HomeMy WebLinkAbout10-0608 (2)NO. 12
PROCEEDINGS
OF THE
CITY OF BUFFALO
JUNE 8, 2010
MAYOR
Hon. Byron W. Brown
COMPTROLLER
Andrew Sanfilippo
COMMON COUNCIL
PRESIDENT OF THE COUNCIL
FILLMORE DISTRICT
DAVID A. FRANCZYK
PRESIDENT PRO TEMPORE
NIAGARA DISTRICT
DAVID A. RIVERA
MAJORITY LEADER
LOVEJOY DISTRICT
RICHARD A. FONTANA
DISTRICT COUNCIL MEMBERS
CURTIS HAYES JR - ELLICOTT
DEMONE A. SMITH — MASTEN
MICHAEL J. LO CURTO — DELAWARE
JOSEPH GOLOMBEK JR. — NORTH
DAVID A. RIVERA- NIAGARA
BONNIE C. RUSSELL - UNIVERSITY
REGULAR COMMITTEES
CIVIL SERVICE COMMITTEE: Bonnie E. Russell Chairman, Michael P. Kearns, Richard A. Fontana, Curtis Haynes Jr.,
David A. Rivera - Members
CLAIMS COMMITTEE: David A. Rivera Chairman, Richard A. Fontana, Michael P. Kearns, Bonnie E. Russell - Members
COMMUNITY DEVELOPMENT COMMITTEE: Michael LoCurto, Chairman, Richard A. Fontana, Joseph Golombek Jr.,
David A. Rivera, Demone Smith - Members
FINANCE COMMITTEE: Michael P. Kearns, Chairman, Curtis Haynes Jr., Michael J. LoCurto, David A. Rivera, Bonnie E.
Russell - Members.
LEGISLATION COMMITTEE: Joseph Golombek Jr., Chairman, Richard A. Fontana, Curtis Haynes Jr., Michael LoCurto,
David Rivera - Members.
RULES COMMITTEE: David A. Franczyk, Chairman, Richard A. Fontana, David A. Rivera - Members
1-11:2 *] / e 1 S e i e L� i h� i 111 i 9 4 *1
Members
BUDGET COMMITTEE: Richard A. Fontana, Chairman, Michael P. Kearns, Michael J. LoCurto, Bonnie E. Russell -
EDUCATION COMMITTEE: Demone Smith, Chairman, Richard A. Fontana, Curtis Haynes Jr.- Members
MINORITY BUSINESS ENTERPRISE COMMITTEE: Demone Smith Chairman, Richard A. Fontana,
Joseph Golombek Jr., Curtis Haynes Jr. — Members
PARKS OVERSIGHT: Demone A. Smith, Chairman, Richard A. Fontana, Curtis Haynes Jr., Michael P. Kearns, Michael J.
LoCurto - Members
POLICE OVERSIGHT: Richard A. Fontana, Chairman, Curtis Haynes Jr., Michael P. Kearns, David A. Rivera, Bonnie E.
Russell, Demone Smith — Members
Members
PUBLIC TRANSPORTATION: Michael P. Kearns, Chairman, Richard A. Fontana, Michael J. LoCurto, David A. Rivera -
WATERFRONT DEVELOPMENT COMMITTEE: Michael P. Kearns, Chairman, Joseph Golombek, Jr, Michael J.
LoCurto, David A. Rivera, members
CORPORATION PROCEEDINGS
COMMON COUNCIL
CITY HALL - BUFFALO
TUESDAY, JUNE 8 2010
AT 2:00 P.M.
Present - David A. Franczyk, President of the Council, and Councilmembers: Fontana, Golombek Jr, Haynes Jr, Kearns, LoCurto, Rivera,
Russell, Smith -9
Absent - 0
On a motion by Mr. Fontana, Seconded by Mr. Rivera, the minutes of the stated meeting held on May 25, 2010 were approved.
INVOCATION PLEDGE TO FLAG DATE June 8. 2010
"FINAL"
MAYOR
MAYOR - EXECUTIVE
1-
A Cit Serv- Submission of Group Workcamps Foundation
APP
2-
B. Cit Serv- Submission of Monthly Report -May 2010
R &F
3-
1. Plan Bd -Neg Declaration -351 Grider St(Mas)
R &F
4-
2. Strat Plan -Amend Lease Agmt Btwn COB & Grassroots Gardens - Curtiss St(Fill)
APP
5-
3. Strat Plan -Amend Lease Agmt Btwn COB & Grassroots Gardens -
193 &195 Wakefield(Mas)
APP
6-
4. Strat Plan- Change Order#2 -1318 Niagara(Nia)
APP
7-
5. Strat Plan- Response 181 & 207 Stanton St, #62, CCP 5/11/2010(Fill)
CD
8-
6. Strat Plan- Report of Sale -483 Busti(EII)
APP
9-
7. Strat Plan- Report of Sale -39 Clark(Fill)
APP
10-
8. Strat Plan- Report of Sale -55 Hirschbeck(Fill)
APP
11-
9. Strat Plan- Report of Sale -19 Mills(Fill)
APP
12-
10. Strat Plan- Report of Sale -95 Northampton(Ell)
APP
13-
11. Strat Plan- Report of Sale -50 Poultney(Univ)
APP
14-
12. Strat Plan- Report of Sale -80 Reed(Fill)
APP
15-
13. Strat Plan- Report of Sale -109 Schutrum(Fill)
APP
16-
14. Strat Plan- Report of Sale -383 Seventh(Ell)
APP
17-
15. Strat Plan- Report of Sale- 21,23 &25 Spruce(Ell)
APP
18-
16. Strat Plan- Report of Sale -377 Sweet(Fill)
APP
19-
17. Strat Plan- Rescind Sale & Forfeit Deposit -23 Hauf(Mas)
APP
20-
18. Strat Plan- Rescind Sale & Forfeit Deposit -325 Koons(Fill)
APP
COMPTROLLER
21-
18A. Certificate of Necessity- Transfer Funds Common Council($31,000)
R &F
22-
18B. Certificate of Necessity- Transfer Funds Common Council($22,000)
R &F
23-
19. Interfund Loan - Reconst Various Schools
APP
24-
20. Appt Associate Auditor(Perm)(2 Step)(Somani)
CS
25-
21. Appt Junior Data Control Clerk(Prov)(Inter)(Gartz)
CS
MANAGEMENT INFORMATION SERVICES
26-
22. Approval for Renewal of Microsoft Enterprise Agmt- Software Products
APP
27-
23. Response -CS Application Online and Electronic Filina
CS
PUBLIC WORKS
28-
24. Change in Contract - Bailey Kensington Fire Station(Unv)
APP
29-
24A Change in Contract - City -wide Sidewalk Repl -2009
APP
30-
24B Change in Contract - Repair to City Pavements - Thomann Asphalt Paving Corp
APP
31-
25. Change in Contract Resurfacing of City Pavements
APP
32-
25A. Perm to Accept Funds LaSalle Park, Phase I(Ell)
FIN
33-
25B. Perm to Accept Funds LaSalle Park, Phase II(Ell)
FIN
34-
26. Perm to Accept Grant - Porter Ave Resurfacing(Nia,Ell)
APP
35-
27. Perm to Hire Consultant -Outer Harbor Trail Phase 2(Fill,South)
APP
36-
27A Perm to Hire Consultant -City Buildings(Various District)
FIN
37-
28. Report of Bids - Crosswalks 2010
APP
38-
29. Report of Bids -D District Police Station(North)
APP
39-
29A Report of Bids - Bicycle Rack Installation -Phase II
FIN
40-
29B Report of Bids - Sycamore Village Entry Walls & Fence Installation (Ell)
FIN
41-
29C Report of Bids -Tosh Collins Expansion Ice Rink(South)
APP
42-
30. Signed Agreements of Recycling Extension For Allied Waste
R &F
POLICE
43-
31. Justice Assistance Grant Program Renewal -Year 6
APP
FIRE
44-
32. Appt Deputy Commissioner(Exempt)(Gugliuzza)
CS
CORPORATION COUNSEL
45-
33. Approval of Contract With BMHA
FIN
PERMITS
AND INSPECTIONS
46-
34. Food Store License (New) -163 West Ferry(Nia)
LEG
47-
35. Food Store License (New)- 1350 Fillmore(Mas)
LEG
48-
36. Food Store License (New)- 859 Niagara (Nia)
APP
49-
37. Food Store License (New)- 1902 Niagara (North)
APP
50-
38. Restaurant Dance License Renewal -274 Delaware(Ell)
APP
51-
38A Restaurant Dance Class II -1108 Elmwood(aka 1110 Elmwood Ave)(North)
APP
BURA
52-
38B. Approval to Transfer One (1) Home in Sycamore Vill.Sub -381 Sycamore(Ell)
CD
53-
38C. SEQR -Neg Declaration- Amendment of Fruit Belt Urban Renewal
Area Boundary
ADOPT
BUFFALO PRESERVATION BOARD
54-
39. Req Approval Buffalo Landmark Designation 85 -89, 91 -95, 97, 99,101 -103,
105 -107, 109, 111, 113 -125 Genesee St.(EII) (pub hrg 6/29)
LEG
CITY CLERK
55-
40. Reports of Attendance
R &F
56-
41. Notices of Appointments Common Council Staff
ADOPT
57-
42. Notices of Appointment - Seasonal
R &F
58-
43. Notices of Appointments- Temp /Prov /Perm
CS
MISCELLANEOUS
59-
43A J. Brem- Concerns Closing of Nursing Homes
LEG
60-
44. T. Dee - Buffalo Harbor Bridge Project
W /FRONT
61-
45. Erie County Dept Environ. & Planning -Flood Risk Map Update Briefina
LEG
62-
46. R. Fontana -F. Fogarty -Time Warner Response to COB Renewal
LEG
63-
47. L. Johnson -Info Education is a Civil Right
ED
64-
48. M. Kearns - Police Hiring Procedures: Model for Buffalo, NY
CS
65-
49. D. Leisten- Occupancy Tax Payment
R &F
66-
50. B. Link -BFSA Public Forum Report May 10, 2010
BUDGET
67-
51. Lucky's- Concerns -New Store Opening on Sycamore Street(Fill)
LEG
68-
52. Olmsted Center for Sight Announces CRS as a Subsidiary
R &F
69-
53. SEQR -1031 Michigan Ave -Bflo Nia Medical Campus(Ell)
ADOPT
70-
54. E. Triggs- Concerns 754 Sycamore St(Fill)
LEG
71-
55. Subdivision of Land -353 Porter Avenue
LEG
72-
55A Memo of Agmnt Btn COB and Local 650
R &F
PETITIONS
73-
56. S. Gedra, Owner, Use 478 Elmwood To Erect a Seasonal Enclosure on an
Existing
Outdoor Cafe(Nia)(No Pub Hrq)
LEG,CPBD
74-
57. D. Muscoreil, Owner, Use 88 W Chippewa - Sidewalk Cafe in Front of
an Existing Sit -In Rest(EII)(no pub hra)
LEG,CPBD
75-
58. B. Baumker, Agent, Use 2000 Elmwood to Erect an
Illuminated Pole Sign(North)(no pub hrq)
LEG,CPBD
RESOLUTIONS
147-
59. FranczykReturn Marine Drive Management to Residents
ADOPT
148-
60. Golombek Disch Leg, ccp# 17,04/13/2010 -Rest Dance Class III
3053 Main (Univ)(EDPI)
ADOPT D/C APP
149-
60A. Haynes Set Public Hearing Sycamore Village Sub. -381 Sycamore(Ell)
ADOPT
150-
60B. HaynesApproval to Transfer One(1) Home in Sycamore Vill-
381 Sycamore(EII)(hrg 6/22)
CD
151-
61. Haynes Appt Legislative Aide Ellicott District (Cortes)
ADOPT
152-
61A LoCurto Disch CD -ccp# 62,12/22- Report of Sale
26 & 31 Girard(Mas)
ADOPT D/C APP
153-
61 B LoCurto Assessment Reform in City of Buffalo
ADOPT 1 ST RES REM TO FIN
154-
61 C Kearns Transfer of Funds - Common Council($31,000)
APP
155-
61 D Kearns Transfer of Funds - Common Council($22,000)
APP
156-
61 E Kearns Waiver of Band Shell Rental Fees for South Park High School
APP
157-
61 F Kearns Disch Fin -CCP# 49,5/25 -Prop Agmt With PAL to Administer
Mayor's Summer Youth Program
ADOPT D/C
APP AS AMENDED
158-
62. Russell Policy For Selling Surplus, Worn -Out and Obsolete
City -Owned Assets
ADOPT RESOLVES REM TO FIN
159-
63. Smith HRM- Assembly Bill# Al 0916A and Senate Bill# S7664 -A
In Regards to All High Stadium
ADOPT
160-
64. Smith Redirecting Bond Site Funds Site Improvements -
Adjacent All High Stadium
ADOPT
161-
65. Smith Trailblazing Signage- Firefighter Croom
ADOPT
162-
66. Smith Felicitations in Memorium
ADOPT
163-
67. Smith Comm of Deeds Public Duties
ADOPT
164-
68. Smith Comm of Deeds
ADOPT
SUBMISSION LIST OF COMMITTEE ITEMS FOR THE COUNCIL MEETINGS
CLAIMS
Personal Injury
76-
A -1. Ray Aponte
$
19,432.00
APP
A -2. Lizetta Bosley
$
17,000.00
APP
A -3. Irene Brown
$
10,000.00
APP
A -4. Joseph Carrier p /n /g Chassity Carrier
$
7,500.00
APP
A -5. Annette Coleman
$
14,000.00
APP
A -6. Phillip Ferguson
$
6,000.00
APP
A -7. Stephen Ferranti
$
40,000.00
APP
A -8. Anthony A./ Darcia M. Golda
$
75,000.00
APP
A -9. Theresa Morgan
$
15,000.00
APP
A -10. Roxanne Ojeda
$ 335,000.00
APP
A -11. Papus Sambola
$
90,000.00
APP
A -12. David Siedlecki
$ 200,000.00
APP
A -13. Gary Slomba
$
9,000.00
APP
A -14. Deborah Staszak, as Adm. of the Est. of Dorothy J. Kroll
$
143,000.00
APP
A -15. Corinda Stevenson p /n /g Jessica Hendrix
$ 5,000.00
APP
A -16. Albert Tallchief
$
45,000.00
APP
A -17. Michael E. Triggs
$
3,000.00
APP
Property Damage
77-
B -1. Lynn Barnes
$
700.00
APP
B -2. Kevin Bohn
$
126.70
APP
B -3. Rashad Bridgers
$
1,333.95
APP
B -4. Brandy Crawley
$
1,060.00
APP
B -5. Rita Falcone
$
225.54
APP
B -6. Erika Hedberg
$
1,598.63
APP
B -7. Thomas Kistler
$
216.25
APP
B -8.
Wade Lewis
$
320.81
APP
B -9.
Kevin Luthringer
$
1,318.92
APP
B -10.
Julie Moran
$
500.00
APP
B -11.
Marie Rizzo
$
9,500.00
APP
B -12.
Ann & Thomas Sullivan
$
625.00
APP
B -13.
Leonard Wiggins
$
490.00
APP
Miscellaneous Reimbursement
78-
C -1.
Dana Braxton - Rasheed
$
1,940.00
APP
C -2.
Kathryn Gould
$
2,880.00
APP
C -3.
Adam & June Hatfield
$
1,200.00
APP
C -4.
Jessica Kane
$
90.00
APP
C -5.
Michael Mazgajewski
$
2.00
APP
Miscellaneous Invoices
79-
D -1.
Allied Waste Services
$
501.25
APP
D -2.
Allied Waste Services
$
140.28
APP
D -3.
Buffalo Small Animal Hospital
$
8,522.00
APP
D -4.
Chudy Paper Co.
$
215.11
APP
D -5.
Denall, Vitrano & Associates
$
467.25
APP
D -6.
First Niagara Risk Management
$
1,420.83
APP
D -7.
Gross Shuman Brizdle & Gilfillan
$
4,746.82
APP
D -8.
Hiscock Barclay
$
247.50
APP
D -9.
Hiscock Barclay
$
1,201.20
APP
D -10.
Jason Hodge
$
825.00
APP
D -11.
Manko Construction Services
$
8,396.63
APP
D -12.
McCann & McCann Reporting
$
251.25
APP
D -13.
New York State
$
2,275.00
APP
D -14.
New York State Dept. Environmental Conservation $ 3,546.75
APP
D -15.
Terra Viva /Concord Engineering & M &T Bank
$
13,962.00
APP
D -16.
University Medical
$
30.00
APP
80-
D -17.
Verizon
$
45,626.75
R &F
81-
D -18.
Verizon Wireless
$
249.19
APP
D -19.
Verizon Wireless
$
216.08
APP
D -20.
Verizon Wireless
$
251.77
APP
D -21.
Xerographic Solution $ 1,242.00
APP
Miscellaneous Reward
82-
E -1.
Tonitet McDowell
$
1,000.00
APP
Items
for Discussion
83-
F -1.
Allstate Insurance a /s /o Shirley Riedhammer
$
3,181.06
APP
84-
F -2.
Theresa Senger
$
199.45
APP
F -3.
Irene Younger
$
600.00
APP
CIVIL
SERVICE
85-
1. Com 34
May 25 Appt General Mechanic (Perm)(Inter)(Slomba)(PW)
APP
86-
2. Com 56
May 25 Notices of Appointments- Temp /Prov /Perm(Cty Clk)
R &F
FINANCE
87-
3. Com 13
May 25Affordable Housing /Neighborhood Stabilization Grants(Compt)
R &F
88-
4. Com 26
May 25 Change in Contract -City Wide Sidewalk Replacement(PW)
R &F
89-
5. Com 27
May 25 Change in Contract - Repair to City Pavements(PW)
R &F
90-
6. Com 28
May 25 Change Order for 2009 Citywide Tree Removal(PW)
RECOMMIT
91-
7. Com 29
May 25 Perm to Enter Into a One Year Contract Ext. W /NYS Industries
for the Disabled(PW)
APP
92-
8. No 76
May 25 P. Merlo -Bflo Wtr Bd Agmt With Veolia Wtr
N. America -NW LLC( #31,4/13)
APP
93-
9. Res 130Mar 30 Creation of Leak Abatement Program in the COB(Exec 1 sc Res)
R &F
94-
10. Com 5Jan
5 Audit Report -Div of Comp & Benefits -HR Response(Compt)
R &F
95-
11. Com 6Oct 13 Req to Renew and Amend Agmt Btwn COB and Fruitbelt Homeowners
And Tenants Council /Comm Action Organ of EC 326- 328,330,332 &
334High St (EII)(Strat Plan
APP
96-
12. Res 113July 21 Div of Real Estate to Begin Discussions With Bflo Legacy Corp
Re Devel of Nevilly Court(Exc 1 sc & 2 " res)
R &F
COMMUNITY DEVELOPMENT
97 -13.
