HomeMy WebLinkAbout10-0105 (2)No. 1
PROCEEDINGS
OF THE
CITY OF BUFFALO
January 5, 2010
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
DEMONE A. SMITH — MASTEN
MICHAEL J. LO CURTO — DELAWARE
JOSEPH GOLOMBEK JR. — NORTH
DAVID A. RIVERA- NIAGARA
BONNIE C. RUSSELL - UNIVERSITY
REGULAR COMMITTEES
Members
CIVIL SERVICE COMMITTEE: Bonnie E. Russell Chairman, Michael P. Kearns, Richard A. Fontana, David A. Rivera, -
CLAIMS COMMITTEE: David A. Rivera Chairman, Richard A. Fontana, Michael P. Kearns, Bonnie E. Russell - Members
COMMUNITY DEVELOPMENT COMMITTEE: Michael LoCurto, Chairman, Richard A. Fontana, Joseph Golombek Jr.,
David A. Rivera, Demone Smith - Members
FINANCE COMMITTEE: Michael P. Kearns, Chairman, Michael J. LoCurto, David A. Rivera, Bonnie E. Russell, Demone
A. Smith - Members.
LEGISLATION COMMITTEE: Joseph Golombek Jr., Chairman, Richard A. Fontana, Michael LoCurto, David Rivera,
Bonnie E. Russell- Members.
RULES COMMITTEE: David A. Franczyk, Chairman, Richard A. Fontana, David A. Rivera - Members
SPECIAL COMMITTEES
Members
BUDGET COMMITTEE: Richard A. Fontana, Chairman, Michael P. Kearns, Michael J. LoCurto, Bonnie E. Russell -
EDUCATION COMMITTEE: Demone Smith, Chairman, Richard A. Fontana, Michael P. Kearns - Members
MINORITY BUSINESS ENTERPRISE COMMITTEE: Demone Smith Chairman, Richard A. Fontana,
Joseph Golombek Jr., David A. Rivera, Members
POLICE OVERSIGHT: Richard A. Fontana, Chairman, Michael PASSED. Kearns, David A. Rivera, Bonnie E. Russell,
Demone Smith — Members
Members
PUBLIC TRANSPORTATION: Michael P. Kearns, Chairman, Richard A. Fontana, Michael J. LoCurto, David A. Rivera -
WATERFRONT DEVELOPMENT COMMITTEE: Michael P. Kearns, Chairman, Joseph Golombek, Jr, Michael J.
LoCurto, David A. Rivera, members
CORPORATION PROCEEDINGS
COMMON COUNCIL
CITY HALL - BUFFALO
TUESDAY, JANUARY 5, 2010
AT 2:00 P.M.
Present - David A. Franczyk, President of the Council, and Councilmembers: Fontana, Golombek, Kearns, LoCurto, Rivera, Russell,
Smith -8
Absent - 0
On a motion by Mr. Fontana, Seconded by Mr. Kearns, the minutes of the stated meeting held on December 22, 2009 were approved.
INVOCATION PLEDGE TO FLAG
DATE January 5. 2010
FINAL
MAYOR
1-
A Temporary Appointment -Comm of Police(Derenda)
R &F
2-
B. Temporary Appointment -Comm of Fire(Whitfield, Jr)
R &F
MAYOR - EXECUTIVE
3-
1. Strat Plan- Approval to Accept Title to 425 Normal
Order of Forfeiture US Gov't (Nia)
APP
4-
2. Strat Plan -SEAR Lead Agency Designation Bflo
Pres Bd 918 -920 Main St(Nia)
ADOPT
COMPTROLLER
5-
3. Audit Report -Div of Comp & Benefits -HR Response
FIN
6-
4. Audit Report -Div of Comp & Benefits - Medical, Dental and Case Mngt
Processing and Payments
FIN
7-
5. Bond Closeout - $1,424,263.98
FIN
8-
6. Oplainski /Parete Settlement
FIN
PUBLIC WORKS
9-
7. Change in Contract -Main St 700 Block Rd Reconstruction Project
APP
10-
8. GPS Vendor- Interfleet
APP
11-
9. Permission to Increase Contract Hamilton, Houston & Lownie Architects
APP
12-
10. Petition NYSDOT- Hearing for Permanent at -Grade Crossing -
Fuhrmann Blvd Project (South)
APP
13-
11. Reduction in Retention Babcock St Bridge Replacement Project(Lov)
APP
14-
12. Response -Allen St. Wadswoth to Elmwood
R &F
15-
13. Request Perm to Take into Fleet- Chrysler Suburban
FIN
16-
14. Request Perm to Take into Fleet -2002 Ford Bus
FIN
17-
15. Appts Park Supervisor I (Perm)(Max)(DeJames, Durfee,Penta)
CS
18-
16. Appt Supervisor of Rinks & Pools(Perm)(Max)(Wojcik)
CS
19-
17. Appt Head Grower(Perm)(Max)(Krajnik)
CS
20-
18. Appts Recreation Instructor(Perm)(Max) (Milovich, Fracos, Dempsey,
DanielsDunbar , Harrington, Liebner, Tomporowski)
CS
21-
19. Appts Recreation Instructor(Perm)(Inter)
(SteinwandelCampobello, Brozyna, Browning)
CS
22-
20. Appts Park Utility Worker (Perm)(Max)(Fray,Swaringer, Martinez,Stokley,
Dziedzic, Stevens Jr., Bundy, Syracuse, Propis, DiCioccio, Schwertfeger)
CS
23-
21. Appt Park Utility Worker(Perm)(Inter)(Leonard)
CS
24-
22. Appt Park Utility Worker(Prov)(Inter)(Snyder)
CS
25-
23. Appts Community Recreation Aide( Perm)( Max) (Rogers,Middlebrooks,Maracle)CS
26-
24. Appts Community Recreation Aide(Perm)(Inter)(Doll III, Snyder)
CS
27-
25. Appts Laborer I I(Perm)(Max)(Sumbrum, Berry)
CS
28-
26. Appt Motor Equipment Mechanic(Perm)(Max)(Norris)
CS
29-
27. Appt Stenographer (Perm)(Max)(Mustafa)
CS
30-
28. Appt Laborer II (Perm)(Inter)(Finnegan)
CS
31-
29. Appts Equipment Operator (Perm)(Fourth Step) (Montelone, Pinelli)
CS
32-
30. Appt Heavy Equipment Operator(Perm)(Fourth Step)(Mazur)
CS
CORPORATION COUNSEL
33-
31. Maryner Redevelopment- Refund of Excess Real Property
Taxes(2005 -06, 2006 -07, 2008 -09)
APP
PERMITS AND INSPECTIONS
34-
32. Food Store License(New) 2565 Bailey (Lov)
APP
35-
33. Food Store License(New) 535 Broadway(Ell)
LEG
36-
34. Food Store License(New) 1531 East Delavan(Lov)
APP W /COND
37-
35. Food Store License(New) 1799 Genesee (Fill)
LEG
ADMINISTRATION
AND FINANCE
38-
36. Lease of Copiers- Toshiba
APP
CITY
CLERK
39-
37. Liquor License Applications
R &F
40-
38. Notices of Appointment - Seasonal
R &F
41-
39. Notices of Appointments- Temp /Prov /Perm
CS
MISCELLANEOUS
42-
40. B. Ball- Concerns Bias in an Ellicott District Appointment Candidate
R &F
43-
41. T. Dee -Erie Canal Harbor Dev Corp -Canal Side General Project Plan
W /FRONT
44-
42. P. Haberstro -Erie County Walkability Study
LEG
45-
42A M. Kearns - Buffalo News Article re: Water Rates
FIN
46-
42B D. Smith -B. Lanks - Article The Incredible Shrinking Citv
CD
47-
42C D. Smith -B. Mock - Article Can They Save Youngstown
CD
48-
43. NYSDEC -SEAR Lead Agency Coordination Battaglia Transfer Station
LEG
49-
44. G. Pritchard - Withdraw Name For Vacant Ellicott District Council Seat
R &F
50-
45. L. Rucinski- Request to Purchase Computer
APP
RESOLUTIONS
52-
70-
45A Kearns Increasing Transparency in Gov't
FIN
71-
46. Golombek Eliminating BERC As a Step Towards New Approach for Economic
Notices of Appointments- Temp /Prov /Perm(Cty Clk)
R &F
Development ADOPT 1 ST RES REM TO CD
72-
46AB LoCurto Disch CD ccp# 59,12/22/09 - Report of Sale 349 Hewitt
ADOPT D/C APP
73-
46AA Russell Budget and Personnel Amendment - Common Council
APP
74-
46A Smith Comm of Deeds Public Duties
ADOPT
75-
47. Smith Comm of Deeds
ADOPT
76-
47A Smith Appoint Legislative Assistant(McAlister)
ADOPT
77-
47B Smith,etc Ellicott district Vacancy
COW
TABLE ITEMS
7. No 38 Dec 22
Buffalo Water Board - Notice of Public Hearina
#105 9/1/09 K. Frizlen, Owner, Rezone 301, 305, 311 West Utica for
58-
8. No 39 Dec 22
Multi Family Housing (Nia)(hrg 5/19)
R &F
SUBMISSION LIST OF COMMITTEE ITEMS FOR THE COUNCIL MEETINGS
CIVIL SERVICE
51-
1. Com 22 Dec 22
Appt Street Worker(Perm)(Inter)(Norman)(PW)
APP
52-
2. Com 23 Dec 22
Appt Street Worker (Perm)(Inter)(Leonard)(PW)
APP
53-
3. Com 34 Dec22
Notices of Appointments- Temp /Prov /Perm(Cty Clk)
R &F
FINANCE
54-
4. Com 13 Dec 22
Lease Agreement Btwn COB & Kleinhans Music Hall(Nia)(PW)
APP W /COND
55-
5. Com 28 Dec 22
EZ Tag Contract (A &F)
APP
56-
6. Com 29 Dec 22
Amendment to Contract Inquiries, Inc. Background Investigations
Entry Police
and Fire Candidates (CS)
APP
57-
7. No 38 Dec 22
Buffalo Water Board - Notice of Public Hearina
R &F
58-
8. No 39 Dec 22
Buffalo Water System - Monthly Operations Report- November 2009
R &F
59-
9. No 48 Nov 10
International Brotherhood of Elec Wkrs - Qualified Installers
of Municipal
Solar Electric Systems
R &F
60-
10. No 59 July 7
R. Fontana - Resident Req Information on Homesteadinq Propertv
R &F
COMMUNITY
DEVELOPMENT
61-
11. Com 5 Dec 22
Report of Sale 124 Courtland(Lov)(Strat Plan)
APP
62-
12. Com 7 Dec 22
Report of Sale 24 Stone (Lov)(Strat Plan)
APP
63-
13. No 44 Dec 22
M. Marsch- Concerns - Buffalo Hotel Owners & Operators
R &F
LEGISLATION
64-
14. No 50 Dec 22
A. Cantos, Owner, Use 2264 Main St. for a Ground Sign
(Del)(no pub hrq)
APP W /COND
65-
15. No 75 Dec 22
A. Lojancono, Owner, Use 1518 Hertel Ave - Convert 1 Story Masonry
to a Take -Out Restaurant(Del)(hrg
11/17)( #57,11/10)( #84,11/24)
RECOMMIT
RULES
66-
16. No 123 Sept 16
Change Starting Time of Common Council Meetinq
R &F
67-
17. Res 104 May 29
Budget Amendments
R &F
68-
18. Res 84 Dec 8
Limiting Employees In Council Offices Rec Healthcare &
Benefits
R &F
69-
19. Res 85 Dec8
Req Bflo CC Chief of Staff & Central Staff to Hold Degrees
R &F
FROM THE MAYOR
NO. 1
TEMPORARY APPOINTMENT OF POLICE COMMISSIONER PURSUANT TO § 13 -2 OF THE CITY CHARTER
In accordance with §13 -2 of the City Charter, effective January 1, 2010 (the start of next Mayoral term), I hereby appoint Daniel Derenda
temporary Commissioner of Police, without Common Council approval for a period not to exceed 180 days, to fill the vacancy created by
operation of law.
RECEIVED AND FILED
NO. 2
TEMPORARY APPOINTMENT OF FIRE COMMISSIONER PURSUANT TO §14 -2 OF THE CITY CHARTER
In accordance with §14 -2 of the City Charter, effective Immediately, I hereby appoint Garnell W. Whitfield, Jr., temporary Commissioner
of Fire, without Common Council approval for a period not to exceed 180 days, to fill the vacancy
RECEIVED AND FILED
FROM THE MAYOR - EXECUTIVE DEPARTMENT
FROM THE OFFICE OF STRATEGIC PLANNING
NO. 3
APPROVE TO ACCEPT TITLE TO 425 NORMAL
ORDER OF FORFEITURE - UNITED STATES GOVERNMENT
(NIAGARA DISTRICT)
The Office of Strategic Planning, Division of Real Estate has received notice from the United States Department of Justice that an Order
of Forfeiture against the above defendant property was filed on August 20, 2009. The property was forfeited to the United States
Government.
