HomeMy WebLinkAbout08-1014 (2)No. 19
PROCEEDINGS
OF THE
CITY OF BUFFALO
October 14, 2008
MAYOR
Hon. Byron W. Brown
COMPTROLLER
Andrew Sanfilippo
COMMON COUNCIL
PRESIDENT OF THE COUNCIL
FILLMORE DISTRICT
DAVID A. FRANCZYK
PRESIDENT PRO TEMPORE
SOUTH DISTRICT
MICHAEL P. KEARNS
MAJORITY LEADER
LOVEJOY DISTRICT
RICHARD A. FONTANA
DISTRICT COUNCIL MEMBERS
BRIAN C. DAVIS — ELLICOTT
DEMONE A. SMITH — MASTEN
MICHAEL J. LO CURTO — DELAWARE
JOSEPH GOLOMBEK JR. — NORTH
DAVID A. RIVERA- NIAGARA
BONNIE C. RUSSELL
REGULAR COMMITTEES
CIVIL SERVICE COMMITTEE: Bonnie E. Russell Chairman, Brian C. Davis, Michael P. Kearns, David A. Rivera,
Joseph Golombek Jr. - Members
CLAIMS COMMITTEE: David A. Rivera Chairman, Michael P. Kearns, Richard A. Fontana, Bonnie E. Russell - Members
COMMUNITY DEVELOPMENT COMMITTEE: Michael LoCurto, Chairman, Richard A. Fontana, Joseph Golombek Jr.,
David A. Rivera. Demone Smith - Members
FINANCE COMMITTEE: Michael P. Kearns, Chairman, Brian C. Davis, Michael J. LoCurto, David A. Rivera,
Bonnie E. Russell - Members.
LEGISLATION COMMITTEE: Joseph Golombek Jr., Chairman, Brian Davis, Richard A. Fontana,
Michael LoCurto, David Rivera - Members.
RULES COMMITTEE: David A. Franczyk, Chairman, Michael P. Kearns, Richard A. Fontana - Members
SPECIAL COMMITTEES
BUDGET COMMITTEE: Richard A. Fontana., Chairman, Michael P. Kearns, Michael J. LoCurto, Demone Smith - Members
EDUCATION COMMITTEE: Demone Smith, Chairman, Brian C. Davis, Richard A. Fontana, Members
MINORITY BUSINESS ENTERPRISE COMMITTEE: Demone Smith Chairman, Brian C. Davis, Richard A. Fontana,
Joseph Golombek, Jr, David A. Rivera, Members
POLICE OVERSIGHT: Brian C. Davis, Chairman, Richard A. Fontana, David A. Rivera, Bonnie E. Russell, Demone Smith — Members
PUBLIC TRANSPORTATION: Michael P. Kearns, Chairman, Richard A. Fontana, Michael J. LoCurto, David A. Rivera - Members
WATERFRONT DEVELOPMENT COMMITTEE: Michael P. Kearns, Chairman, Brian C. Davis, Joseph Golombek, Jr,
David A.Rivera, members
INVOCATION PLEDGE TO FLAG DATE October 14, 2008
"FINAL"
MAYOR
MAYOR - EXECUTIVE
1. Cit Serv- Submission of Monthly Report- September 2008
R &F
2. Strat Plan -G. Ruiz - Acquiring City Lot -181 Prospect Ave(Ell)
R &F
3. Strat Plan - NYSDOT Temporary Easement 437 High & 494 Carlton(Ell)
APP
4. Strat Plan - NYSDOT Temporary Easement 35 & 37 Linden Park(Ell)
APP
5. Strat Plan -Perm to Designate Redeveloper 397 and 398 Massachusetts Ave(Nia)APP
6-
5A Approval to Transfer 2 Homes Sycamore Village Subdivision
CD
COMPTROLLER
7-
6. Audit Report -Gun Buy Back Program 9/27/08
FIN
PUBLIC WORKS
8-
7. Bus Shelter Within City Right -of -Way
APP
9-
8. Change in Contract Bailey Kensington Fire Station Construction (Univ)
APP
10-
9. Change in Contract City Wide
APP
11-
10. Change in Contract 2007 Tree Removals
APP
12-
11. Perm. to Engage Services of Consulting Eng Water System Valves City -Wide
APP
13-
12. Report of Bids Crackfilling of City Pavements 2008
APP
14-
13. Report of Bids Yard Waste Composting For The COB
APP
POLICE
15-
14. Approval to Purchase New Police Vehicles
APP
CORPORATION COUNSEL
16-
15. Claims Committee Agenda 10/22/2008
CLAIMS
PERMITS AND INSPECTIONS
17-
16. Lodging House License 194 Chadduck(Re- submitted)(North)
LEG
18-
17. Lodging House License 557 Potomac Ave(Re- submitted)(North)
LEG
19-
17A Restaurant Dance -483 Delaware (Ell)
LEG
20-
18. Second Hand Dealer 37 Chandler (North)
APP
21-
19. Used Car Dealer 2186 South Park (South)
LEG
CITY CLERK
22-
19A. Mayor Reported Out of State
R &F
23-
20. Liquor License Applications
R &F
24-
21. Leaves of Absence
R &F
25-
22. Reports of Attendance
R &F
26-
23. Notices of Appointment - Seasonal
R &F
27-
24. Notices of Appointments- Temp /Prov /Perm
CS
MISCELLANEOUS
28-
25. J. Campolong - Monthly Report Buffalo Water Board
R &F
29-
26. LP Ciminelli -Board Packet Documents - October 2008
R &F
30-
27. B. Davis - Chippewa Entertainment District Meter Poles
LEG
31-
27A. B. Davis - Traffic Conditions on Carolina Street
TRANS
32-
28. M. Kearns -J. Blidy- Concerns Deteriorating Conditions of Hillary Park
FIN
33-
28A M. Kearns - Letter to Property Owners Re Updated Flood Insurance Map
R &F
34-
29. M. Romanowski -SEAR- Positive Declaration Bflo Niagara Medical Campus
LEG
35-
30. L. Ross - NYSDEC -Env Investigation Former Bflo China Site
R &F
PETITIONS
36-
31. S. Marchione, Agent, Use 2022 Seneca St, Outdoor Cafe(South)(hrg 10/21)
LEG,CPBD
37-
32. M. Oberst, Agent, Use 807 Clinton St for a HSF(Fill)(no pub hrg)
LEG,CPBD
RESOLUTIONS
61-
32A Davis Trailblazing Signage for Pastor Whitfield Washington Jr
APP
62-
32B Davis Set Public Hearing Sycamore Village Subdivision
ADOPT
63-
32C Davis Approval to Transfer Two Homes in Sycamore
Village Subdivision (hrg 10/28)
CD
64-
32D Davis Support of Days Park Club Inclusion in Reuse Process
Public School #36 -10 Days Park
ADOPT
65-
33. Franczyk5 Cable Access TV Channel
ADOPT
66-
34. Franczyk Broadway Market Transition Matters
ADOPT
67-
35. Kearns Request Traffic Study- Tiff t St
TRANS
68-
36. LoCurto Urging Verizon to Prioritize the COB for ROS
TV Deployment
LEG
69-
37. Russell Dissolution of Bailey /Amherst District Mngt
Assoc
ADOPT 1 st & 2 nd RES REM to LEG
70-
38. Russell Withholding Retention Fund for Main St Reconst, Phase II,
Until All Outstanding Claims Have
Been Resolved
ADOPT RESOLVES, REM TO FIN
71-
39. Smith Comm of Deeds Public Duties
ADOPT
72-
40. Smith Comm of Deeds
ADOPT
SUBMISSION LIST OF COMMITTEE ITEMS FOR THE COUNCIL MEETINGS
CIVIL
SERVICE
38-
1. Com 1 Sept 30 Appt Executive Director of the Bflo Arts Comm(Mayor)
R &F
39-
2. Com 43 Sept 30 Appt Senior Council Clerk (Perm)(Max)(Rucinski)(Cty Clk)
APP
40-
3. Com 44 Sept 30 Appt Senior Council Clerk (Perm)(Inter)(Lehner) (Cty Clk)
APP
41-
4. Com 50 Sept 30 Notices of Appointments- Temp /Prov /Perm(Cty Clk)
R &F
FINANCE
10.
Com 9 Sept 30 Approval to Transfer 6 Homes in Sycamore Village(EII)(Strat Plan)
R &F
42-
5. Com 23
Sept 2
Perm to Hire Consultant for Inspection Services(PW)
APP
43-
6. No 74
Sept 2
L. Kelly -Old First Ward CC -Maint Issues -62 Republic St (Fill)
R &F
44-
7. Res 124
June 24
Strengthen Broadway Market(Exc 1 sc 2nd & 3rd Res)
R &F
45-
8. Com 31
Apr 29
SAFF Reports and Current Status(Pol)
POL OV
COMMUNITY DEVELOPMENT
APP
53-
46-
9. Res 100
Sept 30
Approval to Transfer 6 Homes in Sycamore Village Subdivision(Ell)
17.
Com 37 Sept 30Second Hand Dealer -2222 Genesee (Lov)(EDPI)
RECOMMIT
55-
(Pub Hrg 10/14)
APP exc 12 Sydni
47-
10.
Com 9 Sept 30 Approval to Transfer 6 Homes in Sycamore Village(EII)(Strat Plan)
R &F
48-
11.
Res 103 Sept 30 Broadway Market Advisory Task Force -Appt Citizens
APP
LEGISLATION
49-
12.
Com 4 Sept 30Requested "Clean Sweeps" Locations in 2008(Cit Serv)
R &F
50-
13.
Com 29 Sept 30Food Store License -912 Delevan East (Mas)(EDPI)
APP W /COND
51-
14.
Com 33 Sept 30 Food Store License -931 Niagara (Nia)(EDPI)
APP
52-
15.
Com 35 Sept 301-odging House License -531 Franklin (EII)(EDPI)
APP
53-
16.
Com 36 Sept 30Restaurant Dance License -26 Mississippi (Fill)(EDPI)
APP
54-
17.
Com 37 Sept 30Second Hand Dealer -2222 Genesee (Lov)(EDPI)
RECOMMIT
55-
18.
No 63 Sept 30D. Smith -Req Change of City Ordinance Ch 150
Dance & Dance Halls
R &F
56-
19.
No 47 Sept 16 D. Kazmierczak- Concerns Quality of Life Issues &
Ordinance Violations
R &F
57-
20.
No 48 Sept 16 M. Kearns -M. Weeks- Concerns Fine for Grass in Excess of 10 In.
318 Woodside (South)
R &F
58-
21.
No 85 Sept 2 M. Wesolowski, Agent, Use 294 Monroe for a HSF(EII)(no pub hrg)
R &F
59-
22.
No 76 Sept 2 License Agmt for Encroachment -City ROW -181 Ellicott St
R &F
60-
23.
No 117 July 22 Food Store License 749 Jefferson (EII)(EDPI)(28,6/24)(97,7/8)
APP W /COND
CORPORATION PROCEEDINGS
COMMON COUNCIL
CITY HALL - BUFFALO
TUESDAY, OCTOBER 14, 2008
AT 2:00 P.M.
Present - David A. Franczyk, President of the Council, and Councilmembers: Davis Fontana, Golombek, Kearns, LoCurto & Rivera,
Russell & Smith - 9
Absent - 0
On a motion by Mr. Fontana, Seconded by Mr. Kearns , the minutes of the stated meeting held on September 30, 2008 were approved.
