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Home My WebLink About10-0525-0520pp (2)NO. 11 PROCEEDINGS OF THE CITY OF BUFFALO MAY 25, 2010 POLICE AND FIRE PENSION MAY 20, 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 SPECIAL COMMITTEES BUDGET COMMITTEE: Richard A. Fontana, Chairman, Michael P. Kearns, Michael J. LoCurto, Bonnie E. Russell - Members 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, MAY 25 2010 AT 2:00 P.M. Present - David A. Franczyk, President of the Council, and Councilmembers: Fontana, Golombek Jr, Haynes Jr, Kearns, LoCurto, Rivera, Russell, Smith -9 Absent - 0 On a motion by Mr. Fontana, Seconded by Mr. Rivera, the minutes of the stated meeting held on May 11, 2010 were approved. INVOCATION PLEDGE TO FLAG DATE Mav 25. 2010 "'FINAL "' MAYOR 1- A. Response 2010 -2011 Budget Hearing Requested Info BUDGET MAYOR - EXECUTIVE 2- 1. Strat Plan- Abandonment -Sale- Portion of Cincinnati -Bflo Riverfest(hrg 6/8) CD 3- 2. Strat Plan- Negative Declaration -389 Fillmore Ave(Fill) R &F 4- 3. Strat Plan- Negative Declaration -1714 Fuhrmann Blvd(Fill) R &F 5- 4. Strat Plan- Negative Declaration -865 Michigan Ave(Ell) R &F 6- 5. Strat Plan- Proposed Lease Agmt -US Secretary of the Army and the COB Bird Island Pier(Nia) APP 7- 6. Strat Plan- Report of Sale -551 Best(Ell) APP 8- 6A. Strat Plan- Report of Sale -294, 298, 302 Hudson(Ell) APP 9- 7. Strat Plan- Report of Sale -218 Orlando(Fill) CD 10- 8. Strat Plan- Support Amendment to Fruit Belt Renewal Area LEG 11- 9. Strat Plan - Utility Easement Agmt Niagara Mohawk to Use 2334 Main St- School # 54(Del) APP COMPTROLLER 12- 10. Additional Info on Fed Financial Assistance FIN 13- 11. Affordable Housing /Neighborhood Stabilization Grants FIN 14- 12. Audit Report Substance Abuse Services Financial Procedures FIN 15- 13. Budget Response - Comptroller BUDGET 16- 13A. R. Calipari- 2010 -2011 Budget Hearing Requested Info BUDGET 17- 13B. D. Fishkin- 2010 -2011 Budget Hearing Requested Info BUDGET 18- 13C. A. Forti - Sciarrino- 2010 -2011 Budget Hearing Requested Info BUDGET 19- 13D. D McPherson - 2010 -2011 Budget Hearing Requested Info BUDGET 20- 14. Buffalo River Greenway Grant R &F 21- 15. 2009 -2010 Third Quarter Gap Sheet Report BUDGET ASSESSMENT & TAXATION 22- 15A. Response 2010 -2011 Budget Hearing Requested Info BUDGET MANAGEMENT INFORMATION SERVICES 23- 16. Response- Purchase of Old Computers R &F 24- 16A. Response- 2010 -2011 Budget Hearing Requested Info BUDGET PUBLIC WORKS 25- 17. Change in Contract -City Court Janitorial APP 26- 18. Change in Contract -City Wide Sidewalk Replacement FIN 27- 19. Change in Contract - Repair to City Pavements FIN 28- 20. Change Order for 2009 Citywide Tree Removal FIN 29- 21. Perm to Enter Into a One Year Contract Ext. W /NYS Industries for the Disabled 30- 22. Report of Bids - Repair to City Pavements APP 31- 22A. Report of Bids -Tosh Collins Expansion Ice Rink(Plumbing)(South) APP 32- 23. Report of Bids -2010 Tree Trimming -City Wide APP 33- 24. Surveying First Ward FEMA Flood Area APP 34- 25. Appt General Mechanic(Perm)(Inter)(Slomba) CS FIRE 35- 25A. Overtime Policy Request BUDGET CORPORATION COUNSEL 36- 26. Claims Committee Agenda CLAIMS PERMITS AND INSPECTIONS 37- 27. Food Store License(New) -2483 Bailey(Lov) LEG 38- 28. Food Store License(New)2534 Bailey(Lov) LEG 39- 29. Food Store License(New) -473 Jefferson(Ell) LEG 40- 30. Restaurant Dance License Renewal -532 Main St(Ell) APP 41- 31. Restaurant Dance Class III -520 Niagara St(Ell) APP 42- 32. Scrap Processor -301 Hertel(North) APP 43- 33. Second Hand Dealer -1522 Genesee(Fill) LEG 44- 34. Sidewalk Cafe -49 West Chippewa(Ell) APP 45- 35. Sidewalk Cafe -929 Elmwood(North) APP 46- 36. Used Car Dealer -1526 William(Lov) LEG 47- 37. Wholesale Junk Dealer -301 Hertel Ave(North) APP ADMINISTRATION AND FINANCE 48- 38. Third Quarter Gap 2009 -2010 BUDGET COMMUNITY SERVICES & RECREATIONAL PROGRAMMING 49- 38A. Proposed Agmt With PAL to Administer Mayor's Summer Youth Proa FIN 50- 38B. Response 2010 -2011 Budget Hearing Requested Info BUDGET BOARD OF EDUCATION 51- 39. Response CCP #104, 5/11/10 -Move School Bd Elections to November ED CITY CLERK 52- 40. Notification of disposition of City Records R &F 53- 41. Liquor License Applications R &F 54- 42. Reports of Attendance R &F 55- 43. Notices of Appointment - Seasonal R &F 56- 44. Notices of Appointments- Temp /Prov /Perm CS MISCELLANEOUS May 11 57- 45. R. Fontana -C. McNierney- Concerns Ambulance Response in COB LEG 58- 45A. J. Fogarty -Time Warner Cable -City of Buffalo Renewal LEG 59- 46. S. Gawlik- Empire State Deve Corp Finding Statement -Canal Side Proi CD 60- 47. M. Kearns, etc - Current Status of Findings Concerns Identified by HUD's Office APP 74- of Comm Plan & Deve in CDBG Prog Monitoring Report for COB CD 61- 48. M. LoCurto- Residents Opposing LED Billboard at 1225 Hertel Ave LEG 62- 49. M. Montysko- DOH - Public Open Space - Unionship Canal 1397 Fuhrmann Blvd R &F 63- 50. M. Montysko- DOH - Public Open Space - Unionship Canal 8. No 58 April 27 1801 & 1836 Fuhrmann Blvd R &F 64- 51. M. Romanowski - Kaleida Health's Supplement to The Petition to Amend N. America -NE LLC Fruit Belt Urban Renewal Area Boundary LEG 65- 52. D. Sanders- J. Golombek -BMHA- Concerns Criminal Activities Laird Ave LEG 66- 53. SEQR - Buffalo Riverfest Park CD PETITIONS Second quarter Gap Sheet - 2009- 201 0(Compt) 67- 54. G. Lamartina, Owner, Use 739 Elmwood for a Sit in Restaurant 11. Com 18 Mar 2 W /Sidewalk Cafe(hrg 6/1) LEG,CPBD 68- 55. C. McCaffery, Owner, Use 2550 Delaware for a Freestanding Feb 16 Bflo Water Bd -Basic Financial Statements Y/E 6 /30 /2009(Compt) Sign(no pub hrg)(Del) LEG,CPBD RESOLUTIONS Feb 16 101- 56. Fontana Set Public Hearing- Abandonment -Sale Cincinnati St -Bflo Riverfest, LLC ADOPT 102- 56A. Golombek Grant Permission for Buffalo Citybration to Hang a Banner On 14. No 38 Feb 2 Elmwood Ave ADOPT 103- 57. Haynes, Jr. Trailblazing Sign in Honor of Cleatrice Sevillian Hinshaw APP 104- 57A. Kearns Disch Finance Ccp #8, 5 -11 -2010 Grant Funding Acceptance/ COMMUNITY DEVELOPMENT Proc /Util /Contract App- Housing Corp 84- 16. Res 110 ( Strat Plan) ADOPT D/C APP 1 ST & 2 "D SUB -3 & 4 1 " TO FIN 105- 57B Kearns Grant Permission to the Seneca St. Car Show Assoc to Hang Banner on Seneca Street ADOPT 106- 57C Kearns Put CS Applications Online and Allow Electronic May 11 Approval to Waive Certain Conditions LDA Oak St Redev- Langston Filina ADOPT 1 ST & 2 "D RES REM TO CS Hughes(BURA) 107- 58. LoCurto Economic Development In The COB ADOPT RES, REM CD Negative Declaration- Langston Hughes Institute LDA Waiver(BURA)ADOPT 108- 59. Smith Felicitations in Memorium ADOPT 109- 60. Smith Comm of Deeds Public Duties ADOPT 110- 61. Smith Comm of Deeds ADOPT TABLE ITEMS R &F 111 - - - - -- #105 K. Frizlen, Owner, Rezone 301, 305, 311 West Utica for 21. No 57 May 11 Multi Family Housing (Nia)(hrg5 /19/09) R &F SUBMISSION LIST OF COMMITTEE ITEMS FOR THE COUNCIL MEETINGS CIVIL SERVICE 69- 1. Com 33 May 11 Appt Deputy Comm of PW Parks & Streets for Parks & Recreation (Rabb)(Exempt)(PW) R &F 70- 2. Com 53 May 11 Notices of Appointments- Temp /Prov /Perm(Cty Clk) R &F FINANCE 71- 3. Com 9 May 11 Request for Grant Agmt Approval -Bflo River Greenway(Strat Plan) APP 72- 4. Com 20 May 11 Change in Contract -City Court Renovation ($75,275.00)(EII)(PW) APP 73- 5. No 54 May 11 P. Brown - Request to Purchase Old Computer APP 74- 6. No 64 May 11 K. Hapke- Request to Purchase Old Computer APP 75- 7. No 58 May 11 Delinquent COB Occupancy Tax R &F 76- 8. No 58 April 27 P. Merlo -Bflo Wtr Bd Agmt With Veolia Wtr N. America -NE LLC RECOMMIT 77- 9. No 31 April 13 M. Kearns - Olmsted Conservancy Parks Aareement R &F 78- 10. Com 3 Mar 2 Second quarter Gap Sheet - 2009- 201 0(Compt) R &F 79- 11. Com 18 Mar 2 Second Quarter Gap 2009- 2010(A &F) R &F 80- 12. Com 13 Feb 16 Bflo Water Bd -Basic Financial Statements Y/E 6 /30 /2009(Compt) R &F 81- 13. Com 14 Feb 16 Bflo Municipal Water Finance Auth -Basic Financial Statements Y/E 6 /30 /09(Compt) R &F 82- 14. No 38 Feb 2 M. Kearns - Article Water Rates R &F 83- 15. No 72 Mar 31 O. McFoy -Water Ratepayer Bill of Rights( #84,7/22) R &F COMMUNITY DEVELOPMENT 84- 16. Res 110 May 11 Approval to Waive Certain Conditions LDA -Oak St Redev- Langston Hughes(hrg 5/25) APP 85- 17. Com 46 May 11 Approval to Waive Certain Conditions LDA Oak St Redev- Langston Hughes(BURA) R &F 86- 18. Com 47 May 11 Negative Declaration- Langston Hughes Institute LDA Waiver(BURA)ADOPT 87- 19. Res 107 May 11 Langston Hughes Institute Req LDA Waiver R &F 88- 20. No 56 May 11 Camiros - Sustainability Audits for Responsible Zonina R &F 89- 21. No 57 May 11 Camiros -Info Land Use Planning and New Zoning Ordinances R &F LEGISLATION 90- 22. No 77 May 11 91- 23. No 78 May 11 92- 24. Com 1 May 11 93- 25. Com 36 May 11 94- 26. Com 37 May 11 95- 27. Com 38 May 11 96- 28. Com 43 May 11 97- 29. No 71 May 11 98- 30. Res 116 May 11 99- 31. No 52 Mar 30 100- 32. No 32 May 12 D. Silverstein, Owner, Use 220 Allen for an Alteration for Existing Rest & Create Outdoor Cafe(pub hrg 5/18)(EII) P. Fadale, Agent, Use 2303 Delaware for a Ground Sign (no pub hrg)(Del) Appoint Garnell Whitfield Jr. as Commissioner of Fire(Mayor) Food Store License (New) -127 Grant(Nia)(EDPI) Food Store License (New) -188 Grant(Nia)(EDPI) Food Store License (New) -900 Main(Nia)(EDPI) Second Hand Dealer -1396 Hertel Ave(Del)(EDPI) M. Romanowski - Kaleida Health- Petition to Amend Fruit Belt Urban Renewal Area Boundary Calling for The Creation of a Streets Coordinator (1 ST & 4 RES) L. Fleron -Bflo Living Wage Comm Reg Olmsted Pks Consery Exemptions A. Coppola- Zoning Board Determination for Purchase of 762 Columbus Pkwy(Nia) FROM THE MAYOR NO 1 RESPONSE 2010 -2011 BUDGET HEARING REQUESTED INFO To: Hon. Richard A. Fontana From: Peter Savage III INFORMATION TO BE FURNISHED AT COMMON COUNCIL BUDGET HEARINGS MAYOR'S OFFICE May, 2010 Per your request, please find the responses to the requested information: A list of all employees who are assigned a mobile telecommunication device (e.g., cellular /smart- phones), the make and model of such device (e.g., Apple I- Phone, Blackberry, etc), and a description of the service plan(s) associated with each device (e.g., unlimited voice and data) along with its annual cost to the City. There are no city- assigned mobile telecommunication devices in the Mayor's office. A list of all employees who are assigned use of a take home city vehicle along with the year, make and model of such vehicle (e.g., 2008 Ford Explorer) There are no take home vehicles in the Mayor's Office. A list of all employees who are granted use of, or who are assigned, gas cards, debit or charge cards, procurement cards, and Metro bus or rail passes and the respective value thereof. There are no city- assigned gas, debit, charge or procurement cards in The Mayor's Office. There are no Metro bus or rail passes assigned either. A list of all travel contemplated along with the purpose, location and anticipated cost. Although there is no travel scheduled at this time, it is anticipated that the Mayor (and /or staff) will travel to Washington DC and Albany NY to lobby Federal and State officials. In addition it is anticipated that the Mayor may have to travel for other official city business in an official capacity. The Mayor's Office travel accounts have been reduced in the recommended budget and will not be exceeded. A list of all positions that currently remain vacant and the amount of time that has elapsed since the vacancy occurred. The Special Assistant to the Deputy Mayor I I I was vacated on 11 /27/09. A list of all officers, appointees and employees who, in addition to receiving a salary from the City of Buffalo, draw a separate salary from any allied city agency. Bernadette Taylor A list of all officers, appointees and employees, along with their position or title, whose salary will be fully or partially paid for using grant funding (e.g., Community Development Block Grant). Bernadette Taylor, Executive Assistant to the Mayor A list of all personal service contracts along with the length of such contract and its associated cost to the City. There are no personal service contracts associated with the Office of the Mayor. A list of all current officers, appointees and employees, along with their position or job title, for whom a NYS retirement system form CSC -20 has been filed with the NYS Department of Civil Service, APP APP W /COND APP APP APP APP APP RECOMMIT ADOPT R &F R &F pursuant to Section 211 of the Retirement and Social Security Law, that provides for the re- employment of a retiree on an exceptional basis without loss or diminution of pension. There are no officers, appointees or employees in the Mayor's office who have filed a Section 211. REFERRED TO THE SPECIAL COMMITTEE ON BUDGET FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE OFFICE OF STRATEGIC PLANNING NO2 STRAT PLAN- ABANDOMNENT- SALE - PORTION OF CINCINNATI -BFLO RIVERFEST (HRG 6/8) Abandonment and Sale - Portion of Cincinnati (Paper Street) Approx. 45' x 169' The Office of Strategic Planning, Division of Real Estate, has received a request from Buffalo Riverfest, LLC, to purchase Cincinnati Street, a paper street approximately 45' x 169'. Buffalo Riverfest, LLC, with assistance from the Buffalo Niagara Riverkeepers, has received several grants from New York State for the creation of a public park that will be called "Buffalo Riverfest Park." As a condition of the grants, the property acquired by Buffalo Riverfest, LLC must remain accessible to the citizens of New York State for recreational purposes for 40 years. Buffalo Riverfest, LLC has already purchased privately -owned parcels adjacent to Cincinnati Street for the development of the park. The purchase of Cincinnati Street allows Buffalo Riverfest, LLC more room for construction of the public park. In particular, current designs show Cincinnati Street paved and used as an accessory parking lot for the Park. The Division of Real Estate forwarded the request to Land Use Planning Committee, Division of Planning, Department of Public Works, Parks & Streets, Buffalo Sewer Authority, Fire, Police and the City Planning Board for their review and recommendations. The Department of Public Works has no objection to the abandonment and recommends that the official closing /abandonment of Cincinnati Street will not become effective until the deed conveying title of the property is filed in the Erie County Clerk's Office and that the property be sold subject to easements of record as well as an easement granting the City access to a drainage pipe on the site. The Planning Board previously acted as lead agency for the submission and approval of the park's site plan. The Planning Board issued a negative declaration after finding that the project as a whole will not result in significant adverse impacts on the environment. In compliance with SEQRA, the Common Council will have to render its own determination prior to approval. Please be advised that in accordance with Abandonment Public Hearing Statute, General City Law Chapter 21 of the Consolidated Laws, Article 3 Official Maps and Planning Boards, Section 29 Official Map Changes, it is necessary for your Honorable Body to set a date for a public hearing, and to direct the publication of a notice of said hearing. In the interest of time and anticipating that Your Honorable Body is willing to expedite this matter, I have taken the liberty to prepare a Resolution together with a Notice of Public Hearing for your action. Forwarded separately are the following documents: 1. Resolution setting Public Hearing 2. Notice of Public Hearing After the public hearing is held and providing there are no significant objections, I am recommending that Your Honorable Body first approve the Negative Declaration (to be filed subsequently) for this undertaking, as per SEAR, for this project. The Negative Declaration must be approved as a separate action and must be approved prior to the approval of the abandonment and sale. Secondly, I am recommending that should Your Honorable Body approve the abandonment and authorize the Division of Real Estate to conduct the sale of for $1.00 and no more with the condition that the property only be used for public recreational purposes and at such time that the property is no longer dedicated to public recreational uses, title to the property reverts to the City of Buffalo. Transfer papers, including the deed, will be prepared by the City Law Department. