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Home My WebLink About10-0119-0114SS (2)No. 2 PROCEEDINGS OF THE CITY OF BUFFALO January 19, 2010 SPECIAL SESSION January 14, 2010 MAYOR Hon. Byron W. Brown COMPTROLLER Andrew Sanfilippo COMMON COUNCIL PRESIDENT OF THE COUNCIL FILLMORE DISTRICT DAVID A. FRANCZYK PRESIDENT PRO TEMPORE NIAGARA DISTRICT DAVID A. RIVERA MAJORITY LEADER LOVEJOY DISTRICT RICHARD A. FONTANA DISTRICT COUNCIL MEMBERS CURTIS HAYES JR - ELLICOTT DEMONE A. SMITH — MASTEN MICHAEL J. LO CURTO — DELAWARE JOSEPH GOLOMBEK JR. — NORTH DAVID A. RIVERA- NIAGARA BONNIE C. RUSSELL - UNIVERSITY REGULAR COMMITTEES CIVIL SERVICE COMMITTEE: Bonnie E. Russell Chairman, Michael P. Kearns, Richard A. Fontana, Curtis Haynes Jr., David A. Rivera - Members 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, Curtis Haynes Jr., Michael J. LoCurto, David A. Rivera, Bonnie E. Russell - Members. LEGISLATION COMMITTEE: Joseph Golombek Jr., Chairman, Richard A. Fontana, Curtis Haynes Jr., Michael LoCurto, David Rivera - Members. RULES COMMITTEE: David A. Franczyk, Chairman, Richard A. Fontana, David A. Rivera - Members 1-11:2 *] / e 1 S e i e L� i h� i 111 i 9 4 *1 Members BUDGET COMMITTEE: Richard A. Fontana, Chairman, Michael P. Kearns, Michael J. LoCurto, Bonnie E. Russell - EDUCATION COMMITTEE: Demone Smith, Chairman, Richard A. Fontana, Curtis Haynes Jr.- Members MINORITY BUSINESS ENTERPRISE COMMITTEE: Demone Smith Chairman, Richard A. Fontana, Joseph Golombek Jr., Curtis Haynes Jr. — Members PARKS OVERSIGHT: Demone A. Smith, Chairman, Richard A. Fontana, Curtis Haynes Jr., Michael P. Kearns, Michael J. LoCurto - Members POLICE OVERSIGHT: Richard A. Fontana, Chairman, Curtis Haynes Jr., Michael P. Kearns, David A. Rivera, Bonnie E. Russell, Demone Smith — Members PUBLIC TRANSPORTATION: Michael P. Kearns, Chairman, Richard A. Fontana, Michael J. LoCurto, David A. Rivera - Members WATERFRONT DEVELOPMENT COMMITTEE: Michael P. Kearns, Chairman, Joseph Golombek, Jr, Michael J. LoCurto, David A. Rivera, members CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO TUESDAY, JANUARY 19, 2010 AT 2:00 P.M. Present - David A. Franczyk, President of the Council, and Councilmembers: Fontana, Golombek Jr, Haynes Jr, 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 January 5, 2010 were approved. INVOCATION PLEDGE TO FLAG DATE January 19. 2010 FINAL MAYOR 1- A. 2010 -2011 Annual Action Plan -Yr 36 Comm Dev Block Grant CD 2- 1. Appt Member Bflo Env Mngt Comm(Robinson) R &F MAYOR - EXECUTIVE 3- 2. Cit Serv- Submission of Monthly Report December 2009 R &F 4- 3. Strat Plan -Perm to Designate Redeveloper South Buffalo Charter School CD 5- 4. Strat Plan -Perm to Designate Redeveloper MLK Block Club Assoc - 1628 Fillmore(Mas) CD 6- 5. Strat Plan- Report of Sale -107 Burgard(Lov) CD 7- 6. Strat Plan- Report of Sale -162 Maple(Ell) CD 8- 7. Strat Plan- Report of Sale -96 Oxford(Del) CD COUNCIL PRESIDENT 9- 7A. Changes to Common Council Committees R &F PUBLIC WORKS 10- 8. Create Position of Recycling Coordinator APP 11- 9. Ellicott St Gateway Project -Two Additional Potential Parcels(Ell) LEG 12- 10. Permission to Engage Services of Consulting Engineer Residential Metering Program FIN 13- 11. Permission to Enter into Agmt w /NYSDOT- Porter Ave Resurfacing Project(Nia) - APP 14- 12. Report of Bids Broadway Market - Boiler Repl(Fill) APP 15- 13. Report of Bids - Porter Ave Resurfacing Project(Nia) APP 16- 14. Report of Bids - Repair of Streetlight Foundations and Knockdowns APP POLICE 17- 15. Acceptance of Reimbursement Funds From EC Stop DWI Program APP FIRE 18- 16. Purchase of Fire Department Apparatus APP CORPORATION COUNSEL 19- 17. Claims Committee Agenda CLAIMS PERMITS AND INSPECTIONS 20- 18. Food Store License(New) 1305 Broadway(Fill) LEG 21- 19. Food Store License(New) 302 Grant(Nia) LEG 22- 20. Food Store License(New) 2042 South Park(South) LEG 23- 21. Food Store License(New) 2082 South Park (South) LEG 24- 22. Food Store License Renewals -List Expiring 4/1/2010 LEG 25- 23. Increase in Contracts -300 Manhatten,602 Fourth, Paradigm Asbestos Survey JMD Air and Project Monitoring Services FIN 26- 24. Restaurant Dance Class IV -45 W. Chippewa(Ell) LEG 27- 25. Used Car Dealer -1531 Niagara St(Nia) LEG 28- 26. Used Car Dealer -1525 William(Lov) LEG BOARD OF EDUCATION 29- 27. Response - "Support Neighborhood Schools" ED BURA 30- 28. Lease Renewal -628 Washington(Ell) CD BERC 31- 29. Single Audit Reporting Package - 5/31/2008 FIN CITY CLERK 32- 30. Items returned by Mayor without Approval /Disapproval R &F 33- 31. Leaves of Absence R &F 34- 32. Reports of Attendance R &F 35- 33. Notices of Appointment - Seasonal R &F 36- 34. Notices of Appointments- Temp /Prov /Perm CS MISCELLANEOUS 37- 35. Buffalo Water Board - Monthly Operations Report December 2009 R &F 38- 36. LP Ciminelli -Board Packet Documents January 2010 R &F 39- 37. M. Densmore -US Customs & Border Protection -Req Meeting with Civic Leaders - R &F 40 38. M. LoCurto- Article -City of Rochester Reassessment LEG 41- 39. S. Magavern- PPG - Resonse Eliminating the BERC CD 42- 40. J. McGowan- WNYVA- Response Eliminating BERC CD 43- 41. N. Primerano- Concerns Process of Appt. to Council Seat R &F 44- 42. D. Stieglitz -Re- launching the JSCB Neighborhood Stabilization Initiative ED,JSCB 45- 43. C. Wahl- Concerns - Barricades at Back Door -Club W LEG,EDPI 46- 44. W. Weagley -USPS- Response Re Broadway Fillmore Station R &F PETITIONS 47- 45. D. Tronolone, Agent, Use 400 Lincoln Pkwy for a Human Service Facility (no pub hrg)(North) LEG,CPBD,ZONING RESOLUTIONS 87- 45A Franczyk Appointment to the Arts Commission(Spencer) R &F ---- - - -46. Golombek Nominate Marilyn Rodgers to Appt for Ellicott District Seat WITHDRAWN 88- 47. Golombek Undertaking A Merger Btwn Bflo Water Authority and EC FROM THE MAYOR NO 1 2010 -2011 ANNUAL ACTION PLAN -YR 36 COMM DEV BLOCK GRANT Attached for Your Honorable Body's consideration, please find the City of Buffalo's 2010 -2011 Annual Action Plan in accordance with the allocation of funds set forth by the U.S. Dept. of Housing & Urban Development: Community Development Block Grant $16,091,522 HOME Investment Partnership Grant 5,081,876 Emergency Shelter Grant 706,910 Water Authority ADOPT 2 "D RES,REM FIN 89- 48. Kearns Req The Mayor Appoint Three Individuals to Fill Vacant Director Positions on the Water Board ADOPT 90- 48A Kearns Temporary CC Appointment to the Assessment Review Board(Sole)ADOPT 91- 49. LoCurto Set Public Hearing -Lease Renewal 628 Washington((EII) ADOPT 92- 50. LoCurto Approval to Lease 628 Washington St(EII)(hrg 2/2/) CD 93- 51. LoCurto Lowering City Energy Costs by Switching over to Compact Fluorescent Lightina ADOPT 1 sT &2 "D RES,REM FIN 94- 52. Russell Budget and Personnel Amendment -HR APP 95- 53. Russell Budget and Personnel Amendment -PW APP 96- 54. Smith Budget Amendments LEG 97- 55. Smith Comm of Deeds Public Duties ADOPT 98- 56. Smith Comm of Deeds ADOPT TABLE ITEMS - - - -- #1059/1/09 K. Frizlen, Owner, Rezone 301, 305, 311 West Utica for Multi Family Housing (Nia)(hrg 5/19) SUBMISSION LIST OF COMMITTEE ITEMS FOR THE COUNCIL MEETINGS CIVIL SERVICE 48- 1. Com 17 Jan 5 Appts Park Supervisor I (Perm)(Max)(DeJames, Durfee,Penta)(PW) R &F 49- 2. Com 18 Jan 5 Appt Supervisor of Rinks & Pools(Perm)(Max)(Wojcik)(PW) R &F 50- 3. Com 19 Jan 5 Appt Head Grower(Perm)(Max)(Krajnik)(PW) R &F 51- 4. Com 20 Jan 5 Appts Recreation Instructor(Perm)(Max) (Milovich, Fracos, Dempsey, DanielsDunbar , Harrington, Liebner, Tomporowski)(PW) R &F 52- 5. Com 21 Jan 5 Appts Recreation Instructor(Perm)(Inter) ( Steinwandel Cam pobel lo, Brozyna, Brown ing)(PW) R &F 53- 6. Com 22 Jan 5 Appts Park Utility Worker (Perm)(Max)(Fray,Swaringer, Martinez,Stokley, Dziedzic, Stevens Jr., Bundy, Syracuse, Propis, DiCioccio, Schwertfeger)(PW) R &F 54- 7. Com 23 Jan 5 Appt Park Utility Worker (Perm)(Inter)(Leonard)(PW) R &F 55- 8. Com 24 Jan 5 Appt Park Utility Worker(Prov)(Inter)(Snyder)(PW) R &F 56- 9. Com 25 Jan 5 Appts Community Recreation Aide(Perm)(Max) (Rogers, Middlebrooks, Maracle)(PW) R &F 57- 10. Com 26 Jan 5 Appts Community Recreation Aide(Perm)(Inter)(Doll III)(PW) R &F 58- 11. Com 27 Jan 5 Appts Laborer II(Perm)(Max)(Sumbrum,Berry)(PW) R &F 59- 12. Com 28 Jan 5 Appt Motor Equipment Mechanic(Perm)(Max)(Norris)(PW) APP 60- 13. Com 29 Jan 5 Appt Stenographer (Perm)(Max)(Mustafa)(PW) APP 61- 14. Com 30 Jan 5 Appt Laborer II (Perm)(Inter)(Finnegan)(PW) APP 62- 15. Com 31 Jan 5 Appts Equipment Operator (Perm)(Fourth Step) (Montelone, Pinelli)(PW) APP 63- 16. Com 32 Jan 5 Appt Heavy Equipment Operator(Perm)(Fourth Step) (Mazur)(PW) APP 64- 17. Com 41 Jan 5 Notice of Appointments- Temp /Prov /Perm(Cty Clk) R &F FINANCE 65- 18. Com 7 Jan 5 Bond Closeout- $1,424,263.98(Compt) APP 66- 19. Com 15 Jan 5 Request Perm to Take into Fleet- Chrysler Suburban(PW) APP 67- 20. Com 16 Jan 5 Request Perm to Take into Fleet -2002 Ford Bus(PW) APP 68- 21. Res 70 Jan 5 Increasing Transparency in Gov't ADOPT 2 "D & 4 1 " RES, REM FIN LEGISLATION 69- 22. Com 35 Jan 5 Food Store License (New) 535 Broadway(EII)(EDPI) RECOMMITT 70- 23. Com 37 Jan 5 Food Store License (New) 1799 Genesee (Fill)(EDPI) APP 71- 24. No 48 Jan 5 NYSDEC -SEAR Lead Agency Coordination Battaglia Transfer Station RECOMMITT 72- 25. No 65 Jan 5 A. Lojancono, Owner, Use 1518 Hertel Ave - Convert 1 Story Masonry to a Take -Out Restaurant (Del)(hrg11 /17)(# 57,11/10)( #84,11/24)( #75,12/22) APP /COND 73- 26. Com 25 Dec 22 Food Store License 523 Starin (Univ)(EDPI) APP 74- 27. No 45 Dec 22 D. Ponton- Response Buffalo State College Student Housina CD 75- 28. Res 91 Dec 22 Mandating that Landlord Smoking Policies be Disclosed as Part of All New Written Lease Agmts in the COB(except 1 sc & 3 rd Res) R &F 76- 29. Com 1 Nov 24 SEQRA Lead Agency 391 Washington St- Lafayette Hotel(Ell)(PLBD) R &F 77- 30. Com 9 Sept 29 Reward Fund -East Side Firebombing (Compt) R &F 78- 31. No 35 Sept 29 S. Colangelo- Response to Arson Reward Fund R &F 79- 32. No 44 Sept 29 Y. Yafai- Various Correspondences -Re Complaints in Front of Store 1304 Jefferson (Mas) R &F 80- 33. Res 63 Sept 15 Reward Fund For East Side Firebombina R &F 81- 34. Res 110 Sept 1 Business Improvement Exemption Ordinance(except 1 st Resolve) R &F 82- 35. No 60 June 23 M. LoCurto- Property Maintenance Code Ch 341 -2 R &F 83- 36. No 42 Apr 14 SEAR- Proposed Buffalo Harbor Bridge R &F 84- 37. No 44 Apr 14 E. Loucks - Complaints Battaglia Construction R &F 85- 38. No 51 Apr 14 R. McCune & O- Oppose Expansion & Operation of Battaglia Construction R &F 86- 39. Res 90 Dec 26 Naming of New York Court House Lt Colonel Matt Urban Courthouse(Exc 1 sc & 2 " Res) ADOPT FROM THE MAYOR NO 1 2010 -2011 ANNUAL ACTION PLAN -YR 36 COMM DEV BLOCK GRANT Attached for Your Honorable Body's consideration, please find the City of Buffalo's 2010 -2011 Annual Action Plan in accordance with the allocation of funds set forth by the U.S. Dept. of Housing & Urban Development: Community Development Block Grant $16,091,522 HOME Investment Partnership Grant 5,081,876 Emergency Shelter Grant 706,910 Housing Opportunities for Persons with AIDS 521,962 New funding in the amount of $1,097,994 is provided to improve city parks and recreational centers in some of the city's neediest neighborhoods, thereby improving the quality of life for residents living in the surrounding neighborhoods. With the return of these parks and recreational centers from the county, numerous needed improvements have been identified. This budget reflects my administration's commitment to neighborhood revitalization and stabilization by increasing housing rehabilitation and demolition from $3,791,607 to $5,788,674. This funding is necessary to offset funding losses with the expiration of New York State's RESTORE NY program, which has provided approximately $20 million to the city for demolitions and rehabs over a three -year period. This will support keeping the city on track to meet the goals of the Mayor's "5 in 5" plan for 500 rehabs and 5,000 demolitions within five years. In addition, critical human service funding for community group delivery programs, that combat poverty and increase the quality of life for all, is provided in the sum of $2,413,728. The city is implementing a variety of reforms to expedite its contracting process with funded community groups and improve compliance with the requirements of the Federal Department of Housing and Urban Development (HUD). The application and requirements for presenting agency budgets has been streamlined and administrative changes have been implemented to expedite necessary approvals. With an ongoing review of the Buffalo Economic Renaissance Corporation underway, economic development funding is provided in a form that will assure flexibility in programmatic uses until the results of this review are completed. Program administration has been reduced by 16 %. Pursuant to HUD's citizen participation requirements and the requirements for presenting agency budgets, the City's 2010 -2011 Annual Action Plan has been developed in consultation with Erie County and New York State representatives as well as public and private agencies that provide housing assistance, health services, fair housing, and social services. The Annual Action Plan is also designed to carry out the objectives in the City's approved 2008 -2012 Consolidated Plan. Copy available for review in the City Clerks Office REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO2 APPT MEMBER BUFFALO ENVIRONMENTAL MANAGEMENT COMMISSION (ROBINSON) Pursuant to Article 18 -52 of the City of Buffalo Charter, I hereby appoint Arthur Robinson, 192 Maurice Street, Buffalo, New York, 14210 to serve as a member of the Buffalo Environmental Management Commission for a 2 -year term, commencing immediately and expiring December 31, 2012. 1 hereby certify that the above named individual is fully qualified to serve as member of the Buffalo Environmental Management Commission. RECEIVED AND FILED FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE OFFICE OF CITIZEN SERVICES NO3 CITY SERV- SUBMISSION OF MONTHLY REPORT DECEMBER 2009 The Office of Mayor, Division of Citizen Services, hereby submits, for your Honorable Body's review and approval, the monthly reports for the Mayor's Call and Resolution Center for the month of December 2009, as mandated by Section 6 -20(c) of the City of Buffalo's City Charter. This monthly statistical report details the number and nature of inquiries, requests and complaints received. Copy available for review in the City Clerks Office RECEIVED AND FILED FROM THE OFFICE OF STRATEGIC PLANNING N04 PERMISSION TO DESIGNATE REDEVELOPER SOUTH BUFFALO CHARTER SCHOOL NEVILLY COURT — 3.5 ACRES The Office of Strategic Planning, Division of Real Estate, has received a letter from Steven Dietz, Business Administrator for the South Buffalo Charter School, requesting to be designated as Redeveloper of 3.5 -acre site of Nevilly Court, a vacant seven (7) acre parcel of land owned by the City of Buffalo in South Buffalo. The South Buffalo Charter School is currently located at 2219 South Park Avenue, and has a total enrollment of 665 students in grades kindergarten through eighth grade. South Buffalo Charter School is proposing to construct a 50,000 sq.ft, building for additional students in grades five through eight. The new school facility and expansion will benefit 300 -375 students or 275 families that reside in the South Buffalo neighborhood. The facility will house classrooms, an auditorium, gymnasium, library, cafeteria as well as other spaces associated with a school. The Charter School is willing to work with the City of Buffalo and other interested parties in a design exercise which would result in a rational sub - division of the site. They would be willing to pay for and lead this design exercise or participate in and contribute financially to the City's performance of the work. I therefore respectfully request that Your Honorable Body designate South Buffalo Charter School and or corporation, partnership, or other legal entity to be formed as Redeveloper of the subject property for a period of six months subject to the following conditions: a. Submission by the Redeveloper of a detailed site plan, for review and approval by the City of Buffalo Planning Board (if necessary) and construction plans, including landscaping, for review by the City and a breakdown of estimated total project costs. b. Submission of a