Loading...
HomeMy WebLinkAbout10-1103-1021pp (2)NO. 20 PROCEEDINGS OF THE CITY OF BUFFALO NOVEMBER 3, 2010 PENSION PROCEEDINGS OCTOBER 21, 2010 MAYOR Hon. Byron W. Brown COMPTROLLER Andrew Sanfilippo COMMON COUNCIL PRESIDENT OF THE COUNCIL FILLMORE DISTRICT DAVID A. FRANCZYK PRESIDENT PRO TEMPORE NIAGARA DISTRICT DAVID A. RIVERA MAJORITY LEADER LOVEJOY DISTRICT RICHARD A. FONTANA DISTRICT COUNCIL MEMBERS CURTIS HAYES JR - ELLICOTT DEMONE A. SMITH — MASTEN MICHAEL J. LO CURTO — DELAWARE JOSEPH GOLOMBEK JR. — NORTH DAVID A. RIVERA- NIAGARA BONNIE C. RUSSELL - UNIVERSITY 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 November 3, 2010 FINAL MAYOR 1- A. 2011 Cap. Budget Recommendations & 2011 -15 Cap. Improv Prog Recomm_BUDGET MAYOR - EXECUTIVE 2- 1. Cit Serv- Submission of Monthly Report- September 2010 R &F 3- 2. Plan Bd -Neg Declaration -233 Franklin(Ell) R &F 4- 3. Plan Bd -Neg Declaration -55 Thielman(Lov) R &F 5- 4. Strat Plan- Report of Sale -1279 and 1283 Broadway(Fill) APP 6- 5. Strat Plan- Report of Sale -383 Massachusetts(Nia) APP 7- 6. Strat Plan- Report of Sale -1241 Michigan(Ell) APP 8- 7. Strat Plan- Report of Sale -84 Mohr(Fill) APP 9- 8. Strat Plan- Report of Sale -401 Rhode Island(Nia) APP 10- 9. Strat Plan- Report of Sale -133 and 135 Spruce(Ell) APP 11- 10. Strat Plan- Report of Sale -108 Timon(Ell) APP 12- 11. Strat Plan- Report of Sale- Westerly Portion of 94 Glenwood(Mas) CD 13- 12. Strat Plan- Report of Sale -40 and 42 Winter(Nia) APP 14- 13. Strat Plan- Report of Sale -158 Woodlawn(Mas) CD COMPTROLLER 15- 14. Appt Special Assistant to Comptroller(Exempt)(Small) CS ASSESSMENT 16- 15. Appt Temporary Members to Board of Assessment Review(Glover, Robinson) APP 17- 16. Appoint Permanent Member to Board of Assessment Review(Maggio) APP PUBLIC WORKS APP 18- 17. Change in Contract -Curb and Sidewalk Replacement APP 19- 18. Change in Contract - Hickory Woods Infrastructure Improvements APP 20- 19. Request Ordinance Amendment Chapter 479 Traffic Ordinance LEG 21- 22- 23- 20. Steps Within City ROW -468 Delaware Ave(Ell)_ 21. Appoint Assistant Engineer(Perm)(5 Step)(Duk) 22. Appoint Dispatcher(Perm)(4 Step)(Gugino) APP CS CS POLICE 24- 22AA Perm to Accept Various Grants Awarded and Approval - Interfund Cash Loans APP FIRE 31. Restaurant Dance License(Renewal) -1281 Hertel(Del) APP 25- 22A Mass Casualty Supply Vehicle APP PERMITS AND INSPECTIONS 36- 26- 23. Food Store License(New) -2887 Bailey(Univ) LEG 27- 24. Food Store License(New)- 13 5 8 Broadway(Fill) LEG 28- 25. Food Store License(New) -1635 Genesee(Fill) LEG 29- 26. Food Store License(New) -68 Grant(Nia) APP 30- 27. Food Store License(New) -1989 Niagara(North) APP 31- 28. Restaurant Dance License(Renewal) -248 Allen(Ell) APP 32- 29. Restaurant Dance Class III -289 Austin St(North) LEG 33- 30. Restaurant Dance Class IV- 67 W. Chippewa a /k/a 69 W. Chippewa(Ell) UUMMI 34- 31. Restaurant Dance License(Renewal) -1281 Hertel(Del) APP 35- 32. Restaurant Dance Class IV -3144 Main(Univ) LEG 36- 33. Restaurant Dance License(Renewal) -600 North St(Ell) APP HUMAN RESOURCES 37- 34. Response to Correspondence- Acting Time CS CITY CLERK 38- 35. Liquor License Applications R &F 39- 36. Leaves of Absence R &F 40- 37. Appointment Common Council Staff Assistant Legislative Aide(Hurley) ADOPT 41- 38. Appointment Common Council Staff Sr. Legislative Assistant(Bray) ADOPT 42- 39. Notices of Appointments- Mayors Program R &F 43- 40. Notices of Appointment - Seasonal R &F 44- 41. Notices of Appointments- Temp/Prov/Perm CS MISCELLANEOUS Hate Crime Task Force ADOPT 1 sT RES REM LEG 45- 42. J. Booth - Bicycle- Pedestrian Advisory Bd- Healthy City on the Great Lakes CD 46- 43. P. Cammarata -Public Notice - Brownfield Cleanup Prog. -193 Ship Canal Pkwy_CD 47- 44. M. LoCurto- Letters of Recommendation -Brian Bray R &F 48- 45. J. Maciejewski- Procedure for Notification Of Appointed B.A.R. Members R &F 49- 46. NYSDEC - Environ. Cleanup Former Bflo China Site Available for Public Comment R &F 50- 47. J. Pajak -CPC's Recommended 2011 Capital Imp. Budget and Bond Sale BUDGET 51- 47A M. Poloncarz- Letter Re Budget Cut Impact BUDGET PETITIONS 52- 48. D. Sutton, Agent, Use 448 Elmwood- Tenant Build -Out For a Sit -In Restaurant(Nia)(Hrg 11/9) LEG,CPBD 53- 49. A. Ohl & O- Establish Alternate Pkg on S. Ogden Btwn Clinton & Griswold for Winter Months LEG,PW,PARKING RESOLUTIONS 85- 50. Fontana Disch Budget ccp #44 10/19/10 J. Golombek -News > > Article- Lawmakers Try to Solve Big Screen Mystery ADOPT D /C -R &F 86- 50A. Fontana Excuse Councilmember Russell From Meeting ADOPT 87- 51. Fontana Investigation into Toxic Odors In Houghton Pk & Kaisertown_CD,DEC 88- 52. Franczyk, etc. Prevent Appalling Library Cuts ADOPT 89- 53. Golombek Protection From Natural Gas ExtractionADOPT RES' S, REM LEG 90- 53A Kearns COB Tree Removal Plan ADOPT RES' S, REM LEG 91- 53B Kearns Composition of the Police Reorganization Commission ADOPT 92- 53C Franczyk Appointments to Police Reorganization Commission ADOPT 93- 54. LoCurto, etc. Creation and Appoint. of Members to Hate Crime Task Force ADOPT 1 sT RES REM LEG 94- 55. LoCurto North Buffalo Ice Rink Oversight Committee ADOPT 95- 56. LoCurto, etc. Support of Convention on The Elimination of All Forms of Discrimination Against Women ADOPT 96- 57. Russell Greater Law Enforcement Coordination Needed in Univ. Dist ADOPT 1 ST 2 ND & 3 RD RES -REM TO POL O/S 97- 58. Russell Support State of the Art Aquarium Inner Harbor at Memorial Auditorium Site ADOPT 98- 59. Smith Comm of Deeds Public Duties ADOPT SUBMISSION LIST OF COMMITTEE ITEMS FOR THE COUNCIL MEETINGS CIVIL SERVICE 54- 1. Com 16 Oct 19 Appt Confidential Secretary to the Exec Dir(Prov)(Exempt) (Boulware- Wright)(Strat Plan) R &F 55- 2. Com 25 Oct 19 Appt Assistant Administrator (Prov)(Max)(Winnert)(PW) APP 56- 3. Com 31 Oct 19 Appt Building Inspector (Temp)(Max)(Sexton)(EDPI) APP 57- 4. Com 41 Oct 19 Notices of Appointments- Temp /Prow /Perm(Cty Clk) R &F 58- 5. Com 41 Oct 5 Notices of Appointments- Temp /Prow /Perm(Cty Clk) R &F FINANCE 59- 6. No 45 Oct 19 M. Kearns - Invitation to Bflo Museum of Science Ex Director Mortenson to Attend Finance Meeting R &F 60.- 7. Com 28 July 20 Recycling RFP's (Requests for Proposals)(PW) APP COMMUNITY DEVELOPMENT 61- 8. Com 35 Oct 19 Land Lease Btwn BURA and Graphic Controls, LLC -450 Exchange/ 479 -481 Alabama(BURA) R &F 62- 9. Res 86 Oct 19 Approval to Lease 450 Exchange /479 -481 Alabama- Graphic Controls (Hrg 11/3) APP 63- 10. Com 1 Oct 19 2010 -2011 Annual Action Plan Amend (yr 36 Comm Deve Block Grant)(Mayor) RECOMMIT 64- 11. Com 10 Oct 19 Report of Sale 738 Humboldt Pkwy(Masten)(Strat Plan) APP 65- 12. Com 12 Oct 19 Report of Sale 255 Landon(Masten)(Strat Plan) APP 66- 13. Com 14 Oct 19 Report of Sale 285 Loepere(Fill)(Strat Plan) RECOMMIT 67- 14. Com 19 Oct 19 COB Snow Plan 2010- 2011(PW) R &F 68- 15. No 47 Oct 19 NYSDEC- Inactive Hazardous Waste Disposal Site Delist Notice - Anaconda Co. R &F 69- 16. Res108 July 20 BERC Providing Bonuses to it Employees(Except Resolves)_R &F 70- 17. No 55 July 6 M. LoCurto -Req Accounting of Monies Allocated by CC to BERC's Care, Sign or Other Programs R &F LEGISLATION 71- 18. No 50 Oct 19 D. Land, Agent, Use 2616 Main - Convert Take -Out to a Sit -Down Bar /Restaurant(Del)(pub hrg 10/26) RECOMMIT 72- 19. No 51 Oct 19 D. Lloyd, Owner, Use 23 Allen St for a Take -Out Rest. (Ell)(pub hrg 10 /26)APP 73- 20. Com 2 Oct 19 Appts to Shared Asset Forfeiture Fund Advisory Committee(Mayor) APP 74- 21. Com 30 Oct 19 Food Store License(New) -684 LaSalle(Univ)(EDPI) RECOMMIT 75- 22. No 44 Oct 5 J. Golombek -Bflo News Article -Brown Skimped When Recruiting Key PostsR &F 76- 23. No 50 Sept 21 C. Culhane & O -Stop the Dismantling of Playground Located at 376 Urban St_R &F 77- 24. No 85 Sept 7 D. Pridgen- Support Responsible Tobacco Retailing Act R &F 78- 25. No 50 July 6 K.M. Cummings- Remarks Responsible Tobacco Retailing Act R &F 79 26. No 64 July 20 D. Smith -Misc. Support Letters for Responsible Tobacco Retailing Act R &F 80- 27. No 69 July 20 C. Martzolf & O- Support Proposed Responsible Tobacco Retailing Act R &F 81- 28. No 32 April 13 NYSDEC -New Fish Health Reg- Transport of Emerald Shiner Minnows R &F 82- 29. No 38 Sept 29 J Golombek -New Fish Health Regulation- Trans. Of Emerald Shiner Minnows_R &F 83- 30. No 36 Feb 2 S. Doleski - NYSDEC -Req for Time Extension SEQR Review Battaglia Demo Facility 1037 -1055 Seneca St(Fill) R &F 84- 31. No 35 Mar 3 NYSDEC -SEQR- Battaglia Transfer Station- 1037 -1055 Seneca St(Fill) R &F CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO TUESDAY, NOVEMBER 5, 2010 AT 2:00 P.M. Present — David A. Franczyk, President of the Council, and Councilmembers: Fontana, Golombek Jr, Haynes Jr, Kearns, LoCurto, Rivera, Smith —8 Absent — Russell - 1 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 2011 CAPITAL BUDGET RECOMMENDATIONS & 2011 -2015 CAPITAL IMPROVEMENTS PROGRAM RECOMMENDATIONS In accordance with §20 -24 of the City Charter, attached please find my recommended 2011 City of Buffalo Capital Budget and 2011- 2015 Capital Improvements Program. Based upon the City of Buffalo Comptroller's recommended debt limits, the 2011 Capital Budget consists of $22.4 million in funding for City of Buffalo projects and $4.9 million for Buffalo Public Schools projects. In recommending individual expenditures, my administration has thoroughly reviewed the recommendations of the Citizens Planning Council (CPC). My administration is greatly appreciative of the difficult task performed by the CPC in evaluating more than $78 million in requests. As evidenced by the attached budget, I have adhered closely to the recommendations of the CPC. My recommended Capital Budget contains a wide variety of capital improvement projects with more than $2.89 million in funding for City Parks including the Olmsted Parks and historic Broderick Park. This funding is necessary given the County of Erie's decision to return management of the parks to the City of Buffalo. The remainder of the City's $22.4 million in capital funding is highlighted by: • Citywide Infrastructure — Repair /Replacement $5,146,561 • Buffalo Public Schools $4,900,000 • Emergency Demolitions $2,686,022 • City -wide Tree Removal & Planting $1,605,000 • Buffalo Fire Department Fire Apparatus $1,465,900 • Buffalo Police Department Prisoner Lock -up $1,405,000 • Cultural Institutions $1,235,420 • City -wide Community Centers (HVAC, Mechanical, Electrical, Roof Repairs) $ 561,750 • Building Needs Assessment $ 535,000 • Broadway Market $ 347,750 • Downtown Ball Park (Coca -Cola Field) Improvements $ 188,320 REFERRED TO THE SPECIAL COMMITTEE ON BUDGET FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE OFFICE OF CITIZEN SERVICES NO2 SUBMISSION OF MONTHLY REPORT- SEPTEMBER 2010 The Office of Mayor, Division of Citizen Services, hereby submits, for your Honorable Body's review and approval, the monthly reports for the Mayor's Call and Resolution Center for the month of September 2010, as mandated by Section 6 -20(c) of the City of Buffalo's City Charter. This monthly statistical report details the number and nature of inquiries, requests and complaints received. RECEIVED AND FILED FROM THE CITY PLANNING BOARD NO3 PLAN BD -NEG DECLARATION -233 FRANKLIN (ELL) SEQRA Notice of Determination Non Significance Negative Declaration This notice is issued pursuant to Part 6t 7 of the implementing regulations pertaining to Article 8 (SEAR - State Environmental Quality Review) of the Environmental Conservation Law. Lead Agency: City of Buffalo Planning Board Room 901, City Hall 65 Niagara Square Buffalo New York 14202 As per the provisions of SEAR, the Lead Agency has reviewed the following action as it relates to the environment: Action Title The Calumet Building Location: 233 Franklin Street Type of Action: Type I, Coordinated Description: Carmine, Woods, Morris Architecture, Engineering & Interior Design Is proposing the rehabilitation of the Calumet Building on the property located at 233 Franklin Street, Buffalo New York. The project will include the exterior restoration, including new windows and masonry/terra cotta restoration. The first floor will remain Commercial Tenant Space while floors two and three will be converted into law offices. It is expected that the proposed construction could begin in December with a five to six month construction schedule. The budget is currently set for two million dollars all of which will be privately funded. The project financing will be offset through historic preservation tax credits. The process for receiving tax credits has already begun, In addition to the comprehensive restoration of the exterior, all new windows, masonry cleaning /re- pointing and a new roof along with the complete renovation of the interior. As a result of this Environmental Review, the Lead Agency has determined the undertaking of this action will not have a significant adverse affect on the quality of the environment, No further environmental review of this action will he conducted prior to project implementation and a Draft Environmental Impact Statement will not be prepared. Reasons Supporting This Determination: The facts and reasons for this decision are as follows: this project will renovate and preserve for many years an important building in the core of Downtown Buffalo. The identified potential negative impacts appear to be primarily short - term site preparation and construction related activities, and do not appear to be significant in magnitude or effect. There are no actions, which will have a significant adverse impact on the environment. For further information relative to this Negative Declaration, contact Mr. Martin Grunzweig, Land Use Controls Coordinator, Room 901 City Hall, Buffalo, New York 14202 - 716 851 -5085 RECEIVED AND FILED N04 PLAN BD -NEG DECLARATION -55 THIELAMN (LOV) SEQRA Notice of Determination Non Significance Negative Declaration This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (SEAR- State Environmental Quality Review) of the Environmental Conservation Law. Lead Agency City of Buffalo Planning Board Room 901, City Hall 65 Niagara Square Buffalo New York 14202 As per the provisions of SEQR the Lead Agency has reviewed the following action as it relates to the environment: Action Title North Star Supply Building Addition Location 55 Thielman Drive Type of Action: Unlisted- Uncoordinated Description: Kulbacks Construction Inc, General contractors on behalf of North Star Supply is proposing the construction of a building addition located at 55 Thielman Drive, Buffalo New York. The proposed project consists of the construction of a 9,025 square foot single story warehouse addition to the existing building. The building will match the existing building being a pre engineered design that abuts the easterly sidewall of the existing metal paneled building. There will be no additional parking, loading or staging areas. The existing lighting and signage will not be changed. The project will be funded privately by M &T Bank in the amount of approximately $400.000.00. The anticipated time of completion is three months. As a result of this Environmental Review, the Lead Agency has determined the undertaking of this action will not have a significant adverse affect on the quality of the environment. No further environmental review of this action will be conducted prior to project implementation and a Draft Environmental Impact Statement will not be prepared. Reasons Supporting This Determination: The facts and reasons for this decision are as follows: this project will allow North Star Supply Inc. to remain profitable at this location, as well as providing a better facility for their customers. The identified potential negative impacts appear to be primarily short -term site preparation and construction related activities, and do not appear to be significant in magnitude or effect. There are no actions, which will have a significant adverse impact on the environment. For further information relative to this Negative Declaration, contact Mr. Martin Grunzweig, Land Use Controls Coordinator, Room 901 City Hall, Buffalo New York 14202 - 716 851 -5085 RECEIVED AND FILED FROM THE OFFICE OF STRATEGIC PLANNING N06 STRAT PLAN- REPORT OF SALE -1279 AND 1283 BROADWAY (FILL) 1279 Broadway, 32.43'W Mohr Lot Size: 30'x 126' Assessed Valuation: $1,500.00 1283 Broadway, W Cor. Mohr Lot Size: 32'x irreg. 