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Home My WebLink About10-0202 (2)No. 3 PROCEEDINGS OF THE CITY OF BUFFALO FEBRUARY 2, 2010 MAYOR Hon. Byron W. Brown COMPTROLLER Andrew Sanfilippo COMMON COUNCIL PRESIDENT OF THE COUNCIL FILLMORE DISTRICT DAVID A. FRANCZYK PRESIDENT PRO TEMPORE NIAGARA DISTRICT DAVID A. RIVERA MAJORITY LEADER LOVEJOY DISTRICT RICHARD A. FONTANA DISTRICT COUNCIL MEMBERS CURTIS HAYES JR - ELLICOTT DEMONE A. SMITH — MASTEN MICHAEL J. LO CURTO — DELAWARE JOSEPH GOLOMBEK JR. — NORTH DAVID A. RIVERA- NIAGARA BONNIE C. RUSSELL - UNIVERSITY REGULAR COMMITTEES CIVIL SERVICE COMMITTEE: Bonnie E. Russell Chairman, Michael P. Kearns, Richard A. Fontana, Curtis Haynes Jr., David A. Rivera - Members CLAIMS COMMITTEE: David A. Rivera Chairman, Richard A. Fontana, Michael P. Kearns, Bonnie E. Russell - Members COMMUNITY DEVELOPMENT COMMITTEE: Michael LoCurto, Chairman, Richard A. Fontana, Joseph Golombek Jr., David A. Rivera, Demone Smith - Members FINANCE COMMITTEE: Michael P. Kearns, Chairman, Curtis Haynes Jr., Michael J. LoCurto, David A. Rivera, Bonnie E. Russell - Members. LEGISLATION COMMITTEE: Joseph Golombek Jr., Chairman, Richard A. Fontana, Curtis Haynes Jr., Michael LoCurto, David Rivera - Members. RULES COMMITTEE: David A. Franczyk, Chairman, Richard A. Fontana, David A. Rivera - Members 1-11:2 *] / e 1 S e i e L� i h� i 111 i 9 4 *1 Members BUDGET COMMITTEE: Richard A. Fontana, Chairman, Michael P. Kearns, Michael J. LoCurto, Bonnie E. Russell - EDUCATION COMMITTEE: Demone Smith, Chairman, Richard A. Fontana, Curtis Haynes Jr.- Members MINORITY BUSINESS ENTERPRISE COMMITTEE: Demone Smith Chairman, Richard A. Fontana, Joseph Golombek Jr., Curtis Haynes Jr. — Members PARKS OVERSIGHT: Demone A. Smith, Chairman, Richard A. Fontana, Curtis Haynes Jr., Michael P. Kearns, Michael J. LoCurto - Members POLICE OVERSIGHT: Richard A. Fontana, Chairman, Curtis Haynes Jr., Michael P. Kearns, David A. Rivera, Bonnie E. Russell, Demone Smith — Members PUBLIC TRANSPORTATION: Michael P. Kearns, Chairman, Richard A. Fontana, Michael J. LoCurto, David A. Rivera - Members WATERFRONT DEVELOPMENT COMMITTEE: Michael P. Kearns, Chairman, Joseph Golombek, Jr, Michael J. LoCurto, David A. Rivera, members CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO TUESDAY, FEBRUARY 2, 2010 AT 2:00 P.M. Present - David A. Franczyk, President of the Council, and Councilmembers: Fontana, Golombek Jr, Haynes Jr, Kearns, LoCurto, Rivera, Russell, Smith -8 Absent - 0 On a motion by Mr. Fontana, Seconded by Mr. Kearns, the minutes of the stated meeting held on January 19, 2010 were approved. INVOCATION PLEDGE TO FLAG DATE February 2, 2010 FINAL - CORRECTED MAYOR MISCELLANEOUS 1. Appt Buffalo Arts Commission(Chestnut) R &F 2- 1A Annual Action Plan 2010- 2011(Yr 36) CDBG CD MAYOR - EXECUTIVE 3- 2. Strat Plan -1318 Niagara St Investigation Contract Change Order #1(Nia) APP 4- 3. Strat Plan -1318 Niagara St Environmental Invest and Cleanup(Nia) R &F 5- 4. Strat Plan - Report of Sale 59 Fillmore(Fill) CD 6- 5. Strat Plan - Report of Sale 250 Hoyt(Nia) APP 7- 6. Strat Plan - Report of Sale 378, 384 Normal(Nia) APP 8- 7. Strat Plan - Report of Sale 843, 847, 849 Seneca(Fill) CD 9- 8. Strat Plan - Report of Sale 119 West(Ell) APP 10- 9. Strat Plan - Transfer Jurisdiction 157 Gold From COB to Bflo Bd Ed(Lov) APP 11- 10. Strat Plan - Transfer Jurisdiction 300 Manhattan From COB to Bflo Bd Ed(Mas)_CD COMPTROLLER 12- 11. Interfund Cash Loan($175,000) APP 13- 12. Interfund Cash Loan($400,000) APP 14- 13. Comprehensive Annual Financial Report FY Ended 6/30/09 FIN ASSESSMENT 15- 13A Response - Request Assmt Hrgs to be Held in Council Districts FIN PUBLIC WORKS 16- 14. Notification Serial #10537 -10539 R &F 17- 15. Albright Knox Art Gallery- Restoration of the Exterior Grand Staircase Entrance 18- 16. Change in Contract - Bicycle Rack Installation Project -Phase I APP 19- 17. Change in Contract- Franczyk Park Environ Remediation(Fill) APP 20- 18. Emergency Repairs -West Ferry Street Lift Bridge APP 21- 19. Endorsement of Appl for US Dept Energy ARRA for Block Grants APP 22- 20. Federal Highway Reimbursement From October '06 Storm APP 23- 21. Appt Laborer II (Perm)(2" Step)(Gaines) CS POLICE 24- 22. Approval for Purchasing Bear Cat With UASI 2008 Funds APP 25- 23. Seized Vehicle -1999 Chevy APPW /COND 26- 24. Seized Vehicle -2002 Honda APPW /COND FIRE 27- 24A Emergency Purchase of Apparatus APP PERMITS AND INSPECTIONS 28- 25. Food Store (New)380 Connecticut(Nia) APP 29- 26. Food Store(New)472 Main(Ell) LEG 30- 27. Food Store(New)325 Niagara (Ell) APP 31- 28. Second Hand Dealer -1277 Hertel(Del) LEG CITY CLERK 32- 29. Liquor License Applications R &F 33- 30. Notices of Appointment- Seasonal R &F 34- 31. Notices of Appointments- Temp/Prov/Perm CS MISCELLANEOUS 35- 32. C. Bohan -Dept of Energy -Final Envir Imp Stmnt- Decommissioning West Valley Demonstration Project & WNY Nuclear Sery Ctr R &F 36- 33. S. Doleski - NYSDEC -Req for Time Extension SEQR Review Battaglia Demo Facility 1037 -1055 Seneca St(Fill) LEG 37- 33A S. Kalogridis- Against Sale of Wine in the Grocery Store LEG 38- 34. M. Kearns - Article -Water Rates FIN 39- 35. M. Kearns -Req Board of Assmt Review Conduct Hearings In Council Districts 40- 36. M. LaVigne- Comments Reg Eliminating the BERC CD 41- 37. C. McNierney- Concerns Rural/Metro Medical Services in Buffalo LEG 42- 37A. B. O'Grady -Resp Bank of America Closing Broadway Branch CD 43- 38. A. Thompson -Metro Housing Protection Agency Proposal CD PETITIONS 44- 39. P. Fayushteyn, Owner, Use 1225 Hertel for a LED Billboard Sign(Del)(no pub hrg) LEG,CPBD, ZONING RESOLUTIONS 93- 40. Fontana Appoint Marriage Officer(Haynes, Jr) ADOPT 94- 40A Franczyk Appoint to Bicycle/Pedestrian Advisory Bd(Taczkowski) APP 95- 41. Golombek Disch Leg -ccp# 21, 1/19 -Food Store License (New) 302 Grant (Nia)(EDPI) ADOPT D/C APP 96- 42. Golombek Disch Leg -ccp# 27, 1/19 -Used Car Dealer 1531 Niagara (Nia)(EDPI) ADOPT D/C APP W /COND 97- 43. Golombek Filling Common Council Vacancies Via Special Election LEG 98- 44. Haynes Hang Banner for Mardi Gras Celebration ADOPT 99- 45. Haynes, etc The Creation of a Hate Crimes Task Force ADOPT 1,2,4,5,6 RES, REM LEG,POL 100- 45A Kearns Federal Aid Emergency Relief Project ADOPT 101- 46. Rivera, etc Ordinance Amendment- Domestic Partnership Benefits LEG 102- 47. Rivera, etc Ordinance Amendment- Domestic Partnership Registry LEG 103- 48. Rivera Proposed Closing of the Waterfront Health Care Ctr ADOPT 104- 49. Rivera Waive Construction, Contractor, Disposal Fees for PUSH, Inc.APP 105- 50. Russell Ordinance Amendment- Rental Dwelling Unit Registration LEG 106- 50A Smith Licensing of Retailers That Sell Tabacco Products LEG,CC 107- 51. Smith Comm of Deeds Public Duties 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 CLAIMS Personal Injury 45- A. 1. Tara Belin $25.000.00 APP A. 2. Denise Burnett $75.000.00 APP A. 3. Rachelle Cammillerie $30.000.00 APP A. 4. Nancy Loffredo $20.000.00 APP A. 5. Brittney Murphy $15.000.00 APP A. 6. Angeline McKinney PNG Sydney Holloway $49.500.00 APP A. 7. Nico Witherspoon $ 2.000.00 APP A. 8. Craig Witherspoon $ 2.000.00 APP A. 9. Ciara Witherspoon $ 2.000.00 APP A. 10. John Stronka $35.000.00 APP A. 11. Carlos Ramos $15.000.00 APP Property Damage 46- B. 1. Dino Adams $ 1.075.00 APP B. 2. Charles Bethea $ 310.16 APP B. 3. Josephine Calandra $ 485.00 APP B. 4. Robert Crawford $ 915.58 APP B. 5. Patricia Leggs & Shawn Long Jr. $ 321.90 APP B. 6. Catherine McNamara $ 181.75 APP B. 7. NY Central Mutual Ins. a /s /o Yvonne Antonetti $ 2.163.25 APP B. 8. NY Central Mutual Ins. a /s /o John & Alyson Wienclawski L168 .78 APP B. 9. Cheila Quinonez $ 4.670.68 APP 47- B. 10. Jason Ramos $ 625.00 APP 48- B. 11. Desiree Reid $ 617.48 APP MISCELLANEOUS REIMBURSEMENT B. 12. Rose VanKerkhoven $ 104.70 APP 49- C. 1. Ashlee Amoia $ 250.00 APP C. 2. Douglas Klotzbach $ .75 APP C. 3. Michael Mazgajewski $ 2.00 APP C. 4. Jeremy Valentine $ 623.00 APP Miscellaneous Invoices 50- D. 1. Buffalo Small Animal Hospital $ 8.522.00 APP D.2. Chem -Aqua $ 602.33 APP D. 3. Chudy Paper Company $ 81.29 APP D. 4. Colgate Heating $ 12.770.67 APP D. 5. DCB Elevator $ 8.541.71 APP D. 6. Geiter Done of WNY Inc. $ 1.000.00 APP D. 7. Geiter Done of WNY Inc. $ 4.011.00 APP D. 8. Geiter Done of WNY Inc. $ 2.000.00 APP D. 9. Hamburg Overhead Door $ 1.973.00 APP D. 10. IBM Corporation $ 87.256.87 APP D. 11. JMD Environmental Inc. $ 1.255.00 APP D. 12. McKays Clothing and Embroidery $ 148.72 APP D. 13. Paradigm Environmental Inc. $ 16.335.00 APP D. 14. Upper NYS Environmental $ 39.289.00 APP D. 15. Zenger Group $ 1.244.34 APP D. 16. Zenger Group $ 1.424.50 APP Miscellaneous 51- E. 1. Kevin Redanz $ 235.000.00 APP 52- E. 2. Sadeq Ahmed as Executor for Warith Habib Abdal $1.200.000.00 APP CIVIL SERVICE 53- 1. Com 36 Jan 19 Notices of Appointments- Temp /Prov /Perm(Cty Clk) R &F FINANCE 54- 2. Com 12 Jan 19 Permission to Enaaae Services of Consultina Enaineer Residential Meterina Prooram(PW) RECOMMITT 55- 3. Com 25 Jan 19 Increase in Contracts -300 Manhatten. 602 Fourth. Paradiam Asbestos Survev JMD Air and Proiect Monitorina Services(EDPI) APP COMMUNITY DEVELOPMENT 56- 4. Res 92 Jan 19 Approval to Lease 628 Washington St(EII)(Pub Hrg 2/2) APP 57- 5. Com 30 Jan 19 Lease Renewal -628 Washington (EII)(BURA) APP 58- 6. Com 5 Jan 19 Perm to Designate Redeveloper MLK Block Club Assoc - 1628 Fillmore (Mas)(Start Plan) R &F 59- 7. Com 6 Jan 19 Report of Sale -107 Burgard(Lov)(Strat Plan) APP 60- 8. Com 7 Jan 19 Report of Sale -162 Maple(EII)(Strat Plan) APP 61- 9. Com 8 Jan 19 Report of Sale -96 Oxford (Del)(Strat Plan) APP LEGISLATION 62- 10. Com 11 Jan 19 Ellicott St Gateway Project -Two Additional Potential Parcels(EII)(PW)_RECOMMITT 63- 11.Com 23 Jan 19 Food Store License (New) 2082 South Park (South)(EDPI) APP 64- 12. Com 26 Jan 19 Restaurant Dance Class IV -45 W. Chippewa(EII)(EDPI) APP 65- 13. Com 28 Jan 19 Used Car Dealer -1525 William (Lov)(EDPI) APP W /COND 66- 14. No 69 Jan 19 Food Store License (New)535 Broadway(EII)(EDPI)( #35,1/5) APP W /COND 67- 15. No 71 Jan 19 NYSDEC -SEAR Lead Agency Coordination Battaglia Transfer Station (#48,1 /5) RECOMMITT 68- 16. No 44 Jan 5 P. Haberstro -Erie County Walkability Studv R &F 69- 17. No 40 Nov 24 M. Kearns - Possible Street Name Change - Fuhrmann Blvd R &F 70- 18. No 46 Sept 15 T. DeJesus, Owner, Use 518 Niagara AKA 520 Niagara Alter Restaurant /Bar To Permit Live Music & Dancing(EII)(pub hrg 9/8)( #81, 9/1) APP 71- 19. No 96 June 23 J. Crewson, Agent, Use 191 Ganson St to Include a Concrete Crushing COMMITTEE OF THE WHOLE 72- 20. No 41 Apr 28 73- 21. Com 5 Sept 22 74- 22. No 45 Nov 24 75- 23. No 51 Nov 24 76- 24. No 52 Nov 24 77- 25. No 53 Nov 24 78- 26. No 54 Nov 24 79- 27. No 55 Nov 24 80- 28. No 56 Nov 24 81- 29. No 57 Nov 24 82- 30. No 32 Dec 8 83- 31. No 33 Dec 8 84- 32. No 34 Dec 8 85- 33. No 35 Dec 8 86- 34. No 36 Dec 8 87- 35. No 37 Dec 8 88- 36. No 38 Dec 8 89- 37. No 39 Dec 8 90- 38. No 40 Dec 8 91- 39. Com 3 Dec 22 92- 40. Res 77 Jan 5 Plant (South)(hrg 6/2)( #67,5/26)( #64,6/9) R &F W. Trezevant- Request Investigation Re Allegations R &F Letter to bd of Ethics -Req Review of News Article(CP) R &F G. Pritchard - Resume for Ellicott District Concilmember R &F J. Smith - Resume for a Position Within the Council Offices R &F D. Allen- Resume to Express Interest in Ellicott Council Seat R &F M. Rodgers- Resume to Express Interest in Ellicott Council Seat R &F N. Primerano- Resume to Express Interest in Ellicott Council Seat R &F B. McIntyre- Resume to Express Interest in Ellicott Council Seat R &F F. Heinle- Resume to Express Interest in Ellicott Council Seat R &F W. Trezevant- Resume to Express Interest in Ellicott Council Seat R &F N. Ahmed - Resume to Express Interest in Ellicott Council Seat R &F D. Gilbert- Resume to Express Interest in Ellicott Council Seat R &F F. Leli- Resume to Express Interest in Ellicott Council Seat R &F J. Morales- Resume to Express Interest in Ellicott Council Seat R &F D. Pridgen- Resume to Express Interest in Ellicott Council Seat R &F M. Weekes- Resume to Express Interest in Ellicott Council Seat R &F C. Haynes Jr- Resume to Express Interest in Ellicott Council Seat R &F B. Horton- Resume to Express Interest in Ellicott Council Seat R &F T. Maclin- Resume to express Interest in Ellicott Council Seat R &F Reappoint Commissioners Pursuant to 5 -4 City Charter (Comm Svs, A &F, PW) APP(Perrin- Johnson RECOMMIT) Ellicott District Vacancv R &F FROM THE MAYOR NO 1 APPOINTMENT — BUFFALO ARTS COMMISSION (CHESTNUT) Pursuant to Chapter 6, Article V, Section 6 -26 of the Buffalo Code, hereby appoint Thomas Chestnut, 37 Oakland Place, Buffalo, New York, 14222 to serve as a member of the Buffalo Arts Commission. Mr. Chestnut shall serve at the pleasure of the Mayor during his term in office. By charter term shall be concurrent with term of appointing authority. Mr. Chestnut is President and CEO of AAA Western and Central New York. I hereby certify that Thomas Chestnut is fully qualified to serve on the Buffalo Arts Commission. RECEIVED AND FILED NO2 ANNUAL ACTION PLAN 2010 -2011 (YR 36) CDBG 2010 -2011 Annual Action Plan (Year 36 Community Development Block Grant) Attached for Your Honorable Body's consideration, please find the City of Buffalo's 2010 -2011 Annual Action Plan in accordance with the allocation of funds set forth by the U.S. Dept. of Housing & Urban Development: Community Development Block Grant $16,091,522 HOME Investment Partnership Grant 5,081,876 Emergency Shelter Grant 706,910 Housing Opportunities for Persons with AIDS 521,962 New funding in the amount of $1,097,994 is provided to improve city parks and recreational centers in some of the city's neediest neighborhoods, thereby improving the quality of life for residents living in the surrounding neighborhoods. With the return of these parks and recreational centers from the county, numerous needed improvements have been identified. This budget reflects my administration's commitment to neighborhood revitalization and stabilization by increasing housing rehabilitation and demolition from $3,791,607 to $5,788,674. This funding is necessary to offset funding losses with the expiration of New York State's RESTORE NY program, which has provided approximately $20 million to the city for demolitions and rehabs over a three -year period. This will support keeping the city on track to meet the goals of the Mayor's "5 in 5" plan for 500 rehabs and 5,000 demolitions within five years. In addition, critical human service funding for community group delivery programs, that combat poverty and increase the quality of life for all, is provided in the sum of $2,413,728. The city is implementing a variety of reforms to expedite its contracting process with funded community groups and improve compliance with the requirements of the Federal Department of Housing and Urban Development (HUD). The application and requirements for presenting agency budgets has been streamlined and administrative changes have been implemented to expedite necessary approvals. With an ongoing review of the Buffalo Economic Renaissance Corporation underway, economic development funding is provided in a form that will assure flexibility m programmatic uses until the results of this review are completed. Program administration has been reduced by 16% Pursuant to HUD's citizen participation requirements and the requirements for presenting agency budgets, the City's 2010 -2011 Annual Action Plan has been developed in consultation with Erie County and New York State representatives as well as public and private agencies that provide housing assistance, health services, fair housing, and social services. The Annual Action Plan is also designed to carry out the objectives in the City's approved 2008 -2012 Consolidated Plan. