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HomeMy WebLinkAbout06-0124 No.2 COMMON COUNCIL PROCEEDINGS OF THE CITY OF BUFFALO JANUARY 24, 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 DOMINIC J. BONIFACIO Jr. - NIAGARA 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, Marc A. Coppola,- Members. LEGISLATION COMMITTEE: Richard A. Fontana, Chairman, Dominic J. Bonifacio Jr., Marc A. Coppola, Bonnie E. Russell - Members RULES COMMITTEE: David A. Franczyk, Chairman Marc A. Coppola, Bonnie E. Russell - Members SPECIAL COMMITTEES BUDGET COMMITTEE:Dominic J. Bonifacio, Jr., Chairman, Marc A. Coppola, 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 FROM THE MAYOR NO. 1 OUT OF TOWN 1/23/06 I, Bryon W. Brown, Mayor of the City of Buffalo, pursuant to Section 4-4 of the City of Buffalo Charter, I hereby designate Richard Tobe, Commissioner of Inspections, Permits and Economic Development, to perform the Mayor's duties only for Monday, January 23, 2006. Pursuant to Section 4-4 of the City of Buffalo Charter, Mayor Byron W. Brown hereby designates Richard Tobe, Commissioner of Inspection, Permits and Economic Development, to perform the Mayor's duties only for Monday January 23, 2006. RECEIVED AND FILED NO. 2 DECLARATION OF NEED I, Byron W. Brown, Mayor of the City of Buffalo (the "City"), a municipal corporation of the State of New York, acting pursuant to §3861(3) of the Public Authorities Law, added by Chapter 122 of the Laws of 2003 (the "Act"), and further pursuant to the Financing Agreement dated as of June 1, 2004 between the Buffalo Fiscal Stability Authority, a public benefit corporation of the State of New York (the "Authority") and the City (the "Agreement"), to which Agreement this Exhibit is hereby or shall be incorporated, HEREBY DETERMINE AND CERTIFY as follows: 1. A Declaration of Need, as defined in the Act, is hereby determined to exist. The amounts of the Financeable Costs hereby requested to be undertaken is set forth on Appendix I hereto, which Appendix I is incorporated herein as an integral part of this Declaration of Need. As shown by Appendix I, in the Authority's financing for the City, in connection with the City's fiscal years 2006 and 2007, the City requires an amount not to exceed $35,000,000.00 in Authority new money financing of certain authorized capital costs, incidental cost and costs of issuance. 2. The City represents and affirms that the foregoing financing of Financeable Costs by the Authority is authorized by the Act and is consistent with the current adopted City budget and the most recent four-year financial plan submitted to or certified by the Authority in conformance with the Act and that such Financeable Costs meet the requirements of Section 4.01(G) of the Agreement. 3. The City reaffirms the provisions of the Agreement, including but not limited to each of the covenants, agreements and indemnities therein and agrees herein to provide prompt notice of any fact or circumstances which would with the passage of time or otherwise give rise to any violation or contravention of the terms of this Declaration of Need, the Agreement or any financial plan submitted to or approved by the Authority. 4. Pursuant to the Act, the financing plan reflected in this Declaration of Need and the Agreement, the Authority is hereby requested to finance, in whole or in part, the Financeable Costs set forth in Appendix I hereto, including the City capital projects as may be designated in the City's capital budget, if any, as in effect from time to time. In no event shall the amount of such financing in any fiscal year exceed the amount of the Declaration of Need for such year, as it may be amended from time to time by an amended Declaration of Need. 5. The Authority is also requested to consult with the City with respect to the timing and amount of Authority bond issues so that Authority and any City financings may be coordinated. As more fully provided for in the Agreement, bonds of the Authority shall be issued when the Authority determines in its sole discretion such issuance to be appropriate. If applicable, the City will promptly inform the Authority of a schedule for reimbursement of the City for any capital costs incurred by the City. 6. The City reaffirms its agreement to apply the proceeds of the Authority's financings in a manner consistent with its adopted budget and four-year financial plan and to conform to the requirements of each related Arbitrage and Use of Proceeds Certificate. 7. The City understands and agrees to provide the Authority with any supporting data, descriptions or materials which the Authority requests in connection with any Financeable Costs referred to in this Declaration of Need. All terms in this Declaration of Need not otherwise defined herein shall have the meanings set forth in the Agreement. IN WITNESS WHEREOF, I have set my hand this 25th day of January, 2006. Appendix I to City of Buffalo Declaration of Need Submitted to the Buffalo Fiscal Stability Authority on January 25, 2006 Components of Financeable Costs Requested to be Financed Amount Requested from Authority City capital projects, incidental costs and costs of issuance Mr. Bonifacio moved: That the above communication from the Mayor dated January 24, 2006, be received and filed; and That upon the request of the Mayor pursuant to Section 3861 of the Public Authorities Law, the Common Council does hereby authorize the Mayor to request the Buffalo Fiscal Stability Authority to undertake a refunding of all or a portion of the City's outstanding debt in an amount not to exceed $35,000,000 as stated in the Declaration of Need. PASSED AYES - 9 NOES - 0 NO. 3 APPOINT PETER K. CUTLER DIRECTOR OF COMMUNICATIONS AND INTERGOVERNMENTAL RELATIONS Pursuant to Article 6,section 6-16 of the Charter of the City of Buffalo, we hereby appoint Peter K. Cutler, 41 Highland Avenue, Buffalo, NY 14222 to the position of Director of Communications and Intergovernmental Relations for Mayor Byron W. Brown. Since the beginning of his professional career at ABC-News in 1980, Peter Cutler has worked in a variety of communications, public relations and public affairs positions in the private and public sectors. A staff member to former Governor Mario Cuomo and Mayor Anthony Masiello, Peter also served as Director of Communications to the Albany County Airport Authority during its four-year, $300 million modernization program and, most recently, was Senior Public Affairs Counselor with Travers Collins & Company. Peter has a B.A. in History from Lake Forest College (Illinois). RECEIVED AND FILED FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE DIVISION OF CITIZEN SERVICES NO. 4 BUFFALO WEED AND SEED PROGRAM YEAR IV SUPPLEMENTAL FUNDS This is to advise the Honorable Common Council the funds for Year IV of the Buffalo Weed and Seed Program, in the amount of $100,000 this is a supplement to our existing grants), has been awarded to the City of Buffalo. The City of Buffalo's Weed and Seed strategy will continue to be a catalyst for unprecedented communication and collaboration that will continue to improve the quality of life for thousands of families in both the East Side Site (parts of Masten, Ellicott, Fillmore, and University Districts and Police District "C" and "E") and the West Side Site (parts of Niagara, Ellicott, Fillmore Districts and Police Districts "B" and "D"). Weed and Seed has been tremendously successful in identifying community assets and capitalizing on those resources to more effectively serve City neighborhoods most in need. The elements of this coordinated Weed and Seed Program will include law enforcement/interaction with the community, prevention, intervention and treatment and neighborhood restoration. The focus of the five elements will be to weed out factors contributing to socio-economic distress and seed activities to contribute to the growth of a healthy, revitalized and sustainable neighborhood. In its fourth year, the program will operate its highly successful gun abatement program, address mutual concerns through special initiative determined by the police and the community, work more closely with block clubs, and Safe Haven sites. Year IV will work closely with the Weed and Seed will work diligently to implement specific neighborhood driven initiatives, youth programming, and further block club development. An interfund cash loan is no longer be available for this grant. Money will be drawn down as expenses are incurred and invoices will be paid, as the funds become available. These funds will be used to conform to the guidelines of the grant and as previously approved by the Honorable Body for Year I, Year II and Year III. RECEIVED AND FILED NO. 5 MONTHLY REPORT- DIVISION OF CITIZEN CITIZEN SERVICES- DECEMBER, 2005 Dear Members of the Buffalo Common Council: Attached for your review is the following: (1) Chart of Service Calls for December, 2005, (2) Chart of Service Calls for December, 2004- for comparative purposes, and (3) Chart of "Open" calls for November, 2005, as of January 1, 2006. Service requests for December, 2005 were down by 814 to 1,877,as of December 1, 2005, however, service requests for December 2005,were almost the same number, as in December 2004, (1,877 to 1,885). In comparing the service requests for 2005 to November 2005, ten of the fifteen categories saw drops in service requests, and the other five categories had minor increases, with the exception of adjudication, which increased from 103 to 141. This increase was primarily due to unshoveled sidewalk complaints in December. As of January 1, 2006, 68% of the service requests from November 2005 were responded to, with the following categories having over 50% of the requests still unresolved: Broken Totes, Stolen Totes, Tote Change Requests, Adjudication, Infrastructure, and Police Requests. RECEIVED AND FILED FROM THE OFFICE OF STRATEGIC PLANNING NO. 6 CITY EMPLOYEES OR RELATIVE(S) OF CITY EMPLOYEE RECEIVING REHAB. LOAN OR [ NEW HOUSING LOANS Luz Rivera-Coloma 98 Seventeenth Street Buffalo NY Ms. Rivera-Coloma is employed by the NHS of South Buffalo, Inc. Raymond Moss 160 Wende Street Buffalo NY Sister-in-Law, Connie Moss, is employed by the Board of Education as a Supervisor. Joanne Eddy 80 Good Ave, Buffalo NY Daughter-in-Law, Melissa Eddy, is a Loan Processor for the Belmont Shelter Corp. Janice Fletcher 42 Ericson St. Buffalo NY Janice Fletcher is employed by Fillmore Leroy Area Residents as a Shift Manager. Theresa Brundo 103 Humason St. Buffalo NY Husband, James Brundo, is employed as a Construction Laborer for the Buffalo Sewer Authority. Joseph & Yvonne Bottoms 89 Schreck Ave. Buffalo NY Yvonne Bottoms is employed by the Board of Education as a Teacher's Aide Frank & Martha Skrabacz 146 Orlando Street Buffalo NY Son Thomas, is employed by the City of Buffalo Fire Dept. Son Robert, is employed by the City of Buffalo Police Dept. Jules & Crystal Stover 85 Weber Street Buffalo NY Jules is employed by the City of Buffalo Sanitation Dept as a Laborer. Fannie Collins 168 Glenwood Avenue Buffalo NY Son, Arthur Collins, is employed by the City of Buffalo Police Dept. as a Police Officer. Samuel Fanara 75 Edge Park Buffalo NY Samuel Fanara is employed by the Buffalo Urban Renewal Agency, Office of Strategic Planning as a Fiscal Resource Liasion. RECEIVED AND FILED NO. 7 537 E. DELAVAN/EPA REQUEST Your Honorable Body has requested comments regarding United State's regards to this property. Because the property is privately owned, we appreciate the EPA's offer to come on to the site and perform a Removal Site Evaluation. This is the first step necessary for EPA to determine if a Superfund Removal action is required. This office has provided all available information to the EPA with regard to this property to assist them in their assessment of this property. USEPA will then make a future determination as to whether they can provide assistance in the demolition of this building if such demolition is required to satisfactorily address the environmental condition REFERRED TO THE COMMITTEE ON LEGISLATION NO. 8 THE MASSACHUSETTS AVENUE PROJECT (A.K.A WELLNESS INSTITUTE OF GREATER BUFFALO AND WESTERN NEW YORK, INC. REQUEST TO LEASE 271 GRANT- NORTHWEST LIBRARY NIAGARA DISTRICT The Office of Strategic Planning, Division of Real Estate, has received a request from the Massachusetts Avenue Project (a.k.a. Wellness Institute of Greater Buffalo and Western New York, Inc.) to lease the above captioned property. The Massachusetts Avenue Project was leasing a City They are requesting that this lease be for a three (3) year term commencing January 1, 2006 through December 31, 2008. The Massachusetts Avenue Project has requested that all other lease terms remain the same as their last lease, which shall include but not limited to: 1. The annual rental shall be One Dollar ($1.00), which shall include the cost of utilities. 2. Tenant will be responsible for the garbage user fee. 3. Tenant will be responsible for all minor interior and exterior maintenance and minor repairs to the leased premises. 4. Tenant will provide adequate liability insurance, type and amount to be determined by the Corporation Counsel, City of Buffalo. 5. Either party may have the option to cancel this lease upon a 30 day written notice of said cancellation. 6. The Tenant shall not sublet, assign, or in any way encumber all or any of its rights under this leasehold without written approval of the City of Buffalo. I am recommending that Your Honorable Body approve the request of the Massachusetts Avenue Project to lease 271 Grant Street upon the above terms and conditions. I am further recommending that the Corporation Counsel prepare the necessary lease agreement and that the Mayor be authorized to execute the same. Mr. Bonifacio moved: That the above communication from the Office of Strategic Planning dated January 10, 2006, be received and filed; and That the Director of Real Estate be, and he hereby is authorized to enter into a lease between the City and Massachusetts Avenue Project (a/k/a Wellness Institute of Greater Buffalo and Western New York Inc.), for use of 271 Grant Street - Northwest Library for a three (3) year term commencing on January 1, 2006 and expiring December 31, 2008, upon the above terms and conditions. That the Corporation Counsel be authorized to prepare the necessary lease and that the Mayor be authorized to execute the same. PASSED AYES - 9 NOES - 0 NO. 9 RESULTS OF NEGOTIATIONS 2337 BAILEY, 85' N NAVEL VACANT LOT: 30' X 115' ASSESSED VALUATION: LAND $ 6,900 (LOVEJOY DISTRICT) The Office of Strategic Planning, Division of Real Estate, has received a request to purchase 2337 Bailey from Mr. James Dingeldey, 1446 Schoellkopf Road, Lakeview, New York 14085. Mr. Dingeldey owns and operates a used car business located at 2329 Bailey. He also owns the adjoining vacant lot at 2333 Bailey and intends to use the commercial lot 2337 Bailey for business expansion and parking. The Division of Permits and Licenses 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 commercial lots in the subject area. Sales prices range from one dollar (1.00) to two dollars ($2.00) per square foot. The results of our negotiations are that we have have agreed to a sales price of three thousand five hundred ($3,500), one dollar ($1.00) per square foot, for the subject property. Mr. Dingeldey has also agreed to pay for the cost of the transfer tax, recording fees and cost of the legal description. I am recommending that Your Honorable Body approve the sale of 2337 Bailey in the amount of three thousand five hundred dollars ($3,500) to Mr. James Dingeldey. 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 January 18, 2006, be received and filed; and That the offer from Mr. James Dingeldey, residing at 1446 Schoellkopf Road, Lakeview, in the sum of three thousand and five hundred dollars ($3,500.00) for the purchase of 2337 Bailey, 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 - 9 NOES - 0 NO. 10 RESULTS OF NEGOTIATIONS 279 EFNER, 242.01' SE HUDSON LOT SIZE: 25' X 100' ASSESSED VALUATION: $1,800 (ELLICOTT DISTRICT) The Office of Strategic Planning, Division of Real Estate has received a request to purchase 279 Efner from Mr. Carlos A. Alvarado, 277 Efner, Buffalo, New York 14201 Mr. Alvardo owns and resides at 277 Effner and intends to use the vacant lot for additional green space. The Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City by the purchaser. The Division of Real Estate has investigated the sale of similar residential lots in the subject area. Sales prices range from fifty cents (.50) to ninety-five cents (.95) per square foot. The results of our negotiations are that we have agreed to a sales price of one thousand eight hundred dollars ($1,800), seventy-two cents (.72) per square foot, for the subject property. Mr. Alvarado has also agreed to pay for the cost of the transfer tax, recording fees and cost of the legal description. I am recommending that Your Honorable Body approve the sale of 279 Efner in the amount of one thousand eight hundred dollars ($1,800) to Mr. Carlos Alvarado. 