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Home My WebLink About08-0108-0109ss (2)01/08/2008 PROCEEDINGS OF THE CITY OF BUFFALO January 8, 2008 SPECIAL SESSION January 9, 2008 Jan 8, 2008 01/08/2008 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: Joseph Golombek, Jr. Chairman, Brian C. Davis, Richard A. Fontana, Michael J. LoCurto, David A. Rivera - Members FINANCE COMMITTEE: Michael P. Kearns, Chairman, Brian C. Davis, Michael J. LoCurto, David A. Rivera, Bonnie E. Russell - Members. LEGISLATION COMMITTEE: Michael J. LoCurto, Chairman, Richard A. Fontana., Joseph J. Golomberk Jr., David A. Rivera, Demone Smith - 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 MINORITY BUSINESS ENTERPRISE COMMITTEE - ,Demone Smith Chairman Brian C. Davis, Richard A. Fontana, Joseph Golombek, Jr, David A. Rivera, Members EDUCATION COMMITTEE ;Demone Smith Chairman, Brian C. Davis, Richard A. Fontana, Members WATERFRONT DEVELOPMENT COMMITTEE — MICHAEL P. KEARNS, CHAIRMAN, BRIAN C. DAVIS, JOSEPH GOLOMBEK, JR, DAVID A.RIVERA, MEMBERS COMMON COUNCIL CITY HALL - BUFFALO Tuesday, JANUARY 8, 2008 AT 2:00 p.m. Jan 8, 2008 01/08/2008 PRESENT — David A. Franczyk, President of the Council, and Council Members, Davis, Fontana, Golombek, Kearns, LoCurto, Rivera Russell and Smith — 9 ABSENT — None CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO TUESDAY, JANUARY 8, 2008 AT 2:00 P.M. Present - David A. Franczyk, President of the Council, and Councilmembers: Bonifacio, Davis, Fontana, Golombek, Kearns, LoCurto, Russell & Smith - 9 Absent - None On a motion by Mr. Bonifacio, Seconded by Mr. Fontana, the minutes of the stated meeting held on December 26, 2007 and 01/02/2008 reorg were approved. Jan 8, 2008 01/08/2008 INVOCATION - PLEDGE TO FLAG Jan 8, 2008 — FINAL "January 8, 2008 "' 2:00 PM MAYOR 1. Hickory Woods Settlement APP MAYOR - EXECUTIVE 2. Plan Bd- Negative Declaration 980 Ellicott St (Ell) R &F 3. Strat Plan- Response to B. Schifeling- Intentions for 1042 Ellicott St.(EII) R &F 4. Strat Plan - Results of Neg 1070 Ellicott(Ell) APP 5. Strat Plan - Results of Neg 436 & 440 Rhode Island(Nia) CD COMPTROLLER - - -- 5A Certificate of Necessity -Law Dept WITHDRAWN 6- 5B Certificate of Necessity - Police- Fringe Benefits R &F PUBLIC WORKS 7- 6. Notification Serial #10201 to 10203 (EII)(waive 45 days) R &F 8- 7. Authorizing Inter Municipal Agreement Recycling Coordination /Outreach Funding APP 9- 8. Buffalo Skyway Maintenance and Closure Issues FIN 10- 9. Change in Contract Broadway Garage Asbestos Abatement(Ell) APP 11- 10. Change in Contract Crackfilling of City Pavements -2007 APP 12- 11. New Vehicle for Public Works APP 13- 12. Report of Bids Gates Circle Fountain Emerg. Reconstr of Stone Benches(Del) APP 14- 13. Appt Administrative Assistant (Perm)(Max)(Bucino) CS PERMITS & INSPECTIONS 15- 14. Info Re RFP 181 Ellicott St.(EII) LEG SEWER AUTHORITY 16- 15. No Significant Env Impact Determination and Neg Decl (Storm Sewer Sys Compliance Project) R &F CITY CLERK 17- 16. Liquor License Applications R &F 18- 17. Leaves of Absence R &F MISCELLANEOUS 19- 18. B. Davis -CAO -Lease Agreement 326 -328 High St(Ell) FIN,CC,OSP 20- 19. P. Hotung - Proposal to Acquire COB's Remaining Interest in the Main Place Pkg Ramp FIN,PKBD,CC 21- 20. C. Kett -Req Support of Resolution Advancing Concept to Peace Bridge Auth to Install Water Run Electric Turbines R &F 22- 21. A. Thompson- Funding for A New Downtown Bflo Conv Ctr R &F 23- 22. A. Thompson- Request for Assistance with Demolition - Dilapidated R &F PETITIONS 24- 23. C. Hasselback, Agent, Use 1440 Kensington for A Pole Sign (Univ)(No Pub Hrg) LEG,CPBD 25- 24. K. Watson, Owner, Use 228 Doat St for a Human Service Facility (Lov)(No Pub Hrg) LEG,CPBD RESOLUTIONS -- - - -24A Davis Increased Appropriation -Law Prior Years Claims WITHDRAWN 39- 25. Franczyk Appts Asst Leg Aide II(Frost)(Rodriguez), Appt Leg Aide (Privateer) ADOPT 40- 25A Golombek 2007 -08 Environmental Protection Fund Grant -Bflo Niag Riverwalk Rev APP 41- 25B Kearns Transfer in Funds Police Fringe Benefits APP -- - - -25C Russell Budget & Personnel Amendment - Leg -City Clerk OBJECT 42- 26. Smith Comm of Deeds Public Duties ADOPT Jan 8, 2008 01/08/2008 CIVIL SERVICE 26- 1. Com 21 Dec 26 Appt Captain -(Cont Perm)(Shea)(Pol) APP 27- 2. Com 22 Dec 26 Appt Chief- (Prov)(Stroebele)(Pol) APP 28- 3. Com 35 Dec 26 Notices of Appointments- Temp /Prov /Perm(Cty Clk) APP COMMUNITY DEVELOPMENT 29- 4. No. 30 Dec 26 Notice of Intention - Dedication and Street Naming of Jesse Kregal Parkway (Hrg 1/8/08) APP 30- 5. No 71 Dec 26 Updated Draft LWRP ( Strat Plan)( #14, 10/30)( #71, 11/27) WFRONT 31- 6. Res163 Mar 6 Supporting Bflo's Small Businesses in the Film Industry (4 Res. Only) R &F 32- 7. No 43 Oct 16 D.Bonifacio- Buffalo Marinetime Museum Project R &F LEGISLATION 33- 8. No 42 Dec 26 D. Cooper, Owner, Use 427 Elmwood Re- Establish and Re- Configure Restaurant Space (Nia)(Pub Hrg 1/3/08) APP 34- 9. No 43 Dec 26 B. Bernatovicz, Agent, Erect Ground Sign 285 Delaware (EII)(No Pub Hrg) APP 35- 10.Com 25 Dec 26 Restaurant Dance License (Renewal)1104 Elmwood (North)(EDPI) APP 36- 11. No 82 Dec 26 Restaurant Dance License Renewal 75 Chippewa West(Ell)(EDPI)( #29, 7/10) APP 37- 12. Com 3 Oct 30 500 Block of Main -Local Historic District Designation (EII)(Pres Bd)(hrg 1/3) APP 38- 13. Com 42 Dec 11 500 Block of Main St -Hist Dist Designation (EII)(EDPI) R &F FROM THE MAYOR NO. 1 HICKORY WOODS SETTLEMENT TEXT: (TYPE SINGLE SPACE BELOW) Attached as part of this Item is a copy of the historic Settlement Agreement to be entered into between the City, the Buffalo Urban Renewal Agency (BURA) and Counsel for the Hickory Woods Plaintiffs, which sets forth the terms of the settlement of the Hickory Woods litigation. Through this Communication, I am requesting that your Honorable Body approve the payment of $7.2 million from Law Department - Judgment and Claims - Prior Year (10546006- 480205) to a judicially sanctioned settlement account for distribution to the Plaintiffs by the State Supreme Court. Approval of payment of the claims detailed in the attached Agreement would represent full and final payment of all pending claims against the City and BURA relating to the Hickory Woods development and would release the City and BURA from any and all future liabilities associated with the