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE OFFICE OF STRATEGIC PLANNING NO3 STRAT PLAN -1318 NIAGARA ST INVESTIGATION CONTRACT CHANGE ORDER #1 (NIA) PRIOR COUNCIL REFERENCE: Item # 6 CCP May 11, 2009 Ex. (Item No. 289. C.C.P. 07/20/04) The City of Buffalo has been awarded a State Assistance Contract (SAC) to undertake the Investigation /remediation at the 1318 Niagara Street property. The SAC permits municipalities to be reimbursed for 90% of the allowable costs of the project. The City is the current owner of the property. The New York State DEC has requested and approved a revised work scope and budget for the City's consultant, LiRo Engineers, Inc., on the 1318 Niagara Street project site. The changes include a preliminary site investigation to collect analyze and report on 22 environmental samples to define the scope of the pending Interim Remedial Measure that will be conducted to mitigate the existing hazards posed by site conditions. This task is in addition to LiRo's original project scope of work, The original contract, 93000465, amount is $70,365.00. Change Order 1 will increase the budget by $6,713.90 bringing the total budget to $77,078.90. The Office of Strategic Planning intends to access the additional funds for the project from Account No. 31810006 - 445100. I respectively request that your Honorable Body authorize an additional $6,713.90 for the 1318 Niagara Street investigation project as set forth above. Mr. Fontana moved: That the above communication from the Interim Commissioner of Economic Development, Permits and Inspection Services dated February 4, 2010, be received and filed; and That the Interim Commissioner of Economic Development, Permits and Inspection Services be, and he hereby is authorized to issue change order No 1, to LiRo Engineers, Inc., an increase in the amount of $6,713.90, as more fully described in the above communication, for work relating to 1318 Niagara Street Investigation, Contract 93000465. Funds for this project are available in Account No. 31810006 - 445100. PASSED AYES -9 NOES -0 N04 STRAT PLAN -1318 NIAGARA ST ENVIRONMENTAL INVEST AND CLEANUP (NIA) PRIOR COUNCIL REFERENCE: ITEM NO. 33, C.C.P. 04/03/07 ITEM NO. 14, C.C.P. 04/03/09 ITEM NO. 6, C.C.P. 05/11/09 The City of Buffalo has begun to undertake an Environmental Investigation and cleanup at the 1318 Niagara Street property. The project is being done in conjunction with a New York State Assistance Contract (SAC) under the Environmental Restoration Program. The SAC will reimburse the City for 90% of the allowable project costs. The City is the current owner of the property. Per the approval of this Honorable Body, the City has contracted with LiRo Engineers, Inc. (contract No. 93000465) as the City's consultant and oversight engineer on the project. At the behest of NYSDEC, to expeditiously continue with the project the City intends to allow LiRo to subcontract with the New York State Department of Environmental Conservation's (NYSDEC) Standby Remediation Contractor, Op -Tech, for the remediation of the 1318 Niagara Street property. Op- Tech's contract with the NYSDEC was competitively procured in accordance with State Finance Law. The proposed use of Op -Tech as a subcontractor to LiRo has been reviewed by City Corporation Counsel, found to be in accordance with General Municipal Law and acceptable as a contracting mechanism. It is understood that funds are available for this project from the City's environmental remediation bond account #31810006 - 445100. Therefore, it is the City's intent to have LiRo Engineers, Inc. subcontract with Op -Tech, using those rates and fees outlined with their Standby Contract with the NYSDEC, to undertake the remediation of the 1318 Niagara Street property. A Change Order to LiRo's contract will be presented to the your Honorable Body for approval when a negotiated price has been received and agreed upon by the City, LiRo and NYSDEC. This item is being presented for informational purposes only. RECEIVED AND FILED N06 STRAT PLAN - REPORT OF SALE 59 FILLMORE (FILL) Report of Sale 59 Fillmore, 93' N Hardwood Lot Size: 31'x 121' Assessed Valuation: $3,000.00 (Fillmore District) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Darryl T. Brzezniak, 61 Fillmore, Buffalo, New York 14210 and Ms. Roxanne M. Chase, 57 Fillmore, Buffalo, New York 14210 to purchase a portion of Fillmore, 15 Y2 'x 121' each. Mr. Brzezniak owns and resides at 61 Fillmore, which is adjacent to 59 Fillmore. Ms. Chase owns and resides at 57 Fillmore, which is adjacent to 59 Fillmore. They both intend to use their specified portion of the vacant lot as additional yard space. The northwest portion of 59 Fillmore, 15 YZ x121' will be deeded Mr. Brzezniak of 61 Fillmore. The southwest portion of 59 Fillmore, 15 Y2 'x 121' will be deeded to Ms. Chase of 57 Fillmore. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchasers. The Division of Real Estate has investigated the sale of similar lots in the subject area. Sales range from Forty Cents ($.40) to Seventy -Five Cents ($75), per square foot. Mr. Brzezniak has agreed and is prepared to pay Seven Hundred Fifty Dollars ($750.00), Forty Cents ($.40) per square foot for the northwest portion of the subject property. Ms. Chase has agreed and is prepared to pay Seven Hundred Fifty Dollars ($750.00), Forty Cents ($.40) per square foot for the southwest portion of the subject property. They have 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 northwesterly portion of 59 Fillmore to Mr. Brzezniak and the southwesterly portion of 59 Fillmore to Ms. Chase in the amount of Seven Hundred Fifty Dollars ($750.00) for each portion of the subject property. I am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT N06 START PLAN - REPORT OF SALE 250 HOYT (NIA) Report of Sale 250 Hoyt, 83.86' N Delavan Lot Size: 21'x 88' Assessed Valuation: $1,900.00 (Niagara District) The Office of Strategic Planning, Division of Real Estate has received a request from Ms. Gabrielle A. Mattina, 344 West Delavan, Buffalo, New York 14213 to purchase 250 Hoyt. Ms. Mattina owns and resides at 344 West, which is adjacent to 250 Hoyt. She intends to use the property for additional yard space. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. The Division of Real Estate has investigated the sale of similar lots in the subject area. Sales range from Fifty Cents ($.50) to One Dollar and Fifty Cents ($1.50), per square foot. Ms. Mattina has agreed and is prepared to pay One Thousand Four Hundred Dollars ($1,400.00), Seventy -Five Cents ($75) 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 250 Hoyt to Ms. Gabrielle A. Mattina 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. Mr. Fontana moved: That the above communication from the Office of Strategic Planning dated January 26, 2010, be received and filed; and That the offer from Ms. Gabrielle A. Mattina, residing at 344 West Delavan, in the sum of One Thousand and Four Hundred Dollars ($1,400.00) for the purchase of 250 Hoyt, be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES -9 NOES -0 N07 START PLAN - REPORT OF SALE 378,384 NORMAL (NAI) 378 Normal, 225.50' SE Massachusetts Lot Size: 27'x 149' Assessed Valuation: $4,800.00 384 Normal, 171.50' SE Massachusetts Lot Size: 27'x 149' Assessed Valuation: $4,800.00 (Niagara District) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Myo Thant, 380 Normal Avenue, Buffalo, New York 14213 to purchase the above referenced properties. Mr. Thant owns and resides at 380 Normal, which is adjacent to 378 and 384 Normal. He intends to use the properties for additional yard space. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. The Division of Real Estate has investigated the sale of similar lots in the subject area. Sales range from Forty Cents ($.40) to Ninety -Five Cents ($.95), per square foot. Mr. Thant has agreed and is prepared to pay Four Thousand Eight Hundred Dollars ($4,800.00), Sixty Cents ($.80) per square foot for the subject properties. 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 378 and 384 Normal to Mr. Myo Thant in the amount of Four Thousand Eight Hundred Dollars ($4,800.00). 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. Mr. Fontana moved: That the above communication from the Office of Strategic Planning dated January 26, 2010, be received and filed; and That the offer from Myo Thant, residing at 380 Normal Avenue, in the sum of Four Thousand and Eight Hundred Dollars ($4,800.00) for the purchases of 378 and 384 Normal, be and they hereby are accepted; and That the transfer tax, recording fees and cost of legal descriptions shall be paid by the purchaser; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of titles and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offers were submitted. PASSED AYES -9 NOES -0 N08 STRAT PLAN - REPORT OF SALE 843, 847, 849 SENECA (FILL) 843 Seneca 141'W Griffin Lot Size: 30'x 90' Assessed Valuation: $2,800.00 847 Seneca, 171' E Griffin Lot Size: 30'x 87' Assessed Valuation: $1,100.00 849 Seneca, 201' E Griffin Lot Size: 20'x 86' Assessed Valuation: $1,700.00 (Fillmore District) The Office of Strategic Planning, Division of Real Estate has received a request from Dixon Enterprises, Inc., Mr. Gerhardt Yaskow, 312 Summer Street, Buffalo, New York 14222 to purchase the above referenced properties. Mr. Yaskow owns a warehouse at 829 Seneca, which is adjacent to 843, 847 and 849 Seneca. He intends to redevelop the properties and use for parking. 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. Dixon Enterprises, Inc. has commissioned Arrow Appraisal Service, Ms. Patricia Swan, real estate appraiser, to estimate the Fair Market Value of the subject properties. She has estimated the Fair Market Value to be Seven Thousand Dollars ($7,000.00). The City of Buffalo Appraisal Review Board has reviewed the appraisal reports and concurs with the appraisers' estimate of value. Dixon Enterprises, Inc. has agreed and is prepared to pay Seven Thousand Dollars ($7,000.00) for the subject properties. 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 843, 847 and 849 Seneca to Dixon Enterprises, Inc. in the amount of Seven Thousand Dollars ($7,000). 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 N09 STRAT PLAN - REPORT OF SALE 119 WEST (ELL) Report of Sale 119 West, 100.50' SE Maryland Lot Size: 33'x 108' Assessed Valuation: $5,200.00 (Ellicott District) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Eric Kempisty, 115 West, Buffalo, New York 14201 to purchase 119 West. Mr. Kempisty owns and resides at 115 West, which is adjacent to 119 West. He intends to use the property for additional yard space. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. The Division of Real Estate has investigated the sale of similar lots in the subject area. Sales range from Seventy -Five Cents ($75) to One Dollar and Fifty Cents ($1.50), per square foot. Mr. Eric Kempisty has agreed and is prepared to pay Two Thousand Six Hundred Dollars ($2,600.00), Seventy -Five Cents ($75) 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 119 West to Mr. Eric Kempisty in the amount of Two Thousand Six Hundred Dollars ($2,600.00). 1 am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. Mr. Fontana moved: That the above communication from the Office of Strategic Planning dated January 26, 2010, be received and filed; and That the offer from Eric Kempisty, residing at 115 West, in the sum of Two Thousand and Six Hundred Dollars ($2,600.00) for the purchase of 119 West, be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES -9 NOES -0 NO 10 STRAT PLAN - TRANSFER JURISDICTION 157 GOLD FROM COB TO BFLO BD ED (LOV) Transfer Jurisdiction of 157 Gold from the City of Buffalo to the Buffalo Board of Education Lovejoy District The Office of Strategic Planning, Division of Real Estate, has received a request from the Buffalo Board of Education to transfer jurisdiction of 157 Gold from the City of Buffalo to the Buffalo Board of Education for school purposes. The property located at 157 Gold is a vacant parcel of land with a lot size of 30'x 134'. The City acquired 157 Gold in November of 2005 through Tax Foreclosure In Rem #39, Serial 6406. The Division of Real Estate contacted the Land Use Planning Committee and they have no objections to transferring jurisdiction of 157 Gold Street from the City of Buffalo to the Buffalo Board of Education for school purposes. If the Board of Education deems that they no longer need this property for school purposes, they will transfer jurisdiction of 157 Gold Street back to the City of Buffalo for disposition. This office is recommending that Your Honorable Body approve the transfer of jurisdiction of the above - mentioned property from the City of Buffalo to the Buffalo Board of Education; and that should the Buffalo Board of Education contract for the performance of any work on the premises, it shall be required that the City of Buffalo be named as an additional insured on any insurance policies issued as consideration for said contracts. Mr. Fontana moved: That the above communication from the Office of Strategic Planning dated January 25, 2010, be received and filed; and That the Director of Real Estate be, and he hereby is authorized to transfer the jurisdiction of 157 Gold from the City of Buffalo to the Buffalo Board of Education for school purposes; and if the Board of Education deems they no longer need for school purposes they should transfer the property back to the City of Buffalo; and that should the Buffalo Board of Education contract for the performance of any work on the promises, it shall be required that the City of Buffalo be named as an additional insured on any insurance policies issued as consideration for contracts. PASSED AYES -9 NOES -0 NO 11 START PLAN - TRANSFER JURISDICTION 300 MANHATTAN FROM COB TO BFLO BD ED (MAS) Transfer Jurisdiction of 300 Manhattan From the City to Buffalo to the Buffalo Board of Education The Office of Strategic Planning, Division of Real Estate has received a request from the Buffalo Board of Education to transfer jurisdiction of 300 Manhattan from the City of Buffalo to the Buffalo Board of Education for school purposes. The property located at 300 Manhattan was a former nursing home situated on a lot 746'x 256'. The nursing home structure was demolished on July 2, 2009. The property was acquired by the City of Buffalo through a bankruptcy proceeding for expansion of the parking lot at All High Stadium. The Division of Real Estate contacted the Land Use Planning Committee and they have no objections to transferring jurisdiction of 300 Manhattan from the City of Buffalo to the Buffalo Board of Education for school purposes. If the Board of Education deems they no longer need this property for school purposes, they will transfer jurisdiction of 300 Manhattan back to the City of Buffalo for disposition. This office is recommending that Your Honorable Body approve the transfer of jurisdiction of 300 Manhattan from the City of Buffalo to the Buffalo Board of Education; and that should the Buffalo Board of Education contract for the performance of any work on the premises, it shall be required that the City of Buffalo be named as an additional insured on any insurance policies issued as consideration for said contracts. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT FROM THE COMPTROLLER NO 12 INTERFUND CASH LOAN ($176,000) Certain Federal and State aided programs require a cash advance until the program is operating and reimbursement is received. I have reviewed the program listed below and determined the cash needs to be warranted. I have approved an interfund cash loan to be made in the maximum amount of $175,000 as needed subject to your approval. Loan is payable at date of reimbursement. FROM: 1000 - General Fund TO: 3183 - Stimulus - Curbs & Sidewalks GRANT TITLE: Buffalo Curb & Sidewalk Ramp Replacement Project -Eight (8) Streets GRANT AGENCY: New York State Department of Transportation GRANT AMOUNT: $500,000.00 LOAN AMOUNT: Maximum of $175,000.00 Estimated: November Date of Repayment 30, 2010 Mr. Fontana moved: That the above communication from the Comptroller dated January 7, 2010, be received and filed; and That the Comptroller be, and he hereby is authorized to make an interfund cash loan from the General Fund to 3183 - Stimulus - Curbs & Sidewalks in the amount of $175,000.00. The loan is payable at date of reimbursement. PASSED AYES -9 NOES -0 NO 13 INTERFUND CASH LOAN ($400,000) Certain Federal and State aided programs require a cash advance until the program is operating and reimbursement is received. I have reviewed the program listed below and determined the cash needs to be warranted. I have approved an interfund cash loan to be made in the maximum amount of $400,000 as needed subject to your approval. Loan is payable at date of reimbursement. FROM: 1000 - General Fund TO: 3182 - Stimulus - Mill & Overlay GRANT TITLE: Buffalo Pavement Resurfacing Project -Nine (9) Streets GRANT AGENCY: New York State Department of Transportation GRANT AMOUNT: $800,000.00 LOAN AMOUNT: Maximum of $400,000.00 Estimated Date of Repayment: November 30, 2010 Mr. Fontana moved: That the above communication from the Comptroller dated January 7, 2010, be received and filed, and That the Comptroller be, and he hereby is authorized to make an interfund cash loan from the General Fund to 3182 - Stimulus - Mill & Overlay in the amount of $400,000.00. The loan is payable at date of reimbursement. PASSED AYES -9 NOES -0 NO 14 COMPREHENSIVE ANNUAL FINANCIAL REPORT FY ENDED 6/30/06 Comprehensive Annual Financial Report For the Fiscal Year Ended June 30, 2009 This is to advise that copies of the Comprehensive Annual Financial Report of the Comptroller of the City of Buffalo for the fiscal year ending June 30, 2009 have been delivered to each Councilmember, the Common Council Chief of Staff, the City Clerk, the Mayor and the Budget Office. Included therein is the Audit Report of Drescher & Malecki LLP. This report is available as a public record for inspection by all interested parties. Pursuant to Section 35 of the General Municipal Law, the Common Council of the City of Buffalo may, at its discretion, prepare a written response to the report of external audit and file such response with the City Clerk as a public record for inspection by all interested parties not later than April 15, 2010. Copy available for review in the City Clerk's Office REFERRED TO THE COMMITTEE ON FINANCE FROM THE COMMISSIONER OF ASSESSMENT AND TAXATION NO 16 RESPONSE - REQUEST ASSMT HRGS TO BE HELD IN COUNCIL DISTRICTS Request of Change in Venue, Assessment Hearings City of Buffalo Board of Assessment Review Dear Councilmember Kearns: Thank you for your letter of January 24, 2010 hand delivered to my office on January 27, 2010. You requested that the Board of Assessment Review (B.A.R.) commence assessment review hearings in individual Council Districts, and not in one central location (City Hall.) You further indicate that every effort should be made to ensure that each citizen wishing to be heard is granted that opportunity in the most convenient manner possible. A copy of your letter is attached for references purposes. In regard to the change in venue for the assessment hearings, as you correctly point out in your correspondence, Real Property Tax Law (RPTL) 525 (1) clearly states: RPTL 525. 