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Home My WebLink About10-0706 (2)NO. 14 PROCEEDINGS OF THE CITY OF BUFFALO JULY 6, 2010 MAYOR Hon. Byron W. Brown COMPTROLLER Andrew Sanfilippo COMMON COUNCIL PRESIDENT OF THE COUNCIL FILLMORE DISTRICT DAVID A. FRANCZYK PRESIDENT PRO TEMPORE NIAGARA DISTRICT DAVID A. RIVERA MAJORITY LEADER LOVEJOY DISTRICT RICHARD A. FONTANA DISTRICT COUNCIL MEMBERS CURTIS HAYES JR - ELLICOTT DEMONE A. SMITH — MASTEN MICHAEL J. LO CURTO — DELAWARE JOSEPH GOLOMBEK JR. — NORTH DAVID A. RIVERA- NIAGARA BONNIE C. RUSSELL - UNIVERSITY REGULAR COMMITTEES CIVIL SERVICE COMMITTEE: Bonnie E. Russell Chairman, Michael P. Kearns, Richard A. Fontana, Curtis Haynes Jr., David A. Rivera - Members CLAIMS COMMITTEE: David A. Rivera Chairman, Richard A. Fontana, Michael P. Kearns, Bonnie E. Russell - Members COMMUNITY DEVELOPMENT COMMITTEE: Michael LoCurto, Chairman, Richard A. Fontana, Joseph Golombek Jr., David A. Rivera, Demone Smith - Members FINANCE COMMITTEE: Michael P. Kearns, Chairman, Curtis Haynes Jr., Michael J. LoCurto, David A. Rivera, Bonnie E. Russell - Members. LEGISLATION COMMITTEE: Joseph Golombek Jr., Chairman, Richard A. Fontana, Curtis Haynes Jr., Michael LoCurto, David Rivera - Members. RULES COMMITTEE: David A. Franczyk, Chairman, Richard A. Fontana, David A. Rivera - Members 1-11:2 *] / e 1 S e i e L� i h� i 111 i 9 4 *1 Members BUDGET COMMITTEE: Richard A. Fontana, Chairman, Michael P. Kearns, Michael J. LoCurto, Bonnie E. Russell - EDUCATION COMMITTEE: Demone Smith, Chairman, Richard A. Fontana, Curtis Haynes Jr.- Members MINORITY BUSINESS ENTERPRISE COMMITTEE: Demone Smith Chairman, Richard A. Fontana, Joseph Golombek Jr., Curtis Haynes Jr. — Members PARKS OVERSIGHT: Demone A. Smith, Chairman, Richard A. Fontana, Curtis Haynes Jr., Michael P. Kearns, Michael J. LoCurto - Members POLICE OVERSIGHT: Richard A. Fontana, Chairman, Curtis Haynes Jr., Michael P. Kearns, David A. Rivera, Bonnie E. Russell, Demone Smith — Members Members PUBLIC TRANSPORTATION: Michael P. Kearns, Chairman, Richard A. Fontana, Michael J. LoCurto, David A. Rivera - WATERFRONT DEVELOPMENT COMMITTEE: Michael P. Kearns, Chairman, Joseph Golombek, Jr, Michael J. LoCurto, David A. Rivera, members CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO TUESDAY, JULY 6, 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 June 22, 2010 were approved. INVOCATION PLEDGE TO FLAG DATE Julv 6, 2010 * *FINAL ** MAYOR 1. Appointment of Commissioner of Police(Derenda) LEG 2. Appointment of Corporation Counsel(Rodriguez) LEG 3- 2A Appointment- Commissioner of Parkina LEG MAYOR - EXECUTIVE 4- 3. Plan Bd -Neg Declaration -346 Connecticut St(Nia) R &F 5- 4. Plan Bd -Neg Declaration- 916 -918 Main St(Nia) R &F 6- 5. Plan Bd -Neg Declaration- 194 -196 Maple St(Ell) R &F 7- 6. Plan Bd -SEQRA -Neg Declaration -2497 Delaware(Del) R &F 8- 7. Plan Bd- SEQRA- Neg Declaration -2677 Delaware(Del) R &F 9- 8. Strat Plan- Report of Sale 1127 Broadway(Fill) APP 10- 9. Strat Plan- Report of Sale 67 Goembel(Fill) APP COMPTROLLER 11- 10. Capital Debt Service Fund Deposits- 2010 -2011 FY R &F 12- 11. Cert of Determination -GI Serial Bonds 2010A & School Serial Bonds 2010B APP 13- 11A J. Makowski - Request Independent Audit - Marine Dr Apts CD PUBLIC WORKS 14- 12. Change in Contract - Franczyk Park Environmental Remediation(Fill) APP 15- 13. Change in Contract - Hickory Woods Infrastructure(South) APP 16- 14. Change in Contract Overlay of City Streets APP 17- 15. Name Proposal -New Street Bflo Lakeside Commerce Park LEG 18- 16. Perm to Engage Services Consulting Engineer Colonial Ward Treatment Plant APP 19- 17. Perm to Increase Contract - Wendel Duchscherer APP 20- 18. Report of Bids -Curb & Sidewalk Replacement -City Owned Ramps APP 21- 19. Report of Bids - LaSalle Park(Ell) APP 22- 20. Report of Bids MLK Jr. Park Humboldt Basin Splash Park(Masten) APP 23- 20A Renewable Energy and Energy Upgrades City Facilities FIN CORPORATION COUNSEL 24- 21. BRACO- Request Refund - Excess Real Property Taxes - 2009 -2010 APP 25- 22. Expedited Settlement Approval - Bailey vs COB APP PERMITS AND INSPECTIONS 26- 23. Food Store License (New) 72 E. Amherst(Masten) LEG 27- 24. Food Store License)New) -394 W. Ferry(Nia) APP 28- 25. Food Store License (New) -67 Hertel(North) APP W /COND 29- 26. Food Store License(New) -322 Northland (Masten) LEG 30- 27. Restaurant Dance License(Renewal) -445 Delaware(Ell) APP 31- 28. Restaurant Dance License(Renewal) 110 Pearl St (Ell) APP 32- 29. Second Hand Dealer -819 E. Ferry(Masten) LEG 33- 30. Second Hand Dealer -357 Vermont(Nia) APP 34- 31. Used Car Dealer -1275 Bailey(Lov) APP 35- 32. Appt Comm of Permits & Inspec Services(Exempt)(Comerford, Jr.) CS 36- 33. Appt Sr. Special Assist to Comm of EDPIS(Exempt)(Marcy) CS ADMINISTRATION AND FINANCE 37- 34. Disposal of Vehicles APP 38- 35. Sale of Scrap Metal FIN HUMAN RESOURCES 39- 36. Appt Compensation & Benefits & Special ist (Prov)(Interm)(Machin) CS CIVIL SERVICE COMMISSION 40- 37. Request to Enter Contract -1 /0 Solutions -Entry Level Police Officer APP HOUSING AUTHORITY 41- 38. Agmnt Btwn BMHA and Local 17's, International Union of Oper Eng APP CITY CLERK 42- 39. Items returned by Mayor without Approval /Disapproval R &F 43- 40. Leaves of Absence R &F 44- 41. Reports of Attendance R &F 45- 42. Notices of Appointments - Council Interns ADOPT 46- 43. Notices of Appointment - Seasonal R &F 47- 43A Notices of Appointments - Seasonal R &F 48- 44. Notices of Appointments- Temp /Prov /Perm CS MISCELLANEOUS 49- 45. Bflo Olmsted Parks Conservancy Honors to Founders R &F 50- 46. K.M.Cummings- Remarks Responsible Tobacco Retailing Act LEG 51- 47. R. Fontana - Article- Concerns of Hydraulic Fracturing in NYS LEG 52- 48. GBNRTC- Notice of Meeting 7/7/2010 R &F 53- 49. J. Golombek- Concerns Purchase Orders FIN 54- 50 C. Lewis - Concerns Chit Chat Club LEG 55- 51. M. LoCurto -Req Accounting of Monies Allocated by CC to BERC's Care, Sign or Other Programs CD 56- 52. NYSDEC - Opportunity to Comment on Proposal to Clean Up Ameron Site R &F 57- 53. NYSDEC- Inactive Haz Waste Disposal Site Class. Notice -Bflo Outer Harbor R &F 58- 54. NYSDEC - Reports on Environmental Investigation Former Bflo China Site R &F PETITIONS 59- 55. T. Alnaji, Agent, Use 958 East Ferry for A Pole Sign(Masten)(no pub hrg) LEG,CPBD 60- 56. J. Voaruez & Others -Req NYS Liquor Auth to revoke License Club Chit Chat -1048 Clinton St(Fill) LEG RESOLUTIONS 93- 57. Fontana Dangers of Hydraulic Fracturing in New York State ADOPT 94- 58. Fontana Exploring New Ways to Deal with Bflo's Problem Property Crisis ADOPT RES REM TO LEG 95- 58A Fontana, etc Ordinance Amendment -Ch 511 Zoning LEG 96- 59. Golombek Trailblazing Sign Request for CPL. Bernard G. Hitro Jr. ADOPT 97- 60. Golombek Trailblazing Sign Request for Sgt. Frank J. A. World ADOPT 98- 61. LoCurto 2010 Greater Bflo Italian Heritage and Food Festival APP 99- 62. Russell Strengthening Problem Property Enforc. By Amending Ch 341 of the City Code ADOPT RES REM TO LEG 100- 63. Smith Comm of Deeds Public Duties ADOPT SUBMISSION LIST OF COMMITTEE ITEMS FOR THE COUNCIL MEETINGS CIVIL SERVICE 61- 1. Com 15 June 22 Appt Senior Accountant (Prov)(2 Step)(Wachowski)(Compt) APP 62- 2. Com 29 June 22 Appt Assistant Wtr Distribution Superintendent(Perm)(Inter) (Wolasz Jr.)(PW) APP 63- 3. Com 42 June 22 Notices of Appointments- Temp /Prov /Perm(Cty Clk) R &F FINANCE 64- 4. Com 6 June 22 Approve Lease Agmt Btwn COB and NBCC(Strat Plan) RECOMMIT 65- 5. Com 20 June 22 Lowering City Energy Costs - Fluorescent Lightina R &F 66- 6. Com 21 June 22 Perm to Engage Services- Consulting Eng.- Groundwater Mon itoring(North)(PW) APP 67- 7. Com 31 June 22 Claims Committee Agenda(CC) APP 68- 8. Com 36 June 22 Interfund Cash Loan(A &F) APP 69- 9. No 52 June 22 M. Kearns - Article- Grants & Financial Incentives Available To Upgrade Solid Waste Fleet RECOMMIT 70- 10. Res 100 June 22 Budget & Personnel Amendment -Dept of Law APP 71- 11. Res 101 June 22 Budget & Personnel Amendment -Strat Plan APP 72- 12. No 72 June 22 Approval of Contract With BMHA(CC)( #45,6/8) RECOMMIT 73- 13. Res 74 Feb 16 City Owned Building Evaluation and Remediation (Exec 1 st & 2 nd res) R &F 74- 14. Res 93 Jan 19 Lowering City Energy Costs by Switching Over to Compact Fluorescent Lighting(exec 1 st & 2 nd Res) R &F 75- 15. Com 12 Sept 1 Report of Sale -136 Best, 65 Edna, 1152 Michigan, 138 Best and 69 Edna(EII)(Strat Plan) APP COMMUNITY DEVELOPMENT 76- 16. No 49 June 22 D. Elfner -NYS Dept of Pub. Serv. "Energy Efficiency: Use Less Energy Save Green" Public Awareness Campaign R &F 77- 17. No 60 June 22 D. Smith -Bflo School Parents Recommend Changes for Suspension Policv ED 78- 18. No 42 Feb 2 B. O'Grady -Resp Bank of America Closing Broadway Branch R &F 79- 19. No 47 Oct 27 M. LoCurto- Comments Canal Side Draft Env Impact Statement R &F 80- 20. No 56 Feb 17 D. Smith -F. Lucca -Req Approval of Environmental Impact StatementR &F LEGISLATION 81- 21. No 61 June 22 P. Tsoufliois, Owner, Use 708 Elmwood -To Alter Fagade of Building and Rebuilding Existing Outdoor Cafe(Del)(PUb Hrg 6/29) APP 82- 22. No 62 June 22 T. Flynn, Agent, Use 1175 William for a Ground Sign(Fill)(no pub hrg)_APP 83- 23. Com 54 June 8 Req Approval Buffalo Landmark Designation 85 -89, 91 -95, 97, 99, 101 -103, 105 -107, 109, 111, 113 -125 Genesee St. (EII)(pub hrg 6 /29)_APP 84- 24. No 62 Feb 2 Ellicott St Gateway Project -Two Additional Potential Parcels (Ell) (PW)( #11, 1/19) R &F 85- 25. Com 47 June 8 Food Store License (New) -1350 Fillmore (Mas)(EDPI) RECOMMIT 86- 26. No 70 Mar 16 Food Store License(New)1426 Fillmore(Mas) (EDPI)( #12,3/2) RECOMMIT 87- 27. No 43 Dec 22 L. Kostek- Various Letters Opposing 294 -298 Hudson St R &F 88- 28. No 61 Dec 22 L. Kostek- Neighbors Concerns-" Baker Commons" 294 -302 Hudson St( #41,11/24) R &F 89- 29. No 51 Dec 8 D. Rivera - Paperwork Needed for Council App. Acquisition 294 -302 Hudson R &F 90- 30. No 52 Dec 8 S. Simeon -Req Assistance to Finalize Acquisition of 294 -302 Hudson R &F 91- 31. Res 106 Feb 2 Licensing of Retailers That Sell Tobacco Products APP 92- 32. No 59 Nov 24 E. Mauro, Agent, Use 928 Broadway -Alter 1 Story Masonry to HSF (Fill)(no pub hrg) R &F FROM THE MAYOR NO. 1 APPOINTMENT - COMMISSIONER OF POLICE Pursuant to §13 -2 of the Charter of the City of Buffalo, I hereby appoint Daniel Derenda, 12 Dover Street, Buffalo, New York, 14212 to the position of Commissioner of Police. Mr. Derenda has been serving as Interim Police Commissioner and most previously served as Deputy Police Commissioner. Mr. Derenda has 24 years of experience in the Buffalo Police Department. Mr. Derenda has served with distinction and is well qualified to discharge the duties of Commissioner of Police. I respectfully request Your Honorable Body confirm Mr. Derenda as the Commissioner of Police at your earliest opportunity. REFERRED TO THE COMMITTEE ON LEGISLATION. NO. 2 APPOINTMENT CORPORATION COUNSEL Pursuant to §12 -1 of the Charter of the City of Buffalo, I hereby appoint David Rodriguez, 36 Dorchester, Buffalo, New York, 14222 to the position of Corporation Counsel. Mr. Rodriguez has been serving as Acting Corporation Counsel for the last 13 months and previously as Senior Deputy Corporation Counsel. Mr. Rodriguez has served with distinction and is well qualified to discharge the duties of Corporation Counsel. I respectfully request Your Honorable Body to confirm David Rodriguez as Corporation Counsel at your earliest opportunity. REFERRED TO THE COMMITTEE ON LEGISLATION. NO. 3 APPOINTMENT - COMMISSIONER OF PARKING Pursuant to § §307.1- 307 -15.2 of the City Code, I hereby appoint Kevin J. Heifer, 71 Radcliffe Road, Buffalo, New York, 14214 to the position of Commissioner of the Department of Parking. Mr. Heifer has served as Executive Director of Buffalo Civic Auto Ramps, Inc. since October 2004. Prior to that he served as Commissioner of the Department of Social Services and Director of Contract Compliance, Coordinating Council on Children and Families for Erie County. From 1994 -1999, Mr. Heifer served as Councilmember representing the University District. Mr. Heifer is well qualified to discharge the duties of Commissioner of Parking. I respectfully request Your Honorable Body confirm Kevin J. Heifer as the Commissioner of Parking at your earliest opportunity. REFERRED TO THE COMMITTEE ON LEGISLATION. FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE CITY PLANNING BOARD NO.4 NEGATIVE DECLARATION NOTICE OF DETERMINATION OF NON- SIGNIFICANCE This notice is issued pursuant to Part 617 of the implementing regulations pertaining to the New York State Environmental Quality Review Act (SEAR), Article 8 of the New York State Environmental Conservation Law. 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 Horsefeather Market & Residence Location 346 Connecticut Street Type of Action: Type I - Coordinated Description: The Frizlen Group, Karl Frizlen Architect, is proposing the rehabilitation of the former Horsefeather building located at 346 Connecticut Street, buffalo New York. The project will convert a five story historic warehouse building, built in 1896 into a state of the art energy efficient green building with commercial and residential units. The building has not been used to its full potential for twenty plus years. This project will benefit the surrounding community by bringing the building use to its full potential by adding a Local Foods market including small scale retail and wholesale food preparation facilities, sixteen loft style apartments and a surface lot next to the building. It is anticipated that the first floor will include a fresh dairy bar, coffee roaster, bakery a small dell style kitchen and a Pasta manufacturing area. The basement area will also include various other food vendors. The building restoration is being reviewed and monitored by The New York State Office of Parks and Recreations (SHPO) is an interested agency as the owner has applied for Historic Tax Credits. The Department of Public Works is also reviewing an encroachment into the right of way for a stair tower (fire escape). Office space will be added to one or two floors of the building. The councilmember as well as any neighboring property owners are in support of this project as they anticipate that this proposed project will benefit their businesses and the surrounding community. —.s 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 proposed renovation will allow for the renovation of an important building on Connecticut Street helping stabilize the businesses and community surrounding the building. —t is anticipated that 30 -40 jobs will be created as a result of this project moving forward. The identified potential negative impacts appear to be primarily short -term site preparation and construction related activities, and do not appear to be significant in magnitude or effect. There are no actions, which will have a significant adverse impact on the environment. For further information relative to this Negative Declaration, contact Mr. Martin Grunzweig, Land Use Controls Coordinator, Room 901 City Hall, Buffalo, New York 14202 -716 851 -5085. RECEIVED AND FILED NO. 5 NEGATIVE DECLARATION NOTICE OF DETERMINATION OF NON- SIGNIFICANCE This notice is issued pursuant to Part 617 of the implementing regulations pertaining to the New York State Environmental Quality Review Act (SEAR), Article 8 of the New York State Environmental Conservation Law. Lead Agency: City Planning Board 901 City Hall 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 Proposed Partial Demolition and Stabilization of 918 -920 Main St. Location 916 -918 Main Street Type of Action: Coordinated Type 1 Description: Steven J. Carmina of Carmina Wood Morris, PC is proposing the partial demolition of the existing 918 Main Street structure, which would allow for the complete reconstruction of the interior superstructure, including the 2" 3 rd and 4 h Floor Column Grid, Main Structural Components, Floor Joists and Decking. The project further includes the Restoration of all Wall Bearing Masonry supporting the Floor and Roof structure and parapets and the installation of a new structural roof system and insulated roof deck to support a single ply membrane roofing system. Once the interior structural reconstruction is completed and the building sold to Greenleaf Development, !3 loft apartments will be constructed on floors 2 -3 in the 916 Main Street Building and 2 -4 of the 918 Main Street Building. Additionally, new exit stairways will be constructed in the 916 Building to accommodate egress from all floors and an elevator will be installed in the 918 Building to provide access to all floors. The First Floor will be comprised of a main lobby for the residential component and additional commercial space. As a result of this Environmental Review, the Lead Agency has determined the undertaking of this action will not have a significant adverse impact on the quality of the environment. No further environmental review of this action will be conducted prior to project implementation and a Draft Environmental Impact Statement will not be prepared. Reasons Supporting This Determination: The facts and reasons for this decision are as follows: the project will allow for the rehabilitation of vacant space within a historic building per SHPO standards, including Masonry, Windows, Storefronts and other elements governed by said standards. The identified potential negative impacts appear to be primarily short -term site preparation for repairs and 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 Martin Grunzweig, Senior Planner, Room 901 City Hall, Buffalo, New York 14202 - 716 851 -5085. Dated: June 29. 2010 CC: City Clerk City of Buffalo Office of Strategic Planning Common Council of the City of Buffalo State Historic Preservation Office (SHPO) Buffalo Zoning Board of Appeals Dept Public Works Dept of Inspections & Licenses Soo Kang, NYS Economic Development Environmental Notice Bulletin Steven J. Carmina RECEIVED AND FILED NO. 6 NEGATIVE DECLARATION NOTICE OF DETERMINATION OF NON- SIGNIFICANCE 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. 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 Michigan & Carlton Parking lots Location 194 -196 Maple Type of Action: Unlisted- Uncoordinated Description: Theodore Hawkins, owner is proposing to complete an existing parking lot area that was built, however all City of Buffalo approvals were not hi place and he was unable to use the lot for its intended use, parking. The lot is privately owned and the current owner has operated the existing lot next to the unused parking area for a number of years. As part of this proposed project, damaged fences will be replaced with a new wood stockade and wrought iron fences. The owner will retain existing mature trees and add new landscaping by installing a bin retention area sufficient to handle water drainages on this site. The City of Buffalo code will be followed in regard to grading and paving to control water drainage. The green technology will minimize any storm water effects on the City of Buffalo water drainage system. The owner has hired a landscaping firm to assist with improving the ambience of this property. The landscaping has been designed to buffer both lots from the adjacent existing residence. The lot will be monitored by the owner or staff during most operating hours as well as having security cameras installed to augment security during off times when staff is not available. The project is being privately financed. 