The URL can be used to link to this page

Home My WebLink About10-0720-0715pp-0721ss (2)NO. 15 PROCEEDINGS OF THE CITY OF BUFFALO J U LY20, 2010 PENSION PROCEEDINGS JULY 15, 2010 SPECIAL SESSION JULY 21, 2010 MAYOR Hon. Byron W. Brown COMPTROLLER Andrew Sanfilippo COMMON COUNCIL PRESIDENT OF THE COUNCIL FILLMORE DISTRICT DAVID A. FRANCZYK PRESIDENT PRO TEMPORE NIAGARA DISTRICT DAVID A. RIVERA MAJORITY LEADER LOVEJOY DISTRICT RICHARD A. FONTANA DISTRICT COUNCIL MEMBERS CURTIS HAYES JR - ELLICOTT DEMONE A. SMITH — MASTEN MICHAEL J. LO CURTO — DELAWARE JOSEPH GOLOMBEK JR. — NORTH DAVID A. RIVERA- NIAGARA BONNIE C. RUSSELL - UNIVERSITY REGULAR COMMITTEES CIVIL SERVICE COMMITTEE: Bonnie E. Russell Chairman, Michael P. Kearns, Richard A. Fontana, Curtis Haynes Jr., David A. Rivera - Members CLAIMS COMMITTEE: David A. Rivera Chairman, Richard A. Fontana, Michael P. Kearns, Bonnie E. Russell - Members COMMUNITY DEVELOPMENT COMMITTEE: Michael LoCurto, Chairman, Richard A. Fontana, Joseph Golombek Jr., David A. Rivera, Demone Smith - Members FINANCE COMMITTEE: Michael P. Kearns, Chairman, Curtis Haynes Jr., Michael J. LoCurto, David A. Rivera, Bonnie E. Russell - Members. LEGISLATION COMMITTEE: Joseph Golombek Jr., Chairman, Richard A. Fontana, Curtis Haynes Jr., Michael LoCurto, David Rivera - Members. RULES COMMITTEE: David A. Franczyk, Chairman, Richard A. Fontana, David A. Rivera - Members SPECIAL COMMITTEES Members BUDGET COMMITTEE: Richard A. Fontana, Chairman, Michael P. Kearns, Michael J. LoCurto, Bonnie E. Russell - EDUCATION COMMITTEE: Demone Smith, Chairman, Richard A. Fontana, Curtis Haynes Jr.- Members MINORITY BUSINESS ENTERPRISE COMMITTEE: Demone Smith Chairman, Richard A. Fontana, Joseph Golombek Jr., Curtis Haynes Jr. — Members PARKS OVERSIGHT: Demone A. Smith, Chairman, Richard A. Fontana, Curtis Haynes Jr., Michael P. Kearns, Michael J. LoCurto - Members POLICE OVERSIGHT: Richard A. Fontana, Chairman, Curtis Haynes Jr., Michael P. Kearns, David A. Rivera, Bonnie E. Russell, Demone Smith — Members Members PUBLIC TRANSPORTATION: Michael P. Kearns, Chairman, Richard A. Fontana, Michael J. LoCurto, David A. Rivera - WATERFRONT DEVELOPMENT COMMITTEE: Michael P. Kearns, Chairman, Joseph Golombek, Jr, Michael J. LoCurto, David A. Rivera, members CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO TUESDAY, JULY 20, 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 July 6, 2010 were approved. INVOCATION PLEDGE TO FLAG DATE July_ 20, 2010 **FINAL** MAYOR 1- A. Waterfront Neighborhood Community Development Agreement CD MAYOR - EXECUTIVE 2- 1. Plan Bd -SEQR -437 Broadway, Renovation of Bldg(Ell) APP 3- 2. Plan Bd- SEQR -656 Genesee, Comm Meeting, Conf Space/Bldg Renovation APP 4- 3. Plan Bd- SEQR -1461 Main St, Head Start Day Care(Masten) APP 5- 4. Strat Plan -Renew Lease Agmt Btwn COB & USA Acting Through the US Coast Guard Use of Strawberry Island(North) APP 6- 5. Strat Plan -Report of Sale 290 Box(Masten) CD 7- 6. Strat Plan -Report of Sale 127 Clare(Fill) APP 8- 7. Strat Plan -Report of Sale 25 Whitfield(South) APP COMPTROLLER 9- 7A. Certificate of Award -GI Bonds 2010A R &F 10- 7B. Certificate of Award - GI Bonds 2010B R &F COUNCIL PRESIDENT 11- 8. Common Council Action Plan For FY 2010 -2011 ADOPT 12- 9. Common Council Appts to the Citizens Planning Council ADOPT ASSESSMENT 13- 10. Eliminate Foreclosure on Properties Due to Nonpayment of Wtr and Sewer FIN PUBLIC WORKS 14- 10A. Notification Serial # 10545- 10546(WAIVE 45 DAYS) R &F 15- 11. Bflo Wtr Treatment Plant Upgrades (Ell) APP 16- 12. Change in Contract - Bailey Kensg. Fire Sta Constr(Univ) APP 17- 13. Change in Contract - Broadway Mkt Boiler Replacement (Fill) APP 18- 14. Change in Contract - Centennial Pool Alterations(Ell) APP 19- 15. Change in Contract- Kandey Co. Inc. Wtr Sys Improv- Various Locations #1 APP 20- 16. Change in Contract -Marcy Casino N. Fagade & Plaza Reconstr(Del) APP 21- 17. Change in Contract - Visone Constr Inc -Wtr Sys Improv- Various Locations #2 APP 22- 18. License Agmt With Niagara Group, Lp. Use of ROW on Staats St APP 23- 18A. Permission to Engage Services of Consulting Engr - Colvin Estates Proj(Del) APP 24- 19. Permission to Extend Agmt NYS Industries for the Disabled City Court Cleaning_APP 25- 19A. Permission to Hire Consultant -Flood Review APP 26- 20. Permission to Increase Consultant Contract -TVGA Arch & Eng. -Distr Improv APP 27- 21. Permission to Increase Consultant Contract -Watts Arch & Eng. -Distr Improv APP 28- 21A. Recycling RFP's (Requests for Proposals) FIN 29- 2113. Renewable Energy and Energy Upgrades City Facilities APP 30- 22. Report of Bids Broadway Market HVAC Unit Replacement(Fill) APP 31- 23. Report of Bids Broadway Market Roof Reconstruction(Fill) APP 32- 23A. Report of Bid Fargo Ave Reconstr Proj Niagara St APP 33- 23B. Report of Bids Colvin Estates - Subdivision Deve Phase I APP 34- 24. Report of Bids South Basin Improv Colonel Ward Pumping Station(Ell) APP 35- 25. Request to Purchase Equipment APP 36- 25A. Right0of Way Donation Agmnt With Colvin Oakdale LLC APP POLICE 37- 26. Approval to Purchase New Marked Police Vehicles APP CORPORATION COUNSEL 38- 27. Appt Deputy Corp Counsel(Exempt)(Max)(Savage III) CS PERMITS AND INSPECTIONS 39- 28. Food Store (New) 1005 Abbott (South) APP 40- 28A. Food Store License Renewal -880 Fillmore Ave(Fill) APP W /COND 41- 29. Food Store (New) 355 Grant (Nia) APP 42- 30. Food Store (New) 1384 Main (Del) APP 43- 31. Scrap Processor 143 Fillmore (Fill) CD 44- 32. Sidewalk Cafe 103 Hertel Ave(new owner)(Del) APP 45- 33. Wholesale Junk Dealer 143 Fillmore (Fill) CD ADMINISTRATION AND FINANCE Opening Gift Shop Tourist Info Ctr on 25 Floor 46- 34. Sale of Junk Vehicles APP COMMUNITY SERVICES ADOPT RES, REM FIN 47- 35. Approval of Agmt Btw COB Dept of Comm Sery & Recreational Programming & The Ctr for Employment Opportunities Inc. FIN CITY CLERK 107- 48- 36. Liquor License Applications R &F 49- 37. Leaves of Absence R &F 50- 38. Reports of Attendance R &F 51- 39. Notices of Appointments- Council Interns ADOPT 52- 40. Notices of Appointments - Common Council Staff ADOPT 53- 41. Notices of Appointment- Seasonal R &F MISCELLANEOUS 54- -4IA. R. Allen- Hazardous Condition in Roosevelt Park Wading Pool CD 55- 42. Altria -Res #106 Responsible Tobacco Retailing Act Conflicts with Federal Law and Should be Defeated LEG 56 43. J. Andolsek- Concerns - Parking Tickets LEG,PVB 57- 44. Bflo Olmsted Pks Consery -Media Event Japanese Gardens R &F 58- 45. Erie County 2010 Annual Report Dept. of Real Property Tax Services FIN 59- 45A. C. Haynes- Concerns Towne Gardens Plaza CD 60- 46. M. Kearns - Livable Community Grant Application R &F 61- 47. L. Kostek- Concerns -Heart of the City Neighborhood's Project "Cynthia Gardens/Barker Commons" LEG 62- 48. D. Ryan- Concerns -118 Hertel Ave R &F 63- 49. D. Smith- Concerns Removal of Copy Machine FIN 64- 50. D. Smith -Misc. Support Letters for Responsible Tobacco Retailing Act LEG 65- 5 1. N. Taylor- National Fuel Files for Yr Four of Conservation Incentive Prot LEG 66- 52. A. Thompson- MBE /WBE Forum MBEC PETITIONS 67- 53. W. Hovey, Agent, Use 1198 Hertel to Erect a Cooler Addition to the Rear of A Restaurant (Del)(pub hrg 7/20) APP 68- 54. J. Liu, Owner, Use 582 Grant St for Sidewalk Patio(North)(no hrg) LEG,CPBD 69- 55. C. Martzolf & O- Support Proposed Responsible Tobacco Retailing Act LEG 70- 56. W. Tyler, Owner, Use 36 Broadway-Create Seasonal Outdoor Cafe(Ell)(no hrg) APP W /COND, CPBD RESOLUTIONS 92- 57. Fontana Appoint Assistant Legislative Aide(Fortune) ADOPT 93- 57A. Fontana Appoint Legislative Assistant to Councilmember ADOPT 94- 57B. Fontana Waive Disposal Fees at S. Ogden Transfer Station for Habitat 95- 58. Franczyk 96- 59. Franczyk 97- 60. Franczyk 98- 61. Franczyk 99- 62. Franczyk 100- 63. Golombek 101- 63A. Franczyk 102- 64. Haynes For Humanitv ADOPT Appoint Assistant Legislative Aide II(Chase) ADOPT Impound Vehicles for Drug, DWI, Weapons and Noise Violations ADOPT RES,REM LEG Ord Amendment -Ch 337 Preservation Standards LEGYRES BD Req City Comptroller's Office Audit the Management of the Marine Drive Apts ADOPT RES,REM FIN Request to Amend Public Housing Law Section 404_ADOPT RES,REM LEG Disch Leg CCP #32, 4/27/10 Food Store (New) 276 Bailev ADOPT D/C APP Margaret L. Wendt Foundation ADOPT Permission to Hang Flags Along Niagara.; 103- 65. Kearns Appoint Assistant Legislative Aide(Harrington) ADOPT 104- 66. Kearns, etc Joint Commission to Examine Police Reorganization ADOPT RES,REM LEG 105- 67. Kearns Opening Gift Shop Tourist Info Ctr on 25 Floor of City Hall ADOPT RES, REM FIN 106- 68. KearnsPromoting Transparency in Capital Budget Process by Holding Citizens Planning Council Meetings in CC Chambers ADOPT RES, REM FIN 107- 69. LoCurto Appoint Assistant Legislative Aide II(Weiss) ADOPT 108- 70. LoCurto, etc BERC Providing Bonuses to it Employees ADOPT RES, REM CD 109- 70A Russell Budget & Personnel Amendment -City Clerk ADOPT 110- 71. Smith Grant Permission to hang Permanent Banners on Main St ADOPT III- 71A Smith Felicitations in Memorium ADOPT 112- 72. Smith Comm of Deeds Public Duties ADOPT 113- 73. Smith Comm of Deeds ADOPT SUBMISSION LIST OF COMMITTEE ITEMS FOR THE COUNCIL MEETINGS CIVIL SERVICE 71- 1. Com 35 July 6 Appt Comm of Permits and Inspec Services FROM THE MAYOR FROM THE MAYOR - EXECUTIVE DEPARTMENT NO 1 WATERFRONT NEIGHBORHOOD COMMUNITY DEVELOPMENT AGREEMENT Attached for Your Honorable Body's review and consideration please find the Waterfront /Neighborhood Community Development Agreement, which will facilitate waterfront development and benefit commercial districts in neighborhoods throughout the City of Buffalo. As part of this historic agreement, the City of Buffalo will transfer approximately 10 acres of land on Buffalo's Waterfront, as more specifically described in the attached agreement, to the Erie Canal Harbor Development Corporation ( ECHDC). The City of Buffalo will receive $7.5 million from the Empire State Development Corporation (ESDC) for the purchase of this land. In addition to the $7.5 million received from ESDC, I have directed that an additional $2.5 million from ESDC's City by City allocation, which the City of Buffalo has discretion, be also directed to create a $10 million Waterfront Neighborhood Economic Development and Preservation Fund, which will inject $10 million into the City's commercial corridors. $9 million will be distributed to the nine designated commercial corridors located throughout the City of Buffalo. The nine identified commercial corridors are located in each of the city's Council Districts and are: Delaware - Hertel Ellicott - Allentown Fillmore - Broadway - Fillmore Lovejoy - Lovejoy Masten - Jefferson Niagara - Grant -Ferry North - Tonawanda - Ontario South - Seneca University - Bailey An additional $1 million will be made available for investments in non - designated commercial corridors. This reinvestment is a critical step to ensure that the benefits of waterfront development be connected to our city's neighborhoods. To make recommendations on the expenditures of this fund, a committee comprised of representatives of the Mayor, each district councilmember, ECHDC (the State), and the community will be established. The Waterfront Community Development Agreement also commits ECHDC to: 1. Working with tenants on programs designed to increase employment opportunities for city residents, including minorities and women, and local businesses within the Canal Side Project. 2. Supporting a MM/BE participation program for development on the waterfront and in the business districts. 3. Incorporating green design into the development of Canal Side by meeting LEED standards for buildings, and 4. Ensuring that the property sold by the City of Buffalo will be taxable and subject to the local laws of the City of Buffalo, including the city's Green Code. 5. Developing the project in a way that reflects the historic character of the Canal Side district. To ensure that the progress we have made in developing our waterfront continues, I respectfully request that Your Honorable Body approve the Waterfront /Neighborhood Community Development Agreement at your earliest opportunity. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT FROM THE CITY PLANNING BOARD (Esempt)(Comerford, Jr)(EDPI) R &F 72- 2. Com 36 July 6 Appt Sr. Special Assist to Comm of EDPI(Esempt)(Marcy)(EDPI) R &F 73- 3. Com 39 July 6 Appt Compensation & Benefits Specialist (Prov)(Interm)(Machin)(HR)APP 74- 4. Com 48 July 6 Notices of Appointments- Temp/Prov/Perm(Cty Clk) R &F FINANCE 75- 5. Com 23 July 6 Renewable Energy and Energy Upgrades City Facilities(PW) R &F 76- 6. Com 38 July 6 Sale of Scrap Metal(A &F) R &F 77- 7. No 64 July 6 Approve Lease Agmt Btwn COB and NBCC(Strat Plan) ( #6,6/22) APP 78- 8. No 72 July 6 Approval of Contract With BMHA(CC)( #45, 6/8) APP LEGISLATION 79- 9. No 59 July 6 T. Alnaji, Agent, Use 958 East Ferry for Pole Sign (Masten)(no pub hrg) RECOMMIT 80- 10. Com 2 July 6 Appointment of Corporation Counsel(Rodriguez)(Mayor) DENY 81- 11. Com 3 July 6 Appointment Commissioner of Parking(Helfer)(Mayor) APP 82- 12. Com 26 July 6 Food Store License(New) 72 E. Amherst (Masten)(EDPI) APP 83- 13. Com 29 July 6 Food Store License(New) -322 Northland(Masten)(EDPI) RECOMMIT 84- 14. Com 32 July 6 Second Hand Dealer -819 E. Ferry(Masten)(EDPI) APP 85- 15. No 51 July 6 R. Fontana - article- Concerns of Hydraulic Fracturing in NYS R &F 86- 16. Res 95 July 6 Ordinance Amendment -Ch 511 Zoning APP 87- 17. No 86 July 6 Food Store License(New) -1426 Fillmore(Mas)(EDPI) ( #12,3/2)( 00,3 /16) APP 88- 18. Com 33 June 22 Sidewalk Cafe -727 Elmwood (Del)(EDPIS) APP 89- 19. Com 34 June 22 Sidewalk Cafe -45 W. Chippewa(Ell)(EDPIS) APP W /COND 90- 20. No 115 June 8 LL Intro #4- Amending Charter in Relation to Creation of Dept Of Parking( #101, /11) R &F 91- 21. No 59 April 27 R. Eason, Agent, Use 502 Elmwood Avenue for an Outdoor Patio(hrg /-4)(Nia) APP FROM THE MAYOR FROM THE MAYOR - EXECUTIVE DEPARTMENT NO 1 WATERFRONT NEIGHBORHOOD COMMUNITY DEVELOPMENT AGREEMENT Attached for Your Honorable Body's review and consideration please find the Waterfront /Neighborhood Community Development Agreement, which will facilitate waterfront development and benefit commercial districts in neighborhoods throughout the City of Buffalo. As part of this historic agreement, the City of Buffalo will transfer approximately 10 acres of land on Buffalo's Waterfront, as more specifically described in the attached agreement, to the Erie Canal Harbor Development Corporation ( ECHDC). The City of Buffalo will receive $7.5 million from the Empire State Development Corporation (ESDC) for the purchase of this land. In addition to the $7.5 million received from ESDC, I have directed that an additional $2.5 million from ESDC's City by City allocation, which the City of Buffalo has discretion, be also directed to create a $10 million Waterfront Neighborhood Economic Development and Preservation Fund, which will inject $10 million into the City's commercial corridors. $9 million will be distributed to the nine designated commercial corridors located throughout the City of Buffalo. The nine identified commercial corridors are located in each of the city's Council Districts and are: Delaware - Hertel Ellicott - Allentown Fillmore - Broadway - Fillmore Lovejoy - Lovejoy Masten - Jefferson Niagara - Grant -Ferry North - Tonawanda - Ontario South - Seneca University - Bailey An additional $1 million will be made available for investments in non - designated commercial corridors. This reinvestment is a critical step to ensure that the benefits of waterfront development be connected to our city's neighborhoods. To make recommendations on the expenditures of this fund, a committee comprised of representatives of the Mayor, each district councilmember, ECHDC (the State), and the community will be established. The Waterfront Community Development Agreement also commits ECHDC to: 1. Working with tenants on programs designed to increase employment opportunities for city residents, including minorities and women, and local businesses within the Canal Side Project. 2. Supporting a MM/BE participation program for development on the waterfront and in the business districts. 3. Incorporating green design into the development of Canal Side by meeting LEED standards for buildings, and 4. Ensuring that the property sold by the City of Buffalo will be taxable and subject to the local laws of the City of Buffalo, including the city's Green Code. 5. Developing the project in a way that reflects the historic character of the Canal Side district. To ensure that the progress we have made in developing our waterfront continues, I respectfully request that Your Honorable Body approve the Waterfront /Neighborhood Community Development Agreement at your earliest opportunity. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT FROM THE CITY PLANNING BOARD NO2 PLAN BD- SEQR -437 BROADWAY, RENOVATION OF BUILDING SEAR, Coordinated Review Dear Council President Please be advised that the City of Buffalo Planning Board (the "Planning Board ") will be reviewing a site plan /design application for the above referenced project ( "the "Project'). This notice is issued pursuant to the State Environmental Quality Review Act ( "SEQR "), Article 8 of the Environmental Conservation Law with its implementing regulations in 6 NYCRR Part 617, applicable to the proposed Project. It is the intent of the Planning Board to serve as SEQR lead agency for the purpose of analyzing the environmental impacts of the Project, which are described in the attached Environmental Assessment Form (EAF) prepared by the applicant. Specifically, in accordance with SEQR, the Planning Board intends to become lead Agency. We are providing you with notice of the Planning Boards intent to assume lead agency status because your agency is an involved agency with approval authority regarding the Project. Pursuant to the SEQR regulation 6 NYCRR 617.6 (c)(1), a lead agency must be designated within thirty (30) calendar days of the date of this letter. We request that your agency accept and approve the designation of the Planning Board as lead agency for this Project by signing this letter and returning it to my office at Room 901 City Hall, Buffalo, New York 14202 If you have any questions, please feel free to contact this office at (716) 851 -5085. Sincerely, Marty Grunzweig Land Use Controls Coordinator The City of Buffalo Common Council consents to the designation of the Buffalo Planning Board as lead agency for the above listed project. Mr. Fontana moved: That the above communication from the City Planning Board, dated July 13. 2010, be received and filed; and That pursuant to Article 8 of the New York Environmental Conservation Law and the implementing regulations, 6 NYCRR Part 617 (State Environmental Quality Review Act ( SEQRA), the Common Council hereby consents to the City of Buffalo Planning Board to act as SEQRA Lead Agency for 437 Broadway Avenue, Renovation of Building. PASSED AYES -9 NOES -0 NO3 PLAN BD -666 GENESEE STREET, COMMUNITY MEETING, CONFERENCE SPACE /BUILDING RENOVATION SEQR, Coordinated Review Dear Council President Please be advised that the City of Buffalo Planning Board (the "Planning Board ") will be reviewing a site plan /design application for the above referenced project ( "the "Project'). This notice is issued pursuant to the State Environmental Quality Review Act ( "SEQR "), Article 8 of the Environmental Conservation Law with its implementing regulations in 6 NYCRR Part 617, applicable to the proposed Project. It is the intent of the Planning Board to serve as SEQR lead agency for the purpose of analyzing the environmental impacts of the Project, which are described in the attached Environmental Assessment Form (EAF) prepared by the applicant. Specifically, in accordance with SEQR, the Planning Board intends to become lead Agency. We are providing you with notice of the Planning Boards intent to assume lead agency status because your agency is an involved agency with approval authority regarding the Project. Pursuant to the SEQR regulation 6 NYCRR 617.6 (c)(1), a lead agency must be designated within thirty (30) calendar days of the date of this letter. We request that your agency accept and approve the designation of the Planning Board as lead agency for this Project by signing this letter and returning it to my office at Room 901 City Hall, Buffalo, New York 14202 If you have any questions, please feel free to contact this office at (716) 851 -5085. Sincerely Marty Grunzweig Land Use Controls Coordinator The City of Buffalo Common Council consents to the designation of the Buffalo Planning Board as lead agency for the above listed project. Mr. Fontana moved: That the above communication from the City Planning Board, dated July 13, 2010, be received and fled; and That pursuant to Article 8 of the New York Environmental Conservation Law and the implementing regulations, 6 NYCRR Part 617 (State Environmental Quality Review Act ( SEQRA), the Common Council hereby consents to the City of Buffalo Planning Board to act as SEQRA Lead Agency for 656 Genesee Street, Community Meeting, Conference Space /Building Renovation. PASSED AYES -9 NOES -0 N04 PLAN BD- 1461 MAIN STREET, HEAD START DAY CARE SEQR, Coordinated Review Dear Council President Please be advised that the City of Buffalo Planning Board (the "Planning Board ") will be reviewing a site plan /design application for the above referenced project ( "the "Project'). This notice is issued pursuant to the State Environmental Quality Review Act ( "SEQR "), Article 8 of the Environmental Conservation Law with its implementing regulations in 6 NYCRR Part 617, applicable to the proposed Project. It is the intent of the Planning Board to serve as SEQR lead agency for the purpose of analyzing the environmental impacts of the Project, which are described in the attached Environmental Assessment Form (EAF) prepared by the applicant. Specifically, in accordance with SEQR, the Planning Board intends to become lead Agency. We are providing you with notice of the Planning Boards intent to assume lead agency status because your agency is an involved agency with approval authority regarding the Project. Pursuant to the SEQR regulation 6 NYCRR 617.6 (c)(1), a lead agency must be designated within thirty (30) calendar days of the date of this letter. We request that your agency accept and approve the designation of the Planning Board as lead agency for this Project by signing this letter and returning it to my office at Room 901 City Hall, Buffalo, New York 14202 If you have any questions, please feel free to contact this office at (716) 851 -5085. Sincerely, Marty Grunzweig Land Use Controls Coordinator The City of Buffalo Common Council consents to the designation of the Buffalo Planning Board as lead agency for the above listed project. Mr. Fontana moved: That the above communication from the City Planning Board, dated July 13, 2010, be received and filed; and That pursuant to Article 8 of the New York Environmental Conservation Law and the implementing regulations, 6 NYCRR Part 617 (State Environmental Quality Review Act ( SEQRA), the Common Council hereby consents to the City of Buffalo Planning Board to act as SEQRA Lead Agency for 1461 Main Street, Head Start Day Care. PASSED AYES -9 NOES -0 FROM THE OFFICE OF STRATEGIC PLANNING N06 RENEW LEASE AGREEMENT BETWEEN THE CITY OF BUFFALO AND THE UNITED STATES OF AMERICA ACTING THROUGH THE UNITED STATES COAST GUARD IN REFERENCE TO USE OF STRAWBERRY ISLAND(NORTH) PRIOR COUNCIL REFERENCE: Item No. 154,10/17/05 The Office of Strategic Planning, Division of Real Estate, has received a request from C. J. Belmont, Lieutenant, Chief, Planning Section of the United States Coast Guard who has submitted the attached Supplemental Agreement No. 16 to Lease No. DTCGZ79130- 95 -005L (Strawberry Isle UR RR LT) which renews their lease. The United States Coast Guard maintains a light on Strawberry Island. The light serves as a navigational aid for boaters. The License Agreement original expired on September 30, 1995 and was subject to termination and renewal rights by mutual agreement from the City and the U.S. Coast Guard, annually, up to 20 years provided notice be given in writing to the City at least 30 days before expiration. This is their annual renewal request to renew this lease commencing on October 1, 2010 and expiring on September 30, 2011. The U.S. Coast Guard shall pay consideration of $500.00 annually in arrears and will be responsible for the maintenance, operation replacement and repairs. This office recommends that Your Honorable Body renew this agreement for an additional one year period commencing on October 1, 2010 and expiring on September 30, 2011, all other terms and conditions shall remain the same. I am further recommending that Your Honorable Body authorize the Corporation Counsel to prepare the necessary documents to renew said agreement and that the Mayor be authorized to execute the same. JOHN P. HANNON, JR. DIRECTOR OF REAL ESTATE OFFICE OF STRATEGIC PLANNING Mr. Fontana moved: That the above communication from the Office of Strategic Planning dated July 15, 2010, be received and filed; and That the Director of Real Estate be, and he hereby is authorized to renew the Supplemental Agreement No. 16 to Lease No. DTCGZ79130- 95 -005L (Strawberry Isle UR RR LT) between the City and C. J. Belmont, Lieutenant, Chief, Planning Section of the United States Coast Guard, for maintaining a fight on Strawberry Island for an additional one (1) year term commencing on October 1, 2010 and expiring September 30, 2011. The U.S. Coast Guard shall pay the consideration of $500.00 annually in arrears and will be responsible for the maintenance, operation replacement and repairs. That the Acting Corporation Counsel be authorized to prepare the necessary documents to renew said agreement and that the Mayor be authorized to execute the same. PASSED AYES -9 NOES -0 N06 STRAT PLAN - REPORT OF SALE 290 BOX(MASTEN) 994'W Moselle Lot Size: 93'x 120' Assessed Valuation: $7,200.00 The Office of Strategic Planning, Division of Real Estate has received a request from Mrs. Dawn Sanders, Executive Director for the Buffalo Municipal Housing Authority (BMHA), 300 Perry Street, Buffalo, New York 14204 to purchase 290 Box. BMHA intends to use the property for parking for the Ferry- Grider development project. 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 purchaser has commissioned Mr. Timothy Green, real estate appraiser of Klauck, Lloyd & Wilhelm Inc. to estimate the fair market value of the subject property. The appraiser has estimated the value of 290 Box to be Six Thousand Two Hundred Dollars ($6,200.00). The Division of Real Estate has reviewed the appraisal report and concurs with the appraisers' estimate of value. BMHA has agreed and is prepared to pay Six Thousand Two Hundred Dollars ($6,200.00), Fifty Five Cents ($.55) 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 290 Box to the Buffalo Municipal Housing Authority in the amount of Six Thousand Two Hundred Dollars ($6,200.00). 1 am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. JOHN P. HANNON, JR. DIRECTOR OF REAL ESTATE OFFICE OF STRATEGIC PLANNING REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT N07 REPORT OF SALE 127 CLARE (FILL) 25' S Olga Place Lot Size: 25'x 100' Assessed Valuation: $1,400.00 (Fillmore District) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Michael Wanderlich, 129 Clare, Buffalo, New York 14206 and Mr. Ramon Rodriguez and Mrs. Iris Rodriguez, 123 Clare, Buffalo, New York 14206 to purchase a portion of 127 Clare, 12 YZ x 1 00' each. Mr. Wanderlich owns and resides at 129 Clare and Mr. and Mrs. Rodriguez own and reside at 123 Clare, which are all adjacent to 127 Clare. They intend to use their specified portion of land for additional green space. The northerly portion of 127 Clare, 12 YZ x 1 00' will be deeded to Mr. Wanderlich of 129 Clare. The southerly portion of 127 Clare, 12 YZ x 1 00' will be deeded to Mr. and Mrs. Rodriguez of 123 Clare. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchasers. The Division of Real Estate has investigated the sale of similar lots in the subject area. Sales range from Thirty Five Cents ($.35) to Sixty Cents ($.60), per square foot. Mr. Wanderlich and Mr. and Mrs. Rodriguez have agreed and are prepared to pay Seven Hundred Dollars ($700.00), Fifty Six Cents ($.56) per square foot for their specified portion of 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 the northerly portion of 127 Clare to Mr. Wanderlich and the southerly portion of 127 Clare to Mr. and Mrs. Rodriguez in the amount of Seven Hundred Dollars ($700.00) for each portion of the subject property. I am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. JOHN P. HANNON, JR. DIRECTOR OF REAL ESTATE OFFICE OF STRATEGIC PLA NNING Mr. Fontana moved: That the above communication from the Office of Strategic Planning dated July 13, 2010, be received and filed; and That the offer from Mr. Michael Wanderlich, 129 Clare to purchase the northerly portion of 127 Clare, 12 YZ x 100' and to Mr. Ramon Rodriguez and Mrs. Iris Rodriguez, 123 Clare, the southerly portion of 127 Clare, 12 YZ x 100' in the sum of $700.00 x 2 for a total of $1,400.00, be and they hereby are accepted; and That the transfer taxes, recording fees and cost of legal descriptions shall be paid by the purchasers; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of titles and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offers were submitted. PASSED AYES -9 NOES -0 N08 STRAT PLAN - REPORT OF SALE 25 WHITFIELD 240' E South Park Lot Size: 30'x 119' Assessed Valuation: $5,100.00 (South District) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Matthew Knox, 23 Whitfield Street, Buffalo, New York 14220 to purchase 25 Whitfield. Mr. Knox owns and resides at 23 Whitfield, which is adjacent to 25 Whitfield. He intends to use the vacant lot for additional green space. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. The Division of Real Estate has investigated the sale of similar lots in the subject area. Sales range from Seventy Cents ($70) to One Dollar and Seventy Cents ($1.70), per square foot. Mr. Knox has agreed and is prepared to pay Four Thousand Five Hundred Dollars ($4,500.00), One Dollar and Twenty Five Cents ($1.25) 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 25 Whitfield to Mr. Matthew Knox in the amount of Four Thousand Five Hundred Dollars ($4,500.00). 1 am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. JOHN P. HANNON, JR. DIRECTOR OF REAL ESTATE OFFICE OF STRATEGIC PLANNING Mr. Fontana moved: That the above communication from the Office of Strategic Planning dated July 13, 2010, be received and filed; and That the offer from Matthew Knox, residing at 23 Whitfield Street, in the sum of Four Thousand and Five Hundred Dollars ($4,500.00) for the purchase of 25 Whitfield, 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 N09 CERTIFICATE OF AWARD -GI BONDS 2010A CITY COMPTROLLER'S CERTIFICATE OF AWARD I, ANDY SANFILIPPO, Comptroller of the City of Buffalo, New York, in the County of Erie (the "City "), HEREBY CERTIFY AND REPORT AS FOLLOWS: 1. On July 14, 2010, at 10:00 A.M. (Prevailing Time), bids were received at the Offices of the Comptroller, City of Buffalo, at 1225 City Hall, Buffalo, New York via iPreo's Parity Electronic Bid Submission System, pursuant to Chapter 304 of the Law of 2009. 2. At that time and place, seven (7) sealed bids were received for the purchase of $21,985,000 General Improvement Bonds - 2010A of the City (the "Bonds "), pursuant to the Notice of Sale of said bonds heretofore duly published in conformity with the requirements of the Certificate of Determination executed by the City Comptroller as of June 28, 2010, and said bids were thereupon opened and publicly read. 3. The sealed bids so opened and publicly read were each in legally acceptable form and were each accompanied by the good faith deposit required by said Notice of Sale and constituted signed proposals to purchase all of the Bonds. 4. Forthwith upon receiving, opening, reading and considering said sealed bids, I ascertained and publicly announced or caused to be publicly announced that J.P. Morgan Securities, Inc., New York, New York, was the successful bidder to whom the bonds were then awarded, at the purchase price of $22,928,953.37 plus accrued interest, if any, from the date of the Bonds to the date of payment of the purchase price, said bid of said successful bidder being the best bid received under the terms of the Notice of Sale therefor and providing the lowest true interest cost over the life of the Bonds, computed as follows: Total Interest Cost .............. ............................... $7,966,200.35 Less the Amount of the ....... ............................... $1,002,837.75 Net Premium Bid Above Par ..... ............................... Net Interest Cost ......................... ............................... $6,963,362.60 TIC ............................................. ............................... 3.626459% 5. As designated by the aforementioned successful bidder, said Bonds shall bear interest from their date in each year until maturity at the respective rates per annum stated in the following table: Bonds maturing in the year 2011, at 2.00% Bonds maturing in the years 2012 to 2020, at 5.00% Bonds maturing in the years 2021 and 2022, at 3.5% Bonds maturing in the years 2023, at 3.75% Bonds maturing in the years 2024 and 2025, at 4.00% such rates of interest being the rates necessary for the City to sell said Bonds. 6. (a) As set forth in the Certificate of Determination, it is further determined that the par amount of the Bonds and annual maturities shall be adjusted in order to meet the requirements of substantially level or declining annual debt service and in order that the total proceeds, which include the total par amount of the Bonds plus the original issue premium received by the City does not exceed the maximum amount permitted under applicable provisions of the Internal Revenue Code of 1986. Following said adjustments, the par amount of the Bonds is determined to be $21,985,000 and said Bonds shall mature on April 1 in each of the years and principal amounts as set forth below: $1,330,000 in the year 2011; 1,065,000 in the year 2012; 1,120,000 in the year 2013; 1,175,000 in the year 2014; 1,235,000 in the year 2015; 1,295,000 in the year 2016; 1,360,000 in the year 2017; 1,430,000 in the year 2018; 1,500,000 in the year 2019; 1,575,000 in the year 2020; 1,655,000 in the year 2021; 1,715,000 in the year 2022; 1,775,000 in the year 2023; 1,840,000 in the year 2024; and 1,915,000 in the year 2025. (b) The gross true interest cost and true interest rate for the Bonds, following adjustment of the principal amounts, is: Par Amount of Bonds .................. $21,985,000.00 Premium .... ............................... 943 , 953.37 Underwriter's Discount ................ 210,650.38 Accrued Interest ........................ 0.00 True Interest Cost ......................... 3.6461445% (c) Based upon the foregoing adjustments, the purchase price for the Bonds shall be $22,928,953.37. 7. The good faith deposits received with the sealed bids of the other bidders were thereupon returned to said other bidders. 8. Said Bonds will be delivered to the successful bidder hereinabove referred to upon receipt of payment in accordance with the provisions of the Notice of Sale. IN WITNESS WHEREOF, I have hereunto set my hand as of the 14 of Andrew SanFillipo City Comptroller CLERK'S CERTIFICATE I, GERALD CHWALINSKI, City Clerk of the City of Buffalo, in the County of Erie, New York, HEREBY CERTIFY that I have compared the foregoing Certificate of Award of the City Comptroller and the same is a true and complete copy of said Certificate filed with said City in my office as City Clerk on or before July 21, 2010. I FURTHER CERTIFY that no resolution electing to reassume any of the powers or duties delegated to the City Comptroller by the resolutions cited in the Certificate of Determination referred to in said Certificate of Award, has been adopted by said Common Council. I have hereunto set my hand and affixed the corporate seal of said City this 21 st day of July, 2010. Wilmer Olivencia Jr. Deputy City Clerk RECEIVED AND FILED NO 10 CERTIFICATE OF AWARD -GI BONDS 2010B CITY COMPTROLLER'S CERTIFICATE OF AWARD I, ANDY SANFILIPPO, Comptroller of the City of Buffalo, New York, in the County of Erie (the "City "), HEREBY CERTIFY AND REPORT AS FOLLOWS: 1. On July 14, 2010, at 11:00 A.M. (Prevailing Time), bids were received at the Offices of the Comptroller, City of Buffalo, at 1225 City Hall, Buffalo, New York via iPreo's Parity Electronic Bid Submission System, pursuant to Chapter 304 of the Law of 2009. 2. At that time and place, seven (7) sealed bids were received for the purchase of $4,900,000 General Improvement Bonds - 2010B of the City (the "Bonds "), pursuant to the Notice of Sale of said bonds heretofore duly published in conformity with the requirements of the Certificate of Determination executed by the City Comptroller as of June 28, 2010, and said bids were thereupon opened and publicly read. 3. The sealed bids so opened and publicly read were each in legally acceptable form and were each accompanied by the good faith deposit required by said Notice of Sale and constituted signed proposals to purchase all of the Bonds. 4. Forthwith upon receiving, opening, reading and considering said sealed bids, I ascertained and publicly announced or caused to be publicly announced that Morgan Stanley & Co Inc., New York, New York, was the successful bidder to whom the bonds were then awarded, at the purchase price of $4,900,879.00 plus accrued interest, if any, from the date of the Bonds to the date of payment of the purchase price, said bid of said successful bidder being the best bid received under the terms of the Notice of Sale therefor and providing the lowest true interest cost over the life of the Bonds, computed as follows: Total Interest Cost ...... ..................$1,429,367.88 Less the Amount of the $ 16.60 Net Premium Bid Above Par ........... Net Interest Cost ....... ..................$1,429,351.28 TIC ............ ............................... 3.530866% 5. As designated by the aforementioned successful bidder, said Bonds shall bear interest from their date in each year until maturity at the respective rates per annum stated in the following table: Bonds maturing in the year 2011, at 2.50% Bonds maturing in the years 2012 to 2014, inclusive at 3.00% Bonds maturing in the year 2015, at 4.00% Bonds maturing in the year 2016 and 2017, at 3.00% Bonds maturing in the year 2018, at 4.00% Bonds maturing in the year 2019, at 3.00% Bonds maturing in the year 2020, at 3.125% Bonds maturing in the year 2021 to 2023, inclusive at 3.50% Bonds maturing m the years 2024 and 2025, at 4.00% such rates of interest being the rates necessary for the City to sell said Bonds. 6. (a) As set forth in the Certificate of Determination, it is further determined that the par amount of the Bonds and annual maturities shall be adjusted in order to meet the requirements of substantially level or declining annual debt service and in order that the total proceeds, which include the total par amount of the Bonds plus the original issue premium received by the City does not exceed the maximum amount permitted under applicable provisions of the Internal Revenue Code of 1986. Following said adjustments, the par amount of the Bonds is determined to be $4,900,000 and said Bonds shall mature on April 1 in each of the years and principal amounts as set forth below: $ 315,000 in the year 2011; 270,000 in the year 2012; 275,000 in the year 2013; 280,000 in the year 2014; 285,000 in the year 2015; 295,000 in the year 2016; 300,000 in the year 2017; 315,000 in the year 2018; 325,000 in the year 2019; 335,000 in the year 2020; 350,000 in the year 2021; 365,000 in the year 2022; 380,000 in the year 2023; 395,000 in the year 2024; and 415,000 in the year 2025. (b) The gross true interest cost and tree interest rate for the Bonds, following adjustment of the principal amounts, is: Par Amount of Bonds $4,900,000.00 Premium 879.00 Underwriter's Discount 4,900,879.00 Accrued Interest 0.00 True Interest Cost 3.524689% (c) Based upon the foregoing adjustments, the purchase price for the Bonds shall be $4,900,879.00. 7. The good faith deposits received with the sealed bids of the other bidders were thereupon returned to said other bidders. 8. Said Bonds will be delivered to the successful bidder hereinabove referred to upon receipt of payment in accordance with the provisions of the Notice of Sale. IN WITNESS WHEREOF, I have hereunto set my hand as of the 14 day of July, 2010 Andrew Sanfillipo City Comptroller CLERK'S CERTIFICATE I, GERALD CHWALINSKI, City Clerk of the City of Buffalo, in the County of Erie, New York, HEREBY CERTIFY that I have compared the foregoing Certificate of Award of the City Comptroller and the same is a true and complete copy of said Certificate filed with said City in my office as City Clerk on or before July 21, 2010. I FURTHER CERTIFY that no resolution electing to reassume any of the powers or duties delegated to the City Comptroller by the resolutions cited in the Certificate of Determination referred to in said Certificate of Award, has been adopted by said Common Council. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of said City this 21 st day of July, 2010. Wilmer Olivencia, Jr. Deputy City Clerk RECEIVED AND FILED FROM THE PRESIDENT OF THE COUNCIL NO. 11 COMMON COUNCIL ACTION PLAN FOR FISCAL YEAR 2010 -2011 Attached herewith, please find three copies of the Common Council's Annual Action Plan for Fiscal year 2010 -2011. On behalf of the members of the Common Council, I respectfully request that the Council 2010 -2011 Annual Action Plan be submitted to the Common council for its regularly scheduled meeting to be conducted on July 20, 2010. Thank you for your assistance with this matter. Sincerely, Mr. Fontana moved: That the above communication from the President of the Common Council, dated July 15, 2010, be received and filed; and That the Common Council's Annual Action Plan for Fiscal year 2010 -2011, be and hereby is adopted. ADOPTED. NO. 12 COMMON COUNCIL APPOINTMENTS TO THE CITIZENS PLANNING COUNCIL The City of Buffalo, NY Charter, Article 18, sections 18 -23 through 18 -29, empowers the Common Council to appoint five (5) representatives to the board more commonly known as the Citizens Planning Council (CPC); And, currently there are five vacancies in the position of representative of the Common Council on the CPC; Therefore, I hereby tender to this Honorable Body, my recommendation for the appointment of the following individuals to the Citizens Planning Council: Justin Azzarella, 890 Elmwood Avenue, Buffalo, NY 14222 Arthur Robinson Jr., 192 Maurice Street, Buffalo, NY 14210 Tillman Ward, 834 Walden Avenue, Buffalo, NY 14211 Maureen Krause, 12 Coolidge Road, Buffalo, NY 14220 Teresa Glanowski, 145 Culver Road, Buffalo, NY 14220 Further, the above named individuals are fully qualified to serve as the Common Council representative on the CPC; I therefore recommend to this Honorable Body that by adoption of this communication, that these individuals be appointed as the Common Council representatives to the CPC for the period July 20, 2010 through December 31,2011. Mr. Fontana moved: That the above communication from the President of the Common Council dated July 15, 2010, be received and fled; and That the appointments to the Citizens Planning Council, for terms to begin on July 20, 2010 and to expire December 31, 2011, of Justin Azzarella, 890 Elmwood Avenue, of Arthur Robinson, Jr., 192 Maurice Street, of Tillman Ward, 834 Walden Avenue, of Maureen Krause, 12 Coolidge Road, of Teresa Glanowsld, 145 Culver Road, are hereby approved on the condition that they do not owe any outstanding liens to the City ADOPTED FROM THE COMMISSIONER OF ASSESSMENT AND TAXATION NO. 13 ELIMINATE FORECLOSURE ON PROPERTIES DUE TO NONPAYMENT OF WATER AND SEWER BILLS RES # 85, CCP OCTOBER 13, 2009 Pursuant to the June 28, 2010 request of Your Honorable Body, the following is our response to the item referenced above: Although delinquent payments are the factors that result in a property being added to the annual In Rem foreclosure list, we are aware that there may be unresolved issues with the water billing process that lead or have led to the delinquent water payment problems. We concur that it may be prudent to discontinue properties with delinquent water bills from the annual In Rem until such outstanding water billing issues have been resolved. However, please note: We are advised by the Assistant Corporation Counsel and In Rem Attorney lie Noble that it is now too late to discontinue water only delinquencies from the In Rem 44 (October 2010) sale. The In Rem 44 petition of foreclosure was filed with the Erie County Clerk on May 17, 2010 and the final list has been published. However, please be aware that the discontinuence of water from the In Rem may commence with the In Rem 45 ( October 2011) sale. REFERRED TO THE COMMITTEE ON FINANCE FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS & STREETS NO. 14 NOTIFICATION SERIAL # 10646 REPEAL NO STANDING ON DELAWARE AVENUE, WEST SIDE BETWEEN CARY STREET AND WEST HURON SLREET ( ELLICOTT DISTRICT) NO STANDING - REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days afier the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 22 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: NO STANDING PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD Delaware Avenue, west side between Cary Street At all times and West Huron Street This action is being taken in order to provide new short term metered parking spaces in a high demand area. NOTIFICATION SERIAL # 10646 INSTALL METERED PARKING ON DELAWARE AVENUE— WEST SIDE [: BETWEEN CARY STREET AND WEST HURON STREET (EXCLUDING EXISTING NO PARKING [: AND NO STANDING AREAS) ( ELLICOTT DISTRICT) PERMISSIVE PARKING - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. Metered Parking Locations Period of metered Parking Rate of Metered Parking Delaware Avenue, west side 2 Hr Parking Rate C between Cary Street 8:00 am to 5:00 pm $1.00 Per Hour and West Huron Street Monday — Friday 2 hour maximum (excluding existing No Parking and No Standing areas) This action is being taken in order to provide new short term metered parking spaces in a high demand area. RECEIVED AND FILED WAIVE THE 45 DAYS NO. 16 BUFFALO WATER TREATMENT PLANT UPGRADES ELLICOTT DISTRICT The Department of Public Works, Parks & Streets has been involved in the planning stages of significant upgrading and modernization of the water pumping system at the Buffalo Water Treatment Plant. Currently, the pumping system is under - utilized but nonetheless running "inefficiently" at full or nearly full capacity at all times. Since there is no efficient way to turn the current pumping system's capacity down and adjust to the City's peak and off -peak water needs /usages and thereby to also achieve energy efficiencie and appropriate systemic /system wide water pressures, the Buffalo Water Board has actively been pursuing a strategy to address these issues. In furtherance of the above facts and related corrective objectives, the Buffalo Water Board has reviewed various proposals submitted by Siemens Industry, Inc., Building Technologies Division ( "Siemens ") and competitors of Siemens in response to the Request for Proposals issued by the Water Board for the high energy Performance services and equipment in connection with the operation, maintenance, repair and improvement of the Buffalo Water Treatment Plant and Facilities (the "Water Facilities "). Upon completion of review of the competitive proposals, the Water Board has negotiated the financial terms of an agreement with Siemens to provide energy efficiency and performance services and equipment for the operation, maintenance, repair and improvement of the Water Facilities (the "Siemens Proposal "). The Siemens Proposal provides for a scope of work that includes, but is not limited to, replacement of the pumping system at the Colonel Ward Pumping Station and other matters as described in and set forth in Exhibit A attached hereto and made a part hereof(collectively referred to as the "Siemens Energy Efficiency Project ") and includes, among other things, energy performance assurances and payment guarantees. The Siemens Energy Efficiency Project is an approximately $8.9 million component of the Buffalo Water Board's Capital Improvement Plan. The full $8.9 Million project cost will be funded from the Buffalo Municipal Water Finance Authority's (the "Authority ") approximately $24 million Water System Revenue Bonds Series 2010 -A that will be issued and closed as of on or about June 29, 2010; and Of the project cost of up to $8.9 Million, up to approximately $8,450,000 will be dedicated to pay siemens to implement the Siemens Proposal and up to apprOx —ately $550,000 will be dedicated to pay CRA Infrastructure & Engineering, Inc. ( "CRA ") for professional consulting and engineering services to assist the City of Buffalo and Buffalo foregoing and to otherwise cause compliance by the City of Buffalo with the terms, covenants and provisions of the Financing Agreement and the Act. Water Board in design, implementation and construction inspection and administration services with respect to the Siemens Energy Efficiency Project. The Buffalo Water Board at its meeting of April 28, 2010 determined that the Siemens Energy Efficiency Project and the services and equipment to be provided under the Siemens Proposal constitute a replacement, rehabilitation or reconstruction of a structure or facility on the same site and therefore constitute a Type II action pursuant to SEQRA. By resolution adopted April 28, 2010, the Buffalo Water Board recommended the Siemens Energy Efficiency Project and the Siemens Proposal to the City of Buffalo, and requested the City of Buffalo's review and implementation thereof in accordance with the terms of the Financing Agreement by and among the City of Buffalo, the Water Board and the Authority, dated as of September 24, 1992, as amended, and pertinent provisions of the Public Authorities Law (the "Act "). In order to facilitate the City's implementation of the Siemens Energy Efficiency Project, I am requesting that Your Honorable Body: Determine that the implementation of the Siemens Energy Efficiency Project through the Siemens Proposal constitutes a replacement, rehabilitation or reconstruction of a structure or facility on the same site pursuant to SEQRA and does not exceed certain pertinent SEQRA thresholds and therefore constitutes a Type II action pursuant to SEQRA; 2. Approve the Siemens Proposal for the services and equipment specified in the Siemens Proposal; Authorize the Commissioner of Public Works, Parks and Streets (the "Commissioner ") to enter into and deliver an agreement or contract to Siemens (in an amount of up to $8,450,000.00) to implement the Siemens Proposal, such contract to include such further terms and conditions as the Corporation Counsel and the Buffalo Water Board Consulting Engineer may recommend; Authorize the Commissioner to enter into an agreement for professional engineering services with CRA Infrastructure & Engineering, Inc. in an amount of up to $550,000 for design, implementation and construction inspection and administration services in connection with the implementation of the Siemens Energy Efficiency Project upon such further terms and conditions as the Corporation Counsel may recommend; Authorize the Commissioner to execute and deliver, on behalf of the City of Buffalo, any instrument, document and or certificate and to do all acts and things required or otherwise deemed necessary in the opinion of the Commissioner to effectuate the intent, objectives and purposes of all of the Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated July 8, 2010, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to determine that the implementation of the Siemens Energy Efficiency Project through the Siemens Proposal constitutes a replacement, rehabilitation or reconstruction of a structure or facility on the same site pursuant to SEQRA and does not exceed certain pertinent SEQRA thresholds and therefore constitutes a Type 11 action pursuant to SEQRA. Approve the Siemens Proposal for the services and equipment specified in the Siemens Proposal. To enter into and deliver an agreement or contract to Siemens (in an amount of up to $8,450,000.00) to implement the Siemens Proposal, such contract to include such further terms and conditions as the Acting Corporation Counsel and the Buffalo Water Board Consulting Engineer may recommend. To enter into an agreement for professional engineering services with CRA Infrastructure & Engineering, Inc. in an amount of up to $550,000 for design, implementation and construction inspection and administration services in connection with the implementation of the Siemens Energy Efficiency Project upon such further terms and conditions as the Acting Corporation Counsel may recommend. To execute and deliver, on behalf of the City, any instrument, document and or certificate and to do all acts and things required or otherwise: deemed necessary in the opinion of the Commissioner to effectuate the intent, objectives and purpose of all Of the foregoing and to otherwise cause compliance by the City with the terms, covenants and provisions of the Financial Agreement and the Act. PASSED AYES -9 NOES -0 NO. 16 CHANGE IN CONTRACT BAILEY KENSINGTON FIRE STATION CONSTRUCTION JOB #0810 UNIVERSITY DISTRICT I hereby submit to Your Honorable Body the following changes for the Bailey Kensington Fire Station, Construction, Christa Construction, C #93000266. 1. Paint sectional overhead doors. Add $3,970.00 2. Fire retardant paint required at watchroom ceiling trellis. Add $942.00 3. Re- design (add stone) of west property line. Add $5.612.00 4. Furnish and install steel supports for fill -lines x 2. Add $2,892.00 5. Modify kitchen pot rack to fit properly. Add $60.00 6. Furnish and install stainless steel end panels for dishwasher. Add $632.00 7. Furnish and install bench at patio area. Add $2,406.00 8. Furnish and install building identification numbers (address). Add $1,018.00 9. Furnish and install turn -out gear lockers. Add $11,118.00 10. Furnish and install wood patio fence. Add $920.00 11. Furnish and install visitor /staff directional sign. Add $445.00 The foregoing change results in a net increase in the contract of Thirty Thousand Fifteen and 00/100 Dollars ($30,015.00). Summary Original Contract Amount $2,567,000.00 Change Order# 1 Add $14,991.19 Amount of Change Order( #2) Add $30,015.00 Revised Contract Amount $2,612,006.19 Costs have been reviewed by the consulting architect (Stieglitz Snyder Architecture) and the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in 31320106 445100 - Division of Buildings. Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated July 8, 2010, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue change order No. 2, to Christa Construction, an increase in the amount of $30,015.00, as more fully described in the above communication, for work relating to Job No. 0810, Bailey Kensington Fire Station, Construction, C #93000266. Funds for this project are available in 31320106 445100 - Division of Buildings. PASSED AYES -9 NOES -0 NO. 17 CHANGE IN CONTRACT BROADWAY MARKET BOILER REPLACEMENT JOB #0970 FILLMORE DISTRICT I hereby submit to Your Honorable Body the following changes for the Broadway Market, Boiler Replacement, John W. Danforth Co., C #93000598. 1 Asbestos abatement required in Basement Main Boiler Room. The foregoing change results in a net increase in the contract of Twenty Six Thousand Three Hundred Sixty Seven and 00/100 Dollars ($26,367.00). Summary Original Contract Amount $167,900.00 Amount of this Change Order #1 Add $26,367.00 Revised Contract Amount $194,267.00 Costs have been reviewed by the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in 32320106 445000 - Buildings. Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated July 13, 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 John W. Danforth Co., an increase in the amount of $26,367.00, as more fully described in the above communication, for work relating to Job No. 0970, Boiler Replacement, C #93000598. Funds for this project are available in 32320106 445000 - Buildings. PASSED AYES -9 NOES -0 NO. 18 CHANGE IN CONTRACT CENTENNIAL POOL ALTERATIONS JOB #0835 ELLICOTT DISTRICT I hereby submit to Your Honorable Body the following change for Centennial Pool, Alterations, General Construction, R. W. Construction Co., C #93000312. 1. Renovate collapsed exterior masonry wall due to dangerous condition. Add $12,753.00 2. Provide and install new interior masonry jambs at circular Add $3,243.00 windows due to poor condition. 3. Relocation of electrical distribution panel. Add $1,313.00 4. Revisions to National Grid transformer room, including ventilation Add $3,393.00 & exhaust from the space, changes in lighting, and minor plumbing work. 5. Furnish and install electrical receptacle for HW heaters. Add $368.00 6. Replacement and repair of damaged sections of existing fencing Add $1,827.00 at east property line. 7. Lawn restoration at east yard. Add $1,840.00 8. Delete painting at interior of basement walls, floors and ceiling. Deduct $1,700.00 The foregoing change results in a net increase in the contract of Twenty Three Thousand and Thirty Seven and 00/100 Dollars ($23,037.00). Original Contract Amount $2,263,660.00 Change Order #1 Add $25,007.00 Change Order #2 Deduct $736.00 Change Order #3 Add $57,485.00 Change Order #4 Deduct $33,399.00 Amount of This Change Order ( #5) Add $23,037.00 Revised Contract Amount $2,335,054.00 Costs have been reviewed by the consulting architect (Hamilton, Houston, Lownie Architects) and the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in 39400206 445100 - Buildings. , Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated June 29, 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. 5, to R. W. Constmetion Co., an increase in the amount of $23,037.00, as more fully described in the above communication, for work relating to Job No. 0835, Centennial Pool, C #93000312. Funds for this project are available in 39400206 445100 - Buildings. PASSED AYES -9 NOES -0 NO. 19 CHANGE IN CONTRACT CONTRACT #93000508, KANDEY COMPANY INC. WATER SYSTEM IMPROVEMENTS - VARIOUS LOCATIONS #1 I hereby submit to Your Honorable Body the following change order for the Water Distribution System Improvements - Various Locations #i. A total cost increase of $88,915.44 due to the unexpected and unknown subsurface conditions encountered at the Marine Drive Apartments Complex. Also an alignment change at Humboldt Parkway was required due to utility conflicts resulting in street excavation not anticipated in the original design. The following change order will be required to complete the contract work and costs are summarized below: Original Contract Amount $1,391,733.00 Previous Change Orders $ 0 This Change Order (col) $88,915.44 Total Contract $1,480,648.44 1 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 Kandey Company Inc., for $ 88,915.44.00. The funds will be available in Division of Water accounts to be assigned at a later date. Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated July 8, 2010, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue a change order, to Kandey Company, Inc., an increase in the amount of $88,915.44, as more fully described in the above communication, for work relating to Water System Improvements - Various Locations #1, Contract #93000508. Funds for this project are available in Division of Water accounts to be assigned at a later date. PASSED AYES -9 NOES -0 NO. 20 CHANGE IN CONTRACT MARCY CASINO N. FACADE & PLAZA RECONSTRUCTION JOB #0812 DELAWARE DISTRICT I hereby cc: Comptroller submit to Your Honorable Body the following changes for Marcy Casino, N. Fa£ade & Plaza Reconstruction, Tribal Construction, C #93000314. 1. Demolish existing north Casino stair at lower plaza due to unstable Add $6,450.00 substrate conditions. 2. Provide temporary emergency egress at demolished north Casino Add $2,741.00 stair at the lower plaza. 3. Construct new north Casino stair at lower plaza to provide permanent Add $37,027.00 required means of egress from Casino. 4. Overhead cast iron drainage in boathouse. Add $8,289.00 5. Below slab cast iron drainage in boathouse. Add $2,383.00 6. Reconstruct existing underground storm piping. Add $7,049.00 7. Excavation of obstruction (man -made) and underground exploratory Add $3,709.00 work. Video camera inspection of building sewer system. The foregoing changes result in a net increase in the contract of Sixty Seven Thousand Six Hundred Forty Eight and 00/100 Dollars ($67,648.00) Summary Original Contract Amount $415,000.00 Change Orders #1 -3 Add $138.87 Amount of this Change Order ( #4) Add $67,648.00 Revised Contract Amount $482,786.87 Costs have been reviewed by the consulting architect and the Department of Public Works, Parks & Streets and were found to. be fair and equitable. Funds for this work are available in 32321206 445100 - Buildings. Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated June 24, 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. 4, to Trihal Construction, an increase in the amount of $67,648.00, as more fully described in the above communication, for work relating to Job No. 0812, N. Facade & Plaza Reconstruction, C #93000314. Funds for this project are available in 32321206 445100 - Buildings. PASSED AYES -9 NOES -0 NO. 21 CHANGE IN CONTRACT CONTRACT #93000455, VISONE CONSTRUCTION INC. WATER SYSTEM IMPROVEMENTS - VARIOUS LOCATIONS #2 ITEM 18, CCP 4/14/09 1 hereby submit to Your Honorable Body the following change order for the Water Distribution System Improvements - Various Locations #2. A total cost increase of $210,808.75 due to the additional paving required from original bid quantities due to existing poor subbase encountered also additional costs for bypass piping needed to install new pipe in the existing water main trench to avoid excavations in historically significant areas. The following change order will be required to complete the contract work and costs are summarized below: Original Base Contract Amount: $ 1,399,092.65 i0 Contingency (previously approved by Council) $139,909.27 Previous Change Orders $ 0.00 This Change Order (CO1): $ 210.808.75 $ 1,749,810.67 1 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 Visone Construction Inc., for $ 210,808.75 and the 10% contingency previously approved but not funded. 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 July 8, 2010, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue a change order, to Visone Construction Inc., an increase in the amount of $210,808.75, as more fully described in the above communication, for work relating to Water System Improvements - Various Locations #2, Contract #93000455. 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 FROM: DEPARTMENT PUBLIC WORKS, PARKS AND STREETS NO. 22 AGREEMENT WITH NIAGARA GROUP, LP. Attached please find a proposed License Agreement between the City of Buffalo and Niagara Group LP for use of city right -of -way on Staats Street to permit construction of secure parking, guard stations and fencing to accommodate the FBI building at 48 -50 South Elmwood Avenue. The material terms of the License include: Niagara Group is responsible for all construction of necessary secured access and parking and for all maintenance of the licensed area during the course of the license period. The License is subject to all existing utility easements. The License shall become effective upon approval by the City, and shall terminate upon the termination of the FBI's tenancy at 48 -50 South Elmwood Avenue. Niagara Group shall remove all fencing, guard stations and security barriers upon termination of the license. Niagara Group shall pay the City a monthly fee of $1,092.00. The Department of Public Works, Parks and Streets respectfully requests that your Honorable Body authorize the Mayor of the City of Buffalo to execute the attached License on behalf of the City. Thank you for your prompt attention to this matter. Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated July 15, 2010, be received and filed; and That the Mayor be, and he hereby is authorized to execute the License Agreement between the City and Niagara Group LP for use of city right -of -way on Staats Street to permit construction of secure parking, guard stations and fencing to accommodate the FBI building at 48- 50 South Elmwood Avenue. PASSED AYES -9 NOES -0 NO. 23 PERMISSION TO ENGAGE SERVICES OF CONSULTING ENGINEER FOR THE COLVIN ESTATES PROJECT DELAWARE I respectfully request that Your Honorable Body to authorize the Department of Public Works, Parks and Streets to grant permission to hire Urban Engineers to provide construction phase services including construction administration and resident inspection. This firm prepared the design documents. The costs for consulting services are estimated not to exceed $70,000.00. The funds are available will be in an account(s) to be named at a later date. Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated July 19, 2010 be received and filed; and That the Commissioner of Public Works, Parks & Streets be, and he hereby is authorized to hire Urban Engineers to provide construction phase services including construction administration and resident inspection for the Colvin Estates Project. Funds for this project are available in an account to be named at a later date and in an amount not to exceed $70,000.00. PASSED AYES -9 NOES -0 NO. 24 PERMISSION TO EXTEND AGREEMENT WITH NYS INDUSTRIES FOR THE DISABLED, INC. CITY COURT CLEANING JOB #1009 ELLICOTT DISTRICT Permission is hereby requested from Your Honorable Body to extend our agreement for one (1) year (July 1, 2010 to June 30, 2011) with New York State Industries for the Disabled, Inc., for janitorial services at the City Court Building, C #93000541. The sum of this project is $339,782.88 annually, payable monthly at $28,315.24, and will be available in 13296006- 480000 - Buildings O & M. Note that 72% of this sum is reimbursed to the City by the Unified Court System. Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated July 14, 2010, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to extend the Agreement with NYS Industries for the Disabled, Inc. for one (1) year (July 1, 2010 to June 30, 2011) for janitorial services at the City Court Building, C #93000541. Funds for this agreement are available in 13296006- 480000 - Buildings O & M. PASSED AYES -9 NOES -0 NO 25 PERMISSION TO HIRE CONSULTANT - FLOOD REVIEW As Your Honorable Body is aware the Federal Emergency Management Agency recently updated flood plain maps for areas of South Buffalo /Old First Ward. As part of our review of these maps our department deems it necessary to hire an Engineering Consultant to assist our review and check the maps for accuracy. I respectfully request Your Honorable Body to authorize the Department of Public Works to grant permission to hire a consultant to provide engineering services for flood plain review assistance. The cost for consulting services are estimated to pay for this work are not to exceed $35,000.00. Funds for this work are available in an account to named at a later date. Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated July 13, 2010 be received and filed; and That the Commissioner of Public Works, Parks & Streets be, and he hereby is authorized to hire a consultant to provide engineering services for the flood plain maps review assistance for areas of South Buffalo /Old First Ward. Funds for this project are available in an account to be named at a later date. PASSED AYES -9 NOES -0 NO 26 PERMISSION TO INCREASE CONSULTANT CONTRACT TVGA ARCHITECTURAL AND ENGINEERING INC. DISTRIBUTION IMPROVEMENTS - VARIOUS LOCATIONS 1 CONTRACT #93000178 1 hereby submit to your Honorable Body the following change for this contract. TVGA Architectural & Engineering Inc. is the engineering consultant for Water Distribution Improvements — Various Locations #1. This increase is necessary for additional services related to design and construction inspection of the presently ongoing contract work. Also an increase is necessary to continue engineering services for the next construction phase of the water main replacement work at other locations that were previously designed but due to lack of funds, was not included for bid on the present phase of the construction. This next phase (Various Locations #4) will be bid in 2010. Original Contract Amount: $159,900.00 Previous Cost increase: $ 25,260.00 This Cost increase: $108.750.00 Total: $293,910.00 1 certify that this increase is fair and equitable for the work involved and respectfully request that you Honorable Body approve the subject change order and authorize the Commissioner of Public Works. Parks and Streets to issue said increase for $108,750.00. 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 July 8, 2010, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue a change order, to TVGA Architectural and Engineering, Inc., an increase in the amount of $108,750.00, as more fully described in the above communication, for work relating to Water Distribution Improvements- Various Locations 1, Contract #93000178. Funds for this project are available in Division of Water accounts to be assigned at a later date based on the recent bond sale. PASSED AYES -9 NOES -0 NO 27 PERMISSION TO INCREASE CONSULTANT CONTRACT WATTS ARCHITECTURAL AND ENGINEERING INC. DISTRIBUTION IMPROVEMENTS — VARIOUS LOCATIONS #2 CONTRACT #93000177 1 hereby submit to your Honorable Body the following change for this contract. Watts Architectural & Engineering Inc. is the engineering consultant for Water Distribution Improvements- Various Locations #2. This increase is necessary for additional services related to design and construction inspection of the presently ongoing contact work. Also an increase is necessary to continue engineering services for the next construction phase of the water main replacement work at other locations that were previously designed but due to lack of funds, were not included for bid on the present phase of the construction. This next phase (Various Locations #3) was bid on April 16 n 2010. Original Contract Amount: $105,653.00 Previous Cost increase: $94,200.00 This Cost increase: $169.395.00 Total: $369,248.00 1 certify that this increase is fair and equitable for the work involved and respectfully request that your Honorable Body approve the subject change order and authorize the Commissioner of Public Works. Parks and Streets to issue said increase for $169,395.00. 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 July 8, 2010, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue a change order, to Watts Architectural and Engineering, inc., and increase in the amount of $169,395.00, as more fully described in the above communication, for work relating to Distribution Improvements- Various Locations #2, Contract #93000177. Funds for this project are available in Division of Water accounts to be assigned at a later date based on the recent bond sale. PASSED AYES -9 NOES -0 NO 28 RECYCLING RFP'S (REQUESTS FOR PROPOSALS) The Department of Public Works and Streets received three (3) responses to the Recycling RFP. The proposals were evaluated by a panel. Three (3) primary categories were the main focal point of the evaluation. They were: technical; economic and experience. On April 20, 2010, based on the RFP process, the panel selected Allied Waste. Therefore, I recommend to Your Honorable Body that we begin contract preparations with Allied at this time. REFERRED TO THE COMMITTEE ON FINANCE NO 29 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 Federal funds account until a City account can be established. Therefore, I hereby request that Your Honorable Body authorize the Commissioner of DPW, Park and Streets, to award a Contract to David Homes, Inc. to manage and administer the Federal Stimulus Grant in the amount of $2,736,900.00 as detailed in this communication. Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated July 16, 2010, be received and filed; and That the Common Council authorize the Commissioner of Public Works, Parks and Streets, to award a contract to David Homes, Inc. to manage and administer the Federal Stimulus Grant in the amount of $2,736,900.00 as more fully detailed in the above communication. Funds for the project are being held in a Federal funds account until a City account can be established. PASSED AYES -9 NOES -0 NO 30 REPORT OF BIDS BROADWAY MARKET HVAC UNIT REPLACEMENT JOB #1020 (FILL) I advertised for on June 15, 2010 and received the following sealed formal bids for the Broadway Market, HVAC Unit Replacement, which were publicly opened and read on June 29, 2010. Greater Niagara Mechanical $94,700.00 7311 Ward, N Tonawanda NY Mollenberg Betz $117,770.00 300 Scott, Buffalo NY W C Roberson No Bid 602 E Delavan, Buffalo NY I hereby certify that the foregoing is a true and correct statement of all bids received and that Greater Niagara Mechanical, with a bid of Ninety Four Thousand Seven Hundred and 00/100 Dollars ($94,700.00) is the lowest responsible 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 bids. Funding for this project is available in 32320106 - 445100 - Buildings 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 award a contract for the Broadway Market, HVAC Unit Replacement, Job #1020, to Greater Niagara Mechanical, the lowest responsible bidder, in the amount of $94,700.00. Funds for the project are available in 32320106 - 445100 - Buildings. PASSED AYES -9 NOES -0 NO 31 REPORT OF BIDS BROADWAY MARKET ROOF RECONSTRUCTION JOB #1018 (FILL) I advertised for on May 18, 2010, and received the following formal sealed bids for the Broadway Market, Roof Reconstruction Penthouses, which were publicly opened and read on June 1, 2010. Base Bid +Alt #2 Grove Roofing Services $30,900.00 $21,900.00 131 Reading, Buffalo, NY Progressive Roofing, Inc. $36,400.00 $25,200.00 331 Grote, Buffalo NY The Base Bid is for Penthouse #5. Alternate #2 is for Penthouse #2. 1 hereby certify that the foregoing is a true and correct statement of all bids received and that Grove Roofing Services, with a Base Bid of $30,900.00, and Alt. #2 for $21,900.00, for a total bid price of Fifty Two Thousand Eight Hundred and 00/100 Dollars ($52,800.00) is the lowest responsible bidder in accordance with the plans and specifications. I recommend that Your Honorable Body authorize the Commissioner of Public Parks, parks & Streets to order on the basis of the lowest responsible bid. Funding for this project is available in 32320106 445100 — Buildings. Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated July 14, 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 the Broadway Market, Roof Reconstruction, Job #1018, to Grove Roofing Services, the lowest responsible bidder, with a Base Bid of $30,900.00, add Alt #2 for $21,900.00 for a total bid of $52,800.00. Funds for the project are available in 32320106 - 445100 - Buildings. PASSED AYES -9 NOES -0 NO 32 REPORT OF BID FARGO AVENUE RECONSTRUCTION PROJECT(NIAGARA) This is to advise your Honorable Body that I have advertised for and received bids on July 14, 2010 for the Fargo Avenue Reconstruction Project. The following bids were received for the project: 1- Mark Cerrone Construction Inc. $915,047.00' 2- North America Construction Co., Inc. $1,065,660.00' 3- Destro Brothers Concrete Co., Inc. $1,094,130.00 4- Catco Construction Co., Inc. $1,124,785.70' 5- Scott Lawn Yard Inc. $1,160,597.00 'Denotes corrected bid amount I hereby certify that the lowest responsible bidders to Mark Cerrone Construction Inc. Also, I respectfully recommend that your Honorable Body authorize a contract award in the mount of $1,006,551.70. (Base Bid $ 915,047.00 + $91,504.70 - 10% Contingency). This is a federal and State funded project with City's share of 5% of the total costs. The funds are available in our Capital Accounts. Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated July 14, 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 the Fargo Avenue Reconstruction Project, to Mark Cerrone Construction, Inc., the lowest responsible bidder, in the amount of $1,006,551.70 (Base Bid $915,047.00 + $91,504.70 - 10% Contingency). This is a federal and State funded project with the City's share of 5% of the total costs and is available in Capital Accounts. PASSED AYES -9 NOES -0 NO 33 REPORT OF BIDS COLVIN ESTATES — SUBDIVISION DEVELOPMENT PHASE I — ROADWAY, STORM SEWER, WATER LINES & SANITARY SEWER 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 Base Bid + Alternate Milherst Construction $837,028.00 $961,578.00 2601 Millersport Hwy., Getzville, NY 14068 Destro & Brothers Concrete Co., Inc. $1,097,530.00 $1,292,030.00 411 Ludington Avenue, Buffalo NY 14206 Scott Lawn & Yard, Inc. $1,133,954.00 $1,122,704.00 5552 Towline Road, Sanborn, NY 14132 DiPizio Construction $1,348,306.50 $1,532,106.50 1 hereby certify that the low bidder for the above project is Milherst Construction. I respectfully recommend a contract award in the amount of $1,057,735.80. ( $961,578.00 base bid + alternate & $96,157.80 unit price increase = $1,057,735.80 ). Funds for this work will be available in account(s) to be named at a future date. The attached is certified to be a true end 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 August 20 - , 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 July 19, 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 the Colvin Estates - Subdivision Development Phase I - Roadway, Storm Sewer, Water Lines & Sanitary Sewer, to Milherst Construction, the lowest responsible bidder, in the amount of $1,057,735.80 ($961,578.00 base bid + alternate & $96,157.80 unit price increase = $1,057,735.80) Funds for the project will be available in account(s) to be named at a future date. PASSED AYES -9 NOES -0 NO 34 REPORT OF BID CONTRACT NO. 22 — SOUTH BASIN IMPROVEMENTS COLONEL WARD PUMPING STATION ELLICOTT /NIAGARA DISTRICT This is to advise your Honorable Body that I have advertised for and received bids on July 7, 2010 for the South Basin Improvements project at Colonel Ward Pumping Station. The following bids were received for the project: 1- John W. Danforth Company $1,227,000.00 2- Hohl Industrial Services, Inc.$1,305,640.07 3- STC Construction, Inc. $1,312,651.00 Subsequent to the bid opening all bids were reviewed by The Corporation Council. Legal Council has determined that the only responsible bidder is STC Construction, Inc. The bids received from the apparent low bidder ( John W. Danforth Inc.) and the apparent second low bidder ( Hohl Industrial Services, Inc,) were incomplete and considered non - responsive.e bidders. I hereby certify that the only responsible bidder is STC Construction Inc.. Also, I respectfully recommend that your Honorable Body authorize a contract award in the amount of $ 1,443,916.10 (Base Bid $1,312,651.00+ $131,265.10 - 10% contingency) This Project is Funded by Division of Water account to be named at a later date. Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated July 14, 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 the South Basin Improvements Project at Colonel Ward Pumping Station, Contract No. 22, to John W. Danforth, Inc., the lowest responsible bidder, in the amount of $1,443,916.10 (Base Bid $1,312,651.00 + $131,265.10 - 10% contingency). Funds for the project are available by Division of Water account to be named at a later date. PASSED AYES -9 NOES -0 NO 36 REQUEST TO PURCHASE 1. Purchase (2) New Holland T4020 2wd Tractors 12 x 12 trans, canopy, front weights & 9.5 L x 15 & 14.9 28 tires @ $ 22.614.00 ea $ 45,228.00 2. Purchase (2) Alamo 88 inch superdury rear flail; center mount Cutter Deck @ $ 5,856.00 ea $ 11,712.00 State Bid Contract PC 62723SB 3. Purchase (4) 9'6" fisher v plows. @$ 4,660.00 ea $ 18,640.00 Existing Contract 7461 These will come out of the following account: 15050007 - 474100 Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated July 8, 2010, be received and filed; and That the Commissioner of Public Works, Parks and Streets and the Director of Purchase, be, and they hereby are authorized to purchase the above - described equipment. Funds for the project are available in 15050007 - 474100. PASSED AYES -9 NOES -0 NO 36 RIGHT -OF WAY DONATION AGREEMENT WITH COLVIN OAKDALE LLC Attached please find a proposed Right -of Way Donation Agreement between the City of Buffalo and Colvin Oakdale, LLC for acceptance of a street right -of -way in the proposed Colvin Woods Subdivision. Material terms of the agreement are: Colvin Oakwood shall give to the City a right -of way to a new public street to serve the proposed Colvin woods subdivision, subject to th prior conditions that: 1. Colvin Oakwood will, at its cost and expense, provide an environmental report that evidences to the City's satisfaction that there is no contamination in the right -of -way or the proposed subdivision 2. The City shall have entered into contracts for construction of public infrastructure for the proposed public street. - If the environmental reports do not satisfy the City that there is no environmental contamination the City may cancel the agreement. Colvin Oakwood shall deliver a warranty deed to the City. The City will accept the right -of -way in as -is condition. The property transfer shall be deemed a donation to the City, and the City shall incur no acquisition costs. The Department of Public Works, Parks and Streets respectfully requests that your Honorable Body authorize the Mayor of the City of Buffalo to execute the attached License on behalf of the City. Thank you for your prompt attention to this matter. Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated July 20, 2010 be received and filed; and That the Mayor be, and he hereby is authorized to execute the attached Right of Way Donation Agreement by and between Colvin Oakdale LLC and the City of Buffalo for acceptance of a street right -of -way in the proposed Colvin Woods Subdivision. PASSED AYES -9 NOES -0 FROM THE COMMISSIONER OF POLICE NO 37 APPROVAL TO PURCHASE NEW MARKED POLICE VEHICLES The Buffalo Police Department has recently been informed that this upcoming year is the final model year (2011) for the Ford Crown Victoria. The Department has always utilized cost saving techniques by using existing equipment, such as MCT mounts, cages, plastic seats, light bars, etc. from older vehicles that can be transferred from vehicles that are no longer in service to the new vehicles. Also, as indicated in request earlier this year, the Department has invested hundreds of thousands of dollars in new technology that will be implemented into Buffalo Police vehicles and this equipment, along with the manpower effort involved to install it, would be more beneficial and efficient to the City and the Department if it was to be installed in a newer vehicle. The purchase of new marked vehicles will allow the Department to replace vehicles that have already been removed from the fleet (through auction, totaled through collision, or used as parts cars), that are beyond their useful life and will be removed in the near future, and take advantage of the above cost savings mentioned. Therefore, in consideration of the above issues and per the adopted 2010/2011 fiscal year budget, the Buffalo Police Department hereby requests permission from your honorable body to begin the purchase process for up to 15 marked police cruisers (Ford Crown Victoria's). If you have any questions or concerns, please contact Inspector Joseph Strano at 851 -4879. Thank you in advance for your cooperation and expediency in addressing this matter. Mr. Fontana moved: That the above communication from the Interim Commissioner of Police dated July 6, 2009, be received and filed; and That the Interim Commissioner of Police and Director of Purchase, be, and they hereby are authorized to purchase the above listed 15 marked police cruisers (Ford Crown Victoria's) and equipment upon the condition that there be no increase in the number designated as authorized for take -home use. Funds for these purchases are available in per the adopted 2010/2011 fiscal year budget. PASSED AYES -9 NOES -0 FROM THE CORPORATION COUNSEL NO 38 APPT DEPUTY CORP COUNSEL (EXEMPT)(MAX)(SAVAGE III) CERTIFICATE OF APPOINTMENT Appointment effective June 29, 2010 in the Department of Law Division of Law to the Position of Deputy Corporation Counsel Exempt Non - Competitive maximum starting salary of $82,326.00 Peter Savage III, 34 Blantyre Road, Buffalo 14216 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT & INSPECTION SERVICES NO 39 FOOD STORE (NEW) 1005 ABBOTT (SOUTH) 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 1005 Abbott (South Buffalo Trading Company /Carl Paladino) 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 July 12, 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 Carl Paladino d /b /a South Buffalo Trading Company located at 1005 Abbott. PASSED AYES -9 NOES -0 FROM: DEPARTMENT OF PERMITS AND INSPECTIONS SERVICES NO. 40 FOOD STORE LICENSE RENEWAL - 880 FILLMORE AVENUE ( FILLMORE) LICENSE # 528351 Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that the Office of Licenses as well as other City Departments have examined the attached renewal application for a Food Store License located at 880 Fillmore and have verified that as to form, it is correct. The Office of Licenses has also caused an investigation into the premises for which said application for renewal has been made and discovered numerous and persistent citizen complaints concerning the operation of the Food Store, mainly relating to the generation of noise from the premises and persistent criminal activity emanating from calls for service during its nighttime hours of operation. Given the volume of complaints and calls for service, it is the recommendation of the Office of Licenses that the following conditions be attached to the renewal of the Food Store License for 880 Fillmore Avenue (Sam's Express Mart): -Hours of operation shall be limited to 6:00 am to 10:00 pm. -The store must have a licensed security guard on duty from 7:00 pm until 10:00 pm every evening. I have attached a sampling of the calls for service report to this Communication together with additional documentation evidencing citizen complaints concerning the above location as evidence of the need for said conditions. I respectfully request that your Honorable Body renew the Food Store License at the above location with the conditions prescribed above. Mr. Fontana moved That the Commissioner of Permits and Inspections Services or his designee shall be authorized to issue a license renewal to Laith Abdellatif(Sam's Express Mart) located at 880 Fillmore Avenue upon the conditions recommended in the above communication. Excuse Council President from Voting. AYES -8 NOES -0 NO. 41 FOOD STORE (NEW) 355 GRANT(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 355 Grant (African Market Center /Abdinasir Nuir) 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 July 14, 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 Abinasir Nuir d /b /a African Market Center located at 355 Grant. PASSED AYES -9 NOES -0 NO. 42 FOOD STORE (NEW) 1384 MAIN (DELAWARE) 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 1384 Main (Family Dollar Store /Family Dollar Stores of WNY INC.) 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 Inspection Services dated July 9, 2010 be received and filed and That Pursuant to Chapter 194 of the City Code, the Commissioner of Economic Development, Permit and Inspection Services be and hereby is authorized to grant a Food Store License to Family Dollar Stores of WNY Inc. d /b /a a Family Dollar Store located at 1384 Main PASSED AYES -9 NOES -0 NO. 43 SCRAP PROCESSOR 143 FILLMORE AVE ( FILLMORE) Pursuant to Chapter 254 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Scrap Processor Dealer License located at 143 Fillmore Ave and find that as to form is correct. I have caused an investigation into the premises for which said application for a Scrap Processor Dealer License is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspections, I find it complies with all regulation— and other applicable laws. I have caused an investigation by the Police Department into the moral character of Tom Toporczyk. The attached thereto for Tom Toporczyk d /b /a Tomson Alloys Recycling. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 44 SIDEWALK CAFE 1603 HERTEL AVE (NEW OWNER) Pursuant to Chapter 150 of the City of Buffalo Ordinances, please be advised that I have caused an investigation into the premises located at 1503 Hertel Avenue for which said application for a Sidewalk Cafe license is being sought by Megan DeGeorge (dba Victor's Bar & Grille) and according to the attached reports from Zoning and Engineering 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 July 14, 2010, be received and filed; and That pursuant to Chapter 150 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services be, and he hereby is authorized to issue a "Mere License" to Megan DeGeorge, applicant, d /b /a Victor's Bar & Grille, located at 1503 Hertel Avenue, to install a 17 x 11 sidewalk car6, which would encroach city fight -of -way at said address, subject to the conditions as, requested by the Commissioner. PASSED AYES -9 NOES -0 NO. 46 WHOLESALE JUNK DEALER 143 FILLMORE ( FILLMORE) Pursuant to Chapter 254 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Wholesale Junk Dealer License located at 143 Fillmore Ave and find that as to form is correct. I have caused an investigation into the premises for which said application for a Wholesale Junk Dealer License is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspections. I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of Tom Toporczyk. The attached thereto for Tom Toporczyk d /b /a Tomson Alloys Recycling. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT FROM THE COMMISSIONER OF ADMINISTRATION, FINANCE, POLICY & URBAN AFFAIRS NO. 46 SALE OF JUNK VEHICLES THE DIVISION OF PURCHASE SENT OUT BIDS FOR THE SALE IT'S JUNK VEHICLES TO TWENTY -THREE (23) VENDORS WHO ARE LICENSED DISMANTLERB AND THREE (3) BIDS WERE RECEIVED. THE CONTRACT PERIOD FOR THE SALE OF JUNK VEHICLES WILL BE FROM JULY 1,2010 TO JUNE 30, 2011 AND MAY BE RENEWED FOR TWO (2) ADDITIONAL ONE (1) YEAR PERIODS IF AGREEABLE TO BOTH PARTIES. BIDS WERE RECEIVED FROM: 1. M & M U -PULL IT, 2150 WILLIAM STREET, BUFFALO, NY 14206 SUBMITTED PRICES OF $210.00 PER PASSENGER VEHICLES PICKED UP BY THEM $210.00 PER PASSENGER VEHICLE DELIVERED BY THE CITY TO THEIR SITE, $210.00 PER HEAVY EQUIPMENT VEHICLE PICKED UP BY THEM $210.00 PER HEAVY EQUIPMENT VEHICLE DELIVERED BY.THE CITY TO THEIR SITE 2.SOUTH BUFFALO AUTO PARTS, 654 ELK STREET, BUFFALO, NY 14206 SUBMITTED PRICES OF $205.00 PER PASSENGER VEHICLES PICKED UP BY THEM $225.00 PER PASSENGER VEHICLE DELIVERED BY THE CITY TO THEIR SITE — $325.00 PER HEAVY EQUIPMENT VEHICLE PICKED UP BY THEM $325.00 PER HEAVY EQUIPMENT VEHICLE DELIVERED BY THE CITY TO THEIR SITE 3. ALL METAL INC, 32 SKILLEN ST, BUFFALO, NEW YORK 14207. SUBMII -FED PRICES OF $200.00 PER PASSENGER VEHICLES PICKED UP BY THEM $200.00 PER PASSENGER VEHICLE DELIVERED BY THE CITY TO THEIR SITE, $150.00 PER NET TON HEAVY EQUIPMENT VEHICLE PICKED UP BY THEM $150.00 PER NET TON HEAVY EQUIPMENT VEHICLE DELIVERED BY THE CITY TO THEIR SITE OUR RECORDS SHOW THE MINIMUM WEIGHT OF OUR HEAVY EQUIPMENT IS THREE (3) TON, THIS IS THE WEIGHT WE USED WHEN BASING OUR PRICE IN THE AWARD OF HEAVY EQUIPMENT TO OBTAIN THE MAXIMUM PRICING THE AWARD WILL BE SPLIT AS FOLLOWS: 1. ALL VEHICLES PICKED UP BY THE VENDOR TO BE AWARDED TO M & M U PULL IT FOR $210.00 EACH 2, ALL VEHICLES DELIVERED BY THE CITY TO THE VENDOR AWARDED TO SOUTH BUFFALO AUTO $225.00 EA 3, ALL HEAVY EQUIPMENT PICKED UP BY VENDOR AWARDED TO ALL METAL INC. FOR $150.00 NET /TON. 4. ALL HEAVY EQUIPMENT DELIVERED AWARDED TO ALL METAL INC. FOR $150.00 NET /TON, Mr. Fontana moved: That the above communication from the Department of Administration, Finance, Policy, and Urban Affairs dated July 14, 2010, be received and filed; and That the Director of Purchase be, and she hereby is authorized to sell junk vehicles to three (3) vendors who are licensed dismantlers, M &M U -Pull it, South Buffalo Auto Parks, All Metal, Inc. for the contract period from July 1, 2010 to June 20, 2011 and may be renewed for two (2) additional one (1) year periods if agreeable to both parties of the vehicles as listed above. PASSED AYES -9 NOES -0 FROM THE COMMISSIONER OF COMMUNITY SERVICES & RECREATIONAL PROGRAMMING NO. 47 FROM THE DEPARTMENT: COMMUNITY SERVICES & RECREATIONAL PROGRAMMING DIVISION: APPROVAL OF AGREEMENT BETWEEN THE CITY OF BUFFALO'S DEPARTMENT OF COMMUNITY SERVICES & RECREATIONAL PROGRAMMING AND THE CENTER FOR EMPLOYMENT OPPORTUNITIES, INC. The Center for Employment Opportunities ( "CEO ") is a not for profit entity that has been in operation in the New York City area in one form or another since at least the early 1990's. CEO's focus has been primarily in assisting prison parolees by providing employment opportunities (and opportunities to develop work habits /skills /re -entry transitioning) for parolees upon their release from prison. Recently increased funding opportunities derived from federal "stimulus" sources have afforded CEO (in conjunction with through the New York State Division of Criminal Justice Services) an opportunity to expand the CEO's efforts and to assist parolees in the Buffalo area. A proposed Memorandum of Understanding ( "MOU ") agreement between CEO and The City of Buffalo has been developed which would facilitate a professionally supervised work crew of up to 8 persons (the work crew would consist entirely of recently paroled City residents being rotated through the CEO's program) over a two year period to assist the City's Department of Citizen Services with services /work projects that otherwise would possibly not be completed - graffiti removal, general City -wide clean -up efforts, etc. Common Council approval is requested for the MOU. CEO will be providing appropriate indemnification and insurance for the benefit of the City. Accordingly, the Department requests your Honorable Body to: Grant the Commissioner and the Department the specific authority to enter into a Memorandum of Understanding (a copy of the agreement is attached hereto). Authorize the Department and /or other appropriate City staff to take all such steps and actions and to execute and /or process such additional documentation and /or modifications thereto as shall be necessary to facilitate the terms and provision of the agreement. Direct the Corporation Counsel and other appropriate City and Department personnel to negotiate to finalization said agreement and other necessary documentation and agreements wherever necessary for execution and actual implementation. REFERRED TO THE COMMITTEE ON FINANCE„ FROM THE CITY CLERK NO. 48 LIQUOR LICENSE APPLICATIONS Attached hereto are communications from persons applying for liquor licenses from the Erie County Alcohol Beverage Control Board. Address Business Name Owner's Name 1503 Hertel Ave Victor's Bar & Grille PaPa D's Bflo Kitchen, LLC 300 Ellicott St Electric Avenue Cafe Electric Avenue Cafe LLC 75 W. Chippewa St 75 West Chippewa Pure 1 Letehworth St. Sidelines J. Gerace Inc. RECEIVED AND FILED NO. 49 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 Common Council- Julia Paul x Corporation Counsel- Brendan R. Mehaffy, Peter Savage III RECEIVED AND FILED. NO. 50 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. 51 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. CERTIFICATE OF APPOINTMENT Appointment effective on July 1, 2010 in the Department of Common Council. The Division of City Clerk to the position of Intern VI with the starting salary of $10.00 Ismahan Farah 131 Congress Ave Buffalo 14213 CERTIFICATE OF APPOINTMENT Appointment effective on July 6, 2010 in the Department of Common Council. The Division of Masten District to the position of Intern VI with the starting salary of $10.00 Vanessa Samuel 400 Parkridge Ave Apt 2A Buffalo 14215 CERTIFICATE OF APPOINTMENT Appointment effective on July 9, 2010 in the Department of Common Council. The Division of Masten District Office to the position of Intern VI with the starting salary of $10.00 Daneshea N Dantzler 80 Stevenson St Buffalo 14220 CERTIFICATE OF APPOINTMENT Appointment effective on July 8, 2010 in the Department of Public Works, Parks & Streets. The Division of Parks to the position of Lifeguard, Seasonal with the starting salary of $11.87 Catherine O. Wright 212 Richmond Avenue Buffalo 14222 NO. 52 NOTICE OF APPOINTMENTS - COMMON COUNCIL STAFF CERTIFICATE OF APPOINTMENT Appointment effective on July 12, 2010 in the Department of Common Council. The Division of City Clerk to the position of Assistant Legislative Aide with the starting salary of $26,231 Kathleen Harrington 89 Milford St Buffalo 14220 Lydell Fortune 988 Humbolt Pkwy Buffalo 14211 ADOPTED NO.63 NOTICES OF APPOINTMENTS - SEASONAL /FLAT I transmit herewith certificates received by me, reporting seasonal and flat salary appointments made in various departments. RECEIVED AND FILED. CERTIFICATE OF APPOINTMENT Appointment effective on July 12, 2010 in the Department of Public Works, Parks & Streets. The Division of Parks to the position of Lifeguard, Seasonal with the starting salary of $11.87 Adrienna E. Dicioccio 152 Schiller Street Buffalo 14206 CERTIFICATE OF APPOINTMENT Appointment effective on July 12, 2010 in the Department of Public Works, Parks & Streets. The Division of Parks to the position of Supervising Lifeguard, Seasonal with the starting salary of $12.00 Evan M. Middlebrooks 36 Hartwell Road Buffalo 14216 Masha A. Polk 70 Winspear Avenue Buffalo 14214 Katherine P. Ryan 182 McKinley Parkway Buffalo 14220 NON - OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON - OFFICIAL COMMUNICATIONS NO. 64 HAZARDOUS CONDITION IN ROOSEVELT PARK WADING POOL To Whom It May Concern, I would like to appear before the Common Council to address the hazardous condition of the wading pool in Roosevelt Park. The pool continually backs up when it rains and or snows, flooding my property and the park. The pool is poor shape with weeds growing, dirty water ands bugs and rodents gathering. With the hot and humid weather this is a breeding ground for mosquito's and bees. Kids are breaking bottles and throwing debris into the pool as it has no function. I would like to be granted the opportunity to appear before the council to address this problem. Best regards, Ricky M. Allen 716 - 430 -4993 allenrm56 @yahoo.com REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 66 RESOLUTION NO. 106 -69A (THE RESPONSIBLE TOBACCO RETAILING ACT) CONFLICTS WITH FEDERAL LAW AND SHOULD BE DEFEATED The preliminary draft of Resolution No. 106 -69A -- the so- called Responsible Tobacco Retailing Act (the "Act ") -- contains numerous and sweeping proposals to limit the sale; advertising and distribution of tobacco products in the City of Buffalo. A large number of the Act's provisions would unnecessarily duplicate, overlap, and /or conflict with Congress' expansive regulation of tobacco products, and FDA's efforts to implement this landmark legislation. Moreover, a number of the Act's provisions attempt to curtail tobacco product sales and advertising in ways that exceed constitutional bounds. A few of the measures included in this legislation were recently enacted by ordinance or promulgated by rule in New York City. However, those measures have been challenged in federal court, among other things, as preempted by the FDA legislation and as exceeding the bounds of the First Amendment. Those cases are currently pending in federal court. For these reasons and the reasons discussed below, Philip Morris USA Inc, U.S. Smokeless Tobacco Co. and John Middleton Co. urge that the Act be defeated. Proposed Manufacturer Fee. The Act proposes to impose a fee on each tobacco product manufacturer in an amount equal to $1,000 per year per brand style sold by that manufacturer in Buffalo. • New York already imposes that highest state excise tax in the country on a pack of cigarettes. It makes no sense in this economic downturn to impose additional costs on adult consumers of tobacco products. In addition, this fee would provide manufacturers with an incentive to offer fewer brand choices to consumers in Buffalo. If that were to occur, Buffalo consumers might seek to obtain their preferred brands by traveling outside of Buffalo's city limits, where they might purchase additional products other than tobacco products, thus unfairly damaging retailers within Buffalo's city limits. Proposed Prohibition on the Sale of Certain Tobacco Products. The Act would prohibit the sale of tobacco products (except in adult -only tobacco outlets) that produce a "distinguishable flavor, taste or aroma (other than tobacco, menthol, wintergreen or mint) that can be readily perceived by a consumer or other person either prior to or during consumption ". • § 195 -7(A). This proposal should be rejected for at least the following reasons. Congress chose not to ban characterizing flavors in tobacco products other than cigarettes. This decision recognized that -- unlike the limited, niche market in flavored cigarettes -- other forms of flavored tobacco products are used and preferred by millions of adult tobacco consumers. Congress also recognized that a ban on popular products could produce serious adverse consequences, such as fueling a black market for the prohibited products that would undermine public health objectives. Accordingly, instead of acting rashly, Congress provided FDA authority to promulgate additional tobacco product standards, including regulations on other flavored tobacco products, after careful study and analysis and in accordance with specified standards. In addition to these policy considerations, this provision of the Act is preempted by the FDA legislation. The FDA legislation already establishes a tobacco product standard with respect to characterizing flavors in cigarettes and delegates authority to FDA to adopt additional tobacco product standards for cigarettes and for smokeless and other tobacco products. See 21 U.S.C. § 387g. The FDA legislation expressly preempts local laws that establish tobacco product standards that are different from, or in addition to, those set forth in the federal law. 21 U.S.C. § 387p(a)(2)(A). • Indeed, a NYC law similar to the measure proposed in Buffalo has been challenged in federal court on preemption and other grounds. The Act also violates the due process clause of the federal and New York state constitutions. To comply with due process, a statute must provide sufficient notice of what conduct is prohibited so that individuals are not left to guess its meaning. See People v. Bright, 71 N.Y.2d 376, 382 (1988); Doe v. State, 189 A.D.2d 199, 210 (4th Dept 1993) ( "Due process requires.., a reasonable degree of certainty so that individuals of ordinary intelligence are not left to guess at the meaning of a given statutory term. "); see also Grayned v. City of Roekdbrd, 408 U.S. 104, 108 -110 (1972); Uhlfelder v. Weinshall, 10 Misc. 3d 151,175 n.15 (Sup. Ct. N.Y. Co. 2005), aft'd, 47 A.D.3d 169 (Ist Dep't 2007). The Act's ban on flavored tobacco products is unconstitutionally vague because it fails to provide any meaningful guidance by which a manufacturer or retailer is to determine whether a tobacco product produces a "distinguishable flavor, taste or aroma.., that can be readily perceived by a consumer or other person." § 195 -7(A). Whether a product produces a "distinguishable" flavor is an inherently subjective question and the Act fails to provide how the City will make that determination. Thus, the Act provides no guidance for enforcement officials and thus inevitably will encourage arbitrary enforcement, in violation of due process. Prohibition on Tobacco Product Promotions Such as Discounts and Multi -Pack Offers. The Act would prohibit manufacturers and retailers from promoting their products to adult tobacco product users through coupons, multi -pack offers or other retail pricing promotions. § 195 -5. This proposal should be rejected for a number of reasons. The intent of this provision appears to be to interfere in the competitive dynamic in the marketplace in an attempt to cause consumers to pay higher prices in Buffalo. There is no reason to believe the bill would have this effect at all - indeed, as noted below, it could have the opposite effect. But even if it did lead to higher prices, that result would hurt Buffalo consumers in a state with the highest state excise taxes in the United States, and would result in a further reduction in tax paid sales in the State due to sales shifting to other venues. Tobacco product manufacturers vigorously compete for the business of current adult tobacco consumers on a variety of factors, including price. There are a number of ways to deliver price value to adult tobacco consumers. Manufacturers can lower their list prices; they can also engage in more targeted and limited price promotions while continuing to maintain a higher list price. The Act's prohibition against certain promotional activities would not end competition among manufacturers. Rather, it would substantially narrow the set of available tools for manufacturers to compete. Moreover, this provision is preempted with respect to cigarettes by the Federal Cigarette Labeling and Advertising Act ( "FCLAA "). FCLAA protects interstate commerce from "diverse... and confusing Cigarette labeling and advertising regulations." 15 U.S.C. § 1331. It accomplishes this goal by, among other things, prohibiting any state or local "requirement or prohibition based on smoking and health.., with respect to the advertising or promotion" of cigarettes bearing the federally mandated health warnings. 15 U.S.C. § 1334(b). The Act is not exempt from the FCLAA's preemption provision as a restriction "on the time, place, and manner, but not content, of the advertising or promotion of any cigarettes," 15 U.S.C. § 1334(c). The Act does not merely regulate the time, place or manner of cigarette promotions; it prohibits them outright, thus regulating the content of cigarette promotions. Minimum Tobacco Product Package Size Requirements. The Act would impose minimum pack sizes for tobacco products sold within the City of Buffalo -- 20 cigarettes for cigarettes, once ounce for conventional smokeless tobacco containers, 5 cigars, and 10 pouches for snus. § 195 -6. • This measure appears designed to increase the price of tobacco products; however, it does so by requiring adult consumers to purchase more tobacco products than they might otherwise want or consume. The consumer markets for various types of tobacco products are substantially different. For example, the data shows that the majority of adult cigar smokers smoke cigars only occasionally, not daily. Indeed, less than one percent of adults who smoke cigars do so on a daily basis] As a result, many adult cigar consumers legitimately prefer to purchase cigars in smaller quantities - perhaps only a single cigar or a few cigars at a time. 1 See National Cancer Institute, Monograph 9: Cigars: Health Effects and Trends, Trends in Cigar Smoking and Smoking Prevalence, 40 -49 ( 1998); CDC, Cigarette Smoking Among Limits on Tobacco Product Advertising by Retailers. The Act would limit dramatically the tobacco product advertising that retailers can use to communicate with adult tobacco product users. § 195 -11. • These limitations on commercial speech fail to withstand scrutiny under the Supreme Court's Central Hudson analysis. In addition, the Act runs headlong into regulations already promulgated or being considered by FDA. FDA has issued a Final Tobacco Rule imposing significant and far - reaching restrictions on the advertising and sale of tobacco products. In addition, in a recent Advanced Notice of Proposed Rulemaking, FDA sought comments on potential outdoor advertising restrictions. Requirement that Tobacco Product Retailers Display Educational Warning Signs. The Act mandates that "any person located in the City of Buffalo in the business of selling Tobacco Products to consumers in this City shall prominently display educational warning signs made available by the Department [of Economic Development, Permit and Inspection] regarding tobacco products and their use, harms and addictiveness. ". § 195 -9(A). These signs "may use text, graphics, colors, images or pictures and shall provide information from the Department and the City about the addictiveness and harmfulness of tobacco use or the benefits from quitting or reducing such tobacco use." § 195 -9(B). Among other things, the Act is both preempted by federal law and runs afoul of the First Amendment. For example, the FCLAA establishes detailed requirements regarding the location, size, font, and color scheme of health warnings on cigarette packages and in cigarette advertisements, including point -of -sale displays. 15 U.S.C. § 1333(a)(2), (b)(2). The recently- enacted FSPTCA, which amended the FCLAA, requires FDA.to promulgate regulations requiring further warnings including the display of some types of images that depict the health consequences of smoking. 15 U.S.C. § 1333(d); FSPTCA § 201. Buffalo's duplicative warning requirements fall within the preemption provisions accompanying these federal requirements, which, again, covers any "requirement or prohibition based on smoking and health.., with respect to the advertising or promotion of... cigarettes." 15 U.S.C. § 1334(b). For similar reasons, a NYC regulation similar to the one proposed in this Act has recently been challenged in the federal courts and is not being enforced by the City pending ruling by the court. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 56 J. ANDOLSEK- CONCERNS PARKING TICKETS REFERRED TO THE COMMITTEE ON LEGISLATION AND THE PARKING VIOLATIONS BUREAU NO. 57 BFLO OLMSTED PARKS CONSERVE -MEDIA EVENT JAPANESE GARDENS Item Available for review in The City clerk's Office RECEIVED AND FILED NO. 58 ERIE COUNTY 2010 ANNUAL REPORT DEPARTMENT OF REAL PROPERTY TAX SERVICES Available for review in the City Clerks Office REFERRED TO THE COMMITTEE ON FINANCE NO. 59 C. HAYNES- CONCERNS TOWNE GARDENS PLAZA Dear City Clerk, My office has received numerous calls regarding the property managers at Towne Gardens Plaza located at 440 Clinton Street. Residents have complained regarding Electrical problems, unsafe conditions, inadequate lighting at night, criminal mischief, illegal activity on the property, a lack of garbage receptacles, uncut grass, walkways that are not shoveled, etc.... etc... Recently, many residents received eviction letters because they have washer and dryers in their .apartments. Residents have had these appliances in their apartments for more than 30 years now they are being told to remove them. They are told they must use the laundry mat they are opening. Many residents are upset and are seeking the help of my office to help resolve the issues at hand. Please file the attached resident concerns with the common council. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 60 M. KEARNS- LIVABLE COMMUNITY GRANT APPLICATION Dear Mr. Chwalinski, I am requesting that the attached information be filed for the next Common Council meeting, to be held on July 13 ", 2010. Thank you, CityCorps Buffalo's Livable Communities Grant Application: Summary of the Process On March 3rd. 2010, CityCorps Buffalo submitted a completed Livable Communities Grant application to the Office of Citizen Services. The application was submitted with all necessary copies and attachments, as described in the Livable Communities Grant 2010 Guidelines. The LCG application guidelines stated that all applicants would be notified of a funding decision by April 15, 2010. CityCorps Buffalo received no notification of the status of their application on this date, nor for two weeks after. On April 29 2010, Oswaldo Mestre, Director of Citizen Services, verbally informed CityCorps Buffalo that there was an 'issue' with their application, and indicated that they must resubmit their application through a different non - profit organization. After this meeting on April 29 Mr. Mestre did not send CityCorps Buffalo the forms that needed to be filed until May 10 2010. Upon receiving the required forms on May 10, CityCorps Buffalo submitted this paperwork to Mr. Mestre on the same day. CityCorps Buffalo did not receive any confirmation of receipt of this paperwork, and sent a follow -up email to Mr. Mestre on May 17, 2010. On May 7, Mr. Mestre notified CityCorps Buffalo that he had misplaced the revised application materials submitted on May 10, and requested that CityCorps Buffalo re- submit application materials for a third time. After this date, Mr. Mestre did not respond to several requests from CityCorps Buffalo for an update on the project. The project, with an estimated budget of $3500, took place on June 18 2010, and Mr. Mestre refused to respond to CityCorps Buffalo with any information about the status of the grant up to this date. As of this writing, July 11, 2010, CityCorps Buffalo is yet to hear from Mr. Mestre on the status of the grant application. RECEIVED AND FILED NO. 61 L. KOSTEK- CONCERNS HEART OF THE CITY NEIGHBORHOOD'S PROJECT, CYNTHIA GARDENS /BARKER COMMONS Dear Councilmember Haynes: This letter is in response to your letter dated May 20, 2010. Your decision to support Heart Of the City Neighborhood's (HOCN) proposed project, "Cynthia Gardens /Barker Commons," is a disappointment. You state that this project "has been in the works for about 5 years." It seems HOCN has shared details about the scope of this project without explaining that, over these same 5 years, no formal details of the project have been shared with people most impacted by this project: neighborhood at you do not even take the time to explain this assertion Rather than make an attempt to hear from "both sides," public meeting with purposely favor HOCN or are woefully blind to the more like a panel set -up to sell the project- Isn't having a panelist who project a conflict of interest? Isn't having a panelist another non - profit, with a similar mission, another conflict of interest? Isn't having a panelist from Assemblymember Sam Hoyt's office a political statement? Isn't having a panelist, a real estate agent, who does very little work in the City of Buffalo, an example of poor judgment? Contrary to your next assertion, the neighborhood was never "informed" about Cynthia Gardens by HOCN. If you believe in the neighborhood was informed," please supply evidence of the notice, dates, and times of this. In fact, a major objection to this project is that no meetings were ever called to discuss the project or if the project was even a real possibility until after HOCN sought and received funding. Perhaps HOCN might provide copies of the application showing who from the community supported this project? You state, "Many believed the project was going to be condominiums." The point is, there was no way of knowing exactly what the scope of the project was because HOCN never shared plans for this project with the neighborhood! If HOCN had properly notified the neighborhood, there would never have been an "original misimpression that led to further misimpressions." That you would support a project so improperly handled from the outset is shocking! Furthermore, on Thursday, July 8, 2010, an article in the Buffalo News announced that this project has received funding in part to provide housing for the homeless. The article said that HOCN received grant money "for low and very low- income families. Two of the units will be set aside for homeless families" (see attached). The fact that HOCN is saying the Buffalo News will print a retraction of this statement is further evidence that HOCN has public relations issues that go beyond "misimpressions." In fact, the Buffalo News did not print a retraction. An updated version of the same article appeared on the Buffalo News website on July 9, 2010. Similarly, you can imagine the surprise when we first learned in 2009 that HOCN received funding to build a low income housing project! This after many attempts to obtain information about the scope of this project. It seems every effort to gain information about this project goes unanswered. You assert, "Cynthia Gardens will be affordable housing - not subsidized." Yet you provide no support for this assertion. If there is support for this information, we ask you or HOCN provide it. We have been making this request for as long as we have known of this project. Indeed, our understanding is that HOCN cannot turn away Section 8 vouchers. HOCN has indicated they will be inspected for and accept Section 8 housing applicants. This constitutes subsidized housing. As I have stated in my numerous correspondence with you, this project should be seen in context of the on -going efforts of the neighborhood. New residents, along with others that have lived in the neighborhood for many years, are working to improve conditions on Hudson, Plymouth and the surrounding streets. Many of these houses are multi units. I am responsible fur renovating four units (two doubles). These units, which were formerly neglected, are now affordable apartments. Thus with private investment, we are creating desirable, market rate housing in the area. You also say that the street traffic would not be "radically increased." Eight units on an already dangerous comer is reason for concern. Please refer to my recent email with photos of an aggressive driver overtaking a Metro bus on Hudson. This person hit the tree on Hudson and Plymouth and did a lot of damage to his car and some damage to the tree. There were three people in the car and they are lucky to be alive. It was shocking to watch and many concerned neighbors came out to talk with the police after the accident. We believe further traffic impact studies are required before adding to the current density. You also say that Cynthia Gardens will be built to look like typical Buffalo duplexes. The proposed buildings on Hudson are 60' wide. Most doubles, in the city of Buffalo are half that size. These buildings are not consistent with the character of the neighborhood. You go on to say that this project uses "green technology." This is a stretch. I do not believe central air conditioning and plastic siding are commonly included in certified "green" projects. Saying that there is "sufficient green and play space in the neighborhood" is not true. HOCN had planned that the City would demolish the adjacent house at 288 Hudson Street. Instead, the Stephens' family recently purchased the house and now occupies it. In addition, your assertion that children can play "across the street" is a dangerous solution. Crossing the street on Hudson is hazardous and puts children at risk. I'm disappointed that you chose not to meet with neighbors to discuss our list of issues. You could have walked Hudson with the residents who have been writing to you and calling you about specific concerns. We demand proper representation in our neighborhood. We believe that the sale of the lot of from the City of Buffalo to Heart of the City Neighborhoods is in effect, and under false pretence. Some members of the community originally supported HOCN's designated developer status of the city -owned parcel because of the stated use of condominiums. Now that the nature of the project has changed, the community demands that the RFP process begin anew for the use of the property. HOCN's designated developer status should be invalidated and more appropriate use of the valuable property be used that is in the best interest for the community and entire City of Buffalo. Lauren M. Kostek REFERRED TO THE COMMITTEE ON LEGISLATION NO. 62 D. RYAN - CONCERNS 1518 HERTEL AVE Please accept this as a notice of intent to file an Article 78 suit against the City of Buffalo for failure to hold a public hearing on 1518 Hertel Avenue pursuant to 511.55 of the City Charter. Thank you. Dan Ryan 128Wellington Rd. Buffalo, NY 14216 716 - 832 -1148 RECEIVED AND, EILED NO. 63 D. SMITH - CONCERNS REMOVAL OF COPY MACHINE James Pajak, Chief of Staff 1413 City Hall Buffalo NY 14202 Dear Mr. Pajak: The Common Council has two copy machines available for use by Councilmembers and their staff offices on the 14 floor. One machine is located in the Council Staff office and is available during normal business hours. The other is located in Room 1417A and is supposed to available on a 24/7 basis for use by Council offices after normal hours and on weekends. I was very upset to learn that the copy machine had been removed from 1417A without all members of the Council agreeing to such a move. My office is often open in the evening and I need to have access to a copy machine on weekends. The Masten District office serves the residents of Masten and the City all hours of the day and week and moving the copier to a space that is not accessible is an insult to the members of the Council, their staffs and the residents of the City of Buffalo who contact our office at all hours of the day and night. Please explain why this move was made and what provisions are in place for Councilmembers and staff employees who need access to a copy machine in the evening and on weekends. REFERRED TO THE COMMITTEE ON FINANCE NO. 64 D. SMITH- MISC SUPPORT LETTERS FOR RESPONSIBLE TOBACCO RETAILING ACT Dear Councilmember Smith: Cigarette smoking is the number one cause of preventable deaths in the United States each year. It is widely known that cigarette smoking increases the risk of developing cancer and other chronic diseases, yet every day people continue to light up. Tobacco companies market their brands to younger and younger consumers, who in turn are replacing the nearly half million people who die of smoking related diseases each year. As a researcher who has spent her career working to make America's youth healthier, I urge you to support the Responsible Tobacco Retailing Act, which would place stricter provisions on the sale of tobacco products with the overall goal of reducing the number of outlets that sell tobacco products. If we can reduce the number of outlets selling tobacco products and make tobacco products less appealing to our youth, we have a chance of preventing a generation from experiencing the ill effects of BIG TOBACCO. I am in support of this legislation and I urge you to arrange a public hearing to further the progression of this bill into law. Thank you for your time and attention to this matter. Sincerely, Project Coordinator, Behavioral Medicine Laboratory University at Buffalo REFERRED TO THE COMMITTEE ON LEGISLATION. NO. 65 N. TAYLOR NATIONAL FUEL FILES FOR YEAR FOUR OF CONSERVATION INCENTIVE PROGRAM (June 30, 2010) Williamsville, N.Y.: National Fuel Gas Distribution Corporation's New York division, the natural gas utility serving approximately 500,000 customers in Western New York, announces that it has filed a request with the New York State Public Service Commission to approve a plan for extending the Utility's Conservation Incentive Program (CIP) for its fourth year, beginning Dec. 1, 2010. The C1 P includes money- savings rebates for residential and non - residential customers for purchasing high- efficiency natural gas equipment. It also offers free weatherization services for qualifying low- income households. National Fuel is committed to helping its customers conserve energy and save on heating costs. In 2007, National Fuel was the first natural gas utility in New York State to offer customers a comprehensive, multi - million dollar conservation and energy efficiency program designed to provide more efficient housing and lower gas costs for customers. Since its inception, National Fuel's CIP has provided: Over 45,000 rebates, totaling more than $8 million, to customers who installed energy- efficient gas appliances and other equipment; Over 1,500 qualifying low- income households with energy efficiency funding at an average cost of $4,000 per household; • CIP customers with experienced measured drops in usage and heating systems savings of approximately 12 percent of annual consumption; and • Added and preserved jobs for local heating contractors, appliance retailers and energy service companies. Rebates are still available for qualifying equipment for year three of the CIP through Nov. 30, 2010. Equipment purchased and installed on Dec. 1, 2009, or after, must be eligible based on the charts listed on the following pages in order to qualify for a rebate. Visit www.NationalFuelForThought.com for those requirements. Details on Rebates for Residential Customers: The CIP offers residential customers in National Fuel's Western New York service area rebates when they replace specified appliances with new, energy- efficient models and install an Energy Star® -rated programmable thermostat. Rebates are available for the following items: Available for review in the City Clerk's Office The CIP continues to include a non - residential rebate offer for customers whose facilities use less than 12,000 Miff (thousand cubic feet) of natural gas per year that is not based on a fixed rebate schedule. This program feature is implemented in partnership with the New York State Energy Research and Development Authority (NYSERDA) through its Existing Facilities Program. For these customers, customized rebates will be based upon the installed cost for the new equipment and the amount of savings it will generate. As much as 50 percent of the incremental equipment and installation costs, up to $25,000 per project, is currently offered. Small, non - residential customers interested in customized rebates should call 1- 866 - NYSERDA, or 1- 866 - 697 -3732, to learn more. Please Note: Some requirements apply to both components of the non - residential rebates available. Visit www.NationalFuelForThought.com to learn more. The CIP includes free weatherization assistance implemented in partnership with the NYSERDA through its EmPower New York program. This is a comprehensive, whole -house weatherization program available to qualifying low- income households throughout National Fuel's Western New York service area. Customers who may be eligible for free weatherization assistance through the CIP will be identified by National Fuel and social service providers and referred to EmPower New York To learn more about the C1 P or to download residential and /or non - residential rebate applications, visit www.NationalFuelForThought.com or call 1- 800 - 365 -3234. National Fuel Gas Distribution Corporation is the utility segment of National Fuel Gas Company, a diversified energy holding company that is engaged in a number of natural gas - related activities. The Utility provides natural gas service to approximately 500,000 customers in Western New York. Additional information about National Fuel and its customer services is available at www.nationalfuelgas.com or by calling 1- 800 - 365 -3234. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 66 A. THOM PSON-M BE/WBE FORUM Dear Senator Thompson: Thank you for inviting me to the above Forum held in The State Office Building to hear the presentations by Michael Jones and others. In the question and answer period following the presentation, I introduced myself as an architect that has been in business for 47 years in Buffalo, and that wanted to voice some concerns that I have about the minority procurement process. Because of the prevailing prejudice that Michael Jones alluded to in his presentation, the only way that African Americans and other minorities can get a fair share of the market is through government affirmative action. White businesses won't hire us and we must depend upon creative affirmative programs to sustain us. The father of affirmative action programs in the United States was Philadelphia Lawyer William Coleman who was selected as Secretary of Transportation in the Nixon Administration. Installed in the mid - nineteen seventies, and though Republican, he instituted a sweeping affirmative action plan that mandated that fifteen percent of all transportation projects go to minority and women owned firms. The result was startling and minorities and women had a major impact on the transportation systems in our country. This included the Buffalo Metrorail system where we designed the South Park Yards and Shops, the Operations Control Center, and the Utica Station. William Coleman's experiment was so successful that all Federal agencies were included in it. It proves that an effective and enforced affirmative action programs that mandated percentages of m minorities can work. And if it can work on the Federal level, why can it work on the State and local level as well... Buffalo is completing a billion dollar School Reconstruction project that was supposed to put minorities and women to work, but a review of the selection process for architects indicates that it has not worked, at least in regards to African American firms. Of the more than fifty projects awarded only three were awarded to African American firms, and our firm received only one. This is surprising in that we discovered that some firms received five and even six projects. As we look to increase the number of African American Architects, if at the end of ten to fifteen years of training, they are not hired by anyone to use their talents to rebuild our cities, then what is the point in saying that we need our best and our brightest? Anyone experiencing the Frank Merriweather Library can see the unique creativity that an African American Architect brings to a project. cc: Mayor Byron W. Brown AssemblypersQn Crystal Peoples- Stokes Robert T. Coles. FAIA, President REFERRED TO THE MINORITY BUSINESS ENTERPRISE SPECIAL COMMITTEE. PETITIONS NO. 67 W. HOVEY, AGENT, USE 1198 HERTEL TO ERECT A COOLER ADDITION TO THE REAR OF A RESTAURANT (DEL)( HRG 7/20) Mr. Fontana moved That the application of W. Hoveyas architect for Tom Lombardo's Inc to erect a 1 story metal cooler addition off the rear of an existing one story masonry restaurant " Lombardo's" and to remodel the kitchen area is hereby approved PASSED AYES -9 NOES -0 NO. 68 J. LIU, OWNER, USE 582 GRANT ST FOR SIDEWALK PATIO (NORTH)(NO PUB HRG) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 69 PETITION C. MARTZOLF & O- SUPPORT PROPOSED RESPONSIBLE TOBACCO RETAILING ACT We the undersigned support the proposed Responsible Tobacco Retailing Act. Whereas, tobacco products are addicting and harmful, yet tobacco product marketing continues to dominate the indoor and outdoor landscape of retail outlets in the City of Buffalo, thereby exposing children and others tea constant barrage of images and selling messages intended to make tobacco products appear safe and appealing; and Whereas, tobacco retailers are licensed by New York State, the state license only requires retailers not sell to minors and there are no other restrictions regarding retail marketing of tobacco products; and Whereas, only the government can counter the seemingly endless promotion of tobacco products to young and old alike in the City of Buffalo; and Whereas, we feel the Need to change the status quo by defining responsible retailing practices for tobacco products and providing resources For enforcement of these common sense rules as proposed in the Responsible TObaceo Retailing Act such as: 1. Requiring businesses that sell tobacco products to possess a renewable annual license to sell tobacco products; 2. Gradually reducing the number and locations of businesses selling tobacco products; 3. Defining responsible retail marketing of tobacco products; and 4. Allowing for routine inspection of retail outlets to ensure compliance with responsible and lawfull retail marketing practices. Therefore, we the undersigned rage the Buffalo Common Council to pass the'Responsible Tobacco Retailing Act. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 70 W. TYLER, OWNER, USE 36 BRAODWAY- CREATE SEASONAL OUTDOOR CAFE (ELL)(NO PUB HRG) Mr. Fontana moved: That the above communication from Wilbur K. Tyler, be received and filed; and That pursuant to Chapter 150 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services be, and he hereby is authorized to issue a "Mere License" to Wilbur K. Tyler, owner, located at 36 Broadway, to install a seasonal outdoor cafe, which would encroach city right -of -way at said address, subject to the conditions as required by the City Planning Board. PASSED AYES -9 NOES -0 CIVIL SERVICE (BONNIE E. RUSSELL, CHAIRPERSON) NO. 71 APPT COMM OF PERMITS AND INSPECTION SERVICES (EXEMPT)(COMERFORD, JR)(EDPI) ( #35, 7/6) Mrs. Russell moved That the above item be the same and herby is Received and Filed. ADOPTED NO. 72 APPT SR. SPECIAL ASSIST TO COMM OF EDPI (EXEMPT)(MARCY)(EDPI) ( #36, 7/6) Mrs. Russell moved That the above item be the same and is Received and Filed. ADOPTED NO. 73 APPT COMPENSATION & BENEFITS SPECIALIST (PROV)(INTERM)(MACHIN)(HR CCP #39, 7/6 Mrs. Russell moved That Communication 39 of July 6, 2010 be Received and Filed and that the Provisional appointment of Heather Machin, 14 Rosedale St, Buffalo 14207 stated above at the salary of $43,631 is hereby approved. PASSED AYES -9 NOES -0 NO. 74 NOTICES OF APPOINTMENTS - TEMP /PROV /PERM(CTY CLK) (#48, 7/6) Mrs. Russell moved That the above item be the same and herby is Received and Filed. ADOPTED FINANCE (MICHAEL P. KEARNS, CHAIRPERSON) NO. 75 RENEWABLE ENERGY AND ENERGY UPGRADES CITY FACILITIES (PW) ( #23, 7/6) Mr. Kearns That the above item be the same and herby is Received and Filed. ADOPTED NO. 76 SALE OF SCRAP METAL (A &F) ( #3 8, 7/6) Mr. Kearns moved That the above item be the same and herby is Received and Filed. ADOPTED NO. 77 LEASE AGREEMENT - NORTH BUFFALO COMMUNITY DEVELOPMENT CORPORATION LAFAYETTE ICE RINK (ITEM NO. 6, C.C.P., JUNE 22, 2010) (ITEM NO. 64, C.C.P., JULY 6, 2010) Mr. Kearns moved That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Kearns moved: That the Director of Real Estate be, and he hereby is authorized to renew the lease between the City and the North Buffalo Community Development Corporation, Inc., for the operation of the Lafayette Ice Rink located at 124 Tacoma (a /k/a 160 Tacoma) for an additional one (1) year term commencing on May 21, 2010 and expiring May 21, 2011. All other terms and conditions of said lease agreement shall remain the same but not limited to the conditions as listed in the above communication. That the Acting Corporation Counsel be authorized to renew the lease and that the Mayor be authorized to execute the same. PASSED AYES -9 NOES -0 NO 78 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., JULY 6, 2010) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Kearns moved: That the Mayor be, and he hereby is authorized to enter into a contract with the Buffalo Municipal Housing Authority permitting the Buffalo Police Department to provide supplemental police services at various housing developments owned by the Buffalo Municipal Housing Authority. The City will be paid at a rate of $63.96 per officer per hour and not to exceed $650,000. Funds are grant funded to the Buffalo Municipal Housing Authority through the United States Department of Housing and Urban Development. PASSED AYES -9 NOES -0 LEGISLATION (JOSEPH GOLOMBEK JR., CHAIRPERSON) NO 79 T. ALNAJI - USE 958 EAST FERRY FOR A POLE SIGN (ITEM NO. 59, C.C.P., JULY 6, 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 80 APPOINTMENT - CORPORATION COUNSEL (ITEM NO. 2, C.C.P., JULY 6, 2010) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Golombek moved: That the appointment of David Rodriguez, residing at 36 Dorchester as Corporation Counsel, be and he hereby is Recommitted. Seconded by Mr. Fontana LOST Ayes — Fontana, Golombek, Smith —3 Noes - Franczyk, Haynes, Kearns, LoCurto, Rivera, Russell — 6 Mr. LoCurto made a motion to DENY seconded by Mr. Kearns Ayes- Franczyk, Haynes, Kearns, LoCurto, Rivera 5 Noes - Fontana, Golombek, Russell, Smith 4 DENY NO 81 APPOINTMENT- COMMISSIONER OF PARKING (ITEM NO. 3, C.C.P., JULY 6, 2010) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Golombek moved: That the appointment of Kevin J. Helfer, residing at 71 Radcliffe Road as Commissioner of the Department of Parking, be and he hereby is approved. PASSED AYES -9 NOES -0 NO 82 FOOD STORE LICENSE - 72 E. AMHERST (ITEM NO. 26, C.C.P., JULY 6, 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 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 Fayez Almuganahi d /b /a Amherst Food Express Mart Inc. located at 72 E. Amherst. PASSED AYES -9 NOES -0 NO 83 FOOD STORE LICENSE - 322 NORTHLAND (ITEM NO. 29, C.C.P., JULY 6, 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 84 SECOND HAND DEALER LICENSE - 819 EAST FERRY (ITEM NO. 32, C.C.P., JULY 6, 2010) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Golombek moved: That pursuant to Chapter 254 of the City Code, the Commissioner of Economic Development Permit and Inspections Services be, and he hereby is authorized to grant a Second Hand Dealer License to Frederick & Todd Simpson d /b /a Fred's Small Engine located at 819 East Ferry. PASSED AYES -9 NOES -0 NO 85 R. FONTANA- ARTICLE - CONCERNS OF HYDRAULIC FRACTURING IN NYS ( #51, 7/6) That the above item be the same and herby is Received and Filed. ADOPTED NO 86 ORDINANCE AMENDMENT - CHAPTER 611 - ZONING (M2 GENERAL INDUSTRIAL DISTRICT) (ITEM NO. 95, C.C.P., JULY 6, 2010) That the Ordinance Amendment as contained in Item No. 95, C.C.P., July 6, 2010, be and the same hereby is approved. PASSED AYES -9 NOES -0 NO 87 FOOD STORE LICENSE - 1426 FILLMORE (ITEM NO. 12, C.C.P., MAR: 2 2010) (ITEM NO. 86, C.C.P., JULY 6 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: 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 Adham Saleh located at 1426 Fillmore d /b /a Ajwani Market. PASSED AYES -9 NOES -0 NO 88 SIDEWALK CAFE LICENSE - 727 ELMWOOD AVENUE (ITEM NO. 33, 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 Kevin Brinkworth, applicant, located at 727 Elmwood Avenue, to install a similar 27 x 7 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 89 SIDEWALK CAFE LICENSE - 45 WEST CHIPPEWA AVENUE (ITEM NO. 34, 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 Christian Battaglia, applicant, located at 45 West Chippewa Avenue, to install a similar 38 x 7 sidewalk car6, which would encroach city fight -of -way at said address, subject to the conditions as, requested by the Commissioner, and on the condition • that there be no co- mingling of patrons above and below 21 years of age. PASSED AYES -9 NOES -0 NO 90 LL INTRO #4- AMENDING CHARTER IN RELATION TO CREATION OF DEPT OF PARKING ( #101 5/11)( #115 6/8) That the above item be the same and herby is Received and Filed. ADOPTED NO 91 R. EASON - USE 502 ELMWOOD AVENUE - OUTDOOR PATIO (ITEM NO. 59, C.C.P., APR. 27 2010) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Golombek moved: That after the public hearing before the Committee on Legislation on May 4, 2010, the petition of R. Eason, agent, for permission to use 502 Elmwood Avenue for an outdoor oaf6 at grade to the front of an existing sit -in restaurant be, and hereby is approved. PASSED AYES -9 NOES -0 RESOLUTIONS NO 92 BY MR. FONTANA APPOINTMENT ASSISTANT LEGISLATIVE AIDE The Common Council hereby moves approval of the appointment of Lydell Fortune 988 Humboldt Parkway, Buffalo, New York 14211 to the position of Assistant Legislative Aide pursuant to Section 27 of the Charter of the City of Buffalo to be effective July 12, 2010. ADOPTED. NO 93 BY MR. FONTANA APPOINTMENT LEGISLATIVE ASSISTANT TO COUNCILMEMBER The Common Council hereby moves approval of the appointment of Bryan Bollman, 226 Gold Street Buffalo, New York 14206 to the position of Legislative Assistant pursuant to Section 27 of the Charter of the City of Buffalo. ADOPTED. NO 94 SPONSOR: RICHARD A. FONTANA WAIVE DISPOSAL FEES AT SOUTH OGDEN TRANSFER STATION FOR HABITAT FOR HUMANITY WHEREAS, Habitat for Humanity has an excellent reputation as a not - for - profit organization that provides decent and affordable housing for people in Buffalo; and WHEREAS, The Habitat for Humanity volunteer work force continues to rehabilitate older homes and build new ones to strengthen the City of Buffalo by increasing home ownership and creating additional property tax revenue; and WHEREAS, The City of Buffalo owns a transfer station on South Ogden St. that it allows private citizens and organizations to use, for a fee, to dump bulk trash on their own and alleviate heavy trash pile -ups on City streets; and WHEREAS, By waiving fees for Habitat for Humanity, the City of Buffalo will be directly reducing their building costs and freeing up construction dollars that can be used to complete additional projects; and WHEREAS, Habitat for Humanity spends ninety cents out of each dollar donated on the purchase of construction materials in the Buffalo area, which provides a positive economic impact on the local economy and creates additional revenue for the city when completed projects go back on the tax rolls; and BE IT FURTHER RESOLVED, That the Common Council does hereby request that the City of Buffalo Department of Public Works, Parks & Streets waive Disposal Fees at South Ogden Transfer Station for Habitat for Humanity for the 2010 - 2011 fiscal year; and BE IT FINALLY RESOLVED, That the City Clerk is directed to send certified copies of this resolution to James W. Comerford, Commissioner of Economic Development, Permit & Inspections Services; Steven J. Stepniak, Commissioner of Public Works, Parks & Streets; David Rodriguez, Acting Corporation Counsel; and Ronald Talboys, President of Habitat for Humanity Buffalo, 995 Kensington Avenue, Buffalo, NY, 14215. ADOPTED NO 95 BY MR. FRANCZYK APPOINTMENT ASSISTANT LEGISLATIVE AIDE II The Common Council hereby moves approval of the appointment of Roxanne Chase, 57 Fillmore Buffalo, New York 14210 to the position of Assistant Legislative Aide II pursuant to Section 27 of the Charter of the City of Buffalo. ADOPTED. 