Kearns-5. ABSENT-Davis, Russell, Thompson-3. NO. 1 CALL FOR SPECIAL SESSION Pursuant to Section 3.9 of the Charter of the City of Buffalo, upon the written request of Five Councilmembers, dated March 13, 2006 presented to you herewith, I hereby call a Special Meeting of the Common Council, to be held in the Council Chambers, City Hall, Buffalo, New York, on March 14, 2006 at 1:45 P.M. for the following purposes: To receive and take appropriate action on : All Items Relating To 1. Request Additional State Aid Yours very truly, David A. Franczyk President of the Council Mr. David A. Franczyk President, Common Council Dear Sir: We, the undersigned members of the Common Council, hereby request that you call a Special Meeting of the Common Council, pursuant to Section 3.9 of the Charter of the City of Buffalo, for the following purpose: To receive and take appropriate action on All items pertaining to 1. Request Additional State Aid We request that this Special Meeting be held on March 14, 2006 at 1:45 P.M. Dominic J. Bonifacio Jr. Michael Kearns Antoine Thompson Richard A. Fontana Brian Davis Pursuant to Rule 2 of the Rules of Order of the Common Council of the City of Buffalo, each of the following named members of the Common Council, to wit: DOMINIC BONIFACIO BRIAN DAVIS RICHARD FONTANA JOSEPH GOLOMBEK JR. MICHAEL KEARNS BONNIE E. RUSSELL ANTOINE THOMPSON hereby agrees that he/she received twenty-four (24) hours' notice of the time and purpose of the Special Meeting of the Common Council duly called to be held on March 14, 2006 at 1:45 p.m. STATE OF NEW YORK COUNTY OF ERIE) ss: CITY OF BUFFALO) On this 13th day of March 2006, before me, the subscribers, personally appeared All Councilmembers To me known to be the same persons described in and who executed the foregoing instrument, and they duly and severally acknowledged to me that they executed the same. Gerald A. Chwalinski My Commission Expires 12/31/06 TO EACH MEMBER OF THE COMMON COUNCIL: YOU ARE HEREBY NOTIFIED that, pursuant to Section 3.9 of the Charter of the City of Buffalo, upon the written request of Five Councilmembers, dated February 21, 2006, DAVID A. FRANCZYK, President of the Common Council, has called a Special Meeting of the Common Council, to be held in the Council Chambers, City Hall, Buffalo, New York, on Tuesday, March 14, 2006 at 1:00 P.M. for the following purpose: To receive and take appropriate action on all items relating to 1) Request Additional State Aid Yours very truly, Gerald A. Chwalinski City Clerk RECEIVED AND FILED FROM THE MAYOR NO. 2 CITY OF BUFFALO 2006-2007 NEW YORK STATE BUDGET REQUEST CITY OF BUFFALO 2006-07 STATE LEGISLATIVE AGENDA The Office of the Mayor hereby submits the following communication, attached which includes the Mayor's 2006-2007 New York State Budget Request on behalf of the City of Buffalo, for Your Honorable Body's review and support. : Included in this package is a request for a $20,000,000 Efficiency Incentive Grant to be used as re-engineering funds necessary to balance the City budget by 2009-2010. Additionally, the package supports the Assembly Majority's proposal to enrich and modify the Aid and Incentives for Municipalities at a request of $26,391,000, and also includes a $40,000,000 request in Capital Funding as part of the Buffalo Revitalization Initiative for Demolitions, Land Acquisition, Downtown Development and Middle/Upper Housing. The Mayor is also requesting that the City of Buffalo be designated as the "host community" for the proposed Seneca Buffalo Creek Casino, and that 100% of the local revenue shares be returned to the City. It is the Mayor's hope that Your Honorable Body will join in supporting these requests to New York State, as we continue to work together on behalf of the City of Buffalo. ADOPTED. NO. 3 ADJOURNMENT On a motion by Mr. Bonifacio, seconded by Mr. Fontana, the Council adjourned at 2:10 P.M. GERALD A. CHWALINSKI CITY CLERK CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO SPECIAL SESSION TUESDAY, MARCH 15, 2006 AT 11:30 A.M. PRESENT : Council President Franczyk and Council Members Bonifacio, Davis, Fontana, Golombek, & Thompson-5. ABSENT-Kearns & Russell-2. NO. 1 CALL FOR SPECIAL SESSION Mr. Gerald A. Chwalinski City Clerk 1308 City Hall Buffalo, New York Dear Mr. Chwalinski: Pursuant to Section 3.9 of the Charter of the City of Buffalo, upon the written request of Five Councilmembers, dated March 15, 2006 presented to you herewith, I hereby call a Special Meeting of the Common Council, to be held in the Council Chambers, City Hall, Buffalo, New York, on March 14, 2006 at 11:30 A.M. for the following purposes: To receive and take appropriate action on : All Items Relating To 1. 2006-07 Block Grant Budget Yours very truly, David A. Franczyk President of the Council Mr. David A. Franczyk President, Common Council Dear Sir: We, the undersigned members of the Common Council, hereby request that you call a Special Meeting of the Common Council, pursuant to Section 3.9 of the Charter of the City of Buffalo, for the following purpose: To receive and take appropriate action on All items pertaining to 1. 2006-07 Block Grant Budget We request that this Special Meeting be held on March 15, 2006 at 11:30 A.M. Brian Davis Antoine Thompson Richard A. Fontana Joseph Golombek Jr. Dominic Bonifacio Jr. Pursuant to Rule 2 of the Rules of Order of the Common Council of the City of Buffalo, each of the following named members of the Common Council, to wit: DOMINIC BONIFACIO BRIAN DAVIS RICHARD FONTANA JOSEPH GOLOMBEK JR. MICHAEL KEARNS BONNIE E. RUSSELL ANTOINE THOMPSON hereby agrees that he/she received twenty-four (24) hours' notice of the time and purpose of the Special Meeting of the Common Council duly called to be held on March 15, 2006 at 11:30 a.m. STATE OF NEW YORK COUNTY OF ERIE) ss: CITY OF BUFFALO) On this 15th day of March 2006, before me, the subscribers, personally appeared All Councilmembers To me known to be the same persons described in and who executed the foregoing instrument, and they duly and severally acknowledged to me that they executed the same. Gerald A. Chwalinski My Commission Expires 12/31/06 TO EACH MEMBER OF THE COMMON COUNCIL: YOU ARE HEREBY NOTIFIED that, pursuant to Section 3.9 of the Charter of the City of Buffalo, upon the written request of Five Councilmembers, dated February 21, 2006, DAVID A. FRANCZYK, President of the Common Council, has called a Special Meeting of the Common Council, to be held in the Council Chambers, City Hall, Buffalo, New York, on Wednesday, March 15, 2006 at 11:30 A.M. for the following purpose: To receive and take appropriate action on all items relating to 1) 2006-07 Block Grant Budget Yours very truly, Gerald A. Chwalinski City Clerk RECEIVED AND FILED NO. 2 2006-2007 BLOCK GRANT BUDGET (YEAR 32) Details are in Clerk’s Office. PASSED. AYES-6. NOES-0. NO. 3 ADJOURNMENT On a motion by Mr. Bonifacio, seconded by Mr. Golombek, the Council adjourned at 12:13 P.M. GERALD A. CHWALINSKI CITY CLERK