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Home My WebLink About07-0529 (2) No. 11 COMMON COUNCIL PROCEEDINGS OF THE CITY OF BUFFALO MAY 29, 2007 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 DEMONE A. SMITH - MASTEN MICHAEL J. LO CURTO - DELAWARE JOSEPH GOLOMBEK JR. - NORTH MICHAEL P. KEARNS - SOUTH REGULAR COMMITTEES CIVIL SERVICE COMMITTEE: Bonnie E. Russell Chairman, Brian C. Davis, Richard A. Fontana, Michael J. LoCurto -Members CLAIMS COMMITTEE: Michael Kearns Chairman, Dominic J. Bonifacio Jr., Richard A. Fontana, Joseph Golombek, Jr.,- Members COMMUNITY DEVELOPMENT COMMITTEE: Joseph Golombek, Jr. Chairman, Richard A. Fontana, Michael J. LoCurto, Bonnie E. Russell, Demone Smith - Members FINANCE COMMITTEE: Brian C. Davis, Chairman, Dominic J. Bonifacio, Jr., Michael Kearns, Michael J. LoCurto, Bonnie E. Russell - Members. LEGISLATION COMMITTEE: Richard A. Fontana, Chairman, Dominic J. Bonifacio Jr., Joseph J. Golomberk Jr., Michael P. Kearns, Bonnie E. Russell - Members RULES COMMITTEE: David A. Franczyk, Chairman, Dominic J. Bonifacio Jr., Bonnie E. Russell - Members SPECIAL COMMITTEES BUDGET COMMITTEE: Dominic J. Bonifacio, Jr., Chairman, Brian C. Davis, Richard A Fontana, Joseph Golombek, Jr. Bonnie E. Russell - Members MINORITY BUSINESS ENTERPRISE COMMITTEE-,Demone Smith Chairman Brian C. Davis, Richard A. Fontana, Bonnie E. Russell Members EDUCATION COMMITTEE ;Demone Smith Chairman, Michael P. Kearns, Bonnie E. Russell Members WATERFRONT DEVELOPMENT COMMITTEE – Michael P. Kearns, Chairman, Brian C. Davis, Richard A. Fontana, Joseph J. Golombek, Jr. – Members INVOCATION - PLEDGE TO FLAG ***FINAL*** **MAY 29, 2007*** MAYOR 1. Appt.-Bflo. Water Board APP W/COND 2. Designation of Nominees-Reappt.-Bd. Of Trustees of Bflo/Erie Co. Library LEG, COLL 3. Mayor Reported Out of State R&F MAYOR - EXECUTIVE 4. Plan. Bd. Neg. Decl.-Bethel Comm. Dev.-25-29 Elsie Place R&F 5. Plan Bd.-Neg. Decl.-Luxury Condominiums-301-311 West Utica Street R&F 6. Strat. Plan-Results of Negotiations-401 Busti (Ell) CD 7. Strat. Plan.-Sale of 2 Girard Place to FLARE APP COUNCIL PRESIDENT 8. R. Cozzi-Main Huron LLC-Complaints-Room 101-3160 Main St. LEG, EDPI, POL ASSESSMENT/TAXATION 9. Req. Appr. Of Cert. Of Adjusted Base Proportions-2007 Roll APP 10. Req. Appr. Of Cert. Of Current Base Proportions-2007 Roll APP 11. Req. Ext. to 1995 PILOT Agree.-Hertel Pk. Associates FIN PUBLIC WORKS, PARKS & STREETS 12. Notif. Serials#10167-#10170 (Waive 45 day) R&F 13. Bids-Fire Engine 32, Ladder 5, Roof Reconst.-Job. #0728 (Fill) APP 14. Bids-McKinley Monument-Emerg. Masonry Reconst.-Job #0734 (Ell) APP 15. Bids-M. L. King Park Site Improvements-EPF Grant (Masten) APP 16. Bids-Sycamore Village Subdivision-Prop. Waterline & Sewer Line APP 17. Change in Contract-Broadway Garage-Blk. Heaters/Video Surv. System-Job #0633 (Ell) APP 18. Cultural/Recreational Easement-Erie Co. & Bflo. Zoo APP 19. Great Lakes & St. Lawrence Cities Initiative-Water Conservation ADOPT 20. Ord. Amend.-Chapter 437-Taxicabs & Liveries-Install Taxi Stands-W. Seneca St. APP 21. Perm. To Hire Eng. Consultant Roadway Const.-Sycamore Village Subdivision FIN 22. Perm. To Hire Env. Eng. Consultant-Post Closure Monitoring-Squaw Island Pk. Remed. Proj. APP 23. Perm. To Purchase Vehicles-Streets Div.-2007 Capital Budget APP W/COND 24. Appt. Supv of Street Sanitation I (Prov)(Inter) CS POLICE 25-24A. Gun BuyBack Program APP 26-25. Appt.-Police Captain (Cont. Perm.) (Max) CS 27-26. Appt.-Police Captain (Perm.) (Max) CS 28-27. Appt.-Police Lt. (Perm.) (Max) CS 29-28. Appt.-Police Lt. (Cont. Perm.) (Max) CS 30-29. Appt.-Detective Sergeant (Perm.) CS 31-30. Appt.-Detective Sergeant (Cont. Perm.) CS 32-31. Appt.-Detective (Perm.) CS 33-32. Appt.-Detective (Cont. Perm.) CS ECONOMIC DEVELOPMENT & PERMITS/INSPECTIONS 34-33. Food Store License-2250 Seneca (So) LEG 35-34. Food Store License-163 W. Ferry (Niag) LEG 36-35. Sidewalk Café License-1122 Hertel (Del) APP 37-36. Sidewalk Café License-1264 Hertel (Del) LEG 38-37. Sidewalk Café License-85 West Chippewa (Ell) LEG 39-38. Used Car Dealer-1905 Genesee (Lovejoy) (Resubmit) LEG 40-39. Wholesale Junk License-41 Hannah (Fill) (Resubmit) LEG 41-40. Appt.-Bldg. Inspector (Inter#3) CS ADMINISTRATION, FINANCE, POLICY & URBAN AFFAIRS 42-41. B. Davis-W. VanCott-Req Removal of Parking Meters on South Elmwood LEG 43-42. New York State Legislative Efficiency Incentive Grant FIN CITY CLERK 44-43. Liquor License Applications R&F 45-44. Leaves of Absence R&F 46-45. Notices of Appointments - Council Interns ADOPT 47-46. Notices of Appointments - Mayor’s Program R&F 48-47. Notices of Appointments - Seasonal R&F MISCELLANEOUS 49-48. J. Azzallera-Elmwood Village Assn.-Opp. Proposed Addition-1081 Elmwood LEG 50-49. D. Bonifacio-Model Quality of Life Centers (Draft) LEG 51-50. B. Davis-J. Little-Cathode Ray-26 Allen St.-Info.-Outdoor Patio LEG, EDPI 52-51. B. Davis-Comments-Bflo. Municipal Pkg. System FIN 53-52. B. Davis-L. P. Ciminelli-Bflo Schools Renov. Program-Refinance of Phases/Add. Fndg. APP 54-53. M. Kearns-M. Whyte Est Neighborhood Empowerment Teams R&F 55-54. J. Kolaga-Comments-Proposed Pano’s Development LEG 56-55. C. Slater-LLP-RiverWright, LLC-Ethanol Energy Plant-Summary Rpt.-Cert. Of Env. Justice Plan Imple. R&F 57-56. R. Stanton-Appeal-Denial of Cert. Of Exception/Conditions of Cert. Exception-72-76 Pearl St. (Hrg. 6/19) LEG, EDPI 58-57. A. Thompson-Police Blotter in Community Newspapers R&F 59-58. C. Van Ness-Pres. Coalition-Opposition to Bass Pro, Erie Canal CD, EDPI 60-59. P. Wolf-T. Wanamaker-BERC Buffalo Niagara Enterprise CD 61-60. P. Wolf-M. Currie-BERC-Loan Activity March & April 2007 CD 62-61. P. Wolf-M. Gregg-BERC Marketing Plan CD PETITIONS 63-62. K. Reyes, Agent, Use 257 W. Genesee St.-Free Standing Signs (Ell) (Hrg. 6/5) LEG, CP BD 64-63. F. Inglima (per Doyle), Owner, Use 1264 Hertel-Sidewalk Café (Del) (Hrg. 6/5) LEG, CP BD 65-64. D. Pennacchio, Agent, Use 1065 Elmwood-Roof Atop Restaurant, Repairs (North) (Hrg. 6/5) LEG, CP BD 66-65. R. LaRusch, Agent, Use 511 Ohio-Frame Shelter/Storage Room Add. (Fill) (Hrg. 6/5) LEG, CP BD 67-66. C. Manning-Agent, Use 1120 Main St.-Auto Collision Work (Niag.) (Hrg. 6/5) LEG, CP BD 68-67. G. Deganis, Owner, Use 565 Elmwood-for Encroachment-ROW (Niag.)(No Pub Hrg Req) LEG, CP BD RESOLUTIONS th 99-68. Davis 50 Annual Allentown Art Festival APP ST 100-69. Franczyk Lack of Quality of Life Crime Reports ADOPT 1 RES.; REM- LEG, EDPI, POL 101-69A. Golombek The Establishment of Elmwood Avenue Design Guidelines LEG, EDPI, CC, PLAN BD 102-70. Kearns Appoint Senior Legislative Assistant ADOPT 103-71. LoCurto James Costello Appt. to Bicycle/Pedestrian Advisory Board LEG, COLL 104-72. Smith Budget Amendments RULES 105-73. Smith Diversity Hiring Goals MBEC, COMM. SVS., COMPT 106-74. Smith Comm. Of Deeds ADOPT 107-75. Smith Comm. Of Deeds Req. for Public Performance ADOPT SUBMISSION LIST OF COMMITTEE ITEMS FOR THE COUNCIL MEETING CLAIMS PERSONAL INJURY A 1 Joseph Chimera $ 4,500.00 APP 69- A 2 Margaret A. King-Reen & John R. Keen $ 47,500.00 APP A 3 John Radke $ 2,000.00 APP 70- A 4 Joseph A. Shields $ 6,000.00 DENY A 5 Carmen P. Dowdall $ 3,000.00 APP 71- A 6 Augustus & Nancy Graziano $ 75,000.00 APP A 7 Constance M. Cuddihy PNG Amanda Cuddihy $ 5,000.00 APP A 8 James A. Clark $ 4,000.00 APP PROPERTY DAMAGE B 1 Max Becker Jr. $ 396.54 APP B 2 David Drew $ 54.00 APP 72- B 3 Sandra Haines $ 1,526.73 APP B 4 Brian Hayes $ 94.90 APP B 5 Rose Jackson $ 244.69 APP B 6 Kemper Inc. a/s/o Elaine Cohen $ 820.95 APP 73- B 7 Joseph Komorowski $ 799.18 RECOMMIT B 8 Julie Mancuso $ 297.54 APP 74- B 9 Michelle Mitchell $ 726.94 APP B 10 NFTA Metro $ 29,806.17 APP B 11 Regina Nati $ 45.99 APP 75- B 12 Janine Radl $ 200.00 APP 76- B 13 Jessie Schmidt $ 2,019.15 APP B 14 Eric Thompson $ 3,257.66 APP MISCELLANEOUS INVOICE C 1 Connors & Vilardo, LLP $ 796.04 APP 77- C 2 Thomas M. Hines, Arbitrator $ 900.00 APP C 3 Garnell Smith $ 740.00 APP MISCELLANEOUS REIMBURSEMENTS 78- D 1 Bart Montesano $ 500.00 APP CIVIL SERVICE 79-1. Com 29 May 15 Appt.-Account Clerk-Typist (Inter) (PW) APP 80-2. Com 30 May 15 Appt.-Deputy Director of Telecommunications (Max) (PW) APP 81-3. Com 31 May 15 Appt.-Supv. Of Street Sanitation I (Inter) (PW) APP 82-4. Com 32 May 15 Appt.-Motor Equip. Mechanic (Max) (Pol) APP 83-5. Com 33 May 15 Appt.-Motor Equip. Maint. Supv. I (Inter) (Fire) APP 84-6. Com 34 May 15 Appt.-Supt. Of Fire Vehicle Maint. (Inter) (Fire) APP 85-7. Com 52 May 15 Notices of Appt.-Temp./Prov./Perm. (C. Clk.) R&F 86-8. Com 37 Apr 3 Residency Waiver-Robert Leach-Comm. Of MIS (HR) R&F LEGISLATION 87-9. No 69 May 15 J. Dwyer, Agt., Use 1081 Elmwood Ave.-Restaurant (North) (Hrg. 5/22) RECOMMIT 88-10. No 70 May 15 P. Le, Agt., Use 348 Dewitt-Addl. Pkg. Spaces in Lot (Niag.) (Hrg. 5/22) APP 89-11. No 71 May 15 M. Agha, Owner, Use 1175 Hertel Ave.-Place Outdoor Patio to Front of Store/Rest. (Del) (Hrg. 5/22) APP W/COND 90-12. No 72 May 15 R. Sasala, Owner, Use 253 Allen-Create Outdoor Patio to Rear of Rest/Bar (Ell) (Hrg. 5/22) APP W/COND 91-13. No 73 May 15 E. Hurzy, Agt., Use 2310 Delaware-Illum. Grnd Sign (North) (No Pub Hrg Req) APP 92-14. Com 1 May 15 Appt.-Exam. Bd. Of Plumbers (Mayor) R&F 93-15. Com 15 May 15 Notif. Serial #10159-60 (PW) R&F 94-16. Com 36 May 15 Food Store License-1445 E. Delavan (Lovejoy) (EDPI) RECOMMIT 95-17. Com 37 May 15 Food Store License-1981 Fillmore (Masten) (EDPI) RECOMMIT 96-18. Com 44 May 15 Used Car Dealer-466 Southside (South) _______________________________________________APP W/5 CAR LIMIT COMMUNITY DEVELOPMENT 97-19. Com 43 May 15 Transferring Outer Harbor Land to the COB (EDPI) WTRFRNT 98-20. No 54 Apr 17 M. Overdorf-294 Louisiana R&F COMMON COUNCIL CITY HALL - BUFFALO TUESDAY, MAY 29, 2007 AT 2:00 P.M. PRESENT – David A. Franczyk, President of the Council, and Council Members Bonifacio, Davis, Fontana, Golombek, Kearns, LoCurto, Russell and Smith – 9. ABSENT – On a motion by Mr. Bonifacio, seconded by Mr.Fontana, the minutes of the stated meeting held on May 15, 2007 FROM THE MAYOR NO. 1 Appointment - Buffalo Water Board Pursuant to Section 1048-F, Article 5, Title 2B of the New York State Public Authority Law, I hereby appoint the following individuals to serve on the Buffalo Water Board for a 1 year term, commencing immediately and expiring April 30, 2008: Appointments: William L. Sunderlin, 152 Bryant Street, Buffalo, New York 14222 Mr. Sunderlin is the Operations Manager for ENrG, Inc., a Fuel Cell development and manufacturing company. He also serves as President of the Bryant, Oakland, Summer Street Association. He is an Industrial Engineer with 22 years of experience in materials and project management. Gerald Kelly, 759 Bird Avenue, Buffalo, New York 14209 Mr. Kelly, a commercial real estate and mortgage broker, is President of Kelly Capital, Inc. He is a graduate of Pomona College, Syracuse University's Maxwell School and the University of Buffalo. He has 20 years of private real estate investment and financing experience. I hereby certify that the above named individuals are fully qualified to serve as members of the Buffalo Water Board. Mr. Bonifacio moved: That the appointment of William Sunderlin and Gerald Kelly of the City of Buffalo are hereby approved on the condition that they do not owe any outstanding liens to the City of Buffalo. PASSED AYES - 9 NOES –0 NO. 2 Designation of Nominees for Reappointment to the Board of Trustees of the Buffalo and Erie County Library Pursuant to Section 6212 of the Unconsolidated Laws, being Chapter 768, Section 2 of the Laws of 1953, transmitted herewith are my designated nominees to the Board of Trustees of the Buffalo and Erie County Public Library. Frank Gist 409 Wyoming Avenue Buffalo, NY 14215 Frank Gist is currently a journalist and seasoned writer for the Buffalo Criterion newspaper. Mr. Gist is well-informed on community issues and is an advocate for community change. Having previously served as a Buffalo firefighter and a member of the Library Board, Mr. Gist will work to ensure that our city's assets are protected. I am sure that his leadership and interpersonal skills coupled with his solid entrepreneurial ability will prove invaluable to the Library Board. Sharon A. Thomas 76 Benwood Avenue Buffalo, NY 14214 Sharon Thomas is the Chief Clerk of Buffalo City Court. She is responsible for Court operations, Criminal Records Division and all aspects of its day-to-day operations. She is affiliated with numerous civic organizations and the recipient of many awards, including the Black Achievers Award. I hereby certify that the above designees are fully qualified to serve as members of the Board of Trustees of the Buffalo and Erie County Library. REFERRED TO THE COMMITTEE ON LEGISLATION AND DIVISION OF COLLECTIONS NO. 3 Mayor Byron W. Brown Out of Town Travel Pursuant to Section 4-4 of the City of Buffalo Charter, I hereby designate Corporation Counsel Alisa Lukasiewicz to perform the Mayor's duties from Sunday, May 20, 2007 until the evening of Wednesday, May 23, 2007. I will be out of town and will return to the office on Thursday, May 24, 2007. RECEIVED AND FILED FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE CITY PLANNING BOARD NO. 4 NEGATIVE DECLARATION 25-29 ELSIE PLACE NOTICE OF DETERMINATION OF NON- SIGNIFICANCE This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (SEQR- State Environmental Quality Review) of the Environmental Conservation Law. Lead Agency: City of Buffalo Planning Board Room 901, City Hall 65 Niagara Square Buffalo New York 14202 As per the provisions of SEQR, the Lead Agency has reviewed the following action as it relates to the environment: Action Title Bethel Community Development, Location 25-29 Elsie Place 25-29 Elsie Place Type of Action: Unlisted Description: Bethel Community Development Corporation is proposing to construct a new home on the property located at 25-29 Elsie Place, Buffalo New York. The project that is part of the Cold Springs Homes Phase II-B will consist of a single family home for low to moderate income families. The Juliet model is the model home that will be constructed at this location. The home will include approximately thirteen hundred (1,300) square feet of living space and an attached garage. The home will be part of a cluster of existing units already built during the Phase I and Phase II of the Cold Springs New Home Project• The estimated cost of this project is one hundred fifty thousand dollars ($150,000). As a result of this Environmental Review, the Lead Agency has determined the undertaking of this action will not have a significant adverse affect on the quality of the environment. No further environmental review of this action will be conducted prior to project implementation and a Draft Environmental Impact Statement will not be prepared. Reasons Supporting This Determination: The facts and reasons for this decision are as follows: The proposed project is part of a long-term strategy to revitalize the Cold Springs neighborhood and the surrounding community. The proposed new home will add to the thirteen homes that have already been sold to low to moderate income families• The identified potential negative impacts appear to be primarily short-term site preparation and construction related activities, and do not appear to be significant in magnitude or effect. There are no actions, which will have a significant adverse impact on the environment. For further information relative to this Negative Declaration, contact Mr. Martin Grunzweig, Land Use Controls Coordinator, Room 901 City Hall, Buffalo New York 14202 - 716 851-5085 RECEIVED AND FILED NO. 5 NEGATIVE DECLARATION 301-311 WEST UTICA NOTICE OF DETERMINATION OF NON- SIGNIFICANCE This notice is issued pursuant to Part 817 of the implementing regulations pertaining to Article 8 (SEQR - State Environmental Quality Review) of the Environmental Conservation Law. Lead Agency: City of Buffalo Planning Board Room 901, City Hall 65 Niagara Square Buffalo New York 14202 As per the provisions of SEQR, the Lead Agency has reviewed the following action as it relates to the environment: Action Title Luxury Condominiums Location 301-311 West Utica Street Type of Action: Unlisted - Coordinated Description: FJF Development-Utica Condos, LLC (Architect, Frizlen Group) is proposing to construct a luxury condominium project on the property located at 301-311 West Utica Street, Buffalo New York. The twelve (12) luxury condominium units with secured parking under the building are designed for maximum environmental, technical and aesthetic qualities. The developer is attempting to meet the Leadership of Environmental and Energy Efficient Design rating (LEED) by applying strategies that will include a high energy efficient building envelope with high performance heating and cooling systems, rainwater collection systems and low water-use fixtures, use of low-emitting interior materials, passive solar designs and the use of recycled and or rapidly renewable regional building materials. The building will include one and two story lofts all of which will include underground secured parking, the use of smart technology to monitor heating and cooling systems for maximum efficiencies, ample outdoor space with balconies and private roof terrace for all loft units, fireplaces and all units will be pre-wired for high speed internet, cable and telephone. A building height and rear yard variance will be required from the City of Buffalo Zoning Board of Appeals. The condominium project will be funded privately and the estimated cost will be approximately four million, five hundred thousand ($4,500,000) dollars. As