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Home My WebLink About08-1223-1215ss-1216ss (2) No. 24 PROCEEDINGS OF THE CITY OF BUFFALO December 26, 2008 SPECIAL SESSIONS DECEMBER 15, 2008 DECEMBER 16, 2008 MAYOR Hon. Byron W. Brown COMPTROLLER Andrew Sanfilippo COMMON COUNCIL PRESIDENT OF THE COUNCIL FILLMORE DISTRICT DAVID A. FRANCZYK PRESIDENT PRO TEMPORE SOUTH DISTRICT MICHAEL P. KEARNS MAJORITY LEADER LOVEJOY DISTRICT RICHARD A. FONTANA DISTRICT COUNCIL MEMBERS BRIAN C. DAVIS – ELLICOTT DEMONE A. SMITH – MASTEN MICHAEL J. LO CURTO – DELAWARE JOSEPH GOLOMBEK JR. – NORTH DAVID A. RIVERA- NIAGARA BONNIE C. RUSSELL REGULAR COMMITTEES CIVIL SERVICE COMMITTEE: Bonnie E. Russell Chairman, Brian C. Davis, Michael P. Kearns, David A. Rivera, Joseph Golombek Jr. -Members CLAIMS COMMITTEE: David A. Rivera Chairman, Michael P. Kearns, Richard A. Fontana, Bonnie E. Russell - Members COMMUNITY DEVELOPMENT COMMITTEE: Michael LoCurto, Chairman, Richard A. Fontana, Joseph Golombek Jr., David A. Rivera, Demone Smith - Members FINANCE COMMITTEE: Michael P. Kearns, Chairman, Brian C. Davis, Michael J. LoCurto, David A. Rivera, Bonnie E. Russell - Members. LEGISLATION COMMITTEE: Joseph Golombek Jr., Chairman, Brian Davis, Richard A. Fontana, Michael LoCurto, David Rivera-Members. RULES COMMITTEE: David A. Franczyk, Chairman, Michael P. Kearns, Richard A. Fontana - Members SPECIAL COMMITTEES BUDGET COMMITTEE: Richard A. Fontana., Chairman, Michael P. Kearns, Michael J. LoCurto, Demone Smith - Members EDUCATION COMMITTEE: Demone Smith, Chairman, Brian C. Davis, Richard A. Fontana, Members MINORITY BUSINESS ENTERPRISE COMMITTEE: Demone Smith Chairman, Brian C. Davis, Richard A. Fontana, Joseph Golombek, Jr , David A. Rivera, Members POLICE OVERSIGHT: Brian C. Davis, Chairman, Richard A. Fontana, David A. Rivera, Bonnie E. Russell, Demone Smith – Members PUBLIC TRANSPORTATION: Michael P. Kearns, Chairman, Richard A. Fontana, Michael J. LoCurto, David A. Rivera - Members WATERFRONT DEVELOPMENT COMMITTEE: Michael P. Kearns, Chairman, Brian C. Davis, Joseph Golombek, Jr, David A.Rivera, members INVOCATION PLEDGE TO FLAG DATE December 23, 2008 FINAL MAYOR 1. 2009 Capital Budget Veto Message TABLE 2. Extension of Tax Assessment Grievance Period APP 3. Suspend Parking Meter Enforcement on Christmas Eve APP MAYOR – EXECUTIVE 4. Strat Plan-Results Neg-49 Churchill (North) APP 5. Strat Plan-Results Neg-1477 E. Delavan(Lov) APP 6. Strat Plan-Results Neg-104 Elmer (Univ) APP 7. Strat Plan-Results Neg-537 Fillmore(Fill) CD 8. Strat Plan-Results Neg-187 Fourteenth(Nia) CD 9. Strat Plan-Results Neg-318 Glenwood (Mas) APP 10. Strat Plan-Results Neg-23 Hauf (Mas) CD 11. Strat Plan-Results Neg-359 Hudson (Ell) CD 12. Strat Plan-Results Neg-66 Miller (Fill) CD 13. Strat Plan-Results Neg-628, 630 and 634 E. North(Ell) CD 14. Strat Plan-Results Neg-97 Potomac (Nia) CD 15. Strat Plan-Results Nrg-143 Potomac (Nia) CD 16. Strat Plan-Results Neg-213 Sobieski (Fill) APP 17. Strat Plan-Results Neg-38 St Louis (Fill) CD PUBLIC WORKS 18. Notification Serial-#10255 Waive 45 Days R&F 19. B. Davis-R. Alsheimer-Intersection of Edward & Elmwood Changed to Two Way Traffic(Ell) LEG,PW 20. Change in Contract- Bailey Genesee Fire Station(Lov) APP 21. B. Fegley & O-Req 3 Way Stop at Avery & Virgil(Del) LEG, PW 22. Perm to Engage Services of Consulting Firm-Citywide Tree Mngt FIN 23. Perm to Engage Services of Consulting Firm-Rehab Waterline Insulation, Leak Repairs and Replacement-Kensington Expy(Mas) APP 24. Handicap Ramp Within City ROW-682 Abbott Rd(South) APP 25. Appt Heavy Equipment Operator(Prov)(Second)(Ferril) CS 26. Appt Exterminator (Prov)(Max)(LaVango) CS POLICE 27. Perm to Accept Various Grants and Approval for Interfund Cash Loans APP CORPORATION COUNSEL 28. Lease Agreement Btwn Buffalo Naval Park and COB APP PERMITS AND INSPECTIONS 29. Food Store License-572 S. Division(Fill) LEG 30. Food Store License-431 Grant (Nia) LEG 31. Food Store License-1981 Niagara (North) APP 32. Food Store License-108 William (Ell) LEG 33. Appt Director of Housing and Inspections(Exempt)(Sole Jr) CS HUMAN RESOURCES 34. Appt Secretary to Comm of HR (Exempt)(Flat)(White) CS 35- 34A Appt Compensation & Benefits Specialist (Prov)(Inter)(Machin) CS CITIZENS RIGHTS & COMMUNITY RELATIONS 36- 35. Testimony of C. Rodriguez in Regards to Lt. Kwiatkowski POL OV CITY CLERK 37- 36. Mayor Reported Out of State R&F 38- 37. Liquor License Applications R&F 39- 38. Leaves of Absence R&F 40- 39. Reports of Attendance R&F 41- 40. Notices of Appointment-Seasonal R&F 42- 41. Notices of Appointments- Temp/Prov/Perm CS 43- 41A Notices of Appointment-Temp/Prov/Perm CS MISCELLANEOUS 44- 42. D. Adams-Legal Aid Monthly Report October & November 2008 R&F 45- 43. R. Fontana-Response Mayors Veto -2009 Capital Improvement Budget TABLE 46- 44. M. Kearns-Executive Summary of Skyway Study W/FRONT 47- 45. M. Kearns-NYSDEC Comments on Lehigh Valley Railroad W/FRONT 48- 46. M. Kearns-Rock Harbor Commons Handbook W/FRONT 49- 47. J. Kowalski-NYSDOT Accepts Completed Work Route 198 R&F 50- 48. O. McFoy-Monthly Water Board Report November 2008 R&F 51- 48A D. Sach-SEQR Requirements for Elmwood Village Design Standards- Amendment to the Charter CD PETITIONS 52- 49. K. Lang, Owner, Use 1900 Hertel Ave For an Outdoor Patio(Univ)(hrg 12/30) LEG,CPBD 53- 49A K. Elliott, Owner, Use 810 Elmwood For A Restaurant(North)(hrg 12/30) LEG,CPBD 54- 50. E. Sahal, Agent, Use 1010 Main Street For a HSF(Ell)(no pub hrg) LEG,CPBD RESOLUTIONS 96- 50A Davis NYSDOT-Req Perm to Use COB Streets as Alt Routes to Perform Maintenance and Repairs to Bridges-I 90 FIN,PW 97- 50B Fontana Excuse Councilmember Davis From Meeting ADOPT 98- 51. Smith Amendments to 2009 Capital Budget LEG 99- 52. Smith Comm of Deeds Public Duties ADOPT 100- 53. Smith Comm of Deeds ADOPT SUBMISSION LIST OF COMMITTEE ITEMS FOR THE COUNCIL MEETINGS CLAIMS PERSONAL INJURY 55- A-1 John Butler $ 3,5000.00 APP A-2 Ulysses Foster $25,000.00 APP A-3 Patricia Pabon $75,000.00 APP A-4 Kelly Wegryzn $ 3,000.00 APP A-5 Deborah Allen $35,000.00 APP A-6 Ida DiPalma $ 4,200.00 APP A-7 Demmis D’Auria $30,000.00 APP PROPERTY DAMAGE 56- B-1 Kelly Basile $ 449.79 APP B-2 Briget Brown $ 546.44 APP B-3 Richard Fininzio $ 37.00 APP B-4 First Niagara Bank $ 5,700.00 APP B-5 Melissa Gokey $ 179.43 APP B-6 James Greenberg $ 2,000.00 APP B-7 Concetta Grieco $ 1,275.64 APP B-8 Mary Harrison $ 2,985.50 APP B-9 Gerald Komorowski $ 138.00 APP B-10 Pat Laity $ 175.00 APP B-11 Deborah Lipinski $ 723.00 APP B-12 Calvin Peyton $ 3,270.00 APP B-13 David Sawicki $ 369.74 APP B-14 Dashawn Stroud $ 457.30 APP B-15 Suzanne Todaro $ 140.00 APP MISCELLANEOUS INVOICES 57- C-1 Air Cleaning Systems $ 482.35 APP C-2 Bluepay Inc $ 317.14 APP C-3 Buffalo OccMed LLC $95,359.39 APP C-4 Buffalo Police Benevolent Assn $ 6,922.50 APP C-5 Coventry WC Services $69,066.06 APP C-6 Dreamco Development Corp $34,545.16 APP C-7 Niagara Frontier Trans Authority $ 4,249.98 APP C-8 Xerographic Solutions $ 1,242.00 APP C-9 Xerox Corporation $ 4,608.31 APP C-10 Jimmie Steward $ 439.00 APP CIVIL SERVICE 58- 1. Com 26 Dec 9 Appt Dog Control Officer (Prov)(Max)(Loubert)(PW) APP 59- 2. Com 27 Dec 9 Appt Equipment operator (Prov)(Inter)(Buchnowski)(PW) APP 60- 3. Com 28 Dec 9 Appt Equipment Operator (Temp)(Inter)(Salter)(PW) APP 61- 4. Com 29 Dec 9 Appt Training Officer (Prov)(Max)(Ostroff)(PW) APP 62- 5. Com 45 Dec 9 Candidate Physical Ability Test-Admin Contract (CS Comm) APP 63- 6. Com 46 Dec 9 Candidate Physical Ability-Proctor Test(CS Comm) APP 64- 7. Com 47 Dec 9 Candidate Physical Ability-Proctor Trainer Contract (CS Comm) APP 65- 8. Com 52 Dec 9 Notices of Appointments-Temp/Prov/Perm(Cty Clk) R&F COMMUNITY DEVELOPMENT 66- 9. Com 11 Dec 9 Results Neg 129 Stockbridge (Univ)(Strat Plan) APP 67- 10. No 44 Nov 12 M. Kearns-P. Chadwick-Ledwon-Concerns Property at 821 Elk St W/FRONT 68- 11. No 37 Oct 28 K. Lynch-Foreclosure Study R&F 69- 12. No 87 June 24 Results Neg 441 East Ferry (Mas)(Strat Plan) (#7,4/15)(#81,4/29) APP LEGISLATION 70- 13. Com 6 Dec 9 SEQRA-API Heat Transfer Expansion (Plan Bd) ADOPT 71- 14. Com 7 Dec 9 SEQRA-River Wright Energy Ethanol Plant (Plan Bd) ADOPT 72- 15. Com 8 Dec 9 Report of Auction 2347 Bailey (Lov)(Strat Plan) RECOMMIT 73- 16. Com 9 Dec 9 Report of Auction 1290 East Ferry (Lov)(Strat Plan) RECOMMIT 74- 17. Com 48 Dec 9 NYS Empire Zone-Inclusion of RSP Into Empire Zone #38(Berc) R&F 75- 18. No 54 Dec 9 B. Davis-V. Lepera-Outside Patio-88 W. Chippewa (Ell) RECOMMIT 76- 19. No 55 Dec 9 B.Davis-R. Rienas-PBA and Busti Avenue Properties (Ell) R&F 77- 20. No 58 Dec 9 T. McCarroll-Urging Verizon to Prioritize The COB for FiOS TV Deployment R&F 78- 21. No 60 Dec 9 D. Zapfel, Agent, Use 2525 Bailey Ave for A Ground Sign (Lov)(No Hrg) APP 79- 22. Res 91 Dec 9 LL Intro #7-Amend Article 6 in Relation to the Empire Zone #38 APP 80- 23. No 36 Oct 28 J. Hague-April Update on Illegal Yard Signs 300 Linwood Ave R&F 81- 24. No 38 Oct 28 C. Michener-Request No Parking Sign Oschawa Ave R&F 82- 25. No 30 Oct 14 B. Davis-Chippewa Entertainment District Meter Poles R&F 83- 26. No 55 Sept 30 B. Davis-R. Alsheimer-Intersection Of Edward & Elmwood to Changed To Two Way Traffic R&F 84- 27. Com 53 July 22 Lodging House License-45 W. Chippewa (Ell)(EDPI) RECOMMIT 85- 28. No 52 Feb 5 M. LoCurto-J. Rouche & O-Request Change in Parking Regulations on Harvest Ave(Del) R&F 86- 29. Com 35 Sept 16 Food Store License-465 Best (Ell)(EDPI) RECOMMIT 87- 30. No 102 Apr 15 Food Store License-529 Dodge(Ell)(EDPI)(#28,4/1) RECOMMIT 88- 31. Res 77 Oct 28 Ord Amendment-Ch 264 Rental Dwelling Unit Registration APP EDUCATION 89- 32. Com 50 Sept 2 Dedicating Riverside HS Field to former Coach Charles Dingboom(Bd Ed)R&F 90- 33. Res 122 July 8 Dedicating Riverside HS Field to Former Coach Charles Dingboom stnd (Except 1 & 2 Res) R&F 91- 34. Res 129 July 8 Truancy Ordinance R&F POLICE OVERSIGHT 92- 35 Com 32 Sept 16 Drug Asset Forfeiture Wire Transfers(Pol) R&F 93- 36. Com 79 Sept 30 B. Davis-C. Brown & Others-Request For Changes in Traffic Controls on Hudson St/or Plymouth(#89, 9/2) LEG 94- 37. No 85 Sept 30 B. Davis-C. Rodriguez-Introduction of Mandate of City’s Comm On Citizens Rights & Community Relations(#37, 6/10) R&F 95- 38. No 45 Oct 14 SAFF Reports and current Status(# 31,4/29) R&F FROM THE MAYOR NO. 1 2009 CAPITAL BUDGET VETO MESSAGE I have reviewed the Common Council's action on the 2009 Capital Budget and hereby sustain and approve seven of the Common CounciI's additions while objecting to the remaining five additions as outlined below. In accordance with {}20-26 of the City Charter, I hereby veto and object to the following Common Council additions to my 2009 recommended Capital Budget as I believe that these additions were irresponsible especially given the uncertain economic times at the National, State, and Local levels. I believe that certain of these additions constitute inappropriate pork barrel spending: OBJECTIONS PURSUANT TO §20-26 OF THE CITY CHARTER • Delaware Districtwide Infrastructure Repair/Replacement ($743,150); Fillmore Districtwide Infrastructure Repair/Replacement ($743,150); Lovejoy Districtwide Infrastructure Repair/Replacement ($743,150); Niagara Districtwide Infrastructure Repair/Replacement- Richmond Avenue-Lighting ($150,000) South Districtwide Infrastructure Repair/Replacement ($593,150). However I have sustained the following Common Council additions: SUSTAINED COMMON COUNCIL ADDITIONS • South Districtwide Infrastructure Repair/Replacement of Cazenovia Casino ($150,000); Franklin-Linwood-North Pearl Street Infrastructure Repair/Replacement ($321,680). Masten Districtwide Infrastructure Rapair/Replacement ($593,150); Niagara Districtwide Infrastructure Repair/Replacement ($593,150); Ellicott Districtwide Infrastructure Repair/Replacement ($743,150); North Districtwide Infrastructure Repair/Replacement ($743,150); University Districtwide Infrastructure Repair/Replacement ($743,150); I must first note my strong objection to the Common Council's decision to cut 32% from my recommended capital budget, which was fully consistent with the Citizens Planning Council's recommendations. Although I do not have the authority to veto Common Council deletions, I am compelled to state my objections to these irresponsible actions. In cutting $5,638,354 in Citywide Infrastructure funding (including $1,070,000 in strategic planning funding), the Common Council has greatly jeopardized the City's ability to address significant infrastructure emergencies and has reduced the Department of Public Works' flexibility to manage the City of Buffalo's infrastructure needs in a comprehensive and strategic manner. In addition, I was further disappointed in the Common Council's decision to delete $365,000 earmarked for the police and fire