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 January 18, 2006, be received and filed; and That the offer from Mr. Carlos A. Alvarado, residing at 277 Efner, in the sum of one thousand and eight hundred dollars ($1,800.00) for the purchase of 279 Efner, 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 - 9 NOES - 0 NO. 11 RESULTS OF NEGOTIATIONS 36 SCHUELE, 300' S SCAJAQUADA LOT SIZE: 30' X 140' ASSESSED VALUATION: $2,900 The Office of Strategic Planning, Division of Real Estate has received a request to purchase 36 Schuele from Mr. Annoise Jennings, 34 Schuele, Buffalo, New York 14215. Mr. Jennings owns and resides at 34 Schuele and intends to use the vacant lot 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 by the purchaser. The Division of Real Estate has investigated the sale of similar residential vacant lots in the subject area. Sales prices range from forty cents (.40) to seventy cents (.70) per square foot. The results of our negotiations are that we have agreed to a sales price of one thousand seven hundred dollars ($1,700), forty cents (.40) per square foot, for the subject property. Mr. Jennings has also agreed to pay for the cost of the transfer tax, recording fees and cost of the legal description. I am recommending that Your Honorable Body approve the sale of 36 Schuele in the amount of one thousand seven dollars ($1,700) to Mr. Annoise Jennings. 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 January 18, 2006, be received and filed; and That the offer from Mr. Annoise Jennings, residing at 34 Schuele, in the sum of one thousand and seven hundred dollars ($1,700.00) for the purchase of 36 Schuele, 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 - 9 NOES - 0 NO. 12 RESULTS OF NEGOTIATIONS VARIOUS CITY LOTS A.D. PRICE HOUSING DEVELOPMENT The Office of Strategic Planning, Division of Real Estate has received a request from Norstar Development, to acquire twenty-five (25) city-owned vacant lots. The lots are identified on the attached exhibit A, lots 10 through 35. The lots will be used to construct forty-eight (48) rental units for the A.D. Price Redevelopment Project, Phase I1. Existing A.D. Price extension residents will be relocated to these new units when completed. The housing project as proposed by Norstar for the benefit of low to moderate income residents would be eligible for a P.I.L.O.T. pursuant to the City of Buffalo P.I.L.O.T. Policy. Please note that lot number 32 is currently owned by the Buffalo Neighborhood Revitalization (BNRC). The Office of Strategic Planning will be assisting BNRC with the sale of this property. BNRC will transfer title to the City of Buffalo in the amount of Eleven Thousand Five Hundred Dollars ($11,500.), to be paid by Norstar. BNRC will receive the balance of any sale proceeds from the sale of this parcel. 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 by the purchaser. The Division of Real Estate has investigated the sale of similar residential properties in the subject area. Sales prices range from fifty cents (.50) to cents ($1.00) per square foot. The results of our negotiations are as follows: Norstar Development, USA, L.P., or a to-be-formed limited partnership or housing development fund corporation will acquire the twenty-five (25) lots, identified as lots 10 through 35 (attached), in the amount of Seventy Seven Thousand Three Hundred Dollars ($77,300), or Seventy-Five Cents (.75) per square foot. Purchaser has also agreed to pay for the cost of the transfer tax, recording fees and cost of the legal descriptions. The City of Buffalo will not provide searches or surveys. 3. The purchase is contingent upon a successful environmental and title review. In the event any parcel is deemed unsatisfactory for purchase, the City will substitute a parcel of equal value, owned by the City of Buffalo, in the project area. I am recommending that Your Honorable Body: a) approve the transfer of 514 Jefferson Avenue from BNRC to the City of Buffalo b) approve the sale and transfer of the parcels 10 to 34 on exhibit A upon terms and conditions stated above, c) authorize the Corporation Counsel to prepare the required P.I.L.O.T. Resolution to be approved by the Common Council. I am further recommending that the Executive Director of Strategic Planning and 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. 13 SEQR LEAD AGENCY DESIGNATION OAK ST. URBAN RENEWAL PLAN AMENDMENT Please be advised, prior to the implementation of the above-referenced project, the requirements of the New York State Environmental Quality Review Act (SEQR) must be satisfied. The project, as defined under SEQR, is a TyPe I Action for which a coordinated review will be completed. As per Section 617.6 of the regulations, a Lead Agency responsible for determining the effect of the action on the environment must be designated from among the involved agencies within 30 calendar days of the date of this letter. The Buffalo Urban Renewal Agency (B.U.R.A.) proposes to assume Lead Agency status for this project and respectfully requests your consent to this designation. The project Environmental Assessment Form is enclosed for your review. If the Buffalo Common Council has no objection to the designation of BURA as Lead Agency, please sign this letter and return it to me at the Office of Strategic Planning, Room 920 City Hall. The Buffalo Common Council accepts and approves of the designation of the Buffalo Urban Renewal Agency as Lead Agency for the above-referenced project. Mr. Bonifacio moved: That the above communication from the Board of Parking, dated January 19, 2006, be received and filed; and That pursuant to 6 NYCRR Part 617, the Buffalo Urban Renewal Agency is hereby designated Lead Agency for the Oak Street Urban Renewal Plan Amendment. PASSED AYES - 9 NOES - 0 FROM THE COMPTROLLER No. 14 Certificate of Necessity Increased Appropriation Fire Department We, Byron W. Brown, Mayor and Andrew A. SanFilippo, Comptroller, do hereby certify, pursuant to §20-11 of the Charter, that an increase in the sum of $350,000 in the estimate for the fiscal year beginning January 1, 2005 is necessary in the Fire Department EMS Function to meet a contingency which could not have been reasonably foreseen when the budget was adopted. The increase is needed for the funding of the EMS Function in the Fire Department. The amount of increased appropriations will be met from the Franchise Fee EMS revenue, not otherwise appropriated for any other purpose. The details of the requirements are set forth below: From: That, the Comptroller be and hereby is authorized and directed to increase the revenue estimate of account: 10214205-321304 Franchise fee EMS $335,000.00 10654205-321304 Franchise Fee EMS $ 15,000.00 Total $350,000.00 To meet the increased appropriation as set forth below: 12142001 - 411001 Salary $100,007.86 12142001 -413002 Holiday $ 2,938.93 12142001-414001 Longevity $ 1,875.00 12142001 - 414007 Perfect Attendance $ 2,884.54 12142001 - 414002 Educational Incentive $ 700.00 12142001 - 415002 Clothing Allowance $ 300.00 12142004 - 458001 Travel Expense $ 4,000.00 12142004 -458003 EMS Online Education $ 37,500.00 12142004 - 458003 Memberships $ 1,000.00 12142005 - 464000 Publications $ 10,000.00 12142005 -461002 Office Supplies $ 200.00 12142005 -461300 Medical Supplies $ 5,000.00 12142006 - 432002 Blood Pressure Testing $ 15,000.00 12142006 - 480000 Licensing Fees $ 15,000.00 12142007 - 474100 Computers $ 42,000.00 12142007 - 474100 Automatic Ext Defibrillator $ 62,693.37 12142007 - 474100 Office Equipment & Furniture $ 1,900.00 12142007 - 474200 EMS Supervisor Vehicle $ 47,000.00 Total $350,000.00 RECEIVED AND FILED NO. 15 Certificate of Necessity Transfer of Funds Common Council - Legislative We, Byron W. Brown, Mayor and Andrew A. SanFilippo, Comptroller, do hereby certify, pursuant to §20-12 of the Charter, that it is necessary that the sum of $2,500 be transferred and reappropriated within Common Council Legislative, as set forth below: From 1010500–411001 $2,500.00 To 10111001-411001 $2,500.00 RECEIVED AND FILED NO. 16 Certificate of Necessity Transfer of Funds Common Council- Legislative We, Byron W. Brown, Mayor and Andrew A. SanFilippo, Comptroller, do hereby certify, pursuant to §20-12 of the Charter, that it is necessary that the sum of $5,000 be transferred and reappropriated within Common Council Legislative, as set forth below: From 10105001 – 411001 $5,000.00 To 10102001 – 412002 $5,000.00 RECEIVED AND FILED NO. 17 "Create Trust and Agency Account" Res 117 CCP 12/27/05 Your Honorable Body has requested that a Trust AND Agency Fund be established to receive fines from persons convicted of graffiti-related crimes in the City of Buffalo. The funds collected are to be used to provide community volunteers with educational materials to help them understand the negative effects of graffiti and to aid in the abatement of graffiti. Generally accepted accounting principals require that the General Fund be used to account for all financial resources except those required to be accounted for in another fund. The guidelines further define fiduciary funds (trust and agency funds) to report assets held in a trustee or agency capacity for others. Since there are no external requirements (from a non-city agency) directing the use of these funds, and the intent of the resolution is for the City to determine and direct the use of these funds, this activity should be accounted for in the General Fund. If a separate reporting of these expenditures is necessary, the Division of Accounting can establish a project identification Add $ 3,082.OO number or a separate function in the General Fund. My office will work with the Departments of Public Works and Administration and Finance to establish the appropriate accounts in the General Fund to record this activity. REFERRED TO THE COMMITTEE ON FINANCE FROM THE COMMISSIONER OF ASSESSMENT AND TAXATION NO. 18 Certificate of Appointment Appointment Effective: January 30, 2006 in the Department of Assessment and Taxation to the Position of Account Clerk Typist Temporary Appointment Intermediate Starting Salary of: $28,506 Charmaine D Fagan 39 Wilkes Ave Buffalo, NY 14215 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF PUBLIC WORKS NO. 19 Change in Contract Delavan Fillmore Fire Station Construction Job #0433 Masten District I hereby submit to Your Honorable Body the following changes for the Delavan Fillmore Fire Station, Construction, General Construction, Picone Construction Corp., C #92010963. 1. Proposal #28A - Furnish and install Vexcon Chemicals "Moisturebloc" at slab-on-grade floor areas scheduled to receive rubber sports flooring and linoleum. The foregoing change results in a net increase in the contract of Three Thousand Eighty Two and 00/100 Dollars ($3,082.00). SUMMARY Current Contract Amount $1,480,287.90 Amount of This Change Order (#4) $ 3,O82.OO Revised Contract Amount $1,483,369.90 Costs have been reviewed by the Consulting Architect (Foit Albert Associates) and the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in 30062206 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 January 6, 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. 4, to Picone Construction Corp., Inc., an increase in the amount of $3,082.00, as more fully described in the above communication, for work relating to Job No. 0433, Delavan Fillmore Fire Station, C #92010963. Funds for this project are available in 30062206 445100 - Division of Buildings. PASSED AYES – 9 NOES – 0 NO. 20 Change in Contract Elmwood Hereto Fire Station Construction Job #0436 North District I hereby submit to Your Honorable Body the following changes for the Elmwood Hereto Fire Station, Construction, General Construction, Concept Construction Corp., C #92010961. 1. Quote #14 - Provide and install (2) 4" conduits from the building to a Verizon manhole located across Hereto Avenue. Add $ 17,679.00 The foregoing change results in a net increase in the contract of Seventeen Thousand Six Hundred Seventy Nine and 00/100 Dollars ($17,679.00). SUMMARY Current Contract Amount $1,870,719.00 Amount of This Change Order (#8) $ 17,679.00 Revised Contract Amount $1,888,398.00 Costs have been reviewed by the Consulting Architect (Carmina & Wood, P.C.) and the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in 30062306 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 January 6, 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. 8, to Concept Construction Corp., Inc., an increase in the amount of $17,679.00, as more fully described in the above communication, for work relating to Job No. 0436, Elmwood Hertel Fire Station, C #92010961. Funds for this project are available in 30062306 445100 - Division of Buildings. PASSED AYES – 8 NOES – 1 AYES – BONIFACIO, COPPOLA, DAVIS, FONTANA, FRANCZYK, KEARNS, RUSSELL AND THOMPSON NOES - GOLOMBEK NO. 21 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, Inc., C #92010831. 1. RFI #189 - Costs required to extend power in Closet 106 using wiremold for availability for use in Service Area 108. Add $ 227.43 The foregoing change results in a net increase in the contract of Two Hundred Twenty Seven and 43/100 Dollars ($227.43). SUMMARY Current Contract Amount $543,700.87 Amount of This Change Order (#19) $ 227.43 Revised Contract Amount $543,928.30 Costs have been reviewed by the Consulting Architect (Robert Traynham Coles, PC, Architect) 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 January 9, 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. 19, to Tunney Electric, Inc., an increase in the amount of $227.43, 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 – 9 NOES – 0 NO. 22 D & K MANKO – 2006 CITY WIDE TREE - BID Item No. 52, C.C.P. 01/10/06 The referenced item was sent to the department for comment. Manko Construction Services was not denied the ability to bid our 2006 Citywide Tree contract. Manko wanted this department to waive certain bid requirements that we do not the authority to waive. They requested permission to substitute a cashier's check for a bid bond, and then wanted to reduce the amount of the security to below 10%. City Ordinances, and New York State Municipal Law requires bidders to post a bid bond in the amount of 10% of any bid over $250,000. A cashier s check is only allowed if the bid is under $250,000. There are no provisions that allow the Department to waive these requirements. The bidding of this contract was advertised in accordance with City and State bidding requirements. Manko had sufficient time to acquire a bid bond and to submit his bid timely. Bids were due by 11:00 a.m. on December 22, 2005. The advertisement for bids, and the contract documents clearly state that no bids will be accepted after that time. The bid that was received was well within our estimate for the project, and we saw no reason to rebid, and needlessly delay this very important project. The Common Council approved this bid in Item #10, C.C.P. 12/27/05. REFERRED TO THE COMMITTEE ON FINANCE NO. 23 CERTIFICATE OF APPOINTMENT Appointment Effective January 10, 2006 in the Department of Public Works, Parks & Streets Division of Streets to the position of Electrician Permanent Competitive Intermediate at the starting Salary $29,096 John Leverett 166 ½ Potomac Ave Buffalo, NY 14213 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF POLICE NO. 24 Certificate of Appointment Appointment Effective: January 9, 2006 in the Department of: Police Division of: Patrol to the Position of: Police Lieutenant Contingent Permanent Promotion at the Flat Starting Salary of $66,315.00 Kenneth Szyszkowski 775 Main St Apt 413 Buffalo, NY 14203 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF FIRE NO. 25 Appoint Michael S Lombardo Commissioner of Fire Pursuant to Article 14, Section 14-2 of the Charter of the City of Buffalo, I hereby appoint Michael S. Lombardo, 447 Duttcn Dr. Lewiston, NY 14092 to the position of Commissioner of Fire. I have forwarded a three month residency waiver request to Commissioner Matarese to allow Mr. Lombardo time to establish City of Buffalo residency. A 22-year veteran of the Buffalo Fire Department, Michael Lombardo has earned a reputation as a "fire fighter's fire fighter" and is acknowledged as one of the nation's leading authorities on fire operations. Awarded 13 medals for heroism, Lombardo, currently a Captain in the Department and an acting Battalion Chief in the 3rd Battalion, has taught and consulted on operations issues as a national fire service trainer in fire departments across the United States and Canada. As the current Captain of the Department's Rescue Company 1, Lombardo responds to all fires, haz-mat calls and technical rescues in the city. I certify that Mr. Michael' S. Lombardo is highly qualified for appointment to this position and I am certain that he will perform admirably. I urge this Honorable Body to confirm Mr. Lombardo as the Commissioner of Fire at its earliest opportunity. Mr. Bonifacio moved: That the above communication from the Mayor dated January 10, 2006, be received and filed; and That the appointment of Michael S. Lombardo, residing at 447 Dutton Drive, Lewiston as Commissioner of Fire, be and it hereby is approved. Passed AYES – 9 NOES – 0 FROM THE CORPORATION COUNSEL NO. 26 Demolition By Neglect Prior Council Reference: Item #129, C.C.P. 04/19/05 I am in receipt of the above-referenced Common Council Communication. This office provided a copy of the City of Albany's demolition ordinance to Council President Franczyk, which deals with the issue of demolition by neglect in historic districts. A similar Ordinance could be incorporated into the Buffalo Code. Attached please find a copy of the Albany Ordinance. It is my understanding that the Ordinance is currently under review by the Buffalo Preservation Board. Please advise this office when that review is complete, and whether or not the ordinance amendment should be prepared. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 27 Licensing of Property Managers Prior Council Reference: Item #115, C.C.P. 11/1/05 I am in receipt of the above-referenced Common Council Communication. As per the request of your Honorable Body, I am providing information regarding the licensing of property managers m the City of Buffalo. Legally, the City could require property managers to first obtain licenses to conduct business in the City of Buffalo. However, this may cause an undue hardship on owners who may own a minimal number of properties. Currently, the Licenses Division mandates insurance and other requirements that may be cost prohibitive for some owners. If the Council decides to require licenses for property managers, I would recommend limiting that requirement to those property owners who rent a certain number of units. The Rental Registration Ordinance was enacted to help keep track of landlords, and would hopefully fill the gap between the landlords who own very few properties, and those owners who own several properties and require a licensed property manager. REFERRED TO THE COMMITTEE ON LEGISLATION FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT & INSPECTION SERVICES NO. 28 Food Store License 1538 Fillmore (Masten) Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 1538 Fillmore and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collections Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Mr. Bonifacio Moved: That the food store license application for 1538 Fillmore is hereby approved. PASSED AYES – 9 NOES – 0 NO. 29 New York Power Authority The New York Power Authority's License to operate the Niagara Power Project ("Project") will expire on August 31, 2007. The Power Authority has filed an application with the Federal Energy Regulatory Commission seeking a 50 year New licensing a hydropower project, FERC must ensure, among other things that the Project, as adopted, will be best adapted to a comprehensive plan for improving or developing a waterway. In addition to the power and developmental purposes for which licenses are issued (i.e. flood control, irrigation, power supply) FERC must give equal consideration to the purposes of energy conservation, the protection, mitigation of, and damage to all aspects of environmental quality. In order for FERC to determine what the environmental impacts are of this specific project, NYPA has prepared an environmental assessment which is designed to assess the economic and environmental impacts of operating the Niagara Power Project as NYPA proposes. In December 2005, the City of Buffalo filed a Motion to Intervene with the Federal Energy Regulatory Commission contending that NYPA failed to adequately review the impacts of their Project, in particular, the City contends that NYPA failed to study the economic and environmental impacts of the ice boom on the City of Buffalo. NYPA, in consideration of the City withdrawing their objection to the issuance of the License, has offered the following in settlement: i. Commencing with a new 50 year federal license for the Niagara Power Project, in September 2007, NYPA will contribute $2,000,000 annually (for 50 years) to a Greenway Fund to finance projects selected by a committee comprised of the City, the County , NYPA and Buffalo Olmsted Parks to implement the Niagara River Greenway Master Plan. 2. Commencing with a new federal license, NYPA will contribute an annual payment (for 50 years) totaling at least $2,500,000 to establish a Buffalo Waterfront Development fund. Each annual payment will consist of a) $i,000,000 and 2) a contribution in an amount equal to the net value of 5 megawatts of power. 3. NYPA will also contribute $2,000,000 in 2006 and $2,000,000 in 2007 to theErie Canal Harbor Development Corporation for the purposes of an Erie Canal Museum. 4. $i,000,000 annually (for 50 years), commencing upon the receipt of a new license, from the Empire State Development Corporation to the Erie Canal Harbor Development Corporation. NYPA will also commit to undertaking a study for the relocation of the ice boom which is currently stored on 14 acres of waterfront property adjacent to the Times Beach preserve. Upon relocation of the ice boom, NYPA will commit to transferring title to the property to the Erie Canal Harbor Development Corporation. REFERRED TO THE SPECIAL COMMITTEE ON WATERFRONT DEVELOPMENT, CORPORATION COUNCIL AND COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS FROM THE COMMISSIONER OF ADMINISTRATION, FINANCE & URBAN AFFAIRS NO.30 APPOINT PETER SAVAGE, DIRECTOR URBAN AFFAIRS Pursuant to the City Charter, Article 10, Section 10-7, I hereby appoint Mr. Peter Savage to the position of Director of Urban Affairs. Mr. Savage has served as a Special Assistant to the Mayor for the past ten years. Prior to that time, Mr. Savage served as the Chief of Staff to the Common Council for two years, after 12 years as a Legislative Assistant - six years with Council Member LoVallo and six years in the central staff. Mr. Savage's extensive knowledge of City government and its policies and procedures make him the ideal candidate for this newly created position. Mr. Savage will be responsible for coordinating grant applications among the various departments and reviewing departmental operations for the purpose of identifying services that may be improved. Mr. Savage will conduct research on best practices employed by other municipalities and governments and work to incorporate new efficiencies into our operations. I certify that Mr. Peter Savage is highly qualified for appointment to this position and I am certain that he will perform admirably in this new role. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE DIRECTOR OF COLLECTIONS FROM THE COMMISSIONER OF COMMUNITY SERVICES NO. 31 SECOND QUARTERLY REPORT 2005-2006 BEGINNING OCTOBER I, 2005 ON THE DIVISION OF SUBSTANCE ABUSE SERVICES Attached, please find the Second Quarterly Report 2005-2006 beginning October 1,2005 on the Division of Substance Abuse Services. REFERRED TO THE COMMITTEE ON BUDGET Dear Mayor Brown and Common Council Members: I am pleased to report to the Office of the Mayor and the Buffalo Common Council, the progress of the City Of Buffalo Division of Substance Abuse Services during the second quarter of this fiscal year. DSAS continues to remain on target with the proposed projections for the program. The following is a review of the progress of the Division of Substance Abuse Services' efforts to remain self-sufficient. DSAS SITE REPORT • As reported in previous reports, the City of Buffalo Division of Substance Abuse Services is operating three full time New York State licensed clinics. • The Elmwood Counseling Clinic located at 191 North Street. • Fillmore-Leroy Counseling Clinic located at 60 Central Park Plaza. • Genesee-Moselle Counseling Clinic located at 1532 Genesee Street. The Division has relocated its Medical Unit and the Administrative Offices to 191 North Street. New York State OASAS and the New York State Department of Health has approved the site. The move will increase the amount of revenue from the Private Sector, Physicals, and Urinalysis Screening contracts, as it will ensure more confidentiality. The Division of Substance Abuse Services has received $118,975.00 of the New York State OASAS grant for the first quarter. Thus far the Division has received $132,443.00. for the second quarter, giving the Division a total of $251,418.00 to date. The amount generated from client fees for the first quarter is in the sum of $3,778.00. In the second quarter we generated $5,622.00 giving us a total of $9,400.00 to date We generated $4,058.00 in physicals and urine screenings for the first quarter. In the second quarter, we generated $2,055.00 giving us a total of $6,113.00 to date. The first quarter the Division billed $229,875.00 in Medicaid reimbursements and the second quarter we billed $138,250.00 giving us a total of $368,125.00 to date CURRENT CLIENT CENSUS The census ending the second quarter is 252 active clients; the capacity is 300 clients. DSAS is consistently transitioning our program to better meet the needs of the clients that we serve by increasing the number of visits and group therapy sessions as well as applying the most recent innovative counseling techniques. We are constantly searching for the best practices being utilized in the field today. All Counselors are NYS Certified. CONCLUSION It is the City of Buffalo Division of Substance Abuse Services sincerest hopes that the Administration, the Common Council and the Control Board are pleased with the accomplishments of the City of Buffalo Division of Substance Abuse Services thus far for the 2005-2006 fiscal year. With the cooperation of the Administration, the Common Council, the Control Board and the Division staff, DSAS is continuing to remain a self-sufficient entity of the City of Buffalo. REFERRED TO THE COMMITTEE ON BUDGET NO. 32 APPOINT TANYA PERRIN-JOHNSON COMMISSIONER OF THE DEPARTMENT OF COMMUNITY SERVICES Pursuant to Article 16 section 16-2 of the Charter of the City of Buffalo, I hereby appoint Tanya Perrin-Johnson, 125 William Price Parkway Buffalo, NY 14214 to the position of Commissioner of the Department of Community Services. Ms. Perrin-Johnson, Chief Executive Officer of the YWCA of Western New York since 1998, possesses an exceptional track record and commitment to women's issues, as well as a reliable and experienced facilitator and trainer in leadership development, diversity and inclusion, capacity building, governance, managing change and achieving results. Tanya Perrin-Johnson is an accomplished professional with a wealth of experience in the development and delivery of health and human service programs. Johnson has managed a multi-million dollar organization, employing 250 plus individuals, serving over 12,000 women, children and families per year A graduate of Syracuse University (Bachelor of Science) and Master of Science (Education) degree holder from Canisius College, Ms. Perrin-Johnson has a distinguished career leading the YWCA, which provides services in 69 locations throughout three counties in Western New York (Erie, Niagara & Cattaraugus). Among her responsibilities as CEO of the YVVCA, Ms. Perrin-Johnson insured that the organization's programs and services were aligned and in concert with its mission and vision. I certify that Ms. Perrin-Johnson is highly qualified for appointment to this position and I am certain that she will perform admirably. I urge this Honorable Body to confirm Ms Perrin-Johnson as the Commissioner of the Department of Community Services at its earliest opportunity. REFERRED TO THE COMMITTEE ON LEGISLATION. FROM THE COMMISSIONER OF HUMAN RESOURCES NO. 33 CERTIFICATE OF APPOINTMENT Appointment Effective: January, 2006 3, 2006 in the Department of Human Resources, Division of Employee Relations to the Position of Secretary to Commission of Human Resources Exempt starting salary of $29,138 Heather Williams, 401 Forest Ave Buffalo, NY 14213 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE CITY CLERK NO. 34 MINUTES OF THE BOARD OF ETHICS 11/19/2005 Attached please find the minutes of the November 29, 2005 Board of Ethic meetings. City of Buffalo Board of Ethics Meeting November 29, 2005 Present: Douglas Coppola James Magavern Eleanor Paterson Sylvester Harold Ricbard Sullivan Patrick Sole, Jr. Michael Risman Guest Speaker: Raymond McGurn, Commissioner Permit & Inspections Item #1) Roll Call Item #2) Mr. Harold moved to accept the minutes of the September 20, 2005 meeting seconded by Mr. Coppola. All were in favor and the minutes were received and filed. Item #3) Mr. Coppola recognized Mr. McGurn, Commissioner of tile Department of Permit & Inspections. Mr. Coppola refreshed board members of the original complaint received regarding inspectors working during "off-time" and the fact that Mr. McGnrn requested board input as to the etbics of the situation. Mr. Coppola then asked Mr. McGurn to put on the record what his investigation revealed. * Mr. McGurn - O.K. We received a complaint through the Citizens Complaint Line regarding inspectors performing work on a property. It did turn out that it was a friend of a few inspectors that were doing some work on a particular street and apparently one of tile neighbors objected to that practice. After we received the complaint I called the Corporation Counsel, Michael Risman to get his input. Basically Mike suggested that maybe I should solicit this board for an interpretation because we could not find anything specifically, I've been in this department for 20 years, that really precluded such type of activity. I would like in it to a Police Officer doing work on his own time after hours. We do have an internal practice that if yon have any interest in a particular property be it a relative or something that needs to be inspected or you did perform some work on it that you would have to approach your chief and ask to be removed from the inspection of the property. We're certainly not going to condone someone doing work and then have the individual inspect his own work. So we don't really have anything formal and I'll be candid as long as I've been there I really haven't seen it being a problem. I don't remember any other complaints that were lodged about inspectors doing work and in this particular case I was familiar with two of them and I know for a fact, because I live in South Buffalo, I have never seen them doing any other work on the property. It was just kind of reciprocal they had helped him out on a particular project and they helped in return on this one. * Mr. Coppola - So there's no side business in South Buffalo for tile inspector to basically do work? * Mr. McGurn - Well, I wouldn't say, I wouldn't go that far. I would basically say that we have encouraged people that if your salary doesn't allow you to send you kids to college, if you need to do something else and you do have a trade (a carpenter, electrician, plumber, etc.) that you try to do it in West Seneca and other areas that really don't even require the license. It's a fine line between weather or not you need a license to perform the work or your helping someone out. You know, it's really not up to me to find out weather they're getting a pizza or they're getting some monetary compensation for it. It is a fine line, but we have had inspectors in the past that have been licensed. That for instance owned a fence company. He's not longer with us but he had a license for his fence company and that was his business. So we instructed him at the time that we certainly didn't want him during an occasion that he might visit a property to write anyone up for a fence. We really don't have a lot of those occasions but 1 wouldn't go as far as to say that everyone is held, has taken their tools and put them away. If someone needs a handyman type of situation I'm sure that has happened. I really don't do any of it but I'm sure in these cases, similar to Police or whatever, just to supplement their incomes that there probably is work being done. I would suggest that some of it is in the City. Mr. Coppola - Are the records segregated so that the inspections, if needed by law, to be performed on work that inspectors have done that its well documented and segregated in some way so that there is a paper trail of actual inspections being done by others in the department? How do you do that? • Mr. McGurn Yea, well that's all basically put in a computer under a particular inspector's name by address. So in this case, this was closed out by another inspector. None of the ones that were working on this particular property was reassigned that property and the sign off of the permit for that job was signed off by another inspector that was assigned by his Chief. • Mr. Coppola - And this is all verifiable through the records the department has? • Mr. McGurn-Yes • Mr. Coppola - And with respect to this particular complaint was there an investigation by yourself into the actual permit process, the obtaining of it and the final inspection and approval of the work to determine that .... • Mr. McGurn - It's the owner; the owner obtained the permit. Which is an acceptable practice. • Mr. Coppola - O.K. And then the inspection of the work after its completion is done by someone else? • Mr. McGurn- That is correct. • Mr. Coppola - And is this something which is not common place in terms of a business agreement ? That inspectors are you know, what percentage of the work would you say that you are doing that get involved in the actual inspectors having to inspect other inspectors work? • Mr. McGum - Inspectors that do work on the side? I mean for instance, what's a cabinetmaker? You know if yon were to come to him and you wanted kitchen cabinets but that's pretty much it, we don't require a permit for that work anymore. I'm just going office by office. There's five other employees in there and none of them that I know do work. In the new construction field, some of these guys are a little more talented and there's probably a few of them that will take a side job depending on, huh 1 mean certainly we don't encourage someone to take a side job such as putting an addition on a house. • Mr. Coppola- It would require multiple permits? • Mr. McGurn - Yes, exactly. • Mr. Coppola - But in terms of the actual business of the inspections that are being done after work is dune is this 5% of all of the inspections done actually involve inspection of inspectors work? Mr. McGurn - I would say 1% This is an isolated incident. Normally, to be candid with you probably most people that are having work done on their street are not opposed to who's doing it. It just improves their property value and whatever, so not very many people complain. I have never had a complaint that an inspector did work and it was substandard or you know that they were not satisfied, l haven't seen any