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HomeMy WebLinkAbout09-0609-0521ss (2) No. 12 PROCEEDINGS OF THE CITY OF BUFFALO June 9, 2009 SPECIAL SESSION MAY 21, 2009 MAYOR Hon. Byron W. Brown COMPTROLLER Andrew Sanfilippo COMMON COUNCIL PRESIDENT OF THE COUNCIL FILLMORE DISTRICT DAVID A. FRANCZYK PRESIDENT PRO TEMPORE SOUTH DISTRICT MICHAEL P. KEARNS MAJORITY LEADER LOVEJOY DISTRICT RICHARD A. FONTANA DISTRICT COUNCIL MEMBERS BRIAN C. DAVIS – ELLICOTT DEMONE A. SMITH – MASTEN MICHAEL J. LO CURTO – DELAWARE JOSEPH GOLOMBEK JR. – NORTH DAVID A. RIVERA- NIAGARA BONNIE C. RUSSELL-UNIVERSITY REGULAR COMMITTEES CIVIL SERVICE COMMITTEE: Bonnie E. Russell Chairman, Brian C. Davis, Michael P. Kearns, David A. Rivera, Joseph Golombek Jr. -Members CLAIMS COMMITTEE: David A. Rivera Chairman, Michael P. Kearns, Richard A. Fontana, Bonnie E. Russell - Members COMMUNITY DEVELOPMENT COMMITTEE: Michael LoCurto, Chairman, Richard A. Fontana, Joseph Golombek Jr., David A. Rivera, Demone Smith - Members FINANCE COMMITTEE: Michael P. Kearns, Chairman, Brian C. Davis, Michael J. LoCurto, David A. Rivera, Bonnie E. Russell - Members. LEGISLATION COMMITTEE: Joseph Golombek Jr., Chairman, Brian Davis, Richard A. Fontana, Michael LoCurto, David Rivera-Members. RULES COMMITTEE: David A. Franczyk, Chairman, Michael P. Kearns, Richard A. Fontana - Members SPECIAL COMMITTEES BUDGET COMMITTEE: Richard A. Fontana., Chairman, Michael P. Kearns, Michael J. LoCurto, Demone Smith - Members EDUCATION COMMITTEE: Demone Smith, Chairman, Brian C. Davis, Richard A. Fontana, Members MINORITY BUSINESS ENTERPRISE COMMITTEE: Demone Smith Chairman, Brian C. Davis, Richard A. Fontana, Joseph Golombek Jr., David A. Rivera, Members POLICE OVERSIGHT: Brian C. Davis, Chairman, Richard A. Fontana, David A. Rivera, Bonnie E. Russell, Demone Smith – Members PUBLIC TRANSPORTATION: Michael P. Kearns, Chairman, Richard A. Fontana, Michael J. LoCurto, David A. Rivera - Members WATERFRONT DEVELOPMENT COMMITTEE: Michael P. Kearns, Chairman, Brian C. Davis, Joseph Golombek, Jr, David A. Rivera, members CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO TUESDAY, JUNE 9, 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 May 26, 2009 were approved. INVOCATION PLEDGE TO FLAG DATE June 9, 2009 FINAL MAYOR 1- A. Contract for Phase II of Citywide Surveillance Camera Project FIN MAYOR – EXECUTIVE 2- 1. Strat Plan-Report of Sale-458 Massachesetts (Nia) APP 3- 2. Stat Plan-Results of Neg-238 Ontario St Parking Lot(North) APP COMPTROLLER 4- 2A Certificate of Necessity PW R&F 5- 3. Response Info Requested Regarding Budget BUDGET COUNCIL PRESIDENT 6- 4. SEQR Buffalo Niagara Medical Campus Kaleida Health ADOPT ASSESSMENT 7- 5. Accepting Monthly Real Estate Tax Payments LEG MANAGEMENT INFORMATION SYSTEMS 8- 6. Appt Special Asst to the Chief Information Officer(Exempt)(Cottman) CS,COLL PUBLIC WORKS 9- 7. Change in Contract-John W. Danforth Co(Ell) APP 10- 8. Change in Contract-O’Connell Elec. (Ell) APP 11- 9. Easement With County of Erie for Land Surrounding Union Ship Canal APP 12- 10. Permission to Accept/Execute Grant Agreements-MLK Park-Eastern Pk Renov APP 13- 11. Permission to Increase Contract-Bergmann Assoc APP 14- 12. Permission to Increase Contract-Main Street Contract APP 15- 13. Report of Bids-Police HQ Asbestos Abatement(Ell) APP 16- 14. Trade In of Vehicles APP W/COND 17- 15. Appt Caulker Supervisor I, (Prov)(Inter)(McManus) CS POLICE 18- 16. Justice Assistance Grant Program Renewal-Year 4 APP 19- 17. L. Steinhart-COB Cellblock Payments to Erie County R&F FIRE 20- 18. Mandatory Radio Frequency Reconfiguration/Formal Author Request APP PERMITS AND INSPECTIONS 21- 19. Food Store-177 Riley (Ell) LEG 22- 20. Restaurant Dance License(Renewal)-2897 Bailey Ave(Univ) LEG 23- 21. Restaurant Dance License(Renewal)-681 Main St (Ell) LEG 24- 22. Slaughterhouse-1285 William (Fill) LEG 25- 23. Used Car Dealer 954 Niagara (Nia) LEG COMMUNITY SERVICES 26- 24. Req Perm. To Accept Grant From Governor’s Traffic Safety Comm APP CITY CLERK 27- 25. Liquor License Applications R&F 28- 26. Reports of Attendance R&F 29- 27. Notices of Appointments-Council Interns ADOPT 30- 28. Notices of Appointments-Mayors Program R&F 31- 29. Notices of Appointment-Seasonal R&F 32- 30. Notices of Appointments- Temp/Prov/Perm CS MISCELLANEOUS 33- 31. Buffalo Water System Monthly Report May 2009 R&F 34- 32. T. Dee-Draft Coord Plan Meeting-Buffalo Harbor Bridge R&F 35- 33. M. Goff-Homesteading 214-220-230-234 East Utica CD,OSP,RE,CC 36- 34. M. Gorman-Buffalo Homecoming 2009 Citybration LEG 37- 35. D&P Grzebielucha-Concerns Abandonment/Sale Portion of S. Pierce(Lov) LEG,CC 38- 35A M. LoCurto-CDBG Monitoring Report-Sunset Bar & Grille CD 39- 35B M. LoCurto, etc-News Article-One Sunset Operations Criticized CD 40- 36. M. LoCurto-Req Employee Info for BURA and BNRC R&F 41- 37. Olmsted Parks-Grant for Field Upgrade Riverside Park R&F 42- 38. S. Radominski, Sr.-Concerns Water Bill 133 Weimer FIN,PW 43- 39. D. Wangelin-Grassroots Gardens Req Clear Understanding of COB Lease Process Re Vacant Lots CD 44- 40. J. Ward-Metro Housing Auth-Interest in Providing Police Services to BMHA CD PETITIONS 45- 41. L. Davis, Owner, Use 637 Fourth St for a Bicycle Shop, Outdoor Toy Sales & Hot Dog Cart(Ell)(hrg 6/16) LEG,CPBD,ZONING 46- 42. B. Bernatovicz, Agent, Use 470 Smith for a Ground Sign(Fill)(no pub hrg) LEG,CPBD 47- 43. S. Shafie, Agent, Use 402 Clinton St for a Ground Sign(Ell)(no pub hrg) LEG,CPBD,ZONING RESOLUTIONS th 79- 44. Davis 10 Annual Allen West Festival ADOPT nd 80- 45. Davis 52 Annual Allentown Art Festival ADOPT ------ 46. Davis Holding Hearings Reg the Plan to Eliminate of Parking Fees For Special Events WITHDRAWN 81- 46A Davis, etc Perm to hang banners on Delaware & North ADOPT 82- 47. Franczyk Auth the Acquisition of Permanent Easement Rights Hamburg Drain Facility APP 83- 48. Franczyk Oppose Bank of America Closing at 949 Broadway ADOPT 84- 49. Franczyk Waive Permit Fee American Legion Convention Parade 7/10/09 APP 85- 49A Golombek Grant Perm for Bflo Homecoming Celebration- Hang Banner on Elmwood ADOPT 86- 50. Kearns, etc Inc Transparency by Req Public Bodies Hold Mtgs in Centralized Locations for Recordings and Airing on CATV ADOPT RESOVES-REM TO FIN 87- 50A Kearns Transfer in Funds PW APP 88- 50B Kearns Grant Permission to Sorrento Lactails Commercial, Inc Hang Banner On South Park Ave ADOPT 89- 51. LoCurto, etc The Need for Immediate Audit of BURA and BERC ADOPT RESOLVES-REM TO CD 90- 52. LoCurto, etc Compelling Transparency-Not for Profit Org the Receive STND Taxpayer Dollars ADOPT 1&2 RES REM TO CD 91- 53. LoCurto Perm to Hange Banners Around Canisius HS ADOPT 92- 54. LoCurto Perm to Hang Flags and Lights Along Hertel ADOPT 93- 55. LoCurto,etc Req Info Relating to CDBG ADOPT RESOLVES-REM TO CD 94- 55A LoCurto,etc City Employees Receiving Multiple Salaries ADOPT 95- 56. Smith Felicitations in Memorium ADOPT 96- 57. Smith Comm of Deeds Public Duties ADOPT 97- 58. Smith Comm of Deeds ADOPT SUBMISSION LIST OF COMMITTEE ITEMS FOR THE COUNCIL MEETINGS CIVIL SERVICE 48- 1. Com 25 May 26 Appt Assistant Auditor (Perm)(Max)(O’Donnell)(Compt) APP 49- 2. Com 26 May 26 Appt Senior Tax Clerk(Perm)(Second Step)(Quinn)(Assess) APP 50- 3. Com 56 May 26 Notices of Appointments-Temp/Prov/Perm(Cty Clk) R&F FINANCE 51- 4 No 34 Apr 28 M. Kearns, D. Franczyk, R. Fontana, D. Rivera-Req Additions to the Upcoming Bond Sale R&F COMMUNITY DEVELOPMENT 52- 5. Com 9 May 26 Report of Sale 237 Ashley(Fill)(Strat Plan) APP 53- 6. Com 10 May 26 Report of Sale 217, 221 & 225 Bristol (Fill)(Strat Plan) APP 54- 7. Com 13 May 26 Report of Sale 330 Massachusetts (Nia)(Strat Plan) APP 55- 8. Com 17 May 26 Report of Sale 134 Rother (Fill)(Strat Plan) APP 56- 9. Com 18 May 26 Report of Sale 79 Walden (Fill)(Strat Plan) RECOMMIT 57- 10. Com 20 May 26 Report of Sale 22 Wilson (Fill)(Strat Plan) APP 58- 11. Com 50 May 26 Denial of 762 Columbus Pky-Deficient Lot & Area Req(Zoning) R&F 59- 12. No 58 May 26 B. Davis-R Rienas-Article Demolition Derby R&F 60- 13. No 64 May 26 D. Rivera-Demo of Properties on Busti R&F 61- 14. No 31 May 12 City Neighborhood Agenda Meeting Lovejoy District R&F 62- 15. No 34 May 12 R. Fontana-Info Energy Savings From New Bflo Impact RECOMMIT 63- 16. No 38 May 12 D. Mullen-Env Impact Statement-Buffalo Harbor Bridge W/FRONT LEGISLATION 64- 17. No 67 May 26 J. Crewson, Agent, Use 191 Ganson St to Include a Concrete Crushing Plant (South)(hrg 6/2) RECOMMIT 65- 18. No 71 May 26 M Hatlen, Agent, Use 387 Forest Ave for A Sidewalk Café(North)(no pub hrg) APP W/COND 66- 19. No 72 May 26 J Jarno, Agent, Use 652 Ogden South For A Pole Sign APP 67- 20. Com 1 May 26 Appt Members Buffalo Preservation Board (Gurney, Howard,Laping)(Mayor) APP 68- 21. Com 42 May 26 Food Store –749 Jefferson (Ell)(EDPI) APP W/COND 69- 22. Com 43 May 26 Food Store-143 Walden (Fill)(EDPI) APP 70- 23. Com 45 May 26 Second Hand Dealer-2202 Seneca St (South)(EDPI) APP 71- 24. No 61 May 26 D. Franczyk-A Forman-Req Waive Fees for Parade R&F 72- 25. No 100 May 26 Create a COB Employment Protection Act strd (Except 1 & 3 Res)(#129,9/16) RECOMMIT 73- 26. No 45 May 12 T. Shafie, Owner, Use 2104 South Park for a Used Car Lot(South)(no pub hrg) APP W/COND 74- 27. No 69 Mar 17 Food Store License-332 Elmwood(Ell)(EDPI)(#21, 3/3) APP W/COND 75- 28. No 49 Mar 31 M. Osterreicher-Day Care Tax Penalty(Mas) R&F 76- 29. No 45 Mar 17 D. Smith-Day Care Tax Penalty R&F 77.- 30. No 46 Mar 17 D. Smith-Info-Daycare Tax Penalty R&F 78 31. Res 70 Feb 17 Day Care Tax Penalty R&F FROM THE MAYOR NO. 1 CONTRACT FOR PHASE II OF THE CITYWIDE VIDEO SURVEILLANCE CAMERA PROJECT ITEM #2, C.C.P 10/30/2007 I am pleased to inform this Honorable Body of an Item requesting the approval for a continuation of a contract with Johnson Controls, Inc. involving the expansion of the Buffalo Police Department Wireless Security Camera Network into Phase II. This phase of the project will encompass the purchase and installation of fifty-two (52) surveillance cameras and technical support equipment, several optional items and continued maintenance and support for Phase I and IL This expansion has been made possible through the use of the second round of NYS Aid Incentive to Municipalities (Efficiency Grant) funding, COPS grant funding, JAG stimulus funding, Port Security grant funding and Drug Asset Forfeiture funds. These fifty-two (52) cameras will be added to the already existing neighborhood crime prevention network of seventy (70) cameras installed under Phase I and will provide the Buffalo Police Department and other first responders with further coverage in more areas of the City, in each council district, and access to real-time video in emergency situations and evidence in criminal proceedings. Phase II includes: fifty-one (51) surveillance cameras with installation hardware and supporting software, structural engineering design, permits, performance bond and power to pole cams and backhauls ($2,182,464), options for ten (10) fixed cameras ($71,190), new camera monitoring room and additional work on existing camera room ($320,000), shot spotter with maintenance ($438,230), mobile command center updates ($46,611), Erie Basin Marina observation tower camera, including radar and infrared capabilities ($336,888) and continued maintenance and support for both Phases ($358,446). This brings the total possible cost of Phase I1 (if all options are exercised) to $3,753,829. Johnson Controls, Inc. was the lowest responsible bidder per the RFP issued on June 15, 2007 regarding this project and is now being requested to incorporate Phase II into this project. Approval of this contract extension will allow the City and the Buffalo Police Department the ability to further enhance a very powerful and worthwhile law enforcement tool that has already provided improved safety and security of the City's streets and public places. I appreciate your support for this contract extension and for a project that has already produced positive results for the citizens of Buffalo. REFERRED TO THE COMMITTEE ON FINANCE FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE OFFICE OF STRATEGIC PLANNING NO. 2 REPORT OF SALE 458 MASSACHUSETTS, 30' E NINETEENTH LOT SIZE: 32' X 89' ASSESSED VALUATION: $4,900.00 (NIAGARA DISTRICT) The Office of Strategic Planning, Division of Real Estate has received a request from the People United for Sustainable Housing (PUSH), Mr. Aaron Bartley, 271 Grant Street, Buffalo, New York 14213 to purchase 458 Massachusetts Avenue. PUSH owns an apartment building at 456 Massachusetts, which is adjacent to 458 Massachusetts. They intend to use the vacant lot for additional green space and parking for their tenants. The Division of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. The Division of Real Estate has investigated the sale of similar lots in the subject area. Sales range from Ninety Cents ($.90) to Two Dollars ($2.00), per square foot. The report of sale is that PUSH has agreed and is prepared to pay Four Thousand Three Hundred Dollars ($4,300.00), One Dollar and Fifty Cents ($1.50) per square foot for the subject property. They have also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 458 Massachusetts to PUSH in the amount of Four Thousand Three Hundred Dollars ($4,300.00). I am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. Mr. Fontana moved: That the above communication from the Office of Strategic Planning dated May 15, 2009, be received and filed; and That the offer from the People United for Sustainable Housing (PUSH), Mr. Aaron Bartley, 271 Grant Street, in the sum of four thousand and three hundred dollars ($4,300.00) for the purchase of 458 Massachusetts, be and hereby is accepted; and That the transfer tax, recording fees and Cost of legal description shall be paid by the purchaser; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES - 9 NOES - 0 NO. 3 RESULTS OF NEGOTIATIONS ABANDONMENT & SALE OF 238 ONTARIO STREET PARKING LOT (APPROX. 89 ACRES AND 817 TONAWANDA STREET PARKING LOT (APPROX. 11 ACRES) NORTH DISTRICT In the above referenced item Your Honorable Body designated Ellicott Development Company (1093 Group, LLC), as the redeveloper for the above mentioned properties. The Developer will acquire and improve a portion of the existing parking lot for expansion of their building located at 827 Tonawanda Street and the future construction of a 14,673 sq. ft. retail facility. The Department of Public Works, City of Buffalo Planning Board and Land Use Planning Committee were contacted and there were no objections to the abandonment and sale of the parking lot. The Division of Collections and Department of Economic Development, Permit and Inspection Services were also contacted. There are no outstanding financial obligations owed to the City by the purchaser or code violations on other properties owned by the purchaser. In accordance with Article 27, Section 27-4 of the City Charter a real estate appraisal of the property was conducted by Donna Reiner of Northeastern Appraisal Associates to estimate the Fair Market Value of the subject property. The appraiser has estimated the Fair Market Value to be THIRTY THOUSAND DOLLARS ($30,000.00). The appraisal report was submitted to and reviewed by the City of Buffalo Appraisal Review Board and the Board has recommended the value established by the Appraiser. I am recommending that Your Honorable Body approve the abandonment/sale of the parking lots located at 238 Ontario Street and 817 Tonawanda Street to 1093 Group, LLC in the amount of THIRTY THOUSAND DOLLARS ($30,000.00). I am further recommending that the Executive Director, Office of Strategic Planning prepare the necessary documents for the sale and 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 May 18, 2009, be received and flied; and That the City of Buffalo does hereby abandon 238 Ontario Street Parking Lot (Approximately 89 acres and 817 Tonawanda Street Parking Lot (Approximately 11 acres) and authorizes the City to sell such property pursuant to Article 27, Section 27-4 of the Charter of the City of Buffalo; and That the Director of Real Estate negotiate with 1093 Group, LLC, for the purchase of 238 Ontario Street Parking Lot (Approximately 89 acres and 817 Tonawanda Street Parking Lot (Approximately 11 acres); and That the Director of Real Estate report back to the Common Council with the results of negotiations for final approval. PASSED AYES - 9 NOES - 0 FROM THE COMPTROLLER NO. 4 CERTIFICATE OF NECESSITY TRANSFER OF FUNDS I DEPARTMENT OF PUBLIC WORKS We, Byron W. Brown, Mayor and Andrew A. SanFilippo, Comptroller, do hereby certify, pursuant to §20-12 of the Charter, that it is necessary that the sum of $100,000 be transferred and reappropriatcd within Public Works, as set forth below: From: Engineering 13112006 - 490000 - Freeze Funds $100,000 To 13296006 - 443301 Buildings - Equipment Repair $85,000 13296006 - 443200 Buildings - Building Repair $15,000 Dated: Buffalo, NY, May 20, 2009 RECEIVED AND FILED NO. 5 RESPONSE TO MEMO DATED APRIL 30, 2009 RELATED TO INFORMATION TO BE FURNISHED AT COMMON COUNCIL BUDGET HEARINGS The City Comptroller's Office received your memo dated April 30, 2009 on May, 4, 2009, which did not allow for sufficient time to prepare the information as requested prior to our department's budget hearing with the Common Council. We addressed your request verbally prior to the budget hearing. As a follow up to