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 the completion of a lot that has been unfinished for a lengthy period of time. Landscaping improvements and management should help to improve the appearance of this comer and the neighboring Maple Street. The few negative impacts, which were identified, ere not significant in magnitude or effect. These are primarily short -term construction related impacts. There are no actions, which will have a significant adverse impact on the environment. For further information relative to this Negative Declaration, contact Mr. Martin Grunzweig, Land Use Controls Coordinator, Room 901 City Hall, Buffalo New York 14202 - 716 851 -5085 RECEIVED AND FILED NO. 7 SEQRA NOTICE OF DETERMINATION NON SIGNIFICANCE NEGATIVE DECLARATION This notice is issued pursuant to Pert 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 Western New York Immediate care, buffalo Location 2497 Delaware Avenue Type of Action: Unlisted- Coordinated Description: C &S Companies on behalf of Western New York Immediate Care buffalo is proposing the construction of a new medical office building located at 2497 Delaware Avenue Buffalo New York. The project includes the construction of a 7400 sq ft medical office building on the east side of Delaware Avenue, opposite Stratford Road. A building currently occupied by Gallagher Printing will be demolished to enable the construction of the new building. Besides the new building, work will also include a new parking lot for thirty six cars, a retaining wall along the easterly property line, a new /replacement sidewalk along Delaware Avenue and landscaping. The overall parcel size is 0.629 acre. The project is anticipated to begin in August and be complete by December 2010. The project is privately funded. As a result of this Environmental Review, the Lead Agency has determined the undertaking of this action will not have a significant adverse affect on the quality of the environment. No further environmental review of this action will be conducted prior to project implementation and a Draft Environmental impact Statement will not be prepared. Reasons Supporting This Determination: The facts and reasons for this decision are as follows: this project will provide immediate medical services to the residents living in the North Buffalo area as well as providing an alternative to an emergency room visit. 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 Grunzwaig, Land Use Controls Coordinator, Room 901 City Hall, Buffalo New York 14202 - 716 851 -5085 RECEIVED AND FILED NO. 8 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 Envlmnmental Quality Review) of the Environmental Conservation Law. Lead Agency City of Buffalo Planning Board Room 90t, 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 Basil Resale Center Location 2677 Delaware Avenue Type of Action: Unlisted- Uncoordinated Description: Scbeid Architectural on behalf of Basil Resale Center is proposing the rehabilitation and partial demolition of the former Tunmore Oldsmobile dealership located at 2677 Delaware Avenue, Buffalo New York. Basil Resale has purchased the former Tunmore dealership and is proposing to use the site as an automobile resale center. A portion of the existing buildings will be demolished. The renovation will provide a space for servicing cars as well as a pre owned car display area and offices. A new two story glass entrance tower will be added to the remaining existing building. The renovated building will be faced with an aluminum store front, glazing and a metal panel system. Additional paving will be provided in front of the renovated building for displaying cars. New landscaping will be installed along the face of the building as well as at the front comers of the property. At each corner there will be a raised pedestal for displaying cars and low signage. There will also be signage on the front of the renovated building. A new fence will be installed along the adjacent homes from the building to the lot line to provide a screen from the automobile display area to the residences. The project will be privately funded. Construction is anticipated to begin as soon as possible and completed approximately the end of 2010. The operating hours will be 800 AM until 9:00 PM. As a result of this Environmental Review, the Lead Agency has determined the undertaking of this action will not have a significant adverse affect on the quality of the environment. No further environmental review of this action will be conducted prior to project implementation and a Draft Environmental impact Statement will not be prepared. Reasons Supporting This Determination: The facts and reasons for this decision are as follows: The project will produce short term construction jobs, New jobs wilt be created at the dealership as well as taking a potential vacant building on a active gateway site into the City of Buffalo, continuing activity and improve its appearance. The identified potential negative impacts appear to be primarily short -term site preparation and construction related activities, and do not appear to be significant in magnitude or effect. There are no actions, which will have a significant adverse impact on the environment. For further information relative to this Negative Declaration, contact Mr. Martin Grunzweig, Land Use Controls Coordinator, Room 901 City Hall, Buffalo New York 14202 - 716 851 -5085 RECEIVED AND FILED FROM THE OFFICE OF STRATEGIC PLANNING NO. 9 REPORT OF SALE 1127 BROADWAY, 68.12' W WARREN LOT SIZE: 34'X 106, WAP 30'X 100' ASSESSED VALUATION: $5,000.00 (FILLMORE DISTRICT) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Anthony N. Diina, 193 Huntington Road, Buffalo, New York 14214 to purchase 1127 Broadway. Mr. Diina owns a warehouse at 1131 Broadway, which is adjacent to 1127 Broadway. He intends to use the vacant lot for future expansion of his building. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. The Division of Real Estate has investigated the sale of similar lots in the subject area. Sales range from Forty Five Cents ($.45) to One Dollar ($1.00), per square foot. Mr. Diina has agreed and is prepared to pay Five Thousand Dollars ($5,000.00), Seventy Four Cents ($.74) 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 1127 Broadway to Mr. Anthony Diina in the amount of Five Thousand Dollars ($5,000.00). 1 am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. Mr. Fontana moved: That the above communication from the Office of Strategic Planning dated June 25, 2010, be received and filed; and That the offer from Mr. Anthony N. Diina, residing at 193 Huntington Road, in the sum of Five Thousand Dollars ($5,000.00) for the purchase of 1127 Broadway, 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 tire and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES -9 NOES -0 NO. 10 REPORT OF SALE 67 GOEMBEL, 629.10' N WALDEN LOT SIZE: 30'X 163' ASSESSED VALUATION: $1,700.00 FILLMORE DISTRICT) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Jerry L. Darnley and Mrs. Frances A. Darnley, 71 Goembel Street, Buffalo, New York 14211 to purchase 67 Goembel Street. Mr. and Mrs. Darnley own and reside at 71 Goembel, which is adjacent to 67 Goembel. They intend to use the vacant lot for additional green space. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchasers. The Division of Real Estate has investigated the sale of similar lots in the subject area. Sales range from Fifty Cents ($.50) to One Dollar ($1.00) per square foot. Mr. and Mrs. Darnley have agreed and are prepared to pay One Thousand Seven Hundred Dollars ($1,700.00), Fifty Seven Cents ($.57) 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 67 Goembel to Mr. and Mrs. Darnley in the amount of One Thousand Seven Hundred Dollars ($1,700.00). 1 am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. Mr. Fontana moved: That the above communication from the Office of Strategic Planning dated June 25, 2010, be received and filed; and That the offer from Mr. Jerry L. Darnley and Mrs. Frances A. Darnley, residing at 71 Goembel Street, in the sum of One Thousand and Seven Hundred Dollars ($1,700.00) for the purchase of 67 Goembel Street, be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES -9 NOES -0 FROM THE COMPTROLLER NO. 11 CAPITAL DEBT SERVICE FUND DEPOSITS - 2010 -2011 FISCAL YEAR Certificate Number 1 -10/11 of the Comptroller of the City of Buffalo, New York, relative to the Capital Debt Service Fund of said city, stating the amounts to be deposited therein and paid therefrom for the period Commencina July 1. 2010 and endina June 30. 2011 1, Andrew A. SanFilippo, Comptroller of the City of Buffalo, New York, in accordance with the provisions of Section 202 of the resolution entitled: "Enabling Resolution of the City of Buffalo, New York, Establishing a Capital Debt Service Fund, Determining the Terms and Conditions of Such Fund and Other Matters in Connection Therewith, and Providing for the Rights of Holders of Capital Debt Obligations of the City." duly adopted by the Common Council on March 8, 1977, and pursuant to the duties of the chief fiscal officer set forth therein, Do Hereby Certify as follows: 1. The Capital Debt Service Fund Requirements for the fiscal year commencing July 1, 2010 and ending June 30, 2011 is $55,550,517. 2. The portion of said Capital Debt Service Requirement allocated to the First Collection Period (July 1, 2010 through and including November 30, 2010), is $23,211,721. 3. The portion of said Capital Debt Service Requirement allocated to the Second Collection Period (December 1, 2010 through and including June 30, 2011), is $32,338,796. 4. The First Collection Period portion of the Capital Debt Service Requirement is due and payable during the period commencing July 1, 2010 and ending December 31, 2010 on the obligations, in the amounts, on the dates, and at the place or places as set forth below: Obligation Amount Due Date Due Place Due Serial Bond $ 637,882 July 30,2010 Deutsche Bank, New York, New York Serial Bond 1,539,417 July 30,2010 M &T Trust, Buffalo, New York Serial Bond 2,735,367 Aug. 13, 2010 M &T Trust, Buffalo, New York Serial Bond 14,000 Oct. 1, 2010 BNY, Newark, NJ Serial Bond 520,225 Oct. 1, 2010 M &T Trust, Buffalo, New York Serial Bond 7,364,565 Nov. 13, 2010 M &T Trust, Buffalo, New York Serial Bond 964,742 Dec. 1, 2010 Deutsche Bank, New York, New York Serial Bond 1,685,682 Dec. 1, 2010 HSBC, New York, New York Serial Bond 4,794,472 Dec. 1, 2010 M &T Trust, Buffalo, New York Serial Bond 2,955,369 Dec. 15, 2010 M &T Trust, Buffalo, New York 23,211,721 5. The aggregate amount to be deposited by the Director of the Treasury with the M &T Trust Company, Buffalo, New York, commencing on July 1, 2010 is $17,413,301. 6. The Second Collection Period portion of the Capital Debt Service Requirement is due and payable during the period commencing January 1, 2011, and ending June 30, 2011, on the obligations, in the amounts, on the dates, and at the place or places as set forth below: Obligation Amount Due Date Due Place Due Serial Bond $14,593,277 Jan. 15, 2011 M &T Trust, Buffalo, New York Serial Bond 2,177,881 Jan. 29, 2011 Deutsche Bank, New York, New York Serial Bond 8,439,417 Jan 29, 2011 M &T Trust, Buffalo, New York Serial Bond 139,000 April 1, 2011 BNY, Newark NJ Serial Bond 1,810,225 April 1,2011 M &T Trust, Buffalo, New York Serial Bond 1,258,057 May 14, 2011 M &T Trust, Buffalo, New York Serial Bond 316,023 June 1, 2011 Deutsche Bank, New York, New York Serial Bond 238,138 June 1, 2011 HSBC, New York, New York Serial Bond 372,181 June 1, 2011 M &T Trust, Buffalo, New York Serial Bond 476,975 June 15, 2011 M &T Trust, Buffalo, New York Est.Ser. Bond 2,517,622 NA NA- Pending July Bond Sale $32,338,796 7. The aggregate amount to be deposited by the Director of the Treasury with the M &T Trust Company, Buffalo, New York, commencing on December 1, 2010 is $25,175,191. 8. Pursuant to Section 202 (b) of said Enabling Resolution, the Director of the Treasury shall deposit the amounts shown in Section 5 and 7 hereof in the Capital Debt Service Fund held by the Trustee, M &T Trust Company, Buffalo, New York, immediately upon receipt of any payment of or on account of any City ad valorcm property taxes, until the amount deposited during each Collection Period is equal to the amount shown in Section 5 and 7, respectively. 9. 1 have this day delivered a copy of Certificate Number 1 -10 -11 to the Director of Treasury and to the Fleet Bank, Buffalo, New York. IN WITNESS WHEREOF, I have hereunto set my hand this 1 st Day of July, 2010. RECEIVED AND FILED NO. 12 CERTIFICATE OF DETERMINATION BY THE COMPTROLLER DETERMINING THE TERMS, FORM AND DETAILS OF ISSUANCE OF $22,700,000 GENERAL IMPROVEMENT BONDS -2010A AND $4,900,000 SCHOOL SERIAL BONDS -2010B OF THE CITY OF BUFFALO, NEW YORK, AGGREGATING $27,600,000 AND PROVIDING FOR THE PUBLIC SALE THEREOF I, Andrew A. SanFilippo, Comptroller of the City of Buffalo (herein called "City "), in the County of Erie, State of New York (the "State ") HEREBY CERTIFY AND REPORT, that pursuant to the powers and duties delegated to me, the acting chief fiscal officer of the City, pursuant to Resolution No. 194, duly adopted on the 4th day of October, 1945, and pursuant to Resolution No. 160, duly adopted on the 1 st day of November, 1994, which resolutions are in full force and effect and have not been modified, amended or revoked, and subject to the limitations prescribed in said resolutions, I have made the following determinations: 1. Authorization. — Amount, Maturitv Schedule. Issue Date and Desianation: (a) Bonds of the City (the "Bonds" or the "Obligations ") in the respective principal amounts as set forth in Appendix A (which is hereby made a part hereof), for each purpose as set forth in such Appendix shall be issued pursuant to the bond resolutions duly adopted and amended by the Common Council on their respective dates as set forth in Appendix, and shall mature, with substantially level or declining debt service, on April 1 in the aggregate principal amounts and in each of the years as detailed in the attached schedules in Appendix A hereto. The weighted average period of probable usefulness for said bonds is hereby determined, to be 15.563 years as detailed in the attached schedules in Appendix A hereto. (b) All of said bonds hereinabove referred to in Appendix A, rows 1 thorough 37, shall be combined for the purpose of sale into a single issue of bonds in the aggregate principal amount of $22,700,000, and shall be designated "GENERAL IMPROVEMENT BONDS- 2010A ". Said bonds shall be dated July 21, 2010 and shall mature on April 1 in the aggregate principal amounts and in each of the years as detailed in the attached schedules in Appendix A hereto. The date of each bond shall appear on the face thereof under the caption "Date of Original Issue ", and each bond shall bear interest from such date. (c) All of said bonds hereinabove referred to in Appendix A, rows 38 and 39 shall be combined for the purpose of sale into a single issue of serial bonds in the aggregate principal amount of $4,900,000, and shall be designated "SCHOOL SERIAL BONDS - 201013". Said bonds shall be dated July 21, 2010 and shall mature on April 1 in the aggregate principal amounts and in each of the years as detailed in the attached schedules in Appendix A hereto. The date of each bond shall appear on the face thereof under the caption "Date of Original Issue ", and each bond shall bear interest from such date. 2. Interest Rate. -Dates and Medium of Pavment. The 2010A Bonds and 201013 Bonds shall bear interest from their date at the rates per annum set forth in the attached Appendix A, payable on October 1, 2010 and semiannually thereafter on April 1 and October 1 in each year to maturity, payable in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts. Interest shall be paid on each interest payment date by Manufacturers & Traders Trust Company (the "Fiscal Agent ") to the person in whose name the bond is registered at his address shown upon the books of the City kept for the purpose at the offices of the Fiscal Agent, as of the close of business on the fifteenth day of the month preceding each such interest payment date. 3. Bonds Subiect to Prior Redemption. The 2010A Bonds and 201013 Bonds maturing on or after April 1, 2021 will be subject to redemption prior to maturity at the option of the City on April 1, 2020 and thereafter on any date, as a whole or in part, as specified by the City, in such order of maturity as may be determined by the City, at par, plus accrued interest to the date of redemption. Notice of redemption shall be given by mailing such notice to the registered holders of Bonds to be redeemed at their respective addresses as shown upon the registration books of the City maintained by the Fiscal Agent at least 30 days prior to the date set for any such redemption. If notice of redemption shall have been given as aforesaid, the Bonds so called for redemption shall become due and payable at the applicable redemption price on the redemption date designated in such notice, and interest on such Bonds shall cease to accrue from and after such redemption date. 4. Purchaser's Option. If the Bonds qualify for issuance of any policy of municipal bond insurance or commitment therefore at the option of a bidder, the purchase of any such insurance policy or the issuance of any such commitment therefore shall be at the sole option and expense of such bidder and any increased costs of issuance of the Bonds resulting by reason of the same, unless otherwise paid, shall be paid by such bidder. Any failure of the Bonds to be so insured or of any such policy of insurance to be issued, shall not constitute cause for a failure or refusal by the purchaser of the Bonds to accept delivery of and pay for said Bonds in accordance with the terms hereof. 5. Denominations Numbers and Letters. The Bonds maturing in each year shall be issued as fully registered bonds in denominations of $5,000 or any integral multiple or which includes the authorized multiple, not exceeding the aggregate principal amount of Bonds of each series maturing in such year. Purchasers will not receive certificates representing their interest in the Bonds. The General Improvement Bonds -2010A shall be lettered AR, and shall be numbered separately from one (1) consecutively upward in the order of their issuance. The School Serial Bonds -201013 shall be lettered BR, and shall be numbered separately from one (1) consecutively upward in order of their issuance. All of the Bonds shall be transferable and exchangeable as provided herein. 