to that nature which you normally get in the course of business with a licensed contractor. It's not like a ramped situation. I'm just saying to this board, I'm not going to suggest that no one does any work after hours. Mr. Sullivan - Commissioner, shouldn't you just have a policy that anybody in your office who's doing work on a job that requires a permit inform your office that they are doing it and what they are doing? That solves the problem doesn't it? Mr. McGurn - Yea, I think that solves it. Mr. Sullivan - Because I see the issue of someone going out and the guy in the next cubby hole inspecting the work of his buddy next door. Mrs. Paterson - Right? Mr. McGurn - But what quite often happens is that the inspector doesn't pull the permit. Mr. Sullivan - O.K., but it just seem to me it's relatively simple to me. A guy wants to be a cabinetmaker god love urn, he should be able to do that but if you have people in the inspectors office doing work that ultimately requires a permit issued by the building inspections office they should inform you of that. That's all, that solves the problem. Mr. Coppola - Yes, its just a matter of disclosure. Mr. McGurn - Yea, sure, yea Mr. Coppola - To maintain some type of log or record. Mr. McGurn Yea, that's simple enough. That makes sense. Mr. Coppola - Then you avoid the so-called appearance of what we're doing here and one hand washing the other. Mrs. Paterson - But what about the idea of inspecting itself? When you have your buddy, your office man inspecting your work? Mr. Sullivan - That's the reason you should, you should know that that's happening as the Commissioner. That's why you should have the policy. It solves the problems. Mr. Magavern - How many levels are there between you and the inspectors? ls there one, two who reports to you? Mr. McGurn - There's an Assistant Director, and a Chief Mr. Magavern - So there's a field inspector... Mr. McGurn - Has a Chief, and that Chief is responsible to the Assistant Director of Inspections. Mr. Coppola - And he's responsible to you? Mr. McGurn - That is correct. Mr. Magavern - What I'm thinking is that there probably in most cases ought to be a review and a sign off by someone pretty high up in the chain. Maybe the Commissioner? Mr. McGurn - So it's a matter of going to the Chief and saying looking Chief I was involved in this particular property hears tile permit I'd like this reassigned to someone else. If that's what, we will make that a policy. Mr. Coppola - And then if you take the next step that the actual inspection be done by someone in a supervisory level as opposed to a field level. Mr. McGurn - That's not a problem. Mr. Magavern The other thing is recommendations. As in code compliance situation which you do this as well right? If the resident asked "Who would you recommend I get to do tile work" do you have a policy for that? • Mr. McGurn - Yes, we refer them to the License Division that Pat used to run because we can't make recommendations. • Mr. Sole- They're also available on the City's Website. All licensed contractors. • Mr. Magavern - So you've got a standardized response in which basically your inspectors will decline to give recommendations? • Mr. McGurn - That's correct. We will refer them to the website or to the Licensing Department. • Mr. Coppola - O.K. any other questions, comments, suggestions, concerns? I think you've got the drift. You know, we don't have issue with what your response was or how this particular complaint was bandied. I think we have a more global concern about what we can do to ensure that the City and in this your department looks as good as it can to the public at large for the next issue that comes up and I think we accomplished that by formalizing the list of the work that is done by the inspectors and by having someone in a supervisory capacity sign off on the actual inspections themselves so there really can't be any questions. Thank you • Mr. McGurn- O.K., your welcome. • Mr. Coppola - Maybe what you could do is put together a little memo to the inspectors just ill terms of policy? • Mr. McGurn- We'll take care of that. • Mr. Coppola- And could you send the board a copy? • Mr. McGurn-Yes. • Mr. Coppola- Thank you for taking your time. • Mr. McGurn-Thank you Item #4) Board Secretary, Linda Andersen, informed members of a large package attached to the agenda containing another alleged complaint lodge against the Department of Permit & Inspections. This complaint is not connected to the above matter. Mrs. Andersen informed the board that she did not get to review the material and therefore could not brief them on its contents. She did however, divulge that the matter had to do with a gentleman that contacted the City Clerk's Office wanting to speak before the Board of Ethics regarding a complaint he has with the Department of Inspections. The Board looked over the packet briefly and determined that due to its numerous pages, the matter be deferred to its next meeting giving board members time to review the complaint in its entirety. The board asked that the secretary contact Mr. Roderhaus and inform him that the board requires time to examine his filings. Item #5) The board next looked at travel disclosure statements received from the Commissioner of Public Works, Joseph Giambra. Mr. Coppola had questions with regard to the late filing of travel to Miami, FI. by Mr. Giambra in February of 2004. Also under questioning is entertainment expenses reported by Mr. Giambra and Mr. Merlo during a trip to San Francisco in June of 2005. The board chair recommended that it ask Mr. Giambra to clarify, in writing, the late filing and the entertainment expenses and to please submit any documentation he may have in support of the entertainment expenses for the boards' review. Item #6) The Board briefly discussed the upcoming filing of the Annual Disclosure Statements and the lists of employees names that are to be submitted to the City Clerk's Office by Department Heads indicating those employees required to file. The Board noted that it migbt be hard to obtain the lists by the end of December as in prior years due a new administration coming into office in the year 2006. It was suggested that the board hold a special meeting on December 13, 2005 inviting Peter Savage, a representative of Mayor Masiello's staff who has worked with the Board in prior years, as well as a member of Mayor-Elect Brown's transitional team to discuss the matter. Mr. Magavern also suggested that the board invite Mr. Matarese to the meeting since he is the head of the Human Relations Department. Old Business Regarding Item #1) Code of Ethics Handbook Project and Item #2) Corporation Counsel Representation both items were deferred to the next meeting The next meeting of the Board of Ethics was set for Tuesday, December 13, 2005 in room 1317 at 9:00 a.m. Meeting adjourned. REFERRED TO THE COMMISSIONER OF ECONOMIC DEVELOPMENT, PERMITS AND INSPECTIONS NO. 35 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 1083 Tonawanda Street Fortunato’s Lawrence Mattison RECEIVED AND FILED NO. 36 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 Debra Williams, Jenyne Langhoren Management Information Systems Daryl Springer, Janet Reyes Administration and Finance-Ricky Donovan RECEIVED AND FILED. NO 37 REPORTS OF ATTENDANCE I transmit herewith communications received by me, from the various boards, commissions, agencies and authorities reporting the membership attendance at their respective meetings: Buffalo Sewer Authority RECEIVED AND FILED. NO. 38 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. CERTIFICATE OF APPOINTMENT Appointment Effective: January 13, 2006 in the Department of Common Council to the Position of Intern VI, Seasonal Non-Competitive at the Flat starting salary of $10.00/hr Kevin Linder, 69 Tuscarora Rd., Buffalo, New York 14220 Patrick Martino, 203 Potters Rd., Buffalo, New York 14220 CERTIFICATE OF APPOINTMENT Appoinlrnent Effective: 01-17-06 in the Department of Common Council to the Position of Intern VI, Seasonal at the flat salary of $10.00/hr Mark Cornell, 20 East Morris Avenue, Apt 15, Buffalo, New York 14214 NO. 39 NOTICES OF APPOINTMENTS - SEASONAL/FLAT I transmit herewith certificates received by me, reporting seasonal and flat salary appointments made in various departments. RECEIVED AND FILED. CERTIFICATE OF APPOINTMENT Appointment Effective 12/27/2005 in the Department of Law to the Position of Intern V, Seasonal appointment at the minimum starting salary of $8.00/hr Kathleen Cummins, 140 Carmel Road, Buffalo, NY 14214 CERTIFICATE OF APPOINTMENT Appointment effective 1/10/2006 in the Department of Public Works Parks and Streets to the position of Laborer II, at the flat starting salary of $8.15/hr Juan A. Crespo, 239 Potomac Avenue Apt 1, Buffalo, NY 14213 NON-OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON-OFFICIAL COMMUNICATIONS NO. 40 INFO TREE MAINTENANCE COUNTY RENIGING ON TREE MAIN CCP#105,10/18/2005 Thank you for your invitation to attend the Finance Committee meeting on January 17, 2006 to discuss the above referenced item. I believe that my letter of October 26, 2005 (copy attached) addressed this issue. I have not received any further communication from City Hall that is inconsistent with that letter. It is my opinion that the allegations set forth in Item #105 are meritless and, therefore, there is no reason to attend the Committee meeting. Please call me if you have any questions regarding this matter. County Executive Giambra has asked me to respond to your inquiry regarding the above-referenced item. It is my understanding that the invoices in question are for emergency tree removal outside normal work hours, or for hazardous situations requiring expert services (such as fallen trees near power lines). This is the procedure which City officials advised County officials to take and it is consistent with City practices pre-dating the current City/County parks management agreement. County Forester Brian Grassia assures me that County crews have and continue to remove and trim trees in both emergency and non-emergency situations in compliance with the aforesaid agreement. Please contact the undersigned if you have any further questions regarding this matter. Very truly yours, Laurence Rubin REFERRED TO THE COMMITTEE ON FINANCE NO. 41 PROPERTY AT 993 CLINTON STREET, BUFFALO, NEW YORK (THE PROPERTY) As you know, JLV has requested three licenses from the City of Buffalo - scrap processing, wholesale junk dealer, and used car dealership. JLV has appeared before the Buffalo Common Council (the "Council") on three occasions regarding this matter, and the Council commenced its review of this matter on December 13, 2005. ~h, At the meeting of the Legislative Committee of the Council on January 172006, each of you and Lenora Foote, Esq. asked that JLV satisfy four matters on behalf of the Council: 1) provide a business summary along with a visual description of operations, 2) prepare an agreement pursuant to which JLV and its principals agree to remove all debris and contaminants from the Property in the event JLV ceases operations, 3) demonstrate that there are no outstanding code violations related to the Property, and 4) investigate the possibility of obtaining a bond or environmental insurance in order to provide the City of Buffalo (the "C~L7") additional assurance that the Property would be cleaned in the event operations should cease. I note that each of the license applications is a separate application and should be separately considered by the City and Common Council. Attached to this letter as Attachment A is a copy of JLV's business summary and a visual description of proposed operations. Each of Lenora Foote and yourself emphasized that one or two pages and a simple pictorial description would be sufficient. Attached to this letter as Attachment B is a copy of the Property's Use Permit. JLV's intended use of the Property is, in fact, the only use currently permitted on the Property. The Property is zoned M2 (industrial). Attached to this letter as Attachment C is a survey of the Property. The Council's earlier concerns (raised in December) regarding restrictions by the Department of Environmental Conservation ("DEC") and noise caused by car crushing operations have been previously answered. Either you or Lenora Foote are in possession of a letter from Maureen Desmond, Esq. of the DEC stating that the DEC has no restrictions on the Property. In addition, the DEC has recommended that the property be deregistered as a hazardous waste site. A copy of such recommendation is attached as Attachment D. Dennis Sutton of the City has been assured that his ongoing monitoring obligations of the nearby Bern Metal Site will not be affected by JLV's operations as 11o monitoring wells are on the Property. Council Member Franczyk has personally walked the Property and listened to the car crushing operations. He reported to the Council that the operations will not cause a noise disturbance and, in any case, are much quieter than the railroad that runs alongside the Property (approximately 20 trains a day). By comparison, JLV expects to crush no more than thirty (30) cars per week. I spoke with Tim Curtin, building inspector for the City (851 - 4100), immediately after the meeting of the Legislative th. Committee on January 17He assured me that there are no outstanding code violations on the Property. He also said that he would speak directly with you about the matter. Because there are no code violations and JLV will abide by Tom Chwalinski's requirement that JLV sell no more than five (5) cars at any one time, there should be no further impediments to approving the used car dealership license at this time. A copy of each of the inspectors approval of the Property for the requested licenses is attached as Attachment E. Enclosed as Attachment F is a draft agreement pursuant to which JLV and its principals agree to personally guarantee the removal of debris and contaminants from the property in the event that JLV ceases operations. The effect of this agreement is that JLV's principals become personally liable for cleanup of the Property. As you know, this is a substantial and meaningful surety that JLV's principals are willing to provide to the City in order to demonstrate that they very much intend to run a clean operation. Because JLV intends to sell (or process) its inventory quickly; it is not expected that the Property will have large scrap inventories on hand. Assuming that this agreement or a substantially similar agreement is acceptable to the City, there should be no further impediments to approving the wholesale scrap dealership license at this time as there will be no contaminants from scrap dealership operations without approval of the scrap processing license. We are presently investigating the possibility of obtaining a bond or environmental insurance. ! note that we have called five scrapyards in the City and none have a bond at the present time. In any case, as this type of bond and/or insurance is unusual it will take some time to identify a carrier and obtain. Therefore, we request that the City and Council approve JLV's scrap processing license on a temporary, sixty (60) day basis, conditioning the permanent license on resolution of this issue. I have some concern that the marketplace may not sell bonds of this type. In any case, we are in good faith attempting to satisfy this requirement. It would appear that there should be no impediments to approval of the Used Car Dealership and Whole Sale Junk licenses at present, and we respectfully ask that you recommend to the Council that it approve such licenses at its l January 24, 2006 meeting,We also respectfully request that the Council approve a temporary Scrap Processing license at this time. It is our hope that the appropriate bond or insurance can be found in the marketplace. In the meantime, as the approval process has been lengthy, it would be most helpful if we could, on a temporary basis, commence scrap processing operations. Many thanks for your attention to this matter. RECEIVED AND FILED NO. 42 NIAGARA POWER PROJECT I HEREBY CERTIFY, That at the 2nd Session of the Legislature of Erie County, held in the Legislative Chambers, in the City of Buffalo on the Nineteenth day of January 2006 A.D. a Resolution was adopted, of which the following is a true copy: RESOLVED, that this Honorable Body does hereby authorize the County Executive to execute such agreements as may be recommended by the Erie County Attorney as necessary and appropriate to obtain a settlement with NYPA in connection with the County's interests in the relicensing of the Niagara Power project, only if such agreements are consistent with each and all of the terms outlined herein: 1. Such agreement must provide that NYPA will make available to the ECHDC $2.5 million annually, or an amount equal to the sum of $1 million and the proceeds of the sale of five megawatts of Niagara hydropower, whichever is greater, each year for a period of fifty years, commencing with the issuance of the license for the Niagara Power Project in 2007; 2. Such agreement must provide that NYPA will additionally provide, either directly or via Empire State Development, $1 million per year each year for a period of fifty years, commencing with the issuance of the license for the Niagara Power Project in 2007, or a lump sum payment equivalent to the estimated value of $1 million per year over fifty years, either directly or vii Empire State Development, such estimation being made using a generally accepted method and a generally accepted assumed rate of inflation, such