FROM THE MAYOR
FROM THE MAYOR - EXECUTIVE DEPARTMENT
NO 1
SUBMISSION OF MONTHLY REPORT- SEPTEMBER 2008
The Office of Mayor, Division of Citizen Services, hereby submits, for your Honorable Body's review and approval, the monthly reports
for the Mayor's Call and Resolution Center for the month of September 2008, as mandated by Section 6 -20(c) of the City of Buffalo's
City Charter. This monthly statistical report details the number and nature of inquiries, requests and complaints received, classified by
Councilmatic district.
COPY AVAILABLE IN THE CITY CLERKS OFFICE FOR REVIEW
RECEIVED AND FILED
FROM THE OFFICE OF STRATEGIC PLANNING
NO2
G. RUIZ- ACQUIRING CITY LOT -181 PROSPECT AVE (ELL)
Prior Reference: Item #46, C.C.P. September 16, 2008
The above referenced item is a letter from Guillermo Ruiz to Councilmember Davis requesting to purchase the vacant City owned lot
known as 181 Prospect Avenue.
The Division of Real Estate has contacted Mr. Ruiz and advised him on how to acquire City owned property.
RECEIVED AND FILED
NO3
STRAT PLAN - NYSDOT TEMPORARY EASEMENT 437 HIGH & 494 CARLTON (ELL)
The Office of Strategic Planning, Division of Real Estate, has received a request for a temporary easement from the New
York State Department of Transportation (NYS DOT) for use the rear portion of land located 437 High, School No. 39 (approx. 2,752
sq. ft.) and a portion of 494 Carlton (approximately 2,509 sq. ft.).
The temporary easement is needed in connection with the construction or reconstruction of the Kensington Expressway. The
NYS DOT is doing some landscaping, painting the guardrails and performing maintenance to a retaining wall near the Kensington
Expressway. In order to complete the project they need to gain access and use the rear portion of land located behind School No. 39 at
437 High and a portion of a vacant lot located at 494 Carlton.
The Department of Public Works, Parks & Streets, Planning Board, Buffalo Sewer Authority and the Land Use Planning
Committee were contacted and they had no objections. We have also advised the Board of Education of the work that needs to be
performed.
The property in question located at 437 High (School No. 39) is in the rear of the property. The temporary easement will take away
space from the teacher's parking lot. The property located at 494 Carlton is at the dead end of the street. To the right of 494 Carlton is a
privately owned industrial vacant lot and to the left of the 494 Carlton is New York State property.
The Department of Public Works, Parks & Streets, Planning Board, Buffalo Sewer Authority and the Land Use Planning
Committee were contacted and they had no objections. The Board of Education has been contacted, since the property in question will
temporarily take away a portion of the teacher's parking lot. The Board of Education is requesting the time frame of the project and the
work hours. The Board of Education would also like to know if it is possible that the NYS DOT could work outside of the school hours.
We have contacted the NYS DOT and are awaiting a reply.
The NYS DOT has submitted a real estate appraisal estimating the fair value of the temporary easement and they are
offering One Thousand Five Hundred and Seventy -Five Dollars ($1,575.00). The Division of Real Estate concurs with the estimate
submitted by the New York State Department of Transportation.
I am recommending that Your Honorable Body approve the offer of One Thousand Five Hundred and Seventy -Five Dollars
($1,575.00) from the NYS DOT for the acquisition of the temporary easement for use of a portion of 437 High (approx. 2,752 sq. ft. and
494 Carlton (approx. 2,509 sq. ft). I am further recommending that the Corporation Counsel review the Agreement of Adjustment and
Agreement for Advance Payment, and if acceptable, that the Mayor be authorized to execute the same.
Mr. Fontana moved:
That the above communication from the Office of Strategic Planning dated October 6, 2008, be received and filed; and
That the Common Council approve the offer of one thousand five hundred and seventy -five dollars ($1,575.00) from the New York State
Department of Transportation for the acquisition of the temporary easement for use of portion of 437 High (approx. 2,752 sq. ft.) and
494 Carlton (approx. 2,509 sq. ft.).
That the Corporation Counsel be authorized to review the Agreement of Adjustment and Agreement for Advance Payment, and if
acceptable, that the Mayor be authorized to execute the same.
PASSED
AYES -9 NOES -0
N04
STRAT PLAN - NYSDOT TEMPORARY EASEMENT 35 & 37 LINDEN PARK (ELL)
The Office of Strategic Planning, Division of Real Estate, has received a request for a temporary easement from the New York State
Department of Transportation (NYS DOT) for use of a portion of City owned properties located at 35 & 37 Linden Park (approximately
456 sq. ft.).
The temporary easement is needed in connection with the construction or reconstruction of the Kensington Expressway. The NYS
DOT is requesting use of 35 & 37 Linden Pk. in order to gain access to perform landscaping and a retaining wall rail replacement
project along the Kensington Expressway. Such easement shall be exercised in and to all piece or parcel of properties designated as
Parcel No. 1289, as shown on Map No. 1284. The properties in question are located at the dead end of Linden Park. To the right of the
35 & 37 Linden Park is a privately owned two family dwelling and to the left is expressway access land.
The Department of Public Works, Parks & Streets, Planning Board, Buffalo Sewer Authority and the Land Use Planning Committee
were contacted and they had no objections.
The NYS DOT has submitted a real estate appraisal estimating the fair value of the temporary easement and they are offering One
Hundred Dollars ($100.00). The Division of Real Estate concurs with the estimate submitted by the New York State Department of
Transportation.
I am recommending that Your Honorable Body approve the offer of One Hundred Dollars ($100.00) from the NYS DOT for the
temporary easement of the above referenced properties. I am further recommending that the Corporation Counsel review the
Agreement of Adjustment & Release of Owner, Agreement for Advance Payment, Affidavit - Corporate Owner and Land Claims
Payment Voucher, and if acceptable, that the Mayor be authorized to execute the same.
Mr. Fontana moved:
That the above communication from the Office of Strategic Planning dated October 6, 2008, be received and filed; and
That the Common Council approve the offer of one hundred dollars ($100.00) from the New York State Department of Transportation
for the temporary easement of the above - referenced properties.
That the Corporation Counsel be authorized to review the Agreement of Adjustment and Release of Owner, Agreement for Advance
Payment, Affidavit - Corporate Owner and Land Claims Payment Voucher, and if acceptable, that the Mayor be authorized to execute
the same.
PASSED
AYES - 9 NOES — 0
N06
STRAT PLAN - PERMISSION TO DESIGNATE REDEVELOPER
PEOPLE UNITED FOR SUSTAINABLE HOUSING, INC.
(PUSH BUFFALO) -397 AND 398 MASSACHUSETTS AVENUE
The Office of Strategic Planning, Division of Real Estate, has received a request from People United for Sustainable Housing, Inc.
(PUSH Buffalo) to acquire the property known as 397 and 398 Massachusetts Avenue, each a two -story, two -unit residential dwelling.
PUSH Buffalo is applying for funds from the Division of Housing and Community Renewal Small Projects Initiative Grant to
rehabilitate and convert the properties for mixed use. The properties will be completely gutted with total project costs estimated at
$360,000.00. The rehabilitation will take approximately 12 months to complete after the monies from DHCR are awarded.
I therefore respectfully request that Your Honorable Body designate PUSH Buffalo, Inc. and or corporation, partnership, or
other legal entity to be formed as Redeveloper of the subject property for a period of six months subject to the following conditions:
a. Submission by the Redeveloper of a detailed site plan for approval by the City of Buffalo Planning Board and construction plans,
including landscaping, for approval by the City.
b. Submission of a colored rendering of the property suitable for presentation to the City Common Council which shall be submitted
prior to the Common Council approval of LDA.
c. Submission by the Redeveloper of evidence of equity capital and mortgage financing necessary for the completion of the project
which shall be submitted prior to closing.
d. Payment of a designation fee of One Thousand Dollars ($1,000.00) per month by Redeveloper to the City, payable within five (5)
days from the date of designation and due thereafter the first day of every month. In the event Redeveloper shall exercise its option
to acquire said property pursuant to the Land Disposition Agreement (LDA) to be negotiated by Redeveloper and the City, said
option fee shall be applied as a credit towards the purchase price. In the event Redeveloper shall not proceed with the
redevelopment of the property within the designation period, Redeveloper shall forfeit all monies paid on account and the City shall
retain all such monies.
e. Redeveloper is responsible for performing any soil borings and soil investigations, as per a license agreement to be granted by
the City, for the purpose of determining, to developer's satisfaction, the suitability of the site
f. for its intended use, and the presence or absence of hazardous substances as such term is used in the Comprehensive
Environmental Response, Compensation and Liability Act of 1980, as amended (C.E.R.C.L.A) 42 USC ss 9601 et seq.: The
Hazardous Materials Transportation Act, as amended, 49 USC ss 1801 et seq.: The Resource Conservation and Recovery Act, as
amended, 42 USC ss 6901 et seq.: Articles 15 and 27 of the New York State Environmental Conservation Law or any other federal,
state, or local law, regulation, rule, ordinance, by -law, policy guidance, procedure, interpretation, decision, order, or directive,
whether existing as of the date hereof, previously enforced or subsequently enacted.
g. The successful negotiation of a Land Disposition Agreement for approval by the Common Council by no later than six months
from the date the Common
Council approves the designation.
h. Upon signing of LDA, payment by the Redeveloper to the City of a non - refundable deposit, in the amount of ten percent (10 %) of
the agreed to selling price.
i. Individuals and or corporations having outstanding taxes, water bills, parking tickets, user fee and /or demolition liens or any other
liens owned to the City of Buffalo, or if code violations exist on any property owned by them they are ineligible for designation.
The City of Buffalo may terminate this designation should the Redeveloper fail to meet any of the deadlines set forth above.
Should the City elect to terminate this designation on or before the end of the designation period for failure to meet a timely deadline,
the City will first allow the Redeveloper two (2) weeks to cure by written notice.
This designation will expire six (6) months from the date the Common Council approves the designation.
I am requesting that your Honorable Body approve the designation of PUSH Buffalo, Inc., Inc. as the Redeveloper of both 397
and 398 Massachusetts Avenue upon the above terms and conditions; authorize the Executive Director of the Office of Strategic
Planning to prepare the necessary agreements for the redevelopment of 397 and 398 Massachusetts Avenue, and forward to the
Common Council for final approval of agreements for the transfer of title.
Mr. Fontana moved:
That the City Of Buffalo hereby designates People United for Sustainable Housing Inc. (PUSH Buffalo) redeveloper for 397 and 398
Massachusetts Avenue subject to all Conditions, restrictions, and covenants as contained in the attached communication.
PASSED
AYES -9 NOES -0
N06
APPROVAL TO TRANSFER TWO (2) HOMES IN SYCAMORE VILLAGE SUBDIVISION
The Sycamore Village Subdivision is a pedestrian friendly, park -like community which, when completed, will consist of twenty -four
(24) new homes - twenty (20) market rate and four (4) affordable homes. The subdivision is located in the block bounded by
Sycamore Street, Jefferson Avenue, Matthews Street and Mortimer Street and is currently owned by the City of Buffalo Urban
Renewal Agency (hereinafter referred to as "Agency "). The entire site consists of approximately 3.86 acres.
