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Home My WebLink About09-1222 (2)No. 24 PROCEEDINGS OF THE CITY OF BUFFALO December 22, 2009 MAYOR Hon. Byron W. Brown COMPTROLLER Andrew Sanfilippo COMMON COUNCIL PRESIDENT OF THE COUNCIL FILLMORE DISTRICT DAVID A. FRANCZYK PRESIDENT PRO TEMPORE SOUTH DISTRICT MICHAEL P. KEARNS MAJORITY LEADER LOVEJOY DISTRICT RICHARD A. FONTANA DISTRICT COUNCIL MEMBERS - ELLICOTT DEMONE A. SMITH — MASTEN MICHAEL J. LO CURTO — DELAWARE JOSEPH GOLOMBEK JR. — NORTH DAVID A. RIVERA- NIAGARA BONNIE C. RUSSELL - UNIVERSITY REGULAR COMMITTEES CIVIL SERVICE COMMITTEE: Bonnie E. Russell Chairman, Michael P. Kearns, David A. Rivera, Joseph Golombek Jr. - Members CLAIMS COMMITTEE: David A. Rivera Chairman, Michael P. Kearns, Richard A. Fontana, Bonnie E. Russell - Members COMMUNITY DEVELOPMENT COMMITTEE: Michael LoCurto, Chairman, Richard A. Fontana, Joseph Golombek Jr., David A. Rivera, Demone Smith - Members FINANCE COMMITTEE: Michael P. Kearns, Chairman, Michael J. LoCurto, David A. Rivera, Bonnie E. Russell, Demone A. Smith - Members. LEGISLATION COMMITTEE: Joseph Golombek Jr., Chairman, Richard A. Fontana, Michael LoCurto, David Rivera, Bonnie E. Russell- Members. RULES COMMITTEE: David A. Franczyk, Chairman, Michael P. Kearns, Richard A. Fontana - Members SPECIAL COMMITTEES Members BUDGET COMMITTEE: Richard A. Fontana, Chairman, Michael P. Kearns, Michael J. LoCurto, Demone Smith - EDUCATION COMMITTEE: Demone Smith, Chairman, Richard A. Fontana, Michael P. Kearns - Members MINORITY BUSINESS ENTERPRISE COMMITTEE: Demone Smith Chairman, Richard A. Fontana, Joseph Golombek Jr., David A. Rivera, Members POLICE OVERSIGHT: Richard A. Fontana, Chairman, Richard A. Fontana, David A. Rivera, Bonnie E. Russell, Demone Smith — Members Members PUBLIC TRANSPORTATION: Michael P. Kearns, Chairman, Richard A. Fontana, Michael J. LoCurto, David A. Rivera - WATERFRONT DEVELOPMENT COMMITTEE: Michael P. Kearns, Chairman, Joseph Golombek, Jr, Michael J. LoCurto, David A. Rivera, members CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO TUESDAY, DECEMBER 22, 2009 AT 2:00 P.M. Present - David A. Franczyk, President of the Council, and Councilmembers: Fontana, Golombek, Kearns, LoCurto, Rivera, Russell, Smith -8 Absent - 0 On a motion by Mr. Fontana, Seconded by Mr. Kearns, the minutes of the stated meeting held on December 8, 2009 were approved. INVOCATION PLEDGE TO FLAG DATE Dec 22, 2009 FINAL MAYOR 1. Appointment Buffalo Arts Commission (Cooper) R &F 2. Appointment Buffalo Arts Commission (Rooney) R &F 3. Reappoint Commissioners Pursuant to 5 -4 -City Charter(Comm Svs, A &F,PW) COW MAYOR - EXECUTIVE 4. Plan Bd- Negative Declaration- 377 -393 Main Street(Ell) R &F 5. Strat Plan- Report of Sale 124 Courtland (Lov) CD 6. Strat Plan- Report of Sale 236 Pershing (Ell) CD 7. Strat Plan- Report of Sale 24 Stone (Lov) CD 8- 7A Strat Plan- Confirmation 294 -302 Hudson Project Not in Jeopardy of Losing Funding(Ell) LEG PUBLIC WORKS 9- 8. Notification Serials- 10532 -10533 R &F 10- 9. Bus Shelters Within City ROW APP 11- 10. Change in Contract- Klein hans Music Hall Electrical (Nia) APP 12- 11. Change in Contract Marcy Casino (Del) APP 13- 11A Lease Agreement Btwn COB & Kleinhans Music Hall(Nia) FIN 14- 12. Permission to Increase Consultant Contract MLK Park (Mas) APP 15- 13. Purchase of Trucks From Existing Contracts for Use in the Parks Division APP 16- 14. Report of Bids -Curb & Sidewalk Various Locations APP 17- 15. Report of Bids -Mill and Overlay City Wide APP 18- 16. Report of Bids -North Buffalo Ice Rink (Del) APP 19- 17. Request for FCC Mandated Radio Equipment to Narrow Band Radio System APP 20- 18. Request for Qualifications Emergency Snow Removal APP 21- 19. Permission to Receive Grant Funding for Kevin Roberson, Shoshone Park and Delaware Park Ring Road APP 22- 20. Appt Street Repair Worker(Perm)(Inter)(Norman) CS 23- 21. Appt Street Repair Worker(Perm)(Inter)(Leonard) CS PERMITS AND INSPECTIONS 24- 22. Food Store License -517 Niagara(Ell) APP 25- 23. Food Store License 523 Starin(Univ) LEG 26- 24. Permission to Receive Grant Funding for Demolitions APP 27- 25. Request for Lead Agency Designation- Restore NY Demolitions APP ADMINISTRATION AND FINANCE 28- 26. EZ Tag Contract FIN CIVIL SERVICE COMMISSION 29- 26A Amendment to Contract Inquiries, Inc. Background Investigations Entry Police and Fire Candidates FIN CITY CLERK 30- 27. Liquor License Applications R &F 31- 28. Reports of Attendance R &F 32- 29. Notices of Appointments - Council Interns ADOPT 33- 30. Notices of Appointment - Seasonal R &F 34- 31. Notices of Appointments- Temp /Prov /Perm CS MISCELLANEOUS 35- 32. J. Allen - Article Vermont Willow Crops Promise Cheap Biomass Fuel R &F 36- 33. Buffalo Olmsted Parks Conservancy Funding Request 2010 PK O /S,A &F 37- 34. Buffalo Olmsted Parks Conservancy Budget 2010 PK O /S, A &F 38- 35. Buffalo Water Board - Notice of Public Hearing FIN 39- 36. Buffalo Water System - Monthly Operations Report- November 2009 FIN 40- 36A AFSCME -Local 264 MOU PK O/S 41- 37. L.P Ciminelli -Board Packet Documents - December 2009 R &F 42- 38. T. Dee -Erie Canal Dev -Bflo Harbor Bridge Project -South Michigan Ave R &F 43- 39. L. Kostek- Various Letters Opposing 294 -298 Hudson St LEG 44- 40. M. Marsch- Concerns - Buffalo Hotel Owners & Operators CD 45- 41. D. Ponton- Response Buffalo State College Student Housing LEG 46- 42. M. Morga- Letter in Support of M. Rodgers for Ellicott District Seat R &F 47- 43. M. Rodgers- Letters in Support of M. Rodgers for Ellicott District Seat R &F 48- 44. J. Rushton - Letter of Resignation Common Council Staff R &F 49- 45. Olmsted Parks - Update on Management Contract PK O/S PETITIONS 50- 46. A. Cantos, Owner, Use 2264 Main St. for a Ground Sign(Del)(no pub hrg) LEG,CPBD RESOLUTIONS 84- 47. Golombek Disch Leg -CCP# 15, 11 /24 /09 -Notif Serials 10514- 10526(PW) ADOPT D/C DENY 85- 48. Golombek Limiting Amount of Employees in Individual Council Offices That Receive Healthcare and Legacy Benefits R &F 86- 49. Golombek Requiring CC Chief of Staff and & Central Staff to Hold Degrees - R &F 87- 50. Golombek Use of College Interns Within Buffalo CC Central Staff R &F 88- 51. Golombek,etc Support Neighborhood Schools ADOPT 1 ST & 2 ND RES REM TO ED 89- 51A Kearns Disch Fin, CCP# 71, 11/24/2009 - Budget & Personnel Amendment PW ADOPT D/C APP 90- 52. Russell Budget & Personnel Amendment - Assess & Taxation APP 91- 53. Russell Mandating that Landlord Smoking Policies be Disclosed as Part of All New Written Lease Agmts in the COB ADOPT 1 ST & 3 RD RES REM TO LEG,CC 92- 54. Smith Disch MBEC CCP# 83,10/27/09 -MWBE Goals R &F 57- 7. Res 87 As Amended ADOPT D/C ADOPT 93- 55. Smith Disch MBEC CCP# 119,05/13/08 -City Contracting ADOPT D/C ADOPT 94- 56. Smith Disch MBEC CCP# 119,10/16/07 -Req Info Re Living Wage 59- 9. Com 10 Dec 8 Report of Sale 349 Hewitt(Univ)(Strat Plan) MWBE and Diversity Goal Compliance ADOPT D/C ADOPT 95- 56A Smith NY Main St Program ADOPT 96- 57. Smith Comm of Deeds Public Duties ADOPT 97 58. Smith Comm of Deeds ADOPT TABLE ITEMS #105 9/1/09 K. Frizlen, Owner, Rezone 301, 305, 311 West Utica for Multi Family Housing (Nia)(hrg 5/19) SUBMISSION LIST OF COMMITTEE ITEMS FOR THE COUNCIL MEETINGS CIVIL SERVICE 51- 1. Com 17 Dec 8 Appt Equipment Operator (Perm )(I nterm)(Salter)(PW) APP 52- 2. Com 26 Dec 8 Appt Dispatcher (Perm)(Max) (Huth macher)(A &F) APP 53- 3. Com 31 Dec 8 Notices of Appointments- Temp /Prov /Perm(CtyClk) R &F FINANCE 54- 4. Com 1 Dec 8 Approval of Salary Ordinances Related to City Parks(Mayors) R &F 55- 5. Com 2 Dec 8 Certificate of Necessity /Transfer of Funds Related to 56- 6. Com 11 Dec 8 Certificate of Necessity_(Compt) R &F 57- 7. Res 87 Dec 8 Transfer of Funds - Public Works APP 58- 8. Res 92 Dec 8 Budget and Personnel Amend -PW, Parks & Streets APP COMMUNITY DEVELOPMENT 59- 9. Com 10 Dec 8 Report of Sale 349 Hewitt(Univ)(Strat Plan) RECOMMIT 60- 10. Com 27 Dec 8 Response to D. Jackson Regarding CRUCIAL(Comm Serv) R &F 61- 11. No 41 Nov 24 L. Kostek- Neighbors Concerns - "Barker Commons "294 -302 22. Res 91 Dec 8 Acquisition of 294 -302 Hudson Review by the CC(except 1 sc res) APP Hudson St LEG 62- 12. Com 6 Nov 24 Report of Sale 26 Girard(Masten)(Strat Plan) RECOMMIT 63- 13. No 74 Nov 24 Report of Sales -112, 116 Jersey (EII)(Strat Plan)( #7,11/10) RECOMMIT 64- 14. No 77 Nov 24 Report of Sale 1606 Jefferson (Mas) Dec 8 NYS Empire Zone #38- Regionally Significant Project APP (Strat Plan)(#8,10/27)(#76,1 1 /10) RECOMMIT 65- 15. Com 8 Nov 10 Report of Sale 74 Rich lawn (Mas)(Strat Plan) RECOMMIT 66- 16. No 49 Nov 10 D. Jackson - Permission to Address BURA Committee on RECOMMIT 76- 26. Com 48 Behalf of CRUCIAL R &F 67- 17. No 62 May 26 M. Kearns, etc -Info HUD R &F 68- 18. No 39 Apr 14 M. Kearns -CDBG Program Monitoring Report for COB -Phase 1 & 2 R &F LEGISLATION 69- 19. No 45 Dec 8 M. Chapman -No Opposition to Expansion of Business at 933 Michigan Ave R &F 70- 20. No 54 Dec 8 A. P. Rowell, Agent, Use 491 Delaware Ave, For a Freestanding Sign(EII)(no pub hrg) APP 71- 21. Res 88 Dec 8 Ordinance Amend -Ch 413, Streets and Sidewalks APP 72- 22. Res 91 Dec 8 Acquisition of 294 -302 Hudson Review by the CC(except 1 sc res) APP 73- 23. Res 93 Dec 8 LL Intro #5 -Amend Article #6 Authorizing Bflo CC to Make Application To Amend Areas Within COB as an Empire Zone APP 74- 24. Res 94 Dec 8 NYS Empire Zone #38- Regionally Significant Project APP 75- 25. No 84 Nov 24 A. Lojancono, Owner, Use 1518 Hertel Ave - Convert 1 Story Masonry to a Take -Out Restaurant(Del)(hrg 11/17)( #57,11/10) RECOMMIT 76- 26. Com 48 Sept 1 Used Car Dealer -1235 Fillmore (Mas)(EDPI) RECOMMIT 77- 27. No 30 Apr 28 D. Franczyk -D Dankowski- Concerns Loud Noise From Car Boom Boxes R &F SPECIAL COMMITTEES BUDGET 78- 28. No 52 Oct 13 J. Pajak -2010 Capital Budget and Bond Sale Recommendation R &F 79- 29. No 75 July 21 Capital Improvement Program Budgeting Process(EDPI)( #36,7/7) R &F 80- 30. Com 12 July 7 Response Info Requested Regarding Budget(Asmt) R &F 81- 31. Com 13 July 7 Response Info Requested Regarding Budget(MIS) R &F 82- 32. Com 34 July 7 Response Info Requested Regarding Budget(Fire) R &F 83- 33. Com 39 July 7 Response Info Requested Regarding Budget(EDPI) R &F FROM THE MAYOR NO. 1 APPOINTMENT BUFFALO ARTS COMMISSION Pursuant to Chapter 6, Article V, Section 6 -26 of the Buffalo Code, I hereby appoint James Cooper, 253 Humboldt Parkway, Buffalo, New York 14208 to serve as a member of the Buffalo Arts Commission. Mr. Cooper shall serve at the pleasure of the Mayor during his term in Office. By charter term shall be concurrent with the appointing authority. Mr. Cooper has been employed by the Board of Education for the past 15 years and currently serves as a Computer Instructor for the Adult Education Division. He holds a Bachelor of Fine Arts in Illustration. I hereby certify that James Cooper is fully qualified to serve on the Buffalo Arts Commission. RECEIVED AND FILED NO. 2 APPOINTMENT BUFFALO ARTS COMMISSION Pursuant to Chapter 6, Article V, Section 6 -26 of the Buffalo Code , I hereby appoint Kathleen Rooney, 143 Mariner Street, Buffalo, NY 14201 to serve as a member of the Buffalo Arts Commission. Ms. Rooney shall serve at the pleasure of the Mayor during his term in office. By charter term shall be concurrent with term of appointing authority. Ms. Rooney currently serves as Senior Vice President for Travers Collins & Company. I hereby certify that Kathleen Rooney is fully qualified to serve on the Buffalo Arts Commission. RECEIVED AND FILED NO. 3 REAPPOINTMENT OF COMMISSIONERS PURSUANT TO §54 OF THE CITY CHARTER §5 -4 of the City Charter states in relevant part: "All mayoral appointments" of department heads.., which appointments are subject to confirmation by the common council, shall terminate unless otherwise specified by general, special or local law herein, at the termination of the elected term of the mayor; and shall require reconfirmation by the common council." In accordance with this provision and applicable local law, I hereby reappoint the following individuals as department heads effective January 1, 2010 (the start of the next Mayoral term): 1. Tanya Perrin - Johnson, Commissioner of Community Services and Recreational Programming; 2. Janet E. Penksa, Commissioner of Administration, Finance, Policy, and Urban Affairs; 3. Steven J. Stepniak, Commissioner of Department of Public Works, Parks, and Streets. Each has served the City faithfully and is duly qualified for reappointment. I respectfully urge Your Honorable Body reconfirm them at your earliest opportunity. REFERRED TO THE COMMITTEE OF THE WHOLE FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE CITY PLANNING BOARD NO.4 NEGATIVE DECLARATION NOTICE OF DETERMINATION OF NON- SIGNIFICANCE This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (SEAR - State Environmental Quality