1. "The board of assessment review shall fix the place or places for the hearing of complaints in relation to assessments and fix the hours of such hearing, ..." The RPTL makes moving assessment hearings to a different venue clearly the responsibility of the B.A.R. and their responsibility alone. This department, by effect of RPTL 525, does not have the right or authorization to effectuate such a change. The decision to name the place to conduct assessment hearings is clearly the distinct right and responsibility of the members of the Board of Assessment Review. By copy of this reply, we will notify the B.A.R. of your request. Further, I want to assure you that I personally, and every staff member in this department, make every possible effort to schedule hearings at the convenience of the property owner. Every property owner filing a complaint, both homestead and non - homestead, is advised to indicate to us any particular dates that would be inconvenient or impossible for them to attend a hearing. This request is taken into account and hearings are scheduled accordingly. If an owner asks for a specific date, this too is taken into consideration when hearings are scheduled. In regard to the assertion that property owners are not given sufficient notification of a hearing date, with all due respect, I disagree. Every complaint filed must be reviewed on a one on one basis for correctness of data, i.e., the address, assessed value, name of owner or representative mailing address, request for any special considerations, required legal signatures and then audited and recorded in our city database. It is at this time that the notifications are mailed. With the approval of the Buffalo Common Council, the final filing date this year was extended from December 321, 2009 to Friday, January 15,2010. We now have a final count of approximately 2,150 challenge forms filed for this year. Of this, almost 1,000 were filed on two days, January 14 and January 15. The same work cited above had to be accomplished for each and every one of these challenge forms as well, hearing dates set and every property owner notified by mail. I firmly believe that if an extension was not granted the overall vast majority of challenge forms filed in January would have been submitted by December 31 or any other filing date declared final. Although the extension put a burden on the department to accomplish our mandated task, it was a fir request to accommodate our homeowners, I said at the time that the work involved could and would be done. I am very proud of our staff and happy to report that through the awesome work ethic of the staff members here, every challenge form has been reviewed, input, scheduled for a hearing and every owner is, or soon will be, notified in writing. Finally, while the idea of holding assessment review hearings within each and every council district sounds like a nice idea, the negative arguments against such a move and the logistics involved are not very favorable. For Example: The B.A.R. will generally ask the property owner if they have taken advantage of filing for any exemptions they may be entitled to. These citizens can go directly to our exemption office and file an application or at the very least obtain accurate information as to their personal qualifications. This has been an enormous assistance to many people and an outside venue would eliminate this convenience. Some property owners take advantage of the fact that they are in City Hall to pay their taxes and user fee and address other business they may have. Although moving equipment such as laptops, recorders and projectors may not sound like a major project, the B.A.R. does not have a staff to accomplish task. Currently, I have our own department staff members assist to ensure equipment is set up and operating properly, retrieve records for members of the B.A.R. when required and greeting citizens as they arrive. These staff members would not be available in an outside venue. Off site venues increase the possibility of misplacing challenge forms and records of individual property owners that very well may contain personal and confidential information. If there are any computer operations problems or information problems at City Hall, MIS is on had to address any issues that may develop, and they do develop from time to time. They would no be available off site. APS feeds are an absolute necessity for information the B.A.R. reviews for each parcel. This data is accessible in our board room via Wi -Fi capabilities. Once again, pursuant to RPL 525, the authority to establish the location for assessment review hearings rests with the Board of Assessment Review members. Thank you once again for your letter. Sincerely, Martin F. Kennedy Commissioner REFERRED TO THE COMMITTEE ON FINANCE FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO. 16 NOTIFICATION SERIAL # 10537 NO STANDING SCHOOL DAYS - INSTALL ON CLINTON STREET, NORTH SIDE BETWEEN HICKORY STREET AND CEDAR STREET. (ELLICOTT DISTRICT) NO STANDING - 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 22 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: NO STANDING PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD Clinton Street, north side between Hickory 8:00 AM — 4:00 PM Street and Cedar Street. School Days This action is being taken in order to mitigate a hazardous driving condition during the loading and unloading of school buses in front of Bennett Park Montessuri School #32. NOTIFICATION SERIAL # 10538 REPEAL ALTERNATE PARKING - TYPE II PINE STREET BETWEEN WILLIAM STREET AND EAST EAGLE STREET (ELLICOTT DISTRICT) (NO PARKING (ALTERNATE - TYPE II) - 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 PORTION OF HIGHWAY PROHIBITED PERIOD Pine Street, west side between William Street 9:00 AM - 4:00 PM and East Eagle Street Thursday, Friday Pine Street, east side between William Street 9:00 am — 4:00 pm and East Eagle Street Monday, Tuesday, Wednesday This action is being taken in order to provide additional on street parking on Pine Street daring school hours as part of a revised parking plan in the vicinity of Bennett Park Montessori School #32. NOTIFICATION SERIAL # 10539 INSTALL NO PARKING ON PINE STREET BETWEEN WILLIAM STREET AND EAST EAGLE STREET (ELLICOTT DISTRICT) NO PARKING - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days 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 Pine Street, east side between William Street 1:00 AM — 7:00 AM and East Eagle Street Monday, Tuesday, Wednesday Pine Street, west side between William Street 1:00 AM — 7:00 AM and East Eagle Street Thursday, Friday This action is being taken in order to provide additional on street parking on Pine Street during school hours as part of a revised parking plan in the vicinity of Bennett Park Montessori School #32. RECEIVED AND FILED NO. 17 ALBRIGHT KNOX ART GALLERY (THE BUFFALO FINE ARTS ACADEMY DOING BUSINESS AS THE ALBRIGHT -KNOX ART GALLERY) (THE "ART GALLERY ") SEEKS CITY OF BUFFALO'S EXECUTION OF CERTAIN AGREEMENTS AND RELATED DOCUMENTATION WITH REGARD TO A $450,000 GRANT TO THE ART GALLERY FROM THE NEW YORK STATE OFFICE OF PARKS, RECREATION AND HISTORIC PRESERVATION FOR RESTORATION OF THE EXTERIOR GRAND STAIRCASE ENTRANCE TO THE ART GALLERY The Art Gallery is planning to stabilize, repair and restore the exterior grand staircase of the Albright Knox Art Gallery. The New York State Office of Parks, Recreation and Historic Preservation ( "OPRHP ") has approved $450,000 in grant funding to be utilized for the repairs /restoration. The restoration project is expected to cost just under $1,000,000. The OPRHP grant requires the Art Gallery to raise "matching" funds in the amount of at least $450,000. Because the Art Gallery is located on City -owned property, the City of Buffalo's agreement to certain preservation covenants /agreements and other conditions related m the grant funding are required by OPRHP. These covenants essentially require agreement by the City and the Art Gallery to the effect that the property improved with the grant funding will not, without prior consent of OPRHP, be sold, leased or otherwise conveyed for use for other than Art Gallery staircase purposes. Further covenants /agreements involve an obligation on behalf of the City or the Art Gallery to repay up to "one and one half times" the $450,000 OPRHP grant funding in the event of certain violations of the agreements or in the event of deliberate acts or gross negligence of the City or the Art Gallery leading to destruction of the improved property. Otherwise, the City is not required to provide any funding in connection with this grant. Further, the Art Gallery has agreed to obligate itself to cover the grant repayment obligation in the event that the grant proceeds must be repaid. For your reference and further information about the documentation and related agreements which the City is being requested to execute (along with the Art Gallery) as a condition Ofthe $450,000 OPRHP grant funding, I have attached a copy of the State of New York Agreement ( "Grant Agreement "), the Preservation Covenant to run with the land for a period of 20 years after the final disbursement of the grant and also enclosed is a copy of the proposed routine Affidavit of Title. I am requesting that your Honorable Body authorize the Mayor to execute the attached Grant Agreement and Preservation Covenant and further that your Honorable Body authorize the Mayor and /or other City personnel to enter into such agreements and other appropriate arrangements and to take all such steps and actions as shall be necessary to facilitate the $450,000 OPRHP grant funding for the exterior staircase stabilization, repair and restoration project. Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated January 25, 2010 be received and filed; and That the Mayor be, and he hereby is authorized to execute the attached Grant Agreement and Preservation Covenant and that the Mayor and /or other City personnel be authorized to enter into such agreements and other appropriate arrangements and to take all such steps and actions as shall be necessary to facilitate the $450,000 OPRHP grant funding for the exterior staircase stabilization, repair and restoration project at the Albright Knox Art Gallery. PASSED AYES -9 NOES -0 NO. 18 CHANGE IN CONTRACT #93000193 BICYCLE RACK INSTALLATION PROJECT - PHASE I MILLER ENTERPRISES, INC ITEM #23 OF JULY 22, 2008 1 hereby submit to Your Honorable Body the following unit price additions to the contract for the above named Project. This change order is to install additional bicycle racks as approved by BURA for Street Synergy- Better on Bailey Bicycle Racks Installation Project. BURA has identified and authorized funding in Program Year account 35 -50203 and will reimburse 100% of the cost of work completed as a result of this item. Contract Estimated Unit Bid Estimated Item Description Unit Quantity Price Cost B615.8120 Bicycle Rack EA 13 $540.00 $7,020.00 1 respectfully certify that this change order is fair and equitable for the work involved, and respectfully request that Your Honorable Body approve the subject change order and authorize the Commissioner of Public Works, Parks & Streets to issue said change order to Miller Enterprises, Inc. from Capital Account #31306706 - 445100 & #30032106 - 445100. Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated January 27, 2010, be received and filed; and Mr. Fontana moved That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue change order No. 2, to Miller Enterprises, Inc., an increase in the amount of $7,020.00, as more fully described in the above communication, for work relating to Bicycle Rack Installation Project, Phase 1, C #93000193. Funds for this project are available in Capital Account #31306706 - 445100 and #30032106 - 445100. PASSED AYES -9 NOES -0 NO. 19 CHANGE IN CONTRACT FRANCZYK PARK ENVIRONMENTAL REMEDIATION FILLMORE DISTRICT ITEM NO. 29, CCP 05/26/09 I hereby submit to Your Honorable Body the following changes for Franczyk Park, Environmental Remediation, TVGA Consultants, C #92010761. The City of Buffalo has been awarded a State Assistance Contract (SAC) to undertake the investigation /remediation of Franczyk Park. The SAC permits municipalities to be reimbursed for 90% of the allowable costs of the project. The City is the current owner of the property. The New York State DEC has approved a revised work scope and budget for the City's consultant, TVGA Consultants, Inc., on the Franczyk Park project site. The change includes additional oversight activities dating to October 2008, TVGA attendance at additional on -site meetings to address project finalization punch list items and to undertake additional site visits to review work completed in response to those meetings. Change Order #10 will increase the project budget by $1,507.52 to $557,082.12. The Department of Public Works intends to access the additional funds for the project from account 36030306 445100- Buildings. I respectfully request that Your Honorable Body authorize an additional $1,507.52 for the Franczyk Park project as set forth. Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated December 30, 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. 10, to TVGA Consultants, an increase in the amount of $1,507.52, as more fully described in the above communication, for work relating to Franczyk Park, Environmental Remediation, C #92010761. Funds for this project are available in account 36030306 445100 - Buildings. PASSED AYES -9 NOES -0 NO. 20 EMERGENCY REPAIRS TO THE WEST FERRY STREET LIFT BRIDGE This is to advise Your Honorable Body that the New York State Department of Transportation has issued three red structural flags to the West Ferry Street Lift Bridge. This bridge is currently in the design stage now for a complete rehabilitation, however, due to the critical nature of the flagged conditions the necessary repairs must be made at this time. As PB Americas, Inc. is our consultant for the rehabilitation project I have asked their office to review the flagged conditions and develop a repair detail. I am hereby requesting Your Honorable Body's permission to engage the services of PB Americas, Inc. to develop the necessary plans and specifications and assist the City of Buffalo with construction management while the repairs are being made to the bridge at a cost not to exceed $85,000.00. 1 am also requesting your permission to seek emergency informal bids for this work, which will be reported to Your Honorable Body. Funds for this work are available in Engineering Bond funds 31310606 - 445100, 32310106 - 445100 and 30032106 - 445100. Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated January 19, 2010, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to engage the services of PB Americas, Inc., for Emergency Repairs to the West Ferry Street Lift Bridge, in an amount not to exceed $85,000.00. Funds for the project are available in Engineering Bond funds 31310606 - 445100, 32310106- 445100 and 30032106 - 445100. PASSED AYES -9 NOES -0 NO. 21 ENDORSEMENT OF APPLICATION FOR U.S. DEPARTMENT OF ENERGY AMERICAN RECOVERY & REINVESTMENT ACT FUNDING FOR ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANTS) The American Recovery and Reinvestment Act (ARRA) provides an unprecedented opportunity for funding to the City of Buffalo through several agencies of the federal government. ARRA funding is designed to preserve and create jobs and promote economic recovery, to assist those most impacted by the recession, to provide investments needed to increase economic efficiency by spurring technological advances in science and health, to invest in transportation, environmental protection, and other infrastructure that will provide long term economic benefits and to stabilize State and local government budgets in order to minimize and avoid reductions in essential services and counterproductive State and local tax increases. The Department of Energy (DOE) will provide direct "stimulus" funding to the City of Buffalo through the Energy Efficiency and Conservation Block Grant (EECBG) program for projects that reduce energy use and fossil fuel emissions, and improve energy efficiency. Through this formula grant program, the federal government predetermines the allocation to large municipalities, and DOE has allocated $2,616,421 to the City of Buffalo through the EECBG. In order to receive this funding, the City must submit a comprehensive energy plan and an application dealing the plan of work to spend the allocation. The Department of Public Works, Parks & Streets, in conjunction with the Office of Strategic Planning have identified energy efficiency opportunities across City -owned buildings including City -Wide Lighting Retrofit, City -Wide Lighting Controls, Installation of City -Wide Building Management System, Window Replacements, City -Wide Weatherization, Low Emissivity Ceiling and Insulation Boiler Replacements, Chiller Replacement, Air - Handler Repair or Replacement, Control Vending Machines, Variable Frequency Drive, and High Efficiency Motors. I am recommending that Your Honorable Body authorize the Mayor on behalf of the City of Buffalo to submit the City of Buffalo application for EECBG funding and that Your Honorable Body further authorize the Mayor and appropriate staff to execute and process such additional documentation and all contracts 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. Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated January 22, 2010, be received and filed; and That the Mayor be, and he hereby is authorized on behalf of the City to submit the City of Buffalo's application for Energy Efficiency and Conservation Block Grant funding. That the Mayor be, and he hereby is authorized to execute and process such additional documentation and all contracts as shall be necessary to facilitate the grant funding. That the Corporation Counsel be, and he hereby is authorized to finalize said contracts and other necessary documentation in a manner which is satisfactory. PASSED AYES -9 NOES -0 NO. 22 PIN 6ER0.63 FEDERAL HIGHWAY REIMBURSEMENT FROM OCTOBER 12, 2006 STORM The Department of Public Works, Parks & Streets would like to request from Your Honorable Body that the City of Buffalo enter into an agreement with the State of New York to accept 100% reimbursement of $493,929.00 from the Federal Highway Administration for the October 12, 2006 storm. Before this can occur, the City of Buffalo needs to have a signed agreement in place with the State of New York. A copy of this agreement is attached for your information. Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated January 15, 2010 be received and filed; and That the Mayor be, and he hereby is authorized to enter into an agreement with the State of New York to accept 100% reimbursement of $493,929.00 from the Federal Highway Administration for the October 12, 2006 Storm, PIN 5ER0.63. PASSED AYES -9 NOES -0 NO. 23 CERTIFICATE OF APPOINTMENT Appointment Effective: 1/25/2010 in the Department of Public Works, Division of Streets to the position of Laborer II, Permanent Appointment at the Second Step of $29,977 Phillip A. Gaines, 188 Chester St, Buffalo, NY 14208 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF POLICE NO. 24 APPROVAL FOR PURCHASING BEAR CAT WITH UASI 2008 FUNDS ITEM #27, 12/23/2008 On December 23, 2008, your Honorable Body approved the City's Acceptance of UASI 2008 (Year 6) funds, totaling $1,854,090. Included in this proceeding was a description of items that would be funded, including the Bear Cat" for Police's CBRNE ( Chemical - Biological - Radiological- Nuclear- Explosive SWAT Rescue Team. We have been advised that because this is a type of vehicle, we must go back before your Honorable Body for permission to purchase this vehicle. As such, we are respectfully requesting that you approve this purchase. Funds totaling $250,000 have been set aside. Buffalo Police will utilize this vehicle for the transporting of equipment and personnel to an incident site, such as barricaded persons, active shooters, high risk drug houses, etc. This vehicle will provide tactical security for armored response and rescue operations and will keep first responders safe and secure in this highly mobile specialized vehicle- This tactical armored personnel carrier will protect officers during assault fire, can serve to encourage a suspect into surrendering without a fight, will be able to get into structures under the most severe circumstance, and also has the capability for bullets to bounce off, thus protecting the well -being of police officers. In situations where residents and /or officers are down," this vehicle will provide absolute protection not only to this all hazards response team, but to those being rescued. Some of the features include: ports" with removable covers through the hatch, the driver's and passenger's doors, and along the sides of the vehicle's rear compartment, to allow those inside to have access to the outside for either talking or shooting. There will be an external bullhorn /microphone that will permit communication with the outside, and the driver and passenger have headphones hooked up to radios that communicate with our police dispatcher and also, executive commanders. Because of grant time constraints and the fact that it will take quite a while to manufacture this vehicle to Buffalo's specifications due to the tactical uniqueness of this vehicle, we are respectfully asking for your Honorable Body to approve our request at this meeting. If you have any questions, feel free to contact Captain Mark Makowski of the Grants Section at 923 -5916 or Lt. Thomas Leatherbarrow of the CBRNE /SWAT Team at 574 -7250. Mr. Fontana moved: That the above communication from the Commissioner of Police dated January 7, 2010, be received and filed; and That the Interim Commissioner of Police, be, and he hereby is authorized to use UASI 2008 Funds for the purchase of a "Bear Cat" vehicle for Police's Chemical - Biological - Radiological - Nuclear- Explosive SWAT Rescue Team. PASSED AYES -9 NOES -0 NO. 25 SEIZED VEHICLE The Buffalo Police Department hereby requests permission from your honorable body to utilize current drug asset forfeiture funds to cover administrative /seizure fees to the U.S .Marshalls Office for one vehicle seized by the Buffalo Police Department. The vehicle is a 1999 Chevy must be assigned to the Narcotics Squad as mandated through the Drug Asset Forfeiture guide book, will be utilized in future undercover operations, and will not be used as a take home vehicle. The total funds to be spent to cover the fees will be $776.87. If you have any questions, please contact me at 851 -4571. Mr. Fontana moved: That the above communication from the Commissioner of Police dated January 20, 2010, be received and filed; and That the Interim Commissioner of Police be, and he hereby is authorized to use drug asset forfeiture funds in the amount of $776.87 to cover administrative /seizure fees to the U.S. Marshal's Office for a 1999 Chevy and that the donation of this vehicle is approved contingent on, that concurrent with its use, there be no increase in the number designated as authorized for take -home use. PASSED AYES -9 NOES -0 NO. 26 SEIZED VEHICLE The Buffalo Police Department hereby requests permission from your honorable body to utilize current drug asset forfeiture funds to cover administrative /seizure fees to the U.S. Marshalls Office for one vehicle seized by the Buffalo Police Department. The vehicle is a 2002 Honda, it must be assigned to the Narcotics .Squad as mandated through the Drug Asset Forfeiture guide book, will be utilized in future undercover operations, and will not be used as a take home vehicle. The total funds to be spent to cover the fees will be $991.87. If you have any questions, please contact me at 851 -4571. Mr. Fontana moved: That the above communication from the Commissioner of Police dated January 20, 2010, be received and filed; and That the Interim Commissioner of Police be, and he hereby is authorized to use drug asset forfeiture funds in the amount of $991.87 to cover administrative /seizure fees to the U.S. Marshal's Office for a 2002 Honda and that the donation of this vehicle is approved contingent on, that concurrent with its use, there be no increase in the number designated as authorized for take -home use. PASSED AYES -9 NOES -0 FROM THE COMMISSIONER OF FIRE NO. 27 EMERGENCY PURCHASE OF APPARATUS We are requesting Council approval to purchase on an emergency basis, one (1) 100' Crimson ladder truck from the lowest responsible bidder, Fire Equipment Sales and Service, Inc.. As Commissioner of Firs, I am deeming this a major emergency as we currently are without a spare ladder truck. This seriously compromises our ability to provide coverage for the residents of the City of Buffalo. The potential for mechanical failure and accidents is great due to the age of our apparatus and Buffalo's inclement weather. We have previously received approval and were in the process of purchasing apparatus from American Lafrance, but they are currently in default and will not be able fullfill their contract. This contract will be rebid. In order to address our imminent needs we have contacted area vendors to secure pricing and availability on an in stock ladder truck that will meet the needs of the Buffalo Fire Department. We have secured bids from Chumhville, Emergency One, Inc, Gorman Emergency Vehicles, as well as Fire Equipment Sales and Service Inc. and have deemed Fire Equipment Sales and Service, Inc., the lowest responsible bidder. In addition, we have recently awarded this vendor the contract for (2) two pumpers and one (1) mid -mount truck and would like to purchase this additional apparatus from them. Bond funds that were encumbered on the original contract with American Lafrance will be disencumbered (acct # 30210106 - 445100) and used to purchase the Crimson ladder truck from Fire Equipment Sales and Service, Inc... We are requesting permission from Your Honorable Body to allow for the waiving of any formal bidding procedures along with the performance and bid bond in order to obtain the ladder truck from the lowest responsible bidder as soon as possible, as these vehicles are sold on an first come, first served basis. We have been in contact with the law department and are taking legal direction from them in this matter. Mr. Fontana moved: That the above communication from the Commissioner of Fire dated January 27, 2010, be received and filed; and That the Common Council waives any formal bidding procedures along with the performance and bid bond in order to obtain a Crimson ladder truck fi'om Fire Equipment Sales and Service, Inc., the lowest responsible bidder. Bond funds that were encumbered on the original contract with American Lafrance will be disencumbered at Account #30210106 - 445100 and applied to the new purchase. PASSED AYES -9 NOES -0 FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT & INSPECTION SERVICES NO. 28 FOOD STORE (NEW) 380 CONNECTICUT (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 380 Connecticut (The Corner Store /Rumila Patel) 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 January 28, 2010, be received and filed; and That pursuant to Chapter 194 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services be, and he hereby is authorized to grant a Food Store License to Rumila Patel, located at 380 Connecticut dib /a The Comer Store. PASSED AYES -9 NOES -0 NO 29 FOOD STORE (NEW) 472 MAIN (ELLICOTT) 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 472 Main (Downtown Food Mart) and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collection Office I find it complies with all regulations and other applicable laws. This request' is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION NO 30 FOOD STORE LICENSE (NEW) 325 NIAGARA (ELL) 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 325 Niagara ( Garang International Market /Ali Almadhrahi) 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 January 28, 2010, be received and filed, and That pursuant to Chapter 194 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services be, and he hereby is authorized to grant a Food Store License to Ali Almadhrahi, located at 325 Niagara d /b /a Garang International Market. PASSED AYES -9 NOES -0 NO 31 SECOND HAND DEALER -1277 HERTEL (DEL) Pursuant to Chapter 254 of the City of Buffalo Ordinances please be advised that I have examined the attached application for a Second Hand Dealer License located at 1277 Hertel and find that as to form is correct. I have caused an investigation into the premises for which said application for a second hand dealer license is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspections. I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of James Anastasi. The attached thereto for James Anastasi d /b /a /Gold & Jewelry Buyers. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION FROM THE CITY CLERK NO 32 LIQUOR LICENSE APPLICATIONS Attached hereto are communications from persons applying for liquor licenses from the Erie County Alcohol Beverage Control Board. Address Business Name Owner's Name 307 Louisiana The Buffalo Bar and Grille John W Hofmann Jr 1435 Main St Coco's on Main St, Inc Kelly Forness RECEIVED AND FILED NO 33 NOTICES OF APPOINTMENTS - SEASONAL /FIAT I transmit herewith certificates received by me, reporting seasonal and fiat salary appointments made in various departments. RECEIVED AND FILED. Certificate of Appointment Appointment effective 12/31/2009 in the Department of Public Works, Parks & Streets Division of Parks to the Position of Laborer II Seasonal Non - Competitive flat Starting Salary of $11.57 per hour. Roberto Padilla Colon, P.O. Box 1322, Buffalo 14213 Certificate of Appointment Appointment effective 12/31/2009 in the Department of Public Works, Parks & Streets Division of Parks to the Position of Supervising Lifeguard Seasonal Non - Competitive flat Starting Salary of $12.00 per hour Daniel Carver, 88 Blaine Avenue, Buffalo 14208 Certificate of Appointment Appointment effective 12/31/2009 in the Department of Public Works, Parks & Streets Division of Parks to the Position of Lifeguard Seasonal Non - Competitive flat Starting Salary of $11.57 per hour Susan M. Krieger, 666 West Ferry Street, Apt 36, Buffalo 14222 Katherine Ryan, 182 McKinley Parkway, Buffalo 14220 Certificate of Appointment Appointment effective 1/06/2010 in the Department of Public Works, Parks & Streets Division of Parks to the Position of Lifeguard Seasonal Appointment flat Starting Salary of $11.57 per hour Jared Courier, 330 Woodside Avenue, Buffalo 14220 Davis Hough, 31 Ashland Avenue, Buffalo 14222 Taylor Hough, 31 Ashland Avenue, Buffalo 14222 Certificate of Appointment Appointment effective 1/25/2010 in the Department of Public Works, Parks & Streets Division of Parks to the Position of Lifeguard Seasonal Non - Competitive flat Starting Salary of $11.57 per hour Connor Brogan, 91 Knowleton Street, Buffalo 14217 Certificate of Appointment Appointment effective 1/21/2010 in the Department of Public Works, Parks & Streets Division of Parks to the Position of Supervising Lifeguard Seasonal Non - Competitive flat Starting Salary of $12.00 per hour Gaetano J. Capodicasa, 434 Seneca Street, Buffalo 14204 Certificate of Appointment Appointment effective 1/25/2010 in the Department of Public Works, Parks & Streets Division of Parks to the Position of Laborer II Seasonal Appointment flat Starting Salary of $11.57 per hour. Christopher Beard, 17 Elmer Avenue, Buffalo 14215 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 1/26/2010 in the Department of Public Works, Parks & Streets Division of Streets to the Position of Truck Driver Permanent Appointment Minimum Starting Salary of $21,573 Tom Toporczyk, 851 Eagle Street, Buffalo 14210 NON - OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON - OFFICIAL COMMUNICATIONS NO 35 C. BOHAN -DEPT OF ENERGY -FINAL ENVIR IMP STMNT- DECOMMISSIONING WEST VALLEY DEMONSTRATION PROJECT & WNY NUCLEAR SERV CTR DEPARTMENT OF ENERGY West Valley Demonstration Project 10282 Rock Springs Road West Valley, NY 14171 -979 January20, 2010 Dear Interested Party: Enclosed for your review is a full copy and /or a Summary and CD of the U.S. Department of Energy's (DOE) Final Environmental Impact Statement for Decommissioning and /or Long -Term Stewardship at the West Valley Demonstration Project and Western New York Nuclear Service Center (EIS) (DOE /EIS - 0226). DOE and the New York State Energy Research and Development Authority (NYSERDA) are joint lead agencies in the development of this EIS. The U.S. Nuclear Regulatory Commission, U.S. Environmental Protection Agency (EPA), and the New York State Department of Environmental Conservation ( NYSDEC) are cooperating agencies under the National Environmental Policy Act (NEPA). NYSDEC and the New York State Department of Health are involved agencies under the State Environmental Quality Review Act. DOE is responsible for completion of the West Valley Demonstration Project (WVDP) and NYSERDA owns and is responsible for the closure or long -term management of the Western New York Nuclear Service Center (WNYNSC), located approximately 48 kilometers (30 miles) south of Buffalo, NY. Therefore, the proposed action in the Final EIS is the completion of the West Valley Demonstration Project and the decommissioning and /or long -term management or stewardship of WNYNSC. The Final EIS evaluates the potential environmental impacts associated with a No Action Alternative and three action alternatives: Sitewide Removal, Sitewide Close -In- Place, and Phased Decisionmaking (the DOE and NYSERDA preferred alternative). Under the Sitewide Removal Alternative, all site facilities and contaminated soil, sediment and groundwater would be removed to meet criteria that allow unrestricted release of WNYNSC. Under the Sitewide Close -In -Place Alternative, most major facilities and sources of contamination would be managed in their current locations and isolated by specially designed closure structures and engineered barriers, allowing for partial site release for unrestricted use, while the remaining portions would be released under restricted conditions or converted to a long -term license. Under the Phased Decision making Alternative, decommissioning would proceed in two phases. In Phase 1, the Main Plant Process Building, Remote Handled Waste Facility, Verifications Facility, lagoons and various other small facilities would be removed and the source area of the North Plateau Groundwater Plume excavated. Further, while