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Home My WebLink About10-1214-1209ss-1209pp(2) NO. 23 PROCEEDINGS OF THE CITY OF BUFFALO DECEMBER 14, 2010 SPECIAL SESSION DECEMBER 9, 2010 PENSION PROCEEDINGS DECEMBER 9, 2010 MAYOR Hon. Byron W. Brown COMPTROLLER Andrew Sanfilippo COMMON COUNCIL PRESIDENT OF THE COUNCIL FILLMORE DISTRICT DAVID A. FRANCZYK PRESIDENT PRO TEMPORE NIAGARA DISTRICT DAVID A. RIVERA MAJORITY LEADER LOVEJOY DISTRICT RICHARD A. FONTANA DISTRICT COUNCIL MEMBERS CURTIS HAYES JR -ELLICOTT DEMONE A. SMITH – MASTEN MICHAEL J. LO CURTO – DELAWARE JOSEPH GOLOMBEK JR. – NORTH DAVID A. RIVERA- NIAGARA BONNIE C. RUSSELL-UNIVERSITY REGULAR COMMITTEES CIVIL SERVICE COMMITTEE: Bonnie E. Russell Chairman, Michael P. Kearns, Richard A. Fontana, Curtis Haynes Jr., David A. Rivera -Members CLAIMS COMMITTEE: David A. Rivera Chairman, Richard A. Fontana, Michael P. Kearns, Bonnie E. Russell - Members COMMUNITY DEVELOPMENT COMMITTEE: Michael LoCurto, Chairman, Richard A. Fontana, Joseph Golombek Jr., David A. Rivera, Demone Smith - Members FINANCE COMMITTEE: Michael P. Kearns, Chairman, Curtis Haynes Jr., Michael J. LoCurto, David A. Rivera, Bonnie E. Russell - Members. LEGISLATION COMMITTEE: Joseph Golombek Jr., Chairman, Richard A. Fontana, Curtis Haynes Jr., Michael LoCurto, David Rivera-Members. RULES COMMITTEE: David A. Franczyk, Chairman, Richard A. Fontana, David A. Rivera - Members SPECIAL COMMITTEES BUDGET COMMITTEE: Richard A. Fontana, Chairman, Michael P. Kearns, Michael J. LoCurto, Bonnie E. Russell - Members EDUCATION COMMITTEE: Demone Smith, Chairman, Richard A. Fontana, Curtis Haynes Jr.-Members MINORITY BUSINESS ENTERPRISE COMMITTEE: Demone Smith Chairman, Richard A. Fontana, Joseph Golombek Jr., Curtis Haynes Jr. – Members PARKS OVERSIGHT: Demone A. Smith, Chairman, Richard A. Fontana, Curtis Haynes Jr., Michael P. Kearns, Michael J. LoCurto - Members POLICE OVERSIGHT: Richard A. Fontana, Chairman, Curtis Haynes Jr., Michael P. Kearns, David A. Rivera, Bonnie E. Russell, Demone Smith – Members PUBLIC TRANSPORTATION: Michael P. Kearns, Chairman, Richard A. Fontana, Michael J. LoCurto, David A. Rivera - Members WATERFRONT DEVELOPMENT COMMITTEE: Michael P. Kearns, Chairman, Joseph Golombek, Jr, Michael J. LoCurto, David A. Rivera, members INVOCATION PLEDGE TO FLAG DATE December 14,2010 FINAL MAYOR 1- A.Construction and Home Improvement Advisory Board ADOPT 2- B. Elevator Safety Board ADOPT 3- 1. Req. Info From Comm. Stepniak Regarding ccp#104, 11/16/10 R&F MAYOR – EXECUTIVE 4- 2. Cit Serv-Submission of Monthly Report-November 2010 R&F 5- 3. Plan Bd-SEQR Neg Declaration-2724 Bailey(Univ) R&F 6- 4. Plan Bd-SEQR Neg Declaration-3364 Bailey(Univ) R&F 7- 5. Plan Bd-SEQR Neg Declaration-437 Broadway(Ell) R&F 8- 6. Plan Bd-SEQR Neg Declaration-257 Hopkins(South) R&F 9- 7. Plan Bd-SEQR Neg Declaration-1055 Genesee(Fill) R&F 10- 8. Strat Plan-Report of Sale-228 Baynes(Nia) APP 11- 9. Strat Plan-Report of Sale-237 Herkimer(Nia) APP 12- 10. Strat Plan-Report of Sale-200 Sweet(Fill) APP 13- 11. Strat Plan-Rescind Sale & Forfeit Deposit-1418 & 1422 Bailey(Lov) APP COMPTROLLER 14- 12. Certificate of Necessity-Public Works R&F 15- 13. Appt Jr. Data Control Clk(Perm)(Inter)(Harding) CS PUBLIC WORKS 16- 14. Bus Shelter Within City ROW-Seneca & Emslie APP 17- 15. Change in Contract-Bailey Kensington Fire Station(Univ) APP 18- 16. Change in Contract-J.W. Danforth Co., Inc APP 19- 17. Concrete Bollards Within City ROW-68 South Elmwood(Ell) APP 20- 18. Report of Bids-MLK Jr Park-Splash Pad Equip(Mas) APP 21- 19. Report of Bids-Water Dist System Replacements APP 22- 20. Report of Bids-Rehab of Equipment-Col Ward Filtration Plant APP nd 23- 21. Appt Supervisor of Street Sanitation I(Perm)(2 Step)(Devoe) CS PERMITS AND INSPECTIONS 24- 22. Food Store License(New)-117 Colvin(Del) APP 25- 23. Food Store License(New)-912 E. Delavan(Mas) LEG 26- 24. Food Store License(New)-389 Grider(Mas) LEG 27- 25. Food Store License (New)-309 Hudson(Ell) LEG 28- 26. Food Store License(New)-2319 Main(Mas) LEG 29- 27. Second Hand Dealer(New)-1675 South Park(South) LEG 30- 28. Second Hand Dealer-442 William(Ell) APP 31- 29. Used Car Dealer-2208 Elmwood(North) LEG PARKING 32- 30. Appt Assistant Administration of Pkg(Prov)(Max)(Kaczmarz) CS HUMAN RESOURCES 33- 31. Appt Account Clerk Typist(Perm)(Inter)(Lee) CS 34- 32. Appt Compensation & Benefits Specialist(Perm)(Max)(Machin) CS CIVIL SERVICE COMMISSION 35- 32A Contract With Travers Collins-Mktg Comm for 2011 Police Exam APP CITY CLERK 36- 33. Liquor License Applications R&F 37- 34. Leaves of Absence R&F 38- 35. Reports of Attendance R&F 39- 36. Notices of Appointment-Seasonal R&F 40- 37. Notices of Appointments- Temp/Prov/Perm CS MISCELLANEOUS 41- 38. B. Bray-J. Burin, NYSCMA Endorses Council Manager Form of Gov’t For COB LEG 42- 39. B. Bray-M. Palesh-Council Manager Governmental Task Force LEG 43- 40. G. Chwalinski-W. Skretny Request to Assign New Federal Courthouse Mailing Address of 2 Niagara Sq. LEG,POL,FIRE,PW,USPS 44- 41. LP Ciminelli-Board Packet Documents December 201 ED 45- 42. J. Golombek-Protection From Natural Gas Extraction LEG 46- 43. C. Kalevar-Concerns 136 Adams-Water/Sewer & User Fees for Empty Lot LEG 47- 44. M. Kearns-N. Noon-Concerns Re Work Performed at the Old Republic Steel Site CD,EDPI 48- 45. M. Kearns-Snow Removal Complaints LEG,EDPI,PW 49- 46. M. Romanowski-Bflo Nia Med Camp-North End Deve Draft Supp. Environ. Impact Statement n Notice of Completion of Draft Environ Impact Statement R&F 50- 47. R. Wall-NYSDEC Response to Noxious Odors From 55 Roberts Ave R&F PETITIONS 51- 47A J. Allen, agent, Use 1600 Hertel for a Pole Sign(Del)(no pub hrg) LEG,CPBD 52- 48. G. Hunter & O-Request Council to Adopt Bflo’s Community Protections From Natural Gas Extraction Ordinance LEG RESOLUTIONS 73- 49. Fontana Amending Ch 511, Art XVI of City Code to Create A Genesee-East Delavan Special Zoning District LEG,EDPI,CC 74- 50. Fontana Amending City Code-“Private Clubs” and “General Merch. Stores” as Restricted Uses Within The Clinton St Spec Zoning Distr LEG,EDPI,CC 75- 51. Fontana Amending City Code-“Private Clubs” and “General Merch. Stores” as Restricted Uses Within The Lovejoy St Spec Zoning Distr LEG,EDPI,CC 76- 52. Franczyk New Appointment to the Council-Manager Task Force ADOPT 77- 53. Franczyk, etc Waiving all Fees Associated With the Now Generation Inaugural Peace Walk and Rally ADOPT 78- 54. Kearns Transfer in Funds-Public Works APP 79- 55. Kearns,ect Licensing Plowing & Snow Removal Business In The COB LEG,EDPI,CC 80- 56. LoCurto COB Green Building Taskforce ADOPT 81- 57. Smith Felicitations in Memorium ADOPT 82- 58. Smith Comm of Deeds Public Duties ADOPT 83- 59. Smith Comm of Deeds ADOPT TABLE ITEMS ------Waterfront Neighborhood Community Development Agreement (ccp#3, 8/4/2010) SUBMISSION LIST OF COMMITTEE ITEMS FOR THE COUNCIL MEETINGS CLAIMS Personal Injury 53- A-1. Eula Collins-Bailey $ 3,000.00 APP A-2. Jeremy Evens $17,500.00 APP A-3. Antonio Gardin $15,000.00 APP A-4. Kenneth Hartman $ 40.00 APP A-5. Garrett Hicks $10,000.00 APP A-6. Abdou Taher $70,000.00 APP A-7. Shaneesha White $ 3,500.00 APP A-8. Tera Lynn Whiteside $ 3,500.00 APP A-9. Desiree Williams p/n/g Joshua Miller, Daniel Williams and Tionee Miller $49,000.00 APP Property Damage 54- B-1. Barbara Barksdale $988.00 APP B-2. Jacqueline Barnett $180.79 APP B-3. Sharon Coughlin $113.02 APP B-4. Kimberly Ann Dole $962.72 APP B-5. Stephen Guevara $5740.00 APP B-6. Paula Mason $399.00 APP B-7. Al E. Moore $ 90.00 APP B-8. National Fuel $1798.38 APP B-9. Daniel Olszewski $374.54 APP B-10 Carmen Pace $473.72 APP B-11. Connie Poitras $1306.50 APP B-12. Alfonso Polito $195.75 APP B-13. Kathie Renner $66.00 APP B-14. Rachel Sayles $705.90 APP B-15. Robert Wegrzyn, Jr. $500.00 APP Miscellaneous Reimbursement 55- C-1. Liban Mayow Abikar $ 531.00 APP C-2. Le’Don Hall $1500.00 APP C-3. Sandra Warheit $ .75 APP Miscellaneous Invoices 56 D-1. AFSCME Local 650 $1617.07 APP D-2. AT&T Mobility $8311.55 APP D-3. Bison Baseball $23,800.00 APP D-4. Bison Baseball $30,000.00 APP D-5. Bison Elevator $1996.65 APP D-6. Bison Elevator $1850.00 APP D-7. Bison Elevator $1261.75 APP D-8. Buffalo OccMed LLC $154,342.78 APP D-9. Buffalo Small Animal Hospital $380.00 APP D-10. Buffalo Small Animal Hospital $4891.02 APP D-11. Buffalo Small Animal Hospital $2838.16 APP D-12. Buffalo Small Animal Hospital $7367.64 APP D-13. Cintas $1072.55 APP D-14. City Treasury $101.00 APP D-15. Comdoc Office Systems $62.80 APP D-16. Comdoc Office Systems $137.03 APP D-17. County Line Stone Co. $3901.66 APP D-18. Geiter Done of WNY $22,550.00 APP D-19. Hannah Demolition $17,000.00 APP D-20. Idexx Distribution $240.35 APP D-21. Lardon Construction Corp. $1318.20 APP D-22. Marlin Leasing $456.00 APP D-23. Metro Environmental $18,438.00 APP D-24. O’Connell Electric $8046.87 APP D-25. P&A Group $36,809.00 APP D-26. Personal Computers Inc. $1867.50 APP D-27. Personal Computers Inc. $3765.00 APP D-28. Verizon $92.29 APP D-29. Xerographic Solutions $1242.00 APP D-30. Xerographic Solutions $1050.00 APP CIVIL SERVICE th 57- 1. Com 9 Nov 30 Appoint Associate Account Clerk(Perm)(5 Step)(Jacobs) APP 58- 2. Com 19 Nov 30 Notices of Appointments-Temp/Prov/Perm(Cty Clk) R&F FINANCE nd 59- 3. Com 1 Nov 30 Agmt-Musicians United for Superior Ed. Inc. for Use 2 Floor Utility/Pool Bldg Shoshone Park(Strat Plan) APP 60- 4. Com 2 Nov 30 Renew Lease Agmt COB & University Heights Comm Dev for Use of 3242 Main St (Strat Plan) APP 61- 5. Com 6 Nov 30 Report of Bid-Michigan Ave Water Main Investigation(PW) APP 62- 6. Com 7 Nov 30 Request for Approval for Citywide Tree Mngt & Planning Agmt Btwn COB and Wendel Duschscherer Arch & Eng(PW) APP COMMUNITY DEVELOPMENT 63- 7. Com 3 Nov 30 Report of Sale 388 Winslow(Masten)(Strat Plan) RECOMMIT 64- 8. No 58 June 22 PUSH-Info Green Development Zone-Mass Ave Park R&F 65- 9. No 59 June 22 PUSH-Update-Community Plan for the Mass Ave Neighborhood Park R&F 66- 10. Com 7 June 8 Response 181 & 207 Stanton St. #62, CCP 5/11/2010 (Fill)(Strat Plan) R&F stndrd 67- 11. Res114 July 21 New Operation Model for BURA and BERC(except 1, 2 & 3 Res) R&F LEGISLATION 68- 12. No 27 Nov 30 R. Cierniak, Agent, Rezoning M2 and M1 to R3, 127 Clayton & 2030 Elmwood 55 Unit Senior Apt Fac(North)(Pub hrg 12/14) RECOMMIT 69- 13. Com 14 Nov 30 Pawnbroker(New)-1831 South Park(South)(EDPI) APP W/COND 70- 14. No 24 Nov 30 A. Schineller-Appeal Preservation Bd Decision Regarding 888 Main St R&F 71- 15. No 36 Nov 30 D. Land, Agent, Use 2616 Main Street for an Outdoor Patio (Del)(pub hrg 11/23)(#43, 11/16) APP W/COND 72- 16. No 39 Nov 30 Food Store License (New)-1358 Broadway(Fill)(EDPI)(#27,11/3) RECOMMIT CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO TUESDAY, DECEMBER 14, 2010 AT 2:00 P.M. Present – David A. Franczyk, President of the Council, and Councilmembers: Fontana, Golombek Jr, Haynes Jr, Kearns, LoCurto, Rivera, Russell , Smith –9 Absent –- 0 On a motion by Mr. Fontana, Seconded by Mr. Rivera, the minutes of the stated meeting held on November 30, 2010 were approved. FROM THE MAYOR NO. 1 CONSTRUCTION AND HOME IMPROVEMENT ADVISORY BOARD Pursuant to Chapter 144-6 of the Charter of the City of Buffalo, I hereby appoint the following individuals to serve on the Construction and Home Improvement Advisory Board for 3 year terms, commencing immediately and expiring on November 30, 2013. Appointments: th Michael R. Brundige, 26 18Street, Buffalo, New York, 14213 Mr. Brundige, President of MRBS Inc., is a licensed general contractor and demolition contractor in the City of Buffalo. He also serves as the Green Jobs Coordinator for the Buffalo Urban League. Reappointments: Paul Leone, 86 McKenzie Court, Cheektowag~, New York, 14227 Jim Moscato, B&L Wholesale, 1 Bud Mil Drive, Buffalo, New York, 14206 Oscar Hernandez, Alladin Development, 381 Niagara Street, Buffalo, New York, 14201 Bob Krieger, 81 Rebecca Park, Buffalo, New York, 14207 Vince Ferraraccio, 257 Ludington, Buffalo, New York, 14206 Commissioner Jim Comerford, Permit and Inspection Services has designated Pat Sole, Director of Permit & Inspection Services and Richard Fulinara, Office of Licenses to serve as his representatives on the board. I hereby certify that the above named individuals are fully qualified to serve as members of the Construction and Home Improvement Advisory Board. Mr. Fontana moved: That the above communication from the Mayor dated December 8, 2010, be received and filed; and That the appointments to the Construction and Home Improvement Advisory Board for 3 year terms, commencing immediately and expiring on November 30, 2013 of Michael R. Brundige and reappointments of Paul Leone, Jim Moscato, Oscar Hemandez, Bob Krieger and Vinee Ferraraccio are hereby approved on the condition that they do not owe any outstanding liens to the City of Buffalo. ADOPTED NO. 2 ELEVATOR SAFETY BOARD Pursuant to § 167-3 of the City of Buffalo Charter, I hereby appoint the following individuals to serve on the Elevator Safety Board for 3 year terms, commencing immediately and expiring on November 30, 2013. Appointments: Frank Marks, Otis Elevator Co., 354 Sonwil Drive, Buffalo, New York, 14225 Mr. Marks will serve as the board's representative from an elevator manufacturing and/or service company or its authorized distributor. Brenda Calhoun, President, Calhoun Insurance, 361 Delaware Avenue, Buffalo, New York, 14202 Ms. Calhoun will serve as the board's representative from an insurance company. Mary Battey, McGuire Development, 560 Delaware Avenue, Suite 300, Buffalo, New York, 14202 Ms. Battey will serve as the board's representative from the Building Owners and Managers Association (BOMA). Randall J. Pawlik, President, Bison Elevator Service, Inc., 295 Main St., Buffalo, New York, 14203 Mr. Pawlik will serve as the board's representative from a service company. Donald M. Winkle, Jr., 43 Manor Oak Drive, Buffalo, New York, 14228 Mr. Winkle will serve as the board's representative from labor with involvement in the installation, maintenance and repair of elevators. John Lydon, Left Coast Design Studio Assoc., 5470 Broadway, Lancaster, New York, 14086• Mr. Lydon will serve as the board's representative from the architectural design profession. Ex-Officios: Commissioner Jim Comerford, Department of Permit and Inspection Services or his representative, Joe Schiavone. Commissioner Steve Stepniak, Department of Public Works, Parks and Streets. Commissioner Garnell Whitfield, Buffalo Fire Department or his representative, Mark Morgante. I hereby certify that the above named individuals are fully qualified to serve as members of the Elevator Safety Board. Mr. Fontana moved: That the above communication from the Mayor dated December 8, 2010, be received and filed; and That the appointments to the Elevator Safety Board for 3 year terms, commencing immediately and expiring on November 30, 2013 of Frank Marks, Brenda Calhoun, Mary Battey, Randall J. Pawlik, Donald M. Winkle and John Lydon are hereby approved on the condition that they do not owe any outstanding liens to the City of Buffalo. ADOPTED NO. 3 REQ INFO FROM COMM STEPNIAK REGARDING CCP# 104, 11/16/10 Dear Commissioner Stepniak: Enclosed please find a resolution recently adopted by the Common Council. Kindly provide my office with the requested information at your earliest opportunity so it can be provided to all interested parties. Thank you for your assistance with this matter. Sincerely, Byron Brown, Mayor RECEIVED AND FILED FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE DIVISION OF CITIZEN SERVICES NO. 4 SUBMISSION OF MONTHLY REPORT- NOVEMBER 2010 The Office of Mayor, Division of Citizen Services, hereby submits, for your Honorable Body's review and approval, the monthly reports for the Mayor's Call and Resolution Center for the month of November 2010, as mandated