Com 2
May 25 Abandonment -Sale- Portion of Cincinnati -Bflo Riverfest ( Strat Plan)(Hrg 6/8)
APP
98-
14. Com 9
May 25 Report of Sale -218 Orlando (Fill)(Strat Plan)
RECOMMIT
99-
15. No 66
May 25 SEQR - Buffalo Riverfest Park
ADOPT
100-
16. No 41
Jan 19 Magavern- PPG - Response Eliminating the BERC
R &F
101-
17. No 42
Jan 19 J. McGowan- WNYVA- Response Eliminating BERC
R &F
102-
18. No 40
Feb 2 M. LaVigne- Comments Reg Eliminating the BERC
R &F
103-
19. Com 27 Oct 27 City Employees Receiving Multiple Salaries(CS)
R &F
LEGISLATION
104-
20. No 67
May 25 G. Lamartina, Owner, Use 739 Elmwood For a Sit in Restaurant
W /Sidewalk Cafe(Nia) (hrg 6/1)
APP
105-
21. No 68
May 25 C. McCaffery, Owner, Use 2550 Delaware for a Freestanding Sign(no pub
hrg)(Del)
APP
106-
22. Com 39 May 25 Food Store License (New)473 Jefferson(Ell)(EDPI)
APP
107-
23. Com 43 May 25 Second Hand Dealer -1522 Genesee(Fill)(EDPI)
APP
108-
24. Com 46 May 25 Used Car Dealer -1526 William (Lov)(EDPI)
APP
109-
25. No 64
May 25 M. Romanowski - Kaleida Health's Supplement to The Petition to Amend
Fruit Belt Urban Renewal Area Boundary
R &F
110-
26. No 97
May 25 M. Romanowski - Kaleida Health- Petition to Amend Fruit Belt Urban
Renewal Area Boundry( #71, 5/11)
APP
111-
27. No 65
May 25 D. Sanders -J. Golombek -BMHA- Concerns Criminal Activities Laird Ave
R &F
112-
28. Res 98
May 11 LL Intro #1- Amending Charter Ch 18 Bd of Commissions Relating to Bd of Parking
APP
113-
29. Res 99
May 11 LL Intro #2- Amending Charter in Relation to Dept of Human Resources
APP
114-
30. Res 100 May 11
LL Intro #3- Amending Charter in Relation to Dept of Law
APP
115-
31. Res 101 May 11
LL Intro #4- Amending Charter in Relation to Creation of Dept of Parkina
RECOMMIT
116-
32. Res 102 May 11
LL Intro #5- Amending Charter in Relation to Dept of EDPIS
APP
117-
33. Res 103 May 11
Ordinance Amend -Ch 307, Parking and Parking Lots
APP
118-
34. Com 28 April 27
72 -76 Pearl St- Proposed Revocable License Agmt- Seneca St ROW(PW)
APP
SPECIAL
COMMITTEES
EDUCATION
119-
35. No 35 Nov 24
L.P. Ciminelli -Board Packet Documents November 2009
R &F
120-
36. No 44 Feb 16
LP Ciminelli Monthly Board Packet Documents - February 2010
R &F
121-
37. No 50 Mar 30
LP Ciminelli Board Packet Documents March 2010
R &F
122-
38. No 59 May 11
LP Ciminelli -Bd Packet Documents April 2010
R &F
123-
39. No 50 Mar 16
D. Smith -Five Point Blk Club- Endorse Use of 300 Manhattan
for Bflo Schools
R &F
124-
40. Com 8 Feb 17
School 36 -40 Days Park
R &F
125-
41. No 42 Nov 24
N. Mauri- Request for Bus Transportation to Suburb School
R &F
126-
42. No 44 Nov 24
D. Murphy -Days Park BC Supports Elmwood Village
Charter School 10 Days Park
R &F
127-
43. No 19 Jan 6
LP Ciminelli -Board Packet Documents January 2009
R &F
128-
44. No 53 Nov 12
D. Smith -A Concept Paper for a Health Education and Support Center_R &F
BUDGET
129-
45. Com 24 Apr 27
Budget Hearings Schedule FY 2010-2011 (CC Pres)
R &F
130-
46. No 54 Apr 27
Fontana - Council's Budget Work Shops FY 2010 -2011
R &F
131-
47. Com 2 May 11
Fiscal Year 2010 -2011 Budget Overview(Mayor)
R &F
132-
48. Com 15 May 25
Budget Response- Comptroller(Compt)
R &F
133-
49. Com 1 May 25
Response 2010 -2011 Budget Hearing Requested Info(Mayor)
R &F
134-
50. Com 16 May 25
R. Calipari- 2010 -2011 Budget Hearing Requested Info(Compt)
R &F
135-
51. Com 17 May 25
D. Fiskin- 2010 -2011 Budget Hearing Requested Info(Compt)
R &F
136-
52. Com 18 May 25
A. Forti - Sciarrino- 2010 -2011 Budget Hearing Requested Info(Compt)
R &F
137-
53. Com 19 May 25
D. Mcphearson- 2010 -2011 Budget Hearing Requested Info(Compt)
R &F
138-
54. Com 22 May 25
Response 2010 -2011 Budget Hearing Requested Info(Asmt)
R &F
139-
55. Com 24 May 25
Response- 2010 -2011 Budget Hearing Requested Info(MIS)
R &F
140-
56. Com 50 May 25
Response 2010 -2011 Budget Hearing Requested Info(Comm Svs)
R &F
141-
57. Com 35 May 25
Overtime Policy Request(Fire)
R &F
142-
58. Com 25 Dec 8
First Quarter Gap 2009- 2010(A &F)
R &F
143-
59. No 47 Nov 24
G. Scott - Colored Musicians Club, Inc. of WNY Request
Funding From Upcoming COB Budget
R &F
144-
60. No 46 May 26
3 rd Quarter Gap FY 2008- 09(A &F)
R &F
145-
61. Com 5 June 9
Response Info Requested Regarding Budget(Compt)
R &F
146-
62. Com 42 June 23
Vacancies and Communication Devices(Comm Serv)
R &F
FROM THE MAYOR
FROM THE MAYOR - EXECUTIVE DEPARTMENT
FROM THE OFFICE OF CITIZEN SERVICES
NO 1
CIT SERV- SUBMISSION FO GROUP WORKCAMPS FOUNDATION
The Office of Mayor, Division of Citizen Services, hereby submits, for your Honorable Body's review and approval, our request for Group
Workcamps Foundation to provide minor home rehabilitation repairs to 65 -72 residents in the City of Buffalo. Over 400 teenage and adult volunteers
will come to the City of Buffalo during the week of June 20 -26, 2010 to provide these much needed services for elderly, disabled and low- income
residents. In performing these repairs for the residents of the City of Buffalo, we respectfully request fee waivers for construction permits that may
be required to perform the repairs.
The workcamp provides free home repairs to many residents throughout many of the City's councilmatic districts. Some of the repairs that are
provided include: painting, wheelchair ramps, skirting, weatherization and porch repairs. Each volunteer pays for the experience of working within
our community. Attached you will find a list of homes that are to receive repairs during the week of June 20 -26, 2010.
The Group Workcamps Foundation is a non - profit, interdenominational Christian volunteer home - repair organization headquartered in Loveland,
Colorado. This summer, an anticipated 30,000 young people and adults will participate in 64 Workcamps in communities across the United States
and Canada. This year marks the fourth summer they will visit the City of Buffalo.
Oswaldo Mestre Jr.
Director, Citizen
Mr. Fontana moved:
That the above Communication dated June 2, 2010 from the Director of Citizens Services be received and filed and that Departments of EDPIS and
Public Works are hereby authorized to waive the construction permit fees associated with repairs to properties included on the list attached to the
Communication.
PASSED
AYES -9 NOES -0
NO2
CIT SERV- SUBMISSION OF MONTHLY REPORT -MAY 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 May 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 -NEG DECLARATION -351 GRIDER ST (MAS)
NEGATIVE DECLARATION
NOTICE OF DETERMINATION OF NON- SIGNIFICANCE
This notice is issued pursuant to Part 617 of the implementing regulations pertaining to the New York State Environmental Quality Review Act
(SEAR), Article 8 of the New York State 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 SEAR, the Lead Agency has reviewed the following action as it relates to the environment:
Action Title Grider Community Gardens
Location 351 Grider Street
Type of Action: Unlisted- Uncoordinated
Description: Kideney Architects on behalf of Grider Community Gardens LLC is proposing to build a farmers market located at 351 Grider Street,
Buffalo New York. Grider Community Gardens LLC is undertaking an initiative to provide the residents of the Grider Street community with healthy
fresh fruits and vegetables through the development of this market. The project entails the construction of an asphalt paved surface within a fenced
and gated perimeter screened with landscaping. In addition the project will provide two small vest pocket parks along Grider Street with benches and
waste receptacles over a paved patio with small flowering trees and landscaping. Construction is intended to begin in one month. The project will be
funded privately and cost approximately $250.000.
As a result of this Environmental Review, the Lead Agency has determined the undertaking of this action will not have a significant adverse impact
on the quality of the environment. No further environmental review of this action will be conducted prior to project implementation and a Draft
Environmental Impact Statement will not be prepared.
Reasons Supporting This Determination: The facts and reasons for this decision are as follows: the project will allow the Grider Street community to
have fresh fruits and vegetables available to them from area farmers helping to provide a health benefit to the residents as well as provide an
aesthetically pleasing environment for visitors to sit and relax. The identified potential negative impacts appear to be primarily short -term site
preparation and construction related activities, and do not appear to be significant in magnitude or effect. There are no actions, which will have a
significant adverse impact on the environment,
For further information relative to this Negative Declaration, contact Mr. Martin Grunzweig, Land Use Controls Coordinator, Room 901 City Hall,
Buffalo, New York 14202 - 716 851 -5085.
Dated: June 1, 2010
FROM THE OFFICE OF STRATEGIC PLANNING
N04
STRAT PLAN -AMEND LEASE AGMT BTWN COB & GRASSROOTS GARDENS - CURTISS ST(FILL)
Amend Lease Agreement Between City of Buffalo and Grassroots Gardens of Buffalo to Include attached list of lots sponsored by Curtis Street
Urban Farm Foundation
Item No. 12, C.C.P. 10/3/2006
In the above referenced item your Honorable Body approved a lease agreement between the City of Buffalo and Grassroots Gardens of Buffalo, Inc.
The agreement allows Grassroots Gardens of Buffalo, Inc. to add additional garden locations during the term of the lease.
The Office of Strategic Planning, Division of Real Estate, received a request from Grassroots Gardens of Buffalo, Inc. to amend the lease between
the City of Buffalo and Grassroots Gardens of Buffalo, Inc. to include the attached list of properties, all sponsored by Curtis Street Urban Farm
Foundation (CUFF), c/o Erwin Rackozy, 4850 Ransom Rd. Clarence, NY 14031, 480 -3290.
The request was reviewed by the Land Use Planning Committee at their meeting on May 19, 2010. The Committee had no objections to releasing
the vacant city owned parcels for use as community gardens. All other terms and conditions of the lease approved by the Common Council on
October 3, 2006 for the period of September 1, 2006 through October 31, 2010, shall remain the same.
I am recommending that your Honorable Body approve amending the lease agreement between the City of Buffalo and Grassroots Gardens of
Buffalo, Inc. to include the attached list. I am further recommending that the Corporation Counsel be authorized to prepare the necessary
documents to amend the lease and that the Mayor be authorized to execute the same.
Mr. Fontana moved:
That the above communication from the Office of Strategic Planning dated June 2, 2010, be received and filed; and
That the Director of Real Estate be, and he hereby is authorized to amend the lease between the City and - Grassroots Gardens of Buffalo, Inc., to
include the attached list of properties, all sponsored by Curtis Street Urban Farm Foundation, c/o Erwin Raekozy, 4850 Ransom Road, Clarence,
NY. All other terms and conditions of said lease agreement shall remain the same. That the Acting Corporation Counsel be authorized to prepare the
necessary documents to amend the lease and that the Mayor be authorized to execute the same.
PASSED
AYES -9 NOES -0
N06
STRAT PLAN -AMEND LEASE AGMT BTWN COB & GRASSROOTS GARDENS
193 -195 WAKEFIELD (MAS)
Amend Lease Agreement Between City of Buffalo and Grassroots Gardens of Buffalo to Include 193 & 195 Wakefield
Item No. 4, C.C.P. 10/3/2006
In the above referenced item your Honorable Body approved a lease agreement between the City of Buffalo and Grassroots Gardens of Buffalo, Inc.
The agreement allows Grassroots Gardens of Buffalo, Inc. to add additional garden locations during the term of the lease.
The Office of Strategic Planning, Division of Real Estate, received a request from Grassroots Gardens of Buffalo, Inc. to amend the lease between
the City of Buffalo and Grassroots Gardens of Buffalo, Inc. to include the following properties:
Address Sponsor
193 & 195 Wakefield Wakefield Avenue Block Club
c/o FLARE Community Center
100 Wakefield Avenue, Buffalo, NY 14214
Contact Person - Phyllis Harris, Treasurer
The request was reviewed by the Land Use Planning Committee at their meeting on April 15, 2010. The Committee had no objections to releasing
the vacant city owned parcels for use as community gardens. All other terms and conditions of the lease approved by the Common Council on
October 3, 2006 for the period of September 1,2006 through October 31, 2010, shall remain the same.
I am recommending that your Honorable Body approve amending the lease agreement between the City of Buffalo and Grassroots Gardens of
Buffalo, Inc. to include 193 and 195 Wakefield Avenue. I am further recommending that the Corporation Counsel be authorized to prepare the
necessary documents to amend the lease and that the Mayor be authorized to execute the same.
Mr. Fontana moved:
That the above communication from the Office of Strategic Planning dated June 2, 2010, be received and filed; and
That the Director of Real Estate be, and he herby is authorized to amend the lease between the City and Grassroots Gardens of Buffalo, Inc., to
include 193 and 195 Wakefield Avenue. All other terms and conditions of said lease agreement shall remain the same. That the Acting Corporation
Counsel be authorized to prepare the necessary documents to amend the lease and that the Mayor be authorized to execute the same.
PASSED
AYES -9 NOES -0
N06
STRAT PLAN - CHANGE ORDER #2 -1318 NIAGARA (NIA)
Contract Change Order 2 1318 Niagara Street
Environmental Investigation And Cleanup
Item No. 33, C.C.P. 04/03/07;
Item No. 14, C.C.P. 04/03/09;
Item No. 6, C.C.P. 05/11/09
Item No. 4, C.C.P. 02/02/2010
The City of Buffalo has begun to undertake an Environmental Investigation end cleanup at the 1318 Niagara Street property. The project is being
done in conjunction with a New York State Assistance Contract (SAC) under the Environmental Restoration Program. The SAC will reimburse the
City for 90% of the allowable project costs. The City is the current owner of the property.
Per the approval of this Honorable Body, the City has contracted with LiRo Engineers, Inc. (contract No. 93000465) as the City's consultant and
oversight engineer on the project. At the behest of NYSDEC, to expeditiously continue with the project the City intends allowed LiRo to subcontract
with the New York State Department of Environmental Conservation's (NYSDEC) Standby Remediation Contractor, for the remediation of the 1318
Niagara Street property. The Standby Remediation Contractor's contract with the NYSDEC was competitively procured in accordance with State
Finance Law.
The proposed use of the Standby Remediation Contractor to LiRo has been reviewed by City Corporation Counsel, found to be in accordance with
General Municipal Law and acceptable as a contracting mechanism.
LiRo submitted an estimated cost of $360,413.46 to the City and the NYSDEC for the remaining tasks to be completed on this project. The City end
the NYSDEC have found this cost to be appropriate for the work to be completed. It is understood that funds are available for this project from the
City's environmental remediation bond account #31810006 - 445100.
Therefore, it is the City's intent to have LiRo Engineers, Inc. subcontract, using those rates end fees outlined in the NYSDEC Standby Contract with
the NYSDEC, to undertake the remediation of the 1318 Niagara Street property.
I respectively request that your Honorable Body authorize an additional $360,413.46 for the 1318 Niagara Street remediation project as set forth
above.
Mr. Fontana moved:
That the above communication from the Office of Strategic Planning dated May 17, 2010, be received and filed; and
That the Executive Director of the Office of Strategic Planning be, and he hereby is authorized to issue change order for an additional $360,413.46,
to LiRo, as more fully described in the above communication, for work relating to 1318 Niagara Street remediation project, contract No. 93000465;
90% of which will be reimbursed from the New York State Assistance Contract. Funds for this project are available in the City's environmental
remediation bond account #31810006 - 445100.
PASSED
AYES -9 NOES -0
N07
STRAT PLAN - RESPONSE 181 & 207 STANTON ST, #62, CCP 5/11/2010(FILL)
Re: Item # 62, C.C.P. 5/11/2010
Dear Mr. Jaskula:
The above referenced item was forwarded to this office for a response and recommendation. The item is a request from Ruby Davis requesting that
the City of Buffalo donate vacant lots located at 181 and 207 Stanton Street to School #31.
As Your Honorably knows, the Buffalo Board of Education does not own its school buildings and grounds. The school properties are owned by the
City of Buffalo on behalf of the Buffalo Board of Education.
Any requests for the use and control of city -owned properties for school purposes should come from the Buffalo Board of Education.
I am recommending that the item be forwarded to the Buffalo Board of Education for its consideration of the request.
Yours truly
John P. Hannon, Jr
Director of Real Estate
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT
N08
STRAT PLAN - REPORT OF SALE 482 BUSTI(ELL)
483 Busti, 285' NW Pennsylvania Lot Size: 20'x 132'
Assessed Valuation: $2,100.00 (Ellicott District)
The Office of Strategic Planning, Division of Real Estate has received a request from Mrs. Kathleen Cruz, 477 Seventh Street, Buffalo, New York
14201 to purchase 483 Busti. Mrs. Cruz owns a two family house at 485 Busti, which is adjacent to 483 Busti. She intends to use the vacant lot for
additional green space.
The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no
objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser.
The Division of Real Estate has investigated the sale of similar lots in the subject area. Sales range from Sixty Cents ($.60) to One Dollar ($1.00),
per square foot.
Mrs. Cruz has agreed and is prepared to pay One Thousand Seven Hundred Dollars ($1,700.00), Sixty Five Cents ($.65) 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 483 Busti to Mrs. Cruz in the amount of One Thousand Seven Hundred Dollars
($1,700.00). 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.
JOHN P. HANNON, JR.
DIRECTOR OF REAL ESTATE OF STRATEGIC PLANNING
Mr. Fontana moved:
That the above communication from the Office of Strategic Planning dated June 1, 2010, be received and filed; and
That the offer from Mrs. Kathleen Cruz, residing at 477 Seventh Street, in the sum of One Thousand and Seven Hundred Dollars ($1,700.00) for
the purchase of 483 Busti, 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
STRAT PLAN - REPORT OF SALE 39 CLARK (FILL)
39 Clark, 70' S Peckham Lot Size: 30'x 89' Assessed Valuation: $1,400.00 (Fillmore District)
The Office of Strategic Planning, Division of Real Estate has received a request from Mr. William J. Wroblewski, 37 Clark, Buffalo, New York 14206
to purchase 39 Clark. Mr. Wroblewski owns and resides at 37 Clark, which is adjacent to 39 Clark. He intends to use the vacant lot for additional
green space.
The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no
objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser.
The Division of Real Estate has investigated the sale of similar lots in the subject area. Sales range from Thirty -Five Cents ($.35) to Sixty Cents
($.60), per square foot. Mr. Wroblewski has agreed and is prepared to pay One Thousand Six Hundred Dollars ($1,600.00), Sixty Cents ($.60) per
square foot for the subject property. He has also agreed to pay for the cost of the transfer tax and recording fees.
I am recommending that Your Honorable Body approve the sale of 39 Clark to Mr. William Wroblewski in the amount of One Thousand Six Hundred
Dollars ($1,600.00). 1 am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and
that the Mayor be authorized to execute the same.
JOHN P. HANNON, JR.
DIRECTOR OF REAL ESTATE OFFICE
OF STRATEGIC PLANNING
Mr. Fontana moved:
That the above communication from the Office of Strategic Planning dated June 1, 2010, be received and filed; and
That the offer from Mr. William J. Wroblewski, residing at 37 Clark Street, in the sum of One Thousand and Six Hundred Dollars ($1,600.00) for the
purchase of 39 Clark, be and hereby is accepted; and
That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and
That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to
execute the same, in accordance with the terms of sale upon which the offer was submitted.
PASSED
AYES -9 NOES -0
NO 10
STRAT PLAN - REPORT OF SALE -55 HIRSCHBECK(FILL)
55 Hirschbeck, 532.74' N Broadway Lot Size: 30'x 110' Assessed Valuation: $1,700.00
(Fillmore District)
The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Manuel Perez, 53 Hirschbeck Street, Buffalo, New York
14212 to purchase 55 Hirschbeck. Mr. Perez owns and resides at 53 Hirschbeck, which is adjacent to 55 Hirschbeck. He intends to use the vacant
lot for additional green space.
The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no
objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser.
The Division of Real Estate has investigated the sale of similar lots in the subject area. Sales range from Forty Five Cents ($.45) to Sixty Five Cents
($.65), per square foot.
Mr. Perez has agreed and is prepared to pay One Thousand Seven Hundred Dollars ($1,700.00), Fifty Cents ($.50) per square foot for the subject
property. He has also agreed to pay for the cost of the transfer tax and recording fees.
I am recommending that Your Honorable Body approve the sale of 55 Hirschbeck to Mr. Manuel Perez in the amount of One Thousand Seven
Hundred Dollars ($1,700.00). 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.
JOHN P. HANNON, JR.
DIRECTOR OF REAL ESTATE
OFFICE OF STRATEGIC
Mr. Fontana moved:
That the above communication from the Office of Strategic Planning dated June 1, 2010, be received and filed; and
The Office of Strategic Planning, Division of Real estate has received a request from Mr. Manuel Perez, residing at 53 Hirschbeck Street the sum of
One Thousand and Seven Hundred Dollars ($1,700.00) for the purchase of 55 Hirschbeck, 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
STRAT PLAN - REPORT OF SALE -19 MILLS (FILL)
19 Mills, 165.26' N Broadway Lot Size: 30'x 11 3' Assessed Valuation: $1,700.00
(Fillmore District)
The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Roland Pikuzinski and Mrs. Lottie Pikuzinski, 23 Mills
Street, Buffalo, New York 14212 to purchase 19 Mills. Mr. and Mrs. Pikuzinski own and reside at 23 Mills, which is adjacent to 19 Mills. They intend
to use the vacant lot for additional green space.
The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no
objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchasers.
The Division of Real Estate has investigated the sale of similar lots in the subject area. Sales range from Forty -Five Cents ($.45) to Eighty Cents
($.80), per square foot.
Mr. and Mrs. Pikuzinski have agreed and are prepared to pay One Thousand Seven Hundred Dollars ($1,700.00), Fifty Cents ($.50) per square foot
for the subject property. They have also agreed to pay for the cost of the transfer tax and recording fees.
I am recommending that Your Honorable Body approve the sale of 19 Mills to Mr. and Mrs. Pikuzinski in the amount of One Thousand Seven
Hundred Dollars ($1,700.00). 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 June 1, 2010, be received and filed; and
That the offer from Mr. Roland Pikuzinski and Mrs. Lottie Pikuzinski, residing at 23 Mills Street, in the sum of One Thousand and Seven Hundred
Dollars ($1,700.00) for the purchase of 19 Mills 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 12
STRAT PLAN - REPORT OF SALE 95 NORTHAMPTON (ELL)
95 Northampton, 332' E Ellicott Lot Size: 25'x 146' Assessed Valuation: $1,400.00 (Ellicott District)
The Office of Strategic Planning, Division of Real Estate has received a request from Mrs. Lenka Kupkova, 62 Norfolk Street, Suite #3, Cambridge,
Massachusetts 02139 to purchase 95 Northampton. Mrs. Kupkova owns a two family house at 91 Northampton, which is adjacent to 95
Northampton. She intends to use the vacant lot for additional green space.
The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no
objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser.
The Division of Real Estate has investigated the sale of similar lots in the subject area. Sales range from Thirty -Five Cents ($.35) to Seventy -Five
Cents ($75), per square foot.
Mrs. Kupkova has agreed and is prepared to pay One Thousand Five Hundred Dollars ($1,500.00), Forty Cents ($.40) 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 95 Northampton to Mrs. Lenka Kupkova 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.
JOHN P. HANNON, JR.