The property located at 425 Normal Street consists of a 2400 sq. ft. two family home and a 2200 sq. ft two family home at the rear of the
lot, situated on a lot having a frontage of 27 feet and a depth of 149 feet. The properties are currently vacant and have been secured by
the City of Buffalo Division of Real Estate.
In accordance with a Memorandum Of Understanding agreement between the City of Buffalo, the United States Attorney's Office and
United States Marshalls Service the City of Buffalo shall accept title to the property, by special warranty deed, and the City shall be
responsible for the management and disposition of the property in accordance with the terms and conditions of the Memorandum Of
Understanding.
The Office of Strategic Planning is recommending that Your Honorable Body approve the transfer of title from the United States Marshall
to the City of Buffalo Division of Real Estate. I am further recommending that the Common Council authorize that the property be
maintained and disposed of in accordance with the above mentioned Memorandum of Understanding.
Mr. Fontana moved:
That the above communication from the Office of Strategic Planning, dated December 30, 2009, be received and filed; and
That the Common Council approves the transfer of title of 425 Normal from the United States Marshall to the City of Buffalo Division of
Real Estate. That the property be maintained and disposed of in accordance with the attached Memorandum of
PASSED
AYES - 8 NOES — 0
NO.4
SEQR LEAD AGENCY DESIGNATION: BUFFALO PRESERVATION BOARD 918 -920 MAIN ST.
The Buffalo Preservation Board proposes to be designed the lead agency for the project at 918 -920 Main St. The project is the partial
demolition of existing structure within the 918 Main Street Building which would allow for the complete reconstruction of the interior
superstructure including the second, third and fourth floor column grid, main structural components, floor joists and decking. The project
also includes the restoration of all load- bearing masonry supporting the floor and roof structure and parapets. A new roof structural
system and insulated roof deck and single ply membrane roofing system will also be included in this phase.
Prior to the implementation of the above - referenced project, the requirements of the New York State Environmental Quality Review Act
(SEAR) must be satisfied. The project, as defined under SEAR, is a Type I Action for which the completion of a coordinated
environmental assessment is required. In accordance with Section 617.6 of the regulations, an agency responsible for determining the
effect of this action on the environment must be designated from the involved agencies.
The Buffalo Preservation Board proposes to act as the SEQR Lead Agency for this project. Consent by the City of Buffalo Common
Council is required. The project environmental assessment form is attached.
Mr. Fontana moved:
That the above communication from the Office of Strategic Planning, dated December 21, 2009, be received and filed; and
That pursuant to Article 8 of the New York Environmental Conservation Law and the implementing regulations, 6 NYCRR Part 617 (State
Environmental Quality Review Act ( SEQRA), the Common Council hereby consents to the City of Buffalo Preservation Board to act as
SEQRA Lead Agency for 918 -920 Main Street.
ADOPTED.
FROM THE COMPTROLLER
NO. 5
AUDIT REPORT - DIVISION OF
COMPENSATION & BENEFITS
DEPARTMENT OF HUMAN
RESOURCES RESPONSE
It is not the normal practice of the Department of Audit and Control to provide a rebuttal to a department's response to an audit report,
but in light of the misrepresentations and misunderstandings presented in the Department of Human Resources' response to the Medical,
Dental and Case Management Processing and Payments Audit, it is apparently necessary.
We would note that it is highly unusual, if not unprecedented, that a department has made such an effort to both deny any responsibility
for its shortfalls, and attempt to lay the blame almost entirely upon the auditing authority. It represents, at best, a failure to understand the
role of the auditing function in City government, and at worst, a blatant lack of comprehension of the functions of the department being
audited.
In the broadest sense, Human Resources' response (hereinafter, the "Response ") casts the failings of the Division of Compensation and
Benefits onto the Department of Audit and Control ( "A &C ") by virtue of the lack of a Senior Accountant to aid in the processing of
information for the Division. This effort is erroneous for a number of reasons that lie completely within the
responsibility of the Department of Human Resources.
First, proper Human Resources staffing is the responsibility of the Commissioner, not the Department of Audit and Control. The
Commissioner is laboring under the serious misconception that A &C has some role in assigning accounting personnel to her department.
Upon the death of the employee in that (or any) department, it is incumbent upon the Commissioner to seek a replacement. A &C does not
have any exclusive right to hold or employ accounting titles, and never prevented Human Resources from requesting a replacement
Senior Accountant. The failure to request an accountant in their annual budget request falls squarely upon the department head. It has
been incorrectly posited that the Senior Accountant was assigned to Human Resources from A &C, when in fact; she was a Human
Resources employee.
Second, the Commissioner cites an agreement that Audit & Control would assume the responsibilities of the deceased employee.
However, there is no such agreement. The Comptroller, the City Accountant and the City Auditor would never have agreed to assume the
processing responsibilities of a Human Resources employee. An agreement like that would undermine the very nature of the auditing
function, and is a gross misunderstanding of what audit does with respect to the process.
Third, the employee at issue died in 2004. The Response ties a number of problems to this vacancy, which means the department head
has done nothing to address it for FIVE years.
Even with the acknowledgement that the department changed hands during that period, it strains credulity that this essential function was
left unfilled all of this time, and according to the Commissioner, that somehow the fault lies at the feet of the Department of Audit &
Control. The staffing and skill sets required to operate the department and its divisions are the responsibility of the department head. That
person must recognize what is necessary to properly administer the day -to -day needs of the department's operation, and make the
appropriate requests at budget time to fill them. That clearly was never done.
We will now address the various points in which the Response attempts to sidestep or avoid culpability. Many of these issues circle back
to the false claim that Audit and Control failed to provide proper staff support.
I. General Overview
Human Resources' Response seemingly was developed with the notion that the Division of Compensation and Benefits made no
mistakes in the processing of medical and dental payments, and that any failings were due to the lack of Audit and Control assistance.
The Response disagrees with every finding, regardless of the type of corrective action that may be necessary or is currently underway.
The department fails to recognize the audit as a diagnostic tool to aid the department, and instead implicitly views it as an accusatory
instrument
The Response questions the job duties as provided in the City Charter. The recitation is meant only to inform the reader of the stated
duties of the Division of Compensation and Benefits.
II. Health Now (Blue Cross /Blue Shield) - Medical
1. We do not dispute that the City engages in self - billing. The problem is that self - billing, left in the hands of the Division of Compensation
and Benefits, is being done incorrectly, and all errors must be found by Audit personnel. It is Audit's job to check the calculations as
performed by the Division, not to perform the calculations for the Division. The Response seems to agree with the Comptroller's
suggested use of the City payroll system as a reconciliation tool, so there should not be any disagreement with our finding.
2. The failure to give timely notification of COBRA rights is a potential liability for the
City due to penalties which could be incurred by the City. Nor is it responsible to knowingly maintain inaccurate
records under the pretense that there is no financial cost to the City. Actuarial data is needed from these records
and the City cannot make proper projections without correct information maintained by this Division.
3. The source information for Compensation and Benefits' $526,309.57 double - payment
of employee bills, which resulted in an overpayment to Health Now was fully explained in the April 1, 2009 letter. Any additional
information necessary was always in the possession of the Division; it sprang from their own records.
We would note that the Law Department reviewed Human Resources' response to the audit.
4. The improper allocation of costs is another example where there is agreement that the Audit is correct, but the problem is purportedly
due to Audit and Control not assuming the responsibilities of the deceased accountant, not the department itself.
III. GHI Dental
There is acknowledgement that the corrective action suggested by the Comptroller will resolve any reconciliation problems. There should
be no disagreement with the audit.
IV. Rates Paid for Medical and Dental Insurance
It was never suggested that Brown and Brown be replaced. We questioned the payment arrangement, which has ethical and loyalty
considerations. The value of their services was not at issue, and frankly, the vigorous defense of Brown and Brown makes one wonder
even more about the nature of the relationship inasmuch as they are paid by the insurer.
V. Case Management - IOD
It is acknowledged that late payment was due to the actions of the vendor, yet the Division disagrees with the finding. The point is not that
there were no financial penalties, it is acknowledging responsibility for recognizing and correcting a problem.
The remaining comments largely flow from the lack of accounting staff within the department. There is clearly a disconnect relative to the
appropriate role a separate audit function has in the overall processing of departmental accounts payable. When errors are detected by
the Audit Division, it is incumbent upon the department responsible for the bill or invoice to correct the problem. The Audit Division cannot
and should not bear this responsibility for any City department. We exist to check their work, not to do it for them.
END NOTES
Normally, we would reserve comment on the findings of an audit until after the exit conference. However, due to the numerous problems
identified by the audit, we stepped in to assist in instituting reforms immediately over the past few weeks and months. In many ways, we
went above and beyond our role in order to make sure the City of Buffalo retained its relationship with Health Now without adverse
consequence. We have facilitated meetings with their vendors, paid bills prior to fully auditing them in order to prevent service disruptions
and advised them how to proceed going forward. They acknowledge the need for an accountant, yet when this department advises them,
said advice is disregarded until this audit.
We find it frustrating that the department head has done little to take ownership or control over this reform effort. It is her department that
interacts with these vendors, yet in the face of these payment problems, she allowed A &C to take the reins and seek resolution of any
problems.
There has also been a problematic tendency to avoid the minutia of the department's operations, despite our efforts to involve her in the
solution . 2
There has been constant communication between Audit & Control and Compensation & Benefits over the years. We have been operating
under the belief that the Department of Human Resources was properly equipped to handle the administration of its duties. As evidenced
by the Response, they are in serious need of guidance, which we will continue to provide. At some point, however, the Department needs
to take back full responsibility and allow A &C to assist in the essence of its core function - to act as a check and balance on other
departments.
If you have any further questions or issues, please feel free to contact the Department of Audit and Control.
REFERRED TO THE COMMITTEE ON FINANCE.
NO. 6
AUDIT REPORT - DIVISION OF
COMPENSATION AND BENEFITS - MEDICAL, DENTAL AND
CASE MANAGEMENT PROCESSING AND PAYMENTS
The Division of Compensation and Benefits is part of the Department of Human Resources. The Director of Compensation and Benefits
is appointed by the Commissioner of Human Resources and is a Deputy to the Commissioner. The Division is responsible under the City
Charter for the administration and coordination of all employee benefit and wellness programs, and for the establishment of salary surveys
and merit pay programs consistent with the City's performance appraisal system including, where possible, incentive pay programs
designed to provide competitive pay in order to attract highly qualified persons. (Article 11, Section 11 -12 of the City Charter).
The scope of our audit was an examination of the efficiency of the Division in the processing and payment of medical, dental and Injured -
on -Duty case management invoices for the period of July 1, 2006 through and including December 31, 2008. We expanded the time of
our original audit period to observe any changes the Division made in the processing functions, and timeliness of payments. Some
improvements were made, but with the further intervention by the Department of Audit and Control, much work still needs to done.
While examining the various payments we became aware of a larger problem. As explained in the audit, there were major problems with
the accuracy of the payments made to both the medical and dental insurers. The payments made for case management were accurate,
but consistently late. There would seem to be a fundamental lack of proficiency within the operation of the department. Better use of
technology and available resources would improve performance considerably.
The department's response to the audit was perplexing in that it lacks any sense of responsibility for the current state of the department.
We will address the response in a separate filing.
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
NO. 7
BOND CLOSEOUT
The City of Buffalo issues bonds to provide funds to finance the costs of various capital projects, which are described in the bond
resolutions submitted to the Common Council. When we raise capital funds by selling bonds, it is reasonable to anticipate that all of the
projects will proceed timely and binding commitments for the completion of the projects will be entered into in a timely manner. Proceeds
of bonds not expended for the object or purpose for which the bonds were sold must be applied to the payment of principal and interest
on such bonds (local Finance Law- Section 165.00)
A list of capital accounts has been established for closeout. Preparation of the list was accomplished through the shared involvement and
cooperation of respective Department Heads and associated staff.
The following accounts listed on the attachment have been designated by one or more of the following:
1) a balance too small to proceed with project
2) no further commitments
3) will not be used per Resolution definition of project
4) Had no activity for a number of years, or
5) Have never been used
Munis Code# Account Name Unencumbered
Balance Total
Various Various
See attached listing see attached listing $1,424,263.98
REFERRED TO THE COMMITTEE ON FINANCE
NO. 8
OPALINSKI/PARETE SETTLEMENT
ITEM NO. 21, C.C.P., 5/12/09
In light of recent published reports regarding the discontinuance of fringe benefits for injured on duly (IOD) police officers, we are making
this report as it relates to the settlement agreement between the City of Buffalo and Police Officer Patty Parete and Mary Ellen Opalinski.
As a separate individual contract, this has no bearing in the outstanding litigation between the City and the Police Benevolent Association
regarding non - contractual fringe benefits.