project. Mr. Fontana moved: That the above communication from the Office of the Mayor, dated January 3, 2008 be received and filed; and That the Common Council approve the Settlement Agreement and Order for Hickory Woods in the amount of $7.2 million from Law Department - Judgment and Claims - Prior Year (10546006- 480205) to a judicially sanctioned settlement account for distribution to the Plaintiffs by the State Supreme Court. PASSED AYES - 9 NOES -0 FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE CITY PLANNING BOARD NO. 2 NEGATIVE DECLARATION NOTICE OF DETERMINATION OF NON- SIGNIFICANCE This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (SEAR- State Environmental Quality Review) of the Environmental Conservation Law. City of Buffalo Planning Board Room 901, City Hall 65 Niagara Square Buffalo New York 14202 As per the provisions of SEAR, the Lead Agency has reviewed the following action as it relates to the environment: Action Title Osmose Holdings Inc Location: 980 Ellicott Street Type of Action: Unlisted- Uncoordinated Description: Trautman Associates on behalf of Osmose Holdings Inc. located at 980 Ellicott Street, Buffalo New York is proposing to add a roof addition to contain mechanical equipment. A new data center will be located in an existing building along the north elevation of the existing two - story, masonry warehouse /office. The mechanical equipment for the data center, a new roof system, including perimeter walls, will be constructed approximately 70" above the existing structure. The interior renovations consist of new finishes including gypsum board walls and ceilings, raised computer floor system, lighting, heating and plumbing modifications. The project will be privately funded with the estimated cost of this project being four hundred thousand dollars (400.000). As a result of this Environmental Review, the Lead Agency has determined the undertaking of this action will not have a significant adverse affect on the quality of the environment. No further environmental review of this action will be conducted prior to project implementation and a Draft Environmental Impact Statement will not be prepared. Reasons Supporting This Determination: The facts and reasons for this decision are as follows: the project will continue to allow Osmose Holdings to remain a viable and successful business in the downtown Buffalo area. The identified potential negative Jan 8, 2008 01/08/2008 impacts appear to be primarily short -term site preparation and construction related activities, and do not appear to be significant in magnitude or effect. There are no actions, which will have a significant adverse impact on the environment. For further information relative to this Negative Declaration, contact Mr. Martin Grunzweig, Land Use Controls Coordinator, Room 901 City Half, Buffalo New York 14202 - 716 851 -5085 Dated: December 18, 2007 City Clerk City of Buffalo Public Works, Parks and Streets Department City of Buffalo Economic Development, Permits and Inspections Trautman Associates RECEIVED AND FILED FROM THE OFFICE OF STRATEGIC PLANN1NG NO. 3 RESPONSE TO B. SCHIFELING - INTENTIONS FOR 1042 ELLICOTT STREET ELLICOTT DISTRICT CCP# 76, 12/11/07 The above referenced item is a letter from B. Schifeling advising Your Honorable Body that S & T Properties of Buffalo, LLC. intends to acquire and renovate 1042 Ellicott Street for use as a place of residence for her son. S & T Properties of Buffalo, LLC has submitted cost estimates in the amount of Forty -Five Thousand Dollars ($45,000.00) for the repair /rehabilitation of 1042 Ellicott Street. A line of credit from M & T Bank in the amount of Sixty Thousand ($60,000.00) was also submitted to support the acquisition and repair of 1042 Ellicott Street. The Office of Strategic Planning, Division of Real Estate, recommends that Your Honorable Body approve the sale of 1042 Ellicott Street to S & T Properties of Buffalo, LLC. RECEIVED AND FILED NO. 4 RESULTS OF NEGOTIATIONS 1070 ELLICOTT, 124 - S NORTHAMPTON VACANT LOT: 31'X 160' ASSESSED VALUATION: $1,900 ( ELLICOTT DISTRICT) The Office of Strategic Planning, Division of Real Estate has received a request to purchase 1070 Ellicott Street from Artspace Projects, Inc., Mr. Andrew J. Commers, 250 Third Avenue North, Suite 500, Minneapolis, Minnesota 55401. Artspace Projects, Inc. own 1219 Main Street and 19 Northampton Street, which are adjacent to 1070 Ellicott Street. The vacant lot will be used for extra green space for their project. The Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. The Division of Real Estate has investigated the sale of similar lots in the subject area. Sales range from Thirty -Five Cents ($.35) to Seventy -Five Cents ($75), per square foot. The results of our negotiations are that Artspace Projects, Inc. has agreed and is prepared to pay Two Thousand One Hundred Dollars ($2,100), Forty -Five Cents ($45) per square foot for the subject property. Artspace Projects, Inc. has also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 1070 Ellicott Street to Artspace Projects, Inc. in the amount of Two Thousand One Hundred Dollars ($2,100). 1 am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. Mr. Fontana moved: That the above communication from the Office of Strategic Planning, Division of Real Estate, dated December 31, 2007 be received and filed; and That the offer from Artspace Projects, Inc., Mr. Andrew J. Commers, 250 Third Avenue North, Suite 500, Minneapolis Minnesota 55401, in the sum of two thousand and one hundred dollars ($2,100.00) for the purchase of 1070 Ellicott, be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Office of Strategic Planning be authorized to prepare the necessary • documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES - 9 NOES -0 NO. 6 RESULTS OF NEGOTIATIONS 436 RHODE ISLAND,92' NE BRAYTON VACANT LOT: 30'X 100' ASSESSED VALUATION: $4,400 440 RHODE ISLAND, 60' SW EIGHTEENTH VACANT LOT: 30'X 100' ASSESSED VALUATION: $3,000 (NIAGARA DISTRICT) The Office of Strategic Planning, Division of Real Estate has received a request to purchase 436 and 440 Rhode Island Avenue from 426 Rhode Island LLC, Mr. Blair Woods, 426 Rhode Island Avenue, Buffalo New York 14213. 