132.98' EL Assessed Valuation: $1,400.00 (Fillmore District) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Gregory Wachowiak, 1275 Broadway Street, Buffalo, New York 14212 to purchase 1279 and 1283 Broadway. Mr. Wachowiak owns and resides at 1275 Broadway, which is adjacent to 1279 and 1283 Broadway. He intends to use these properties for additional green space. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. The Division of Real Estate has investigated the sale of similar lots in the subject area. Sales range from Sixty Five Cents ($.65) to Seventy Five Cents ($75), per square foot. Mr. Wachowiak has agreed and is prepared to pay Five Thousand Nine Hundred Dollars ($5,900.00), Seventy Five Cents ($75) per square foot for the subject properties. 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 1279 and 1283 Broadway to Mr. Gregory Wachowiak in the amount of Five Thousand Nine Hundred Dollars ($5,900.00). 1 am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. Mr. Fontana moved: That the above communication from the Office of Strategic Planning dated October 22, 2010, be received and filed; and That the offer from Mr. Gregory Wachowiak, 1275 Broadway, in the sum of Five Thousand Nine Hundred Dollars ($5,900.00) for the purchases of 1279 and 1283 Broadway, be and they hereby are accepted; and That the transfer taxes, recording fees and cost of legal descriptions shall be paid by the purchaser; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of rifles and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offers were submitted. PASSED AYES -8 NOES -0 N06 STRAT PLAN -REORT OF SALE -383 MASSACHUSETTS(NIA) 383 Massachusetts, 107' E Shields Lot Size: 25'x 1 00' Assessed Valuation: $4,100.00 (Niagara District) The Office of Strategic Planning, Division of Real Estate has received a request from the Neighborhood Stabilization Corporation, Mr. Aaron Bartley, 271 Grant Street, Buffalo, New York 14213 to purchase 383 Massachusetts. This vacant lot will be used for community 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 One Dollar ($1.00) to One Dollar and Fifty Cents ($1.50), per square foot. Neighborhood Stabilization Corporation has agreed and is prepared to pay Three Thousand One Hundred Twenty Five Dollars ($3,125.00), One Dollar and Twenty Five Cents ($1.25) per square foot for the subject property. They have also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 383 Massachusetts to Neighborhood Stabilization Corporation in the amount of Three Thousand One Hundred Twenty Five Dollars ($3,125.00). 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 October 19, 2010, be received and filed, and That the offer from Neighborhood Stabilization Corporation, Mr. Aaron Bartley, 271 Grant Street, in the sum of Three Thousand One Hundred and Twenty -Five Dollars ($3,125.00) for the purchase of 383 Massachusetts, 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 -8 NOES -0 N07 STRAT PLAN - REPORT OF SALE -1241 MICHIGAN (ELL) 1241 Michigan, 90.75' N Southampton Lot Size: 25'x 11 5' Assessed Valuation: $1,200.00 (Ellicott District) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Bryon J. McIntyre, 1239 Michigan Avenue, Buffalo, New York 14209 to purchase 1241 Michigan. Mr. McIntyre owns and resides at 1239 Michigan, which is adjacent to 1241 Michigan. He intends to use the vacant lot for additional yard space. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. The Division of Real Estate has investigated the sale of similar lots in the subject area. Sales range from Forty Five Cents ($.45) to Sixty Five Cents ($.65), per square foot. The results of our negotiations are that Mr. McIntyre has agreed and is prepared to pay One Thousand Three Hundred Dollars ($1,300.00), Forty Five Cents ($.45) 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 1241 Michigan to Mr. McIntyre 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. Mr. Fontana moved: That the above communication from the Office of Strategic Planning dated October 22, 2010, be received and filed; and That the offer from Mr. Bryon J. McIntyre, 1239 Michigan Avenue, in the sum of One Thousand and Three Hundred Dollars ($1,300.00) for the purchase of 1241 Michigan, 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 -8 NOES -0 N08 STRAT PLAN - REPORT OF SALE -84 MOHR (FILL) Report of Sale 84 Mohr, 260' N Grimes Lot Size: 30'x 120' Assessed Valuation: $1,500.00 (Fillmore District) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Donald W. Wainwright, 80 Mohr Street, Buffalo, New York 14212 to purchase 84 Mohr Street. Mr. Wainwright owns and resides at 80 Mohr Street, which is adjacent to 84 Mohr. He intends to use the vacant lot for additional green space. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. The Division of Real Estate has investigated the sale of similar lots in the subject area. Sales range from Forty Cents ($,40) to Sixty Cents ($.60), per square foot. Mr. Wainwright has agreed and is prepared to pay One Thousand Five Hundred Dollars ($1,500.00), Forty Two Cents ($.42) 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 84 Mohr to Mr. Donald Wainwright in the amount of One Thousand Five Hundred Dollars ($1,500.00). 1 am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. Mr. Fontana moved: That the above communication from the Office of Strategic Planning dated October 22, 2010, be received and filed; and That the offer from Mr. Donald W. Wainwright, 80 Mohr Street, in the sum of One Thousand and Five Hundred Dollars ($1,500.00) for the purchase of 84 Mohr, 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 -8 NOES -0 N09 STRAT PLAN - REPORT OF SALE -401 RHODE ISLAND (NIA) Report of Sale 401 Rhode Island, E Corner of Bremen Lot Size: 44'x 104' Assessed Valuation: $5,900.00 (Niagara District) The Office of Strategic Planning, Division of Real Estate has received a request from the Neighborhood Stabilization Corporation, Mr. Aaron Bartley, 271 Grant Street, Buffalo, New York 14213 to purchase 401 Rhode Island. This vacant lot will be used for community 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 tots in the subject area. Sales range from One Dollar ($1.00) to One Dollar and Fifty Cents ($1.50), per square foot. Neighborhood Stabilization Corporation has agreed and is prepared to pay Six Thousand Nine Hundred Dollars ($6,900.00), One Dollar and Fifty Cents ($1.50) per square foot for the subject property. They have also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 401 Rhode Island to Neighborhood Stabilization Corporation in the amount of Six Thousand Nine Hundred Dollars ($6,900.00). 1 am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. Mr. Fontana moved: That the above communication from the Office of Strategic Planning dated October 19, 2010, be received and filed; and That the offer from Neighborhood Stabilization Corporation, Mr. Aaron Bartley, 271 Grant Street, in the sum of Six Thousand and Nine Hundred Dollars ($6,900.00) for the purchase of 401 Rhode Island, 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 -8 NOES -0 NO 10 STRAT PLAN -REORT OF SALE -133 AND 135 SPRUCE (ELL) Report of Sale 133 Spruce, 202' S Genesee Lot Size: 25'x 106' Assessed Valuation: $1,300.00 135 Spruce, 177' S Genesee Lot Size: 25'x 106' Assessed Valuation: $1,400.00 (Ellicott District) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Thomas H. Burton, President of Tatanka Development Company, Inc., 403 Main Street, Suite 716, Buffalo, New York 14203 to purchase 133 and 135 Spruce. Tatanka Development Company, Inc. own properties in the surrounding area and intend to use 133 and 135 Spruce for their future development. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. The Division of Real Estate has investigated the sale of similar lots in the subject area. Sales range from Forty Cents ($.40) to Sixty Cents ($.60), per square foot. Mr. Burton on behalf of Tatanka Development, Inc. has agreed and is prepared to pay Two Thousand Five Hundred Dollars ($2,500.00), Forty Seven Cents ($.47) per square foot for the subject properties. They have also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 133 and 135 Spruce to Tatanka Development Company, Inc. in the amount of Two Thousand Five Hundred Dollars ($2,500.00). 1 am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. Mr. Fontana moved: That the above communication from the Office of Strategic Planning dated October 22, 2010, be received and filed; and That the offer from Mr. Thomas H. Burton, President of Tatanka Development Company, Inc., 403 Main Street, Suite 716, in the sum of Two Thousand and Five Hundred Dollars ($2,500.00) for the purchases of 133 and 135 Spruce, be and they hereby are accepted; and That the transfer taxes, recording fees and cost of legal descriptions shall be paid by the purchaser; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of titles and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offers were submitted. PASSED AYES -8 NOES -0 NO 11 STRAT PLAN - REPORT OF SALE -108 TIMON (ELL) Report of Sale 108 Timon, 210' S Best Lot Size: 3'x 137' Assessed Valuation: $200.00 (Ellicott District) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Kenneth L. Gayles, 240 Le Brun Road, Amherst, New York 14226 to purchase 108 Timon Street. Mr. Gayles owns a two family house at 110 Timon, which is adjacent to 108 Timon. He intends to use the vacant lot for additional green space for his tenants. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. The Division of Real Estate has investigated the sale of similar lots in the subject area. Sales range from Forty Cents ($.40) to Sixty Cents ($.60), per square foot. Mr. Gayles has agreed and is prepared to pay Two Hundred Fifty Dollars ($250.00), Sixty Cents ($.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 108 Timon to Mr. Kenneth Gayles in the amount of Two Hundred Fifty Dollars ($250.00). 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 October 22, 2010, be received and filed, and That the offer from Mr. Kenneth L. Gayles, 240 LeBrun Road, Amherst, NY 14226, in the sum of Two Hundred and Fifty Dollars ($250.00) for the purchase of 108 Timon, be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES -8 NOES -0 NO 12 STRAT PLAN - REPORT OF SALE - WESTERLY ORTION OF 94 GLENWOOD (MAS) Report of Sale Westerly Portion of 94 Glenwood Lot Size: 25'x 106' (Masten District) The Office of Strategic Planning, Division of Real Estate has received a request from Ms. Debra L. Jackson, 89 Decker Street, Buffalo, New York 14215 to purchase the westerly portion of 94 Glenwood, 25'x 106'. Ms. Jackson owns a one family house at 92 Glenwood, which is adjacent to the westerly portion of 94 Glenwood. She intends to use said portion of the City owned vacant lot for additional green space. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. The Division of Real Estate has investigated the sale of similar lots in the subject area. Sales range from Fifty Cents ($.50) to Seventy Five Cents ($75), per square foot. Ms. Jackson 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. 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 the westerly portion of 94 Glenwood, 25'x 106', to Ms. Debra Jackson 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. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO 13 STRAT PLAN - REPORT OF SALE -40 AND 42 WINTER (NIA) Report of Sale 40 Winter, 225' SE Hampshire Lot Size: 30'x 151' Assessed Valuation: $5,400.00 42 Winter, 195' SE Hampshire Lot Size: 30'x 71' Assessed Valuation: $3,700.00 (Niagara District) The Office of Strategic Planning, Division of Real Estate has received a request from the Neighborhood Stabilization Corporation, Mr. Aaron Bartley, 271 Grant Street, Buffalo, New York 14213 to purchase 40 and 42 Winter. These vacant lots will be used for community 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 One Dollar ($1.00) to One Dollar and Fifty Cents ($1.50), per square foot. Neighborhood Stabilization Corporation has agreed and is prepared to pay Six Thousand Six Hundred Sixty Dollars ($6,660.00), One Dollar ($1.00) per square foot for the subject properties. They have also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 40 and 42 Winter to Neighborhood Stabilization Corporation in the amount of Six Thousand Six Hundred Sixty Dollars ($6,660.00). 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 October 19, 2010, be received and filed; and That the offer from Neighborhood Stabilization Corporation, Mr. Aaron Bartley, 271 Grant Street, in the sum of Six Thousand and Six Hundred and Sixty Dollars ($6,660.00) for the purchases of 40 and 42 Winter, be and they hereby are accepted; and That the transfer taxes, recording fees and cost of legal descriptions shall be paid by the purchaser; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of titles and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offers were submitted. PASSED AYES -8 NOES -0 NO 14 STRAT PLAN - REPORT OF SALE -158 WOODLAWN(MAS) 158 Woodlawn, 67.50'w Chester Lot Size 33'x 1 00' Assessed Valuation $1,400.00 (Masten District) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Nelson Cosgrove, Attorney at Law, for Gospel Expansion Ministries Foundation, Inc., Rev. Otis C. Tillman, 461 Masten Avenue, Buffalo, New York 14209 to purchase the City owned vacant lot at 158 Woodlawn, The Foundation owns a social services outreach center at 148 Woodlawn, which is adjacent to 158 Woodlawn. They intend to construct a playground area for the center. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. The Division of Real Estate has investigated the sale of similar lots in the subject area. Sales range from Forty Cents ($.40) to Fifty Cents ($.50), per square foot. Gospel Expansion Ministries Foundation, Inc. has agreed and is prepared to pay One Thousand Seven Hundred Dollars ($17,00.00), Fifty Cents ($.50) per square foot for the subject property. They have also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 158 Woodlawn to Gospel Expansion Ministries Foundation, Inc., Rev. Otis Tillman 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. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT FROM THE COMPTROLLER NO 15 APPT SPECIAL ASSISTANT TO COMPTROLLER (EXEMPT)(SMALL) Certificate of Appointment Appointment effective October 25, 2010 in the Department of Audit and Control Division of Comptroller to the Position of Special Assistant to the Comptroller Exempt Appointment Flat Starting Salary of $63,676 Amber Small, 65 Maple Road, Fredonia, NY 14063 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF ASSESSMENT AND TAXATION NO 16 BOARD OF ASSESSMENT REVIEW APPOINTMENT, TEMPORARY MEMBERS WARREN GLOVER AND ARTHUR ROBINSON I am respectfully requesting Common Council action to re- appoint as temporary members to the Board of Assessment Review (BAR) the individuals listed below who served last year as temporary BAR members. They will serve, if necessary, approximately twenty days as needed during the time period of January 2011 to mid - February 2011. The Department of Assessment & Taxation is preparing contingencies should it prove to be necessary to supplement the existing permanent board for the upcoming assessment challenge period. These two (2) temporary boardmembers working in conjunction with the five permanent members will allow this office to establish mini - boards, if needed. At times in the past we have needed to use all five (5) permanent and the temporary members to guarantee daily quorums due to member absences and the volume of challenges. Having temporary members appointed, trained and available for service assures the smooth functioning of the review process. Therefore I am recommending Common Council approval of the following individuals to serve a one (1) year term as temporary BAR members: Warren Glover, 17 Newport Avenue, Buffalo, New York 14216 Arthur Robinson, 192 Maurice Street, Buffalo, New York 14210 Mr. Fontana moved: That the above communication from the Commissioner of Assessment & Taxation dated October 20, 2010, be received and filed; and That the reappointment as temporary members to the Board of Assessment Review, to serve, if necessary, approximately twenty (20) days as needed during the time period of January 2010 to mid February 2011 of Warren Glover, 17 Newport and Arthur Robinson, 192 Maurice Street, are hereby approved to serve a one (1) year term, on the condition that they do not owe any outstanding liens to the City of Buffalo. PASSED AYES -8 NOES -0 NO 17 APPTPERMANENT MEMBER TO BOARD OF ASSESSMENT REVIEW(MAGGIO) Board of Assessment Review Appointment, Permanent Member William Maggio The five (5) year appointment to the Board of Assessment Review of William Maggio, 230 Wellington Avenue, Buffalo, New York 14216 expired on September 30, 2010. By state provision, a Board of Assessment Review member whose term has expired may not participate in board actions and may not be considered for purposes of determining a quorum. Any new or reappointed member must receive training from the Erie County Director of Real Property Services and be certified to New York State before assuming the duties of a board member. Therefore, I am respectfully requesting the Common Council reappoint Mr. Maggio to an additional five (5) year term as soon as possible so that the required State training can occur before commencement of hearings. Mr. Fontana moved: That the above communication from the Commissioner of Assessment & Taxation dated October 20, 2010, be received and filed; and That the reappointment to the Board of Assessment Review of William Maggie, 230 Wellington Avenue for an additional five (5) year term as soon as possible so that the required State training can occur before commencement of hearings, on the condition that he does not owe any outstanding liens to the City of Buffalo. PASSED AYES -8 NOES -0 FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO 18 CHANGE IN CONTRACT CURB & SIDEWALK REPLACEMENT- 2010, GR. #706 MID -CITY NRSA BOUNDARY- BURA FUNDED VALERI CONCRETE CONSTRUCTION, INC. CONTRACT #93000613 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 sidewalk replacement. Location of work eligible with Mid - City NRSA Boundary: Ellicott District Eaton — Jefferson to Masten Masten District Castle - Kensington to Leroy Contract Description Unit Estimated Estimated Item Price Quantity Cost R05.204 Concrete Sidewalk- 4" Replacement $4.35 /sq.ft. 8,700 sq.ft. $37,845.00 R05.205 Concrete Sidewalk - 5' Replacement $4.73 /sq.ft. 8,000 sq.ft. $37,840.00 12.110 Maintenance & Protection 100% 1 /lump sum $ 2,200.00 of Traffic Total Change Order $77,885.00 Original Contract Amount $431,117.50 Change Order #1 $ 77,885.00 Total Contract to Date $509,002.50 Funds are available in a CDBG -R Account, Capital Projects Account #33311106 - 445100, and another account(s) to be named at a future date. I respectfully certify that this change order is fair and equitable for the work involved, and respectfully request that Your Honorable Body approve the subject change order and authorize the Commissioner of Public Works, Parks & Streets to issue said change order to Valeri Concrete Construction, Inc. Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated October 12, 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 Valeri Concrete Construction, Inc., an increase in the mount of $77,885.00, as more fully described in the above communication, for work relating to Curb & Sidewalk Replacement - 2010, Group #706, Contract #93000613. Funds for this project are available in a CDBG -R Account, Capital Projects Account #33311106 - 445100, and another account(s) to named at a future date. PASSED AYES -8 NOES -0 NO 19 CHANGE IN CONTRACT HICKORY WOODS INFRASTRUCTURE IMPROVEMENTS CURB & SIDEWALK REPLACEMENT -2010, GR. #698A P & J CONSTRUCTION CO., INC. CONTRACT #93000588 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 schedule the following work: Location of work eligible within Hickory Woods boundary as outlined in this contract. 1.) Payne - Folger to Hopkins 2.) Garvey - Folger to Hopkins 3.) Area bounded by South Park; Abby; Hopkins; Tifft Contract Description Unit Estimated Estimated Item Price Quantity Cost H R05.204 Concrete Sidewalk/4" Replacement $4.67/sq. ft. 14,400 sq.ft. $67,248.00 H R05.205 Concrete Sidewalk/5' Replacement $4.95 /sq.ft. 7,000 sq. ft. $34,650.00 H12.110 Maintenance & Protection of Traffic 1 /lump sum As Necessary $3,000.00 H613.0101 Topsoil $44 /cu.yd. 70 cu.yds.$3,080.00 H90.500 Miscellaneous Construction 1 /lump sum As Necessary $2,022.00 $110,000.00 Existing Contract Amount $695,042.04 Change Order #1 $110,000.00 Total Contract to Date $805,042.04 Funds are available in Capital Projects Account #33311106 - 445100, and account(s) to be named at a later date. I respectfully certify that this change order is fair and equitable for the work involved, and respectfully request that Your Honorable Body approve the subject change order and authorize the Commissioner of Public Works, Parks & Streets to issue said change order to P & J Construction Co., Inc. Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated October 12, 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 P & J Construction Co., Inc., an increase in the amount of $110,000.00, as more fully described in the above communication, for work relating to Curb & Sidewalk Replacement - 2010, Group #688A, Contract #93000588. Funds for this project are available in Capital Projects Account #33311106 - 445100, and another account(s) to named at a future date. PASSED AYES -8 NOES -0 NO 20 REQUEST ORDINANCE AMENDMENT CHAPTER 479 TRAFFIC ORDINANCE The residents of the Marine Drive Apartments have made numerous requests to reduce the speed limit of Marine Drive between Erie and Commercial Streets to fifteen (15) miles per hour. Section 1643 of the New York State Vehicle and Traffic Law (V &T) states that "no such speed limit applicable on or along designated highways within such city or village shall be established at less than twenty -five miles per hour," with exceptions for highways passing schools or within city parks. This section of Marine Drive does not meet the requirements of the V &T to allow for a fifteen mile per hour limit, as it is neither adjacent to a school nor within a park. Marine Drive is, however, adjacent to the Buffalo Naval and Servicemen's Park and has seen an increase in pedestrian activity. In response to these requests, and in compliance with the V &T, the Traffic Engineering Division recommends that Marine Drive be posted with a twenty -five (25) mile per hour speed limit. The Traffic Ordinances of the City of Buffalo (Chapter 479) need to be properly updated to reflect this change, therefore, I request Your Honorable Body's approval of the following amendments to the Traffic Ordinances of the City of Buffalo, Chapter 479: I) That Subsection 3a of Section 14 of Article 1, Chapter 479 of the Code of the City of Buffalo be amended to read as follows: Section 14. Speed regulations (3) Maximum speed limits 15, 30, 35 & 40 MPH (a) Thirty (30) miles per hour is hereby established as the maximum speed limit at which vehicles may proceed on or along streets or highways within this City except on streets or highways as follows: 1. Delaware Avenue between West Delavan Avenue and Amherst Street. 2. Elmwood Avenue between Hertel Avenue and Hinman Avenue. 3. Broadway between Bailey Avenue East City Line. 4. Main Street between Kenmore Avenue and the East City Line 5. East Meadow Drive between Meadow Plaza and Colvin Avenue extension 6. North Meadow Drive between Colvin Avenue extension and South Meadow Drive 7. Agassiz Circle entrance to Delaware Park between Meadow Plaza and Parkside Avenue 8. Jewett Parkway extension between East Meadow Drive and Parkside Avenue 9. Colvin Avenue extension between East Meadow Drive, North Meadow Drive and Amherst Street 10. Meadow Road extension between North Meadow Drive and Nottingham Terrace 11. South Meadow Drive between North Meadow Drive and Meadow Plaza 12. Cazenovia Parkway between Abbott Road and Cazenovia Street 13. Cazenovia Parkway entrance between Cazenovia Parkway and Seneca Street 14. King Park, north drive, south drive and west drive 15. King Park entrance between King Park, north drive and Northampton Street 16. King Park entrance between King Park, west drive /south drive and Best StreetM/est Parade Avenue 17. AMVETS Drive between D. A.R. Drive and Porter Avenue 18. D.A.R. Drive between AMVETS Drive and Porter Avenue 19. Hotaling Drive between Niagara Street and Tonawanda Street 20. South Park, north drive, south drive, east drive and west drive 21. McKinley Parkway extension between South Park, east drive and South Park Avenue 22. Hopkins Street extension between South Park, north drive and Hopkins Street 23. The Front Park drive between Porter Avenue and the northwest end 24. Grover Cleveland Park drive between Main Street and the south end 25. Marine Drive between Erie Street and Commercial Street II) That Subsection 3e of Section 14 of Article 1, Chapter 479 of the Code of the City of Buffalo be amended to read as follows: (e) Twenty -five (25) miles per hour is hereby established as the maximum speed at which vehicles may proceed on the following streets or highways: 1. East Meadow Drive between Meadow Plaza and Colvin Avenue extension 2. North Meadow Drive between Colvin Avenue extension and South Meadow Drive 3. Agassiz Circle entrance to Delaware Park between Meadow Plaza and Parkside Avenue 4. Jewett Parkway extension between East Meadow Drive and Parkside Avenue 5. Colvin Avenue extension between East Meadow Drive, North Meadow Drive and Amherst Street 6. Meadow Road extension between North Meadow Drive and Nottingham Terrace 7. South Meadow Drive between North Meadow Drive and Meadow Plaza 8. Marine Drive between Erie Street and Commercial Street [ ] [material to be deleted.] material to be added. REFERRED TO THE COMMITTEE ON LEGISLATION NO 21 468 DELAWARE AVE. STEPS WITHIN CITY RIGHT OF WAY (ELL) Mr. Richard Stanton, of the Knoer Group, has requested permission to encroach City right of way at 468 Delaware Avenue. The property owners are seeking permission to construct a three story building at this site that would include approximately 3 steps within City right of way. The steps would not be within the main public sidewalk or impede pedestrian traffic. The Department of Public Works, Parks and Streets has reviewed this request with regards to the encroachment issue pursuant to Chapter 413, Section 67 (encroachment regulations) of the City Charter and recommends that Your Honorable Body refer this item to the Planning Board for the necessary site plan review and approval. If approved by the Planning Board and Your Honorable Body the Commissioner will issue a "Mere License" for said steps within City right of way provided the following conditions are met: 1. That the applicant obtain any and all City of Buffalo permits necessary. 2. That the steps be installed exactly as shown on plans submitted to and approved by the Department of Permit & Inspection Services. 3. That the applicant be responsible for maintenance of the steps as long as they remain within City right of way. 4. That, in the event the Commissioner of Public Works, Parks and Streets determines the encroachment must cease as a result of factors effecting the health, safety and welfare of the public, or the needs of the City, said Commissioner may order the immediate removal of the encroachment as described in Chapter 413 -67 (F) of the City Charter. 5. That the applicant supply the Department of Public Works, Parks and Streets with a certificate of insurance, in an amount deemed sufficient by the Corporation Counsel, which will indemnify and save harmless the City of Buffalo against any and all loss or damage arising out of the construction, maintenance, use or removal of said steps within City right of way. Mr. Fontana moved: That the Communication dated October 26, 2010 from the Commissioner of Public Works, Parks and Streets is received and filed and that the Commissioner is hereby authorized to issue a "Mere License" to Richard Stauton on behalf of the Knoer Group and its client to encroach upon the City Right of Way with 3 steps hereby is approved upon the conditions prescribed by the Commissioner in the above Communication. PASSED AYES -8 NOES -0 NO 22 APPOINT ASSISTANT ENGINEER (PERM)(5 STEP)(DUK) Certificate of Appointment Appointment effective October 13, 2010 in the Department of Public Works, Parks & Streets, Division of Engineering to the Position of Assistant Engineer Permanent, at the 5 th Step Starting Salary of $52,147. Thomas Duk, 56 Shenadoah Rd. Buffalo 14220 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO 23 APPOINT DISPATCHER(PERM)(4 STEP)(GUGINO) Certificate of Appointment Appointment effective October 18, 2010 in the Department of Public Works, Division of Water to the Position of Dispatcher Permanent, Promotion 4 h Step Starting Salary of $39,101 Michael Gugino, 171 Nicholson St., Buffalo 14216 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF POLICE NO 24 PERM TO ACCEPT VARIOUS GRANTS AWARDED AND APPROVAL - INTERFUND CASH LOANS As you are aware, the Buffalo Police Department continues to be successful in securing grant funding through various sources. We have received official verification and confirmation from the County, State and Federal Governments as to these awards. We have been notified by the New York State Division of Criminal Justice Services, that based on Chapter 313, Laws of 2010, (the federal Medicaid Assistance Program (FMAP) Contingency Allocation Plan) the Governor and the Legislature authorized 1.1 % local assistance reductions against all unspent General Fund & Special Revenue local assistance funds based on projected cash disbursements for the remainder of SFY 2010 -11. There will be a reduction against all awards with a cash balance moving forward on our DCJS grants in order to balance the difference of what the state actually received for the FMAP. Accordingly, appropriations will be reduced as the State is invoking the Executory Clause in Appendix A of our contract which prohibits contracting beyond the funds appropriated. Therefore, as of September 16 (we were notified October 20th), all vouchers processed during SFY 2010 -11, for affected contracts, will be reduced to accommodate the reduction to the state appropriation, by the 1.1 % We also had a recent visit from one of our State Grant Program Representatives, who advised us that it is 1.1 % now, but that we must keep on top of our reimbursement requests. Also, we do not know how these grants will be affected after the gubernatorial election and we want to try and at least safeguard our current situation. Therefore, in order to keep within the practices of our grant processing, especially in this time of critical need for funds, we are asking permission from your Honorable Body and Buffalo's Fiscal Stability Authority for the Mayor to enter into the contracts listed below. In addition, we are also requesting, as is our standard practice, that your Honorable Body authorize the Comptroller to provide for an interfund cash loan for all non - personnel expenses until such reimbursements are secured by the funding source (County, State, "Feds "). We have listed the amounts under each identified grant and each loan would then be repaid as the reimbursements are sent to the City under the individual grant programs. As you also know, the grant process often involves delayed information, budgets, and contracts at these government levels, often times beyond the City's control, and therefore creates a pressing situation for the processing of the required paperwork. Some of these grants involve personnel expenses, equipment, etc. and it is imperative that we spend out the funding prior to the end of the grant's fiscal year, and in most cases, because of the lengthy processing, we are constantly faced with time constraints, and now this latest tactic by the State, therefore, we would appreciate your approval at the November 3 rd meeting due to this critical matter. NYS MOTOR VEHICLE TIIEFT /INSURANCE