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Home My WebLink About10-0216-0121pp (2)No. 4 PROCEEDINGS OF THE CITY OF BUFFALO FEBRUARY 16, 2010 PENSION PROCEEDINGS JANUARY 21, 2010 MAYOR Hon. Byron W. Brown COMPTROLLER Andrew Sanfilippo COMMON COUNCIL PRESIDENT OF THE COUNCIL FILLMORE DISTRICT DAVID A. FRANCZYK PRESIDENT PRO TEMPORE NIAGARA DISTRICT DAVID A. RIVERA MAJORITY LEADER LOVEJOY DISTRICT RICHARD A. FONTANA DISTRICT COUNCIL MEMBERS CURTIS HAYES JR - ELLICOTT DEMONE A. SMITH — MASTEN MICHAEL J. LO CURTO — DELAWARE JOSEPH GOLOMBEK JR. — NORTH DAVID A. RIVERA- NIAGARA BONNIE C. RUSSELL - UNIVERSITY REGULAR COMMITTEES CIVIL SERVICE COMMITTEE: Bonnie E. Russell Chairman, Michael P. Kearns, Richard A. Fontana, Curtis Haynes Jr., David A. Rivera - Members CLAIMS COMMITTEE: David A. Rivera Chairman, Richard A. Fontana, Michael P. Kearns, Bonnie E. Russell - Members COMMUNITY DEVELOPMENT COMMITTEE: Michael LoCurto, Chairman, Richard A. Fontana, Joseph Golombek Jr., David A. Rivera, Demone Smith - Members FINANCE COMMITTEE: Michael P. Kearns, Chairman, Curtis Haynes Jr., Michael J. LoCurto, David A. Rivera, Bonnie E. Russell - Members. LEGISLATION COMMITTEE: Joseph Golombek Jr., Chairman, Richard A. Fontana, Curtis Haynes Jr., Michael LoCurto, David Rivera - Members. RULES COMMITTEE: David A. Franczyk, Chairman, Richard A. Fontana, David A. Rivera - Members 1-11:2 *] / e 1 S e i e L� i h� i 111 i 9 4 *1 Members BUDGET COMMITTEE: Richard A. Fontana, Chairman, Michael P. Kearns, Michael J. LoCurto, Bonnie E. Russell - EDUCATION COMMITTEE: Demone Smith, Chairman, Richard A. Fontana, Curtis Haynes Jr.- Members MINORITY BUSINESS ENTERPRISE COMMITTEE: Demone Smith Chairman, Richard A. Fontana, Joseph Golombek Jr., Curtis Haynes Jr. — Members PARKS OVERSIGHT: Demone A. Smith, Chairman, Richard A. Fontana, Curtis Haynes Jr., Michael P. Kearns, Michael J. LoCurto - Members POLICE OVERSIGHT: Richard A. Fontana, Chairman, Curtis Haynes Jr., Michael P. Kearns, David A. Rivera, Bonnie E. Russell, Demone Smith — Members PUBLIC TRANSPORTATION: Michael P. Kearns, Chairman, Richard A. Fontana, Michael J. LoCurto, David A. Rivera - Members WATERFRONT DEVELOPMENT COMMITTEE: Michael P. Kearns, Chairman, Joseph Golombek, Jr, Michael J. LoCurto, David A. Rivera, members CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO TUESDAY, FEBRUARY 16, 2010 AT 2:00 P.M. Present - David A. Franczyk, President of the Council, and Councilmembers: Fontana, Golombek Jr, Haynes Jr, Kearns, LoCurto, Rivera, Russell, Smith -8 Absent - 0 On a motion by Mr. Fontana, Seconded by Mr. Kearns, the minutes of the stated meeting held on February 2, 2010 were approved. INVOCATION PLEDGE TO FLAG DATE February 16, 2010 FINAL MAYOR 1. Reappointment- Examining Bd of Plumbers(Christiano) R &F MAYOR - EXECUTIVE 2. Cit Serv- Submission of Monthly Report - January 2010 R &F 3. Plan Bd -SEQR Lead Agency 288,290,296 Box - Overflow Pkg Lot(Masten) R &F 4. Strat Plan -Lease Renewal Req -PL PL Deve dba Budwey's to Lease 32 Seattle 5. Strat Plan - Results of Negotiations- 1336,1338,1340,1342 Seneca(Lov) APP 6. Strat Plan - Report of Sale -831 Clinton St(Fill) APP 7. Strat Plan - Report of Sale -299 Forest(Nia) APP 8. Strat Plan - Report of Sale -290 & 298 Hampshire(Nia) APP 9. Strat Plan - Report of Sale -79,83 Jewett, 11, 12,14 Brewster(Masten) CD 10. Strat Plan - Report of Sale -33 Lord(Fill) APP 11. Strat Plan - Report of Sale -401 Sweet(Fill) APP COMPTROLLER 12. Audit Report -One Sunset and The BERC Loan Program FIN 13. Bflo Water Bd -Basic Financial Statements Y/E 6/30/2009 FIN 14. Bflo Municipal Water finance Auth -Basic Financial Statements Y/E 6/30/09 FIN 15- 15A Certificate of Necessity- General City(Fire) R &F 16- 15. Gov't Transparency- Filming Meetings in Council Chambers FIN ASSESSMENT 17- 16. Appt Senior Tax Administrator (Perm)(Third Step)(Mack) CS PUBLIC WORKS 18- 17. Notification Serial #10540 -10542 R &F 19- 18. Change in Contract - Bailey Traffic Signal Improvements APP 20- 19. Change in Contract - Bailey Kensington Fire Station- Construction(Univ) APP 21- 20. Change in Contract - Bailey Kensington Fire Station- Electrical(Univ) APP 22- 21. Change in Contract - Bailey Kensington Fire Station -Plumb & Heat(Univ) APP 23- 22. Change in Contract -Erie Canal Harbor Streets Phase 2(Fill) APP 24- 23. Inter Brother of Elec Wkrs Qualified Installers of Muni Solar Elec Sys R &F 25- 24. Perm to Engage Sery of Consulting Eng- Continuing Groundwater & Wetlands 26- 25. Perm to Enter into Agmt NYSDOT Bflo Outer Harbor Enhancement Proj CD 27- 26. Perm to Expand Consultant Contract - Bailey Avenue Bridges(Lov) FIN 28- 27. Perm to Hire Consultant and Enter into Agmts- Riverfest Park(Fill) APP 29- 28. Perm to Increase Consultant Contract- LaBella Assoc - Michigan Ave Corridor(Ell) APP 30- 29. Reduction in Retention Main St -700 Block Reconstr Project(Ell) APP 31- 30. Reduction in Retention Main St- Hertel to Rte 198 APP 32- 31. Appt Greenskeeper (Prov)(Inter)(Stokely) CS 33- 32. Appt Park Supervisor I (Prov)(Inter)(Wojcik) CS POLICE 34- 33. Drug Asset Forfeiture Wire Transfers - January 2010 R &F FIRE 35- 34. FEMA Award - Assistance to Firefighters Grant Program FIN PERMITS AND INSPECTIONS 36- 35. Restaurant Dance License(Renewal) 130 South Park (Fill) APP 37- 36. Used Car Dealer -227 Niagara(Ell) APP ADMINISTRATION AND FINANCE Battaglia Demo, Inc - Modification Req- 1037 -1055 Seneca 38- 37. Request to Purchase From Sole Source Vendor- Segway Patrollers APP CITY CLERK 53. Kearns, etc 39- 38. Liquor License Applications R &F MISCELLANEOUS ADOPT 73- 40- 39. D. Buchwald -Req Police Camera at Intersection Genesee St & Floss Ave (Lov)_POL O /S, POL 41- 40. Buffalo Water Board Monthly Report - January 2010 R &F 42- 41. Bflo Wtr Bd -Res on Adoption of Amendments to the Schedule of Rates, 75- 54. LoCurto Disch CD- ccp #8, 2 /2- Report of Sale 843, 847, Fees and Charges FIN 43- 42. Bflo Wtr Bd- Resoulution on Adoption of Schedules of Rates, Fees and Charges 44- 43. LP Ciminelli Monthly Board Packet Documents - February 2010 ED 45- 44. M. Kearns -N. Farrell - Concerns Recycling FIN,PW 46- 44A M. Kearns -Bflo News Article Re Fund Reserves FIN 47- 45. NVAM- Calling for a Moratorium on Hiring Bflo Fire Dept LEG,HR,FIRE 48- 46. NVAM- Concerns Reg Process of Becoming a Buffalo Firefighter LEG,HR,FIRE 49- 47. J. Golombek -R. Mendez - ECWA -Resp Merger Bflo Wtr and EC Wtr Auth LEG 50- 48. NYSDEC- Brownfield Cleanup Program -NOCO Energy R &F 51- 49. NYS Env Quality Review Act -Canal Side Prjoject W/FRONT PETITIONS 52- 50. D. Hall - Owner, Use 326 Amherst St to Expand an Existing Restaurant(no pub hrg)(North) LEG,CPBD RESOLUTIONS 68- 51. Franczyk Amend Preservation Code to Prevent Architectural Plunder—ADOPT 2" & 3' RES, THE REM TO LEG,CC AND PRES BD 69- 51A Franczyk, etc Perm to Hang Banner Along Neighborhood Parade RouteADOPT 70- 51B Franczyk Battaglia Demo, Inc - Modification Req- 1037 -1055 Seneca _ADOPT 71- 52. Golombek, etc Oppose NYS Proposal to Sell Wine in Grocery Stores ADOPT 72- 53. Kearns, etc Common Council Supports NYS New Comprehensive Foreclosure Law ADOPT 73- 53A Kearns Increased Appropriation- General City (Fire) APP 74- 53B Kearns, etc City Owned Building Evaluation and Remediation ADOPT 1 ST & 2 ND RES REM TO FIN 75- 54. LoCurto Disch CD- ccp #8, 2 /2- Report of Sale 843, 847, 849 Seneca ADOPT D /C -CD 76- 55. Russell Budget and Personnel Amend -Mayor FIN 77- 56. Smith Felicitations & Memoriam ADOPT 78- 57. Smith Comm of Deeds Public Duties ADOPT TABLE ITEMS ---- - - - - -- #105 9/01/09 K. Frizlen, Owner, Rezone 301, 305, 311 West Utica for Multi Family Housing (Nia)(hrg 5/19) SUBMISSION LIST OF COMMITTEE ITEMS FOR THE COUNCIL MEETINGS CIVIL SERVICE 53 1. Com 23 Feb 2 Appt Laborer II(Perm)(2 d Step)(Gaines)(PW) APP 54- 2. Com 34 Feb 2 Notices of Appointments- Temp /Prow /Perm(Ct`� Clk) R &F COMMUNITY DEVELOPMENT Res 101 Feb 2 55- 3. Com 5 Feb 2 Report of Sale 59 Fillmore(Fill)(Strat Plan) APP 56- 4. Com 11 Feb 2 Transfer Jurisdiction 300 Manhattan From COB to Bflo Bd Ed(Mas)(Strat Plan) APP 57- 5. Com 1 Jan 19 2010 -2011 Annual Action Plan -Yr 36 Comm Dev Block Grant(Mavor)_R &F 58- 6. No 73 Nov 24 Report of Sale 59 Fillmore(Fill)(Strat Plan)( 46,11/10) R &F LEGISLATION 59- 7. Com 29 Feb 2 Food Store(New) 472 Main (Ell)(EDPI) APP 60- 8. Com 31 Feb 2 Second Hand Dealer -1277 Hertel (Del)(EDPI) APP 61- 9. Res 101 Feb 2 Ordinance Amendment- Domestic Partnership Benefits RECOMMIT 62- 10. Res 102 Feb 2 Ordinance Amendment- Domestic Partnership Registry APP 63- 11. Res 105 Feb 2 Ordinance Amendment- Rental Dwelling Unit Registration APP 64- 12. No 40 Jan 19 M. LoCurto- Article -City of Rochester Reassessment FIN 65- 13. No 53 Dec 8 A. Thompson- Support of Green Roof Legislation R &F 66- 14. Res 106 Nov 24 Commitment to Public Health ADOPT 67- 15. Res 84 Oct 27 Universal Healthcare ADOPT FROM THE MAYOR NO 1 REAPPOINTMENT - EXAMINING BD OF PLUMBERS (CHRISTIANO) Pursuant to Article 40-A, Section 311 of the Charter of the City of Buffalo, I hereby reappoint Anthony M. Christiano, 1273 Hertel Avenue, Buffalo, New York, 14216 to serve on the Examining Board of Plumbers for a 3 year term commencing immediately and expiring January 31, 2013. 1 hereby certify that the above named individual is fully qualified to serve as a member of the Examining Board of Plumbers. RECEIVED AND FILED FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE OFFICE OF CITIZEN SERVICES NO2 CIT SERV- SUBMISSION OF MONTHLY REPORT- JANUARY 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 January 2010, as mandated by Section 6 -20(c) of the City of Buffalo's City Charter. This monthly statistical report details the number and nature of inquiries, requests and complaints received. RECEIVED AND FILED FROM THE CITY PLANNING BOARD NO3 PLAN BD -SEQR LEAD AGENCY 288, 290, 296 BOX AVENUE BUFFALO HOUSING AUTHORITY OVERFLOW PKG LOT (MASTEN) Prior to the implementation of the above - referenced project, the requirements of the New York State Environmental Quality Review Act (SEQR) must be satisfied. The project, as defined under SEQR, is an Unlisted Action for which the completion of a coordinated environmental review is required. As per section 617.6 of the regulations, an agency responsible for determining the effect of this project on the environment must designate from the involved agencies within 30 calendar days of the date of this letter. It is the intent of the City of Buffalo Planning Board to assume Lead Agency status for this project. The draft Environmental Assessment form is enclosed for your review. If the City of Buffalo Common Council has no objection to designating the City of Buffalo Planning Board as Lead Agency, please respond to James E Morrell, Chairman, City of Buffalo Planning Board, Room 901 City Hall Buffalo New York 14202. RECEIVED AND FILED FROM THE OFFICE OF STRATEGIC PLANNING N04 STRAT PLAN -LEASE RENEWAL REQ -PL PL DEVE DBA BUDWEY'S TO LEASE 32 SEATTLE Lease Renewal Request From PL PL Development LLC (d /b /a Budwey's Kenmore Supermarket) to Lease 32 Settle (8' Strip of Land Running from Kenmore to Seattle) University District The Office of Strategic Planning, Division of Real Estate, has received a letter from Frank Budwey of Budwey's Supermarket (PL PL Development, LLC) to renew their lease agreement for an additional three (3) year period. The City owned property in question is a located at 32 Seattle. It is a paved 8' strip of land that runs from Kenmore Avenue to Seattle. The property is used as part of the parking lot for the properties at 396 & 400 Kenmore (Supermarket). The terms of the lease shall include but not limited to the following: 1. Lease for a three -year period 2. An annual rental of One Hundred Eighty Dollars ($180.00) 3. Said premises, or any part thereof, shall not be used by the Lessee other than parking purposes in conjunction with the operation of its facilities. 4. No structure or building of any nature shall be constructed over said premises. 5. No loads in excess of Five Hundred (500) pounds per square foot may be applied to the ground over and above the drain, which lies under the demised premises. 6. Tenant would be responsible to maintain the property and keep it clean and healthful conditions free of snow, ice and debris. The Lessee further agrees to use all reasonable precautions to prevent waste and agrees not to throw or deposit any dirt or other objectionable material in the areas in or about said premises. 7. The Lessee agrees to clean, maintain and keep in a cleaned condition that area immediately behind the leased premises commonly known as Seattle Street, a paper street, at no expense and no liability to the City. 8. The City of Buffalo and the Buffalo Sewer Authority reserve the right to enter upon said premises for the purpose of inspecting, cleaning, maintaining or repairing the drain at any time, and that any obstruction upon the said premises shall be removed by the Lessee solely at the expense of the Lessee. 9. Neither the City of Buffalo nor the Buffalo Sewer Authority shall be responsible or liable by reason of the existence of the drain on said property or for any damage or injury to the personnel or property of the Lessor to any other person or corporation who may enter upon said premises with the consent of the said Lessee, by reason of the failure of the drain to hold any load upon the surface of said premises. 10. That on all areas paved within the demised premises, the Lessee shall be responsible for raising the existing manholes to the new grade, and further, if any new pavement is disturbed, because of sewer maintenance, repair, etc. by the Lessor, the City of Buffalo and the Buffalo Sewer Authority shall not be liable for repairs to the said disturbed pavement. 11. That any use of the above described premises by the Lessee, its servants, agents, employees or invitees, shall be at all times subject to the supervision of the Buffalo Sewer Authority, and its officers or inspectors may at any time enter upon the premises to see that the above conditions are not being violated, and in case of any violations, the opinion of the Engineer of the Buffalo Sewer Authority in the determination of such violations shall be final. 12. The Lessee further agrees that it will hold the Lessor harmless of and from any and all liability of whatever name and nature and however caused in the use of the premises. The type and amount will be determined by the City's Corporation Counsel's Office. The City of Buffalo and the Buffalo Sewer Authority shall be named as additional insured on said policy. This office recommends that Your Honorable Body renew their present lease agreement for an additional three -year period commencing retroactively on November 1,2008 and terminating on October 31,2011. 