a result of this Environmental Review, the Lead Agency has determined the undertaking of this action will not have a significant adverse affect on the quality of the environment. No further environmental review of this action will be conducted prior to project implementation and a Draft Environmental Impact Statement will not be prepared. Reasons Supporting This Determination: The facts and reasons for this decision are as follows: The proposed project will add new housing to one of the City of Buffalo's premier neighborhoods and eliminated two problem properties that will be demolished in the near future. The identified potential negative impacts appear to be primarily short-term site preparation and construction related activities, and do not appear to be significant in magnitude or effect. Short term parking and sidewalk concerns raised by the neighboring property owners will be enforced by the appropriate city departments. There are no actions, which will have a significant adverse impact on the environment. For further information relative to this Negative Declaration, contact Mr. Martin Grunzweig, Land Use Controls Coordinator, Room 901 City Hall, Buffalo, New York 14202 - 716 851-5085. RECEIVED AND FILED FROM THE OFFICE OF STRATEGIC PLANNING No. 6 Results of Negotiations 401 Busti, 198.50' NW Hudson Vacant Lot: 23' x 122' Assessed Valuation: $1,800 (Ellicott District) The Office of Strategic Planning, Division of Real Estate has received a request to purchase 401 Busti Avenue from Mr. Samuel Ramos, 399 Busti Avenue, Buffalo, New York 14201. Mr. Ramos owns and resides at 399 Busti, which is adjacent to 401 Busti Avenue and intends to use this vacant lot for additional green space. The Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. The Division of Real Estate has investigated the sale of similar residential lots in the subject area. Sales range from Thirty-Five Cents ($.35) to One Dollar ($1.00) per square foot. The results of our negotiations are that Mr. Ramos has agreed and is prepared to pay One Thousand Eight Hundred Dollars ($1,800), Sixty-Five Cents ($.65) per square foot for the subject property. Mr. Ramos 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 401 Busti Avenue to Mr. Samuel Ramos in the amount of One Thousand Eight Hundred Dollars ($1,800). I am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 7 SALE OF 2 GIRARD PLACE TO FILLMORE LEROY AREA RESIDENTS, INC. (FLARE) ASSESSED VALUATION: LAND $2,400 TOTAL $3,400 The Office of Strategic Planning has received a request from the Fillmore Area Residents, Inc. (FLARE) to acquire title to 2 Girard Place. The City of Buffalo acquired 2 Girard through tax foreclosure on November 13, 2006 for the purpose of demolishing the vacant structure. The property at 2 Girard consists of a 2836 square foot, two and one half story brick and frame structure in poor condition. The improvements are situated on a lot having a frontage of 30 feet with a depth of 165 feet. FLARE is proposing to acquire 2 Girard for One Dollar ($1.00) and will pay for all costs associated with the transfer of title. As additional consideration of the transfer, FLARE is proposing to renovate and convert this two family into a six bedroom single family home. The acquisition and renovation costs will be financed with HOME Funds in the amount of $193,000.00. After renovation the property will be sold by FLARE to a Iow/mod income qualified buyer. I am recommending the sale and transfer of title of 2 Girard to the Fillmore Leroy Area Residents (FLARE) for the following reasons: 1. FLARE will assume all costs associated with the acquisition, renovation and re sale of the property. 2. The City of Buffalo will save cost of demolition of the property. 3. An architecturally significant structure will be saved and converted to a single-family residence. 4. The property will be returned to the tax rolls. I am further recommending that Your Honorable Body to approve the transfer of title for 2 Girard to the Fillmore Leroy Area Residents (FLARE) Housing Development Agency upon the above mentioned terms and conditions; and that the Mayor be authorized to execute the documents for the transfer of title. Mr. Bonifacio moved: That the above communication from the Office of Strategic Planning, Division of Real Estate, dated May 15, 2007 be received and filed; and That the offer from Fillmore Area Residents, Inc. (FLARE), in the sum of one dollar and no more ($1.00) for the purchase of 2 Girard Place, be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Corporation Counsel be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES – 9 NOES – 0 FROM THE PRESIDENT OF THE COUNCIL NO. 8 COMPLAINTS 3160 MAIN ST My name is Ronald Cozzi and I own the Old Editions Book Shop at 74 E. Huron St. in Downtown Buffalo. l have been operating a book store in Buffalo at various locations, for 31 years. In 1990, my wife and I bought a commercial building in Buffalo, at 3162 Main Street as an investment property. We have 2 st "d stores on the 1floor, and 6 apartments on the 2floor of the building. Things have gone fairly well until last year, when a bar opened next door to our building. After receiving numerous complaints from our tenants about the Ioud noise coming from the bar next door, l happened to be one of the apartments after 11 PM, doing some painting. I was horrified to hear the windows shaking in our apartments on the second floor. Unbelievably loud music and noise was coming from the bar next door, penetrating and vibrating our building at 3162 Main. This bar called Room 101, located at 3160 Main St., had opened next door to our property. The bar is in the middle of a nd block surrounded by buildings with 2floor apartments, all subjected to this high volume noise. Between the hours of 11 pm and 4 am, there is a loud disturbance, in and in front of the bar. Since the bar opened, we have had a problem with cleaning up vomit in the ground floor doorways of our building, sometimes 2 or 3 times a week. There seems to be a lot of"binge drinking" going on in this bar. Smokers gather in front where they litter, and often vomit in the recessed doorway of our building next door. The kids drop cigarette butts and empty plastic beer glasses all over, creating a mess the next day. Considering that the beautification project of this neighborhood has just been completed, it is surprising that the city would allow this kind of activity to ruin the neighborhood. It doesn't seem appropriate to aIlow a noisy bar in a neighborhood where there are so many apartments. I am also surprised that the State Liquor Authority would allow this. Two of our tenants have already moved out of our apartments because of this late-night noise problem. We cannot rent our apartments under these conditions. Our tenants have given up calling the police, because nothing has been done to enforce the city noise ordinance. My tenants often have to push through the crowd to get into the door of my apartment building. They are fearful of going in and out. One of our tenants, Faith Douglas, called the police many times. The police either didn't come, or if they did, they just told the bar owner to lower the music. Minutes after the police left, the volume went up again. Miss Douglas said she would no longer call the police and she has moved out because of the noise. I keep getting desperate phone calls from my tenants, and I don't know what to do. One night, there was a fight in our front entranceway, and the glass on our front door was broken, l would appreciate your help, as this has become a critical situation. I respectfully request that the City of Buffalo not renew this bar's license to operate in this neighborhood. REFERRED TO THE COMMITTEE ON LEGISLATION, COMMISSINER OF EDPI AND THE COMMISSIONER OF POLICE FROM THE COMMISSIONER OF ASSESSMENT AND TAXATION NO. 9 Request Approval of Certificate of Adjusted Base Proportions 2007 Roll Attached find Certificate of Adjusted Base Proportions. I am respectfully requesting that Your Honorable Body approve the aforementioned Certificate pursuant to Article 19 of the Real Property Tax Law. Article 19 was added to the Real Property Tax Law in 1981 for the purpose of mitigating the shift of taxes to residential property as a result of reassessment in municipalities with a homestead and a non-homestead taxing system. A proportional ratio is established between the two classes in the base year, the roll used for certification as an approved assessing unit. For the City of Buffalo our base year is 1991. Thereafter each successive roll is adjusted for changes in the number and values of parcels in the two classes and the ratio is applied to determine the amount of the levy to be collected from each class of properties. This Certificate was prepared by this department with the assistance of the New York State Office of Real Property Service, pursuant to the Real Property Tax Law and the Rules and Regulations of the Office of Real Property Service. Upon approval of this Certificate, kindly direct the City Clerk to sign, date and forward said Certificate to the New York State Office of Real Property Service, Equalization Rate Bureau, 16 Sheridan Avenue, Albany, New York 12210-2714. Also, kindly direct the City Clerk to furnish this department with a copy of the approved Certificate. Mr. Bonifacio moved: That the above communication from the Commissioner or Assessment and Taxation, dated May 21, 2007 be received and filed; and That the Common Council approves the Certificate of Adjusted Base Proportions pursuant to Article 19 of the Real Property Tax Law. Upon approval of this Certificate, the City Clerk is authorized to sign, date and forward said Certificate to the New York State Office of Real Property Service, Equalization Rate Bureau, 16 Sheridan Avenue, Albany, New York 12210-2714 and to provide the Department of Assessment & Taxation with a copy of the approved Certificate. PASSED AYES – 9 NOES – 0 NO. 10 Request Approval of Certificate of Current Base Proportions 2007 Roll Attached find Certificate of Base Percentages, Current Percentages and Current Base Proportions. I am respectfully requesting that Your Honorable Body approve the aforementioned Certificate pursuant to Article 19 of the Real Property Tax Law. Article 19 was added to the Real Property Tax Law in 1981 for the purpose of mitigating the shift of taxes to residential property as a result of reassessment in municipalities with a homestead and a non-homestead taxing system. A proportional ratio is established between the two classes in the base year, the roll used for certification as an approved assessing unit. For the City of Buffalo our base year is 1991. Thereafter each successive roll is adjusted for changes in the number and values of parcels in the two classes and the ratio is applied to determine the amount of the levy to be collected from each class of properties. This Certificate was prepared by this department with the assistance of the New York State Office of Real Property Service, pursuant to the Real Property Tax Law and the Rules and Regulations of the Office of Real Property Service. Upon approval of this Certificate, kindly direct the City Clerk to sign, date and forward said Certificate to the New York State Office of Real Property Service, Equalization Rate Bureau, 16 Sheridan Avenue, Albany, New York 12210-2714. Also, kindly direct the City Clerk to furnish this department with a copy of the approved Certificate. Mr. Bonifacio moved: That the above communication from the Commissioner or Assessment and Taxation, dated May 21, 2007 be received and filed; and That the Common Council approves the Current Percentages and Current Base Proportions pursuant to Article 19 of the Real Property Tax Law. Upon approval of this Certificate, the City Clerk is authorized to sign, date and forward said Certificate to the New York State Office of Real Property Service, Equalization Rate Bureau, 16 Sheridan Avenue, Albany, New York 12210-2714 and to provide the Department of Assessment & Taxation with a copy of the approved Certificate. PASSED AYES – 9 NOES – 0 NO. 11 Req. Extension of 1995 PILOT Agreement-Hertel Park Associates Item #138, C.C.P. 5/1/07 This will respond to your Honorable Body's May 2, 2007 request for comments from the Department of Assessment and Taxation concerning the Resolution sponsored by Delaware District Councilmember Michael LoCurto to extend the 1995 PILOT Agreement for Hertel Park Associates. The property involved is the Hertel Park Senior Citizen Complex located at 1631 Hertel Avenue, consisting of 138 senior citizen apartments. This property is assessed as 1607 Hertel Avenue and is assessed to Hertel Park Associates. I note that the owner is identified as "1995 Hertel Park Associates" in your Honorable Body's May 2, 2007 communication requesting comments. The correct name of the assessed owner is Hertel Park Associates. I have included the correct name in the subject line above. The PILOT Agreement at issue was entered into in 1995 for a term of ten (10) years and will expire on June 30, 2006 at the close of fiscal year 2006. Without an approved extension to the subject PILOT Agreement, the property will be fully taxable for the City of Buffalo 2007-08 fiscal year commencing July 1, 2007. Therefore, an extension will be required to prevent the property from becoming fully taxable for fiscal year 2007-08. The Department of Assessment and Taxation has no objection to an extension of the PILOT Agreement for the subject property. REFERRED TO THE COMMITTEE ON FINANCE. FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO. 12 Notification Serial# 10167 No Standing - Repeal on West Seneca Street, north side between Pearl Street and Main Street (Ellicott District) NO STANDING - REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 22 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing there from the following: NO STANDING PROHIBITED PORTION OF HIGHWAY West Seneca Street, north side between Pearl Street and Main Street PROHIBITED PERIOD - DAILY This action is being taken in conjunction with the Downtown Buffalo Parking Infrastructure Task Force study to provide more user-friendly on-street parking in Downtown Buffalo. Notification Serial # 10168 Repeal No Parking on Seneca Street, north side between Main Street and Washington Street (Ellicott District) NO PARKING - REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 24 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing there from the following: NO PARKING PROHIBITED PORTION OF HIGHWAY Seneca Street, north side between Main Street and Washington Street PROHIBITED PERIOD At all times This action is being taken in conjunction with the Downtown Buffalo Parking Infrastructure Task Force study to provide more user-friendly on-street parking in Downtown Buffalo. Notification Serial # 10169 Install Metered Parking on West Seneca Street, north side between Pearl Street and Main Street (excluding existing No Parking and No Standing areas) (Ellicott District) PERMISSIVE PARKING - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days alter the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 29 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: METERED PARKING Metered Parking Locations West Seneca Street, north side between Pearl Street and Main Street (excluding existing No Parking and No Standing areas) Period of Metered Parking 2 Hour Parking 8:00 am to 5:00 pm Monday - Friday Rate of Metered Parking Rate C $1.00 per hour 2 hour maximum This action is being taken in conjunction with the Downtown Buffalo Parking Infrastructure Task Force study to provide more user-friendly on-street parking in Downtown Buffalo. Notification Serial# 10170 Install Metered Parking on Seneca Street, north side between Main Street and Washington Street (excluding existing No Parking and No Standing areas) Ellicott District) PERMISSIVE PARKING - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days alter the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 29 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: METERED PARKING Metered Parking Locations Seneca Street, north side between Main Street and Washington Street (excluding existing No Parking and No Standing areas) Period of Metered Parking 2 Hour Parking 8:00 am to 5:00 pm Monday - Friday Rate of Metered Parking Rate C $1.00 per hour 2 hour maximum This action is being taken in conjunction with the Downtown Buffalo Parking Infrastructure Task Force study to provide more user-friendly on-street parking in Downtown Buffalo. RECEIVED AND FILED WAIVE 45 DAYS NO. 13 Report of Bids Fire Engine 32, Ladder 5 Roof Reconstruction Job #0728 Fillmore District I advertised for on April 24, 2007 and received the following formal sealed bids for Fire Engine 32, Ladder 5, Roof Reconstruction, on May 9, 2007. Weaver Roofing $198,500.00 40 Appenheimer, Buffalo, NY Jameson Roofing $206,338.00 106 Evans, Hamburg, NY Progressive Roofing $209,500.00 331 Grote, Buffalo, NY Jos. A. Sanders & Sons $227,577.00 99-117 Lathrop, Buffalo, NY Grove Roofing Services $235,300.00 131 Reading, Buffalo, NY I hereby certify that the foregoing is a true and correct statement of all bids received and that Weaver Roofing, with a bid of One Hundred Ninety Eight Thousand Five Hundred and 00/100 Dollars ($198,500.00), is the lowest responsible bidder in accordance with the plans and specifications. I recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to order the work on the basis of the low bid. Funds for this project are available in 39320406 445100 - Division of Buildings. Mr. Bonifacio moved: That the above