6. Book -Entry System. The Bonds when issued shall be (i) registered in the name of Cede & Co., as nominee of The Depository Trust Company, New York, New York ( "DTC "), and (ii) deposited with DTC to be held in trust until maturity. Only one Bond will be initially issued for each maturity of each series in the aggregate principal amount of such maturity. DTC is an automated depository for securities and clearinghouse for securities transactions, and will be responsible for establishing and maintaining a book -entry system for recording the ownership interests of its participants, which include certain banks, trust companies and securities dealers, and the transfers of the interests among its participants. The DTC participants will be responsible for establishing and maintaining records with respect to the beneficial ownership interests of individual purchasers in the Bonds. Individual purchases of beneficial ownership interests in the Bonds may only be made through book entries (without certificates issued by the City) made on the books and records of DTC (or a successor depository) and its participants, in the denominations of $5,000 or any integral multiple thereof not exceeding the aggregate principal amount of Bonds of each series maturing in such year. Beneficial owners of the Bonds will not receive certificates representing their interest in the Bonds. Principal of and interest on the Bonds will be payable by the Fiscal Agent by wire transfer or in clearinghouse funds to DTC or its nominee as registered owner of the Bonds pursuant to the Blanket Letter of Representations dated December 1, 1995 between the City and DTC. Transfer of principal and interest payments to participants of DTC will be the responsibility of DTC; transfer of principal and interest payments to beneficial owners by participants of DTC will be the responsibility of such participants and other nominees of beneficial owners. The City will not be responsible or liable for payments by DTC to its participants or by DTC participants to beneficial owners or for maintaining, supervising or reviewing the records maintained by DTC, its participants or persons acting through such participants. So long as DTC or a successor securities depository is the sole registered owner of the Bonds, the City will cause notice of redemption to be given only to DTC as registered owner. The selection of the book -entry interests within each Bond maturity to be redeemed will be done in accordance with DTC procedures 7. Discontinuance of Book Entry - System. In the event that (a)DTC determines to discontinue providing its service with respect to the Bonds by giving notice to the City and discharging its responsibilities with respect thereto under applicable law, and the City falls to appoint a successor securities depository for the Bonds, or (b)the City determines to discontinue the system of book -entry transfers through DTC (or a successor securities depository), then bond certificates shall be delivered to the beneficial owners upon registration of the Bonds held in the beneficial owners name. After such registration the beneficial owners shall become the registered owners of the Bonds. In such event, tile Comptroller of the City shall execute a Supplemental Certificate of Determination which will set forth the terms, form and details of issuance of such bond certificates. 8. Fiscal - &aent. Manufacturers & Traders Trust Company, Buffalo, New York is hereby appointed as Fiscal Agent for the Bonds pursuant to, and to act in accordance with, applicable provisions of the Law and the Enabling Resolution of the City of Buffalo, adopted by the Common Council on March 8, 1977. 9. Execution of Bonds. The Bonds shall be executed in the name of the City by the manual signature of the Comptroller, and shall have the corporate seal of the City, or a facsimile thereof, affixed, imprinted, engraved or otherwise reproduced thereon. 10. Transfer of Bonds. Each Bond shall be transferable only upon the books of the City, which shall be kept for such purpose at the Fiscal Agent, by the registered owner thereof in person or by his attorney duly authorized in writing, upon surrender thereof together with a written instrument of transfer satisfactory to the Fiscal Agent duly executed by the registered owner or his duly authorized attorney. Upon transfer of any such Bond, the City shall • issue in the name of the transferee a new Bond or Bonds of the same aggregate principal amount and maturity as the surrendered Bond. The City and the Fiscal Agent may deem and treat the person in whose name any Bond shall be registered upon the books of the City as the absolute owner of such Bond, whether such Bond shall be overdue or not, for the purpose of receiving payment of, or on account of, the principal of and interest on such Bond and for all other purposes, and all such payments so made to any such registered owner or upon his order shall be valid and effectual to satisfy and discharge the liability upon such Bond to the extent of the sum or sums so paid, and neither the City nor the Fiscal Agent shall be affected by any notice to the contrary. 11. Reaulations With Restrictions and Transfers. In all cases in which the privilege of exchanging or transferring Bonds is exercised, the City shall execute and deliver Bonds in accordance with the provisions hereof. All Bonds surrendered in any such exchanges or transfers shall forthwith be cancelled by the Fiscal Agent. For every such exchange or transfer of bonds, the City or the Fiscal Agent may make a charge sufficient to reimburse it for any tax, fee or other governmental charge required to be paid with respect to such exchange or transfer, and may charge a sum sufficient to pay the cost of preparing each new bond issued upon such exchange or transfer, which sum or sums shall be paid by the person requesting such exchange or transfer as a condition precedent to the exercise of the privilege of making such exchange or transfer. The City shall not be obliged to make any such exchange or transfer of Bonds between the fifteenth day of the month preceding an interest payment date and such interest payment date. 12. Sale of Bonds. The Bonds shall be sold upon sealed proposals to be received by the undersigned Comptroller on July 14, 2010, until 10:00 a.m. and 11:00 a.m. for 2010A Bonds and 2010B Bonds, respectively (local time), via iPreo's Parity Electronic Bid Submission System ( "Parity "), pursuant to the Notices of Sale, in substantially the form as provided in Appendices B and C, which shall be published at least once in "The Bond Buyer," published in the City of New York, net less than five (5) nor more than thirty (30) days prior to the date of said sale. Delivery of the Bonds shall be effected on or about July 21, 2010, upon (i) receipt by the City of the purchase price of the Bonds in Federal Funds, and (ii) deposit of the Bonds with DTC to be held in trust until maturity. 13. Form of Bonds. Said Bonds shall be in substantially the form set forth in Appendix D hereto. I HEREBY FURTHER CERTIFY that the powers and duties delegated to me to issue and sell the bonds hereinabove described and referred 'to are in full force and effect and have not been modified, amended or revoked. IN WITNESS WHEREOF, I have hereunto set my hand as of this 28th day of June, 2010. Mr. Fontana moved: That the above communication from the Comptroller, be received and filed; and That the Certificate of Determination by the Comptroller Determining the Terms, Form and Details of Issuance of $22,700,000 General Improvement Bonds -2010A and $4,900,000 School Serial Bonds - 2010B of the City of Buffalo, New York Aggregating $27,600,000 and Providing for the Public Sale Thereof, be and hereby is approved. PASSED AYES -9 NOES -0 NO. 13 J. MAKOWSKI- REQUEST INDEPENDENT AUDIT - MARINE DR. APARTMENTS ITEM NO. 66, C.C.P., 6/22/10 The Common Council has requested a response from the Department of Audit and Control regarding performing an audit of management procedures and financial records at Marine Drive Apartments. The Comptrollers Office is aware of audits currently being conducted on this entity, including a forensic accounting audit, and other audits that have been already completed. We will review those results to make a determination of the prudence and value of performing another audit. However if this Honorable Body requests that an audit be done by my office, we stand ready to comply. If you have any further questions on this matter, please feel free to contact the Department of Audit and Control. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO. 14 CHANGE IN CONTRACT [: FRANCZYK PARK ENVIRONMENTAL REMEDIATION FILLMORE DISTRICT I hereby submit to Your Honorable Body the following changes for Franczyk Park, Environ - mental Remediation, TVGA Consultants, C #92010761. The City of Buffalo has been awarded a State Assistance Grant (SAC) to undertake the investigation/ remediation of Franczyk Park. The SAC permits municipalities to be reimbursed for 90% of the allowable costs of the project. The City is the current owner of the property. The New York State DEC has approved a revised work scope and budget for the City's consultant, TV'GA Consultants, Inc. on the Franczyk Park project site. The change includes construction of Additional Interceptor Trench, Design & Oversight. The additional work is required by NYSDEC in response to complaints about stained surface water near the playground. Water appears to be exfiltrating from the ground surface in a sloped area near the playground recently installed at the site. This water is reportedly uncontaminated, but appears to leave iron staining on the ground surface. The NYSDEC is requiring the extension of the existing interceptor trench into this area to mitigate the issue. The interceptor trench would tie into the nearby trench and capture water that would otherwise flow onto the surface in this area. Change Order #11 will increase the project budget by $59,975.00 to $617,057.12. The Department of Public Works intends to access the additional funds for the project from account 31310906 445100 - Buildings. Summary Original Contract Amount $163,433.50 Previously Authorized Change Orders $393,648.62 Amount of this Change Order( #11) Add $ 59,975.00 Revised contract Amount $617,057.12 The NYSDEC has approved and paid 90% of all cost to date. I respectfully request that Your Honorable Body authorize an additional $59,975.00 for the Franczyk Park project as set forth. Please note that the NYSDEC will cover 90% of these costs, which results in a cost Share of $5,997.50 for the City of Buffalo. Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated July 1, 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. 11, to TVGA Consultants, Inc., an increase in the amount of $59,975.00, as more fully described in the above communication, for work relating to Franczyk Park. Funds for this project are available in 31310906 445100 - Buildings. PASSED AYES -9 NOES -0 NO. 15 CHANGE IN CONTRA — HICKORY WOODS LNFRASTRUCTURE IMPROVEMENTS CURB & SIDEWALKREPLACEMENT- 2010,GR. #698A CENTRAL #93000588 I hereby submit to your Honorable Body the following unit price additions to the contract for the above named Project. This change order is necessary to increase unit quantifies to schedule the following work: 1.) Install island curb on Middlesex Road - Elmwood to Lincoln Pkwy. 2.) Replace sidewalk in the Lincoln Pkwy. /Bedford area Figures available for Review in The City Clerk's Office Existing Contract Amount $695,042.04 Previous Change Order $0 Change Order #1 $217,692.04 Total contract to Date $912,692.04 Funds are available in Capital Projects Account #32310806 - 445100 & #30032106 - 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 P & J Construction Co., Inc. Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated June 28, 2010, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue change order No. I, to P & J Construction Co, Inc., an increase in the amount of $217,650.00, as more fully described in the above communication, for additional work under the Hickory Woods Infrastructure Improvements, Curb & Sidewalk Replacement - 2010 Contract, Group #698A. Funds for this project are available in Capital Projects Accounts #32310806 - 445100 & #30032106 - 445100. PASSED AYES -9 NOES -0 NO. 16 CHANGE IN CONTRACT OVERLAY OF CITY STREETS BURA FUNDED- 2010, GR. #707 CONTRACT #93000590 1 hereby submit to your Honorable Body the following unit price additions to the contract for the above named Project. This change order is necessary to increase unit quantities to complete additional paving on Genesee Street -Rich to Moselle. Contract Description Unit Estimated Estimated Item Price Quantity Cost 02.403 Milling Existing Pavement $1.70 32,00 $54,400.00 403.1701 Asphalt Concrete - Type 6 $63.00 3,650 /tous $229,950.00 12.110 Maintenance & Protection $12,381.00 1 /lump sum $12.381.00 of Traffic Total Change Order $296,731.00 Existing Contract Amount $878,268.60 Previous Change Order $ 0 Change order# 1 $296.731.00 Total Contract to Date $1,175,000.60 Funds are available in Capital Projects Account # #38881106 - 445100 & #30032106 - 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 Destro & Brothers Concrete Co., Inc. Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated June 28, 2010, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue change order No. 1, to Destro & Brothers Concrete Co., Inc., an increase in the amount of $296,731.00, as more fully described in the above communication, for work relating to Overlay of City Streets - 2010, Group #707, Contract #93000590. Funds for this project are available in Capital Projects Accounts #38881106 - 445100 & #30032106 - 445100. PASSED AYES -9 NOES -0 NO. 17 NAME PROPOSAL FOR NEW STREET IN BUFFALO LAKESIDE COMMERCE [: PARK I hereby request from Your Honorable Body permission to allow the City of Buffalo, Department of Public Works, Parks & Streets to name the final phase of public street and right -of -way within Buffalo Lakeside Commerce Park to "Susquehanna Drive ". There is an historical tie to the original name of the Union Ship Canal and Iron Company: The Buffalo and Susquehanna Iron Company, Buffalo and Susquehanna Canal. The subdivision plat has been approved by the City Planning Board, with the work to be bidded out in June of this year, with substantial completion by this November. A copy of the proposed site plan map has been filed with the City of Buffalo, City Clerk's Office. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 18 PERMISSION TO ENGAGE SERVICES OF CONSULTING ENGINEER FOR SEDIMENTATION BASIN IMPROVEMENTS AT THE COLONEL WARD TREATMENT PLANT ELLICOTT I respectfully request that Your Honorable Body authorize the Department of Public Works, Parks and Streets to grant permission to hire Malcolm Pirnie as consultant to provide engineering services for design and construction inspection services for the proposed Sedimentation Basin(s) Improvement project. The original agreement with the consultant was only for design services associated with South Basin Improvements project. However, after dewatering and sludge removal operation of the North Basin, it was discover that it is necessary to replace influent sluice gates, replace baffle curtains, and other improvement at North Basin. These improvements will allow the settling process to be as efficient as possible optimizing treatment and minimizing operation costs, This is for the following services: 1. Additional Design Services $17,500 2. Construction Administration se4rvices $110,000 3. Inspection Services during construction phase $167,000 Total $294,500 The costs for consulting services are estimated not to exceed $294,500.00. The funds will be available in Division of Water accounts to be named at a later date based on the recent bond sale. Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated June 30, 2010 be received and filed; and That the Commissioner of Public Works, Parks & Streets be, and he hereby is authorized to hire Malcolm Pirnie as consultant to provide engineering services for design and construction inspection services for the proposed Sedimentation Basin(s) Improvements at the Colonel Ward Treatment Plant at a cost not to exceed $294,500.00. Funds for this project are available in Division of Water accounts to be named at a later date based on the recent bond sale. PASSED AYES -9 NOES -0 NO. 19 PERMISSION TO INCREASE CONTRACT WENDEL DUCHSCHERER CONTRACT #93000553 CITYWIDE I hereby submit to Your Honorable Body the following change for this contract. Wendel Duchscherer is the engineering consultant for the Citywide Street Cut Contract for the City of Buffalo. This increase is necessary for additional services in order to provide uninterrupted services through this construction season including construction phase services for Citywide Street Cut Repairs. This includes restoration for water repairs, pavement cuts, curb and sidewalk cuts, and for miscellaneous repairs. They assist in the management of our database of all our street cuts, locations, utilities involved, and work required. They also coordinate between the Contractor, utilities, and various City departments involved. I respectfully certify that this increase is fair and equitable for the work involved, and respectfully request that Your Honorable Body approve the subject change order and authorize the Commissioner of Public Works, Parks & Streets to issue said increase for $80,000.00. The funds for this work are available in our Capital Account(s) 30032106 445100, 32311506 445100, an account to be named at a later date. Original Contract Amount: $ 195,356.00 Previous Change Order: $ 0.00 This Change Order (CO1): $ 80r000.00 Total: $ 275,356.00 Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated June 30, 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 (CO1), to Wendel Duchscherer, an increase in the amount of $80,000.00, as more frilly described in the above communication, for work relating to Citywide Street Cut Contract, Contract #93000553. Funds for this project are available in Capital Accounts 30032106 445100, 32311505 445100 and an account to be named at a later date. PASSED AYES -9 NOES -0 NO. 20 REPORT OF BIDS CURB & SIDEWALK REPLACEMENT & CITY OWNED RAMPS 2010 -GR# 710 In obtaining these bids for the above mentioned project, I have asked for unit price covering the various items of work and material which will be performed. The final cost of the work will be based on the actual measured quantities of materials entering into the work and may be either more or less than the total bid. The following Bids Were Received Base Bid Unit Price Increase P & J Construction Co., Inc. '$185,825.00 $204,407.50 709 Pleasant View Drive, Lancaster, NY 14086 Destro & Brothers Concrete Co., Inc. $186,815.00 $205,496.50 411 Ludingtun Street, Buffalo, NY 14206 C & C Contractor's, Inc. $228,966.00 $251,862.60 1589 Bailey Road, Cowlesville, NY 14037 Master's Edge, Inc. $254,515.00 $279,966.50 3409 Broadway Street, Buffalo, NY 14227 North America Construction Co., Inc. $239,737.00 $263,710.70 1417 Allehgany Road, Attica, NY 14011 I hereby certify that the low bidder for the above project is P & J Construction Co., Inc. I respectfully recommend a contract award in the amount of $204,407.50. ($185,825.00 base bid + $18,582.50 unit price increase = $204,40 %50). Funds for this account are available in the Parking Enterprise Fund #51008106 - 434000. 'Adjusted Amount The engineer's estimate for this work is $225,000.00. 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 May 30 cb. 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 June 28, 2010, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to award a contract for Curb & Sidewalk Replacement at City -owned Ramps 2010, Group #710, to P & J Construction Co., Inc., the lowest responsible bidder, in the amount of $204,407.50 ($185,825.00 base bid + $18,582.50 unit price increase = $204,407.50. Funds for the project are available in the Parking Enterprise Fund #51008106 - 434000. PASSED AYES - 9 NOES — 0 NO. 21 REPORT OF BIDS LASALLE PARK PLAYGROUND PROJECT JOB #1026 ELLICOTT DISTRICT I advertised for on June 4, 2010 and received the following formal sealed bids for LaSalle Park, Playground Project, which were publicly opened and read on June 16, 2010. Base Bid + Alt. #1 Titan Development $294,495.00 $6,300.00 8534 Seaman, Gasport, NY Scott Lawn Yard $363,540.00 $9,000.00 5552 Townline, Sanborn, NY Hadala Construction $436,000.00 $17,000.00 325 Grote, Buffalo, NY Alternate #1: Add Woodchip Play Area I hereby certify that the foregoing is a true and correct statement of all bids received and that Titan Development, with a Base Bid of $294,495.00, add Alternate #1 for $6,300.00, for a total bid price of Three Hundred Thousand Seven Hundred Ninety Five and 00/100 ($300,795.00), is the low bidder in accordance with the plans and specifications. I recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to order the work on the basis of the low bid. Funds for this project are available from the Buffalo and Erie County Greenway Fund for the Development of the LaSalle Park, Phase 1, Master Plan Implementation, Fire Impressions Project (see attached). Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated June 28, 2010, be received and filed; and That the Commissioner of Public Works, Parks dad Streets, be, and he hereby is authorized to award a contract for LaSalle Park, Phase 1, Master Plan Implementation to Titan Development, the lowest responsible bidder, in the Base Bid amount of $294,495.00, add Alternate #1 for $6,300.00. Funds for the project are available from the Buffalo and Erie County Greenway for the Development of the LaSalle Park, Phase 1, Master Plan Implementation, Fire Impressions Project. PASSED AYES -9 NOES -0 NO. 22 REPORT OF BIDS MLK, JR. PARK HUMBOLDT BASIN SPLASH PAD EQUIPMENT JOB #1025 MASTEN DISTRICT I advertised for on May 19, 2010 and received the following formal sealed bids for MLK, Jr. Park, Humboldt Basin, Splash Pad Equipment, which were publicly opened and read on June 11,2010. Bill Simione & Associates Inc $249,999.00 5 Krey Blvd Rensselaer, NY Titan Development $339,950.00 8534 Seaman, Gasport NY Vortex $497,340.00 328 Avro Pree, Pointe- Claire, QC Aquatic Recreation $634,000.00 6500 Carlson Dr, Elden Prairie, MN I hereby certify that the foregoing is a true and correct statement of all bids received and the low bidder is Bill Simione & Associates, Inc., with a bid of Two Hundred Forty Nine Thousand Nine Hundred Ninety Nine and 00 /00 Dollars ($249,000.00), in accordance with the plans and specifications. I recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to order the work on the basis of the low bid. Funds for this project are available in 32400406 445100. Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated June 16, 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 MLK, Jr. Park, Humboldt Basin, Splash Pad Equipment, to Bill Simione & Associates, Inc., the lowest responsible bidder, in the amount of $249,999.00. Funds for the project are available in 32400406 445100. PASSED AYES - 9 NOES — 0 NO. 23 RENEWABLE ENERGY AND ENERGY UPGRADES CITY FACILITIES A panel was created to conduct an evaluation of RFP's (Request for Proposals) for the above subject. The panel consists of one member from Telecommunications, one member from Engineering, one member from Building Inspections and one member from Budget. The panel conducted an extensive evaluation of three (3) RFP's. This was a Federal Stimulus Grant that was applied for and awarded to the City of Buffalo. David Homes was chosen by the panel to manage the energy efficiency grant of $2,736,900.00. Funds are being held in a Federa! funds account until a City account can be established. REFERRED TO THE COMMITTEE ON FINANCE. FROM THE CORPORATION COUNSEL NO. 24 BRACO - I REQUEST FOR REFUND OF EXCESS REAL PROPERTY TAXES FOR THE 2009- 2010 TAX YEAR On November 30, 1977, an Agreement was executed by the City of Buffalo and the BUFFALO REHABILITATION ACTION COMPANY, (BRACO -1), a limited partnership, duly organized and existing pursuant to the provisions of Article V of the Private Housing Finance Law of the State of New York. By the terms of said Agreement, BRACO -I's real property tax liability was limited as to certain parcels of real property in the City of Buffalo pursuant to and in accordance with Section 236 of the National Housing Act of 1968 and Article V of the Private Housing Finance Law. Specifically, in accordance with Federal Housing Administration requirements, the Agreement imposes a real property tax ceiling in the mount of Forty Five Thousand Five Hundred Ninety -Nine Dollars ($45,599.00) on City and County Taxes for the real property identified therein. Said Agreement further provides that said real property shall be exempt from any further similar tax for a period of forty (40) years, beginning December 30, 1976. Your Honorable Body passed a resolution approving said Agreement and authorizing the tax relief provided therein on February 6, 1973. Consequently, if in any one fiscal year the combined City and County real property tax liability exceeds Forty Five Thousand Five Hundred Ninety -Nine Dollars ($45,599.00), BRACO -1 is entitled to a refund of the excess taxes paid above and beyond said ceiling amount. The refund is apportioned between the City of Buffalo and the County of Erie, and is based upon the tax rates prevailing at the time. The parcels subject to the Agreement are as follows: 210 Allen, 359 Busti, 346 Franklin, 352 Franklin, 74 Grant, 922 Main, 279 Niagara, 231 West, 79 Mariner, and 87 Whitney. The application before your Honorable Body pertains to the 2009 -2010 tax year and is broken down as follows: 2009 -2010 City of Buffalo Real Property Tax: $47,337.74 2009 Erie County Real Property Tax: $8,093.1 4 Total Tax Paid (City & County): $55,430.88 Less Combined Ceiling as per Agreement: ($45.599.00) Amount of Overpayment to City & County: $9,831.88 Portion to be refunded by the City of Buffalo 85.40% of Total Overpayment Amount): I respectfully request that your Honorable Body authorize the Comptroller to issue a property tax retired to BRACO -1 in the amount of Eight Thousand Three Hundred Ninety -Six Dollars and Forty -Three Cents ($8,396.43). Said amount is the City's portion of the excess real property taxes paid on the real property listed herein for the 2009 -2010 tax year. Mr. Fontana moved: That the communication from the Acting Corporation Counsel, dated June 28, 2010, b received and filed; and That the Comptroller be, and he hereby is authorized to issue a property tax refund to Buffalo Rehabilitation Action Company (BRACO -1) in the amount of $8,396.43 as the City's portion of the excess real property taxes paid on the real property as listed above for the 2009- 2010 tax year. PASSED AYES -9 NOES -0 NO. 25 EXPEDITED SETTLEMENT APPROVAL IN THE MATTER OF ADRIAN BAILEY V. CITY OF BUFFALO; DOCKET NUMBER 03- CV -749; U.S.D.J. RICHARD J. ARCARA PRESIDING. The Corporation Counsel recommends that your Honorable Body take action on this item in an expedited fashion at the request of Federal District Court Judge Richard J. Arcara, U.S.D.J., who has demanded to know the status of the settlement approval by the Council's next meeting, as the scheduled trial date of July 27, 2010 will not be adjourned. The recommended settlement amount is $6,000 and the reasons for settlement are contained in a Confidential Communication that was delivered to each Councilmember on Thursday, July 1, 2010. Given the urgency of the request from the Judge, the undersigned respectfully requests that any questions be posed before the Council's July 6, 2010 meeting, so. that they may be answered and the matter may proceed to a vote. The circumstances surrounding this matter are unique given the sense of urgency evidenced by the Judge and his desire to see to it that the status of the settlement be known at least three weeks before the trial date. The Corporation Counsel respectfully recommends that your Honorable Body approve the settlement and compromise of the above - captioned claim in the amount of $6,000.00 and that a settlement draft be drawn from Judgment and Claims: Account No. Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current Fiscal Year to satisfy the same. I thank your Honorable Body in advance for your consideration and attention to the Judge's request. Mr. Fontana moved: That the communication from the Acting Corporation Counsel, dated received and filed; and That the Acting Corporation Counsel be, and he hereby is authorized to settle and compromise Adrian Bailey v. City of Buffalo in the amount of $6,000.00, to be drawn from Judgment and Claims Account No. Org 17221008 (480205) Judgment and Claims Prior years or Current Fiscal Year. PASSED AYES -9 NOES -0 FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT & INSPECTION SERVICES NO. 26 FOOD STORE (NEW) 72 E. AMHERST(MASTEN) Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 72 E. Amherst (Amherst Food Express Mart Inc. /Fayez Almuganahi) 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. 27 FOOD STORE (NEW) 394 WEST FERRY (NIAGARA) Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 394 West Ferry (Ferry and Hoyt Convenience Store /Luis Vazquez) and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collection Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Mr. Fontana moved: That the above communication from the Department of Economic Development, Permit and Inspections Services dated Jtme 29, 2010, be received and filed; and That pursuant to Chapter 194 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services be, and he hereby is authorized to grant a Food Store License to Luis Vazquez d /b /a Ferry and Hoyt Convenience Store located at 394 West Ferry. PASSED AYES -9 NOES -0 NO. 28 FOOD STORE (NEW) 67 HERTEL(NORTH) 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 67 Hertel (HERTEL CORNER STORE /RAHIM ALHUSSAINAWI) and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collection Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Mr. Fontana moved: That the above communication from the Department of Economic Development, Permit and Inspections Services dated June 30, 2010, be received and filed; and That pursuant to Chapter 194 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services be, and he hereby is authorized to grant a Food Store License to Rahim Alhussainawi d /b /a Hertel Comer Store located at 67 Hertel upon the following conditions 1. That the Store hours be 9:00 am to 10:00 pm on weekdays and from 9:00 am to 11:00 pm on Saturday and Sunday. 2. That the exterior of the store be free from debris 3. That the windows of the store be kept free and clear from all signs that block or obstruct the view into the inside of the store PASSED W /CONDITIONS F- 1 =6IRl01 161*w NO. 29 FOOD STORE (NEW) 322 NORTHLAND(MASTEN) Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 322 Northland (Northland GroceryM/aleed Almaghrebi) 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 CONMITTEE ON LEGISLATION. NO. 30 RESTAURANT DANCE LICENSE (RENEWAL) 445 DELAWARE AVENUE Pursuant to Chapter 150 of the City of Buffalo Ordinances, please be advised that I have caused an investigation into the premises located at 445 Delaware Avenue for which said renewal application for a Restaurant Dance Class III license is being sought by Salvatore Buscaglia 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 June 25, 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 Salvatore Buscaglia d /b /a Snooty Fox Lounge located at 445 Delaware Avenue. PASSED AYES -9 NOES -0 NO. 31 TO: THE COMMON COUNCIL: RESTAURANT DANCE LICENSE (RENEWAL) 110 PEARL STREET Pursuant to Chapter 150 of the City of Buffalo Ordinances, please be advised that I have caused an investigation into the premises located at 110 Pearl Street for which said renewal application for a Restaurant Dance Class III license is being sought by Sean Donaher 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 June 25, 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 Sean Donaher d /b /a Big Orbit's Sound Lab, Inc. located at 110 Pearl Street. PASSED AYES -9 NOES -0 NO. 32 SECOND HAND DEALER 819 EAST FERRY (MASTEN) 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 819 East Ferry 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 Frederick & Todd Simpson. The attached thereto for Frederick & Todd Simpson d /b /a /Fred's Small Engine. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 33 SECOND HAND DEALER 357 VERMONT (NIAGARA) 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 357 Vermont 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 Sherrie Charles & Curt Charles. The attached thereto for Sherrie Charles & Curt Charles d /b /a Future Cool. This request is submitted for your approval or whatever action you deem appropriate. Mr. Fontana moved: That the above communication from the Department of Economic Development Permit and Inspections Services dated June 24, 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 Second Hand Dealer License to Sherrie Charles & Curt Charles d /b /a Future Cool located at 357 Vermont. PASSED AYES -9 NOES -0 NO. 34 USED CAR DEALER 1275 BAILEY (LOVEJOY) 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 1275 Bailey Ave 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 Charles Gioeli. The attached thereto for Charles Gioeli d /ba /Chuck Gioeli Automotive. This request is submitted for your approval or whatever action you deem appropriate. Mr. Fontana moved: That the above communication from the Department of Economic Development, Permit and Inspections Services dated June 24, 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 Used Car Dealer license to Charles Gioeli d /b /a Chuck Gioeli Automotive located at 1275 Bailey. PASSED AYES -9 NOES -0 NO. 36 APPOINT COMMISSIONER OF PERMITS AND INSPECTIONS(COMERFORD, JR) Appointment Effective July 1, 2010 in the Department of Permit and Inspection Services to the Position of Commissioner of Permit and Inspection Services, Exempt, Non Competitive at the Flat Starting Salary of $85,000.00 James Comerford, Jr., 435 Eden St, Buffalo, NY 14220 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 36 APPOINT SR. SPECIAL ASSISTANT TO THE COMMISSIONER OF EDPI(MARCY) Appointment effective July 1, 2010 in the Department of Permit and Inspection Services, Division of Administrative Office to the Position of Sr. Special Assistant to the Commissioner of EDPIS, Exempt, at the Maximum Salary of $46,269.00 Michael L. Marcy, 336 Eden Street, Buffalo, NY 14220 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF ADMINISTRATION, FINANCE, POLICY & URBAN AFFAIRS NO. 37 DISPOSAL OF VEHICLES THE DIVISION OF PURCHASE WOULD LIKE YOUR PERMISSION TO DISPOSE OF BY MEANS OF AUCTION OR SCRAP THE FOLLOWING VEHICLES WHICH ARE CURRENTLY ASSIGNED TO THE DEPARTMENT OF FIRE, DEPARTMENT OF PUBLIC WORKS - STREETS,. BUILDINGS, DEPARTMENT OF POLICE AND DEPARTMENT OF ADMINISTRATION & FINANCE - DIVISION OF INVENTORY & STORES. P -302 -F - 1993 CHEVY CAPRICE S -252 -1995 FORD EXPLORER S -808 -1999 ELGIN SWEEPER B -48 -1995 CHEVY G20 VAN F-149-1991 CHEVY VAN F -164 - 1996 FORD CROWN F -159 - 1990 DODGE VAN P -020 -S - 1980 CHEVY S -238 - 1997 DODGE VAN P -398 -S - 1993 CHEVY SUBN S -248 - 1993 DODGE P/U S -232 - 1994 FORD F -350 PW -06 -S - 2000 FORD EXPLORER B -48 -1995 CHEVY VAN E -587 -1992 CHEVY DUMP AF -9601 -1996 DODGE P/U BPK -60- 1988 FORD F -700 CDI -202 - 1993 FORD E -350 PK -8408 -1984 JOHN DEERE LOADER S -239 -1994 CHEVY P/U P- 534 -F- 1995 FORD EXPLORER P -537 -F - 1995 FORD EXPLORER BPK -10 - 1983 FORD TRACTOR BPK -09- 1989 INTERNATIONAL BPK -21 - 1988 FORD UTILITY TRACTOR BPK -62 -1984 JOHN DEERE LOADER BPKT -9707 -1997 KRIST TRAILER BPK -9810 -1998 CHEVY 3500 DUMP P- 273 -1 S- 1992 CHEVY VAN P -476 -1 S- 1994 FORD SUBN F -305 - 1987 PIERCE PUMPER F -307 - 1987 PIERCE PUMPER P -022 - 2000 PLYMOUTH VAN P -034 - 2000 FORD CROWN VICTORIA P -045 - 2000 FORD CROWN VICTORIA P -046 - 2000 FORD TAURUS P -047 - 2000 FORD TAURUS P -049 - 2000 FORD TAURUS P -051 - 2000 FORD TAURUS P -057 - 2000 FORD TAURUS P -058 - 2000 FORD TAURUS P -062 - 2000 CHEVY IMPALA P -095 - 2000 FORD CROWN VICTORIA P -100 -2001 FORD CROWN VICTORIA P -106 - 2001 FORD CROWN VICTORIA P -110 - 2001 FORD CROWN VICTORIA P -120 - 2001 FORD CROWN VICTORIA P -130 - 2001 CHEVY BLAZER P -137 - 2001 BUICK REGAL P -140 - 2001 FORD CROWN VICTORIA P -150 - 2001 FORD CROWN VICTORIA P -160 - 2001 FORD CROWN VICTORIA P -170 - 2001 FORD TAURUS P -171 - 2001 FORD TAURUS P -180 - 2001 FORD TAURUS P -181 - 2001 FORD TAURUS P -187 - 2001 FORD TAURUS P -195 - 2001 CHEVY BLAZER P -2000 - 2000 FORD CROWN VICTORIA P -222 - 2002 FORD CROWN VICTORIA P -315 - 2003 FORD CROWN VICTORIA P -316 - 2003 FORD CROWN VICTORIA P -317 - 2003 FORD CROWN VICTORIA P -418 - 2004 FORD CROWN VICTORIA P -421 - 2004 FORD CROWN VICTORIA P -422 - 2004 FORD CROWN VICTORIA P -424 - 2004 FORD CROWN VICTORIA P -425 - 2004 FORD CROWN VICTORIA P -426 - 2004 FORD CROWN VICTORIA P -428 - 2004 FORD CROWN VICTORIA P -429 - 2004 FORD CROWN VICTORIA P -424 - 2004 FORD CROWN VICTORIA P -439 - 2004 FORD CROWN VICTORIA P -513 - 2005 FORD CROWN VICTORIA P -515 - 2005 FORD CROWN VICTORIA P -516 - 2005 FORD CROWN VICTORIA P -518 -2005 FORD CROWN VICTORIA P -524 - 2005 FORD CROWN VICTORIA P -525 - 2005 FORD CROWN VICTORIA P -528 - 2005 FORD CROWN VICTORIA P -529 - 2005 FORD CROWN VICTORIA P -530 - 2005 FORD CROWN VICTORIA P -546 - 2005 FORD CROWN VICTORIA P -547 - 2005 FORD CROWN VICTORIA P -549 - 2005 FORD CROWN VICTORIA P -553 - 2005 FORD CROWN VICTORIA P -559 - 2005 FORD CROWN VICTORIA P -563 - 2005 FORD CROWN VICTORIA P -565 - 2005 FORD CROWN VICTORIA P -566 - 2005 FORD CROWN VICTORIA P -568 - 2005 FORD CROWN VICTORIA P -572 - 2005 FORD CROWN VICTORIA P -573 - 2005 FORD CROWN VICTORIA P -574 - 2005 FORD CROWN VICTORIA P -576 - 2005 FORD CROWN VICTORIA P -618 - 2006 FORD CROWN VICTORIA P -626 - 2006 FORD CROWN VICTORIA P -628 - 2006 FORD CROWN VICTORIA P -637 - 2006 FORD CROWN VICTORIA P -667 - 1996 JEEP CHEROKEE P -737 - 2007 FORD CROWN VICTORIA P -750 - 1997 PONTIAC TRANS P -754 - 2007 FORD CROWN VICTORIA P -758 - 2007 FORD CROWN VICTORIA P -804 - 1998 DODGE DURANGO P -847 - 2008 FORD CROWN VICTORIA P -854- 2008 FORD CROWN VICTORIA P -861 -1998 GMC PICK UP P -863 - 2008 FORD CROWN VICTORIA P -883 - 2008 FORD CROWN VICTORIA This is a tentative list, a limited number of vehicles may be added or deleted from the list to meet the needs of the assigned departments. Mr. Fontana moved: That the above communication from the Department of Administration, Finance, Purchase Division dated June 22, 2010, be received and filed; and That the Director of Purchase be, and she hereby is authorized to auction or scrap the above - listed vehicles for the various departments. PASSED AYES -9 NOES -0 NO. 38 SALE OF SCRAP METAL THE DIVISION OF PURCHASE SENT OUT BIDS FOR THE SALE OF IT'S SCRAP METALS, FERROUS AND NONFERROUS, TO ELEVEN (11) VENDORS AND FIVE (5) BIDS WERE RECEIVED. ALL PRICES RECEIVED ARE TO BE BASED ON THE AMERICAN METAL MARKET, PUBLISHED THE 10 BUSINESS DAY OF EACH MONTH. THE CONTRACT PERIOD FOR THE SALE OF OUR SCRAP METALS WILL BE FROM JULY 1, 2010 TO JUNE 30, 2011. THIS AGREEMENT MAY BE RENEWED FOR TWO (2) ADDITIONAL ONE (1) YEAR PERIODS, IF AGREEABLE TO BOTH PARTIES. BIDS WERE RECEIVED FROM DIAMOND HURWITZ, ED ARNOLD, MAX BROCK, METALICO, AND GERDAU. AWARD TO BE MADE AS FOLLOWS; FERROUS METAL (METALS CONTAINNG IRON): BASED ON THE ABOVE FORMULA MAX BROCK WILL GIVE US THE HIGHEST PRICE. NON FERROUS METAL (ALLOYS THAT DO NOT CONTAIN ANY APPRECIABLE AMOUNT OF IRON): BASED ON THE ABOVE FORMULA ED ARNOLD WILL GIVE US THE HIGHEST PRICE. REFERRED TO THE COMMITTEE ON FINANCE, FROM THE COMMISSIONER OF HUMAN RESOURCES NO. 39 APPOINT COMPENSATION AND BENEFITS SPECIALIST Appointment Effective: July 1, 2010 in the Department of Human Resources, Division of Compensation and Benefits to the position of Compensation & Benefits Specialist, Provisional Appointment at the Intermediate Salary of $ 46,631.00 Heather Machin, 14 Rosedale St, Buffalo, NY 14207 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 40 REQUEST TO ENTER CONTRACT 1/0 SOLUTIONS WRITTEN EXAM AND ORAL INTERVIEW ENTRY -LEVEL POLICE OFFICER ITEM NO. 36, CCP 04/03/2007 The Department of Human Resources /Civil Service Administration is in the process of planning the administration of an entry-level Police Officer written examination and selection process, which includes the oral interview. The vendor for the written examination and oral interview for Police Officer is 1/0 Solutions of Westchester, Illinois. The vendor was initially awarded a contract in 2006 with the City of Buffalo, through the RFP process, to develop and administer a police examination in compliance with orders of the United States District Court of Western New York concerning non - discrimination in testing and hiring by the Buffalo Police Department. That contract has expired. The examination developed by 1/0 Solutions has been reviewed by the United States District Court and is authorized for use by the City of Buffalo. 