as the Federal Bureau of Labor Statistics' Consumer Price Index for All Urban Consumers, and not a discounted assumed rate of inflation; 3. Such agreement must provide that NYPA will additionally provide the ECHDC with $2 million within sixty days of the execution of this settlement agreement for the construction of interpretive design elements in the vicinity of the Erie Canal Harbor Commercial Slip, and an additional $2 million payment for the same purpose on the one-year-anniversary of the initial payment; 4. Such agreement must provide thaNYPA shall relocate the ice boom to another loeation subject to approval by, the t ECHDC and any national or international agencies which must approve such a move from the land upon which the Ice Boom is presently stored at Buffalo's Outer Harbor, and that ECHDC will pay no more than $1 for said transfer, and that said transfer shall occur as soon as the lee boom is moved to its new site, or within five years of the execution of this settlement, whichever is sooner; 5. Such agreement must provide that NYPA direct all payments which result from this settlement, other than the $2 million provided annually for the Erie County Greenway Fund, to the ECHDC to be used solely for acquisition, remediation, demolition, design, engineering and construction associated with development and revitalization activities in the vicinity of Buffalo's Inner and Outer Harbor areas, and 6. Such agreement must provide that NYPA will make available $2 million to the Erie County Greenway Fund each year for a period of fifty years, commencing with the issuance of the license for the Niagara Power Project in 2007; and be it further RESOLVED, that the Erie County Attorney is hereby directed to file a copy of the Final Settlement Agreement with the Erie County Legislature as soon as it is fully executed by all parties, and be it finally RESOLVED, that the Clerk of the Erie County Legislature shall forward certified copies of this resolution to the Erie County Executive; to the Honorable Mayor and Common Council of the City of Buffalo; to the members of the state and federal legislative delegations; to the ECHDC; to the Olmsted Parks Conservancy; to the Niagara Greenway Commission; and to the Secretary of the Board of Trustees of NYPA. REFERRED TO THE COMMITTEEON WATERFRONT DEVELOPMENT NO. 43 D. LOCEY DEC CERTIFIES BROWNFIELD CLEANUP AT FORMER HANNA FURNACE COMPANY TO OPERATE MANUFACTURING FACILITY AT SITE The New York State Department of Environmental Conservation (DEC) wants to inform you that grog USC Associates I, LLC (grog) has completed activities to address contamination at a portion of the former Hanna Furnace property in the City of Buffalo, Erie County. The property is in the Buffalo Lakeside Commerce Park (see site map on last page), grog undertook these activities as part of New York's Brownfield Cleanup Program. The brownfields program encourages the voluntary cleanup of contaminated properties known as "brownfields" so that they can be reused and redeveloper. DEC issued a Certificate of Completion to grog in December 2005. This certificate describes the work Krog completed to address contamination at the site. Krog has built a 275,600 square foot manufacturing facility at the site. How Was Site Contamination Addressed? Previous investigations showed that soil at the site contains metals and chemicals called semi-volatile organic compounds. To prevent human contact with this material, grog placed a "cover system" over portions of the site. Krog regraded some fill material on the site, covered it with clean soil, and seeded the soil to grow grass. In other areas, Krog installed asphalt roads, parking lots and concrete (for building slabs and heavy-use areas) over contaminated fill material, grog hauled scrap railroad ties off of the site for disposal. Krog completed work in 2005. grog will implement a Site Maintenance Plan to ensure that the contaminated soils remain covered on a long-term basis. In addition, grog has placed an environmental easement on the property restricting its use to industrial purposes. Krog is also required to annually certify that the cover system and site restrictions are in place. What Happens Next? DEC issued the Certificate of Completion after reviewing and approving a Remedial Action Report submitted by Krog. The report describes the activities Krog completed and certifies that the State's requirements have been achieved for the site. As a result of the Certificate of Completion, grog has no liability to the State for contamination at or coming from the site, subject to certain conditions; and is eligible for tax credits to offset the costs of performing remedial activities and for redevelopment of the site. DEC may modify or revoke a Certificate of Completion if, for example, the applicant does not comply with the terms of its agreement with DEC, or if the applicant commits fraud regarding its application or its certification that it has met cleanup levels. How Did The Contamination Get On The Site? In 1900, the Buffalo Union Steel Corporation purchased the land and developed a pig iron manufacturing area and railroad yard. The Hanna Furnace Company (later Hanna Furnace Corporation) acquired the property from Buffalo Union Steel in 1915. Hanna Furnace ceased all operations in 1982. Jordan Foster Scrap Corporation purchased the property in 1983. They removed most of the facility and the railroad. In 1986, Jordan Foster Scrap filed for bankruptcy. In 1983, DEC added Hanna Furnace to its Registry of Inactive Hazardous Waste Disposal Sites. Several environmental studies were performed, and in 1995 DEC determined that the site's soil and fill contained metals and semi-volatile organic compounds at. concentrations exceeding recommended soil cleanup guidance. The contamination was likely from past operations at the facility. DEC also determined that groundwater and surface water in the Union Ship Canal contained various metals and phenols at levels exceeding water quality standards. However, the contaminants did not meet the legal definition of Hazardous Waste Disposal Sites. In 1998, the City of Buffalo acquired rifle to the property due to nonpayment of taxes. For future development considerations, they divided the property into four parcels: Parcel I - the former railroad yard, about 43 acres in size. Parcel 2 - the manufacturing area, about 29 acres In size. Parcel 3 - a 200 feet wide strip around the canal, about 22 acres in size. Parcel 4 - a 19 acre area where manufacturing wastes were disposed. The Krog project involves about 25 acres of parcels 1 and 2. The City of Buffalo and Erie County received funding from the State's 1996 Clean Water/Clean Air Bond Act to address the environmental issues at Parcel 3. An investigation of parcel 4 is anticipated In the near future. The City of Buffalo conducted more extensive tests of Parcels i and 2 between 1999 and 2001. The tests identified various semi-volatile organic compounds, metals (e. g., arsenic, lead, and zinc) and cyanide in the soil. On Parcels 1 and 2, the main way people could be exposed to contaminants would be through direct contact with contaminated soil. Groundwater is not used at the site, and therefore direct contact with groundwater is unlikely. The cover system will eliminate the potential for people to come in contact with the soil and will protect public health. RECEIVED AND FILED NO. 44 DESIGNATION OF RESTRICTED HIGHWAY Pursuant to Section 104a of the Highway Law the following described highway: Beginning on Route 33 starting at the intersection with Genesee Street and continuing easterly along Route 33 for approximately 3 miles to a point 1000 feet past the Route 198 interchange Also, beginning on Route 198 starting at the interchange with Route 5 (Main Street) and continuing easterly along Route 198 approximately I mile to the Route 33 interchange Also, beginning on Goodell Street at the Route 33 off ramp and continuing westerly along Goodell Street for approximately 0,6 miles to a point 500 feet west of the intersection with Main Street which is being reconstructed under Contract No. D260010 is hereby designated as a Restricted Highway. Designation of restricted highway shall expire on November 30, 2006. Pursuant to Section 1625 of the Vehicle and Traffic Law all movement of vehicles, persons or animals on such highway is hereby restricted and regulated in accordance with the determination of the Commissioner of Transportation as evidenced by posted signs, signals or barriers placed along said highway and/or by directions by an authorized representative of the Commissioner of Transportation. Any action taken by the Commissioner of Transportation pursuant to Section 1625 of the Vehicle and Traffic Law shall supersede any other provisions of the Vehicle and Traffic Law where inconsistent or in conflict with respect to the following enumerated subjects: 1. Establishment of maximum and minimum speed limits at which vehicles may proceed along any such restricted highway. 2. Weights and dimensions of vehicles. 3. Use of such restricted highway by pedestrians, equestrians, and animals. 4. Parking, standing, stopping and backing of vehicles. 5. Control of persons and equipment engaged in work on such highway. The provisions of the Vehicle and Traffic Law with respect to registration shall not apply to vehicles and equipment engaged in work on such restricted highways. When used on such restricted highways, all traffic control devices shall be considered as official traffic control devices and shall conform to the manual and specifications for a uniform system of traffic control devices adopted by the Department of Transportation. RECEIVED AND FILED NO. 45 E. WALKER PRESIDENT OF PUSH BUFFALO OVERVIEW OF MESSAGE Please file the attached Overview Message from PUSH Buffalo (People United for Sustainable Housing) that was presented by Eric Walker, President of PUSH Buffalo to the Committee on Community Development Wednesday, January 18, 2006. Please refer to the Committee on Community Development, OVERVIEW OF MESSAGE Outline the Problem of Absentee Control and Lack of Investment in our People, Buffalo has one of the highest poverty rates and lowest rates of home ownership in the United States. The city needs to invest in its residents and their neighborhoods rather than "silver bullet" projects that benefit private corporations and absentee landlords. The city should look at its residents as stakeholders, not dollar signs whose homes can be bought and sold for short-term revenue. Our neighborhood needs reinvestment and new policies to stop the trend towards housing abandonment. The city's foreclosure policies are killing our neighborhoods by handing control to absentee, landlords . Homes purchased at the city auction are often abandoned, neglected, milked for high rents and/or flipped by absentee landlords. This makes the city complicit in the destruction of our neighborhoods, which caps more than thirty years of bad housing policy and disorganized development efforts. The city has a history of cracking down on small fry owners while letting large corporate entities, such as JER Services, off the hook. Some Specific Solutions for Reinvesting in Our People and Our Neighborhood Creating Low and Moderate Income Home Ownership The city should create a pilot Homesteading Program by setting aside 100-200 homes from the tax lien inventory. Following the lead of NYC and Rochester, the city should create a legal mechanism for transferring ownership of 100-200 tax lien homes to low and moderate income owner occupants and non-profit developers. Homes entering the pilot pool program should be evaluated for viability prior to the October auction and should be set aside at that point, using either a third party transfer mechanism or standard foreclosure procedures, in which the city would take title directly to the 100-200 homes in the pool. The city should partner with a qualified non-profit housing agency to screen potential owner occupants for participation in the homesteading program. That non-profit housing agency should also connect participants with all available subsidies and finance options. The city should work with area banks and other financial institutions to commit • new monies for rehabilitation grants to participants in the pilot program. Holding Major Corporation Accountable for Their Real Estate Holdings In 2003, the City of Buffalo sold tax liens on more than 2,000 homes to MBBA, which assigned management of the liens to JER, a private corporation. Since that time almost all of the homes have been left vacant. Thousands of JER homes have deteriorated in neighborhoods across the city and the JER has not been held accountable for its actions by the city. Through the sale of thousands of liens to an irresponsible corporation, the city is complete in destabilizing hundreds of city blocks by leaving abandoned properties to deteriorate without any development plan or attempt to transfer ownership. The city should create a comprehensive development plan to enrage the JER properties are not transferred to irresponsible parties. Salvageable properties should be transferred to responsible parties for rehabilitation immediately. Houses beyond repair should be demolished at JER/MBBA's expense. Any deal between the city and JER to resolve the impasse should have community input and should include a major penalty against JER/MBBA for failing to follow through with an appropriate disposition of the property. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT PETITIONS NO. 46 OLD 1ST WARD COMMUNITY CENTER REQ DEMO MURPHY’S BAR 577 S PARK I am writing to inform you of two buildings on South Park Avenue that are in extremely dilapidated and hazardous condition. 577 South Park Avenue, the former Murphy's Bar, and 586 South Park, the big green barn, are both abandoned and structurally unsound. The rear portion of 577 South Park is collapsing, right next to the sidewalk on Hamburg Street. Both of these buildings pose a danger to the neighborhood. They are at the intersection of two well traveled streets, Hamburg Street, and South Park Avenue, businesses on three corners, as well as an NFTA bus stop. I wanted to share my concern that there could be damage to people or property if these building are allowed to deteriorate further. I would like to recommend speedy demolition for both of them. Please forward this information to the appropriate departments. I would be happy to furnish photographs or further information upon request. I am also enclosing a citizen's petition for the demolition of 577 South Park. Thank you for your attention and consideration. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT, THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS, THE COMMISSIONER OF ECONOMIC DEVELOPMENT, PERMITS AND INSPECTIONS AND THE CORPORATION COUNSEL REGULAR COMMITTEES CIVIL SERVICE (BONNIE E. RUSSELL, CHAIRPERSON) NO. 47 APPOINTMENT MARKETING MANAGER (MAX) (STRAT. PLAN.) (ITEM NO. 19-JAN. 10, 2006) That Communication 19, January I0, 2006 be received and filed and the permanent appointment of Jay Duderiek stated ADOPTED. above at the maximum starting salary of $51,173 effective on January 3, 2006 is hereby approved. PASSED AYES - 9 NOES - 0 NO. 48 APPOINTMENT CHIEF PUMPING PLANT ENGINEER (MAX) (PW) (ITEM NO. 26-JAN. 10, 2006) That Communication 26, January 10, 2006 be received and filed and the permanent appointment of Paul Ramunno stated above at the maximum starting salary of $44,009 effective on December 27, 2005 is hereby approved. PASSED AYES - 9 NOES - 0 NO. 49 APPOINTMENT HEARING OFFICER (MAX) (A&F, URB. AFT.) (ITEM NO. 39-JAN. 10, 2006) That Communication 39, January 10, 2006 be received and filed and the temporary (as required) appointment of Catherine A. Carey stated above at the maximum starting salary of $1 l 0/day effective on January 10, 2006 is hereby approved. PASSED AYES - 9 NOES - 0 NO. 50 APPOINTMENT LABORER II (MAX) (A&F, URB. AFT.) (ITEM NO. 40-JAN. 10, 2006) That Communication 40, January 10, 2006 be received and filed and the permanent appointment of Maureen Danahy stated above at the maximum starting salary of $27,833.04 effective on December 27, 2005 is hereby approved. PASSED AYES - 9 NOES - 0 NO. 51 NOTICES OF APPT.-TEMP.IPROV./PERM. (C. CLK.) (#48,1/10) That the above item be and the same hereby is received and filed. ADOPTED. FINANCE BRIAN C DAVIS CHAIRMAN NO. 52 Assignment of Leases - Buffalo General, Children's and Gates Circle Parking Ramps (Item No. 7, C.C.P., Jan. 10, 2006) That the Chairman of the Board of Parking be, and he hereby is authorized to approve the assignment of leases of Alright NY Parking Inc. d/b/a Central Parking for Children's Hospital, 499 Elmwood, Buffalo General Hospital, 880 Ellicott Street and Gates Circle, 766 Linwood Avenue to Pro Park LLC. ADOPTED NO.53 Bflo. Civic Auto Ramps Inc.-Mgmt. Agreement (Pkg. Bd.) (#8,1/10) That the above item be and the same hereby is received and filed. ADOPTED NO. 54 Prop. Pkg. Agree. Mod.-Comfort Suites Formerly Journey's End-Hotel Downtown Bflo. (Pkg. Bd.) (#9,1/10) That the above item be and the same hereby is received and filed. ADOPTED NO. 55 Prov. Prop. Tax Relief to Owner Occupied Non-Homestead Prop. (Assess/Tax) (#21,1/10) That the above item be and the same hereby is received and filed. ADOPTED NO. 56 Drug Asset Forfeiture Wire Transfers (Pol) (#27,1/10) That the above item be and the same hereby is received and filed. ADOPTED NO. 57 COB Parks (Law) (#30,1/10) That the above item be and the same hereby is received and filed. ADOPTED. NO. 58 669 Genesee Street - Demolition of (Item No. 33, C.C.P., Jan. 10, 2006) That the Commissioner of Permit and Inspection Services be, and he hereby is authorized to award a contract for the Demolition of 669 Genesee Street, to Ontario Specialty, in the amount of $93,525.00. PASSED AYES – 9 NOES – 0 NO. 59 1318 Niagara Street - Demolition of (Item No. 34, C.C.P., Jan. 10, 2006) That the Commissioner of Permit and Inspection Services be, and he hereby is authorized to award a contract for the Demolition of 1318 Niagara Street, to Sabre Demolition, in the amount of $1,025,000.00. Passed. AYES – 9 NOES – 0 LEGISLATION (Richard A. Fontana, Chairman) NO. 60 Appt.