In Item No. 21 of the Common Council Proceedings of May, 12, 2009, the Council approved a settlement agreement with Police Officer
Patty Parete and Mary Ellen Opalinski to provide ongoing medical care for Officer Parete through the actions of Ms. Opalinski for the
duration of the period which Ms. Opalinski provided such care. The settlement provided $60,000 to compromise past claims ($50,000 for
wages and $10,000 in lost medical benefits Ms. Opalinski paid under COBRA) and $55,000 in wages as Ms. Parete's health care
provider for fiscal year 2008 -2009 and $4,000 for an Individual Retirement Account (IRA) for Ms. Opalinski. That total of$119,000 was
paid by check to Ms. Opalinski in June 2009.
Payments going forward for fiscal year 2009 -2010 were to be paid by the city upon presentment of acceptable monthly
certification /reports of hours to the City, which would be presented for payment by the Division of Compensation and Benefits to the
Department of Audit and Control. Invoices for other medical services should also be presented in a like manner. To date, we have not
received any such documents.
Upon information and belief, monthly wage reports for Ms. Opalinski have not been presented since June 2009 to the Division of
Compensation and Benefits and other medical services invoices have not been presented since November 2009. The Department of
Audit and Control has not received any documentation since the initial settlement was paid in June 2009 that would allow for any further
payments.
It is our current understanding that arrangements are being made to pay Ms. Opalinski on a monthly basis upon modified reports deemed
acceptable to the Division of Compensation and Benefits.
If you have any further questions on this matter, please feel free to contact the Department of Audit and Control.
REFERRED TO COMMITTEE ON FINANCE
FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS
NO. 9
CHANGE IN CONTRACT
MAIN STREET - 700 BLOCK RD. RECONSTRUCTION PROJECT
CONTRACT #93000163
PIN #5758.80
ELLICOTT DISTRICT
Contract Summary:
Contract Amount $ 292,598.00
+Amount of change order( #1) $ 33.643.33
Revised Contract Amount
City share of Change Order ( #1) - 5% or $1,682.17
1 hereby submit to your Honorable Body the following change for this contract. DiDonato Associates is the Engineering Consutlant for the
Main Street - 700 Block Road Reconstruction Project for the City of Buffalo.
This contract provided for the construction inspection of the project. This increase is necessary to fund additional inspection services to
ensure the viability of the newly landscaped streetscape this spring and to finalize the project. This is a federally funded project and the
funding breakdown is 80% Federal, 15% State and 5% City.
I certify that this increase is fair and equitable for the work involved. I respectfully request that your Honorable Body approve the subject
change order and authorize the Commissioner of Public Works, Parks and Streets to issue said increase for $33,643.33. Of this amount,
5% or $1,682.17 is the City share of the change. The Federal and State portions (95 %) have already received approval. The funds are
available in Capital Project Account #31760006 - 445600.
Mr. Fontana moved:
That the above communication from the Commissioner of Public Works, Parks and Streets dated December 30, 2009, 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 DiDonato
Associates, an increase in the amount of $33,643.33, of this amount, 5% or $1,682.17 is the City's share of the change, and as more fully
described in the above communication, for work relating to Main Street - 700 Block Road Reconstruction Project, Contract #93000163,
PIN #5758.80. Funds for this project are available in Capital Project Account #31760006 445600.
PASSED
AYES -8 NOES -0
NO. 10
GPS VENDOR
This is to notify Your Honorable Body that the Department of Public Works and Streets has entered into a contract with Interfleet for GPS
manufacturing and installation of GPS hardware and software.
Interfleet was selected as the City of Buffalo GPS vendor through the official RFP process.
Mr. Fontana moved
That the December 30, 2009 Communication from the Department of Public Works, Parks and Streets be authorized to enter into a
contract for GPS Services with Interfleet for GPS manufacturing and installation of GPS hardware and software.
PASSED
AYES -8 NOES -0
NO. 11
PERMISSION TO INCREASE CONTRACT
HAMILTON, HOUSTON & LOWNIE ARCHITECTS
STRUCTURAL EVALUATION COLONEL WARD COMPLEX
CONTRACT # 92011224
ELLICOTT DISTRICT
I hereby submit to your Honorable Body the following change for this
contract. Hamilton, Houston & Lownie Architects has been hired for the Architectural and Structural Evaluation of the all the buildings at
Colonel Ward water treatment Complex.
In the process of performing the survey work, it was discover that there
could be a significant amount of hazardous materials on the roofs throughout the complex. This increase is necessary for additional
services by consultant for inspection, sampling and testing for asbestos, lead paint and PCB'S at Colonel Ward complex. This change
order will facilitate the consultant's ability to make recommendation for 5 year capital plan implementation schedule and associated costs
in the their study report.
I certify that this increase 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 and Streets to issue said increase for $13,645.The funds are available in a Division of Water account 53210726- 445100.
Original Contract Amount $ 48,300.00
Previous Change Order $ 32,500.00
This Chanae Order $ 13.645.00
Total $ 94,445.00
Mr. Fontana moved:
That the above communication from the Commissioner of Public Works, Parks and Streets dated December 30, 2009, 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 Hamilton,
Houston & Lownie Architects, an increase in the amount of $13,645.00, as more fully described in the above communication, for work
relating to Structural Evaluation Colonel Ward Complex, C #92011224. Funds for this project are available in the Division of Water
53210726- 445100.
PASSED
AYES -8 NOES -0
NO. 12
PETITION NEW YORK STATE DEPARTMENT OF TRANSPORTATION
HEARING FOR PERMANENT AT -GRADE CROSSING
FUHRMANN BOULEVARD PROJECT- PIN 5094.01
SOUTH DISTRICT
Permission is requested from Your Honorable Body to authorize Commissioner of the Department of Public Works, Parks and Streets to
formally petition the New York State Department of Transportation for a hearing to allow a permanent at -grade crossing of the pedestrian
trail over CSX rails. The proposed trail construction will be by NYSDOT as part of Furhmann Blvd reconstruction project and is located on
the City's right -of -way, on the west and parallel to the Fuhrmann Blvd.
In connection with construction of the Route 5, NYSDOT used Ftthrmann Blvd for detour and removed existing CSX rail tracks for ease
of maintenance and protection of the traffic. Existing CSX tracks previously ran under Route 5 and crossed Fuhrmann Blvd, just north of
Ohio Street and were extended to the west beyond City's ROW to the NFTA port building. Now NYSDOT is planning to reinstall the
tracks and the proposed pedestrian trial which will cross the tracks and require regulatory hearing as per section 91 of the Railroad Law.
Mr. Fontana moved:
That the above communication from the Commissioner of Public Works, Parks and Streets dated December 24, 2009, be received and
filed; and
That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to formally petition the New York State
Department of Transportation for a hearing to allow a permanent at -grade crossing of the pedestrian trail over CSX rails as part of the
Fuhrmann Boulevard project - PIN 5094.01.
PASSED
AYES -8 NOES -0
NO. 13
REDUCTION IN RETENTION
BABCOCK STREET BRIDGE REPLACEMENT PROJECT
DONALD J. BRAASCH CONSTRUCTION, INC.
CONTRACT # 93000258
LOVEJOY DISTRICT
This is to request from your Honorable Body for authorization of a reduction in the retention for the Babcock Street Bridge Replacement
Project.
This project is about 85% complete with exception of concrete bridge decking and finish asphalt top course. The project originally
anticipated to be completed by December of 2009, however due to City awarding the contract late; the contractor was unable to finish the
project this year and forced to go into next year.
Therefore, I am requesting your honorable Body's authorization Commissioner of the Public Works, Parks and Street to reduce the
retention on this contract from 5% to 2 %. It is the opinion of this Department that the retention proposed is sufficient to guarantee
completion of this contract.
Mr. Fontana moved:
That the above communication from the Commissioner of Public Works, Parks and Streets dated December 30, 2009, be received and
filed; and
That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to reduce the retention from 5% to
2% to Donald J. Braasch Construction, Inc. for the Babcock Street Bridge Replacement Project, Contract #93000258.
PASSED
AYES -8 NOES -0
NO. 14
ALLEN STREET - WADSWORTH TO ELMWOOD
CITY CLERK NOTICE DATED 12/7/09 - BOX #153
In response to the City Clerk notice filed by Mr. Goldman dated December 7 th 2009 regarding the above subject, the Department of
Public Works, Construction Section has performed an on -site inspection dated December 21 - , 2009 which revealed the following:
Citv's Replacement Responsibility
Curb Replacement (@ Raddii) - 159 lin.ft. @ $60 /lin.ft. - $9,540
• Concrete Sidewalk Replacement (@ radii) - 2,387 sq.ft. @ $8 /sq.ft. $14,322
• Brick Paver Replacement (various locations) - 540 sq.ft. @ $25 /sq.ft. - $13,500
• Topsoil @ Tree Pits (various locations) - 73 sq.ft. @ $3 /sq.ft. _
Total City's Responsibility $37,581
Owner's Replacement Responsibility:
Concrete Sidewalk Replacement - 5,508 sq.ft. @ $6 /sq.ft. _ $33,048
• Brick Paver Replacement - 10 sq.ft. @ $25 /sq.ft. - $250
• Water Service Box $100
Total Owner's Responsibility $33,398
Curb, concrete sidewalk and brick pavers are in a weathered condition due to age, climate and usage. We agree with Mr. Goldman that
infrastructure improvements are needed on Allen Street and by copy of this letter to our Design Section we are recommending that Allen
Street be considered for future Capital Improvements.
However, we do not agree that the infrastructure is in a hazardous condition and in need of immediate replacement.
If you have any further questions regarding the above, please contact me at ext. 5804.
RECEIVED AND FILED
NO. 15
PERMISSION TO ACCEPT VEHICLES
The Department of Public Works is requesting permission to take into its fleet one (1)Chrysler SUB (VIN #3C4FY78G43T513899)
transferred from Parking Violations Bureau. This vehicle will be assigned to Public Works, Parks & Streets and will not be used as a take
home vehicle. Your favorable approval is appreciated.
REFERRED TO THE COMMITTEE ON FINANCE
NO. 16
PERMISSION TO ACCEPT VEHICLES
The Department of Public Works is requesting permission to take into its fleet one (i) 2002 Ford bus donated by Police Athletic League
and two (2) vehicles from Parking Enforocement Impound a 2005 Jeep Suburban and 2002 Dodge Dakota Pick -up. These vehicles will
be assigned to Public Works, Parks & Streets and will not be used as take home vehicles. Your favorable approval is appreciated.
REFERRED TO THE COMMITTEE ON FINANCE.