426 Rhode Island LLC owns adjoining property at 426, and 432 Rhode Island. Together these parcels will be used for storage for the garden business. The Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. The Division of Real Estate has investigated the sale of similar lots in the subject area. Sales range from Eighty Five Cents ($.85) to One Dollar and Twenty Five Cents ($1.25), per square foot. Jan 8, 2008 01/08/2008 The results of our negotiations are that 426 Rhode Island LLC has agreed and is prepared to pay Six Thousand Dollars ($6,000), One Dollar ($1.00) per square foot for the subject properties. 426 Rhode Island LLC has also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 436 and 440 Rhode Island in the amount of Six Thousand Dollars ($6,000). 1 am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT FROM THE COMPTROLLER NO. 6 CERTIFICATE OF NECESSITY TRANSFER OF FUNDS FRINGE BENEFITS - PFRS POLICE We, Byron W. Brown, Mayor and Andrew A. SanFilippo, Comptroller, do hereby certify, pursuant to §20 -12 of the Charter, that it is necessary that the sum of $890,560 be transferred and reappropriated from Fringe Benefits - PFRS, as set forth below: From: Fringe Benefits 17303002 - 432002 PFRS $890,660 To: Police 12003001-411001 Salary $890,660 Dated: Buffalo, NY, January 8, 2008 RECEIVED AND FILED FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO. 7 NOTIFICATION SERIAL # 10201 NO STANDING - REPEAL ON COURT STREET, NORTH SIDE BETWEEN MAIN STREET AND PEARL STREET ELLICOTT NO STANDING - REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 22 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: NO STANDING Prohibited portion of highway prohibited period daily Court Street, notch side between at all times Main Street and Pearl Street This action is being taken to provide short -term metered on- street parking, as requested by Buffalo Place. (see next 2 serials) NOTIFICATION SERIAL #10202 INSTALL METERED PARKING ON COURT STREET, NORTH SIDE BETWEEN MAIN STREET AND PEARL STREET (EXCEPT NO STANDING AND NO PARKING AREAS) ( ELLICOTT DISTRICT) METERED PARKING - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 25 Section 15 of the Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following METERED PARKING METERED PARKING LOCATION PERIOD OF METERED PARKING RATE OF METERED PARKING Court Street, north side 15 Minutes Maximum Rate A Between main St and Pearl St 8 am to 5 pm $.25 per 15 minutes (Except No Standing and No Parking areas) Monday - Friday This action is being taken to provide short -term metered on- street parking, as requested by Buffalo Place. (see previous and next serials) NOTIFICATION SERIAL #10203 INSTALL NO STANDING ON COURT STREET, NORTH SIDE BETWEEN A POINT 125 FEET WEST OF THE WEST CURB OF MAIN STREET AND A POINT 70 FEET WEST THEREFROM ( ELLICOTT DISTRICT) NO STANDING - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Jan 8, 2008 01/08/2008 Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 22 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: NO STANDING PROHIBITED PORTION OF HIGHWAY PROHIBITED HIGHWAY Court Street, north side At all times between a point 125 feet west of the west curb of Main Street and a point 70 feet west therefrom This action is being taken to provide short -term metered on- street parking, as requested by Buffalo Place, and NFTA. (see previous 2 serials) WAIVE 45 DAYS RECEIVED AND FILED NO. 8 AUTHORIZING INTER MUNICIPAL AGREEMENT RECYCLING COORDINATION /OUTREACH FUNDING AND PROJECT DESCRIPTION Permission is hereby requested to authorize the Mayor to enter into an agreement with Erie County, where the purpose of the agreement is to outline the duties and responsibilities concerning the implementing of a recycling education project as funded in part by a grant from the State of New York Department of Environmental Conservation. That the Mayor is authorized to transfer no more than $35,000.00 annually for the years 2007 and 2008 from the Allied Waste Recycling Account to Erie County as the City of Buffalo's local share of the program. Mr. Fontana moved: That the above communication from the Acting Commissioner of Public Works, Parks and Streets dated November 27, 2007, be received and filed; and That the Mayor be, and he hereby is authorized to enter into a intermunicipal Agreement with Erie County for Recycling Coordination /Outreach Funding. The Comptroller be, and he hereby is authorized to transfer no more than $35,000.00 annually for the years 2007 and 2008 from the Allied Waste Recycling Account to Erie County as the City of Buffalo's local share of the program PASSED AYES - 9 NOES -0 NO. 9 THE BUFFALO SKYWAY MAINTENANCE AND CLOSURE ISSUES ITEM NO. 138; C.C.P.12 /11/07 In response to the request made by Your Honorable Body concerning the above mentioned item, the Department of Public Works, Parks and Streets is offering their comments on the street lighting service issues as addressed in the November 5, 2007 letter from National Grid below. National Grid conducted a meeting to discuss the conduit issues on the Skyway. Listed below are the items National Grid would need: Nominal 2" Conduit Radius sweeps of 18" Duct at same elevation as access cover on poles (flex conduit) Need a "pass through" approach to get from one light standard to the next No conditions that create undo safety hazards or require specialized equipment National Grid's recommendations include the conduit being mounted on the jersey barrier (by NYSDOT). This top mount could then provide a "pass through" approach. In addition, National Grid is also looking into using a "T- Base" (transformer base) type set -up, whereas the standards would be picked up (approximately 18 ") and a T -Base would be installed between the jersey barrier and the standard. This base could then be utilized as a junction box and the pass through raceway for the connecting conduit. We never contacted one of our vendors regarding the product availability and potential costs. Furthermore, National Grid also had questions regarding the specs on the drawings and the as built field conditions. Our crews would like to meet with NYSDOT staff to gain access underneath the structure at the low points (Church Street) to compare field conditions and drawing specs. It was also proposed that a future meeting be held with representatives of the Department of Public Works, Parks and Streets, National Grid and NYSDOT. REFERRED TO THE COMMITTEE ON FINANCE NO. 10 CHANGE IN CONTRACT BROADWAY GARAGE ASBESTOS ABATEMENT EILICOTT DISTRICT I hereby submit to Your Honorable Body the following changes for the Broadway Garage, Asbestos Abatement, MCS Remediation, Inc., C #93000044. 