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Home My WebLink About10-0907-0727Sss-0804ss-805ssNO. 16 PROCEEDINGS OF THE CITY OF BUFFALO SEPTEMBER 7, 2010 SPECIAL SESSION JULY 27, 2010 SPECIAL SESSION AUGUST 4, 2010 SPECIAL SESSION AUGUST 5, 2010 MAYOR Hon. Byron W. Brown COMPTROLLER Andrew Sanfilippo COMMON COUNCIL PRESIDENT OF THE COUNCIL FILLMORE DISTRICT DAVID A. FRANCZYK PRESIDENT PRO TEMPORE NIAGARA DISTRICT DAVID A. RIVERA MAJORITY LEADER LOVEJOY DISTRICT RICHARD A. FONTANA DISTRICT COUNCIL MEMBERS CURTIS HAYES JR - ELLICOTT DEMONE A. SMITH — MASTEN MICHAEL J. LO CURTO — DELAWARE JOSEPH GOLOMBEK JR. — NORTH DAVID A. RIVERA- NIAGARA BONNIE C. RUSSELL - UNIVERSITY REGULAR COMMITTEES CIVIL SERVICE COMMITTEE: Bonnie E. Russell Chairman, Michael P. Kearns, Richard A. Fontana, Curtis Haynes Jr., David A. Rivera - Members CLAIMS COMMITTEE: David A. Rivera Chairman, Richard A. Fontana, Michael P. Kearns, Bonnie E. Russell - Members COMMUNITY DEVELOPMENT COMMITTEE: Michael LoCurto, Chairman, Richard A. Fontana, Joseph Golombek Jr., David A. Rivera, Demone Smith - Members FINANCE COMMITTEE: Michael P. Kearns, Chairman, Curtis Haynes Jr., Michael J. LoCurto, David A. Rivera, Bonnie E. Russell - Members. LEGISLATION COMMITTEE: Joseph Golombek Jr., Chairman, Richard A. Fontana, Curtis Haynes Jr., Michael LoCurto, David Rivera - Members. RULES COMMITTEE: David A. Franczyk, Chairman, Richard A. Fontana, David A. Rivera - Members 1-11:2 *] / e 1 S e i e L� i h� i 111 i 9 4 *1 Members BUDGET COMMITTEE: Richard A. Fontana, Chairman, Michael P. Kearns, Michael J. LoCurto, Bonnie E. Russell - EDUCATION COMMITTEE: Demone Smith, Chairman, Richard A. Fontana, Curtis Haynes Jr.- Members MINORITY BUSINESS ENTERPRISE COMMITTEE: Demone Smith Chairman, Richard A. Fontana, Joseph Golombek Jr., Curtis Haynes Jr. — Members PARKS OVERSIGHT: Demone A. Smith, Chairman, Richard A. Fontana, Curtis Haynes Jr., Michael P. Kearns, Michael J. LoCurto - Members POLICE OVERSIGHT: Richard A. Fontana, Chairman, Curtis Haynes Jr., Michael P. Kearns, David A. Rivera, Bonnie E. Russell, Demone Smith — Members PUBLIC TRANSPORTATION: Michael P. Kearns, Chairman, Richard A. Fontana, Michael J. LoCurto, David A. Rivera - Members WATERFRONT DEVELOPMENT COMMITTEE: Michael P. Kearns, Chairman, Joseph Golombek, Jr, Michael J. LoCurto, David A. Rivera, members CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO TUESDAY, SEPTEMBER 7, 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 20, 2010 were approved. INVOCATION PLEDGE TO FLAG DATE September 7. 2010 FINAL MAYOR 1. Appt Board Of Parking(Helfer, Gonzalez) APP,COLL 2. Appt Special Assistant to the Deputy Mayor III(Exempt)(Mclean) R &F MAYOR - EXECUTIVE 3- 2A Pres Bd- Preservation Code Amendment LEG 4- 3. Citizens Serv- Submission Monthly Report -July 2010 R &F 5- 4. Plan Bd -SEQR- Negative Declaration -68 S. Elmwood(Ell) R &F 6- 5. Plan Bd- Negative Declaration -727 Elmwood Ave(Del) R &F 7- 6. Plan Bd- Negative Declaration -65 Great Arrow Ave(North) R &F 8- 7. Plan Bd- Negative Declaration -275 Oak St(Ell) R &F 9- 8. Plan Bd- Negative Declaration -239 Van Rensselaer(Fill) R &F 10- 9. Plan Bd- Negative Declaration -30 Wyoming(Mas) R &F 11- 10. Strat Plan- Report of Sale -417 Breckenridge(Nia) APP 12- 11. Strat Plan- Report of Sale -260 Chandler(North) CD 13- 12. Strat Plan- Report of Sale -453 E. Delavan(Masten) APP 14- 13. Strat Plan- Report of Sale -534 Glenwood (Masten) APP 15- 14. Strat Plan- Report of Sale -205, 207 Lemon(Ell) APP 16- 15. Strat Plan- Report of Sale -20 Orton(Ell) APP 17- 16. Strat Plan- Report of Sale -19 Wisconsin(Lov) APP 18- 17. Strat Plan- Rescind Sale & Forfeit Deposit -1269 Genesee(Masten) APP COMPTROLLER 19- 18. Compensation & Benefits Audit Update FIN 20- 19. Interfund Cash Loan APP 21- 20. Appt Senior Accountant- (Perm)(Inter)(Fanton) CS COUNCIL PRESIDENT 22- 21. Appoint Demone Smith to the Joint Schools Construction Board R &F PUBLIC WORKS 23- 22. Notification Serial #10568-1 0569(Del) (Waive 45 Days) R &F 24- 23. 326 Amherst St- Encroachments APP 25- 24. Change in Contract - Bailey Kensington Fire Station Constr(Univ) APP 26- 25. Change in Contract - Repair Streetlight Foundations & Knockdowns Citywide VIII APP 27- 25A Change in Contract-Sch neck Tree Removal APP 28- 26. Emergency Contract for City Pools FIN 29- 27. North Buffalo Proj Informational Update(North & Del) R &F 30- 28. Permission to Engage Consulting Eng. Update Hydraulic Model for Wtr Sys APP 31- 29. Permission to Enter Agrmnt w /NYSDOT -Cherry St & BFNC & Sery Rd Impr APP 32- 29A Permission to Extend Contract -Caz Ice Rink APP 33- 30. Report of Bids Bflo Nia Med Campus - Ellicott Gateway Proj(Ell) APP 34- 31. Report of Bids D.A.R. Dr Rd Reconstr Proj 2010 APP 35- 32. Report of Bids 'D' District Police Station HVAC Modifications(North) APP 36- 33. Report of Bids Historical Society Air Conditioning Phase I APP 37- 34. Report of Bids Safe Routes to School APP 38- 35. Report of Bids Wtr Distribution Sys Improvements -Phase 2(North) APP 39- 36. Request to Purchase Equipment -Dump Trucks APP 40- 37. Request to Purchase Equipment -Plows APP 41- 38. Request to Purchase Equipment -Salt Spreader APP 42- 39. Request to Purchase Equipment- Vacuum Sweepers APP 43- 40. Appoint Director of Parks & Recreation (Prov)(Flat)(Smith) CS 44- 41. Appoint Exterminator (Perm)(Max)(LaVango) CS POLICE 45- 42. Donation of Vehicle APP W /COND 46- 43. Drug Asset Forfeiture Wire Transfers R &F 47- 44. Appoint Police Commissioner(Exempt)(Derenda) R &F FIRE 48- 45. Approval to Accept KFC Donation FIN CORPORATION COUNSEL 49- 46. Appt Legal Secretary(Perm)(Max)(Ganci) CS PERMITS AND INSPECTIONS 50- 47. Food Store (New) 472 Grant (Nia) APP 51- 48. Food Store (New) 1233 Niagara (Nia) APP 52- 48A Food Store License -136 North Division(New)(EII) APP 53- 49. Restaurant Dance License (Renewal) 533 Amherst St (Unv) APP 54- 50. Restaurant Dance License (Renewal) 2192 Niagara (North) APP 55- 51. Sidewalk Cafe 765 Elmwood New Owner(Del) APP 56- 52. Sidewalk Cafe 1009 Elmwood New Owner(North) APP 57- 53. Used Car Dealer 407 South Park(Fill) LEG 58- 54 Salary Ordinance Amendment -Data Control Clerk FIN ADMINISTRATION AND FINANCE July 20 59- 55. Sale of Scrap Metal APP PARKING D. Smith - Concerns Removal of Copy Machine R &F 60- 56. Appoint Commissioner of Parking(Exempt)(Helfer) R &F HUMAN RESOURCES July 20 61- 56A Response - Comptrollers Audit Update FIN 62- 57. Appt Director of Comp & Benefits(Perm)(Flat)(Palmer) CS BERC July 20 C. Haynes- Concerns Towne Gardens Plaza 63- 58. Response to CCP #108, 7/20 - Bonuses to Employees CD CITY CLERK 64- 59. Mayor Reported out of State R &F 65- 60. Items returned by Mayor without Approval /Disapproval R &F 66- 61. Liquor License Applications R &F 67- 62. Leaves of Absence R &F 68- 63. Reports of Attendance R &F 69- 64. Appoint Common Council Staff(BolI man) (Weiss) ADOPT 70- 64A Appoint Common Council Staff(Cty Clk)(Chase) ADOPT 71- 65. Notices of Appointments - Council Interns ADOPT 72- 66. Notices of Appointment - Seasonal R &F 73- 67. Notices of Appointments- Temp /Prov /Perm CS MISCELLANEOUS 74- 68. R. Allen- Concerns Roosevelt Pool LEG 75- 69. Bflo Nia Med Campus -Info Meeting on BNMC Multi -Modal Trans. Structure R &F 76- 70. LP Ciminelli -Board Packet Documents July 2010 ED 77- 71. LP Ciminelli -Board Packet Documents August 2010 ED 78- 72. C. Haynes- McCarley Gardens /East Side Economic Development Presentation CD 79- 73. B. McIntyre- Concerns 1241 Michigan R &F,REAL ESTATE 80- 74. NYSDEC - Cleanup Activities Begin 1318 Niagara St Site R &F 81- 75. NYSDEC- Proposed Final Cleanup Plan 1132 -1146 Seneca St Available for Public Comment R &F 82- 76. NYS Dept of Public Service- Update NYSEG Rate Cases R &F 83- 77. J. Pajak - Compt's Report to Mayor -2011 Cap Improv Budget & 5 Yr Plan FIN 84- 78. J. Pajak -NYS Compt to Conduct Federal Stimulus Claims Audit FIN 85- 79. D. Pridgen - Support Responsible Tobacco Retailing Act LEG 86- 80. R. Stanton - Amended LEAF -Redev 468 Delaware Ave(Ell) R &F,CPBD 87- 81. US Army Corps -Req Comments From Public Regarding Work at Black Rock Canal, 194 Porter Ave R &F 88- 82. WKBW- Info Re Closing System R &F PETITIONS 89- 83. K. Brinkworth, Agent, Use 727 Elmwood Create Outdoor Cafe -Rear of Existing Bar (Del)(hrg 9/14) LEG,CPBD 90- 84. C. Hardy, Owner, Use 1860 Seneca St for A Tattoo Parlor (South)(hrg, 9/14) LEG,CPBD 91- 85. D. Jackson, Owner, Use 16 Rounds for a HSF(Univ)(no pub hrq) LEG,CPBD,ZONING 92- 86. A. Patel, Owner, Rezone 220 14 St, Additional Pkg Spc(Nia)(Hrg 9/21) LEG,CPBD,ZONING 93- 87. D. Salemi, Owner, Use 1177 Abbott for a Free Standing LED Sign (South)(hrg 9/14) LEG,CPBD 94- 88. M. Tufillaro, Agent, Use 1040 Delaware - Convert Senior Home to Apts /Offices at Lower Level (Nia)(hrg 9/14) LEG,CPBD 95- 89. R. Ruh & Others Oppose Outdoor Cafe 727 Elmwood(Del) LEG RESOLUTIONS 104- 90. Fontana,etc Healthcare Dependent Audits ADOPT RESOLVES,REM TO FIN 105- 91. Fontana Ord Amend -Ch 309 -Parks and Other Open Spaces LEG 106- 92. Golombek Designate 394 and 396 Hertel Ave as a RAPP Lot LEG,PKG 107- 93. Golombek Implementing a Professional City Manager Form of Gov LEG 108- 94. Golombek Removal of Karla Thomas as Comm of Human Resources R &F 109- 95. Golombek USA National Masters Championship Fleet Feet 15K Run APP 110- 96. Haynes Creating Community Bldg Task Force to Address Crime and Its Causes in Buffalo ADOPT 3 RD & LAST RESOLVES,REM TO CD 111- 96A Haynes Investing in the Cultural Corridor - Michigan St Project ADOPT RESOLVES REM TO CD 112- 96B Rivera Support of Breakout ADOPT 113- 97. Russell Permission to Hang Banners for Holy Angels Academy APP 114- 98. Russell Budget & Personnel Amendment - Permits & Inspection Sery FIN 115- 99. Smith Felicitations in Memorium ADOPT 116- 100. Smith Comm of Deeds Public Duties ADOPT 117- 101. Smith Comm of Deeds ADOPT SUBMISSION LIST OF COMMITTEE ITEMS FOR THE COUNCIL MEETINGS FINANCE 96- 1. No 58 July 20 Erie County 2010 Annual Report Dept of Real Property Tax Services R &F 97- 2. No 63 July 20 D. Smith - Concerns Removal of Copy Machine R &F COMMUNITY DEVELOPMENT 98- 3. Com 43 July 20 Scrap Processor 143 Fillmore(Fill)(EDPI) APP 99- 4. Com 45 July 20 Wholesale Junk Dealer 143 Fillmore(Fill)(EDPI) APP 100 -5. No 59 July 20 C. Haynes- Concerns Towne Gardens Plaza R &F 101 -6. No 66 Oct 27 Report of Sale 79 Walden(Fill)(Strat Plan) ( #18,5/26)( #56,6/9)( #84,7/7)( #94,9/1) R &F LEGISLATION 102 -7. No 65 July 20 N. Taylor- National Fuel Files for Yr Four of Conservation Incentive Proq R &F 103-8. Com 1 July 6 Appointment Commissioner of Police(Derenda)(Mayor) R &F FROM THE MAYOR NO 1 APPT BOARD OF PARKING (HELFER, GONZALEZ) Pursuant to § 18 -34 of the City Charter, I hereby appoint Kevin J. Heifer, 71 Radcliffe Road, Buffalo, New York, 14214 to serve as the Chair of the Board of Parking effective immediately. Pursuant to § 18 -35 of the City Charter, I hereby appoint Susan M. Gonzalez, 311 Lakefront Blvd., Buffalo, New York, 14202 to serve on the Board of Parking for a 5 -year term, commencing immediately and expiring June 30, 2015. 1 hereby certify that the above named individuals are fully qualified to serve on the Board of Parking. Mr. Fontana moved: That the above communication from the Mayor dated July 23, 2010, be received and filed; and That the appointments to the Board of Parking of Kevin J. Heifer, 71 Radcliffe Road, as Chair of the Board of Parking effective immediately and of Susan M. Gonzalez, 311 Lakefront Boulevard, as a member, for a 5 year tern% commencing immediately and expiring June 30, 2015, are hereby approved on the condition that they do not owe any outstanding liens to the City of Buffalo. PASSED AYES -9 NOES -0 NO2 APPT SPECIAL ASSISTANT TO THE DEPUTY MAYOR III(EXEMPT)(MCLEAN) Certificate of Appointment Appointment Effective July 19, 2010 in the Department of Executive Division of Mayor to the Position of Special Assistant to the Deputy Mayor 111, Exempt, Flat Starting Salary of $41,578. Kirk R. McLean, 138 St. James PI. Apt 1, Buffalo 14222 RECEIVED AND FILED FROM THE MAYOR - EXECUTIVE DEPARTMENT BUFFALO PRESERVATION BOARD NO3 PRES BD- PRESERVATION CODE AMENDMENT The Buffalo Preservation Board has received the proposed code amendment that was referred to the Preservation Board and the Committee on Legislation on July 20, 2010 ( #97 CCP Jul. 20, 2010). In 1980, The City of Buffalo, following the creation of the Buffalo Preservation Board and the enactment of the City of Buffalo Preservation Code (Chapter 377), was included as one of New York State's first city governments throughout the State to be included in the Certified Local Government program (CLG). As a CLG, the Buffalo Preservation Board receives several benefits including grants, technical assistance, training and other resources from the New York State Historic Preservation Office. In order to become a CLG, the City of Buffalo was required to meets state and federal standards that included having enacted appropriate preservation legislation and appointing a qualified preservation review commission. Since enacting and maintaining appropriate preservation legislation is a key component in upholding CLG status, any amendments or alterations to Chapter 337 are customarily sent to SHPO for their review and comment. The item was referred to Julian Adams, CLG Coordinator in August, who then referred it to Kathleen Martens, Associate Counsel for SHPO. Attached is a memo from Ms. Martens to Mr. Adams that outline SHPO's concerns and reservations with the portion of the amendment that refers to the Preservation Board's role in SEQR review (337 -20 C). In short, the Preservation Board agrees with the reservations that SHPO has expressed and would recommend that the amendment to 337 -20 C not be approved at this time. The other portions {337 -33) of the amendment that address historic markers are agreeable. REFERRED TO THE COMMITTEE ON LEGISLATION. FROM THE OFFICE OF CITIZEN SERVICES N04 SUBMISSION MONTHLY REPORT -JULY 2010 The Office of Mayor, Division of Citizen Services, hereby submits, for your Honorable Body's review and approval, the monthly reports for the Mayor's Call and Resolution Center for the month of July 2010, as mandated by Section 6 -20(c) of the City of Buffalo's City Charter. This monthly statistical report details the number and nature of inquiries, requests and complaints received. RECEIVED AND FILED FROM THE CITY PLANNING BOARD N06 PLAN BD -SEQR NEGATIVE DECLARATION -68 S. ELMWOOD(ELL) SEQRA Notice of Determination Non Significance Negative Declaration This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (SEQR - State Environmental Quality Review) of the; Environmental Conservation Law. Lead Agency: City of Buffalo Planning Board Room 901, City Hall 65 Niagara Square Buffalo New York 14202 As per the provisions of SEQR, the Lead Agency has reviewed the following action as it relates to the environment: Action Title FBI Parking Lot Location 68 South Elmwood Avenue Type of Action: Unlisted- Uncoordinated Description: Ellicott Development is proposing the construction of a parking tot addition on the property located at 68 South Elmwood Avenue, Buffalo New York. The project consists of the addition of thirty -two new parking spaces on site. New security bollards will be installed around the entire perimeter of the parking existing and new parking area. Some sidewalks and curbs will be removed along Staats Street as Ellicott Development has been licensed to use a portion of this street for the FBI Parking Lot addition. New storm drainage will be installed as well as landscaping and site lighting. This project will be privately funded by Ellicott Development in the amount of 147,000 dollars. As a result of this Environmental Review, the Lead Agency has determined the undertaking of this action will not have a significant adverse affection the quality of the environment. No further environmental review of this action will be conducted prior to project implementation and a Draft Environmental Impact Statement will not be prepared. Reasons Supporting This Determination: The facts and masons for this decision are as follows: The project will allow the FBI to provide a more secure facility for both employees and clients as well as provide much needed secure parking for agents and other employees of the office building, The identified potential negative impacts appear to be primarily short -term site preparation and construction related activities, and do not appear to be significant in magnitude or effect. There are no actions, which will have a significant adverse impact on the environment, For further information relative to this Negative Declaration, contact Mr. Martin Grunzweig, Land Use Controls Coordinator, Room 901 City Hall, Buffalo New York 14202 - 716 851 -508. RECEIVED AND FILED N06 PLAN BD- NEGATIVE DECLARATION -727 ELMWOOD AVE (DEL) NEGATIVE DECLARATION NOTICE OF DETERMINATION OF NON- SIGNIFICANCE This notice is issued pursuant to Part 617 of the implementing regulations pertaining to the New York State Environmental Quality Review Act (SEAR), Article 8 of the' New York State Environmental Conservation Law. Lead Agency: City of Buffalo Planning Board Room 901, City Hall 65 Niagara Square Buffalo New York 14202 As per the provisions of SEAR, the Lead Agency has reviewed the following action as it relates to the environment: Action Title: New Front Fagade (Storefront) Location: 727 Elmwood Avenue Type of Action: Unlisted- Uncoordinated Description: Lawrence D. Senear, RA on behalf of the owner, Kevin Brinkworth is proposing to reconstruct the facade of the former Merlin's Tavern located at 727 Elmwood Avenue, Buffalo New York. The project will also include extensive improvements to the interior of the former tavern. The project will remove the existing non bearing storefront window, sill wall and plate glass windows down to the existing floor level and up to the existing window header and replace them with two new eight foot by nine feet eight inches overhead door with tempered safety glazing in all of the door lites with an anodized aluminum frame stiles and rails. All of the new wood trim will be painted to match the existing building. A new knee wall will be also added. Only the front entrance of the building will be used for access. There will be no coming or going of the patrons through the new garage doors. The project will be funded privately and cost approximately $8000.00. As a result of this Environmental Review, the Lead Agency has determined the undertaking of this action will not have a significant adverse impact on the quality of the environment. No further environmental review of this action will be conducted prior to project implementation and a Draft Environmental Impact Statement will not be prepared. Reasons Supporting This Determination: The facts and reasons for this decision are as follows: the project will allow for the remodeling of the facade of a tavern that has been operating on Elmwood Avenue for many years bringing a new and improved look to the building that has not always been maintained to the surrounding community's standards. The identified potential negative impacts appear to be primarily short -term site preparation and construction related activities, and do not appear to be significant in magnitude or effect. There are no actions, which will have a significant adverse impact on the environment. For further information relative to this Negative Declaration, contact Mr. Martin Grunzweig, Land Use Controls Coordinator, Room 901 City Hall, Buffalo, New York 14202- 716 851 -5085. RECEBVED AND FILED N07 PAN BD- NEGATIVE DECLARATION -65 GREAT ARROW AVE (NORTH) NEGATIVE DECLARATION NOTICE OF DETERMINATION OF NON- SIGNIFICANCE This notice is issued pursuant to Part 617 of the implementing regulations pertaining to the New York State Environmental Quality Review Act (SEAR), Article 8 of the New York State Environmental Conservation Law. Lead Agency: City of Buffalo Planning Board Room 901, City Hall 65 Niagara Square Buffalo New York 14202 As per the provisions of SEAR, the Lead Agency has reviewed the following action as it relates to the environment: Action Title: Tapestry Charter School, Phase II Location: 65 Great Arrow Avenue Type of Action: Unlisted - Uncoordinated Description: Trautman Associates on behalf of Tapestry Charter School is proposing to construct a new building addition with other site improvements on the property located at 65 Great Arrow Avenue, Buffalo New York. The proposed project will include the addition of a 42,862 SF two story building at the north end of the existing structure consisting of 27,662 SF of space on the first floor and 15,200 SF on the second floor. The building will house grade school classrooms and school offices. There will also be a new playground and a 1 (one) acre multi use green space installed that will be known as the "The Green" for use by the students for recreational activities. This area will be located north of the new proposed building. Tapestry Charter School has budgeted 5,400,000 dollars for this project and will be privately funded. It is expected that this project will begin in October 2010 and be completed by late August, 2011. As a result of this Environmental Review, the Lead Agency has determined the undertaking of this action will not have a significant adverse impact on the quality of the environment. No further environmental review of this action will be conducted prior to project implementation and a Draft Environmental Impact Statement will not be prepared. Reasons Supporting This Determination: The facts and reasons for this decision are as follows: this project will finalize the construction of the Tapestry School Project allowing the students, faculty and families to have all of the education components of their school come together making for a better educational environment for all. The For further information relative to this Negative Declaration, contact Mr. Martin Grunzweig, Land Use Controls identified potential negative impacts appear to be primarily short -term site preparation and construction related activities, and do not appear to be significant in magnitude or effect. There are no actions, which will have a significant adverse impact on the environment. Coordinator, Room 901 City Hall, Buffalo, New York 14202 - 716 851 -5085. RECEIVED AND FILED N08 PLAN BD- NEGATIVE DECLARATION -275 OAK ST (ELL) SEQRA NOTICE OF DETERMINATION NON - SIGNIFICANCE NEGATIVE DECLARATION This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (SEAR- State Environmental Quality Review) of the Environmental Conservation Law. Lead Agency: City of Buffalo Planning Board Room 901, City Hall 65 Niagara Square Buffalo New York 14202 As par the provisions of SEAR, the Lead Agency has the environment: Action Title Enterprise Charter School Gymnasium Location: 275 Oak Street Type of Action: Unlisted- Uncoordinated Description: Adelmann Palmisano Architects on behalf of Enterprise charter school is proposing the construction of a new gymnasium located at 275 Oak Street Buffalo New York. The existing school on site is in need of a new Gymnasium to meet state guidelines for education. The gymnasium requires wide -open spaces within the interior for the sports activities that the students are required to take part in. It is the intent of the school to design a structure that compliments the style of the existing structure as depicted on the most recent elevations of the building. Existing landscaping will remain and new plantings will be placed along Elm Street. The project is privately funded with an approximate cost of 1 million dollars. As a result of this Environmental Review, the Lead Agency has determined the undertaking of this action will not have a significant adverse affect on the quality of the environment. No further environmental review of this action will be conducted prior to project implementation and a Draft Environmental Impact Statement will not be prepared. Reasons Supporting This Determination: The facts and reasons for this decision are as follows: This project will fulfill the New York State guidelines for physical educations as well as provide a space for the school to provide recreational and physical activities. The identified potential negative impacts appear to be primarily short -term site preparation and construction related activities, and do not appear to be significant in magnitude or effect. There are no actions, which will have a significant For further information relative to this Negative Declaration contact Mr. Martin Grunzweig, Land Use Controls adverse impact on the environment Coordinator, Room 901 City Hall, Buffalo New York 14202 - 716 851 -5085 RECEIVED AND FILED N09 PLAN BD- NEGATIVE DECLARATION -239 VAN RENSSELAER (FILL) NEGATIVE DECLARATION NOTICE OF DETERMINATION OF NON- SIGNIFICANCE This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (SEAR - State Environmental Quality Review) of the Environmental Conservation Law. Lead Agency: City of Buffalo Planning Board Room 901, City Hall 65 Niagara Square Buffalo New York 14202 As per the provisions of SEAR, the Lead Agency has reviewed the following action as it relates to the environment: Action Title: Larkin U- Building Renovations Location: 2329 Van Rensselaer Type of Action: Unlisted - Coordinated Description: Architectural Resources on behalf of LCo Building LLC has proposed the Rehabilitation of the building located at 239 Van Rensselaer Street, Buffalo New York. LCo Building LLC is proposing to convert the existing three story approximately 50,000 sf brick structure formally a manufacturing facility into a business complex. This project involves complete renovation of the structure. Environmental considerations have been identified at all levels and incorporated into the design. The roof will be constructed to allow for future green roof features. All windows will be replaced with aluminum framed thermal units helping to provide energy