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT. NO3 STRAT PLAN - NEGATIVE DECLARATION 389 FILLMORE AVE (FILL) NEGATIVE DECLARATION NOTICE OF DETERMINATION OF NOW SIGNIFICANCE This notice is issued pursuant to Part 617 of the implementing regulations pertaining to the New York State Environmental Quality Review Act (SEAR), Article 8 of the New York State Environmental Conservation Law, Lead Agency: City of Buffalo Planning Board Room 901, City Hall 65 Niagara Square Buffalo New York 14202 As per the provisions of SEAR, the Lead Agency has reviewed the following action as it relates to the environment: Action Title Mini Mart Addition with Plaza Location 389 Fillmore Ave Type of Action Unlisted - Uncoordinated Description: David Carr, P.E. as a representative of the owner of the Citgo Mini Mart is proposing the construction of a building addition and a 3500 sq. ft. plaza on the property located at 389 Fillmore Avenue Buffalo New York. As part of this project, existing parking lot will be repaved with additional landscaping and drainage improvements. The first phase will be improvements to the existing Mini Mart allowing for a larger store and providing more product and storage space. This work is proposed to begin in June 2010 and be completed by August 2010. The second phase will be the construction of the 3500 sq, ft, plaza that would be leased to various tenants, The project will be funded privately. As a result of this Environmental Review, the Lead Agency has determined the undertaking of this action will not have a significant adverse impact on the quality of the environment. No further environmental review of this action will be conducted prior to project implementation and a Draft Environmental Impact Statement will not be prepared. Reasons Supporting This Determination: The facts and reasons for this decision are as follows the mini marts appearance will be greatly improved with the new landscaping and parking lot improvements, as well as allow the mini mart operator to grow their business bringing economic security to a fragile intersection in the City of Buffalo. The identified potential negative impacts appear to be primarily short - term site preparation and construction related activities, and do not appear to be significant in magnitude or effect. There are no actions, which will have a significant adverse impact on the environment. For further information relative to this Negative Declaration, contact Mr. Martin Grunzweig, Land Use Controls Coordinator, Room 901 City Hall, Buffalo New York 14202 - (716) 851 -5085, Dated: Mav 18. 2010 RECEIVED AND FILED N04 STRAT PLAN - NEGATIVE DECLARATION 1714 FUHRMANN BLVD (FILL) NEGATIVE DECLARATION NOTICE OF DETERMINATION OF NOW SIGNIFICANCE This notice is issued pursuant to Part 617 of the implementing regulations pertaining to the New York State Environmental Quality Review Act (SEAR), Article 8 of the New York State Environmental Conservation Law. Lead Agency City of Buffalo Planning Board Room 901, City Hall 65 Niagara Square Buffalo New York 14202 As per the provisions of SEAR, the Lead Agency has reviewed the following action as it relates to the environment: Action Title Buffalo Lakeside Commerce Park Phase IV Location 1714 Fuhrmann Blvd Type of Action: Unlisted- Uncoordinated Description: Buffalo Urban Development Corporation is proposing a new Subdivision on the property located at 1714 Fuhrmann Blvd, Buffalo New York. The proposed project is phase IV (final Phase) of the Buffalo Lakeside Commerce Park Development. Phase IV will consists of the construction of a 35 +/- acre urban commerce park with mixed use office and light industrial facilities on a 72 acre parcel. Thirty seven acres of the seventy two acre parcel is a New York State Department of Environment and Conservation freshwater wetlands and its corresponding buffer area, and will remain undisturbed. Development of the thirty five acre commerce park will include a 2500 =/- road extension of a stud road from Fuhrmann Blvd. to Ship Canal Parkway and associated site utilities. Site utilities include 1100 LF of gravity sewer with 390 LF of forcemain, 2500LF of water main and a storm water treatment pond. Access to this site will also be available fro Tifft Street as well as connecting pathways will be available to bicyclists and pedestrians from the Union Ship Cana] Park Tifft Farm Nature Preserve As a result of this Environmental Review, the Lead Agency has determined the undertaking of this action will not have a significant adverse impact on the quality of the environment. No further environmental review of this action will be conducted prior to project implementation and a Draft Environmental Impact Statement will not be prepared. Reasons Supporting This Determination: The facts and reasons for this decision are as follows: the project will provide for the completion of the Buffalo Lakeside Commerce Park creating new job opportunities as well as business opportunities in the Western New York Area. The identified potential negative impacts appear to be primarily short -term site preparation and construction related activities, and do not appear to be significant in magnitude or effect. There are no actions, which will have a significant adverse impact on the environment. For further information relative to this Negative Declaration, contact Mr. Martin Grunzweig, Land Use Controls Coordinator, Room 901 City Hall, Buffalo, New York 14202 - 716 851 -5085. Dated: Mav 18. 2010 RECEIVED AND FILED N06 STRAT PLAN - NEGATIVE DECLARATION 865 MICHIGAN AVE (ELL) SEQR Notice of Determination Non Significance Negative Declaration This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (SEAR- State Environmental Quality Review) of the Environmental Conservation Law Lead Agency City of Buffalo Planning Board Room 901, City Hall 65 Niagara Square Buffalo New York 14202 As per the provisions of SEAR, the Lead Agency has reviewed the following action as it relates to the environment: Action Title St. John Tower Addition Location 865 Michigan Avenue Type of Action Unlisted- Uncoordinated Description: SLR Contracting Service company, Inc. on behalf of The Virginia Michigan Housing Company is proposing the construction of a small building addition on the property located at 865 Michigan Avenue, Buffalo New York. The four hundred square foot addition to their current multistory facility will fulfill an extreme need for additional administrative office space. The addition Will incorporate a painted masonry block along with a smooth surface painted aluminum panel to closely match the smooth precast concrete in color and aesthetics of the existing facility. Along with this, matching landscape planting will be utilized to seamlessly blend the addition with the existing building. It is expected that the time necessary for construction is expected to be between 90 and 100 days starting in late May 2010 and with an anticipated completion date of August 31 st, 2010. The project will be privately funded in the amount of 80,000 dollars. As a result of this Environmental Review, the Lea Agency has determined the undertaking of this action will not have a significant adverse affect on the quality of the environment. No further environmental review of this action will be conducted prior to project implementation and a Draft Environmental Impact Statement will not be prepared. Reasons Supporting This Determination: The facts and reasons for this decision are as follows: this project will allow for St John Tower management office to operate more efficiently thereby providing better services to the tenants of the building. The identified potential negative impacts appear to be primarily short -term site preparation and construction related activities, and do not appear to be significant in magnitude or effect. There are no actions, which will have a significant adverse impact on the environment. For further information relative to this Negative Declaration, contact Mr. Martin Grunzweig, Land Use Controls Coordinator, Room 901 City Hall, Buffalo New York 14202 - 716 851 -5085 Dated: Mav 18. 2010 RECEIVED AND FILED N06 STRAT PLAN - PROPOSED LEASE AGMT -US SECRETARY OF THE ARMY AND THE COB BIRD ISLAND PIER (NIA) The Office of Strategic Planning, Division of Real Estate, has received the attached lease and contract for recreation development at the Bird Island Pier. This is the Recreational Management Plan from the previous lease and will continue to be the plan for the renewal lease. This lease is in reference to the walkway and operation /maintenance of Bird Island Pier. The term of the lease will be for 25 years commencing on April 16, 2010 and expiring on April 15, 2035. The Department of Army has indicated that by the authority of the Defense Authorization Act of 1988, Section 2813(a), the United States is required to charge a fee to recover administrative expenses associated with the processing of an out grant instrument. The administrative expenses associated with the processing of this lease are $1,200.00, which the City is required to pay. Funds for this cost have been allocated in our Account #10314006 - 480000 in the amount of $1,200.00. The City is also required to furnish a statement of self insurance. I am recommending that Your Honorable Body approve the attached agreements and that the Mayor be authorized to execute the same. Mr. Fontana moved: That the above communication from the Office of Strategic Planning dated May 14, 2010, be received and filed; and That the Director of Real Estate be, and he hereby is authorized to enter into a lease between the City and the Department of the Army, for use of the Bird Island Pier at Buffalo Harbor Federal Navigation Project (Breakwater Project - Black Rock Canal) for twenty -five (25) years commencing on April 16, 2010 and expiring April 15, 2035. Funds for the administrative expenses of $1,200.00 are available in Account #10314006 - 480000. The Director of Real Estate is authorized to furnish a statement of self - insurance. That the Mayor be, and he hereby is authorized to execute the same. Copy available for review in the City Clerk's Office PASSED AYES -9 NOES -0 N07 STRAT PLAN - REPORT OF SALE 661 BEST 99' E Johnson Lot Size: 31'x 126' Assessed Valuation: $1,900.00 (Ellicott District) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Rezal Alam and Mrs. Airin Alam, 543 Best Street, Buffalo, New York 14208 to purchase 551 Best Street. Mr. and Mrs. Alam own and reside at 543 Best, which is adjacent to 551 Best. They intend to use the vacant lot for additional green space. The Division of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchasers. Mr. and Mrs. Cox have commissioned Ms. Patricia Swan, Real Estate Appraiser of Arrow Appraisal Service, 5266 Seneca Street to estimate the Fair Market Value of the subject property. She has estimated the Fair Market Value to be One Thousand Six Hundred Dollars ($1,600.00), Forty -Two Cents ($.42) per square foot. The Division of Real Estate has reviewed the appraisal report and concurs with the appraisers' estimate of value. Mr. and Mrs. Alam have agreed and are prepared to pay One Thousand Six Hundred Dollars ($1,600.00), Forty -Two Cents ($.42) per square foot for the subject property. They have also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 551 Best to Mr. and Mrs. Alam in the amount of One Thousand Six Hundred Dollars ($1,600.00). 1 am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. Mr. Fontana moved: That the above communication from the Office of Strategic Planning dated May 17, 2010, be received and filed; and That the offer from Mr. Rezal Alam and Mrs. Airin Alam, residing at 543 Best Street, in the sum of One Thousand and Six Hundred Dollars ($1,600.00) for the purchase of 551 Best, 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 294, 298, 302 HUDSON (ELL) Report of Sale 294 Hudson, 135' NE West Lot Size: 50'x 110' Assessed Valuation: $6,700.00 298 Hudson, 77.50' SW Plymouth Lot Size: 37'x 110' Assessed Valuation: $5,300.00 302 Hudson, 40.50' SW Plymouth Lot Size: 37'x 110' Assessed Valuation: $5,300.00 (Ellicott District) The Office of Strategic Planning, Division of Real Estate has received a request from Ms. Stephanie Simeon, Executive Director, Heart of the City Neighborhoods, Inc. (HOC), with offices located at 42 Plymouth Avenue, Buffalo, New York 14201 to purchase 294, 298 and 302 Hudson Forest. HOC will acquire the vacant lots for the construction of two townhouse structures that will consist of two and three bedroom units each with adequate parking facilities. Total project costs will be One Million Five Hundred Thousand Dollars ($1,500,000.00). Funding for this project has been approved by New Your State Department of Housing and Community Renewal (NYDHCR). The Office of Strategic Planning Land Use Planning Committee, City of Buffalo Planning Board, 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 received a purchase contract from HOC for the three lots in the amount of Sixteen Thousand Dollars ($16,000.00). The purchase price of the parcels is the amount established by a real estate appraisal. I am recommending that Your Honorable Body approve the sale of 294, 298 and 302 Hudson to Heart of the City Neighborhoods, Inc. (HOC) in the amount of Sixteen Thousand Dollars ($16,000.00). lam 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 sale of 294, 298, 302 Hudson street to Heart of the City Neighborhoods, Inc. (HOC) in the amount of $16,000.00 is hereby approved and the Office of Strategic Planning is authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. PASSED AYES -9 NOES -0 N09 STRAT PLAN - REPORT OF SALE 218 ORLANDO (FILL) Report of Sale 218 Orlando, 160' S Seneca Lot Size: 30'x 110' Assessed Valuation: $2,700.00 (Fillmore District) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Joseph Higgins, 205 Merrimac Street, Buffalo, New York 14214 to purchase 218 Orlando. Mr. Higgins owns a building at 208 Orlando and vacant lot at 206 Orlando, which are adjacent to 218 Orlando. He intends to use the property for future development. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. The Division of Real Estate has investigated the sale of similar lots in the subject area. Sales range from Fifty -Seven Cents ($.57) to One Dollar and Twenty Cents ($1.20), per square foot. Mr. Higgins has agreed and is prepared to pay Two Thousand One Hundred Dollars ($2,100.00), Sixty - Two Cents ($.62) 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 218 Orlando to Mr. Joseph Higgins in the amount of Two Thousand One Hundred Dollars ($2,100.00). 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 - SUPPORT AMENDMENT TO FRUIT BELT RENEWAL AREA Dear Mr. Jaskula: On behalf of the Office of Strategic Planning, I am writing to offer full support of the petition to amend the Fruit Belt Urban Area Boundary as noted in item #71 C.C.P. of May 11, 2010. Should you require any further information, please do not hesitate to contact me. Respectfully, Andrew M. Eszak, AICP REFERRED TO THE COMMITTEE ON LEGISLATION NO 11 STRAT PLAN - UTILITY EASEMENT AGMT NIAGARA MOHAWK TO USE 2334 MAIN ST- SCHOOL #54(DEL) The Office of Strategic Planning, Division of Real Estate, has received a request from the Board of Education to approve the attached easement agreement for Niagara Mohawk. The request is being made in order to allow and provide for electrical upgrades to School No. 54, located at 2334 Main Street, as described and shown in the attached proposed legal description and map. This office has contacted the Department of Public Works, Parks & Streets and the Land Use Planning Committee and they have no objections to this easement. The Law Department was also contacted and they have requested that the Utility Rider they have supplied be attached and included as part of the easement agreement. I am recommending that Your Honorable Body approve the attached easement agreement pursuant to Corporation Counsel review and approval as to form. I am further requesting Your Honorable Body to authorize the Mayor to execute the same. Mr. Fontana moved: That the above communication from the Office of Strategic Planning dated May 14, 2010, be received and filed; and That the Director of Real Estate be, and he hereby is authorized to enter into an Easement Agreement between the City and Niagara Mohawk to allow and provide for electrical upgrades to School No. 54, located at 2334 Main Street. That the Acting Corporation Counsel be authorized to prepare the necessary easement agreement and that the Mayor be authorized to execute the same. PASSED AYES -9 NOES -0 FROM THE COMPTROLLER NO 12 ADDITIONAL INFO ON FEDERAL FINANCIAL ASSISTANCE This is to advise that a copy, of the Single Audit Additional Information on Federal Financial Assistance Programs received by the City of Buffalo for the fiscal year ended June 30, 2009 has been delivered to each Councilmember, the Common Council Chief of Staff, the City Clerk, the Mayor, the Comptroller, and the Budget Office. Included therein are the Independent Auditors' Reports of Drescher & Malecki LLP for the City, Conway Porter, CPA PC for the Urban Renewal Agency and Freed Maxick & Battaglia, CPAs, PC for the Board of Education. This report is available as a public record for inspection by all interested parties. Pursuant to amendments of Section 35 of the General Municipal Law, the Common Council of the City of Buffalo may, at its discretion, prepare a written response to the report of external audit and file such response with the City Clerk as a public record for inspection by all interested parties no later than ninety days after its receipt, or August 20, 2010. REFERRED TO THE COMMITTEE ON FINANCE NO 13 AFFORDABLE HOUSING /NEIGHBORHOOD STABILIZATION GRANTS Item No. 8, C.C.P., May 11, 2010 The Common Council has requested a response from the Department of Audit and Control regarding three affordable housing grants totaling $1,772,000 and one Neighborhood Stabilization Grant for $1,589,000, awarded to the Office of Strategic Planning and /or BURA. The Comptroller's Office has no objection to accepting these grants or entering into the agreement as prescribed in the Council Communication. Additionally, we encourage timely execution and administration of funds awarded in accordance with the grant specifications. Upon receipt of the grant money, the Office of Strategic Planning and /or BURA should inform the Accounting Division of all necessary information and documentation in order to properly facilitate fiscal grant reports. If you have any further questions on this matter, please feel free to contact the Comptroller's office. REFERRED TO THE COMMITTEE ON FINANCE NO 14 AUDIT REPORT SUBSTANCE ABUSE SERVICES FINANCIAL PROCEDURES In July 2009, the Department of Audit and Control was anonymously notified of thefts that occurred within the Division of Substance Abuse Services. The first incident occurred on December 19, 2008, which reported $834 missing. A second incident occurred on June 17, 2009, of which $585 was reported stolen from the Clinic's front desk. A police report was field and statements from the staff were taken, however, it is undetermined whether the theft was caused internally or externally. As a result of the above incidents, on October 7, 2009, the Division of Audit reviewed collection procedures, recordkeeping and safekeeping of cash receipts at the following (2) locations: Fillmore /Leroy Clinic and North Street Clinic. We found that the Division of Substance Abuse Services cash collections policies as written address many of the issues we discovered, however consistent enforcement of these policies has been problematic. At the clinics we visited the first time, improvements were made, but the changes did not appear to filter to the Genesee /Moselle Clinic which we did not visit during our first round of review. Cash collected from the clinics and deposits for the City Treasury must be made in a regular and timely manner. Emphasis on consistent procedures and monitoring of these procedures needs to be implemented by management. In the future, any cash shortages or financial concerns that arise, the Division of Audit should be contacted immediately and asked to verify funds on hand. An exit conference was held with the Commissioner of Community Services and Recreational Programming on April 22, 2010. We then heard in greater detail of some of the operational problems that seem to hamper the effective implementation of some solutions. The full utilization of computerized systems and procedural changes are being challenged by the staff. It is an unfortunate circumstance that unnecessarily hinders efficiency and practicality. The Commissioner prepared a written response, which is appended to the report. She did not disagree with the findings of the report, and was receptive to the recommendations contained therein. We would like to thank the Commissioner and her staff for their cooperation and receptiveness. If you have any further questions on this matter, please feel free to contact the Department of Audit and Control. Copy available for review in the City Clerks Office REFERRED TO THE COMMITTEE ON FINANCE NO 16 BUDGET RESPONSE - COMPTROLLER As required under the City Charter; I am filing my comments to your Honorable Body on the Mayor's proposed budget for the 2010 -11. Overall, I believe the Mayor's recommended budget is reasonable given the state of err economy. The budget represents an increase Of2.7% or $9.2 million over the prior year's original adopted budget for both revenues and expenditures. The revenue increase is mostly attributable to an increase in the transfer from the Parking Enterprise Fund of $2.95 million as well as the use of $12.2 million of Fund Balance. The increase in budget appropriations is mostly attributed to the $9.5 million increase in pension costs as well as accounting for salary increases in accordance with settled contracts, With respect to the use of Fund Balance, we do recognize the need to utilize these resources during this economic downturn whereby we are facing state aid reductions and significant increases to our pension costs. This only highlights the importance and significance of past conservative practice to build up such resources for just this fiscal scenario without unduly burdening the already strained taxpayer. We do, however, caution the use of fund balance on a continuous basis; efforts must be made to identify efficiencies and generate new revenues to replace this reliance going forward. We do note, per our review of the Mayor's Four Year Financial Plan, that gap closing measures have been identified in future years; however, those measures still include dependence on fund balance. In order to retain the high credit rating that we have established over the last decade, we strongly urge the Administration to take such actions necessary so as to eliminate reliance on fund balance going forward. We also noted that the $2.95 million increased revenue from the Parking Enterprise Fund continues throughout each year of the Mayor's Four Year Financial Plan. It should be noted that the Solid Waste fund is not a sail- sufficient fund, as was originally intended. It continues to require resources from the General Fund to cover operating deficiencies; the 2010 -11 budget includes a transfer from the General Fund of $3.2 million to cover such anticipated shortfalls. As such, the City taxpayer carries the burden of this' enterprise fund: Conceptually, the broader user fee base was anticipated to support the cost of this operation. Upon conference with our outside auditors, we directed the transfer of $15.8 million of Reserved General Fund monies to the Solid Waste fund to eliminate the accumulated interfund liability related to the operating deficit of the Solid Waste fund in the current 2009 -10 fiscal year. We believe overall, based on our review, that the Mayor's proposed budget is reasonable in its estimates of the City's anticipated revenues and expenditures. REFERRED TO THE SPECIAL COMMITTEE ON BUDGET NO 16 R. CALIPARI- 2010 -2011 BUDGET HEARING REQUESTED INFO Dear Majority Leader Fontana: Pursuant to your request of April 22, 2010, on behalf of the Department of Audit and Control, Division of Investment and Debt Management, I hereby submit the following information: • No employees of this division are assigned a mobile telecommunication device. • No employees of this division are assigned a take -home City vehicle. • No employees of this division are assigned or use gas, debit, charge or procurement cards. • Contemplated travel includes the annual GFOA (Government Finance Officers Association) conference in Albany, New York for the Investment & Debt Management Officer over 2 nights (meals $102; lodging $300; registration $150; gas and tolls $330), the MUNIS training conference in Nashville, Tennessee for one employee over 3 nights (meals $102; lodging $750; registration $650; airfare and transportation $500) and NYCOM bond training for one employee day trip (transportation $190, registration $80). • No positions are vacant. • No employees of this division receive a separate salary from an allied City agency. • No employees of this division are funded with grant funds: • The division has no personal service contracts. • No employees of this division are eligible re- employed retirees. If you have any questions, please feel free to contact me at 851 -5269. Very truly yours, RICHARD F. CALIPARI, CGFM INVESTMENT AND DEBT MANAGEMENT OFFICER REFERRED TO THE SPECIAL COMMITTEE ON BUDGET NO 17 D. FISHKIN- 2010 -2011 BUDGET HEARING REQUESTED INFO Dear Majority Leader Fontana: Pursuant to your request of April 22, 2010, on behalf of the Department of Audit and Control, I hereby submit the following information: • No employees of this division are assigned a mobile telecommunication device. • No employees of this division are assigned a take -home City vehicle. • No employees of this division are assigned or use gas, debit, or procurement cards. The Comptroller has a City- issued charge card for conducting City business. • Contemplated travel includes the annual GFOA (Government Finance Officers Association) conference in Albany, New York for the Comptroller and staff for requisite training over 2 nights (meals $102; lodging $300; registration $150; gas and tolls $330), national GFOA conference for Comptroller over 3 nights (meals $204; lodging $660; registration $650; airfare and transportation $425); Rating agency meetings for Comptroller and Deputy - 2 meetings: (meals and lodging $1500; airfare and transportation $1,050); Municipal Finance Officer annual meeting for Comptroller ( $251 meals and lodging); NYCOM meeting for Comptroller 3 nights ($900 meals and lodging; ); NYS State of the State meeting in Albany for Comptroller and representative staff(S1,060 lodging and meals; $660 gas and tolls) Bond Buyer Summit for Comptroller ($350 meals and lodging; $350 transportation). • No vacancies exist in the division. • No employees of this division receive a separate salary from an allied City agency. • No employees of the division are funded with grant dollars. • The division has no personal service contracts. • No employees of this division arc eligible re- employed retirees. If you have any questions, please feel free to contact me at 851 -5258. Very truly yours, Darby Fishkin, CPA Deputy Comptroller REFERRED TO THE SPECIAL COMMITTEE ON BUDGET NO 18 A. FORTI- SCIARRINO- 2010 -2011 BUDGET HEARING REQUESTED INFO Dear Majority Leader Fontana: Pursuant to your request of April 22, 2010, on behalf of the Department of Audit and Control, Division of Accounting, I hereby submit the following information: • No employees of this division are assigned a mobile telecommunication device. • No employees of this division are assigned a take -home City vehicle. • No employees of this division are assigned or use gas, debit, charge or procurement cards. • Contemplated travel includes the annual GFOA (Government Finance Officers Association) conference in Albany, New York for the City Accountant over 1 nights (meals $51; lodging $150; registration $175; gas and tolls $330), and the MUNIS training conference in Nashville, Tennessee for one employee over 3 nights (meals $102; lodging $750; registration $650; airfare and transportation $500). • No vacancies currently exist in this division. • No employees of this division receive a separate salary from an allied City agency. • No employees of this division have salaries reimbursed by grants. • The division has no personal service contracts. • No employees of this division are eligible re- employed retirees. If you have any questions, please feel free to contact me at 851 -5276. Very truly yours, Anne Forti - Sciarrino City Accountant REFERRED TO THE SPECIAL COMMITTEE ON BUDGET NO 19 D. MCPHERSON- 2010 -2011 BUDGET HEARING REQUESTED INFO Dear Majority Leader Fontana: Pursuant to your request of April 22, 2010, on behalf of the Department of Audit and Control, Division of Audit, I hereby submit the following information: • No employees of this division are assigned a mobile telecommunication device. • No employees of this division are assigned a take -home City vehicle. • No employees of this division are assigned or use gas, debit, charge or procurement cards. • Contemplated