colored rendering of the project suitable for presentation to the City Common Council which shall be submitted prior to the Common Council approval of a Land Disposition Agreement (LDA). c. Submission by the Redeveloper of evidence of equity capital and mortgage financing necessary for the completion of the project which shall be submitted prior to closing. d. Payment of a designation fee of Five Hundred Dollars ($500.00) per month by Redeveloper to the City, payable within five (5) days from the date of designation and due thereafter the first day of every month. In the event Redeveloper shall exercise its option to acquire said property pursuant to the Land Disposition Agreement (LDA) to be negotiated by Redeveloper and the City, said fee shall be applied as a credit towards the purchase price. In the event Redeveloper shall not proceed with the redevelopment of the property within the designation period, Redeveloper shall forfeit all fees paid on account and the City shall retain all such fees. e. Redeveloper is responsible for performing any soil borings and soil investigations, as per a license agreement to be granted by the City, for the purpose of determining, to developer's satisfaction, the suitability of the site for its intended use, and the presence or absence of hazardous substances as such term is used in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended (C.E.R.C.L.A) 42 USC ss 9601 et seq.: The Hazardous Materials Transportation Act, as amended, 49 USC ss 1801 et seq.: The Resource Conservation and Recovery Act, as Environmental Conservation Law or any other federal, state, or local law, regulation, rule, ordinance, by -law, policy guidance, procedure, interpretation, decision, order, or directive, whether existing as of the date hereof, previously enforced or subsequently enacted. f. The successful negotiation of a Land Disposition Agreement for approval by the Common Council by no later than six months from the date the Common Council approves the designation. The purchase price shall be negotiated based upon a real estate appraisal to be obtained and paid for by the purchaser. g. Upon signing of LDA, payment by the Redeveloper to the City of a non - refundable deposit, in the amount of ten percent (10 %) of the agreed to selling price. h. Individuals and or corporations having outstanding taxes, water bills, parking tickets, user fee and /or demolition liens or any other liens owned to the City of Buffalo, or if code violations exist on any property owned by them they are ineligible for designation. i. The Redeveloper will be required to provide monthly progress reports with the above mentioned requirements to the Office of Strategic Planning, Division of Real Estate. The City of Buffalo may terminate this designation should the Redeveloper fail to meet any of the conditions set forth above. Should the City elect to terminate this designation on or before the end of the designation period for failure by Redeveloper to comply with the above conditions, the City will give written notice to the Redeveloper via certified mail and allow Redeveloper two (2) weeks to cure. This designation will expire six (6) months from the date the Common Council approves the designation. I am requesting that your Honorable Body approve the designation of South Buffalo Charter School as the Redeveloper of the property known as Nevilly Court upon the above terms and conditions; authorize the Executive Director of the Office of Strategic Planning to prepare the necessary agreements for the redevelopment of Nevilly Court, and forward to the Common Council for final approval of agreements for the transfer of title. DEPARTMENT HEAD NAME: REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT N06 PERMISSION TO DESIGNATE REDEVELOPER MLK BLOCK CLUB ASSOCIATION 1628 FILLMORE The Office of Strategic Planning, Division of Real Estate, has received a request from Rita Gray, President of MLK Block Club Association, Inc. requesting to be designated as Redeveloper of 1628 Fillmore Avenue, a vacant 2,220 sq.ft, downtown row -type building. The MLK Block Club, a 501 c3 community based organization, has been in existence for six years. Their mission is to raise the economic, educational, and social levels as well as to enhance the quality of life of residents comprised of the MLK geographic area especially those who are low income or otherwise disadvantaged. One of the priorities of the community is to address the issue of housing. To address the quality of life issues within the community, the Block Club is in need of office space. The Block Club s proposing to acquire and rehab the vacant building for office space and community use. Total project costs are estimated at One Hundred Ninety Two Thousand Five Hundred Dollars ($192,500.00). New York State Senator Antoine Thompson has designated Fifteen Thousand Dollars ($15 000) towards the project and they are apply for Two Hundred Thousand Dollars ($200 000) from the Division of Housing and Community Redevelopment Urban Initiative Program to assist in the acquisition and rehabilitation of the property. I therefore respectfully request that Your Honorable Body designate MLK Block Club Association and or corporation partnership, or other legal entity to be formed as Redeveloper of the subject property for a period of six months subject to the following conditions: a. Submission by the Redeveloper of a detailed site plan, for approval by the City of Buffalo Planning Board (if necessary) and construction plans, including landscaping, for review by the City and a breakdown of estimated total project costs. b. Submission of a colored rendering of the property suitable for presentation to the City Common Council which shall be submitted prior to the Common Council approval of a Land Disposition Agreement (LDA). C. Submission by the Redeveloper of evidence of equity capital and mortgage financing necessary for the completion of the project which shall be submitted prior to closing. d. Payment of a designation fee of One Hundred Dollars ($100.00) per month by Redeveloper to the City, payable within five (5) days from the date of designation and due thereafter the first day of every month. In the event Redeveloper shall exercise its option to acquire said property pursuant to the Land Disposition Agreement (LDA) to be negotiated by Redeveloper and the City, said option fee shall be applied as a credit towards the purchase price. In the event Redeveloper shall not proceed with the redevelopment of the property w thin the designation period Redeveloper shall forfeit all monies paid on account and the City shall retain all such monies. e. Redeveloper is responsible for performing any soil borings and soil investigations, as per a license agreement to be granted by the City, for the purpose of determining, to developer's satisfaction, the suitability of the site for its intended use, and the presence or absence of hazardous substances as such term is used in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended (C.E.R.C.LA) 42 USC ss 9601 et seq.: The Hazardous Materials Transportation Act, as amended, 49 USC ss 1801 et seq.: The Resource Conservation and Recovery Act, as Environmental Conservation Law or any other federal, state, or local law, regulation rue ordnance, by -law, policy guidance procedure, interpretation, decision, order, or directive, whether existing as of the date hereof, previously enforced or subsequently enacted. f. The successful negotiation of a Land Disposition Agreement for approval by the Common Council by no later than six months from the date the Common Council approves the designation. The purchase price shall be negotiated based upon a real estate appraisal to be obtained and paid for by the purchaser. g. Upon signing of LDA, payment by the Redeveloper to the City of a non - refundable deposit, in the amount of ten percent (10 %) of the agreed to selling price. h. Individuals and or corporations having outstanding taxes, water bills, parking tickets, user fee and /or demolition liens or any other liens owned to the City of Buffalo, or if code violations exist on any property owned by them they are ineligible for designation. The City of Buffalo may terminate this designation should the Redeveloper fail to meet any of the conditions set forth above. Should the City elect to term hate this designation on or before the end of the designation period for failure by Redeveloper to comply with the above conditions, the City will give written notice to the Redeveloper via certified mail and allow Redeveloper two (2) weeks to cure. This designation will expire six (6) months from the date the Common Council approves the designation. I am requesting that your Honorable Body approve the designation of MLK Block Club Association, Inc. as the Redeveloper of 1628 Fillmore upon the above terms and conditions; authorize the Executive Director of the Office of Strategic Planning to prepare the necessary agreements for the redevelopment of 1628 Fillmore, and forward to the Common Council for final approval of agreements for the transfer of title. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT N06 REPORT OF SALE1007 BURGARD, 70.26'S HAZEL LOT SIZE: 30'X 130' (LOV) The Office of Strategic Planning, Division of Real Estate has received a request from Ms. Susan Holmes, 95 Hazel Street, Buffalo, New York 14211 and Mr. Odell Holmes, 63 Godfrey Street, Buffalo, New York 14215 to purchase a portion of 107 Burgard, 30'x 65' each. Ms. Susan Holmes owns and resides at 95 Hazel, which is adjacent to 107 Burgard. Mr. Odell Holmes owns a one family house at 91 Hazel, which is adjacent to 107 Burgard. They both intend to use their specified portion of the vacant lot as additional green space. The northerly portion of 107 Burgard, 30'x 65' will be deeded to Ms. Susan Holmes of 95 Hazel. The southerly portion of 107 Burgard, 30'x 65' will be deeded Mr. Odell Holmes of 63 Godfrey. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchasers. The Division of Real Estate has investigated the sale of similar lots in the subject area. Sales range from Twenty Cents ($.20) to Sixty Cents ($.60), per square foot. Ms. Susan Holmes has agreed and is prepared to pay Eight Hundred Dollars ($800.00), Forty -One Cents ($.41) per square foot for the northerly portion of the subject property. Mr. Odell Holmes has agreed and is prepared to pay Eight Hundred Dollars ($800.00), Forty -One Cents ($.41) per square foot for the southerly portion of the subject property. They have also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of northerly portion of 107 Burgard to Ms. Susan Holmes and the southerly portion of 107 Burgard to Mr. Odell Holmes in the amount of Eight Hundred Dollars ($800.00) for each portion of the subject property. I am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT N07 REPORT OF SALE 162 MAPLE, 177.50' N VIRGINIA LOT SIZE: 30'X 100' ASSESSED VALUATION: $1,600.00 (ELLICOTT DISTRICT) The Office of Strategic Planning, Division of Real Estate has received a request from Mrs. Patricia E. King, 166 Maple Street, Buffalo, New York 14204 to purchase 162 Maple. Mrs. King owns and resides at 166 Maple, which is adjacent to 162 Maple. She intends to use the vacant lot for additional green space. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. The Division of Real Estate has investigated the sale of similar lots in the subject area. Sales range from Fifty Cents ($.50) to One Dollar ($1.00), per square foot. Mrs. King has agreed and is prepared to pay One Thousand Five Hundred Dollars ($1,500.00), Fifty Cents ($50) per square foot for the subject property. She has also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 162 Maple to Mrs. Patricia King in the amount of One Thousand Five Hundred Dollars ($1,500.00). 1 am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT N08 REPORT OF SALE 96 OXFORD, 30'N BALCOM LOT SIZE: 40'X 120' (DELAWARE) Assessed Valuation: Land $4,000.00 Improvement: $8,000.00 Total $12,OOQ.00 (Delaware District) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Glenn D. Reid, 6363 Lake Avenue, Orchard Park, New York 14127 to purchase 96 Oxford Street. Mr. Reid intends to renovate the dwelling and use for rental income. The estimated cost of renovations is Twenty Seven Thousand Two Hundred Dollars ($27,200.00). He has provided proof of financial ability to complete the purchase and repair of the property. The property consists of 4,178 square feet, two and one half story frame, two family dwelling in poor condition situated on a lot 40' x 120'. The property was acquired by the City through In Rem #41 in October 2007. There have been no other serious offers for the property, since being acquired by the City. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. The purchaser has commissioned Pamela S. Breidenstein, real estate appraiser to estimate the fair market value of the subject property. The appraiser has estimated the value of 96 Oxford to be Ten Thousand Dollars ($10,000.00). The Division of Real Estate has reviewed the appraisal report and concurs with the appraisers' estimate of value. Mr. Glenn Reid has agreed and is prepared to pay Ten Thousand Dollars ($10,000.00). He has also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 96 Oxford Street to Mr. Glenn Reid in the amount of Ten Thousand Dollars ($10,000.00). 1 am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT FROM THE PRESIDENT OF THE COUNCIL N09 CHANGES TO COMMON COUNCIL COMMITTEES To: All Common Council Members Attn: Gerald Chwalinski, City Clerk Re: Changes to Common Council Committees Please be informed that, pursuant to section 3 -13 of the City of Buffalo, NY Charter ( "President of the Common Council; Powers and Duties ") and Rule 3 ( "Regular Committees ") of the Rules of Order of the Common Council of the City of Buffalo For The Years 2009- 2010, 1 hereby make removals and appointments to the following Common Council Committees: Committee on Civil Service Position Removed Appointed: Effective Date: Member N/A Curtis Haynes, Jr. 1/19/10 Committee on Finance: Position Removed Appointed: Effective Date: Member Demone A. Smith Curtis Haynes, Jr. 1/19/10 Committee on Legislation: Position Removed Appointed: Effective Date: Member Bonnie E. Russell Curtis Haynes, Jr. 1/19/10 Subcommittee on Taxicabs and Liveries: Position Removed Appointed: Effective Date: Member Bonnie E. Russell Curtis Haynes, Jr. 1/19/10 Special Committee on Education: Position Removed Appointed: Effective Date: Member Michael P. Kearns Curtis Haynes, Jr. 1/19/10 Special Committee on Minority Business Enterprise: Position Removed Appointed: Effective Date: Member David A. Rivera Curtis Haynes, Jr. 1/19/10 Special Committee on Parks Position Removed Appointed: Effective Date: Member Joseph Golombek JrCurtis Haynes, Jr. 1/19/10 Special Committee on Police Oversight: Position Removed Appointed: Effective Date: Member Richard A. Fontana Curtis Haynes, Jr. 1/19/10 The above changes are effective immediately. Respectfully, David A. Franczyk Common Council President Fillmore District Council Member RECEIVED AND FILED FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO 10 CREATE POSITION OF RECYCLING COORDINATOR The City of Buffalo Department of Public Works, Parks and Streets will create the position Recycling Coordinator under the Sanitation Enterprise Fund and that the City shall fund this position for the remainder of the 2009 -2010 budget year. For the last six years, the City of Buffalo and Erie County jointly participated in a New York State Department of Environmental Conservation (NYSDEC) Grant allowing the County to hire a Recycling Coordinator for the City of Buffalo. The grant will be expiring on December 31, 2009 and the City will need to have a Recycling Coordinator to continue coordination of an effective recycling program. Funds for this position will come from monies dedicated to recycling outreach and education as written in the contract with Allied Waste. These funds were used to provide the local match of the expiring NYSDEC grants. Therefore be it resolved, the City of Buffalo is authorized to create the position of Recycling Coordinator and allow for the transfer of up to $38,000.00 from the Sanitation Enterprise Fund, Recycling Education Fund: 52510030 334101 10364. Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated January 14, 2010, he received and filed; and That the Common Council be and they hereby are authorized to create the position of Recycling Coordinator and authorizes the Comptroller to transfer up to $38,000.00 from the Sanitation Enterprise Fund, Recycling Education Fund: 52510030 334101 01364. PASSED AYES -9 NOES -0 NO 11 ELLICOTT STREET GATEWAY PROJECT TWO ADDITIONAL POTENTIAL PARCELS ELLICOTT DISTRICT BUFFALO NIAGARA MEDICAL CAMPUS Prior Council Reference:(Item 32, CCP 2/21/06, Item 71, CCP 4/01/08 and Item 27, CCP 9/01/09) The Department of Public Works, Parks and Streets has played a central role in facilitating the Ellicott Street Gateway Project (the "Project ") over the last three years. The Project is being funded in part by Federal Highway Administration (FHWA) to the extent of up to approximately $4,000,000 and in part by Federal Transit Authority (FTA) to the extent of up to approximately $2,400,000. Of the foregoing amounts, the City's local share is to be approximately $200,000 and $240,000 respectively. The Project involves significant improvement, upgrades and beautification of Ellicott Street in the area of the Buffalo Niagara Medical Campus with an emphasis upon improved vehicular traffic flow as well as (expanded passive and recreational) pedestrian use. In September of 2009 Your Honorable Body took steps to facilitate the Project generally and in particular the pedestrian and recreational component of the Project planned for easement /license areas being provided for the Project to the City and Buffalo Niagara Medical Campus, Inc ( "BNMC') by certain Ellicott Street medical campus stakeholder /property owners such as: 1. Kaleida Health 2. Buffalo Medical Group 3. Kevin Walk Corporation 4. Roswell Park Cancer Institute (and /or People of the State of New York and /or New York State Department of Health) 5. Oak Michigan Housing Development 6. 589 Ellicott Street, LLC Now, if funding and Project resources are available as determined by the City's Project managers after review of the Project pricing, relevant bids and other factors, two additional pedestrian and recreational component easement areas are being contemplated as part of the Project as follows: 1. Part of Property of Roswell Park Cancer Institute Corporation (part of tax parcel No. 111.23 -2- 1.12), and 2. Part of Property of Hauptman - Woodward Medical Research Institute, Inc. (part of tax parcel 111.23 -2 -30) In order to facilitate the possible inclusion of the above referenced two additional parcels (the "Two Additional Parcels ") in the Project, the Department is requesting that Your Honorable Body adopt and pass the attached Resolution in order to authorize the agreements and arrangements necessary in order to include the said Two Additional Parcels in the Project if possible, and to further facilitate the Project and the related FHWA /FTA funding as well as other funding and to actually bid out and implement the management and construction of the Project as expanded by the Two Additional Parcels. Any actual construction contracts will be brought to the Common Council (and BFSA as appropriate) for approval as the Project progresses. REFERRED TO THE COMMITTEE ON LEGISLATION NO 12 PERMISSION TO ENGAGE SERVICES OF CONSULTING ENGINEER RESIDENTIAL METERING PROGRAM I respectfully request that Your Honorable Body authorize the Department of Public Works, Parks and Streets to grant permission to hire a consultant to provide engineering services for the next phase of the metering program. This includes assisting with the management of the meter supply contract including review of payment applications, monthly meetings to discuss status, and coordinating with NYSDEC on the status and implementation of the program. The costs for consulting services are estimated not to exceed $100,000.00. The funds are available in a Division of Water accounts 53008207 470001 and 53023517 473020. REFERRED TO THE COMMITTEE ON FINANCE NO 13 PERMISSION TO ENTER INTO AGREEMENT WITH NYSDOT AND PROVIDE MATCHING FUNDS PORTER AVENUE RESURFACING PROJECT- PIN 6766.29 NIAGARA DISTRICT Permission is requested from Your Honorable Body to authorizing the Mayor to enter into all necessary agreements with the New York State Department of Transportation ( NYSDOT) for advancing the preliminary Engineering (Design I -VI), Construction and Construction Inspection phases of the project related to reconstruction of the Porter Avenue from Niagara Street to the Amvets Drive. In addition, permission is requested for the City to pay in the first instance 100% of the Federal and Non - Federal shares of the necessary total costs of the project phases. City share of total project costs in less than 18 %. Total Proiect Cost Federal share State Marchiselli Aid NYS Dept of State -Grant City Share $2,480,000 $1,850,000 $37,500 $150,000 $442,500 Funds for the project are available in our Capital project Account for the Local Match of the Federal Highway projects. Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated January 12, 2010 be received and filed and That the Mayor be, and he hereby is authorized to enter into all necessary agreements with the New York State Department of Transportation for advancing the preliminary Engineering (Design I -VI), Construction and Construction Inspection phases of the project related to reconstruction of Porter Avenue from Niagara Street to Amvets Drive, P1 N 5756.29. Funds for this project are available in a Capital Project Account for the Local Match of the Federal Highway projects. PASSED AYES -9 NOES -0 NO 14 REPORT OF BIDS BROADWAY MARKET - BOILER REPLACEMENT (FILL) I advertised for on December 21, 2009, and received the following formal sealed bids for the Broadway Market, Boiler Replacement, which were publicly opened and read on January 12, 2010. John W. Danforth Co. $167,900.00 300 Colvin Woods, Tonawanda NY O'Connor Mechanical $172,900.00 9155 Main, Clarence, NY Hoot Mechanical & Electrical $198,500.00 20 Short St., Lockport NY MLP Plumbing & Mechanical $243,400,00 3198 Union, Cheektowaga NY I hereby certify that the foregoing is a true and correct statement of all bids received and that John W. Danforth Co., with a bid of One Hundred Sixty Seven Thousand Nine Hundred and 00/100 Dollars ($167,900.00) is the lowest responsible bidder in accordance with the plans and specifications. I recommend that Your Honorable Body authorize the Commissioner of Public Parks, Parks & Streets to order the work on the basis of the low bid. Funding for this project is available in 32320106 445100 - Buildings. Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated January 12, 2010, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to award a contract for the Broadway Market, Boiler Replacement, Job #0970 to John W. Danforth Co., the lowest responsible bidder, in the amount of $167,900.00. Funds for the project are available in 32320106 445100 - Buildings. PASSED AYES -9 NOES -0 NO 16 REPORT OF BIDS - PORTER AVE RESURFACING PROJECT (NIA) This is to advise your Honorable Body that I have advertised for and received bids on January 6, 2010 for Porter Avenue Resurfacing project between Niagara Street and Amvets Drive. The objectives of this project are to enhance Porter Avenue with streetscape features and appropriate roadway improvements., including paving roadway, new sidewalk, drainage system, landscape treatments and new street lighting, The following bids were received for the Project: 1- Destro Brothers Concrete Company, Inc. $1,348,612.25 2 -Man O' Trees $1,483,000.00 3 -Mark Cerrone Inc. $1,489,724.00 4 -Don Braasch Inc. $1,533,106.00 5 -North America Construction $1,610,256.21' 'Adjusted total Engineer's Estimate: $1,394,112.75 1 hereby certify that the lowest responsible bidders is Destro Brothers. Also, I respectfully recommend that your Honorable Body authorize a contract award in the amount of $1,483,473.48 (Base Bid $1,348,612.25+ a $134,861.23- 10% Unit bid increase = $1,483,473.48). This Project is Funded by FHWA, New York State and the City of Buffalo as part of local Transportation Improvement Program (T.I.P.) and City of Buffalo's share of construction cost is about 8.25 %. Funds for this project will be available in capital project Account established specifically for this project. Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated January 12, 2010, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to award a contract for the Porter Avenue Resurfacing Project, PIN 575629 to Destro Brothers, the lowest responsible bidder, in the amount of $1,483.473.48 (Base Bid $1,348,612.25 + a $134,861.23- 10% Unit bid increase = $1,483,473.48). Funds for the project are available in a capital project account established specifically for this project. PASSED AYES -9 NOES -0 NO. 16 REPORT OF BIDS REPAIR OF STREETLIGHT FOUNDATIONS AND KNOCKDOWNS CITYWIDE VIII GROUP #705 This is to advise Your Honorable Body that I have advertised and received bids on January 6, 2010 The following bids were received: Contractor Base Bid Total Bid Price South Buffalo Electric, Inc $132,110.00 $138,715.50 1250 Broadway Street Buffalo, NY 14212 CATCO $150,390.00 $157,909.50 1266 Townline Rd Alden, NY 14004 Spoth Enterprises, Inc. $197,565.00 $207,443.25 8746 Lakeshore Road Angola, NY 14006 1 hereby certify that the lowest responsible bidder for the above project is South Buffalo Electric and I respectfully recommend that Your Honorable Body authorize a contract award to South Buffalo Electric in the amount of $138,715.50. (Base Bid of$132,110.00 + [5% unit price increases] $6,605.50 equals [Total Award] $138,715.50). Funds for this project are available in our Streetlight Road Repair Account 13116006- 443100. The engineer's estimate for this work is $200,000.00. Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated January 13, 2010, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to award a contract for the Repair of Street fight Foundations and Knockdowns Citywide VIII, Group #705, to South Buffalo Electric, the lowest responsible bidder, in the amount of $138,715.50 (Base Bid of $132,110.00 + [5% unit price increases] $6,605.50 equals [Total Award] $138,715.50). Funds for the project are available in Streetlight Rod Repair Account 13116006 -443 100 PASSED AYES -9 NOES -0 FROM THE COMMISSIONER OF POLICE NO. 17 ACCEPTANCE OF REIMBURSEMENT FUNDS FROM COUNTY OF ERIE'S 4 STOP DWI PROGRAM FOR TOTAL STATION EQUIPMENT The Buffalo Police Department is respectfully requesting authorization for the Mayor to accept $10,000 in reimbursement funding for a total crash stations, which is survey scene equipment that will be utilized for accident reconstruction when there are critical accidents /crash sites especially those involving alcohol (other drugs). The equipment's total cost is $12,504.62, of which the additional $2,504.62 will be covered by the Police Department's drug asset forfeiture seizure funds, which is an allowable expenditure, and therefore, there is no cause to the City of Buffalo for this equipment. Currently, when our Department needs no have crash sites evaluated, we have to borrow equipment from another Department that has it (i.e., Buffalo State, suburban police agencies). It is important to have state -of- the -art equipment as we work to strengthen our Police Officers abilities to investigate DWI related accidents /deaths so that we can build strong evidence against those motorists who have caused serious injuries and fatalities because they drove while drunk and or under the influence. If you have any questions, please contact Captain Mark Makowski or Maureen Oakley of our Grants Section at 851 -4475. Your attention to this manner is greatly appreciated, thank you. Mr. Fontana moved: That the above communication from the Commissioner of Police dated January 14, 2010, be received and filed; and That the Mayor be and he hereby is authorized to accept $10,000 in reimbursement from the County of Erie's STOP DWI Program for Total Station Equipment. PASSED AYES -9 NOES -0 FROM THE COMMISSIONER OF FIRE NO. 18 PURCHASE OF FIRE DEPARTMENT APPARATUS The Buffalo Fire Department has secured $1,971,800 in 2009 capital funding and is requesting permission to purchase new apparatus. We will be purchasing two (2) pumpers with hose and one (1) mid -mount truck. Bids were secured and we are requesting approval to purchase the apparatus from the lowest responsible bidder who meet our specifications; Fire Equipment Sales and Services the vendor for Crimson Fire apparatus. Due to the length of time it takes to build fire apparatus, it is imperative that we proceed as quick as possible. Mr. Fontana moved That the Department of Fire, by and through its Commissioner, is hereby authorized to Purchase two pumpers and one mid -mount truck from Crimson Fire in an amount not to exceed $1,971,800 from 2009 Capital Budget Funding. PASSED AYES -9 NOES -0 FROM THE CORPORATION COUNSEL NO. 19 CLAIMS COMMITTEE MEETING WEDNESDAY, JANUARY 27, 2010 HON. DAVID A. RIVERA, CHAIRPERSON AGENDA Personal Iniury A. 1. Tara Belin $25,000.00 A. 2. Denise Burnett $75,000.00 A. 3. Rachelle Cammillerie $30,000.00 A. 4. Nancy Loffredo $20,000.00 A. 5. Brittney Murphy $15,000.00 A. 6. Angeline McKinney PNG Sydney Holloway $49,500.00 A. 7. Nico Witherspoon $ 2,000.00 A. 8. Craig Witherspoon $ 2,000.00 A. 9. Ciara Witherspoon $ 2,000.00 A. 10. John Stronka $35,000.00 A. 11. Carlos Ramos $15,000.00 Property Damaae B. 1. Dino Adams $ 1,075.00 B. 2. Charles Bethea $ 310.16 B. 3. Josephine Calandra $ 485.00 B. 4. Robert Crawford $ 915.58 B. 5. Patricia Leggs & Shawn Long Jr. $ 321.90 B. 6. Catherine McNamara $ 181.75 B. 7. NY Central Mutual Ins. a /s /o Yvonne Antonetti $ 2,163.25 B. 8. NY Central Mutual Ins. a /s /o John & Alyson Wienclawski $ 368.78 B. 9. Cheila Quinonez $ 4,670.68 B. 10. Jason Ramos $ 625.00 B. 11. Desiree Reid $ 617.48 B. 12. Rose VanKerkhoven $ 104.70 Miscellaneous Reimbursement C. 1. Ashlee Amoia $ 250.00 C. 2. Douglas Klotzbach $ .75 C. 3. Michael Mazgajewski $ 2.00 C. 4. Jeremy Valentine $ 623.00 Miscellaneous Invoices D. 1. Buffalo Small Animal Hospital $ 8,522.00 D. 2. Chem -Aqua $ 602.33 D. 3. Chudy Paper Company $ 81.29 D. 4. Colgate Heating $ 12,770.67 D. 5. DCB Elevator $ 8,541.71 D. 6. Geiter Done of WNY Inc. $ 1,000.00 D. 7. Geiter Done of WNY Inc. $ 4,011.00 D. 8. Geiter Done of WNY Inc. $ 2,000.00 D. 9. Hamburg Overhead Door $ 1,973.00 D. 10. IBM Corporation $ 87,256.87 D. 11. JMD Environmental Inc. $ 1,255.00 D. 12. McKays Clothing and Embroidery $ 148.72 D. 13. Paradigm Environmental Inc. $ 16,335.00 D. 14. Upper NYS Environmental $ 39,289.00 D. 15. Zenger Group $ 1,244.34 D. 16. Zenger Group $ 1,424.50 Miscellaneous E. 1. Kevin Redanz $ 235,000.00 E. 2. Sadeq Ahmed as Executor for Warith Habib Abdal $1,200,000.00 REFERRED TO THE COMMITTEE ON CLAIMS FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT & INSPECTION SERVICES NO. 20 FOOD STORE LICENSE (NEW) 1305 BROADWAY (FILLMORE) Pursuant to Chapter i94 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 1305 Broadway (Broadway Convenience) 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. 21 FOOD STORE (NEW) 302 GRANT (NIAGARA) Pursuant to Chapter i94 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 302 Grant (Grant & Delavan Family 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 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. 22 FOOD STORE (NEW) 2042 SOUTH PARK (SOUTH) 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 2042 South Park (Shop 4 Less) 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. 23 FOOD STORE (NEW) 2082 SOUTH PARK (SOUTH) 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 2082 South Park (Nadeem's Grocery & 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. 24 FOOD STORE LICENSE RENEWALS Pursuant to Chapter 194 of the City of Buffalo Ordinances, specifically section 194 -7.1 "Procedure governing license renewals ", attached, please find a list of all Food Stores expiring on April 1, 2010. As per Chapter 194 -7.1 On or before the first day of May, the Common Council shall notify this department, in writing, each license it believes requires further investigation by the Department prior to the license being renewed. Additionally, the Common Council shall also forward to this department, any and all information it deems pertinent to the investigation of the licensee. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 25 INCREASE CONTRACT AMOUNT, 300 MANHATTAN AVE INCREASE CONTRACT AMOUNT 602 FOURTH STREET INCREASE AND EXTEND PARADIGM ASBESTOS SURVEY CONTRACT INCREASE AND EXTEND JMD AIR AND PROJECT MONITORING SERVICES I would like to request of your Honorable body approval to increase the contract amount for the demolition of 300 Manhattan. The Increase of the contract amount for the demolition of 602 Fourth Street, The increase and extension of the Paradigm Demolition Asbestos Survey Contract. The increase and extension of the Paradigm Bulk Sampling Contract. The increase and extension of the JMD Air and Project monitoring Air and Project monitoring Services Contract. Increase Contract Number 93000199 with Titan Wreckling for the demolition of 300 Manhattan Avenue in the amount of Ninety -nine thousand six hundred twenty dollars ($99,620.00) from Two hundred sixty thousand two hundred eleven dollars ($260,211.00) for a new total of Three hundred fifty -nine thousand eight hundred thirty one dollars ($359,831.00). Additional amount is to be funded from Account 31680006- 445100. This job is complete and will be closed out upon final payment. Increase Contract Number 93000207 with Geiter Done Demolition for the demolition of 602 Fourth in the amount of Two hundred nineteen thousand one hundred forty two dollars ($219,142.00) from Five hundred twenty -eight thousand dollars ($528,000.00) for a new total of Seven hundred forty -seven thousand one hundred forty -two dollars ($747,142.00) the additional amount of Two hundred nineteen thousand one hundred forty two dollars ($219,142.00) to be funded form Account Number 38072706 - 445100. This job is complete and will be closed out upon final payment. Increase and extend Contract Number 9300218 with Paradigm Environmental Services for Pre Demolition Asbestos Surveys as required by New York State Law. The current contract is funded through January 15, 2010 for Five hundred gory seven thousand nine hundred fifty dollars ($547,950.00). We wish to extend Contact Number 93000218 with Paradigm Environmental Services for pre - demolition asbestos surveys to and through January 15,2011 in the amount of Five hundred forty -seven thousand nine hundred fifty dollars ($547,950.00). The additional amount is to be funded from Account number 38072706 - 445100. Increase and extend Contract Number 93000246 with Paradigm Environmental Services for Abestos Bulk Sampling. The current contract is valid through January 15, 2010. the original contract amount of Sixteen thousand eight hundred dollars ($16,800.00) was previously increased Thirty -three thousand one hundred dollars ($33,100.00) to a current contract amount of Forty -nine thousand dollars ($49,000.00). We have a current negative balance of Thirty -six thousand five hundred forty -nine dollars ($36,549.00). We are requesting the current contract be increased in the amount of Thirty -six thousand five hundred forty -nine dollars ($36,549.00) the new contract total will be Eighty -six thousand four hundred forty -nine dollars ($86,449.00). The additional amount is to be funded from Account number 38072706 - 445100. In addition, we wish to extend the contract to and through January 15, 2011 in the amount of Eighty -six thousand four hundred forty -nine dollars ($86,449.00) this contract extension amount is to be funded from Account number 38072706 - 445100 Increase and extend Contract Number 93000248 with JMD Environmental Inc. for Project Monitoring Services. The current contract is funded through February 18, 2010. The original contract amount of Seven hundred ninety -one thousand six hundred dollars ($791,600.00) the current balance as of this writing is approximately Three hundred seventy -five thousand dollars ($375,000.00) We wish to extend the contract to and through February 18, 2011 in the amount of Seven hundred ninety -one thousand six hundred ($791,600 00) this contract extension amount is to be funded from Account number 38072706 - 445100 REFERRED TO THE COMMITTEE ON FINANCE NO. 26 RESTAURANT DANCE CLASS IV 45 W. CHIPPEWA ST. (ELLICOTT) Pursuant to Chapter 150 of the City of Buffalo Ordinance please be advised that I have examined the attached application for a restaurant Dance Class IV Licenses located at 45 West Chippewa St. and find that as to form is correct. I have caused an investigation into the premises for which said application for a Restaurant Dance Class 1 V license is being sought and according to the attached reports from Zoning Office, Fire Department and Building Inspections, I find it complies with all regulations and other applicable laws. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 27 USED CAR DEALER 1531 NIAGARA ST. (NIAGARA) Pursuant to Chapter 254 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Used Car Dealer License located at 1531 Niagara St and find that as to form is correct. I have caused an investigation into the premises for which said application for a used car dealer license is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspections; I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of Robert Black & Aduan Aljaburi. The attached thereto for Robert Black &Adnan Aljaburi dba /Mr. Fixit Auto. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 28 USED CAR DEALER 1525 WILLIAM (LOVEJOY) Pursuant to Chapter 254 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Used Car Dealer License located at 1525 William and find that as to form is correct. I have caused an investigation into the premises for which said application for a used car dealer license is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspections; I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of Munadel Rizek. The attached thereto for Munadel Rizek dba Western Auto Sales. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION FROM THE BOARD OF EDUCATION NO. 29 SUPPORT NEIGHBORHOOD SCHOOLS # 88, 12/22/09 The Buffalo City School District acknowledges the concern of the Common Council regarding neighborhood schools. The Board of Education supports the concern; however, the matter is very complicated. The District currently offers "choice" to parent /students throughout the District. The District is Exploring the neighborhood concept and already has had several discussions on the issue. The District will keep the Council updated on the issue. The Council needs to understand that the parents /students are choosing the schools. REFERRED TO THE SPECIAL COMMITTEE ON EDUCATION BUFFALO URBAN RENEWAL AGENCY NO. 30 LEASE RENEWAL - 628 WASHINGTON CIURCZAK AND COMPANY Attached is a letter from Seneca Development and Management Corporation requesting to renew an existing lease between the Buffalo Urban Renewal Agency (BURA) and Ciurczak and Company. Seneca Development, on behalf of BURA, manages the Market Arcade Cinema Complex building at 643 Main Street. The building consists of 45,231 sq.ft, and the tenants include Dipson Theater, Bijou Grille, and three offices in the loft building facing Washington Street. Ciurczak and Company, an evaluation and consulting firm, occupies two of the three offices. Gary Ciurczak is principal and 100% owner of the company. They have been tenants in the building for five (5) hears and currently employ eleven (11). Their lease is up for renewal on January 31, 2010. Attached is a lease summary. Seneca Development is recommending a two (2) year lease renewal at a monthly rent of $1,975.00. This is an increase of 5.3% and is based on similar rents in the area. Permission is therefore requested for BURA to enter into a two (2) year lease with Ciurczak and Company, subject to BURA Legal council approval. Please be advised that in accordance with the provisions of Article 15A of the General Municipal Law, it is now necessary for your Honorable Body to set a date for a public hearing, and to direct the publication of a notice of said hearing. In the interest of time and anticipating that Your Honorable Body is willing to expedite this matter, I have taken the liberty to prepare a Resolution together with a Notice of Public Hearing for your action. Forwarded separately are the following documents: 1. Resolution setting Public Hearing 2. Notice of Public Hearing 3. Resolution approving proposed Lease Agreement After the Public Hearing is held, Your Honorable Body may adopt a Resolution authorizing the disposition of land. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT FROM THE BUFFALO ECONOMIC RENAISSANCE CORPORATION NO. 31 THE BUFFALO ECONOMIC RENAISSANCE CORPORATION SINGLE AUDIT REPORTING PACKAGE MAY 31, 2008 Item available for review in The City Clerk's Office REFERRED TO THE COMMITTEE ON FINANCE. FROM THE CITY CLERK NO. 32 ITEMS RETURNED BY MAYOR WITHOUT APPROVAL /DISAPPROVAL Item Returned to City Clerk by Mayor Without Approval or Disapproval I hereby inform you that the following Items which were passed by the Common Council on December 22, 2009 No 72, C.C.P. Dec 22, 2009 - Acquisition of 294 -302 Hudson Review by the CC (except 1 sc res) Were presented to the mayor on December 24, 2009 and returned to the City Clerk on January 4, 2010 without approval or disapproval RECEIVED AND FILED NO. 33 LEAVES OF ABSENCE WITHOUT PAY I transmit herewith notifications received by me, reporting the granting of the leaves of absence without pay, in the various departments as listed: Police- Thomas E. Wiesmore Corporation Counsel- Sabrina R. Bell RECEIVED AND FILED: NO. 34 REPORTS OF ATTENDANCE I transmit herewith communications received by me, from the various boards, commissions, agencies and authorities reporting the membership attendance at their respective meetings: X Buffalo Sewer Authority City Planning Board RECEIVED AND FILED. NO. 35 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 1/4/2010 in the Department of Public Works, Division of Engineering to the Position of Laborer II, Seasonal appointment at the flat salary of $11.57/hr Anthony Rose, 250 Shirley Ave, Buffalo, NY 14215 CERTIFICATE OF APPOINTMENT Appointment effective 1/6/2010 in the Department of Public Works, Division of Engineering to the Position of Laborer II, Seasonal appointment at the flat salary of $11.57/hr Adam Machin, 42 Eckhert St, Buffalo, NY 14207 NO. 36 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 12/24/2009 in the Department of Public Works, Parks & Streets, Division of Buildings to the Position of Senior First Class Stationary Engineer, Temporary appointment at the flat starting salary of $15.00 /hr Stephen Makula, 400 Linden Avenue, Buffalo, NY 14216 CERTIFICATE OF APPOINTMENT Appointment Effective 01/06/2010 in the Department of Public Works, Parks & Streets, Division of Buildings to the Position of Senior First Class Stationary Engineer, Temporary appointment at the flat starting salary of $15.00 /hr Cherie Ciaudella, 2219 Bailey Avenue, Buffalo, NY 14211 Brian Leonard, 34 Ward Court, Buffalo, NY 14220 CERTIFICATE OF APPOINTMENT Appointment Effective 12/31/2009 in the Department of Public Works, Parks and Streets, Division of Parks to the position of Motor Equipment Mechanic, Provisional Appointment at the Minimum Salary of $34,031 Gregory Falkner, 72 Y2 Ebenezer Drive, West Seneca, NY 14224 CERTIFICATE OF APPOINTMENT Appointment effective 1/05/2010 in the Department of Public Works, Division of Water to the position of Account Clerk Typist, Permanent, Non Competitive at the minimum salary of $30,829 Clarissa E. Vazquez, 57 Ketchum Place, Buffalo, NY 14213 CERTIFICATE OF APPOINTMENT Appointment effective January 11, 2010 in the Department of Community Services and Recreational Programming, Division of Youth, to the position of Youth Counselor, Provisional, Open Competitive at the Minimum salary of $40,896 LaShawn Davis, 279 Minnesota Avenue, Buffalo, NY 14215 CERTIFICATE OF APPOINTMENT Appointment effective January 7, 2010 in the Department of Community Services and Recreational Programming, Division of Youth, to the position of Administrative Aide, Provisional, Open Competitive at the Minimum salary of $30,829 Carolyn E. Manney, 257 Westminester Ave, Buffalo, NY 14215 NON - OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON -OFFICIAL COMMUNICATIONS NO. 37 BUFFALO WATER BOARD DECEMBER MONTHLY REPORT Please discard previous December Report and replace with December Monthly Report (revised). My apologies for the inconvenience. Jim Halliday - Project Manager Item available for review in The City Clerk's Office RECEIVED AND FILED NO. 38 MEMORANDUM LP CIMINELLI -BOARD PACKET DOCUMENTS JANUARY 2010 Deputy City Clerk Gerald Chwalinski Program Packaging and Development Services (PPDS) Provider January 5, 2010 Board Packet Documents Attached are the following documents from the Joint Schools Construction Board meeting scheduled on January 4, 2010: 1. Draft Agenda 2. Meeting Minutes from JSCB Meeting dated December 7, 2009 3. Fully Executed Phase III Application and Certificate for Payment No. 32 - November 2009 4. Fully Executed Phase 1 V Application and Certificate for Payment No. 17 - November 2009 5. Phase III Application and Certificate for Payment No. 33 - December 2009 6. Phase IV Application and Certificate for Payment No. 18 - December 2009 7. Phase V Application and Certificate for Payment No. 1 - December 2009 8. Program Packaging and Development Services (PPDS) Provider Update 9. Bevlar & Associates Inc. Construction Contract Monitoring and Compliance Services Monthly Report for Addendum I Phase III Project - November 2009 10. Bevlar & Associates Inc. Construction Contract Monitoring and Compliance Services Monthly Report for Addendum 1 Phase IV Project - November 2009 11. Inclusion Development Associates, Inc. Construction Contract Compliance Monitoring Monthly Report for Phase III- November 2009 Copy Available for review in The City Clerk's Office RECEIVED AND FILED NO. 39 M. DENSMORE -US CUSTOMS & BORDER PROTECTION -REQ MEETING WITH CIVIC LEADERS Dear Sir or Madam: The United States Border Patrol is the primary law enforcement agency responsible for preventing terrorists and terrorists' weapons, including weapons of mass destruction, from entering the United States between the ports of entry. The Border Patrol addresses a wide variety of threats and vulnerabilities by deploying an appropriate mix of personnel, equipment, technology, and border infrastructure. The National Border Patrol Strategy has an ambitious goal: operational control of our nation's border, particularly our borders with Mexico and Canada. The Border Patrol recognizes the significance of public outreach and the importance of communicating our mission throughout the communities that we work in. Representatives from the Buffalo Border Patrol Station would like the opportunity to meet with you and the members /staff of your civic leaders /community organization /law enforcement agency to present the National Border Patrol Strategy and the efforts being taken by the Border Patrol in Erie County to achieve the goals and objectives of that strategy. We look forward to meeting with your civic leaders /community organization /law enforcement agency in regard to these items as well as our mutual interest in safer communities and a safer nation. Please contact us at (716) 862 -7000 to schedule a date. Sincerely, Matthew J. Densmore Acting Patrol Agent in Charge RECEIVED AND FILED NO. 40 M. LOCURTO -CITY OF ROCHESTER NY BUREAU OF ASSESSMENT January 14, 2010 Gerald Chwalinski, City Clerk 1302 City Hall Buffalo, New York 14202 City of Rochester, NY Bureau of Assessment Dear Mr. Chwalinski: Please file the attached item for further discussion at the next Common Council session to be held January 19, 2010. Thank you in advance for your assistance in this matter. Sincerely, Item available for review in the City Clerk's Office REFERRED TO THE COMMITTEE ON LEGISLATION NO. 41 S. MAGAVERN- ELIMINATING -BERC Thank you for the opportunity to comment on the resolution "Eliminating the Buffalo Economic Renaissance Corp. As A Step Toward a New Approach For Economic Development." PPG unites over 70 organizations around a community based vision of a revitalized Buffalo. Our diverse partners include the Buffalo Urban League, Catholic Charities, Hispanics United of Buffalo, PUSH Buffalo, and many others. PPG has released several studies, policy briefs, and fact sheets regarding economic development programs in this region, including Missing the Target: How Economic Development Programs Have Failed to Revive Buffalo's Most Challenged Neighborhoods (2009). In our comment on the City's 2009 -2010 Action Plan, we called for the reform of BURA and BERC and noted that