such discussions held and subsequently to a request from you to provide our responses in writing, following are . such responses. • The City Comptroller's Office does not have any employees within our department who have been assigned a mobile telecommunication device. • The City Comptroller's Office has not assigned any vehicles to any employees within our department. • The City Comptroller has been assigned a charge card. No other employee within our department has been assigned a gas, debit charge card, procurement card, or Metro bus or rail pass. •Please refer to Attachment A regarding contemplated departmental travel and related costs. • No employee of the City Comptroller's Office receives a salary from any allied city agency. • The City Comptroller's Office has one employee whose salary is fully paid for from grant funding related to Homeland Security compliance. This individual is a Senior Auditor whose current salary is $43,528. No other employees are either fully paid or partially paid from grant funds. • The City Comptroller's Office does not have any personal service contracts outstanding, nor were any entered into during 2008/2009 or anticipated for 2009/2010. • The City Comptroller's Office has not completed any NYS retirement system forms CSC-20 providing for the re-employment of a retiree. If you have any questions or require additional information, please don't hesitate to contact me. REFERRED TO THE SPECIAL COMMITTEE ON BUDGET FROM THE PRESIDENT OF THE COUNCIL NO. 6 STATE ENVIRONMENTAL QUALITY REVIEW ACT INVOLVED AGENCY FINDINGS STATEMENT FINDINGS TO APPROVE Pursuant to Article 8 (State Environmental Quality Review Act - SEQRA) of the Environmental Conservation Law and 6 NYCRR Part 617, the City of Buffalo Common Council, as an Involved Agency, makes the following statements. Buffalo Niagara Medical Campus - North End Development Rezoning of Maple Street properties Petitioner: Kaleida Health SEQRA Status: Type 1, Positive Declaration Description of Action: Kaleida Health is proposing to construct an approximately 200,000 ± square foot Skilled Nursing Facility on the site which stretches from E. North St. to High St. and from Michigan Ave. to Maple St. Location: Michigan Ave., Buffalo, New York City of Buffalo Planning Board Agency Jurisdiction: Pursuant to §511-126 of the Charter and Code of the City of Buffalo ("Code"), the City of Buffalo Common Council ("Common Council") has jurisdiction to consider petitions to rezone parcels. Here, the Petitioner is seeking to rezone parcels located at 294-336 Maple St. ("Parcels") from R-2 to C-1. Date Final Generic Environmental Impact Statement ("FGEIS") Accepted: January 14, 2009 Date of Lead Agency's Findings Statement: January 27, 2009 William P. Grillo City of Buffalo Office of Strategic Planning 901 City Hall Buffalo, New York 14202 Phone: (716) 851-5086 Facts and Conclusions Relied on to Support the Decision: Kaleida Health, Ciminelli Development and the Buffalo Niagara Medical Campus submitted various applications to the City of Buffalo (City) associated with the BNMC-North End Projects. SEQRA requires state or local governments to assess the potential environmental impacts of their actions during the planning, review, and decision-making processes for those actions. The public (City, County and State) approvals and permits required for the individual BNMC - North End Projects constitute the "Action" subject to SEQRA. The intent of SEQRA is to ensure that governmental decision-making is a balance of social, economic, and environmental factors be considered and weighed in reaching decisions on proposed activities or actions. Therefore, Agencies must determine whether a proposed action may have a significant effect on the environment, and if so, prepare or request that an environmental impact statement be prepared. Pursuant to SEQRA, the City of Buffalo Planning Board determined that the Action was a Type I Action and sought and received concurrence from other Involved and Interested Agencies to be the Lead Agency. Then, on September 23, 2008, the Planning Board determined that cumulatively, the Projects may have a significant impact upon the environment and issued a Positive Declaration, requiring the Project Sponsors to prepare a Draft Generic Environmental Impact Statement ("DGEIS") in accordance with the Planning Board-approved Scope. The Project Sponsors prepared and submitted the DGEIS to the Planning Board for review. On October 7, 2008, the Planning Board found the DGEIS to be in compliance with 6 NYCRR Part 617.9(b), and made a determination that it was adequate to begin public and agency review. The DGEIS was provided to all Involved and Interested Agencies and to the public at various repositories and on the City of Buffalo's website. The subsequent public comment period began on October 7, 2008 and concluded on November 18, 2008. A public bearing on the DGEIS was held at the Buffalo & Erie County Public Library on November 6, 2008. Input from the public review process was received in the form of written comments to the Planning Board throughout the public comment period and as oral/written comments received during the public hearing. The Planning Board determined that all the comments should be addressed in the form of a FGEIS. After reviewing the comments, the Planning Board requested that the Project Sponsors prepare the FGEIS. Pursuant to 6 NYCRR Part 617.9(b)(8), the Planning Board reviewed the FGEIS prepared by the Petitioners and determined that the FGEIS was complete on January 13, 2009. On January 15, the FGEIS was provided to all Involved and Interested Agencies and to the public at various repositories and on the City of Buffalo's website. The FGEIS addresses specific substantive comments raised during the public comment period and discusses mitigation measures which should be used to minimize potential negative impacts from the Projects to the maximum extent practicable. The Common Council, as an Involved Agency in this process, received and reviewed all of the documentation and analysis cited above. On April 23, 2009, Kaleida Health ("Kaleida") submitted a Petition to rezone the Parcels to the City of Buffalo Common Council. The Application included a Letter of Intent ("LOI"), Full Environmental Assessment Form ("FEAF") and other relevant exhibits to the Common Council. Kaleida is seeking to rezone the Parcels to permit the proposed 200,000 ± square foot Skilled Nursing Facility ("SNF") on the Project Site. The current zoning (R-2) would not permit the Facility as of right. Pursuant to §511-126 of the Code, the Common Council has considered the Petition, the proposed Skilled Nursing Facility, and the potential impacts of the requested rezoning. The Common Council has determined that the requested rezoning is consistent with surrounding uses and overall City-wide planning goals. Pursuant to the State Environmental Quality Review Act, Article 8 of New York Environmental Conservation Law and 6 NYCRR Part 617 ("SEQRA"), a governmental agency is required, prior to taking action on an application, to undertake an environmental review of a project to assess whether the action has the potential to have significant adverse environmental impacts. The Project Sponsors have prepared a FGEIS for the entire North End Development on the Buffalo Niagara Medical Campus. Pursuant to the process set forth in the DGEIS and the Planning Board's Findings Statement, the Petitioner has prepared and submitted to the Common Council the aforementioned FEAF, specifically for the rezoning of the Parcels and the future construction of the planned Skilled Nursing Facility to assist the Common Council in reviewing potential impacts of the requested zoning change. The DEGIS and FGEIS also specifically analyzes the potential impacts of the construction of the Skilled Nursing Facility on the Project Site and found that the impacts were minimal with appropriate mitigating measures. As such, the rezoning and the associated construction of the Skilled Nursing Facility was fully analyzed as part of the Planning Board's SEQRA review and the Common Council has determined and concurred that the requested rezoning is consistent with the analysis and findings of the City of Buffalo Planning Board as evidenced by its Findings Statement dated January 27, 2009, which the Common Council received and filed, evidencing that it had no objection to said Findings Statement. Therefore, the Common Council joins in the determination of the Planning Board that the potential environmental impacts of the requested rezoning are minimal. Additionally, Kaleida will be required to comply with all mitigation measures identified in the Planning Board's Findings Statement. CONCLUSION After evaluating the cumulative environmental, economic, and social impacts of the proposed Skilled Nursing Facility, and more specifically the requested rezoning, the City of Buffalo Common Council is adopting a feasible, prudent, and practicable alternative which best balances environmental impacts with social, economic, and other essential considerations, and that allows for mitigation of all environmental impacts to the greatest extent reasonable and practicable. Certification To Approve: Having considered the DGEIS, FGEIS, FEAF and the Findings Statement of the City of Buffalo Planning Board, as Lead Agency, and having considered the proceedings, facts, and conclusions relied on to meet the requirements of 6 NYCRR Part 617 (State Environmental Quality Review Act [SEQRA]) the Statement of Findings certifies that: 1. The City of Buffalo Common Council has considered the relevant environmental impacts, facts, and conclusions disclosed in the DGEIS and the FGEIS and their supporting materials; 2. The City of Buffalo Common Council has weighed and balanced the relevant environmental impacts with social, economic, and other considerations; 3. The City of Buffalo Common Council, as an Involved Agency, has provided a rationale for its decision; 4. The requirements of Article 8 of the Environmental Conservation Law and the implementing regulations, 6 NYCRR Part 617 (State Environmental Quality Review Act [SEQRA]) have been met; 5. Consistent with social, economic, and other essential considerations from among the reasonable alternatives available, the actions to be carried out are those which avoid or minimize, to the maximum extent practicable, adverse environmental impacts disclosed in the DGEIS, FGEIS and FEAF; and 6. That adverse environmental impacts will be minimized or avoided to the maximum extent practicable by incorporating, as conditions to this decision, those mitigating measures which were identified as practicable in the Planning Board's Findings Statement dated January 27, 2009. Filing: The City of Buffalo Common Council's designees are hereby directed to file and distribute this Findings Statement as required by Article 8 of the Environmental Conservation Law and the implementing regulations, 6 NYCRR Part 617 (State Environmental Quality Review Act [SEQRA]). Certification: These findings were reaffirmed by majority vote of the City of Buffalo Common Council at a duly called meeting held on June 9, 2009. Mr. Fontana moved That the above communication from the Office of Strategic Planning, be received and filed; and That pursuant to Article 8 of the New York Environmental Conservation Law and the implementing regulations, 6 NYCRR Part 617 (State Environmental Quality Review Act (SEQRA), the Common Council hereby adopts the attached findings for the Buffalo Niagara Medical Campus - North-End Development Rezoning of 294-336 Maple Street from R-2 to C- 1. ADOPTED FROM THE COMMISSIONER OF ASSESSMENT AND TAXATION NO. 7 ACCEPTING MONTHLY REAL ESTATE TAX PAYMENTS (MAST) ITEM #46, C.C.P. 05/18/09 The above noted item was referred to the Department of Assessment and Taxation for comment. This department has always been acutely aware of the financial difficulties confronting our residents and property owners with regard to their property taxes. This awareness motivated the department to work diligently at informing property owners of exemption programs available to them and conducting community outreaches to accept and process these exemptions. A payment plan program for those with outstanding taxes has been implemented and with the cooperation of other offices and agencies a process for owners to legally remove their property from foreclosure as they make payments on their liens has been put in place. At the heart of all these activities by the Department of Assessment and Taxation is that our actions and procedures are governed by the New York Real Property Tax Law and the Charter and Code of the City of Buffalo. Currently the City's legally adopted method for payment of taxes allows for two (2) installments, one in July and one in December, with the Sewer Rent due in September. For this office to accept payments in any other manner would require a change in the laws currently in effect governing the collection of taxes. Until such time as the law is changed, regardless of how much empathy we may have for property owners, this office cannot legally accept payment in any other manner. There are many other issues that would need to be addressed if this proposal were implemented. However at this stage, with regard to the Department of Assessment and Taxation, until such time as new legislation is adopted this office is compelled to continue to accept and process payments in the existing two (2) installment schedule with the legally adopted late fees and interest penalties levied on unpaid amounts. REFERRED TO THE COMMITTEE ON LEGISLATION FROM THE COMMISSIONER OF MANAGEMENT INFORMATION SYSTEMS NO. 8 CERTIFICATE OF APPOINTMENT Appointment Effective: May 26, 2009 in the Department of MIS to the position of Special Assistant to the Chief Information Officer, Provisional-Pending Exempt appointment at the Flat Salary of $34,133.00 Khalil H. Cottman, 68 Brunswick, Buffalo, NY 14208 REFERRED TO THE COMMITTEE ON CIVIL SERVICE AND THE DIVISION OF COLLECTIONS FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS & STREETS WATER NO. 9 CHANGE IN CONTRACT JOHN W. DANFORTH COMPANY CONTRACT #92011112 ELLICOTT I hereby submit to Your Honorable Body the following change order for this contract. This change order is to furnish materials and labor to remove and replace the existing steam and condensate insulation to match the new Central passage in the Filter Gallery and to furnish materials and labor to install ball valves and associated piping and fittings at 18 locations in the upper and lower galleries. Original Contract Amount: $1,149,120.00 Previous Change Orders $ 0.00 This Change Order: $ 23,380.30 $1,172,500.30 Funds are available in a Division of Water account 53190676 445100. I respectfully certify that this change order is fair and equitable for the work involved, and respectfully request that Your Honorable Body approve the subject change order and authorize the Commissioner of Public Works, Parks & Streets to issue said change order to John W. Danforth Company. Permission is requested from Your Honorable Body to authorize the increase in contract as stated above. This project is being funded using Environmental Facilities Corporation (EFC) low interest money. Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated June 3, 2009, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue a change order to John W. Danforth Company, an increase in the amount of $23,380.30,-as more fully described in the above communication, for work relating to the Filter Gallery, C #92011112. Funds for this project are available in a Division of Water account 53190676 445100. PASSED AYES - 9 NOES - 0 NO. 10 CHANGE IN CONTRACT O'CONNELL ELECTRIC, INC. CONTRACT #92011128 ELLICOTT I hereby submit to Your Honorable Body the following change order for this contract. This change order is due to the following: 1. Furnish and install raw water temperature transmitter in headhouse basement. 2. Relocate and install raw water temperature transmitter in screen house. 3. Furnish and install additional hardware and software modification for the installation of warning lights and horns for each PLC. 4. Furnish and installation of software and phone line to existing PC for automated alarm modification. 5. Furnish and Install PAC tanks monitoring and control system, including installation of five ultrasonic level transmitters with SCADA system integration, programming and modification to the RFP PAC tanks to accept the 2-inch diameter level transmitters. 6. Furnish and install power meters for monitoring electrical demands on the high service distribution pumps. 7. Furnish and install report print server format printer. 8. Furnish and install additional lighting modifications. Original Contract Amount: $1,539,825.00 Previous Change Orders $ 0.00 This Change Order: $ 108,476.01 $1,648,301.01 Funds are available in a Division of Water account 53190676 445100. I respectfully certify that this change order is fair and equitable for the work involved, and respectfully request that Your Honorable Body approve the subject change order and authorize the Commissioner of Public Works, Parks & Streets to issue said change order to O'Connell Electric, Inc. Permission is requested from Your Honorable Body to authorize the increase in contract as stated above. This project is being funded using Environmental Facilities Corporation (EFC) low interest money. Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated June 3, 2009, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue a change order to O'Connell Electric, Inc., an increase in the amount of $108,476.01, as more fully described in the above communication, for work relating to C #92011128. Funds for this project are available in a Division of Water account 53190676 445100. PASSED AYES - 9 NOES - 0 NO. 11 RECREATIONAL EASEMENT WITH COUNTY OF ERIE FOR APPROX, 22 ACRES OF LAND SURROUNDING UNION SHIP CANAL The Department of Public Works, in conjunction with the Buffalo Urban Development Corporation, 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. However, the County cannot commit bond funding without an interest in the property. The recreational easement enables the County to commit its bond funding to the Ship Canal Park Project. For one dollar ($1.00) and other good and valuable consideration, the recreational easement grants residents of Erie County access to Ship Canal Park Project as a venue for recreational purposes on reasonable terms and conditions to be established by the City of Buffalo. The term of the easement is expected to be fifteen (15) years, but could be longer depending on the life of the bonds sold by the County and committed to the Ship Canal Park Project. The County is permitted to inspect improvements made to the City-owned property, but the recreational easement does not provide the County control over the development of the Ship Canal Park Project. 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 Department of Public Works, Parks & Streets dated June 4, 2009, be received and filed; and That the Commissioner of Public Works, Parks & Streets be, and he hereby is authorized to enter into an easement agreement between the City and Buffalo Urban Development Corporation, develop 22 acres of City-owned land surrounding the Union Ship Canal, commonly referred to as Parcel 3. That the Mayor be, and he hereby is authorized to execute the same. PASSED AYES - 9 NOES - 0 NO 12 PERMISSION TO ACCEPT/EXECUTE GRANT AGREEMENTS MARTIN LUTHER KING JR. PARK-EASTERN PARK RENOVATION Project # EPF-540138-N9, Contract # C540138 Masten District Please be advised that our department is in receipt of a $163,384 grant from New York Office of Park, Recreation and Historic Preservation for renovation of the MLK Park. Permission is being requested from your Honorable Body to accept this grant and allow the Commissioner of the Public Works, Parks & Streets to enter into and execute all related documents/agreements associated with the project. These funds will be utilized for site improvement at MLK Park. Mr. Fontana moved: That the above communication from the Department of Public Works, Parks & Streets dated June 3, 2009, be received and filed; and That the Commissioner of Public Works, Parks & Streets be and he hereby is authorized to accept a $163,384 grant from New York Office of Park, Recreation and Historic Preservation and to enter into and execute all related documents/agreements associated with the Martin Luther King Jr. Park - Eastern Park Renovation Project #EDF-540138-N9, Contract #C540138. PASSED AYES - 9 NOES - 0 NO 13 PERMISSION TO INCREASE CONTRACT BERGMANN ASSOCIATES Contract #92011215 I hereby submit to Your Honorable Body the following change for this contract. Bergmann Associates is the engineering consultant for the GIS Implementation Project for the City of Buffalo. The project included detailed design, modeling, application and data development and software integration. This increase is necessary for incorporation of work being done for the Buffalo Fire Department into the City's GIS system. I respectfully certify that this increase is fair and equitable for the work involved, and respectfully request that Your Honorable Body approve the subject change order and authorize the Commissioner of Public Works, Parks & Streets to issue said increase for $27,500.00. The funds are available in Capital Projects account 31655806 445100. Original Contract: $341,220.00 Change Orders to Date: $164,855.00 Change Order #4 $ 27,500.00 Revised Contract Amount $533,575.00 Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated June 3, 2009, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue Change order No. 4 to Bergmarm Associates, an increase in the amount of $27,500.00as more fully described in the above communication, for work relating to GIS , Implementation Project for the City of Buffalo, C #92011215. Funds for this project are available in Capital Projects account 31655806 445100. PASSED AYES - 9 NOES - 0 NO 14 PERMISSION TO INCREASE CONTRACT-MAIN STREET CONTRACT Erdman-Anthony Associates Main Street Contract #92010422 University, Delaware & Masten Districts I hereby submit to Your Honorable Body the following change for this contract. Erdman-Anthony Associates is the engineering consultant for the Main Street Reconstruction Project for the City of Buffalo. This project included study, preliminary and detailed design, and construction management/inspection. This increase is necessary for construction management/inspection. This is a federally funded project. The funding is 80% Federal, 15% State, and 5% City. I respectfully certify that this increase is fair and equitable for the work involved, and request that Your Honorable Body approve the subject change order and authorize the Commissioner of Public Works, Parks and Streets to issue said increase for $517,000. Of this amount, 5% or $25,850 is the City share of the change. The Federal and State portions (95%) have already received approval. The funds are available in Capital Projects account 33656606-445600. Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated June 2, 2009, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue a change order to Erdman-Anthony Associates, an increase in the amount of $517,000;00, of this amount 5% or $25,850 is the City's share of this change as more fully described in the above communication, for work relating to Main Street Reconstruction Project for the City of Buffalo, C #92010422. Funds for this project are available in Capital Projects account 33656606-445600. PASSED AYES - 9 NOES - 0 NO 15 REPORT OF BIDS POLICE HEADQUARTERS ASBESTOS ABATEMENT JOB #0910 ELLICOTT DISTRICT I advertised for on April 16, 2009, and received the following formal sealed bids for Police Headquarters, Asbestos Abatement, which were publicly opened and read on May 5, 2009. Base Bid +Alt. #1 +Alt #2 Jupiter Environmental Services $ 57,000.00 $22,000.00 $29,000.00 3 Lynn Court, Lincoln Park, NJ Geiter Done of WNY $ 76,40.00 $ 8,000.00 $ 0 300 Greene, Buffalo, NY Fibertech Environmental $ 84,200.00 $21,400.00 $18,700.00 140 North, Buffalo, NY Arric Corp. $172,000.00 $70,000.00 $37,000.00 5033 Transit, Depew, NY Add Alternate #1: Asbestos Abatement of the Pistol Range. Add Alternate #2: Asbestos Abatement of the Armory. I hereby certify that the foregoing is a true and correct statement of all bids received and that Jupiter Environmental Services, with a Base Bid of $57,000.00, add Alternate #1 for $22,000.00, add Alternate #2 for $29,000.00, for a total bid of One Hundred Eight Thousand and 00/100 Dollars ($108,000.00), is the lowest responsible bidder in accordance with the plans and specifications. I recommend that Your Honorable Body authorize the Commissioner of Public Parks, Parks & Streets to order the work on the basis of the low bid. Funding for this project is available in 306 445100 - Buildings. Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated June 3, 2009, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to award a contract for the Police Headquarters, Asbestos Abatement, to Jupiter Environmental Services, the lowest responsible bidder, in the amount of a Base Bid of $57,000.00, add Alternate #1 for $22,000.00 add Alternate #2 for $29,000.00, for a total bid of $108,000.00. Funds for the project are available in 36030306 445100 -Buildings. PASSED AYES - 9 NOES - 0 NO 16 TRADE IN OF VEHICLES THE DEPARTMENT OF PUBLIC WORKS, DIVISION OF WATER, IS REQUESTING PERMISSION TO TRADE IN THE LISTED BELOW VEHICLES.FOR THE PURCHASE OF A NEW CARGO VAN WITH FUNDS FROM AMERICAN WATER SERVICES THE NEW VEHICLE WILL NOT BE A TAKE HOME VEHICLE IT WILL BE UTILIZED IN THE METER SHOP. TRADE IN OF W-152 1994 CHEVY PU TRADE IN OF W-176 1997 CHEVY S10 TRADE IN OF W-174 1997 CHEVY S-1O TRADE IN OF W-173 1997 CHVY S-1O TRADE IN OF W-201 1998 JEEP CHERK. TRADE IN OF W-158 1997 CHEVY C2500 TRADE IN OF W159 1994 CHEVY C2500 Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated June 1, 2009, be received and filed; and That the Commissioner of Public Works, Parks and Streets, Division of Water be, and he hereby is authorized to trade in the listed above vehicles for the purchase of a new cargo van with funds from American Water Services. That there be no increase in the number designated as authorized for take-home use, there be no increase in the number designated as marked and unmarked in accordance with Chapter 53 of the City Code and the exceptions thereto granted by this Common Council, and that the replaced vehicles be removed from City service and disposed of in the best interests of the City. PASSED AYES - 9 NOES - 0 NO 17 APPT CAULKER SUPERVISOR I, (PROV)(INTER)(MCMANUS) Certificate of Appointment In compliance with provisions of Section 24-2 of the Charter and Chapter 35-1 of the Ordinances of the City of Buffalo, I transmit this certification of appointment(s) or promotion(s). I further certify that the person(s) named in Schedule "A" have been certified or approved by the Human Resources/Civil Service for the Appointment Effective: 6/3/2009 in the Department of Public Works Division of Water to the Position of Caulker Supervisor I Provisional, Appointment, Intermediate Starting Salary of $38,580 Patrick M. McManus, 223 Dearborn St, Buffalo 14207 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF POLICE NO 18 JUSTICE ASSISTANCE GRANT PROGRAM RENEWAL - YEAR 4 ENTER PRIOR COUNCIL REFERENCE: (IF ANY) [:Item #27, C.C.P. 06/24/08] We are back before your Honorable Body as the City has just recently been notified that the REGULAR JUSTICE ASSISTANCE GRANT (JAG) FUNDS FOR 2009 (NOT STIMULUS FUNDING, WHICH YOUR HONORABLE BODY JUST RECENTLY APPROVED WHICH WAS A SPECIAL POT OF MONEY INVOLVED WITH AMERICAN RECOVERY AND REINVESTMENT ACT) have been released. As you are aware, the US Department of Justice originally initiated funding under the Justice Assistance Grant (JAG) Program, which combined the Byrne Formula and Local Law Enforcement Block Grant Programs. JAG serves as the single funding mechanism for the administration of these grants and over the last four years, the City has been a partner with the County of Erie, Towns of Amherst, Cheektowaga, and West Seneca and has served as the grant applicant and fiscal agent so that the City could retain at least the majority share of funding. This year, for round five funding, the Bureau of Justice has certified that the City of Buffalo is in a funding disparity with the County of Erie, and therefore, we must submit a JOINT application for the aggregate of funds allocated to this area. Fortunately for all, the award this year, for JAG Year 5 HAS BEEN INCREASED OVER 300% as compared to last year, totaling $607,957. The City/County must agree on this effort or no one gets the funding. We have successfully negotiated this effort by retaining minimal funds for the juvenile prosecutor. This year's application is due by July 9, 2009. In order to file the grant application, which requires notification of the Applicant/Fiscal Agent's governing body, of which the City serves as, we are notifying you as a mandated requirement by the “feds" under this application process. At this time, we are notifying you that the City of Buffalo will be accepting the funds totaling $607,957 and distributing them (which will be outlined in Memorandums of Understanding) to each participating entity as follows: City of Buffalo: $510,479 County of Erie: $16,456 City of Lackawanna (new partner for regular JAG): $14,214 Town of Amherst: $16,186 Town of Cheektowaga: $30,759 Town of Tonawanda (new partner for regular JAG): $19,863 Unlike in previous years, under regular JAG, West Seneca received ZERO, but did receive Stimulus Funds. Any law enforcement or justice initiative previously eligible for funding under LLEBG or Byrne funding is encouraged to be continued and eligible for funding under JAG. The City's allocation will continue to fund initiatives previously funded under the Local Law Enforcement Block Grant such as: Office of Citizen Services: $164,950 (which funds Save our Streets Program, Clean Street Sweeps, Quality of Life programs, Citizen Participation Academy)' Department of Community Services will receive a total of $115,000 and will direct funds to continue with Drug Court ($35,000), Code of Conduct ($30,000) and Anti Crime ($30,000) both Intervention and Prevention Programs. As stated above, the Buffalo Police funding will include the $50,00 to continue partial funding for the Juvenile Prosecutor in the District Attorney's and $180,529 to be split between equipment and overtime (gang suppression, bike patrols, curfew, quality of life selected enforcement activities, other directed enforcement activities). The feds require a governmental review from the “fiscal" agent, which is the City of Buffalo, prior to the submission of this application. In addition, we were only notified about the availability of this renewal funding late last week. We had to negotiate and come to terms with other partners as part of this complex grant process before we could present this information to your Honorable Body. Again, we must have your approval as we prepare for the acceptance and spending of these funds; in addition, we must have your approval prior to notifying the Control Board. If you have any questions, please contact Captain Mark Makowski or Maureen Oakley of our Grants Section at 851-4475. Mr. Fontana moved: That the above communication from the Commissioner of Police dated June 3, 2009, be received and filed; and That the Commissioner of Police be, and he hereby is authorized on behalf of the City to accept the Justice Assistance Grant Program Renewal - Year 4 monies, totaling $607,957 and distributing them as outlined in Memorandums of Understanding to the above listed. PASSED AYES - 9 NOES - 0 NO 19 "L STEINHART-COB CELLBLOCK PAYMENTS TO ERIE COUNTY" (ITEM #66, C.C.P. 5/26/09) Attached please find a copy of a letter dated May 29, 2009 from David Rodriguez, Acting Corporation Counsel, City of Buffalo Law Department, to Mark C. Poloncarz, Comptroller, c/o Lorne Steinhart, Deputy Comptroller, County of Erie, advising payment is being processed. COPY AVAILABLE IN THE CITY CLERKS OFFICE FOR REVIEW RECEIVED AND FILED FROM THE COMMISSIONER OF FIRE NO 20 MANDATORY RADIO FREQUENCY RECONFIGURATION/FORMAL AUTHORIZATIONS REQUEST The City of Buffalo Fire Department's Radio Shop maintains the radio systems for every department of the City of Buffalo. The Federal Communications Commission ("FCC") is requiring a radio frequency reconfiguration that will impact certain radio bandwidths and radio equipment currently used by the City's Police Department and Water Department. The necessity of the frequency reconfiguration is attributable to communications upgrades being implemented across the United States by Sprint Nextel under authority of the FCC. Accordingly, the FCC is requiring that Sprint Nextel absorb the costs associated with the frequency reconfiguration being imposed upon municipalities and entities across the United States. Each municipality (and related departments/entities) which is (are) subjected to the FCC's mandatory frequency reconfiguration is impacted in different ways and therefore the FCC has set up a negotiation program and schedule that will accommodate the variables involved in each municipalities' cost-shifting negotiation with Sprint Nextel. An outline of the tasks imposed by FCC generally require that the City allow the FCC's "800 MHz Transition Administrator, LLC or ("TA")" a key role in facilitating the negotiations between the City and Sprint Nextel. Accordingly, the City will need to promptly take certain actions involving the frequency reconfiguration that will include but not be limited to negotiations with Sprint Nextel, coordination of the new frequencies with Canadian authorities, and the purchasing, installing and programming of the new and existing radio equipment necessary to facilitate the frequency reconfiguration in a manner which is efficient, cost effective and advantageous to the City of Buffalo. It is currently estimated that the costs to implement the frequency reconfiguration will be in excess of $200,000 but less than $250,000. The City will not be responsible for any front end or up front costs or any other costs associated with this reconfiguration. Accordingly, the Fire Department requests your Honorable Body to generally endorse the efforts and actions which are necessary to facilitate the frequency reconfiguration and to generally hereby authorize the Fire Department to take all such actions and execute all such documents as are necessary to facilitate the role of the FCC's Transition Administrator as well as the actual frequency reconfiguration. The Fire Department further requests your Honorable Body to grant it the specific authority to enter