savings and comfort to the building occupants. All brick surfaces are being cleaned & re- pointed to restore the building to its past color. The Atrium will serve as the main entry location as well as the main vertical circulation point within the structure. A new elevator and open stair system will tie each floor level together and serve as the main accessible route for individuals requiring assistance. There will be a connection to the existing parking structure. This project will be financed privately. As a result of this Environmental Review, the Lead Agency has determined the undertaking of this action will not have a significant adverse affect on the quality of the environment. No further environmental review of this action will be conducted prior to project implementation and a Draft Environmental Impact Statement will not be prepared. Reasons Supporting This Determination: The facts and reasons for this decision are as follows: This project will complete yet another integral piece to the highly successful Larkin District. The identified potential negative impacts appear to be primarily short -term site preparation and construction related activities, and do not appear to be significant in magnitude or effect. There are no actions, which will have a significant adverse impact on the environment. For further information relative to this Negative Declaration, contact Mr. Martin Grunzweig, Land Use Controls Coordinator, Room 901 City Hall, Buffalo New York 14202 - 716 851 -5085 RECEIVED AND FILED NO 10 PLAN BD- NEGATIVE DECLARATION -30 WYOMING (MAS) SEQRA NOTICE OF DETERMINATION NON - SIGNIFICANCE NEGATIVE DELCLARATION This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (BEQR - State Environmental Quality Review Of the Environmental Conservation Law, Lead Agency: City of Buffalo Planning Board Room 901, City Hall 65 Niagara Square Buffalo New York 14202 As per the provisions of SEAR, the Lead Agency lies reviewed the following action as it relates to the environment: Action Title Altamoni Program - Homeless Veterans Location: 30 Wyoming Street Type of Action: Unlisted- Coordinated Description: Savarino Companies on behalf of the Altamont Program for homeless veterans is proposing the construction of a new roof with dormer additions on the property located at 30 Wyoming Street Buffalo New York. The project owner is Altamont Program, a homeless veteran's service program. This project was reviewed and approved by the City of buffalo Zoning Board of Appeals on June 23,2010. The expansion is to create ten additional bedrooms for the veterans needing housing in the Greater Buffalo Area. The facilities were renovated into a human service program in 2008 and since that time, the project has been successful in helping veterans find adequate housing, job training and become productive members of society. Currently there is a waiting list of 30 individuals. The roof at 30 Wyoming is in need of full replacement. While undertaking this work, Altamont proposes to add six dormers and refit the attic space as habitable living space. The proposal includes converting the third floor space into ten bedrooms and a single bathroom. The space is fully sprinkled with two forms of egress. The project is anticipated to begin in August and be complete by December 2010. The project is funded by the Veterans Administration, As a result of this Environmental Review, the Lead Agency has determined the undertaking of this action will not have a significant adverse affect on the quality of the environment. No further environmental review of this action will be conducted prior to project implementation and a Draft Environmental Impact Statement will not be prepared. Reasons Supporting This Determination: The facts and reasons for this decision are as follows: this project when complete will provide immediate housing and services to ten veterans currently in need of housing and other forms of assistance, The identified potential negative impacts appear to be primarily short4erm site preparation and construction related activities, and do not appear to be significant in magnitude or effect. There are no actions, which will have a significant adverse impact on the environment. For further information relative to this Negative Declaration, contact Mr. Martin Grunzweig, Land Use Controls Coordinator, Room 901 City Hall, Buffalo New York 14202 - 716 851 -5085 RECEIVED AND FILED FROM THE OFFICE OF STRATEGIC PLANNING NO 11 STRAT PLAN - REPORT OF SALE -417 BRECKENRIDGE (NIA) 62.90'W Baynes Lot Size: 31'x 44' Assessed Valuation: $2,700.00 (Niagara District) The Office of Strategic Planning, Division of Real Estate has received a request from Iron Island NY Properties, LLC, Mr. Richard R. Goodman and Mr. George Nivaliku, 205 Oneil Circle, Hercules, California 94547 to purchase 417 Breckenridge. Iron Island NY Properties, LLC owns a two family house at 419 Breckenridge, which is adjacent to 417 Breckenridge. They intend to use the vacant lot for additional green space. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchasers. The Anti Flipping Task Force has reviewed the out of town purchaser and has no objection to the sale. The Division of Real Estate has investigated the sale of similar lots in the subject area. Sales range from Seventy -Five Cents ($75) to One Dollar and Fifty Cents ($1.50), per square foot. Iron Island NY Properties, LLC has agreed and is prepared to pay One Thousand Three Hundred Dollars ($1,300.00), Ninety -Five Cents ($.95) 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 417 Breckenridge to Iron Island NY Properties, LLC in the amount of One Thousand Three Hundred Dollars ($1,300.00). 1 am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. DEPARTMENT HEAD NAME: 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 August 27, 2010, be received and filed; and That the offer from Iron Island NY Properties, LLC, Mr. Richard R. Goodman and Mr. George Nivaliku, 205 Oneil Circle, Hercules, California 94547, in the sum of One Thousand and Three Hundred Dollars ($1,300.00) for the purchase of 417 Breckenridge, be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES -9 NOES -0 NO 12 STRAT PLAN - REPORT OF SALE -260 CHANDLER (NORTH) 1786.01' E Military, 150' to Railroad Lot Size: 1,060'x 150' Assessed Valuation: $71,700.00 The Office of Strategic Planning, Division of Real Estate has received a request to purchase 260 Chandler Street from Mr. Robert Bencini, attorney representing Weatherpanel, Inc. Weatherpanel, Inc. located at 275 Chandler intends to acquire and redevelop the property for customer parking and future expansion of its facilities. The subject property consists of a 3.6 acre vacant parcel of land that is zoned M -2. The City of Buffalo received an Appraisal of the property from KLW Real Estate Appraiser and Consultants. The City of Buffalo Appraisal Review Board reviewed the appraisal report which estimated the range of value for the subject property between Fourteen Thousand Dollars ($14,000.00) to Thirty Three Thousand Eight Hundred Twenty Five Dollars ($33,825.00) per acre. The Appraiser estimated the Fair Market Value of 260 Chandler Street at Seventy Three Thousand Dollars ($73,000.00). The Appraisal Review Board concurs with the appraiser's estimate of value. The Office of Strategic Planning, Division of Real Estate through negotiations has received an offer from Weatherpanel, Inc. in the amount of Sixty Five Thousand Dollars, ($65,000.00), Seventeen Thousand Seven Hundred Sixty Dollars ($17,760.00) per acre. The purchaser offer is contingent upon the purchaser obtaining all required permits and approvals for their intended use of the property and an environmental report satisfactory to the purchaser. The City of Buffalo will not provide for any search or survey for the property. The purchaser has also agreed to accept a quick claim deed from the City and pay for all closing costs associated with the transfer of title to the property. I am recommending that your Honorable Body accept the offer of Weatherpanel, Inc., in the amount of Sixty Five Thousand Dollars, ($65,000.00), upon the above mentioned terms and conditions. I am further recommending that the Office of Strategic Planning, Division of Real Estate prepare the necessary documents for the transfer of title and 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 NO 13 STRAT PLAN - REPORT OF SALE 463 E. DELAVAN (MASTEN) 200'W Fillmore Lot Size: 31'x 110' Assessed Valuation: $2,900.00 The Office of Strategic Planning, Division of Real Estate has received a request from Ms. Mary Patricia Maloney, Trustee for Melbourne Family Revocable Living Trust, 9 Melbourne Court, Buffalo, New York 14222 to purchase 453 East Delavan Avenue. Ms. Maloney owns a small garage at 449 East Delavan that is used for storage. She intends to use 453 East Delavan 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 -Five Cents ($75) to One Dollar ($1.00), per square foot. Ms. Maloney has agreed and is prepared to pay Two Thousand Nine Hundred Dollars ($2,900.00), Eighty -Five Cents ($.85) per square foot for the subject property. She has also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 453 East Delavan to Ms. Mary Maloney of Melbourne Family Revocable Living Trust in the amount of Two Thousand Nine Hundred Dollars ($2,900.00). 1 am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. 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 August 12, 2010, be received and filed; and That the offer from Ms. Mary Patricia Maloney, Trustee for Melbourne Family Revocable Living Trust, 9 Melbourne Court, in the sum of Two Thousand and Nine Hundred Dollars ($2,900.00) for the purchase of 453 East Delavan, be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES -9 NOES -0 NO 14 STRAT PLAN - REPORT OF SALE -534 GLENWOOD (MASTEN) 534 Glenwood, 435'W Humboldt Pkwy. Lot Size: 30'x 129' Assessed Valuation: $2,000.00 The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Daniel A. Edwards, 70 Manhart Street, Buffalo, New York 14215 to purchase 534 Glenwood. Mr. Edwards owns a two family house at 538 Glenwood, which is adjacent to 534 Glenwood. He intends to use the vacant lot for additional green space. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. The Division of Real Estate has investigated the sale of similar lots in the subject area. Sales range from Fifty Cents ($.50) to Eighty Cents ($.80), per square foot. Mr. Edwards has agreed and is prepared to pay Two Thousand One Hundred Dollars ($2,100.00), Fifty -Five Cents ($.55) 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 534 Glenwood Mr. Daniel Edwards in the amount of Two Thousand One Hundred Dollars ($2,100.00). 1 am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. JOHN P. HANNON, JR. DIRECTOR OF REAL ESTATE OFFICE OFFICE OF STRATEGIC PLANNING Mr. Fontana moved: That the above communication from the Office of Strategic Planning dated August 23, 2010, be received and filed; and That the offer from Mr. Daniel A. Edwards, residing at 70 Manhart Street, in the sum of Two Thousand and One Hundred Dollars ($2,100.00) for the purchase of 534 Glenwood, be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES -9 NOES -0 NO 15 STRAT PLAN - REPORT OF SALE-206,207 LEMON (ELL) 130' S High Lot Size: 35'x 100' Assessed Valuation: $1,800.00 100' S High Lot Size: 30'x 1 00' Assessed Valuation: $1,600.00 The Office of Strategic Planning, Division of Real Estate has received a request from First Centennial Missionary Baptist Church, Ms. Margaret Baskin, 273 High Street, Buffalo, New York 14204 to purchase the above referenced properties. The church is located at 273 High, which is adjacent to 205 and 207 Lemon. They intend to redevelop the properties and use for church parking. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. The Division of Real Estate has investigated the sale of similar lots in the subject area. Sales range from Seventy -Five Cents ($75) to One Dollar and Ten Cents ($1.10), per square foot. First Centennial Missionary Baptist Church has agreed and is prepared to pay Five Thousand Two Hundred Dollars ($5,200.00), Eighty Cents ($.80) per square foot for the subject properties. They have also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 205 and 207 Lemon to First Centennial Missionary Baptist Church in the amount of Five Thousand Two Hundred Dollars ($5,200.00). 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 SIGNATURE OF DEPARTMENT HEAD Mr. Fontana moved: That the above communication from the Office of Strategic Planning dated August 26, 2010, be received and filed; and That the offer from First Centennial Missionary Baptist Church, Ms. Margaret Baskin, 273 High Street, in the sum of Five Thousand and Two Hundred Dollars ($5,200.00) for the purchases of 205 and 207 Lemon, be and they hereby are accepted; and That the transfer taxes, recording fees and cost of legal descriptions shall be paid by the purchaser; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of titles and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES -9 NOES -0 101[67111 STRAT PLAN - REPORT OF SALE -20 ORTON (ELL) 163' NW of Hudson Lot Size: 27'x 127' Assessed Valuation $4,600 The Office of Strategic Planning, Division of Real Estate has received three separate inquiries from adjoining property owners to acquire the above captioned lot. None of the property owners were agreeable to a split of the property. Sealed bid proposals were requested from the three adjoining property owners. The minimum bid for the lot was established at Four Thousand Three Hundred Dollars, ($4,300.00). Two qualified bid proposals were received. One bid from Mr. John Allen of 22 Orton Place in the amount of Five Thousand and Twenty Dollars, ($5,020.00). The second bid proposal in the amount of Eight Thousand Two Hundred and One Dollar, ($8,201.00) was received from Mr. David Bartlett of 334 Hudson Street who owns the two family home at 21 Plymouth which adjoins 20 Orton at the rear property line. The intended use by both bidders is for extra yard space. The Office of Strategic Planning Land Use Planning Committee, Division of Collections and Division of Inspections have been contacted and there are no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by either bidder. I am recommending that your Honorable Body approve the bid of Mr. David Bartlett of 334 Hudson Street in the amount of $8, 201.00 to acquire 20 Orton Place. Mr. Bartlett has also agreed to pay for the cost of the transfer tax and recording fees. 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. Mr. Fontana moved: That the above communication from the Office of Strategic Planning dated September 1, 2010, be received and filed; and That the offer from Mr. David Bartlett, residing at 334 Hudson Street, in the sum of Eight Thousand and Two Hundred and One Dollars ($8,201.00) for the purchase of 20 Orton Place, be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser, and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES -9 NOES -0 NO 17 STRAT PLAN - REPORT OF SALE 19 WISCONSIN (LOV) 185.82' N Walden Lot Size: 10' x 1 00' Assessed Valuation: $1,000.00 The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Edward Martin, Attorney at Law for Mr. Andrew Rusniak, owner of Cuyahoga Apartments, LLC, 63 Colton Avenue, Lackawanna, New York 14218 to purchase 19 Wisconsin. Mr. Rusniak owns a one family house at 21 Wisconsin, which is adjacent to 19 Wisconsin. 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 One Dollar ($1.00) to Two Dollars ($2.00), per square foot. Mr. Rusniak has agreed and is prepared to pay One Thousand Five Hundred Dollars ($1,500.00), One Dollar and Fifty Cents ($1.50) per square foot for the subject property. He has also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 19 Wisconsin Mr. Andrew Rusniak, owner of Cuyahoga Apartments, LLC in the amount of One Thousand Five Hundred Dollars ($1,500.00). 1 am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. JOHN P. HANNON, JR. DIRECTOR OF REAL ESTATE OFFICE OF STRATEGIC PLANNING Mr. Fontana moved: That the above communication from the Office of Strategic Planning dated August 23, 2010, be received and filed; and That the offer from Mr. Edward Martin, Attorney at Law for Mr. Andrew Rusniak, owner of Cuyahoga Apartments, LLC, 63 Colton Avenue, Lackawanna, in the sum of One Thousand and Five Hundred Dollars ($1,500.00) for the purchase of 19 Wisconsin, 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 rifle and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES -9 NOES -0 NO. 18 RESCIND SALE & FORFEIT DEPOSIT 1269 GENESEE TO PASTOR GARY CHANCE (MAS) ITEM # 63, C.C.P. MARCH 17, 2009 In the above referenced item Your Honorable Body approved the sale of 1269 Genesee to Pastor Gary Chance, Peace Power & Faith Ministries International, Inc.,123 -65 147 Street, Jamaica, New York 11436. Pastor Chance agreed to pay Eight Thousand Four Hundred Dollars ($8,400.00), $1.50 per square foot gross building area. Several notices were mailed to Pastor Chance to finalize the sale and close on the transfer of title of 1269 Genesee. Final notice was sent on May 12, 2010 advising Pastor Chance that failure to respond would result in the rescinding of the sale, forfeiture of the Eight Hundred Forty Dollar ($840.00) deposit and return of the property to our inventory for sale. Pastor Chance has not responded to any of our notices. Therefore, I am recommending that your Honorable Body approve rescinding the sale of 1269 Genesee to Pastor Gary Chance, the deposit be forfeited and the property be returned to our inventory for sale. Mr. Fontana moved: That the communication from the Department of Strategic Planning, dated August 23, 2010, be received and filed; and That the Executive Director of Strategic Planning be, and he hereby is authorized to rescind the sale of 1269 Genesee Street, and forfeit the deposit in the amount of Eight Hundred and Forty Dollars ($840.00) and to return the property to inventory for resale. PASSED AYES -9 NOES -0 FROM THE COMPTROLLER NO. 19 COMPENSATION & BENEFITS AUDIT UPDATE ITEM NO 6, 1/5/2010 Attached please find an audit report updating our findings previously filed relating to the Department of Human Resources Division of Compensation and Benefits. Due to the nature of this critical cost center to the City and considering how important this area is to the lives of our employees and retirees, we felt it was necessary to check back to see what efforts were made to improve upon the problems identified in the initial audit. The Mayor was rightfully concerned over what discovered and issued a memorandum to the Department which outlined exactly what needed to be done to correct the issues from the Audit. We used that memorandum as a guide to track the Department's progress. Unfortunately we found that very little has actually been done. Perhaps the most pressing issue to emerge out of our review was the discovery that the City has been paying health insurance for deceased former employees. There are 152 in total that cost the City approximately 1.9 million dollars, we estimate. This could have been largely avoided if the Department purchased the Social Security Index. The Index with monthly updates would cost $34,585 from the United States Department of Commerce's National Technical Information Service. Even without the Purchase, The Division of Audit was able to calculate this finding using free services available on the internet. We urge the Administration to take the necessary steps to recover the lost premiums as soon as possible. At issue is the fact that the crucial integrity of the database utilized by the Division of Compensation and Benefits for the Purpose of determining proper health care coverage for employees and retirees is in serious doubt, as evidenced by the points made in this follow up audit. A properly trained and qualified staff is required, along with a review of its mission. The addition of a Senior Accountant and a new Director may not be enough to effectuate the level of change necessary. There must be renewed sense of urgency to address the outstanding issues and systematic problems that plague this Department to prevent the risk of continued financial losses to the City. If you have any further questions on this matter, please feel free to contact the Department of Audit and Control. REFERRED TO THE COMMITTEE ON FINANCE NO. 20 INTERFUND CASH LOAN Certain Federal and State aided programs require a cash advance until the program is operating and reimbursement is received. I have reviewed the program listed below and determined the cash needs to be warranted. I have approved an interfund cash Loan to be made in the maximum amount of $550,000 as ne6ded subject to your approval. Loan is payable at date of reimbursement. FROM:1000- General Fund TO:3189 - Safe Routes to School GRANT TITLE: Safe Routes to School Project GRANT AGENCY:New York State Department of Transportation GRANT AMOUNT:$550,000.00 LOAN AMOUNT:Maximum of $550,000.00 Estimated Date of Repayment: June 30, 2011 Mr. Fontana moved: That the above communication from the Comptroller dated August 16, 2010, be received and filed; and That the Comptroller be, and he hereby is authorized to make an interfund cash loan from the General Fund to 3189 - Safe Routes to School in the amount of $550,000.00 for Safe Routes to School Project. The loan is payable at date of reimbursement. PASSED AYES -9 NOES -0 NO. 21 CERTIFICATE OF APPOINTMENT Appointment Effective: in the Department of Audit and Control, Division of Accounting to the Position of Senior Accountant, Permanent at the Intermediate starting salary of $45,724.00 Richard Fanton, 193 W. Woodside Ave, Buffalo, NY 14220 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE PRESIDENT OF THE COUNCIL NO. 22 APPOINT MEMBER OF THE JOINT SCHOOLS CONSTRUCTION BOARD (SMITH) Please be advised that pursuant to the Rules of the Common Council, I am appointing Demone A. Smith, Masten District Council Member, to the Joint Schools Construction Board. He will be replacing Council Member Bonnie E. Russell. The appointment is effective immediately. Respectfully submitted, David A. Franczyk Council President RECEIVED AND FILED FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO. 23 NOTIFICATION SERIAL # 10568 INSTALL STOP SIGNS IN FOREST AVENUE AT LINCOLN PARKWAY, EAST DRIVE (DELAWARE DISTRICT) STOP SIGNS (ALL -WAY) - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 9 Section 11 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: STOP SIGNS VEHICLES ON SHALL STOP BEFOR ENTERRING Forest Avenue Lincoln Parkway, east drive This action is being taken in order to improve safety at a high pedestrian volume intersection. NOTIFICATION SERIAL # 10569 INSTAI1 STOP SIGNS IN FOREST AVENUE AT LINCOLN PARKWAY, WEST DRIVE (NORTH DISTRICT) STOP SIGNS (ALL -WAY) - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 9 Section 11 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: STOP SIGNS VEHCILES ON SHALL STOP BEFORE ENTERING Forest Avenue Lincoln Parkway, west drive This action is being taken in order to improve safety at a high pedestrian volume intersection. WAIVE 45 DAYS RECEIVED AND FILED NO. 24 326 AMHERST STREET; ENCROACHMENTS Mr. Duane Hall, owner of the Sportman Tavern, located at 326 Amherst Street has requested to encroach city right of way at said address. The encroachments would include an extended curb or curb bump out of 7 feet into the pavement area, a second floor wooden deck extending over the public sidewalk, and support posts (6) to accommodate said wooden deck. The Department of Public Works, Parks and Streets, has reviewed this request in accordance with Chapter 413 -67 (Encroachment Regulations) of the City Charter and has no objection to said encroachments provided the applicant enter into a Revocable License Agreement approved by the Corporation Counsel office. Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated September 1, 2010, be received and filed; and That pursuant to Chapter 413 -67 (Encroachment Regulations) the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue a "Mere License" to Mr. Duane Hall, owner of Sportman Tavern, located at 326 Amherst, to include an extended curb or curb bump out of 7 feet into the pavement area, a second floor wooden deck extending over the public sidewalk, and support posts (6) to accommodate said wooden deck, which would encroach city right -of -way at said address, subject to the conditions imposed by the Commissioner. PASSED AYES -9 NOES -0 NO. 25 CHANGE IN CONTRACT BAILEY KENSINGTON FIRE STATION CONSTRUCTION JOB #0810 UNIVERSITY DISTRICT Available for review in the City Clerk's Office Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated August 27, 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. 3, to Christa Construction, an increase in the amount of $13,95500, as more fully described in the above communication, for work relating to Job #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. 