travel includes the annual GFOA (Government Finance Officers Association) conference in Albany, New York for the City Auditor over 2 nights (meals $102; lodging $300; registration $150; gas and tolls $330), and the MUNIS training conference in Nashville, Tennessee for one employee over 3 nights (meals $102; lodging $750; registration $650; airfare and transportation $500). • One vacancy exists in the position of Associate Auditor, which has been vacant since January 30, 2010 (three months) due to retirement. Interviews to fill the position are being conducted on May 6 & 7 upon the recent adoption of a Civil Service Eligible List for Associate Auditor /Associate Accountant. • No employees of this division receive a separate salary from an allied City agency. • The division has one employee, Jennifer Renfroe, Senior Accountant, whose salary in 100% reimbursed by the Urban Area Security Initiative (UASI) Grant [Homeland Security]. • The division has no personal service contracts. • No employees of this division are eligible re- employed retirees. If you have any questions, please feel free to contact me at 851 -5265. Very truly yours, Darryl McPherson City Auditor REFERRED TO THE SPECIAL COMMITTEE ON BUDGET NO 20 BUFFALO RIVER GREENWAY GRANT ITEM NO. 9, C.C.P., MAY 11, 2010 The Common Council has requested a response from the Department of Audit and Control regarding a grant totaling $390,100, awarded to the Office of Strategic Planning. The grant represents half of the total project cost for Phase I of the Buffalo River Greenway project. The Comptroller's Office has no objection to accepting these grants or entering into the agreement as prescribed in the Council Communication. Additionally, we encourage timely execution and administration of funds awarded in accordance with the grant specifications. Upon receipt of the grant money, the Office of Strategic Planning should inform the Accounting Division of all necessary information and documentation in order to properly facilitate fiscal grant reports. If you have any further questions on this matter, please feel free to contact the Comptroller's office. RECEIVED AND FILED NO 21 2009 -2010 THIRD QUARTER GAP SHEET REPORT We have reviewed the Third Quarter Gap Sheets, as required by Article 7 -4 of the Charter. The gap report is projecting a $3.03 million surplus, which upon our own independent review and projection based on a three -year historical trend analysis of revenues and expenditures, appears reasonable at this time. We should note that based upon discussion with our outside auditors we directed the Administration to transfer $15.8 million from Reserved General fund monies to the Solid Waste fund to eliminate the accumulated interfund liability related to the operating deficit of this fund. As always, as year -end approaches we will closely monitor the financial condition of the City in comparison to this Third Quarter Gap analysis and will keep your honorable body advised of any concerns that arise. REFERRED TO THE SPECIAL COMMITTEE ON BUDGET FROM THE COMMISSIONER OF ASSESSMENT AND TAXATION NO. 22 INFORMATION FOR COMMON COUNCIL2010 -11 BUDGET HEARINGS Pursuant to your memo dated April 22, 2010 regarding upcoming Common Council budget hearings, the following information is supplied by the Department of Assessment and Taxation in response to requested materials. •A list of all emDlovees assianed a mobile telecommunications device - a chart of each employee with details is attached A list of emDlovees assianed take home city vehicles - this department does not have city vehicles to assign to staff. Staff utilizes their own personal vehicle when necessary to perform their duties and are compensated according to the terms of Local 650 contract •A list of emDlovees assianed aas. debit. charae. procurement cards or transportation passes - this department does not utilize or dispense any of these items to employees A list of contemplated travel - no action in this regard is contemplated or planned A list of positions remainina vacant and duration of vacancy - a separate chart containing this information is attached A list of staff drawina salary from the Citv and an allied agency - there are no staff members in this category A list of staff drawina salary fully or Dartiallv funded by arant funds - there are no staff members in this category A list of all personal service contracts - the department does not have any such contracts A list of all staff for whom a NYS form CSC -20 has been filed - there are no individuals associated with this department who fall into this category REFERRED TO THE SPECIAL COMMITTEE ON BUDGET FROM THE COMMISSIONER OF MANAGEMENT INFORMATION SYSTEMS NO. 23 RESPONSE TO COMMON COUNCIL STAFF CORRESPONDENCE DATED 6/12/10 REGARDING PURCHASE OF OLD COMPUTERS BY K. HAPKE & P. BROWN #64 C.C.P. MAY 11, 2010 & #64 C.C.P. MAY 11,2010 MI.S. staff has reviewed the two P.C.'s requested for purchase. These are old models and are no longer in use. The price offered by the employees is fair and should be accepted. M.I.S. has the two PCs and all city information has been removed from those PCs. RECEIVED AND FILED NO. 24 RESPONSE 2010 -2011 BUDGET HEARING REQUESTED INFO In response to your Memo dated 4/22/10, following is the list of information for Department of M.I.S. employees. 1. Mobile Communication Devices Name Title Device Plan Raj Mehta Director Blackberry Verizon data plan $62.99 per month Peter Barone Supervisor of Data Blackberry Verizon data plan $62.99 per month Processing Operations James Sequin System Administrator Blackberry Verizon data plan $62.99 per month Herb Richardson System Analyst Blackberry Verizon data plan $62.99 per month 2. No M.I.S. employees is assigned a vehicle of any type. 3. Cards -No M.I.S. employees are assigned a cards of any type 4. Travel: Director Raj Mehta will be travelling to Nashville Tennessee for MUNIS User Conference, pending Mayor's approval in October 2010. The anticipated cost is $2500. Last year during his visit to MUNIS User Conference in Orlando Director Mehta negotiated rebates of over $60,000 in annual support cost of Munis. 5. Vacant Positions - None. Currently no vacant positions exist in MIS. 6. MIS employees working for other agencies also - none. MIS has no employees, appointees or officer who draws a separate salary from an allied city agency. 7. MIS employee's salary subsidized by grants - none. No MIS employee, officer or appointee whom receives a portion of their salary from grant finding. 65 NIAGARA SQUARE / 1201 CITY HALL / BUFFALO, NY 14202 -3312 / (716) 851 -4836 / FAX: (716) 851 -5472 / www.city- buffalo.com 8. Personal Service Contract: MIS has a personal service contract with Mr. Gerald Hughes for consulting on network related issues and advice on DSN and firewall setup and configuration of Virtual servers. Mr. Hughes charges $3000 per month and the contract can be terminated at any time. 9 MIS employees required to fill csc20 - none. MIS has no employee, appointee or officer who is required by Retirement and Social Security Law to submit a CSC -20 form. REFERRED TO THE SPECIAL COMMITTEE ON BUDGET FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO. 26 CHANGE IN CONTRACT CITY COURT JANITORIAL SERVICES ELLICOTT DISTRICT I hereby submit to your Honorable Body the following changes for City Court, Janitorial Services 2009 -10, REFERRED TO THE COMMITTEE ON CIVIL SERVICE #93000541. 1. Increase due to Buffalo Living Wage Increase Add $18,981.88 The foregoing changes result in a net increase in the contract of eighteen Thousand Nine Hundred Eighty One and 88/100 Dollars($18,981.88) Summary Original Contract Amount $320,801.00 Amount of this Change Order $18,981.88 Revised Contract Amount $339,782.88 Costs have been reviewed by the Department of Public Works, Parks and Streets and were found to be fair and Equitable. Funds for this work are available in 13296006- 480000. This money will be reimbursed to the City by the Unified Court System. Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated May 18, 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, for City Court Janitorial Services, an increase in the amount of $18,981.88, as more fully described in the above communication, for work relating to City Court, C #93000541. Funds for this project are available in 13296006 480000 to be reimbursed to the City by the Unified Court System. PASSED AYES - FRANCZYK, GOLOMBEK, HAYNES, KEARNS, LOCURTO, RIVERA, RUSSELL, SMITH - 8 NOES — FONTANA - 1 NO. 26 CHANGE IN CONTRACT CITY -WIDE SIDEWALK REPL. -2009, GR. #691 P & J CONSTRUCTION CO., INC. CONTRACT #93000474 1 hereby submit to your Honorable Body the following additions to the contract for the above named Project. This change order is necessary to complete additional tree root and hazardous locations, lawsuits encountered during the construction operations on a District by District basis. 85.0 tons Item Description Unit Price Estimate Quantity Estimated cost See attached sheets for items Existing Contract Amount $990,370 Increase in Contract $180.640 Total Contract to Date $1,171,010 Funds for this work are available in account(s) #32311506 - 445100, #31310406 - 445100 & #30032106- 445100, an another account to be named at a future date. I respectfully certify that this change order is fair and equitable for the work involved, and respectfully request that Your Honorable Body approve the subject change order and authorize the Commissioner of Public Works, Parks & Streets to issue said change order to P & J Construction Co., Inc. REFERRED TO THE COMMITTEE ON FINANCE NO. 27 CHANGE IN CONTRACT REPAIR TO CITY PAVEMENTS, GR. #696 THOMANN ASPHALT PAVING CORP. CONTRACT #93000469 1 hereby submit to your Honorable Body the following additions to the contract for the above named Project. This change order to restore pavement at various locations: 85.0 tons Item Description Unit Price Estimate Estimated Quantity Cost 04.215 Asphalt concrete full depth repair for watermain repair - including sawcut; $300 /ton 85.0 tons $25,500 excavation; subbase course; asphalt binder and top course Existing Contact Amount $98,650.00 Increase in contract $25.500.00 Total Contract to Date $124,150.00 Funds for this work are in the Capital Projects Account #30032106 - 445100 & #32311506 - 445100. I respectfully certify that this change order is fair and equitable for the work involved, and respectfully request that Your Honorable Body approve the subject change order and authorize the Commissioner of Public Works, Parks & Streets to issue said change order to Thomaan Asphalt Paving Corp. REFERRED TO THE COMMITTEE FINANCE. NO. 28 CHANGE ORDER FOR 2009 CITYWIDE TREE REMOVAL CONTRACT I hereby respectfully request from Your Honorable Body permission to add $40,000.00 for emergency tree removal work by Schneck Tree Removal, Inc. to allow the City of Buffalo to continue to do emergency work as a new tree removal contract is being put out to bid. Funds are available in Capital Project Fund No. 30032106 - 445100 and 38400206 - 445100. Your consideration toward this request is greatly appreciated. REFERRED TO THE COMMITTEE ON FINANCE NO. 29 PERMISSION TO ENTER INTO A ONE YEAR CONTRACT [:EXTENSION (JULY 1, 2009 - JUNE 30, 2010) WITH NEW YORK STATE INDUSTRIES FOR THE DISABLED, INC. TO CONTINUE THEIR CLEANING & [:JANITORIAL SERVICES AT THE CITY COURT BUILDING ELLICOTT DISTRICT ITEM 33, CCP 5/26/09 AND ITEM 19, CCP 05/11/10) The Department of Public Works, Parks & Streets requests authorization to enter into a one year contract extension for the period July 1, 2009 through June 30, 2010 with New York State Industries for the Disabled, Inc. ( "NYSID ") to continue NYSID's cleaning and janitorial services at the City Court Building. The contract price as adjusted for "living wage" for 2009 -10 is $339,782.88. The Department of Public Works, Parks & Streets is requesting that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to enter into a one year contract extension agreement covering the period running from July 1, 2009 through June 30, 2010 for the price of $339,782.88 in substantially the form attached to this communication and is also requesting that Your Honorable Body further authorize City personnel to take all such steps and actions as are necessary to effectuate and implement the one year contract extension. REFERRED TO THE COMMITTEE ON FINANCE NO. 30 REPORT OF BIDS REPAIR TO CITY PAVEMENTS -2010 GROUP# 713 In obtaining these bids for the above mentioned project, I have asked for unit price covering the various items of work and material which will be performed. The final cost of the work will be based on the actual measured quantities of materials entering into the work and may be either more or less than the total bid. The following bids were received: Base Bid Thomann Asphalt Paving Corp. $96,375.00 56 Gunville Road, Lancaster, NY 14086 C. Destro Development Co., Inc. $143,725.00 411 Ludington Avenue, Buffalo, NY 14206 1 hereby certify that the low bidder for the above project is Thomann Asphalt Paving Corp. I respectfully recommend that your Honorable Body authorize a contract award in the amount of $96,375.00. Funds for this work are available in account(s) #32311506 - 445100, #31310406 - 445100„ & #30032106 - 445100, an another account to be named at a future date. The engineer's estimate for this work is $100,000.00. The attached is certified to be a true and correct statement of the bid received. Under provisions of the General Municipal Law, any of the bidders may withdraw his bid if an award of the contract is not made by July 3 r 2010. Individual bid submissions are available in our office for inspection and copies are available upon request. Mr. Fontana moved! That the above communication from the Commissioner of Public Works, Parks and Streets dated May 13, 2010, he received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to award a contract for Repair to City Pavements - 2010, Group #713, to Thomann Asphalt Paving Corp., the lowest responsible bidder, in the amount of $96,375.00. Funds for the project are available in #32311506 - 445100, #31310406 - 445100 & #30032106 - 445100, and another account to be named at a future date. PASSED AYES -9 NOES -0 NO. 31 REPORT OF BIDS TOSH COLLINS EXPANSION ICE RINK (PLUMBING) JOB #1012P SOUTH DISTRICT I advertised for on May 7, 2010, and received the following formal sealed bids for the Tosh Collins Expansion, Ice Rink, Cazenovia Park, Plumbing Work, which were publicly opened and read on May 21, 2010. Mollenberg Betz $25,899.00 300 Scott, Buffalo, NY LC Mechanical $37,000.00 637 Main, Tonawanda, NY L &D Johnson Plumbing $47,928.00 1039 Niagara, Buffalo, NY Ackerman Plumbing $54,019.00 678 Sheridan, Tonawanda, NY I hereby certify that the foregoing is a true and correct statement of all bids received and that Mollenberg Betz, with a bid of Twenty Five Thousand Eight Hundred Ninety Nine and 00/100 Dollars ($25,899.00) is the lowest responsible bidder in accordance with the plans and specifications. I recommend that Your Honorable Body authorize the Commissioner of Public Parks, Parks & Streets to order on the basis of the lowest responsible bid. Funding for this project is available in 35320706 445100 - Buildings. Mr. Fontana moved That the Commissioner of Public Works, Parks and Streets is hereby authorized to order on the basis of the lowest responsible bid for the Tosh Collins Expression Ice Rink project on the basis of the bids contained in the attached communication. PASSED AYES -9 NOES -0 NO. 32 REPORT OF BIDS 2010 TREE TRIMMING (CITY WIDE) JOB #0944 VARIOUS DISTRICTS ITEM NO. 29; CCP 07/21/09 1 advertised for on July 22, 2009 and received the following sealed bids for 2010 Tree Trimming, City Wide, which were publicly opened and read on August 5, 2009. Base Bid Total Bid Price Schneck's Tree Removal $129,200.00 $142,120.00' 2861 Southwestern, Orchard Park, NY Woodchuck Tree Service $136,522.00 $150,207.20 208 Fairview, Grand Island, NY Terry Tree Service, LLC $331,500.00 $364,650.00 225 Ballantyne, Rochester, NY I certify that the foregoing is a true and correct statement of all bids received and that Schneck's Tree Removal, Inc., is the lowest responsible bidder in accordance with the plans and specifications; and that the contract amount if $142,120.00 ('$129,200.00 + 10% = $142,120.00). 