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HomeMy WebLinkAbout08-0108-0109ssti CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL w BUFFALO TUESDAY, JANUARY 8, 2008 AT 2:00 P.M. Present -- David A. Franczyk, President of the Council, and Councilmeznbers: Davis, Fontana, Golombek, Kearns, LOCurt0, Rivera, Russell & Smith - 9 Absent - None On a motion by Mr. Fontana, Seconded by Mr. Kearns, the minutes of the stated meeting held on December 26, 2007 were approved. `AYE" NO 7 - . Y , FONTANA FRANCZYK GOLOMBEK * '` KEARNS *` LOCURTO x RIVERA` RUSSELL SMITH - - - - -- %k I_-------- [MAJ- 51 9 0 [213 - 6] [3/4- 71 7 1� FROM THE MAYOR SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: January 3,_2008 FROM: DEPARTMENT: EXECUTIVE DIVISION: Office of the Mayor SUBJECT: (: Hickory Woods Settlement PRIOR COUNCIL REFERENCE: None, TEXT: TYPE SINGLE SPACE BELOW Attached as part of this Item is a copy of the historic Settlement Agreement to be entered into between the City, the Buffalo Urban Renewal Agency (BURA) and Counsel for the Hickory Woods Plaintiffs, which sets forth the terms of the settlement of the Hickory Woods litigation. Through this Communication, I am requesting that your Honorable Body approve the payment of $7.2 million from Law Department - Judgment and Claims ---- Prior Year (10546006- 480205) to a judicially sanctioned settlement account for distribution to the Plaintiffs by the State Supreme Court. Approval of payment of the claims detailed in the attached Agreement would represent full and final payment of all pending claims against the City and BURA relating to the Hickory Woods development and would release the City and BURA from any and all future liabilities associated with the project. TYPE DEPARTMENT HEAD NAME: Byron W. Brown TYPE TITLE: Mayor SIGNATURE OF DEPARTMENT HEAD: f-Y 11 / SETTLEMENT AGREEMENT AND ORDER This Settlement Agreement and Order (the "Agreement ") is entered into by and between the CITY OF BUFFALO, a municipal corporation of the State of New York with principal offices at 201 City Hall, Buffalo, New York 14202 (the "City "); the CITY OF BUFFALO URBAN RENEWAL AGENCY, a public body corporate established pursuani to lirtic e i5 -A of the General Municipal Law of the State of New York with principal offices at 920 City Hall, Buffalo, New York 14202 (the "BURR "); and RICHARD J. LIPPES, with office at 1109 Delaware Avenue, Buffalo, New York 14209, attorney at law, representing and acting on behalf of all of the persons listed on Exhibit "1" attached hereto (which persons, represented by Richard J. Lippes, as attorney, will be collectively referred to as the "Plaintiffs," and each such person individually will be referred to as a "Plaintiff"). The City and BURA will collectively be referred to as the "Defendants." The City, BURR and the Plaintiffs may also be referred to individually. as a "Party," and collectively as the "Parties." WITNESSETH: WHEREAS, Plaintiffs, have commenced four actions against the Defendants designated as Melinda Acuff, et al. vs. The Hanna Furnace Corporation, et al., Index No.: I2001 -3942; Rose Andriaccio, et ah vs. National Steel Corporation, et al., Index No.: I2000- 10578; Patrick Blake, et al. vs. National Steel Corporation, et al., Index No.: 12000-006347; and Patricia GiNlour, et al. vs. National Steel Corporation, et al., Index No.: 12000 -10579 in the Supreme Court of the State of New York, County of Erie (collectively the "Lawsuits ") against the Defendants for alleged personal injuries and property damages in connection with or arising from alleged contamination emanating from a site formerly owned and /or operated by The Hanna Furnace Corporation, Donner -Hanna Coke Corporation, National Steel Corporation and LTV Steel BUL,11301v709668v6 l Company, Inc., bounded on the north by the Buffalo River and South Park Avenue, on the east by Abby Street, on the south by Tifft Street and on the west by current or former Conrail property and railroad tracks, and located adjacent to or near the Plaintiffs' residences (collectively referred to as the "LTV Site "); and WHEREAS, the Plaintiffs have or continue to reside in an area located in and about Abby Street, Baraga Street, Beacon Street, Bell Avenue, Boone Street, Germania Street, Hopkins Street, Mystic Avenue, O'Connor Street and South Park Avenue in. the City of Buffalo, New York, commonly known collectively as the "Hickory Woods Neighborhood "; and WHEREAS, the name of each of the persons that are Plaintiffs in' the Lawsuits, or otherwise are eligible to participate in the Lawsuits or make claims herein and are eligible to settle their claims pursuant to the terms of this Agreement are listed in Exhibit "I" attached hereto; and WHEREAS, Defendants deny any wrongdoing and /or_liability whatsoever; and WHEREAS, Plaintiffs and Defendants wish to avoid the expense, delay and risk of further litigation and to resolve and settle any and all controversies between them arising out of the facts and circumstances which gave rise to the Lawsuits, on the terms and conditions set forth herein; and WHEREAS, Plaintiffs and Defendants anticipate entering into an Escrow Agreement (the "Escrow Agreement ") with a bank insured by the Federal Deposit Insurance Corporation with principal or branch offices located in Buffalo, New York (the "Escrow Agent ") establishing an interest - bearing account (the "Escrow Account ") into which the Defendants shall contribute the funds provided for herein in settlement of the Lawsuits (the "Settlement Fund "), and which Escrow Account will be distributed to the Plaintiffs at the direction of the Supreme Court of the 13 U1..11101170866816 2 State of New York, by Hon. John A. Michalek, J.S.C. (the "Court ") in accordance with the terms, conditions and procedure provided herein, and such other terms and procedures as the Court deems just and proper, NOW, THEREFORE, based upon the Mutual promises contained herein and other good and valuable consideration, the receipt and sufficiency of which. is hereby acknowledged, ii .is hereby agreed as follows: 1. SETTLEMENT FUND Defendants shall deliver the sung of Seven Million Two Hundred Thousand and 00/100 Dollars ($7,200,000) as the Settlement Fund, to the Escrow Agent, which shall be deposited into the Escrow Account not later than forty -five (45) days after all Conditions Precedent to this Agreement (as hereinafter defined) have been satisfied by the Parties, as such Conditions Precedent are applicable to each Party. 2, DISBURSEMENT OF SETTLEMENT FUNDS The Settlement .Fund shall be disbursed to each Plaintiff and as otherwise provided herein, by the Escrow Agent in an amount to be determined by and at the direction of the Court, pursuant to an order or orders of the Court. The distribution to each individual Plaintiff shall be based upon the total damages, if any, allegedly sustained by each Plaintiff, taking into account the facts and circumstances of each Plaintiff according to the terms of this Agreement. The Court orders with respect to each Plaintiffs distribution shall be sealed, and remain confidential, except as shall be necessary to inform the Escrow Agent of the amount to distribute to each Plaintiff, by order of the Court, or as otherwise required by law. 3. NOTICE OF EFFECTIVE AGREEMENT A. Upon satisfaction of all of the Conditions Precedent, the Parties hereto shall notify the Court with respect to the satisfaction thereof, and this Agreement shall be RUL1801170866816 3 r performed in accordance with its terms. Each of the Parties shall use its best efforts commencing on the Effective Date (as hereinafter defined) to satisfy each Condition Precedent, to the extent such Condition Precedent is within any such Party's control. All Conditions Precedent shall be satisfied not later than one hundred twenty (120) days from the Effective Date. B. In the event that any of the Conditions Precedent cannot be satisfied, or waived by the Defendants, then the Parties' consents to the terms of this Agreement shall be considered withdrawn. In such event, one or more of the Parties shall so advise the Court by filing and serving a Motion of Withdrawal of the Agreement within ten (10) days following knowledge of the final failure of any Condition Precedent. Non - moving Parties, if any, shall file and serve written objections to said motion, if any, with the Court within ten (10) days of service of said motion. Upon the granting of any such Motion of Withdrawal of the Agreement, this Agreement shall be considered withdrawn from the Court's consideration, null and void, and neither its terms nor the proposed Agreement itself shall be admissible against any of the Parties in the Lawsuits. 4. CONDITIONS PRECEDENT This Agreement is expressly subject to satisfaction of the following conditions precedent (collectively, the "Conditions Precedent" and individually each shall be a "Condition Precedent "): A. Delivery to the Defendants of all necessary governmental, municipal and regulatory approvals, including without limitation, approval by the Buffalo Common Council, the Board of Directors of the City of Buffalo Urban Renewal Agency and the Buffalo Fiscal Stability Authority, respectively. B. Delivery to the Defendants of the requisite number of duly executed and acknowledged releases, in the form and substance, as attached hereto as Exhibit "2" from an f\, 131.1 L113011708668% 4 adult Plaintiff, or in the form and substance, as attached hereto as Exhibit "3" from an infant Plaintiff, or in the form and substance, as attached hereto as Exhibit "4" for the estate of any deceased Plaintiff each as listed in Exhibit "1" (individually a "Settlement Release" and collectively the "Settlement Releases "). Ninety -five percent (95 %) of the Settlement Releases duly executed and acknowledged by the Plaintiffs eligible to participate in this Agreement shall be delivered to Hiscock & Barclay, LLP at 1100 M &T Center, Buffalo, New York 14203; provided, however, that in the event that more than five percent (5 %) of the Plaintiffs eligible to participate in''this Agreement decline to provide Settlement Releases, at the Defendants' option, the Defendants may nonetheless continue with this Agrecment and deposit the Settlement Funds, reserving, however, a pro rata amount, that is equal to the gross amount of the Settlement Fund, divided by the total number of Plaintiffs eligible to participate in this Agreement, multiplied by each such non - settling Plaintiff whose case continues, and the total of such amount shall be subtracted from the Settlement Fund and retained by the Defendants in a separate account held by the Defendants as a reserve for future litigation. C. Delivery to the Defendants of an order of the Court approving the form and substance of this Agreement as adequate and appropriate on behalf of all infants and deceased Plaintiffs set forth on Exhibit "l," and indicating that this Agreement fulfills the requirements of the Civil Practice Laws and Rules for Court approval of any settlement of an infant's claim, and fulfills the requirements for the settlement of any deceased person's estate according to the laws of the State of New York. D. Delivery to the Defendants of a stipulation executed by the Plaintiffs' attorney discontinuing the Lawsuits for all Plaintiffs participating in this Agreement in a form suitable for filing with the Eric County Clerk. B UL11301 \708668\6 5 r. E. Delivery of a duly executed Escrow Agreement establishing the Escrow Account to be funded by the Defendants in accordance with the terms and conditions provided herein; provided that the terms, :Gees and conditions of the Escrow Agreement shall be subject to approval by the Parties hereto and the Escrow Agent, The Parties shall cooperate with each other and not unreasonably withhold or deny their approval for such Escrow Agreement. F. Delivery of Settlement Releases from each of the Plaintiffs selected by the Defendants as essential to the performance of this Agreement. Not later than thirty (30) days after the Effective Date of this Agreement, the Defendants shall notify the Court of the names of not more than thirty (30) Plaintiffs from those listed on Exhibit "1" who must participate in this Agreement, for the Agreement to become effective, regardless of the number of . Settlement Releases otherwise received. Notwithstanding any other provision herein, in the event that any one of the thirty (30) Plaintiffs so listed does not participate in this Agreement, at the Defendants' option, this Agreement may be declared null and void. The list of the Plaintiffs that must participate in the Agreement shall be filed with the Court, under seal, and divulged only to Court so that neither Plaintiffs' attorneys, nor Plaintiffs will know the names of the Plaintiffs that must participate in this Agreement. Once all Settlement Releases have been received by the Defendants, they shall inform Plaintiffs' counsel and the Court within seven (7) days if one or more of the listed Plaintiffs is not participating in the Agreement, and whether the Defendants have decided to declare the Agreement null and void or continue with the Agreement with a reduction of Settlement Funds, on a pro rata basis as prescribed in paragraph 4(B), as a reserve for future litigation. C BULIB01WH668\6 6 k : S. COURT ALLOCATION OF SETTLEMENT FUNDS The Court will direct and order the distribution of the Settlement Funds to the Plaintiffs based upon the facts and circumstances of each participating Plaintiff's case or claim in the following manner: A. Each participating Plaintiff will receive a minimum net amount of Four Thousand and 001100 Dollars ($4,000) plus an additional an as may be dctermined anti allocated by the Court. B. The Court, in its sole discretion, will decide the additional amount of Settlement Funds each participating Plaintiff tnay receive, taking into the account the damages that each participating Plaintiff has sustained and their individual facts and circumstances. In making the Court's determination as to the amount of damages, the Court will consider any property damage sustained by a particular Plaintiff, including but not limited to any loss of value to the Plaintiffs real or personal property, any relocation or moving costs, any lost duality of life sustained by the Plaintiff, and/or any personal injuries including medical expenses, temporary or permanent injuries, pain and suffering, probable future injuries or damages, or economic losses sustained by each Plaintiff based upon facts, circumstances, property and environmental conditions alleged in connection with the Lawsuits. The Court will also consider the nature and extent of each Plaintiffs damages, including the length of tithe that each Plaintiff has lived in the Hickory Woods Neighborhood, the distance from the LTV Site where the Plaintiff resided, the severity of each Plaintiffs personal injuries or other losses, and any other factors the Court may consider relevant to its award of damages and disbursement of Settlement :Funds, provided, however, no Plaintiff will be required to prove through expert proof a particular injury was caused by exposure to any contaminants alleged in the Lawsuits. The Court may assume that any injuries or property damages sustained by the Plaintiff were caused by such contamination, BULlB03170966816 7 with the exception that the Court can use its coma - non sense in rejecting any particular injuries or damages and the causal relationship to exposure to such contaminants allegedly affecting each Plaintiff7s person and /or real or personal property. C. Each Plaintiff shall be provided the opportunity to present to the Court a damage questionnaire delineating the nature, extent and severity of eaclr laintif s injuries and /or damages, as well. as any other facts that each Plaintiff deeins relevant to his or her injuries and /or darn.ages claim, by providing the Court with a written document, or oral testimony if requested by the Court, explaining such injuries and /or damages, at each Plaintiff's option. D. Based upon the damage questionnaires or other information supplied by each Plaintiff, the Court will determine a fair and equitable allocation and disbursement of Settlement funds to each Plaintiff. E. In determining the additional amount in excess of Four Thousand and 00 /100 Dollars ($4,000) per Plaintiff, to be allocated to the Plaintiffs, the Court may take into consideration the Order of Dismissal, granted September 8, 2005, and filed September 9, 2005 in the Eric County Clerk's Office, whereby the Court dismissed, with prejudice, the claims of such Plaintiffs identified therein, for personal injuries of such Plaintiffs for any diagnosed injury up to and including the date of the Order of :Dismissal. A copy of such Order of Dismissal is attached hereto for reference as Exhibit "5." F. Based upon the Retainer Agreements entered into by each Plaintiff with Plaintiffs' attorneys, Plaintiffs' attorney shall be reimbursed for any reasonable out -of- pocket costs that he has expended on behalf of the Plaintiffs in the commencement and pursuit of the Lawsuits, as well as reasonable attorneys' fee in the amount of one -third (1 /3) of the Settlement Fund, subject to the approval of the Court. Prior to the disbursement of any funds from the BUTABO117W06916 8 Settlement Fund to a particular Plaintiff, Plaintiffs' attorneys will submit to the Court an accounting of his out -of- pocket expenses, and the Court will determine if such accounting is fair, adequate and appropriate, and will subtract from the Settlement Fund the amount of such expenses approved by the Court as well as the amount of the remaining Settlement Fund allocable to the Plaintiffs' attorneys' fees. G. All Settlement Funds held for participating Plaintiffs shall be held in the Escrow Account until the Court determines to disburse amounts from the Settlement Fund for any Plaintiff and other disbursements authorized herein, at which time. such Settlement Funds will be disbursed to the Plaintiffs and to other authorized payees. The Court shall also deter mine such time when the Escrow Agent shall disburse the attorneys' fees to Plaintiffs' attorneys. Each Plaintiff shall execute an acknowledgement of receipt of his or her respective distribution and deliver such acknowledgement to the Escrow Agent and to the Defendants on a form acceptable and to be provided by the Defendants. H. The Court may also direct the payment from the Settlement Fund of any reasonable fees and costs to the Escrow Agent, and to any Master, Hearing Officer Referee or experts the Court deems useful or appropriate to perform this Agreement. 6. REMEDIATION OF PROPERTY The parties hereto acknowledge that the Defendants own several parcels of land in the Hickory Woods Neighborhood that the United States Environmental Protection Agency ( "EPA ") and /or the New York State Department of Environmental Conservation ( "DEC ") have determined require remediation. The Defendants have or will engage URS Corporation to prepare a remediation work plan to undertake and perform such remediation. In addition, the Defendants have retained URS Corporation to sample soils in selected parcels in the Hickory Woods Neighborhood to develop the scope of such BUL11301\708668\6 9 remediation work plan and to corroborate certain findings in the studies previously performed by the EPA, DEC and the New York State Department of Health ( "DOH "). The costs of URS Corporation's services to develop such remediation work plan and to sample, analyze and report on the current condition of the soils in the Hickory Woods Neighborhood and all fees and costs, including all laboratory costs attributable to URS Corporation services_ related thereto shah be paid by the Defendants. The Settlement Fund shall not be reduced in any amount with respect to such fees and costs. The Plaintiffs shall cooperate with the Defendants in the future and shall provide reasonable access for any reasonable sampling of soils and /or remediation, if any, is determined to be necessary or recommended by the Defendants and the DEC, EPA and /or the DOH on their respective properties. 