1/0 Solutions has the only police examination that meets Federal Court approval for use by the City of Buffalo. No other vendor may update the examination without violating copyrights. The 1/0 Solutions examination is the only available examination meeting the City's legal obligations under Federal Court order. The Department of Human Resources /Civil Service Administration respectfully requests authorization from the Common Council to enter into contract with 1/0 Solutions for the administration of the next written examination and following selection process. The proposed contract will begin as soon as possible and terminate with the expiration of the resulting eligible list, and in no event more than four (4) years. Mr. Fontana moved: That the above communication from the Department of Human Resources dated June 7, 2010, be received and filed; and That the Commissioner of Human Resources be, and she hereby is authorized to enter into contract with UO Solutions for the administration of the next written examination and following selection process. The proposed contract will begin as soon as possible and terminate with the expiration of the resulting eligible list, and in no event more than four (4) years. PASSED AYES -9 NOES -0 FROM THE BUFFALO MUNICIPAL HOUSING AUTHORITY NO. 41 TO APPROVE THE MEMORANDUM OF AGREEMENT BETWEEN THE BMHA AND LOCAL 17S, INTERNATIONAL UNION OF OPERATING ENGINEERS In accordance with Section 32 of the Public Housing Law, we respectfully request that your Honorable Body consider and approve the attached Memorandum of Agreement between the BMHA and Local 17s, International Union of Operating Engineers, that was approved by the BMHA Board of Commissioners at a special meeting held on June 30, 2010. Mr. Fontana moved: That the above communication from the Buffalo Municipal Housing Authority dated June 30, 2010, be received and filed; and That the Memorandum of Agreement between the Buffalo Municipal Housing Authority and International Union of Operating Engineers, Local 17 -S, for the contract dated June 30, 2010, be and hereby is approved and ratified. PASSED AYES -9 NOES -0 FROM THE CITY CLERK NO. 42 ITEM RETURNED TO CITY CLERK BY MAYOR WITHOUT APPROVAL OR DISAPPROVAL I hereby inform you that the following Items which were passed by the Common Council on June 8, 2010 No 4, C.C.P. June 8, 2010 - Strat Plan -Amend Lease Agmt Between Cob & Grassroots Garden- Curtiss(Fill) No 156, C.C.P. June 8, 2010 - Waiver of Band Shell Rental Fees for South Park High School Were presented to the Mayor on June 11, 2010 and returned to the City Clerk on June 22, 2010 without approval or disapproval RECEIVED AND FILED NO. 43 LEAVES OF ABSENCE WITHOUT PAY I transmit herewith notifications received by me, reporting the granting of the leaves of absence without pay, in the various departments as listed: X Police- Michael J. Bauer X Corporation Counsel- Melissa LoTempio Hoffman RECEIVED AND FILED. NO. 44 REPORTS OF ATTENDANCE I transmit herewith communications received by me, from the various boards, commissions, agencies and authorities reporting the membership attendance at their respective meetings: x Buffalo Sewer Authority RECEIVED AND FILED. NO. 46 NOTICES OF APPOINTMENTS - COUNCIL INTERNS I transmit herewith appointments to the position of Council Intern. Mr. Fontana moved the approval of the appointments to the position of Council Intern. ADOPTED. IN 4 :A I I a 197A 1 *61;0:2061 ON Chi 40119 Appointment effective June 21,2010 in the Department of Common Council. The Division of City Clerk to the position of Intern VI (dog control) Unclassified, Non Competitive wi Robert Quintana 303 Jersey Street Buffalo 14201 Patrick DiPalma 54 Buffum Street Buffalo 14210 John Fuqua 351 Moselle Street Buffalo 14211 CERTIFICATE OF APPOINTMENT Appointment effective June 28, 2010 in the Department of Common Council. The Division of City Clerk to the position of Intern VI , Unclassified, Non Competitive with the Starti Frank DiGuilio 678 Parkside Buffalo 14216 CERTIFICATE OF APPOINTMENT Appointment effective July 1, 2010 in the Department of Common Council. The Division of South District to the position of Intern VI, unclassified, Non Competitive with the Star Jeremy Rockler 175 North St #112 Buffalo 14201 NO. 46 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 SEASONAL /FLAT Appointment effective on June 17, 2010 in the Department of Strategic Planning. The Division of Real Estate to the position of Laborer II with the Starting Salary of $11.87 Perry Pope 384 Cambridge Avenue Buffalo 14215 CERTIFICATE OF APPOINTMENT SEASONAL /FLAT Appointment effective on July 1, 2010 in the Department of Public Works, Parks and Streets. The Division of Parks to the position of Laborer II with the Starting Salary of $11.87 Gary M. Augustiniak 302 Kensington Avenue Buffalo 14214 CERTIFICATE OF APPOINTMENT SEASONAL /FLAT Appointment effective on July 1, 2010 in the Department of Public Works, Parks and Streets. The Division of Parks to the position of Lifeguard with the Starting Salary of $11.87 Brittany J. Johnson 31 Marine Drive, Apt 8A Buffalo14202 Allison C. Wagner 16 Westgate Avenue Buffalo 14216 Chelsea O. Gabamonte 134 Military Road Buffalo 14207 Kayla Witherspoon 151 Kay Street Buffalo 14215 Candice J. Zglincki 81 Amber Street Buffalo 14220 Hector Reyes Jr. 869 Prospect Avenue Buffalo 14213 Taylor D. Sittniewski 149 Willett Street Buffalo 14206 Giovanni James 399 Parkdale Avenue Buffalo 14213 Erin E. O' Brien 40 Wingate Avenue Buffalo 14216 James M. Wozniak III 5 Wildwood Place Buffalo 14210 Monica L. Smithers 115 Benzinger Street Buffalo 14206 Tam T. Mai 88 Warren Avenue Buffalo 14212 Janel L. Anthony 189 Winspear Avenue Buffalo 14215 Tiffany M. Kobee 295 North Drive Buffalo 14216 Brandon E. Gozdalski 17 Folger Street Buffalo 14220 Alexander J. Walters 92 Linden Avenue Buffalo 14214 Alexander Dracup 130 Heath Street, Apt 2 Buffalo 14214 David A. Lamoureux 19 Lilac Street Buffalo 14220 Jesus E. Algarin 45 Blum Street Buffalo 14216 Timothy M. Anderson 17 Shoshone Street Buffalo 14214 CERTIFICATE OF APPOINTMENT SEASONAL /FLAT Appointment effective on July 1, 2010 in the Department of Public Works, Parks and Streets. The Division of Parks to the position of Supervising Lifeguard with the Starting Salary of $12.00 Samantha C. Schultz 529 McKinley Parkway Buffalo 14220 Elizabeth E. Honan 288 Wellington Road Buffalo 14216 Jim D. Wilkinson 83 Philadelphia Street Buffalo 14207 Melissa J. Piechowicz 467 Marilla Street Buffalo 14220 NO. 47 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 SEASONAL /FLAT Appointment effective on July 1, 2010 in the Department of Public Works, Parks and Streets. The Division of Parks to the position of Laborer II with the Starting Salary of $11.87 Maxwell E. Besch 385 Y2 Linwood Avenue Buffalo 14209 Jared A. Courier 330 Woodside Avenue Buffalo 14220 Timothy J. Conners 152 Hamburg Street Buffalo 14204 Courtney L. Fox 44 Hertel Avenue Buffalo 14207 Samuel C. Wichlacz 218 Lovering Avenue Buffalo 14216 David Moran 171 Cantwell Drive Buffalo 14220 Tarah L. Foresta 335 Sherman Street Buffalo 14212 Carl W. Reeves 26 Madison Street Buffalo 14210 Santos Gonzalesz 613 Fulton Street Buffalo 14210 Brett F. Anderson 149 Montrose Avenue Buffalo 14214 Tanzil E. Bell 252 Walden Avenue Buffalo 14211 Jacqueline Carlton 178 Oakmont Avenue Buffalo 14215 Daniel S. Clark Jr. 224 Saranac Avenue Buffalo 14216 Rahim Lopez 591 Grider Street, Apt 2 Buffalo 14215 Damian Reed- Wheeler 15 Meriden Street Buffalo 14220 Erin D. Martin- Mingo 219 Fox Street Buffalo 14211 Greta J. Rizzo 116 Gold Street Buffalo 14206 Frederick Thomas 27 Ada Place Buffalo 14208 Angel L. Torres Jr. 141 Page Street Buffalo 14207 Emma J. Hartman 169 Como Avenue Buffalo 14220 Teela Gajewski 223 Ashley Street Buffalo 14212 Robert M. Malave 164 Parkview Avenue, Upper Buffalo 14210 Felicia M. Fierabend 9 South Ryan Street Buffalo 14210 Jessica L. Geary 297 Eden Street Buffalo 14220 Venus J. Johnson 192 E. Amherst Street, Apt H4 Buffalo 14214 Otuken W. Gildo 38 Page Street Buffalo 14207 Christine Biddlecombe 348 Okell Street Buffalo 14220 Danielle M. Steele 24 Eden Street Buffalo 14220 Danetta A. Doyle 330 Sanders Road Buffalo 14216 CERTIFICATE OF APPOINTMENT SEASONAL /FLAT Appointment effective on July 2, 2010 in the Department of Public Works, Parks and Streets. The Division of Parks to the position of Supervising Lifeguard with the Starting Salary of $12.00 Marquette A. Shaw 194 Manhatten Avenue, Apt 9 Buffalo 14215 Rafeal Suarez 591 Grider, Apt 2 Buffalo 14215 CERTIFICATE OF APPOINTMENT SEASONAL /FLAT Appointment effective on July 2, 2010 in the Department of Public Works, Parks and Streets. The Division of Parks to the Position of Lifeguard with the Starting Salary of $11.87 Michael A. Rodolph 332 Wyoming Avenue Buffalo 14215 Masha A. Polk 70 Winspear Avenue Buffalo 14214 Ilon Crittenden 55 Colfax Avenue Buffalo 14215 Courtney S. Leous 180 Summer Street Buffalo 14222 Ricky Ruiz - Castro 303 Jersey Street Buffalo 14201 Brittany S. Sharpe 717 Linwood Avenue Buffalo 14209 Teonkah I. Lobley 711 Woodlawn Avenue Buffalo 14211 Shanae D. Duncan 270 Oakmont Avenue Buffalo 14215 Dominique G. Brown 6 E. Woodlawn Avenue Buffalo 14211 Julie A. Wozniak 5 Wildwood Place Buffalo 14210 Kathleen N. Battel 64 Fuller Street Buffalo 14207 NO. 48 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 6/19/2010 in the Department of Public Works, Parks and Streets, Division of Buildings to the Position of Senior First Class Stationary Engineer, Temporary Appointment at the Flat Starting Salary of $15.00 /hr Timothy M. Keenan, 77 Carlyle Avenue, Buffalo, NY 14220 NON - OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON - OFFICIAL COMMUNICATIONS NO. 49 BFLO OLMSTED PARKS CONSERVANCY HONORS TO FOUNDERS Item Available for Review in The City Clerk's Office RECEIVED AND FILED NO. 50 REMARKS TO THE BUFFALO COMMON COUNCIL RE: RESPONSIBLE TOBACCO RETAILING ACT K. MICHAEL CMNMINGS, PHD, MPH, ROSWELL PARK CANCEL" INSTITUTE JUNE 29 2010 Good afternoon. My name is Dr. Michael Cummings. I'm the Chairman of the Department of Health Behavior at Roswell Park Cancer Institute. On behalf of Roswell Park I'm hear this afternoon to urge you all to support the Responsible Tobacco Retailing Act. The proposed law fairly and appropriately sets the parameters for the sale and marketing of tobacco products in retail establishments in Buffalo and provides for the funding of an inspection program to ensure that the rules are followed by all retailers, without exception. Tobacco use causes enormous amounts of unnecessary harms and costs to the City of Buffalo and its residents and businesses. In the City of Buffalo approximately 33,600 adults currently smoke and approximately 400 adults in Buffalo die prematurely from smoldng each year. Tobacco use starts young with most people getting started in their teens. In the City of Buffalo there are approximately 2,100 kids under the age of 18 who smoke and an estimated 1,200 new Idds will try smoldng for the first time in the next year. Tobacco use is an economic drain on the City - smoking- caused healthcare costs in the City total at least $108 million last year, with smoking- caused worker productivity losses in the City totaling more than $80 million annually. Accordingly, it is in the City's best interests to reduce tobacco use and its harms as quickly as possible to the lowest possible levels. Despite both ongoing and new efforts to prevent and reduce tobacco use and its harms at federal, state and local levels, much more can be done by the City to minimize Buffalo's tobacco use harms and costs, thereby saving lives, reducing suffering, protecting the City's youth from tobacco use addiction, and reducing government, private sector and household tobacco - caused costs. One area that especially needs addressing is the marketing and sale of tobacco products at retail outlets, which remains largely free of effective requirements or restrictions to prevent youth initiation, reduce impulse purchases by tobacco users trying to quit, and otherwise decrease overall tobacco use and harms. As is evident from a trip to just about any retail outlet in Buffalo, there are simply too many tobacco products and brands available for sale, often offered at discount prices or sold loose out of the pack, with too many displays and ads which make using tobacco use appealing and safe, especially when the products are sold in places like drugstores which sell lifesaving medications at one end of the store and deadly tobacco products at the other. A Federal Court has found that tobacco companies have acted in a reckless and irresponsible manner in the way they marketed their products. With recently enacted FDA law gives local communities authority to regulate tobacco products and define the parameters by which they are sold. Since virtually all tobacco product marketing is local confined to retail outlets, it is important for communities to define what the rules should be in place for the sale and marketing of tobacco products in their community. The Responsible Tobacco Product Retailing Act will accomplish this. The proposed law will cap the number of businesses selling tobacco products at existing levels and allows for a gradual decline through attrition in the number of licensed outlets. The law also clearly defines responsible retailing of tobacco products by prohibiting any brand new tobacco sales outlets near" schools or playgrounds or in other inappropriate locations; restricting the sale of tobacco products at below- market or bargain- basement prices or with kid - attracting flavors; making tobacco product advertising less alluring to kids; and ensuring that both kids and adults are educated and reminded about the addictiveness and harmfulness of tobacco use right where the deadly products are offered for sale. At the same time, the Responsible Tobacco Product Retailing Act makes sure that retailers and manufacturers of tobacco products will still be readily able to reach their legal adult customers with relevant commercial information about the tobacco products they sell. The Act also does not require retailers that sell tobacco products in Buffalo to endorse the City's message that tobacco products are addictive and deadly and should be shunned, especially by kids. Nor does the Act charge the retailers with any new fees. Let me say this again, there are NO FEES to local retailers. Instead, all the Act requires is that the retailers that sell tobacco products to do so in accordance with the guidelines outline in the law. The manufacturers and importers of tobacco products sold in the City of Buffalo do not currently provide the City with any resources to enable the City to regulate the marketing and sale of tobacco products, so this proposed law will require tobacco product manufacturers to pay a modest permit fee for each of the brands they sell in the City to cover the costs of administering and enforcing the Responsible Tobacco Product Retailing Act and the City's other tobacco product related laws. This is not a TAX, it is a fee that will be earmarked to fully fund an inspection program to ensure that the retailing practices are understood and adhered too. Tobacco is a legal product for adults, thus, the provisions of the Responsible Tobacco Product Retailing Act allow tobacco product manufacturers, importers and sellers with reasonable and adequate ways to communicate non - misleading commercial information to their legal customers about the tobacco products they manufacture, import or sell. Minimizing tobacco use in Buffalo is an important goal for the City; but the tobacco prevention options that are legally or practically available to the City are limited. The Responsible Tobacco Product Retailing Act, however, is something the City can do to reduce tobacco use and its harms. Each element of the proposed law will help the City work toward the goal of preventing and reducing the harms caused by tobacco products. I urge you not to delay in taking action on this measure. In summary let me say that I have examined the provisions of the proposed law and believe they are sound, appropriate and completely legal. Many of the provisions of the Act are borrowed from other localities. The proposal that Councilmember Smith has drafted also includes a savings clause which simply means that if any part of Act found to be invalid or preempted all other parts will remain in effect. Attached to my remarks today are more details comments in support of the proposed law. Unfortunately, it is likely that those friendly to the tobacco industry will oppose this proposed law. I've already heard that the tobacco industry has gone around the City to urge local retailers to speak out against the proposed law, confusing some with the idea that this law will cost them money. That is a lie. Let me say it again, there are NO FEES to local retailers. In fact, the proposed law is very fair to retailers. All retailers must do is adhere to the commonsense guidelines for selling tobacco products. The rules are the same for everyone. There is not cost to the local retailer; the cost for the inspection program is borne by the tobacco industry where it should be. The tobacco industry will oppose this measure because it is a threat to the status quo where they currently set the standards for how their products are marketed in local retail stores. You can see from the pictures today, what they consider to be acceptable. The tobacco industry will tell use there is no need for the City of Buffalo to clean up tobacco marketing. That is a lie. The truth is the tobacco industry has already been convicted in federal court for irresponsible marketing of tobacco products. The tobacco industry will not change, nor will local retailers change what they do, unless they are forced to do so by the government. The tobacco industry will threaten to sue the City as they do other localities that stand have boldly stood up to protect its citizens. Do not be intimidated, by convicted racketeers, whose only goal is to make money at the City's expense. We have over 700 signatures of support for this law and Councilmember Smith has already received letters supporting this proposed Act from local, state, and national organizations that are looking towards Buffalo to stand up and do the right thing. There is no time to delay in preventing and reducing tobacco use and its harms in the City of Buffalo because every minute of delay translates directly into higher government, private sector and household expenditures and costs that come from the harm that tobacco inflicts on Buffalo. Your Corporate Counsel is already working on arrangements to ensure that the City is not faced with paying any legal costs to defend this law. Many of the provisions are already in place or being litigated elsewhere. The provisions of the proposed law that are not challenged can go into effect without delay. Delay, legal scare tactics are exactly what opponents want you to worry about. It is a smoke screen. They have no legal basis for what they claim, but they wish to keep other communities from stepping forward to do what Buffalo is doing which is to define a comprehensive set of standards for selling tobacco products. Now is the time to act, I urge you to do so. REFERRED TO THE COMMITTEE ON LEGISLATION. NO. 51 R.FONTANA ARTICLE -INFO HYDRAULIC FRACTURING Dear Mr. Chwalinski: Please file the following Artvoice article, entitled "A Pot of Gold - -or A Fracking Disaster Waiting to Happen ?" in reference to the resolution filed regarding Dangers of Hydraulic Fracturing in New York State. Sincerely, Available for review in the City Clerk's Office REFERRED TO THE CONMITTEE ON LEGISLATION. NO. 52 GBNRTC- NOTICE OF MEETING 7/7/2010 PROPOSED AGENDA PROCEEDINGS A) Pledge of Allegiance B) Roll Call C) Public Participation D) Approval of Meeting Agenda E) Approval of Meeting Minutes - June 2, 2010 ACTION ITEMS A) TIP Amendment #23: Indian Reservation Roads Funding Awards [PIN 51 R092, PIN 51 R093, PIN 51 R094] and Recreational Trails Program' Fund Award [PIN 5760.03] B) FHWA /FTA Year End Close Budget Revisions C) New Freedom Project Acceleration DISCUSSION ITEMS A) Subcommittee Reports: Transportation Projects Subcommittee B) TIP amendment for Regional Bridge Program C) TIP Development Process -some focus issues D) Route 438 - Seneca Nation study startup E) Definition and Scoping FY2010 -2011 UPWP work F) 2010 Regional Bicycle Route Guide G) TIGER 2 Program /Transportation and Livability Initiative H) Niagara -GTA Study- current alternatives and public process in Ontario STATUS REPORTS /INFORMATION A) Member Agency Reports B) Director's Report NEXT MEETING CONFIRMATION: August 4, 2010 TBD location 1 -990 North to North French Rd. Left (west) on North French Rd. Right (north) on Route 270, Campbell Blvd. Right (east) on Route 31 to Route 93 west, Upper Mountain Rd. Left(west on Route 93, then right onto Sunset Dr. across from Delphi Hq., then left at the bottom of the hill onto Niagara Street Extension. 