1 recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to order the work on the basis of the low bid. Prior Common Council approval was for account 13111007 471010. The account is being changed to 30032106 445100. Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated May 13, 2010, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to award a contract for 2010 Tree Trimming, City Wide, Job #0944, to Schneck's Tree Removal, Inc., the lowest responsible bidder, in the amount of $142,120.00 ($129,200.00 + 10% = $142,120.00). Funds for the project are available in 30032106 445100. PASSED AYES -9 NOES -0 NO. 33 SURVEYING FIRST WARD FEMA FLOOD AREA I hereby respectfully request from Your Honorable Body permission to RFP our contract not to exceed $400,000.00 for the surveying of the First Ward FEMA flood area. The purpose of this is to dispute FEMA findings that the above area should not be in a flood zone. Funds are available in Capital Project Fund No. 30000106-445100. Your consideration toward this request is greatly appreciated. Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated May 18, 2010, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to RFP for the Surveying of the First Ward FEMA Flood Area. Funds are not to exceed $400,000 and are available in Capital Project Fund No. 30000106 - 445100. PASSED AYES -9 NOES -0 NO. 34 APPOINT GENERAL MECHANIC ( INTER)(PERM)(SLOMDA) Appointment effective 4/13/2010 in the Department of Public Works, Parks and Streets to the position of General Mechanic, Permanent at the Intermediate Salary of $36,095.00 Paul F. Slomba, 31 No Ryan Street, Buffalo, NY 14210 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF FIRE NO. 35 OVERTIME POLICY REQUEST As per your request, please find enclosed information regarding policies /procedures implemented to address the use of sick- time in the Buffalo Fire Department as of January 1,2010. Please also note that the use of sick -time by the members of this department has a direct correlation to the amount of overtime also being used. 1. Department Order #5 "Sick/Dr. Release 2. Department Order # 8 "Swapping of Overtime" 3. Department Order# 9 'Daily Call in Accountability Policy" 4. Department Order# 9 "Revised" 5. Department Order# 13 "Effect of Sick and /or Injured on -Duty Use an overtime Opportunities" 6. Daily Report of Sick/Injured Form We have worked with MIS to develop tools to manage this information and automatically calculate members' overtime eligibility. We are also currently reviewing proposals from vendors for additional workforce management tools. Our sick hours through pay period 23 are down 3,910 hours from the same period last year and our overtime hours are down 14,677 from the same period last year. REFERRED TO THE SPECIAL COMMITTEE ON BUDGET FROM THE CORPORATION COUNCEL NO. 36 CLAIMS COMMITTEE MEETING WEDNESDAY, JUNE 2, 2010 - 11:00 A.M. HON. DAVID A. RIVERA, CHAIRPERSON AGENDA Personal Iniury A. 1. Ray Aponte $ 19,432.00 A. 2. Lizetta Bosley $ 17,000.00 A. 3. Irene Brown $ 10,000.00 A. 4. Joseph Carrier p /n /g Chassity Carrier $ 7,500.00 A. 5. Annette Coleman $ 14,000.00 A. 6. Phillip Ferguson $ 6,000.00 A. 7. Stephen Ferranti $ 40,000.00 A. 8. Anthony A./ Darcia M. Golda $ 75,000.00 A. 9. Theresa Morgan $ 15,000.00 A. 10. Roxanne Ojeda $ 335,000.00 A. 11. Papus Sambola $ 90,000.00 A. 12. David Siedlecki $ 200,000.00 A. 13. Gary Slomba $ 9,000.00 A. 14. Deborah Staszak, as Adm. of the Est. of Dorothy J. Kroll $ 143,000.00 A. 15. Corinda Stevenson p /n /g Jessica Hendrix $ 5,000.00 A. 16. Albert Tallchief $ 45,000.00 A. 17. Michael E. Triggs $ 3,000.00 Property Damaae B. 1. Lynn Barnes $ 700.00 B. 2. Kevin Bohn $ 126.70 B. 3. Rashad Bridgers $ 1,333.95 B. 4. Brandy Crawley $ 1,060.00 B. 5. Rita Falcone $ 225.54 B. 6. Erika Hedberg $ 1,598.63 B. 7. Thomas Kistler $ 216.25 B. 8. Wade Lewis $ 320.81 B. 9. Kevin Luthringer $ 1,318.92 B. 10. Julie Moran $ 500.00 B. 11. Marie Rizzo $ 9,500.00 B. 12. Ann & Thomas Sullivan $ 625.00 B. 13. Leonard Wiggins $ 490.00 Miscellaneous Reimbursement C. 1. Dana Braxton - Rasheed $ 1,940.00 C. 2. Kathryn Gould $ 2,880.00 C. 3. Adam & June Hatfield $ 1,200.00 C. 4. Jessica Kane $ 90.00 C. 5. Michael Mazgajewski $ 2.00 Miscellaneous Invoices D. 1. Allied Waste Services $ 501.25 D. 2. Allied Waste Services $ 140.28 D. 3. Buffalo Small Animal Hospital $ 8,522.00 D. 4. Chudy Paper Co. $ 215.11 D. 5. Denall, Vitrano & Associates $ 467.25 D. 6. First Niagara Risk Management $ 1,420.83 D. 7. Gross Shuman Brizdle & Gilfillan $ 4,746.82 D. 8. Hiscock Barclay $ 247.50 D. 9. Hiscock Barclay $ 1,201.20 D. 10. Jason Hodge $ 825.00 D. 11. Manko Construction Services $ 8,396.63 D. 12. McCann & McCann Reporting $ 251.25 D. 13. New York State $ 2,275.00 D. 14. New York State Dept. Environmental Conservation $ 3,546.75 D. 15. Terra Viva /Concord Engineering & M &T Bank $13,962.00 D. 16. University Medical $ 30.00 D. 17. Verizon $45,626.75 D. 18. Verizon Wireless $ 249.19 D. 19. Verizon Wireless $ 216.08 D. 20. Verizon Wireless $ 251.77 D. 21. Xerographic Solution $ 1,242.00 Miscellaneous Reward E. 1. Tonitet McDowell $1,000.00 Items for Discussion F. 1. Allstate Insurance a /s /o Shirley Riedhammer $ 3,181.06 F. 2. Theresa Senger $ 199.45 F. 3. Irene Younger $ 600.00 REFERRED TO THE COMMITTEE ON CLAIMS FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT & INSPECTION SERVICES NO. 37 FOOD STORE (NEW) 2483 BAILEY (LOVEJOY) Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 2483 Bailey (NYC Market /Mohamed Abdulla) and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collection Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 38 FOOD STORE (NEW) 2534 BAILEY(LOVEJOY) Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 2534 Bailey (Bailey & Kermit Market /Mohamed Moosa) and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collection Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 39 FOOD STORE (NEW) 473 JEFFERSON (ELLICOTT) Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 473 Jefferson (Willert Park Food Market /Khaled Baagari) and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collection Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION NO 40 RESTAURANT DANCE LICENSE (RENEWAL) 532 MAIN (ELL) Pursuant to Chapter 150 of the City of Buffalo Ordinances, please be advised that I have caused an investigation into the premises located at 532 Main Street for which said renewal application for a Restaurant Dance Class I & II license is being sought by Hyatt Regency and according to the attached reports from the Fire Department, Police Department and Building Inspections, I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Mr. Fontana moved: That the above communication from the Department of Economic Development, Permit and Inspections Services, dated May 12, 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 I & II license to the Hyatt Regency Buffalo located at 532 Main Street. PASSED AYES -9 NOES -0 NO 41 RESTAURANT DANCE CLASS 111 620 NIAGARA STREET Pursuant to Chapter 150 of the City of Buffalo Ordinance please be advised that I have examined the attached application for a Restaurant Dance Class III License located at 520 Niagara Street and find that as to form is correct. I have caused an investigation into the premises for which said application for a Restaurant Dance Class III license is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspections. I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the morn character of Tina De Jesus. The attached thereto for Rendezvous of Buffalo. This request is submitted for your approval or whatever action you deem appropriate. Mr. Fontana moved: That the above communication from the Department of Economic Development, Permit and Inspections Services, dated May 12, 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 grant a Restaurant Dancing Class III license to Tina DeJesus d /b /a Rendezvous of Buffalo located at 520 Niagara Street. PASSED AYES -9 NOES -0 NO 42 SCRAP PROCESSOR 301 HERTEL AVE (NORTH) Pursuant to Chapter 254 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Scrap Processor Dealer License located at 301 Hertel Ave and find that as to form is correct. I have caused an investigation into the premises for which said application for a Scrap Processor 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 John Adornetto. The attached thereto for John Adornetto d /b /a Buffalo Auto Wrecking Inc. This request is submitted for your approval or whatever action you deem appropriate. Mr. Fontana moved: That the above communication from the Department of Economic Development, Permit and Inspections Services, dated May 7, 2010, be received and filed; and That pursuant to Chapter 254 of the City Code, the Commissioner of Economic Development, Permit & Inspections Services be, and he hereby is authorized to grant a Scrap Processor Dealer License to John Adometto, d /b /a Buffalo Auto Wrecking Inc., located at 301 Hertel Avenue. PASSED AYES -9 NOES -0 NO 43 SECOND HAND DEALER -1522 GENESEE (FILL) Pursuant to Chapter 254 of the City of Buffalo Ordinances please be advised that I have examined the attached application for a Second Hand Dealer License located at 1522 Genesee and find that as to form is correct. I have caused an investigation into the premises for which said application for a second hand dealer license is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspections. I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of Shawn Sanders & Harrison Davis. The attached thereto for Shawn Sanders & Harrison Davis d /b /a /Pre Own Entertainment Zone. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION NO 44 SIDEWALK CAFE -49 WEST CHIPPEWA (ELL) Pursuant to Chapter 150 of the City of Buffalo Ordinance please be advised that I have examined the attached application for a Sidewalk Car6 License located at 49 West Chippewa and from that as to form is correct. This Sidewalk Cafe had been previously approved by the Common Council. I find it complies with all regulations and other applicable laws. The attached application is thereto for Indulge. This request is submitted for your approval or whatever action you deem appropriate. Mr. Fontana moved: That the above communication from the Department of Economic Development, Permit and Inspections Services dated May 18, 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 issue a "Mere License" to Burt Mirti, applicant, d /b /a Indulge located at 49 West Chippewa, to install a 20'x 5' sidewalk car6, which would encroach city right -of -way at said address, subject to the conditions, as requested, by the Commissioner. PASSED AYES -9 NOES -0 NO 45 SIDEWALK CAFE -929 ELMWOOD (NORTH) Pursuant to Chapter 150 of the City of Buffalo Ordinance please be advised that I have examined the attached application for a Sidewalk Cafe License located at 929 Elmwood Avenue and find that as to form is correct. This Sidewalk Cafe had been previously approved by the Common Council. I find it complies with all regulations and other applicable laws. The attached application is thereto for Mezza Restaurant and Lounge. This request is submitted for your approval or whatever action you deem appropriate. Mr. Fontana moved: That the above communication from the Department of Economic Development, Permit and Inspections Services dated May 20, 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 issue a "Mere License" to Peter J. Eid, applicant, dib /a Mezza Restaurant and Lounge located at 929 Elmwood, to install a 27' x 8'- 216' sidewalk cafe, which would encroach city fight -of -way at said address, subject to the conditions, as requested, by the Commissioner. PASSED AYES -9 NOES -0 NO 46 USED CAR DEALER 1526 WILLIAM (LOV) 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 1526 William 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 Derjuan Baldwin. The attached thereto for Derjuan Baldwin dba /Juan's Auto. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION NO 47 WHOLESALE JUNK DEALER 301 HERTEL AVE (NORTH) Pursuant to Chapter 254 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Wholesale Junk Dealer License located at 301 Hertel Ave and find that as to form is correct. I have caused an investigation into the premises for which said application for a Wholesale Junk 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 John Adornetto. The attached thereto for John Adornetto d /b /a Buffalo Auto Wrecking Inc. This request is submitted for your approval or whatever action you deem appropriate. Mr. Fontana moved: That the above communication from the Department of Economic Development, Permit and Inspections Services dated May 7, 2010, 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 Whole Sale Junk Dealer license to John Adometto d /b /a Buffalo Auto Wrecking Inc. located at 301 Hertel Avenue. PASSED AYES -9 NOES -0 FROM THE COMMISSIONER OF ADMINISTRATION, FINANCE, POLICY & URBAN AFFAIRS NO 48 THIRD QUARTER GAP 2009 -2010 The Third Quarter of 2009 -2010 anticipates the year to end with a $3.03 million surplus. The revenues are projected to come in higher than budget due to a New York State reimbursement from Restore New York of $2.061 million. There is also a reimbursement from BURA of $575,000 from completed paving contracts in 2008 -09 that was not part of the adopted budget. As in the Second Quarter, the City get the benefit of an extra year of Medicaid D reimbursements that had been previously delayed. Interest revenues have started to increase, so the City will see an additional $800,000 in that category. Service Charges are trending down and are projected to come in $588,000 below budget. There are personnel and departmental savings throughout most departments. In general charges, there will be an overage in Prior Year claims of $4.2 million and PFRS Pension costs came in at $2.4 million higher than budget. The administration recognizes the fiscal concerns facing the nation and New York State and will continue to budget and manage in this conservative manner. REFERRED TO THE SPECIAL COMMITTEE ON BUDGET FROM THE COMMISSIONER OF COMMUNITY SERVICES & RECREATIONAL PROGRAMMING NO 49 PROPOSED AGMT WITH PAL TO ADMINISTER MAYOR'S SUMMER YOUTH PROGRAM City's Department of Community