7. VALUE PROTECTION PLAN In its detennination of any award of Settlement Funds to each Plaintiff, the Court shall also consider any amounts paid heretofore or otherwise payable to any Plaintiff on account of or in connection. with that certain agreement by and between Steelfields Ltd. and the Defendants entered into on October 15, 2002, which among other things, established a Hickory Woods Value Protection and Neighborhood Improvement Plan ( "VPP ") to stabilize property values and offset lost homeowner equity for residential properties in the Hickory Woods Neighborhood. To the extent any monies have been paid or are due to any Plaintiff pursuant to the VPP, such amount shall be subtracted from any award of Settlement Funds to any such Plaintiff. In addition, the Plaintiffs hereby represent and warrant that the time to submit any claim or application. to Steelfields Ltd. or to the Defendants in connection with the VPP has expired, and do forever waive and release Steelfields Ltd. and the Defendants for any claim, demand, loss, injury, damages, right, title or interest in and to the ■ wxl VPP, however described or any monies or benefit to be derived from the VPP of which ally Plaintiff has, had or may have in the future. S: PLAINTIFFS' SETTLEMENT APPROVALS Plaintiffs are solely responsible for, and shall obtain, any and all necessary approvals for the Settlement Releases provided for in this Agreement, including but not limited to approval to settle the claims brought oil behalf of deceased persons. Plaintiffs are also solely responsible for, and shall obtain, any and I all necessary Court approvals for the determination, allocation and distribution of Settlement Funds. Plaintiffs shall notify Defendants of all Court proceedings instituted to obtain such necessary approvals. 9. RESPONSIBILITY FOR DISTRIBUTIONS After the Defendants have delivered the Settlement Fund to the Escrow Agent, Defendants shall have no responsibility for distribution or allocation of the Settlement Funds, among any or all of the Plaintiffs, and any dispute between or among Plaintiffs, their counsel, or any other persons regarding the allocation of the amount aforesaid shall have no effect on the terms of this Agreement and shall not otherwise affect any part of this Agreement. 10. PLAINTIFFS' ACKNOWLEDGEMENT OF AGREEMENT Each Plaintiff represents that he or she has carefully read this Agreement, knows the contents thereof, and has authorized his or her counsel to sign it as his or her own free act and deed. Plaintiffs and Defendants hereby represent that they have been represented, and advised of the effect of this Agreement and the Settlement Releases by their own attoney(s), or that they have had an opportunity to consult with an attorney of their choosing, have investigated the facts, and are not relying upon any representation or acknowledgement, whether oral or written, of any other party except as contained herein, and that it is the voluntary intention of Plaintiffs and Defendants to B Ur.1Rfl 1/708668/6 1 1 authorize counsel to execute this Agreement for the express purpose of making a full and final compromise of all claims described herein and precluding forever any further or additional claims or litigation against the Defendants arising out of the subject matter of the Lawsuits and the complaints filed in this matter. In authorizing counsel to execute this Agreement, each Plaintiff hereby represents that neither he or she, nor his or her attorneys, has relied upon any statement or representation made by the Defendants or by any person or persons representing the Defendants not contained herein. IL AUTHORIZATION BY EACH PLAINTIFF Each Plaintiff warrants and represents that he or she has fully authorized his or her counsel to enter into this Agreement and to execute all documents necessary to effectuate same, and each Plaintiff warrants represents that none of the claims to be released by the Settlement Releases to be executed pursuant hereto has been transferred, assigned or is otherwise beyond the authority of said Plaintiff to release and discharge in full as provided in each Settlement Release and in this Agreement. Each Plaintiff acting in a representative capacity further warrants and represents that he or she is the duly appointed personal representative of the decedent's estate named in the complaints and has authorized his or her counsel to enter into this Agreement and shall personally execute the Settlement Release required hereby and all other documents necessary to effectuate same on behalf of the estate of the decedent he or she represents. 12. FURTHER ASSURANCES Plaintiffs and Defendants shall perform such other acts and shall prepare, execute, and .file all documents and stipulations required to perforl the covenants set forth herein, to satisfy the conditions herein contained, and otherwise appropriate to give full force and effect to this Agreement. e� B(11,11301170966ft 1 13. GOVERNING LAW This Agreement and the Settlement Releases shat] be construed and interpreted in accordance with, and governed by, the laws of the State of New York without regard to the law relating to choice of law. Plaintiffs and Defendants submit to the personal jurisdiction of, and venue of State of New York Supreme Court (Erie County) for the enforcement and implementation of this Agreement. 14. INTEGRATION OF AGREEMENT This Agreement, all of the endorsed copies of this Agreement, all of the executed Settlement Releases, and the exhibits attached to this .Agreement are deemed a part hereof, and contain the entire and integrated agreement among the Plaintiffs and Defendants relating to the subject matter contained herein and supersede all prior or collateral oral or written agreements, understandings, statements and negotiations of the Plaintiffs and Defendants. Each Plaintiff and Defendant acknowledges that no representations, inducements, promises, or agreements, oral or written, with reference to the subject matter hereof have been made other than those expressly set forth herein. This Agreement cannot be, modified, rescinded or terminated orally. Any modification of this Agreement must be in writing signed by each Plaintiff who would be bound by the modification and each Defendant who would be bound by the modification. 15. CONSTRUCTION OF AGREEMENT No part of this Agreement (including the Settlement Releases and endorsed copies of the Agreement, and exhibits to the Agreement) shall be construed or resolved against any Plaintiff or Defendants by reason of any conclusion that this Agreement or any part of it has been drafted by a Plaintiff or Defendants. This Agreement (including the Settlement Releases, endorsed copies of the Agreement, and exhibits to the Agreement) is the result of review, negotiation, compromise and drafting by counsel for each Plaintiff and Defendants. Paragraph and section headings are for convenience and reference BUIJF301170866816 13 4 . purposes only and shall not affect in any manner the meaning or interpretation of this Agreement. 16. COUNTERPARTS This Agreement may be executed in multiple counterparts, each of which constitutes an original and all of which together constitute a single document and Agreement. 17. VALIDITY OF AGREEMENT In the event any part of this Agreement be deemed contrary to law, void or otherwise unenforceable, such provision must be construed and amended in a manner that would permit its enforcement, but in no event will such provision affect, impair, or invalidate the remainder of the Agreement and all other provisions shall remain in full force and effect. 18. NO THIRD PARTY RIGHTS The teems and provisions of this Agreement are intended solely for the benefit of Plaintiffs and Defendants and their respective successors or assigns, and it is not the intention of the Parties to confer, and this Agreement shall not confer, third -party beneficiary rights upon any other person or entity. 1.9. COVENANT NOT TO SUE. Plaintiffs acknowledge and agree that this Agreement and the settlement provided herein extend protections to Defendants with respect to all actions within the scope of this Agreement, and Plaintiffs further covenant not to sue Defendants and shall forbear from bringing any future action, for any personal injuries, property damages and claims whatsoever and however described that are the subject of the Lawsuits, this Agreement and the Settlement Releases provided for herein.. 20. NO LIABILITY OF DEFENDANTS Plaintiffs and Defendants acknowledge and agree that each enters into this Agreement voluntarily to avoid the expense, delay and risk of further litigation, and to resolve and settle any and all controversies between them arising out of n� BULM01\70866Mr 14 l; 1 .. 1 1 the alleged facts and circumstances which gave rise to the Lawsuits. Plaintiffs acknowledge and agree that Defendants have not, admitted any wrongdoing, or any liability for any personal injuries, property damages, costs, loss or expenses of whatever kind or description whatsoever. 21. EXCULPATION All covenants, stipulations, promises, agreements and obligations of the Defendants contained herein shall be deemed to be covenaluls, stipuldtior,s, promises, agreements and obligations of the City and BURR, respectively, and not of any member, director, officer,- employee or agent of the City and BURA, respectively, in his or her individual capacity, and no recourse shall be had for any claim hereunder against any member, director, officer, employee or agent of the City and BURA, respectively. 22. DISPUTE RESOLUTION. Notwithstanding any other provision in this Agreement, the Parties shall attempt to resolve any dispute among the Parties which arises from this Agreement, including but not limited to whether a material breach of any covenants, representation or warranty by any Party has occurred, except due to Force Majeure ( "Event of Default "), by mediation between the Parties, or by referring the dispute(s), by a motion for resolution thereof to the Supreme Court of New York, Erie County (Hon. John A. Michalek, J.S.C.) or such other current or former Justice as such Court may designate. This Court shall maintain continuing jurisdiction to enforce the terms of this Agreement until dismissal of the Lawsuits, with prejudice. All dispute resolution proceedings shall take place in Buffalo, New York. Each Party shall pay for their respective costs in pursuing dispute resolution, including attorneys' costs and expert fees. In the event that such dispute resolution or enforcement is required or any other litigation arises in connection with this Agreement, any such action shall be filed in the Supreme Court, County of Erie, New York. Each Party does hereby agree to submit c BU1,11301170866M 15 1 to the jurisdiction of such Court and to accept service of process by mail in accordance with the procedures therefore in the New York Civil Practice Laws and Rules. 23. REFERENCES A. ' Each and every provision of law and clause required by law to be inserted in this Agreement shall de deemed to be inserted herein and this Agreement shall be read and enforced- as though it were included and •if, through mistake or otherwise, any such provision is not inserted or is not correctly inserted, then, upon application of either party the Agreement shall forthwith be physically amended to make such insertion. B. All references to the word "law" or "laws" shall n�can, without limitation, the State of New York and Federal constitutions, all laws, statutes, codes, ordinances, regulations, consent orders or agreements, permits or administrative or court orders issued by any government with jurisdiction over the Parties hereto. C. All references to "government" or "governments" shall mean, jointly and severally as applicable, the governments of the United States of America, the State of New York, the County of Erie, the City of Buffalo and all divisions, departments, instrumentalities, agencies or courts thereof with jurisdiction over the Parties hereto. D. All references to "Force Majeure" shall mean delays due to labor strikes, act of God, governmental requirements that are unforeseeable or established in. the event of an emergency, enemy action, civil commotion, fire, inclement weather (including, but not limited to, floods, blizzards or snowstorms or other foul weather conditions, unavoidable casualty or similar causes beyond the reasonable control of either Party hereto, excluding however, financial inability to perform this Agreement. BOLE}301%M866816 16 f� E 24. WAIVERS No failure to exercise, and no delay in exercising on the part of the 1 Parties, as the case may be, any right, power or privilege hereunder, shall operate as the waiver thereof, nor shall any single or partial exercise of any right, power or privilege hereunder preclude any other or further exercise thereof, or the exercise of any other right, power or privilege. The rights and remedies herein provided are cumulative and not exclusive of any rights or remedies provided by law. 25. TIME OF THE ESSENCE Time shall be of the essence of this Agreement-and of each provision hereof. 26. NUMBER OF DADS Except as expressly stated to the contrary elsewhere herein, in computing the number of days, for the purposes of this Agreement, all days shall be counted including Saturdays, Sundays and legal holidays, provided however that if the final day of any period shall fall on a Saturday, Sunday or legal holiday, then the final day shall be deemed to be the next day which is not a Saturday, Sunday or legal holiday. 27. BINDING AGREEMENT This Agreement shall be binding upon the Parties hereto and their successors and assigns. All representations, warranties and covenants of the Parties shall survive the execution and delivery of this Agreement, unless this Agreement is terminated and /or deemed null and void, as provided herein 28. ASSIGNMENT This Agreement may not be assigned, in whole or in part, by any Plaintiff, and any purported assignment hereof shall be deemed null and void. 29. EFFECTIVE DATE The Effective Date of this Agreement shall be the date when this Agreement is executed by all Parties hereto, and SO ORDERED by the Court. 30. NOTICES All notices, consents and approvals required under this Agreement to be given by any Party to the others shall be in writing and shall be deemed to have been given or BU LIB011708668\0 17 made (a) if sent by United States certified or registered mail, with appropriate postage attached on the second business day after deposit, (b) if sent by hand upon delivery, (c) if by prepaid overnight courier service on the next business clay following delivery to such set and (d) if sent by fax, upon confirmation of receipt of such fax, in each case addressed to the respective Parties as follows, except 'as amended by a notice of other address in the future: Plaintiff: Richard J. Lippes; Esq. Richard J. Lippes & Associates 1'109 Delaware Avenue Buffalo, New York 14209 -1601 Defendants: City of Buffalo Attention: Alisa A. Lukasiewicz, Esq. City of Buffalo Office of the Corporation Counsel 1100 City Hall Buffalo, New York 14202 City of Buffalo Urban Renewal Agency c/o Charles C. Martorana, Esq. Hiscock & Barclay, LLP 1100 M &T Center Three Fountain Plaza Buffalo, New York 14203 -1414 [SIGNATURE PAGE FOLLOWS] t3 UIABO MOW% 18 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of the Effective Date. PLAINTIFFS SET FORTH IN EXHIBIT I ATTACHED HERETO: By. Y Name: Richard J. Lippes Title: Counsel for Plaintiffs Date: October, 2007 APPROVED AS TO FORM ONLY CITY OF BUFFALO By: �r By: Alisa A. Lukasiewicz e: Byron W. Arown Corporation Counsel Title: Mayor, City of Buffalo October _LZ, 2007 Date: October 1b, 2007 CITY OF BUFFALO URBAN RENEWAL. AGENCY B Name: Timothy E. Wanamaker Title: Vice - Chairman Date: October 1$, 2007 SO ORDERED: 7- / Hon. John A. Michalek J.S.C. c az�rx 13111.1130 1 9 Exhibit l BUL31301170866 816 ;i V MELINDA ACUFF, et aL a BURA, et al. Index No. 12001-3942 PLAINTIFF'S: MELINDA ACUFF JAMES J. NEUREUTHER PATRICIA R. ANDO SUSAN D. NEUREUTHER (nee Dudkowski) MARGARET ANNE ANSWEENEY WAYNE OATES ROBERT FARIES DOLORES OATES DAVID M. BRUCZ TAJINA ROSS KIMBERLY A. BRUCZ DANIEL B. PATTISON MARY A. BRUCZ (nee Gugliuzza) SANDRA J. PATTISON JACQUELINE CAMPISE GWENDOLYN PETTIGREW RUSSELL CAMPISE, JR. LEON B. PETTIGREW, It CHRISTOPHER CAMPISE ANGELA C. PETTIGREW GARY CARLONI LEONARD QUINN LYNN M. CARLONI (nee Schneider) KURT RINGWALL THOMAS J. CARLONI BEATRIX RINGWALL (nee Nandori) DAVID G. CARLONI KURT RINGWALL, JR. JEROME COLLINS WILLIAM RIVERA, SR. MATTHEW COLLINS ARLENE RIVER (nee Cruz) DEBORAH COLLINS WILLIAM RIVERA, JR. JOSEPH P. FLANAGAN SHARLENE RIVERA CHARLES E. DINGELDEY CHARLES RODGERS DEBRA A. DINGELDEY SUSAN RODGERS RICHARD COUSINS CHARLES RODGERS, JR, LISA COUSINS EDWARD RODGERS ANGELA COUSINS LEE W. MOORE MICHAEL COX ELIZABETH M. RODGERS LORI COX JAMES E. MAUND Jr. CAMERON COX ANTHONY R. MAUND DENNIS CUNNINGHAM DANIEL R. MAUND MABEL CUNNINGHAM JOHN W. RUTLEDGE RENEE DANIELS HALIMAH SALAAM THELMA L. HENDERSON LUQMAN SALAAM EZEQUIEL DEJESUS JAMILLAH N. SALAAM LYDIA DEJESUS ALEX SANCHEZ PAUL A. DOMBROWSKI JENNIFER SANCHEZ THOMAS A. DZIADASZEK KRISTI SANCHEZ IRENE DZIADASZEK KEITH SCHLEICHER LARRY D. EGGLESTON JENNIFER SCHLEICHER MARLENE EGGLESTON MEGAN SCHLEICHER LAWRENCE EGGLESTON SARA SCHLEICHER DARRYL ELLIS ANDREW SCHLEICHER DOROTHY ELLIS TIMOTHY SCRADER BULlB0117 0 8 6 6 816 PLAINTIFFS: ALEXANDER ELLIS CHRISTINE SCHRADER KRISTINA ELLIS KAYLEE SCHRADER ANTOINETTE FORD MICHAEL SEIBOLD AISHA FORD JAMES P. SMITH NAIMA FORD ROBIN J. SMITH (nee Kessler) JOSHUA FORD MELINDA M. SMITH MICHAEL GRABOWSKI MATTHEW SMITH MICHAEL GRABOWSKI, JR. RITA STAMPONE SUZANNE GRABOWSKI EDWARD STORY ASHLEY L. GAUDE SHIRLEY M. STORY (nee Byrne) PETER GUGLUIZZA MICHELE STORY JOSEPHINE GUGLUIZZA CYNTHIA P. SWIATKOWSKI (nee Hill) ALFRED HARRIS MARK P. SWIATKOWSKI KELLY HARRIS ASHLEY SWIATKOWSKI WILLIAM HARRIS NICOLE SWIATKOWSKI THOMAS HARRIS ERIK SWIATKOWSKI DENNIS HURLEY VICTOR SWIATKOWSKI LARRY KENNEY ELAINE WANTUCK DOROTHY P. KENNEY (nee Collins) ERIC WANTUCK TIFFANY KENNEY ALEX WANTUCK AMY A. KENNEY SHAWN LAKE RUSSELL F. LaROCCO STEVEN LAKE DALE LEWANDOWSKI WALTER LAKE LUIS ALBERTO SERRANO HARVEY WHITNEY SAMUEL J. LOCKWOOD, SR. (deceased) ROSEMARY WHITNEY ANNA LOCKWOOD (deceased) KIMBERLY WHITNEY SAMUEL LOCKWOOD, JR. JAMES M. WORNICK WILLIAM LODER, SR. KAREN J. WORNICK WILLIAM LODER, JR. RICHARD YOUNG ERIC GOBLE TERESA HILL - SEXTON MARTHA H. MASHLONIK (nee Sokcro) RICHARD YOUNG, II JOEL S. MASHLONIK GLORIA BARNES MIRANDA D. MOTT DAVID SEXTON KEVIN McCOOEY CHRISTOPHER SEXTON THERESA J. McCOOEY AIYANA GREEN PATRICK C. McNAMARA KEVIN R. ZIELINSKI HOLLY J. McNAMARA DENISE ZIELINSKI SHANE P. McNAMARA ASHLEY A. ZIELINSKI CAITLIN McNAMARA DANIEL K. ZIELINSKI KATHERINE MILLER EDWARD C. ZWOLINSKI JAMES M. MONTROY KAREN L. ZWOLINSKI (nee Knepper) DEBORAH MARIE MONTROY BULIBO M08668\G 2 "Ay v ROSE ANDRIACCIO, et al. v BURR, et at. Index No. 12000-10578 ROSE ANDRIACCIO PAUL GUADAGNO DOLORES GUADAGNO TINA HOVEY JACQUELINE HOVEY JOSEPH R. LORDEN TAMMY BUTTERBAUGH LORDEN JOSE MENDEZ BERNADETTE BAKER CHRISTINA JAMES JOSHUA VAARWERK. MELANIE MENDEZ MARY MERTZ JAMES MERTZ, Jr. JAMES MERTZ, III JONATHON MERTZ AMANDA MERTZ CHRISTINE MERTZ PATRICIA HIGGINS DONNA M. GOSTOMSKI MATTHEW WOODS JAMES GOSTOMSKI, Jr. SHARON GOSTOMSKI MELISSA GOSTOMSKI RICHARD P. AMMERMAN PAULINE V. AMMERMAN SUSAN PARKS DEBRA NASCA BRENDEN NASCA PLAINTIFFS: TIMOTHY HASSETT DIANE LYNN HASSETT RUSSELL T. RADDER DIANE RADDER TIMOTHY RADDER ROBERT D. LICATA PATRICK R. MANAHER NADINE CARDIS RONALD ROUX JOAN ROUX THOMAS CHWALINSKI KAREN CHWALINSKI TAYLOR CHWALINSKI KATLYN CHWALINSKI. LINDA BENNS JOSEPH McLEOD KAREN L. McLEOD MICHELLE M. McLEOD JOSEPH M. McLEOD, Jr. LAURA A. McLEOD MICHAEL TURPIN ELLEN TURPIN MICHAEL A. TURPIN SHAWN W. TURPIN ELIZABETH A. TURPIN ROBERT TURPIN JESSICA TURPIN MATTHEW TURPIN LINDA WRIGHT FELIX RODRIGUEZ JANE RODRIGUEZ I3ULII301170866816 PA TRICK BLAKE, et aL v B URA, et at. Index No. 12000-0006347 PLAINTIFFS: PATRICK. BLAKE JENNIFER BLAKE MATTHEW BLAKE (Minor) BULL 3011708668% PATRICIA GILMO UR, et al. v. B URA, et al. Index No. 12000- 10579 PLAINTIFFS: PATRICIA GILMOUR KIMBERLY M. MUCCIACCIO BULIBOM70866816 , EXHIBIT "2" € j S�i`i lr-11 RELEASE 