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Home My WebLink About10-1116-1109ss (2)NO. 21 PROCEEDINGS OF THE CITY OF BUFFALO NOVEMBER 16, 2010 SPECIAL SESSION NOVEMBER 9, 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 N *Cluj Ir e V Z K S] k� i h� i 111 i 9 4 *1 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 SPECIAL COMMITTEES 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 Members PUBLIC TRANSPORTATION: Michael P. Kearns, Chairman, Richard A. Fontana, Michael J. LoCurto, David A. Rivera - WATERFRONT DEVELOPMENT COMMITTEE: Michael P. Kearns, Chairman, Joseph Golombek, Jr, Michael J. LoCurto, David A. Rivera, members INVOCATION PLEDGE TO FLAG DATE November 16, 2010 FINAL MAYOR 1- A. Perm to Hang Banners -Bflo World Jr. Hockey Championship APP MAYOR - EXECUTIVE 2- 1. Cit Serv- Submission of Monthly Report -Oct 2010 R &F 3- 2. Plan Bd -SEQR- Negative Declaration -310 Jersey(Nia) R &F 4- 3. Strat Plan -Mass. Ave. Housing Deve. Plan PILOT - 397,398 & 460 Mass. Ave APP 5- 4. Strat Plan- Permission to Designate COB as a Recovery Zone APP 6- 5 Strat Plan- Permission to Enter Into NYSDEC Envir Restor. Prog- Lehigh Valley RR Property APP 7- 6. Strat Plan- Report of Sale -488 Hickory(Ell) APP 8- 7. Strat Plan- Report of Sale -225 Loepere(Fill) APP 9- 7A. Strat Plan- Report of Sale -397 & 398 Massachusetts(Nia) APP 10- 8. Strat Plan- Report of Sale -777 Seneca(Fill) APP 11- 9. Strat Plan- Rescind Sale -66 & 68 Lester St(Lov) APP COMPTROLLER 12- 10. Cell Block Agreement with Erie County FIN PUBLIC WORKS 13- 11. Change in Contract -City Court Renovation (Ell) APP 14- 12. Perm to Modify Agmt w /NYSDOT -South Park Lift Bridge APP 15- 13. Report of Bids -Main Place Mall Parking Ramp(Ell) APP 16- 14. Report of Bids - Repair of Streetlight Foundation APP 17- 15. Appoint Machine Operator(Perm)(Inter)(Rusinek) CS 18- 16. Appoint Park Utility Worker(Prov)(Inter)(Leonard) CS POLICE 19- 17. Request Transfer to City Owned Property APP FIRE 20- 18. Breathing Air Supply Vehicle APP CORPORATION COUNSEL 21- 18A. Agreement with Kleinhan's Music Hall Mngmt, Inc. FIN PERMITS AND INSPECTIONS 22- 19. Food Store (New) 901 Niagara(Nia) APP PARKING 23- 20. Appoint Laborer II(Perm)(Inter)(Nespal) CS CITY CLERK 24- 21. Liquor License Applications R &F 25- 22. Reports of Attendance R &F 26- 23. Notices of Appointment - Seasonal R &F 27- 24. Notices of Appointments- Temp /Prov /Perm CS MISCELLANEOUS 28- 25. LP Ciminelli -Board Packet Documents November 2010 R &F 29- 26. W. Glover -200 Anniv. War of 1812 - Commermorative Bonfires LEG, FIRE 30- 27. M. Kearns -M. Kless- Procedures for Administering Civil Service Tests CS 31- 27A. Street Sign Changes LEG 32- 28. M. Kearns -News Articles- Tearing Down Skyway W /FRONT 33- 29. M. Kearns - Waterfront Community Development Agreement CD 34- 29A M. LoCurto -Three Phase Plan for Revitalization of Statler Property CD 35- 29B. J. Pajak -Info Req. by CC- Capital Improvement Frog Workshop BUDGET 36- 30. J. Pajak -D. Franczyk -State Audit of the City's Elevator Inspections R &F 37- 31. D. Smith - Hydraulic Fracturing LEG 38- 32. D. Smith -K. Cummings -Info RTRA LEG 39- 33. D. Smith - Pending Nuisance Abatement Legislation LEG 40- 34. D. Smith -P. Rumore - Resolution Challenging the Fed Govt's Approach to Failing Buffalo Schools ED 41- 35. D. Smith - Upstate NY is Not Sufficiently Utilizing Personal Care for Medicaid Beneficiaries LEG PETITIONS 42- 36. B. Baumker, Agent, Use 399 Louisiana, Erect Two Pole Signs & Place Three Wall Signs(Fill)(pub hrg 11/23) LEG,CPBD,ZONING 43- 37. D. Land, Agent, Use 2616 Main Street for an Outdoor Patio(pub hrg 11/23) LEG,CPBD 44- 38. D. Jackson, Agent, Use 15 Barthel St(Fill) for a HSF LEG,CPBD,ZONING 45- 39. R. Yelda & Others - Request Council to Adopt Bflo's Community Protection From Natural Gas Extraction Ordinance LEG RESOLUTIONS 100- 39A Fontana Waive Fees for Athletic Leagues in City Community Centers APP 101- 39B Fontana,etc Waive Fees for Healthy Home of Science Rehab Proj APP 102- 39C Franczyk New Appts To Police Reorg Comm ADOPT 103- 40. Haynes, etc. Step Up and Take a Stand Against Violence Day ADOPT 104- 40A LoCurto, etc. Lack of Compliance with City Charter Article 20 -31 ADOPT RES'S REM TO BUDGET SUBMISSION LIST OF COMMITTEE ITEMS FOR THE COUNCIL MEETINGS CIVIL SERVICE 46- 1. Com 15 Nov 3 Appt Special Assistant to Comptroller (Exempt)(Small)(Compt) R &F 47- 2. Com 22 Nov 3 Appoint Assistant Engineer( Pherm)(5 Step)(Duk)(PW) APP 48- 3. Com 23 Nov 3 Appoint Dispatcher(Perm)(4 Step)(Gugino)(PW) APP 49- 4. Com 44 Nov 3 Notices of Appointments- Temp /Prov /Perm(Cty Clk) R &F 50- 5. Com 38 July 20 Appt Deputy Corp Counsel (Exempt)(Savage III)(CC) R &F FINANCE 51- 6. Com 21 Oct 19 Permission to Hire Consultant 2011 Dept of Homeland Sec Data Call(PW) APP 52- 7. No 45 Oct 5 D. Jackson - Interest in Shared Asset for Justice Fund R &F 53- 8. Res 106 July 20 Promoting Transparency in Capital Budget Process by Holding Citizens Planning Council Meetings in CC Chambers(exc resolves) R &F 54- 9. No 69 July 6 M. Kearns - Article- Grants & Financial Incentives Available To Upgrade Solid Waste Fleet(# 52,6/22) R &F 55- 10. Com 14 May 25 Audit Report Substance Abuse Services Financial Procedures(Compt) R &F 56- 11. Com 12 May 25 Additional Info on Fed Financial Assistance(Compt) R &F 57- 12. Com 45 April 27 BSA Operating Fund Budget for FY 2010- 2011(BSA) R &F 58- 13. No 61 Mar 16 D. Franczyk -State Audit of the City's Elevator Inspections( #27, 3/2) R &F 59- 14. Com 31 Jan 19 Single Audit Reporting Package(BERC) R &F 60- 15. Com 12 Feb 16 Audit Report -One Sunset and The BERC Loan Program(Compt) R &F 61- 16. No 64 Feb 16 M. LoCurto- Article -City of Rochester Reassessment(# 40,1/19) R &F COMMUNITY DEVELOPMENT 62- 17. Com 12 Nov 3 Report of Sale- Westerly Portion of 94 Glenwood(Mas)(Strat Plan) APP 63- 18. Com 14 Nov 3 Report of Sale -158 Wood lawn (Mas)(Strat Plan) APP 64- 19. No 45 Nov 3 J. Booth - Bicycle- Pedestrian Advisory Bd- Healthy City on the Great Lakes APP 65- 20. No 46 Nov 3 P. Cammarata - Public Notice - Brownfield Cleanup Prog -193 Ship Canal Pky_R &F 66- 21. No 66 Nov 3 Report of Sale 285 Loepere(Fill)(Strat Plan)( #14, 10/19) APP 67- 22. Com 27 Oct 19 Decisions Regarding Savarino v COB (2010- 3489)(CC) R &F 68- 23. No 46 Oct 19 M. Kearns -News Article Tale of Two Pities R &F 69- 24. No 44 June 22 K. Connor - Report- Fishing for Taxpayer Cash -Bass Pro R &F 70- 25. No 55 June 22 M. Kearns - Subsidies for Bass Pro R &F 71- 26. Com 63 Sept 7 Response to CCP #108, 7/20 - Bonuses to Employees R &F 72- 27. No 34 Mar 2 M. LoCurto- Decommission of BERC and Expand BURA R &F 73- 28. Res 71 Jan 5 Eliminating BERC As a Step Towards New Approach for Economic Development(except 1 st Res) R &F LEGISLATION 74- 29 .No 52 Nov 3 D. Sutton, Agent, Use 448 Elmwood- Tenant Build -Out For a Sit -In Restaurant(Nia)(Hrg 11/9) APP 75- 30. No 53 Nov 3 Ohl & O- Establish Alternate Pkg on S. Ogden Btwn Clinton & Griswold for Winter Months RECOMMIT 76- 31. Com 20 Nov 3 Request Ordinance Amendment Chapter 479 Traffic Ordinance(PW) APP 77- 32. Com 35 Nov 3 Restaurant Dance Class IV -3144 Main(Univ)(EDPI) RECOMMIT 78- 33. No 71 Nov 3 D. Land, Agent, Use 2616 Main - Convert Take -Out to a Sit -Down Bar /Restaurant (Del)(pub hrg 10/26)( #50, 10/19) APP 79- 34. No 52 Oct 19 Hope Gardens, Use 58 Oberlin for a HSF(Fill)(no pub hrg) R &F 80- 35. No 53 June 22 M. Kearns -J. Logan- Concerns Verizon ROS R &F 81- 36. No 76 May 11 G. Hill, Agent, Use 1346 Kensington For A Take Out Restaurant (pub hrg 5 /18)(Univ) R &F 82- 37. No 95 July 21 Create a COB Employment Protection Act(Except 1 sc & 3 rd Res) ( #129,9/16)( #100,5/26)( #72,6/9) R &F 83- 38. No 38 Mar 2 R. Taczkowski- Marine Drive Traffic and Pedestrian Study R &F 84- 39. No 34 Feb 3 Marine Drive Apts -Req Signs Posted for No Standing 11/1 to 4/1 R &F 85- 40. No 35 Feb 3 Marine Drive Apt -Req Speed Limit Change Marine Dr and Front of Navel Park R &F 86- 41. Res105 Sept 30 Council Manager Form of Gov't for COB ADOPT 2 "D & 3RD EDUCATION 87- 42. No 76 Sept 7 LP Ciminelli -Board Packet Documents July 2010 R &F 88- 43. No 77 Sept 7 LP Ciminelli -Board Packet Documents August 2010 R &F 89- 44. No 41 Sept 21 LP Ciminelli -Board Packet Documents September 2010 R &F 90- 45. No 60 May 11 LP Ciminelli -Bd Packet Documents May 2010 R &F WATERFRONT DEVELOPMENT 91- 46. No 69 Dec 8 Y. Hreshchyshyn- Comments Public Hearing -Canal Harbor( #50,11/24) R &F 92- 47. No 51 Feb 16 NYS Env Quality Review Act -Canal Side Project R &F 93- 48. No 42 Oct 27 M. Gallivan -Info Erie Canal Dev Corp & Req Info Re Legal Fees R &F 94- 49. No 57 June 23 M. Kearns -Erie Canal Motor Coach Drop Off /Pickup & Parking R &F 95- 50. Com 49 Mar 17 W /Front Village Advisory Council -Req City Update on Urban Renewal Plan R &F 96- 51. No 31 Jan 20 D. Franczyk -H & A Paris -Erie Canal Drama Theater R &F 97- 52. No 21 Jan 6 M. Kearns -R. Stark - Waterfront Hotel Plans R &F 98- 53. No 69 Sept 2 M. Kearns -J. Dailey - Slip - Holders Concerns Erie Basin Marina R &F 99- 54. No 40 Sept 18 L. Levy- Parking Issues Inner Harbor Development R &F CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO TUESDAY, NOVEMBER 16, 2010 AT 2:00 P.M. Present — David A. Franczyk, President of the Council, and Councilmembers: Fontana, Golombek Jr, Haynes Jr, Kearns, LoCurto, Rivera, Smith —8 Absent — Russell - 1 On a motion by Mr. Fontana, Seconded by Mr. Rivera, the minutes of the stated meeting held on November 3, 2010 were approved. FROM THE MAYOR NO 1 PERMISSION TO HANG BANNERS - BUFFALO WORLD JUNIOR HOCKEY CHAMPIONSHIP The City of Buffalo will host the Buffalo World Junior Hockey Championship on December 26, 2010 - January 5, 2011 at HSBC Arena. I hereby request permission to hang 22 banners (24" x 72 ") on Washington Street from Perry to Seneca Street; 2 banners 26" x 9'), 16 flags (2'x 3') and 2 across street banners (3'x 25' and 4'x 30') on Chippewa Street from Washington to Elmwood; 112 banners (26" x 9') on Main Street from Seneca to West Tupper and 2'x 3' flags on Delaware Avenue from Chippewa to Allen Street. The banners, flags and across street banners will be on display from November 25, 2010 through January 15, 2011. Mr. Fontana moved: That the communication from the Mayor, dated November 9, 2010, be received and filed; And That the Commissioner of the Department of Public Works, Parks and Streets be, and he hereby is authorized to hang 22 banners, as more fully described at locations as listed in the above communication, from November 25, 2010 through January 15, 2011 for the Buffalo World Junior Hockey Championship at HSBC Arena. PASSED AYES -9 NOES -0 FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE OFFICE OF CITIZEN SERVICES NO2 CIT SERV- SUBMISSION OF MONTHLY REPORT - OCTOBER 2010 The Office of Mayor, Division of Citizen Services, hereby submits, for your Honorable Body's review and approval, the monthly reports for the Mayor's Call and Resolution Center for the month of October 2010, as mandated by Section 6 -20(c) of the City of Buffalo's City Charter. This monthly statistical report details the number and nature of inquiries, requests and complaints received. RECEIVED AND FILED FROM THE CITY PLANNING BOARD NO3 PLAN BD -SEQR- NEGATIVE DECLARATION -310 JERSEY (NIA) SEQRA Notice of Determination Non Significance Negative Declaration This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (SEQR - State Environmental Quality Review) of the Environmental Conservation Law. Lead Agency: City of Buffalo Planning Board Room 901, City Hall 65 Niagara Square Buffalo New York 14202 As per the provisions of SEQR, the Lead Agency has reviewed the following action as it relates to the environment: Action Title: 310 Jersey Street Renovation Location: 310 Jersey Street Type of Action: Type I- Coordinated Description: TRM Architects on behalf of Albino Glass Company is proposing the rehabilitation and renovation of a former firehouse and later a contractor office and shop (Hogan Restoration) on the property located at 310 Jersey Street, Buffalo New York. The building did house the former Engine #2 of the Buffalo Fire Department. The firehouse was originally built in 1875 has had many modifications including new garage doors, windows and entry doors replaced. The new work will include both interior and exterior projects. The rehabilitation will replace the existing windows