by Section 6-20(c) of the City of Buffalo's City Charter. This monthly statistical report details the number and nature of inquiries, requests and complaints received. RECEIVED AND FILED FROM THE CITY PLANNING BOARD NO. 5 SEQRA NOTICE OF DETERMINATION NON SIGNIFICANCE NEGATIVE DECLARATION 2724 BAILEY AVE(UNIV) Negative Declaration This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (SEQR - State Environmental Quality Review) of the Environmental Conservation Law. Lead Agency City of Buffalo Planning Board Room 901, City Hail 65 Niagara Square Buffalo New York 14202 As per the provisions of SEQR, the Lead Agency has reviewed the following action as it relates to the environment: Action Title Farm Fresh Market Building Addition Location: 2724 Bailey Avenue Type of Action: Unlisted- Uncoordinated Description: David Carr Consulting Engineer on behalf of Farm Fresh Food Market is proposing a building addition located at 2724 Bailey Avenue, Buffalo New York. The proposed project consists of a 2,155 SF addition to the existing 4,432 SF masonry store on the corner of Decker Street and Bailey Avenue. The addition will be constructed to the north side of the building on an existing paved parking lot. It will be wood frame construction (2'76") and the front elevation will be drivit while the side and rear will be clad in hardi plank siding. The roof will be trusses with architectural asphalt shingles. Additional shrubbery will be planted along the front of the addition with the parking lot stripped with proper size parking spaces. The project will be funded privately. As a result of this Environmental Review, the Lead Agency has determined the undertaking of this action will not have a significant adverse affect on the quality of the environment. No further environmental review of this action will be conducted prior to project implementation and a Draft Environmental Impact Statement will not be prepared. Reasons Supporting This Determination: The facts and reasons for this decision are as follows: this project will allow Farm fresh Market to remain profitable, as well as providing a better facility/shopping experience for their customers. The new landscaping will add to the surrounding community's aesthetics. The identified potential negative impacts appear to be primarily short-term site preparation and construction related activities, and do not appear to be significant in magnitude or effect. There are no actions, which will have a significant adverse impact on the environment. For: further information relative to this Negative Declaration, contact Mr. Martin Grunzweig, Land Use Controls Coordinator, Room 901 City Hall, Buffalo New York 14202 - 716 851-5085 RECEIVED AND FILED NO. 6 SEQRA NOTICE OF DETERMINATION NON SIGNIFICANCE NEGATIVE DECLARATION 3364 BAILEY(UNIV) THIS NOTICE IS ISSUED PURSUANT TO PART 617 OF THE IMPLEMENTING REGULATIONS PERTAINING TO ARTICLE 8 (SEQR- BTATE ENVIRONMENTAL QUALITY Review) of the Environmental Conservation Law, City of Buffalo Planning Board Room 901, City Hall 65 Niagara Square Buffalo New York 14202 As per the provisions of SEQR, the Lead Agency has reviewed the following action as it relates to the environment: Action Title Family Dollar Location: 3364 Bailey Avenue Type of Action: Unlisted- Uncoordinated Description: 1238 Group LLC. is proposing tile construction of a Family Dollar store on the property located at 3364 Bailey Avenue, Buffalo New York, The project consists of the construction of a 910O sq ff retail store with 23 parking spaces including two handicap spaces. New landscaping, screening along with a new fence will be installed on the site, The new fence will also screen the dumpster located in back of the store from public view. Building materials will include hood pack lighting, architectural split faced block, a smooth faced accent block and a canopy system. The project will be privately funded in the amount of 100,0g0 dollars, As a result of this Environmental Review, the Lead Agency has determined the undertaking of this action will not have a significant adverse affect on the quality of the environment. No further environmental review of this action will be conducted prior to project implementation and a Draft Environmental Impact Statement will not be prepared. Reasons Supporting This Determination:-The facts and reasons for this decision are as follows: this project will clean up a vacant I01 that is not always maintained and create a retail store that will be conveniently located for community residents and Visitors to the area, The identified potential negative impacts appear to be primarily short-term site preparation and construction relatad activities, and do not appear to be significant in magnitude or effect. There are no actions, which will have a significant adverse impact on the environment. For further information relative to this Negative Declaration, contact Mr, Martin Grunzweig, Land Use Controls Coordinator, Room 901 City Hall, Buffalo New York 14202 - 716 851-5085 RECEIVED AND FILED NO. 7 SEQRA NOTICE OF DETERMINATION NON SIGNIFICANCE NEGATIVE DECLARATION 437 BROADWAY AVE(ELL) This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (SEQR - State Environmental Quality Review) of the Environmental Conservation Law. Lead Agency City of Buffalo Planning Board Room 901, City Hall 65 Niagara Square Buffalo New York 14202 As per the provisions of SEQR, the Lead Agency has reviewed the following action as it relates to the environment: Action Title Synergy Location 437 Broadway Avenue Type of Action: Unlisted- Coordinated Description: SilvestrL Architects on behalf of the Jeremiah Partners is proposing the rehabilitation of the building located at 437 Broadway, Buffalo New York. The proposed project consists of the construction and renovation of the existing exterior facade, The project will also include the interior build out of retail and dell space on the first floor, The second and third floors will include office space. A new elevator will also be installed. The building is the former home of the original Laux Sporting Goods Store. The building is eligible for listing on the National Register of Historic Places. The proposed work was reviewed under Section 14.09 of the New York State Historic Preservation Act for Restore New York III As a result of that review it was found that the project does meet the Secretary of Interior Standards. The project will be funded in the amount of 956,000 dollars. As a result of this Environmental Review, the Lead Agency has determined the undertaking of this action will not have a significant adverse affect on the quality of the environment. No further environmental review of this action will be conducted prior to project implementation and a Draft Environmental Impact Statement will not be prepared. Reasons Supporting This Determination: The facts and reasons for this decision are as follows: this project will take a neglected vacant building that is not maintained, bringing in a new retail store and deli that will provide neighborhood residents and visitors to the area a convenient place to make purchases, The identified potential negative impacts appear to be primarily short-term site preparation and construction related activities, and do not appear to be significant in magnitude or effect, There are no actions, which will have a significant adverse impact on the environment. For further information relative to this Negative Declaration, contact Mr. Martin Grunzweig, Land Use Controls Coordinator, Room 901 City Hall, Buffalo New York 14202 - 716 851-5085 RECEIVED AND FILED NO. 8 SEQRA NOTICE OF DETERMINATION NON SIGNIFICANCE NEGATIVE DECLARATION 257 HOPKINS ST(SOUTH) This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (SEQR - State Environmental Quality Review) of the Environmental Conservation Law. Lead Agency: City of Buffalo Planning Board Room 901, City Hall 65 Niagara Square Buffalo New York 14202 As per the provisions of SEQR, the Lead Agency has reviewed the following action as it relates to the environment: Action Title New Apartment Building for the Disabled Location: 257 Hopkins Street Type of Action: Unlisted- Uncoordinated Description: William L, Long Associates Architects on behalf of Community Services Inc. is proposing the construction of a new apartment building located at 257 Hopkins Street, Buffalo New York. The project is for eight (8) one bedroom apartments for people with disabilities. The eight apartments are 540 sf each as per Housing and Urban Development requirements. The apartments will have a living/dining area, a single bedroom, bathroom and a storage closet. There will be a central community room that will be used by the tenants for group activities. A laundry area with washers and dryers will be provided for tenants use. A central storage area and staff office will be also located in the facility. The building will be constructed of a concrete slab on grade, wood frame with pre engineered wood trusses. A total square footage is 6,655 sfi The exterior walls will consists of a three foot high brick wainscot with vinyl simulated shake shingles above the brick. The roof will be designer series asphalt shingles and all trim will be covered with aluminum and windows will be wood clad vinyl There will be parking for eight cars screened by a small been and evergreen treas. The remaining area will be planted with lawn, bushes and trees. A small concrete patio will be installed in the rear for use by the tenants as well as a front porch on Hopkins Street. The Department of Housing and Urban Development (HUD) has conducted their own review of this project and have approved the building of this facility. A Phase I has been completed. The project will be funded with a grant from HUD. As a result of this Environmental Review, the Lead Agency has determined the undertaking of this action will not have a significant adverse affect on the quality of the environment. No further environmental review of this action will be conducted prior to project implementation and a Draft Environmental impact Statement will not be prepared, Reasons Supporting This Determination: The facts and reasons for this decision ere as follows: this project will allow for a facility that will house disabled individuals, as well as provide a new building to a property that has been vacant for many years. The new landscaping will add to the surrounding community's aesthetics. The identified potential negative impacts appear to be primarily short-term site preparation and construction related activities, and do not appear to be significant in magnitude or effect. There are no actions, which will have a significant adverse impact on the environment. For further information relative to this Negative Declaration, contact Mr, Martin Grunzweig, Land Use Controls Coordina~tor, Room 901 City Hall, Buffalo New York 14202 - 716 851-5085 RECEIVED AND FILED NO. 9 SEQRA NOTICE OF DETERMINATION NON SIGNIFICANCE NEGATIVE DECLARATION 1055 GENESEE ST (FILL) This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (SEQR - State Environmental Quality Review) of the Environmental Conservation Law. Lead Agency: City of Buffalo Planning Board Room 901, City Hall 65 Niagara Square Buffalo New York 14202 As per the provisions of SEQR, the Lead Agency has reviewed the following action as it relates to the environment: Action Title Dollar General Location: 1055 Genesee Street Type of Action: Unlisted- Coordinated Description: Creative Structures Service is proposing the construction of a Dollar General Store located at 1055 Geneses Street, Buffalo New York. The proposed project consists of the construction of a one story single structure with exterior split block. There is an existing pylon sign that will be utilized for the Dollar General logo and will not be digitally lit. The former NOCO Fuel Station has been vacant for several years. A small additional parcel adjacent to this site will be combined with the overall parcel to allow for a larger 10,640 SF retail store. The new store will be leased to Dollar General. A New York State Department of Environmental Conservation (DEC) Certificate of Completion for the Brownfield's Clean up of the city demonstrates that the site is now environmentally sound free of environmental concerns. The City of Buffalo Zoning Board of Appeals has granted a variance to allow for the construction of the proposed store, the project will he funded privately with a budget of 1,0OO,00O million dollars. Construction is anticipated to begin by early April 2011 and be complete by November 2011. As a result of this Environmental Review, the Lead Agency has determined the undertaking of this action will not have a significant adverse affect on the quality of the environment, No further environmental review of this action will be conducted prior to project implementation and a Draft Environmental impact Statement will not be prepared. Reasons Supporting This Determination: The facts and reasons for this decision are as follows: this project will allow neighborhood residents a convenient place to shop as well as remove an area eyesore that has been neglected for many years. The identified potential negative impacts appear to be primarily short-term site preparation and construction related activities, and do not appear to be significant in magnitude or effect. There are no actions, which will have a significant adverse impact on the environment. For further information relative to this Negative Declaration, contact Mr. Martin Grunzweig, Land Use Controls Coordinator, Room 90t City Hall, Buffalo New York 14202 - 716 851-5085 RECEIVED AND FILED FROM THE OFFICE OF STRATEGIC PLANNING NO. 10 REPORT OF SALE 228 BAYNES, 93' S DELAVAN LOT SIZE: 31' X 99' ASSESSED VALUATION: $4,000.00 (NIAGARA DISTRICT) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Gregory J. Giardina, 272 Baynes Street, Buffalo, New York 14213 to purchase 228 Baynes. Mr. Giardina owns a one family house at 232 Baynes, which is adjacent to 228 Baynes. He intends to use the vacant lot for additional green space for his tenants. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. The Division of Real Estate has investigated the sale of similar lots in the subject area. Sales range from Ninety Five Cents ($.95) to One Dollar and Fifty Cents ($1.50), per square foot. 'Mr. Giardina has agreed and is prepared to pay Three Thousand One Hundred Dollars ($3,100.00), One Dollar ($1.00) per square foot for the subject property. He has also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 228 Baynes to Mr. Gregory Giardina in the amount of Three Thousand One Hundred Dollars ($3,100.00). I am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. Mr. Fontana moved: That the above communication from the Office of Strategic Planning dated December 6, 20t0, be received and filed; and That the offer from Gregory J. Giardina, residing at 272 Baynes Street, in the sum of Three Thousand and One Hundred Dollars ($3,100.00) for the purchase of 228 Baynes, be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES - 9 NOES - 0 NO. 11 REPORT OF SALE 237 HERKIMER, 220.50' N AUBURN LOT SIZE: 30' X 120' ASSESSED VALUATION: $4,400.00 (NIAGARA DISTRICT) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Thomas J. Kelley of T.K. Oxford LLC, 230 East Treehaven Road, Buffalo, New York 14215 to purchase 237 Herkimer Street. T.K. Oxford LLC owns a one family house at 239 Herkimer, which is adjacent to 237 Herkimer. The vacant lot will be used for additional green space for their tenants. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. The Division of Real Estate has investigated the sale of similar lots in the subject area. Sales range from Seventy Five Cents ($.75) to One Dollar and Twenty Five Cents ($1.25), per square foot. Mr. Kelley of T.K. Oxford LLC has agreed and is prepared to pay Two Thousand Five Hundred Dollars ($2,500.00), Seventy Five Cents ($,75) per square foot for the subject property. He has also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 237 Herkimer to Mr. Thomas J. Kelley of T.K. Oxford LLC in the amount of Two Thousand Five Hundred Dollars ($2,500.00). I am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. Mr. Fontana moved: That the above communication from the Office of Strategic Planning dated December 6, 2010, be received and filed; and That the offer from Thomas J. Kelley of T.K. Oxford LLC, 230 East Treehaven Road, in the sum of Two Thousand and Five Hundred Dollars ($2,500.00) for the purchase of 237 Herkimer, 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. 12 REPORT OF SALE 200 SWEET, 307.53' N BROADWAY LOT SIZE: 30' X 94' ASSESSED VALUATION: $1,500.00 (FILLMORE DISTRICT) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Saleem Yousuf of HIFZA Corporation, 924 Sycamore Street, Buffalo, New York 14212 to purchase 200 Sweet. HIFZA Corporation owns a two family house at 204 Sweet, which is adjacent to 200 Sweet. The vacant lot will be used for additional green space for their tenants. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. The Division of Real Estate has investigated the sale of similar lots in the subject area. Sales range from Thirty Cents ($.30) to Sixty Cents ($.60), per square foot. Mr. Yousuf of HIFZA Corporation has agreed and is prepared to pay One Thousand Seven Hundred Dollars ($1,700.00), Sixty Cents ($.60) per square foot for the subject property. He has also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 200 Sweet to Mr. Saleem Yousuf of HIFZA Corporation in the amount of One Thousand Seven Hundred Dollars ($1,700.00). 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 December 6, 2010, be received and filed; and That the offer from Saleem Yousuf of HIFZA Corporation, 924 Sycamore Street, in the sum of One Thousand and Seven Hundred Dollars ($1,700.00) for the purchase of 200 Sweet, 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. 13 RESCIND SALE & FORFEIT DEPOSIT 1418 & 1422 BAILEY MR. EDWARD JANOWSKI (LOV DISTRICT) ITEM #8, C.C.P. 2/3/09 In the above referenced item Your Honorable Body approved the sale of 1418 and 1422 Bailey to Mr. Edward Janowski owner of Custom Sheet Metal, 303 Central Avenue, Buffalo, New York 14206. Several notices have been mailed to Mr. Janowski to finalize the sale and close on the transfer of title. Final notice was sent on October 25, 2010 advising Mr. Janowski that failure to respond would result in rescinding the sale, forfeit the Six Hundred Dollar ($600.00) deposit and return the property to our inventory for future sale. On November 19, 2010 Mr. Janowski informed this office that he had sold his business and was no longer interested in the purchase of the City owned lots located at 1418 and 1422 Bailey. Therefore, I am recommending that Your Honorable Body approve rescinding the sale of 1418 and 1422 Bailey to Mr. Edward Janowski, the deposit be forfeited and the property be returned to our inventory for future sale. Mr. Fontana moved: That the communication from the Office of Strategic Planning, dated December 2, 2010, be received and filed; and That the Executive Director of Strategic Planning be, and he hereby is authorized to rescind the sales of 1418 & 1422 Bailey, and the bidder Edward Janowsld, owner of Custom Sheet Metal, 303 Central Avenue forfeits his deposits in the mount of Six Hundred Dollars ($600.00) and to return the properties to inventory for future sale. PASSED AYES - 9 NOES - 0 FROM THE COMPTROLLER NO. 14 CERTIFICATE OF NECESSITY TRANSFER OF FUNDS GENERAL FUND 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 $300,000 be transferred and reappropriated from the General Fund - NYSPFRS to the Bureau of Forestry, as set forth below: From: General Fund 17303002-423002 – NYSPFRS $300,000 To: Forestry 14570006 - 480000 - Other Services $300,000 (Tree trimming & Removal) Dated: Buffalo, NY, November 9, 2010 RECEIVED AND FILED NO. 15 CERTIFICATE OF APPOINTMENT Appointment Effective December 16, 2010 in the Department of Audit and Control, Division of Accounting to the Position of Junior Data Control Clerk, Permanent Appointment at the intermediate Salary of $33,457.00 David E. Harding, 169 Garner Avenue, Buffalo, NY 14213 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO. 16 BUS SHELTER WITHIN CITY RIGHT-OF-WAY, @ SENECA AND EMSLIE ST.'S Mr, Christopher J. Cronin, Traffic Data Administrator for the Niagara Frontier Transportation Authority (NFTA), has requested permission to install a bus shelter within City right-of-way. The proposed location is: Seneca St., northeast comer Emslie St. The Department of Public Works, Parks and Streets has reviewed the NFTA's request pursuant to Chapter 413-67 (Encroachment Regulations) of the City Charter and has no objection to Your Honorable Body authorizing the Commissioner of Public Works, Parks and Streets to issue a "Mere License" for said installation provided the following conditions are met: 1. That the applicant obtain any and all other City of Buffalo permits necessary for said installation. 2. That the bus shelters be installed exactly as shown on plans submitted to and approved by the Department of Public Works, Parks and Streets. 3. That the applicant be responsible for maintaining the bus shelter as long as it remains within City right-of-way. 4. That the applicant supply the City of Buffalo with a five thousand dollar construction in street bond or certificate of insurance which will indemnify and save harmless the City of Buffalo against any and all loss and damage arising out of the construction, maintenance, use and removal of said bus shelters. Mr. Fontana moved: That the above communication from the Department of Public Works, Parks and Streets dated December 7, 2010 be received and filed; and That the Commissioner of Public Works, Parks and Street be, and he hereby is authorized to issue a "mere license" to Mr. Christopher J. Cronin, Traffic Data Administrator as agent for the Niagara Frontier Transportation Authority, applicant, to install a bus shelter located at Seneca Street northeast comer Emslie Street which would encroach city right-of-way at said address, subject to the conditions as listed above. PASSED AYES - 9 NOES - 0 NO. 17 CHANGE IN CONTRACT BAILEY KENSINGTON FIRE STATION TRAFFIC SIGNAL & CONTROLS JOB #1004 UNIVERSITY DISTRICT I hereby submit to Your Honorable Body the following change for the Bailey Kensington Fire Station, Traffic Signal & Controls, South Buffalo Electric, inc., C #93000589. 1. Credit for trench work Deduct $7,000.00 The foregoing change results in a net decrease in the contract of Seven Thousand and 00/100 Dollars (-$7,000.00). Summary Original Contract Amount $69,954.70 Amount of Change Order (#1) Deduct $ 7,000.00 Revised Contract Amount $69,954.70 Costs have been reviewed by the consulting architect (Stieglitz Snyder) and the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are to be credited to 30064806 445100 - Buildings. Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated December 7, 2010, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue change order No. 1, to South Buffalo Electric, Inc., a decrease in the amount of $7,000.00, as more fully described in the above communication, for work relating to Job # 1004, Bailey Kensington Fire Station, Traffic Signal & Controls, C #93000589. Funds for this project are to be credited to 30064806 445100 - Buildings. PASSED AYES - 9 NOES - 0 NO. 18 CHANGE IN CONTRACT CONTRACT #93000538, J.W. DANFORTH CO., INC. LARGE METER REPLACEMENT PROJECT I respectfully certify that this change order is fair and equitable for the large meter replacement Project. A total cost of $86,890.50 to install an additional ten (10) large meters for selected sites prioritized to immediately address facilities at high volume/revenue locations. The cost increase is established by the original contract unit bid prices for installation of the various sized large meters. The following change order will be required to complete the contract work and costs are summarized below Original contract amount $289,635.00 This Change Order(CO 1) $ 86,890.50 Revised Contract Amount $376,525.50 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 J.W. Danforth Co., Inc. for $ 86,890.50. The funds will be available in Division of Water account (s) 53180666 445100, 53220776 445100. Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated December 7, 2010, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue change order No, 1, to LW. Danforth Co., Inc., an increase in the amount of $86,890.50, as more fully described in the above communication, for work relating to Large Meter Replacement Project, C #93000538. Funds for this project are available in Division of Water account(s) 53180666 445100, 53220776 445100. PASSED AYES - 9 NOES - 0 NO. 19 68 SOUTH ELMWOOD (FBI BUILDING); CONCRETE BOLLARDS WITHIN CITY RIGHT-OF-WAY Mr. Cory L. Stewart, Project Manager for Ellicott Development Company, has requested permission to install concrete bollards within City right of way at 68 South Elmwood Avenue (FBI Building). The bollards are round in shape, 3 ½ feet tail, with an approximately 3 foot square base. The bollards weigh approximately 3,000 lbs. and number approximately I00. They are being installed as a FBI security requirement. The Department of Public Works, Parks and Streets has reviewed this request pursuant to Chapter 413-67 (Encroachment Regulations) of the City Charter and has no objection to Your Honorable Body authorizing the Commissioner of Public Works, Parks and Streets to issue a "Mere License" for said installation provided the following conditions are met: 1. That the applicant place the bollards in exact locations approved by the Division of Engineering. 2. That the applicant provide access to any and all existing utilities aider installation. 3. That the applicant be responsible for maintenance of said bollards, including ice and snow removal, as long as they remain within City right-of-way. 4. That, in the event the Commissioner of Public Works, Parks and Street determines the encroachment must cease as a result of factors effecting the health, safety and welfare of the public, or needs of the City, said Commissioner may order the immediate removal of the encroachment as described in Chapter 413-67 (F) of the City Charter. That the applicant supply the Department of Public Works, Parks and Streets with a certificate of insurance, in an amount deemed sufficient by the Corporation Counsel, which will indemnify and save harmless the City of Buffalo against any and all loss or damage arising out of the construction, maintenance, use or removal of said bollards within City right of way. Mr. Fontana moved: That the above communication from the Department of Public Works, Parks and Streets dated December 7, 2010 be received and filed; and That the Commissioner of Public Works, Parks and Street be, and he hereby is authorized to issue a "mere license" to Mr. Cory L. Stewart, Project Manager for Ellicott Development Company, applicant, located at 68 South Elmwood, to install concrete bollards that are round in shape 3 ½ feet tall, with an approximately 3 foot square base which would encroach city right-of-way at said address, subject to the conditions as listed above. PASSED AYES - 9 NOES - 0 NO. 20 REPORT OF BIDS MLK, JR. PARK HUMBOLDT BASIN SPLASH PAD EQUIPMENT JOB #1025 MASTEN DISTRICT ITEM NO. 25, CCP 06/22/10 I advertised for on May 19, 2010, and received the following formal sealed bids for the MLK Jr. Park, Humboldt Basin, Splash Pad Equipment, which were publicly opened and read on June 11, 2010. Bill Simione & Associates, Inc. $249,999.00 5 Krey Blvd., Rensselaer, NY Titan Development $339,950.00 8534 Seaman, Gasport, NY Vortex $497,340.00 328 Avro Pree, Pointe-Claire, QC Aqautic Recreation $634,000.00 6500 Carlson Dr., Eden Prairie, MN Bill Simione & Associates, Inc. was awarded the contract on 07/06/10. On 12/03/10 the City of Buffalo's Law Department and the Department of Public Works, Parks & Streets rejected Bill Simione & Associates' bid due to non-compliance of insurance requirements (see attached letter). Therefore, we are submitting the bid from Titan Development for approval as the lowest responsible bidder. I hereby certify that the foregoing is a true and correct statement of all bids received and that Titan Development, with a bid of $339,950.00 + 10% increase for $33,995.00, for a total contract amount of Three Hundred Seventy Three Thousand Nine Hundred Forty Five and 00/100 ($373,945.00), is the lowest responsible bidder in accordance with the plans and specifications. Funding for this project is available in 32400406 445100 - Buildings. Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated December 8, 2010, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to award a contract for the MLK Jr. Park, Humboldt Basin, Splash Pad Equipment, to Titan Development, the lowest responsible bidder, in the amount of $339,950.00 + 10% increase for $33,995.00 for a total amount of $373,945.00. Funds for the project are available in 32400406 445100 - Buildings. PASSED AYES - 9 NOES - 0 NO. 21 REPORT OF BIDS FOR WATER DISTRIBUTION SYSTEM IMPROVEMENTS VARIOUS LOCATIONS #1-PHASE 2- NORTH BUFFALO ~, This is to advise your Honorable Body that I have advertised for and received bids on Monday August 92010 for Water Distribution System Improvements -Various Locations #1 - Phase2 - North Buffalo. Total base bid is reported. The following bids were received: I-Visone Construction Inc. $1,534,215.00 79 Sheldon Ave. Depew, N.Y. 14043 2-Yarussi Construction Inc. $1,723,375.00 5650 Simmons Road, Niagara Falls, N.Y. 14304 3-Kandey Company Inc. $1,777,777.00 19 Ransier Drive West Seneca, N.Y. 14224 Engineer estimate: $ 1,768,000.00 I hereby certify that the lowest responsible bidder is Visone Construction Inc. Also, I respectfully recommend that your Honorable Body authorize a contract award in the amount $ 1,534,215.00 (Base Bid) plus 10% Contingency of $ 153,421.50 for a Total Contract Amount of $ 1,687,636.50. The funds are available in a Division of Water account # 53220736 445100. Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated December 2, 2010, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to award a contract for Water Distribution System Improvements Various Locations #1 - Phase 2 - North Buffalo, to Visone Construction, Inc., the lowest responsible bidder, in the amount of $1,534,215.00 (Base Bid) plus 10% contingency of $153,421.50 for a total contract amount of $1,687,636.50. Funds for the project are available in Division of Water account #53220736 445100. PASSED AYES - 9 NOES - 0 NO. 22 REPORT OF BIDS REHABILITATION OF EQUIPMENT IN THE LLPS AT THE COL .WARD FILTRATION PLANT This is to advise your Honorable Body that I have advertised for and received bids on October 13, 2010 for Rehabilitation of Equipment in the LLPS at the Col. Ward Treatment Plant . Total base bid is reported as listed below. The following bids were received: 1.John W. Danforth Co. $3,711,060.00 300 Colvin Woods Parkway Tonawanda, N.Y. 14150 2. Hohl Industrial Services, Inc. $3,835,713.00 778 Riverview Blvd. Tonawanda, N.Y. 14150 3. Kandey Company, Inc. $ 4,154,098.00 19 Ransier Drive West Seneca, N.Y. 14224 $ 4,345,968.00 * Indicates corrected bid Engineer estimate: $ 3,750,000.00 I hereby certify that the lowest responsible bidder is John W. Danforth Co. Also, I respectfully recommend that your Honorable Body authorize a contract award in the amount $ 3,711,060.00 (Base Bid ). The funds are available in a Division of Water account(s) 53210726 445100, 53220746 445100. Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated December 2, 2010, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to award a contract for Rehabilitation of Equipment in the LLPS at the Col. Ward Filtration Plant, to John W. Danforth Co., the lowest responsible bidder, in the amount of $3,711,060.00 (Base Bid). Funds for the project are available in Division of Water account(s) 53210726 445100, 53220746 445100. PASSED AYES - 9 NOES - 0 NO. 23 CERTIFICATE OF APPOINTMENT Appointment Effective December 6, 2010 in the Department of Public Works, Division of Streets to the Position of Supervisor of Street Sanitation I, Permanent appointment at the Second Step of $37,826.00 Robert Devoe, 106 Columbus Ave, Buffalo, NY 14220 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT & INSPECTION SERVICES NO. 24 FOOD STORE (NEW) 117 COLVIN(DELAWARE) Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 117 Colvin (COLVIN MARKET EXPRESS LLC/FAWZI A. ALARSHI AND WALED A. MOHAMMED) and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collection Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Mr. Fontana moved: That the above communication from the Department of Permit and Inspection Services dated December 7, 2010, be received and filed; and That pursuant to Chapter 194 of the City Code, the Commissioner of Permit and Inspection Services be, and he hereby is authorized to grant a Food Store License to Fawzi A. Alarshi and Waled A. Mohammed d/b/a Colvin Market Express located at 117 Colvin. PASSED AYES - 9 NOES - 0 NO. 25 FOOD STORE (NEW) 912 EAST DELAVAN(MASTEN) Prior Council Reference: (If Any) Ext. (Item No. xxx, C.C.P. xx/xx/xx): Text (Type Single Space Below): Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 912 East Delavan (SAVE $ PLUS/MOHAMED OBEO ELWASEEM) 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 s/ff6mitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION. NO. 26 FOOD STORE (NEW) 389 GRIDER (MASTEN) 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 389 Grider (CITY MAX MARKET/NASER A. SALEH) and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collection Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 27 FOOD STORE (NEW) 309 HUDSON (ELL) 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 309 Hudson (GOLD STAR MINI MART/MUGALI HA YAFAY) and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collection Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 28 FOOD STORE (NEW) 2319 MAIN AKA 2317 MAIN (MASTEN) 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 2319 Main AKA 2317 Main (PEE-WEE'S VARIETY STORE/ROBERT BROWN) and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collection Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 29 SECOND HAND DEALER (NEW) 1675 SOUTH PARK (SOUTH) Pursuant to Chapter 254 of the City of Buffalo Ordinances please be advised that I have examined the attached application for a Second Hand Dealer License located at 1675 South Park and find that as to form is correct. I have caused an investigation into the premises for which said application for a second hand dealer license is being sought and according to-the attached reports from the Zoning Office, Fire Department and Building Inspections. I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of Ronald Talboys. The attached thereto for Ronald Talboys d/b/a/Habitat for Humanity Buffalo Restore South. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 30 SECOND HAND DEALER 442 WILLIAM(ELL) Pursuant to Chapter 254 of the City of Buffalo Ordinances please be advised that I have examined the attached application for a Second Hand Dealer License located at 442 William and find that as to form is correct. I have caused an investigation into the premises for which said application for a second hand dealer license is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspections. I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of David Compagnoni. The attached thereto for David Compagnoni d/b/a/Garnestar Inc. This request is submitted for your approval or whatever action you deem appropriate. Mr. Fontana moved: That the above communication from the Department of Economic Development Permit and Inspection Services dated December 6, 2010, be received and filed; and That pursuant to Chapter 254 of the City Code, the Commissioner of Economic Development Permit and Inspection Services be, and he hereby is authorized to grant a Second Hand Dealer License to David Compagnoni d/b/a Gamestar Inc. located at 442 William PASSED AYES - 9 NOES - 0 NO. 31 USED CAR DEALER 2208 ELMWOOD AVE (NORTH) 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 2208 Elmwood Ave. 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 Ronald Schreiber. The attached thereto for Ronald Schreiber dba/E Z Loan Suto Sales LLC (display lot only). This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION FROM THE COMMISSIONER OF PARKING NO. 32 CERTIFICATE OF APPOINTMENT Appointment Effective December 6, 2010 in the Department of Parking, Division of parking Enforcement to the Position of Assistant Administrator of Parking, Provisional Appointment at the Maximum Salary of $61,315.00 Geraldine M. Kaczmarz, 47 seward St, Buffalo, NY 14206 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF HUMAN RESOURCES NO. 33 CERTIFICATE OF APPOINTMENT Appointment Effective December 1, 2010 in the Department of Human Resources, Division of Compensation and Benefits to the Position of Account Clerk Typist, Permanent. Open Competitive at the Intermediate Salary of $34,268.00 Ramona Lee, 155 Durham Ave, Buffalo, NY 14215 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 34 CERTIFICATE OF APPOINTMENT Appointment Effective December 1, 2010 in the Department of Human Resources, Division of Compensation and Benefits to the position of Compensation & Benefits Specialist, Permanent Appointment at the Maximum Salary of $46,507.00 Heather Machin, 14 Rosedale St, Buffalo, NY 14207 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE CIVIL SERVICE COMMISSION NO. 35 CONTRACT WITH TRAVERS-COLLINS –MARKETING COMMUNICATIONS FOR 2011 POLICE OFFICER EXAM Attached is a contract with Travers Collins and Company, the vendor selected through the RFP process to furnish a marketing campaign for recruitment of applicants for the 2011 entry-level Police Officer examination. The contract has a not to exceed amount of $85,000. Mr Fontana moved That the above communication from the commissioner of the Department of Human Resources dated December 9, 2010 is received and filed and the Commissioner is hereby authorized to execute the attached contract with Travers Collins upon the same material terms as therein included for an amount not to exceed $85,000 for the marketing/communications for the 2011 Police Officer Examination. PASSED AYES - 9 NOES - 0 FROM THE CITY CLERK NO. 36 LIQUOR LICENSE APPLICATIONS Attached hereto are communications from persons applying for liquor licenses from the Erie County Alcohol Beverage Control Board. Address Business Name Owner's Name 454 Pearl Street The Blue Buffalo ALSRHB Hospitality, LLC 2620 Main ST Avenue Grill Avenue Grill M&F LLC 245 Allen St Calumet Arts Cafe, Inc. 245 Allen Street LLC RECEIVED AND FILED NO. 37 LEAVES OF ABSENCE WITHOUT PAY I transmit herewith notifications received by me, reporting the granting of the leaves of absence without pay, in the various departments as listed: Mayor/Mayor Executive- x Administration, Finance & Urban Affairs- Sandra Battel RECEIVED AND FILED. NO. 38 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. 39 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 December 3, 2010 in the Department of Comptroller, Division of Audit to the position of Clerk, Seasonal at the rate of $11.87/hour Joeylynn Wysocki, 244 James Street, Buffalo, NY 14210 CERTIFICATE OF APPOINTMENT Appointment effective December 6, 2010 in the Department of Public Works, Division of Streets to the position of Laborer II, Seasonal at the flat rate of $11.87/hor Cecile Brown, 22 Rex Pl Upper, Buffalo, NY 14211 Nathan Hall, 592 Clinton St, Buffalo, NY 14210 CERTIFICATE OF APPOINTMENT Appointment effective December 8, 2010 in the Department of Public Works, Division of Streets to the position of Laborer II, Seasonal at the flat rate of $11.87/hor Kevin Fore, 167 W. Humboldt Pkwy, Buffalo, NY 14214 CERTIFICATE OF APPOINTMENT Appointment effective December 9, 2010 in the Department of Public Works, Division of Streets to the position of Laborer II, Seasonal at the flat rate of $11.87/hor Bernard Kelly, 434 Dearborn St, Buffalo, NY 14207 NO. 40 APPOINTMENTS - TEMPORARY, PROVISIONAL OR PERMANENT I transmit herewith Appointments in the various departments made at the Minimum (Temporary, Provisional or Permanent) (as per contract requirements). REFERRED TO THE COMMITTEE ON CIVIL SERVICE. CERTIFICATE OF APPOINTMENT Appointment effective December 1, 2010 in the Department of Administration and Finance, Policy and Urban Affairs, Division of Treasury & Collections to the position of Junior Collection Officer, Permanent, Open Competitive at the starting salary of $31,084.00 Sandra Battel, 64 Fuller St, Buffalo, NY 14207 CERTIFICATE OF APPOINTMENT Appointment effective December 1, 2010 in the Department of Administration and Finance, Policy and Urban Affairs, Division of Treasury & Collections to the position of Treasury Administrator, Permanent, Promotion at the starting salary of $44,857.00 Joelle Cash, 346 Villa Ave, Buffalo, NY 14216 CERTIFICATE OF APPOINTMENT Appointment effective November 29, 2010 in the Department of Public Works, Division of Parks to the position of Laborer II, Permanent at the minimum salary of $22,076.00 Michael Chapman, 52 Schule, Buffalo, NY 14215 Matthew Hurst, 38 Avery, Buffalo, NY 14216 CERTIFICATE OF APPOINTMENT Appointment effective December 6, 2010 in the Department of Public Works, Division of Streets to the position of Equipment Operator, Provisional promotion at the minimum salary of $23,169.00 Jeremy Harroun, 564 Dorrance Ave, Buffalo, NY 14218 Marvin Walker, 263 Highgate, Buffalo, NY 14215 CERTIFICATE OF APPOINTMENT Appointment effective November 29, 2010 in the Department of Public Works, Division of Parks to the position of Park Utility Worker, Temporary Appointment at the minimum salary of $23,169.00 Patrick Feeney, 146 Dorrance Ave, Buffalo, NY 14220 CERTIFICATE OF APPOINTMENT Appointment effective December 6, 2010 in the Department of Public Works, Division of Parks to the position of Park Utility Worker, Provisional Appointment at the minimum salary of $23,169.00 Anthony Parisi, 315 Sterling Avenue, Buffalo, NY 14216 Jason Saak, 27 Tioga St, Buffalo, NY 14216 Kevin Vance Jr, 1290 Delaware Ave 8g, Buffalo, NY 14209 NON-OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON-OFFICIAL COMMUNICATIONS NO. 41 B. BRAY-J. BURIN-NYSSCMA ENDORCES COUNCIL MANAGER FORM OF GOV’T FOR COB Dear Brian: Please thank the Common Council for inviting NYSCMA to comment on Item No.86 "Council Manager Form of Government for the City of Buffalo". The New York State City County Management Association is the New York State association of the International City County Management Association (ICMA) which has close to 9,000 members. NYSCMA strongly endorses Item No. 86. The Council Manager Form of government is the largest form of government in the United States and was created by a group of business executives at the turn of the century to combat the corruption and inefficiency of the New York City government, at that time. This small business association evolved to become the foremost, non partisan, advisor to local governments regarding their form of government, the National Civic League. The results of this reform movement is a profession of well educated (usually at the Master of Public Administration - local government specialization level) and experienced city, county, town and village managers who are experts in the management of local government services and the implementation of city (county, town and village) council policy. The profession also has a credentialing (professional development) program similar to attorneys and CPA's. to insure continual professional learning. We also are regulated by a most stringent code of ethicwhich is strictly enforced. s NYSCMA will be honored to assist the Common Council in any way the Council deems appropriate and helpful. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 42 B. BRAY-M PALESH- COUNCIL-MANAGER GOVERNMENTAL TASK FORCE Dear Mr. Bray: John J. Budn, President of the New York State City/County Management Association notified me of the desire of the Buffalo Common Council to form a Task Force to study the idea of a Council-Manager form of government for the City of Buffalo. I have spent a career as a City and County Manager for six municipalities in three states, and I applaud the Common Council for taking this action. As I am proud to call Buffalo my hometown, I would like to take this opportunity to offer my assistance in serving on the Task Force. Having served as City Manager for Niagara Falls, I have had ample opportunity to work on joint projects with Buffalo City Staff, and am aware of the problems that are endemic to this area. I have attached a copy of my resume for your perusal. Should you wish to meet at any time, please feel free to contact me. Thank you and good luck with this worthy endeavor. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 43 W. SKRETNY-NEW FEDERAL COURTHOUSE 2 NIAQARA SQUARE, BUFFALO, NY 14202 Dear Mr. Chwalinski: This is a request to assign to the new federal courthouse the mailing address of 2 Niagara Square, Buffalo, NY 14202. Presently, the new federal courthouse is located on the post office grid location for addresses with numbers 2 through 50. As such, our requested address is fully consistent with its location on the grid. Rest assured that the requested address of 2 Niagara Square is important. The new federal courthouse will be the destination for much important and highly confidential mail. Security of its mail must be a top priority. Best security practices require that mailing address confusion be at a minimum. In that regard, it is important that there be no identical mailing address on Niagara Street, Niagara Plaza, and/or Niagara Court. I have been advised by the United States Postal Service that there is no "2" address on Niagara Street, Niagara Plaza, or Niagara Court. It is the U.S. Postal Service's position that assigning this address exclusively to the new federal courthouse would be a best security practice. Your attention to accomplishing this end would be very much appreciated. If you have any questions or requests that we do anything additional, please phone me at 716-332-7820. REFERRED TO THE COMMITTEE ON LEGISLATION, THE DEPARTMENT OF POLICE, THE DEPARTMENT OF FIRE AND THE USPS NO. 44 MEMORANDUM LP CIMINELLI BOARD PACKET DOCUMENTS Program Packaging and Development Services (PPDS) Proyider Attached are the following documents from the Joint Schools Construction Board meeting scheduled on December 6, 2010: 1. Draft Agenda 2. Meeting Minutes from JSCB Meeting dated November 1, 2010 3. Fully Executed Phase Ili Application and Certificate for Payment No 43 - October 2010 4. Fully Executed Phase IV Application and Certificate for Payment No. 28 - October 2010 5. Phase III Application and Certificate for Payment No. 44 - November 2010 6. Phase IV Application and Certificate for Payment No. 29 - November 2010 7. Phase V Application and Certificate for Payment No. 12 -November 2010 8. Program Packaging and Development Services (PPDS) Provider Update 9. Bevlar & Associates Inc. Construction Contract Monitoring' and Compliance Services Monthly Report for Addendum 1 Phase IV Project - October 2010 10. Inclusion Development Associates, Inc. Construction Contract Compliance Monitoring Monthly Report for Phase IV- October 2010 Available for review in The City Clerk’s Office REFERRED TO THIE-SPECIAL COMMITTEE ON