these activities are conducted (estimated to take 8 to 10 years), the agencies would also conduct a number of activities to help determine the best technical approach to complete decommissioning of the remaining facilities and facilitate decision - making in that regard. Phase 2 decisions would be made within 10 years of the DOE Record of Decision and NYSERDA Findings Statement. if the Phased Decision - making Alternative is selected. Under the No Action Alternative, no actions toward decommissioning would be taken. DOE and NYSERDA issued the Revised Draft EIS for public comment on December 5, 2008. The public comment period, originally scheduled to end June 8, 2009, was extended through September 8, 2009 in response to requests from the public. Four public hearings on the Revised Draft EIS were held at locations in New York State and on the Seneca Nation of Indians Reservation during this time. DOE and NYSERDA have considered all comments received and incorporated both the comments and the agencies' responses in this EIS. Key changes between the Revised Draft and Final EIS include: incorporation of updated environmental and site - specific information, changes made in response to the NYSERDA View on the Revised Draft EIS, and revision of the description of alternatives, particularly that of the Phased Decision - making Alternative to specify that a Phase 2 decision (completing the decommissioning or long -term decision - making process) would be made no later than 10 years after issuance of the initial DOE Record of Decision and NYSERDA Findings Statement, if the Phased Decision - making Alternative is selected. DOE will issue a Record of Decision no sooner than 30 days after the EPA publishes its Notice of Availability of this Final EIS in the Federal Register NYSERDA will publish its decisions regarding actions at the WNYNSC in a Findings Statement in the New York State Environmental Notice Bulletin no sooner than 10 days after issuance of the Final EIS. The Final EIS will be available on the DOE NEPA web site at www.gc.energy.gov /NEPA and the West Valley EIS web site at www.westvalleyeis.com. For information regarding WVDP or the Final EIS, please feel free to contact me at (716) 942 -4159. Thank you for your continued interest in DOE's NEPA compliance program. Copy available for review in the City Clerk's Office RECEIVED AND FILED NO 36 S. DOLESKI -- NYSDEC -REQ FOR TIME EXTENSION SEQR REVIEW BATTAGLIA DEMO FACILITY 1037 -1055 SENECA ST (FILL) Dear Mr. Gardella: The New York State Department of Environmental Conservation (the Department) received your request to extend the deadline for your reply to our State Environmental Quality Review Act (SEAR) coordination letter on the proposed modification of the Battaglia Facility at 1037 - 1055 Seneca Street. Your request for a thirty -day extension of time is granted. Please reply by February 17. 2010. In particular, please help clarify the Buffalo Environmental Management Commission's position on SEQR lead agency for this action and the previous municipal solid waste transfer station proposal by Battaglia Demolition. This Department has no objection to the City continuing as SEQR Lead Agency for the review of this action. Thank you for your interest in this proposal. We look forward to your comments, if you have any questions, please contact me at (716) 851 -7165. Sincerely, Steven J. Doleski Regional Permit Administrator REFERRED TO THE COMMITTEE ON LEGISLATION NO 37 S. KALOGRIDIS- AGAINST SALE OF WINE IN THE GROCERY STORE To Whom it May Concern: On behalf of the members of the NYS Liquor Store Association, we respectfully request that the Buffalo Common Council adopt a resolution in opposition to Governor Paterson's Executive Budget Proposal that would allow for the sale of wine in grocery, convenience and drug stores. This proposal would devastate the small business liquor stores across the State. Studies have shown that more than 1,000 stores would go out of business and more than 4,700 people would lose their jobs. The loss of jobs in the liquor stores would not be balanced out by grocery stores hiring additional workers. The grocery stores would make room for wine on existing shelf space, managed by the same employees, with no need for additional hires. In addition, by allowing an additional 19,000 stores to sell wine, underage kids would have much more access to alcohol, there would be an increase in DWI incidents, and higher costs associated with policing and healthcare. Last year Governor Paterson introduced a similar proposal in his budget that was rejected by the NYS Legislature, Liquor store owners across the State need your support again this year to help us save our stores, A resolution from The Buffalo Common Council will go a long way in helping us in our fight against this misguided proposal. Thank you for considering our request. We greatly appreciate your support. Sincerely, Stefan Kalogridis President NYS Liquor Store Association REFERRED TO THE COMMITTEE ON LEGISLATION NO 38 M. KEARNS- ARTICLE WATER RATES I would like to file the attached information for the next Common Council meeting to be held on February 2, 2010 Thank you Buffalo Fiscal Control Board Market Arcade Building, Suite 400 617 Main Street Buffalo, NY 14203 Re: City of Buffalo Water Board To Whom It May Concern: I request that your office: 1. Audit the water service function of the City of Buffalo including all activities of the City Water Board and American Water, its contractor. 2. Investigate the ability of Byron Brown to appoint a City or Sewer Authority employees under his control and direction to the Water Board, which by its nature was designed to have members independent of the influence of elected officials of the City of Buffalo. 3. Investigate the legality of the City of Buffalo indirectly taxing municipal utility ratepayers by taking $4.6M +/- into the City General Fund from water system revenues annually. It appears illegal for a municipal utility to contribute its revenue to the General Fund of the City. Irregardless of legality, insofar as the City General Fund is presently generating a surplus and has a sufficient reserve, the continued $5M contribution from water ratepayers is not in the best interest of the taxpayers of the City. 4. The City Water Board was established to have seven members. Only four members voted on the recent 19.5% rate increase because three seats have remained vacant for over a year. We submit that the vacancies were not filled intentionally so as to allow for a majority of members under the control and influence of Byron Brown to vote in favor of a rate increase. The failure of Byron Brown to appoint three members to the Board to vote on such a significant massive increase in water rates is a breach and abrogation of the responsibilities of his office. 5. Approximately six years ago, the Erie County Water Authority offered and discussions were held concerning the absorption of the City water system into the Erie County water system. A Pittsburgh engineering consultant firm was commissioned and its study disclosed that the City water system had in its employ at the time approximately 170 workers. It was their apparent conclusion that the City water system could function with as few as 70 people. The County Water Authority offered to the City that there would be no layoffs and the workforce would be reduced by attrition. The County Water Authority was prepared to assume responsibility for the present condition, repair and upgrade of the City system and rates were guaranteed not to increase as part of the absorption. We assume that the $5MIL per year grant of water system revenue to the General Fund of the City was a major sticking point in the discussions and that for other political reasons, the administration and the Common Council felt that the City should retain its water system, as inefficient and as corrupt as it was. A new study should be conducted and talks should be resumed to consolidate the City water system with the Erie County Water Authority which would in addition, relieve the City of legacy costs for the inefficient staffing. It would be wise for the City to so consolidate. 6. Apparently, the rate increase passed last week by the Water Board was based on a rate consultant's report from 2008. If that is the case, the Water Board should have disclosed the report in the beginning of 2009 and not on the day after Christmas, 2009. The Water Board's vote was conducted at 8:00 a.m the next morning after a public hearing was held in the Council chambers that ended at approximately 11:00 p.m. at which significant questions were raised about the justification of the rate increase. The hurried race to get the matter passed illustrates the irresponsibility and ignorance of a rubber stamp Water Board appointed to serve the ratepayers and not a greedy, incompetent, political and corrupt administration. All Board members were selected by Byron Brown. One is the Budget Director of the City. The Chairman is an employee of the City Sewer Authority. Byron Brown wants it both ways. He says he is opposed to the increase of water rates. Then why have they increased? Obviously Byron is playing with smoke and mirrors and trying to have it both ways. This sickness in City Hall must be dealt with deliberately. It is a sorry example of power for the sake of power. 7. A number of years ago the City signed a contract with American Water to manage the Water System which contract has failed to provide a cost efficient service to the community. I personally have experienced a debilitating effort of trying to communicate with someone at American Water our complaint for improper billings on four separate properties. Approximately six months ago, I personally sat with Mr. Stepniak, the Public Works Commissioner, who since has been unable to get us a response to our claims. Some of our properties were included in the recent In Rein for failure to pay water bills improperly charged. I am aware of the case of an elderly citizen who suffered the "Buffalo two - step" when her home was sold at the In Rem because of a $600.00 water bill. Did anyone call the poor woman? Of course not. The functions presently performed by American Water could easily be performed by adding some employees to the Erie County Water Authority. American Water's contract comes up in 2010 and it should be terminated. I am sending a copy of this letter to the U.S. Attorney and the Erie County District Attorney to investigate negligent criminality on the part of American Water and the Water Board in conducting the operation of the Water System. The costs suffered by the community because of the administration's arrogance and arbitrary and capricious lack of responsibility is abhorring. Very truly yours, Ellicott Development Company Carl P. Paladino Chief Executive Officer REFERRED TO THE COMMITTEE ON FINANCE NO 39 M. KEARNS -REQ BOARD OF ASSMT REVIEW CONDUCT HEARINGS IN COUNCIL DISTRICT Dear Commissioner Kennedy: I respectfully request that the Board of Assessment Review commence conducting assessment review hearings in individual Council Districts, and not solely in one central location (City Hall). The City Charter does not mandate that assessment review hearings be conducted in City Hall and the New York State Real Property Tax Law (RPTL) permits the Board of Assessment and Review to conduct hearings in more than one location. RPTL § 525 (1) states that "the board of assessment review shall fix the place or places for the hearing of complaints in relation to assessments and fix the hours of such hearing..." While both the City Charter and the RPTL are specific as to the time and manner that the hearings are to be conducted, neither mandates a specific hearing location. Conducting the hearings in each council district will hopefully not cause an undue hardship on the Board as all of the equipment utilized to conduct the hearings appears to be portable. These items include a laptop, projector, tape recorder and files. Most importantly, it will also be of great convenience to the residents and businesses challenging their assessments to have their hearings conducted in their own district. Currently a citizen challenging their assessment is given very little notice of when they are scheduled to appear before the board. Further, to the best of our knowledge, missed hearings are not rescheduled. Given the importance of these hearings, every effort should be made to ensure that each citizen wishing to be heard is granted that opportunity in the most convenient manner possible. Thank you for your attention to this matter. Sincerely, Michael P. Kearns Common Council Member South District REFERRED TO THE COMMITTEE ON FINANCE NO 40 M. LAVIGNE- COMMENTS REQ ELIMINATING THE BERC January 19. 2010 Common Council for the City of Buffalo City Clerk's Office 1308 City Hall Buffalo, New York 14202 Dear Common Council for the City of Buffalo: I was most pleased to see the recent notice regarding the Common Council adopting Resolution #71. CCP on January 5, 2010'Eliminating the Buffalo Economic Renaissance Corporation.' realize that the period for filing public comment closed on January 14. 2010 but I am hopeful that this submission may still be considered. As the Director of Business Development for two New York State programs based at the University at Buffalo (UB), including the UB Center for Advanced Biomedical and Bioengineering Technology and the NYS Center of Excellence in Bioinformatice and Life Sciences (COE), in my day -to -day experience working with high -tech businesses and opportunities. BERC has not been involved or available to assist with tangible support. At the same time, the BERC funding could dovetail with other programs, such as the UB CAT and COE to support the launch and growth of new products. services, companies, and ultimately, jobs. I encourage the City to create an ad hoc committee to determine how to redeploy the BERC funding to optimize its impact in building in our new economy. The committee members should mirror the task force efforts on diversifying the state's economy conducted by New York State this past year, where recommendations were derived from a collaboration of industry, academia. government, and community organizations. I appreciate the opportunity to submit my comments, and I welcome any inquiries regarding this submission or related matters. I can be reached at 881 -8904 or lavigne2 @buffalo.edu. Thank you for your efforts to improve the use of City funds on behalf of growing the region's economy. Sincerely, REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 41 C. MCNIERNEY,EMT- CONCERNS RURAL METRO Dear Common Council: Over the past couple of years, the Emergency Medical Services System in the City of Buffalo has deteriorated at an inexcusable rate. As an Emergency Medical Technician with Rural /Metro Medical Services in Buffalo, I have seen this downturn firsthand. It is with this intimate knowledge of the current state of affairs that I write to you today, in an effort to highlight the seriousness of the situation, to include the specific issues present. The problems faring the EMS System are plentiful and will take a great deal of hard work. Finding solutions will take sincere dedication on the part of each EMT and Paramedic, Rural /Metro Medical Services, and the Common Council. Despite the hard work ahead of us, the ultimate goal of a more effective and efficient system will be the greatest reward. To fix a system as important as EMS, we must begin by addressing the most pressing issues. These issues can be categorized into three different categories. First, Buffalo does not require a Paramedic on every ambulance dedicated to the 9 -1 -1 system. Secondly, Buffalo ambulances are not required to remain in service only for Buffalo 9 -1 -1. Lastly, the ambulances provided to Buffalo citizens in their time of need are mechanically unfit for service. By not requiring a Paramedic on every ambulance, Rural /Metro has been allowed to endanger Buffalo's citizens on a call to call basis, Despite the efforts of the Emergency Medical Dispatchers to determine which call needs one of the few Paramedics available, every call for emergency service remains unpredictable in both the nature of the call and the resources needed for the call. The unparalleled ability of Paramedics to assess patients and perform life- sevin8 interventions provides those in need with the greatest chance for survival. The bottom line is that Paramedics save lives. To allow Rural /Metro to continue to withhold this care from Buffalo is to continue to jeopardize the health and safety of Buffalo's citizens. This problem is magnified by a chronic misuse of available ambulances. By not requiring designated ambulances for Buffalo EMS, Rural /Metro frequently leaves the entire City of Buffalo with only one ambulance available. The other ambulances are assigned to outlaying suburbs, either permanently or temporarily, or assigned to non.emergent patient transfers. I cannot begin to imagine the fear and frustration one must feel when a loved one is in desperate need of emergency care but there is no ambulance available to respond. It is unfair to stack available ambulances in Cheektowaga at the price of denying service to Buffalo, We cannot allow this practice to continue. The last issue to be addressed in this letter is the ignored deterioration of the ambulances used to save lives, it is common practice for Rural /Metro's Buffalo operation to purchase ambulances from other EMS operations. These purchases are made once the selling operation feels that the ambulances are no longer suitable for service in their community. This has created a second class fleet with a majority of ambulances over ten years old and over 350,000 miles. I have responded to emergency situations in the past, where an ambulance was already on scene, but has broken down. This has not happened on one single occasion, but rather several different calls. These practices cannot be allowed to continue. I write this letter to you In hopes that, together, we can work to solve these problems. As I have stated already, this will take a great deal of hard work. With that in mind, please understand that I reach out to you not as a sole Individual, but as a voice for several EMS providers, all willing to do what is necessary to protect the health and safety of those we serve. With your help, we can and we will bring an effective ambulance service to Buffalo. Thank you for your time and continued dedication to this great city. I look forward to hearing from you. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 42 B. GRADY -BANK OF AMERICA BROADWAY BRANCH Dear Ms. Rushton: The executive office of Bank of America has received your inquiry filed with the Office of the Comptroller of the Currency (OCC) dated June 10, 2009. Your inquiry was forwarded to us by the OCC and we received it January 1 I, 2010. As a Customer Advocate in the Office of the CEO and President, I welcome the opportunity to respond to your concerns. As scheduled, Bank of America closed the banking center located at 949 Broadway on August 14, 2009. Our decision to close a banking center is never an easy one. We did an extensive analysis of the overall Buffalo market and determined that our business model did not warrant the number of banking centers in operation. Ultimately, we closed the Broadway location because it was under - performing. In making this difficult decision, I can assure you that the bank was in full conformity of Community Reinvestment Act (CRA) requirements and meticulously followed all bank procedures that have been set in place to make sure we remain in CRA compliance. As you may be aware, the bank is currently in discussions to possibly donate the building to a non - profit organization. We continue to work towards a solution that will allow the community to retain this unique structure. Surveys and renovation estimates continue to be developed in the hope that a preservation group may take control of the building. At this time, Bank of America still has an ATM at this location, allowing our customers to make deposits, withdrawals and conduct other bank business. A determination as to the long -term status of this ATM has not been made, pending the outcome of the above negotiations. I want to assure you that the Troubled Asset Relief Program (TARP) funds received from the government were not a grant to the bank; rather, we considered the funds to be a temporary loan to be paid back with interest. In fact, the $45 billion in TARP funds was repaid in full, plus interest, on December 9, 2009. 1 thank you for taking the time and effort to bring this matter to our attention. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 43 METRO HOUSING AGENCY PROPOSAL PROTECTION Dear Mr. Chwalinski: Please file the attached Metro Housing Protection Agency proposal for the next Common Council agenda. The issue of safety in public housing is critical and I believe a discussion by the Council of this proposal is warranted at this time. Should you have any questions regarding this request, please don't hesitate to contact me through my regional office at 716-854 - REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT PETITIONS NO. 44 P. FAYUSHTEYN, OWNER, USE 1225 HERTEL FOR A LED BILLBOARD SIGN (NO PUB HRG)(DEL) REFERRED TO THE COMMITTEEON LEGISLATION, THE CITYPLANNING BOARD ADND THE ZONING BOARD OFAPPEALS REGULAR COMMITTEES CLAIMS COMMITTEE (DAVID A. RIVERA, CHAIRPERSON) NO. 46 PERSONAL INJURY CLAIMS That upon the recommendation of the Corporation Counsel, the following actions for personal injury arising out of alleged negligence on the part of the City of Buffalo, be compromised and settled: A. A 1. Tara Belin $25,000.00 A. 2. Denise Burner $75,000.00 A. 3. Rachelle Cammillerie $30,000.00 A. 4. Nancy Loffredo $20,000.00 A. 5. Brittney Murphy $15,000.00 A. 6. Angeline McKinney PNG Sydney Holloway $49,500.00 A. 7. Nico Witherspoon $ 2,000.00 A. 8. Craig Witherspoon $ 2,000.00 A. 9. Ciara Witherspoon $ 2,000.00 A. 10. John Stronka $35,000.00 A. 11. Carlos Ramos $15,000.00 That checks be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current Fiscal Year, payable to the respective claimants and their attorneys, if any, herein above named, upon execution and delivery to the Corporation Counsel of proper releases and closing papers. PASSED AYES -9 NOES -0 NO. 46 PROPERTY DAMAGE That upon the recommendation of the Corporation Counsel, the following action for property damage arising out of alleged negligence on the part of the City of Buffalo, be compromised and settled: B. 1. Dino Adams $ 1,075.00 B. 2. Charles Bethea $310.16 B. 3. Josephine Calandra $485.00 B. 4. Robert Crawford $915.58 B. 5. Patricia Leggs & Shawn Long Jr. $ 321.90 B. 6. Catherine McNamara $ 181.75 B. 7. NY Central Mutual Ins. a /s /o Yvorme Antonetti $ 2,163.25 B. 8. NY Central Mutual Ins. a /s /o John & Alyson Wienclawski $ 368.78 B. 9. Cheila Quinonez $ 4,670.68 That, upon the recommendation of the Corporation Counsel and the appropriate City Departments, the following claims be paid: That checks be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current Fiscal Year, payable to the respective claimants herein above named, upon execution and delivery to the Corporation Counsel of proper releases and closing papers. Chem -Aqua $602.33 D. 3. PASSED D. 4. Colgate Heating $ 12,770.67 AYES -9 NOES -0 D. 6. NO. 47 PROPERTY DAMAGE B. 10. Jason Ramos $ 625.00 That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Rivera moved: That a check be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current Fiscal Year, payable to the respective claimant herein above named, upon execution and delivery to the Corporation Counsel of proper release and closing papers. PASSED AYES - FONTANA, FRANCZYK, GOLOMBEK, HAYNES, KEARNS, LOCURTO, RIVERA, RUSSELL - 8 NOES - SMITH - 1 NO. 48 PROBERTY DAMAGE B. 11. Desiree Reid $ 617.48 B. 12. Rose Van Kerkhoven $ 104.70 That upon the recommendation of the Corporation Counsel, the above actions for property damage arising out of alleged negligence on the part of the City of Buffalo, be compromised and settled. That checks be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current Fiscal Year, payable to the respective claimants herein above named, upon execution and delivery to the Corporation Counsel of proper releases and Closing papers. PASSED AYES -9 NOES -0 NO. 49 MISCELLANEOUS REIMBURSEMENT That, upon the recommendation of the Corporation Counsel, the following actions for property damage arising out of alleged negligence on the part of the City of Buffalo, be compromised and settled: C. C 1. Ashlee Amoia $ 250.00 C. 2. Douglas Klotzbach $ .75 C. C 3. Michael Mazgajewski $ 2.00 C. 4. Jeremy Valentine $ 623.00 That checks be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current Fiscal Year, payable to the respective claimants, if any, herein above named, in the amounts set opposite their names and delivered to them upon execution and delivery to the Corporation Counsel of proper releases where such releases are indicated. PASSED AYES -9 NOES -0 NO. 50 MISCELLANEOUS INVOICES That, upon the recommendation of the Corporation Counsel and the appropriate City Departments, the following claims be paid: D. D 1. Buffalo Small Animal Hospital$8,522.00 D. 2. Chem -Aqua $602.33 D. 3. Chudy Paper Company $81.29 D. 4. Colgate Heating $ 12,770.67 D. 5. DCB Elevator $8,541.71 D. 6. Geiter Done of WNY Inc. $1,000.00 D. 7. Geiter Done of WNY Inc. $4,011.00 D. 8. Geiter Done of WNY Inc. $2,000.00 D. 9. Hamburg Overhead Door $ 1,973.00 D. 10. IBM Corporation $ 87,256.87 D. 11. JMD Environmental Inc. $1,255.00 D. 12. McKays Clothing and Embroidery $148.72 D. 13. Paradigm Environmental Inc. $ 16,335.00 D. 14. Upper NYS Environmental $39,289.00 D. 15. Zenger Group $ 1,244.34 D. 16. Zenger Group $ 1,424.50 That checks be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current Fiscal Year, payable to the respective claimants, herein above named, in the amounts set opposite their names and delivered to them upon execution and delivery to the Corporation Counsel of proper releases where such releases are indicated. PASSED AYES -9 NOES -0 NO. 51 MISCELLANEOUS That the above item be, and the same hereby is returned to the Common Council without recommendation. E. 1. Kevin Redanz $ 235,000.00 Mr. Rivera moved: That upon the recommendation of the Corporation Counsel, the above action for personal injury arising out of alleged abuse of discretion on the part of the City of Buffalo, be compromised and settled. That a check be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current Fiscal Year, payable to the respective claimant herein above named, upon execution and delivery to the Corporation Counsel of proper releases and closing papers. PASSED AYES — FONTANA, FRANCZYK, GOLOMBEK, HAYNES, KEARNS, LOCURTO, RIVERA, RUSSELL - 8 NOES — SMITH - 1 NO. 52 MISCELLANEOUS E. 2. Sadeq Ahmed as Executor for Warith Habib Abdal $1,200,000.00 Mr. Rivera moved That upon the recommendation of the Corporation Counsel, the above action for personal injury arising out of alleged deprivation of Constitutional Rights on the part of the City of Buffalo, be compromised and settled. That a check be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current Fiscal Year, payable to the respective claimant and their attorneys, if any, herein above named, upon execution and delivery to the Corporation Counsel of proper release and closing papers. PASSED AYES — FONTANA, GOLOMBEK, HAYNES, KEARNS, LOCURTO, RIVERA, RUSSELL, SMITH - 8 NOES — FRANCZYK - 1 CIVIL SERVICE (BONNIE E. RUSSELL, CHAIRPERSON) NO. 53 NOTICES OF APPOINTMENTS - TEMP /PROV /PERM CCP# 36,1/19 Mrs. Russell moved That the above item be the same and hereby is Received and Filed ADOPTED FINANCE (MICHAEL PASSED. KEARNS, CHAIRPERSON) NO. 54 PERMISSION TO ENGAGE SERVICES OF CONSULTING ENGINEER FOR THE RESIDENTIAL METERING PROGRAM (ITEM NO. 12, C.C.P., JAN. 19, 2010) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Kearns moved: That the above item be recommitted to the Committee on Finance ADOPTED NO. 55 INCREASE CONTRACT AMOUNT, 300 MANHATTAN AVENUE, 602 FOURTH STREET, INCREASE AND EXTEND PARADIGM ASBESTOS SURVEY CONTRACT AND ASBESTOS BULK SAMPLING AND JMD AIR AND PROJECT MONITORING SERVICES (ITEM NO. 25, C.C.P., JAN. 19, 2010) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Kearns moved: That the Acting Commissioner of Economic Development and Permit and Inspection Services be and he hereby is authorized to issue change orders to Titan Wrecking, an increase in the amount of $99,620.00, for the demolition of 300 Manhattan, Contract Number 93000199, to be funded from Account 31680006- 445100; to Geiter Done Demolition, an increase in the amount of $219,142.00, for the demolition of 602 Fourth Street, Contract Number 93000207; to be funded from Account Number 38072706 - 445100; to Paradigm Environmental Services for Ire Demolition Asbestos Surveys, Contract Number 93000218, an increase in the amount of $547,950.00, to be funded from Account number 38072706- 445100; to Paradig Environmental Services for Asbestos Bulk Sampling, Contract Number 93000246, an increase in the amount Of $36,549.00, to be funded from Account number 38072706 - 445100; to JMD Environmental Inc. for Project Monitoring Services, an increase amount of $375,000.00, to be funded from 38072706 - 445100, and as more fully described in the above communication. PASSED AYES -9 NOES -0 COMMUNITY DEVELOPMENT (MICHAEL J. LOCURTO, CHAIRPERSON) NO. 56 LEASE - 628 WASHINGTON STREET - CIURCZAK AND COMPANY (ITEM NO. 92, C.C.P., JAN. 19, 2010) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. LoCurto moved: That the Mayor, the Chairman, Vice - Chairman, or any duly authorized officer of the City of Buffalo Urban Renewal Agency is hereby authorized to execute any and all documents necessary to lease the property known as 628 Washington Street to Ciurczak and Company which is subject to approval of Agency Legal Counsel. PASSED AYES -9 NOES -0 NO. 57 LEASE - 628 WASHINGTON STREET - CIURCZAK AND COMPANY (BURR) (ITEM NO. 30, C.C.P., JAN. 19, 2010) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. LoCurto moved That the above - mentioned item be and the same is hereby approved PASSED AYES -9 NOES -0 NO. 58 PERM TO DESIGNATE REDEVELOPER MILK BLOCK CLUB ASSOC -1628 FILLMORE (MAS)(STRAT PLAN) (C.C.P. #5, JAN 19, 2010) That the above item be the same and hereby is Received and Filed. ADOPTED NO. 59 REPORT OF SALE - 107 BURGARD (ITEM NO. 6, C.C.P., JAN. 19, 2010) That the offer from Ms. Susan Holmes, residing at 95 Hazel Street, in the sum of Eight Hundred Dollars ($800.00) for the purchase of the northerly portion of 107 Burgard, 30' x 65', and the offer of Mr. Odell Holmes, residing at 63 Godfrey, in the sum of Eight Hundred Dollars ($800.00) for the purchase of the southerly portion of 107 Burgard, 30' x 65', be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES -9 NOES -0 NO. 60 REPORT OF SALE - 162 MAPLE (ITEM NO. 7, C.C.P., JAN. 19, 2010) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. LoCurto moved: That the offer from Mrs. Patricia E. King, residing at 166 Maple Street, in the sum of One Thousand and Five Hundred Dollars ($1,500.00) for the purchase of 162 Maple Street, be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES -9 NOES -0 NO. 61 REPORT OF SALE - 96 OXFORD (ITEM NO. 8, C.C.P., JAN. 19, 2010) Mr. LoCurto moved That the offer from Mr. Glenn D. Reid, residing at 6363 Lake Avenue, Orchard Park, in the sum of Ten Thousand Dollars ($10,000.00) for the purchase of 96 Oxford, be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES -9 NOES -0 LEGISLATION (JOSEPH GOLOMBEK JR., CHAIRPERSON NO. 62 ELLICOTT STREET GATEWAY PROJECT - TWO ADDITIONAL POTENTIAL PARCELS (ITEM NO. 11, C.C.P., JAN. 19, 2010) 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. 63 FOOD STORE LICENSE - 2082 SOUTH PARK (ITEM NO. 23, C.C.P., JAN. 19, 2010) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Golombek moved: 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 Faiz Almuseki located at 2082 South Park dib /a Nadeem's Grocery & Deli. PASSED AYES -9 NOES -0 NO. 64 RESTAURANT DANCING CLASS IV - 45 W. CHIPPEWA STREET (ITEM NO. 26, C.C.P., JAN. 19, 2010) Mr. Golombek moved That pursuant to Chapter 150 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services be, and he hereby is authorized to grant a Restaurant Dancing Class IV License to Christian Battaglia dib /a 4 Play located at 45 Chippewa West. PASSED AYES -9 NOES -0 NO. 65 USED CAR DEALER- 1525 WILLIAM (ITEM NO. 28, C.C.P., JAN. 19, 2010) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Golombek moved: That pursuant to Chapter 254 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services be, and he hereby is authorized to grant a Used Car Dealer license to Munadel Rizek d /b /a Western Auto Sales located at 1525 William is hereby approved with the following condition: 1. No outdoor sale of clothing or sneakers PASSED W /COND AYES -9 NOES -0 NO. 66 FOOD STORE LICENSE- 535 BROADWAY (ITEM NO. 35, C.C.P., JAN. 5, 2010) (ITEM NO. 69, C.C.P., JAN. 19, 2010) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Golombek moved: That pursuant to Chapter 194 of the City Code, the Commissioner of Permit and Inspections Services be, and he hereby is authorized to grant a Food Store License to Okbah Hamood Alyafai located at 535 Broadway d /b /a Taste of the Town Takeout & Deli with the following conditions: 1. That no hand painted signs are to be displayed at the premises. 2. If there is objectionable graffiti on the premises, it must be removed within five (5) business days. 3. The exterior of the premises must be clean of all debris each morning upon opening. 