into contracts, agreements and or other or related appropriate arrangements with Sprint Nextel and or frequency consultants and or material or radio equipment suppliers/installation and operations experts as are necessary to facilitate the frequency reconfiguration. The Fire Department further requests your Honorable Body to authorize the Fire 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 frequency reconfiguration. The Fire Department further requests that your Honorable Body hereby direct the Corporation Counsel and other appropriate City personnel to finalize said contracts and other necessary documentation wherever necessary for execution and frequency reconfiguration implementation and cost-shifting to Sprint Nextel, such authorization to include but not be limited to the acceptance of funds by appropriate City personnel from Sprint Nextel or their agents (and the appropriate expenditure of such funds) for all costs associated with the frequency reconfiguration. Mr. Fontana moved: That the above communication from the Commissioner of Fire dated June 4, 2009, be received and filed; and That the Commissioner of Fire, be, and he hereby is authorized to enter into contracts, agreements and/or other or related appropriate arrangements with Sprint Nextel and or frequency consultants and/or material or radio equipment suppliers/installation and operations experts as are necessary to facilitate the frequency reconfiguration. That the Acting Corporation Counsel and/or other appropriate City personnel to finalize said contracts and other necessary documentation. PASSED AYES - 9 NOES - 0 FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT & INSPECTION SERVICES NO 21 FOOD STORE (NEW) 177 RILEY (ELLICOTT) 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 177 Riley (Buffalo Yeman Market Inc.) and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collection Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION NO 22 RESTAURANT DANCE LICENSE (RENEWAL) 2897 BAILEY AVENUE (EAST) (LOV) Pursuant to Chapter 150 of the City of Buffalo Ordinances, please be advised that I have caused an investigation into the premises located at 2897 Bailey Avenue for which said renewal application for a Restaurant Dance Class IV license is being sought by Hycinth Patterson 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 23 RESTAURANT DANCE LICENSE (RENEWAL) 681 MAIN STREET (WEST) (ELL) Pursuant to Chapter 150 of the City of Buffalo Ordinances, please be advised that I have caused an investigation into the premises located at 681 Main Street for which said renewal application for a Restaurant Dance Class III license is being sought by Arthur Kwitchoff 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 24 SLAUGHTERHOUSE 1285 WILLIAM (LOV) Pursuant to Chapter 391 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Slaughterhouse located at 1285 William St. and find that as to form is correct. I have caused an investigation into the premises for which said application for a Slaughterhouse License is being sought and according to the attached reports from the Zoning Office. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION. NO 25 USED CAR DEALER 954 NIAGARA (NIAGARA) Pursuant to Chapter 254 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Used Car Dealer License located at 954 Niagara St. and find that as to form is correct. I have caused an investigation into the premises for which said application for a used car dealer license is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspections, I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of James Rhodes. The attached thereto for James Rhodes dba/JTR Motor Car. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TG THE COMMITTEE ON LEGISLATION. FROM THE COMMISSIONER OF COMMUNITY SERVICES & RECREATIONAL PROGRAMMING NO. 26 REQUEST FOR PERMISSION TO ACCEPT A $33,704 GRANT FROM THE GOVERNOR'S TRAFFIC SAFETY COMMITTEE FOR THE BICYCLE SAFETY TRAINING AND HELMET DISTRIBUTION PROGRAM. The City of Buffalo in conjunction with the Buffalo Police Department and the Police Athletic League will conduct a series of bicycle safety seminars and helmet giveaways in schools, community centers, parks and playgrounds. The program intends to increase understanding of bicycle safety rules and the dangers of not wearing a helmet with the goal of reducing accidents and injuries. Mr. Fontana moved: That the above communication from the Commissioner of Community Services and Recreational Programming dated June 4, 2009, be received and filed; and That the Commissioner of Community Services and Recreational Programming be, and she hereby is authorized on behalf of the City in conjunction with the Buffalo Police Department and the Police Athletic League to accept the grant of $33,704 from the Governor's Traffic Safety Committee for the Bicycle Safety Training and Helmet Distribution Program. PASSED AYES - 9 NOES - 0 FROM THE CITY CLERK NO. 27 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 130 South Park Ave 21st Amendment Copp Carryl Cart 88 w. Chippewa St Croc Bar Vincent Lepera, James Alfieri 1670 Main St McKnight's metro Lounge Giodano McKnight RECEIVED AND FILED NO. 28 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. 29 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: May 26, 2009 in the Department of Common Council, Division of City Clerk to the Position of Intern VI, Unclassified, Open Competitive at the Hourly salary of $10.00 Teresa Sliwinski, 211 Orlando St, Buffalo, NY 14210 NO. 30 APPOINTMENTS-MAYOR'S YOUTH OPPORTUNITY & EMPLOYMENT I transmit herewith appointments made in the Mayor's Youth Opportunities and Employments Programs. RECEIVED AND FILED. CERTIFICATE OF APPOINTMENT Appointment Effective May 28, 2009 in the Department of Executive, Division of Mayor to the Position of Intern IX, Unclassified, Non Competitive at the salary of $11.57/hr Michael Powers, 485 Woodward Avenue, Buffalo, NY 14214 NO. 31 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 May 26, 2009 in the Department of Public Works, Division of Engineering to the position of Laborer II, Seasonal Appointment at the flat salary of $11.57/hr Chester Nicometi, 89 Hoyt St, Buffalo, NY 14213 NO. 32 APPOINTMENTS TEMPORARY-PROVISIONAL-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 May 26, 2009 in the Department of Mayor(Call & Resolution Center) Division of Citizen Services to the position of Spanish Speaking Complaint Clerk, Permanent, Open competitive at the minimum Salary of $28,755 Edwin Rosario, 266 Esser Avenue, Buffalo, NY 14207 NON-OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON-OFFICIAL COMMUNICATIONS NO. 33 BUFFALO WATER SYSTEM MONTHLY REPORT MAY 2009 Item Available for review in The City clerk’s Office RECEIVED AND FILED NO. 34 T. DEE-DRAFT COORD PLAN MEETING-BUFFALO HARBOR BRIDGE Draft Coordination Plan/Initial Project Meeting Buffalo Harbor Bridge (PIN 5758.17) City of Buffalo, Erie County, New York Dear Mr. Chwalinski: As a Cooperating Agency under the National Environmental Policy Act (NEPA) and Section 6002 of the Safe, Accountable, Flexible and Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) we are providing you with a Draft Coordination Plan for the above referenced project. The Plan has been prepared by the iead agencies for coordinating public and agency participation and comment on the environmental review process, and includes a project schedule in Section 6. At this time we invite you to an Initial Project Meeting to review the Draft Coordination Plan and project schedule, as well as to discuss the Draft Purpose and Needs Statement and Draft Ahematives. We have scheduled two meetings dates to, hopefully, accommodate your schedule: June 18, 2009 from 10am 11 am June 23, 2009 from 2pm 3 pm Please respond by June 10, 2009 to confirm that you will or will not attend the Initial Project Meeting. Please contact Steven P. Ranalli at (716) 846-8241 or via e-mail at sranalli(a;empire.slate.n,/.us "~h your confirmation or if you have any questions. RECEIVED AND FILED NO. 35 M. GOFF-HOMESTEADING 214-220-230-234 EAST UTICA Dear Mayor Brown: I am experiencing a problem with the Division of Real Estate that I hope you can assist me with. I own 226 East Utica. Since October of 2008, I have been attempting to homestead 214-220-230-234 East Utica. Unfortunately, however, I have received contradictory information about whether these lots were eligible for homesteading. Initially Mr. Jay Duderwick at the Division of Real Estate advised me that I could homestead lots adjoining my home--one lot at a time without restriction to the number of lots that I could acquire. Subsequently, Mr. John P. Hannon, Jr., Director of the Division of Real Estate, informed me that I could not homestead any lots adjoining my property because the city was holding them for possible future Phase Three housing development. It should be noted that my immediate neighborhood has many derelict houses and vacant lots. There appears to be no sign of any immediate or future development in the area. Further, the parcels are not included in Phase 2 housing development and are too narrow for development. I simply do not understand why I am unable to homestead 214-220-230-234 East Utica, particularly in light of the information I was initially provided by Mr. Duderwick and Mr. Lynch. I have enclosed copies of my exchange of e-mails with the Division of Real Estate for your information. Any assistance you may provide in helping homestead 214-220-230-234 East Utica will be greatly appreciated. Thank you. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT THE OFFICE OF STRATEGIC PLANNING THE DIVISION OF REAL ESTATE AND THE CORPORATION COUNSEL NO. 36 M. GORMAN-BUFFALO HOMECOMING 2009 CITYBRATION Dear Commissioner Stepniak: Buffalo Homecoming 2009 Citybration is the fourth annual celebration of Buffalo. This unique event is designed to showcase the City's many assets to help keep our best and brightest here, encourage those who have left to come back, and to attract professionals, entrepreneurs, and businesses to the region. More than 10,000 participants are expected to attend the more than one dozen events that will take place on Thursday through Sunday, June 25 - 28, 2009. Attached please find a summary of the events that make up this four-day celebration. To encourage city residents to participate in the event and to invite their friends and family to join them as we celebrate Buffalo, our small grassroots organizing committee would like to hang a banner across Elmwood Avenue at Bidwell Parkway as soon as possible. Leader Press has offered us a non-profit rate to produce an appropriate mesh banner, and we have raised the necessary funds for this, but the cost to install the banner is actually greater than the cost to produce it, and is far beyond our limited means. Would the City of Buffalo support this event that celebrates the City of Buffalo by installing the banner? This would represent a very critical in-kind support of this unique event. Thank you for your kind consideration of this request. We look forward to hearing from you. Banner production must be authorized as soon as possible. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 37 D&P GRZEBIELUCHA CONCERNS ABANDONMENT/SALE OF S. PIERCE(LOV) RE: ITEM #5, C.C.P. 4/28/09 (ABANDONMENT]SALE PORTION Dear Councilmembers: In the above referenced item Your Honorable Body approved the abandonment of a portion of South Pierce 18' x 245' to Mr. & Mrs. Daniel Derenda. In said item Your Honorable Body directed the Division of Real Estate to negotiate with Mr. & Mrs. Daniel Derenda for the purchase of 18 feet of the easterly portion of South Pierce and allow reasonable access to the neighbors to give them turn clearance to access their driveway. There appears to be a misunderstanding regarding the purpose of the access. The access is not needed to get into our driveway. We can access our driveway via Seward Street. The access is needed to allow vehicles ingress & egress into our backyard through a side gate (which is the only access for a vehicle to get into our backyard). The access is needed for landscaping and maintenance purposes and for future plans to expand our home. As the Derenda's have indicated they need 18' of the Paper Street in order to build their home leaving only 12' of the Paper Street. We, the owner's of 131 Seward, need 15' of the Paper Street in order to make the turn into our backyard via the Paper Street for future expansion of our home (3 season room), for landscaping and maintenance purposes. We are requesting that Your Honorable Body approve to amend Item No. 5, C.C.P. 4/8/09 to read that the abandonment and sale of 18 ft. of the Paper Street be on condition that the owner's of 41 South Pierce give the owner's of 131 Seward (a.k.a. 40 S. Pierce) access to the westerly 3 ft. of the proposed 18 ft. of South Pierce which is being proposed to be sold. The 3 ft. will allow the owner's of 131 Seward the turning radius needed to access their backyard. We have enclosed pictures of the area in question, so that you can have a better understanding of our situation. We have been advised by an Attorney without a clear understanding of the circumstances in writing it will not be enforceable. If Your Honorable Body does not approve to amend Item No. 5, C.C.P. 4/28/09, we could ultimately be denied access into our own backyard. Our concerns are not with the Derenda's but if Derenda's ever sell their property the new owner's may not be as understanding and deny us the only access for a vehicle to get into our backyard and without this clause in writing we would have no recourse. Your support would be greatly appreciated. Don & Pare Grzebielucha REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CORPORATION COUNSEL NO. 38 CDBG MONITORING REPORT CANDIES CULINARY AND HOSPITALITY GROUP, INC. D/B/A SUNSET BAR AND GRILLE MR. CHWALINSKI: Please file the referenced document for the Common Council meeting on June 9, 2009. Sincerely, Working for Today - Planning for Tomorrow CDBG Monitoring Report Candies Culinary and Hospitality Group, Inc. dlbla Sunset Bar andGrille Dear Mr. Reilly: As you are aware, the Buffalo Urban Renewal Agency conducted a monitoring review of the subject program during the period May 15 - May 28, 2009. The enclosed report conveys the results of this assessment and details observations that were •reached through a review of records, an on-site visit and discussions with appropriate representatives. We appreciate the courtesy and assistance extended by the management and staff and would like to thank those who have participated in this monitoring review for their cooperation. This office looks forward to working with your program representatives to address and resolve any finding and/or concerns in an effort to improve program performance~ Please review the information in the attached report and provide your written response and any requested information to me at Room 214 City Hail no later than June 17, 2009. If there are any questions about this report, please contact me or Ms. Lynn Urbanski at 851-5048 REFERRED TO THE COMMITTEE COMMUNITY DEVELOPMENT. NO. 39 M. LOCURTO, ETC-NEWS ARTICLE ONE SUNSET OPERATIONS CRITICIZED Divitta Alexander Counsel Buffalo Economic Renaissance Corporation 920 City Hall Buffalo, New York 14202 Ms. Alexander: According to the attached Buffalo News article, you have completed a report on your agencies involvement in the One Sunset matter. Please file a copy of you report on the agency and its involvement with One Sunset with the City Clerk as soon as possible with a courtesy copy provided to our offices. Thank you in advance for your anticipated cooperation in these matters. If you have any questions regarding this request, please contact me at 851-5155. Sincerely REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 40 M. LOCURTO-REQ EMPLOYEE INFO FOR BURA AND BERC Dear Deputy Commissioner Kosmerl: As part of its review of the 2009-2010 Annual Action Plan, the Common Council requested information, indicated in the attached correspondence, pertaining to the Buffalo Urban Renewal Agency (BURA), the Buffalo Economic Revitalization Corporation (BERC), and the Buffalo Neighborhood Revitalization Corporation (BNRC). As part of that correspondence, a by-name listing of all employees, their job titles and salaries for officers, directors and employees for the last three years was requested. While a list of BERC employees was provided, no such list was submitted for BURA employees or BNRC employees. Please provide a by-name listing of all employees, their job titles and salaries for officers, directors and employees for the last three years for BURA and BNRC and file same with the City Clerk no later than 2:00 PM on Thursday, June 4, 2009, with a courtesy copy provided to my office. Thank you in advance for your anticipated cooperation in these matters. If you have any questions regarding this request, please contact me at 851-5155. RECEIVED AND FILED NO. 41 OLMSTED PARKS-GRANT FOR FIELD UPGRADE RIVERSIDE PARK Item available for review in The City Clerk’s Office RECEIVED AND FILED NO. 42 S. RADOMINSKI, SR-CONCERNS WATER BILL 133 WEIMER To whom it may concern; My name is Stephen C. Radominski Sr. I am 71 years of age. I reside at 133 Weimar St., Buffalo NY 14206, with my wife Virginia who is 68 years of age. We have resided at this address for 43 years. Both I and my wife have health