Road and infrastructure work at the site is close to completion. Phase I consists of ten (10) homes of which nine (9) are
close to completion and Phase II consists of nine (9) homes of which six (6) are also close to completion. Phase III will consist of
five (5) homes. The Agency has negotiated the sale of a total of seven (7) homes. Below is a list of two potential homebuyers,
property addresses and proposed sale price:
Purchaser Address /Sub Lot Sales Price
Charles Glover 7 Sydni Lane $211,861.00
Lot 12
Dwain M. James and Valerie 31 Sydni Lane $206,963.00
E. Harge Lot 16
Please be advised that in accordance with the provisions of Article 15A of the General Municipal Law, it is now necessary for your
Honorable Body to set a date for a public hearing, and to direct the publication of a notice of said hearing. In the interest of time and
anticipating that Your Honorable Body is willing to expedite this matter, I have taken the liberty to prepare a Resolution together with
a Notice of Public Hearing for your action.
Forwarded separately are the following documents:
1. Resolution setting Public Hearing
2. Notice of Public Hearing
3. Resolution approving proposed transfer
After the Public Hearing is held, Your Honorable Body may adopt a Resolution authorizing the disposition of land.
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT
N07
AUDIT REPORT - GUN BUY BACK PROGRAM
9/27/2008
We have performed a review of the Gun Buy Back Program as performed by the Buffalo Police Department on September 27,
2008. We present here our conclusions, as well as other such findings as we believe are appropriate.
It was the objective of this Audit to review the procedures followed during the gun buy back program on September 27, 2008, which
consisted of the purchase of firearms using a "no questions asked /no identification required" format, administered by the
Department of Police.
In order to meet our objective we followed the following procedures:
1) We reviewed the procedures followed by the police officer in categorizing the type of weapon in one of four categories: non - working
($10), rifles ($50), handguns ($75) and assault weapons ($100), placing an inventory tag on the weapon and immobilizing the weapon.
2) We reviewed the procedures followed by the report technician in writing the information from the inventory tag on a summary
sheet and entering the amount from the summary sheet to activate the Debit Card used as payment.
3) We reviewed the inventory of Debit Cards issued to the report technicians to be sure that cards issued to the public plus voided
cards plus any unused cards equaled the amount of cards issued to the report technician.
4) We reviewed the weapons to make sure an inventory card and an immobilization tag was on each weapon with the same control
number.
5) We performed a random sample of the confiscated weapons to make sure they were categorized correctly.
6) We compared the written reports of cards issued and their amounts to the report prepared by the bank for cards issued.
Our findings and recommendations are explained in greater detail in the attached Audit Report. The Audit team came away with five
specific comments. Given that this was a program of limited time and scope, an exit conference was not scheduled. This was the
second year of the program, and lessons learned from the first time were used in the execution this time.
At this time, we would congratulate the Mayor's Office and Police Commissioner Gipson for duplicating last year's successful
program. Despite a shorter promotional period and the threat of inclement weather, more firearms were removed from the streets
than was originally anticipated. We would also like to thank Richard Calipari, the City's Investment & Debt Management Officer for
all the work he put into coordinating the use of debit cards and technical training for the program.
In total, 723 guns were received, and $33,575 in Debit Cards were issued. The City received 235 non - working guns at a dollar value
of $2,350; 220 rifles at a dollar value of $11,000; 263 handguns at a dollar value of $19,725; and 5 assault weapons at a dollar
value of $100.00.
If you have any further questions on this matter, please feel free to contact the Department of Audit and Control.
REFERRED TO THE COMMITTEE ON FINANCE
FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS
N08
BUS SHELTER WITHIN CITY RIGHT -OF -WAY
Mr. Christopher J. Cronin, Traffic Data Administrator for the Niagara Frontier Transportation Authority (NFTA), has requested permission
to install a bus shelter within City right -of -way.
The proposed location is:
• West Avenue @ Maryland Street, southeast corner
The Department of Public Works, Parks and Streets has reviewed the NFTA's request pursuant to Chapter 413 -67 (Encroachment
Regulations) of the City Charter and has no objection to Your Honorable Body authorizing the Commissioner of Public Works,
Parks and Streets to issue a "Mere License" for said installation provided the following conditions are met:
1. That the applicant obtain any and all other City of Buffalo permits necessary for said installation.
2. That the bus shelter be installed exactly as shown on plans submitted to and approved by the Department of Public
Works, Parks and Streets.
3. That the applicant be responsible for maintaining the bus shelter as long as it remains within City right -of -way.
4. That the applicant supply the City of Buffalo with a five thousand dollar construction in street bond or certificate of
insurance which will indemnify and save harmless the City of Buffalo against any and all loss and damage arising out of the
construction, maintenance, use and removal of said bus shelter.
Mr. Fontana moved:
That the above communication from the Department of Public Works, Parks and Streets dated October 7, 2008 be received and
filed; and
That the Commissioner of Public Works, Parks and Street be, and he hereby is authorized to issue a "Mere License" to Niagara
Frontier Transportation Authority, applicant, to install a bus shelter which would encroach city right -of -way at West Avenue at
Maryland Street, southeast comer, subject to the conditions as listed in the above communication.
PASSED
AYES -9 NOES -0
N09
CHANGE IN CONTRACT BAILEY KENSINGTON FIRE STATION CONSTRUCTION
JOB #0810 UNIVERSITY DISTRICT
I hereby submit to Your Honorable Body the following changes for the Bailey Kensington Fire Station, Construction, Stieglitz Snyder
Architecture, C #93000132.
1. Additional services required for asbestos abatement and to
prepare the soils removal specifications and site monitoring/ Add $20,086.00
closure plan during construction.
The foregoing change results in a net increase in the contract of Twenty Thousand Eighty Six and 00/100 Dollars ($20,086.00).
Summary: Original Contract Amount $178,000.00
Change Order #1 Add $ 20,086.00
Revised Contract Amount $198,086.00
Costs have been reviewed by the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for
this work are available in 30320206 445100 - Division of Buildings.
Mr. Fontana moved:
That the above communication from the Commissioner of Public Works, Parks and Streets dated October 1, 2008, be received and
filed; and
That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue change order No. 1, to
Stieglitz Snyder Architecture, an increase in the amount of $20,086, as more fully described in the above communication, for work
relating to Job No. #0810, Bailey Kensington Fire Station, C #93000132. Funds for this project are available in 30320206 445100 -
Division of Buildings.
PASSED
AYES -9 NOES -0
NO 10
CHANGE IN CONTRACT CITY WIDE
I hereby submit to Your Honorable Body the following change order for the large valve contract due to required utility relocation, rock
excavation, additional work for 60" valve repairs, changing field conditions, and additional miscellaneous construction required to
facilitate the project. The costs are shown below:
Description
Amount
Hydrant installation McKinley Pkwy
$17,488.27
Forest and Parkdale. Valve box concrete repair
$ 1,406.19
Furnish and deliver miscellaneous materials to Co. Ward Plant
$ 1,367.58
Furnish and install 36" x 10" tapping sleeve and valve at Buffalo State
$20,548.04
Replace sewer lateral and pavement restoration at Elm and Sycamore
$10,201.33
Hydraulic Lift Rental at Col. Ward Plant
$ 6,530.15
Modifications to 60" valve vault at Porter and Busti
$31,202.13
Equipment and Pavement Millings
$ 8,750.00
Replacement of operator on 60" butterfly valve at Porter and Columbus
$34,895.78
Miscellaneous utility relocation
$16,366.89
Supply of 60" Val -Matic butterfly valve and appurtenances
$42,223.19
Parkdale & Forest Rock Excavation
$11,096.25
West Delavan and Argyle manhole concrete repair
$ 686.90
Bailey and Kerns asphalt repairs
$ 3,671.98
Grider and Kensington valve chamber modifications
$39,235.81
Total
$245,670.49
Contract Amount: $ 931,260.00
This Change Order: $ 245,670.49
Total Contract $ 1,176,930.49
1 respectfully certify that this change order is fair and equitable for the work involved, and respectfully request that Your Honorable Body
approve the subject change order and authorize the Commissioner of Public Works, Parks & Streets to issue said change order to C.
Destro Development for $245,670.49. The funds are available in a Division
of Water account 53210726 445100.
Mr. Fontana moved:
That the above communication from the Commissioner of Public Works,
Parks and Streets dated October 7, 2008, be received and filed; and
That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue a change order, to C. Destro
Development, an increase in the amount of $245,670.49, as more fully described in the above communication, for work relating to the
large valve contract, C #93000051. Funds for this project are available in Division of Water account 53210726 445100.
PASSED
AYES -9 NOES -0
NO 11
CHANGE IN CONTRACT 2007 TREE REMOVALS
(CITY WIDE)
I herby submit to Your Honorable Body the following changes for 2007 Citywide Tree Removals, Schneck's Tree Removal, Inc.,
C #93000067.
1. Additional Emergency Hours beyond scope of contract Add $36,806.25
The foregoing change results in a net increase to the contract of Thirty Six Thousand Eight Hundred Six and 25/100 Dollars
($36,806.25).
Summary: Original Contract Amount $199,542.20
Change Order #1 Add $ 36,806.25
Revised Contract Amount $236,348.45
Cost have been reviewed by the consulting engineer (Wendel Duchscherer, A &E) and the Department of Public Works, Parks &
Streets and were found to be fair and equitable. Funds for this work are available in 31450106 - 445100, 30311406 - 445100 &13111007-
471010.
Mr. Fontana moved:
That the above communication from the Commissioner of Public Works, Parks and Streets dated October 8, 2008, be received and
filed; and
That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue change order No. 1, to Schneck's
Tree Removal, an increase in the amount of $36,806.25 as more fully described in the above communication, for work relating to 2007
Tree Removals,
C #93000067. Funds for this project are available in 31450106 - 445100, 30311406 - 445100 & 13111007 - 471010.
PASSED
AYES -9 NOES -0
NO 12
PERMISSION TO ENGAGE SERVICES OF CONSULTING ENGINEER
FOR THE GPS DATA COLLECTION FOR WATER SYSTEM VALVES
CITY -WIDE
I respectfully request that Your Honorable Body authorize the Department of Public Works, Parks and Streets to grant permission to
hire a consultant to provide study and implementation phase services to begin the GPS data collection for all valves in the water
distribution system. There are approximately 15,000 valves in the system. This information provides sub -meter accuracy for each valve
location collected. This is extremely important for emergency shutdowns and infrastructure location. This will allow the Division of
Water to collect approximately 5% of the valves in the system. These will be all critical locations.
The costs for consulting services ere estimated not to exceed
$50,000.00. The funds are available in a Division of Water account 53003626 432004.
Mr. Fontana moved:
That the above communication from the Commissioner of Public Works, Parks and Streets dated October 8, 2008 be received and
filed; and
That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to hire a consultant engineer to provide
study and implementation phase services to begin the GPS data collection for all valves in the water distribution system. Funds for this
project are available in Division of Water account 53003626 432004.
PASSED
AYES - 9 NOES — 0
NO 13
REPORT OF BIDS (REVISION OF ACCOUNT NUMBERS -ADD)
CRACKFILLING OF CITY PAVEMENTS 2008 - #680
In obtaining these bids for the above - mentioned project, I have asked for unit price coveting the various items of work and material,
which will be performed. The final cost of the work will be based on the actual measured quantities of materials entering into the work
and may be either more or less than the total bid.
The following bids were received:
Base Bid
Thomann Asphalt Co., Inc.
56 Gunville Road, Lancaster, NY 14086 $98,855.00
Destro & Brothers Concrete Co. Inc. $150,500.00
411 Ludington Street, Buffalo, NY 14206
1 hereby certify that the low bidder for the above project is Thomann Asphalt Co., Inc.