FRAUD PREVENTION GRANT We are asking for authorization for the Mayor to enter into a renewal agreement between the City of Buffalo and the Department of Criminal Justice Services under the State's Motor Vehicle Theft and Insurance Fraud Prevention Program for the period 01 -01 -11 through 12- 31 -11. The grant award will be a maximum of awarded $116,700 and the expenditures under this grant project will cover reimbursement for a Detective's position as it relates to the incidence of automobile thefts and correlated crimes (including overtime, if applicable), training expenses, and an equipment expense (air card service). We are requesting an interfund cash loan for all non - personnel expenditures (training /equipment expenditures pertinent to this initiative) until such reimbursement is secured from the State. The loan would then be repaid as the reimbursements are sent to the City from the State under this grant project. There is no City Match involved with this grant. OPERATION IMPACT VII - The Buffalo Police Department is respectfully asking for authorization for the City to accept funds, totaling $649,426, from the NYS Division of Criminal Justice Services as part of Operation Impact Year 7 covering the grant period of 7/1/10 through 6/30/11. Operation Impact is part of a comprehensive strategy in New York State to reduce violent crime involving gangs, guns and drugs through integrated anti -crime teams. Buffalo's strategy includes coordination with federal (ATF, FBI, DEA, US Marshal) state (NYS Police) and local law enforcement (Buffalo Police, Erie Co. Sheriff Dept, Central Police Services, NFTA, Housing) as well as Probation, Parole, the US Attorney's Office, and the District Attorney's Office. Again this year, awards were competitive throughout NY State, and also, the State will reimburse the City of Buffalo directly for the $649,426; there is no match associated with this grant. The funding award will be utilized for reimbursing a Violent Felony Task Force Detective's Salary/Fringes; 1 Report Technician Salaries /Fringes; the Salary/Fringes of (2) Crime Analysts, including one assigned to the Violent IMPACT Felony Task Force; Overtime for Tactical /Strategic /Planning Operations and Directed Patrol in City neighborhoods; Domestic Violence orders of protection /sex offender registration; community service projects (St Brigid /Columba, Police Explorers, OMEGA Youth Mentoring, Emslie YMCA) to work with young people fostering positive activities that deal with the myriad of problems they face with an emphasis on self -love, self - knowledge, self - development and responsible citizenship; Equipment that includes Display Signage and Accompanying Hardware for MRU, Narcotics and Detective Division, Live Finger Print Scan Machine, Color Printers /Cartridges for District Station Houses /MRU /Housing Units, Computer for Gang Liaison Officer; also, training and staff development funding; utility services for the air cards within patrol vehicles for tracs system. OPERATION PROTECT KIDS (CIGARETTE GRANT) - We anticipate the annual renewal of this grant as awarded to the County of Erie under the New York State Department of Health's Youth Tobacco Enforcement and Prevention Grant; this initiative will run through September 30, 2011. Under this renewal agreement, the County will reimburse the City of Buffalo a minimum of $45.00 for every completed compliance check of merchants who sell tobacco products. Using underage operatives as decoys, compliance cheeks have been conducted to see if active enforcement of New York State Public Health Laws reduces the availability of tobacco products to children. Another focus of this project has been to educate local business owners with licenses to sell tobacco products as to the law, and how this law must be enforced. Merchants who have been found violating this law and allowed the operative to purchase tobacco products, are to be subjected to penalties imposed by the Health Department, which may include frees. The City of Buffalo will receive 50% of any fines levied in order to continue the efforts to reduce tobacco sales to minors. 2010 BULLET PROOF VEST REIMBURSEMENT - Through its Department of Police, the City is entitled to receive up to 50% reimbursement of $61,896.44, for the authorized purchase of bullet proof vests that comply with the requirements of the Office of Justice Programs' National Institute of Justice. Reimbursement is handled online and the City will receive a direct payment once proper reimbursement steps are electronically initiated. URBAN AREA SECURITY INITIATIVE (UASI) YEAR 8/2010 FUNDING As you are aware, the City of Buffalo, County of Erie, and Niagara County have been awarded grant funds for an 8 (2010 funds) under the Urban Area Security Initiative(UASI) from the US Department of Homeland Security for urban area security and homeland preparedness, totaling $5,544,750. Because of its high rating last year, we again did well, and the Feds did not cut our award as is what happened to others across the County, they kept ours the same (they were either going to remain the same or be cut for UASI Tier 11 cities). The City of Buffalo's share of funding is a total of $1,942,880; the County's share is $1,627,939; Niagara County's share is $846,981, and New York State receives 20 %, or $1,108,950. This year, 26.6% of the funds must be designated for law enforcement, which has been met by the City through our 1 sc responder communications efforts. Buffalo's share of these grant dollars will continue to fund (2) positions for the City's overall homeland security coordination and fiscal compliance, interoperable communications equipment for both Police /Fire to complete the radio system upgrade as well as funds to enhance the mobile data of first, citizen preparedness activities and training, security equipment upgrades (urban /search rescue team equipment, fireboat equipment ), overtime funds for critical infrastructure protective operations, critical infrastructure reinforcement within City facilities as well as crisis management, perimeter control ( "hot zone ") training and fit testing (masks) for 1 sc responders, training /exercise funds supporting national priorities as well as joint multi - discipline efforts, including HAZMat, and staff development and instructional funding to attend mandatory homeland security training. Again, we are asking for permission for the City to accept this award, and also, authorization for an interfund cash loan covering all non - personnel expenditures should the need arise. The loan would then be repaid as the reimbursement is sent from the State under this special initiative. This particular grant application process has been very long and bureaucratic with the State and the processing of this grant information has been difficult due to the complexity of the different entities involved, the fact that the City now has four (4) UASI grants running simultaneously, the way the Federal government has set -up this process. 2010 COPS TECHNOLOGY GRANTS ($600,000) - Due to the diligent efforts of City management working closely with our State and Federal leaders in asking for 2010 federal ear - marked appropriations, the City of Buffalo Police Department has been the fortunate recipient another COPS Technology Grant. Buffalo's version of the New York State Traffic and Criminal Software System (TraCS) for in- car reporting includes automated traffic summonses and accident reports, crime reports, electronic mug shots, and electronic streaming video from our city -wide wireless camera system, which rely on commercial air cards. Commercial air cards, in a metropolitan area such as Buffalo, often have weak or no connectivity in some areas. The installation of WI -FI will consistently and efficiently get TRACS data to and from police vehicles, and also, bolsters the opportunity for free internet access to low income residents. With the installation of WI-Fl, and the purchase of additional mobile computer terminals (MCT), this technology will complement the BPD's in -car reporting capacity, and also, ensure reliable and consistent connectivity for getting the data to and from police vehicles as part of the TraCS process. BUFFER ZONE PROTECTION INITIATIVE ($152,105) As part of the US Department of Homeland Security's many initiatives, the City of Buffalo, through its Police and Fire Departments are part of the 2009 Buffer Zone Initiative as designed by the State's Division of Homeland Security and Emergency Services. The Police Department has the potential for a total funding award of $152,105 to be utilized to purchase equipment to enhance protective security measures and infrastructure protection for the (2) Police Districts that protect the Peace Bridge ( "B" District) and the International Railroad Bridge ( "D" District). These key assets and critical infrastructures have been identified by New York State in working with the Federal Department of Homeland Security as meeting the federal definition of "Critical Infrastructures," through the Weapons and Mass Destruction Buffer Zone Protection Plan. The funding can be utilized for authorized equipment purchases only. The grant period will cover between twenty -four and thirty -six months and there is no City match involved with this grant initiative. The premise behind this particular initiative is to support outside perimeter protection of identified critical infrastructures /key assets by developing effective protective measures that make it more difficult for terrorists to conduct surveillance or launch attacks within the immediate vicinity of high priority potential targets. We are requesting an interfund cash loan for all non - personnel expenditures (equipment expenditures pertinent to this initiative) should the need arise until such reimbursement is secured from the State. The loan would then be repaid as the reimbursements are sent to the City from the State under this grant project. POLICE REIMBURSEMENTS - Also, for your information, the Buffalo Police Department will be securing reimbursement from the DEA for overtime worked by 3 dedicated Detectives assigned there, along with another assigned to the Upstate Diversionary Task Force (approximately $68,809) working on major drug cases, along with reimbursement from the FBI for any overtime worked by the Detectives assigned to the Joint Terrorism Task Force, the Safe Streets Task Force, and the Cyber Task Force, which to date, will not exceed an additional $86,011. We will also secure reimbursement from the US Marshal's Office for their "rolling thunder" search warrant executions; amount varies annually. In addition, this year, we will continue to have Detectives assigned to the US Marshal's Violent Felony Warrant Squad and will be reimbursed up to a maximum of $32,000 for overtime expenditures; along with reimbursements coming from our Department's participation at US Customs (approximately $15,000); Regional Crime Forensics Lab (maximum of $17,202); High Intensity Drug Traffic Areas (maximum of 17,202); New York State Police "Spider" Operations and Immigration /Border Patrol Operations, including Organized Crime Drug Enforcement Task Force Operations with both the DEA and FBI (amount varies annually); and Police Lifesaver Patrols (approximately $5,000). In addition, Buffalo Police will be reimbursed under New York State's Division of Criminal Justice discretionary member items (usually around $10,000). Again, we are asking for permission for the Mayor to accept all of this funding, and in addition, and where applicable, authorization for an inter -fund cash loan covering all non - personnel expenditures should the need arise. We try to secure all the required grant information in a timely manner, however, the reality is this is not always possible, especially, in this instance since we have just been notified about the "state of the State's" fiscal situation, and as a result, we find ourselves in a position of having to follow courses of action, such as this request, extremely quickly in order to follow up on processing grants under our own governmental procedures. We need your immediate approval due to the various timetables, and also, we hope to present this to the Control Board at their next meeting, which we cannot do until we secure your approval. If you have any questions or require further clarification of the above, please contact Captain Mark Makowski at 851 -5643 or Grant Coordinator Maureen Oakley at 716 851 -4475. Thank you for your immediate attention to the above. Mr. Fontana moved: That the Communication dated November 1, 2010 from the Commissioner of Police is herby received and filed and the Mayor and the Police Commissioner are hereby authorized to accept all of the above listed grant funding and to make appropriate Interfund Cash Loans as prescribed therein provided that any contracts executed for the disbursement of grant funding be presented to this Honorable Body for further approval. PASSED AYES -8 NOES -0 FROM THE COMMISSIONER OF FIRE NO 26 MASS CASUALTY SUPPLY VEHICLE Please be advised that the above - referenced vehicle is a support vehicle for our Mass Casualty Response System. It will be used as a supply /"chase" vehicle in tandem with our Mass Casualty Bus. This bus is an Advanced Life Support (ALS) vehicle capable of transporting up to fourteen (14) stretchered /supine patients or up to 20 or more "walking wounded." Due to the tremendous amount of equipment carried on the "bus" and the number of patients it will service, we will need this vehicle to ensure adequate supplies and equipment are immediately available. This vehicle was approved for purchase by DHS with funds from the Metropolitan Medical Response System (MMRS) Grant. It can be used only for the above - stated purpose(s) and will not be assigned to an individual or used for a take home vehicle. As we currently do not have a vehicle of this type, this will be an addition to our fleet. Mr. Fontana moved: That the Communication dated October 28, 2010 by the Commissioner of Fire be received and filed and the Commissioner is hereby authorized to purchase an Advanced Life Support (ALS) as approved for purchase by the Dept of Homeland Security with funds from the Metropolitan Medical Response System (MMRS) Grant provided that it not be assigned or authorized for take home use. PASSED AYES -8 NOES -0 FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT & INSPECTION SERVICES NO 26 FOOD STORE (NEW) 2887 BAILEY(UNIVERSITY) Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 2887 Bailey (Big Daddy Food & Supply Market /Sail Obad) and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collection Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION NO 27 FOOD STORE (NEW) 1358 BROADWAY (FILLMORE) Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 1358 Broadway (Broadway Mart & Dell /Alie Hassan) and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collection Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION NO 28 FOOD STORE (NEW) 1635 GENESEE (FILLMORE) Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 1635 Genesee (The Island Food Mart /Ahmed Ayash) and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collection Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION NO 29 FOOD STORE (NEW) 68 GRANT(NIAGARA) Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 68 Grant (Shake Nice Price Market / Samer Alasri) and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sc and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collection Office I find it complies with all regulatior 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 October 27, 2010, be received and filed; and That pursuant to Chapter 194 of the City Code, the Commissioner of Permit and Inspection Services be, and he hereby is authorized to grant a Food Store License to Samer Alasri, d /b /a Shaker's Nice Price Market, located at 68 Grant. PASSED AYES -8 NOES -0 NO 30 FOOD STORE (NEW) 1989 NIAGARA (NIAGARA) Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 1989 Niagara (Sun Food Market /Stephanie Lin) and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collection Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Mr. Fontana moved: That the above communication from the Department of Permit and Inspection Services be received and filed and that the Commissioner of Permits and Inspections be and he herby is authorized to issue a Food Store License to Stephanie Lin d /b /a Sun Food Market, located at 1989 Niagara Street. PASSED AYES -8 NOES -0 NO 31 RESTAURANT DANCE LICENSE (RENEWAL) 248 ALLEN ST (ELL) Pursuant to Chapter 150 of the City of Buffalo Ordinances, please be advised that I have caused an investigation into the premises located at 248 Allen Street for which said renewal application for a Restaurant Dance Class III license is being sought by Joseph Rubino @ Nietzsche'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 yon deem appropriate. Mr. Fontana moved: That the above communication from the Department of Permit and Inspection Services, dated October 27, 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 111 License to Joseph Rubino, d /b /a Nietzche's located at 248 Allen Street PASSED AYES -8 NOES -0 NO 32 RESTAURANT DANCE CLASS 111 289 AUSTIN STREET (NEW OWNER) Pursuant to Chapter 150 of the City of Buffalo Ordinance please be advised that I have examined the attached application for a Restaurant Dance Class III License located at 289 Austin Street, dba Visions Club & Bar Restaurant, and find that as to form is correct. I have caused an investigation into the premises for which said application for a Restaurant Dance Class III license is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspections. I find it Complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of Concepcion Virella. The attached thereto for Visions Club & Bar Restaurant of Buffalo. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION NO 33 RESTAURANT DANCE CLASS IV 67 CHIPPEWA WEST (NEW OWNER) Pursuant to Chapter 150 of the City of Buffalo Ordinance please be advised that I have examined the attached application for a Restaurant Dance Class IV License located at 67 Chippewa West Street, dba Bottoms Up, and find that as to form is correct. I have caused an investigation into the premises for which said application for a Restaurant Dance Class IIV 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 Kevin Nightingale. The attached thereto for Bottoms Up of Buffalo. This request is submitted for your approval or whatever action you deem appropriate. Mr. Fontana moved: That the above communication from the Commissioner of Permits and Inspection Services is hereby received and filed and that said Commissioner or his designee is herby authorized to issue a Restaurant Dance Class IV License to Kevin Nightingale for Bottoms Up, located at 67 Chippewa West Street, on the condition that any event licensed or authorized by said license be limited to patrons of 21 years or older. PASSED AYES -8 NOES -0 NO 34 RESTAURANT DANCE LICENSE (RENEWAL) 1281 HERTEL ST (DEL) Pursuant to Chapter 150 of the City of Buffalo Ordinances, please be advised that I have caused an investigation into the premises located at 1281 Hertel Street for which said renewal application for a Restaurant Dance Class III license is being sought by Sumner Nichols @ Gabel'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 above communication from the Department of Permit and Inspection Services, dated October 27, 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 HI License to Sumner Nichols, d /b /a Gabel's located at 1281 Hertel Avenue. PASSED AYES -8 NOES -0 NO 35 RESTAURANTS DANCE CLASS IV -3144 MAIN(NEW OWNER) (UNIV) Pursuant to Chapter 150 of the City of Buffalo Ordinance please be advised that I have examined the attached application for a Restaurant Dance Class IV License located at 3144 Main Street, dba Mojo's, and find that as to form is correct. I have caused an investigation into the premises for which said application for a Restaurant Dance Class IV 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 Danielle Dwyer. The attached thereto for Mojo's of Buffalo. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION NO 36 RESTAURANT DANCE LICENSE (RENEWAL) 600 NORTH ST EAST Pursuant to Chapter 150 of the City of Buffalo Ordinances, please be advised that I have caused an investigation into the premises located at 600 North St East for which said renewal application for a Restaurant Dance Class III license is being sought by Joseph Carrier @ Musicians Big 6 VIP Club & Restaurant 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 October 25, 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 III License to Joseph Carrier, d /b /a Musicians Big 6 VIP Club & Restaurant located at 600 North Street East. PASSED AYES -8 NOES -0 FROM THE COMMISSIONER OF HUMAN RESOURCES NO 37 RESPONSE TO CORRESPONDENCE - ACTING TIME Dear Mr. Chwalinski: In response to your correspondence of October 6, 2010, be advised as follows: Acting time is viewed as temporary employment and is to be used for the purpose of filling a position when duties need to be performed while the incumbent is not working and off with — i.e. on vacation or sick time. Since acting time is considered to be temporary, based on Section 64(2) of NYS Civil Service law, temporary appointments for a period not exceeding three months may be made without regard to an existing eligible list, thus resulting in a limit of 90 days. Acting time is not, however, to be used to fill a permanent vacancy or to fill a position that is left vacant during an individual's leave of absence for more than three months. Section 100 of NYS Civil Service law charges the local municipal commission with certifying every payroll to verify the accuracy of employment for all city employees. Since the assignment of acting time is not approved by Civil Service, the validity of payroll certification is affected by the continuing acting time beyond the 90 day limit, rendering out -of- compliance with State law and our local rules. Section t00 of NYS Civil Service law also authorizes sanctions against departments that continue to violate the law by withholding payroll (paychecks) for certification for the entire department, or for the specific employees in question. Section 101 of NYS Civil Service law also authorizes sanctions against any appointing authority who continues to employ such individuals after due notice from Civil Service. While we understand that departments at times need to reorganize and may not necessarily want to immediately fill a position upon being vacated, when it is a permanently budgeted position, Civil Service laws and our local Rules are clear on the premise on how to fill these positions, especially when an eligible list is in place for that specific title. We are also aware of the difficulties that departments face to fill these vacancies, however, State law and our local rules must still be adhered to. Civil Service law requires each Municipal Civil Service officer to establish and maintain Eligible Lists, through the administration of competitive and promotional exams. The proper preparation and maintenance of eligible lists are critical elements of the competitive selection process and the administration of eligible lists is performed within the scope of these laws. When filling a vacancy from an eligible list, the role of Civil Service is to assure that the individuals being considered for selection are eligible to be certified for appointment (i.e. submit sufficient proof of residence; submit proof of required education or special licenses or certificates; review of police record check; drug test and medical exam, as required). Upon receipt of a request from the Appointing Authority (the hiring department), Civil Service will canvass the eligible list to determine which candidates are interested in the appointment. The results of the canvass and subsequent list of eligibles are sent to the Appointing Authority from which a selection s can be made. Civil Service is not involved in the actual selection of the individuals to be hired; contact with candidates is during the qualifying process and interviews are conducted by the Appointing authority. Our main role is to oversee the process to assure that the appointment is made within the scope of the law. An eligible list is deemed to be Incomplete when there are less than three eligibles on the list for appointment. In the absence of an eligible list, the appointment of a Provisional incumbent is in accordance with the respective contractual bargaining agreements. Individuals nominated for provisional appointment must meet required qualifications and successfully complete the qualifying process (as previously stated in this correspondence). I trust this will answer your inquiry. Sincerely, Karla L. Thomas Commissioner REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE CITY CLERK NO 38 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 938 Main St OHM ULTRA LOUNGE Roslyn M. Righetti 1435 Main St The Oak Room DAW J. LLC RECEIVED AND FILED NO 39 LEAVES OF ABSENCE WITHOUT PAY I transmit herewith notifications received by me, reporting the granting of the leaves of absence without pay, in the various departments as listed: Police — Bradford Pitts RECEIVED AND FILED. NO 40 APPOINTMENT COMMON COUNCIL STAFF ASSISTANT LEGISLATIVE AIDE (HURLEY) Certificate of Appointment Appointment Effective 10/19/2010 in the Department of Common Council Division of Council Staff to the Position of Assistant Legislative Aide Unclassified Exempt Flat Starting Salary of $27,018 Jason Hurley, 60 Campbell Avenue, Buffalo 14216 ADOPTED AYES — FONTANA, FRANCZYK, HAYNES, KEARNS, LOCURTO, RIVERA, SMITH 7, NOES — GOLOMBEK 1 NO 41 APPOINTMENT COMMON COUNCIL STAFF SR. LEGISLATIVE ASSISTANT (BRAY) Certificate of Appointment Appointment Effective 10/19/2010 in the Department of Common Council Division of Council Staff to the Position of Sr. Legislative Assistant Unclassified Exempt Flat Starting Salary of $46,083 Brian C. Bray, 665 Parkside Avenue, Buffalo 14216 ADOPTED AYES — FONTANA, FRANCZYK, HAYNES, KEARNS, LOCURTO, RIVERA, 6, NOES — GOLOMBEK, SMITH 2 NO 42 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 11/1/2010 in the Department of Executive Division of Mayor to the Position of Intern IX Unclassified Non - Competitive Hourly Starting Salary of $11.87 Edward Beck, 152 Elmwood Avenue, Buffalo 14201 NO 43 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 10/18/2010 in the Department of Public Works Division of Parks to the Position of Laborer II Seasonal Appointment Flat Starting Salary of $11.87 Lawrence C. LoTempio, 1458 Hertel Avenue Upper, Buffalo 14216 NO 44 APPOINTMENTS - TEMPORARY, PROVISIONAL OR PERMANENT I transmit herewith Appointments in the various departments made at the Minimum (Temporary, Provisional or Permanent) (as per contract requirements). REFERRED TO THE COMMITTEE ON CIVIL SERVICE. CERTIFICATE OF APPOINTMENT Appointment Effective 10/18/2010 in the Department of Public Works Division of Engineering to the Position of Traffic Signal Technician Permanent Promotion First Step Starting Salary of $41,354 Nicholas R. Pugliese, 882 West, Buffalo 14216 CERTIFICATE OF APPOINTMENT Appointment Effective 10/25/2010 in the Department of Fire Division of Fire to the Position of Account Clerk Typist Provisional Open - Competitive Minimum Starting Salary of $30,829 Talisha Colston, 151 Hamlin Road, Buffalo 14208 NON - OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON - OFFICIAL COMMUNICATIONS NO 45 J. BOOTH - BICYCLE - PEDESTRIAN ADVISORY BOARD - HEALTHY CITY ON THE GREAT LAKES At our monthly meeting held on October 4th, the Bicycle- Pedestrian Advisory Board unanimously passed the report: Healthy City on the Great Lakes (see enclosed). The report and the recommendations established within are meant to amend the city's comprehensive plan to improve the health and quality of life for Buffalo's residents. It is respectfully presented to the full council for consideration to officially adopt as an addendum to the comprehensive plan. The report was developed through a grant received by the Buffalo Niagara Medical Campus (BNMC) from the Robert Wood Johnson Foundation to develop a Healthy Communities Addendum to The Queen City on the 21 sc Century: Buffalo's Comprehensive Plan, the principal policy document guiding decisions relative to land use and the built environment. Healthy City on the Great Lakes documents the current walking and bicycling trends, as well as the conditions of the built environment that facilitates or limits our ability to be physically active as a part of our daily routine (active living) in the City of Buffalo. The report includes an analysis of demographic trends, GIS -based analysis of the built environment, documentation of pedestrian safety trends, and a review of existing plans, projects, and codes that supports active living. These current conditions create the basis for and justification of a set of recommendations and strategies that are anticipated to serve as an addendum to the city's comprehensive plan. Your consideration in the adoption of this report and its recommendations is most appreciated. Thank you, Justin S. Booth Chair City of Buffalo Bicycle & Pedestrian Advisory Board REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO 46 P. CAMMARATA- PUBLIC NOTICE - BROWNFIELD CLEANUP PROG — 193 SHIP CANAL PKWY Public Notice The New York State Department of Environmental Conservation (DEC) has received a Brownfield Cleanup Program (BCP) application from The Buffalo Urban Development Corporation for a site known as the 193 Ship Canal Parkway, site ID #C915240. This site is located in the City of Buffalo, within the County of Erie, and is located at 193 Ship Canal Parkway. Comments regarding this application must be submitted no later than November 19, 2010. Information regarding the site, the application, and how to submit comments can be found at http: / /www.dec.ny.gov /chemical /60058.html or by contacting: Peter M. Cammarata President Buffalo Urban Development Corp. (BUDC) 275 Oak Street, Suite 150 Buffalo, NY 14203 (716) 856 -6525 Ext. 130 pcammarata@ ecidany.com REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO 47 M. LOCURTO- LETTERS OF RECOMMENDATION -BRIAN BRAY I would like to file the attached information as a receive and file item for the next Common Council meeting to be held on November 3, 2010. Copy available for review in the City Clerk's Office RECEIVED AND FILED NO 48 J. MACIEJEWSKI- PROCEDURE FOR NOTIFICATION OF APPOINTED B.A.R. MEMBERS All Erie County Town and City Clerks Joseph L: Maciejewski, Erie County Director of Real Property Board of Assessment Review (BAR) Reporting October 25, 2010 PROCEDURE FOR NOTIFICATION OF NEWLY APPOINTED OR REAPPOINTED B.A.R. MEMBERS This is to notify Town and City Clerks that the New York State Office of Real Property and your County Director of Real Property Services have agreed on a coordinated effort to track B.A.R. member status. Now is the time to check municipal records to determine which B.A.R. appointments have expired and advise town board or city council members of this information, so that they can make prompt appointments and reappointments at their next meetings. Section 523 of the Real Property Tax Law states that within 20 days of appointment of a B.A.R. member, the clerk must notify their County Director of Real Property Services. The procedure is as follows: The attached B.A.R. Member Listing along with any other correspondence pertaining to newly appointed or reappointed B.A.R. members should be forwarded ONLY to your County Director. I will then forward these changes to the Office of Real Property Services. The information provided is used to determine the BAR training schedule for the spring of 2011. Delays in appointment or reappointment could affect B.A.R. hearings. Please make all appointments no later than February 15, 2010. Please review, complete, and /or correct the enclosed report and mail to my office: JOSEPH L. MACIEJEWSKI, CCD ERIE COUNTY REAL PROPERTY DIRECTOR 95 FRANKLIN STREET ROOM 100 BUFFALO, NEW YORK 14202 If you have any questions, please call me at 858 -8320. Attached is a memo from the Office of Real Property Services that contains frequently asked questions about the Board of