1, , residing at hereby release and discharge the City of Buffalo and the City of Buffalo Urban Renewal Agency, and any of their officers, directors, employees, agents or representatives in any capacity including their past and present officers, directors, employees and agents, their subsidiaries, affiliates, successors and assigns, and the heirs, executives, trustees, administrators, successors and assigns of any such persons and entities, from any and all claims, demands, causes and rights of action in law or equity for all personal injuries, including but not limited to medical expenses, temporary or permanent injuries, pain and suffering, probable future injuries, all loss of services, society, comfort of my spouse, children, or others, all property and economic damage, including but not limited to loss of value to my real or personal property, any relocation, moving or stnr.,tge costs ar?c a n l tt fh r loss or damage of any kind which I now have, have had or may have in the future, arising from or relating to the release, remediation, or presence of chemicals, contaminants, hazardous wastes, hazardous substances, or property conditions in the City of Buffalo, New York at or from the "LTV Site" and the "Ilickory Woods Neighborhood" as defined in the Settlement Agreement to which this release is made a part of and incorporated therein, or in respect of those injuries and/or damages alleged in Melinda Acuff, et al. vs. The Hanna Furnace Corporation, et al., Index No.: 12001 -3942; lose Anclriaccio, et al, vs. National Steel Corporation, et al., Index No.: 12000- 10578; Patrick Blake, et al. vs. National Steel Corporation, et al., Index No.: 12000 - 006347; and Patricia Gilmour, et al. vs. National Steel Corporation, et al., Index No.: 12000 - 10579. This release will be binding on any of my representatives in any capacity including my heirs, executors, administrators, successors and assigns. In return for this release, Defendants will deliver a settlement fund in the amount of $7,200,000 for the settlement of actions brought by me and as many as 227 other persons who claim injuries or damages arising from my lawsuit indicated herein. I understand that the portion. of the settlement fund to be paid by me is not yet known and will be determined by the New York Supreme Court pursuant to a court - approved process for allocation of the settlement fund which has been described to me by my attorneys, and I understand that I will receive $4,000 from such settlement fund, plus an additional arnount, if any, may be awarded by the Court. I understand that neither I nor anyone else may appeal from the Court's award to ine. I have not signed this release in reliance upon any statement to nee about the anrount I might receive from this settlement fund, other than the fact that I have been informed that I will receive $4,000 plus an additional amount, as may be awarded by the Court. I recognize that any exposure to chemicals, contaminants, hazardous wastes, hazardous substances or property conditions that I have had as indicated in my lawsuit in the past might cause conditions, injuries or diseases that I am not aware of By this release, I intend to release all claims for all such conditions, injuries or diseases. In witness of this release I hereby sign my name, today, , 2007 Name: STATE OF NEW YORK ) } ss: COUNTY OF ERIE ) On the day of in the year 2007, before me, the undersigned., a notary public in and for said state, personally appeared , personally known to me or proved to the on the basis of satisfactory evidence to be the individual(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he/she /they executed the same in his /her /their capacity(ies), and that by his /her /their signature(s) on the instrument, the individual(s) or the person upon behalf of which the individual(s) acted, executed the instrument. Notary Public UHBO ]'17086W6 EXHIBIT "Y' SET T LEivF T RRLEASE residing at and discharge the City of Buffalo and the City of Buffalo Urban Renewal Agency, and any of their officers directors, employees, agents or representatives in any capacity including their past and present officers, directors, employees and agents, their subsidiaries, affiliates, successors and assigns, and the heirs, executives, trustees, administrators, successors and assigns of any such persons and entities, from any and all claims, demands, causes and rights of action in law or equity for all personal injuries, including but not limited. -to medical expenses, temporary or pennanent injuries, pain and suffering, probable future injuries, all loss of services, society, comfort of my spouse, children, or others, all property and economic damage, including but not limited to loss of value to my real or personal property, any relocation, moving or storage costs and ull otl�;;r loss or damage of any kind which I now have, have had or may have in the future, arising from or relating to the release, remediation, or presence of chemicals, contaminants, hazardous wastes, hazardous substances or to property conditions in the City of Buffalo, New York at or from the "LTV Site" and the "Hickory Woods Neighborhood" as defined in the Settlement Agreement to which this release is made a part of and incorporated therein, or in respect of those injuries and /or damages alleged in Melincla Acuff, et al. vs. The Hanna Furnace Corporation, et al., Index No.. 12001 -3942; Rose Andriaccio, et al. vs. National Steel. Corporation, et al., Index No.: I2000- 10578; Patrick Blake, et al. vs. National Steel Corporation, et al., Index No.: 12000- 006347; and Patricia Gilmour, et al. vs. National Steel Corporation, et al., Index No.: 12000- 10579. This .release will be binding on any of my representatives in any capacity including my heirs, executors, administrators, successors and assigns. In return this release, Defendants will deliver a settlement fund in the amount of $7,200,000 for the settlement of actions brought by me and as many as 227 other persons who claim injuries or damages arising from the lawsuits indicated herein. I understand that the portion of the settlement fund to be paid by me is not yet know and will be determined by the New York Supreme Court pursuant to a court- approved process for allocation of the settlement fund which has been described to me by my attorneys, and I understand that I will receive $4,000 from such settlement fund, plus an additional amount, if any, may be awarded by the Court. I understand that neither I nor, anyone else may appeal from the Court's award to me. I have not signed this release in reliance upon any statement to me about the amount I might receive from this settlement fund, other than the fact that I have been informed that I will receive $4,000 plus an additional amount, as may be awarded by the Court. I recognize that any exposure to chemicals, contaminants, hazardous wastes, hazardous substances or property conditions that I have had as indicated in my lawsuit in the past might cause conditions, injuries or diseases that I atn not aware of. By this release, I intend to release all claims for all such conditions, injuries or diseases. In witness of this release I hereby sign my name, today, , 2007. STATE OF NEW YORK } Ss: COUNTY OF ERIE ) Guardian or Natural Parent of On the day of in the year 2007, before me, the undersigned, a notary public in and for said state, personally appeared , personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his/her /their capacity(ies), and that by his/her /their signature(s) on the instrument, the individual(s) or the person upon behalf of which the individual(s) acted, executed the instrument. Notary Public IMIABOW09668w EXHIBIT "4" SE T T i,>11I' ENT REJ,E!.ASE 1, — , residing at _ the duly appointed representative of _ (hereinafter "decedent") under letters granted by the Supreme or Surrogate's Court of Erie County, New York on ' copies of which are annexed hereto, hereby release and discharge the City of Buffalo and the City of Buffalo Urban Renewal Agency, and any of their officers, directors, employees, agents or representatives in any capacity including their past and present officers, directors, employees and agcy: .its, their subsidiaries, affiliates, successors and assigns, and the heirs, executives, trustees, administrators, successors and assigns of any such persons and entities, from any and all claims, demands, causes and rights of action in law or equity for all personal injuries, including but not limited to medical expenses, temporary or pci manent in urics pai suffering, probable future injuries, all loss of services, society, comfort of my spouse, children, or others, all property and economic damage, including but not limited to loss of value to my real or personal property, any relocation, moving or storage costs and all other loss or damage of any kind which I now have, have had or may have in the future, arising from or relating to the release, remediation, or presence of chemicals, contaminants, hazardous wastes, hazardous substances or property conditions in the City of Buffalo, New York at or from the "LTV Site" and the "Hickory Woods Neighborhood,'.' as defined in the Settlement Agreement to which this release is made a part of and incorporated therein, or in respect of those injuries and /or damages alleged in Melinda Acuff, et al. vs. The Hanna Furnace Corporation, et al., Index No.: 12001 -3942; Pose Andriaccio, et al. vs, National Steel Corporation, et al., Index No.: I2000- 10578; Patrick Blake, el al. vs. National Steel Corporation, et al:, Index No.: I2000- 006347; and Patricia Gilmour, et al. vs. National Steel Corporation, .et al., Index No.: I2000- 10579. This release will be binding on any of my representatives in any capacity including my heirs, executors, administrators, successors and assigns. I understand that this release is binding on the estate of the decedent for whom I arn. the representative and his /.her distributes. In return for this release, Defendants will deliver a settlement fund in the amount of $7,200,000 for the settlement of actions brought by me and as many as 227 other persons who claim injuries or damages arising from the lawsuits indicated herein. I understand that the portion of the settlement fund to be paid by me is not yet know and will be determined by the New York Supreme Court pursuant to a court- approved process for allocation of the settlement fund which has been described to me by my attorneys, and I understand that I will receive $4,000 from such settlement fiend, plus an additional amount, if any, may be awarded by the Court. I understand that neither I nor anyone else may appeal from the Court's award to me. I have not signed this release in reliance upon any statement to me about the amount I might receive from this settlement fund, other than the fact that I have been informed that I will receive $4,000 plus an additional amount, as may be awarded by the Court. In witness of this release I hereby sign my name, today, ; 2007. STATPI' OF NEW YORK ) ) ss: COUNTY OF ERIE ) Personal Representative of On the day of ___ in the year 2007, before me, the undersigned, a notary public in and for said state, personally appeared , personalIy known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is /are subscribed to the within instrument and acknowledged to nee that he /she /they executed the same in his/her /their capacity(ies), and that by his /her /their signature(s) on the instrument, the individual(s) or the person upon behalf of which the individual(s) acted, executed the instrument. F3U L 11301 \708668\6 Notary Public Exhibit 5 13 UL11301170866816 , STATE OF NEW YORK SUPREME COURT COUNTY OF ERIE PATRICK BLADE and JENNIFER BLADE, et al., - Plaintiffs, Index No. I- 2000 - 006347 vs. NATIONAL STEEL CORPORATION, et al., Defendants. - - PATRICIA GILMOUR and KCMBERLY M. - = MUCCIACCIO = - Plaintiffs, Index No. 12000-10579,,,,, . VS. NATIONAL STEEL CORPORATION, et al., j Defendants. ROSE ANDRIACCIO, et al. Plaintiffs, a vs. Index No. I2000-10578 NATIONAL STEEL CORPORATION, et al., Defendants. MELINDA ACUFF, et al. Plaintiffs, VS. - Aex No. 12001 -3942 j NATIONAL STEEL CORPORATION, et al., Defendants. ORDER OF DISMISSAL By the Third Amended Discovery Scheduling Order granted July 15, 2004 (the "Order "), the 1 Court directed that all medical authorizations were to be provided to defendants by May 31, 2004. The July 15, 2004 Order further provided that, except for those plaintiffs who had already provided valid BUL[B0I\39450511 y ! medical authorizations, should any plaintiff fail to provide defendants with HIPAA- compliant medical authorizations by May 31, 2004, the claims for personal injuries of such plaintiffs, for any diagnosed injury up to and including the date of the Order of Dismissal, shall be dismissed, with prejudice and without fiu notice or motion, unless such plaintiffs bring a motion prior to that date to extend that date for cause. Defendants did not receive any medical authorizations, HIPAA- compliant or otherwise, from the following plaintiffs up to and including May 31, 2004, nor did the following plaintiffs bring a motion to extend that date for cause: Jennifer Blake, Patricia Gilmour; Kimberly M. Mucciaceio, Jose Mendez, Mary Mertz, James Mertz, Jr., James Mertz, III, Jonathon Mertz, Amanda Mertz, Christine Mertz, Richard P..A.rnmerman, Pauline V. Ammerman, Debra Nasca, Brenden Nasca, Robert D. Licata, Patrick R. Manaher, Nadine Cardis, Ronald Roux, Joseph McLeod, Karen L. McLeod, Michelle M. McLeod, Joseph M. McLeod, Jr., Laura A. McLeod, Michael Turpin, Ellen Turpin, Michael A. Tur 'pin, Shawn W. Turpin, Elizabeth A. Turpin, Linda Wright, Felix Rodriguez, Jane Rodriguez, Margaret Anne Answeehey, Robert Faries, Kimberly A. Brucz, Mazy A. Brucz, Jacqueline Campise, Russell Campise, Jr., Christopher Campise, Gary Carloni, Lynn M. Carloni, Thomas J. Carloni, David G. Carloni, Deborah Collins, Joseph P. Flanagan, Charles E. Dingeldey, Debra A. Dingeldey, Richard Cousins, Lisa Cousins, Angela Cousins, Michael Cox, Lori Cox, Cameron Cox, Thelma L. Henderson, Paul A. Dombrowski, Irene Dziadaszek, Larry D. Eggleston, Marlene Eggleston, Lawrence Eggleston, Michael Grabowski, Michael Grabowski, Jr., Suzanne Grabowski, Ashley L. Gaude, Peter Gugluizza, Alfred Harris, Kelly Harris, William Harris, Thomas Harris, Dennis Hurley, Larry Kenney, Dorothy P. Kenney, Tiffany Kerney, Amy A. Kenney, Dale Lewandowski, Luis Alberto Serrano, Samuel Lockwood, Jr., William Loder, Sr., William Loder, Jr., Eric Goble, Martha H. Mashlonik, Joel S. Mashlonik, Miranda D. Mott, Kevin McCooey, Theresa J. McCooey, Patrick C. McNamara, Holly J. McNamara, Shane P. McNamara, Caitlin. McNamara, Wayne Oates, Dolores Oates, Tajina Ross, Daniel B. Pattison Sandra J. Pattison, Gwendolyn Pettigrew, f T.eon B 6ULIBM59450511 6 _ r kti } „� �i Pettigrew, II, Angela C. Pettigrew, Leonard Qui -im, Kurt Ringwall, Jr., Charles Rodgers, Jr., Edwarri Rodgers, Lee W. Moore, John W. Rutledge, Alex Sanchez, Jennifer Sanchcz, Kristi Sanchez, Keith Schleicher, Jennifer Schleicher, Megan. Schleicher, Sara Schleicher, Andrew Schleicher, Timothy Schrader, Christine Schrader, Kaylee Schrader, Michael Seibold, James P. Smith, Robin J. Smith, Melinda M. Smith Matthew Smith, Rita Staxnpone, Michelo Story, Cynthia P. YN111, 1.✓�C,.l�j�i Wantuck, Alex Wantuck, Shawn Lake, Steven Lake, Walter Lake, James M. Wornaick, Karen J. Wornick, Richard Young, II, Gloria Barnes, David Sexton, Christopher Sexton, Aiyana Green, Kevin R. Zielinski, Denise Zielinski, Ashley. A. Zielinski, and Daniel K. Zielinski. Accordingly, it is hereby ORDERED, that based upon the foregoing, the claims for personal injuries for any diagnosed injury of the following plaintiffs be and hereby are dismissed with prejudice: Jennifer Blake, Patricia Gilmour, Kimberly M. Mucciaccio, Joseph R. Lorden, Tammy Butterbaugh, Jose Mendez, Mary Mertz, James Mertz, Jr., James Mertz, III, Jonathon Mertz, Amanda Mertz, Christine Mertz, Donna M. Gostomski, Matthew Woods, James Gostomski, Jr., Sharon Gostomski, Melissa Gostomski, Richard P. Ammerman, Pauline V. Aminerrnan, Debra Nasca, Brenden Nasca, Timothy Hassett, Diane Lynn Hassett, Robert D. Licata, Patrick R. Manaher, Nadine Cardis, Ronald Roux, Joseph McLeod, Karen L. McLeod, Michelle M. McLeod, Joseph M. McLeod, Jr., Laura A. McLeod, Michael Turpin, Ellen Turpin, Michael A. Turpin, Shawn W. Turpin, EIizabeth A. Turpin, Linda Wright, Felix Rodriguez, Jane Rodriguez, Melinda Acuff, Patricia R. Ando, Margaret Anne Answeeney, Robert Faries, Kimberly A. Brucz, Mary A. Bruez, Jacqueline Campise, Russell Campise, Jr., Christopher Campise, Gary Carloni, Lynn M. Carloni, Thomas J. Carloni, David G. Carloni, Matthew Collins, Deborah Collins, Joseph P. Flanagan, Charles E. Dingeldey, Debra A. Dingeldey, Richard Cousins, Lisa Cousins, Angela Cousins, Michael Cox, Lori Cox, Cameron Cox, Dennis Cunningham, Mabel Cunningham, Thelma L. Henderson, Paul A. Dombrowski, Irene Dziadaszek, Larry D. Eggleston, Marlene Eggleston, Lawrence Eggleston, Darryl Ellis, Dorothy BULIn01\594505\1 -3- Ellis, Alexander Ellis, Krishna Ellis, Mich ichael Grabowski, Miclxael Grabowski, Jr., Suzanne UraboWsKZ, Ashley L. Gaude, Peter Gugluizza, Alfred Harris, Kelly Harris, William Harris, Thomas Harris, Dennis Huxley, Larry Kenney, Dorothy P. Kenney, Tiffany Kenney, Amy A. Kenney, Russell F. Larocco, Dale Lewandowski, Luis Alberto Serrano, Samuel Lockwood, Jr., William Loder, Sr., William Loder, Jr., Eric Goble, Martha H. Mashlorlik, Joel S. Mashlorl k, Miranda D. Mott, Kevin McCooey, Theresa J. McCooey, Patrick C. McNamara, Holly J. McNamara, Share P. McNamara, Caitlin McNamara, James M. Montroy, Deborah Marie Montroy, James J. Neureuther, Susan D. Neureuther, Wayne Oates, Dolores Gates, Tajina Ross, Daniel B. Pattison, Sandra J. Pattison, Gwendolyn Pettigrew, Leon B. Pettigrew, II, Angela C. Pettigrew, Leonard Quinn, Kurt Ringwall, Beatrix Ringwall, Kurt Ringwall, Jr., Charles Rodgers, Susan Rodgers, Charles Rodgers, Jr., Edward Rodgers, Lee W. Moore, John W. Rutledge, Alex Sanchez, Jennifer Sanchez, Kristi Sanchez, Keith Schleicher, Jennifer Schleicher, Megan Schleicher, Sara Schleicher, Andrew Schleicher, Timothy Schrader, Christine Schrader, Kaylec Schrader, Michael Seibold; James P. Smith, Robin J. Smith, Melinda M. Smith, Matthew Smith, Rita Stampone, Michele Story, Cynthia P. Swiatkowski, Elaine Wantuck, Eric Wantuck, Alex Wantuck, Shawn Lake, Steven Lake, Walter Lake, Harvey Whitney, Rosemary Whitney, Kimberly Whitney, James M. Wornick, Karen J. Wornick, Richard Young, II, Gloria Barnes, David Sexton, Christopher Sexton, Aiyana Green, Kevin R. Zielinski, Denise Zielinski, Ashley A. Zielinski, and Daniel K. Zielinski. Dated: August , 2005 ENTER: Er !RICHARD F BROWN F3UL[8D l \5945D511 -4- Mr. Fontana moved: That the above communication froin the Office of the Mayor, dated January 3, 2008 be received and filed; and That the Common Council approve the Settlement Agreement and Order for Hickoiy Woods in the amount of $7.2 million from Law Department -- Judgment and Claims -- Prior Year (10546006- 480205) to a judicially sanctioned settlement account for distribution to the Plaintiffs by the State Supreme Court. Passed. I'AH:rmv 1 Awp00\ mswor&r'rnv \1 c I -S a.doc r� *AYE* NO * DAVIS FONTANA * * FRANCZ GOLOMBEK KEARNS LOCURTO RIVERA RUSSELL SMITH [MAJ- 51 * 9 * 0 [2/3 _ 6] [314 - 7 ] i`. . FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE CITY PLANNING BOARD 0000049 !.. MEGA T iVE DECLARATION NOTICE OF DETERMINATION OF NON - SIGNIFICANCE This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (SEAR -- 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 Osmose Holdings Inc. Location: 980 Ellicott Street Type of Action: Unlisted- Uncoordinated Description: Trautman Associates on behalf of Osmose Holdings Inc. located at 980 Ellicott Street, Buffalo New York is proposing to add a roof addition to contain mechanical equipment. A new data center will be located in an existing building along the north elevation of the existing two -story, masonry warehouse /office. The mechanical equipment for the data center, a new roof system, including perimeter walls, will be constructed approximately 7'0" above the existing structure. The interior renovations consist of new finishes including gysum board walls and ceilings, raised computer floor system, lighting, heating and plumbing modifications, The project will be privately funded with the estimated cost of this project being four hundred thousand dollars (400.000). 