problems. This letter is to put the City of Buffalo on notice that we REFUSE to pay the water bill dated May 1, 2009 in the amount of 144.32. This bill is supposedly billed at the Senior Citizen Rate. We further wish to notify the City that if our water is turned off, we will retain counsel to take action against the City due to our health condition. For the past three (3) years Councilman Fontana was aware that we did not have a water meter installed at our property. The reasons given for non-installation are that the meter could not be installed because our house has a crawl space rather than a cellar. Mr Gregory Heeb from Councilman Fontana's office had called on our behalf and suggested that I might install the meter myself. I agreed and hired a plumber to do the work. When he went to pick up the meter, he was told that the water authority had to connect the meter and it could not be done privately. In the neighborhood in which I live there are a large number of Senior citizens who are in the same situation. In speaking with other residents in this area who have meters installed, I learned that their bills in some cases are less than half what my bill is. I feel that I am being segregated against and request that the Council take action to correct this inequity. If something is not done to correct this matter, I will have no choice but to retain counsel to possibly begin a class action lawsuit against the city. REFERRED TO THE COMMITTEE ON FINANCE AND THE COMMISSIONER OF PUBLIC WORKS NO. 43 D. WANGELIN-GRASSROOT GARDENS REQ CLEAR UNDERSTANDING OF COB LEASE PROCESS RE VACANT LOTS € Allow me to first express my gratitude for your office's recent approval osome of our outstanding lease requests. Your cooperation ensures our continued ability to provide our city's enthusiastic community gardeners the opportunity to build a better quality of life through the reuse and beautification of vacant land. Unfortunately, the recent process for getting these leases approved was anything but timely. In fact, beginning in April 2008 we were only able to obtain the necessary approval after more than a year of letters, phone calls, personal conversations and other correspondence with Jay Lynch, Brian Reilly, Karla Kosmerl, John Hannon, Demone Smith and Peter Savage. As you can imagine, this consumed an unordinary amount of time and effort better spent serving our community members. Obviously, the necessary steps to add new lots to our lease has changed in the nearly 20 years since the first community garden was started. In the interest of our organization and the time and resources of all parties involved, I am requesting a meeting to establish a new process for us to quickly and efficiently submit and obtain new lease approvals. There are 14,000 vacant properties in Buffalo, and we plan on being the leader in vacant lot reclamation efforts. Currently we are the city's preferred lease holder for vacant properties, so to ensure we are able to make the most of the tens of thousands of dollars we procure from donations ! urge you to help us develop a clear understanding of the lease process, which will mutually benefit our organization, your office and the community we all serve. Our organization and its funders look forward to receiving a response from the Mayor's team and/or other city officials regarding this request. If you have any questions, please feel free to call our staff member, Zoe Lavatelli, at 851-4647. On behalf of the Board of Directors, thank you for your consideration to this matter. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 44 J. WARD-METRO HOUSING AUTH-INTEREST IN PROVIDING POLICE SERVICES TO BMHA To the members of the Common Council: The newly formed Metro Housing Protection Agency is pleased to submit herewith, our letter of interest to participate in providing police services for the Buffalo Municipal Housing Authority. Our Agency members have collaborated to produce a preliminary plan that we believe will energize the members of the council, strengthen the community, and produce long-term benefits for the entire City of Buffalo. Our Agency has assembled a team of law enforcement and business professionals with a proven track record in this region that has the ability to transform our plan into reality. Our team is comprised of members who have worked together on numerous successful projects. They have been assembled for this project because of the enormous trust and confidence they have in one another. You can be assured that the lead partners in our group will manage the project closely and carefully, and accountability for results will never be delegated. At this time, we would like to request a meeting with the members of the Common Council as soon as possible to present our proposal outlining our plan for providing police services. At this meeting, we will have approximately 15 of our officers in attendance. Thank you for your time and consideration. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT PETITIONS NO 45 L. DAVIS, OWNER, USE 637 FOURTH ST. TO CONVERT ONE STORY MASONRY TO BICYCLE SHOP, OUTDOOR TOY SALES & HOT DOG CART ON ROW (EII)(HRG 6/16) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD AND THE ZONING BOARD OF APPEALS NO 46 B. BERNATOVICZ, AGENT, USE 470 SMITH PLACE A GROUND SIGN (FILL)(NO PUB HRG) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO 47 S. SHAFIE, AGENT, USE 402 CLINTON FOR A GROUND SIGN (ELL)(NO PUB HRG) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD AND THE ZONING BOARD OF APPEALS REGULAR COMMITTEES CIVIL SERVICE (BONNIE E. RUSSELL, CHAIRPERSON) NO 48 APPT ASSISTANT AUDITOR (PERM)(O'DONNELL)(COMPT) (CCP# 25,5/26) That Communication 25 of May 26, 2009 be received and Filed and that the Permanent Appointment of Annmarie O'Donnel of 18 Meadowview Place, Buffalo, NY 14214 at the Maximum Salary of $41,828 is hereby approved. PASSED AYES - 9 NOES - 0 NO 49 APPT SENIOR TAX CLERK (PERM)(SECOND STEP)(ASSESS) (CCP# 26,5/26) That Communication 26 of May 26, 2009 be received and Filed and that the Permanent Appointment of Mary C. Quinn of 311 Eden Street, Buffalo, NY 14220 at the Second Step of $32,886 is hereby approved. PASSED AYES - 9 NOES - 0 NO 50 NOTICES OF APPOINTMENTS-TEMP/PROV/PERM (CTY CLK) CCP# 56, 5/26 Mrs. Russell moved That the above item be the same and hereby is Received and Filed ADOPTED FINANCE (MICHAEL P. KEARNS, CHAIRMAN) NO 51 M. KEARNS-D. FRANCZYK, R. FONTANA, D. RIVERA-REQ ADDITIONS TO THE UPCOMING BOND SALE CCP# 34, 4/28 Mr. Kearns moved That the above item be the same and hereby is Received and Filed ADOPTED COMMUNITY DEVELOPMENT (MICHAEL J. LOCURTO, CHAIRMAN) NO 52 RESULTS OF NEGOTIATIONS - 237 ASHLEY (ITEM NO. 9, C.C.P., 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 offer from Mr. Leslie J. Van Brunt and Mrs. Marcy Van Brunt, residing at 235 Ashley Street, in the sum of one thousand and three hundred dollars ($1,300.00) for the purchase of 237 Ashley, 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 53 RESULTS OF NEGOTIATIONS - 217, 221 AND 225 BRISTOL AVENUE (ITEM NO. 10, C.C.P., 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 offer from Mr. Robert Samuel, residing at 220 Bristol Avenue, in the sum of four thousand and three hundred dollars ($4,300.00) for the purchases of 217, 221 and 225 Bristol Avenue, be and they hereby are 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 titles and that the Mayor be authorized to execute the same. PASSED AYES - 9 NOES - 0 NO 54 RESULTS OF NEGOTIATIONS - 330 MASSACHUSETTS (ITEM NO. 13, C.C.P., 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 offer from Mr. Julian Perez, residing at 41 Delsan Court, in the sum of three thousand and five hundred dollars ($3,500.00) for the purchase of 330 Massachusetts, be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the 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 55 RESULTS OF NEGOTIATIONS - 134 ROTHER (ITEM NO. 17, C.C.P., 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 offer from Mr. Mohammad Jawed, residing at 139 Sobieski Street, in the sum of one thousand and five hundred dollars ($1,500.00) for the purchase of 134 Rother 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 56 RESULTS OF NEGOTIATIONS - 79 WALDEN (ITEM NO. 18, C.C.P., 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 57 RESULTS OF NEGOTIATIONS - 22 WILSON (ITEM NO. 20, C.C.P., 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 offer from Mr. Emilian Yemehuk and Mrs. Tatyana Yemchuk, residing at 10 Wilson Street, in the sum of two thousand and seven hundred dollars ($2,700.00) for the purchase of 22 Wilson, 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 58 DENIAL OF 762 COLUMBUS PKY-DEFICIENT LOT & AREA REQ (ZONING) (#50, 5/26) That the above item be the same and hereby is Received and Filed. ADOPTED NO 59 B. DAVIS-R RIENAS-ARTICLE DEMOLITION DERBY (#58, 5/26) That the above item be the same and hereby is Received and Filed. ADOPTED NO 60 D. RIVERA-DEMO OF PROPERTIES ON BUSTI (#64, 5/26) That the above item be the same and hereby is Received and Filed. ADOPTED NO 61 CITY NEIGHBORHOOD AGENDA MEETING LOVEJOY DISTRICT (#31, 5/12) That the above item be the same and hereby is Received and Filed. ADOPTED NO 62 R. FONTANA - INFO ENERGY SAVINGS FROM NEW BUFFALO IMPACT (ITEM NO. 34, C.C.P., MAY 12, 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 63 D. MULLEN-ENV IMPACT STATEMENT-BUFFALO HARBOR BRIDGE (#38, 5/12) That the above item be the same and hereby is Referred to the Special Committee on Waterfront Development. ADOPTED LEGISLATION (JOSEPH GOLOMBEK JR., CHAIRMAN) NO 64 J. CREWSON, PETITION TO USE 191 GANSON STREET TO INCLUDE A CONCRETE CRUSHING PLANT (ITEM NO. 67, C.C.P., MAY 26, 2009) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Golombek moved that the above item be recommitted to the Committee on Legislation ADOPTED NO 65 M. HATLEN, PETITION TO USE 387 FOREST AVENUE FOR A SIDEWALK CARE (ITEM NO. 71, C.C.P., MAY 26, 2009) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Golombek moved: That after the petition of M. Hatlen, agent, for permission to use 387 Forest Avenue for an Outdoor patio to the front of a sit-in restaurant on the City right-of-way be, and hereby is approved as long as the following conditions are met: (1) It only be used as a restaurant and (2) Consumption of beverages be limited to that of beer and wine PASSED AYES - 9 NOES - 0 NO 66 J. JARNOT, PETITION TO USE 652 OGDEN SOUTH FOR A POLE SIGN (ITEM NO. 72, C.C.P., MAY 26, 2009) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Golombek moved: That after the petition of J. Jarnot, agent, for permission to use 652 Ogden South for a pole sign, 20' high x 16' x 10 lower section, 4 x 12 upper section, illuminated be, and hereby is approved. PASSED AYES - 9 NOES - 0 NO 67 APPOINTMENT - BUFFALO PRESERVATION BOARD (ITEM NO. I, C.C.P., MAY 26, 2009) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Golombek moved: That the appointment of Sam Gurney, residing at 125 New Amsterdam Avenue as a member of the Buffalo Preservation Board for a 3- year term, commencing immediately and expiring April 30, 2012, be and it hereby is approved on the condition that he does not owe any outstanding liens to the City of Buffalo. PASSED AYES - 9 NOES - 0 NO 68 FOOD STORE LICENSE - 749 JEFFERSON (ITEM NO. 42, C.C.P., MAY 26, 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 Permit and Inspections Services be, and he hereby is authorized to grant a Food Store License to Hamoud Zaid located at 749 Jefferson Avenue d/b/a AM Prime Shop Express upon the following conditions: (1) Cameras be installed on the exterior. (2) Parking lot must be maintained and free from potholes. (3) Exterior must be clean and free of paper and debris. PASSED AYES - 9 NOES - 0 NO 69 FOOD STORE LICENSE- 143 WALDEN (ITEM NO. 43, C.C.P., MAY 26, 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 Permit and Inspections Services be, and he hereby is authorized to grant a Food Store License to Fadhl Amran located at 143 Walden Avenue d/b/a Super Market Express Mart. PASSED AYES - 9 NOES - 0 NO 70 SECOND HAND DEALER - 2202 SENECA STREET (ITEM NO. 45, C.C.P., MAY 26, 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 254 of the City Code, the Commissioner of Permit & Inspections Services be, and he hereby is authorized to grant a Secondhand Dealer license to Michael Rovnak d/b/a Colortyme located at 2202 Seneca Street. PASSED AYES - 9 NOES - 0 NO 71 D. FRANCZYK-A FORMAN-REQ WAIVE FEES FOR PARADE (#61, 5/26) That the above item be the same and hereby is Received and Filed. ADOPTED NO 72 CREATE A CITY OF BUFFALO EMPLOYMENT PROTECTION ACT (ITEM NO. 129, C.C.P., SEPT 16, 2008) (ITEM NO. 100, C.C.P., MAY 26, 2009) That the above item be, and the same hereby is returned to the Common Council without Recommendation. Mr. Golombek motioned to Receive and File the above item Seconded by Mr. Smith AYES-Davis, Golombek, Russell, Smith-4, NOES-Fontana, Franczyk, Kearns, LoCurto, Rivera-5 LOST Mr. LoCurto made a motion to Recommitt Seconded by Mr. Fontana AYES-Fontana, Franczyk, Kearns, LoCurto, Rivera-5, NOES-Davis, Golombek, Russell, Smith-4 ADOPTED NO 73 T. SHAFIE - 2104 SOUTH PARK AVENUE - USED CAR LOT (ITEM NO. 45, C.C.P., MAY 12, 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 T. Shafie, owner, for permission to use 2104 South Park Avenue for a Used Car Lot be, and hereby is approved with the following conditions: 1. That no more than 5 cars be stored on the lot at one time, as the lot has no drainage. 2. Grounds are to be landscaped and maintained. PASSED AYES - 9 NOES - 0 NO 74 FOOD STORE LICENSE - 332 ELMWOOD SOUTH (ITEM NO. 21, C.C.P., MAR. 3, 2009) (ITEM NO. 69, C.C.P., MAR. 17, 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 Sahah Aljabri, located at 332 Elmwood South, d/b/a S Elmwood Quick Shop Inc. Store License Conditions 332 South Elmwood 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 and outside of the building and kept for 14 day intervals for public review. PASSED AYES –Davis, Fontana, Kearns, LoCurto, Rivera, Russell, Smith 7, NOES – Franczyk, Golombek 2 NO 75 M. OSTERREICHER-DAY CARE TAX PENALTY (MAS) (#49, 3/31) That the above item be the same and hereby is Received and Filed. ADOPTED NO 76 D. SMITH-DAY CARE TAX PENALTY (#45, 3/17) That the above item be the same and hereby is Received and Filed. ADOPTED NO 77 D. SMITH-INFO-DAYCARE TAX PENALTY (#46, 3/17) That the above item be the same and hereby is Received and Filed. ADOPTED NO 78 DAYCARE TAX PENALTY (#70, 2/17) That the above item be the same and hereby is Received and Filed. ADOPTED RESOLUTIONS NO 79 BY: BRIAN C. DAVIS TH 10ANNUAL ALLEN WEST FESTIVAL th WHEREAS, The Allentown Association, Inc., has requested permission to conduct the 10Annual Allen West Festival on the weekend th th of June 13and 142009; and WHEREAS, The purpose of the festival is to promote Free arts and crafts and support those talented individuals who create such work; and WHEREAS, The Allentown Association seeks to heighten public awareness of the fine arts and crafts and to heighten public awareness of all that the Allentown District of the City of Buffalo has to offer; and WHEREAS, Each year the Allen West Festival attracts thousands of people to the City of Buffalo, including over one hundred talented artists and craftspeople; and WHEREAS, The Special Events Advisory Committee, a committee established pursuant to Chapter 414 of the Charter & Code of the th City of Buffalo: will meet to consider the application of the Allentown Association to hold the 10Annual Allen West Art Festival; NOW, THEREFORE, BE IT RESOLVED, This Common Council hereby grants to the Allentown Association, Inc. permission to conduct th the 10Annual Allen West Art Festival subject to the terms and conditions contained herein as well as any additional terms and conditions established by the Special Events Advisory Committee. th BE IT FURTHER RESOLVED, Date and Time of Event. The event shall take place the weekend of June 13th and 142009, between the hours of 11:00 AM and 6:00 PM each day and the streets will be dosed to general traffic from 6:00 AM Until 8:00 PM. BE IT FURTHER RESOLVED, Event Area. The event area shall be defined as follows: The area bounded by North Street and Symphony Circle on the north, Elmwood Avenue (west side) on the east, Virginia Street on the south, and Orton and Cottage Streets on the west. BE IT FURTHER RESOLVED, Event Participants. The following terms and conditions shall apply to the event area: 1. Art and Craft Exhibitors. Art and/or craft exhibitors shall be permitted at the following locations only: Allen Street between Elmwood Avenue and Wadsworth (north and south sides); and Wadsworth between Allen Street and Symphony Circle (east and west sides). 2. Approval Process. Only art and craft exhibitors approved in accordance with the Allentown Association's application and selection process will be permitted to participate in the event area defined above, No more than 200 art and craft exhibitors will be permitted. Exhibitors engaged in the exhibition or sale of so-called "pseudo" art and commercial exhibitors not engaged in the exhibition or sale of arts and/or crafts shall not be included in that total. 