1. Removal of approximately 175 linear feet of pipe insulation ADD $15,679.50 from Fire Headquarters. The foregoing change results in a net increase in the contract of Fifteen Thousand Six Hundred Seventy Nine and 50/100 Dollars ($15,679.50). Jan 8, 2008 01/08/2008 Summary Current Contract Amount $133,444.00 Amount of This Change Order#1 ADD $ 15,679.50 Revised Contract Amount $149,123.50 Costs have been reviewed by the consulting engineer, Wattts Architecture & Engineering, and the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in 38320906 445100 - Division of Buildings. Mr. Fontana moved: That the above communication from the Acting Commissioner of Public Works, Parks and Streets dated December 21, 2007, be received and filed; and That the Acting Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue Change Order No. 1, to MCS Remediation, Inc., an increase in the amount of $15,679.50, as more fully described in the above communication, for work relating to Broadway Garage, Asbestos Abatement, C #93000044. Funds for this project are available in 38320906 445100 - Division of Buildings. PASSED AYES - 9 NOES -0 NO. 11 CHANGE IN CONTRACT CRACK FILLING OF CITY PAVEMENTS 2007 GR# 666 THOMAS ASPHALT INC CONTRACT #93000002 ITEM# 14 OF 4/17/07 1 hereby submit to Your Honorable Body the following request for additional work to the above named project. This change order is necessary to crackfill the following locations: Delaware District Delaware Avenue - Gates Circle to Nottingham West Delavan - Chapin Pkwy. to Main Street Masten District East Delavan - Main to Grider Contract Description Unit Estimated estimated Item quantity cost 04.400 Plastic Joint Material Gallons 2,125 $30,812.50 12.110 Maintenance & Protection of Traffic Per Day 5 days $7,250.00 90.500 Miscellaneous Construction Allowance Lump Sum 100% $2,000.00 Increase in Contract $40,062.50 Existing Contract Amount $96,875.00 Increase in Contract $40,062.50 Total Contract to Date $136,937.50 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 Thomann Asphalt, Inc. from Capital Project Account #30032106 - 445100. Mr. Fontana moved: That the above communication from the Acting Commissioner of Public Works, Parks and Streets dated November 15, 2007, be received and filed; and That the Acting Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue a change order to Thomann Asphalt, Inc., an increase in the amount of $40,062.50, as more fully described in the above communication, for work relating to Crack filling of City Pavements - 2007, C #93000002. Funds for this project are available in Capital Project Account #30032106 445100. ? PASSED AYES - 9 NOES -0 NO. 12 NEW VEHICLE FOR PUBLIC WORKS The City of Buffalo is in possession of a donated 20 passenger bus. The Department of Public Works is hereby requesting Your Honorable Body's permission to allow the City to accept ownership of this vehicle. It is a 2002 Ford 20 passenger bus V.I.N. 1 FDXE45S22HA49654. The vehicle was donated by the State of New York and will be used to transport Public Works cleaning crews through out the City. Mr. Fontana moved: That the above communication from the Acting Commissioner of Public Works, Parks and Streets dated December 7, 2007, be received and filed; and That the Acting Commissioner of Public Works, Parks and Streets be, and he hereby is authorized on behalf of the Department of Public Works to accept ownership of a 2002 Ford 20 passenger bus V.I.N. 1 FDXE45S22HA49654. PASSED AYES - 9 NOES -0 NO. 13 REPORT OF BIDS GATES CIRCLE FOUNTAIN Jan 8, 2008 01/08/2008 EMERGENCY RESTRUCTION OF STONE BENCHES JOB # 0767 DELAWARE DISTRICT On November 18, 2007, a private citizen ran into the Gates Circle Fountain with his automobile causing substantial damage to the stone benches. The Office of Planning & Design has been in contact with Geico Insurance to provide them with all information needed for this claim to be expedited in a timely manner. The Commissioner of Public Works, Parks & Streets has declared an emergency and is entering into an agreement with Morris Masonry to reconstruct the Stone Benches at the Gates Circle Fountain. Morris Masonry $34,365.00 40 Appenheimer, Buffalo, NY Thomas Johnson, Inc. $56,000.00 3566 N Buffalo, Orchard Park, NY Highland Masonry No Bid 33 Ransier, West Seneca, NY Funds for the work are available in 30320606 445100 - Division of Buildings. The majority of this money will be credited to this account when we receive the compensation check from Geico Insurance. Mr. Fontana moved: That the above communication from the Acting Commissioner of Public Works, Parks and Streets dated December 21, 2007, be received and filed; and That the Acting Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to award an emergency contract for Gates Circle Fountain - Emergency Reconstruction of Stone Benches, Job #0767, to Morris Masonry, the lowest responsible bidder, in the amount of $34,365.00. Funds for the project are available in 30320606 445 f00 - Division of Buildings, the majority of these funds will be credited to this account when Public Works receives compensation from Geico Insurance. PASSED AYES - 9 NOES -0 NO. 14 CERTIFICATE OF APPOINTMENT Appointment Effective: in the Department of Public Works, Division of Engineering to the Position of Administrative Assistant, Permanent appointment at the Maximum salary of $38,584.00 Charlene Bucino, 15 Hobmoor, Avenue, Buffalo, NY 14216 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT & INSPECTION SERVICES NO. 15 181 ELLICOTT ST. #38 CCP DECEMBER 11, 2007 You have referred Corporation Counsel Lukasiewicz'z response dated November 20, 2007 to item #42 CCP 10/30/07 and #48 CCP 10/30/07 to me for comment. These items involve NFTA's authority to restrict the use of 181 Ellicott Street. The uses and restrictions involve the ability of taxi cabs and other vehicles to park on the part of 181 Ellicott Street that is owned by NFTA. This Department concurs with and agrees to the opinions contained in her response. REFERRED TO THE COMMITTEE ON LEGISLATION FROM THE BUFFALO SEWER AUTHORITY NO. 16 NO SIGNIFICANT ENVIRONMENTAL IMPACT DETERMINATION AND NEGATIVE DECLARATION Pursuant