DIRECTOR OF REAL ESTATE
OFFICE OF STRATEGIC PLANNING
Mr. Fontana moved:
That the above communication from the Office of Strategic Planning dated June 1, 2010, be received and filed; and
Cambridge, Massachusetts 02139 in the sum of One Thousand and Five Hundred Dollars ($1,500.00) for the purchase of 95 Northampton, 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 13
START PLAN - REPORT OF SALE -50 POULTNEY (UNIV)
50 Poultney, 532.60' N Kensington Lot Size: 45'x 112' Assessed Valuation: $4,900.00
(University District)
The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Willie C. Wilson and Mrs. Elise C. Wilson, 46 Poultney
Avenue, Buffalo, New York 14215 to purchase 50 Poultney. Mr. and Mrs. Wilson own and reside at 46 Poultney, which is adjacent to 50 Poultney.
They intend to use the vacant lot for additional green space.
The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no
objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchasers.
The Division of Real Estate has investigated the sale of similar lots in the subject area. Sales range from Forty -Five Cents ($.45) to Eighty Cents
($.80), per square foot.
Mr. and Mrs. Wilson have agreed and are prepared to pay Three Thousand Dollars ($3,000.00), Sixty Cents ($.60) per square foot for the subject
property. They have also agreed to pay for the cost of the transfer tax and recording fees.
I am recommending that Your Honorable Body approve the sale of 50 Poultney to Mr. and Mrs. Wilson in the amount of Three Thousand Dollars
($3,000.00). 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.
JOHN P. HANNON, JR.
DIRECTOR OF REAL ESTATE
OFFICE OF STRATEGIC PLANNING
Mr. Fontana moved:
That the above Communication from the Director of Real Estate is received and filed and that the Sale of 50 Poultney to Mr. And Mrs. Willie C.
Wilson, residing at 46 Poultney Avenue for $$3,000 is hereby approved, provide that the Purchaser pay the costs of recording and the Office of
Strategic Planning is authorized to prepare the necessary documents to transfer the property and the Mayor is authorized to execute the same.
PASSED
AYES -9 NOES -0
NO 14
STRAT PLAN - REPORT OF SALE 80 REED (FILL)
80 Reed, 689.56' S Sycamore Lot Size: 30'x 115' Assessed Valuation: $1,600.00 (Fillmore District)
The Office of Strategic Planning, Division of Real Estate has received a request from Mrs. Beverly Weary, 72 Reed Street, Buffalo, New York 14212
to purchase 80 Reed. Mrs. Weary owns and resides at 72 Reed and also owns the two family house at 74 Reed, which are adjacent to 80 Reed.
She intends to use the vacant lot for additional green space.
The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no
objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser.
The Division of Real Estate has investigated the sale of similar lots in the subject area. Sales range from Thirty -Two Cents ($.32) to Sixty Cents
($.60), per square foot.
Mrs. Weary has agreed and is prepared to pay One Thousand Four Hundred Dollars ($1,400.00), Forty Cents ($.40) 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 80 Reed to Mrs. Beverly Weary in the amount of One Thousand Four Hundred
Dollars ($1,400.00). 1 am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and
that the Mayor be authorized to execute the same.
JOHN P. HANNON, JR.
DIRECTOR OF REAL ESTATE
OFFICE OF STRATEGIC PLANNING
Mr. Fontana moved:
That the above communication from the Office of Strategic Planning dated June 1, 2010, be received and filed; and
That the offer from Mrs. Beverly Weary, residing at 72 Reed Street, in the sum of One Thousand and Four Hundred Dollars ($1,400.00) for the
purchase of 80 Reed Street, be and hereby is accepted; and
That the transfer tax, recording fees and cost Oflegai 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 15
STRAT PLAN - REPORT OF SALE 109 SCHUTRUM (FILL)
109 Schutrum, 177.65' N Pullman Lot Size: 45'x 110' Assessed Valuation: Land $2,300.00 Total $15,000.00
(Fillmore District)
The Office of Strategic Planning, Division of Real Estate has received a request from Mrs. Cherie M Ciaudella, 2219 Bailey Avenue, Buffalo, New
York 14211 to purchase 109 Schutrum Street. Mrs. Ciaudella intends to renovate and bring the property into code compliance and use as an income
property. The estimated cost of renovations is Three Thousand One Hundred Fifty Dollars ($3,150.00). Mrs. Ciaudella has provided plans to
rehabilitate the house and proof of financial ability to complete the purchase and the repairs.
The property consists of 912 square feet, one story, single frame ranch house in poor to fair condition situated on a lot 45' x 110'. The property was
acquired by the City through In Rem #41, October 2007. There have been no other serious offers for the property, since being acquired by the City.
The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no
objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser.
The Division of Real Estate has investigated the sale of similar properties in the subject area. Sales range from Five Dollars and Ten Cents ($5.10)
to Eight Dollars and Fifty Cents ($8.50), per square foot of living area.
Mrs. Ciaudella has agreed and is prepared to pay Five Thousand Five Hundred Dollars ($5,500.00), Six Dollars ($6.00) per square foot of living area
for the subject property. She has also agreed to pay for the cost of the transfer tax and recording fees.
As a matter of disclosure, Mrs. Cherie Ciaudella is an employee in the Department of Public Works and has complied with all procedures to acquire
this property.
I am recommending that Your Honorable Body approve the sale of 109 Schutrum to Mrs. Cherie Ciaudella in the amount of Five Thousand Five
Hundred Dollars ($5,500.00). 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
John P. Hannon, Jr.
Director of Real Estate
Office of Strategic Planning
Mr. Fontana moved:
That the above communication from the Office of Strategic Planning dated June 1, 2010, be received and filed; and
That the offer from Mrs. Cherie M. Ciaudella, residing at 2219 Bailey Avenue. in the sum of Five Thousand and Five Hundred Dollars ($5,500.00)
for the purchase of 109 Schutrum 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. 16
REPORT OF SALE
383 SEVENTH, 22.50' SE HUDSON
LOT SIZE: 23'X 81'
ASSESSED VALUATION: $1,800.00
(ELLICOTT DISTRICT)
The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Daniel Figueroa and Mrs. Elba I. Figueroa, 431 Auburn,
Buffalo, New York 14213 to purchase 383 Seventh Street. Mr. and Mrs. Figueroa own a two family house at 385 Seventh, which is adjacent to 383
Seventh. They intend to use the vacant lot for additional green space.
The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no
objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchasers.
The Division of Real Estate has investigated the sale of similar lots in the subject area. Sales range from Sixty Cents ($.60) to One Dollar($1.000),
per square foot.
Mr. and Mrs. Figueroa have agreed and are prepared to pay One Thousand Five Hundred Dollars ($1,500.00), Eighty Cents ($.80) per square foot
for the subject property. They have also agreed to pay for the cost of the transfer tax and recording fees.
I am recommending that Your Honorable Body approve the sale of 383 Seventh to Mr. and Mrs. Figueroa 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 June 1, 2010, be received and filed; and
That the, offer from Mr Daniel Figueroa and Mr Elba 1. Figueroa, residing at -431 Auburn Avenue, in the sum of One Thousand and Five Hundred
Dollars ($1,500.00) for the purchase of 383 Seventh 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,
PASSED
AYES -9 NOES -0
NO. 17
REPORT OF SALE
21 SPRUCE, 200' N BROADWAY
LOT SIZE: 31'X 106'
ASSESSED VALUATION: $1,600.00
23 SPRUCE, 232' N BROADWAY
LOT SIZE: 22'X 106'
ASSESSED VALUATION: .$4,100-00 ...............
25 SPRUCE, 231' N BROADWAY
LOT SIZE: L'X 106'
ASSESSED VALUATION: $100.00
(EILICOTT DISTRICT)
The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Samuel N. Jarrett, 272 Walnut Street, Buffalo, New York
14204 to purchase 21, 23 and 25 Spruce Street. Mr. Jarrett owns and resides at 272 Walnut, which is adjacent to 21, 23 and 25 Spruce. He
intends to use the vacant lot for additional green space.
The Division of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have
no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser.
The Division of Real Estate has investigated the same of similar lots in the subject area.
Sales range from Fifty Cents ($.50) to One Dollar ($1.00), per square foot.
Mr. Jarrett has agreed and is prepared to pay Three Thousand Four Hundred Dollars ($3,400.00), Sixty Cents ($.60) per square foot for the subject
properties. He has also agreed to pay for the cost of the transfer tax and recording fees.
I am recommending that Your Honorable Body approve the sale of 21, 23 and 25 Spruce to Mr. Samuel Jarrett in the amount of Three Thousand
Four Hundred Dollars ($3,400.00). 1 am further recommending that the Office of Strategic Planning prepare the necessary documents for the
transfer of title and that the Mayor be authorized to execute the same.
Mr. Fontana moved:
That the above communication from the Office of Strategic Planning dated June 1, 2010, he received and filed; and
That the offer from Mr. Samuel N. Jarret residing at 272 Walnut Street in the sum of Three Thousand and Four Hundred Dollars ($3,400.00) for the
purchases of 21, 23 and 25 Spruce, be and they hereby are accepted; and
That the transfer taxes, recording fees and cost of legal descriptions shall be paid by the purchaser; and
That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of 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. 18
REPORT OF SALE
377 SWEET, 184.38' N SYCAMORE
LOT SIZE: 30'X 94'
ASSESSED VALUATION: $1,500.00
(FILLMORE DISTRICT)
The Office of Strategic Planning, Division of Real Estate has received a request from Mr. M. Ibrahim Memon, Property Manager of Darul -Uloom AI-
Madania Inc., 182 Sobieski Street, Buffalo, New York 14212 to purchase 377 Reed. Darul -Uloom AI- Madania Inc. own various properties in the
area, specifically 373 Sweet, a residential vacant lot, 375, 381 and 383 Sweet, all two family houses. They intend to use the vacant lot for additional
green space.
The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no
objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser.
The Division of Real Estate has investigated the sale of similar lots in the subject area. Sales range from Forty Cents ($.40) to Fifty Five Cents
($.55), per square foot.
Darul -Uloom AI- Madania Inc. has agreed and is prepared to pay One Thousand Four Hundred Dollars ($1,400.00), Fifty Cents ($.50) per square
foot for the subject property. They have also agreed to pay for the cost of the transfer tax and recording fees.
I am recommending that Your Honorable Body approve the sale of 377 Sweet to Mr. M. Ibrahim Memon of Darul -Uloom AI- Madania Inc. in the
amount of One Thousand Four Hundred Dollars ($1,400.00). 1 am further recommending that the Office of Strategic Planning prepare the
necessary documents for the transfer of title and that the Mayor be authorized to execute the same.
That the above communication from the Office of Strategic Planning dated June 1, 2010, be received and filed; and
That the offer from Mr. M. Ibrahim Memon, Property Manager of Darul -Uloom AI- Madania Inc, 182 Sobieski Street, in the sum of One Thousand
and Four Hundred Dollars ($1,400.00) for the purchase of 377 Sweet, 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. 19
RESCIND SALE & FORFEIT - DEPOSIT
23 HAUF
MR. WILLIAM ROBINSON
(MASTEN DISTRICT)
ITEM #89, C.C.P. 7/7/09
In the above referenced item Your Honorable Body approved the sale of 23 Hauf to Mr. William Robinson of 21 Hauf Street, Buffalo, New York.
Several notices have been mailed to Mr. Robinson to finalize the sale and close on the transfer of title. Final notice was sent on May 12, 2010
advising Mr. Robinson that failure to respond would result in the rescinding of the sale, forfeiture of the One Hundred Fifty Dollars ($150.00) deposit
and return of the property to our inventory for future sale. Mr. Robinson called this office and stated he is no longer interested in the property.
Therefore, I am recommending that Your Honorable Body approve rescinding the sale of 23 Hauf to Mr. William Robinson, 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 June 1, 2010, be received and filed; and
That the Executive Director of Strategic Planning be, and he hereby is authorized to
rescind the sale of 23 Haul and the deposit of $150.00 down payment is forfeited by Mr. William Robinson and that the property be returned to
inventory for sale.
PASSED
AYES -9 NOES -0
NO. 20
RESCIND SALE & FORFEIT DEPOSIT
325 KOONS
MR. JAMAR MCDUFFIE
(FILLMORE DISTRICT)
ITEM #87, C.C.P. 5/13/08
In the above referenced item Your Honorable Body approved the sale of 23 Hauf to Mr. Jamar McDuffie of 965 Kensington Avenue, Buffalo, New
York.
Several notices have been mailed to Mr. McDuffie to finalize the sale and close on the transfer of title. Final notice was sent on April 14, 2009
advising Mr. McDuffie that failure to respond would result in the rescinding of the sale, forfeiture of the Two Hundred Dollars ($200.00) deposit and
return of the property to our inventory for future sale. Mr. McDuffie has not responded to any of our notices.
Therefore, I am recommending that Your Honorable Body approve rescinding the sale of 325 Koons to Mr. Jamar McDuffie, 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 June 1, 2010, be received and filed; and
That the Executive Director of Strategic planning be and he hereby is authorized to rescind the sale of 325 Koons and the deposit of $200.00 down
payment is forfeited by Mr. Jamar McDuffie and that the property be returned to inventory for sale.
PASSED
AYES -9 NOES -0
NO. 21
CERTIFICATE OF NECESSITY
TRANSFER OF FUNDS
COMMON COUNCIL
We, Byron W. Mayor and Andrew A. SanFilippo, Comptroller, do hereby certify, pursuant to §20 -7 2 or the Charter„ that it is necessary that
the sum of $31,OOD be transferred and reappropriated within the Common Council, as set forth below:
From:
Councilmember 2
10103001 - 411001 Annual Salary $31,000.00
To:
City Clerk
10220006- 434000 Other Contractual Services $23,000.00
Legislative
10102001 - 412002 Hourly Salary $8,000.00
Dated: Buffalo, NY, May 19, 2010
RECEIVED AND FILED
NO. 22
CERTIFICATE OF NECESSITY
TRANSFER OF FUNDS
COMMON COUNCIL
We, Byron W. Brown, Mayor and Andrew SanFilippo, Comptroller, do hereby certify, pursuant to §20 -12 of the Charter, that it is necessary that
the sum of $22,000 be transferred and reappropriated within the Common Council, as set forth below:
From:
Legislative
10102001 - 411001 Annual Salary $22,000.00
To:
City Clerk
10220006 - 434000 Other Contractual Services $22,000.00
Dated: Buffalo, NY, May 24, 2010
RECEIVED AND FILED
NO. 23
INTERFUND LOAN
RECONSTRUCTION VARIOUS SCHOOLS $3,200,000
In the past, the City has provided interfund loans from the City General Fund to The City, Board and Enterprise Capital Projects Funds to implement
financing of the Capital Improvements Budget. The interfund loans are repaid when the Bond Anticipation Notes or Bonds are issued to finance
these projects.
The Buffalo Board of Education has requested that you approve an interfund cash loan from the General Fund to the City's Capital Projects Fund in
the amount of $537,100 against the 2010 City Capital Improvements Budget for the Reconstruction of Various Schools. There is currently, an
authorized but unissued Reconstruction of Various schools resolution for $3,200,000. The loan ($537,100) will be repaid when Bond Anticipatio
Notes or Bonds are issued on July 8,2010 in Fiscal year 2010 -11.
From To Account Repayment Date Total
General Capital Projects- 38795806 July 2010 537,106
Fund General
Reconstruction -
Various Schools
Pursuant to the City's Capital Budget /Debt Management Policy, subsequent to the approval of the Buffalo Fiscal Stability Authority, the City intends
to issue Bonds in the amount of $22,700,000 for City Projects and $4,900,000 for the Buffalo Board of Education during the Fiscal Year 2010/2011.
Currently, there is one City Projects with an outstanding interfund loan of $250,000. If this current request is approved, the City will be committed to
Seven Hundred and Eighty Seven Thousand and One Hundred Dollars ($787,100 ") in projects. Therefore, the future projects that can be interfund
loaned or included in the 2010/2011 debt issue will be limited to $26.812.900.
Bonds to be issued Fiscal Year 2010/2011 $27,600,000
(includes COB & BOE bond sale)
Approved Interfund Loans 250.000
$27,350,000
LESS
Current request' $ 537,100'
Balance available for FY 2010/2011
LESS:
Current request' $ 537,100" -
Balance available for FN 2010/2011
'Please be advised that once an interfund loan has been approved, the City is committed to the total cost of the project regardless of the amount
advanced.
Mr. Fontana moved:
That the above communication from the Comptroller dated May 26, 2010, be received and filed; and
Thai -the Comptroller be and he hereby is authorized to make an interfund cash loan from the General Fund to the City's Capital Projects Fund in the
amount of $537,100 against the 2010 City Capital Improvements Budget for the Reconstruction of Various Schools. The loan will be repaid when
Bond Anticipation Notes or Bonds are issued on July 8, 2010 in Fiscal year 2010 -11.
PASSED
AYES -9 NOES -0
FROM THE COMPTROLLER
NO. 24
APPOINT ASSOCIATE AUDITOR(PERM)(SECOND STEP)(SOMANI)
Appointment effective May 24, 2010 in the Department of Audit & Control, Division of Audit to the position of Associate Auditor, Permanent
Appointment at the second step of $45,206.00
Seema Somani, 12 Condon Avenue, Buffalo, NY 14207
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NO. 25
APPOINT JUNIORDATA CONTROL CLERK(PROV)(INTER)(GARTZ)
Appointment effective May 12, 2010 in the Department of Audit & Control, Division of Accounts Payable to the position of Junior Data Control Clerk,
Provisional Appointment at the intermediate step of $30,693.00
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
FROM THE COMMISSIONER OF MANAGEMENT INFORMATION SYSTEMS
NO. 26
APPROVAL FOR RENEWAL OF MICROSOFT ENTERPRISE AGREEMENT
FOR MICROSOFT SOFTWARE PRODUCTS
I request you approval to renew City's current Microsoft Enterprise Agreement for another 3 years. The current agreement (copy attached) was
signed in 2007 and expires in June, 2010. The agreement covers all the necessary licenses for all Microsoft Software that city uses on our hardware
(PC and Server). The agreement includes all versions of Windows Operating System, Microsoft Office Professional Edition, Server Software,
Microsoft Exchange, Share Point and SQL server (Note: all city databases are on SQL Server). The agreement includes free upgrades to any future
releases, premier 24x7 support, Training, Monitoring and deployment tools. The total cost of the agreement is $452,167.84). The funding for first
payment is in current year (2009) budget and the money for 2 nd payment is in Mayor's recommended budget for 2010. The copy of the renewal
agreement and cost break down is attached.
Mr. Fontana moved:
That the above communication from Management Information Systems dated May 27, 2010, be received and filed; and
That the Director of Management Information Systems be and he hereby is authorized to renew the Microsoft Enterprise Agreement for another 3
years for a total cost of $453,167.84. The funding for the first payment is in current year (2009) budget and the money for the second payment is in
the Mayor's recommended budget for2010.
PASSED
AYES -9 NOES -0
NO. 27
RESPONSE TO COMMON COUNCIL STAFF CORRESSPONDENCE DATED
5/26/10 REGARDING CS APPLICATIONS ONLINE AND ELECTRONIC FILING
#106 CCP MAY 25.2010
M.I.S. staff will work with Department of Human Resources on this project. A pilot project for online application filing was Gone in the past for Fire
Fighters exam. We will use the lessons learnt from that project to build an effective online civil service application filing solution for the city.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS
NO. 28
CHANGE IN CONTRACT BAILEY KENSINGTON EIRE STATION
CONSTRUCTION JOB #0810
UNIVERSITY DISTRICT
I hereby submit to your Honorable Body the following change for the Bailey Kensington Fire Station, Construction, HAVAC Work, John W. Danforth
Co., REFERRED TO THE COMMITTEE ON CIVIL SERVICE #93000310.
1. Furnish and install condensate drain pan and drain line to ACCU -1 ADD $2,344.00
In mechanical room 121 A, and stainless steel supports to elevate the units above the bottom of the pan.
The foregoing change results in a net increase in the contract of two thousand three hundred forty four and 00/100 Dollars($2,344.00)
Summary Original Contract Amount $369,000.00
Amount of this contract ADD $ 2,344.00
Revised Contract Amount $371,344.00
Costs have been reviewed by the consulting arch itect(StiegIitz Snyder Architecture) and the Department of Public Works, Parks and Streets and
were found to be fair and equitable. Funds for this work are available in 31320106 445100 - Buildings.
Mr. Fontana moved:
That the above communication from the Commissioner of Public Works, Parks and Streets dated May 28, 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. 1, to John W. Danforth Co.,
an increase in the amount of $2,344.00, as more fully described in the above communication, for work relating to Job NO T0810, Baiiey Kensington
Fire Station, Construction, HVAC Work, C #93000310. Funds for this project are available in 31320106 445 100 - Division of Buildings.
PASSED
AYES -9 NOES -0
NO. 29
CHANGE IN CONTACT
CITY WIDE SIDEWALK REPL. - 2009, GROUP 691
P & J CONSTRUCTION CO. INCCONTRACT 93000474
CORRECTS ITEM # 18 OF 5/25/2010
1 hereby submit to Your Honorable Body the following request additions to the contract for the above reference project. This change order is
necessary to extend previously bid unit quantities to assist DPW in maximizing its sidewalk program.
Original Contract Amount $764,148.00
Previous — 2hange Order (Approved by Council) $225,890.00
This Change Order (CO 2) $230,672.00
Total Contract to Date $1,220,710.00
Funds for this work are available in our Capital Account(s) 30032106 445100, 32311506 445100, an account to be named at a later date.
I Respectfully certify that this change order is fair and equitable for the work involved, and respectfully request that Your Honorable Body Approve
the subject change order and authorize the Commissioner of Public Works, Parks & Streets to issue said change order to PASSED &J Construction
Co, Inc
Mr. Fontana moved
That the above Communication dated May 17, 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# 2, to PASSED &J Construction Co, Inc, an increase in the amount of $230,672.00, as more fully
described in the above communication, for work relating to City -Wide Sidewalk Replacement -2009, Group# 691, Contract# 93000474, Funds for
this project are available in # 32311506 - 445100, #31310406 - 445100 & 30032106 - 4445100.