1 am further recommending that Your Honorable Body authorize the Corporation Counsel to prepare the necessary documents to renew said lease and that the Mayor be authorized to execute the same. Mr. Fontana moved: That the above communication from the Office of Strategic Planning, Division of Real Estate, dated February 9, 2010, be received and filed and; That the request from Frank Budwey of Budwey's Supermarket (PL PL Development, LLC) to renew their Lease Agreement for an 8' strip of land that runs from Kenmore Avenue to Seattle Street, commonly known as 32 Seattle Street, for an additional three year period be and hereby is accepted upon, but not limited to, the express conditions contained in the above communication, for a period commencing retroactively on November 1, 2008 and terminating on October 31,2011 and The Corporation Counsel is hereby authorized to prepare the necessary documents to renew said lease and that the Mayor be authorized to execute the same upon the terms contained and outlined in the above communication. PASSED AYES -9 NOES -0 N06 START PLAN - RESULTS OF NEGOTIATIONS FOR THE ABANDONMENT & SALE 1336 SENECA, VACANT LOT 32 X 117 1338 SENECA, VACANT LOT 32 X 117 1340 SENECA, VACANT LOT 32 X 117 1342 SENECA, VACANT LOT 32 X 117 TOTAL ASSESSED VALUE: $14,800 LOVEJOY DISTRICT PRIOR COUNCIL REFERENCE: Item No. 11, C.C.P. 7/23/02 Pursuant to Item No. 11, C.C.P. 7/23/02 Your Honorable Body authorized the abandonment and sale of the above referenced properties. The Office of Strategic Planning, Division of Real Estate, has received a request from Joseph Breidenstein on behalf of Lesenka Property Management, 1345 Seneca Street, Buffalo, New York to purchase 1336, 1338, 1340 & 1342 Seneca Street. Lesenka Property Management, LLC would like to purchase said properties in order to landscape with trees, green space and some off - street parking for the property they own under the name of American Sales of Rochester (a.k.a American Glass Block Company, Inc. and Knight Motor Sales) at 1335 Seneca Street The subject properties are four (4) contiguous vacant commercial lots located on the northeast corner of Seneca and Lester Street, with approximately 129.32 feet of frontage along Seneca Street and approximately 117.45 feet of frontage on Lester for a total of approximately .35 acre. The site consists of deteriorating asphalt pavement and grass with an old chain link fence along Seneca and Lester. The properties in question were at one time used by the Department of Public Works for off - street parking in conjunction with the Seneca Street Garage. The City will retain ownership to the garage located at 1326 Seneca and three (3) adjoining lots located at 1328, 1330 & 1334 Seneca. There is a two -sided billboard one the property to be sold, which generates revenue in the amount of $997.50 per side for a total of $1,995 annually. The Division of Real Estate has contacted the Land Use Planning Committee and the Department of Public Works and there were no objections to the abandonment and sale of 1336, 1338, 1340 & 1342 Seneca. The City of Buffalo will transfer title of the subject properties on a Quit Claim Deed subject to covenants, easements, restrictions and rights of way of record, if any now in force. An independent appraisal of the property was conducted by Northeastern Appraisal Associates, Donna F. Renier, Principal Appraiser. She has estimated the value of the vacant lots to be Sixteen Thousand Dollars ($16,000.00) or One Dollar and Three Cents ($1.03) a square foot, plus a contributory value for the revenue of the billboard located at 1342 Seneca in the amount of Twelve Thousand Dollars ($12,000.00) for a total fair market value of Thirty Thousand Dollars ($30,000.00) for the 1336, 1338, 1340 & 1342 Seneca. The comparables used by the Appraiser showed an adjusted sale price ranging from .76 to 1.25 per square foot. The appraisal was submitted to the Appraisal Review Board and they concur with the Appraiser's estimate of value in the amount of Thirty Thousand Dollars ($30,000.00) Lesenka Property Management, LLC have agreed and is prepared to pay Thirty Thousand Dollars ($30,000.00) for said properties. They have also agreed to pay for the cost of the appraisal, transfer tax and recording fees. I am recommending that Your Honorable Body approve the results of our negotiations for the abandonment and sale of 1336, 1338, 1340 & 1342 Seneca to Lesenka Property Management, in the amount of Thirty Thousand Dollars ($30,000.00), plus closing costs. I am further recommending that the Corporation Counsel prepare the necessary documents for the transfer of title and the Mayor be authorized to execute the same. Mr. Fontana moved: That the above communication from the Office of Strategic Planning dated February 9, 2010, be received and filed; and That the offer from Joseph Breidenstein on behalf of Lesenka Property Management, 1345 Seneca Street, in the sum of Thirty Thousand Dollars ($30,000.00) for the purchase of 1336, 1338, 1340 and 1342 Seneca Street, 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 and the Corporation Counsel be authorized to prepare the necessary documents for the transfer of titles and that the Mayor be authorized to execute the same, in accordance with the conclusions of the Appraisal Review Board and in accordance with the terms and conditions included in the above communication. PASSED AYES -9 NOES -0 N06 STRAT PLAN - REPORT OF SALE 831 CLINTON, 103.38'E SMITH LOT SIZE: 26'X 115' ASSESSED VALUATION: $1,500.00 (FILLMORE DISTRICT) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Melvin Szkolnik, 827 Clinton Street, Buffalo, New York 14210 to purchase 831 Clinton. Mr. Szkolnik owns and resides at 827 Clinton, which is adjacent to 831 Clinton. He intends to use the property for additional yard space. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. The Division of Real Estate has investigated the sale of similar lots in the subject areal Sales range from Forty -Five Cents ($.45) to Seventy -Five Cents ($75), per square foot. Mr. Szkolnik has agreed and is prepared to pay One Thousand Five Hundred Dollars ($1,500.00), Fifty -Two Cents ($.52) 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 831 Clinton to Mr. Melvin Szkolnik 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 February 9, 2010, be received and filed; and That the offer from Melvin Szkolnik, residing at 827 Clinton Street, in the sum of One Thousand and Five Hundred Dollars ($1,500.00) for the purchase of 831 Clinton, be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES - 9 NOES — 0 N07 REPORT OF SALE 299 FOREST, 62'W PARKDALE LOT SIZE: 61'X 127' ASSESSED VALUATION: $7,600.00 (NIAGARA DISTRICT) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. James Swiezy, 436 Grant Street, Buffalo, New York 14213 to purchase 299 Forest. Mr. Swiezy owns an apartment building at 436 Parkdale, which is adjacent to 299 Forest. He intends to use the property for additional yard space for his tenants. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. The Division of Real Estate has investigated the sale of similar lots in the subject area. Sales range from Seventy -Five Cents ($75) to One Dollar and Twenty -Five Cents ($1.25), per square foot. Mr. Swiezy has agreed and is prepared to pay Seven Thousand Six Hundred Dollars ($7,600.00), One Dollar ($1.00) 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 299 Forest to Mr. James Swiezy in the amount of Seven Thousand Six Hundred Dollars ($7,600.00). 1 am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. Mr. Fontana moved: That the above communication from the Office of Strategic Planning dated February 9, 2010, be received and filed; and That the offer from James Swiezy, residing at 436 Grant Street, in the sum of Seven Thousand and Six Hundred Dollars ($7,600.00) for the purchase of 299 Forest, be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES -9 NOES -0 N08 STRAT PLAN - REPORT OF SALE -290 & 298 HAMPSHIRE (NIA) Report of Sale 290 Hampshire, 245.50'W Grant Lot Size: 25'x 110' Assessed Valuation: $3,800.00 298 Hampshire, 185.50'W Grant Lot Size: 30'x 90' Assessed Valuation: 4,200.00 (Niagara District) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Joe Constantine, 930 West Avenue, Buffalo, New York 14213 to purchase 290 and 298 Hampshire. Mr. Constantine owns a one family at 169 Arkansas, which is adjacent to 298 Hampshire and a vacant lot at 286 Hampshire which is adjacent to 290 Hampshire. He intends to use the vacant lots 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. Mr. Constantine has commissioned Timothy Troy, real estate appraiser, of Troy Realty and Appraisal, Inc. to estimate the fair market value of the subject properties. He has estimated the Fair Market Value to be Two Thousand Three Hundred Dollars ($2,300.00), Forty - Five Cents ($.45), per square foot. The Division of Real Estate has reviewed the appraisal reports and concurs with the appraisers' estimate of value. Mr. Constantine has agreed and is prepared to pay Two Thousand Three Hundred Dollars ($2,300.00) for the subject properties. He has also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 290 and 298 Hampshire to Mr. Joe Constantine in the amount of Two Thousand Three Hundred Dollars ($2,300.00). 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 February 9, 2010, be received and filed; and That the offer from Joe Constantine, residing at 930 West Avenue, in the sum of Two Thousand and Three Hundred Dollars ($2,300.00) for the purchases of 290 and 298 Hampshire, 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 titles 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 START PLAN - REPORT OF SALE-79,83 JEWETT, 11, 12,14 BREWSTER (MASTEN) Report of Sale 79 Jewett, 120' E Halbert Lot Size: 29'x 75' Assessed Valuation: $2,100.00 83 Jewett, 150' E Halbert, Lot Size: 31'X 75' Assessed Valuation: $42,200.00 11 Brewster, 90' E Halbert, Lot Size: 30'x 75', Assessed Valuation: $2,100.00 12 Brewster, 90' E Halbert, Lot Size: 30'x 75', Assessed Valuation: $2,100.00 14 Brewster, 120' E Halbert, Lot Size: 30'x 75', Assessed Valuation: $2,100.00 (Masten District) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Matthew Wolfe, General Manager of Market on Main, Inc., 2495 Main Street, Buffalo, New York 14214 to purchase 79 and 83 Jewett, 11, 12, and 14 Brewster. Market on Main, Inc. own properties in the surrounding area and intend to use the subject properties for their future development. 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. Market on Main, Inc. has commissioned Howard P. Schultz, real estate appraiser, of Howard P. Schultz & Associates, LLC to estimate the fair market value of the subject properties. He has estimated the Fair Market Value to be Seven Thousand Nine Hundred Dollars ($7,900.00), $70 Cents per square foot. The Division of Real Estate has reviewed the appraisal report and concurs with the appraisers' estimate of value. Mr. Matthew Wolfe on behalf of Market on Main, Inc. has agreed and is prepared to pay Seven Thousand Nine Hundred Dollars ($7,900.00), Seventy Cents ($70) per square foot for the subject properties. 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 79 and 83 Jewett, 11, 12 and 14 Brewster to Market on Main, Inc. in the amount of Seven Thousand Nine Hundred Dollars ($7,900.00). 1 am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO 10 STRAT PLAN - REPORT OF SALE -33 LORD (FILL) Report of Sale 33 Lord, S Cor. S. Division, 100.44' SL, 16.25' Rear, 103.50' on S. Division Lot Size: 39'x 104' Assessed Valuation: $1,900.00 (Fillmore District) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Rudolph A. Kaczmarek, 29 Lord Street, Buffalo, New York 14210 to purchase 33 Lord. Mr. Kaczmarek owns and resides at 29 Lord, which is adjacent to 33 Lord. 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. Mr. Kaczmarek has commissioned Pamela Breidenstein, real estate appraiser, of Breidenstein Appraisals, Inc. to estimate the fair market value of the subject property. She has estimated the Fair Market Value to be One Thousand Dollars ($1,000.00), Thirty -seven Cents ($37), per square foot. The Division of Real Estate has reviewed the appraisal reports and concurs with the appraisers' estimate of value. Mr. Kaczmarek has agreed and is prepared to pay One Thousand Dollars ($1,000.00) 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 33 Lord to Mr. Rudolph Kaczmarek in the amount of One Thousand Dollars ($1,000.00). 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. Mr. Fontana moved: That the above communication from the Office of Strategic Planning dated February 10, 2010, be received and filed; and That the offer from Rudolph A. Kaczrmarek, residing at 29 Lord Street, m the sum of One Thousand Dollars ($1,000.00) for the purchase of 33 Lord, 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, m accordance with the terms of sale upon which the offer was submitted. PASSED AYES -9 NOES -0 NO 11 STRAT PLAN - REPORT OF SALE -401 SWEET (FILL) Report of Sale 401 Sweet, 364.38' 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. Robert J. Collins, 228 Sobieski Street, Buffalo, New York 14211 to purchase 401 Sweet. Mr. Collins owns and resides at 228 Sobieski, which is adjacent to 401 Sweet. 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. Mr. Collins has commissioned Pamela Breidenstein, real estate appraiser, of Breidenstein Appraisals, Inc. to estimate the fair market value of the subject property. She has estimated the Fair Market Value to be Nine Hundred Dollars ($900.00), Thirty -Two Cents ($32), per square foot. The Division of Real Estate has reviewed the appraisal reports and concurs with the appraisers' estimate of value. Mr. Collins has agreed and is prepared to pay Nine Hundred Dollars ($900.00) 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 401 Sweet to Mr. Robert Collins in the amount of Nine Hundred Dollars ($900.00). 