and doors, two new front entrances, a modification of a garage door opening into a store front, a complete replacement of the roof and the construction of a stair tower in the rear courtyard of the property. Site work will include new sidewalks, driveway, courtyard parking and new landscaping. The interior will receive work in all areas of the first, second and third floor. Four apartment units will be constructed on the second floor with two (2) two (2) story apartments, with their bedroom quarters on the third floor. The new stair tower in the rear courtyard will serve as a second means of egress to a new enclosed stair that will be built within the existing building. A retail space will be constructed in the existing ladder bay space. The garage will remain for use by the owner. The project will be privately funded in the amount of approximately 1,000,000 dollars. This project will also involve the use of tax credits and a formal submittal will be made to the New York State Office of Parks, Recreation and Historic preservation. The City of Buffalo Preservation Board has reviewed this project. City of Buffalo Zoning Board approval will be required. As a result of this Environmental Review, the Lead Agency has determined the undertaking of this action will not have a significant adverse affect on the quality of the environment. No further environmental review of this action will be conducted prior to project implementation and a Draft Environmental Impact Statement will not be prepared. Reasons Supporting This Determination: The facts and reasons for this decision are as follows: this project will preserve an unoccupied, deteriorating building that is important to the community as well as the City of Buffalo, The identified potential negative impacts appear to be primarily short -term site preparation and construction related activities, and do not appear to be significant in magnitude or effect. There are no actions, which will have a significant adverse impact on the environment. For further information relative to this Negative Declaration, contact Mr. Martin Grunzweig, Land Use Controls Coordinator, Room 901 City Hall, Buffalo New York 14202 - 716 851 -5085 RECEIVED AND FILED FROM THE OFFICE OF STRATEGIC PLANNING N04 MASSACHUSETTS AVENUE HOUSING DEVELOPMENT PLAN PILOT, 397, 398 AND 460 MASSACHUSETTS AVENUE Your Honorable Body is hereby requested to approve a PILOT agreement between the City of Buffalo, the County of Erie, and Massachusetts Avenue Housing Development Fund Corporation (Massachusetts). Massachusetts is an entity formed by People United for Sustainable Housing, Inc. ( "PUSH "). Massachusetts proposes to rehabilitate 11 units of affordable housing at 397, 398 and 460 Massachusetts Avenue. Of the eleven (11) units, four (4) will be one - bedroom apartments, four (4) two bedroom apartments, and three (3) three - bedroom apartments. The total cost of the project is $1,885,523. Funding sources include HOME federal funds of $400,000; Housing Trust Fund (HTF) in the amount of $1,347,313; Urban Initiatives in the amount of $100,000, and PUSH in the amount of $38,210. The amount of the PILOT payments was calculated based upon the City's PILOT policy that provides for payments in the amount of three percent (3 %) of the total income of proposed budget, assuming a five percent (5 %) vacancy. Payments will increase by three percent per year for the duration of the 15 -year Pilot. Mr. Fontana moved: That the communication from the Office of Strategic Planning, dated November 10, 2010, be received and filed; and That the Common Council is authorized to approve a PILOT agreement between the City, County of Erie, and Massachusetts Avenue Housing Development Fund Corporation to rehabilitate 11 units of affordable housing at 397, 398 and 460 Massachusetts Avenue, the material terms of which are attached to the above communication. PASSED AYES -9 NOES -0 N06 STRAT PLAN - PERMISSION TO DESIGNATE THE CITY OF BUFFALO AS A RECOVERY ZONE The American Recovery and Reinvestment Act of 2009 ( "ARRA ") authorizes several new types of bonds including "Recovery Zone Facility Bonds," which bonds were created to finance construction, renovation, or acquisition of depreciable property by a private taxpayer of a qualified business in a recovery zone. A "qualified business" is defined to include any trade or business other than residential rental property. Pursuant to the ARRA, the City of Buffalo (the "City ") received authority to issue, or cause to be issued, in a Recovery Zone, up to $7,151,000 of Recovery Zone Facility Bonds (the "Allocation "). The Recovery Zone Facility Bonds will not be a debt or obligation of the City. A Recovery Zone is, among other things, any area designated by the City as an area of significant poverty, unemployment, rate of home foreclosure, or general distress. The County of Erie previously designated all of Erie County a Recovery Zone for the allocation of Recovery Zone Facility Bonds issued in Erie County. The action by the County of Erie recognized that no community in Erie County is untouched by the national economic crisis facing this country as reflected by increases in the unemployment rate, the home foreclosure rate, and commercial and residential vacancy rates. The Office of Strategic Planning has determined that it is in the best interest of the City to recognize and the adopt the County's action by asking this Honorable Body the Mayor, for and in the name and on behalf of the City, to do all acts and things required of the City, or provided to designate the entire City of Buffalo a "Recovery Zone" for purposes of ARRA. The designation shall immediately authorize the Mayor, for and in the name and on behalf of the City, to do all acts and things required of the City, or provided for by the provisions of the ARRA with respect to the City in connection with the sue of the Allocation Mr. Fontana moved: That the above Communication from the Executive Director of the Office of Strategic Planning dated November 10, 2010 be received and filed and that the Common Council hereby: • Finds, declares and designates the City of Buffalo as a "Recovery Zone" or an area, that; among other things, has significant poverty, unemployment and home foreclosure rates and is further an area of general distress. • Finds, declares and designates the City of Buffalo as a "Recovery Zone" for purposes of the American Recovery and Reinvestment Act of 2009. • Through said designation, authorizes the Mayor, for an in the name of the City of Buffalo, to do all acts and things required of the City, or provided for by the provisions of the ARRA with respect to the City in connection with the use of the allocation. PASSED AYES -9 NOES -0 N06 PROGRAM AND PURSUE A TEMPORARY INCIDENCE OF OWNERSHIP FOR THE PURPOSE OF ASSESSING THE LEHIGH PERMISSION TO ENTER INTO THE NYSDEC ENVIRONMENTAL RESTORATION VALLEY RAILROAD PROPERTY Article 56 of the Environmental Conservation Law authorizes State assistance to municipalities for environmental restoration program projects (ERP). The Office of Strategic Planning (OSP) believes it to be in the public interest and benefit under this law to enter into a contract with the State for the Lehigh Valley property, located at 110 Fuhrmann Boulevard (see attached map). After thorough consideration of the various aspects of the problem and study of available data, OSP has determined that certain environmental assessment work is desirable and in the public interest. The property is currently in tax foreclosure. Once the application has been accepted into the NYSDEC ERP the City will pursue a temporary incidence of ownership to gain access to the Lehigh Valley property for the purposes of conducting an environmental assessment prior to potentially assuming title to the property. Funding for the assessment activities will be sought through the U.S. EPA TRIAD program or the NYSDOS BOA program. The assessment information will permit prospective bidders at auction to be fully aware of any environmental liabilities associated with the property. We request this Honorable body authorize the Mayor to act on behalf of the City in all matters related to State assistance under ECL Article 56, Title 5 for the Lehigh Valley property. Furthermore, we request authorization for the Executive Director of the OSP to make application, execute the State Assistance Contract, submit Project documentation, and otherwise act for the City in all matters related to the Project and to State Assistance. Mr. Fontana moved: That the communication from the Office of Strategic Planning, dated November 10, 2010, be received and filed; and That the Mayor be, and he hereby is authorized to act on behalf of the City in all matters related to State assistance under ECL Article 56, Title 5 for the Lehigh Valley property located at 110 Fuhrmann Boulevard. That the Executive Director of Strategic Planning be, and he hereby is authorized to make application, execute the State Assistance Contract, submit Project documentation, and otherwise act for the City in all matters related to the Project and to State Assistance. PASSED AYES -9 NOES -0 N07 REPORT OF SALE 488 HICKORY 369'N SYCAMORE LOT SIZE: 30'X 114' ASSESSED VALUATION: $1,600.00 (ELLICOTT DISTRICT) The Office of Strategic Planning, Division of Real Estate has received a request from Ms. Dalphne Coleman, 2489 Cayuga Street, Niagara Falls, New York 14304 to purchase 488 Hickory Street. Ms. Coleman owns a two family house at 484 Hickory, which is adjacent to 488 Hickory. She intends to use the vacant lot for additional green space for her tenants. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. The Division of Real Estate has investigated the sale of similar lots in the subject area. Sales range from Fifty Cents ($.50) to Seventy Five Cents ($75), per square foot. Ms. Coleman has agreed and is prepared to pay Two Thousand Five Hundred Dollars ($2,500.00), 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 488 Hickory to Ms. Dalphne Coleman in the amount of Two Thousand Five Hundred Dollars ($2,500.00). 1 am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. Mr. Fontana moved: That the above communication from the Office of Strategic Planning dated November 4, 2010, be received and filed; and That the offer from Ms. Dalphne Coleman, residing at 2489 Cayuga Street, Niagara Falls, NY 14304, in the sum of Two Thousand and Five Hundred Dollars ($2,500.00) for the purchase of 488 Hickory, 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 N08 REPORT OF SALE 225 LOEPERE 246.08'N SYCAMORE LOT SIZE: 30'X 108' ASSESSED VALUATION: $1,600.00 (FILLMORE DISTRICT) The Office of Strategic Planning, Division of Real Estate has received a request from Mrs. Shakera A. Choudhury, 207 Loepere Street, Buffalo, New York 14211 to purchase 225 Loepere. Mrs. Choudhury owns a two family house at 223 Loepere, which is adjacent to 225 Loepere. She intends to use the vacant lot for additional green space. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. The Division of Real Estate has investigated the sale of similar lots in the subject area. Sales range from Forty Cents ($.40) to Fifty Five Cents ($.55), per square foot. Mrs. Choudhury has agreed and is prepared to pay One Thousand Five Hundred Dollars ($1,500.00), Forty Five Cents ($.45) 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 225 Loepere to Mrs. Shakera Choudhury in the amount of One Thousand Five Hundred Dollars ($1,500.00). 