Assessment Review. Thank you in advance for your continued cooperation as we attempt to streamline and avoid duplication of information. RECEIVED AND FILED NO 49 NYSDEC- ENVIRONMENTAL CLEANUP FORMER BUFFALO CHINA SITE AVAILABLEFOR PUBLIC COMMENT FACT SHEET Brownfield Cleanup Program October 2010 Project No. C915209 Introduction The New York State Department of Environmental Conservation (NYSDEC) welcomes public comment as it reviews a draft cleanup plan, called the Remedial Action Work Plan, for the Former Buffalo China Site in Buffalo, Erie County. Current and historical use of the Site has been for the manufacture of China tableware. A small portion of the Site purchased in the 1980s, including the Harrison Street Warehouse. was historically owned by a mirror manufacturing operation located north of the Site. Historical Site operations have resulted in contaminated soils and groundwater with volatile organic compounds (VOCs3 and metals. The Remedial Action Work Plan is available at the locations identified in this fact sheet and on the DEC website, http: / /www.dec.nv.gov /chemical /52695.html. Comments on the plan will be accepted for 45 days, from October 25 - December 14, 2010, and may be submitted to the NYSDEC project manager listed on the opposite page. Work at the site will be performed under New York State's Brownfield Cleanup Program (BCP). The BCP provides existing or potential property owners financial incentives to promote the voluntary cleanup, redevelopment, and revival of brownfield sites. Brownfields typically are former industrial sites that have been environmentally compromised, making redevelopment of the site more difficult. Buffalo China, Inc. entered the BCP in May 2007. The property was sold to Niagara Ceramics Corporation, which continues to manufacture china at the Site. Are People Exposed to Contamination at the Site? VOC and metals- impacted subsurface soil /fill is present at the site. Currently, access is restricted to the Site because it is an active industrial property and is fenced. However, VOC impacted groundwater has migrated off -site and VOC vapors are affecting one adjacent property, based on sub -slab monitoring. The proposed cleanup plan will address areas of known contamination. What Does the Draft Remedial Action Work Plan Involve? Elements of the Remedial Action Work Plan include: • Excavating contaminated soils and disposing them at an authorized disposal facility; • Installing a vapor mitigation system to minimize exposure to vapor contamination at an adjacent property; • Injecting chemical oxidants into the ground to clean up groundwater; • Placing an environmental easement on the property to restrict future use of the site to industrial purposes; and • Completing routine site inspections and maintenance. NYSDEC will consider public comments before it approves and finalizes the Remedial Action Work Plan. The approved plan will be available for public review at the locations listed below and on the NYSDEC website. After it is approved, Buffalo China will proceed with the environmental cleanup work at the site. The environmental cleanup work is expected to begin in the spring of 2011. The excavation will be completed in the spring, and groundwater injections will occur periodically over an 18 -month period, followed by monitoring. NYSDEC will keep the public informed about significant project milestones at the Former Buffalo China Site through fact sheets similar to this one. Site Background The Former Buffalo China Site has historically been the location of china manufacturing. A small portion of the Site purchased in the 1980s was used as a warehouse by the Standard Mirror Company. The Site, which is currently owned and operated by Niagara Ceramics Corp., comprises approximately 8 acres and is bordered on the north by Conrail railroad tracks, on the east by the adjoining former Buffalo China Warehouse and other commercial /industrial facilities, and on the south and west by residential properties. The nearest body of water is the Buffalo River, located approximately 1 /4 mile south and east of the Site. Environmental investigations have identified that the Site's soil and groundwater have been impacted by VOCs and lead, and the VOC contamination in the groundwater has migrated off Site. The DEC has determined that this contamination poses a significant threat to public health and the environment. Who Should I Call If I Have Questions About the Site? Environmental Questions Ms. Linda Ross Project Manager NYSDEC 270 Michigan Avenue Buffalo, NY 14203 (716) 851 -7220 region9 _„gw.dec.state.ny.us Project Questions Christine Barton Project Coordinator Conestoga- Rovers & Associates 285 Delaware Ave., Suite 500 Buffalo, New York 14202 (716) 856 -2142 cbarton craworld.com Health Questions Mr. Matthew Forcucci Public Health Specialist NYSDOH 584 Delaware Avenue Buffalo, NY 14202 (716) 847 -4501 mifl13 ahealth. state, nv.0 us Locations to View Project Documents To keep you informed, NYSDEC has set up two locations at which you may view project documents. These locations include: Buffalo and Erie County Library NYSDEC Region 9 Office East Clinton Branch 270 Michigan Avenue 1929 East Clinton Street Buffalo, New York 14203 Buffalo, New York 14220 Phone: (716) 851 -7220 Phone: (716) 823 -5626 (Please call for appointment) You can also view project documents online at http: / /www.dec.nv.gov /chemical /52695.html. RECEIVED AND FILED NO 50 J. PAJAK -CPC'S RECOMMENDED 2011 CAPITAL IMP. BUDGET AND BOND SALE Dear Mr. Chwalinski: Please file the attachment for the Common Council meeting of November 3, 2010. 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 SPECIAL COMMITTEE ON BUDGET NO 51 M. POLONCARZ- LETTER RE BUDGET CUT IMPACT Dear District Council Member Franczyk As you may know, on October 1, 2010, the Erie County executive released his proposed budget for the 2011 fiscal year. Normally your office would not be directly impacted by the proposed Erie County budget. However, the proposed cuts to my office are so severe, that if enacted, these cuts will negatively impact your ability to perform your duties to your constituents. Under the county executive's proposal my office will be cut by 36% percent, fifteen (15) employees, while other departments are barely touched, new jobs controlled by the county executive are created, and raises are given to high -level management under the county executive's control. In particular as it relates to your ability to serve your taxpayers, his proposal would cut the entire property tax collection division of my department, including Nancy Grant, our supervising accountant for real property tax collection, and John Przybyla, our junior tax accountant, which many of you deal personally with on many occasions. The county executive also cut all the cashiers that accept payment on behalf of the county and other entities, including residents of the City of Buffalo. As I am sure you are aware, these employees play an important role not only for the county, but they assist the various cities, towns, villages and school districts in the proper preparation, collection and distribution of their property taxes. As was seen in 2009, a small error elsewhere in the county government caused a serious problem with the correct computation and subsequent collection of taxes. Serious issues can arise without proper oversight in place. By cutting the key personnel in my office who monitor and ensure that Erie County's property taxes are properly set, collected and then distributed out to the county's municipalities, the county executive is in effect guaranteeing that not only the county will be unable to collect taxes, but all town and city governments who rely on these individuals to assist them in their tax collection duties are unable as well. That is utterly irresponsible. Unfortunately the county executive did not stop with those proposed layoffs. He gutted my audit division, taking a strong but still - undersized audit department of seven people and reducing it to two: the audit deputy and one senior accounting analyst. The members of my audit staff have helped numerous towns in past years on a variety of issues. If this division is reduced to two it will be unable to assist local officials as we have in the past. I am proud of the millions of dollars of waste, fraud and abuse of tax dollars my audit division has uncovered. In fact, my audit division is an award winning team of skilled professionals, having been honored by the Association of Local Government Auditors for its exemplary work, the first time a New York State municipality had been honored with such an award. He also cut from my department my only associate deputy comptroller, who is in effect my chief of staff and liaison with local governments, and my secretary, who is in fact my legislative liaison. Incredibly, the county executive also cut the accountant who monitors the county's health insurance payments to ensure the county is not paying health insurance for dead people or overpaying for active and retiree health insurance. Finally, he proposes cutting almost the entire revenue recovery unit of my office, which brings in millions of dollars for the county. He cut the employee who monitors and collects all hotel tax payments for the county. A rational executive in the private sector would never cut such an employee or an office like my department's tax collection function if he was truly concerned about guaranteeing the county's and this region's future revenues. In effect he is trying to undo the charter changes of 2006 and last year's election. In times of fiscal distress, the voters of Erie County have always placed their trust in the office of the independent comptroller. After a crisis they have always provided more power to the comptroller's office. Why is that? Because the taxpayers understand that government always works better with a strong financial oversight function in place. I believe the county executive is trying to end the oversight of him and others by this office. He is trying to kill the independent taxpayer watchdog. He is trying to eliminate the checks and balances required by Erie County's Charter. Unfortunately, these cuts will hurt your municipality as well The county executive has been saying that he has had no choice but to address a deficit. My office is reviewing the proposed budget and will be issuing a report on our findings. But let me make this clear: the cuts to my office could have been avoided and will negatively impact all county residents and your ability to provide high quality and efficient services to your constituents. I will do everything in my power to ensure that the integrity of the comptroller's office is protected for the present and generations to come. The people of the county have spoken many times over that they want a strong watchdog guarding their tax dollars. In our democratic society one man cannot subvert the will of the people, and I will do all to ensure the will of the people is protected and a strong independent comptroller remains for the good of the people of Erie County and to assist your office as you carry out your important duties. In turn, I ask you to contact the county executive and members of the Erie County Legislature to tell them that you do not agree with these draconian cuts, especially as they will impact your entity's ability to properly serve your constituents. I have taken the liberty of including a list of the legislators and county executive with their corresponding phone numbers and e-mail addresses. I hope you would call or e-mail each to express your displeasure with this proposed budget and ask that they restore the cuts made to my office, cuts which if enacted unfortunately will have a detrimental impact to your community as well. As always, if you have any questions or comments please contact me at your earliest convenience. Sincerely yours, Mark C. Poloncarz, Esq. Erie County Comptroller REFERRED TO THE SPECIAL COMMITTEE ON BUDGET PETITIONS NO. 62 D. SUTTON, AGENT, USE 448 ELMWOOD TENANT BUILD -OUT FOR A SIT -IN RESTAURANT (NIA)(PUB HRG 11/9) REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD NO. 53 A. OHL -& OTHERS - ESTABLISH ALTERNATE PARKING ON S. OGDEN BTWN CLINTON & GRISWOLD FOR WINTER MONTHS Mr. Chwalinski: Please file the attached item for the next upcoming meeting of the Common Council. Sincerely, Richard A. Fontana Majority Leader REFERRED TO THE COMMITTEE ON LEGISLATION AND THE DEPARTMENT OF PUBLIC WORKS AND THE DEPARTMENT OF PARKING REGULAR COMMITTEES CIVIL SERVICE (BONNIE E. RUSSELL, CHAIRPERSON) NO. 54 APPT CONFIDENTIAL SECRETARY TO THE EXEC DIR(PROV)(EXEMPT) (BOULWARE- WRIGHT)(STRAT PLAN) CCP# 16,10/19 Mrs. Russell moved That the above item be the same and hereby is Received and Filed ADOPT NO. 55 APPT ASSISTANT ADMINISTRATOR (PROV)(MAX)(WINNERT)(PW) (CCP# 25, 10/19) Mrs Russell moved That Communication of 25 of October 19, 2010, be received and Filed and that the Provisional appointment of Judith Winnert, 205 Tuscarora, Buffalo, NY 14220 at the Maximum Salary of $59,811 is hereby approved. PASSED AYES -8 NOES -0 NO. 56 BUILDING INSPECTOR (TEMP)(MAX)(SEXTON)(EDPI) (CCP# 31,10/19) Mrs Russell moved That Communication of 31 of October 19, 2010, be received and Filed and that the Temporary appointment of John T. Sexton, 147 Fordham Drive, Buffalo, NY 14216 at the Maximum Salary of $53,891.00 is hereby approved. PASSED AYES - 98NOES -0 NO. 57 NOTICES OF APPOINTMENTS - TEMP /PROV /PERM(CTY CLK) CCP# 41, 10/19 Mrs. Russell moved That the above item be the same and hereby is Received and Filed ADOPT NO. 58 NOTICES OF APPOINTMENTS - TEMP /PROV /PERM(CTY CLK) CCP# 41, 10/5 Mrs. Russell moved That the above item be the same and hereby is Received and Filed ADOPT FINANCE (MICHAEL P. KEARNS, CHAIRPERSON) NO. 59 M. KEARNS- INVITATION TO BFLO MUSEUM OF SCIENCE EX DIRECTOR MORTENSON TO ATTEND FINANCE MEETING COP# 45, 10/19 Mr. Kearns moved That the above item be the same and hereby is Received and Filed ADOPT NO. 60 RECYCLING REQUEST FOR PROPOSALS (ITEM NO. 28, C.C.P., JULY 20, 2010) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr Kearns moved: That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to award a contract to Allied Waste. PASSED AYES — FONTANA, FRANCZYK, GOLOMBEK, HAYNES, LOCURTO, RIVERA, SMITH - 7 NOES — KEARNS - 7 COMMUNITY DEVELOPMENT (MICHAEL J. LOCURTO, CHAIRPERSON) NO. 61 BURA - LAND LEASE 450 EXCHANGE STREET AND 479 -481 ALABAMA (ITEM NO. 35, C.C.P., OCT. 19, 2010) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. LoCurto moved: That the above - mentioned item be and the same is hereby received and filed. ADOPTED NO. 62 LEASE 450 EXCHANGE STREET AND 479 -481 ALABAMA GRAPHIC CONTROLS, LLC (ITEM NO. 86, C.C.P., OCT. 19, 2010) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. LoCurto Moved: That the Mayor, the Chairman, Vice - Chairman, or any duly authorized officer of the City of Buffalo Urban Renewal Agency is hereby authorized to execute any and all documents necessary to lease the property known as 450 Exchange Street and 479 -481 Alabama, located in the South Ellicott Phase 2 Urban Renewal Agency to Graphic Controls which is subject to approval of Agency Legal Counsel. PASSED AYES -8 NOES -0 NO. 63 2010 -2011 ANNUAL ACTION PLAN AMENDMENT (YEAR 36 COMMUNITY DEVELOPMENT BLOCK GRANT) (ITEM NO. 1, C.C.P., OCT. 19, 2010) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. LoCurto moved: That the above item be recommitted to the Committee on Legislation ADOTED NO 64 REPORT OF SALE - 738 HUMBOLDT PARKWAY (ITEM NO. 10, C.C.P., OCT. 19, 2010) THAT THE OFFER FROM MRS. ETTA D. HOUSE, RESIDING AT 740 HUMBOLDT PARKWAY, IN THE sum of Two Thousand and Seven Hundred Dollars ($2, 700.00) for the purchase of 738 Humboldt Parkway, 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 -8 NOES -0 NO. 65 REPORT OF SALE - 255 LANDON (ITEM NO. 12, C.C.P., OCT. 19, 2010) That the offer from Mr. Huncles Means, residing at 253 Landon Street, in the sum of One Thousand Dollars ($1,000.00) for the purchase of 255 Landon, 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 -8 NOES -0 NO. 66 REPORT OF SALE -285 LOEPERE ITEM 14 CCP OCT 19, 2010 That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. LoCurto moved that the above item be recommitted to the Committee on Community Development ADOPTED NO. 67 COB SNOW PLAN 2010 -2011 (PW) (#19,10/19) That the above item be the same and hereby is Received and Filed. ADOPTED NO. 68 NYSDEC - INACTIVE HAZARDOUS WASTE DISPOSAL SITE DELIST NOTICE - ANACONDA CO. (#47, 10/19) That the above item be the same and hereby is Received and Filed. ADOPTED NO. 69 BERC PROVIDING BONUSES TO IT EMPLOYEES (EXCEPT RESOLVES) ( #108, 7/20) That the above item be the same and hereby is Received and Filed. ADOPTED NO. 70 M. LOCURTO -REQ ACCOUNTING OF MONIES ALLOCATED BY CC TO BERC - S CARE, SIGN OR OTHER PROGRAMS ( #55, 7/6) That the above item be the same and hereby is Received and Filed. ADOPTED LEGISLATION (JOSEPH GOLOMBEK JR., CHAIRPERSON) NO. 71 D. LAND, PETITION TO USE 2616 MAIN- CONVERT TAKE -OUT TO A SIT -DOWN BAR/RESTAURANT (ITEM NO. 50, C.C.P., OCT. 19, 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. 