communication from the Acting Commissioner of Public Works, Parks and Streets dated May 16, 2007, be received and filed; and That the Acting Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to award a contract for Fire Engine 32, Ladder 5, Roof Reconstruction, to Weaver Roofing, the lowest responsible bidder, in the amount of $198,500.00. Funds for the project are available in 39320406 445100 - Division of Buildings. PASSED AYES – 9 NOES – 0 NO. 14 Report of Bids McKinley Monument Emergency Masonry Reconstruction Job #0734 Ellicott District The Commissioner of Public Works, Parks & Streets requested and received the following emergency bids for the McKinley Monument, Masonry Reconstruction. The monument in general, and fountain in particular sustained substantial damage over the winter from freeze-thaw cycles. Without the reconstruction work, the fountain cannot be operated this year. Morris Masonry Restoration, LLC $26,500.00 40 Appenheimer, Buffalo, NY The Department of Public Works, Parks & Streets will enter into a contract with Morris Masonry Restoration, LLC, in the amount of Twenty Six Thousand Five Hundred and 00/100 Dollars ($26,500.00). Funds for the work are available in 36321006 445100 - Monuments - Division of Buildings. Mr. Bonifacio moved: That the above communication from the Acting Commissioner of Public Works, Parks and Streets dated May 17, 2007, be received and filed; and That the Acting Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to award a contract for McKinley Monument, Masonry Reconstruction, Job #0734 to Morris Masonry Restoration, LLC, the lowest responsible bidder, in the amount of $26,500.00. Funds for the project are available in 36321006 445100 - Monuments - Division of Buildings. PASSED AYES – 9 NOES – 0 NO. 15 REPORT OF BIDS M.L. KING PARK SITE IMPROVEMENTS - EPF GRANT (MASTEN) I advertised on April 25, 2007 and have received the following bids for the Martin Luther King Park Site Improvements - EPF Grant contract, which were publicly opened & read on May 16, 2007. Site improvements under this contract shall include reconstructed pathways, tennis courts, and fencing. Alternates to be included are for resetting the bluestone in front of the greenhouse and for re-roofing two park shelters. General Contractor Base Bid AIt. #1 AIt. #2 AIt. #3 Total Bid Louis Del Prince & Sons, Inc. $276,230.00 $12,460.00 $4,010.00 $4,010.00 $296,710.00 580 Cayuga Road Cheektowaga, NY 14225 Scott Lawn Yard $279,896.00 $14,000.00 $4,500.00 $4,500.00 $302,896.00 5552 Townline Road Sanborn, NY 14132 Occhino Paving $309,690.78 $19,844.34 $1,740.00 $1,740.00 $333,015.12 2650 Seneca Street West Seneca, NY 14224 I hereby certify the foregoing is a true and correct statement of the bids received and that Louis Del Prince & Sons, Inc. of Cheektowaga, NY is the lowest responsible bidder in accordance with the plans and specifications; and that the contract amount is $296,710.00. I request that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to order the work on the basis of the low bids. The Engineer's estimate for this work was $295,000.00 and funds for this work are available in bond account 30311406-445100. Mr. Bonifacio moved: That the above communication from the Acting Commissioner of Public Works, Parks and Streets dated May 22, 2007, be received and filed; and That the Acting Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to award a contract for Martin Luther King Park Site Improvements, to Louis Del Prince & Sons, Inc., the lowest responsible bidder, in the amount of $296,710.00. Funds for the project are available in bond account 30311406 445100. PASSED AYES - 9 NOES - 0 NO. 16 REPORT OF BIDS SYCAMORE VILLAGE SUBDIVISION PROPOSED WATERLINE AND SEWER LINE This is to advise Your Honorable Body that I have advertised and received four (4) bids in regard to the above mentioned contract. In obtaining these bids for the above project, I have asked for unit price covering various items of work and material, which will be performed. The final cost of the work will be based on the actual measured quantifies of materials entering into the work and may be either more or less than the total bid. The following bids were received: Contractor Base Bid Total Bid Price C. Destroy Development. $397,344.00 $437,078.40 2255 Bailey Avenue Buffalo, NY 14211 Kidney Company $402,561.00 $442,817.10 19 Rangier Drive West Seneca, NY 14224 Vision Construction, Inc. $443,285.00 $487,613.50 79 Sheldon Avenue Depew, NY 14013 Mark Crone, Inc. $484,840.00 $533,324.00 P.O. Box 3009 Niagara Falls, NY 14304 I hereby certify that the lowest responsible bidder for the above project is C. Destroy Development and I respectfully recommend that Your Honorable Body authorize a contract award to C. Destroy Develooment in the amount of $437,078.40. (Base Bid of $397,344.00 + [10% unit price increases] $39,734.40 equals [Total Award] $437,078.40.) Funds for this project are available from the Buffalo Sewer Authority and the Buffalo Water Division. The attached is certified to be a true and correct statement of the bid received. Under provisions of the General Municipal Law, any of the bidders may withdraw his bid if an award of the contract is not made by July 7, 2007. Individual bid submissions are available in our office for inspection and copies are available upon request. Mr. Bonifacio moved: That the above communication from the Acting Commissioner of Public Works, Parks and Streets dated May 23, 2007, be received and filed; and That the Acting Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to award a contract for Sycamore Village Subdivision, Proposed Waterline and Sewer Line, to C. Destro Development, the lowest responsible bidder, in the amount of $437,078.40 (Base Bid of $397,344.00 + [ 10% unit price increases] $39,734.40 equals [Total Award] $437,078.40). Funds for the project are available from the Buffalo Sewer Authority and the Buffalo Water Division. PASSED AYES - 9 NOES - 0 NO. 17 CHANGE IN CONTRACT BROADWAY GARAGE BLOCK HEATERS & VIDEO SURVEILLANCE SYSTEM JOB #0633 ELLICOTT DISTRICT I hereby submit to Your Honorable Body the following changes for the Broadway Garage, Block Heater & Video Surveillance System, Metro Electric & Communications, C #92011244. 1. Furnish and install additional outlets and temp sensor. Add $ 1,271.00 2. Furnish and install one (1) additional camera. Add $ 4,844.00 The foregoing change results in a net increase in the contract of Six Thousand One Hundred Fifteen and 00/100 Dollars ($6,115.00). Current Contract Amount $58,844.00 Amount of This Change Order (#1) $ 6,115.00 Revised Contract Amount $64,959.OO Costs have been reviewed by the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in 38320906 445100 - Buildings. Mr. Bonifacio moved: That the above communication from the Acting Commissioner of Public Works, Parks and Streets dated May 14, 2007, be received and filed; and That the Acting Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue change order No. 1, to Metro Electric & Communications, an increase in the amount of $6,115.00, as more fully described in the above communication, for work relating to Job No. 0633, Broadway Garage, Block Heater & Video Surveillance System, C #92011244. Funds for this project are available in 38320906 445100 - Buildings. PASSED AYES - 9 NOES - 0 NO. 18 CULTURAL/RECREATIONAL EASEMENT ERIE COUNTY AND BUFFALO ZOO Erie County has approved a $400,000 grant to the Buffalo Zoological Society for a rainforest exhibit. In order to comply with applicable funding and bonding requirements, the City, as the owner of the project site, must approve and execute the attached cultural and recreational easement to allow this project to move forward The total project cost is $16 million dollars and approval of this easement will allow for acceptance of the County's $4,000,000 grant allocation. The term of the easement is for 15 years and it is requested that Your Honorable Body approve the easement and authorize Mayor Brown to enter into all necessary agreements to expedite this project. Mr. Bonifacio moved: That the above communication from the Acting Commissioner of Public Works, Parks and Streets dated May 23, 2007 be received and filed; and That the Mayor be, and he hereby is authorized to enter into a 15 year Cultural and Recreational Easement Agreement with the County of Erie to assist the Zoological Society of Buffalo, Inc. in the construction of a South American Rainforest Exhibit in the grant amount of $400,000. PASSED AYES - 9 NOES - 0 NO. 19 GREAT LAKES AND ST LAWRENCE CITIES INITIATIVE WATER CONSERVATION Mayor Brown recently received a letter, (copy attached), from the Great Lakes and St. Lawrence Cities Initiative, in regard to conservation efforts to protect and restore the Great Lakes and St. Lawrence River. This letter requested a resolution as follows to signify the City of Buffalo's intent to participate in these efforts. WHEREAS, the Great Lakes, including Superior, Michigan, Huron, Erie and Ontario, the St. Lawrence River, and the connecting channels from the largest surface fresh water system on earth; WHEREAS, the waters of the Great Lakes and St. Lawrence River basin are a shared public treasure; WHEREAS, the Great Lakes and St. Lawrence basin includes significant portions of eight states, including Illinois, Indiana, Michigan, Minnesota, New York, Ohio, Pennsylvania, and Wisconsin and two Canadian provinces, Ontario and Quebec; WHEREAS, over 40 million people inhabit the Basin, representing one-tenth of the US population and one-quarter of the Canadian population; WHEREAS, only one percent of the water in the Great Lakes in renewed each year; WHEREAS, the health and well-being of the region, its people, and future generations depend heavily on the integrity of the resource; WHEREAS, it is understood that sustaining accessible and adequate water supplies are essential to the people and economies of the cities within the Basin; WHEREAS, cities must act to ensure the protection and conservation of the waters and water dependent natural resources of the Basin for future generations; WHEREAS, effective water conservation and water stewardship involve a municipal commitment to the best management practices and effective public outreach tools; WHEREAS, a conservation strategy outlining what constitutes responsible water planning, use and management would reinforce the municipal commitment to conservation; WHEREAS, the Great Lakes and St. Lawrence Cities Initiative has developed a Water Conservation Framework for municipal water conservation and stewardship that embodies this strategy, will help the dissemination of best management practices and tools and allows signers the flexibility necessary to meet commitments in a way that reflects their community needs and circumstances and addresses differences in water sources, quantity and usage; WHEREAS, by voluntarily signing on to the Great Lakes and St. Lawrence Cities Initiative Water Conservation Framework, municipalities indicate their intent to enhance the stewardship of the water resource within their jurisdictions; WHERAS, the City of Buffalo has committed to participating in the Great Lakes and St. Lawrence Cities Initiative Water Conservation Framework; NOW, THEREFORE, BE IT RESOLVED, the City of Buffalo will continue to work towards achieving a further reduction in total water usage through their current Water Conservation Program beyond reductions that have already occurred providing the reductions are in line with our water system capabilities. BE IT FURTHER RESOLVED, that the City of Buffalo will pass ordinances and resolutions, if necessary, to help implement the city's plan to achieve water use reductions. I, therefore, recommend that Your Honorable Body adopt this resolution to show the City's support of these conservation efforts. ADOPTED NO. 20 ORDINANCE AMENDMENT CHAPTER 437 - TAXICABS AND LIVERIES INSTALL TAXI STANDS - WEST SENECA STREET TAXICABS AND LIVERIES - AMEND It has been requested by your Honorable Body that Taxi Stands be installed on West Seneca Street adjacent to the HSBC Center. The purpose of this Amendment is to update Chapter 437 Section 19 of the Charter and Code of the City of Buffalo in order to allow for this change to be made on the affected street. It is therefore requested that Chapter 437, Section 19 of the Charter and Code of the City of Buffalo (Taxi Stands) be amended by adding thereto the following: Name of Street Side Location and Restrictions Number of Cabs West Seneca Street South Between Main Street and a point 60' south therefrom. 3 Mr. Bonifacio moved: That the above communication from the Acting Commissioner of Public Works, Parks and Streets dated May 18, 2007, be received and filed; and That the Corporation Counsel be, and she hereby is authorized to prepare an Ordinance Amendment amending Chapter 437, Section 19 of the Charter and Code of the City of Buffalo (Taxi Stands) amended as above. PASSED AYES – BONIFACIO, FONTANA, FRANCZYK, GOLOMBEK, KEARNS, LOCURTO, RUSSELL, SMITH – 8 NOES – DAVIS - 1 NO. 21 PERMISSION TO HIRE ENGINEERING CONSULTANT ROADWAY CONSTRUCTION - SYCAMORE VILLAGE SUBDIVISION Permission is hereby requested from Your Honorable Body to take proposals and hire an engineering consultant for design, contract administration and inspection services related to the roadway construction for the Sycamore Village Subdivision. REFERRED TO THE COMMITTEE ON FINANCE. NO. 22 PERMISSION TO HIRE ENVIRONMENTAL ENGINEERING CONSULTANT POST CLOSURE MONITORING-SQUAW ISLAND PARK REMEDIATION PROJECT Permission is requested from Your Honorable Body to take proposals and hire an environmental engineering consultant for post closure monitoring services associated with the Squaw Island Park Remediation Project. These services include groundwater testing, fish species sampling, wetlands documentation and mandated quarterly reporting to the NYSDEC as part of the consent order for this project. Funds for this work are available in Capital Project account #'s 38310206, 300335106 and 31548906. Costs are not expected to exceed $87,500. Mr. Bonifacio moved: That the above communication from the Acting Commissioner of Public Works, Parks and Streets dated May 23, 2007 be received and filed; and That the Acting Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to hire an environmental engineering consultant for post closure monitoring services related to the Squaw Island Park Remediation Project. Funds for this project are available in Capital Project Account #s 38310206, 300335106 and 31548906. PASSED AYES - 9 NOES - 0 NO. 23 PERMISSION TO PURCHASE VEHICLES STREETS DIVISION-2007 CAPITAL BUDGET The 2007 City of Buffalo Capital Budget was approved with an item in the amount of $839,950.00 for vehicle purchases in the Streets Division. As a result, our department is requesting permission from Your Honorable Body to purchase the following: (2) Sanitation garbage packer chassis, at an estimated cost of $100,000 each, to replace S-117 and S-1296. Final price depends on formal bids. Total $200,000. (1) Street's dump truck/plow/salt spreader combination, at an estimated cost of $150,000, to replace S-45. Final price depends on formal bid. (1) (new) Street sweeper with auto lube as per prior bid contract #7293 of 3/22/07, with a price of $130,357, to replace S- 801. (1) (new) Front end loader/plow combination at an estimated cost of $150,000, to replace S-513. Final price depends on formal bid. (3) (new) Tandem axel, full frame 32' dump trailers, at an estimated cost of $50,000 each, to replace S-352, S-397 and S- 398. Final price depends on formal. Total $150,000. (2) (new) Set of four truck/vehicle lifts, at an estimated cost of $32,000 each. Final price depends on formal bid. Total $64,000. The total estimated cost is $844,357.00 and funds are available in Capital Project Account #30500106. Mr. Bonifacio moved: That the purchase of these vehicles is approved contingent on the new vehicles being designated as not authorized for take-home use, marked with the City Seal in accordance with chapter 53 of the City Code, and concurrent with use, that the replaced vehicles be removed from City Service and disposed of in the best interests of the City. That the above communication from the Acting Commissioner of Public Works, Parks and Streets dated May 23, 2007 be received and filed; and That the Acting Commissioner of Public Works, Parks and Streets and the Director of Purchase be, and they hereby are authorized to purchase vehicles in the Streets Division as listed above in the total amount of $844,357.00. Funds for this project are available in Capital Project Account #30500106. PASSED AYES - 9 NOES – 0 NO. 24 CERTIFICATE OF APPOINTMENT Appointment Effective: in the Department of Public Works, Division of Streets to the Position of Supervisor of Street Sanitation I, Provisional PROMOTION at the INTERMEDIATE starting salary of $32,191 Nicolas F. Tomasulo, 25 Hedge Avenue, Buffalo 14222 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF POLICE NO. 25 GUN BUYBACK PROGRAM Dear Mr. Franczyk The City of Buffalo, through its Police Department, will operate a Gun BuyBack program on June 2, 2007. This program is modeled after the successful Gun BuyBack programs conducted in major cities such as Chicago, Miami, and Yonkers. At this time, the City's Gun BuyBack program has already successfully resulted in the receipt of four guns. These guns are now off the streets of the City of Buffalo. Under this program members of the public are offered an opportunity to surrender unregistered guns with no questions asked. As an incentive to surrender these