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: the project will continue to allow Osmose Holdings to remain a viable and successful business in the downtown Buffalo area. 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 Dated: December 18 CC: City Clerk City of Buffalo Public Works, Parks and Streets Department City of Buffalo Economic Development, Permits and Inspections Trautman Associates 12E(aE1VEfil AND FNLEID FROM THIS OFFICE Oli STRATEGIC PLANNING aVIYA-?WW # 1 (Rev. 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: December 24, 2007 FROM: DEPARTMENT: Office of Strategic Planning DIVISION: Real Estate SUBJECT: Response to B. Schifeling — Intentions for 1042 Ellicott Street Ellicott District PRIOR COUNCIL REFERENCE: (IF ANY) Item No. 76, C.C,P. 12/11/07 Ex. (Item No. xxx, C.C.P. xx/xx/xx) TEXT: TYPE SINGLE SPACE BELOW The above referenced item is a letter from B. Schifeling advising Your Honorable Body that S & T Properties of Buffalo, LLC. intends to acquire and renovate 1042 Ellicott Street for use as a place of residence for her son. S & T Properties of Buffalo, LLC has submitted cost estimates in the amount of Forty -Five Thousand Dollars ($45,000.00) for the repair /rehabilitation of 1042 Ellicott Street. A line of credit from M & T Bank in the amount of Sixty Thousand ($60,000.00) was also submitted to support the acquisition and repair of 1042 Ellicott Street. The Office of Strategic Planning, Division of Real Estate, recommends that Your Honorable Body approve the sale of 1042 Ellicott Street to S & T Properties of Buffalo, LLC, TYPE DEPARTMENT HEAD NAME: TIMOTHY E. WANAMAKER TYPE TITLE: EXECUTIVE DIRECTOR OFFICE OF STRATEGIC PLANNING SIGNATURE OF DEPARTMENT HEAD: TEW .JPH :plg Cresponseof 1042EWcottsale p,ECEIVED AND FILED Page 1 of 1 No. 6 Results of Negotiations 1042 Ellicott, 195'n dodge lot size: 25' x 100' assessed valuation: Land $1,300 total $6,000 (Ellicott District) The Office of Strategic Planning, Division of Real Estate, has received a request to purchase 1042 Ellicott Street from S & T Properties of Buffalo, LLC, 165 Lexington Avenue, Buffalo, New York 14222. S & T Properties of Buffalo, LLC intends to make repairs and renovations in the amount of Forty -Five Thousand Dollars ($45,000), in order to bring 1042 Ellicott Street into code compliance and use as a place of residence. The purchaser has provided the Division of Real Estate with cost estimates and proof of financial ability to acquire and rehabilitate 1042 Ellicott Street The subject property consists of 1,684 square feet, two story frame, one family home, in fair condition, acquired by the City through tax foreclosure in 2006 and is situated on a lot 25'x 100'. The 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 properties in the subject area. Sales range from Three Dollars and Fifty Cents ($3.50) to Five Dollars ($5.00), per square foot living area. The results of our negotiations are that S & T Properties of Buffalo, LLC has agreed and is prepared to pay Six Thousand Dollars ($6,000), Three Dollars and Fifty Cents ($3.50) per square foot living area. 5 & T Properties of Buffalo, LLC 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 1042 Ellicott Street to S & T Properties of Buffalo, LLC in the amount of Six Thousand Dollars ($6,000). t am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, REFERRED TO THE COMMITTEE ON FINANCE http: / /www. city - buffalo. conVWebSearchV 3 /index. aspx ?context = retrieve &maxsize = 2000... 10/16/2007 U ! -r«e flI!la*7 �aAP 1.21-q f 0 7 http: / /www. city - buffalo. conVWebSearchV 3 /index. aspx ?context = retrieve &maxsize = 2000... 10/16/2007 `0 # 1 (Rev. 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: December 31, 2007 FROM : DEPARTMENT DIVISION PRIOR COUNCIL REFERENCE: Office of Strategic Planning Real Estate SUBJECT: Results of Negotiations 1070 Ellicott, 124' S Northampton Vacant Lot: 31'x 150' Assessed Valuation: $1,900 (Ellicott District) The Office of Strategic Planning, Division of Real Estate has received a request to purchase 1070 Ellicott Street from Artspace Projects, Inc., Mr. Andrew J. Commers, 250 Third Avenue North, Suite 500, Minneapolis, Minnesota 55401. Artspace Projects, Inc. own 1219 Main Street and 19 Northampton Street, which are adjacent to 1070 Ellicott Street. The vacant lot will be used for extra green space for their project. The Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. The Division of Real Estate has investigated the sale of similar lots in the subject area. Sales range from Thirty -Five Cents ($.35) to Seventy -Five Cents ($75), per square foot. The results of our negotiations are that Artspace Projects, Inc. has agreed and is prepared to pay Two Thousand One Hundred Dollars ($2,100), Forty -Five Cents ($.45) per square foot for the subject property. Artspace Projects, Inc. 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 1070 Ellicott Street to Artspace Projects, Inc. in the amount of Two Thousand One Hundred Dollars ($2,100). 1 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. DEPARTMENT HEAD NAME: TITLE: SIGNATURE OF DEPARTMENT HEAD TEW:JPH:ck Resneg 1 67Del licottlsafes TIMOTHY E. WANAMAKER EXECUTIVE DIRECTOR OFFICE OF STRATEGIC PLANNING --CL wm • 3 2 _ " 16i PL. NORTHAMPTON o �k ' • � �� c�0!l7HyMPTITN �' r u � h n 1 4 w 0 k k IN +� k O k � . .... �,.. ..z.r e 2 _ " 16i PL. N o �k ' • � �� c�0!l7HyMPTITN �' r u n 1 4 w k k k O k � . .... �,.. ..z.r e Fil v f N �f �k ' • � �� c�0!l7HyMPTITN �' n 1 4 w Mr. Fontana moved: That the above communication from the Office of Strategic Planning, Division of Real Estate, dated December 31, 2007 be received and filed; and That the offer from Artspace Projects, Inc., Mr. Andrew J. Commers, 250 Third Avenue North, Suite 500, Minneapolis Minnesota 55401, in the sum of two thousand and one hundred dollars ($2,100.00) for the purchase of 1070 Ellicott 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 0 TAB muv tAvvp6Panswordlnnvl4c E - 8a,doc \J *AYE* NO * DAVIS RIVERA FONTANA RUSSELL * FRANCZYK SMITH GOLOMBEK KEARNS * '� LOCURTO RIVERA RUSSELL SMITH [-------- - - - - -] [MA7- 51 * 9 0 [ 2/3 - 6 [3/4 _ 7] 060005 # 1 (Rev. 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO. THE COMMON COUNCIL: DATE: December 19, 2007 0 1 1 6 3 Al 9-0 not I u DIVISION: Office of Strategic Planning Real Estate SUBJECT: Results of Negotiations 436 Rhode island,92' NE Brayton Vacant Lot: 30' x 100' Assessed Valuation: $4,400 440 Rhode Island, 60' SW Eighteenth Vacant Lot: 30' x 100' Assessed Valuation: $3,000 (Niagara District) PRIOR COUNCIL REFERENCE: The Office of Strategic Planning, Division of Real Estate has received a request to purchase 436 and 440 Rhode Island Avenue from 426 Rhode Island LLC, Mr. Blair Woods, 426 Rhode Island Avenue, Buffalo New York 14213. 426 Rhode Island LLC owns adjoining property at 426, and 432 Rhode Island. Together these parcels will be used for storage for the garden business. The Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. The Division of Real Estate has investigated the sale of similar lots in the subject area. Sales range from Eighty Five Cents ($.85) to One Dollar and Twenty Five Cents ($1.25), per square foot. The results of our negotiations are that 426 Rhode Island LLC has agreed and is prepared to pay Six Thousand Dollars ($6,000), One Dollar ($1.00) per square foot for the subject properties. 426 Rhode Island LLC has also agreed to pay for the cost of the transfer tax and recording fees. am recommending that Your Honorable Body approve the sale of 436 and 440 Rhode Island in the amount of Six Thousand Dollars ($6,000). 1 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. DEPARTMENT HEAD NAME: TIMOTHY E. WANAMAKER TITLE: EXECUTIVE DIRECTOR OFFICE OF STRATEGIC PLANNING SIGNATURE OF DEPARTMENT HEAD: TEW:JPH:ck� Resneg436 &44Drhodeisiandlsales CO ON COMWUNITY DEVELOPMENT. 6 22 g,a � 5 \ s 7 13 m 3.1 � 2 q 17 3 / Lti��� \ rd / �� / 4 a ` f\ c �2�1 2 ` �\ 32, 25 �?° r t / t m p fi �� 9� 9/// J �/ \ \yy ' 27 i� 1Q.1 Cp 76 10 3 y 6 29 20 ° / 3r , .2 ¢S�¢G�v \\ 43 �a 8 } \v 13 �'� ' ��'0 t ' �/ 25 15 •� °\ 3 _ � � °q � \ 6 \ 7 `// \s r 28 22 s � 42� \ f5/ S / 5 \ c \ 7 �. l / $\ 3 2 \ .r ,E 27 12 sd 4 / \ 4 1 27 24 s 40 2 4 \\ M1a 4 5 °m �J \> 1 A �s \ J \`� - / a }M1 31 1 4. 1 c \6 s1 S \ 25 is / 84 10 t 6 38 0\ \ 24 \`$ o S `� �, 6 6 t 1 37 / 6 \ s 23 sz e \ 41 40 3 \ o\ . 25 /// 17 0 oD \ / / 4 1 *`Rh, 7 \\ s\ /' // 12 36 22 \ ° J " \ 22 / 34 }M1 ao 15 � � / M1� 5 a a , o c 29 7 ,4A 1. $ to 19 4 1 ' e \ 37 ws 2d \\ .1% t 0 14,2 39 2p �, \ /�� o\ \ 3t M1 r\ 37 yo 5.1 ca r6 � o y° " o w �'� ` ° 2g \ \ � J a� e \\ h' 1 9 14. # 15 + \ a 2s \ 10 \° zt �. \ 3s 2l / 96 \ 2 \ °a 2 � 'e \ \ 7 39.1 1 �° sa ,cP s °�, 1ao 3Q `5\ \ � �^ 1.0 P , 2� \ 5 18 23 16 0V f� 32 ��� 'cA A'm 35 i / � �� 21 ro\ P ZG 32 i !'7' c 42 /t -1 zs it s 12 \ a �74 a 2S 17 3t // f� /Sa sr v omyr \ M1$ T9 ta i s 22 a / ,,\ \ � 30 ,00 / 34 I 33 40 ��. o. 0 27 ff` s /' 3 \ ^ 2L 12 \ � � .r Z� M1h 7 q 1 J /^ \ s 4' Z ryry O .+ „7 / � // 24 ze o, 5 . / s a g / 14 � \\ 32// / 29 / 19 \ \ ' / / j 0a b 98 \\ 24�\.� y ac b j, 10 Z \� \/ y� 23 //' BP o/ 6 �\ ° 3r Yo \ cif M1 3. 25 o 28 \ 39-2 20/ s6 sl 26 1� "/ 6 �1/ s 3$ ° / to i6 v. \/ 33 , J�2i 27� 1 1 3i. 0 \\a i 8. Y �' 7 7 / \ 3 \ \ j/ / .k 1 O� 1 t 7 J � � „ab S 9 y '� / / II AV 32 ° �. y`,. 6 7 \ 92 1 e 18 ` ti .�^ ti , l v d C• : C c s� 29.1 / da e� a f0 .3d •s� ig s �� \ A 34 e ra ✓ '\ ae y � . / 1 / / / �,; 22 b : / 4 C , - . -- f s\ 3\\ \. jg\ 21 \ 36 \ , �o .e \\ \ /' ft l 0 OOD \\ 1s 22 c 1 y 2f ` 3 �; `v \ 90 `n 'a o \`b �a \ 3 \, 26.1 \. `O D ' S > tti y \ 1 5 4 A s a. '; ,f\ oa\1 ��M1w. ` wp \ "c ' 's � 3 C4 \ �/� 4na \. 31 3G 29 28 27 \26� 25;�'� A � f a s ' \' 3: aa� 33 \ \ \ / 35 " 35 m 34 32.1 > \/ 31 �\ 34 \ P9 s 28 as 26� 3^ us.osisl 25 w '6,1 BLOp Mc tas .` 30 �sls1 z� 79 \ ED BY NOTES ERLI{E Nt5 AAP hAS PR£PAREb FER 7Ax PURPOSES ONLY '^`°`° AND 1 5 NQ? 1II BE REPRODUCED OR USED '.0 FCF EDR SURVEYING OR CONVEYANCING. rPERIY TAY. SERVICES u.a coxt:Ra :a Tu AuTOC oionu ropwut ev YORK" Q 19$1 wulnlCaL SUKVIVS #K. 1N LpC1PfRPTICYt YIIFH �.. lt[LLCR WPPU+C Ilf�_ Npy, 5991 �- Tv —'Y • -WEST UITCA S7-- //7 �- /� �� 3.59 33, \ 3" R£viSipN ?ABLE SPECIAL DISTRICTS BY CHWUOE5 OR AbPITIONS SCPppi RVffµo pCgLR' SC DOL DferP�t IIRr:1NaG[ LEGEND YWPCFlIV LR1L OHRrC�3Ull Sl1PLpi Lµ {E ---- -- - - -- 1 0*N LINE + LLACC Lr3C rrPr D,5mcT LrnL CQMU N C 'm, CRV pf BlrFf nLG rME "iPoOl SLWCR Ri1LRGaC — aLWC 1W - -- WakCP $TAEN.i CIF mc. ^ ` FARM LOT LINE - -_— SCHCOL fYStRICT ^^^ $CN— SAY VAP accx Np- POAO aR R }gpa"D 8r0 LINE WATEP L ^--»'^ N-- I— WP pgPCEi NL "LEU Platy Ll r1, COVwl' LINE SC*ER U'STWI LW — 5-µ»m- F,w iv NO. 14 FROM THE COMPTROLLER "",7 40 10 0 Certificate of Necessit Transfer of Funds Fringe Benefits - PFRS Police We, Byron W. Brawn, Mayor and Andrew A. SanFilippo, Comptroller, do hereby certify, pursuant to §20 -1.2 of the Charter, that it is necessary that the sa:m of $890,560 be transferred and reappropriated from Fringe Benefits - PFRS, as set forth below: From: Fringe Benefits 17303002 - 423002 PFRS To: Police 12003001-411001 Salary Dated: Buffalo, NY, January 8, 2008 $890,560 $890,560 MAYOR RECEIVEj)'ANb FILED Comptroller i� `� rage i of t A Ford- SCi arri no ,Anne From: Estrich,Donna Sent: Tuesday, January 08, 2008 90:58 AM To: SanFilippo,Andy Cc: Forti- Sciarrino,Anne; Farina,Tony Subject: FW: Budget Transfer From: Stefko, Joseph [ mailto: Joseph.Stefko @bfsa.state.ny.us] Sent: Tuesday, January 08, 20018 10:55 AM To: Estrich,Donna Subject: Budget Transfer Donna, You have requested a note explaining why BFSA feels it is necessary to complete a budget transfer to enable the hiring of new police officers. The City has requested a waiver to the hiring freeze to hire 44 additional police officers. In order to fund those hires, the City has also requested BFSA approval of a budget modification for $1.17 million. However, there is a timing issue. The City wishes to have the hires completed in advance of January 21 st, when a new class of police recruits will begin. By contrast, BFSA will not be able to consider the budget modification until January 28th, at its next regularly scheduled meeting. Therefore, the timing is such that BFSA would be approving new personnel WITHOUT funding yet in place.for those personnel. Neither our Chair nor Vice Chair were comfortable approving hiring freeze waivers weeks in advance of the $$ being approved, and believed that their doing so would force the Board's hand to vote in favor of the budget modification on January 28th. As we have discussed, I believe a budget transfer would be an appropriate solution. The transfer, which does not require BFSA approval, would make funds available immediately and enable the hiring freeze waiver to be approved. Then, at our January 28th meeting, BFSA could entertain the City's budget modification request to "backfill" the transferred funds. I think the budget transfer solves this issue, but please let me know if you have concerns or questions. Joseph V. Stefko, Ph.D. Acting Executive Director Buffalo Fiscal Stability Authority 617 Main Street, Suite 400 Buffalo, New York 14203 ofe 716.853.0907 fax 716.853.9052 j c sepli.stefko t� bfs_a 5tate.ny,us 01/08/2008 19 FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS 10-1 0 0007 #1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: December 18, 2007 PROM: DEPARTMENT: Public Works, Parks and Streets DIVISION: Engineering SUBJECT: PRIOR COUNCIL, REFERENCE: (IT ANY) Ex. (it No. xxx C. P . xx /xxlxx NO STANDING - 'REPEAL [: Notification Serial #10201 [: No Standing - Repeal j: on Court Street, north side [: between Main Street [: and Pearl Street [: ( Ellicott District) In conformity with Section 49 of Chapter 479 of the Ordinances of the City of .Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 22 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the .following: NO STANDING PROIIIBITI I:) PORTION OF HIGHWAY Court Street, north side between Main Street and Pearl Street PROHIBITFI.1D PERIOD - DAILY At all tines This action is being; taken to provide short -term metered on- street parking, as requested by Buffalo Place. (see next 2 serials) C IDAi-C /MGM /RWS TYPE DEPAWI'MEN`.f HEAD NAME: TYPE TI'T'LE SIGNA`rtJl�l, Of DEPARTMENT FIEAD: [CovinhtaiaiPc�utx�;a� David A. I lormMg , P.E. Acting City Engineer f Ill (Rev. 1/93) S1NGLI PAGI- COMMUNICATION TO TIi ." COMMON COUNCIL TO: THE COMMON COUNCIL DATE: December 18, 2007 FROM: DEPARTMENT: Public Works, .Parks and Streets DIVISION: Engineering SOBJE"CT: PRIOR COUNCIL REFERENCE: (IF ANY) Ex. ( Item No. xxx, C.C.P. xx /xx. /xx MITERED PARKING, - INSTALL [: Notification Serial 1110202 [: Install Metered Parking [: on Court Street, north side (: between Main street [; and Pearl Street [: (except No Standing and No Parking areas) ( Ellicott District) In conformity with Section 49 of Chapter 479 of the Ordinances of the City of 130 the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 ofthe Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an itern business. That that part of Subdivision 25 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: METERED PARKING METERED PARKING LOCATION PERIOD OF METERED PARKING Court Street, north side 15 Minute Maxitnurn between Main Street 8 am r. to 5 p.m. and Pearl Street Monday - Friday (except No Standing and No Parking areas) RAT OF METERED PARKING Rate A 5,25 per 15 minutes This action is being taken to provide short -term >netered on- street parkin;, as rednested by Buffido 'Place. (see previous and next serials) SJS /DA l I /MGM /RWS TYPE 'D.EPARTMI?:N1" IIEAD NAME: David A. Hornung, P.E. TYP TITLE: Acting City Engineer SIGNA"T"URE OF DEPARTMENT HEAD: ( lnoirFbl :tiiiP��arllnsl:ttFhlzler�j c 'dI (Rev. 1193) SING PAGE COMMUNICATION TO THI COMMON COUNCIL TO: THE COMMON COUNCIL DATE: December 18, 2007 FROM: DEPARTMI N "T: Public Works, Parks and Streets DIVISION: Engineering St.JBJI"CT: (: Notification Serial 1110203 [: Install No Standing [: on Court Street, north side [: between a point 125 feet west of the west curb of Main Street and a point 70 feet. west therefrom [: ( Ellicott District) PRIOR COUNCIL REFERENCE: (lh ANY) [: Ex, (R ein No. xxx, C.C.P, xx/xx /xx) NO STANDING - INSTALL, In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Ilonorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty Iive days after the first Council meeting at which they appear mi the agenda as an item business. That that part of Subdivision 22 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: NO STANDING PROIIIBITED PORTION OF I IIGHWAY PROHIBITED PERIOD Court Street, north side A. all times between a point 125 feet west. of the west curb of Main Street and a point 70 feet west therefrom This action is being taken to provide short -term metered on- street parking, as requested by Buffalo Place, and NFTA. (see previous 2 serials) S . /DAH /MGM /RWS TYPE DEPARTMENT HEAD NAMT;: David A. Hornung , P.E. TYPE TITI.,E: Acting City Engineer SI GNATURE OF DEPAR'T'MENT IIIAD: � - #I Rev. 1/93) 00008 SINGLE PAGE, COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: November 27, 2007 FROM: DI PAIU'MF,NT: Public Works, Parks and Streets I)IVISION: Commissioner's Office SUBJECT: (: Authorizing Inter Municipal Agreement Recycling; Coordination/Outreach Funding and Project Description PRIOR COUNCIL, REFERENCE: (IF ANY) [: Ex. (Item No. xxx, C.C.P. xx /xx /xx) Permission is hereby requested to authorize the Mayor to enter into an agreement with Erie County, where the purpose of the agreement is to outline the duties and responsibilities concerning the m1plementing of a recycling education project as funded in part by a grant from the State of New York Department of Environmental Conservation. That the Mayor is authorized to transfer no more than $35,000.00 annually for the years 2007 and 2008 from the Allied Waste Recycling Account to Erie County as the City of Buffalo's local share of the program. TYPE DEPARTMENT MEAD NAME: Steven J. Stepniak TYPE TITLE: Acting Commissioner of Public Works, ar and Streets SIGNA`I'URF' OF DEI ARTMENT HEAD: SJ S /crag Mr. Fontana moved: That the above communication from the Acting Commissioner of Public Works, Parks and Streets dated November 27, 2007, be received and filed; and That the Mayor be, and he hereby is authorized to enter into a Intermunicipal Agreement with Erie County for Recycling Coordination /Outreach Funding. The Comptroller be, and he hereby is authorized to transfer no more than $35,000.00 annually for the years 2007 and 2008 from the Allied Waste Recycling Account to Erie County as the City of Buffalo's local share of the program Passed 7 TAB:rmv tAwp601mswordl: nnvl7c 1- 8a.doc C *AYE* NO * DAVIS FONTANA * * * FRANCZYK GOLOMSEK KEARNS * * * LOCURTO RIVERA * *_ * * RUSSELL * * * SMITH (-------- - - - - -I MAJ - 51 * 9 _* 0 [ 2/3 - 61 [3/4 - 71 ��oq -�� 41 (Rev. 1/93) SINGL WAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: December 19, 2407 FROM: DEPARTMENT: Public Works, Parks & Streets DIVISION: Engineering SUBJECT: [: The Buffalo Skyway [: .Maintenance and [: Closure Issues PRIOR COUNCIL REFERENCE: (IF ANY)[: Item No. 138; C.C.P.12/11/07 In response to the request made by Your Honorable Body concerning the above mentioned item, the Department of Public Works, Parks and Streets is offering their comments on the street lighting service issues as addressed in the November 5, 2407 letter from Natinal Grid below. Nationl Grid coducted a meeting to discuss the conduit issues on the Skyway. Listed below are the items National Grid would need: • Nominal 2" Conduit • Radius sweeps of 18" • Duct at same elevation as access cover on poles (flex conduit) • Need a "pass through" approach to get from one light standard to the next • No conditions that create undo safety hazards or require specialized equipment National Grid's recommendations include the conduit being mounted on the jersey barrier (by NYSDOT). This top mount could then provide a "pass through" approach. To addition, National Grid is also looking into using a "T- Base" (transformer base) type set-up, whereas the standards would be picked up (approximately 18 ") and a T -Base would be installed between the jersey barrier and the standard. This base could then be utilized as a junction box and the pass through raceway for the connecting conduit. We never contacted one of our vendors regarding the product availability and potential costs. Furthermore, National Grid also had questions regarding the specs on the drawings and the as built field conditions. Our crews would like to meet with NYSDOT staff to gain access underneath the structure at the low points (Church Street) to compare field conditions and drawing specs. It was also proposed that a future meeting be held with representatives of the Department of Public Works, Parks and Streets, National Grid and NYSDOT. SJS:cam Department Head Name: Steven J. Stepniak Title: Acting Commissioner of Public Works, Parks & Streets REFERRED THE COQ T ON Fla SIGNA'T'URE OF DEPARTMENT HEAD: f cc: David Hornung, P.E., City Engineer e. Michael P. Kearns, Waterfront Development Committee (cc121907.doc) Council Staff Chief of Staff Paul W. Wolf, Esq. 0 Legislative Staff Manager !Nary H. Baldwin Senior Legislative Assistant av James S. Pajak !