the City was spending large amounts of money on BERC salaries for minimal return. (All of our publications and comments are available at www.ppgbuffaio.org). We believe that radical reform of BERC is necessary, and that eliminating BERC is a possibility worth considering. As we demonstrated in .Missing the Target, there are a host of problems with using government funds to subsidize individual businesses, even through programs more efficient than BERC. We recommend that CDBG and other community development dollars be targeted to projects that directly aid people living in poverty, tackle neighborhood blight, and protect our fragile environment. Imagine, for example, if BERC's $4.7 million budget were spent on a program modeled after Philadelphia's Clean and Green program, in which disadvantaged urban workers are hired to clean and maintain the city's vacant lots. Programs like this are a triple win for impoverished workers, blighted neighborhoods, and the environment. In the big picture, they more than pay for themselves by increasing property values (and thus property tax revenues) and by reducing crime, disinvestment, and other urban ills. They stimulate the economy by putting dollars in the hands of low- income workers who spend their money locally. Other examples of triple win programs are those that hire local workers to rehab and green abandoned buildings, or to deconstruct end salvage buildings that cannot be rehabbed. Unless the City gets a better handle on its spiraling crisis of abandonment of residential and commercial buildings, many economic development efforts will be rendered meaningless. If, however, the City decides to devote some resources to business assistance, it should explore whether that could be done more efficiently through other existing entities. For example, could some of BERC's operations be merged with the ECIDA's minority business loan program? Could the City achieve more results through non - profit organizations that aid small and micro businesses, such as the Small Business Development Center, MieroBiz Buffalo, end the Westminster Economic Development Initiative? If the City is to spend money on business assistance, ix should continue to focus on small, minority end women owned businesses end to target its efforts geographically in a handful of neighborhoods with high need but significant potential. However, it must spend that money with much more accountability, efficiency, and precision than BERC has ever done. Please feel free to contact me with any questions. Thank you for considering these comments. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT. NO. 42 J. MCGOWAN- WNYVA- RESPONSE ELIMINATINE BERC WESTERN NEW YORK VENTURE ASSOCIATION The Region's Business Opportunity & Investment Forum Common Council City of Buffalo City Clerk's Office 1308 City Hall Buffalo, NY 14202 Ladies & Gentlemen: Thank you for the copy of the resolution "Eliminating The Buffalo Economic Renaissance Corp. as a Step Towards a New Approach for Economic Development" and your request for comments. The Western New York Venture Association's mission is to elevate the economic growth of the region by increasing the size and sophistication of the angel investor base and the quality of investment opportunities throughout Western New York. The WNYVA holds a series of networking meetings throughout the year that feature presentations by companies seeking capital and facilitate interaction between investors and entrepreneurs. Angel investors affiliated with WNYVA have invested in several local companies over the past few years. Insyte Consulting provides the operations support for the WNYVA and also is the manager of the Western New York Business Development Fund ( WNYBDF), a seed -stage fund that invests in local technology based companies. The WNYBDF is a collaboration among the Erie County IDA, the University at Buffalo, NYSTAR and Insyte Consulting. The WNYBDF has invested over $1 million in nine local technology companies. While we do not feel that we have had sufficient interaction with BERC and knowledge of BERC's operations to make a recommendation for or against its proposed elimination, we would like to offer the following comments regarding the funding of early -stage companies in Buffalo and Western New York. 1. Companies located in Buffalo, Western New York and Upstate New York receive significantly less venture capital funding compared to companies located in other regions of the U.S. Data regarding funding received by companies in our region can be found in the PricewaterhouseCoopers Money Tree Report ( www. pwcmoneytree .com /MTPublic /ns /index.jsp) and the report "Venture Capital & Seed Activity in NYS" (www. seed nv.org), 2. A mechanism to increase investment in local companies by leveraging the $4.7 million that BERC receives each year is needed and would help close the folding gap between our region and other areas of the U.S. 3. Venture capital and seed stage investing is a high -risk, potentially high- reward activity. - 38Companies that seek venture or seed funding do so because they are too risky to receive traditional loans. A significant percentage of companies that receive venture capital or seed -stage investment fail, usually resulting in the total loss of the investor's capital. While private investors are willing to accept this high risk, a significant number of failed investments may cause problems for a public entity. 4. Because of this high failure rate, venture and seed investors only invest in companies with the potential to generate extremely high returns on their investment to offset the losses from the failed companies. Companies that offer potential for high return typically have a unique and sustainable competitive advantage, very large market potential, and have experienced and capable management. Companies that do not have the potential to generate at least tens of millions of dollars in sales, high profit margins and the ability for the investor to liquidate his or her investment at a significant return on investment in several years generally do not receive venture or seed funding. Successful venture and seed investors are very selective and decline the vast majority of funding requests that they receive. Relatively Small businesses that serve the local community are worthwhile and important to our region's economic health, but would not qualify for venture capital funding. This high selectivity and decline rate may cause a problem for a public entity. 5. If you do not believe that "City government should be in the economic development business" we suggest that you explore collaboration with another entity with an economic development mission and experience in venture or seed investing such as the Erie County IDA or Excell Partners. There is also a current effort to fund a study to replicate Ohio's Jumpstart model in Upstate New York. We would expect that the City would need to address potential limitations on the geographic scope of such a collaboration. Thank you for the opportunity to provide these brief observations. Please feet free to contact us if you would like to discuss these or other items in more detail. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT, NO. 43 N. PRIMERANO- CONCERNS PROCESS OF APPT. TO COUNCIL SEAT Monday, January 11, 2010 To: The Honorable Buffalo Common Council Reprehensible. That's all I can really say about it- is that it's reprehensible. My ousting as a possible candidate to represent the constituents of the Ellicott District based on the sole fact that several months ago I was a registered independent is wrong. You wanted a Democrat, I became one. Apparently that wasn't good enough for Democratic Committee Chair Persons, who called me on the phone on Dec. 17 asking me to drop out because I wasn't a true "democrat." I didn't attend the Democratic Party interview farce on Dec. 18 th- instead, I took my father to the Sabres game for his 58 birthday. It seemed like a more honest way to spend my evening. But, what's more than that is how I found out I was no longer being considered. Did a councilmember call me? No. Did a staff member contact me to let me know what had occurred? No. I found out like I find out everything else in this city - The Buffalo News. This shows the type of caliber of elected official we have in Western New York. One minute, I'm the candidate that Mickey Kearns called, on the record "a sleeper who should make people nervous" and the next, I'm out. Why? That's for you to surmise, but in my opinion - it's because I am not a puppet. If anyone were to ask me to provide my lease at the Holling Place Lofts, I would've been more than happy to do so - I have been a resident there since 2008. But, apparently the only person doing his due diligence is me. I am an Independent. I'll make no bones about it or lie when asked. Did I take the steps necessary to become a Democrat? Yes. But I will always in my mind and in my heart remain an Independent. I have been one since I registered to vote as an undergrad at the University at Buffalo in 1999 and I will return to being an Independent as soon as humanly possible. One sided minds are cancerous. I think the question that begs to be asked here is - why aren't you an Independent? Why are you playing politics with the future and fate of the Ellicott District? Or, the future of this fair City? We know that Republicans couldn't get it done in WNY- former County Executive Joel Giambra's Red Budget was proof positive of that. And now, you are proving- through this dog and pony show of an "audition" for Councilmember that Democrats are just as bad. You're not picking a candidate based on their qualifications and whether or not they will be good for the community - you're picking a candidate based on which political contributor and which committee member pulls your strings hard enough. And, its wrong and it is everything that is causing Western New York to crumble. This vote could've been historic. When faced with a difficult task, someone people rise to the occasion. Unfortunately, you all are still seated. The Democrats seem to back the Reverend Darius Pridgen. Good call - who better than to represent the people of the poorest district in Buffalo, than a man who pays no taxes on his True Bethel registered waterfront half - million dollar condominium and his True Bethel registered Cadillac and Hummer. Best of luck in this process, but I truly hope you start over. RECEIVED AND FILED NO. 44 RE- LAUNCHING THE JSCB NEIGHBORHOOD STABILIZATION INITIATIVE Dear Councilman Fontana: This letter is follow -up to our recent meeting regarding the possibility of Buffalo's current Joint Schools Construction Board (JSCB) to finally launch the "Neighborhood Stabilization Program" component of the original program - one, I might add, that the original organizers planned and intended. As you now know, neighborhood stabilization was seen as a critically important compliment to the original, and now enormously successful, Buffalo Schools Reconstruction Program. To those of us who designed the program, it simply made no sense to re- create state -of -the all schools and leave many of them in severely deteriorated settings! And now, with the benefit of hindsight, it is almost universally recognized that the failure to implement this original part of the overall JSCB mission was a very foolish mistake. The point of this letter is to emphasize that we still have the power to correct this situation and could easily do so on a comprehensive, coordinated, city -Wide basis, at least while the JSCB remains in place. Not to act now is, I think, to miss a golden opportunity that probably won't return... As one of tile JSCB's original planners and organizers, t nave tried repeatedly during the intervening years to bring this essential component of the original program back to life - obviously an unsuccessful effort to date. I am, however, encouraged by my meeting with you and your staff and feel that with your understanding and assistance we may finally be able to fund and implement this important initiative, remind you that the concept of "joint' initiatives was the Very foundati6n of the JSCB mission, and we had outside funding commitments at the billion dollar level for both the reconstruction of our schools and their surrounding neighborhoods. As you Know, the billion dollars committed fOr neighborhood stabilization was rejected returned for political reason and never made available for use by the JSCB to address the depressing levels of deterioration and underdevelopment all too evident in many neighborhoods around our schools. During our Conversation I tried to provide you with an overview of circumstances surrounding creation of the JSCB, hew we organizers defined its mission, and issues that lead to the failure to implement the neighborhood stabilization component. I also outlined several major conditions I know must be fulfilled by the City and the JSCB in order to reactivate funding support at the original level and launch this program now - information I have been given by the key funders dyer the past few years. I will briefly repeat these points here. Events leading to the creation of Buffalo's JSCB In the mid- 1990's the City School District of Niagara. Falls had two unusable high schools and wanted to consolidate functions into one new state -of- the -art facility at no cost to their city taxpayers. But, it was certain the required public referendum would never pass and there were no other financing venues available Education Transformation Group (BTG), my company, develop a prototype state legislation to allow a "private developer" to assume "custody" of the new Niagara Fails High School facility during the time taken to build and pay off construction. The selected developer, Honeywell (actually a special purpose entity "), still has guaranteed first call on all reimbursement funds from tile NY State Education Department ( NYSED) to the District to pay for construction. During this lime they lease it directly to the District which may purchase it at the end of the lease. In the mid- 1900's Buffalo was technically a bankrupt city with a "dependent" school district (with a physical plant comprised of about eighty buildings averaging 70 years old) that had become incapable of supporting the delivery of quality educational programs and there was literally no money available to upgrade those school buildings. Having heard about the "privatization" process used to build the new Niagara Falls City High School with no local taxpayer share, former Mayor Masiello requested ETG to investigate means for accomplishing a similar program for the Buffalo Public Schools. This led our developing a unique new mode for financing district -wide school reconstruct on and creation of the JSCB vehicle. Mission and purpose of the Buffalo JBCB JSCB's original purpose was to create the capability to respond to NYSED's offer to lock -in an extraordinary 93.7% state reimbursement of the guaranteed maximum cost allowance for the reconstruction costs of all the Buffalo Public Schools for ten years. In the course of developing financial means to plan and execute reconstruction all of the Buffalo public school facilities it became clear that the JSCB's mission should be expanded to include stabilizing their surrounding neighborhoods (defined as the two block area around each school building) and to accomplish these goals at no direct cost to the City's taxpayers. To accomplish this, ETG Set up the JSCB as a third municipality with authority overarching that of the City of Buffalo and the Buffalo Public Schools - both existing independent- municipalities (excepting the Public School's ability to raise taxes or its own), This authority was to sunset after 10 years, or in 2011, During this time the JSCB was to function as primary development decision make and coordinator, with staffs of both the City and the District to serve at its call including: the offices of Strategic Planning, Public Works, Neighborhood Housing, School Facilities Planning, construction. Curriculum etc- essentially functioning as one thoroughly integrated organization. This was designed specifically so the JSCB would not have to create a new bureaucracy in order to fu fill its mission. Legislative Context, Organization, and Structure of the JSCB (reference attachment) - The JSCB was created by amendment to Buffalo's City Charter. ]'his new entity was then