guns, participants are offered pre-paid credit cards ranging in value from $10.00 to $100.00 depending upon the type of weapon surrendered. The Police Department requests the Council's authorization to allocate $30,000.00 in asset forfeiture funds towards this program. Your kind consideration of this request is greatly appreciated. Mr. Bonifacio moved That the Common Council hereby authorizes The Buffalo Police Department to utilize $30,000 in asset forfeiture funds to be used for the City’s Gun Buyback program PASSED AYES - 9 NOES - 0 NO. 26 CERTIFICATE OF APPOINTMENT Appointment Effective May 12, 2007 in the Department of Police, Division of Patrol to the Position of Police Captain CONTINGENT PERMANENT PROMOTION at the FLAT Starting Salary. $75,223 Brian D. Marten, 424 Eden Street, Buffalo, NY 14220 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 27 CERTIFICATE OF APPOINTMENT Appointment Effective May 12, 2007 in the Department of Police, Division of Patrol to the Position of Police Captain PERMANENT PROMOTION at the FLAT Starting Salary. $75,223 Guy Zagara, 651 Indian Church Road, West Seneca, NY 14224 REFERRED TO THE COMMITTEE ON CIVIL SERVICE No. 28 CERTIFICATE OF APPOINTMENT Appointment Effective May 12, 2007 in the Department of Police, Division of Patrol to the Position of Police Lieutenant PERMANENT PROMOTION at the FLAT Starting Salary. $66,315 Lance R, Russo, 2290 Sixth Street, Grand Island, NY 14072 Michael P. Quinn, 8584 Vermont Hill Rd, Holland, NY 14080 REFERRED TO THE COMMITTEE ON CIVIL SERVICE No. 29 CERTIFICATE OF APPOINTMENT Appointment Effective May 12, 2007 in the Department of Police, Division of Patrol to the Position of Police Lieutenant Contingent PERMANENT PROMOTION at the FLAT Starting Salary. $66,315 Christopher S. Kochersberger, 6453 Kevington Place, Boston, NY 14025 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 30 CERTIFICATE OF APPOINTMENT Appointment Effective May 12, 2007 in the Department of Police, Division of Detective Bureau to the Position of Detective Sergeant Permanent PROMOTION at the FLAT Starting Salary. $62,423 Jonathan Walton, 907 Peppertree Drive #9, Amherst, NY 14228 REFERRED TO THE COMMITTEE ON CIVIL SERVICE No. 31 CERTIFICATE OF APPOINTMENT Appointment Effective May 12, 2007 in the Department of Police, Division of Detective Bureau to the Position of Detective Sergeant Contingent Permanent PROMOTION at the FLAT Starting Salary. $62,423 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 32 CERTIFICATE OF APPOINTMENT Appointment Effective May 12, 2007 in the Department of Police, Division of Detective Bureau to the Position of Detective Permanent PROMOTION at the FLAT Starting Salary. $59,909 Ellen M Nowadly, 661 Terrace Blvd, Depew, NY 14043 John C. Garcia, 135 Darwin Dr, Amherst, NY 14228 REFERRED TO THE COMMITTEE ON CIVIL SERVICE No. 33 CERTIFICATE OF APPOINTMENT Appointment Effective May 12, 2007 in the Department of Police, Division of Detective Bureau to the Position of Detective Contingent Permanent PROMOTION at the FLAT Starting Salary. $59,909 Leo McGrath, 11420 Renee Court, Marilla, NY 14102 Anthony J. Lapiana, 15 Miachael’s Walk, Lancaster, NY 14086 Terrance M. Supples, 4 Sibley Drive, West Seneca, NY 14224 Laura D. Pittorf, 179 Nicholson Street, Buffalo, NY 14216 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT & INSPECTION SERVICES NO. 34 FOOD STORE LICENSE 2250 SENECA (SOUTH) 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 2250 Seneca (Family Dollar Store) 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. REFERRED TO THE COMMITTEE ON LEGISLATION. NO. 35 FOOD STORE LICENSE 163 WEST FERRY (NIAGARA) Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 163 West Ferry (Almatrahi Market) 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. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 36 SIDEWALK CAR6 LICENSE 122 HERTEL (DELAWARE) The Common Council approved a sidewalk caf6 for the restaurant located at 1122 Hertel on May 31, 2005 (C.C.P. #96). The restaurant, formerly known as The Class Act, is now owned by Michele DiBiase (Class Act). Ms. DiBiase has requested permission to install a similar car6. The Department of Permit & Inspection Services has no objection to you Honorable Body authorizing the Commissioner to issue a "mere license" to encroach City right of way provided all conditions in the above mentioned approval are met. Mr. Bonifacio moved: That the above communication from the Department of Economic Development, Permit and Inspections Services dated May 21, 2007, be received and flied; and That pursuant to Chapter 194 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services be, and he hereby is authorized to grant a "mere license" to encroach City right of way to Michele DiBiase (Class Act), located at 1122 Hertel Avenue, with conditions. PASSED AYES - 9 NOES - 0 NO. 37 SIDEWALK CAR6 LICENSE 1264 HERTEL (DELAWARE) A sidewalk car6 for the restaurant located at 431 Elmwood formerly known as La Marina, is now owned by Rosaria Inglima (Filippo's). Ms. Inglima has requested permission to Install a similar cafe. The Department of Permit & Inspection Services has no objection to yon Honorable Body authorizing the Commissioner to issue a "mere license" to encroach City right of way provided all conditions in the above mentioned approval are met. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 38 SIDEWALK CAF6 LICENSE 85 WEST CHIPPEWA (ELLICOTT) The Common Council approved a sidewalk caf6 for the restaurant located at 85 West Chippewa on July 10, 2001 (C.C.P. #110). The restaurant, formerly known as The Bah'el House, is now owned by James Sutton (Barrel House). Mr. Sutton has requested permission to install a similar cafe The Department of Permit & Inspection Services has no objection to you Honorable Body authorizing the Commissioner to issue a "mere license" to encroach City fight of way provided all conditions in the above mentioned approval are met. REFERRED TO THE COMMITTEE ON LEGISLATION. NO. 39 USED CAR DEALER 1905 GENESEE (LOVEJOY) (RESUBMIT) Pursuant to Chapter 254 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Used Car Dealer License located at 1905 Genesee and find that as to form is correct. I have caused an investigation into the premises for which said application for a used car dealer license is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspections, I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of Michael Gates. The attached thereto for Michael Gates, dba/MGM Best Buy Inc. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION. NO. 40 WHOLESALE JUNK LICENSE 41 HANNAH (FILLMORE) (RESUBMIT) ITEM NO 90 C.C.P 05/02/06 Please be advised a Wholesale Junk License works in conjunction with a Scrap Processing License. The Scrap Processing license for this address was approved by Council and issued therefore, we wish to resubmit this item to your Honorable Body for approval. REFERRED TO THE COMMITTEE ON LEGISLATION. NO. 41 CERTIFICATE OF APPOINTMENT Appointment Effective May 21, 2007 in the Department ofEconomic Development, Permit & Inspection Services Division of Inspections to the Position of Building inspector, Temporary Appointment at the Third Step of $42,597 David Gilson, 188 Tuscarora Rd, Buffalo, NY 14220 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF ADMINISTRATION, FINANCE, POLICY & URBAN AFFAIRS NO. 42 B. DAVIS-W. VANCOTT-REQ~REMOVAL OF PARKING METERS ON SOUTH ELMWOOD ITEM NO. 52, C.C.P. MAY 1, 2007 In response to the above referenced Item the Division of Parking Enforcement has already removed two parking meters at this location. After further investigation of the area we feel it is not necessary to eliminate additional meters at the location. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 43 NEW YORK STATE LEGISLATIVE EFFICIENCY INCENTIVE GRANT The City of Buffalo has been awarded an Efficiency Incentive Grant of $10,000,000. These funds are designed to support city activities to achieve recurring savings through innovations and reengineering. Attached is the list of projects that are intended to be funded with this grant. Please approve the acceptance of this grant. REFERRED TO THE COMMITTEE ON FINANCE. FROM THE CITY CLERK NO. 44 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 No address given Romeo’s Bakery Café, Inc. P. Pecoraro, Attny. 2 Templeton Terrace Shanghai Red’s D. Deil,Mgr. 452 Franklin St. Troop I Post #665 of American Legion J. Ryan Jr., Adjutant RECEIVED AND FILED. NO. 45 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-B. Andruschat, F. Puma, Jr. Fire-E. Zupkov, R. Wilkinson Corporation Counsel-E. Keller RECEIVED AND FILED. NO. 46 NOTICES OF APPOINTMENTS-COUNCIL INTERNS I transmit herewith appointments to the position of Council Intern. Mr. Bonifacio moved the approval of the appointments to the position of Council Intern. ADOPTED. Appointment Effective May 14, 2007 in the Department of Common Council, Lovejoy Division, to the position of Intern VI, Seasonal, Non-Competitive, at the flat starting salary of $10.00/hr. Tom Mazzone 88 Goethe Buffalo, NY 14206 Appointment Effective May 23, 2007 in the Department of Common Council, South District, to the position of Intern, Seasonal, Non-Competitive, at the flat starting salary of $8.00/hr. Margaret Shea 203 McKinley Parkway Buffalo, NY 14220 NO. 47 APPOINTMENTS-MAYOR’S YOUTH OPPORTUNITY & EMPLOYMENT I transmit herewith appointments made in the Mayor’s Youth Opportunities and Employments Programs. RECEIVED AND FILED. Appointment Effective May 14, 2007 in the Department of Community Services & Recreational Programming, Division of Youth, to the position of Intern VI, Seasonal, Unclassified, at the flat starting salary of $10.00/hr. Joseph S. Brown, Jr. 212 Davidson Avenue Buffalo, NY 14215 Appointment Effective February 5, 2007 in the Department of Community Services & Recreational Programming, Division of Youth, to the position of Intern III, Seasonal, Unclassfied, at the flat starting salary of $8.15/hr. Chantelle E. Brown 3435 Main Street Buffalo, NY 14214 FROM THE DEPARTMENT OF COMMUNITY SERVICES & RECREATIONAL PROGRAMMING CERTIFICATE OF APPOINTMENT Appointment Effective June 4, 2007 in the Department of Community Services & Recreational Programming Division of Youth to the Position of Intern III, Seasonal, Unclassified at the flat starting salary of $8.15/hr Eric Thibault, 574 Marilla St, Buffalo, NY 14220 Vanessa Ron, 309 North St. #12, Buffalo, NY 14201 Zaida Resto, 81 Riverside Ave, Buffalo, NY 14207 Chelsea Prophet, 207 Highgate, Buffalo, NY 14215 Autuwn People, 123 Mapleridge Ave, Buffalo, NY 14215 Anthony Pendegrass, 348 Newburgh, Buffalo, NY t42t 5 Scott Allen, 98 Geary St, Buffalo, NY 14210 Antonio Thompson, 311 Soebiski, Buffalo, NY 14211 Mel'isha Joseph, 81 Harmonia St., Buffalo, NY 14211 Daphne Inman, 183 Clarence Ave, Buffalo, NY 14215 Eamon Doyle, 54 Revere Place, Buffalo, NY 14214 Briana Freeman, 24 Highgate Ave, Buffalo, NY 14214 Robert Cabbagestalk, 60 Huntley Road, Buffalo, NY 14215 th Cassius Butler, 68 7Street, Buffalo, NY 14201 John Morrissey, 422 Crescent Ave, Buffalo, NY 14214 Jarrett Kinley-Foster, 212 Morthland Ave FL 2, Buffalo, NY 14208 Donald Zimmer II, 85 Hazelwood Ave., Buffalo, NY 14215 Locksley Williams, 256 Lisbon Lower Ave, Buffalo, NY 14215 Brian Harper, 34 Orchard place, Buffalo, NY 14214 LaNeesha Eve, 184 Jewett Pkwy, Buffalo, NY 14214 Cordell Nelson, 59 William Price Pkwy, Buffalo, NY 14214 Katlin Velez, 56 Congress St.,Buffalo, NY 14213 NO. 48 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. Appointment Effective May 15, 2007 in the Department of Strategic Planning, Division of Real Estate, to the position of Laborer II, Seasonal, at the flat starting salary of $8.15/hr. Kerwin Boswell 539 Sherman Street Buffalo, NY 14211 NON-OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON-OFFICIAL COMMUNICATIONS NO.49 OPPOSE PROPOSED ADDITION 1081 ELMWOOD AVE The Elmwood Village Association, in accordance with the Elmwood Village Design Guildlines, opposes the proposed addition at 1081 Elmwood Ave. The Elmwood Village Design Guildlines call for parking to be placed in the rear of all structures. The current site plan calls for sixteen (16) new surface parking spaces along the northern property line and northern wall of the structure. Surface parking would be highly visible from the street, further eroding the urban character of Elmwood Avenue. The total amount of parking proposed by the developer is actually more than suburban communities would allow in their zoning codes and regulations. Secondly, the Elmwood Village Design Guildlines call for structures to be mixed-use in nature. Many successful restaurants and buildings along Elmwood Avenue feature second floor offices and/or high end apartments. New apartments above Globe Market located at 762 Elmwood Avenue are a perfect example of appropriate mixed-use development and economic good sense. These apartments currently fetch over $1,000 a month in rent. The Elmwood Village Association is appreciative of the developer’s willingness to expand the current structure towards the street line and his choice of quality brick building materials for the exterior façade. Given this significant monetary investment it would be beneficial to the developer to further expand his proposal. Include second floor residential units and/or office space while expanding the first floor to accommodate additional dining along the north and south sides of the current structure. Thank you for your consideration in this matter. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 50 MODEL QUALITY OF LIFE CENTERS This is a proposal for 5 Quality of Life Centers in the City of Buffalo to be located in each of the 5 Police Districts. The Centers would function as a place for possible Neighborhood Enforcement Teams (NET) to operate from (see attached model in Rochester, NY) and each center would be staffed by a civilian coordinator. The Centers would be modeled on the former Community-Oriented Policing Satellite (COPS) Stations that existed from 1996 to 2004. The COPS Stations are now funded under a Homeland Security grant as Citizen Preparedness Centers with the primary mission of training the community in emergency preparedness. The purpose of the Quality of Life Centers would be to give the Office of Citizen Services and the Police Department a location in each of the districts to which citizens can be referred in order to resolve chronic low level crime and disorder problems that may not be resolvable by a call to 911 or to the Mayor's resolution line. They would also serve as a way for the City and the Police Department to stay connected to area block clubs and other community groups. Coordinators would also be trained in crime prevention, problem solving and block club organizing so that they can build capacity in each of the districts for the community to better prevent crime, resolve or reduce the problems in their area, and build stronger neighborhoods. The Centers and their coordinators would also serve as the link for the police in the field to the community and for the community to the police. The coordinators would be the first resource to which officers could turn for information about how to resolve a quality of life problem, be it through a referral or a problem solving meeting. The coordinators would be responsible for helping each police district develop good working relationships with block clubs and community groups and can help determine which problems need a police resource and which can be resolved without resort to the police department. The coordinators will also be able to assist the community to understand what resources are available to them to help resolve neighborhood problems and they would educate the community on the use of the Mayor's Resolution Line (or 311 once that is developed) and911. I. Mission: Assist all stakeholders in addressing quality of life issues and provide educational trainings in crime prevention, neighborhood organizing and problem solving. II. Responsibilities 1. Address quality of life issues 2. Conduct trainings 3. Work with all stakeholders & develop community contacts 4. Organize problem solving session address low level crime and disorder problems, quality of life problems 5. Keep current on trainings, materials, etc 6. Coordinate events (i.e., Great American Clean Up National Night Out, Holiday parties for community/children) 7. Organize block groups, tenant associations, business association 8. Provide Crime Prevention information 9. Develop new materials, informational brochures, fliers, power points 10. Work with immigrant/refugee populations 11. Maintain professional memberships & certifications 12. Coordinate all related activities with local government 13. Document al activities & maintain records 14. Maintain professionalism and adhere to policies/procedures/protocols of hiring agency. III. Job Requirements 1. Background check (NYSPIN and local) 2. Resume-updated 3. Hold NYS Certification (current) as a Crime Prevention Specialist 4. Sign Confidentiality Agreement and all work related protocols 5. Possess High School Diploma/GED. Preference given to applicants with two years of college, military and/or equivalent work experience 6. City of Buffalo resident (proof of residency required) 7. Valid NYS Drivers license. Vehicle preferred 8. References required (professional and personal) 9. Flexible schedule (some weekends, evenings required) 10. Possess strong community engagement skills 11. IV. Operations of Quality of Life Center • Staffed by civilians • Regular contact with other services such as police, inspections • Located at Community Centers or in Police Districts that would provide space in exchange for assistance with some programming, events such as the Great American Clean Up, National Night Out, etc. • Coordinated with Office of Citizen Services, Council Staff, BPD, Housing Court Liaisons, Good Neighbor Planning Alliances (GNPAs), Buffalo Weed and Seed; coordinate with various city services such .as inspections for referrals, recording of complaints & requests, etc. to make sure info captured by CitiStat; coordinate tasks and to avoid duplication of services • Resource for Council members • Coordinated with Erie County CAO and Erie County Board of Block Clubs for training, events, mailings • Place for volunteers, interns, and community service worker Available citywide • Strategize with police, city agencies to prioritize and address quality of life issues Issues: What would reporting structure be? (decided via funding source(s)?) Control Board approval needed? Maintenance of cameras continued? (International Mktplace) Funding sources? Areas of city that do not have a Center Relation to Citizen Services very important to decide V. Quality of Life Issues Quality of Life Issues: 1. Narcotics dealing 2. Problem properties 3. Prostitution 4. Graffiti 5. Dumping of garbage 6. Loud music or noise 7. Conflict resolution 8. Problem solving 9. Illegal parking 10. Abandoned cars 11. Elderly neglect 12. Underage drinking 13. Horn Honking 14. Gangs 15. Unsupervised Children 16. Car pops/break-ins. 17. Panhandlers 18. Homelessness 19. Found drug paraphemalia 20. Animal problems. 