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Home My WebLink About10-1005-0916pp (2)NO. 18 PROCEEDINGS OF THE CITY OF BUFFALO OCTOBER 5, 2010 POLICE & FIRE PENSION SEPTEMBER 16, 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 N *Cluj Ir e V Z K S] k� i h� i 111 i 9 4 *1 CIVIL SERVICE COMMITTEE: Bonnie E. Russell Chairman, Michael P. Kearns, Richard A. Fontana, Curtis Haynes Jr., David A. Rivera - Members CLAIMS COMMITTEE: David A. Rivera Chairman, Richard A. Fontana, Michael P. Kearns, Bonnie E. Russell - Members COMMUNITY DEVELOPMENT COMMITTEE: Michael LoCurto, Chairman, Richard A. Fontana, Joseph Golombek Jr., David A. Rivera, Demone Smith - Members FINANCE COMMITTEE: Michael P. Kearns, Chairman, Curtis Haynes Jr., Michael J. LoCurto, David A. Rivera, Bonnie E. Russell - Members. LEGISLATION COMMITTEE: Joseph Golombek Jr., Chairman, Richard A. Fontana, Curtis Haynes Jr., Michael LoCurto, David Rivera - Members. RULES COMMITTEE: David A. Franczyk, Chairman, Richard A. Fontana, David A. Rivera - Members SPECIAL COMMITTEES Members BUDGET COMMITTEE: Richard A. Fontana, Chairman, Michael P. Kearns, Michael J. LoCurto, Bonnie E. Russell - EDUCATION COMMITTEE: Demone Smith, Chairman, Richard A. Fontana, Curtis Haynes Jr.- Members MINORITY BUSINESS ENTERPRISE COMMITTEE: Demone Smith Chairman, Richard A. Fontana, Joseph Golombek Jr., Curtis Haynes Jr. — Members PARKS OVERSIGHT: Demone A. Smith, Chairman, Richard A. Fontana, Curtis Haynes Jr., Michael P. Kearns, Michael J. LoCurto - Members POLICE OVERSIGHT: Richard A. Fontana, Chairman, Curtis Haynes Jr., Michael P. Kearns, David A. Rivera, Bonnie E. Russell. Demone Smith — Members Members PUBLIC TRANSPORTATION: Michael P. Kearns, Chairman, Richard A. Fontana, Michael J. LoCurto, David A. Rivera - WATERFRONT DEVELOPMENT COMMITTEE: Michael P. Kearns, Chairman, Joseph Golombek, Jr, Michael J. LoCurto, David A. Rivera, members INVOCATION PLEDGE TO FLAG DATE October 5. 2010 "Final" MAYOR 1. Appt /Reappoint Examining Board of Plumbers(Lackie)(Ando, Johnson) APP,COLL MAYOR - EXECUTIVE 2. Buffalo Arts Comm - Request to Approve Donation of Public Art APP 3- 2A. Strat Plan -Renew Lease Agmt Btwn COB & Bflo Society of Natural Sciences Use of 1020 Humboldt Pkwy(Masten) FIN 4- 3. Strat Plan- Report of Sale -3149 Bailey(Univ) APP 5- 4. Strat Plan- Report of Sale -233 Hamburg(Fill) APP 6- 5. Strat Plan- Report of Sale -189 Kentucky(Fill) APP 7- 6. Strat Plan- Report of Sale -42 Mulberry(Ell) APP 8- 7. Strat Plan - Utility Easement Agreement -245 Porter(Ell) APP 9- 8. Strat Plan -Appt Exec Asst to Exec Dir of Strat Plan(Exempt)(Boulware- Wright) CS COMPTROLLER 10- 9. Certificate of Necessity -Human Resources R &F 11- 10. Certificate of Necessity -Inv & Stores R &F MANAGEMENT IFORMATION SYSTEMS 12- 11. Appts- Computer Programmer (3 step)(Prov)(SanFilipo)(Barker) CS PUBLIC WORKS 13- 12. Notification Serials- 10570,10563 -64 (Waive 45 Days) R &F 14- 13. Change in Contract - Amherst St Traffic Signal Imp(Var) APP 15- 14. Change in Contract - Broadway Market(Fill) APP 16- 15. Change in Contract- City Hall Emergency Generator APP 17- 16. Change in Contract Mill & Overlay(All Dist) APP 18- 16A. Change in Contract Overlay of City Streets BURA Funded -2010 APP 19- 16B. Change in Contract Resurfacing of City Pavements 2010 APP 20- 16C. Permission to Accept Funds -Dept of Housing Urban Devel Economic Devel Initiative Spec Proj APP 21- 17. Permission to Engage Services- Consultant Colonel Ward Treatment Plant APP 22- 18. Report of Bids -City Hall 311 Center(Ell) APP 23- 19. Report of Bids -Curb & Sidewalk Replacement- B U RA Funded APP 24- 20. Report of Bids - Northwest CC 1 sc Floor Air Conditioning(North) APP 25- 21. Report of Bids - Replacement of Site Specific Sidewalks APP 26- 22. Request to Purchase Equipment(Snow Plows) APP 27- 23. Request to Purchase Vehicle APP 28- 24. Trade in of Vehicles APP POLICE 29- 25. Request Donating Outdated Radios to BMHA APP PERMITS AND INSPECTIONS 30- 26. Restaurant Dance License Renewal -2897 Bailey(Univ) APP 31- 27. Restaurant Dance License Renewal -946 Elmwood(North) APP 32- 28. Second Hand Dealer -70 Allen(Ell) APP 33- 29. Second Hand Dealer -3411 Bailey(Univ) LEG 34- 30. Sidewalk Cafe 67 W. Chippewa(aka 69 W Chippewa)New Owner(Ell) APP W /COND PARKING 35- 31. Appt Superintendent Pkg Meters & Enforc(Prov)(Max)(Barone) CS CITY CLERK 36- 32. Liquor License Applications R &F 37- 33. Appoint Common Council Legislative Aide(Weaver) ADOPT 38- 34. Notices of Appointments - Council Interns ADOPT 39- 35. Notices of Appointments- Mayors Program R &F 40- 36. Notices of Appointment - Seasonal R &F 41- 37. Notices of Appointments- Temp /Prov /Perm CS MISCELLANEOUS 42- 38. Bflo Nia Med. Campus- City -Wide Collaboration Unveils Vision Bldg Healthier Community R &F 43- 39. L. Goldberg- Request to Purchase Computer FIN 44- 40. J. Golombek -Bflo News Article -Brown Skimped When Recruiting Key Posts LEG 45- 41. D. Jackson - Interest in Shared Asset For - Justice Fund FIN 46- 41 A. M. Kearns - Preliminary Assessment Notices FIN 47- 41 B. J. Pajak - Olmstead Pks -Peace Bridge Proj MOA with Federal Hgwy Admin. CD 48- 42. J. Pajak- RFP'S- Recyclable Material FIN 49- 43. J. Pajak - Supporting Grant Documentation Bflo Weed n Seed R &F 50- 44. R. Planter- Concerns Safety on Leland Ave(South) LEG 51- 45. P. Wallinder- Request Docking Permit Along Seawall of Canal Side W /FRONT,PW 52- 45A. T. Williams- Concerns 114 Wyomina CD 53- 46. J. Witthohn- Interest in Dog Licensing & Dog Tag Program FIN, CTYCLK PETITIONS 54- 47. M. Judd, Agent, Use 220 Katherine - Alterations & Renov. Convert Bldg to Offices & Pkg Area(Fill)(Hrg 10/12) LEG,CPBD 55- 48. P. Tantillo, Owner -Use 1066 Elmwood - Convert Take -Out Rest & Apt to Sit -Down Rest. (North)(H rg 10/12) LEG,CPBD 56- 48A. R. Panaro, Agent, Use 1200 Hertel Ave - Center Space for a Sit Down Restaurant(Del)(pub hrg 10/19) LEG,CPBD RESOLUTIONS 70- 49. Golombek Amending the Police Commissioner Job Requirements ADOPT FINAL RES, REM LEG 71- 50. Golombek Grant Permission to Hang Banner on Elmwood Ave ADOPT 72- 51. Golombek Limiting Amount of Fulltime Employees in Individual Council Offices 73- 52. Haynes Sale of Former Public School 36 74- 52A. Kearns Ireland Is An Island Nation 75- 53. Kearns Transfer of Funds -HR 76- 54. Kearns Transfer of Funds -Inv & Stores 77- 55. LoCurto Appoint Common Council Senior Legislative Assistant(Bray) 78- 55A. Russell Budget & Personnel Amend ment- Parkina 79- 56. Russell Budget & Personnel Amendment - Police 80- 57. Smith Felicitations in Memorium SUBMISSION LIST OF COMMITTEE ITEMS FOR THE COUNCIL MEETINGS FINANCE 57- 1. Com 48 Sept 7 Approval to Accept KFC Donation(Fire) LEGISLATION 58- 2. No 47 Sept 21 M. Knoll, Agent, Use 2080 Niagara -Erect Gas Station (North)(pub hrg 9/28) 59- 3. No 48 Sept 21 J. Popiela, Agent, Use 62 S. Elmwood -Erect Pole Sign w /LED Section(EII)(no hrg) 60- 4. No 49 Sept 21 D. Byrd and J. Giles, Agents, Use 178 Walden Ave for a HSF (Fill)(no pub hrg) 61- 5. Com 33 Sept 21 Restaurant Dance License Renewal -681 Main (EII)(EDPI) 62- 6. Res 78 Sept 21 Ordinance Amendment -Ch 337 - Preservation Standards 63- 7. No 74 Sept 21 Lodging House License -541 Walden(Fill)(EDPI)( #41,5/11) 64- 8. No 61 July 20 L. Kostek- Concerns -Heart of the City Neighborhood's Project "Cynthia Gardens /Barker Commons" 65- 9. Com 3 Sept 7 Pres Bd- Preservation Code Amendment 66- 10. Res 97 July 20 Ord Amendment -Ch 337 Preservation Standards 67- 11. No 56 June 22 J. Makowski -Req Independent Audit - Marine Dr Apartments 68- 12. No 59 June 8 J. Brem- Concerns Closing of Nursing Homes 69- 13. No 36 May 12 J. Golombek- Problems at Shaffer Village CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO TUESDAY, OCTOBER 5, 2010 AT 2:00 P.M. ADOPT 1 ST RES THE SECOND TO LEG CD ADOPT FIN APP ADOPT FIN APP ADOPT APP APP W /COND APP W /COND R &F APP W /COND APP RECOMMITT R &F R &F R &F FIN R &F R &F 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 September 21, 2010 were approved. FROM THE MAYOR NO. 1 EXAMINING BOARD OF PLUMBERS Pursuant to Article 40-A, Section 311 of the Charter of the City of Buffalo, I hereby appoint the following individuals to serve on the Examining Board of Plumbers for 3 year terms, commencing immediately and expiring on September 30, 2013. Appointment: Brian Lackie, 714 Abbott Road, Buffalo, New York, 14220. Mr. Lackie currently serves as Chief Pollution Control Inspector for the City of Buffalo Division of Water and fulfills the boards requirement as a Journeyman Plumber. He is replacing Joseph Ferraro. Reappointments: Anthony Ando, 256 Cumberland Avenue, Buffalo, New York, 14213. Mr. Ando currently serves as Chairman of the Examining Board of Plumbers and Chief Plumbing Inspector for the City of Buffalo. Lenny L. Johnson, 1039 Niagara Street, Buffalo, New York, 14213. Mr. Johnson is President of L & D Johnson Plumbing and Heating, Inc. and fulfills the boards requirement as a Master Plumber. Ex- Officio: Jim Eagan, 32 Eiseman, Kenmore, New York, 14217. Mr. Eagan is the Chief Sanitary Engineer for the Buffalo Sewer Authority and is replacing Frank DiMascio. I hereby certify that the above named individuals are fully qualified to serve as members of the Examining Board of Plumbers. Mr. Fontana moved: That the above communication from the Mayor dated October 1, 2010, be received and filed; and That the appointments and reappointments to the Examining Board of Plumbers for 3 year terms, commencing immediately and expiring on September 30, 2013 of Brian Lackie, residing at 714 Abbott Road, Anthony Ando, residing at 256 Cumberland, Lermy L. Johnson, residing at 1039 Niagara and Ex- Offico Jim Eagan, residing at 32 Eiseman, Kenmore are hereby approved on the condition that they do not owe any outstanding liens to the City of Buffalo. PASSED AYES -9 NOES -0 FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE ARTS COMMISSION NO. 2 REQUEST TO APPROVE DONATION OF PUBLIC ART The Buffalo Arts Commission is requesting permission from your Honorable Body to approve the acceptance of a donation of a photographic portrait of Mayor Frank X. Schwab. The donation is from his family. There is no cost involved in this transaction. The portrait will be on display in City Hall. Mr. Fontana moved: That the above communication from the Buffalo Arts Commission dated October 5, 2010— be received and filed; and That the Executive Director of the Buffalo Arts Commission be, and he hereby is authorized to accept a donation of a photographic portrait of Mayor Frank X. Schwab on behalf of the City of Buffalo. PASSED AYES -9 NOES -0 FROM THE OFFICE OF STRATEGIC PLANNING NO. 3 RENEW LEASE AGREEMENT BETWEEN THE CITY OF BUFFALO AND THE BUFFALO SOCIETY OF NATURAL SCIENCES FOR USE OF 1020 HUMBOLDT PKWY. (A.K.A. PORTION OF 175 NORTH PARADE) - MASTEN DISTRICT The Office of Strategic Planning, Division of Real Estate, has received a request from Mark Mortenson of the Buffalo Museum of Science requesting to -renew their lease agreement for use of 1020 Humboldt Parkway (also known as a portion of 175 North Parade). This lease shall commence retroactively on May 1 2010 and expire on April 30, 2015 a other terms and conditions of the expired lease shall remain. The lease terms shall include but not limited to the following: 1. Annual rental fee shall be $1.00 and no more. 2. The City shall be responsible for only those items which can be covered by a bond issue, including additions to the building and /or reconstruction, as defined by the New York State Finance Law, and any other capital improvements necessary to keep the building and the premises and grounds thereof and all facilities, equipment and appurtenances thereof in good, safe and sound condition and repair, including but not limited to: a. Replacement of roofing, gutters, conductors, fences, sidewalks and sewers. b. Replacement of heating, ventilation and air conditioning equipment. c. Keep the roadways, sidewalks, grounds and approaches in good condition and passable for use. 3. The Society shall perform all ordinary and minor repairs necessary to keep and maintain the building and the premises and grounds thereof and all the equipment, fixtures and appurtenances thereof in good, safe and sound condition and repair. Such maintenance by the Society shall include, but shall not be limited to the following items: a. Furnish and install light bulbs, tubes or fuses. b. Make minor repairs to plumbing, i.e. replace faucet bibs, adjust or replace closet valves, remove stoppages in sick traps and toilet bowls. c. Make adjustments and minor repairs to oil and gas burners, heating equipment and air conditioning. d. Do routine glazing. e. Adjust and repair door locks and door check. f. Do all interior painting g. Provide housekeeping maintenance to keep the said premises in a clean and sanitary condition. 4The Society shall not assign this lease nor sublet all or any part of the building without the prior written consent of the City, which consent shall not be unreasonable withheld. Notwithstanding the foregoing sentence, groups, societies or other entities which are affiliated with the Society may occupy portions of the building without the City's prior written consent. 5. The cost of utilities shall be governed pursuant to the provisions contained in a separate agreement between the Board of Education of the City of Buffalo and the Buffalo Society of Natural Sciences, Inc., such agreement made on the 28 day of January, 1998 and commonly known as a "Phase II Agreement ". 6. The Lessee will provide liability insurance and hold the City harmless from any and all liability, in an amount determined by the City's Corporation Counsel's Office. This office recommends that Your Honorable Body renew their present lease agreement for an additional five -year period commencing retroactively on May 1, 2010 and terminating on April 30, 2015. 