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Home My WebLink About09-0707 (2) No. 14 PROCEEDINGS OF THE CITY OF BUFFALO July 7, 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 .INVOCATION PLEDGE TO FLAG DATE July 7, 2009 FINAL MAYOR 1- A. Waive Permit Fees National Night Out APP MAYOR – EXECUTIVE 2- 1. Strat Plan-Comprehensive and Community Planning APP 3- 2. Strat Plan-Report of Sale-288 Hudson(Ell) APP 4- 3. Strat Plan-Req to Use City Owned Vacant Land-St John Baptist Church 1412 Jefferson(Mas) APP 5- 3A Strat Plan-Abandonment/Sale Dead End portion of Carroll St(Fill) CD 6- 3B Lease Former Scholl# 36 40 Days Park(Ell) APP COMPTROLLER 7- 4. Audit Report-Erie Basin Marina 2007 Season FIN 8- 5. Annual Audit Plan-FY 2009-2010 FIN 9- 6. Capital Debt Serv Fund Deposits 09/10 Fiscal Year R&F 10- 7. Cert of Determination-GI Serial Bonds 2009-A & School Serial Bonds 2009-B R&F 11- 8. Certificate of Necessity-Capital Projects R&F ASSESSMENT 12- 9. Response Info Requested Regarding Budget BUDGET MANAGEMENT INFORMATION SYSTEMS 13- 10. Response Info Requested Regarding Budget BUDGET PUBLIC WORKS 14- 11. Notification Serial #10493 Waive 45 Days R&F 15- 12. Change in Contract-Bailey Genesee Fire Station $291,968.90(Lov) APP 16- 13. Change in Contract-Bailey Genesee Fire Station $3,135,220.56(Lov) APP 17- 14. Change in Contract-Centennial Pool(Ell) APP 18- 15. Change Order-Ohio St Lift Bridge Deck Repair APP 19- 16. Endorsement of COB Appl for Bflo & EC Standing Comm Grant Funding LaSalle Park Improv APP 20- 17. Indemnification Resolution-Erie Canal Harbor Streets Ph. 2(Fill) APP 21- 18. Informational Update South Park Ave Imp(South) R&F 22- 19. Permission to Engage Consulting Eng to Update Hydraulic Model Wtr Sys APP 23- 20. Perm to Enter Amnt With NYSDOT-Milling and Resurfacing Hopkins, McKinley and South Park(South) APP 24- 21. Perm to Enter into Utility Work Agmnt NYSDOT-Landscaping & Retaining Wall Rail Replacement(Mas) APP 25- 22. Perm to Hire Consultant & Enter Agmnt with FHWA & NYSDOT-Hopkins St Bridge(South) APP 26- 23. Proj Mngt Agmnt Bflo Urban Devel Corp-Land Surrounding Union Ship Canal APP 27- 24. Purchase of Computer-Lori Hunt APP 28- 25. Report of Bids-Crosswalks 2009 APP 29- 26. Report of Bids-Resurfacing of City Pavements 2009 APP 30- 27. Report of Bids-Striping 2009 APP 31- 28. Report of Bids-Wtr Distribution Sys Improvements APP 32- 29. SEQR Lead Agency Designation-Centennial Pool Reconst APP 33- 30. SEQR Lead Agency Designation-MLK Park Impr APP FIRE 34- 31. Response Info Requested Regarding Budget BUDGET CORPORATION COUNSEL 35- 32. Claims Committee Meeting CLAIMS PERMITS AND INSPECTIONS 36- 33. Capital Improvement Program Budgeting Process FIN 37- 34. Food Store(New)67 Hertel (North) DENY 38- 35. Food Store(New) 714 Walden (Lov) LEG 39- 36. Response Info Requested Regarding Budget BUDGET 40- 37. Restaurant Dance License(Renewal)884 Main St(Ell) LEG 41- 38. Scrap Processor-266 Hopkins(South) APP 42- 39 Second Hand Dealer-2227 South Park(South) APP 43- 40. Wholesale Junk Dealer-266 Hopkins (South) APP COMMUNITY SERVICESAPP 44- 40A Approval of Service Contract-Back to Basics APP ZONING BOARD OF APPEALS 45- 41. Letter Informing Applicant-Results of Application 402 Clinton St(Ell) R&F 46- 42. Letter Informing Applicant-Results of Application 100 James E Casey Dr R&F 47- 43. Letter Informing Applicant-Results of Application 68 Parker(Del) R&F 48- 44. Letter Informing Applicant-Results of Application 408 South Park(Fill) R&F 49- 45. Letter Informing Applicant-Results of Application 251 Sweet Ave(Fill) R&F 50- 46. Letter Informing Applicant-Results of Application 462 Woodward(Del) R&F CITY CLERK 51- 47. Liquor License Applications R&F 52- 47A Leave of Absence R&F 53- 48. Reports of Attendance R&F 54- 49. Notices of Appointments-Council Interns ADOPT 55- 50. Notices of Appointment-Seasonal R&F 56- 51. Notices of Appointments- Temp/Prov/Perm CS MISCELLANEOUS 57- 52. G. Caver-Gill-Concerns Parking Tickets R&F 58- 53. G. Caver-Gill-Concerns Safety in Neighborhood-Sumner Pl R&F 59- 53 A R. Fontana-Resident Req Information on Homesteading Property FIN,RE 60- 53B T. Dee-ECHDC-Canal Side Planning & Info Session CD 61- 53C M. Kearns-Request for Transportation Meeting TRANS -------53D M. Kearns-City Hall Emails OBJECT 62- 54. M. Kearns-S. Stepniak-Main Street Project-Water for Medians FIN 63- 54A M. LoCurto-Homestead Inc Request Contract Extension and Modification CD 64- 54B Negative Declaration Dead End Portion of Carroll St(Fill) CD 65- 55. L & J Watts-Concerns Overseed Lawn 19 Sydni Lane R&F PETITIONS 66- 55A M. Fadel, Agent, Use 836 Niagara for a Grocery Store(Nia)(hrg 7/14) LEG,CPBD 67- 56. F. Gizzo, Agent, Use 2491 Delaware For A Pole Sign(Del)(no pub hrg) APP W/COND THAT WE RECEIVE PL BD RECOMMENDATIONS 68- 57. A. Halley, Agent, use 1440 Main for a HSF(Del)(no pub hrg) LEG, CPBD,ZONING 69- 58. T. McCann, Agent Use 930 Genesee St for a HSF(Fill)(no pub hrg) LEG, CPBD,ZONING 70- 59. T. McCann, Agent Use 930 Genesee St for an Outpatient Clinic (Fill)(no pub hrg) LEG,CPBD,ZONING 71- 60. J. Warner & O-Oppose Deli 2312 Main St (Del) R&F RESOLUTIONS 111- 61. Davis Permission to Hang Banner on Delaware Avenue APP 112- 61A Franczyk Set Public Hearing Abandonment/ Sale Dead End Portion of Carroll St(Fill) ADOPT 113- 61B Franczyk Approval Abandonment/Sale Dead End Portion of Carroll St(Fill)(hrg 7/21) CD ST 114- 62. Kearns Eliminating Damage to City Parks ADOPT 1 5 RES, REM TO PARKS O/S ST 115- 63. Kearns Indirect Cost Allocation Plan ADOPT 1 4 RES, REM TO FIN 116- 64. Kearns Transfer of Funds-Capital Projects APP 117- 64A LoCurto, etc Req Perm to Conduct 2009 Bflo Italian Festival on Hertel(Del) ADOPT 118- 64B Rivera Ord Amendment Ch 341 Property Maintenance-Chickens LEG 119- 65. Russell Budget & Personnel Amendment-Audit & Control APP 120- 65A Smith Req That Bflo Fire Dept Offer Free Blood Pressure Checks at Firehouse LEG 121- 65B Smith Tobacco Point of Purchase Resolution LEG 122- 66. Smith Felicitations in Memorium ADOPT 123- 67. Smith Comm of Deeds ADOPT SUBMISSION LIST OF COMMITTEE ITEMS FOR THE COUNCIL MEETINGS CIVIL SERVICE 72- 1. Com 47 June 23 Notices of Appointments Temp/Prov/Perm(Cty Clk) R&F FINANCE 73- 2. Com 32 June 23 Abandonment and Sale of Portion of Goodrich St(CC) APP 74- 3. Com 40 June 23 Approval of Contract With PAL for Prog. Assistance to The Bflo Nia Film Comm(Com Svs) APP 75- 4. Com 41 June 23 Approval of Service Contract With UB for the Next Generation Scientist Prog(Comm Svs) APP 76- 5. No 65 June 23 C. Paladino-Concerns Issues Municipal Parking R&F 77- 6. No 75 June 23 Contract for Phase II of Citywide Surveillance Camera Project (Mayor) (#1,6/9) APP 78- 7. Res 86 June 9 Inc Transparency by Req Public Bodies Hold Mtgs in Centralized Locations for Recordings and Airing on CATV(exc res) ADOPT COMMUNITY DEVELOPMENT 79- 8. Com 16 June 23 City Employees Receiving Multiple Salaries(Compt) R&F 80- 9. Com 39 June 23 Approval of Contract with Back to Basics Organization(Comm Serv)_R&F 81- 10. No 67 June 23 J. Rushton-J. Aniello-Reg Item 93 from Common Council Meeting 6/9/09R&F 82- 11. No 80 June 23 Report of Sale 160 Orange(Ell)(Strat Plan)(#14,5/26) RECOMMIT 83- 12. Res 90 June 9 Compelling Transparency-Not for Profit Org the Receive Taxpayer stnd Dollars(except 1 & 2 Res) R&F 84- 13. No 56 June 9 Report of Sale 79 Walden (Fill)(Strat Plan)(#18,5/26) RECOMMIT 85- 14. Com 12 May 26 Report of Sale 159 Landon (Masten)(Strat Plan) APP 86- 15. Com 15 May 26 Report of Sale 95 Richlawn (Masten)(Strat Plan) RECOMMIT 87- 16. Com 47 May 26 Yr 34 Community Development Quarterly Reports 11/1/08-1/31/09(Comm Serv)___ R&F 88- 17. No 63 May 26 N. Jorden-Concerns 20 Ernst Ave R&F 89- 18. No 86 May 26 Results Neg-23 Hauf (Mas)(Strat Plan)(#10,12/23)(#41,1/20)(#58,3/3) APP 90- 19. No 39 Mar 31 J. Eddy-Info Reconstruct Bailey St Bridges R&F LEGISLATION 91- 20. No 70 June 23 J. Digiulio, Use 1669 Hertel Ave for a Sit in Restaurant and Sidewalk Café (Del)(Hrg 6/30) APP W/COND 92- 21. Com 2 June 23 Trailblazing Signs on Kingston Place(South)(Mayor) APP 93- 22. Com 3 June 23 Appt-Johnnie B. Wiley Stadium Board (Mayor) APP 94- 23. Com 33 June 23 Food Store(New)(1256 Hertel (Del)(EDPI) APP W/COND 95- 24. Com 35 June 23 Food Store (New)2312 Main (Del)(EDPI) DENY 96- 25. Com 36 June 23 Lodging House License-1049 Elmwood (North)(EDPI) DENY 97- 26. No 85 June 23 Ord. Amend Ch 341 Property Maintenance (Chickens)(#11, 6/16) R&F 98- 27. No 90 June 23 Food Store-177 Riley(Ell)(EDPI)(#21, 6/9) APP W/COND 99- 28. No 93 June 23 Slaughterhouse 1285 William(Fill)(EDPI)(#24, 6/9) RECOMMIT 100- 29. No 97 June 23 J. Vega, Agent, Use 2 Russell for an Outdoor Patio (Del)(no pub hrg)(#68,5/26) APP W/COND 101- 30. No 65 Apr 28 Restaurant Dance Class III 110 Pearl (Ell)(EDPI) (#24,3/3)(#94,3/31) RECOMMIT 102- 31. No 85 July 22 PMT Linwood LTD(Lynn Murphy), Owner, Use 288 Linwood for A Ground Sign(no pub hrg)(Del) R&F 103- 32. Com 40 July 8 M. LoCurto-Info Second Hand Dealer License(Cty Clk) R&F BUDGET 104- 33. No 56 Apr 14 Second Quarter Gap Sheet-2008-2009 (Compt)(# 9,3/31) R&F 105- 34. No 48 May 12 Operating Budget FY 2009-2010(BSA)(#23,4/28) R&F 106- 35. No 62 May 15 J. Golombek-Report of Permits & Inspection Review Panel R&F 107- 36. Res 135 June 26 The Efficiency Incentive Grant Endowment R&F 108- 37. Com 23 Sept 4 Efficiency Incentive Grant(Compt) R&F nd 109- 38. Res 67 Jan 9 Performance Based Budgeting (Exc. 2 Res) R&F 110- 39. Res 97 Nov 14 Increasing the Local Share of Casino Revenue to the COB R&F CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO TUESDAY, JULY 7, 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 June 23, 2009 were approved FROM THE MAYOR NO. 1 WAIVE PERMIT FEES FOR NATIONAL NIGHT OUT ~I' I am writing to request that Your Honorable Body authorize the waiver of permit fees for block club street closings for the 26 Annual National Night Out, which will be held on August 4, 2009. This nationwide event, sponsored by the National Association of Town Watch provides a unique opportunity for citizens, law-enforcement agencies, businesses, block clubs, and neighborhood associations to participate in a collaborative effort to heighten crime and drug prevention, generate support for anticrime programs, strengthen neighborhood awareness, and build community and police partnerships. Last week, sadly, we lost one of our city's leading National Night Out advocates, a champion of strengthening our residential neighborhoods and one of Buffalo's great community activists, Rosa Gibson. To honor her unwavering commitment to the City of Buffalo, our neighborhoods and our residents, I will dedicate this year's National Night Out in the memory of Rosa Gibson. I urge Your Honorable Body to approve this request at your earliest opportunity to allow all necessary preparations to occur. Mr. Fontana moved th That the Common Council hereby authorizes the waiver of permit fees for block cluib street closings for the 26 Annual National Night Out, which will be held on August 4, 2009 PASSED AYES - 9 NOES - 0 FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE OFFICE OF STRATEGIC PLANNING NO. 2 SUPPORT TO APPLY FOR FUNDING TO THE NEW YORK STATE DEPARTMENT OF STATE BROWNFIELD OPPORTUNITY AREAS PROGRAM, VIA A JOINT APPLICATION WITH THE BUFFALO URBAN DEVELOPMENT CORPORATION (BUDC), FOR THE PURPOSE OF UNDERTAKING A CITY OF BUFFALO, SOUTH BUFFALO STEP 3 BROWNFIELD OPPORTUNITY AREA (BOA) IMPLEMENTATION STRATEGY PROJECT 6/21/04 (NO. 131) The New York State Brownfields Opportunity Area program is a well-designed brownfields program with 90% NYS/10% local funding mix, which has already demonstrated its effectiveness in the City of Buffalo through the Step 2 South Buffalo BOA project. The South Buffalo BOA has been designated by the Governor as a Brownfields Smart Growth Spotlight Community (one of three in NYS), linking the project to the Governor's Smart Growth Cabinet and strengthening state support for its implementation. The Step 3 Implementation Strategy will provide: a description of the techniques and actions required to smartly implement the master plan, detailed planning on key sites to advance their redevelopment, environmental site assessments on strategic brownfield sites, and compliance with the New York State Environmental Quality Review Act (SEQRA) regulations. The total project cost for the South Buffalo BOA Step 3 project is anticipated to be approximately $2,000,000. The requested grant requires a 10% local match, which will be approximately $200,000. It is anticipated that the match will include a $150,000 cash match by the City, with the remaining approximately $50,000 provided by in-kind services from the BUDC and the City of Buffalo Office of Strategic Planning. Common Council authorization is being requested for the City of B'uffalo to: 1) act on behalf of all applicants in all matters related to State assistance for the Project, including submitting the application for funding and executing the State Assistance Contract; 2) complete the South Buffalo BOA Step 3 Implementation Strategy Project; 3) enter into an agreement with the BUDC for the purpose of allocating their in-kind match contribution, in combination with the City in-kind contribution, required to complete the match funding for the BOA Step 3 grant; and 4) provide for the 10% local match for the grant. Mr. Fontana moved: That the above communication from the Office of Strategic Planning dated July 7, 2009, be received and filed; and That the City of Buffalo, through its Office of Strategic Planning, is hereby authorized to: Act of behalf of all applicants in all matters related to State Assistance for the City of Buffalo, South Buffalo - Step 3 Brownfield Opportunity Area (BOA) Implementation Strategy Project, including submitting the application for funding and executing the State Assistance Contract; Complete the South Buffalo BOA Step 3 Implementation Strategy Project; Enter into an Agreement with the BUDC for the purpose of allocating their in-kind match contribution, in combination with the City in-kind contribution, required to complete the match funding for the BOA Step 3 grant; and Provide for the 10% local match for the grant. PASSED AYES - 9 NOES - 0 NO. 3 REPORT OF SALE 288 HUDSON, 100' NE WEST LOT SIZE: 35' X 110' ASSESSED VALUATION: LAND $5,200. IMPROVEMENT: $19,800. TOTAL $25,000. (ELLICOTT DISTRICT) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Dennis Stephens and Mr. John Stephens, 49 Pawnee Parkway, Buffalo, New York 14210 to purchase 288 Hudson Street. Dennis and John Stephens intend to renovate the dwelling. John Stephens will reside in one of the apartments and rent the other for rental income. The estimated cost of renovations is Fifty Five Thousand Six Hundred Dollars ($55,600.00). They have provided proof of financial ability to complete the purchase and repair of the property, in the amount of Fifty Eight Thousand Dollars ($58,000.00). The property consists of 3,661 square feet, two and one half story frame, two family dwelling in poor condition situated on a lot 35' x 110'. The property was acquired by the City through In Rem #40 in October 2006. There have been no other 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 purchasers. The Division of Real Estate has investigated the sale of similar properties in the subject area. Sales range from Two Dollars ($2.00) to Eight Dollars and Sixty Cents ($8.60), per square foot of living area. The report of the sale is that Dennis and John Stephens have agreed and are prepared to pay Seven Thousand Five Hundred Dollars ($7,500.00), Two Dollars ($2.00) per square foot of living area 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 288 Hudson to Mr. Dennis and Mr. John Stephens in the amount of Seven Thousand Five Hundred Dollars ($7,500.00). 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. Mr. Fontana moved: That the above communication from the Office of Strategic Planning dated June 11, 2009, be received and filed; and That the Offer from the Messrs. Dennis and John Stephens, 49 Pawnee Parkway, in the sum of seven thousand and five hundred dollars ($7,500.00) for the purchase of 288 Hudson 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. 