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 February 10, 2010, be received and filed; and That the offer from Robert J. Collins, residing at 228 Sobieski Street, in the sum of Nine Hundred Dollars ($900.00) for the purchase of 401 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 FROM THE COMPTROLLER NO 12 AUDIT REPORT - ONE SUNSET AND THE BERC BUSINESS LOAN PROGRAM Item No. 89, C.C.P., 6/9/09 For your information, we have prepared an audit of the performance of the Buffalo Economic Renaissance Corporation and its business loan program with a particular focus on the loans and other activities related to One Sunset. If you have any further questions on this matter, please feel free to contact the Department of Audit and Control. REFERRED TO THE COMMITTEE ON FINANCE NO 13 BFLO WATER BD -BASIC FINANCIAL STATEMENTS Y/E 6/30/2009 Basic Financial Statements and Required Supplementary Information as of and for the Year Ended June 30, 2009 This is to advise that copies of the Audited Financial Statements and Other Financial Information of the Buffalo Water Board for the year ended June 30, 2009, and Report of Independent Auditors, Drescher & Malecki, LLP, have been distributed to members of the Buffalo Water Board, the Buffalo Fiscal Stability Authority, the City Clerk, the Mayor, the Comptroller, the Division of Accounting and the Budget Office. This report is available as a public record for inspection by all interested parties. Pursuant to Section 35 of the General Municipal La the Common Council of the City of Buffalo may, at its discretion, prepare a written response to the report of external audit and file such response with the City Clerk as a public record for inspection by all interested persons. Copy available for review in the City Clerk's Office REFERRED TO THE COMMITTEE ON FINANCE NO 14 BFLO MUNICIPAL WATER FINANCE AUTH -BASIC FINANCIAL STATEMENTS Y/E 6/30/2009 Buffalo Municipal Water Finance Authority Basic Financial Statements and Required Supplementary Information as of and for the Year Ended June 30, 2009 This is to advise that copies of the Audited Financial Statements and Other Financial Information of the Buffalo Water Finance Authority for the year ended -June 30, 2009, and Report of Independent Auditors, Drescher & Malecki LLP, have been distributed to members of the Buffalo Municipal Water Finance Authority, the Buffalo Fiscal Stability Authority, the City Clerk, the Mayor, the Comptroller, the Division of Accounting and the Budget Office. This report is available as a public record for inspection by all interested parties. Pursuant to Section 35 of the General Municipal Law, the Common Council of the City of Buffalo may, at its discretion, prepare a written response to the report of external audit and file such response with the City Clerk as a public record for inspection by all interested persons. Copy available for review in the City Clerk's Office REFERRED TO THE COMMITTEE ON FINANCE NO. 15 CERTIFICATE OF NECESSITY INCREASED APPROPRIATION GENERAL CITY We, Byron W. Brown, Mayor and Andrew A. SanFilippo, Comptroller, do hereby certify, pursuant to §20 -11 of the Charter, that an increase in the sum of $200,000 in the estimate for the fiscal year beginning July 1, 2009 is necessary in the Fire Department to meet a contingency which could not have been reasonably foreseen when the budget was adopted. The amount of increased appropriation will be met from increased revenue in the account titled Reserve for Emergency Medical Services, not otherwise appropriated for any other purpose. The details of the requirements are set forth below: That, the Comptroller be and hereby is authorized and directed to increase the revenue estimate for the account: From: Reserve for Emergency Medical Services $200,000 10700096- 397206 To meet the increased appropriation as set forth below: TO: Fire Department 12142007 - 474100 EMS Capital Outlay — Equipment $200,000 Dated: Buffalo, NY February 9, 2010 RECEIVED AND FILED NO. 16 GOVERNMENT TRANSPARENCY - FILMING MEETINGS IN COUNCIL CHAMBERS ITEM NO. 68, C.C.P., 1/19/10 You have asked the Department of Audit and Control to comment on the resolution proposing that all City agencies, authorities, boards, commissions and similarly situated committees be required to have their meetings filmed and televised on the City's government access channel. It could go without saying that the Comptroller supports any concept that would increase transparency and accountability in government. Public meetings and access to information are the hallmarks of open government for the people. That being said, any reservations from this office would primarily be fiscal in nature, and we would ask that any additional actions to move forward with this endeavor reasonably reflect current or future budgetary considerations. If you have any further questions on this matter, please feel free to contact the Department of Audit and Control. REFERRED TO THE COMMITTEE ON FINANCE FROM THE COMMISSIONER OF ASSESSMENT AND TAXATION NO. 17 Appointment Effective January 1, 2010 in the Department of Assessment & Taxation to the Position of Senior Tax Administrator, Permanent Appointment at the Third Step of$62,297.00 Latifa A. Mack, 159 Hamlin Rd, Buffalo, NY 14208 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO. 18 NOTIFICATION SERIAL # 10540 INSTALL HANDICAPPED PARKING BUSTI AVENUE, BOTH SIDES BETWEEN 210 FEET NORTH OF THE NORTH CURB OF MARYLAND STREET AND A POINT 60 FEET NORTH THERE FROM (ELLICOTT DISTRICT) HANDICAPPED PARKING - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 26 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: HANDICAPPED PARKING HANDICAPPED PARKING LOCATION PERIOD OF HANDICAPPED PARKING Busti Avenue, both sides between a point 210 At All times feet north of the north curb of Maryland Street and a point 60 feet north therefrom This action is being taken at the request of The Belle Center to provide for additional access for employees and patrons. NOTIFICATION SERIAL #10541 NO STANDING SCHOOL DAYS - INSTALL ON FRANKLIN STREET, EAST SIDE BETWEEN THE SOUTH BUILDING LINE OF#433 FRANKLIN STREET AND THE NORTH BUILDING LINE OF#433 FRANKLIN STREET (ELLICOTT DISTRICT) NO STANDING - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 22 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: NO STANDING PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD Franklin Street, east side 7:00 AM TO 5:00 PM between the south building line of #433 Franklin Street School Days and the north building line of #433 Franklin Street This action is being taken in order to allow for safe loading and unloading of students at the Rainbow K School. NOTIFICATION SERIAL #10542 REPEAL NO PARKING ON ALBANY STREET, NORTH SIDE BETWEEN HERKIMER STREET AND A POINT 120 FEET WEST THEREFROM (NIAGARA DISTRICT) NO PARKING - REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 24 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: NO PARKING PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD Albany Street, north side between Herkimer Street 9 AM -12 PM and a point 120 feet west therefrom This action is being taken to provide more on- street parking in this area. The current restriction was instailed for the Catholic Church at this location, which has since been closed. RECEIVED AND FILED NO. 19 CHANGE IN CONTRACT BAILEY AVANUE TRAFFIC SIGNAL IMPROVEMANTS CONTRACT# 93000077 P1N # 5756.82 UNIVERSITY AND LOVEJOY DISTRICTS (ITEM NO. 29, C.C.P. 03/16/2004) Contract Summary: Contract Amount $195,687.00 + Amount of Change Order $ 9,895.00 Revised Contract Amount $ 205,582.00 City share of Change Order - 5% or $ 494.75 1 hereby submit to your Honorable Body the following change for this contract. Stantec Consulting Services Inc. is the Consultant for the Bailey Avenue Traffic Signal Improvements Project for the City of Buffalo. This contract provided for the construction inspection of this project. This increase is necessary to fund additional inspection services needed for this project. This is a federally funded project and the funding breakdown is 80% Federal, 15% State and 5% City. I certify that this increase is fair and equitable for the work involved. The Federal and State portions ( 95% ) have already received approval. The funds are available in Capital Project Account # 31959906 - 445600. Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated February 4, 2010, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue a Change Order to Stantec Consulting Service, an increase in the amount of $9,895.00, the City's share is 5% or $494.75, as more fully described in the above communication, for work relating to Bailey Avenue Traffic Signal Improvements, Contract #93000077. Funds for this project are available in Capital Project Account #31959906 - 445600. PASSED AYES -9 NOES -0 NO. 20 CHANGE IN CONTRACT BAILEY KENSINGTON FIRE STATION CONSTRUCTION JOB #0810 UNIVERSITY DISTRICT I hereby submit to Your Honorable Body the following changes for the Bailey Kensington Fire Station. Construction, Christa Construction. C #93000266. 1. Omit decorative driveway columns. Deduct $479.81 2. Paint at parking lot entry canopy soffit. Add $582.00 3. Furnish and install additional structural tube steel at base Add $2,006.00 of profilit glass system. 4. Eliminate one door leaf at Room 121 & relocate door and Add $368.00 wall at Room 121 A. 5. Furnish and install additional landscaping per Buffalo Add $2,624.00 Planning Board. 6. Furnish and install 8" jambs to door #'s 100a, 106, 115. 117e. Add $348.00 7. Furnish and install duplex outlets at all 49 gear lockers. Add $2,976.00 8. Omit decon room counter. Deduct $300.00 9. Architectural /structural redesign of column F -5 (column Add $5,768.00 between apparatus bay garage doors). 10. Relocate the W8 beam above door #200. Add $391.00 11. Eliminate the wood pergola and redesign the wing wall. Deduct $5,082.00 Both items are at the SW patio. 12. Modifications required to install apparatus bay garage doors. Add $5,790.00 The foregoing change results in a net increase in the contract of Fourteen Thousand Nine Hundred Ninety One and 19/100 Dollars ($14,991.19). Summary Original Contract Amount $2,567,000.00 Add $ 14,991.19 Revised Contract amount $2,581,991.19 Costs have been reviewed by the consulting architect (Stieglitz Snyder Architecture) and the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in 31320106 445100 - Division of Buildings. Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated January 22, 2010, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue change order No. 1, to Christa Construction, an increase in the amount of $14,991.19, as more fully described in the above communication, for work relating to Job No. 0810, Bailey Kensington Fire Station, Construction, C #93000266. Funds for this project are available in 31320106 445100 - Division of Buildings. PASSED AYES -9 NOES -0 NO. 21 CHANGE IN CONTRACT BAILEY KENSINGTON FIRE STATION CONSTRUCTION JOB #0810 UNIVERSITY DISTRICT I hereby submit to Your Honorable Body the following changes for the Bailey Kensington Fire Station. Construction, Electrical Work. CIR Electrical, C #93000267. 1. Add (2) 4" conduits from existing power pole to the Add $6,210.00 electrical room. 2. Add (1) duplex outlet to each of (49) turn out gear outlets. Add $5,391.00 3. Credit for the change of fixtures. Deduct $1,631.00 4. Credit to omit the new power pole & use existing power pole and transformers. Deduct $7,500.00 5. Add for the installation of (2) 4" conduits from the Verizon Add $54,548.00 manhole to the storage room (approx 300') for communications lines. The foregoing changes result in a net increase in the contract of Fifty Seven Thousand Eighteen and 00/100 Dollars ($57,018.00). Costs have been reviewed by the Consulting Architect (Stieglitz Snyder Architecture) and the Department of Public Works, Parks & 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 January 22, 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 CIR Electrical, an increase in the amount of $57,018.00, as more fully described in the above communication, for work relating to Job No. 0810, Bailey Kensington Fire Station, Electrical Work, C #93000267. Funds for this project are available in 31320106 445100 - Buildings. PASSED AYES -9 NOES -0 NO. 22 CHANGE IN CONTRACT BAILEY KENSINGTON FIRE STATION CONSTRUCTION JOB #0810 UNIVERSITY DISTRICT I hereby submit to Your Honorable Body the following changes for the Bailey Kensington Fire Station, Construction, L & D Johnson Plumbing & Heating, C #93000265. 1. Change of specification for the decon room sink. Deduct $127.00 2. Combine parking lot storm drain with building storm /sewer Deduct $4,697.09 and omit the 2 nd trap. 3. Additional cost for water service tap due to location of an Add $11,276.70 underground electric duct. 4. Additional cost for redesigned gas service. Add $1,188.18 5. Add (2) roof drains and required conductor to middle roof. Add $5,814.20 6. Balance of credit for gas service allowance. Deduct $4,500.00 7. Additional cost for house storm /sewer trap. Add $3,049.86 The foregoing change results in a net increase in the contract of Twelve Thousand Four and 85/100 Dollars ($12,004.85). Summary Original Contract Amount $322,773.00 Amount of this Contract Change Order# 1 Add $12,004.85 Revised Contract Amount $344,777.85 Costs have been reviewed by the Consulting Architect (Stieglitz Snyder Architecture) and the Dept. of Public Works, Parks & 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 February 8, 2010, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue Change Order No. 1, to L & D Johnson Plumbing, an increase in the amount of $12,004.85, as more fully described in the above communication, for work relating to Job No. 0810, Bailey Kensington Fire Station, Plumbing Work, C #93000265. Funds for this project are available in 31320106 445100 - Buildings. PASSED AYES -9 NOES -0 NO. 23 CHANGE IN CONTRACT ERIE CANAL HARBOR STREETS - PHASE 2 CONTRACT #93000475 PIN #5755.99 FILLMORE DISTRICT Contract Summary: Contract Amount $2,607,110.10 + Amount of change order(# 1) $ 22,192.40 Revised Contract Amount $2,619,302.50 City share of Change Order ( #1) - 5% or $609.62 1 hereby submit to your Honorable Body the following change for this contract. Mark Cerrone, Inc. is the Contractor for the Erie Canal Harbor Streets - Phase 2 Project for the City of Buffalo. This contract provided for the construction of the project. This increase is necessary to fund additional traffic signal work at the intersection of Scott St., Main Street, Marine Drive and Hanover Street. This work involves the installation of pedestrian signals and countdown timers and will improve safety at this intersection. An itemized list of items included for this change is attached. This is a federally funded project and the funding breakdown is 80% Federal, 15% State and 5% City. I certify that this increase is fair and equitable for the work involved. I respectfully request that your Honorable Body approve the subject change order and authorize the Commissioner of Public Works, Parks and Streets to issue said increase for $12,192.40. Of this amount, 5% or $609.62 is the City share of the change. The Federal and State portions (95 %) have already received approval. The funds are available in Capital Project Account #35872606- 445100. Attachment Mr. Fontana moved: That the above Communication from the Commissioner of Public Works, Parks and Streets dated February 3, 2010, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is anthorized to issue change order No. 1, to Mark Cerrone, Inc., an increase in the amount of $12,192.40, the City's share is 5% or $609.62, as more fully described in the above Communication, for work relating to Erie Canal Harbor Streets - Phase 2, Contract #93000475. Funds for this project are available in Capital Project Account #35872606- 445100. PASSED AYES - 9 NOES — 0 NO. 24 INTERNATIONAL BROTHERHOOD OF ELEC WORKERS QUALIFIED INSTALLERS OF MUNICIPAL SOLAR [: ELECTRIC SYSTEMS ITEM NO. 48, CCP 10/10/09 This item is in response to the letter sent to Councilmember LoCurto from IBEW Local 41 concerning violation of General Municipal Law, Section 103, and hiring unqualified solar installers. To our knowledge; there is only one solar project that was being considered for a contract; it was Solar Liberty. Currently it is in Law. At this time we are not advertising and /or soliciting bids for these projects. RECEIVED AND FILED NO. 25 PERMISSION TO ENGAGE SERVICES OF CONSULTING ENGINEER FOR CONTINUING GROUNDWATER MONITORING & WETLANDS MITIGATION NORTH ITEM NO. 32, C.C.P. 05/26/09 1 respectfully request that Your Honorable Body authorize the Department of Public Works, Parks and Streets to grant permission to hire a consultant to provide engineering services for post closure monitoring including required routine groundwater sampling and analysis, required reporting to the NYSDEC & USACE including the coordination of all required meetings, and the required wetlands mitigation and re- location, enhancement, and monitoring. The original project included study, detailed design, and construction management for the purpose of implementing the closure including all required remediation and mitigation of the northern area landfill located on Squaw Island. As part of the closure and permit for this location, groundwater monitoring and wetland mitigation is required. The costs for consulting services are estimated not to exceed $50,000.00. The funds are available in Capital accounts 30335106 445100 and 31310906 445100 This item was previously approved. The following account has been added to this communication: 31310906 445100. Mr. Fontana moved: That the above Communication from the Commissioner of Public Works, Parks and Streets dated February 8, 2010 be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to hire a consultant to provide engineering services for post closure monitoring including required routine groundwater sampling and analysis. Funds for this project are not to exceed $50,000.00 and are available in Capital Accounts 30335106 445100 and 31310906 445100. PASSED AYES -9 NOES -0 NO. 26 PERMISSION TO ENTER INTO AGREEMENT W /NYSDOT BUFFALO OUTER HARBOR ENHANCEMENT PROJECT -PIN 5759.42 [SOUTH DISTRICT 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 construction phase of the Tifft Street Wharf project. The construction phase of the subject project is being funded through the Transportation Enhancement Program (TEP) portion of the American Recovery and Reinvestment Act of 2009 (ARRA), which provides a 100% federal Aid reimbursement. This agreement, which will allow NYSDOT to administer the construction phase of the project at its current cost of $1,100,000 by utilizing the City of Buffalo's TEP allocated funds and will be paid directly to NYSDOT. In addition, permission is requested for which City will, upon project completion, operate and maintain the project at no expense to the NYSDOT. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPNENT. NO. 27 PERMISSION TO EXPAND THE SCOPE TO OUR EXISTING CONSULTANT CONTRACT [CLOUGH HARBOUR & ASSOCIATE LLP [BAILEY AVENUE BRIDGES CONTRACT # 92011078 LOVEJOY, SOUTH DISTRICT I hereby submit to your Honorable Body the following change for this contract. Clough Harbour & Associate is the engineering consultant for design and construction inspection services for proposed replacement of the two highly deficient bridges that carry Bailey Avenue over Buffalo River & Cazenovia Creek project. City originally signed an agreement with the consultant only for Preliminary Design Phase of the bridge over Cazenovia Creek. However, after discussion with and approval by NYSDOT, GBNRTC, Community members and Stakeholder, the decision was made to combine the two bridges into one project. The bridge over Buffalo River which is located in close proximity to Cazenovia bridge which would allow two bridges to be replaced with one longer bridge. Since our consultant was already working on one bridge, it would make most sense to let them design the second bridge. Replacing the two bridges as one project and at the same time will have less impact on the traffic and neighborhood and would be a cost effective. This increase is necessary for following additional services: 1- Additional Design services $1,076,754.00 2- Inspection services during construction phase $1,119,610.00 I certify that this increase is fair and equitable for the work involved and respectfully request that your Honorable Body approve the subject costs increase and authorize the Commissioner of Public Works. Parks and Streets to issue said increase for $2,196,364.00 This is a federal and State funded project with City's share of 5% of the total costs. The funds are available in our Capital Accounts. REFERRED TO THE COMMITTEE ON FINANCE, NO. 28 PERMISSION TO HIRE A CONSULTANT AND ENTER INTO AGREEMENTS FOR THE INSPECTION AND CONSTRUCTION OF RIVERFEST PARK AND THE ADJACENT SECTION OF OHIO STREET CITY OF BUFFALO, COUNTY OF ERIE FILLMORE DISTRICT In order to move this project forward, this Department is requesting permission to take proposals and hire an Engineering Consultant for the construction inspection of this project. It is also necessary for Your Honorable Body to authorize the Mayor and /or this Department to enter into all necessary agreements. These agreements would enable this Department to administer this project and will cover all necessary work needed to complete the inspection and construction of this project. Funding to hire the Engineering Consultant will be identified in a future bond sale. Mr. Fontana moved: That the above Communication from the Commissioner of Public Works, Parks and Streets dated February 1, 2010 be received and filed; and That the Commissioner of Public Works, Parks & Streets be, and he hereby is authorized to take proposals and report back to the Council with a responsible bidder to hire an Engineering Consultant for the construction inspection of Riverfest Park and the adjacent section of Ohio Street. Funds for this project will be identified in a future bond sale. PASSED AYES -9 NOES -0 NO. 29 PERMISSION TO INCREASE CONSULTANT CONTRACT LABELLA ASSOCIATE, P.C. MICHIGAN AVENUE CORRIDOR REHABILITATION CONTRACT # 93000249 ELLICOTT DISTRICT I hereby submit to your Honorable Body the following change for this contract. LaBella Associate is the engineering consultant for reconstruction of Michigan Avenue between Broadway and Cherry Street. This increase is necessary for additional services related to construction inspection during construction phase of the project. The increase in contract is due to a longer construction period than originally assumed The construction period was extended due to major new utility installation within project limits by National Grid for the services to the Buffalo Niagara Medical Campus facilities. The Construction inspection cost is not a lump sum; rather it is based on actual time spent in the field by the inspector during construction phase. I certify that this increase is fair and equitable for the work involved and respectfully request that your Honorable Body approve the subject change order and authorize the Commissioner of Public Works. Parks and Streets to issue said increase for $51,721.80 This is a Federal and State funded project with City's share of 5 %. The funds are available in capital project account # 31620006- 445600. Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated February 9, 2010, be received and filed; and That the Commissioner of Public 'Works, Parks and Streets be, and he hereby is authorized to issue a change order, to LaBella Associate, an increase in the amount of $51,721.80, the City's share is 5 %, as more fully described in the above communication, for work relating to Michigan Avenue Corridor Rehabilitation, Contract #93000249. Funds for this project are available in Capital Project Account #31620006- 445600. PASSED AYES -9 NOES -0 NO. 30 REDUCTION IN RETENTION MAIN ST. - 700 BLOCK RECONSTRUCTION PROJECT DESTRO & BROTHERS CONCRETE CO., INC. CONTRACT #93000161 PIN #5758.80 ELLICOTT DISTRICT ITEM #18 OF 06/10/2008 1 hereby submit to your Honorable Body the following request for a reduction of retention for the subject contract. It is respectfully requested that Your Honorable Body authorize a reduction in retention from the standard 5% to 2% for the above mentioned contract. The majority of this project was completed during the 2009 construction season (98 %). A 2% retainage on the entire contract is sufficient to ensure that remaining work is done to the City's satisfaction. Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated February 4, 2010, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to reduce the retention to Destro & Brothers Concrete from 5% to 2% for Main Street - 700 Block Reconstruction Project, Contract #93000161, PIN #5758.80. PASSED AYES -9 NOES -0 NO 31 REDUCTION IN RETENTION MAIN ST. - PHASE 2 HERTEL TO RTE. 198 CONCRETE APPLIED TECHNOLOGIES CORP. (CATCO) CONTRACT #93000084 PIN #5134.03 DELAWARE, MASTEN, UNIVERSITY DISTRICT PRIOR COUNCIL REFERENCE: Item #32 of 09/04/2007 1 hereby submit to your Honorable Body the following request for a reduction of retention for the subject contract. It is respectfully requested that Your Honorable Body authorize a reduction in retention from the standard 5% to 2% for the above mentioned contract. The majority of this project was completed during the 2009 construction season (98 %). A 2% retainage on the entire contract is sufficient to ensure that remaining work is done to the City's satisfaction. Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated February 4, 2010, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to reduce the retention to Concrete Applied Technologies Corp. from 5% to 2% for Main Street Phase 2 Hertel to Rte. 198, Contract #93000084, PIN #5134.03. PASSED AYES -9 NOES -0 NO 32 APPT GREENSKEEPER (PROV)(INTER)(STOKELY) CERTIFICATE OF APPOINTMENT Appointment effective January 29, 2010 in the Department of Public Works, Parks & Streets Division of Parks to the Position of Greenskeeper Provisional Promotion Intermediate Starting Salary of $38,425 Paul H. Stokely, 311 Lakefront Boulevard, Buffalo 14202 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO 33 APPT PARK SUPERVISOR I (PROV)(INTER)(WOJCIK) Appointment effective January 29, 2010 in the Department of Public Works, Parks & Streets Division of Parks to the Position of Park Supervisor I Provisional Appointment Intermediate Starting Salary of $41,885 James J. Wojcik, 152 East Street, Buffalo 14207 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF POLICE NO 34 DRUG ASSET FORFEITURE WIRE TRANSFERS- JANUARY 2010 Prior Council Reference: Item No. 104, C.C.P. 2/2/88 08 -DEA- 505546 C2 -08 -0149 2,355.56 09 -DEA- 515302 C2 -09 -0081 1,383.25 09 -DEA- 515686 C2 -09 -0083 3,308.65 09 -DEA- 515993 C2 -09 -0091 2,175.25 08 -DEA- 505551 C2 -08 -0152 2,788.88 09 -DEA- 516553 C2 -08 -0145 4,505.08 09 -DEA- 516220 C2 -09 -0093 829.28 09 -DEA- 514807 C2 -09 -0071 1,155.25 09 -DEA- 516576 C2 -08 -0145 622.31 09 -DEA- 515056 C2 -09 -0075 1,961.65 09 -DEA- 514913 C2 -08 -0145 3,495.96 09 -DEA- 514913 C2 -08 -0145 4,337.85 (15% SAFF) TOTAL $28,918.97 The Drug Enforcement Administration (DEA), U.S. Customs and /or the FBI has administratively forfeited the above referenced property. The funds were received by this Department through wire transfers and duly deposited in the Trust & Agency Account, #20010000- 389001. 15% of these funds have been deposited into SAFF account 10360 for fulfilling year 4 expenditures under SAFF legislation. The remaining funds will be placed into one or more of the following accounts as deemed necessary by the Commissioner of Police: Educational Training /Seminar, Confidential Funds, Materials and Supplies, Firearms and Weapons, Communications and Computers, Electrical Surveillance, Purchase of Services, Improvements, Vehicles, Operating Equipment If you have any questions regarding the above mentioned, please contact Inspector Joseph Strand at 851 -4624. RECEIVED AND FILED FROM THE COMMISSIONER OF FIRE NO 36 FEMA AWARD- ASSISTANCE TO FIREFIGHTERS GRANT PROGRAM FEMA Award EMW- 2009 -FO -05202 Assistance to Firefighters Grant Program (AFG) The Department of Fire is requesting approval to accept and expend the grant award from FEMA's Assistance to Firefighters Grants Program. We applied for this grant as a means to upgrade firefighting equipment and increase firefighter safety. We specifically addressed our need to update our Self- Contained Breathing Apparatus (SCBA) which currently is over 10 years old. This grant will further assist us in reaching our goal. The total award from FEMA is $987,000.00. As part of the FEMA AFG Program, we are required to provide a 20% match to secure these funds. The matching portion of the award is $197,400.00. We will use a portion of our 12132005 461201 clothing /safety equipment budget to assume the costs of the grant match. REFERRED TO THE COMMITTEE ON FINANCE FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT & INSPECTION SERVICES NO 36 RESTAURANT DANCE LICENSE (RENEWAL) 130 SOUTH PARK (FILL) Pursuant to Chapter 150 of the City of Buffalo Ordinances, please be advised that I have caused an investigation into the premises located at 130 South Park for which said renewal application for a Restaurant Dance Class IV license is being sought by Daryl Can" 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 February 11,2010, be received and filed; and That pursuant to Chapter 150 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services be, and he hereby is authorized to renew a Restaurant Dancing Class IV License to Daryl Carr d /b /a Cobblestone located at 130 South Park. PASSED AYES -9 NOES -0 NO 37 USED CAR DEALER -227 NIAGARA (ELL) Pursuant to Chapter 254 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Used Car Dealer License located at 227 Niagara St. and find that as to form is correct. I have caused an investigation into the premises for which said application for a used car dealer license is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspections; I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of Andrew LoTempio. The attached thereto for Andrew LoTempio dba /Andrew C Lotempio Cars. This request is submitted for your approval or whatever action you deem appropriate. Mr. Fontana moved: That the above communication from the Department of Economic Development, Permit and Inspections Services dated December 7, 2009, be received and filed; and That pursuant to Chapter 254 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services be, and he hereby is authorized to grant a Used Car Dealer license to Andrew LoTempio d /b /a Andrew C. LoTempio Cars located at 227 Niagara Street. PASSED AYES -9 NOES -0 FROM THE COMMISSIONER OF ADMINISTRATION, FINANCE, POLICY & URBAN AFFAIRS NO 38 REQUEST TO PURCHASE FROM SOLE SOURCE VENDOR - SEGWAY PATROLLERS THE DIVISION OF PURCHASE IS REQUESTING PERMISSION FROM YOUR HONORABLE BODY TO WAIVE FORMAL BIDDING REQUIREMENTS TO PURCHASE FROM A SOLE SOURCE PROVIDER AS PER THE REQUEST OF THE BUFFALO POLICE DEPARTMENT. THIS REQUEST IS TO PURCHASE TWO (2) SEGWAYS PERSONAL TRANSPORTER (PT) PATROLLERS. THE FUNDS FOR THIS PURCHASE ARE AVAILABLE UNDER A GRANT FROM JAG. IF ADDITIONAL FUNDING BECOMES AVAILABLE AND THE TESTING OF THESE UNITS ARE SUCCESSFUL ADDITIONAL QUANTITIES MAY BE PURCHASED IN THE FUTURE. THE SUPPLIER IS SEGWAY INC, 14 TECHNOLOGY DR, BEDFORD, NEW HAMPHSHIRE, THEIR LOCAL REPRESENTATIVE IS SEGWAY OF WESTERN NEW YORK, 2800 KENMORE AVENUE, BUFFALO, NEW YORK. THE BUYER IN THE DIVISION OF PURCHASE RESEARCHED THE AVAILABILITY OF THIS TRANSPORTER AND FOUND SEGWAY TO BE THE SOLE SOURCE. THE COST FOR THE TWO IS $14212.37, A SOLE SOURCE LETTER IS ATTACHED FROM SEGWAY. IF APPROVED THE DIVISION OF PURCHASE WILL ISSUE A PURCHASE ORDER TO PROCEED WITH THE ORDERING OF THESE TWO (2) TRANSPORTERS. Mr. Fontana moved: That the above communication from the Director of Purchase dated January 22, 2010, be received and filed; and That the Director of Purchase be, and she hereby is authorized to waive formal bidding requirements to purchase two (2) Segways Personal Transporters for the Police Department in the amount of $14,212.37 from Segway Inc. PASSED AYES -9 NOES -0 FROM THE CITY CLERK NO 39 LIQUOR LICENSE APPLICATIONS Attached hereto are communications from persons applying for liquor licenses from the Erie County Alcohol Beverage Control Board. Address Business Name Owner's Name 495 Hopkins St Brotherz Tavern Brotherz Tavern, LLC 475 Ellicott St Seabar Eight Zero Eight of WNY 1108 -1110 Elmwood Ave Mr. Goodbar Schmack & J.A.B. LLC 708 Elmwood Ave Acropolis Paul