26 CHANGE IN CONTRACT #93000557 REPAIR OF STREETLIGHT FOUNDATIONS AND KNOCKDOWNS CITYWIDE VIII GROUP #705 SOUTH BUFFALO ELECTRIC, INC. ITEM #16 OF CCP 1/19/10 1 hereby submit to Your Honorable Body the following change order for the above named project. South Buffalo Electric, Inc. is the company hired to replace street light standards knocked down by vehicles. They also perform a variety of other street lighting work as needed. This increase is necessary for the continuation of replacing knocked down street light standards throughout the remainder of the year pending a new contract. The proposed change order represents a 25% increase to the original contract amount. I respectfully certify that this increase to the unit prices approved by the Common Council on 1/19/10 Item #65 is fair and equitable for the work involved, and respectfully request that Your Honorable Body approve this change order and authorize the Commissioner of Public Works, Parks & Streets to issue said 25% increase to contract #93000557. The funds are available in Capital Projects account 30032106 - 445100. Original Contract! $138,715.50 Increase in Contract: $34,678.88 Total Contract to Date $173,394.38/ Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated August 26, 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 South Buffalo Electric, Inc., an increase in the amount of $34,678.88, as more fully described in the above communication, for work relating to Repair of Streetlight Foundations and Knockdowns Citywide VIII, Group #705, C #93000557. Funds for this project are available in Capital Projects account 30032106- 445100. PASSED AYES -9 NOES -0 NO. 27 CHANGE IN CONTRACT CONTRACT #93000264, SCHNECK TREE REMOVAL CITYWIDE I hereby submit to Your Honorable Body the following change order for emergency tree removals citywide: Original Contract Amount $444,866.40 Previous Change Orders $ 0 This Change Order $ 80.810.70 Total Contract $525,677.10 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 and Streets to issue said change order to Sehneck Tree Removal for $49,810.70. Funds for this work are available in Capital Account(s) 38400206, 39311306, 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 September 7, 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 Schneck Tree Removal, an increase in the amount of $49,810.70, as more fully described in the above communication, for work relating to emergency tree removals citywide, Contract #93000264. Funds for this project are available in Capital Account(s) 38400206, 39311306, and account(s) to be named at a later date. PASSED AYES -9 NOES -0 NO. 28 EMERGENCY CONTRACT FOR SECURITY OF CITY POOLS This is to inform Your Honorable Body that an emergency contract for Security of City Pools was obtained. Several companies were contacted of which Executive Investigations was the lowest bidder. REFERRED TO THE COMMITTEE ON FINANCE NO. 29 NORTH BUFFALO PROJECT PIN #5757.82 INFORMATIONAL UPDATE NORTH AND DELAWARE DISTRICTS ITEM #18 OF SEPTEMBER 2 2008 On September 2ha, 2008, Your Honorable Body approved Item #18 which authorized the Mayor to enter into all necessary agreements to administer, design, bid and construct the North Buffalo Paving Project. This project includes: Grant Street from Forest Ave. to Rockwell Rd.; Amherst St. from Lincoln Parkway to Parkside Ave.; and Hertel Avenue from Delaware Ave. to Elmwood Ave.. At that time, Federal, State and Stimulus funds were granted for this project. This is to inform your Honorable Body that as of August 10, 2010 an additional One Hundred and Sixty thousand dollars ($160,000.00) of ARRA (American Recovery and Reinvestment Act) funding has been approved for this project. This additional ARRA funding is 100% reimbersable to the city by the federal government. This will allow the City to continue and complete this project. RECEIVED AND FILED NO. 30 PERMISSION TO ENGAGE SERVICES OF CONSULTING ENGINEER TO UPDATE THE HYDRAULIC MODEL FOR THE WATER SYSTEM I respectfully request that Your Honorable Body authorize the Department of Public Works, Parks and Streets to grant permission to hire Nussbaumer & Clarke, Inc. to update the existing Water CAD hydraulic model for the water distribution system. The existing water transmission hydraulic needs to be updated and recalibrated given changes in pumping, availability of metered consumption data, completion of pertinent capital projects, integration with the existing SCADA (Supervisory Control and Data Acquisition) and back -up power capability, potential emergency interconnection capability, and water quality optimization. The information for the new high service pumping equipment at the Colonel Ward and Mass. Avenue pump stations and the new pumping equipment for the Low Lift pump Station and their impacts on the distribution system needs to be incorporating into the model as well. This is a critical tool for the Division of Water for pump and system operations as well as security of the distribution system. The costs for consulting services are estimated not to exceed $125,000.00. The funds ere available in a Division of Water account 53220736 445100. Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated August 31, 2010 be received and filed; and That the Commissioner of Public Works, Parks & Streets be, and he hereby is granted permission to hire Nussbaumer & Clarke, Inc. to update the existing Water CAD hydraulic model for the water distribution system. Costs for consulting services are estimated not to exceed $125,000.00 and the funds are available in a Division of Water account 53220736 445100. PASSED AYES -9 NOES -0 NO. 31 CHERRY STREET AND BFNC SERVICE ROAD IMPROVEMENT PROJECT - PIN 5512.46 ELLICOTT DISTRICT Permission is requested from Your Honorable Body to authorizing the Mayor to enter into all necessary betterment agreements with the New York State Department of Transportation ( NYSDOT) for improvements to Cherry Street and BFNC Drive between Michigan Avenue and Jefferson Avenue. This agreement, will allow NYSDOT to administer the construction phase of the project as betterment work to their ongoing landscape and retaining wall improvements on Route 33. In addition, permission is requested for which City deposit with State Comptroller in a special escrow account the full amount of the estimate for the cost of betterment works for payments on the project costs. The State Comptroller will reimburse the City of any excesses amount of deposit after project closeout. City will be responsible for maintenance of the betterment work area upon project completion. Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated September 1, 2010 be received and filed; and That the Mayor be and he hereby is authorized to enter into all necessary betterment agreements with the New York State Department of Transportation for improvements to Cherry Street and BFNC Drive between Michigan and Jefferson Avenues. Permission is also granted for the City to deposit with the State Comptroller in a special escrow account the full amount of the estimate for the cost of betterment works for payments on the project costs. PASSED AYES -9 NOES -0 NO. 32 PERMISSION TO EXTEND CONTRACT FOR CAZENOVIA ICE RINK I respectfully request from Your Honorable Body to authorize the Department of Public Works, Parks & Streets to grant permission for the extension of the contract between the City of Buffalo and the South Buffalo Community Association for the Cazenovia Ice Rink. Since the Parks Agreement between Erie County and the City was dissolved on January 1, 2010, the Cazenovia Ice Rink contract for Management Agreement has been operating on a month -to -month basis. This requested extension is necessary to insure service through this hockey season for Citizens of Buffalo at Cazenovia Ice Rink. A RFP/ process for a long -term contract between the City of Buffalo and Cazenovia Ice Rink will take place as soon as possible. Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated September 2, 2010, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is 8ranted permission to extend the contract between the City and the South Buffalo Community Association for the Cazenovia Ice Rink on a month -to -month basis until a RFP process for a long- term contract has been negotiated and to report back to the Common Council for approval. PASSED AYES -9 NOES -0 NO. 33 REPORT OF BIDS BUFFALO NIAGARA MEDICAL CAMPUS ELLICOTT GATEWAY PROJECT - PHASE 1 PIN #5757.47 ELLICOTT DISTRICT This is to advise Your Honorable Body that I have advertised and received bids on August 4, 2010 The lowest three bids received were: Contractor Base Bid Total bid Price Ma O' Trees, Inc. $1,833,000.00 $1,924,650.00 1500 Union Road West Seneca, NY 14224 Mark Cerrone, Inc. $2,069,069.00 $2,172,522.45 2368 Maryland Avenue Niagara Falls, NY 14305 Scott LawnYard, Inc.$2,428,051.00 $2,549,453.55 1417 Alleghany Rd. Attica, NY 14011 1 hereby certify that the lowest responsible bidder for the above project is Man O' Trees, Inc. and I respectfully recommend that Your Honorable Body authorize a contract award to Man O' Trees, Inc. in the amount of $1,924,650.00. (Base Bid of $1,833,000.00 + [5% unit price increases] $91,650.00 equals [Total Award] $1,924,650.00). The engineer's estimate for this work is $3,314,605.00. This project is a 90% reimbursed Federal Transit Aid Highway Project and funds for this project will be available in a future Capital Account. Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated August 31, 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 Buffalo Niagara Medical Campus, Ellicott Gateway Project, Phase 1, PIN #5757.47, to Man O' Trees, Inc., the lowest responsible bidder, in the amount of $1,924,650.00 (Base Bid of $1,833,000.00 + [5% unit price increases] $91,650.00 equals [Total Award] $1,924,650.00. Funds for the project are a 90% reimbursed Federal Aid Highway Project and are available in Capital Account. PASSED AYES -9 NOES -0 NO. 34 REPORTS OF BIDS D.A.R.DRIVE ROAD RECONSTRUCTION PROJECT 2010 GROUP #715 In obtaining these bids for the above mentioned project, I have asked for unit price covering the various items of work and material which will be performed. The final cost of the work will be based on the actual measured quantities of materials entering into the work and may be either more or less than the total bid. The following bids were received: Base Bid Unit Price Increase Destro & Brothers Concrete Co., Inc. $969,670.00 $1,066,637 411 Ludington Street, Buffalo, NY 14206 DiPizio Construction Co., Inc. $1,513,295.00 $1,664,624.50 100 Stradman Street, Cheektowaga, NY 14227 Visone Construction, Inc. $1,057,532.00 $Bid not accepted 79 Sheldon Avenue, Depew, NY 14043 1 hereby certify that the low bidder for the above project is Destro & Brothers Concrete Co., Inc. I respectfully recommend that your Honorable Body authorize a contract award in the amount of $1,066,637 ($969,670.00 + $96,967.00 unit price increase = $1,066,637.00. Funds for this work are available in account(s) to be named at a later date. The engineer's estimate for this work is $1,038,970.00. The attached is certified to be a true and correct statement of the bid received. Under provisions of the General Municipal Law, any of the bidders may withdraw his bid if an award of the contract is not made by August 15 cb. 2010. Individual bid submissions are available in our office for inspection and copies are available upon request. Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated July 1, 2010, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to award a contract for D.A.R. Drive Road Reconstruction Project 2010, Group #715, to Destro & Brothers Concrete Co., Inc., the lowest responsible bidder, in the amount of $1,066,637.00 ($969,670.00 + $96,967.00 unit price increase = $1,066,637.00). Funds for the project are available in account(s) to be named at a later date. PASSED AYES -9 NOES -0 NO. 35 REPORT OF BIDS V DISTRICT POLICE STATION HVAC MODIFICATIONS JOB #1034 NORTH DISTRICT I advertised for on August 3, 2010 and received the following formal sealed bids for the 'D' District Police Station, HVAC Modifications, which were publicly opened and read on August 26, 2010. Greater Niagara Mechanical $51,400.00 7311 Ward Rd., Tonawanda, NY John W. Danforth Co. $67,600.00 300 Colvin Woods, Tonawanda, NY No other bids received. 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 Fifty One Thousand Four Hundred and 00/100 ($51,400.00), is the low bidder in accordance with the plans and specifications. I recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to order the work on the basis of the low bid. Funds for this project are available in 31310906 445100 - Buildings. Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated August 27, 2010, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized 1 o award a contract for "D" District Police Station, HVAC Modifications, Job #103.4; to Greater Niagara Mechanical, the lowest responsible bidder, in the amount of $51,400.00. Funds for the project are available in 31310906 445100 - Buildings. PASSED AYES -9 NOES -0 NO. 36 REPORT OF BIDS HISTORICAL SOCIETY AIR CONDITIONING - PHASE 1 JOB #1023 NORTH DISTRICT ITEM NO. 24, CCP 06/22/10 1 advertised for on May 14, 2010, and received the following formal sealed bids for the Historical Society, Air Conditioning, Phase 1, which were publicly opened and read on June 15, 2010. Base Bid + Alt #1 + Alt #2 Hoot Mechanical & Electrical $54,500 $ 7,200 $ 9,000 54 Bridlewood, Lockport, NY Greater Niagara Mechanical $74,300 $10,600 $13,400 7311 Ward, N Tonawanda, NY John W. Danforth Co. $79,295 $10,200 $11,965 Alternate #1: Provide & install (1) one ton terminal unit and (1) % ton terminal unit. Alternate #2: Provide & install (2) two ton terminal units including all wiring and piping. I hereby certify that the foregoing is a true and correct statement of all bids received and that Hoot Mechanical, with a Base Bid of $54,500, add Alt. #1 for $7,200, add Alt. #2 for $9,000, for a total bid price of Seventy Thousand Seven Hundred and 00/100 Dollars ($70,700.00) is the lowest responsible bidder in accordance with the plans and specifications. I recommend that Your Honorable Body authorize the Commissioner of Public Parks, Parks & Streets to order on the basis of the lowest responsible bid. Funding for this project was approved for 32320106 445100. Funding is being changed to 32320306 445100 - Buildings. This project is for electrical improvements including rewiring of the entire lower portion for new heating and ventilation system per original scope of work for energy efficiency, building safety and potential expansion. Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated August 31, 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 Historical Society, Air Conditioning, Phase 1, to Hoot Mechanical & Electrical, the lowest responsible bidder, in the amount of a Base Bid of $54,500.00 add Alt. #1 for $7,200, add Alt. #2 for $9,000 for a bid price of $70,700.00. Funding for the project are being changed to 32320306 445100 - Buildings. PASSED AYES -9 NOES -0 NO. 37 REPORT OF BIDS SAFE ROUTES TO SCHOOL PIN #5758.95 This is to advise Your Honorable Body that I have advertised and received bids on July 28, 2010 The two bids received were: Contractor Base Bid Total Bid Price South Buffalo Electric $430,355.36 $451,873.13 1250 Broadway St. Buffalo, New York Destro & Brothers Concrete Co., Inc. $449,075.00 $471,528.75 411 Ludington Buffalo, New York 14206 1 hereby certify that the lowest responsible bidder for the above project is South Buffalo Electric and I respectfully recommend that Your Honorable Body authorize a contract award to South Buffalo Electric in the amount of $451,873.13. (Base Bid Of$430,355.36 + [5% unit price increases] $21,517.77equals [Total Award] $451,873.13). The engineer's estimate for this work is $410,000.00. This project is a Federal Aid Highway project and is 100 % reimbursable project, funds of which are available in our Capital Accounts #31981306 - 445100 -10418 and 31981306 - 445100. Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated August 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 Safe Routes to School, PIN #5758.95, to South Buffalo Electric, the lowest responsible bidder, in the amount of $451,873.13 (Base Bid of $430,355.36 + [5% unit price increases] $21,517.77 equals [Total Award] $451,873.13. Funds for the project are available in Capital Accounts #31981306 - 445100 -10418 and 31981306 - 445100. PASSED AYES -9 NOES -0 NO. 38 REPORT OF BIDS FOR WATER DISTRIBUTION SYSTEM IMPROVEMENTS VARIOUS LOCATIONS #1 -PHASE 2 -NORTH BUFFALO This is to advise your Honorable Body that I have advertised for and received bids on, Monday August 9 2010 for Water Distribution System Improvements - Various Locations #1 -Phase 2 -North Buffalo. Total base bid is 1,534,215.00. The following bids received: 1. Visone Construction Inc. 79 Sheldon Ave. Depew, N.Y. 14043 2. Yarussi Construction Inc. 1128 Jamison Road Elma, N.Y. 14059 3. Kendey Company Inc. 19 Ransier Dr. West Seneca, N.Y. 14224 Engineers' estimate: $ 1,768,000.00 1 hereby certify that the lowest responsible bidder is Visone Construction, Inc. Also, I respectfully recommend that your Honorable Body authorize a contract award in the amount $ 1,534,215.00. Plus 10% Contingency of $153,421.50 for a Total Contract Amount of $1,687,636.50. The funds are available in a Division of Water account #53220736- 445100. Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated August 27, 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 Water Distribution System Improvements Various Locations #1 - Phase 2 - North Buffalo, to Visone Construction, Inc., the lowest responsible bidder, in the amount of $1,534,215.00 plus 105 contingency of $153,421.50 for a Total Contract Amount or $1,687,636.50. Funds for the project are available in a Division of Water account #53220736- 445100. PASSED AYES -9 NOES -0 NO. 39 REQUEST TO PURCHASE EQUIPMENT ReBody (8) Single Axle Dump Trucks with Patrol wings from Contract # 7471 @ $ 42,324.00 ea. $338,592.00 Funds for 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 19, 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 trucks in the amount of $338,592.00. Funds for the project are available in 15050007- 47410C PASSED AYES -9 NOES -0 NO. 40 REQUEST TO PURCHASE EQUIPMENT Purchase (3) Viking 10' Reversible Plows @ 6963.00 ea. $20,889.00 Total $20,889.00 Under contract # 7386 Funds will be taken out of 15050007 - 474100 Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated July 26, 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 plows in the amount of $20,889.00. Funds for the project are available in 15050007 - 474100. PASSED AYES -9 NOES -0 NO. 41 REQUEST TO PURCHASE EQUIPMENT Purchase (6) salt spreader bodies for the streets dept to replace damage ones. From new bid $ 7475 from Flink co. 3 - 16' units @ $14,386.00 ea 43,158.00 3 - 18' units @ $15,803.00 ea 47,40900 TOTAL $ 90,567.00 Funds for this purchase will come out of: 15050007 - 474100 Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated August 30, 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 salt spreader bodies in the amount of $90,567.00. Funds for the project are available in 15050007- 474100. PASSED AYES -9 NOES -0 NO. 42 REQUEST TO PURCHASE VEHICLE & EQUIPMENT 1) Purchase (2) Vacuum Sweepers for Streets Dept. New Bid $350.000 Funds for these will come out of the following account: 15050007 - 474200 Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated August 30, 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 Vacuum Sweepers in the amount of $350,000.00. Funds for the project are available in 15050007 - 474200. PASSED AYES -9 NOES -0 NO. 43 CERTIFICATE OF APPOINTMENT Appointment Effective 7/26/2010 in the Department of Public Works, Parks and Streets, Division of Parks to the Position of Director of Parks and Recreation, Provisional Appointment at the Flat Starting Salary of $66,092.00 Thomas M. Smith, 480 Woodside Avenue, Buffalo, NY 14214 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 44 CERTIFICATE OF APPOINTMENT Appointment Effective 7/26/2010 in the Department of Public Works, Parks and Streets, to the Position of Exterminator, Permanent at the Maximum Salary of $36,119.00 David P. Vango, 225 Hartwell Road, Buffalo, NY 14216 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF POLICE NO. 46 DONATION OF VEHICLE THE DEPARTMENT OF POLICE IS REQUESTING PERMISSION TO ACCEPT A DONATION OF ONE (1) 2005 CHEW PICK UP TRUCK FROM NATIONAL FUEL GAS. THERE IS NO COST TO THE CITY FOR THIS DONATION. THE VEHICLE WILL BE ASSIGNED TOTHE UNDERWATER RECOVERY TEAM TO MOVE ITS EQUIPMENT AROUND, AND WILL NOT BE A TAKE HOME VEHICLE. UPON YOUR APPROVAL THE PURCHASE DEPARTMENT WILL OVERSEE ALL NECESSARY PAPERWORK. YOUR FAVORABLE APPROVAL OF THIS DONATION IS APPRECIATED. Mr. Fontana moved: That the above communication from the Commissioner of Police dated July 28, 2010, be received and filed; and That the Commissioner of Police be, and he hereby is authorized to accept the donation of a 2005 Chevy pick -up truck from National Fuel, is approved contingent on, that concurrent with it's use, there be no increase in the number designated as authorized for take -home use, there be no increase in the number designated as marked and unmarked in accordance with Chapter 53 of the City Code and the exceptions thereto granted by this Common Council, and that the vehicle be marked with appropriate Police vehicle identification upon receipt thereof. PASSED AYES -9 NOES -0 NO. 46 DRUG ASSET FORFEITURE WIRE TRANSFERS ITEM NO. 104, C.C.P. 2/2/88 Item available for review in the City Clerk's Office RECEIVED AND FILED NO. 47 CERTIFICATE OF APPOINTMENT Appointment effective July 20, 2010 in the Department of Police, to the Position of Police Commissioner, Exempt at the flat Starting Salary of $116,989.00 Daniel Derenda, 12 Dover Street, Buffalo, NY 14212 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF FIRE NO. 48 APPROVAL TO ACCEPT KFC DONATION We are requesting Council approval to accept $ 2500,00 in funding from KFC. As part of the agreement we will attach "KFC" and "fiery grilled wings logo's" to fire extinguishers when purchased, REFERRED TO THE COMMITTEE ON FINANCE FROM THE CORPORATION COUNSEL NO. 49 CERTIFICATE OF APPOINTMENT Appointment effective July 1, 2010 in the Department of Law to the position of Legal Secretary, Permanent, Open Competitive at the Maximum Salary of $40,337.00 Linda Ganci, 46 Pavonia, Buffalo, NY 14207 REFERRED TO THE COMMITTEE ON CIVIL SERVICE y :IQ Vi1119. 1 ZKKS]LVihVi11.1-111*] 0 1 14:ZO] a x907 0 1 [*LVAI lei =kTl4116] :2LVi14 0 &1 0 1 14:2 4 NLVi111 f @1 INSPECTION SERVICES NO 60 FOOD STORE (NEW) 472 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 472 Grant (GRANT INTERNATIONAL MARKET PLACE STORE /OMAR MOHAMED /FARAH HARED) 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 Permit and Inspections Services dated September 1, 2010, be received and filed; and That pursuant to Chapter 194 of the City Code, the Commissioner of Permit and Inspections Services be, and he hereby is authorized to grant a Food Store License to Omar Mohamed and Farah Hared, located at 472 Grant Street, d /b /a Grant International Market Place Store. PASSED AYES -9 NOES -0 NO 61 FOOD STORE (NEW) 1233 NIAGARA (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 1233 Niagara (OCEAN GARDEN ORIENTAL FOODS INC. /DAWKHIN WAI) 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 Permit and Inspections Services dated September 1, 2010, be received and filed; and That pursuant to Chapter 194 of the City Code, the Commissioner of Permit and Inspections Services be, and he hereby is authorized to grant a Food Store License to Dawkhin Wai, located at 1233 Niagara Street, dib /a Ocean Garden Oriental Foods Inc. PASSED AYES - 9 NOES — 0 NO 62 FOOD STORE (NEW) 136 NORTH DIVISION (ELL) Pursuant to Chapter 194 of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 136 North Division (WILSON FARMS /Daniel Shanabau) 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 or whatever action you deem appropriate. 