PASSED
AYES -9 NOES -0
NO. 30
CHANGE IN CONTRACT
REPAIR TO CITY PAVEMENTS GR #696
THOMAN ASPHALT PAVING CORP.
CONTRACT #93000469
CORRECTING ITEM # 19 OF 6/26/2010
1 hereby submit to your honorable Body the following additions to the contract for the above named Project. This
change order to restore pavement at various locations:
Itsm Item
Description
85.0 tons
Unit Price Estimate
Estimated
Quantity
04.215 Asphalt concrete full depth repair
for - watermain repair- including sawcut; $300 /ton
excavation; subbase course; asphalt binder
and top unurse
Cost
85.0 tons $25,500
Existing Contract Amount $98,650.00
Increase in Contract $25,500.00
Total Contract to Date $124,150.00
Funds for this work are in the Capital Projects Account #30032106 - 445100 & #32311506 - 445100.
I respectfully certify that this change order is fair and equitable for the work .involved, and respectfully request that Your Honorable Body approve the
subject change order and authorize the Commissioner of Public Works, Parks & Streets to issue said change order to Thomann Asphalt Paving
Corp.
Original Contract Amount $ 98,650.00
Previous Change Order $ 00.00
This Change Order (CO 1) $25.500.00
Total Contract to Date $124,150.00
Mr. Fontana moved
That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue a change order, to Thomann Asphalt Paving
Corp., an increase in the amount of $25,500.00 as more fully described in the above communication, for work relating to City Pavements, Group
#696, Contract #93000469. Funds for this project are available in #30032106 - 445100, #32311506 - 445100.
PASSED
AYES -9 NOES -0
NO. 31
CHANGE IN CONTRACT
RESURFACING OF CITY PAVEMENTS - 2009, GROUP 703
DESTRO BROTHERS CONCRETE CO., INC.
CONTRACT #93000636
I hereby submit to Your Honorable Body the following request additions to the contract for the above reference project. This change order is
necessary to extend previously bid unit quantities to assist DPW in maximizing and completing its paving program:
Figures available for review in The City Clerk's Office
Original Contract Amount $1,016,600.00
10% Conti ngency(previously approved by Council) $101,660.00
This Change Order(CO 1) $279,665.00
Total Contract to Date $1,397,925.00
Funds for this work are available in our Capital Account(s) 30032106 445100, 32311506 445100, an account to be named at a later date.
I respectfully certify that this change order is fair and equitable for the work involved, and respectfully request that Your Honorable Body approve the
subject change order and authorize the Commissioner of Public Works, Parks & Streets to issue said change order to Destro Brothers Concrete
Co., Inc.
Mr. Fontana moved:
That the above communication from the Commissioner of Public Works, Parks and Streets dated June 2, 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. 1, to Destro Brothers
Concrete Co., Inc., an increase in the amount of $279 665 as more fully described in the above communication, for work relating to Resurfacing of
City Pavements -2009, Group 703, Contract #93000535. Funds for this project are available in Capital Accounts 30032106 445100, 32311506
445100, and an account to be named at a later date.
PASSED
AYES -9 NOES -0
NO. 32
PERMISSION TO ACCEPT FUNDS
LASALLE PARK PHASE I
MASTER PLAN IMPLEMENTATION
FIRST IMPRESSION PROJECT
ELLICOTT DISTRICT
Permission is hereby requested from Your Honorable Body to accept $654,830.00 from the Buffalo and Erie County Greenway Fund for the
Development of the LaSalle Park, Phase I, Master Plan Implementation, First Impression Project.
The purpose of the LaSalle Park First Impression Project is to create an attractive entryway and improved access into Buffalo's Premier Waterfront
Park in order to bring more city residents and visitors to the park. The First Impression project proposes to utilize $654,830.00 to add a playground,
signature shelter, grills, benches, landscaping and reconstruction of the roadway with granite curbs and lighting at the Northern entry of the park.
These will be welcomed improvements to the current entry road, which is in poor condition. In addition, to frame the renovated pool house and
Centennial Pool, the First Impression project will provide a paved parking area where gravel currently exists.
REFERRED TO THE COMMITTEE ON FINANCE.
NO. 33
PERMISSION TO ACCEPT FUNDS
MASTER PLAN IMPLEMENTATION
ELLICOTT DISTRICT
Permission is hereby requested from Your Honorable Body to accept $993,506.00 from the Buffalo and Erie County Greenway Fund for the
Development of the LaSalle Park, Phase 11, Master Plan Implementation.
Project involves complete reconstruction of D.A.R. Drive in LaSalle Park, installation of new granite curb and street lighting. The project will improve
safety, enhance Park entrance and will draw more children and adults to picnic area, swimming pool and playground.
Seawall Restoration Study- Existing seawall is in poor condition which allows the undermining and erosion along its length adjacent to the river walk.
This project also involves a seawall study stabilization to curb erosion damage and recommendation for changing the shore line into a more
naturalistic setting. A naturalized shoreline will encourage more wildlife habitat and will extend the life of the riverwalk for park users.
REFERRED TO THE COMMITTEE ON FINANCE.
NO 34
PERMISSION TO ACCEPT GRANT
PORTER AVENUE RESURFACING /OBSERVATION POINT PROJECT (NIA, ELL)
Please be advised that our department is in receipt of a $150,000 grant from New York State Department of State for construction of foot of Porter
Avenue, including observation deck, signage and lighting to make the water's edge more attractive.
Permission is being requested from your Honorable Body to accept this grant and allow the Commissioner of the Public Works, Parks & Streets to
enter into and execute all related documents associated with the project. The City's share of $150,000 is available in the bond account reserved for
local match.
Mr. Fontana moved:
That the above communication from the Commissioner of Public Works, Parks and Streets dated June 2, 2010, be received and fled; and
That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to enter into and execute all related documents to
accept $150,000 grant from New York State Department of State tot construction at the foot of Porter Avenue Resurfacing /Observation Deck Point
Project. The City's share of $150,000 is available in the bond account reserved for local match.
PASSED
AYES -9 NOES -0
NO 36
PERMISSION TO HIRE A CONSULTANT AND ENTER INTO AGREEMENT W /NYSDOT
FOR OUTER HARBOR TRAIL PHASE 2 - PIN 6767.43 (FILL, SOUTH)
Permission is requested from Your Honorable Body to authorizing the Mayor to enter into all necessary agreements with the New York State
Department of Transportation (NYSDOT) for advancing the Design, Construction and Construction Inspection phases of the project related to
construction of the new shared pathway and improvement at Ohio Street between Michigan Avenue and Fuhrmann Boulevard.
In addition, permission is requested for Commissioner of Public Works, Parks and Streets to hire an Engineering Consultant for providing
engineering services and to pay in the first instance 100% of the Federal and Non- Federal shares of the necessary total costs of the project phases
of which the federal share is reimbursable. City share of total project costs is 20 %.
Funds for the project will be available in our Capital project Account for the Local Match of the Federal Aid projects.
Mr. Fontana moved:
That the above communication from the Commissioner of Public Works, Parks and Streets dated June 2, 2010 be received and filed; and
That the Mayor be, and he hereby is authorized to enter into all necessary agreements with the New York State Department of Transportation for
advancing the Design, Construction and Construction Inspection phases of the Outer Harbor Trail Phase 2. That the Commissioner of Public
Works, Parks & Streets be, and he hereby is authorized to hire an Engineering Consultant for providing engineering services and to pay in the first
instance 100% of the Federal and Non - Federal shares of the necessary total cost of the project phases of which the federal share is reimbursable.
Funds for this project are available in Capital Project Account for the Local Match of the Federal Aid projects.
PASSED
AYES -9 NOES -0
NO 36
PERMISSION TO HIRE CONSULTANT CITY BUILDINGS COMPREHENSIVE FACILITY
ASSESSMENTS JOB #1027 (VARIOUS DISTRICTS)
Permission is hereby requested from Your Honorable Body to retain a consultant for Comprehensive Facility Assessments on City Buildings. This
project was approved as part of the Capital Improvement Plan. Funds are available in 32320706 445100 - Buildings.
REFERRED TO THE COMMITTEE ON FINANCE
NO 37
REPORT OF BIDS - CROSSWALKS 2010
This is to advise Your Honorable Body that I have advertised and received bids on May 26, 2010
The following bids were received:
Contractor Base Bid Total Bid Price
Accent Stripe, Inc.
3275 N. Benzing Rd. $92,100.00" $96,705.00
Orchard Park, NY 14127
1 hereby certify that the lowest responsible bidder for the above project is Accent Stripe, Inc. and I respectfully recommend that Your Honorable
Body authorize a contract award to Accent Stripe, Inc. in the amount of $96,705.00. (Base Bid of $92,100.00 + [5% unit price increases] $4,605.00
equals [Total Award] $96,705.00). Funds for this project are available in accounts #32311506 - 445100, #31310406 - 445100, #30032106 - 445100
and another account to be named at a future date. The engineer's estimate for this work is $98,000.00.
"Corrected Base Bid
Peter J. Merlo PE
City Engineer
Mr. Fontana moved:
That the above communication from the Commissioner of Public Works, Parks and Streets dated June 1, 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 Crosswalks 2010, Group #716,
to Accent Stripe, Inc., lowest responsible bidder, in the amount of $96,705.00 (Base Bid of $92,100.00 + [5% unit price increases] $4,605.00 equals
[Total Award] $96,705.00). Funds for the project are available in accounts #32311506 - 445100, #31310406 - 445100, #30032106 - 445100 and
another account to be named at a future date.
PASSED
AYES -9 NOES -0
NO 38
REPORT OF BIDS `D' DISTRICT POLICE STATION MOLD REMEDIATION
JOB #1013 NORTH DISTRICT
I advertised for on April 29, 2010, and received the following formal sealed bids for the 'D' District Police Station, Mold Remediation, which were
publicly opened and read on May 20, 2010.
Indoor Air Professionals $44,890.00
800 Commerce, Lancaster, NY
Metro Contracting & Environmental $62,738.00
2939 Lockport, Niagara Falls, NY
Arric Corp. $94,000.00
5033 Transit, Depew, NY
MCS Remedial Services $167,000.00
3907 North Buffalo, Orchard Park, NY
I hereby certify that the foregoing is a true and correct statement of all bids received and that Indoor Air Professionals, with a bid of Forty Four
Thousand Eight Hundred Ninety and 00/100 Dollars ($44,890.00) is the lowest responsible bidder in accordance with the plans and specifications.
I recommend that Your Honorable Body authorize the Commissioner of Public Parks, Parks & Streets to order on the basis of the lowest responsible
bid. Funding for this project is available in 31310906 445100 - Buildings.
Mr. Fontana moved:
That the above communication from the Commissioner of Public Works, Parks and Streets dated May 28, 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 "D" District Police Station, Mold
Remediation, to Indoor Air Professionals, the lowest responsible bidder, in the amount of $44,890.00. Funds for the project are available in account
31310906 445100 - Buildings.
PASSED
AYES -9 NOES -0
NO 39
REPORT OF BIDS BICYCLE RACK INSTALLATION PROJECT PHASE 11 2010
This is to advise Your Honorable Body that I have advertised and received bids on June 2, 2010
The following bids were received:
Contractor Base Bid Total Bid Price
EB Ironart, LLc
120 Tonawanda St: $59,250.00 $62,212.50
Buffalo, NY 14207
Miller Enterprises
12 Newfield St. $62,700.00 $65,835.00
Buffalo, NY 14207
Mark Cerrone, Inc.
2368 Maryland Ave. $69,600.00 $73,080.00
Niagara Falls, NY 14305
1 hereby certify that the lowest responsible bidder for the above project is EB Ironart, LLC and I respectfully recommend that Your Honorable Body
authorize a contract award to EB Ironart, LLC. in the amount of $62,212.50. (Base Bid of $59,250.00 + [5% unit price increases] $2,962.50 equals
[Total Award] $62,212.50). Funds for this project are available in accounts #31306706 - 445100 and #30032106 - 445100. The engineer's estimate for
this work is $90,000.00.
Peter J. Merro PE
City Engineer
REFERRED TO THE COMMITTEE ON FINANCE
NO 40
REPORT OF BIDS SYCAMORE VILLAGE ENTRY WALLS & FENCE INSTALLATION
JOB #1014 ELLICOTT DISTRICT
I advertised for on April 28, 2010 and received the following formal sealed bids for Sycamore Village, Entry Walls & Fence Installation, which were
publicly opened and read on May 11, 2010.
Base Bid +Alt. #1
Gardenville Landscaping $178,288.00 $4,620.00
3069 Clinton, West Seneca, NY
Gleason's Nursery Declined to Bid
4780 Sheridan, Williamsville, NY
Titan Development Declined to Bid
8534 Seaman, Gasport, NY
Miller Enterprises Declined to Bid
12 Newfield, Buffalo, NY
Alternate #1: Reseed and fertilize lawns on all built lots.
I hereby certify that the foregoing is a true and correct statement of all bids received and the low bidder is Gardenville Landscaping, in accordance
with the plans and specifications. The contract award is anticipated to be in the amount of $201,198.80 ($178,288.00 base bid + $4,620 alternate #1
+ 10% increase $18,290.80 = $201,198.80),
1 recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to order the work on the basis of the low bid.
Funds for this project are available in 30311306 445100.
REFERRED TO THE COMMITTEE ON FINANCE
NO 41
REPORT OF BIDS TOSH COLLINS EXPANSION ICE RINK (GC)
JOB #1012 SOUTH DISTRICT
I advertised for on April 27, 2010, and received the following formal sealed bids for the Tosh Collins Expansion, Ice Rink, Cazenovia Park, General
Construction, which were publicly opened and read on May 18, 2010.
Base Bid +Alt #1 +Alt #2 +Alt #3 +Alt #4
Miller Enterprises $ 94,000.00 $2,000.00 $23,000.00 $5,000.00 $1,800.00
12 Newfield, Buffalo, NY
Dommer Construction $113,000.00 $9,000.00 $24,000.00 $4,000.00 $2,000.00
21 Palmer, Lancaster, NY
No other bids received.
Add Alternate #1: Upgrade of Exterior Door to FRP Door.
Add Alternate #2: Remove old doors & frames /furnish and install new doors and frames between Lobby and Ice Rink.
Add Alternate #3: Upgrade of Doors to FRP Doors.
Add Alternate #4: Remove old door & frame /furnish and install new door and frame to Skate Rental Room.
I hereby certify that the foregoing is a true and correct statement of all bids received and that Miller Enterprises, with a Base Bid of $94,000.00, add
Alternate #1 for $2,000.00, add Alternate #2 for $23,000.00, add Alternate #3 for $5,000.00, add Alternate #4 for $1,800.00, for a total bid of One
Hundred Twenty Five Thousand Eight Hundred and 00/100 Dollars ($125,800.00) is the lowest responsible bidder in accordance with the plans and
specifications.
I recommend that Your Honorable Body authorize the Commissioner of Public Parks, Parks & Streets to order on the basis of the lowest responsible
bid; Funding for this project is available in 35320706 445100 - Buildings.
Peter J. Merlo, PE
City Engineer
Mr. Fontana moved:
That the above communication from the Commissioner of Public Works, Parks and Streets dated May 28, 2010 is received and filed and that the
Commissioner is hereby authorized to enter into a contract with Miller Enterprises in the total amount of $125,800 as prescribed in the above
communication. Funding for the project is available in 35320706 445100.
PASSED
AYES -9 NOES -0
NO 42
SIGNED AGREEMENTS OF RECYCLING EXTENSION FOR ALLIED WASTE
I have attached copies of the signed agreements between the City of Buffalo and Allied Waste that were approved at the Common Council Meeting
of May 11, 2010 (CCP #17 of 05/11/10 and CCP #18 of 05/11/10). The agreements are entitled as follows:
Recycling Collection Contract Extension
And
Recycling Material Recovery Contract Extension.
Steven J. Stepniak
Commissioner of Public Works, Parks & Streets
Copy Available for review in the City Clerk's Office
RECEIVED AND FILED
FROM THE COMMISSIONER OF POLICE
NO 43
JUSTICE ASSISTANCE GRANT PROGRAM RENEWAL -YEAR 6
ENTER PRIOR COUNCIL REFERENCE: IF ANY) [:Item #18, C.C.P. #12 06/09/09]
As you are aware, the US Department of Justice initiated funding under the Justice Assistance Grant (JAG) Program, which combined the Byrne
Formula Grants and Local Law Enforcement Block Grant Programs. JAG serves as the single funding mechanism for the administration of these
grants and over the last five (5) years, the City has been a partner with the County of Erie, City of Lackawanna, Towns of Amherst, Cheektowaga,
Tonawanda, and West Seneca and has served as the grant applicant and fiscal agent so that the City could retain at least the majority share of
funding.
This year, for round six funding, the Bureau of Justice has certified that the City of Buffalo is in a funding disparity with the County of Erie, the Town
of Cheektowaga, and therefore, we must submit a JOINT application for the aggregate of funds allocated to this area. Unfortunately for all, the
award for this year, 2010 JAG Year 6 has been cut by 7.5% when compared to last year, (from $607,957 to $519,025) which is not as bad as 2008,
which was cut over 67 %. The City /County /Town of Cheektowaga must agree on this effort or no one gets the funding. We have successfully
negotiated this effort by retaining minimal funds for the juvenile prosecutor.
This year's application must be submitted by 6/25/2010. In order to file the grant application, which requires notification of the Applicant /Fiscal
Agent's governing body, of which the City serves as, we are notifying you as a mandated requirement by the "feds" under this application process.
At this time, we are notifying you that the City of Buffalo, with your permission, will be accepting the funds totaling $519,025 and distributing them
[which will be outlined in Memorandums of Understanding) to each participating entity as follows:
City of Buffalo: $475,805
County of Erie: $15,302
Town of Cheektowaga: $27,918
Unlike in previous years, under regular JAG, West Seneca received ZERO, but did receive Stimulus Funds and Amherst, Lackawanna and
Tonawanda received direct funds this year and were not considered "disparate" like last year.
Any law enforcement or justice initiative previously eligible for funding under LLEBG or Byrne funding is encouraged to be continued and eligible for
funding under JAG. The City's allocation will continue to fund initiatives previously funded under the Local Law Enforcement Block Grant such as:
Office of Citizen Services: $1153,821 (which funds Save our Streets Program, Clean Street Sweeps, Citizen Participation Academy, and
enhancement of City's 311 "one stop shopping center for access to all City services "); the Department of Community Services will receive a total of
$104,366 and will direct funds to continue with Drug Court ($22,866), Code of Conduct ($40,750) and Anti Crime ($40,750) both Intervention and
Prevention Programs.
As stated above, the Buffalo Police funding will include the $50,00 to continue partial funding for the Juvenile Prosecutor in the District Attorney's
Office and $167,618 to be split between equipment and overtime (gang suppression, bike patrols, curfew, quality of life selected enforcement
activities, other directed enforcement activities).
The feds require a governmental review from the "fiscal" agent, which is the City of Buffalo, prior to the submission of this application. In addition,
we were just recently notified about the submission for this renewal. We had to negotiate and come to terms with other partners as part of this
complex grant process before we could present this information to your Honorable Body.
Again, we must have your approval as we prepare for the acceptance and spending of these funds; in addition, we must have your approval prior to
notifying the Control Board.
If you have any questions, please contact Captain Mark Makowski or Maureen Oakley of our Grants Section at 851 -4475.
Mr. Fontana moved:
That the above communication from the Commissioner of Police dated June 2 , 2010, be received and filed; and
That the Commissioner of Police, under the U.S. Department of Justice initiated funding under the Justice Assistance Grant Program be, and he
hereby is authorized to accept funds totaling $519,025 and distributing them (which will be outlined in Memorandums of Understanding) to each
participating entity as listed above.
PASSED
AYES -9 NOES -0
FROM THE COMMISSIONER OF FIRE
NO 44
APPT DEPUTY COMMISSIONER (EXEMPT)(GUGLIUZZA)
CERTIFICATE OF APPOINTMENT
Appointment Effective 4/27/2010 in the Department of Fire Division of Fire to the Position of Deputy Commissioner Exempt Minimum Starting Salary
of $94,350.
Vincent Gugliuzza, 5616 Coachman's Lane, Hamburg, NY 14075
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
FROM THE CORPORATION COUNSEL
NO 45
APPROVAL OF CONTRACT WITH BMHA
Approval of contract with the Buffalo Municipal Housing Authority for the provision of supplemental Buffalo Police services at Authority properties
Attached for your Honorable Body's review and approval is a contract with the Buffalo Municipal Housing Authority permitting the Buffalo Police
Department to provide supplemental police services at various housing developments owned by the Buffalo Municipal Housing Authority.
The proposed Contract would create a Buffalo Police Housing Unit consisting of 18 police officers and 2 lieutenants who will report to and work
under the direction of a buffalo Police Captain. The unit will develop and implement a law enforcement operation plan for the improvement of public
safety on various Authority properties.
The Buffalo Municipal Housing Authority will pay the City the cost of the additional service on a quarterly basis, pursuant to invoices from the City.
The City will be paid at a rate of $63.96 per officer per hour. Court time costs will be separately billed. Total compensation to the City will not exceed
$650,000. The source of funds is grant funding to the Buffalo Municipal Housing Authority through the United States Department of Housing and
Urban development.