21. Student Parties 22. Trees/tall grass 23. Rodents - rats, bats, and skunks 24. Problem delis , 25. Welfare of neighbors 26. Neighbor disputes 27. Loitering in parks 28. Riding mini bikes / electric scooters 29. Barking dogs 30. Horn honking 31. Trash improperly contained 32. Problem tenants 33. Traffic issues VI. Trainings Staff would conduct Neighborhood Watch ID Theft Block Club Organizing Crime Prevention Personal Safety Business Safety Residence Safety Emergency Preparedness Problem Solving What to do When Stopped by the Police Crime Prevention Through Environmental Design (CPTED) Graffiti Abatement CERT training Safe Shopping for Seniors Training VII. Trainings current staff have received Previous COPS Site Coordinators received the following trainings: 40 hour Basic Crime Prevention Course certifying them with NYS as Crime Prevention Specialists. The Crime Prevention Association of Western New York and the NYS Crime Prevention Coalition sponsored this training. Each coordinator is a member of both organizations. The cost of this training was in excess of $200.00. CPTED-Crime Prevention through Environmental Design-40 hour course also sponsored by CPAWNY & NYSCPC, also costing in excess of $200.00. Working with disabled individuals CPR/AED Training ID Theft Prevention Graffiti Abatement & Graffiti Recognition Red Cross Disaster College Stalking and Cyber Stalking CERT-Community Emergency Response Team CAT Eye-Community Anti-Terrorism Training Instructor AmeriCorpsVista V.I.A.B.L.E United Neighborhoods Leadership Training Professional Stops & Seizures Train - The- Trainer Course February 2002 Safe Schools Training Program Quality Fingerprinting REFERRED TO THE COMMITTEE ON LEGISLATION NO. 51 Re: Cathode Ray, 26 Allen Street Outdoor Patio Yes, it's that time of year again. The warmer weather has finally arrived! th We at Cathode Ray are proudly celebrating our 20year of business on Allen Street and we are excited to be able to offer our loyal customers the "Outdoor Patio Experience" that they have come to love over the past several years once again this year. Additionally plans are under way for the beautification of the exterior and common areas outside of our building with the planting of flowers and the installation of the flower boxes that surround our patio. We are very appreciative and proud of the many positive and complimentary remarks that we hear every year by our patrons, neighbors and passers-by regarding the wonderful job our staff does in maintaining the area throughout the summer season. As a result of the community meeting(s) that were held last year we do understand that there needs to be a fusion of the commercial and residential aspects of our neighborhood while at the same time respecting the rich diversity that IS the Allentown District. Irrespective of the petition that was signed by many of our neighbors on North Pearl Street last year in support of our patio, we realize that there are others who are against it, if for no other reason than the fact that it exists! This year, as in previous years; we will make every effort to be "good neighbors" in our community. To that end, I have listed some voluntary measures that we will undertake to demonstrate our willingness to do our part to peacefully co-exist with our neighbors: • As in previous years, there will be no music played through exterior speakers outside of the building. • We will provide additional security personnel to monitor the patio area during our busiest times to ensure that the noise level from our customers is kept at an acceptable level. In the event that we have to speak with someone for not adhering to our noise level policy, they will be asked to leave the patio and return inside to the bar area. • When necessary, our staff has been instructed to lower the clear plastic panels that we have installed on the perimeter of the patio to help contain noise from people talking. During our evening hours of operation, we will keep the exterior door leading to the patio closed to help contain the noise from the inside of the premises. • As part of our "Respect Our Neighbors Policy, we have posted signs reminding our patrons that we expect them to maintain acceptable noise levels on the patio at ALL times. To reinforce this policy we will make frequent announcements via our interior sound system to encourage our patrons to be sensitive to the concerns of our neighbors. • As we deem necessary, we will limit the seating capacity on the patio and encourage our smoking patrons to utilize the sidewalk area of Allen Street in front of the building. • We will periodically monitor the noise level on our patio with a sound level meter to ensure that it is kept within legal and respectable limits. As you can see, we take the issues brought forth as a result of the community meeting last season very seriously and we are making every attempt to be considerate of our neighbors on North Pearl Street. I must also add that as we enter our twentieth year in business at this location, we have always tried to be conscientious businessmen with an awareness of our responsibility to the needs of our community. Should you have any additional comments or suggestions, we would be happy to have an opportunity to discuss them with you. REFERRED TO THE COMMITTEE ON LEGISLATION, COMMISSIONER OF ECONOMIC DEVELOPMENT, NO. 52 BUFFALO MUNICIPAL PARKING SYSTEM I am very dismayed by the antics of a business leader who has chosen to attack myself and the entire Buffalo Common Council for doing a job we were elected to do. This sort of character assassination is unwarranted towards the very individuals whom worked tirelessly to bring this City back from the jaws of insolvency and bankruptcy, fighting to make this place better for all whom live, work, recreate and worship in the City of Buffalo! I refuse to stoop to the level of personal attacks and stand above the untruths only to shed more light on a topic that needs much more dialogue and explanations as there seems to be a necessity for many to explain why the words "Conflict of Interest" is written across a City of Buffalo asset worth more than $90 million. This asset is the City of Buffalo Municipal Parking System! My inquiry into the Buffalo Civic Auto Ramps began shortly after I was elected as the Ellicott District Councilmember and began my very first term in 2002. It was at a public meeting that I learned Buffalo Civic Auto Ramps, a private company with businessmen owning stock in this company, was using our (your) city tax dollars to subsidize a shuttle system for downtown workers. This shuttle system cost the tax payers over $450,000 annually which paid owners of a private parking lot money to bus people up and down Main Street when we had a multi million dollar shuttle already in existence called the "Rapid Transit". Please be mindful, this is at a time that the City was experiencing a financial meltdown and started to layoff police officers and firefighters! As I researched this further, I quickly learned that the dollars being spent to operate this shuttle system were generated from revenues made via our municipal parking system. Furthermore, the entire parking system was being managed by Buffalo Civic Auto Ramps, again a private company with members owning equal shares in this company. An in-depth look into this company revealed how our municipal parking system was being truly operated. I was truly amazed that the management of this system was never (in over 50 years) bidded out publicly and a group of private business owners were controlling this multi-million dollar, City of Buffalo asset with no fiduciary responsibility while handling millions of dollars annually. Additionally, very few buildings are actually being served by the significant amount of parking under the control of Buffalo Civic Auto Ramps and a true test of what 50+ years of management of this system has gotten the City of Buffalo, I beg you to drive down Main Street (downtown). As a responsible public official, I admonished the Board of Parking who works on behalf of the City/of Buffalo and not Buffalo Civic Auto Ramps (they are a private parking company that is no different that AllPro Parking, Standard Parking, Ellicott Parking, etc.) who was contracted by/with the Buffalo Board of Parking, and forced them to put this system out to an open and competitive bid (RFP) with additional At controls in place to safeguard the City! This was done in 2003 and guess what happened? Buffalo Civic Auto Ramps got a copy of the RFP from their hand picked consultant who suppose to consult in the best interest of the City of Buffalo but salary is paid ($52,000/yr) by Buffalo Civic Auto Ramps 3 days before the RFP was suppose to hit the streets and be competitively bid on. At this time, one of the Buffalo Civic Auto Ramps board members stood up at a public meeting on Main Street one Friday afternoon with the RFP in hand screaming and shouting this will never happen and he was calling the Mayor to put an end to the RFP hitting the streets. The RFP that was suppose to hit the streets that Monday, it never did and a new RFP was drafted to assure Buffalo Civic Auto Ramps would win the contract. Some of the highlights of the new RFP stated: • the successful bidder will not act as an agent of the City of Buffalo • the successful bidder must have 5 years or more experience operating municipal parking facilities • must be a not-for profit (or consideration given to a not-for-profit company first) • successful bidder will not take a management fee, etc, etc. Just so you know the facts: • Buffalo Civic Auto Ramps members started a new company called BCAR, Inc. • the company is now a not-for-profit • the company is a new company with being just a month or two in existence at the time of the bid (not 5+ years as required) • BCAR, Inc. bids on the RFP and decides not to take a management fee but in fact pay an Executive Director (who is very capable) $80,000+/yr with benefits • Many of the individuals that are parking in the municipal parking facilities are coming from a member of BCAR's board commercial buildings (increasing his occupancy rates while increasing the vacancy rates in other commercial buildings) • the Board of Parking submits a contract to the Buffalo Common Council with different terms than the RFP called for • BCAR is never asked to get appropriate bonding to protect the City of Buffalo • BCAR used City of Buffalo revenues to change their status from a for-profit, share holding entity to a not-for-profit • BCAR gives their employees raises, Christmas bonuses, etc. while there is a wage freeze in the City of Buffalo • BCAR buys Christmas cards for friends and family using City of Buffalo revenues • THERE HAS NEVER BEEN AN AUDIT OF EXPENDITURES BY THE CITY OF BUFFALO IN 50 YEARS • BCAR goes out and make purchases of furniture, fixtures and equipment in the general market and not off State Contracts • BCAR wants language to be put in the contract making them an agent of the City of Buffalo after BCAR asked for such language to be removed from the first RFP • BCAR hasn't cleared up conflicts of interest • Some of the downtown building owners that sit on BCAR's board are getting preferential parking for their privately held office buildings • THE LIST GOES ON AND ON!!!! The assertion that the Common Council has caused some sort of risk here is another one of those smoke screens. The truth remains, because this issue is so cloudy and being made this way intentionally, the only risk here is that BCAR will be personally responsible for paying the State back the thousands and thousands of dollars they claim the City is missing out on. I have concluded my inquiry of this parking system as the Chairman of the City of Buffalo Finance Committee and the sweet heart deal the Board of Parking asked the Buffalo Common Council to approve however, after raising additional questions of our Law Department and the Board of Parking that attempted to make this contract valid beginning July 1, 2006 and not 2004 as mentioned in the editorial, I am still waiting for them and our City Law Department to approve the contract "Legal to Form". It is my prayer that responsible business leaders would stop double talking especially when their privately owned public parking lots charge some of the highest monthly and special event rates in all of the City of Buffalo, and stop the spreading untruths because greed seems to be the only motivating factor here. As an elected official that represents well the most diverse district in the City of Buffalo, I am committed to not serving the special interest under any circumstance whether for government contracts, grants, subsidies, free parking for people working in their buildings, or assisting them in obtaining millions of dollars of City owned properties that they may think they can convince the City to sell to them for $1.00! Finally, I want to state that many of the new members of the BCAR, Inc. Board are stand up people. I am truly glad that they (the real folks that care about the City) are working to right size this monster of a system for the best interest of Buffalo and will work to right size BCAR as well. It is my humble opinion that the Common Council, BCAR, the Board of Parking, City Law Department and any other interested parties should sit down and discuss this publicly so all of the truths can come out! I will be looking forward to calling this Public Meeting in the next couple of weeks. REFERRED TO THE COMMITTEE ON FINANCE NO. 53 Buffalo Schools Renovation Program - Refinance of Phases I and II, Additional Funding with respect to Phase II and Funding of Phase III This is a brief explanation of the four separate resolutions we ask the City of Buffalo Common Council to consider at its May 29th meeting. The first and second of these resolutions relate to the proposed refinancing of the existing bond indebtedness for phases one and two of the Buffalo Schools Renovation Program. While we are awaiting final approval of special state legislation authorizing this refinancing, given the fact that the timetable for completion of the transaction will be relatively tight (with an anticipated bond sale in early July) and the need to secure approvals from the various municipal k, entities involved in this transaction before summer meeting schedules kick in, it is important that ~/'., this resolution be considered by the Common Council at the May 29th meeting. The refinancing of phases one and two represents a tremendous opportunity for the School District to leverage the current favorable interest rate environment to realize significant savings on the outstanding bond indebtedness for the first two phases of the program. The third resolution relates to a bond issuance to secure funding for additional work on the phase two schools. Subsequent to the closing on the financing of the bonds for phase two of the renovation program, the School District and the Program Provider, LPCiminelli, identified opportunities for certain additional state aid for renovations to the existing school facilities within phase two as well as additional state aid for District wide technology projects. Because these additional aid opportunities were discovered subsequent to the initial bond closing on phase two, it was determined that a supplemental bond issuance would be necessary. While much of this work has been performed, in the interest of minimizing closing expenses, the school district determined to delay the closing of the supplemental bond issuance for phase two until the closing of the bond indebtedness for phase three. The fourth and final resolution relates to the bond issuance for the funding of the third phase of the Buffalo Schools Renovation Program. All four of these resolutions authorize the City to enter into a ground lease (or in the case of the additional phase two bonds, a sublease) with the Erie County Industrial Development Agency (the issuer of the tax exempt bonds for the BPS program), an Installment Sale Agreement with the Erie County Industrial Development