72 D. LLOYD, PETITION TO USE 23 ALLEN STREET - TAKE -OUT RESTAURANT (ITEM NO. 51, C.C.P., OCT. 19, 2010) That after the public heating before the Committee on Legislation on October 26, 2010, the petition D. Lloyd, owner, for permission to use 23 Allen Street for a take -out restaurant be, and hereby is approved. PASSED AYES -8 NOES -0 NO. 73 APPOINTMENTS TO SHARED ASSET FORFEITURE FUND ADVISORY COMMITTEE (ITEM NO. 2, C.C.P., OCT. 19, 2010) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Golombek moved: That the appointment of Janet Penksa for a two year term and Donna Estrich for a three year term to the Shared Asset Forfeiture Fund Advisory Committee are hereby confirmed on the condition that they do not owe any outstanding liens to the City of Buffalo: PASSED AYES — FONTANA, FRANCZYK, GOLOMBEK, HAYNES, LOCURTO, RIVERA, SMITH - 7 NOES — KEARNS - 1 NO. 74 FOOD STORE LICENSE - 684 LASALLE (ITEM NO. 30, C.C.P., OCT. 19, 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 75 J. GOLOMBEK -BFLO NEWS ARTICLE -BROWN SKIMPED WHEN RECRUITING KEY POSTS (#44, 10/5) The above item be the same and hereby is Received and Filed. ADOPTED NO 76 C. CULHANE & O -STOP THE DISMANTLING OF PLAYGROUND LOCATED AT 376 URBAN ST. ( #50, 9/21) That the above item be the same and hereby is Received and Filed. ADOPTED NO 77 D. PRIDGEN- SUPPORT RESPONSIBLE TOBACCO RETAILING ACT ( #85, 9/7) That the above item be the same and hereby is Received and Filed. ADOPTED NO 78 K.M. CUMMINGS- REMARKS RESPONSIBLE TOBACCO RETAILING ACT ( #50, 7/6) That the above item be the same and hereby is Received and Filed. ADOPTED NO 79 D. SMITH -MISC. SUPPORT LETTERS FOR RESPONSIBLE TOBACCO RETAILING ACT ( #64, 7/20) That the above item be the same and hereby is Received and Filed. ADOPTED NO 80 C. MARTZOLF & O- SUPPORT PROPOSED RESPONSIBLE TOBACCO RETAILING ACT ( #69, 7/20) That the above item be the same and hereby is Received and Filed. ADOPTED NO 81 NYSDEC -NEW FISH HEALTH REQ- TRANSPOT OF EMERALD SHINER MINNOWS ( #32, 4/13) That the above item be the same and hereby is Received and Filed. ADOPTED NO 82 J. GOLOMBEK - NEW FISH HEALTH REGULATION - TRANS. OF EMERALD SHINER MINNOWS ( #38, 9/29) That the above item be the same and hereby is Received and Filed. ADOPTED NO 83 S. DOLESKI - NYSDEC - REQ FOR TIME EXTENSION SEQR REVIEW BATTAGLIA DEMO FACILITY 1037 -1066 SENECA ST. (FILL) ( #36, 2/2) That the above item be the same and hereby is Received and Filed. ADOPTED NO 84 NYSDEC - SEQR- BATTAGLIA TRANSFER STATION 1037 -1055 SENECA ST. (FILL) ( #35, 3/3) That the above item be the same and hereby is Received and Filed. ADOPTED RESOLUTIONS NO 85 BY: MR. FONTANA DISCHARGE BUDGET COMMITTEE ITEM #44 C.C.P. OCTOBER 19, 2010 "J. GOLOMBEK -NEWS ARTICLE - LAWMAKERS TRY TO SOLVE BIG SCREEN MYSTERY" Whereas: The above item is currently in the Budget Committee; and Whereas: It is no longer necessary for this item to be considered by that committee; Now, Therefore Be it Resolved: That this Common Council does hereby discharge the Budget Committee from further consideration of Item #44 C.C.P. October 19, 2010 "J. Golombek -News Article- Lawmakers Try to Solve Big Screen Mystery" and said item is now before the Common Council for its consideration. ADOPT DISCHARGE, RECEIVED AND FILED NO 86 BY: MR. FONTANA EXCUSE COUNCILMEMBER RUSSELL FROM MEETING WHEREAS, Councilmember Bonnie E. Russell will be unable to attend the Council meeting on Wednesday, November 3,2010; NOW, THEREFORE BE IT RESOLVED, That the Common Council excuses Councilmember Bonnie E. Russell from attending the Wednesday, November 3,2010, Common Council meeting. ADOPTED NO 87 BY: MR. FONTANA INVESTIGATION INTO TOXIC ODORS IN HOUGHTON PARK AND KAISERTOWN WHEREAS, City residents frequently mm to their District Council Member for help when they find themselves presented with health, safety and /or quality of life issues in their neighborhoods; and WHEREAS, Recently, the Lovejoy District Council Office has received a number of calls from residents of the Houghton Park and Kaisertown areas complaining that the release of foul - smelling "toxic" chemicals near their homes is disrupting their quality of life and causing health concerns; and WHEREAS, According to local residents, the source of these noxious odors is a company known as Engineered Composites Incorporated ( "ECI "), which is located at 55 Roberts Ave. Residents have claimed that they first noticed these "toxic" chemical emissions around the time when ECI added a third work shift at their facility. NOW, THEREFORE BE IT RESOLVED, That the Common Council respectfully requests that the City of Buffalo Department of Permits & Inspection Services, Erie County Health Department and New York State Department of Environmental Conservation act with all expedience to investigate these potentially dangerous noxious odors. The Common Council asks that the Department of Environmental Conservation report back to the Common Council as to whether or not the company is within its legally permitted levels for release of toxins into the air. BE IT FINALLY RESOLVED, That the Common Council respectfully requests that a copy of this resolution be forwarded to the City of Buffalo Department of Permits & Inspection Services, Erie County health Department, and New York State Department of Environmental Conservation for the review and comment. REFER TO THE COMMITTEE ON COMMUNITY DEVELOPMENT AND THE DEC NO 88 BY: MESSRS. FRANCZYK, LOCURTO, KEARNS, FONTANA, RIVERA, GOLOMBEK, SMITH PREVENT APPALLING LIBRARY CUTS WHEREAS: Since the founding of America's first lending library by Benjamin Franklin in 1731, our nation has wisely adopted this truly democratic form of disseminating knowledge in towns, villages and cities from coast to coast; and, WHEREAS: The Buffalo and Erie County Library System carries on this enlightened legacy since its merger via a vote by the Buffalo City Council, Erie County Board of Supervisors and New York State Legislature in 1954; and, WHEREAS: The hallmark of a progressive, literate society, indeed the linchpin of any civilization worthy of its name, is strong public support for its libraries; and, WHEREAS: The ancient Greeks understood that the only true evil is ignorance; and, WHEREAS: On the heels of hurtful Erie County library closings in recent years, reducing the number of libraries from 51 to 37, the Erie County Executive's 2010 - 2011 budget hacks another $4 million from the library system, leading to an anticipated $6.75 million shortfall; and, WHEREAS: Particularly in the midst of the "Great Recession," Erie County residents are in greater need of their community libraries for computer use for job hunting, general research and intellectual improvement. Indeed, as the Buffalo News reported on 10/21/10, "Library use is higher than it has been in the past six years, with nearly four million visits and nearly 842,000 computer sessions expected before the end of the year;" and, WHEREAS: Many young people do not have computer access at home, and may not be able to afford a "kindle" or other technologies and books that only the library can provide; and, WHEREAS: Council Members in the City of Buffalo, recognizing the profound importance of the community library, have actually stepped up to the plate, and through great effort and cost, reopened neighborhood libraries shuttered by the last round of closings; and, WHEREAS: When cuts were proposed to libraries in 1914 and during the Great Depression in the i930% an angry citizenry fought successfully to reverse those budget reductions, providing an inspiration for a similar popular outcry which is needed today; NOW THEREFORE BE IT RESOLVED: That the Common Council condemns the ill conceived county budget cuts to the Buffalo and Erie County Library system, bulwark of an informed citizenry in a democratic society; and, BE IT FURTHER RESOLVED: That the Erie County Legislature show true leadership by restoring the $4 million in cuts meted out by the Erie County Executive in its final budget approval. F- 1 19101ir:1.] NO 89 BY: MR. GOLOMBEK PROTECTION FROM NATURAL GAS EXTRACTION Whereas: The Commercial extraction of natural gas in the urban environment of Buffalo poses a significant threat to the health, safety, and welfare of residents of the City of Buffalo; and Whereas: Widespread environmental and human health impacts have resulted from commercial gas extraction in other areas; and Whereas: Regulating the activity of commercial gas extraction automatically means allowing commercial gas extraction to occur within the city, thus allowing the deposition of toxins into the air, soil, water with potentially harmful health implications for city residents; and Whereas: Meaningful regulatory limitations and prohibitions concerning natural gas extraction, along with zoning and land use provisions, are barred because they conflict with certain legal powers; and Whereas: Environmental and economic sustainability cannot be achieved if the rights of municipal majorities are routinely overridden by corporate minorities claiming certain legal powers; and Whereas: The Common Council believes that the protection of residents, neighborhoods, and the natural environment constitutes the highest and best use of regulatory powers that the City of Buffalo possesses; and Whereas: Local legislation that embodies the interests of the community is mandated by the doctrine of the consent of the governed, and the right to local, community self - government; Now Therefore Be It Resolved: That this Common Council goes on record in support of a ban on commercial extraction of natural gas within the City of Buffalo; and Be It Further Resolved: That the Law Department create a Bill of Rights for the residents of the City of Buffalo and remove any legal powers from gas extraction corporations that operate or may operate in the City of Buffalo. ADOPT RESOLVES, REFER REMAINDER TO THE COMMITTEE ON LEGISLATION NO 90 BY: MICHAEL P. KEARNS, DAVID A. RIVERA, MICHAEL J. LOCURTO CITY OF BUFFALO'S TREE REMOVAL PLAN WHEREAS, The October 2006 Snow Storm drastically reduced the number of trees in Buffalo; the storm destroyed 8,400 mature trees throughout the City and damaged many more; and WHEREAS, The City of Buffalo has its own Forestry Department, consisting of four employees and a supervisor. Although, we have a Forestry Department there is still a need to contract out services because the Forestry Department's current employees are not power line certified arborists and also lack the equipment necessary for the removal of trees over 90 feet; and WHEREAS, The City of Buffalo has $40,000 available for emergency tree removals, to protect City residents from fallen trees. It has been estimated that 3,500 trees need to be removed in the City of Buffalo. The trees in need of removal are not standard tree removals that can be accomplished in -house by our Forestry Department. Although some may believe these removals to be low priority; fallen and deteriorating trees pose an immediate hazardous condition for the residents of the City of Buffalo. By consultant ratings, $40,000 is not an adequate amount for necessary tree removals as we approach the winter season; and WHEREAS, In the 2011 Capital Budget Recommendations for Capital Projects, Mayor Brown has recommended $1,605,000 for city wide tree removal and planting. As the City currently does not have a tree removal contract in place, residents will be forced to wait until July of next year before many of these perilous trees can be removed. The residents of the City of Buffalo should not and cannot wait until July of next year to have these perilous trees removed. There are branches failing on a daily basis in neighborhoods throughout the City, and young children playing and walking by these unsafe trees regularly; and NOW, THEREFORE BE IT RESOLVED, That the Common Council does hereby request that the City of Buffalo Deputy Commissioner of Public Works and the head of the Forestry Department report to the Common Council on the status of the City of Buffalo's tree removal plan; and NOW, THEREFORE BE IT FURTHER RESOLVED The Deputy Commissioner is hereby directed to furnish a list of all trees that have been identified as being in need of removal by Common Council District; and NOW, THEREFORE BE IT FINALLY RESOLVED That copies of this resolution be sent to Andrew Rabb, Deputy Commissioner of Public Works, Parks & Streets; and Jeff Brett City Forester. ADOPT RESOLVES, REFER REMAINDER TO THE COMMITTEE ON LEGISLATION NO 91 SPONSOR: MR. KEARNS COMPOSITION OF THE POLICE REORGANIZATION COMMISSION Whereas: On July 20, 2010, this Honorable Body adopted the resolves of a resolution entitled "Joint Commission to Examine Police Reorganization" (Res. 104, July 20); and Whereas: Pursuant to the resolution cited above, the Common Council has requested the Mayor and Buffalo Police Benevolent Association ( "PBA ") to collaboratively join with this Honorable Body to once again empanel and empower a Joint Commission to Examine Police Reorganization to review the organizational structure of the Buffalo Police Department, evaluate its strengths and weaknesses, and develop a plan to reorganize the Buffalo Police Department in a way which balances the need to efficiently use personnel and equipment with the responsibility to keep neighborhood residents safe and maximize community policing; and Whereas: Pursuant to this adopted resolution, the membership of the Joint Commission to Examine Police Reorganization was envisioned to be comprised of: five (5) members to be appointed by the Mayor; five (5) members to be appointed by the Common Council; and two (2) members to be appointed by the Buffalo Police Benevolent Association; and Whereas: With the onset of this initiative, there has been an outpouring of community support such that a number of highly qualified candidates comprising a diverse cross section of the community have come forth expressing interest in serving as Common Council appointees on this commission; and Now, Therefore, Be It Resolved: That, effective immediately, the membership of the Joint Commission to Examine Police Reorganization be revised as follow: • Four (4) members to be appointed by the Mayor; • The Police Commissioner or his designee (ex- officio); • Two (2) members to be appointed by the Buffalo Police Benevolent Association; • Two (2) members to be appointed by the Delaware District Council Member; • Two (2) members to be appointed by the Ellicott District Council Member; • Two (2) members to be appointed by the Fillmore District Council Member; • Two (2) members to be appointed by the Lovejoy District Council Member; • Two (2) members to be appointed by the Masten District Council Member; • Two (2) members to be appointed by the Niagara District Council Member; • Two (2) members to be appointed by the North District Council Member; • Two (2) members to be appointed by the South District Council Member; and • Two (2) members to be appointed by the University District Council Member. Now, Therefore, Be It Resolved: That the Joint Commission to Examine Police Reorganization shall conduct their affairs in compliance with the following requirements: 1. The City