I respectfully recommend that your Honorable Body authorize a contract award in the amount of $98,855.00. Funds for this work are
available in Capital Project Account #31310406 - 445100 and CHIPS Account #30032106 - 445100. The engineer's estimate for this work
is $115,000.00.
Mr. Fontana moved:
That the above communication from the Commissioner of Public Works, Parks and Streets dated October 7, 2008, be received and
filed; and
That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to award a contract for Crackfilling of City
Pavements 2008, to Thomann Asphalt Co., Inc., the lowest responsible bidder, in the amount of $98,855.00. Funds for the project are
available in Capital Project Account #31310406 - 445100 and CHIPS Account #30032106 - 445100
PASSED
AYES -9 NOES -0
NO 14
REPORT OF BIDS YARD WASTE COMPOSTING
The Division of Purchase, on behalf of the Department of Public Works, Parks & Streets advertised in The Buffalo News on the City of
Buffalo website and sent out to five potential service contractors bids for Yard Waste Composting for the City of Buffalo. The bids were
publicly opened and read on September 18, 2008.
Prices were requested for the cost of the contractor pick -up the yard waste at a City of Buffalo site and for the cost for the City delivering
the Yard Waste to a compost facility. The following summary of prices include the delivery of yard waste to the contractor's site with an
added adjustment of the estimated cost per ton that the City would incur for delivery outside the City boundary.
Bids were received from three potential contractors:
Good Earth Organics Corporation, Lancaster, NY
Price per ton picked up at 1120 Seneca Street $40.53
Adjusted price per ton delivered to their Lancaster site $30.00
Lardon Construction Corporation, Blasdell, NY
Price per ton picked -up at 1128 Seneca Street $30.00
Adjusted price per ton delivered to their Blasdell site $27.00
Wood To Fuel LLC, Buffalo, NY
Price per ton picked up at 1120 Seneca Street $28.00
Adjusted price per ton delivered to their Buffalo site $25.00
1 do hereby certify that the foregoing is a true and correct statement of all bids received and that Lardon Construction Corporation is the
lowest qualified bidder and has all proper permits and registrations in accordance with the plans and specifications.
I recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to order the work on the basis of
the low bid. Funds for this project are available in Account No. 52002606- 442100.
Mr. Fontana moved:
That the above communication from the Commissioner of Public Works, Parks and Streets dated October 6, 2008, be received and
filed; and
That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to award a contract for Yard Waste
Composting, Group No. 693, to Lardon Construction Corporation, the lowest qualified responsible bidder. Funds for the project are
available in Account No. 52002606- 442100.
PASSED
AYES -9 NOES -0
FROM THE COMMISSIONER OF POLICE
NO 15
APPROVAL TO PURCHASE NEW POLICE VEHICLES
Per the adopted 2008/2009 fiscal year budget, the Buffalo Police Department was approved for 45 marked police cruisers (Ford Crown
Victoria's) and 20 unmarked police vehicles (Ford Fusions). Due to recent review of Buffalo Police vehicle inventory and current needs
of the Department, it has been determined that the current fleet of unmarked vehicles will be sufficient for this fiscal year, however, the
number of marked vehicles must be increased from the adopted budget. The Buffalo Police Department hereby requests permission
from your honorable body to modify the adopted budget numbers and begin the purchase process for the following vehicles:
50 marked police cruisers (Ford Crown Victoria's)
00 unmarked police vehicles
In addition, any remaining funds within the Buffalo Police Department Capital Outlay Vehicles budget line will be re- allocated to the
Equipment budget line to allow for the purchase of required equipment needed to fully outfit all marked police vehicles, new and current.
The above purchase will replace older vehicles that have already been removed from the fleet (through auction or as parts cars) or
those that will be removed in the near future.
If you have any questions or concerns, please contact Inspector Joseph Strano at 851 -4879.
Thank you in advance for your cooperation and expediency in addressing this matter.
Mr. Fontana moved:
That the above communication from the Commissioner of Police dated October 9, 2008, be received and filed; and
That the Commissioner of Police, be and he hereby is authorized to modify the adopted budget numbers and begin the purchase
process for the vehicles as listed above. Any remaining funds within the Buffalo Police Department Capital Outlay Vehicles budget line
will be reallocated to the Equipment budget line to allow for the purchase of required equipment needed to fully outfit all marked police
vehicles, new and current.
PASSED
AYES -9 NOES -0
FROM THE CORPORATION COUNSEL
NO 16
CLAIMS COMMITTEE MEETING
WEDNESDAY, OCTOBER 22, 2008
HON. DAVID A. RIVERA, CHAIRPERSON
AGENDA
PERSONAL INJURY
A. 1.
Cyril and Walter Clark
A. 2.
Mary Woods
A. 3.
James and Lannie Curry
A. 4.
Amanda DiFrancesco
A. 5.
Cornelius Johnson
A. 6.
Rebecca Ross
A. 7.
Darryl C. Watkins
A. 8.
Joseph P. Busch
A. 9.
Dianna Brooks
A. 10.
Mary Waterman
A. 11.
Janee Washington
A. 12.
Maurice Walker
A. 13.
James Rosebrough
A. 14.
Philip Schneider v. Transporters, Inc.,
City of Buffalo
A. 15.
Christine Lauer
B. 1.
Jeanine Balys
B. 2.
Jacqueline Barnett
Properly Damage
$ 3,500.00
$ 18,500.00
$225,000.00
$ 12,500.00
$ 2,000.00
$ 10,000.00
$ 27,000.00
$ 5,000.00
$ 5,000.00
$ 5,000.00
$ 5,000.00
$ 24,000.00
$ 12,000.00
$ 10,000.00
$ 90,000.00
$ 133.00
$ 500.00
B. 3.
Kenneth Chambers
$ 9,120.00
B. 4.
Raymond Dolton
$ 200.00
B. 5.
Lillian Fowler
$ 3,139.81
B. 6.
David Gilmour
$ 499.60
B. 7.
Carol Hangen
$ 50.00
B. 8.
Susan Itzenplitz
$ 106.03
B. 9.
Lawrence Kordasiewicz
$ 189.81
B. 10.
Jammie Meldrum
$ 8,004.53
B. 11.
Donald Palmer
$ 170.40
B. 12.
Latorre Pitts
$ 776.05
B. 13.
Mary Ann Snyder
$ 217.46
B. 14.
State Farm a /s /o Grocery Delivery Service, Inc. v.
City of Buffalo, et. Al $ 3,187.26
B. 15.
Travelers Insurance a /s /o/ Kim Galbo
$ 1,456.47
B. 16.
Jean Ann Pfohl
$ 3,500.00
B. 17.
Robert Roche
$ 717.75
Miscellaneous Invoices
C. 1.
ABG Associates
$ 14,156.60
C. 2.
American Rated Cable & Communications
$ 130.00
C. 3.
Chudy Paper Company
$ 60.00
C. 4.
Colgate Heating Corp.
$ 3,983.77
C. 5.
Hills Pet Nutrition
$ 138.25
C. 6.
Krista Gottlieb
$ 517.99
C. 7.
Linstar Inc.
$ 390.93
C. 8.
MJ Mechanical
$ 3,439.10
C. 9.
NYS Industries for Disabled
$ 47,992.67
C. 10.
Parkside Press
$ 32.00
C. 11.
RP Mechanical
$ 3,265.29
C 12.
R S Lang Enterprises
$ 554.37
C. 13.
Safety -Kleen Corp
$ 586.00
C. 14.
STS Trailer & Truck Equipment
$ 95.55
Miscellaneous Reimbursement
D. 1.
William Ford
$ 209.74
D. 2.
New York Environmental Protection and Spill
Compensation Fund Claim - 513 Sycamore St
$200,000.00
D. 3.
Linda Weiglein
$ 246.82
REFERRED TO
THE COMMITTEE ON CLAIMS
FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT &
INSPECTION SERVICES
NO 17
LODGING HOUSE LICENSE
194 CHADDUCK (NORTH)(RE- SUBMITTED)
Pursuant to Chapter 254 of the City of Buffalo Ordinances please be advised that I have examined the attached application for a
Lodging House License located at 194 Chadduck and find that as to form is correct. I have caused an investigation into the premises
for which said application for a Lodging House license is being sought and according to the attached reports from the Zoning Office,
Fire Department, Police, Health Department and Building Inspections. I find it complies with all regulations and other applicable laws. I
have caused an investigation by the Police Department into the moral character of Wane Barnes. The attached thereto for Wane
Barnes d /b /a Lexy WNY LLC. This request is submitted for your approval or whatever action you deem appropriate.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO 18
LODGING HOUSE LICENSE
557 POTOMAC AVE (NORTH)(RE- SUBMITTED)
Pursuant to Chapter 254 of the City of Buffalo Ordinances please be advised that I have examined the attached application for a Lodging
House License located at 557 Potomac and find that as to form is correct. I have caused an investigation into the premises for which said
application for a Lodging House license is being sought and according to the attached reports from the Zoning Office, Fire Department,
Police, Health Department and Building Inspections. I find it complies with all regulations and other applicable laws. I have caused an
investigation by the Police Department into the moral character of Amir Hassan. The attached thereto for Amir Hassan. This request is
submitted for your approval or whatever action you deem appropriate.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO 19
RESTAURNAT DANCE 483 DELAWARE (ELL)
Pursuant to Chapter 150 of the City of Buffalo Ordinances, please be advised that I have caused an investigation into the premises
located at 483 Delaware (Stillwater Grille LLC) for which said application for a Restaurant Dance Class I license is being sought by
William R. Goodhue and according to the attached reports from the Fire Department, Police Department and Building Inspections, I find it
complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem
appropriate.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO 20
SECOND HAND DEALER
37 CHANDLER (NORTH)
Pursuant to Chapter 254 of the City of Buffalo Ordinances please be advised that I have examined the attached application for a Second
Hand Dealer License located at 37 Chandler and find that as to form is correct. 1 have caused an investigation into the premises for
which said application for a second hand dealer license is being sought and according to the attached reports from the Zoning Office,
Fire Department and Building Inspections. I find it complies with all regulations and other applicable laws. I have caused an investigation
by the Police Department into the moral character of Henry Sontag. The attached thereto for Henry Sontag d /b /a Sontag Boyz Inc. This
request is submitted for your approval or whatever action you deem appropriate
Mr. Fontana moved:
That the above communication from the Department of Economic Development Permit and Inspections Services dated September 26,
2008, be received and filed; and
That pursuant to Chapter 254 of the City Code, the Commissioner of Economic Development Permit and Inspections Services be, and
he hereby is authorized to grant a Second Hand Dealer license to Henry Sontag d /b /a Sontag Boyz Inc. located at 37 Chandler.
PASSED
AYES -9 NOES -0
NO21
USED CAR DEALER
2186 SOUTH PARK (SOUTH)
Pursuant to Chapter 254 of the City of Buffalo Ordinances, please be advised that 1 have examined the attached application for a Used
Car Dealer License located at 2186 South Park and find that as to form is correct. I have caused an investigation into the premises for
which said application for a used car dealer license is being sought and according to the attached reports from the Zoning Office, Fire
Department and Building Inspections, I find it complies with all regulations and other applicable laws. I have caused an investigation by
the Police Department into the moral character of Riad Hanash. The attached thereto for Riad Hanash dba /South Buffalo Auto Sales
LLC. This request is submitted for your approval or whatever action you deem appropriate.
REFERRED TO THE COMMITTEE ON LEGISLATION
FROM THE CITY CLERK
NO 22
MAYOR REPORTED OUT OF STATE
Mayor Byron W. Brown
Out of Town Travel
Pursuant to Section 4 -4 of the City of Buffalo Charter, I will be out of state from Friday, October 10, 2008 through Sunday, October 12,
2008.