4 REQUEST TO USE CITY OWNED VACANT LAND - ST. JOHN BAPTIST CHURCH 1412 JEFFERSON, S CORNER OF WOODLAWN LOT SIZE: 96' X 100' (MASTEN DISTRICT) The Office of Strategic Planning, Division of Real Estate has received a request from Deacon Larry Webster, Co-Chair Evangelistic Ministry on behalf of St. John Baptist Church to use 1412 Jefferson for their annual tent revival. St. John Baptist Church intends to have a tent revival from July 21,2009 through July 23, 2009. They have agreed to obtain and provide proof of insurance in the amount of $1,000,000.00 naming the City of Buffalo as additional insured. The Land Use Planning Committee was contacted and they have no objections. I am recommending that Your Honorable Body approve the request of St. John Baptist Church to use 1412 Jefferson Avenue upon the above terms and conditions. I am further recommending that the Office of Strategic Planning prepare and execute the necessary use agreement. Mr. Fontana moved: That the above communication from the Office of Strategic Planning dated June 30, 2009, be received and filed; and That the request of Deacon Larry Webster, Co-Chair Evangelistic Ministry on behalf of St. John Baptist Church to use 1412 Jefferson, City-owned vacant land, for its annual tent revival, provided that it provide proof of insurance in the amount of $1,000,000.00, naming the City of Buffalo as additionally insured is hereby approved and; That the Office of Strategic Planning is authorized to prepare and execute the necessary use agreement. PASSED AYES - 9 NOES - 0 NO. 5 ABANDONMENT AND SALE/RESULTS OF NEGOTIATIONS FOR THE DEAD END PORTION OF CARROLL STREET APPROXIMATELY 50' WIDE BY 57 ' ON THE SOUTH LINE AND 88' ON THE NORTH LINE OF CARROLL STREET The Office of Strategic Planning, Division of Real Estate, has received a request from Mr. Joseph A. Petrella, on behalf of Mill Race Commons, LLC, 726 Exchange Street, Suite 600, Buffalo, New York 14210 to purchase the easterly end of Carroll; Street (dead end portion). Mill Race Commons, LLC owns all three sides of the portion of Carroll Street that is in question. They have indicated that the purchase of Carroll Street is needed to advance the construction of a new 90,000 square foot, three-story retail and commercial office building fronting on Exchange and Smith Streets. The project will be completely privately funded with an estimated construction cost of $7.5 million. The design approved by the Planning Board included the construction of a west building on a portion of Carroll Street. Their marketing research drove the design and the resulting footprint of the buildings. In order to have marketable floor plates and to further facilitate the rehabilitation of existing buildings along Seneca Street, they are requesting to purchase the dead end easterly portion of Carroll Street. The Division of Real Estate has contacted the Land Use Planning Committee, Public Works, Parks & Streets, Buffalo Sewer Authority, Fire and Police and there were no objections to the abandonment and sale of a portion of the dead end easterly portion of Carroll Street. The City Planning Board was also contacted and the approved the design and site plan on 1/29/08 and they approved the abandonment and sale of a portion of Carroll Street on 5/6/08. The subject property is sold on condition that acceptable easements or other agreements shall be made between any public or private utilities if any that presently have legal overhead or underground lines, mains or cables within the right of way. Secondly, that the official closing/abandonment of the dead end portion of Carroll Street will not become effective until the deed conveying title of the property is filed in the Erie County Clerk's Office. The City of Buffalo will transfer title of a portion of Carroll Street on a Quit Claim Deed subject to covenants, easements, restrictions and rights of way of record, if any now in force. An independent appraisal of the property was conducted by Christopher D'Andrea of Emminger, Hyatt, Newton & pigeon, Inc. He has estimated the value of the property to be Two Thousand Two Hundred Dollars ($2,200.00) or approximately .60 per square foot. The comparables used by the Appraiser showed a range of value from .49 to 1.76 per square foot. The Appraisal Review Board reviewed the appraisal report and they have determined that value of the property should be $1.75 per square foot or Six Thousand Three Hundred Dollars ($6,300.00). Joseph A. Petrella on behalf of Mill Race Commons, LLC has agreed and is prepared to pay Six Thousand Three Hundred Dollars ($6,300.00) for said property. They have also agreed to pay for the cost of the appraisal, transfer tax and recording fees. Also, attached to this communication is Part I of the SEQR Short Environment Assessment Form, which was prepared by the project sponsors and Internal Review of SEQR Applicability prepared by the Office of Strategic Planning, Division of Real Estate on behalf of the Common Council as an involved Agency. The proposed action is an Unlisted Action as defined by SEQR. As a result of an initial project review, it appears that the project as a whole will not result in significant adverse impacts on the environment. Please be advised that in accordance with Abandonment Public Hearing Statue, General City Law Chapter 21of the Consolidated Laws, Article 3 Official Maps and Planning Boards, Section 29 Official Map Changes, it is now necessary for your Honorable Body to set a date for a public hearing, and to direct the publication of a notice of said hearing. In the interest of time and anticipating that Your Honorable Body is willing to expedite this matter, I have taken the liberty to prepare a Resolution together with a Notice of Public Hearing for your action. Forwarded separately are the following documents: 1. Resolution setting Public Hearing 2. Notice of Public Hearing 3. Negative Declaration 4. Resolution approving proposed transfer After the public hearing is held and providing there are no significant objections, I am recommending that Your Honorable Body first approve the Negative Declaration (determination of non-significant on the environment) for this undertaking, as per SEQR, for this project. The project is an unlisted action, as defined by SEQR. The Negative Declaration must be approved as a separate action and must be approved prior to the approval of the abandonment and sale and approval of transfer of title. Secondly, I am recommending that Your Honorable Body approve the abandonment and sale and transfer of title to dead end portion of Carroll Street in accordance with Article 27.5 of the City Charter to Mill Race Commons, LLC in the amount of Six Thousand Three Hundred Dollars ($6,300.00) with the following conditions: That acceptable easements or other agreements shall be made between any public or private utilities if any that presently have legal overhead or underground lines, mains or cables within the right of way. 2. The official closing/abandonment of the dead end portion of Carroll Street will not become effective until the deed conveying title of the property is filed in the Erie County Clerk's Office. The City of Buffalo will transfer title of a portion of Carroll Street on a Quit Claim Deed subject to covenants, easements, restrictions and rights of way of record, if any now in force. I am recommending that the Corporation Counsel prepare the necessary documents for the transfer of title and the Mayor be authorized to execute the same. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 6 LEASE FORMER SCHOOL NO. 36 LOCATED AT 40 DAYS PARK LOT SIZE: 385 X 126 SQUARE FOOTAGE: 37,075 SQ. FT. (GBA) ASSESSED VALUE: $891,600 ELLICOTT DISTRICT ITEM NO. 66, C.C.P. 5/12/2009 In the above referenced item Your Honorable Body authorized the Office of Strategic Planning, Division of Real Estate to negotiate a temporary lease agreement for Tapestry Charter School to use School No. 36 located at 40 Days Park while renovations are being completed at their new location, Item No. 66, C.C.P. 5112109. The Tapestry Charter School has commissioned Klauk, Lloyd & Wilhelm, Inc. to prepare an appraisal in order to estimate the fair rental value. The fair rental value was estimated at Four Dollars and Twenty-Five Cents ($4.25) per square foot. The City of Buffalo Appraisal Review Board reviewed the appraisal and concurs with the value established by the Appraiser. Tapestry Charter Schools has submitted a draft lease. The Office of Strategic Planning and the Lessee have agreed to the following terms: 1 The term of the lease shall be 12 months commencing on August 1, 2009 and expiring on July 31, 2010. 2. The rental fee was established at a rate of $4.25 per sq. ft. or $157,573.00 to be paid in monthly installments of $13,131.081 With the fist payment due on commencement date and successive payments to become due on the first day of each subsequent calendar month. In the event any payment of rent is not paid by the tenth day after which it is due, a one-time late charge of 5% for each dollar not paid may be charged by the Landlord. 3. Lessee is responsible (at their own expense) for minor repairs and maintenance. 4. The City will be responsible for all major repairs and capital improvements including but not limited to replacement of roof, exterior walls, foundation, underground storage tank and related systems. In the event that the City shall fail to perform any such item of repair, replacement, capital improvement or maintenance, then and in that event, the Tenant shall have the right to perform any such function and deduct the actual costs thereof from the rent due. 5. The tenant will obtain directly apply and pay for all utility services (including without limitation, sewer service, water service, heat, electricity, garbage user fee, etc.) 6. Lessee will provide to the City of Buffalo the required liable insurance. Type and amount of insurance to be determined by the City of Buffalo Corporation Counsel's Office. I am recommending that Your Honorable Body approve the fair rental value in the amount of $157,573.00 to be paid in monthly installments of $13,131.08. I further recommend that the Corporation Counsel be authorized to prepare a lease agreement based upon the listed terms and conditions and any other terms and conditions deemed necessary. I finally recommend that the Common Council authorize the Mayor to execute the lease on behalf of the City of Buffalo. Mr. Fontana moved That the Corporation Counsel be authorized to prepare a lease agreement based upon the listed terms and conditions and any other terms and conditions deemed necessary and that the Council Authorizes the Mayor to execute the lease on behalf of the City of Buffalo upon the terms and conditions stipulated in the above item PASSED AYES - 9 NOES - 0 FROM THE COMPTROLLER NO. 7 AUDIT REPORT -ERIE BASIN MARINA 2007 SEASON We have performed a review of the operation of Erie Basin Marina as managed by the Department of Public Works, Parks & Streets for the 2007 season. The Department oversees the work of a contract vendor, Brand-On Services, Inc. ("Brand-On"). We present here our conclusions, as well as other such findings as we believe are appropriate. It was the objective of this Audit to review the activities and processes utilized by the Department and Brand-On during the audit period in order to monitor contract compliance, the accuracy of record-keeping and its effect on revenue. We performed on-site visits to Erie Basin Marina during and after the 2007 season. It is clear that the current vendor has a great deal of control over activities along Buffalo's waterfront. However, there is a lack of true accountability over what happens at the Marina. As a result, revenue and opportunities to change are being lost to the City. Our findings and recommendations are explained in greater detail in the attached Audit Report. An exit conference took place on July 1, 2009. To his credit, the current Commissioner has done much to address certain deficiencies during the subsequent season, and is actively addressing other concerns consistent with this report. Still, there may be merit in taking a long hard look at revisiting the contractual basis for operating the Marina. If you have any further questions on this matter, please feel free to contact the Department of Audit and Control. REFERRED TO THE COMMITTEE ON FINANCE. NO. 8 ANNUAL AUDIT PLAN FISCAL YEAR 2009-2010 Pursuant to the requirements of Section 7-5 of the Charter of the City of Buffalo, I hereby submit the Annual Audit Plan for the fiscal year 2009-2010. BERC - A continuation of the audit brought about by allegations related to the One Sunset loan. The audit will look at other loans and BERC's lending practices. Common Council Staff- (as required by Charter Section 7-5(5)): This will study the time and attendance policies utilized with this exempt group of employees. Human Resources Department (Division of Compensation and Benefits): We will perform an efficiency and internal control review of the health care billing process. Economic Development, Permit and Inspection Services Department - demolitions: We will look into the bid process, the timeliness of payment, accuracy of record-keeping, and timeline for awarding of demolition work to completion. Management Information Systems Department - inventory control policy: As thousands of dollars are spent on new equipment each year, it is reasonable to inspect what goes where and how the replacement schedule is determined. Electronic Accessories (cellphones, Blackberrys, laptops) and take-home vehicle compliance: City-owned equipment is literally floating around the City on a daily basis. It is time to develop an inventory of who has what and to ensure that safeguards exist to prevent abuse. Division of the Treasury - cash management: This should be a routine audit of the checks and balances of the City's daily cash intake system. Division of Water - revenue: This should be a routine audit of American Water's revenue tracking and internal controls. Petty Cash - We will inspect how various City departments manage and account for their petty cash. This may also include surprise counts of selected departments at various times. In addition, the Division of Audit will stand ready to conduct timely investigations that may arise in the course of the year as warranted. It is our goal to route out inefficiencies in City departments and agencies and address gross improper practices as they arise. As always, if you have any questions, please feel free to contact this office. REFERRED TO THE COMMITTEE ON FINANCE NO. 9 ACCOUNTING CAPITAL DEBT SERVICE FUND DEPOSITS - 2009/2010 FISCAL YEAR Certificate Number 1-09110 of the Comptroller of the City of Buffalo, New York, relative to the Capital Debt Service Fund of said city, stating the amounts to be deposited therein and paid therefrom for the period Commencing July 1, 2009 and ending June 30. 2010 I, Andrew A. SanFilippo, Comptroller of the City of Buffalo, New York, in accordance with the provisions of Section 202 of the resolution entitled: "Enabling Resolution of the City of Buffalo, New York, Establishing a Capital Debt Service Fund, Determining the Terms and Conditions of Such Fund and Other Matters in Connection Therewith, and Providing for the Rights of Holders of Capital Debt Obligations of the City." duly adopted by the Common Council on March 8, 1977, and pursuant to the duties of the chief fiscal officer set forth therein, Do Hereby Certify as follows: 1. The Capital Debt Service Fund Requirements for the fiscal year commencing July 1, 2009 and ending June 30, 2010 is $55,912,241. 2. The portion of said Capital Debt Service Requirement allocated to the First Collection Period (July 1, 2009 through and including November 30, 2009), is $24,046,300. 3. The portion of said Capital Debt Service Requirement allocated to the Second Collection Period (December 1, 2009 through and including June 30, 2010), is $31,865,941. 4. The First Collection Period portion of the Capital Debt Service Requirement is due and payable during the period commencing July 1, 2009 and ending December 31, 2009 on the obligations, in the amounts, on the dates, and at the place or places as set forth below: Obligation Amount Due Date Due Place Due Serial Bond $ 663,903.75 July 31,2009 Deutsche Bank, New York, New York York, New York Serial Bond 48,990.00 July 31,2009 HSBC, New York, New York Serial Bond 1,693,717.52 July 31,2009 M&T Trust, Buffalo, New York Serial Bond 3,073,474.05 August 14, 2009 M&T Trust, Buffalo, New York Serial Bond 17,360.00 October 1, 2009 BNY, Newark, New Jersey Serial Bond 272,608.20 October 1, 2009 M&T Trust, Buffalo, New York Serial Bond 2,295.00 October 30, 2009 BNY, Newark, New Jersey Serial Bond 7,247,476.89 November 13, 2009 M&T Trust, Buffalo, New York Serial Bond 952,470.00 December 1, 2009 Deutsche Bank, New York, New York Serial Bond 1,962,920.00 December 1, 2009 HSBC, New York, New York Serial Bond 5,215,471.88 December 1, 2009 M&T Trust, Buffalo, New York Serial Bond 2 895 612.50 December 15, 2009 M&T Trust, Buffalo, New York $ 24,046,299.79 5. The aggregate amount to be deposited by the Director of the Treasury with the M&T Trust Company, Buffalo, New York, commencing on July 1, 2009 is $19,148,120. 6. The Second Collection Period portion of the Capital Debt Service Requirement is due and payable during the period commencing January 1, 2010, and ending June 30, 2010, on the obligations, in the amounts, on the dates, and at the place or places as set forth below: Obligation Amount Due Date Due Place Due Serial Bond $ 13,787,669.70 Jan. 15, 2010 M&T Trust, Buffalo, New York Serial Bond 2,150,903.75 Feb. 1, 2010 Deutsche Bank, New York, New York Serial Bond 2,178,990.00 Feb. 1, 2010 HSBC, New York, New York Serial Bond 8,383,717.52 Feb. 1, 2010 M&T Trust, Buffalo, New York Serial Bond 137,360.00 April 1, 2010 BNY, Newark, New Jersey Serial Bond 2,059,225.00 April 1,2010 M&T Trust, Buffalo, New York Serial Bond 92,295.00 April 30, 2010 BNY, Newark, New Jersey Serial Bond 1,374,564.38 May 14, 2010 M&T Trust, Buffalo, New York Serial Bond 328,742.50 June 1, 2010 Deutsche Bank, New York, New York Serial Bond 270,682.50 June 1, 2010 HSBC, New York, New York Serial Bond 561,421.87 June 1, 2010 M&T Trust, Buffalo, New York Serial Bond 540 368.75 June 15, 2010 M&T Trust, Buffalo, New York $ 31,865,940.97 7. The aggregate amount to be deposited by the Director of the Treasury with the M&T Trust Company, Buffalo, New York, commencing on December 1, 2009 is $21,936,684. 8. Pursuant to Section 202 (b) of said Enabling Resolution, the Director of the Treasury shall deposit the amounts shown in Section 5 and 7 hereof in the Capital Debt Service Fund held by the Trustee, M&T Trust Company, Buffalo, New York, immediately upon receipt of any payment of or on account of any City ad valorem property taxes, until the amount deposited during each Collection Period is equal to the amount shown in Section 5 and 7, respectively. 