1 am further recommending that Your Honorable Body authorize the Corporation Counsel to prepare the necessary documents to renew said lease and that the Mayor be authorized to execute the same. REFERRED TO THE COMMITTEE ON FINANCE. NO.4 REPORT OF SALE 3149 BAILEY, N COR. E AMHERST LOT SIZE: 95'X 115.95' ASSESSED VALUATION: LAND $11,100.00 • TOTAL: $100,000.00 (UNIVERSITY DISTRICT) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Patrick Mansfield on behalf of the Westminster Foundation, P.O. Box 3352, Buffalo, New York 14240 to purchase 3149 Bailey. The property located at 3149 Bailey consists of 12,800 square feet building situated on a lot having a frontage of 95' x 116'. The property was acquired by the City of Buffalo through tax foreclosure in 2008 and is in very poor condition. The Westminster Foundation intends to acquire this property and adjacent building, demolish the structures and construct and operate a new facility to house an early childhood center and other educational programs. The project will be financed with funding from the Federal Government, M & T Bank and the John R. Oishie Foundation. Total project costs are estimated at Five to Six Million Dollars. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections 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 the purchaser. Westminster Foundation has commissioned Mr. Michael Gluc M.A.I., of Northeastern Appraisal Associates Commercial Inc., to estimate the Fair Market Value of the subject property. He has estimated the Fair Market Value of 3149 Bailey as of July 22, 2010 to be Twenty Five Thousand Dollars ($25,000.00). The City of Buffalo Appraisal Review Board has reviewed the appraisal report and concurs with the appraiser's estimate of value. Westminster Foundation has agreed and is prepared to pay Twenty Five Thousand Dollars ($25,000.00) for the subject property. They have also agreed to pay for the cost of the transfer tax, recording fees and real estate appraisal. I am recommending that Your Honorable Body approve the sale of 3149 Bailey to Westminster Foundation in the amount of Twenty Five Thousand Dollars ($25,000.00). 1 am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. Mr. Fontana moved: That the above communication from the Office of Strategic Planning dated September 29, 2010, be received and filed; and That the offer from Mr. Patrick Mansfield on behalf of the Westminster Foundation, P.O. Box 3352, Buffalo, in the sum of Twenty- Five Thousand Dollars ($25,000.00) for the purchase of 3149 Bailey, be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of tire and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES -9 NOES -0 NO. 5 REPORT OF SALE 233 HAMBURG, 100' S SOUTH PARK LOT SIZE: 30'X 150, WAP 6.60'X 26' NE CORNER ASSESSED VALUATION: $2,000.00 (FILLMORE DISTRICT) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. William Metzger, 571 South Park Avenue, Buffalo, New York 14204 to purchase 233 Hamburg. Mr. Metzger owns an office building at 571 South Park, a vacant lot at 577 South Park and a one family house at 583 South Park. He intends to expand his property line and use for additional green space which are all adjacent to 233 Hamburg. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. The Division of Real Estate has investigated the sale of similar lots in the subject area. Sales range from Fifty Cents ($.50) to One Dollar and Ten Cents ($1.10), per square foot. Mr. Metzger has agreed and is prepared to pay Two Thousand Seven Hundred Dollars ($2,700.00), Sixty Cents ($.60) 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 233 Hamburg to Mr. William Metzger in the amount of Two Thousand Seven Hundred Dollars ($2,700.00). 1 am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. Mr. Fontana moved: That the above communication from the Office of Strategic Planning dated September 27, 2010, be received and filed; and That the offer from Mr. William Metzger, residing at 571 South Park Avenue, in the sum of Two Thousand and Seven Hundred Dollars ($2,700.00) for the purchase of 233 Hamburg, 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. 6 REPORT OF SALE 189 KENTUCKY, 175' N O'CONNELL LOT SIZE: 25'X 102' ASSESSED VALUATION: $1,600.00 (FILLMORE DISTRICT) The Office of Strategic Planning, Division of Real Estate has received a request from the Ms. Lenette C. Mitchell, 187 Kentucky Street, Buffalo, New York 14204 to purchase 189 Kentucky. Ms. Mitchell owns and resides at 187 Kentucky which is adjacent to 189 Kentucky. This vacant lot will be used for additional green space. The Division of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. The Division of Real Estate has investigated the sale of similar lots in the subject area. Sales range from Fifty Cents ($.50) to One Dollar and Ten Cents ($1.10), per square foot. Ms. Mitchell has agreed and is prepared to pay One Thousand Seven Hundred Dollars ($1,700.00), Sixty Five Cents ($.65) 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 189 Kentucky to Ms. Lenette Mitchell in the amount of One Thousand Seven Hundred Dollars ($1,700.00). 1 am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. Mr. Fontana moved: That the above communication from the Office of Strategic Planning dated September 28, 2010, be received and filed; and That the offer from Ms. Lenette C. Mitchell, residing at 187 Kentucky Street, in the sum of One Thousand and Seven Hundred Dollars ($1,700.00) for the purchase of 189 Kentucky, 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. 7 REPORT OF SALE 42 MULBERRY, 205' N GOODELL LOT SIZE: 25'X 100' ASSESSED VALUATION: $1,400.00 (ELLICOTT DISTRICT) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. George K. Arthur, Jr., 154 Roebling Avenue, Buffalo, New York 14215 to purchase 42 Mulberry Street. Mr. Arthur owns a two family dwelling at 61 Maple, which is adjacent to 42 Mulberry. He intends to use the vacant lot for additional green space for his tenants. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. The Division of Real Estate has investigated the sale of similar properties in the subject area. Sales range from Fifty Cents ($.50) to Seventy Five Cents ($75), per square foot. Mr. Arthur has agreed and is prepared to pay One Thousand Three Hundred Dollars ($1,300.00), Fifty Cents ($.50) per square foot for the subject property. He has also agreed to pay for the cost of the transfer tax and recording fees. As a matter of disclosure, Mr. George K. Arthur, Jr. is a Buffalo Firefighter and has complied with all procedures to acquire this property. I am recommending that Your Honorable Body approve the sale of 42 Mulberry to Mr. George K. Arthur, Jr. 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. Fontana moved: That the above communication from the Office of Strategic Planning dated 2010, be received and filed; and That the offer from Mr. George K. Arthur, Jr., residing at 154 Roobling, in the sum of One Thousand and Three Hundred Dollars ($1,300.00) for the purchase of 42 Mulberry, be and hereby is accepted; and That the transfer tax, recording foes 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. 8 UTILITY EASEMENT AGREEMENT NIAGARA MOHAWK FOR USE OF 245 PORTER- SCHOOL NO. 3 ELLICOTT DISTRICT The Office of Strategic Planning, Division of Real Estate, has received a request from the Board of Education to approve the attached easement agreement for Niagara Mohawk, along with a Utility Rider. The request is being made in order to allow and provide for electrical upgrades to School No. 3, located at 245 Porter Avenue, as described and shown in the attached proposed legal description and map. This office has contacted the Corporation Counsel's Office, the Department of Public Works, Parks & Streets and the Land Use Planning Committee and they have no objections to this easement. I am recommending that Your Honorable Body approve the attached easement agreement pursuant to Corporation Counsel review and approval as to form. I am further requesting Your Honorable Body to authorize the Mayor to execute the same. Mr. Fontana moved: That the above communication from the Office of Strategic Planning dated September 24, 2010, be received and filed; and That the Director of Real Estate be, and he hereby is authorized to enter into an easement agreement between the City and Niagara Mohawk Power Corporation, in order to allow and provide for electrical upgrades to School No. 3, located at 245 Porter Avenue. That the Acting Corporation Counsel be, and he hereby is authorized to review and approve the Utility Easement Agreement as to form and to make any non - material changes or additions necessary to effectuate the intent of the Agreement and that the Mayor be authorized to execute the same. PASSED AYES -9 NOES -0 NO. 9 CERTIFICATE OF APPOINTMENT Appointment effective September 30, 2010 in the Department of Executive, Division of Strategic Planning to the position of Executive Assistant to the Executive Director, Exempt at the flat salary of $42,297 Lanette Boulware- Wright, 127 Harvard Place, Buffalo, NY 14209 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMPTROLLER NO. 10 CERTIFICATE OF NECESSITY TRANSFER OF FUNDS PFRS Pension Human Resources We, Byron W. Brown, Mayor and Andrew A. SanFilippo, Comptroller, do hereby certify, pursuant to §20 -12 of the Charter, that it is necessary that the sum of $270,000 be transferred and reappropriated from the Police and Fire Pension to the Department of Human Resources, as set forth below: From: Police and Fire Retirement System 17303002 - 423002 PFRS Pension $355,000 To Human Resources 12554006 - 432004 Engineering and Technical $270,000 12554006 - 454000 Advertising $85,000 Dated: Buffalo, NY, September 24, 2010 RECEIVED AND FILED NO. 11 CERTIFICATE OF NECESSITY TRANSFER OF FUNDS I INVENTORY & STORES TIRE ROOM We, Byron W. Brown, Mayor and Andrew A. SanFilippo, Comptroller, do hereby certify, pursuant to §20 -12 of the Charter, that it is necessary that the sum of $60,000 be transferred and reappropriated from Inventory & Stores as set forth below: From: Administration & Finance - Inventory & Stores $60,000 11781005 - 465002 Sp Tire Tube To: Public Works - Streets 15050005 - 465002 Sp Tire Tube $60,000 Dated: Buffalo, NY, August 9, 2010 RECEIVED AND FILED FROM THE COMMISSIONER OF MANAGEMENT INFORMATION SYSTEMS NO. 12 CERTIFICATES OF APPOINTMENT Appointments effective June 30, 2010 to the position of Computer Programmer, Provisional appointment at the 3 rd step of $48,912 Janet SanFilipo, 215 Saranac Ave, Buffalo, NY 14216 Kathryn Barker, 246 Prospect Ave, Buffalo, NY 14201 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO. 13 NOTIFICATION SERIAL # 10570 REPEAL ONE -WAY STREET DIRECTION LELAND DRIVE - WESTBOUND FROM SOUTH PARK AVENUE TO ZOLLARS AVENUE (SOUTH DISTRICT) ONE -WAY STREET DIRECTION - REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Section 22 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: ONE WAY STREET DIRECTION NAME OF STREET DIRECTION OF TRAFFIC MOVEMENT Leland Drive westbound from South Park Avenue to Zonars Avenue This action reverses the temporary installation of one way on Leland Drive. (Notification Serial 10303) NOTIFICATION SERIAL #10563 NO STANDING - REPEAL ON MAIN STREET, WEST SIDE BETWEEN EDWARD STREET AND WEST FERRY STREET ( ELLICOTT DISTRICT) NO STANDING - REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 22 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: NO STANDING PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD DAILY Main Street, west side 7 AM TO 10 AM between Edward Street and Except Sunday West Ferry Street This action is being taken to remove an outdated parking restriction on a street with a much lower volume of traffic than there was when the restriction was installed. NOTIFICATION SERIAL # 10564 NO STANDING - REPEAL ON MAIN STREET, EAST SIDE BETWEEN GOODELL STREET AND EAST FERRY STREET ( ELLICOTT DISTRICT) NO STANDING - REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days aider the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 22 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: NO STANDING PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD - DAILY Main Street, east side 4 pm- 6:30 pm between Goodell Street Except Sunday and East Ferry Street This action is being taken to remove an outdated parking restriction on a street with a much lower volume of traffic than there was when the restriction was installed. RECEIVED AND FILED NO 14 CHANGE IN CONTRACT AMHERST STREET TRAFFIC SIGNAL IMPROVEMENTS CONTRACT # 93000216 PIN# 5756.80 NORTH, DELAWARE, MASTEN AND UNIVERSITY DISTRICTS PRIOR COUNCIL REFERENCE: (Item NO. 28 C.C.P. 03/16/04) Contract Summary: Contract Amount $135,412.00 + Amount of Change Order $ 44.758.30 Revised Contract Amount $180,170.30 City share of Change Order- $ 2,237.91 1 hereby submit to your Honorable Body the following change for this contract. Hatch Mott MacDonald Inc. is the Consultant for the Amherst Street Traffic Signal Improvements Project for the City of Buffalo. This contract provided for the construction management and inspection of this project. Due to unforeseen circumstances, which included phasing changes to the intersection of Amherst and Military, the project exceeded the expected construction period by several months. This increase is necessary to fund additional design, construction management and inspection services needed for this project. This increase specifically deals with the improvement of signal phasing and signage at the intersection of Amherst and Military to increase safety and meet City of Buffalo standards. Details of the design and inspection work is attached. This is a federally funded project and the funding breakdown is 80% Federal, 15% State and 5% City. I certify that this increase is fair and equitable for the work involved, and request that your Honorable Body approve the subject change order and authorize the Commissioner of Public Works, Parks and Streets to issue said increase for $44,758.30. of this amount 5% or $2,237.91 is the City share of the change. The Federal and State portions ( 95% ) have already received approval. The funds are available in Capital Project Account #31960206- 445600 Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated September 28, 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 Hatch Mott MacDonald Inc., an increase in the amount of $44,758.30, as more fully described in the above communication, for work relating to Amherst Street Traffic Signal Improvements, Contract #93000216, PIN #5756.80. Funds for this project are available in Capital Project Account #31960206-445600. PASSED AYES -9 NOES -0 NO 16 CHANGE IN CONTRACT BROADWAY MARKET BOILER REPLACEMENT JOB #0970 FILLMORE DISTRICT I hereby submit to Your Honorable Body the following changes for the Broadway Market, Boiler Replacement, John W. Danforth Co., C #93000598. 