EDUCATION NO. 45 J GOLOMBEK- PROTECTION FROM NATURAL GAS EXTRACTION Dear Mr. Chwalinski: My office has received many calls since I filed a resolution calling for a ban on commercial extraction of natural gas within the City of Buffalo. On November 3, 2010, the Common Council unanimously went on record in support of such a ban. The Council also directed the Law Department to draft an ordinance protecting the city and its residents from natural gas extraction. Please file the attached ordinance which has been passed by the Pittsburgh Common Council. Also attached is an updated memorandum prepared by the Community Environmental Legal Defense Fund. Your assistance is greatly appreciated. Sincerely, Joseph Golombek, Jr. North District Councilmember REFERRED TO THE COMMITTEE ON LEGISLATION NO. 46 C. KALEVAR- IN REM 45 FORECLOSURE LIST TO BE FILED IN THE ERIE COUNTY CLERK OFFICE JANUARY 2011 Dear Hon Mayor Brown & Members of the council: I have owned the property at !36 Adams - an empty lot. I find it unreasonable for the City to charge for an empty lot -Water/Sewer fees and User fees! What for? There is no use of the land except to provide some fresh air to surrounding community. We should be given discount on the taxes - for not adding more pollution to the City's environment. I will be glad to discuss this with you at some length if you so desire. a letter a dated 22 Sept 2010, which has caused many difficulties. It does not identify the amount owing in that letter. It creates unnecessary work for your administration and unnecessary communications for your tax payer to find out how much is owed. 2. I phoned numerous times 716 851 5370 - the suggested number 'and found that no one answered or a message could be left. 3. So I sent a letter enquiring the same[ [Letter #1] 4. So finally I got the amount in a communication dated 1 November 2010 as to how much is owed? 5. Now I send another check for the amount [Letter #2] 6. Now I get another letter dated 12 November 2010 informing that: Payment must be made in cash, certified check, Money Order or Bank Draft, Absolutely no personal checks or attorney's checks will be accepted ..... : 7. Now I am sending a Money Order by mail. [Letter #3] I believe I could have dealt with the situation in one letter, if the notice of 22 September 2010 had included the amount owed and the above stated warning in italics. I hope you will find this useful to: 1. Reduce unnecessary administration costs and delay. ~ 2. Reduce nuisance to the property tax payers of the City of Buffalo. I will appreciate in the name of fair play that empty lots be not charged water/user/sewer fees. It will restore some sense of fair play and justice to the lot owners who do not use water/sewer for sure. I am not sure what compromises User fees - but I believe most of it does not apply to the lot owners. I hope you will take these reasonable requests into your generous considerations and act accordingly. Thanks ! REFERRED TO THE COMMITTEE ON LEGISLATION NO. 47 M. KEARNS-M. NOON-CONCERNS RE WORK PERFORMED AT THE OLD REPUBLIC STEEL SITE MEMORANDUM I would like to file the attached information for the next Common Council meeting to be held on December 14, 2010. Dear Mr. Mayor: ' This letter is follow up to your conversation with Paul Brownfrom The Buffalo Building Trades to make your office aware of the fact that work being performed on the old Republic Steel Site is being performed by non-license Crane operators. I am asking for your assistance in making sure that New York State Standards are held on this work site in the City of Buffalo. Your attention to this matter is of great urgency Sincerely, Norman J. Noon Business Representative Cc: Michael Kearns James Comerford Mark S. Schroeder REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT AND TO THE DEPARTMENT OF ECONOMIC DEVELOPMENT, PERMITS ANB INSPECTION5 NO. 48 M. KEARNS- SNOW REMOVAL COMPLAINTS MEMORANDUM Dear Mr. Chwalinski, Please file the attached information for the Common Council meeting scheduled for December 14, 2010. Thank you, Shortly after midnight this morning, December 3, 2010, a City of Buffalo front-end loader (hi-lift) arrived to clear Coolidge Road of the accumulated snow. Starting at McKinley Parkway, the machine proceeded down the south lane, towards Abbott Road. As the snow was scooped up in the bucket, it was dumped on to the front lawns and sidewalks of the residences. At Abbott Road, the operator turned into the north lane, and again, scooped up the snow end dumped it on the front lawns and sidewalks of those residence. The City of Buffalo is hereby given written notice that a great amount of damage was done including this operation, and liable for the following: * front lawns were damaged as the snow was dumped on them * driveway aprons were damaged, some with missing or broken concrete * a large amount of steel nose cap of the curbing was ripped out and/or left protruding outward that will cause bodily injury, or damage to vehicles It is requested that the city take immediate steps to eliminate the protrusions of the steel along, the curbing as soon as possible, and when the winter weather ends, repairs made to the damaged lawns and driveway aprons. Emails available for review in the City Clerk’s Office REFERRED TO THE COMMITTEE ON LEGISLATION, THE DEPARTMENT OF ECONOMIC DEVELOPMENT, PERMITS AND INSPECTIONS AND THE DEPARTMENT OF PUBLIC WORKS NO. 49 M. ROMANOWSKI- BUFFALO NIAGARA MEDICAL CAMPUS - NORTH END DEVELOPMENT DRAFT SUPPLEMENTAL ENVIRONMENTAL IMPACT STATEMENT AND NOTICE OF COMPLETION OF DRAFT ENVIRONMENTAL IMPACT STATEMENT Dear Gentlemen: Pursuant to 6 NYCRR 617.6, enclosed please find an electronic copy of the Draft Supplemental Environmental Impact Statement ("DSEIS") and the State Environmental Quality Review Act ("SEQRA") Notice of Completion of the Draft Environmental Impact Statement for the proposed Medical Office Building located at 1001 Main Street, between Goodrich and High Streets, City of Buffalo, County of Erie, State of New York. The public comment period extends from December 3, 2010 through January 7, 2011. A public hearing on the DSEIS will be held on December 2l, 2010 at 8:00 am in Room 901, City Hall, Buffalo, New York. Should you have any questions, please contact William Grillo, Principal Planner for the City of Buffalo, at (716) 851-5086. Very truly yours, RECEIVED AND FILED NO. 50 R. WALL-A SNYDER-NYSDEC RESPONSE TO NOXIOUS ODORS FROM 55 ROBERTS AVE Acting Commissioner Iwanowicz has asked this office to respond to your letter regarding offensive odors emanating from Engineering Composites Incorporated (ECI), located at 55 Roberts Avenue, Buffalo, New York. The Department Division of Air staff has responded to complaints of noxious odors from residents in the vicinity of ECI. Staff inspected the facility on September 15,2010 and issued a Notice of Violation (NOV) of 6NYCRR part 211.2 for creating an odor nuisance. ECI produces fiberglass reinforced plastic parts and was issued a registration to operate by this office on April 11, 2007. The company has had an increase in production recently and consequently an increase in air emissions affecting the surrounding community. ECI hired a consultant to address the odors and has already made some changes to reduce air pollution impacts. This office is evaluating the changes and will work with ECI to insure that the community concerns are addressed. Please feel free to contact Mr. A1 Carlacci with the Division of Air Resources at 716-851-7130 if you require additional information. Sincerely, RECEIVED AND FILED PETITIONS NO. 51 J. ALLEN, AGENT, USE 1600 HERTEL FOR A POIE SIGN (DEL)(NO PUB HRG) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 52 G. HUNTER & OTHERS-REQUEST COUNCIL TO ADOPT BFLO’S COMMUNITY PROJECTIONS FROM NATURAL GAS EXTRACTION ORDINANCE PETITION The undersigned electors of the City of Buffalo, New York, acting in our capacity as residents of this community with an inalienable right to local self-governance, hereby petition and direct the members of the Buffalo City Council, who are sworn to protect the health, safety and welfare of this community, to advertise and then adopt "Buffalo's Community Protection from Natural Gas Extraction Ordinance," which the People of the City have submitted to the members of their Council. REFERRED TO THE COMMITTEE ON LEGISLATION. REGULAR COMMITTEES CLAIMS (DAVID A. RIVERA, CHAIRMAN) NO. 53 PERSONAL INJURY CLAIMS That upon the recommendation of the Corporation Counsel, the following actions for personal injury arising out of alleged negligence on the part of the City of Buffalo, be compromised and settled: A. 1. Eula Collins-Bailey $ 3,000.00 A. 2. Jeremy Evens $17,500.00 A. 3. Antonio Gardin $15,000.00 A. 4. Kenneth Hartman $40.00 A. 5. Garrett Hicks $10,000.00 A. 6. Abdou Taher $70,000.00 A. 7. Shaneesha White $ 3,500.00 A. 8. Tera Lynn Whiteside $3,500.00 A. 9. Desiree Williams p/rdg Joshua Miller Daniel Williams and Tionee Miller $49,000.00 That checks be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current Fiscal Year, payable to the respective claimants and their attorneys, if any, herein above named, upon execution and delivery to the Corporation Counsel of proper releases and closing papers. PASSED AYES - 9 NOES - 0 EXCEPT A 2 AND A 3 KEARNS IS IN THE NEGATIVE NO. 54 PROPERTY DAMAGE That upon the recommendation of the Corporation Counsel, the following action for property damage arising out of alleged negligence on the part of the City of Buffalo, be compromised and settled: B. 1. Barbara Barksdale $988.00 B. 2. Jacqueline Barnett $180.79 B. 3. Sharon Coughlin $113.02 B. 4. Kimberly Ann Dole $962.72 B. 5. Stephen Guevara $5,740.00 B. 6. Paula Mason $399.00 B. 7. A1 E. Moore $ 90.00 B. 8. National Fuel $1,798.38 B. 9. Daniel Olszewski $374.54 B. I 0. Carmen Pace $473.72 B. 11. Connie Poitras $1,306.50 B. 12. Alfonso Polito $195.75 B. 13. Kathie Renner $66.00 B. 14. Rachel Sayles $705.90 B. 15. Robert Wegrzyn, Jr. $500.00 That checks be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current Fiscal Year, payable to the respective claimants herein above named, upon execution and delivery to the Corporation Counsel of proper releases and closing papers. PASSED AYES - 9 NOES - 0 NO. 55 MISCELLANEOUS REIMBURSEMENT That, upon the recommendation of the Corporation Counsel, the following actions arising out of alleged negligence on the part of the City of Buffalo, be compromised and settled: C. 1. Liban Mayow Abikar $ 531.00 C. 2. Le'Don Hall $1,500.00 C. 3. Sandra Warheit $ .75 That checks be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current Fiscal Year, payable to the respective claimants, if any, herein above named, in the amounts set opposite their names and delivered to them upon execution and delivery to the Corporation Counsel of proper releases where such releases are indicated. PASSED AYES - 9 NOES - 0 NO. 56 MISCELLANEOUS INVOICES That, upon the recommendation of the Corporation Counsel and the appropriate City Departments, the following claims be paid: D. 1. AFSCME Local 650 $1,617.07 D. 2. AT&T Mobility $8,311.55 D. 3. Bison Baseball $23,800.00 D. 4. Bison Baseball $30,000.00 D. 5. Bison Elevator $1,996.65 D. 6. Bison Elevator $1,850.00 D. 7. Bison Elevator $1,261.75 D. 8. Buffalo OccMed LLC $154,342.78 D. 9. Buffalo Smal! Animal Hospital $380.00 D. 10. Buffalo Small Animal Hospital $4,891.02 D. 11. Buffalo Small Animal Hospital $2,838.16 D. 12. Buffalo Small Animal Hospital $7,367.64 D. 13. Cintas $1,072.55 D. 14. City Treasury $!01.00 D. 15. Comdoc Office Systems $62.80 D. 16. Comdoc Office Systems $137.03 D. 17. Cotmty Line Stone Co. $3,901.66 D. 18. Geiter Done of WNY $22,550.00 D. 19. Hannah Demolition $17,000.00 D. 20. Idexx Distribution $240.35 D. 21. Lardon Construction Corp. $1,318.20 D. 22. Marlin Leasing $456.00 D. 23. Metro Environmental $18,438.00 D, 24. O'Counell Electric $8,046.87 D. 25. P&A Group $36,809.00 D. 26. Personal Computers Inc. $1,867.50 D. 27. Personal Computers Inc. $3,765.00 D. 28. Verizon $92.29 D. 29. Xerographic Solutions $1,242.00 D. 30. Xerographic Solutions $!,050.00 That checks be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current Fiscal Year, payable to the respective claimants, herein above named, in the amounts set opposite their names and delivered to them upon execution and delivery to the Corporation Counsel of proper releases where such releases are indicated. PASSED AYES - 9 NOES - 0 CIVIL SERVICE (BONNIE E. RUSSELL, CHAIRPERSON) NO. 57 TH APPOINT ASSOCIATE ACCOUNT CLERK(PERM)(5STEP)(JACOBS) (CCP# 9, 11/30) Mrs Russell moved That Communication of 9 of November 30, 2010, be received and Filed and that the Permanent appointment of Jennifer Jacobs, 102 Middlesex Rd, Buffalo, NY 14216 at the fifth step of $40,337.00 is hereby approved. PASSED AYES - 9 NOES - 0 NO. 58 NOTICES OF APPOINTMENTS-TEMP/PROV/PERM(CTY CLK) CCP# I9, 11/30 Mrs. Russell moved That the above item be the same and hereby is Received and Filed ADOPT FINANCE (MICHAEL P. KEARNS, CHAIRMAN) NO. 59 LEASE AGREEMENT - MUSICIANS UNITED FOR SUPERIOR EDUCATION, INC. (ITEM NO. 1, C.C.P., NOV. 30, 2010) That the Executive Director of Strategic Planning be, and he hereby is authorized to enter into a lease between the City of Buffalo and Musicians United for Superior Education, Inc., for use of the second floor of the utility/control pool building and four parking spaces within Shoshone Park, for a two (2) year period to commence on January 1,2011 and expire December 31,2011, for the annual rental fee of One Dollar ($1.00), all other terms and conditions of said lease agreement shall remain the same including but not limited to those that are listed in the above communication. That the Corporation Counsel be, and he hereby is authorized to prepare the necessary documents to renew said lease and that the Mayor be authorized to execute the same. PASSED AYES - 9 NOES - 0 NO. 60 RENEW LEASE - UNIVERSITY HEIGHTS COMMUNITY DEVELOPMENT, INC. - 3242 MAIN STREET (ITEM NO. 2, C.C.P., NOV. 30, 2010) That the Executive Director of Strategic Planning be, and he hereby is authorized to renew the lease between the City of Buffalo and University Heights Community Development, Inc. (Gloria J. Parks Community Center), for use of city-owned property located at 3242 Main Street, for an additional one (1) year period to commence on January 1,2011 and expire December 31,2011, for the annual rental fee of One Dollar ($1.00), other terms and conditions of said expired lease agreement shall remain the same including but not limited to the terms and conditions as listed in the above communication. That the Corporation Counsel be, and he hereby is authorized to prepare the necessary documents to renew said lease and that the Mayor be authorized to execute the same. PASSED AYES - 9 NOES - 0 NO. 61 REPORT OF BIDS- MICHIGAN AVENUE WATER MAIN INVESTIGATION (ITEM NO. 6, C.C.P., NOV. 30, 2010) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Kearns moved: That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to award a contract for the Michigan Avenue Water Main Investigation Project, to Visone Construction, Inc., the lowest responsible bidder, in the amount of $367,965.00 (base bid) plus $36,796.50 (10% contingency) for a total contract award of $404,761.50. Funds for the project are available in a Division of Water account 53220736 44510. PASSED AYES - 9 NOES - 0 NO. 62 REQUEST FOR APPROVAL FOR CITYWIDE TREE MANAGEMENT AND PLANNING AGREEMENT (ITEM NO. 7, C.C.P., NOV. 30, 2010) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Kearns moved: That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to enter into an agreement between the City and Wendel Duchscherer Architects & Engineers to provide professional services necessary for related planning and management of City-owned trees in the amount of $277,395.00. Funds