4. That there be no excessive signage at the premises. PASSED W /COND AYES -9 NOES -0 NO. 67 SEQR LEAD AGENCY COORDINATION BATTAGLIA TRANSFER STATION 1037 -1055 SENECA STREET (ITEM NO. 48, C.C.P., JAN. 5, 2010) (ITEM NO. 71, C.C.P., JAN. 19, 2010) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Golombek moved: That the above - mentioned item be and the same is hereby recommitted to the Committee on Legislation. ADOPTED. NO. 68 P. HABERSTRO -ERIE COUNTY WALKABILITY STUDY (C.C.P. 44, JAN 5) That the above item be the same and hereby is Received and Filed. ADOPTED NO. 69 M. KEARNS- POSSIBLE STREET NAME CHANGE - FUHRMANN BLVD (C.C.P. 40, NOV 24) That the above item be the same and hereby is Received and Filed. ADOPTED NO. 70 T. DEJESUS, PETITION TO USE 518 NIAGARA A!K /A 520 NIAGARA -ALTER RESTAURANT /BAR TO PERMIT LIVE MUSIC & DANCING (ITEM NO. 81, C.C.P., SEPT. 1, 2009) (ITEM NO. 46, C.C.P., SEPT. 15, 2009) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Golombek moved: That after the public heating before the Committee on Legislation on September 8, 2009, the petition of T. DeJesus, owner, for permission to permit live music and dancing at a restaurant bar located at 518 Niagara a /k/a 520 Niagara be, and hereby is approved. PASSED AYES -9 NOES -0 NO. 71 J. CREWSON, AGENT, USE 191 GANSON ST TO INCLUDE A CONCRETE CRUSHING PLANT (SOUTH) (HRG 6/2)( #67, 5/26)( #64, 6/9) (C.C.P. 96, JUNE23) That the above item be the same and hereby is Received and Filed. ADOPTED COMMITTEE OF THE WHOLE (DAVID A. FRANCZYK, CHAIRPERSON) NO. 72 W. TREZEVANT- REQUEST INVESTIGATION RE ALLEGATIONS CCP# 41,4/28 Mr. Franczyk moved That the above item be the same and hereby is Received and Filed ADOPTED NO. 73 LETTER TO B D OF ETHICS -REQ REVIEW OF NEWS ARTICLE CCP# 5,9/22 Mr. Franczyk moved That the above item be the same and hereby is Received and Filed ADOPTED NO. 74 G. PRITCHARD- RESUME FOR ELLICOTT DISTRICT COUNCILMEMBER CCP# 45,11/24 Mr. Franczyk moved That the above item be the same and hereby is Received and Filed ADOPTED NO. 75 J. SMITH - RESUME FOR A POSITION WITHIN THE COUNCIL OFFICES CCP# 51,11/24 Mr. Franczyk moved That the above item be the same and hereby is Received and Filed ADOPTED NO. 76 D. ALLEN - RESUME TO EXPRESS INTEREST IN THE ELLICOTT COUNCIL SEAT CCP# 62,11/24 Mr. Franczyk moved That the above item be the same and hereby is Received and Filed ADOPTED NO. 77 M. RODGERS- RESUME TO EXPRESS INTEREST IN ELLICOTT COUNCIL SEAT CCP# 53,11/24 Mr. Franczyk moved That the above item be the same and hereby is Received and Filed ADOPTED NO. 78 N. PRIMERANO- RESUME TO EXPRESS INTEREST IN ELLICOTT COUNCIL SEAT CCP# 54,11/24 Mr. Franczyk moved That the above item be the same and hereby is Received and Filed ADOPTED NO. 79 B. MCINTYRE- RESUME TO EXPRESS INTEREST IN ELLICOTT COUNCIL SEAT CCP# 66,11/24 Mr. Franczyk moved That the above item be the same and is hereby Received and Filed ADOPTED NO. 80 F. HEINLE- RESUME TO EXPRESS INTEREST IN ELLICOTT COUNCIL SEAT CCP# 56,11/24 Mr. Franczyk moved That the above item be the same and hereby is Received and Filed ADOPTED NO. 81 W. TREZEVANT- RESUME TO EXPRESS INTEREST IN ELLICOTT COUNCIL SEAT CCP# 57,11/24 Mr. Franczyk moved That the above item be the same and hereby is Received and Filed ADOPTED NO. 82 N. AHMED- RESUME TO EXPRESS INTEREST IN ELLICOTT COUNCIL SEAT CCP# 32, 12/08 Mr. Franczyk moved That the above item be the same and hereby is Received and Filed ADOPTED NO. 83 D. GILBERT- RESUME TO EXPRESS INTEREST IN ELLICOTT COUNCIL SEAT CCP# 33,12/08 Mr. Franczyk moved That the above item be the same and hereby is Received and Filed ADOPTED NO. 84 F. LELI- RESUME TO EXPRESS INTEREST IN ELLICOTT COUNCIL SEAT CCP# 34,12/08 Mr. Franczyk moved That the above item be the same and hereby is Received and Filed ADOPTED NO. 85 J. MORALES- RESUME TO EXPRESS INTEREST IN ELLICOTT COUNCIL SEAT CCP# 35,12/08 Mr. Franczyk moved That the above item be the same and hereby is Received and Filed ADOPTED NO. 86 D. PRIDGEN- RESUME TO EXPRESS INTEREST IN ELLICOTT COUNCIL SEAT CCP# 36,12/08 Mr. Franczyk moved That the above item be the same and hereby is Received and Filed ADOPTED NO. 87 M. WEEKES- RESUME TO EXPRESS INTEREST IN ELLICOTT COUNCIL SEAT CCP# 37,12/08 Mr. Franczyk moved That the above item be the same and hereby is Received and Filed ADOPTED NO. 88 C. HAYNES, JR. - RESUME TO EXPRESS INTEREST IN ELLICOTT COUNCIL SEAT CCP# 38,12/08 Mr. Franczyk moved That the above item be the same and hereby is Received and Filed ADOPTED NO. 89 B. HORTON - RESUME TO EXPRESS INTEREST IN ELLICOTT COUNCIL SEAT CCP# 39, 12/08 Mr. Franczyk moved That the above item be the same and hereby is Received and Filed ADOPTED NO. 90 T. MACLIN - RESUME TO EXPRESS INTEREST IN ELLICOTT COUNCIL SEAT CCP# 40,12/08 Mr. Franczyk moved That the above item be the same and hereby is Received and Filed ADOPTED NO. 91 REAPPOINTMENT OF COMMISSIONERS - PURSUANT TO §54 OF THE CITY CHARTER (ITEM NO. 3, C.C.P., DEC. 22, 2009) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Franczyk moved: That the reppointments of Tanya of Janet E. Penska, as Commissioner of Administration, Finance, Policy, and Urban Affairs and of Steven J. Stepniak, as Commissioner of Public Works, Parks and Streets, be they hereby are approved and that the reappointment of Perrin - Johnson as Commissioner of Community Services and Recreational Programming be recommitted to the Committee of the Whole PASSED AYES -9 NOES -0 NO. 92 ELLICOTT DISTRICT VACANCY CCP# 77, 1/05 Mr. Franczyk moved That the above item be the same and hereby is Received and Filed ADOPTED RESOLUTIONS NO. 93 BY: MR. FONTANA APPOINTMENT MARRIAGE OFFICER Pursuant to Chapter 49 of the laws of New York (1988), which allow a governing body the right to appoint one or more Marriage Officers, who have the authority to solemnize marriages, I am requesting the appointment of the following person whose appointment as a Marriage Officer shall expire at the end of the year appointment. Dr. Curtis Haynes Jr. ADOPTED. NO. 94 MR. FRANCZYK APPOINTMENT TO THE BICYCLE /PEDESTRIAN ADVISORY BOARD Whereas: There currently exists at least one opening on the Bicycle /Pedestrian Advisory Board; and Whereas: Pursuant to § 6 -60 (Appointment of members: terms of office) of the Code of the City of Buffalo, the Advisory Board shall consist of 15 members. There shall be 1 1 voting members, appointed by the Buffalo Common Council and approved by the Mayor. At least five members shall be active cyclists, and at least four members shall be active pedestrians. One member shall be a member of the Disability Advisory Council. One member shall be an employee of the Department of Public Works. There shall also be four nonvoting members appointed by the Buffalo Common Council and approved by the Mayor and shall include one representative from each of the following departments: the Buffalo Common Council, the Buffalo Police Department, the Traffic Engineer and the Office of Strategic Planning; and Whereas: Mr. Richard L, Taczkowski resides within the City of Buffalo at 205 Marine Drive, Apartment 11 G, Buffalo, NY 14202, 716 - 854 -3479 and has a wide range of experience working in, and with, governments locally; and Whereas: Richard L. Taczkowski is pedestrian, and his appointment to the Bicycle Pedestrian Advisory Board would be beneficial to the City of Buffalo; and Now, Therefore, Be It Resolved: That, effective immediately, Richard L. Taczkowski is hereby appointed by the Common Council of the City of Buffalo to serve as a voting member on the Bicycle /Pedestrian Advisory Board. PASSED AYES -9 NOES -0 NO. 95 BY: MR. GOLOMBEK RE: DISCHARGE LEGISLATION COMMITTEE ITEM #21 C.C.P. JANUARY 19, 2010 "Food Store License (New) 302 Grant (Nia)(EDPI)" Whereas: Whereas: The above item is currently in the Legislation Committee; and 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 Legislation Committee from further consideration of Item #21 C.C.P. January 19, 2010 "Food Store License (New) 302 Grant (Nia)(EDPI)" and said item is now before the Common Council for its consideration. Mr. Fontana moved: That the above communication be discharged from the Committee on Legislation; 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 Nagib Fadel located at 302 Grant d /b /a Grant & Delavan Family Market with the following conditions: 1. That store hours should be: Sunday- Thursday close at 1 1:00 pm on Friday and Saturday the store should close at 1:00 am. 2. The store hours are conditional for one (1) year and may be changed by the Common Council. 3. That there is no loitering allowed On the store premises. 4. That there be no signage or other obstructions to be blocking windows or doors on the store premises. 5. That the property must be kept free of litter and trash. PASSED W /COND AYES -9 NOES -0 NO. 96 BY: MR. GOLOMBEK RE: DISCHARGE LEGISLATION COMMITTEE ITEM #27 C.C.P. JANUARY 19, 2010 The above item is currently in the Legislation Committee; and 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 Legislation Committee from further consideration of Item #27 C.C.P. January 19, 2010 "Used Car Dealer- 1531 Niagara St (Nia)(EDPI)" and said item is now before the Common Council for its consideration. Mr. Fontana moved: That the above communication be discharged from the Committee on Legislation; and That pursuant to Chapter 254 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services be, and he hereby is authorized to grant a Used Car Dealer license to Robert Black and Adnan Aljabufi d /b /a Mr. Fixit Auto located at 1531 Niagara Street with the condition that there is a ten (10) car limit on the premises. PASSED W /COND AYES -9 NOES -0 NO. 97 BY: MR. GOLOMBEK FILLING COMMON COUNCIL VACANCIES VIA SPECIAL ELECTION Whereas The current charter of the City of Buffalo calls for any vacancies on the Buffalo Common Council to be filled by an appointment chosen by the current members of the Common Council, and Whereas The process calls for a replacement that is of the same political party as the previous councilmember, and Whereas The process of appointing a candidate for the vacant Ellicott District Council seat in January of 2010 took up many hours of the Common Council's time; time which could have been better used serving the citizens of each individual councilmember's district, and Whereas The members of the Ellicott District Democratic Committee made a recommendation to the Common Council that they felt was rejected by the Council for political purposes, and Whereas The non - politically connected voter in the Ellicott District had no say in which candidate they felt would best represent their interests, and Whereas Every person, regardless of party affiliation, should be allowed to vote a candidate to office rather than have a candidate appointed to fill a vacancy, and Whereas A special, non - partisan election would take the appointment process out of the hands of individuals that do not live in the district. Now, Therefore, Be It Resolved: That the Common Council calls on the city's Law Department to determine the process of changing the City Charter to allow the Mayor of Buffalo to call for a special non - partisan election within Ninety days of any Common Council vacancies. REFERRED TO THE COMMITTEE ON LEGISLATION. NO. 98 BY: MR. HAYNES HANG BANNER FOR MARDI GRAS CELEBRATION Whereas: Mardi Gras Translated to "Fat Tuesday," historically represented the last opportunity for merrymaking and indulgence in food and drink before the solemn season of fasting; and Whereas: Mardi Gras carnivals traditionally include spectacular parades, masked balls, mocked ceremonies and street dancing; and Whereas: The most popular and well known Mardi Gras Carnival in the United States is held annually in New Orleans; and Whereas: For more than ten .years, Buffalo has held its own Mardi Gras Celebration in downtown Buffalo. Cooler and snowier than New Orleans, the Buffalo celebration participation continues to grow; and Whereas: Once again, the annual Buffalo Mardi Gras parade is being held on Fat Tuesday, February 16, 2010, on prominent Chippewa Strip; and Whereas: Universal Liquors is requesting permission from the City of Buffalo to place three signs across Chippewa announcing Mardi Gras; and Whereas: Universal Liquors wishes to place the signs across Chippewa between Elmwood and Delaware, Delaware and Franklin, Franklin and Pearl; and Whereas: The banners to be hung measure approximately thirty feet and will be hung from February 10- February 18, 2010. Now, Therefore, Be It Resolved: That the Common Council of the City of Buffalo does hereby approve the placement of three banners across Chippewa Street between the dates of February 10 - February 18, 2010, for the purpose of advertising annual Mardi Gras festivities in Buffalo; and Be It Finally Resolved: That this honorable Body does hereby approve the request for banners by Universal Liquors with the condition that all City of Buffalo regulations as they pertain to the hanging of banners be met. ADOPTED NO. 99 SPONSORS: HAYNES, LOCURTO, RIVERA THE CREATION OF A HATE CRIMES TASK FORCE Whereas The FBI's annual report on hate crimes showed that crimes against Lesbian, Gay, Bisexual, and Transgender (LGBT) rose more than any group; and Whereas The National Coalition of Anti - Violence Programs reports that hate crimes are grossly underreported by policing organizations; and Whereas Lindsay Harmon was attacked on January 1 sc by an assailant who viciously stabbed her while hurling homophone insults; and Whereas Violence against LGBT people contributes to a climate of fear, a climate that says crimes targeting LGBT people will not be prosecuted as hate crimes. Whereas The mission of The Commission on Citizens' Rights of the City of Buffalo is "to strive to eliminate prejudice, intolerance, bigotry, and discrimination to encourage equality of treatment and prevent discrimination against persons based on race, ethnic background, cultural background, language, religion, gender, sexual orientation, gender identity and expression, disability, nationality and age; and to assure respect for the civil liberties of all citizens "; and Whereas That commission is unable to fully carry out that mission because only six of eleven members have been appointed and funding has been removed for a Community Relations Advocate to investigate allegations of citizens' rights abuse. Now, Therefore Be It Resolved: That a Hate Crime Task Force be established with representatives of the Police, the District Attorney's office, and members of affected communities with a goal of making City Government and Law Enforcement agencies aware of issues specific to those communities; and Be It Further Resolved: That the Common Council appoint members to this task force; and Be It Further Resolved: That the Buffalo Police track hate crimes and make an annual report on such crimes to the common council; and Be It Further Resolved: That the mayor make appointments to the Commission on Citizens' Rights so that the commission has eleven members; and Be It Further Resolved: That adequate funds be budgeted for a Community Relations Advocate at the Commission on Citizens' Rights; and Finally, Be It Resolved: That a copy of this resolution be sent to Acting Police Commissioner Daniel Derenda and District Attorney Frank Sedita III. ADOPT 1,2,4,5,6 "RES THE REMAINDER REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF POLICE NO. 100 BY MICHAEL P. KEARNS AUTHORIZING THE IMPLEMENTATION AND FUNDING IN THE FIRST INSTANCE OF 100 % OF FEDERAL AID-ELIGIBLE COSTS, OF A TRANSPORTATION FEDERAL -AID EMERGENCY RELIEF PROJECT, TO FULLY FUND THE LOCAL SHARE OF FEDERAL -AID ELIGIBLE AND INELIGIBLE PROJECT COSTS, AND APPROPRIATING FUNDS THEREFOR WHEREAS, A project, the City of Buffalo Emergency Highway Repair Project: Debris removal resulting from the Buffalo, NY Snow Storm on October 12, 2006; (FI -IWA Event No. NY- 06 -02); Pin 5era. 63 ( "the Project "), is eligible for funding under Title 23 U.S. Code, as amended, for Federal emergency relief that calls for the apportionment of the costs of such project to be borne at the ratio of 100% Federal funds and 0% Non - Federal funds (work completed within 180days of the Emergency Event); and WHEREAS, The City of Buffalo has advanced the Project by committing City Funds, Forces and Equipment to implement the Construction phase (Emergency Highway Maintenance Work) of the project thereof; and WHEREAS, That the sum of $463,929 has previously been appropriated for City Resources (Labor & Equipment) and Contractual Services pursuant to the City of Buffalo's Department of Public Works 2006 Operating Budget, and made available to cover the cost of participation in the above phase of the Project. NOW THEREFORE BE IT RESOLVED, That the Common Council of the City of Buffalo, duly convened, does hereby approve the Project; and BE IT FURTHER RESOLVED, That the Common Council of the City of Buffalo hereby authorized the City of Buffalo to pay in the first instance 100% of the Federal and Non - Federal (if any) shares of the cost of the Construction phase of the Project or portions thereof; and BE IT FURTHER RESOLVED, That in the event that the full federal and Non - Federal shares costs of the Project exceed the amount appropriated, the City of Buffalo shall convene a meeting of the Common Council as soon as possible to appropriate said excess amount immediately upon the notification by the New York State Department of Transportation thereof; and BE IT FURTHER RESOLVED, That the Mayor of the City of Buffalo be and is hereby authorized to execute all necessary agreements, certifications, or reimbursement requests for Federal Aid on behalf of the City for Buffalo with the New York State Department of Transportation in connection with the advancement or approval of the Project and providing for the administration of the Project and the municipality's first instance funding of Project costs and permanent funding of the local share of Federal -Aid eligible Project costs and all Project costs within appropriations therefore that are not so eligible; and BE IT FURTHER RESOLVED, That a certified copy of this Resolution be filed with the New York State Commissioner of Transportation by attaching it to any necessary agreement in connection with the Project; and BE IT FINALLY RESOLVED, That this Resolution shall take effect immediately. F- 1 19101ir:1.1 NO, 101 BY: MESSRS. RIVERA AND LOCURTO RE: ORDINANCE AMENDMENT Part 1. Chapter 35. Article IX. Section 35 -38. Domestic Partnership Benefits The Common Council of the City of Buffalo does hereby ordain as follows: That Chapter 35 -38 be added to Part 1, Chapter 35, Article IX of the Code of the City of Buffalo to read as follows: &35 -38 Citv EmDlovee Domestic Partnership Benefits A. A domestic partner. dulv reaistered in accordance with Chapter 160 of Part 2 of this Code. of anv Citv emDlovee shall be treated as the spouse of the Citv emDlovee for the purposes of health benefits provided by the Citv to said Citv emDlovee and eliaible members of their families. pursuant to stipulation or collective baraainina aareement. for as Iona as said domestic partnership is so reaistered. This ordinance shall take effect sixty (60) days after it is family adopted pursuant to City Charter §3 -19. APPROVED AS TO FORM Asst. Corporation Counsel NOTE: Matter underlined is new, matter in brackets is to be deleted. REFERRED TO THE COMMITTEE ON LEGISLATION. NO. 102 BY MESSERS RIVERA AND LOCURTO RE: ORDINANCE AMENDMENT PART 2. CHAPTER 160. DOMESTIC PARTNERSHIP REGISTRY The Common Council of the City of Buffalo does hereby ordain as follows: That Chapter 160 be added, including Subsections 160 -1 through 160 -6 of the Code of the City of Buffalo to read as follows: 160 -1. Leaislative Intent A. It is the intention of the Common Council of the City of Buffalo to establish a mechanism by which those who choose not to or are leaallv prohibited from marrvina can express and document their commitment to each other as "domestic papers." The Common Council deems it is appropriate and fair that certain societal benefits and Drivileaes now accorded to those who are in a leaallv recoanized Dartnershin be available to be domestic partners. B. This leaislation is intended to define the term "domestic partnership" and establish a reaistry for residents wishina to acknowledae said relationships. &160 -2. Reauirements A. A domestic partnership shall exist between two persons. who execute and file with the Citv Clerk of the Citv of Buffalo a statement of domestic partnership in which each individual as to him or herself declares. under penalties of Deriurv: 1. The individuals are at least eighteen (18) years of age. The individuals are competent to enter into a contract. The individuals are not married in any jurisdiction. The individuals are committed to the physical, emotional and financial care and support of each other. 