Agency and an Amended and Restated State Aid Trust Agreement with the bond trustee by which the state building aid is pledged as collateral for the various bond issuances. Except for project specific differences in dates, amounts and school facilities, these resolutions are virtually identical to each other, and are virtually identical to the resolutions adopted by the Common Council in conjunction with the closing of the original bonds for phases one and two. To the extent you have any questions about these resolutions, please call us. Mr Bonifacio moved: That the Common Council hereby considers and approves the four (4) resolutions attached to COMC 52 CCP May 29, 2007 related to Buffalo Schools Renovation Program. Refinance of Phases I and II, additional funding with respect to Phase II and funding of Phase III. Resolutions 1 and 2 relate to proposed refinancing of the existing bond debtness for phases one and two; The third resolution relates to a bond issuance to secure funding for additional work on one phase two schools. Resolution relates to the bond issuance for the funding of the third phase of one Buffalo School Renovation Program. These resolutions shall be referred to I their entirety for full content, score, and meaning PASSED AYES – 9 NOES 0 NO. 54 Resolution Submitted by Legislator Whyte (Establishment of Nieghborhood Empowerment Teams) WHEREAS in 1997 the city of Rochester, New York began a new program called Neighborhood Empowerment Teams (NET) designed to encourage safe, clean, strong. viable, and attractive neighborhoods by locating city code inspection, enforcement and policing services in neighborhoods: and WHEREAS the Rochester program allowed city staff and residents to work together as a team to improve the quality of life at their community by reducing urban blight, nuisance, and criminal activities; and WHEREAS the six neighborhood NET offices are staffed with housing inspectors, community police officers, customer service staff, and clerical staff, all dedicated to solving neighborhood problems and developing strategies in collaboration with residents; and WIHEREAS the NET concept as utilized in Rochester has been duplicated and implemented in cities such as Miami, which has thirteen Neighborhood Empowerment Team Centers; Baltimore, which has six Community Action Centers; and Columbus, which has four Neighborhood Pride Centers; and WHEREAS the NET was developed as a way to make City government more responsive and to bring City government closer to neighborhood residents by creating a network of satellite offices in City neighborhoods; and WHEREAS members of this Legislative body routinely work with City of Buffalo officials and employees to resolve neighborhood issues such as excessive noise, drug sales, and problem properties; and WHEREAS the Common Council of the City of Buffalo has reviewed the NET plan as laid forth by the City of Rochester and with unanimous support endorsed a similar program of Neighborhood Quality of Life Centers in the City of Buffalo. NOW, THEREFORE, BE IT RESOLVED, that the Erie County Legislature joins the Common Council of the City of Buffalo in requesting comments from the Good Neighbor Planning Alliances, the Buffalo Board of Block Clubs, the Department of Citizen Services, the Police Commissioner, the Commissioner of Economic Development, Permits, and Inspections as to the feasibility of establishing neighborhood-based satellite offices as Rochester and other cities across the country have done. RECEIVED AND FILED NO. 55 COMMENTS I. Proposed Pano's Development. Section 511-26(B) (reflecting the Legislative Intent behind the creation of the Elmwood Business District) states that the Common Council finds that the "stability and continued viability" of the Elmwood Business District is "threatened by the overdevelopment and expansion of... restaurants ... which threaten the continuation of the essentially unique and continuing viability of this area." A. A Restricted Use Permit is Required. Pursuant to Chapter 511-56(D) of the City of Buffalo Code Elmwood Avenue Businesses District"), the Pano's proposal to "extend" his existing use ("Eating and drinking places") requires a restricted use permit (511-55) from the Common Council if "in compliance with all the regulations of this chapter." B. The Common Council has Important Responsibility in Granting a Restricted Use Permit. The restricted use permit may be granted by the Common Council "on the basis of the effect of such permit on the public health, safety, aesthetics or general welfare." 511-55(D). In effect, beyond assuring that the law is complied with, the Common Council must make sure that a development is consistent with the character of the community. 511-55(D) continues: "The Common Council shall attach to such permit such restrictions, in addition to or in lieu of the bu!k-density regulations and general standards of the district, as are necessary or desirable in its judgment to ensure compatibility of the proposed use with the surrounding property and the overall development of the community." C. Pano's Proposed Restaurant Clearly Violates the Zoning Regulations and the City of Buffalo's 2006 Comprehensive Plan. The proposed Pano's development violates 511-56(E)(9). It is for 4,235 square feet on the first floor and 1,385 on the second floor for a total of approximately 5,620 square feet. This is excessive and out of character with the rest of the neighborhood. The proposed Pano's development violates 511.56(F)(1) which sets minimum parking requirements at "no more than four spaces" within the Elmwood Business District. Even assuming that XIX of the Zoning Laws applied (511-96), Pano's proposal is far in excess of the "1 for each 150 square feet" for restaurants. It is more like one for each 130 square feet. Exceeds car concentrations in Buffalo's suburbs. Will cause undue congestion. The proposed Pano's development violates the City of Buffalo Comprehensive Plan (adopted February 6, 2006). This states that "smart growth" is a major theme. It is mentioned throughout the Comprehensive Plan. See Page 61 of the Comprehensive Plan attached hereto. The Pano's Proposal: 1. is not a mixed use; 2. is not a "compact building design" but an enormous structure; 3. seeks excessive parking; 4. Does not create any housing opportunities; and, 5. Works against the "walkable neighborhood" concept by having driveways and parking lots north and south of the building. D. The EVA Supports Smart Development by Pano's. 1. A building which permits mixed uses, including possibly residential; and, 2. A building which abuts the sidewalk on Elmwood Avenue and which eliminates parking north and south of the building ala a suburban stand-alone retail structure. This is not Hooter's on Maple Road. It is on Elmwood Ave where pedestrian traffic is high. Requires more than flower boxes and a fence. E. The Common Council Can and Should Make Sure that the Law in Adhered To. If it does, it cannot be overturned by any lawsuit. If it does not assure that the law is adhered to, the CC will be virtually assuring that a lawsuit will follow. Not good for anyone: Not good for Pano, for Buffalo, or for the Elmwood Village. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 56 RiverWright, LLC - Ethanol Energy Plant, City of Buffalo, Erie Co., New York Summary Report – Certification of Environmental Justice Plan Implementation I. Introduction On September 8, 2006, RiverWright, LLC ("RiverWright") submitted an Air State Facility Permit Application to the New York State Department of Environmental Conservation ("NYSDEC") for approval for a proposed ethanol plant to be located at 120 Childs Street, Buffalo, New York. The NYSDEC informed RiverWright that it would need to comply with the public participation provisions of NYSDEC Policy CP-29 Environmental Justice and Permitting ("EJ") as part of the permit approval process. RiverWright submitted a Public Participation Plan to NYSDEC. The plan, as approved by NYSDEC, sets out the procedures to satisfy the NYSDEC EJ public participation requirements and is attached as Exhibit A. This correspondence certifies that the plan was fully implemented as required. II. Project Description RiverWright proposes to build an ethanol plant with the capacity to produce 110 million gallons of ethanol per year on an 18-acre site it has purchased on Childs Street. The plant will incorporate four existing grain elevators, two existing mill buildings, and two existing office and lab buildings. RiverWright will build a new process building of approximately 80,000 square feet, which will include fermentation, evaporation, condensation, and distillation processes. RiverWright will take in corn by rail car and lake freighter to be stored in grain elevators, and then transferred to the process building for milling, fermentation and distillation into ethanol. The grain byproduct, Distillers Dried Grains and Solubles (DDGS), will be removed to an adjacent building for drying, and removal by rail car and freighter to serve as feed for cattle, dairy and chicken farms. The ethanol itself will be stored along with denaturant in one of three outdoor tanks to be built, prior to removal by train, truck or lake tankers or barges. III. Public Meeting To solicit public comment on the project, RiverWright held a public meeting at the Old First Ward Community Center located at 62 Gene McCarthy Way (also known as 62 Republic Street) on Wednesday, April 4, 2007 at 6:00 p.m. until all comments from the public were received. (A prior public meeting was held at the same location on September 26, 2006.) Attached as Exhibit B is the stenographic record of the meeting. Exhibit C is RiverWright's Power Point presentation at the meeting, and a videotape of the meeting for the permanent record is attached as Exhibit D. The stenographic record will also be filed with the City of Buffalo. IV. Public Notice a. Notice of Meeting To Newspapers, Depositories And Local Broadcast Media The Project Notice was published in The and submitted to the document repositories (Old First Buffalo News Ward Community Center, Valley Community Association, and East Clinton Branch Library) on March 14, 2007, three weeks before the public meeting. Exhibit E is proof of publication of the Notice of Public Meeting in The and Buffalo News Exhibit F is proof of mailing/delivery to the identified document repositories. Exhibit F also provides proof of mailing of the Amended Notice to local public television and radio stations on March 16, 2007.1 b. Bulk Mailing On March 19, 2007, the Amended Public Notice and "Dear Neighbor" letter (attached as Exhibit I) were sent by first-class mail to all individuals and entities as listed on Attachment A to the EJ Plan and organizations and/or governments listed on pages 3 and 4 of the Plan. Exhibit J is proof of this mailing. On March 23, 2007, in an effort to enhance the Public Notice to the community, the Amended Public Notice and "Dear Neighbor" letter were hand-delivered to individual homes on St. Claire, South Street, Republic and O'Connell Streets, the Master Market on Louisiana Street and Our Lady of Perpetual Health on O'Cormell Street. A memorandum summarizing these hand deliveries is attached as Exhibit K. c. Neighborhood Walk-About As required by the EJ Plan, a neighborhood walk-about took place on March 31, 2007 from 9:30 a.m. to 12:30 p.m. Twenty-six (26) people canvassed the neighborhood and 685 homes were visited. While 212 individuals were personally contacted, most had no comment. Fifty-nine individuals supported the plant. There were thirty-seven people stating concerns mainly associated with odor and fire/explosion. A memorandum from Kevin Townsell, President of RiverWright, LLC summarizing the walk-about is attached as Exhibit L. A handout entitled "Answers to Most Frequently Asked Questions" ("handout") and the Amended Public Notice of Meeting were distributed to area residences during the walk-about. Exhibit M is the handout and Notice. Because the date of the Public Meeting was changed from April 5, 2007 to April 4, 2007, an Amended Public Notice was published in on March 16, 2007. Proof of this publication is attached as Exhibit G. Attached as Exhibit H The Buffalo News is a letter from Craig A. Slater, Esq. to Steven Doleski at NYSDEC confirming NYSDEC's approval of the change in meeting date. Because of possible confusion about the meeting place stated on the handout (Valley Community Center should have been Old First Ward Community Center), on April 2 and 3, 2007, a correction sheet to the handout was distributed to all those who had received the original handout and a large notice was posted at the Valley Community Association telling anyone who came to that location for the public meeting to go to the Old First Ward Community Center. A letter to NYSDEC confirming this series of events is Exhibit N. The correction sheet is attached as Exhibit O. The meeting was held as scheduled on April 4, 2007 at 6:00 p.m. at the Old First Ward Community Center. Attached as Exhibit P is a list of signatures of the attendees. A full transcript and videotape of the meeting are attached as Exhibits B and D. On April 23, 2007, an additional point of contact (Steve Healey, Project Manager from KL Process Design Group) was provided to address technical questions from the public regarding the application. A letter to this effect sent to Dan David, P.E. at NYSDEC - Region 9 is Attachment Q. We trust that this summary presents proper certification to NYSDEC of Riverwright's compliance with the EJ public participation requirements. If you have any questions, please contact me. RECEIVED AND FILED NO. 57 Appeal of Denial of Certificate of Exception and Conditions of Certificate Exception for 72- 76 Pearl Street Hearing 6/19 ad and notice sent 5/25/07 The Pearl Street Grill and Brewery hereby appeals to the Common Council pursuant to section 337-26 of the Charter and Code of City of Buffalo, the denial by the Preservation Board of a Certificate of Exception for certain improvements they desire to place on the outside of 72-76 Pearl Street as well as the placement of condition accompanying the granting of a Certificate of Exception. The appeal is the denial of the request to place metal canopies over the terraces and the right to place signature signage on the building as well as the imposition of a condition on the permissions granted that a copper canopy over the comer entranceway be removed. In support of this application we have submitted: the Affidavit of Earl A. Ketry setting forth in greater detail the improvements Pearl Street Grill and Brewery desires to make to their building, the reasons why the business believes they are necessary, and how they may be installed while preserving the facade of the building; the Affidavit of Gary Fricke outlining the former uses of the premises, their dilapidation prior to the investments of Garcia Irish Pub and Pearl Street Grill and Brewery, and alterations to the structure which occurred over time; and the Affidavit of Professional Engineer Amaldo J. Petrilli Jr., from Jansen Kiener Structural Engineers P.C., outlining the method by which the signage and metal canopies can be safely installed through mortar joints without damaging the fagade of the building. I have also attached a Full Environmental Assessment Form completed in relevant part by the Project Sponsor. I believe the City Department of Economic Development Permits and Inspections may also have approval authority with regard to the issuance of the permits. We ask that this appeal be filed be with the Common Council. REFERRED TO THE COMMITTEE ON LEGISLATION COMMISSIONER OF ECONOMIC DEVELOPMENT PERMITS AND INSPECTIONS NO. 58 Re: Request for Inclusion of Police Blotter in Local Weekly Newspapers th On behalf of the residents of the 60Senatorial District, I would like to respectfully request your assistance with forwarding your "Police Blotter" News to the local community newspapers. The inclusion of the community papers in addition to the Buffalo News will ensure that all residents are educated and up- to-date on the various crime and safety issues pertinent to their respective communities. I strongly believe that this strategy will aid your agencies in their public safety efforts against crime. If my office can be of any further assistance in this matter, please feel free to contact my office at (716) 854-8705. RECEIVED AND FILED NO. 59 OPPOSITION TO BASS PRO ERIE CANAL It was the year 2000, and in a breath of fresh air befitting the new century in a city long suffering from a stale, crony-based political culture, the Preservation Coalition of Erie County led a passionate, citizen-based grassroots campaign to develop a historically sensitive Erie Canal district that honored the archaeological remains of a site known the world over. Our vision seized the imaginations and support of 15,000 Buffalonians who signed petitions--before the advent of easy online petitioning--calling for restoring Commercial Slip and unearthing the original street network of Buffalo's birthplace. Out of this participatory, democratic process, a consensus plan emerged with design guidelines respecting the Erie Canal harbor's history. The 2004 plan, which won an award from the Waterfront Center in Washington, DC, is under construction, with the Commercial Slip rewatered, the bowstring bridge in place, and the newly-built Naval & Military Park Museum overlooking the slip. For cynics who are convinced that Buffalo can't build anything, progress is there for all to see. The reconstruction of Central Wharf, scheduled for a ribbon-cutting