Review) of the Environmental Conservation Law. City of Buffalo Planning Board Room 901, City Hall 65 Niagara Square Buffalo New York 14202 As per the provisions of SEAR, the Lead Agency has reviewed the following action as it relates to the environment: Former AM &As Department Store, Renovation 377 -393 Main Street (AKA 377 Main Street) Type 1, Coordinated Description: Carmina, Woods, Morris Architecture, Engineering, Interior Design on behalf of Signature Development, Mr. Rocco Termini has proposed the renovation of the former AM &As Department Store located at 377 -393 Main Street, Buffalo New York. The currently vacant building is proposed to be renovated into a mixed use facility. The uses will include a nationally flagged hotel located in the south portion of the building with accessory banquet facilities on one of the floors. A college instructional bakery program is also being proposed along with a public food court on the ground floor. Commercial space is proposed for the third and fourth floor in the north portion of the building and residential apartments on the upper floors. The projects construction schedule is not yet identified as the start dates are contingent on having all the financing in place. The total estimated budget is $70,000,000 all of which will be financed by Signature Development through a combination of public and private sources. Financing is expected to be off set by the use of federal and NY State Historic Preservation Tax Credits. In regard to the actual renovation, the exterior of the building will be completely restored, including masonry cleaning /re- pointing and the restoration of the existing windows; compatible new windows will be installed where existing windows are missing or non historic; the original storefronts along Washington Street will be recreated base on photographic evidence. A new parking garage is planned for the basement of the building, with access provided by a proposed ramp that is proposed to be constructed in the current East Eagle Street Right of Way which are currently being reviewed by the City of Buffalo Public Works Department as part of a coordinated review under SEQRA. The existing pocket park is anticipated to be continued in some form in the Right of Way. 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. Further review is necessary to measure the impacts of the proposed ramp and use of the Right of Way of East Eagle Street with its permanent encroachments as proposed by the developer. That review should include all underground utilities and the possible relocation of such and also if any change is needed in the existing "Finding of No Significant Impact' (FONSI) for the re- introduction of cars on Main Street and its possible connections to and from East Eagle Street with vehicular and pedestrian traffic implications along such Rights of Way. No further environmental review, at this time, of the Planning Board Action will be conducted prior to project implementation and a Draft Environmental impact Statement will not be prepared. This Negative Declaration has been prepared in accordance with the requirements of SEQR (Article 8 of the Environmental Conservation Law). Reasons Supporting This Determination: The facts and reasons for this decision are as follows: The renovation will take a long abandoned building in the heart of Downtown Buffalo and convert it into a vibrant facility that will bring a positive completion to an important city block. The project will also create new construction job opportunities for area residents. 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 Dated: December 15, 2009 RECEIVED AND FILED FROM THE OFFICE OF STRATEGIC PLANNING NO. 5 REPORT OF SALE 124 COURTLAND, 215' N DELAVAN LOT SIZE: 30'X 102' ASSESSED VALUATION: $3,900.00 (LOVEJOY DISTRICT) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Michael G. Lyons, 37 Cantwell Street, Buffalo, New York 14220 to purchase 124 Courtland Street. Mr. Lyons owns a one family at 128 Courtland, which is adjacent to 124 Courtland. He intends to use the vacant lot for additional green space for his tenants. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. The Division of Real Estate has investigated the sale of similar lots in the subject area. Sales range from Forty Five Cents ($.45) to Sixty Five Cents ($.65), per square foot. Mr. Lyons has agreed and is prepared to pay One Thousand Four Hundred Dollars ($1,400.00), Forty Five Cents ($.45) per square foot for the subject property. He has also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 124 Courtland to Mr. Michael Lyons in the amount of One Thousand Four Hundred Dollars ($1,400.00). 1 am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 6 REPORT OF SALE 236 PERSHING, 207.65' S NORTHAMPTON LOT SIZE: 30'X 147' ASSESSED VALUATION: $2,100.00 (ELLICOTT DISTRICT) The Office of Strategic Planning, Division of Real Estate has received a request from Mrs. Rose Marie Smith, 158 Bauman Road, Williamsville, New York 14221 to purchase 236 Pershing Avenue. Mrs. Smith owns a one family at 240 Pershing Avenue, which is adjacent to 236 Pershing Avenue. She intends to use the vacant lot for additional green space for her tenants. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. The Division of Real Estate has investigated the sale of similar lots in the subject area. Sales range from Seventeen Cents ($.17) to Forty -Five Cents ($.45), per square foot. Mrs. Smith has agreed and is prepared to pay Eight Hundred Dollars ($800.00), Eighteen Cents ($.18) per square foot for the subject property. She has also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 236 Pershing Avenue to Mrs. Rose Marie Smith in the amount of Eight Hundred Dollars ($800.00). 1 am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 7 REPORT OF SALE 24 STONE, 247.01' E. BAILEY LOT SIZE: 63'X 135' ASSESSED VALUATION: LAND $2,500.00 IMPROVEMENT: $26,400.00 TOTAL $28,900.00 (LOVEJOY DISTRICT) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Les Mandez Baum, President of 1689 Broadway Inc., 1689 Broadway Street, Buffalo, New York 14212 to purchase 24 Stone Street. Mr. Les Mandez Baum intends to have the two family house demolished in order to expand the existing manufacturing company located at 1689 Broadway Street. The property consists of 2,900 square feet, two and one half story frame, two family dwelling in poor condition situated on a lot 53' x 135'. The property was acquired by the City through In Rem #41 in October 2007. There have been no other serious offers for the property, since being acquired by the City. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. The purchaser has commissioned Mr. Timothy Green, real estate appraiser to estimate the fair market value of the subject property. The appraiser has estimated the value of 24 Stone to be Five Thousand Five Hundred Dollars ($5,500.00). The Division of Real Estate has reviewed the appraisal report and concurs with the appraisers' estimate of value. Mr. Les Mandez Baum, on behalf of 1689 Broadway, Inc. has agreed and is prepared to pay Five Thousand Five Hundred Dollars ($5,500.00). He has also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 24 Stone Street to 1689 Broadway Inc. in the amount of Five Thousand Five Hundred Dollars ($5,500.00). 1 am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 8 FOLLOW UP TO TODAY'S CAUCUS ACQUISITION OF 294 -302 HUDSON STREET As I understand it, there was a question today about the eligibility of the Hudson property. According to DHCR's Buffalo Regional Office Director, Tom Van Nortwick, the grant to Heart of the City is not in jeopardy and can certainly wait until a new Councilperson is appointed and has the chance to become familiar with the situation. REFERRED TO THE COMMITTEE ON LEGISLATION FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO. 9 NOTIFICATION SERIAL #10532 REPEAINO PARKING ON WEST CLEVELAND DRIVE, SOUTHEAST SIDE BETWEEN EGGERT ROAD AND EAST CITY LINE (UNIVERSITY 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 therefrom the following: NO PARKING PROHIBITED PERIOD PROHIBITED PERIOD West Cleveland Drive, southeast side between At all times Eggert Road and east City Line This action is being taken at the request of the residents of the Kensington Village Apartments for better City services. (see next serial) NOTIFICATION SERIAL #10533 INSTALL ALTERNATE PARKING - TYPE IIK WEST CLEVELAND DRIVE BETWEEN EGGERT ROAD AND EAST CITY LINE (UNIVERSITY DISTRICT) NO PARKING (ALTERNATE - TYPE 11 K) - 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 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 adding thereto the following: NO PARKING PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD West Cleveland Drive, northwest side 6:00 p.m. Monday to 6:00 p.m. Thursday between Eggert Road and east City Line West Cleveland Drive, southeast side between 6:00 pm Thursday to 6:00 pm Monday Eggert Road and east City Line This action is being taken at the request of the residents of the Kensington Village Apartments for better City services. (see previous serial) RECEIVED AND FILED NO. 10 BUS SHELTERS (8) WITHIN CITY RIGHT -OF -WAY Mr. Chris Cronin, Traffic Data Administrator for the Niagara Frontier Transportation Authority (NFTA), has requested permission to install eight bus shelters within City right -of -way. The proposed locations are: Exchange St., north side of street, west of Van Rensselaer St. -Bailey Ave. @ Shirley, northwest comer -Hampshire St. @ Niagara St., southwest comer -Grant St. @ Bird Ave., northwest comer -Grant St. @ Auburn Ave., northwest comer -East Delavan @ Courtland, northeast comer -Washington St. @ Seneca St., northwest comer -Broadway @ Wick St., northeast comer The Department of Public Works, Parks and Streets has reviewed the NFTA's request pursuant to Chapter 413 -67 (Encroachment Regulations) of the City Charter and has no objection to Your Honorable Body authorizing the Commissioner of Public Works, Parks and Streets to issue a "Mere License" for said installation provided the following conditions are met: 1. That the applicant obtain any and all other City of Buffalo permits necessary for said installation. 2. That the bus shelters be installed exactly as shown on plans submitted to and approved by the Department of Public Works, Parks and Streets. That the applicant be responsible for maintaining the bus shelters as long as they remain within City right -of -way. That the applicant supply the City of Buffalo with a five thousand dollar construction in street bond or certificate of insurance which will indemnify and save harmless the City of Buffalo against any and all loss and damage arising out of the construction, maintenance, use and removal of said bus shelters. Mr. Fontana moved: That the above communication from the Department of Public Works, Parks and Streets dated December 16, 2009 be received and filed; and That the Commissioner of Public Works, Parks and Street be, and he hereby is authorized to issue a "Mere License" to Mr. Chris Cronin, Traffic Data Administrator for the Niagara Frontier Transportation Authority, applicant, to install eight (8) bus shelters, as more fully described in the above communication, which would encroach city right -of -way at said addresses, subject to the conditions as listed above. PASSED AYES -8 NOES -0 NO. 11 CHANGE IN CONTRACT KLEINHANS MUSIC HALL ELECTRICAL CAPABILITY JOB #0830 NIAGARA DISTRICT I hereby submit to Your Honorable Body the following changes for Kleinhans Music Hall, Electrical Capability, Industrial Power & Lighting Corp., C# 93000306 1. Provide 600KVA generator for full facility backup to Provide power to the building during the period that it was offlline ADD $22,838.00 The foregoing changes result in a net increase in the contract of Twenty Two Thousand Eight Hundred Thirty Eight and 00/100 Dollars($22,838.00) Summary Original Contract Amount $89,200.00 Change Order # 1 ADD $2,543.00 Amount of this change order( #2) ADD $22,838.00 Revised Contract Amount $114,581.00 Costs have been reviewed by the Consulting Architect (Hamilton, Lownie Architects, LLC) and the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in 30320706 445100 ($6,965.01);30337106 445100($13,792.95);32321506 445100($2,080.04) - Division of Buildings Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated December 15, 2009, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue change order No. 2, to Industrial Power & Lighting Corp., an increase in the amount of $22,838.00, as more fully described in the above communication, for work relating to Job No. 0830, Kleinhans Music Hall, Electrical Capability, C #93000306. Funds for this project are available in 30320706 445100 ($6,965.01); 30337106 445100 ($13,792.95); 32321506 445100 ($2,080.04) - Division of Buildings. PASSED AYES -8 NOES -0 NO. 12 CHANGE IN CONTRACT MARCY CASINO N. FACADE & PLAZA RECONSTRUCTION JOB #0812 DELAWARE DISTRICT I hereby submit to Your Honorable Body the following changes for Marcy Casino, N. Facade & Plaza Reconstruction, Tribal Construction, C #93000037. 