NO 17
APPTS PARK SUPERVISOR I (PERM)(MAX)(DEJAMES, DURFEE,PENTA)
CERTIFICATE OF APPOINTMENT
Appointment Effective December 31, 2009 in the Department of Public Works, Parks & Streets to the Position of Park Supervisor I
Permanent Appointment Maximum Starting Salary of $43,268
Michael DeJames, 174 Cantwell Drive, Buffalo 14220
William F. Durfee, 258 Abbott Road, Buffalo 14220
Kevin Della Penta, 337 Siegfried Drive, Williamsville 14221
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NO 18
APPT SUPERVISOR OF RINKS & POOLS (PERM)(MAX)(3WOJCIK)
CERTIFICATE OF APPOINTMENT
Appointment Effective December 31, 2009 in the Department of Public Works, Parks & Streets to the Position of Park Supervisor of
Rinks & Pools Permanent Appointment Maximum Starting Salary of $40,880
James J. Wojcik, 152 East Street, Buffalo 14207
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NO 19
APPT HEAD GROWER (PERM)(MAX)(KRAJNIK)
CERTIFICATE OF APPOINTMENT
Appointment Effective December 31, 2009 in the Department of Public Works, Parks & Streets to the Position of Head Grower
Permanent Appointment Maximum Starting Salary of $40,880
James J. Krajnik, 69 Sterling Avenue, Buffalo 14216
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NO 20
APPTS RECREATION INSTRUCTOR (PERM)(MAX)(MILOVICH, FRACOS, DEMPSEY, DANIELS,
DUNBAR, HARRINGTON, LIEBNER, TOMPOROWSKI)
CERTIFICATE OF APPOINTMENT
Appointment Effective December 31, 2009 in the Department of Public Works, Parks & Streets to the Position of Recreation Instructor
Permanent Appointment Maximum Starting Salary of $37,165
Michael P. Milovich, 102 Farmer Street, Buffalo 14207
John Fracos, 314 St. Lawrence Avenue, Buffalo 14216
James E. Dempsey, 7 Marine Drive, Apt #12E, Buffalo 14202
Michael E. Daniels, 209 Johnson Street, Buffalo 14211
Patrick N. Dunbar, 44 Euclid Place, Buffalo 14210
James W. Harrington, 40 Arlington Place, Depew 14043
Jeffrey A. Liebner, 207 Whitefield Avenue, Buffalo 14220
Gary Tomporowski, 29 Treehaven Rd, West Seneca 14224
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NO 21
APPTS RECREATION INSTRUCTOR (PERM)(INTER)(STEINWANDE, CAMPOBELLO, BROZYNA, BROWNING)
CERTIFICATE OF APPOINTMENT
Appointment Effective December 31, 2009 in the Department of Public Works, Parks & Streets to the Position of Recreation Instructor
Permanent Appointment Intermediate Starting Salary of $35,993
Justin Steinwandel, 188 Whitney Place, Cheektowaga 14225
Salvatore Campobello, 66 Devonshire Road, Tonawanda 14223
CERTIFICATE OF APPOINTMENT
Appointment Effective December 31, 2009 in the Department of Public Works, Parks & Streets to the Position of Recreation Instructor
Permanent Appointment Intermediate Starting Salary of $35,012
Jacob Brozyna, 231 Prospect Street, Hamburg 14075
Ericka Browning, 152 Ivanhoe Road, Buffalo 14201
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NO 22
APPTS PARK UTILITY WORKER (PERM)(MAX)(FRANY, SWARINGER, MARTINEZ, STOKLEY, DZIEDZIC,
STEVENS JR., BUNDY, SYRACUSE, PROPIS, DICIOCCIO, SCHWERTFEGER)
CERTIFICATE OF APPOINTMENT
Appointment Effective December 31, 2009 in the Department of Public Works, Parks & Streets to the Position of Park Utility Worker
Permanent Appointment Intermediate Starting Salary of $37,077
Patrick J. Fray, 118 Sunbriar Drive, West Seneca 14224
Phillip Swaringer, 83 Alpine Place, Cheektowaga 14225
Fernando Martinez, 785 Perry St, Buffalo 14210
Paul H. Stokely, 311 Lakefront Boulevard, Buffalo 14202
Jeffrey D. Dzidezic, 35 Barnard St, Buffalo 14206
Kenneth R. Stevens, Jr., 303 Saranac Avenue, Buffalo 14216
David Bundy, 38 Deumant Terrance, Tonawanda 14223
Jack Syracuse, 86 Echowood Court, E. Amherst, 14051
John J. Propis, 6 Beatrix Circle, Lancaster 14086
Nunzio DiCioccio, 152 Schiller Street, Buffalo 14206
Ronald Schwertfeger, 1314 Lovejoy Street, Buffalo 14206
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NO 23
APPT PARK UTILITY WORKER (PERM)(INTER)(LEONARD)
CERTIFICATE OF APPOINTMENT
Appointment Effective December 31, 2009 in the Department of Public Works, Parks & Streets to the Position of Park Utility Worker
Permanent Appointment Intermediate Starting Salary of $34,134
Brian Leonard, 34 Ward Court, Buffalo 14220
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NO 24
APPT PARK UTILITY WORKER (PORV)(INTER)(SNYDER)
CERTIFICATE OF APPOINTMENT
Appointment Effective December 31, 2009 in the Department of Public Works, Parks & Streets to the Position of Park Utility Worker
Provisional Appointment Intermediate Starting Salary of $34,134
Paul Snyder, 501 Washington St, Apt #803, Buffalo 14203
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NO 25
APPTS COMMUNITY RECREATION AIDE(PERM)(MAX)(ROGERS, MIDDLEBROOKS, MARACLE)
CERTIFICATE OF APPOINTMENT
Appointment Effective December 31, 2009 in the Department of Public Works, Parks & Streets to the Position of Community Recreation
Aide Permanent Appointment Maximum Starting Salary of $36,680
Stephen Rogers, 11 Ashland Avenue, Apt #101, Buffalo 14222
Larry Middlebrooks, 24 Suffolk Street, Buffalo 14215
Marcia Maracle, 283 Crestwood Avenue, Buffalo 14216
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NO 26
APPTS COMMUNITY RECREATION AIDE (PERM)(INTER)(DOLLIII, SNYDER)
CERTIFICATE OF APPOINTMENT
Appointment Effective December 31, 2009 in the Department of Public Works, Parks & Streets to the Position of Community Recreation
Aide Permanent Appointment Intermediate Starting Salary of $34,207
William Doll III, 152 Whitfield Avenue, Buffalo 14220
Jennifer Snyder, 175 Stratford Road, Buffalo 14216
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NO 27
APPTS LABORER II (PERM NC)(MAX)(SUMBRUM, BERRY)
CERTIFICATE OF APPOINTMENT
Appointment Effective December 31, 2009 in the Department of Public Works, Parks & Streets to the Position of Laborer II Permanent
NC Appointment Maximum Starting Salary of $32,780
Colleen Sumbrum, 91 Sharon Drive, West Seneca 14224
Herbert S. Berry, 205 Tampa Drive, West Seneca 14224
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NO 28
APPT MOTOR EQUIPMENT MECHANIC (PERM)(MAX)(NORRIS)
CERTIFICATE OF APPOINTMENT
Appointment Effective December 31, 2009 in the Department of Public Works, Parks & Streets to the Position of Motor Equipment
Mechanic Permanent Appointment Maximum Starting Salary of $37,960
David Norris, 52 Euclid Place, Buffalo 14210
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NO 29
APPT STENOGRAPHER (PERM)(MAX)(MUSTAFA)
CERTIFICATE OF APPOINTMENT
Appointment Effective December 31, 2009 in the Department of Public Works, Parks & Streets to the Position of Stenographer
Permanent Appointment Maximum Starting Salary of $33,257
Arlene Mustafa, 387 Olympic Avenue, Buffalo 14220
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NO 30
APPT LABORER II (PERM)(INTER)(FINNEGAN)
CERTIFICATE OF APPOINTMENT
Appointment Effective December 28, 2009 in the Department of Public Works, Parks & Streets to the Position of Laborer II Permanent
Non - Competitive Intermediate Starting Salary of $30,829
William Finnegan, 188 Columbus Avenue, Buffalo 14220
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NO 31
APPTS EQUIPMENT OPERATOR (PERM)(FOURTH STEP)(MONTELONE, PINELLI)
CERTIFICATE OF APPOINTMENT
Appointment Effective December 28, 2009 in the Department of Public Works, Parks & Streets to the Position of Equipment Operator
Permanent Promotion Fourth Step Starting Salary of $36,095
Cruciano Monteleone, 3619 Moyer Rd, Wheatfield 14120
Michael Pinelli, 3027 Parker Blvd, Tonawanda 14150
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NO 32
APPT HEAVY EQUIPMENT OPERATOR (PERM)(FOURTH STEP)(MAZUR)
CERTIFICATE OF APPOINTMENT
Appointment Effective December 28, 2009 in the Department of Public Works, Parks & Streets to the Position of Heavy Equipment
Operator Permanent Promotion Fourth Step Starting Salary of $37,652
Joseph Mazur, 1225 Wisconsin Rd, Derby 14047
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
FROM THE CORPORATION COUNSEL
NO 33
MARINER REDEVELOPMENT - REFUND OF EXCESS REAL PROPERTY TAXES (2006-06,2006-07,2008-09)
That on December 2, 1969 the Common Council adopted resolution Item No. 85 approving the request of Maryner Redevelopment
Company, Inc. for the tax exemption and authorizing the execution of an agreement. On or about April 2, 1970, the City of Buffalo and
Maryner Redevelopment executed an Agreement limiting Maryner Redevelopment's real property tax liability as to certain parcels of real
property in the City of Buffalo in accordance with Section 236 of the National Housing Act of 1968 and Article V of the Private Housing
Finance Law of the State of New York.
Specifically, the Agreement imposes a real property tax ceiling in the amount of Seventy- Four Thousand Dollars ($74,000.00)
on City and County Taxes for the real property located at 186 Efner Street and bearing S.B.L. No. 110.12 -1 -29. The Agreement further
provides that said real property shall be exempt from any further similar tax for a period of forty (40) years, beginning December 30, 1969.
If in any one fiscal year the combined City and County real property tax liability exceeds Seventy -Four Thousand Dollars ($74,000.00),
Maryner Redevelopment is entitled to a refund of the excess taxes paid above and beyond said ceiling amount. As you will see from the
attached documentation, the refund has been apportioned between the City of Buffalo and the County of Erie according to the tax rates
prevailing at the time and the proportionate share of total property taxes paid to the City and County.
2005 -2006 City Tax $ 69,203.24
2006 County Tax $ 9,489.80
Total tax paid $ 78,693.04
Less combined ceiling $ 74,000.00
Overpayment $ 4,693.04
City's share (87.94% x 4,693.04) _ $ 4127.09
2006 -2007 City Tax $ 68,032.04
2007 County Tax $ 9,621.13
Total Tax Paid $ 77,653.17
Less Combined Ceiling $ 74,000.00
Overpayment $ 3,653.17
City's Share (87.60% x 3,653.17) _ $ 3200.55
2008 -2009 City Tax $ 70,442.88
2009 County Tax $ 11,276.81
Total Tax Paid $ 81,719.69
Less Combined Ceiling $ 74,000.00
Overpayment $ 7,719.69
City's Share (86.20% x 7,719.69) _ $ 6.654.42
Total Refund for 2005 -2006: 2006 -2007: 2008 -2009 Tax Years: $19.344.77
I therefore request that the Comptroller be authorized to refund to CRM Rental Management, Inc., as manager of Maryner Towers
Apartments, a total of $19,344.77 for excess property taxes paid on 186 Efner Street for the 2005-2006, 2006 -2007, and 2008 -2009 Cit)
fiscal tax vears.
Mr. Fontana moved:
That the communication from the Corporation Counsel dated December 28, 2009, be received and filed; and
That the Comptroller be, and he hereby is authorized to refund to CRM Rental Management, Inc., as manager of Maryner Towers
Apartments, a total of $19,344.77 for excess property taxes paid on 186 Efner Street for the 2005 -2006, 2006 -2007 and 2008 -2009 City
fiscal tax years.
PASSED
AYES -8 NOES -0
FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT & INSPECTION SERVICES
NO 34
FOOD STORE (NEW) 2565 BAILEY (LOVEJOY)
Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food
Store License located at 2565 Bailey (Family Dollar Store) and find that as to form is correct. I have caused an investigation into the
premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office,
Fire Department, Building Inspections, Police Department and Collection Office I find it complies with all regulations and other applicable
laws. This request is submitted for your approval or whatever action you deem appropriate.
Mr. Fontana moved:
That the attached Communication fro the Department of Economic Development, Permit and Inspection Services dated December 30,
2009 be received and filed and that the Deputy Commissioner or his designee be authorized to issue a Food Store License to Kina
Harvey for a Family Dollar Store at 2565 Bailey Avenue.
PASSED
AYES — 8 NOES - 0
NO 35
FOOD STORE LICENSE (NEW) 535 BROADWAY (ELL)
Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food
Store License located at 535 Broadway (Taste of the Town Takeout & Deli) and find that as to form is correct. I have caused an
investigation into the premises for which said application for a food store license is being sought and according to the attached reports
from the Zoning Office, Fire Department, Building Inspections, Police Department and Collection Office I find it complies with all
regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate.
REFERRED TO THE COMMITTEE ON LEGISLATION.
NO 36
FOOD STORE (NEW) 1531 EAST DELAVAN (LOVEJOY)
Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food
Store License located at 1531 East Delavan (City Center Grocery) and find that as to form is correct. I have caused an investigation into
the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning
Office, Fire Department, Building Inspections, Police Department and Collection Office I find it complies with all regulations and other
applicable laws. This request is submitted for your approval or whatever action you deem appropriate.
Mr. Fontana moved:
That the above item dated December 30, 2009 from the Department of Economic Development, Permit and Inspections Services be
received and filed and that the Deputy Commissioner be authorized to issue a food store license to Deab Naser (City Center Grocery)
upon the following conditions:
(1) All signage, including the Lotto Sign be removed from the Erb Street Side.
(2) Re -paint the white portion of the building
(3) Remove the ice machine from the exterior
PASSED w /Cond
AYES -9 NOES -0
NO 37
FOOD STORE (NEW) 1799 GENESEE (FILLMORE)
Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 1799 Genesee
(Speedy Market) and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and accoi
to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collection Office I find it complies with all regulations and other
applicable laws. This request is submitted for your approval or whatever action you deem appropriate.
REFERRED TO THE COMMITTEE ON LEGISLATION.
FROM THE COMMISSIONER OF ADMINISTRATION, FINANCE, POLICY & URBAN AFFAIRS
NO 38
LEASE OF COPIERS - TOSHIBA
THE DIVISION OF PURCHASE IS REQUESTING PERMISSION TO ENTER INTO A LEASE AGREEMENT WITH TOSHIBA
BUSINESS SOLUTIONS FOR THE LEASE OF COPIERS CITY WIDE. THE ANTICIPATED DOLLAR AMOUNT FOR THE RENTAL
OF THE EQUIPMENT IS $119,447 PLUS CLICK (COPY) CHARGES. THE LEASE WILL BE FOR A PERIOD OF SIXTY (60)
MONTHS. BIDS WERE SOLICITED TO SIXTEEN (16) VENDORS OF WHICH NINE (9) RESPONDED. TOBSHIBA BUSINESS
SOLUTION'S WAS THE LOWEST RESPONSIBLE BIDDER.
