Connect With Common Council

May 3, 2011 Updated May 3, 2011 at 7:21 PM EDT

By WKBW News

...

Connect With Common Council

May 3, 2011 Updated May 3, 2011 at 7:21 PM EDT

Common Council of the City Of Buffalo ( release)
MEETING SUMMARY
for MAY 3, 2011

REGULATING USAGE OF PORTABLE ON DEMAND STORAGE AND OTHER TEMPORARY STORAGE UNITS—The Council adopted a resolution sponsored by South District Council Member Michael P. Kearns expressing the need for amending the City Code to add specific regulations relating to portable on demand storage (“PODS”) and other types of temporary portable storage units. PODS and other types of temporary portable storage units are transportable structures that are sold, rented or leased for temporary storage of materials on a limited basis. In many situations, PODS and other types of temporary portable storage units are of great utility to property owners and often do not impact the neighboring community in a negative way. Unfortunately, when PODS and other types of temporary portable storage units are used irresponsibly or on a long-term or permanent basis for which they were not intended, they can become a nuisance and negatively impact neighboring residents. Currently the City of Buffalo Charter or Code does not regulate usage of PODS and other types of temporary portable storage units. The Council maintains that by amending the City Code to regulate PODS and other types of temporary portable storage units, the City would provide a framework for dealing with irresponsible or inappropriate use of these units and strengthen the City’s efforts to improve the quality of life in City neighborhoods.

STANDARD WORK DATA AND REPORTING—The Council adopted a resolution sponsored by Fillmore District Council Member David A. Franczyk establishing the number of hours in a standard work day for a City of Buffalo employee to be eight hours inclusive of a one hour lunch and two 15 minute breaks. The New York State Local Retirement Systems (“NYSLRS”) initially published and continues to revise its rules and regulations governing employer reporting of days worked for elected and appointed officials. The Council is officially establishing the standard work day in an effort to ensure the uninterrupted crediting of retirement system benefits to City employees, elected officials and appointees, and in order to comply with the current rules, regulations and guidance of the NYSLRS. The resolution also establishes a minimum of 260 standard work days in a calendar year comprised of 26 payroll periods each containing a minimum of 10 standard work days of leave time. The Council recognizes that any City employee who has a provision in their respective collective bargaining agreement to work a ten, nine, and fifteen hour work day, with pro-rata lunch and break periods, will also be in compliance with NYSLRS regulations.

AUTHORIZING GROUND LEASE OF SCHOOLS—The Council approved a resolution sponsored by Masten District Council Member Demone A. Smith authorizing a lease of certain educational facilities to the Erie County Industrial Development Agency (“ECIDA”) and authorizing other matters related to certain bonds issued by ECIDA to finance the renovation, reconstruction, equipping and furnishing of the educational facilities. The City of Buffalo and the Buffalo Public School District through the Joint Schools Construction Board (“JSCB”) have entered into arrangements with the ECIDA to finance various public school facilities for renovation and redevelopment purposes. The fifth phase of the project known as the Phase V Project, will involve facilities collectively known as the 2011A Facilities. The Council maintains that the authorization of a ground lease of the 2011A facilities to the ECIDA will be beneficial for City residents and will promote more educational opportunities for students and residents.

WAIVER OF FEES FOR SOUTH BUFFALO COALITION OF BLOCK CLUBS—The Council approved a resolution sponsored by South District Council Member Michael P. Kearns granting a waiver of all fees levied on the South Buffalo Coalition of Block Clubs associated with usage of the meeting room at the Tosh Collins Community Center on the following dates:

· May 31, 2011
· June 28, 2011
· July 26, 2011
· August 30, 2011
· September 27, 2011
· October 25, 2011
· November 29, 2011, and
· December 27, 2011

The South Buffalo Coalition of Block Clubs is a public advocacy group, with extremely limited funding, whose members donate their time and personal resources for the good of the South District community. The Council maintains that the Tosh Collins Community Center room usage fees should be waived so that the South Buffalo Coalition of Block Clubs may continue to serve and advocate for the community and devote any funding currently at its disposal for projects that will directly benefit South Buffalo neighborhoods.