radio system. I do not support such a cut to a necessary public safety project. As you know, both the Police and Fire Commissioners communicated the necessity of this funding in writing. I also disagree with the Common Council's assertion that this project may be funded out of the City's efficiency grant allocations in that the NYS Division of the Budget imposed a $5 million annual spending ceiling with this sum already allocated and consequently unavailable. This year's grants were approved by the Buffalo Fiscal Stability Authority on August 20, 2008 and are in the implementation phase; therefore this is not a legitimate source of money. A $3.3 million capital outlay fund was also indicated as a potential funding source---this does not exist in the budget. Therefore there was no reasonable basis for these deletions. I also must state my objection to the Common Council's $321,680 cut in funding for improvements to City Hall. City Hall is not only a place of business but is also listed on the National Register of Historic Places. My administration has made it a priority to improve the quality of the conditions both externally and internally in City Hall, and the Common Council's action to delete funding has compromised this endeavor. It must also be noted that I have sustained the Common Council's $150,000 addition to the Cazenovia Casino and the $321,680 addition for the Franklin-Linwood-North Pearl Street replacement project as I agree these are important. Also, although I have objected to the additional $150,000 for the Richmond Avenue lighting project, I agree that this is also an important project but believe that it would be most appropriately funded out of the $593,150 added for Niagara Districtwide Infrastructure replacement and my administration will aggressively pursue the implementation of this project. For the foregoing reasons I hereby veto and object to the five Common Council additions as specified in this communication, and return the 2009 Capital Budget to the City Clerk in accordance with Article 20 of the City Charter. LAID ON THE TABLE NO. 2 EXTENSION OF TAX ASSESSMENT GRIEVANCE PERIOD The New York State Real Property Tax Law and the City Charter allows citizens to challenge the assessed valuation of their real property. Owners of real property located in the City of Buffalo are notified by the City of changes to their assessment annually as of December 1 st. The deadline for filing a challenge to the assessed value is December 31st of each year. At this time, when our state and country are facing an economic crisis, I am requesting this Honorable Body to extend the deadline for filing assessment challenges to January 21, 2009. Such an extension will allow citizens who wish to examine their assessment time to research their homes' fair market value, make an educated decision as to whether or not to challenge their assessment, and if so, to file a timely challenge, I ask your Honorable Body to extend the deadline for filing assessment challenges to January 21, 2009. Thank you for your consideration in this matter. Mr. Fontana moved: That the above communication from the Mayor dated December 18, 2008, be received and filed; and That the Common Council extend the deadline for filing tax assessment challenges to January 21, 2009. PASSED AYES - 8 NOES – 0 NO. 3 SUSPEND PARKING METER ENFORCEMENT ON CHRISTMAS EVE In accordance with the City's traffic ordinances as contained in Chapter 479, Section 33(16), I hereby request Your Honorable Body authorize the suspension of all parking meter enforcement on December 23, 2008 and December 24, 2008 in the City of Buffalo, I believe that this measure offers an excellent opportunity to support and promote our commercial districts, while providing a significant benefit to the residents of the City of Buffalo. 1 thank you in advance for joining me in this effort. Mr. Fontana moved: That the above communication from the Mayor dated December 18, 2008, be received and filed; and That the Common Council authorize the suspension of parking enforcement on December 23, 2008 and December 24, 2008 in the City of Buffalo. PASSED AYES - 8 NOES - 0 FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE OFFICE OF STRATEGIC PLANN1NG NO. 4 RESULTS OF NEGOTIATIONS 49 CHURCHILL, 485' N AMHERST LOT SIZE: 25' X 100' ASSESSED VALUATION: $3,400.00 (NORTH DISTRICT) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Richard LaBarba and Mrs. Diana LaBarba, 55 Churchill Road, Buffalo, New York 14207 to purchase 49 Churchill. Mr. and Mrs. LaBarba own and reside at 55 Churchill, which is adjacent to 49 Churchill. They intend to use the vacant lot for additional yard space. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchasers. The Division of Real Estate has investigated the sale of similar lots in the subject area. Sales range from Seventy-Five Cents ($.75) to One Dollar and Eighty-Five Cents ($1.85), per square foot. The results of our negotiations are that Mr. and Mrs. LaBarba have agreed and are prepared to pay One Thousand Nine Hundred Dollars ($1,900.00), Seventy Five Cents ($.75) per square foot for 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 49 Churchill to Mr. and Mrs. LaBarba in the amount of One Thousand Nine Hundred Dollars ($1,900.00). 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. . Mr. Fontana moved That the above Communication from the Office of Strategic Planning dated December 6, 2008 be received and filed and That the offer from Mr. and Mrs Richard LaBarba, residing at 55 Churchill Road, Buffalo, NY 14207 in the sum of $1,900.00 for the purchase of 45 Churchill be and hereby is accepted and That the transfer tax, recording fees and cost of legal description shall be paid by purchaser and That the Office of Strategic Planning be authorized to prepare the necessary document for the transfer of title and that The Mayor be authorized to execute the same in accordance with the terms of sale upon which the offer was submitted PASSED AYES - 8 NOES – 0 NO. 5 RESULTS OF NEGOTIATIONS 1477 EAST DELAVAN, E COR. FREUND LOT SIZE: 31' X 120' ASSESSED VALUATION: $3,700.00 (LOVEJOY DISTRICT) The Office of Strategic Planning, Division of Real Estate has received a request from Mrs. Kimberly Williams, 11 Winkler Road, Cheektowaga, New York 14225 to purchase 1477 East Delavan. Mrs. Williams owns a two family house at 1479 East Delavan, which is adjacent to 1477 East Delavan. She intends to use the vacant lot for additional yard 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 One Dollar ($1.00) to Two Dollars ($2.00), per square foot. The results of our negotiations are that Mrs. Williams has agreed and is prepared to pay Four Thousand Seven Hundred Dollars ($4,700.00), One Dollar and Twenty Five Cents ($1.25) 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 1477 East Delavan to Mrs. Kimberly Williams in the amount of Four Thousand Seven Hundred Dollars ($4,700.00). 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. Mr. Fontana moved That the above Communication from the Office of Strategic Planning dated December 8, 2008 be received and filed and That the offer from Mrs. Kimberly Williams, 11 Winkler Rd, Cheektowaga, NY 14225 to Purchase 1477 East Delevan in the sum of $4,700.00 for the purchase of and that the transfer tax, recording fees and cost of legal description shall be paid by purchaser and That the Office of Strategic Planning be authorized to prepare the necessary document for the transfer of title and that The Mayor be authorized to execute the same in accordance with the terms of sale upon which the offer was submitted PASSED AYES - 8 NOES – 0 NO. 6 RESULTS OF NEGOTIATIONS 104 ELMER, 297' N HUTCHINSON LOT SIZE: 33'X 112' ASSESSED VALUATION: $4,100.00 (UNIVERSITY DISTRICT) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Dewitt D. Overton and Mrs. Mary L. Overton, 108 Elmer Street, Buffalo, New York 14215 to purchase 104 Elmer. Mr. and Mrs. Overton own and reside at 108 Elmer, which is adjacent to 104 Elmer. They intend to use the vacant lot for additional yard space. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchasers. The Division of Real Estate has investigated the sale of similar lots in the subject area. Sales range from Sixty Cents ($.60) to One Dollar and Ten Cents ($1.10), per square foot. The results of our negotiations are that Mr. and Mrs. Overton have agreed and are prepared to pay Two Thousand Two Hundred Dollars ($2,200.00), Sixty Cents ($.60) per square foot for 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 104 Elmer to Mr. and Mrs. Overton in the amount of Two Thousand Two Hundred Dollars ($2,200.00). 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. Mr. Fontana moved That the above Communication from the Office of Strategic Planning dated December 9, 2008 be received and filed and That the offer from Mr. & Mrs. Dewitt Overton, residing at 108 Elmer St, Buffalo, NY to Purchase 104 Elmer in the amount of $2,200.00 be and hereby is accepted and that the transfer tax, recording fees and cost of legal description shall be paid by purchaser and That the Office of Strategic Planning be authorized to prepare the necessary document for the transfer of title and that The Mayor be authorized to execute the same PASSED AYES - 8 NOES – 0 NO. 7 RESULTS OF NEGOTIATIONS 537 FILLMORE, N COR. PECKHAM LOT SIZE: 30' X 125' ASSESSED VALUATION: LAND $2,800.00 IMPROVEMENT: $35,900.00 TOTAL: $38,700.00 (FILLMORE DISTRICT) The Office of Strategic Planning, Division of Real Estate has received a request from Ms. Beverly M. McLean, 66 Summer Place, Apartment 4H, Buffalo, New York 14209 to purchase 537 Fillmore Avenue. Ms. McLean intends to renovate the dwelling and reside at 537 Fillmore. The estimated cost of renovations is Thirty Six Thousand Dollars ($36,000.00). She has provided proof of financial ability to complete the purchase and repairs. The property consists of 2,678 square feet, two story one family brick dwelling in poor condition situated on a lot 30' x 125'. The property was acquired by the City through In Rem #41 in November 2007. There have been no 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 Division of Real Estate has investigated the sale of similar properties in the subject area. Sales range from One Dollar and Thirty Cents ($1.30) to Two Dollars ($2.00), per square foot, land value. The structure contributes little or no value to the overall market value of the subject property. The results of our negotiations are that Ms. McLean has agreed and is prepared to pay Four Thousand Nine Hundred Dollars ($4,900), One Dollar and Thirty Cents ($1.30) 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 537 Fillmore to Ms. Beverly McLean in the amount of Four Thousand Nine Hundred Dollars ($4,900). 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 NO. 8 RESULTS OF NEGOTIATIONS 537 FILLMORE RESULTS OF NEGOTIATIONS 187 FOURTEENTH, 110' SE CONNECTICUT LOT SIZE: 30' X 150' ASSESSED VALUATION: LAND $5,300. IMPROVEMENT: $37,600. TOTAL $42,900. (NIAGARA DISTRICT) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Michael J. Brennan, 55 Beech Avenue, Lackawanna, New York 14218 to purchase 187 Fourteenth Street. Mr. Brennan intends to renovate the dwelling and use as a place of residence. He has provided proof of financial ability to complete the purchase and repair the property. The property consists of 1,892 square feet, two family four bedroom frame home situated on a lot 30' x 150'. The property was acquired by the City through In Rem #39 in October 2006. There have been no serious offers for the property since being acquired by the City. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. The Division of Real Estate has investigated the sale of similar properties in the subject area. Sales range from Ninety Cents ($.90) to One Dollar and Thirty Cents ($1.30), per square foot of living area. The results of our negotiations are that Mr. Michael Brennan has agreed and is prepared to pay Five Thousand Three Hundred Dollars ($5,300.00), One Dollar and Seventeen Cents ($1.17) per square foot of riving area for the subject property. 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 sate of 187 Fourteenth Street to Mr. Michael Brennan in the amount of Five Thousand Three Hundred Dollars ($5,300.00). 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 NO. 9 RESULTS OF NEGOTIATIONS 318 GLENWOOD, 76' E JEFFERSON LOT SIZE: 31' X 44' ASSESSED VALUATION: $1,200.00 (MASTEN DISTRICT) The Office of Strategic Planning, Division of Real Estate has received a request from Mrs. Sandra Bynum, 324 Glenwood Avenue, Buffalo, New York 14208 to purchase 318 Glenwood. Mrs. Bynum owns and resides at 324 Glenwood, which is adjacent to 318 Glenwood. She intends to use the vacant lot for additional yard space. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. The Division of Real Estate has investigated the sale of similar lots in the subject area. Sales range from Fifty Five Cents ($.55) to Seventy Cents ($.70), per square foot. The results of our negotiations are that Mrs. Bynum has agreed and is prepared to pay Nine Hundred Fifty Dollars ($950.00), Seventy Cents ($.70) 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 318 Glenwood to Mrs. Sandra Bynum in the amount of Nine Hundred Fifty Dollars ($950.00). 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. Mr. Fontana moved: That the above communication from the Office of Strategic Planning dated December 6, 2008, be received and filed; and That the offer from Mrs. Sandra Bynum, residing at 324 Glenwood, in the sum of nine hundred and fifty dollars ($950.00) for the purchase of 318 Glenwood, be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES - 8 NOES - 0 NO. 10 RESULTS OF NEGOTIATIONS 23 HAUF, 130' S GLENWOOD LOT SIZE: 30' X 119' ASSESSED VALUATION: $2,000.00 (MASTEN DISTRICT) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. William Robinson, 21 Hauf Street, Buffalo, New York 14208 to purchase 23 Haul. Mr. Robinson owns and resides at 21 Hauf, which is adjacent to 23 Hauf. He intends to use the vacant lot for additional yard space. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. The Division of Real Estate has investigated the sale of similar lots in the subject area. Sales range from Forty Four Cents ($.44) to Sixty Five Cents ($.65), per square foot. The results of our negotiations are that Mr. Robinson has agreed and is prepared to pay One Thousand Five Dollars ($1,500.00), Forty Four Cents ($.44) per square foot for the subject property. 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 23 Hauf to Mr. William Robinson in the amount of One Thousand Five Hundred Dollars ($1,500.00). 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 NO. 11 RESULTS OF NEGOTIATIONS 359 HUDSON, 346' SW WADSWORTH LOT SIZE: 26' X 115' ASSESSED VALUATION: $4,200.00 (ELLICOTT DISTRICT) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Charles HT Saunders and Mrs. Mary Simpson Saunders, 17 Days Park, Buffalo, New York 14201 to purchase 359 Hudson. Mr. and Mrs. Saunders own the single family home at 44 Days Park, which is adjacent to 359 Hudson. They intend to use the vacant lot for additional yard space. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchasers. The Division of Real Estate has investigated the sale of similar lots in the subject area. Sales range from Ninety Cents ($.90) to One Dollar and Fifty Cents ($1.50), per square foot. The results of our negotiations are that Mr. and Mrs. Saunders have agreed and are prepared to pay Three Thousand Dollars ($3,000.00), One Dollar ($1.00) per square foot for 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 359 Hudson to Mr. and Mrs. Saunders in the amount of Three Thousand Dollars ($3,000.00). 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 NO. 12 RESULTS OF NEGOTIATIONS 66 MILLER, 650.85' N BROADWAY LOT SIZE: 35' X 97' ASSESSED VALUATION: $3,800.00 (FILLMORE DISTRICT) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Loren D. Crowden, 8445 North Main Street, Eden, New York 14057 to purchase 66 Miller. Mr. Crowden owns an apartment type building at 74 Miller, which is adjacent to 66 Miller. He intends to use the vacant lot for additional yard space. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. The Division of Real Estate has investigated the sale of similar lots in the subject area. Sales range from Forty Five Cents ($.45) to Sixty Five Cents ($.65), per square foot. The results of our negotiations are that Mr. Crowden has agreed and is prepared to pay One Thousand Five Hundred Dollars ($1,500.00), Forty Five Cents ($.45) per square foot for the subject property. 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 66 Miller to Mr. Loren Crowden in the amount of One Thousand Five Hundred Dollars ($1,500.00). 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 NO. 13 RESULTS OF NEGOTIATIONS 628 E. NORTH, 67' W HERMAN LOT SIZE: 34' X 126' ASSESSED VALUATION: $1,800.00 630 E. NORTH, 32'W HERMAN LOT SIZE: 35' X 126' ASSESSED VALUATION: $1,900.00 634 E. NORTH, W COR. HERMAN LOT SIZE: 32' X 126' ASSESSED VALUATION: $1,700.00 (ELLICOTT DISTRICT) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Alonzia L. Stevens and Mrs. Lena D. Stevens, 618 East North Street, Buffalo, New York 14211 to purchase the above referenced properties. Mr. and Mrs. Stevens own and reside at 618 East North and also own a one family house at 620 East North and a vacant lot at 618 East North, which are all adjacent to the lots at 628, 630 and 634 East North. They intend to beautify the area and use the vacant lots for additional yard space. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchasers. The Division of Real Estate has investigated the sale of similar lots in the subject area. Sales range from Twenty Five Cents ($.25) to Fifty Cents ($.50), per square foot. The results of our negotiations are that Mr. and Mrs. Stevens have agreed and are prepared to pay Five Thousand Four Hundred Dollars ($5,400.00), Forty Two Cents ($.42) per square foot for the subject properties. 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 628, 630 and 634 East North to Mr. and Mrs. Stevens in the amount of Five Thousand Four Hundred Dollars ($5,400.00). 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 NO. 14 RESULTS OF NEGOTIATIONS 97 POTOMAC, 145' W DEWITT LOT SIZE: 22' X 99' ASSESSED VALUATION: $2,900.00 (NIAGARA DISTRICT) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Brian M. Bonvissuto of 244 Dewitt LLC, 244 Dewitt Avenue, Buffalo, New York 14213 to purchase 97 Potomac. Mr. Bonvissuto owns downtown row type buildings at 244 and 246 Dewitt and residential vacant lots at 99, 103 and 105 Potomac, which are all adjacent to each other. He intends to beautify the area and use the vacant lot for additional green space. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. The Division of Real Estate has investigated the sale of similar lots in the subject area. Sales range from Seventy Five Cents ($.75) to One Dollar and Fifty Cents ($1.50), per square foot. The results of our negotiations are that Mr. Bonvissuto has agreed and is prepared to pay Two Thousand Two Hundred Dollars ($2,200.00), One Dollar ($1.00) per square foot for the subject property. 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 97 Potomac Avenue to Mr. Brian Bonvissuto of 244 Dewitt LLC in the amount of Two Thousand Two Hundred Dollars ($2,200.00). 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 NO. 15 RESULTS OF NEGOTIATIONS 143 POTOMAC, 152.50' E DEWITT LOT SIZE: 27' X 107' ASSESSED VALUATION: $2,500.00 (NIAGARA DISTRICT) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Brian M. Bonvissuto, 137 Crosby Boulevard, Amherst, New York 14226 to purchase 143 Potomac. Mr. Bonvissuto owns a warehouse building at 121 Potomac in which 123 and 127 Potomac have been combined with 121 Potomac. He also owns the vacant lot at 139 Potomac, which is adjacen. Mr. Bonvissuto intends to use the vacant lot for additional green space for his building at 121 Potomac. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. The Division of Real Estate has investigated the sale of similar lots in the subject area. Sales range from Seventy Five Cents ($.75) to One Dollar and Fifty Cents ($1.50), per square foot. The results of our negotiations are that Mr. Bonvissuto has agreed and is prepared to pay Two Thousand Five Hundred Dollars ($2,500.00), One Dollar ($1.00) per square foot for the subject property. 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 143 Potomac Avenue to Mr. Brian Bonvissuto in the amount of Two Thousand Five Hundred Dollars ($2,500.00). 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 NO. 16 RESULTS OF NEGOTIATIONS 213 SOBIESKI, 133.13' N SYCAMORE LOT SIZE: 34' X 99' ASSESSED VALUATION: $1,700.00 (FILLMORE DISTRICT) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Mohammed Asif Iqbal, 215 Sobieski, Buffalo, New York 14211 to purchase 213 Sobieski. Mr. Iqbal owns and resides at 215 Sobieski, which is adjacent to 213 Sobieski. He intends to use the vacant lot for additional yard space. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. The Division of Real Estate has investigated the sale of similar lots in the subject area. Sales range from Forty Cents ($.40) to Sixty Cents ($.60), per square foot. The results of our negotiations are that Mr. Iqbal has agreed and is prepared to pay One Thousand Seven Hundred Dollars ($1,700.00), Fifty Cents ($.50) per square foot for the subject property. 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 213 Sobieski to Mr. Mohammed Asif Iqbal in the amount of One Thousand Seven Hundred Dollars ($1,700.00). 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. Mr. Fontana moved: That the above communication from the Office of Strategic Planning dated December 6, 2008, be received and filed; and That the offer from Mr. Mohammed Asif Iqbal, residing at 215 Sobieski, in the sum of one thousand and seven hundred dollars ($1,700.00) for the purchase of 213 Sobieski, be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES - 8 NOES - 0 NO. 17 RESULTS OF NEGOTIATIONS 38 ST. LOUIS, 360.47' N WALDEN LOT SIZE: 30' X 109' ASSESSED VALUATION: $1,400.00 (FILLMORE DISTRICT) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Michael G. Lyons, 37 Cantwell Drive, Buffalo, New York 14220 to purchase 38 St. Louis. Mr. Lyons owns a two family house at 42 St. Louis, which is adjacent to 38 St. Louis. He intends to use the vacant lot for additional yard 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 Twenty Six Cents ($26) to Sixty Cents ($.60), per square foot. The results of our negotiations are that Mr. Lyons has agreed and is prepared to pay One Thousand Four Dollars ($1,400.00), Forty Two Cents ($42) per square foot for the subject property. 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 38 St. Louis Avenue to Mr. Michael Lyons in the amount of One Thousand Four Hundred Dollars ($1,400.00). 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 FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO. 18 NOTIFICATION SERIAL #10255 INSTALL STOP SIGNS IN DEPEW AVENUE AT BEARD AVENUE ( DELAWARE DISTRICT) STOP SIGNS (ALL-WAY) - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days atler the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 9 Section 11 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: STOP SIGNS VEHICLES ON SHALL STOP BEFORE ENTERING Depew Avenue Beard Avenue This action is being taken in order to provide all way stop control at this intersection. There is poor visibility from the north approach due to the geometry of the intersection which is compounded by the downhill grade on the east approach. Waive 45 Days RECEIVED AND FILED NO. 19 B. DAVIS-RECEIVED AND FILED ALSHEIMER-INTERSECTION OF EDWARD & ELMWOOD CHANGED TO TWO WAY TRAFFIC ITEM# 55, 9/30/2008 Conversion of Edward Street between Elmwood Avenue and Virginia Street to two way traffic would require much further investigation. Documentation must be provided which shows broad support amongst the affected property owners (typically a petition of 75%). My department must also conduct and/or review a traffic study (once support is established) to see what impacts such a change would have on the area. REFERRED TO THE COMMITTEE ON LEGISLATION, & DEPARTMENT OF PUBLIC WORKS In addition, I was further disappointed in the Common Council's decision to delete $365,000 earmarked for the police and fire radio system. I do not support such a cut to a necessary public safety project. As you know, both the Police and Fire Commissioners communicated the necessity of this funding in writing. I also disagree with the Common Council's assertion that this project may be funded out of the City's efficiency grant allocations in that the NYS Division of the Budget imposed a $5 million annual spending ceiling with this sum already allocated and consequently unavailable. This year's grants were approved by the Buffalo Fiscal Stability Authority on August 20, 2008 and are in the implementation phase; therefore this is not a legitimate source of money. A $3.3 million capital outlay fund was also indicated as a potential funding source---this does not exist in the budget. Therefore there was no reasonable basis for these deletions. I also must state my objection to the Common Council's $321,680 cut in funding for improvements to City Hall. City Hall is not only a place of business but is also listed on the National Register of Historic Places. My administration has made it a priority to improve the quality of the conditions both externally and internally in City Hall, and the Common Council's action to delete funding has compromised this endeavor. It must also be noted that I have sustained the Common Council's $150,000 addition to the Cazenovia Casino and the $321,680 addition for the Franklin-Linwood-North Pearl Street replacement project as I agree these are important. Also, although I have objected to the additional $150,000 for the Richmond Avenue lighting project, I agree that this is also an important project but believe that it would be most appropriately funded out of the $593,150 added for Niagara Districtwide Infrastructure replacement and my administration will aggressively pursue the implementation of this project. For the foregoing reasons I hereby veto and object to the five Common Council additions as specified in this communication, and return the 2009 Capital Budget to the City Clerk in accordance with Article 20 of the City Charter. LAID ON THE TABLE NO 20 CHANGE IN CONTRACT BAILEY GENESEE FIRE STATION CONSTRUCTION I hereby submit to your Honorable Body the following changes for the Bailey Genesee Fire Station, Construction, General Construction, Rodems Construction Co. Inc C #93000104. 