1. Additional asbestos work required due to leaking pipes on the Add $ 2,530.00 1 sc floor found to contain asbestos. The foregoing change results in a net increase in the contract of Two Thousand Five Hundred Thirty and 00/100 Dollars ($2,530.00) Summary: Original Contract Amount $167,900.00 Change Order #1 Add $ 26,367.00 Amount of This change Order ( #2) Add $ 2,530.00 Revised Contract Amount $196,797.00 Costs have been reviewed by the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in 32320106 445100 — Division Of Buildings. Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated September 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. 2 to John W. Danforth Co., an increase in the amount of $2,530.00, as more fully described in the above communication, for work relating to the Broadway Market Boiler Replacement, Job #0970, Contract #93000598. Funds for this project are available in 32320106 - 445100 - Division of Buildings. PASSED AYES -9 NOES -0 NO 16 CHANGE IN CONTRACT CITY HALL EMERGENCY GENERATOR JOB #0946 ELLICOTT DISTRICT I hereby submit to Your Honorable Body the following changes for City Hall, Emergency Generator, CIR Electrical, C #93000555. 1. November 2009 price increase for the generator package due $ 3,572.22 to delay in contract approval. The foregoing change results in a net increase in the contract of Three Thousand Five Hundred Seventy Two and 221100 Dollars ($3,572.22). Summary: Original Contract Amount $165,900.00 Amount of This Change Order ( #1) Add $ 3,572.22 Revised Contract Amount $169,472.22 Costs have been reviewed by the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in 24490627 474100 - MIS. Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated September 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. 1 to CIR Electrical, an increase in the amount of $3,572.22, as more fully described in the above communication, for work relating to the City Hall, Emergency Generator, Job #0946, Contract #93000555. Funds for this project are available in 24490627 474100 - MIS. PASSED AYES -9 NOES -0 NO 17 CHANGE IN CONTRACT MILL & OVERLAY - VARIOUS LOCATIONS IN THE CITY OF BUFFALO CONTRACT # 93000464 PIN# 6769.16 ALL DISTRICTS PRIOR COUNCIL REFERENCE: (Item No. 21 C.C.P. 03/31/09 1 hereby submit to your Honorable Body the following change for this contract. Hatch Mott MacDonald. is the Consultant for the Mill & Overlay Project ( Various Locations in the City) for the City of Buffalo. This contract provided for the construction management and inspection on the base bid work of this project. This project was based on a construction budget of $800,00.00 in work with proposed alternates as funds became available. The City of Buffalo has obtained an additional $375,000.00 of ARRA funding and has incorporated the alternate work into the project. This increase is necessary to fund additional inspection Services needed for alternate work on this project. This is 100% ARRA funde project. I certify that this increase of $ 29,750.00 is fair and equitable for the work involved. The ARRA funds ( 100% ) have already received approval. The funds are available in Capital Project Account # 31820006 - 445600. Original Contract Amount: $125,000.00 Previous Co's $ 0.00 This CO $ 29.750.00 Contract Amount $154,750.00 Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated September 28, 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 Hatch Mort MacDonald Inc., an increase in the amount of $29,750.00, as more fully described in the above communication, for work relating to Mill & Overlay - Various Locations, Contract #93000454, PIN #5759.15. Funds for this project are available in Capital Project Account #31820006 - 445600. PASSED AYES -9 NOES -0 Original Contract Amount $878,268.60 Change Order #1 $296,731.00 Change Order #2 $213.331.00 Total Contract to Date $1,388,330.60 Funds are available in Capital Projects Accounts to be named at a later date. This is for CDBG year 35/36 paving. I respectfully certify that this change order is fair and equitable for the work involved, and respectfully request that Your Honorable Body approve the subject change order and authorize the Commissioner of Public Works, Parks & Streets to issue said change order to Destro & Brothers Concrete Co., Inc. Mr. Fontana moved: That the Common Council hereby authorizes a Change Order to Contract #93000590 for Overlay of City Streets (BURA Funded) — 2010 Group #707 in the amount of #213,331.00 to the City's contract with Destro & Brothers Concrete Co., Inc. PASSED AYES -9 NOES -0 NO 19 CHANGE IN CONTRACT RESURFACING OF CITY PAVEMENTS 2010 GROUP #711 AMHERST PAVING, INC, CONTRACT #93000622 1 hereby submit to your Honorable Body the following unit price additions to the contract for the above named Project. This change order is necessary to make asphalt repairs at the Buffalo Zoo. The paving request by Donna Fernandez- Executive Director is for general upkeep, zoo accreditation and public safety. The locations are as follows: Area #1 - Maintenance Vehicle Parking Lot - Mini -mill & Machine Pave @ 1" depth - 18,984 sq.ft. Area #2 - Vanishing North - Mini -Mill & Machine Pave @ 1" depth - 5,325 sq.ft. Area #3 - Concession Area- Peel Asphalt & Machine /Hand Pave @ 3" depth - 15,474 sq.ft. Area #4 - Main Parking Lot- Reconstruction - 121,500 sq. ft. Contract Description Unit Estimated Estimated Item Price Quantity Cost 90.500 Miscellaneous Construction Lump Sum 100% $421,000 Total Change Order $421,000 Existing Contract Amount $2,694,648 Change Order #1 $ 421.000 Total Contract to Date $3,115,648 Final payment for this work will be the actual time, equipment and material based on average construction rates for this type of work. Funds are available in account(s) #33311406 - 445100, #33311106 - 445100 and another account to be named at a future date. A specific bond had been sold for $421,000 for the Buffalo Zoo improvements. I respectfully certify that this change order is fair and equitable for the work involved, and respectfully request that Your Honorable Body approve the subject change order and authorize the Commissioner of Public Works, Parks & Streets to issue said change order to Amherst Paving, Inc. Mr. Fontana moved: That the Common Council hereby approves a Change Order in the amount of $421,000 for resurfacing of City Pavements 2010, Group #711 to the City's contract with Amherst Paving, Inc. PASSED AYES -9 NOES -0 NO 20 PERMISSION TO ACCEPT FUNDS DEPARTMENT OF HOUSING & URBAN DEVELOPMENT ECONOMIC DEVELOPMENT INITIATIVE SPECIAL PROJECTS Permission is hereby requested from Your Honorable Body to accept a $196,000.00 award through the Department of Housing and Urban Development. This Economic Development Initiative Special Projects was acquired through a Congressional appropriation. The funds will finance a Broadway garage reuse feasibility study and emergency site stabilization for possible conversion. Mr. Fontana moved: That the Department of Public Works, Parks and Streets is hereby authorized to accept a $196,000 award through the Department of Housing and Urban Development to finance a Broadway Garage reuse feasibility study and emergency site stabilization for possible conversion. PASSED AYES -9 NOES -0 NO 21 PERMISSION TO ENGAGE SERVICES OF CONSULTING ENGINEER NO 18 CHANGE IN CONTRACT OVERLAY OF CITY STREETS BURA FUNDED -2010, GR. #707 CONTRACT #93000590 1 hereby submit to your Honorable Body the following unit price additions to the contract for the above named Project. This change order is necessary to increase unit quantities to complete additional paving at the following locations: Delaware District Coburg — St. Lawrence to Kenmore Linwood — Lafayette to West Delavan $77,777 Niagara District Lafayette — Niagara to Grant $77,777 North District Eckhert — Vulcan to Roesch Bridgeman — Amherst to Chandler $57,777 Contract Item Description Unit Price Estimated Quantity Estimated Cost 02.403 Milling Existing Pavement $1.70 /sq.yds. 23,000 $ 39,110.20 403.1701 Asphalt Concrete - Type 6 $63.00 /ton 2,625 /tons $165,375.00 12.110 Maintenance & Protection 100% 1 /lump sum $ 8.845.80 of Traffic Total Change Order $213,331.00 Original Contract Amount $878,268.60 Change Order #1 $296,731.00 Change Order #2 $213.331.00 Total Contract to Date $1,388,330.60 Funds are available in Capital Projects Accounts to be named at a later date. This is for CDBG year 35/36 paving. I respectfully certify that this change order is fair and equitable for the work involved, and respectfully request that Your Honorable Body approve the subject change order and authorize the Commissioner of Public Works, Parks & Streets to issue said change order to Destro & Brothers Concrete Co., Inc. Mr. Fontana moved: That the Common Council hereby authorizes a Change Order to Contract #93000590 for Overlay of City Streets (BURA Funded) — 2010 Group #707 in the amount of #213,331.00 to the City's contract with Destro & Brothers Concrete Co., Inc. PASSED AYES -9 NOES -0 NO 19 CHANGE IN CONTRACT RESURFACING OF CITY PAVEMENTS 2010 GROUP #711 AMHERST PAVING, INC, CONTRACT #93000622 1 hereby submit to your Honorable Body the following unit price additions to the contract for the above named Project. This change order is necessary to make asphalt repairs at the Buffalo Zoo. The paving request by Donna Fernandez- Executive Director is for general upkeep, zoo accreditation and public safety. The locations are as follows: Area #1 - Maintenance Vehicle Parking Lot - Mini -mill & Machine Pave @ 1" depth - 18,984 sq.ft. Area #2 - Vanishing North - Mini -Mill & Machine Pave @ 1" depth - 5,325 sq.ft. Area #3 - Concession Area- Peel Asphalt & Machine /Hand Pave @ 3" depth - 15,474 sq.ft. Area #4 - Main Parking Lot- Reconstruction - 121,500 sq. ft. Contract Description Unit Estimated Estimated Item Price Quantity Cost 90.500 Miscellaneous Construction Lump Sum 100% $421,000 Total Change Order $421,000 Existing Contract Amount $2,694,648 Change Order #1 $ 421.000 Total Contract to Date $3,115,648 Final payment for this work will be the actual time, equipment and material based on average construction rates for this type of work. Funds are available in account(s) #33311406 - 445100, #33311106 - 445100 and another account to be named at a future date. A specific bond had been sold for $421,000 for the Buffalo Zoo improvements. I respectfully certify that this change order is fair and equitable for the work involved, and respectfully request that Your Honorable Body approve the subject change order and authorize the Commissioner of Public Works, Parks & Streets to issue said change order to Amherst Paving, Inc. Mr. Fontana moved: That the Common Council hereby approves a Change Order in the amount of $421,000 for resurfacing of City Pavements 2010, Group #711 to the City's contract with Amherst Paving, Inc. PASSED AYES -9 NOES -0 NO 20 PERMISSION TO ACCEPT FUNDS DEPARTMENT OF HOUSING & URBAN DEVELOPMENT ECONOMIC DEVELOPMENT INITIATIVE SPECIAL PROJECTS Permission is hereby requested from Your Honorable Body to accept a $196,000.00 award through the Department of Housing and Urban Development. This Economic Development Initiative Special Projects was acquired through a Congressional appropriation. The funds will finance a Broadway garage reuse feasibility study and emergency site stabilization for possible conversion. Mr. Fontana moved: That the Department of Public Works, Parks and Streets is hereby authorized to accept a $196,000 award through the Department of Housing and Urban Development to finance a Broadway Garage reuse feasibility study and emergency site stabilization for possible conversion. PASSED AYES -9 NOES -0 NO 21 PERMISSION TO ENGAGE SERVICES OF CONSULTING ENGINEER FOR THE NEXT PHASE OF SECURITY IMPROVEMENTS AT THE COLONEL WARD TREATMENT PLANT (ELL) I respectfully request that Your Honorable Body authorize the Department of Public Works, Parks and Streets to grant permission to hire Malcolm Pirnie as consultant to provide engineering services for design and construction inspection services for the next phase of security improvements. Malcolm Pirnie has been the security consultant for the Division of Water for the development of the Vulnerability Assessment and Emergency Response Plan and for implementation of the security improvement plan including the construction of $1.5 million from homeland security money. The next phase of construction will include the powering of the door access control system, installation of wireless access control equipment to allow full integration with existing SCADA (supervisory control and data acquisition), and additional door and hardware improvements at the Colonel Ward Facility. The costs for consulting services are estimated not to exceed $100,000.00. The funds are available in Division of Water account(s) 53220766 445100, an account to be named at a later date. Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated September 28, 2010 be received and filed; and That the Commissioner of Public Works, Parks & Streets be, and he hereby is authorized to hire Malcolm Pirnie as consultant to provide engineering services for design and construction inspection services for the next phase of security improvements. Funds for this project are available in Division of Water account(s) 53220766 445100, and an account to be named at a later date and shall not exceed $100,000. PASSED AYES -9 NOES -0 NO 22 REPORT OF BIDS CITY HALL - 311 CALL CENTER INSTALLATION OF A/C JOB #1036 ELLICOTT DISTRICT I advertised for on August 17, 2010 and received the following formal sealed bids for City Hall, 311 Call Center, Installation of A /C, which were publicly opened and read on September 7, 2010. Greater Niagara Mechanical $99,400.00 7311 Ward Rd., Tonawanda, NY John W. Danforth Co. $113,000.00 300 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 Ninety Nine Thousand Four Hundred and 00/100 ($99,400.00), 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 33320506 445100 - Buildings. Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated September 28, 2010, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to award a contract for City Hall - 311 Call Center Installation of A /C, to Greater Niagara Mechanical, the lowest responsible bidder, in the amount of $99,400.00. Funds for the project are available in 33320506 445100 - Buildings. PASSED AYES -9 NOES -0 NO 23 REPORT OF BIDS CURB & SIDEWALK REPLACEMENT BURA - FUNDED - 2010, GROUP #724 In obtaining these bids for the above mentioned project, I have asked for unit price covering the various items of work and material which will be performed. The final cost of the work will be based on the actual measured quantities of materials entering into the work and may be either more or less than the total bid. The following bids were received: Base Bid Unit Price Increase P & J Construction Co., Inc. '$ 785,900.00'$ 864,490.00 709 Pleasant View Drive, Lancaster, NY 14086 Yarussi Construction, Inc. $ 789,545.00 $ 868,499.00 5650 Simmons Avenue, Niagara Falls, NY 14304 Master's Edge, Inc. $ 803,550.00 $ 883,905.00 3409 Broadway Street, Cheektowaga, NY 14225 $1,050,500.00 $1,155,550.00 Campobello Construction 23 Stratford Road, Buffalo, NY 14216 'Adjusted Amount I hereby certify that the low bidder for the above project is P & J Construction Co., Inc. I respectfully recommend that your Honorable Body authorize a contract award in the mount of $864,490.00 ($785,900.00 + $78,590.00 unit price increase = $864,490.00). Funds for this work will be available in an account(s) to be named at a later date from CDBG yr 35 & 36. The engineer's estimate for this work is $800,000.00. The attached is certified to be a true and correct statement of the bid received. Under provisions of the General Municipal Law, any of the bidders may withdraw his bid if an award of the contract is not made by October 30 - , 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 September 23, 2010, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to award a contract for Curb & Sidewalk Replacement BURA- Funded 2010, Group #724, to P & J Construction Co., Inc., the lowest responsible bidder, in the amount of $864,490.00 ($785,900.00 + $78,590.00 unit price increase = $864,490.00). Funds for the project are available in account(s) to be named at a later date from CDBG yr 35 & 36. PASSED AYES -9 NOES -0 NO 24 REPORT OF BIDS NORTHWEST COMMUNITY CENTER 1 ST FLOOR AIR CONDITIONING JOB #1040 NORTH DISTRICT I advertised for on September 7, 2010 and received the following formal sealed bids for the Northwest Community Center, 1 sc Floor Air Conditioning„ which were publicly opened and read on September 28, 2010. Greater Niagara Mechanical $78,800.00 7311 Ward Rd., Tonawanda, NY John W. Danforth Co. $85,770.00 300 Colvin Woods, Tonawanda, NY Parise Mechanical No Bid 1106 Sheridan, Tonawanda, NY I hereby certify that the foregoing is a true and correct statement of all bids received and that Greater Niagara Mechanical, with a bid of Seventy Eight Thousand Eight Hundred and 00/100 ($78,800.00), 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 30321006 445100 - Buildings. Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated September 28, 2010, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to award a contract for Northwest Community Center, 1 sc Floor Air Conditioning, to Greater Niagara Mechanical, the lowest responsible bidder, in the amount of $78,800.00. Funds for the project are available in 30321006 445100 - Buildings. PASSED AYES -9 NOES -0 NO 26 REPORT OF BIDS REPLACEMENT OF SITE SPECIFIC SIDEWALKS CITY -WIDE- 2010, GROUP #723 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 Yarussi Construction, Inc. $248,475.00 $273,322.50 5650 Simmons Avenue, Niagara Falls, NY 14304 Campobello Construction $293,975.00 $323,372.50 23 Strafford Road, Buffalo, NY 14216 Master's Edge, Inc. $302,300.00 $332,530.00 3409 Broadway Street, Cheektowaga, NY 14225 P & J Construction Co., Inc. $310,325.00 $341,357.50 709 Pleasant View Drive, Lancaster, NY 14086 Note: C & C Construction, Inc. (Bid Rejected- Bid Bond) $241,625.00 1589 Bailey Road, Cowlesville, NY 14037 1 hereby certify that the low bidder for the above project is Yarnssi Construction, Inc.. I respectfully recommend that your Honorable Body authorize a contract award in the amount of $273,322.50 ($248,475.00 + $24,847.50 unit price increase = $273,322.50). Funds for this work are available in account(s) #33311106 - 445100, an account(s) to be named at a later date. The engineer's estimate for this work is $250,000.00. The attached is certified to be a true and correct statement of the bid received. Under provisions of the General Municipal Law, any of the bidders may withdraw his bid if an award of the contract is not made by October 30 - , 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 September 23, 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 Replacement of Site Specific Sidewalks - City Wide 2010, Group #723, to Yarussi Construction, Inc., the lowest responsible bidder, in the amount of $273,322.50 ($248,475.00 + $24,847.50 unit price = $273,322.50). Funds for the project are available in account(s) #33311106 - 445100, and an account(s) to be named at a later date. PASSED AYES -9 NOES -0 NO 26 REQUEST TO PURCHASE EQUIPMENT Purchase (11) Snow Plows from Existing Contract # 7461 from Kaminski & Sons for For recently purchased pick ups & dumps 4 @ $ 4,660.00 = 18,640.00 7 @ 4,240.00 = 29,680.00 TOTAL $ 48,320.00 Funds to come out of the bond fund 33310106 - 445100 Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated September 28, 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 11 (eleven) Snow Plows from existing Contract #7461 in the amount of $48,320.00. Funds for the project are available in bond fund 33310106 - 445100. PASSED AYES -9 NOES -0 NO 27 REQUEST TO PURCHASE VEHICLE Purchase (2) Ford f150 4 x 4 Pick up trucks from State bid # 40450 31 B @ 20,122.00 ea. $40,244.00 TOTAL $40,244.00 Funds for this purchase will be coming out of: 33310106 - 445100 Replacing Truck #232 & 248 Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated September 22, 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 2 (two) Ford F150 trucks from State bid #40450 31 B for a total amount of $40,244.00. That upon the condition that there be no increase in the number designated as authorized for take -home use and the City of Buffalo seal shall be placed on the vehicles purchased as listed above. Funds for the project are available in bond fund 33310106 - 445100. PASSED AYES -9 NOES -0 NO 28 TRADE IN OF VEHICLES THE DEPARTMENT OF PUBLIC WORKS, DIVISION OF WATER, IS REQUESTING PERMISSION TO TRADE IN THE LISTED BELOW VEHICLES /EQUIPMENT FOR THE PURCHASE OF (5) NEW TRAILER MOUNTED AIR COMPRESSORS WITH FUNDS FROM VEOLIA WATER COMPANY. THIS IS IN ACCORDANCE WITH THE VEHICLE PLAN AS APPROVED BY THE DIVISION OF WATER. THE NEW COMPRESSORS WILL BE USED FOR THE REPAIR & MAINTENANCE OF THE WATER DISTRIBUTION SYSTEM. TRADE IN OF W65 -1973 E -Z TRAILER 1973 TRADE IN OF W97 -1984 SULLAIR TRAILER MOUNTED AIR COMPRESSOR TRADE IN OF W149 -1993 INGERSOLL RAND TRAILER MONTED AIR COMPRESSOR TRADE IN OF WI50 -1993 INGERSOLL RAND TRAILER MONTED AIR COMPRESSOR TRADE IN OF W155 -1994 INGERSOLL RAND TRAILER MONTED AIR COMPRESSOR TRADE IN OF W156 -1994 INGERSOLL RAND TRAILER MONTED AIR COMPRESSOR TRADE IN OF W169 -1996 INTERNATION REPAIR TRUCK TRADE IN OF W172 -1997 FORD F -350 REPAIR TRUCK TRADE IN OF W175 -1997 CHEVY S -10 P/U TRADE IN OF W177 -1997 CHEVY S -10 P/U TRADE IN OF W237 -1985 INGERSOLL RAND TRAILER MONTED AIR COMPRESSOR TRADE IN OF W238 -1983 INGERSOLL RAND TRAILER MONTED AIR COMPRESSOR Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated September 28, 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 trade -in the above listed equipment in order to purchase 5 (five) new trailer mounted air compressors with funds from Veolia Water Company. PASSED AYES -9 NOES -0 FROM THE COMMISSIONER OF POLICE NO 29 REQUEST DONATING OUTDATED RADIOS TO BMHA PRIOR COUNCIL REFERENCE: (Item No. 37. C.C.P. 11/02/09) The Buffalo Police Department has replaced Motorola HT1000 portable radios with Motorola XTS 1500. The Motorola HT 1000 radios are outdated, replacement parts are difficult to obtain, and the radios are no longer of any use to the Buffalo Police Department. Dawn Sanders, Executive Director of the Buffalo Municipal Housing Authority has expressed a need for this equipment and is requesting the donation of 75 HT1000 radios for the use of Maintenance staff of BMHA. Buffalo Fire Radio will reprogram these radios to another frequency, exclusively dedicated to BMHA maintenance. BMHA will not be able to transmit or receive Buffalo Police transmissions. The BMHA will retain ownership of the used equipment and will assume all liability for its use until such time as it is destroyed or is totally unusable. The request letter from BMHA is attached. Mr. Fontana moved: That the above communication from the Commissioner of Police dated September 22, 2010, be received and filed; and That the Commissioner of Police, be and he hereby is granted permission to donate 75 HT1000 radios for the use of Maintenance staff of Buffalo Municipal Housing Authority. PASSED AYES -9 NOES -0 FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT & INSPECTION SERVICES NO. 30 RESTAURANT DANCE LICENSE (RENEWAL) 2897 BAILEY AVENUE (UNIV) Pursuant to Chapter 150 of the City of Buffalo Ordinances, please be advised that I have caused an investigation into the premises located, at 2897 Bailey Avenue for which said renewal application for : -: Restaurant Dance Class IV license is being sought by Hycinth Patterson @ Caribbean Experience 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 Inspection Services, dated September 2, 2010, be received and filed; and That pursuant to Chapter 150 of the City Code, the Director of Permit and Inspection Services be, and he hereby is authorized to renew a Restaurant Dancing Class IV License to Hycinth Patterson d /b /a Caribbean Experience located at 2897 Bailey Avenue. PASSED AYES -9 NOES -0 NO. 31 RESTAURANT DANCE LICENSE (RENEWAL) 946 ELMWOOD AVENUE Pursuant to Chapter 150 of the City of Buffalo Ordinances, please be advised that I have caused an investigation into the premises located at 946 Elmwood Avenue for which said renewal application for a Restaurant Dance Class III license is being sought by David Putnam @ McGarret's 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 Commissioner of Permits and Inspections Services is hereby authorized to renew a license application for a Restaurant Dance Class III License to David Putnam at McGarret's. PASSED AYES -9 NOES -0 NO. 32 SECOND HAND DEALER 70 ALLEN (ELLICOTT) Pursuant to Chapter 254 of the City of Buffalo Ordinances please be advised that I have examined the attached application for a Second Hand Dealer License located at 70 Allen St. and find that as to form is correct. I have caused an investigation into the premises for which said application for a second hand dealer license is being sought and according to -the attached reports from the Zoning Office, Fire Department and Building Inspections. I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of Jessica Dodge. The attached thereto for Jessica Dodge d /b /a /JUST. This request is submitted for your approval or whatever action you deem appropriate. Mr. Fontana moved: That the above communication from the Department of Economic Development Permit and Inspection Services dated September 16, 2010, be received and filed; and That pursuant to Chapter 254 of the City Code, the Commissioner of Economic Development Permit and Inspection Services be, and he hereby is authorized to grant a Second Hand Dealer License to Jessica Dodge, d /b /a Just located at 70 Allen Street. PASSED AYES -9 NOES -0 NO. 33 SECOND HAND DEALER 3411 BAILEY (UNIVERSITY) Pursuant to Chapter 254 of the City of Buffalo Ordinances please be advised that I have examined the attached application for a Second Hand Dealer License located at 3411 Bailey and find that as to form is correct. I have caused an investigation into the premises for which said application for a second hand dealer license is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspections. I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of Maurice Thomas (Manager). The attached thereto for Maurice Thomas (Manager) d /b /aJSEI Aaron's. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION. NO. 34 SIDEWALK CAFE 67 WEST CHIPPEWA (AKA 69 W CHIPPEWA) 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 67 West Chippewa Ave and find that as to form is correct. This Sidewalk Car6 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 Bottoms Up V LLC. 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 29, 2010, be received and filed; and That pursuant to Chapter 150 of the City Code, the Commissioner of Permit and Inspection Services be, and he hereby is authorized to issue a "Mere License" to Kevin Nightingale, applicant, located at 67 a /k/a 69 West Chippewa, d /b /a Bottoms Up V LLC to install a 18 x 5 = 90 sq. ft. sidewalk cafe, which would encroach city right -of -way at said address subject to the condition that only persons aged 21 and older be allowed thereon and any other conditions imposed by the Commissioner. PASSED AYES -9 NOES -0 FROM THE COMMISSIONER OF PARKING NO. 36 CERTIFICATE OF APPOINTMENT Appointment effective September 23, 2010 in the Department of Parking, Division of Parking Enforcement to the position of Superintendent of Parking Meters & Enforcement, Provisional Appointment at the Maximum Salary of $48,659.00 Carl M. Barone, 127 Crestwood, Buffalo, NY 14216 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE CITY CLERK NO. 36 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 810 Elmwood Ave RickyT's Coal Fired Pizza Richard A. Thomas Jr 1854 Hertel Ave Checkers Michele Haley 236 Delaware Ave Purple Monkey Tropical Pub BGJR, LLC 1111 Fuhrmann Blvd Dugs Dive Samuel T. Curtin Sr RECEIVED AND FILED NO. 37 APPOINTMENT COMMON COUNCIL I transmit herewith appointment to the position of Legislative Aide. Appointment effective 09/20/2010 in the Department of Common Council, South District to the position of Legislative Aide, Unclassified, Exempt at the Starting Salary of $35,186.00 Russell Weaver, 38 Taft Place, Buffalo, NY 14214 Mr. Fontana moved the approval of the appointment to the position of Legislative Aide. ADOPTED AYES — FONTANA, FRANCZYK, HAYNES, KEARNS, LOCURTO, RIVERA, RUSSELL, SMITH — 8 NOES — GOLOMBEK - 1 NO. 38 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 9/20/2010 in the Department of Common Council, Division of Fillmore District to the position of Intern VI, Unclassified, Temporary at the flat starting of $10.00 /hr Colleen Mulvaney, 78 Coolidge Rd, Buffalo, NY 14220 NO. 39 APPOINTMENTS - MAYOR'S YOUTH OPPORTUNITY & EMPLOYMENT I transmit herewith appointments made in the Mayor's Youth Opportunities and Employments Programs. RECEIVED AND FILED. CERTIFICATE OF APPOINTMENT Appointment effective August 12, 2010 in the Department of Mayor Executive, Division of Citizen Services to the position of Intern IX, Temporary at the flat starting salary of $11.87/hr William C. Donovan, 239 Easton Ave, Buffalo, NY 14215 NO. 40 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 September 30, 2010 in the Department of Audit & Control, Division of Comptroller to the position of Clerk, Seasonal at the minimum salary of 11.87/hr Joeylynn Wysocki, 244 James St, Buffalo, NY 14210 NO. 41 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. Appointments effective 09/03/2010 in the Department of Police minimum salary of $9.90 /hr Kelly Parker, 101 Caryle Avenue, Buffalo, NY 14220 Rita M. Krysztofowicz, 110 Pomona Place, Buffalo, NY 14210 CERTIFICATE OF APPOINTMENT to the position of Civilian School Crossing Guard, Permanent at the Gina Tomaselli- Hernandez, 533 Ashland Avenue, Buffalo, NY 14222 CERTIFICATE OF APPOINTMENT Appointments effective 09/14/2010 in the Department of Police , to the position of Civilian School Crossing Guard, Permanent at the minimum salary of $9.90 /hr Frances Washington, 454 Wyoming Avenue, Buffalo, NY 14214 CERTIFICATE OF APPOINTMENT Appointments effective 09/30/2010 in the Department of Public Works, Division of Streets to the position of Heavy Equipment Operator, Permanent at the First Step of $35,809.00 John Baker, 115 Clayton St, Buffalo, NY 14207 NON - OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON - OFFICIAL COMMUNICATIONS NO. 42 BFLO NIA MED CAMPUS -CITY WIDE COLLABORATION UNVEILS VISION BLDG HEALTHIER COMMUNITY MEDIA ALERT: CITY -WIDE COLLABORATION UNVEILS VISION FOR BUILDING A HEALTHIER COMMUNITY YOUTH ARTINORK AND PHOTOGRAPHY ON DISPLAY Join us for an unveiling and celebration of the community - developed shared vision of the Healthy Kids, Healthy Communities (HKHC) initiative for those who live, work, and play in the city of Buffalo. The event includes announcement of the vision, brief remarks by local stakeholders, voting on the HKHC logo (designed by youth participants), and tables displaying different opportunities and programs that support youth, healthy eating and active living. Artwork and photography from the youth participants will be on display throughout the event and the reception. This event is free and open to all members of the community. HKHC is a local community partnership focused on improving opportunities for physical activity and access to affordable healthy foods for children and families through policy and environmental change in the city of Buffalo. Buffalo was one of 41 sites selected by the Robert Wood Johnson Foundation for this national program. The initial grant award of $360,000 has already leveraged in -kind resources from its partners to bring the initiative total up to heady $700,000. People who live, work, study, and play in the city of Buffalo, including youth and adult residents, students, public and private sector employees, public officials, and stakeholders of Buffalo Announcement and reception of the community - developed shared vision for the Healthy Kids, Healthy Communities initiative, a program of the Robert Wood Johnson Foundation, and display of artwork and photography by youth participants Tuesday, September 28, 2010 from 5:00- 7:00 p.m. Buffalo Niagara Medical Campus, Zebro Conference Center in Roswell Park's Center for Genetics & Pharmacology (on Virginia Street between Elm and Ellicott). There is plenty of free bicycle and car parking. The meetings can easily be accessed by NFTA bus and rail on Route 8b (Main /Michigan Street); Route 29 (Wohlers) and the Metrorail Allen /Medical Campus stop. FOR MORE INFORMATION Contact Kari Root Bonaro or Jessie Hersher ABOUT HKHC- BUFFALO Buffalo's multi - disciplinary partnership includes lead organization the Buffalo Niagara Medical Campus, Inc., as well as the University at Buffalo School of Architecture and Planning, the Massachusetts Avenue Project, the Wellness Institute of Greater Buffalo, and Green Options Buffalo. This partnership previously received RWJF's Active Living by Design grant and the Healthy Eating by Design grant, through which it leveraged an initial $200,000 grant into more than $141 VI in federal funds for streetscape and infrastructure improvements. For more information, visit www.bnmc.ora. RECEIVED AND FILED NO. 43 L. GOLDBERG- PERMISSION TO PURCHASE COMPUTER To Whom It May Concern, I am requesting to the City of Buffalo to purchase a computer that recently was replaced by MIS. The computer I would like to purchase is City ID #4881, Serial #BFXPP -116 at the price of $30.00. Thank You, Larry Goldberg Mail Clerk 851 -5518 REFERRED TO THE COMMITTEE ON FINANCE NO. 44 J. GOLOMBEK -BFLO NEWS ARTICLE -BROWN SKIMPED WHEN RECRUITING KEY POSTS September 28, 2010 Gerald Chwalinski City Clerk Room 1308 City Hall Buffalo, NY 14202 Dear Gerald, Please file the attached Buffalo News article by James Heaney titled "Brown skimped when recruiting for key posts ". I would like it filed for discussion by the Common Council for the October 5, 2010 meeting. Sincerely, • Joseph Golombek Jr. North District Council Member Brown skimped when recruiting for key posts - City of Buffalo - The Buffalo News Mayor Byron W, Brown, right, caught flak for hiring Police Commissioner Daniel Derenda after only posting the job on free Internet job boards. Buffalo News file photo Brown skimped when recruiting for key posts Despite a pledge, mayor failed to conduct national searches for commissioners By James Heaney Published September 26, 2010, 7:41 AM Updated: September 26, 2010, 11:54 AM Mayor Byron W. Brown pledged to conduct national job searches to find replacements for the police, fire and economic development commissioners when he fired them in December. The mayor subsequently caught a lot of flack for not going beyond posting the police chiefs job on Internet job boards, and the Common Council nearly rejected Brown's nomination of Daniel Derenda in part to vent its frustration with the lack of effort. The Brown administration put even less work into its effort to recruit a fire commissioner and planning and economic development chief, a Buffalo News investigation has found. In fact, it appears the Brown administration didn't conduct job searches at all before filling the two positions, The News found. The Brown administration's response to a Freedom of Information request submitted by The News indicates the city failed to run any advertisements or take other steps to recruit candidates, aside from an internal notice posted by the city's Department of Human Resources for the fire job. What's more, the mayor's appointment calendar for the first seven months of this year, also obtained under the FOI Law, does not list any job interviews for either position. The calendars did, however, list meetings Brown scheduled with job candidates for another half -dozen positions, including crossing guard, camera monitor and fire dispatcher, as well as for a possible promotion in the Police Department for the husband of Barbara Miller - Williams, a political ally of the mayor who serves as chairwoman of the Erie County Legislature. Her husband did not get the promotion. The byproducts of the non - searches were decisions to hire acting Fire Commissioner Garnell W. Whitfield Jr. as the permanent chief and assistant corporation counsel Brendan R. Mehaffy as executive director of the Office of Strategic Planning. Rather than hire a separate economic development commissioner, as had been originally contemplated, Mehaffy was assigned that task, as well. Whitfield, like Derenda, is a high school graduate who has not earned a college degree, although he is taking classes at Erie Community College. Mehaffy has relevant college degrees, but little policy experience in the planning field and in structuring business deals. "This is not a good way to choose top people," said South Council Member Mickey Kearns, who said the failure to conduct genuine job searches is indicative of an administration that is "treading water." "I think they're living day to day they're not thinking long term. They're taking the first available, qualified person," he said. Brown refused an interview request from The News. "The mayor is confident he has qualified people," said his spokesman, Peter Cutler. Police search panned Brown, during his nearly five years in office, has fired or forced the resignations of several commissioners and high- ranking administrators who were part of his original management team. And, to a growing degree, his administration isn't putting much of an effort into finding replacements, The News found. After winning re- election to a second term last November in a race against Kearns, the mayor fired Police Commissioner H. McCarthy Gipson, Fire Commissioner Michael S. Lombardo and Economic Development Commissioner Brian Reilly. In an announcement made on New Year's Eve, the mayor pledged to conduct nationwide job searches to fill all three jobs. In the interim, he appointed Whitfield as acting fire chief and Derenda as acting police commissioner. While the Brown administration continues to refuse to discuss most aspects of the search for police chief, its efforts were fairly well documented in the run -up to the Council's confirmation of Derenda in July. Efforts to recruit job candidates were largely limited to posting the position on free Internet want -ad sites and in a few print publications. Administration officials refused to otherwise discuss the recruitment or vetting process, or whether anyone other than Derenda was interviewed for the position. That stonewalling fueled speculation that Brown intended to appoint Derenda from the get -go. Derenda had forged a close relationship with Deputy Mayor Steven M. Casey and was active in Brown's two campaigns for mayor. He provided volunteer security services during Brown's first run and has contributed $2,700 to his campaign since April 2006. An apparel company his wife owns, in which Derenda is active, has sold the Brown campaign $14,43o in clothing and signs over the past five years, most of it in Brown skimped when recruiting for key posts - City of Buffalo - The Buffalo News The Council initially tabled a confirmation vote on Derenda after members raised concerns about his credentials and political independence and objections to the administration's failure to conduct the promised national job search. The Council relented and approved his appointment the following week in a 5 -4 vote. Easily confirmed Whitfield, like Derenda, had not held a command position until Brown promoted him to deputy commissioner in 2006. He also has donated to Brown's campaign -- $800 over the past five years -- although such contributions are the norm for those holding appointed positions within the Brown administration. The News, in its July 13 FOI request, asked for a wide range of documents related to the job search, including copies of employment ads and paperwork that detailed the effort to recruit and vet candidates. The city waited nearly two