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 Permit and Inspection Services dated September 1, 2010, be received and filed; and That pursuant to Chapter 194 of the City Code, the Commissioner of Permit and Inspection Services be, and he hereby is authorized to grant a Food Store License to Daniel Shanahan, located at 136 North Division, d /b /a Wilson Farms. PASSED AYES -9 NOES -0 NO 63 RESTAURANT DANCE LICENSE (RENEWAL) 633 AMHERST STREET Pursuant to Chapter 150 of the City of Buffalo Ordinances, please be advised that I have caused an investigation into the premises located at 533 Amherst Street for which said renewal application for a Restaurant Dance Class III license is being sought by Niagara Frontier Post #1041. and according to the attached reports from the Fire Department, Police Department and Building Inspections, I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Mr. Fontana moved: That the above communication from the Department of Permit and Inspections Services, dated August 10, 2010, be received and filed; and That pursuant to Chapter 150 of the City Code, the Commissioner of Permit and Inspections Services be, and he hereby is authorized to renew a Restaurant Dancing Class HI License to Niagara Frontier Post #1041 located at 533 Amherst Street. PASSED AYES -9 NOES -0 NO 64 RESTAURANT DANCE LICENSE (RENEWAL) 2192 NIAGARA STREET (NORTH) Pursuant to Chapter 150 of the City of Buffalo Ordinances, please be advised that I have caused an investigation into the premises located at 2192 Niagara Street for which said renewal application for a Restaurant Dance Class III license is being sought by James Williams @ Harry's Harbour Place Grill and according to the attached reports from the Fire Department, Police Department and Building Inspection 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 Permit and Inspections Services, dated August 20, 2010, be received and filed; and That pursuant to Chapter 150 of the City Code, the Commissioner of Permit and Inspections Services be, and he hereby is authorized to renew a Restaurant Dancing Class HI License to James Williams, located at 2192 Niagara Street, d /b /a Harry's Harbour Place Grille. PASSED AYES - 9 NOES — 0 NO 66 766 ELMWOOD AVENUE NEW OWNER (DEL) Pursuant to Chapter 150 of the City of Buffalo Ordinance please be advised that I have examined the attached application for a Sidewalk Cafe License located at 765 Elmwood Avenue and find that as to form is correct. This Sidewalk Cafe had been previously approved by the Common Council. I find it complies with all regulations and other applicable laws. The attached application is thereto for Blue Fin Asian Bistro. This request is submitted for your approval or whatever action you deem appropriate. Mr. Fontana moved: That the above communication from the Department of Permit and Inspections Services dated August 13, 2010, be received and flied; and That pursuant to Chapter 150 of the City Code, the Commissioner of Permit and Inspections Services be, and he hereby is authorized to issue a 'Mere License" to Chen Ben Shun, d /b /a Blue Fin Asian Bistro, located at 765 Elmwood Avenue, to install a 26' x 8'sidewalk cafe with wrought iron railings, which would encroach city right -of -way at said address, subject to the conditions imposed by the Commissioner. PASSED AYES -9 NOES -0 NO 56 SIDEWALK CAFE 1009 ELMWOOD AVENUE NEW OWNER Pursuant to Chapter 150 of the City of Buffalo Ordinance please be advised that I have examined the attached application for a Sidewalk Cafe License located at 1009 Elmwood Avenue and find that as to form is correct. This Sidewalk Cafe had been previously approved by the Common Council. I find it complies with all regulations and other applicable laws. The attached application is thereto for New Elmwood Avenue Pizza and Subs. This request is submitted for your approval or whatever action you deem appropriate. Mr. Fontana moved: That the above communication from the Department of Permit and Inspections Services dated August 24, 2010, be received and filed; and That pursuant to Chapter 150 of the City Code, the Commissioner of Permit and Inspections Services be, and he hereby is authorized to issue a "Mere License" to Ron Eason, db /a New Elmwood Avenue Pizza and Subs, located at 1009 Elmwood Avenue, to install a 8' x 20 sidewalk cafe with wrought iron railings, which would encroach city fight -of -way at said address, subject to the conditions imposed by the Commissioner. PASSED AYES -9 NOES -0 NO 57 USED CAR DEALER 407 SOUTH PARK (FILLMORE) Pursuant to Chapter 254 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Used Car Dealer License located at 407 South Park and find that as to form is correct. I have caused an investigation into the premises for which said application for a used car dealer license is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspections; I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of Abdulhafed Khulaqi & Okbah Alyafai. The attached thereto for Abdulhafed Khulaqi & Okbah Alyafai dba /Mid City Auto. This request is submitted for your approval or whatever action you deem appropriate. Mr. Fontana moved: That the above communication from the Department of Permit and Inspections Services dated August 13, 2010, be received and filed; and That pursuant to Chapter 254 of the City Code, the Commissioner of Permit and Inspections Services be, and he hereby is authorized to grant a Used Car Dealer license to Abdulhafed Khulaqi & Okbah Alyafai located at 407 South Park, d /b /a Mid City Auto on the condition that no more than five (5) vehicles be displayed on premises at any one time. REFERRED TO THE COMMITTEE ON LEGISLATION NO 58 SALARY ORDINANCE AMENDMENT — DATA CONTROL CLERK Dear 1 sc Deputy Mayor Casey: We would like to request a salary ordinance amendment to facilitate the creation of one Data Control Clerk title and the removal of one License Inspector title in the 2010 -11 budget for the Department of Permit and Inspection Services. The License Inspector is funded at $40,628 (step 1). Step 1 starting salary for Data Control Clerk is $33,303. This amendment will produce an annual savings of $7,325. Holly McNamara is a BURA employee assigned to our department. She is the support staff for the mechanical inspections unit, new construction office and in part, multiple dwellings unit. The duties she is performing in her BURA title, according to the HUD audit, do not qualify for block grant funding. She is reachable on the eligible list for Data Control Clerk and we would like to create this title so that we may keep her in place, when the time comes to eliminate her BURA title. Thank you for your consideration. Please call me if you have any questions. Sincerely, James Comerford Jr., Commissioner DPIS REFERRED TO THE COMMITTEE ON FINANCE FROM THE COMMISSIONER OF ADMINISTRATION, FINANCE, POLICY & URBAN AFFAIRS NO 59 SALE OF SCRAP METAL THE DIVISION OF PURCHASE SENT OUT BIDS FOR THE SALE OF IT'S SCRAP METALS, FERROUS AND NONFERROUS, ALL PRICES RECEIVED ARE TO BE BASED ON THE AMERICAN METAL MARKET, PUBLISHED THE 10 BUSINESS DAY OF EACH MONTH. THE CONTRACT PERIOD FOR THE SALE OF OUR SCRAP METALS WILL BE FROM JULY 1,2010 TO JUNE 30, 2011. THIS AGREEMENT MAY BE RENEWED FOR TWO (2) ADDITIONAL ONE (1) YEAR PERIODS, IF AGREEABLE TO BOTH PARTIES. FERROUS METAL (METALS CONTAINNG IRON): BASED ON THE ABOVE FORMULA MAX BROCK WILL GIVE US THE HIGHEST PRICE. NON FERROUS METAL (ALLOYS THAT DO NOT CONTAIN ANY APPRECIABLE AMOUNT OF IRON): BASED ON THE ABOVE FORMULA ED ARNOLD WILL GIVE US THE HIGHEST PRICE. Mr. Fontana moved: That the above communication from the Director of Purchase dated July 21, 2010, be received and filed, and That the Director of Purchase be and she hereby is authorized to award a contract to Max Brock, the highest responsible bidder, for the sale of scrap metal of ferrous metals and to Ed Arnold for the sale of non - ferrous metals. PASSED AYES -9 NOES -0 FROM THE COMMISSIONER OF PARKING NO 60 APPOINT COMMISSIONER OF PARKING (EXEMPT)(HELFER) CERTIFICATE OF APPOINTMENT Appointment effective July 20, 2010 in the Department of Parking to the Position of Commissioner, Exempt, Flat Starting Salary of $95,000. Kevin J. Helfer, 71 Radcliffe Road, Buffalo 14214 RECEIVED AND FILED FROM THE COMMISSIONER OF HUMAN RESOURCES NO 61 RESPONSE - COMPTROLLERS AUDIT UPDATE To: Members of the Common Council From: Karla L. Thomas, Commissioner of Human Resources Introduction The following is provided in response to the City Auditor's report of August 2010. The issues documented reflect the problems identified in the audit and the subsequent corrective actions I took to streamline, implement procedures and raise the functionality of the Compensation and Benefits Division to a level of efficient performance and operation. Purchase of the Social Security Death Master File (SSDMF) WHAT HAPPENED In January, 2010, the Comptroller's office released an audit of the Compensation and Benefits Division that highlighted several system inefficiencies. As a result of this report, Mayor Brown issued a memo outlining specific actions to be taken to rectify or address the indicated deficiencies. Purchase of the Social Security Death Master File was one of those directives. On Tuesday, January 12, 2010, 1 met with my staff to discuss the Mayor's memo. I directed the Director of Compensation and Benefits, Tracy Healy to seek out, identify and purchase the Social Security Death Master File. The objective was to expediently address the issue of expending dollars for health insurance premiums for deceased employees and /or their families. The discussion centered on the steps necessary to obtain the Death Master File. The Director of Compensation and Benefits left this meeting with a complete understanding of the urgency of the purchase. She was directed to inform this me of her progress and if she needed assistance anything to expedite the purchase. On Tuesday, February 23, 2010, March 9 and March 30, updates were given to me by the Director of Compensation and Benefits regarding the progress in purchasing the Death Master File. After the third request, the Director advised me that there was more to it than just buying it and shared her concerns. I advised the Director there was no acceptable reason given only the promises to get it done. I directed for the final time to get this done. In a memo addressed to me dated March 30, 2010, the Director of Compensation and Benefits gave a written update on the Social Security Death Master File purchase stating she was "Processing the Death Master purchase ". On April 26, 2010, the Director of Compensation and Benefits resigned from her exempt position requesting to return to her previous position of Manager of Compensation and Benefits. I accepted her resignation, however in exercising her bumping rights, it was discovered the Manager of Compensation and Benefits position had been eliminated from the budget in 2007 -2008 budget year. While Director Healy had resigned from her position, she continued performing the duties of Director until June 3, 2010, when she was downgraded to a Compensation and Benefits Specialist according to Civil Service procedures. In hindsight, I recognize that upon Director Healy's resignation, an exit memo should have been submitted to assess the Division's progress. On Friday, August 13, 2010, 1 learned by way of an updated audit from the Comptroller's office that insurance premiums for an alleged 152 deceased retirees had been paid to HealthNow, totaling an estimated $1,998,000. The Audit further revealed that the Social Security Death Master Service had in fact never been purchased. WHAT'S BEEN DONE On Friday August 13, 2010 1 requested that MIS assist in the purchase of the Social Security Death Master File. it was purchased on this date, giving the City of Buffalo the ability to conduct 100,000 queries of social security numbers for living status on an as needed basis. I then requested the MIS Department to conduct a data base comparison run. One hundred and eighty four names were found to appear on both the City of Buffalo retiree health insurance data base and the Death Master. While some of those retiree deaths went back as far as 1998, the majority of the deceased employees were between 2008 and 2010. No insurance premiums were paid for ten of the 184 employees on the list. In -lieu checks were generated for four deceased employees. Two of them were cashed. We will be working with the office of Corporation Counsel to recoup the money for the in- lieu's. The Death Master was then forwarded to the City's broker (Brown and Brown) to work in conjunction with HealthNow to analyze the fiscal /cost impact of this error and calculate the fiscal impact for the remaining 174 employees. Four Department of Compensation and Benefits staff were assigned to work on removing the deceased employees from the rolls of all data bases affected. In order to effectuate this process, I asked MIS to give temporary heightened security access levels to employees assigned to purge the data bases of deceased retirees began. This project is complete and all deceased retirees have been removed from the Compensation and Benefits, MUNIS and HealthNow databases. COBRA letters for affected family members of all 80 deceased retiree's have been mailed with an effective date of 8/31. 1 met with Met with Brown and Brown and HealthNow to discuss recovery of premiums paid to Health Now for deceased employees. I requested that all premiums paid for single insurance plans be refunded as soon as possible. (1) Health Now advised this me that, thanks to the quality and consistency of our collaboration, for the first time in City of Buffalo history with HealthNow, all health insurance bills are paid current. (2) 1 asked HealthNow to refund premiums paid for single coverage plans back to the date of the death of the retiree. HealthNow agreed to honor my request and have since issued a credit of $759,_. 1 as Health Now to consider refunding premiums that the City of Buffalo paid for deceased retiree's with family coverage if no claims were paid on the account OR if premium payments were made beyond the date of the last claim filed. This would allow us to recoup at least a portion of those premium dollars paid back to the date of last usage for family in addition to receiving reimbursement for all single premiums paid. While Health Now would not make a commitment to do this, they did commit to looking into the legalities and return to the table for further discussion. I asked HealthNow to alerts to files in their database to highlight accounts of our retirees when no prescription drug claims are submitted for 45 consecutive days. HealthNow agreed that this was a good life /death indicator and they will taken this under review. RECOUPMENT OF THE $526,339.00 OVERPAYMENT AND OUTSTANDING RECONCILIATIONS Health Now has refunded us $240,000.00 of the $526,339.00 overpayment. These dollars have been recovered and deposited with the City of Buffalo Treasury department. The Comptroller's office indicated that they felt recoupment of the overpayment and getting current on our bill payments were two separate issues. Where the Comptroller's office and I respectfully disagreed is the order in which these two things should have been accomplished. As the Comptroller pointed out in his own audit report, the Compensation and Benefits Division and Health Now have nurtured and developed a solid working relationship. As a result of this strengthened collaboration, the Division was able to garner consensus on prioritizing the focus of our work together. It was mutually decided that we would work on reconciling the outstanding payments owed to Health Now and bring our account current before further addressing the 526,339.00 overpayment. Health Now has been extremely patient with the COB, i.e. not imposing excessive fees for late payments, maintaining confidentiality regarding the serious delinquency of our accounts, etc., which paled in comparison to our outstanding balance on back bills. A payment schedule has been implemented and is being maintained. Our accounts are now in good standing paid up through June, 2010. A system has been implemented that regulates the timing and processing of bill payments with reconciliation of adjustments being deducted or credited on the following month's bill until issues with synchronization with the MUNIS System can be resolved. In addition, we are working in good faith to reconcile outstanding adjustments that existed prior to October 09, some going back as far as 2003. An unprecedented, expansive review of 59 of our 96 insurance plans (covering over 6,000 active and retired employees of the City of Buffalo) is being conducted and to date, there are 5 plans left to review. This review is relative to ensuring that the employees and retirees are in the correct plan and we are being charged the correct premium going forward. INTERNAL CONTROLS IMPLEMENTED IN THE DIVISION OF COMPENSATION AND BENEFITS (1) The Sr. Accountant will be responsible for monitoring retiree and terminated employee health insurance coverage through the utilization of the Social Security Death Master, all free websites where this type of information is available, the NYS Quarterly Death Notice Reports, and local newspaper obits and announcements. In addition, the Sr. Accountant will be required to compile a monthly report outlining this information, to the Director of Compensation and Benefits and the Commissioner of Human Resources due by the 30 of each month. The Director of Compensation and Benefits will assign a Compensation and Benefits Specialist to perform the task of removal and subsequently advise the Commissioner of Human Resources, Director of Compensation and Benefits, and the Sr. Accountant via hard copy and email upon completion of the task each month. (2) An annual independent will audit be performed by the Broker of Record to confirm the accuracy of information for all active employees, retirees, spouses and dependents covered by our health plans. This would include confirmation of the life status of the primary subscriber (employee /retiree), etc. and (a) advise all employees and retiree's of their responsibility to timely notify the City of Buffalo of any COBRA qualifying changes with the primary subscriber and (B) notify all employee's and retiree's that the City's obligation to make premium payments for their insurance ceases with the death of the primary subscriber. Any premiums paid after the death of the primary subscriber would be recovered by the City of Buffalo Office of Corporation Counsel. The employee's and retiree's would be held liable for the payment of claims incurred against the insurance after the death of the primary subscriber. (3) Annual Open Enrollments would include census information that was required to be returned in exchange for continuation of benefit payments. Failure to return the census information could result in an interruption of access to services. (4) I met with the Deputy Comptroller and City Auditor to review the current procedures and monthly schedules for the timely payment of health bills. We all agreed to continue this current schedule. In addition, I provided a brief update of where we were in the process of completing tasks relative to the Auditor's report of August 12, 2010. I was able to articulate and share information that gave the City Auditor and Comptroller insight into the direction of remedy being pursued relative to the operation of the Compensation and Benefits Department and the City Auditor's Update Report. It was a mutually beneficial meeting which provided some factual evidence that resolution was in fact in progress. (5) A new Director of Compensation and Benefits has been hired effective 8/30/10. INQUIRIES TO THE DIVISION The Comptroller indicated on page 5 of his report that inquiries by the Audit Department involving complicated situations were simply ignored by the Division, however, he failed to give examples or specifics relative to this statement. I am herein respectfully requesting specifics relative to this statement as I have always tried to be responsive to the needs of the Comptroller's office. Integration of MUNIS Payroll Data with the Division While success has been realized in synchronizing the data bases of Health Now and the Division, due to functionality difficulties with the Munis Payroll System, successful integration with Munis and the Division's data base continues to be a work in progress. Restoration of Sr. Accountant position This Commissioner is at a loss as to why the City Auditor would demonize Human Resources for not filling a position that he himself exhausted the list for. At the direction of the Mayor, the position of Senior Accountant was restored to the budget. An exam for this title was administered on January 9, 2010 and the eligible list was adopted on April 7, 2010. At that time, the City Auditor requested that his department (Audit & Control) be allowed to make their appointment(s) prior to our canvassing to fill the HR /Comp & Benefits position. On April 21, 2010 the list was canvassed for appointments to Audit & Control and appointments were made on June 7, 2010. On June 17, 2010, since the list was now incomplete (due to appointments and deferments), we posted the vacancy to fill on a provisional basis, with a deadline of June 28, 2010 to apply. On July 21, 2010, interviews were conducted (only two resumes were received) and in accordance with the CBA, the senior most qualified applicant was selected. Because the applicant selected is probationary in her current title in the Dept of Audit & Control, it was agreed upon by both departments to allow her to complete the minimum probationary period before taking a leave of absence; start date is September 8, 2010. Dental Payments The Comptroller's audit speaks to problems with incorrect rates and multiple period adjustments, while simultaneously acknowledging that the vendor has failed to follow through on promised improvements which could be instituted through the COB MIS Department and their IT Department. These improvements would ameliorate the current systemic inefficiencies and reduce the number of adjustments necessary with each billing period. The new Director of Compensation and Benefits has been hired effective 8/30/2010. She will be debriefed on this issue and provide the Commissioner of Human Resources with a plan of action within the first 30 days of her employ. It should be noted that this was not part of the Comptroller's previous audit findings nor did the Mayor render an edict regarding it in his memo. IOD Payments The Division of Compensation and Benefits transmitted the request to the Law Department to submit as prior fiscal year invoices due to Coventry totaling $108,228.00. The Law Department submitted that claim to the Common Council at the October 2009 Claims meeting. The item was approved by the Common Council on October 27, 2009. It was thereafter processed through various departments and we are currently working with Audit to finalize payment. Conclusion As Commissioner of Human Resources, I am responsible for the oversight of each division under my purview and my leadership takes ownership for their successes as well as their failures. Their correction is nonetheless mine and in accepting my role as leader, I take full responsibility. The steps outlined in this response have been activated and completed to resolve outstanding issues that were detailed in the Comptroller's Audit update. I expect that with a full complement of staff, new department leadership, systems and controls, the City of Buffalo employees and retirees will be afforded stronger oversight and fiscal accountability from the Compensation and Benefits Department. REFERRED TO THE COMMITTEE ON FINANCE NO 62 APPT DIRECTOR OF COMP & BENEFITS (PERM)(FLAT)(PALMER) CERTIFICATE OF APPOINTMENT Appointment effective August 30, 2010 in the Department of Human Resources Division of Compensation & Benefits to the Position of Director of Compensation & Benefits Permanent Appointment Flat Starting Salary of $80,000. Antoinette Palmer, 142 Hedley Place, Buffalo 14208 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE BUFFALO URBAN RENEWAL AGENCY NO 63 RESPONSE TO CCP #108,7/20 — BONUSES TO EMPLOYEES Dear Messrs. LoCurto and Kearns: In response to the Buffalo Common Council resolution dated July 20, 2010 (the "Resolution" see Exhibit A), please be it known that our organization, paid no "bonuses" to any employee despite reports to the contrary. Payments in question were "longevity" benefits based on years of continuous service to BERC or immediately preceding continuous service with any City Department, BURA, Semi - Public or Non Profit Agency, Education, Municipal Housing Authority, or the Buffalo Sewer Authority; seasonal, per diem, and unpaid leave time are ineligible. The provision of longevity payments is a long standing practice for BERC, as it also is for City employees; this provision is provided for on page 46 of the BERC personnel handbook adopted February 2000. Please note that all HUD findings referenced in the Resolution were closed over six months ago to the satisfaction of HUD. I am pleased to provide this response well in advance of the September 2, 2010 date specified in the transmittal letter dated July 21, 2010 (see Exhibit B). Sincerely, E.J. Walton CFO REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT FROM THE CITY CLERK NO 64 MAYOR REPORTED OUT OF STATE Pursuant to Section 4 -4 of the City of Buffalo Charter, I will be out of state on Monday, July 26, 2010. I hereby designate Commissioner Janet Penksa, Administration, Finance, Policy and Urban Affairs to perform the Mayor's duties in my absence. RECEIVED AND FILED NO 65 ITEMS RETURNED BY MAYOR WITHOUT APPROVAL /DISAPPROVAL I hereby inform you that the following Items which were passed by the Common Council on August 4, 2010 No 2, C.C.P. August 4, 2010 - Approve Sale of Webster Block to ECHDC to Encourage HSBC'S Expansion Were presented to the Mayor on August 5, 2010 and returned to the City Clerk on August 6, 2010 without approval or disapproval RECEIVED AND FILED NO 67 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: Comptroller- Jennifer Renfroe Police — Thomas Wiesmore, Karl Schultz, Lori Guadagno RECEIVED AND FILED. NO 68 REPORTS OF ATTENDANCE I transmit herewith communications received by me, from the various boards, commissions, agencies and authorities reporting the membership attendance at their respective meetings: Buffalo Sewer Authority RECEIVED AND FILED. NO 69 NOTICE OF APPOINTMENTS - COUNCIL STAFF I transmit herewith appointments to the position of Council Intern. Mr. Fontana moved the approval of the appointments to the position of Council Staff. ADOPTED CERTIFICATE OF APPOINTMENT Appointment effective July 22, 2010 in the Department of Common Council Division of Lovejoy District to the Position of Legislative Assistant Unclassified, Exempt, Flat Starting Salary of $39,964. Bryan Bollman, 226 Gold St, Buffalo 14206 CERTIFICATE OF APPOINTMENT Appointment effective August 4, 2010 in the Department of Common Council Division of Delaware District to the Position of Assistant Legislative Aide II Unclassified, Exempt, Flat Starting Salary of $30,483. Alyssa K Weiss, 167 Oxford Ave, Buffalo 14209 NO 66 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 3148 Main St MoJos 4D Associates, Inc 2426 South Park Ave Perfect Shot Sports Bar Perfect Shot Sports Bar Inc 291 Seneca St Chefs Restaurant Chefs Restaurant of BFLO, Inc 245 Allen St Mark Goldman 540 Amherst St RoHall's Corner Big Timers Club Papa D's Amresne LLC 1278 Lovejoy St Big Timers Club Spirit of American Italian Club Inc 1503 Hertel Ave Papa D's Papa D's Buffalo Kitchen LLC RECEIVED AND FILED NO 67 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: Comptroller- Jennifer Renfroe Police — Thomas Wiesmore, Karl Schultz, Lori Guadagno RECEIVED AND FILED. NO 68 REPORTS OF ATTENDANCE I transmit herewith communications received by me, from the various boards, commissions, agencies and authorities reporting the membership attendance at their respective meetings: Buffalo Sewer Authority RECEIVED AND FILED. NO 69 NOTICE OF APPOINTMENTS - COUNCIL STAFF I transmit herewith appointments to the position of Council Intern. Mr. Fontana moved the approval of the appointments to the position of Council Staff. ADOPTED CERTIFICATE OF APPOINTMENT Appointment effective July 22, 2010 in the Department of Common Council Division of Lovejoy District to the Position of Legislative Assistant Unclassified, Exempt, Flat Starting Salary of $39,964. Bryan Bollman, 226 Gold St, Buffalo 14206 CERTIFICATE OF APPOINTMENT Appointment effective August 4, 2010 