3. Food Concessionaires and Vendors. Only food concessionaires and vendors approved in accordance with the Allentown Association's application and selection process will be permitted to participate in the event within the area defined above. Such approved food concessionaires and vendors shall be located in an area determined by the Allentown Association in accordance with the recommendation of the Commissioner of Police or his designee and the Commissioner of Fire or his designee. Food concessionaires and vendors will not be permitted to operate outside of the event area. 4. Promotional Items. The Allentown Association, at it's sole discretion, may select and designate a single vendor employing a reasonable number of persons to vend balloons in the event area. The Allentown Association may also select and designate a single vendor to produce and sell Art Festival T-shirts, sweatshirts or similar merchandise. The Allentown Association in accordance with the recommendation of the Commissioner of Police or his designee and the Commissioner of Fire or his designee shall locate such vendors. 5. Compliance with Existing Laws. Not Withstanding the above. Participants, concessionaires, and vendors are required to comply with all applicable city, county, and state licensing and health code requirements. Nothing herein is intended to limit the lawful operation of sidewalk cafe's operating in accordance with Section 413-59 of the Charter & Code of the City of Buffalo. BE IT FINALLY RESOLVED, 1. Remote Broadcasts. Radio and television broadcasts from remote broadcast units located outside of a building regularly occupied by a radio or television station may be permitted within the event area at the discretion of the Allentown Association. No such remote broadcast or telecasts will be permitted on the public streets or out-of-doors on adjacent private property without the permission of the Allentown Association. Promotional activities other than those permitted by the Allentown Association are strictly prohibited. 2. Vendor and Exhibitor Identification. The Allentown Association shall provide all participants with suitable identification expressly indicating that each is an authorized participant in the event. Except as herein provided, there shall be no other participants within the event area during the event whether on public streets or out-of-doors on adjacent private property, including, but not limited to, exhibitors, concessionaires, vendors, and performers, individuals engaged in promotional activities, fundraising activities, displays of goods or otherwise. Performances are prohibited within the festival area. Inflatable Devices. All temporary inflatable devices used to advertise or direct attention to a business, service, product and/or activity shall also be excluded from the event area. ADOPTED NO 80 SPONSOR: MR. DAVIS "ND 52ANNUAL ALLENTOWN ART FESTIVAL nd WHEREAS, The Allentown Village Society, Inc. has requested permission to conduct the 52 Annual Allentown Art Festival on the m th weekend of June 13and 142009; and WHEREAS, The purpose of the festival is to promote fine arts and crafts and support those talented individuals who create such work; and WHEREAS, The Allentown Village Society seeks to heighten public awareness of the fine arts and crafts and to heighten public awareness of all that the Allentown District of the City of Buffalo has to offer; and WHEREAS, Each year, the Allentown Art Festival attracts hundreds of thousands of people to the City of Buffalo, including hundreds of talented artists and craftspeople; and WHEREAS, The Special Events Advisory Committee, a committee established pursuant to Chapter 414 of the Charter and Code of the no City of Buffalo will meet to consider the application of the Allentown Village Society to hold the 52Annual Allentown Art Festival. NOW THERFORE BE IT RESOLVED, no That the City of Buffalo Common Council does hereby grant to the Allentown Village Society, Inc. permission to conduct the 52Annual Allentown Art Festival subject to the terms and conditions contained herein as well as any additional terms and conditions established by the Special Events Advisory Committee; and BE IT FURTHER RESOLVED, th a~, Date and Time of Event. The event shall take place the weekend of June 13and 142009, between the hours of 11:00 a.m. and 6:00 p.m. each day and the streets will be closed to general traffic from 8:00 a.m. until 8:00 p.m.; and BE IT FURTHER RESOLVED, Event Area. The event area shall be defined as follows: The area bounded by Summer Street on the north, Elmwood Avenue and South Elmwood Avenue (east side) on the west, Tracy Street (extended easterly) on the south, and Main Street (west side) on the east; and BE IT FURTHER RESOLVED, Event Participants. The following terms and conditions shall apply to the event area: 1. Art and Craft Exhibitors. Art and/or craft exhibitors shall be permitted at the following locations only: Delaware Avenue between North Street and Tupper Street (east and west sides); Franklin Street between Allen Street and Virginia Street (one side only); Allen Street from Elmwood Avenue to Franklin Street (one side only); Virginia Street between Delaware Avenue and Franklin Street (one side only); and Edward Street between Elmwood Avenue and Delaware Avenue (south side only). 2. Approval Process. Only art and craft exhibitors approved in accordance with the Allentown Village Society, Inc.'s application and selection process will be permitted to participate in the event within the event area defined above. No more than 465 art and craft exhibitors will be permitted. Exhibitors engaged in the exhibition or sale of so-called "pseudo" art and commercial exhibitors not engaged in the exhibition of sale of arts and/or crafts shall not be included in that total. 3. Food Concessionaires and Vendors. Only food concessionaires and vendors approved in accordance with the Allentown Village Society, Inc.'s application and selection process will be permitted to participate in the event within the event area defined above. Such approved food concessionaires and vendors shall be located in an area determined by the Allentown Village Society, Inc. in accordance to the recommendation of the Commissioner of Police or his designee and the Commissioner of Fire or his designee. Food concessionaires and vendors will not be permitted to operate outside of the event area. 4. Promotional Items. The Allentown Village Society, Inc., at its sole discretion, may select and designate a single vendor employing a reasonable number of persons to vend balloons in the event area. The Allentown Village Society, Inc. may also select and designate a single vendor to produce and sell Art Festival T-shirts, sweatshirts or similar merchandise. The Allentown Village Society, Inc., in accordance to the recommendation of the Commissioner of Police or his designee and the Commissioner of Fire or his designee, shall locate such vendors. 5. Compliance with Existing Laws. Notwithstanding the above, participant concessionaires and vendors are required to comply with all applicable city, county and state licensing and health code requirements. Nothing herein is intended to limit the lawful operation of sidewalk cafes operating in accordance with Section 413-59 of the Charter and Code of the City of Buffalo. BE IT FINALLY RESOLVED, 1. Remote Broadcasts. Radio and television broadcasts from remote broadcast units located outside of a building regularly occupied by a radio or television station may be permitted within the event area at the discretion of the Allentown Village Society, Inc. No such remote broadcasts or telecasts shall be permitted on the public streets or out-of-doors on adjacent private property without the permission of the Allentown Village Society, Inc. Promotional activities other than those permitted by the Allentown Village Society, Inc. are strictly prohibited. 2. Vendor and Exhibitor Identification. The Allentown Village Society, Inc. shall provide all participants with suitable identification expressly indicating that each is an authorized participant in the event. Except as herein provided, there shall be no other participants within the event area during the event, whether on public streets or out-of-doors on adjacent private property, including, but not limited to, exhibitors, concessionaires, vendors, and performers, individuals engaged in promotional activities, fundraising activities, displays of good or otherwise. Performances are prohibited within the event area. 3. Inflatable Devices. All temporary inflatable devices used to advertise or direct attention to a business, service, product and/or activity shall also be excluded from the event area. 4. Banners. In celebration of the 52nd Anniversary of the Allentown Art Festival, Permission is hereby granted for the Allentown Village Society, Inc. to erect vertical banners on city light poles on Delaware Avenue between North Street and Tupper Street. The banners must comply with conditions set by the Department of Public Works, Parks and Streets. ADOPTED NO 81 BY: BRIAN C. DAVIS & DAVID A. RIVERA PERMISSION TO HANG BANNERS ON DELAWARE AVENUE & NORTH STREET Whereas: The Theodore Roosevelt Inaugural National Historic Site would like to advertise the opening of the TR Inaugural Site and the original Wilcox carriage house; and Whereas: In order to promote the opening, The Theodore Roosevelt Inaugural National Historic Site is requesting permission to hang a banner on Delaware Avenue & North Street; and Now Therefore Be it Resolved: That the Common Council of the City of Buffalo grant permission to The Theodore Roosevelt Inaugural National Historic Site to hang a banner to advertise the opening of the TR Inaugural Site and the original Wilcox carriage house; and Be It Further Resolved: That said banner would hang from June 19, 2009 through September 19, 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. ADOPTED NO 82 BY: MR. FRANCZYK TO AUTHORIZE THE ACQUISITION OF PERMANENT EASEMENT RIGHTS FOR CONSTRUCTION OF HAMBURG DRAIN FACILITY WHEREAS, the Buffalo Sewer Authority, as part of the Inner Harbor Development Project, has entered into a Memorandum of Understanding with the Empire State Development Corporation, the lead agency pursuant to the State Environmental Quality Review Act (SEQRA) as part of the Buffalo Inner Harbor Development Project Master Plan; and WHEREAS, the Buffalo Sewer Authority has committed to the construction of the Hamburg Drain Screening Facility (the "Project") in order to remove floatable material from the Hamburg Drain; and WHEREAS, the location for construction of this facility is land in an area bounded by Michigan Avenue, Scott, Washington and Exchange Streets as shown on the attached map (the "Property"); and WHEREAS, based on examination of public records for this area, ownership of the Property is held by the People of the State of New York, under the present administrative jurisdiction of the New York State Thruway Authority; and WHEREAS, in order to implement the Project, it is necessary for the Buffalo Sewer Authority to acquire easement fights for the Property from said owner; and WHEREAS, the New York State Public Authorities Law Sections 1178(7) and 1182 authorizes the Buffalo Sewer Authority to acquire lands, or any right, rifle, interest, or easement therein in the name of the City of Buffalo, and upon such acquisition, any such fee, right, title, interest, or easement shall become dedicated to the uses and purposes of the Buffalo Sewer Authority; and WHEREAS, the Buffalo Sewer Authority has submitted respective applications to the New York State Thruway Authority for issuance of an occupancy permit and conveyance of a permanent easement to implement the Project; and WHEREAS, pursuant to New York State Public Authorities Law Section 1182, the City of Buffalo will be a party to said easement and any agreement to convey said easement with the New York State Thruway Authority and the People of the State of New York. NOW, THEREFORE, BE IT RESOLVED: 1. That the Common Council of the City of Buffalo hereby rarities and confirms any prior applications submitted by the Buffalo Sewer Authority to the New York State Thruway Authority, and further authorizes the Mayor and any other representative or agent of the City of Buffalo including, but not limited to, the Corporation Counsel of the City of Buffalo, designated by the Mayor, to submit any future applications and undertake any and all actions that are necessary and appropriate to enable the Buffalo Sewer Authority to acquire a permanent easement in and to the Property in the name of the City of Buffalo for the benefit of the Buffalo Sewer Authority, and to accept any permits issued to the Buffalo Sewer Authority for use of the Property, including but not limited to the execution, delivery, and/or acceptance of any easements, agreements, memoranda of understanding, documentation or instruments, negotiation of a purchase price and payment of consideration for the easement, upon such terms and conditions reasonably acceptable to the Mayor or his designee and the General Manager of the Buffalo Sewer Authority for the purposes of the Project; and 2. That the Common Council of the City of Buffalo hereby adopts the attached map as a current plan of the land area to be dedicated to the Project, and the Mayor is hereby authorized, upon the advice of the General Manager of the Buffalo Sewer Authority, legal counsel, professional engineers, and such other consultants as the Mayor and the General Manager deem appropriate, to amend such map, and prepare a more particular map and description of the interest in land or easement to be acquired to implement the Project. PASSED AYES - 9 NOES - 0 NO 83 BY: MR. FRANCZYK OPPOSE BANK OF AMERICA CLOSING AT 949 BROADWAY WHEREAS: Bank of America has sent a notice to East Side customers that it will be closing its branch bank at 949 Broadway, effective August 14, 2009; and, WHEREAS: The Bank of America building is an architecturally significant terra cotta structure at the pivotal corner of Broadway and Fillmore, and its closure would be a hardship to a deeply underserved community, one of the poorest in the nation; and, WHEREAS: Across 949 Broadway stands another vacant large office building, leaving two vacant office buildings on a critical corner the city is working to commercially improve ; and, WHEREAS: Bank of America availed itself of $45 billion of Targeted Investment Program and Asset Guarantee Program (TARP) funds, plus a guarantee of $118 million of its assets; and, WHEREAS: It is not acceptable for Bank America to grab taxpayer money with one hand, while with the other, disinvest in an impoverished Buffalo neighborhood struggling to revitalize itself; NOW THEREFORE BE IT RESOLVED: That the Common Council goes on record in opposition of the closing of the Bank of America branch at 949 Broadway; BE IT FURTHER RESOLVED: That the Common Council appeal to the local congressional delegation, including Senators Chuck Schumer and Kirsten Gillibrand, as well as Representatives Louise Slaughter and Brian Higgins to see if it possible to block Bank of America's attempt to turn its back on Buffalo East Side, particularly in light of the fact of the billions of public money poured into this failed bank; BE IT FURTHER RESOLVED: That this resolution be forwarded to Mr. Nell Barofsky, Special Inspector General for TARP and Gene Dodaro, Acting TARP Comptroller General, for possible action to prevent the closing of this bank branch; BE IT FURTHER RESOLVED: That Bank of America's closing at 949 Broadway be investigated as a possible violation of the Community Reinvestment Act; BE IT FINALLY RESOLVED: That Bank of America be asked to explain its abandonment of the Broadway-Fillmore community, greatly inconveniencing the people of that community. ADOPTED NO 84 BY: COUNCIL PRESIDENT DAVID FRANCZYK WAIVE PERMIT FEE FOR AMERICAN LEGION CONVENTION PARADE FOR JULY 10, 2009. WHEREAS, The American Legion was chartered by Congress in 1919 as a patriotic, war-time veterans organization, devoted to mutual helpfulness; and WHEREAS, The American Legion has an excellent and long standing reputation as a not-for-profit community service organization; and WHEREAS, The Department of New York American Legion Convention Parade will be held in Buffalo on July 10, 2009 and the permit for the parade is pending approval; and WHEREAS, As a measure of partnership and commitment, the American Legion has requested that the City of Buffalo waive all permit fees associated with the parade as has been done in the past; and WHEREAS, The City of Buffalo, and especially this Common Council, seeks to maintain and encourage such valuable partnerships by increasing our support to all causes aimed at strengthening city veterans. NOW, THEREFORE BE IT RESOLVED, the Common Council of the City of Buffalo waives all parade license and permit fees for the American Legion Convention in the City of Buffalo for July 10, 2009. PASSED AYES - 9 NOES - 0 NO 85 BY: MR. GOLOMBEK GRANT PERMISSION FOR BUFFALO HOMECOMING CELEBRATION TO HANG A BANNER ON ELMWOOD AVENUE th Whereas: Buffalo Homecoming will be holding their 4annual celebration of Buffalo this year from June 25-28, 2009; and Whereas: This unique event is designed to showcase the City's many assets and to help keep our best and brightest here, encourage those who have left to come back, and to attract professionals, entrepreneurs, and businesses to the region; and Whereas: To encourage residents to participate in the event and to promote this celebration of Buffalo, the committee would like to hang a banner across Elmwood