Mr. Fontana moved:
That the above communication from the Commissioner of Administration, Finance, Policy, and Urban Affairs dated December 11, 2009,
be received and filed; and
That the Director of Purchase be, and she hereby is authorized to enter into a lease agreement with Toshiba Business Solutions, the
lowest responsible bidder, for the lease of copiers city wide for the rental of the equipment is $119,447 plus click (copy charges) for a
period of sixty (60) months.
PASSED
AYES -8 NOES -0
FROM THE CITY CLERK
NO 39
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
622 Main St Peg Leg Tralf Inc Lauren Neri
88 W Chippewa Crocbar Justin Anderson
3160 Main St Northside Moynihan Properties Inc
RECEIVED AND FILED
NO 40
NOTICES OF APPOINTMENTS - SEASONAL /FLAT
I transmit herewith certificates received by me, reporting seasonal and flat salary appointments made in various departments.
RECEIVED AND FILED.
CERTIFICATE OF APPOINTMENT
Appointment Effective December 21, 2009 in the Department of Public Works Division of Buildings to the Position of Laborer 11 Seasonal
Appointment Flat Starting Salary of $11.57
Patrick J. Bevelock, 73 Vanderbilt St, Buffalo 14206
CERTIFICATE OF APPOINTMENT
Appointment Effective December 28, 2009 in the Department of Public Works Division of Buildings to the Position of Laborer 11 Seasonal
Appointment Flat Starting Salary of $11.57
Dino Aramini, 356 North Odgen St, Buffalo 14206
N4:AIIa197 �I�61;0:2061ONChi40119
Appointment Effective December 29, 2009 in the Department of Public Works Division of Buildings to the Position of Laborer II Seasonal
Appointment Flat Starting Salary of $11.57
Antonio McKinney, 66 West Balcom St, Buffalo 14209
CERTIFICATE OF APPOINTMENT
Appointment Effective December 31, 2009 in the Department of Public Works Division of Buildings to the Position of Laborer II Seasonal
Non - Competitive Flat Starting Salary of $11.57
James. J. Wojcik, Jr. 33 Hamilton St, Buffalo 14207
Vincent J. McCarthy, 858 Amherst Street, Apt 10, Buffalo 14216
Mary Amorosi, 278 Colvin Avenue, Buffalo 14216
CERTIFICATE OF APPOINTMENT
Appointment Effective December 31, 2009 in the Department of Public Works Division of Buildings to the Position of Supervising
Lifeguard Seasonal Non - Competitive Flat Starting Salary of $12.00
Kelly Gallivan, 196 Villa Avenue, Buffalo 14216
David Moran, 171 Cantwell Drive, Buffalo 14220
Rainbow M. Block, 406 Fulton Street, Buffalo 14210
CERTIFICATE OF APPOINTMENT
Appointment Effective December 31, 2009 in the Department of Public Works Division of Buildings to the Position of Lifeguard Seasonal
Non - Competitive Flat Starting Salary of $11.57
Michael Milovich, 102 Former Street, Buffalo 14207
Justin Hart, 77 Stone Street, Buffalo 14212
Patrick M. McCabe, 207 Orlando Street, Buffalo 14210
Jennifer Bielski, 28 Pritchard Street, Buffalo 14210
Mavourneen Kuebler, 128 Tuscarora Road, Buffalo 14220
Melissa Piechowicz, 467 Marilla Street, Buffalo 14220
Samantha E. Murphy, 147 O'Connell Avenue, Buffalo 14204
Katelin Reed, 66 Kamper Street, Buffalo 14210
Kathleen Wachowicz, 303 S. Ogden Street, Buffalo 14206
NO 41
APPOINTMENTS - TEMPORARY, PROVISIONAL OR PERMANENT
I transmit herewith Appointments in the various departments made at the Minimum (Temporary, Provisional or Permanent) (as per
contract requirements).
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
CERTIFICATE OF APPOINTMENT
Appointment Effective December 16, 2009 in the Department of Audit and Control Division of Accounting to the Position of Junior
Accountant Temporary Appointment Minimum Starting Salary of $33,562
Maureen Eck, 42 Longnecker St, Buffalo 14206
Teresa L. Belton, 583 Spring Street, Buffalo 14204
CERTIFICATE OF APPOINTMENT
Appointment Effective December 28, 2009 in the Department of Public Works Division of Streets to the Position of Truck Driver
Permanent Appointment First Step Starting Salary of $21,527
Jerome Pinkston, 56 Zelmer Avenue, Buffalo 14211
CERTIFICATE OF APPOINTMENT
Appointment Effective December 28, 2009 in the Department of Public Works Division of Engineering to the Position of Laborer II
Permanent Non - Competitive Minimum Starting Salary of $21,527
Jason C. Sobocinski, 68 Schiller St, Buffalo 14206
CERTIFICATE OF APPOINTMENT
Appointment Effective December 28, 2009 in the Department of Public Works Division of Engineering to the Position of Laborer II
Temporary Appointment Minimum Starting Salary of $29,126
James Legrand, 48 Glenwood Avenue, Buffalo 14208
CERTIFICATE OF APPOINTMENT
Appointment Effective December 31, 2009 in the Department of Public Works Parks & Streets Division of Parks to the Position of
Community Recreation Aide Permanent Appointment Minimum Starting Salary of $33,400
Thomas McFarlane, 38 Eaglewood Avenue, Buffalo 14220
CERTIFICATE OF APPOINTMENT
Appointment Effective December 31, 2009 in the Department of Public Works Parks & Streets Division of Parks to the Position of Park
Utility Worker Provisional Appointment Minimum Starting Salary of $27,807
Matthew Serafini, 32 Rolling Woods Lane, West Seneca 14224
Larry Richmond, 53 Wilbury Place, Buffalo 14216
James Blake, 62 Whitefield Avenue, Buffalo 14220
Eric Adams, 48 Wheelock Street, Buffalo 14206
NON - OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES
NON - OFFICIAL COMMUNICATIONS
NO 42
B. BALL - CONCERNS BIAS IN AN ELLICOTT DISTRICT APPOINTMENT CANDIDATE
To whom it may concern:
Attached is a letter for the members of the Common Council concerning the appointment process for the recently vacated Ellicott District
Council office. The letter concerns biased remarks made by an applicant for the appointment, which are of great concern to me as an
Ellicott District and City of Buffalo resident. I would greatly appreciate that this letter be shared with the members of the Common Council
for consideration in the appointment process.
Sincerely,
Bryan Ball
December 15, 2009
Dear Common Council Member:
As a City of Buffalo resident within the Ellicott Common Council District, the upcoming appointment process for an interim councilperson
in the wake of the recently vacated Ellicott District seat is of the upmost importance to me. Ellicott, as it now stands, is an incredibly
diverse district, and should have that diversity represented, celebrated and respected in the office of the Common Council. Therefore, I
am concerned with a certain candidate who has submitted a resume for consideration of appointment to the council. What concerns me
most are remarks made by Darius Pridgen which are offensive to the lesbian, gay, bisexual and transgender (LGBT) community, which
has a considerable presence in the Ellicott District. Attached are remarks from candidate Pridgen, as quoted in a magazine article from
2003, in which Pridgen condemns homosexual persons. The remarks of the most concern, made during a discussion of the disease
HIV /AIDS, are as follows:
"But despite the fact that Pridgen is taking on the AIDS issue directly, he separates support for AIDS patients and the need for prevention
from accepting what he cannot condone. He condemns homosexuality and non - marital sex in unambiguous terms. 'You have to call sin
sin, but HIV /AIDS is not the sin, it's the disease,' he says. 'Until you separate the sin from the disease, people are not going to get
tested. "'
With all due respect, these beliefs, that homosexual persons are living an immoral life, may be in line with the teachings and
preaching of some organized religions, such as the organization for which Darius Pridgen is a pastor. The right for Reverend Pridgen to
hold and express these -or any other -- beliefs should never be infringed upon or not respected in this country. In America, we have
freedom of religious expression, freedom of speech and a just separation of the church and the state. However, it is nevertheless a
problematic situation when a person holds these beliefs, which would infringe and east judgment upon the lives of other citizens, and
enters the world of government and public office. The office of a District Councilmember should represent, respect and celebrate the
views and lives of all persons and communities within a district; whether that be a family who believes in the preaching of Reverend
Pridgen's church or a gay family making a life within the district. These remarks are ones which any citizen of this country would be
entitled to making and holding, regardless of who they may or may not offend or unjustly condemn. But were these remarks to be those of
a public servant, the offense would be entirely unjustified as these words, coming from an appointed or elected representative of a
governed body, would cast judgment and condemn, from a religious standpoint, members of the community which the representative
serves. No citizen of the City of Buffalo, or anywhere else, deserves that disrespect from her or his democratically representative
government leadership.
In conclusion, I greatly appreciate the Common Council's consideration of my concern. As a gay man living in the Ellicott
District, it would be especially troubling to me were my representative on the council to be one who espouses the idea that who I am as a
person is wrong and should be condemned. These concerns of religion subjectively influencing government and public policy are
especially troubling given the recent political climate, which continues to segregate certain civil rights and protections based on sexual
orientation. I thank you for your consideration and your time.
Sincerely,
Bryan Ball
RECEIVED AND FILED
NO 43
T. DEE -ERIE CANAL HARBOR DEV COPR -CANAL SIDE GENERAL PROJECT PLAN
Dear Mr. Gerald Chwalinski;
On behalf of the Erie Canal Harbor Development Corporation, attached is the Canal Side General Project Plan for your reference and
official filing purposes. Please feel free to contact Kaitlin McGee (716- 846 -8238) with questions.
Sincerely,
Thomas P. Dee
President
Copy available for review in the City Clerk's Office
REFERRED TO THE SPECIAL COMMITTEE ON WATERFRONT DEVELOPMENT
NO 44
P. HABERSTRO -ERIE COUNTY WALKABILITY STUDY
Dear Common Council Members:
Enclosed for your review and follow -up, is a copy of the Erie County Walkability Study, conducted September 22, 2009, by the WNY Falls
Prevention Consortium, with the support of the Community Health Foundation of Western and Central New York. Ten of the
neighborhoods were within the City of Buffalo. Please see recommendations for changes.
On behalf of the Wellness Institute of Greater Buffalo and Western New York, Inc., I would like to extend best wishes for 2010.
Copy available for review in the City Clerk's Office
REFERRED TO THE COMMITTEE ON LEGISLATION
NO 45
M. KEARNS- BUFFALO NEWS ARTICLE RE: WATER RATES
I would like to file the attached information for the next Common Council meeting to be held on January 5, 2010.
Water rates rising 21 % over 3 years
By Brian Meyer
As Buffalo's Water Board approved a series of increases that will raise the cost of turning on the tap by about 21 percent over the nest
three years, a business leader vowed Thursday to take the city to court.
Outspoken businessman Carl P. Paladino accused water officials of hiding key information and using ploys to try to quell public
opposition to rate hikes. "They do this during the Christmas holiday to try to soft pedal it, " he claimed.
Paladino is also calling on the state and city comptrollers to audit the Water Board. "It's time to hire an outside forensic auditor," said
Paladino. During a Water Board meeting Thursday, officials unanimously approved a series of rate increases and a hike in a water meter
capacity charge. Board Chairman Oluwole A. McFoy insisted that all procedures have been properly followed, and that the board has not
violated any laws. "Everything we have done has been right in line with our obligations as Water Board members," he said.
The first 6.5 percent rate increase will take effect in July. A meter capacity charge will also go up this summer, adding about 2 percent to
the typical residential bill. Another 6.5 percent increase will take effect in July 2011, followed by a 6 percent increase a year later. Water
officials said an unusually wet summer suppressed demand for water at a time when customer accounts and consumption continue to
decrease. They said water rates must go up, despite ongoing efforts to make the system more efficient. McFoy claimed personnel has
been cut by 20 percent in the past decade. Paladino, who showed up at the end of Thursday's board meeting, dismissed claims that the
system has become more efficient. "That thing is full of patronage jobs, and it's not too hard to find them' he said.
He plans to launch an Article 78 proceeding in state court. Such lawsuits challenge the actions of a public entity. He also will seek Water
Board documents under the state's Freedom of Information Law. South Council Member Michael P. Kearns attended Thursday's
meeting. Kearns said one strategy for holding down water rates could involve the city forfeiting $4.6 million that the water system typically
channels to the City's general fund each year. Kearns said Buffalo has racked up historic surpluses and has even set up a rainy day fund
to help with emergencies.