1. Furnish and install additional steel members as indicated by Add $4,271.07 Consultant and City of Buffalo. The foregoing change results in a net increase in the contract of Four Thousand Two Hundred Seventy One and 07/100 Dollars ($4,271.01) Summary: Original Contract Amount $3,036,000.00 Change Order #1 Add $ 40,111.71 Amount of This Change Order (#2) Add $ 4,271.07 Revised Contract Amount $3,080,382.78 Costs have been reviewed by the consulting architect (Chaintreuil, Jensen, Stark Architects, LLP) and the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work will be available in 30320106 445100 –Division of Buildings Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated December 8, 2008, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue change order No. 2, to Rodems Construction Co., Inc., an increase in the amount of $4,271.07, as more fully described in the above communication, for work relating to Job No. 0722, Bailey Genesee Fire Station; C #93000104. Funds for this project are available in 30320106 445100 - Division of Buildings. PASSED AYES - 8 NOES - 0 NO 21 B. FEGLEY & O-REQ 3 WAY STOP AT AVERY & VIRGIL (DEL) An investigation by my department into the need for all-way stop signs at the aforementioned location has yielded the following: 1) U.S. Department of Transportation Federal Highway Administration Standards state that the occurrence within a twelve (12) month period of five (5) or more reported accidents, would warrant the installation of "multi-way" stop control. Our records indicate that the accident history at this location does not meet this warrant. 2) Stop control already exists in Avery Avenue at Virgil Avenue. Therefore, as a result of this accident history study, and from field observations of the site, we find no justification to install stop signs in Virgil Avenue at Avery Avenue at this time. REFERRED TO THE COMMITTEE ON LEGISLATION AND DEPARTMENT OF PUBLIC WORKS NO 22 PERM TO ENGAGE SERVICES OF CONSULTING FIRM-CITYWIDE TREE MNGT 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 data, complaint and construction management services pertaining to maintenance of City owned trees. The costs for consulting services are estimated not to exceed $179,000.00. The consultant has been chosen using the RFP process and funds are available in the following Capital Accounts; 30311406-445100, 31450106-445100 and 30032106-445100 Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated December 17, 2008 be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and be hereby is authorized to hire a consultant to provide data, complaint and construction management services pertaining to maintenance of City owned trees for Citywide Tree Management 2009. Funds for this project are available in Capital Accounts, 30311406-44510, 31450106-445100 and 30032106-445100. REFERRED TO THE COMMITTEE ON FINANCE NO 23 PERMISSION TO ENGAGE SERVICES OF CONSULTING ENGINEER FOR THE REHABILITATION OF WATERLINE INSULATION, LEAK REPAIRS, AND WATERLINE REPLACEMENT OVER KENSINGTON EXPRESSWAY (MASTEN) 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 design, bid, and construction phase services for the rehabilitation of waterline insulation, leak repairs, and waterline replacement over the Kensington Expressway and miscellaneous construction phase services. The costs for consulting services are estimated not to exceed $150,000.00 and the construction cost is estimated to be $1,000,000.00. The funds are available in Division of Water accounts 53210716 445100, 53200696 445100, and 53023517 473020. Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated December 16, 2008 be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to hire a consultant to provide design, bid, and construction phase services for the Rehabilitation of Waterline Insulation, Leak Repairs, and Waterline Replacement over Kensington Expressway. Funds for this project are available in Division of Water accounts 53210716 44510, 53200696 445100, and 53023517 473020. PASSED AYES - 8 NOES - 0 NO 24 682 ABBOTT RD. HANDICAP RAMP WITHIN CITY RIGHT OF WAY Mr. Vincent Fedele, owner of the property located at 682 Abbott Road, has requested permission to encroach city right of way with a handicap ramp at said address (AP# 133061). The proposed ramp would be constructed of concrete, extend 4 feet from the building face and measure 32 feet in length. Six feet of unobstructed concrete sidewalk would remain after installation. The Department of Public Works, Parks & Streets has reviewed this request pursuant to Chapter 413-59.1 (Handicapped Access Ramps) of the City Ordinances and has no objection to Your Honorable Body authorizing the Commissioner of Public Works to issue a "Mere License" for said installation provided the following conditions are met: 1. That the applicant obtain any an all other City of Buffalo permits necessary for installation. 2. That the ramp be installed exactly as shown on plans submitted to and approved by the Department of Permit and Inspection Services. 3. That the ramp be constructed so as not to be permanent in nature. 4. That the applicant supply the Department of Public Works with a $5,000 construction in street bond or certificate of insurance which will indemnify and save harmless the City of Buffalo against any and all loss and damage arising out of the construction, maintenance, use and removal of said ramp. Mr. Fontana moved: That the above communication from the Department of Public Works, Parks and Streets dated December 2, 2008 be received and filed; and That the Commissioner of Public Works, Parks and Street be, and he hereby is authorized to issue a "mere license" to Mr. Vincent Fedele, owner of 682 Abbott Road, to extend 4 feet from the building face and measure 32 feet in length. Six feet of unobstructed concrete sidewalk would remain after installation, subject to the conditions as listed above. PASSED AYES - 8 NOES - 0 NO 25 APPT HEAVY EQUIPMENT OPERATOR (PROV)(SECOND)(FERRIL) CERTIFICATE OF APPOINTMENT Appointment Effective 12/18/08 in the Department of Public Works Division of Streets to the Position of Heavy Equipment Operator, Provisional, Promotion, second step, at the starting salary of $30,344. Richard L. Ferril, 16 Race Street, Buffalo 14207 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO 26 APPT EXTERMINATOR (PROV)(MAX)(LAVANGO) CERTIFICATE OF APPOINTMENT Appointment Effective 12/18/08 in the Department of Public Works Division of Streets to the Position of Exterminator, Provisional, Promotion, Maximum at the starting salary of $29,604. David LaVango, 225 Hartwell Rd, Buffalo 14216 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF POLICE NO 27 PERM TO ACCEPT VARIOUS GRANTS AND APPROVAL FOR INTERFUND CASH LOANS As you are aware, the Buffalo Police Department continues to be successful in securing grant funding through various sources. We have received official verification and confirmation from the County, State and Federal Governments as to these awards. Therefore, in order to keep within the practices of our grant processing, especially in this time of critical need for funds, we are asking permission from your Honorable Body and Buffalo's Fiscal Stability Authority for the Mayor to enter into the contracts listed below. In addition, we are also requesting, as is our standard practice, that your Honorable Body authorize the Comptroller to provide for an interfund cash loan for all non-personnel expenses until such reimbursements are secured by the funding source (County, State, "Feds"). We have listed the amounts under each identified grant and each loan would then be repaid as the reimbursements are sent to the City under the individual grant programs. As you also know, the grant process often involves delayed information, budgets, and contracts at these government levels, often times beyond the City's control, and therefore creates a pressing situation for the processing of the required paperwork. Some of these grants involve personnel expenses, equipment, etc. and it is imperative that we spend out the funding prior to the end of the grant's fiscal year, and in most cases, because of the lengthy processing, we are constantly faced with time constraints, therefore, we would appreciate your approval at the next meeting. NYS MOTOR VEHICLE THEFT/INSURANCE FRAUD PREVENTION GRANT We are asking for authorization for the Mayor to enter into a renewal agreement between the City of Buffalo and the Department of Criminal Justice Services under the State's Motor Vehicle Theft and Insurance Fraud Prevention Program for the period 01-01-09 through 12-31-09. We have been awarded $125,600 and the expenditures under this grant project will cover reimbursement for a Detective's position as it relates to the incidence of automobile thefts and correlated crimes (including overtime, if applicable), training expenses, equipment (air cards and related software), overtime expenditures for patrol officers involved in regional auto theft task force efforts. We are requesting an interfund cash loan for all non-personnel expenditures (training/equipment expenditures pertinent to this initiative) until such reimbursement is secured from the State. The loan would then be repaid as the reimbursements are sent to the City from the State under this grant project. There is no City Match involved with this grant. OPERATION PROTECT KIDS (CIGARETTE GRANT) - We anticipate the annual renewal of this grant as awarded to the County of Erie under the New York State Department of Health's Youth Tobacco Enforcement and Prevention Grant; this initiative will run through September 30, 2009. Under this renewal agreement, the County will reimburse the City of Buffalo the sum of $45.00 for every completed compliance check of merchants who sell tobacco products. Using underage operatives as decoys, compliance checks have been conducted to see if active enforcement of New York State Public Health Laws reduces the availability of tobacco products to children. Another focus of this project has been to educate local business owners with licenses to sell tobacco products as to the law, and how this law must be enforced. Merchants who have been found violating this law and allowed the operative to purchase tobacco products, are to be subjected to penalties imposed by the Health Department, which may include fines. The City of Buffalo will receive 50% of any fines levied in order to continue the efforts to reduce tobacco sales to minors. 