1 am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. Mr. Fontana moved: That the above communication from the Office of Strategic Planning dated November 4, 2010, be received and filed; and That the offer from Mrs. Shakera A. Choudhury, residing at 207 Loepere Street, in the sum of One Thousand and Five Hundred Dollars ($1,500.00) for the purchase of 225 Loepere, 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 N09 REPORT OF SALE -397 & 398 MASSACHUSETTS (NIA) Report of Sale 397 Massachusetts, W Cor. Brayton Lot Size: 41'x 105' Assessed Valuation: Land $5,700.00 Total $15,000.00 398 Massachusetts, 30.30' SW Winter Lot Size: 30'x 105' Assessed Valuation: $4,500.00 Total $20,000.00 (Niagara District) PRIOR REFERENCE: C.C.P. Item # 5, October 14, 2008 In the above captioned item Your Honorable Body approved PUSH Buffalo on behalf of the Massachusetts Avenue Housing Development Fund Corporation, 271 Grant Street, Buffalo New York 14213 as the designated developer for properties located at 397 and 398 Massachusetts. The property located at 397 Massachusetts is a two family house with 5,098 square feet living area. The property located at 398 Massachusetts is a two family house with 2,160 square feet living area. Both structures are in fair to poor condition. Massachusetts Avenue Housing Development Fund Corporation has received funding from the Department of Housing and Community Renewal to renovate the houses. The Corporation intends to acquire, renovate both structures and rent to low income families. Total project costs are estimated at Three Hundred Sixty Thousand Dollars, ($360,000.00). The Division 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. Mr. Stephen Maraszek, Real Estate Appraiser for GAR Associates, Inc. was commissioned by the purchaser to estimate the Fair Market Value of these properties. He has estimated the Fair Market Value of 397 Massachusetts to be Five Thousand Five Hundred Dollars ($5,500.00) and Two Thousand Five Hundred Dollars ($2,500.00) for 398 Massachusetts. The City of Buffalo Appraisal Review Board has reviewed the appraisal reports and concurs with the appraiser's estimates of value. The Corporation has agreed and is prepared to pay Five Thousand Five Hundred Dollars ($5,500.00) for 397 Massachusetts and Two Thousand Five Hundred Dollars ($2,500.00) for 398 Massachusetts. The transfer tax and recording fees will be paid by the Corporation. I am recommending that Your Honorable Body approve the sale of 397 Massachusetts in the amount of Five Thousand Five Hundred Dollars, ($5,500.00) and the sale of 398 Massachusetts in the amount of Two Thousand Five Hundred Dollars, ($2,500.00) to Massachusetts Avenue Housing Development Fund Corporation upon the above terms and conditions. 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. Mr. Fontana moved: That the Common Council hereby approves the sale of 397 Massachusetts in the amount of $5,500.00 and the sale of 398 Massachusetts in the amount of $2,500.00 to Massachusetts Avenue Housing Development Fund Corporation upon the above terms and conditions and 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. PASSED AYES -9 NOES -0 NO 10 REPORT OF SALE 777 SENECA E COR. HYDRAULIC LOT SIZE: 30'X 168.93' TRIANGLE ASSESSED VALUATION: $500.00 (FILLMORE DISTRICT) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Howard Zemsky, President of 598 Main Street, LLC, 726 Exchange Street, Buffalo, New York 14210 to purchase 777 Seneca Street. 598 Main Street, LLC intends to acquire this property, use as green space and parking in connection with the construction of an office building on the adjoining parcel at 799 Seneca Street. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services, Division of Collections, Department of Public Works and the Buffalo Sewer Authority have been contacted and there are no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. 598 Main Street, LLC has commissioned Mr. Robert Rubino, appraiser of GAR Associates, Inc., to estimate the Fair Market Value of the subject property. He has estimated the Fair Market Value of 777 Seneca to be One Thousand Nine Hundred Dollars ($1,900.00). The City of Buffalo Appraisal Review Board has reviewed the appraisal report and concurs with the appraiser's estimate of value. 598 Main Street, LLC has agreed and is prepared to pay One Thousand Nine Hundred Dollars ($1,900.00) for the subject property. They have also agreed to pay for the cost of the transfer tax, recording fees and real estate appraisal. The purchaser will provide a permanent easement in favor of the City of Buffalo Sewer Authority for the existing sewer that encroaches 777 Seneca at the southwest corner of Seneca and Hydraulic Street. I am recommending that Your Honorable Body approve the sale of 777 Seneca Street to 598 Main Street, LLC in the amount of One Thousand Nine Hundred Dollars ($1,900.00) upon the above terms and conditions. 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. Mr. Fontana moved: That the above communication from the Office of Strategic Planning dated November 9, 2010, be received and filed; and That the offer from Mr. Howard Zemsky, President of 598 Main Street, LLC, located at 726 Exchange Street, in the sum of One Thousand and Nine Hundred Dollars ($1,900.00) for the purchase of 777 Seneca, 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 11 RESCIND SALE & FORFEIT DEPOSIT 66 & 68 LESTER STREET NIAGARA CERAMICS CORPORATION (LOVEJOY DISTRICT) PRIOR COUNCIL REFERENCE: Item #16, C.C.P. 1/10/06 In the above referenced item Your Honorable Body approved the sale of 66 and 68 Lester to Niagara Ceramics Corporation, 75 Hayes Place, Buffalo, New York 14210. Several notices have been mailed to Mr. Guy Agostinelli, Attorney at Law for Niagara Ceramics Corporation to finalize the sale and close on the transfer of title. Final notice was sent on September 26, 2008 advising that failure to respond would result in the rescinding of the sale, forfeiture of the Seven Hundred Seventy Dollars ($770.00) deposit and return of the property to our inventory for future sale. Therefore, I am recommending that Your Honorable Body approve rescinding the sale of 66 and 68 Lester to Niagara Ceramics Corporation, the deposit be forfeited and the property be returned to our inventory for future sale. Mr. Fontana moved: That the communication from the Department of Strategic Planning, dated November 8,2010, be received and filed; and That the Executive Director of Strategic Planning be, and he hereby is authorized to rescind the sales of 66 and 68 Lester Street, and the bidder Niagara Ceramics Corporation forfeits their deposit in the amount of Seven Hundred and Seventy Dollars ($770.00) and to return the property to inventory for future sale. PASSED AYES -9 NOES -0 FROM THE COMPTROLLER NO 12 CELL BLOCK AGREEMENT WITH ERIE COUNTY In June of this year, upon calls from both the County Attorney and the City Law Department, my office invoked its right to audit the finances of the Erie County Holding Center pursuant to Section 6(B) of the Agreement dated July 1, 2003; transferring the detention of pre- arraigned arrestees from the City of Buffalo to the County of Erie. After inspecting various records and meeting with County personnel, we have compiled the attached report, which examines the purported costs of operating the Holding Center. The primary purpose of this examination was to determine the appropriate sum that should be paid to the County based on the Agreement. We found that some of the County's operational costs related to their status as a jail rather than a lock -up did increase, however, those increases cannot, in large measure, be attributable to the City of Buffalo cellblock agreement. The County requirements under the law for the operation of a jail represent "the cost of doing business" and should not be made the responsibility of the City of Buffalo in the absence of a negotiated agreement. The Report concludes that an Adjustment of 17 -18% is a fair settlement of this issue. With this in mind, it would be in the best interests of the City and the County to seek out a long -term solution that meets the satisfaction of both parties to address future operational needs. If you have any further questions on this matter, please feel free to contact the Department of Audit and Control. REFERRED TO THE COMMITTEE ON FINANCE FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO 13 CHANGE IN CONTRACT CITY COURT 2007 RENOVATION JOB #0704 ELLICOTT DISTRICT I hereby submit to Your Honorable Body the following change for City Court, 2007 Renovation, Barton, Hovey, Nardini & Tries, Consulting Contract, C #92011240. 1. Credit for inspector. Deduct $ 18,320.00 The foregoing change results in a net decrease in the contract of Eighteen Thousand Three Hundred Twenty and 00/100 Dollars (- $18,320.00). Summary: Original Contract Amount $ 45,100.00 Amount of Previous Change Order Add $ 55,135.00 Amount of This Change Order ( #2) Deduct $ 18,320.00 Revised Contract Amount $ 81,915.00 Costs have been reviewed by the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are to be credited to 39320806 445100 - Buildings. Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated November 8, 2010, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue change order No: 2, to Barton, Hovey, Nardini & Tries, a decrease in the amount of $18,320.00, as more fully described in the above communication, for work relating to City Court, 2007 Renovation, Job No. #0704, Consulting Contract, C #92011240. Funds for this project are to be credited to 39320806 445100 - Buildings. PASSED AYES -9 NOES -0 NO. 14 PERMISSION TO MODIFY AGREEMENT W /NYSDOT PROVIDE MATCHING FUNDS FOR THE SOUTH PARK AVENUE LIFT BRIDGE PROJECT, PIN #6766.72 PRIOR COUNCIL REFERENCE: NO. 37 OF C.C.P. 12/26/02 The City of Buffalo entered into an agreement with the New York State Department of Transportation to reconstruct the South Park Avenue Lift Bridge per the aforementioned resolution. The initial agreement for this project was for $8.023 million dollars. During construction, change orders were authorized to the project thereby increasing the total cost of the project to $9,747,021.00. 1 am hereby requesting Your Honorable Body's permission to enter a supplemental agreement with the New York State Department of Transportation for $9,747,021.00, the final project cost. This supplemental agreement is necessary so that the City can obtain its federal and state reimbursement, which totals $1,638,086.55, for the additional project costs. Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated October 28, 2010 be received and filed; and That the Commissioner of Public Works, Parks & Streets be, and he hereby is authorized to enter into a supplemental agreement with the New York State Department of Transportation for $9,747,021.00 for the South Park Avenue L— Bridge Project, PIN #5755.72 for which the City will be reimbursed an additional $1,638,086.55 in state and federal funds. PASSED AYES -9 NOES -0 NO. 16 REPORT OF BIDS MAIN PLACE MALL PARKING RAMP FRANKLIN STREET ACCESS TUNNEL- 2010, RE -BID GROUP #721 -A UNIT PRICE INCREASE In obtaining these bids for the above mentioned project, I have asked for unit price covering the various items of work and material which will be performed. The final cost of the work will be based on the actual measured quantities of materials entering into the work and may be either more or less than the total bid. The following bids were received: Base Bid Unit Price Increase C. Nichtor Construction $83,200.07' Corrected tabulation 30 Wildwood Drive, Lancaster NY 14086 (Rescinded Bid - 10/07/10) North America Construction Co., Inc. $192,710.00 $211,981.00 1417 Alleghany Road, Attica, NY 14011 -9550 Trason Development Corporation $196,625.00 $216,287.50 Pinto Construction Services $249,995.00 $274,994.50 1 Babcock Street, Buffalo, NY 14210 L.P. Ciminelli Construction Corporation $268,966.00 $295,862.50 369 Franklin Street, Buffalo, NY 14202 -1725 'Adjusted Amount I hereby certify that the low bidder for the above project is North America Construction Co., Inc.. I respectfully recommend that your Honorable Body authorize a contract award in the amount of $211,981.00 ($192,710.00 + $19,271.00 unit price increase = $211,981.00 ). Funds for this work will be available in an account(s) to be named at a later dated from Parking. The engineer's estimate for this work is $207,560.00. The attached is certified to be a true and correct statement of the bid received. Under provisions of the General Municipal Law, any of the bidders may withdraw his bid if an award of the contract is not made by November 21 st, 2010. Individual bid submissions are available in our office for inspection and copies are available upon request. Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated November 9, 2010, be received and fled; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to award a contract for the Main Place Mall Parking Ramp, Franklin Street Access Tunnel - 2010, Re -bid, to North America Construction Co., Inc., the lowest responsible bidder, in the amount of $211,981.00 ($192,710.00 + $19,271.00 unit price increase = $211,981.00). Funds for the project are available in an account(s) to be named at a later date from Parking. PASSED AYES -9 NOES -0 NO. 16 REPORT OF BIDS REPAIR OF STREETLIGHT FOUNDATIONS AND KNOCKDOWNS CITYWIDE IX GROUP #730 This is to advise Your Honorable Body that I have advertised and received bids on October 20, 2010 The following bids were received: Contractor Base Bid Total Bid Price South Buffalo Electric, Inc. $236,860.00" $248,703.00 1250 Broadway St. Buffalo, NY 14212 O'Connell Electric $462,235.00 $485,346.75 830 Phillips Rd. Victor, NY 14564 1 hereby certify that the lowest responsible bidder for the above project is South Buffalo Electric, Inc. and I respectfully recommend that Your Honorable Body authorize a contract award to South Buffalo Electric, Inc. in the amount of $248,703.00. (Base Bid of $236,860.00 + [5% unit price increases] $11,843.00 equals [Total Award] $248,703.00). Funds for this project are available in accounts #13116006- 443100. The engineer's estimate for this work is $300,000.00. "Corrected Base Bid Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated November 8 2010, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to award a contract for Repair of Streetlight Foundations and Knockdowns Citywide IX, Group #730, to South Buffalo Electric, Inc., the lowest responsible bidder, in the amount of $248,703.00 (Base Bid $236,860.00 + [5% unit price increases] $11,843.00 equals [Total Award] $248,703.00). Funds for the project are available in account #13116006- 443100. PASSED AYES -9 NOES -0 NO 17 CERTIFICATE OF APPOINTMENT Appointment effective 11/4/2010 in the Department of Public Works, Parks and Streets to the position of Machine Operator, permanent at the 3 rd step of $33,452.00 Steven Rusinek, 431 Huntington Ave, Apt 4 Buffalo, NY 14214 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 18 CERTIFICATE OF APPOINTMENT Appointment effective 11/1/2010 in the department of Public Works, Division of Parks, to the position of Park Utility Worker, Provisional appointment at the third step of $25,100.00 Gregory Leonard, 149 Cushing Place, Buffalo, NY 14220 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF POLICE NO. 19 REQUEST TRANSFER OF CITY OWNED PROPERTY The Buffalo Police Department is requesting approval from your Honorable Body to transfer Departmental property, namely K -9 dog "Caro" to his handler Police Officer Michelle Chmura. Due to the K -9's age and health, it has been determined that the dog is no longer able to fulfill the requirements of a Buffalo Police K -9 Corp dog. The K -9 is presently assigned to Officer Chmura, is presently in her custody, and has been assigned to her since 2004. Per the attached document, Officer Chmura will maintain full responsibility for Garo. Mr. Fontana moved: That the above communication from the Commissioner of Police dated October 27, 2010, be received and filed; and That the Common Council approve the transfer of namely K -9 dog "Caro" to his handler Police Officer Micheile Cb.mura, who will maintain full responsibility for "Caro ". PASSED AYES -9 NOES -0 FROM THE COMMISSIONER OF FIRE NO. 20 BREATHING AIR SUPPLY VEHICLE Please be advised that the above - referenced vehicle is needed to ensure our ability to respond to multiple emergencies within our community. We currently have only one breathing air supply unit which greatly compromises our ability to supply breathing air to our members during simultaneous emergencies. It should further be noted that this vehicle will allow us to have redundancy in the event of an accident, mechanical failure or required maintenance of one of the vehicles- This vehicle is being assembled at a savings of $100,000.00 as we are only purchasing the cab /chassis /box new. The entire breathing air supply system that will be housed in this vehicle was cannibalized from a previous vehicle and will be installed upon delivery. Lastly, this vehicle will replace #F -156, a 1994 Chevy breathing air truck. Mr. Fontana moved: That the above communication from the Commissioner of Fire dated October 28, 2010, be received and filed; and That the Commissioner of Fire and the Director of Purchase be, and they hereby are authorized to purchase a cab /chassis /box new to be added to a breathing air truck and replacing vehicle # F -156, a 1994 Chevy breathing air truck PASSED AYES -9 NOES -0 FROM THE CORPORATION COUNSEL NO. 21 AGREEMENT WITH KLEINHAN'S MUSIC HALL MANAGEMENT, INC. Attached please find a proposed exercise of the City's option with Kleinhans Music Hall Management, Inc. to continue management of Kleinhans Music Hall for the period of July 1, 2010 through July 1,2011. The conditions of the agreement between the City of Buffalo and Kleinhans Music Hall Management, Inc. entered September 1, 2009, shall continue as authorized therein. Thank you for your prompt attention to this matter. I V A 9AV :» III tell r.I:9K0ldildiIIaIAXi1►191► /- FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT & INSPECTION SERVICES NO. 22 FOOD STORE (NEW) 901 NIAGARA (NIAGARA) Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 901 Niagara (ALHANNAH FOOD /BADR ALQATANI) 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 Communication dated November 10, 2010 be received and filed and that the Commissioner of Permits and Inspections is hereby authorized to issue a Food Store License to Badr Alqatani d /b /a Alhannah Food located at 901 Niagara Street PASSED AYES -9 NOES -0 FROM THE COMMISSIONER OF PARKING NO. 23 CERTIFICATE OF APPOINTMENT Appointment effective November 1, 2010 in the Department of Parking, Division of Parking Enforcement to the position of Laborer 11, Permanent, Non Competitive at the intermediate Salary of $25,604.00 Robert Nespal, 720 Tonawanda St, Buffalo, NY 14207 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE CITY CLERK NO. 24 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 1854 Hertel Ave Checkers ML Haley Inc RECEIVED AND FILED NO. 26 REPORTS OF ATTENDANCE I transmit herewith communications received by me, from the various boards, commissions, agencies and authorities reporting the membership attendance at their respective meetings: Buffalo Sewer Authority RECEIVED AND FILED. NO. 26 NOTICES OF APPOINTMENTS - SEASONAL /FLAT I transmit herewith certificates received by me, reporting seasonal and fiat salary appointments made in various departments. RECEIVED AND FILED. CERTIFICATE OF APPOINTMENT Appointments effective 11/1/2010 in the Department of Public Works, Division of Streets to the position of Laborer 11, Seasonal at the flat rate of $11.87/hr Michael Cirino, 654 Amherst St, Buffalo, NY 14207 Terry Bailey, 236 Lemon St, Buffalo, NY 14204 CERTIFICATE OF APPOINTMENT Appointments effective 11/1/2010 in the Department of Public Works, Division of Parks to the position of Lifeguard, Seasonal at the flat rate of $11.87 /hr Marcia Maracle, 283 Crestwood Avenue, Buffalo, NY 14216 NO. 27 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 November 1, 2010 in the Department of Public Works, Division of Streets to the Position of Truck Driver, Permanent, Appointment at the minimum salary of $22,468 Jeffrey Dunbar, 155 O'Connell Avenue, Buffalo, NY 14204 Henry Bogan, 174 Butler St, Buffalo, NY 14208 Gregory Wachowiak, PO Box 1921, Buffalo, NY 14240 Moses Hyman Jr, 18 Blake St, Buffalo, NY 14211 Richard Gallagher, 66 Cambria St, Buffalo, NY 14206 CERTIFICATE OF APPOINTMENT Appointment effective November 8, 2010 in the Department of Public Works, Division of Parks to the Position of Laborer 11, Permanent, Appointment at the minimum salary of $22,070 Guy Jaeckle, 83 Fuller St, Buffalo, NY 14207 CERTIFICATE OF APPOINTMENT Appointment effective November 1, 2010 in the Department of Parking, Division of Buildings to the Position of Senior First Class Stationary Engineer, Temporary at the Flat Salary of $15.00 /hr Richard Veroba, 24 Lester St, Buffalo, NY 14210 CERTIFICATE OF APPOINTMENT Appointment effective November 2, 2010 in the Department of Parking, Division of Buildings to the Position of Senior First Class Stationary Engineer, Temporary at the Flat Salary of $15.00 /hr Mark H. Overfield, 320 Fenton St, Buffalo, NY 14206 CERTIFICATE OF APPOINTMENT Appointment effective November 3, 2010 in the Department of Parking, Division of Buildings to the Position of Senior First Class Stationary Engineer, Temporary at the Flat Salary of $15.00 /hr Edward D. Standish III, 444 N. Landon Drive, Buffalo, NY 14210 Mark Blake, 158 Dundee St, Buffalo, NY 14220 CERTIFICATE OF APPOINTMENT Appointment effective November 4, 2010 in the Department of Parking, Division of Buildings to the Position of Senior First Class Stationary Engineer, Temporary at the Flat Salary of $15.00 /hr Michael J. Shieber, 168 Dundee Street, Buffalo, NY 14220 CERTIFICATE OF APPOINTMENT Appointment effective November 5, 2010 in the Department of Parking, Division of Buildings to the Position of Senior First Class Stationary Engineer, Temporary at the Flat Salary of $15.00 /hr Timothy D. Tevany, 19 Mumford St, Buffalo, NY 14220 CERTIFICATE OF APPOINTMENT Appointment effective November 5, 2010 in the Department of Parking, Division of Buildings to the Position of Senior First Class Stationary Engineer, Temporary at the Flat Salary of $15.00 /hr Michael Whelan, 162 Marimont Avenue, Buffalo, NY 14220 Matthew J. Quinn, 42 Stevenson Street, Buffalo, NY 14220 CERTIFICATE OF APPOINTMENT Appointment effective November 6, 2010 in the Department of Parking, Division of Buildings to the Position of Senior First Class Stationary Engineer, Temporary at the Flat Salary of $15.00 /hr Cherie M. Claudia, 2219 Bailey Ave, Buffalo, NY 14211 CERTIFICATE OF APPOINTMENT Appointment effective November 9, 2010 in the Department of Parking, Division of Buildings to the Position of Senior First Class Stationary Engineer, Temporary at the Flat Salary of $15.00 /hr Andrew Krawchuk, 427 Forest Avenue, Buffalo, NY 14213 NON - OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON - OFFICIAL COMMUNICATIONS NO. 28 MEMORANDUM LP CIMINELLI -BOARD PACKET DOCUMENTS NOVEMBER 2010 Program Packaging and Development Services (PPDS) Provider November 2, 2010 Board Packet Documents Attached are the following documents from the Joint Schools Construction Board meeting scheduled on November 1, 2010: 1. Draft Agenda 2.Meeting Minutes from JSCB Meeting dated October 4, 2010 3.Fully Executed Phase III Application and Certificate for Payment No. 42 - September 2010 4.Fully Executed Phase IV Application and Certificate for Payment No. 27 - September 2010 5.Phase III Application and Certificate for Payment No. 43 - October 2010 6.Phase IV Application and Certificate for Payment No. 28 - October 2010 7.Phase V Application and Certificate for Payment No. 11 - October 2010 8.Program Packaging and Development Service, s (PPDS) Provider Update 9. Bevlar & Associates Inc. Construction Contract Monitoring and Compliance Services Monthly Report for Addendum i Phase IV Project - September 2010 10. Inclusion Development Associates, Inc, Construction Contract Compliance Monitoring Monthly Report for Phase IV- September 2010 Available for review in The City Clerk's Office RECEIVED AND FILED NO. 29 M. KEARNS - WATERFRONT COMMUNITY DEVELOPMENT AGREEMENT Dear Chief Morganti Based upon a suggestion made by John Sek of St. Catherines, Ontario, the Black Rock/Riverside Good Neighbors Planning Alliance (BR /R GNPA) Historic Preservation committee held a meeting on July 15, 2010 to further discuss the idea of commemorative bonfires to be mounted on both sides of the Niagara River during the period leading up to the start of the 200 anniversary of the War of 1812 in Black Rock. This would symbolically mark the American burnings of Newark and Fort Erie in Canada and the subsequent British retaliation via their burnings of Black Rock and Buffalo in America. The burnings took place on both sides of the Niagara River during December, 1813. We propose to stage our events in the Decembers from 2010 to 2013 to encourage participant enthusiasm by timing our events close to the actual anniversary dates The sites on the Canadian side will be explored by John Sek through his knowledge of what public and private lands may be available opposite the American sites for maximum contrast, while on the American side Riverside Park, Squaw Island and Broderick Park may be used, with the last located on the midsection of Bird Island, within easy viewing of the opposite bonfire on the