9. I have this day delivered a copy of Certificate Number 1-09-10 to the Director of Treasury and to the Fleet Bank, Buffalo, New York. IN WITNESS WHEREOF, I have hereunto set my hand this 1st Day of July, 2009. RECEIVED AND FILED NO. 10 CERTIFICATE OF DETERMINATION $21,500,000 GI SERIAL BONDS 2009- A AND $3,530,000 SCHOOL SERIAL BONDS 2009-B FOR PRIVATE SALE For your information, attached please find the Comptroller's Certificate of Determination for $21,500,000 General Improvement Serial Bonds 2009-A and $3,530,000 School Serial 2009-B. This document provides the terms and conditions for the private sale of bonds aggregating $25,030,000 by the City of Buffalo. The City will be closing on Tuesday, June 30, 2009. RECEIVED AND FILED NO. 11 CERTIFICATE OF NECESSITY TRANSFER OF FUNDS CAPITAL PROJECTS We, Byron W. Brown, Mayor and Andrew A. SanFilippo, Comptroller, do hereby certify, pursuant to §20-12 of the Charter, that the sum of $780,552 be transferred and reappropriated in Capital Improvements. The details of the requirements are set forth below: From: 30000106-445100 Planning Capital Projects $780,552 To; 31310406-445100 Infrastructure repair/replacement $500,000 30320606-445100 Building Improvements $280,552 Dated: Buffalo, NY, June 22, 2009 RECEIVED AND FILED FROM THE COMMISSIONER OF ASSESSMENT AND TAXATION MEMORANDUM NO. 12 INFORMATION TO BE FURNISHED AT COMMON COUNCIL BUDGET HEARINGS In response to the April 30, 2009 request for information from Common Council Budget Committee Chairman Richard A. Fontana, the Department of Assessment and Taxation is pleased to submit the following: 1. List of all employees who are assigned a mobile telecommunication device (e.g., cellular/smart phones), the make and model of such devices (e.g. Apple I-Phone) and a description of the service plan(s). No employee in this department had any type of cell phone or other actual telecommunication device paid for by the City of Buffalo. However, Fourteen employees are each assigned one Verizon (Internet Modem) Air Card. The list of employees with an air card is attached hereto. The annual cost of air cards amounts to $10,200. The Verizon Air Cards are used with the employee's Iaptop computer for assessment related fieldwork allowing the employee to communicate with the City Hall assessment database while in the field. The initial cost of each lap top computer for this fieldwork capability was paid for by a grant. No additional telecommunication devices what so ever are supplied to this department or any department employees or paid for by the City of Buffalo. 2. List of employees who are assigned the use of a take home city vehicle. No employees of this department have the use of a city vehicle for any reason at anytime. 3. Number of employees who are granted use of, or assigned, gas cards, debit or charge cards, procurement cards, Metro rail or bus passes. No employees of this department are granted use of, or assigned, gas cards, debit or charge cards, procurement cards, Metro rail or bus passes. 4. List of all travel contemplated along with the purpose, location and anticipated cost. No travel is contemplated for Department of Assessment and Taxation employees. 5. List of all positions that currently remain vacant and the amount of time that has elapsed since the vacancy occurred. We have no vacant positions within the department We have one employee on an approved, extended and unpaid medical leave of absence. The employee is scheduled to return to full time employment status on or before June 28, 2009. 6. List of all officers, appointees and employees who, in addition to receiving a salary from the City of Buffalo, draw a separate salary from any allied city agency. No officer, appointee or employee of this department draws a separate salary from an allied city agency. 7. List of all officers, appointees and employees, along with their position or title, whose salary will be fully or partially paid for using grant funding (e.g., Community Development Block Grant). No officers, appointees and employees of this department have salary fully or partially paid for using grant funding (e.g., Community Development Block Grant). 8. List of all personal service contracts along with the length of such contract and its associated cost to the City. This department has not entered into any personal service contracts. 9. List of all current officers, appointees and employees, along with their position or job title, for whom a NYS retirement system form CSC-20 has been filed with the NYS Department of Civil Service pursuant to Section 211 of the Retirement and Social Security Law that provides for the re-employment of a retiree on an exceptional basis with out loss or diminution of pension. No such employee has been hired in this department. The Department of Assessment and Taxation has not filed a retirement system form CSC-20 to rehire any retiree on an exceptional basis and has no employees who are retirees. REFERRED TO THE SPECIAL COMMITTEE ON BUDGET FROM THE COMMISSIONER OF MANAGEMENT INFORMATION SYSTEMS NO. 13 INFORMATION REQUESTED BY COMMON COUNCIL REGARDING BUDGET HEARINGS ITEM AVAILABLE FOIR REVIEW IN THE CITY CLERK’S OFFICE REFERRED TO THE COMMITTEE ON BUDGET FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO. 14 NOTIFICATION SERIAL # 10493 REPEAL HANDICAPPED PARKING PEARL STREET, WEST SIDE PARKING METER NUMBER 140 ( ELLICOTT DISTRICT) HANDICAPPED PARKING - REPEAL in conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 26 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: HANDICAPPED PARKING HANIDCAPPED PARKING LOCATIONS PERIOD OF HANDICAPPED PARKING Pearl Street, west side At all Times Parking Meter number 140 This action is being taken at the request of Guaranty Building Associates to make better use of curbside space at this location in conjunction with relocation of loading zone. (see next serial) Waive the 45 Days RECEIVED AND FILED NO. 15 CHANGE IN CONTRACT [: BAILEY GENESEE FIRE STATION [: CONSTRUCTION [: JOB #0722 [: LOVEJOY DISTRICT I hereby submit to Your Honorable Body the following changes for the Bailey Genesee Fire Station, Construction, Electrical Work, Goodwin Electric Corp., C #93000109. 1. Verizon Line Transfer and pole removal Add $5,590.90 The foregoing change results in a net increase in the contract of Five Thousand Five Hundred Ninety and 90/100 Dollars ($5,590.90). Summary Original Contract Amount $279,900.00 Change Order #1 Add $4,497.00 Change Order #2 Add $1,300.00 Change Order # 3 Add $681.00 Amount of this change order(#4) Add $5,590.90 Revised Contract Amount $291,968.90 Costs have been reviewed by the consulting architect (Chaintreuil Jensen & Stark) and the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work will be available in 30320106 445100 - Division of Buildings Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated June 26, 2009, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to execute Change Order #4 in the amount of $5,590.90 for the Bailey Genesee Fire Station, Construction, Electrical Work Contract to Goodwin Electric Corp., C #93000109. Funds for the project are available in Account #30320106-445100 -Division of Buildings. PASSED AYES - 9 NOES - 0 NO. 16 CHANGE IN CONTRACT BAILEY GENESEE FIRE STATION CONSTRUCTION JOB #0722 LOVEJOY DISTRICT I hereby submit to Your Honorable Body the following changes for the Bailey Genesee Fire Station, Construction, General Construction, Rodems Construction Co., Inc., C #93000104. 1. Remove existing damaged walk at north end of Bailey Avenue; furnish and install new concrete walk (#126-14). Add $1,508.77 2. Furnish and install a special epoxy primer at the Add $3,930.96 Apparatus Bay due to the higher moisture content in the floor (#126-15rl). Summary Original Contract Amount $3,036,000.00 Change Order #1 Add $40,111.71 Change Order #2 Add $4,271.07 Change Order #3 Add $49,398.05 Amount of This Change Order (#4) Add $5,439.73 Revised Contract Amount $3,135,220.56 Costs have been reviewed by the consulting architect (Chaintreuil Jensen & Stark) and the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work will be available in 30320106 445100 - Division of Buildings. Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated June 26, 2009, be received and flied; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to execute Change Order #4 in the amount of $5,439.73 (walk removal and concrete installation ($1,508.77) + epoxy primer installation at the Apparatus Bay ($3,930.96) = $5,439.73) for the Bailey Genesee Fire Station, Construction, General Construction Contract to Rodems Construction Co., Inc., C #93000104. Funds for the project are available in Account #30320106-445100 - Division of Buildings. PASSED AYES - 9 NOES - 0 [ NO. 17 CHANGE IN CONTRACT CENTENNIAL POOL ALTERATIONS JOB #0835 ELLICOTT DISTRICT I hereby submit to Your Honorable Body the following changes for the Centennial Pool, Alterations, General Construction. RW Construction Inc, C #93000312 1. Remedial earthwork required at the existing water line Add $25,007.00 Excavation which was discovered to be broken outside the building when the water Service was turned on. Work entailed re-excavating around the water line, benching the earth at each side for safety and bedding/backfilling the excavation. The foregoing change results in a net increase in the contract of TwentyFive Thousand Seven Dollars and 00/100 ($25,007.00) Summary Original Contract Amount $2,263,660.00 Amount of this Change Order (#1) $25,007.00 Revised Contract Amount $2,288,667.00 Costs have been reviewed buy the consulting architect(Hamilton, Houston, Lownie) And the Department of Public Works, Parks and Streets and were found to be fair and equitable. Funds for this work are available in 39400206 445100- Division of Buildings. Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated June 26, 2009, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to execute Change Order #1 in the amount of $25,007.00 (remedial earthwork) for the Centennial Pool, Alterations, General Construction Contract to R.W. Construction Co., Inc., C #93000312. Funds for the project are available in Account #39400206-445100 - Division of Buildings. PASSED AYES - 9 NOES - 0 NO 18 OHIO ST LIFT BRIDGE DECK REPAIR CONTRACT CHANGE ORDER #1 Item Number 11 of the Common Council Proceeding of October 28, 2008 allowed the Department of Public Works permission to enter a contract to replace the South Approach Deck on the Ohio Street Litt Bridge. As the demolition of the deck progressed it became apparent that additional steel repairs and concrete work would be necessary to complete the project. Therefore I am respectfully requesting permission of Your Honorable Body for the following change order: Original contract $217,415.00 Change Order# 1 $14,014.60 Final Contract Value $231,429.60 I hereby certify that this change order is fair and equitable for the additional work that was completed. Funding for the change order is available in account 31310606-445100. Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated June 30, 2009, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to execute Change Order #1 in the amount of $14,014.60 (additional steel repairs and concrete work for the South Approach Deck on the Ohio Street Lift Bridge) to the Ohio Street Lift Bridge Deck Repair Contract. Funds for the project are available in Account #31310606-445100. PASSED AYES - 9 NOES – 0 NO. 19 ENDORSEMENT OF THE CITY OF BUFFALO'S APPLICATION FOR BUFFALO AND ERIE COUNTY STANDING COMMITTEE GRANT FUNDING LASALLE PARK IMPROVEMENTS The New York Power Authority Relicensing Settlement funds are available for projects promoting the Niagara River Greenway. The purpose of the grant funding is to enhance access to the waterfront and to increase the number of people utilizing waterfront features and activities. The application process requires an approval or endorsement of the governing body, consultation with the Niagara River Greenway Commission and application to the Buffalo and Erie County Standing Committee. There is no City match required for this funding. The Department requests your Honorable Body to endorse the City of Buffalo application for up to $700,000 for improvements to LaSalle Park including a new playground, picnic shelter, park amenities and entrance improvements. Further, the Department requests your Honorable Body to authorize the Mayor to apply for said funding, and for the Mayor, or myself, or appropriate staff to carry out all other actions required to receive the grant, including the approval of an interfund loan if needed to commence the project. In the interest of time and anticipating that Your Honorable Body is willing to expedite this matter, I have taken the liberty to prepare a Resolution for your consideration. Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated June 30, 2009, be received and filed; and That the Common Council hereby endorses the City of Buffalo's application for up to $700,000.00 for improvements to LaSalle Park, including a new playground, picnic shelter, park amenities and entrance improvements. Further, the Council authorizes the Mayor to apply for said funding and for the Mayor or the Commissioner of Public Works, Parks and Streets and/or his staff to carry out all other actions required to receive the grant, including the approval of an interfund loan if needed to commence the project. PASSED AYES - 9 NOES - 0 [ NO. 20 INDEMNIFICATION RESOLUTION ERIE CANAL HARBOR STREETS - PH. 2 PIN #5755.99 FILLMORE DISTRICT As Your Honorable Body is aware, the City will be recreating and constructing cobblestone streets in the inner harbor area beneath the skyway. In order to proceed with portions of the required work on NYSDOT R.O.W., a Use and Occupancy permit is required. This permit, #51109, has been prepared by the NYSDOT and submitted to the City for processing. One of the conditions of the permit is a resolution authorizing indemnification of the People of the State of New York from claims that could result from the use of N.Y. State right-of-way. Since the City is self-insured, the State requires a resolution as follows: Whereas: the City of Buffalo is permitted use of certain State right-of-way as described in Use and Occupancy Pernit #51109, for the purpose of construction of the Erie Canal Harbor Streets - Phase II project and; Whereas: the City of Buffalo is self-insured and therefore unable to provide evidence of General Liability Insurance coverage issued by an insurance carrier to do business in the State of New York, for the protection of the People of the State of New York and permit area; and Now, Therefore Be It Resolved: That the City of Buffalo hereby agrees to defend and indemnify the People of the State of New York against any claims, suits, demands or judgments by reason of bodily injury, including death and for any claims resulting in property damage occurring on or in proximity to the construction area; and Be It Further Resolved: That the Common Council of the City of Buffalo is authorizing a resolution, for the Mayor to sign, an Indemnification Agreement on behalf of the City of Buffalo. Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated June 29, 2009, be received and filed; and That the Common Council hereby resolves and states: That the City of Buffalo hereby agrees to defend and indemnify the People of the State of New York against any claims, suits, demands or judgments by reason of bodily injury, including death and for any claims resulting in property damage occurring on the area embodied by Use and Occupancy Permit #51109, relating to Erie Canal Harbor Streets - Ph. 2 - PIN #5755.99. That the Mayor is authorized to sign an Indemnification Agreement embodying the aforementioned material terms, on behalf of the City of Buffalo. PASSED AYES - 9 NOES - 0 NO. 21 INFORMATIONAL UPDATE SOUTH PARK AVENUE IMPROVEMENTS PIN 5758.89 CITY OF BUFFALO, COUNTY OF ERIE SOUTH DISTRICT CCP#128 9/16/2008 On September 16, 2008, CCP # 128 granted permission to this Department to enter all necessary agreements for the design, inspection and construction of the South Park Avenue Improvements project. At the time of that correspondence, $2.3M was designated by Federal, State and Local agencies for the project. As an informational update, the City was granted both Stimulus monies and a Transportation Enhancement Program grant for this project. The grant included funding for improvements along South Park between Bailey and Dorrance and along Tifft Street from South Park to Fuhrmann Boulevard. With the additional funds the project is now valued at $3.8M. The project is on schedule to be bid this fall and be completed by the end of 2010. RECEIVED AND FILED NO. 22 PERMISSION TO ENGAGE SERVICES OF CONSULTING ENGINEER TO UPDATE THE HYDRAULIC MODEL FOR THE WATER SYSTEM ITEM NO. 12, C.C.P. 03/03/09) I respectfully request that Your Honorable Body authorize the Department of Public Works, Parks and Streets to grant permission to hire a consultant to update the existing WaterCAD hydraulic model for the water distribution system. The existing water transmission hydraulic was developed in 1997 and needs to be updated and recalibrated given changes in pumping, availability of metered consumption data, completion of pertinent capital projects, and the proposed new high service pumping equipment at the Colonel Ward and Mass. Avenue pump stations. The costs for consulting services are estimated not to exceed $100,000.00. The funds are available in a Division of Water accounts 53210726 445100 and 53023517 473020. This item was previously approved. The following account has been added to this communication: 53210726 445100. Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated June 29, 2009, be received and filed; and That the Common Council hereby authorizes the Department of Public Works, Parks and Streets to hire a consultant to update the existing WaterCAD hydraulic model for the water distribution system at a cost not to exceed $100,000.00 from funds available in Division of Water Accounts 53210726 445100 and 53023517 473020. PASSED AYES - 9 NOES - 0 NO. 23 PERMISSION TO ENTER INTO AGREEMENT WITH NYSDOT AND PROVIDE MATCHING FUNDS FOR CONSTRUCTION COSTS [AND HIRE A CONSULTANT FOR MILLING AND RESURFACING OF THE [HOPKINS STREET, MCKINLEY PKWY & SOUTH PARK AVE. SOUTH 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 reconstruct the Hopkins Street, McKinley pkwy and South Park Avenue. In addition, permission is requested for the City to hire an engineering consultant for design and construction inspection and commit funding necessary for first instance costs and all related Federal and NonFederal shares of the project costs• The City's share of costs will be available in our Capital Account for the Local Match Reserve. Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated June 29, 2009, be received and filed; and That the Common Council hereby authorizes the Mayor of the City of Buffalo to enter into all necessary agreements with the New York State Department of Transportation (NYSDOT) to administer, design, bid and reconstruct Hopkins Street, McKinley Parkway and South Park Avenue. The City's Department of Public Works, Parks and Streets is further authorized to hire an engineering consultant for design and construction inspection and to commit funding necessary for first instance costs and all related Federal and Non-Federal shares of the project costs. The City's share of costs will be available in the Capital Account for the Local Match Reserve. PASSED AYES - 9 NOES - 0 NO. 24 PERMISSION TO ENTER INTO UTILITY WORK AGREEMENT WITH NYSDOT, PIN 5512.46 [LANDSCAPING AND RETAINING WALL RAIL REPLACEMENT MASTEN DISTRICT . (ITEM NO. 78, C.C.P. 6/02/07) Permission is requested from your Honorable Body to authorize the Commissioner of Public Works, Parks and Sweets of the City of Buffalo to enter into Utility Work Agreement with New York State Department of Transportation (NYSDOT). Existing City's water facilities which presently located within State Highway Right-of-way and are in conflict with State's proposed construction project need to be adjusted. The agreement is granting NYSDOT authority to perform necessary adjustment as part of State proposed Landscaping and retaining wall Rail Replacement project on N.Y. Route 33 ( Kensington Expressway) from N.Y. Route 198 to Elm/Oak Arterial. The agreement also includes for City to agree to accept the adjusted water facility and will be responsible for maintenance upon satisfactory completion of the work. As per State Highway law, NYSDOT will provide at the expense of the State for all the costs related for the adjustment of the City's owned water facility. Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated June 30, 2009, be received and filed; and That the Common Council hereby authorizes the Department of Public Works, Parks and Streets of the City of Buffalo to enter into a Utility Work Agreement with the New York State Department of Transportation (NYSDOT), granting the New York State Department of Transportation authority to perform necessary adjustments to the City's water facilities, which are presently located within the State right-of-way, as part of the proposed Landscaping and Retaining Wall Rail Replacement project on N.Y. Route 33 from N.Y. Route 198 to the Elm/Oak arterial. The City further agrees to accept the adjusted water facility and will be responsible for maintenance upon completion of satisfactory work and with the understanding that, per State Highway Law, NYSDOT will provide for all costs related to the adjustment of the City's owned water facility. PASSED AYES - 9 NOES - 0 NO. 25 PERMISSION TO HIRE A CONSULTANT AND ENTER INTO AGREEMENTS WITH FHWA AND NYSDOT FOR THE DESIGN, INSPECTION AND CONSTRUCTION OF [: HOPKINS STREET BRIDGE SOUTH DISTRICT CITY OF BUFFALO, COUNTY OF ERIE The Federal Highway Administration (FHWA) have designated $.775M for the design, construction and construction inspection of the Hopkins Street Bridge. This project is listed on the New York State Regional Transportation Improvement Program (TIP) under PIN # 5759.46. 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 June 30, 2009, be received and filed; and That the Common Council hereby authorizes the Department of Public Works, Parks and Streets of the City of Buffalo to take proposals and hire an Engineering Consultant for the design and inspection of the Hopkins Street Bridge Project and further authorizes the Mayor and/or the Department of Public Works, Parks and Streets (DPW) to enter into all necessary agreements with the FHWA and NYSDOT, which would enable DPW to administer the project and to cover all necessary work needed to complete the design, inspection and construction of the project. PASSED AYES - 9 NOES - 0 NO. 26 PROJECT MANAGEMENT AGREEMENT WITH BUFFALO URBAN DEVELOPMENT CORPORATION FOR APPROX, 22 ACRES OF LAND SURROUNDING UNION SHIP CANAL The Department of Public Works, in conjunction with the Buffalo Urban Development Corporation ("BUDC"), is overseeing the development of 22 acres of City-owned land surrounding the Union Ship Canal, commonly referred to as Parcel 3. The land will be developed into public open space with park-like amenities (the "Ship Canal Park"), for the use and benefit of the general public and the employees of businesses located in Buffalo Lakeside Commerce Park (the "Project"). In connection therewith, the City and the County have secured funding through the New York Department of Environmental Conservation and the New York State Department of Transportation. Along with the State grants, the County has committed certain of its own bond funding to be used for the final design and construction of the Ship Canal Park Project. The attached Project Management Agreement is required for the development of the site. The Project Management Agreement assigns responsibilities for the development of the site between the City of Buffalo and BUDC. Under the agreement, BUDC is primarily responsible for site design and site development with oversight from City of Buffalo Department of Public Works and other departments within City Hall. The City, through the Department of Public Works, will be responsible for administrative duties related to the State and County grants. As the City will be the signatory to the State grants, payments for work completed by contractors shall be submitted to the Department of Works by BUDC for reimbursement from the State and County grants. SEQR review of the proposed action has already been completed. I am recommending that should Your Honorable Body approve the use agreement the Mayor of the City of Buffalo be permitted to execute the same. Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated June 30, 2009, be received and filed; and That the Common Council hereby approves the proposed project Management Agreement with Buffalo Urban Development Corporation (BUDC), making BUDC primarily responsible for site design and site development with oversight from City of Buffalo Department of Public Works and other City Departments. The City's Department of Public Works will be responsible for administrative duties related to the State and County grants. The Mayor is further authorized to execute the Proposed Union Ship Canal Public Open Space Project Management Agreement or the functional equivalent, containing the same material terms as that attached to the above Communication. PASSED AYES - 9 NOES - 0 NO. 27 PURCHASE OF COMPUTER I would like to purchase my old computer that is no longer in use. The serial number for my computer is 8K6J641, It is for the hard drive only. (No monitor or keyboard) I am offering $10.00. Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated June 4, 2009, be received and filed; and That the Common Council hereby authorizes the sale of City Computer Hard Drive Serial #SK6J641 to Lori Hunt for consideration in the amount of $10.00, payable to the City of Buffalo Treasury. PASSED AYES - 9 NOES - 0 NO. 28 REPORT OF BIDS CROSSWALKS 2009, GROUP #702 This is to advise Your Honorable Body that 1 have advertised and received bids on June 24, 2009. The following bid was received: Contractor Base Bid Total Bid Price Accent Stripe Inc. $58,145.00 $61,052.25 3275 N. Benzing Road Orchard Park, New York 14127 I hereby certify that the lowest responsible bidder for the above project is Accent Stripe lnc. I respectfully recommend that Your Honorable Body authorize a contract award in the amount of $61,052.25 (Base Bid of $58,145.00 + [5% unit price increases] $2907.25 equals [Total Award] $61,052.25). The engineer's estimate for this work is $48,650.00. Fund for this work are available in Capital Project Account #30032106-445100 and a future bond account to be identified at a later date. Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated June 26, 2009, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to award and execute a contract in the Total amount of $61,052.25 (Base bid of $58,145.00 + $2,907.25 (5% Unit Price Increases) equaling a total award of $61,052.25) to Accent Stripe, Inc., to be funded through Capital Account #30032106-445100 and future bond to be identified at a later date. PASSED AYES - 9 NOES - 0 NO. 29 REPORT OF BIDS RESURFACING OF CITY PAVEMENTS-2009 GR# 703 In obtaining these bids for the above mentioned project, I have asked for unit price covering the various items of work and material which will be performed. The final cost of the work will be based on the actual measured quantities of materials entering into the work and may be either more or Jess than the total bid. The following bids were received: Base Bid Destro & Brothers Concrete Co., Inc. $1,016,600.00 411 Ludington Street, Buffalo, NY 14206 Occhino Corporation $1,093,214.20 2650 Seneca Street, West Seneca, NY 14224 I hereby certify that the low bidder for the above project is Destro & Brothers Concrete Co., Inc. I respectfully recommend that your Honorable Body authorize a contract award in the amount of $1,118,260.00 ($1,016,600.00 base bid + $101,660.00 unit price increase - $1118,260.00). Funds for this work are available in Capital Project Account #30032106-445100 and a future account to be identified at a later date. The engineer's estimate for this work is $1,150,000.00. The attached is certified to be a true and correct statement of the bid received. Under provisions of the General Municipal Law, st, any of the bidders may withdraw his bid if an award of the contract is not made by August 12009. Individual bid submissions are available in our office for inspection and copies are available upon request. Mr, Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated June 22, 2009, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to award and execute a contract in the Total amount of $1,118,260.00 (Base bid of $1,016,600.00 + $101,660.00 (Unit Price Increases) equaling a total award of $1,118,260.00) to Destro & Brothers Concrete Co., Inc. for Resurfacing of City Pavements - 2009, Gr. #703, to be funded through Capital Account #30032106-445100 and future account to be identified at a later date. PASSED AYES - 9 NOES - 0 NO. 30 REPORT OF BIDS STRIPING 2009, GROUP #701 This is to advise Your Honorable Body that I have advertised and received bids on June 24, 2009. The following bid was received: Contractor Base Bid Total Bid Price Accent Stripe Inc. $37,250.00 $39,112.50 3275 N. Benzing Road Orchard Park, New York 14127 I hereby certify that the lowest responsible bidder for the above project is Accent Stripe lnc. I respectfully recommend that Your Honorable Body authorize a contract award in the amount of $39,112.50 (Base Bid of $37,250.00 + [5% unit price increases] $1,862.50 equals [Total Award] $39,112.50). The engineer's estimate for this work is $34,475.00. Fund for this work are available in Capital Project Account #30032106-445100 and a future bond account to be identified at a later date. Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated June 26, 2009, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to award and execute a contract in the Total amount of $39,112.50 (Base bid of $37,250 + $1,862.50 (5% Unit Price Increases) equaling a total award of $39,112.50) to Accent Stripe, Inc. for Striping - 2009, Gr. #701, to be funded through Capital Project Account #30032106-445100 and future bond account to be identified at a later date. PASSED AYES - 9 NOES - 0 NO. 31 REPORT OF BIDS FOR WATER DISTRIBUTION SYSTEM IMPROVEMENTS VARIOUS LOCATIONS #I - NORTH BUFFALO CITYWIDE This is to advise your Honorable Body that I have advertised for and received bids on June i0, 2009 for Water Distribution System Improvements - Various Locations #I. The following bids received, including base bid and alternates A & B, were: Kandey Co., Inc. $1,325,460.00 19 Ransier Drive West Seneca, N.Y. 14224 Mark Cerrone Inc. $1,382,168.00 PO Box 3009 Niagara Falls, N.Y. 14204 Visone Construction Inc. $1,392,650.00 79 Sheldon Ave. Depew, N.Y. 14043 Yarussi Construction $1,692,919.00 5650 Simmons Ave. Niagara Falls, N.Y. 14304 SicarManagement 1128 Jamison Road Elma, N.Y. 14059 I respectfully certify that the lowest responsible bidder is Kandey Co., Inc. Also, I respectfully request that your Honorable Body authorize a contract award in the amount $ 1,325,460.00 (Base Bid Including Alternates A and B) Plus 5% Contingency of $66,273.00 for a Total Contract Amount of $1,391,733.00. The funds are available in a Division of Water accounts 53210716 445100, 53200696 445100, and 53023517 473020. Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated June 30, 2009, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to award and execute a contract in the Total amount of $1,391,733.00 (Base bid of $1,325,460 + $66,273.00 (5% Contingency) equaling a total award of $1,391,733.00) to Kandey Co., Inc. for Water Distribution System Improvements - Various locations #1, to be funded through Division of Water Accounts 53210716 445100, 53200696 445100, and 53023517 473020. PASSED AYES - 9 NOES - 0 NO. 32 SEQR LEAD AGENCY DESIGNATION, CENTENNIAL POOL RECONSTRUCTION The City of Buffalo proposes to undertake the reconstruction of the swimming pool and the adjacent pool house in LaSalle Park. The project will be partially financed with assistance from the Dormitory Authority of the State of New York. Prior to the implementation of the above-referenced project, the requirements of the New York State Environmental Quality Review Act (SEQR) must be satisfied. The project, as defined under SEQR, is an "Unlisted Action" for which the completion of a coordinated environmental assessment is required. In accordance with Section 617.6 of the regulations, an agency responsible for determining the effect of this action on the environment must be designated from the involved agencies. The Department of Public Works, Parks & Streets proposes to act as the SEQR Lead Agency for this project, and respectfully requests the consent of the Common Council to this proposal. The project environmental assessment form is set forth below. Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated June 24, 2009, be received and filed; and That the Common Council hereby authorizes the Department of Public Works, Parks and Streets to act as SEQR Lead Agency for the Centennial Pool Reconstruction Project. PASSED AYES - 9 NOES - 0 NO. 33 SEQR LEAD AGENCY DESIGNATION, MLK PARK BASIN IMPROVEMENTS The City of Buffalo proposes to undertake the expansion of the splash pad in the Basin at MLK Park, including related improvements in the Casino building. The project will be partially financed with assistance from the Dormitory Authority of the State of New York. Prior to the implementation of the above-referenced project, the requirements of the New York State Environmental Quality Review Act (SEQR) must be satisfied. The project, as defined under SEQR, is a "Type I Action" for which the completion of a coordinated environmental assessment is required. In accordance with Section 617.6 of the regulations, an agency responsible for determining the effect of this action on the environment must be designated from the involved agencies. The Department of Public Works, Parks & Streets proposes to act as the SEQR Lead Agency for this project, and respectfully requests the consent of the Common Council to this proposal. The project environmental assessment form is set forth below. Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated June 29, 2009, be received and filed; and That the Common Council hereby authorizes the Department of Public Works, Parks and Streets to act as SEQR Lead Agency for the MLK Park Basin Improvements Project. PASSED AYES - 9 NOES - 0 FROM THE COMMISSIONER OF FIRE NO. 34 RESPONSES FOR BUDGET HEARINGS May 5, 2009 Per your request, attached are the responses for the Buffalo Fire Department budget hearings on May 6, 2009. Attachments Item # 1 : A list of employees who are assigned a mobile telecommunication device, the make and model of such device and description of the service plan(s) associated with each device, along with its annual cost to the city. See attached. REFERRED TO THE SPECIAL COMMITTEE ON BUDGET FROM THE CORPORATION COUNSEL NO. 35 CLAIMS COMMITTEE MEETING HON. DAVID A. RIVERA, CHAIRPERSON Personal Injury A- 1 Andrew Dean & Aaron Horowitz $70,000.00 A- 2 Jean Smith p/n/g Katelyn Smith $30,000.00 A-3 Diana Boccio $120,000.00 A-4 Derek Johnson $6,000.00 Property Damage B-1 Henry Drzazga $790.00 B-2 Timothy Dyle $195.70 B-3 GEICO ins a/s/o Marla Doerflein $2,445.12 B-4 Marvin Haywood $1,231.05 B-5 George Leak $3,900.00 B-6 Betty Newell $494.48 B-7 Michael Noe Jr $511.12 B-8 Joseph Turello $195.00 B-9 Carrie Venezia $147.84 B-10 William Viviam $150.00 Miscellaneous Invoices C-1 Bison Elevator Services $2,337.88 C-2 Buffalo News $1,920.25 C-3 Dent Neurological Group $359.02 Miscellaneous Reimbursement D-1 James Gambino $1,500.00 D-2 Jennifer Logue $110.50 Item for Discussion E-1 Terrence & Michele Vanderlip $14,050.00 REFERRED TO THE COMMITTEE ON CLAIMS, FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT & INSPECTION SERVICES NO. 36 MEMORANDUM CAPITAL IMPROVEMENT PROGRAM BUDGETING PROCESS The Annual Capital Improvement Program Budgeting process is beginning and the Office of Strategic Planning is mobilizing to ensure that the process runs as efficiently and effectively as possible. The purpose of the City of Buffalo's Capital Improvements Program is to address the overall maintenance, and development of assets such as infrastructure, buildings, parks, etc. For your review, I have attached some helpful information regarding project eligibility and submission as well as a schedule of benchmarks to be achieved as this year's process progresses. Please submit your requests for capital improvements to the City of Buffalo via our internet based capital budgeting software available at: http://cfab.ci.buffalo.ny.us/Lo.qin on or before July 23, 2009 for consideration. Please assign a staff member for project entry into the system and inform me of the name of this person as soon as possible. The assigned person should contact me at smiller@city-buffalo.com or 851-5053 for Iogin information. I look forward to working with you on this year's Capital Budgeting process. Attachments: Approved 2009 5-year Debt Contracting Plan (please note 2010 approvals) Capital Improvements Program Schedule 2010 CIP Software Guidance REFERRED TO THE COMMITTEE ON FINANCE NO. 37 FOOD STORE (NEW) 67 HERTEL (NORTH) Prior Council Reference: (If Any) Ext. (Item No. xxx, C.C.P. xx/xx/xx): Text (Type Single Space Below): 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 67 Hertel (Hertel Comer Store) 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. DENIED NO. 38 FOOD STORE (NEW) 714 WALDEN (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 at714 Walden (Danny's Convenience Store) 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. 