1. Omit the 5 x 5 x 5/16 continuous steel relieving angles and furnish individual lintels over openings. DEDUCT $2618.00 2. Furnish and install continuous copper cap flashing with s/s drip edge on both sides of parapet wall. ADD $1033.87 3. Furnish and install approved exposed aggregate finish on concrete terrace in lieu of standard trowel finish. ADD $1723.00 The foregoing changes result in a net increase in the contract of One Hundred Thirty Eight and 87/100 Dollars($138.87) Summary Original Contract Amount $415,000.00 Amount of These Change Orders (1,2) ADD $138.87 Revised Contract Amount $415,138.87 Costs have been reviewed by the Consulting Architect (Trautman Associates) and the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in 39320706 445100 - Buildings. Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated December 14, 2009, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue change orders (1,2), to Tribal Construction, an increase in the amount of $138.87, as more fully described in the above communication, for work relating to Job No. 0812, Marcy Casino, C #93000037. Funds for this project are available in 39320706 445100 - Buildings. PASSED AYES - 8 NOES — 0 NO. 13 LEASE AGREEMENT BETWEEN CITY OF BUFFALO AND KLEINHANS MUSIC HALL MANAGEMENT INC The Lease between the City of Buffalo and Kleinhans Music Hall Management, Inc. expired on September i, 2008. The Board wishes to extend the current agreement for a period of one year with the understanding that the City continue to pay all utilities. All other terms and conditions would remain the same. During the one -year extension, Kleinhans Music Hall Management, Inc. and the Buffalo Philharmonic will work with us on developing a longer -term agreement. We respectfully request that the Buffalo Common Council authorize the Commissioner of Public Works, Parks & Streets and the Director of Real Estate to draft an agreement, and to further authorize the Mayor to enter into such an agreement. REFERRED TO THE COMMITTEE ON FINANCE NO. 14 PERMISSION TO INCREASE CONSULTANT CONTRACT STIEGLITZ SNYDER ARCHITECTURE [MLK PARK SHELTER HOUSE RENOVATION PROJECT [CONTRACT # 93000092 MASTEN DISTRICT I hereby submit to your Honorable Body the following change for this contract. Stieglitz Snyder Architect is the consultant for design services related to Renovation of the MLK Park Shelter House. This increase is necessary for following additional services related to design work: 1- Asbestos survey /Lead testing, design plan and air monitoring for abatement of the existing large quantity of Asbestos containing materials in the building. 2- Structural evaluation and report of the basement structure under pave drive area adjacent to the shelter house. I certify that this increase is fair and equitable for the work involved and respectfully request that your Honorable Body approve the subject change order and authorize the Commissioner of Public Works. Parks and Streets to issue said increase for $7,072.50 City has signed agreement with Dormitory Authority of the State of New York (DASNY) to receive $ 500,000 grant for this project. The funds are available in Bond Account # 32400406 - 445100. Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated December 15, 2009, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue a change order, to Stieglitz Snyder Architect, an increase in the amount of $7,072.50, as more fully described in the above communication, for work relating to MLK Park Shelter House, C #93000092. Funds for this project are available in Bond Account #32400406 - 445100. PASSED AYES -8 NOES -0 NO. 15 PURCHASE OF TRUCKS FROM EXISTING CONTRACTS FOR USE IN THE PARKS DIVISION Purchase four (4) F 350 Pick up trucks 4 x 4 with plows from NYSOGS item 22 PC 62886 @ $23,823.15 ea Total Funds for these items will come from the following account: 13111007 - 474100 Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated December 15, 2009, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to purchase four (4) F 350 Pick -up trucks as more fully described above. 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 by the Director of Purchase in the best interests of the City. Funds for the above purchases in the amount of $95,292.60 are available in 13111007 - 474100. PASSED AYES -8 NOES -0 NO. 16 REPORT OF BIDS CURB AND SIDEWALK PROJECT PIN 5759.14 VARIOUS LOCATIONS This is to advise Your Honorable Body that I have advertised and received bids on December 3, 2009 for the above referenced project The lowest three bids received were: Contractor Base Bid Total Bid Price Masters Edge, Inc. 3409 Broadway St. $335,872.00 $352,665.60 Cheektowaga, New York 14225 Destro & Brothers 411 Ludington St. Buffalo, $364,302.00 $382,517.10 New York 14206 Campobello Construction Co. Inc. $411,362.20 $431,930.31 23 Stratford Rd. Buffalo, New York 14216 1 hereby certify that the lowest responsible bidder for the above project is Master's Edge Inc. and 1 respectfully recommend that Your Honorable Body authorize a contract award to Master's Edge Inc. in the amount of $352,665.60 (Base Bid of $335,872.00 + [5% unit price increases] $16793.60 equals [Total Award] $352n665.60 The engineer's estimate for this work is $390,000.00 This project is a 100% reimbursed Federal Stimulus Project and funds for this project will be available in our Capital Account #31830006 - 445100. Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated December 15, 2009, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to award a contract for Curb and Sidewalk Project PIN 5759.14, Various Locations, to Master's Edge, Inc., the lowest responsible bidder, in the amount of $352,665.60 (Base Bid of $335,872.00 + [5% unit price increases] $16,793.60 equals [Total Award] $352,665.60. Funds for the project are available in Capital Account 31830006- 445100. PASSED AYES -8 NOES -0 NO. 17 REPORT OF BIDS MILL AND OVERLAY (9 STREETS) PIN # 5759.15 CITY WIDE This is to advise Your Honorable Body that I have advertised and received bids on November 24, 2009. The following bid was received: Contractor Base Bid ALT A ALT B ALT C 1 Amherst Paving Inc. $716,447.19 $97,165.97 $96,533.31 $233,574.95 2 Destro & Brothers $733,688.75 $121,735.00 $121,822.00 $263,662.50 3 Occhino Corp. $748,813.06 $100,381.10 $100,941.14 $251,374.29 4 Man O' Trees Inc. $805,181.61 $106,017.02 $116,805.00 $224,996.37 5 Louis Del Prince & Sons, Inc. $872,324.50 $148,433.00 $166,307.20 $369,591.30 6 Minherst Construction $914,045.25 $103,538.00 $100,214.30 $262,551.00 1 hereby certify that the lowest responsible bidder for the above project is Amherst Paving Inc. I respectfully recommend that Your Honorable Body authorize a contract award in the amount of $1,200,907.50 (Base Bid +ALT A + ALT B+ ALT C+ [5% unit price increases] $57,186.08 equals [Total Award] ($1,200,907.50). The engineer's estimate for this work is $1,537,750.00 This project is a 100% reimbursable Federal Aid Highway Project using stimulus funds. Funding for this work is available in a future account to be identified at a later date. Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated November 30, 2009, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to award a contract for Mill and Overlay (9 streets) PIN #5759.15 City Wide, to Amherst Paving, Inc., the lowest responsible bidder, in the amount of $ !,200.907.50 (Base Bid + ALT A + ALT B + ALT C + [5% unit price increases] $57,186.08 equals [Total Award] $1,200,097.50. Funds for the project are available in a future account to be identified at a later date. PASSED AYES -8 NOES -0 NO 18 REPORT OF BIDS — NORTH BUFFALO ICE RINK (DEL) I advertised for on November 2, 2009, and received the following formal sealed bids for the North Buffalo (Lafayette) Ice Rink, Dasher Boards, which were publicly opened and read on December 1, 2009. Base Bid. Alt #1 Alt #2 Alt #3 Rink Systems $140,000.00 ($ 3,000.00) $2,000.00 $3,000.00 1103 Hershey St., Albert Lea, MN Miller Enterprises $161,700.00 ($ 2,000.00) $ 700.00 $4,500.00 12 Newfield, Buffalo, NY Wilsandra Construction $169,800.00 ($ 500.00)$4,900.00 $5,555.00 300 Camden, Buffalo, NY Sicoli Construction Services $205,000.00 ($11,000.00) $5,000.00 $5,500.00 4800 Hyde Park, Niagara Falls, NY Titan Development $209,875.00 ($ 2,000.00) $2,000.00 $3,500.00 8534 Seaman, Gasport, NY Alternate #1: Deduct for Owner to retain existing dasher boards. Alternate #2: Add to furnish and install glass panels on straight section, entrance side to be seamless. Alternate #3: Add to provide and install 3/8" HDPE backer board on straight section entrance side. I hereby certify that the foregoing is a true and correct statement of all bids received and that Rink Systems, with a Base Bid of $140,000.00, deduct Alternate #1 for $3,000.00, add Alternate #1 for $2,000.00, add Alternate #3 for $3,000.00, for a total bid of One Hundred Forty Two Thousand and 00/100 Dollars ($142,000.00) is the lowest responsible bidder in accordance with the plans and specifications. I recommend that Your Honorable Body authorize the Commissioner of Public Parks, Parks & Streets to order the work on the basis of the low bid. Funding for this project is available in 32321106 - 445100 - Buildings Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated December 10, 2009, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to award a contract for the North Buffalo (Lafayette) Ice Rink, Dasher Boards, to Rink Systems, the lowest responsible bidder, in the Base Bid of $140,000.00, deduct Alternate #1 for $3,000.00, add Alternate #1 for $2,000.00, add Alternate #3 for $3,000.00, for a total bid of $142,000.00. Funds for the project are available in 32321106 - 445100 - Buildings. PASSED AYES — 8 NOES - 0 NO 19 REQUEST FOR FCC MANDATED RADIO EQUIPMENT TO NARROW BAND RADIO SYSTEM Purchase equipment to complete narrow banding of City radio system for various city departments per FCC Mandate. $ 71,682.25 Funds for these orders will come out of the following account:: 30032106 - 445100 Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated December 4, 2009, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to purchase the above described equipment for various city departments per FCC Mandate. Funds for the above purchase in the amount of $71,682.25 is available in 30032106- 445100. PASSED AYES -8 NOES -0 NO 20 REQUEST FOR QUALIFICATIONS EMERGENCY SNOW REMOVAL This is to advise Your Honorable Body that on November 15, 2009 the Department of Public Works advertised for qualified snow removal contractors to assist the City of Buffalo with snow removal at various locations as directed by the Commissioner of Public Works. Qualification packages were received by the Department of Public Works on December 9, 2009. The following contractors submitted successful qualification documents: Scott Lawn Yard, 5552 Townline Road, Sanborn, New York 14132 C. Destro Development, 2255 Bailey Avenue, Buffalo, New York 14211 Zoladz Construction Co. Inc., 13600 Railroad Street, PO Box 157, Alden, New York 14004 Destro & Brothers Concrete Co. Inc. 411 Ludington Street, Buffalo, New York 14206 Michael Serafini Trucking, Inc. 3529 Broadway, Cheektowaga, New York 14227 Hausrath's Landscaping & Maintenance, 451 Meyer Road, Buffalo, New York Lardon Construction Corp. 108 Lake Avenue, Blasdell, New York 14219 Man O' Trees, Inc. 1500 Union Road, West Seneca, New York, 14224 1 am hereby requesting Your Honorable Body's permission to employ any of the above contractors at the direction of the Commissioner of Public Works for emergency snow removal and related operations under an emergency contract. Funds for this work will be available at a later date. Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated December 15, 2009, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is granted permission to employ the above listed contractors for emergency snow removal and related operations under an emergency contract. PASSED AYES -8 NOES -0 NO 21 PERMISSION TO RECEIVE GRANT FUNDING FOR KEVIN ROBERSON AND SHOSHONE PARKS AND DELAWARE PARK RING ROAD The New York State Senate Finance Committee has approved the City of Buffalo to receive $300,000 in New York State Economic Development Assistance Program (NYS EDAP) and $250,000 in New York Economic Development Program ( NYEDP) funding. The grants are to be administered by the Dormitory Authority of the State of New York ( DASNY). The purpose of the grants are to repave Delaware Park Ring Road ($300,000) and to improve Kevin Roberson Park and Shoshone Park ($250,000). 