� _ , v AA.V A A.� 1 1 1 4 , r �� �� I trrt101l V..0 - 1 - tCtt CITY OF BUFFALO December 12, 2007 Mr. Steven Stepniak Acting Commissioner Department of Public Works & Streets Room 502 City Hall Buffalo, NY 14202 Dear Commissioner Stepniak: Senior Legislative Assistants Miily Castro At the Common Council meeting held on Tuesday, December 11, 2007, the Lisa M. Collin following item was referred to the Waterfront Development Committee and to Mark J. Jaskula your office for a response: Jacqueline E. Rushton Legislative Aide Item #138, C.C.P. 1211 "The Buffalo Skyway Maint. & Karen D. Privateer C10511re Issues" 65 Niagara Square, Room 1413 Please review the enclosed items and address and file your comments and/or Buffalo, New York 14252-3318 Phone: (718) 851 -5155 recommendations with the Common Council, 1308 City Hall, by 2:00 PM Fax: (716) 851 -4234 Thursday, December 20, 2007. Your assistance is greatly appreciated. Sincerely yours, lr . .9 ACQUELINE E. RUSHT N Senior Legislative Assistant Encl. -1 �a RESOLUTION By: Mr. Kearns Co- Sponsors): RE: The Buffalo Skyway Maintenance and Closure Issues E C I t 2007 Whereas: Throughout the country there is growing interest regarding the Federal and State Departments of Transportation infrastructure rightsizing initiatives especially when the arteries to be constructed or reconstructed are intended to reduce construction and maintenance cost and reduce congestion and improve traffic flow; and Whereas: The Skyway Bridge and the NYS Route S corridor are included in these efforts by virtue of their need for substantial and on -going maintenance and the anticipated reduction in expected traffic volume as a result of changing traffic patters from the elimination of tolls on adjacent and alternative roadways; and Whereas: National Grid officials recently met with the New York State DOT and Buffalo Department of Public Works to discuss the continued deterioration of the street lighting conduit which has minimized and severely impacted the ability to maintain proper electrical lighting for users of the Skyway Bridge and the NYS Route S corridor; and Whereas: In a letter to Mr. John J. Picard, P.E., Regional Bridge Maintenance Engineer Department of Transportation State of New York, Mr. Ronald Lelonek of National Grid states "The company's main concern is our inability to provide safe and reliable street lighting service to the City of Buffalo on this major artery"; and Whereas: It understood that the NYS Department of Transportation is the owner of the standards, foundations and conduit system as these faculties were installed as part of the original NYS funded construction: It is also understood that pursuant to an agreement with the NYSDOT, that the maintenance and replacement of certain state -owned lighting is the responsibility of the City of Buffalo.; and Whereas: As the winter season approaches, the combination of decreased visibility, wind conditions, blind spots and snow storms together with the lack of proper lighting, increases the risk to users of these roadways; Whereas: As a result of potentially unsafe conditions, and to protect the users of this roadway and eliminate the potential for accidents, the City of Buffalo Police Department has had to remove from patrol service, four police vehicles from the A District and two police vehicles from the B district to restrict access to this roadway; and Whereas: The removal of approximately six police officers and their police vehicles from service severely impacts their ability to suppress crime and reduces the amount of available manpower and equipment to respond to other emergencies, Novo, Therefore, Be It Resolved: That the Common Council hereby respectfully requests that the New York State Department of Transportation offer their public comment on the issues cited herein to include a notification of the expected release date for the departments soon to be completed study of the Skyway Bridge and its anticipated life - cycle. Now, Therefore, Be It Farther Resolved: That the City of Buffalo Department of Public Works also offer comment on the street lighting service issues addressed in the November 5, 2007 letter from National Grid. Now, Therefore, Be It Finally Resolved: That the City of Buffalo Police Department provide this Honorable Body with statistical information regarding manpower, equipment and safety issues that result from temporary closure of the Skyway Bridge. rt� 00 - 0010 #1 (Rev. 1193) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: December 21, 2007 FROM: DEPARTMENT: Public Works, Parks & Streets DIVISION: Buildings SUBJECT: [: Change in Contract [: Broadway Garage [: Asbestos Abatement [: Ellicott District PRIOR COUNCIL REFERENCE: (IF ANY) [: EX. (ITEM NO. CCP ) TEXT hereby submit to Your Honorable Body the following changes for the Broadway Garage, Asbestos Abatement, MCS Remediation, Inc., C #93000044. 1. Removal of approximately 175 linear feet of pipe insulation from Fire Headquarters. Add $ 15,679.50 The foregoing change results in a net increase in the contract of Fifteen Thousand Six Hundred Seventy Nine and 501100 Dollars ($15,679.50). Summary: Current Contract Amount Amount of This Change Order ( #1) Revised Contract Amount $133,444.00 Add $ 15,679.50 $149,123.50 Costs have been reviewed by the consulting engineer, Wattts Architecture & Engineering, and the Department of Public Works, Parrs & Streets and were found to be fair and equitable. Funds for this work are available in 38320906 445100 - Division of Buildings. �S SJSIDAHIdlg cc: Comptroller C. Serafin, Bldgs. Department Head Name: David A. Hornung, P.E. Title: Acting City Engineer For: Commissioner of Public Works, Parks & Streets Signature of Department Head. c �ti N Mr. Fontana moved: That the above communication from the Acting Commissioner of Public Works, Parks and Streets dated December 21, 2007, be received and filed; and That the Acting Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue Change Order No. 1, to MCS Remediation, Inc., an increase in the amount of $15,679.50, as more fully described in the above communication, for work relating to Broadway Garage, Asbestos Abatement, C #93000044. Funds for this project are available in 38320906 445100 - Division of Buildings. Passed 9 TAB:rmv t: %vpWmswordl:rmvl9c1- 8a.doc C tr . *AYE* NO * DAVIS FONTANA * * FRANCZYK * '� GOLOMBEK * '� * * * KEARNS LOCURTO * ' * * * RIVERA * * * RUSSELL * * * SMITH * * * [-------- - - - - -) [MAJ- 51 * * 0 [213 - 6] [ 3/4 - 7 1 0 9 1). #I (Rev. 1/93) SINGLE PAGE COMMUNICATION TO TUE COMMON COUNCIL TO: THE COMMON COUNCIL .DATE: November 15, 2007 FROM: DEPARTMENT: Public Works, Parks & Streets DIVISION: Engineering SUBJECT: [ Change in Contract Crackfilling of City Pavements - 2007 (: Gr. #665 -Thomann Asphalt, Inc. [: Contract #93000002 PRIOR COUNCIL REFERENCE: (IF ANY) [: Item #14 of 4/17/07 I Hereby submit to Your Honorable Body the following request for additional work to the above named project. This change order is necessary to crackfill the fallowing locations: DO aw Ee District Delaware Avenue — Gates Circle to Nottingham West Delavan -- Chapin Pkwy. to Main Street Masten District East Delavan — Main. to Grider Contract ltem DescriUtitin 04.400 Plastic Joint Material 12,110 Maintenance & Protection of Traffic 90.500 Miscellaneous Construction Allowance Existing Contract Amount Increase in Contract Total Contract to Date Increase in Contract. $40,062.50 $96,875.00 $40,062.50 $136,937.50 I respectfully certify that ibis change order is fair and equitable for the work involved, and respectfully request that Your I lonorable Body approve the subject change order and authorize the Commissioner of Public Works, Parks & Streets to issue said change order to Thomann Asphalt, Inc. from Capital Project Account #30032106-445100. PAG :MJZ:IIf cc: Steven J. Stepniak Bill I teinhold TYPE DEPARTMENT HEAT] NAME Paul A. Gareis, P.E. TYPE TIT. LE: City Engineer SIGNATURE OF DEPARTMENT HEA - i Estimated Estimated Unit Quan tit Cost Gallons 2,125 $30,812.50 Per Day 5 days $7,250.00 Lump Sum 100% 2 0 00.00 Increase in Contract. $40,062.50 $96,875.00 $40,062.50 $136,937.50 I respectfully certify that ibis change order is fair and equitable for the work involved, and respectfully request that Your I lonorable Body approve the subject change order and authorize the Commissioner of Public Works, Parks & Streets to issue said change order to Thomann Asphalt, Inc. from Capital Project Account #30032106-445100. PAG :MJZ:IIf cc: Steven J. Stepniak Bill I teinhold TYPE DEPARTMENT HEAT] NAME Paul A. Gareis, P.E. TYPE TIT. LE: City Engineer SIGNATURE OF DEPARTMENT HEA - i r� Mr. Fontana moved: That the above communication from the Acting Commissioner of Public Works, Parks and Streets dated November 15, 2007, be received and filed; and That the Acting; Commissioner of Public Works, Parks and be, and he hereby is authorized to issue a change order to Thomann Asphalt, Inc., an increase in the amount of $40,062.50, as more fully described in the above communication, for work relating; to Crack filling of City Pavements - 2007, C #93000002. Funds for this project are available in Capital Project Account #30032106 445100. Passed 10 TAB:rmv t A%vp60 'unsword\:nnv\ I Oc I - 8a.doc *AYE* NO DAVIS FONTANA * * FRANCZYK GOLOMBEK KEARNS LOCURTO RIVERA * *` * * * RUSSELL * * * SMITH * * * ------------- [MAJ- 51 * 9 * o [ 2/3 - 61 [3/4 - 71 #2 (Rev. 1/93) MULTIPLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL PROM: DEPARTMENT: DIVISION PRIOR COUNCIL REFERENCE: (IF ANY) Ex. ( Item No. xxx, C.C.P., xx/xx /xx DATE: December 7, 2007 Public Works, Parks and Streets Engineering SUBJECT: [: New Vehicle for Public Works I� The City of Buffalo is in possession of a donated 20 passenger bus. The Department of Public Works is hereby requesting Your Honorable Body's permission to allow the City to accept ownership of this vehicle. It is a 2002 Ford 20 passenger bus V.I.N. IFDXE45S22HA49654. The vehicle was donated by the State of New York and will be used to transport Public Works cleaning crews through out the City. SJS:DJP CC: Charles A. Masi Tom Laudico Kathy Fitzpatrick TYPE DEPARTMENT MEAD NAME TYPE TITLE Steven J. Ste niak. Acting Commissioner of Public Works SIGNATURE OF DEPARTMENT HEAD: �� Mr. Fontana moved: That the above communication from the Acting Commissioner of Public Works, Parks and Streets dated December 7, 2007, be received and filed; and That the Acting Commissioner of Public Works, Parks and Streets be, and he hereby is authorized on behalf of the Department of Public Works to accept ownership of a 2002 Ford 20 passenger bus V.I.N. IFDXE45S22HA49654. Passed 11 TAB:rmv t A%vp601mswordl: rmvll I e I - Sa.doc \ T~ DAVIS * * * _ * * FONTANA * * * * * FRANCZYK * _ * GOLOMBEK * * * _ * * KEARNS _ * * * LOCURTO * * _ * * * * RIVERA * * * * * RUSSELL * * * * * SMITH * * * * * [-'--'---- * * * - ' - - - |2�/�/' �� * �� * � * - - - - - * * * /3/3 - 61 #1 (Rev. 1/93) SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL DATE: December 21 2007 FROM: DEPARTMENT: Public Works Parks & Streets DIVISION: Buildings SUBJECT: [: Report of Bids [: Gates Circle Fountain [: Emergency Reconstruction of Stone Benches [: Job #0767 [: Delaware District PRIOR COUNCIL REFERENCE: (IF ANY) [: EX. (ITEM NO. CCP TEXT On November 18, 2007, a private citizen ran into the Gates Circle Fountain with his automobile causing substantial damage to the stone benches. The Office of Planning & Design has been in contact with Geico Insurance to provide them with all information needed for this claim to be expedited in a timely manner. The Commissioner of Public Works, Parks & Streets has declared an emergency and is entering into an agreement with Morris Masonry to reconstruct the Stone Benches at the Gates Circle Fountain. Morris Masonry $34,365.00 40 Appenheimer, Buffalo, NY Thomas Johnson, Inc. $56,000.00 3566 N Buffalo, Orchard Park, NY Highland Masonry No Bid 33 Ransier, West Seneca, NY Funds for the work are available in 30320606 445100 - Division of Buildings. The majority of this money will be credited to this account when we receive the compensation check from Geico Insurance. SJS /DAH /dlg cc: Contract Compliance Office Chris Serafin, Buildings Department Head Name: David A. Hornung,, P.E. Title: Acting City Engineer For: Signature of Department Head Mr. Fontana moved: That the above communication from the Acting Commissioner of Public Works, Parks and Streets dated December 21, 2007, be received and filed; and That the Acting Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to award an emergency contract for Gates Circle Fountain — Emergency Reconstruction of Stone Benches, Job #0767, to Morris Masonry, the lowest responsible bidder, in the amount of $34,365.00. Funds for the project are available in 30320606 445100 - Division of Buildings, the majority of these fiends will be credited to this account when Public Works receives. compensation from Geico Insurance. Passed. 12 TAB:rmv tAxvp60\msword\rmv\I2c 1 - 8a.doc *AYE* NO * DAVIS FONTANA FRANCZYK GOLOMBEK KEARNS LOCURTO * * * RIVERA RUSSELL * SMITH [ MAJ - 51 * 9 * 0 [2/3 _ 6] [314 - 7 ] 113 (Rev 1 -02) A Certificate of Appointment In compliance with provisions of Section 24-2 of the Charter and Chapter 35-I of the Ordinances of the City of Buffalo, I transmit this certification of appointment(s) or promotion(s). I further certify that the person(s) nanred in Schedule "A" have been certified or approved by the Human Resources /Civil Service for the Appointment Effective: 1/07/0t in the Department of Division of Public Works Engineering to the Position of Administrative Assistant Permanent, Provisional, Temporary, Seasonal (Insert one) PERMANENT Appointment, Promotion, Non - Competitive (Insert one) APPOINTMENT Minimum, Intermediate, Maximum, Flat (Insert one) MAXIMUM Enter Starting Salary) : Starting Salary of: $38,584 LAST JOB TITLE Chief NAME Charlene Bucino LAST DEPARTMENT Treasury DATE 1108 ADDRESS 15 Hobmoor Avenue LAST SALARY $36,193 CITY & ZIP Buffalo, NY 14216 LAST 4 DIGITS OF SSN. XXX -XX -0068 LAST JOB TITLE LAST DEPARTMENT LAST SALARY NAME DATE ADDRESS CITY & ZIP L AST 4 DIGITS OF SSN. XXX - XX- REFERRED TO THE COMMITTEE ON CIVIL SERVICE BUDGET ORG. CODE 1000 TITLE CODE NO 6040 BUDGET ACCT. OBJ. 13100001 PROJ. ID 411001 PERSONNEL REQ. NO 2006 -129 SALARY RANGE OF POSITION $33,545 - $38,5$4 PER YEAR DAY HOUR YEAR REASON FOR APPT. ABOVE THE MINIMUM: In accordance with Local 650 contract employee is entitled to start at step which is at least $250.00 greater than current salary, that would entitle this employee to start at Step 5. Individual is a three step employee. NAME OF APPOINTING AUTHORITY: TITLE OF APPOINTING. AUTHORITY: DATE: SIGNATURE OF APPOINTING AUTHORITY: Steven J. Stepniak Actinq Commissioner ORIGINAL + 3 COPIES TO: CITY: CLERK ON /BEFORE APPOINTMENT DATE) OTHER COPIES TO #5- COM PTROLLER #6- HUMAN SERVICES /C SERVICE #7 BU DGET #8- DEPA RTMENT #9- DIVISION #10- _FMPLOYEE S Il� 23124 FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT & INSPECTION SERVICES C a INGLE. PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: FROM: DEPARTMENT: 12124107 Economic Development, Permit & Inspection Services SUBJECT: [;181 Ellicott St. [= [:##38 CCP December 11, 2007 PRIOR COUNCIL REFERENCE: (IF ANY) Ex. {Item No. xxx C.C.P. xxlxx /xx) You have referred Corporation Counsel Lukasiewicz'z response dated November 20, 2007 to item #42 CCP 10/30/07 and #48 CCP 10/30/07 to me for comment. These items involve NFTA's authority to restrict the use of 181 Ellicott Street. The uses and restrictions involve the ability of taxi cabs and other vehicles to park on the part of 181 Ellicott Street that is owned by NFTA. This Department concurs with and agrees to the opinions contained in her response. CC Zizzo SIGNATURE REFERRED TO THE COMMITTEE DEPARTMENT MEAD TITLE: LEGISLATION. Richard M. Tobe Commissioner Department of Economic Development, Permit & Inspection Services 32 FROM THE BUFFALO SEWER AUTHORI'T'Y 000 ADMINISTRATIVE QFHCI S r 1038 Orr IIAI L 0 N(A6A in SOrrARE Buj- 'rAr.o, NY 1 4202 -337 8 PHONE: (716) 551 -4664 Fnx:(710) 856 -5810 Foo r - or W rs'r Fitmy 90WrsrFrRR SraWJ BurrAro, NY 14213-1799 PIV)Nr (7 16) 88:1 -1�20 �r "rte. ti Ftt I'O. ALI. AG1�,NCIES AND PE RSONS ON 111H ATTAC.I11,1) DISTRfBtjT1ON LIST DA December 7, 2007 R No Significant Environmental Impact Determination and Negative Declaration PUBLIant to notice dated November 7, 2007, the .Buffalo Sewer Authority (the "BSA ") designated itself as the Lard Agency to carry of €t the State Environmental Q1lahty Review Act (SEQRA) process to review, undertake, fund and /or approve the following actions: The Buffalo Sewer Authority, in conjunction with the City of Buffalo, will develop a program to comply with the State and Federal govcr nmcnt requirements for municipal separate storm sewer systems (MS4) and property located in the City of Buffalo, including but not limited to, adoption of regulations by the BSA and ordinances by the City of Buffalo. The: BSA has made a determination that the Action is an Unlisted Action in accordance with G N.Y.C.R.R. Part 617.2 and that the Action will not have a significant adverse envi.ro.nmental impact. Attached is a copy of the December 5, 2007 Resolntioll of the 13SA Board and the SFQRA Environmental Assessment Forth and Negative Declaration. If you have any questions, comments or need any further information about the Buffalo Sewer Authority, please contact Ms. I.,eslie Sedita, of the Bu.ffalo Sewer Authority, 90 West Ferry Street, Buffalo, New York 14213 -1799, telephone (716) 883 -1820 (x250). Very truly yours, RECEIVED AND FILED Buffalo Sewer Authority By: David P. Cotnel General Manctgf:r B U 1.113 0 1 17 2 1$9011 EWER AUTHORITY Distiribution list of Agencies United States Environmental Protection Agency (Region 1I.) Water Permits and Compliance Branch 290 Broadway Federal Plaza New York, NY 10007 -1866 City of Buffalo Common Council Att: City Clerk 1301 City Hall Buffalo, NY 14202 New York State Department of Environmental Conservation Region 9, Att: Regional Director 270 Michigan Avenue Buffalo, NY 14203 - -2491 New York State Department of State Division of Coastal Resources 41 State Street (8` Floor) Albany, NY 12231 Erie County Department of Environment and Planning Att: Coi Rath County Office Building (Room 1080) 95 .F.rank.lil> Street Buffalo, NY 14202 City of Buffalo Department of Public Works, Parks and Streets Att: Commissioner 502 City Hall Buffalo, NY 14202 City of Buffalo Department of I ^.conomic Development, .Permits and Inspections Att: Commissioner 324 City Hall Buffalo, NY 14202 City of Buffalo Urban Renewal Agency Att: General COLUISGI 920 City I lall Buffalo, NY 14202 13 X11.11301 M 1699 I 52186 ITEM NO. 4 RESOLUTIONS