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Home My WebLink About09-1110-1028ss (2) No. 21 PROCEEDINGS OF THE CITY OF BUFFALO November 10, 2009 SPECIAL SESSION OCTOBER 28, 2009 MAYOR Hon. Byron W. Brown COMPTROLLER Andrew Sanfilippo COMMON COUNCIL PRESIDENT OF THE COUNCIL FILLMORE DISTRICT DAVID A. FRANCZYK PRESIDENT PRO TEMPORE SOUTH DISTRICT MICHAEL P. KEARNS MAJORITY LEADER LOVEJOY DISTRICT RICHARD A. FONTANA DISTRICT COUNCIL MEMBERS BRIAN C. DAVIS – ELLICOTT DEMONE A. SMITH – MASTEN MICHAEL J. LO CURTO – DELAWARE JOSEPH GOLOMBEK JR. – NORTH DAVID A. RIVERA- NIAGARA BONNIE C. RUSSELL-UNIVERSITY REGULAR COMMITTEES CIVIL SERVICE COMMITTEE: Bonnie E. Russell Chairman, Brian C. Davis, Michael P. Kearns, David A. Rivera, Joseph Golombek Jr. -Members CLAIMS COMMITTEE: David A. Rivera Chairman, Michael P. Kearns, Richard A. Fontana, 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, Brian C. Davis, Michael J. LoCurto, David A. Rivera, Bonnie E. Russell - Members. LEGISLATION COMMITTEE: Joseph Golombek Jr., Chairman, Brian Davis, Richard A. Fontana, Michael LoCurto, David Rivera-Members. RULES COMMITTEE: David A. Franczyk, Chairman, Michael P. Kearns, Richard A. Fontana - Members SPECIAL COMMITTEES BUDGET COMMITTEE: Richard A. Fontana., Chairman, Michael P. Kearns, Michael J. LoCurto, Demone Smith - Members EDUCATION COMMITTEE: Demone Smith, Chairman, Brian C. Davis, Richard A. Fontana, Members MINORITY BUSINESS ENTERPRISE COMMITTEE: Demone Smith Chairman, Brian C. Davis, Richard A. Fontana, Joseph Golombek Jr., David A. Rivera, Members POLICE OVERSIGHT: Brian C. Davis, Chairman, Richard A. Fontana, David A. Rivera, Bonnie E. Russell, Demone Smith – Members PUBLIC TRANSPORTATION: Michael P. Kearns, Chairman, Richard A. Fontana, Michael J. LoCurto, David A. Rivera - Members WATERFRONT DEVELOPMENT COMMITTEE: Michael P. Kearns, Chairman, Brian C. Davis, Joseph Golombek, Jr, David A. Rivera, members CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO TUESDAY, NOVEMBER 10, 2009 AT 2:00 P.M. Present – David A. Franczyk, President of the Council, and Councilmembers: Davis, Fontana, Golombek, Kearns, LoCurto, Rivera, Russell, Smith –9 Absent – 0 On a motion by Mr. Fontana, Seconded by Mr. Kearns, the minutes of the stated meeting held on October 27, 2009 were approved. INVOCATION PLEDGE TO FLAG DATE November 10, 2009 **FINAL** MAYOR 1. Appointments Bflo Preservation Board (Watts, Maxwell) LEG, COLL 2. Capital Budget Recommendations-2010 & Improvements 2010-2014 BUDGET 3. Lease Bflo General Hospital Parking Ramp to Bflo Nia Med Campus(Ell) FIN MAYOR – EXECUTIVE 4. Cit Serv-Submission of Monthly Report October 2009 R&F 5. Strat Plan-Perm to Redesignate Developer-True Bethel 858 E. Ferry(Masten) APP 6. Strat Plan-Report of Sale 59 Fillmore(Fill) CD 7. Strat Plan-Report of Sales-112, 116 Jersey (Ell) CD 8. Strat Plan-Report of Sale 74 Richlawn(Mas) CD 9. Strat Plan-Report of Sale-182 Stanislaus (Fill) APP 10. Strat Plan-Report of Sale-12 Winter(Nia) APP 11. Strat Plan-Report of Sales-877, 879, 883, 886 Woodlawn (Mas) APP COUNCIL PRESIDENT 12. Re: Payroll Audit of Common Council Staff FIN 13. Info-USPS Proposed Closures LEG ASSESSMENT AND TAXATION 14- 13A. Harborview Preservation Housing Dev Fund Co., Inc. APP PUBLIC WORKS 15- 14. Bryant and Hodge St Signs Within City ROW(Nia) LEG 16- 15. Bus Shelters(7) Within City ROW(Var) LEG 17- 16. Change in Contract-Shea’s Performing Arts Center(Ell) APP 18- 17. Change in Contract Streetlight Repair Citywide I APP 19- 18. City of Buffalo Snow Plan LEG 20- 19. Perm to Engage Serv of Consulting Eng-High Service Pumps-Colonel Ward APP 21- 20. Permission to Enter into Agmt FHWA,FTA,NYSDOT,NFTA & Bflo Place for Design and Constr of Main St-600 Block APP 22- 21. Perm to Enter into Agmt W/NYSDOT Erie Canal Harbor Sts Phase I(Fill) APP 23- 22. Perm to Hire Consultant and Enter Agmt FHWA and NYSDOT-Seneca St(South)APP 24- 23. Perm to Increase Consultant Contract-Porter Ave Streetscape(Nia) APP 25- 24. Reduction in Retention-Michigan Ave Corridor Rehab (Ell) APP 26- 25. Report of Bids City Hall Emergency Generator(Ell) APP 27- 26. Report of Bids District Heat Economizer Replacement(Ell) APP 28- 27. Report of Bids Fire Headquarters Emergency Generator(Ell) APP 29- 28. Request to Purchase Equipment APP 30- 29. Seneca St Reconstruction Permit APP th 31- 30. Appt Dispatcher (Perm)(4 Step)(Coughlin) CS 32- 31. Appt Heavy Equipment Operator(Perm)(Inter)(Maund) CS 33- 32. Appt Sr. Account Clerk-Typist(Prov)(Max)(Merkl) CS 34- 33. Appt Truck Driver(Perm)(Interm)(Chapman, Cunningham, Pace, Pitts) CS 35- 34. Appt Truck Driver(Perm)(Max)(Carney, Fiorella, Long, Wagner) CS POLICE 36- 35. Perm to Accept Various Grants and Approval for Interfund Cash Loans APP 37- 36. Request Permission to Donate Out of Service Police Radios to BMHA APP PERMITS AND INSPECTIONS 38- 37. Food Store(New)2075 Delaware(Del) APP 39- 38. Food Store(New)2154 Genesee(Lov) LEG 40- 39. Lodging House License-110 Moreland(Lov)-Bread & Breakfast APP 41- 40. Restaurant Dance License Renewal-274 Delaware(North) LEG 42- 41. Restaurant Dance Class III-47 East Mohawk(West) LEG CITY CLERK 43- 41A. Bd of Ethics-Nomination for Board-Dr. E. Paterson, R. Sullivan LEG,COLL 44- 41B. Items Returned to City Clerk by Mayor Without Approval or Disapproval R&F 45- 42. Leaves of Absence R&F 46- 43. Notices of Appointments- Temp/Prov/Perm CS MISCELLANEOUS 47- 44. EC Legislator-B. Miller-Williams Opposed Plans to Cut Primary Health Care At City Clinics R&F 48- 45. International Brotherhood of Elec Wkrs-Qualified Installers of Municipal Solar Electric Systems FIN,CC 49- 45A. D. Jackson-Permission to Address BURA Committee on Behalf of CRUCIAL_CD 50- 46. NYSDEC-Report of Clean Up-Niagara and Pennsylvania Site R&F 51- 47. NYSDEC-Report of Clean Up-NOCO Site R&F 52- 48. Partnership for the Public Good-Erie Canal Harbor Dev-Bldg on Comm Assets_R&F 53- 49. D. Rivera-Code Blue- Buffalo’s Cold Weather Emergency Plan LEG 54- 50. M. Shapiro-Coalition for Economic Justice-DGEIS Re: Canal Side Project CD PETITIONS 55- 51. J. Maucailla , Owner, Use 2144 Niagara for a Take Out Restaurant and Convenience Store (North)(hrg 11/17) LEG,CPBD st 56- 52. T. Fox, Agent, Use 960 Busti to Convert a Warehouse to 23 Apts and 1 Floor Commercial Use(Nia) (hrg 11/17) LEG,CPBD,ZONING 57- 53. A. Lojancono, Owner, Use 1518 Hertel Ave-Convert 1 Story Masonry to a Take-Out Restaurant(Del)(hrg 11/17) LEG, CPBD, ZONING RESOLUTIONS 90- 54. Davis Support of Baja Beach Club Inc & Bflo Redev-Curtis Bldg ADOPT 91- 55. Davis Support-Redevelopment of Two Downtown Properties ADOPT 92- 55A. Davis Authorization of Tax Abatement Agreement APP 93- 56. LoCurto Creation of Green Building Code Task Force LEG,CC 94- 57. LoCurto National League of Cities’ Prescription Card Program ADOPT 95- 58. LoCurto Urging the AdoptionA.01803/S.00863-Req Comm to Establish Standards-Inspections of Green Roofs and Tax Abatements ADOPT 96- 59. Russell Budget and Personnel Amendment-Public Works FIN 97- 60. Smith Comm of Deeds Public Duties ADOPT TABLE ITEMS ------#105 9/1/09 K. Frizlen, Owner, Rezone 301, 305, 311 West Utica for Multi Family Housing (Nia)(hrg 5/19) SUBMISSION LIST OF COMMITTEE ITEMS FOR THE COUNCIL MEETINGS CIVIL SERVICE 58- 1. Com 20 Oct 27 Appt Heavy Equipment Operators (Perm)(Max) (Feldman,Linkowski)(PW) APP 59- 2. Com 21 Oct 27 Appt Heavy Equipment Operator(Perm)(Inter)(Ferril)(PW)` APP 60- 3. Com 22 Oct 27 Appt Equipment Operators(Perm)(Max) (Coyle, Lombardo,Orr,Jr,Hussar)(PW) APP nd 61- 4. Com 26 Oct 27 Appt Counselor III(Perm)(2 Step) (Jones) R&F 62- 5. Com 36 Oct 27 Notices of Appointments-Temp/Prov/Perm(Cty Clk) R&F FINANCE stth 63- 6. Com 12 Oct 27 Indirect Cost Allocation Plan (Exec 1 & 4 Res)(Compt) R&F 64- 7. Com 16 Oct 27 Assessment Reform in the COB(Assess) CD 65- 8. Com 25 Oct 27 Approval of Funding-Bflo Niagara Convention & Visitors Bureau(Comm Svs) APP ndrd 66- 10. Res 82 Oct 27 Single Stream Recycling(exc 1st,2 & 3 Res) ADOPT FINAL RES 67- 11. No 42 Sept 29 Olmsted Pks Job Training Partnership Making a Diff in Worker’s Life R&F 68- 12. No 70 Sept 1 J. Pajak-Capital Project Fund Status R&F st 69- 13. Res 115 July 7 Indirect Cost Allocation Plan (exc 1 4 res) R&F 70- 14. Com 22 June 23 Audit Report COB Recycling Prog 1/1/2005-5/31/2008(PW) R&F 71- 15. No 42 June 9 S. Radominski, Sr.-Concerns Water Bill 133 Weimer(Lov) RECOMMITT 72- 16. No 59 May 26 R. Fontana-Buttino-Concerns Security at Schiller Park Center R&F 73- 17. No 49 May 12 B. Davis-L. Zaepfil-Discuss creating a Public Use Abandonment ROW One Block of Cary St(#44,11/27)(#84,7/8) R&F 74- 18. Com 8 Apr 28 Audit Report-City Recycling Program 1/1/05-05/31/08 (Compt) R&F COMMUNITY DEVELOPMENT 75- 19. Com 7 Oct 27 Report of Sale 86 French (Mas)(Strat Plan) APP 76- 20. Com 8 Oct 27 Report of Sale 1606 Jefferson (Mas)(Strat Plan) RECOMMITT 77- 21. Com 9 Oct 27 Report of Sale 400 & 402 Monroe (Ell)(Strat Plan) APP 78- 22. Com 11 Oct 27 Results Neg-Sale Portion of South Pierce (Lov)(Strat Plan) APP 79- 23. No 37 Oct 27 F. Cirillo-NYSDOT-Surplus Property-S Park Ave-Katherine St to Lee St R&F 80- 24. No 65 Oct 27 A. Thompson-Contamination/Remediation of Lots on Jefferson Ave(#58,10/13)R&F LEGISLATION 81- 25. No 53 Oct 27 M. LoCurto-C. Daley & Others-Oppose Re Licensing El Waseem’s Store R&F 82- 26. No 60 Sept 15 Used Car Dealer-490 Seneca St(Ell)(EDPI)(#27,4/14) DENY 83- 27. No 84 Sept 1 S. Boumds & O-Oppose Traffic & Speeding on Sprenger Ave (Lov) R&F 84- 28. No 94 July 21 Restaurant Dance Class III 110 Pearl(Ell)(EDPI) (#24,3/3)(#94,3/31)(#65,4/28)(#101,7/7) R&F 85- 29. Com 28 June 23 Annual Action Plan 2009-2010 (Police) R&F R&F 86- 30. No 50 June 23 C. Griffasi-B A Sport 87- 31. No 33 May 12 B. Davis-Big Orbit’s Sound Lab(Ell) R&F EDUCATION 88- 32. No 43 Mar 31 M. Kearns-L. Petrucci Discovery School #67 R&F 89- 33. No 46 Oct 13 LP Ciminelli-Board Packet Documents October 2009 R&F • FROM THE MAYOR NO. 1 APPOINTMENT BUFFALO PRESERVATION BOARD Pursuant to Section 18-35, Section 109-Q; Local Law 4 of the City Charter, I hereby appoint the following individuals to serve on the Buffalo Preservation Board for a 3-year term, commencing immediately and expiring October 31,2012. Edward Watts, Jr., 95 Perry Street, Suite 300, Buffalo, New York, 14203. Mr. Watts is the President of Watts Architecture and Engineering, PC, a minority owned architecture and engineering firm. Mr. Watts will serve as the architectural representative on the board. Russell J. Maxwell, 57 Tillinghast Place, Buffalo, New York, 14216. Mr. Maxwell is the President and Owner of Medical Answering Services, LLC, a medical communications company serving health care providers, governments and individuals. Mr. Maxwell will serve as a Preservation District-At-Large Member on the board. I hereby certify that the above mentioned individuals are fully qualified to serve on the Buffalo Preservation Board. REFERRED TO THE COMMITTEE ON LEGISLATION DIVISION OF COLLECTIONS FROM: THE EXECUTIVE DEPARTMENT NO. 2 2010 CAPITAL BUDGET RECOMMENDATIONS & 2010-2014 CAPITAL IMPROVEMENTS PROGRAM RECOMMENDATIONS $4,900,000 $2,535,000 $1,819,000 $1,649,000 $1,094,232 $722,250 $525,750 $428,000 $266,430 $53,340 In accordance with §20-24 of the City Charter, attached please find my recommended 2010 City of Buffalo Capital Budget and 2010-2014 Capital Improvements Program. Based upon the City of Buffalo Comptroller's recommended debt limits, the 2010 Capital Budget consists of $22.7 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 $125 million in requests. As is 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 including more than $3.1 million in funding for City parks. This increased 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 $22.7 million in capital funding is highlighted by: Buffalo Public Schools Emergency Demolitions Martin Luther King, Jr. Park Basin & Casino Rehabilitation Police and Fire Radio System City-wide parks system City-wide Community Centers Kleinhan's Music Hail Air Conditioning Renovation of Johnny B. Wiley Office Bldg Improvements to Downtown Ball Park (Coca Cola Field) Erie Canal Harbor Streets - Phase III REFERRED TO THE SPECIAL COMMITTEE ON BUDGET NO. 3 LEASE OF BUFFALO GENERAL HOSPITAL PARKING RAMP TO BUFFALO NIAGARA MEDICAL CAMPUS, INC. The purpose of this communication is to request that the Common Council publish notice for a public hearing in compliance with General Municipal Law § 507. The purpose of the public hearing would be to discuss a proposed lease of the Buffalo General Hospital Parking Ramp by Buffalo Niagara Medical Campus, Inc. Subsequent to the public hearing permission is hereby requested for the City of Buffalo to enter into the lease BNMC. The City of Buffalo owns the Buffalo General Hospital Parking Ramp ("Ramp"). The Ramp is within the boundaries of the Urban Renewal Plan for the Oak Street Redevelopment Project. The Buffalo Niagara Medical Campus, Inc. ("BNMC") is seeking to lease the Ramp. BNMC is a not-for-profit corporation formed to provide, among other things, integrated planning functions for the development of the Buffalo Niagara Medical Campus ("Campus") in downtown Buffalo, New York, as an urban center for scientific and medical research, the delivery of medical care and for related academic activities, including the management and coordination of the parking facilities used for the benefit of the Campus. The lease of the Ramp will permit the BNMC to fill the critical need of coordinating parking for employees at the medical campus, as well as patients and visitors during the half billion dollar construction phase of the "North End Project" (Le., Global Vascular Institute, Skilled Nursing Facility, and the Medical Office Building) undertaken by BNMC, Kaleida Health, the University at Buffalo, and Ciminelli Development. The term of the lease (five year initial term with two five year renewal options) is intended to assist BNMC with coordinating parking during expected future construction projects on the Campus. The terms of the lease are as follows: Five year term with two five year renewal options. City of Buffalo retains ability to cancel lease without cause on 60 days notice after initial five year term. $225,000 rent with 3% annual escalation City indemnified against liability arising out of actions of BNMC and insurance requirements for general liability, garagekeepers, elevator, commercial umbrella, holdup and robbery, and others. Assignment without notice limited to identified members of the BNMC. BNMC to install new revenue control system (approximately $350,000). BNMC responsible for utilities, maintenance, and security. City responsible for capital improvements. A copy of the lease is attached hereto. The City of Buffalo Board of Parking reviewed the Lease in its advisory capacity at its meeting on October 7, 2009. Comments and recommendations of the Board were incorporated in the attached version of the lease. The Office of Strategic Planning has found the lease agreement consistent with the objectives of the Urban Renewal Plan for the Oak Street Redevelopment Project ("URP"). Furthermore, on November 3, 2009, the City of Buffalo Planning Board determined that the lease arrangement was consistent with the Generic Environmental Impact Statement ("GELS") previously adopted for the entire North End Project in that the lease mitigates the negative impacts on parking associated with the construction phase of the North End Project. The City of Buffalo would enter into the lease with BNMC under the authority granted by General Municipal Law § 507. On November 5, 2009, in conformance with General Municipal Law § 507, the Buffalo Urban Renewal Agency found that the BNMC was a "qualified and eligible sponsor," a pre-requisite to the City of Buffalo's governing body (i.e., the Common Council) acting upon the lease. In compliance with General Municipal Law § 507, the Common Council must now hold a public hearing on the lease and the designation of BNMC as a qualified and eligible sponsor. After the public hearing is held, and providing there are no significant objections, I am recommending that Your Honorable Body first adopt a Findings Statement for this undertaking, as per SEQR. The Findings Statement must be approved as a separate action and must be approved prior to the approval of the lease. Secondly, I am requesting that Your Honorable Body authorize the execution of the lease. REFERRED TO THE COMMITTEE ON FINANCE FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM CITIZENS SERVICES NO. 4 SUBMISSION OF MONTHLY REPORT- OCTOBER 2009 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 October 2009, 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 STRATEGIC PLANNING NO. 5 PERMISSION TO REDESIGNATE REDEVELOPER TRUE BETHEL BAPTIST CHURCH 858 EAST FERRY STREET Your Honorable Body designated True Bethel Baptist Church as the Redeveloper of 858 E. Ferry Street on February 3, 2009 for a period of six (6) months. True Bethel was unable to begin their due diligence under the developer designation due to delays by the NY State Department of Environmental Conservation issuing a closure report. In 1992, the City of Buffalo acquired 858 E. Ferry through tax foreclosure. The property is a vacant former industrial site consisting of approximately 3.32 acres of land and is triangular in shape with with 514 feet of frontage along East Ferry Street. The property is zoned M-1 and is encumbered by an easement for the Scajaquada Creek Drain that cuts through the middle of the property. The Property was part of a recent Ten Million Dollar New York State Dept. of Environmental clean-up of this site and off-site properties. The closure report was received on October 1, 2009 by the City of Buffalo. The property has been remediated for unrestricted use. This closure report will allow the project to move forward. True Bethel Baptist Church has engaged a design/construction consultant to construct a new 30,000 sq.ft, sanctuary at their present location located at 907 E. Ferry and construct a 50 unit Senior Complex at 858 E. Ferry. To date they have received a bank commitment for the sanctuary and are proposing to start construction in the Spring of 2009. They will be applying to HUD to fund a 202 senior citizen apartment complex. I therefore respectfully request that Your Honorable Body redesignate True Bethel Baptist Church and or corporation, partnership, or other legal entity to be formed as Redeveloper of the subject property for a period of six months subject to the following conditions: a Submission by the Redeveloper of a detailed site plan for approval by the City of Buffalo Planning Board and construction plans, including landscaping, for approval by the City. b. Submission of a colored rendering of the property suitable for presentation to the City Common Council which shall be submitted prior to the Common Council approval of LDA. c. Submission by