1 am recommending that your Honorable Body authorize the Mayor on behalf of the City of Buffalo to enter into contracts with DASNY in order to receive the NYS EDAP and NYEDP funding and that your Honorable Body further authorize the Mayor and appropriate staff to execute and process such additional documentation and actions, including the approval of interfund loans for advance funding, as shall be necessary to facilitate the grant funding and that your Honorable Body direct the Corporation Counsel to finalize said contracts and other necessary documentation in a manner which is satisfactory to the Corporation Counsel's office. Under separate cover, specific contracts with firms bidding to provide said park improvements will be submitted to your Honorable Body for approval once the standard procurement procedures have been executed. There is no City match required for this funding. Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated December 15, 2009, be received and filed; and That the Mayor be, and he hereby is authorized on behalf of the City to enter into contracts for Kevin Roberson, Shoshone and Delaware Park Ring Road with DASNY in order to receive the NYS EDAP and NYEDP funding and that the Common Council further authorized the Mayor and appropriate staff to execute and process such additional documentation and actions, as shall be necessary to facilitate the grant funding and that the Common Council direct the Corporation Counsel to finalize said contracts and other necessary documentation, provided that any Interfund Cash Loans be duly approved by the Comptroller of the City of Buffalo and the Common Council prior to execution thereof. PASSED AYES - 8 NOES — 0 NO 22 APPT STREET REPAIR WORKER (PERM)(INTER)(NORMAN) Certificate of Appointment Appointment effective 12/11/2009 in the Department of Public Works Division of Engineering to the Position of Street Repair Worker Permanent, Appointment, Intermediate Starting Salary of $33,834 Brian K. Norman, 70 Gail Avenue, Buffalo 14215 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO 23 APPT STREET REPAIR WORKER (PERM )(INTER)(LEONARD) Certificate of Appointment Appointment effective 12/14/2009 in the Department of Public Works Division of Engineering to the Position of Street Repair Worker Permanent, Appointment, Intermediate Starting Salary of $22,542 Gregory M. Leonard, 149 Cushing Place, Buffalo 14220 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT & INSPECTION SERVICES NO 24 FOOD STORE LICENSE — 617 NIAGARA (ELL) Food Store (New) 517 Niagara (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 517 Niagara (FAMILY DOLLAR STORE #8078) and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collection Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Mr. Fontana moved: That the above communication from the Department of Economic Development, Permit and Inspections Services dated December 17, 2009, be received and filed; and That pursuant to Chapter 194 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services be, and he hereby is authorized to grant a Food Store License to Charles Curry located at 517 Niagara Street, d /b /a Family Dollar Store #8078. PASSED AYES -8 NOES -0 NO 26 FOOD STORE LICENSE 623 STARIN (UNIV) 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 523 Starin (Ronzo Enterprises /Christopher Mansour) 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 Departments, Building Inspections, Police Department and Collection Office I hind 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 26 PERMISSION TO RECEIVE GRANT FUNDING FOR DEMOLITIONS The New York State Senate Finance Committee has approved the City of Buffalo to receive $400,000 in New York Economic Development Program ( NYEDP) funding. The grants are to be administered by the Dormitory Authority of the State of New York ( DASNY). The purpose of the grant is to conduct demolitions to remove blight in the City of Buffalo. I am recommending that your Honorable Body authorize the Mayor on behalf of the City of Buffalo to enter into contracts with DASNY in order to receive the NYEDP funding and that your Honorable Body further authorize the Mayor and appropriate staff to execute and process such additional documentation and actions, including the approval of interfund loans for advance funding, as shall be necessary to facilitate the grant funding and that your Honorable Body direct the Corporation Counsel to finalize said contracts and other necessary documentation in a manner which is satisfactory to the Corporation Counsel's office. Under separate cover, specific contracts with firms bidding to provide said demolitions will be submitted to your Honorable Body for approval once procurement procedures have been executed. There is no City match required for this funding. Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated December 15, 2009, be received and filed; and That the Mayor be, and he hereby is authorized on behalf of the City to enter into contracts for Funding for Demolitions with DASNY in order to receive the NYEDP funding and that the Common Council further authorized the Mayor and appropriate staff to execute and process such additional documentation and actions, as shall be necessary to facilitate the grant funding and that the Common Council direct the Corporation Counsel to finalize said contracts and other necessary documentation, provided that any Interfund Cash Loans be duly approved by the Comptroller of the City of Buffalo and the Common Council prior to execution thereof. PASSED AYES -8 NOES -0 NO 27 REQUEST FOR LEAD AGENCY DESIGNATION - RESTORE NY DEMOLITIONS Prior to the implementation of the above - referenced action, the requirements of the New York State Environmental Quality Review Act (SEAR) must be satisfied. The project, as defined under SEAR, is an "Unlisted Action" for which the completion of a coordinated environmental assessment is recommended. As per Section 617.6 of the regulations, an agency responsible for determining the effect of the project on the environment must be designated from the involved agencies within 30 calendar days of this communication. It is proposed that the City of Buffalo Department of Economic Development, Permit & Inspection Services act as the Lead Agency for this action. If the Common Council has no objection to the City of Buffalo Department of Economic Development, Permit & Inspection Services acting as Lead Agency, please fill out the attached form. The project Environmental Assessment Form is enclosed for your review. Mr. Fontana moved: That the above communication from the Department of Economic Development, Permit and Inspections Services, dated December 10, 2009, be received and filed; and That pursuant to Article 8 of the New York Environmental Conservation Law and the implementing regulations, 6 NYCRR Part 617 (State Environmental Quality Review Act ( SEQRA), the Common Council hereby consents to the City of Buffalo Department of Economic Development, Permit and Inspections Services to act as SEQRA Lead Agency for Restore NY Demolitions. PASSED AYES -8 NOES -0 FROM THE COMMISSIONER OF ADMINISTRATION, FINANCE, POLICY & URBAN AFFAIRS NO 28 E Z TAG CONTRACT At the bid opening of June 8, 2009, we received the following sealed bids for the Division of Parking Enforcement, automated handheld ticket writer program: Bid per ticket The EZTag Corp., 334 Cornelia St. Plattsburg $ .47 Duncan Solutions, 633 W. Wisconsin Ave., Milwaukee WI 1.46 T2 Systems,7835 Woodland Dr., Indianapolis IN 1.13 Complus, 560 White Plains Rd. Tarrytown, NY .98 Velosum, 9690 South 300 West, Sandy, UT .90 A Park, 2148 -13353 Commerce Pkwy, Richmond, BC .49 I hereby certify that the foregoing is a true and correct statement of all bids received and the EZTag Corp. was the lowest bidder at $.47 per ticket, turn key operation. I recommend that Your Honorable Body authorize the Commissioner of Administration, Finance, Policy and Urban Affairs, Director Leonard G. Sciolino to order the work on the basis of the low bid. Funds for this project are available in 11413006- 444201- Division of Parking Enforcement in the amount of $126,500.00. REFERRED TO THE COMMITTEE ON FINANCE FROM THE CIVIL SERVICE COMMISSION NO 29 AMENDMENT TO CONTRACT INQUIRIES, INC. BACKGROUND INVESTIGATIONS ENTRY POLICE AND FIRE CANDIDATES PRIOR COUNCIL REFERENCE: Item No. 48, CCP 05/26/2009 The Department of Human Resources is in the process of qualifying Police Officer and Firefighter candidates for the acceptance into their respective academies. The vendor for candidate background investigations and polygraph testing for entry-level Police Officer and Firefighter is Inquiries, Inc. The vendor was awarded a contract with the City of Buffalo via the RFP process. The RFP allows two (2) one -year contract extensions. The second extension will expire March 31, 2010, which covers fiscal year 2009/10. This presents two issues. First, the Firefighter and Police Officer eligible lists will still be in- existence past March 31,2010. The Police Officer eligible list (if extended to four years) will expire October 15, 2011, and Firefighter (if extended to four years) will expire August 1, 2012. Second, it is imperative that all candidates receive equal treatment through the use of uniform methodology. This consistency can be achieved by maintaining the same testing vendor to perform the same services over the existence of an eligible list. The Department of Human Resources /Civil Service Administration respectfully requests authorization from the Common Council to amend the original contract with Inquiries, Inc to survive the maximum duration of the eligible list for entry-level Firefighter since this list has the possibility of being in- existence longest. Therefore, this amendment would include fiscal years 2010/11, 2011/12, and 2012/13 with an annual not to exceed amount of $75,000. REFERRED TO THE COMMITTEE ON FINANCE FROM THE CITY CLERK NO 30 LIQUOR LICENSE APPLICATIONS Attached hereto are communications from persons applying for liquor licenses from the Erie County Alcohol Beverage Control Board. Address Business Name 439 Delaware Merge Charles J. Schneider RECEIVED AND FILED NO 31 REPORTS OF ATTENDANCE I transmit herewith communications received by me, from the various boards, commissions, agencies and authorities reporting the membership attendance at their respective meetings: Buffalo Sewer Authority RECEIVED AND FILED NO 32 NOTICES OF APPOINTMENTS - COUNCIL INTERNS I transmit herewith appointments to the position of Council Intern. Mr. Fontana moved the approval of the appointments to the position of Council Intern. F- 1 19101ir:1.] Certificate of Appointment Appointment effective 12/2/2009 in the Department of Common Council Division of Fillmore District to the Position of Intern V, Non - Competitive, Flat Starting Salary of $8.00 per Hour. Kara McKenney, 44 Richmond Ave. Apt 5, Buffalo 14222 NO 33 NOTICES OF APPOINTMENTS - SEASONAL /FLAT I transmit herewith certificates received by me, reporting seasonal and flat salary appointments made in various departments. RECEIVED AND FILED. Certificate of Appointment Appointment effective 12/11/2009 in the Department of Public Works Division of Engineering to the Position of Laborer II, Seasonal Appointment, Flat Starting Salary of $11.57 per Hour. Joseph R. LoTempio, 34 Rugby Rd, Buffalo 14216 Certificate of Appointment Appointment effective 12/14/2009 in the Department of Public Works Division of Streets to the Position of Laborer II, Seasonal Appointment, Flat Starting Salary of $11.57 per Hour. Joseph Slomba, 31 Marine Drive, Apt 8E, Buffalo 14202 Certificate of Appointment Appointment effective 12/14/2009 in the Department of Public Works Division of Engineering to the Position of Laborer II, Seasonal Appointment, Flat Starting Salary of $11.57 per Hour. David A. Wellenzohn, 129 Arbour Lane, Buffalo 14220 NO 34 APPOINTMENTS - TEMPORARY, PROVISIONAL OR PERMANENT I transmit herewith Appointments in the various departments made at the Minimum (Temporary, Provisional or Permanent) (as per contract requirements). REFERRED TO THE COMMITTEE ON CIVIL SERVICE. Certificate of Appointment Appointment effective 12/11/2009 in the Department of Public Works Division of Streets to the Position of Street Worker, Permanent Appointment, Minimum Starting Salary of $31,647 Jeremy B. Oshirak, 205 Potomac Ave, Buffalo 14213 Certificate of Appointment Appointment effective 12/7/2009 in the Department of Public Works Division of Water to the Position of Account Clerk Typist, Provisional Appointment, Minimum Starting Salary of $30,829 Ronisha Rice, 649 Virginia St., Buffalo 14203 Certificate of Appointment Appointment effective 12/6/2009 in the Department of Public Works, Parks & Streets Division of Buildings to the Position of Senior First Class Stationary Engineer, Temporary Appointment, Flat Starting Salary of $15.00 Patrick J. Lonergan, 77 Potters Road, Buffalo 14220 Certificate of Appointment Appointment effective 12/3/2009 in the