Tsouflidis RECEIVED AND FILED NON - OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON - OFFICIAL COMMUNICATIONS NO 40 D. BUCHWALD -REQ POLICE CAMERA AT INTERSECTION GENESEE ST & FLOSS AVE (LOV) Dear Council Member Fontana, As per our phone conversation on February 1 st, I am following up with this letter that you recommended I write regarding the strategic placement of a police security camera in our area due to the events that have recently transpired at the intersection of Genesee St and Floss Ave. The placement of a police security camera in this location would add a stronger police presence without the loss of man power in this specific area deterring those with undesirable motives to think twice about their actions. The corner of Genesee and Floss have unfortunately been very active as of late and would highly benefit the local businesses and residents in the area. The area of effect would encompass The Senior Center, Schiller park. Instawhip factory the new Autoparts distribution center, the Vacant lot in that vicinity and my home. The empty parking lot and the Schiller park alone have harbored many idling cars and wandering people at all of hours of the night with questionable intentions and activity. In my personal experience: my home was broken into last month, the questionable "hate" crime where the boy was nearly beaten to death last year took place there as well. The construction equipment used to renovate the building for the Auto Parts distribution center, including steam shovel, dump trucks and other machines windows were all smashed and vandalized in that empty lot, gun shots have been heard relatively often at night, the multiple windows of my house and cars have been broken through out the year from people throwing rocks from both the Genesee and Floss sides. This in turn makes it difficult for residents to repair their homes and beautify the neighborhood when they are busy boarding up and or replacing windows in a difficult economy. There is no end to the good that having a surveillance camera placed in this location will do for everyone from the business owner protecting their investment to the resident protecting their children and families Attaching the camera to the street lamp on the corner of Countess and Genesee across from the empty parking lot would yield the most visibility. I have included a diagram pointing out the location with a green X in a circle. Please feel free to contact me with any questions or concerns. Thank you for your time and consideration Damien Buchwald REFERRED TO THE COMMITTEE ON POLICE OVERSIGHT AND THE COMMISSIONER OF POLICE NO 41 BUFFALO WATER BOARD MONTHLY REPORT - JANUARY 2010 Copy available for review in the City Clerk's Office RECEIVED AND FILED NO 42 BFLO WTR BD -RES ON ADOPTION OF AMENDMENTS TO THE SCHEDULE OF RATES. FEES AND CHARGES RESOLUTION OF THE BUFFALO WATER BOARD ON ADOPTION OF AMENDMENTS TO THE SCHEDULE OF RATES, FEES AND CHARGES WHEREAS, the Buffalo Water Board (the "Board ") is authorized to establish and from time to time amend a Schedule of Rates, Fees and Charges in accordance with New York State Public Authorities Law Section 1048 -j applicable to all persons and property served by the water treatment plant, water distribution system and related water facilities of the Board (the "System "); and WHEREAS, the Board conducted a public hearing on Wednesday, December 30, 2009, whereby interested persons were provided an opportunity to review and comment on the Board's proposed amendments to such Schedule of Rates, Fees and Charges; and WHEREAS, upon due consideration of the comments of the persons appearing at the public hearing, and other relevant factors in the calculation of the Schedule of Rates, Fees mad Charges, the Board is prepared to adopt an amendment to the Schedule of Rates, Fees and Charges as more particularly described in Exhibit A attached hereto and made a part hereof; and WHEREAS, the attached amendment to the Schedule of Rates, Fees and Charges has been recommended by the Board's Independent Rate Consultant and the Board's Consulting Engineer, and has been calculated in consideration of the Board's anticipated revenues and expenses to operate, maintain and keep the System in repair, and to enable the Board to meet all of its obligations and to conduct its affairs on a self- sustaining basis. NOW, THEREFORE, be it resolved as follows: 1. The Board does hereby approve and adopt the amendment to the Board's Schedule of Rates, Fees and Charges as more particularly described in Exhibit A, attached hereto and made a part hereof, which shall be applicable to all persons and property who use or are served by the System effective on and after July 1, 2010, July 1,2011 and July 1, 2012, respectively, as set forth on Exhibit A, and shall continue in effect until June 30, 2010, the Schedule of Rates, Fees and Charges the Board last amended and adopted on September 13, 2006, effective for use and services as of October 1,2006, and for billings on and after January 1, 2007, a copy of which is attached hereto and made a part hereof as Exhibit B. 2. The Board Chairperson, or such other person as he may designate is authorized to publish such notices and other documents and to execute and deliver all instruments and documents as required by applicable law for the completion of all requirements prescribed by New York Public Authorities Law and other applicable law with respect to the adoption and amendment of the Board's Schedule of Rates, Fees and Charges. 3. The Board hereby appoints Steven J. Stepniak, assistant Secretary to the Board. At a meeting of the Buffalo Water Board, convened in public session at 502 City Hall, Buffalo, New York on December 31, 2009, the foregoing resolution was offered by William Sunderlin and seconded by Donna Estrich, and with a quorum present throughout such resolution was duly adopted by unanimous vote of the Buffalo Water Board. STATE OF NEW YORK ) ) SS.: COUNTY OF ERIE ) I, the undersigned Secretary of the Buffalo Water Board (the "Board "), DO HEREBY CERTIFY that I have compared the annexed extract of the minutes of the meeting of the Board, including the resolution contained therein, held the 31 st day of December, 2009, with the original thereof on file in my office, and that the same is a tree and correct copy of the proceedings of the Board and of such resolution set forth therein and of the whole of said original insofar as the same related to the subject matters therein referred to. I FURTHER CERTIFY that (A) all members of said Board had due notice of said meeting, (B) said meeting was duly held, (C) pursuant to Article 7 of the Public Officers Law (Open Meetings Law), said meeting was open to the general public, and public notice of the time and place of said meeting was duly given in accordance with such Article 7 and (D) there was a quorum of the members of the Board present throughout said meeting. I FURTHER CERTIFY that, as of the date hereof, the attached resolution is in full force and effect and has not been amended, repealed or rescinded. IN WITNESS WHEREOF, I have hereunto set my hand this 27 day of January, 2010. Copy available for review in the City Clerk's Office REFERRED TO THE COMMITTEE ON FINANCE NO 43 BFLO WTR BD- RESOLUTION OF ADOPTION OF SCHEDULES OF RATES, FEES AND CHARGES RESOLUTION OF THE BUFFALO WATER BOARD ON ADOPTION OF SCHEDULES OF RATES, FEES AND CHARGES WHEREAS, the Buffalo Water Board (the "Board ") is authorized to establish and from time to time amend a Schedule of Rates, Fees and Charges in accordance with New York State Public Authorities Law Section 1048 -j, applicable to all persons and property served by the water treatment plant, water distribution system and related water facilities of the Board (the "System "); and WHEREAS, the Board conducted a public hearing on Wednesday, December 30, 2009, whereby interested persons were provided an opportunity to review and comment on the Board's proposed amendments to such Schedule of Rates, Fees and Charges; and WHEREAS, on December 31, 2009 the Board adopted an amendment to the Schedule of Rates, Fees and Charges as more particularly described in Exhibit A attached hereto and made a part hereof; and WHEREAS, the adjustments set forth in Exhibit A to the Schedule of Rates, Fees and Charges has been applied to the Board's Schedule of Rates, Fees and Charges for fiscal years 2010, 2011 and 2012, respectively, and are attached hereto as Exhibits B, C and D, respectively. NOW, THEREFORE, be it resolved as follows: 1. The Board does hereby approve and adopt the amendment to the Board's Schedule of Rates, Fees and Charges as more particularly described in Exhibit B, C and D, respectively attached hereto and made a part hereof, which shall be applicable to all persons and property who use or are served by the System effective on and after July 1, 2010, July t, 2011 and July 1, 2012, respectively. 2 The Board Chairperson, or such other person as he may designate is authorized to publish such notices and other documents and to execute and deliver all instruments and documents as required by applicable law for the completion of all requirements prescribed by New York Public Authorities Law and other applicable law with respect to the adoption, amendment, filing and publication of the Board's Schedule of Rates, Fees and Charges as part of 21 NYCRR Part 10085 et seq. At a meeting of the Buffalo Water Board, convened in public session at 502 City Hall, Buffalo, New York on February 10, 2010 the foregoing resolution was offered by Donna Estrich and seconded by William Sunderlin, and with a quorum present throughout such resolution was duly adopted by unanimous vote of the Buffalo Water Board. STATE OF NEW YORK ) ) SS.: COUNTY OF ERIE ) I, the undersigned Secretary of the Buffalo Water Board (the "Board "), DO HEREBY CERTIFY that I have compared the annexed extract of the minutes of the meeting of the Board, including the resolution contained therein, held the 10th day of February, 2010, with the original thereof on file in my office, and that the same is a true and correct copy of the proceedings of the Board and of such resolution set forth therein and of the whole of said original insofar as the same related to the subject matters therein referred to. I FURTHER CERTIFY that (A) all members of said Board had due notice of said meeting, (B) said meeting was duly held, (C) pursuant to Article 7 of the Public Officers Law (Open Meetings Law), said meeting was open to the general public, and public notice of the time and place of said meeting was duly given in accordance with such Article 7 and (D) there was a quorum of the members of the Board present throughout said meeting. I FURTHER CERTIFY that, as of the date hereof, the attached resolution is in full force and effect and has not been amended, repealed or rescinded. IN WITNESS WHEREOF, I have hereunto set my hand this 10 of February, 2010. Copy available for review in the City Clerk's Office REFERRED TO THE COMMITTEE ON FINANCE NO 44 BUFFALO WATER BOARD MONTHLY REPORT - JANUARY 2010 Attached are the following documents from the Joint Schools Construction Board meeting scheduled on February 1, 2010: 1. Draft Agenda 2. Meeting Minutes from JSCB Meeting dated January 4, 2010 3. Fully Executed Phase III Application and Certificate for Payment No. 33 December 2009 4. Fully Executed Phase IV Application and Certificate for Payment No. 18 - December 2009 5. Phase III Application and Certificate for Payment No. 34 - January 2010 6. Phase IV Application and Certificate for Payment No. 19 - January 2010 7. Phase V Application and Certificate for Payment No. 2 - January 2010 8. Program Packaging and Development Services (PPDS) Provider Update 9. Bevlar & Associates Inc. Construction Contract Monitoring and Compliance Services Monthly Report for Addendum 1 Phase III Project - December 2009 10. Bevlar & Associates Inc. Construction Contract Monitoring and Compliance Services Monthly Report for Addendum 1 Phase IV Project - December 2009 11. Inclusion Development Associates, Inc. Construction Contract Compliance Monitoring Monthly Report for Phase III- December 2009 Copy available for review in the City Clerk's Office REFERRED TO THE SPECIAL COMMITTEE ON EDUCATION NO 46 M. KEARNS -N. FARRELL- CONCERNS RECYCLING I would like to file the attached information for the next Common Council meeting to be held on February 16, 2010. Thank you. January 24, 2010 Paul Sullivan Streets Sanitation Department City of Buffalo 502 City Hall Buffalo, New York 14202 Re: Recycling Dear Mr. Sullivan, I live in a two family home in north Buffalo. A total of 4 people reside at this house. Two blue recycle bins are not enough for the amount of recyclable materials accumulated by both families in a one -week time period. I am sure the same must also be true for many other homes in Buffalo. Each week we fill two 30- gallon plastic bags with recycle materials. One bag contains paper products, the other plastic and aluminum items. We put the bags out the curb after the garbage has been picked up (otherwise the garbage men toss the bags into the garbage truck) and the recycle men pick them up, usually without a problem. I would like to suggest the residents of Buffalo be given the option of using Husky Drawstring Recycling Blue (plastic) Bags, instead of the blue recycle bins. This would greatly increase the amount of recycling done by city residents. The blue recycle bins are very impractical. They are too small, the materials in the bins tend to get blown around the neighborhood, and when the bins are empty -they get blown around the neighborhood. I don't mind purchasing the plastic bags. I believe most other people would feel the same. Please give consideration to the use of plastic recycle bags. Thank you. Sincerely, Nancy Farrell 16 Virgil Ave. Buffalo, New York 14216 REFERRED TO THE COMMITTEE ON FINANCE AND THE COMMISSIONER OF PUBLIC WORKS NO 46 M. KEARNS -BFLO NEWS ARTICLE RE FUND RESERVES Buffalo control board lauds reserves amid fears By Brian Meyer Buffalo has socked away record reserves for a rainy day, but some control board officials fear the showers could materialize with painful cuts in state aid. The panel reviewed Buffalo's fiscal outlook last week from two vantage points. City Comptroller Andrew A. SanFilippo recently announced Buffalo has $82 million that is either free and clear of fiscal obligations or reserved for emergencies. But the upbeat news has been tempered by fears that the state's crisis could saddle municipalities with funding cuts. Gov. David A. Paterson's proposed budget would slash more than $27 million in aid to Buffalo and its school system, plus eliminate a program that has given the city nearly $26 million over three years to help pay for housing demolitions and rehabilitations. Michael Kelly, the control board's principal analyst, said state deficit projections continue to grow, and he warned that a worsening crisis could cause even more fiscal havoc for municipalities. The Buffalo school system would face a net loss of $19.5 million in state aid when modest increases in some programs are stacked up against proposed cuts. The city would lose about $8 million in aid, not counting the loss of demolition funds as a result of the state's plan to discontinue the Restore New York program. On a brighter note, the control board