2009 BULLET PROOF VEST REIMBURSEMENT: Through its Department of Police, the City is entitled to receive up to 50% reimbursement, which in turn will then be prorated between $40,000 and $80,000, for the authorized purchase of bullet proof vests that comply with the requirements of the Office of Justice Programs' National Institute of Justice. Reimbursement is handled online and the City will receive a direct payment once proper reimbursement steps are electronically initiated. OPERATION IMPACT V: The Buffalo Police Department is respectfully asking for authorization for the City to accept funds, totaling $833,500, from the NYS Division of Criminal Justice Services as part of Operation Impact Year 5 covering the grant period of 7/1/08 through 6/30/09. Operation Impact is part of a comprehensive strategy in New York State to reduce violent crime involving gangs, guns and drugs through integrated anti-crime teams. Buffalo's strategy includes coordination with federal (ATF, FBI, DEA, US Marshal) state (NYS Police) and local law enforcement (Buffalo Police, Erie Co. Sheriff Dept, Central Police Services, NFYA, Housing) as well as Probation, Parole, the US Attorney's Office, and the District Attorney's Office. This year, awards were competitive throughout NY State, and also, the State will reimburse the City of Buffalo directly for the $833,500; there is no match associated with this grant. The funding award will be utilized for reimbursing a Police Officer's Salary/Fringes; 3 Report Technician Salaries/Fringes; the Salary/Fringes of a Crime Analyst; partial Salary/Fringes of the GREAT School Resource Officer; Overtime for Tactical/Strategic/Planning Operations; Overtime for Tip Line Coverage; Overtime for Field Intelligence in all 5 Districts; Overtime for Violent Felony Warrant Squad Participation; community service projects (St Brigid/Columba, Explorers OMEGA Youth Mentoring) to work with young people fostering positive activities that deal with the myriad of problems they face with an emphasis on self-love, self-knowledge, self-development and responsible citizenship; Equipment that includes 2 canine dogs and an additional surveillance camera; supplies for regional crime analysis center; training and staff development funding; subscription to crime net services and finally, utility services involved with the installation of air cards within patrol vehicles. GOVERNOR'S TRAFFIC SAFETY (YEAR 13) - Once again, the City Buffalo has received grant funding, totaling $34,560 under the Governor's Traffic Safety Grant Program through our participation with the County of Erie's Governor's Traffic Safety Regional Planning Committee. Through this project, a heavy emphasis is being placed on general safety by addressing speed enforcement and aggressive driving behaviors that have been determined regionally by this committee as a major problem (whereby the City of Buffalo is represented, as are the surrounding suburbs). Under this year's grant, we have requested reimbursement for overtime for the Traffic/Accident Investigation Unit to specifically pursue and address speeding/aggressive driving behaviors in identified trouble spots. Also this year, we h asked for and received funding to purchase the new, mandatory high visibility public safety vests for our Traffic/AIU Units. Again, there is no City Match attached to this grant. We are asking for an interfund cash loan in the amount of the $1,760 for the vests, since it is a non-personnel expenditure until such time that reimbursement is secured from the State. The interfund loan would then be repaid from the reimbursement that is sent to the City from the State under this grant project. URBAN AREA SECURITY INITIATIVE (UASI) YEAR 6 th) As you are aware, the City of Buffalo, County of Erie, and Niagara County have been awarded grant funds for a sixth (6year (2008 funds) under the Urban Area Security Initiative (UASI) from the US Department of Homeland Security for urban area security and homeland preparedness, totaling $5,306,000. Also, as you know, each year this region has been cut and fortunately for Buffalo again this year, are not on sustainment, which means, if that had happened, we would have been completely cut-off from UASI funding. The City of Buffalo's share of funding is a total of $1,854,090; the County's share is $1,568,695; Niagara County's share is $822,015, and New York State receives 20%, or $1,061,200. This year, all three entities had to contribute a share of approximately $8,300 plus in order to participate with a joint initiative with Monroe County/City of Rochester for a regional specialized incident emergency management team. This team will be activated instantaneously during an all-hazard emergency and will be dispatched throughout the State upon activation from the New York State Emergency Management Office to assist at Emergency Operations Centers that are open more than 24 hours during large scale events (i.e., October Storm). Buffalo's share of these grant dollars will continue to fund the City's homeland security coordination, interoperable communications equipment for both Police/Fire, citizen preparedness activities and training, security equipment upgrades (including fast boat for Buffalo Fire, bear cat for Police's CBRNE SWAT rescue team, critical infrastructure reinforcement within City facilities, training/exercise funds, staff development/instructional funding to attend mandatory homeland security training. Again, we are asking for permission for the City to accept this award, and also, authorization for an interfund cash loan covering all non-personnel expenditures should the need arise. The loan would then be repaid as the reimbursement is sent from the State under this special initiative. This particular grant application process has been very long and bureaucratic with the State and the processing of this grant information has been difficult due to the complexity of the different entities involved, the fact that the City now has three (3) UASI grants running simultaneously. GREAT (Gang Resistance Education And Training) - The City of Buffalo has been awarded $22,000 (an increase of 2%) to participate in the GREAT Program. This program instructs middle/high school students as to the dangers of gangs through education and prevention strategies, and which will tie into the Department's Operation IMPACT V Grant. The funding is broken down as follows: $14,987 will cover 25% base salary of one SRO assigned to GREAT training, in addition $4,668 will be utilized for promotional supplies supporting GREAT activities (T-shirts, water bottles, pencils, class materials, etc.), and $2,345 for required training, especially to train another School Resource Office to be able to train. In addition, again this year, there is a required City match of 10%. The Police Department will be covering $3,619 of the SROs fringes as result of participation under this grant. We are asking for an interfund cash loan in the amount of the $7,013, which covers all non-personnel expenditures until such time that reimbursement is secured from the Bureau of Justice; we are not seeking an interfund loan for any personnel reimbursement. The interfund loan would then be repaid as the reimbursements are sent to the City from the "feds" under this grant project. 2008 COPS TECHNOLOGY GRANTS ($1~374~891): Due to the diligent efforts of City management working closely with our State and Federal leaders in asking for 2008 federal ear- marked appropriations, the City of Buffalo Police Department has been the fortunate recipient of the following COPS Technology Grants: $907,241 As part of the City's anti-crime wireless video surveillance camera network and in order to enhance the current camera system already in place, Buffalo Police will purchase additional cameras as we continue to respond to the community's need for safety, security, and homeland security protection as these cameras will augment patrol officers' problem solving abilities within our five (5) police districts. These additional cameras, approximately between 20 and 25, dependent on the cost considering the various locations, polecams in place, backhaul equipment necessary, etc, will support the work of our police department by serving as a deterrent to violent crime, as well as an enforcement tool. The cameras will also serve as a visible means for enhancing the safety of residents living in Buffalo, improving their quality of life and the economic vitality of the City. Cameras will be strategically placed in crime "hot spots" including the theatre and entertainment district, high-risk violent crime areas, Weed & Seed areas, on the International Railroad Bridge, and around the international border area between the United States and Canada (within the City of Buffalo). Because this opportunity supports the existing camera surveillance system, moving forward, we anticipate that cameras will be installed citywide, including coverage in a majority of the City's business sections in each of the five police districts. $467650 - To purchase a gunshot location system and related software, which will interface with our city-wide anti-crime video surveillance system as we respond to the community's need for safety, especially when it comes to gunfire and shootings within the Buffalo metro area. The "shot spotter" has the ability to interact with existing camera surveillance, and in order to further protect the community, to support local law enforcement efforts for combating gun crime, and for analyzing the true extent of gun crime in an affected area, the "shot spotter" will enhance Buffalo Police's response to gun calls, potentially saving the life of victims, and even stepping up our chances for making an arrest. We will be able to purchase a system that covers one square metro mile. The gunshot detection system will consist of a minimum of three (3) specialized wireless sensors, which are equipped with up to four (2) small microphones in order to cover the one square metro area, as well as GPS software and spatial filters. Again, these funds will greatly benefit our community and bodes well for the City-at-large. POLICE REIMBURSEMENTS - Also, for your information, the Buffalo Police Department will be securing reimbursement from the DEA for overtime worked by 3 dedicated Detectives assigned there (approximately $48,986) on drug cases, along with reimbursement from the FBI for any overtime worked by the Detectives assigned to the Joint Terrorism Task Force, the Safe Streets Task Force, and the Cyber Task Force, which to date, will not exceed an additional $48,986. We will also secure reimbursement from the US Marshal's Office for approximately $11,305 for their "rolling thunder" search warrant executions. In addition this year, we have Detectives assigned to the US Marshal's Violent Felony Warrant Squad and will be reimbursed up to a maximum of $32,658 for overtime expenditures; along with reimbursements coming from our Department's participation at US Customs (approximately $15,000); Regional Crime Forensics Lab (approximately $16,328); New York State Police "Spider" Operations through Department of Homeland Security (approximately $5,000); joint Organized Crime Drug Enforcement Task Force Operations with both the DEA and FBI (approximately $40,000). Again, we are asking for permission for the Mayor to accept all of this funding, and in addition, and where applicable, authorization for an interfund cash loan covering all non-personnel expenditures should the need arise. We try to secure all the required grant information in a timely manner, however, the reality is that is always not possible, and as a result, we find ourselves in a position of having to process things, such as this request, extremely quickly in order to follow our own governmental procedures. We need your immediate approval due to the various timetables, and also, we are presenting this to the Control Board at their next meeting, which we cannot do until we secure your approval. If you have any questions or require further clarification of the above, please contact Inspector Joseph Strano at 851-4879 or Captain Mark Makowski at 851-5643. Thank you for your immediate attention to the above. Mr. Fontana moved: That the above communication from the Commissioner of Police dated December 17, 2008, be received and filed; and That the Mayor be authorized to accept the various grants awarded to the departments listed above and approval for appropriate interfund cash loans. PASSED AYES - 8 NOES - 0 FROM THE CORPORATION COUNSEL NO 28 LEASE AGREEMENT BETWEEN BUFFALO NAVAL PARK COMMITTEE, INC. ("NAVAL PARK COMMITTEE") AND CITY OF BUFFALO FOR THE REDEVELOPED BUFFALO NAVAL AND SERVICEMEN'S PARK The Naval Park Committee has operated, maintained and managed the Buffalo Naval and Servicemen's Park for the City of Buffalo since at least 1982. Since 1982, the Naval Park Committee has also played a central role and has provided informed leadership in guiding the Naval and Servicemen's Parks through many positive changes, including but not limited to the recent relocation of the Naval Vessels and completion of the newly installed "Heroes Walk" and renovated "Veterans Park" areas of the Naval and Servicemen's Park. Attached for your consideration is a Lease agreement which formalizes these important and mutually beneficial Naval and Servicemen's Park operational, management and maintenance arrangements. Previous written arrangements for the Naval Park Committee's operation of the Naval and Servicemen's Park have expired long ago. The basic terms of the proposed Lease agreement provide for a 10 year term starting as of December 1, 2008. No lease term renewal options are provided for. Rent is $10.00 per year. City is responsible for capital repairs to the new Museum building, gas utility costs and 90% of the electric utility at least through the first 2 years of the 10 year Lease term. The gas utility is