"Can these [rate increases] be categorized as an emergency? I think so. This is an emergency situation," said Kearns. A 6.5 percent rate
increase would add about $20 to the annual bill of a residential customer who currently pay $300 for water. With the series of increases
and the fee adjustment, this same customer would see water bills go up anywhere from $60 to $70 by mid -2012.
According to Water Board estimates, the average residential customer pays between $250 and $00 for water service each year,
depending on whether they are on metered or flat -rate service. Metered bills also vary significantly depending on the volume of water
consumed.
REFERRED TO THE COMMITTEE ON FINANCE
NO 46
D. SMITH -B. LANKS- ARTICLE THE INCREDIBLE SHRINKING CITY
The Incredible Shrinking City
Facing steep population decline, Youngstown, Ohio, is repositioning itself.
By Belinda Lanks
Posted April 17, 2006
When the mills shut down in the 1970s and '80s, the smokestacks and foundries that symbolized steel belt manufacturing cities gave way
to factory shells and rust. First unemployed, workers then began to move away for good. Unlike former steel powerhouses, such as
Pittsburgh and Allentown, that have tried to attract new industry and grow their way back to prosperity, Youngstown, Ohio, is hitching its
future to a strategy of creative shrinkage.
Last year Youngstown 2010 - -a partnership between the city's planning department and Youngstown State University -- unveiled a
comprehensive plan to reduce nonessential infrastructure, attract new businesses, and rehab deteriorated and abandoned spaces. In fact
Youngstown is the first city in the United States to adopt this disarming approach to the problems of population decline. "It's politically and
professionally uncomfortable to face the shrinkage of a city or region, even though it may be staring you in the face," says Frank Popper,
an urban - planning professor at Rutgers and Princeton universities. "I think it's enormously brave and creative and innovative of
Youngstown to be taking on this task."
Brave? Maybe. But Youngstown has little choice: once a city of more than 170,000, it counts roughly 80,000 residents today. The town
had to recast itself as a smaller place. "You had all of this excess infrastructure and a declining tax base," says Oliver Jerschow of Urban
Strategies, which developed the basis for Youngstown 2010's plan. "But on the positive side, Youngstown had these legacies that a
typical city of eighty thousand would never have." Those legacies include assorted cultural venues, a 140 -acre university campus, and the
five - mile -long Mill Creek Park.
The city's willingness to downsize attracted Kent State University's Cleveland Urban Design Collaborative (CUDC), whose Shrinking
Cities Institute partnered with Youngstown for last year's annual charrette. The institute focused on Oak Hill, a neighborhood that, with a
staggering 60 percent vacancy rate, ranks among Youngstown's most blighted. "We wanted to take the vacancy and turn it into an asset
rather than the liability it is now," CUDC senior planner Terry Schwarz says.
Over the course of a weekend last October, four teams of design students, Kent State faculty, and CUDC staff worked on new visions for
the neighborhood that would eliminate redundant infrastructure and capture key parcels to create large open green spaces. Shrinkage is a
new problem requiring new solutions, according to Schwarz, so in mapping out their designs the students had to depart from the New
Urbanist strategy of replacing empty lots with infill developments. "In Youngstown there's zero demand for new residential development
and very little demand for retail uses," she says. "So the things we usually do -- mixed -use housing with green space and such - didn't have
any relevance here because it simply would never happen."
But if Youngstown's residents don't need housing, people from neighboring regions do. Ultimately the city may have to surrender to its
location and become a bedroom community for Cleveland and Pittsburgh, each about 70 miles away. So in the end growing smaller may
transform Youngstown into something else, says Charles Waldheim, a University of Toronto architecture professor who participated in
the most recent Shrinking Cities conference. "To the extent that northeastern Ohio has a market for housing," he says, "it seems that
Youngstown's future is making itself available for the garden living of the suburb."
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT
NO 47
D. SMITH -B. MOCK - ARTICLE CAN THEY SAVE YOUNGSTOWN
Can They Save Youngstown?
By Brentlin Mock
One frequently asked question in Youngstown is: Who's responsible for cutting my neighbor's grass?
It's hard to imagine hearing this often in any city, but there it is on the "Frequently Asked Questions" page of Youngtown's official website,
cityofyoungstownoh.org. The page provides the obvious answer: the owner. Concerning what to do if the owner refuses to landscape,
Youngstown bluntly instructs Call the Police! '
The city council recently raised this "infraction" to a misdemeanor 3 -- a classification shared by prostitution in Ohio. Youngstown
absolutely won't tolerate grass growth. Actually, the city hasn't welcomed growth in general since the '5os, when it began hemorrhaging
residents at an average population decline of 16 percent annually, from over 17o,000 to 73,817 today. Youngstown is a shrinking city, a
municipality of arrested or regressive development, both in financial and demographic terms. Most cities in this predicament hunker down,
then spend big on casinos, sports stadiums, convention centers, hotels and nightclubs to attract new residents. The success rate for this
model is unpromising, however, especially for smaller cities that will never compete with large metropolises.
Youngstown's plan is to embrace stunted growth. The "shrinking city model," as it's called, reasons that a city suffering post - industrial
blues and losing residents by the thousands won't suddenly charm people back by way of huge commercial bells and blockbuster
whistles. Instead, the shrunk city demolishes blocks, converting its abandoned buildings and houses into open space for neighborhood
enterprises and to nurture greenery. The method is fashionably known in Europe as "unbuilding the city," finding purposes for the "terrain
vague" -- unused land and property -- other than habitation, profit or attraction.
So far, only Eastern Europe has successfully enacted these "smart decline" plans, reducing dozens of cities where deindustrialization
had taken hold in the aftermath of World War II. In Germany, cities such as Halle and Leipzig have effectively worked their shrinkage into
sustainability in the years following the dismantling of the Berlin Wall. Old mills, factories and abandoned homes were put to creative use
by the few residents left be hind.
It's a bit like telling a bald guy to shelve the Rogaine and the fancy toupees, and work instead with the little bit of hair he has. Youngstown
is by no means the only U.S. city that's balding. Virtually any city in Ohio, Pennsylvania and West Virginia that relied on steel production in
the 20th century now struggles with the loss of its assets and former status. Unlike many of these cities, Youngstown is owning its
population deficit. Through its "Youngstown 2010" plan, led by Mayor Jay Williams, the city plans to remain competitive by investing in
127 small neighborhoods throughout the region.
But how exactly does a city sustain itself while shrinking? By 2030, a population of 73,000 will become 54,000, which will eventually
become 20,000 -- and then what? Size may not matter, but density does, especially to solidify a tax base that can support schools and
media. Is Youngstown sealing its fate by shrinking out of existence?
Virtually any city in Ohio, Pennsylvania and West Virginia that relied on steel production in the 20th century now struggles with the loss of
its assets and former status.
A PLAN HATCHED BY TOWN AND GOWN
The name, "Youngstown 2010," shouldn't be confused with projected development goals, since none exist (at least none to be met by
2010). The year refers instead to census markers. "We don't know how long this process will take," says Phil Kidd, the city's downtown
events director and founder of Defend Youngstown, a self- described "movement dedicated to the advancement of the city of Youngstown"
with a popular local Web site. "The implementation stage does not have a timeline. In 2010, we'll stop and ask what's working and what's
not working."
William D'Avignon, the city's deputy director of planning, adds, "We're not saying everything we want to carry out will be completed by
2010, but we're going to plan for anything that's achievable by 2010."
The idea of shrinking first occurred to Youngstown after closing out the 20th century with three consecutive decades of decline. On Sept.
19, 1977, "Black Monday," the Sheet and Tube steel company closed doors on its mills, triggering the eventual closure of the rest of
Youngstown's steel industry. As population withered so did the housing stock, from over 50,000 units built before 1950 to just over
37,000 today. White flight reduced that demographic from two - thirds of the city in 1980 to less than half today; the black population rose
from one -third in 1980 to 45 percent today. And if the 4,213 Hispanic and Latino - American population seems minute, bear in mind that
that number is 200 percent higher than in 1990.
In the infant years of the new millennium, the city realized it urgently needed a new vision. Jay Williams was working as the city's director
of community development in 2001 when the planning department sought out the expertise of Youngstown State University (YSU), the
leading employer for the city and Williams' alma mater. YSU had plans in mind for its own growth, but ended up nurturing a rehabilitative
partnership with the city. Williams, along with D'Avignon and Anthony Kobak, the current chief city planner, teamed with YSU academics
piqued by the research of new urbanists such as Stephen Graham and Ann Markusen. Youngstown came to recognize itself, in the
words of Markusen's theoretical work, not as a "sticky" place - -an urban center that continuously draws people (Los Angeles, Atlanta,
New York City) -- but as "slippery" -- one where it's easy for, say, a YSU student to slip into the city, and then slip out due to lack of jobs
or housing.
"Our right- sizing plan came out of talks we were having internally acknowledging that although our population wouldn't be going back to
the hundreds of thousands, but that smaller didn't mean inferior," says Mayor Williams. "The question we asked was, because we were
once so much larger how can we take the remnants of what made us large and build upon that ?"
The planning team began to consider a counterintuitive approach to development: rather than grow the city, it should clean and "green" up
the unoccupied real estate. They conceived and presented a basic "right- sizing" formula to the Youngstown public, who fleshed out the
plan with their ideas and expectations. Or, depending on whom you ask, the planners consulted the public first and then drew up a
blueprint for Youngstown 2010.
No matter its genesis, the eventual plan reflected three years of public surveys and town hall meetings aimed at understanding the city's
needs. "Overwhelmingly, people said they wanted the city shrunken, and they were for cleaning up the blighted situations that were
causing different variations of decay, crime and abandonment," Kidd says. Thousands of citizens were consulted, and hundreds of
students and professionals logged the process. The plan went into high gear after Williams was elected mayor in 2005. At 34, he was the
youngest mayor Youngstown ever elected, and also the first African American -- two identity aspects that resonated with college students
and the emerging black majority.
THE ANTIDOTE TO RACISM
"He's kind of like the Barack Obama of Youngstown," says Rev. Michael Harrison, pastor of Union Baptist Church in the Northside. "I
was pretty skeptical of the 2010 plan in the beginning, only because I did not fully understand it. Once the mayor explained it to a group of
us pastors, whom he brought together, and showed us exactly how we all could benefit, I bought it hook, line and sinker."
Like Obama, Williams comes across as a figure whose blackness alone is the presumed antidote to racism. As Kobak says, "A lot of
people use Jay Williams' getting elected as mayor as a symbolic gesture of moving on, given our history of racial tension."
African - American steelworkers in Youngstown and Western Pennsylvania have historically struggled with discrimination at least as far
back as the late 1910s, when white labor unions went on strike against the steel companies. African Americans who were bussed in at
that time were seen as scabs, although from their perspective, they were just taking advantage of previously unavailable opportunities.
Hostility toward African - American steelworkers has remained entrenched ever since. They have worked the least desirable and most
dangerous jobs for the least amount of pay and lowest chance for promotion. Not until 1974, when the U.S. Department of Labor enforced
a federal consent decree on companies practicing racial discrimination, did working conditions for African Americans begin to improve.
But Black Monday arrived three years later, rendering the law moot by leaving scores of black men unemployed. Notoriously racist banks
refused African Americans home loans, which left neighborhoods segregated all the way through the 20th century.
Ironically, Williams came from the banking industry before he began working for the city. "I started off as a young loan officer and making
sure people weren't signing up with fly -by -night loan predators," says Mayor Williams. "I also spent time going out to neighborhood
churches and community organizations to do outreach emphasizing the importance of working with local financial institutions and
preparing themselves from a credit standpoint. I told the banks they have an obligation to lend on fair terms. But ultimately we were out
there in the community educating the people as well. To this day, I still have people who will walk up to me with tears in their eyes talking
about when they got their first home loan."
The Youngstown 2010 plan lists improving residents' quality of life as one of its "major vision principles" (its goals), a component aim of
which is to "begin dealing with difficult issues such as public safety and racism." The two often go discomfortingly hand -in -hand. To
tackle crime, as one of his first acts, Mayor Williams increased the budget for demolitions of abandoned buildings, understood to be
havens for criminals. Race is trickier, however, especially when it's inextricably linked to labor and class. Kobak says the city has
produced three television shows based on town hall meetings that address issues of race. But eliminating racism won't be as easy as
identifying buildings to tear down -- longstanding ideas about race and class can't simply be demolished and erased.
It's acknowledged across the board that when cities shrink, the neighborhoods that end up most expendable are typically low- income and
often predominantly African- or Latino - American communities. Kobak says these issues need not be seen as black- and -white -- "People
make them such."
"What we're trying to do is bring people from all walks of life toward a common cause," says Kobak. "We want to remove all the racial
issues and bring the city to the forefront by suggesting that these are neighborhood issues, not black- and -white issues." So far, the
consensus approach seems to have worked. Rev. Harrison, who's black, says African Americans have been granted "equal opportunity
and access" in the new plan, while Kidd says race hasn't been a "major issue."