to notice dated November 7, 2007, the Buffalo Sewer Authority (the "BSA ") designated itself as the Lead Agency to carry out the State Environmental Quality Review Act (SEQRA) process to review, undertake, fund and /or approve the following actions: The Buffalo Sewer Authority, in conjunction with the City of Buffalo, will develop a program to comply with the State and Federal government requirements for municipal separate storm sewer systems (MS4) and property located in the City of Buffalo, including but not limited to, adoption of regulations by the BSA and ordinances by the City of Buffalo. The BSA has made a determination that the Action is an Unlisted Action in accordance with 6N.Y.C.R.R. Part617.2 and that the Action will not have a significant adverse environmental impact. Attached is a copy of the December 5, 2007 Resolution of the BSA Board and the SEQRA Environmental Assessment Form and Negative Declaration. If you have any questions, comments or need any further information about the Buffalo Sewer Authority, please contact Ms. Leslie Sedita, of the Buffalo Sewer Authority, 90 West Ferry Street, Buffalo, New York 14213-1799, telephone (716) 883 -1820 (x250). COPY AVAILABLE IN THE CITY CLERKS OFFICE FOR REVIEW RECEIVED AND FILED FROM THE CITY CLERK NO. 17 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 79 West Chippewa St Marty Graw's Inc Darren Neaverth RECEIVED AND FILED NO. 18 Jan 8, 2008 01/08/2008 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 Police — David Cegielski X Management Information Systems — Francis Honrado RECEIVED AND FILED NON - OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON - OFFICIAL COMMUNICATIONS NO. 19 LEASE AGREEMENT FOR 326 -328 HIGH STREET Please file the attached item for further discussion at the neat Common Council session to be held Tuesday, January 8, 2007. Thank you in advance for your assistance with this matter. Dear Mr. Hannon: This correspondence is a request to have the lease agreement between the City of Buffalo and Fruit Belt Homeowners and Tenants Council for use of 326 -328 High Street transferred to the Community Action Organization of Erie County. A partnership between the Fruit Belt Homeowners and Tenants Council and Community Action Organization of Erie County to merge community services has been established and agreed upon. The Community Action Organization of Erie County will assume all current lease terms set forth under the existing lease agreement between the City of Buffalo and Fruit Belt Homeowners and Tenants Council. In addition, the Community Action Organization of Erie County would like to include City parcel lots 334 and 336 High Street within the revised lease agreement. The Community Action Organization of Erie County will continue to provide neighborhood services to the Fruit Belt community. The Fruit Belt Homeowners and Tenants Council will continue to support and address Fruit Belt resident's concerns, while also providing guidance as a Neighborhood Advisory Council for the Community Action Organization of Erie County. The Fruit Belt Homeowners and Tenants Council and Community Action Organization of Erie County would like to schedule a meeting with you to review the most recent terms and lease agreement. If you have any questions or comments, please feel free to contact me at 881 -5150. REFERRED TO THE COMMITTEE ON FINANCE, CORPORATION COUNSEL & OFFICE OF STRATEGIC PLANNING NO. 20 MAIN PLACE PARKING GARAGE The City of Buffalo owns the Main Place Parking garage under a 50 -year agreement that will expire July 1, 2019, at which time ownership of the facility will revert at no cost to Violet Realty, Inc., the current owner of the Main Place Mall and Main Place Tower. The City is responsible for keeping the facility in proper condition, including making necessary repairs to or replacements of any mechanical or structural components that are consumed as a result of operating the parking garage. From a historical perspective, the facility cost $4.3 million to build in 1969. In 1989, however, the City incurred $8 million in re- construction costs to restore deteriorating structural columns and replace concrete decks. The City also spent $501,000 to re- construct the mechanical systems in 1997. In 2005, an additional $1.3 million in concrete repairs and waterproof membrane replacement was incurred, while repairs to the deteriorated slab- over -grade on the 3 rd basement level were not addressed. and leakage problems at different locations resulted in delamination and spalling conditions of the concrete and In 2006, we hired O &S Associates Consulting Engineers to perform a condition assessment report of the foundation preferred manner by excavating outside the structure next to the perimeter foundation walls so that a proper waterproofing walls perimeter structure of the parking garage. They found that water seepage a with corrosion in several locations. Their budgeted construction cost estimate was $737,000. However, they did not contemplate performing the repair in the barrier could be applied to prevent further leakage. This would have added several hundred thousand dollars to the repair costs. Unfortunately, the bottom line is that owning a parking facility in Buffalo with its winter conditions leads to high interested in acquiring the City's remaining 11 -year ownership interest. maintenance costs, increasingly so as facilities age. Nevertheless, as the eventual owner of the parking garage we remain We have had an opportunity to analyze the updated operating results of the Main Place Parking Ramp prepared by Buffalo Civic Auto Ramps and provided to us by the Board of Parking. Please consider this as our formal proposal to acquire the City of Buffalo's remaining interest in the Main Place Parking 1. Purchaser: Violet Realty, Inc. or a related entity 2. Closing Date: July 1, 2008 3. Purchase Price: Option A: Seven million ninety -five thousand dollars ($7,095,000) payable in forty -four equal quarterly installments of $161,250 in advance ( "Quarterly Purchase Payment ") with continuing responsibility to City for deferred maintenance and capital repairs through July 1,2019. Option B: Lump sum payment at closing equal to the appraised fair market value of the City's remaining interest in the parking ramp, giving due consideration to deferred maintenance and capital repair obligations, by a licensed and certified independent appraiser to be mutually selected by Purchaser and Seller. The cost of such appraisal will be shared equally by the parties. 