10 1 [61:I1 BY: MR. FRANCZYK IMPOUND VEHICLES FOR DRUG, DWI, WEAPONS AND NOISE VIOLATIONS WHEREAS: In certain instances, operators of motor vehicles utilize their transportation as a mobile center of criminal activity; and, WHEREAS: Some drivers use their vehicles to transport illegal narcotics, carry/weapons, blare disturbingly loud music, or drive while intoxicated; and, WHEREAS: It would be useful for the city to make it intolerably expensive and inconvenient for the violator to discourage future use of a vehicle for criminal purposes; and, WHEREAS: Although the Common Council increased fines for noise violations, for example, offenders can refuse to pay the summons with little consequences. These offenders continue to blare excessively loud music throughout the city with virtual impunity; and, WHEREAS: In 2004, the City of Peoria, Illinois, began a Drug Vehicle Impound Program, whereby the city would tow and impound the vehicle of individuals transporting drugs. The owner or lien holder of the vehicle would then be liable for paying $525.00 to the city, and towing and storage fees; and, WHEREAS: The City of Peoria then instituted a DWI Vehicle Impound Program, with similar penalties; and, WHEREAS: The impound program was taken one step further when the city impounded vehicles pulled over for loud music violations, which resulted in an enormous drop in the blasting of loud music via vehicle in Peoria; and, WHEREAS: One step beyond Peoria would also be the impounding of vehicles where stolen property or illegal guns are found; NOW THEREFORE BE IT RESOLVED: That the Common Council supports the establishment of City of Buffalo Vehicle Impound Program for vehicles violating drug, weapons and stolen property laws, as well as Vehicle Impound Program for DWI arrests and loud music violations; BE IT FINALLY RESOLVED: That the Corporation Counsel's office research the Peoria ordinance with an eye to drawing up and filing a Drug, DWI, gun, stolen property, loud music Vehicle Impound Program for the City of Buffalo with appropriate fines and penalties. ADOPT RESOLVES REFER REMAINDER TO THE COMMITTEE ON LEGISLATION NO. 97 BY: MESSRS. FRANCZYK AND KEARNS RE: ORDINANCE AMENDMENT CHAPTER 337, PRESERVATION STANDARDS The Common Council of the City of Buffalo does hereby ordain as follows: That Chapter 337 of the Code of the City of Buffalo be amended to read as follows: ARTICLE I Purpose; Definitions (§ 337 -1 § 337 -2) § 337 -1 Purpose. A. It is hereby declared as a matter of public policy that preservation, protection, conservation, enhancement, perpetuation and utilization of sites, buildings, improvements and districts of special character, historical or aesthetic interest or value are necessary and required in the interest of the health, education, culture, prosperity, safety and high quality of life of the people. B. The purpose of this Preservation Code is to: (1) Promote the intellectual, cultural and general welfare as well as the economic well -being of the people of the City. (2) Safeguard the City's history and heritage as embodied and reflected in its landmarks, landmark sites and historic districts. (3) Preserve, protect, perpetuate and utilize landmarks, landmark sites, historic districts, neighborhoods, areas, places, buildings, structures and improvements which have a distinctive character or are of historic, aesthetic, architectural, archeological or cultural interest or value to this City, state or nation. (4) Stabilize and improve property values in the City. (5) Avoid demolition of historically or architecturally important properties. (6) Enhance the visual and aesthetic character, diversity and distinctiveness of the City. (7) Enhance the City's attraction for residents, visitors, tourists and prospective residents. (8) Preserve the economic and architectural integrity of vacant or underutilized landmark properties by means of substantial rehabilitation and adaptive reuse. § 337 -2 Definitions. The following terms and phrases shall mean and include: ADAPTIVE REUSE Conversion of a building originally designed for a certain purpose to a different purpose. ALTER To change one or more exterior architectural features of a landmark, an improvement on a landmark site or a structure within an historic district. BUILDING Any structure or part thereof having a roof supported by columns or walls for the shelter or enclosure of persons or property. CERTIFICATE OF APPROPRIATENESS A certificate issued by the Preservation Board or the Common Council approving plans for alteration, construction, relocation removal or demolition of a landmark, an improvement on a landmark site or a structure within an historic district. CERTIFICATE OF EXCEPTION A certificate issued by the Preservation Board or the Common Council approving plans for alteration, construction, removal or demolition of a landmark, an improvement on a landmark site or a structure in an historic district where these plans do not meet the standards for a certificate of appropriateness. CERTIFICATE OF NO EFFECT A certificate issued by the Preservation Board or its Secretary indicating that proposed plans having no effect on the exterior of a landmark, an improvement on a landmark site or a structure within an historic district and that a certificate of appropriateness is not required. CONSTRUCTION Building an addition to an existing structure or building a new principal or accessory structure. DEMOLITION Destruction of a building, structure or improvement. DESIGN GUIDELINE A standard of appropriate activity that will preserve the historic, aesthetic, cultural and architectural character of a structure or area. EXTERIOR Architectural style, design, general arrangement and components of the outer surfaces of an improvement, building or structure as distinguished from the interior surfaces enclosed by said outer surfaces, including but not limited to the kind and texture of building material and the type and style of windows, doors, lights, signs and other such exterior fixtures. HISTORIC DISTRICT A geographically definable area, so designated pursuant to this code, or previously designated pursuant to the Landmark Code, which possesses a significant concentration, linkage or continuity of sites, buildings, structures or objects united historically by past events or united aesthetically by plan or development. An "historic district' may also comprise individual elements, separated geographically, but linked by association or history: IMPROVEMENT Any building, structure, place, parking facility, fence, gate, wall, work of art or other object constituting a physical betterment, or any part thereof. LANDMARK Property, object or structure, or any part thereof so designated pursuant to this code or previously designated pursuant to the Landmark Code. LANDMARK SITE A parcel or part thereof." A. On which is situated a landmark, and any abutting parcel or part thereof used and constituting part of the premises on which the landmark is situated; or B. Which has been designated as a 'landmark site" pursuant to the provisions of this code or previously designated pursuant to the Landmark Code. LOCAL HISTORIC MARKER A historic marker describina the history of a location or a structure without affordina said location or structure landmark status or subiectina to it any additional restrictions. but which provides a brief history of the location for informational purposes only. OWNER A person, firm or corporation which owns the fee of property or a lesser estate therein, a mortgage or vendee in possession, a receiver, an administrator, an executor, a trustee or any other person, firm or corporation in control of property. PRESERVATION Retention of essential character of an improvement, object, building or structure as embodied in its existing form, integrity and material. This term includes the retention of the trees and vegetative cover of a site. This term may include temporary stabilization work as well as on -going maintenance of historic building materials. PRESERVATION BOARD OR BOARD The Buffalo Preservation Board. PROPERTY Land and improvements thereon. RECONSTRUCTION Reproduction of the exact form and detail of a vanished building, structure, improvement or part thereof, as it appeared at a specific time. REHABILITATION Repair or alteration that enables buildings, structures or improvements to be efficiently utilized while preserving those features of buildings, structures or improvements that are significant to their historic, architectural and cultural values. RESTORATION Recovery of the form and details of a building, structure or improvement and its site during a particular time. SITE A plot or parcel of land. STRUCTURE Anything constructed or erected which requires permanent or temporary location on the ground or attachment to something permanently attached to the ground. This term shall include but not be limited to buildings, walls, fences, signs, billboards, lighting fixtures, screen enclosures, works of art and electronic transmission or reception devices. ARTICLE II Preservation Board (§ 337 -3 -- § 337 -5) § 337 -3 Reconstitution; membership; terms; vacancies; compensation. A. There is hereby reconstituted the Buffalo Preservation Board, which shall consist of 11 members, each of whom shall have demonstrated a known interest in the history or architecture of the City of Buffalo. B. Membership. (1) Nine members of the Board shall be residents of Buffalo to be appointed by the Common Council or the Mayor as hereinafter provided. They may be selected from a list of nominees solicited by the Secretary of the Board from interested groups or organizations and reviewed by the Board. The Secretary shall transmit these nominees to the Mayor or Common Council. (a) The Mayor shall appoint six members of the Board, subject to confirmation by the Common Council: [1 ] Three members, one from each of the following fields: architecture, architectural history and real estate. The Mayor shall designate one of these initial appointees for a one -year term, one for a two -year term and one for a three -year term. [2] One member from any of the following fields: architectural history, historic architecture, planning, archaeology, landscape architecture or historic preservation or closely related discipline. The initial appointee shall serve a one -year term. [3] Two members chosen from the City at large. The Mayor shall designate one of these appointees to serve a two -year term and one to serve a three -year term. (b) The President of the Council shall appoint three members, as follows: [I] One member from a downtown historic district shall live, work or own property within the district to serve an initial two -year term. "Downtown" is defined as that tract or land bounded by Edward Street and Goodell Street on the north, Michigan Avenue on the east, the Buffalo River on the south and the Skyway and Elmwood Avenue on the west. [2] One member from a predominantly residential historic district who shall live, work or own property within the district who shall serve an initial three -year term. [3] One member from any other historic district who shall live, work or own property in the district who shall serve an initial one -year term. (2) The two remaining members of the Board shall be the director of the Buffalo and Erie County Historical Society or his designee and the president of the Landmark Society of the Niagara Frontier or his designee. C. All subsequent appointments shall be for three -year terms. In the event of a vacancy, the vacancy in the unexpired term shall be filled in the same manner as the original appointment. Members may not serve for more than two consecutive full terms except that the aforementioned director and president or their designees shall serve during their terms of office. Members shall continue to hold office until the appointment of a successor. Members shall serve without compensation but may be reimbursed for expenses related to their duties. No member shall be an officer or employee of the City of Buffalo or of any related agency. § 337 -4 Officers; staff; procedures. A. Officers: Chairman, Vice Chairman. The Preservation Board shall elect from its membership a Chairman and Vice Chairman who shall each serve a term of one year and shall be eligible for reelection. However, no member shall serve as Chairman for more than two consecutive years. The Chairman shall preside over meetings. In the absence of the Chairman, the Vice Chairman shall perform the duties of the Chairman. If both are absent, a temporary Chairman shall be elected by those present. B. Staff: Secretary. The Commissioner of Community Development of the City of Buffalo shall assign a Secretary to the Preservation Board, who shall serve without voting power (hereinafter referred to as the "Secretary"). The Secretary shall be responsible for duties enumerated under this code and such other duties that may be assigned by the Preservation Board. The Secretary shall maintain a record of all resolutions, proceedings and actions of the Preservation Board. The records of the Preservation Board shall set forth every determination made by the Preservation Board and the vote of every participating member and the absence of or failure to vote of every member. The proceedings of the Preservation Board shall be a matter of public record. The records of the Preservation Board shall be tiled in the Secretary's office. The Secretary shall furnish a copy of the minutes of each meeting to each member of the Preservation Board and shall prepare an agenda for each meeting. The Secretary shall be responsible for proper public identification of landmarks, landmark sites and historic districts on a landmark and historic district map. C. Procedures. (1) A quorum shall consist of a majority of the members. All decisions or actions of the Preservation Board shall be made by a majority vote of the full membership. (2) Meetings shall be held at regularly scheduled times to be established by the Preservation Board at the beginning of each calendar year or at any time upon the call of the Chairman. All meetings of the Preservation Board and its advisory committees shall be open to the public. (3) No member of the Preservation Board shall vote on any matter materially or apparently affecting the property, income or business interest of that member. § 337 -5 Powers and duties. The Preservation Board shall have the following powers and duties: A. To adopt such bylaws, rules and regulations as the Preservation Board deems necessary to carry out its responsibilities, consistent with the Code of the City of Buffalo, subject to the approval of the Common Council. B. To conduct an ongoing survey and inventory of historically and architecturally significant properties, structures and areas that exemplify the cultural, social, economic, political or architectural history of the nation, state or City. C. To document, propose, review and propose modifications, with due consultation with the applicant, and act on the designation of landmarks, landmark sites and historic districts in accordance with the purposes of this Preservation Code. D. To develop and promulgate appropriate standards and guidelines to assist property owners in preservation, restoration, rehabilitation and reconstruction of landmarks, landmark sites and properties within historic districts and the design of contemporary structures within historic districts. E. To prepare and update preservation plans to guide the preservation and future development of landmarks, landmark sites and historic districts. F. To approve or disapprove certificates of no effect, certificates of appropriateness or certificates of exception for the erection, alteration, restoration, renovation, relocation, demolition or site improvement of any landmark, landmark site or of any building, structure or site within an historic district when the exterior of such property would be affected. G. To advise and assist owners of landmarks, landmark sites and property or structures within historic districts on physical and financial aspects of preservation, renovation, rehabilitation and adaptive reuse of their property. H. To advise and assist other City departments on matters pertaining to historic preservation. I. To nominate landmarks, landmark sites and historic districts to the National Register of Historic Places and review and comment on any national nomination submitted to the Preservation Board. J. To advise the Common Council concerning acceptance, acquisition, option, purchase and administration of property, development rights and easements pertaining to the purposes of this Preservation Code. K. To apply for, accept and expend grants and funds for goods and services from private and public sources. L. To increase public awareness and broaden knowledge of the value of historic architecture and cultural preservation within the City. M. To establish advisory committees to advise and assist the Preservation Board in achieving the purposes Of this code. Advisory committees shall perform such advisory duties and functions as the Preservation Board deems appropriate. Committee members need not be members of the Preservation Board. Members will be appointed by the Chairman and serve at the pleasure of the Preservation Board. N. To undertake any other action or activity necessary or appropriate for the execution of its powers and duties or to further the purpose of this code. ARTICLE III Designation of Landmarks and Districts (§ 337 -6 -- § 337 -15) § 337 -6 Application. Any person, group of persons or association may request designation of a landmark, landmark site or an historic district by submitting an application for designation on a form famished by the Preservation Board to the Secretary of the Preservation Board. The Preservation Board may also initiate proceedings for designation of a landmark, landmark site or historic district. § 337 -7 Public hearing by Board. A. The Preservation Board shall schedule a public hearing not more than 60 days after receipt of a completed application for designation of a landmark, landmark site or an historic district. B. Notice to owners. The owner of any parcel on which a proposed landmark or landmark site is situated or which is part of a proposed historic district shall be given notice of said public hearing relating to the designation of such proposed landmark, landmark site or historic district, the amendment to any designation thereof or the proposed recession of any designation. Such notice shall be mailed by the Secretary at least 10 days prior to the scheduled hearing and shall be addressed to the owners as their names and addresses appear in the records of the Department of Assessment in the City of Buffalo. C. Publication. The Secretary shall publish a notice of public hearings to be held by the Preservation Board in an official newspaper or a newspaper of general circulation at least once 10 days before said hearings. § 337 -8 Report and recommendation of Board. A. The Preservation Board shall, within 90 days of receipt of a completed application form, take its final action thereon, which shall be in the form of a recommendation to the Common Council. The recommendation may limit itself to the landmark, landmark site or historic district as described in the application or may include modifications thereto. Within 10 days of its adoption by the Board, its written recommendation shall be filed in the offices of the Director of the Division of Planning and the City Clerk. The recommendation shall be accompanied by a report containing the following: (1) Explanation of the significance or lack of significance of the nominated landmark, landmark site or historic district as it relates to the criteria for designation. (2) Explanation of the integrity or lack of integrity of the nominated landmark, landmark site or historic district. • (3) The relationship of the nominated landmark, landmark site or historic district to the on -going effort of the Preservation Board to identify and nominate all potential areas and structures that meet the criteria for designation. (4) A map showing the location and boundaries of the nominated landmark, landmark site or historic district. B. Said recommendation and report shall be made available for public inspection in the City Clerk's office and in the office of the Secretary. § 337 -9 Referral to Committee on Legislation. The City Clerk shall cause the Preservation Board's recommendation and report to be presented to the Common Council at its next stated meeting. The Common Council shall refer the recommendation and report to its Committee on Legislation. § 337 -10 Public hearing by Committee. A. The Committee on Legislation shall hold a public hearing thereon not more than 60 days after receipt of the recommendation and report, except that the Common Council may, upon consent of the owner, waive the public hearing when an individual landmark or landmark site is being considered. B. Notice to owner. The owner of any site on which a proposed landmark or landmark site is situated or which is part of a proposed historic district shall be given notice of said public heating relating to the designation of such proposed landmark, landmark site or proposed historic district the amendment of any designation thereof or the proposed recession of any designation. Such notice by the City Clerk shall be served by mail at least 10 days prior to the scheduled heating, addressed to the owner at his last known address as it appears in the records of the Department of Assessment of the City of Buffalo and as provided to the City Clerk by the Board. C. Published notice. The City Clerk shall also give notice of the public hearing by publication in an official newspaper or a newspaper of general circulation at least once and at least 10 days immediately prior to the hearing. § 337 -11 Action by Committee. Within 30 days of the public hearing required herein, the Committee on Legislation shall take action upon the recommendation and report of the Preservation Board and shall transmit same to the Common Council. The Committee may approve, disapprove or modify a designation. However, if a designation is modified, the Committee shall hold an additional public hearing prior to approval thereof. § 337 -12 Final determination. The Common Council may approve or disapprove the designation of a proposed landmark, landmark site or historic district and shall set forth its specific reasons for approval or disapproval. § 337 -13 Recording of designation. Upon designation of a landmark, landmark site or historic district, the Secretary shall file a description of said landmark, landmark site or historic district with the City Clerk, the Director of the Division of Planning and the Department of Public Works, who shall record same on appropriate maps. A description or map of said landmark, landmark site or historic district shall also be flied in the office of the Erie County Clerk by the Corporation Counsel in such form and manner as shall best provide notice to prospective buyers of affected property. § 337 -14 Amendment or rescission of designation. Designation of landmarks, landmark sites and historic districts may be amended or rescinded in the manner in which created. § 337 -15 Criteria for designation. A. The Preservation Board shall, upon such investigation as it deems necessary, make a determination as to whether a proposed landmark, landmark site or historic district meets one or more of the following criteria: (1) It has character, interest or value as part of the development, heritage or cultural characteristics of the City, state or nation. (2) Its location is a site of a significant local, state or national event. (3) It exemplifies the historic, aesthetic, architectural, archaeological, educational, economic or cultural heritage of the City, state or nation. (4) It is identified with a person or persons who significantly contributed to the development of the City, state or nation. (5) It embodies distinguishing characteristics of an architectural style valuable for the study of a period, type, method of construction or use of indigenous materials. (6) It is the work of a master builder, engineer, designer, architect or landscape architect whose individual work has influenced the development of the City, state or nation. (7) It embodies elements of design, detailing, materials or craftsmanship that render it architecturally significant. (8) It embodies elements that make it structurally or architecturally innovative. (9) It is a unique location or contains singular physical characteristics that make it an established or familiar visual feature within the City. B. Any structure, property or area that meets one or more of the above criteria shall also have sufficient integrity of location, design, materials and workmanship to make it worthy of preservation or restoration. ARTICLE IV Construction, Alteration, Removal or Demolition (§ 337 -16 -- § 337 -26) § 337 -16 Required certificates and permits. A. Certificate required and building permit required. It shall be unlawful for any person, firm or corporation to construct, alter, remove or demolish any improvement or structure which is a landmark, part of a landmark site or which is located in an historic district when such action will affect the exterior of such property without having first obtained a certificate of appropriateness or a certificate of no effect or a certificate of exception authorizing such work. B. Building permit required, but no certificate required. Building permit applications for construction, alteration, removal or demolition involving any improvement or structure which is a landmark, part of a landmark site or which is located in an historic district when such action will not affect the exterior of such property do not require a certificate of appropriateness, a certificate of no effect, a certificate of exception or Board review. In such instances, the Department of Public Works shall stamp the building permit "Please note that an additional permit is required if exterior work is undertaken." C. Certificate required, but no building permit required. In a case where no building permit is required, application for permission to construct, alter, remove or demolish landmarks, improvements on landmark sites or structures within historic districts shall be made directly to the Preservation Board. § 337 -17 Display Ofcertificate. A copy of the certificate as