-Director of Citizens Services (Cit. Svs.) (#6,1/10) That the above item be and the same hereby is received and filed. ADOPTED. No. 61 Appt.-Comm. of Permits & Inspections (Ec. Dev./Permits) (#38,1/10) That the above item be and the same hereby is received and filed. ADOPTED NO. 62 Appt.-Director of Youth (Comm. Svs.) (#41,1/10) That the above item be and the same hereby is received and filed. ADOPTED. NO. 63 Local Law Intro. No. 1 (2006) Department of Fire (Item No. 98, C.C.P., Jan. 10, 2006) That after the public hearing before the Committee on Legislation on January 17, 2006, the Local Law as contained in Item No. 98, C.C.P., Jan. 10, 2006, be and the same hereby is approved. PASSED AYES – 9 NOES – 0 NO. 64 Scrap Processor - 993-999 Clinton Street (Item No. 53, C.C.P., Dec. 13, 2005) (Item No. 77, C.C.P., Jan. 10, 2006) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Fontana moved: That pursuant to Chapter 254 of the City Code, the Commissioner of Permit & Inspections Services be, and he hereby is authorized to grant a Scrap Process Dealer license to Linda Kulik d/b/a JLV Enterprises, LLC located at 993-999 Clinton Street. Upon the condition that the City Dept of Inspections along with the New York State DEC inspects the property within 90 days from the date of the issuance of the scrap process dealer license and that a satisfactory inspection is made. A report shall be filed with this council no later than five days after the date of the inspection. PASSED AYES – 9 NOES – 0 NO. 65 Used Car Dealer - 993-999 Clinton Street (Item No. 54, C.C.P., Dec. 13, 2005) (Item No. 78, C.C.P., Jan. 10, 2006) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Fontana moved: That pursuant to Chapter 254 of the City Code, the Commissioner of Permit & Inspections Services be, and he hereby is authorized to grant a Used Car Dealer license to Linda Kulik d/b/a JLV Enterprises, LLC located at 993-999 Clinton Street. Upon the condition that there are a maximum of five cars on the premises, and those vehicles must be stored on a paved surface. PASSED AYES – 9 NOES – 0 NO. 66 Wholesale Junk Dealer- 993-999 Clinton Street (Item No. 55, C.C.P., Dec. 13, 2005) (Item No. 79, C.C.P., Jan. 10, 2006) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Fontana moved: That pursuant to Chapter 254 of the City Code, the Commissioner of Permit & Inspections Services be, and he hereby is authorized to grant a Wholesale Junk Dealer license to Linda Kulik d/b/a JLV Enterprises, LLC located at 993- 999 Clinton Street Upon the condition that the City Dept of Inspection, along with the NYS DEC inspects the property with 90 days from the date of issuance of the wholesale Junk Dealer License, and that a satisfactory inspection is made. A report shall be filed with this council no later than five days after the date of the inspection PASSED AYES – 9 NOES – 0 NO. 67 993 Clinton Street (Item No. 29, C.C.P., Jan. 10, 2006) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Fontana moved: That above item be and the same is hereby received and filed. Adopted NO. 68 G. Pavlou-US EPA-Req. for Assist. In Demo./Remed. 537 E. Delavan Ave. (#53,1/10) That the above item be and the same hereby is received and filed. ADOPTED NO. 69 H. Nowak-City Court-Req. Asst. from EPA in Demo. Raid (Ec. Dev./Permits) (#35,1/10) That the above item be and the same hereby is received and filed. ADOPTED NO. 70 Ordinance Amendment-Chapter 30-11, Lighting and Power Service (#150, 7/27) That the above item be and the same hereby is received and filed. ADOPTED. NO. 71 Ord. Amend.-Chapter 30-I 1 Lighting & Power Service (PW) That the above item be and the same hereby is received and filed. ADOPTED. COMMUNITY DEVELOPMENT (Joseph Golombek Jr, Chairman) NO. 72 D. Bonifacio-C. Paladino-50 Court St.-LDA (#49, 1/10) That the above item be and the same hereby is received and filed. ADOPTED. NO. 73 D. Bonifacio-Include Entire Niagara River Region as Natl. Heritage Area (#31, 11/12) That the above item be and the same hereby is received and filed. ADOPTED. NO. 74 Bflo. Waterfront Corr. Initiative (WCI) - Bflo. Corr. Mgmt. Project- Vol. 1-Queen City Waterfront ( Strat. Plan.) (#6, 10/18) That the above item be and the same hereby is referred to the Special Committee on Waterfront Development. ADOPTED NO. 75 Est. & Designation of Dist. Neighborhood for Real Estate Mktg. (Strat. Plan.) (#2, 12/27) That the above item be and the same hereby is received and filed. ADOPTED. NO. 76 B. Davis-D. Ellis-Supp. A. Wesley Brown's Purchase-Pkg. Lot-Allen & Wadsworth Sts. (#48, 12/27) That the above item be and the same hereby is received and filed. ADOPTED NO. 77 B. Davis-R. Higgins-Info-Ell, Dev. Co.-Prop. Pkg. Lot-Michigan & S. Division St. (#49, 12/27) That the above item be and the same hereby is received and filed. ADOPTED Special Committees BUDGET COMMITTEE (Dominic J. Bonifacio Jr., Chairman) NO. 78 Mayor's 2006 Capital Budget -Recommendation & Five Year Plan (Compt) (#5, 11/15) That the above item be and the same hereby is received and filed. ADOPTED. NO. 79 Rental Registration Fee Reduction (Permits/Insp.) (#34, 12/27) That the above item be and the same hereby is received and filed. ADOPTED. NO. 80 Gen. Fund Gap Sheets-First Quarter 2005-2006 (A&F) (#36, 11/15) That the above item be and the same hereby is received and filed. ADOPTED. NO. 81 A. Thompson-Req. Amend Lease for Bflo. Museum of Science (PW) (#27, 12/13) That the above item be and the same hereby is received and filed. ADOPTED NO. 82 A. Thompson-Req. Amend Lease for Bflo. Museum of Science (#68, 12/27)(#63, 11/29) That the above item be and the same hereby is received and filed. ADOPTED. NO.83 A. Parker-Buffalo Museum of Science-Info.-Lease (#52, 12/27) That the above item be and the same hereby is received and filed. ADOPTED. NO. 84 A. Thompson-De-Icer/Melting Agent Info. (#69, 12/13) (#70,12/27) That the above item be and the same hereby is received and filed. ADOPTED. NO. 85 rd Req. to Use a More Enf. Friendly Salt/Sand De-Icer Mixture (3Res. Only) (#71,12/27 That the above item be and the same hereby is received and filed. ADOPTED. NO. 86 De-Icer/Melting Agents (A&F) (#35,12/27) (#65,1/10) That the above item be and the same hereby is received and filed. ADOPTED. NO 87 D. Bonifacio-A. Sanfilippo-Est./Rpt.-City's Cap. Debt/Capital Project Program-2006 Cap. Imp. Budget (# 132, 9/6) That the above item be and the same hereby is received and filed. NO. 88 V. Saxon-Bflo. Water Bd.-Req. Amendment to Oper. Agree. (#33, 6/14) That the above item be and the same hereby is received and filed. ADOPTED. NO. 89 Bflo. Water Bd.-Req. Amendment-Operation Agreement (A&F) (#39, 7/12) That the above item be and the same hereby is received and filed. ADOPTED. NO. 90 Health Insurance Initiatives Update (HR) (#31, 9/20) That the above item be and the same hereby is received and filed. ADOPTED. NO. 91 A. Thompson-Letter of Req. for Bond Res.-$4,000,000 Demo. Of Privately Owned Bldgs. (#64, 10/18 That the above item be and the same hereby is received and filed. ADOPTED NO. 92 Library Closings-Est. Utility Costs (PW) (#29, 10/18) That the above item be and the same hereby is received and filed. ADOPTED. NO. 93 Capital Improvements to Libraries 2004-2005 Capital Budget (PW) (# 16, 4/5) That the above item be and the same hereby is received and filed. ADOPTED. RESOLUTIONS NO. 94 By: Mr. Bonifacio Amend Section 54.30 of the Local Finance Law, in relation to the sale of bonds and notes of the City of Buffalo Whereas: The present law has given the City of Buffalo a valuable tool to provide funds expeditiously for projects requiting immediate attention; and Whereas: The present law is due to expire on June 30, 2006; and Whereas: This law has already proven its usefulness, an extension of one year seems appropriate in order to provide the City of Buffalo enough financial flexibility to encounter any further needs in that time flame; and Now, Therefore Be It Resolved: That this honorable body sends a home rule message to the NYS Legislature requesting an act to amend section 54.30 of the Local Finance Law by extending the provisions of this section from June 30, 2006 to June 30, 2007 thus allowing the City of Buffalo to continue to sell its bonds at private sale; and That certified copies of this resolution be sent to Governor George Pataki, the New York State Legislature, and the appropriate Home Rule Counsel PASSED AYES – 9 NOES – 0 NO. 95 By: Mr. Bonifacio City of Buffalo Local Law No. -- (2006) Introductory No. 2 (2006) A LOCALLAW amending Article six of the Charter of the City of Buffalo in relation to the properties located in the empire zones. WHEREAS, by Local Law No. -- of 2006, the City of Buffalo authorized the Buffalo Economic Renaissance Corporation to prepare and submit an application for designation of Empire Zone 38, pursuant to Section 961 of the General Municipal Law, and the creation of such Zone was approved by the New York State Commissioner of Economic Development and such Zone was formally designated by the Empire Zones Designation Board; and WHEREAS, the New York State Legislature and the Governor have enacted into law changes to the Empire Zones program, whereby each existing Empire Zone must configure its existing zone acreage into "distinct and contiguous" areas; and WHEREAS, pursuant to Sections 961 and 957(d) of the General Municipal Law, as amended, the City of Buffalo hereby authorizes the Buffalo Economic Renaissance Corporation, a municipal corporation, to prepare and submit the City &Buffalo's application for redesignation of existing Empire Zone 38 into "distinct and contiguous areas", including a description of the areas identified for such redesignation, to the New York State Commissioner of Economic Development for ultimate approval by the Empire Zones Designation Board; and WHEREAS, such designation could greatly benefit the City of Buffalo, in that new businesses would be encouraged to locate in the one area, existing businesses would be encouraged to expand in the one area, and new and expanded businesses would generate new jobs for City of Buffalo residents; and WHEREAS, a draft of the amended Zone Development Plan is hereby authorized to be submitted along with the redesignation application to the New York State Commissioner of Economic Development. NOW THEREFORE, BE IT ENACTED BY THE COMMON COUNCIL OF THE CITY OF BUFFALO, as follows: Section 1. The Buffalo Economic Renaissance Corporation is hereby authorized and empowered to submit an application for redesignation of certain areas within the City of Buffalo as Empire Zone 38; provided, however, that such authorization and empowerment shall be conditioned upon the concurrence, through a properly adopted resolution with respect to such application of the governing body of the City of Buffalo, of which such zone is located. Section 2. The boundaries of said areas to be included in said Empire Zone shall be as set forth in Schedule A, which is attached hereto and made a part hereof, and that Section 6-14(3), Empire Zones, of the Charter of the City of Buffalo be amended to read as such. Section 3. Pursuant to the requirements of Section 963(a) of the General Municipal Law, the Buffalo Economic Renaissance Corporation shall continue to serve as the Local Empire Zone Certification Officer of City of Buffalo Empire Zone 38, and shall, pursuant to regulations promulgated pursuant to Article 18-B of the General Municipal law, perform the following duty, to wit: certify, jointly with the New York State Commissioner of Labor, those business enterprises that are eligible to receive those benefit referred to in Section 966 of the General Municipal Law, and any other applicable statutes. Section 4. Pursuant to Article 18-B of the General Municipal Law, the Local Empire Zone Administrative Board as presently constituted is hereby continued. The Local Empire Zone Administrative Board, pursuant to Section 963(a) of the General Municipal Law, as amended, shall approve for certification by the Zone Certification Officer, the New York State Commissioner of Economic Development, and the New York State Commissioner of Labor, the applications of those businesses eligible for certification to receive the benefits referred to in Section 966 of the General Municipal Law, and shall perform all other duties required of it pursuant to Section 963(b) of the General Municipal Law. Section 5. This Local Law shall take effect upon filing in the Office of the Secretary of State as provided by Section 27 of the Municipal Home Rule Law. IT IS HEREBY CERTIFIED, pursuant to Section 20 of the Municipal Home Rule Law, that the in APPROVED AS TO FORM Copy of Schedule A available in the Clerks office for review PASSED AYES – 9 NOES – 0 No. 96 By: Mr. Bonifacio City of Buffalo Local Law No. -- (2006) Introductory No. 3 (2006) A LOCAL LAW amending Article six of the Charter of the City of Buffalo in relation to the properties located in the empire zones. WHEREAS, by Local Law No. -- of 2006, the City of Buffalo authorized the Buffalo Economic Renaissance Corporation to prepare and submit an application for designation of Empire Zone 74, pursuant to Section 961 of the General Municipal Law, and the creation of such Zone was approved by the New York State Commissioner of Economic Development and such Zone was formally designated by the Empire Zones Designation Board; and WHEREAS, the New York State Legislature and the Governor have enacted into law changes to the Empire Zones program, whereby each existing Empire Zone must configure its existing zone acreage into "distinct and contiguous" areas; and WHEREAS, pursuant to Sections 961 and 957(d) of the General Municipal Law, as amended, the City of Buffalo hereby authorizes the Buffalo Economic Renaissance Corporation, a municipal corporation, to prepare and submit the City of Buffalo's application for redesignation of existing Empire Zone 74 into "distinct and contiguous areas", including a description of the areas identified for such redesignation, to the New York State Commissioner of Economic Development for ultimate approval by the Empire Zones Designation Board; and WHEREAS, such designation could greatly benefit the City of Buffalo, in that new businesses would be encouraged to locate in the one area, existing businesses would be encouraged to expand in the one area, and new and expanded businesses would generate new jobs for City of Buffalo residents; and WHEREAS, a draft of the amended Zone Development Plan is hereby authorized to be submitted along with the redesignation application to the New York State Commissioner of Economic Development. NOW THEREFORE, BE IT ENACTED BY THE COMMON COUNCIL OF THE CITY OF BUFFALO, as follows: Section 1. The Buffalo Economic Renaissance Corporation is hereby authorized and empowered to submit an application for redesignation of certain areas within the City of Buffalo as Empire Zone 74; provided, however, that such authorization and empowerment shall be conditioned upon the concurrence, through a properly adopted resolution with respect to such application of the governing body of the City of Buffalo, of which such zone is located. Section 2. The boundaries of said areas to be included in said Empire Zone shall be as set forth in Schedule A, which is attached hereto and made a part hereof, and that Section 6-14(3), Empire Zones, of the Charter of the City of Buffalo be amended to read as such. Section 3. Pursuant to the requirements of Section 963(a) of the General Municipal Law, the Buffalo Economic Renaissance Corporation shall continue to serve as the Local Empire Zone Certification Officer of City of Buffalo Empire Zone 74, and shall, pursuant to regulations promulgated pursuant to Article 18-B of the General Municipal law, perform the following duty, to wit: certify, jointly with the New York State Commissioner of Labor, those business enterprises that are eligible to receive those benefit referred to in Section 966 of the General Municipal Law, and any other applicable statutes. Section 4. Pursuant to Article 18-B of the General Municipal Law, the Local Empire Zone Administrative Board as presently constituted is hereby continued. The Local Empire Zone Administrative Board, pursuant to Section 963(a) of the General Municipal Law, as amended, shall approve for certification by the Zone Certification Officer, the New York State Commissioner of Economic Development, and the New York State Commissioner of Labor, the applications of those businesses eligible for certification to receive the benefits referred to in Section 966 of the General Municipal Law, and shall perform all other duties required of it pursuant to Section 963(b) of the General Municipal Law. Section 5. This Local Law shall take effect upon filing in the Office of the Secretary of State as provided by Section 27 of the Municipal Home Rule Law. IT IS HEREBY CERTIFIED, pursuant to Section 20 of the Municipal Home Rule Law, that the immediate passage of this Local law is necessary. APPROVED AS TO FORM Copy of Schedule A available in the City Clerks Office for review PASSED AYES – 