Department of Public Works, Parks & Streets Division of Buildings to the Position of Senior First Class Stationary Engineer, Temporary Appointment, Flat Starting Salary of $15.00 Michael J. Schieber, 168 Dundee Street, Buffalo 14220 Certificate of Appointment Appointment effective 12/4/2009 in the Department of Public Works, Parks & Streets Division of Buildings to the Position of Senior First Class Stationary Engineer, Temporary Appointment, Flat Starting Salary of $15.00 Alexander Porter, 141 Prospect Avenue, Buffalo 14201 NON - OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON - OFFICIAL COMMUNICATIONS NO 36 VERMONT WILLOW CROPS PROMISE CHEAP BIOMASS FUEL Available for Review in the City Clerks Office RECEIVED AND FILED NO 36 BUFFALO OLMSTED PARKS CONSERVANCY FUNDING REQUEST 2010 BOPC fiscal year runs from January 1 to December 31, City fiscal year starts July I - June 30. BOPC 6 mo request - to complete balance of current City fiscal year 1/1 /10- 6/30/10 (Same funding amount as County amount, 7/1/09- 12/31 /09) $1,083,000 Annual Fund for Equipment replacement 60,000 Total 1/1 /10 - 6/30/10 1,143,000 Full City fiscal year request City FY 7/1/10- 6/30/11 ($1.083 x 2) 2,166,000 Equipment replacement fund ($60,000 x 2) 120,000 Inflation (3% of basic agreement amount of $2,166,000 65,000 Inflation (3% of equipment replacement fund $120,000) 3,600 Total Operations funding for 7/1/10 - 6/30/11 2,354,600 One Time Equipment Fund 1,000,000 City FY 7/l/11-6/30/12 (Last year, less $1 million Equipment) 2,354,600 Inflation (3% of basic agreement and equip, fund of $2,354,600) 70,600 Total City funding for FY 7/l/11-6/30/12 2,425,200 Notes: • BOPC has raised over $8,000,000 in non - government operating funds since the beginning of the 2004 intermunicipal Agreement. • BOPC has raised nearly $15,000,000 in Capital Funds for park improvements • Another $3 million (minimally) is in jeopardy if BOPC's contract is not renewed for a stable long- term period of at least 10 years. : »9:1:L » III tell r:1:111110 99x61 ►G119616]dildiIIa1:11:11115i1►1LT- . K60: I: ME e3: rrG 1► 1. 1G 1 .l LTA 101 [311 :7G % Ito] ►E?19101 F- Expense 6151 - salaries - conservancy 511,882 6152 - salaries - mngt /oper.- county 1,846,586 6152.1 - mngt /oper -PIVOT NO 37 BUFFALO OLMSTED PARKS CONSERVANCY BUDGET 2010 6152.3 - in kind salaries @ 70% 2010 Budget Ordinary Income /Expense 0 Income 0 Government Grants /Contracts 4104.4 -City of Buffalo 2,220,300 Equipment replacement 100,000 Total 2,320,300 4104.7 - Pivot 100,000 4120 - Foundations 0 Other Foundations 275,000 Niagara Greenway Commissions 150,000 4202 - corp /business /organization 125,000 4203.1 - board /committee 60,000 Releaf /Memorials 50,000 4209 - commemorative gifting 20,000 2,500 Parks Partner /membership 35,000 4207 - Pledges- CFC.ES /Other5,000 4310.1 Major Donations 100,000 4310.4 - annual fund appeal /other gifts 35,000 4xxx - Change for the Parks 60,000 Capital Campaign 10,000 Total 4450 - Fundraising /Event Income 625,000 4550 - Contractual Services 17,500 4555 - Golf /Permit Revenue 375,000 4556 - Rental /other Contracts 4556.1 - Casino Rentals 100,000 4556 - Rental /other Contracts -Other 12,500 4560 - Lodge /Permitting Fees 17,500 4561 - concession /program rev. conservancy 20,000 4600 - interest income 3,000 4800 - miscellaneous 6210 - travel, food, lodging 4900 - merchandise 15,000 6212- auto /transportation 4999 - funds released from restriction 6214- depreciation expense 4999.1 - transfer to temp. restr. - 25,000 total income 4,478,300 Expense 6151 - salaries - conservancy 511,882 6152 - salaries - mngt /oper.- county 1,846,586 6152.1 - mngt /oper -PIVOT 80,000 xxxx - living wage adjustment 0 6152.3 - in kind salaries @ 70% 198,000 6152.6 - sal. - restr. Projects - releaf 0 6152.7 - salaries - projects -mayor 0 6154 - payroll tax & insurances 659,958 xxXXX- living wage adj benefits 6163 - repairs & maintenance 149,922 6164 - releaf projects 50,000 6165 - projects- mayor's $$ 0 6166 - restricted funds projects 0 6170- uniforms 12,000 6171 - advertirsing /recruiting 6,000 6173 -bank fees 2,000 6173.1- credit card use fee 4,500 6173.3- interest expense 7,500 6174 - dues /subscrip /mbrship 2,500 6175- equipment 115,000 6176 - office equipment expense5,000 6178 - license and fees 2,635 Total 6179 - information technology 7,500 6180- postage 5,500 6181- printing 10,000 6184 - landscaping supplies 199,500 6185- supplies 17,500 6186- telephone 27,500 6190 - professional services 6191- accounting 15,000 6192 -legal services 20,000 6193 - consulting services (ongoing) 12,000 6194 - contractual services (projects) 6,000 6200 - insurance 80,000 6210 - travel, food, lodging 9,000 6212- auto /transportation 18,000 6214- depreciation expense 91,317 6216- marketing /development 56,000 6217- conference 6217.1 -staff development 11,000 6218 -mtgs /receptions 9,000 6300 -fund raising 230,000 Total Expense 4,478,300 Net Ordinary Income 0 REFERRED TO THE SPECIAL COMMITTEE ON PARKS OVERSIGHT AND ADMINISTRATION & FINANCE NO 38 BUFFALO WATER BOARD - NOTICE OF PUBLIC HEARING Dear Mr. Chwalinski: Enclosed herewith is a copy of the notice of public hearing scheduled by the Buffalo Water Board for December 30, 2009 in the Common Council Chambers to commence at 6:30 p.m. to consider a revision of the Buffalo Water Board's Schedule of Rates, Fees and Charges. Please file this notice in the Clerk's official records. Thank you for your assistance. NOTICE OF PUBLIC HEARING Pursuant to Section 1048 -j of the New York State Public Authorities Law, the Buffalo Water Board hereby gives notice of a public hearing at which the public will have an opportunity to be heard on a proposed revision of the Buffalo Water Board's Schedule of Rates, Fees and Charges: Date and Time: December 30, 2009 at 6:30 p.m. until 7:30 p.m. Place: Council Chambers on the 13th Floor of City Hall, 65 Niagara Square, Buffalo, New York Matter: The Buffalo Water Board will consider a revision of the Schedule of Rates, Fees and Charges to be charged to all persons who use the Buffalo Water System. For further information, contact: Oluwole A. McFoy, Chair Buffalo Water Board, 502 City Hall, Buffalo, New York (716) 851 -5636 REFERRED TO THE COMMITTEE ON FINANCE NO 39 BUFFALO WATER SYSTEM - MONTHLY OPERATIONS REPORT - NOVEMBER 2009 Copy available for review in the City Clerks Office REFERRED TO THE COMMITTEE ON FINANCE NO 40 AFSCME -LOCAL 264 MOU AFSCME Local 264 Parks Memorandum of Understanding Dear Councilmember Kearns: In follow -up to the discussion at the Finance Committee meeting last week, attached please find the Memorandum of Understanding between the City of Buffalo and AFSCME Local 264 pertaining to (1) the transfer of Erie County parks employees to the City who will be represented by AFSCME Local 264 and (2) the operation of third parties (e.g., Buffalo Olmsted Parks Conservancy, Inc., Hasek's Hero's, and the South Buffalo Community Association) in the City Parks and Park Facilities. The Memorandum of Understanding is being forwarded to your Honorable Body for informational purposes only, as negotiation and execution of Memoranda of Understanding are executive functions provided for in Section 11 -4 of the City Charter and Civil Service Law §211. Respectfully yours, David Rodriguez Corporation Counsel Copy available for review in the City Clerks Office REFERRED TO THE SPECIAL COMMITTEE ON PARKS OVERSIGHT NO 41 L.P. CIMINELLI -BOARD PACKET DOCUMENTS - DECEMBER 2009 Attached are the following documents from the Joint Schools Construction Board meeting scheduled on December 7, 2009: 1. Draft Agenda 2. Meeting Minutes from JSCB Meeting dated November 2, 2009 and November 10, 2009 3. Fully Executed Phase III Application and Certificate for Payment No. 31 - October 2009 4. Phase III Application and Certificate for Payment No. 32 - November 2009 5. Phase IV Application and Certificate for Payment No. 17- November 2009 6. Program Packaging and Development Services (PPDS) Provider Update 7. Bevlar & Associates Inc. Construction Contract Monitoring and Compliance Services Monthly Report for Addendum 1 Phase III Project - October 2009 8. Bevlar & Associates Inc. Construction Contract Monitoring and Compliance Services Monthly Report for Addendum 1 Phase IV Project - October 2009 9. Inclusion Development Associates, Inc. Construction Contract Compliance Monitoring Monthly Report for Phase III- October 2009 Copy available for review in the City Clerks Office RECEIVED AND FILED NO 42 T. DEE -ERIE CANAL DEV -BFLO HARBOR BRIDGE PROJECT -SOUTH MICHIGAN AVE PIN 5758.17 - Buffalo Harbor Bridge Project Outer Harbor Access; South Michigan Avenue Bridge Replacement City of Buffalo, Erie County Draft Scoping Report Dear Mr. Chwalinski: We are transmitting for your review the Buffalo Harbor Bridge Draft Scoping Report, dated December 2009. This Report has been prepared in accordance with the National Environmental Policy Act (NEPA), the New York State Environmental Quality Review Act (SEAR) and Section 6002 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act (SAFETEA -LU). The Report presents the project's purpose and need, range of alternatives, screening criteria /methodology, and describes methodologies proposed for analyses and /or studies that will be completed under the Draft Environmental Impact Statement. We solicit your comments on the Report, and more specifically, on the purpose and need, range of alternatives, and appropriate methodology /level of detail required for upcoming analyses. Your comments should be as specific as possible and should address either the merits of the proposed project, the adequacy of the report, or both. Please complete the attached Comment Form and forward your comments to us by January 11, 2010. A public information meeting will be held at 5:30 P.M. on December 16, 2009 in the Waterfront School located at 95 Fourth Street in the City of Buffalo. Agency information meetings will be held on at 10:00 AM on December 21, 2009 and January 5, 2010 at 50 Lakefront Boulevard, Suite 111 in the City of Buffalo and via the web. All pertinent comments, including those received at the meetings, will be evaluated before a Final Scoping Report is completed. Sincerely, Erie Canal Harbor Development Corporation Thomas P. Dee President RECEIVED AND FILED NO 43 L. KOSTEK- VARIOUS LETTERS OPPOSING 294 -298 HUDSON ST Copy available fore review in the City Clerks Office REFERRED TO THE COMMITTEE ON LEGISLATION NO 44 M. MARSCH- CONCERNS - BUFFALO HOTEL OWNERS & OPERATORS Western New York Hotel Motel Association c/o Hyatt Regency Buffalo • Two Fountain Plaza • Buffalo, NY 14202.716 - 85504895 0716- 855 -4898 (Fax) December 9, 2009 We are writing on behalf of the very concerned Buffalo hotel owners and operators. In reference to the recent articles related to the development of additional hotels in downtown Buffalo, it is important to understand the current economics of the over supply of room inventory given the current level of demand. These factors have resulted in the undervaluing of the properties that are already in operation. Unfortunately, the limited amount of demand coupled with the ever - increasing inventory of hotel rooms, has had a negative effect on our overall average room rates, which are key to ensure not only the prosperity of established hotel properties, but also their viability. Currently, Buffalo's average daily room rate is approximately 30% below the average room rate of comparable secondary convention cities within the United States and many of the local properties are losing money. Unfortunately, the limited resources available to market the region as a convention and tourist destination has historically hurt our industry locally. Although, we are encouraged with the recent proposed increase in funding for the Buffalo Niagara Convention and Visitors Bureau as well as the forthcoming renovations at the convention center, we are dismayed at the "build it and they will come" mentality. As our industry struggles to break even, given these challenges, we would strongly encourage our local leaders to avoid supporting the continued public funding for the development of new hotels within Western New York. The convention and tourism industry is one of the few industries in Western New York that provides a great opportunity for future growth and further becoming an economic engine that should benefit the local community. Our industry brings much needed new money into the local economy, since the majority of our customers do not live in the immediate area. Not many other industries can boast that fact. Until there is 100% dedication of the hotel bed tax funds to the CVB for the sales and marketing efforts to promote conventions and tourism, and the resulting increase in occupancy and room rates, there should be no further public financial support provided to new hotel development. Michael