TO ISSUE A SE RA NEGATIVE DECLARATION AND TO AMEND THE BUFFALO SEWER AUTHORITY'S SEWER USE REGULATIONS TO IMPLEMENT THE MS4 PROGRAM WHEREAS: The Buffalo Sewer Authority has filed a Notice of Intent for coverage under a SPDES general permit for storm water discharges from small municipal separate storm sewer systems ( "MS4 ") with the New York State Department of Environmental Conservation ( "NYSDEC "); and WHEREAS: In conjunction with the City of Buffalo, the Buffalo Sewer Authority is developing a program to comply with the State and Federal government requirements for municipal separate storm sewer systems with respect to property located in the City of Buffalo, including but not limited to, the adoption of regulations by the Buffalo Sewer Authority and ordinances by the City of Buffalo with respect to the MS4 requirements; and WHEREAS: On November 7, 2007, the Board of the Buffalo Sewer Authority resolved to serve as the Lead Agency to carry out and implement the State Environmental Quality Review Act ( "SEQRA ") process to review, undertake, fund, and /or approve a program to comply with the State and Federal government MS4 requirements; and WHEREAS: The General Manager has proposed an amendment to the Buffalo Sewer Authority Sewer Use Regulations to incorporate provisions from model laws recommended by the New York State Department of Environmental Conservation to assist the Buffalo Sewer Authority to comply with State and Federal MS4 requirements and the Clean Water Act; and WHEREAS: As Lead Agency, the Board has determined that amendment of Buffalo Sewer Authority Sewer Use Regulations and adoption of MS4 provisions is an Unlisted Action (the "Action ") pursuant to SEQRA with regard to implementation of its MS4 storm water management program in furtherance of the above- referenced Notice of Intent. NOW THEREFORE BE IT RESOLVED: That the Board of the Buffalo Sewer Authority makes the following findings based upon a consideration of the Action, an examination of the completed Short Environmental Assessment Form, a review and discussion of each and every criterion for making a Determination of Significance set out in Part 617.7 of the SEQRA Regulations, and such further investigation of the Action and its environmental effects, if any, as the Board has deemed appropriate: 1. No potentially large impacts on the environment from the Action are identified in the Short Environmental Assessment Form. 521187 2. The Action is not expected to trigger any significant adverse impacts, including those examples of impacts listed in Part 617.7 of the SEQRA Regulations; and BE IT FURTHER RESOLVED: That the Board of the Buffalo Sewer Authority hereby determines based upon the foregoing investigation of the potential environmental impacts of the Action, and considering both the magnitude and importance of each potential environmental impact: 1. The Action will not have a significant adverse impact on the environment and an environmental impact statement will not be prepared with respect to the Action.; and 13E IT FURTHER RESOLVED: That the Board of the Buffalo Sewer Authority hereby authorizes and directs the General Manager to prepare a Notice of Determination of Non - Significance ("Negative Declaration ") and to file such Notice in accordance with the requirements of SEQRA and the SEQRA Regulations; and BE IT FURTHER RESOLVED: That the Board of the Buffalo Sewer Authority hereby amends the Buffalo Sewer Authority Sewer Use Regulations in the form and substance as presented to the Board this date and a copy of which is attached and made a part hereof; and BE IT FINALLY RESOLVED: That the Board of the Buffalo Sewer Authority hereby authorizes the General Manager to publish and file such Regulations in accordance with applicable law. MOTION TO APPROVE MADE BY MR. ROOSEVELT 2 ND BY MS WILSON - DIVINCENZO AYES 4 NOES 0 Board Meeting of December 5, 2007 CERTIFICATION The undersigned, being the Secretary of the Board of the Buffalo Sewer Authority, in the County of Eric, State of New York, does hereby certify that the foregoing resolution, entitled "Resolutions to Issue a SEQRA Negative Declaration and to Amend the Buffalo Sewer Authority's Sewer Use Regulations to Implement the MS4 Program," was duly adopted by the Board of the Buffalo Sewer Authority and the meaubers thereof at a meeting duly called and held on December 5, 2007, at which a quorum was present and acting throughout, and that the foregoing resolution has been compared by me with the original thereof, as recorded in my office in the records of the said Buffalo Sewer Authority, and is a true, complete and correct copy thereof and of the whole of said original, and that said resolution has not otherwise been amended or repealed, but is in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and seal of said Board this 5th day of December, 2007. Name Eleanor Wilson- ' incenzo (SEAL) Title• Secretary l 617.20 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only I'AK I I - VKUJLU I INt UKIVIA I IUIk I10 De cool . leTea picant o rro eCT onsor 1. APPLICANT/SPONSOR 2. PROJECT NAME Buffalo Sewer Authority ( "BSA ") MmiiCipal Separate Stoma Sewer System Coinhliance Project 3. PROJECT LOCATION: Municipality City of Buffalo County County of Erie 4, PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide neap) All of the storinwater and wastewater system located in the City of Buffalo, including but not limited to all stormwater and wastewater conduits, pines, punips, combined sewer overflow Facilities, receivers, collection basins, treatment plant and facilities, 5. PROPOSED ACTION IS: ❑ New ❑ Expansion Modifieationlalleraf m 6. DESCRIBE PROJECT BRIEFLY: The Buffalo Sewer Authority, in conjunction with the City of Buffalo, will develop a program to comply with the State and Federal government requirements for i - 11unicipal separate storm sewer systems (MS4) and property located in the City of Buffalo, including but not limited to, adoption of regulations by the BSA and ordinances by the City of Buffalo. 7. AMOUNT OF LAND AFFECTED: Initially 2t 880 +l .. acres Ultimately 26,880 +1- acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? ❑� Yes ❑ No If No, describe briefly 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? E Residential 0 industrial Commercial Agriculture 0 ParklForestlOpen Space Z Other Describe: The Project covers the entire City of Buffalo and all laud uses allowed by the Code of the City of Buffalo. ID. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? © Yes No If Yes, list agency(s) name and permit/approvals: Erie County Department of Environment & Planning (Storinwater Coalition) New York State Department of Environmental Conservation (SPDES Program). 11, DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? Yes ❑ No If Yes, list agency(s) name and permit/approvals: New York State Department of Environmental Conservation and United States Environmental Protection Agency (SPDES Permit Program), 12, AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT /APPROVAL REQUIRE MODIFICATION? Yes 0 No I CERT IFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor non B ilo wer Authority Date: 11/7/07 Signature: _ David P. Comerford, General Manager If the action is in the Coastal Area, and you are a state ag ency, complete the Coastal Assessment Form before proceeding with this assessment OVER 1 C`v PART II - IMPACT ASSESSMENT To be completed by Lead Agenc A. DOES ACTION EXCEED ANY TYPE f THRESHOLD IN 6 NYCRR, PART 617,4? ff yes, coordinate the review process and use the FULL EAF. ❑ Yes P1 No B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.6? If No, a negative declaration may be superseded by another involved agency. z Yes ❑ No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOC #ATED WITH THE FOLLOWING: (Answers may he handwritten, if legible) C1. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic patlern, solid waste production or disposal, potential for erosion, drainage or flooding problems? Explain brielly: No significant adverse impacts on the environment are anticipated. C2. Aesthetic, agricultural, archaeologicaf, historic, or other natural or cultural resources; or community or neighborhood characler? Explain briefly: No significant adverse impacts on tIle crtvironiircnt are anticipated. C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered spocie.s? Explain briefly: No significant adverse impacts on the en vironnicut are anticipated. C4. A communily's existing plans or goals as officially adopled, or a change in use or intensity of use of land or other natural resources? Explain briefly: No significant adverse impacts on the environment arc anticipated. C5. Growth, subsequent development, or felaled activities likely to be induced by the proposed action? Explain briefly: No significant adverse; smpaets oil the environment are anticipated_ C6. Long term, short term, cumulative, or other effects not identified in C1 -05? Explain briefly; No significant adverse impacts on the environment are anticipated. C7. Other inipacls (including changes in use of either quantity ur type of energy)? Explain briefly: No sipnilicant adverse impacts on the environment are anticipated. D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA (CEA)? ❑ Yes F&/] No If Yes, explain brielly: E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? El Yes 0 No If Yes, explain briefly: PART 111 - DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or otherwise significant. Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility; (e) geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed, 11 question D of Part 11 was checked yes, the determination of significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA. F1 Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FULI EAF andior prepare a positive declaration, ® Check this box if you have determined, based on the information and analysis above and any supporting documentation, that the proposed action WILT NOT result in any significant adverse environmental impacts AND provide, on attachments as necessary, the reasons supporting this determination Buffalo Sewer Authority Name of Lead Agency David P. Comerford Print or T,yp NaFeRe onsi le Officer in Lead Agency if t Signature of Responsible Officer in Lead Agency Cictteral Manager Responsible Officer Signature of Preparer (If different from responsible officer) Cr. NEW YORK. STATE DEPARTMENT OF STATE: COASTAL MANAGFMENT PROGRAM Coastal Assessment Form A. INSTRtJCTIONTS (Please print or type ail answers) L State agencies shall complete this CAF for proposed actions which are subjcet to Part 600 of Title 19 of the NYCRR. This assessment is intended to supplement other information used by a state agency in making a detetimnation of significance pursuant to the State Environmental Quality Review Act (see 6 NYCRR, Part 617). If it is determined that a proposed action will not have a significant effect on the environment, this asscssment is intended to assist a slate agency in complying with the certification requirements of 19 NYC'R.R Section 600.4. If any question in Section C on this form is answered "yes ", then tine proposed action may affect the ac}hievcrthcnt of the coastal policies contained in Article 42 of the Executive Law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to either (a) making a certification of consistency pursuant to 19 NYCRR Part 600 or, (b) making the findings required under SE'QLt, 6 NYCRR, Section 617.11, if the action is one for which an environmental impact statement is tieing prepared. If all action cannot be certified as consistent with tine coastal policies, it shall n ot be undertaken. 3. Before, answering the questions in Section C, the preparer of this form should review the coastal policies contained in 19 NYCI'tR Section 600.5. A proposed action should be evaluated as to its significant beneficial and adverse effects upon the coastal area. 13, I31`S CR1P`I'I0N 01" P ROPOSED ACTION 1. Type of state aacncy action (check appropriate response): (a) Directly undertaken (e,g, capital construction, planning activity, agency regulation, land transaction) X (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, license, certification Describe nature and extent of action: T fiuffa Sewer A utho in cPiijui?efion with the City of F3 uffalth_ will devel op - _4 1o3ra to crsm ply with State an(] J'edcral req for Municipal Se paratc Storm S)ewer Syst (MS4) and property located in the City of Buffalo, iucludim -) but not limited to at o lion of regulations by t BSA and ordinances ordinances by (he City of Buffalo. 3. Location of action: Er Citv o f 131if Entire City County City, Town of Village Street or Site Description HI.)I - t3o11719I(MI A . 4. If an application for the proposed action has been filed with the state agency, the following information shall be provided: (a) Name of New York St_zt De partment of Euv _ironp_r.iental_ (b) MadiuL, address: 625 Broadway (0' Flc]or) , lbanv Ne) Yot.k 122 33_3505____ (c) Telephone Number: Area Code (51,8) 402 -511 (d) State agency application number: M.S4 _SPDE_S . N_ .:_ NYR 2 0A461 5. Will the action be directly undertaken, require funding, or approval by a federal agency? Yes - No X yes, which federal agency? C. CO AS`l'AI ASSESSNIENT (Check either "YFS" or "NO" for each of €lie following questions) 1. Will the proposed activity be looter] in, or contiguous to, or have a significant effect upon any of the resource areas identified on the coastal area Wrap: Y NO (a) Significant fish or wildlife habitats? X (b) Scenic resources of statewide significance? X (C) Important agricultural lands? ........................................................... ............................... 2. Will the proposed activity have a significant effect upon: (a) Commercial or recreational use of fish and wildlife resources? ............................... (b) Scenic quality of the coastal c€ viron€ nent? ..................................... ............................... X (c) Development of future, or existing water dependent uses'? ............. ............................... X (d) Operation of the State's major ports? ............................................. ............................... X (e) Land and water uses within the State's small harbors? ................... ............................... X (t) Existing or potential public recreation opportunities? ..................... .......................... ...._____,_ X (g) Structures, sites or districts of historic, archeological or cultural significance to the State or nation'? ................................................. ............................... X 3. Will the proposed activity i nvolve or r in any of the following: (a) Physical alteration of two (2) acres or more of land along the DUL1r30 1\719103%1 shoreline, laird under water or coastal waters? ......................................... ........ _............ X_ (b) Physical alteration of five (5) acres or more of land located elsewhere in the coastal area? ......................................................... ............................... . X (c) Expansion of existing public services of infrastructure in undeveloped or low density areas of the coastal area? .................... ............................... X (d) Energy facility not subject to Article VII or VIII of the Public Service L.aw ? ............... X (e) PAMing, excavation, filling; or dredging in coastal waters? ... ............. ............................ � X (0 Reduction of existing or potential public access to or along the shore ? ......................... X (g) Sale or change in use of state -owned lands located on the shoreline or under water? .. X (11) Development within a designated flood or erosion hazard area? .... ............................... X (1) Development on a beach, dune, barrier island or other natural feature that provides protection against flooding or erosion? ......... ............................... X 4. Will the proposed action be located in or have a significant effect upon an area included in an approved Local Waterfront Revitalization Program? ........... ............................... X DUL1r30 1\719103%1 D. SU BMISSION REQUIREMEN If any question in Section C is answered "Yes ", AND either of the following two conditions is met: Section B.1(a) or BA(b) is checked; or Section B.I(c) is checked AND B.5 is answered "Yes ", '1'1-1LN one copy of the Complct d Coastal Assessment Form shall be subin.itted to: New York State Department of State Division of Coastal Resources 41 State Street, 8th Floor Albany, New York 12231 1f asstslancc of further information is needed w complete this form, please call (lie Department of State at (5 18) 474 -6000. E. RE MARKS OR ADDITIONAL IN FORMATION Preparer's Name: David P. Comerfard (Please print) Title: G eneral ManaLcr Agency: BuffaloSewer Attihorit�v Telcphonc Number. (710) 451_466i4 .--- ----- ....___ Date: N ovember � 200 BUL1BOI\71910711 35 FROM THE CITY CLERK 00001 43 No. 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 '19 West Chippewa St Marty Graw's Inc Darren Neaverth RECEIVED AND FILED Decernber•107 Marty Grave's, Inc. 79 West Chippewa Street Buffalo, New York 14202 City of Buffalo Office of Licenses 65 Niagara Square Buffalo, New York 14202 RP: Municipality Notification To Whom It May Concern: Please be advised that I Darren Neaverth as Director of Marty Graw's Inc. am filing for an on- premise liquor license located at 79 West Chippewa Street, Buffalo, New York, 14202. please let this letter serve as my thirty.day prior filing notification to the City of Buffalo as required by the New York State Liquor Authority. This notification is required by the ABC Board of New York State Section 64, Sub 2a "30 day application notification to municipality ". Sincerely, �d Darren Neaverth Director _.t M No. 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- Comptroller- Common Council- Assessment and Taxation- Public Works, Streets & Parks- X Police -- David Cegiel -ski Fire- Corporation Counsel- Community Services- Economic Development & Permit and Inspection Services- x Management Information Systems Francis Honrado Administration, Finance & Urban Affairs- Human Resources- Civil Service Commission- RECEIVED AND FILED. 1 SIN PAGE COMMUNICATION TO THE' COMMON COUNCIL TO: THE COMMON COUNCIL FROM: DEPARTMENT DIVISION: DATE. December 17, 2007 POLICE., SUBJECT: : Leave of Absence PRIOR COUNCIL REFERENCE: (1F ANY) 1: Item No. Ex. ( Item No. xxx C.C.P. xx /xx /xx '.I']- ( TYPE SINGLE SPACE BELOW Laborer I David CegieIski, assigned to Headquarters has been granted a personal leave of absence without pay for a period o1' six months commencing December 13, 2007 through June 13, 2008. HMG /t10 TYPE DEPAR`I'ME,NT HEAD NAME: H. McCarthv Gi son TYPE TITLE: Commissioner of Police 1\ c SIGNATURE OF DEPARTMIs'NT HEAD: P -1 DATE: ! 