required herein shall be prominently displayed at the site during the execution of the work regulated hereunder. The Department of Public Works shall not issue building or demolition permits unless and until a certificate as required by this chapter shall been issued. § 337 -18 Referral to Preservation Board. - The Department of Public Works shall, within seven days of receipt, refer all building and demolition permit applications for work requiring a certificate hereunder, including the accompanying plans and specifications, involving landmarks, improvements on landmark sites or structures within historic districts to the Preservation Board for its action. § 337 -19 Review by Board. A. The Preservation Board shall consider properly completed applications at the regularly scheduled meeting following their filing and shall approve or deny all applications at the earliest possible date, but no longer than within 45 days. B. The Preservation Board may, in its discretion, hold a public hearing on any application before it. Such hearing shall be preceded by notice to the applicant mailed at least 10 days prior to the hearing and publication of the notice of hearing in a newspaper of general circulation at least 10 days prior to the hearing. The holding of such public hearing shall not extend the forty- five -day period in which the Preservation Board must act. C. An applicant may meet with the Secretary at any time during the review of his application. § 337 -20 Criteria for review. A. In considering an application for permission to construct, alter, remove or demolish any improvement or structure which is a landmark, part of a landmark site or which is located in an historic district, the Preservation Board shall be guided by the current edition of the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings as general criteria. A copy of this publication is accessible to the public in the office of the Secretary. B. In addition, the Preservation Board may adopt design guidelines for the review of applications for each landmark, landmark site or historic district. These design guidelines, subject to the approval of the Common Council, shall not be inconsistent with the current edition of the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings and shall encompass the following architectural criteria: (1) Height. The height of any proposed alteration or construction should be compatible with the style and character of the landmark and with surrounding structures in an historic district. (2) Proportions of windows and doors. The proportions and relationships between doors and windows should be compatible with the architectural style and character of the landmark and with surrounding structures within an historic district. (3) Relationship of building masses and spaces. The relationship of a structure within an historic district to the open space between it and adjoining structures should be compatible. (4) Roof shape. The design of the roof should be compatible with the architectural style and character of the landmark and surrounding structures in an historic district. (5) Landscaping. Landscaping should be compatible with the architectural character and appearance of the landmark and of surrounding structures and landscapes in historic districts. (6) Scale. The scale of the structure after alteration, construction or partial demolition should be compatible with its architectural style and character and with Surrounding structures in an historic district. (7) Directional expression. Facades in historic districts should relate to other structures with regard to directional expression. Structures in an historic district should be compatible with the dominant horizontal or vertical expression of surrounding structures. The directional expression of a landmark after alteration, construction or partial demolition should be compatible with its original architectural style and character. (8) Architectural details. Architectural details, including materials, colors and textures, should be treated so as to make a landmark compatible with its original architectural style and character and to preserve and enhance the architectural style or character of a landmark, landmark site or historic district. C. In makina its determination of whether or not to Want permission to construct. alter. remove or demolish anv improvement or structure which is the landmark. part of a landmark site or which is located in a historic district. the Preservation Board shall review whether or not environmental factors. other than the Secretary of Interior Standards. will be adverselv affected and will in turn adverselv affect the nature or aualitv of the landmark. part of a landmark site. or historic district. and if the Preservation Board determines that there may be adverse environmental conseauences. the Preservation Board has the abilitv to be desianated as a lead aaencv pursuant to the new York State Environmental Qualitv Review Act. and to reauire the preparation of an environmental impact statement prior to makina its determination. § 337 -21 Certificate of appropriateness. A. The Preservation Board may issue a certificate of appropriateness for work where the plans for construction, alteration, removal or demolition conform to the provisions of this code and to design guidelines adopted in accordance with this code. B. Written notice of the Preservation Board's decision shall be provided the applicant and the Department of Public Works within seven days of the decision. If approved, the certificate of appropriateness shall accompany the notice. C. In case of a denial of an application, the Preservation Board shall state the reasons therefore and shall make recommendations concerning changes in the applicant's proposed action that would be grounds for reconsideration of the application. An applicant may amend an application or reapply at any time. § 337 -22 Certificate of no effect. Where it is determined by the Preservation Board that proposed plans contained in an application have no effect upon the exterior of a landmark, an improvement on a landmark site or a structure within an historic district, it shall issue a certificate of no effect. The Preservation Board may delegate to the Secretary the authority to approve and issue a certificate of no effect. Written notice of the issuance of a certificate of no effect shall be provided the applicant and the Department of Public Works within seven days of the decision, which shall be accompanied by the certificate. § 337 -23 Certificate of exception. A. The Preservation Board shall have the power to vary or modify adherence to the standards and criteria of this code and issue certificates of exception in lieu of the certificates otherwise required herein. This power may be exercised by the Preservation Board where, by reason of particular site conditions and restraints or unusual circumstances relating solely to a particular applicant, strict enforcement of this code would result in undue hardship to the applicant. The applicant shall have the burden of proving undue hardship. B. An applicant seeking to prove undue hardship shall prove the following facts: (1) Reasonable return. The land or improvement in question cannot yield a reasonable return without the requested construction, alteration, removal or demolition in the case of commercial or business properties or properties held for investment purposes. (2) Unsuited for reasonable use. The land or improvement in question cannot be put to a reasonable use without the requested construction, alteration, removal or demolition, in the case of residential properties. (3) Prevention of purpose. The land or improvement in question, without the requested construction, alteration, removal or demolition, may not be used without physically or financially preventing or seriously interfering with the carrying out of the charitable purpose in the case of properties held for charitable, religious or nonprofit purposes. C. In granting a certificate of exception, the Preservation Board shall limit variation or modification of the code to the minimum required to effect substantial justice and may prescribe conditions that it deems necessary or appropriate. The Preservation Beard shall provide written notice of the grant of the certificate of exception to the applicant and to the Department of Public Works within seven days of its decision which shall be accompanied by the certificate. § 337 -24 Demolition or removal. A. Where an application to the Preservation Board seeks approval of demolition or removal of a landmark, improvement on a landmark site or a structure within an historic district, the Board shall evaluate the application in accordance with the provisions set forth in this code. Where the Board denies permission to commence immediate demolition, it is empowered to make determinations that the structure or improvement sought to be demolished or removed is of such importance that alternatives to demolition should be pursued and that a hardship under § 337 -23 exists. Where these determinations are made, the Preservation Board may delay demolition for a maximum period of 180 days after the initial forty- five -day period provided by § 337 -19 herein. In cases where these determinations are not made, no automatic fight of demolition shall exist. B. During any such period, the Board may take such steps as it deems necessary to avoid demolition of the structure or improvement, including but not limited to preparation, publication and receipt of requests for proposals; solicitation of prospective developers; consultation with civic groups, public agencies and interested citizens; and recommendations for acquisition of the property by others. C. In the event that the Board refuses to approve demolition during or after this period of delay, occasioned by the Board's findings of hardship and architectural importance set forth in Subsection A, the applicant may appeal the Board's action to the Common Council. The Common Council shall issue the appropriate certificate for demolition either at the end of the delay period or within 60 days of the filing of the appeal, whichever is later. D. In the event that the Board refuses to approve demolition but does not find hardship and architectural importance, any appeal to the Common Council shall be in accordance solely with § 337 -26 herein. E. During any such period, the owner shall prevent further deterioration of the structure or improvement, and the owner shall act in good faith and shall allow the Board reasonable access to the structure and improvement, and permit reasonable inspection of the information about the structure or improvement, if requested by the Board. F. The Preservation Board will conduct public hearings for all properties in locally designated or nationally registered historic districts, local landmarks, properties listed in the National Register for Historic Places and national historic landmarks. (1) Notice and hearing. The Preservation Board shall publish a notice in a newspaper of general circulation in the City of Buffalo, setting forth the name of the applicant, the location and owner of the property, and the time and place of a public hearing to be held by the Preservation Board on or sooner than five business days after the day of publication. Upon an application for a demolition permit, the Preservation Board shall also serve 10 days' notice of the time, place and object of such hearing upon all owners and occupants of properties having a frontage on both sides of the public highway or highways within 300 feet in both directions along such highway or highways from the nearest side line, or nearest side line extended, of the premises to be demolished and also upon the owners and occupants of all properties located within 50 feet of the rear or side line of any premises to be demolished. Such notice shall also indicate that the demolition permit application is available for public inspection at the Preservation Board's office prior to such hearing. The Preservation Board shall make available for public inspection prior to such hearing the demolition permit application. (2) Public hearings may also be had for properties that come to the attention of the Preservation Board which could be deemed significant and worthy of preservation after applying the criteria for review as provided in § 337 -20 of the Code. § 337 -24.1 Adaptive reuse agreements. A. Recommendation. (1) Under conditions described in this section, the Preservation Board may recommend that certain buildings be substantially rehabilitated for adaptive reuse in accordance with an agreement. (a) The Board has determined that a building sought to be demolished is of such architectural or historical significance that alternatives to demolition should be pursued as set forth in § 337 -24 despite timings of undue hardship under § 337 -23; or (b) An application for a permit to demolish a landmark otherwise referred to the Board under the provisions of this chapter is denied or delayed due to a determination of architectural or historical significance despite findings of undue hardship. (2) Recommendation for adaptive reuse may be made upon an application of a vendee under a contract of sale, owner or other party in interest of such building where the applicant can demonstrate hardship as set forth in § 337 -23, but in no case shall such application alone constitute proof of undue hardship. B. Notice. A recommendation for adaptive reuse shall take the form of written notice to be provided the applicant and the relevant governmental enforcement agency (the Department of Public Works or the Department of Inspections and Community Revitalization) within seven days of a denial or delay of demolition and shall stay any appeal otherwise pending before the Common Council. C. Action upon recommendation. In consultation with the applicant and with the assistance of the Department of Community Development, the Division of Planning, the Department of Assessment and the Board shall endeavor to devise a plan for adaptive reuse in accordance with preservation standards. As provided (documented) in an appraisal acceptable to the Department of Community Development, such plan shall provide for substantial rehabilitation which shall improve the building in an amount of at least twice the prerehabilitation assessment value of the property upon which such building is situate. D. Compensation. The Council shall review said recommendations and may provide as compensation an abatement of local real property taxes which shall in no case exceed 50% of the total postrehabilitation assessment value for a duration not to exceed 20 years. Such compensation shall at all times be calculated as a portion of total postrehabilitation tax liability and shall in no case result in a negative tax liability. E. Execution. Upon certification by the Department of Community Development, approval of the Common Council and agreement of the applicant, an adaptive reuse plan above described shall be binding upon the applicant and subsequent owners to maintain the property upon which such building is situate in accordance with all terms, conditions and specifications of such plan and shall expressly provide that every deed conveying the property or any part or portion thereof shall contain a covenant incorporating all terms and conditions of the agreement. Such covenant shall continue for the duration of the agreement as stated herein and may exceed but in no case be less than the certified and approved schedule of abatement of local real property taxes provided in the agreement. Such agreement shall be in a form recordable among the land records of the County of Erie and shall be recorded and filed by the City at the applicant's expense in the office of the Erie County Clerk, and such duly approved, recorded and filed agreement shall take effect on the next taxable status date following the issuance of a certificate of occupancy. F. Rescission. Landmark designation of any building rehabilitated and maintained in accordance with an adaptive reuse agreement shall in no case be rescinded prior to the expiration of the term of any compensation certified and approved in the manner herein provided. The duration of any abatement herein certified and approved shall be contingent upon continued compliance with all conditions of the adaptive reuse agreement providing such compensation. G. Regulations in accordance with the intent of this chapter may be issued pursuant to § 337 -5A to provide for the administration of this section. § 337 -25 Deviations. Any notice or certificates issued pursuant to this code shall relate solely to proposed plans accompanying the application or otherwise submitted for the Preservation Board's consideration. It shall be unlawful to deviate from the proposed plans or any modifications required thereto as approved by the Preservation Board. § 337 -26 Appeals. A. Jurisdiction. The Common Council shall have jurisdiction to decide all appeals from action of the Preservation Board brought by aggrieved applicants. B. Procedure. All such appeals shall be fixed with the City Clerk, who shall cause the appeals to be presented to the Common Council at its next stated meeting. The Common Council shall refer such appeals to the Committee on Legislation. The Committee shall set the matter down for a public hearing, as provided in §§ 337 -6 through 337 -14 herein, unless such hearing is waived by consent of the applicant. After hearing the parties, the Committee shall recommend to the Common Council the action to be taken. C. Determination. The Committee shall forward its recommendation to the Common Council, which may affirm, reverse, modify or amend the Preservation Board's recommendation within 60 days of the date of the filing of the appeal. The Common Council shall set forth its reasons for such action. ARTICLE V Additional Provisions (§ 337 -27 -- § 337 -32) § 337 -27 Ordinary maintenance and repair. A. Nothing in this code shall be construed as preventing the ordinary maintenance or repair of any landmark, improvement on a landmark site or structure in an historic district which does not involve a change of design or material or other exterior effect and which does not require a building permit. B. Every owner, operator or agent of a landmark, landmark site or structure in an historic district shall keep in good repair all portions of such improvements which, if not so maintained, may cause the exterior portions of such improvements to deteriorate, decay or become damaged or otherwise fall into a state of disrepair. § 337 -28 Dangerous conditions. A. Official order. Where a governmental enforcement agency shall order or direct the construction, removal, alteration or demolition of any improvement on a landmark site or structure in an historic district to remedy emergency conditions, determined to be imminently dangerous to life, health or property, compliance with the order or directive may be undertaken without prior issuance of a certificate or notice. Where feasible, notice of the order shall be given to the Preservation Board. B. Notice to the Preservation Board. In instances where danger to life, health and property is not imminent, the enforcement agency shall give the Preservation Board written notice of any proposed order or direction which affects or may affect the exterior appearance of a landmark or landmark site or property within an historic district. The enforcement agency shall give the Preservation Board 10 days in which to comment after receipt of such notice prior to taking further action. C. Power of Preservation Board. The Preservation Board shall have the power to require that demolition not occur or that corrective work not materially change the exterior appearance of a landmark, where danger to life, health or property may be abated without detracting from the exterior appearance of a landmark. § 337 -29 Extensions of time. Whenever under the provisions of this Article, the Preservation Board or the Committee on Legislation is required, within a prescribed period of time, to make any determination or perform any act in relation to an application, the applicant may agree to extend such period of time by filing a statement with the Preservation Board or the Committee on Legislation. § 337 -30 Injunctions and orders. Upon request of the Preservation Board or the Common Council or where otherwise necessary to prevent or abate violations of this code, the Corporation Counsel is empowered to seek an injunction or other appropriate order of a court and to bring further proceedings for enforcement of such injunctions or orders. § 337 -31 Fees. A. The Preservation Board may establish fees for review of nominations, issuance of certificates and other operating procedures subject to the prior approval of the Common Council. B. Any such application, except by a governmental agency, shall be accompanied by a filing fee as provided in Chapter 175, Fees. § 337 -32 Penalties for offenses. A violation of this code is punishable by a fine not to exceed $500 or by imprisonment not exceeding 15 days, or by both such fine and imprisonment, or by penalty of not more than $500 to be recovered by the City of Buffalo in a civil action. Every day of such violation may be held to constitute a separate offense— & 337 -33 Local Historic Markers The Common Council. by maiority vote and with the consent of a private Drooerty owner who aarees to maintain the same. may cause to be erected or affixed to a structure a local historic marker that provides information reaardina a site that it deems to be of local historical interest. after verifvina the accuracv of the information contained on said marker with a local historian and by Drooerly desianatina and aoorooriatina funds for the creation of the same. A local historic marker should in no wav deem the site or structure it describes as a landmark. landmark site or historic district as those terms are defined in this Chapter. nor shall it afford the local site or structure anv additional leaal protections or benefits. APPROVED AS TO FORM Asst. Corporation Counsel NOTE: Matter underlined is new, matter in brackets is to be deleted. ADOPT RESOLVES. REFER THE REMAINDER TO THE COMMITTEE ON FINANCE NO. 98 BY DAVID A. FRANCZYK REQUESTING THAT THE CITY COMPTROLLER'S OFFICE AUDIT THE MANAGEMENT OF THE MARINE DRIVE APARTMENTS WHEREAS, On June 22, 2010, the following item was reviewed by the Common Council and forwarded to the Council's Legislation Committee as well as the Dept. of Audit & Control: "No. 57. J. Makowski- Req Independent Audit- Marine Dr Apartments "; and WHEREAS, In response to the above referenced item, the following item from the Dept. of Audit & Control was reviewed by the Common Council on July 6, 2010 and forwarded to the Council's Community Development Committee: "No. 13. J. Makowski- Request Independent Audit- Marine Dr Apts "; and WHEREAS, As part of the Dept. of Audit Control's response to tile item which they had been forwarded, the City Comptroller indicated that his office stood ready to comply should the Common Council request that they perform an audit of management procedures and financial records at Marine Drive Apartments. NOW, THEREFORE BE IT FINALLY RESOLVED, That the Common Council respectfully requests that the Comptroller's office, with all possible expediency, perform an audit of management procedures and financial records at Marine Drive Apartments. ADOPT RESOLVES REFER REMAINDER TO THE COMMITTEE ON FINANCE NO. 99 BY: DAVID A. FRAUCZYK RE: REQUEST TO AMEND PUBLIC HOUSING LAW SECTION 404. WHEREAS, The Buffalo Municipal Housing Authority (BMHA) Tenant Council influences and impacts not only the lives of housing authority residents, but also the lives of the residents in the adjoining neighborhoods where BMHA housing developments are located. The BMHA developments, while solving a housing need, often cause increased automobile traffic on the surrounding roads as well as an increased presence of BMHA residents and visitors in the surrounding neighborhoods which in turn impacts the community as a whole; and WHEREAS, As elected representatives of Buffalo taxpayers, it is the responsibility of the Common Council to make sure the BMHA Tenant Council has a board of commissioners that represent the diverse needs of the greater Buffalo area as well as those of the housing agency; and WHEREAS, in accordance with the current New York State Public Housing Law, Section 404, the Mayor's appointments to the BMHA are confirmed by the Buffalo Common Council. Currently, two commissioners are elected by the BMHA tenants and five commissioners are appointed by the Mayor and are confirmed by the Common Council. In order to insure that the housing commissioners are representative of the city as a whole, the Common Council, in response to constituent concerns, is seeking a greater role in determining how housing commissioners are selected; and WHEREAS, Granting to the Common Council the authority to appoint two housing commissioners would make the BMHA governing board more transparent, accountable and representative of the needs of the City of Buffalo, and be in the best interests of the Housing Authority, the City and the residents thereof; and NOW, THEREFORE BE IT RESOLVED, That the Common Council requests of the New York State Legislature, that they make changes to Public Housing Law Section 404 to grant the Buffalo Common Council the power to appoint two commissioners to the BMHA governing board, and that the law be further amended to reduce the Mayor's appointments to the BMHA governing board by two, the net result of these changes being that the seven member BMHA governing board would have two members elected by tenants, two members appointed by the Common Council, and three members appointed by the Mayor of the City of Buffalo with the five appointed board members subject to confirmation by the Common Council; and NOW, THEREFORE BE IT FURTHER RESOLVED That the Common Council is prepared to pass a home rule message in support of a legislative amendment to Public Housing Law Section 404; and NOW, THEREFORE BE IT FINALLY RESOLVED That the Common Council hereby directs the City of Buffalo Clerk to forward copies of this resolution to ail appropriate New York State representatives and that this matter be referred to the Council's Committee on Community Development for further action and comment. ADOPT RESOLVES REFER REMAINDER TO THE COMMITTEE ON LEGISLATION NO. 100 BY: MR. GOLOMBEK RE: DISCHARGE LEGISLATION COMMITTEE ITEM #32 C.C.P. APRIL 27, 2010 "FOOD STORE (NEW) 2766 BAILEY (UNIV) (EDPI)" Whereas: The above item is currently in the Legislation Committee; and Whereas: It is no longer necessary for this item to be considered by that committee; Now, Therefore Be it Resolved: That this Common Council does hereby discharge the Legislation Committee from further consideration of Item #32 C.C.P. April 27, 2010 "Food Store (New) 2756 Bailey (Univ) (EDPI)" and said item is now before the Common Council for its consideration. ADOPT DISCHARGE PASSED AYES -9 NOES -0 NO. 101 BY MR. HAYNES, MR. FRANCZYK RE MARGARET L. WENDT FOUNDATION At the regular meeting of the Common Council of the City of Buffalo, held on Tuesday, 2010 July 20, the following resolution was unanimously adopted, sponsored by David A. Franczyk, Common Council President, and Curtis Haynes, Jr., Ellicott District Council Member: Whereas the Margaret L. Wendt Foundation is a charitable foundation that was endowed in 1958 by the late Margaret L. Wendt due to her desire to improve the material, social, and spiritual welfare of humanity in our community; Whereas the Margaret L. Wendt Foundation's office is located in downtown Buffalo from where it fulfills its mission of community betterment throughout our City and all of Western New York; Whereas the Margaret L. Wendt Foundation supports human services, education, arts & cultural, medical & research, economic development & historic preservation initiatives by generously funding existing agencies in these fields; Whereas, over more than 50 years of philanthropy the Margaret L. Wendt Foundation's benevolence has touched the life of everyone