5. The individuals are financially interdependent. 6. The individuals have represented to persons outside their domestic partnership that thev are domestic partners. 7. The individuals are each other's sole domestic partner, and each has no other domestic partner. 8. The individuals intend to remain each other's sole domestic partner. 9. The individuals have not terminated a statement of domestic partnership, or its eauivalent in this or anv another iurisdiction. within six months immediatelv prior to filina the statement. 10. The individuals are not related by blood in a manner that would bar marriaae under the laws of the State of New York. B. A statement of domestic partnership shall be executed before the Citv Clerk or his authorized desianee by both individuals under oath and Denaltv of Deriury as to each of its declarations and shall be subscribed by the Clerk or his desianee. The Citv Clerk may reauire documentary evidence or testimonv under oath in support of one or more of the declarations. pursuant to reaulations Dromulaated by the Citv Clerk. C. A statement of domestic partnership shall be executed on a form provided by the Citv Clerk and shall be effective as of the date of its filina. D. A statement of domestic partnership which contains a false or fraudulent declaration by either of the individuals executina it shall not be effective. notwithstandina its filina by the Citv Clerk and shall be voided by the Citv Clerk: provided. however. that the Citv Clerk shall not void a statement of domestic partnership without first Drovidina the individuals who executed it notice of the alleaed false or fraudulent declaration and an opportunity to explain or rebut the alleaations. pursuant to reaulation Dromulaated by the Citv Clerk in consultation with leaal counsel. 160 -3 Termination of Domestic Partnership A. Either individual in a domestic partnership may terminate the domestic partnership by executina and filina with the Citv Clerk a termination of domestic partnership in which the individual declares the followina: 1. The domestic partnership has been terminated 2. The individual terminating the domestic partnership has notified the other domestic partner of the termination in writina. 3. Written notice of the termination has been received by the other domestic partner at least 30 days immediatelv prior to the filina of the termination of domestic partnership. B. A termination of domestic partnership shall be executed before the Citv Clerk or a desianee under oath and Denaltv of Deriury as to each of its declarations and shall be subscribed by the Clerk or his desianee. The Citv Clerk may reauire documentary evidence or testimonv under oath in support of one or more of the declarations. pursuant to reaulations Dromulaated by the Citv Clerk in consultation with leaal counsel. C. A termination of domestic partnership that be executed on a form provided by the Citv Clerk. and shall be effective as of the date of it's filina. D. A termination of domestic partnership which contains a false or fraudulent declaration by either of the individuals executina it shall not be effective. notwithstandina its filina by the Citv Clerk and shall be voided by the Citv Clerk: provided. however. that the Citv Clerk shall not void a termination of domestic partnership without first Drovidina the individuals who executed it notice of the alleaed false or fraudulent declaration and an opportunity to explain or rebut the alleaations. pursuant to reaulation Dromulaated by the Citv Clerk in consultation with leaal counsel. E. A domestic partnership shall terminate. and be deemed null and void. in the event of the marriaae or death of either partner or the application for another domestic partnership by either partner. §160 -4 Fees A. The Citv Clerk shall charae a non - refundable fee of forty dollars ($40.00) for the filina of a statement of domestic partnership or a termination of domestic partnership. The Citv Clerk shall charae a non - refundable fee of forty dollars ($40.00) for Drovidina an additional certified coov of either document. &160 -5 Records A. The City Clerk shall maintain a log of statement of name of each individual and date of filing in a format designed to facilitate access to such statements. The loa shall be a public record pursuant to the Freedom of Information Law. The Citv Clerk shall treat anv other information of a Dersonallv identifvina nature. relatina to an individual as a matter of personal Drivacv exempt from disclosure under such law. 160 -6 Confidentialitv A. The Citv Clerk shall ensure the confidentiality of information contained in the reaistrv. In the course of ordinary business. such information shall be released as follows: 1. To one or both parties to the domestic partnership. 2. To an individual presenting, written authorization from one or both of the parties to the domestic partnership. In accordance with an order of a court of competent jurisdiction or a so- ordered This ordinance shall take effect thirty (30) days after it is finally adopted pursuant to City Charter §3 -19. APPROVED AS TO FORM Asst. Corporation Counsel NOTE: Matter underlined is new, matter in brackets is to be deleted. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 103 SPONSOR: DAVID A. RIVERA PROPOSED CLOSING OF THE WATERFRONT HEALTH CARE CENTER WHEREAS: The Waterfront Health Care Facility, located at 200 Seventh Street in Buffalo, New York, is a skilled nursing facility that is home to 160 residents on Buffalo's West side; and WHEREAS: Kaleida Health has submitted an application to the New York State Department of Health { "NYS DOH") seeking approval to close the Waterfront Health Care Facility, citing severe cutbacks in New York State Medicaid funding. The approval of this plan would displace residents and result in the loss of 200 jobs from this facility alone; and WHEREAS: In recent years, several nursing facilities in the City of Buffalo have closed due to financial duress including the Episcopal Church Home, Nazareth Nursing Home, Grace Manor Nursing Home and, most recently, St. Francis of Buffalo Nursing Facility. These facilities, which were primarily funded through the New York State Medicaid program, suffered severe cutbacks which resulted in the displacement of hundreds of residents and the loss of 2,038 jobs in the City of Buffalo; and WHEREAS: Protecting long -term skilled nursing care in the City of Buffalo is crucial to the health and well -being of city residents and 737 beds would be lost if the Waterfront Health Care Facility closes; and WHEREAS: The closure of Waterfront Health Care Facility would severely limit the availability of skilled nursing care for sick and elderly city residents on the West Side of Buffalo whose very lives depend on these services; and NOW, THEREFORE BE IT RESLOVED: That the Common Council values the Waterfront Health Care Facility and is vehemently opposed to its closing, and applauds the efforts of The United Healthcare Workers East ( 1199 SEIU) and the Leadership of the Waterfront Health Care Facility for their continuing efforts to find a creative solution to this critically important issue to the West Side community; and BE IT FINALLY RESOLVED: That the Common Council directs that copies of this resolution be forwarded to the leadership of the Waterfront Health Care Facility, Kaleida Health, NYS DOH, and the City administration, and asks that these groups work closely together to find a creative solution to this issue which will preserve the availability of skilled nursing care for sick and elderly residents of the West Side of Buffalo. ADOPTED NO. 104 BY MR. RIVERA WAIVE CONSTRUCTION FEES, CONTRACTOR LICENSE FEES, AND DISPOSAL FEES FOR PEOPLE UNITED FOR SUSTAINABLE HOUSING, INC. WHEREAS, People United for Sustainable Housing (PUSH) has an excellent reputation and track record as not - for - profit organization that advances an anti - poverty agenda and provides affordable, high - quality housing for Buffalo residents; and WHEREAS, PUSH members advocate on the local, state, and national levels for comprehensive reform of housing policy and people- centered economic policies; and WHEREAS, PUSH offers cooperative living arrangements for its tenants at 456 Massachusetts Ave. and 129 Chenango St., both of which were rehabbed by PUSH and its neighborhood -based construction teams; and WHEREAS, additional housing rehabilitation efforts are underway at 397 Massachusetts, 398 Massachusetts Avenue, 460 Massachusetts Avenue, 10 Winter Street and 16 Winter Street; and WHEREAS, PUSH and its members continue to strengthen the City's West Side and create additional property tax revenue through development of high - quality rental opportunities and new homeownership opportunities; and WHEREAS, this honorable body has before granted waivers of construction permit and license fees for non - profit organizations; and WHEREAS, by waiving fees for PUSH, the City of Buffalo will be directly reducing their building costs and freeing up construction dollars that can be used to complete additional projects; NOW THEREFORE BE IT RESOLVED, That the Common Council does hereby request that the City of Buffalo Department of Economic Development, Permits and Inspection Services waive all construction permit fees for People United for Sustainable Housing and its related non - profit corporation Buffalo Neighborhood Stabilization Company for the 2010 calendar year; and BE IT FURTHER RESOLVED, That the City Clerk is directed to send certified copies of this resolution to the Commissioner of Economic Development, Permit & Inspections Services; Steve Stepniak, Commissioner of Public Works, Parks & Streets; David Rodriguez, Acting Corporation Counsel; and Aaron Bartley, Executive Director of PUSH Buffalo, 271 Grant Street, Buffalo NY 14213. David A. Rivera Common Council President Pro Tempore Niagara District Councilmember PASSED AYES -9 NOES -0 NO. 106 BY: MRS. RUSSELL RE: ORDINANCE AMENDMENT CHAPTER 264. RENTAL DWELLING UNIT REGISTRATION The Common Council of the City of Buffalo does hereby ordain as follows: That Chapter 264, Section 264 -11 of the Code of the City of Buffalo be amended to read as follows: 264 -11. Duties of Certificate Holders Every holder of a rental dwelling unit registration certificate shall: A. Conspicuously post the certificate in a protected mounting in the public corridor, hallway or lobby of the building for which the certificate was issued. This posting shall be in a common entrance. If no common entrance exists, then posting shall be made at the entrance of each dwelling unit. In the alternative to such posting, the license shall be produced by the owner at the request of a tenant, a prospective tenant or upon demand of the Commissioner. B. Conform with all other applicable state, county and City laws and ordinances on matters not specifically addressed in this chapter. C. The rental aareement or lease for a dwellina unit reaulated under this chapter must include a disclosure of the smokina Dolicv. for the premises on which the dwellina is located. The disclosure must state whether smokina is prohibited on the premises. allowed on the entire premises or allowed in limited areas on the premises. If the smokina Dolicv. allows smokina in limited areas on the premises. the disclosure must identifv the areas on the premises where smokina is allowed. APPROVED AS TO FORM Note: Matter underlined is new, matter in brackets is to be deleted REFERRED TO THE COMMITTEE ON LEGISLATION NO. 106 BY: DEMONE SMITH LICENSING OF RETAILERS THAT SELL TOBACCO PRODUCTS Whereas: Smoking is the leading preventable cause of death in our community: and Whereas: Each year tobacco kills more than 25,000 New Yorkers; and each year another 21,000 children start to smoke in New York State; and Whereas Studies have shown that most smokers begin smoking before they have reached the age of 18 and those persons who reach the age of 18 without having started smoking are significantly less likely to begin smoking; and Whereas Persons under the age of 18 years can often purchase or otherwise obtain access to tobacco and tobacco products from retail outlets in the City; and Whereas Tobacco use rates are actually higher in the City of Buffalo, in part because of the predatory marketing practices of the tobacco industry; and Whereas Smoking has been shown to be the cause of several serious health problems which subsequently place a financial burden on all levels of government; and Whereas No other consumer product has such a devastating impact on the health of a community as tobacco; and Whereas Licensing of retailers selling tobacco would allow the City of Buffalo to hold the owner of a retail store accountable for the unlawful sale of tobacco to minors or for any other violation of local, state or federal tobacco control laws; and Whereas New York City and Boston have already banned the selling of blunts and tobacco at pharmacies; and Whereas Locally, Wegmans, Dash's, Budweys and a variety of pharmacies have ended the selling of tobacco in their retail centers; Now Therefore Be It Resolved: That the Department of Law draft an ordinance that would require all retailers of tobacco and tobacco products obtain a nontransferable license, and pay an annual fee which would cover the city expenses for implementation, administration, monitoring and enforcement; and Now Therefore Be It Further Resolved: That the ordinance contain language requiring all outlets selling tobacco products to post visible health warnings and information about cessation services at the point of sale, that all tobacco advertising be black lettering on white paper, that tobacco products not be advertised or visibly displayed outside of the store and that no licenses shall be issued to mobile vendors; and Now Therefore Be It Further Resolved: That stiff times be placed on retailers that violate the ordinance and that a provision for revocation of a tobacco sales license be included in the ordinance. REFERRED TO THE COMMITTEE ON LEGISLATION AND CORPORATION COUNSEL NO. 107 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 • Ashley Glichowski Curtis Haynes, Jr. • Todd McAlister Jerome Wszalek • Amy Di Joseph Aedrielle Tard • Vianne Uthman Jessica Zafirakis TOTAL 8 ADOPTED NO. 108 ADOPTED 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. Regular Committees Committee on Civil Service Tuesday, February 9, 2010 at 9:45 o'clock A.M. Committee on Finance Tuesday, February 9, 2010 at 10:00 o'clock A.M. following Civil Service Committee on Comm. Dev. Tuesday, February 9, 2010 at 1:00 o'clock P.M. Committee on Legislation Tuesday— February 9, 2010 at 2:00 o'clock P.M. (Public Disclaimer): All meetinas are subiect to chanae and cancellation by the respective Chairmen of Council Committees. In the event that there is sufficient time aiven for notification. it will be provided. In addition. there may be meetinas set uD wherebv the Citv Clerk's Office is not made aware: therefore. unless we receive notice from the respective Chairmen. we can only make notification of what we are made aware. NO. 109 ADJOURNMENT On a motion by Mr. Fontana, Seconded by Mrs. Russell, the Council adjourned at 2:50 PM GERALD CHWAL1 NSKI CITY CLERK