Canadian side. Many groups on both sides stand ready to provide the expertise on how to construct and contain a medium size bonfire, in our case defined as no more than one level or five feet high. These include service agencies, veterans associations, and the public affairs officers who organize and promote college football homecoming celebrations. The bonfire mechanism was chosen because of its tie -in to the burning of villages during the war; it is a relatively inexpensive task using dried wood, matches and an accelerant as the main less expensive ingredients; it can serve to publicize and connect to other nearby community events and its attention getting qualities may draw people into other cross border fundraisers or festivals and the price of admission would be a contribution toward these more affordable bonfire ingredients. The bonfires would be mounted on excavated concrete or mud pits about five feet by five feet square containing a fuel with accelerant, about one foot deep to confine and define the flames, using a cover of portable flat steel plates %" in thickness with slotted grooves to support the first layer of firewood upon which the rest of the bonfire will be built. This will also protect lawn or field areas, although in winter the grasses would be wet or snow covered. Bonfires are an attraction in any kind of weather. People can keep warm near them on the cold days we plan on using them. Suggestions have been made to use propane heaters, search lights or laser lights. but these may be better situated as promotional attractions preceding the bonfires, rather than as the main attraction, substituting for the bonfires, as the fire manifestation should be kept as naturalistic as the original, as the source of the property destruction. The first year we would keep the number of bonfires limited, as we at that time only want a low key demonstration project— to obtain a sense of the planning and logistics involved, requiring no immediate outlay of money. As a trial run, we will get the learning experience to gage the project's community worthiness and develop the confidence needed to more successfully hold such an event when a more professional process will result. The number of initial attendees should be kept low allowing a more informal teachable moment. At this time we may use volunteers and have fire control agencies on standby, while developing practical, in -kind skills in fire creation and retardance. Soon enough subsequent reenactments will have to recognize the problems inherent when any event becomes too popular, and receives media attention, encouraging widespread message advertising. These problems would take the form of crowd control, the need for a widespread publicity continuum, provisions for parking, having emergency medical personnel on standby, liability insurance coverage, sanitary stations, refreshments under tents, providing speakers for explanatory lectures, costumed docents leading tours among the sites, gift shop sales of complementing goods and establishing security bases involving traffic control and providing directions to the attending local residents and tourists. Laser shows or simulated cannon firings may precede, accompany or follow the bonfires to remind participants artillery positions existed on both combatant sides of the Niagara River, providing both defense and offence to the burning of the villages. Those service groups desiring to be involved would be asked to submit a package deal plan outlining what they are prepared to provide and how they would handle the public interest response and resultant needs. Having outlined our plans for holding War of 1812 commemorative bonfires, the Historic Preservation committee has requested the War of 1812 Binational Legacy Council study our proposal and with their approval consider our request for $5,000. In seed money to fund this enterprise and allow us to integrate these plans in cooperation with public and private entities whose permission will be needed through permits and letters of support, in order to successfully and legally move forward. With this thought in mind, the Historic preservation committee requests the cooperation of the Buffalo Fire Department, Fire Prevention and Safety unit in advising us of the best ways to plan, locate and execute these commemorative bonfire symbols of the War of 1812. We are prepared to adhere to whatever rules your department tells us will be necessary to safely hold this dramatic representation of the historic —own burnings and in compliance with these regulations, ask your department's permission to implement these bonfire plans as outlined above, in accordance with whatever subsequent permits are to be appropriately issued. We express our appreciation for your consideration of our proposal. Please so advise if you need any further information or exhibits from us. Attachment: Map of the three bonfire sites on the American side within the City of Buffalo. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF FIRE NO. 30 M. KEARNS -M. KLESS- PROCEDURES ON CIVIL SERVICE EXAMS I would like to file the attached information for the next Common Council meeting to be held on November 16, 2010. Available for review in the City Clerk's Office REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 31 STREET SIGN CHANGES Dear Mr. Chwalinski: New guidelines for street signs and pavement markings are being mandated by the Federal Highway Administration and the US Department of Transportation. By 2018, the lettering and materials used for street name signs must be changed. The Common Council flied a resolution calling for sharing of municipal services on May 13, 2008. The City of Buffalo has a sign making shop that is capable of producing street signage. The city can fabricate and sell signage to smaller towns and villages that presently outsource their sign making to companies outside of Western New York. The Council is awaiting a response from the Department of Public Works Parks and Streets detailing pricing of this work. Please file the attached item for further consideration at the next Common Council session to be held November 16, 2010. Your assistance is greatly appreciated. Sincerely, Michael P. Kearns South District Councilmember REFERRED TO THE COMMITTEE ON LEGISLATION. NO. 32 M. KEARNS- TEARING DOWN SKYWAY I would like to file the attached information for the next Common Council meeting to be held on November 16, 2010. Thank you. REFERRED TO THE SPECIAL COMMITTEE ON WATERFRONT DEEVELOPMENT NO. 33 M- KEARNS- WATERFRONT COMMUNITY DEVELOPMENT AGREEMENT I would like to file the attached information for the next Common Council meeting to be held on November 16,2010. October 14, 2010 Dear Seneca Street Business Owner: Re: Waterfront Community Development Agreement I am writing this letter to inform you of the Waterfront Community Development Agreement. As you likely have read or seen in the media, Erie Canal Harbor Development Corporation ( "ECHDC ") wants to purchase land from the City of Buffalo for the continuing development of Buffalo's waterfront with the Canal Side Master plan. In exchange for the land, I negotiated with ECHDC to deposit $1,000,000 into a Waterfront Neighborhood Economic Development and Preservation Fund for your neighborhood business district and in total $10 million citywide. The purpose of the Waterfront Neighborhood Economic Development and Preservation Fund is to enhance your business district. Money in the fund can be used for the following purposes: • Business loans and grants; • Signage and storefront improvements; • Security enhancements; • Parking improvements; • Streetscape upgrades (e.g., lighting, planters, street furniture, trash receptacles); • Historic preservation activities; Installation and rehabilitation of public art My intention is that your business district will set the priorities for the expenditure of this money. To ensure that your voice is heard, I will call a public meeting so that the Board that is overseeing the expenditure of this money will hear your voice. At this time, however, the $1,000,000 for your business district is only a possibility and not a reality. The Common Council has yet to vote on this proposal. If you feel that this initiative will benefit your community, I encourage you to contact your councilmember and share your view on this extraordinary opportunity for your business district. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO 34 M. LOCURTO -THREE PHASE PLAN FOR REVITALIZATION OF STATLER PROPERTY Dear Mr. Chwalinski: Please file the attached item for further discussion at the next Common Council session to be held November 16 2010. Thank you in advance for your assistance in this matter. Sincerely, Michael J. LoCurto Delaware District Councilmember Copy available for review in the City Clerk's Office REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO 35 J. PAJAK -INFO REQ. BY COMMON COUNCIL MEMBERS - CAPITAL IMPROVEMENT PROGRAM WORKSHOP Dear Mr. Chwalinski: Please file the attached information submitted to our staff by email by the Department of Public Works, in response to questions raised by Common Council members at the CIP Workshop referenced above. Thank you for your assistance in this matter. Sincerely, JAMES S. PAJAK Common Council Chief of Staff Copy available for review in the City Clerk's Office REFERRED TO THE SPECIAL COMMITTEE ON BUDGET NO 36 J. PAJAK -D. FRANCZYK -STATE AUDIT OF THE CITY'S ELEVATOR INSPECTIONS RE: CCP #27 Mar 2, 2010 Dear Mr. Chwalinski: Please file the attached report prepared by the New York State Comptroller's office regarding the Audit of the City of Buffalo's Elevator Inspections Thank you for your assistance in this matter. Copy available for review in the City Clerk's Office RECEIVED AND FILED NO 37 S. SMITH - HYDRAULIC FRACTURING Hydraulic fracturing (a.k.a hydro - (racking, or (racking) is a method of natural gas extraction that results in the creation of fractures within rocks that aids in the extraction process. It is done by injecting a combination of water, chemicals, and proppant (something that keeps the fractures open, or "propped "... usually sand) to create and maintain fractures within the rock to facilitate in the withdrawal process. Hydraulic fracturing is currently federally unregulated by the Clear Air Act, Safe Drinking Water Act, Clean Water Act, and CERCLA (Superfund) as a result of the passage of the Energy Policy Act of 2005. An excerpt from the Energy Policy Act of 2005: "SEC. 322. HYDRAULIC FRACTURING. Paragraph (1) of section 1421(d) of the Safe Drinking Water Act (42 U.S.C. 300h(d)) is amended to read as follows: (1 ) UNDERGROUND INJECTION. - -The term 'underground injection'-- - '(A) means the subsurface emplacement of fluids by well injection; and '(B) excludes- - '(i) the underground injection of natural gas for purposes of storage; and '(ii) the underground injection of fluids or propping agents (other than diesel fuels) pursuant to hydraulic fracturing operations related to oil, gas, or geothermal production activities.'