in Western New York in some positive, compassionate and uplifting way; Whereas due to the quiet manner in which the Margaret L. Wendt Foundation operates and the modesty of its Trustees, Janet Day, Thomas Lunt & Robert Kresse, the beneficiaries of its work do not always know or recognize its influence; Whereas when pressing community needs are not being met by existing agencies, the Margaret L. Wendt Foundation undertakes the initiative to address a problem itself, working collaboratively with others; Whereas everyone was aware of, but no one else could improve, the blighting appearance of the Genesee Gateway block entranceway to downtown Buffalo, and the Margaret L. Wendt Foundation took decisive action to rectify this eyesore by funding the rehabilitation of this downtown gateway; Whereas the fruits of the Margaret L. Wendt Foundation's leadership are now clearly visible to all with the project nearing completion and the first tenant, the United States Passport Office, soon to open there; And whereas the Margaret L. Wendt Foundation initiated a local Historic District nomination to protect the appearance of the Genesee Gateway, which nomination was unanimously recommended for approval by the Buffalo Preservation Board, and whose designation as a local Historic District was adopted by unanimous vote of this Council; Now Therefore Be It Resolved that The Council Recognize the Margaret L. Wendt Foundation for its leadership in community philanthropy for over half a century and for its initiative in undertaking this pioneering and important civic revitalization and historic preservation project. And be it Further Resolved that the Council hereby designates Tuesday 2010 July 20, as the Margaret L. Wendt Foundation Day in the City of Buffalo. ADOPTED NO. 102 BY :DR. CURTIS HAYNES, JR. PERMISSION TO HANG FLAGS ALONG NIAGARA ST. Whereas: The Puerto Rican Day Parade of Western New York Association, Inc. would like to promote the 8 th Annual Puerto Rican Day Parade: and Whereas: The Committee of the Puerto Rican Day Parade of Western New York Association, Inc. is requesting permission to display flags along Niagara Street between South Elmwood Avenue, Porter Avenue to Forth Street: and Whereas: The Puerto Rican Day Parade Committee is requesting that said flags be hung from August 28, 2010 through September 25, 2010; and Whereas: The Committee has requested to use the following street light polesl 12, 122, 134, 138, 141, 151, 181, 144, 165, 176, 202, 225, 251, 265, 246, 220, 239, 303, 315, 337, 381, 310, 336, 322, 282, 296, 344, 411, 451, 436, 473, 503, 460, 470, 516, 524, 531, 577, 612, 141, 165, 239, 315, 425, 490, 549, 630, 643, 691,215, 199, 175, 192, 143, 95, 51, 138, 48, 170. Now Therefore Be It Resolved That: The Common Council of the City of Buffalo grants permission to the Puerto Rican Day Parade of Western New York Association, Inc. to hang said flags to commemorate the 8th Annual Puerto Rican Day Parade in Western New York; and Be It Further Resolved: That the Puerto Rican Day Parade of Western New York Association, Inc. will purchase the necessary bond before the flags are hung and said flags meets all the requirements of pertinent City Departments and that no existing laws are violated. Dr. Curtis Haynes, Jr. Ellicott District Council Member ADOPTED NO. 103 BY MR. KEARNS APPOINTMENT ASSISTANT LEGISLATIVE AIDE The Common Council hereby moves approval of the appointment of Kathleen Harrington 89 Milford Street, Buffalo, New York 14220 to the position of Assistant Legislative Aide pursuant to Section 27 of the Charter of the City of Buffalo to be effective July 12, 2010. Seconded by Mr. Haynes ADOPTED. NO. 104 BY MICHAEL P. KEARNS; MICHAEL J. LOCURTO; DAVID A. RIVERA; RICHARD A. FONTANA; CURTIS HAYNES; DAVID A. FRANCZYK JOINT COMMISSION TO EXAMINE POLICE REORGANIZATION WHEREAS, In February of 1991, the Common Council empowered a Police Reorganization Commission ( "PRC "), and various subcommittees thereof, to develop a plan to reorganize the Buffalo Police Department for more efficient use of personnel and equipment; and WHEREAS, Based upon a review of departmental operations and a report issued by the International Association of Chiefs of Police, in December of 1991 the PRC released The Police Reorganization Commission Report. This report contained several recommendations for improving Precinct and Patrol Services, Labor Relations, Community Involvement and controlling Costs. It was claimed that following these recommendations would result in the City having more officers on its streets, both in cars and walking; and WHEREAS, One major recommendation for improving Precinct and Patrol Services was to consolidate the City's 14 police precincts into 5 police districts. It was predicted that this would increase the number of vehicles and officers on patrol, decrease response times, continue supervision in division stations on an around - the -clock basis, increase neighborhood oriented policing by freeing up enough manpower to allow for the placement of officers in specific locations at specific times, and eliminate inefficient capital costs such as the maintenance of 14 station houses. These police district boundaries would be structured based upon the number of calls for services, rather than upon population or Council District boundaries; and WHEREAS, Another notable recommendation for improving Precinct and Patrol Services was to amend the City Charter to eliminate provisions relating to minimum police manpower and equipment requirements for each precinct, and replace them with a requirement for a city -wide minimum number of police officers; and WHEREAS, Additional recommendation for improving Precinct and Patrol Services were to establish minimum educational requirements for Recruits, Lieutenants, Captains and Inspectors; utilize one and two man patrol cars; and change the departmental shift structure to allow for implementation of an overlap shift during periods of high activity and the ability of the Commissioner to change shifts based upon demand for services so as to make a pool of officers available for implementing community policing such as neighborhood foot patrols; and WHEREAS, Community policing, also known as neighborhood- oriented policing, is a law enforcement concept which views the prevention, reporting and solving of crimes as not only the responsibility of the Police Department, but that of the entire community. Rather than police merely reacting and responding to incidents of crime, they are expected to play a proactive role in addressing the underlying problems in neighborhoods that lead to crime; and WHEREAS, In neighborhood- oriented policing, officers are positioned to empower the communities in which they serve by helping and encouraging residents to help themselves and acting as catalysts for uniting concerned residents, bringing community resources together, and providing support, resources and training to community stakeholders; and (fl(,.¢ WHEREAS, Neighborhood- oriented policing requires that a lasting police presence be established in neighborhoods and business districts; Officers temporarily entering neighborhoods to respond to calls and then leaving the area fails to accomplish this; and WHEREAS, This more visible and permanent law enforcement presence in our neighborhoods provides a strong deterrent to would -be criminals, sends a message to residents that police officers are part of their community rather than separate from or above it, and encourages the development of closer relationships between police and area residents, businesses, churches, block clubs and other community organizations; and WHEREAS, While most of the recommendations of the 1991 Police Reorganization Commission Report were ultimately followed by the City of Buffalo, today many people in Buffalo's neighborhoods and the law enforcement community believe that the reforms promised by this restructuring have largely failed to materialize. In particular, some have argued that switching to districts from precincts has made the City less safe, and that the restructuring has actually hindered rather than supported utilization of community policing; and WHEREAS, Nearly 20 years have passed since the PRC released The Police Reorganization Commission Report. Over this time, the population and demographics of the City of Buffalo have changed and the field of law- enforcement has undergone major advances, particularly in terms of available technology. NOW THEREFORE BE IT RESOLVED, That the Common Council, in a display of unity and a spirit of cooperation, ask the Mayor to join with us in once again empanelling and empowering a Joint Police Reorganization Commission to review the organizational structure of the Buffalo Police Department, evaluate its strengths and weaknesses, and develop a plan to reorganize the Buffalo Police Department in a way which balances the need to efficiently use personnel and equipment with the responsibility to keep neighborhood residents safe and maximize community policing; and BE IT FURTHER RESOLVED, That the membership of the Joint Commission be comprised in the following manner: five (5) members to be appointed by the Mayor; five (5) members to be appointed by the Common Council; and two (2) members to be appointed by the Buffalo Police Benevolent Association; and BE IT FURTHER RESOLVED, That the Joint Commission designate from its membership a Chairperson and Vice Chairperson to ensure the orderly discharge of its responsibilities; and BE IT FINALLY RESOLVED, That the Joint Commission Begin its deliberations on or about September 1, 2010. ADOPT RESOLVES REFER THE REMAINDER TO THE COMMITTEE ON FINANCE 1- YdLVA1:1•N*1N0F.1 NO. 105 OPENING A GIFT SHOP AND TOURIST INFORMATION CENTER ON THE 25T" FLOOR OF CITY HALL Whereas City Hall is one of most beautiful and historic buildings in the City of Buffalo and many people visit the building each day to see the artwork and architecture; and Whereas The observation deck is a major attraction for visitors to City Hall, and Buffalo in general, for its breathtaking views of the City, Western New York and Southern Ontario; and Whereas Upon visiting City Hall, tourists, school groups and other visitors often have questions about the observation deck, the building and the City of Buffalo; and Whereas Visitors to City Hall frequently inquire if there is a place where they can purchase snacks, souvenirs and Buffalo themed items to commemorate their visit; and Whereas Although tourists are accustomed to having access to such amenities, there is currently no place in City Hall where such items can be purchased and, apart from scheduled tours, nowhere this type of information can be readily obtained; and Whereas The 25 floor of City Hall has been vacant and unused for many years, and there is ample space on this floor of the building for a gift shop and tourist information center; and Whereas Offering access to these amenities in this location makes sense due to the current underutilization of this space, the proximity of the observation deck, and the fact that the 25 floor is serviced by elevators and is accessible to those who are elderly or disabled and unable ascend the stairs to the observation deck; Now, Therefore Be It Resolved: That although certain legal and logistical issues must still be addressed, including but not limited to who would manage the site and what operation model would be employed, the Common Council supports the idea of opening a gift shop and tourist information center on the 25 floor of City Hall; and Be It Further Resolved: That the Common Council respectfully requests that the Comptroller, Corporation Counsel, Commissioner of the Dept. of Public Works, and Commissioner of Administration and Finance explore the feasibility of opening a gift shop and tourist information center on the 25 floor of City Hall and identify what steps would need to be taken for this to happen, and report their findings to the Council by filing such information with the City Clerk. Michael P. Kearns ADOPT RESOLVES REFER REMAINDER TO THE COMMITTEE ON FINANCE NO. 106 BY: MICHAEL P. KEARNS RE: PROMOTING TRANSPARENCY IN THE CAPITAL BUDGET PROCESS BY HOLDING CITIZENS PLANNING COUNCIL MEETINGS IN COMMON COUNCIL CHAMBERS WHEREAS, Public Officers Law § 103 requires that every meeting of a public body shall be open to the general public except when in executive session; § 103(d) further provides that Public bodies shall make or cause to be made all reasonable efforts to ensure that meetings are held in an appropriate facility which can adequately accommodate members of the public who wish to attend such meetings; and WHEREAS, The Citizens Planning Council (CPC), in accordance, with Article 20 §20 -23 of the City Charter, is the body that determines and submits to the mayor a recommended capital budget for the ensuing year and a recommended capital improvement program for the next four calendar years thereafter. The recommended capital budget and capital improvement program shall identify each proposed capital improvement with reasonable particularity and, as to each show its estimated capital costs and annual costs of debt services and operation and maintenance; and WHEREAS, Not only does the CPC submit its capital budget allocation recommendations to the mayor, in accordance with the City charter a thorough examination of requests for capital spending is also conducted; to this end it is evident that the Citizens Planning Council makes pivotal spending recommendations and plays an integral role in the capital budget process; and WHEREAS, When public funds are involved there is a compelling responsibility to conduct business with the utmost transparency and integrity. Transparency benefits the entire community by building trust and making government more accountable to its citizens. The public's right to know promotes equal and equitable access to government, encourages integrity in official conduct and prevents undisclosed and undue influence from special interests; and WHEREAS, In that the CPC's recommendations concern every citizen in the City of Buffalo, residents should be given the opportunity to comprehend the rationale and process behind the CPC's fired allocations and determinations that directly affect their communities; and WHEREAS, Public Officers Law §103(d)(1) goes on to state that any meeting of a public body that is open to the public shall be open to being photographed, broadcast, webcast or otherwise recorded and /or transmitted by audio or video means; WHEREAS, The CPC, a public board embodied on behalf of the taxpayers, should be transparent in its decision making, this can be achieved by the CPC conducting its meetings and examinations during the capital budget process in Common Council Chambers; and further, it's meetings should be recorded and broadcast on the Cable Access Television (CATV) government channel so that those residents who cannot attend a meeting in Common Council Chambers due to a number of reasons such as age, disability, or work schedule, will still have the opportunity to be a part of the process; and WHEREAS, in today's electronic age any information needed for the CPC's decision making process is readily accessible in electronic format and the Council Chambers is equipped with internet access and projection equipment to facilitate a public meeting. Therefore it would appear that conducting these meetings in Common Council Chambers would not be cumbersome; and NOW, THEREFORE BE IT RESOLVED, That the Common Council requests that the CPC conduct all its' upcoming meetings during its capital budget process in Common Council Chambers and have such meetings open to the public and recorded for public broadcasting on CATV government channels; and BE IT FURTHER RESOLVED, That the CPC, should they be unable to comply with this request, provide a written response to this resolution with an explanation to this Common Council identifying and detailing any impediments to conducting their meetings in Common Council Chambers in an effort to allow the taxpayers of the City of Buffalo to participate in and observe the decision making process that so greatly impacts their communities. NOW, THEREFORE BE IT FURTHER RESOLVED that this resolution be forwarded to the Citizens Planning Council, The Office of Strategic Planning, the City's Office of Telecommunications and Utilities, the City Clerk, and the Mayor for comment and action, and that this matter be referred to the Common Council Finance Committee for further action. ADOPT RESOLVES REFER REMAINDER TO THE COMMITTEE ON FINANCE NO. 107 BY: COUNCILMEMBER MICHAEL J. LOCURTO ASSISTANT LEGISLATIVE AIDE II APPOINTMENT WHEREAS: I am appointing Alyssa K. Weiss, who resides at 167 Oxford Avenue, Buffalo, New York as a Legislative Aid II in my office; and WHEREAS: Ms. Weiss is a recent graduate of the University at Buffalo, having obtained a Bachelor of Arts in Political Science and Global Gender Studies; and WHEREAS: Ms. Weiss previously served as the editorial assistant and project leader for the Journal for Research in Political Sociology and is quite capable of filling this position; NOW, THEREFORE, BE IT RESOLVED: That the Common Council appoints Ms. Alyssa K. Weiss to Assistant Legislative Aide II for the Delaware District. ADOPTED NO. 108 BY: MR. LOCURTO AND MR. KEARNS RE: BUFFALO ECONOMIC RENAISSANCE CORPORATION PROVIDING BONUSES TO ITS EMPLOYEES. WHEREAS, The Buffalo Urban Renewal Agency (BURA) is a public benefit corporation that was designed to manage the various urban renewal programs. Among its responsibilities BURA lends money and provides grants to businesses and individuals; and WHEREAS, The City of Buffalo receives Community Development Block Grant ( "CDBG ") funding from the federal government which currently is passed through to and administered by BURA who contracts with and passes certain funding through to the Buffalo Economic Renaissance Corporation ( "BERC "); and WHEREAS, In 2009, BURA, BERC and the City's handling of CDBG funds have been under scrutiny and the focus of special monitoring performed by the U.S. Department of Housing and Urban Development ( "HUD') who reported nineteen (19) findings and two (2) concerns relating to operational shortcomings, and ineligible expenses of over $5.8 million, in the administration of federal funds; and • WHEREAS, Notwithstanding HUD's findings and concerns and having lent money to a business that did not meet its loan standards, BERC paid bonuses totaling $7,475.00 to nineteen (19) employees as reported by the Authorities Budget Office in its 2009 Supplemental Budget. These bonus payments do not appear warranted given the agency's recent performance. NOW, THEREFORE BE IT RESOLVED, This honorable body does hereby request of BERC, BURA and the city administration, that they report the names and positions of BERC's and any other appointees or employees that received bonuses for the fiscal or calendar year 2009, (except for bonuses paid to individuals pursuant to the terms and conditions of a duly authorized collective bargaining agreement), the amounts paid to each employee and the rationale for providing these bonuses; and BE IT FINALLY RESOLVED, That given the gravity of this matter, that this report be forwarded to this Honorable Body immediately, and that in anticipation thereof, that this matter be referred to the Common Council Committee on Community Development for further action. Delaware District Councilmember Michael P. Kearns South District Councilmember ADOPT RESOLVES REFER REMAINDERTO THE COMMITTEE ON COMMUNITY DEVELOPMENT -Yd LViR2:111*1144, NO. 109 BUDGET AND PERSONNEL AMENDMENT 02 - CITY CLERK 1020 - CITY CLERK The Common Council of the City Of Buffalo does ordain as follows: That part of Section 1 of Chapter 35 of the Code of the City of Buffalo, relating to 02 - City Clerk, 1020 City Clerk which currently reads: 2 Assistant Legislative Aide $27,018 Is hereby amended to read: 3 Assistant Legislative Aide $27,018 From: 10220006 - 432004$27,018 To: 10220001 - 411001 $27,018 IT IS HEREBY CERTIFIED, that a personnel requisition incident to the creation of the above - mentioned position, containing a statement of the duties for such position, has been filed with the Municipal Civil Service Commission, and said Commission has approved and certified the position title set forth in the foregoing ordinance as being the appropriate Civil Service title for the proposed position GERALD A. CHWALINSKI, CITY CLERK AND DONNA J. ESTRICH, DIRECTOR OF BUDGET & ADMINISTRATION, hereby certify that the above change is necessary for the proper conduct, administration and performance of essential services of that department. We recommend that the compensation for said position be fixed at the respective amount set forth in the foregoing ordinance. ADOPTED NO. 110 BY: MR. SMITH GRANT PERMISSION TO HANG PERMANENT BANNERS ON MAIN STREET Whereas Tri -Main Development, operates the Tri -Main Center, a completely renovated mixed -use office, studio and light industrial facility; and Whereas Located in the heart of the city at 2495 Main Street, Tri -Main Center is an anchor of the community and offers tenants diverse spaces that provide the opportunity to create working areas that meet the many different needs of today's businesses; and Whereas To beautify the neighborhood and promote their facility, Tri -Main Development has requested permission to hang 14 permanent banners on Main Street, between Rodney and Jewett Avenue; and The City of Buffalo supports Tri -Main Development in their efforts to beautify the neighborhood and promote the Tri -Main Center; Now, Therefore, Be It Resolved: That the City of Buffalo Common Council hereby grants permission to Tri -Main Development to hang 14 permanent banners on Main Street, from Rodney to Jewett Avenue; and Now, Therefore, Be It Further Resolved: That the banners are hung in accordance with all conditions, restrictions, and requirements as set forth by the City of Buffalo rand the Department of Public works, Parks and Streets and that no existing laws are violated. ADOPTED NO. 111 BY MR. SMITH FELICITATIONS /IN MEMORIAM Attached hereto are Felicitation and In Memoriam Resolutions sponsored by Members of the Common Council as indicated: Felicitation for Margaret C. Wendt By Councilmember Haynes, Franczyk ADOPTED NO. 112 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 Lydell Fortune Talia Rodriguez TOTAL2 ADOPTED NO. 113 BY: DEMONEA SMITH That the following persons are hereby appointed as Commissioner of Deeds for the term ending December 31, 2010, conditional, upon the person so appointed certifying under oath to their qualifications and filing same with the City Clerk: • Cheryl Walker • Joan A. Brass • Duane Fleming TOTALS ADOPTED NO. 114 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 27, 2010 at 9:45 o'clock AM Committee on Finance Tuesday, July 27, 2010 at 10:00 o'clock AM following Civil Service Committee on Comm. Dev. Tuesday, July 27, 2010 at 1:00 o'clock PM Committee on Legislation Tuesday, July 27, 2010 at 2:00 o'clock PM (Public Disclaimer): All meetinas are subiect to chanae and cancellation by the respective Chairmen of Council Committees. In the event that there is sufficient time aiven for notification. it will be provided. In addition. there may be meetinas set uD wherebv the Citv Clerk's Office is not made aware: therefore. unless we receive notice from the respective Chairmen. we can only make notification of what we are made aware. NO. 115 ADJOURNMENT On a motion by Mr. Fontana, Seconded by Mrs. Russell the Council adjourned at 3:00 PM Board of Police and Fire Pension Proceedings #7 Office of the Mayor -201 City Hall July 15, 2010 Present Hon. Byron W. Brown, Mayor Hon. David A. Rodriguez, Acting Corporation Counsel Gerald Chwalinski, City Clerk The Journal of the last meeting was approved. No. 1 I transmit herewith the Pension Payroll for the Fire Pension Fund for the month of July 2010 amounting to $3,740.00 and request that checks be drawn to the order of the persons named herein for the amounts stated. Adopted Ayes -3. Noes -0. No. 2 1 transmit herewith the Pension Payroll for the Police Pension Fund for the months of July 2010 amounting to $2,815.00 and request that checks be drawn to the order of the persons named herein for the amounts stated. Adopted. Ayes -3 Noes -0. No. 3 On motion by Mr. Ball the City of Buffalo Police and Fire Pension Board Meeting adjourned at 11 :10 a.m. SPECIAL SESSION JULY 21, 2010 AT 2:00 P.M. 1. Call for Special Session R &F 2. Appoint Commissioner of Police APP 3. Adjourn R &F Present: David A. Franczyk President of the Council, and Council Members Fontana , Golombek, Haynes, Kearns, LoCurto, Rivera, Russell, Smith — 9 Absent None NO 1 CALL FOR SPECIAL SESSION July 20, 2010 Hon. David A. Franczyk President Common Council 1315 City Hall Buffalo, New York Dear Sir: WE, the undersigned, members of the Common Council, hereby request that you call a Special Meeting of the Common Council, pursuant to Section 3.9 of the Charter of the City of Buffalo, for the following purpose: To receive and take appropriate action on All Items Relating To 1.) Appoint Police Commissioner We request that this Special Meeting be held on July 21, 2010 at 2:00 P.M. David A. Franczyk Richard A. Fontana Joseph Golombek Bonnie E. Russell Demone Smith July 20, 2010 Mr. Gerald A. Chwalinski City Clerk 1308 City Hall Buffalo, New York Dear Mr. Chwalinski: Pursuant to Section 3.9 of the Charter of the City of Buffalo, upon the written request of Five Councilmembers, dated July 20, 2010 presented to you herewith, I hereby call a Special Meeting of the Common Council to be held in the Council Chambers, City Hall, Buffalo, New York, on July 21, 2010 at 2:00 P.M. for the following purpose: To receive and take appropriate action on: All Items Relating To 1.) Appointment Police Commissioner Yours very truly, David A. Franczyk President of the Council July 20, 2010 TO EACH MEMBER OF THE COMMON COUNCIL: YOU ARE HEREBY NOTIFIED that, pursuant to Section 3.9 of the Charter of the City of Buffalo, upon the written request of Five Councilmembers, dated July 20, 2010, DAVID A. FRANCZYK, President of the Common Council, has called a Special Meeting of the Common Council, to be held in the Council Chambers, City Hall, Buffalo, New York, on July 21, 2010 at 2:00 P.M. for the following purpose: To receive and take appropriate action on all items relating to 1.) Appointment Police Commissioner Yours very truly, Gerald A. Chwalinski City Clerk Pursuant to Rule 2 of the Rules of Order of the Common Council of the City of Buffalo, each of the following named members of the Common Council, to wit: RICHARD FONTANA JOSEPH GOLOMBEK CURTIS HAYNES JR MICHAEL KEARNS MICHAEL LOCURTO DAVID A. RIVERA BONNIE E. RUSSELL DEMONE SMITH hereby states that he /she received twenty -four (24) hours' notice of the time and purpose of the Special Meeting of the Common Council duly called to be held on July 21, 2010 at 2:00 P.M. Richard A. Fontana Curtis Haynes Jr Joseph Golombek Bonnie E Russell Demone Smith STATE OF NEW YORK COUNTY OF ERIE) ss: CITY OF BUFFALO) On this 21 sc day of July 2010, before me, the subscribers, personally To me known to be the same persons described in and who executed the foregoing instrument, and they duly and severally acknowledged to me that they executed the same. Gerald A. Chwalinski Commissioner of Deeds, in and for the City of Buffalo, N.Y. My Commission expires 12/31/10 NO2 APPOINT DANIEL DERENDA 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. Mr. Derenda's appointment went before the Common Council at its July 6, 2010 meeting and Mr. Derenda appeared before the Common Council's Committee on Legislation on July 13, 2010 and answered all questions posed to him. Given the importance of this position, it is critical that certainty be brought to this issue prior to recess. Therefore, I respectfully request Your Honorable Body take a vote at your July 20, 2010 meeting. Byron W. Brown Mayor PASSED AYES — Fontana, Franczyk, Golombek, Russell, Smith 5 Noes- Haynes, Kearns, LoCurto, Rivera 4 NO3 ADJOURNMENT On a motion by Councilmember Fontana, Seconded by Mr. LoCurto The Council adjourned at 2:19 PM