ADDING THREE NEW SEATS TO THE BICYCLE PEDESTRIAN ADVISORY BOARD—The Council adopted a resolution sponsored by Council Members David A. Rivera and Michael J. LoCurto directing the City of Buffalo Department of Law to draft an amendment to the City Charter that would add three additional voting members to the Bicycle Pedestrian Advisory Board (“BPAB”) who shall be appointed by the Common Council and approved by the Mayor. The Bicycle Pedestrian Advisory Board is charged with the review of ongoing and future City of Buffalo projects that affect cyclists, pedestrians and persons with disabilities. BPAB is also charged with ensuring that all City projects accommodate and encourage safe and legal travel by cyclists, pedestrians, and persons with disabilities by advising various City of Buffalo departments. With the addition of three new members to the BPAB, the total membership will consist of 18 persons, of which 13 members will have voting rights. The Council maintains that the three new positions would be limited to one member who is a youth that resides in the City of Buffalo, one member who is 65 years of age or older at the time of his/her appointment, and one member with knowledge in the areas of green infrastructure, storm water run-off, urban forestry, and other related issues that affect bicycle and pedestrian access in the City.

HOME RULE MESSAGE—The Council adopted a resolution sponsored by Fillmore District Council Member David A. Franczyk supporting New York State Assembly Bill #A5377 and New York State Senate Bill #S4632 which would extend the authorization for the private sale of bonds and notes of the City of Buffalo to include serial bonds or notes issued on or before June 30, 2012. Passage of the bill would benefit the City of Buffalo by allowing it to provide expeditious funding to projects which require immediate attention. An extension of one year will provide the City with additional financial flexibility when addressing its capital funding needs and opportunities.

BANNERS TO BE HUNG IN THE CITY OF BUFFALO – The Council adopted a resolution sponsored by Ellicott District Council Member Darius G. Pridgen giving permission to the Theodore Roosevelt Inaugural National Historic Site to hang a banner across Delaware Avenue near North Street. The banner will celebrate the site’s 40th Anniversary and will be displayed from June 30, 2011 through September 30, 2011.

SALE OF CITY OWNED PROPERTY—The Council approved the sale of the following City owned properties:
· Fillmore District
o 201 and 202 Loepere Street was sold to Mr. Mohammed Islam for $700 and $1,600 respectively

APPOINTMENTS
· The Council approved the appointment of the following individuals to positions within various City of Buffalo Departments at a step above the base salary:
o Department of Audit and Control
§ Associate Account Clerk
· Joanne Eddy
o Department of Public Works
§ Senior Clerk
· Ronisha Rice
§ Truck Driver
· Krista Feldmann
o Department of Parking
§ Junior Data Control Clerk
· Jacqueline Hennings
· The Council accepted the appointment of the following individuals to positions within various City of Buffalo Departments at the base salary:
o Department of Human Resources
§ Secretary to the Commissioner of Human Resources
· Phyllis Brown
o Department of Assessment and Taxation
§ Junior Data Control Clerk
· Raynette Robinson-Hunt
o Department of Public Works
§ Account Clerk Typist
· Maureen Wing
· Brigitte Almonor
· Kimberly Neuschaefer-Heath
§ Caulker
· Joseph Szczepanski
§ Senior First Class Stationary Engineer
· Paul Fitzpatrick
· Mark Blake
§ Clerk – Seasonal
· Vincent Lopez
o Department of Parking
§ Hearing Examiner
· Gregory Dudek
o Division of Citizen Services
§ Complaint Clerk
· Shirley Jackson

LICENSE AND PERMIT APPROVALS—Upon the recommendation of the Department Permit & Inspection Services, the Council approved the following license and permit applications:
· Delaware District
o Food Store License
§ Newroz Market & Grill located at 1175 Hertel Avenue
· Ellicott District
o Permit for a Sign with Moving Lights
§ P. Strada, agent of property located at 451 Washington Street
· Lovejoy District
o Used Car Dealer License
§ Affordable Autos located at 1985 Genesee Street