Services & Recreational Programming's Proposed Agreement with The Police Athletic League of Buffalo, Inc. to Administer The Mayor's Summer Youth Employment Program The City of Buffalo Department of Community Services & Recreational Programming (the "Department ") is positioned to engage the Police Athletic League of Buffalo, Inc. ( "PAL ") to administer the Mayor's Summer Youth Employment Program (the "Youth Program "). The Youth Program is a time honored tradition in Buffalo under which youth throughout the City are gainfully employed during the summer months in valuable on the job work and life experience ventures. Until now, the Youth Program administration (management, set up, payroll functions, wind down, wrap -up and etc.) has typically been done through various City offices or departments, most recently through the City Comptroller (as well as through the City's Human Resources Department and the City's Management Information Systems Department) as to payroll and the City's Department of Community Services and Recreational Programming as to all other aspects of Program set up, day to day management, troubleshooting and administration. The City's engagement of PAL to directly oversee the payroll responsibilities of the Program which will result in the efficient delivery of pay to the City's youth. The City of Buffalo's Department of Community Services and Recreational Programming will continue to oversee the program's administrative, day to day aspects including recruitment, training, placement and serve as the contact between the worksites, youth and supervisors. The Youth Program's funding from City budget spumes for this summer (City's fiscal year 2010 -11 budget beginning July 1, 2010) is expected to be at least $937,000. Direct operation and management of the payroll by PAL of the Youth Program is expected to facilitate faster and more efficient payroll turnaround and direct payroll distribution to the participating youth. One of the expected initiatives for this year is the introduction of "re- chargeable pay cards" to be provided to the participating youth rather than the unwieldy and inefficient paper pay check system which has proven to be inefficient in the past. The City's engagement of PAL for Youth Program management also opens up the opportunity for charitable giving by various funding sources to play a more prominent role in contributing to a very successful year in this time honored Buffalo tradition. Accordingly, the Department requests your Honorable Body to: 1. Grant the Commissioner and the Department the specific authority to enter into the attached Agreement and fund up to $937,000 from the Department to PAL pursuant to the terms and provisions of the Agreement for purposes of managing and operating the Youth Program, 2. Authorize the Department and or other appropriate City staff to take all such steps and actions and to execute and or process such additional documentation and or modifications thereto as shall be necessary to facilitate and implement the terms and provisions of the Agreement, and 3. Direct the Corporation Counsel and other appropriate City and Department personnel to negotiate to finalization said Agreement and other necessary documentation and agreements wherever necessary for execution and actual implementation. REFERRED TO THE COMMITTEE ON FINANCE NO 60 RESPONSE 2010 -2011 BUDGET HEARING REQUESTED INFO List below is a response to the questions posed: Telecommunication devices: Commissioner Tanya Perrin - Johnson, blackberry- $840.00 annual Joe Provenzano, Cell Phone, Senior Services Van Driver - $720.00 Stanely Depczynski, Cell Phone, Senior Services Van Driver - $720.00 Gas cards Joe Provenzano, Cell Phone, Senior Services Van Driver Stanely Depczynski, Cell Phone, Senior Services Van Driver Positions Counselor II - 9 mths (2) Counselor III - 2mths & 4 mths Stenographic Secretary - 9 mths Senior Services Specialist - 9 mths Laborer - 9 mths REFERRED TO THE SPECIAL COMMITTEE ON BUDGET FROM THE BOARD OF EDUCATION NO 61 RESPONSE CCP #104, 6/11/10 MOVE SCHOOL BD ELECTIONS TO NOVEMBER Item no. Res # 104 C.C.P. May 11, 2010 The Buffalo Board of Education's position in the past has been to keep the May elections. The Board will take this item up in a Committee and will send an official opinion to the Council as soon as possible. REFERRED TO THE SPECIAL COMMITTEE ON EDUCATION FROM THE CITY CLERK NO 62 DISPOSITION OF RECORDS Attached please find the following disposition of records from the following departments: AUDIT & CONTROL RECEIVED AND FILED. NO 63 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 253 Allen DBGB Duquin - Alfieri LLC 51 W. Chippewa St City Tavern TCMG Inc 200 Delaware Ave Della Terra Uniquest Hospitality, LLC 1081 Elmwood Ave Pano's Pano Georgiadis 1389 Delaware Ave Blush Ultra Lounge Blush NY, LLC RECEIVED AND FILED NO 64 REPORTS OF ATTENDANCE I transmit herewith communications received by me, from the various boards, commissions, agencies and authorities reporting the membership attendance at their respective meetings: Buffalo Sewer Authority RECEIVED AND FILED NO 66 NOTICES OF APPOINTMENTS - SEASONAL /FLAT I transmit herewith certificates received by me, reporting seasonal and flat salary appointments made in various departments. RECEIVED AND FILED. Certificate of Appointment Appointment effective 5/11 /10 in the Department of Public Works Division of Parks to the Position of Laborer II Seasonal, appointment flat starting salary of $11.87 per hour Lamar Cobb, 29 Weston, Buffalo 14215 Jamel Dark, 21 Cambridge Court, Buffalo 14204 NO 66 APPOINTMENTS - TEMPORARY, PROVISIONAL OR PERMANENT I transmit herewith Appointments in the various departments made at the Minimum (Temporary, Provisional or Permanent) (as per contract requirements). REFERRED TO THE COMMITTEE ON CIVIL SERVICE. Certificate of Appointment Appointment effective 5/10/10 in the Department of Administration, Finance, Policy & Urban Division of Treasury & Collections to the Position of Junior Collection Officer Temporary Open Competitive Minimum starting salary of $30,179.00 Carmen LoVullo, 76 Tioga Street, Buffalo 14216 NON - OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON - OFFICIAL COMMUNICATIONS NO 57 R. FONTANA -C. MCKNIERNEY- CONCERNS AMBULANCE RESPONSE IN COB Dear Council Member Fontana: Earlier this year I sent a letter to the Common Council regarding the ambulance service within the City of Buffalo. That letter stated that Rural /Metro Medical Services does not provide paramedics on most of their 911 ambulances, it went on to mention that Rural /Metro gives priority to the suburbs when posting the paramedics which are available and finally that the ambulances are in poor condition. I write to you today for two reasons. First, I have obtained further information to assist in your investigation, as well as show you that the allegations I am making are based off of truth, not inaccurate information. With that said, I have attached a list of ambulances used in the City of Buffalo. This list shows the years the ambulances were manufactured, as well as their current mileages. This shows that the majority are, in fact, over ten years old with over 300,000 miles. In addition, I have also attached several pictures of different ambulances. These pictures show many areas in each ambulance which I believe you would agree are unacceptable. The second reason I write today is to request a meeting. I would like to come in, either at a meeting or to your individual office, to fully explain the issues present and to answer any questions you may have. I would also like to address some of the claims Rural /Metro has made, to show how they are attempting to mislead you. If you are not available to meet in person, I am most certainly willing to discuss the issues over the phone. Either way, please contact me by phone (716- 225 - 4723), by e-mail (cgmfdna @yahoo.com), or by mail (24 Faahs Dr. Right APT Orchard Park, NY 14127). Let us work together to address this issue now, before someone who could have been helped suffers permanent damage to their health. I appreciate your time and I look forward to hearing from you. Sincerely, Corey G. McNierney REFERRED TO THE CO— MITTEE ON LEGISLATION. NO 58 J. FOGARTY -TIME WARNER CABLE -CITY OF BUFFALO RENEWAL Dear Councilman Fontana: This will respond to your letter of May 11, 2010 requesting that Time Warner provide a report as to the status of the franchise renewal process with the City of Buffalo. It will hopefully reach you by the requested time. I would have liked to have sent it to you sooner, but have been out of the office on business for a week. As to the franchise renewal, which is proceeding under the provisions of the Federal Cable Act, there has been an exchange of renewal proposals, the most recent of which was a proposal submitted by Time Warner Cable to the City on June 1, 2007 under the provisions of Section 626 of the Cable Act. When representatives of the City and Time Warner Cable met with John Figliozzi of the New York Public Service Commission staff on January 16, 2008 regarding resolution of a matter under the current franchise, representatives of the City indicated they were reviewing our proposal and wished to respond before resuming negotiations. Time Warner Cable has indicated to representatives of the city in the interim that it is prepared to resume renewal discussions at any time and that, of course, remains our position. As requested in your letter, I will contact your office shortly. Sincerely, John E. Fogarty REFERRED TO THE COMMITTEE ON LEGISLATION. NO 59 S. GAWLIK- EMPIRE STATE DEVE CORP FINDING STATEMENT -CANAL SIDE PROJ Dear Sir or Madame: Urban Development Corporation d /b /a Empire State Development Corporation Findings Statement: Canal Side Project Enclosed is a copy of the Findings Statement issued by the New York State Urban Development Corporation d /b /a Empire State Development Corporation pursuant to Article 8 of the Environmental' Conservation Law (State Environment Quality Review Act) and 6 NYCRR Part 617 as the lead agency for the Canal Side Project located in Buffalo New York. Thank you for your consideration in this matter. Sincerely Stephen Gawlik Vice President & Senior Counsel Copy available for review in the City Clerks Office REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT. NO 60 M. KEARNS, ETC - CURRENT STATUS OF FINDING CONCERNS IDENTIFIED BY HUD'S OFFICE OF COMM. PLAN & DEVE IN CDBG PROG MONITORING REPORT FOR COB Current Status of Findings and Concerns identified by HUD's Office of Community Planning & Development in their Community Development Block Grant ( "CDBG ") Program Monitoring Report for the City of Buffalo, NY (Monitoring Dates: Phase I - June 16 - July 2, 2008; Phase 2 - August 25 - September 11, 2008). We are writing to you as a follow up to our discussions on December 11, 2009 with Deputy Director Sims and other representatives from HUD, Congresswoman Louise Slaughter, and representatives from Mayor Byron Brown's Administration regarding Findings and Concerns identified within the Community Development Block Grant ( "CDBG ") Program Monitoring Report for the City of Buffalo, NY (Monitoring Dates: Phase 1 - June 16 - July 2, 2008; Phase 2 - August 25 - September 11, 2008). As you may recall, the main topic of discussion at this meeting was the nature of the various Findings and Concerns identified by your agency and what progress, if any, had been made by the City to address these issues. During these discussions, City Administration officials acknowledged the need to correct some issues relating to the cited Findings and Concerns, while disputing the accuracy and /or severity of other issues cited within the Report. Prior to the scheduling of this meeting by Congresswoman Slaughter, the Common Council had received virtually no cooperation from either your agency or the City Administration in our attempts to obtain basic information relating to the Monitoring Report. In essence, the Common Council was denied access to critical information relating to a time - sensitive budgetary matter that appeared before us for consideration, and we were placed in the position of having to vote upon millions of dollars in Yr. 36 (2010 -2011) CDBG funding without the information necessary to ensure that this funding would be used wisely and in our constituent's best interests. While initially encouraged by the frank discussions which took place once we were finally able to arrange a meeting, we are concerned that over the last five months the Common Council has received no new information from either your agency or the City Administration relating to this matter. Once again, we find ourselves as a body being asked to consider a budget, to wit the City's Annual Budget, without access to information that we should have to ensure prudent fiscal decision making. The Common Council is being asked by the City Administration, as part of this budget review, to consider the substantial restructuring of the operations and finding of several city and city - affiliated governmental units that are directly involved in the administration of CDBG funding and connected with the Findings and Concerns identified within the Monitoring Report. While we appreciate your agency's desire to utilize the City Administration as a point of contact for Monitoring Report related inquiries and concerns, the utter lack of transparency which has characterized the handling of this matter is completely unacceptable and has done the taxpayers of the City of Buffalo a serious disservice. Particularly disturbing is the fact that we, as duly elected representatives of the taxpayers of the City of Buffalo, are for the second time being placed in the position of having to take a critical vote that involves millions dollars in funding without the requisite knowledge to make an informed and prudent decision. For the above stated reasons, we respectfully request that a representative of HUD be made available immediately to discuss with the undersigned, or Common Council as a body, the progress that has been made by the City to address the Findings and Concerns cited in the referenced Monitoring Report and ensure that prudent fiscal decisions are being made on behalf of City of Buffalo residents. If you have any questions concerning this matter or would like to arrange a meeting, please contact the undersigned at 716- 851 -5169. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO 61 M. LOCURTO- RESIDENTS OPPOSING LED BILLBOARD AT 1226 HERTEL AVE Please file the attached item for further discussion at the next Common Council session to be held May 25, 2010. Thank you in advance for your assistance in this matter, Sincerely MICHAEL J. LoCURTO Delaware District Councilmember Copy available for review in the City Clerks Office review REFERRED TO THE COMMITTEE ON LEGISLATION NO 62 M. MONTYSKO -DOH PUBLIC OPEN SPACE UNIONSHIP CANAL 1397 FUHRMANN BLVD Public Open Space - Union Ship Canal 1397 Fuhrmann Blvd. Buffalo Erie County To Whom It May Concern: The plans and specifications for the above referenced backflow prevention project have been reviewed and approved by this office subject to the following Conditions of Approval: A. THAT the proposed works be constructed in complete conformity with the plans and specifications approved this day or approved amendments thereto. B. THAT any connection made prior to the approved backflow prevention device(s) shall fender this approval void. THAT within 45 days of installation, the following steps must be taken: (1) The approved device(s) must be tested by a NYSDOH certified backflow prevention device tester; (2) The completed installation must be certified by the design engineer, architect or water supplier; and (3) The attached form DOH 1013 must be completed and returned to the water supplier. D. THAT a NYSDOH certified backflow prevention device tester test the approved backflow prevention device(s) at least annually and report the results to the water supplier. A copy of the approved plans and specifications is being retained in our files, and the remaining copies are being sent to the local health department, the water supplier and your engineer. If you have any questions, please contact this office at (518) 402 -7676. Sincerely, Michael J. Montysko. P.E. Chief, Design Section Bureau of Water Supply Protection RECEIVED AND FILED NO 63 M. MONTYSKO- DOH - PUBLIC OPEN SPACE - UNIONSHIP CANAL 1801 & 1836 FUHRMANN BLVD To Whom It May Concern: The plans and specifications for the above referenced backflow prevention project have been reviewed and approved by this office subject to the following Conditions of Approval: A. THAT the proposed works be constructed in complete conformity with the plans and specifications approved this day or approved amendments thereto. B. THAT any connection made prior to the approved backflow prevention device(s) shall render this approval void. THAT within 45 days of installation, the following steps must be taken: (1) The approved device(s) must be tested by a NYSDOH certified backflow prevention device tester; (2) The completed installation must be certified by the design engineer, architect or water supplier: and (3) The attached form DOH 1013 must be completed and returned to the water supplier. D. THAT a NYSDOH certified backflow prevention device tester test the approved backflow prevention device(s) at least annually and report the results to the water supplier. A copy of the approved plans and specifications is being retained in our files, and the remaining copies are being sent to the local health department, the water supplier and your engineer. If you have any questions, please contact this office at (518) 402 -7676. Sincerely, Michael J. Montysko P.E. Chief, Design Section Bureau of Water Supply Protection RECEIVED AND FILED NO 64 M. ROMANOWSKI - KALEIDA HEALTH'S SUPPLEMENT TO THE PETITION TO AMEND FRUIT BELT URBAN RENEWAL AREA BOUNDARY Supplement to the Petition to amend the Fruit Belt Urban Renewal Area Boundary to Facilitate Kaleida Health's Proposed Skilled Nursing Beds at Buffalo General Hospital Dear Ladies and Gentlemen: We are submitting this Supplemental Letter of Intent regarding Kaleida Health's ( "Kaleida ") and Site E, LLC's (collectively the "Applicants ") Petition to amend the boundary of the Fruit Belt Urban Renewal Area. As a supplement to the original submission, we are attaching a map which depicts the boundary of the Fruit Belt Urban Renewal Area and the area the Applicants are proposing to have removed to facilitate the proposed Skilled Nursing Facility. Please note that the area to be amended is now a single parcel under the ownership of the Applicants. We appreciate your consideration relative to this matter. Very Truly Yours, Harter Secrest & Emery LLP Marc A. Romanowski REFERRED TO THE COMMITTEE ON LEGISLATION NO 65 D. SANDERS -J. GOLOMBEK -BMHA- CONCERNS CRIMINAL ACTIVITIES LAIRD AVE Dear Councilmember Golombek, Thank you for providing my office with a copy of Lower Laird Avenue Block Club's letter regarding the concerns of criminal activities eroding their quality of life. I agree there are some challenges facing the community and as partners of the community having more than two hundred residents residing at Shaffer Village we are making great strides to address the issues within our property. The following items represent some of the activity that has occurred to address the issues within Shaffer Village to date: • Reopened the Management Office at Shaffer in December 2008, its closing more the 15 years ago contributed to some of the criminal activity. • Changed management staff at Shaffer to improve the relationship between residents and staff. • We have had 4 sweeps by the Buffalo Police Department resulting in several dozen arrests since the reassignment of new manager one year ago. • Two coordinated raids involving BPD, ATF, FBI and US Marshall resulting in additional arrest during the same time period. • Regular patrols through Shaffer Village and surrounding neighborhood, the new Property Manager meets with Precinct D staff on a regular basis, • Manager has conducted 25 criminal or drug related evictions since September 2009, • Staff continues to work with ShafferTenant Council to address resident concerns and develop programs for at risk youth. • The following items are planned in the coming months to improve the quality of life for our residents: Working with Buffalo Police Department to establish a dedicated BPD unit exclusively for BMHA developments, • Expanding the installation of security cameras throughout Shaffer and other housing complexes. • Upgrade lighting throughout housing complex In closing, as we move forward to improve the quality of life for our residents we certainly would appreciate the opportunity to develop a partnership with block club and community leaders in the Shaffer area. Please feel free to contact me should you require additional assistance. Respectfully, Ms. Dawn E. Sanders Executive Director, Buffalo Municipal Housing Authority REFERRED TO THE COMMITTEE ON LEGISLATION NO 66 SEQR- BUFFALO RIVERFEST PARK Appendix A State Environmental Quality Review Full Environmental Assessment Form Copy available for review in the City Clerks office REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT PETITIONS NO 67 G. LAMARTINA, OWNER, USE 739 ELMWOOD FOR A SIT IN RESTAURANT WITH A SIDEWALK CAFE (HRG 6/1 )(DEL) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO 68 C. MCCAFFERY, OWNER, USE 2550 DELAWARE FOR A FREESTANDING SIGN (NO PUB HRG )(DEL) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD REGULAR COMMITTEES CIVIL SERVICE (BONNIE E. RUSSELL, CHAIRPERSON) NO 69 APPT DEPUTY COMM OF PW, PARKS AND STREETS FOR PARKS & RECREATION (ROBB)(EXEMPT)(PW) CCP #33,05/11 Mrs. Russell moved That the above item be the same and hereby is Received and Filed ADOPT NO 70 NOTICES OF APPOINTMENTS - TEMP /PROV /PERM CEP #53, 05/11 Mrs. Russell moved That the above item be the same and hereby is Received and Filed ADOPT FINANCE (MICHAEL P. KEARNS, CHAIRMAN) NO 71 GRANT AGREEMENT - BUFFALO RIVER GREENWAY - PHASE 1 BUFFALO RIVERFEST PARK (ITEM NO. 9, C.C.P., MAY 11, 2010) That the Mayor be, and he hereby is authorized on behalf of the City to enter into a Grant Agreement with the New York State Department of State for acceptance of $390,100.00 funding for Phase 1 of the "Buffalo River Greenway Project" and that the Common Council authorizes the Mayor and /or appropriate staff to execute and process such additional documentation, which is satisfactory to the Corporation Counsel's office, as shall be necessary to facilitate the grant funding. PASSED AYES -9 NOES -0 NO 72 CHANGE IN CONTRACT - CITY COURT 2007 RENOVATION - JOB #0704 (ITEM NO. 20, C.C.P., MAY 11, 2010) That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue change order No. 2, to Baron, Hovey, Nardini & Tries, a decrease in the amount of $24,960.00, as more fully described in the above communication, for work relating to City Court, 2007 Renovation, Job #0704, C #92011240. Funds for this project are to be credited to 39320806 445100 - Buildings. PASSED AYES -9 NOES -0 NO 73 P. BROWN - REQUEST TO PURCHASE OLD COMPUTER (ITEM NO. 54, C.C.P., MAY 11, 2010) That the Directors of MIS and Purchase be, and they hereby are authorized to accept $30.00 from Phyllis R. Brown for the purchase of a computer, Serial #BFX -DD177 and Tag #051972. PASSED AYES -9 NOES -0 NO 74 K. HAPKE - REQUEST TO PURCHASE OLD COMPUTER (ITEM NO. 64, C.C.P., MAY 11, 2010) That the Directors of MIS and Purchase be, and they hereby are authorized to accept $30.00 from Kim Hapke for the purchase of a computer, Serial #BFX- 22128. PASSED AYES -9 NOES -0 NO 75 DELINQUENT COB OCCUPANCY TAX CCP #58, 05/11 Mr. Kearns moved That the above item be the same and hereby is Received and Filed ADOPT NO 76 CITY OF BUFFALO WATER BOARD AGREEMENT WITH VEOLIA WATER NORTH AMERICA (ITEM NO. 58, C.C.P., APR. 27, 2010) Mr. Kearns moved That the above item be recommitted to the Committee on Finance ADOPTED NO 77 M. KEARNS - OLMSTED CONSERVANCY PARKS AGREEMENT CCP #31, 04/13 Mr. Kearns moved That the above item be the same and hereby is Received and Filed ADOPT NO 78 SECOND QUARTER GAP SHEET 2009 -2010 (COMPT) CCP #3, 03/2 Mr. Kearns moved That the above item be the same and hereby is Received and Filed ADOPT NO 79 SECOND QUARTER GAP 2009 -2010 (A &F) CCP #18, 03/2 Mr. Kearns moved That the above item be the same and hereby is Received and Filed ADOPT NO 80 BFLO WATER BD -BASIC FINANCIAL STATEMENTS Y/E 6 /30 /2009(COMPT) CCP #13,02/16 Mr. Kearns moved That the above item be the same and hereby is Received and Filed ADOPT NO 81 BFLO MUNICIPAL WATER FINANCE AUTH -BASIC FINANCIAL STATEMENTS Y/E 6/30/2009 (COMPT) COP #14, 02/16 Mr. Kearns moved That the above item be the same and hereby is Received and Filed ADOPT NO 82 M. KEARNS- ARTICLE WATER RATES CCP #38, 02/2 Mr. Kearns moved That the above item be the same and hereby is Received and Filed ADOPT NO83 O. MCFOY -WATER RATEPAYER BILL OF RIGHTS ( #84, 7/22) CCP #72, 03/31 Mr. Kearns moved That the above item be the same and hereby is Received and Filed ADOPT COMMUNITY DEVELOPMENT (MICHAEL J. LOCURTO, CHAIRMAN) NO 84 APPROVAL TO WAIVE CERTAIN CONDITIONS IN LAND DISPOSITION AGREEMENT -OAK STREET REDEVELOPMENT PROJECT NYR- 197 - LANGSTON HUGHES INSTITUTE INC. - REDEVELOPER 33 HIGH, 963 AND 969 WASHINGTON ST. (ITEM NO 110,CCP, MAY 11,2010) That the above item be and the same is returned to the Common Council without recommendation. RECOMMENDED BY THE COMMITTEE ON COMMUNITY DEVELOPMENT. Chairman Michael J. LoCurto A public hearing has been set, before the Common Council, at this regularly scheduled meeting, on the above item, and a Notice of same has been published in the Buffalo News, a copy of which is attached hereto. On a motion by Mr. Fontana seconded by Mr. Haynes, the item is properly before the Common Council, and the hearing is opened. CARRIED. Appearances - Mr. Hill, Rita Robinson, Peggy Agagh, Betty Jean Grant, Barbara Dennis, Eva Doyle, Dawn Wells, Solomon Sr., Leslie Haynes, Mary Amaj arna, Dr. Haynes, Jr. Mr. Fontana now moved that the hearing be closed. Seconded by Mr. Smith CARRIED. Approval to Waive Certain Conditions in Land Disposition Agreement - Oak Street Redevelopment Project NYR -197 - Langston Hughes Institute, Inc. — Redeveloper 33 High, 963 and 969 Washington Street (Item No. 110, C.C.P., May 11, 2010) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. LoCurto moved: That after a public hearing on May 25, 2010, the conditions of the Land Disposition Agreement that require improvements to the parking lot owned by Langston Hughes Institute, Inc. are hereby waived in order to facilitate the transfer of the real property; and That the Mayor, the Chairman, Vice - Chairman, or any officer of the Buffalo Urban Renewal Agency is hereby authorized to execute any and all documents necessary to effectuate said waiver. PASSED AYES -9 NOES -0 NO 85 APPROVAL TO WAIVE CERTAIN CONDITIONS IN LAND DISPOSITION AGREEMENT - OAK STREET REDEVELOPMENT PROJECT NYR -197- LANGSTON HUGHES INSTITUTE, INC. - REDEVELOPER 33 HIGH, 963 AND 969 WASHINGTON STREET (BURR) (ITEM NO. 46, C.C.P., MAY 11, 2010) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. LoCurto moved: That the above - mentioned item be and the same is hereby received and filed. ADOPTED NO 86 SEQR - LANGSTON HUGHES INSTITUTE, INC. - LDA WAIVER (ITEM NO. 47, C.C.P., MAY 11, 2010) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. LoCurto moved: That pursuit to the New York State Environmental Quality Review Act (SEAR) Part 617 6NYCRR, Article 8, the Buffalo Urban Renewal Agency's Negative Declaration for the Langston Hughes Institute LDA Waiver for 963 and 969 Washington Street is hereby accepted concurrently adopted by the Common Council. ADOPTED NO 87 LANGSTON HUGHES INSTITUTE, INC. - LDA WAIVER (ITEM NO. 107, C.C.P., MAY 11, 2010) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. LoCurto moved: That the above - mentioned item be and the same is hereby received and filed. ADOPTED NO 88 CAM IROS-SUSTAINABILITY AUDITS FOR RESPONSIBLE ZONING ( #56, 5/11) That the above item be the same and hereby is Received and Filed. ADOPTED NO 89 CAMIROS -INFO LAND USE PLANNING AND NEW ZONING ORDINANCES ( #57, 5/11) That the above item be the same and hereby is Received and Filed. ADOPTED LEGISLATION (JOSEPH GOLOMBEK JR., CHAIRMAN) NO 90 D. SILVERSTEIN, PETITION TO USE 220 ALLEN - ALTERATION FOR EXISTING RESTAURANT AND CREATE OUTDOOR CARE (ITEM NO. 77, C.C.P., MAY 11, 2010) That after the public heating before the Committee on Legislation on May 18, 2010, the petition of D. Silverstein, owner, for permission to use 220 Allen for a 6' x 6' sidewalk patio to the front of the restaurant be, and hereby is approved. PASSED AYES -9 NOES -0 NO 91 P. FADALE, PETITION TO USE 2303 DELAWARE FOR A GROUND SIGN (ITEM NO. 78, C.C.P., MAY 11, 2010) That after the petition of P. Fadale, agent, for permission to use 2303 Delaware Avenue for a ground sign to be 6 ft. in height with landscaping at the base, and hereby is approved with conditions as set by the City Planning Board PASSED W /COND AYES -9 NOES -0 NO 92 APPOINTMENT OF COMMISSIONER OF FIRE (ITEM NO. 1, C.C.P., MAY 11, 2010) That the appointment of Garnell Whitfield, Jr., as the Commissioner of Fire, be and hereby is approved. PASSED AYES -9 NOES -0 NO 93 FOOD STORE LICENSE- 127 GRANT (ITEM NO. 36, C.C.P., MAY 11, 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 William Mackiewicz located at 127 Grant d /b /a Frontier Beverage. PASSED AYES -9 NOES -0 NO 94 FOOD STORE LICENSE- 188 GRANT (ITEM NO. 37, C.C.P., MAY 11, 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 Abdikabir Hassan located at 188 Grant d /b /a Marka Halal Market. PASSED AYES -9 NOES -0 NO 95 FOOD STORE LICENSE - 900 MAIN (ITEM NO. 38, C.C.P., MAY 11, 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 Hana Aljabri located at 900 Main Street d /b /a Rush Hour. PASSED AYES -9 NOES -0 NO 96 SECOND HAND DEALER- 1396 HEGEL AVENUE (ITEM NO. 43, C.C.P., MAY 11, 2010) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Golombek moved: That 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 Anna Kaplan located at 1396 Hertel Avenue d /b /a Sempre Vintage Clothing & Accessories. PASSED AYES -9 NOES -0 NO 97 M. ROMANOWSKI - KALEIDA HEALTH - PETITION TO AMEND FRUIT BELT URBAN RENEWAL AREA BOUNDARY (ITEM NO. 71, C.C.P., MAY 11, 2010) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Golombek moved: That the above item be recommitted to the Committee on Legislation ADOPTED NO 98 CALLING FOR THE CREATION OF A STREETS COORDINATOR (ITEM NO. 116, C.C.P., MAY 11, 2010) That the Common Council calls for the creation of a new Complete Streets Coordinator, to be shared by the Office of Strategic Planning and the Department of Public Works, whose task will be comprehensive citywide planning, implementation of the City's Complete Streets Policy and regular interaction and reporting to the Bicycle and Pedestrian Advisory Board; and That the City Clerk sends a certified copy of this resolution to the Office of Mayor Byron W. Brown, the Mayor's Office of Strategic Planning, the Department of Public Works, and the Greater Buffalo Niagara Regional Transportation Council. ADOPTED NO 99 L. FLERON -BFLO LIVING WAGE COMM REG OLMSTED PKS CONSERV EXEMPTIONS ( #62, 3/30) That the above item be the same and hereby is Received and Filed. ADOPTED NO 100 A. COPPOLA- ZONING BOARD DETERMINATION FOR PURCHASE OF 762 COLUMBUS PKWY (NIA) ( #32, 6/12) That the above item be the same and hereby is Received and Filed. ADOPTED RESOLUTIONS NO 101 COUNCILMEMBER RICHARD A. FONTANA SET PUBLIC HEARING ABANDONMENT AND SALE OF CINCINNATI STREET TO BUFFALO RIVERFEST, LLC Whereas: The City of Buffalo, Office of Strategic Planning, Division of Real Estate has received a request from Buffalo Riverfest, LLC to purchase Cincinnati Street; and Whereas: The abandonment and sale has been submitted to the Common Council for approval in accordance with Article 27 -5 of the City Charter, pending a Public Hearing; and Whereas: Chapter 21 of the Consolidated Laws, Article 3 Official Maps and Planning Boards, Section 29 Official Map Changes requires a five day notice of a public hearing with reference to such change in the official map shall be published at least once in an official publication of said city or in a newspaper of general circulation therein. NOW, THEREFORE, BE IT RESOLVED: That the City Clerk is hereby directed to publish the notice attached hereto and marked "Notice of Hearing" in the Buffalo News, no later than the day of May 28 2010. Be it further resolved: That this Common Council will conduct a Public Hearing on the matter stated in said "Notice of Hearing" at 2:00 P.M. in the Council Chambers on the 8'' of June 2010. ADOPTED NO 102 BY: MR. GOLOMBEK GRANT PERMISSION FOR BUFFALO CITYBRATION TO HANG A BANNER ON ELMWOOD AVENUE Whereas: Buffalo Citybration will be holding their 5 th annual celebration of Buffalo this year from June 24 -27, 2010; and Whereas: Citybration is a four -day experience designed to showcase the City's many assets, highlight the opportunities here and celebrate Buffalo's many successes; and Whereas: This unique event aims to help keep our best and brightest here, encourage those who have left to come back, and to attract professionals, entrepreneurs, and businesses to the region; and Whereas: To encourage residents to participate in the event and to promote this celebration of Buffalo, the committee would like to hang a banner across Elmwood Avenue at Lancaster Avenue; and Whereas: Buffalo Citybration would like to hang the banner from May 27, 2010 until June 27, 2010; and Whereas: Buffalo Citybration has been in contact with the City of Buffalo's Department of Public Works and understands all the requirements necessary for proper installation of the banner; Now, Therefore, Be It Resolved: That the City of Buffalo hereby grants permission to Buffalo Citybration to hang a banner on Elmwood Avenue at Lancaster Avenue, from May 27, 2010 until June 27, 2010; and Now, Therefore, Be It Further Resolved: That the banner be hung in accordance with all conditions, restrictions, and requirements as set forth by the City of Buffalo and the Department of Public Works, Parks and Streets. ADOPTED NO 103 BY: CURTIS HAYNES, JR. TRAILBLAZING SIGN IN HONOR OF CLEATRICE SEVILLIAN HINSHAW Whereas, Trailblazing Signs, otherwise known as honorary street names, are generally assigned m honor and commemorate noteworthy persons associated with the City of Buffalo; and Whereas, The Common Council has received a request for a Trailblazing Sign to honor Cleatrice Sevillian Hinshaw; and Whereas, Cleatrice Sevillian Hinshaw began her career at Niagara Mohawk as a mail girl, went on to earn a promotion to the position of Customer Service Telephone Supervisor, and upon successful completion of the Management Development Program at the Clarkson College of Technology was named to a management position as Supervisor of the Customer Service Department; and Whereas, Over the course of her career, Cleatrice Sevillian Hinshaw broke down numerous cultural barriers at Niagara Mohawk, becoming the first African American woman to be hired by the company as well as being the first African American Supervisor to retire, and earned recognition on the "Who's Who in America in Niagara Mohawk" list; and Whereas, An honorary sign is desired to commemorate Cleatrice Sevillian Hinshaw as a noteworthy person on Laurel Street between Jefferson Avenue and Main Street in the Ellicott District; and Whereas, A Trailblazing Sign would be an appropriate honor for Cleatrice Sevillian Hinshaw in recognition of her lifetime of service to her community and culturally significant professional achievements. Cleatrice Sevillian Hinshaw continues to serve as a role model to her friends, family and all that have been privileged to know her. Now, Therefore, Be It Resolved, That the Common Council of the City of Buffalo hereby approves the installation of Trailblazing Signage proclaiming the portion of Laurel Street between Jefferson Avenue and Main Street in the Ellicott District as CLEATRICE SEVILLIAN HINSHAW WAY;" and Be It Further Resolved, That the Department of Public Works, Parks and Streets is directed to erect the signs to this effect once all fees associated with the posting of the Trailblazing Signs have been satisfied. Ellicott District Council Member PASSED AYES -9 NOES -0 NO 104 BY: COUNCIL MEMBER MICHAEL P KEARNS DISCH FINANCE CCP #8,6/11/2010 GRANT FUNDING ACCEPTANCE /PROC /UTIL /CONTRACT APP - HOUSING CORP "Item 1- Grant Funding Aeceptance /Proc /Util /Contract App- Housing Corp(Stat Plan)" Whereas: The above item is currently in the Finance Committee; and Whereas: It is no longer necessary for this item to be considered by that committee; Now, Therefore Be It Resolved: That this Common Council does hereby discharge the Finance Committee from further consideration of Item "'Item 1- Grant Funding Acceptance /Proc /Util /Contract App- Housing Corp(Stat Plan)" and said item is now before the Common Council for its consideration." Mr. Fontana moved That the Common Council herby accepts the following grants (1) $400,000 Affordable Housing Corporation Grant (DAHC -1 Grant) (2) $1,152,000 Affordable Housing Corporation Grant (AHC -2 Grant) and re- commits the other grants to the Finance Committee for further consideration. With respect to the accept grants the Mayor is authorized to execute the necessary grant funding agreements and other City personnel is authorized to take all other necessary steps in the administration thereof. ADOPT D/C APP 1 ST & 2 "D SUB -3 & 4 TO FIN AYES -9 NOES -0 NO 105 BY: MR. KEARNS GRANT PERMISSION TO THE SENECA STREET CAR SHOW ASSOCIATION TO HANG BANNER ON SENECA STREET Whereas: The Seneca Street Car Show Association will be holding their second annual South Buffalo Car Show on August 8, 2010; and Whereas: The car show will take place along Seneca Street and will feature classic and antique cars, as well as music, raffles and other activities for all to enjoy; and Whereas: In order to promote this special event, representatives from the Seneca Street Car Show Association are seeking permission to hand and informational banner across Seneca St., at light pole 2131 and 2136; from July 9, 2010 through August 10, 2010; and Whereas: The City of Buffalo proudly supports the Seneca Street Car Show Association and their efforts to promote Seneca Street and the South Buffalo Community; Now, Therefore, Be It Resolved: That the Common Council of the City of Buffalo grants permission to the Seneca Street car Show Association to hang an informational banner across Seneca Street to promote the Seneca Street Car Show; and Be It Further Resolved: That the banner will hang across Seneca Street, at light pole number 2131 and 2136, from July 9, 2010 through August 10, 2010; and Be It Finally Resolved: That said banners must meet all requirements of pertinent city departments and that no existing laws are violated. ADOPTED NO. 106 SPONSOR: MR. KEARNS PUT CIVIL SERVICE APPLICATIONS ONLINE AND ALLOW APPLICATIONS TO BE SUBMITTED ELECTRONICALLY Whereas In New York State, competitive civil service examinations provide a way to ensure that appointments to municipal public service jobs are based on merit; and Whereas The Civil Service Department of the City of Buffalo posts announcements for competitive exams and advertises openings through postings at City Hail, community centers and various other public places throughout the city. A list of available jobs is also published on the City of Buffalo homepage; and Whereas However, the only way to get a civil service application or to apply for an opening is to appear in person at the Civil Service office or by mailing a self addressed and stamped envelope with a written request; and Whereas Some municipalities, including New York City, Rochester and Erie County, allow candidates to print applications on line. Applicants can simply fill out and file their paperwork online and have it submitted electronically; Whereas The ability to apply and file applications online would make it easier and more convenient for people applying for civil service employment and likely result in a larger pool of prospective candidates for City of Buffalo job openings; Now, Therefore be it Resolved That: The Common Council of the City of Buffalo requests the Department of Civil Service and MIS to look into putting Civil Service employment applications online, and allowing prospective candidates to apply online; and Be it Further Resolved That: This resolution is referred to the Civil Service Department and MIS for their comments and recommendations; and Be it Finally Resolved That: This item is referred to the appropriate Committee of the Council for further discussion and consideration. ADOPT 1 ST AND 2 ND RESOLVE REFER THE REMAINDER TO CIVIL SERVICE NO. 107 SPONSOR: MR. LOCURTO RE: ECONOMIC DEVELOPMENT IN THE CITY OF BUFFALO Whereas: The Common Council of the City of Buffalo is considering a reorganization of the Department of Economic Development, Permit and Inspection Services, the third reorganization in recent years; and Whereas In order for the City of Buffalo maintain a healthy business environment and remain competitive at a regional and national level, robust economic development efforts must be pursued; and Whereas Activities of the Buffalo Economic Renaissance Corporation (BERC) have been suspended; and Whereas Since the suspension of activities at BERC, council offices have received a number of inquiries from current and prospective business owners asking where they should turn for financial assistance; and Whereas Recommendations have been solicited from a panel of economic development specialists, and the nature of these recommendations is unclear, as is whether or not they have been followed; Now, Therefore, be it Resolved: That the Common Council of the City of Buffalo be presented with an economic development plan for the City of Buffalo; and Now, Therefore, be it Finally Resolved: That a copy of this communication be sent to the Office of Strategic Planning and the Department of Administration and Finance. ADOPT RESOLVES, REFER REMAINDER TO THE COMMITTEE ON COMMUNITY DEVELOPMENT BY MR. SMITH NO. 108 FELICITATIONS /IN MEMORIAM Attached hereto are Felicitation and In Memoriam Resolutions sponsored by Members of the Common Council as indicated: Felicitation for Mount Zion Church By Councilmembers Russell & Smith ADOPTED NO. 109 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 Amy M. Sorrentino Kim M. Mecca Joseph A. LaBarbara Scott W. Quider Robert Reynolds, Jr. Emily Trimper Thomas Aiken TOTAL7 ADOPTED NO. 110 BY: DEMONEA SMITH APPOINTMENTS COMMISSIONER OF DEEDS That the following persons are hereby appointed as Commissioner of Deeds for the term ending December 31, 2010, conditional, upon the person so appointed certifying under oath to their qualifications and filing same with the City Clerk: • Nicholas A. Daloise, Jr. • Linda D. Walker • Robert B. Wilson • Sonn M. Bragg • Ken Houston • Fabiola E. Friot • William M. Nowak • Davia A. Distant • Ann Marie Sinatra • Barbara Banks • Melanie Shorey • Fritzgerald Tondreau • Danielle N. Judge- Johnson • Elizabeth A. Smith • Madeline Rodriguez • Mark J. Boyd • Kathleen A. Byrne • Lisa Elliott • Ann Marie Mancuso • Kyle J. Kelthy • Cinde Steese • Mary Anne Nawrocki • David C. Buxton • Paul E. Thibault • John F. Otto, Jr. • Rachael E. Homewood • Justin Steinwandel • Jeffrey M. Conrad • Joseph Malczewski • Peter Scarcello • John Carrow • Paul Crowley • Matthew W. Barrett • Raymond Whalen • Mark Blake • William Malczewski • Shannon Bloomquist • Joseph R. O'Neil • Timothy J. Whalen • Timothy M. Kennedy • Thomas P. Mancini • Wayne C. Cashion • Shawn Esford • John Kennedy • Kurt Heffle, Jr. • Kevin M. Lafferty • James A. McLeod • Timothy Maggio • Glenda Humphrey • Angie Gray • Sam Smith • Dian E. Cole • Ronette Wood • Lynette Walker • Shawn A. Lavin • James Giles • Theresa Smeltzer Total 57 ADOPTED UNFINISHED BUSINESS NO. 111 K. FRIZLEN, OWNER, REZONE 301,305,311 WEST UTICA FOR MULTI FAMILY HOUSING, (NIA)(HRG 5/19) CCP# 102, 3/17/2009 CCP# 105, 98/1 Mr. Fontana now moves that the above item be Taken from the Table Seconded By Mr. Rivera CARRIED Mr. Fontana now moved to receive and file above item, seconded by Mr. Rivera ADOPTED NO. 112 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, June 1, 2010 at 9:45 o'clock A.M Committee on Finance following Civil Service Tuesday, June 1, at 10:00 o'clock A.M. Committee on Comm. Dev. Tuesday, June 1, 2010 at 1:00 o'clock P.M. Committee on Legislation Tuesday, June 1, 2010 at 2:00 o'clock P.M. Committee on Claims Wednesday, June 2, 2010 at 11:00 o'clock A.M. Special Committees Committee on Education Wednesday, June 2, 2010 at 2:00 o'clock PM (Public Disclaimer): All meetinas are subiect to chanae and cancellation by the respective Chairmen of Council Committees. In the event that there is sufficient time aiven for notification. it will be provided. In addition. there may be meetinas set uD wherebv the Citv Clerk's Office is not made aware: therefore. unless we receive notice from the respective Chairmen. we can only make notification of what we are made aware. NO. 113 ADJOURNMENT On a motion by Mr. Fontana, Seconded by Mr. Smith the Council adjourned at 3:20 PM GERALD CHWALINSKI CITY CLERK Board of Police and Fire Pension Proceedings #5 Office of the Mayor -201 City Hall May 20, 2010 Present: 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 far the Fire Pension Fund for the months of May 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 May 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.