Copy available for review in the City Clerk's Office
REFERRED TO THE COMMITTEE ON FINANCE
FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT &
INSPECTION SERVICES
NO 46
FOOD STORE (NEW) 163 WEST FERRY (NIA)
Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store
License located at 163 West Ferry (Sam's Grocery/Hafedh H. Al Shahri) and find that as to form is correct. I have caused an investigation into the
premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire
Department, Building Inspections, Police Department and Collection Office I find it complies with all regulations and other applicable laws. This
request is submitted for your approval or whatever action you deem appropriate.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO 47
FOOD STORE (NEW) 1350 FILLMORE (MASTEN)
Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store
License located at 1350 Fillmore (Rock City /Fathehia Qasem) and find that as to form is correct. I have caused an investigation into the premises for
which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department,
Building Inspections, Police Department and Collection Office I find it complies with all regulations and other applicable laws. This request is
submitted for your approval or whatever action you deem appropriate.
REFERRED TO THE COMMITTEE ON LEGISLATION.
NO 48
FOOD STORE (NEW) 859 NIAGARA (NIA)
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 859 Niagara (Pizza Town I /Sharaf A Almansob) and find that as to form is correct. I have caused an investigation into the
premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire
Department, Building Inspections, Police Department and Collection Office I find it complies with all regulations and other applicable laws. This
request is submitted for your approval or whatever action you deem appropriate.
Mr. Fontana moved:
That the above communication from the Department of Economic Development, Permit and Inspections Services dated June 2, 2010, be received
and filed; and
That pursuant to Chapter 194 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services be, and he hereby is
authorized to grant a Food Store License to Sharaf A. Almansob located at 859 Niagara d /b /a Pizza Town I.
PASSED
AYES -9 NOES -0
NO 49
FOOD STORE (NEW) 1902 NIAGARA (NORTH)
Pursuant to Chapter i94 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License
located at 1902 Niagara (Manor Islamic Fashion /Ahmed Ali) and find that as to form is correct. I have caused an investigation into the premises for
which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department,
Building Inspections, Police Department and Collection Office I find it complies with all regulations and other applicable laws. This request is
submitted for your approval or whatever action you deem appropriate.
Mr. Fontana moved:
That the above communication from the Acting Commissioner of the Department of EDPIS dated June 2, 2010 be received and filed and that the
Commissioner is herby authorized to grant a food store license to Manor Islamic Fashion, Ahmed Ali for 1902 Niagara Street.
PASSED
AYES -9 NOES -0
NO 50
RESTAURANT DANCE LICENSE (RENEWAL) 274 DELAWARE AVENUE(ELL)
Pursuant to Chapter 150 of the City of Buffalo Ordinances, please be advised that I have caused an investigation into the premises located at 274
Delaware Avenue for which said renewal application for a Restaurant Dance Class IV license is being sought by Andrew Munro and according to
the attached reports from the Fire Department, Police Department and Building Inspections, I find it complies with all regulations and other
applicable laws. This request is submitted for your approval or whatever action you deem appropriate.
Mr. Fontana moved:
That the above communication from the Department of Economic Development, Permit and Inspections Services, dated May 26, 2010, be received
and filed; and
That pursuant to Chapter i50 of -the City Code: the Commissioner of Economic Development, Permit and Inspections Services be, and he hereby is
authorized to renew a Restaurant Dancing Class IV License to Andrew Munro, d /b /a Underground located at 274 Delaware Avenue.
PASSED
AYES - 9 NOES — 0
NO 51
RESTAURANT DANCE CLASS 111 1108 ELMWOOD AVE (AKA 1110 ELMWOOD AV)
Pursuant to Chapter 150 of the City of Buffalo Ordinance please be advised that I have examined the attached application for a Restaurant Dance
Class III License located at 1108 Elmwood Avenue and find that as to form is correct. I have caused an investigation into the premises for which
said application for a Restaurant Dance Class III license is being sought and according to the attached reports from the Zoning Office, Fire
Department and Building Inspections. I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police
Department into the moral character of Robert Rabb. The attached thereto for Mr Goodbar. This request is submitted for your approval or whatever
action you deem appropriate.
Mr. Fontana moved:
That the above communication dated June 3, 2010 from the Commissioner of the Department of Economic Development, Permit and Inspection
Services is received and filed and the Commissioner is hereby authorized to issue a Restaurant Dance Class III License to Robert Rabb for 1108
Elmwood Avenue (Mister Goodbar).
PASSED
AYES -9 NOES -0
FROM THE BUFFALO URBAN RENEWAL AGENCY
NO. 52
APPROVAL TO TRANSFER ONE(1) HOME IN SYCAMORE VILLAGE SUBDIVISION
The Sycamore Village Subdivision is a pedestrian friendly, park -like community. The subdivision is located in the block bounded by Sycamore
Street, Jefferson Avenue, Matthews Street and Mortimer Street and is currently owned by the City of Buffalo Urban Renewal Agency (hereinafter
referred to as "Agency "). The entire site consists of approximately 3.86 acres.
The Agency has negotiated the sale of one (1) home. Below is the name of the potential homebuyer, property address and proposed sale price.
The Agency is requesting the Common Council approve the transfer of the following sublot located in Sycamore Village Subdivision to the following
individual at the stated minimum purchase price:
NAME SUB LOTS MINIMUMSALES PRICE
Laythanette Shine Lot 2, 381 Sycamore $150,000.00
This approval is contingent upon the finalization of all HOME subsidy eligibility requirements as determined by the Agency and the Office of
Strategic Planning.
Please be advised that in accordance with the provisions of Article 15A of the General Municipal Law, it is now necessary for your Honorable Body
to set a date for a public hearing, and to direct the publication of a notice of said hearing. In the interest of time and anticipating that Your Honorable
Body is willing to expedite this matter, I have taken the liberty to prepare a Resolution together with a Notice of Public Hearing for your action.
Forwarded separately are the following documents:
1. Resolution setting Public Hearing
2. Notice of Public Hearing
3. Resolution approving proposed transfer
After the Public Hearing is held, Your Honorable Body may adopt a Resolution authorizing the disposition of land.
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT
NO. 53
SEQR -NEG DECLARATION- AMENDMENT OF FRUITBELT URBAN RENEWAL AREA BOUNDRY
State Environmental Quality Review
NEGATIVE DECLARATION
Notice of Determination of Non - Significance
This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the
Environmental Conservation Law.
The Buffalo Urban Renewal Agency ( "BURA "), as Lead Agency, has determined that the 3roposed action described below will not have a significant
environmental impact and a Draft Impact Statement will not be prepared.
Name of Action: Amendment of Fruit Belt Urban Renewal Area Boundary
Description of Action: Amend the boundary of the Fruit Belt Urban Renewal Area to remove the block that is encompassed by Michigan Avenue,
High Street, Maple Street and E. North Street. The amendment alters the boundary of the Fruit Belt Urban Renewal Area to be more consistent with
the development occurring on the Buffalo Niagara Medical Campus.
The Project Area is located in the City of Buffalo, County of Erie, and State of New York. The property to be removed from the Fruit Belt Urban
Renewal Area is within the block bounded by East North Street on the north, High Street on the south, Michigan Avenue on the west and Maple
Street on the east (see attached map). The Project Area is currently zoned C -1 (neighborhood business).
Reasons Supporting This Determination:
The Action involves altering the boundary of the Fruit Belt Urban Renewal Area. The Fruit Belt Urban Renewal Area is bounded generally by East
North and Best Streets to the north, Michigan Avenue and Masten Avenue to the West, Jefferson Avenue on the east and Goodell Street and the
Kensington Expressway to the south.
The objective of the Fruit Belt Urban Renewal Plan is to remove substandard housing conditions either through redevelopment and new housing
construction or through the upgrading and rehabilitation of existing residential structures.
The Action involves altering the boundary of the Fruit Belt Urban Renewal area along Michigan Avenue in response to commercial and institutional
development on the Buffalo Niagara Medical Campus. The Project Area is a block with only a handful of residential structures remaining on a once
fully - developed area. The few remaining residents have sold their homes to Kaleida Health who is proposing a Skilled Nursing Facility for the site.
The Fruit Belt Urban Renewal Plan only permits lower- density Residential development, Neighborhood Commercial uses and Mixed Residential -
Commercial uses in the Fruit Belt Urban Renewal Area. However, BURA believes that it is in the best interests of the community for this section of
the Fruit Belt Urban Renewal Area to accommodate and be consistent with development on the Buffalo Niagara Medical Campus, while still retaining
the integrity of the residential development in the remainder of the Fruit Belt Urban Renewal Area. To effectuate this change, BURA believes that
amending the boundary of the Fruit Belt Urban Renewal Area, as proposed, will accomplish these goals.
The Action will not have any significant adverse impacts on the environment. The Action, while involving the amendment of a previously- adopted
Urban Renewal Plan (dating back to 1972 and set to expire in 2012), renders the Fruit Belt Urban Renewal Plan more consistent with prevailing land
use development in the area. Further, because the underlying zoning adequately controls land use in the area, the Amendment of the Fruit Belt
Urban Renewal Area will not result in a substantial change in the use or intensity of use of land in the area.
The Action will not cause a substantial adverse change in: existing air quality; ground or surface water quantity; traffic or noise levels; solid waste
volumes; the potential for erosion, flooding, leaching or drainage problems; energy usage; or human health. Also, the Action will not cause any
impacts to flora, fauna or any other natural resource, nor is it within a Critical Environmental Area as designated by 6 NYCRR 617.14(g). Lastly, the
Action will not have any adverse impacts upon historical, archeological, architectural, or aesthetic resources in the area.
For the foregoing reasons, BURA has determined that a Negative Declaration should be issued for the Action.
ADOPTED
FROM THE BUFFALO PRESERVATION BOARD
NO 54
RECOMMENDATION FROM BUFFALO PRESERVATION BOARD TO BUFFALO COMMON COUNCIL
APPLICATIONS FOR LANDMARKS /LANDMARK SITE: GENESEE GATEWAY
HISTORIC DISTRICT
The Buffalo Preservation Board recommends that the attached application for City of Buffalo Local Landmark designation for the proposed Genesee
Gateway Historic District that is to include the properties on the south side of Genesee Street between Ellicott and Oak Streets, including 85 -89
Genesee St, 91 -95 Genesee St., 97 Genesee St., 99 Genesee St., 101 -103 Genesee St., 105 -107 Genesee St. (as a non - contributing building in
the district because it is newly constructed), 109 Genesee St., 111 Genesee St., and 113 -125 Genesee St., be approved by Buffalo Common
Council.
The attached landmark application was prepared by the Clinton Brown Company Architecture, pc. and was reviewed by the Preservation Board at its
May 27, 2010 meeting in accordance with Chapter 337 Article III of City Charter. A public hearing was held at this meeting. The Preservation Board
established that the proposed Genesee Gateway Historic District meets the criteria outlined by the Charter for landmark designation. Please feel
free to contact Michele Brozek Knoll, Senior Planner- Historic Preservation, with any questions or concerns at 851 -5029 or mbrozek @city -
buffalo.com.
REFERRED TO THE COMMITTEE ON LEGISLATION.
FROM THE CITY CLERK
NO. 55
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:
x Buffalo Sewer Authority
RECEIVED AND FILED.
NO. 56
NOTICES OF APPOINTMENTS COMMON COUNCIL STAFF
CERTIFICATE OF APPOINTMENT
Appointment effective June 1, 2010in the Department of Common Council, Division of Ellicott District to the Position of Legislative Aide,
Unclassified, Exempt at the flat salary of $35,186.00
Tina M. Cortes, 675 Delaware Ave, Buffalo, NY 14209
ADOPT
NO. 57
NOTICES OF APPOINTMENTS - SEASONAL /FLAT
I transmit herewith certificates received by me, reporting seasonal and flat salary appointments made in various departments.
RECEIVED AND FILED.
CERTIFICATE OF APPOINTMENT
Appointment effective May 4, 2010 in the Department of Assessment and Taxation, to the Position of Clerk- Seasonal at the Flat Starting Salary of
$11.87/hr
Hannah Shaw, 31 Marine Drive, Apt 10A, Buffalo, NY 14202
CERTIFICATE OF APPOINTMENT
Appointment effective May 17, 2010 in the Department of Assessment and Taxation, to the Position of Clerk- Seasonal at the Flat Starting Salary of
$11.87/hr
Jay LoTempio, 229 Villa Avenue, Buffalo, NY 14216
NO. 58
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 June 7, 2010 in the Department of Audit and Control, Division of Audit to the Position of Assistant Auditor, Permanent
appointment at the Minimum Salary of $37,622.00
Maureen Eck, 42 Longnecker Street, Buffalo, NY 14206
Jacklyn Jakubowski, 133 Admiral Road, Buffalo, NY 14216
CERTIFICATE OF APPOINTMENT
Appointment effective June 7, 2010 in the Department of Audit and Control, Division of Audit to the Position of Senior Auditor, Permanent
appointment at the Minimum Salary of $43,485.00
Annmarie O'Donnell, 18 Meadow View Place, Buffalo, NY 14214
CERTIFICATE OF APPOINTMENT
Appointment effective June 7, 2010 in the Department of Audit and Control, Division of Accounting to the Position of Associate Accountant,
Temporary appointment at the Minimum Salary of $44,037.00
Richard J. Fanton, 193 W. Woodside Ave, Buffalo, NY 14220
CERTIFICATE OF APPOINTMENT
Appointment effective June 2, 2010 in the Department of Human Resources, Division of Employee Relations to the Position of Special Asst to
Commissioner of Human Resources, Temporary Appointment at the Flat Starting Salary of $35,157.00
Heather Machin, 14 Rosedale St, Buffalo, NY 14207
CERTIFICATE OF APPOINTMENT
Appointment effective June 7, 2010 in the Department of Common Council, Division of Records Management to the Position of Laborer II,
Temporary Appointment at the Minimum Salary of $29,126.00
Tara Rogowski, 44 Remington Place, Buffalo, NY 14210
NON - OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES
NON - OFFICIAL COMMUNICATIONS
NO. 59
QUESTIONS TO ASK BEFORE APPROVING KALEIDA'S NURSING HOME:
Has the New York State Legislation that was discussed in 2010 March 20, Buffalo News article been approved?
If not, why would one build a new nursing facility when so many facilities are closing due to low Medicaid reimbursement rates?
Doesn't Buffalo have enough vacant buildings?
What will happen to the three nursing facilities that will close, especially the Waterfront facility which is a new building?
Is this new facility a way of not having to contend with a union, or will the existing union contract carryover to the employees working at the new
facility?
Recommendations of The Burger Commission are included.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 60
PIN 5758.17 (BUFFALO HARBOR BRIDGE PROJECT')
OUTER HARBOR ACCESS; SOUTH MICHIGAN AVENUE BRIDGE REPLACEMENT
CITY OF BUFFALO, ERIE COUNTY
FINAL SCOPING REPORT
Dear Mr. Chwalinski:
We are transmitting for your use the Buffalo Harbor Bridge Final Scoping Report approved by the Federal Highway Administration on May 4, 2010.
This Report has been prepared in accordance with the National Environmental Policy Act (NEPA), the New York State Environmental Quality
Review Act (SEAR) and Section 6002 of the Safe. Accountable. Flexible, Efficient Transportation Equity Act (SAFETEA -LU).
The Final Scoping Report presents the project's purpose and need range of alternatives. screening criteria /methodology, and describes
methodologies proposed for analyses and /or studies that will be completed under the Draft Environmental Impact Statement (DEIS). All pertinent
comments, including those received at the December 16, 2009 public information meeting, were evaluated before this Report was completed.
We look forward to working with you on the DEIS. If you have any questions, please call Steven P. Ranalli P.E. at (716) 846 -8241.
Sincerely,
Erie Canal Harbor Development Corporation
Available for review in The City Clerk's Office
REFERRED TO THE SPECIAL COMMITTEE ON WATERFRONT
NO. 61
EC DEPT OF ENV PLANNING
BRIEFING FLOOD RISK MAP UPDATE
The Erie County Department of Environment and Planning is pleased to announce that the Federal Emergency Management Agency (FEMA) and
the New York State Department of Environmental Conservation (DEC) will be holding a briefing on updates to Erie County's flood risk maps.
State and local officials are encouraged to attend to participate in a discussion of how these maps are likely to affect your constituents. Handouts will
be provided.
The Flood Risk Map Update Briefing will be held as follows:
Date Friday, June 11,2010
Time 10:00 a.m. - 12:00 p.m.
Location Erie Community College, City Campus Auditorium
121 Ellicott Street, Buffalo, NY 14203
Please circulate this memo and the enclosed flyers to your emergency management coordinator, highway superintendent, code enforcement
officials, flood management administrators, and any other municipal officials that are interested or involved in flood risk map changes.
Please feel free to contact Darren Kempner, Deputy Commissioner, Erie County Department of Environment & Planning at (716) 858 -4809 should
you have any questions.
REFERRED TO THE COMMITTEE ON LEGISLATION.
NO. 62
TIME WARNER CABLE- CITY OF BUFFALO RENEWAL
Dear Councilman Fontana:
This will respond to your letter of May 11, 2010 requesting that Time Warner provide a report as
to the status of the franchise renewal process with the City of Buffalo. It will hopefully reach
you by the requested time. I would have liked to have sent it to you sooner, but have been out of the office on business for a week.
As to the franchise renewal, which is proceeding under the provisions of the Federal Cable Act, there has been an exchange of renewal proposals,
the most recent of which was a proposal submitted by Time Warner Cable to the City on June 1, 2007 Under the provisions of Section 626 of the
Cable Act.
When representatives of the City and Time Warner Cable met with 3olm Figliozzi of the New York Public Service Commission staff on January 16,
2008 regarding resolution of a matter under the current franchise, representatives of the City indicated they were reviewing our proposal and wished
to respond before resuming negotiations.
Time Warner Cable has indicated to representatives of the City in the interim that it is prepared to resume renewal discussions at any time and that,
of course, remains our position-
As requested in5 your letter, I will contact your office shortly.
REFERRED TO THE COMMITTEE ON LEGISLATION.
NO. 63
L JOHNSON - CONFERENCE ON DISPARITIES AND EDUCATIONAL INEQUITY
202 Admirals Walk
Buffalo, New York 14202
June 2, 2010
Mr. Demone Smith, Chair Educational Committee Buffalo Common Council Buffalo City Hall
Buffalo, New York 14202
Dear Mr. Smith and Members of the Council,
In April of 2007, in the State of California, a group of professional educators, elected officials, local school board members and community
representatives including parents and students drafted a formal document, "Education Is a Civil Right ". The document is designed to address the
historic national underachievement of minority students specifically African American and Latino in public schools located in the nation's urban
centers. It was believed then and continues today the denial of basic educational justice asa civil right. This initiative is designed to counteract and
reverse the disparities and inequities in the public education system: to bring about intended and measurable improvements in our local school
district.
To this end, the local Affiliate of the National Alliance of Black School Educators, Metro Buffalo, is pleased to join this effort to address disparities
and educational inequity in a Fall Conference focused on solutions to improve the situations impacting the civil rights of students namely school
suspensions, high dropout rates and low graduation rates, special education placement and overall underachievement of minority students. This
also includes providing successful outcomes for incoming immigrant and refugee student population. The Conference, scheduled for October 8 -9,
2010 will take place at the newly reconstructed Performing Arts Academy. An expected audience of 800 will involve parents, students, area teachers
and administrators, university and college deans, community advocates, local state and county agencies along with local, county and state officials.
Invited and confirmed keynote addresses to date involve Susan Taylor, guiding force of Essence Magazine, Milken Family Award Winner from the
State of New Jersey, Baruti Kalefe and incoming President of Buffalo State College, Dr. Ponton.
To encourage full participation, the conference is free and open to the public with an expected audience representative of our diverse community
residing in each of the Council Districts. We ask your support of a financial contribution of one thousand dollars ($1000.00) per Council District as a
conference sponsor. We have provided a promotional video that presents a cross - section of African - American leaders expressing their thoughts and
support for this initiative. We thank you for your attention and look forward to your participation and support.
REFERRED TO THE SPECIAL COMMITTEE ON EDUCATION
NO. 64
M. KEARNS- MEMORANDUM
POLICE HIRING PROCEDURES: MODEL FOR BUFFALO, NY
I would like to file the attached information for the next Common Council meeting to be held on June 8, 2010.
Available for review in the City Clerk's Office
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NO. 65
OCCUPANCY TAX (1976)
88 SHEFFIELD AVENUE
BILL NO: 11839700
Gentleman:
Enclosed you will find an official bank check in the amount of eighty dollars ($80.00) in satisfaction of the 1976 unconstitutional occupancy tax
including the accrued interest for the above listed property.
Please note that this payment is being made under protest as I believe this tax was levied in direct violation of then President Nixon's wage and price
mandate.
Having noted this, I am requesting two (2) statement copies from your office.
(1) A copy of the "second notice" supposedly sent to this address indicating that indeed this tax was in arrears.
(2) An Official notification from the City of Buffalo Treasury Division indicating full and total satisfaction for this outstanding debt in the form of a full
and complete Property lien release.
Thank you for your attention to this matter.
RECEIVED AND FILED
NO. 66
B. LINK -BFSA- PUBLIC FORUM REPORT -MAY 10, 2010
Dear Mr. Chwalinski:
Good day, this letter is in regards to the recent Public Forum held by the Buffalo Fiscal Stability Authority (the "BFSA ") on May, 10, 2010. Enclosed
with this letter you will find a copy of the Public Forum report prepared by Mr. Bryan Dettrey, the independent preparer of the report. The report
includes all comments received by BFSA in regards to the City of Buffalos 2010 -11 proposed budget and financial plan as well as the budgets and
financial plans of the covered organizations, and the Authority.
This year three individuals participated in the forum and all individuals that desired to speak where afforded the opportunity to participate.
If you have any questions please do not hesitate in reaching out to me.
Sincerely,
REFERRED TO THE SPECIAL COMMITTEE ON BUDGET
NO. 67
LUKY'S — CONCERNS NEW STORE OPENING ON SYCAMORE STREET (FILL)
Dear Councilman:
This letter is to voice our concern regarding the new business which is going to be opening in our neighborhood directly across the street from the
above establishment.