later this year, has come to a screeching halt, postponed indefinitely due to pre-empting by a small group of unelected insiders. Thanks to them, a new Environmental Impact Statement is necessary. Various government agencies must again step in. Back-room, top-down, old-boy-network wheeling and dealing, which has crippled Buffalo for decades, once again rears its ugly head. A big box outdoors store and a suburban strip mall developer have been handed the most globally significant piece of real estate in Buffalo, with $130 million in subsidies and a 50-year, tax-free lease. This deal violates the terms of a legal agreement that hundreds of people hammered out and were successfully implementing. It fleeces us taxpayers and sets a terrible precedent for every other national retailer eyeing the Buffalo market, who can now demand their own corporate welfare. The out-of-scale Bass Pro & ramp garage footprint obliterates our intimate cobblestone streets and trivializes the site of the Negro Block, which housed Dug's Dive, a saloon and likely refuge for fugitives escaping slavery. For the sake of tackle boxes and ample parking, we cheapen Buffalo's role in one of the great moral achievements in American history. It'd be funny if it weren't tragic, because upstream adjacent to The Pier is empty land on the water's edge, already close to existing parking, that better suits the needs of a big box retailer. This is not an either/or choice, Buffalo: we can have both a vibrantly urban, historically authentic, walkable Erie Canal district of museums, shops, apartments, and cafes lining 200 year old cobblestone streets and we can have as big a Bass Pro as Bass Pro wants to build. The vacant Webster block has been "shovel ready" for 50 years. Preservationists are regularly called obstructionists, a pejorative label we accept in honor of all the obstructionists that Buffalo needed when the Larkin building was scheduled for demolition, when Humboldt Parkway was sacrificed for a highway, when UB rejected the waterfront site, when "Urban Removal" destroyed neighborhoods, and when other wrongheaded back-room deals were imposed on us. But in this case we humbly bow our heads to Larry Quinn, Bob and Mindy Rich, and everyone else who gave away the store and our archaeological treasure to Benderson and Bass Pro. In the "obstructionism" game, they make us look like rank amateurs. REFERRD TO THE COMMITTEE ON COMMUNITY DEVELOOPMENT COMMOSSIONER OF ECONOMIC DEVELOPMENT PERMITS AND INSPECTIONS NO. 60 BERC-Buffalo Niagara Enterprise BNE has submitted the attached report setting forth their accomplishments with respect to the City of Buffalo over the past several years. BNE is currently requesting an allocation of yearly funding to further assist in efforts to help spur economic development in Buffalo. I am recommending that the BERC provide an annual allocation of $50,000 for the current year. This allocation will be paid against invoices received from the BNE for work specifically requested by BERC. This type of activity would include assistance in managing special events hosted by BERC, design of marketing folders and preparation of the BERC annual report. Previously the BERC made a significant investment in the BNE operations which were paid in a lump sum. I believe that paying against invoices for specifically requested projects will insure that the BERC funding will be allocated solely to City of Buffalo projects, which should satisfy concerns of tracking the results of our investment. I am therefore requesting that this Board authorize the execution of a one year agreement with the BNE in the yearly amount of $50,000. Funding Source: non federal REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT No. 61 BERC-Loan Activity March & April 2007 Gerry: Loan Activity - March and April 2007 DATE: May 1, 2007 Loans Closed in March and April: BERC TOTAL JOB Borrower LOAN AMOUNT PROJECT COSTS CREATION Mid City Builders, Inc. $ 35,000 $ 38,500 2 Bethel CDC* $250,000 $1,045,000 1 Total $285,000 $1,083,500 3 Leverage Ratio: 2.80:1 Loans Approved March & April Pendinq Closing Borrower Loan Amount Pending Closing Date Elmwood Building Supply $35,000 May 2007 Private Satellite Systems $100,000 May 2007 Madam Mocha's Espresso $35,000 May 2007 Sub Total Loans Approved $170,000 Loans Approved Prior to March and April Pending Closinq: Borrower Loan Amount Pending Closing Date 1) Starlight Family Daycare* $ 95,000 May 2007 2) Tapecon, Inc. $ 300,000 May 2007 3) Artvoice** $ 500,000 May 2007 4) Snooty Fox Lounge $ 70,000 May 2007 5) W.C. Roberson Plumbing & Heating* $ !00,000 May 2007 6) WNY Manufacturing, Inc. $ 150,000 May 2007 Sub Total Pending Closing $1,215,000 Grand Total Loans Pending Closing $1,385,000 Loans Pendinq Approval: #Jobs to be Borrower Loan Amount Created 1) Infinity Architectural Systems** $35,000 1 2) Niagara Nail Salon $25,000 1 3) Office Automation & Training Consultants** $35,000 1 4).Urban Roots $90,000 3 5) Francesca's Italian Restaurant $175,000 7 6) Insty Prints Business Printing $35,000 1 Total Loans Pending Approval $395,000 14 * MBE **WBE Grand Total- Potential Increase in Loan Portfolio: $1,780,000 Loan Sale Analysis: During the current Loan Sale (01/15/07 to 4/30/2007) BERC has mailed 90 loan applications, 31 were received and 5 have been approved. In regards to the 26 other applications received; 14 are dormant (applicant submitted incomplete applications, i.e. no financials, no business plan), 6 were declined, and 6 are in underwriting. The 90 leads were generated as follows: Neighborhood Paper Ads were 11 (12.36%), Flyer Mailing was 28 (31.46%), BERC Staff were 42 (46.08%), and, other referrals were 9 (10.11%). LOAN ACTIVITY-CUMULATIVE HISTORICAL COMPARISONS: 6/1/04 to 4/30/2005 6/1/05 to 4/30/2006 6/1/06 to 4/30/2007 Total Loan Closed $2,935,810 $921,500 $1,034,865 Total # of Loans 27 9 17 Total Job Creation 118 32 40 Attachments: Loans Approved April 2007 Settled Loans (loans closed) Unsettled Loans (loans approved not closed) Active Leads and Deals (loans pending loan committee approval) REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 62 BERC-Marketing Plan Copy available in the City Clerks office for review REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT PETITIONS NO. 63 K. REYES, AGENT, USE 257 GENESEE ST. WEST- FREESTANDING SIGNS (ELL) (HRG. 6/5) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLAN BD. NO. 64 F. INGLIMA, OWNER (PER J. DOYLE), USE 1264 HERTEL-PLACE SIDEWALK CAFI~ IN FRONT OF RESTAURANT (HRG. 6/5) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLAN BD. NO. 65 D. PENNACCHIO, AGENT, USE 1065 ELMWOOD-PLACE ROOF ATOP RESTAURANT/MAKE REPAIRS (NORTH) (HRG. 6/5) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLAN BD. NO. 66 R. LARUSCH, AGENT, USE 511 OHIO-FRAME SHELTER/STORAGE ROOM ADD. (FILL.) (HRG 6/5) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLAN BD. NO. 67 C. MANNING, AGENT, USE 1120 MAIN-AUTO COLLISION WORK (NIAG) (HRG. 6/5) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLAN BD. NO. 68 G. DEGANIS, OWNER, USE 565 ELMWOOD-ENCROACHMENT ON ROW (NIAG) (NAME OF AGENT, OWNER) (ADDRESS) - (PROJECT) (PHONE #881-3564) The attached is for Common Council Approval; but per Permits, no public hearing is required. REFERRED TO THE COMMITTEE ON LEGISLATION AND CITY PLANNING BOARD. REGULAR COMMITTEES CLAIMS (MICHAEL P. KEARNS, CHAIRMAN) NO. 69 PERSONAL INJURY That, upon the recommendation of the Corporation Counsel, the following actions for persona/injury arising out of alleged negligence on the part of the City of Buffalo, be compromised and settled: A. 1. Joseph Chimera $ 4,500.00 A. 2. Margaret A. King-Reen and John R. Reen $47,500.00 A. 3. John Radke $2,000.00 That checks be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current Fiscal Year, payable to the respective claimants or plaintiffs and their attorneys, if any, herein above named, upon execution and delivery to the Corporation Counsel of proper releases and closing papers. PASSED AYES - 9 NOES - 0 NO. 70 PERSONAL INJURY Mr. Kearns moved: That A. 4. Joseph A. Shields $6,000.00 be and the same hereby is denied. ADOPTED NO. 71 PERSONAL INJURY That, upon the recommendation of the Corporation Counsel, the following actions for personal injury arising out of alleged negligence on the part of the City of Buffalo, be compromised and settled: A. 5 Carmen P. Dowdall $3,000.00 A. 6. Augustus and Nancy Graziano $75,000.00 A. 7. Constance M. Cnddihy PNG Amanda Cuddihy $5,000.00 A. 8. James A. Clark $ 4,000.00 That checks be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current Fiscal Year, payable to the respective claimants or plaintiffs and their attorneys, if any, herein above named, upon execution and delivery to the Corporation Counsel of proper releases and closing papers. PASSED AYES - 9 NOES - 0 NO. 72 PROPERTY DAMAGE That, upon the recommendation of the Corporation Counsel, the following actions for personal injury arising out of alleged negligence on the part of the City of Buffalo, be compromised and settled: B. 1. Max Becker Jr. $396.54 B. 2. David Drew $54.00 B. 3. Sandra Haines $1,526.73 B. 4. Brian Hayes $94.90 B. 5. Rose Jackson $244.69 B. 6. Komper Ins A/S/O Elaine Cohen $820.95 That checks be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current Fiscal Year, payable to the respective claimants or plaintiffs and their attorneys, if any, herein above named, in the amounts set opposite their names and delivered to them upon execution and delivery to the Corporation Counsel of proper releases where such releases are indicated. PASSED AYES - 9 NOES - 0 NO. 73 PROPERTY DAMAGE That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Kearns moved That the above item be and the same is hereby recommitted to the Committee on claims ADOPTED NO. 74 PROPERTY DAMAGE That, upon the recommendation of the Corporation Counsel, the following actions for personal injury arising out of alleged negligence on the part of the City of Buffalo, be compromised and settled: B. 8. JulieMancuso $297.54 B. 9. Michelle Mitchell $726.94 B. 10. NFTA Metro $29,806.17 B. 11. Regina Nati $45.99 That checks be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current Fiscal Year, payable to the respective claimants or plaintiffs and their attorneys, if any, herein above named, in the amounts set opposite their names and delivered to them upon execution and delivery to the Corporation Counsel of proper releases where such releases are indicated. PASSED AYES - 9 NOES - 0 NO. 75 PROPERTY DAMAGE That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Kearns moved: That, upon the recommendation of the Corporation Counsel, the following actions for personal injury arising out of alleged negligence on the part of the City of Buffalo, be compromised and settled: B. 12. Janine Radl $200.00 That checks be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current Fiscal Year, payable to the respective claimants or plaintiffs and their attorneys, if any, herein above named, in the amounts set opposite their names and delivered to them upon execution and delivery to the Corporation Counsel of proper releases where such releases are indicated. PASSED AYES - 9 NOES - 0 NO. 76 PROPERTY DAMAGE That, upon the recommendation of the Corporation Counsel, the following actions for personal injury arising out of alleged negligence on the part of the City of Buffalo, be compromised and settled: B. 13. Jessie Schmidt $2019.15 B. 14. Eric Thompson $3257.66 That checks be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current Fiscal Year, payable to the respective claimants or plaintiffs and their attorneys, if any, herein above named, in the amounts set opposite their names and delivered to them upon execution and delivery to the Corporation Counsel of proper releases where such releases are indicated. PASSED AYES - 9 NOES - 0 NO. 77 MISCELLANEOUS INVOICES That, upon the recommendation of the Corporation Counsel and the appropriate City Departments, the following claims be paid: C. 1. Connors & Vilardo, LLP $796.04 C. 2. Thomas M. Hines, Arbitrator $900.00 C. 3. Garnell Smith $740.00 That checks be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current Fiscal Year, payable to the respective claimants or plaintiffs and their attorneys, if any, herein above named, in the amounts set opposite their names and delivered to them upon execution and delivery to the Corporation Counsel of proper releases where such releases are indicated. PASSED AYES - 9 NOES - 0 NO. 78 MISCELLANEOUS REIMBURSEMENT D. 1. Bart Montesano $500.00 That checks in the amount of $1,000.00 be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current Fiscal Year, payable to the respective claimants or plaintiffs and their attorneys, if any, herein above named, in the amounts set opposite their names and delivered to them upon execution and delivery to the Corporation Counsel of proper releases where such releases are indicated. PASSED AYES - 9 NOES - 0 CIVIL SERVICE (BONNIE E. RUSSELL, CHAIRPERSON) CHAIRPERSON NO. 79 APPOINTMENT ACCOUNT CLERK-TYPIST (INTER) (PW) (ITEM NO. 29-MAY 15, 2007) That Communication 29, May 15, 2007 be received and filed and the temporary appointment of Kathleen Keane stated above at the intermediate starting salary of $28,505.00 effective on May 7, 2007 is hereby approved. PASSED AYES - 9 NOES - 0 NO. 80 APPOINTMENT DEPUTY DIRECTOR OF TELECOMMUNICATIONS (MAX) (PW) (ITEM NO. 30-MAY 15, 2007) That Communication 30, May 15, 2007 be received and filed and the provisional appointment of Richard Keane Jr. stated above at the maximum starting salary of $37,927.00 effective on April 27, 2007 is hereby approved. PASSED AYES - 9 NOES - 0 NO. 81 APPOINTMENT APPT.-SUPV. OF STREET SANITATION I (INTER) (PW) (ITEM NO. 31-MAY 15, 2007) That Communication 31, May 15, 2007 be received and filed and the provisional appointment of Gregory Nelson stated above at the intermediate starting salary of $32,191.00 effective on May 2, 2007 is hereby approved. PASSED AYES - 9 NOES - 0 NO. 82 APPOINTMENT APPT.-MOTOR EQUIP. MECHANIC (MAX) (POL) (ITEM NO. 32-MAY 15, 2007) That Communication 32, May 15, 2007 be received and filed and the permanent appointment of Mark S. Chapin stated above at the maximum starting salary of $32,661.00 effective on April 16, 2007 is hereby approved. PASSED AYES - 9 NOES - 0 NO. 83 APPOINTMENT APPT.-MOTOR EQUIP. MAINT. SUPV. I (INTER) (FIRE) (ITEM NO. 33-MAY 15, 2007) That Communication 33, May 15, 2007 be received and filed and the temporary appointment of John Kelleher Jr. stated above at the intermediate starting salary of $33,094.00 effective on May 7, 2007 is hereby approved. PASSED AYES - 9 NOES - 0 NO. 84 APPOINTMENT APPT.-SUPT. OF FIRE VEHICLE MAIM. (INTER) (FIRE) (ITEM NO. 34-MAY I5, 2007) That Communication 34, May 15, 2007 be received and filed and the provisional appointment of Andrew Adinolfi stated above at the intermediate starting salary of $44,275.00 effective on May 7, 2007 is hereby approved. PASSED AYES - 9 NOES - 0 NO. 85 NOTICES OF APPT.-TEMP./PROV./PERM. (C. CLK.) (#52,5/15) That the above item be and the same hereby is received and filed. ADOPTED. NO. 86 RESIDENCY WAIVER-ROBERT LEACH-COMM. OF MIS (HR) (#37,4/3) That the above item be and the same hereby is received and filed. ADOPTED. LEGISLATION (RICHARD A. FONTANA, CHAIRMAN) NO. 87 J. DWYER, PETITION TO USE 1081 ELMWOOD – RESTAURANT (ITEM NO. 69, C.C.P., MAY 15, 2007) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Fontana moved: That the above item be recommitted to the Committee on Lesgislation ADOPTED NO. 88 P. LE, PETITION TO USE 348 DEWITT - ADDITIONAL PARKING SPACE IN LOT (ITEM NO. 70, C.C.P., MAY 15, 2007) That after the public hearing before the Committee on Legislation on May 22, 2007, the petition . P. Le, agent, for permission to use 348 Dewitt to add additional parking area be, and hereby is approved. PASSED AYES - 9 NOES - 0 NO. 89 M. AGHA, PETITION TO USE 1175 HERTEL - OUTDOOR PATIO IN FRONT OF FOOD STORE/TAKE OUT RESTAURANT (ITEM NO. 71, C.C.P., MAY 15, 2007) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Fontana moved: That after the public hearing before the Committee on Legislation on May 22, 2007, the petition of M. Agha owner, for permission to use 1175 Hertel to place an outdoor patio to the front of a food store and take-out restaurant on the city right-of-way be, and hereby is approved with the following conditions: 1. The sidewalk patio must close on weekdays at 11:00 p.m. and the weekends at 12:00 a.m. 2. The sidewalk patio must have a wrought iron or another type of railing needed to separate the patio from the sidewalk. 3. No outside music on the outdoor patio. 4. No outside trash receptacles on the outdoor patio. PASSED With conditions NO. 90 R. SASALA, PETITION TO USE 253 ALIEN - CREATE OUTDOOR PATIO TO REAR OF RESTAURANT (ITEM NO. 72, C.C.P., MAY 15, 2007) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Fontana moved: That after the public hearing before the Committee on Legislation on May 22, 2007, the petition of R. Sasala, owner, for permission to use 253 Allen to create an outdoor patio to the rear of a sit-in restaurant be, and hereby is approved with the following conditions: 1. The sidewalk patio must close on weekdays at 11:00 p.m. and the weekends at 1:00 a.m. 2. No outside music on the outdoor patio. 3. No outside trash receptacles on the outdoor patio. PASSED With Conditions AYES - 9 NOES - 0 NO. 91 E. HURZY, PETITION TO USE 2310 DELAWARE - NON-ILLUMINATED GROUND SIGN (ITEM NO. 73, C.C.P., MAY 15, 2007) That the petition of E. Hurzy, agent, for permission to use 2310 Delaware for a 8' x 6, 17' high sign be, and hereby is approved. PASSED AYES - 9 NOES - 0 NO. 92 APPT.