." The New York City Department of Environmental Protection conducted a study in which the Final impact Assessment Report's summary contained the following: - "Widespread... (racking will permanently and irreversibly compromise.., geological formation[s]" that help isolate near - surface freshwater from highly saline waters of deeper formations - Increased likelihood of migration of hazardous chemicals into groundwater /watersheds /reservoirs /etc. - fracking will "likely be accompanied by the gradual dispersion of low levels of toxic chemicals into the environment and potentially the water supply via multiple transport pathways" -Water withdrawal "could significantly impact commitments for water supply and habitat protection" - Flowback and produced water (resulting from the fracking process) "will produce an industrial- strength waste stream characterized by exceptionally high concentrations of a wide range of substances with the potential for adverse health and water quality effects ". It was concluded that these as well as other adverse effects could be expected. Some of your fellow Western New York residents are working to fight fracking. Come join us: 12:00 Noon Every second and fourth Sunday of every month Lafayette Presbyterian Church 875 Elmwood Ave. (parking lot door) Buffalo, NY REFERRED TO THE COMMITTEE ON LEGISLATION NO 38 D. SMITH -K. CUMMINGS -INFO RESPONSIBLE TOBACCO RETAILING ACT Dear Council Member Fontana: I am sharing photos taken at a local convenience store on Genesee Street and Humason Avenue in your district on October 18th. Cigarette billboards attached to a City lamp pole is violation of the Master Settlement Agreement and the City's sign codes and is clearly illegal. However, this kind of marketing is exactly what the tobacco companies will continue to do unless we enforce rules for responsible marketing as Councilman Demone Smith has proposed in the Responsible Tobacco Retailing Act (RTRA). In the hearing held back in June on this proposed law representatives from Wilson Farms claimed that their stores adhere to the laws and responsibly market tobacco products. Pictures speak louder than words. No doubt the owners of this store will happily remove the illegal sign when it is brought to their attention. However, we can't waste our time one sign and one violation at a time. We need to adopt a comprehensive plan to clean up tobacco product marketing and have a plan to pay for real enforcement. That is exactly what the RTRA does. During the summer, members of Buffalo Common Council have been bombarded with visits, letters and charts attacking the RTRA from the Altria Group, Inc. who operates Philip Morris USA Inc. {the company so prominently featured in the photos here). They appear to have organized a letter writing campaign from local retailers in opposition to RTRA. We are confident that you will see through the smoke screen and recognize the need for responsible tobacco retailing in the City. Altria claims that existing federal and state laws are adequate, yet one look at the photos and you have a visual demonstration of the need to rein in tobacco advertising in the city. These companies know that their advertising works and they will continue to circumvent the rules so they can make money regardless of the consequences. Altria claims that RTRA duplicates the new federal FDA tobacco law and other regulations but in fact the FDA law empowers the City of Buffalo and other municipalities to take control of tobacco retailing in their communities to protect kids from considering this deadly habit. Altria claims that adoption of RTRA will prompt Buffalo consumers to buy their tobacco products elsewhere and will hurt City retailers. However, the primary impact will be to prevent and /or reduce tobacco use and save lives. Buffalo consumers will shift their spending away from cigarettes and instead will have more cash in their wallets to pay for essentials such as food and clothing. Some letters to council members from local merchants stated that costs of tobacco would go up. The truth is that RTRA is structured to create an inspection function at no additional cost to local retailers. Any promise of a raise in price is another example of the heavy - handed scare tactics that tobacco companies command their field sales reps to practice with local merchants. The tobacco companies will continue to attack every part of RTRA using every argument they can think of- no matter how inaccurate, misleading or self - serving. The RTRA represents a logical and effective way to clean up tobacco marketing in our City. I urge you to join with Councilman Smith in endorsing the RTRA and moving this to a vote of the City Council. I would welcome the opportunity to discuss questions or concerns you have with the proposed legislation and look forward to continuing the conversation. Regards, K. Michael Cummings, PhD, MPH Chair of the Department of Health Behavior Roswell Park Cancer Institute REFERRED TO THE COMMITTEE ON LEGISLATION NO 39 D. SMITH - PENDING NUISANCE ABATEMENT LEGISLATION Dear Council Member Smith, We are writing in support of the proposed nuisance abatement law being proposed by City Housing Court Judge Henry J. Nowak. Our Community Association, PLDG West, was formed in the summer of 2009 and encompasses portions of Parkdale Ave., Lafayette Ave., W. Delavan Ave and Geenwood Place. We are very much in favor of having the opportunity to bring a case into Housing Court to address neighborhood concerns such as noise, littering, abandoned cars and graffiti. This legislation would also empower people in their neighborhoods throughout Buffalo to improve quality of life. This legislation would take the burden off of Housing Inspectors and create a clear legal channel for residents to address serious concerns. Thank you for your consideration of this law and your commitment to the City of Buffalo. We look forward to hearing from you. Please address response to Jennifer Silverman, 279 Parkdale Ave., Buffalo, NY, 14213. Sincerely, Jennifer Silverman & Nancy Kresge Co -Chair PLDG West REFERRED TO THE COMMITTEE ON LEGISLATION NO 40 D. SMITH- P.RUMORE- COUNCIL RESOLUTION RELATING TO "CHALLENGING THE FEDERAL GOVERNMENT'S APPROACH TO FAILING BUFFALO SCHOOLS While we, in general, support the resolution that was passed and the return of the principals at Riverside as per the wishes of many of the faculty, we urge caution in expanding this to other principals as was reported in the Buffalo News. The BTF and the faculty at school 45 strongly object to the inclusion in said discussion by the Council of the principal at school 45 as was also reported in the News. As you should have read, that principal had major problems at school 45 (enclosed please find Buffalo News article, teacher survey, and her last correspondence to the staff). We agree that Districts should not be forced to remove a principal; however, we request that before the Council publicly supports a principal or takes action calling for a principal's return, you provide us with the opportunity to give input into your deliberations. REFERRED TO THE SPECIAL COMMITTEE ON EDUCATION NO 41 D.SMITH- UPSTATE NY IS NOT SUFFICIENTLY UTILIZING PERSONAL CARE FOR MEDICAID BENEFICIARIES According to data by the New York State Department of Health, NYC spends 11.7% of its Medicaid Expenditures on personal care services. The rest of the state only spends 4.6% of Medicaid dollars on PCA services. Moreover, while the rest of state spends 32.3% of Medicaid expenditures on nursing home care, NYC relies less on institutional care -- spending only 24.1 % of its Medicaid dollars on nursing home care.' Although there are many fine local nursing homes, most of our elderly clients would prefer to live in their own homes and, in many cases, it is more cost - effective to keep people out of institutions. However, at Legal Services for the Elderly, we have noticed a decrease in referrals from seniors who wish to challenge their PCA hours. The above statistics confirm what we are seeing locally. Your clients /patients can get up to 24 hours care at home, although usually not without some advocacy. If you are told by Medicaid, CASA, or anyone else that a client is only entitled to a certain amount of hours, and you feel that they need more, please give us a call. You can also have your clients /patients call us directly. We cannot change the above statistics unless we get the referrals. To refer a case to us, please call us at 853 -3087 (ext. 220). To discuss the issue in more detail, please call Karen L. Nicolson, Esq. At 853 -3087 (ext. 205). For more information about our services, please visit our website at www.Ised.org REFERRED TO THE COMMITTEE ON LEGISLATION PETITIONS NO 42 B. BAUMKER, AGENT, USE 399 LOUISIANA, ERECT TWO POLE SIGNS & PLACE THREE WALL SIGNS (FILL)(PUB HRG 11/23) REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD, ZONING BOARD OF APPEALS NO 43 D. LAND, AGENT, USE 2616 MAIN STREET FOR AN OUTDOOR PATIO (DEL)(PUB HRG 11/23) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO 44 D. JACKSON, AGENT, USE 15 BARTHEL ST FOR A HSF (FILL)(NO PUB HRG) REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD, ZONING BOARD OF APPEALS NO 45 R. YELDA & OTHERS - REQUEST COUNCIL TO ADOPT BFLO'S COMMUNITY PROTECTION FROM NATURAL GAS EXTRACTION ORDINANCE Copy available for review in the City Clerk's Office REFERRED TO THE COMMITTEE ON LEGISLATION REGULAR COMMITTEES CIVIL SERVICE (BONNIE E. RUSSELL, CHAIRPERSON) NO 46 APPT SPECIAL ASSISTANT TO COMPTROLLER (EXEMPT)(SMALL)(COMPT) CCP# 15, 11/3 Mrs. Russell moved That the above item be the same and hereby is Received and Filed ADOPT NO 47 APPT ASSISTANT ENGINEER (PERM)(5 STEP)(DUK)(PW) (CCP# 22, 11/3) Mrs. Russell moved That Communication of 22 of November 3, 2010, be received and Filed and that the Permanent appointment of Thomas Duk, 56 Shenandoah Rd, Buffalo, NY 14216, at the Maximum Salary of $52,147.00 is hereby approved. PASSED AYES -9 NOES -0 NO 48 APPOINT DISPATCHER(PERM)(4 STEP)(GUGINO)(PW) (CCP# 23, 11/3) Mrs. Russell moved That Communication of 23 of November 3, 2010, be received and Filed and that the Permanent appointment of Thomas Duk, 56 Shenandoah Rd, Buffalo, NY 14216, at the 4 h Step of $39,101.00 is hereby approved. PASSED AYES -9 NOES -0 NO 49 NOTICES OF APPOINTMENTS - TEMP /PROV /PERM CCP# 44,11/3 Mrs. Russell moved That the above item be the same and hereby is Received and Filed. ADOPT NO 50 APPT DEPUTY CORP COUNSEL (EXEMPT)(SAVAGE III) (CC) CCP# 38, 7/20 Mrs. Russell moved That the above item be the same and hereby is Received and Filed ADOPT FINANCE (MICHAEL P. KEARNS, CHAIRMAN) NO 51 PERMISSION TO HIRE CONSULTANT 2011 DEPARTMENT OF HOMELAND SECURITY DATA CALL (ITEM NO. 21, C.C.P., OCT. 19,2010) That the Commissioner of Public Works, Parks & Streets he, and he hereby is authorized to retain a consultant to conduct research for the 2011 Department of Homeland Security Data Call. Funds for this project are available in the HSGP for year (6). PASSED AYES -9 NOES -0 NO 52 D. JACKSON - INTEREST IN SHARED ASSET FOR JUSTICE FUND CCP# 45, 10/5 Mr. Kearns moved That the above item be the same and hereby is Received and Filed. ADOPT NO 53 PROMOTING TRANSPARENCY IN CAPITAL BUDGET PROCESS BY HOLDING CITIZENS PLANNING COUNCIL MEETINGS IN CC CHAMBERS (EXC RESOLVES) CCP # 106, 7/20 Mr. Kearns moved That the above item be the same and hereby is Received and Filed ADOPT NO 54 M. KEARNS- ARTICLE - GRANTS & FINANCIAL INCENTIVES AVAILABLE TO UPGRADE SOLID WASTE FLEET ( #52, 6 /22)(CCP #69, 7/6) Mr. Kearns moved That the above item be the same and hereby is Received and Filed ADOPT NO 66 AUDIT REPORT SUBSTANCE SERVICES FINANCIAL PROCEDURES (COMPT) CCP # 14,5/25 Mr. Kearns moved That the above item be the same and hereby is Received and Filed ADOPT NO 56 ADDITIONAL INFO ON FED FINANCIAL ASSISTANCE (COMPT) CCP# 12,5/25 Mr. Kearns moved That the above item be the same and hereby is Received and Filed ADOPT NO 57 BSA OPERATING FUND BUDGET FOR FY 2010 -2011 (BSA) CCP# 45, 4/27 Mr. Kearns moved That the above item be the same and hereby is Received and Filed ADOPT NO 58 D. FRANCZYK -STATE AUDIT OF THE CITY'S ELEVATOR INSPECTIONS CCP # 27, 3/2 Mr. Kearns moved That the above item be the same and hereby is Received and Filed ADOPT NO 59 SINGLE AUDIT REPORTING PACKAGE (BERC) CCP # 31,1/19 Mr. Kearns moved That the above item be the same and hereby is Received and Filed ADOPT NO 60 AUDIT REPORT -ONE SUNSET AND THE BERC LOAN PROGRAM (COMPT) CCP # 12, 2/16 Mr. Kearns moved That the above item be the same and hereby is Received and Filed ADOPT NO 61 M. LOCURTO, ARTICLE -CITY OF ROCHESTER REASSESSMENT (#40,1/19) CCP # 64, 2/16 Mr. Kearns moved That the above item by the same and hereby is Received and Filed. ADOPT COMMUNITY DEVELOPMENT (MICHAEL J. LOCURTO, CHAIRMAN) NO 62 REPORT OF SALE - WESTERLY PORTION OF 94 GLENWOOD (ITEM NO. 12, C.C.P., NOV. 3, 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 Ms. Debra L. Jackson, 89 Decker Street, in the sum of One Thousand and Three Hundred Dollars ($1,300.00) for the purchase of the westerly portion of 94 Glenwood, 25'x 106', 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 63 REPORT OF SALE- 158 WOODLAWN (ITEM NO. 14, C.C.P., NOV. 3, 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 Mr. Nelson Cosgrove, Attorney at Law, for Gospel Expansion Ministries Foundation, Inc., Rev. Otis C. Tillman, 461 Masten Avenue, in the sum of One Thousand and Seven Hundred Dollars ($1,700.00) for the purchase of 158 Woodlawn, 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 64 J. BOOTH - BICYCLE - PEDESTRIAN ADVISORY BOARD - HEALTHY CITY ON THE GREAT LAKES (ITEM NO. 