of Buffalo Charter and Code; 2. Roberts Rules of Order; 3. The New York State Open Meetings Law; 4. The Commission shall form sub - committees as deemed necessary by its membership; 5. The Commission shall prepare quarterly status reports to apprise the Common Council of their progress and such reports shall be filed with the City Clerk no later than March 31, 2011; June 30, 2011; and Sept 30, 2011 with a final report containing their recommendations regarding Police Reorganization to be filed with the City Clerk upon its completion, or no later than December 31,2011. ADOPTED NO 92 MR. FRANCZYK APPOINTMENTS TO THE POLICE REORGANIZATION COMMISSION Whereas: The Common Council recently adopted resolutions that called for the empanelment and empowerment of a Joint Commission to Examine Police Reorganization to review the organizational structure of the Buffalo Police. Department, evaluate its strengths and weaknesses, and develop a plan to reorganize the Buffalo Police Department In a way which balances the need to efficiently use personnel and equipment with the responsibility to keep neighborhood residents safe and maximize community policing; and Whereas: At this time, a number of appointments to the Joint Commission to Examine Police Reorganization currently remain unfilled; and Now, Therefore Be It Resolved: That pursuant to the passage of the aforementioned Common Council resolutions, I hereby submit the names of the following persons to serve as Common Council appointments on the Joint Commission to Examine Police Reorganization: Council Appointments Appointee Appointee • Delaware District: H. Wayne Gerhart, To Be Determined 86 Cleveland • Ellicott District: James J. Sobol, To Be Determined 18 Michael's Walk • Fillmore District: Joseph Mascia, Darnell Jackson 47 Marine Dr. Apt 4 -E 28 Barthel • Lovejoy District: To Be Determined To Be Determined • Masten District: To Be Determined To Be Determined • Niagara District: To Be Determined To Be Determined • North District: To Be Determined To Be Determined • South District: Thomas Higgins, Richard Donovan, 347 Whitfield 57 Susan Lane • University District: Linwood Roberts, Ricky M. Allen, Sr., 296 Highland Parkway 191 Roosevelt Ave. PBA Representatives: To Be Determined To Be Determined Police Commissioner: Ex- officio or his designee Mayoral Appointments: To Be Determined To Be Determined To Be Determined To Be Determined ADOPTED NO 93 SPONSORS: LOCURTO, RIVERA, HAYNES THE CREATION AND APPOINTMENT OF MEMBERS TO THE HATE CRIMES TASK FORCE Whereas: On February 2 2010, the Common Council resolved to adopt the Resolution calling for the creation of a Hate Crimes Task Force for the City of Buffalo; and, Whereas: The Task Force will work to address the many challenges and obstacles non - hetero- normative and LGBT individuals face in our city; and Whereas: The Task Force will work in conjunction with the goals established by the Commission on Citizens' Rights of the City of Buffalo, and Whereas: It has been resolved that the Common Council appoint members to the Hate Crimes Task Force. Now, Therefore Be It Resolved: That the Task Force be comprised of the Commissioner of the Commission on Citizens' Rights of the City of Buffalo, three (3) appointments of the Common Council, one (1) appointment or representative from the District Attorney, and two (2) appointments of the Buffalo Police Commissioner. Be It Further Resolved: That these members will convene for the first Hate Crimes Task Force Meeting no later than January 2011. Be It Further Resolved: That a copy of this resolution be sent to Police Commissioner Daniel Derenda and District Attorney Frank Sedita III. ADOPT 1 RESOLVE, REFER REMAINDER TO THE COMMITTEE ON LEGISLATION SPONSOR: MR. LOCURTO NO 94 NORTH BUFFALO ICE RINK OVERSIGHT COMMITTEE WHEREAS: As part of the Joint Schools Construction Project, recent construction at P.S. School #81 caused a number of issues at the adjoining North Buffalo Ice Rink; and WHEREAS: These problems were alleviated in a timely mariner thanks to the work and cooperation of the North Buffalo Community Development Corporation, the Department of Public Works, LP Ciminelli, and Buffalo Bisons hockey- the rink's major tenant; and WHEREAS: Many improvements are upcoming at the North Buffalo Ice Rink thanks to allocations from the City's Capital Budget and State grant money; and WHEREAS: Improvements to the North Buffalo Ice Rink will benefit the North Buffalo Community and those who live and play in the neighborhood surrounding the rink; and WHEREAS: The Common Council wants the spirit of cooperation exhibited during the recent construction to continue forward into further improvements made at the rink; and Now, Therefore, be it Resolved: That the Common Council of the City of Buffalo establishes the North Buffalo Ice Rink Oversight Committee; and Now, Therefore, be it Finally Resolved: That the North Buffalo Ice Rink Oversight Committee be comprised of a representative of the North Buffalo Community Development Corporation's Board of Directors, the Commissioner of Public Works or a designee, the Delaware District Councilmember or a designee, and a representative of Buffalo Bisons Hockey. ADODPTED NO 95 SPONSORS: MICHAEL J. LOCURTO, BONNIE E. RUSSELL, DEMONE A. SMITH RESOLUTION OF THE COUNCIL OF THE CITY OF BUFFALO IN SUPPORT OF THE CONVENTION ON THE ELIMINATION OF ALL FORMS OF DISCRIMINATION AGAINST WOMEN (CEDAW) WHEREAS: The United Nations Commission on the Status of Women formulated a document titled "The Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), and the United Nations General Assembly adopted CEDAW and opened it for signature in December 1979; and, WHEREAS: The spirit of CEDAW is rooted in the goals of the United Nations to affirm faith in fundamental human rights, in the dignity and worth of the human person, and in the equal rights of men and women and as CEDAW provides a comprehensive framework for addressing the various forces that have created and sustained discrimination based on sex; and WHEREAS: CEDAW, sometimes called the International Bill of Rights for Women, obligates those countries which have ratified or acceded to it to take all appropriate measures to ensure the full development and advancement of women in all spheres; political, educational, employment, healthcare, economic, social, legal, marriage and family relations as well as to modify the social and cultural patterns of conduct of men and women to eliminate prejudice, customs and all other practices based on the idea of inferiority or superiority of either sex; and WHEREAS: More than fifty -two countries, including the United States, signed CEDAW during the 1980 Mid - Decade Conference for Women in Copenhagen, Denmark, and as of March 2007, 185 countries have ratified or acceded to the Convention and the United States has not yet ratified or acceded to it; and WHEREAS: In the United States, more than twelve states, eleven counties, and twenty cities have already endorsed or adopted CEDAW for their own jurisdictions; and WHEREAS: Municipal governments have an appropriate and legitimate role in affirming the importance of international law in our communities as universal norms and to serve as guides for public policy, particularly in the diverse City of Buffalo wherein a majority of residents are female. NOW, THEREFORE, BE IT RESOLVED: That the City of Buffalo hereby expresses its support for, and urges ratification by the United States of CEDAW. BE IT FURTHER RESOLVED: That a copy of this resolution shall be sent to the President of the United States, with a copy to the Secretary of State and to each member of the US Senate Foreign Relations Committee, along with our local Congressional officials, endorsing the principles of CEDAW and encouraging US ratification of CEDAW. ADOPTED 10 1 [61:I1 SPONSOR: BONNIE E. RUSSELL GREATER LAW ENFORCEMENT COORDINATION NEEDED IN THE UNIVERSITY DISTRICT Whereas: A number of high - profile crimes have occurred in the University District in recent years and these incidents have frequently involved problems between University at Buffalo ( "UB ") students and non - student University District residents; and Whereas: Although many of these crimes have been solved and /or resulted in successful prosecution, the underlying issues which gave rise to these incidents remains unresolved, which continues to frustrate, alienate, and anger University District residents that care about their community; and Whereas: The University District is one of the City's most diverse in terms of income levels and ethnicity and is home to a large number of UB students, many of whom live in off - campus housing in the University District; and Whereas: The University District is patrolled by a number of different law- enforcement agencies, including the Buffalo Police Department, Erie County Sheriffs Department, the UB Police Department, the Niagara Frontier Transportation Authority and the New York State Police, each of which has different powers, duties and jurisdictions; and Whereas: As taxpayers of the City of Buffalo, the County of Erie, and the State of New York, University District residents fired the operations of each of these law enforcement agencies, and are entitled to their services; and Whereas: Recognizing that crime is not limited by political boundaries, it is critical for neighboring law enforcement agencies to coordinate their efforts even when the area of their geographic jurisdiction does not overlap, as is the case with the City of Buffalo Police and the Town of Amherst Police, Town of Cheektowaga Police, and Village of Kenmore Police. Now Therefore Be It Resolved: That the Buffalo Common Council supports an increase in coordination between the various law enforcement agencies that operate in and around UB and the University District; and Be It Further Resolved: That this Honorable Body requests that the leadership of the Buffalo Police Department, Erie County Sheriffs Department, the UB Police Department, the Niagara Frontier Transportation Authority, the New York State Police, the Town of Amherst Police, the Town of Cheektowaga Police and the Village of Kenmore Police to convene a meeting to explore ways of ensuring greater communication, planning, and support between their various agencies. Ideally, these efforts would include revisiting any existing Memorandums of Understanding ( "MOU ") between the parties that may currently be in effect and, if needed, the amendment of such MOU's or creation and execution of new MOU's between the various parties that specifically outline expectations for providing support and sharing information with one another; and Be It Further Resolved: That copies of this resolution be sent to the Buffalo Police Department, Erie County Sheriffs Department, the UB Police Department, the Niagara Frontier Transportation Authority, the New York State Police and the Town of Amherst Police, the Town of Cheektowaga Police and the Village of Kenmore Police for their review and filing of their comments with the City Clerk; and Be It Finally Resolved: That this item be sent to the appropriate committee of the Common Council to receive and discuss the responses requested above. ADOPT 1 sT 2 "D & 3 RD RESOLVE, REFER REMAINDER TO THE SPECIAL COMMITTEE ON POLICE OVERSIGHT BY: MS. RUSSELL NO 97 SUPPORT STATE OF THE ART AQUARIUM FOR INNER HARBOR AT MEMORIAL AUDITORIUM SITE WHEREAS: The Erie Canal Harbor was originally built in 1825 as the Western Terminus of the Erie Canal and made Buffalo one of the world's greatest business centers for much of the 19 and early 20 century; and WHEREAS: Buffalo transformed from a small village to a thriving metropolis, becoming one of the largest inland ports in the nation, bustling with people and goods from all over the world; and WHEREAS: During the latter half of the 20 century, fewer goods were transported through the Great Lakes, leading to the demise of the Erie Canal Harbor as a functional hub of commerce. The canal site was eventually filled in and left largely vacant, except for scattered parking lots; and WHEREAS: In 1999, plans called for restoring the buried Erie Canal terminus and adjacent 20 plus acres of land into a vibrant mixed -use waterfront destination in the city's former canal district; and WHEREAS: Today, the inner harbor area remains largely vacant. Other than infrastructure improvements, the area has seen few new buildings or new businesses to the expanse section swath of prime waterfront land; and WHEREAS: Locating a state of the art Inner Harbor Aquarium at the Memorial Auditorium site that features both fresh and salt water tanks would be a major attraction that would bring hundreds of thousands of visitors per year to the canal side area and spur further economic development on the waterfront; and WHEREAS: Multi -day visitors would help fill hotels, restaurants, create demand for new retail and finally give Buffalo's waterfront a major destination, while complementing our existing sites and attractions; and WHEREAS: An Inner Harbor Aquarium focusing on the Great Lakes ecosystem could feature plant and animal life found in and around the lakes; and WHEREAS: In 1981, the National Aquarium in Baltimore opened and since has been a symbol of urban renewal, an economic anchor for the city and a source of civic pride for the entire State of Maryland; and WHEREAS: A Great Lakes themed Inner Harbor Aquarium at the Memorial Auditorium site could be the anchor that this area needs to spur a full revitalization of the waterfront and the entire Western New York region; Now Therefore Be It Resolved: That this Common Council goes on record in support of a Great Lakes themed Inner Harbor Aquarium, featuring both fresh and saltwater tanks and exhibits, at the Memorial Auditorium site; and Be It Further Resolved: That an Inner Harbor Aquarium committee be established to further look into bringing a world -class aquarium to Buffalo's waterfront; and Be It Further Resolved: That copies of this resolution be sent to New York State Senators Schumer and Gillibrand, to Congressman Brian Higgins, Mayor Byron Brown, to the Commissioner of Strategic Planning, Law Department and to the entire WNY Senate and Assembly delegation for their comments and suggestions. Be It Finally Resolved: That this item be sent to the appropriate committee for further discussion. ADOPTED BY: DEMONE A SMITH NO 98 APPOINTMENTS COMMISSIONERS OF DEEDS REQUIRED FOR THE PROPER PERFORMANCE OF PUBLIC DUTIES That the following person(s) are hereby appointed as Commissioner of Deeds for the term ending December 31,2010, conditional upon the persons so appointed certifying under oath to their qualifications and filing same with the City of Buffalo Alyssa K. Weiss Jason Hurley Brian C. Bray TOTALS ADOPTED NO 99 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. Regular Committees Committee on Civil Service Tuesday, November 9, 2010 at 9:45 o'clock A.M. Committee on Finance Tuesday, November 9, 2010 at 10:00 o'clock A.M. following Civil Service Committee on Comm. Dev. Tuesday, November 9, 2010 at 1:00 o'clock P.M. Committee on Legislation Tuesday, November 9, 2010 at 2:00 o'clock P.M. Special Committees Waterfront Development Wednesday, November 10, 2010 at 11:00 o'clock A.M. (Public Disclaimer): All meeting are subject to change and cancellation by the respective Chairmen of Council Committees. In the event that there is sufficient time given for notification, it will be provided. In addition, there may be meetings set up whereby the City 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 100 ADJOURNMENT On a motion by Mr. Fontana, Seconded by Mr. Kearns, the Council adjourned at 4:00 P.M. GERALD CHWALINSKI CITY CLERK Board of Police and Fire Pension Proceedings #8 Office of the Mayor -201 City Hall October 21, 2010 Present: Hon. David A. Franczyk, Council President Gerald Chwalinski, City Clerk Darryl McPherson, City Auditor 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 October 2010 amounting to $3,740.00 and request that a check 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 October 2010 amounting to $2,815.00 and request that a check 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.