1 hereby designate Commissioner Janet Penksa, Administration, Finance, Policy and Urban Affairs to perform the Mayor's duties in my
absence.
RECEIVED AND FILED
NO 23
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
228 Franklin MDM Company, Inc. Matthew Mondoux
1853 Clinton St 1853 Clinton St Tina Lopez (Agent)
291 -292 Parkside Ave Parkside Sports Lounge Latausia R. Johnson
RECEIVED AND FILED
NO 24
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:
X Mayor /Mayor Executive- Strat Plan - Pamela L. Grzebielucha
X Police- Danielle R. DiVito
X Corporation Counsel- Gregory A. Heeb
RECEIVED AND FILED
NO 25
REPORTS OF ATTENDANCE
I transmit herewith communications received by me, from the various boards, commissions, agencies and authorities reporting the
membership attendance at their respective meetings:
Buffalo Sewer Authority
RECEIVED AND FILED
NO 26
NOTICES OF APPOINTMENTS - SEASONAL/FLAT
I transmit herewith certificates received by me; reporting seasonal and flat salary appointments made in various departments.
RECEIVED AND FILED.
Certificate of Appointment
Appointment effective 10/6/08 in the Department of Public Works Division of Engineering to the Position of Bridge Operating Engineer
Seasonal Appointment Flat Starting Salary of $11.11
Ciro Rubino, 512 Plymouth Avenue, Buffalo 14213
Certificate of Appointment
Appointment effective 10/1 /08 in the Department of Public Works Division of Engineering to the Position of Clerk Seasonal Appointment
Flat Starting Salary of $11.11
Raymour Nosworthy, 382 Millicent Avenue, Buffalo 14215
Certificate of Appointment
Appointment effective 9/29/08 in the Department of Assessment and Taxation to the Position of Clerk- Seasonal, Seasonal Appointment
Flat Starting Salary of $11.11
Jay LoTempio, 119 Villa Avenue, Buffalo 14216
NO 27
APPOINTMENTS - TEMPORARY, PROVISIONAL OR PERMANENT
I transmit herewith Appointments in the various departments made at the Minimum (Temporary, Provisional or Permanent) (as per contract
requirements).
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
Certificate of Appointment
Appointment effective 9/30/08 in the Department of Audit and Control Division of Accounting to the Position of Junior Accountant,
Temporary Appointment Minimum Starting Salary of $32,584.
Shaun F. Betti, 25 Richfield St. Upper, Buffalo 14220
Certificate of Appointment
Appointment effective 10/6/08 in the Department of Public Works Division of Streets to the Position of Head Exterminator, Permanent
Promotion Minimum Starting Salary of $32,991.
Robert Licata, 263 Baraga St, Buffalo 14220
Certificate of Appointment
Appointment effective 10/6/08 in the Department of Public Works Division of Buildings to the Position of Senior First Class Stationary
Engineer, Temporary, Appointment Flat Starting Salary of $11.11
Edward F. Anken, 73 Houston Street, Buffalo 14220
Charles A. Kulp, 1015 Abbott Road, Buffalo 14220
Certificate of Appointment
Appointment effective 9/29/08 in the Department of Human Resources Division of Compensation & Benefits to the Position of Account
Clerk Typist, Provisional Appointment Minimum Starting Salary of $29,931
Jermaine D. Dickerson, 425 Porter Ave. Apt #203, Buffalo 14201
Certificate of Appointment
Appointment effective 10/6/08 in the Department of Human Resources Division of Compensation & Benefits to the Position of
Compensation & Benefits Specialist, Permanent Appointment Minimum Starting Salary of $37,950
Chantina Harris, 66 Bennett Village Terr, Buffalo 14214
NON - OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES
NON - OFFICIAL COMMUNICATIONS
NO 28
MONTHLY REPORT FOR THE BUFFALO WATER BOARD
As requested by the Common Council, please find attached a copy of the monthly operations report for the Buffalo Water System for receipt
and file.
COPY AVAILABLE IN THE CITY CLERKS OFFICE FOR REVIEW
RECEIVED AND FILED
NO 29
BOARD PACKET DOCUMENTS
Attached are the following documents from the Joint Schools Construction Board meeting scheduled on October 6, 2008:
1. Draft Agenda
2. Meeting Minutes from JSCB Meeting dated September 8, 2008
3. Fully Executed Phase III Application and Certificate for Payment No. 17 - August 2008
4. Fully Executed Phase II Application and Certificate for Payment No. 42 - August 2008
5. Phase III Application and Certificate for Payment No. 18 - September 2008
6. Phase II Application and Certificate for Payment No. 43 - September 2008
7. Phase IV Application and Certificate for Payment No. 3 - September 2008
8. Program Packaging and Development Services (PPDS) Provider Update
9. Bevlar & Associates Inc. Construction Contract Monitoring and Compliance Services Monthly Report for Addendum 1 Phase III
Project — August 2008
10. Inclusion Development Associates, Inc. Construction Contract Compliance Monitoring Monthly Report for Phase III- August 2008
COPY AVAILABLE IN THE CITY CLERKS OFFICE FOR REVIEW
RECEIVED AND FILED
NO 30
CHIPPEWA ENTERTAINMENT DISTRICT METER POLES
Dear Mr. Chwalinski:
Please file the attached item for further discussion at the next Common Council session to be held Tuesday, October 14, 2008. Thank
you in advance for your assistance with this matter.
Sincerely
Brian C. Davis
Ellicott District Councilmember
Dear Brian:
I am writing this letter out of deep concerns for the safety of the patrons of the Chippewa Entertainment District. A few months ago, the
parking meter tops were removed from the meters on Chippewa Street in order to implement the new park and pay system. Although
we welcome the change, and only wish the best for the new system, we are concerned about the remaining poles that have yet to be
removed.
Several times since the meter tops have been removed, we have witnessed patrons of the district, walking into the poles left standing.
Without the tops on the meters, when the sidewalk is crowded, they are nearly impossible to see until you walk into them. This is not only
a hazard to the patrons, but a lawsuit waiting to happen against the City of Buffalo.
We did call city hall to inquire about their removal, but were informed that they were being left in place so that bike racks could be made
from them. Although we think that it may be a great idea for many other parts of the city, we don't think it is wise for Chippewa Street.
The sidewalks are too narrow to sustain a bike rack and still provide ample space for our patrons to pass by without injuring
themselves. There are multiple outside patios located on Chippewa Street and to place a bike rack near them, would definitely cause an
obstruction to pedestrian traffic.
Please let this letter stand as a notice of this hazardous condition.
Thank you for your time and consideration
James Alfieri, President
Chippewa Entertainment District Association, Inc.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO 31
TRAFFIC CONDITIONS ON CAROLINA STREET
Dear Mr. Chwalinski:
Please file the attached item for further discussion at the next Common Council session to be held Tuesday, October 14, 2008. Thank
you in advance for your assistance with this matter.
Sincerely,
Brian C. Davis
Ellicott District Councilmember
Janice Rodriguez
180 Carolina St.
Buffalo NY 14201
Dear Councilman Davis;
I wish to express my concerns regarding hazardous traffic conditions on Carolina Street between Niagara Street and Elmwood Avenue:
This stretch of Carolina Street is narrow and congested, It include a Public School, School 76, as well as a number of significant school
bus pick -up and discharge locations such as at the corner of Prospect and Carolina. Carolina serves as a major downtown feeder route
as does Prospect Avenue. The neighborhood also has a large number of small children. The resultant congestion and noise has a
major negative impact on the neighborhood.
I believe that the neighborhood would be well served if the speed limit were reduced to 15 mph in this area. This would reduce noise
and the danger to school age children. It would help maintain the quality of life for the local residents. Accidents would be reduced.
I hope you can take some action on this matter, on our behalf
Janice Rodriguez
REFERRED TO THE SPECIAL COMMITTEE ON TRANSPORTATION
NO 32
LETTER FROM SOUTH BUFFALO FOOTBALL ASSOCIATION
CONCERNING THE CONDITION OF HILLARY PARK
I would like to file the attached information for the next Common Council meeting to be held on October 14,2D08.
Dear Michael Kearns,
Thank you in advance for taking the time from your busy schedule to listen to concerned parents from your district regarding SBFA.
(South Buffalo Football Association.)
Recently you were made aware of the deteriorating condition of Hillary Park.
The litany of items in disrepair are numerous and extreme. The issues that are the most alarming for the neighborhood families are the
following;
MAIN BUILDING
Kitchen needs electric updates. Exhaust fans, refrigeration units and Grill with range hood. The countertops are not only an eyesore but
unsanitary.
Bathrooms have not been updated since my childhood.
The building lacks any adequate storage. Coaches store equipment in their homes when possible but the organization pays a storage
fee year round due to the lack of space.
The building needs an addition or a major expansion.
FIELD
Our field has never been crowned. Holes, divots, and multiple uneven spots have made the playing conditions very unsafe for our
children.
The usable baseball diamond's backstop is completely rusted and needs to be torn down.
Least of our needs but extremely high on our community's wish list is a Scoreboard. We are the only Organization without one. Again
not a necessity but would be a huge addition to our park.
The playground is a disgrace. Broken swings, parts of unidentifiable equipment have rendered the grounds unusable.
The old cement remains of the Children's pool from yesteryear at this point is a community hazard and would best be served filled and
leveled.
LANDSCAPING and PARKING LOT
The landscaping was decimated after the October storm. What's left is a few crab apple frees and ragged brush that line the yards of
Pawnee Street.
The parking lot currently has two separate holes that measure 12 feet in diameter.
Other needs, repaving, parking lot striping and designated handicap parking.
The Park / parking perimeter fencing is broken, rusted and missing poles.
As a non - profit organization SBFA has been primarily self- sufficient for over 40+ years. However we desperately need your help and
direction. I would greatly welcome the opportunity to meet, tour the park and discuss the needs of this vital community center and steps
that can be taken for restoration to past greatness.
Again thank you for your time and concern
Sincerely,
James Blidy
Field Marshall
SBFA.
REFERRED TO THE COMMITTEE ON FINANCE
NO 33
LETTER TO PROPERTY OWNERS RE UPDATED FLOOD INSURANCE MAP
MICHAEL P. KEARNS
PRESIDENT PRO TEMPORE
SOUTH DISTRICT COUNCIL MEMBER
Dear South Buffalo Property Owner:
I am writing to inform you that an updated Flood Insurance Rate Map (FIRM) has been adopted by the City of Buffalo Common Council
for the South Buffalo area. As a result, your property may have been officially removed from the 100 -year flood plain and you may no
longer be required to maintain flood insurance coverage for your property.
If you currently maintain flood insurance on your property, you should contact your mortgage holder as well as your flood insurance
provider to determine whether you may discontinue your coverage. For properties for which flood insurance is no longer federally
mandated, property owners who give appropriate notice may be entitled to the return of the unused portion of any premium that they
have prepaid.
After consulting with FEMA on how property owners should proceed, my office drafted a form letter of which three (3) identical copies
are enclosed. These forms have been included to assist you in contacting your flood insurance and mortgage providers with the
information that they will need in order to determine whether you may be able to discontinue or revise your flood insurance coverage.
You should complete the entire forms enclosed and then mail one copy to your flood insurance provider and one copy to your mortgage
provider. The last copy should be retained for your records.