-EXAM. BD. OFPLUMBERS (MAYOR) (#1,5/15) That the above item be and the same hereby is received and filed. ADOPTED NO. 93 NOTIF. SERIAL #10159-60 (PW) (#15,5/15) That the above item be and the same hereby is received and filed. ADOPTED. NO. 94 FOOD STORE LICENSE - 1445 EAST DELAVAN (ITEM NO. 36, C.C.P., MAY 15, 2007) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Fontana moved That the above item is hereby recommitted to the committee on Legislation ADOPTED NO. 95 FOOD STORE LICENSE - 1981 FILLMORE (ITEM NO. 37, C.C.P., MAY 15, 2007) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Fontana moved: That the above item is hereby recommitted to the committee on Legislation ADOPTED NO. 96 USED CAR DEALER LICENSE - 446 SOUTHSIDE (ITEM NO. 44, C.C.P., MAY 15, 2007) That pursuant to Chapter 254 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services Permit be, and he hereby is authorized to grant a Used Car Dealer license to Mark Lorenz, d/b/a Loren's Auto Service, located at 466 Southside Avenue with the condition that the lot be limited to five (5) cars. PASSED AYES - 9 NOES - 0 COMMUNITY DEVELOPMENT (JOSEPH GOLOMBEK JR., CHAIRMAN) NO. 97 TRANSFERRING OUTER HARBOR LAND TO THE COB (EDP1) (#43,5/15) That the above item be and the same hereby is referred to the Special Committee on Waterfront Development. ADOPTED NO. 98 M. OVERDORF-294 LOUISIANA (#54,4/17) That the above item be and the same hereby is received and filed. ADOPTED RESOLUTIONS RESOLUTION BY: MR. DAVIS: NO. 99 50TH ANNUAL ALLENTOWN ART FESTIVAL WHEREAS, The Allentown Village Society, Inc., has requested permission to conduct the 50th Annual Allentown Art Festival on the weekend of June 9th and 10th, 2007; and WHEREAS, The purpose of the festival is to promote fine arts and crafts and support those talented individuals who create such work; and WHEREAS, The Allentown Village Society seeks to heighten public awareness of the fine arts and crafts and to heighten public awareness of all that the Allentown District of the City of Buffalo has to offer; and WHEREAS, Each year the Allentown Art Festival attracts hundreds of thousands of people to the City of Buffalo, including hundreds of talented artists and craftspeople; and WHEREAS, The Special Events Advisory Committee, a committee established pursuant to Chapter 414 of the Charter & Code of the City of Buffalo, will meet to consider the application of the Allentown Village Society to hold the 50th Annual Allentown Art Festival; NOW, THEREFORE, BE IT RESOLVED, This Common Council hereby grants to the Allentown Village Society, Inc. permission to conduct the 50th Annual Allentown Art Festival subject to the terms and conditions contained herein as well as any additional terms and conditions established by the Special Events Advisory Committee. BE IT FURTHER RESOLVED, Date and Time of Event. The event shall take place the weekendof June 9th and 10th, 2007, between the hours of 11:00 A.M. and 6:00 P.M. each day and the streets will be closed to general traffic from 8:00 a.m. until 8:00 p.m. BE IT FURTHER RESOLVED, Event Area. The event area shall be defined as follows: The area bounded by Summer Street on the north, Elmwood Avenue and South Elmwood Avenue (east side) on the west, Tracy Street (extended easterly) on the south, and Main Street (west side) on the east. BE IT FURTHER RESOLVED, Event Participants. The following terms and conditions shall apply to the event area: Art and Craft Exhibitors. Art and/or craft exhibitors shall be permitted at the following locations only: Delaware Avenue between North Street and Tupper Street (east and west sides); Franklin Street between Allen Street and Virginia Street (one side only); Alien Street from Elmwood Avenue to Franklin Street (one side only); Virginia Street between Delaware Avenue and Franklin Street (one side only); and Edward Street between Elmwood Avenue and Delaware Avenue (south side only). Approval Process. Only art and craft exhibitors approved in accordance with the Allentown Village Society's application and selection process will be permitted to participate in the event within the event area defined above. No more than 465 art and craft exhibitors will be permitted. Exhibitors engaged in the exhibition or sale of so-called "pseudo" art and commercial exhibitors not engaged in the exhibition or sale of arts and/or crafts shall not be included in that total. Food Concessionaires and Vendors. Only food concessionaires and vendors approved in accordance with the Allentown Village Society's application and selection process will be permitted to participate in the event within the event area defined above. Such approved food concessionaires and vendors shall be located in an area determined by the Allentown Village Society in accordance the recommendation of the Commissioner of Police or his designee and the Fire Commissioner of Fire or his designee. Food concessionaires and vendors will not be permitted to operate outside of the event area. Promotional Items. The Allentown Village Society, at its sole discretion, may select and designate a single vendor employing a reasonable number of persons to vend balloons in the event area. The Allentown Village Society may also select and designate a single vendor to produce and sell Art Festival T-shirts, sweatshirts or similar merchandise. The Allentown Village Society in accordance with the recommendation of the Commissioner of Police or his designee and the Commissioner of Fire or his designee shall locate such vendors. Compliance with Existing Laws. Notwithstanding the above, participant concessionaires and vendors are required to comply with all applicable city, county and state licensing and health code requirements. Nothing herein is intended to limit the lawful operation of sidewalk cafe's operating in accordance with Section 413 -59 of the Charter & Code of the City of Buffalo. BE IT FINALLY RESOLVED, 1. Remote Broadcasts. Radio and television broadcasts from remote broadcast units located outside of a building regularly occupied by a radio or television station may be permitted within the event area at the discretion of the Allentown Village Society. No such remote broadcast or telecasts shall be permitted on the public streets or out-of-doors on adjacent private property without the permission of the Allentown Village Society. Promotional activities other than those permitted by the Allentown Village Society are strictly prohibited. 2. Vendor and Exhibitor Identification. The AVS shall provide all participants with suitable identification expressly indicating that each is an authorized participant in the event. Except as herein provided, there shall be no other participants within the event area during the event whether on public streets or out-of-doors on adjacent private property, including, but not limited to, exhibitors, concessionaires, vendors, and performers, individuals engaged promotional activities, fundraising activities, displays of good or otherwise. Performances are prohibited within the event area. Inflatable Devices. All temporary inflatable devices used to advertise or direct attention to a business, service, product and/or activity shall also be excluded from the event area. th 4. Banners. In celebration of the 50Anniversary of the Allentown Art Festival, permission is hereby granted for the Allentown Village Society, Inc. to erect vertical banners on city light poles on Delaware Avenue between North St. and Tupper St. The banners must comply with conditions set by the Department of Public Works. PASSED AYES - 9 NOES - 0 NO. 100 BY: MR. FRANCZYK RE: LACK OF QUALITY OF LIFE CRIME REPORTS WHEREAS: Several months have passed since the last time the Common Council received updates on how many summonses have been issued or arrests recorded due to violations of law pertaining to quality of life crimes; and, WHEREAS: The summer has not yet begun, but the city is already under a veritable assault by hundreds of motor vehicles continually and at all hours of the day and night and throughout the city booming and blasting loud music from radically enhanced stereo speaker systems; and, WHEREAS: It appears as if the police are doing little or nothing about this appalling and illegal audio assault on city residents; and, WHEREAS: If the police are doing anything about this or any other quality of life problems the Council or citizenry is not aware of its actions due in part to a total lack of reporting on tickets issued or arrests made; NOW THEREFORE BE IT RESOLVED: That the police department file with the Common Council reports on tickets issued or arrests made in regards to quality of life crime, including loud music and other quality of life crimes; and, BE IT FURTHER RESOLVED: That the Police Department outline its strategy on how to combat quality of life crime, particularly when it appears that nothing is being done about the assault on Buffalo's citizens by the "boom wagons" and other quality of life crimes, particularly during the warm weather months. st ADOPT 1 RESOLVE THE REMAINDER REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF ECONOMIC DEVELOPMENT PERMITS AND INSPECTIONS AND THE COMMISSIONER OF POLICE NO. 101 SPONSOR: MR. GOLOMBEK THE ESTABLISHMENT OF ELMWOOD AVENUE DESIGN GUIDELINES Whereas: Elmwood Avenue is a unique place within the City and the region; and Whereas: Design guidelines should be established for Elmwood Avenue that ensure that future development maintains and enhances the unique character and scale of the community; and Whereas: Design guidelines should address the following items: • Maintaining and enhancing the pedestrian environment; • Maintaining the eclectic character of Elmwood Avenue; • Respecting the scale of the Elmwood Village; • Maintaining and enhancing the urban nature of the community and protect against development styles or patterns usually associated with suburban communities; and Whereas: The residents and businesses of the Elmwood Village need to determine what they would like to see implemented as design guidelines for their neighborhood. Now Therefore Be It Resolved That this item is referred to the Elmwood Village Association, the Office of Strategic Planning and the Corporation Counsel's office to obtain their comments. Be It Further Resolved That this item is referred to an appropriate Committee of the Buffalo Common Council to review and discuss the comments requested above. REFERRED TO THE COMMITTEE ON LEGISLATION, COMMISSIONER OF ECONOMIC DEVELOPMENT PERMITS AND INSPECTIONS, THE CORPORATION COUNSEL AND THE CITY PLANNING BOARD NO. 102 SPONSOR: MR. KEAMS RE: APPOINT SENIOR LEGISLATIVE ASSISTANT Whereas: Jennifer L. Westerholt, residing at 39 McKinley Parkway, Buffalo, New York, 14220, currently serves as a Legislative Aide to the South District Council Office; and Whereas: I hereby appoint Jennifer L. Westerholt to the position of Senior Legislative Assistant to the South District Council Office; and Whereas: The effective date for said appointment shall be July 1, 2007; Now, Therefore be it Resolved That: Jennifer L. Westerholt is hereby appointed as a Senior Legislative Assistant to the South District Council Office, effective July 1, 2007. Michael P. Kearns ADOPTED NO. 103 BY: COUNCILMEMBER MICHAEL LOCURTO RE: JAMES COSTELLO APPOINTMENT TO BICYCLE/PEDESTRIAN ADVISORY BOARD WHEREAS: The Bicycle/Pedestrian Advisory Board shall review ongoing and future projects in the City of Buffalo that affect cyclists, pedestrians and persons with disabilities. WHEREAS: The Bicycle/Advisory Advisory Board is to ensure that all City of Buffalo projects accommodate and encourage safe and legal travel by cyclists, pedestrians and persons with disabilities. WHEREAS: The Bicycle/Pedestrian Advisory Board shall advise various City of Buffalo departments on this issue. WHEREAS: The Bicycle/Pedestrian Advisory Board shall advocate for the implementation of City of Buffalo plans and make recommendations for bicycle and pedestrian travel. WHEREAS: James Costello, a City resident, is seeking appointment to a vacant position on the Bicycle/Pedestrian Advisory Board. WHEREAS: Mr. Costello is a partner at Handle Bars Cycling Company, located at 685 Englewood Avenue in Kenmore, New York. WHEREAS: Mr. Costello has promoted hundreds of numerous bike safety and helmet awareness programs as well as numerous cycling races in Western New York since 1991. WHEREAS: Mr. Costello is a past president of the Buffalo Cycling Club and past promoter of the Buffalo Triathlon. NOW THEREFORE BE IT RESOLVED: That the Common Council appoints Mr. James Costello to a vacant position on the Bicycle/Pedestrian Advisory Board. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE DIVISION OF COLLECTIONS NO. 104 BY MR SMITH RE: BUDGET AMENDMENTS Whereas Article 3 -7 gives the Common Council of the City of Buffalo the duty to adopt the annual operating budget of the City of Buffalo; and Whereas In the City Budget process, the Mayor Initially proposes the budget and after review the Council has the option to amend the budget; and Whereas There is no law, article or code which dictates a length of time for a review of written budget amendments or technical changes; and Whereas A local law must be laid on the table in its final form at least seven calendar days exclusive of Sunday prior to its final passage; Whereas In any budgetary process transparency Is essential, especially in closed negotiations between the Legislative and Executive branch; and Whereas Final Budget amendments and technical changes should have at least a 48 table wait before a final vote to allow for proper review or inspection of documents by the general public and Council; and Whereas Modification of rules and regulations In the adoption of budgetary amendments and technical changes are Integral steps in reform. Now Therefore Be It Resolved: All budgetary amendments by the Common Council made during the yearly budgetary process be laid on the table and made available for assessment at lemurs prior to passage exclusive of Saturday and Sun y. REFERRED TO THE COMMITTEE ON RULES NO. 105 RE: DIVERSITY HIRING GOALS Whereas: The City of Buffalo has established hiring goals to diversify workforce and business enterprise; and Whereas: The City will spend millions of dollars on construction projects; and Whereas Many businesses, contractors and subcontractors use the attempt of making a good faith effort to reach goals as a reason not to diversify their workforce thereby reducing the number of MWBEs involved in City contracts; and Whereas Formally the Office of Contract Compliance would monitor section 3 and workforce business and hiring goals as well as be able to agree or disagree on a contractors attempt to make a good faith effort; and Whereas There are currently no mechanisms in place to enforce compliance of Minority and Women Business Enterprise and hiring goals and determine if contractors are making a good faith effort; Now Therefore Be It Resolved: That this Common Council of the City of Buffalo make the Department of Community Services and Recreational Programming, Office of Contract Compliance added as a signatory on all invoices on contracts over $50,000 on City projects; and Be It Further Resolved: That the Department of Community Services and Recreational Programming, Office of Contract Compliance shall be given the ability to conduct compliance reviews of any and all contractors and vendors with contracts over $50,000 to determine compliance and regulations with Minority and Women Business Enterprise and hiring goals; and Be It Finally Resolved: Contractors participating in the bid process must complete in its entirety all documents related to Minority and Women Business Enterprise and hiring goals and participation and the City shall retain right to cancel any contract, refrain from entering into any contract debar and deem ineligible any person, company, contractor or subcontractor found to be in violation of Minority and Women Business Enterprise and hiring goals. REFERRED TO THE MINORITY BUSINESS ENTERPRISE COMMITTEE, THE COMMISSIONER OF COMMUNITY SERVICES & RECREATIONAL PROGRAMMING AND THE COMPTROLLER NO. 106 BY DEMONE SMITH APPOINTMENTS COMMISSIONER OF DEEDS That the following persons are hereby appointed as Commissioner of Deeds for the term ending December 31, 2008, conditional, upon the person so appointed certifying under oath to their qualifications and filing same with the City Clerk: Mary Ann Moriarity] Eric Jones James Turner Total 3 ADOPTED NO. 107 BY: DEMONE A SMITH APPOINTMENTS COMMISSIONERS OF DEEDS REQUIRED FOR THE PROPER PERFORMANCE OF PUBLIC DUTIES That the following persons are hereby appointed as Commissioner of Deeds for The term ending December 31, 2008, conditional upon the persons so appointed certifying under oath to their qualifications and filing same with the City of Buffalo Patricia Pierce William Licata Total 2 ADOPTED NO. 108 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, June 5, 2007 at 9:45 o'clock A.M. Committee on Finance Tuesday, June 5, 2007 at 10:00 o'clock A.M. following Civil Service Committee on Comm. Dev. Tuesday, June 5, 2007 at 1:00 o'clock P.M Committee on Legislation. Tuesday, June 5, 2007 at 2:00 o'clock P.M. Special Committees Spec. Leg. Comm. Mtg. Monday, June 11, 2007 at 10:00 o'clock A.M. in Room 1417 City Hall in relation to the Living Wage Commission. (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 NO. 109 ADJOURNMENT On a motion by Mr. Bonifacio, Seconded by Mrs. Russell, the Council adjourned at 3 pm GERALD CHWALINSKI CITY CLERK