CITIES SHRINK, BUT PROBLEMS GROW
Inevitably, unforeseen problems will impinge on Youngstown's plan. For example, another labor conflict -- this one not racially loaded --
played out as recently as 2004, when the staff of the daily newspaper Vindicator went on strike for improved wages. One thing
Youngstown possibly overlooked is that as the city shrinks, so does the circulation, subscription, advertising and revenue base for local
media. City hall may not have been concerned with drawing people from other cities for growth, but the Vindicator was. With a depleted
staff, but a mandate to continue publishing, the independent, family -owned Vindicator began recruiting journalists from as far away as
New Orleans -- while the strike was still in effect.
Another problem with shrinking is that fewer competing investors increases the chance for one or a small few to buy up more than a fair
share of property -- as is the case with downtown Youngstown, where Louis A. Frangos, the single largest property owner, occasionally
poses a problem for those trying to preserve the city.
Among the many bank and realty office buildings he owns is the Stambaugh building, a 13 -story structure of 531 windows, some of which
had been crashing to the sidewalk. Frangos initially proposed getting rid of the building, calling it a "lost cause." The building, however,
has historic preservation status. When Frangos suggested replacing the broken windows with unsightly plywood, the city's elite balked: a
letter signed by 17 "prominent players" asked the mayor to have Frangos take better care of his buildings. The letter referred to his
properties as "a real -life Monopoly game that is occurring in our downtown."
"By no means do we think we have it all figured out," says Kidd. "We all want to clean and green our city so that at some point we can be
positioned for growth again, but right now we just have to clean up the house."
SMALL TOWN BUSINESS
At the same time that the city prepares to shrink, the mayor and his planners are eyeballing potential growth through regional
partnerships, including the neighboring municipalities of Austintown, Boardman, Camfield, Campbell and Struthers. Youngstown wants to
establish a joint economic development district (JEDD) plan encompassing the Mahoning River Corridor. In the proposed arrangement,
the suburban townships will depend on Youngstown's water supply, and residents who work in the city will pay an income tax directed to
business expansion efforts.
Youngstown expects the JEDD to produce some 3,750 jobs and $439 million in revenue over the next 20 years. The only problem is that
suburbanites aren't interested in financing Youngstown's growth with their own income and water taxes. Some municipalities have
retained lawyers specifically trained in JEDD policies to protect themselves from the plan.
For now, though, the principal growth efforts are community empowerment groups. Six neighborhoods, including Wick Park, which Kidd
calls home, have been targeted for investment. In concert with the city and YSU, community organizations from each will establish their
own development goals, to be executed by volunteer residents and reinforced by the city. Successfully implemented plans will serve as
templates for other neighborhoods, as well as for future city- community governance. "A lot of people in this city are used to taking orders
through a chain of command," says Kidd. "In this instance, it's a 50 -50 partnership between the communities and the city."
The downtown central business district is also being revived. Under the Youngstown Business Incubator program, start -up knowledge -
and technology -based companies are nestled under one roof and assisted by federal grants. The one major requirement for inclusion is
that the start -ups exchange notes so that they can build as a cluster. One company from this program, Turning Technologies, has already
taken off, voted the top software company in the country last year by Inc. Magazine.
After two failed attempts, Youngstown also finally won the National Planning Excellence Award for Public Outreach last year, awarded by
the American Planning Association. The lesson, apparently, is that sometimes you have to shrink to grow.
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT
NO 48
NYSDEC -DEQR LEAD AGENCY COORDINATION BATTAGLIA TRANSFER STATION
SEQR LEAD AGENCY COORDINATION BATTAGLIA TRANSFER STATION 1037 -1055 SENECA STREET
This is to advise you that the New York State Department of Environmental Conservation (the Department) has received an application
from Battaglia Demolition Inc. to modify the Solid Waste Management Facility permit for the facility located at 1037 - 1055 Seneca Street.
The modification application involves an increase in the facility's approved design capacity from 3800 tons per month to 750 tons per day
Of construction and demolition debris, to install a material sorting and screening system to recover components of the waste stream, and
a change of operating hours from
7:00 a.m. - 6:00 p.m. Monday through Friday and 7:00 a.m. - 1:00 p.m. on Saturday to 6:00 a.m. - 6:00 p.m. Monday through Saturday
(for waste receiving and handling) and 6:00 a.m. - 8:00 p.m. Monday through Saturday (for waste handling).
In accordance with 6NYCRR Part 617, the implementing regulations for the State Environmental Quality Review Act (SEAR), we have
identified the proposal as an "Unlisted" Action and have decided to undertake a coordinated review of this action. The purpose of this
letter is to inform you that a lead agency must be agreed upon within 30 days of this letter and to request information and comments
regarding any project impacts which should be addressed in the SEQR review. Preparation of an Environmental Impact Statement or
issuance of a Determination of Non - Significance must be done after designation of an appropriate "SEAR Lead Agency ".
Enclosed with this letter is the Part 360 Solid Waste Management Permit Application and a cover letter. The proposed modifications are
described in further detail within the enclosed bound document which contains: a locator map, site plan, equipment layout, Full
Environmental Assessment Form and an Environmental Justice Public Participation Plan.
Please review this material and reply by January 18, 2010. If no reply is received by this date, we will assume you have no comments to
make at this time.
If you have any questions, please contact me at (716) 851 -7165.
Sincerely,
Steven J. Doleski
Regional Permit Administrator
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 49
G PRITCHARD- WITHDRAW NAME FOR VACANT ELLICOTT DISTRICT SEAT
David A. Franczyk
President of the Common Council
1315 City Hall
Buffalo, NY 14202
Dear David:
Please withdraw my name from consideration for the vacant council seat for the Ellicott District.
After much thoughtful consideration, I feel that at this time in my life I would rather pursue other opportunities.
Sincerely,
RECEIVED AND FILED
NO. 50
L. RUCINSKI- REQUEST TO PURCHASE COMPUTER
Laura Rucinski
115 Dempster St
Buffalo NY 14206
Dear Councilmembers
I am interested in purchasing a computer from the City of Buffalo Serial Number BFX -DD 137
COB number 4640
Price $35.00
Thank you
Laura Rucinski
Mr. Fontana moved
That the above communication from Laura Rucinski, be received and filed; and
That the Directors of MIS and Purchase be, and they hereby are authorized to sell Computer Number BFX- DD137, City of Buffalo
Number 4640 to Laura Rucinsld in the amount of $35.00.
PASSED
AYES - 8 NOES — 0
REGULAR COMMITTEES
CIVIL SERVICE
(BONNIE E. RUSSELL, CHAIRPERSON)
NO. 51
APPT STREET WORKER (PERM)(INTER)(NORMAN)(PW)
(CCP# 22, 12/22)
Mrs Russell moved
That Communication 22 of December 22, 2009 be received and Filed and that the Permanent Appointment of Brian K. Norman, 70 Gall
Avenue, Buffalo, NY 14215 at the Intermediate Salary of $33,834.00 is hereby approved.
PASSED
AYES -8 NOES -0
NO. 52
APPT STREET WORKER (PERM)(LUTER)(LEONARD)(PW)
(CCP# 23, 12/22
Mrs Russell moved
That Communication 23 of December 22, 2009 be received and Filed and that the Permanent Appointment of Gergory M. Leonard, 149
Cushing Place, Buffalo, NY 14220 at the Intermediate Salary of $32,542.00 is hereby approved.
PASSED
AYES -8 NOES -0
NO. 53
NOTICES OF APPOINTMENTS - TEMP /PROV /PERM
CCP# 34,12/22
Mrs. Russell moved
That the above item be the same and hereby is Received and Filed
ADOPTED
FINANCE
(MICHAEL P. KEARNS, CHAIRMAN)
NO. 54
LEASE AGREEMENT - CITY AND KLEINHANS MUSIC HALL MANAGEMENT, INC.
(ITEM NO. 13, C.C.P., DEC. 22, 2009)
That the above item be, and the same hereby is, returned to the Common Council without recommendation.
Mr. Kearns moved:
That the Commissioner of Public Works, Parks & Streets and the Director of Real Estate be, and they hereby are authorized to draft a
one -year agreement between the City of Buffalo and Kleinhans Music Hall Management, Inc. subject to the further approval of said
agreement by the Common Council.
PASSED
AYES -8 NOES -0
NO. 55
BIDS - E Z TAG CONTRACT
(ITEM NO. 28, C.C.P., DEC. 28, 2009)
That the Commissioner of Administration, Finance, Policy and Urban Affairs be, and she hereby is authorized to award a contract for the
E Z Tag Contract to The EZTag Corp., 334 Cornelia Street Plattsburg, N.Y., the lowest responsible bidder, in the amount of $.47 per
ticket. Funds for the project are available in 11413006 - 444201 Division of Parking Enforcement in the total amount of $126,500.00.
PASSED
AYES -8 NOES -0
NO. 56
AMENDMENT TO CONTRACT INQUIRIES, INC. - BACKGROUND INVESTIGATIONS
ENTRY POLICE AND FIRE CANDIDATES
(ITEM NO. 29, C.C.P, DEC. 22, 2009)
That the above item be, and the same hereby is, returned to the Common Council without recommendation.
Mr. Kearns moved:
That the Commissioner of Human Resources be, and she hereby is authorized to amend the original contract with Inquiries, Inc. to fiscal
years 2010/11, 2011/12, and 2012/13 with an annual not to exceed amount of $75,000.00.
PASSED
AYES -8 NOES -0
NO. 57
BUFFALO WATER BOARD NOTICE OF PUBLIC HEARING
(ITEM NO. 38, C.C.P., DEC. 22, 2009)
That the above item be, and the same hereby is, returned to the Common Council without recommendation.
Mr. Kearns moved:
That the above - mentioned item be and the same is hereby received and filed.
ADOPTED
NO. 58
BUFFALO WATER SYSTEM - MONTHLY OPERATIONS REPORT - NOVEMBER 2009
(ITEM NO. 39, C.C.P., DEC. 22, 2009)
That the above item be, and the same hereby is, returned to the Common Council without recommendation.
Mr. Kearns moved:
That the above - mentioned item be and the same is hereby received and filed.
ADOPTED
NO. 59
INTERNATIONAL BROTHERHOOD OF ELEC WKRS - QUALIFIED INSTALLERS OF MUNICIPAL SOLAR ELECTRIC SYSTEMS
CCP# 48, 11/10
Mr. Kearns moved
That the above item be the same and hereby is Received and Filed
ADOPTED
NO. 60
R. FONTANA- RESIDENT REQ INFORMATION ON HOMESTEADING PROPERTY
CCP# 59, 07/7
Mr. Kearns moved
That the above item be the same and hereby is Received and Filed
ADOPTED
COMMUNITY DEVELOPMENT
(MICHAEL J. LOCURTO, CHAIRMAN)
NO. 61
REPORT OF SALE - 124 COURTLAND
(ITEM NO. 5, C.C.P., DEC. 22, 2009)
That the above item be, and the same hereby is, returned to the Common Council without recommendation.
Mr. LoCurto moved:
That the offer from Michael G. Lyons, residing at 37 Cantwell Street, in the sum of One Thousand and Four Hundred Dollars ($1,400.00)
for the purchase of 124 Courtland, 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 -8 NOES -0
NO. 62
REPORT OF SALE - 24 STONE
(ITEM NO. 7, C.C.P., DEC. 22, 2009)
That the above item be, and the same hereby is, returned to the Common Council without recommendation
Mr. LoCurto moved:
That the offer from Mr. Les Mandez Baum, President of 1689 Broadway, Inc., located at 1689 Broadway, in the sum of Five Thousand
Five Hundred Dollars ($5,500.00) for the purchase of 24 Stone Street, 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 -8 NOES -0
NO. 63
M. MARSCH- CONCERNS - BUFFALO HOTEL OWNERS & OPERATORS
(C.C.P. #44,12/22)
That the above item be the same and hereby is Received and Filed.
ADOPTED
LEGISLATION
(JOSEPH GOLOMBEK JR., CHAIRMAN)
NO. 64
A. CANTOS, PETITION TO USE 2264 MAIN STREET - GROUND SIGN
(ITEM NO. 50, C.C.P., DEC. 22, 2009)
That the above item be, and the same hereby is, returned to the Common Council without recommendation.
Mr. Golombek moved:
That the petition of A. Cantos, owner, for permission to use 2264 Main Street for a 90" x 60" ground sign be, and hereby approved
On the condition that the overall height of the sign not exceed 6 feet.
PASSED
AYES - 8 NOES — 0
NO. 65
A. LOJANCONO, PETITION TO USE 1518 HERTEL AVENUE - CONVERT 1 STORY
MASONRY. TO A TAKE -OUT RESTAURANT (ITEM NO. 57, C.C.P., NOV. 10, 2009) (ITEM NO. 75, C.C.P., DEC. 22, 2009)
That the above item be, and the same hereby is, returned to the Common Council without recommendation.
Mr. Golombek moved:
That the above item is hereby recommitted to the Committee on Legislation.