approximately $8,000 per year. 90% of the electric utility is approximately $130,000 per year. No capital repair needs are currently anticipated as the Museum building is new. The Naval Park Committee is responsible for keeping the restrooms in the Museum building open to the public free of charge during operating hours and for al! water bills (water is now $5,500 per year), all refuse trash pickup, maintenance/repair of the vessels/artifacts, snow removal/grass cutting/brush removal and general liability insurance. After year 2 of the Lease, all operations of the Naval Park will be reviewed with an eye towards shifting the full electric utility cost, the gas utility cost and capital repair costs to the Naval Park Committee. In addition, after the second year of the Lease, the Naval Park Committee agrees to pay percentage rents to the City in an amount equal to 10% of net operating revenues. I am requesting that your Honorable Body authorize the Department of Law to execute a Lease agreement in substantially the same form and substance as attached to this communication, with only such clarifications and modifications as recommended by this Department in conjunction with finalizing the final form of the Agreement with the Naval Park Committee and their Counsel. I am further requesting that your Honorable Body authorize my office and/or other City personnel to enter into such agreements and other appropriate arrangements and to take all such steps and actions as shall be necessary to facilitate the implementation of the Lease agreement in its final form. Mr. Fontana moved: That the Common Council hereby authorizes the Department of Law to execute a Lease Agreement in substantially the same form and substance as attached to this Communication, with only such clarifications and modifications as recommended by the Law Department in conjunction with finalizing the final form of the Agreement with the Naval Park Committee and Counsel. The Law Department is further authorized along with other City personnel to enter into such agreements and other appropriate arrangements and to take all such steps and actions as shall be necessary to facilitate the implementation of the Lease Agreement in its final form. COPY ON FILE IN THE CITY CLERKS OFFICE FOR REVIEW PASSED AYES - 8 NOES - 0 FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT & INSPECTION SERVICES NO 29 FOOD TORE LICENSE 572 S. DIVISION (AKA 155 JEFFERSON) (FILLMORE) Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for Foodstore located at 572 South Division (AKA I55 Jefferson) (WNY PETRO) and find that as to form is correct. I have caused an investigation into the premises for which said application for a foodstore license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department, and Collections 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 30 FOOD STORE LICENSE 431 GRANT (NIAGARA) 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 431 Grant (Alrafedain 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 Collections 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 31 FOOD STORE LICENSE 1981 NIAGARA (NORTH) 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 1981 Niagara (Doyle's Food) 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 Collections Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Mr. Fontana moved: That the Department of Economic Development, Permit ad Inspection Services, Office of Licenses is herby authorized to issue a Food Store license to Abdulgabar Algamali (Doyle’s Food) at 1981 Niagara pursuant to Chapter 150. PASSED AYES - 8 NOES – 0 NO 32 FOOD STORE LICENSE 108 WILLIAM (ELL) Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 108 William (Mobil City) 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 Collections 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 33 APPT DIRECTOR OF HOUSING AND INSPECTIONS (EXEMPT)(SOLE JR) CERTIFICATE OF APPOINTMENT Appointment effective December 15, 2008 in the Department of Economic Development, Permit and Inspection Services, Division of Inspections, to the Position of Director of Housing and Inspection Exempt Appointment Flat starting salary of $65,178. Patrick Sole, Jr., 12 Rosemary Ave, Buffalo 14216 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF HUMAN RESOURCES NO 34 APPT SECRETARY TO COMM OF HR (EXEMPT)(FLAT)(WHITE) CERTIFICATE OF APPOINTMENT Appointment effective December 1, 2008 in the Department of Human Resources, Division of Employee Relations, to the Position of Secretary to Commissioner of Human Resources, Exempt, Flat starting salary of $32,972. Jacqueline White, 205 Laurel Street, Buffalo 14208 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO 35 APPT COMPENSATION & BENEFITS SPECIALIST (PROV)(INTER)(MACHIN) CERTIFICATE OF APPOINTMENT Appointment effective December 15, 2008 in the Department of Human Resources, Division of Compensation & Benefits, to the Position of Compensation & Benefits Specialist, Provisional, Appointment, Intermediate starting salary of $40,886. Heather Machin, 14 Rosedale St, Buffalo 14207 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSION ON CITIZENS RIGHTS AND COMMUNITY RELATIONS NO 36 TESTIMONY OF C. RODRIGUEZ IN REGARDS TO LT. KWIATKOWSKI Testimony of Crystal J. Rodriguez, Executive Director This testimony is being provided to the Police Oversight Committee of the Common Council for the City of Buffalo. The Board of Commissioners has asked that the following statements be made formally and made available to the public. This testimony is specifically regarding allegations that were printed in The Buffalo Criterion, VOL. 83 - No. 45, dated November 15-21, 2008 In response to the article and numerous calls from citizens, I met with inspector Patrick Stafford from the Professional Standards Division of the Buffalo Police Department. I am limited in what I can disclose but I have looked at Lt. Kwiatkowski's record in its entirety and would like to submit the following: With regard to incident #3. discussed in article: That was, in fact, an incident that occurred and the details are similar to those written in the article. However, the two individuals who were victimized NEVER identified then Officer Kwiatkowski as the officer who used any racial slurs and he was not the target of PSD's investigation. The officer who was identified as using racial slurs and excessive force was suspended for 5 days. Lt. Kwiatkowski has never been suspended in his 18 year career with BPD. With regard to incident #2 discussed in article: Then Officer Kwiatkowski was fully exonerated of the charges. Both black and white police officers testified at the hearing where this determination was made. With regard to incident #3 discussed in article: The suspect/complainant that was ultimately arrested was intoxicated at the time of the incident and had been allegedly involved in at least nd two physical altercations on the morning in question. Then Officer Kwiatkowski was the 2officer on the scene and not the arresting officer. The suspect, who eventually filed a formal complaint with PSD, spat in the arresting officers face two times. He was placed under arrest, resisted and was injured as a result. The witnesses that were interviewed and corroborated these details included the establishment's security guard, off duty police officers, off duty corrections officers and civilians. Submitted by: Crystal J. Rodriguez Executive Director Commission on Citizens' Rights & Community Relations REFERRED TO THE SPECIAL COMMITTEE ON POLICE OVERSIGHT FROM THE CITY CLERK NO 37 MAYOR REPORTED OUT OF STATE Pursuant to Section 4-4 of the City of Buffalo Charter, I will be out of state on Tuesday, December 16, 2008. I hereby designate Commissioner Janet Penksa, Administration, Finance, Policy and Urban Affairs to perform the Mayor's duties in my absence. SIGNATURE /S Byron W. Brown DEPARTMENT HEAD TITLE : Mayor, City of Buffalo RECEIVED AND FILED NO 38 LIQUOR LICENSE APPLICATIONS Attached hereto are communications from persons applying for liquor licenses from the Erie County Alcohol Beverage Control Board. Address Business Name Owner's Name 1853 Clinton St 1853 Clinton St Charity DeCaro & Roy Schufraft 30 Mississippi St Benchwarmers Quinn O’Brien 30 Mississippi St Benchwarmers Quinn O’Brien (State Notice) 508 Peckham Street Arty’s Grill Paul Kwiatkowski RECEIVED AND FILED NO 39 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: Assessment and Taxation – Judith McCabe Police - Sheryl Sanchez RECEIVED AND FILED. NO 40 REPORTS OF ATTENDANCE I transmit herewith communications received by me, from the various boards, commissions, agencies and authorities reporting the membership attendance at their respective meetings: Buffalo Sewer Authority RECEIVED AND FILED NO 41 NOTICES OF APPOINTMENTS - SEASONAL/FLAT I transmit herewith certificates received by me, reporting seasonal and flat salary appointments made in various departments. RECEIVED AND FILED. CERTIFICATE OF APPOINTMENT Appointment Effective December 10, 2008 in the Department of Assessment and Taxation to the Position of Clerk-Seasonal Appointment, Flat starting salary of $11.11 Sharone Lewis, 218 East Ferry Street, Buffalo 14208 NO 42 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 12/24/08 in the Department of Fire Division of Fire to the Position of Senior Administrative Assistant, Permanent, Promotional, Minimum Starting Salary of $42,994. Jill Parisi, 104 Portland St, Buffalo 14220 CERTIFICATE OF APPOINTMENT Appointment Effective 12/8/08 in the Department of Public Works Division of Engineering to the Position of Engineering Inspector, Temporary Appointment, Minimum Starting Salary of $39,826. William R. Borton, 37 Winter Street, Buffalo 14213 CERTIFICATE OF APPOINTMENT Appointment Effective 12/15/08 in the Department of Public Works Division of Engineering to the Position of Equipment Operator, Temporary Appointment, Minimum Starting Salary of $28,179. John Baker, 115 Clayton Street, Buffalo 14207 CERTIFICATE OF APPOINTMENT Appointment Effective 12/15/08 in the Department of Police to the Position of School Crossing Guard, Temporary Non-Competitive, Minimum Starting Salary of $9.90. Sheila Brown, 192 Baitz Ave, Buffalo 14206 NO 43 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 12/15/08 in the Department of Human Resources Division of Civil Service to the Position of Personnel Assistant (Civil Service), Temporary Appointment, Minimum Starting Salary of $31,391. Nichalos Heidinger, 172 Alabama St, Buffalo 14204 NON-OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON-OFFICIAL COMMUNICATIONS NO 44 D. ADAMS-LEGAL AID MONTHLY REPORT OCTOBER & NOVEMBER 2008 Enclosed please find a copy of our Monthly Reports and Monthly Activity Reports for October and November 2008. Please feel free to call me at 853-9555 Ext. 453, or our Housing Attorney, Sherree Meadows, at 853-9555 Ext. 555, if you have any questions. Very truly yours, Dorothy Adams COPY AVAILABLE IN THE CITY CLERKS OFFICE FOR REVIEW RECEIVED AND FILED NO 45 R. FONTANA-RESPONSE MAYORS VETO-2209 CAPITAL IMPROVEMENT BUDGET RE: 2009 Capital Improvement Budget Dear Mr. Chwalinski: Please file the attached item for further discussion at the next Common Council session to be held Tuesday, December 23, 2008. Thank you in advance for your assistance with this matter. Sincerely, Richard A. Fontana Lovejoy District Councilmember COPY AVAILABLE IN THE CITY CLERKS OFFICE FOR REVIEW LAID ON THE TABLE NO 46 M. KEARNS-EXECUTIVE SUMMARY OF SKYWAY STUDY I would like to file the attached information for the next Common Council meeting to be held on December 9, 2008. Thank you. Dear Council Member Kearns: The New York State Department of Transportation is pleased to announce the completion of the Buffalo Skyway Management Study. In the past, you have expressed interest in the Skyway and its impact on transportation and economic development. The Executive Summary and full version of the report are available for download at the following website: https://www.nysdot .gov/-regional-offices/region5/other-topics In addition, I have enclosed a copy of the recent news release on the topic. If you have any questions or would like a hard copy of the report, please call me at 716-847-3238 or Gary Gottlieb at 716- 847- 3241. COPY AVAILABLE IN THE CITY CLERKS OFFICE FOR REVIEW REFERRED TO THE SPECIAL COMMITTEE ON WATERFRONT DEVELOPMENT NO 47 M. KEARNS-NYSDEC COMMENTS ON LEHIGH VALLEY RAILROAD I would like to file the attached information for the next Common Council meeting to be held on December 23, 2008. Dear Ms. Wallace: The New York State Department of Environmental Conservation (Department) maintains a Registry of sites where hazardous waste disposal has occurred. Property located at 110 Furhmann Blvd. in the City of Buffalo within Erie County, and