Lucky's has been providing quality service in this community for more than 17 years. We are neighbors in good standing and work hard to maintain
a positive influence with all of our customers. During our tenure here, we have sponsored various events for the purpose of giving back to this
community for their support. We have been and remain diligent in our commitment to providing quality goods and services at both of our locations.
We are looking forward to many more years
of mutual growth and prosperity.
It is our hope, that you will please consider our concerns:
Another store in such close proximity to ours will detract from our clientele.
Has the potential to attract "negative, possibly violent" clientele.
It is not in this community's or our best interests.
Thank you so much for your attention in this endeavor. Your time and consideration is very much appreciated.
Very Sincerely Yours,
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 68
OLMSTED CENTER FOR SIGHT - ANNOUNCES CRS AS SUBSIDIARY
ANNOUNCEMENT
On May 20, 2010 Central Referral Service /2 -1 -1 (CRS) and The Olmsted Center for Sight (Olmsted) announce that CRS has become a subsidiary
of Olmsted. The new relationship partners the database and call center expertise of CRS with the workforce and infrastructure of Olmsted. The new
partnership will significantly strengthen both organizations and permit the expansion of regional services within a cost effective organizational
structure. This was supported by the United Way of Buffalo & Erie County Fund for Alliances.
RECEIVED AND FILED
NO. 69
SEQR -1031 MICHIGAN AVE BFLO NIA MEDICAL CAMPUS(ELL)
State Environmental Quality Review Act
Findings Statement Findings to Approve
Pursuant to Article 8 (State Environmental Quality Review Act - SEQRA) of the Environmental Conservation Law and 6 NYCRR Part 617, the City
of Buffalo Planning Board makes the following findings.
Buffalo Niagara Medical Campus - North End Development
Skilled Nursing Beds at Buffalo General Hospital
Applicant: Kaleida Health
SEQRA Status: Type 1, Positive Declaration
Description of Action: Kaleida Health is proposing to construct the 200,000 sq.ft. + / -, 300 bed, Skilled Nursing Beds at Buffalo General Hospital
( "SNF ") on the block stretching from East North Street to High Street between Michigan Avenue and Maple Street, Buffalo, New York.
Location: 1031 Michigan Avenue, Buffalo, New York
Lead Agency: City of Buffalo Planning Board
Agency Jurisdiction: Pursuant to §511 -137 of the Charter and Code of the City of Buffalo ( "Code "), the City of Buffalo Planning Board ( "Planning
Board ") has jurisdiction to consider site plan applications for projects whose costs exceed $100,000.00.
Date Final Generic Environmental Impact Statement Accepted: January 14, 2009
Date of Lead Agency's Findings Statement: January 27, 2009
William P. Grillo
City of Buffalo Office of Strategic Planning
901 City Hall
Buffalo, New York 14202
Phone: (716) 851 -5086
ADOPTED
NO. 70
E. TRIGS - CONCERNS 764 SYCAMORE ST(FILL)
I am writing to you about my neighborhood's concern about 75— Street. This is a commercial property that has been a problem in our community for a
long time. It is currently being considered to re -open as a business, and we do not want this to happen.
Our neighborhood already has numerous small food and clothing stores. There are currently stores at Fillmore and Sycamore, Herman and
Sycamore, Wilson and Broadway, Genesee and Fillmore, Reed and Broadway, and Broadway and Herman. These stores are all similar to one
another- their food offerings are limited and prices are inflated. The population in our area is declining and cannot support another business of this
kind. With average incomes of between $7,000 410,000, these high prices create a hardship for our residents. If there is to be another business in
the area, we would like it to be located in the Broadway Market, and to offer an alternative to =what we now have.
In addition, 754 Sycamore Street has a history of crime and problem behavior.
There have been 42 recorded police calls recently - -made to that address. We do not want it to continue to attract crime to our community. The
proper use of this space is important, and should be part of a more extended conversation with community members.
REFERRED TO THE COMIITTEE ON LEGISLATION.
NO. 71
SUBDIVISION OF LAND /363 PORTER AVENUE, BUFFALO
Dear Councilman Golombek,
We ask that the Legislative Committee please review the complaint described below and advise us as to the City
of Buffalo's position:
A residential lot at 353 Porter Avenue was able to circumvent the requirements for SUBDIVISION OF LAND and be sold as separate properties.
The Realtor and Seller created 2 new lots out of one by listing the main house and its carriage house
separately.
• The carriage house sold in Fall 2009 and appeared as a separate tax record in April 2010.
• The front house is now a pending sale, with probable mid -June closing.
There was no Public Notice about a hearing for zoning variance or subdivision and, to our knowledge, neither application was made. The ad -hoc lots
do not comply with Zoning Requirements for an R2 neighborhood or Design Standards for a Subdivision. We are concerned that consequences for
Public Safety and Public Works were not properly vetted when a residential address was created on Cobb Alley and, we are disturbed that the
original character of a Porter Avenue lot has been adulterated. We are especially concerned about the precedent this transaction may set for other
city lots with multiple dwellings -- very common on the west side of Buffalo.
With the sale of the front house pending, we ask that the City take whatever preventive measures it can
before the sale closes to put the parties in the pending transaction on notice, that the City will be investigating the legality of the first transaction
and may have the right to nullify it. Then, please initiate that investigation without delay. We ask that a transcript or legal summary of the of the
outcome be made available through the office of our Councilman, David Rivera. He has contact information for all of the block clubs which represent
Porter Avenue.
We would like the Council to notify the Board of Realtors about the "creative marketing" that created this situation and instruct them to enact a policy
to prevent it from happening again.
Finally, we ask that the Council consider crafting a resolution that could help avert situations like this in the future. It appears that the current system
has a large gap that's too easy to slip though, even with professional
counsel.
Thank you for your prompt attention to this matter on behalf of all residents and home buyers, so that expensive legal fees and retrofitting costs -
even lawsuits - can be prevented in this and future real estate transactions.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 72
MEMORANDUM OF AGREEMENT BETWEEN CITY OF BUFFALO AND LOCAL 660
On this day, June 8, 2010, the parties, City of Buffalo (hereinafter "the City), and AFSCME, Local 650 or The Union for good and valuable
consideration, the receipt of which is hereby acknowledged, agree to enter into the following settlement agreement.
WHEREAS, the City is desirous of subcontracting a small portion of the Union's exclusive bargaining -unit work as it relates to the Mayor's Summer
Youth Employment Program in 2010; and
WHEREAS, the parties negotiated over the issue and have come to agreement on some limited subcontracting as set forth herein.
WHEREFORE, the parties agree as follows:
1. The City acknowledges that the bargaining unit represented by the Union retains exclusivity of the work duties associated with processing payroll
for all City employees, and including the processing of payroll for summer employees in the Mayor's Summer Youth Employment Program.
2. The City further acknowledges that any subcontracting permitted under this Agreement will not destroy or otherwise impair the Union's exclusivity
as set forth in paragraph 1 herein.
3. During the 2010 summer season only, the City may engage in limited subcontracting as follows: payroll processing associated with the Mayor's
Summer Youth Employment Program ONLY may be performed by non -unit employees through PAL.
4. During such time as subcontracting continues as set forth in paragraph 3, as partial compensation for lost work, unit employees in the unit
positions of Sr Data Processing Equipment Operator, Sr Auditor, or any other position, and who have heretofore been assigned, or who would but
for this Agreement be assigned, the duties of processing payroll for employees associated with the Mayor's Summer Youth Employment Program,
shall each receive, in one lump sum, an extra amount equal to eight (8) hours of straight time for July, and eight (8— hours of straight time for August
(for a total extra lump sum payment in an amount equal to sixteen [16] hours of straight time each). Such payment shall be made no later than
September 15, 2010. The identified employees currently are: Sr Data Processing Equipment Operators Darlene Folger and Michelle Szymanski,
and Sr Auditor Ann Deskiewicz.
5. The parties acknowledge that any subcontracting as may be permitted herein is being performed at the Union's sufferance. Nothing contained in
this Agreement shall in any way impair the Union's exclusivity to such bargaining -unit work.
6. This agreement shall be enforceable in New York Supreme Court, and /or PERB, as appropriate. The City acknowledges that a breach of
paragraphs 1, 2, or 5 shall cause Accordingly, should the City fail to perform as set forth in paragraphs I, 2, or 5, the Union shall be entitled to an
injunction issued by a court of competent jurisdiction, without the posting of any bond, requiring the City to perform as promised herein.
7. This Memorandum of Agreement has been entered into solely to resolve the matters it addresses, nor does it modify or alter any terms of the
parties' collective bargaining agreement.
For the City:
Karla Thomas
Commissioner, Civil Service & Human Resources
On this 8th day of June, 2010, before me personally appeared KARLA THOMAS to me personally known, who being by me duly sworn did depose
and say that she has offices at Buffalo City Hall, 65 Niagara Square, Buffalo, NY 14202; that she is the Commissioner of Human Resources of the
City of Buffalo, the governmental corporation described in and which executed the within instrument, and that she was duly authorized by resolution
of said corporation to execute the foregoing instrument on behalf of such corporation.
For the Union:
AFSCME LOCAL 650
Notary Public
State of New York
Dated:
Michael Drennen President
On this 8 th day of June, 2010, before me personally appeared MICHAEL DRENNEN, to me personally known, who being by me duly sworn did
depose and say that his offices are at 22nd Floor, Buffalo City Hall, 65 Niagara Square, Buffalo, N4 14202, that he which executed the foregoing
instrument; that he was authorized to sign said instrument by the Executive Board of Local 650 and he signed his name thereto by said authorization
and that he was authorized to and signed the foregoing instrument on behalf of AFSCME Local 650.
Notary Public
State of New York
Approved as to Form:
David Rodriguez, Esq.
Acting Corporation Counsel
RECEIVED AND FILED
PETITIONS
NO. 73
S. GEDRA, OWNER, USE 478 ELMWOOD -TO ERECT A SEASONAL ENCLOSURE ON AN \
EXISTING OUTDOOR CAF6(NIA)(NO PUB HRG)
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD
NO 74
D. MUSCOREIL, OWNER, USE 88 W CHIPPEWA- SIDEWALK CAFE IN THE FRONT OF AN
EXISTING SIT -IN RESTAURANT(NO PUB HRG )(ELL)
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD
NO 75
B. BAUMKER, AGENT, USE 2000 ELMWOOD -TO ERECT AN ILLUMINATED POLE SIGN(NORTH)(NO PUB HRG )
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD
REGULAR COMMITTEES CLAIMS COMMITTEE
(DAVID A. RIVERA, CHAIRPERSON)
NO 76
PERSONAL INJURY CLAIMS
That upon the recommendation of the Corporation Counsel, the following actions for personal injury arising out of alleged negligence on
the part of the City of Buffalo, be compromised and settled:
A. 1. Ray Aponte $ 19,432.00
A. 2. Lizetta Bosley $ 17,000.00
A. 3. Irene Brown $ 10,000.00
A. 4. Joseph Carrier p /trig Chassity Carrier $ 7,500.00
A. 5. Annette Coleman $ 14,000.00
A. 6. Phillip Ferguson $ 6,000.00
A. 7. Stephen Ferranti $ 40,000.00
A. 8. Anthony A. /Darcia M. Golda $ 75,000.00
A. 9. Theresa Morgan $ 15,000.00
A. 10. Roxanne Ojeda $ 335,000.00
A. 11. Papus Sambola $ 90,000.00
A. 12. David Siedlecki $ 200,000.00
A. 13. Gary Slomba $ 9,000.00
A. 14. Deborah Staszak, as Adm. of the Est. of
Dorothy J. Kroll $ 143,000.00
A. 15. Corinda Stevenson p /n /g Jessica Hendrix $ 5,000.00
A. 16. Albert Tallchief $ 45,000.00
A. 17. Michael E. Triggs $ 3,000.00
That checks be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current Fiscal Year,
payable to the respective claimants and their attorneys, if any, herein above named, upon execution and delivery to the Corporation
Counsel of proper releases and closing papers.
PASSED
AYES -9 NOES -0
NO 78
MISCELLANEOUS REIMBURSEMENT
That, upon the recommendation of the Corporation Counsel, the following actions for property damage arising out of alleged negligence
on the part of the City of Buffalo, be compromised and settled:
C. 1. Dana Braxton - Rasheed $1 1 940.00
C. 2. Kathryn Gould $ 2,880.00
C. 3. Adam & June Hatfield $ 1,200.00
C. 4. Jessica Kane $ 90.00
C. 5. Michael Mazgajewski $ 2.00
That checks be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current Fiscal Year,
payable to the respective claimants, if any, herein above named, in the amounts set opposite their names and delivered to them upon
execution and delivery to the Corporation Counsel of proper releases where such releases are indicated.
PASSED
AYES -9 NOES -0
NO 77
NO 79
PROPERTY DAMAGE
That upon the recommendation of the Corporation Counsel, the
following action for property damage arising out of alleged negligence on
the part of the City of Buffalo, be compromised and settled:
recommendation of the Corporation Counsel
B. 1. Lynn Barnes
$
700.00
B. 2. Kevin Bohn
$
126.70
B. 3. Rashad Bridgers
$
1,333.95
B. 4. Brandy Crawley
$
1,060.00
B. 5. Rita Falcone
$
225.54
B. 6. Erika Hedberg
$
1,598.63
B. 7. Thomas Kistler
$
216.25
B. 8. Wade Lewis
$
320.81
B. 9. Kevin Luthringer
$
1,318.92
B. 10. Julie Moran
$
500.00
B. 11. Marie Rizzo
$
9,500.00
B. 12. Ann & Thomas Sullivan
$
625.00
B. 13. Leonard Wiggins
$
490.00
That checks be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current Fiscal Year,
payable to the respective claimants herein above named, upon execution and delivery to the Corporation Counsel of proper releases and
closing papers.
Manko Construction Services
$
PASSED
D. 12.
McCann & McCann Reporting
AYES -9 NOES -0
251.25
D. 13.
NO 78
MISCELLANEOUS REIMBURSEMENT
That, upon the recommendation of the Corporation Counsel, the following actions for property damage arising out of alleged negligence
on the part of the City of Buffalo, be compromised and settled:
C. 1. Dana Braxton - Rasheed $1 1 940.00
C. 2. Kathryn Gould $ 2,880.00
C. 3. Adam & June Hatfield $ 1,200.00
C. 4. Jessica Kane $ 90.00
C. 5. Michael Mazgajewski $ 2.00
That checks be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current Fiscal Year,
payable to the respective claimants, if any, herein above named, in the amounts set opposite their names and delivered to them upon
execution and delivery to the Corporation Counsel of proper releases where such releases are indicated.
PASSED
AYES -9 NOES -0
NO 80
MISCELLANEOUS INVOICE - D.17. - VERIZON - $45,626.75
That the above - mentioned item be and the same is hereby received and filed.
Adopted.
NO 81
MISCELLANEOUS INVOICES
That, upon the recommendation of the Corporation Counsel and the appropriate City Departments, the following claims be paid:
D. 18. Verizon Wireless $ 249.19
D. 19. Verizon Wireless $ 216.08
D. 20. Verizon Wireless $ 251.77
D. 21. Xerographic Solution$ 1,242.00
That checks be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current Fiscal Year,
payable to the respective claimants, herein above named, in the amounts set opposite their names and delivered to them upon execution
and delivery to the Corporation Counsel of proper releases where such releases are indicated.
PASSED
AYES -9 NOES -0
NO 79
MISCELLANEOUS INVOICES
That, upon the
recommendation of the Corporation Counsel
and the appropriate City Departments, the following claims be paid:
D. 1.
Allied Waste Services
$
501.25
D. 2.
Allied Waste Services
$
140.28
D. 3.
Buffalo Small Animal Hospital
$
8,522.00
D. 4.
Chudy Paper Co.
$
215.11
D. 5.
Denall, Vitrano & Associates
$
467.25
D. 6.
First Niagar Risk Management
$
1,420.83
D. 7.
Gross Shuman Brizdle & Gilfillan
$
4,746.82
D. 8.
Hiscock Barclay
$
247.50
D. 9.
Hiscock Barclay
$
1,201.20
D. 10.
Jason Hodge
$
825.00
D. 11.
Manko Construction Services
$
8,396.63
D. 12.
McCann & McCann Reporting
$
251.25
D. 13.
New York State
$
2,275.00
D. 14.
NYS Dept Envir Consery
$
3,546.75
D. 15.
Terra Viva /Concord Engineering
& M &T Bank
$
13,962.00
D. 16.
University Medical
$
30.00
That checks be drawn on the account of Org 17221008
(480205) Judgment and Claims Prior Years, or (480204) Current Fiscal Year,
payable to the respective claimants, herein above named, in the amounts set opposite their names and delivered to them upon execution
and delivery to the Corporation Counsel of proper releases
where such releases are indicated.
PASSED
AYES -9 NOES
-0
NO 80
MISCELLANEOUS INVOICE - D.17. - VERIZON - $45,626.75
That the above - mentioned item be and the same is hereby received and filed.
Adopted.
NO 81
MISCELLANEOUS INVOICES
That, upon the recommendation of the Corporation Counsel and the appropriate City Departments, the following claims be paid:
D. 18. Verizon Wireless $ 249.19
D. 19. Verizon Wireless $ 216.08
D. 20. Verizon Wireless $ 251.77
D. 21. Xerographic Solution$ 1,242.00
That checks be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current Fiscal Year,
payable to the respective claimants, herein above named, in the amounts set opposite their names and delivered to them upon execution
and delivery to the Corporation Counsel of proper releases where such releases are indicated.
PASSED
AYES -9 NOES -0
NO 82
MISCELLANEOUS REWARD
That, upon the recommendation of the Corporation Counsel and the appropriate City Department, the following reward is to be paid:
E. 1. Tonitet McDowell $ 1,000.00
That a check be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current Fiscal Year,
payable to the respective claimant and their attorneys, if any, herein above named, upon execution and delivery to the Corporation
Counsel of proper release and closing papers.
PASSED
AYES -9 NOES -0
NO 83
ITEM FOR DISCUSSION F.1.- ALLSTATE INSURANCE A/S /O
SHIRLEY RIEDHAMMER $ 3,181.05
That the above item be, and the same hereby is returned to the Common Council without recommendation.
Mr. Rivera moved:
That a check be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current Fiscal Year,
payable to the respective claimant and their attorneys, if any, herein above named, upon execution and delivery to the Corporation
Counsel of proper release and closing papers.
PASSED
AYES -9 NOES -0
NO 84
ITEMS FOR DISCUSSION
That upon the recommendation of the Corporation Counsel, the following actions for alleged negligence on the part of the City of Buffalo,
be compromised and settled:
F. 2. Theresa Senger $ 199.45
F. 3. Irene Younger $ 600.00
That checks be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current Fiscal Year,
payable to the respective claimant and their attorneys, if any, herein above named, upon execution and delivery to the Corporation
Counsel of proper release and closing papers.
PASSED
AYES -9 NOES -0
CIVIL SERVICE
(BONNIE E. RUSSELL, CHAIRPERSON)
NO 85
APPT GENERAL MECHANIC (PERM)(INTER)(SLOMBA)(PW)
(CCP# 34, 5/25)
Mrs Russell moved
That Communication of 34 of May 25, 2010, be received and Filed and that the Permanent appointment of Paul F. Slomba, 31 No Ryan
St, Buffalo, NY 14210 at the Intermediate Salary of $36,095.00 is hereby approved.
PASSED
AYES - 9 NOES — 0
NO 86
NOTICES OF APPOINTMENTS - TEMP /PROV /PERM CCP #56, 05/25
Mrs. Russell moved
That the above item be the same and hereby is Received and Filed
ADOPT
FINANCE
(MICHAEL P. KEARNS, CHAIRPERSON)
NO 87
AFFORDABLE HOUSING /NEIGHBORHOOD STABILIZATION GRANTS(COMPT)
CCP #13, 05/25
Mr. Kearns moved
That the above item be the same and hereby is Received and Filed
ADOPT
NO 88
CHANGE IN CONTRACT - CITY -WIDE SIDEWALK REPLACEMENT - 2009, GROUP #691
(ITEM NO. 26, C.C.P., MAY 25, 2010)
That the above item be, and the same hereby is returned to the Common Council without recommendation.
Mr. Kearns moved:
That the above item be, and the same hereby is received and filed.
Adopted
NO 89
CHANGE IN CONTRACT - REPAIR TO CITY PAVEMENTS, GROUP #696
(ITEM NO. 27, C.C.P., MAY 25, 2010)
That the above item be, and the same is hereby received and filed.
ADOPTED
NO 90
CHANGE ORDER - 2009 CITYWIDE TREE REMOVAL CONTRACT
(ITEM NO. 28, C.C.P., MAY 25, 2010)
That the above item be, and the same hereby is returned to the Common Council without recommendation.
Mr. Kearns moved:
That the above item be recommitted to the Committee on Finance
ADOPTED
NO 91
PERMISSION TO ENTER INTO A ONE -YEAR CONTRACT EXT. WITH NYS INDUSTRIES
FOR THE DISABLED (ITEM NO. 29, C.C.P., MAY 25, 2010)
That the above item be, and the same hereby is returned to the Common Council without recommendation.
Mr. Kearns moved:
That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to enter into a Preferred Source Extension
Agreement between the City and New York State Industries for the Disabled, Inc., to continue cleaning and janitorial services at the City
Court Building for the period commencing July 1, 2009 and expiring on June 30, 2010 for a price of $339,782.88. That the Mayor be, and
he hereby is authorized to execute the same.
PASSED
AYES -9 NOES -0
NO 92
CITY OF BUFFALO WATER BOARD AGREEMENT WITH VEOLIA WATER NORTH AMERICA
(ITEM NO. 58, C.C.P., APR. 27, 2010)
(ITEM NO. 76, C.C.P., MAY 25, 2010)
That the Common Council approve the Management Agreement between the Buffalo Water Board and Veolia Water North America -
Northeast, LLC and that the Mayor be, and he hereby is authorized to execute the Agreement.