CLAIMS, CONTRACTS, CHANGE ORDERS & AGREEMENTS
· The Council approved the following contract change orders submitted by the City of Buffalo Department of Public Works (“DPW”):
o The contract with Nussbaumer & Clarke, Inc. for the Hydraulic Model for the Division of Water Project was increased by $100,000 for update of the WaterCad hydraulic model utilized by the water distribution system. The contract was initially awarded in the amount of $125,000 and with this change the contract will increase to $225,000.
o The contract with LiRo Engineering, Inc. for the Citywide Sidewalk and Utility Inspection Project was increased by $90,000 for additional services necessary for uninterrupted completion of the project. The contract was initially awarded in the amount of $180,000 and with this change the contract will increase to $270,000.
o The contract with Watts Architecture & Engineering, P.C. for the Porter Avenue Reconstruction – Phase II Project was increased by $175,575 for additional services related to the construction and inspection phases of the project. The contract was initially awarded in the amount of $246,472 and with this change the contract will increase to $422,047.
· Upon the request of the City of Buffalo Office of Strategic Planning (“OSP”), the Council:
o Authorized the designation of Loguen Development Corporation as the redeveloper of the city-owned properties located at 412 and 414 Sycamore and 7 Kane Streets. Loguen Development Corporation is proposing to redevelop their building located at 406 Sycamore Street to be used as a Family Life Center offering after school care, tutoring, and counseling services for youths and adults. The city-owned properties are needed for building expansion, parking and green space improvements valued in the amount of $9,500. The redeveloper designation is subject to various terms and conditions and will expire in 12 months.
· Upon the request of the City of Buffalo Department of Community Services and Recreational Programming, the Council:
o Authorized the Department of Community Services and Recreational Programming to enter into a retroactive contract with Block Clubs & Neighborhood Association-EC, Inc. (“BCNA”) for services they performed to assist City residents to be counted in the 2010 United States Census.
· Upon the request of the City of Buffalo Department of Law, the Council:
o Authorized a labor contract between the City of Buffalo and the International Union of Operating Engineers (“IUEO”) – Local 17. The 11 year contract provides affected City employees with two percent salary increases beginning retroactively on July 1, 2007 through July 1, 2012 with a $2,000 increase in base pay retroactively effective July 1, 2008. The changes agreed to by the City and the IUEO are outlined in the labor contract and are expected to yield substantial savings throughout the duration of the agreement.
· Upon the request of the City of Buffalo Department of Public Works (“DPW”), the Council:
o Authorized DPW to accept $470,000 from the Buffalo and Erie County Greenway Standing Committee for the Tifft Street Pier Project. The proposed project will extend the Tifft Street Pier perpendicular to the shore and will include an American with Disabilities Act (“ADA”) accessible attached walkway. The project will also include the construction of a new fishing area, boardwalk, seating, and landscape improvements. The Council also authorized DPW to enter into all necessary agreements with the Federal Highway Administration (“FHWA”) and the New York State Department of Transportation (“NYSDOT”) associated with this project.
o Authorized the Commissioner of DPW to issue a mere license to Big Land Properties, LLC for the installation of a handicap ramp within the city right of way at the property located at 1543 Jefferson Avenue. The proposed handicap ramp will be constructed of concrete, extend four feet from the building face, and measure 20 feet in length. Eight feet of unobstructed concrete sidewalk will remain after installation.
o Authorized DPW to enter into agreements with the Federal Highway Administration (“FHWA”) and the New York State Department of Transportation (“NYSDOT”) for the washing of 33 bridges located within the City of Buffalo. FHWA has designated $116,000 for this project. The Council also authorized DPW to hire a consulting engineer for the design, bidding, inspection and administration of this project.
· The Council approved the reports of bids from the City of Buffalo Department of Public Works for the following project:
o The 2011 Tree Removal Citywide Project. Of the bids that were received, Schneck’s Tree Removal, Inc. was the lowest with a bid of $147,000.
o The Seneca Street Streetscape Project. Of the bids that were received, NOVA Site Co., LLC was the lowest with a bid of $524,442.

For any questions, concerns, or further information regarding the above, please contact your District Council Member, the Common Council Legislative Staff Office, or the respective City Department.

To view the live streaming of Common Council meetings on a personal computing device with internet access, please insert the following address into the device web-browser:
www.city-buffalo.com/Home/Leadership/CommonCouncil/Common_Council_Live_Coverage.

To view replays of a Common Council Meeting please visit the City of Buffalo Government Television website at www.city-buffalo.com/Home/Government_TV.

To view the final Common Council Meeting agenda and/or supporting communications, please visit the City of Buffalo website at