Avenue at Bidwell Parkway; and Whereas: Buffalo Homecoming would like to hang the banner from June 10, 2009 until June 30, 2009; and Whereas: Pride Buffalo has been in contact with the City of Buffalo's Department of Public Works and understands all the requirements necessary for proper installation of the banner; Now, Therefore, Be It Resolved: That the City of Buffalo hereby grants permission to Buffalo Homecoming to hang a banner on Elmwood Avenue at Bidwell Parkway, from June 10, 2009 until June 30, 2009; and Now, Therefore, Be It Further Resolved: That the banner be hung in accordance with all conditions, restrictions, and requirements as set forth by the City of Buffalo and the Department of Public Works, Parks and Streets. ADOPTED NO 86 MR. KEARNS, MR. FONTANA, MR. FRANCZYK, MR. LOCURTO, & MR. RIVERA INCREASING TRANSPARENCY BY REQUIRING THAT PUBLIC BODIES HOLD MEETINGS IN A CENTRALIZED LOCATION THAT ALLOWS FOR THEIR RECORDING AND AIRING ON CATV Whereas: The New York State Public Officers Law, specifically Chapter 47, Article 7, codifies the requirements imposed on public bodies regarding Open Meetings and Executive Sessions; and Whereas: The law requires that "Every meeting of a public body shall be open to the general public, except that an executive session of such body may be called and business transacted thereat in accordance with section 95 of Article 7 thereof;" and Whereas: The City of Buffalo has a large number of public bodies, such as, for example, the Common Council, the Parking Board, the Planning Board, the Zoning Board and the affiliated governing boards of the Buffalo Sewer Authority, the Buffalo Urban Renewal Agency, the Buffalo Municipal Housing Authority, the Buffalo Municipal Water Finance Authority and the Buffalo Water Board, which meet at various locations on either a regular or infrequent basis; and Whereas: Public bodies have taken steps to encourage the public to attend their meetings, however, the scheduled dates, times and locations of meetings may make attendance by the public inconvenient; and Whereas: The Common Council and the Buffalo Board of Education have both made considerable financial investments to acquire technology that allows for the routine recording of their meetings and those of their committees for broadcast on the City's Cable Access Television (CATV) government channels; and Whereas: Although the recording and broadcasting of meetings greatly increases the transparency of public bodies by allowing a greater number of tax payers to witness their deliberations and decision making, currently, the Common Council and Buffalo Board of Education are the only public bodies that routinely do so; and Whereas: If all public bodies of the City of Buffalo were to begin conducting their meetings in Common Council Chambers in City Hall, their meetings could be recorded and broadcast on CATV government channels for public viewing; and Whereas: In addition to allowing for the recording and broadcast of many more public bodies' meetings, holding the meetings of public bodies in Common Council Chambers, or a similar geographically centralized, uniform location that is well serviced by public transportation and which nearly all Buffalonians are familiar with, could increase physical attendance and citizen participation at meetings. Now Therefore Be It Resolved: That this Common Council hereby requests that the Mayor, along with each board, agency or authority of the City, in accordance with Section 18-2 of the Buffalo City Code, furnish a schedule of their regular and special meetings and their duly authorized committees to the Common Council by filing such information with the City Clerk on an on-going basis; and Be It Further Resolved: That the aforementioned entities provide a written explanation to this Common Council detailing any impediments to conducting their governing board and duly authorized committee meetings within Common Council Chambers in an effort to facilitate wider attendance by the public and allow for the routine recording of their activities for airing on CATV government channels; and Be It Further Resolved: That this initiative would be an efficient use of limited taxpayer dollars because it will increase transparency and citizen participation without the need for duplicative installation of costly recording equipment by each individual public body cited herein, would allow for greater use of existing government infrastructure that was specifically installed to accommodate the needs of the public and the governing boards, and is a logical extension of a system that has already been successfully utilized for some time by the Common Council and Buffalo Board of Education; and That this resolution be forwarded to this Common Council's and action. Be It Finally Resolved: ADOPT RESOLVES THE REMAINDER TO COMMITTEE ON Finance Committee, the City's Office of Telecommunications and Utilities, the Mayor and the aforementioned public bodies for comment and action. ADPOT RESOLVES THE REMAINDER TO FINANCE NO 87 BY: MR. KEARNS TRANSFER OF FUNDS-PW 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 $100,000 be and the same is hereby transferred within the Department of Public Works and said sum is hereby reappropriated as set forth below: From: Engineering 13112006 - 490000 - Freeze Funds $100,000 To 13296006 - 443301 Buildings - Equipment Repair $ 85,000 13296006 - 443200 Buildings - Building Repair $ 15,000 PASSED AYES - 9 NOES - 0 NO 88 BY: MR. KEARNS GRANT PERMISSION TO SORRENTO LACTALIS COMMERCIAL, INC. TO HANG BANNER ON SOUTH PARK AVENUE Whereas: Sorrento Lactalis Commercial, Inc., 2376 South Park Avenue, requests permission to hang a banner across South Park Avenue in support of the Italian Heritage Festival; and Whereas: The banner will hang from June 23, 2009 to July 21, 2009; and Whereas: Sorrento Lactalis Commercial, Inc. is continuing to sponsor the Italian Heritage Festival and the banner will help promote Sorrento's on-going sponsorship with the Italian Heritage Festival; and Now, Therefore, Be It Resolved: That the Common Council of the City of Buffalo grants permission to Sorrento Lactalis Commercial, Inc. to hang an informational banner across South Park Avenue to promote the Italian Heritage Festival; and Be It Further Resolved: That the banner will hang across South Park Avenue, from corporate headquarters at 2236 South Park Avenue to the Sorrento plant at 2375 South Park Avenue, from June 23, 2009 to July 21, 2009; and Be It Finally Resolved: That said banner must meet all requirements of pertinent city departments and that no existing laws are violated. ADOPTED NO 89 SPONSOR: MR. KEARNS CO-SPONSORS: MR. LOCURTO, MR. FONTANA, MR. RIVERA, AND MR. FRANCZYK THE NEED FOR AN IMMEDIATE AUDIT OF BURA AND BERC Whereas: The City of Buffalo has assigned to the Buffalo Urban Renewal Agency ("BURA"), the responsibility for managing and disbursing Community Development Block Grant ("CDBG") funds allocated to the City by the Federal government; and Whereas: BURA is a quasi-governmental agency that was brought into existence, and currently operates, pursuant to Articles 15, 15-A and 15-B of the New York General Municipal Law. Due to the expansive powers granted to BURA and other quasi-governmental agencies under New York State law, many have described public authorities as being "shadow governments;" and Whereas: BURA has contracted with the Buffalo Economic Renaissance Corporation ("BERC") to furnish certain services that support business development and growth by assisting the private sector to create and retain jobs; and Whereas: Pursuant to the City of Buffalo Charter, specifically Article 7, section 7-4(2), "The Comptroller [of the City of Buffalo] shall have the power to conduct financial and performance audits of all agencies and other entities a majority of whose members are appointed by city officials or that derive at least fifty (50) percent of their revenues, including the provision of goods, services, facilities or utilities, from the city or from allocations under the authority of the City. As a condition of the payment of any funds by or under the authority of the city, such agency or entity shall be required to agree to accept such audits. As a condition of the payment of any funds by or under the authority of the City to any agency or entity on a grant or for goods or services, such agency or entity shall agree to accept audit by the Comptroller of the performance of the terms of such agreement."; and Whereas: Pursuant to the City of Buffalo Charter, specifically Article 7, section 7-4(4), "The Comptroller [of the City of Buffalo] shall have the power to conduct performance audits of all bureaus, offices, departments, boards, commissions, activities, functions, programs, agencies and other entities or services of the city (including those mentioned in paragraph 2 of this section) to determine whether their activities and programs are (i) conducted in compliance with applicable law and regulation; and (ii) conducted efficiently and effectively to accomplish their intended objectives."; and Whereas: The City currently allocates its allotment of CDBG funding to BURA, which in the current fiscal year is in excess of $16 million, and BURA allocates a portion of this funding that it receives from the City to BERC, which in the current fiscal year is in excess of $3 million; and Whereas: The United States Department of Housing and Urban Development ("HUD"), which is charged by the Federal government with the responsibility for disbursing and monitoring CDBG funding, recently released a scathing monitoring report that detailed serious mismanagement of CDBG funds that were allocated to the City of Buffalo (and subsequently to BURA, then to BERC) and identified nineteen (19) findings and two (2) concerns, citing the use of anti-poverty funding to cover questionable and potentially ineligible costs totaling an amount in excess of $5.8 million; and Whereas: In a series of investigative reports and news articles, The Buffalo News has alleged a pattern of questionable, possibly unethical, and potentially illegal actions by BERC employees and high-ranking City officials associated with the management of CDBG funds; and Whereas: The shortcomings identified in HUD’s monitoring report and the allegations by the Buffalo News are cause for serious concern, and reveal that federal tax dollars that should have been earmarked for the purpose of reducing and eliminating poverty, are instead being directed to other ineligible purposes or misappropriated by individuals who have a fiduciary responsibility to protect taxpayer dollars; and Whereas: The City Comptroller in recent media accounts has been quoted as expressing his intent to review this matter in greater detail. Now Therefore Be It Resolved: That this Common Council hereby requests and directs that the City Comptroller immediately undertake both a financial audit and performance audit of BURA end BERC, as referenced in the City of Buffalo Charter in Article 7, sections 7-4(2) and 7-4(4); and Be It Further Resolved: That this Common Council hereby requests and directs that representatives of the City Comptroller, the City Administration, BURA, BERC and the Common Council's Community Development Committee, meet immediately to discuss and develop the scope of said audits; and Be It Further Resolved: That a certified copy of this resolution be forwarded to the entities cited herein; and Be It Finally Resolved: That this matter be referred to the Common Council's Community Development Committee for further action. ADOPT RESOLVES THE REMAINDER TO THE COMMITTEE ON DEVELOPMENT NO 90 BY: MR. LOCURTO CO-SPONSORS: MR. KEARNS, MR. RIVERA COMPELLING TRANSPARENCY IN NOT-FOR-PROFIT ORGANIZATIONS THAT RECEIVE CITY TAXPAYER DOLLARS WHEREAS: The City of Buffalo is fortunate to have many not-for-profit organizations that provide valuable services to its residents; and WHEREAS: Many of these organizations receive their primary funding from the City of Buffalo's annual operating budget and/or through contracts with the City or with its allied agencies for providing services that are funded through Community Development Block Grant ("CDBG"), Housing Opportunities Made Equal ("HOME"), Emergency Shelter Grant ("ESGI") and Housing Opportunities for Persons With Aids ("HOPWA") grant money; and WHEREAS: Typically, not-for-profit organizations that contract with the City of Buffalo are governed by a Board of Directors that must follow a set of by-laws. These Boards usually provide fiduciary and programmatic oversight for the organization but choose to hire an Executive Director to handle day-to-day operations; and WHEREAS: These not-for-profit organizations choose their Board members in accordance with the procedures found in their respective by-laws, and in the case of many such organizations, selections occur by a vote of the organization's membership, by appointment by community officials and/or by virtue of a person holding a particular offices or official positions (ex-officio); and WHEREAS: Actions that are taken by the Boards of organizations that contract with the City of Buffalo or with its allied agencies to provide public services are funded through public tax dollars and can significantly impact City residents, which makes it critically important that they operate openly and with transparency so that taxpayers can keep informed of their actions and are obtain information generated by, about them, and on these organizations; and WHEREAS: In some instances, obtaining information relating to the deliberations, actions, reports, audits and other records of these organizations or their Board's is often difficult if not impossible. NOW, THEREFORE BE IT RESOLVED: That this Common Council does hereby direct the Acting Corporation Counsel to prepare a Local Law requiring that all not-for-profit organizations that contract with the City of Buffalo, or with an allied agency thereof, to provide public services, shall file the following information with the City Clerk as soon as such information becomes available: • Meeting Schedules (and revisions) • Organizational by-laws and/or Rules of Order • Governing Board membership and any changes to Board membership along with the powers and/or duties ascribed to each such person (including representation, voting powers, terms of office, etc.) • Approved Minutes of all Board of Director Meetings • Any and all annual, semi-annual or other periodic reports, studies, evaluations, audits or reviews, financial or otherwise, that are prepared by, on, or for said organizations; and BE IT FURTHER RESOLVED: That this Common Council hereby directs the City's Acting Corporation Counsel to further include in said Local Law, a provision requiring that all not-for-profit organizations that contract with the City of Buffalo or with an allied agency thereof in an amount equal to or greater than $5,000, shall file the information cited herein with the City Clerk for review by the Common Council as a pre-requisite to their receiving further funding. BE IT FINALLY RESOLVED: That this Common Council hereby directs the City's Acting Corporation Counsel to determine the legality, and the City's Director of Management Information Systems to determine the feasibility, of posting the aforementioned information for public review and download on the City of Buffalo's website. ADOPT 1st and 2nd RESOLVE THE REMAINDER TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO 91 SPONSOR: MICHAEL LOCURTO PERMISSION TO HANG BANNERS AROUND CANISIUS HIGH SCHOOL Whereas: Canisius High School has been a bedrock of the community since it opened in 1870 and has served the neighborhood at its current address of 1180 Delaware Avenue since 1944; and Whereas: To further establish itself as part of the community, Canisius High School wishes to hang banners with the school seal, photos of students and faculty, and buzz words; Whereas: These banners would be a permanent fixture, being changed seasonally; and Whereas: Such banners exist already around Buffalo State Collage; and Whereas: Canisius High School will be marking the completion of their newly expanded school on September 20, 2009 by holding a grand opening; and Whereas: To announce this occasion, Canisius High School wishes to raise a banner across Delaware Avenue to their property on either side of the street from September 1, 2009 to October 1, 2009; and Whereas: Canisius High School is familiar with the banner requirements and will purchase the necessary bond before the banners are installed; Now, Therefore Be It Resolved: That the Common Council does hereby grant permission to Canisius High School to install banners along lamp posts near the campus on Delaware Avenue, West Ferry Street, Cleveland Avenue, Tudor Place, Auburn Avenue, Highland Avenue, and Elmwood Avenue. Further Be It Resolved: That the Common Council does hereby grant permission to Canisius High School to install a banner across Delaware Avenue from their property on either side from September 1, 2009 to October 1, 2009. ADOPTED NO 92 SPONSOR: MICHAEL LOCURTO PERMISSION TO HANG FLAGS AND LIGHTS ALONG HERTEL AVENUE Whereas: The Buffalo Common Council has designated Hertel Avenue between Delaware Avenue and Starin Avenue as Little Italy; and Whereas: In the month of July, Hertel Avenue hosts the Italian Heritage Festival, bringing people in from across the area; and Whereas: Hertel Avenue contains over