PASSED
AYES — Franczyk, Golombek, Haynes, Kearns, LoCurto, Rivera, Russell, Smith 8; NOES - Fontana 1
NO 93
CREATION OF LEAK ABATEMENT PROGRAM IN THE COB(EXEC 1ST RES)
CCP #130, 03/30
Mr. Kearns moved
That the above item be the same and hereby is Received and Filed
ADOPT
NO 94
AUDIT REPORT -DIV OF COMP & BENEFITS -HR RESPONSE(COMPT)
CCP# 5, 1/05
Mr. Kearns moved
That the above item be the same and hereby is Received and Filed.
ADOPT
NO 95
REQUEST TO RENEW AND AMEND AGREEMENT - FRUITBELT HOMEOWNERS AND TENANTS
COUNCIL /COMMUNITY ACTION ORGANIZATION - 326-328,330,332 & 334 HIGH STREET
(ITEM NO. 6, C.C.P., OCT. 13, 2009)
That the Director of Real Estate be, and he hereby is authorized to renew the lease between the City and the Community Action
Organization of Erie County, Inc. for the use of 326 -328 High Street and also that 330 High (city -owned vacant lot 24' x 100'), 332 High
(city -owned vacant lot 5" x 125') and 334 High (city -owned vacant lot 25/x 115') to commence retroactively to May 1, 2007 and terminated
on April 30, 2012, all other terms and conditions of said lease agreement shall remain the same including but not limited to the conditions
as listed above. That the Acting Corporation Counsel be authorized to prepare the necessary documents to renew said lease and that the
Mayor be authorized to execute the same.
PASSED
AYES -9 NOES -0
NO 96
DIV OF REAL ESTATE TO BEGIN DISCUSSIONS WITH BFLO LEGACY CORP
RE DEVEL OF NEVILLY COURT (EXEC 1 ST & 2 RES) COP# 113, 7/21
Mr. Kearns moved
That the above item be the same and hereby is Received and Filed
ADOPT
COMMUNITY DEVELOPMENT
(MICHAEL J. LOCURTO, CHAIRPERSON)
NO 97
ABANDONMENT AND SALE - PORTION OF CINCINNATI (PAPER STREET) APPROX. 45' X 169'
(ITEM NO. 2, C.C.P., MAY 25, 2010)
That the above item be, and the same hereby is returned to the Common Council without recommendation.
Mr. Fontana Moved that the Hearing be Opened
2nd By Mr. Haynes
Appearances
Peggy Overdorf
Councilmember Fontana
Councilmember Fontana moved that the Hearing be closed 2 by Mr. LoCurto
Mr. LoCurto moved:
That after the public heating before the Committee on Community Development on June 8, 2010, the City of Buffalo does hereby abandon
a portion of Cincinnati Street (Paper Street) 45' x 169' and authorizes the City to sell such property pursuant to Article 27, Section 27 -5 of
the Charter of the City of Buffalo; and
That the offer from Buffalo Riverfest, LLC., in the sum of One Dollar ($1.00 and no more) for the purchase of a portion of Cincinnati
Street 45' x 169', be and hereby is accepted; with the condition that the property only be used for public recreational purposes and at such
time that the property is no longer dedicated to public recreational uses, title to the property reverts to the City of Buffalo; and
That the Acting Corporation Counsel be authorized to 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 98
REPORT OF SALE- 218 ORLANDO
(ITEM NO. 9, C.C.P., MAY 25, 2010)
That the above item be, and the same hereby is returned to the Common Council without recommendation.
Mr. LoCurto moved that the above item be recommitted to the Committee on Community Development
ADOPTED
NO 99
SEQR" BUFFALO RIVERFEST PARK
(ITEM NO. 66, C.C.P., MAY 25, 2010)
That the above item be, and the same hereby is returned to the Common Council without recommendation.
Mr. LoCurto moved:
That the Common Council does hereby adopt the Negative Declaration, Notice of Determination of Non - significance for the Buffalo
Riverfest Park in accordance with Article 8 of the New York State Environmental Quality Review Act of the New York State Environmental
Conservation Law (SEQRA) and 6 N.Y.C.R.R. Part 617.
ADOPTED
NO 100
MAGAVERN- PPG - RESPONSE ELIMINATING THE BERC
(#41,1/19)
That the above item be the same and hereby is Received and Filed.
ADOPTED
NO 101
J. MCGOWAN- WNYVA- RESPONSE ELIMINATING BERC
(#42, 1/19)
That the above item be the same and hereby is Received and Filed.
ADOPTED
NO 102
M. LAVIGNE- COMMENTS REG ELIMINATING THE BERC
(#40, 2/2)
That the above item be the same and hereby is Received and Filed.
ADOPTED
NO 103
CITY EMPLOYEES RECEIVING MULTIPLE SALARIES (CS)
( #27, 10/27)
That the above item be the same and hereby is Received and Filed.
ADOPTED
LEGISLATION
(JOSEPH GOLOMBEK JR., CHAIRPERSON)
NO 104
G. LAMARTINA, PETITION TO USE 739 ELMWOOD FOR A SIT -IN RESTAURANT WITH A
SIDEWALK CAFE (ITEM NO. 67, C.C.P., MAY 25, 2010)
That after the public hearing before the Committee on Legislation on June 1, 2010, the petition of G. Lamartina, owner, for permission to
use 739 Elmwood for a sidewalk care be, and hereby is approved.
PASSED
AYES -9 NOES -0
NO 105
C. MCCAFFREY, PETITION TO USE 2550 DELAWARE - FOR A FREESTANDING SIGN
(ITEM NO. 68, C.C.P., MAY 25, 2010)
That the petition of C. McCaffrey, agent, for permission to use 2550 Delaware for a ground 8' 11 Y2' x 60" sign be, and hereby is
approved.
PASSED
AYES -9 NOES -0
NO 106
FOOD STORE LICENSE - 473 JEFFERSON
(ITEM NO. 39, C.C.P., MAY 25, 2010)
That pursuant to Chapter 194 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services be, and he hereby
is authorized to grant a Food Store License to Khaled Baagari, d /b /a Willert Park Food Market located at 473 Jefferson.
PASSED
AYES -9 NOES -0
NO 107
SECOND HAND DEALER LICENSE - 1522 GENESEE
(ITEM NO. 43, C.C.P., MAY 25, 2010)
That the above item be, and the same hereby is returned to the Common Council without recommendation.
Mr. Golombek moved:
That pursuant to Chapter 254 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services be, and
he hereby is authorized to grant a Second Hand Dealer License to Shawn Sanders and Harrison Davis located at
1522 Genesee Street d /b /a Pre Own Entertainment Zone.
PASSED
AYES -9 NOES -0
NO 108
USED CAR DEALER LICENSE - 1526 WILLIAM
(ITEM NO. 46, C.C.P., MAY 25, 2010)
That the above item be, and the same hereby is returned to the Common Council without recommendation.
Mr. Golombek moved:
That pursuant to Chapter 254 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services be, and
he hereby is authorized to grant a Used Car Dealer license to Derjuan Baldwin d /b /a Juan's Auto located at 1526 William Street, with the
following conditions:
1. That there is no storage of tires on the premises.
2. That there are no junk automobiles on the premises.
PASSED
AYES -9 NOES -0
NO 109
M. ROMANOWSKI - KALEIDA HEALTH - SUPPLEMENT TO THE PETITION TO AMEND
FRUIT BELT URBAN RENEWAL AREA BOUNDARY (ITEM NO. 64, C.C.P., MAY 25, 2010)
That the above item be, and the same hereby is returned to the Common Council without recommendation.
Mr. Golombek moved:
That the above - mentioned item be and the same is hereby received and filed.
Adopted.
NO 110
M. ROMANOWSKI - KALEIDA HEALTH - PETITION TO AMEND FRUIT BELT URBAN RENEWAL AREA BOUNDARY
(ITEM NO. 71, C.C.P., MAY 11, 2010) (ITEM NO. 97, C.C.P., MAY 25, 2010)
That the above item be, and the same hereby is returned to the Common Council without recommendation.
Mr. Golombek moved:
That the Common Council herby grants the Petition to amend the Fruitbelt Urban Renewal Area boundary to facilitate Kaleida Health's
Proposed Skilled Nursing Beds at Buffalo General Hospital as proscribed in the above item.
PASSED
AYES -9 NOES -0
NO 111
D. SANDERS -J. GOLOMBEK -BMHA- CONCERNS CRIMINAL ACTIVITIES LAIRD AVE
( #65, 5/25)
That the above item be the same and hereby is Received and Filed.
ADOPTED
NO 112
LOCAL LAW INTRO. NO. 1 (2010) - BOARD OF PARKING
(ITEM NO. 98, C.C.P., MAY 11, 2010)
That the above item be, and the same hereby is, returned to the Common Council without recommendation.
Mr. Golombek moved:
That the Local Law as contained in Item No. 98, C.C.P., May 11, 20 10, be and the same hereby is approved.
PASSED
AYES -9 NOES -0
NO 113
LOCAL LAW INTRO. NO. 2 (2010) - DEPARTMENT OF HUMAN RESOURCES
(ITEM NO. 99, C.C.P., MAY 11, 2010)
That the above item be, and the same hereby is, returned to the Common Council without recommendation.
Mr. Golombek moved:
That the Local Law as contained in Item No. 99, C.C.P., May 11, 2010, be and the same hereby is approved.
PASSED
AYES -9 NOES -0
NO 114
LOCAL LAW INTRO. NO. 3 (2010) - DEPARTMENT OF LAW
(ITEM NO. 100, C.C.P, MAY 11, 2010)
That the above item be, and the same hereby is, returned to the Common Council without recommendation.
Mr. Golombek moved:
That the Local Law as contained in Item No. 100, C.C.P., May 11, 2010, be and the same hereby is approved.
PASSED
AYES -9 NOES -0
NO 115
LOCAL LAW INTRO. NO.4 (2010) - CREATION OF DEPARTMENT OF PARKING
(ITEM NO. 101, C.C.P., MAY 11, 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 116
LOCAL LAW INTRO. NO. 5 (2010) - DEPARTMENT OF ECONOMIC DEVELOPMENT AND PERMIT
AND INSPECTION SERVICES (ITEM NO. 102, C.C.P., MAY 11, 2010)
That the above item be, and the same hereby is, returned to the Common Council without recommendation.
Mr. Golombek moved:
That the Local Law as contained in Item No. 102, C.C.P., May 11, 2010, be and the same hereby is approved.
PASSED
AYES -9 NOES -0
NO 117
ORDINANCE AMENDMENT - CHAPTER 307 - PARKING AND PARKING LOTS
(ITEM NO. 103, C.C.P., MAY 11, 2010)
That the above item be, and the same hereby is, returned to the Common Council without recommendation.
Mr. Golombek moved:
That the Ordinance Amendment as contained in Item No. 103, C.C.P., May 11, 2010, be and the same hereby is approved.
PASSED
AYES -9 NOES -0
NO 118
72 -76 PEARL STREET - PROPOSED REVOCABLE LICENSE AGREEMENT FOR USE OF A PORTION
OF THE SENECA STREET RIGHT -OF -WAY (ITEM NO. 28, C.C.P., APR. 27, 2010)
That the Mayor be and he hereby is authorized to enter into a Revocable License Agreement with Mr. Earl Ketry, owner of the Pearl Street
Grill and Brewery, located at 72 -76 Pearl Street for the right to occupy a portion of Seneca Street for external staircase purposes as
specified in the attached communication.
PASSED
AYES -9 NOES -0
SPECIAL COMMITTEE EDUCATION
(DEMONE SMITH, CHAIRPERSON)
NO 119
L.P. CIMINELLI -BOARD PACKET DOCUMENTS NOVEMBER 2009
( #35, 11/24)
That the above item be the same and hereby is Received and Filed.
ADOPTED
NO 120
L.P. CIMINELLI- MONTHLY BOARD PACKET DOCUMENTS - FEBRUARY 2010
(#44, 2/16)
That the above item be the same and hereby is Received and Filed.
ADOPTED
NO 121
L.P. CIMINELLI BOARD PACKET DOCUMENTS MARCH 2010
( #50, 3/30)
That the above item be the same and hereby is Received and Filed.
ADOPTED
NO 122
L.P. CIMINELLI -BD PACKET DOCUMENTS APRIL 2010
( #59, 5/11)
That the above item be the same and hereby is Received and Filed.
ADOPTED
NO 123
D. SMITH -FIVE POINT BILK CLUB - ENDORSE USE OF 300 MANHATTAN FOR BFLO SCHOOLS
( #50, 3/16)
That the above item be the same and hereby is Received and Filed.
ADOPTED
NO. 124
SCHOOL 36 -40 DAYS PARK
( #8, 2/17)
That the above item be the same and hereby is Received and Filed.
ADOPTED
NO. 125
N. MAURI- REQUEST FOR BUS TRANSPORTATION TO SUBURB SCHOOL
(#42, 11/24)
That the above item be the same and hereby is Received and Filed.
ADOPTED
NO 126
D. MURPHY -DAYS PARK BC SUPPORTS ELMWOOD VILLAGE CHARTER
SCHOOL 10 DAYS PARK (#44,11/24)
That the above item be the same and hereby is Received and Filed.
ADOPTED
NO 127
LP CIMINELLI -BOARD PACKET DOCUMENTS JANUARY 2009
( #19, 1/6)
That the above item be the same and hereby is Received and Filed.
ADOPTED
NO 128
D. SMITH -A CONCEPT PAPER FOR A HEALTH EDUCATION AND SUPPORT CENTER
( #53,11/12)
That the above item be the same and hereby is Received and Filed.
ADOPTED
SPECIAL COMMITTEE BUDGET
(RICHARD A. FONTANA)
NO 129
BUDGET HEARINGS SCHEDULE FY 2010 -2011 (CC PRES)
COP# 24,4/27
Mr. Fontana moved
That the above item be the same and hereby is Received and Filed
ADOPT
NO 130
FONTANA- COUNCIL'S
BUDGET WORK SHOPS FY 2010 -201 1
CCP# 64,4/27
Mr. Fontana moved
That the above item be the same and hereby is Received and Filed
ADOPT
NO 131
FISCAL YEAR2010 -2011 BUDGET OVERVIEW (MAYOR)
CCP #2, 5/11
Mr. Fontana moved
That the above item be the same and hereby is Received and Filed
ADOPT
NO 132
BUDGET RESPONSE - COMPTROLLER
CCP# 15, 5/25
Mr. Fontana moved
That the above item be the same and hereby is Received and Filed
ADOPT
NO 133
RESPONSE 2010 -2011 BUDGET HEARING REQUESTED INFO(MAYOR)
CCP# 1, 5/25
Mr. Fontana moved
That the above item be the same and hereby is Received and Filed.
ADOPT
NO 134
R. CALIPARI- 2010 -2011 BUDGET HEARING REQUESTED INFO(COMPT)
CCP# 16, 5/25
Mr. Fontana moved
That the above item be the same and hereby is Received and Filed
ADOPT
NO 135
D. FISKIN- 2010 -2011 BUDGET HEARING REQUESTED INFO(COMPT)
COP# 17, 5/25
Mr. Fontana moved
That the above item be the same and hereby is Received and Filed
ADOPT
NO 136
A. FORTI- SCIARRINO- 2010 -2011 BUDGET HEARING REQUESTED INFO(COMPT)
CCP# 18, 5/25
Mr. Fontana moved
That the above item be the same and hereby is Received and Filed
ADOPT
NO 137
D. MCPHEARSON- 2010 -2011 BUDGET HEARING REQUESTED INFO(COMPT)
CCP# 19, 5/25
Mr. Fontana moved
That the above item be the same and hereby is Received and Filed
ADOPT
NO 138
RESPONSE - 2010 -2011 BUDGET HEARING REQUESTED INFO(ASMT)
CCP# 22, 5/25
Mr. Fontana moved
That the above item be the same and hereby is Received and Filed
ADOPT
NO 139
RESPONSE - 2010 -2011 BUDGET HEARING REQUESTED INFO(MIS)
CCP# 24, 5/25
Mr. Fontana moved
That the above item be the same and hereby is Received and Filed
ADOPT
NO 140
RESPONSE — 2010 -2011 BUDGET HEARING REQUESTED INFO (COM SVS)
MR. FONTANA MOVED
That the above item be the same and hereby is Received and Filed
ADOPT
NO 141
OVERTIME POLICY REQUEST(FIRE)
CCP# 35, 5/25
Mr. Fontana moved
That the above item be the same and hereby is Received and Filed
ADOPT
NO 142
FIRST QUARTER GAP 2009- 2010(A &F)
CCP# 25,12/8
Mr. Fontana moved
That the above item be the same and hereby is Received and Filed
ADOPT
NO 143
G. SCOTT - COLORED MUSICIANS CLUB INC OF WNY REQUEST FUNDING FROM
UPCOMING COB BUDGET CCP# 47,11/24
Mr. Fontana moved
That the above item be the same and hereby is Received and Filed
ADOPT
RD NO 144
3 QUARTER GAP FY 2008- 09(A &F)
CCP# 46, 5/26
Mr. Fontana moved
That the above item be the same and hereby is Received and Filed
ADOPT
NO 145
RESPONSE INFO REQUESTED REGARDING BUDGET(COMPT)
CCP# 5, 6/9
Mr. Fontana moved
That the above item be the same and hereby is Received and Filed
ADOPT
NO 146
VACANCIES AND COMMUNICATION DEVICES(COMM SERV)
CCP# 42, 6/23
Mr. Fontana moved
That the above item be the same and hereby is Received and Filed
ADOPT
RESOLUTIONS
NO 147
BY: MR. FRANCZYK
RETURN MARINE DRIVE MANAGEMENT TO RESIDENTS
WHEREAS: The old adage of "If it's not broke why fix it," was never more appropriately in play than the saga of the troubled management
of Marine Drive Apartments since the non - renewal of the tenants forty -year cooperative lease in 2004; and,
WHEREAS: The well -run tenant managed Marine Drive complex was often called the "jewel of the waterfront," a designation ruined by
the Hutchens Kissling KMDA LLC. Corporation, found to be engaging in widespread mismanagement and misappropriation of funds as
determined by the New York State Inspector General, leading to the current forensic audit; and,
WHEREAS: The Buffalo Municipal Housing Authority Board of Commissioners subsequently voted to remove the Hutchens Kissling
group from management of the Marine Drive apartments and contracted with the Erie Regional Development Corporation, leading to the
resignation of Property Manager Henry Littles under the accusation of misconduct; and,
WHEREAS: It seems clear that the stakeholders themselves, specifically the residents of Marine Drive, are best equipped and able to run
and manage their own apartments, which are in fact their homes; and,
WHEREAS: Marine Drive residents proved for four decades their ability to manage Marine Drive apartments; and,
WHEREAS: The Masiello Administration's refusal to renew the forty -year lease with the tenant cooperative in 2004 led to years of
mismanagement and corruption at Marine Drive Apartments with a rise in crime, vacant units, discontented residents and decline in
quality of life, culminating in the disgraced resignation of Erie Regional's Marine Drive manager; and,
WHEREAS: The Kissling Group and Erie Regional Development Corporation failed in providing the leadership necessary to properly and
honestly manage Marine Drive Apartments;
NOW THEREFORE BE IT RESOLVED:
That the Common Council supports the return of management of the Marine Drive Apartments to the tenant controlled cooperative,
Marine Drive Apartments, Inc., or a similar entity;
BE IT FURTHER RESOLVED:
That the BMHA abandon its failed policy of running Marine Drive through incompetent or corrupt outside surrogate management, and
return control to those committed to restoring a high quality of life and a strong waterfront community, the Marine Drive residents.
ADOPTED
AYES — Fontana, Franczyk, Golombek, Haynes, Kearns, LoCurto, Rivera, Russell 8; NOES — Smith 1
NO 148
BY: MR. GOLOMBEK
DISCHARGE LEGISLATION COMMITTEE ITEM #17 C.C.P. APRIL 13, 2010
"RESTAURANT DANCE CLASS 111 -3053 MAIN ST (UNIV)(EDPI)"
Whereas: The above item is currently in the Legislation Committee; and
Whereas: It is no longer necessary for this item to be considered by that committee;
Now, Therefore Be it Resolved:
That this Common Council does hereby discharge the Legislation Committee from further consideration of Item #17 C.C.P. April 13,
2010 "Restaurant Dance Class III -3053 Main St (Univ)(EDPI)" and said item is now before the Common Council for its consideration.
ADOPT DISCHARGE APPROVE
PASSED
AYES -9 NOES - 0
NO 149
BY: COUNCILMEMBER HAYNES
SET PUBLIC HEARING
SYCAMORE VILLAGE SUBDIVISION
381 SYCAMORE
WHEREAS, the City of Buffalo Urban Renewal Agency and one (1) individual homebuyer have negotiated a Purchase Contract for one
(1) home in the Sycamore Village Subdivision; and;
WHEREAS, the terms of said Purchase Contract has been approved by the City of Buffalo Urban Renewal Agency; and
WHEREAS, Article 15A of the "General Municipal Law" requires that the disposition of land may be approved only after a public hearing
with due notice.
NOW, THEREFORE, BE IT RESOLVED:
1. That the City Clerk is hereby directed to publish the notice attached hereto and marked "Notice of Hearing" in the Buffalo News, no
later than the 12th of June 2010.
2. That this Common Council will conduct a Public Hearing on the matter stated in said "Notice of Hearing" at 2:00 P.M. in the Council
Chambers on the 22 of June 2010.