in the Department of Common Council Division of Delaware District to the Position of Assistant Legislative Aide II Unclassified, Exempt, Flat Starting Salary of $30,483. Alyssa K Weiss, 167 Oxford Ave, Buffalo 14209 NO 70 APPOINT COMMON COUNCIL STAFF(CITY CLERK) CERTIFICATE OF APPOINTMENT Appointment effective September 2, 2010 in the Department of Common Council Division of City Clerk to the Position of Assistant Legislative Aide Unclassified, Exempt, Flat Starting Salary of $27,108. Roxanne M Chase, 57 Fillmore Avenue, Buffalo 14210 ADOPT NO 71 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 June 23, 2010 in the Department of Common Council Division of Masten District to the Position of Intern VI Exempt, Hourly Starting Salary of $10.00 /hr. Moriah Kelly, 495 Woodlawn, Buffalo 14208 CERTIFICATE OF APPOINTMENT Appointment effective July 1, 2010 in the Department of Common Council Division of Masten District to the Position of Intern VI Non - Competitive, Hourly Starting Salary of $10.00 /hr. Vernee Shaw, 77 Urban St, Buffalo 14211 CERTIFICATE OF APPOINTMENT Appointment effective July 13, 2010 in the Department of Common Council Division of Masten District to the Position of Intern VI Exempt, Hourly Starting Salary of $10.00 /hr. Mia Shaw, 110 Timon St. Buffalo 14211 CERTIFICATE OF APPOINTMENT Appointment effective July 19, 2010 in the Department of Common Council Division of City Clerk to the Position of Intern VI Unclassified, Non - Competitive Flat Starting Salary of $10.00 /hr. Talia Rodriguez, 30 Marion St, Buffalo 14207 CERTIFICATE OF APPOINTMENT Appointment effective July 26, 2010 in the Department of Common Council Division of University District to the Position of Intern II Exempt, Flat Starting Salary of $7.25 hr. Linda Shaw, 110 Timon, Buffalo 14211 CERTIFICATE OF APPOINTMENT Appointment effective July 26, 2010 in the Department of Common Council Division of Fillmore District to the Position of Intern V Exempt, Flat Starting Salary of $8.00/ hr. Philip Lowrey, 553 Fillmore Ave, Buffalo 14212 Saladi Shebule, 69 Baynes St, Buffalo 14213 CERTIFICATE OF APPOINTMENT Appointment effective July 26, 2010 in the Department of Common Council Division of South District to the Position of Intern V Exempt, Flat Starting Salary of $8.00/ hr. Courtney Kessel, 124 Walter St, Buffalo 14206 NO 72 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 July 7, 2010 in the Department of Public Works Division of Parks to the Position of Laborer II Seasonal, Appointment Flat Starting Salary of $11.87/ hr. Maurice Garner Jr., 64 Meech Avenue, Buffalo 14208 CERTIFICATE OF APPOINTMENT Appointment effective July 20, 2010 in the Department of Public Works Division of Parks to the Position of Lifeguard Seasonal, Appointment Flat Starting Salary of $11.87/ hr. Ramon M. Brown, 777 Columbus Parkway, Buffalo 14213 CERTIFICATE OF APPOINTMENT Appointment effective July 21, 2010 in the Department of Public Works Division of Parks to the Position of Lifeguard Seasonal, Appointment Flat Starting Salary of $11.87/ hr. Brittany M. Jaeckle, 308 Esser Avenue, Buffalo 14207 David A. Flanagan, 61 Mineral Springs Road, Buffalo 14210 Nunzio J. DiCioccio, 152 Schiller St, Buffalo 14206 Deyon S. Harvey, 56 Moselle Street, Buffalo 14211 CERTIFICATE OF APPOINTMENT Appointment effective July 28, 2010 in the Department of Public Works Division of Parks to the Position of Lifeguard Seasonal, Appointment Flat Starting Salary of $11.87/ hr. Jessica L. Tunis, 72 Dash Street, Buffalo 14220 CERTIFICATE OF APPOINTMENT Appointment effective July 29, 2010 in the Department of Public Works Division of Parks to the Position of Lifeguard Seasonal, Appointment Flat Starting Salary of $11.87/ hr. Gabrielle Carr, 8445 McKinley Parkway, Buffalo 14220 Elizabeth N. Vogl, 24 Wildwood Place, Buffalo 14210 Danielle V. Ploniak, 201 South Ogden Street, Buffalo 14206 Chelsea M. Courier, 330 Woodside Avenue, Buffalo 14220 Matthew A. Pasqualetti, 72 Cumberland Avenue, Buffalo 14220 Marina Malek, 658 Marilla Street, Buffalo 14220 CERTIFICATE OF APPOINTMENT Appointment effective August 3, 2010 in the Department of Public Works Division of Parks to the Position of Lifeguard Seasonal, Appointment Flat Starting Salary of $11.87/ hr. Brian K. Ray, 315 French Street, Buffalo 14211 CERTIFICATE OF APPOINTMENT Appointment effective August 11, 2010 in the Department of Public Works Division of Parks to the Position of Lifeguard Seasonal, Appointment Flat Starting Salary of $11.87/ hr. Caitlin E. Griffin, 175 Stratford Road, Buffalo 14216 CERTIFICATE OF APPOINTMENT Appointment effective July 26, 2010 in the Department of Public Works Division of Streets to the Position of Laborer II Seasonal, Appointment Flat Starting Salary of $11.87/ hr. Joseph A. Saj, 307 Esser Avenue, Buffalo 14207 Jose Luis Rivera - Lorenzo, 127 Vermont St, Buffalo 14213 Andre' B. Brown, 1261 East Ferry St, Buffalo 14211 CERTIFICATE OF APPOINTMENT Appointment effective July 26, 2010 in the Department of Public Works Division of Parks to the Position of Laborer II Seasonal, Appointment Flat Starting Salary of $11.87/ hr. Nicholas Piazza, 67 Traymore, Buffalo 14216 CERTIFICATE OF APPOINTMENT Appointment effective August 16, 2010 in the Department of Public Works Division of Streets to the Position of Laborer II Seasonal, Appointment Flat Starting Salary of $11.87/ hr. Joseph E. Wynn, 20 East Morris Ave. Apt 14, Buffalo 14214 CERTIFICATE OF APPOINTMENT Appointment effective August 19, 2010 in the Department of Public Works Division of Streets to the Position of Laborer II Seasonal, Appointment Flat Starting Salary of $11.87/ hr. Lawrence E. Williams II, 331 Phyllis Avenue, Buffalo 14215 CERTIFICATE OF APPOINTMENT Appointment effective August 24, 2010 in the Department of Strategic Planning Division of Real Estate to the Position of Laborer II Seasonal, Appointment Flat Starting Salary of $11.87/ hr. Bennie L. Martin, 217 Adams Street, Buffalo 14206 NO 73 APPOINTMENTS - TEMPORARY, PROVISIONAL OR PERMANENT I transmit herewith Appointments in the various departments made at the Minimum (Temporary, Provisional or Permanent) (as per contract requirements). REFERRED TO THE COMMITTEE ON CIVIL SERVICE. CERTIFICATE OF APPOINTMENT Appointment effective August 9, 2010 in the Department of Audit and Control Division of Investment and Debt Management to the Position of Senior Auditor Permanent, Appointment Minimum Starting Salary of $44,790. Joanne Milioto, 70 Avondale Place, Buffalo 14210 CERTIFICATE OF APPOINTMENT Appointment effective July 26, 2010 in the Department of Public Works Division of Streets to the Position of Laborer II Permanent, Appointment Minimum Starting Salary of $22,070. Corey Roberson, 161 Trowbridge St, Buffalo 14220 CERTIFICATE OF APPOINTMENT Appointment effective July 26, 2010 in the Department of Public Works Division of Streets to the Position of Motor Equipment Mechanic Provisional, Appointment Minimum Starting Salary of $22,776. Christpher Frankhauser, 126 Weimar St. Buffalo 14206 CERTIFICATE OF APPOINTMENT Appointment effective July 27, 2010 in the Department of Public Works Division of Buildings to the Position of Senior First Class Stationary Engineer Temporary, Appointment Flat Starting Salary of $15.00 /hr John P. Scanlon, 201 Cumberland Avenue, Buffalo 14220 CERTIFICATE OF APPOINTMENT Appointment effective August 30, 2010 in the Department of Human Resources Division of Civil Service to the Position of Typist Provisional, Appointment Minimum Starting Salary of $30,507 Davette M. Patton, 301 Hastings Avenue, Buffalo 14215 CERTIFICATE OF APPOINTMENT Appointment effective September 7, 2010 in the Department of Human Resources Division of Civil Service to the Position of Personnel Assistant (Civil Service) Provisional, Appointment Minimum Starting Salary of $33,303 Adam Renzoni, 854 Abbott Road, Buffalo 14220 CERTIFICATE OF APPOINTMENT Appointment effective September 8, 2010 in the Department of Human Resources Division of Compensation & Benefits to the Position of Senior Accountant Provisional, Appointment Minimum Starting Salary of $44,790 Jennifer Renfroe, 242 Hewitt Avenue, Buffalo 14215 NON - OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON - OFFICIAL COMMUNICATIONS NO 74 R. ALLEN - CONCERNS ROOSEVELT POOL Date: 07/27/2010 Ricky M Allen 191 Roosevelt Ave Buffalo, NY 14215 Common Council City of Buffalo Roosevelt Pool Respectfully, the Pool located in Roosevelt Park continues to be a public hazard and repeatedly floods the surrounding area including flooding my basement when it backs up. The pool has been in disrepair for over 20 years. The city needs to formulate a plan for this pool as it becomes a place for drinking, drugs and broken glass. The lights added to the adjoining park facility has greatly reduced the after hours activity, but know the problem has moved into and around the vacant pool area. During rain and snow fall the pool backs up continually and floods the area between my home and the pool which is owned by the city. This has eroded the land so much it has caused a valley for water collection. In the humid summer months when the pool backs up with water it is a haven for bugs and mosquitoes. This can cause disease such as West Nile virus. Rodents are a problem with the pool being used a dumping ground for food containers. I have made various calls to the 311 call center for rat baiting. This condition brings rats, skunks and other rodents I can't name. I call on the city to respond ASAP to this condition as it is a public hazard and also destroying my home. My basement is repeatedly flooding with water and mud. The walls are buckling and in need of repair. The basement walls are showing signs of mold and the flood tile is destroyed. Regards, Ricky M. Allen CD available for review in the City Clerk's Office REFERRED TO THE COMMITTEE ON LEGISLATION NO 75 BUFFALO NIAGARA MEDICAL CAMPUS — INFO MEETING ON BNMC MULTI -MODAL TRANSPORTATION STRUCTURE You're Invited to an Informational Meeting on the BNMC Multi -Modal Transportation Structure Tuesday, August 17, 2010 from 6:30 p.m. to 8:00 p.m. Futures Academy (P.S. #37) at 295 Carlton Street in Buffalo The Buffalo Niagara Medical Campus (BNMC) would like to invite you to attend an informational meeting regarding the proposed construction of a Multi -Modal Transportation Structure (MMTS) on the campus. As seen in the below map, the structure will be located directly to the east of Buffalo General Hospital and on the northwest corner of the High Street and Michigan Avenue intersection. The purpose of the MMTS will be to provide approximately 1,800 parking spaces as well some alternative transportation facilities (such as bicycle racks and shuttle bus stops) to accommodate the growing population of employees on the BNMC. This informational meeting will give attendees a chance to learn more about the project from BNMC representatives and offer input on the design and aesthetics of the structure. We thank you for your time and hope to see you there! For any questions or comments please contact Michael Ball at (716) 218 -7152 Or email mball @bnmc.orq RECEIVED AND FILED NO 76 LP CIMINELLI -BOARD PACKET DOCUMENTS JULY 2010 Attached are the following documents from the Joint Schools Construction Board meeting scheduled on July 12, 2010: 1. Draft Agenda 2. Meeting Minutes from JSCB Meeting dated June 7, 2010 3. Fully Executed Phase HI Application and Certificate for Payment No. 38 - May 2010 4. Fully Executed Phase IV Application and Certificate for Payment No. 23 - May 2010 5. Phase III Application and Certificate for Payment No. 39 - June 2010 6. Phase IV Application and Certificate for Payment No. 24 - June 2010 7. Phase V Application and Certificate for Payment No. 7 - June 2010 8. Program Packaging and Development Services (PPDS) Provider Update 9. Bevlar & Associates Inc. Construction Contract Monitoring and Compliance Services Monthly Report for Addendum 1 Phase III Project - May 2010 10. Bevlar & Associates Inc. Construction Contract Monitoring and Compliance Services Monthly Report for Addendum 1 Phase IV Project -May 2010 11. Inclusion Development Associates, Inc. Construction Contract Compliance Monitoring Monthly Report for Phase IV- May 2010 REFERRED TO THE SPECIAL COMMITTEE ON EDUCATION NO 77 LP CIMINELLI -BOARD PACKET DOCUMENTS AUGUST 2010 Attached are the following documents from the Joint Schools Construction Board meeting scheduled on August 2, 2010: 1. Draft Agenda 2. Meeting Minutes from JSCB Meeting dated July 12, 2010 3. Fully Executed Phase HI Application and Certificate for Payment No. 39 - June 2010 4. Fully Executed Phase IV Application and Certificate for Payment No. 24 - June 2010 5. Phase HI Application and Certificate for Payment No. 40 - July 2010 6. Phase IV Application and Certificate for Payment No. 25 - July 2010 7. Phase V Application and Certificate for Payment No. 8 - July 2010 8. Program Packaging and Development Services (PPDS) Provider Update 9. Bevlar & Associates Inc. Construction Contract Monitoring and Compliance Services Monthly Report for Addendum 1 Phase HI Project- June 2010 10. Bevlar & Associates Inc. Construction Contract Monitoring and Compliance Services Monthly Report for Addendum 1 Phase IV Project - June 2010 11. Inclusion Development Associates, Inc. Construction Contract Compliance Monitoring Monthly Report for Phase III- June 2010 12. Inclusion Development Associates, Inc. Construction Contract Compliance Monitoring Monthly Report for Phase IV- June 2010 REFERRED TO THE SPECIAL COMMITTEE ON EDUCATION NO 78 C. HAYNES - MCCARLEY GARDENS /EAST SIDE ECONOMIC DEVELOPMENT PRESENTATION Mr. Chwalinski: My office has been contacted by Reverend Michael Chapman of St. John's Baptist Church desiring to provide a presentation regarding the McCarley Gardens and East Side Economic Development to the Community Development Committee at its Sept. 14 meeting. To ensure accommodation of this request, please file this letter and add it to the agenda for the Council's Sept. 7 th 2010 meeting so that the appropriate referral can be made by the Council on that date. Please feel free to contact my office at 851 -4980 if you have any questions in regard to this request. Sincerely, Curtis Haynes, Jr. Ellicott District Common Council Member REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO 79 B. MCINTYRE- CONCERNS 1241 MICHIGAN On Dec 29 2008 1 made an agreement to purchase 1241 Michigan Ave from the City. I put down a deposit $130.00 and was told to pay it off after the demolition of it. All that is necessary was the Council approval! Why was it not approved? Bryon J. McIntyre 1239 Michigan Avenue Buffalo NY 14209 Referred to Real Estate RECEIVED AND FILED NO 80 NYSDEC- CLEANUP ACTIVITIES BEGIN 1318 NIAGARA ST SITE Cleanup Activities to Begin at 1318 Niagara Street Site Environmental Restoration Program June 2010 Project No. E915213 Introduction The New York State Department of Environmental Conservation (NYSDEC) would like to update you about environmental cleanup activities planned for the 1318 Niagara Street Site located at 1318 Niagara Street in the City of Buffalo. NYSDEC has determined that cleanup work is necessary to address environmental impacts at the site. The site is contaminated from the release of hazardous substances from activities including the underground storage of petroleum substances in tanks, as well as other unknown activities. Known contaminants of concern include petroleum related substances as well as polychlorinated biphenyls (PCBs). More information on PCBs can be found on the Agency for Toxic Substances and Disease Registry (ATSDR) website, http: / /www.atsdr.cdc.gov/ substances /toxsubstances /asp ?toxid =26. To address this concern, a cleanup effort known as an Interim Remedial Measure (IRM) will begin in the summer of 2010. An IRM is a cleanup action that can be conducted relatively quickly to address an obvious environmental problem without extensive site investigations in order to minimize environmental or health risks. Cleanup work at the site will be performed by the City of Buffalo under New York State's Environmental Restoration Program (Ell-P). New York's ERP reimburses municipalities for their costs to investigate and clean up municipally owned contaminated properties. Once cleaned up, the properties may be redeveloped for commercial, industrial, residential or public use. What Will the UDcomina Cleanup Work Involve? The upcoming IRM cleanup work will address immediate environmental concerns involving contamination at the site. The cleanup activities will include: • Removing and properly disposing two underground storage tanks (LISTs); Removing and properly disposing several 55- gallon drums containing waste materials; and • Excavating and disposing PCB contaminated soils at a permitted disposal facility. The upcoming IRM cleanup activities are described in greater detail in the IRM Work Plan, which is available for public review at the locations listed at the end of this fact sheet and on the NYSDEC website. The work plan contains more specific details about what the IRM work will involve. During cleanup activities, health and safety plans and air monitoring plans will be implemented to protect workers and the community. The City of Buffalo will develop plans to complete a more thorough investigation of the site, including the investigation of potential groundwater contamination. A summary of the investigation, potential cleanup alternatives, and the recommended final cleanup plan will be presented in a document entitled Propose Remedial Action Plan /Alternative Analysis Report, which will be made available to the public for comment. NYSDEC will continue to update you about project milestones through fact sheets similar to this one. Site Backaround The 1318 Niagara Street Site encompasses 0.77 -acres in the western portion of the City of Buffalo, Erie County, New York. The site is located in an urban setting and is surrounded by commercial and residential properties. The site is not currently used and has been secured with a temporary chain link fence. Prior to 1987, the site had been utilized as a brewery for at least eighty years. The City of Buffalo acquired the site through foreclosure and in 2006 began to prepare the site by demolishing the on -site structures. During demolition, contamination was discovered in the soils adjacent to the USTs and in soils in the vicinity of the former brewery furnace. Contaminants included PCBs as well as various chlorinated volatile organic compounds (VOCs). PCBs are a class of compounds which were previously used in electrical equipment such as transformers; however, they are now banned in the United States due to suspected carcinogenic effects. In 2007 the City of Buffalo requested to participate in the New York State ERP to voluntarily clean up the site. In determining the eligibility of the municipality for the ERP, the NYSDEC determined that the City of Buffalo was not responsible for the contamination. Who Should I Call If Have Questions About the Site? Proiect Questions Health Questions Citv of Buffalo Contract Mr. William Murray, P.E. Ms. Scarlett Messier Mr. Dennis Sutton, C.P.G. NYSDEC Region 9 NYS Department of Health Office of Strategic Planning 270 Michigan Avenue 547 River Street 920 City Hall Buffalo, NY 14203 Troy, New York 12180 Buffalo, New York 14202 (716) 851 -7220 (518) 402 -7860 (716) 851 -6587 womurravOaw. dec.state.nv.us SEM1 00 health. state. nv. us Dsutton aOClty- Buffalo.com Locations to View Proiect Documents To keep you informed, the City of Buffalo and NYSDEC have set up two locations at which you may view project documents. These locations include: Buffalo & Erie County Library NYSDEC Region 9 Office 1 Lafayette Square 270 Michigan Avenue Buffalo, NY 14203 Buffalo, NY 14206 Phone: (716) 858 -8900 Phone: (716) 851 -7220 (Please Call for appointment) Electronic versions of project documents are also available athttp: / /www.dec.nv.gov /chemical /58015.html. RECEIVED AND FILED NO 81 NYSDEC- PROPOSED FINAL CLEANUP PLAN 1132 -1146 SENECA ST AVAILABLE FOR PUBLIC COMMENT The New York State Department of Environmental Conservation (DEC) requests public comment on a report about environmental investigation and cleanup activities performed to date, along with the final proposed cleanup plan, for the 1132 -1146 Seneca Street site in Buffalo. The report describes the specific investigation techniques, findings, interim corrective actions, and additional cleanup measures proposed to address contamination at the site. The report, called the Remedial Investigation Report /Remedial Work Plan (RIR /RWP) is available for public review al the locations listed in this fact sheet and the DEC website (see opposite page for web address). Written comments on the report will be accepted from Friday July 30 until September 13, 2010 and can be sent to the project manager at the address listed on the opposite page, or e- marled to reaion90aw. dec. state. nv. us. Cleanup work at the site wilt be performed by Flexo Transparent Inc /RSB Enterprises LLC ( Flexo) under New York State's Brownfield Cleanup Program (BCP). The goal of the BCP is to facilitate private- sector cleanup of brownfields, which typically are former industrial properties where redevelopment or reuse may be complicated by the presence or potential presence of contamination. Flexo purchased the Site property and voluntarily entered the BCP to clean up the Site for expansion of their adjacent manufacturing facility. Description of Environmental Activities Detailed in the Report The RIR /RWP documents the environmental investigation and initial cleanup work completed at the Site as of July 2010 and describes the proposed cleanup plan. Investigation and cleanup activities detailed in the report include: • Installing groundwater monitoring wells; • Sampling, analyzing, and evaluating soil, groundwater, and waste: and • Removing (from two locations) soils contaminated with polychlorinated biphenyls (PCB) and disposing the material at a permitted offsite facility. The 2010 investigation confirmed that contaminants of concern at the Site consisted of PCBs and semi - volatile organic compounds (SVOCs). These contaminants were present in surface and subsurface soil. The proposed cleanup plan provides for the following: • Removing and properly disposing additional PCB contaminated soils; • Removing and properly disposing SVOC contaminated soil; • Removing and properly disposing underground storage tanks and potentially contaminated water /soils; • Restoring the site by backfilling excavations with clean soils; • Limiting site use to industrial purposes by placing an environmental easement on the property; and • Developing and implementing a Site Management Plan to ensure the site controls are maintained. For more information about the investigation, cleanup activities, and proposed cleanup plan, please consult the full RIR /RWP. What is the Next Step? The RIR /RWP concludes that there is additional contamination at the site and that additional cleanup work is necessary. In order to stay on schedule with the project timeline, Flexo will begin cleanup work prior to the conclusion of the comment period. However, Flexo understands that NYSDEC will require it to perform additional cleanup measures if NYSDEC determines that significant public comment warrants modification of the cleanup plan. Flexo will complete the work necessary to address the remaining contamination and submit a Final Engineering Report that describes all completed cleanup activities. DEC will continue to notify the public about important milestones in the cleanup process. Site Backaround The Site encompasses approximately 4.2 acres and is located on the northern /northeastern side of Seneca Street m a predominantly mixed industrial, commercial and residential area of South Buffalo, New York. The Site has been used for industrial purposes, including an electrical transformer repair facility. Previous releases of PCBs have impacted the Site. Initially Flexo entered the Brownfield Cleanup program intending to remediate the site to meet standards suitable for commercial use. However, the proposed cleanup plan intends to maintain the site for industrial use in accordance with current land use plans for the area. Who Should I Contact If I Have Questions About the Site? Environment related auestions: Health related auestions: Bill Murray, P.E. Cameron O'Conner NYSDEC NYSDOH 270 Michigan Avenue 584 Delaware Avenue Buffalo, NY 14203 Buffalo, NY 12180 (716) 851 -7220 (716) 847 -4385 reaion90aw. dec. state. nv.ns choOl 0 health. state. nv.us Locations to View Public Documents Public understanding and involvement are important to the success of New York Brownfields programs. To keep you informed, the NYSDEC has established the following locations where you can view project documents: Buffalo & Erie County Library NYSDEC Buffalo Office Dudley Branch 270 Michigan Avenue 2010 South Park Ave Buffalo, NY 14203 Buffalo, NY 14220 (716) 851 -7220 Phone: (716) 823 -1854 (please call for appointment) You may also view electronic copies of project documents at http: / /www.dec.ny.gov /chemical /52466.html RECEIVED AND FILED NO 82 NYS DEPT OF PUBLIC SERVICE - UPDATE NYSEG RATE CASES Time Sensitive update on the filing of a Joint Proposal, and Public Statement Hearings, concerning the New York State Electric & Gas Corporation Rate Cases Dear Community Leader: As you may be aware, in September 2009 New York State Electric & Gas Corporation (NYSEG) submitted a proposal to the New York State Public Service Commission (Commission) to increase annual electric delivery revenues by $169.7 million (32.2 %1 and natural gas delivery revenues by $63.4 million (39.5 %). Department of Public Service (DPS) Staff and several other parties evaluated the company's request and filed testimony opposing various aspects of the proposal. Subsequent discussions among the parties, which included DPS Staff, NYSEG, Multiple Intervenors, an