for the project are available in Account #30000106-445100. PASSED AYES - 9 NOES - 0 COMMUNITY DEVELOPMENT (MICHAEL J. LOCURTO, CHAIRMAN) NO. 63 REPORT OF SALE- 388 WINSLOW (ITEM NO. 3, C.C.P., NOV. 30, 2010) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. LoCurto moved that the above item be recommitted to the Committee on Community Development ADOPTED NO. 64 PUSH-INFO GREEN DEVELOPMENT ZONE-MASS AVE PARK (#58, 6/22) Mr. Locurto moved That the above item be the same and hereby is Received and Filed. ADOPTED NO. 65 PUSH-UPDATE-COMMUNITY PLAN FOR THE MASS AVE NEIGHBORHOOD PARK (#59,6/22) Mr. Locurto moved That the above item be the same and hereby is Received and Filed. ADOPTED NO. 66 RESPONSE 181 & 207 STANTON ST. #62,CCP 5111/2010(FILL)(STRAT PLAN) (#7, 6!8) That the above item be the same and hereby is Received and Filed. ADOPTED NO. 67 NEW OPERATION MODEL FOR BURA AND BERC ST, NA RD (EXCEPT 12& 3RES) (#I14, 7/21) That the above item be the same and hereby is Received and Filed. ADOPTED LEGISLATION (JOSEPH GOLOMBEK JR., CHAIRMAN) NO. 68 R. CIEMIAK, PETITION TO REZONE 127 CLAYTON STREET & 2030 ELMWOOD AVENUE 55 UNIT SENIOR APARTMENT FACILITY (ITEM NO. 27, C.C.P., NOV. 30, 2010) That the above item be, and the same hereby is returned to the Common Council without recommendation. R. CIERNIAK, AGENT, REZONE M2 AND M1 TO R3,127 CLAYTON & 2030 ELMWOOD 55 UNIT SENIOR APT FAC (NORTH)(PUB HRG 12/14) Mr. Fontana moved to open the public hearing seconded by Mr. Smith Appearance Councilmember Golombek Mr. Fontana moved to Close the public hearing seconded by Mrs. Russell Mr. Golombek moved to recommit above item seconded by Mrs. Russell k Mr. Golombek moved that the above item be recommitted to the Committee on Legislation ADOPTED NO. 69 PAWNBROKER LICENSE 1831 SOUTH PARK (ITEM NO. 14, C.C.P., NOV. 30, 2010) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Golombek moved: That pursuant to Chapter 254 of the City Code, the Commissioner of Economic Development Permit and Inspection Services be, and he hereby is authorized to grant a Pawnbroker License to Joel Graham d/b/a Liberty Gold & Silver located at 1831 South Park on the following conditions: That there be no pawning, purchase or sale of firearms. That the establishment not provide check cashing services. PASSED/W COND AYES - 9 NOES - 0 NO. 70 A. SCHINELLER-APPEAL PRESERVATION BD DECISION REGARDING 888 MAIN ST (#24, 11/30) Mr. Golombek moved That the above item be the same and hereby is Received and Filed. ADOPTED NO. 71 D. LAND, PETITION TO USE 25T5 MAIN STREET FOR AN OUTDOOR PATIO (ITEM NO. 43, C.C.P., NOV. 16, 2010) (ITEM NO. 36, C.C.P., NOV. 30, 2010) That the above item he, and the same hereby is returned to the Common Council without recommendation. Mr. Golombek moved: That after the public hearing before the Committee on Legislation on" November 23, 2010, the petition of D. Land, agent, for permission to use 2616 Main Street for an outdoor card/patio approximately 17' x 54' on the right of way on the Vernon Street side, in front of a bar/restaurant be, and hereby is approved with the following conditions: 1. No music is allowed 2. Security Cameras are to be installed 3. Security Guards must be on premises at all times 4. Hours of operation are not to exceed 9 PM Monday through Thursday and 10 PM Friday and Saturday PASSED W/COND AYES - 9 NOES - 0 NO. 72 FOOD STORE LICENSE- 1358 BROADWAY (REM NO. 27, C.C.P., NOV. 3, 2010) (ITEM NO. 39, C.C.P., NOV. 30, 2010) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Golombek moved that the above item be recommitted to the Committee on Legislation ADOPTED RESOLUTIONS NO. 73 BY. MR. FONTANA AMENDING CHAPTER 511, ARTICLE XVI, OF THE CITY CODE TO CREATE A GENESEE-EAST DELAVAN SPECIAL ZONING DISTRICT WHEREAS, From time to time, the unique characteristics of a particular area or areas of the City require the creation of special zoning districts; and WHEREAS, In 2005, the Common Council created two Special Zoning Districts in the Lovejoy District, the Clinton Street Special Zoning District and the Lovejoy Street Special Zoning District, because the stability and continued viability of these areas as sound residential, commercial and cultural areas of the City were threatened, thus adversely affecting the welfare and economic well-being of the City and its residents; and WHEREAS, Pursuant to sections 511-68.4 and 511-68.5 of the City Code, which pertain to the Clinton Street and Lovejoy Street Special Zoning Districts respectively, no use shall be permitted in these areas which is a use for dance halls, nightclubs, car washes; eating and drinking establishments, take-out food places, tattoo parlors, billiard parlors and amusement arcades, except if a restricted use permit has been issued pursuant to section 511-55 of the City of Buffalo Code; and WHEREAS, Many of the same concerns which necessitated the creation of the Clinton Street and the Lovejoy Street Special Zoning Districts currently exist on Genesee Street, between Bailey Avenue & the City's municipal boundary with the Town of Cheektowaga, and on E. Delavan Avenue, between Bailey Avenue & the City's municipal boundary with the Town of Cheektowaga; and WHEREAS, The creation of the Clinton Street and the Lovejoy Street Special Zoning Districts has contributed to the stabilization of these areas and their continued viability as sound residential, commercial and cultural areas of the City, and the creation of a similar Special Zoning District for Genesee Street, between Bailey Avenue & the City's municipal boundary with the Town of Cheektowaga, and for E. Delavan Avenue, between Bailey Avenue & the City's municipal boundary with the Town of Cheektowaga, would likely have a similar positive effect; and WHEREAS, If a new Genesee-East Delevan Special Zoning District were to be created, the inclusion of "general merchandise stores" and "private clubs" to the list of restricted uses, which would also include dance halls, nightclubs, car washes, eating and drinking establishments, takeout food places, tattoo parlors, billiard parlors and amusement arcades, would likely have a positive impact on the Genesee and East-Delavan areas; and NOW, BE IT THERFORE RESOLVED, That the Common Council of the City of Buffalo does hereby request of the Department of Law that they immediately prepare for Common Council action an ordinance amending Chapter 511, Article XVI, of the City of Buffalo Code to create a "Genesee-East Delavan Special Zoning District," which shall be defined as the area consisting of Genesee Street, between Bailey Avenue & the City's municipal boundary with the Town of Cheektowaga, and E. Delavan Avenue, between Bailey Avenue & the City's municipal boundary with the Town of Cheektowaga; and NOW, BE IT FURTHER RESOLVED, When drafting the above referenced ordinance creating a Genesee-East Delavan Special Zoning District, that no use shall be permitted in the Genesee-East Delavan Special Zoning District which is a use for dance halls, nightclubs, car washes, eating and drinking establishments, takeout food places, tattoo parlors, billiard parlors, amusement arcades, private clubs and general merchandise stores, except if a restricted use permit has been first issued for such use pursuant to section 511-55 of the City of Buffalo Code. NOW, BE IT FINALLY RESOLVED, That copies of this resolution shall be sent to the Department of Law, the Department of Permits and Inspections and the Office of Strategic Planning for their review and comment. REFERRED TO THE COMMITTEE ON LEGISLATION, THE DEPARTMENT OF ECONOMIC DEVELOPMENT AND INSPECTIONS AND THE CORPORATION COUNSEL NO. 74 SPONSOR: RICHARD A. FONTANA AMENDING SECTION 511-68.4 OF THE CITY CODE TO DESIGNATE "PRIVATE CLUBS" AND "GENERAL MERCHANISE STORES" AS RESTRICTED USES WITHIN THE CLINTON STREET SPECIAL ZONING DISTRICT WHEREAS, From time to time, the unique characteristics of a particular area or areas of the City require the creation of special zoning districts; and WHEREAS, Since 2005, Clinton Street, between Bailey Avenue and Cochrane Street, including all properties fronting on both sides of Clinton Street originating at the intersection of Clinton Street and Bailey Avenue continuing to Clinton Street and Cochrane Street, has been designated as the Clinton Street Special Zoning District; and WHEREAS, The Clinton Street Special Zoning District was established because the stability and continued viability of the area as a sound residential, commercial and cultural area of the City is threatened, thus adversely affecting the welfare and economic well-being of the City and its residents; and WIIEREAS, Pursuant to section 511-68.4 of the City of Buffalo Code, no use Shall be permitted in the Clinton Street Special Zoning District which is a use for dance halls, nightclubs, car washes, eating and drinking establishments, take-out food places, tattoo parlors, billiard parlors and amusement arcades, except if a restricted use permit has been issued pursuant to section 511-55 of the City of Buffalo Code; and WHEREAS, Many of the same concerns which necessitated the classification of dance halls, nightclubs, car washes, eating and drinking establishments, take-out food places, tattoo parlors, billiard parlors and amusement arcades as restricted uses within the Clinton Street Special Zoning District, also apply to "general merchandise stores" and "private clubs;" and WHEREAS, At this time, neither "general merchandise stores" nor "private clubs" are designated to be restricted uses within the Clinton Street Special Zoning District for which a special use permit is required. NOW, BE IT THERFORE RESOLVED, That the Common Council of the City of Buffalo does hereby respectfully direct the Department of Law to immediately draft an ordinance amending § 511-68.4 of the City of Buffalo Code, "Clinton Street Special Zoning District," so that both "general merchandise stores" and "private clubs" are added to the list of restricted uses within the Clinton Street Special Zoning District for which a special use permit is required; and NOW, BE IT FURTHER RESOLVED, That the Common Council of the City of Buffalo does hereby respectfully direct the City Clerk to forward a copy of this resolution to the Department of Law, the Department of Permits and Inspections, and the Office of Strategic Planning. REFERRED TO THNE COMMITTEE ON LEGISLATION, THE DEPARTMENT OF ECONOMIC DEVELOPMENT PERMITS AND INSPECTIONS AND THE CORPORATION COUNSEL NO. 75 SPONSOR: RICHARD A. FONTANA AMENDING SECTION 511-68.5 OF THE CITY CODE TO DESIGNATE "PRIVATE CLUBS" AND "GENERAL MERCHANISE STORES" AS RESTRICTED USES WITHIN THE LOVE JOY STREET SPECIAL ZONING DISTRICT WHEREAS, From time to time, the unique characteristics of a particular area or areas of the City require the creation of special zoning districts; and WHEREAS, Since 2005, Lovejoy Street, including all properties fronting on both sides of Lovejoy Street, has been designated as the Lovejoy Street Special Zoning District; and WHEREAS, The Lovejoy Street Special Zoning District was established because the stability and continued viability of the area as a sound residential, commercial and cultural area of the City is threatened, thus adversely affecting the welfare and economic well-being of the City and its residents; and WHEREAS, Pursuant to section 511-68.5 of the City of Buffalo Code, no use shall be permitted in the Lovejoy Street Special Zoning District which is a use for dance halls, nightclubs, car washes, eating and drinking establishments, take-out food places, tattoo parlors, billiard parlors and amusement arcades, except if a restricted use permit has been issued pursuant to section 511-55 of the City of Buffalo Code; and WHEREAS, Many of the same concerns which necessitated the classification of dance halls, nightclubs, car washes, eating and drinking establishments, take-out food places, tattoo parlors, billiard parlors and amusement arcades as restricted uses within the Lovejoy Street Special Zoning District, also apply to "general merchandise stores" and "private clubs;" and WHEREAS, At this time, neither "general merchandise stores" nor "private clubs" are designated to be restricted uses within the Lovejoy Street Special Zoning District for which a special use permit is required. NOW, BE IT THEREORE RESOLVED, That the Common Council of the City of Buffalo does hereby respectfully direct the Department of Law to immediately draft an ordinance amending § 511-68.5 of the City of Buffalo Code, "Lovejoy Street Special Zoning District," so that both "general merchandise stores" and "private clubs" are added to the list of restricted uses within the Lovejoy Street Special Zoning District for which a special use permit is required; and NOW, BE IT FURTHER RESOLVED, That the Common Council of the City of Buffalo does hereby respectfully direct the City Clerk to forward a copy of this resolution to the Department of Law, the Department of Permits and Inspections, and the Office of Strategic Planning. REFERRED TO THE COMMITTEE ON LEGISLATION, THE DEPARTMENT OF ECONOMIC DEVELOPMENT PERMITS AND INSPECTIONS AND THE CORPORATION COUNSEL NO. 76 BY MR. FRANCZYK NEW APPOINTMENT TO THE COUNCIL MANAGER TASK FORCE Whereas: On November 16, 2010, on the recommendation of its Legislation Committee, this Honorable Body adopted the second and third resolves of the following Resolution: "Council Manager form of Government for the City of Buffalo" (Res. 105, Sept 30, 2008); and Whereas: In adopting these resolves, the Common Council recommended that the Council President develop a listing of individuals to serve on a Council-Manager Task Force, with such list to be submitted to the Common Council for the selection of 9 to 11 individuals to serve on this Task Force; and Whereas: So far, the Common Council has appointed two people to serve on this Task Force, Peter A. Reese and Sam Iraci; and Whereas: Raymond Chapman, who currently resides at 159 Claremont Avenue in the City of Buffalo, has expressed an interest in serving on the Council-Manager Task Force. Now, Therefore, Be It Finally Resolved: That Raymond Chapman, who currently resides at 159 Claremont Avenue, shall immediately be appointed to serve as a member of the Council-Manger Task Force. ADOPTED NO. 77 BY: DAVID A. FRANCZYK AND CURTIS HAYNES JR. WAIVING ALL FEES ASSOCIATED WITH THE NOW GENERATION'S INAUGURAL PEACE WALK AND RALLY WHEREAS, The "Now Generation" is a group of young activists who are united in their efforts to take a stand against violence and to show youth that there are alternatives to a life of drugs, violence, and crime; and WHEREAS, On December 11, 2010, after weeks of planning, the Now Generation will be hosting their inaugural 2.3 mile Peace Walk and Rally that will begin at the Broadway Market and end at Buffalo City Hall; and WHEREAS, At least 200 walkers are expected to participate in the Peace Walk and it is the hope of the organizers that their enthusiasm and message of unity will persuade additional East Side residents to join along the way; and WHEREAS, Several local area churches, from both the city and the suburbs, have joined the Now Generation in their efforts and have enlisted volunteers and peace walkers. Most of the marchers will be youth who wish to take a stand against the drugs, gang violence, and crime that plagues many inner-city neighborhoods. The organizers of the march also hope to attract those who, although currently involved with a gang, are looking to change their lifestyles. NOW, THEREFORE BE IT RESOLVED, That the Common Council does hereby request that the City of Buffalo waive all fees associated with the Now Generation's Peace Walk and Rally; and NOW, THEREFORE BE IT FURTHER RESOLVED, That the City Clerk is directed to send certified copies of this resolution to the Commissioner of the Department of Permit & Inspections Services; the