the Redeveloper of evidence of equity capital and mortgage financing necessary for the completion of the project which shall be submitted prior to closing. d. Payment of a designation fee of Two Hundred Fifty Dollars ($250.00) per 'month by Redeveloper to the City, payable within five (5) days from the date of designation and due thereafter the first day of every month. In the event Redeveloper shall exercise its option to acquire said property pursuant to the Land Disposition Agreement (LDA) to be negotiated by Redeveloper and the City, said option fee shall be applied as a credit towards the purchase price. In the event Redeveloper shall not proceed with the redevelopment of the property within the designation period, Redeveloper shall forfeit all monies paid on account and the City shall retain all such monies. e. Redeveloper is responsible for performing any soil borings and soil investigations, as per a license agreement to be granted by the City, for the purpose of determining, to developer's satisfaction, the suitability of the site f. for its intended use, and the presence or absence of hazardous substances as such term is used in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended (C.E.R.C.L.A) 42 USC ss 9601 et seq.: The Hazardous Materials Transportation Act, as amended, 49 USC ss 1801 et seq.: The Resource Conservation and Recovery Act, as amended, 42 USC ss 6901 et seq.: Articles 15 and 27 of the New York State Environmental Conservation Law or any other federal, state, or local law, regulation, rule, ordinance, by-law, policy guidance, procedure, interpretation, decision, order, or directive, whether existing as of the date hereof, previously enforced or subsequently enacted. g. The successful negotiation of a Land Disposition Agreement for approval by the Common Council by no later than six months from the date the Common Council approves the designation. The purchase price shall be negotiated based upon a real estate appraisal to be obtained and paid for by the purchaser. h. Upon signing of LDA, payment by the Redeveloper to the City of a non- refundable deposit, in the amount of ten percent (10%) of the agreed to selling price. i. Individuals and or corporations having outstanding taxes, water bills, parking tickets, user fee and/or demolition liens or any other liens owned to the City of Buffalo, or if code violations exist on any property owned by them they are ineligible for designation. The City of Buffalo may terminate this designation should the Redeveloper fail to meet any of the deadlines set forth above. Should the City elect to terminate this designation on or before the end of the designation period for failure to meet a timely deadline, the City will first allow the Redeveloper two (2) weeks to cure by written notice. This designation will expire six (6) months from the date the Common Council approves the designation. I am requesting that your Honorable Body approve the redesignation of True Bethel Baptist Church as the Redeveloper of 858 E. Ferry upon the above terms and conditions; authorize the Executive Director of the Office of Strategic Planning to prepare the necessary agreements for the redevelopment of 858 E. Ferry, and forward to the Common Council for final approval of agreements for the transfer of title. Mr. Fontana moved: That the above communication from the Office of Strategic Planning dated November 4, 2009, be received and filed; and That the Common Council approves the redesignation of True Bethel Baptist Church as the Redeveloper of 858 E. Ferry Street upon the above terms and conditions. That the Executive Director of the Office of Strategic Planning be, and he hereby is authorized to prepare the necessary agreements for the redevelopment of 858 E. Ferry Street and forward to the Common Council for final approval of agreements for the transfer of title. PASSED AYES - 9 NOES - 0 NO. 6 REPORT OF SALE 59 FILLMORE, 93' N HARDWOOD LOT SIZE: 31' X 121' ASSESSED VALUATION: $3,000.00 (FILLMORE DISTRICT) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Darryl T. Brzezniak, 61 Fillmore Avenue, Buffalo, New York 14210 to purchase 59 Fillmore Avenue. Mr. Brzezniak owns and resides at 61 Fillmore, which is adjacent to 59 Fillmore. He intends to use the vacant lot for additional green space. The Division of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. The Division of Real Estate has investigated the sale of similar lots in the subject area. Sales range from Forty Cents ($.40) to Sixty Five Cents ($.65), per square foot. Mr. Brzezniak has agreed and is prepared to pay One Thousand Nine Hundred Dollars ($1,900.00), Fifty Cents ($.50) per square foot for the subject property. He has also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 59 Fillmore Avenue to Mr. Darryl T. Brzezniak in the amount of One Thousand Nine Hundred Dollars ($1,900.00). I am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. REFERRED TO THE COMMI'I-I'EE ON COMMUNITY DEVELOPMENT. NO. 7 REPORT OF SALE 112 JERSEY, 86' NE BUSTI LOT SIZE: 46' X 92' ASSESSED VALUATION: $3,600.00 116 JERSEY, 100' W SEVENTH LOT SIZE: 32' X 56' ASSESSED VALUATION: $1,900.00 (ELLICOTT DISTRICT) The Office of Strategic Planning, Division of Real Estate has received a request from Ms. Jennifer A. Gill, 118 Jersey Street, Buffalo, New York 14201 to purchase 112 and 116 Jersey. Ms. Gill owns and resides at 118 Jersey, which is adjacent to 112 and 116 Jersey. She intends to use the vacant lot for additional green space. The Division of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. Ms. Gill has commissioned Ms. Pamela Breidenstein, Real Estate Appraiser of Breidenstein Appraisals, Inc., 798 Center Road to estimate the Fair Market Value of the subject properties. She has estimated the Fair Market Value to be Three Thousand Three Hundred Dollars ($3,300.00), Fifty Five Cents ($.55) per square foot. The Division of Real Estate has reviewed the appraisal reports and concurs with the appraisers' estimate of value. Ms. Miller has agreed and is prepared to pay Three Thousand Three Hundred Dollars ($3,300.00), Fifty Five Cents ($.55) per square foot for the subject properties. 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 112 and 116 Jersey to Ms. Jennifer A. Gill in the amount of Three Thousand Three Hundred Dollars ($3,300.00). I am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 8 REPORT OF SALE 74 RICHLAWN, 120' N WAKEFIELD LOT SIZE: 30' X 121' Assessed Valuation Land: $2,700.00 Improvement: $22,600.00 Total: $25,300.00 (Masten District) The Office of Strategic Planning, Division of Real Estate has received a request from Ms. Avionne Akanbi, 4010 Lawrence Avenue, Apt # 701, Scarborough, Ontario, Canada M1E2R4 to purchase 74 Richlawn. Ms. Akanbi intends to renovate the dwelling and have a family member use as a place of residence. The estimated cost of renovation is Thirty Two Thousand Dollars ($32,000.00). She has provided proof of financial ability to complete the purchase and repair of the property. The property consists of 1,990 square feet, two and one half story frame, one family dwelling in poor condition situated on a lot 30' x 121'. The property was acquired by the City through In Rem #41 in October 2007. There have been no serious offers for the property, since being acquired by the City. 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 Mayor's Anti Flipping Task Force has reviewed the out of town purchaser and has no objection to the sale. The Division of Real Estate has investigated the sale of similar properties in the subject area. Sales range from Two Dollars and Twenty Three Cents ($2.23) to Eight Dollars ($8.00), per square foot of living area. The report of the sale is that Ms. Avionne Akanbi has agreed and is prepared to pay Six Thousand Dollars ($6,0000.00), Three Dollars ($3.00) per square foot of living area 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 74 Richlawn to Ms. Avionne Akanbi in the amount of Six Thousand Dollars ($6,000.00). I am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of tile and that the Mayor be authorized to execute the same. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 9 REPORT OF SALE 182 STANISLAUS, 65' W ROTHER LOT SIZE: 32'X 100' ASSESSED VALUATION: $1,100.00 (FILLMORE DISTRICT) The Office of Strategic Planning, Division of Real Estate has received a request from the Mr. Atiqur Rahman, 178 Stanislaus Street, Buffalo, New York 14212 to purchase 182 Stanislaus Street. Mr. Rahman owns and resides at 178 Stanislaus, which is adjacent to 182 Stanislaus. He intends to use the vacant lot for additional green space. The Division of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. Mr. Rahman has commissioned Mr. Richard Bronstein, Real Estate Appraiser of R.W. Bronstein Corporation, 3666 Main Street to estimate the Fair Market Value of the subject property. He has estimated the Fair Market Value to be One Thousand One Hundred Dollars ($1,100.00), Thirty Five Cents ($.35) per square foot. The Division of Real Estate has reviewed the appraisal report and concurs with the appraisers' estimate of value. Mr. Rahman has agreed and is prepared to pay One Thousand One Hundred Dollars ($1,100.00), Thirty Five Cents ($.35) 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 182 Stanislaus to Mr. Atiqur Rahman in the amount of One Thousand One Hundred Dollars ($1,100.00). I am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. Mr. Fontana moved: That the above communication from the Office of Strategic Planning dated November 4, 2009, be received and fled; and That the offer from Mr. Atiqur Rahman, residing at 178 Stanislaus, in the sum of one thousand and one hundred dollars ($1,100.00) for the purchase of 182 Stanislaus, be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES - 9 NOES - 0 NO. 10 REPORT OF SALE 12 WINTER, 105' NW MASSACHUSETTS LOT SIZE: 30'X 151' ASSESSED VALUATION: $5,400.00 (NIAGARA DISTRICT) The Office of Strategic Planning, Division of Real Estate has received a request from the People United for Sustainable Housing (PUSH), Mr. Aaron Bartley, 271 Grant Street, Buffalo, New York 14213 to purchase 12 Winter Street. PUSH owns a one family dwelling at 10 Winter, which is adjacent to 12 Winter. They intend to use the vacant lot for additional green space and parking for their tenant. 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. PUSH has commissioned Mr. Stephen Maraszek, Jr., Real Estate Appraiser of GAR Associates, Inc., 2399 Sweet Home Road to estimate the Fair Market Value of the subject property. He has estimated the Fair Market Value to be Two Thousand Five Hundred Dollars ($2,500.00), Fifty Seven Cents ($.57) per square foot. The Division of Real Estate has reviewed the appraisal report and concurs with the appraisers' estimate of value. PUSH has agreed and is prepared to pay Two Thousand Five Hundred Dollars ($2,500.00), Fifty Seven Cents ($.57) per square foot for the subject property. They have also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 12 Winter to People United for Sustainable Housing (PUSH) in the amount of Two Thousand Five Hundred Dollars ($2,500.00). I am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. Reportsale12WINTERPUSH/real Mr. Fontana moved: That the above communication from the Office of Strategic Planning dated November 2, 2009, be received and filed; and That the offer from Mr. Aaron Bartley, residing at 271 Grant Street, in the sum of two thousand and five hundred dollars ($2,500.00) for the purchase of 12 Winter, be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES - 9 NOES - 0 NO. 11 REPORT OF SALE 877 WOODLAWN, E COR. KEHR LOT SIZE: 25' X 105' ASSESSED VALUATION: $900.00 879 WOODLAWN, 24.52' E KEHR LOT SIZE: 30' X 105' ASSESSED VALUATION: $1,000.00 883 WOODLAWN, 54.52' E KEHR LOT SIZE: 30' X 105' ASSESSED VALUATION: $1,000.00 886 WOODLAWN, 91.15' E KEHR LOT SIZE: 32' X 103' ASSESSED VALUATION: $800.00 (MASTEN DISTRICT) The Office of Strategic Planning, Division of Real Estate has received a request from True Community Development Corporation, Mr. Clarke E. Eaton, Jr., 594 Winslow Avenue, Buffalo, New York 14201 to purchase 877, 879, 883 and 886 Woodlawn Avenue. True Community Development Corporation is proposing to acquire these properties and combine them with properties they currently own on Woodlawn to construct quality affordable housing. 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. True Community Development Corporation has commissioned Mr. Robert Marshall, Jr., Real Estate Appraiser of Jim Roberts Realty, 2118 Seneca Street to estimate the Fair Market Value of the subject properties. He has estimated the Fair Market Value to be Three Thousand Two Hundred Dollars ($3,200.00). The Division of Real Estate has reviewed the appraisal report and concurs with the appraisers' estimate of value True Community Development Corporation has agreed and is prepared to pay Three Thousand Two Hundred Dollars ($3,200.00). They have also agreed to pay for the cost of the transfer tax and recording fees. Mr. Fontana moved: That the above communication from the Office of Strategic Planning dated November 2, 2009, be received and filed; and That the offer from Mr. Clarke E. Eaton, Jr., residing at 594 Winslow Avenue, in the sum of three thousand and two hundred dollars ($3,200.00) for the purchases of 877, 879, 883 and 886 Woodlawn, 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 transfers of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES - 9 NOES - 0 FROM THE PRESIDENT OF THE COUNCIL NO. 12 PAYROLL AUDIT OF COMMON COUNCIL STAFF We are in receipt of the "Payroll Audit of the Common Council Staff" as performed by your office, and we thank you for your diligence in this matter. Each Common Council Member is currently reviewing the comments and recommendations contained in the audit report. On behalf of my colleagues I assure you, that as a Legislative Body, we are committed to strengthening the internal controls associated with the Council's work time / payroll reporting and monitoring systems. REFERRED TO THE COMMITTEE ON FINANCE. NO. 13 BROADWAY-FILLMORE STATION POST OFFICE, CCP #10, OCTOBER 13, 2009 Please file the attached letter from Congresswoman Louise Slaughter's Office for further consideration at the next Common Council session to be held November 10, 2009. Your assistance is greatly appreciated. Dear Honorable Franczyk, Thank you very much for contacting me regarding the United States Postal Service's (USPS) announcement about proposed closures of branches in our region. I have received your resolution about the Broadway-Fillmore branch and I appreciate your interest and concern. As of right now, these proposed closures are not definite. Currently the USPS is assessing their branches and making recommendations for ways to adjust to an environment that increasingly relies on the advances made in technology, and the capacity to use it to communicate through non-traditional means. This, along with current fiscal concerns, has forced the USPS into a position where it must consider all means of reducing costs. It is my goal, however, to make sure that all of my constituents have reasonable access to local post office branches. The USPS is still an institution on which we all rely. Because of its continued importance to you and me, my office is in weekly communication with the USPS to make sure that I and my staff are abreast of any and all decisions that will be made. My understanding is that the USPS decision making process with regard to closures will be a very thorough one, and possibly a time consuming one. In the meantime, please know that I am making every effort to ensure that my constituency continues to receive prompt and efficient service from the USPS. REFERRED TO THE COMMITTITTEE ON LEGISLATION FROM THE COMMISSIONER OF ASSESSMENT AND TAXATION NO. 14 HARBORVIEW PRESERVATION HOUSING DEVELOPMENT FUND COMPANY, INC. ACTION REQUESTED This Honorable Body's approval is hereby requested to grant a real property tax exemption to Harborview Preservation Housing Development Fund Company, Inc. and authorize Mayor Byron W. Brown to execute the Tax Abatement Agreement between the City of Buffalo and Harborview Preservation Housing Development Fund Company, Inc. upon the same material terms as that attached. AUTHORITY Article 11 of New York State Finance Law §577 provides that the local legislative body of any municipality in which a project of a housing development fund company is or is to be located may exempt the real property in such project from local and municipal taxes including school taxes, other than assessments for local improvements, to the extent of all or part of the value of the property included in the completed project. The tax exemption shall operate and continue for such period as may be provided by such local legislative body, but in no event for a period of more than forty years, commencing in each instance from the date on which the benefits of such exemption first became available and effective. BACKGROUND: Harborview Associates (the "Current Owner.") is the current beneficial owner of the Development, a 208 unit family apartment complex located on Seventh Street in Buffalo. Both the Current Owner and the Housing Company are affiliates of The Related Companies, Inc. ("Related"), the Development's long-time owner and manager. The Development was originally financed by the New York State Urban Development Corporation in conjunction with the U.S. Department of Housing and Urban Development, whereby the rents at the Development are affordable for low-income tenants. Related, founded in 1972, is a New York City-based leading developer and manager of affordable housing with a significant presence in Erie County, where we have acquired and rehabilitated several affordable housing projects. We place a high priority on developing, acquiring and preserving affordability for our tenants. Many of our buildings are in need of substantial upgrading and preservation in order to properly fill the needs of their tenants. The Development is no different. Due to the Development's age, many of the operating systems and amenity packages are out-of-date and in need of renovation. Accordingly, Related seeks to take advantage of a federal preservation program known as the Low Income Housing Tax Credit Program (the "LITC Pro-LQgL~-"), which will enable the Current Owner to sell the Development to a new entity, which will continue to be controlled and managed by Related, namely, Harborview Preservation, L.P. ("New Owner"), in order to complete a significant rehabilitation anticipated to be over $3,500,000, or $17,000 per unit. The New Owner will utilize tax-exempt bond financing to be issued by the New York State Housing Finance Agency ("NYSHFA") and equity generated by participation in the LITC Program to provide, among other things, financing for the necessary