1 I ' �� ff NAME: �LO'l *SSN: XXX — XX - \. LAST FOUR (4) IGITS ONLY"* RANK: UNIT: o TYPE OF LEAVE EDUCATIONAL ❑ MATERNITY ❑ EMPLOYMENT ❑ MEDICAL ❑ FAMILY MEDICAL ❑ MILITARY ❑ PERSONAL THE FAMILY MEDICAL LEAVE IS A 32 WEEK LEAVE FOR: CARE OF CHILD, SPOUSE, PARENT OR OWN MEDICAL HEALTH CONDITION (ADDITIONAL FORM REQUIRED) • THE TAKING OF ANY LEAVE OF ABSENCE WILL RESULT IN THE LOSS OF THE PERFECT ATTENDANCE BENEFIT (ABA MEMBERS ONLY) • SWORN MEMBERS REQUESTING A LEAVE OF ABSENCE IN EXCESS OF THIRTY (30) DAYS OR A CONSECUTIVE ACCUMULATION OF EXTENSIONS IN EXCESS OF THIRTY (30) DAYS; MUST SURRENDER THEIR DEPARTMENTAL WEAPON, RADIO, CAP SPRAY, BADGE, WREATH, & 10 CARD PRIOR TO THE START OF THEIR LEAVE. FAILURE TO DO SO WILL RESULT IN THE REVOCATION OF THE LEAVE OF ABSENCE AND THE CARRYING OF THE MEMBER AS BEING AWOL NATION OF LEAVE: — 4,ml pvtw'p) DATES OF LEAVE BEGINNING DATE: END DATE: RETURN DATE. LENGTH OF LEAVE: EMPLOYEE SI NATURE AP ©ice DENIED 1 APPRpVAL CONDITIONED UPON SURRENDER OF DEPARTMENTAL E UIPMENT '-001LIMINSPECTOR DATE APPROVED / DENIED 1 APPROVAL CONDITIONED UPON SURRENDER OF DEPARTMENTAL E UIPMENI" P LICE CO S!510NER DATE CC: ORIGINAL. -ADMINISTRATION AND FINANCE (FILE) REQUESTING EMPLOYEE LABOR RELATIONS CIVIL SERVICE COMMISSION COMMANDING OFFICER PAYROLL SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL TO: THE COMMON COUNCIL: DATE: December 27, 2007 FROM: DEPARTMENT: Management Information System SUBJECT: (:Leave of Absence without pay (:from permanent positions I� I� PRIOR COUNCIL REFERENCE: (IF ANY) Ex. (Item No. xxx. C.C.P. xxJx? l x) Please be advised that Francis Honrado, an employee of Management Information Systems, is being granted a leave of absence for one year from the title of System Analyst. This leave will commence on December 30, 2007 and expire on December 29, 2008, i r i SIGNATURE 6 —` DEPARTMENT HEAD TITLE: Raj Mehta Director of MIS -.r NON - OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON - OFFICIAL COMMUNICATIONS .,v BRIAN C. DA VIS ELLICOTT DISTRICT COUNCIL MEMBER 65 NIAGARA SQUARE, ROOM 1408 BUFFALO, NY 14202 -3322 PHONE: 851-4980 • FAX: 851 -6576 E -mail: bdavis @city- buffalo.com December 27, 2007 Gerald Chwalinski, City Clerk 1302 City hall Buffalo, New York 14202 Z�e Lease Agreement for 326 -328 High Street Dear Mr. Chwalinski: CHAIRMAN FINANCE INCLUSION COMMITTEES BUDGET CLAIMS EDUCA'T'ION MINORITY & WOMEN BUSINESS JOINT SCHOOLS IOO1S CONSTRUCTION BOARD BUFFALO PLACE Please file the attached item for further discussion at the next Common Council session to be held "Tuesday, January S, 2007. Thank you in advance for your assistance with this matter. Sincerely, Brian C. Davis Ellicott District Councilmember 0000, C lummlott � ' Y �,aut:ail City of Buffalo "Communication is the key for a better tomorrow" 0 IGOtYlt1 un" Action CNZanIzAtkm Funding Sources: us. De (,fx.xs N.Y. ,State Dept. gf.Suae C'oulit - > gfErie City Qj'B1(j ulo November 11, 2007 Community Action Organization of ,brie County, Inc, 70 Harvard Place ■ Buffalo, New York 14209 ■ (716) 881 -5150 ■ Fax (716) 881 -2927 Neighborhood Service Department 326 High Street ■ Buffalo, NY 14204 ■ (716) 886 -2617 Wax: (716) 883 -4621 Fruit Belt Homeowners and Tenants Council David P. Hannon, Jr. Director of Real Estate Office of Strategic Planning 920 City Hall -65 Niagara Square Buffalo, New York 14202 Dear Mr. Flannon: This correspondence is a request to have the lease agreement between the City of Buffalo and Fruit - Belt l lomeowners and Tenants Council for use of 326-328 High Street transferred to the Community Action Organization of Erie County, A partnership between the bruit Belt Homeowners and Tenants Council and Community Action Organization. of .Eric County to merge community. services has been established and agreed upon. The Community Action Organization of Erie County will assume all currentlease terms set forth under the existing lease agreement Between the City of Buffalo and Fruit Belt Hoirieowners and Tenants Council. In addition, the Coinmunity Action Organization of Erie County would like to include City parcel lots 334 and 336 High Street within the revised lease agreement. The Community. Action, Organization. of County will continue t© provide neighborhood services to the . ruit l301t cotnt.nunity. The Fruit Belt Homeowners and Tenants Council will continue to support and address Fruit Belt iesident' concerns, while also providing guidance as a Neighborhood Advisory Council for the Community Action Organization of Erie County. ` be Fruit Belt llomeowners Tenants Council and Community Action Organization of Erie County would like to schedule a me eting with you to review the most recent terms and lease agreement. If you have any questions or comments, please feel tree to contact ire at 881 -5150. Sincerely d `�eronica l lemphill- Nieho.ls L. Nathan blare I` President Executive Director Fruit Belt Homeowners and Tenants Council Community Action Organization REFERRED TO THE COMMITTEE ON FINANCE CORPORATION COUNSEL & OFFICE OF STRATEGIC PLANNING Cc: Councilman Brian Davis Ellicott District An Equal Opportunity Employer 00 i. tt>7: t:c:>t_� HAND .DELIVERED Susan Gonzalez M AI L) December 18, 2007 �A URAGC_ Chair, Board of Parking c/o Police Athletic League City .Hall, 21 Floor Buffalo, NY 14202 Dear Ms. Gonzalez, The City of Buffalo owns the Main Place Parking garage under a 50 -year agreement that will expire July 1, 2019, at which time ownership of the facility will revert at no cost to Violet Realty, Inc., the current owner of the Main Place Mall and Main Place Tower, The City is responsible for keeping the facility in proper condition, including making necessary repairs to or replacements of any mechanical or structural components that are consumed as a result of operating the parking garage. From a historical perspective, the facility cost $4.3 million to build in 1.969. In 1989, however, the City incurred $8 million in re- construction costs to restore deteriorating structural columns and replace concrete decks. The City also spent $501,000 to re- construct the mechanical systems in 1997. In 2005, an additional $1.3 million in concrete repairs and waterproof membrane replacement was incurred, while repairs to the deteriorated slab- over -grade on the 3 basement level were not addressed. In 2006, we hired O &S Associates Consulting Engineers to perform a condition assessment report of the foundation walls and perimeter structure of the parking garage. They found that water seepage and leakage problems at different locations resulted in d.elan�ination and spalling conditions of the concrete with corrosion in several locations. Their budgeted construction cost estimate was $737,000. However, they did not contemplate performing the repair in the preferred manner by excavating outside the structure next to the perimeter foundation walls so that a proper waterproofing barrier could be applied to prevent further leakage. This would have added several hundred thousand dollars to the repair costs. Unfortunately, the bottom line is that owning a parking facility in Buffalo with its winter conditions leads to high maintenance costs, increasingly so as facilities age. Nevertheless, as the eventual owner of the parking garage we remain interested in acquiring the City's remaining 11 -year ownership interest. �f ?100 1 110 12f1'I:Slill_t)I \C, 1.5t!IIAr. {1, 1`.A.V ORN T ilnti�S.IHtIp Susan Gonzalez DQceniber 1.8, 2007 Page 2 of 3 We have had an opportunity to analyze the updated operating results of the Main Place Parking Ramp prepared by Buffalo Civic Auto Ramps and provided to us by the Board of Parking. Please consider this as our formal proposal to acquire the City of Buffalo's remaining .interest in the Main Place Parking Ramp, which is set to expire July 1, 2019, under the general terms outlined below: 1. Purchaser: Violet Realty, Inc. or a related entity. 2. Closing Date: July 1, 2008. 3. Purchase Price: Option A : Seven million ninety -five thousand dollars ($7,095,000) payable in forty -four equal quarterly installments of $161,250 in advance ( "Quarterly Purchase Payment "), with continuing responsibility to City for deferred maintenance and capital repairs through July 1, 2019, Option B: Lump sum payment at closing equal to the appraised fair market value of the City's remaining interest in the parking ramp, giving due consideration to deferred maintenance and capital repair obligations, by a licensed and certified independent appraiser to be mutually selected by Purchaser and Seller. The cost of such appraisal will be shared equally by the parties. 4. Deferred Maintenance Within the first two (2) years of ownership, Purchaser, at and Capital Repairs Seller's expense, will cause to make the deferred (applicable to maintenance and capital repairs, including but not Purchase Option A limited, to the exterior perimeter walls, concrete slabs, only): ventilation and other equipment within the parking ramp as determined by a structural and mechanical assessment report performed by qualified professional engineers licensed in New York State as selected by Purchaser. The actual cost of such repairs shall, at Seller's option, either be paid by the Seller upon invoicing by the Purchaser as work is performed, or be deducted, together with interest on any unpaid amounts calculated at HSBC Bank USA's prime lending rate, from the Quarterly Purchase Payments until fully paid. The cost of any engineering assessment reports shall be paid by Seller. 5. Property Taxes: The Purchaser expects the facility to become a taxable real estate parcel and agrees to pay property taxes thereon. This will generate an estimated $3 million in new revenue to the General Fund over the next 11 years, Susan Gonzalez "ucumber 18, 2007 Page 3 of 3 Under Purchase Option A only, any property taxes attributable to an assessed value in excess of the $7,094,000 current assessed value through June 30, 2019 shall be deducted from the Quarterly Purchase Payments. Since we will have a vested interest in operating the parking garage in a first -class manner, timely reinvestment in capital repairs will be assured. We also anticipate that our planned service enhancements will Iead to increased occupancy levels in both the Main Place Tower and Liberty Building which, in turn, will result in higher assessed values and more tax revenue to the City. 6. Non - binding: This proposal is merely an expression of interest and is non - binding on either party, the intent being that both parties only be bound after negotiating and entering into a written fully - executed contract. We respectfully ask that the Board of Parking review our offer and recommend to the City's administration that it initiates contract discussions with us. We would welcome the opportunity to answer any questions the Directors of the Board may have regarding this proposal. Should you have any questions, please do not hesitate to contact Eric Lefebvre or one. Respectfully yours, MAIN PLACE LIBERTY GROUP Patrick Ilotung General Manager cc: Mayor Byron Brown Deputy Mayor Steve Casey David Franczyk, Common Council President Gerald Chwalinski, City Clerk Eric Lefebvre REFERRED TO THE COMMITTEE ON FINANCE BOARD OF PARKING - AND CORPORATION COUNSEL P4 r �. Lr Legal & Legislative Services December 18, 2007 Sent by fax: 716 -851 -4234 Common Council City of Buffalo City Clerk's Office 1308 City Hall Buffalo, NY 11202 Dean• Common Council: Re- Request support of resolution advancing concept to Peace Bridge Authority to '" I` install water run electric turbines at Peace Bridge In response to your communication regarding the above matter, the following resolution was passed by the Municipal Council of the Town of Fort Eric at its meeting of December 1.7, 2007: THAT: The resolution of the City of Buffalo Common Council dated November 27, 2007 advancing a concept to the Peace Bridge Authority of installing water rata electric turbines at the Peace Bridge be received, and Further THAT: In the event the Peace Bridge Authority gives serious consideration to the concept, that the Peace Bridge Authority be respectfully requested to ensure the Town of Fort Erie has on opportunity for dialogue and input, and further THAT: The appropriate persons be so notified of this actiott. Trusti this meets with your requirements. You v truly, olyn J. Kett, A. .T,, Town. Clerk ekett dJ or CJK /dIk C.C. R. Rienas, General Manager, Peace Budge Authority RECEIVO-) AND FIL Our .Focus: Your Future ` Mailing Address: The Corporation (if the Town of Fort Erie Municipal Centre, 3 Municipal Centre Drive Dort Exie, Onlario, Canada L2A 2S6 Office Ffours 8.30 a.m. to 5:00 p.m. Phone (905) 871 - 1 600 Fax (905) 871 -4022 Web -site; www.forterie.ouxn 0000 AiJTOiI'vc NI. Tt 10ivii=S014 51?NATOR, 60TH DIS "TR1Cf 113 M,AI ION C.;YSTATR OFFICE BUILDING 65 COURT STREET BUFFALO, NEW YORK 14202 t716J 854 -8745 FAX (716) 854 -3451 W W W.NYSSr:NATE6a,COM EMAIL: AT7 IOM PSOOSF.NATI=,.STATE -NY US December 10, 2007 lion. t;liot Spitzer Governor of New York State Executive Chambers 2 "" Floor, State Capitol Bldg, Albany, NY 12210 1 f i THE SENATE STATE OF NEW YORK k e: Funding for a new downtown Buf alo Convention Center Dear Governor Spitzer nAir`nING i.'iiiJOnliY,'AQvinER I'MIROIVWINTAL CONSERVATION COMMITTE COMMERCE, ECONOMIC DEVELOPMENT � SMALL BUSINESS FINANCE: INSURANCE TOURISM. RECREATION & SPORTS DF,VEI.OPMENT VE`f'FRANS, HOMELAND SECURITY & MILITARY AFFAIRS On behalf of the residents of the 60`' Senatorial District, 1 would like to respectfully request your assistance in appropriating x;100 million within the 2008 capital budget for a new convention center in downtown Buffalo. You have seen firsthand some of development that IS currently under construction and some of the economic dilemmas and problems that we fiace as a city. A project of this nature would not only employ thousands for constrtFCtion and business expansion, it would make Buffalo more attractive and competitive; in securing much larger conventions, summits, and the like. `this in turn would provide positive economic spin off to local merchants in the food, entertainment, tourism and hospitality industries, If nay office can be of any assistance, please contact (716) 854 - 8705. Sinccr.ly, 4 _ flnt4ine .M. 'fhornpson New York State Senator, 60 "' District CC: WNY State Delegation Erie Comity Legislative Edon. Byron Brown, Mayor of 1:3riftitlo llon..Kathy floctFl; Uric Comity Clerk Mr. Date GuridcF Co -Chair of FinpirC State Dcvclopinen.t C'oFp. Mr. Gerald Chwahiiski, Buffalo City Clerk &Ift Paul Francis. Director of the Bird -ct Mr_ hearty Mack, Deputy Secretary for hiWi ntal At1.all's Mr. Carl Andrews, Director of.NYC: lntergovemmental Office IMI Clancy Director ot'Legislative Affairs Mr. Joe Garba, Deputy Director fur Legislative Affairs � IVE AND FILED 0 1� ANT ONE M. THOMPSVN SENATOR, 60TH DISTRICT 213 MAHONEYSTAIL:OFFICL BUILDING 65 COURT STREET BUFFALO, NSW YORK 14202 (7161854-8705 FAX. 1716# 854 -3051 W W W NYS.%NA11 60.CO M EMAIL? A'IHOMPSOBSENATE STATf.NYUS December 11, 2007 Mr. Michael R. Vary fatten Major General Commanding] New York National Guard 330 Old Niskayuna 1�oact Latham, NY 12110 -2224 Mr. Joseph J. Taluto Major General Adjutant General New York National Guard 330 Old Niskayuna Road Latham, NY 12110 -2224 Q mm"kl THE SENATE STATE OF NEW YORK. Request liar Assistance with Demolition Dear Major Generals Van Patten & `faluto: nfx'3wGKWNG.`-'IN'PRI iiui S'�i'ER ENVIRONMENTAL. CONSEERVATTON COMMITTEES COMMI- ',RCE, ECONOMIC DEVELOPMI -:NTf& SMALL BUSINESS FINANCE: INSURANCE TOURISM, RECREATION & SPORT'S DEVI✓LOPMENT VFJERANS, IIOMELAND SECURITY & MILiTARY AFFAIRS On behalf of the residents of the 60 Senatorial District, 1 would like to respectfully request your assistance with obtaining; the proper clearance, resources, and equipment to aid the City of BLlfitrlo and the City of Niagara Falls in demolishing; dilapidated housing. As the second - largest city in New York State, Buffalo possesses over 10,000 vacant and dilapidated properties. A large percentmc of these properties are beyond repair and serve only as an eyesore, a pubic safety hazard, and a magnet for illegal activity, "These problem properties are estimated to cost the City of Buffalo more than $100 million over the course of a decade. The same is true liar Niagara halls, a regional, national, and international travel destination. While trying to increase the length of`stay in Niagara falls for the average tourist while exploring the city, we rrmst take into account the dilapidated housing; within its communities that impacts to unsts. "hl4ese abandoned properties give; the impression and perception of a lack of. 'f public safety. No one wa nts to be anywhere where they don't feel Safi or comfortable. 0 While New York State has steadily increased the amount of state aid provided to the City of Buffalo and the City of Niagara Falls, alternative methods must be found to supplement it, I am respectfully requesting your assistance to provide equipment and resources to demolish dilapidated housing in the City of Buffalo and the City of Niagara Falls. My office will contact you shortly in order to arrange a meeting. if my office can be of assistance in the meantime, please contact (7 16) 854 -8705. Sin r :)_ At oine M. Thompson New York State Senator, 60 "' District CC: llon. Eliot Spitzer, Governor of New York State Hon. Byron Brown, Mayor of Buffalo Han. Vince Anello, Mayor of Niagara Falls Hon. Paul Dyster, Mayor -Elect of Niagara Falls WNY State Delegation Buffalo City Council Niagara falls City Council Mr. Gerald Chwalinski, Buffalo City Clerk Ms. Carol Antonucci, Niagara Falls City Clerk Mr. Marty Mack, Deputy Director of Intergovernmental Affairs Mr. Carl Andrews, Director of NYC Intergovernmental Office Mr. Jim. Clancy, Director of Legislative Affairs Mr. Joe Garba, Deputy Director of Legislative Affairs pll AND FILED ,, , PETITIONS J! ,�, Carol Hasselback, Agent, Use 1440 Kensinton for a Pole Sign (Univ)(No Pub Hrg ) REFERRED TO THE COMMITTEE ON LEGISLA'T'ION AND THE CITY PLANNING BOARD NAME OF AGENT WNER ADDRESS ' PROJECT THE ATTACHED PERMIT IS FOR COMMON COUNCIL APPROVAL. NO PUBLIC HEARING IS REQUIRED AS DETERMINED BY THE PERMIT OFFICE. REFERRED TO THE COMMITTEE ON LEGISLATION AND CITY PLANNING BOARD. MESSAGE TO APPLICANT: PLEASE CONTACT BILL GRILLO OF THE CITY PLANNING BOARD (851 -5086) TO DETERMINE WHETHER OR NOT YOU NEED PLANNING BOARD APPROVAL. i City of Buffalo j (35 Niagara Square I I Buffalo, NY 14202 f (716)851 -4949 Fax (716)651 5472 ... - SIGNS Building Application t� _Report Date 12/27/2007 04:12 PM AP # Sub By JAME=S CABS ...... . - -- _._.. gate / Tit ne By Date I Th ne F3 Y Processed 12-12112007 16:10 CAMIJ Ternp COO Issued GOO Final Expire Type of Work # Plans 0 Declared Valuation 2500.00 Dept of Commerce # Pages 0 Calculated Valuation 0.00 Priority Auto Reviews Bill Group Actual Valuation 0.00 Squa Footage 0.0 Name _�;zCt�t'r41'1 of Work _. —00 APPROVAL REQURIED"' "511 27FiB* * * P UBLIC HEARING REQUIRED * "NO FEE REQUIRED`" «RUSSELL IS COUNCILMEMBER "'PLACE A POLE= SIGN 1 H IG H, TX 5' SIGN DE TO READ "SHAMROCK" WITH GAS PRICE COMPONANT, ILLUMINATED, Parent Alp tt Project 4 Projeet/Phase Narne Phase N Sizewea Size Description Address 1440 KENSINGTON BUFFALO NY 14215 - Location Contact ID AC305269 Name MOHAMED ASBTANI Mailing Address 407 GRANT ST Organization City BUFFALO StatelProvince NY 34213 Couritry USA ,. Evening Phone Fax Mobile # Page 1 i , Foreign L) Work Done by Owner Ft,A7 FEES NO. TYPE OF SIGN SIZE(S) i Pole Sign 5X7 0 Ground Sign 0 Wall Sign 0 Awning Sign 0 Advertising Sign 0 Projecting Sign 0 Roof Sign Zoning District: C f No Employee Entries No Log Entries �) Zoning Hoard of Appeals Work Wilhc ii! lion i (I I if ) TOTAL SQ.FT. HEIGHT 35 18.0 0 0.0 M 0 _ 0 0 _ 0 0 I SI�t nNU iS U ANT 13AiE - tf hCi' SIfAL AV BE �LVL En * Aff ESAMIff alfOiJ U1 SA L 7 l) ",kK 3,15 , E$1 x a a w y , 54.64E IJL[ 0.17 t G� fr � K 6S. l 3 � • W W u a , NO INVESTIGATION MADE FOR SUBSURFACE UTILITY LINES, SEWER, DRAINS, CONDUITS, TANKS, ETC. WALK D.ID EAST 0 FE a` \�— 90 ° � 1 1 - ` • .-tie.' �'( SUBLOT 1 COVER 1365 PART OF LOT Q6 TOWNSHIP 11 , RANGE 7 HOLLAND LAND COMPANY'S SURVEY CITY OF BUFFALO ERIE COUNTY NEW YORK RAY L. SONNENBFROER tAM0 SURVEYOII N.Y.S. TIC. N., 036T43 SmAtO, N.Y_ SCALE: T' + 70` DATE: JUNE TS, 199A SHEET: 26767 No.: 94.37T L N,e lfE (( ! .:F t 1 i i I ` I i 3' I _. 00b5 K. Watson, Owner, Use 228 Doat St for A Human Service Facility (Lov)(No Pub Hrg ) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD l \ 1 NAME OF AGENFIOWNER ADDRESS { PROJECT THE ATTACHED PERMIT IS FOR COMMON COUNCIL APPROVAL. NO PUBLIC HEARING IS REQUIRED AS DETERMINED BY THE PERMIT OFFICE. REFERRED TO THE COMMITTEE ON LEGISLATION AND CITY PLANNING BOARD. MESSAGE TO APPLICANT: PLEASE CONTACT BILL GRILLO OF THE CITY PLANNING BOARD (851 -5086) TO DETERMINE WHETHER OR NOT YOU NEED PLANNING BOARD APPROVAL. City of Buffalo 65 Mag Square. Buffalo, NY 14202 (716)851 -4945 Fax (716)851 -5472 Report Date 12/31/2007 11:08 AM AIP # 116171 Date I Time Processed 12/3112007 11 02 Issued Final Submitted By DAVID KRUG ... _ ...... — Date 1 Time By Page 1 Iuatil n_ Type of Work # Plans 0 Declared Valuation 5000 -00 Dept of Commerce # Pages 0 Calculated Valuation 0 -00 Priority Auto Reviews Bill Group Actual, Valuation 0.00 Square f=ootage 0.0 Name Z.B.A. APPROVAL REQ- ALTER AN EXISTING 1 FAMILY DWLG. TO A RECOVERY ROUSE F _ OR 4 PEOPLE (ALCOHOL AND DRUG ABUSE) PLANS REQ. C srt a�1 C. j3U fL[r�0r , P - kv ia4)oa n -, £'r3 - 2 C'-3 A Project # Project/Phase Narne Phase # SizelArea Size Description Address 228 DOAT BUFFALO NY 14211- I location Contact ID AC1318266 Name WATSON KEITH LYDELL Mailing Address City 228 DOAT ZIP/[ 14211- 2022 I Day Phono Fax Occupant N From To Contact ID AC244898 Name WATSON KEITH LYDELL Mailing Address 228 DOAT City BUFFALO ZIPIPC 14211 Day Phone Fax Occupant N From To Contact ID AC67657 Name WATSON, KEITH LYDELL Mailing Address 228 DOAT City BUFFALO ZIPIPC 14211 -2022 Day Phone Fax Occupant N From To GC Building Application Organization State /Province BUFFALO NY Country [.] 