Commissioner of the Department of Public Works, Parks & Streets; the Commissioner of the Department of Admin., Finance, Policy & Urban Affairs; and the Acting Corporation Counsel. ADOPTED NO. 78 BY MR. KEARNS TRANSFER OF FUNDS GENERAL FUND DEPARTMENT OF PUBLIC WORKS 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 $300,000 be and the same is hereby transferred and reappropriated from the General Fund - NYSPFRS to the Bureau of Forestry, as set forth below: From: General Fund $300,000 17303002-423002 - NYSPFRS To Forestry $300,000 14570006 - 480000 - Other Services(Tree trimming & Removal) PASSED AYES - 9 NOES - 0 NO. 79 BY: MICHAEL P. KEARNS & RICHARD A. FONTANA RE: LICENSING PLOWING AND SNOW REMOVAL BUSINESSES IN THE CITY OF BUFFALO WHEREAS, With Buffalo's notoriously snowy weather and dense urban fabric, many residents and businesses rely upon Plowing and Snow Removal Businesses to clear snow from their properties out of safety concerns and in order to facilitate travel; and WHEREAS, Those who work in the Plowing and Snow Removal Businesses typically operate as private contractors that remove snow from driveways, pathways, sidewalks and parking lots for a fee; and WHEREAS, Although the vast majority of those who work in the Plowing and Snow Removal Businesses are reliable, dependable and fair in dealing with their customers, each year Council members receive munerous complaints about unscrupulous Plowing and Snow Removal Businesses that have been paid large up-front fees to provide service for the Winters season, only to fail to complete the promised work and not be heard from again; and WHEREAS, A strategy that is commonly employed by unscrupulous Plowing and Snow Removal Businesses to pressure residents and businesses to enter into seasonal contracts is the offering of steep discounts to customers who will pay them in cash or who make large, up-front, down payments; and WHEREAS, Buffalo has a large population of senior citizens and disabled persons, many of whom lack the strength and mobility to shovel or otherwise remove snow from their properties on their own, who are especially likely to be targeted by unscrupulous Plowing and Snow Removal Businesses; and WHEREAS, When a Plowing and Snow Removal Businesses fails to deliver on their promised services, it is often difficult for scammed customers to track them down and obtain the services they paid for, obtain a refund, or seek legal redress. This is true for a variety of reasons, including the fact that some unscrupulous operators cease their operations or change their business names once the winter season ends, agreements for their services are often verbal in nature and payment is based upon cash transactions, many customers are desperate to have snow removed and hire operators without obtaining references or comparative shopping, and many operators are not licensed businesses at all, but rather individuals who own snow removal equipment for personal use and are looking to pick up some extra money "on the side;" and WHEREAS, Even if an unscrupulous Plowing and Snow Removal Businesses can be identified and tracked down, customers who have been "ripped-off' are often reluctant to come forward out of embarrassment, fear of reprisal, and/or lack of resources or sophistication to pursue legal redress; and WHEREAS, It is the City and this Common Council's responsibility to safeguard Buffalo's businesses, property owners and citizens, particularly those such as the elderly and disabled who are especially likely to be targeted by unscrupulous Plowing and Snow Removal Businesses; and WHEREAS, Mandating that Plowing and Snow Removal Businesses obtain a license before providing their service to customers in Buffalo is one way that the Common Council could proactively protect residents, property owners and businesses from unscrupulous Plowing and Snow Removal Businesses and ensure that such businesses are held accountable for their actions. NOW, THEREFORE BE IT RESOLVED, That the Common Council does hereby respectfully request that the Department of Law begin drafting an ordinance that shall require all Plowing and Snow Removal Businesses that operate in the City of Buffalo to obtain a Plowing and Snow Removal Businesses License, and furthermore requests that such ordinance be filed with all possible expedience to allow for timely review and action by this Common Council; and BE IT FURTHER RESOLVED That the Common Council does hereby request that the City Clerk forward a copy of this resolution to the Department of Law, the Department of Permits and Inspections, and the Department of Public Works for their review and comments, which shall be in writing and filed with the City Clerk. REFERRED TO THE COMMITTEE ON LEGISLATION, THE DEPARTMENT OF ECONOMIC DEVELOPMENT, PERMITS AND INSPECTIONS AND THE CORPORATION COUNSEL NO. 80 BY: COUNCILMEMBER MICHAEL LOCURTO CITY OF BUFFALO GREEN BUILDING TASKFORCE WHEREAS: In November 2009, a resolution came before the City of Buffalo Common Council regarding the creation of a Green Building Code Taskforce; and WHEREAS: The mission of such a taskforce would be to create standards for the construction of environmentally friendly buildings in the City of Buffalo; and WHEREAS: Eric Walker works for PUSH Buffalo and has been involved in numerous housing projects and economic issues in Western New York; and WHEREAS: Kevin Connors is a member of the American Institute of Architects and principal at Eco-Logic Studio, which provides architecture, engineering and planning for ecological recreational, institutional, commercial and residential development; and WHEREAS: Dave Majewski is the president of Premium Services Inc., which specializes in green infrastructure and land use planning, and has been involved in numerous green projects in Western New York, including storm water runoff mitigation, rain gardens, and urban vacant lot reclamation; and WHEREAS: Paul Lang is an architect with Carmina, Wood, Morris PC, a local firm which has won awards for its work in the fields of historic preservation and commercial and residential projects; and WHEREAS: Sam Magavern is a writer and public interest lawyer, currently serves as co-director of the Partnership for the Public Good, and teaches at the University at Buffalo Law School, where his classes focus on the policy aspects of affordable housing and community economic development; and WHEREAS: Donna Budniewski is an assistant editor of the UB Reporter Newspaper; and WHEREAS: The experience of each of these individuals makes them ideal candidates to serve on the Green Building Code Taskforce; NOW, THEREFORE BE IT RESOLVED: That the City of Buffalo create the Green Building Code Taskforce, charged with adopting standards for the construction of environmentally friendly buildings; and NOW, THEREFORE, BE IT FURTHER RESOLVED: That the Common Council appoint members of this taskforce so that it will be comprised of eight members and be representative of all relevant City departments; and NOW, THEREFORE, BE IT FURTHER RESOLVED: That the Common Council of the City of Buffalo appoints Mr. Eric Walker, Mr. Kevin Connor, Mr. Dave Majewski, Mr. Paul Lang, Mr. Sam Magavern, and Ms. Donna Budniewski as members of the Green Building Code Taskforce; and NOW, THEREFORE, BE IT FINALLY RESOLVED: That the City of Buffalo's Departments of Public Works and Law be called upon to make one designee each to the taskforce. ADOPTED NO. 81 BY MR. SMITH FELICITATIONS/IN MEMORIAM Attached hereto are Felicitation mad In Memoriam Resolutions sponsored by Members of the Common Council as indicated: Felicitation for LaRusha Hester Blakely By Councilmember Demone A. Smith In Memoriam for Mary Pitts Wood By Councilmember Demone A. Smith ADOPTED NO. 82 BY: DEMONE A SMITH APPOINTMENTS COMMISSIONERS OF DEEDS REQUIRED FOR THE PROPER PERFORMANCE OF PUBLIC DUTIES That the following person(s) are hereby appointed as Commissioner of Deeds for the term ending December 31,2012, conditional upon the persons so appointed certifying under oath to their qualifications and filing same with the City of Buffalo Marc C. Acara Nancy Acosta Lee Adanti Catherine E. Aiello Dorthy Aikman Christopher P. Anderson John W. Anderson Maria Arinci Edward Aungst Jennifer L. Backes David L. Baczkowski Thomas Baker Marie I. Balecki Mary A. Ballesteros Mary Barca Laurie A. Barill Julie Barnas Sharon Bartlett Cheri Bartz Christine Batcho Carol R. Batterson Glenn E. Belton Kim Bernas M. Alicia Bevilacqua William S. Bey Gary A. Bienkowski Sean Billings Marcella Biniewski Maria K. Blaskowiak Bonnie Blenker Jaclyn E. Bodack Paul R. Bojanowski Kimberly Breidenstein Jill Brenner Catherine Brozyna Melinda L. Bryant Susan Burgstahler Mary A. Burkard Catherine Burke Timothy Burke Susan Burton Jillian Burton Laurie A. Camarre Nicole Cameron Paul Caputi Esther M. Caputi Cynthia Carabello Claire V. Carmer Rachel Casey Anthony M. Castelletti Diane L. Caster Douglas Champagne Lashawn Chinn Joanne Chmielewski Fred Christopher David Clabeau Marlene Clawson Gina M. Coburn Frederick Collins Shari L. Cook Wendy Cook Emily J. Cowan Judith Cravatta Barbara Croft Michael L. Cruz Alexandra M. Curtis Julie Daniels Brad Deamer Cheryl Dearlove Constance J. Deck Janet Deloach Mary E. Delucci Luis G. Diaz Jr. Joyce DiChristina Thalia M. Dierken Thalia Dierken Mary B. Dietz James DiMaria Pamela Dion Michelle Dirr Patricia DiVito Nancy J. Dlugosz Sharon Drobits Daniel L. Dropik Jr. Kerry Duggan Susan Duncan Lisa A. Dziewa Jeanne Elvers Juanita Erwin Tiana C. Evans Carly Evans Brian C. Evarts Catherine M. Evens Barbara Farr Nancy Farrell Christine Feritta Jane D. Filipski Maureen Fitzgerald Andrea C. Foley Judy Fort Patricia Jo Foster Michelle Franceschi Janell Franklin Donna A. Frydrychowski Janine Gavin- Pokrandt Richard Germain Deborah A. Gibson Sharon D. Ginter Martha Golab Michael H. Gonciarz Kathy L. Gonciarz Gregory Goodie Gena Goosman Amanda Goran Cynthia Gordon Carl A. Gould Diane H. Gray Donna S. Green Lori Green Patricia A. Griffith Carol Hairston Renata Halaiske Linda Hamilton Sharon Harper Jennie Hauser Melissa A. Henneberger Rose M. Hernandez June Hildebrand Judith Hill Irene J. Hoch Angela J. Hoffarth Yuri B. Hreshchyshyn Jeanette Hudson Susan M. Itzenplitz Denis F. Jackowiak Averricia Jackson Cynthia L. Jarosz James W. Josik Diane L. Kaczmarek Patricia L. Kamionka Michael Karam Cheri A. Kasprzyk Nicholas J. Kasprzyk David L. Kaznica Andrew Kedzierski Julie Keller Elaine P. Klein Karen Klinck John Kline Timothy M. Konick Jonathan M. Kotaska Susan M. Kramer Robert V. Krug Bonnielyn Krull Susan A. Kruzicki Joseph Kugler Gavin Kujawa David M. Kulinski Dawn Kurcz Linda Kvashay Theresa A. Lauria Deborah Lawrence- Smith Victoria Leone Charles A. Lestition David M. Lipp Melissa A. Liska Sheree L. Locher Donna M. Locicero Claire Loftus Stacy L. Logan Aaron Lowinger Deanne Lukasik Judith H Lunderman Karen M. Lutman Tina Marie Maglietto Dean Mann Cathleen D. Mann Lisa Maraschiello Ann Marie Marinof Ryan Markajani Charbrenna Marks Lynn Martens Paula A. Maue Michelle D. Mayo Stephanie A. McAuley Gregory J. McCloskey Shannon McGrath Kristen McHugh Roderick J. McQuillan Judy Meade Susan Meckes Carin A. Miklos John Mikulik Sandra Miller Angela B. Mirusso Janet D. Mischel William C. Miskey Malina Montz Tricia S. Moorhouse Laurie G. Morey Melissa A. Morris Michelle Mosley David R. Mucha Maryam Muhammad Kevin P. Murphy Diane Murray Maryanne Murray Denise Myers John A. Neuman Cindy A. Nitzer Julia Novak Katherine M. Nunz Tracy O’Brien Shelia O’Connor Deborah Orlando July Orlowski Sharon Orshal Dorothy Ortiz Barbara Ozak Sonaly Pagan Patricia A. Palovich Tommy Parker Tracey M. Passantino Jennifer Patterson Philip E. Pawlowski Molly Pecoraro Keith C. Pelkey Jr. Michele A. Pfeffier Judith Pfenninger Dawn M. Piatkowski Susan Pilat Richarad J. Planavsky Walter Pressley Diane O Quackenbush Kevin Quinn Diana L. Quintana Kim M. Raczyk Lucy Ralls Lawrence T. Ramunno Kathleen L. Reach Larissa Redeye Darrell J Reed Joyce L. Reid Tiffany C. Rias Candyce M. Rinaldo Rosyln Rivera Judith Rizk Carolyn A. Rizzo Donna Robb Miranda Rodriguez Minerva Rojas Marilyn Rozewicz Thomas Rusin John W. Ryan Sue Sacco Frank A. Saladyga Laurie Santiago Anita Sapienza Diane Saxe Richard E. Schaaf Rebecca Scheifla Ginny Schinas Jennifer Schmitt Lori M. Schneider Alison Schoonover Francis E. Schunk William O Scott Laurie A. Sears Sharon E. Serota Laurie A. Smith Mary L. Smith Gwendolyn Solanke Charles M. Solfrank Debra A. Sommer Thomas W. Sommerville Dianne D. Sorrentino Amy M. Sorrentino Karl R. Spencer Megan K. Spencer Karen Spielman Linda Stankowski Joanne Stein James L.R Sterling Sr. Renata Stevanovic Shirley Stewart- Lam Carol M. Stone Olga Sukaczow Erik Svensson Mary J. Swinorski Denise Takacs Mary Terhart Cheryl Thiel Adrienna Threat Nancy Todaro Debra A. Tomasello Teresa M. Trocki Michaeleen Trzyna Harold Davis Tucker Peggylynn Ulrich-Boltz Rosemary Vaderhaeghe Donald Vanevery Warren Vannatter Orealis Vazquez Albert C. Wagner Kelly B. Wagner Cheryl Wailand Matthew Wakelee Courtney M. Walczak Debbie Wannemacher Mark E. Ward Alicia Watkins Jeanne M. Watson Michael P. Wawrzyniak Valencia Wayne Sharyl M. Wegrzyn Patricia J. Welker Dale West Kellie Westpfahl Yulanda White Ebonie L. White- Gilbert Kim L. Wieder Todd A. Wiest Judith W. Williams Michael J. Wing Paul Wisniewski Joan Wojtkowski Flora B. Woods Rozanne Wozniak Karen Wright Erin E. Yetter Nancy Young Christopher J. Zeth Mary J. Ziolkowski Kathleen T. Henry Linda S. Kowalski Sarah E. Miller Janet Poydock Denise M. Sandarelli Evelyn Soto Rose M. VanKerhoven Carol Getz Debra Bagarozzo Melanie Barker Shannon Francos Patricia Halligan Lori Hinson Geraldine M. Kaczmarz Patricia Kibby Heidi L. Kirker Karen A. Kosmowski Maureen Mack Marlene L. Smith Christopher Tomoaszewski Joseph A. LoTempio Patrick K. Irwin Mary K. Comerford Joel D. Cash Liam Caulfield Carmen Bryant Tracy L. Nikel Carmen L. Lovullo Jennifer L. Jacobs Debra A. Kotsis William D. MacGuire Joseph B. Schollard Crystal J. Rodriguez Kathryn E. Mann Kathleen A. Granelli Shirley J. Hayes Katherine Winterhalter Bernadette Alessi Maureen R. McKeone Camille Hayes Amy Gattie Mark I. Adamchick Cheryl Campbell Kaitlin Dean Thomas E. Garlick Kristen Henry Kathryn M. O’ Donnell Susan M. Ott Ashley Schwartz Richard Wiorkowski Joseph Dembski Barbara Ganis Gregory Jacobs Gary McPike Thomas Muscarella Philip Queeno Oluwole Mc Foy Teresa A. Pleasant Charles Riley Judith M. Caveretta Wendy S. Eschborn Kathleen A. Beeny Julie A. Olszewski Marilyn Wetter Brenda A. Sciortino Ed Hennessy Catherine Baudo Thomas E. Caulfield Douglas A. Baker Lawrence R. Colucci Michele D’Hilly Christos G. Ladas Joseph L. Maciejewski Jared S. Matesic Maria Pryndota Margaret A. Starzynski Garnell W. Whitfield, Jr. Cheryl A. Kane Jill Parisi Denise Sole Joyce Whitman Pam Zawistowski Susan J. Anderson Gail Brady Kim Mecca Patricia Spanich Kathy Osborn Michelle Thompson Theresa Delauro Carol E. Pepe Angela Cerroni Marc Flynn Walter Halady Lisa Jenkins Diana Johnstone Robert Koch Barbara McAlister Debra Norton Sylvia O’ Neal John Rodriguez, Jr. Karen Barone Sharon T. Beck Nell R. Daley Mae E. Jackson Cheryl A. Kinmartin Madeline C. Marrone Laura Rogers Kea D. Rusch Mary Pat Tyler Marquitta R. Whitehead Kathleen A. Fitzpatrick Colleen Bohen John Palamara Paul L. Desiderio Marilyn Fazio Kathleen J. Ellis Nicholas Heidinger Carolyn Lenczyk Oivia A. Licata Davette Patton William McLaughlin Adam Renzoni Charles Bartolotta Damon Evans John Deinhart Randolph Paul Vito D. Masiello Herbert Bellamy Kevin Golding Aniela M. Baj Sandra S. Battel Amanda M. Blando Bryan J. Bollman James Brem Whitney A. Crispell Hassan A. Farah Bradley K. Hamm Jason A. Hurley Rosetta Kennedy Kelly M. Krug Kirk A. Laubenstein Michael P. Mazgajewski Todd C. McAlister Colleen M. Mulvaney Sandra Munson Marti Murphy