renovations. It is not anticipated that any tenants will be displaced. In addition, under the terms of the LITC Program and the regulatory requirements associated with the proposed NYSHFA financing, the Development's affordability is expected to be maintained beyond its current expiration date of 2021 until 2061, an additional forty (40) years. PROPOSAL: In order to obtain this necessary financing for the acquisition and rehabilitation of the Development and to further maintain the Development as affordable housing, an essential component will be the maintenance of the existing real property tax exemption from the City of Buffalo. The Development currently benefits from a tax exemption from the City for $3,840,000; the Development's assessed value, as listed on the City's 2009-2010 tax bill, is $4,000,000. The Development has benefited from an exemption since its initial construction 35 years ago. As the enclosed materials demonstrate, the Development's continued operations are dependent on it receiving an ongoing tax exemption from the City. The proposed NYSHFA financing is based on the assumption that the Development receives this same level of real property exemption for a term that coincides with the 35-year term of the proposed NYSHFA financing. In order to accomplish this, we propose that the Housing Company transfer its interest in the Development to the New Housing Company. Section 577 of Article XI empowers the Buffalo Common Council to grant a real estate tax exemption to the Housing Company for up to 40 years. Such an exemption would provide necessary financial support to the Development during the period it will be committed by the terms of the NYSHFA financing and the LITC Program requirements to remaining affordable to low-income residents. Moreover, it will allow the Development to be physically and mechanically improved to properly serve the needs of current and future residents. This is an opportunity for us to contribute to the reshaping of the Buffalo Waterfront in partnership with the City of Buffalo, local business, and the community. The rehabilitation, which would commence shortly following the closing of the financing, is currently anticipated to include, among other components, items such as complete elevator modernization; upgraded security system; new bathrooms; select new kitchens including energy star appliances, cabinets, flooring, counters, sinks, faucets and energy star lighting; window treatments; community room furnishings and fixtures; common area and exterior lighting; fagade restoration; landscaping and all new windows. CONCLUSION Attached for your review and approval is the proposed Tax Abatement Agreement. Pursuant to the terms of the Agreement an initial payment will be made to the City in the sum of $180,000. Thereafter payments will be made pursuant to the proposed payment schedule shown as "Exhibit B" and reflecting an annual increase of three percent (3%) for the proposed thirty-five (35) year duration of the Agreement. Thank you for your consideration of this matter. Mr. Fontana moved That the Council hereby approves the grant of a real property tax exemption to Harborview Preservation Housing Development Fund Company, Inc. and authorize Mayor Byron W. Brown to execute the Tax Abatement Agreement between the City of Buffalo and Harborview Preservation Housing Development Fund Company, Inc. upon the same material terms as that attached. PASSED AYES - 9 NOES - 0 NO 15 BRYANT AND HODGE STREETS SIGNS WITHIN CITY RIGHT OF WAY(NIA) Women and Children's Hospital of Buffalo, located at 219 Bryant Street has recently enacted a strict No Smoking policy on or near hospital grounds. This has resulted in hospital employees and others smoking in front of private residences on Bryant and Hodge Streets. Women and Children's Hospital has purchased signage to be installed in City Right of Way on said streets. This department has no objection to the installation of the signs within City Right of Way on Bryant and Hodge provided the following conditions are met: 1. That the abutting property owner has no objection to the placement of said sign. 2. That the signs be installed a minimum of 18 inches from the curb line. 3. That the sign installer notify Dig Safely New York (1-800-962-7962) two working days before installation as described in NYS Code 753. 4. That each individual property owner be responsible for maintenance of said sign as long as it remains within City Right of Way. REFERRED TO THE COMMITTEE ON LEGISLATION NO 16 BUS SHELTERS (7) WITHIN CITY ROW (VAR) Mr. Robert W. Gower, Manager of Service Planning for the Niagara Frontier Transportation Authority (NFTA), has requested permission to install seven bus shelters within City right-of-way. The proposed location is: • W. Chippewa St. @ Elmwood Ave., northeast comer • Bailey Ave. @ E. Delavan Ave., southwest comer • Niagara St. near School St., west side of street • Fillmore Ave. @ Sycamore St., southeast comer • Bailey Ave. near E. Amherst St., east side of street • Bailey Ave. near Genesee St., east side of street • E. Utica St. near Jefferson Ave., south side of street The Department of Public Works, Parks and Streets has reviewed the NFTA's request pursuant to Chapter 4 l 3-67 (Encroachment Regulations) of the City Charter and has no objection to Your Honorable Body authorizing the Commissioner of Public Works, Parks and Streets to issue a "Mere License" for said installation provided the following conditions are met: 1. That the applicant obtain any and all other City of Buffalo permits necessary for said installation. 2. That the bus shelters be installed exactly as shown on plans submitted to and approved by the Department of Public Works, Parks and Streets. 3. That the applicant be responsible for maintaining the bus shelters as long as they remain within City right-of-way. 4. That the applicant supply the City of Buffalo with a five thousand dollar construction in street bond or certificate of insurance which will indemnify and save harmless the City of Buffalo against any and all loss and damage arising out of the construction, maintenance, use and removal of said bus shelters. REFERRED TO THE COMMITTEE ON LEGISLATION NO 17 CHANGE IN CONTRACT SHEA'S PERFORMING ARTS CENTER EXTERIOR PAINTING JOB #0842 ELLICOTT DISTRICT I hereby submit to Your Honorable Body the Following changes for Shea’s Performing Arts Center, Exterior Painting, Color Tech Painting, C #93000459. 1. Remove and reinstall weather strip @ bottom of doors. Scrape Add $3,161.00 & clean rust at bottom edge of hollow metal doors and apply (1) prime coat and (2) finish coats of paint. Scrape and clean threshold rust and apply (2)prime coats and (1) finish coat of paint. Sandblast rust off of stair treads to enhance paint adhesion. The foregoing changes result in a net increase in the contract of Three Thousand One Hundred Sixty One and 00/10 Dollars ($3,161.00) Summary: Original Contract Amount $30,595.00 Amount of This Change Order (#1) Add $ 3,161.00 Revised Contract Amount $33,756.00 Costs have been reviewed by the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in 35321306 445100 –Division of Buildings Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated October 29, 2009, 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 Color Tech Painting, an increase in the amount of $3,161.00, as more fully described in the above communication, for work relating to Job No. 0842, Shea's Performing Arts Center, C #93000459. Funds for this project are available in 35321306 445100 - Division of Buildings. PASSED AYES - 9 NOES - 0 NO 18 CHANGE IN CONTRACT STREETLIGHT REPAIR CITYWIDE I PRIOR COUNCIL REFERENCE: Item #73 of CCP 4/1/08 I hereby submit to Your Honorable Body the following unit price additions to the contract for the above named project. This contract is to weld weakened light posts. Several more weakened light posts were found during project. This change order is necessary to repair the newly discovered damaged light posts. Contract Estimated Unit Bid Estimated Item Description Unit Quantity Price Cost 10.997.29 Streetlight Standard EA 125 $397.00 $49,625.00 Repair in Place Existing Contract Amount $208,425.00 Increase in Contract $ 49,625.00 Total Contract to Date $258,050.00 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 South Buffalo Electric, Inc. from the Capital Account 36632106-445100. Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated October 27, 2009, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue a change order, to South Buffalo Electric, Inc., an increase in the amount of $49,625.00, as more fully described in the above communication, for work relating to Streetlight Standard Repair in Place Citywide I, Group #681, C #93000164. Funds for this project are available in Capital Account 30032106-445100. PASSED AYES - 9 NOES - 0 NO 19 CITY OF BUFFALO SNOW PLAN 2009 - 2010 I hereby submit to Your Honorable Body the City of Buffalo Department of Public Works, Parks & Streets Snow Plan for 2009 - 2010 for your review and approval. The 2009-2010 Snow Plan Updates are listed below: New Equipment Ten (10) Plows/spreaders of which 5 are smaller to help with dead-end and island streets One (1) Heavy duty highlift for sale pile One (1) Regular highlift for plowing GPS Update One (1) New contract with Reltronics Technologies Twelve (12) Vehicles are being fitted with GPS units by the end of the week. Eighty (80) Vehicles will be completed before end of 2009. Two (2) Command centers (one at City Hall, and one at Broadway Garage which is under construction. Parking Updates No Parking 4PM Sun. to 4PM Wed. AND No Parking 4PM Wed. to 4PM Sun. TO No Parking 6PM Mon. to 6PM Thurs. AND No Parking 6PM Thurs. to 6PM Mon. REFERRED TO THE COMMITTEE ON LEGISLATION NO 20 PERM TO ENGAGE SERV OF CONSULTING ENG-HIGH SERVICE PUMPS-COLONEL WARD Permission to engage services of Consulting Engineer for the New High Service Pumps at Colonel Ward Ellicott PRIOR COUNCIL REFERENCE: Item No. 22, C.C.P. 07/21/09 I respectfully request that Your Honorable Body authorize the Department of Public Works, Parks and Streets to grant permission to hire CRA Infrastructure and Engineering, Inc. to provide the remainder of the design and bid phase for the implementation of new high service pumps at the Colonel Ward Treatment Complex. The project involves the design and implementation of two (2) new 20 million gallons per day (MGD) pumps. The new pumps will enable the Division of Water to meet system demand in more efficient manner by providing more pumping flexibility. The energy saving associated with this project is approximately $400,000 per year. This project is also being considered for funding through the New York State Environmental Facilities Corporation Green Innovation Grant program. The funding requested for this project will be approximately $7,700,000, of which the Green Innovation Grant Program provides up to 90% of the costs. The project must be ready to go to receive this funding and this will allow the Division of Water to complete the design and bid the project to meet the time requirements. The costs for consulting services are estimated not to exceed $300,000.00. The funds are available in a Division of Water accounts 53210726 445100, 53150616 445100, and 53200706 445100. This item was previously approved. The following accounts has been added to this communication: 53150616 445100 and 53200706 445100. Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated October 29, 2009 be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to hire CRA Infrastructure and Engineering, Inc. to provide the remainder of the design and bid phase for the implementation of new high service pumps at the Colonel Ward Treatment Complex, estimated not to exceed $300,000.00. Funds for this project are available in a Division of Water accounts 53210726 445100, 53150616 445100 and 53200706 445100. PASSED AYES - 9 NOES - 0 NO 21 PERMISSION TO ENTER INTO AGREEMENTS WITH FHWA, FTA, NYSDOT, NFTA AND BUFFALO PLACE FOR THE DESIGN AND CONSTRUCTION OF MAIN STREET - 600 BLOCK - TUPPER TO HURON STS. ELLICOTT DISTRICT The Federal Highway Administration (FHWA) have designated $11.2M for the design, construction and construction inspection of the 600 Block of Main Street. This project is listed on the New York State Regional Transportation Improvement Program (TIP) under PIN 5822.12. In order to move this project forward, this Department is requesting that Your Honorable Body authorize the Mayor and/or this Department to enter into all necessary agreements with the FHWA, FTA, NYSDOT, NFTA and Buffalo Place. These agreements would enable this Department to administer this project and will cover all necessary work needed to complete the design, construction, and inspection of this project. Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated November 4, 2009 be received and filed; and That the Mayor be, and he hereby is authorized to enter into all necessary agreements with the FHWA, FTA, NYSDOT, NFTA and Buffalo Place for the design, construction, and inspection of Main Street - 600 block - Tupper to Huron Streets; provided that each agreement with contractors for the project come before the Common Council for its review and approval prior to execution. PASSED AYES - 9 NOES - 0 NO 22 PERMISSION TO ENTER INTO AGREEMENT W/NYSDOT PROVIDE MATCHING FUNDS ERIE CANAL HARBOR STREETS PHASE I-COMMERCIAL STREET PIN 5755.04 FILLMORE DISTRICT Permission is requested from Your Honorable Body to authorize the Mayor of the City of Buffalo to enter into all necessary agreements with New York State Department of Transportation (NYSDOT) to Administer, design, bid and construct streetscape improvement included in the Erie Canal Harbor Street, Phase I- Commercial Street. In addition, Permission is requested for the City to commit funding necessary for first instance costs and all related federal and non-federal shares of project costs. The City of Buffalo's share of costs for this project is anticipated to be 5%. Costs estimated for the work, including engineering are $1.72 million dollars. The City's share of costs will be available in our Capital Account for Local Match Reserve or a Bond Fund established for this purpose. Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated November 4, 2009 be received and filed; and That the Mayor be, and he hereby is authorized to enter into all necessary agreements with New York State Department of Transportation to administer, design, bid and construct streetscape improvement included in the Erie Canal Harbor Street, Phase I -Commercial Street, PIN 5755.04. Funds are available in Capital Account for Local Match Reserve or a Bond Fund established for this purpose. PASSED AYES - 9 NOES - 0 NO 23 PERM TO HIRE CONSULTANT AND ENTER AGMT FHWA AND NYSDOT – SENECA ST (SOUTH) Permission to Hire a Consultant and Enter into Agreements with FHWA and NYSDOT for the Design, Inspection and Construction of Seneca Street between Hayden Street and Indian Church Rd. City of Buffalo, County of Erie South District The Federal Highway Administration (FHWA) have designated $1.162M for the design, construction and construction inspection of Seneca Street between Hayden Street and Newman Place. This project is listed on the New York State Regional Transportation Improvement Program (TIP) under PIN #5759.45. In order to move this project forward, this Department is requesting permission to take proposals and hire an Engineering Consultant for the design and inspection of this project. It is also necessary for Your Honorable Body to authorize the Mayor and/or this Department to enter into all necessary agreements with the FHWA and NYSDOT. These agreements would enable this Department to administer this project and will cover all necessary work needed to complete the design, inspection and construction of this project. Mr. Fontana moved: That the above communication from the Commissioner of Public Works, parks and Streets dated October 29, 2009 be received and filed; and That the Mayor be, and he herby is authorized to enter into all necessary agreements with the FHWA and NYSDOT for the design, inspection and construction of Seneca Street and Indian Church Road; provided that each agreement with contractors for the respective phases of the project come before the Common Council for its review and approval. PASSED AYES - 9 NOES - 0 NO 24 PERM TO INCREASE CONSULTANT CONTRACT – PORTER AVE STREETSCAPE (NIA) Permission to Increase Consultant Contract Wendel Duchscherer Architects & Engineers Porter Avenue Streetscape Project Contract # 92010680 Niagara District I hereby submit to your Honorable Body the following change for this contract. Wendel Duchscherer Architects & Engineers is the engineering consultant for reconstruction of Porter Avenue between Niagara Street and Amvets Dr. This increase is necessary for additional services related to design and construction inspection for during construction phase of the project. The increase in contract is due to extending length of the project from New York State 1-190 Bridge to Niagara Street. Original Contract Amount: $706,468.00 Previous Change Order: $343,554.00 This Change Order: $ 92,272.00 Total: $1,142,294.00 I certify that this increase is fair and equitable for the work involved and respectfully request that your Honorable Body approve the subject change order and authorize the Commissioner of Public Works. Parks and Streets to issue said increase for $92,272.00 This is a Federal and State funded project with City's share of 20%. The funds are available in capital project account # 33556506-445500. Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated November 4, 2009, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue a change order, to Wendel Duchscherer Architects & Engineers, an increase in the amount of $92,272.00, as more fully described in the above communication, for work relating to Contract #92010680. Funds for this project are available in capital project account #33556506-445100. PASSED AYES - 9 NOES - 0 NO 25 REDUCTION IN RETENTION-MICHIGAN AVE CORRIDOR REHAB (ELL) Reduction in Retention Michigan Avenue Corridor Rehabilitation C. Destro Development Co., Inc. Ellicott District This is to request from your Honorable Body for authorization of a reduction in the retention for the Michigan Avenue Corridor Rehabilitation project. This project is virtually complete with exception of finish asphalt top course. The contractor was prevented from finishing the project due to National Grid project that scheduled to start early next year for construction of a new duct bank to supply electrical power to the Buffalo Niagara Medical Campus. Therefore, I am requesting your honorable Body's authorization Commissioner of the Public Works, Parks and Street to reduce the retention on this contract from 5% to 1%. It is the opinion of this Department that the retention proposed is sufficient to guarantee completion of this contract. Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated November 6, 2009, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to reduce the retention from 5% to 1% to C. Destro Development Co., Inc. for construction of a new duct bank to supply electrical power to the Buffalo Niagara Medical Campus, Michigan Avenue Corridor Rehabilitation. PASSED AYES - 9 NOES - 0 NO 26 REPORT OF BIDS CITY HALL EMERGENCY GENERATOR JOB #0946 ELLICOTT DISTRICT I advertised for on September 03, 2009, and received the following formal sealed bids for City Hall, Emergency Generator, which were publicly opened and read on October 6, 2009. CIR Electrical $165,900.00 400 Ingham, Buffalo, NY Frey Electric $208,000.00 100 Pearce, Tonawanda, NY Tunney Electric $227,800.00 8565 Roll, Clarence Ctr, NY Wittburn Enterprises $285,100.00 P 0 Box 1122, Buffalo, NY Weydman Electric $321,960.00 747 Young, Tonawanda, NY I hereby certify that the foregoing is a true and correct statement of all bids received and that CIR Electrical, with a bid of One Hundred Sixty Five Thousand Nine Hundred and 00/100 Dollars ($165,900.00) is the lowest responsible bidder in accordance with the plans and specifications. I recommend that Your Honorable Body authorize the Commissioner of Public Parks, Parks & Streets to order the work on the basis of the low bid. Funding for this project is available in 24490627 474100 - MIS. Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated October 29, 2009, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to award a contract for the Emergency Generator, Job #0946, to C1R Electrical, the lowest responsible bidder, in the amount of $165,900.00. Funds for the project are available in 24490627 474100-MIS. PASSED AYES - 9 NOES - 0 NO 27 REPORT OF BIDS DISTRICT HEAT ECONOMIZER REPLACEMENT (ELL) I advertised for on September 22, 2009 and received the following sealed formal bids for District Heat, Economizer Replacement, which were publicly opened and read on October 15, 2009. Colgate Heating Corp. $54, 880.00 142 Colgate, Buffalo, NY Mollenberg Betz, Inc. $56,159.00 300 Scott, Buffalo, NY Fred’s Welding & Mech. $58,690.00 14 Louisen, Buffalo NY I herby certify that the foregoing is a true and correct statement of all bids received and that Colgate Heating Corp., with a bid of Fifty Four Thousand Eight Hundred Eighty and 00/100 Dollars ($54, 880.00) is the lowest responsible bidder in accordance with the plans and specifications. I recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to order the work on the basis of the low bids. Funding for this project is available in 32320806-445100 Buildings. Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated October 30, 2009, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to award a contract for District Heat, Economizer Replacement, Job #0951, to Colgate Heating Corp., the lowest responsible bidder, in the amount of $54,880.00. Funds for the project are available in 32320806-445100 -Buildings. PASSED AYES - 9 NOES - 0 NO 28 REPORT OF BIDS FIRE HEADQUARTERS EMERGENCY GENERATOR (ELL) I advertised for on September 3, 2009 and received the following sealed bids for Fire Headquarters, Emergency Generator, which were publicly opened and read on October 6, 2009. Base Bid Alt. #1 CIR Electrical $ 93, 300.00 $ 63,600.00 400 Ingham, Buffalo, NY Frey Electric $ 95,288.00 $ 84,000.00 100 Pearce, Tonawanda, NY Tunney Electric $ 115,800.00 $ 84,600.00 8565 Roll, Clarence Ctr, NY Wittburn Enterprises $ 133,700.00 $ 68,775.00 P O Box 1122, Buffalo, NY Weydman Electric $ 144,450.00 $ 101,900.00 747 Young, Tonawanda, NY Alternate # : Move old generator from Fire Headquarters to Police Headquarters. I certify that the foregoing is a true and correct statement of all bids received and that ClR Electrical, with a Base Bid of $93,300.00, add Alternate #1 for $63,600.00, for a total bid price of One Hundred Fifty Six Thousand Nine Hundred and 00/100 Dollars ($156,900.00), is the lowest responsible bidder in accordance with the plans and specifications. Funding for this project is a available in 39320406 445100 - Division of Buildings. Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated October 29, 2009, be received and filed, and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to award a contract for Fire Headquarters, Job #0948, to CIR Electrical, the lowest responsible bidder, with a Base Bid of $93,300.00, add Alternate #1 for $63,600.00, for a total amount of $156,900.00. Funds for the project are available in 39320406 445100 - Division of Buildings. PASSED AYES - 9 NOES - 0 NO 29 REQUEST TO PURCHASE EQUIPMENT 1. (10) Reversible Plow 10' TE Heavy Duty Trip Edge Blades (10 Degree Angle) Model #S75490-R1042TE $ 69,630.00 (Existing Contract 7386) Total $ 69,630.00 Funds for these will come out of 38300106-445100 Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated October 29, 2009, be received and filed; and That the Commissioner of Public Works, Parks and Streets and the Director of Purchase are hereby authorized to purchase the (10) Reversible Plow, for $69,630.00, as more fully described in the above communication. Funds for the purchase are available in 38300106-445100. PASSED AYES - 9 NOES - 0 NO 30 SENECA STREET RECONSTRUCTION PERMIT I hereby request from Your Honorable Body permission to allow the City of Buffalo Department of Public Works, Parks & Streets to issue a right-of-way work permit to Larkin in which Larkin will be providing funding for work commencing in City right-of-way. All work will be designed and completed to City specifications with final plans being approved by the City Engineer. Please authorize issuance of permit and authorize the Commissioner of Public Works, Parks & Streets to accept the project on behalf of the City of Buffalo upon determination of satisfactory completion. Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated October 29, 2009, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be and hereby is authorized to issue a right-of-way work permit to Larkin and authorizes the Commissioner to accept the project on behalf of the City of Buffalo upon determination of satisfactory completion. Copy available for review in the City Clerks Office PASSED AYES - 9 NOES - 0 FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO. 31 CERTIFICATE OF APPOINTMENT Appointment effective October 30, 2009 in the Department of Public Works, Parks and Streets to the position of Dispatcher, Permanent at the Fourth Step of $36,095.00 Joseph P. Coughlin, 89 Edgewood Avenue, Buffalo, NY 14220 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 32 CERTIFICATE OF APPOINTMENT Appointment Effective: October 26, 2009 in the Department of Public Works, Parks and Streets to the Position of Heavy Equipment Operator, Permanent at the Intermediate salary of $37,652.00 Dale M. Maundy, 16 Wheelock Street, Buffalo, NY 14206 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 33 CERTIFICATE OF APPOINTMENT Appointment Effective: October 27, 2009 in the Department of Public Works, Parks and Streets to the Position of Sr. Account Clerk Typist, Provisional at the Maximum salary of $35,028.00 Madalene Merkl, 146 Downing St, Buffalo, NY 14220 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO 34 CERTIFICATE OF APPOINTMENT Appointment Effective: November 5, 2009 in the Department of Public Works, Parks and Streets to the Position of Truck Driver, Permanent at the Intermediate salary of $33,418.00 Jerry Chapman, 436 Langfield Drive, Buffalo, NY 14215 Antoinette N. Cunningham, 288 Hemstead Avenue, Buffalo, NY 14215 Carmen T. Pace, 230 Tacoma Avenue, Buffalo, NY 14216 Kenneth N. Pitts, 7 Highview Court, Buffalo, NY 14215 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 35 CERTIFICATE OF APPOINTMENT Appointment Effective: November 5, 2009 in the Department of Public Works, Parks and Streets to the Position of Truck Driver, Permanent at the Maximum salary of $35, 955 Sean F. Carney, 3940 Clinton St., West Seneca, NY 14224 Joseph J. Fiorella, 393 Porter Ave, Buffalo, NY 14201 Shannon V. Long, 51 Schutrum Street, Buffalo, NY 14212 Gregory R. Wagner, 16 Augusta Street, Buffalo, NY 14220 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF POLICE NO. 36 PERMISSION TO ACCEPT VARIOUS GRANTS AWARDED TO DEPARTMENT LISTED BELOW AND APPROVAL FOR APPROPRIATE 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. 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, therefore, we would appreciate your approval at the next meeting. NYS MOTOR VEHICLE THEFT/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 01-01-10 through 12-31-10. The grant award will be a maximum of awarded $125,600 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, equipment (air card) overtime expenditures for sworn personnel involved in regional auto theft task force efforts. 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 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, 2010. 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 checks 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 fines. 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, which in turn will then be prorated between $25,000 and $75,000, 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. OPERATION IMPACT VI - The Buffalo Police Department is respectfully asking for authorization for the City to accept funds, totaling $821,030, from the NYS Division of Criminal Justice Services as part of Operation Impact Year 5 covering the grant period of 7/I/09 through 6/30/10. 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 $821,030; 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; a Field Intelligence Detective assigned to Erie Crime Analysis Center; 2 Report Technician Salaries/Fringes; the Salary/Fringes of a Crime Analyst; Overtime for Tactical/Strategic/Planning Operations, including sub-agreement partnership with border suburbs; Overtime for specific city neighborhood Directed Patrols and Domestic Violence orders of protection/sex offender registration; community service projects (St Brigid/Columba, Police Explorers, OMEGA Youth Mentoring) 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 SWAT Tactical Body Armor Vests, tracs printers/scanners, mobile data computer terminals; recording equipment (i.e., cameras)/monitors, and GIU computer; training and staff development funding; utility services involved with the installation of air cards within patrol vehicles for tracs system. GOVERNOR'S TRAFFIC SAFETY (YEAR 14) - Once again, the City Buffalo has applied for renewal grant funding under the Governor's Traffic Safety Grant Program through our participation with the County of Erie's Governor's Traffic Safety Regional Planning Committee. The expected grant award will range between $32,000 to $40,000. Through this project, a heavy emphasis is being placed on general safety by addressing speed enforcement, cell phone/texting, and aggressive driving behaviors that have been determined regionally by this committee as a major problem (whereby the City of Buffalo is represented, as are the surrounding suburbs). Under this year's grant, we have requested reimbursement for overtime for the Traffic/Accident Investigation Unit to specifically pursue and address speeding/aggressive driving behaviors in identified trouble spots. Also this year, we h asked for funding to purchase (2) new radar guns and (2) new laser due to the fact that our current equipment is old and too costly to repair. Again, there is no City Match attached to this grant. We are asking for an interfund cash loan in the amount of the $10,880 for these radar/laser guns, since it is a non-personnel expenditure until such time that reimbursement is secured from the State. The interfund loan would then be repaid from the reimbursement that is sent to the City from the State under this grant project. URBAN AREA SECURITY INITIATIVE (UASI) YEAR 7/2009 FUNDING As you are aware, the City of Buffalo, County of Erie, and Niagara County have been awarded grant funds for a sixth (7th) year (2009 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. This year, the Buffalo UASI had one of the country's highest rating scores on their UASI grant investment justification submission, (only 2 nationwide, us and San Diego), which resulted in an increase of funding over the last couple years. 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. Buffalo's share of these grant dollars will continue to fund the City's overall homeland security coordination, interoperable communications equipment for both Police/Fire (including a communications vehicle for onsite dispatch), citizen preparedness activities and training, security equipment upgrades (hazmat monitoring equipment, urban/search rescue team equipment) critical infrastructure reinforcement within City facilities (including cameras, building/floor plan access/consolidation), training/exercise funds supporting national priorities as well as joint multi-discipline efforts, 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. TEXT CONTINUATION: (TYPE SINGLE SPACE BELOW) 2009 COPS TECHNOLOGY GRANTS ($450~000) - Due to the diligent efforts of City management working closely with our State and Federal leaders in asking for 2009 federal ear-marked appropriations, the City of Buffalo Police Department has been the fortunate recipient of the following COPS Technology Grant: "~ $450.000 - To purchase a 2gunshot location system and related software, which will interface with our city-wide anti-crime video surveillance system as we respond to the community's need for safety, especially when it comes to gunfire and shootings within the Buffalo metro area. The planned area for this equipment will be on the City's West Side (2008 funding putting same system on City's East Side). The "shot spotter" has the ability to interact with existing camera surveillance, and in order to further protect the community, to support local law enforcement efforts for combating gun crime, and for analyzing the true extent of gun crime in an affected area, the "shot spotter" will enhance Buffalo Police's response to gun calls, potentially saving the life of victims, and even stepping up our chances for making an arrest. We will be able to purchase a system that covers one square metro mile. The gunshot detection system will consist of a minimum of three (3) specialized wireless sensors, which are equipped with up to four (2) small microphones in order to cover the one square metro area, as well as GPS software and spatial filters. Again, these funds will greatly benefit our community and bodes well for the City-at- large. DOMESTIC VIOLENCE STIMULUS GRANT - As part of a competitive process with the State's Division of Criminal Justice Services, the City of Buffalo, through its Police Department, as awarded $85,000 as part of the American Recovery and Reinvestment Act of 2009 under the Violence Against Women Formula Grant Program. This funding will increase specialized intervention services for domestic violence victims seeking shelter in Buffalo City Mission's Cornerstone Manor by reinstating (2) counselor staff positions that were removed from their budget due to Buffalo's economic conditions. This effort, which will take place through a sub-agreement with Cornerstone Manor, will intensify emergency services for domestic violence victims and their families. In addition, Cornerstone Manor will be utilized as an immediate shelter placement when Haven House and other domestic violence service providers are at capacity, or when law enforcement or other community crisis responders need instantaneous and urgent placement. 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 (approximately $50,709.75) on 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 $67,613. 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 (approximately $16,903); High Intensity Drug Traffic Areas (approximately $16,903); New York State Police "Spider" Operations through Department of Homeland Security (amount varies annually); joint Organized Crime Drug Enforcement Task Force Operations with both the DEA and FBI (amount varies annually); and Police Lifesaver Patrols (approximately $8,000). In addition, Buffalo Police will be reimbursed a maximum of $10,000 under New York State's Division of Criminal Justice discretionary member items. Again, we are asking for permission for the Mayor to accept all of this funding, and in addition, and where applicable, authorization for an interfund 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 that is always not possible, and as a result, we find ourselves in a position of having to process things, such as this request, extremely quickly in order to follow 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 Inspector Joseph Strano at 851-4879 or Captain Mark Makowski at 851-5643. Thank you for your immediate attention to the above. Mr. Fontana moved: That the above communication from the Commissioner of Police dated October 28, 2009, be received and filed; and That the Mayor be, and he hereby is authorized on behalf of the City to enter into all contracts as listed in the above communication. That the Comptroller be, and he hereby is authorized to provide an interfimd cash loan for all non-personnel expenses, until such reimbursements are secured by the funding sources, as listed in the above communication. PASSED AYES - 9 NOES - 0 NO. 37 REQUEST PERMISSION TO DONATE OUT-OF-SERVICE POLICE RADIOS TO BMHA The Buffalo Police Department has replaced Motorola HT1000 portable radios with Motorola XTS 1500. The Motorola HT 1000 radios are outdated, replacement parts are difficult to obtain, and the radios are no longer of any use to the Buffalo Police Department. Dawn Sanders, Executive Director of the Buffalo Municipal Housing Authority has expressed a need for this equipment and is requesting the donation of 25 HT1000 radios for the use of Maintenance staff of BMHA. Buffalo Fire Radio will reprogram these radios to another frequency, exclusively dedicated to BMHA maintenance. BMHA will not be able to transmit or receive Buffalo Police transmissions. The BMHA will retain ownership of the used equipment and will assume all liability for its use until such time as it is destroyed or is totally unusable. Mr. Fontana moved: That the above communication from the Commissioner of Police dated October 19, 2009, be received and filed; and That the Commissioner of Police and the Director of Purchase be, and they hereby are authorized to donate the above listed radios to the Buffalo Municipal Housing Authority. PASSED AYES - 9 NOES - 0 FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT & INSPECTION SERVICES NO. 38 FOOD STORE (NEW) 2075 DELAWARE (DELAWARE) Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 2075 Delaware (Delaware Mart Inc.) and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collection Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Mr. Fontana moved: That the above communication from the Department of Economic Development, Permit and Inspections Services dated November 5, 2009, be received and fried; and That pursuant to Chapter 194 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services be, and he hereby is authorized to grant a Food Store License to Joga Singh d/b/a Delaware Mart Inc. located at 2075 Delaware. PASSED AYES - 9 NOES - 0 NO. 39 FOOD STORE (NEW) 2154 GENESEE (LOVEJOY) 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 2154 Genesee (Things on the Spot) 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. 