cited in special NY State Legislation needed to permit the NYSED to reimburse funding for the planned multi - phased schools reconstruction process - The JSCB was organized to represent all components of both the City and School Governments - the Mayor, Common Council, Superintendent, Board of Education Comptroller, as well as several ex- officio members. This structure had numerous sub- committees, advisors, and (initially) a core executive staff to help clarify, issues and establish the ongoing operating agenda - To facilitate the planning and implementation process for school reconstruction and neighborhood stabilization., the JSCB conducted a national search for what was termed a 'Program Packaging & Development Services Provider" (PP &DSF) - charged with securing financing, managing the planning process, and executing the entire JSCB program After a lengthy RFQ development and independent selection process, a local company. LP Ciminelli was chosen. Original JSCB Funding Sources and Commitments - In a manner similar to the Niagara Falls High School privatization process, the NYSED agreed to allow an entity other than the City of Buffalo, to create a alternative financial mechanism to funfl 93.7% of the massive schools reconstruction program maximum cost allowance, and then be reimbursed directly. The other 6.3 %, representing tile "local share," became the responsibility of the selected PP &DSP to identify and provide - for a total commitment of one billion dollars to be invested In Buffalos' school facilities over a span of ten years. (And, of course, the economic multiplier resulting from such investment, should have accrued to the neighborhoods aria residents of the communities.) - It was originally hoped that the NY State Energy Research and Development (NYBERDA) would pray a major complimentary funding role by malting the entire Buffalo Schools Reconstruction Project a "green" energy demonstration initiative and provide funding for many LEED and LEED -type innovations in the buildings, effectively covering the remaining local share." This did not happen because NYSED ultimately could not agree to complimentary funding roles, - Funding for the Neighborhood Stabilization component was to be provided by combining resources from three places: the US Department of Housing and Urban Development (HUD) had committed six hundred and fifty million, the Community Preservation Corporation (CPC) had committed one hundred million dollars, and the NY State Department of Housing and Community Renewal had indicated their willingness to dedicate an additional two hundred and fifty million dollars to the program - for a total of an additional one billion dollars to be committed and spent concurrently with the schools' billion dollar reconstruction budget. - Because the Neighborhood stabilization funds Were to be provided from different sources, each with their own allocation /spending guidelines, talks were to be held among the three organizations to devise a common Set of guidelines and /or procedures to be followed in allocating support for various individual projects, Reasons for failure to launch Neighborhood Stabilization Program - consequences The single biggest single reason the Neighborhood Stabilization Program was not launched, and the original funding commitment "returned to HUD, was that all Buffalo Common Council members would be required to give up the ability to spend their separate annual block grants as they saw fit for the entire period of time the JSCB's program was in effect. This allocation process was to be ceded to the JSCB and subject to their priorities which were to be set in tandem with the sequence or individual school reconstruction projects The Common Council membership could not agree to this concept of a larger good, even though they were fully represented on the JSCB - As a consequence, the HUD funding commitment was returned and conversations with the other funding participants were discontinued. But, because the concept of a comprehensive schools' and neighborhoods' reconstruction program had been discussed and promoted throughout much of the Buffalo community, in several quarters there was an expectation for it to actually happen. When it didn't, the JSCB's overall credibility suffered, as did that of the PP &DSP who was incorrectly seen by some as being responsible for funding and execution of both portions of the overall program. This problem has still not been adequately addressed, so many people don't understand now and why a considerable number of these marvelous educational facilities are being brought back to life while they remain in severely compromised neighborhood settings. - Another significant factor contributing to this confusion over the unfulfilled Neighborhood Stabilization Program was the demise of the JSCB's "Workforce Training Program -- a program ETG developed in concert with the building trades unions over several years and designed specifically to bring young, unemployed, and underemployed people into this massive housing and school building reconstruction effort, This unique program was at the core of the JSCB's community economic transformation process, it was well organized and financed and full of promise, in fact Senator Hillary Clinton came by to give it her blessing, The "training school" was set up in a huge east -side warehouse with experienced staff and management. Participating individuals were to have their language, math and hands -on job skills brought up to job- readiness level where they would become eligible to enter a journeyman's track in one of the union trades. The first class of about fifty students were, in fact, graduated but because of the demise of the Neighborhood Stabilization component, there was no entry level job market for them and, as a result, the entire training effort collapsed. Subsequent attempts to re- launch JSOB Neighborhood Stabilization Program - Since Neighborhood Stabilization was such an integral part of the JSCB Program, I have made many attempts to re -start this component after -the fact. In spite of several promising tries and HUD's re- commitment of their funding, I have not been able to reassemble all the pieces and, of course, ETG no longer serves as operating staff to the JSCB. But, I have also counseled Rochester and Syracuse, who are modeling their own "JSCB -like" initiatives after Buffalo's, in order to incorporate this activity into their overall schools' reconstruction programs, - It is, important to note that several other factors have inhibited my ability to restart this important initiative. One obstacle has been the anxiety of the City's former Community Development Office, now Office of Strategic Planning, which some now viewed neighborhood stabilization as their purview, and didn't really take well to the idea of having any of "their" priorities set by the JSCB, even if only in the neighborhood development arena, Another less obvious problem was the lack of a unified master plan - unfortunate, because at the time the JSGB was being assembled the City was undertaking a new Master Plan and at the same time tile District was developing a new Strategic Plan. Perfect timing! So, ETG advocated strongly for their total integration. Ironically, it didn't happen because nobody at that time really believed that the JSCB would actually materialize. it is also worth mentioning that part of this "integrated City /Schools Master Plan" concept was predicated on the idea that each detailed neighborhood planning effort would take place under the guidance of the Strategic Planning Office and be executed by the same consultants who would be developing the detailed schools reconstruction designs under the guidance of the District's Facilities Planning Office. The clear advantage to this approach would have been that everyone would be discussing the same goals and issues for each school /neighborhood project, and integrating separate funding sources to achieve them, This process was to have been scheduled and overseen by the JSCB and facilitated by their PP &DSP and is the approach we nave been encouraging other cities to follow. Changes in JSCB Board Membership and resulting functional discontinuities - The original JSCB membership inevitably changed with elections and appointments. This was expected and anticipated. However, it was not foreseen that the JSCB would have no staff of its own and, therefore, no institutional memory. I pointed this out at our last meeting with the JSCB, but after almost five years of meeting together and with the PP &DSP in place, the Board felt the organization could operate well enough without maintaining its small staff- even though the Neighborhood Stabilization component had not yet been put in place. - With no staff to provide continuity and a new School Superintendent, a new Mayor, a new Comptroller, and new representatives from the School Board and Common Council. It is not surprising the JSCB's focus shifted away from "enlarging" its responsibilities, to keeping up with ongoing school reconstruction activities - very unique and complex in their own right; - After a couple of years, when it became obvious to ETG that the JSCB's sense of mission was slipping because the new members were almost totally unfamiliar with the background work that led to its creation, we offered to lead a day long retreat to inform the new Board of "Buffalo's Billion Dollar Corporation" about the background of their organization We tried unsuccessfully, for three years and have actually never been given the opportunity to discuss this project with the JSCB's new Board as a group. As a result many did not know for quite a long time that there actually were two equally important components to this initiative. Status of Neighborhood Stabilization "re- launch" conversations - During the past five years or so I have met with many individuals and agencies to review the statue of this program - often repeatedly. These have included new members of the JSCB, various individuals and agencies (public, private, and not - for - profit) dedicated to stabilizing /improving developing our City's neighborhoods (particularly those in deep distress), as well as and major resources of program funding - both public and private, At each meeting we started with a discussion of the increasingly obvious need to re- launch the JSCB's Neighborhood Stabilization initiative particularly because of the somewhat unexpected huge success of its Buffalo Schools' Reconstruction Program -- Now recognized, state -wide, as a great achievement. No one I have talked with understands why our neighborhoods remain unimproved and or why the best substitute "stabilization strategy that the City seems to be able to come up with is a program for the wholesale demolition of thousands of abandoned homes - most of which are entirely salvageable, but once gone can never replaced. It seems appropriate to note a few of the meetings alluded to above including: 1. Steven Banko, HUD Regional Director - several meeting at various times to reconfirm funding possibilities and conditions 2. James Rykowski, CPC VP and Regional Director - recent meeting to reconfirm funding possibilities committed to by past CPC personnel 3. Michael Clark, LISC Regional Director- several meetings to discuss re -start and possibilities for LISC participation 4. Louis Fasolino, DHCR (former) Regional Director, past discussions about major DHCR program funding and participation possibilities 5. James Williams Superintendent of Buffalo Schools - several meetings to reconfirm support for re- starting program and willingness of District to have students participate in possible future training venues 6. Donna Brown, Deputy Buffalo Mayor- meeting to confirm interest in the re -start process and set up meeting with Strategic Planning Office 7. JSCB - several meetings with individual members to review re -start 8. Buffalo Office of Strategic Planning - meetings with two former directors to discuss intersecting with the Neighborhood Stabilization effort 9. District Office of Facilities Planning - many meetings with Mel Alston and staff to discuss intersecting with Neighborhood Stabilization re -start 10. Louis Ciminelli. Pres. LP Ciminelli and PP &DSP- meeting to confirm commitment to lead the Neighborhood Stabilization program if restarted 11. Brenda McDuffie, Chair /CEO Buffalo Urban League - numerous meetings to review re -start possibilities and insuring full minority access and participation 12. Cynthia Schwartz, Roswell Planning Director & (former) Chair Heart of the City Neighborhoods - numerous meetings On re -start strategy and model for school reconstruction /neighborhood /stabilization tandem action 13. Aaron Bartley Chairman PUSH - meetings to discuss re -start and using PUSH's model of indigenous neighborhood workforce on -the- job- training 14. Joy MoDuffie - Neighborhood Planner - numerous meetings to discuss re- starting Neighborhood Stabilization Program and the possibility of her assuming a major role as JSCB key staff to oversee the re- started initiative 15. and many many others Conditions for Re- launching; Supporting, and Sustaining a Successful JSCB Sponsored "Neighborhood Stabilization" Program Now - Verify that HUD support is still available - at the magnitude, and under the same conditions as has been previous y discussed and agreed to on several occasions. - Deliver a commitment letter to HUD, signed by the Mayor and Superintendent (on behalf of the full JSCB), stating that the funds and procedures for planning, managing, and executing this comprehensive Neighborhood Stabilization initiative will be controlled exclusively by the JSCB. - Obtain a commitment from Buffalo Common Council members to forgo their total lock oil HUD provided individual block grant allocations for the duration of the Neighborhood Stabilization Program and allow the JSCB full authority over the use and distribution of these funds, if HUD is willing to consider some exceptions, these will need to be negotiated with them on an individual basis. - Similarly, determined availability and conditions of DHCR's and CPC's original support and establish compatible regulatory procedures for using comingled funds. It is assumed DHCR and CPC funds could still be awarded to the JSCB unencumbered, as they we to be in the original program. - Extend the Buffalo Charter Amendment which created the JSCB, for an appropriate period beyond its current 10 year limit to allow adequate time for planning and executing this Neighborhood Stabilization program. And, extend the PP& DSP's management contract with the JSCB for the same period of time. Identify a JSCB Neighborhood Stabilization Project Director and assemble a small experienced staff to work with tile new Director assisting the JSCB and the PP &DSP in planning overseeing, and managing this initiative during its implementation, - Modify as appropriate, the current JSCB organizational structure and operating procedures, as well as those of their key consultants, to reflect this significant change in their future activities. (Note; To some extend these issues were identified and discussed in the original Neighborhood Stabilization proposal to HUD requesting, and receiving their support - all of which would have to be reviewed again and revised consistent with this program's very late startup.) In summary: As promised at our meeting, I have with Lou Ciminelli and determined he is committed to undertaking this Neighborhood Stabilization program now, and is willing continue functioning as the JSGB's PP &DSP for this purpose once the initiative is organized and properly funded. I have also met with CPC who originally pledged one hundred million to this effort. They have expressed enthusiasm for re- activating there pledge and also, if necessary, helping to bring DHCR back into this program and to renew their previous sizeable commitment. As for immediate next steps, I discussed with CPC the possibility of setting up a series of off - camera, preparatory working meetings with key participants and major funding partners. The objectives would be to first: clarify and understand the problems which derailed previous attempts to launch this important effort so these mistakes are not made again. And to second: decided how to best structure the re- launch effort and start working on its realization in the immediate future. CPC was very enthusiastic about this approach and offered to host these sessions. I offered my services to help work on draft agendas for these meetings. Beyond this, I'm not sure what else can be done at this point. But, as always, I remain optimistic! Let me know what you think and how I can further assist you in moving this very important initiative forward as quickly as possible, Many thanks again for your continued interest and support! Kindest regards and belated Happy New Year! EDUCATION TRANSFORMATION GROUP REFERRED TO THE SPECIAL COMMITTEE ON EDUCATION, JOINT SCHOOL CONSTRUCTION BOARD NO. 46 C. WAHL- CONCERNS BARRICADES AT BACKDOOR CLUB To Whom It May Concern: I currently operate a small business in downtown Buffalo's entertainment district. I am concerned about a massive safety hazard out my back door. This back door is strictly for emergency egress, which opens onto another property. The landlord of this property has barricaded the door, eliminating any option for egress. City of Buffalo officials have deemed this 5,000 square foot space "safe" by changing the capacity from 300 persons to 49 persons. Common sense shows that changing the capacity does not make it a safe building. Furthermore, 49 persons cannot sustain the overhead it costs to do business. As you know, business owners are forced to purchase multiple licenses annually to remain in operation, which is impossible to maintain at this capacity. This situation exists all over the City of Buffalo creating many unsafe situations. It also creates and sustains vacant spaces in a city desperate for entrepreneurs. I invite you to have a look at the situation. At that time I am confident that common sense will prevail and the landlord who installed them will be ordered to remove the barricades. Please feel free to call me for any further correspondence. Thank you for your concern in this important matter. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF ECONOMIC DEVELOPMENT, PERMITS AND INSPECTIONS NO. 46 W. WEAGLEY -USPS- RESPONSE BROADWAY FILLMORE STATION Dear Me. Rushton: This is in response to your December 10, 2009, letter to Postmaster General John E. Potter, regarding the Broadway - Fillmore Station. Thank you for sharing Resolution #72. As information, the U.S. Postal Service is a self - supporting agency that funds its operations from the revenue generated by the sales of our products and services- -not taxpayer subsidies received through the Congressional appropriations process. Like so many businesses today, the Postal Service is experiencing significant financial challenges related to declining mail volumes and revenue. Despite cost - cutting efforts resulting in $6 billion in cost savings and a $4 billion reduction in required payments for retiree health: benefits, the Postal Service ended fiscal year 2009 with a net loss of $3.8 billion and a mail volume decline of more than 25 billion pieces. Forecasts for 2010 appear equally as dim. In the face of such difficulties, the Postal Service is pursuing solutions and strategies to mitigate the impact. Efforts have focused on improving efficiencies and making sure the processing and delivery networks are as streamlined as possible through such activities as mail processing consolidations and carrier route adjustments. The Postal Service is also reviewing station and branch operations of larger Postal Service facilities throughout the nation. The focus is on areas where we have a number of offices in close proximity to determine where consolidations are possible. The studies are ongoing and no final decisions have been made. On November 20, 2009, the Postal Service announced that 241 retail stations and branches remain under consideration for possible consolidation. You may be pleased to learn that the Broadway - Fillmore Station is no longer part of the study. Thank you for writing. Sincerely, RECEIVED AND FILED PETITIONS NO. 47 D, TRONOLONE, AGENT, USE 400 LINCOLN PKWY FOR A HUMAN SERVICE FACILITY (NO PUB HRG)(NORTH) REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD ADND THE ZONING BOARD OF APPEALS CIVIL SERVICE (BONNIE E. RUSSELL, CHAIRPERSON) NO 48 APPTS PARK SUPERVISOR I (PERM)(MAX)(DEJAMES, DURFEE, PENTA)(PW) CCP# 17, 01/05 Mrs. Russell moved That the above item be the same and hereby is Received and Filed ADOPTED NO 49 APPT SUPERVISOR OF RINKS & POOLS(PERM)(MAX)(WOJCIK)(PW) CCP #18,01/05 Mrs Russell moved That the above item be the same and hereby is Received and Filed ADOPTED NO 50 APPT HEAD GROWER (PERM)(MAX)(KRAJNIK)(PW) CCP# 19, 01/05 Mrs. Russell moved That the above item be the same and hereby is Received and Filed ADOPTED NO 51 APPTS RECREATION INSTRUCTOR (PERM)(MAX)(MILOVICH, FRACOS, DEMPSEY, DANIELS, DUNBAR, HARRINGTON, LIEBNER, TOMPOROWSKI(PW) CCP# 20, 01/05 Mrs. Russell moved That the above item be the same and hereby is Received and Filed ADOPTED NO 52 APPTS RECREATION INSTRUCTOR (PERM)(INTER)(STEINWANDEL, CAMPOBELLO, BROZYNA, BROWNING)(PW) CCP# 21, 01/05 Mrs. Russell moved That the above item be the same and hereby is Received and Filed ADOPTED NO 53 APPTS PARKS UTILITY WORKER(PERM)(MAX)(FRAY, SWARINGER, MARTINEZ, STOKLEY, DZIEDZIC, STEVENS JR., BUNDY, SYRACUSE, PROPIS, DICIOCCIO, SCHWERTFEGAR) (PW) CCP# 22, 01/05 Mrs. Russell moved That the above item be the same and hereby is Received and Filed ADOPTED NO 54 APPT PARKS UTILITY WORKER(PERM)(INTER)(LEONARD) (PW) CCP# 23, 01/05 Mrs. Russell moved That the above item be the same and hereby is Received and Filed ADOPTED NO 66 APPT PARKS UTILITY WORKER(PROV)(INTER)(SNYDER) (PW) CCP# 24, 01/05 Mrs. Russell moved That the above item be the same and hereby is Received and Filed ADOPTED NO 56 APPTS COMMUNITY RECREATION AIDE(PERM)(MAX)(RODGERS, MIDDLEBROOKS, MARACLE) (PW) CCP# 25, 01/05 Mrs. Russell moved That the above item be the same and hereby is Received and Filed ADOPTED NO 67 APPT COMMUNITY RECREATION AIDE(PERM)(INTER)(DOLL III) (PW) CCP# 26, 01/05 Mrs. Russell moved That the above item be the same and hereby is Received and Filed ADOPTED NO 58 APPTS LABORER II (PERM)(MAX)(SUMBRUM, BERRY)(PW) CCP# 27, 01/05 Mrs. Russell moved That the above item be the same and hereby is Received and Filed ADOPTED NO 59 APPT MOTOR EQUIPMENT MECHANIC(PERM)(MAX)(NORRIS)(PW) (CCP# 28, 1/5) Mrs. Russell moved That Communication 28 of January 5, 2010, be received and Filed and that the Permanent Appointment of David Norris, 52 Euclid Place, Buffalo, NY 14210 at the Maximum Salary of $37,960.00 is hereby approved. PASSED AYES -9 NOES -0 NO 60 APPT STENOGRAPHER (PERM)(MAX)(MUSTAFIA)(PW) (CCP# 29, 1/5) Mrs. Russell moved That Communication 29 of January 5, 2010, be received and Filed and that the Permanent Appointment of Arlene Mustafa, 387 Olympic Avenue, Buffalo, NY 14220 at the Maximum Salary of $33,257.00 is hereby approved. PASSED AYES -9 NOES -0 NO 61 APPT LABORER II(PERM)(INTER)(FINNEGAN)(PW) (CCP# 30, 1/5) Mrs. Russell moved That Communication 30 of January 5, 2010, be received and Filed and that the Permanent Appointment of William Finnegan, 188 Columbus Avenue, Buffalo, NY 14220 at the Intermediate Salary of $30, 829.00 is hereby approved. PASSED AYES -9 NOES -0 NO 62 APPTS EQUIPMENT OPERATOR, (PERM)(4 STEP)(MONTELONE, PINELLI)(PW) (CCP# 31, 1/5) Mrs. Russell moved That Communication 3 of January 5, 2010, be received and Filed and that the Permanent Appointments of Cruciano Montelone, 3619 Moyer Road, Wheatfield, NY 14120 and Michael Pinelli, 3027 Parker Blvd, Tonawanda, NY 14150 at the 4 h Step of $36,095.00 is hereby approved. PASSED AYES -9 NOES -0 NO 63 APPT HEAVY EQUIPMENT OPERATOR, (PERM)(4 STEP)(MAZUR)(PW) (CCP# 32, 1/5) Mrs. Russell moved That Communication 32 of January 5, 2010, be received and Filed and that the Permanent Appointment of Joseph Mazur, 1225 Wisconsin Rd, Derby, NY 14047 at the 4 Step of $37, 652 is hereby approved. PASSED AYES -9 NOES -0 NO 64 NOTICES OF APPOINTMENTS, TEMP /PROV /PERM CCP# 41, 01/05 Mrs. Russell moved That the above item be the same and hereby is Received and Filed ADOPTED FINANCE (MICHAEL P. KEARNS, CHAIRPERSON) NO 65 BOND CLOSEOUT $1,424,263.98 (ITEM NO. 7, C.C.P., JAN. 5, 2010) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Kearns moved: That the Comptroller is hereby authorized to closeout bonds not expended for the object or purpose of the bonds, as more fully described and attached to the above communication, in the unencumbered balance total of $1,017,091.20. The following Bonds shall not be closed as part of this approval: Account II Title Balance 30338706 Seneca Babcock CC Improv $94,151.54 34310306 Lovejoy Building (Seneca /Babcock Comm. Ctr.) 32,714.18 35320706 Tosh Collins Center Expansion 252,252.29 36400706 City Parks Improvement 5,844.68 38400106 Parks /Playground Impr. CW 22,210.09 Total: $407,172.78 PASSED AYES -9 NOES -0 NO 66 VEHICLE (ITEM NO. 15, C.C.P., JAN. 5, 2010) That the Commissioner of Public Works, Parks and Streets be, and he hereby is granted permission to accept one Chrysler Sub - Compact from the Parking Violations Bureau, as more fully described in the above communication, upon the condition that there be no increase in the number designated as authorized for take -home use. PASSED AYES - 9 NOES — 0 NO 67 VEHICLES (ITEM NO. 16, C.C.P., JAN. 5, 2010) That the Commissioner of Public Works, Parks and Streets be, and he hereby is granted permission to accept one 2002 Ford bus from the Police Athletic League and two vehicles from Parking Enforcement Impound (2005 Jeep Suburbard2002 Dodge Dakota), as more fully described in the above communication, upon the condition that there be no increase in the number designated as authorized for take - home use. PASSED AYES -9 NOES -0 NO 68 INCREASING TRANSPARENCY IN GOVERNMENT (ITEM NO. 70, C.C.P., JAN. 5, 2010) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Kearns moved: That this Common Council 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 That the Department of Law advise this Common Council of its options, remedies and its ability to impose penalties for the failure of the City's allied Agencies, Authorities, Boards Commissions, Committees, Council or other like bodies to comply with City Charter requirements; and 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 the 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 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. ADOPT 2 ND & 4 RESOLVE, REFER REMAINDER TO THE COMMITTEE ON FINANCE LEGISLATION (JOSEPH GOLOMBEK JR., CHAIRPERSON) NO 69 FOOD STORE LICENSE- 535 BROADWAY (ITEM NO. 35, C.C.P., JAN. 5, 2010) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Golombek moved That the above item be recommitted to the Committee on Legislation Adopted NO 70 FOOD STORE LICENSE- 1799 GENESEE (ITEM NO. 37, C.C.P., JAN. 5, 2010) That pursuant to Chapter 194 of the City Code, the Commissioner of Permit and Inspections Services be, and he hereby is authorized to grant a Food Store License to Adel Abdullah located at 1799 Genesee d /b /a Speedy Market. PASSED AYES -9 NOES -0 NO 71 SEQR LEAD AGENCY COORDINATION BATTAGLIA TRANSFER STATION 1037 -1055 SENECA STREET (ITEM NO. 48, C.C.P., JAN. 5, 2010) Mr. Golombek moved that the above item be recommitted to the Committee on Legislation Adopted NO 72 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. 65, C.C.P., JAN. 5, 2010) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Golombek moved: That after the public hearing before the Committee on Legislation on November 17, 2009, the petition of A. Lojancono, owner, for permission to use 1518 Hertel Avenue to convert a 1 story masonry beauty salon to a take -out restaurant be, and hereby is approved upon the condition that a structure used to shield garbage totes from view receive Site Plan approval from the City Planning Board prior to issuance of a Permit. PASSED AYES -9 NOES -0 NO 73 FOOD STORE LICENSE - 523 STARIN (ITEM NO. 25, C.C.P., DEC. 22, 2009) That pursuant to Chapter 194 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services be, and he hereby is authorized to grant a Food Store License to Christopher Mansour located at 523 Starin, d /b /a Ronzo Enterprises /Christopher Mansour. PASSED AYES -9 NOES -0 NO 74 D. PONTON- RESPONSE BUFFALO STATE COLLEGE STUDENT HOUSING COP# 45, 12/22 Mr. Golombek moved That the above item be the same and hereby is Referred to the Committee on Community Development ADOPTED NO 75 MANDATING THAT LANDLORD SMOKING POLICIES BE DISCLOSED AS PART OF ALL NEW WRITTEN LEASE AGMTS IN THE COB (EXCEPT 1 ST &3 RD RES) (C.C.P. #91, DEC 22, 2009) That the above item be the same and hereby is Received and Filed. ADOPTED NO 76 SEQR LEAD AGENCY 391 WASHINGTON ST- LAFAYETTE HOTEL (ELL)(PLBD) (C.C.P. #1, NOV 24, 2009) That the above item be the same and hereby is Received and Filed. ADOPTED NO 77 REWARD FUND -EAST SIDE FIREBOMBING (COMPT) (C.C.P. #9, SEPT 29, 2009) That the above item be the same and hereby is Received and Filed. ADOPTED NO 78 S. COLANGELO- RESPONSE TO ARSON REWARD FUND (C.C.P. #35, SEPT 29, 2009) That the above item be the same and hereby is Received and Filed. ADOPTED NO 79 Y. YAFAI- VARIOUS CORRESPONDENCES -RE COMPLAINTS IN FRONT OF STORE 1304 JEFFERSON (MAS) (C.C.P. #44, SEPT 29, 2009) That the above item be the same and hereby is Received and Filed. ADOPTED NO 80 REWARD FUND FOR EAST SIDE FIREBOMBING (C.C.P. #63, SEPT 15, 2009) That the above item be the same and hereby is Received and Filed. ADOPTED NO 81 BUSINESS IMPROVEMENT EXEMPTION ORDINANCE(EXCEPT 1 ST RESOLVE) (C.C.P. #110, SEPT 1, 2009) That the above item be the same and hereby is Received and Filed. ADOPTED NO 82 M. LOCURTO- PROPERTY MAINTENANCE CODE CH 341 -2 (C.C.P. #60, JUNE 23, 2009) That the above item be the same and hereby is Received and Filed. ADOPTED NO 83 SEQR- PROPOSED BUFFALO HARBOR BRIDGE (C.C.P. #42, APRIL 14, 2009) That the above item be the same and hereby is Received and Filed. ADOPTED NO 84 E. LOUCKS- COMPLAINTS BATTAGLIA CONSTRUCTION (C.C.P. #44, APRIL 14, 2009) That the above item be the same and hereby is Received and Filed. ADOPTED NO 85 R. MCCUNE & O- OPPOSE EXPANSION & OPERATION OF BATTAGLIA CONSTRUCTION (C.C.P. #51, APRIL 14, 2009) That the above item be the same and hereby is Received and Filed. ADOPTED NO 86 NAMING THE NEW FEDERAL COURTHOUSE "LT. COLONEL MATT URBAN COURTHOUSE" (ITEM NO. 90, C.C.P., DEC. 26, 2007) That the City of Buffalo Common Council urges the United States General Services Administration to name the new Federal Courthouse, "Lt. Colonel Matt Urban Courthouse ", in honor of one of the greatest sons of the City of Buffalo and soldiers in the history of our country. That this Resolution be sent to the United States General Services Administration, United States Senators and United States Representatives of the Western New York area. ADOPTED RESOLUTIONS NO 87 SPONSOR: MR. FRANCZYK APPOINTMENT TO THE ARTS COMMISSION Whereas: There currently exists at least one opening on the Buffalo Arts Commission; and Whereas: Pursuant to § 6 -26 of the Code of the City of Buffalo, the commission shall consist of fifteen (15) members, five (5) of whom shall be appointed by the President of the Common Council; and Whereas: The appointment of Catherine Linder Spencer to the Arts Commission would be beneficial to the City of Buffalo; and Whereas: Ms. Spencer resides within the City of Buffalo at 42 Highland Ave. and is very involved with a number of arts organizations in the City. She is a talented photographer and teacher who has served on the board of Hallwalls, has a good working relationship with many local performing arts and visual arts groups, and would bring a wealth of knowledge to the Commission about the history and scope of the arts in Buffalo; and Whereas: With Ms. Spencer's strong background in the arts, she would be a great asset to the Arts Commission. Now, Therefore, Be It Resolved: That, effective immediately, Catherine Linder Spencer is hereby appointed by the President of the Common Council to serve on the Buffalo Arts Commission. RECEIVED AND FILED NO 88 BY: MR. GOLOMBEK UNDERTAKING A MERGER/JOINT VENTURE BETWEEN THE BUFFALO WATER AUTHORITY AND THE ERIE COUNTY WATER AUTHORITY Whereas: On December 31, 2009, the City of Buffalo Water Authority voted to raise water rates 21 percent over the next three years; and Whereas: The Water Authority has cited a decrease in water consumption within the City of Buffalo which in turn has led to a decrease in the revenues needed to run Buffalo's water operations; and Whereas: At its maximum capacity, the City of Buffalo Water