ADOPTED
RULES
(DAVID A. FRANCZYK)
NO. 66
CHANGE STARTING TIME OF COMMON COUNCIL MEETING
CCP# 123, 9/16
Mr. Franczyk moved
That the above item be the same and hereby is Received and Filed
ADOPTED
NO. 67
BUDGET AMENDMENTS
CCP# 104,5/29
Mr. Franczyk moved
That the above item be the same and hereby is Received and Filed
ADOPTED
AYES — FONTANA, FRANCZYK, GOLOMBEK, KEARNS, LOCURTO, RIVERA, RUSSELL - 7 NOES — SMITH - 1
NO. 68
LIMITING EMPLOYEES IN COUNCIL OFFICES REC. HEALTHCARE & BENEFITS
CCP# 84,12/8
Mr. Franczyk moved
That the above item be the same and hereby is Received and Filed
ADOPTED
AYES — FONTANA, FRANCZYK, KEARNS, LOCURTO, RIVERA, RUSSELL - 6 NOES — GOLOMBEK, SMITH — 2
NO. 69
REQ BFLO CC CHIEF OF STAFF& CENTRAL STAFF TO HOLD DEGREES
CCP# 86, 12/8
Mr. Franczyk moved
That the above item be the same and hereby is Received and Filed
ADOPTED
AYES — FONTANA, FRANCZYK, KEARNS, LOCURTO, RIVERA, RUSSELL - 6 NOES — GOLOMBEK, SMITH — 2
RESOLUTIONS
NO. 70
BY: MR. KEARNS, MR GOLOMBEK
RE: INCREASING TRANSPERANCY IN GOVERNMENT
Whereas: The City and its allied agencies rely upon a myriad of governing boards and steering committees to make decisions that often
have considerable impact on the livelihood and financial all: airs of the taxpayers, business owners, and residents of the City of Buffalo;
and
Whereas: It has increasingly become apparent that many taxpayers, business owners, and residents of the City of Buffalo would like to
take a more active role in the affairs of their City and its allied agencies and authorities; and
Whereas: Often times, the members and directors of City Boards, Agencies and Authorities are political appointments and the
taxpayers, business owners, and residents of the City of Buffalo are limited in their ability to scrutinize the operations and decisions of
these unelected officials and their respective governing boards; and
Whereas: Foreseeing this predicament, the authors of the City's Charter created Article 18, entitled Boards and Commissions, and
specifically, sections 18 -I, "This article shall govern the creation and activity of all appointed Boards, Commissions, Committees, Councils
or other like bodies in the City of Buffalo except as otherwise provided by this Charter or other law ", 18 -2 "All meetings shall be open to
the public with notice of such being filed with the City Clerk" and section 18 -3, "The chair or head of each Board, shall in addition to the
reports required by this charter, once in each year and at other times as the mayor may direct, make to the Mayor and file with the City
Clerk, in such form and under such rules as the Mayor or this Charter prescribes, reports of their operations and action;" and
Whereas: The City, in an effort to improve its information technology capabilities, has made a large investment in the area of
telecommunications which has given the city the capability of recording and playing back for viewing on the Citywide Cable Access
Television network (CATV) government channel, the meetings of the Boards of Directors of the Agencies, Authorities, Boards,
Commissions, Committees, Councils or other like bodies of the City as well as other items of interest to the community as a whole; and
Whereas: The City Clerk has advised the undersigned Common Council Member that notice of the required meetings and submission
of annual reports to the City Clerk, as required by the City Charter sections identified herein, are not being filed by many boards and
commissions nor are their meetings in all instances being recorded and played back for viewing on the City government channel.
Now, Therefore Be It Resolved:
That this Common Council of the City of Buffalo is committed to advancing and increasing transparency throughout City Government,
and especially in the operations of the City's allied Agencies, Authorities, Boards, Commissions, Committees, Councils or other like
bodies; and
Be it Further Resolved:
That the Department of Law advise this Common Council of its options, remedies and its ability to impose penalties for the failure of City's
allied Agencies, Authorities, Boards, Commissions, Committees, Councils or other like bodies to comply with City Charter requirements;
and
Be it Further Resolved:
That the Department of Law prepare and submit to this Common Council proposed .amendments to the applicable sections of the City's
Charter, as well as any other governing acts or laws, which will require any Agency, Authority, Board, Commission, Committee, Council or
other like body specifically created by the Mayor, the Comptroller or the Common Council, that will compel them to conduct their meetings
in Common Council Chambers to allow for recording and playback, to file minutes of such meetings with the City Clerk immediately
following the conclusion of such meetings, and to file copies of all reports commissioned by or prepared for said Agencies, Authorities,
Boards, Commissions, Committees, Councils or other like bodies in a timely manner with the City Clerk; and
Be it Further Resolved:
That this item be referred to the Mayor and the Comptroller on behalf of any Agencies, Authorities, Boards, Commissions, Committees,
Councils or other like bodies that they have empowered, as well as to the Board of Directors of the Buffalo Sewer Authority, the Buffalo
Urban Renewal Agency, the Buffalo Housing Authority, and the Buffalo Board of Education for comment and response; and
Be It Finally Resolved:
That this item be referred to the Common Council's Finance Committee for further discussion.
South District Common Council Member
REFERRED TO THE COMMITTEE ON FINANCE.
NO. 71
BY: MR. GOLOMBEK
ELIMINATING THE BUFFALO ECONOMIC RENAISSANCE CORP. AS A STEP TOWARDS A NEW APPROACH FOR
ECONOMIC DEVELOPMENT
Whereas: The focus of City government should be on providing basic services such as police, fire, licenses, permits etc.; and
Whereas: Due to fiscal problems at the federal, state and local level, city government must seek to operate in a manner that is efficient
and cost effective; and
Whereas: The Buffalo Economic Renaissance Corp. (BERC) with 25 employees and a budget of $4.7 million is not an efficient, cost
effective or productive way to encourage economic development in Buffalo; and
Whereas: City government should not be in the economic development business, as politicians do not know how to create private sector
jobs. The poor results from government sponsored economic development programs speak for themselves; and
Whereas: Eliminating BERC and leveraging its $4.7 million budget (which consists of federal and state grants) by joining forces with the
private sector and the University of Buffalo, will result in more loan money being available for small businesses; and
Whereas: What is needed in Buffalo is a venture capital organization that provides financing and support to local entrepreneurs seeking
to create new companies; and
Whereas: By eliminating BERC we can eliminate the cost of 25 governmental jobs and increase the amount of financing available for
small businesses to create more private sector jobs; and
Whereas: Change is always difficult but Buffalo needs to reinvent its approach to economic development. We need to keep an open mind
and at least consider some new ideas.
Whereas: Tweaking the operation of BERC to bring about Incremental change is not good enough. We need to completely reinvent our
approach to economic development.
Now Therefore Be It Resolved
That copies of this resolution seeking comments be forwarded to:
Dennis Penman, BERC Board Chair, Tom Kucharski, CEO of Buffalo Niagara Enterprises, Andrew Rudnick, CEO of the Buffalo Niagara
Partnership, John Simpson, President of the University of Buffalo, Patrick Whalen, COO Buffalo Niagara Medical Campus, Jeffrey Ross,
Executive Director Info Tech Niagara,
Tim Godzich, CEO Liazon, Tom Ulbrich, Director UB Center for Entrepreneurial Leadership, Robert Genco, Vice Provost UB Office of
Science, Technology Transfer, and Economic Outreach (STOR), Marnie LaVigne, Ph.D. Director, Business Development UB Center for
Advanced Biomedical and Bioengineering Technology, Robert D. Gioia President The John R. Oishei Foundation, the Western New York
Venture Association, the Black Chamber of Commerce of WNY, the Latino Business Owners Association, the Buffalo Niagara Chapter of
the National Association of Women Business Owners, Bill Reich, Esq. Buffalo Regional Center, Lou Jean Fleron & Sam Magavern Co-
Directors of the Partnership for the Public Good, Robert Franke, Executive Director of the Grant -Ferry Association,
Be It Further Resolved
That this item be referred to an appropriate Committee of the Common Council to review the comments received and to possibly bring in
individuals to discuss their written comments further.
ADOPT 1st RESOLVE REFER THE REMAINDER TO THE COMMITTEE ON COMMUNITY DEVELOPMENT
NO. 72
BY: MR. LOCURTO
RE: DISCHARGE COMMUNITY DEVELOPMENT COMMITTEE
ITEM #59 C.C.P. DECEMBER 22, 2009
"REPORT OF SALE 349 HEWITT (UNIV)(STRAT PLAN) ( #10, 12/8)"
Whereas The above item is currently in the Community Development Committee; and
Whereas: It is no longer necessary for this item to be considered by that committee;
Now, Therefore Be it Resolved:
That this Common Council does hereby discharge the Community Development Committee from further consideration of Item #59 C.C.P.
December 22, 2009, "Report of Sale 349 Hewitt (Univ)(Strat Plan) ( #10, 12/8)" and said item is now before the Common Council for its
consideration.
ADOPT DISCHARGE
PASSED
AYES -8 NOES -0
BY: MS. RUSSELL
NO. 73
BUDGET AND PERSONNEL AMENDMENT COMMON COUNCIL
COUNCILMEMBER 11
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 - Common Council, 1012 - Councilmember #11 which
currently reads:
$ 30,482
Is hereby amended to read:
1 Assistant Legislative Aide II $ 30,482
IT IS HEREBY CERTIFIED, 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 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 he fixed at the respective amount set forth in the foregoing
ordinance.
We, BYRON W. BROWN, MAYOR and ANDREW A. SANFILIPPO, COMPTROLLER do hereby certify, pursuant to Section 20 -12 of
the Charter, that it is necessary that the sum of $28,000.00 be transferred and reappropriated as set forth below:
From 10112001 411001 Salary $28,000
To 10102001 412002 Hourly $28,000
APPROVED AS TO FORM
DAVID RODRIGUEZ
ACTING CORPORATION COUNSEL
PASSED
AYES -8 NOES -0
NO. 74
BY: DEMONE A SMITH
APPOINTMENTS COMMISSIONERS OF DEEDS REQUIRED FOR THE PROPER PERFORMANCE OF PUBLIC DUTIES
That the following person(s) are hereby appointed as Commissioner of Deeds for the term ending December 31, 2010, conditional upon
the persons so appointed certifying under oath to their qualifications and filing same with the City of Buffalo
Marlin L. Hall
Timothy J. Rooney
James Thoma
Rene Juarez
Daniel P. Wood
TOTAL 5
ADOPTED
NO. 75
BY: DEMONE A SMITH
APPOINTMENTS COMMISSIONER OF DEEDS
That the following persons are hereby appointed as Commissioner of Deeds for the term ending December 31, 2010, conditional, upon
the person so appointed certifying under oath to their qualifications and filing same with the City Clerk:
Anthony Schug
Christopher Flynn
TOTAL2
ADOPTED
NO. 76
BY: MR. SMITH
RE: APPOINT LEGISLATIVE ASSISTANT
Whereas I hereby appoint Todd McAlister, residing at 88 Connelly, Buffalo, New York 14215 to the position of Legislative Assistant in
the Masten District Council Office.
Now, Therefore, Be It Resolved That:
Todd McAlister 88 Connelly, Buffalo, New York 14216 is hereby appointed as a Legislative Assistant in the Masten District office
pursuant to section 3 -7 of the Charter of the City of Buffalo, to be effective January 11, 2010.
ADOPTED
BY: MR. SMITH AND MRS. RUSSELL
NO. 77
ELLICOTT DISTRICT VACANCY
Whereas: The Ellicott District Council Seat has been vacant for close to two months: and
Whereas Ellicott District residents and community leaders have expressed concern about the lack of representation on the Common
Council: and
Whereas The Ellicott District Democratic Committee meets on Saturday for their recommendation and the Common Council is the
approving body.
Now Therefore Be It Resolved:
That an Ellicott District Council Member be appointed before the next General Body Meeting of the Common Council of the City of Buffalo
on January 19, 2010.
REFERRED TO THE COMMITTEE OF THE WHOLE
NO. 78
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.
Reaular Committees
Committee on Civil Service Tuesday, January 12, 2010 at 9:45 o'clock AM
Committee on Finance Tuesday, January 12, 2010 at 10:00 o'clock AM
following Civil Service
Committee on Comm. Dev. Tuesday, January 12, 2010 at 1:00 o'clock PM
Committee on Legislation Tuesday, January 12, 2010 at 2:00 o'clock PM
(Public Disclaimer): All meetinas are subiect to chanae and cancellation by the respective Chairmen of Council Committees. Inthe event
that there is sufficient time aiven for notification. it will be provided. In addition. there may be meetinas set uD wherebv the Citv 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. 79
ADJOURNMENT
On a motion by Mr. Fontana, Seconded by Mr. Kearns, the Council adjourned at 2:56 PM
GERALD CHWALINSKI
CITY CLERK