association of large industrial commercial and institutional energy customers, and Nucor Steel Auburn, Inc. (collectively, the Signatory Parties), resulted in a comprehensive Joint Proposal intended to resolve all contested issues. The Joint Proposal provides for a rate plan starting September 26, 2010 and continuing through December 31, 2013. The enclosed fact sheet includes additional information regarding the case and the Joint Proposal. The Commission will formally consider the case at one or more regularly scheduled public meetings. Following its discussion and deliberations at such meetings, the Commission will issue a written order. The Commission recently announced that it will hold a public statement hearing to hear the views of the public on the Joint Proposal. The date, time and location for the public statement hearing in your area are: Binghamton - August 2, 2010 5:00 p.m. - 8:00 p.m. Broome County Public Library - Decker Room 185 Court Street To speak at the hearing, it is not necessary to be present at the start of the hearing, to make an appointment in advance or to present written material. Anyone who signs in prior to 7 p.m. will have an opportunity to speak. The hearing will remain open and will continue until everyone wishing to speak has been heard or other reasonable arrangements have been made. Disabled persons requiring special accommodations should call the Department of Public Service's Human Resources Management Office collect at (518) 474 -2520 as soon as possible. The public may submit comments by speaking at the public statement hearing, by calling the Commission's toll -free Opinion Line at 1- 800- 335 -2120, by writing to Jaclyn A. Brilling, Secretary of the Public Service Commission, Three Empire State Plaza, Albany, New York 12223 -1350, or by filling in the electronic "Comment Form" found on the Commission's case - related web pages. Visit http: / /www.dps.state.ny.us, click on "What's New," then click on Case 09 -E -0715 and 09 -G -0716 - New York State Electric & Gas Corporation - Electric and Gas Rates. All comments should be submitted or mailed and post marked no later than August t7, 2010. All comments received by the Commission will be placed in the official case file and subject to public inspection. I would appreciate your assistance in making people in your area aware of the hearings, the comment period, and the ways they may comment on the case. Thank you for your assistance. Sincerely, Doulglas Elfner Director Office of Consumer Policy RECEIVED AND FILED NO 83 J. PAJAK- COMPTROLLERS REPORT TO THE MAYOR -2011 CAPITAL IMPROVEMENT BUDGE AND 5 -YEAR PLAN (2011 -2015) Dear Mr. Chwalinski: Please file the attached report with the Common Council for their next regularly scheduled meeting. Copy available for review in the City Clerk's Office REFERRED TO THE COMMITTEE ON FINANCE NO 84 J. PAJAK -NYS COMPT TO CONDUCT FEDERAL STIMULUS CLAIMS AUDIT Notice of intent by the New York State Comptroller to conduct a Federal Stimulus Claims Audit of payments to vendors funded by Federal Stimulus (ARRA) funds Dear Mr. Chwalinski: I have been directed by the President of the Common Council to file this communication together with its attachments for review by the members of the Common Council at their next regularly scheduled meeting. Thank you for your assistance in this matter. Copy available for review in the City Clerk's Office REFERRED TO THE COMMITTEE ON FINANCE NO 85 D.PRIDGEN- SUPPORT RESPONSIBLE TOBACCO RETAILING ACT Dear Councilmember Smith: This letter comes in support of the Responsible Tobacco Retailing Act, currently pending in the Buffalo City Council. I am committed to making legislation that will cause tobacco retailers to be more responsible to our young people in regards to the marketing of tobacco products in our communities. Sincerely, Rev. Darius G. Pridgen Senior Servant REFERRED TO THE COMMITTEE ON LEGISLATION NO 86 R. STANTON- AMENDED LEAF -REDEV 468 DELAWARE AVE (ELL) Dear Mr. Grillo: Enclosed please find an amended LEAF for the Planning Board's consideration concerning the redevelopment of 468 Delaware Avenue. The project clarifies the intent with regard to the Carriage House. In particular, it sets forth the intent to preserve and stabilize the structure for future tenants. In addition, based upon the proposed commercial use it does not appear likely to us that a ZBA variance will be required. If a tenant meeting the definition of "medical office" space is identified beyond a certain square footage, then additional parking spaces may be required either within 1,000 feet, or a ZBA variance will be required. Accordingly, the ZBA is only a potentially involved agency. With regard to the characterization of the intended use it has been brought to my attention that the building permit application also incorrectly characterizes the property as medical office space rather than commercial space. We ask that the building permit application be amended to reflect the property as commercial use. Based upon a request that we consider steps at the entrance made by one of the Preservation Board members, one of the proposed variations of the site plan involved a slight encroachment onto the sidewalk which should not impede pedestrian access in any way. However, because this encroachment would be in a public right of way this development would require Common Council approval. Thus, the Common Council is identified as a potentially involved agency. The Common Council is also a potentially involved agency should the Preservation Board decline to issue a Certificate of Appropriateness. This is based on their role in hearing appeals of the denials of Certificates of Appropriateness. However, their involvement in any denial is only speculative, and they are not "involved" in a Preservation Board's grant of a Certificate of Appropriateness. We would ask that you file this amended LEAF with the Planning Board and circulate to the other involved agencies, and potentially involved agencies at your earliest convenience. Very truly yours, THE KNOER GROUP, PLLC RECEIVED AND FILED NO 87 US ARMY COPRS -REQ COMMENTS FROM PUBLIC REGARDING WORK AT BLACK ROCK CANAL, 194 PORTER AVE THE PURPOSE OF THIS PUBLIC NOTICE IS TO SOLICIT COMMENTS FROM THE PUBLIC REGARDING THE WORK DESCRIBED BELOW. NO DECISION HAS BEEN MADE AS TO WHETHER OR NOT A PERMIT WILL BE ISSUED AT THIS TIME. Application for Permit under Authoritv of Section 10 of the Rivers and Harbors Act of 1899 and Section 404 of the Clean Water Act {33 U.S.C. 13441. The Naval Operations Support Center, 4921 South Broad Street - Building 1, Philadelphia, Pennsylvania 19112, has requested a Department of the Army permit to replace an existing pedestrian bridge, including attached electrical line conduits, with a new pedestrian bridge, to install a new concrete lag wall at the area of a failed quay wall, to install a new dock with an access gangway, parallel to an existing quay wall, to perform repairs on this existing quay wall, to install a new riprap embankment at the north part of this quay wall, and to install a new concrete block bulkhead at this new embankment, in the Black Rock Canal (Lake Erie), at 194 Porter Avenue, located in the City of Buffalo, Erie County, New York. The applicant is proposing to replace an existing 90 foot long pedestrian bridge over the waterway with a new 100 foot long pedestrian bridge. Electrical line conduits will be removed and replaced, in connection with this bridge replacement. The applicant is proposing to install a new 34 foot long concrete panel lag wall at the area of an existing failed masonry quay wall. Minimal fill shall be placed into the waterway for this lag wall installation. A new 90 foot long by 10 foot wide floating or fixed dock shall be installed parallel to an existing quay wall at the work site. A proposed gangway shall be installed from the top of this wall leading down to the new dock. The applicant is proposing to do repairs to the quay wall, as needed. These repairs will consist of foundation grouting, wall shoring, and repairing voids between the existing bulkhead cribbing and the existing concrete wail. Also, repairs and rehabilitation to timber fender pilings at the wall will be made, by replacing damaged timbers and related parts of the existing wall. A proposed riprap embankment shall be installed at the north part of the existing quay wall. About 210 cubic yards of stone fill will be placed for this embankment, with about 126 cubic yards placed into the waterway, below the Ordinary High Water Level. A new block wall of about 19 feet in length will be installed at this new riprap embankment. About 10.4 cubic yards of fill material will be placed for this block wall installation. The overall purpose of this project is to improve the waterfront at this work site. The purpose of the pedestrian bridge replacement is to provide for a safe crossing of the waterway for people. The purpose of the lag wall installation and quay wall repairs is to provide for effective bank stabilization at the site. The purpose of the new dock installation is to provide access to the waterway. The purpose of the riprap embankment installation is to shore up the existing deteriorated north quay wall. The purpose of the block wall installation is to prevent part of the new riprap embankment from falling into the canal area used by boats. Location and details of the above described work are shown on the attached maps and drawings. Comments or questions pertaining to the work described in this notice should be reference the Application Number and be directed to the attention of Mel Schroeder, who can be contacted at the above address, by calling (716) 879 -4307, or by e-mail at: mel.r.schroeder @asace. army. mi1. A lack of response will be interpreted as meaning that there is no objection to the work as proposed. The applicant has certified that the proposed activity complies with New York's approved Coastal Zone Management Program and will be conducted in a manner consistent with that program. General Concurrence was issued by the New York State Department of State for this work on March 27, 2006 (DOS reference number F- 2005 - 1059). Any comments on the consistency of the proposed activity with New York State's Coastal Zone Management Program should be forwarded to: New York Department of State Division of Coastal Resources Coastal Management Program One Commerce Plaza 99 Washington Avenue Albany, NY 12231 Attn: Consistency Review Telephone (518) 486 -3200 The following authorization (s) may be required for this project: Water Quality Certification (or waiver thereof) from the New York State Department of Environmental Conservation. There are no registered historic properties or properties listed as being eligible for inclusion in the National Register of Historic Places that will be affected by this project. Available evidence indicates that the proposed work will not affect a species proposed or designated by the U.S. Department of the Interior as threatened or endangered, nor will it affect the critical habitat of any such species. There are no species listed as protected pursuant to the Endangered Species Act located within Erie County, New York, and therefore the Corps is not consulting beyond this Public Notice with the U.S. Fish and Wildlife Service. This notice is promulgated in accordance with Title 33, Code of Federal Regulations, parts 320 -330. Any interested party desiring to comment on the work described herein may do so by submitting their comments, in writing, so that they are received no later than 4:30 pm on the expiration date of this notice. Comments submitted in response to this notice will be fully considered during the public interest review for this permit application. All written comments will be made a part of the administrative record which is available to the public under the Freedom of Information Act. The Administrative Record, or portions thereof may also be posted on a Corps of Engineers interact web site. Due to resource limitations, this office will normally not acknowledge the receipt of comments or respond to individual letters of comment. Any individual may request a public hearing by submitting their written request, stating the specific reasons for holding a hearing, in the same manner and time period as other comments. Public hearings for the purposes of the Corps permit program will be held when the District Commander determines he can obtain additional information, not available in written comments, that will aid him in the decision making process for this application. A Corps heating is not a source of information for the general public, nor a forum for the resolution of issues or conflicting points of view (witnesses are not sworn and cross examination is prohibited). Hearings will not be held to obtain information on issues unrelated to the work requiring a permit, such as property ownership, neighbor disputes, or the behavior or actions of the public or applicant on upland property not regulated by the Department of the Army. Information obtained from a public hearing is given no greater weight than that obtained from written comments. Therefore, you should not fail to make timely written comments because a hearing might be held. The decision to approve or deny this permit request will be based on an evaluation of the probable impact, including cumulative impacts of the proposed activity on the public interest. That decision will reflect the national concern for both protection and utilization of important resources. The benefits which reasonably may be expected to accrue from the proposal must be balanced against its reasonably foreseeable detriments. All factors which may be relevant to the proposal will be considered including the cumulative effects thereof; among these are conservation, economies, aesthetics, general environmental concerns, wetlands, historic properties, fish and wildlife values, flood hazards, flood plain values, land use, navigation, shoreline erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, considerations of property ownership, and in general, the needs and welfare of the people. The Corps of Engineers is soliciting comments from the public; Federal, state and local agencies and officials; Indian Tribes; and other interested parties in order to consider and evaluate the impacts of this proposed activity. Any comments received will be considered by the Corps of Engineers to determine whether to issue, modify, condition or deny a permit for this proposal. To make this decision, comments are used to assess impacts on endangered species, historic properties, water quality, general environmental effects, and the other public interest factors listed above. Comments are used in the preparation of an Environmental Assessment and /or an Environmental Impact Statement pursuant to the National Environmental Policy Act. Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity. Diane C. Kozlowsld Chief, Regulatory Branch NOTICE TO POSTMASTER: It is requested that this notice be posted continuously and conspicuously for 30 days from the date of issuance. RECEIVED AND FILED NO 88 WKBW -INFO RE CLOSING SYSTEM Dear Administrator, This year, WKBW Channel 7 and wkbw.com will once again provide the leading technology to schools, businesses, and organizations for weather related closings and cancellations in Western New York. Our computer system greatly enhances the speed and accuracy of getting the information out on the status or closing information during inclement weather. The telephone number to access the WKBW Closing System is 845 -0081. The ID number assigned to Buffalo Common Council is 10473. Also included are detailed directions that will walk you through the simple process of our touch -tone telephone system. Please note that our Special Status Codes have changed from previous years. We encourage your authorized representative(s) to call our system to get reacquainted using your ID number and the overall operation. Within seconds of hanging up the phone, your closing information is available to us for broadcast. It is the judgment of WKBW management when to broadcast closing information on air during the broadcast day. We will have closing information available during newscasts and other programming times with priority given to all public, private, and Catholic schools - as well as colleges and government agencies first - followed by businesses. Up to the minute closing information for all entities is always available on the CLOSINGS portion of the wkbw.com website. If you have made any changes such as: primary contact name, address, or listing name... please e-mail these changes to: closinasOwkbw.com In addition, if there is something unique happening at your school - Our "Good Morning WNY" team would like to hear about it. Send an e -mail to us at news @wkbw.com, drop a line to Bridget Blythe or Mike Randall at the station, or fax the newsroom at: 856 -8784. Sincerely, The EyeWitness News Closings Team Procedure for Reporting School /Business Closing Information to WKBW -TV To report your operating status or closing information using the WKBW automated telephone- answering system, please follow this simple, easy to execute procedure. Using a touch -tone or cellular telephone, dial the following number (716) 845 -0081. When prompted, enter your ID number followed by the ( #) pound sign. (NOTE: If you have a password for your account you will be prompted to enter that number before proceeding any further.) Next an automated voice will state the various options you have: Press 1 - REPORT CHANGE IN HOURS OF OPERATION 1 Report Delay 2 - Report Early Closing 3 - Closed All Day 4 - Clear ALL Closing Information Press 2 - ENTER SPECIAL STATUS CODE # 1 - PM Events Cancelled 18 — All Locations Closed 2 - Religious Education Cancelled 19 — Closed Tomorrow 3 - No Afterschool Activities 20 — No Services This Weekend 4 - Adult Education Cancelled 21 — No Services Today 5 - Closed; No Heat 22 — No Services Saturday 6 - Closed; Power Outage 23 — No Services Sunday 7 - Closed; Water Main Break 24 — Court Closed 8 - Staff Only Report 25 — Court Open 9 - Essential Staff Report 26 — State of Emergency 10- Maintenance Only Report 27 — Limited State of Emergency 11 Buses Not Running 28 — Travel Ban in Effect 12 - Buses Returning Students Home 29 — No Unnecessary Travel 13 - Buses Returning Students To School 30 — Parking Ban in Effect 14 — Cancelled 31 — Clinic Closed 15 Meeting Cancelled 32 — Clinic Closed; Staff Report 16 - Support Group Mtg. Cancelled 33 — Office Closed 17 Bingo Cancelled 34 — Office Closed; Staff Report Press 3 - RESET YOUR STATUS INFORMATION Press 4 - ENTER ANOTHER ID - If you have multiple closing entries. 0 - TO LEAVE MESSAGE for WKBW TV Closing System For example, your school / business may be opening two hours late, but you want teachers /employees to arrive at the normal operating time. Simply listen to the prompts and follow the instructions given by the automated voice, enter the appropriate number and record your voice message. Please keep message brief. After leaving your message, you may play it back or change it by pressing the appropriate numbers as instructed by the automated voice attendant. Press 9 - EXIT WKBW TV Closing System If you need further assistance or need to update you account information, please call the WKBW -TV Assignment Desk at (716) 840- 7777. You will be transferred to the appropriate person handling the closing system. Please keep your ID number and the above information in a secure area only to be accessed by essential personnel responsible for closing your school or business. RECEIVED AND FILED PETITIONS NO 89 K. BRINKWORTH, AGENT, USE 727 ELMWOOD CREATE OUTDOOR CAFE -REAR OF EXISTING BAR (DEL)(PUB HRG 9/14) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO 90 C. HARDY, OWNER, USE 1860 SENECA FOR A TATTOO PARLOR (SOUTH)(PUB HRG 9/14) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO 91 D. JACKSON, OWNER, USE 16 ROUNDS FOR A HSF (UNIV)(NO PUB HRG ) REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE ZONING BOARD APPEALS NO 92 A. PATEL, OWNER, REZONE 220 14 ST, ADDITIONAL PARKING SPACES (NIA)(PUB HRG 9/21 ) REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE ZONING BOARD APPEALS NO 93 D. SALEMI, OWNER, USE 1177 ABBOTT - FREE STANDING LED SIGN (SOUTH)(PUB HRG 9/14) REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE ZONING BOARD APPEALS NO 94 M. TUFILLARO, AGENT, USE 1040 DELAWARE- CONVERT SENIOR HOME TO APTS W /OFFICES AT LOWER LEVEL (NIA)(PUB HRG 9/14) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO 95 R. RUH & OTHERS OPPOSE OUTDOOR CAFE 727 ELMWOOD (DEL) August 16, 2010 "Blue Monk" f /k/a "Merlins" - Bar @ 727 Elmwood Avenue near Breckenridge Dear Mr. Fontana: It has been brought to our attention that a business located at 727 Elmwood Avenue in Buffalo has requested permission from the City of Buffalo Planning Board for operation of a patio in the rear of their premises. We're advised that final approval of a permit for operation of that patio rests with the Common Council. We understand that it may be brought to a vote as soon as September 7 or September 14 of this year. We will not carry on about the decades -long bad experience that our neighborhood has suffered due to the lack of oversight shown by the landlords of this place. The various operators of the place only compounded the problems further. Rest assured that we are not anti - business. We simply desire that business be conducted within the building in question and possibly on the sidewalk in front of the place. We do not want any part of the public space for this operation to intrude in any way into the private space behind our homes and this location. Clearly opening an outdoor patio - where none currently exists - will be bringing the public into our back yards. We do not want that. Attached hereto you will find a copy of a petition signed by a number of concerned neighbors. Please take our concerns to heart and vote against any permit allowing construction and operation of a commercial outdoor patio behind 727 Elmwood Avenue for "Blue Monk" f /k/a "Merlins ". Thank you for your time and attention to our request. Sincerely, Robert B Ruh Jr. REFERRED TO THE COMMITTEE ON LEGISLATION REGULAR COMMITTEES FINANCE (MICHAEL P. KEARNS, CHAIRMAN) NO 96 ERIE COUNTY 2010 ANNUAL REPORT DEPT OF REAL PROPERTY TAX SERVICES CCP# 58, 07/20 Mr. Kearns moved That the above item be the same and hereby is Received and Filed ADOPT NO 97 D. SMITH - CONCERNS REMOVAL OF COPY MACHINE CCP# 63, 07/20 Mr. Kearns moved That the above item be the same and hereby is Received and Filed ADOPT COMMUNITY DEVELOPMENT (MICHAEL J. LOCURTO, CHAIRMAN) NO 98 SCRAP PROCESSOR- 143 FILLMORE AVENUE (ITEM NO. 43, C.C.P., JULY 20, 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 & Inspections Services be, and he hereby is authorized to grant a Scrap Processor Dealer License to Tom Toporczyk, d /b /a Tomson Alloys Recycling, located at 143 Fillmore Avenue. PASSED AYES -9 NOES -0 NO 99 WHOLESALE JUNK DEALER- 143 FILLMORE AVENUE (ITEM NO. 46, C.C.P., JULY 20, 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 Wholesale Junk Dealer License to Tom Toporezyk, d /b /a Tomson Alloys Recycling, located at 143 Fillmore Avenue. PASSED AYES -9 NOES -0 NO 100 C. HAYNES- CONCERNS TOWNE GARDENS PLAZA ( #59, 7/20) That the above item be the same and herby is Received and Filed. ADOPTED NO 101 REPORT OF SALE 79 WALDEN (FILL)(STRAT PLAN) ( #18,5/26)( #56,6/9)( #84,7/7)( #94,9/1)( #66,10/27) That the above item be the same and herby is Received and Filed. ADOPTED LEGISLATION (JOSEPH GOLOMBEK JR., CHAIRMAN) NO 102 N. TAYLOR - NATIONAL FUEL FILES FOR YR FOUR OF CONSERVATION INCENTIVE PROG ( #65, 7/20) That the above item be the same and herby is Received and Filed. ADOPTED NO 103 APPOINTMENT COMMISSIONER OF POLICE (DERENDA)(MAYOR) ( #1, 7/6) That the above item be the same and herby is Received and Filed. ADOPTED RESOLUTIONS NO 104 BY: MR. RICHARD FONTANA AND JOSEPH GOLOMBEK HEALTHCARE DEPENDENT AUDITS WHEREAS, The City of Buffalo has in its employ a substantial number of employees to whom the City provides employee health and dental benefits at an annual cost in excess of sixty -six ($66) million dollars for retired and active employees, and WHEREAS, After employee salaries, health care is the next largest cost center for the city and the annual costs of providing these benefits has continued to rise due to socio- economic conditions beyond the control of the city; and WHEREAS, While the city has taken numerous steps to reduce employee benefit costs in the areas of health and dental care, many feel that the city could benefit from an audit of dependent eligibility for continuing health and dental care benefits; and WHEREAS, Many other organizations including the State of New York, have found that such audits have financially benefited such organizations by identifying ineligible health and dental care recipients and the outcomes have also allowed administrators to determine and install the appropriate Internal Controls to prevent a reoccurrence thereby helping them to better manage benefit costs; and WHEREAS, The City of Buffalo has recently learned that health care benefits were extended to in excess of one - hundred and fifty (150) deceased employees at a cost in excess of $2 million dollars evidencing the need more than ever for a dependent eligibility audit. THEREFORE BE IT RESOLVED, That the Buffalo Common Council requests that the Commissioner of Human Resources work closely with the Office of the City Comptroller to ascertain the need for a health and dental care benefits eligibility audit; and BE IT FURTHER RESOLVED, That should it be determined that such an audit is warranted, that the Comptroller in coordination with the Commissioner of Human Resources, entertain proposals for such an audit; and BE IT FINALLY RESOLVED, That the Comptroller and