438 Main Street. Suite 803. Buffalo. New York 14202 -3207 716- 856 -2026 Fax 716- 856- 3203 e mail: staff @gbnrtc.org web site: www.gbnrtc.org RECEIVED AND FILED NO. 63 J. GOLOMBEK- CONCERNS COUNCIL STAFF PURCHASES Dear Gerald, It has come to my attention that there has been several purchases made by the central staff of the Common Council. I am attaching one of these purchase orders to this letter. I ask that you file it, along with this letter, for discussion at the July 6 th Common Council meeting. Sincerely, Joseph Golombek Jr. North District Council Member REFERRED TO THE COMMITTEE ON FINANCE. NO. 64 C. LEWIS -INFO CLUB CHIT CHAT June 25 2010 Buffalo Common Council City Hall Buffalo, NY 14202 Dear Common Council, This letter is regarding the Chit Chat Club. Over the past several years, I have written letters to the mayor, police commissioner and state liquor authority. I have also called the district councilman and phoned in numerous noise complaints to the police. My neighbors and I have bean awakened many nights and early mornings by the patrons leaving the bar, They argue loudly, blowing horns and blaring music at 4ran, with no thought that people have to get up for work/school, or simply want to sleep peacefully through the night, Closing time is usually when all the problems escalate. Several times, I have witnessed people riding away on the roof of a ear, music blaring and horns blowing. A few months ago, the police were called to clear everyone out of the bar because of a disturbance. That someone patronizing the Chit Chat Club was murdered is very unfortunate, it is, however, no surprise. And one, final note: foe club's response to the death, they promptly instituted a happy hour! Sincerely, REFERRED TO THE COMMITTEE ON LEGISLATION NO. 66 M. LOCURTO- MEMORANDUM REQUEST FOR ACCOUNTING OF ALL MONIES ALLOCATED BY DISTRICT COMMON COUNCIL MEMBERS TO BERC'S CARE, SIGN OR OTHER PROGRAMS. I would like to file the attached letter for the next Common Council meeting to be held on July 6, 2010. ATTN: E. J. Walton Chief Financial Officer Request for Accounting of All Monies Allocated by District Common Council Members to BERC's CARE, Sign or Other Programs Gentlemen: In conjunction with the recent meeting attended by Janet Penksa on behalf of the City administration and BERC which was conducted as an update to the ongoing dissolution of BERC, please provide an accounting of all monies allocated by all Common Council Members to BERC's CARE, Sign or other programs for the last four fiscal years and the current year to date. Of concern is whether all funds were expended and if so, on what were they expended; further, do any of these funds remain unspent at this time? Upon the identification of unspent funds, if any, I will convene a meeting to discuss how these funds can now be expended or whether they will be expended for their originally intended purpose(s). If you have any questions regarding the above, please contact the undersigned at 851 -5155. Sincerely, REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 66 DEC ANNOUNCES OPPORTUNITY TO COMMENT ON PROPOSAL TO CLEAN UP AMERON SITE NY STATE SUPERFUND PROGRAM JUNE 2010 PROJECT NO. 916133 INTRODUCTION The New York State Department of Environmental Conservation (NYSDEC) invites you to comment on a cleanup proposal that will address contamination at the Ameron Site, located at 111 Colgate Avenue in Buffalo, NY. The cleanup proposal is described in a document called the Decision Document, which is available for your review at the locations listed in this fact sheet and on the DEC website. Public comments on the Decision Document will be accepted for 30 days, from June 21 - July 20, 2010. You may address written comments to the DEC project manager listed on the opposite page. Contamination at the Ameron site is being addressed under the New York State Superfimd, New York's program for addressing suspected inactive hazardous waste disposal sites. For more information on the Superfimd Program, visit http://www.dec.ny.gov/chemical/8439.html. What Does the Proposed Cleanup Plan Involve? The proposed cleanup, or remedy, for the site includes: Excavating impacted soil and properly disposing it off -site; • Treating contaminated groundwater at two locations by injecting into the ground certain chemicals that will react with contaminants and form less toxic products; and • Implementing a Site Management Plan, which includes a groundwater monitoring plan, an environmental easement to restrict the use of the site, and a soil excavation work plan. The proposed remedy represents the alternative preferred by NYSDEC and the New York State Department of Health ( NYSDOH). It was chosen following a detailed investigation of the site and evaluation of alternatives to address contamination. NYSDEC and NYSDOH believe the proposed remedy best meets the criteria for protecting human health and the environment. It calls for the removal and offsite disposal of contaminated soils and treating the groundwater. Cleanup of contaminated soils and groundwater will eliminate the possibility of human exposure to contamination both onsite and offsite. What Comes Next? Comments received during the comment period will be considered as the Decision Document for the Ameron Site is finalized. Fact sheets similar to this one will be distributed periodically to keep the public informed as the cleanup continues and project documents become available. Site Backaround The Ameron site encompasses approximately 3.2 acres in an urban setting. The site is located in a mixed use ( residential /industrial /commercial) area. From approximately 1960 to 1982 the site had been used for the production of protective coating materials involving the use of solvents and other chemicals. In 1984 Ameron discovered environmental contamination in the subsurface soil and groundwater at the west end of the main production building. Ameron entered into an Order on Consent (a legal document signed by NYSDEC and Ameron that obligated Ameron to complete activities defined in the order) to remediate the chemical release by constructing and operating a soil vapor extraction remediation system. The system operated fro 1989 to 1999. During confirmation sampling conducted by Ameron, underground storage tanks (USTs) were located near the remediated area. In 2004, Ameron removed and disposed 11 USTs, chemical residue and associated impacted soil. Contaminants of concern included polychlorinated biphenyls (PCBs), lead, and volatile organic compounds (VOCs). Who Should I Call Ifl Have Questions About the Site Should you have any question about this project, please feel welcome to contact these representatives: Environmental Questions Mr. William P. Murray, Project Manager NYSDEC 270 Michigan Street Buffalo, New York 14203 Phone: (716) 851 -7220 Health - Related Questions Mr. Cameron O'Connor, Project Manager NYSDOH 584 Delaware Avenue Buffalo, NY 14202 Phone: (716) 847 -4385 CHO01 health. state. nv.us Public interest and input in this project is valued and appreciated. To keep you informed, DEC has set up locations at which you may view project documents. These locations include: NYSDEC Reaion 9 Office 270 Michigan Avenue Buffalo, NY 14203 (716) 851 -7220 Contact: Bill Murray (please call for appointment) You may also access electronic copies of project documents at httD: / /www.dec nv.aov /chemical /54171.html Size limitations for posting documents on the web sometimes prevent electronic access to full documents. Hard copies of full documents are always available at the designated locations for viewing documents. RECEIVED AND FILED NO. 57 INACTIVE HAZARDOUS WASTE DISPOSAL SITE CLASSIFICATION NOTICE The Inactive Hazardous Waste Disposal Site Program (the State Superfund Program) is the State's program for identifying, investigating, and cleaning up sites where the disposal of hazardous waste may present a threat to public health and /or the environment. The New York State Department of Environmental Conservation (Department) maintains a list of these sites in the Registry of Inactive Hazardous Waste Disposal Sites (the "Registry"). The site identified above was recently reclassified on the Registry as a site that no longer presents a significant threat to public health and /or the environment (Class 4). See map on other side for the location of the site. The Record of Decision was signed in 1999. Elements of the selected remedy included the ex -situ bioremediation of nitrobenzene contaminated soils, encompassing an area measuring 0.9 acres. The remediation also included stabilization with a mixture of Portland cement and activated carbon in order to reduce leachability. The final site restoration activities which consisted of the excavation of mounded excess treated soils with disposal in an approved off -site area were completed in 2004. The site was then covered with two feet of clean -fill and topsoil over a demarcation layer of geotextile fabric. Deed restrictions were filed in 2005 limiting the site to industrial or commercial usage. A Site Management Plan is in place requiring maintenance of the soil cover. The remedial action taken at the site has eliminated the significant threat and Institutional Controls are in place, therefore, reclassification to 4 is appropriate. If you own property adjacent to this site and are renting or leasing your property to someone else, please share this information with them. If you no longer wish to be on the contact list for this site or otherwise need to correct our records, please contact the Department's Project Manager listed below. FOR MORE INFORMATION Additional information about this site can be found using the Department's "Environmental Site Remediation Database Search" engine which is located on the internet at: www. dec. nv. gov/ cfmx/ extapps / derexternal /index.cfin ?pageid =3 Comments and questions are always welcome and should be directed as follows: Proiect Related Questions David Locey NYS Department of Environmental Conservation Region 9 Headquarters 270 Michigan Avenue Buffalo, NY 14203 The Department is sending you this notice in accordance with Environmental Conservation Law Article 27. Title 13 and its companion regulation (6 NYCRR 375- 2.7(b)(6)(ii)) which requires the Department to notify all parties on the contact fist for this site of this recent action. RECEIVED AND FILED NO. 58 REPORTS ON ENVIRONMENTAL INVESTIGATION AND CLEANUP ALTERNATIVES AT FORMER BUFFALO CHINASITE AVAILABLE FOR REVIEW Brownfield Cleanup Program Project No. C915209 June 2010 Introduction The New York State Department of Environmental Conservation (DEC) would like to inform the public that reports about the environmental investigation and possible cleanup options at the Former Buffalo China site, located at 51 Hayes Street in Buffalo, are available for review. The reports describe the specific investigation techniques, findings, and remedial alternatives to address volatile organic compound (VOC) and lead contamination at the site. The reports, called the Remedial Investigation (RI) Report and Alternatives Analysis Report (AAR), are available for public review at the locations listed in this fact sheet and the DEC website (see opposite page for web address). Work at the site is being performed by Buffalo China, Inc. under New York State's Brownfield Cleanup Program (BCP). The goal of the BCP is to facilitate private- sector cleanup of brownfields. Brownfields typically are former industrial properties where redevelopment or reuse may be complicated by the presence or potential presence of contamination. More information on brownfields and the BCP is available on DEC's website at http://www.dec.nv.gov/chemical/8450.html. Description of the Investiaation Results Detailed in the Report The RI Report documents the environmental investigation that was completed at the site between August 2007 and July 2009. The RI confirmed that contaminants of concern at the site consisted of chlorinated VOCs in soil and groundwater, and metals in site soils. The chlorinated VOC contamination was identified in both overburden and bedrock groundwater at both on- and offsite locations. For more information about the investigation, please consult the full RI Report. Description of Cleanup Alternatives Detailed in the Report The AAR provides an evaluation of remedial alternatives to address the groundwater and soil contamination at the site. Criteria such as protection of public health, difficulty of implementation, and short- and long -term effectiveness were used to evaluate the potential cleanup alternatives. Cleanup options to address both on and offsite groundwater contamination include: Monitored natural attenuation (monitoring groundwater conditions as the contaminants naturally degrade over time with no active remediation); • In -situ groundwater treatment (treating contaminated groundwater in place, rather than extracting it first for treatment) by biological and chemical methods; and • Collection and treatment of groundwater The remedial alternatives to address the onsite soil contamination include: Excavation and offsite disposal of contaminated soils; Monitored natural attenuation of site groundwater; and Institutional and engineering controls to prevent exposure of contaminated soils that remain in place. An institutional control is a legal restriction on the use of the site, established when contamination left over after the cleanup prevents some reuses of the site. An engineering control is a physical barrier or method to manage contamination. For more information on the evaluations of individual alternatives, please consult the AAR. What is the Next Step? The RI Report concludes that cleanup work is necessary to address the chlorinated VOC contamination in the soil and groundwater. The AAR identifies and evaluates alternatives that could be used to clean up (remediate) the contamination. After selecting the appropriate alternative, Buffalo China will develop a Remedial Work Plan that must be approved by NYSDEC before cleanup work begins. The public will be given the opportunity to review this report and provide comments prior to NYSDEC's approval of the cleanup plan. NYSDEC win continue to notify the public about future site developments through fact sheets similar to this one. The Former Buffalo China site has historically been the location of china and mirror manufacturing. The site, which is currently owned and operated by Niagara Ceramics Corp., comprises approximately 8 acres and is bounded on the north by Conrail railroad tracks, on the east by the adjoining former Buffalo China Warehouse and other commercial /industrial facilities, and on the south and west by residential properties. The nearest body of water is the Buffalo River, located approximately % mile south and east of the site. Environmental investigations have identified that the site's soil and groundwater have been impacted by VOCs and lead, and the VOC contamination in the groundwater has migrated off site. The DEC has determined that this contamination poses a significant threat to the environment. Who Should I Contact If I Have Questions About the Site? Project related questions: Christine Barton CRA 285 Delaware Ave, Suite 500 Buffalo, NY 14202 (716) 856 -2142 cbartou— bcraworld.com Environment related auestions: Linda Ross NYSDEC 270 Michigan Avenue Buffalo, NY 14203 (716) 851 -7220 reaion90aw. dec. state. nv.0 s Health questions: Cameron O'Connor NYS Department of Health 585 Delaware Avenue Buffalo, NY 14202 (716) 847 -4385 cho01 0 health. state. nv. us Locations to View Public Documents Public understanding and involvement are important to the success of New York Brownfields programs. To keep you informed, the NYSDEC has established the following locations where you can view project documents: East Clinton Branch Library OR NYSDEC Buffalo Office 1929 East Clinton Street 270 Michigan Avenue Buffalo, NY 14206 Buffalo, N.Y. 14203 Phone: (716) 823 -5626 (716) 851 -7220 (Please call for appointment.) You may also view electronic copies of project documents at http: / /www.de.ny.gov /chemical /52695.html. RECEIVED AND FRLED PETITIONS NO. 59 T. ALNAJI, AGENT, USE 958 EAST FERRY FOR A POLE SIGN (MASTEN)(NO PUB HRG) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 60 J. VOARUEZ& OTHERS -REQ NYS LIQUOR AUTHORITY TO REVOKE LICENSE CLUB CHIT CHAT -1048 CLINTON ST (FILL) We the residents of Franczyk Park Community, located in the Fillmore District of the City of Buffalo petition the NYS Liquor Authority to revoke the license of Club Chit Chat. The said club is located at 1048 Clinton St, Buffalo, NY 14206. Due to the recent acts of violence that have transpired at Club Chit Chat. , I the undersigned support the members of the Community in having the NYS Liquor Authority revoke the above license REFERRED TO THE COMMITTEE ON LEGISLATION REGULAR COMMITTEES CIVIL SERVICE (BONNIE E. RUSSELL, CHAIRPERSON) NO. 61 APPT SENIOR ACCOUNTANT (PROV)(2 STEP)(WACHOWSKI)(COMPT) (CCP# 15, 6/22) Mrs Russell moved That Communication of 15 of June 22, 2010, be received and Filed and that the Provisional appointment of Ronald L. Wachowski, 134 Weimer Street, Buffalo, NY 14206 at the Second Step of $44,834.00 is hereby approved. PASSED AYES -9 NOES -0 NO. 62 APPT ASSISTANT WTR DISTRIBUTION SUPERINTENDENT(PERM)(INTER) (CCP# 29, 6/22) Mrs Russell moved That Communication of 29 of June 22, 2010, be received and Filed and that the Permanent appointment of Michael Wolasz, Jr. 22 Woodley, Buffalo, NY 14215 at the Intermediate Salary of $50,717.00 is hereby approved. PASSED AYES -9 NOES -0 NO. 63 NOTICES OF APPOINTMENTS - TEMP /PROV /PERM(CTY CLK) CCP# 42, 6/22 Mrs Russell moved That the above item be the same and hereby is Received and Filed ADOPT FINANCE (MICHAEL P, KEARNS, CHAIRMAN) NO. 64 LEASE AGREEMENT - NORTH BUFFALO COMMUNITY DEVELOPMENT CORPORATION