Department has the ability to provide water for one million people; and Whereas: The City of Buffalo and the County of Erie have a unique opportunity to cooperate and provide better services for its citizens; and Whereas: There is a possibility of selling excess water produced in Buffalo to the Erie County Water Authority and outlying regions for profit which in turn can be used to prevent future rate increases for Buffalo residents; and Whereas: The opportunity also exists for the customers of the Erie County Water Authority to see a reduction in their water rates by merging or undertaking a joint venture with the Buffalo Water Authority; and Whereas: There is a possibility that any costs associated with a merger /joint venture may be paid for through efficiency grants and stimulus funds. Now, Therefore, Be It Resolved That: This Honorable Body requests a study, conducted by water operation professionals, regarding the cost effectiveness, feasibility and legality of merging or undertaking a joint venture between the City of Buffalo Water Authority and the Erie County Water Authority in producing water services for areas outside the city limits. Be It Further Resolved That: The City Clerk forward certified copies of this resolution to Mayor Byron Brown, The Buffalo Water Authority, Erie County Executive Chris Collins, The Erie County Legislature and the Erie County Water Authority. ADOPT 2nd RESOLVE, REFER REMAINDER TO THE COMMITTEE ON FINANCE NO 89 BY: COUNCILMEMBER MICHAEL P. KEARNS REQUEST THAT THE MAYOR APPOINT THREE INDIVIDUALS TO FILL VACANT DIRECTOR POSITIONS ON THE BUFFALO WATER BOARD. WHEREAS: The Buffalo Water Board was created to operate, maintain and improve the water system in a manner that supports economic development and to provide customers with cost effective, reliable and professional water services; and WHEREAS: Pursuant to New York State's Public Authorities Law sec. 1048 -f (2), the Buffalo Water Board shall consist of seven members appointed by the Mayor and confirmed by the Common Council of the City of Buffalo; and WHEREAS: For some time, there have been three vacancies on the seven member Buffalo Water Board; and WHEREAS: The four individuals who currently serve as Directors on the Buffalo Water Board all voted to effectuate a water rate hike at a recent meeting, despite the fact that only hours earlier those in attendance at a public hearing in Common Council Chambers spoke out unanimously against this proposed rate hike; and WHEREAS: The Common Council lacks the power to approve or deny changes to water rates passed by the Buffalo Water Board due to the fact that they are a separate governmental entity from the City of Buffalo under New York State law; and WHEREAS: Many people have expressed outrage that a small number of non - elected appointees were able to unilaterally make a decision of this magnitude in raising water rates, over the vehement objections of the public and city elected officials, and have openly questioned whether city residents are being adequately represented by a non - elected board that continues to operate despite vacancies in nearly half of the Director positions; and NOW, THEREFORE BE IT RESOLVED, That the Common Council requests that the Mayor in all expediency appoint three individuals to fill the vacant positions on the Buffalo Water Board to allow for maximum citizen representation, improved transparency in board operations, and ensure that the Buffalo Water Board remains accountable to city residents. ADOPTED NO 90 FROM: MR. KEARNS TEMPORARY COMMON COUNCIL APPOINTMENT TO THE ASSESSMENT REVIEW BOARD Whereas: Pursuant to Article 5, Title 1 -A of the New York State Real Property Tax Law, five (5) members of the Assessment Review Board shall be appointed by the Common Council; and Whereas: At this time, a temporary Common Council appointment is available on the Assessment Review Board; and Whereas: Joseph Sole, who currently resides at 171 Park St., is a City of Buffalo resident who is both interested and qualified to serve in this available position; and Now, Therefore, Be It Resolved: That the Common Council hereby appoints Joseph Sole, residing at 171 Park St. in the City of Buffalo, to serve as a temporary Common Council appointment to the Assessment Review Board. ADOPTED NO 91 BY: COUNCILMEMBER LOCURTO SET PUBLIC HEARING LEASE RENEWAL - 628 WASHINGTON CLURCZAK AND COMPANY WHEREAS, the City of Buffalo Urban Renewal Agency and Ciurczak and Company have negotiated an agreement to lease the property known as 628 Washington Street; and; WHEREAS, the terms of said Lease Agreement have been approved by the City of Buffalo Urban Renewal Agency; and WHEREAS, Article 15A of the "General Municipal Law" requires that the disposition of land may be approved only after a public hearing with due notice. NOW, THEREFORE, BE IT RESOLVED: 1. That the City Clerk is hereby directed to publish the notice attached hereto and marked "Notice of Hearing" in the Buffalo News, no later than the 22 day of January 2010. 2. That this Common Council will conduct a Public Hearing on the matter stated in said "Notice of Hearing" at 2:00 P.M. in the Council Chambers on the 2nd of February 2010. ADOPTED NO 92 BY: COUNCILMEMBER LOCURTO APPROVAL TO LEASE 628 WASHINGTON STREET - CLURCZAK AND COMPANY WHEREAS, the City of Buffalo Urban Renewal Agency (BURA) has approved a Lease Agreement between BURA and Ciurczak and Company; and WHEREAS, the City Clerk has published a Notice of Public Hearing, as required by Section 507, Subdivision 2(d) of the "General Municipal Law" and NOW, THEREFORE, BE IT RESOLVED: 1. That the Mayor, the Chairman, Vice - Chairman, or any duly authorized officer of the City of Buffalo Urban Renewal Agency is hereby authorized to execute any and all documents necessary to lease the property known as 628 Washington Street to Ciurczak and Company which is which is subject to approval of Agency Legal Counsel. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO 93 SPONSOR: MICHAEL J. LOCURTO LOWERING CITY ENERGY COSTS BY SWITCHING OVER TO COMPACT FLUORESCENT LIGHTING Whereas: The City of Buffalo has taken numerous steps to reduce its electrical costs but City Hall still uses energy- wasting incandescent light bulbs in its hallways, offices, and conference rooms. Further, approximately 90 percent of the power consumed by an incandescent light bulb is emitted as heat, rather than as visible light; and Whereas: Compact Fluorescent Light ( "CFL ") bulbs uses 75 percent less energy and last 10 times longer than incandescent light bulbs, and changing to CFL bulbs is a green initiative that reduces the need for electricity and reduces greenhouse gases that are a byproduct of electricity generation that lead to global climate change; and Whereas: ENERGY STAR qualified CFL bulbs, must pass extensive testing to ensure they produce only the highest quality light, can save about $30 in energy costs over their lifetime and can pay for themselves in as little as 6 months; and Whereas: The New York State Energy Research and Development Authority ( "NYSERDA ") has spearheaded multiple initiatives to encourage New York State residents and municipalities to save energy and protect the environment; and Now, Therefore, Be It Resolved: that the City of Buffalo Common Council supports NYSERDA's mission to save energy and protect the environment by using compact fluorescent light bulbs; And, Be It Further Resolved: that the City of Buffalo Common Council request of the Department of Public Works, Parks and Streets that they remove all existing incandescent light bulbs within City Hall and replace them with ENERGY STAR qualified compact fluorescent light bulbs and that the Department of Public Works report back to the Common Council of the successfulness of this initiative or the impediments thereto; And, Be It Finally Resolved: that this matter be referred to the Common Council Committee on Finance for further discussion and review. ADOPT 1st & 2nd RESOLVE, REFER REMAINDER TO THE COMMIITTEE ON FINANCE NO 94 BY: MS. RUSSELL BUDGET AND PERSONNEL AMENDMENT 25 - HUMAN RESOURCES 1055 - COMPENSATION AND BENEFITS 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 25 - Human Resources, 1055 - Compensation and Benefits which currently reads: 7 Compensation and Benefit Specialist $39,089 - $45,152 Is hereby amended to read: 1 Senior Accountant $43,484 - $48,930 6 Compensation and Benefit Specialist $39,089 - $45,152 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 KARLA THOMAS, COMMISSIONER OF HUMAN RESOURCES AND DONNA J. ESTRICH, DIRECTOR OF BUDGET, ADMINISTRATION AND FINANCE, hereby certify that the above change is necessary for the proper conduct, administration and performance of essential services of that department. We recommend that the compensation for said position be fixed at the respective amount set forth in the foregoing ordinance. PASSED AYES -9 NOES -0 NO 95 BY: MS. RUSSELL BUDGET AND PERSONNEL AMENDMENT DEPARTMENT OF PUBLIC WORKS - STREETS ENTERPRISE 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 Department of Public Works 5200 -51 -1260 - Streets Enterprise is hereby amended with the addition: 51 -1260 1 Recycling Coordinator $46,200 - $51,100 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 STEVEN J. STEPNIAK, COMMISSIONER OF PUBLIC WORKS, PARKS & RECREATION AND DONNA J. ESTRICH, DIRECTOR OF BUDGET, ADMINISTRATION AND FINANCE, hereby certify that the above change is necessary for the proper conduct administration and performance of essential services of that department. We recommend that the compensation for said position be fixed at the respective amount set forth in the foregoing ordinance. PASSED AYES -9 NOES -0 NO 96 BY: MR. SMITH BUDGET AMENDMENTS Whereas: Article 3 -7 gives the Common Council of the City of Buffalo the duty to adopt the annual operating budget of the city of Buffalo; and Whereas: In the City Budget process, the Mayor initially proposes the budget and after review the Council has the option to amend the budget; and Whereas: There is no law, article or code which dictates a length of time for a review of written budget amendments or technical changes; and Whereas: A local law must be laid on the table in its final form at least seven calendar days exclusive of Sunday prior to its final passage; and Whereas: In any budgetary process transparency is essential, especially in closed negotiations between the Legislative and Executive Branch; and Whereas: Final budget amendments and technical changes should have at least 48 table wait before a final vote to allow for proper review or inspection of documents by the documents by the general public and Council; and Whereas: Modification of rules and regulations in the adoption of budgetary amendments and technical changes are integral steps in reform. Now, Therefore, Be It Resolved That: All Budgetary amendments by the Common council made during the yearly budgetary process be laid on the table and made available for assessment at least 48 hours prior to passage exclusive of Saturday and Sunday. REFERRED TO THE COMMITTEE ON LEGISLATION NO 97 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 • Roxanne M. Chase • Richard E. Wall • Maria R. Arinci • Carin A. Miklos • Rose M. Hernandez • Tiffany C. Rias • Sonaly Pagan TOTAL 7 ADOPTED NO 98 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: • Melissa M. Fratello TOTAL ADOPTED NO 99 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 26, 2010 at 9:45 o'clock A.M. Committee on Finance Tuesday, January 26, 2010 at 10:00 o'clock A.M. following Civil Service Committee on Comm. Dev. Tuesday, January 26, 2010 at 1:00 o'clock P.M. Committee on Legislation Tuesday, January 26, 2010 at 2:00 o'clock P.M. Committee on Claims Wednesday, January 27, 2010 at 11:00 o'clock A.M. (Public Disclaimer): All meetinas are subiect to chanae and cancellation by the respective Chairmen of Council Committees. In the 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. On a motion by Mr. Fontana, Seconded by Mrs GERALD CHWALINSKI CITY CLERK Jan 19, 2010 1. Call for Special Session 2. Appoint Ellicott District Councilmember 3. Adjourn NO 100 ADJOURNMENT Russell, the Council adjourned at 2:40 PM SPECIAL SESSION January 14, 2010 AT 3:00 P.M. R &F ADOPT R &F NO. 1 CALL FOR SPECIAL SESSION January 13, 2010 Mr. Gerald A. Chwalinski City Clerk 1308 City Hall Buffalo, New York Dear Mr. Chwalinski: Pursuant to Section 3.9 of the Charter of the City of Buffalo, upon the written request of Five Councilmembers, dated January 13, 2010 presented to you herewith, I hereby call a Special Meeting of the Common Council to be held in the Council Chambers, City Hall, Buffalo, New York, on January 14, 2010 at 3:00 P.M. for the following purpose: To receive and take appropriate action on: All Items Relating To 1.) Appoint Ellicott District Councilmember Yours very truly, David A. Franczyk President of the Council January 13, 2010 Hon. David A. Franczyk President Common Council 1315 City Hall Buffalo, New York Dear Sir: WE, the undersigned, members of the Common Council, hereby request that you call a Special Meeting of the Common Council, pursuant to Section 3.9 of the Charter of the City of Buffalo, for the following purpose: To receive and take appropriate action on All Items Relating To 1.) Appoint Ellicott District Councilmember We request that this Special Meeting be held on January 14, 2010 at 3:OOP.M. David A. Franczyk Michael J. LoCurto David A. Rivera Michael P. Kearns Richard A. Fontana Pursuant to Rule 2 of the Rules of Order of the Common Council of the City of Buffalo, each of the following named members of the Common Council to wit: RICHARD A. FONTANA JOSEPH GOLOMBEK MICHAEL P. KEARNS MICHAEL LOCURTO DAVID A. RIVERA BONNIE E. RUSSELL DEMONE SMITH hereby states that he /she received twenty -four (24) hours' notice of the time and purpose of the Special Meeting of the Common Council duly called to be held on January 14, 2010 at :3:00 P.M. Michael J. LoCurto Joseph Golombek Jr. David A. Rivera Demone Smith Michael P. Kearns Bonnie E. Russell Richard A. Fontana STATE OF NEW YORK COUNTY OF ERIE) ss: CITY OF BUFFALO) On this 13th day of January 2010, before me, the subscribers, personally appeared To me known to be the same persons described in and who executed the foregoing instrument, and they duly and severally acknowledged to me that they executed the same. Gerald A. Chwalinski Commissioner of Deeds, in and for the City of Buffalo, N.Y. My Commission expires 12/31/10 January 13, 2010 TO EACH MEMBER OF THE COMMON COUNCIL: YOU ARE HEREBY NOTIFIED that, pursuant to Section 3.9 of the Charter of the City of Buffalo, upon the written request of Five Councilmembers, dated January 13, 2010, DAVID A. FRANCZYK, President of the Common Council, has called a Special Meeting of the Common Council, to be held in the Council Chambers, City Hall, Buffalo, New York, on January 14, 2010 at 3:00 P.M. for the following purpose: To receive and take appropriate action on all items relating to 1.) Appoint Ellicott District Councilmember Yours very truly, Gerald A. Chwalinski City Clerk NO. 2 APPOINT ELLICOTT DISTRICT COUNCILMEMEBER WHEREAS: Section 3 of the Charter of the City of Buffalo authorizes the Common Council to fill a vacancy in the office of District Councilmember by appointment of a qualified resident of the same political party and district as the district councilmember whose place is vacant; and WHEREAS: A vacancy exists in the office of Ellicott District Councilmember; Mr. Smith placed in nomination the name of Rev. Darius Pridgen for the office of Ellicott District Councilmember, seconded by Mrs. Russell. Mr. Golombek placed in nomination the name of Ms. Marilyn Rodgers for the office Ellicott District Councilmember, seconded by no second. Mr. Fontana placed in nomination the name of Dr. Curtis Haynes Jr. for the office of Ellicott District Councilmember, seconded by Mr. Rivera. There being no further nominations for Ellicott District Councilmember, the floor is now closed for nominations. A vote being taken, each member of the Common Council, as their name was called, announced their choice as follows: Fontana Haynes Franczyk Haynes Golombek Haynes Kearns Haynes LoCurto Haynes Rivera Haynes Russell Pridgen Smith Pridgen Haynes — 6 Pridgen - 2 NO. 3 ADJOURNMENT On a motion by Councilmember Fontana, Seconded by Councilmember Haynes, the Council adjourned at 3:25 PM GERALD A. CHWALINSKI CITY CLERK