months to respond and then said the only record that existed was a job posting generated by the Department of Human Resources that was presumably posted on bulletin boards in the Fire Department. That appears to be the extent of the city's recruitment effort. The News also requested a copy of Whitfield's resume, which the administration has refused to provide. Whitfield, in a brief telephone interview, said he graduated from St. Joseph's Collegiate Institute in 1974, which was confirmed by the school's guidance office. Whitfield said he is continuing his studies at ECC. A 26 -year veteran of the department, Whitfield in May was confirmed unanimously by the Council, which did not question the scope of the administration's job search. "It was a relatively uneventful confirmation," said Delaware Council Member Michael LoCurto. Whitfield, 53, earns $1 08,045 annually. No one recruited Brown took a different tack with the strategic planning job, enlisting the Buffalo Niagara Partnership to assist in what Brown said would be a national job search. City Hall's planning and economic development efforts were plagued by problems during Brown's first term. His original team -- Timothy Wanamaker, director of strategic planning, and Richard Tobe, commissioner of economic development and inspections and permits -- didn't last long. Wanamaker, a holdover from the administration of former Mayor Anthony M. Masiello, resigned in March 2008 and Tobe stepped down three months later under pressure from Brown. In their place, Brown hired Brian Reilly, a Western New York native who had worked as a development official in Cleveland and Milwaukee. While he did not take over as director of strategic planning, Reilly assumed responsibility for economic development, and his titles included president of the Buffalo Economic Renaissance Corp., City Hall's primary economic development agency. The News reported in the spring of 2008 on BERC's use of loan and grant money and staff time to help fund and operate One Sunset, a restaurant and bar owned by former basketball star Leonard Stokes. The restaurant closed after one year, leaving behind a trail of bad debt. A subsequent audit by the city comptroller also determined that $66,000 in money and equipment were unaccounted for. A subsequent investigation by The News found that BERC had been lending less money and creating fewer jobs since Brown took office and made $1.3 million in grants to East Side businesses, including barber shops, restaurants and pizzerias that generated little economic spin -off. The News also found that BERC had altered its health insurance coverage after Reilly was hired to enable him to place his live -in girlfriend on his policy. Brown, at the partnership's urging, hired from within in the selection of Mehaffy as director of strategic planning. At the same time, a decision was made to also give him responsibility for economic development. Despite the pledge of a nationwide job search, no effort was made to recruit job candidates, said Paula Sandy, a spokeswoman for the partnership: Brown skimped when recruiting for key posts - City of Buffalo - The Buffalo News "We did not do any outreach for that particular position," Sandy said. "Based on our experience with Brendan, our recommendation was to proceed with hiring him." The city, in responding to The News' FOI request, did not produce any documents that showed it made any effort to recruit job candidates, suggesting it relied solely on the partnership. Cutler, the mayor's spokesman, was asked if the administration had any further information to offer on the job searches for the strategic planning or fire jobs that went beyond what was provided in the city's FOI response. Curler said he had nothing further to offer. Mehaffy, 37, earned an undergraduate degree in economics and a master's degree in urban and regional planning. He's a lawyer, with experience in real estate and zoning law. He went to work for the city as an assistant corporation counsel in March 2008. He has contributed $1,000 to Brown's campaign committee since he went to work for the city. His appointment did not require Council approval. He earns $82,257 annually. LoCurto, the Delaware Council member, lamented the administration's failure to conduct the promised national job searches for fire, police and strategic planning, calling it "problematic." "Unfortunately, we've seen this time and time again, and in some instances it has hurt the city," he said. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 46 D. JACKSON - INTEREST FOR SHARED ASSET FOR JUSTICE FUND Dear Commissioner, I read in the Buffalo News that them is a Shared asset for - justice fund set up in 2007 which has grown upwards in the amount of 186,000 thousand dollars to help Community Organizations like ours to assist in help youths in education, gang and drug prevention, alternatives to the life of streets and violence. I also believe that there has been 2 council- members appointed and at least 2 other that can be appointed by the Mayor, as the Commissioner I believe you will have to call a meeting to discuss whom and how the funds can be distributed to C.B4O.'s I 'd like to know when are you going to call a meeting for the above purposes and what do I have to do to be qualified for some of the funds, as you are aware our organization E.R.T.F. Inc. has been very active in giving our youths alternatives to grime and life on the streets, have built an reputation with the youths and have hired over 53 youths this summer and last summer and was very successful in doing that, Remember the City Grill shooting as just one example of how I have a real connection with the youth out them. I'm looking for an response from you in the next week or so I can try to keep our program going to help with winter jobs for some of our youths. Thank you very much for taking time to read this letter, hope to hear from you very soon. REFERRED TO THE COMMITTEE ON FINANCE NO 46 M. KEARNS- PRELIMINARY ASSESSMENT NOTICES Dear Mr. Chwalinski: Please file the attached document for deliberation by the Common Council at its October 5, 2010 meeting, Sincerely, Michael P. Kearns South District Council Member Preliminary Assessment Notices By legislation passed late in 2009 retroactive to January 2, 2008 municipalities are authorized to mail Preliminary Assessment Notices prior to the publication on December 1 st of values on the Tentative Assessment Roll. Due to different tentative and final roll dates from other communities, the City of Buffalo first became subject to this legislation with the 2011 assessment values. These notices are different from the annual notices sent on December 1 sc in that the values reported in these notice are not available for public review. These letters are a personal notice to the owner of the preliminary value the assessor intends to place on their property for the tentative 2011 roll and gives them the opportunity to privately address their property and the proposed value with the assessor prior to publication of tentative values on December f t . On October 1, 2010 the Post Office will commence delivery of 3,713 preliminary assessment notices to the owners of record. A sample of the preliminary notice and the cover letter explaining the process are attached. Owners who disagree with the preliminary assessment on their property may submit a written challenae to the Department of Assessment and Taxation by October 29, 2010 using the forms available in our office, on the department's webpage or from city branches of the Public Library. Information on recent valid residential and commercial sales will also be available at these locations; copies for your use are enclosed. Assessment staff will review all written challenges and property owners will be advised in writing of the decision on December 1, 2010. If after this informal review an owner is still dissatisfied with their assessed value a formal assessment challenge form may be filed with the Board of Assessment Review (BAR) by January 3, 2011. The formal challenge forms and information about the BAR process will be available starting December 1, 2010 in our office, on the department's webpage and at city branches of the Public Library. If you have any questions concerning this process please contact me at 851 -5739. REFERRED TO THE COMMITTEE ON FINANCE NO 47 J. PAJAK - OLMSTED -PEACE BRIDGE PROJ MOA WITH FEDERAL HGWY ADMIN. Dear Mr. Chwalinski: Please file the attached communication which was provided by the Olmsted Parks Conservancy, with the Common Council for their next regularly scheduled meeting to be conducted October 4, 2010. Thank you for your assistance in this matter. Sincerely, James S. Pajak Common Council Chief of Staff Dear Mr. Pajak: The Buffalo Olmsted Parks Conservancy received an MOA from the Federal Highway Administration regarding the Peace Bridge Project in June, 2010. After careful consideration, the Conservancy decided that it was against the best interests of the Parks for us to sign this MOA in the form in which it was presented. In our efforts to continue to be a constructive party to the current public involvement phase of this vital local project we asked our attorneys, Foley Hoag LLP, to prepare the enclosed letter articulating in detail why we objected to signing the MOA and what mitigations must be included in the MOA for our Board of Trustees to approve our becoming a signatory. We apologize for the very technical manner of this letter. We are making every effort to communicate precisely our position so that no delays will be occasioned by a misunderstanding that could easily be avoided by clear and concise, albeit technical, feedback to the lead agencies. Please let us know if you have any questions. Sincerely, Anne Harding Joyce, Chair Buffalo Olmsted Parks Conservancy REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO 48 J. PAJAK- RFP'S- RECYCLABLE MATERIAL The Department of Public Works REQUEST FOR PROPOSALS TO PROVIDE RECYCLABLE MATERIAL COLLECTION AND /OR PROCESSING Dear Mr Chwalinski: Common Council Member Michael Kearns has requested that the attached document which was provided by the Department of Public Works, be filed with the Common Council for their next regularly scheduled meeting. Thank you for your assistance in this matter. Sincerely, James S. Pajak Common Council Chief of Staff Copy available for review in the City Clerk's Office REFERRED TO THE COMMITTEE ON FINANCE NO 49 J. PAJAK- SUPPORTING GRANT DOCUMENTATION BFLO WEED N SEED Supporting Grant Documentation for the Buffalo Weed and Seed Lower East Side Year 4 funding (See CCP #3 dated September 21, 2010) Dear Mr. Chwalinski: Common Council Member Richard Fontana has requested that the attached document which was provided by the Division of Citizens Services separately from the document referenced above, be filed with the Common Council for their next regularly scheduled meeting Thank you for your assistance in this matter. Sincerely, James. S. Pajak Common Council chief of Staff Copy available for review in the City Clerk's Office RECEIVED AND FILED NO 50 R. PLANTER - CONCERNS SAFETY ON LELAND AVE (SOUTH) Sorrento Lactalis, Inc. 2376 South Park Avenue Buffalo NY 14220 Dear Steven: Back in April 2009 Sorrento Lactalis, Inc. requested that Leland Avenue be converted to one -way direction to help alleviate parking congestion during the utility construction phase of the South Park Revitalization Project. However, this conversion has created many hazardous safety issues for both traffic and pedestrians. We have had several "near- miss" events with busses, sanitation trucks, and emergency response vehicles trying to navigate down a very narrow street with parking on both sides. Compounded by these events with the inability to effectively snow plow can limit emergency response to the facility. Therefore, Sorrento Lactalis, Inc. is requesting to convert Leland Avenue back to a two -way street. Sorrento owns all properties on both sides of the street. Please consider the request and forward through the next council meeting. I'll send a copy to council member Michael Kearns to keep him informed. We appreciate your time, if more information is required; please contact me at 823 -6262. Thank you. Sincerely, Robert Planter Corporate Manager HSE & EA REFERRED TO THE COMMITTEE ON LEGISLATION NO 51 P. WALLINDER- REQUEST DOCKING PERMIT ALONG SEAWALL OF CANAL SIDE Dear Mr. Chwalinski, I hereby submit to the Common Council attached my "Request for a docking permit, along the seawall of Canal Side, extension of current floating docks ", which was originally submitted to the ECHDC on 11 June 2011. Upon my submission please disregard the confidential clause of the original proposal. I would like to come and discuss the proposal at the next Waterfront Development Committee Meeting. Thank you, Peirre Wallinder Sail Buffalo 485 Michigan Ave Buffalo NY 14203 REFERRED TO THE SPECIAL COMMITTEE ON WATERFRONT DEVELOPMENT AND DEPARTMENT OF PUBLIC WORKS NO 52 T. WILLIAMS- CONCERNS 114 WYOMING Mayor of the City of Buffalo Buffalo Urban Renewal Agency Attn: Byron W. Brown, Chairman Certified Mail #:7009 3410 0000 0087 1215 920 City Hall, 65 Niagara Square Buffalo, New York 14202 -3376 RE: 114 Wyoming Ave. Dear, Chairman, Byron W. Brown: In response to the letter dated, September 14, 2010 issued by Scott C Billman, General Counsel City of Buffalo Urban Renewal Agency, I find the enclosure, letter dated June 30, 2009, addressed to Carla A. Kosmerl has never been addressed. The response was a letter dated October 27, 2009. Therefore please note the following facts; 1.) The letter dated, September 14, 2010 is a fabrication. The statement cited in this letter is not true. 2.) Mrs. Burneva Williams refused to engage into a fraudulent agreement, submitted by General Counsel, Scott Billman, letter dated October 27, 2009. 