reviewed data showing that Buffalo's fiscal reserves continue to grow. Nils Olsen, the board's newly appointed chairman, said city officials deserve credit for monitoring costs. "This is a remarkable performance over the past few years," Olsen said. The control board also approved a $27.6 million capital budget that will finance improvements in city parks, schools and other public facilities. The big- ticket items in the annual spending blueprint approved by the Common Council and Mayor Byron W. Brown include $4.8 million for street, curb and sidewalk repairs. The plan also allocates $4.3 million for parks improvements, $4.9 million to modernize some schools and $2 million to tear down blighted buildings. Brown, who sits on the oversight panel, noted that city departments, outside groups and the school district submitted funding requests for projects that totaled $120 million. Buffalo has been on a debt diet, and SanFilippo sets an annual spending cap for capital projects. As a result, the city had to reject about three - quarters of all funding requests. The board also approved a raise for Dawn E. Sanders, executive director of the Buffalo Municipal Housing Authority. The one -year contract extension will her increase salary by 4 percent, to $97,760, retroactive to last May, said Jeannette Mongold, control board executive director. REFERRED TO THE COMMITTEE ON FINANCE NO 47 MILLIONS MORE MOVEMENT CALLING FOR A MORATORIUM ON HIRING BFLO FIRE DEPT In August of 2009, the Buffalo Local Action Committee for the Millions More Movement became aware of allegations of discriminatory hiring by the Buffalo Fire Department. These allegations were made by individuals who took the civil service examination in hopes of receiving a placement on the list of candidates to be hired. After dose examination, we are in agreement with their contention that numerous actions that took place by the fire department were indeed discriminatory, and that officials in charge of oversight have fallen short of their responsibilities to produce a more equitable outcome. • The numbers of Blacks in the applicant pool did not significantly increase, despite the fact that for this round of hiring, the fire department drew from city residents alone. • Candidates with a long and documented history of city residence were disqualified because of the residency rule. • The Justice Department has long ago established a pattern of discriminatory hiring, and as a result, has hem the city under a Consent Decree since 1973. • The amount of discretion afforded the Commissioner of Human Resources in candidate selection appears to have cleared the way for a climate of arbitrary selection or rejection, despite the aims and structure provided by the rules of the consent decree. The Buffalo Local Action Committee for the Millions More Movement is hereby calling for a moratorium on hiring within the Buffalo Fire Department, until the legitimate issues that have been raised can be reviewed and satisfactorily adjudicated. We are calling for the suspension of the current class of graduates until such time as the gross, longstanding climate of discrimination has been resolved. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONERS OF HUMAN RESOURCES AND FIRE NO 48 MILLIONS MORE MOVEMENT CONCERNS REG PROCESS OF BECOMING A BUFFALO FIREFIGHTER The Buffalo Local Action Committee and the Millions More Movement in conjunction with others in the community became aware of a number of issues regarding the fairness of selection decisions regarding placement into the training phase of the process of becoming a Buffalo Firefighter. Following an extensive investigation seeking the facts and information regarding the process of determining whom should be appointed to attend the Training Academy, the BLAC and MMM determined that there continues to be problematic issues regarding the fairness of the selection process, unfortunately, continuing a well documented history. BLAC was made aware of these claims of unfair denials and other issues related to the administration of the Buffalo Fire Department's hiring practices, not only from some residents who claimed they were unfairly denied an appointment, but in our investigation we were informed that the City of Buffalo is currently under a Consent Decree issued by the U.S. Federal Court, Western District since 1973 for past and current acts of discrimination based upon race and gender. This decree requires the City of Buffalo to not discriminate on the basis of race, gender, and color and that this order is enforce and has been so since 1973. Over the past several decades the City of Buffalo have made a number of attempts to develop a non - discriminatory process as it regards the hiring of entry level fire fighters, to date however, the hiring procedures have remained discriminatory. The current process employed to qualify and select candidates is insufficient and illegal as it regards fairness for blacks and women. We call for the process to become more transparent and applied with greater sensitivity to the interest of our community, a desegregated Fire Department, fairly arrived at. It is further our contention that those questions raised regarding the process are of such importance that no further hiring should be allowed until all such questions are satisfactorily resolved. We therefore call on those in positions of authority to act aggressively and with that haste required which will allow for the fair, non - discriminatory selection of qualified candidates. It is our intent to continue to seek an effective resolution to the issue of fairness with respect to determining qualifications, availability and other issues with respect to recruitment, applications, testing and selection of candidates from our community for the position of Firefighter. It is also the intentions of the BLAC- MMM to seek the support of and information from, the community generally and specifically, those who believe they too may have been unfairly denied an opportunity to pursue a career of service in the Buffalo Fire Department. We are very interested to learn more about the experience of those candidates successfully appointed to the training phase or not, especially those not selected. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONERS OF HUMAN RESOURCES AND FIRE NO 49 J. GOLOMBEK -R. MENDE - ECWA -RESP MERGER BFLO WTR AND EC WTR AUTH Dear Mr. Golombek: The Erie County Water Authority ( "ECWA ") has reviewed a resolution you filed at the Common Council's January 19, 2010 meeting titled "Undertaking a Merger /Joint Venture Between the Buffalo Water Authority and the Erie County Water Authority." While your willingness to pursue an innovate approach to lower the price of potable water for Buffalo ratepayers should be commended, the ECWA currently has sufficient production capacity to meet current and projected future peak demand. The ECWA has made substantial capital investments in its production and distribution facilities to ensure that it is able to provide its customers with a continuous supply, of high - quality water at an affordable rate. Currently, there is not strong enough demand in outlying areas to warrant a large scale expansion of ECWA's service district where additional water would need to be purchased from the Buffalo Water Authority ( "BWA "). However, even if there were a need to purchase water, ECWA's system operational requirements cannot be met with the BWA's current distribution and pumping system configurations. In order to meet the ECWA's requirements, the BWA would have to first invest substantial capital dollars upgrading its infrastructure. It is highly unlikely that the BWA would be able to recoup the cost of these system enhancements through the sale of water to outlying areas. As you are aware, in 2004, after 18 months of working closely with the city administration and the New York state Environmental Facilities Corporation ( "EFC "). The ECWA presented a proposal to the City of Buffalo to purchase its water system for a total of $153 million, including the assumption of $125 million of existing debt and $31.5 million in cash. In addition, the ECWA has committed to annually investing $15 million to upgrade the city's water infrastructure. If this purchase had been allowed to take place, we are confident that city ratepayers would currently enjoy an improved, more efficient water system and a stabilized rate. Despite the support of the city administration and control board, the Council did not authorize the public referendum needed for the purchase to occur and the city has continued to own and operate its own system under the management of American Water. The EFC funding that would have provided the subsidized financial support needed to make the proposed purchase feasible is not available at this time. Without EFC subsidized funding or the availability of another significant funding source, the ECWA is not in a position to make a similar proposal as it was able to in 2004. The ECWA is always willing to work with local government officials to find ways to provide water service more efficiently and affordably for ratepayers throughout Erie County and beyond. Over the last decade, ECWA has led the effort to consolidate water service with a growing list of communities, including the city of Tonawanda, the towns of Clarence, Orchard Park, Evans and Hamburg, and the villages of Depew and Lancaster. Several additional municipalities are currently analyzing the possibility of consolidating with ECWA as well. Should City of Buffalo officials have additional proposals for ways to partner or share services that could benefit current and future ECWA and city ratepayers, we would be happy to review them. Should you have any questions or need further information, please feel free to contact us anytime. REFERRED TO THE COMMITTEE ON LEGISLATION NO 50 NYSDEC - BROWNFIELD CLEANUP PROGRAM - NOCO ENERGY FACT SHEET NYSDEC Certifies Cleanup at NOCO #$41 BCP Site Brownfield Cleanup Program January 2010 Project No. C915211 Introduction The New York State Department of Environmental Conservation (NYSDEC) has determined that NOCO Energy Corporation (NOCO) has achieved cleanup requirements at the NOCO #S41 site located at 1055 Genesee Street in the City of Buffalo, under New York's Brownfield Cleanup Program (BCP). NYSDEC has issued a Certificate of Completion to the applicant. A copy of the COC is available at the locations identified in this fact sheet and on the NYSDEC Region 9 Environmental Remediation web page, httD: / /www.dee.nv.aov /chemical /37554.html. Completion of Project NOCO completed soil and underground tank removals in 2008 as an Interim Remedial Measure (IRM). An IRM is a cleanup action that may be conducted to address an obvious environmental problem. It involved: • Excavating petroleum- impacted soil; • Removing, treating, and discharging to local Publicly Owned Treatment Works (POTW) approximately 17,790 gallons of impacted groundwater; • Removing and properly disposing three underground storage tanks (USTs); • Sampling the sidewalls and bottom of the excavation to ensure that contaminant concentrations were at or below standards protective of public health and the environment; • Transporting and disposing impacted soils at a registered waste disposal facility; • Placing clean gravel in the excavation areas; and • Preparing Site Management plan (SMP) and an environmental easement that describe institutional and engineering controls for the site. The IRM successfully addressed soil contamination and NYSDEC approved the Final Engineering Report and Site Management Plan in December 2009. The Certificate of Completion was issued on December 24, 2009. Institutional Controls/Engineering Controls Institutional controls and engineering controls generally are designed to reduce or eliminate exposure to contaminants of concern. An institutional control is a non - physical restriction on use of the site, such as a deed restriction, when contamination left over after the cleanup action makes the site suitable for some, but not all uses. An engineering control is a physical barrier or method to manage contamination, such as a soil cap or vapor barrier. The following institutional and /or engineering controls in effect at the site include: • Prohibiting the use of groundwater without necessary water quality treatment, as determined by the New York State Department of Health ( NYSDOH), and prior notification and approval by the DEC; • Conducting future intrusive activities and soil /fill handling at the Site in a safe and environmentally responsible manner, in accordance with the Excavation Work Plan; • Monitoring groundwater according to the Groundwater Monitoring Plan; and, • Inspecting the site and ensuring that the institutional controls have not been altered and remain effective. Next Steps NYSDEC issued the Certificate of Completion based on review and approval of a Final Engineering Report submitted by the applicant. The Final Engineering Report includes: 1) a description of the cleanup activities completed; 2) certification that cleanup requirements have been achieved for the site; 3) a description of any institutional /engineering controls to be used; and 4) a certification that a site management plan for any engineering controls used at the site has been approved by NYSDEC. In addition, the applicant: • has no liability to the State for contamination at or coming from the site, subject to certain conditions; and • is eligible for tax credits to offset the costs of performing cleanup activities and for redevelopment of the site. A Certificate of Completion may be modified or revoked if, for example, the applicant does not comply with the terms of its Brownfield Cleanup Agreement with NYSDEC, or if the applicant commits fraud regarding its application or its certification that it has met cleanup levels. Background The Site is an approximate 0.75 -acre parcel located on the southeast corner of Genesee Street and Fillmore Avenue. The Site is currently vacant but was historically used as a retail gasoline station and convenience store. Previous releases of petroleum from leaking tanks and fuel dispensers contaminated the site. Locations to View Proiect Documents Project documents, including the Certificate of Completion, are available at the following locations: Buffalo & Erie County Public Library OR NYSDEC Buffalo Office 1 Lafayette Square 270 Michigan Avenue Buffalo, NY 14203 Buffalo, NY 14203 Phone: (716) 858 -8900 (716) 851 -7220 (please call for appointment) You may also view project documents at httD: / /www.dec.nv.aov /chemical /37554.html. Look for the NOCO #S41 entry under the Erie County heading. RECEIVED AND FILED NO 61 NYS ENV QUALITY REVIEW ACT -CANAL SIDE PROJECT New York State Environmental Quality Review Act Final Generic Environmental Impact Statement Copy available for review in the City Clerk's Office REFERRED TO THE SPECIAL COMMITTEE ON WATERFRONT DEVELOPMENT PETITIONS NO 62 D. HALL, OWNER, USE 326 AMHERST ST TO EXPAND AN EXISTING RESTAURANT (NO PUB HRG)(NORTH) REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD Who Should I Contact If I Have Questions About the Site? Proiect related auestions: Environment related auestions: Health related auestions: Michael Yount Bill Murray Ian Ushe NOCO Energy Corp. NYSDEC NYSDOH 700 Grand Island Blvd 270 Michigan