39 ADDITIONAL INFORMATION FOR EDPIS BUDGET HEARING • No employees have been issued a mobile telecommunications device being paid for by the City • No employees have been assigned a take-home City vehicle • No employees have been issued gas, debit, charge, bus or rail cards • There has been and will be no travel • We currently have 1 vacant job title: Supervisor of Licenses (temporary to replace Sole) Employees who, in addition to receiving City salary, draw a separate salary from any allied City agency: o Marcy, Michael: $6,589 from Buffalo Urban Renewal Agency (Consultant) o Reilly, Brian: $36,071 from Buffalo Economic Renaissance Corporation (President) • We have no employees whose salary is partially or fully paid for with grant money • We have no personal services contracts • We have no employees who have filed a NYS Retirement Form CSC-20, providing for re- employment REFERRED TO THE SPECIAL COMMITTEE ON BUDGET NO. 40 RESTAURANT DANCE LICENSE (RENEWAL) 884 MAIN STREET (ELLICOTT - WEST) Pursuant to Chapter 150 of the City of Buffalo Ordinances, please be advised that I have caused an investigation into the premises located at 884 Main Street for which said renewal application for a Restaurant Dance Class III license is being sought by Julia Greenwood 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. 41 SCRAP PROCESSOR 266 HOPKINS (SOUTH) Pursuant to Chapter 254 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Scrap Processor Dealer License located at 266 Hopkins and find that as to form is correct. I have caused an investigation into the premises for which said application for a Scrap Processor Dealer License is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspections, I find it complies with all regulations and other applicable laws. l have caused an investigation by the Police Department into the moral character of Gregory Gjurich. The attached thereto for Gregory Gjurich d/b/a Buffalo Recycling Enterprises. This request is submitted for your approval or whatever action you deem appropriate. Mr. Fontana moved That the Commissioner of Permits and Inspections Services and the Director of Licenses are hereby authorized to issue a Scrap Processor Dealer License to Gregory Gjurich for 266 Hopkins PASSED AYES - 9 NOES - 0 NO. 42 SECOND HAND DEALER 2227 SOUTH PARK (SOUTH) Pursuant to Chapter 254 of the City of Buffalo Ordinances please be advised that I have examined the attached application for a Second Hand Dealer License located at 2227 South Park and find that as to form is correct. 1 have caused an investigation into the premises for which said application for a second hand dealer license is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspections. I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of Charles Smithgail. The attached thereto for Charles Smithgail d/b/a/Aaron"s. This request is submitted for your approval or whatever action you deem appropriate. Mr. Fontana moved That the Commissioner of Permits and Inspections Services and the Director of Licenses are hereby authorized to issue a Second Hand Dealer License to Charles Smithgail d/b/a Aaron’s at 2227 South Park Avenue PASSED AYES - 9 NOES - 0 NO. 43 WHOLESALE JUNK DEALER 266 HOPKINS (SOUTH) Pursuant to Chapter 254 of the City of Buffalo Ordinances, please be advised that 1 have examined the attached application for a Wholesale Junk Dealer License located at 266 Hopkins and find that as to form is correct. 1 have caused an investigation into the premises for which said application for a Wholesale Junk Dealer License is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspections. I find it complies with all regulations and other applicable laws. l have caused an investigation by the Police Department into the moral character of Gregory Gjurich. The attached thereto for Gregory Gjurich d/b/a Buffalo Recycling Enterprises. This request is submitted for your approval or whatever action you deem appropriate. Mr. Fontana moved That the Commissioner of Permits and Inspections Services and the Director of Licenses are hereby authorized to issue a Wholesale Junk Dealer License to Gregory Gjurich d/b/a Buffalo recycling Enterprises PASSED AYES - 9 NOES - 0 NO. 44 APPROVAL OF SERVICE CONTRACT IN THE AMOUNT OF $48,000.00 WITH THE BACK TO BASICS OUTREACH MINISTRIES, INC. THIS CONTRACT EFFECTIVE JULY 1, 2009 -JUNE 30, 2010. The City of Buffalo Division of Substance Abuse Services is requesting approval to contract with Back to Basics Outreach Ministries to provide supplemental services to the Division of Substance Abuse Services. The Outreach ministry will provide housing assistance, tutoring services, counseling and personal enrichment. Accordingly, the Department requests your Honorable Body to: 1. Authorize the Department and or other appropriate City staff to take all such steps and actions and to execute and or process such additional documentation and or modifications thereto as shall be necessary to facilitate the terms and provisions of the Agreement, and 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. Mr. Fontana moved That the Department of Community services and Recreational Programming and other appropriate City Staff to take all said steps and actions and to execute and/or process such additional modifications thereto as shall be necessary to facilitate the terms and provisions of the agreement and Directs the Corporation Counsel and other appropriate City and Dept personnel to negotiate to finalization of said agreement and other necessary documentation and agreements wherever necessary for execution and actual implementation PASSED AYES - 9 NOES - 0 FROM THE ZONING BOARD OF APPEALS NO. 45 402 CLINTON APPLICATION: #139824 Dear Mr. Shafie: The Zoning Board of Appeals at its meeting of 6/17/09 approved your petition for a variance to install and use a 4' x 8' illuminated ground sign with landscaping atthe base at premises 402 CLINTON STREET. AS A RESULT OF THIS FAVORABLE ACTION BY THE BOARD, YOU MUST NOW OBTAIN A PERMIT IN ROOM 301 OF CITY HALL, 851-4929 AND PAY ANY FEES THAT ARE REQUIRED. Section 511-117(B) of the Zoning Ordinance states that "no decision of the Zoning Board of Appeals authorizing any permit shall be in force and effect after a period of six (6) months from the date of said decision unless before the expiration of said permit the applicant files the revised or final plans with the Commissioner of Inspections and Licenses in accordance with said decision." Therefore, unless you file any required plans and pay the balance owed on the permit application prior to 12117109, the Board's approval will expire and a new application will have to be made. RECEIVED AND FILED NO. NO. 46 RE: 100 JAMES E. CASEY DRIVE APPLICATION: #T39626 The Zoning Board of Appeals at its meeting of 6/17/09 approved your petition for a variance to install and use a security fence around the refrigeration unit of the commissary at premises t00 JAMES E. CASEY DRIVE. The Board allowed for up to a 10' fence board on board fence with NO barbed wire. AS A RESULT OF THIS FAVORABLE ACTION BY THE BOARD, YOU MUST NOW OBTAIN A PERMIT IN ROOM 301 OF CITY HALL, 851-4925 AND PAY ANY FEES THAT ARE REQUIRED. Section 511-117(B) of the Zoning Ordinance states that "no decision of the Zoning Board of Appeals authorizing any permit shall be in force and effect after a period of six (6) months from the date of said decision unless before the expiration of said permit the applicant files the revised or final plans with the Commissioner of Inspections and Licenses in accordance with said decision." Therefore, unless you file any required plans and pay the balance owed on the permit application prior to 12/17/09, the Board's approval will expire and a new application will have to be made. RECEIVED AND FILED NO. 47 68 PARKER APPLICATION:#137363 Dear Mr. Robinson: The Zoning Board of Appeals at its meeting of 6/17/09 approved your petition for a variance to erect and use a 28' x 46' x 18' high two-story rear yard garage with second story storage on the original footprint at premises 68 PARKER. The approval is conditioned with the understanding that this structure CAN NOT be used as a rear apartment or carriage house. AS A RESULT OF THIS FAVORABLE ACTION BY THE BOARD, YOU MUST NOW OBTAIN A PERMIT IN ROOM 301 OF CITY HALL, 851-4925 AND PAY ANY FEES THAT ARE REQUIRED. Section 511-117(B) of the Zoning Ordinance states that "no decision of the Zoning Board of Appeals authorizing any permit shall be in force and effect after a period of six (6) months from the date of said decision unless before the expiration of said permit the applicant files the revised or final plans with the Commissioner of Inspections and Licenses in accordance with said decision." Therefore, unless you file any required plans and pay the balance owed on the permit application prior to 12/7109, the Board's approval will expire and a new application will have to be made. RECEIVED AND FILED NO. 48 408 SOUTH PARK APPLICATION: #139769 The Zoning Board of Appeals at its meeting of 6117109 approved your petition for a variance to construct and use a medical clinic addition to the existing offices in a residential district at premises 408 SOUTH PARK. AS A RESULT OF THIS FAVORABLE ACTION BY THE BOARD, YOU MUST NOW OBTAIN A PERMIT IN ROOM 301 OF CITY HALL, 861-4926 AND PAY ANY FEES THAT ARE REQUIRED. Section 511-117(B) of the Zoning Ordinance states that "no decision of the Zoning Board of Appeals authorizing any permit shall be in force and effect after a period of six (6) months from the date of said decision unless before the expiration of said permit the applicant files the revised or final plans with the Commissioner of Inspections and Licenses in accordance with said decision." Therefore, unless you file any required plans and pay the balance owed on the permit application prior to 12/17/09, the Board's approval will expire and a new application will have to be made. RECEIVED AND FILED NO. 49 RE: 251 SWEET AVE. APPLICATION: #138997 Dear Mr. North: The Zoning Board of Appeals at its meeting of 6117/09 approved your petition for a variance to erect and use a 30' x 73' x 15' high private garage in the side yard excessive in height and more than 60 feet from the front lot line at premises 251 SWEET AVENUE. AS A RESULT OF THIS FAVORABLE ACTION BY THE BOARD, YOU MUST NOW OBTAIN A PERMIT IN ROOM 391 OF CITY HALL, 851-4925 AND PAY ANY FEES THAT ARE REQUIRED. Section 511-117(B) of the Zoning Ordinance states that "no decision of the Zoning Board of Appeals authorizing any permit shall be in force and effect after a period of six (6) months from the date of said decision unless before the expiration of said permit the applicant files the revised or final plans with the Commissioner of Inspections and Licenses in accordance with said decision." Therefore, unless you file any required plans and pay the balance owed on the permit application prior to 12/7109, the Board's approval will expire and a new application will have to be made. RECEIVED AND FILED NO. 50 462 WOODWARD APPLICATION: #138137 The Zoning Board of Appeals at its meeting of 6/17/09 approved your petition for a variance to convert and use the left side of the owners' apartment house as a bed and breakfast at premises 462 WOODWARD AVENUE. AS A RESULT OF THIS FAVORABLE ACTION BY THE BOARD, YOU MUST NOW OBTAIN A PERMIT IN ROOM 30t OF CITY HALL, 85t-4925 AND PAY ANY FEES THAT ARE REQUIRED. Section 511-117(B) of the Zoning Ordinance states that "no decision of the Zoning Board of Appeals authorizing any permit shall be in force and effect after a period of six (6) months from the date of said decision unless before the expiration of said permit the applicant files the revised or final plans with the Commissioner of Inspections and Licenses in accordance with said decision." Therefore, unless you file any required plans and pay the balance owed on the permit application prior to 12/17/09, the Board's approval will expire and a new application will have to be made. RECEIVED AND FILED FROM THE CITY CLERK NO. 51 LIQUOR LICENSE APPLICATIONS Attached hereto are communications from persons applying for liquor licenses from the Erie County Alcohol Beverage Control Board. Address Business Name Owner's Name 416 Pearl St Barcelona on Pearl Touch Enterprises Inc 976 Elmwood The New Sahara Grill Aldiana Corp 414 Pearl St Barcelona on Pearl Touch Enterprises Inc 382 Abbott Rd Conlon's Daniel & Emily Conlon RECEIVED AND FILED NO. 52 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: Community Services- Economic Development & Permit and Inspection Services-Management Information Systems Matthew Baudo RECEIVED AND FILED NO. 53 REPORTS OF ATTENDANCE I transmit herewith communications received by me, from the various boards, commissions, agencies and authorities reporting the membership attendance at their respective meetings: x Buffalo Sewer Authority RECEIVED AND FILED. NO. 54 NOTICES OF APPOINTMENTS - COUNCIL INTERNS I transmit herewith appointments to the position of Council Intern. Mr. Fontana moved the approval of the appointments to the position of Council Intern. ADOPTED. CERTIFICATE OF APPOINTMENT Appointment Effective June 18, 2009 in the Department of Common Council, Division of Ellicott District to the Position of Intern VI, Exempt at the flat starting Salary of $10.00/hr Douglas Corner, 73 Courtland Ave, Buffalo, NY 14215 NO. 55 NOTICES OF APPOINTMENTS - SEASONAL/FLAT I transmit herewith certificates received by me, reporting seasonal and flat salary appointments made in various departments. RECEIVED AND FILED. CERTIFICATE OF APPOINTMENT Appointment Effective June 22, 2009 in the Department of Public Works, to the Position of Laborer II, Seasonal appointment, Exempt at the flat starting Salary of $11.57/hr John Snyder, 2497 Delaware Ave Apt 6, Buffalo, NY 14216 CERTIFICATE OF APPOINTMENT Appointment Effective June 22, 2009 in the Department of Public Works, to the Position of Bridge Operating Engineer, Seasonal appointment, Exempt at the flat starting Salary of $11.57/hr Kenneth LaBarge 131 Maurice St, Buffalo, NY 14210 NO. 56 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 June 24, 2009 in the Department of Public Works, Division of buildings to the Position of Senior first Class Stationary engineer, Temporary appointment, at the flat starting Salary of $15.00/hr Charles A. Kulp, 1015 Abbott Road, Buffalo, NY 14220 Appointment Effective June 25, 2009 in the Department of Public Works, Division of buildings to the Position of Senior first Class Stationary engineer, Temporary appointment, at the flat starting Salary of $15.00/hr Timothy M. Keenan, 77 Carlyle Avenue, Buffalo, NY 14220 Appointment Effective June 29, 2009 in the Department of Public Works, Division of Water to the Position of Caulker, Temporary appointment, at the Minimum starting Salary of $32,392 Mark Pasternak, 152 Kenefick Avenue, Buffalo, NY 14220 NON-OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON-OFFICIAL COMMUNICATIONS NO. 57 REVEREND GLORIA COVER-GILL-CONCERNS PARKING TICKETS Item available for review in the City Clerk's Office RECEIVED AND FILED NO. 58 REVEREND GLORIA COVER-GILL-CONCEMS SAFETY IN NEIGHBORHOOD-SUMNER PL Item available for review in the City Clerk's Office RECEIVED AND FILED NO. 59 R. FONTANA-RESIDENT REQ INFORMATION ON HOMESTEADING PROPERTY Item available for review in the City Clerk's Office REFERRED TO THE COMMITTEE ON FINANCE ADD THE DIRECTOR OF REAL ESTATE NO. 60 RE: CANAL SIDE PLANNING PRESENTATION & INFORMATION SESSION Dear Council President Franczyk: In anticipation of the upcoming release of the Canal Side Project Draft Generic Environmental Impact Statement (DGEIS) expected later this month, file Erie Canal Harbor Development Corporation (ECHDC) is interested in providing an update and presentation to the Common Council, regarding our advanced vision and plans for this important waterfront revitalization initiative. If possible, ECHDC would like to conduct this overview during committee session on Tuesday, July 14, 2009. Such a date would allow for the participation of our lead Canal Side architect and designer Stanton Eckstut of New York City's EEK Architects. Please advise our offices if the Common Council is available and willing to receive an update on the date specified above. As always, we greatly appreciate the Council's support and involvement in the Canal Side project planning and implementation process. Hope you enjoyed the Aud send-off ceremony! REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT. NO. 61 MEMORANDUM M KEARNS- REQUEST FOR TRANSPORTATION MEETING I would like to file the attached information for the next Common Council meeting to be held on July 7, 2009. Dear Common Council, I am formally requesting to address the Transportation Committee at the next scheduled meeting to discuss the potential sale of City Branch Right-of -Way. This Right-of -Way was purchased to facilitate the extension of the light rail to the Southtowns. Thank you for your time and consideration. Sincerely, Gladys Gifford President of Citizens Regional Transit Corp REFERRED TO THE SPECIAL COMMITTEE ON TRANSPORTATION NO. 62 RE: M. KEARNS-LETTER FROM COMMISSIONER STEPNIAK- MAIN STREET PROJECT Dear Mr. Chwalinski, Please file the attached document for the upcoming Common Council Session to be held on July 7, 2009. Thank you in advance for your assistance in this matter. Dear Councilmember Kearns: Please be advised that presently the 700 Block of Main Street has proper irrigation. We will be installing a similar system on Main Street Phase I and Phase II with future capital funds. Until the installation is completed, we will water these areas with our City flusher truck, Based on this information, there