4. Deferred Maintenance and Capital Repairs (applicable to Purchase Option A only): Within the first two (2) years of ownership, Purchaser, at Seller's expense, will cause to make the deferred maintenance and capital repairs, including but not limited, to the exterior perimeter walls, concrete slabs, ventilation and other equipment within the parking ramp as determined by a structural and mechanical assessment report performed by qualified professional engineers licensed in New York State as selected by Purchaser. The actual cost of such repairs shall, at Seller's option, either be paid by the Seller upon invoicing by the Purchaser as work is performed, or be deducted, together with interest on any unpaid amounts calculated at HSBC Bank USA's prime lending rate, from the Quarterly Purchase Payments until fully paid. The cost of any engineering assessment reports shall be paid by Seller. 5. Property Taxes: The Purchaser expects the facility to become a taxable real estate parcel and agrees to pay property taxes thereon. This will generate an estimated $3 million in new revenue to the General Fund over the next 11 years. Jan 8, 2008 01/08/2008 Under Purchase Option A only, any property taxes attributable to an assessed value in excess of the $7,094,000 current assessed value through June 30, 2019 shall be deducted from the Quarterly Purchase Payments. Since we will have a vested interest in operating the parking garage in a first -class manner, timely reinvestment in capital repairs will be assured. We also anticipate that our planned service enhancements will lead to increased occupancy levels in both the Main Place Tower and Liberty Building which, in turn, will result in higher assessed values and more tax revenue to the City. 6. Non - binding: This proposal is merely an expression of interest and is non - binding on either party, the intent being that both parties only be bound after negotiating and entering into a written fully- executed contract. We respectfully ask that the Board of Parking review our offer and recommend to the City's administration that it initiates contract discussions with us. We would welcome the opportunity to answer any questions the Directors of the Board may have regarding this proposal REFERRED TO THE COMMITTEE ON FINANCE, BOARD OF PARKING AND CORPORATION COUNSEL NO. 21 REQUEST SUPPORT OF RESOLUTION ADVANCING CONCEPT TO PEACE BRIDGE AUTHORITY TO INSTALL WATER RUN ELECTRIC TURBINES AT PEACE BRIDGE In response to your communication regarding the above matter, the following resolution was passed by the Municipal Council of the Town of Fort Erie at its meeting of December 17, 2007: THAT: The resolution of the City of Buffalo Common Council dated November 27, 2007 advancing a concept to the Peace Bridge Authority of installing water run electric turbines at the Peace Bridge be received, and further THAT: In the event the Peace Bridge Authority gives serious consideration to the concept, that the Peace Bridge Authority be respectfully requested to ensure the Town of Fort Erie has an opportunity for dialogue and input, and further THAT: The appropriate persons be so notified of this action. RECEIVED AND FILED NO. 22 FUNDING FOR A NEW DOWNTOWN BUFFALO CONVENTION CENTER On behalf of the residents of the 60 ccn Senatorial District, I would like to respectfully request your assistance in appropriating $100 million within the 2008 capital budget for a new convention center in downtown Buffalo. You have seen firsthand some of the development that is currently under construction and some of the economic dilemmas and problems that we face as a city. A project of this nature would not only employ thousands for construction and business expansion, it would make Buffalo more attractive and competitive in securing much larger conventions, summits, and the like. This in turn would provide positive economic spin off to local merchants in the food, entertainment, tourism and hospitality industries. Sincerely, Antoine M. Thompson RECEIVED AND FILED NO. 23 REQUEST FOR ASSISTANCE WITH DEMOLITION On behalf of the residents of the 60 Senatorial District, I would like to respectfully request your assistance with obtaining the proper clearance, resources, and equipment to aid the City of Buffalo and the City of Niagara Falls in demolishing dilapidated housing. As the second - largest city in New York State, Buffalo possesses over 10,000 vacant and dilapidated properties. A large percentage of these properties are beyond repair and serve only as an eyesore, a pubic safety hazard, and a magnet for illegal activity. These problem properties are estimated to cost the City of Buffalo more than $100 million over the course of a decade. The same is true for Niagara Falls, a regional, national, and international travel destination. While trying to increase the length of stay in Niagara Falls for the average tourist while exploring the city, we must take into account the dilapidated housing within its communities that impacts tourists. These abandoned properties give the impression and perception of a lack of public safety. No one wants to be anywhere where they don't feel safe or comfortable. While New York State has steadily increased the amount of state aid provided to the City of Buffalo and the City of Niagara Falls, alternative methods must be found to supplement it. I am respectfully requesting your assistance to provide equipment and resources to demolish dilapidated housing in the City of Buffalo and the City of Niagara Falls. My of oewillcontactyoushortlyinordertoarrangeameeting .Ifmyof oecanbeof assistance in the meantime, please contact (716) 854 -8705. Sincerely Antoine M. Thompson RECEIVED AND FILED PETITIONS NO. 24 CAROL HASSELBACK, AGENT, USE 1440 KENSINGTON FOR A POLE SIGN (UNIV)(NO PUB HRG) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 25 K. WATSON, OWNER, USE 228 DOAT ST FOR A HUMAN SERVICE FACILITY (LOV)(NO PUB HRG) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD Jan 8, 2008 01/08/2008 CIVIL SERVICE (BONNIE E. RUSSELL, CHAIRPERSON) NO. 26 APPT CAPTIAN4CONT PERM)(SHEA)(POL_ CCP#21,12/26 That Communication 21 of Dec 26, 2007 be received and Filed