Avenue 547 River Street Tonawanda, NY 14150 Buffalo, NY 14203 Troy, NY 12180 (716) 845 -4233 (716) 851 -7220 (518) 402 -7880 reaion90aw. dec. state. nv.us ziu01 0, health. stae.nv.us Locations to View Proiect Documents Project documents, including the Certificate of Completion, are available at the following locations: Buffalo & Erie County Public Library OR NYSDEC Buffalo Office 1 Lafayette Square 270 Michigan Avenue Buffalo, NY 14203 Buffalo, NY 14203 Phone: (716) 858 -8900 (716) 851 -7220 (please call for appointment) You may also view project documents at httD: / /www.dec.nv.aov /chemical /37554.html. Look for the NOCO #S41 entry under the Erie County heading. RECEIVED AND FILED NO 61 NYS ENV QUALITY REVIEW ACT -CANAL SIDE PROJECT New York State Environmental Quality Review Act Final Generic Environmental Impact Statement Copy available for review in the City Clerk's Office REFERRED TO THE SPECIAL COMMITTEE ON WATERFRONT DEVELOPMENT PETITIONS NO 62 D. HALL, OWNER, USE 326 AMHERST ST TO EXPAND AN EXISTING RESTAURANT (NO PUB HRG)(NORTH) REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD REGULAR COMMITTEES (BONNIE E. RUSSELL, CHAIRPERSON) CIVIL SERVICE NO 53 APPT LABORER II (PERM)(2 STEP)(GAINES)(PW) (CCP# 23,2/2) Mrs Russell moved That Communication of 23 of February 2, 2010, be received and Filed and that the Permanent Appointment of Philip A. Gaines, 188 Chester St., Buffalo, NY 14208 at the Second Step of $29,977 is hereby approved. PASSED AYES -9 NOES -0 NO 54 NOTICES OF APPOINTMENTS - TEMP /PROV /PERM(CTY CLK) CCP# 34,2/2 Mrs. Russell moved That the above item be the same and hereby is Received and Filed ADOPTED COMMUNITY DEVELOPMENT (MICHAEL J. LOCURTO, ,CHAIRMAN) NO 55 REPORT OF SALE - 59 FILLMORE (ITEM NO. 5, C.C.P., FEB. 2, 2010) That the offer from Mr. Darryl T. Brzezniak, residing at 61 Fillmore, in the sum of Seven Hundred and Fifty Dollars ($750.00) to purchase the northwest portion of 59 Fillmore; and Ms. Roxanne M. Chase, residing at 57 Fillmore, in the sum of Seven Hundred and Fifty Dollars ($750.00) to purchase the southwest portion of 59 Fillmore, be and they hereby are accepted; and That the transfer tax, recording fees and cost of legal descriptions shall be paid by the purchasers; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of titles and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offers were submitted. PASSED AYES -9 NOES -0 NO 56 TRANSFER JURISDICTION OF 300 MANHATTAN (ITEM NO. 11, C.C.P., FEB. 2, 2010) That the Common Council approve the transfer and the Office of Strategic Planning be authorized to transfer the jurisdiction of 300 Manhattan from the City of Buffalo to the Board of Education; and that should the Buffalo Board of Education contract for the perf6rmance of any work on the premises, it shall be required that the City of Buffalo be named as an additional insured on any insurance policies issued as consideration for said contracts. PASSED AYES -9 NOES -0 NO 57 2010 -2011 ANNUAL ACTION PLAN -YR 36 COMM DEV BLOCK GRANT (MAYOR) (C.C.P. #1, JAN 19) That the above item be the same and hereby is Received and Filed. ADOPTED NO 58 REPORT OF SALE 59 FILLMORE (FILL)(STRAT PLAN) (C.C.P. #6, 11 /10)(C.C.P. #73, NOV 24) That the above item be the same and hereby is Received and Filed. ADOPTED LEGISLATION (JOSEPH GOLOMBEK JR., CHAIRMAN) NO 59 FOOD STORE LICENSE - 472 MAIN (ITEM NO. 29, C.C.P., FEB. 2, 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 Abdul Jakie, located at 472 Main d /b /a Downtown Food Mart. PASSED AYES -9 NOES -0 NO 60 SECOND HAND DEALER - 1277 HERTEL AVENUE (ITEM NO. 31, C.C.P., FEB. 2, 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 James Anastasi located at 1277 Hertel d /b /a Gold & Jewelry Buyers. PASSED AYES -9 NOES -0 NO 61 ORDINANCE AMENDMENT - PART 1, CHAPTER 35, ARTICLE IX, SECTION 35 -38, DOMESTIC PARTNERSHIP BENEFITS (ITEM NO. 101, C.C.P., FEB. 2, 2010) Mr. Golombek moved that the above item be recommitted to the Committee on Legislation F- 1 19101ir:1.] NO 62 ORDINANCE AMENDMENT - PART 2, CHAPTER 160 - DOMESTIC PARTNERSHIP REGISTRY (ITEM NO. 102, C.C.P, FEB. 2, 2010) That the Ordinance Amendment as contained in Item No. 102, C.C.P., February 2, 2010, be and the same hereby is approved. PASSED AYES -9 NOES -0 NO 63 ORDINANCE AMENDMENT - CHAPTER 264 - RENTAL DWELLING UNIT REGISTRATION (ITEM NO. 105, C.C.P., FEB. 2, 2010) That the Ordinance Amendment as contained in Item No. 105, C.C.P., February 2, 2010, be and the same hereby is approved. PASSED AYES -9 NOES -0 NO 64 M. LOCURTO- ARTICLE -CITY OF ROCHESTER REASSESSMENT (C.C.P. #40, 1/19) That the above item is hereby referred to the Committee on Finance. ADOPTED NO 65 A. THOMPSON- SUPPORT OFGREENROOFLEGISLATION (C.C.P. #53,12/8) That the above item be the same and hereby is Received and Filed. ADOPTED NO 66 A COMMITMENT TO PUBLIC HEALTH (ITEM NO. 106, C.C.P., NOV. 24, 2009) That all stores that sell tobacco products in the City of Buffalo will be required to have a local tobacco license with the following provisions: 1. A requirement that retailers who sell tobacco products post visible health warnings and information about cessation services at the point of sale; and 2. That all tobacco advertising be black lettering on white paper; and 3. That tobacco products not be visibly displayed outside of the store and limited visibility inside of the store. That a restriction on the number of licensed tobacco selling outlets that are permitted to operate within the City of Buffalo. ADOPTED NO 67 UNIVERSAL HEALTH CARE (ITEM NO. 84, C.C.P., OCT. 27, 2009) That the City of Buffalo investigate the possibility and effects on the City with Universal Health Care, with and without the public option; and That the City investigates the feasibility of municipalities to enter into the New York State Family Health Plus as a statewide public option. ADOPTED RESOLUTIONS NO 68 BY: MR. FRANCZYK AMEND PRESERVATION CODE TO PREVENT ARCHITECTURAL PLUNDER WHEREAS: Buffalo's enviable architectural heritage constructed in the halcyon days of last two centuries now seems to be increasingly coveted by regions of the country and world that cannot boast a similar built environment; and, WHEREAS: As a result of Buffalo's decline in wealth, power and population, its awesome stock of significant buildings are increasingly at risk of plunder, depredation, or outright removal by so- called "sunbelt" states or foreign "developers," and, WHEREAS: Countries laid low by the vicissitudes of history have seen countless historic treasures removed from their place of origin, thereby significantly impoverishing these regions historic patrimony. Laws consequently were passed preventing this form of historic "harvesting;" and, WHEREAS: One of the more notorious examples of this plundering is the removal of the historic sculptured friezes adorning the Parthenon in Athens, Greece, by Lord Elgin of England in the 19 century. Although these works of art are displayed in the British Museum in London, the government of Greece built a museum in the shadow of the Parthenon so that they may be returned to their place of origin, where they were created; and, WHEREAS: The specter of this form of architectural "strip- mining" has manifested itself in Buffalo in an attempt by a church in sprawl - choked suburban Atlanta, Georgia, to buy, take and entirely remove St. Gerard's Roman Catholic Church, located at the corner of East Delavan and Bailey Avenues. The church was built by the best craftsmen using the finest materials in 1911 through donations of "nickels and dimes," by German immigrants who wanted to build a version of St. Paul's, one of Rome's great ancient basilicas; and, WHEREAS: Just as Great Lakes States approved a compact to disallow sunbelt states from siphoning away our fresh water, so too should Buffalo disallow the precedence of dismantling and removing those buildings which define and give richness and form to Buffalo neighborhoods, already replete with unkempt vacant lots; and, WHEREAS: The salvaging of architectural features by organizations such as Buffalo ReUse at demolition sites is a positive activity, but the proposed removal of entire buildings to be taken outside the region sets a precedence suggesting any significant Buffalo structure may be available to envious purchasers disappointed in the architectural sterility of their own chosen environment; NOW THEREFORE BE IT RESOLVED: That Section 337 -20 and Section 337 -21 of the Preservation Code be amended to state that any removal of a structure which is not a landmark be included in Preservation Board review, if the structure is ELIGIBLE for designation as a local, state or national historic landmark in the City of Buffalo. The eligible property would also then require a Certificate of Appropriateness in the required code; and, BE IT FURTHER RESOLVED: That the Common Council advocates the restoration, rehabilitation and reuse of Buffalo's significant buildings, as opposed to their removal to places outside the city; and, BE IT FURTHER RESOLVED: That the Preservation Board and preservation community be invited to speak to the Council on this issue; and, BE IT FURTHER RESOLVED: That the Law Department determine if the proposed "removal" of St. Gerard's R.C. Church may just be another word for "demolition," which is currently subject to Preservation Board review; and, BE IT FINALLY RESOLVED: That the law department draw up the required ordinance amendment reflecting changes in the Buffalo Preservation Code as it pertains for the need for review and an issuance of a Certificate of Appropriateness for the removal of buildings eligible for local, state or national historic landmark designation. ADOPT 2nd and 3rd RESOLVE THE REMAINDER REFERRED TO THE COMMITTEE ON LEGISLATION, THE CORPORATION COUNSEL AND THE PRESERVATION BOARD NO. 69 BY: MR. FRANCZYK CO- SPONSORS: MR. FONTANA, AND MR. KEARNS RE: PERMISSION TO HANG BANNER ALONG OLD NEIGHBORHOOD PARADE ROUTE Whereas The Valley Community Center founded the Old Neighborhood St. Patrick's Day Parade in 1994; and Whereas The parade retraces the original St. Patrick's Day 1914 parade route and focuses on the fun, and the tradition and nostalgia associated with the Old First Ward and Valley Neighborhood; and Whereas The first parade started out small with about twenty marching units. This year on March 13, 2010, the Old Neighborhood St. Patrick's Day Parade will have over 75 marching units and is the second largest St. Patrick's Day Parade in Western New York; and Whereas The Valley Community Center is requesting to hang flags along the parade route from March 8, 2010 to March 22, 2010 Now, Therefore, Be It Resolved: That the City of Buffalo Common Council hereby permits the Valley Community Center to hang flags along the route of the Old Neighborhood St Patrick's Day Parade. The flags will be installed on March 8, 2010 and stay up until March 22, 2010; and Now, Therefore, Be It Further Resolved: That the flags be hung in accordance with all conditions, restricts, and requirements as set forth by the City of Buffalo and the Department of Public Works, Parks and Streets. ADOPTED NO. 70 BY: MR. FRANCZYK RE: BATTAGLIA DEMOLITION, INC.'S MODIFICATION REQUEST FOR 1037 -1066 SENECA STREET RE: SEQR LEAD AGENCY COORDINATION, BATTAGLIA TRANSFER STATION: 1037 -1066 SENECA STREET, CITY OF BUFFALO, ERIE COUNTY. Whereas: In December of 2009, the New York State Department of Environmental Conservation's Division of Permits for Region Number 9 advised the City of Buffalo that it had received an application from Battaglia Demolition, Inc. to modify its Solid Waste Management Permit for the facility located at 1037 -1055 Seneca Street within the City of Buffalo; Whereas: Battaglia Demolition, Inc. seeks to modify its Construction and Demolition by: increasing its capacity from 3800 tons per month to 750 tons per day (a nearly sevenfold increase), to install a material sorting and screening system and to expand its operating hours by 20 hours per week; Whereas: The New York State Department of Environmental Conservation extended the time to comment on the appropriate Lead Agency for the Project until February 17, 2010, and asked for clarification concerning the previous municipal solid waste transfer station proposal by Battaglia Demolition, Inc., sought in February of 2009; Whereas: In the intervening months, the only "application materials" received from the applicant regarding said solid waste transfer station proposal was a May 2009 letter, in which Battaglia Demolition, Inc. asserted that it need not submit a transfer station application under the current City Charter and Code and further asserted that it had the right to conduct transfer station activities without obtaining the appropriate license; Whereas: The applicant has heretofore refused to submit the appropriate transfer station license application to allow the Common Council to undertake meaningful SEQRA review as no application is before it, but has engaged the Council President and counsel for the City through its counsel, concerning its potential plans for expansion, including those contemplated in the application currently pending before the Department of Environmental Conservation; Whereas: Negotiations between the parties regarding the appropriate potential scope of activity at the location are ongoing and any further action in this regard requires a Transfer Station License pursuant to Buffalo City Charter and Code §263 -27 (a copy of which has been previously forwarded to The New York State Department of Environmental Conservation), which requires a Transfer Station License to operate the above - described facility within the City of Buffalo; Whereas: Battaglia Demolition, Inc.'s intended use of the property clearly requires the concurrent approval of the Common Council of the City of Buffalo and the City of Buffalo Planning Board, pursuant to Buffalo City Charter and Code §263 -29; Whereas: The New York State Department of Environmental Conservation has identified the proposal as an "Unlisted" Action and has also indicated that it has "no objection" to the City continuing to serve as SEQR Lead Agency for the review of this action; Whereas: The Common Council believes that the anticipated impacts of the action being considered are primarily of local significance, thereby necessitating that it be designated as the Lead Agency pursuant to 6 NYCRR 617(b)(5)(v)(a); Now, Therefore, Be it Resolved: That the Common Council of the City of Buffalo formally requests that it be designated as Lead Agency in the above - referenced matter because the City, through the review of the Common Council and the Planning Board, will have the primary role in assessing the impact of the operations on the surrounding neighborhood and community, given the City's role in past concerns with the operation and the City's community assessment resources. And, Be It Further Resolved: That the Common Council formally requests that it be designated Lead Agency for the above - entitled action pursuant to the authority vested in the Commissioner of the New York State Department of Environmental Conservation by 6 NYCRR Part 617(b)(5)(i -vi); And, Be It Further Resolved: That Council Staff is hereby directed to mail copies of this Resolution by Certified Mail to: the Commissioner of the New York State Department of Environmental Conservation; each involved