will be no need for a representative from the Department of Public Works to be present at the upcoming Special Finance Meeting. If you should have any questions, please contact my office at 851-5636. REFERRED TO THE COMMITTEE ON FINANCE NO. 63 M. LOCURTO REQUEST TO EXTEND AND MODIFY HOMEFRONT, INC’S CONTACT Mr. Chwalinski: Please file the referenced document for the Common Council meeting on June 23, 2009. Sincerely, Item available for review in the city Clerk’s Office REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 64 NEGATIVE DECLARATION-DEAD END PORTION OF CARROLL STREET Negative Declaration Notice of Determination of Non Significance This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (SEQR - State Environmental Quality Review) of the Environmental Conservation Law. City of Buffalo Common Council 65 Niagara Square Room 1308 City Hall Buffalo, New York 14202 As per the provisions of SEQR, the Lead Agency has reviewed the following action as it relates to the environment: Paper Street - Easterly Dead End Portion of Carroll Street, 50' Wide by 57' on South Line and 88' on North Line Type of Action: Description: Mill Race Commons, LLC owns all three sides of the portion of Carroll Street that is in question. They have indicated that the purchase of Carroll Street is needed to advance the construction of a new retail and commercial office building fronting on Exchange and Smith Streets. The design approved by the Planning Board included the construction of a west building on a portion of Carroll Street. Their marketing research drove the design and the resulting footprint of the buildings. In order to have marketable floor plates and to further facilitate the rehabilitation of existing buildings along Seneca Street, they are requesting to purchase the dead end easterly portion of Carroll Street. The subject property is sold on condition that acceptable easements or other agreements shall be made between any public or private utilities if any that presently have legal overhead or underground lines, mains or cables within the right of way. Secondly, that the official closing/abandonment of the dead end portion of Carroll Street will not become effective until the deed conveying title of the property is filed in the Erie County Clerk's Office. The City of Buffalo will transfer title of a portion of Carroll Street on a Quit Claim Deed subject to covenants, easements, restrictions and rights of way of record, if any now in force. The project is privately financed. The total cost of the project is approximately will be approximately $7.5 million. As a result of this environmental review, the Lead Agency has determined that the undertaking of this action will not constitute an action significantly affecting the quality of the environment. No further environmental review of this action will be conducted prior to project implementation and a Draft Environmental Impact Statement will not be prepared. Reasons Supporting This Determination: The facts and reasons for this decision are as follows: The project will develop and utilize the dead end portion of Carroll Street and enhance the area with new development therein while aiding in the removal of slum and blight within the area. The few impacts identified are short-term and not significant in magnitude or effect. There are no actions, which will be undertaken in either implementing the project or in the long term, which will have a significant adverse impact on the environment. The project site is located at the easterly dead end portion of Carroll Street (approximately 50' wide by 57' on the south line and 88' on the north line. For further information relative to this Negative Declaration, Contact Mr. John Hannon, Director of Real Estate, Room 901 City Hall, Buffalo, New York 14202 -Telephone 851-5275. Dated: June 9, 2009 A copy of this notice was sent to Common Council Buffalo Environmental Management Commission Buffalo Planning Board Buffalo Public Works Buffalo Sewer Authority Buffalo Water Authority New York State DEC - Albany Mayor Byron Brown Applicant REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 65 LEROYAL & JACQUELINE WATTS HOMEOWNER SYCAMORE VILLAGE 19 SYDNI LANE BUFFALO, N.Y. 14204 Dear Mr. Burke, on May 29,2009 a landscaping company was here to overseed our lawn, it was done in a "piece meal slipshod manner." They cut the grass, and applied grass seed with a spreader. They should have turned the soil over, remove the weeds and other debris, applied fertilizer, grass seed and a layer of topsoil, they did none of the above. They spread grass seed only, to make a meal for the birds to eat, which they did. This is totally unacceptable. I spoke to Francisco Guzman, and Terry Sexton, a City of Buffalo Building Inspector in front of our home on June 1, 2009, and addressed my complaint about the lawn. I also called your office the afternoon of May 29, 2009 and voiced my complaint about the lawn. My wife and I, want our lawn done over, we do not want a "piece meal slipshod" job. Do what is right Mr. Burke Thank You. RECEIVED AND FILED PETITIONS NO. 66 M. FADEL, AGENT, USE 836 NIAGARA FOR A GROCERY STORE (HRG 7/14)(NIA) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 67 F. GIZZO, AGENT, USE 2491 DELAWARE FOR A POLE SIGN (DEL)(NO PUB HRG) Mr. Fontana moved: That the Petition of Frank Gizzo on behalf of Frank's Sunny Italy to place a 4'x8'x12' internally illuminated, double-sided cabinet with two (2) tracks of 6" letter changeable copy mounted on a 6" square by %" thick steel pole, 12' off the ground at 2491 Delaware Avenue is approved upon the condition that it be duly approved by the City Planning Board at its July 14, 2009 meeting and upon any conditions that the Planning Board may recommend at said meeting. PASSED AYES - 9 NOES - 0 NO. 68 A. HALLEY, AGENT, USE 1440 MAIN FOR A HSF (DEL)(NO PUB HRG) REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE ZONING BOARDOF APPEALS NO. 69 T. MCCANN, AGENT USE 930 GENESEE ST FOR A HSF (NO PUB HRG)(FIN) REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE ZONING BOARD OF APPEALS NO. 70 T. MECANN, AGENT USE 930 GENESEE ST FOR AN OUTPATIENT CLINIC (NO PUB HRG)(FILL) REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE ZONING BOARD OF APPEALS NO. 71 J. WARNER & O-OPPOSE DELI AT 2312 MAIN ST To Councilman LoCurto: We, the undersigned, oppose the approval of the proposed corner deli at 2312 Main, corner West Oakwood and Main. RECEIVED AND FILED REGULAR COMMITTEES CIVIL SERVICE (BONNIE E. RUSSELL, CHAIRPERSON) NO. 72 NOTICES OF APPOINTMENTS-TEMP/PROV/PERM (CRY CLK) CCP# 47, 6/23 Mrs. Russell moved That the above item be the same and hereby is Received and Filed ADOPTED FINANCE (MICHAEL P. KEARNS, CHAIRMAN) NO. 73 ABANDONMENT AND SALE OF A PORTION OF GOODRICH STREET BETWEEN ELLICOTT AND MICHIGAN (67' WIDE BY 1057' LENGTH) (ITEM NO. 32, C.C.P., JUNE 23, 2009) That the City of Buffalo does hereby abandon a portion of Goodrich Street Between Ellicott and Michigan (67' wide by 1057' length) and 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 offer from Kale, ida Health, in the sum of $1,100,000 for the purchase of a portion of Goodrich Street between Ellicott and Michigan (67' wide by 1057' length), be and hereby is accepted; and That the Common Council approves the Agreement as attached to the above communication and that the Corporation Counsel be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. PASSED AYES - 9 NOES - 0 NO. 74 CONTRACT PAL FOR PROGRAM ASSISTANCE TO THE BUFFALO NIAGARA FILM COMMISSION (ITEM NO. 40, C.C.P., JUNE 23, 2009) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Kearns moved: That the Commissioner of Community Services & Recreational Programming be, and she hereby is authorized to enter into an Agreement and fund $75,000 from the Department of Community Services & Recreational Programming to the Police Athletic League of Buffalo to the Buffalo Niagara Film Commission for the contract period of July 1, 2009 to June 30, 2010 pursuant to the terms and provisions of the Agreement. That the Acting Corporation Counsel and other appropriate City and Department personnel be, and they hereby are authorized to negotiate to finalization of said Agreement and other necessary documentation and agreements wherever necessary for execution and actual implementation. PASSED AYES - 9 NOES - 0 NO. 75 SERVICE CONTRACT WITH LIB FOR THE NEXT GENERATION SCIENTIST PROGRAM (ITEM NO. 41, C.C.P., JUNE 23, 2009) That the Commissioner of Community Services & Recreational Programming be, and she hereby is authorized to enter into an Agreement in the amount of $30,000 with the University of Buffalo for the Next Generation Scientist Programming effective July 1, 2009 to June 30, 2010, pursuant to the terms and provisions of the Agreement. PASSED AYES - 9 NOES - 0 NO. 76 C. PALADINO-CONCEMS MUNICIPAL PARKING CCP# 41, 6/23 M. Kearns moved That the above item be the same and hereby is Received and Filed ADOPTED NO. 77 CONTRACT FOR PHASE II OF THE CITYWIDE VIDEO SURVEILLANCE CAMERA PROJECT (ITEM NO. 1, C.C.P., JUNE 9, 2009) (ITEM NO. 75, C.C.P., JUNE 23, 2009) That the Mayor be, and he hereby is authorized to enter into a First Contract Amendment between the City of Buffalo and Johnson Controls, Inc. for the city-wide wireless security camera network Phase II PASSED AYES - 9 NOES – 0 NO. 78 INCREASING TRANSPARENCY BY REQUIRING THAT PUBLIC BODIES HOLD MEETINGS IN A CENTRALIZED LOCATION THAT ALLOWS FOR THEIR RECORDING AND AIRING ON CATV (ITEM NO. 86, C.C.P., JUNE 9, 2009) That the above resolution be and hereby is Adopted ADOPT COMMUNITY DEVELOPMENT (MICHAEL J. LOCURTO, CHAIRMAN) NO. 79 CITY EMPLOYEES RECEIVING MULTIPLE SALARIES(COMPT) (#16, 6/23) That the above item be the same and hereby is Received and Filed. ADOPTED NO. 80 CONTRACT PAL FOR PROGRAM ASSISTANCE TO THE BACK TO BASICS ORGANIZATION (ITEM NO. 39, C.C.P., JUNE 23, 2009) That the above item be the same and hereby is Received and Filed. ADOPTED NO. 81 J. RUSHTON-J. ANIELLO-REG ITEM 93 FROM COMMON COUNCIL MEETING 6/9/09 (#67, 6/23) That the above item be the same and hereby is Received and Filed. ADOPTED NO. 82 REPORT OF SALE- 160 ORANGE (ITEM NO. 14, C.C.P., MAY 26, 2009) (ITEM NO. 80, C.C.P., JUNE 23, 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. 83 COMPELLING TRANSPARENCY-NOT FOR PROFIT ORG THE RECEIVE TAXPAYER DOLLARS ST ND (EXCEPT 1& 2RES) (#90, 6/9) That the above item be the same and hereby is Received and Filed. ADOPTED NO. 84 REPORT OF SALE - 79 WALDEN (ITEM NO. 18, C.C.P., MAY 26, 2009) (ITEM NO. 56, C.C.P., JUNE 9, 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. 85 REPORT OF SALE - 159 LANDON (ITEM NO. 12, C.C.P., MAY 26, 2009) That the offer from Mr. Stanley Frazier, residing at 3850 Sheldon Road, Orchard Park, in the sum of Two Thousand and Two Hundred Dollars ($2,200.00) for the purchase of 159 Landon, be and.hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Executive Director, 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. PASSED AYES - 9 NOES - 0 NO. 86 REPORT OF SALE 95 RICHLAWN ITEM NO 15, CCP MAY 26, 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. 87 YR 34 COMMUNITY DEVELOPMENT QUARTERLY REPORTS 11/1/08-1/31/09 (COMM SERV) (#47, 5/26) That the above item be the same and hereby is Received and Filed. ADOPTED NO. 88 N. JORDEN-CONCERNS 20 ERNST AVE (#63, 5/26) That the above item be the same and hereby is Received and Filed. ADOPTED NO. 89 RESULTS OF NEGOTIATIONS- 23 HAUF (ITEM NO. 10, C.C.P., DEC. 23, 2008) (ITEM NO. 86, C.C.P., MAY 26, 2009) That the offer from Mr. William Robinson, residing at 21 Hauf Street, in the sum of one thousand and five hundred dollars ($1,500.00) for the purchase of 23 Hauf 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 Executive Director, 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. PASSED AYES - 9 NOES - 0 NO. 90 J. EDDY-INFO RECONSTRUCT BAILEY ST BRIDGES (#39, 3/31) That the above item be the same and hereby is Received and Filed. ADOPTED LEGISLATION (JOSEPH GOLOMBEK JR., CHAIRMAN) NO. 91 J. DUGIULIO, PETITION TO USE 1669 HERTEL FOR A SIT-IN RESTAURANT AND SIDEWALK CAFE (ITEM NO. 70, C.C.P., JUNE 23, 2009) That after the public hearing before the Committee on Legislation on June 30, 2009, the petition of J. Dugiulio, owner, to use 1669 Hertel for a sit-in restaurant and sidewalk cafe be, and hereby is approved with the following conditions as set by the City Planning Board and Common Council: 1 The sidewalk patio is to close at I 1:00 p.m. weekdays and 1:00 a.m. on Friday and Saturdays. 2 There is to be no outside music or trash receptacles permitted on the sidewalk patio. PASSED WITH CONDITIONS AYES - 9 NOES - 0 NO. 92 KINGSTON PLACE TRAILBLAZING SIGNS "RICHARD J. KEANE" (ITEM NO. 2, C.C.P., JUNE 23, 2009) That the Commissioner of Public Works, Parks & Streets be, and he hereby is authorized to install trailblazing signs beneath the existing street signs on Kingston Place proclaiming it "Richard J. Keane." PASSED AYES - 9 NOES - 0 NO. 93 APPOINTMENT OF MEMBERS TO THE JOHRMIE B. WILEY STADIUM BOARD (ITEM NO. 3, C.C.P., JUNE 23, 2009) That the appointments to the Johnnie B. Wiley Stadium Board of Otis T. Barker, Sr., Dave Thomas, Aubrey Lloyd, Cedric Holloway Danielle Judge-Johnson, Thurman Thomas, Mick Buczkowski, Dorothy Hill, Kenny Simmons, Brett Benderson, Kenny Whigham, Joann Wiley, for terms commencing immediately, are hereby approved on the condition that they does not owe any outstanding liens to the City of Buffalo. PASSED AYES - 9 NOES - 0 NO. 94 FOOD STORE LICENSE - 1256 HERTEL (ITEM NO.33, C.C.P., JUNE 23, 2009) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Golombek moved: That pursuant to Chapter 194 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services be, and he hereby is authorized to grant a Food Store License to Ahmed Ali located at 1256 Hertel d/b/a Mecca International Foods, Upon the condition that it will sell alcohol PASSED AYES - 9 NOES - 0 NO. 95 FOOD STORE LICENSE - 2312 MAIN ITEM NO. 35, C.C.P., JUNE 23, 2009) That the Commissioner of Economic Development, Permit & Inspections Services be, and he hereby is directed to deny the Food Store License application of Ali Almadhrahi, located at 2312 Main. DENIED NO. 96 LODGING HOUSE LICENSE - 1049 ELMWOOD (ITEM NO. 36, C.C.P., JUNE 23, 2009) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Golombek moved: That the Commissioner of Economic Development, Permit & Inspections Services be, and he hereby is directed to deny the Above Lodging License DENIED NO. 97 ORDINANCE AMENDMENT - CHAPTER 341 - PROPERTY MAINTENANCE (FOWL) (ITEM NO. 11, C.C.P., JUNE 16, 2009) (ITEM NO. 85, C.C.P., JUNE 23, 2009) That the Ordinance Amendment as contained in Item No. 11, C.C.P., June 16, 2009, be and .the same hereby is received and filed ADOPTED NO. 98 FOOD STORE LICENSE - 177 RILEY (ITEM NO. 21, C.C.P., JUNE 9, 2009) (ITEM NO. 90, C.C.P., JUNE 23, 2009 That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Golombek moved: That pursuant to Chapter 194 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services be, and he hereby is authorized to grant a Food Store License to Ali Hababi located at 177 Riley d/b/a Buffalo Yeman Market Inc. DELICATESSEN LICENSE CONDITIONS 1. The Delicatessen must close Monday-Thursday at 11:00 pm and Friday - Sunday 12:00 pm 2. Trash Receptacle must be placed outside the main entrance at all times and emptied regularly 3. No trespassing and loitering signs shall be affixed to the exterior of the building 4. No vehicles shall be parked on the sidewalk abutting the store 5. No outside banners shall be hung outside the building or in the windows 6. Surveillance cameras trained on the front door shall be installed inside and outside of the building PASSED W/ COND AYES - 9 NOES - 0 NO. 99 SLAUGHTERHOUSE LICENSE- 1285 WILLIAM (ITEM NO. 24, C.C.P., JUNE 9, 2009) (ITEM NO. 93, C.C.P., JUNE 23, 2009) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Golombek moved: That pursuant to Chapter 391 of the City Code, the Commissioner of Economic Development, Permit & Inspection Services be, and he hereby is authorized to grant a Slaughterhouse License to Yousef Jaarah, d/b/a Buffalo Halal Market Inc. located at 1285 William. Mr. Golombek moved that the above item be recommitted to the Committee on Legislation ADOPTED NO. 100 J. VEGA, PETITION TO USE 2 RUSSELL FOR AN OUTDOOR PATIO (ITEM NO. 68, C.C.P., MAY 26, 2009) (ITEM NO. 97, C.C.P., JUNE 23, 2009) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Golombek moved: That the petition of J. Vega, for permission to use 2 Russell to place an outdoor patio to the front of an existing sit-In restaurant, on city right-of-way be and hereby is approved on the condition that there be no outdoor grill. PASSED AYES - 9 NOES - 0 NO. 101 RESTAURANT DANCING CLASS III - 110 PEARL STREET (ITEM NO. 24, C.C.P., MAR. 3, 2009) (ITEM NO. 65, C.C.P., APR. 28, 2009) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Golombek moved: Mr. Golombek moved that the above item be recommitted to the Committee on Legislation ADOPTED NO. 102 PMT LINWOOD LTD(LYNN MURPHY), OWNER, USE 288 LINWOOD FOR A GROUND SIGN (NO PUB HRG)(DEL) (#85, 7/22) That the above item be the same and hereby is Received and Filed ADOPTED NO. 103 M. LOCURTO-INFO SECOND HAND DEALER LICENSE (CTY CLK) (#40,7/8) That the above item be the same and hereby is Received and Filed. ADOPTED SPECIAL COMMITTEES BUDGET COMMITTEE (RICHARD A. FONTANA, CHAIRMAN) NO. 104 SECOND QUARTER GAP SHEET-2008-2009 (COMPT) (#9, 3/31) (#56, 4/14) That the above item be the same and hereby is Received and Filed. ADOPTED NO. 105 OPERATING BUDGET FY 2009-2010 (BSA) (#23, 4/28)(#48, 5/12) That the above item be the same and hereby is Received and Filed. ADOPTED NO. 106 J. GOLOMBEK-REPORT OF PERMITS & INSPECTION REVIEW PANEL (#62, 5/15) That the above item be the same and hereby is Received and Filed. ADOPTED NO. 107 THE EFFICIENCY INCENTIVE GRANT ENDOWMENT (# 135, 6/26) That the above item be the same and hereby is Received and Filed. ADOPTED NO. 108 EFFICIENCY INCENTIVE GRANT(COMPT) (#23, 9/4) That the above item be the same and hereby is Received and Filed. ADOPTED NO. 109 ND PERFORMANCE