LAFAYETTE ICE RINK (ITEM NO. 6, C.C.P., JUNE 22, 2010) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. K —s moved: Mr. Kearns moved that the above item be recommitted to the Committee on Finance ADOPTED NO. 65 LOWERING CITY ENERGY COSTS - FLUORESCENT LIGHTING CCP# 20, 6/22 Mr. Kearns moved That the above item be the same and hereby is Received and Filed ADOPT NO. 66 PERMISSION TO ENGAGE SERVICES - CONSULTING ENGINEER - GROUNDWATER MONITORING (ITEM NO. 21, C.C.P., JUNE 22, 2010) That the Commissioner of Public Works, Parks & Streets be, and he hereby is authorized to hire Malcolm Pirnie as consultant to provide engineering services for post continuing groundwater monitoring and wetland mitigation. Funds for this project are not expected to exceed $150,000.00 and are available in Capital account 31310906 445100. PASSED AYES -9 NOES -0 NO. 67 CLAIMS AGENDA - JUNE 30, 2010 ITEM NO. 31, C.C.P., JUNE 22, 2010) That the above item be, and the same hereby is returned to the Common Council without recommendation Mr. Kearns moved: Personal Injury A -1 Ysolina Rossi $3,000.00 A -2 Rosetta Swain $15,000.00 Property, Damage B -1 Antoinette Moore $20.00 B -2 Mark Robinson $1,500.00 B -3 Travelers Insurance Co a /s /o Michael Wydra $680.12 B -4 Edwin Valentin $90.00 Miscellaneous Invoices C -1 Allstate Insurance Company a /s /o Dorien Facen $300.40 C -2 Dr. Daniel A. Castellani, M.D. $2435.00 C -3 Verizon Wireless $129.73 Miscellaneous Reimbursement D -1 Kimberly A. Bobo $130.00 That checks be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current Fiscal Year, payable to the respective claimants or plaintiffs and their attorneys, if any, herein above named, in the amounts set opposite their names and delivered to them upon execution and delivery to the Corporation Counsel of proper releases and dosing papers. PASSED AYES -9 NOES -0 NO. 68 INTERFUND CASH LOAN (ITEM NO. 36, C.C.P., JUNE 22, 2010) That the Comptroller be, and he hereby is authorized to make an interfund cash loan from the General Fund to the City's Capital Projects Fund in the amount of $1,000,000 for 2449 Efficiency Grant. The loan is payable at date of reimbursement. PASSED AYES -9 NOES -0 NO. 69 M. KEARNS- ARTICLE - GRANTS & FINANCIAL INCENTIVES AVAILABLE TO UPGRADE SOLID WASTE FLEET CCP# 52, 6/22 Mr. Kearns moved tat the above item be recommitted to the Committee on Finance ADOPTED NO. 70 BUDGET AND PERSONNEL AMENDMENT 05- DEPARTMENT OF LAW 1052 -ADMINISTRATIVE ADJUDICATION (ITEM NO. 100, C.C.P., JUNE 22, 2010) That the Budget and Personnel Amendment as contained in Item No. 100, C.C.P., June 22, 2010 be and the same hereby is approved. PASSED AYES -9 NOES -0 NO. 71 BUDGET AND PERSONNEL AMENDMENT 03- EXECUTIVE DEPARTMENT 1509 - STRATEGIC PLANNING (ITEM NO. 101, C.C.P., JUNE 22, 2010) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Kearns moved: That the Budget and Personnel Amendment as contained in Item No. 101, C.C.P., June 22, 2010 be and the same hereby is approved. PASSED AYES -9 NOES -0 NO. 72 CONTRACT WITH BUFFALO MUNICIPAL HOUSING AUTHORITY FOR THE PROVISION OF SUPPLEMENTAL BUFFALO POLICE SERVICES AT AUTHORITY PROPERTIES (ITEM NO. 46, C.C.P., JUNE 8, 2010) (ITEM NO. 72, C.C.P., JUNE 22, 2010) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Kearns moved that the above item be recommitted to the Committee on Finance ADOPTED AYES — FONTANA, FRANCZYK, HAYNES, KEARNS, LOCURTO, RIVERA - 6 NOES — GOLOMBEK, RUSSELL, SMITH - 3 NO. 73 CITY OWNED BUILDING EVALUATION AND REMEDIATION(EXC 1 sT &. 2 " D RES) CCP# 74, 2/16 Mr. Kearns moved That the above item be the same and hereby is Received and Filed ADOPT NO. 74 LOWERING CITY ENERGY COSTS BY SWITCHING OVER TO COMPACT FLUORESCENT LIGHTING (EXC 1 ST &2 "A RES) CCP# 93,11/19 Mr. Kearns moved That the above item be the same and hereby is Received and Filed ADOPT NO. 75 REPORT OF SALE - 136,138 BEST, 66,69 EDNA, AND 1152 MICHIGAN (ITEM NO. 12, C.C.P., SEPT. 1, 2009) That the offer from 1238 Group, LLC, 210 Ellicott Square, 295 Main Street, in the sum of Twenty Thousand and Three Hundred Dollars ($20,300.00) for the purchases of 136, 138 Best, 65, 69 Edna, and 1152 Michigan, be and they hereby are accepted; and That the transfer taxes, recording fees and cost of legal descriptions shall be paid by the purchaser; and That the Executive Director, Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of titles and that the Mayor be authorized to execute the same. PASSED AYES -9 NOES -0 COMMUNITY DEVELOPMENT (MICHAEL J. LOCURTO, CHAIRMAN) NO. 76 D. ELFNER -NYS DEPT OF PUB. SERV.= "ENERGY EFFICIENCY: USE LESS ENERGY. SAVE GREEN" PUBLIC AWARENESS CAMPAIGN (#49,6/22) That the above item be the same and hereby is Received and Filed. ADOPTED NO. 77 D. SMITH - BUFFALO SCHOOL PARENTS RECOMMEND CHANGES FOR SUSPENSION POLICY ( #60, 6/22) That the above item is hereby referred to the Special Committee on Education. ADOPTED NO. 78 B .O'GRADY- RESP BANK OF AMERICA CLOSING BROADWAY BRANCH (#42, 2/2) That the above item be the same and hereby is Received and Filed. ADOPTED NO. 79 M. LOCURTO- COMMENTS CANAL SIDE DRAFT ENV IMPACT STATEMENT (#47, 10/27) That the above item be the same and hereby is Received and Filed ADOPTED NO. 80 D. SMITH -F. LUCCA -REQ APPROVAL OF ENVIRONMENTAL IMPACT STATEMENT ( #56, 2/17) That the above item be the same and hereby is Received and Filed. ADOPTED LEGISLATION (JOSEPH GOLOMBEK JR., CHAIRMAN) NO. 81 P. TSOURLIOIS -, 708 ELMWOOD - ALTER FAGADE OF BUILDING AND REBUILDING EXISTING OUTDOOR CARE (ITEM NO. 61, C.C.P., JUNE 22, 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 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 Patti Tsouflidis, owner, located at 708 Elmwood to rebuild an existing 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. 82 T. FLYRM, PETITION TO USE 1175 WILLIAM - OUTDOOR SIGN (ITEM NO. 62, C.C.P., JUNE 22, 2010) That the petition of T. Flynn, agent, for permission to use 1175 William for a 7' by 11' L- shaped lighted masonry ground sign be, and hereby is approved. PASSED AYES -9 NOES -0 NO. 83 LANDMARK DESIGNATION - "GENESEE GATEWAY HISTORIC DISTRICT (ITEM NO. 54, C.C.P., JUNE 8, 2010) That after the public hearing held before the Committee on Legislation on June 29, 2010, the "Genesee Gateway Historic District" to include the properties on the south side of Genesee Street between Ellicott and Oak Streets, including 85 -89, 91 -95, 97, 99, 101 -103, 105 -107, 109, 111, 113 -125 Genesee Street be designated as a local historical preservation district, pursuant to Article HI, Section 337 -7 through 8 of the Preservation Standards of the Buffalo City Code; and That this designation is made upon due consideration of the reports and for the reasons set forth in the reports of the Buffalo Preservation Board; and That the Secretary of the Preservation Board be, and hereby is directed to file a description of the historic district with the City Clerk, the Planning Board, the Director of the Division of Planning and with the Department of Public Works; and That the Petitioner is directed to file a description or map of the property with the Erie County Clerk's Office. PASSED AYES -9 NOES -0 NO. 84 ELLICOTT ST GATEWAY PROJECT -TWO ADDITIONAL POTENTIAL PARCELS (EI1)(PW) ( #11, 1/19)( #62, 2/2) That the above item be the same and herby is Received and Filed. ADOPTED NO. 85 FOOD STORE LICENSE - 1360 FILLMORE (ITEM NO. 47, C.C.P., JUNE 8, 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. 86 FOOD STORE LICENSE- 1426 FILLMORE (ITEM NO. 12, C.C.P., MAR. 2, 2010) (ITEM NO. 70, C.C.P., MAR. 16, 2010) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Golombek moved: Mr. Golombek moved that the above item be recommitted to the Committee on Legislation ADOPTED NO. 87 L. KOSTEK- VARIOUS LETTERS OPPOSING 294- 298HUDSON ST (#43,12/22) That the above item be the same and herby is Received and Filed. ADOPTED NO. 88 L. KOSTEK- NEIGHBORS CONCERNS-"BAKER COMMONS "294 -302 HUDSON ST (#41,11/24)(#61,12/22) That the above item be the same and herby is Received and Filed. ADOPTED NO. 89 D. RIVERA- PAPERWORK NEEDED FOR COUNCIL APP. ACQUISITION 294- 302HUDSON ( #51, 12/8) That the above item be the same and herby is Received and Filed. ADOPTED NO. 90 S. SIMEON -REQ ASSISTANCE TO FINALIZE ACQUISITION OF294- 302HUDSON ( #52,12/8) That the above item be the same and herby is Received and Filed. ADOPTED NO. 91 LICENSING OF RETAILERS THAT SELL TOBACCO PRODUCTS (ITEM NO. 106, C.C.P., FEB. 2, 2010) That the Department of Law draft an ordinance that would require all retailers of tobacco and tobacco products obtain a nontransferable license, and pay an annual fee which would cover the city expenses for implementation, administration, monitoring and enforcement; and That the ordinance contain language requiring all outlets selling tobacco products to post visible health warnings and information about cessation services at the point of sale, that all tobacco advertising be black lettering on white paper, that tobacco products not be advertised or visibly displayed outside of the store and that no licenses shall be issued to mobile vendors; and That stiff fines be placed on retailers that violate the ordinance and that a provision for revocation of a tobacco sales license be included in the ordinance. PASSED AYES -9 NOES -0 NO. 92 E. MAURO, AGENT, USE 928 BROADWAY - ALTER 1 STORY MASONRY TO HSF (FILL)(NO PUB HRG) ( #59, 11/24) That the above item be the same and herby is Received and Filed. ADOPTED RESOLUTIONS NO. 93 SPONSORED BY: COUNCILMEMBER FONTANA RE: DANGERS OF HYDRAULIC FRACTURING IN NEW YORK STATE Whereas A recent advance in techniques for extraction of natural gas from shale rock beds called hydraulic fracturing, or "tracking" has caused environmental and safety concerns across the country; and Whereas Widely reported negative effects of (racking include release of methane gas and dangerous chemicals and carcinogens into wells and other public water supplies; and Whereas Research investigating the specific risk and benefit of hydraulic fracturing procedures is lacking, with EPA study results projected for 2012; and Whereas Companies engaged in (racking operations remain largely unregulated by federal or state governments and exempted ; and Whereas The recent BP Gulf oil spill indicates that unregulated industrial procedures may result in catastrophic negative environmental impacts; and Whereas New York State is scheduled to begin issuing permits for hydraulic fracturing operations in August 2010 on the Marcellus Shale; and Such operations may potentially cast negative environmental impacts upon the residents of the City of Buffalo. Now, Therefore, be it Resolved: The Common Council of the City of Buffalo hereby urges Governor David A. Paterson and the State of New York to issue a Moratorium suspending hydraulic fracturing operations in New York State until such time that the Environmental Protection Agency provides specific details on the dangers and possible environmental impacts of such operations. ADOPTED NO. 94 BY MR. FONTANA EXPLORING NEW WAYS TO DEAL WITH BUFFALO'S PROBLEM PROPERTY CRISIS WHEREAS, Many Buffalo neighborhoods are struggling with declining home values, rates of owner occupancy, and a lower quality of life for residents as a result of problems attributable to problem property owners and irresponsible tenants; and WHEREAS, Problem property owners and tenants are often connected with serious crimes such as gang activity, violence, prostitution, drug use, drug dealing, and child or animal abuse and neglect; inconsiderate behavior such as loud music, frequent parties, and unsecured animals; and creating or failing to prevent housing /building code violations relating to garbage, junk, high grass, vermin, chipping paint and broken windows that make homes an eyesore or leave them structurally unsound; and WHEREAS, Neighboring residents, block clubs and community groups are doing their part by bringing these problems to the attention of complaint centers such as the City's Inspections Division, Police Department, 311 Call and Resolution Center, Erie County Department of Health and calling 911. They often become discouraged however because it seems that few of their complaints lead to prompt issuance of a summons or ticket, and even fewer result in a conviction, eviction, or related penalty to the party at fault; and WHEREAS, Law enforcement, inspectors and the Courts do an admirable job of addressing the large numbers of complaints they receive, however their limited budgets and staffing levels, and legal and logistical impediments to getting problem properties into Housing Court and handling them once there, make it difficult to address problem as quickly as community stakeholders would like; and WHEREAS, One thing is clear: there is no "silver- bullet" solution to Buffalo's problem property crisis. However, through collaboration, it is possible for the various government agencies and community groups responsible that deal with problem properties to supplement, expedite and stream -line their processes to ensure that the responsible owners and tenants are quickly and harshly dealt with. This will require both identifying ways to improve the process within our current federal, state and local legal framework and potentially enacting new laws as well; and WHEREAS, Undertaking a thorough review of current staffing, funding levels, and the organizational structure of the City's Law Department, Inspections Division, Housing Court and other departments that deal with problem properties could result in a greater synergy of their efforts and development and identification of more effective and efficient strategies; and WHEREAS, The effectiveness of programs that provide homeowners with assistance in addressing code violations should be evaluated to determine whether they are being effectively marketed, funded at appropriate levels, and money is reaching the most financially needy homeowners through the low -cost loans, grants and /or related assistance so that repairs are made before homes deteriorate to the point they are foreclosed upon, condemned or require costly demolition; and WHEREAS, Government cannot solve this problem alone, so strategies and funding for cultivating community awareness and educating residents and community groups on their role, and that of the City, County and Courts, in the Code enforcement and housing court process, should be reviewed to maximize the involvement of local stakeholders. One strategy that should be considered is compiling and making available to the public a comprehensive, yet easy to understand guide to housing /building codes such as the Property Maintenance Code of New York State, relevant Erie County and New York State health codes, and applicable City ordinances. This information could be made available to the public at minimal cost to the City on the landing page of our website and in hardcopy form at all public libraries; and WHEREAS, The City's fine and penalty schedules for housing /building code violations and related offenses should be reviewed, at a minimum, on a yearly basis to ensure that we are providing a strong and effective deterrent to potential problem property owners and tenants and generating sufficient revenue to fired educational and homeowner assistance programs. WHEREAS, The City and its partners in local government should seriously explore the creation of a shared, comprehensive database that would aid in identifying, cataloguing and tracking problem properties, owners, and tenants and make sure that the worst problem properties are made priorities for action. Information could be entered into the database whenever complaint centers receive, affidavits are filed with the court or tax liens and court orders /judgments are issued. A shared database would ensure quicker and more effective identification, cross - referencing, and prioritizing of properties for inspections and judicial intervention, and could lead to more frequent application of such valuable tools as New York State's Bawdy House Law, which allows for expediting and compelling the eviction of certain problem tenants; and WHEREAS, The City and /or County should also look closely at the possibility of mandating registration or licensing of property managers that are utilized by mortgage banks and out -of -town property owners to verify that they have the means and expertise to maintain their properties in compliance with Code requirements. This type of policy could also prove useful in maintaining up -to -date contact information for property owners; and NOW THEREFORE BE IT RESOLVED, That the City of Buffalo Common Council hereby declares a problem property crisis in the City of Buffalo; and BE IT FURTHER RESOLVED, That both individually, and collaboratively with our partners in City government, the County and the Courts, the Common Council is committed to exploring new ways to supplement, strengthen, expedite and /or stream -line the process by which problem properties, property owners, tenants and mortgagees are dealt with; and BE IT FURTHER RESOLVED, That the City of Buffalo Common Council shall create a Special Committee on Problem Properties to provide a venue for citizens, community groups and City, County, and Housing Court officials to discuss problem property issues in the City of Buffalo and consider best practices being utilized elsewhere to develop logistically, legally, and financially realistic policies for the City &Buffalo moving forward; and BE IT FINALLY RESOLVED, That the City Clerk shall forward certified copies of this resolution to the Mayor; the Commissioner of Economic Development, Permits, & Inspections; the Acting Corporation Council; the Acting Police Commissioner; the Clerk of the Erie County Legislature, the Erie County Health Department Commissioner; and the City of Buffalo Housing Court Judge. ADOPT RESOLVES REFER THE REMAINDER TO THE COMMITTEE ON LEGISLATION BY: MR. FONTANA AND MR. FRANCZYK NO. 95 ORDINANCE AMENDMENT CHAPTER 511, ZONING The Common Council of the City of Buffalo does hereby ordain as follows: That Chapter 511 of the Code of the City of Buffalo be amended to read as follows: ARTICLE XIV M2 General Industrial District (§ 511 -47 -- § 511 -50) § 511 -47 Applicability. The following regulations shall apply in the M2 General Industrial District. § 511 -48 Permitted uses. Permitted uses shall be as follows: A. Any use permitted in the M1 District, but not including any school, hospital or other institution for human care except when incidental to a permitted principal use and not including any dwelling, except for a watchman or caretaker, shall be permitted in the M2 District. Requirements of this chapter for enclosed building or fences shall be waived except as hereinafter specified. B. The following uses shall also be allowed: (1) Boilermaking, structural steel or pipe works, foundries, drop hammers, locomotive or railway car manufacturing, railroad roundhouse shop, rail classification yards and ship building and repair. (2) Brewing and distilling of beer, ale or liquors. (3) Central station light or power plant. (4) Concrete mixing plant; rock or stone crusher, rock quarry; manufacture of structural clay products. (5) Grain elevator, flour mill or cereal manufacture; cattle, dog or poultry feed manufacture, except from refuse mash or refuse grain; malt manufacture. (6) Flammable liquids when approved by the Fire Department: underground storage only and not to exceed 50,000 gallons when of Class I or Class II; above - ground storage when not of Class I or Class II. (7) Junkyard, including auto wrecking or dismantling, subject to the requirements of Chapter 254, Junk Dealers and Pawnbrokers, of the Code of the City of Buffalo. (8) Manufacture and