Marsch David Carroll President, WNY Hotel -Motel Association Vice President, WNY Hotel -Motel Association Rick Likus Peter Florczak Treasurer, WNY Hotel -Motel Association WNY Hotel -Motel Association Rudi Rainer Past President, WNY Hotel -Motel Association REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO 45 D. PONTOON - RESPONSE BUFFALO STATE COLLEGE STUDENT HOUSING RE: Item #83 CCP 12/08/09, "Buffalo State College Student Housing" Dear Mr. Pajak and the Members of the Common Council, Thank you for sending a copy of the Common Council's resolution regarding student housing at Buffalo State College, and for the opportunity to respond. The decision to build new student housing on the Parking Lot L site came as the result of intensive research into how Buffalo State might best serve its students while spending and building responsibly. This project will be self- financed through the fees paid by students residing in the new facility; there will be no state funds and no federal stimulus funds used in its construction. Indeed, no public monies will finance this new residential facility. Bonds will be issued to finance the facility, and those bonds will all be bought by local banks. Consisting of three wings of varying heights (four, five, and seven stories), the new apartment -style dormitory will feature a total of 507 beds situated in 124 four -bed apartments, each with single rooms and full kitchens, and main -floor common space with laundry and activities. The new facility will help the college respond to an increased interest on the part of Buffalo State students in living on campus and engaging more fully in campus life - -a boon to the college and to the surrounding community. To offset the loss of the 433 parking spaces in Lot L, Buffalo State has built new parking in two lots for a total gain of 570 -- resulting, with the closure of Lot L, in a net gain of 137 spaces on campus. We continue to explore ways to further enhance parking on our campus. As always, we are guided in our planning and decision - making processes by our mandate to serve the students of Buffalo State College as best we are able. We are grateful, as ever, to have the support of the Common Council and the City of Buffalo in this worthy enterprise. Sincerely, Dennis D. Ponton, Ph.D. Interim President REFERRED TO THE COMMITTEE ON LEGISLATION. NO 46 M. MORGA- LETTER IN SUPPORT OF M. RODGERS FOR ELLICOTT DISTRICT SEAT Dear Mr. Chwalinski: I am writing you today as a 17 year City of Buffalo Business Owner in the Central Business District and resident of the Ellicott district; residing at 120 Johnson Park. I am hopeful that the council strongly considers the appointment of Marilyn Rogers to fill the Ellicott District Council Seat vacated several weeks ago. I have known Marilyn for several years now and am astounded at the level of personal commitment she has exhibited on many projects. Not the least of which was the help Marilyn gave me personally in purchasing an at risk property in the district. The property was in deplorable condition while it sat in the shadow of City Hall. Today it is a shining example of what can happen when people work together. Marilyn's effort as President of the Johnson Park Restoration Fund and the West Village Renaissance Group has been instrumental in making business and home owners in this district accountable to City laws and ordinances. Homeowners are forced to shovel their walks in the winter and paint and maintain their houses in the summer. Graffiti is identified and painted over and the difference is simply that we have taken back the City's first park and surrounding properties from vagrants and slumlords. This would not have happened without Marilyn. Tenacious and driven by the dream of a better Buffalo, this is the sort of person we need as the Ellicott District Council Member. Sincerely Michael Morga RECEIVED AND FILED NO 47 M. RODGER- LETTERS IN SUPPORT OF M. RODGERS FOR ELLICOTT DISTRICT SEAT Re: Filing of Letters of Support for Ellicott District Council Seat Mr. Chwalinski: Enclosed, please find 16 letters and e-mail communications I have been provided copies of from various supporters of my candidacy to the Ellicott District Council seat. Although there is no directive to do so, I was advised by a supporter to file whatever I had to assure these letters are shared with all councilmembers. I thank you, in advance, for your consideration in filing these letters. Sincerely, Marilyn Rodgers Copy available for City Clerks Office for Review RECEIVED AND FILED NO 48 J. RUSHTON- LETTER OF RESIGNATION COMMON COUNCIL STAFF Dear Council President Franczyk: I am writing this letter to inform you that I will be retiring from my position as Senior Legislative Assistant to the Common Council on December 31, 2009. 1 have enjoyed my thirty plus years working in government, and especially the past eleven years with the Common Council. I will miss everyone. Happy Holidays Sincerely yours Jacqueline E. Rushton Senior Legislative Assistant RECEIVED AND FILED NO 49 OLMSTED PARKS - UPDATE ON MANAGEMENT CONTRACT Media Release For Immediate Release: December 9, 2009 For More Information: Joy Testa - Cinquino 716 - 838 -1249 ext. 17, jtesta @buffaloolmsted parks.org OLMSTED CONSERVANCY GIVES UPDATE ON PARKS MANAGEMENT CONTRACT Invites community to rally Davis J. Colligan, chair of the Olmsted Parks Conservancy Board of Trustees, announced several "call to action" items the community can do in an effort to encourage Mayor Bryon Brown to complete park contract negotiations. During a press event in Martin Luther Kin, Jr. Park this morning, Colligan said there is no new contract information to report because there have been no face to face meetings with the Mayor. The Conservancy's trustees met in special session yesterday and drafted a community action plan that includes: • A Public Rally in support of the Olmsted Parks to be held this Sunday, December 13 at Noon in Martin Luther King, Jr. Park. Everyone is invited to attend, meet at the large statue of MLK by the Fillmore and Best entrances to the park. • Sign the Olmsted petition at www.buffaloolmstedparks.org endorsing your support of the Conservancy's work over the past 5 years. • Call the Mayor's office and voice your concern. • Write letters to the media endorsing the Conservancy's work and sharing park memories. Since 1978, when the Conservancy was formed as a "friends group" to advocate for the parks — through today, our mission, as a not -for- profit, independent, community organization has been to promote, preserve, restore, enhance, and ensure maintenance of Frederick Law Olmsted- designed parks and parkways in the Greater Buffalo area now and for future generations, Colligan said. "Frankly, it is challenging to follow through on that important community -based mission because we have not received any paperwork from the Mayor's office indicating he wants the Conservancy to continue as stewards of these historic landmark parklands." The Buffalo Olmsted Parks Conservancy is: • Committed to continuing the maintenance and restoration of the parks and to keep them as one Western New York's jewels. The conservancy raises as much money as possible to help keep our parks beautiful. • Committed to negotiating a contract with city so we can continue to serve the people of Buffalo and Western New York. • Committed to maintaining a diverse and skilled staff of landscape architects, arborists, and zone gardeners, some of whom began on public assistance and have worked hard at the Conservancy to create careers for themselves and are now independent tax paying citizens of our community. So, we ask you, the public, tax payers, park users, businesses, tourists, and foundations -those who have supported our efforts and those who truly care about clean, safe and beautiful parks, please help us to keep our role as park stewards of these treasured green spaces. Our partnership is one of the best things in Western New York because it has worked so well. For information on how to support the Conservancy go to www. buffaloolmsted parks. org. REFERRED TO THE SPECIAL COMMITTEE ON PARKS OVERSIGHT PETITIONS NO 50 A. CANTOS, OWNER, USE 2264 MAIN ST. FOR A GROUND SIGN (DEL)(NO PUB HRG REFERRED TO THE COMMITTEE ON LEGISLATION. THE CITY PLANNING BOARD REGULAR COMMITTEES CIVIL SERVICE (BONNIE E. RUSSELL, CHAIRPERSON) NO 51 APPT EQUIPMENT OPERATOR (PERM)(INTERM)(SALTER)(PW) Mrs Russell moved That Communication 17 of December 8, 2009 be Received and Filed and that the Permanent Appointment of Roderick D. Salter, 321 Hastings Ave, Buffalo, NY 14215 at the Intermediate Salary of $36,095.00 is hereby approved. PASSED AYES -8 NOES -0 NO 52 APPT DISPATCHER (PERM)(MAX)(HUTHMACHER)(A &F) (CCP# 26, 12/8) Mrs Russell moved That Communication 26 of December 8, 2009 be received and Filed and that the Permanent Appointment of Thomas M. Huthmacher, 88 Kentucky St, Buffalo, NY 14204 at the Maximum Salary of $37,077.00 is hereby approved PASSED AYES -8 NOES -0 NO 53 NOTICES OF APPOINTMENTS - TEMP /PROV /PERM(CTY CLK) CCP# 31, 12/28 Mrs. Russell moved That the above item be the same and hereby is Received and Filed ADOPTED FINANCE (MICHAEL P. KEARNS, CHAIRMAN) NO 54 APPROVAL OF SALARY ORDINANCES RELATED TO CITY PARKS (ITEM NO. 1, C.C.P., DEC. 8, 2009) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Kearns moved: That the above - mentioned item be and the same is hereby received and filed. ADOPTED NO 55 CERTIFICATE OF NECESSITY /TRANSFER OF FUNDS RELATED TO CITY PARKS (ITEM NO. 2, C.C.P., DEC. 8, 2009) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Kearns moved: That the above - mentioned item be and the same is hereby received and filed. ADOPTED NO 56 CERTIFICATE OF NECESSITY(COMPT) CCP# 11, 12/08 Mr. Kearns moved That the above item be the same and hereby is Received and Filed ADOPTED NO 57 TRANSFER OF FUNDS DEPARTMENT OF PUBLIC WORKS (ITEM NO. 87, C.C.P., DEC. 8, 2009) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Kearns moved: That the Comptroller be, and he hereby is authorized to transfer and reappropriate the sum of $904,077 within Public Works, Buildings as set forth in the above communication. PASSED AYES -8 NOES -0 NO 58 BUDGET AND PERSONNEL AMENDMENT DEPARTMENT OF PUBLIC WORKS, PARKS AND STREETS (ITEM NO. 92, C.C.P., DEC. 8, 2009) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Kearns moved: That the Budget and Personnel Amendment as contained in Item No. 92, C.C.P., December 8, 2009 be and the same hereby is approved. PASSED AYES -8 NOES -0 COMMUNITY DEVELOPMENT (MICHAEL J. LOCURTO, CHAIRMAN) NO. 59 REPORT OF SALE - 349 HEWITT (ITEM NO. 10, C.C.P., DEC. 8, 2009) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. LoCurto moved that the above item be recommitted to the Committee on Community Development ADOPTED NO. 60 RESPONSE TO D. JACKSON - REGARDING CRUCIAL (COMM SERV) CCP# 27, DEE 8 Mr. LoCurto moved That the above item be the same and hereby is Received and Filed ADOPTED NO. 61 L. KOSTEK- NEIGHBORS CONCERNS-"BARKER COMMONS" 294 -302 HUDSON ST CCP# 41, NOV 24 Mr. LoCurto moved That the above item be the same and hereby is Referred to the Committee on Legislation ADOPTED NO. 62 REPORT OF SALE - 26 AND 31 GIRARD (ITEM NO. 6, C.C.P., NOV. 24, 2009) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. LoCurto moved that the above item be recommitted to the Committee on Community Development ADOPTED NO. 63 REPORT OF SALE - 112 AND 116 JERSEY STREET (ITEM NO. 7, C.C.P., NOV. 10, 2009) (ITEM NO. 74, C.C.P., NOV. 24, 2009) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. LoCurto moved that the above item be recommitted to the Committee on Community Development ADOPTED NO. 64 REPORT OF SALE - 1606 JEFFERSON AVENUE (ITEM NO. 8, C.C.P., OCT. 27, 2009) (ITEM NO. 77, C.C.P., NOV. 24, 2009) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. LoCurto moved that the above item be recommitted to the Committee on Community Development ADOPTED NO. 65 REPORT OF SALE - 74 RICHLAWN (ITEM NO. 8, C.C.P., NOV. 10, 2009) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. LoCurto moved that the above item be recommitted to the Committee on Community Development ADOPTED NO. 66 D. JACKSON - PERMISSION TO ADDRESS BURA COMMITTEE ON BEHALF OF CRUCIAL CCP# 49, NOV LO Mr. LoCurto moved That the above item be the same and hereby is Received and Filed ADOPTED NO. 67 M. KEARNS, ETC - INFO -HUD CCP# 62, MAY 26 Mr. LoCurto moved That the above item be the same and hereby is Received and Filed ADOPTED NO. 68 M. KEARNS -CDBD PROGRAM MONITORING REPORT FOR COB -PHASE 1 & 2 CCP# 39, APRIL 14 Mr. LoCurto moved That the above item be the same and hereby is Received and Filed ADOPTED LEGISLATION (JOSEPH GOLOMBEK JR., CHAIRMAN) NO. 69 M. CHAPMAN -NO OPPOSITION TO EXPANSION OF BUSINESS OF BUSINESS AT 933 MICHIGAN AVE CCP# 45, 12/8 Mr. Golombek moved That the above item be the same