designated as Tax Map No. 132.12-1-1.11 was recently reclassified from Class 2 to Class 5 in the Registry. The name and site I.D. number of this property as listed in the Registry are Lehigh Valley Railroad, Site No. 915071. The Classification Code 5 means the Site is properly closed, no evidence of present or potential adverse impact - no further action required. We are sending this letter to you and others who own property near the site listed above, as well as the county and town clerks, officials and public water supplier. We are notifying you about these activities at this site because we believe it is important to keep you informed. If you currently are renting or leasing your property to someone else, please share this information with them. If you no longer own the property to which this letter was sent, please provide this information to the new owner and provide this office with the name and address of the new owner so that we can correct our records. The reason for this recent classification decision is as follows: Previous investigations documented soil contamination with volatile organic compounds (VOCs) and lead. To address the contamination, a phased Interim Remedial Measure (IRM) was performed which included the excavation of a total of 3,400 cubic yards of contaminated soils. Confirmation samples of the bottom and sides of the excavation confirmed that the action taken in the IRM met remedial action goals. Upon completion of remedial activities, the site was backfilled with clean soil, seeded and restored to a small wetland. Several rounds of groundwater monitoring were subsequently completed which further indicated a successful remediation. Consequently, a "No Further Action" Record of Decision was issued on March 27, 2006. Since the Lehigh Valley Railroad site has been successfully remediated and is protective of public health, it is appropriate to reclassify this site from Class 2 to Class 5. If you have any questions or seek additional information, please contact the Project Manager, Maurice Moore at (716) 851-7220. Sincerely, Kelly A. Lewandowski, P.E. Chief Site Control Section REFERRED TO THE SPECIAL COMMITTEE ON WATER FRONT DEVELOPMENT NO 48 M. KEARNS-ROCK HARBOR COMMONS HANDBOOK COPY AVAILABLE IN THE CITY CLERKS OFFICE FOR REVIEW REFERRED TO THE SPECIAL COMMITTEE ON WATERFRONT DEVELOPMENT NO 49 J. KOWALSKI-NYSDOT ACCEPTS COMPLETED WORK ROUTE 198 Dear Mr. Chwalinski: This is to advise you that the completed work on the above-noted contract was officially accepted by the New York State Department of Transportation on December 1, 2008. As per the Project Proposal for D260856, Page 239: After acceptance of this contract, the State will resume maintenance of the highway. All intersecting roads, highways, or streets not on the State highway system ~hall be maintained by the agency or local unit of government having jurisdiction beyond the outside edge of shoulder, curb line, or back of ditch of the State highway across the intersection. This letter serves as a courtesy to notify you that the Contractor for this project, Oakgrove Construction, Inc., is no longer directly involved in roadway maintenance. Very truly yours, Alan E. Taylor, P.E. Regional Director RECEIVED AND FILED NO 50 O. MCFORY-MONTHLY WATER BOARD REPORT NOVEMBER 2008 COPY AVAILABLE IN THE CITY CLERKS OFFICE FOR REVIEW RECEIVED AND FILED NO 51 D. SACH-SEQR REQUIRMENTS FOR ELMWOOD VILLAGE DESIGN STANDARDS-AMENDMENT TO THE CHARTER B.C.B.B. SEQR requirements for Elmwood Village Design Standards amendment to the Charter: http://www.dec.nv.gov/public/32521 .html 1. Classify the Action Type I for Elmwood Village Design Standards (EVA DS) 2. Complete Environmental Assessment Form (EAS) "Full" EAS Form 3. Coordinate review Common Council is the Lead Agency and only agency charged with legislation therefore other agency's input is not required. 4. Determine significance of action. No significant adverse impacts therefore Issue "Negative Declaration" E-mail Negative Declaration to enb@gw.dec.state.ny.us File with the Mayor of the City of Buffalo Part 617.12 (b)(1)(i) REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT PETITIONS NO 52 K. LANG, OWNER, USE 1900 HERTEL AVENUE FOR AN OUTDOOR PATIO (UNIV)(HRG, 12/30) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO 53 K. ELLIOTT, OWNER, USE 810 ELMWOOD FOR A RESTAURANT (NORTH)(HRG, 12/30) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO 54 E. SAHAI, AGENT, USE 1010 MAIN STREET FOR A HUMAN SERVICE FACILITY (ELL)(NO PUB HRG) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD CLAIMS (DAVID A. RIVERA, CHAIRMAN) NO 55 PERSONAL INJURY That, upon the recommendation of the Corporation Counsel, the following actions for personal injury arising out of alleged negligence on the part of the City of Buffalo, be compromised and settled: A. 1. John Butler $ 3,500.00 A. 2. Ulysses Foster $25,000.00 A. 3. Patricia Pabon $75,000.00 A. 4. Kelly Wegryzn $ 3,000.00 A. 5. Deborah Allen $35,000.00 A. 6. Ida DiPalma $ 4,200.00 A. 7. Dennis D'Auria $30,000.00 That checks be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current Fiscal Year, payable to the respective claimants or plaintiffs and their attorneys, if any, herein above named, in the amounts set opposite their names and delivered to them upon execution and delivery to the Corporation Counsel of proper releases and closing papers. PASSED AYES - 8 NOES - 0 NO 56 PROPERTY DAMAGE That, upon the recommendation of the Corporation Counsel, the following actions for personal injury arising out of alleged negligence on the part of the City of Buffalo be compromised and settled: B. 1. Kelly Basile $ 449.79 B 2. Briget Brown $ 546.44 B 3. Richard Fininzio $ 37.00 B. 4. First Niagara Bank $5,700.00 B. 5. Melissa Gokey $ 179.43 B. 6. James Greenberg $2,000.00 B. 7. Concetta Grieco $1,275.64 B. 8. Mary Harrison $2,985.50 B. 9. Gerald Komorowski $ 138.00 B. 10. Pat Laity $ 175.00 B. 11. Deborah Lipinski $ 723.00 B. 12. Calvin Peyton $3,270.00 B. 13. David Sawicki $ 369.74 B. 14. Dashawn Stroud $ 457.30 B. 15. Suzanne Todaro $ 140.00 That checks be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current Fiscal Year, payable to the respective claimants or plaintiffs and their attorneys, if any, herein above named, in the amounts set opposite their names and delivered to them upon execution and delivery to the Corporation Counsel of proper releases where such releases are indicated. PASSED AYES - 8 NOES - 0 NO 57 MISCELLANEOUS INVOICES That upon the recommendation of the Corporation Counsel and the appropriate City Departments, the following claims be paid: C. 1. Air Cleaning Systems $ 482.35 C. 2. Bluepay Inc. $ 317.14 C. 3. Buffalo OccMed LLC $95,359.39 C. 4. Buffalo Police Benevolent Assn.$6,922.50 C. 5. Coventry WC Services $69,066.06 C. 6. Dreamco Development Corp. $34,545.16 C. 7. Niagara Frontier Trans Authority$4,249.98 C. 8. Xerographic Solutions $ 1,242.00 C. 9. Xerox Corporation $ 4,608.31 C. 10. Jimmie Steward $ 439.00 That checks be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current Fiscal Year, payable to the respective claimants or plaintiffs and their attorneys, if any, herein above named, in the amounts set opposite their names and delivered to them upon execution and delivery to the Corporation Counsel of proper releases where such releases are indicated. PASSED AYES - 8 NOES - 0 CIVIL SERVICE (BONNIE E. RUSSELL, CHAIRPERSON) NO 58 APPT DOG CONTROL OFFICER (PROV)(MAX)(LOUBET)(PW) (CCP# 26, 12/09) That Communication 26 of December 9, 2008 be received and Filed and that the Maximum appointment of Charles E. Loubert of 900 Prospect, Buffalo, NY 14213 at the Maximum Salary of $29,604.00 is hereby approved. PASSED AYES- 8 NOES- 0 NO 59 APPT EQUIPMENT OPERATOR (PROV)(INTER)(BUCHNOWSKI)(PW) (CCP# 27, 12/09) That Communication 27 of December 9, 2008 be received and Filed and that the Provisional appointment of Garrett Buchnowski, 777 Amherst St, Buffalo, NY 14216 at the Intermediate Salary of $29,095.00 is hereby approved. PASSED AYES -8 NOES - 0 NO 60 APPT EQUIPMENT OPERATOR (TEMP)(INTER)(SALTER)(PW) (CCP# 28, 12/09) That Communication 28 of December 9, 2008 be received and Filed and that the Temporary appointment of Roderick D. Salter of 321 Hastings Avenue, Buffalo, NY 14216 at the Intermediate Salary of $30,009.00 is hereby approved. PASSED AYES - 8 NOES - 0 NO 61 APPT TRAINING OFFICER (PROV)(MAX)(OSTROFF)(PW) (CCP# 29, 12/09) That Communication 29 of December 9, 2008 be received and Filed and that the Maximum appointment of Mark L. Ostroff of 1034 Thomas Fox Drive East, N. Tonawanda, NY 14120 at the Maximum Salary of $35,381.00 is hereby approved. PASSED AYES - 8 NOES - 0 NO 62 CANDIDATE PHYSICAL ABILITY - TEST ADMINISTRATOR CONTRACT (ITEM NO. 45, C.C.P., DEC. 9, 2008) That the Commissioner of Human Resources, be and she hereby is authorized to enter into contract for CPAT Test Administrator for the entry-level Firefighter selection process be and the same hereby is approved. PASSED AYES - 8 NOES - 0 NO 63 CANDIDATE PHYSICAL ABILITY - PROCTOR TEST (ITEM NO. 46, C.C.P., DEC. 9, 2008) That the Commissioner of Human Resources, be and she hereby is authorized to enter into contract for CPAT Proctors for the entry-level Firefighter selection process be and the same hereby is approved. PASSED AYES - 8 NOES - 0 NO 64 CANDIDATE PHYSICAL ABILITY - PROCTOR TRAINER CONTRACT (ITEM NO. 47, C.C.P., DEC. 9, 2008) That the Commissioner of Human Resources, be and she hereby is authorized to enter into contract for CPAT Proctor Trainer administers the Proctor Training Course for the entry-level Firefighter selection process be and the same hereby is approved. PASSED AYES - 8 NOES - 0 NO 65 NOTICES OF APPOINTMENTS TEMP/PROV/PERM (CCP# 52, 12/09) That the above item be the same and hereby is Received and Filed ADOPTED COMMUNITY DEVELOPMENT (MICHAEL J. LOCURTO, CHAIRPERSON) NO 66 RESULTS OF NEGOTIATIONS- 129 STOCKBRIDGE (ITEM NO. 11, C.C.P., DEC. 9, 2008) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. LoCurto moved: That the offer from Mrs. Elsa Reid of Isimpi Star Properties Inc., 415 East Fifth Street, Mount Vernon, NY, in the sum of twelve thousand and one hundred dollars ($12,100.00) for the purchase of 129 Stockbridge, be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Executive Director, Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. PASSED AYES - 8 NOES - 0 NO 67 M. KEARNS-P. CHADWICK-LEDWON-CONCERNS PROPERTY AT 821 ELK ST (CCP# 44, 11/12) That the Above item be the same and is hereby Referred to the Special Committee on Waterfront Development ADOPTED NO 68 K. LYNCH-FORECLOSURE STUDY (CCP# 37, 10/28) That the Above item be the same and is hereby Received and Filed ADOPTED NO 69 RESULTS OF NEGOTIATIONS - 441 EAST FERRY (ITEM NO. 7, C.C.P., APR. 15, 2008) (ITEM NO. 87, C.C.P., JUNE 24, 2008) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. LoCurto moved: That the offer from Mr. Geoffrey Gerow, residing at 449 East Ferry Street, in the sum of three thousand and six hundred dollars ($3,600.00) for the purchase of 441 East Ferry, be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Executive Director, Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. PASSED AYES - 8 NOES - 0 LEGISLATION (JOSEPH GOLOMBEK JR., CHAIRPERSON) NO 70 SEQR-API HEAT TRANSFER EXPANSION (ITEM NO. 6, C.C.P., DEC. 9, 2008) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. LoCurto moved: That the Common Council hereby adopts the Negative Declaration appended to the Environmental Assessment Form attached hereto. ADOPTED NO 71 SEQR RIVER WRIGHT ENERGY ETHANOL PLANT (ITEM NO. 7, C.C.P., DEC. 9, 2008) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. LoCurto moved: That the Common Council hereby adopts the Negative Declaration appended to the Environmental Assessment Form attached hereto. ADOPTED AYES – Fontana, Golombek, Kearns, LoCurto, Rivera, Russell, Smith-8 NOES – Franczyk-1 NO 72 REPORT OF AUCTION - 2347 BAILEY (ITEM NO. 8, C.C.P., DEC. 9, 2008) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Golombek moved: That the above item be recommitted to the Committee on Legislation ADOPTED NO 73 REPORT OF AUCTION - 1290 EAST FERRY (ITEM NO. 9, C.C.P., DEC. 9, 2008) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Golombek moved: That the above item be recommitted to the Committee on Legislation. ADOPTED NO 74 NYS EMPIRE ZONE #3 8 - INCLUSION OF RSP (ITEM NO. 48, C.C.P., DEC. 9, 2008) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. LoCurto moved: That the above-mentioned item be and the same is hereby received and filed. ADOPTED NO 75 OUTSIDE PATIO - CROC BAR 88 W CHIPPEWA (ITEM NO. 54, C.C.P., DEC. 9, 2008) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Golombek moved: That the above item be recommitted to the Committee on