7-ologn Fvening Phone Mobile # Owner Y From 02/23/2005 To 05/06/2007 Organization State /Province NY Country USA ❑ Foreign Evening Phone Mobile # Owner Y From 12130/2007 To Organization StatelProvince NY Country USA ❑ Foreign Evening Phone Mobile # Owner Y From 05/2812000 To 05/06/2007 City of Buffalo 65 Niagara Square Buffalo, NY 14202 (716)851 -4949 Fax(716)851 -5472 GC Building Application Report Date 12/3112007 11:08 AM No Addresses are linked to this Application No Addresses arc linked to lhi Appficalion 1014900007042000 No Parcels are linked to this Application No Applicant Contacts Primary Y U Capacity Type GC PMT,INSP,C OF O FEE - 3 -7 UNITS TRANS Effective 73.60 Expire U Contact ID OWNER APPLICATION FEE Name OWNER (TENANT) Phone A Fax Address (SEE UNDER APPLICANT) Comments KEITH WATSON 893 -2583 ( License# YPe JCantaaYll13 Nam 000000 DM7 AC12792 OWNER OF PROPERTY OR TENANT 0000000 PLU AC122429 OWNER 222222 SPC AC123700 OWNER OOOOOO HIM AC12792 OWNER OF PROPERTY OR TENANT Check Fees APPLICATION FEE ($50.00) GC PLAN R1 -VIf_W - E 1 1 RM 3 -7 UNITS ($64.00) GC PM f,INSP,C OF O - MI i IAL FEE ($200.00) GC PMT,INSP,C OF O FEE - 3 -7 UNITS TRANS ($73.60) ZONING BOARD FEE ($75.00) Check Inspections Check Reviews 387559 PERMIT REVIEW OF PERMIT TAB 387560 ZONVARI ZONING BOARD VARIANCE REQUIRED Check Conditions Check Alert Conditions Check Licenses Check Children Status Check Open Cases Fees Failed Unpaid Unpaid Unpaid Unpaid Awaiting Inspections Successful Reviews Failed Approved Incomplete Conditions Successful Alert Conditions Successful Not Checked Children Successful 0 GC PLAN REVIEW -PERM 3 -7 UNITS U 64.00 GC PMT,INSP,C OF O FEE - 3 -7 UNITS TRANS U 73.60 GC PMT,INSP,C OF O - INITIAL FEE U 200 -00 APPLICATION FEE U 54.00 ZONING BOARD FEE A 75 -00 Submitted By DAVID KRUG Page 2 Total Unpaid 462.60 Total Paid 0.00 381159 IILJ 11 1 N 12131120011102 12131/200711.03 121311200711.03 KRUGD No Activity Review Details ndR ►ans RprouatRpproved 8y Approved Date Applied 8 Applied Date Assigned or Require comments > R1A 1840.00 Y Business Operation Information rac Number of Individuals Serviced (weekly) Number of Residents to be Housed (if applicable)--,--�— Activities/Programs at Facility (description) Degree of Supervision at Facility Demonstration Of Need (Why Services are needed[Why this Location and etc, Other Pertinent Information Applicant Signature Subscribed and sworn to before me this day of Commissioner of Deeds in and for the City of Buffalo, New York Page 2 of 2, 0 OL A PPLIC. D U C Date / 20 Business Name i I Business Phone # 2 3 Business Address . ..... . (No., Street) (City, Town or Village) (State) (Zip) Human Service Facility Add APPLICATION FOR HUMAN SERVICES RESTRICTED USE PERMIT (No., Street) uffalo, New Vorh_---- Business Standing: Private Entity_ Public Entity —L— Applicant Name Applicant Phone # Applicant Address Street) (City, Town or Village) (State) (zip) Applicant's Business Position: Owner • Partner Corporate Officer, Business Operational Information Other Type of Facility. Food Pantry_ soup Kitchen Walk-in Center Drop-in Center Counseling Center Detention Center Temporary or Short-Term Shelter Transient Housing_ Substance Abuse Community or Residential Treatment Facility Residential Treatment Facility (Correctional Purposes)_ Other Detailed description of the Proposed Use Page 1 of 2 APPLICATION MUST BE COMPLETED IN FULL Regular Committees CIVIL SERVICE (Bonnie E. Russell, Chairperson) Appt Captain -(Cone Perm)(Shea)(Poi) CCP #21, 12126 That Communication 21 of Dec 26, 2007 be received and Filed and that the Contingent Permanent Appointment of lames P. Shea Stated above at the salary of $75,223.00 is hereby approved. PASSED AYES - 9 NOES - 0 Recommended by the Committee on Civil Service -- *AYE* NO DAVIS FONTANA * * * FRANCZYK GOLOMBEK KEARNS LOCURTO RIVERA RUSSELL SMITH [ MAJ - 51 * 9 * 0 [2/3 - 6 [3/4 - 71 0 10002 1 ' Appt Chief (Prov)(Strobele)(Pol) CCP #22, 12126 That Communication 22 of Dee 26, 2007 be received and Tiled and that the Provisional Appointment of Brain Strobele Stated above at the salary of $84,771.00 is hereby approved. PASSED AYES - 9 NOES - 0 f Recommended by the Committee on Civil Serviced _ *AYE* NO DAVIS FONTANA * * * FRANCZYK GOLOMBEK KEARNS * �` LOCURTO RIVERA RUSSELL SMITH ------ -- - --- -� [MAJ- 51 * 9 * 0 [213 - 5] [3l4 - 71 Notices of Appointments - Temp /Prov /Perm (Cty Clk) CCP #35, 12/26 That the above item be the same and hereby is Received and Filed. ADOPTED Recommended b y the Committee on Civil Service 3 MM, L- W�POJ *AYE* NO * DAVIS FONTANA FRANCZYK GOLOMBEK KEARNS * �` LOCURTO RIVERA RUSSELL * * SMITH [MAJ- 51 * 9 * 0 [213 - 61 [3I4 - 71 COMMUNITY DEVELOPMENT (Joseph Go[ombek Jr., Chairman) 0 0 0 002 Dedication. and Street Naming of Jesse Kregal Pathway (Item No. 112, C.C.P., Dec. 11, 2007) (Item No. 30, C.C.P., Dec. 26, 2007) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Golombek moved: That after having approved the request of Councilmember LoCurto to change the name of the Scajaquada Parkway (Item No. 112, C.C.P., December 1. 1, 2007) pursuant to City Charter and Code §286 -3(B) to the Jesse Kregal Pathway; and That after the public hearing held January 8, 2008 at 2:00 p.m. pursuant to Section 48 of the Charter of the City of Buffalo; and That the Common Council hereby approves the request to rename the Scajaquada Pathway and dedicate the Jesse Kregal Pathway as more fully described in the above - listed communication with the location map attached, pursuant to City Charter and Code §286 -3(D). Passed. L Pecommended by the Committee on Community Development -� a)` t Chaii man\j `L'AlI mry r1wpWiumor&rniO30c 12- 20c.(toe i r` l *AYE* NO * DAVIS FONTANA * * FRANCZYK GOLOMBEK KEARNS LOCURTO RIVERA RUSSELL SMITH [-------- - - - - -] [MAJ- 51 9 * p [ 2/3 - 6 * '� [314 - 7] 000 0 , 4 ,3 Updated Draft L,WRP (Stat Plan) (1114 10/30) (t171 11/27) `chat the above item be the same and is hereby Referred to the Special Committee on Waterfront ADOP'T'ED Recommended by the Committee on Community Development S't � 0000 *.1 Supporting Bflo's Small Businesses in the Film Ind«stry (4 "' Res. Only) CCP# 163, 02106 That the above item be the same and is hereby Received and Idled ADOPTED Recommended by the Committee on Community Development D.Bonifaeio- Buffalo Marinetime Museum Project CCPff 43, 14116 That the above item be the same and is hereby Received and Filed ADOP "f'.ID Recommended by the Committee on Community Dev LEGISLATION (Michael J. L ®Curt®, Chairman) 0000$1 David Cooper, Petition to Use 427 Elmwood — Re- Established and Re- Configure Restaurant Space (Item No. 42, C.C.P., Dec. 26, 2007) That after the public hearing before the Committee on Legislation on January 3, 2008, the petition of David Cooper, owner, for permission to use 427 Elmwood to re- establish a terminated special use and re- configure space of a restaurant in the Elmwood Avenue Special District, be, and hereby is approved. Passed. Recommended by the Committee on Legislation �J Chai an TAB:rmv tA%Yp60\m vord\:nnv\42ck2- 26cAoc *AYE* NO * DAVIS FONTANA FRANCZYK GOLOMBEK KEARNS LOCURTO RIVERA * RUSSELL SMITH [-------- - - - - -J [MAJ- 51 * 9 * Q [ 2/3 - 61 [3/4 - 71 4 t, Bethany Bernatovicz - Petition to Use 285 Delaware --- Ground Sign (Item No. 43, C.C.P., Dec. 26, 2007) That the petition of Bethany Bernatovicz, agent, for permission to use 285 Delaware Avenue for a 4' by 8' ground sign be, and hereby is approved. Passed. Recommended b the Committee on Legislation ` y g Chair an TAB:rmv t Awp60\msword\: rmv\43c 12- 26c.doc 1:7^\ *AYE* NO * DAVIS FONTANA * * * FRANCZYK GOLOMBEK KEARNS LOCURTO RIVERA RUSSELL SMITH [ MAJ - 51 * 9 * 0 [213 - b] [314 - 71 00000 Restaurant Dancing Class IV — 1104 Elmwood (.Item No. 25, C.C.P., Dec. 26, 2007) That the above item be, and the same hereby is returned to the Common Council without recommendation.. Mr. LoCurto moved: That pursuant to Chapter 150 of the City Code, the Commissioner of Economic Development, Permit & Inspection Services be, and he hereby is authorized to grant a Restaurant Dancing Class IV license to ox VI , h clt, d /b /a Coles Restaurant, located at.1104 Elmwood Avenue Passed. � Recommended by the Committee on Legislation r airman TAB:nnv t:1wp6O\mswordlnnv125c 12- 26c.doc. 10 *AYE* NO * DAVIS FONTANA * * * FRANCZYK GOLOMBEK LEARNS * �` LOCURTO RIVERA RUSSELL SMITH [--------- -- - - -] [MA7- 51 * 9 * 0 [ 2/3 - 6 [3/4 - 71 Restaurant Dancing Class 1— 75 Chippewa West (Item No. 29, C.C.P., July 10, 2007) (Item No. 82, C.C.P., Dec. 26, 2007) That the above itern be, and the same hereby is returned to the Common Council without recommendation. Mr. LoCurto moved: That pursuant to Chapter 150 of the City Code, the Commissioner of Economic. Development, Permit & Inspection Services be, and he hereby is authorized to grant a Restaurant Dancing Class I license to Michael Sherk, d/b /a Level Entertainment LLC, located at 75 Chippewa West. Passed. Recommended by the Committee on Legislation AA C irman TAS:rmv t:lwp 601gnswordlrmv182c 12- 20cAoc `1 *AYE* NO * DAVIS FONTANA FRANCZYK GOLOMBEK KEARNS LOCURTO RIVERA * �` RUSSELL SMITH [ MAJ - 5 * 9 * 0 [213 - 6a [ 3I4 - 71 0 00037 "500 Block of Main" Street --- Local Historic District Designation (Item No. 3, C.C.P., Oct. 30, 2007) That after the public hearing held before the Committee on Legislation on January 3, 2008, the "500 Block of Main" be designated as a local historical preservation district, pursuant to Article Ill, Section 337-7 through 8 of the Preservation Standards of the Buffalo City Code; and That this designation is made upon due consideration of the reports and for the reasons set forth in the reports of the Buffalo Preservation Board; and That the Secretary of the Preservation Board be, and hereby is directed to file a description of the historic district with the City Clerk, the Planning Board, the Director of the Division of Planning and with the Department of Public Works; and That the Petitioner is directed to file a description or map of the property with the Erie County Clerk's Office. Passed. I F Recommended by the Committee on Legislation Chairma TAB:ranv tAwp60\ntswor& iv\3C 10- 30e.doe *AYES` NO * DAVIS FONTANA * ` FRANCZYK GOLOMBEK KEARNS LOCURTO RIVERA RUSSELL * ` * * * SMITH * * * [-------- - - - - -] [ MAr - 51 9 0` [ 2/3 - 61 [3/4 - 7 ] 500 Block of Main St -I list Dist Designation (I ll)(EDPI) CCP #42, 12111 That the above item be the same and hereby is Received and Idled. ADOPTED Recommended by the Committee on Legislation � `'� sa RESOLUTIONS 000039 BY: Mr. Franczyk No. Various Appointments as Assistant Legislative Aide II. Legislative Aide I hereby appoint Lisa Frost and Erica Rodriguez to the position of Assistant Legislative Aide II to the Common Council effective January 2, 2008. I hereby appoint Karen Privateer to the position of Legislative Aide to the Common Council effective January, 2, 2008. Seconded by ADOPTED. l_ *AYE* NO * DAVIS FONTANA * FRANCZYK GOLOMBEK ^ �` KEARNS LOCURTO RIVERA RUSSELL SMITH [MAJ- s] * 9 0 [ 2/3 - b ] [3/4 - 7 1 e' f 4001v 91011 By: Mr. Golombek Co- Sponsor(s): Messrs. RE: 2007 -2008 Environmental Protection Fund Grant - Buffalo Niagara Riverwalk Revitalization Phase I WHEREAS, The New York State Legislature created the Environmental Protection Fund (EPF) in 1977 to provide a reliable, dedicated source of funding for a variety of key environmental programs in NYS; WHEREAS, The New York Department of State annually solicits grant applications from local government sponsors for the Environmental Protection Fund Local Waterfront Revitalization Program; WHEREAS, The Buffalo Niagara Riverkeeper is a non - profit organization based in Western New York dedicated to improving waterfront access, restoring watershed ecology, conserving river heritage and cultivating river stewardship; WHEREAS, The Buffalo Niagara Riverkeeper proposes to seek funding for Phase I of the Buffalo Niagara Riverwalk Revitalization; WHEREAS, The Buffalo Niagara Riverkeeper requests sponsorship by the City of Buffalo to apply for the Environmental Protection Fund Local Waterfront Revitalization Program grant funding, NOW, THEREFORE, BE IT RESOLVED: That the Mayor is hereby authorized to execute any and all documentation necessary to apply, accept and administer said grant funding. �'I Jos h Oolombek, Jr. 6 � lI r " \i *AYE* NO * DAVIS FONTANA * * * FRANCZYK GOLOMBEK KEARNS LOCURTO RIVERA * ` RUSSELL * * * SMITH [MAJ- 51 * 9 * 0 [213 - 6] [314 - 71 0- 0041 By Mr. Kearns Transfer of Funds Fringe Benefits - PFRS Police 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 $890,560 be and the same is hereby transferred from Fringe Benefits - PFRS and said sum is hereby reappropriated as set forth below: From: Fringe Benefits 17303002 - 423002 PFRS To: Police 12003001 - 411001 Salary $890,560 89� 056U *AYE* NO * DAVIS FONTANA FRANCZYK GOLOMSEK KEARNS LOCURTO * * RIVERA * * * RUSSELL SMITH * * [------- - - ---- [ MAJ - 51 * 9 * 0 [213 - 6 [3l4 - 7 ] BY: DEMON A SMITH Appointments Commissioners of Deeds Required for the Proper Performance of Public Duties That the following persons are hereby appointed as Commissioner of Deeds for The term ending December 31, 2008, conditional upon the persons so appointed certifying under oath to their qualifications and filing same with the City of Buffalo Barbara Chase Jennifer Holquin TOTAL 5 Gabriel Gauthier David Rivera Thomas Chwalinski ADOPTED j� ANNOUNCEMENT Of COMMITTEE MEETINGS The following meetings are scheduled. All meetings are held in the Common Council Chambers, 13"' floor City Hall, Buffalo, New York, unless otherwise noted. Regular Committees Committee on Civil Service A.M. Committee on finance following Civil Service Committee on Comm. Dev. Committee on Legislation P.M. Tuesday, January 15, 2008 at 9:45 o'clock Tuesday, January 15, 2008 at 10:00 o'clock: A.M. Tuesday, January 15, 2008 at 1:00 o'clock P.M. 'Tuesday, January 15, 2008 at 2:00 o'clock Special Committees Committee on Waterfront Development Wednesday January 9, 2008 at 5:00 o'clock PM Public Disclaimer): All meetings are subject to . change and cancel lation the res ective 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. f i� S 53 No. Adjournment On a motion by Mr. Fontana, Seconded by Mrs. Russell, the Council adjourned at 2:30 PM GERALD CHWALINSKI CITY CLERK Dec 26, 2007 SPECIAL SESSION January 9, 2008 AT 10:30 A.M. 1. Call for Special Session mm . �R&F 2. Budget and Personnel Amendment _ I,egislative___ ___ -_ FIN 3. Adjournment �_ __ _ R &F COMMON COUNCIL CITY HALL — BUFFALO SPECIAL SESSION Wednesday, .January 9, 2008 at 10:30 A.M. PRESENT : David A. Franczyk President of the Council, and Council Members Davis, Fontana, Golombek, Kearns, LoCurto, Rivera, Russell, Smith - 9. ABSENT None. *AYE* NO * DAVIS * , * * * RIVERA FONTANA * * * * RUSSELL * * FRANCZYK * * SMITH GOLOMBEK KEARNS LOCURTO * , * * * RIVERA * * * RUSSELL * * * SMITH [ -- _. - -- - -_3 [ MAJ - 51 * 9 * 0 [2/3 - G] [3/4 - 7 ] FILLMORI DISTRICT COUNCIL MEMBER p :. sx DAVID A. FRANC Y 1'.RESIDE,NT Or ri to 13UFFALO C{7MMUlrI COUNCIL. 65 NIAGARA SQUARE 1115 C1TY 1-1 AL BUITALO, NY 14202 -3318 (716) 851-4:138 FAX: (716) 851 -4869 E-mail: d f ra itc z) kC?1 (: i ly -b u f fa lo. corn City of Buffalo Website: w1vwxity- buffalo.com January 8, 2008 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 Councilembers, dated January 8, 2008 presented to you herewith, l hereby call a Special Meeting of the Common Council, to be held in the Council Chambers, City Hall, Buffalo, New York, on January 9, 2008 at 10:30 A.M. for the following; puposes: To receive and take appropriate action on : All Items Relating To 1.) Budget & Personnel Amendment - Legislative Yours very truly, avid A. Franczyk L J President of the Council GERALD A. CHWALINSKI City Clerk Registrar of Vital Statistics PATRICK SOLE, JR. Deputy City Clerk DIANA RICO Deputy City Clerk Vital Statistics January 8, 2008 TO EACH MEMBER OF THE COMMON COUNCIL: OFFICE OF THE CITY CLERK 65 NIAGARA SQUARE ROOM 1308 CITY HALL BUFFALO, NEW YORK 14202 PHONE: (716) 851 -5431 FAX: (716) 851 -4845 YOU ARE HEREBY NOTIFIED that, pursuant to Section 39 of the Charter of the City of Buffalo, upon the written request of Five Councilmembers, dated January 8, 2008, 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 January 9, 2008 at 10:30 A.M. for the following purpose: To receive and take appropriate action on all items relating to 1.) Budget & Personnel Amendment - Legislative Yours very truly, Gerald A. Chwalinski City Clerk January 8, 2008 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 and waive the 24 hour notice, pursuant to Section 3.9 of the Charter of the City of Buffalo, for the following purpose: To receive and take appropriate action on All items pertaining to Budget & Personnel Amendment- Legislative We request that tVs Special Meeting be held on January 9, 2008 at 10:30 A.M. F Pursuant to Rule 2 of the Rules of Order of the Common. Council of the City of Buffalo, each of the following; named members of the Common Council, to wit: BRIAN DAVIS RICHARD FONTANA JOSEPH UOLOMBEK MICHAEL KFARNS MICHAEL LOCURTO DAVID RIVERA BONNIE E. RUSSELL DEMONS SMITH hereby agrees that twenty -four (24) hours' notice be waived of the time and purpose of the Special Meeting; of the Common Council duly called to be held on January 9, 2008 at _DC2Lcr;� /Ve, STATE OF NEW YORK COUNTY OF ERIE) ss: CITY OF BUFFALO) On this 8th day of January 2008, 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. A7 Commissioner of Deeds, in and for the City of Buffalo, N.Y. My Commission expires 12/31 /08 BY: Ms. RUSSELL 000002 BUDGET AND PERSONNEL AMENDMENT 01— LEGISLATIVE 1002 - LEGISLATION 02- CITY CLERK 1020 — CITY CLERK The Common. Council of the City Of Buffalo does ordain as follows: That part of Section 1 of Chapter 35 of the Code of the City of Buffalo, relating to 01 --- Legislative- 1002 - Legislation, 02 City Clerk - --1020 --- City Clerk which currently reads: 10102001 - 4 �1 1 oo I Legislative Staff Manager $ 47,998 1 Senior Legislative Assistant IV $ 65,000 10220001. 1 Deputy City Clerk $ 58,729 Is hereby amended to read: 10102001 Ll ttobi 0 Legislative Staff Manager $ 0 1 Senior Legislative Assistant IV $ 50,645 2 Senior Legislative Assistant $ 39,003 10220001 1 Deputy City Clerk $ X13,076 IT IS HEREBY CERTIFIED, pursuant to Section 3 -19 of the Charter, that the immediate passage of the foregoing ordinance is necessary. That a personnel requisition incident to the creation of the above - mentioned position, containing a statement of the duties for such position, has been filed with the Municipal Civil Service Commission, and said Commission has approved and certified the position title set forth in the foregoing ordinance as being the appropriate Civil Service title for the proposed position GERALD A. CHWALINSKI, CITY CLERK AND DONNA J. ESTRICH, DIRECTOR OF BUDGET, ADMINISTRATION AND FINANCE, hereby certify that the above change is necessary for the proper conduct, administration and performance of essential services of that department. We recommend that the compensation for said position be fixed at the respective amount set forth in the foregoing ordinance. GE LD A. ALINSKI CITY CLERK 4�A J. 4�TCH DIRECTOR OF BUDGET, ADMINISTRATION AND FINANCE APPROVED AS TO FORM r: *AY E* NO DAVIS * * FONTTANA * * * FRANCZYK GOLOMBEK KEARNS LOCURTO * RIVERA RUSSELL SMITH [-------- - - - - -J [MA3- 5] [213 - 6] [314 - 7] * * * a 00a No. Adjournment Can a motion by Mr. Fontan� seconded by Mr. Kearns, the Council adjourned at /0 : 3 � A.M. 1 ' GERALD A. CHWALINSKI CITY CLERK