and that the Contingent Permanent Appointment of James P. Shea Stated above at the salary of $75,223.00 is hereby approved. PASSED AYES -9 NOES -0 NO. 27 APPT CHIEF- (PROV)(STROBELE)(POL) CCP #22,12/26 That Communication 22 of Dec 26, 2007 be received and Filed and that the Provisional Appointment of Brain Strobele Stated above at the salary of $84,771.00 is hereby approved. PASSED AYES -9 NOES -0 NO. 28 NOTICES OF APPOINTMENTS - TEMP /PROV /PERM(CTY CLK) CCP#35,12/26 That the above item be the same and hereby is Received and Filed. ADOPTED AYES - 9 NOES -0 COMMUNITY DEVELOPMENT (JOSEPH GOLOMBEK JR., CHAIRMAN) NO. 29 DEDICATION AND STREET NAMING OF JESSE KREGAL PATHWAY (ITEM NO. 112, C.C.P., DEC. 11, 2007) (ITEM NO. 30, C.C.P., DEC. 26, 2007) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Golombek moved: That after having approved the request of Councilmember LoCurto to change the name of the Scajaquada Parkway (Item No. 112, C.C.P., December 11, 2007) pursuant to City Charter and Code §286 -3(B) to the Jesse Kregal Pathway; and That after the public hearing held January 8, 2008 at 2:00 p.m. pursuant to Section 48 of the Charter of the City of Buffalo; and That the Common Council hereby approves the request to rename the Scajaquada Pathway and dedicate the Jesse Kregal Pathway as more fully described in the above - listed communication with the location map attached, pursuant to City Charter and Code §286 -3(D). PASSED AYES - 9 NOES -0 NO. 30 UPDATED DRAFT LWRP (STAT PLAN) ( #1410/30) (#7111/27) That the above item be the same and is hereby Referred to the Special Committee on Waterfront ADOPTED NO. 31 SUPPORTING BFLO'S SMALL BUSINESSES IN THE FILM INDUSTRY (4 RES. ONLY)CCP# 163,02/06 That the above item be the same and is hereby Received and Filed ADOPTED NO. 32 D.BONIFACIO- BUFFALO MARINETIME MUSEUM PROJECT CCP#43,10/16 That the above item be the same and is hereby Received and Filed ADOPTED LEGISLATION (MICHAEL J. LOCURTO, CHAIRMAN) NO. 33 DAVID COOPER, PETITION TO USE 427 ELMWOOD - RE- ESTABLISHED AND RE- CONFIGURE RESTAURANT SPACE (ITEM NO. 42, C.C.P., DEC. 26, 2007) That after the public hearing before the Committee on Legislation on January 3, 2008, the petition of David Cooper, owner, for permission to use 427 Elmwood to re- establish a terminated special use and re- configure space of a restaurant in the Elmwood Avenue Special District, be, and hereby is approved. Jan 8, 2008 01/08/2008 PASSED AYES - 9 NOES -0 NO. 34 BETHANY BERNATOVICZ - PETITION TO USE 285 DELAWARE - GROUND SIGN (ITEM NO. 43, C.C.P., DEC. 26, 2007) That the petition of Bethany Bernatovicz, agent, for permission to use 285 Delaware Avenue for a 4' by 8' groundsign be, and hereby is approved. PASSED AYES - 9 NOES -0 NO. 35 RESTAURANT DANCING CLASS IV - 1104 ELMWOOD (ITEM NO. 25, C.C.P., DEC. 26, 2007) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. LoCurto moved: That pursuant to Chapter 150 of the City Code, the Commissioner of Economic Development, Permit & Inspection Services be, and he hereby is authorized to grant a Restaurant Dancing Class IV license to David Schatzel, d /b /a Coles Restaurant, located at 1104 Elmwood Avenue PASSED APPROVED AS AMENDED AYES - 9 NOES -0 NO. 36 RESTAURANT DANCING CLASS I - 75 CHIPPEWA WEST (ITEM NO. 29, C.C.P., JULY 10, 2007) (ITEM NO. 82, C.C.P., DEC. 26, 2007) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. LoCurto moved: Commissioner of Economic That pursuant to Chapter 150 of the City Code, the grant a Development, permit & Inspection Services be, and he hereby is authorized to Restaurant Dancing -Class I license to Michael Sherk, d /b /a Level Entertainment LLC, located at 75 Chippewa West. PASSED AYES - 9 NOES — 0 NO. 37 "500 BLOCK OF MAIN" STREET - LOCAL HISTORIC DISTRICT DESIGNATION (ITEM NO. 3, C.C.P., OCT. 30, 2007) That after the public hearing held before the Committee on Legislation on January 3, 2008, the "500 Block of Main" be designated as a local historical preservation district, pursuant to Article III, Section 337 -7 through 8 of the Preservation Standards of the Buffalo City Code; and That this designation is made upon due consideration of the reports and for the reasons set forth in the reports of the Buffalo Preservation Board; and That the Secretary of the Preservation Board be, and hereby is directed to file a description of the historic district with the City Clerk, the Planning Board; the Director of the Division of Planning and with the Department of Public Works; and That the Petitioner is directed to file a description or map of the property with the Erie County Clerk's Office. PASSED AYES - 9 NOES -0 NO. 38 500 BLOCK OF MAIN ST HIST DIST DES IGNATION(ELL)(EDPI) CCP# 42, 12/11 That the above item be the same and hereby is received and filed ADOPTED RESOLUTIONS NO. 39 BY: MR. FRANCZYK VARIOUS APPOINTMENTS AS ASSISTANT LEGISLATIVE AIDE H. LEGISLATIVE AIDE I hereby appoint Lisa Frost and Erica Rodriguez to the position of Assistant Legislative Aide II to the Common Council effective January 2, 2008. 1 hereby appoint Karen Privateer to the position of Legislative Aide to the Common Council effective January, 2, 2008 ADOPTED. AYES — DAVIS, FONTANA, FRANCZYK, GOLOMBEK, KEARNS, LOCURTO, RIVERA- 7 NOES — RUSSELL, SMITH — 2 NO. 40 BY: MR. GOLOMBEK 2007 -2008 ENVIRONMENTAL PROTECTION FUND GRANT - BUFFALO NIAGARA RIVERWALK REVITALIZATION PHASE I Jan 8, 2008 01/08/2008 WHEREAS, The New York State Legislature created the Environmental Protection Fund (EPF) in 1977 to provide a reliable, dedicated source of funding for a variety of key environmental programs in NYS; WHEREAS, The New York Department of State annually solicits grant applications from local government sponsors for the Environmental Protection Fund Local Waterfront Revitalization Program; WHEREAS, The Buffalo Niagara Riverkeeper is a non - profit organization based in Western New York dedicated to improving waterfront access, restoring watershed ecology, conserving river heritage and cultivating river stewardship; WHEREAS, The Buffalo Niagara Riverkeeper proposes to seek funding for Phase I of the Buffalo Niagara Riverwalk Revitalization; WHEREAS, The Buffalo Niagara Riverkeeper requests sponsorship by the City of Buffalo to apply for the Environmental Protection Fund Local Waterfront Revitalization Program grant funding; NOW, THEREFORE, BE IT