ADOPTED
NO 150
BY: COUNCILMEMBER HAYNES
APPROVAL TO TRANSFER ONE (1) HOME IN
SYCAMORE VILLAGE SUBDIVISION
WHEREAS, the City of Buffalo Urban Renewal Agency has approved the transfer of one (1) home in the City of Buffalo Sycamore Village
Subdivision to one (1) individual homebuyer and subject to the finalization of all HOME subsidy eligibility requirements as determined by
the Agency and the Office of Strategic Planning; and
WHEREAS, the City Clerk has published a Notice of Public Hearing, as required by Section 507, Subdivision 2(d) of the "General
Municipal Law" and
NOW, THEREFORE, BE IT RESOLVED:
1. That the Mayor, the Chairman, Vice - Chairman, or any duly authorized officer of the City of Buffalo Urban Renewal Agency is hereby
authorized to execute any and all deeds or other documents necessary to convey land to the following purchaser which is subject to
approval of Agency Legal Counsel:
NAME SUB LOTS MINIMUM SALES PRICE
Laythanette Shine Lot 2, 381 Sycamore $150,000.00
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT
NO 151
SPONSOR: MR. HAYNES
APPOINT LEGISLATIVE AIDE ELLICOTT DISTRICT (CORTES)
Whereas: I hereby appoint Tina M. Cortes, residing at 675 Delaware Avenue, Apt. 406, Buffalo, New York, 14209, to the position of
Legislative Aide to the Ellicott District Council Office; and
Whereas: The effective date for said appointment shall be June 7, 2010;
Now, Therefore be it Resolved That:
Tina M. Cortes, residing at 675 Delaware Avenue, Apt. 406, Buffalo, New York, 14209, is hereby appointed as a Legislative Aide to the
Ellicott District Council Office, effective June 7, 2010.
ADOPTED
NO. 152
BY: COUNCIL MEMBER MICHAEL J. LOCURTO
DISCHARGE COMMUNITY DEVELOPMENT COMMITTEE FROM CONSIDERATION OF THE FOLLOWING ITEM:
CCP# 62,12/22/2009 - REPORT OF SALE - 26 AND 31 GIRARD"
Whereas: The above item is currently in the Community Development Committee; and
Whereas: It is no longer necessary for this item to be considered by that
committee;
Now, Therefore Be It Resolved:
That this Common Council does hereby discharge the Community Development from further consideration of item# 62, ccp December
22, 2009 - Report of Sale - 26 and 31 Girard and said 1 tern is now before the Common Council for its consideration."
ADOPT DISCHARGE APPROVE
PASSED
AYES -9 NOES -0
NO. 153
SPONSOR: MR. LOCURTO
ASSESSMENT REFORM IN CITY OF BUFFALO
Whereas The City of Buffalo's assessment policies should be fair to all home and business owners; and
Whereas In 2008 and 2009, roughly two thirds of all property owners who challenged their assessments were given some relief; and
Whereas Thousands of property owners have seen their properties reassessed four times since 2002, while twenty -seven neighborhoods
in the City saw revaluations only once in eight years; and
Whereas Residents and business owners do not mind paying their fair share of taxes, as long as the process is not arbitrary or unfair;
and
Whereas Both the Common Council of the City of Buffalo and the Office of the Mayor have expressed desire for assessment reform;
Now, Therefore, Be It Resolved:
That the Common Council of the City of Buffalo invite local and regional experts to an open discussion before an appropriate Committee
of the Common Council for purposes of addressing real assessment reform in the City; and
Now, Therefore, Be It Further Resolved:
That the invitees include Commissioner Kennedy and any other appropriate representatives from the Department of Assessment and
Taxation, property tax experts from the legal community, and representatives from the City of Rochester, New York's Bureau of
Assessment; and
Now, Therefore, Be it Finally Resolved:
That a copy of this communication be referred to the respective persons and entities referenced herein and that this item be referred to
the appropriate Common Council Committee for resolution.
ADOPT 1st RESOLVE, REFER REMAINDER TO THE COMMITTEE ON FINANCE
NO. 164
BY: MR. KEARNS
TRANSFER OF FUNDS COMMON COUNCIL
That pursuant to §20 -12 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the sum
Of$31,000 be and the same is hereby transferred within the Common Council and said sum is hereby reappropriated as set forth below:
From:
Councilmember 2
10103001 - 411001 Annual Salary $31,000.00
To:
City Clerk
10220006 - 434000 Other Contractual Services $23,000.00
Legislative
10102001 - 412002 Hourly Salary $8,000.00
PASSED
AYES -9 NOES -0
NO. 166
BY: MR. KEARNS
TRANSFER OF FUNDS
COMMON COUNCIL
That pursuant to §20 -12 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the sum
of $22,000 be and the same is hereby transferred within the Common Council and said sum is hereby reappropriated as set forth below:
From:
Legislative
10102001 - 411001 Annual Salary $22,000.00
To:
City Clerk
10220006 - 434000 Other Contractual Services $22,000.00
PASSED
AYES -9 NOES -0
NO. 166
BY MR. KEARNS
WAIVER OF BAND SHELL RENTAL FEES FOR SOUTH PARK HIGH SCHOOL
WHEREAS, Chapter 175 of the Code of the City of Buffalo establishes a schedule of fees that are to be charged with respect to licenses,
permits and activities required or regulated under the provisions of various chapters of the Code; and
WHEREAS, Pursuant to Chapter 175 of the Code, the established fee for rental of a Band Shell is $400 per day; and
WHEREAS, South Park High School is seeking the use of a Band Shell on June 12, 2010 as part of their "Party in the Park," a
community celebration and alumni recognition event that is being held to benefit the South Park High School Band; and
WHEREAS, South Park High School has contacted the Common Council and requested that the fee charged for use of this Band Shell
be waived; and
WHEREAS, Should they be successful in obtaining a waiver of this $400 fee, South Park High School has communicated that the money
they save will be used to help cover the cost of musical instrument repairs and purchase of some new musical equipment for their
students; and
WHEREAS, Cuts in New York State funding have left South Park and other city schools with little money to support their arts and
recreational programs, and a waiver of this fee will help ensure that the school has the equipment needed to maintain the quality of their
music
programming.
NOW, THEREFORE, BE IT RESOLVED,
That the Common Council of the City of Buffalo asks the Department of Public Works to waive South Park High School's fee for use of a
Band Shell for their June 12, 2010 "Party in the Park" event; and
BE IT FURTHER RESOLVED,
That the City Clerk forward a copy of this resolution to the Commissioner of the Department of Public Works, Parks & Streets as well as
the Principle of South Park High School.
PASSED
AYES -9 NOES -0
NO. 167
BY: MR. KEARNS
" DISCHARGING THE FINANCE COMMITTEE FROM CONSIDERATION OF THE FOLLOWING ITEM
PROPOSED AGMT WITH PAL TO ADMINISTER MAYOR'S SUMMER YOUTH PROG
(NO 49, C.C.P. MAY 26, 2010)
Whereas: The above item is currently before the Finance Committee; and
Whereas: It is no longer necessary for this item to be considered by that committee.
Now, Therefore Be It Resolved:
That this Common Council does hereby discharge the Finance Committee from further consideration of Rein No 49, C.C.P. May 25,
2010, "Proposed Agmt With PAL to Administer Mayor's Summer Youth Prog" and said item is now before the Common Council for its
consideration.
ADOPT DISCHARGE
Mr, Fontana motioned to amend above item seconded by Mr. Haynes
Given that there is no performance bond requirement stipulated in the terms and condition of the agreement before our Honorable Body, I
request of this Honorable Body that we include the following provisions in the contract and that our approval be
conditioned thereon,
In lieu of an lump -sum payment of $937,000.00, that payments occur on a periodic basis for non - payroll expenditures and on a payroll
period by payroll period basis for salary and fringe related expenditures, the details of payments to be worked out by and between the
Comptroller's Office and the Department of Community Services
The Comptroller be authorized to make cash advances for small supply purchases on an imprest basis
That any and all capital equipment purchased by PAL pursuant to this contract shall be returned to the City upon the conclusion of the
contract.
• That pursuant to City Charter Article 7, that the Comptroller
shall have the ability and the responsibility to conduct pre- or post audits of individual expenditures, or upon conclusion of the agreement,
a post audit of the agreement and related expenditures
• That a pro -forma budget identifying all anticipated
expenditures be included by enclosure to the agreement
APPROVED AS AMENDED
PASSED
AYES — FONTANA, FRANCZYK, GOLOMBEK, HAYNES, LOCURTO, TIVERA, RUSSELL, SMITH - 8 NOES — KEARNS - 1
MR. KEARNS IS IN THE NEGATIVE ON THE ITEM ONLY NOT THE AMENDMENT
NO. 158
BY: COMMON COUNCIL MEMBER BONNIE E. RUSSELL
POLICY FOR SELLING SURPLUS, WORN -OUT
AND OBSOLETE CITY -OWNED ASSETS
WHEREAS: Overtime, city owned vehicles, furniture, equipment, supplies and tools will wear -out and electronic equipment will become
obsolete and need to be replaced ; and
WHEREAS: in situations where city -owned assets have become surplus, worn -out or obsolete and it is unfeasible or undesirable to
refurbish or upgrade them, the city is essentially left with three alternatives; place the item in storage; discard the item; or attempt to sell
the item; and
WHEREAS: Selling old and obsolete city -owned assets is most attractive of these options because it provides additional revenue to the
city, frees up valuable space in municipal owned buildings for other uses, forgoes the need to send these items to a landfill, and provides
an affordable and environmentally friendly alternative for reuse; and
WHEREAS: City departments have on occasion, filed requests with the Common Council seeking permission to sell city -owned assets
such as most recently when on May 18, 2010, the Common Council approved a request from the Department of Management Information
Systems (MIS) for permission to sell several old and used city -owned computers; and
WHEREAS: The Common Council applauds the Department of MIS for their efforts to sell their old and obsolete equipment and
encourages other departments to explore similar opportunities for selling items that have out -lived their useful life to the city; and
WHEREAS: In order to ensure transparency in the disposal of city -owned assets and maximize the revenue that can be realized from
their sale, it is desirable that there be a policy in place for advertising items for sale to the general public.
NOW, THEREFORE BE IT RESOLVED:
That the Common Council supports the sale of surplus, worn -out and obsolete city -owned assets such as the computers recently
disposed of by the Department of MIS; and
AND, THEREFORE BE IT FURTHER RESOLVED:
That the Common Council requests of the Department of Administration and Finance and the Purchasing Division, that they provide to
the Common Council, by filing the following information with the City Clerk: a summary of the process utilized to identify city assets which
are available for sale how the minimum prices at which items should be sold are determined, as well as how potential sale dates are
determined; and
AND, THEREFORE BE IT FURTHER RESOLVED:
That the City establish a periodic method for selling or disposing of surplus, worn out or obsolete items, and that for sales, the terms of
sale, items for sale, sale dates, and contact and inspection of items information be posted on the City web site, and advertised with local
television, radio and newsprint media outlets.
AND, BE IT FINALLY RESOLVED:
That a copy of this resolution be forwarded to the Department of Administration and Finance, Law Department and all City Departments.
And that this resolution be referred to the Common Council Finance Committee for further discussion and follow -up.
Bonnie E. Russell
University District Councilmember
ADOPT RESOLVES REMAINDER REFERRED TO THE COMMITTEE ON FINANCE
NO. 159
BY: MR. SMITH
HOME RULE MESSAGE - ASSEMBLY BILL #A10916 -A AND SENATE BILL #$7664 -A - "AN ACT TO DEEM THE OBJECTS OR
PURPOSES FOR WHICH CERTAIN BONDS WERE ISSUED BY THE CITY OF BUFFALO TO BE FOR SITE IMPROVEMENTS
ADJACENT TO ALL HIGH STADIUM IN SAID CITY AND AUTHORIZING THE EXPENDITURE OF THE PROCEEDS FROM SUCH
BONDS FOR SUCH OBJECTS OR PURPOSES."
Whereas: A Bill has been introduced in the New York State Assembly Bill #A10916 -A and Senate Bill #$7664 -A -the purpose of which
is to deem the objects or purposes for which certain bonds were issued by the city of Buffalo in the county of Erie (the "City "), to be for
site improvements adjacent to All High Stadium in said city and to authorize the City to expend a $598,000 portion of the proceeds of
certain bonds issued on April 26, 2006 for such purposes; and
Whereas: This bill, which would be effective immediately upon enactment, would deem the objects or purposes for which certain bonds
were issued by the City on April 26, 2006 to be for site improvements adjacent to All High Stadium in the City, to expand parking facilities
and create a buffer zone between the parking facilities and adjacent residences, and to authorize the City to expend a $598,000 portion of
the proceeds from the issuance of such bonds for such objects or purposes; and
Whereas: The Council now finds that expenditure of a portion of the proceeds from such bonds was not needed to finance such cost of
land acquisition because the City acquired certain of such parcels through in -rem foreclosures and auctions and transferred jurisdiction
for school purposes to the Buffalo City School District; and
Whereas: Section 165.00 of the Local Finance Law provides that the proceeds from the issuance of bonds shall be expended only for
the object or purpose for which said bonds were issued or for the payment of principal of and interest on said bonds.; and
Whereas: Notwithstanding any other provision of law to the contrary, the passage of this act would enable the City to expend said bond
proceeds for the All High Stadium parking facilities purposes.
Now Therefore Be It Resolved:
That the Common Council of the City of Buffalo hereby goes on record in support of Assembly Bill #A1 0916-A and Senate Bill #87664 -A,
deeming the objects or purposes for which certain bonds were issued by the city of Buffalo to be for site improvements adjacent to All
High Stadium and authorizing the expenditure of the proceeds from such bonds for such objects or purposes; and
Be It Further Resolved:
That the City Clerk be directed to forward certified copies of this resolution to the Home Rule Counsel of the Assembly and the Senate;
Assembly Speaker Sheldon Silver, Senate Temporary President Malcolm Smith, and t0 members of the Western New York State
Legislative Delegation.
ADOPT
NO. 160
BY MR. SMITH
REDIRECTING BOND FUNDS FOR SITE IMPROVEMENTS ADJACENT TO ALL HIGH STADIUM AND RECONFIRMING
SUPPORT OF ASSEMBLY BILL #A10916 -A AND SENATE BILL #S7664 -A
Whereas: The Common Council adopted a bond resolution (Item No. 112 of the Common Council Proceedings of February 7, 2006)
and the City of Buffalo subsequently issued bonds in the aggregate principal amount of $995,196.16 to finance the cost of land
acquisition to expand the existing site for P.S. 307, East High School at 820 Northampton Street including listed parcels attached to such
bond resolution, together with site acquisition and infrastructure improvements; and
Whereas: A Bill has been introduced in the New York State Assembly Bill #A10916 and Senate Bill #S7664 - the purpose of which is to
deem the objects or purposes for which certain bonds were issued by the city of Buffalo in the county of Erie (the "City "), to be for site
improvements adjacent to All High Stadium in said city and to authorize the City to expend a $598,000 portion of the proceeds of certain
bonds issued on April 26, 2006 for such purposes; and
Whereas: This bill, which would be effective immediately upon enactment, would deem the objects or purposes for which certain bonds
were issued by the City on April 26, 2006 to be for site improvements adjacent to All High Stadium in the City, to expand parking facilities
and create a buffer zone between the parking facilities and adjacent residences, and to authorize the City to expend a $598,000 portion of
the proceeds from the issuance of such bonds for such objects or purposes; and
Whereas: The bill has erroneous declared that the Council previously adopted a resolution which stated that expenditure of a portion of
the proceeds from such bonds was not needed to finance such cost of land acquisition because the City acquired certain of such parcels
through in -rem foreclosures and auctions and transferred jurisdiction for school purposes to the Buffalo City School District; and
Whereas: Since there was no previous resolution, the Council would like to now declare that expenditure of a portion of the proceeds
from such bonds was not needed to finance such cost of land acquisition because the City acquired certain of such parcels through in-
rem foreclosures and auctions and transferred jurisdiction for school purposes to the Buffalo City School District; and
Whereas: Section 165.00 of the Local Finance Law provides that the proceeds from the issuance of bonds shall be expended only for
the object or purpose for which said bonds were issued or for the payment of principal of and interest on said bonds; and
Whereas: Notwithstanding any other provision of law to the contrary, the passage of this act and this amended resolution would enable
the City to expend said bond proceeds for the All High Stadium parking facilities purposes.
Now Therefore Be It Resolved:
That the Common Council of the City of Buffalo hereby goes on record declaring that expenditure of a portion of the proceeds from the
bond resolution approved as Item No. 112 of the Common Council Proceedings of February 7, 2006 was not needed to finance such cost
of land acquisition because the City acquired certain of such parcels through in -rem foreclosures and auctions and transferred
jurisdiction for school purposes to the Buffalo City School District; and
Be It Further Resolved:
That the Common Council of the City of Buffalo hereby goes on record in continued support of Assembly Bill #A1 0916-A and Senate Bill
#$7664 -A, deeming the objects or purposes for which certain bonds were issued by the city of Buffalo to be for site improvements
adjacent to All High Stadium and authorizing the expenditure of the proceeds from such bonds for such objects or
purposes; and
Be It Finally Resolved:
That the City Clerk be directed to forward certified copies of this resolution to the Home Rule Counsel of the Assembly and the Senate;
Assembly Speaker Sheldon Silver, Senate Temporary President Malcolm Smith, and to members of the Western New York State
Legislative Delegation.
ADOPTED
NO. 161
BY MR. SMITH
WHEREAS: TRAILBLAZING SIGNS, OTHERWISE KNOWN AS HONORARY STREET NAMES, ARE
GENERALLY ASSIGNED TO HONOR AND COMMEMORATE NOTEWORTHY PERSONS
ASSOCIATED WITH THE CITY OF BUFFALO; AND
Whereas: The Common Council has received a request for a trailblazing sign to honor Firefighter Jonathan S. Croom, a fallen hero of the
City of Buffalo Fire Department; and
Whereas: On August 24, 2009, Firefighter Jonathan S. Croom of Ladder 7 and Fire Lt. Charles W. McCarthy Jr. were part of a firefighter
assistance and search team ( "FAST') that entered a building on Genesee Street searching for trapped survivors. Witnesses had
informed arriving firefighters that they heard people screaming inside the blazing structure; and
Whereas: When the strength of the basement fire made conditions inside the building unbearable, the call went out to clear the building
of all firefighters. Lt. McCarthy bravely entered one last time to make sure none of his colleagues were left behind just as a portion of the
floor gave way and he fell into the basement. Lt. McCarthy sent out a "mayday" call for help on his portable radio that was answered by
Fire fighter Jonathan S. Croom, a 10- year veteran, who fell into the basement upon entering the building; and
Whereas: August 24, 2009 will be remembered as a tragic day for the City of Buffalo for the loss of two brave men who sacrificed their
lives while seeking to protect others who might be in danger; and
Whereas: It is desirable to commemorate Firefighter Jonathan S. Croom, a noteworthy hero in the City of Buffalo, with an honorary sign
on Mercer Avenue at Main Street; and
Whereas: A Trailblazing Sign would be an appropriate honor for Firefighter Jonathan S. Croom and fitting tribute to his bravery, heroism,
and dedication to his family, friends, and those in need.
Now, Therefore, Be It Resolved:
That the Common Council of the City of Buffalo hereby approves the installation of Trailblazing Signage proclaiming Mercer Avenue at
Main Street as "Firefighter Jonathan S. Croom Way ;" and
Now, Be It Finally Resolved:
That the Common of the City of Buffalo directs the Department of Public Works, Parks and Streets to
erect signage to effect.
ADOPT
BY MR. SMITH
NO. 162
FELICITATIONS /IN MEMORIAM
Attached hereto are Felicitation and In Memoriam Resolutions sponsored by Members of the Common Council as indicated:
Felicitation for Muster in the Meadow
By Councilmember LoCurto, Kearns
ADOPTED
BY: DEMONE A SMITH
NO. 163
APPOINTMENTS COMMISSIONERS OF DEEDS REQUIRED FOR THE
PROPER PERFORMANCE OF PUBLIC DUTIES
That the following person(s) are hereby appointed as Commissioner of Deeds for the term ending December 31,2010, conditional upon
the persons so appointed certifying under oath to their qualifications and filing same with the City of Buffalo
Bobbi Nelson
Michael Kracker
Derrick Syposs
Mark A. Rogowski
Kenya K. Hobbs
Amanda R. Blando
Total 6
ADOPTED
BY: DEMONE A SMITH
NO. 164
APPOINTMENTS
COMMISSIONER OF DEEDS
That the following persons are hereby appointed as Commissioner of Deeds for the term ending December 31,2010, conditional, upon
the person so appointed certifying under oath to their qualifications and filing same with the City Clerk:
-Katie M. Batolotta
-Matthew Paul Dabrowski
-Brian D. Sarama
-Gregory R. Biryla
-Erik Schwub
-Debra S.Slater
-Patrick Smith
-Tony Anderson
-Rodney Carmichael
-Carrie Ostrander
-Edward Betz
-TOTAL 11
ADOPTED
NO. 166
BY: DEMONE A SMITH
ADJOURNMENT
On a motion by Mr. Fontana, Seconded by Mr. Kearns, the Council adjourned at 3:40 PM
GERALD CHWALINSKI CITY CLERK
NO. 166
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, June 15, 2010 at 9:45 o'clock A.M.
Committee on Finance Tuesday, June 15, at 10:00 o'clock A.M.
following Civil Service
Committee on Comm. Dev. Tuesday, June 15, 2010 at 1:00 o'clock P.M.
Committee on Legislation Tuesday, June 15, 2010 at 2:00 o'clock P.M.
(Public Disclaimer): All meetinas are subiect to chanae and cancellation by the respective Chairmen of Council Committees. In the event
that there is sufficient time aiven for notification. it will be provided. In addition. there may be meetinas set uD wherebv the Citv Clerk's
Office is not made aware: therefore. unless we receive notice from the respective Chairmen. we can only make notification of what we are
made aware.