This has been a long and trying process for all involved and I thank you for the patience that you have shown. We could not have come
as far as we have without the participation of the many residents who participated in the Seneca - Cazenovia Flood Insurance Survey and
the unified efforts of elected officials on the local, state and federal levels. It is my hope that by completing the enclosed forms and
forwarding them to your flood insurance and mortgage providers, that the final procedural hurdle to removing your obligation to carry
flood insurance will be cleared.
Please contact my office at 851 -5169 if you have any questions or concerns in regards to this matter.
Sincerely,
Michael P. Kearns
South District Council Member
RECEIVED AND FILED
NO 34
M. ROMANOWSKI -SEQR POSITIVE DECLARATION BFLO NIAGARA MEDICAL CAMPUS
Buffalo Niagara Medical Campus North End Development,
City of Buffalo, New York ( "Project ")
State Environmental Quality Review Act ( "SEQRA ") - Positive Declaration and
completed Full Environmental Assessment Form ( "FEAF ")
Dear Mr. Chwalinski:
Enclosed is the SEQRA Positive Declaration and FEAF as completed by the City of Buffalo Planning Board ( "Planning Board "), Lead
Agency for the above - referenced Project. The City of Buffalo Planning Board has determined that the Project may create some
potentially significant environmental impacts. As a result, the Project Sponsors have agreed to prepare a Draft Generic Environmental
Impact Statement ( "DGEIS ") to analyze these concerns. Once the Planning Board deems the DGEIS complete, a copy of the DGEIS
will be circulated for your review and comment.
If you should have any questions regarding the attached or the process going forward, please do not hesitate to contact myself or:
Mr. William P. Grillo, Principal Planner
Mayor's Office of Strategic Planning
City of Buffalo
901 City Hall
Buffalo, NY 14202
(716) 851 -5086
Thank you for your courtesies and cooperation.
Very truly yours,
Harter Secrest & Emery LLP
Marc A. Romanowski
REFERRED TO THE COMMITTEE ON LEGISLATION
NO 35
L. ROSS - NYSDEC- ENV INVESTIGATION FORMER BFLO CHINA SITE
The New York State Department of Environmental Conservation (NYSDEC) and the New York State Department of Health (NYSDOH)
have prepared this fact sheet to provide an update on the environmental investigation activities at and around the former Buffalo China
Site located at 51 Hayes Place, Buffalo, Erie County.
The investigation activities were conducted by Oneida Limited in order to develop an appropriate cleanup plan for the Site and to move
towards the ultimate goal of cleaning up and improving environmental conditions at the Site. Cleanup work at this Site will be performed
under New York State's Brownfield Cleanup Program.
SITE BACKGROUND The Buffalo China site has historically been the location of china and mirror manufacturing. The site comprises
approximately 8 acres and is bounded on the north by Conrail railroad tracks on the east by the adjoining former Buffalo China
Warehouse and other commercial /industrial facilities, and on the south and west by residential properties. The City of Buffalo School
#26 and adjacent playground is located a few hundred feet to the southeast. The nearest body of water is the Buffalo River, located
approximately 1/4 mile south and east of the site. Previous environmental investigations at the site indicated that the site's soil and
groundwater have been impacted by volatile organic compounds (VOCs) and lead. The DEC determined that this contamination poses
a significant threat to the environment and the public.
INVESTIGATION ACTIVITIES
An Interim Site Investigation Report documents the environmental investigation work completed as of July 2008. The report is available
for review at the East Clinton Branch Library and the DEC Region 9 office (see "For More Information" section of this fact sheet). The
report details the completed investigation activities, which included:
• installing 21 soil borings at designated on -site and off -site locations to determine the extent of soil contamination;
• collecting and analyzing surface and subsurface soil samples;
• sampling five existing on -site groundwater monitoring wells; and
• installing additional on -site and off -site groundwater monitoring wells.
An access agreement from the City of Buffalo for several properties in the investigation area was recently acquired. The City -owned
properties include several parcels on Lester and Harrison Streets, including the City of Buffalo School No. 26 and the associated
playground. Fieldwork, which included soil and groundwater sampling, was recently completed. The results of sampling are currently
pending and will be made available in an Addendum Report that will be available for review at the locations identified below.
NEXT STEPS
It will be necessary to install additional groundwater monitoring wells and collect groundwater samples to evaluate whether there have
been impacts to groundwater and soil vapor beyond the Site boundaries. Any investigation work extending and Site boundaries onto
private property will be conducted with appropriate permission or authority. Following completion of Site investigation activities, a
Remedial Investigation and Remedial Alternatives Report will be prepared to summarize investigation results and to further determine
au appropriate cleanup plan for the Site. Fact sheets similar to this one will be sent throughout the project to keep you updated and
informed on the project's progress.
LOCATIONS TO VIEW PROJECT - RELATED DOCUMENTS
Important project documents are available for public review. Project documents at these locations include the final Site Investigation
Work Plan, the Interim Site Investigation Report, and the project's BCP application. You are welcome and encouraged to view project
documents at:
East Clinton Branch Library
NYS Department of Environmental Conservation
1929 East Clinton Street
270 Michigan Avenue
Buffalo, NY 14206
Buffalo, NY 14203
Phone: 716- 823 -5626
Phone: 716- 851 -7220
Library Hours:
Hours: 8:30 a.m. to 4:30 p.m.
MondayM/ednesday - 12:00 p.m. to 8:00 p.m. (Please call for an appointment)
Tuesday /Thursday - 10:00 a.m. to 6:00 p.m.
Saturday - 9:00 a.m. to 5:00 p.m.
Friday and Sunday — Closed
WHO TO CONTACT
Site - Related Project Questions
Ms. Linda Ross, CPG
NYS Department of Environmental Conservation
270 Michigan Avenue
Buffalo, NY 14203
716 - 851 -7220
Site - Related Health Questions
Mr. Cameron O'Connor, Public Health Specialist NYS Department of Health
584 Delaware Avenue
Buffalo, NY 14202
716 - 847 -4385
If you know of someone who would like to be added to the project mailing list, please have them contact the NYSDEC project manager
above. We encourage you to share this fact sheet with neighbors and tenants, and /or post this fact sheet in a prominent area of your
building for others to see. Thank you.
RECEIVED AND FILED
PETITIONS
NO 36
S. MARCHIONE, AGENT,USE 2022 SENECA ST -PLACE AN OUTDOOR CAFE TO THE REAR OF AN
EXISTING SIT -IN RESTAURANT
(PUB HRG 10 /21)(SOUTH)
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD
NO 37
M. OBERST, AGENT, USE 807 CLINTON ST, ALTER THE USE OF THE RECTORY TO A HSF
(NO PUB HRG)(FILL)
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD
REGULAR COMMITTEES
CIVIL SERVICE
(BONNIE E. RUSSELL, CHAIRPERSON)
NO 38
APPT EXECUTIVE DIRECTOR OF THE BFLO ARTS COMM. (MAYOR)
(CCP# 1, 09/30)
That the above item be the same and hereby is Received and Filed
ADOPTED
NO 39
APPT SENIOR COUNCIL CLERK (PERM)(MAX)(RUCINSKI)(CTY CLK)
(CCP# 43, 9/30)
That Communication 43 of Sept 30, 2008 be received and Filed and that the Permanent appointment of Laura Rucinski, of 115 Dempster,
Buffalo, NY is hereby approved.
PASSED
AYES -9 NOES -0
NO 40
APPT SENIOR COUNCIL CLERK (PERM)(INTER)(LEHNER)(CTY CLK)
(CCP# 44, 9/30)
That Communication 44 of Sept 30, 2008 be received and Filed and that the Permanent appointment of Christine A. Lehner, of 151 Villa Avenue,
Buffalo, NY is hereby approved.
PASSED
AYES - 9 NOES — 0
NO 41
NOTICES OF APPOINTMENTS - TEMP /PROV /PERM
(CCP# 50, 09/30)
That the above item be the same and hereby is Received and Filed
ADOPTED
FINANCE
(MICHAEL P. KEARNS, CHAIRMAN)
NO 42
PERMISSION TO HIRE CONSULTANT FOR INSPECTION SERVICES
(ITEM NO. 23, C.C.P., SEPT. 2, 2008)
That the Commissioner of Public Works, Parks & Streets be, and he hereby is authorized to hire a consultant for various inspection
services for the 2009 construction season.
PASSED
AYES -9 NOES -0
NO43
L. KELLY -OLD FIRST WARD CC -MAINT ISSUES- 62REPUBLIC ST (FILL)
(CCP# 74, 9/2)
That the above item be the same and hereby is Received and Filed
ADOPTED
NO 44
STRENGTHEN BROADWAY MARKET(EXC 1 sT, 2 "D &3 RD RES)
(CCP# 124,6/24)
That the above item be the same and hereby is Received and Filed
ADOPTED
NO 45
SAFF REPORTS AND CURRENT STATUS (POL)
(COP# 31, 4/29)
That the above item be the same and hereby is Referred to the Special committee on Police Oversight
ADOPTED
COMMUNITY DEVELOPMENT
(MICHAEL J. LOCURTO, CHAIRMAN)
NO 46
APPROVAL TO TRANSFER SIX (6) HOMES IN SYCAMORE VILLAGE SUBDIVISION
ITEM NO. 100, C.C.P., SEP. 30, 2008)
That the above item be, and the same hereby is returned to the Common Council without recommendation.
Mr. LoCurto moved:
That the Mayor, the Chairman, Vice Chairman, or any officer of the City of Buffalo Urban Renewal Agency be and hereby is authorized
to execute any and all deeds or other documents necessary to convey lands to the purchasers as listed and more fully
described in the above communication, subject to approval of Agency Legal Counsel; except for 7 Sydni Lane (improperly published
and included on the approval as 12 Sydni Lane) which will be reconsidered at a future meeting of the Common Council.
PASSED
AYES -9 NOES -0
NO 47
TRANSFER SIX (6) HOMES IN SYCAMORE VILLAGE SUBDIVISION (STRAT. PLAN.)
(ITEM NO. 9, C.C.P., SEP. 30, 2008)
That the above item be, and the same hereby is returned to the Common Council without recommendation.
Mr. LoCurto moved:
That the above - mentioned item be and the same is hereby received and filed.
Adopted.
NO 48
BROADWAY MARKET ADVISORY TASK FORCE
(ITEM NO. 103, C.C.P., SEP. 30, 2008)
That the Mayor and the Common Council appoints the citizens as listed in the above communication, to the Broadway Market Advisory
Task Force.
PASSED
AYES -9 NOES -0
LEGISLATION
(JOSEPH GOLOMBEK JR., CHAIRMAN)
NO 49
REQUESTED "CLEAN SWEEPS" LOCATIONS IN2008 (CIT SERV)
(CCP# 4, 9/30)
That the above item be the same and hereby is Received and Filed
ADOPTED
NO 50
FOOD STORE LICENSE - 912 DELAVAN EAST
(ITEM NO. 29, C.C.P., SEPT. 30, 2008)
That pursuant to Chapter 194 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services be, and
he hereby is authorized to grant a Food Store License to Saleh Nasser located at 912 Delavan East (Save $ Plus) with the following
conditions:
1. Store must be closed to general public no later than 12:00 midnight each day.
2. "No Loitering and No Trespassing" signs must be post and adhered to.