BASED BUDGETING (EXC. 2RES) (#67, 1/9) That the above item be the same and hereby is Received and Filed. ADOPTED NO. 110 INCREASING THE LOCAL SHARE OF CASINO REVENUE TO THE COB (#97, 11/14) That the above item be the same and hereby is Received and Filed. ADOPTED RESOLUTIONS BY: BRIAN C. DAVIS NO. 111 RE: PERMISSION TO HANG BANNER ON DELAWARE AVENUE Whereas The Child & Family Services of Buffalo would like to promote CFSBNY Annual Heartlight event to be held on October 16, 2009; and Whereas In order to promote the event, Child & Family Services of Buffalo is requesting permission to hang a banner on Delaware Avenue between West Tupper and Chippewa Street; and Now Therefore Be it Resolved: That the Common Council of the City of Buffalo grant permission to Child & Family Services of Buffalo to hang a banner to advertise the CFSBNY Annual Hearlight event; and Be It Further Resolved: That said banner would hang from September 11, 2009 through October 23, 2009. Be It Finally Resolved: That the banner meets the legal specifications set forth by the Department of Public Works and that no existing laws are violated. Brian C. Davis Ellicott District Councilmember PASSED AYES - 9 NOES - 0 NO. 112 BY: COUNCILMEMBER DAVID A. FRANCZYK SET PUBLIC HEARING ABANDONMENT AND SALE OF THE DEAD END PORTION OF CARROLL STREET (50' WIDE, BY 57' ON THE SOUTH LINE AND 88' ON THE NORHT LINE OF CARROLL STREET) TO MILL RACE COMMONS, LLC Whereas The City of Buffalo, Office of Strategic Planning, Division of Real Estate has negotiated Purchase Contract for the abandonment and sale of the dead end portion of Carroll Street to Mill Race Commons, LLC; and Whereas The abandonment and sale and the result of our negotiations have been submitted to the Common Council for approval, in accordance with Article 27.5 of the City Charter, pending a Public Hearing; and Whereas Chapter 21 of the Consolidated Laws, Article 3 Official Maps and Planning Boards, Section 29 Official Map Changes requires a five day notice of a public hearing with reference to such change in the official map shall be published at least once in an official publication of said city or in a newspaper of general circulation therein. NOW, THEREFORE, BE IT RESOLVED: That the City Clerk is hereby directed to publish the notice attached hereto and marked "Notice of Hearing" in the Buffalo News, no later than the 15th day of July 2009. Be it further resolved: That this Common Council will conduct a Public Hearing on the matter stated in said "Notice of Hearing" at 2:00 P.M. in the Council Chambers on the 21st of July 2009. ADOPTED NO. 113 BY MR. FRANCZYK APPROVAL OF THE ABANDONMENT AND SALE/RESULTS OF NEGOTIATIONS OF THE DEAD END PORTION OF CARROLL STREET 50' WIDE BY 57' ON THE SOUTH LINE AND 88' ON THE NORTH LINE TO MILL RACE COMMONS (HRG 7/21) Whereas The City of Buffalo, Office of Strategic Planning, Division of Real Estate and the Appraisal Review Board have recommended that the Common Council approve the abandonment and sale of the dead end portion of Carroll Street to Mill Race Commons, LLC in the amount of Six Thousand Three Hundred Dollars ($6,300.00) in accordance with Article 27.5 of the City Charter; and Whereas The City Clerk has published a Notice of Public Hearing, as required by Chapter 21, Article 3, Section 29 of the General City Law. NOW, THEREFORE, BE IT RESOLVED: After the public hearing is held and providing there are no significant objections, I am recommending that Your Honorable Body first approve the Negative Declaration (determination of nonsignificant on the environment) for this undertaking, as per SEQR, for this project. The project is an unlisted action, as defined by SEQR. The Negative Declaration must be approved as a separate action and must be approved prior to the approval of the abandonment and sale and approval of transfer of title. Secondly, I am recommending that Your Honorable Body approve the abandonment and sale and transfer of title to dead end portion of Carroll Street (as described above) in the amount of Six Thousand Three Hundred Dollars ($6,300.00) to Mill Race Commons with the following conditions: That acceptable easements or other agreements shall be made between any public or private utilities if any that presently have legal overhead or underground lines, mains or cables within the right of way. Secondly, that the official closing/abandonment of the dead end portion of Carroll Street will not become effective until the deed conveying title of the property is filed in the Erie County Clerk's Office. Be it further resolved: The City of Buffalo will transfer title of a portion of Carroll Street on a Quit Claim Deed subject to covenants, easements, restrictions and rights of way of record, if any now in force. The Mayor is hereby authorized to execute any and all deeds or other documents necessary to convey the easterly portion of Carroll Street to Mill Race Commons, LLC. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 114 BY MR. KEARNS ELIMINATING DAMAGE TO CITY PARKS Whereas: Each year City parks see a significant increase in visitors during the summer months. During this year however, some are predicting an especially busy season because many City residents who have been impacted by our nation's economic downturn are likely to opt for local, cost effective entertainment options rather than costly trips to alternate and sometimes distant recreation areas; and Whereas: While most visitors to City parks are well behaved, Council members continue to receive calls from residents complaining o f littering, vandalism, public drinking, public urination, gang activity and other prohibited behavior occurring in City parks; and Whereas: With a higher than average number of residents likely to be using City parks this summer, it is especially important that they be kept clean and safe because the disrespectful actions of a few can substantially affect the quality of life for City residents and park users by intentionally limiting their ability to fully enjoy these community assets; and Whereas: Sadly, the actions of the select few who cause damage to City parks is a transgression against all City taxpayers in that it often causes the redirection of limited taxpayer funds from worthy purposes intended to support the common good, to instead pay the cost of repairing damage inflicted upon the infrastructure comprising the City Parks System; and Whereas: The varying responsibilities of the City of Buffalo, Erie County and the Buffalo Olmsted Conservancy pursuant to the Inter-municipal Parks Agreement and the severe budgetary restraints that each operates under have unfortunately led to minimal staffing and policing of City parks leading many to question whether those who violate the law have any fear of being of being caught or prosecuted; and Whereas: In order to send a strong and clear message that prohibited behavior will not be tolerated within City Parks, the City working together with its County and Conservancy counterparts, must take steps to deter violators before they break the law, apprehend those who do, and successfully prosecute to the fullest extent, those caught breaking the law. Now Therefore Be It Resolved: That this Common Council does hereby request that the City Police Department review the feasibility, during the summer months, particularly during the dusk and nighttime hours, of increasing current levels of Police presence within City park such as by establishing a dedicated Police Parks Unit to patrol City parks, and to file their findings and recommendations with the City Clerk for presentation to this Common Council at its next regularly scheduled meeting. And Be It Further Resolved: That this Common Council does hereby request that the City Police Department review the feasibility of purchasing, installing and staffing video monitoring devices (cameras) that could be placed in strategic locations within our City parks that have been hotspots for vandalism or criminal activity and to file their findings and recommendations with the City Clerk for presentation to this Common Council at its next regularly scheduled meeting. And Be It Further Resolved: That this Common Council does hereby request that the City's Law Department prepare a summary of the provisions and fine schedules listed in the City Code for transgressions to and within the City's Parks System and to file their findings and recommendations with the City Clerk for presentation to this Common Council at its next regularly scheduled meeting. And Be It Further Resolved: That this Common Council does hereby request that a copy of this Resolution be referred to the District Attorney's Office together with the unanimous request of the Members of this Common Council, that when prosecuting individuals who violate the public trust by damaging or defacing our City parks system, that they be prosecuted to the fullest extent of the law and that in addition to any financial penalties sought, that such individuals be required to perform community service with the City Parks System to ensure that perpetrators will be held personally and individually responsible for their careless actions against society and to the community at large. And Be It Finally Resolved: That this Common Council does hereby request that copies of this Resolution be forwarded to the Mayor, the Corporation Counsel, and the Commissioners of the City Departments of Administration, Finance and Urban Affairs, Police and Public Works, the Commissioner of the Erie County Department of Parks and Recreation and Erie County Legislator Maria Whyte, and the President/Chief Executive Officer of the Buffalo Olmsted Parks Conservancy for recommendation and comment and that this matter be committed to the Common Council's Special Committee on Parks for further discussion. MICHAEL P. KEARNS South District Common Council Member Suggested Action by the Common Council: Adopt Resolves 1, 2, 3, 4 and 5 Commit Resolution to Committee on Parks Refer Resolution to Admin, Finance and Urban Affairs, Police, DPW, Erie County Department of Parks and Recreation, Erie County Legislator Maria Whyte and the President of the Buffalo Olmsted Parks Conservancy ADOPT 1st FIVE RESOLVES THE REMAINDER REFERRED TO THE COMMITTEE ON PARKS OVERSIGHT NO. 115 BY MR. KEARNS INDIRECT COST ALLOCATION PLANS Whereas: The Monitoring Report for the Community Development Block Grant Program for the City of Buffalo as recently released by the Department of Housing and Urban Development (HUD) makes reference to the City's use of an outdated Indirect Cost Allocation Plan ("ICAP"); and Whereas: Under an ICAP, costs which the City incurs on a Direct basis in one operating unit are accumulated and then applied on an Indirect basis to another operating unit. For example, utility costs that are paid on a building-wide basis by the Dept. of Public Works, health and welfare benefits that are administered by the Dept. of Human Resources, and the salary and related fringe benefit costs for the Buyer in the Purchase Division who procures goods or services for a Requisitioning Division, can all be applied on a formula basis to the department, function, or entity that benefits from them indirectly, rather than paying for them directly; and Whereas: When properly prepared, the ICAP is more than just a useful tool in the budgeting process. It is an integral component for determining the true cost of government initiatives, especially those funded through grants, and can provide city government with the opportunity to recapture and reimburse direct costs on an indirect basis. Now Therefore Be It Resolved: That this Common Council does hereby request that the City Dept. of Administration and Finance, and the Buffalo Urban Renewal Agency on behalf of itself and its sub-contractors, file a copy of the ICAP's that they are currently utilizing with the City Clerk for presentation to this Honorable Body at its next regularly scheduled meeting. And Be It Further Resolved: That this Common Council does hereby request that the City Comptroller file a copy of the last and it(s) of the ICAP's described herein with the City Clerk for presentation to this Honorable Body at its next regularly scheduled meeting,. And Be It Further Resolved: That this Common Council does hereby request that representatives of the City departments and agencies identified herein attend the next scheduled meeting of the applicable Common Council committee meeting to discuss the communications which they have filed pursuant to the requests contained herein. And Be It Finally Resolved: That this Common Council does hereby request that a copy of this resolution be committed to its Committee on Finance, for further review and discussion. Michael P. Kearns South District Common Council Member Suggested Action by the Common Council: Adopt Resolves 1, 2, 3, and 4 Commit Resolution to Committee on Finance Refer Resolution to the City Dept. of Admin. & Finance, the Comptroller and the Buffalo Urban Renewal Agency ST ADOPT 1 FOUR RESOLVES THE REMAINDER REFERRED TO THE COMMITTEE ON FINANCE NO. 116 BY: MR. KEARNS TRANSFER OF FUNDS CAPITAL PROJECTS That, Pursuant to §20-12 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the sum of $780,552 be and hereby is transferred and reappropriated as set forth below. From 30000106 445100 $780,552 To: 31310406-445100 Infrastructure Repair/Replacement $500,000 30320606-445100 Building improvements $280,552 PASSED AYES - 9 NOES - 0 NO. 117 SPONSOR: MICHAEL J. LOCURTO AND RICHARD FONTANA RE: 2009 GREATER BUFFALO ITALIAN HERITAGE AND FOOD FESTIVAL Whereas: The North Buffalo Community Development Corporation, Hertel-North Buffalo Business Association, and the West Side Business and Taxpayers Association, Inc. have requested permission to again, jointly conduct the Greater Buffalo Italian Heritage and Food Festival from July 16 through July 19, 2009, on Hertel Avenue; and Whereas: These groups are also requesting that Hertel Avenue be closed to vehicular traffic between Delaware and Colvin Avenues during the above dates, and that cross streets between Colvin and Delaware Avenues, and also Linden and Tacoma between Delaware and Colvin Avenues, be designated festival areas; and Whereas: This festival will be a major expression of Italian Heritage which includes culture, customs, and foods and will once again attract people from hundreds of miles away; and Whereas: The Italian Festival Committee will continue the drastic changes that were made in 2002 in an effort to focus more on Italian Heritage. The changes are as follows: 1. The festival will run from Thursday, July 16, 2009, to Sunday, July 19, 2009 (4 days) 2. The hours of operation will be from 11:00 AM to 11:00 PM on Thursday, Friday, and Saturday, and from 11:00 AM to 10:00 PM on Sunday 3. The Festival Committee shall control the area bounded by Delaware Ave. from Linden to Tacoma Ave., Tacoma Ave. from Delaware Ave. to Colvin Ave. From Tacoma Ave. to Linden Ave., Linden Ave. from Colvin Ave. to Delaware Ave. 4. Within the above area, the festival will operate from just west of Virgil Ave. to just east of Crestwood Ave. shortening the operating area by approximately three blocks. 5. All large amusement rides and games of chance will be eliminated. 6. Where and when possible, all residents and businesses on Hertel Ave. between Delaware Avenue and Virgil Avenue will have access to their property. The Festival Committee will maintain the increased level and presence of security throughout the area agreed to by you and the Festival Board. 7. Electrical power provided by private source will eliminate large and noisy diesel generators with whisper quiet electrical generators which eliminate all hazardous wires criss-crossing the street. 8. The Festival Committee will be eliminating most non-food vendors thereby re-focusing our attention on ethnic and cultural areas. Now Therefore Be It Resolved: The North Buffalo Community Development Corp., Hertel-North Buffalo Business Association and the West Side Business and Taxpayers Association Inc. are hereby granted Permission to jointly conduct the 2009 Greater Buffalo Italian Heritage and Food Festival subject to the following conditions: 1 The Festival shall be conducted on Hertel Avenue from July 16, through July 19, 2009, between the hours of 11:00 AM and 11:00 PM, except Sunday when hours are 11:00 AM to 10:00 PM with Tuesday July 14, 2008 after 6:00 PM and Wednesday, July 15, 2008 to be used only as set up days, and Monday, July 20, 2008, to be used only as a breakdown day with traffic to recommence by 6:00 AM of that day; 2. Hertel Avenue, between Crestwood and Tennyson Avenues, shall be closed to vehicular and bicycle traffic, and dogs and other animals shall be prohibited during the festival. In addition, cross streets bounded by Colvin, Linden, Delaware, and Tacoma Avenues, including those boundary streets, shall be part of the festival area subject to its rules and regulations. Permitees with the cooperation of and at the direction of the Police department will furnish and locate barriers to be placed at the beginning time of the festival and to be removed at the end of the festival; 3. That the city-owned residential area parking lot, located behind 1180 Hertel shall be closed to general use and shall be reserved solely for those residents of Hertel Avenue residing within the festival area, and this restriction shall be enforced strictly by the city and festival committee; 4. That the festival committee be, and hereby is, authorized to erect appropriate banners and fittings on street lamp posts on Hertel Avenue from the easterly side of Colvin Avenue to the westerly side of Delaware Avenue, and to hang a banner across Hertel Avenue and at Sorrento's on South Park Avenue, all within conditions specified by the Department of Public Works; 5. Permitees shall furnish to the City of Buffalo proper liability insurance as determined by Special Events Committee and Corporation Counsel; 6. Permitees shall assume complete responsibility for removing barriers, decorations, barricades, stands, equipment and any trash or debris in the area arising out of the festival; 7. Permitees shall assume complete responsibility for conducting the festival in compliance with all laws and ordinances applicable, and with all directives of the various city departments, including Police, Fire, Street and Sanitation, Transportation, and Public Works; 8. Permission is hereby granted for the above under such terms and conditions so as to protect the interest of the City of Buffalo, as set forth by the Special Events Committee. ADOPTED NO. 118 BY: MR. RIVERA RE: ORDINANCE AMENDMENT CHAPTER 341 : PROPERTY MAINTENANCE The Common Council of the City of Buffalo does hereby ordain as follows: That Chapter 341: Article 2 of the Code of the City of Buffalo be amended to read as follows: § 341-11. Fowl. A. It shall be unlawful for any person to keep any chicken, pigeon, turkey, duck or any fowl in any residential or commercial district in any building or structure or on the same lot or premises [.], except as provided in Sections 341 - 11.1 through 341 - 11.5 hereof. B. It shall be unlawful for any person to keep any chicken, pigeon, turkey, duck or any fowl in any manufacturing district more restrictive than M2 in any building or structure or on the same lot or premises[.], except as provided in Sections 341-11.1 through 341-11.5 hereof. § 341-11.1 Exceptions for Chicken Hens A. It shall be lawful for and person to keep, permit, or allow an domesticated chicken hens in an residential district under the following terms and conditions: 1. No more than five (5) chicken hens shall be allowed for each single-family dwelling or multi-family,/dwelling. 