RESOLVED: That the Mayor is hereby authorized to execute any and all documentation necessary to apply, accept and administer said grant funding. PASSED AYES - 9 NOES -0 NO. 41 BY MR. KEARNS TRANSFER OF FUNDS FRINGE BENEFITS - PFRS POLICE That pursuant to §20 -12 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the sum of $890,560 be and the same is hereby transferred from Fringe Benefits -PFRS and said sum is hereby reappropriated as set forth below: From: Fringe Benefits $890,560 17303002 - 423002 PFRS Police 12003001-411001 Salary $890,560 PASSED AYES - 9 NOES -0 NO. 42 BY. MR SMITH APPOINTMENTS COMMISSIONERS OF DEEDS REQUIRED FOR THE PROPER PERFORMANCE OF PUBLIC DUTIES That the following persons are hereby appointed as Commissioner of Deeds for The term ending December 31,2008, conditional upon the persons so appointed certifying under oath to their qualifications and filing same with the City of Buffalo Barbara Chase Gabriel Gauthier David Rivera Jennifer Holquin Thomas Chwalinski TOTAL 5 ADOPTED NO. 43 ANNOUNCEMENT OF COMMITTEE MEETINGS The following meetings are scheduled. All meetings are held in the Common Council Chambers, 13 floor City Hall, Buffalo, New York, unless otherwise noted. Regular Committees Committee on Civil Service Tuesday, January 15, 2008 at 9:45 o'clock am Committee on Finance Tuesday, January 15, 2008 at 10:00 o'clock A.M. Committee on Community Development Tuesday, January 15, 2008 at 1:00 o'clock P.M. Committee on Legislation Tuesday, January 15, 2008 at 2:00 o'clock Special Committees Committee on Waterfront Development Wednesday January 9, 2008 at 5:00 o'clock PM (Public Disclaimer): All meetings are subject to change and 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. 44 ADJOURNMENT On a motion by Mr. Fontana, Seconded by Mrs. Russell, the Council adjourned at 2:30 PM GERALD CHWALINSKI CITY CLERK Jan 8, 2008 01/08/2008 SPECIAL SESSION JANUARY 9, 2008 AT 10:30 A.M. Call for Special Session R &F Budget and Personnel Amendment — Legislative FIN Adjournment R &F COMMON COUNCIL CITY HALL - BUFFALO SPECIAL SESSION Wednesday, January 9, 2008 at 10:30 A.M. PRESENT : David A. Franczyk President of the Council, and Council Members Davis, Fontana, Kearns, LoCurto, Rivera - 6 ABSENT: Golombek, Russell, Smith - 3 NO. 1 CALL FOR SPECIAL SESSION Pursuant to Section 3.9 of the Charter of the City of Buffalo, upon the written request of Five Councilmembers, dated January 8, 2008 presented to you herewith, I hereby call a Special Meeting of the Common Council, to be held in the Council Chambers, City Hall, Buffalo, New York, on January 9, 2008 at 10:30 A.M. for the following purposes: To receive and take appropriate action on All Items Relating To 1.) Budget & Personnel Amendment Legislative RECEIVED AND FILED TO EACH MEMBER OF THE COMMON COUNCIL: YOU ARE HEREBY NOTIFIED that, pursuant to Section 3.9 of the Charter of the City of Buffalo, upon the written request of Five Councilmembers, dated January 8, 2008, DAVID A. FRANCZYK, President of the Common Council, has called a Special Meeting of the Common Council, to be held in the Council Chambers, City Hall, Buffalo, New York, on January 9, 2008 at 10:30 A.M. for the following purpose: To receive and take appropriate action on all items relating to 1.) Budget & Personnel Amendment - Legislative January 8, 2008 Hon. David A. Franczyk President Common Council 1315 City Hall Buffalo, New York Dear Sir: WE, the undersigned, members of the Common Council, hereby request that you call a Special Meeting of the Common Council and waive the 24 hour notice, pursuant to Section 3.9 of the Charter of the City of Buffalo, for the following purpose: To receive and take appropriate action on All items pertaining to Budget & Personnel Amendment- Legislative We request that this Special Meeting be held on January 9, 2008 at 10:30 A.M. David A. Rivera Michael J. LoCurto Michael P. Kearns David A. Franczyk Richard A. Fontana Pursuant to Rule 2 of the Rules of Order of the Common Council of the City of Buffalo, each of the following named members of the Common Jan 8, 2008 01/08/2008 Council, to wit: BRIAN DAVIS RICHARD FONTANA JOSEPH GOLOMBEK MICHAEL KEARNS MICHAEL LOCURTO DAVID RIVERA BONNIE E. RUSSELL DEMONE SMITH hereby agrees that twenty -four (24) hours' notice be waived of the time and purpose of the Special Meeting of the Common Council duly called to be held on January 9, 2008 at 10:30 A.M. AYES 7 — Rivera, LoCurto, Kearns, Fontana, Golombek, Davis, Russell NOES 1— Smith NO2 BUDGET AND PERSONNEL AMENDMENT 01 - LEGISLATIVE 1002 - LEGISLATION 02- CITY CLERK 1020 - CITY CLERK The Common Council of the City Of Buffalo does ordain as follows: That part of Section 1 of Chapter 35 of the Code of the City of Buffalo, relating to 01 - Legislative -1002- Legislation, 02- City Clerk -1020 - City Clerk which currently reads: 10102001 411001 1 Legislative Staff Manager $ 47,998 1 Senior Legislative Assistant 1 V $ 65,000 10220001 411001 1 Deputy City Clerk $ 58,729 Is hereby amended to read: 10102001 411001 0 Legislative Staff Manager $0 1 Senior Legislative Assistant IV $50,645 2 Senior Legislative Assistant $39,003 10220001 411001 1 Deputy City Clerk $ 43,076 IT IS HEREBY CERTIFIED, pursuant to Section 3 -19 of the Charter, that the immediate passage of the foregoing ordinance is necessary. That a personnel requisition incident to the creation of the above - mentioned position, containing a statement of the duties for such position, has been filed with the Municipal Civil Service Commission, and said Commission has approved and certified the position title set forth in the foregoing ordinance as being the appropriate Civil Service title for the proposed position GERALD A. CHWALINSKI, CITY CLERK AND DONNA J. ESTRICH, DIRECTOR OF BUDGET, ADMINISTRATION AND FINANCE, hereby certify that the above change is necessary for the proper conduct, administration and performance of essential services of that department. We recommend that the compensation for said position be fixed at the respective amount set forth in the foregoing ordinance. REFERRED TO THE COMMITTEE ON FINANCE AYES 5 — Fontana, Franczyk, Kearns, LoCurto, Rivera NOES 1 — Davis NO. 3 ADJOURNMENT On a motion by Mr. Fontana seconded by Mr. Kearns, the Council adjourned at 10:37 A.M. Gerald A. Chwalinski City Clerk Jan 8, 2008 01/08/2008 Jan 8, 2008