46, C.C.P., NOV. 3, 2010) That the above item be, and the me hereby is, returned to the Common Council without recommendation. Mr. LoCurto moved: That the Common Council adopts the report and its recommendations as contained in the Healthy City on the Great Lakes report, as attached to the above communication, and authorizes all future steps to amend the city's comprehensive plan to improve the health and quality of life for Buffalo's residents. PASSED AYES -9 NOES -0 NO 65 P. CAMMARATA- PUBLIC NOTICE - BROWNFIELD CLEANUP PROG -193 SHIP CANAL PKWY (#46, 11/3) That the above item be the same and hereby is Received and Filed. ADOPTED NO 66 REPORT OF SALE - 285 LOEPERE (ITEM NO. 14, C.C.P., OCT. 19, 2010) (ITEM NO. 66, C.C.P., NOV. 3, 2010) That the offer from Mr. Mohammad A. Khan and Mrs. Surriaya Khan, residing at 993 Sycamore Street, in the sum of Three Thousand and Seven Hundred Dollars ($3,700.00) for the purchase of 285 Loepere 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 67 DECISIONS REGARDING SAVARINO V COB (2010- 3489)(CC) ( #27, 10/19) That the above item be the same and hereby is Received and Filed. ADOPTED NO 68 M. KEARNS -NEWS ARTICLE TALE OF TWO PITIES (#46, 10/19) that the above item be the same and hereby is Received and Filed. ADOPTED NO 69 K. CONNOR- REPORT - FISHING FOR TAXPAYER CASH -BASS PRO (#44, 6/22) That the above item be the same and hereby is Received and Filed. ADOPTED NO 70 M. KEARNS- SUBSIDIES FOR BASS PRO ( #55, 6/22) That the above item be the same and hereby is Received and Filed. ADOPTED NO 71 RESPONSE TO CCP # 108,7/20-BONUSES TO EMPLOYEES ( #63, 9/7) That the above item be the same and hereby is Received and Filed. ADOPTED NO 72 M. LOCURTO-DECOM MISSION OF BERC AND EXPAND BURA ( #34, 3/2) That the above item be the same and hereby is Received and Filed. ADOPTED NO 73 ELIMINATING BERC AS A STEP TOWARDS NEW APPROACH FOR ECONOMIC DEVELOPMENT (EXCEPT 1 ST RES) ( #71, 1/5) That the above item be the same and hereby is Received and Filed. ADOPTED LEGISLATION (JOSEPH GOLOMBEK JR., CHAIRMAN) NO 74 D. SUTTON, PETITION TO USE 448 ELMWOOD TENANT BUILD -OUT FOR A SIT -IN RESTAURANT (ITEM NO. 52, C.C.P., NOV. 3, 2010) That after the public hearing before the Committee on Legislation on November 9, 2010, the petition of D. Sutton, agent, for permission to use 448 Elmwood to build -out for a sit -in restaurant be, and hereby is approved. PASSED AYES -9 NOES -0 NO 75 OHL & O- ESTABLISH ALTERNATE PARKING ON S. OGDEN BETWEEN CLINTON & GRISWOLD FOR WINTER MONTHS (ITEM NO. 53, C.C.P., NOV. 3, 20.10) That the above item be, and the same hereby is, returned to the Common Council without recommendation, Mr. Golombek moved: That the above item be recommitted to the Committee on Legislation Adopted NO 76 REQUEST ORDINANCE AMENDMENT - CHAPTER 479 TRAFFIC ORDINANCES REDUCE SPEED LIMIT - MARINE DRIVE BETWEEN ERIE AND COMMERCIAL STREETS (ITEM NO. 20, C.C.P., NOV. 3, 2010) That the Commissioner of the Department of Public Works, Parks and Streets after getting approval as to from the Acting Corporation Counsel be, and he hereby is authorized to amend Chapter 479 Traffic Ordinances, reducing speed limit to fifteen (15) miles per hour on Marine Drive between Erie and Commercial Streets, as more fully described in the above communication and file the Amendment with this Common Council. PASSED AYES -9 NOES -0 NO 77 RESTAURANT DANCING CLASS IV- 3144 MAIN STREET (ITEM NO. 35, C.C.P., NOV. 3, 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 78 D. LAND, PETITION TO USE 2616 MAIN - CONVERT TAKE -OUT TO A SIT -DOWN BAR/RESTAURANT (ITEM NO. 50, C.C.P., OCT. 19, 2010) (ITEM NO. 71, C.C.P., NOV. 3, 2010) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Golombek moved: That after the public hearing before the Committee on Legislation on October 26, 2010, the petition of D. Land, agent, for permission to use 2616 Main Street for a take -out to a sit -down bar /restaurant be, and hereby is approved. PASSED AYES -9 NOES -0 NO 79 HOPE GARDENS, USE 58 OBERLIN FOR A HSF (FILL)(NO PUB HRG) ( #52, 10/19) That the above item be the same and hereby is Received and Filed. ADOPTED NO 80 M. KEARNS -J. LOGAN- CONCERNS VERIZON FIOS ( #53, 6/22) That the above item be the same and hereby is Received and Filed. ADOPTED NO 81 G. HILL, AGENT, USE 1346 KENSINGTON FOR A TAKE OUT RESTAURANT (PUB HRG 5/18)(UNVI)( #76, 5/11) That the above item be the same and hereby is Received and Filed. ADOPTED NO 82 CREATE A CITY OF BUFFALO EMPLOYMENT PROTECTION ACT (ITEM NO. 129, C.C.P., SEP. 16, 2008) (ITEM NO. 95, C.C.P., JULY 31, 2009) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Golombek moved: That the above item be the same and hereby is Received and Filed. Adopted. NO 83 R. TACZKOWSKI- MARINE DRIVE TRAFFIC AND PEDESTRIAN STUDY ( #38, 3/2) That the above item be the same and hereby is Received and Filed. ADOPTED NO 84 MARINE DRIVE APT -REQ SIGNS POSTED FOR NO STANDING 11/1 TO 4/1 (CCP #34, 2/3) That the above item be the same and hereby is Received and Filed. ADOPTED NO 85 MARINE DRIVE APT -REQ SPEED LIMIT CHANGE MARINE DR AND FRONT OF NAVAI PARK (CCP #35,2/3) That the above item be the same and hereby is Received and Filed. ADOPTED NO 86 COUNCIL MANGER FORM OF GOVERNMENT FOR THE CITY OF BUFFALO (ITEM NO. 105, C.C.P., SEP. 30, 2008) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Golombek moved: That the City of Buffalo Common Council recommends the President of the Common Council develop a listing of individuals to serve on the Council- Manger Task Force, requesting such names from various elected officials and organizations; for example, the Center for Governmental Research; Syracuse University's Maxwell School of Citizenship and Public Affairs, the Mayor of the City of Buffalo; the International City /County Management Association; the New York State City /County Management Association; the Buffalo Niagara Partnership to mention a few; and That the President of the Common Council will submit this list to the Common Council who will select 9 -11 individuals to serve on the Council- Manager Task Force, with the understanding this body will prepare a detailed report to the Common Council. ADOPTED SPECIAL COMMITTEES EDUCATION (DEMONE A. SMITH, CHAIRMAN) NO 87 LP CIMINELLI -BOARD PACKET DOCUMENTS JULY 2010 ( #76, 9/7) That the above item be the same and hereby is Received and Filed. ADOPTED NO 88 LP CIMINELLI -BOARD PACKET DOCUMENTS AUGUST 2010 ( #77, 9/7) That the above item be the same and hereby is Received and Filed. ADOPTED NO 89 LP CIMINELLI -BOARD PACKET DOCUMENTS SEPTEMBER 2010 (#41, 9/21) That the above item be the same and hereby is Received and Filed. ADOPTED NO 90 LP CIMINELLI -BOARD PACKET DOCUMENTS MAY 2010 ( #60, 5/11) That the above item be the same and hereby is Received and Filed. ADOPTED WATERFRONT DEVELOPMENT MICHAEL P. KEARNS CHAIRMAN NO 91 Y. HRESHCHYSITYN- COMMENTS PUBLIC HEARING -CANAL HARBOR ( #50, 11/24) CCP # 69, 12/8 Mr. Kearns moved That the above item be the same and hereby is Received and Filed ADOPT NO 92 NYS ENV QUALITY REVIEW ACT -CANAL SIDE PROJECT CCP # 51, 2/16 Mr. Kearns moved That the above item be the same and hereby is Received and Filed ADOPT NO 93 M. GALIVAN -INFO ERIE CANAL DEV CORP & REQ INFO LEGAL FEES CCP# 42, 10/27 Mr. Kearns moved That the above item be the same and hereby is Received and Filed ADOPT NO 94 M. KEARNS -ERIE CANAL MOTOR COACH DROP OFF /PICKUP & PARKING CCP # 57, 6/23 Mr. Kearns moved That the above item be the same and hereby is Received and Filed ADOPT NO 95 W /FRONT VILLAGE ADVISORY COUNCIL -REQ CITY UPDATE ON URBAN RENEWAL PLAN CCP # 49, 3/17 Mr. Kearns moved That the above item be the same and hereby is Received and Filed ADOPT NO 96 D. FRANCZYK -H &A PARIS -ERIE CANAL DRAMA THEATER CCP # 31, 1/20 Mr. Kearns moved That the above item be the same and hereby is Received and Filed ADOPT NO 97 M. KEARNS -M. STARK - WATERFRONT HOTEL PLANS CCP# 211,11/6 Mr. Kearns moved That the above item be the same and hereby is Received and Filed ADOPT NO 98 M. KEARNS -J. DAILEY -SLIP HOLDERS CONCERNS ERIE BASIN MARINA CCP # 69, 9/2 Mr. Kearns moved That the above item be the same and hereby is Received and Filed ADOPT NO 99 L. LEVY - PARKING ISSUES INNER HARBOR DEVELOPMENT CCP # 40, 9/18 Mr. Kearns moved That the above item be the same and hereby is Received and Filed ADOPT RESOLUTIONS NO 100 SPONSOR: MR. FONTANA FEE WAIVERS FOR ATHLETIC LEAGUES IN CITY COMMUNITY CENTERS Whereas: For many years the community and recreation centers have hosted adult athletic leagues for residents of the City of Buffalo; and Whereas: These leagues were able to function at little or no cost to its participants, providing a valuable service to the community; and Whereas: A policy by the law department requires that any athletic leagues functioning within city community and recreation centers must take out insurance policies for at least $1 Million in coverage, indemnifying the City of Buffalo against any liability on these properties; and Whereas: This policy places a great financial strain on these athletic leagues which has rendered many of them incapable of continuing to function, thus preventing many residents from enjoying their favorite activities. Now, Therefore, Be It Resolved: That the Commissioner of the Department of Public Works, Parks, and Streets be allowed to waive insurance requirements on a case -by- case basis at his discretion, allowing these athletic leagues to continue to function despite economic restrictions. PASSED AYES -9 NOES -0 NO 101 SPONSORED BY: MR. FONTANA, MR. HAYNES WAIVER OF PERMIT AND INSPECTION FEES FOR HEALTHY HOME OF SCIENCE REHABILITATION PROJECT Whereas: There is an unfortunate trend of decline in the housing stock on the East side of Buffalo; and Whereas: The house located at 276 Southampton St. was slated for demolition despite its potential for rehabilitation, contributing to the decline in housing stock; and Whereas: Mrs. Elizabeth Triggs of the We Care /None Like You Community Block Club works tirelessly toward the rehabilitation and improvement of Buffalo's distressed neighborhoods; and Whereas: In October of 2010 Mrs. Triggs and We Care /None Like You obtained ownership of the house at 276 Southampton for green rehabilitation in the Healthy Home of Science Project; and Whereas: Details of the project entailed total environmentally conservative rehabilitation and reconstruction of the property including new siding, roofing, electrical, plumbing, heating, doors, windows, and aesthetic finishing to be completed through volunteer union partnership programs; and Whereas: Completion of the project will result in an available brand new living space as well as a beacon of potential for the rehabilitation of distressed properties across the City of Buffalo. Now, Therefore, Be It Resolved: That the Common Council requests that the Department of Economic Development, Permits, and Inspections waive any and all fees associated with building permits and home inspection to defray some of the cost of the project from the We Care /None Like You Community Block Club, a not - for - profit organization. PASSED AYES -9 NOES -0 SPONSOR: MR. FRANCZYK NO 102 NEW APPOINTMENTS TO THE POLICE REORGANIZATION COMMISSION Whereas: The Common Council recently adopted resolutions that called for the empanelment and empowerment of a Joint Commission to Examine Police Reorganization to review the organizational structure of the Buffalo Police Department, evaluate its strengths and weaknesses, and develop a plan to reorganize the Buffalo Police Department in a way which balances the need to efficiently use personnel and equipment with the responsibility to keep neighborhood residents safe and maximize community policing; and Whereas: At this time, a number of appointments to the Joint Commission to Examine Police Reorganization currently remain unfilled; and Now, Therefore Be It Resolved: That I hereby submit the names of the following persons to serve as Common Council appointments on the Joint Commission to Examine Police Reorganization (current members and new appointments appear below): Council Appointments Appointee Appointee • Delaware District: H. Wayne Gerhart Richard Raines 86 Cleveland 220 Wellington Rd. • Ellicott District: James J. Sobol Lesley Haynes 18 Michael's Walk 155 Prospect Ave • Fillmore District: Joseph Mascia Darnell Jackson 47 Marine Drive Apt 4 -E 28 