40 LODGING HOUSE LICENSE (BED & BREAKFAST) Pursuant to Chapter 254 of the City of Buffalo Ordinances please be advised that I have examined the attached application for a Lodging House License (Bed & Breakfast) located at 110 Moreland and find that as to form is correct. I have caused an investigation into the premises for which said application for a Lodging House(Bed & Breakfast) license is being sought and according to the attached reports from the Zoning Office, Fire Department, Police, 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 Miuka Hall. The attached thereto for Minka Hall d/b/a The Moreland Guest House. This request is submitted for your approval or whatever action you deem appropriate. Mr. Fontana moved: That the above communication from the Department of Economic Development, Permit and Inspections Services dated November 1, 2009, be received and filed; and That pursuant to Chapter 269 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services be, and he hereby is authorized to grant a Lodging House License to Minika Hall d/b/a The Moreland Guest House located at 110 Moreland. PASSED AYES - 9 NOES - 0 NO. 41 RESTAURANT DANCE LICENSE (RENEWAL) 274 DELAWARE AVE (NORTH) Pursuant to Chapter 150 of the City of Buffalo Ordinances, please be advised that I have caused an investigation into the premises located at 274 Delaware Avenue for which said renewal application fbr a Restaurant Dance Class IV license is being sought by Andrew Munro 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. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 42 RESTAURANT DANCE CLASS III 47EAST MOHAWK ST (WEST) Pursuant to Chapter I50 of the City of Buffalo Ordinance please be advised that I have examined tile attached application for a Restaurant Dance Class III License located at 47 East Mohawk Street and find that as to lbun is correct. I have caused an investigation into the premises for which said application for a Restaurant Dane,,," 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 Scott Leary. The attached thereto for The Mohawk Place (dba Mohawk Inc.) This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION. CITY CLERK NO 43 BD OF ETHICS-NOMINATION FOR BOARD – DR. E. PATERSON, R. SULLIVAN Councilmembers: Please be advised that the following nominations were recommended to the Mayor for approval by the nominating committee on July 30, 2009, however according to Section 12-19 of the Code of Ethics, "in the event that the Mayor fails to act within 45 days, the Council shall act on the nominations". The Board of Ethics kindly asks that the Council approve the following recommendations: 1) As per Section 12-19, the Board of Ethics asks the Council to approve the reappointment of Dr. Eleanor Paterson to serve as a Board of Ethics Member commencing on November 1, 2009. She will serve a 5- year term expiring on October 31,2014. 2) As per Section 12-19, the Board of Ethics asks the Council to approve the reappointment of Richard Sullivan to serve as a Board of Ethics Member commencing on November 1,2009, serving a 5- year term which expires on October 31, 2014. I am hereby asking the Council to approve the above listed reappointments in order that these members may continue to serve on behalf of the City of Buffalo and the Board of Ethics Committee. Respectfully, Douglas Coppola, Esq. Chairman REFERRED TO THE COMMITTEE ON LEGISLATION AND THE DIVISION OF COLLECTIONS NO 44 ITEMS RETURNED TO CITY CLERKS BY MAYOR WITHOUT APPROVAL OR DISAPPROVAL I hereby inform you that the following Items which were passed by the Common Council on October 28, 2009 No 4, C.C.P. Oct 28, 2009 - To Approve The Memorandum of Agreement Between the BMHA and Local 264, Blue Collar Unit, and Resolution No. 09.10.19.1 No 6, C.C.P. Oct 28, 2009 - To Approve The Memorandum of Agreement Between the BMHA and Local 264, Managerial Unit, and Resolution No. 09.10.19.3 No 8, C.C.P. Oct 28, 2009 To Approve The Memorandum of Agreement Between the BMHA and Local 264, White Collar Unit, and Resolution No. 09.10.19.2 Were presented to the mayor on October 28, 2009 and returned to the City Clerk on November 9, 2009 without approval or disapproval Respectfully submitted, Gerald A. Chwalinski City Clerk RECEIVED AND FILED NO 45 LEAVES OF ABSENCE WITHOUT PAY I transmit herewith notifications received by me, reporting the granting of the leaves of absence without pay, in the various departments as listed: Comptroller- Nataliya Zingorenko RECEIVED AND FILED. NO 46 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 October 15, 2009 in the Department of Public Works, Parks & Streets Division of Buildings to the Position of Senior First Class Stationary Engineer Temporary Appointment Flat Starting Salary of $15.00 Edward Olczak, 712 Main Street, Apt 318, Buffalo 14202 Certificate of Appointment Appointment Effective October 18, 2009 in the Department of Public Works, Parks & Streets Division of Buildings to the Position of Senior First Class Stationary Engineer Temporary Appointment Flat Starting Salary of $15.00 Mark Overfield, 320 Fenton St, Buffalo 14206 Certificate of Appointment Appointment Effective October 20, 2009 in the Department of Public Works, Parks & Streets Division of Buildings to the Position of Senior First Class Stationary Engineer Temporary Appointment Flat Starting Salary of $15.00 Andrew Krawchuk, 427 Forest Avenue, Buffalo 14213 Dennis Schollar, 39 Shenandoad Rd, Buffalo 14220 Certificate of Appointment Appointment Effective October 21, 2009 in the Department of Public Works, Parks & Streets Division of Buildings to the Position of Senior First Class Stationary Engineer Temporary Appointment Flat Starting Salary of $15.00 Lawrence L. Doctor Jr., 29 Boone St, Buffalo 14220 Certificate of Appointment Appointment Effective October 23, 2009 in the Department of Public Works, Parks & Streets Division of Buildings to the Position of Senior First Class Stationary Engineer Temporary Appointment Flat Starting Salary of $15.00 John P. Scanlon, 201 Cumberland Avenue, Buffalo 14220 Certificate of Appointment Appointment Effective October 26, 2009 in the Department of Public Works, Parks & Streets Division of Buildings to the Position of Senior First Class Stationary Engineer Temporary Appointment Flat Starting Salary of $15.00 William C. Gallagher, 194 Culver Road, Buffalo 14220 Certificate of Appointment Appointment Effective October 26, 2009 in the Department of Public Works, Parks & Streets Division of Buildings to the Position of Superintendent of Street Sanitation Permanent Promotion Minimum Starting Salary of $40,505 Timothy W. Eckstein, 106 Eckhert St, Buffalo 14207 Certificate of Appointment Appointment Effective October 26, 2009 in the Department of Community Services & Recreational Programming Division of Contract Administration to the Position of Human Resource Planner Provisional Open-Competitive Minimum Starting Salary of $41,021 Willie Morris, 59 Glenwood Avenue, Buffalo 14208 NON-OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON-OFFICIAL COMMUNICATIONS NO 47 EC LEGISLATOR-B. MILLER-WILLIAMS OPPOSED PLANS TO CUT PRIMARY HEALTH CARE AT CITY CLINICS COUNTY LEGISLATOR MILLER-WILLIAMS OPPOSES PLANS TO CUT PRCIMARY HEALTH CARE SERVICES AT CITY CLINICS Erie County Legislator Barbara Miller-Williams (D-Buffalo, 3rd District) is opposing the reduction of health and medical services offered at two sites in her district due to proposed service cuts in the county executive's 2010 budget plan. Legislator Miller-Williams expressed deep concern that the county executive's budget proposes to no longer provide primary health care services to her constituents and other county residents at the Jesse E. Nash Health Care Center and Pediatrics, at 608 William Street, and the Dr. Matt Gajewski Human Services Center, at 1500 Broadway, the county's only two remaining health clinics. The Jesse Nash Health Care Center offers women's health services, family planning (including free family planning services to those who qualify), GYN and prenatal services, dental and mental health services, the latter through Mid-Erie Counseling and Treatment Services, to low-income women and teens. All health insurances are accepted, and free family planning services can be received by anyone meeting income requirements through the Family Planning Benefit Program. The Dr. Matt Gajewski Human Services Center offers primary care, including adult medicine, pediatrics, podiatry and women's health care services and free family planning services for those who qualify. All health insurances are accepted, and free family planning services can be received by anyone meeting income requirements through the Family Planning Benefit Program. The county executive has proposed to transfer these non-mandated clinical services to the Sheehan Health Network of Buffalo. Legislator Miller-Williams noted that the patients, community and the Ellicott Neighborhood Advisory Council are opposed to this change due to many years of success these centers have had reaching out to thousands of clients living nearby. "This reduction of health and medical services is targeting those people who are most in need of such services and whose voices need to be heard loud and clear by the administration," Legislator Miller-Williams said. "Senior citizens and people of lower economic status have fewer alternatives for their health care, and this action will further reduce them." "Senior citizens, who have worked hard their entire lives, are now being told that they have to find a new facility to receive some or all of their medical care, and they will have to find transportation to get them there," Legislator Miller-Williams added. "People have been utilizing the services at these clinics for over 10 years, and should not have this important part of their lives uprooted. The county budget should not be balanced on the backs of the people seeking health care at these clinics. I will fight to keep these services available to the people who need and deserve them." RECEIVED AND FILED NO 48 INTERNATIONAL BROTHERHOOD OF ELEC WKRS-QUALIFIED INSTALLERS OF MUNICIPAL SOLAR ELECTRIC SYSTEMS Dear Councilman LoCurto: It has come to our attention that a local public body recently contracted with Solar Liberty Energy Systems, Inc. ("Solar Liberty") to install solar panels on the three (3) municipal buildings. Based on the mistaken assumption that Solar Liberty was the sole contractor/vendor capable of performing the project, the contract was let without competitive bidding, in clear violation of General Municipal Law, Section 103. That assumption, to wit, that Solar Liberty is sole installer capable of performing such work is categorically false. For starters, the most rigorous certification standards applicable to this work are set by the North American Board of Certified Energy Practitioners ("NABCEP"). According to the latest posting on NABCEP's website, Solar Liberty, unlike many other solar installers, is not certified by the NABCEP. On the other hand, O'Connell Electric Company, a major Western New York Electrical Contractor, is NABCEP certified (as are at least 20 other contractors, both union and non- union). Moreover, by virtue of NABCEP's certification, these installers also are deemed eligible to participate in the New York State Energy Research and Development Authority’s ("NYSERD") Solar Electric Incentive Program, thereby making these installer's public customers eligible for State financial assistance. If you decide to "go solar" (and we truly hope you do), we respectfully request that you consider the experience and training of the respective bidders. Solar Liberty has been in business for a mere six years and did not perform its first installation until 2005. O'Connell Electric has been in business 100 years. Frey Electric has been in business over 60 years. Both firms, indeed all union contractors, draw their technicians from Local 41's five-year apprenticeship program. That program devotes substantial time to the training of solar panel installation. The courses we teach were developed in conjunction with Jim Dunlop P.E., an international expert in photovoltaics. For its part, Solar Liberty gets its technicians from various sources including, among others, the website www.monster.com. Our point here is that any claim that Solar Liberty is this area's sole provider of solar panel installations is false in every respect. We urge you to access www.powernaturally.org to view those firms that are certified to perform this work and most importantly, have attained the preeminent industry certification from the NABCEP (which Solar Liberty has not). General Municipal Law Section 103, which requires competitive bidding for these types of contracts, is intended to conserve the public rise. The absence of competitive bidding will surely result in injury to the taxpayers you represent. Many firms have broad experience in this market and should not be excluded based on false assumption that Solar Liberty has no qualified competitors. Indeed, there are many firms, both union and non-union, that are more qualified than Solar Liberty given that company's lack of NABCEP certification. Thank you for your attention to our concerns and if any questions remain, please do not hesitate to contact me. Very truly yours, Anthony S. Coppola Business Manager Financial Secretary REFERRED TO THE COMMITTEE ON FINANCE & CORPORATION COUNSEL NO 49 D. JACKSON-PERMISSION TO ADDRESS BURA COMMITTEE ON BEHALF OF CRUCIAL Dear Chairman Fontana: My name is Darnell Jackson. I am the current President of the Board of Directors of C.R.U.C.I.A.L. Human Services, Inc. At this time, I am requesting permission to address the BURA Committee at tomorrow's meeting (11/lO/2OO9) regarding a very important situation dealing with C.R.U.C.I.A.L. Please accept this request as late filing to appear before the committee. I can be reached at 716-570-9165 with any questions or concerns. Thank you for your consideration. Respectfully, Darnell Jackson President REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO 50 NYSDEC-REPORT OF CLEAN UP-NIAGARA AND PENNSYLVANIA SITE Report on Environmental Investigation and cleanup Activities at Niagara Street and Pennsylvania Avenue Site Available for Review Brownfield Cleanup Program Project No. C915223 Introduction The New York State Department of Environmental Conservation (DEC) requests public comment on a report about environmental investigation and cleanup activities at the Niagara Street and Pennsylvania Avenue site (the Site) in Buffalo. The report describes the specific investigation techniques, findings, and corrective actions taken to address petroleum contamination at the site. The report, called the Remedial Investigation/Alternative Analysis / Interim Remedial Measure (RI/AAR/IRM) Report, is available for public review at the locations listed in this fact sheet and the DEC website (see opposite page for web address). Written comments on the report will be accepted from October 30 until December 13, 2009 and can be sent to the project manager at the address listed on the opposite page, or e-mailed to region9@gw.dec.state.ny.us. Cleanup work at the site was performed by 1093 Group, LLC under New York State's Brownfield Cleanup Program (BCP). The goal of the BCP is to facilitate private-sector cleanup of brownfields. Brownfields typically are former industrial properties where redevelopment or reuse may be complicated by the presence or potential presence of contamination. More information on brownfields and the BCP is available on DEC's website at http://www.dec.nv.gov/chemical/8450.html. Description of Environmental Activities Detailed in the Report The RI/AA/IRM Report documents the environmental investigation and cleanup work completed at the Site as of August 2009. Investigation activities detailed in the report included: • Installing groundwater monitoring wells; • Sampling, analyzing, and evaluating soil and groundwater; and • Completing a site survey for environmental easement purposes. An environmental easement is a legal tool that places restrictions on how a property may be reused so that public health is protected. The 2009 investigation confirmed that contaminants of concern at the Site consisted of petroleum-based volatile and semi- volatile organic compounds (VOCs and SVOCs), and to a lesser extent, heavy metals. These contaminants were present in soil and groundwater. In order to expedite construction activities on the property, 1093 Group, LLC completed soil and underground tank removals in 2009 as an Interim Remedial Measure (IRM). An IRM is a cleanup action that may be conducted without extensive investigation in order to address an obvious environmental problem and reduce risk to public health and the environment. The IRM measures, discussed in the RI/AA/IRM Report, included: • Excavating petroleum-impacted soil; • Removing and properly disposing five underground storage tanks (USTs); • Sampling the sidewalls and bottom of the excavation to ensure that contaminant concentrations were at or below standards protective of public health and the environment; • Transporting and disposing impacted soils at a registered waste disposal facility; and • Placing clean gravel in the excavation areas. For more information about the investigation and cleanup activities, please consult the full RI/AA/IRM Report. What is the Next Step? The RI/AA/IRM Report concludes that the IRM successfully addressed contamination at the site and that additional cleanup work is not necessary. NYSDEC will consider public comment before approving the final RI/AA/IRM Report. 