and hereby is Received and Filed ADOPTED NO. 70 A. P. ROWELL, PETITION TO USE 491 DELAWARE AVENUE, FOR A FREESTANDING SIGN (ITEM NO. 54, C.CP., DEC. 8, 2009) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Golombek moved: That the petition of A. P. Rowell, agent, for permission to use 491 Delaware Avenue for a non - illuminated ground sign to the front of a lot for a commercial office be, and hereby is approved. PASSED AYES - 8 NOES — 0 NO. 71 ORDINANCE AMENDMENT - CHAPTER 413 - STREETS AND SIDEWALKS (ITEM NO. 88, CC.P., DEC. 8, 2009) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Golombek moved: That the Ordinance Amendment as contained in Item No. 88, C.C.P., December 8, 2009, be and the same hereby is approved. PASSED AYES -8 NOES -0 NO. 72 FILING OF NECESSARY PAPERWORK WITH CLERK REGARDING ACQUISITION OF 294 -302 HUDSON STREET FOR REVIEW BY THE COMMON COUNCIL (ITEM NO. 91, C.C.P., DEC. 8, 2009) That this Common Council encourages the City's Division of Real Estate and Department of Law to file the requisite paperwork regarding the acquisition of 294 -302 Hudson by HOCN with the City Clerk for review by the Common Council with all expedience, prior to the December 22, 2009 Common Council Meeting. PASSED AYES -8 NOES -0 NO. 73 LOCAL LAW INTRO. NO. 5 (2009) - EMPIRE ZONE #38 (144 URBAN STREET) (ITEM NO. 93, C.C.P., DEC. 8, 2009) That the Local Law as contained in Item No. 93, C.C.P., December 8, 2009, be and the same hereby is approved. PASSED AYES -8 NOES -0 NO. 74 ZONE ADMINISTRATIVE BOARD RESOLUTION (ITEM NO. 94, C.C.P., DEC. 8, 2009) That Concord Textile Care Products is requesting Empire Zone designation form the City of Buffalo as a Regionally significant Project under GML §957 paragraph (ii) of subdivision (d) as amended in §14 of Chapter 63 of the Laws of 2005; and The Buffalo Empire Zone Administrative Board authorizes the addition of Concord Textile Care Products at 144 Urban Street, Buffalo, New York (SBL #103.14 -2- 20.11' in Empire Zone #38; That the foregoing is true and correct resolution presented to and adopted by the Zone Administrative Board of the Buffalo Empire Zone at a meeting duly called and held in Buffalo, New York on the I st day of December 2009, and that such resolution is duly recorded in the minute book of the Empire Zone. PASSED AYES -8 NOES -0 NO. 75 A. LOJANCONO, PETITION TO USE 1518 HERTEL AVENUE - CONVERT 1 STORY MASONRY TO A TAKE -OUT RESTAURANT (ITEM NO. 57, CC.P., NOV. 10, 2009) (ITEM NO. 84, C.C.P., NOV. 24, 2009) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Golombek moved that the above item be recommitted to the Committee on Legislation ADOPTED NO. 76 USED CAR DEALER- 1235 FILLMORE (ITEM NO. 48, C.C.P., SEPT. L, 2009) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Golombek moved: Mr. Golombek moved that the above item be recommitted to the Committee on Legislation ADOPTED NO. 77 D. FRANCZYK -D. DANKOWSKI- CONCERNS LOUD NOISE FROM CAR BOOM BOXES CCP# 30, 4/28 Mr. Golombek moved That the above item be the same and hereby is Received and Filed ADOPTED SPECIAL COMMITTEES BUDGET COMMITTEE NO. 78 2010 CAPITAL BUDGET AND BOND SALE RECOMMENDATION (ITEM NO. 52, C.C.P., OCT. 13, 2009) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Fontana moved: That the above - mentioned item be and the same is hereby received and filed. ADOPTED NO. 79 CAPITAL IMPROVEMENT PROGRAM BUDGETING PROCESS (ITEM NO. 75, C.C.P., JULY 2L, 2009) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Fontana moved: That the above - mentioned item be and the same is hereby received and filed. ADOPTED NO. 80 RESPONSE INFO REQUESTED REGARDING BUDGET (ASSMT) (ITEM NO. 12, C.C.P, JULY 7, 2009) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Fontana moved: That the above - mentioned item be and the same is hereby received and flied. ADOPTED NO. 81 RESPONSE INFO REQUESTED REGARDING BUDGET (MIS) (ITEM NO. 13, C.C.P., JULY 7, 2009) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Fontana moved: That the above - mentioned item be and the same is hereby received and filed. ADOPTED NO. 82 RESPONSE INFO REQUESTED REGARDING BUDGET (FIRE) (ITEM NO. 34, C.C.P., JULY 7, 2009) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Fontana moved: That the above - mentioned item be and the same is hereby received and filed. ADOPTED NO. 83 RESPONSE INFO REQUESTED REGARDING BUDGET (EDPI) (ITEM NO. 39, C.C.P., JULY 7, 2009) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Fontana moved: That the above - mentioned item be and the same is hereby received and filed. ADOPTED RESOLUTIONS NO. 84 BY: MR. GOLOMBEK DISCHARGE ITEM FROM THE COMMITTEE ON LEGISLATION CORN 15 CCP 11124/09 "NOTIFICATION SERIAL # 10514- 10526(PW)" Whereas: Corn 15 CCP 11/24/09 "Notification Serial # 10514- 10526(PW)" is currently before the Legislation Committee; and Whereas: It is no longer necessary for this item to be considered by that committee; Now, Therefore, Be It Resolved: That the Common Council does hereby discharge the Legislation Committee further consideration of Corn 15 CCP 11/24109 " Notification Serial # 10514- 10526(PW)" is currently before the Legislation Committee and said item is now before the Council ADOPT DISCHARGE DENIED NO. NO. 85 BY: MR. GOLOMBEK LIMITING AMOUNT OF EMPLOYEES IN INDIVIDUAL COUNCIL OFFICES THAT RECEIVE HEALTHCARE AND LEGACY BENEFITS Whereas: The City of Buffalo downsized the Common Council in 2003; and Whereas Since that time, there has been an unwritten understanding that each office would be able to receive healthcare and legacy benefits for three people: the councilmember and two full time assistants; and Whereas There rests an opportunity for this understanding to be circumvented without it being put into writing, thus it would allow additional employees to collect healthcare on the back of the taxpayer; and Whereas If any additional employees were added onto an individual council office's payroll and retire, there lies a strong possibility that the City of Buffalo would have to pick up associated legacy costs; and Whereas Many levels of government are facing unprecedented problems with paying these healthcare and legacy costs; and Whereas The projected costs of these benefits, which are paid for by the taxpayer, show that they will only increase in the future; Therefore Be It Resolved: That the Common Council of the City of Buffalo does hereby declare that only the Councilmember and two full time staffers in each district office, for a total of twenty -seven people, are allowed health and legacy benefits from the City of Buffalo. Be It Further Resolved: That the Common Council sends this resolution to the appropriate committee in order to investigate the healthcare and legacy costs associated with each individual over the allotted twenty -seven people. RECEIVED AND FILED NO. 86 BY: MR. GOLOMBEK SUBJECT: REQUIRING BUFFALO COMMON COUNCIL CHIEF OF STAFF AND SECOND IN CHARGE TO HOLD POST GRADUATE DEGREES IN FIELDS OF LAW OR FINANCE; ALL OTHER POSITIONS IN COUNCIL CENTRAL STAFF MUST HOLD FOUR YEAR DEGREES Whereas The position of Buffalo Common Council Chief of Staff is the most critical position in the office of Buffalo Common Council Central Staff; and The Council Central Staff work for all nine Common Council members in a role to ensure the legislative branch works smoothly for the benefit of the citizens of Buffalo; and Whereas The position of Council Chief of Staff and the Second in Charge requires a vast knowledge of both legal and financial issues; and Whereas Any other position in Council Central Staff requires a vast knowledge of extensive research techniques; and Whereas In the eyes of many citizens government at all levels has not run as efficiently as it should because of the appearance of petty politics; and The citizens of the City of Buffalo deserve the best and brightest in the appointed positions on the Buffalo Common Council Central Staff; Therefore Be It Resolved: That the Common Council of the City of Buffalo does hereby require that during the next Common Council Reorganization, the people appointed to the position of Common Council Chief of Staff and the Second in Charge hold a post - graduate degree in either the field of law or finance from an accredited institution of higher learning. Be It Further Resolved: That the Common Council of the City of Buffalo does hereby require that any person to fill any other position in the Buffalo Common Council Central Staff hold a four year degree, in an appropriate field, from an accredited institution of higher learning, in order to keep the some of the best and brightest in this area. RECEIVED AND FILED BY: MR. GOLOMBEK NO. 87 11,611 moo] Wfiel44 mm =1111 10 1 1194 N01RATA 111: 110 1 11:1 =1111 -111 a 1M 11eZKe]LVihViIC0 IN l sd 4 0 1 111:7e11&3Ife1 y; Whereas: The City of Buffalo continues to lose population at a staggering rate; and Whereas: Many of the people that leave the city are recent college graduates from the area that have an uncanny ability to think outside the box when problem solving; and Whereas: A large amount of the students attending college in this area would like to have a hands on experience in working with local government ; and Whereas: The City of Buffalo Common Council Staff currently has no college interns working along side its staff; and Whereas: Several Buffalo Common Council Members have strong ties to the local colleges and universities located in and around the Buffalo area; and Whereas: These Council members can work with the officials at these schools to obtain students to intern on the Common Council Central Staff in exchange for course credit; Therefore Be It Resolved: That the Common Council of the City of Buffalo does hereby call for a program set up with local colleges and universities to provide internships within the Buffalo Common Council Central Staff in exchange for course credits at these local intuitions of higher learning. RECEIVED AND FILED NO. 88 BY: MR. GOLOMBEK, FONTANA, KEARNS RE: SUPPORT NEIGHBORHOODS SCHOOLS Whereas The strength of the Buffalo School system is its diversity; and Whereas Strong neighborhood schools can be used as a catalyst to rebuilding the surrounding community, including housing rehabilitation, economic and cultural vitality and create an overall sense of pride in an area; and Whereas Having children attending schools close to home saves money spent on busing; money that can be better spent in the classrooms. Some of the savings could also be used to retrain current employees of the bus company for other employment; and Whereas Last year $46 million was spent in the City of Buffalo to bus children to and from school. A portion of that amount is reimbursed by New York State; and Whereas Students should not have to spend long periods of time on a bus commuting to school; and Whereas A common reason middle and working class families from all parts of the city move to the suburbs is the fear that young children will be forced to attend a school and be bused across the city; and Whereas Neighborhood schools provide a sense of security, convenience and comfort to parents. This affords the children the opportunity to walk to school and spend more time with friends from the neighborhood rather than being on a bus and creates a sense of community knowing their afterschool playmates are their academic peers. Many children who walk or live close to school also have more opportunities for afterschool tutoring or for taking part in other school activities at the end of the day; and Parents of children in neighborhood schools are also more likely to volunteer and be actively involved in their children's education and take an active part in activities at the school; Now, Therefore be it Resolved: That the Common Council of the City of Buffalo supports neighborhood schools and encourages the Buffalo School Board and Superintendent to move toward that end and that the millions of dollars saved in busing children across town be spent in the classrooms or on keeping our school buildings and community centers open longer; and Be it Further Resolved: That the Common Council requests the Buffalo Board of Education implement an enrollment policy of offering neighborhood residents the first opportunity to attend schools in the neighborhood in which they reside; and Be it Finally Resolved: That the Buffalo Board of Education and School Superintendent report their findings and recommendations to this Council. ADOPT 1st & 2nd RESOLVE, REFER REMAINDER TO THE SPECIAL COMMITTEE ON EDUCATION NO. 89 BY: MR. KEARNS DISCHARGE FINANCE COMMITTEE "BUDGET & PERSONNEL AMENDMENT - PUBLIC WORKS ( #96, 11 -10)" (NO 71, C.C.P. NOV 24, 2009) Whereas The above item is currently in the Finance Committee; and Whereas it is no longer necessary for this item to be considered by that committee; Now therefore be it resolved That this Common Council does hereby discharge the Finance