3. Parking lot must be paved before any renewal of license is obtained or issued.
4. Every license renewal must be approved by the Common Council.
5. Exterior of premise must remain free of graffiti and weeds.
6. No plastic signage (and banners) can be displayed on exterior of building.
7. No vending carts, outdoor cooking grills, tables, chairs, or clothing apparel allowed for sale at premise.
8. Entire exterior of premise must remain free of debris, food wrappers, and trash.
PASSED
AYES -9 NOES -0
NO 51
FOOD STORE LICENSE - 931 NIAGARA
(ITEM NO. 33, C.C.P., SEPT. 30, 2008)
That pursuant to Chapter 194 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services be, and
he hereby is authorized to grant a Food Store License to Myatt Lwin located at 931 Niagara (Niagara Asian Market).
PASSED
AYES -9 NOES -0
NO 52
LODGING HOUSE LICENSE - 531 FRANKLIN
(ITEM NO. 35, C.C.P., SEPT. 30, 2008)
That the above item be, and the same hereby is returned to the Common Council without recommendation.
Mr. Golombek moved:
That pursuant to Chapter 254 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services be, and
he hereby is authorized to grant a Lodging House License to Stanislav Sadigurski located at 531 Franklin d /b /a 531 Franklin Street
Revocable Trust.
PASSED
AYES -9 NOES -0
NO 53
RESTAURANT DANCE LICENSE - 26 MISSISSIPPI
(ITEM NO. 36, C.C.P., SEPT. 30, 2008)
That pursuant to Chapter 150 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services be, and
he hereby is authorized to renew a Restaurant Dancing Class IV License to Daryl Carr d /b /a Cobblestone located at 26 Mississippi.
PASSED
AYES -9 NOES -0
NO 54
SECONDHAND DEALER - 2222 GENESEE STREET
(ITEM NO. 37, C.C.P., SEPT. 30, 2008)
That the above item be, and the same hereby is returned to the Common Council without recommendation.
Mr. Golombek moved that the above item be recommitted to the Committee on Legislation
ADOPTED
NO 55
D. SMITH - REQ. CHANGE OF CITY ORDINANCE CHAP. 150 - DANCE & DANCE HALLS
(ITEM NO. 63, C.C.P., SEPT. 30, 2008)
That the above item be, and the same hereby is returned to the Common Council without recommendation.
Mr. Golombek moved:
That the above item be the same and hereby is Received and Filed.
ADOPTED
NO 56
D. KAZMIERCZAK - CONCEMS QUALITY OF LIFE ISSUES & ORDINANCE VIOLATIONS
(CCP# 47, 9/16)
That the above item be the same and hereby is Received and Filed
ADOPTED
NO 57
M. KEARNS -M WEEKS- CONCERNS FINES FOR GRASS IN EXCESS OF 10 IN -318 WOODSIDE (SOUTH)
(CCP# 48, 9/16)
That the above item be the same and hereby is Received and Filed
ADOPTED
NO 58
M. WESOLOWSKI, AGENT, USE 294MONROEFORAHSF(ELL)(NO PUB HRG)
(COP# 85, 9/2)
That the above item be the same and hereby is Received and Filed
ADOPTED
NO 59
LICENSE AGMT FOR ENCROACHMENT -CITY ROW -181 ELLICOTT ST
(CCP# 76, 9/2)
That the above item be the same and hereby is Received and Filed
ADOPTED
NO 60
FOOD STORE LICENSE - 749 JEFFERSON
(ITEM NO. 28, C.C.P., JUNE 24, 2008)
(ITEM NO. 117, C.C.P., JULY 22, 2008)
That pursuant to Chapter 194 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services be, and
he hereby is authorized to grant a Food Store License to Dorothea Steward located at 749 Jefferson (Sunnyside Convenient Store),
with the following conditions:
1. Store must be closed to general public no later than 12:00 midnight each day.
2. "No Loitering and No Trespassing" signs must be posted and adhered to.
3. Parking lot must be paved before any renewal of license is obtained or issued.
4. Every license renewal must be approved by the Common Council.
5. Exterior of premise must remain free of graffiti and weeds.
6. No plastic signage (and banners) can be displayed on exterior of building.
7. No vending carts, outdoor cooking grills, tables, chairs, or clothing apparel allowed for sale at premise.
8. Entire exterior of premise must remain free of debris, food wrappers, and trash.
9. Licensee must remain in contact with the Buffalo Police Department for assistance with unwanted patrons.
PASSED
AYES -9 NOES -0
N *16A4111610
NO 61
By: Brian C. Davis
Whereas: Pastor Whitfield Washington Jr. was born in West Virginia to Ida Mae and Myrtle Washington, Sr. they later relocated to
Buffalo, New York in the early fifties.
Whereas: Pastor Washington Jr. served an interim pastor for several area churches before accepting the call to pastor First Calvary
Missionary Baptist Church where he remained for thirty four years; and
Whereas: Pastor Whitfield Washington Jr. completed his earthy excursion on Friday, April 20, 2007 to begin his experience of
eternal life with the heavenly father, he leaves behind his loving wife Marcia Washington, six children and nine grandchildren; and
Whereas: For all of his contributions, commitment and dedication to both his family and the community of saints, it is fitting to honor
Pastor Whitfield Washington Jr.; and
Whereas: A check in the amount of $319.00 has been forwarded to the City of Buffalo Traffic Engineering Department, the cost
associated with the installation of three trailblazing signs and a pole for which the sign will hang from.
Now, Therefore, Be It Resolved:
That the Common Council of the City of Buffalo approves the installation of three trailblazing signs, proclaiming the comer of William
Street and Jefferson Avenue and the comer of Jefferson Avenue and Howard Street, as "Pastor Whitfield Washington Jr. Blvd. "; and
Be It Further Resolved:
That this Common Council requests that the Department of Public Works to install three trailblazing signs which will read "Pastor
Whitfield Washington Blvd" one on the South East comer of William Street and Jefferson Avenue, one on the North East comer of
William Street and Jefferson Avenue and one on the North East comer of Jefferson Avenue and Howard Street.
PASSED
AYES -9 NOES -0
NO 62
BY: COUNCILMEMBER DAVIS
SET PUBLIC HEARING
SYCAMORE VILLAGE SUBDIVISION
7 SYDNI LANE AND 31 SYDNI LANE
WHEREAS, the City of Buffalo Urban Renewal Agency and six (6) individual homebuyers have negotiated Purchase Contracts for two
(2) homes in the Sycamore Village Subdivision; and; and
WHEREAS, the terms of said Purchase Contracts have been approved by the City of Buffalo Urban Renewal Agency; and
WHEREAS, Article 15A of the "General Municipal Law" requires that the disposition of land may be approved only after a public
hearing with due notice.
NOW, THEREFORE, BE IT RESOLVED:
1. That the City Clerk is hereby directed to publish the notice attached hereto and marked "Notice of Hearing" in the Buffalo News, no
later than the 18th day of October 2008.
2. That this Common Council will conduct a Public Hearing on the matter stated in said "Notice of Hearing" at 2:00 P.M. in the Council
Chambers on the 28th of October 2008.
ADOPTED
NO 63
BY: COUNCILMEMBER DAVIS
APPROVAL TO TRANSFER TWO (2)
HOMES IN SYCAMORE VILLAGE SUBDIVISION
WHEREAS, the City of Buffalo Urban Renewal Agency has approved the transfer of two (2) homes in the City of Buffalo Sycamore
Village Subdivision to two (2) individual homebuyers; and
WHEREAS, the City Clerk has published a Notice of Public Hearing, as required by Section 507, Subdivision 2(d) of the "General
Municipal Law" and
NOW, THEREFORE, BE IT RESOLVED:
1. That the Mayor, the Chairman, Vice - Chairman, or any officer of the City of Buffalo Urban Renewal Agency is hereby authorized to
execute any and all deeds or other documents necessary to convey lands to the following purchasers which is subject to approval of
Agency Legal Counsel:
Purchaser Adress /Sub Lot Sales Price
Charles Glover 7 Sydni Lane $211,861.00
Lot 12
Dwain M. James and 31 Sydni Lane $206,963.00
Valerie E. Harge Lot 16
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT
NO 64
SPONSOR: BRIAN C. DAVIS
SUPPORT OF DAYS PARK BLOCK CLUB INCLUSION IN THE REUSE PROCESS FOR
PUBLIC SCHOOL #36 AT 10 DAYS PARK
Whereas: The Buffalo Board of Education announced that the Early Childhood Center, bilingual Public School #36 at 10 Days Park,
will close at the end of the 2008 -2009 academic school year.
Whereas: The school building is located in a National Historic District and on a Olmsted designed park, with an involved and diverse
community which includes the Days Park Block Club; and
Whereas: he future usage of this building will directly affect the overall neighborhood as well as the residents surrounding the building;
and
Whereas: As plans are currently being researched, the Days Park Block Club requests the opportunity to be involved in the future
transformation and usage of this site.
Now, Therefore, Be It Resolved:
That the Buffalo Common Council goes on record in support of the reuse of this school building that will not disrupt the fabric of the
Days Park Community; and
Be it Further Resolved: That the Commissioner of Economic Development, Permit & Inspection Services reports to this Council future
plans in place for the reuse of this building or what steps will be put in place to insure this building will not sit vacant; and
Be It Further Resolved: That any future plans for redevelopment includes input from the Days Park Block Club; and
Be It Finally Resolved: That this resolution remain in the appropriate committee until no longer needed.
ADOPTED
NO 66
BY: MR. FRANCZYK
S CABLE ACCESS TV CHANNEL
Whereas: Currently the City of Buffalo operates four Public, Education and Government (PEG) Access TV Channels; and
Whereas: The franchise agreement allows the City to receive a 5 th channel once it meets certain programming thresholds detailed in the
franchise agreement; and
Whereas: On March 26, 2007 the Office of Telecommunications notified Time Warner that it had met the criteria in the franchise
agreement, and formally requested that Time Warner Cable provide the City of Buffalo with a fifth access channel; and
Whereas: That criteria is that the current channels have "scheduled programming material" at least 80 % of prime time hours (6 to 11
PM) and at least 60% of the remaining hours on the current channels, a standard that the City met when it requested and received a 4 h
channel from Adelphia Cable; and
Whereas: Even though it is required to provide the channel within 120 days of the request, Time Warner has still not complied, even
though for the past few years it has had two channels on the lower tier, 14 and 17, that contain no programming at all, and one channel,
5, which now carries the TV Guide Channel that is also carried on Channel 54; and
Whereas: During this time, Time Warner has also notified the City that it will no longer produce and air community events like the
Pulaski Parade and St. Patrick's Parade, and will now use its local origination channel, 13, primarily for sports- related programming
such as ESPN News and minor league baseball; and
Whereas: The City hopes to fill this void by producing some of the local events like the parades and other community events which the
cable company had traditionally produced, but is now dropping; and
Whereas: Getting the 5 th channel at this time is now a critical need for the City, since it would provide a venue for this unique type of
programming; and
Whereas: Time Warner is not only clearly obligated to provide the City with a 5 th channel, but that channel would certainly be put to
good use by the City which would provide cable subscribers with interesting and informative community programming;
Therefore be it resolved:
That this Common Council formally requests that Time Warner Buffalo live up to the requirements of Part VII, Section 31.1 of the
franchise agreement and provide the City of Buffalo with a 5 th access channel; and
Be it finally resolved:
That the City Clerk certify the passage of this resolution and forward copies to the New York State Public Service Commission, Time
Warner Cable, and Time Warner Cable of Buffalo
ADOPTED
NO 66
BY: MR. FRANCZYK
BROADWAY MARKET TRANSITION MATTERS
WHEREAS: Broadway Market Management Corporation ( "BMMC ") is the current manager /prime lessee of the Broadway Market,
WHEREAS: BMMC has been managing and operating the Broadway market for more than twenty (20) years,
WHEREAS: BMMC held a BMMC board meeting on September 29, 2008 at which the BMMC board unanimously voted to terminate
their prime lease /management agreement with the City of Buffalo, said termination to be effective as of October 31, 2008, with BMMC
corporate dissolution to follow,
WHEREAS: the Council President's office and the City of Buffalo are implementing a transition plan for the Broadway Market with
preliminary emphasis on ensuring a seamless management and operational change over from BMMC management to a new and
improved Broadway Market management,
WHEREAS: permanent replacement management is likely to be the subject of a thorough request for proposals (RFP) process with full
input being gathered from the public, community institutions, community leaders, government officials and marketing, operational and
business experts and others,
WHEREAS: among the immediate challenges to ensuring a seamless transition are certain specific "nuts and bolts" matters of
Broadway Market operations which involve administering new and current vendor /subtenant leases, collecting rents, utility and other
tenant charge backs, monitoring and appropriately adjusting tenant insurance coverage's, reviewing current books and records of
account and all items of income, expense, and obligations with respect to operations of the Broadway Market (including also but not
limited to service contracts, market employee matters and tenant association health insurance),
WHEREAS: BMMC has certain utility services as well as certain service contracts and other operational items vital to the continued
and uninterrupted operation of the Broadway Market currently in the name of BMMC and the City will need the flexibility to, when and if
appropriate, put those services under the City's name (which would possibly include getting the benefit of the City's utility pooling rates
for utilities charges),
WHEREAS: I am requesting that the Common Council approve the following resolution in order to facilitate a seamless operational
transition of the Broadway Market.