Thomas J. Olejniczak Jeremy M. Rockler Vanessa Samuel Noemi Santiago Vernee Shaw Timothy Von Derempten Russell Weaver Alyssa K. Weiss Kevin Louimarre Brian Bray James N. Jackson Mark Jaskula William Licata Kevin Linder Julia Paul Richard E. Wall Councilmember Richard A. Fontana Councilmember David A. Franczyk Councilmember Joseph Golombek Jr. Councilmember Michael P. Kearns Councilmember Michael J. LoCurto Councilmember David A. Rivera Councilmember Bonnie E. Russell Councilmember Demone A. Smith Linda Anderson Milly Castro Roxanne M. Chase Gerald Chwalinski Victoria L. Chwalinski Lydell L. Fortune Lisa Frost Ashley N. Glichowski Kathleen M. Harrington Christine Lehner Stacey L. Masullo Regina R. McCullen Wendy Nobile Wilmer Olivencia Jr. Luis A. Reyes Diana Rico Tara A. Rogowski Laura Rucinski Jacqueline Rucinski Russell Payne Ishmahan Farah Mark S. Antonio Sr. John R. Battle Vera Berent Marian Blady Laurie A. Bowers Sandra D. Brown Gregory C. Byrne Suzanne Cairns Noreen M. Carothers Calvin Carter Malinda C. Chisholm Nancy A. Connolly Susan Cooley Linda D. Craig Timothy S. Downs Mable M. Duncan Joseph Fahey Patricia A. Fiscus Martin H. Forero Chiquita A. Foster Johnnie A. Fritz Jr. Diane M. Fusco Linda Ganci Kelly A. Gibbons- Glinski Dana Gordon Rene L. Granda Patricia R. Groves Lori M. Guadagno Norman G. Hartmann Dana L. Hearon Ronald E. Jentz Robert S. Joyce Jr. Eileen M. Kowal Fay M. Kwiatkowski Jenyne B. Langhorne Margaret A. Lawson Stacey E. Lewis Albert J. Liberatore Joy L. Madigan Steven R. Malkowski Patrick Mann Jr. Thomas McCarthy John F. McGrath Jr. Dennis McLaughlin Harold M. McLellan Lynn M. Milks Donna M. Militello Carolyn J. Mishoe Karen E. Muranyi Debra K. Nasca Colleen Nolan Michael T. O’ Brien James C. O’Donnell Theresa L. O’ Keefe Richard A. Ortiz Helen V. Panikowski Debra D. Perry Laurie A. Piazza Joseph Pierchala Mary T. Plewinski Kathleen M. Podsiadlo Carrie B. Price Genievieve A. Rak Patrick W. Reichmuth John D. Rieman Timothy D. Ring Robert V. Rosenswie Louis S. Ruberto Marvin V. Sanford Elizabeth Scheer Laura J. Schneider Marcia C. Scott Christina Sikorski Janet Sikorski Mildred A. Stabler Thomas M. Starkey Brian S. Strobele Kim M. Sturm Carl Terranova Vatasha Tibbs- Watkins Bebee J. Watts Jeannette T. Williams Marilyn C. Wisniewski Maureen Wojtanik Christine J. Young John A. Anthony Caitlin M. Brown Janet Palma Dave Lesniowski Lanette D. Boulware- Wright Thomas A. Chwalinski Jay Duderwick Patrice R. Eldridge Theresa Farrell Christine M. Giambra Rise T. Geller- Alongi Francisco Grzebielucha John J. Lynch Christine T. Kasianowicz Michael L. Marcy Nathan C. Neuman Evelyn Rodriguez Maria L. Scinta Betty J. Tryjankowski Lawrence A. Tyler Pamela Walker- Jarmon Phillis A. White Michael Wolasz Timothy A. Ball Edward A. Betz Kathleen A. Palka- Armstrong Linda L. Scott Andrea L. Von Der Empten Lawrence A. Wolff Judy S. Banks James J. Messina Mark Leffler Lynn Sacha Tanya Perrin- Johnson James R. Folan Terrance O. Lewis Karen M. McKeague Lizabeth Gonzalez Daniel Ahearn Jermiah A. Barkley Kevin Burke Michael Curry Frederick Felton Larry Garmon Joanne M. Janowski Jennifer M. Little Craig E. Massey Neil Milks Sean M. Moriarty Brian G. Purcell Adriel L. Santiago Brian Slomba Mario E. Velez Wilfred Wagstaff Richard Zielinski Armen Bagdasarian Matthew S. Baudo Lori- Anne M. Conroy Roberto Diaz Jeffrey Fordham, Jr. James Gunsauley James D. Lasky Cynthia Lockwood WillimJ. Mazur Donald Molenda Tammy Parsons James E. Quinn Robert Santos Andrea Teresi John Vertino Luther Walker III Jason A. Balducci Robert Brill John Conway Christopher Drumm Michelle Franczyk Lorne E. Hall Marcus Lawson Alfred Marino Brian McBride Tomothy Molnar Dayeenah M. Prim David C. Rudd George Simonick Jenny Velez Rocnald Vinovrsk Daryl L. Williams Carol A. Mahiques Christian J. Adams Rita Ahmed Kristin L. Alabisi Janet M. Arnold Matthew J. Ballard Geraldine A. Barone Judith A. Bartlett Madonna D. Bevilacqua Rose Bologna Shirley Bonanducci Janis Borman Candice L. Bremer Alan D. Brown Deidre L. Brown Donna J. Brunn Pamela D. Cahill Michele G. Cannizzaro Lydia Carabello Eileen M Cary Andrea L. Catuzza Joseph Cheslak Janet Cochrane Melinda Collins Patrice Colpoys Denise Coppola Lorraine A. Corcoran Robert R. Corp Jacqueline K. Costantino John J. Crangle Jr. Yelitza Cruz Joseph Cucinotta Maria L. Dempsey Michelle Depasquale Loretta DiBella Linda L. Drake Roberta M. Ehrmann Michelle R. Escabi Gary L. Evans Nancy M. Faucett Lisa Felschow Peter J. Fenski Kim M. Fischer Debra R. Flanagan Lisa A. Flegal Willmer Fowler Jr. Lisa Francoforte Margaret A. Gilmour Peter G. Ginter Francine Giumento Laura J. Gunner Diane B. Hadley Natalie M. Harig Ann Marie S. Hawes Sandra Hayden Janet L. Herr Sara J. Hibbard James R. Hoffstetter Debra L. Hogan Dorothy M. Hunter Christina M. Kalley Deborah A. Kalosza Margaret Kasper Michele S. Kaylor Linda C. Kazmierczak Anne M. Kelley- Moran Marilyn A. Kern Charleen Kilijanski Linda M. Kopiasz Nancy B. Kostek Sally J Krantz Joyce Frawczyk Lynda Kulik Paula M. Kurzawa Lynn Lansom Susan L. Laubacker Darlene Lewis Megan D. Lockwood Laurie A. Long Ismael Lopez Theresa M. Manzuk Ann S. Marchese Anthony A. Marconi Beverly A. Marino Katrina Martin Danielle Masecchia Cheryl L. Matter Michael F. McGee Alicia L. McLaughlin Timothy W. Meegan Maritza Mercado Kimberly M. Mesi Delphine R. Miszewski Amira Muflahi Nancy J. Murtha Michael J. Nowakowski Tracy Nowicki Karen M. Ortiz David H. Owczarzak Korie M. Pawlowski Teresa A. Pfaff Catherine T. Pieczynski Lenay S C Pierce Elaine F. Pinski Dawn M. Pitillo Leonard N. Potwora Marlene A. Prather Roberts Rentz David Rosen- Brand Angela Royster Patricia M. Runge Lynette L. Ryan Ali M. Saleh Joshua Sanders Anne M. Schichtel Nancy R. Schmelzer Stephanie Scott David R. Sharpe Cheryl Shaw Roosevelt D. Shaw Jr. Jamie S. Sheldon Barbara A. Sloma Maria V. Slomczewski Marjorie L. Solazzo Deborah L. Strickland Carl Szarek Jacqueline M. Taravella Elaine Taylor Donna L. Terry Patricia S. Thomas Sharon L. Tojek Richard C. Waite Cynthia A. Whalen Robert J. Wilson Joseph B. Wolfe Otis Workman Jr Kim M. Yonkosky Latonya Young Michael A. Young Marcy Zaehringer Diane M. Zigrossi Pamela Grzebielucha TOTAL 852 ADOPTED NO 83 BY: DEMONE A SMITH APPOINTMENTS COMMISSIONER OF DEEDS That the following persons are hereby appointed as Commissioner of Deeds for the term ending December 31,2012, conditional, upon the person so appointed certifying under oath to their qualifications and filing same with the City Clerk: Abraham Jeffrey Abraham John Abrams Michael Acara Mark Acevedo Inocencia Adamchick Mark J. Adamczyk Lawrence Adamdrick Mark I. Adams Christian Adanti Lee Agostino Michael Ahern Michael Ahmed Joseph Ahmed Rita Aiello Catherine Aikin Daniel Aikman Dorothy Alabisi Kristin Alagna Paul Alaimo Mario Albert Kristen Albini Suzanne Alessi Bernadette Alfonso-Cooke Joanna Alhaqq Daleylah D. Allen Gail Alley Sharon Alleyne Beverly Jo Alonzo James Alspaugh Tyler Altieri Mary Lou Amer Shana Amershadian Gregory Anzalone Lisa Bailey Daniel Banks Alexis Bates Leroy Benz Carol Biddlecom John Blackwell Nicole Bochenski Melissa Bonus Gail Borowiec Patricia Bove Christina Bove James Brass Joan A. Brown Dorothy L. Brown Erma Brown Margaret Brown Sr Allen Brzezinski, BSW Sharon Budzynski Kimberly Burgasser Nancy Buzak William Capps Jessica Carey Ginger Caruana Cheryl Chapman April D. Chiarenza Linda Ciepiela Patricia Cihak Diana Clayton Michael Clayton David Coleman Karen Conrad Mary Jo Cordero Benny Cullen Loretta Czamara Casimier Davis John Calvin DeGeorge Anne Deguire Linda Dicarlo Philip Diina Anthony Divita Jeanna Donoghue Cynthia Dorman Cynthia Drewery Kristina Eason DeAnna Elia Bernadette Elliott Lisa Fawcett Kathleen Fellows Robert Filsinger David Fischer Sharon Fleming Duane Flynn Christopher Galloway Wayne Gehl Scott Genovese Dena Gist Dolores Gist Laura Graber Kimberly Grant Betty Jean Granville David Grzechowiak E.N. Hammond John Hardy Everett Harris Cynthia J. Hayduk Thomas Hellwitz Robert Herbert Deborah Herring Rochelle Hill Sean Dennis House Willie Earl Hover Patricia Howard Salvatore Hudson Terrylin Jackson Janice Jackson, Sr. James Jednak Lauren M. Jemioto Jr Stanley Kamienowski Patricia Kanaley Kathleen M. Kelthy Kyle J. Kirchmeyer Katherine Knoffloch Renee Kopack Joseph Kopacz Sandra Kopti Candice Kostrewa Cheryl L. LaGree Peggy Lee Michael Lewis Maureen Long Gloria Losi Thomas E. Loughran Thomas Mahoney Kelly Maldonado Magali Mancuso Ann Marie Marinelli Lynn M. Marlette Guy Mason Mary Alice McCann Erika McMahon Joseph Merriweather Frank Merwin Kathleen Michalski Theresa Miller Diane Miller- Williams Barbara Minor-Ragan Yvonne Montour James Morris Irene Musior Kevin Neureuther Theresa Ann Nobile Gloria Orlowski Norbert Pavly William A. Perez Eva Perlmuter Sanford Pezzino Anthony Pietras Maria H. Posmantur Craig Posmantur Doreen S. Pyrak Mary Ann Reid Yvonne Richardson Herbert A. Robinson Elise Ann Sacco Frank Salatka Daniel Salley, Sr Kyle T. Sands Julienne Sardo Therese Scerra Lisa Marie Schiffman Eric Schug Anthony B. Sickau Leslie Spin Cathy Lee Stoddard Sr Richard Sunday Linda Tait-Kwiatkowski Pamela Tingley Thu Cuc Torres Omar Townsel Virlee Turchiarelli Karen A. Vaccaro Donna Weir-Jerozal Diane Weisbeck Thomas R. Wesner Andrew Whalen Timothy Wiggins Minnie Willard Charleen Williams Furrette Williams James H. Winkowski Sandy Woodruff Anita Zabinski David Zellner Jeremy ADOPTED NO. 84 ANNOUNCEMENT OF COMMITTEE MEETINGS th The following meetings are scheduled. All meetings are held in the Common Council Chambers, 13floor City Hail, Buffalo, New York, unless otherwise noted. Regular Committees Committee on Civil Service Tuesday, December 21, 2010 at 9:45 o’clock am Committee on Finance Tuesday, December 21, 2010 at 10:00 o’clock am following Civil Service Committee on Comm. Dev. Tuesday, December 21, 2010 at 1:00 o’clock pm Committee on Legislation Tuesday, December 21, 2010 at 2:00 o’clock pm (Public Disclaimer): All meetings are subject to change and cancellation by the respective Chairmen of Council Committees. In the event that there is sufficient time given for notification, it will be provided. In addition, there may be meetings set up whereby the City Clerk's Office is not made aware; therefore, unless we receive notice from the respective Chairmen, we can only make notification of what we are made aware. NO. 85 ADJOURNMENT On a motion by Mr. Fontana, Seconded by Mrs Russell the Council adjourned at 2:45 pm GERALD CHWAL1NSKI CITY CLERK SPECIAL SESSION DECEMBER 9, 2010 NO. 1 CALL FOR SPECIAL SESSION December 7, 2010 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 December 7, 2010 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 December 9, 2010 at 10:00 A.M. for the following purpose: To receive and take appropriate action on : All Items Relating To 1.) Capital Budget- Mayors Recommendations Yours very truly, David A. Franczyk President of the Council December 7, 2010 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. Capital Budget- Mayors Recommendations 2011 & Improvements 2011-2015 We request that this Special Meeting be held on December 9, 2010 at 10:00 AM David A. Franczyk Curtis Haynes JR David A. Rivera Michael J. LoCurto Richard A. Fontana 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: RICHARD FONTANA CURTIS HAYNES JR. MICHAEL LOCURTO BONNIE E. RUSSELL JOSEPH GOLOMBEK 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 December 9, 2010 at 10:00 AM Curtis Hayes Jr David A. Rivera Bonnie E. Russell Michael J. LoCurto Demone Smith Richard A. Fontana Michael P. Kearns Joseph Golombek Jr STATE OF NEW YORK COUNTY OF ERIE) ss: CITY OF BUFFALO) On this 7th day of December 2010, 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 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 December 7, 2010, 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 December 9, 2010 at 10:00 A.M. for the following purpose: To receive and take appropriate action on all items relating to 1.) Capital Budget- Mayors Recommendations 2011 & Improvements 2011-2015 RECEIVED AND FILED NO. 2 DISCHARGE BUDGET COMMITTEE - CAPITAL BUDGET-2011 & IMPROVEMENTS (NO. 1, CCP 11/03/10) Mr. Fontana moved that Whereas, the above item is currently in the Budget Committee and, Whereas, it is no longer necessary for this item to be considered by that committee, Now Therefore Be It Resolved, that this Common Council does hereby discharge the 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 CAPITAL BUDGET 2011 AS AMENDED Available for review in The City Clerk’s Office PASSED AYES - 8 NOES – 0 NO. 4 2011 CAPITAL BUDGET RECOMMENDATIONS & 2011-2015 CAPITAL IMPROVEMENTS PROGRAM RECOMMENDATIONS In accordance with §20-24 of the City Charter, attached please find my recommended 2011 City of Buffalo Capital Budget and 2011- 2015 Capital Improvements Program. Based upon the City of Buffalo Comptroller's recommended debt limits, the 2011 Capital Budget consists of $22.4 million in funding for City of Buffalo projects and $4.9 million for Buffalo Public Schools projects. in recommending individual expenditures my administration has thoroughly review the recommendations of the Citizens Planning Council (CPC). My administration is greatly appreciative of the difficult task performed by the CPC in evaluating more than $78 million in requests. As evidenced by the attached budget, I have adhered closely to the recommendations of the CPC. My recommended Capital Budget contains a wide variety of capital improvement projects with more than $2.89 million in funding for City Parks including the Olmsted Parks and historic Broderiek Park. This funding is necessary given the County of Erie's decision to return management of the parks to the City of Buffalo. The remainder of the City's $22.4 million in capital funding is highlighted by: Citywide Infrastructure- Repair/Replacement $5,146,561 • Buffalo Public Schools $4,900,000 • Emergency Demolitions $2,686,022 • City-wide Tree Removal & Planting $1,605,000 • Buffalo Fire Department Fire Apparatus $1,465,900 • Buffalo Police Department Prisoner Lock-up $1,405,000 • Cultural Institutions $1,235,420 • City-wide Community Centers (HVAC, Mechanical $561,750 Electrical, Roof Repairs) • Building Needs Assessment $535,000 • Broadway Market $347,750 • Downtown Ball Park (Coca-Cola Field) Improvements 188,320 Budget & Amendments available for review in the City Clerk’s Office Mr. Fontana moved that the 2001 Capital Budget as amended is approved and that the allocation contained in line BLDG 11025- Community Center Roof Replacements(Buildings and Facilities) be first used to satisfy any shortfall on the Polonia Center Roof Replacement Project, which is currently out to bid, should such a shortfall be evident at the time the Bond Resolution is presented to the Common Council for it’s consideration PASSED AYES - 8 NOES - 0 NO. 5 ADJOURNMENT On a motion by Mr. Fontana, Seconded by Mr. Kearns, the Council adjourned at 10:18 AM GERALD CHWALINSKI CITY CLERK Board of Police and Fire Pension Proceedings #11 Office of the Mayor-201 City Hall December 9, 2010 Present: Hon. David A. Franczyk, Council President Gerald Chwalinski, City Clerk Darryl McPherson, City Auditor The Journal of the last meeting was approved. No. 1 I transmit herewith the Pension Payroll for the Fire Pension Fund for the month of December, 2010 amounting to $3,740.00 and request that a check be drawn to the order of the persons named herein for the amounts stated. Adopted Ayes-3. Noes-0. No. 2 I transmit herewith the Pension Payroll for the Police Pension Fund for the months of December, 2010 amounting to $2,815.00 and request that a check be drawn to the order of the persons named herein for the amounts stated. Adopted. Ayes-3 Noes-0. No. 3 On motion by Mr. Chwalinski the City of Buffalo Police and Fire Pension Board Meeting adjourned at 11:02 a.m.