9 NOES –0 NO. 97 RESOLUTION BY: Mr. Dominic J. Bonifacio, Jr. RESOLUTION SUPPORTING AND CONCURRING IN THE CITY OF BUFFALO'S APPLICATION FOR REDESIGNATION OF CERTAIN AREAS WITHIN THE CITY OF BUFFALO AS AN EMPIRE ZONE (Empire Zone) WHEREAS, pursuant to Section 961 of the General Municipal Law, the City of Buffalo is authorized, pursuant to Local Law No. 5, application by the City of Buffalo for designation of certain areas as an Empire Zone within the meaning of said statute, such designation was approved by the New York State Commissioner of Economic Development and was formally designated by the Empire Zones Designation Board on July 27, 1994; and WHEREAS, the New York State Legislature and the Governor have enacted into law changes to the Empire Zones program, whereby each existing Empire Zone must configure its existing zone acreage into three "distinct and separate contiguous” areas; the boundaries of said areas to be included in said Empire Zone within this municipality shall be as set forth in the map of Empire Zone #38, which is attached hereto and made a part hereof; and WHEREAS, pursuant to Sections 957(d) and 961 of the General Municipal Law, the City of Buffalo has proposed the redesignation of the existing City of Buffalo Empire Zone #38 into two "distinct and separate contiguous areas", which will include the City of Buffalo; and WHEREAS, such redesignation could greatly benefit the City of Buffalo in that new businesses would be encouraged to locate in the zone area, existing businesses would be encouraged to expand in the zone area and new and expanded businesses would generate new jobs for City of Buffalo residents; and WHEREAS, the Buffalo Economic Renaissance Corporation (BERC) intends to authorize the submission of an application for the redesignation of areas within the City of Buffalo as an Empire Zone; and WHEREAS, the BERC wishes to redesignate certain areas within the City of Buffalo as part of the proposed Empire Zone; and WHEREAS, the City of Buffalo is desirous of working with the Buffalo Employment Training Center through the Empire Zone Program to provide enhanced job opportunities for its residents; and NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of Buffalo, New York, that it fully supports and concurs in the submission of an application by the BERC for the redesignation of certain areas as an Empire Zone PASSED AYES – 9 NOES – 0 NO. 98 RESOLUTION BY: Mr. Dominic J. Bonifacio, Jr. RESOLUTION SUPPORTING AND CONCURRING IN THE CITY OF BUFFALO'S APPLICATION FOR REDESIGNATION OF CERTAIN AREAS WITHIN THE CITY OF BUFFALO AS AN EMPIRE ZONE ( Empire Zone 74) WHEREAS, pursuant to Section 961 of the General Municipal Law, the City of Buffalo is authorized, pursuant to Local Law No. 2, application by the City of Buffalo for designation of certain areas as an Empire Zone within the meaning of said statute, such designation was approved by the New York State Commissioner of Economic Development and was formally designated by the Empire Zones Designation Board on January 8, 2002; and WHEREAS, the New York State Legislature and the Governor have enacted into law changes to the Empire Zones program, whereby each existing Empire Zone must configure its existing zone acreage into three "distinct and separate contiguous" areas; the boundaries of said areas to be included in said Empire Zone within this municipality shall be as set forth in the map of Empire Zone #74, which is attached hereto and made a part hereof; and WHEREAS, pursuant to Sections 957(d) and 961 of the General Municipal Law, the City of Buffalo has proposed the redesignation of the existing City of Buffalo Empire Zone #74 into four "distinct and separate contiguous areas", which will include the City of Buffalo; and WHEREAS, such redesignation could greatly benefit the City of Buffalo in that new businesses would be encouraged to locate in the zone area, existing businesses would be encouraged to expand in the zone area and new and expanded businesses would generate new jobs for City of Buffalo residents; and WHEREAS, the Buffalo Economic Renaissance Corporation (BERC) intends to authorize the submission of an application for the redesignation of areas within the City of Buffalo as an Empire Zone; and WHEREAS, the BERC wishes to redesignate certain areas within the City of Buffalo as part of the proposed Empire Zone; and WHEREAS, the City of Buffalo is desirous of working with the Buffalo Employment Training Center through the Empire Zone Program to provide enhanced job opportunities for its residents; and NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of Buffalo, New York, that it fully supports and concurs in the submission of an application by the BERC for the redesignation of certain areas as an Empire Zone PASSED AYES – 9 NOES – 0 No. 99 RESOLUTION Sponsor: Mr. Coppola , Mr. Bonifacio Graffiti Removal Program Whereas: Graffiti is the most common type of property vandalism (35%) according to the Bureau of Justice Statistics; and Whereas: The number of graffiti incidents within the City of Buffalo have been on the rise, and graffiti has a number of negative effects on the community; and Whereas: Studies have shown that graffiti sends the signal that nobody cares, encourages other crimes, decreases the neighborhood's feeling of safety, and decreases property values by up 15%; and Whereas: The two most effective ways to prevent graffiti is the consistent enforcement show results in a nearly zero rate of reoccurrence; and Whereas: Chapter 341, section 7, part E of the City of Buffalo Charter states: Owner's duty. It shall be the responsibility of the owner to restore any surface marred by graffiti to a clean state of maintenance and repair within a reasonable time. If the graffiti is not addressed for an extended period of time, the Commissioner may order the removal of the graffiti. (1) Noncompliance. It shall be the duty of the Commissioner of Permit and Inspection Services or his or her designee to see that the provisions of this section are enforced. Where violations of this section exist, the Commissioner shall notify the owner of such land of the violation. Such notice shall give the owner 10 days to comply with this article. Such notice may be mailed by first class mail to the owner's last known address. In the alternative, the notice may be personally served upon the owner by delivering the notice to the owner or by delivering the notice to a person of suitable age and discretion at the owner's residence or place of business. (2) After service of the notice, if the property shows no sign of restoration, the Commissioner of Permit and Inspection Services shall engage the services of a private contractor to perform the necessary work. The Commissioner of Permit and Inspection Services shall charge and bill the owner for the cost of such services. In his or her discretion, the Commissioner may assign City personnel to do the work, in which case a charge as provided in Chapter 175, Fees, shall be made. Whereas: While property owners are responsible for the removal of graffiti from their property, they are victims of a crime and in many instances are unaware of the graffiti for extended periods of time because they are not notified that it is there, and Whereas: It is incumbent for the City of Buffalo to track and apprehend these vandals and charge them criminally and financially for their actions, but to also quickly notify all property owners and assist them with the removal of the graffiti; and Whereas: The City of Buffalo should have in place a strategy or program to aid in the removal of graffiti throughout the City, as well as notify property owners of their responsibility to remove it and let them know how the City can help either financially or through manpower. Therefore Be It Resolved: That this Common Council requests that the Mayor and his Administration devise a strategy or program to quickly notify and assist property owners, who have been victimized by graffiti, either with the costs associated with removal or the swift removal of the graffiti; and Be It Further Resolved: That the Administration file a response to this resolution with the City Clerk no later than February 3, 2006, at 2:00 PM; and Be It Finally Resolved: That this resolution be sent to the Finance Committee for further discussion. REFERRED TO THE COMMITTEE ON BUDGET, CORPORATION COUNSEL, DIRECTOR OF CITIZEN SERVICES NO. 100 BY: MR. DAVIS INCREASED APPROPRIATION FIRE DEPARTMENT That, Pursuant to §20-11 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the appropriation in the Capital Budget for the current fiscal year, be and the same hereby is increased in the sum of $350,000. The increased appropriation will be met from the increase in Franchise Fee EMS revenue. From: That, the Comptroller be and hereby is authorized and directed to increase the revenue estimate of account: 10214205 - 321304 Franchise Fee EMS $335,000 10654205 -321304 Franchise Fee EMS $15,000 Total $350,000 To: To meet the increased appropriation as set forth below: 12142001 - 411001 Salary $100,007.86 12142001 - 413002 Holiday, $2,938.93 12142001 - 414001 Longevity $1,875.00 12142001 - 414007 Perfect Attendance $2,884.84 12142001 - 414002 Holiday $700.00 12142001 - 415002 Clothing Allowance $300.00 12142004 - 458001 Travel Expense $4,000.00 12142004- 458003 EMS Online Education $37,500.00 12142004 - 458003 Memberships $1,000.00 12142004 - 464000 Publications $10,000.00 12142005 -461002 Office Supplies $200.00 12142005 - 461300 Medical Supplies $5,000.00 12142006 -432002 Blood Pressure Testing $15,000.00 12142006 - 480000 Licensing Fees $15,000.00 12142007 - 474100 Computers $42,000.00 12142007 - 474100 Automatic Ext Defibrillator $62,693.37 12142007 - 474100 Office Equipment & Furniture $1,900.00 12142007 - 474200 EMS Supervisor Vehicle $47,000.00 Total $350,000 PASSED AYES - 9 NOES - 0 NO. 101 BY: MR. DAVIS TRANSFER OF FUNDS COMMON COUNCIL - LEGISLATIVE That pursuant to §20-12 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the sum of $2,500 be and the same is hereby transferred within Common Council Legislative and said sum is hereby reappropriated as set forth below: From 10105001 – 411001 $2,500 10111001 –411001 $2,500 PASSED AYES - 9 NOES - 0 NO. 102 BY: MR. DAVIS TRANSFER OF FUNDS COMMON COUNCIL- LEGISLATIVE That pursuant to §20-12 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the sum of $5,000 be and the same is hereby transferred within Common Council Legislative and said sum is hereby reappropriated as set forth below: From 10105001 –411001 $5,000 To 10102001 – 412002 $5,000 PASSED AYES - 9 NOES - 0 NO. 103 BY: BRIAN C. DAVIS A.D. PRICE, SEQRA LEAD AGENCY DESIGNATION Whereas: On January 5, 2006 the Buffalo Urban Renewal Agency, in the attached communication, requested Lead Agency status for the purpose of undertaking the required State Environmental Quality Review; and Whereas: The project, as defined under SEQRA is an Unlisted action for which a coordinated environmental review will be completed. Now, Therefore be it Resolved: That the Buffalo Common Council, as an involved agency, hereby consents to the Buffalo Urban Renewal Agency acting as Lead Agency Status; and Be it Finally Resolved: That upon approval of this Resolution, The Council will execute the attached consent and return it to the Buffalo Urban Renewal Agency. PASSED AYES - 9 NOES - 0 NO. 104 SPONSOR: BRIAN C. DAVIS STOP SIGN AT WADSWORTH AND HUDSON STREETS Whereas: The residents of Wadsworth, Hudson and Allen Streets have complained that a traffic hazard exists at the intersection of Wadsworth and Hudson Streets because there is no Stop Sign; and Whereas: The Allen Street area receives a high volume of traffic and cars driving down Wadsworth to Allen Street tend to speed making the area unsafe for pedestrians; and Whereas: In the interest of safety, a Stop Sign is needed at the intersection of Wadsworth and Hudson Streets to slow down the traffic approaching Allen Street. Now Therefore Be It Resolved That: The Common Council requests the Department of Public Works to place a stop sign at the corner of Wadsworth and Hudson Streets. REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO. 105 BY MR. DAVIS RE: AMENDMENT OF PARKS AGREEMENT FOR THE TRANSFER OF JOHNNIE B. WILEY SPORTS PAVILION Whereas: The City of Buffalo is the current fee simple owner of various parks, parkways, recreation areas and recreational facilities, including the Johnnie B. Wiley Sports Pavilion, collectively "parklands" lying and being in the City; and Whereas: As of July 1, 2004, the City of Buffalo entered into an agreement with the County of Erie for the operation, management and improvement, including maintenance, of the City of Buffalo Parklands; and Whereas: The Buffalo City School District and the Chartered City of Buffalo Johnnie B. Wiley Community Board has expressed its need for, and desire, to use the Sports Pavilion, in conjunction with Masten Park, for its sports programs and events and wishes to enter into an agreement for the exclusive control, use, operations and maintenance of the Sports Pavilion and Park; and Whereas: The Buffalo City School District, in conjunction with the Joint Schools Construction Board, and the City of Buffalo Johnnie B. Wiley Community Board has an opportunity to invest several million dollars into the much needed improvements and repairs to the facility and surrounding area; and Whereas: This window of opportunity is quickly closing. Now, Therefore, Be It Resolved That: The Common Council of the City of Buffalo hereby requests the speedy approval by the Erie County Legislature to amend the Intermunicipal Cooperation Agreement for the Operation, Management and Improvement of City of Buffalo Parklands to remove the Johnnie B. Wiley Sports Pavilion and surrounding Masten Park from the agreement to allow for the transfer of the operation, management and improvement of the Johnnie B. Wiley Sports Stadium and Masten Park area to the City of Buffalo School District and the Johnnie B. Wiley Community Board. PASSED AYES - 9 NOES - 0 NO. 106 BY. MR. FRANCZYK APPOINT REGISTRAR OF VITAL STATISTICS I hereby appoint Gerald Chwalinski City Clerk as the Registrar of Vital Statistics, and Diana Rico Deputy City Clerk Vital Statistics as Deputy Registrar in accordance with the New York State Department of Health requirements. ADOPTED NO. 107 BY: MR. FRANCZYK SUPPORT SALES TAX SHARING WHEREAS: The New York State Assembly has proposed legislation sponsored by Assembly members Paul Tokasz, Crystal Peoples and Mark Schroeder that allocates a quarter percent from future collections of the extra penny of Erie County Sales Tax to all cities and municipalities in Erie County; and, WHEREAS: Out of the $30 - million, or 25 percent of the additional one percent that would be shared, the City of Buffalo would receive 12.5 percent, or $14.7 million of the extra penny per year; and, WHEREAS: The Assembly proposal restores fairness to the past sales tax agreement which effectively denied hundreds of millions dollars to Buffalo since the inception of the additional penny two decades ago; and, WHEREAS: All municipalities in the county will better be able to manage their finances as well as provide critical services during difficult economic times as a result of a fair sharing of the sales tax, as represented by the Assembly proposal; and, WHEREAS: A companion bill needs to be introduced and approved by the New York State Senate, although State Senator Dale Volker has spoken favorably about the extra penny sales-tax sharing proposal, suggesting a one-year implementation time line; NOW THEREFORE BE IT RESOLVED: That the Common Council fully supports the New York State Assembly bill authorizing a twenty-five percent share of the additional Erie County extra penny sales tax to Buffalo and all Erie County municipalities; BE IT FINALLY RESOLVED: That the Common Council requests that the New York State Senate approve a companion bill in the senate authorizing a twenty-five percent share of the additional Erie County extra penny sales tax to Buffalo and all Erie County municipalities. ADOPTED NO. 108 BY MR. GOLOMBEK AND ALL COUNCILMEMBERS. A TIME FOR CHANGE Whereas: The City of Buffalo continues to progress and gain fiscal stability as evidenced by the recent year end results of operation which saw the City achieve a $39 million dollar Fund Balance; and Whereas: The City has not seen similar success in the agencies and authorities that it has created as evidenced by the monetary penalties levied by HUD against the Buffalo Urban Renewal Agency (BURA), the recent HUD investigation of the Buffalo Municipal Housing Authority (BMHA), the continuing sewer rate increases in the Buffalo Sewer Authority (BSA); and Whereas: While the reasons for the lack of success in the agencies and authorities are many, the success enjoyed by the City is due in large part to its strong Charter and Code, the interaction of its department based structure, a check and balance system that utilizes a separately elected Mayor, Comptroller and Common Council and the current interplay of the Buffalo Fiscal Stability Authority (BFSA); and Whereas: The time is now for the City to proactively reexamine the roles of the agencies and authorities it has created by recapturing and eliminating some if not all of the duplicative functions within the separate agencies and authorities, such as but not limited to purchasing, human resources, budgeting, accounting, auditing and other related support functions; and Whereas: Centralizing the cited functions within the City will reduce the cost for providing government services, and increase accountability