Committee from further consideration of "Budget & Personnel Amendment - Public Works(#96,1 1 /1 0)"(No 71 CCP Nov 24, 2009) and said item is now before the Common Council for its consideration. ADOPT DISCHARGE PASSED AYES — FONTANA, FRANCZYK, GOLOMBEK, KEARNS, RIVERA, RUSSELL, SMITH — 7; NOES - LOCURTO - 1 BY MRS RUSSELL NO. 90 BUDGET AND PERSONNEL AMENDMENT 06 - DEPARTMENT OF ASSESSMENT & TAXATION 1047 - ASSESSMENT The Common Council of the City Of Buffalo does ordain as follows: That part of Section 1 of Chapter 35 of the Code of the City of Buffalo, relating to 06 - Assessment and Taxation, 1047 - Assessment, which currently reads: 1 Tax Administrator $ 54,167 - $ 64,504 Is hereby amended to read: 1 Senior Tax Administrator $57,290 - $67,302 IT IS HEREBY CERTIFIED, that a personnel requisition incident to the creation of the above - mentioned position, containing a statement of the duties for such position, has been filed with the Municipal Civil Service Commission, and said Commission has approved and certified the position title set forth in the foregoing ordinance as being the appropriate Civil Service title for the proposed position MARTIN F. KENNEDY, COMMISSIONER OF ASSESSMENT AND TAXATION AND DONNA J. ESTRICH, DIRECTOR OF BUDGET, ADMINISTRATION AND FINANCE, hereby certify that the above change is necessary for the proper conduct, administration and performance of essential services of that department. We recommend that the compensation for said position be fixed at the respective amount set forth in the foregoing ordinance. APPROVED AS TO FORM ACTING CORPORATION COUNSEL PASSED AYES -9 NOES -0 NO. 91 BY: MS. RUSSELL MANDATING THAT LANDLORD SMOKING POLICIES BE DISCLOSED AS PART OF ALL NEW WRITTEN LEASE AGREEMENTS IN THE CITY OF BUFFALO WHEREAS, Landlords often incur additional costs when apartments are vacated by smokers because of the need for additional paint to cover smoke stains, the need to replace stained window blinds and damaged carpets, and the need to clean air ducts; and WHEREAS, Many landlords incorrectly believe that their tenant(s) have a legal right to smoke and are unaware of their own legal right to implement policies that restrict smoking in the personal living units, common areas and exterior grounds of their buildings; and WHEREAS, Because exposure to secondhand smoke has been causally linked to a variety of adverse health outcomes in both adults and children, New York State has instituted comprehensive policies which prohibit smoking in virtually all indoor workplaces. Currently, however, there is no law in New York State, or in any municipality that discloses whether smoking is restricted or allowed in apartments; and WHEREAS, In July 2009, the U.S. Dept. of Housing and Urban Development ( "HUD ") released a memo indicating that it is possible for HUD landlords to insert smoke free policies in their leases and that Public Housing Authorities are permitted and strongly encouraged to implement a non - smoking policy at their discretion; and WHEREAS, The State of Oregon has adopted legislation that is set to be implemented in January 2010 that requires landlords to disclose their smoking policy to tenant(s) as part of new, written leases, and this law has received the support of housing advocates, property owners and government officials; and WHEREAS, Buffalo Housing Court Judge Henry Nowak, the Erie - Niagara Tobacco -Free Coalition ( "the Coalition ") and others have for some time been advocating for legislation that would require Buffalo landlords to disclose their smoking policies to tenants as part of all new written, rental agreements; and WHEREAS, The New York State Real Property Law states that every tenant has the right to be free of dangerous, hazardous or detrimental" conditions, and enacting a disclosure law would offer a standardized method to inform concerned renters of possible exposure to harmful secondhand smoke in their homes; and WHEREAS, This proposed smoking policy disclosure legislation would NOT require landlords to either allow or limit smoking, but rather would simply require that landlords disclose to tenants whether smoking is restricted or allowed within rental units and common areas as part of any new, written lease; and WHEREAS, Providing information on a landlord's smoking policy will be beneficial to both prospective tenants who smoke and those who do not in that it will allow them to make informed decisions before they sign a lease; and WHEREAS, The smoking policy disclosure requirement within new, written leases would be simple, clear and informative and function in a similar way as do policies regarding pet ownership; and WHEREAS, By intention, this legislation would include no enforcement mechanism, as it is believed that landlords would follow the law voluntarily because it is in their best interest as well as that of their tenants; and WHEREAS, The Coalition and Buffalo Housing Court have stated their willingness to help educate the public on this new legislation and to work with the city to ensure the seamless implementation of a disclosure requirement; Specifically, Buffalo Housing Court is willing to distribute a comprehensive guide on the new law to each of the more than 8,000 people that pass through Housing Court each year, and the Coalition has pledged to spearhead an informational campaign with seminars, face -to -face landlord meetings, mailings, paid advertising and an aggressive media campaign; and WHEREAS, The American Cancer Society, the Asthma Coalition of Western New York, HealthNow New York, the Niagara County Dept. of Health, the p2 Collaborative of Western New York, Roswell Park Cancer Institute and the Western New York Cancer Coalition have all written letters in support of the adoption of a landlord smoking policy disclosure law. NOW, THEREFORE BE IT RESOLVED, That the Common Council strongly supports the development and enacting of a landlord smoking policy disclosure law for the City of Buffalo; and NOW, THEREFORE BE IT FURTHER RESOLVED, That the Common Council directs the Department of Law to draft a landlord smoking policy disclosure law for the City of Buffalo to be filed with the City Clerk for review by the Common Council; and NOW, THEREFORE BE IT FINALLY RESOLVED, That the Common Council hereby requests that a certified copy of this Resolution be forwarded to Buffalo Housing Court Judge Henry Nowak, the Erie - Niagara Tobacco -Free Coalition, the American Cancer Society, the Asthma Coalition of Western New York, HealthNow New York, the Niagara County Dept. of Health, the p2 Collaborative of Western New York, Roswell Park Cancer Institute and the Western New York Cancer Coalition. ADOPT 1st & 3rd RESOLVE, REFER REMAINDER TO THE COMMITTEE ON LEGISLATION & CORPORATION COUNSEL NO. 92 BY: MR. SMITH RE: DISCHARGE ITEM FROM THE MBEC COMMITTEE RES. 83, CCP 10/27/09 "MWBE GOALS (AS AMENDED)" Whereas: Res. 83, CCP 10/27/09 "MWBE Goals (As Amended)" is currently before the MBEC Committee; and Whereas: It is no longer necessary for this item to be considered by that committee; Now, Therefore, Be It Resolved: That the Common Council does hereby discharge the MBEC Committee from further consideration of Res 83 CCP 10/27/09 "MWBE Goals (As Amended)" is currently before the MBEC Committee, and said item is now before the Council. ADOPT DISCHARGE ADOPT NO. 93 BY: MR. SMITH RE: DISCHARGE ITEM FROM THE MBEC COMMITTEE RES. 119, CCP 5/13/08 "CITY CONTRACTING" Whereas: Res. 119, CCP 5/13/08 "City Contracting" is currently before the MBEC Committee; and Whereas: It is no longer necessary for this item to be considered by that committee; Now, Therefore, Be It Resolved: That the Common Council does hereby discharge the MBEC Committee from further consideration of Res119 CCP 5/13/08 "City Contracting" is currently before the MBEC Committee, and said item is now before the Council. ADOPT DISCHARGE ADOPT NO. 94 BY: MR. SMITH RE: DISCHARGE ITEM FROM THE MBEC COMMITTEE RES 119, CCP 10/16/07 "REQUEST FOR INFORMATION REGARDING LIVING WAGE, MWBE AND DIVERSITY GOAL COMPLIANCE (EXC I ST & 2 ND RES)" Whereas: Res 119, CCP 10/16/07 "Request for Info regarding Living Wage, MWBE and Diversity Goal Compliance (Exc 1 st & 2 " Res)" is currently before the MBEC Committee; and Whereas: It is no longer necessary for this item to be considered by that committee; Now, Therefore, Be It Resolved: That the Common Council does hereby discharge the MBEC Committee from further consideration of Res. 119, CCP 10/16/07 "Request for Info Regarding Living Wage, MWBE & Diversity Goal Compliance (Exc 1 st & 2nd Res)" is currently before the MBEC Committee, and said item is now before the Council. ADOPT DISCHARGE ADOPT NO. 95 BY: MR. SMITH NY MAIN STREET PROGRAM WHEREAS As part of the 2009 -2010 enacted New York State Budget, the Division of Housing and Community Renewal received a $48 million appropriation to implement the New York Main Street Program; WHEREAS The NY Main Street Program is a community grant program created for the sole purpose of revitalizing urban areas and stabilizing neighborhoods as a means to attract residents and businesses; WHEREAS The NY Main Street Program will fund community sponsored projects along Fillmore Avenue between North Parade and East Ferry, for the enhancement, development, or rehabilitation of current business structures; WHEREAS The NY Main Street Program will enable Buffalo to aggressively target business structures for neighborhood revitalization efforts and economic development, consistent with the City of Buffalo Comprehensive Plan; WHEREAS The NY Main Street Program will enable Buffalo to fund the rehabilitation of certain existing structures for economic development purposes and to preserve community resources, consistent with the City of Buffalo Comprehensive Plan; WHEREAS The Masten District Office will use this opportunity to continue its community outreach activities with regard to neighborhood and commercial revitalization efforts; WHEREAS, An application for the NY Main Street Program is seeking funding in the amount of $200,000 for the revitalization and rehabilitation of strategically chosen structures to enhance economic development efforts along Fillmore Avenue between North Parade and East Ferry; WHEREAS, The projects included in the NY Main Street Program application facilitates the effective and efficient use of existing and future public resources to promote economic development and preserve community resources; WHEREAS, The City of Buffalo Common Council endorses the application for funding through the NY Main Street Program; NOW, THEREFORE, BE IT RESOLVED: That the Mayor is hereby authorized to execute any and all documentation necessary to apply, accept and administer said grant funding. ADOPTED NO. 96 BY: DEMONE A SMITH APPOINTMENTS COMMISSIONERS OF DEEDS REQUIRED FOR THE PROPER PERFORMANCE OF PUBLIC DUTIES That the following person(s) are hereby appointed as Commissioner of Deeds for the term ending December 31, 2010, conditional upon the persons so appointed certifying under oath to their qualifications and filing same with the City of Buffalo Erin C. Kelley TOTAL 1 ADOPTED NO. 97 BY: DEMONE A SMITH APPOINTMENTS COMMISSIONER OF DEEDS That the following persons are hereby appointed as Commissioner of Deeds for the term ending December 31, 2010, conditional, upon the person so appointed certifying under oath to their qualifications and filing same with the City Clerk: • Kathleen Fawcett • Theresa Neureuther • Robert Rougeux • Kathleen K. Haberman TOTAL4 ADOPTED NO. 98 ANNOUNCEMENT OF COMMITTEE MEETINGS The following meetings are scheduled. All meetings are held in the Common Council Chambers, 13 floor City Hall, Buffalo, New York, unless otherwise noted. The following meetings are scheduled. All meetings are held in the Common Council Chambers, 13 floor City Hall, Buffalo, New York, unless otherwise noted. Regular Committees Committee on Civil Service Tuesday, December 29, 2009 at 9:45 o'clock A.M. Committee on Finance Tuesday, December 29, 2009 at 10:00 o'clock A.M. following Civil Service Committee on Comm. Dev. Tuesday, December 29, 2009 at 1:00 o'clock P.M. Committee on Legislation Tuesday, December 29, 2009 at 2:00 o'clock P.M. Special Committees Committee on Rules Tuesday December 29, 2009 at 11:00 o'clock A.M. in room 1417 City Hall (Public Disclaimer All meetings are subject to change and cancellation by the respective Chairmen of Council Committees. In the event that there is sufficient time given for notification, it will be provided. In addition, there may be meetings set up whereby the City Clerk's Office is not made aware: therefore, unless we receive notice from the respective Chairmen, we can only make notification of what we are made aware. NO. 99 ADJOURNMENT On a motion by Mr. Fontana, Seconded by Mr. Kearns, the Council adjourned at 3:00 PM Gerald Chwalinski City Clerk