Now Therefore Be It Resolved:
That the Common Council hereby approves that the following actions be taken by the City of Buffalo in connection with the pending
transition of the Broadway Market as set forth in the above recitals:
1. Take all steps as are necessary to ensure that all tenant rentals, charge backs and other tenant payments are paid directly to the City
(or to an interim management designee), including but not limited to entering into any necessary written lease or other rental
arrangements and or modifications thereof or related activities as are necessary to accomplish this.
2. Take all steps and expend such funds as are necessary to ensure that operational expenses at the Broadway Market are paid so as
to continue the operation and viability of the Broadway Market.
3. Take all action as is necessary to secure temporary as well as permanent management of the Broadway Market, including but not
limited to in the case of permanent management instituting a RFP process designed to result in long term positive growth and
sustainability for the Broadway Market and surrounding neighborhoods.
ADOPTED
NO 67
BY: MR. KEARNS
REQUEST TRAFFIC STUDY - TIFFT STREET
Whereas: The Tifft Street corridor from Hopkins Street to Fuhrman Boulevard has seen a dramatic increase in traffic the past few
years; and
Whereas: The development of Lakeside Commerce Office Park has seen new development by Sonwill Industries, Certainteed, Cobey
Inc, and other businesses that employ and bring in hundreds of residents to the area; and
Whereas: To accommodate the new development in the area, two new streets, Ship Canal Parkway and Rittling Boulevard have been
constructed recently, increasing traffic along this stretch of Tifft Street; and
Whereas: Hartman Playfields and Fitzpatrick Field, home of Bishop Timon -St. Jude for football, soccer and lacrosse, bring hundreds
of student athletes and families to the facilities on Tifft Street daily; and
Whereas: As South Buffalo's only connection to the outer harbor, Tifft Street is an essential roadway connecting South Buffalo
residents to the outer harbor and downtown Buffalo; and
Whereas: A new traffic study with traffic patterns, volumes, and origin and destination of traffic should be conducted to provide a basis
for the best changes, such as travel lane reconfigurations, signage, traffic calming and other recommendations for this vitally important
street; and
Whereas: Any changes to the Tifft Street corridor should be done in conjunction with the City of Buffalo's Complete Streets legislation
to ensure a safe access street for all users of this area, including pedestrians, bicyclists and motorists;
Now, Therefore be it Resolved:
That the Department of Public Works, Parks and Streets conduct a traffic study of Tifft Street, from Hopkins to Fuhrman Boulevard
and report back to this Common Council its suggestions for an improved Tifft Street; and
Be it Further Resolved:
That any changes to Tifft Street should be done in conjunction with the Complete Streets Legislation that calls for the incorporation of
sidewalks, bike lanes, paths, and other improvements to ensure a safe access street for all users; and
Be it Finally Resolved:
That this item be sent to the Legislation Committee for further discussion.
REFERRED TO THE SPECIAL COMMITTEE ON TRANSPORTATION
NO 68
BY: MR. LOCURTO
URGING VERIZON TO PRIORITIZE THE CITY OF BUFFALO FOR FIOS TV DEPLOYMENT
Whereas: City of Buffalo residents currently have only one choice for cable television; and
Whereas: Business competition leads to improved service and better prices for consumers; and
Whereas: Verizon already has a franchise in Buffalo for phone service, and does not need to obtain any special permission to overlay
fiber -optic cable on their existing copper -wire network (other than permits). They will be following the current
aerial and underground routes, so extensive construction should not be necessary. Digging should be needed primarily in cases where
they need to clear underground obstructions or take care of problems with old conduit; and
Whereas: Verizon has already provided ROS service to parts of Amherst, the town and village of Hamburg, the town and village of
Orchard Park, and Tonawanda; and
Whereas: Verizon has started wiring parts of the city with its ROS network. ROS Internet service is now available in these areas,
offering consumers Internet and Internet -phone service; and
Whereas: Verizon does need a franchise to provide TV service, and state law prohibits giving a cable company an exclusive agreement;
and
Whereas: The City has requested that Verizon initiate franchise discussions, but the company stated that it is not ready to do so yet;
and
Whereas: Verizon is required by state law to build -out the entire community within five years of beginning; and
Whereas: Verizon has placed its video -hub in the City of Buffalo; and
Whereas: City of Buffalo residents are eager for an increase in cable television options.
Now, Therefore be it Resolved:
That the Buffalo Common Council expresses its support for Verizon prioritizing the City of Buffalo for ROS Internet and television
deployment.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO 69
BY: MRS. RUSSELL
DISSOLUTION OF BAILEY /AMHERST DISTRICT MANAGEMENT ASSOCIATION
Whereas: The Bailey /Amherst District Management Association (BADMA) was authorized in 1985 by the establishment of the Bailey
Amherst Business Improvement District in the City Charter; and
Whereas: BADMA was created to provide special maintenance and services to those located within the District to beautify and
promote the area; and
Whereas: The City of Buffalo has collected a special assessment from the residents and businesses within the District to fund
BADMA; and
Whereas; BADMA's record of service to the District has deteriorated and several complaints have been received; and
Whereas: As evidenced by the recent audit by the City Comptroller, BADMA is no longer a viable operator; and
Whereas: Since BADMA can no longer effectively perform, it is in the best interests of the City to dissolve the District; and
Whereas: Section 980 -0 of the General Municipal Law allows the Common Council to dissolve the District upon its own motion by local
law.
Now Therefore Be It Resolved:
That the Corporation Counsel be hereby requested to prepare a local law dissolving the Bailey /Amherst Business Improvement District
and is authorized to take all necessary actions to further the dissolution process, and
Be It Further Resolved:
That the Commissioner of Assessment & Taxation be hereby requested to prepare a report on the funds currently collected by the City
on behalf of the Bailey Amherst Business Improvement District in order to pay off any outstanding invoices and refund the remainder to
those who paid on a pro -rata basis.
ADOPT 1st & 2nd RES, REFER REMAINDER TO THE COMMITTEE ON LEGISLATION
NO 70
BY: MRS. RUSSELL
WITHHOLDING RETENTION FUND FOR MAIN STREET RECONSTRUCTION,
PHASE H, NY RTE. 198 TO HERTEL AVENUE UNTIL ALL OUTSTANDING
CLAIMS HAVE BEEN RESOLVED
WHEREAS: On August 1, 2007, the City of Buffalo, Department of Public Works, Parks and Streets received bids for Phase II of the
Main Street Reconstruction Project, for the reconstruction of Main Street from NY Route 198 to Hertel Avenue, PIN # 5134.03 and said
bids were forthwith reported to the Common Council for approval;
WHEREAS: On September 4, 2007, the Common Council of the City of Buffalo accepted said bids and authorized the then Acting
Commissioner of Public Works, Parks and Streets to enter into a contract with the lowest responsible bidder, that being CATCO, 1298
Townline Road, Alden, NY 14004, with a total bid price of $14,072,284.14;
WHEREAS: The Acting Commissioner thereafter executed a standard construction contract with CATCO for the above - referenced
construction project;
WHEREAS: As part of said contract, the City was authorized to maintain a retention fund in order to satisfy any claims made against
the contractor and /or its subcontractors for negligence resulting in property damage during the construction project;
WHEREAS: There remains at least one outstanding claim against CATCO and /or its subcontractors for property damage incurred as a
result of said construction project;
WHEREAS: Upon information and belief, the retention fund established for said project has not yet been released to the Contractor;
WHEREAS: By copy of this Resolution, the Commissioner of Public Works, Parks and Streets is hereby notified of the existence of
outstanding claims against the contractor and /or its subcontractors;
NOW, THEREFORE, BE IT RESOLVED:
That the Commissioner of Public Works, Parks and Streets is hereby directed to withhold the retention fund established in connection
with the contract for Phase II of the Main Street Reconstruction Project from NY Route 198 to Hertel Avenue, PIN #5134.03 until he
has verified that all outstanding claims against the contractor and its subcontractors have been resolved;
AND, BE IT FURTHER RESOLVED:
That a copy of this Resolution be forwarded to the Commissioner of Public Works, Parks and Streets forthwith;
AND, BE IT FURTHER RESOLVED:
That the Commissioner of Public Works, Parks and Streets is directed to report the release of the retention fund for the
above - referenced project to the Contractor to the Common Council, after he has verified that all outstanding claims against the
Contractor and /or its subcontractors have been resolved.
ADOPT RESOLVES REMAINDER TO COMMITTEE ON FINANCE
BY: DEMONE A SMITH
NO 71
APPOINTMENTS COMMISSIONER OF DEEDS
That the following persons are hereby appointed as Commissioner of Deeds for the term ending December 31, 2008, conditional, upon
the person so appointed certifying under oath to their qualifications and filing same with the City Clerk:
Rev. Edmund H. Hunte
Rev. Maureen Guevara Hunte
Total: 2
ADOPTED
BY: DEMONE A SMITH
NO 72
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
Regina R. McCullen
TOTAL 1
ADOPTED
NO 72
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.
Committee on Civil Service
Committee on Finance following Civil Service
Committee on Comm. Dev.
Committee on Legislation
Committee on Claims
Special Committees
Regular Committees
Tuesday, October 21, 2008 at 9:45 o'clock A.M.
Tuesday, October 21, 2008 at 10:00 o'clock A.M.
Tuesday, October 21, 2008 at 1:00 o'clock P.M.
Tuesday, October 21, 2008 at 2:00 o'clock P.M.
Wednesday, October 22, 2008 at 10:00 o'clock A.M.
(Public Disclaimer): All meetings are subject to change and cancellation by the respective Chairmen of Council Committees. In the
event that there is sufficient time given for notification, it will be provided. In addition, there may be meetings set up whereby the City
Clerk's Office is not made aware; therefore, unless we receive notice from the respective Chairmen, we can only make notification of
what we are made aware.
NO 74
ADJOURNMENT
On a motion by Mr. Fontana, Seconded by Mr. LoCurto, the Council adjourned at 2:53 P.M.
GERALD CHWALINSKI CITY CLERK