by the agencies, authorities and the City and its employees, officers and elected officials as relates to Federal and State government, BFSA, City resident and taxpayer oversight. Now Therefore Be It Resolved That: This Council requests that Mayor Brown and his staff together with the Comptroller, launch an immediate effort to integrate the duplicative operations of the cited authorities and agencies, such as but not limited to the Purchasing, Human Resources, Budgeting, Accounting and Auditing, etc, functions, into City Government. And Be It Further Resolved That: This effort focus on eliminating duplicative agency and authority operations by merging them within existing City departments, centralizing government services and increasing convenience and access thereto, creating economies of scale for all involved, and downsizing government by merging operations within the City thereby allowing the Board of Directors of the agencies and authorities to focus on the unique role assumed by their creation. And Be It Further Resolved That: This effort review amending the applicable laws to facilitate Board membership to include the Mayor, the Comptroller, the Common Council, and/or their designated representative, in an ex-officio capacity to bring more focus and accountability to the Boards of Directors and the role of the agency / authority in overall City governance. And Be It Further Resolved That: That this Council be provided with Bi-monthly updates of the progress of this effort and that the Common Council committees on Legislation and Budget monitor this initiative. And Be It Further Resolved That: That a copy of this resolution be forwarded to the Buffalo Fiscal Stability Authority to enable them to enjoin this Council and this City in this effort. ST ADOPT 1 AND FINAL RESOLVE THE REMAINDER REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 109 MR. GOLOMBEK 50 COURT STREET ENVIRONMENTAL REVIEW WHEREAS: The Buffalo Common Council (Council), as an involved agency, has conducted an environmental assessment for the proposed Ellicott Development Company Court Towers Project in accordance with the provisions of the New York State Environmental Quality Review Act (SEQR); and WHEREAS: The proposed project, after various modifications, will involve the following: construction of an eleven floor, 335,000 sq.ft., mixed use building containing office and commercial space; construction within the structure of one and a half levels of underground parking for 138 vehicles; provision of a 15 foot stepback along the Court Street side of the building, as required by City code; modification of the overall exterior of the building from a pre-cast stone design to a glass curtain wall design (although the building will retain a three story precast stone design along Court Street); property acquisition; related landscaping; exterior lighting; improvements/installation of public utilities; and new curbs, sidewalks and driveways. The total cost of the project is $16,000,000; and WHEREAS: In August 2003, the Applicant submitted a Full Environmental resubmitted to the City in December of 2003. The Council, in completing the mandated Part II of the EAF, has conducted its own independent review and analysis of the information provided and the potential environmental effects from the proposed project. The Council was assisted in its review by legal, engineering, planning, and economic staff and professionals; and NOW THEREFORE BE IT RESOLVED: That as a result of its environmental review, the Council has determined that the undertaking of this action will not constitute an action which would have significant adverse impacts on the quality of the environment. No further environmental review of this action will be conducted prior to project implementation, and a Draft Environmental Impact Statement will not be prepared; and BE IT FURTHER RESOLVED: That in making this determination of significance, the Council reviewed the Full Environmental Assessment Form, and additional information, and : identified relevant areas of concern; and has thoroughly analyzed the identified relevant areas of environmental concern and has determined that the action would not have a significant adverse impact on the environment; and BE IT FINALLY RESOLVED: That the Council has reviewed and agrees with the Amended Negative Declaration prepared by the Buffalo Urban Renewal Agency. The Negative Declaration for this action, and the completed Part II of the EAF, prepared by the Council and the Amended Negative Declaration prepared by the Buffalo Urban Renewal Agency in accordance with the provisions of Section 617.7 of SEQR, are attached. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 110 BY: MR. KEARNS CO-SPONSORS: NYPA SETTLEMENT AUTHORIZATION Whereas The New York Power Authority (NYPA) is seeking a fifty-year license from the Federal Energy Regulatory Commission (FERC) to continue to operate the Niagara Power Project, and Whereas The Federal Power Act, Section 10, directs FERC to provide mitigation compensation/settlements for damages to the natural environment, including lost recreational opportunities and environmental quality, and WHEREAS: NYPA made an initial offer to the city of Buffalo and the county of Erie of $2 million annually for fifty years, and Whereas In May of 2005, US Representative Brian Higgins advanced an alternative settlement of $10 million per year, with those funds being directed to the newly established Erie Canal Harbor Development Corporation (ECHDC) for uses restricted to the design and construction of new waterfront projects including parks, public access and transportation infrastructure improvements, and Whereas The initial NYPA offer was clearly insufficient to address the impact of the Niagara Power Project in this region; its insufficiency was transmitted to NYPA via resolutions adopted unanimously by this Honorable Body, as well as by other public officials and legislative bodies, and Whereas In 2005, the Common Council of the City of Buffalo quickly and unanimously supported Congressman Higgins' alternative proposal and its focus on local control of increased resources directed to repairing the damaged natural environment and reclamation of lost recreational opportunity due to the industrial use at the waterfront, and Whereas In a parallel action, the Erie County Legislature stood alongside this Honorable Body and also unanimously adopted a resolution in support of the Higgins proposal, thus rejecting as insufficient the initial NYPA offer, and Whereas Armed with the support of the Buffalo Common Council and the Erie County Legislature, the fight for a fair and equitable settlement for Western New York gained the backing of other members of the federal congressional delegation, then-Mayor Anthony Masiello and Mayor Byron Brown of the City of Buffalo, County Executive Joel Giambra, Mayor Norman Polanski of the City of Lackawanna, state and local elected officials and boards and councils representing many towns and villages including Hamburg, Angola, Eden, Evans, Marilla, Holland, labor leaders, Buffalo Place, the Southtowns Walleye Association and thousands of citizens, and Whereas In early December, 2005, the City of Buffalo, together with the County Executive, obtained an offer from NYPA that nearly tripled the $2 million a year to $279 million directed to waterfront remediation and redevelopment over a fifty year period, and Whereas This settlement requires adoption of an inter-municipal agreement which must be in the best interests of the City of Buffalo and approved by the Buffalo Common Council; NOW, THEREFORE, BE IT RESOLVED: That the Common Council of the City of Buffalo does hereby reaffirm its commitment to the successful and expeditious redevelopment of the Lake Erie shoreline and of the waterfront areas of the city of Buffalo in particular; and BE IT FURTHER RESOLVED: That this Honorable Body does hereby authorize the Mayor to execute such agreements as necessary and appropriate to obtain a settlement with NYPA in connection with the City's interests in the relicensing of the Niagara Power project, only if such agreements are consistent with each and all of the terms outlined herein: 1. Such agreement must provide that NYPA will make available to the ECHDC $2.5 million annually, or an amount equal to the sum of $1 million and the proceeds of the sale of five megawatts of Niagara hydropower, whichever is greater, each year for a period of fifty years, commencing with the issuance of the license for the Niagara Power Project in 2007; 2. Such agreement must provide that NYPA will additionally provide, either directly or via Empire State Development, $1 million per year each year for a period of fifty years, commencing with the issuance of the license for the Niagara Power Project in 2007, or a lump sum payment equivalent to the estimated value of $1 million per year over fifty years, either directly or via Empire State Development, such estimation being made using a generally accepted method and a generally accepted assumed rate of inflation, such as the Federal Bureau of Labor Statistics' Consumer Price Index for All Urban Consumers, and not a discounted assumed rate of inflation; Such agreement must provide that NYPA will additionally provide the ECHDC with $2 million within sixty days of the execution of this settlement agreement for the construction of interpretive design elements in the vicinity of the Erie Canal Harbor Commercial Slip, and an additional $2 million payment for the same purpose on the one-year-anniversary of the initial payment; 3. Such agreement must provide that NYPA shall relocate the ice boom to another location subject to approval by the ECHDC and any national or international agencies which must approve such a move from the land upon which the Ice Boom is presently stored at Buffalo's Outer Harbor, and that ECHDC will pay no more than $1 for said transfer, and that said transfer shall occur as soon as the ice boom is moved to its new site, or within five years of the execution of this settlement, whichever is sooner; 4. Such agreement must provide that NYPA direct all payments which result from this settlement, other than the $2 million provided annually for the Erie County Greenway Fund, to the ECHDC to be used solely for acquisition, remediation, demolition, design, engineering and construction associated with development and revitalization activities in the vicinity of Buffalo's Inner and Outer Harbor areas; 5. Such agreement must provide that NYPA will make available $2 million to the Erie County Greenway Fund each year for a period of fifty years, commencing with the issuance of the license for the Niagara Power Project in 2007; and BE IT FURTHER RESOLVED: That the Mayor is hereby directed to file a copy of the Final Settlement Agreement with the Common Council as soon as it is fully executed by all parties; and BE IT FINALLY RESOLVED: That the City Clerk shall forward certified copies of this resolution to the Honorable Mayor; to the Honorable Erie County Executive and Legislature; to the to the members of the state and federal legislative delegations; to the ECHDC; to the Olmsted Parks Conservancy; to the Niagara Greenway Commission; and to the Secretary of the Board of Trustees of NYPA. Michael P. Kearns ST ADOPT 1 RESOLVE THE REMAINDER REFERRED TO THE SPECIAL COMMITTEE ON WATERFRONT DEVELOPMENT NO. 111 MR. KEARNS, MR. GOLOMBEK HOME RULE MESSAGE SENATE BILL #02844, ASSEMBLY #06910, "AN ACT TO AMEND THE PUBLIC AUTHORITIES LAW, IN RELATION TO ADDING TWO MEMBER POSITIONS TO THE NIAGARA FRONTIER TRANSPORTATION AUTHORITY BOARD OF DIRECTORS." WHEREAS: In response to a resolution passed by the Common Council in December 2004, a Bill has been introduced in the New York State Senate #02844 and the New York State Assembly #06910 to amend the public authorities law to add two representatives from the City of Buffalo to the Niagara Frontier Transportation Authority (NFTA) Board of Directors; and WHEREAS: The State legislation, which established the Niagara Frontier Transportation Authority in 1967 provides that the NFTA shall consist of an eleven member board of directors with a chairperson and ten other members appointed by the Governor; and WHEREAS: The legislation further provides that of the ten members other than the chair, one shall be appointed upon the written recommendation of the Erie County Executive and one shall be appointed upon the written recommendation of the Erie County Legislature; and WHEREAS: The NFTA is currently considering proposals to develop waterfront property located in the City of Buffalo, which will directly impact Buffalo; and WHEREAS: Just as Erie County has representation on the NFTA board of directors, the City of Buffalo should have a voice and input into what development occurs on its waterfront by having representation on the NFTA board of directors; and WHEREAS: The residents of the City of Buffalo make up the largest customer base for the NFTA and should be represented on the NFTA board; and WHEREAS: Senate Bill #02844 and Assembly Bill #06910 provides the City of Buffalo two seats on the NFTA Board with one upon the written recommendation of the Mayor of Buffalo and one upon the written recommendation of the Buffalo Common Council. NOW THEREFORE BE IT RESOLVED: That the Common Council of the City of Buffalo hereby goes on record in support of Senate Bill #02844 and Assembly Bill #06910. BE IT FURTHER RESOLVED: That the City Clerk is hereby authorized and directed to forward certified copies of this resolution and to send copies thereof to the Home Rule Counsel of the Senate and the Assembly and to Governor George Pataki, to Assembly Speaker Sheldon Silver, to the Assembly Majority Leader Paul Tokasz, to the Secretary of the Senate, to the Senate Majority Leader Joseph Bruno, and to members of the Western New York Legislative delegation. BE IT FINALLY RESOLVED: That this item is referred to an appropriate Committee of the Council for further deliberations. ADOPTED NO. 112 BY MRS. RUSSELL CITY OF BUFFALO LOCAL LAW NO. --- (2006) INTRODUCTORY NO. ~ (2006) A LOCAL LAW amending the Charter of the City of Buffalo in relation to the Department of Police BE IT ENACTED BY THE COMMON COUNCIL OF THE CITY OF BUFFALO AS FOLLOWS: Section 1. That Article 13 of the Charter of the City of Buffalo, adopted pursuant to law, is hereby amended as follows: §13-8 Qualifications. The chiefs of police shall be appointed from the ranks of detective sergeant, lieutenant, captain, or inspector, and shall have at least seven (7) ,/ears experience in law enforcement. [from ranks not lower than lieutenant.] Section 2. Insofar as the provisions of this local law are inconsistent with the provisions of any other local law or act, the provisions of this local law shall be controlling. Section 3. This local law shall take effect immediately. IT IS HEREBY CERTIFIED, pursuant to Section 20 of the Municipal Home Rule Law, that the immediate passage of this Local law is necessary. APPROVED AS TO FORM Corporation Counsel NOTE: Matter under lined is new, matter in brackets is to be deleted. REFERRED TO THE COMMITTEE ON LEGISLATION, THE CORPORATION COUNSEL AND THE COMMISSIONER OF HUMAN RESOURCES AYES – BONIFACIO, COPPOLA, FONTANA, FRANCZYK, KEARNS, -5 NOES – DAVIS, GOLOMBEK, RUSSELL, THOMPSON - 4 NO. 113 BY: ANTOINE M. 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: Judy Kirkland Jody Wienke Maria Pietras James Bagarozzo Total 4 ADOPTED NO. 114 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, January 31, 2006 at 9:45 o'clock A.M. Committee on Finance following Civil Service Tuesday, January 31, 2006 at 10:00 o'clock A.M. Committee on Legislation Tuesday, January 31, 2006 at 2:00 o'clock P.M. Committee on Comm. Dev. A.M. Wednesday, February 1, 2006 at 10:30 o'clock Special Committees Special Comm. Dev. Mtg. Thursday, January 26, 2006 at 11:00 o'clock A.M. in Room 1417 City Hall on the COB Comprehensive Plan. Waterfront Development Friday, January 27, 2006 at 11:00 o'clock A.M. in the Council Chambers to discuss the NYPA Settlement Authorization. Bi-National Bridge Thursday, February 2, 2006 at 2:00 o'clock P.M. in Room 1417 City Hall. (Public Disclaimer): All meetings are subject to change and cancellation by the respective Chairmen of Council Committees. In the event that there is sufficient time given for notification, it will be provided. In addition, there may be meetings set up whereby the City Clerk's Office is not made aware; therefore, unless we receive notice from the respective Chairmen, we can only make notification of what we are made aware. NO. 115 ADJOUMMENT On a motion by Mr. Bonifacio, Seconded by Mr. Coppola, the Council adjourned at 3:40 pm GERALD CHWALINSKI CITY CLERK BOARD OF POLICE AND FIRE PENSION PROCEEDINGS #1 OFFICE OF THE MAYOR-201 CITY HALL JANUARY 19, 2006 Present: Byron W. Brown, Mayor; David A. Franczyk, Council President; Frank Belliotti, Deputy Comptroller, Michael Risman-Corporation Counsel-4 The Journal of the last meeting was approved. NO. 1 I transmit herewith the Pension Payroll for the Fire Pension Fund for the month of January 2006 amounting to $5,610.00, and request that echecks be drawn to the order of the persons named herein for the amounts stated. Adopted Ayes-4. Noes-0. NO. 2 I transmit herewith the Pension Payroll for the Police Pension Fund for the month of January 2006 amounting to $6,565.00, and request that echecks be drawn to the order of the persons named herein for the amounts stated. Adopted Ayes-4. Noes-0. NO. 3 On motion by Mr. Belliotti, the City of Buffalo Police and Fire Pension Board Meeting adjourned at 11:10 a.m.