storage of acetylene gas (in excess of 15 pounds' pressure per square inch), acid (noncorrosive), ammonia, asbestos, bleaching powder, chlorine, dextrine, disinfectant, enamel, fungicide, glucose, insecticide, lacquer, linoleum, oilcloth, paint, paper and pulp, perfume, potash, printing ink, shellac, starch, turpentine or varnish, or grinding colors by machine; manufacture, refining or distillation of asphalt, carbon, coal (including by- products), coke, creosote (including treatment), gas and tar. (9) Manufacture of babbitt metal or other nonferrous alloys. (10) Manufacture or processing of meat products, but not including operation of an abattoir or rendering of grease, tallow or fats; poultry or rabbit slaughterhouse, including packing or storage for wholesale purposes. (11) Manufacture of pickles, sauerkraut, vinegar, yeast, soda or soda compounds. (12) Metal plating works, electrolytic or hot -dip process. (13) Planning mill, sawmill or woodworking mill. (14) Raw hides or skins, storage, curing or tanning. (15) Any use equivalent to the above, but not including any use first permitted or specifically prohibited in the M3 District or any use which is or may become hazardous, noxious or offensive in the M2 District by reason of the emission of odor, dust, smoke, cinders, gas, fumes, noise, vibration, refuse matter or water - carried waste. (a) Abattoirs in an urban renewal area for which an urban renewal plan has been duly approved pursuant to the provisions of Article 15 of the General Municipal Law; provided, however, that said urban renewal plan contains performance standards covering abattoirs which are more restrictive than the provisions of this chapter. (16) Accessory uses and structures. (17) Concrete crushina is specifically prohibited in the M2 Zonina Classification. Concrete crushina includes the cuttina. arindina —. pulverization or other destruction or breakdown of finished concrete or concrete slabs. § 511 -49 Height restrictions. A. The maximum height shall be 1 1/2 times the horizontal distance from the building portion to the opposite side of the street. B. Exceptions to height regulations are provided for in § 511 -113. § 511 -50 Lot, area and yard requirements. A. The yard requirements in the M2 District shall be the same as in the M1 District in the case of any commercial or industrial building. B. Exceptions to area regulations are provided for in § 511 -114. NOTE: Matter underlined is new, matter in brackets is to be deleted. Approved as to form DAVID RODRIGUEZ ACTING CORPORATION COUNSEL By: Timothy A. Ball Assistant Corporation Counsel REFERRED TO THE COMMITTEE ON LEGISLATION NO. 96 BY: MR. GOLOMBEK TRAILBLAZING SIGN REQUEST FOR CPL. BERNARD G. HITRO JR. Whereas: Trailblazing signs, otherwise known as honorary street names, are generally assigned to honor and commemorate noteworthy persons associated with the City of Buffalo; and Whereas: CPL Bernard "Bernie" Hitro grew up in the Riverside section of the City of Buffalo; and Whereas: As a student - athlete, he was known for catching the deciding touchdown that won the 1965 Harvard Cup for Riverside High School; and Whereas: After his graduation from Riverside High School, CPL Hitro was inducted into the Army, furthermore he was forward deployed to South Vietnam; and Whereas: On January 10, 1969, CPL. Hitro and his platoon were dispatched to gather intelligence on North Vietnamese soldiers, such as their position and strength level; and Whereas: CPL Hitro's unit was ambushed by the enemy soldiers that they were searching for; and Whereas: Despite heavy fighting and with disregard for his own safety, CPL Hitro retrieved and carried to a safe position one of his brothers -in -arms; and Whereas: As CPL Hitro returned to a fighting position after conducting this selfless act, a rocket propelled grenade hit his rifle and exploded in his chest killing him; Whereas: The Citizens of Riverside have requested that this Honorable Body place a trailblazing marker up at the intersection of Eckhert Street and Esser Avenue as a reminder of CPL Hitro's selfless act of service to his country, and to his brothers -in -arms; Now, Therefore be it Resolved: That the Common Council joins with the citizens of the City of Buffalo and members of Hitro family in expressing its sincere appreciation to CPL Bernard G. Hitro Jr. for his dedication and commitment to the freedom of the citizens of the United States; and Be it Further Resolved: That the Common Council of the City of Buffalo does hereby approve the request to place a trailblazing marker at the intersection of Eckhert Street and Esser Avenue in honor of CPL Bernard G. "Bernie" Hitro Jr. ADOPTED NO. 97 BY MR. GOLOMBEK TRAILBLAZING SIGN REQUEST FOR SGT. FRANK J. A. WORLD Whereas Trailblazing signs, otherwise known as honorary street names, are generally assigned to honor and commemorate noteworthy persons associated with the City of Buffalo; and Whereas Sgt Frank World grew up on the west side of Buffalo before moving to the city's Riverside section; and Whereas After graduating from the Riverside Institute of Technology, he followed in his father and uncle's footsteps by joining the United States Marine Corps; and Whereas As part of his commitment to the United States Marine Corps, Sgt World had been deployed in Support of Operation Iraqi Freedom in both 2004 and 2008; and Whereas In 2010, Sgt. World once again answered his country's call by deploying to Afghanistan in support of Operation Enduring Freedom as an infantryman with LAR Alpha Company, Second Marine Division ; and Whereas On April 1, 2010, Sgt World paid the ultimate sacrifice for his country when he lost his life in an explosion of an improvised explosive device; and Whereas To pay tribute to the life, courage and sacrifice, the citizens of Buffalo have requested that this Honorable Body place a trailblazing marker up at the intersection of Skillen Street and Wyandotte Avenue as a reminder to all of the true cost of freedom; Now, Therefore be it Resolved: That the Common Council joins with the citizens of the City of Buffalo and members of World family in expressing its sincere appreciation to Sgt Frank J. A. World for his dedication and commitment to the freedom of the citizens of the United States; and Be it Further Resolved: That the Common Council of the City of Buffalo does hereby approve the request to place a trailblazing marker at the intersection of Skillen Street and Wyandotte Avenue in honor of Sgt. Frank J. A. World. ADOPTED NO. 98 SPONSORED MICHAEL J. LOCURTO RE: 2010 GREATER BUFFALO ITALIAN HERITAGE AND FOOD FESTIVAL Whereas: The North Buffalo Community Development Corporation, Hertel -North Buffalo Business Association, and the West Side Business and Taxpayers Association, Inc. have requested permission to again, jointly conduct the Greater Buffalo Italian Heritage and Food Festival from July 15 through July 18, 2010, on Hertel Avenue; and Whereas: These groups are also requesting that Hertel Avenue be closed to vehicular traffic between Delaware and Colvin Avenues during the above dates, and that cross streets between Colvin and Delaware Avenues, and also Linden and Tacoma between Delaware and Colvin Avenues, be designated festival areas; and Whereas: This festival will be a major expression of Italian Heritage which includes culture, customs, and foods and will once again attract people from hundreds of miles away; and Whereas: The Italian Festival Committee will continue the significant changes that were made in 2002 in an effort to focus more on Italian Heritage. The changes are as follows: 1. The festival will run from Thursday, July 15, 2010, to Sunday, July 18, 2010 (4 days) 2. The hours of operation will be from 11:00 AM to 11:00 PM on Thursday, Friday, and Saturday, and from 11:00 AM to 10:00 PM on Sunday 3. The Festival Committee shall control the area bounded by Delaware Ave. from Linden to Tacoma Ave., Tacoma Ave. from Delaware Ave. to Colvin Ave. From Tacoma Ave. to Linden Ave., Linden Ave. from Colvin Ave. to Delaware Ave. 4. Within the above area, the festival will operate from just west of Virgil Ave. to just east of Crestwood Ave. shortening the operating area by approximately three blocks. 5. All large amusement rides and games of chance will be eliminated. 6. Where and when possible, all residents and businesses on Hertel Ave. between Delaware Avenue and Virgil Avenue will have access to their property. The Festival Committee will maintain the increased level and presence of security throughout the area agreed to by you and the Festival Board. 7. Electrical power provided by private source will eliminate large and noisy diesel generators with whisper quiet electrical generators which eliminate all hazardous wires criss- crossing the street. The Festival Committee will be eliminating most non -food vendors thereby re- focusing our attention on ethnic and cultural areas. Now Therefore Be It Resolved: The North Buffalo Community Development Corp., Hertel -North Buffalo Business Association and the West Side Business and Taxpayers Association Inc. are hereby granted Permission to jointly conduct the 2010 Greater Buffalo Italian Heritage and Food Festival subject to the following conditions: 1. The Festival shall be conducted on Hertel Avenue from July 15, through July 18, 2010, between the hours of 11:00 AM and 11:00 PM, except Sunday when hours are 11:00 AM to 10:00 PM with Tuesday July 13, 2010 after 6:00 PM and Wednesday, July 14, 2010 to be used only as set up days, and Monday, July 19, 2010, to be used only as a breakdown day with traffic to recommence by 6:00 AM of that day; 2. Hertel Avenue, between Crestwood and Tennyson Avenues, shall be closed to vehicular and bicycle traffic, and dogs and other animals shall be prohibited during the festival. In addition, cross streets bounded by Colvin, Linden, Delaware, and Tacoma Avenues, including those boundary streets, shall be part of the festival area subject to its rules and regulations. Permitees with the cooperation of and at the direction of the Police department will furnish and locate barriers to be placed at the beginning time of the festival and to be removed at the end of the festival; 3. That the city -owned residential area parking lot, located behind 1180 Hertel shall be closed to general use and shall be reserved solely for those residents of Hertel Avenue residing within the festival area, and this restriction shall be enforced strictly by the city and festival committee; 4. That the festival committee be, and hereby is, authorized to erect appropriate banners and fittings on street lamp posts on Hertel Avenue from the easterly side of Colvin Avenue to the westerly side of Delaware Avenue, and to hang a banner across Hertel Avenue and at Sorrento's on South Park Avenue, all within conditions specified by the Department of Public Works; 5. Permitees shall furnish to the City of Buffalo proper liability insurance as determined by Special Events Committee and Corporation Counsel; 6. Permitees shall assume complete responsibility for removing barriers, decorations, barricades, stands, equipment and any trash or debris in the area arising out of the festival; 7. Permitees shall assume complete responsibility for conducting the festival in compliance with all laws and ordinances applicable, and with all directives of the various city departments, including Police, Fire, Street and Sanitation, Transportation, and Public Works; 8. Permission is hereby granted for the above under such terms and conditions so as to protect the interest of the City of Buffalo, as set forth by the Special Events Committee. PASSED AYES -9 NOES -0 NO. 99 BY BONNIE E. RUSSELL STRENGTHENING PROBLEM PROPERTY ENFORCEMENT BY AMENDING CHAPTER 341 OF THE CITY CODE WHEREAS, The decline of entire streets and neighborhoods is often triggered by problems associated with one or two properties, which makes it critically important that the City of Buffalo act quickly and aggressively to target these properties before the surrounding area is negatively impacted; and WHEREAS, The large number of properties which must be addressed, the need for coordination amongst various City departments, the difficulty in locating out -of -town and absentee owners so that they can be cited and prosecuted, legal requirements relating to the amount of time which owners must be allowed for responding to and remedying violations, and the difficulty in recouping the City's costs for prosecuting owners and maintaining neglected properties are among the challenges the City faces in ensuring healthy neighborhoods; and WHEREAS, Chapter 341 of the City of Buffalo Code, entitled Property Maintenance, is one of the City's primary tools for dealing with problem properties and it imposes certain duties upon property owners, occupants and persons having charge of lands relating to standards of maintenance, and upon certain City officials relating to enforcement; and WHEREAS, In addition to following procedures that ensure that property owners are adequately notified of their rights, responsibilities and deadlines for correcting code violations, the duties which are imposed upon City officials by Chapter 341 include: • "It shall be the duty of the Commissioner of Street Sanitation to see that the provisions of [article 1 ] are enforced." §341- 2, Enforcing official," notification of noncompliance; • "In the event that the owner.., receives notification to correct the violation and does not comply therewith, the Commissioner of Street Sanitation shall engage the services of a private contractor to perform the necessary work. The Commissioner shall charge and bill the owner for the cost of such services." §341 -3, Performance of work by City; • "Commissioner of Street Sanitation shall keep an account of all such work done and shall report to the Common Council all parcels of land upon which such work has been performed and the names of the owners of said parcels who have not paid for the cost of the work performed, and the Common Council shall thereupon order assessments on such lands for the unpaid sums so reported." §341- 4, Reports and assessments; • "It shall be the duty of the Commissioner of Permit and Inspection Services or his designee to see that the provisions of this section are enforced." §341- 7(E)(1); • "After service of this notice, if the property shows no sign of restoration, the Commissioner of Permit and Inspection Services shall engage the services of a private contractor to perform the necessary work. The Commissioner of Permit and Inspections shall charge and bill the owner for the cost of such services." §341 - 7(E)(2); • "If the owner or his duly designated representative appears at the time and place specified in the aforementioned notice to contest the necessity of the City causing the subject premises to be boarded, a hearing on such question shall be held before the [Commissioner of Permit and Inspections Services] or his representative." §341- 13(B); • "If the owner shall fail to comply with a notice to enclose within the period specified in such notice or shall fail to comply with such notice as modified as a result of a hearing having been had, the City shall perform or cause such work to be performed." §341- 13(C); and WIIEREAS, In several instances however, Chapter 341 grants discretion to City officials to determine which course of action will be pursued in regard to a problem property: • "The [Commissioner of Street Sanitation] may assign City personnel to do the work, in which case a charge as provided in Chapter 175, Fees, shall be made." §341 -3, Performance of work by City; • "The [Commissioner of Permit and Inspection Services] may assign City personnel to do the work, in which case a charge as provided in Chapter 175, Fees, shall be made." §341 - 7(E)(2); • "The City of Buffalo shall have the right to enclose the building and that all costs and expenses incurred by the City will be recovered by action or by local assessment or both." §341- 13(A)(1); • "As a result of such hearing, the original notice directing the enclosing of the subject premises may be affirmed, modified or vacated, but if the notice is modified, the time in which to complete the enclosure shall not be extended for more than three days." §341- 13(B); • "If the owner shall fail to comply with a notice.., or... with such notice as modified.., the City shall perform or cause such work to be performed and may recover the expense either by action or by local assessment on the premises made, levied and collected as other local assessments or both." §341- 13(C); and • "In no event shall such building or structure remain unoccupied and closed in for a period in excess of two months from the date of the notice specified in Subsection A [Notice; sealing requirements,] unless the owner has first filed a statement of intention to either demolish or rehabilitate said building or structure with the Department of Inspections and Licenses and has been granted written approval for an extension of time to rehabilitate or to demolish by said Department." §341- 13(D); and WHEREAS, The City and Common Council have been criticized by neighborhood residents for being too lenient with problem property owners and for failing to exercise the full extent of their powers to dissuade prospective investors that are often solely financially motivated and neglect their properties, regardless of the consequences, if it maximizes their profits; and WHEREAS, While there is no silver - bullet solution and many of the difficulties involved in combating problem properties are largely beyond the Common Council's control, it is within the power of this honorable body to amend Chapter 341 of the City Code to ensure maximum disruption of the income stream of financially motivated absentee landlords. NOW THEREFORE BE IT RESOLVED, That the Common Council is committed to working with the City's Administration, Dept. of Law, Dept. of Public Works, Parks & Streets, Dept. of Permits and Inspections Services, Housing Court Officials, and neighborhood residents to thoroughly review Chapter 341 of the City Code with the goal of strengthening our Property Maintenances ordinances; and BE IT FURTHER RESOLVED, That Dept. of Law is hereby directed to draft an amendment to Chapter 341 of the of the City Code to be filed with the City Clerk for review by this honorable body that changes the wording contained within § 341- 13(C), which presently reads "the City shall perform or cause such work to be performed and may recover the expense either by action or by local assessment on the premises made, levied and collected as other local assessments or both," to instead read "the City shall perform or cause such work to be performed and shall recover the expense either by action or by local assessment on the premises made, levied and collected as other local assessments or both." Bonnie E. Russell University District Council Member ADOPT RESOLVES REMAINDER REFERRED TO THE COMMITTEE ON LEGISLATION NO. 100 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 Ismahan Farah Brian K. Martinez Maria T. Grisanti TOTAL2 ADOPTED NO. 101 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, July 13, 2010 at 9:45 o'clock A.M. Committee on Finance following Civil Service Tuesday, July 13, 2010 at 10:00 o'clock A.M. Committee on Comm. Dev. Tuesday, July 13, 2010 at 1:00 o'clock P.M. Committee on Legislation Tuesday, July 13, 2010 at 2:00 o'clock P.M Public Hearing Tuesday July 13, 2010 at 5:00 o'clock P.M. on Canal Side Community Benefits Agreement (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. 102 ADJOURNMENT On a motion by Mr. Fontana, Seconded by Mr. Rivera the Council adjourned at 3:10 PM GERALD CHWALINSKI CITY CLERK