Barthel • Lovejoy District: Anthony LeBrun Cliff Braxton 1847 South Park Ave. 85 Kerns • Masten District: To be Determined To be Determined • Niagara District: Terry O'Neill To be Determined 102 Willett Street • North District: To be Determined To be Determined • South District: Thomas Higgins Richard Donovan 347 Whitfield 57 Susan Lane • University District: Linwood Roberts Ricky M. Allen, Sr. 296 Highland Parkway 191 Roosevelt Ave. PBA Representatives: Robert Meegan, Jr. (or his designee) Sean O'Brien 74 Franklin 74 Franklin Police Commissioner: Ex- Officio (or his designee) Mayoral Appointments: To be Determined To be Determined To be Determine To be Determined ADOPT NO 103 BY: MR. CURTIS HAYNES, JR. CO- SPONSORS: MR. FRANEZYK, MR. FONTANA, MR. GOLOMBEK, MR. KEARNS, MR. LOCURTO, MR. RIVERA, MRS. RUSSELL, MR. SMITH STEP UP AND TAKE A STAND AGAINST VIOLENCE DAY Whereas: Recent violent, tragic events in Buffalo have brought citizens together in concern about the effect of crime on families and friends, the safety, security and quality of life of residents and businesses and the public image of our City; and Whereas: Citizens, business owners, enforcement and elected leadership all agree that there is a need for greater understanding of the causes of crime, and greater cooperation in seeking its remedies; and Whereas: It is acknowledged that unemployment, underemployment and poverty are three major causes of violent crime and gun - related violence, especially in their impact upon youth; and Whereas: It is also acknowledged that education and training are two major tools in the efforts to save the young from the impact and seduction of crime; and Whereas: The Common Council of the City of Buffalo has voted to establish a Community Building Task Force that will be open to all interested citizens in the residential, academic, faith, enforcement and business communities to help define a strategy to control crime in Buffalo, and make its recommendations to the Common Council for action; and Whereas: Numerous organizations and individuals have taken it upon themselves to independently organize and mobilize to seek solutions to the problem of violent and gun - related crime in our community, including organizations like Stop the Violence Coalition, East Side Redevelopment Task Force, The Peace Organization, The Boys and Girls Clubs, The Peaceful World Movement; Lessons of Homicides Team, the Block Club Council, and many other worthy groups; and Whereas: Many citizens have sought a way to take a stand against violence and publicly show their concern in a positive manner; and Whereas: The US Center for Disease Control and Prevention has stated that youth violence should be treated as a disease by prescribing adults as mentors and role models, maximizing efforts to use public and private community resources to reduce the social and economic causes of violence in the environment of young people; and Whereas: It is fitting that City government sponsor an action that encourages individuals and organizations to join together in taking a stand against violence, and in favor of the education and mentoring of our youth, encouraging parents, individuals and organizations to step up to their responsibility of teaching and showing children that there are alternatives to violence; and Whereas: Charles Burgin has locally sponsored a petition drive with the goal of 50,000 signatures to illustrate the solidarity of our community in taking a stand for non - violence through the expansion of mentoring programs in safe environments for young people; and Whereas: This independent petition drive is known as "Brotherman's Progress" to indicate that to achieve progress, we must all move forward together, united in brotherhood and sisterhood in a stand against violent crime for the future of our youth; and Whereas: These initiatives are in the best interests of the citizenry of the City of Buffalo. NOW, THEREFORE BE IT RESOLVED: That the Common Council of the City of Buffalo does hereby designate November 17, 2010 as "Step Up and Take a Stand Against Violence Day," to encourage interested individuals and organizations to take a stand against violence in our community and support the petition drive; and NOW, THEREFORE BE IT FINALLY RESOLVED: The Common Council does also encourage other governing bodies and community organizations to sponsor similar events since violent crime has no boundaries, and the future of youth concerns us all. ADOPTED NO 104 SPONSORS: MICHAEL J. LOCURTO AND MICHAEL P. KEARNS LACK OF COMPLIANCE WITH CITY CHARTER ARTICLE 20 -31 Whereas: The City Charter imposes on its City Departments, the Citizens Planning Commission and its Elected Officials, an annual requirement to prepare and adopt a Capital Improvement Program (CIP) Spending Plan and Budget; and Whereas: In conjunction with the annual adoption of the CIP Plan and Budget, a substantial amount of funds are obtained from Bonded Debt thereby imposing a corresponding obligation on the City to fund annual Principal and Interest payments on such debt as part of the process of borrowing money to fund and facilitate work and improvements of a capital nature; and Whereas: It is in the best interests of the City and its taxpayers that the work and improvements identified in CIP Spending Plan and Budget are awarded and completed in a timely manner; and Whereas: Idle bond fund proceeds cause planners and approvers to question the original need for borrowing such funds when they are not expended in a timely manner; and Whereas: The crafters of the City Charter in an effort to bring attention to this important matter crafted Article 20 -31 of the Charter which states that "On April 30 and October 31, the mayor shall submit to the council, the comptroller, and the citizens planning council a report describing the progress of the capital improvement projects, including schedules and explanations of any delays or anticipated cost overruns "; and Whereas: On the occasion of this Common Council meeting dated November 16, 2010, the City Clerk and the Common Council have yet to receive the report required by City Charter Article 20 -31. Now Therefore Be It Resolved, That this Honorable Body hereby requests of the Mayor, that he immediately file with the City Clerk for presentation to this Common Council, the report required by City Charter Article 20 -31; and Be It Finally Resolved That: That a copy of this communication be forwarded to the Office of the Mayor of the City of Buffalo to ensure his immediate response. ADOPT RESOLVES, REFER REMAINDER TO THE SPECIAL COMMITTEE ON BUDGET NO 106 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, November 23, 2010 at 9:45 o'clock A.M Committee on Finance following Civil Service Tuesday, November 23, 2010 at 10:00 o'clock A.M. Committee on Comm. Dev. Tuesday, November 23, 2010 al 1:00 o'clock P.M. Committee on Legislation Tuesday, November 23, 2010 at 2:00 o'clock P.M (Public Disclaimer): All meetings are subject to change and cancellation by the respective Chairmen of Council Committees. In the event that there is sufficient time given for notification, it will be provided. In addition, there may be meetings set up whereby the City Clerk's Office is not made aware: therefore. unless we receive notice from the respective Chairmen. we can only make notification of what we are made aware NO 106 ADJOURNMENT On a motion by Mr. Fontana, Seconded by Mrs. Russell, the Council adjourned at 2:50 P.M. GERALD CHWALINSKI CITY CLERK November 16, 2010 COMMON COUNCIL CITY HALL- BUFFALO SPECIAL SESSION NOVEMBER 9,2010 AT 1:66 P.M. Present : David A. Franczyk President of the Council, and Council Members Fontana, Golombek, Haynes, Kearns, LoCurto, Rivera, Smith — 8 Absent: Council Member Russell — 1 SPECIAL SESSION NOVEMBER 9, 2010 AT 1:66 P.M. 1. Call for Special Session R &F 2. 2010 -2011 Annual Action Plan Amend. (Yr 36 CDBG) APP 3. Adjourn R &F NO 1 CALL FOR SPECIAL SESSION November 8, 2010 Mr. Gerald A. Chwalinski City Clerk 1308 City Hall Buffalo, New York Dear Mr. Chwalinski: Pursuant to Section 3.9 of the Charter of the City of Buffalo, upon the written request of Five Councilmembers, dated November 8, 2010 presented to you herewith, I hereby call a Special Meeting of the Common Council to be held in the Council Chambers, City Hall, Buffalo, New York, on November 9, 2010 at 1:55 P.M. for the following purpose: To receive and take appropriate action on : 1. 2010 -2011 Annual Action Plan Amend. (yr 36 CDBG) Yours very truly, David A. Franczyk President of the Council RECEIVED AND FILED November 8, 2010 TO EACH MEMBER OF THE COMMON COUNCIL: YOU ARE HEREBY NOTIFIED that, pursuant to Section 3.9 of the Charter of the City of Buffalo, upon the written request of Five Councilmembers, dated November 8, 2010, DAVID A. FRANCZYK, President of the Common Council, has called a Special Meeting of the Common Council, to be held in the Council Chambers, City Hall, Buffalo, New York, on November 9, 2010 at 1:55 P.M. for the following purpose: To receive and take appropriate action on all items relating to 1. 2010 -2011 Annual Action Plan Amend. (yr 36 CDBG) Yours very truly, Gerald A. Chwalinski City Clerk Hon. David A. Franczyk President Common Council 1315 City Hall Buffalo, New York November 8, 2010 Dear Sir: WE, the undersigned, members of the Common Council, hereby request that you call a Special Meeting of the Common Council, pursuant to Section 3.9 of the Charter of the City of Buffalo, for the following purpose: To receive and take appropriate action on 1. 2010 -2011 Annual Action Plan Amend. (yr 36 CDBG) We request that this Special Meeting be held on November 9, 2010 at 1:55 P.M. David A. Franczyk Richard A. Fontana Michael J. LoCurto David A. Rivera Michael P. Kearns Pursuant to Rule 2 of the Rules of Order of the Common Council of the City of Buffalo, each of the following named members of the Common Council, to wit: RICHARD FONTANA JOSEPH GOLOMBEK CURTIS HAYNES JR MICHAEL KEARNS MICHAEL LOCURTO DAVID A. RIVERA BONNIE E. RUSSELL DEMONE SMITH hereby states that he /she received twenty -four (24) hours' notice of the time and purpose of the Special Meeting of the Common Council duly called to be held on November 9, 2010 at 1:55 P.M. Richard A. Fontana Demone Smith Michael J. LoCurto Joseph Golombek David A. Rivera Bonnie E. Russell Michael P. Kearns Curtis Haynes STATE OF NEW YORK COUNTY OF ERIE) ss: CITY OF BUFFALO) On this 7th day of September 2010, before me, the subscribers, personally appeared To me known to be the same persons described in and who executed the foregoing instrument, and they duly and severally acknowledged to me that they executed the same. Gerald Chwalinski Commissioner of Deeds, in and for the City of Buffalo, N.Y. My Commission expires 12/31/10 NO2 2010 -2011 ANNUAL ACTION PLAN AMENDMENT (YEAR 36 COMMUNITY DEVELOPMENT BLOCK GRANT) (COM #1, C.C.P. 10/19/2010) Attached for Your Honorable Body's consideration and approval, please find an amendment to the City of Buffalo's 2010 -2011 Annual Action Plan in accordance with an increased allocation of funds set forth by the U.S. Department of Housing & Urban Development. Following Common Council approval of the 2010 -2011 Action Plan on, the U.S. Department of Housing and Urban Development awarded to the City of Buffalo $1,317,551 in additional finding for the Community Development Block Grant Program (CDBG) and $43,367 more in funding for Housing Opportunities for Persons with Aids ( HOPWA). The City proposes to allocate these new funds as follows: CDBG Program Public Improvements -new activity for improvements to Streets, sidewalks and Public Facilities in low- moderate income Neighborhoods throughout the City of Buffalo $658,775.50 Demolitions Citywide — increase $658,775.50 Total $1,317,551.00 HOPWA Benedict House — increase $43,367 Total $43,367 Pursuant to HUD requirements, the City's 2010 -2011 Annual Action Plan Amendments is designed to carry out the objectives approved in the city's 2008 -2012 Consolidated Plan. Following Common Council approval of the plan, the City will hold a public hearing followed by a 30 -day public comment period. Copy available for review in the City Clerk's Office PASSED AYES -8 NOES -0 NO3 ADJOURNMENT On a motion by Councilmemeber Fontana, Seconded by Councilmember Golombek, the Council adjourned at 2:04 P.M. Gerald A. Chwalinski City Clerk