twenty Italian restaurants, bakeries, cafes, pizzerias, beauty salons, shops, bars, nightclubs, and other stores along this area of the street; and Whereas: The Hertel-North Buffalo Business Association, together with the Italian Heritage Festival has asked to fly flags and string ~t th, lights across Hertel Avenue's Little Italy district from June 1to September 152009; Now, Therefore Be It Resolved: That the Common Council does hereby grant permission to the Hertel-North Buffalo Business Association to hang banners on light poles th, in Hertel Avenue's Little Italy district between Delaware Avenue and Starin Avenue from June 1st to September 152009 in celebration of Hertel Avenue and the City of Buffalo's Italian American's. ADOPTED NO 93 BY: MR. LOCURTO, MR. KEARNS, MR. GOLOMBEK REQUEST FOR INFORMATION RELATING TO THE CDBG PROGRAM MONITORING REPORT FOR THE CITY OF BUFFALO CONDUCTED BY HUD'S OFFICE OF COMMUNITY PLANNING & DEVELOPMENT WHEREAS: The City's administration has acknowledged receiving a copy of the Dept. of Housing & Urban Development ("HUD") Monitoring Report for Buffalo's Community Development Block Grant ("CDBG") Program on March 13, 2009; and WHEREAS: This monitoring report identified nineteen findings and two concerns in regards to various aspects of the City's CDBG program and, as a result, the City of Buffalo may ultimately be compelled to reimburse HUD for inappropriate use of funds relating to its alleged: • Misuse of CDBG funds for salaries that are appropriated under other Federal or non-federal programs (Finding Number Five), • Charging of questionable staff costs to the CDBG program in the amount of 392,025.19 based upon an outdated Indirect Cost Allocation Plan (Finding Number Six), • Charging of ineligible costs to the CDBG program in the amount of $29,416.67 for activities identified as Public Services (Finding Number Nine), • Failing to retrieve program income and secure CDBG assets generated from expired Neighborhood Housing Services ("NHS") sub recipient agreements (Finding Number Fourteen), • Charging of costs in the amount of $1,425,607.99 for city wide demolitions that were unsupported (Finding Number Fifteen), • Charging of questionable acquisition/disposition costs to the CDBG program in the amount of $1,107,530.36 (Finding Number Sixteen); and WHEREAS: The Summary of Results and Conclusions within the monitoring report states that, should the City of Buffalo "disagree with any of HUD's determinations or conclusions regarding this monitoring report, [the City should] address these issues in writing to this Department within 45 days of this report. [The City's] written communication should explain [its] reasons why [they] disagree along with the supporting evidence and documentation"; and WHEREAS: The City's administration acknowledged this deadline in a public statement issued on March 28, 2009, in which it stated that "the city's Office of Strategic Planning is in the process of preparing its response to the findings cited in the Monitoring Report, which are due back to HUD 45 days from the receipt of the report."; and WHEREAS: In a letter to the Mayor dated April 27, 2009, the Chairperson of the Common Council's Community Development Committee requested that a copy of any and all correspondence between the administration and HUD regarding the issuance of HUD's monitoring report, including the response that as of March 28, 2009 was being prepared by the Office of Strategic Planning, be filed with the Common Council for review at its meeting scheduled for Tuesday, April 28, 2009; and WHEREAS: Upon receiving no response regarding the information requested in the Chairperson's letter, a resolution was subsequently adopted by the Common Council on May 12, 2009 restating the request that a copy of any and all correspondence between the City of Buffalo and HUD regarding the issuance of HUD's monitoring report, including any response prepared by the City, be filed with the Common Council before 4:30 pm, Thursday, May 14, 2009; and WHEREAS: The 45 days that the City was given to respond to the findings contained within HUD's monitoring report have long since come and gone but, as of May 21, 2009, the City's administration has still not responded to either of the requests for information contained in the aforementioned letter and resolution; and WHEREAS: As a result of the City administration's failure to respond to these reasonable requests, the Common Council has been deprived of important information that it has needed to assess the budgetary impact of reimbursements that the City may be compelled to make to HUD, which could have a several million dollar impact on City finances, in fulfilling its City Charter imposed duty to review the Mayor's Recommended 2009-2010 Fiscal Year Recommended Budget; and WHEREAS: This failure to respond to these reasonable requests is a disservice and an embarrassment to the Common Council and the taxpayers of the City of Buffalo and has deprived elected officials of their ability to monitor and wisely allocate the spending of tax dollars. NOW, THEREFORE BE IT RESOLVED: That this Common Council does hereby reiterate the request of the Chairman of the Community Development Committee and the Common Council, and directs the City Administration, to furnish to this Common Council for its review, all correspondence between the City of Buffalo and HUD regarding the issuance of HUD's monitoring report, including any response prepared by the City; and BE IT FURTHER RESOLVED: That this Common Council directs its legislative staff to send certified copies of this resolution to the Mayor, the Executive Director of the City's Office of Strategic Planning, and the local HUD Field Office Director; and BE IT FINALLY RESOLVED; That if the information requested above is not filed with the City Clerk within 48 hours of the adoption of this resolution, that this Common Council does hereby also direct the City's Department of Law to prepare a subpoena to obtain the information cited herein pursuant to the powers granted to the members of this Common Council by City Charter Section 3-7(o). ADOPT RESOLVES THE REMAINDER TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO 94 SPONSOR: MR. LOCURTO CO-SPONSORS: MR. KEARNS, MR. RIVERA, MR. FONTANA CITY EMPLOYEES RECEIVING MULTIPLE SALARIES WHEREAS: This Council continues to review and examine in detail the expenditure of Community Development Block Grant (CDBG) funds awarded by the US. Government to eradicate poverty within the City of Buffalo, NY, the third most impoverished City in the nation; and WHEREAS: The City currently passes its allocation of CDBG monies on to and utilizes the services of, the Buffalo Urban Renewal Agency (BURA) to administer this funding; and WHEREAS: BURA administers the CDBG funding that it receives using various subcontractors such as the Buffalo Economic Renaissance Corporation (BERC) and the Buffalo Neighborhood Revitalization Corporation (BNRC); and WHEREAS: After repeated requests from the Common Council, the Media and most importantly, City taxpayers, the City Administration has finally begun to release certain salary information for individuals who provide services to the City and are paid from CDBG funds; and WHEREAS: It has recently been discovered that numerous individuals are being compensated by the City of Buffalo, as well as by other allied City organizations, and appear to be enjoying dual-employment status by virtue of receiving two salaries - one from the City of Buffalo paid by City taxpayers using the City General Fund, and another salary(s) also paid by City taxpayers through federal CDBG anti- poverty funds administered by allied City Agencies; and WHEREAS: This does not represent the best use of taxpayer dollars and raises serious questions, specifically regarding the allocation of hours worked by these individuals while performing their duties. Individuals that are employed by the City in an appointed / exempt position are required by the terms of their employment to be on-call twenty four hours a day, seven days a week and three hundred sixty five days per year (24/7/365). This begs the question as to how these individuals can perform the duties associated with other positions for which they are receiving compensation and calling into question whether they are being paid twice for the same work; and WHEREAS: The multiple employment scenario also raises questions in the area of compensated leave time in the event an individual is on paid leave on the same day for multiple positions literally resulting in them being numerous times for the same work day while doing no work at all; and WHEREAS: Still other questions can be raised in the area of fringe benefits such as employer provided health and medical care, motor vehicles, cell phones, "Blackberrys" and similar telecommunication devices such as whether these costs are also being paid twice or allocated on a pro-rata basis between each organization; and WHEREAS: The information provided by the City Administration after lengthy delays continues to raise more questions than answers and is the subject of on-going reviews and investigations by the United States Department of Housing and Urban Development (HUD) and the City Comptroller's office. NOW, THEREFORE BE IT RESOLVED: That this Common Council does hereby request that the following information be immediately filed with this Common Council for its review at its next Common Council meeting scheduled for June 23, 2009: • Rationale for justifying the need for two separate salaries for each of the positions classified as dual-employment (e.g.: for any individual employed simultaneously by he City, BURA, BERC or any agency or entity receiving City and CDBG based funding), • The Job Specifications and/or Job Duties, minimum educational, work experience and/or other pre-requisite requirements for such positions, • Sign-In / Sign-Out sheets, leave time records and / or documents evidencing the hours worked for each employer. BE IT FURTHER RESOLVED: That this Common Council hereby directs that certified copies of this resolution be directed to the City Administration, it's Departments of Human Resources, Community Services, Corporation Counsel, and Audit and Control as welt as BURA, BERC and BNRC to solicit their responses and filing of the information requested herein. BE IT FINALLY RESOLVED: That this Common Council hereby directs that this resolution be referred to its Committee on Community Development for further action and follow-up. ADOPTED NO 95 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 Master Sergeant Wayne M. Green By Councilmember Brian Davis ADOPTED NO 96 BY: DEMONE A SMITH APPOINTMENTS COMMISSIONERS OF DEEDS REQUIRED FOR THE PROPER PERFORMANCE OF PUBLIC DUTIES That the following persons are hereby appointed as Commissioner of Deeds for The term ending December 31, 2010, conditional upon the persons so appointed certifying under oath to their qualifications and filing same with the City of Buffalo Johanan G. Calcano Susan Pilat Dawn M. Kurcz David Rodriguez Janis Borman Arthur Eve, Jr. TOTAL 6 ADOPTED NO 97 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: Thomas J. Mazur Timothy M. Wroblewski Russell T. Smith Elias D. Benavides Richard M. Gattone Paul H. Riester Tracy McNerney Jeanette E. McLeod Peggy A. LaGree Daniel Pfohl Dale M. Hudson Emilie Rosenbluth Jillian M. Warner Jacqueline Hazzan Alan Wynia Jeffrey J. Quinn Stanley A. Jemioto, Jr. Emily C. Trimper Ross M. Kostecky Patrick J. Ruffino Beth M. Salatka William Lobbins Richard Planavsky Sergio Rodriguez E. Marshall Wood, Jr. John Sullivan Jared Jackson Tracy Witman Ellen Noratius Daniel R. Aikin Andrew J. Kowalski Joshua Wroblewski Andrea Eve Pomaranski Tracey Reyes Christopher F. Knospe Adam Dotzler TOTAL 36 ADOPTED NO 98 ANNOUNCEMENT OF COMMITTEE MEETINGS th The following meetings are scheduled. All meetings are held in the Common Council Chambers, 13floor City Hall, Buffalo, New York, unless otherwise noted. Regular Committees Committee on Civil Service Tuesday, June 16, 2009 at 9:45 o'clock A.M. Committee on Finance following Civil Service Tuesday, June 16, 2009 at 10:00 o'clock A.M. Committee on Comm. Dev. Tuesday, June 16, 2009 at 1:00 o'clock P.M. Committee on Legislation Tuesday, June 16, 2009 at 2:00 o'clock P.M. (Public Disclaimer): All meetings are subject to change and cancellation by the respective Chairmen of Council Committees. In the event that there is sufficient time given for notification, it will be provided. In addition, there may be meetings set up whereby the City Clerk's Office is not made aware; therefore, unless we receive notice from the respective Chairmen, we can only make notification of what we are made aware. NO 99 ADJOURNMENT On a motion by Mr. Fontana, Seconded by Mr. Golombek, the Council adjourned at 3:09 P.M. GERALD CHWALINSKI CITY CLERK June 9, 2009 SPECIAL SESSION MAY 21, 2009 AT 2:00 P.M. 1.Call for Special Session_______________________________________R&F 2.Discharge COW - 2009-2010 Mayor’s Recommended Budget ________ADOPT 3.Amended Revenue Estimates 2009-2010_________________________R&F 4.Amendments to 2009-2010 Mayor’s Recommended Budget__________APP 5.2009-2010 Budget as Amended_________________________________APP 6.Adjournment _______________________________________________R&F NO. 1 CALL FOR SPECIAL SESSION May 14, 2009 Mr. Gerald A. Chwalinski City Clerk 1308 City Hall Buffalo, New York Dear Mr. Chwalinski: Pursuant to Section 3.9 of the Charter of the City of Buffalo, upon the written request of Five Councilmembers, dated May 14, 2009 presented to you herewith, I hereby call a Special Meeting of the Common Council, to be held in the Council Chambers, City Hall, Buffalo, New York, on Thursday, May 21, 2009 at 2:00 P.M. for the following purposes: To receive and take appropriate action on : All Items Relating To 1 .) Mayor's Budget Recommendations 2009- 2010 Yours very truly, David A. Franczyk President of the Council May14,2009 Hon. David A. Franczyk President Common Council 1315 City Hall Buffalo, New York Dear Sir: WE, the undersigned, members of the Common Council, hereby request that you call a Special Meeting of the Common Council, pursuant to Section 3.9 of the Charter of the City of Buffalo, for the following purpose: To receive and take appropriate action on All Items Relating To 1.) Mayor's Recommended Budget 2009-2010 We request that this Special Meeting be held on May 21, 2009 at 2:00 P.M. Richard A. Fontana Richard Fontana David Franczyk Michael LoCurto David Rivera Demone Snith Pursuant to Rule 2 of the Rules of Order of the Common Council of the City of Buffalo, each of the following named members of the Common Council, to wit: BRIAN DAVIS JOSEPH GOLOMBEK MICHAEL LOCURTO BONNIE E. RUSSELL RICHARD FONTANA MICHAEL KEARNS DAVID A. RIVERA DEMONE SMITH hereby states that he/she received twenty-four (24) hours' notice of the time and purpose of the Special Meeting of the Common Council duly called to be held on May 21, 2009 at 2:00 PM Richard Fontana Joseph Golombek David A. Rivera Michael P. Kearns Michael LoCurto Demone Smith Brian Davis Bonnie E. Russell STATE OF NEW YORK COUNTY OF ERIE) ss: CITY OF BUFFALO) On this 14th day of May 2009, before me, the subscribers, personally appeared To me known to be the same persons described in and who executed the foregoing instrument, and they duly and severally acknowledged to me that they executed the same. Gerald A. Chwalinski Commissioner of Deeds, in and for the City of Buffalo, N.Y. My Commission expires 12/31/10 65 NIAGARA SQUARE 14202 ROOM 1308 CITY HALL BUFFALO, NEW YORK PHONE: (716) 851-5431 FAX: (716) 851-4845 May 14, 2009 TO EACH MEMBER OF THE COMMON COUNCIL: YOU ARE HEREBY NOTIFIED that, pursuant to Section 3.9 of the Charter of the City of Buffalo, upon the written request of Five Councilmembers, dated May 14, 2009, DAVID A. FRANCZYK, President of the Common Council, has called a Special Meeting of the Common Council, to be held in the Council Chambers, City Hall, Buffalo, New York, on May 21, 2009 at 2:00 P.M. for the following purpose: To receive and take appropriate action on all items relating to Org 1 .) Mayor's Recommended Budget 2009-2010 Yours very truly, City Clerk Gerald A. Chwalinski RECEIVED AND FILED NO. 2 DISCHARGE COMMITTEE OF THE WHOLE MAYORS 2009-2010 RECOMMENDED BUDGET (ITEM 2, CCP 5/1/09) Mr. Fontana moved that Whereas, the above item is currently tabled in the Committee of the Whole and, Whereas, it is no longer necessary for this item to be considered by that committee, Now Therefore Be It Resolved, that this Common Council does hereby discharge the Committee from further consideration of this item, and it is now before the Common Council for its consideration. Seconded by Mr. Rivera ADOPTED NO. 3 AMENDED REVENUE ESTIMATES 2009-2010 By this communication I hereby amend my revenue estimates for the 2009-2010 Budget as follows: Object Title From From To Change 10140015 - 340000 Charges for Services $1,200,000 $ 0 -$1,200,000 10700010 - 335221 NYS Tribal Compact Agreement $0 $1,200,000 +$,200,000 RECEIVED AND FILED NO. 4 2009-2010 BUDGET AMENDMENTS Mr. Fontana moved to approve the attached amendments to the Budget. Seconded by Mr. LoCurto PASSED AYES - 8 NOES - 0 NO. 5 2009-2010 BUDGET AS AMENDED PASSED AYES - 8 NOES - 0 NO. 6 ADJOURNMENT On a motion by Councilmember Fontana, Seconded by Mr. Rivera the Council adjourned at 2:20 pm GERALD A. CHWALINSKI CITY CLERK