Commissioner of Human Resources report back to the Common Council as soon as possible, of the need for such an audit and if needed, that additional communications be filed with this Common Council evidencing a copy of the request for proposals for such dependent eligibility audit work, and that subsequent communications to this Council give notice of who the audit work is awarded to, the audit findings, and the outcomes thereof. ADOPT RESOLVES REFER REMAINDER TO THE COMMITTEE ON FINANCE NO 105 BY: RICHARD A. FONTANA ORDINANCE AMENDMENT- CHAPTER 309 -PARKS AND OTHER OPEN SPACES WHEREAS, While opening times for City of Buffalo parks, playgrounds and public school grounds are adjusted for when sunrise occurs, closing times are not currently being adjusted for when sunset will occur; and WHEREAS, Pursuant to Section 309 -25 of the City of Buffalo Code, "Hours," playgrounds and public school grounds shall be closed each night between the hours of 10:00 p.m. and sunrise the following morning, unless otherwise ordered by the Commissioner of Parks; and WHEREAS, The time at which sunset occurs varies greatly throughout the year, with the sun going down as early as 4:30 p.m. during the winter, and as late as 9:00 p.m. in the summer; and WHEREAS, While parks, playgrounds and public school grounds are important community assets, these public areas can become attractive sites for loitering, drug dealing, prostitution and other illicit or illegal activities after dark; and WHEREAS, Restricting the public's access to City of Buffalo parks, playgrounds and public school grounds to daylight hours will make it less likely that these areas will be used for illicit or illegal activities after dark; and WHEREAS, At this time there are no foreseeable legal, fiscal, or logistical impediments to amending Section 309 -25 of the City of Buffalo Code so that parks, playgrounds and public school grounds will close at sunset throughout the year. NOW, BE IT THEREORE RESOLVED, That the Common Council of the City of Buffalo does hereby respectfully direct the Department of Law to immediately draft an ordinance amending § 309 -25 of the City of Buffalo Code, "Hours," so that parks, playgrounds and public school grounds shall close at sunset rather than 10:00 p.m.; and NOW, BE IT FURTHER RESOLVED, That the Common Council of the City of Buffalo does hereby respectfully direct the City Clerk to forward a copy of this resolution and the attached sample ordinance Acting Corporation Counsel of the Department of Law, the Commissioner of the Dept. of Public Works, and the Executive Director of the Buffalo Olmsted Parks Conservancy for their review and comment. REFERRED TO THE COMMITTEE ON LEGISLATION 0 1 WN[oil BY: MR. GOLOMBEK DESIGNATE 394 AND 396 HERTEL AVENUE AS A RAPP LOT Whereas The adjoining properties at 394 -396 Hertel Avenue have been vacant for a number of years; and Whereas 394 and 396 Hertel Avenue is currently owned by the City of Buffalo: and Whereas It would be in the best interest of the neighborhood and the City of Buffalo to designate the vacant lots at 394 and 396 Hertel Avenue as RAPP Lots; Now Therefore Be It Resolved: That this Common Council approves the designation of 394 and 396 Hertel Avenue as RAPP Lots in the City of Buffalo and authorizes the addition of said lots to the maintenance contract with Buffalo Civic Auto Ramps for the duration of its contract; and Be It Further Resolved: That copies of this resolution be sent to the Law Department, Commissioner of Parking and the Department of Public Works. REFERRED TO THE COMMITTEE ON LEGISLATION, DEPARTMENT OF PARKING NO. 107 BY: MR. GOLOMBEK RE: IMPLEMENTING A PROFESSIONAL CITY MANAGER FORM OF GOVERNMENT Whereas: The controversy over the selection process and the appointment of Buffalo's Police Commissioner and Human Resources Commissioner, would not have occurred if the City utilized a professional City Manager form of government; and Whereas: If the City of Buffalo had a professional City Manager, the sole consideration in the selection of Commissioner level appointments would be nationwide searches based on qualifications and not polities; and Whereas: The professional manager form of government combines the leadership of elected officials with strong managerial experience of a professional manager, appointed on the basis of education and experience in managing local government; and Whereas: Fifty -eight percent of all United States cities with populations over 100,000 utilize a professional manager form of government; and Whereas: Buffalo as a city seeking to turn itself around must consider the benefits of implementing a professional City Manager form of government. Now Therefore Be It Resolved: That the Buffalo Common Council does hereby support the creation of a commission consisting of public and private sector representatives appointed by the Council President to research the adoption of a City Manager form of government; and Be It Further Resolved: That this item be referred to an appropriate Committee of the Common Council for further consideration and discussion. REFERRED TO THE COMMITTEE ON LEGISLATION. NO. 108 BY: MR. GOLOMBEK RE: REMOVAL OF KARLA THOMAS AS COMMISSIONER OF HUMAN RESOURCES Whereas: A recent audit by City Comptroller Andrew Sanfilipo revealed that the city's Human Resources Department paid $2.7 million dollars of health insurance for deceased individuals; and Whereas: According to the Comptroller's audit several simple and inexpensive steps could have been taken to prevent the improper and embarrassing expenditure of $2.7 million in taxpayer dollars; and Whereas: A preliminary audit done several months ago revealed the existence of a problem regarding health insurance payments for deceased individuals; and Whereas: Based on the Comptroller's preliminary audit Mayor Byron Brown directed Ms. Thomas as Commissioner of the Human Resources Department to implement several very specific steps to address the issue of paying health insurance for deceased individuals; and Whereas: For reasons yet explained, Ms. Thomas or individuals reporting to her did not implement the specific steps requested by Mayor Brown; and Whereas: The expenditure of $2.7 million dollars on health insurance for dead people is completely unacceptable; and Now Therefore Be It Resolved: That the Buffalo Common Council does hereby support the removal of Karla Thomas as Commissioner of Human Resources and calls upon Mayor Byron Brown to take the appropriate action necessary to remove Ms. Thomas from her position. RECEIVED AND FILED NO. 109 BY: MR. GOLOMBEK THE USA NATIONAL MASTERS CHAMPIONSHIP FLEET FEET 16K RUN INTO BUFFALO Whereas The third annual Fleet Feet 15K run will take place in Buffalo on Monday, September 6, 2010; and Whereas The 2010 race has been designated as the USA National Masters Championship and has attracted runners from across the United States and Canada; and Whereas Starting and finishing on the waterfront at the Erie Canal Harbor, the race which attracts more than 600 runners, takes runners through downtown Buffalo, Delaware Avenue and the Olmsted Parkways; and Whereas Race proceeds support Shoes on Students (SOS), which provides running shoes to local nigh school athletes. This support helps give local high school runners the tools they need to compete at their best; and Whereas Over 800 pairs of running shoes have been donated to young runners who may not be able to afford high quality training shoes that improves an athlete's ability perform at a nigh level; and Whereas The City of Buffalo, and the Common Council, supports and encourages the commitment Fleet Feet has shown to the community and the local student runners of Buffalo; Now, Therefore be it Resolved: That the Common Council does hereby approve waiving any street closing fees by the Department of Public Works Parks & Street for the USA National Masters Championship Fleet Feet 15K Run Into Buffalo being held on September 6, 2010; and Be it Further Resolved: That the organizers of the USA National Masters Championship Fleet Feet 15K Run follow all rules and regulations as set forth by the Department of Public Works, Parks & Streets regarding street closings; and Be it Finally Resolved: That copies of this resolution be sent to Fleet Feet Sports, the Department of Public Works Parks & Streets and the Corporation Counsel. PASSED AYES -9 NOES -0 NO. 110 BY DR. CURTIS HAYNES JR. CREATING A COMMUNITY BUILDING TASK FORCE TO ADDRESS CRIME AND ITS CAUSES IN BUFFALO Whereas: The recent shooting at City Grill in Buffalo and other recent acts of violence have increased and raised general community awareness of the need to focus on short and long -range responses to violence and gun - related crimes; and Whereas: Buffalo's and Western New York's unemployment, under - employment and poverty are seminal causes of creating an environment that becomes a potential breeding - ground for the growth of gangs, crime and violence; and Whereas: High - profile media coverage of the City Grill shootings has created the impression of an uncontrolled escalation in violence; and Whereas: The Mayor, Buffalo Police Department and others in local law- enforcement have announced increased security for Downtown and a new Violent Crime Task Force is being formed to bring together inter - jurisdictional enforcement agencies with the goal of reducing homicides and firearm - related crimes; and Whereas: The involvement of law enforcement is critical to addressing Buffalo's violent crime issues, the recent tragic events at City Grill have made it clear that a successful response to crime must involve community stakeholders; and Whereas: Our City, our residents, our neighborhoods and business districts are all harmed by both the perception and actuality of crime, and share a common desire to build and strengthen our City against both the actuality and perception of violent crime; and Whereas: The tragedies of recent events have the capacity to bring us together as a community, allowing "anti- violence" to become community strengthening, "anti- apathy" to generate personal commitment to our community and "anti- poverty" to a growing understanding of the need for decent - paying employment; and Whereas: Buffalo has a wealth of expertise in its residential, business, educational and religious communities who have all expressed pro- active ideas and approaches to tackling Buffalo's crime issues, and need a method to insure they are heard, their ideas explored and action taken; and Now Therefore Be It Resolved, That this Honorable Body recognizes the tireless work of the Buffalo Police Department and their partners in law enforcement community, and commends them for their swift response to the City Grill shootings and their ongoing efforts to develop and implement new approaches for addressing violent crime, and Be It Further Resolved That: This Honorable Body acknowledges the important roles of Darnell Jackson, Bishop Perry Davis and other community activists in the religious and secular community who by their actions help daily to stem violent crime in our City; and Be It Further Resolved That: This honorable body establish a Community Building Task Force (the "CBTF ") to bring together interested and committed individuals from our residential, business, academic, and religious communities to examine the problems of violent crime and develop out -come oriented recommendations; Be It Further Resolved That: The CBTF shall meet with and report to the Common Council Committee on Community Development, and shall consist of civic and community- minded individuals from Bflo's residential neighborhoods, business community, area schools and universities, local government and law enforcement. Individuals wishing to volunteer for service on this Task Force should forward their name, address, contact information and names of any organizations they represent to their Councilmember or the Common Council President for consideration; and Be it Further Resolved That: The CBTF should be focused on bringing together these multiple perspectives of residential, business, academic, religious and enforcement communities to determine agreed -upon recommendations that could from the basis of a strategic plan; and Be It Further Resolved That; The CBTF work with the Buffalo Police to determine how better relationships can be developed between community and police, especially in areas concerning prevention and solution of violent criminal activity; Be It Further Resolved That; The CBTF consider and evaluate community calls for keeping centers open, establishing hotlines, maintaining job training, counseling and re -entry programs, considering these and other community - generated ideas as approaches to preventing violent criminal activity; and Be It Further Resolved That; The CBTF consider and evaluate business concerns of aggressive panhandling, underage drinking, loitering and violent crime and suggested solutions, including concerns of co- mingling, modification of closing times, curfews, and targeted enforcements, and other business - generated ideas as approaches to preventing violent criminal activity; and Be It Further Resolved That; The CBTF consider and evaluate how to create a relationship with the media that is more sensitive to community concerns and more generative of community cooperation in solving crime, while respecting the media's first amendment rights; Be It Further Resolved That; The CBTF consider and evaluate its recommendations with an eye to potential legislative action by the Common Council; and Be It Finally Resolved That: This Honorable Body does hereby solicit the input of all concerned individuals through the Task Force, and further directs the City Clerk to forward copies of this resolution for review and comment to the Mayor, the Commissioner of Police, the Commissioner of the Department of Community Services, the Board of Block Clubs, the Buffalo School Board, local colleges and universities and the Erie County Legislature. Ellicott District Common Council Member ADOPT 3rd RESOLVE REFER REMAINDER TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 111 SPONSOR: DR. CURTIS HAYNES JR. INVESTING IN THE CULTURAL CORRIDOR - MICHIGAN STREET AFRICAN AMERICAN HERITAGE PROJECT Whereas: The City under the auspices of the Buffalo Urban Renewal Agency (BURA) has made a considerable investment of City and BURA resources into the facility better known as the Langston Hughes Institute which is located on High and Washington Streets; and Whereas: This investment of time and resources has helped Langston Hughes achieve success in their dealings with their community partners and contributed to improving the quality of life for City residents; and Whereas: The Langston Hughes Institute subsequently entered into an agreement with BURA, that in the event the facility was sold, that one, half of the proceeds of the sale would be returned to BURA; and Whereas: Langston Hughes did in fact sell their facility for a net of $800,000, and has returned to BURA the sum of $400,000; and Whereas: These monies, if invested in the Michigan Street African American Heritage Project in the area of Michigan Avenue known as the Cultural Corridor, could make a substantial impact on the growth and the rebirth of this historically significant area and add to the investment made by such other organizations in the immediate area such as the Colored Musicians Club, the Michigan Street Baptist Church and the Edward Nash House Museum and the proposed relocation site of the Langston Hughes Institute. Now Therefore Be It Resolved: That this Common Council hereby requests of BURA that they take immediate steps to create a budgetary amendment to earmark the $400,000 received from the Langston Hughes sale proceed, for improvements to the Cultural Corridor portion of Michigan Avenue; and Be It Further Resolved: That a certified copy of this resolution be forwarded to the Mayor and BURA together with a request that they comment on their efforts to improve the Cultural Corridor portion of Michigan Avenue to include the use of the proceeds from the sale of the Langston Hughes Institute property. ADOPT RESOLVES, REFER THE REMAINDER TO REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT 01WN6`a BY: MR. RIVERA RESOLUTION IN SUPPORT OF "BREAKOUT" WHEREAS: Breakout was founded in 2004 to bring hope and restoration to urban communities by serving them mad meeting them at the place of their physical and spiritual needs; and WHEREAS: Breakout connects suburban and urban churches and organizations to meet its goal of empowering youth to serve, to use their talents and abilities, and to make a lasting impact in the community; and WHEREAS: Breakout is led by Jon Hasselbeck (Founder /Director), Daryl Boss (Projects Director /Coordinator), Joy Boss (Program Coordinator), Tammy Cole (Food Coordinator), Pastor Angel Gauthier (Community Liason /Host), Yolande Hasselbeck (Administrator); and WHEREAS: Breakout has partnerships with Xertion Youth, Prince of Peace Church, Northgate Community Church, The Tabernacle (Bishop Tommy Reid), New Covenant Tabernacle (Pastor Dan Hamlin), Victory Christian Center (Pastor Ron Freidersdorf), Ross Family Ministries, C.O.P., Simple Way Community Church, Life Church (Pastor Craig Mcleod), IV Entertainment, Daniel Papp Construction, Buffalo Roof, The City of Buffalo, David Homes; and WHEREAS: Breakout activities are sponsored by generous organizations such as Alside, Sherwin Williams, Subway, Lenco Lumber, Tops, Tim Hortons, New Creation Signs, Ball Septic, Waste Management, Doubletree; and WHEREAS: The annual church -led "Breakout" has been a very active service to the residents of the City of Buffalo through its many projects including paint removal and application, rebuilding porches, repairing roofs, landscaping, and many others; and WHEREAS: Between 2004 and 2009 Breakout completed 40 service projects in the City of Buffalo, 20 service projects in Rochester, and 15 service projects in Syracuse; and WHEREAS: This year alone Breakout completed 24 projects on the West Side of Buffalo for example; Roof Tear Off /Sheet /Shingle (4), sidings(3), paintings (10), porch replacements (2), Demolition (1), landscaping (1), and Miscellaneous (3); and WHEREAS: Breakout is indebted to its sponsors, partners and the 1000's of volunteers, especially the tireless efforts of members like Jim McGiunis, Kyle Krans, Daniel Papp, Mike Kokanovich, Jake Kokanovich, Walt Crowe, Micah Wendt, Mike Territo, Why'EI Benny, Holly Crowe, Mercede Overton, Pastor Josh Hamlin, Pastor Jeremy Ziegler, Pastor Kevin Cole; and WHEREAS: The City of Buffalo recognizes the economical and social benefits of the annual "Breakout" has provided to area residents; and WHEREAS: The City of Buffalo strongly feels that the leaders of "Breakout" deserve their due recognition. NOW THEREFORE BE IT RESOLVED that the Common Council of the City of Buffalo honors Breakout volunteers, sponsors, and partners for their commitment to bringing hope and restoration to the city of Buffalo. ADOPTED NO. 113 SPONSOR: BONNIE E. RUSSELL PERMISSION TO HANG BANNERS FOR HOLY ANGELS ACADEMY Whereas: The upcoming academic year will be Holy Angels Academy's 150 year of educating young women in the City of Buffalo; and Whereas: To commemorate the 150 anniversary of Holy Angels Academy and build awareness of the school and its mission, Holy Angels Academy is requesting permission to hang several banners on Hertel Avenue and Shoshone Street in the University District; and Whereas: These banners will hang on pole numbers 1906, 1930 and 1946 on Hertel Avenue and pole numbers 22, 40 and 64 on Shoshone Street; and Whereas: In recognition of the school's 150 anniversary, these banners will hang for a period of 12 months following their installation. Now, Therefore, Be It Resolved: That the City of Buffalo proudly supports the mission of Holy Angels Academy; and Be It Further Resolved: That the City of Buffalo hereby permits Holy Angels Academy to hang banners on pole numbers 1906, 1930 and 1946 on Hertel Avenue and pole numbers 22, 40 and 64 on Shoshone Street to commemorate their 150 anniversary and build awareness of the school and its mission. The banners will be installed in September 2010 and stay up until September 2011; and Be It Finally Resolved: That said banners must be in accordance with all conditions, restrictions, and requirements as set forth by the City of Buffalo and violate no existing laws. Bonnie E. Russell University District Council Member PASSED AYES -9 NOES -0 NO. 114 BY MRS RUSSELL BUDGET AND PERSONNEL AMENDMENT 66 - PERMITS & INSPECTION SERVICES 1161 - PERMITS 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 65 - Permits & Inspection Services, 1151 - Permits which currently reads: 3 License Inspector $40,628 to $46,298 Is hereby amended to read: 2 License Inspector $40,628 to $46,298 1 Data Control Clerk $33,303 to $37,249 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 foreg6ing ordinance as being the appropriate Civil Service title for the proposed position JAMES W. COMERFORD, COMMISSIONER OF PERMITS & INSPECTION SERVICES 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. REFERRED TO THE COMMITTEE ON FINANCE NO. 116 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 The Schiller Park Senior Citizen Center By Councilmember Mr. Fontana In Memoriam for Myrtice AlexanderGoodrum- Darden By Councilmember Dr. Curtis Haynes, Jr. In Memoriam for Jeanice Elaine McMillan By Councilmember All Council Members ADOPTED BY: DEMONE A SMITH NO. 116 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 Davette M. Patton Hassan Farah TOTAL2 ADOPTED BY: DEMONE A SMITH NO. 117 APPOINTMENTS COMMISSIONER OF DEEDS That the following persons are hereby appointed as Commissioner of Deeds for the term ending December 31,2010, conditional, upon the person so appointed certifying under oath to their qualifications and filing same with the City Clerk: Rhonda D. Henderson Karen A. Tuncciarelli Karen S. Coleman TOTALS ADOPTED NO. 118 ANNOUNCEMENT OF COMMITTEE MEETINGS The following meetings are scheduled. All meetings are held in the Common Council Chambers, 13 floor City Hail, Buffalo, New York, unless otherwise noted. Reaular Committees Committee on Civil Service Tuesday, September 14, 2010 at 9:45 o'clock A.M. Committee on Finance following Civil Service Tuesday, September 14, 2010 at 10:00 o'clock A.M. Committee on Comm. Dev. Tuesday, September 14, 2010 at 1:00 o'clock P.M. Committee on Legislation Tuesday, September 14, 2010 at 2:00 o'clock P.M. (Public Disclaimer): All meetinas are subiect to chanae and cancellation by the respective Chairmen of Council Committees. In the event that there is sufficient time aiven for notification. it will be provided. In addition. there may be meetinas set uD wherebv the Citv Clerk's Office is not made aware: therefore. unless we receive notice from the respective Chairmen. we can only make notification of what we are made aware. NO. 119 ADJOURNMENT On a motion by Mr. Fontana, Seconded by Mr. Kearns, the Council adjourned at 3:10 PM GERALD CHWALINSKI CITY CLERK SPECIAL SESSION JULY 27, 2010 AT 12:55 P.M. 1. Call for Special Session R &F 2. Discharge Finance — Agrmt COB & Ctr for Employment Opp. ADOPT 3. Agreement COB & Ctr for Employment Opp. Inc. APP 4. Discharge Legislation — Use 582 Grant - Sidewalk Patio ADOPT 5. Use 582 Grant — Sidewalk Patio APP 6. Banner- W. Chippewa St. ADOPT 7. 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 26, 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 26, 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 27, 2010 at 12:55 P.M. and waive the 24 hour notice for the following purpose: To receive and take appropriate action on: All Items Relating To 1. Discharge Finance - Agrmt COB & Ctr for Employment Opp. 2. Discharge Legislation - Use 582 Grant- Sidewalk Patio 3. Banner - Chippewa St Yours very truly, David A. Franczyk President of the Council RECEIVED AND FILED July 26, 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 pertaining to 1. Discharge Finance - Agrmt COB & Ctr for Employment Opp. 2. Discharge Legislation - Use 582 Grant- Sidewalk Patio 3. Banner - Chippewa St We request that this Special Meeting be held on July 27, 2010 at 12:55 P.M. David A. Rivera Michael J. LoCurto Curtis Haynes Jr. Michael P. Kearns David A. Franczyk 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 RIVERA BONNIE E. RUSSELL DEMONE SMITH hereby agrees that twenty -four (24) hours' notice be waived of the time and purpose of the Special Meeting of the Common Council duly called to be held on July 27, 2010 at 12:55 P.M. David A. Rivera Michael J. LoCurto Curtis Haynes Jr Bonnie E. Russell Michael P Kearns Richard A Fontana Demone Smith Joseph Golombek Jr STATE OF NEW YORK COUNTY OF ERIE) ss: CITY OF BUFFALO) On this 26th day of July 2010, before me, the subscribers, personally appeared 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 July 26, 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 26, 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 27, 2010 at 12:55 P.M. for the following purpose: To receive and take appropriate action on all items relating to 1. Discharge Finance - Agrmt COB & Ctr for Employment Opp. 2. Discharge Legislation - Use 582 Grant- Sidewalk Patio 3. Banner - Chippewa St Yours very truly, Gerald A. Chwalinski City Clerk NO. 2 DISCHARGE FINANCE COMMITTEE - AGREEMENT - COB & CTR FOR EMPLOYMENT OPPORTUNITIES INC. (NO. 47, CCP 7/20/10) Mr. Fontana moved that Whereas, the above item is currently in the Finance Committee and, Whereas, it is no longer necessary for this item to be considered by that committee, Now Therefore Be It Resolved, that this Common Council does hereby discharge the Committee from further consideration of this item, and it is now before the Common Council for its consideration. Seconded by ADOPTED. NO3 AGREEMENT COB & CTR FOR EMPLOYMENT OPP. 