1093 Group, LLC will then submit a Final Engineering Report that describes all completed cleanup activities. NYSDEC will notify the public about future site developments through fact sheets similar to this one. Site Background The Site encompasses a quarter of an acre and is located on the southeast comer of Niagara Street and Pennsylvania Avenue in a predominantly commercial and residential area of Buffalo, New York. The Site has been used for commercial purposes, including an auto repair/service and gasoline retail facility. Previous releases of petroleum have impacted the Site. 1093 Group, LLC intends to develop the property for commercial purposes. Who Should I Contact If I Have Questions About the Site? Project related questions: Corey Stewart Environment related questions: Health related questions: 1093 Group, LLC Bill Murray Deanna Ripstein 295 Main Street, Suite 210 NYSDEC NYSDOH Buffalo, NY 14203 270 Michigan Avenue 547 River Street (716) 854-0060 Buffalo, NY 14203 Troy, NY 12180 (716) 851-7220 (518) 402-7870 region9@gw.dec.state. ny.us dmr13@health.state.ny.us Locations to View Public Documents Public understanding and involvement are important to the success of New York Brownfields programs. To keep you informed, the NYSDEC has established the following locations where you can view project documents: Buffalo & Erie County Public Library or NYSDEC Buffalo Office 1 Lafayette Square 270 Michigan Avenue Buffalo NY 14203 Buffalo NY 14203 • Phone: (716) 858-8900 Phone: (716) 851-7220 (please call for appointment) You may also view project documents at (please http://www.dec.nv.gov/chemical/37554.html. Look for the Niagara Street Pennsylvania Ave entry under the Erie County heading. RECEIVED AND FILED NO 51 NYSDEC-REPORT OF CLEAN UP-NOCO SITE Report on Environmental Cleanup and Investigation Activities at NOCO #$41 Site Available for Review and Public Comment Brownfield Cleanup Program Project No. C915211 October 2009 Introduction The New York State Department of Environmental Conservation (NYSDEC) requests public comment on a report about environmental cleanup and investigation activities at the NOCO #$41 site (the Site) in the City of Buffalo. It describes actions taken to address petroleum contamination at the site, ongoing investigation activities to determine potential impacts from contaminants other than petroleum, and possible alternatives for further action at the site. The report, called the Remedial Investigation/Alternative Analysis / Interim Remedial Measures (RI/AA/IRM) Report, is available for public review at the locations listed in this fact sheet. An electronic version of the report is also available on the NYSDEC website (a link is provided on the opposite page). The public may comment on the report for 45 days, from October 28, 2009 to December 11, 2009. Written comments may be sent to the project manager listed on the opposite page or e-mailed to region9@gw.dec.state.ny.us. Cleanup work at the site was performed by NOCO Energy Corporation (NOCO) under New York State's Brownfield Cleanup Program (BCP): The goal of the BCP is to facilitate private-sector cleanup of brownfields. Brownfields typically are former industrial properties where redevelopment or reuse may be complicated by the presence or potential presence of contamination. More information on brownfields and the BCP is available at: http://www.dec.ng.gov/chemical/8450.html. Description of Cleanup Activities and Investigation Results Detailed in the Report NOCO conducted an Interim Remedial Measure (IRM) in February, 2008 to address petroleum contamination at the site. An IRM is a cleanup action that can be conducted at a site relatively quickly to reduce risks to public health and the environment from a well-defined hazardous waste problem. Immediately following the completion of the IRM, NOCO began investigation activities to determine potential impacts, if any, from other contaminants. The investigation concluded in June, 2009. The RI/AA/IRM Report describes the investigation results and the cleanup activities. IRM Activities NOCO completed soil and underground tank removals in 2008. Specifically, the work included: Removing and disposing three underground storage tanks, product dispensers, and piping; and Investigation Investigations conducted in the past indicated that the Site's soil and groundwater were impacted with volatile organic compounds (VOCs) and semi-volatile organic compounds (SVOCs) associated with petroleum. The purpose of the 2008- 2009 investigation was to assess if other contaminants, such as heavy metals, were also present at the site. The investigation found no other significant environmental impacts and confirmed that the IRM effectively addressed petroleum contamination. For more detailed information about the cleanup and investigation activities, visit the locations or website listed below to view the full RI/AA/IRM report. What Is the Next Step? The RI/AA/IRM report concludes that the IRM successfully addressed contamination at the site and that additional cleanup work is not necessary. NYSDEC will consider public comment before approving the final RI/AA/IRM Report. NOCO will then submit a Final Engineering Report that describes all completed cleanup activities. NYSDEC will notify the public about future site developments through fact sheets similar to this one. Site Background The Site is located on the southeast comer of Genesee Street and Fillmore Avenue in a predominantly commercial and residential area of Buffalo, New York. The Site has been used for commercial purposes, including an automobile refueling and general retail facility. Previous releases of petroleum impacted the Site. Who Should I Contact If I Have Questions About the Site? Project related questions: Environment related questions: Health related questions: Michael Yount Bill Murray Ian Ushe NOCO Energy Corp. NYSDEC NYSDOH 700 Grand Island Blvd. 270 Michigan Avenue 547 River Street Tonawanda, NY 14150 Buffalo, NY 14203 Troy, NY 12180 (716) 845-4233 (716) 851-7220 (518) 402-7880 region9@gw.dec.state.ny.us ziu01@health.state.ny.us locations to View Public Documents Buffalo or Erie County Public Library or NYSDEC's Buffalo Office Central Branch 270 Michigan Avenue 1 Lafayette Square Buffalo, N.Y. 14203 Buffalo NY 14203 (please call for appointment) You may also view project documents at http://www.dec.ny.gov/chemical/37554.html. Look for the NOCO #$41 entry under the Niagara County heading. RECEIVED AND FILED NO 52 PARTNERSHIP FOR THE PUBLIC GOOD-ERIE CANAL HARBOR DEV-BLDG ON COMM. ASSETS The Erie Canal Harbor Development: Building on Community Assets for a Sustainable Future A Partnership for the Public Good Report April 21, 2009 Executive Summary: This policy brief frames the redevelopment of the Erie Canal Harbor as a tool for building on our existing assets and addressing our chronic challenges. Ultimately, development of this vital and historic district will be accomplished on public land and with additional public resources and subsidies. As such, Buffalo's Inner Harbor redevelopment, like any development receiving public funds, should have clear and achievable goals that advance public purposes. The Partnership for the Public Good 2009 Community Agenda, endorsed by more than fifty community groups, calls for a Community Benefit Agreement (CBA) for Erie Canal Redevelopment, stating explicitly that "No subsidies should be given to Bass Pro or other corporations without a community benefit agreement requiring living wage jobs, environmentally friendly building and operations, and a building and site design appropriate to the location". Goals that need to be met by this development must include economic viability as well as economic and social benefits to our community, and these goals must be codified in a community benefit agreement that holds both the public and private sectors accountable. The prospective benefits of a successful Inner Harbor redevelopment, and the means to achieve them, can be placed into six categories. 1. Implementing Design Standards to Encourage Green, Pedestrian-Oriented and Mixed-Use Development 2. Building an Authentic, Livable Neighborhood With a Destination Element 3. Creating a Mixed-Income and Diverse Community 4. Incorporating Locally-owned Retail Businesses 5. Creating Living Wage Jobs 6. Stating Clear Objectives and Establishing a Realistic Timeline By incorporating these elements, the harbor redevelopment can be an economically viable project that creates an authentic, aesthetic, and walkable destination neighborhood, providing a place for quality employment and an opportunity for local businesses to succeed, a comfortable place to live, and a welcoming destination for visitors - all done in an open and transparent way. RECEIVED AND FILED NO 53 D. RIVERA-CODE BLUE-BUFFALO’S COLD WEATHER EMERGENCY PLAN CODE BLUE: BUFFALO'S COLD WEATHER EMERGENCY PLAN HISTORY AND CURRENT STATUS On January 14, 2009, as night time temperatures in Buffalo dipped below zero, members of the WNY Coalition for the Homeless (WNYCH) took it upon themselves to open up several warming shelters for homeless individuals who could not find shelter from the extreme cold weather. That night and the next two nights the WNYCH formed outreach teams to sweep the area, find people still outside, and invite them to shelters to warm up. WNYCH members quickly realized that their efforts would have been much more effective had a plan been in place before the extreme cold weather hit and decided to develop a plan for the next winter. This plan, titled Code Blue, will bring together several local agencies who have agreed to donate time and resources to fill a huge emergency services gap for homeless individuals in the City of Buffalo. KEY ORGANIZATIONS AND THEIR RESPONSIBILITIES Western New York Coalition for the Homeless The Western New York Coalition for the Homeless (WNYCH) will be responsible for declaring that a Code Blue is in effect using criteria outlined in Attachment 1. After a Code Blue is declared, the WNYCH will notify the Fr. Belle Center, the Homeless Alliance of Western New York, and all members of the WNYCH Outreach Committee (see Attachment 2). Communication will be established with the National Weather Service for verification of predicted weather conditions. Volunteers trained by the Red Cross as well as AmeriCorps volunteers will staff the Fr. Belle Center beginning at 8 pm and ending at 8 am on the night a Code Blue is called. WNYCH Outreach Committee members will go into the community the night a Code Blue is called to find and invite homeless individuals to the Fr. Belle Center to warm up. As the Code Blue is deactivated, WNYCH Outreach Committee members will work with Crisis Services after hours and the Erie County Department of Social Services to attempt to secure proper shelter for individuals leaving the warming shelter and meet the criteria for such services. Homeless Alliance of Western New York The Homeless Alliance of Western New York (HAWNY) will fax a Code Blue alert to the fire and police departments, the media, and all agencies involved with Code Blue. Father Belle Center Commencing November 15, 2009 through March 15, 2010, the Fr. Belle Center will make available their building as the primary warming shelter location when a Code Blue is called. The space includes a kitchen area, showers, restrooms, and a gym for the purpose of providing emergency shelter accommodations for homeless men and women. Additional rooms in the building may be made available to be used for more private accommodations or for service providers/caseworkers to offer their services. The Fr. Belle Center will work with the WNYCH, Red Cross, and AmeriCorps to coordinate the volunteers who will staff the warming shelter during the Code Blue. Red Cross The Red Cross will train volunteers who will be staffing the warming shelter at the Fr. Belle Center in basic disaster services. It will also be providing cots to the Fr. Belle Center for homeless individuals to use. Crisis Services and Lake Shore Behavioral Health Crisis Services and Lake Shore Behavioral Health will develop a "homeless sensitivity" training that will be added to the Red Cross basic disaster services training for Code Blue volunteers. Crisis Services will also provide information to those calling about the warming shelter at the Fr. Belle Center. Friends of Night People Friends of Night People will prepare food for the individuals accessing the warming shelter, which will be kept warm in the Fr. Belle Center's kitchen. 2-1-1 2-1-1 will provide information to those calling about the warming shelter at the Fr. Belle Center. REFERRED TO THE COMMITTEE ON LEGISLATION. NO. 54 M. SHAPIRO COALITION FOR ECONOMIC JUSTICE - DGEIS COMMENTS Dear Mr. Tronolone, members of ESDC and ECHDC: Good Evening. My name is Micaela Shapiro with the Coalition for Economic Justice. CEJ is a permanent coalition of over 70 faith, labor, community, and academic allies. Our coalition runs campaigns at the local and state level in the areas of accountable economic development and workers' rights. We appreciate this evening's opportunity to comment on the Canal Side Draft Environmental Impact Statement (DGEIS). We are generally supportive of your goals and objectives for the Canal Side project; however, we believe that the return on the public's investment will not be realized to its fullest potential unless the project meets clear, legally binding requirements regarding sustainable design and green infrastructure, set aside space for local, independent businesses, job quality and access, and mixed income housing. Through research on experiences and best practices in cities very similar to Buffalo, it is clear that large-scale economic development projects are only worth the often hefty taxpayer price tag if it is ensured through a legally binding agreement that the project will produce authentic public goods. We therefore support the call of others in the community for a Canal Side Community Benefits Agreement. Due to the large scale nature of this project and the subsidies that tax payers will provide, and have already provided, the Empire State Development Corporation, through its subsidiary, the Erie Canal Harbor Development Corporation should NOT award or approve any contracts, sub-contracts, leases or the like until ESDC, ECHDC, Benderson, and Bass Pro work with CEJ and other community interests to reach a Community Benefits Agreement that: Includes a green building and green infrastructure requirement so that all buildings meet the equivalent of LEED-Silver and include effective storm water management and water conservation plans; CEJ is an affiliate of Jobs with Justice and the New York State Labor Religion Coalition Accommodates and nurtures small and local businesses, as opposed to big box retailers, so that more money re-circulates in our immediate community by setting aside appropriately sized commercial spaces for local, independent businesses; Ensures the creation of quality permanent jobs that pay a Living Wage; Prioritizes and sets legally binding goals for local and minority hiring; Requires prevailing rate be paid on all construction jobs, with minority, local hiring, and apprenticeship goals; Focuses on mixed use development, and that; Maintains existing moderate income housing while making new residential units affordable and available to low and moderate income residents. These are key pillars to high road development, development that embraces the needs of our community. Executing high road development strategies becomes even more critical when you consider that Buffalo has consistently ranked within the top ten of poor US cities and that we continue to face staggering employment and population losses. The Coalition for Economic Justice is by no means against development; however, we firmly believe that the city of Buffalo cannot afford to pursue another silver bullet solution to our urban poverty, job loss, declining quality of life and failed economic development. The Bass Pro-Benderson plan, as it exists currently, represents such a shortsighted strategy and mechanisms must be implemented to ensure long-term economic growth and community benefit if the project is to proceed and be successful. It is with this belief that we view the DGEIS. Our organization, therefore, raises the following questions and concerns and wishes to express the absolute need for clarification and elaboration between now and final environmental impact statement. It should be noted that our questions and concerns are based on the preferred alternative. PUBLIC INVESTMENT: The first question we have is fairly basic-Where is the money for the development coming from? The fact sheet on the ECHDC website state that as of 2007 the costs for the canal side redevelopment would be $315 million dollars, which would come from private and public investment. What is the breakdown of this? How much of this project is being paid for by the public-including tax breaks to companies and demolition and remediation for certain sites to makes them shovel ready? What is the actual private investment in this project? SUSTAINABILITY & GREEN DESIGN: The DGEIS references sustainability and green design as an objective. Phrases such as "sustainable design features," "Implementation of sustainability strategies {that} would reduce demand on {these} utilities," and "exploring various sustainable design principles," appear in the DGEIS. While we support the ECHDC's recognition that green design is crucial, we are concerned that clear requirements for the project have not been detailed. We feel that ESDC and ECHDC should require that any buildings constructed or re- constructed as a part of the project should meet the standard of LEED-Silver or its equivalent. Further, Canal Side should have aggressive standards for storm water management and water conservation. SUPPORT FOR LOCAL BUSINESS: In the sketch planning for the Canal Side project portion of the DGEIS bullet 2 states that project will contain "A place providing opportunities for smaller retail and entertainment establishments to locate in a shared setting." How is the term 'small' assessed in square footage? Aside from small, is there a clear emphasis on supporting locally owned businesses and local entrepreneurs? Again, we believe it is necessary to set clear and enforceable goals. 