2. No chicken hens shall be allowed in multi-family complexes, including duplexes, without the expressed, written consent of the owner of the building and all tenants residing in the building other than the applicant. 3. No roosters shall be allowed. 4. Chicken hens are to be restricted to the rear or backyard of any lot in a residential zoning district or the rear or backyard of a residential use in all other zoning districts. 5. Chicken hens shall be kept as pets and for personal use only; no person shall sell eggs or meat or engage in chicken breeding or fertilizer production for commercial purposes. 6. Persons wishing to keep chicken hens within the City of Buffalo must obtain a license from the Office of the City Clerk after payment of a one-time, twenty-five dollar ($25.00) fee and after inspection and approval of the coop and cage that chicken hens are to be kept in by an Animal Control Officer, pursuant to §341-11.4 hereof. §341-11.2 Chicken License Application Contents A. The Application for such license shall include the following information: 1. The name, phone number, and property address of the applicant; 2. The location of the subject property; 3. The size of the subject property; 4. The number of chicken hens the applicant seeks to keep on the property; 5. A description of an5' coops or cages that will house the chicken hens, together with a description of any fencing, barriers or enclosures surrounding the curtilage of the 6. A scaled drawing, showing the precise location of cages, coops, enclosures, fences and barriers in relation to property lines and to houses on adjacent properties; 7. A description of the manner by which feces and other waste materials wii1 be removed from the property or will be treated so as not to result in unsanitary conditions or in the attraction of rodents and insects; 8. A signed statement from the property owner, if the applicant is not the property owner, granting the applicant permission to engage in the keeping of chicken hens as described in the license application; 9. A signed statement from an,! and all tenants of the building that they consent to the applicant's keeping of chicken hens on the premises; The addresses of all properties within a fifty (50) foot radius of the subject §341-11.3 Chicken Coop Setbacks and Limitations A. Setbacks 1. The coops or cages housing such chicken hens must be situated at least twenty (20) feet from any door or window of a dwelling, school, church or other occupied structure, other than the applicant's dwelling. 2. The coops or cages housing such chicken hens may not be located in front or side street yard areas and shall not be located within five (5) feet of a side yard lot line nor within eighteen (18) inches of a rear yard lot line, except where the rear lot line forms the side lot or front lot line of an abutting property, in which case the setback from such rear lot line shall be five (5) feet. No chicken hens shall be kept in front yard or side street yard areas. B. Enclosures/Coops and Cages 1. The chicken hens shall be kept within both a coop and a fenced outdoor 2. The chicken hens must be kept in the coop and fenced outdoor enclosure at all times and shall not be allowed to run free in the fenced outdoor enclosure unless a responsible individual, over the age of eighteen (18) is on the premises. 3. The chicken coop shall be a covered, predator-resistant, well-ventilated structure providing a minimum of 2 square feet per chicken hen. 4. The outdoor enclosure shall be adequately fenced to contain the chicken hens and to protect the chicken hens from predators. 5. The coop must be kept in a clean, dry and sanitary condition at all times. 6. The outdoor enclosure shall be cleaned on a regular basis to prevent the accumulation of animal waste. 7. The total area of all coops or cages on a lot shall not be greater than thirty/two (32) square feet for up to five (5) chicken hens. Coops and cages, singly or in combination, shall not exceed seven (7) feet in height. 8. The chicken feed or other food used to feed the chicken hens shall be stored in a rat-proof, fastened container stored within a structure, which shall only be unfastened for the retrieval of food and immediately re-fastened thereafter. 9. the chicken hens shall be fed only from an approved trough. Scattering of food on the ground is prohibited. C. Sanitation and Nuisances 1. Chicken hens shall be kept only in conditions that limit odors and noise and the attraction of insects and rodents so as not to cause a nuisance to occupants of nearby buildings or properties and to comply with applicable provisions of both the New York State and Erie County Sanitary Codes. 2. Chicken hens shall not be kept in a manner that is injurious or unhealthful to any animals being kept on the property. D. Slaughtering 1. There shall be no outdoor slaughtering of chicken hens. §341-11.4 Review and Expiration A. Initial Review. 1. Upon receipt of a chicken license application and the requisite license fee, the City Clerk shall immediately notify the Office of Animal Control of said application, including the number of chicken hens sought to be licensed and the location of the proposed chicken coop or cages. 2. The City Clerk shall immediately notify those property owners who own the properties within fifty (50) feet of the applicant's property and provide them with an opportunity to provide written comments as to their support or opposition to the proposed chicken coop. 3. The Common Council of the City of Buffalo and the Office of the Mayor shall also immediately be notified of the chicken license application. 4. If the City Clerk receives no written comments evidencing opposition to or concern regarding the proposed chicken coop within twenty days of receipt of the application, he or she shall issue a license for up to five chicken hens to the applicant that shall be non- transferrable and valid for one year from the date of a satisfactory inspection of an Animal Control Officer, which shall be subject to the renewal provisions set forth below. 5. If the City Clerk receives written comments evidencing opposition to the proposed chicken coop and cage within twenty days of receipt of the application, he or she shall file with the Common Council: the complete chicken license application and all comments received regarding the application for its consideration thereof. 6. The Common Council shall determine, in its discretion, and taking into account the entire record before it, whether or not a chicken license shall be issued to the applicant. The Common Council shall be empowered to impose further conditions on the license that it deems to be necessary to preserve the public health, safety and/or welfare. 7. Upon the approval of a majority of the Common Council, the Mayor shall take action on the license application in accordance with City Charter §3-19. 8. The Office of Animal Control shall cause an inspection of the proposed chicken coop to be conducted to verify conformance with the provisions of §341-11 through 341-11.5 hereof within forty-five (45) days of the applicant being issued a license. 9. After completion of the inspection by an Animal Control Officer and confirmation that the coop conforms to the specifications provided in the application approved b7 the City Clerk, the licensee shall be allowed to keep the number of chicken hens specified in the license on the premises. 10. A license issued to an applicant shall include the licensee's proper name, the property address for which the license is valid, the number of chicken hens allowed at the property address, a unique license number, the date the license was issued, an expiration date exactly one year from the date of issuance and any conditions imposed by the Common Council. 11. Only one chicken license shall be issued per applicant and per property. No licensee shall be eligible to obtain a chicken license for multiple properties, nor shall more than one license be issued to one property address. B. Renewal 1. On the first day of May of every year, the City Clerk shall file with and notify the Common Council, the Office of the Mayor and the Department of Permits and Inspection Services of all chicken hen licenses issued in the prior year, including the names of the licensees, the property addresses, the number of chicken hens licensed at said property and the issuance and expiration dates of said licenses. st 2. On or before June 1of every gear, the Common Council, the Office of the Mayor or any other interested party shall file complaints received regarding licensed chicken hens. 3. Any complaints received regarding any particular chicken license issued shall be considered at a meeting of the Committee on Legislation at which the licensee and any other interested party shall have the right to be heard concerning said license. 4. The Common Council may, in its discretion, not renew any chicken license for any reason after the licensee and any other interested party has been given an opportunity to be heard. st 5. On June 1of every year, the Common Council shall proceed to consider renewal of all chicken licenses issued as prescribed in Subsections 341.11.4B(1-4) and may revoke any license issued pursuant thereto. 6. If, at any time, the Common Council is made aware of any complaints regarding a properly licensed chicken coop, it may proceed to hear the complaints of any interested party and the defense of the licensee at a meeting of its Legislation Committee, and may revoke the license issued for any reason. 7. Except in the case of a chicken coop that is not permanently affixed to the ground and is therefore mobile, any licensee shall first obtain a building permit in accordance with Chapter 103 hereof prior to constructing or erecting a chicken coop not inconsistent herewith. APPROVED AS TO FORM Asst. Corporation Counsel NOTE: Matter underlined is new, matter in brackets is to be deleted. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 119 BY: MS. RUSSELL BUDGET AND PERSONNEL AMENDMENT 04 - DEPARTMENT OF AUDIT & CONTROL 1042 - AUDIT 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 04 - Department of Audit & Control, 1042 - Audit which currently reads: 8 Senior Accountant $ 43,484 - $ 48,930 Is hereby amended to read: 7 Senior Accountants $ 43,484 - $ 48,930 1 Senior Auditor $ 43,484 - $48,930 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 ANDREW A. SANFILLIPO, COMPTROLLER 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. COMPTROLLER DONNA J. ESTRICH DIRECTOR OF BUDGET, ADMINISTRATION AND FINANCE PASSED AYES - 9 NOES - 0 NO. 120 BY: MR. DEMONE SMITH REQUEST THAT BUFFALO FIRE DEPARTMENT OFFER BLOOD PRESSURE CHECKS AT ALL CITY OF BUFFALO FIREHOUSE Whereas: Heart disease affects 14 million American. It kills more than 600,000 Americans and more than 7 million people worldwide each year, making it the no. 1 cause of death in united states and aboard; and Whereas Coronary heart disease is the single largest killer in the United States, causing one of every five deaths, with the Buffalo Niagara region having one of the highest rates of heart disease in the nation. In Western New York, the heart disease rate is twice that of the national average; and Whereas Everyone should be aware of their risks for developing heart disease and should discuss ways to minimize these risks with their healthcare provider. Additionally everyone should be aware of possible symptoms that can cause a heart attack, and should seek immediate care if they develop such symptoms; and Whereas One in three adults has high blood pressure. Alarmingly, only 70 percent of those with high blood pressure have it under control. For people with high blood pressure, checking their numbers regularly and making sure they are under control can save their life. The higher the blood pressure someone has, the higher the risk he or she has for having a heart attack; and Whereas: The Buffalo Common is committed to bettering the health and well being of the residents of the City of Buffalo, by initiating community programs that would improve the wellness of our community through health an education programs; and Whereas: In order to promote heart disease awareness to City residents, the Buffalo Common Council would like provide places where residents can have their blood pressure checked on a regular basis at no expense to them; and Whereas: In our neighboring county of Monroe Fire Fighters has started a Blood Pressure Outreach Program, whereas citizens can visit various fire stations throughout the City of Rochester to have their blood pressure check; Now, Therefore, Be It Resolved That: The Buffalo Common does hereby request that the City of Buffalo's Fire Department implement a program to establish a free blood pressure screening check station for citizens in our community at all City Fire Stations; and Be It Further Resolved that the Fire Department Emergency Medical Services Division is requested to file a written report with the Buffalo Common Council within twenty (20) days of the passage of this resolution, advising this Council on the feasibility, the costs and the personal associated with establishing a free city-wide blood pressure screening program; and Be it Finally Resolved That; Copies of this resolution be forwarded to the Mayor Brown W. Brown, Michael Lombardo, Fire Commissioner, Garnell W. Whitfield, Deputy Fire Commissioner and the law Department for their review and comments. REFERRED TO THE COMMITTEE ON LEGISLATION. NO. 121 BY: MR. DEMONE SMITH RE: TOBACCO POINT OF PURCHASE RESOLUTION Whereas: Tobacco use kills over 25,000 New Yorkers every year, and is the leading preventable cause of death in our communities; and Whereas: The surgeon general has concluded that tobacco advertising contributes to youth smoking rate; and Whereas: Each year tobacco companies spent $15.4 billion to market cigarettes in the United States, including $ 516 million in New York; and Whereas: over 24,900 youths under 18 in New York State become new daily smoker each year and 3 out of 4 teenagers shop in convenience stores at least once per week; and Whereas: Tobacco advertising in retail stores has a powerful influence on teens, who are significantly more likely to smoke due to advertising than they are due peer pressure; and Whereas: Research shows that youth are more than as likely as adults to recall tobacco advertising; and Whereas: Outdoor and exterior-facing tobacco ads in retail stores are often seen by students walking to and from school; and Now Therefore Be It Resolved that the Common Council of the City of Buffalo-hereby partners with Erie-Niagara tobacco-free coalition in requesting that retailers reduce overall tobacco advertising in their place of business and eliminate tobacco advertising from areas likely to be seen by children, including exterior poles walls windows facing "out", interior wall space below five feet, near candy displays, and on counter tops; and Be It Further Resolved that the Common Council of the City of Buffalo hereby encourages law enforcement agencies throughout take appropriate measures to ensure all local, state and federal law regarding all signage are observed. REFERRED TO THE COMMITTEE ON LEGISLATION NO. NO. 122 BY MR. SMITH FELICITATIONS/IN MEMORIAM Attached hereto are Felicitation and In Memoriam Resolutions sponsored by Members of the Common Council as indicated: Felicitation for Iluminado Diaz By Councilmember Brian C. Dakis Felicitation for Thurman Thomas Sports By Councilmember Brian C. Davis & Demone A. Smith ADOPTED NO. 123 BY: DEMONE A SMITH APPOINTMENTS COMMISSIONER OF DEEDS That the following persons are hereby appointed as Commissioner of Deeds for the term ending December 31, 2010, conditional, upon the person so appointed certifying under oath to their qualifications and filing same with the City Clerk: Betty Jean Grant Albert W. Petko Margaret McLaughlin Joseph R. Tomasulo Jeanna Divitta Jessica Gruber TOTAL 6 ADOPTED NO. 124 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, July 14, 2009 at 9:45 o'clock A.M. Committee on Finance following Civil Service Tuesday, July 14, 2009 at 10:00 o'clock A.M. Committee on Comm. Dev. Tuesday, July 14, 2009 at 1:00 o'clock P.M. Committee on Legislation Tuesday, July 14, 2009 at 2:00 o'clock P.M. Committee on Claims Wednesday, July 15, 2009 at 10:00 o’clock AM Special Committees Special Committee on Transportation Wednesday, July 15, 2009 at 11:00 o’clock AM (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. 125 ADJOURNMENT On a motion by Mr. Fontana, Seconded by Mrs Russell, the Council adjourned at 2:45 PM GERALD CHWALINSKI CITY CLERK