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: 1. Grant the Commissioner and the Department the specific authority to enter into a Memorandum of Understanding (a copy of the agreement is attached hereto). 2 Authorize the Department and /or other appropriate City staff to take all such steps and actions and to execute and /or process such additional documentation and /or modifications thereto as shall be necessary to facilitate the terms and provision of the agreement. 3. Direct the Corporation Counsel and other appropriate City and Department personnel to negotiate to finalization said agreement and other necessary documentation and agreements wherever necessary for execution and actual implementation. Tanya Perrin - Johnson Commissioner of Community Services and Recreation Programming Mr. Fontana moved That the Commissioner of Community Services and Recreational Programming is hereby authorized to enter into a Memorandum of Understanding as attached to the Communication; that the Department and /or other appropriate City Staff are authorized to take all such steps and actions and to execute and /or process such additional documentation and /or modifications hereto as shall be necessary to facilitate the terms and provisions of the agreement; and 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. That the last two pages attached to said communication entitled "Extension Agreement" were erroneously filed and therefore said two pages are received and filed without taking any further action thereon. PASSED AYES -9 NOES -0 N04 DISCHARGE LEGISLATION COMMITTEE -USE 582 GRANT ST FOR SIDEWALK PATIO (NO. 68, CCP 7/20/10) Mr. Fontana moved that 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 Committee from further consideration of this item, and it is now before the Common Council for its consideration. Seconded by ADOPTED. N06 J. LIU, OWNER, USE 582 GRANT ST FOR SIDEWALK PATIO (NORTH)(NO PUB HRG) PASSED AYES -9 NOES -0 N06 SPONSOR: CURTIS HAYNES, JR. PERMISSION TO HANG BANNERS ON WEST CHIPPEWA ST. WHEREAS, Buffalo, New York's Fashion Weekend is being held at the Buffalo Niagara Convention Center on September 16 2010; and WHEREAS, Buffalo, New York's Fashion Weekend is being produced by RPM Entertainment Productions, Inc., a 14 -year old special events, design and video production company based in Buffalo with a reputation for quality and professionalism; and WHEREAS, Buffalo, New York's Fashion Weekend is intended to promote both popular & higher end designers and labels typically seen in larger cities that are gaining popularity in Buffalo and promote, awareness of the retail outlets that carry this merchandise, and generate excitement around the fashion community in Buffalo; and WHEREAS, Buffalo, New York's Fashion Weekend, in addition to brining the excitement and dynamics found at Fashion Week NYC to Buffalo, will benefit a worthy cause, the Juvenile Diabetes Research Foundation; and WHEREAS, In order to promote this special event, representatives from RPM Entertainment Productions, Inc., are seeking permission to hang an informational banner between August 16 2010 and September 17 2010 on wires that have been pre -hung at the following locations: 1. SOHO Bar, 64 West Chippewa St., Buffalo, NY 14202 2. Bottoms Up, 69 West Chippewa St., Buffalo, NY 14202 NOW THEREFORE BE IT RESOLVED, That the City of Buffalo proudly supports Buffalo, New York's Fashion Week; and BE IT FURTHER RESOLVED, That the Common Council of the City of Buffalo grants permission to RPM Entertainments Productions, Inc., to hang an informational banner to promote Buffalo, New York's Fashion Week between August 16 2010 and September 17 2010 on wires that have been pre - hung at the following locations: 1. SOHO Bar, 64 West Chippewa St., Buffalo, NY 14202 2. Bottoms Up, 69 West Chippewa St., Buffalo, NY 14202; and BE IT FINALLY RESOLVED, That said banners must meet all requirements of pertinent City departments and violate no existing laws. ADOPT N07 ADJOURNMENT On a motion by Mr. Fontana, Seconded By Mrs. Russell, the Council adjourned at 2:02 P.M. 1:7x61:11D /AIN- SPECIAL SESSION August 4, 2010 AT 2:45 P.M. 1. Call for Special Session1. Call for Special Session R &F 2. Resolution - Land Disposition APP 3. Waterfront Neighborhood Community Development Agreement TABLE 4. Adjourn R &F Special Session August 4, 2010 At: 2:45 PM 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 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 the Mayor, dated August 3, 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 August 4, 2010 at 2:45 P.M. for the following purpose: To receive and take appropriate action on: All Items Relating To 1. Waterfront Neighborhood Community Development Agreement Yours very truly, David A. Franczyk President of the Council RECEIVED AND FILED CITY OF BUFFALO BYRON W. BROWN MAYOR August 3, 2010 Hon. David A. Franczyk Common Council President 1315 City Hall Dear Council President Franczyk: Pursuant to §3 -9 of the City Charter, please take notice of my written request to you to convene a special meeting of the Common Council on August 4, 2010 at 2:00 p.m. for the purpose -of taking action on the attached Waterfront Community Development Agreement as amended to reflect the requested changes as communicated by Majority Leader Richard Fontana. Time is of the essence, as I have been advised that we have an opportunity to participate in HSBC's plans for redevelopment which will be considered by HSBC officials in London, England. By failing to act on the land transfer as contemplated in the Waterfront Community Development Agreement, the City of Buffalo could be eliminated from consideration in HSBC's redevelopment plans and the loss of a significant number of jobs. I therefore urge the Honorable body of the Common Council to approve this agreement at tomorrow's special meeting. As I consider this matter to be of the highest importance to the future of the City of Buffalo, I will be personally attending the Special meeting mad would like to, address the Common Council. Sincerely, Byron W. Brown Mayor MAYOR BYRON W. BROWN TESTIMONY BEFORE BUFFALO COMMON COUNCIL SPECIAL MEETING REGARDING WATERFRONT COMMUNITY DEVELOPMENT AGREEMENT SUBMITTED Wednesday, August 4, 2010 BUFFALO, NEW YORK As Mayor of the City of Buffalo, I am pleased to present to you my testimony regarding the proposed Waterfront Community Development Agreement, which was submitted to your honorable body on July 19, 2010. 1 thank you for providing me the opportunity to address you this afternoon during this special meeting on an issue that I believe is at the heart of the future of Buffalo's waterfront development and the future of economic development throughout our entire city. I thank Council Majority Leader Richard Fontana for working with my Administration in trying to move this matter forward and I urge his fellow Council members to take action that will preserve jobs in the City of Buffalo, as well as create the opportunity for bringing additional new jobs into the city. Since taking office, my Administration has sought to create a more business - friendly environment that creates the opportunity for new investment, economic development and, most importantly, job creation for our city's residents. Often, the private sector moves quickly when making decisions on investment options or the redevelopment of its business activities in a given market. This is the case with HSBC Bank and its operation in the City of Buffalo. I do not take the potential loss of a single job in Buffalo lightly and will do everything I can to prevent that from happening. In fact, I take the issue of HSBC's review of their redevelopment plans so seriously, I traveled to New York City last month to meet in person with the bank's Chief Executive Officer for North America operations. It was during that meeting and my subsequent discussions with HSBC representatives that I learned the seriousness of the bank's current review of its redevelopment plans for its operations in Buffalo and our region. To emphasize how important this issue is to our city, I yesterday invoked a rarely used section of the City Charter because I do not think the Waterfront Community Development Agreement that has been submitted to the Common Council can or should wait for your action until the Council comes out of its summer recess in September. There are times when the importance of a particular issue warrants action and this is absolutely one of those instances. I did not take this matter lightly. I stated yesterday that Buffalo is at a crossroads. By voting for the Waterfront Community Development Agreement, this Common Council increases the chance that HSBC will stay in Downtown Buffalo, retaining 4,000 jobs and potentially adding hundreds more. If that is not motivation enough, Erie Canal Harbor Development Corporation is offering to pay the City of Buffalo almost twice the appraised value of the land owned by the City of Buffalo and puts this property on the city tax rolls. The funds from this transfer of land expands the benefits of waterfront development into our neighborhood commercial districts. These funds will then be invested in the city's neighborhood business districts, directed by a committee made up of the Commissioner of Public Works, the city's Executive Director of Strategic Planning, a representative of the Empire State Development Corporation, the Council member representing the neighborhood business district, and a representative of the neighborhood business district chosen by myself and the Council member. The funds are designed to improve the neighborhood business districts, help create jobs for our residents and the board is designed to see that the money is spent quickly and efficiently. My administration has worked diligently to be discrete with the information known about HSBC's site location process. Discretion is a common practice with businesses that approach the city, but discretion is particularly important with a local institution with the global prominence of HSBC. The discretion is further magnified knowing the enormity of the decision before HSBC and the significance of its impact on downtown Buffalo. It is important to recognize that HSBC is one of the largest employers in Downtown employing approximately 4000 people in good paying jobs and that the potential exists for HSBC to bring hundreds of additional jobs to downtown Buffalo. HSBC has communicated to my office that the transfer of land to the Erie Canal Harbor Development Corporation is important to its site location decision. While public misinterpretations and misstatements can be harmful to business transactions, HSBC paid Buffalo the extraordinary courtesy of informing the city of an action that will be important to its site location decision. As I stated earlier, the land transfer agreement puts this property in the Canal Side area back onto the city's tax rolls. The agreement also recognizes that the Erie Canal Harbor Development Corporation will work to see that jobs at Canal Side are filled with city residents, and that local businesses, including minority and women -owned businesses will have opportunities in the Canal Side development. Erie Canal Harbor Development Corporation also agrees to meet green building design standards. Furthermore, the transfer of land to ECHDC leads to the creation of over 3,000 construction jobs at Canal Side that benefit from a project labor agreement and at least 2,000 permanent jobs once Canal Side is fully occupied. If the Common Council of the City of Buffalo does not approve this agreement at this time, then the Common Council will send, I believe, a message that is not helpful to business investment in Buffalo. The Canal Side Waterfront Plan is a rare opportunity for the City of Buffalo. Coupled with the neighborhood business district economic development plan, the commitments of ECHDC regarding jobs for city residents and opportunities for local businesses, and now, the known interest of HSBC in the land included in this transfer, should be reason enough for the Common Council to act without hesitation at this opportunity. I took the extraordinary measure of calling this special meeting and speaking because the Common Council has before it an extraordinary decision the consequences of which will be felt in this community for years - maybe decades to come. I cannot state more emphatically the importance of this issue and the responsibility the Common Council has to help move our city forward. Members of the Common Council, I ask that you vote to maintain the level of progress we are finally achieving on Buffalo's waterfront. I ask that you vote to increase the opportunity for new investment in our city. Most importantly, Common Council members, I ask you to support this Waterfront Community Development Agreement that will create jobs for our residents now and for years to come. Thank you for the opportunity to present this testimony. 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 August 4, 2010 at 2:45 PM. David A. Rivera Joseph Golombek Jr David A. Franczyk Richard A. Fontana Michael LoCurto Curtis Haynes Michael P Kearns Bonnie E Russell STATE OF NEW YORK COUNTY OF ERIE) ss: CITY OF BUFFALO) On this 3rd day of August 2010, before me, the subscribers, personally appeared 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 August 2, 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 August 2, 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 August 4, 2010 at 2:00 P.M. for the following purpose: To receive and take appropriate action on all items relating to 1. Waterfront Neighborhood Community Development Agreement Yours very truly, Gerald A. Chwalinski City Clerk NO2 SPONSORS: MICHAEL P. KEARNS; DAVID A. FRANCZYK; DAVID A. RIVERA; CURTIS HAYNES, JR.; MICHAEL J. LOCURTO; APPROVE SALE OF WEBSTER BLOCK TO ECHDC TO ENCOURAGE HSBC'S EXPANSION WHEREAS, The Common Council of the City of Buffalo has long advocated for development of a Waterfront that our city, region and residents can be proud of; and WHEREAS, Efforts to develop our Waterfront and the proposed "Canalside" site are currently" being managed by the Board of Directors of the Erie County Harbor Development Corporation ( "ECHDC "), a subsidiary of the Empire State Development Corporation; and WHEREAS, The Common Council has been asked to approve the sale of certain parcels of City -owned land to ECHDC, including the "Webster Block," in order to further ECHDC's vision for the development of the Waterfront and Canalside area; and WHEREAS, In the last several days however, it has come to light that ECHDC has made their primary focus for securing Canalside tenants to persuading HSBC to build a "Center of Excellence" on the site of the "Webster Block." It has been communicated that unless the Common Council approves the land transfer of the Webster Block in the next few days, HSBC, one of the city and regions major employers, could possibly be dissuaded from expanding their presence in the City of Buffalo and could conceivably vacate the City entirely, resulting in the loss of'4,000" jobs; and WHEREAS, The Common Council strongly supports keeping HSBC in Buffalo and is in favor of the transfer of the Webster Block to ECHDC to allow HSBC with planning certainty and the possibility of securing the right to exclusively develop this land should they proceed with the possibility to expanding to the Webster Block. NOW THEREFORE BE IT RESOLVED, That the Common Council continues to strongly support the development of Buffalo's Waterfront and the planed Canalside Project; and BE IT FURTHER RESOLVED, That the Common Council is prepared to approve the transfer of the Webster Block, defined as "parcel 6" on the "Exhibit A" of the original land transfer request filed with the Common Council and consisting of 1.9 acres bounded by Main Street, Perry Street, Washington Street and Scott Street, if a reversionary interest is retained by the City whereby all fights and ownership of such land that are transferred EHCDC under such agreement automatically revert back to the City of Buffalo if such land is not developed by ECHDC in the one year period immediately following the execution of such land transfer; and BE IT FUTHER RESOLVED, That the Common Council directs the Corporation Counsel of the City of Buffalo to immediately draw up all necessary and supporting documents to enable the transfer of the Webster Block to ECHDC with the City retaining aforementioned reversionary interest; and BE IT FINALLY RESOLVED, That a certified copy of this resolution be forwarded to the Mayor of the City of Buffalo, the Board of Directors of ECHDC, appropriate officials at HSBC Bank, and the Corporation Counsel of the City of Buffalo. PASSED AYES - Franczyk, Haynes, Kearns, LoCurto, Rivera - 5 NOES — Fontana, Golombek, Russell, Smith - 4 NO3 WATERFRONT COMMUNITY DEVELOPMENT AGREEMENT Copy available for review in the City Clerk's Office Motion made by Mr. Rivera, Seconded by Mr. LoCurto TABLED AYES — Franczyk, Haynes, Kearns, LoCurto, Rivera — 5 NOES — Fontana, Golombek, Russell, Smith — 4 NO.4 ADJOURNMENT On a motion by Councilmember Fontana, Seconded by Mrs. Russell, the Council adjourned at 4:00 P.M. GERALD A. CHWALINSKI CITY CLERK 1. Call for Special Session 2. Webster Parcel Land Disposition 3. Adjourn Mr. Gerald A. Chwalinski City Clerk 1308 City Hall Buffalo, New York SPEACIAL SESSION AUGUST 5, 2010 AT 10:15 PM R &F APP R &F NO. 1 CALL FOR SPECIAL SESSION Dear Mr. Chwalinski: Pursuant to Section 3.9 of the Charter of the City of Buffalo, upon the written request of Five Councilmembers, dated August 5, 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 August 5, 2010 at 10:15 P.M. for the following purpose: To receive and take appropriate action on : 1. Webster Block Agreement Yours very truly, David A Franczyk President of the Council RECEIVED AND FILED August 5, 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 and waive the 24 hour notice, pursuant to Section 3.9 of the Charter of the City of Buffalo, for the following purpose: To receive and take appropriate action on 1. Webster Block LDA We request that this special meeting be held on August 5, 2010 at 10:15 PM RICHARD A FONTANA MICHAEL PASSED KEARNS CURTIS HAYNES JR MICHAEL J LOCURTO DAVID A RIVERA 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 CURTIS HAYNES JR MICHAEL LOCURTO BONNIE E. RUSSELL JOSEPH GOLOMBEK MICHAEL KEARNS DAVID RIVERA DEMONE SMITH hereby agrees that twenty -four (24) hours' notice be waived of the time and purpose of the Special Meeting of the Common Council duly called to be held on August 5, 2010 at 10:15 P.M. RICHARD A. FONTANA MICHAEL P. KEARNS CURTIS HAYNES JR DAVID A RIVERA BONNIE E. RUSSELL DEMONE SMITH JOSEPH GOLOMBEK STATE OF NEW YORK COUNTY OF ERIE) ss: CITY OF BUFFALO)On this 5 th day of August 2010, before me, the subscribers, personally appeared 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. J Gerald A. Chwalinski Commissioner of Deeds, in and for the City of Buffalo, N.Y. My Commission expires 12/31/10 August 5, 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 August 5, 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 August 5, 2010 at 7:00 P.M. for the following purpose: To receive and take appropriate action on 1. Webster Block Agreement Yours very truly, Gerald A. Chwalinski NO. 2 LAND DISPOSITION AGREEMENT FOR WEBSTER BLOCK I hereby request that your Honorable Body authorize the Mayor to execute a land disposition agreement solely for the transfer and conveyance of the property identified as parcel 6 on the Exhibit "A" of the original land transfer request filed with the Common Council and consisting of 1.9 acres, commonly known as the Webster Block, and bounded by Main Street, Perry Street, Washington Street, and Scott Street (hereinafter "the Property ") subject to the following material terms and conditions set forth herein and to additional non- material terms and conditions as authorized and required by the acting Corporation Counsel. This grant of authority is limited to the Property with any other parcels identified in Exhibit "A" being subject to separate approval by the Common Council. TERM SHEET FOR LAND DISPOSITION AGREEMENT 1. City will sell Erie Canal Harbor Development Corporation ( "ECHDC "), and ECHDC will purchase from City, the Property and pay therefore, the appraised value of threemillion three hundred and twenty thousand dollars ($3,320,000.00). 2. As a 'condition precedent to the transfer of a deed for the Property to ECHDC, HSBC Bank USA, NA must select the property for the construction of a new facility primarily for the professional /administrative and /or back office functions of HSBC Bank USA, NA as evidenced by a letter from an authorized official of HSBC Bank USA, NA informing the City of Buffalo Mayor and the Common Council of the selection. The City must receive the letter by January 1,2011, or at such a later time, as approved by the Common Council and signed by the Mayor, or else the Land Disposition Agreement shall terminate. 2. Ten percent (10 %) of the purchase price, three hundred twenty thousand dollars ($320,000) shall be paid on account and the balance shall be paid by ECHDC to City in cash or by certified funds at the time of delivery of the deed conveying the Property to ECHDC. The deposit shall be non - refundable. 4. ECHDC agrees to abide and be bound by all the terms and conditions of the Waterfront Community Development Agreement (hereinafter "WCDA ") filed with the Common Council of the City of Buffalo on August 3, 2010 subject to: (i) a reduction in the monetary consideration from $10,000,000 to $6,680,000 reflecting the purchase price of the Property and the equal distribution of three million three hundred and twenty thousand dollars ($3,320, 000.00) between the nine commercial districts and the Citywide fund, and (ii) the removal of the Property identified herein from the Project area identified in the WCDA ( "Remaining Parcels "), (iii) the consideration provided by ECHDC for the City's interest in the Remaining Parcels identified in the August 3, 2010 WCDA shall be equally distributed between the nine commercial districts and the Citywide Fund established therein if said agreement be approved by the Common Council. (iv) the revenue from the purchase price for the Property of three million three hundred and twenty thousand dollars ($3,320,000.00) shall be placed in a segregated account within the general fund to be spent according to any subsequent agreement reached with ECHDC on the transfer of the Remaining Parcels. All other terms and conditions of the WCDA shall remain the same for ECHDC, and ECHDC be bound and abide by the terms and conditions of the WCDA until such time as the Common Council approves the WCDA, as filed, or with such additional terms and conditions as may be negotiated. The Remaining Parcels (Le., those parcels other than the Property) shall be transferred to ECHDC per the terms of the WCDA filed August 3, 2010 with the above exceptions and subject to such additional terms and conditions as may be negotiated prior to Common Council approval. 5. ECHDC agrees to pay all closing costs and expenses related to title and survey work of the Property. 6. ECHDC shall receive a quit -claim deed from the City and take the Property "as is, where is, and with all faults," including but not necessarily limited to environmental and title faults. 7. The Agreement incorporating these terms shall be subject to the further approval of the Buffalo Fiscal Stability Authority, the Erie Canal Harbor Development Corporation Board, the Urban Development Corporation d /b /a as Empire State Development Corporation Board of Directors, the New York State Division of Budget, and the New York State Public Authorities Control Board The City believes that the proposed use of the Property by HSBC Bank USA, NA is generally consistent with the intent of the Canal Side project currently being undertaken by Redeveloper described in Section 2 of the Redeveloper's Final Generic Environmental Impact Statement affirmed by Redeveloper on March 13, 2010, in the Property and surrounding sites were intended for a mix of uses including commercial and office space. Mr. Fontana moved: That the Common Council adopts the Findings Statement ratified by the Erie Canal Harbor Development Corporation on March 13, 2010 and filed with the Common Council thereafter and finds the proposed use of the Property by HSBC Bank USA, NA is generally consistent with the intent of the Canal Side Project currently being undertaken by Redeveloper as described in Section 2 of the Redeveloper's Final Generic Environmental Impact Statement (FGEIS) and affirmed by Redeveloper on March 13, 2010, in that the Property and surrounding sites were intended for a mix of uses including commercial and office space. That the Common Council hereby authorizes the Mayor to execute a Land Disposition Agreement solely for the transfer and conveyance of the property identified as Parcel 6 on the Exhibit "A" of the original land transfer request filed with the Common Council and consisting of 1.9 acres, commonly known as the "Webster Block ", and bounded by Main Street, Perry Street, Washington Street and Scott Street (hereinafter "the Property ") subject to the material terms and conditions set forth in the attached communication and to additional non- material terms and conditions as authorized and required by the acting Corporation Counsel. This grant of authority is limited to the Property, with any other parcels identified in Exhibit "A" being subject to separate approval by the Common Council. This authorization is made with the express understanding that "the consideration" referenced in Paragraph "4 ", Subsection "iii" of the attached communication amounts to $6,680,000.00 (Six Million, Six Hundred and Eighty Thousand Dollars and Zero cents). Passed. AYES -9 NOES -0 NO. 3 ADJOURNMENT On a Motion by Mr. Fontana the Council adjourned at 10:35 PM seconded by Mr. Golombek