75% of the commercial space outside of Bass Pro should be reserved for locally owned, independent businesses. The overall project goal goes on to say that the development will be "anchored by a major destination retailer," Bass Pro. When negotiations with Bass Pro began, there were no Bass Pros in the region, but in the meantime hasn't a Bass Pro been built near here? What are the new estimates in terms of dollars that will come in and people that will come in as a result of Bass Pro? And, most importantly, how much of that money will just leave the area because Bass Pros isn't a local entity? It has been clearly documented that national retail chains send more money out of communities than they invest via employees, materials, and taxes. QUALITY JOBS: This also prompts the question- does a major destination retailer really foster economic growth? Based on our experience and research, developments like Bass Pro have actually had the opposite effect, exacerbating economic decline. Such developments bring with them poverty wages, hidden tax-payer costs, a pipeline of profit that leads out of our cities, and generally does not cultivate a holistic approach to development. The DGEIS states that approximately 2,600permanent jobs will be created as a result of the Canal Side development. What sorts of jobs are these? Are they part-time or full-time? Who will have access to these jobs? Will the jobs provide an adequate income for individuals to provide for their families? Or, are these jobs that will leave workers to rely on public assistance? The estimated average salary for the newly created jobs, according to ECHDC, is $22,500. Our organization passed a piece of legislation in the City of Buffalo called the Living Wage Ordinance. This law defines the wage needed for a family of three to support itself above the poverty line as $10.70 with benefits provided and $12.01 without benefits for the year 2010. This translates to an annual gross salary of $22,256 with benefits or $24,981 without benefits. We commend the ECHDC for including the creation of locally owned retail business with Living Wage jobs" in the project vision. However, we believe that the requirement for payment of a living wage should extend to all business operations proposed for the project and that thresholds for the number of jobs that will be full-time verse part-time should be established. Further, clear and enforceable requirements regarding local and minority hiring should be set forth with regard to the permanent workforce~ In examining experiences of other communities such as Cleveland or Baltimore, it is clear that heavy investments-in retail and tourism are only temporary quick fixes to a faltering economy. Curing a broken economy takes significantly more. Baltimore, with a history of manufacturing decline similar to Buffalo; aggressively promoted tourism and redeveloped their Inner Harbor in the 1970's and 80's. However, the city neglected to enact standards to ensure that the new tourism jobs were of high quality. As a result, low wages and part time hours are so prevalent that all but three of the city's non-managerial tourism job titles pay less than the federal poverty line for a family of four; many pay far less. Our concern regarding the quality of jobs to be created as a result of the Canal Side development extend to the temporary construction jobs as well. Of the several thousand construction jobs, how many will be filled by local labor? Will the construction jobs be subject to a prevailing rate requirement? CEJ firmly believes that the construction of Bass Pro, the Benderson development, as well as all public infrastructure projects related to the overall development should be subject to prevailing rate requirements and should meet clear and enforceable goals regarding minority and local hiring. MIXED USE/MIXED INCOME: The DGEIS states that many of building will be mixed use, to include offices, restaurants, retailers, as well as, approximately 150 residential units. Who would these residential units be available to? We feel a goal of 1/3 of all residential units being made affordable is necessary to ensure the development of a vibrant downtown community, while also being more than achievable. CONCLUSION: To be clear, CEJ recognizes the importance of developing our inner harbor and revitalizing a critical piece of our history, increasing access to and use of one of our most amazing natural assets, and creating much needed jobs. But, frankly, we are concerned that this project will not yield an adequate return on our public investment unless a Community Benefits Agreement is established that specifies goals, requirements, and enforcement mechanisms to ensure: implementation of green design standards, local business development, quality job creation, as well as mixed use and mixed income development. rd In the 3poorest city in the country, it seems that we should be extremely considerate of how our tax dollars are Spent and that they are being spent wisely. There is no question that in order to be a vibrant, successful city we need businesses to come to Buffalo-we need job creation. However, we need accountable businesses and we need to be supporting the creation of quality jobs, not just any jobs. Moreover, the Canal Side development is not solely about job creation, it is about access to the water, community building, and respect for our most prized natural resource - our water. Applying clear standards for business development will ensure long-term community benefit and is in the best interests of the full community. I would like to thank you again for the opportunity to share CEJ's comments regarding the DGEIS and the Canal Side development. I look forward to continued dialogue with ESDC, ECHDC to ensure development of a waterfront that works for everyone. Sincerely, The Coalition for Economic Justice REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT. PETITIONS NO. 55 J. MAUCAILLA, OWNER, USE 2144 NIAGARA FOR A TAKE OUT RESTAURANT AND CONVENIENCE STORE (HRG 11/17)(NORTH) REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD NO. 56 ST T. FOX, AGENT, USE 960 BUSTI-CONVERT WAREHOUSE TO 23 APTS AND 1FLOOR COMMERCIAL USE(HRG 11/17)(NIA) REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD, ZONING BOARD OF APPEALS NO. 57 A. LOJANCONO, OWNER, USE 1518 HERTEL AVE-CONVERT 1 STORY MASONRY TO A TAKE-OUT RESTAURANT(HRG 11/17)(DEL) REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD, ZONING BOARD OF APPEALS REGULAR COMMITTEES CIVIL SERVICE (BONNIE E. RUSSELL, CHAIRPERSON) NO. 58 APPT HEAVY EQUIPMENT OPERATORS (PERM)(MAX)(FELDMAN, LINKOWSKI)(PW) (CCP# 20, 10/27) Mrs Russell moved That Communication 20 of October 27, 2009 be received and Filed and that the Permanent Appointments of Charles L. Feldman, 189 South Legion, Buffalo, NY 14220 and James J. Linkowski, 187 West Woodside Ave, Buffalo, NY 14220 at he Maximum Salary of $38,745.00 is hereby approved. PASSED AYES - 9 NOES - 0 NO. 59 APPT HEAVY EQUIPMENT OPERATOR (PERM)(INTER)(FERRIL)(PW) (COP# 21, 10/27) Mrs Russell moved That Communication 21 of October 27, 2009 be received and Filed and that the Permanent Appointments of Richard L. Ferril, 16 Race St, Buffalo, NY 14207 at the Intermediate Salary of $36,565.00 is hereby approved. PASSED AYES - 9 NOES - 0 NO. 60 APPT EQUIPMENT OPERATORS (PERM)(INTER)(COYLE,LOMBARDO,ORR,JR, HUSSAR)(PW) (CCP# 22, 10/27) Mrs Russell moved That Communication 22 of October 27, 2009 be received and Filed and that the Permanent Appointments of Peter Coyle, 140 North St, Buffalo, NY 14201, William T. Orr Jr, 130 Juniata Place, Buffalo, N¥ 14210 and Robert Hussar, 9 Tenesee St, Buffalo, NY 14204 at the Intermediate Salary of $37,077.00 is hereby approved. PASSED AYES - 9 NOES - 0 NO. 61 ND APPTCOUNSELORIII(PERM)(2STEP)(JONES) (#26, 1027) Mrs. Russell moved That the above item be the same and hereby is Received and Filed ADOPTED NO. 62 NOTICES OF APPOINTMENTS-TEMP/PROV/PERM (#36, 1027) Mrs. Russell moved That the above item be the same and hereby is Received and Filed ADOPTED FINANCE (MICHAEL P. KEARNS, CHAIRMAN) NO. 63 ST TH INDIRECT COST ALLOCATION PLAN(EXEC I& 4RES)(COMPT) CCP# 12, 10/27 Mr. Kearns moved That the above item be the same and hereby is Received and Filed ADOPTED NO. 64 ASSESSMENT REFORM IN THE COB(ASSESS) (#16, 1027) Mr. Keams moved That the above item be the same and hereby is Referred to the Committee on Community Development ADOPTED NO. 65 APPROVAL OF FUNDING - BUFFALO NIAGARA CONVENTION & VISITORS BUREAU (ITEM NO. 25, C.C.P., OCT. 27, 2009) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Kearns moved: That the Common Council approves the following: 1. Grant the Commissioner and the Department the specific authority to enter into the attached Agreement and fund $75,000 from the Department to CVB pursuant to the terms and provisions of the Agreement for purposes of partially funding BNFC's 2009 mission to facilitate and expand film, television and video production in the City of Buffalo. 2. Authorize the Department and/or other appropriate City staffto take all such steps and actions and to execute and/or process such additional documentation and/or modifications thereto as shall be necessary to facilitate the terms and provision of the Agreement. 3. Direct the Corporation Counsel and other appropriate City and Department personnel to negotiate to finalization said Agreement and other necessary documentation and agreements wherever necessary for execution and actual implementation, and 4. Acknowledge that the above referenced prior Common Council actions contemplated that the $75,000.00 for assistance would flow from the Department through the Police Athletic League of Buffalo, Inc. to BNFC. That plan has been replaced with the above set forth plan and therefore the Department instead will fund the $75,000.00 through CVB for BNFC purposes. PASSED AYES - 9 NOES - 0 NO. 66 SINGLE STREAM RECYCLING (ITEM NO. 82, C.C.P., OCT. 27, 2009) That the above communication be referred to the Board of Directors of the Buffalo Sewer Authority, the Buffalo Urban Renewal Agency, the Buffalo Municipal Housing Authority, and the Buffalo Board of Education for comment and response, as well as the Common Council's Finance Committee, for further discussion. ADOPTED NO. 67 OLMSTEAD PKS JOB TRAINING PARTNERSHIP MAKING A DIFF IN WORKER'S LIFE CCP# 42, 9/29 Mr. Kearns moved That the above item be the same and hereby is Received and Filed ADOPTED NO. 68 J. PAJAK-CAPITAL PROJECT FUND STATUS CCP# 70, 9/1 Mr. Kearns moved That the above item be the same and hereby is Received and Filed ADOPTED NO. 69 ST INDIRECT COST ALLOCATION PLAN (EXEC I4 RES) CCP# 115, 7/7 Mr. Kearns moved That the above item be the same and hereby is Received and Filed ADOPTED NO. 70 AUDIT REPORT COB RECYCLING PROG 1/L/2005-5/31/2008(PW) CCP# 22, 6/23 Mr. Keams moved That the above item be the same and hereby is Received and Filed ADOPTED NO. 71 S. RADOMINSKI, SR. - CONCERNS WATER BILL - 133 WEIMER (ITEM NO. 42, C.C.P., JUNE 9, 2009) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Kearns moved: That the above item be recommitted to the Committee on Finance. ADOPTED NO. 72 R. FONTANA-BUTTINO-CONCERNS SECURITY AT SCHILLER PARK CENTER CCP# 59, 5/26 Mr. Kearns moved That the above item be the same and hereby is Received and Filed ADOPTED NO. 73 B. DAVIS-L. ZAEPFIL-DISCUSS CREATING A PUBLIC USE ABANDONMENT ROW ONE BLOCK OF CARY ST (#44,11/27)(#84,7/8) Mr. Keams moved That the above item be the same and hereby is Received and Filed ADOPTED NO. 74 AUDIT REPORT-CITY RECYCLING PROGRAM 1/1/05-5/31/08 (COMPT) (#8, 4/28) Mr. Kearns moved That the above item be the same and hereby is Received and Filed ADOPTED COMMUNITY DEVELOPMENT (MICHAEL J. LOCURTO, CHAIRMAN) NO. 75 REPORT OF SALE - 86 FRENCH (ITEM NO. 7, C.C.P., OCT. 27, 2009) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. LoCurto moved: That the offer from Raymond Smith, residing at 80 French Street, in the sum of one thousand and six hundred dollars ($1,600.00) for the purchase of 86 French Street, be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES - 9 NOES - 0 NO. 76 REPORT OF SALE - 1606 JEFFERSON AVENUE (ITEM NO. 8, C.C.P., OCT. 27, 2009) 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. 77 REPORT OF SALE - 400 & 402 MONROE (ITEM NO. 9, C.C.P., OCT. 27, 2009) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. LoCurto moved: That the offer from Susan M. Miller, residing at 406 Monroe, in the sum of one thousand and eight hundred dollars ($1,800.00) for the purchases of 400 & 402 Monroe, be and they hereby are accepted; and That the transfer taxes, recording fees and cost of legal descriptions shall be paid by the purchaser; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of titles and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES - 9 NOES - 0 NO. 78 RESULTS OF NEGOTIATIONS/ABANDONMENT & SALE OF PORTION OF SOUTH PIERCE (ITEM NO. 11, C.C.P., OCT. 27, 2009) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. LoCurto moved: That the Common Council does hereby abandon a portion of South Pierce, Easterly Side; Adjacent to 41 South Pierce 18' x 425' - Paper Street authorizes the City to sell such property pursuant to Article 27, Section 27-5 of the Charter of the City of Buffalo; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title to Mr. & Mrs. Daniel Derenda, in the amount of two thousand and eight hundred dollars ($2,800.00) and that the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title with the conditions as listed in the above communication, and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted upon the condition that the Planning Board include an easement of 3 feet to allow for the gate of the owners at 139 Seward as part of Site Plan approval. PASSED AYES - 9 NOES - 0 NO. 79 F. CIRILLO-NYSDOT-SURPLUS PROPERTY-S PARK AVE-KATHERINE ST TO LEE ST (#37, 10/27) That the above item be the same and hereby is Received and Filed. ADOPTED NO. 80 A. THOMPSON-CONTAMINATION/REMEDIATION OF LOTS ON JEFFERSON AVE (#65, 10/27)(#58, 10/13) That the above item be the same and hereby is Received and Filed. ADOPTED LEGISLATION (JOSEPH GOLOMBEK JR., CHAIRMAN) NO. 81 M. LOCURTO-C. DALEY & OTHERS-OPPOSE RE LICENSING EL WASEEM'S STORE (#53, 10/27) That the above item be the same and hereby is Received and Filed. ADOPTED NO. 82 USED CAR DEALER LICENSE - 490 SENECA (ITEM NO. 27, C.C.P., APR. 14, 2009) (ITEM NO. 60, C.C.P., SEPT. 15, 2009) That the Commissioner of Economic Development Permit and Inspections Services be, and he hereby is directed to deny a Used Car Dealer license to Peter Pena d/b/a Porky's Automotive Repair located at 490 Seneca Street. DENY NO. 83 S. BOUNRNDS & O-OPPOSE TRAFFIC & SPEEDING ON SPRENGER AVE (LOV) (#84, 9/1) That the above item be the same and hereby is Received and Filed. ADOPTED NO. 84 RESTAURANT DANCE CLASS III 110 PEARL (EII)(EDPI) (#94,7/21)(#24,3/3)(#94,3/31)(#65,4/28)(#101,7/7) That the above item be the same and hereby is Received and Filed. ADOPTED NO9. 85 ANNUAL ACTION PLAN 2009-2010 (POLICE) (#28, 6/23) That the above item be the same and hereby is Received and Filed. ADOPTED NO. 86 C. GRIFFASI-B A SPORT (#50,6/23) That the above item be the same and hereby is Received and Filed. ADOPTED NO. 87 B. DAVIS-BIG ORBIT'S SOUND LAB (ELL) (#33,5/12) That the above item be the same and hereby is Received and Filed. ADOPTED EDUCATION (DEMONE A. SMITH, CHAIRMAN) NO. 88 M. KEARNS-L. PETRUCCI DISCOVERY SCHOOL #67 (#42, 3/31) That the above item be the same and hereby is Received and Filed. ADOPTED NO. 89 LP CIMINELLI-BOARD PACKET DOCUMENTS OCTOBER 2009 #46, 10/13 That the above item be the same and hereby is Received and Filed. ADOPTED RESOLUTIONS NO. 90 SPONSOR: MR. DAVIS SUPPORT OF THE BAJA BEACH CLUB, INC. & BUFFALO DEVELOPMENT CORPORATION'S REDEVELOPMENT OF THE CURTISS BUILDING Whereas: Baja Beach Club, Inc. & Buffalo Development Corporation propose to rehabilitate and redevelop the historic landmark property known as the Curtiss Building into a high-end boutique hotel, spa, restaurant & banquet facility; and Whereas: The building was constructed in 1913 and is one of three structures within Buffalo's downtown business district exhibiting an ornate terra cotta fagade decorated with Art Nouveau styling; and Whereas: This unique structure has been listed on the National Register of Historic Places. In addition the New York State Historic Preservation Office (SHPO) has placed this structure on the State Register of Historic Places; and Whereas: The building is currently vacant, and is located in an economically distressed area of Buffalo, New York as evidenced by its location in both the New York State Empire Zone and the federally designated Buffalo Lackawanna Renewal Community; and Whereas: The Project will result in the investment of approximately $18 million dollars in downtown Buffalo; and Whereas: Due to the historic nature of the Building, significant costs have and will continue to be incurred to protect and rehabilitate this cultural asset; and Whereas: The project will result in the creation of approximately 30-40 full time and 70-80 part time jobs, many of which will be filled by local residents; and Whereas: This project will generate increased state and local taxes and will result in the protection of one of the City's important historic assets; and Whereas: In addition to a significant equity investment and traditional financing, to assist in funding this project, the owner of the property has submitted an application to Empire State Development for a loan pursuant to the Upstate Regional Blueprint Fund. Now, Therefore Be It Resolved: That the Buffalo Common Council supports the Baja Beach Club, Inc.'s loan application to Empire State Development Corporation; and Be It Finally Resolved: That the Buffalo Common Council supports this project, which will rehabilitate and redevelop one of Buffalo's cultural assets, create jobs and create a one of a kind regional destination in downtown Buffalo, NY. ADOPTED NO. 91 SPONSOR: MR. DAVIS SUPPORT FOR THE REDEVELOPMENT OF TWO DOWNTOWN PROPERTIES Whereas: Signature Development of WNY, LLC proposes an adaptive reuse for the former AM&A's Building, located on Main Street, and the Lafayette Hotel, located on Washington Street, in Downtown Buffalo; and Whereas: Signature Development of WNY, LLC has a proven track record of renovating old, derelict buildings into a reuse that helps stimulate and grow our local economy; and Whereas: This Buffalo Common Council supports the adaptive reuse of buildings left vacant and blighted throughout the City of Buffalo; and Whereas: The Common Council understands that without viable programs such as the NY BluePrint Fund, which have no direct costs to the City of Buffalo, the rebirth of Downtown would be an difficult task. Therefore Be It Resolved: That the Buffalo Common Council supports the economic incentives necessary to help make these projects a reality. ADOPTED NO. 92 BY: MR. DAVIS AUTHORIZATION OF TAX ABATEMENT AGREEMENT (THE "AGREEMENT") PURSUANT TO THE NEW YORK STATE PRIVATE HOUSING FINANCE LAW ("PHFL") ARTICLE 11, SECTION 577 WHEREAS: Harborview Houses, Inc. is the existing title owner and Harborview Associates is the existing beneficial owner (hereinafter "Sellers") of a 208-unit apartment complex and related facilities located on a parcel of land located at 10 Seventh Street in the City of Buffalo, County of Erie, State of New York, as more fully described in the attached Schedule A (the "Property"); and WHEREAS: The Property is an affordable housing resource, which was developed and is operated pursuant to Article II of the PFHL; and WHEREAS: Pursuant to a certain Purchase and Sale Agreement dated May 29, 2009, as amended by a First Amendment to the Purchase and Sale Agreement, yet to be executed by and among Sellers, the FIDFC and Harborview Preservation, L.P., a New York limited partnership (the "Buyers"), Seller has agreed to sell the Property to the Buyers; and WHEREAS: Upon acquisition of the Property, the