3.) In addition, the letter dated October 27, 2009 did not address the electrical work cited in the Contract & Bid Agreement. 4.) The electrical contracted by Mr. John Greer was never done due to an inflated price by, Mr. James Naples who is a roofing contractor 5.) The roof has never been inspected prior to covering. 6.) The permit was pulled after, the work was done. A violation of State & Residential code. Please review print on the permit. 7.) General Counsel failed to comprehend contract law. All three(3) contracts, Contract & Bid Agreement, Notice to Proceed, Note & Mortgage Agreement are dependant of each other and binding. 8.) General Counsel failed to read all letters, submitted regarding 114 Wyoming Ave. 9.) General Counsel needs to get his facts straight, and stop practicing asinine bureaucracy. 10.) A 1 inch binder dated, September 26,2008 was prepared, for simplification for your staff(Carla Kosmerl) to understand, and still no results addressing Mrs. Williams concerns. Please review the issue again, note that Mrs. Burneva Williams is not interested in obtain contracts outside the original contracts which was necessary for the federal grant. I hope that this can be resolve soon. I regret that Congresswoman, Louise Slaughter's Office, U.S. Senator Charles E. Schumer's Office & The U.S. Attorney's Office has been contacted along with other's expressing the disappointment in your handling of BURA'S contractor(James Naples) and aiding in federal skimming in this matter. The individuals involved in this matter has been enormous, starting with; Mr. Richard Tobe (absent) Mr. Timothy Wanamaker(absent) Mr. Brian Reilly(absent) Ms. Carla Kosmerl(absent) Mr. James Comerford (present) Ms. Donna Brown(absent) Mr. James E. Wimbley(absent) and at the present, General Counsel, Mr. Scott Billman who has relayed to the Board & members of the Board, fabrication of Mrs. Burnvea Williams concerns. I look forward to hearing from you within 5 business days and if, necessary your General Counsel, Scott Billman addressing the facts as they are and not the fabrication of lies. In conclusion all reasonable offers within the three(3) original contract's will be considered. Please note, asininity is not an option. Respectfully Submitted, Theresa Williams REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO 53 J. WITTHOHN- INTEREST IN DOG LICENSING & DOG TAG PROGRAM Dear Sir or Madam: My name is Jane Ahrens Witthohn and I am the owner of Tag Town. I have lived my entire life in New York State and have had my own pet business for more than thirty years. In addition to grooming, breeding and pet sitting t have also been a New York State wildlife rehabilitator, rescuer and shelter manager. As you are aware, New York State Agriculture and Markets will no longer be issuing dog license tags, nor keeping the records for municipalities, as of January 1,2011 1 would like to offer my services to assist your Town in the transition to a new dog licensing system that meets your needs. Not only am I able to supply you with high quality affordable tags that are custom imprinted, but I can also assist you in keeping computerized records to help you in the annual renewal process. My company can also offer your residents further customization of their dog tags, i.e. to include the dogs name, owners name and /or home contact information. If possible, I would like the opportunity to speak with you and customize a plan that suits your current and future needs, no matter how simple or complex they may be. If you are interested in the above services, please call or e-mail me so that I may help you m assessing your dog license and tracking needs. Very truly yours, TAG TOWN Jane Witthohn REFERRED TO THE COMMITTEE ON FINANCE PETITIONS NO 54 M. JUDD, AGENT, USE 220 KATHERINE - ALTERATIONS & RENOVATIONS TO CONVERT BUILDING TO OFFICESAND NEW PARKING AREA (FILL)(PUB HRG 10/12) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO 55 P. TANTILLO, OWNER, USE 1066 ELMWOOD- CONVERT TAKE -OUT REST. & APT TO SIT -DOWN RESTAURANT (NORTH)(PUB HRG 10/12) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO 56 R. PANARO, AGENT, USE 1200 HERTEL AVE- CENTER SPACE FOR A SIT DOWN RESTAURANT (DEL)(PUB HRG 10/19) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD REGULAR COMMITTEES FINANCE (MICHAEL P. KEARNS, CHAIRMAN) NO 57 ACCEPT KFC DONATION (ITEM NO. 48, C.C.P., SEPT. 7, 2010) That the Commissioner of Fire be, and he hereby is granted permission to accept $2,500.00 in funding from KFC to purchase fire extinguishers. PASSED AYES — Fontana, Franczyk, Golombek, Haynes, Rivera, Russell, Smith 7 NOES — Kearns, LoCurto 2 LEGISLATION (JOSEPH GOLOMBEK JR., CHAIRMAN) NO 58 M. KNOLL, PETITION TO USE 2080 NIAGARA - ERECT GAS STATION (ITEM NO. 47, C.C.P., SEPT. 21, 2010) That after the public hearing before the Committee on Legislation on September 28, 2010, the petition of M. Knoll, agent, for permission to use 2080 Niagara Street to erect a 615 S. F. gas station and 3724 S. F. canopy on lots (2080, 2084, 2092 and 2094 Niagara) be, and hereby is approved with the condition that a 7' board on board fence along the side bordering the neighbor; sign to be 6'H x 8'W and to extend the landscaping across the front of Niagara Street. PASSED AYES -9 NOES -0 NO 59 J. POPIELA, PETITION TO USE 62 S. ELMWOOD - ERECT POLE SIGN WITH LED SECTION (ITEM NO. 48, C.C.P., SEPT. 21, 2010) That the petition of J. Popiela, agent, for permission to erect a pole sign at 62 South Elmwood for an L.E.D. sign with moving images be, and hereby is approved with the condition that the height is not to exceed 14' with accessory use ONLY no paid advertising. PASSED AYES -9 NOES -0 NO 60 D. BYRD, JR. AND J. GILES, PETITION TO USE 178 WALDEN FOR A HUMAN SERVICE FACILITY (ITEM NO. 49, C.C.P., SEPT. 21, 2010) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Golombek moved: That the above item be the same and hereby is Received and Filed. ADOPTED NO 61 RESTAURANT DANCE LICENSE (ITEM NO. 33, C.C.P., SEPT. 21, 2010) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Golombek moved: That pursuant to Chapter 150 of the City Code, the Commissioner of Permit and Inspection Services be, and he hereby is authorized to renew a Restaurant Dancing Class III License to Arthur Kwitchoff d /b /a Town Ballroom located at 681 Main Street, so long as it only admit persons 21 years of age and older. PASSED AYES -9 NOES -0 NO 62 ORDINANCE AMENDMENT - CHAPTER 337 - PRESERVATION STANDARDS (ITEM NO. 78, C.C.P., SEPT. 21, 2010) That the Ordinance Amendment as contained in Item No. 78, C.C.P., September 21, 2010, be and the same hereby is approved. PASSED AYES -9 NOES -0 NO 63 LODGING HOUSE LICENSE - 541 WALDEN (ITEM NO. 41, C.C.P., MAY 11, 2010) (ITEM NO. 74, C.C.P., SEPT. 21, 2010) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Golombek moved: That the above item be recommitted to the Committee on Legislation. ADOPTED NO 64 L. KOSTEK- CONCERNS -HEART OF THE CITY NEIGHBORHOOD'S PROJECT "CYNTHIA GARDENS /BARKER COMMONS" ( #61, 7/20) That the above item be the same and hereby is Received and Filed. ADOPTED NO 65 PRES BD- PRESERVATION CODE AMENDMENT ( #3, 9/7) That the above item be the same and hereby is Received and Filed. ADOPTED NO 66 ORD AMENDMENT -CH 337 PRESERVATION STANDARDS ( #97, 7/20) That the above item be the same and hereby is Received and Filed. ADOPTED NO 67 J. MAKOWSKI -REQ INDEPENDENT AUDIT- MARINE DRIVE APARTMENTS ( #56, 6/22) That the above item is hereby referred to the Committee on Finance. ADOPTED NO 68 J. BREM- CONCERNS CLOSING OF NURSING HOMES ( #59, 6/8) That the above item be the same and hereby is Received and Filed. ADOPTED NO 69 J. GOLOMBEK- PROBLEMS AT SHAFFER VILLAGE ( #36, 5/12) That the above item be the same and hereby is Received and Filed. ADOPTED RESOLUTIONS NO 70 BY: MR. GOLOMBEK AMENDING THE POLICE COMMISSIONER JOB REQUIREMENTS Whereas: The City Charter sets minimum standards for the commissioner of police; and Whereas: According to the City Charter: "The commissioner of police shall have either (a) a degree from an accredited college or university and at least five years' experience in law enforcement; or (b) an equivalent of training and experience sufficient to indicate ability to perform the duties of this position. "; and Whereas: Applicants for an entry-level police officer job are held to a higher standard, which requires completion of at least 60 credit hours of college course work (equivalent to an associate degree) or six years of continuous military service; and Whereas: The towns of Amherst, Cheektowaga and Tonawanda, all require that their police chief have a college degree; and Whereas: The City of Buffalo's minimum requirements for the commissioner of police needs to be updated; and Now Therefore Be It Resolved: That the Buffalo Common Council does hereby support amending the City Charter to require that the Commissioner of police have at least a bachelor's degree as part of the minimum job requirements. Be It Further Resolved: That the Law Department is hereby directed to prepare the legislation necessary to amend the City Charter in regard to the commissioner of police minimum job requirements. ADOPT FINAL RESOLVE, REFER REMAINDER TO THE COMMITTEE ON LEGISLATION NO 71 BY: MR. GOLOMBEK GRANT PERMISSION TO HANG A BANNER ON ELMWOOD AVENUE Whereas: Mass Appeal is a fashion show that highlights Elmwood Village merchants and takes place at the Lafayette Avenue Presbyterian Church; and Whereas: The 3 rd annual fashion event will be held on November 5, 2010; and Whereas: Mass Appeal is the Elmwood Village Association's and Buffalo's version of New York City Fashion Week; and Whereas: This year's theme is "Wearable Art." Wearable Art, as seen in episodes of the Bravo show "Project Runway," incorporates everyday objects into clothing and accessories; and Whereas: To encourage residents to participate in Mass Appeal and to promote the event, the Elmwood Village Association would like to hang a banner across Elmwood Avenue (pole #815) at Lancaster Avenue; and Whereas: The Elmwood Village Association would like to hang the banner from October 8, 2010 until November 8, 2010; Now, Therefore, Be It Resolved: That the City of Buffalo hereby grants permission to the Elmwood Village Association to hang a banner on Elmwood Avenue at Lancaster Avenue (pole #815), promoting Mass Appeal from October 8, 2010 until November 8, 2010; and Now, Therefore, Be It Further Resolved: That the banner be hung in accordance with all conditions, restrictions, and requirements as set forth by the City of Buffalo and the Department of Public Works, Parks and Streets. ADOPTED NO 72 BY: MR. GOLOMBEK LIMITING AMOUNT OF FULLTIME EMPLOYEES IN INDIVIDUAL COUNCIL OFFICES Whereas: Recognizing the loss of population within the City of Buffalo, the voters approved a downsizing of the Common Council in 2003; and Whereas: Since the downsizing, there has been an unwritten agreement that each individual office would only employee three fulltime employees: one councilmember and two fulltime assistants; and Whereas: There is a possibility that an individual office can circumvent this agreement by hiring more then the three allocated individuals; and Whereas: Any practice of hiring more than the agreed upon amount of employees leads to removal of money that can be better spent within the neighborhoods of each council district; and Whereas: Each additional new hire costs the citizens of Buffalo more than just salary, as they are required to pay health and retirement benefits upon their appointment; and Whereas: There has never been a report stating the actual costs associated with an additional employee hired by a council office. Now, Therefore, Be It Resolved: That this Honorable Body asks the City of Buffalo Comptroller's Office to conduct a review of all costs associated with each additional hire in an individual Common Council office and send a report of its findings to the Common Council, and Be It Further Resolved: That each individual Common Council office will refrain from hiring more than the three - fulltime employees for which they are currently budgeted until the Comptroller's Office reports back to the Common Council with their findings. ADOPT 1 ST RESOLVE, REFER REMAINDER TO THE COMMITTEE ON LEGISLATION NO 73 BY: DR. CURTIS HAYNES, JR. SALE OF FORMER PUBLIC SCHOOL 36 WHEREAS: This Honorable Body, by Resolution dated March 16, 2010, approved the sale of former School #36 to Elmwood Village Charter School for $540,000.00 based on the Report and Recommendation of the Appraisal Review Board dated March 9, 2010; and WHEREAS: On July 7, 2010, the Honorable Patrick H. NeMoyer, J.S.C. issued a Decision and Order setting aside the Report received by this Honorable Body and its action thereon, based upon, among other things, an alleged failure by the Appraisal Review Board to consider all of the appraisals before it, having arbitrarily set the value of the property at $540,000 and the existence of an unconditional offer to purchase the property submitted by Samuel J. Savarino for use of the property by West Buffalo Charter School for $800,000; and WHEREAS: The $800,000 unconditional purchase offer from Samuel J. Savarino for use by West Buffalo Charter School has not been withdrawn; and WHEREAS: Elmwood Village Charter School has been in operation for 4 yrs, during which time the school has continually proven to be a good neighbor and tremendous asset to the community. They have an established track record of student academic success and currently have a waiting list for new students. Elmwood Village Charter School has been seeking to purchase the former Public School Number 36 for $540,000 for the expansion of its Charter and has been working with the Days Park Block Club Association to ensure community support for their plans; and WHEREAS: Elmwood Village Charter School has stated that the acquisition of the building is critical to its expansion; WHEREAS: West Buffalo Charter School is a newly approved Charter School that has partnered with Buffalo Hearing and Speech, D'Youville College, and the Buffalo Philharmonic Orchestra among others. They have the potential to serve hundreds of underserved Buffalo School children, however as a new school, they have not yet had the opportunity to establish an academic track record or prove whether or not they will be a good neighbor in the community; and WHEREAS: West Buffalo Charter School has asserted that former Public School Number 36 is the only building available of appropriate size and accommodation that would allow them to operate and that they will lose their Charter if they are unable to identify the building as their location before December 1, 2010; and WHEREAS: Both Elmwood Village Charter School and West Buffalo Charter School, as potential purchasers, are proposing to use the property for Charter School purposes which would be a benefit to the community and the taxpayers; and WHEREAS: When the same use is proposed by two different purchasers, this Honorable Body is compelled to get the highest and best price for the sale of City property; and WHEREAS: There is no longer any question that both potential purchasers plan to use the building as a school, which was not clear until the prior sale by appraisal process had already commenced; and WHEREAS: A solution is required for the sale of the property that protects the taxpayers by ensuring the highest and best price for the sale, while also ensuring that the property will be used as a school that will benefit the community over the long term; and WHEREAS: The process for the sale of the property needs to be fair and transparent to both charter schools in a way that insures that the building is sold and occupied as a school as soon as possible; and WHEREAS: The Court's July 7, 2010 Decision and Order rendered this Body's March 16, 2010 Resolution to sell the property for $540,000 null and void, therefore now enabling this Body to determine the appropriate City Charter prescribed method of sale; and WHEREAS: No appraisal of the property shall be made or deemed necessary in the case of the public auction prescribed herein, as any prior applications for appraisals are deemed null and void by virtue of the Court's July 7, 2010 Decision and Order and the Council is hereby not requiring any additional appraisals being had thereon. NOW THEREFORE BE IT RESOLVED, That this Honorable Body hereby provides that the property owned by the City commonly known as 40 Days Park and former Buffalo Public School #36 be offered for sale by the Commissioner of Permit and Inspection Services at public auction pursuant to §27 -6 of the City Charter and Code; and BE IT FURTHER RESOLVED, That notice of the time and place of the auction, together with a short description of the property shall be published at least once a week for two consecutive weeks in The Buffalo News prior to the auction date; and BE IT FURTHER RESOLVED, That the starting bid for such property be set at the $800,000 level for which a purchase offer has been made and that the property be sold in an "as is" condition in fee simple subject to the conditions that: 1. it be used as a school for the next fifteen years with the City of Buffalo retaining a reverter (or reversionary interest) in said property should it discontinue being used as an active school for a period of more than six consecutive months during said fifteen year time period measured from the time of closing, and 2. The purchaser of the property must at closing release the City (and the City School District) from all environmental liability and must indemnify the City (and the City School District) from all environmental liability related to the property; and BE IT FURTHER RESOLVED, That the auction to be conducted in no way binds the City to sell or convey the property to any party, as said conveyance can only be further initiated by a two - thirds vote of the Council pursuant to §27 -4 of the City Charter and would be subject to the additional requisite approvals contemplated by the provisions of said City Charter as well as by approval of the Buffalo Fiscal Stability Authority; and BE IT FURTHER RESOLVED, that the Commissioner of Permits and Inspections shall transmit a report to the Council of all bids received at such auction immediately thereafter for the Council's consideration of the same. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO 74 BY: MR. KEARNS IRELAND IS AN ISLAND NATION On Tuesday, October 5, 2010, the following resolution was unanimously adopted by the City of Buffalo Common Council, sponsored by South District Council Member Michael P. Kearns: Whereas: Ireland is an island nation and its people are an ancient and distinct culture. Throughout its history it has been comprised of 32 counties, but it was artificially divided into 26 county (The Irish Republic) and 6 county (Northern Ireland) units in the 1920's. This artificial, forced division of the Irish Nation was designed to be a transitory answer to issues in the 1920's and history has demonstrated that the Irish people have the right and responsibility to govern themselves; and Whereas: The Irish Republic is a member of the European Economic Union and a unified, independent Irish economy is the most effective way to grow that economy and the most fair mad impartial path to extend the benefits of such growth to all of Ireland. Human and civil rights derive from the consent of the governed and are best guaranteed by the people's freely instituted, duly elected and independent government: and Whereas: A unified, independent Irish Police Service and Justice System are most likely to be effective, fair and impartial, and a unified independent Irish Society is most likely to provide for the social and practical needs of its people; and Whereas: The historic Good Friday Agreement, which was negotiated with American support, ratified by the English and Irish governments, and voted upon by the entire island of Ireland, includes provisions for achieving a United Ireland through purely democratic and peaceful means and for the development of North /South Institutions in cross - border cooperation: and Whereas: This Buffalo, New York Common Council and the United States have greatly benefited from the contributions of the sons and daughters of Ireland, and peace and prosperity for all of Ireland can be promoted through the Democratic reunification of Ireland as the ultimate roadmap for the Irish nation and people. Now, Therefore, Be It Resolved: That the Common Council of Buffalo, New York, hereby calls upon the English and Irish Governments to take the immediate steps necessary to bring to fruition the promises of the All Ireland institutions called for and envisioned by the Good Friday Agreement; and Be It Further Resolved: That this Common Council of Buffalo, New York, further requests that the Irish Government formally study the implications of a United Ireland and outline the fundamental steps for restoring the Irish Nation and publicly report their findings and plans; and Be It Further Resolved: That this Common Council of Buffalo, New York, further suggests that the Irish Government move without delay to further the peaceful healing of the Irish Nation by granting duly elected northern MP's "Speaking Rights" in the Irish parliament and expand the voting rights for the Irish President to the citizens of the six counties of the North of Ireland; and Be It Finally Resolved: That the Common Council of Buffalo, New York hereby directs the City Clerk to transmit certified copies of this resolution to the Ambassador for the Republic of Ireland, the Ambassador for the United Kingdom and to the Thomas W. Carroll, Erie County Division One, Ancient Order of Hibernians, as evidence of the sentiments and recognition of this body. ADOPTED NO 75 BY: MICHAEL P. KEARNS TRANSFER OF FUNDS PFRS PENSION HUMAN RESOURCES That pursuant to §20 -12 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the sum of $355,000 be and the same is hereby transferred and reappropriated from the Police and Fire Pension to the Department of Human Resources, as set forth below: From: Police and Fire Retirement System 17303002 - 423002 PFRS Pension $355,000 To: Human Resources 12554006 - 432004 Engineering and Technical $270,000 12554006 - 454000 Advertising 85,000 REFERRED TO THE COMMITTEE ON FINANCE k 1 lowl BY: MR. KEARNS TRANSFER OF FUNDS INVENTORY & STORES TIRE ROOM That pursuant to §20 -12 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the sum of $60,000 be and the same is hereby transferred from Inventory & Stores and said sum is hereby reappropriated as set forth below: From: Administration & Finance - Inventory & Stores 11781005 - 465002 Sp Tire Tube $60,000 To: Public Works — Streets $60,000 15050005 - 465002 Sp Tire Tube PASSED AYES -9 NOES -0 NO 77 SPONSOR: MR. LOCURTO SENIOR LEGISLATIVE ASSISTANT APPOINTMENT Whereas: I am appointing Brian C. Bray, who resides at 665 Parkside Avenue, Buffalo, New York as a Senior Legislative Assistant to the Common Council; and Whereas: Mr. Bray has previously worked for the Common Council as a Senior Legislative Assistant, for the Erie County Legislature as a Senior Administrative Clerk, and for the Erie County Water Authority; and Whereas: Mr. Bray is a graduate of the University at Buffalo and received his B.A. in Political Science in 2002. Now, Therefore, Be It Resolved: That the Common Council appoints Mr. Brian C. Bray to the position of Senior Legislative Assistant to the Common Council of the City of Buffalo AYES — Fontana, Franczyk, Haynes, Kearns, LoCurto, Rivera 6 Noes — Golombek, Russell, Smith 3 ADOPTED BY: MS. RUSSELL NO 78 BUDGET AND PERSONNEL AMENDMENT 14 - PARKING 1075 - PARKING VIOLATIONS 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 14 - Parking, 1075 - Parking Violations is hereby amended with the addition: 1 Assistant Administrator of Parking $51,788 - $61,315 IT IS HEREBY CERTIFIED, that a personnel requisition incident to the creation of the above - mentioned position, containing a statement of the duties for such position, has been filed with the Municipal Civil Service Commission, and said Commission has approved and certified the position title set forth in the foregoing ordinance as being the appropriate Civil Service title for the proposed position KEVIN J. HELFER, COMMISSIONER OF PARKING AND DONNA J. ESTRICH, DIRECTOR OF BUDGET, ADMINISTRATION AND FINANCE, 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 79 BY: MS. RUSSELL BUDGET AND PERSONNEL AMENDMENT 20 - POLICE 1105 - PUBLIC SAFETY 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 20 - Police, 1105 - Public Safety which currently reads: 97 Detective $ 66,230 Is hereby amended to read: 100 Detective $ 66,230 IT IS HEREBY CERTIFIED, that a personnel requisition incident to the creation of the above - mentioned position, containing a statement of the duties for such position, has been filed with the Municipal Civil Service Commission, and said Commission has approved and certified the position title set forth in the foregoing ordinance as being the appropriate Civil Service title for the proposed position DANIEL DERENDA, POLICE COMMISSIONER AND DONNA J. ESTRICH, DIRECTOR OF BUDGET, ADMINISTRATION AND FINANCE, 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. PASSED AYES -9 NOES -0 NO 80 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 Garnell W. Whitfield, Jr. By Councilmember Council Members Smith, Franczyk, Golombek, LoCurto, Fontana, Kearns, Haynes, Rivera, Russell Felicitation for Janiya A. R. Ashton By Councilmember Demone A. Smith Felicitation for Daphaney Rose Jacquitte By Councilmember Demone A. Smith Felicitation for Liz Loes By Councilmember Dr. Curtis Haynes, Jr. ADOPTED NO 81 ANNOUNCEMENT OF COMMITTEE MEETINGS The following meetings are scheduled. All meetings are held in the Common Council Chambers, 13 floor City Hall, Buffalo, New York, unless otherwise noted. Reaular Committees Committee on Civil Service Tuesday, October 12, 2010 at 9:45 o'clock A.M. Committee on Finance Tuesday, October 12, 2010 at 10:00 o'clock A.M. following Civil Service Committee on Comm. Dev. Tuesday, October 12, 2010 at 1:00 o'clock P.M. Committee on Legislation Tuesday, October 12, 2010 at 2:00 o'clock P.M. Special Committees Special Committee on Finance Wednesday, October 6, 2010 at 1:30 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 82 ADJOURNMENT On a motion by Mr. Fontana, Seconded by Mr. Russell, the Council adjourned at 3:33 P.M. GERALD CHWALINSKI CITY CLERK Board of Police and Fire Pension Proceedings #8 Office of the Mayor -201 City Hall September 16, 2010 Present: Hon David A. Franczyk Gerald Chwalinski, City Clerk The Journal of the last meeting was approved. No. 1 1 transmit herewith the Pension Payroll for the Fire Pension Fund for the month of August 2010 amounting to $3,740.00 and September 2010 amounting to $3,740.00 and request that checks be drawn to the order of the persons named herein for the amounts stated. Adopted Ayes -3. Noes -0. No. 2 1 transmit herewith the Pension Payroll for the Police Pension Fund for the months of August 2010 amounting to $2,815.00 and September 2010 amounting to $2,815.00 and request that checks be drawn to the order of the persons named herein for the amounts stated. Adopted. Ayes -3 Noes -0. No. 3 On motion by Mr. Ball the City of Buffalo Police and Fire Pension Board Meeting adjourned at 11:10 a.m.