agency, including the City of Buffalo Planning Board, the New York State Division of Environmental Conservation's Division of Environmental Permits, Region 9, and the City of Buffalo Department of Public Works. ADOPTED NO. 71 BY: MR. GOLOMBEK AND MR. FRANCZYK RE: OPPOSE THE NEW YORK STATE PROPOSAL TO ALLOW THE SALE OF WINE IN GROCERY STORES, SUPERMARKETS, DEPARTMENT STORES AND DELIS Whereas New York State has once again recommended in this year's budget, a plan that would allow for the sale of wine in grocery stores, supermarkets, department stores, delis and even in drug stores; and Whereas This year's budget proposal by Governor Paterson includes a "compromise" that would allow wine stores to sell chips, snacks and other items. Supermarket and Department store interests wrongly claim that this arrangement would offset the loss of wine sales that liquor stores would incur; and Whereas If this proposal becomes law, many liquor stores throughout the state may be put out of business- costing New York State thousands of valuable jobs at a time when we cannot afford any more job losses; and Whereas If wine sales are allowed in supermarkets, grocery stores, delis and department stores such as Walmart, it is estimated that over 1,000 small businesses will be forced to close, which translates into a loss of over 4,000 jobs. Many of these small businesses are located within the City of Buffalo; and Whereas Currently there are 2,600 state regulated liquor stores in New York State, which are prohibited from becoming a chain of more than one store and are also restricted by New York State from selling beer, cheese, chips, snacks, glassware and other items commonly requested by customers; and Whereas The New York State Liquor Authority has recognized that the best way to limit underage persons' access to alcohol is to group the sale of wine with liquor. Wine and liquor stores have greater control over who enters their stores, and who purchases alcohol; and Whereas Adding up to 19,000 additional outlets touting the sales of wine will cause bigger social problems. Law enforcement agencies across the state have opposed increasing the number of outlets selling wine in the state because they b.elieve that it will lead to an increase in underage drinking and an increase in alcohol related driving accidents and fatalities; and Whereas No State has approved this concept since 1983, while Tennessee, Kentucky and Colorado joined New York State in rejecting similar proposals last year; and Whereas Alcohol related fatalities are three times higher in Florida, Texas and California, states where wine is sold in everywhere, as compared to New York where wine is sold at independently owned, state - licensed stores; and Whereas Just last month, the Governor's own Law Review Commission on the State Liquor Authority said the Governor should put the idea on hold because it requires a significant and independent review; and Whereas This proposal is only a quick fix to the state budget which will bring in an influx of cash for a couple of years as a result of the new licensing fees, but will cost the state more money in the long run due to unemployment, lost income tax, emptied retail space and increased social costs; and Whereas Two bills, A8632 & S5787, an act to amend the alcoholic beverage control law, in relation to enacting the wine industry and liquor store revitalization act; and to repeal certain provisions of such law relating thereto, have been introduced in the New York State Assembly and Senate that would allow grocery and drug stores purchase a license to sell wine; Now, Therefore be it Resolved: That the Common Council of the City of Buffalo goes on record against any changes proposed by New York State that would allow the sale of wine in supermarkets, grocery stores, neighborhood -delis department stores and drug stores; and Be it Further Resolved: That the Common Council of the City of Buffalo hereby goes on record in opposition of Bills A8632 & S5787, an act to amend the alcoholic beverage control law, in relation to enacting the wine industry and liquor store revitalization act; and to repeal certain provisions of such law relating thereto; and Be it Further Resolved: That the City Clerk sends certified copies of this resolution to New York State Governor David Patterson, to the New York State Senate, to the New York State Assembly, to members of the Western New York Legislative delegation, to the Erie County Legislature, to the Last Store on Main Street, to the New York State Liquor Store Association for comments. ADOPTED NO. 72 BY MICHAEL P. KEARNS, RICHARD A. FONTANA, CURTIS HAYNES, JR. COMMON COUNCIL SUPPORTS NEW YORK STATE'S NEW COMPREHENSIVE FORECLOSURE LAW WHEREAS, Foreclosure proceedings can create a ripple effect whereby foreclosed upon properties that are not being maintained erode the quality of life and home values in their immediate neighborhood; and WHEREAS, Approximately 2,399 homes went into foreclosure in Erie County in 2009 and an additional 178 homes are currently owned by banks; and WHEREAS, Studies show that homeowners that live near foreclosure properties can expect to see this own property values decreased by $7,500 on average for each foreclosure home in their home's vicinity; and' WHEREAS, In 2008 alone, the City of Buffalo was forced to file legal claims against 37 banks for their responsibility in the continued deterioration of at least 57 abandoned homes; and WHEREAS, To address these problems, New York State has passed a new Comprehensive Foreclosure Law ($66007 / A401 L07) that amends the real party actions proceedings law, the uniform commercial code, the civil practice laws —d rules, the banking law and chapter 472 of the laws of 2008 amending the real property actions and proceedings law an other laws relating to foreclosure actions on home mortgage loans, in relation to home mortgage loans; to amend the penal law, in relation to the crime of mortgage fraud; and to amend the real property law, in relation to distressed property consultants; and providing for the repeal of certain provisions upon expiration thereof; and WHEREAS, The stated purpose of the Comprehensive Foreclosure Law is to (1) allow a larger population of distressed homeowners to benefit from consumer protection laws and foreclosure prevention opportunities that were previously only available to borrowers of high - cost," "subprime" and "non- traditional" home loans; (2) establish certain requirements for plaintiffs in foreclosure actions to maintain the foreclosed property; (3) establish protections for tenants residing in foreclosed properties; and (4) strengthen certain consumer protections to prevent distressed homeowners from falling prey to rescue arts; and WHEREAS, Requiring banks and other lenders to maintain foreclosure properties will help cut down the time between foreclosure and sale and also encourage people to buy these homes because they have been maintained and were not allowed to fall into disrepair. NOW THEREFORE BE IT RESOLVED, That the Common Council of the City of Buffalo strongly supports New York State's recent passage of the Comprehensive Foreclosure Law, the first of its kind in the nation, and encourages state lawmakers to continue to pursue innovative ways of dealing with foreclosure issues; and BE IT FINALLY RESOLVED, That the Common Council of the City of Buffalo respectfully requests that personnel within the Department of Law; Department of Economic Development, Permits & Inspections Services; and Office of Strategic Planning move quickly to familiarize themselves with the new powers, duties, obligations, and options available to the City of Buffalo for combating foreclosure related problems pursuant to the State's newly passed Comprehensive Foreclosure Law. raz.�ira. NO. 73 BY: MR. KEARNS INCREASED APPROPRIATION GENERAL CITY That, Pursuant to §20 -11 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, an appropriation in the Fire Department - Capital Outlay for the current fiscal year, be and the same hereby is increased in the sum of $200,000. The increased appropriation will be met from an increase in the revenue estimate for the Reserve for Emergency Medical Services. That, the Comptroller be and hereby is authorized and directed to increase the revenue estimate for the account: From: Reserve for Emergency Medical Services 10700096- 397206 $200,000 To meet the increased appropriation as set forth below: TO: Fire Department $200,000 12142007 - 474100 EMS Capital Outlay - Equipment PASSED AYES -9 NOES -0 NO. 74 BY COMMON COUNCIL MEMBERS MICHAEL P. KEARNS, JOSEPH GOLOMBEK, JR. AND MICHAEL J. LOCURTO RE: CITY OWNED BUILDING EVALUATION AND REMEDIATION WHEREAS: The City was recently put on notice of a potentially hazardous situation at the D- District Police Stationhouse located at 699 Hertel Avenue which has led to a temporary closing of the site and the relocation of police operations to an alternate site; and WHEREAS: Numerous problems concerning mold and mildew infestation have been reported at this site and have brought attention and concern to their link to, and being a potential cause of, serious respiratory ailments; and WHEREAS: A disproportionate number of City employees, especially police officers, have experienced an unusually high number of ailments, with many reporting that they have been examined for cancer and respiratory related problems; and WHEREAS: The health, safety and well -being of our Police officers, City employees and the general public are of paramount importance; and WHEREAS: There is increasing concern both to the nature of existing problems and repairs that are needed in the many other city owned buildings used for public purposes and that the lack of immediate repairs could potentially expose our employees and the general public to similar health and environmental concerns. NOW, THEREFORE BE IT RESOLVED: That this Honorable Body hereby requests that that the Department of Public Works immediately, if they have not already done so, commence a three phase project (conduct an examination of sites, determine scope of needed repairs, and earmark funding for completing repairs) to examine all City owned buildings utilized for public purposes specifically identifying all enviromnental and safety hazards that may negatively affect building occupants. AND BE IT FURTHER RESOLVED: That the Department of Public Works report back to this Common Council on a regular and reoccurring basis of the results of their review. AND BE IT FINALLY RESOLVED: That this matter be referred to the Common Council Finance Committee for follow -up And further action ADOPT 1 RESOLVE THE REMAINDER REFERRED TO THE COMMITTEE ON FINANCE NO. 75 BY: MICHAEL J. LOCURTO RE: DISCHARGE COMMUNITY DEVELOPMENT COMMITTEE FROM CONSIDERATION OF THE FOLLOWING ITEM: "REPORT OF SALE 843,847, 849 SENECA" (ITEM NO 8— C.C.P. FEBRUARY 2, 2010 ) 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 Committee from further consideration of Item No 8, C.C.P. February 2. 2010. "Report of Sale 843- 847. 849 Seneca" and said item is now before the Common Council for its Consideration. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT, BY MRS. RUSSELL NO. 76 BUDGET AND PERSONNEL AMENDMENT EXECUTIVE DEPARTMENT MAYOR The Common Council of the City Of Buffalo does ordain as follows: That part of Section 1 of Chapter 35 of the Code of the City of Buffalo, relating to 03 - Executive Department, 1501 - Mayor that currently reads: 1 Administrative Assistant $38,778 - $44,284 Is hereby amended to read: 1 Senior Administrative Assistant $45,113 - $52,184 IT IS HEREBY CERTIFIED, that a personnel requisition incident to the creation of the above - mentioned position, containing a statement of the duties for such position, has been filed with the Municipal Civil Service Commission, and said Commission has approved and certified the position title set forth in the foregoing ordinance as being the appropriate Civil Service title for the proposed position BYRON W. BROWN, MAYOR AND DONNA J. ESTRICH, DIRECTOR OF BUDGET, proper ADMINISTRATION AND FINANCE, hereby certify that the above change is necessary for the conduct, administration and performance of essential services of that department. We recommend that the compensation for said position be fixed at the respective amount set forth in the foregoing ordinance. REFERRED TO THE COMMITTEE ON FINANCE NO. 77 BY MR. SMITH FELICITATIONS /IN MEMORIAM Attached hereto are Felicitation and In Memoriam Resolutions sponsored by Members of the Common Council as indicated: Felicitation for Buffalo Police Reserve By Councilmember Fontana In Memoriam for Nora Clyburn By Councilmember Demone Smith, Bonnie E. Russell In Memorium for Grady Smith Sr. By Councilmember Demone A. Smith ADOPTED NO. 78 BY: DEMONE A SMITH APPOINTMENTS COMMISSIONERS OF DEEDS REQUIRED FOR THE PROPER PERFORMANCE OF PUBLIC DUTIES That the following person(s) are hereby appointed as Commissioner of Deeds for the term ending December 31, 2010, conditional upon the persons so appointed certifying under oath to their qualifications and filing same with the City of Buffalo • Albert P. Diamico • Ellen M. Burke • Serena gunson • Janine Mott • Mitchell Reed • Gracine E. Barone • Michelle L. Clifton • Kathleen Holly • John S. Fetch • Cynthia Rose • Peter Barone • Brenda J. Commodore • Cheryl Kennedy • Donna M. Raimondo • Mary Jane Savage • Mark N. Constantino • Tara Wells - O'Neill • Diane Malkinski • Katherine Winterhalter • Elaine Vandi - Kirkland ADOPTED NO. 79 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. Reaular Committees Committee on Civil Service Tuesday, February 23, 2010 at 9:45 o'clock A.M. Committee on Finance following Civil Service Tuesday, February 23, 2010 at 10:00 o'clock A.M. Committee on Comm. Dev. Tuesday, February 23, 2010 at 1:00 o'clock P.M Committee on Legislation Tuesday, February 23, 2010 at 2:00 o'clock P.M. (Public Disclaimer): All meetina are subiect to chanae and cancellation by the respective Chairmen of Council Committees. In the event that there is sufficient time aiven for notification. it will be provided. In addition. there may be meetinas set uD wherebv the Citv Clerk's Office is not made aware: therefore. unless we receive notice from the respective Chairmen. we can only make notification of what we are made aware. NO. 80 ADJOURNMENT On a motion by Mr. Fontana, Seconded by Mr. Golombek, the Council adjourned at 2:43 PM GERALD CHWALINSKI CITY CLERK Board of Police and Fire Pension Proceedings #2 Office of the Mayor -201 City Hall February 18, 2010 Present Honorable Byron Brown, Mayor David Rodriguez, Acting Corporation Council Darryl McPherson, City Auditor Gerald Chwalinski, City Clerk The Journal of the last meeting was approved. No. 1 1 transmit herewith the Pension Payroll for the Fire Pension Fund for the month of February 2010 amounting to $3,740.00 and request that checks be drawn to the order of the persons named herein for the amounts stated. Adopted Ayes -3. Noes -0. No. 2 1 transmit herewith the Pension Payroll for the Police Pension Fund for the months of February 2010 amounting to $2,815.00 and request that checks be drawn to the order of the persons named herein for the amounts stated. Adopted. Ayes -3 Noes -0. No. 3 On motion by Mr. Rodriguez the City of Buffalo Police and Fire Pension Board Meeting adjourned at 11:05 a.m.