Buyers intend to rehabilitate the Property and preserve the Property as affordable housing as outlined in the detailed Communication from the Commissioner of Assessment and Taxation; and WHEREAS: A portion of the costs of the acquisition, rehabilitation and preservation of the Property as affordable housing is expected to be financed by a loan from the New York State Housing Finance Agency ("HFA") or another authorized tax- exempt bond issuer, which loan will be funded through the issuance of tax-exempt bonds by HFA; and WHEREAS: the Partnership expects to receive an award of low-income housing tax credits under Section 42(h) of the Internal Revenue Code of 1986, as amended, due to the requirement that the property be used as affordable housing; and WHEREAS: the City on behalf of the Taxing Anthorities (as such term is defined in the Agreement) has determined that the acquisition and rehabilitation of the Property is beneficial and in the best interests of the public, and, in order to insure its long-term preservation as an affordable housing resource, the Buyers have requested that the City on behalf of the Taxing Authorities grant, and the City and the Taxing Authorities are willing to grant, certain tax abatements to be effective upon the date of the duly authorized Agreement attached to the November 5, 2009 Communication from the Commissioner of Assessment and Taxation, and the City and the Taxing Authorities are willing to grant certain tax abatements to be effective upon the date of execution of said agreement; WHEREAS: the HDFC has submitted a request for a tax abatement dated October 14, 2009 to the City Common Council for a Real Property Tax Abatement pursuant to the provisions of Article XI, Section 577 of the PHFL, and the request has been found acceptable to the Common Council and the Department of Assessment and Taxation; NOW, THEREFORE, BE IT RESOLVED: That the Common Council, through and by the power invested in it by New York State Private Housing Finance Law §577 hereby abates and exempts from taxation the subject property, to the extent and for the duration specified in the attached Tax Abatement Schedule. PASSED AYES - 9 NOES - 0 NO 93 BY MR. MICHAEL LOCURTO THE CREATION OF A GREEN BUILDING CODE TASK FORCE Whereas: In the United States, building usage and construction account for 72% of energy consumption, 38% of CO2 emissions, consumed 14% of potable water and 40% of raw materials; and Whereas This year, Governor David Patterson signed into law the State Green Building Construction Act which mandates that new construction, expansion, and renovation projects conform to green building practices; and Whereas Federal Leadership in Energy and Environmental Design (LEED) guidelines, the Chicago Standard, and other such programs can help mitigate our impact on the environment while still creating attractive buildings; and Whereas In 2007 Erie County passed Local Law NO. 5-2007, mandating major facility projects be built to LEED Silver standards, joining over 115 municipalities that require government funded projects to meet such standards; and Whereas There are over 100,000 LEED certified buildings in the world and a 2009 report estimates that by 2020 improved buildings and construction practices could reduce the countries energy consumption by 23% and green house gas emotions by 1.1 gigations annually Whereas A 2007 study of 221 LEED buildings vs. traditional buildings found "no significant different in average costs for green buildings as compared to non-green buildings". Now, Therefore Be It Resolved: That the City of Buffalo creates a Green Building Code Task Force, charged with adopting standards for the construction of environmentally friendly buildings; and Be it Further Resolved: That the Task Force outline the criteria used to determine the level of greenness and the method by which the city shall achieve them based on standards used in other cities; and Be It Further Resolved: That the Common Council appoint members of this Task Force so that it will, with representatives of relevant city agencies, comprise of eight members; and Be It Further Resolved: That the Common Council approves these appointments; and Finally, Be It Resolved: That the Task Force report back to the Common Council with a proposed Green Building Code policy within six months of this resolution. REFERRED TO THE COMMITTEE ON LEGISLATION & CORPORATION COUNSEL NO. 94 BY MR LOCURTO NATIONAL LEAGUE OF CITIES' PRESCRIPTION CARD PROGRAM Whereas The National League of Cities ("NLC") is the oldest and largest national organization representing municipal governments throughout the United States; and Whereas The NLC's mission is to strengthen and promote cities as centers of opportunity, leadership, and governance; and Whereas The City of Buffalo is currently a dues-paying member of the NLC; and Whereas The NLC is currently offering a prescription card program to member cities; and Whereas The NLC Prescription Discount Card program can save residents an average of 20% off the full retail cost of prescription medication; and Whereas There is no cost to the member city to co-sponsor the program with NLC; and City residents, including all family members, may use the discount card anytime their prescription is not covered by insurance; and There are no fees, restrictions, or limits on how often the card may be used; and Whereas While the healthcare debate is currently playing out across the country, the City should seize this opportunity to provide access for its citizens to affordable medical needs; It Resolved: That the City of Buffalo work with the NLC to implement this program to the benefit of the residents of the City of Buffalo. ADOPTED NO. 95 SPONSOR: MICHAEL J LOCURTO URGING THE ADOPTION OF A.01803 / S.00863, REQUIRING THE COMMISSIONER TO ESTABLISH STANDARDS FOR AND A PROGRAM OF INSPECTION AND CERTIFICATION OF GREEN ROOFS AS WELL AS TAX ABATEMENT FOR THE INSTALLATION OF GREEN ROOFS. Whereas: Energy Costs for municipal, residential, and commercial buildings are skyrocketing and will likely continue to increase; and Whereas: Energy use by these buildings contribute substantially to the problems of global climate change; and Whereas: Green Roofs are a means of reducing energy consumption; and Whereas: A bill offering tax abatement for the installation of a green roof was introduced in both the Assembly (A01803) and the Senate (S00863); and Now Therefore Be It Resolved: That the Common Council does hereby commit its full support behind New York State Assembly bill #1803 and New York State Senate bill #863 requiring the commissioner to establish standards for and a program of inspection and certification of green roofs as well as tax abatement for the installation of green roofs. Be It Finally Resolved: That certified copies of this resolution be sent to Governor David Patterson, New York Senator Pedro Espada, Assembly Speaker Sheldon Silver, and the Western New York delegation. ADOPTED NO. 96 BY MS RUSSELL BUDGET AND PERSONNEL AMENDMENT DEPARTMENT OF PUBLIC WORKS, PARKS & STREETS 33 - 1065 TELECOMMUNICATIONS 40 - 1450 PARKS ADMINISTRATION The Common Council of the City Of Buffalo does ordain as follows: That part of Section 1 of Chapter 35 of the Code of the City of Buffalo, relating to Department of Public Works, Parks & Streets, 33 -1065 Telecommunications and 40 - 1450 Parks Administration, which currently reads: 33 -1065 Telecommunications 1 Energy Manager $85,000 Is hereby amended to read: 40 - 1450 Parks Administration 1 Deputy Commissioner of Parks, Recreation & Streets $ 85,000 FROM : 13365001 - 411001 Salary $85,000 TO: 14050001 - 411001 Salary $85,000 IT IS HEREBY CERTIFIED, that a personnel requisition incident to the creation of the above-mentioned position, containing a statement of the duties for such position, has been filed with the Municipal Civil Service Commission, and said Commission has approved and certified the position title set forth in the foregoing ordinance as being the appropriate Civil Service title for the proposed position STEVEN J. STEPNIAK, COMMISSIONER OF PUBLIC WORKS, PARKS & RECREATION AND DONNA J. ESTRICH, DIRECTOR OF BUDGET, ADMINISTRATION AND FINANCE, hereby certify that the above change is necessary for the proper conduct, administration and performance of essential services of that department. We recommend that the compensation for said position be fixed at the respective amount set forth in the foregoing ordinance. REFERRED TO THE COMMITTEE ON FINANCE NO. 97 BY: DEMONE A SMITH APPOINTMENTS COMMISSIONERS OF DEEDS REQUIRED FOR THE PROPER PERFORMANCE OF PUBLIC DUTIES That the following person(s) are hereby appointed as Commissioner of Deeds for the term ending December 31, 2010, conditional upon the persons so appointed certifying under oath to their qualifications and filing same with the City of Buffalo Jacquelyn O'Brien Anthony R. Szakacs Susan M. Sanborn Tiffany Rias Alisha Cowan Willie S. Morris TOTAL 6 ADOPTED NO. 98 ANNOUNCEMENT OF COMMITTEE MEETINGS th The following meetings are scheduled. All meetings are held in the Common Council Chambers, 13floor City Hall, Buffalo, New York, unless otherwise noted. Regular Committees Committee on Civil Service Tuesday, November 17, 2009 at 9:45 o’clock AM Committee on Finance Tuesday, November 17, 2009 at 10:00 o’clock AM following Civil Service Committee on Comm. Dev. Tuesday, November 17, 2009 at 1:00 o’clock PM Committee on Legislation Tuesday, November 17, 2009 at 2:00 o’clock PM Special Committees Waterfront Development Thursday, November 19, 2009 at 4:00 o’clock PM (Public Disclaimer): All meetings 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. 99 ADJOURNMENT On a motion by Mr. Fontana, Seconded by Mrs. Russell the Council adjourned at 2:40 PM GERALD CHWALINSKI CITY CLERK NO 1 CALL FOR SPECIAL SESSION October 27, 2009 Mr. Gerald A. Chwalinski City Clerk 1308 City Hall Buffalo, New York Dear Mr. Chwalinski: Pursuant to Section 3.9 of the Charter of the City of Buffalo, upon the written request of Five Councilmembers, dated October 27, 2009 presented to you herewith, I hereby call a Special Meeting of the Common Council to be held in the Council Chambers, City Hall, Buffalo, New York, on October 28, 2009 at 11:30 A.M. and waive the 24 hour notice for the following purpose: To receive and take appropriate action on: All Items Relating To 1.) Mem of Agree BMHA and Local 264- Blue Collar Unit 2.) Mem of Agree BMHA and Local 264- Managerial Unit 3.) Mem of Agree BMHA and Local 264- White Collar Unit Yours very truly, David A. Franczyk President of the Council Pursuant to Rule 2 of the Rules of Order of the Common Council of the City of Buffalo, each of the following named members of the Common Council, to wit: BRIAN DAVIS RICHARD FONTANA JOSEPH GOLOMBEK MICHAEL KEARNS MICHAEL LOCURTO DAVID RIVERA BONNIE E. RUSSELL DEMONE SMITH hereby agrees that twenty-four (24) hours' notice be waived of the time and purpose of the Special Meeting of the Common Council duly called to he held on October 28, 2009 at 11:30 A.M. Richard Fontana David A. Rivera Michael J. LoCurto Bonnie E. Russell Michael P. Kearns Joseph Golombek Jr Brain Davis Demone Smith STATE OF NEW YORK COUNTY OF ERIE) ss: CITY OF BUFFALO) On this 27th day of October 2009, before me, the subscribers, personally appeared To me known to be the same persons described in and who executed the foregoing instrument, and they duly and severally acknowledged to me that they executed the same. Gerald A. Chwalinski Commissioner of Deeds, in and for the City of Buffalo, N.Y. My Commission expires 12/31/10 October 27, 2009 Hon. David A. Franczyk President Common Council 1315 City Hall Buffalo, New York Dear Sir: WE, the undersigned, members of the Common Council, hereby request that you call a Special Meeting of the Common Council, pursuant to Section 3.9 of the Charter of the City of Buffalo, for the following purpose: To receive and take appropriate action on All items pertaining to 1 .) Mem of Agree BMHA and Local 264- Blue Collar Unit 2.) Mem of Agree BMHA and Local 264- Managerial Unit 3.) Mem of Agree BMHA and Local 264- White Collar Unit We request that this Special, Meeting be held on October 28, 2009 at 11:30 A.M. Richard Fontana Michael J. LoCurto Michael Kearns Brian Davis David A. Rivera October 27, 2009 TO EACH MEMBER OF THE COMMON COUNCIL: YOU ARE HEREBY NOTIFIED that, pursuant to Section 3.9 of the Charter of the City of Buffalo, upon the written request of Five Councilmembers, dated October 27, 2009, DAVID A. FRANCZYK, President of the Common Council, has called a Special Meeting of the Common Council, to be held in the Council Chambers, City Hall, Buffalo, New York, on October 28, 2009 at 11:30 A.M. for the following purpose: To receive and take appropriate action on all items relating to 1 .) Mem of Agree BMHA and Local 264- Blue Collar Unit 2.) Mere of Agree BMHA and Local 264- Managerial Unit 3.) Mem of Agree BMHA and Local 264- White Collar Unit Yours very truly, Gerald A. Chwalinski City Clerk NO 2 INFO-MEMORANDUMS OF AGREEMENT BMHA LOCAL 264 Date: 10/28/09 In response to your request for information received by me this morning: 1) Attached is a document which explains the projected costs and savings of the Collective Bargaining Agreement (CBA) with Local 264. 2) Attached are salary schedules for all job titles affected by the CBA. 3) Attached are copies of job descriptions for the three positions being upgraded 1) Housing Aides, 2) Assistant Superintendents, and 3) Housing Managers 4) The BMHA Board has not taken any action regarding non-represented employees. Once the CBA is approved by the Buffalo Fiscal Stability Authority (BFSA), the BMHA Board will then address non-represented employees. As required by the New York State Public Housing Law, any decision made in regard to non-represented employees will require Common Council approval. 5) The most recent BMHA budget and four-year plan approved by the BFSA contained the funds necessary to afford the previous CBA, which was approved by the Common Council. The previous CBA approved by the Common Council cost approximately $400,000 more than the CBA before you now. Approval of this CBA as it spends less money than budgeted, will have no impact to the BMHA budget and four-year plan. RECEIVED AND FILED NO 3 RESOLUTION BY: MR. KEARNS DISCHARGE FINANCE COMMITTEE "MEM OF AGREEMENT BTWN BMHA & LOCAL 264-BLUE COLLAR UNIT" (ITEM #29, C.C.P. OCT 27, 2009) Whereas: The above item is currently in the Finance Committee; and Whereas: It is no longer necessary for this item to be considered by that committee; Now, Therefore Be It Resolved: That this Common Council does hereby discharge the Finance Committee from further consideration of "Mem of Agreement btwn BMHA & Local 264-Blue Collar Unit" (Item #29, C.C.P. Oct 27, 2009) and said item is now before the Common Council for its consideration. ADOPT NO 4 MEM OF AGREE BMHA BLUE COLLAR UNIT To: The Common Council of the City of Buffalo From: Buffalo Municipal Housing Authority Date: October 22, 2009 TO APPROVE THE MEMORANDUM OF AGREEMENT BETWEEN THE BMHA AND LOCAL 264, BLUE COLLAR UNIT, AND RESOLUTION NO. 09.10.19.1 In accordance with Section 32 of the Public Housing Law, we respectfully request that your Honorable Body consider and approve the attached Memorandum of Agreement between the BMHA and Local 264, Blue Collar Unit, and Resolution Nos. 09.10.19.1 that was approved by the BMHA Board of Commissioners at a special meeting held on October 19, 2009. The Memorandum of Agreement includes terms and conditions that apply to all three bargaining units with Local 264 representing Blue Collar, White Collar & Managerial Units as well as items that are specific to each individual unit. Dawn E, Sanders Executive Director PASSED AYES - 9 NOES - 0 NO 5 RESOLUTION BY: MR. KEARNS DISCHARGE FINANCE COMMITTEE "MEM OF AGREEMENT BTWN BMHA & LOCAL 264-MANAGERIAL COLLAR UNIT" (ITEM #30, C.C.P. OCT 27, 2009) Whereas: The above item is currently in the Finance Committee; and Whereas: It is no longer necessary for this item to be considered by that committee; Now, Therefore Be It Resolved: That this Common Council does hereby discharge the Finance Committee from further consideration of "Mem of Agreement btwn BMHA & Local 264-Managerial Collar Unit" (Item #30, C.C.P. Oct 27, 2009) and said item is now before the Common Council for its consideration. ADOPT NO 6 MEM OF AGREE BMHA MANAGERIAL UNIT To: The Common Council of the City of Buffalo From: Buffalo Municipal Housing Authority Date: October 22, 2009 TO APPROVE THE MEMORANDUM OF AGREEMENT BETWEEN THE BMHA AND LOCAL 264, MANAGERIAL UNIT AND RESOLUTION NO. 09.10.19.3 In accordance with Section 32 of the Public Housing Law, we respectfully request that your Honorable Body consider and approve the attached Memorandum of Agreement between the BMHA and Local 264, Managerial Collar Unit, and Resolution No. 09.10.19.3 that was approved by the BMHA Board of Commissioners at a special meeting held on October 19, 2009. The Memorandum of Agreement includes terms and conditions that apply to all three bargaining units with Local 264 representing Blue Collar, White Collar & Managerial Units s well as items that are specific to each individual unit. PASSED AYES - 9 NOES - 0 NO 7 RESOLUTION BY: MR. KEARNS DISCHARGE FINANCE COMMITTEE "MEM OF AGREEMENT BTWN BMHA & LOCAL 264-WHITE COLLAR UNIT" (ITEM #31, C.C.P. OCT 27, 2009) Whereas: The above item is currently in the Finance Committee; and Whereas: It is no longer necessary for this item to be considered by that committee; Now, Therefore Be It Resolved: That this Common Council does hereby discharge the Finance Committee from further consideration of"Mem of Agreement btwn BMHA & Local 264-White Collar Unit" (Item #31, C.C.P. Oct 27, 2009) and said item is now before the Common Council for its consideration. ADOPTED NO 8 MEM OF AGREE BMHA WHITE COLLAR UNIT To: The Common Council From: Buffalo Municipal Housing Authority Date: October 22, 2009 TO APPROVE THE MEMORANDUM OF AGREEMENT BETWEEN THE BMHA AND LOCAL 264, WHITE COLLAR UNIT, AND RESOLUTION NO. 09.10.19.2 In accordance with Section 32 of the Public Housing Law, we respectfully request that your Honorable Body consider and approve the attached Memorandum of Agreement between the BMHA and Local 264, White Collar Unit, and Resolution No. 09.10.19.2 that was approved by the BMHA Board of Commissioners at a special meeting held on October 19, 2009. The Memorandum of Agreement includes terms and conditions that apply to all three bargaining units with Local 264 representing Blue Collar, White Collar & Managerial Units as well as items that are specific to each individual unit. Dawn E. Sanders Executive Director PASSED AYES - 9 NOES - 0 NO. 9 ADJOURNMENT On a motion by Councilmember Fontana, Seconded by Councilmember Smith, The Council adjourned GERALD A. CHWALINSKI CITY CLERK RECEIVED AND FILED