Legislation ADOPTED NO 76 B. DAVIS-R. RIENAS-PBA AND BUSTI AVENUE PROPERTIES (ELL) (CCP# 55, 12/09) That the Above item be the same and is hereby Received and Filed ADOPTED NO 77 T. MCCARROLL-URGING VERIZON TO PRIORITIZE THE COB FOR FIOS TV DEPLOYMENT (CCP# 58, 12/09) That the Above item be the same and is hereby Received and Filed ADOPTED NO 78 D. ZAPFEL, PETITION TO USE 2525 BAILEY- GROUND SIGN (ITEM NO. 60, C.C.P., DEE. 9, 2008) That the petition of D. Zapfel, agent, for permission to use 2525 Bailey for a 3' x 2.5', 64' height, non-illuminated sign be, and hereby is approved. PASSED AYES - 8 NOES - 0 NO 79 LOCAL LAW INTRO. #7 EMPIRE ZONE - 38 (ITEM NO. 91, C.C.P., DEC. 9, 2008) That the above item be, and the same hereby is returned to the Common Council without recommendation. Golombek moved: Mr. That the Local Law as contained in Item No. 91, C.C.P., December 9, 2008, be and the same hereby is approved. PASSED AYES - 8 NOES - 0 NO. 80 J. HAGUE- APRIL UPDATE ON ILLEGAL YARD SIGNS 300 LINWOOD AVE (CCP# 36, 10/28) That the Above item be the same and is hereby Received and Filed ADOPTED NO. 81 C. MICHENER-REQUEST NO PARKING SIGN OSCHAWA AVE (CCP# 38, 10/28) That the Above item be the same and is hereby Received and Filed ADOPTED NO. 82 B. DAVIS-CHIPPEWA ENTERTAINMENT DISTRICT METER POLES (#30, 10/14) That the above item be the same and hereby is Received and Filed. ADOPTED NO. 83 B. DAVIS-R. ALSHEIMER-INTERSECTION OF EDWARD & ELMWOOD TO CHANGED TO TWO WAY TRAFFIC (#55, 9/30) That the above item be the same and hereby is Received and Filed. ADOPTED NO. 84 LODGING HOUSE LICENSE - 45 WEST CHIPPEWA STREET (ITEM NO. 53, C.C.P., JULY 22, 2008) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Golombek moved that the above item be recommitted to the Committee Legislation ADOPTED NO. 85 M. LOCURTO-J. ROUCHE & O- REQUEST CHANGE IN PARKING REGULATIONS ON HARVEST AVE (DEL) (CCP# 52, 2/5) That the Above item be the same and is hereby Received and Filed ADOPTED NO. 86 FOOD STORE LICENSE - 465 BEST (ITEM NO. 35, C.C.P., SEPT. 16, 2008) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Golombek moved: Mr. Golombek moved that the above item be recommitted to the Committee on Legislation ADOPTED NO. 87 FOOD STORE LICENSE - 529 DODGE , (ITEM NO. 28, C.C.P., APR. 1, 2008) (ITEM NO. 102, C.C.P., APR. 15, 2008) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Golombek moved that the above item be recommitted to the Committee on Legislation ADOPTED NO. 88 ORDINANCE AMENDMENT - CHAPTER 254 - RENTAL DWELLING UNIT REGISTRATION (ITEM NO. 77, C.C.P., OCT. 28, 2008) That the Ordinance Amendment as contained in Item No. 77, C.C.P., October 28, 2008, be and the same hereby is approved. PASSED AYES - 8 NOES - 0 EDUCATION (DEMONE A. SMITH, CHAIRMAN) NO. 89 DEDICATING RIVERSIDE HS FIELD TO FORMER COACH CHARLES DINGBOOM(BD OF ED) (CCP# 50, 9/2) That the Above item be the same and is hereby Received and Filed ADOPTED NO. 90 STND DEDICATING RIVERSIDE HS FIELD TO FORMER COACH CHARLES DINGBOOM(EXCEPT 1 & 2 RES) (CCP# 122, 7/8) That the Above item be the same and is hereby Received and Filed ADOPTED NO. 91 TRUANCY ORDINANCE (COP# 129, 7/8) That the Above item be the same and is hereby Received and Filed ADOPTED SPECIAL COMMITTEE POLICE OVERSIGHT (BRIAN C. DAVIS) NO. 92 DRUG ASSET FORFEITURE WIRE TRANSFERS (POL) (COM #32, 9/16) That the above item be the same and hereby is Received and Filed. ADOPTED NO. 93 B. DAVIS-C. BROWN & OTHERS-REQUEST FOR CHANGES IN TRAFFIC CONTROLS ON HUDSON ST/OR PLYMOUTH (#89, 9/2)(#79, 9/30) That the above item is hereby referred to the Committee on Legislation. ADOPTED NO. 94 B DAVIS-C. RODRIGUEZ-INTRODUCTION OF MANDATE OF CITY'S COMM ON CITIZENS RIGHTS & COMMUNITY RELATIONS (#37, 6/10)(#85, 9/30) That the above item be the same and hereby is Received and Filed. ADOPTED NO. 95 SAFF REPORTS AND CURRENT STATUS (#31, 4/29)(#45, 10/14) That the above item be the same and hereby is Received and Filed. ADOPTED RESOLUTIONS NO. 96 BY: BRIAN C. DAVIS THE NEW YORK STATE DEPARTMENT OF TRANSPORTATION REQUEST PERMISSION TO USE CITY OF BUFFALO STREETS AS ALTERNATE ROUTES TO PERFORM MAINTENANCE AND REPAIRS TO THE BRIDGES ON THE 1-190 NIAGARA STREETRAMPS Whereas: The New York State Department of Transportation proposes to perform maintenance repairs to bridges, BIN 1063090 and BIN 1063100, on the Interstate 190 Southbound Ramps 'H' and 'J' (Niagara Street ramps) in the City of Buffalo, Erie County; and Whereas: The New York State Department of Transportation proposes to utilize the following roads and streets as detours during the period of construction: Niagara Street, South Elmwood Avenue, Church Street, Virginia Street, Trenton Avenue, Maryland Street, Porter Avenue, and Baird Drive; and Whereas: The New York State Department of Transportation will provide traffic control devices and the Department's maintenance responsibility will be limited to those devices. Now, Therefore Be It Resolved: That the Council of the City of Buffalo does hereby authorize the New York State Department of Transportation to utilize the above-mentioned roads and streets as detours during the period of construction; and Be It Further Resolved: That the City of Buffalo will continue to provide routine maintenance on the above mentioned roads and streets, including snow and ice control; and Be It Finally Resolved: That the clerk of this Council is hereby directed to transmit five (5) certified copies of this resolution to the New York State Department of Transportation. REFERRED TO THE COMMITTEE ON FINANCE AND THE DEPARTMENT OF PUBLIC WORKS NO. 97 BY MR. FONTANA EXCUSE COUNCILMEMBER DAVIS FROM MEETING Whereas: Councilmember Brian C. Davis will be unable to attend the Council meeting on Tuesday, December 23, 2008; Now, Therefore, Be It Resolved That: The Common Council excuses Councilmember Brian C. Davis from attending The Tuesday, December 23 2008, Common Council meeting. ADOPTED NO. 98 BY. MR SMITH AMENDMENTS TO 2009 CAPITAL BUDGET The decision to delete the citywide infrastructure line and create separate district specific lines is not based on firm economic principles or sound municipal management decisions. The logic of this decision is narrow minded and jeopardizes the City's ability to address significant infrastructure emergencies. A political game of chicken, to totally delete City-wide infrastructure funding and replace it with individual district allocations, against the will of the administration by a 5-4 vote or a slim majority, has ultimately left the City with zero dollars for City-wide infrastructure repairs and is highly irresponsible. Council Members are trying to become mini Mayors as well as determine what City priorities are with no consultation from engineers, planners or trained professionals. The brazen arrogance of the slim majority of the Council to try to comer the administration, without a supermajority, to veto the changes and lose City-wide infrastructure is politics at its worst that gambles with the safety of residents and is unproductive for the future of the City; and The division of the citywide infrastructure repair and replacement Line of $5,638,354 into 9 separate pots is not equally divided! $5,638,354 divided by nine is $626,483.77. The amendment lists the division as $593,150 a difference of $33,333.7 essentially leaving Masten with less than an equal share. What the Slim Majority of the Council failed to do is account for additional discretionary allocations of $150,000 for 8 members (totaling $ i .2 million) by not deleting an appropriate amount to coincide with the addition. Council deletions to account for the increases which were taken from BPD09001 (Police and Fire Radio) $365,000 & Bldg08001 (Conditions and Assessment of City Buildings) $535,000 only added to $900,000 (which would be $112,000 for each of the eight). $320,000 short of the needed $1.2 million wanted for Council Members discretionary spending. Essentially the remaining $320,000 is now being taken from the citywide infrastructure line to supplement additional discretionary dollars for 8 members, thus creating unequal alIocations of the citywide account. It should also be noted an additional cut of $321,680 was made from bldg09001 (City Hall) but an identical addition was made in Franklin -Linwood N. Pearl St Infrastructure of $321,680; and The parochial view that Martin Luther King, Jr. Park is a district project and not a citywide initiative is problematic. This way of planning, logic and action is the reason the pool has been left to deteriorate for over a decade while investments were made in other Olmsted parks, MLK was not maintained. No investments in the park were made for over 10 years from the 80's until the 90's. Erie County and the State of New York have noted the entire Olmsted Parks system as regionally significant assets. Most users of the park are not Masten District residents; and Due to the City's investment in a regionally significant project, Renovation of the MLK Park Basin, The Council has set a new precedent of prohibiting any district discretionary funding for a district Council Member where a large project is taking place. This has never been done before and there have been projects over two million dollars in districts but Council Members still received discretionary capital dollars. There are no established guidelines on how much city investment a project does not warrant to be excluded from receiving district allocations or who makes the determination. I truly believe this practice will not be enforced fairly as well. Written amendments requested at the Budget Committee Meeting in the prior week, were not received until the start of the special meeting to approve the City wide Capital Budget for 2009. The special meeting was recessed for 20 minutes and a different set of budget amendments were handed out for approval. No time for review was allowed which leads me to believe the involvement of nefarious purposes in the submission of the Capital Budget Amendments. 32% of the City's 2009 Capital Budget was changed with no opportunity to review besides on the question on approval. This is a very bad way to conduct the peoples business with surprise amendments on the floor. The Council Itself has gone on record numerous times against this measure, but utilizes this method of ruse in its approval procedures is contemptible; and Due to improved economic status, The City is in the process of seeking an upgrade in credit rating to lower borrowing costs in an arduous economic climate; No city-wide infrastructure compromises the effort with credit rating agencies; Now Therefore Be It Resolved: That funding allocated to the Masten District be transferred to the City-wide infrastructure line; and Be It Further Resolved: Ellicott, Niagara, University and North District specific allocations be transferred to the City-wide infrastructure REFERRED TO THE COMMITTEE ON LEGISLATION. NO. 99 BY: DEMONE A SMITH APPOINTMENTS COMMISSIONERS OF DEEDS REQUIRED FOR THE PROPER PERFORMANCE OF PUBLIC DUTIES That the following persons are hereby appointed as Commissioner of Deeds for The term .ending December 31, 2010, conditional upon the persons so appointed certifying under oath to their qualifications and filing same with the City of Buffalo Ahmed, Joseph S. Arcara, Michael Arnold, Allison Arthur George K. Azzarello, Leanne Bannister, William C. Baudo, Catherine . Beeny, Kathleen Bernacik, William P. Bettinger, Christine M. Bevelock, Patsy J. Blake, William P. Blakeley, Kelli Blosat, Gregg G. Borrelli, Antonio Brown, Sandra D. Bursie, Ernest W. Buth, Sean K. Buyers, Deborah A. Carter, Calvin D. Carter, Richard A. Caruso, John W. Cash, Joelle D. Caulfield, Thomas E. Cavaretta, Judith M. Chwojdak,, Gary Colangelo, Salvatore Collins, Timothy Colucci, Lawrence R. Comerford, Mary K. Cooley, William J. Crowe, Donald A. Dee, James T. Delano, Sr, Paul R. Diague, Deborah S. Diehl, Marilyn M. DiFonzo Dawn M. DiGiulio, Joyce M. DiPasquale, Frank Doyle, Richard P. Duderwick, Jay B. Duffy Teresa M. Dunham, James P. Eldridge, Patrice R. Ellis, Kathleen J. Emerson Harold J. Eschborn Wendy S. Evans, Mary C. Farley, John P. Farrell, Theresa Fecio, John Feliz Yasaias Flowers, Michael J. Galante, Paola R. Gannon, Paul T. Gaspar, Michael F. Gawlick, Barry Geier Lisa A. Geller-Alongi, Rise T. Gordon, Dana M. Gregg, Melanie J. Griggs, Marlene L. Grzebielucha, Pamela L. Gugliuzza, Mary E. Guzman, Francisco Heidinger, Nicholas C. Hennessy Ed Hilly, Michele D. Hirsch, Scott E. Hussar, Michele T. Irwin, Patrick K. James, Ivy A. Jones, Fred Jones, Kerry F. Jr. Harris Phelix Jr. Joseph E. Jr. Smith Dennis A. Judge, Patrick J. Kasianowicz, Christine Kiefer, Brendan J. Kiszewski, Sherry L. Kobler, David S. Kubala, Michelle R. Lanc, Marilyn F. Lapinski, Darlene Lark, Barbara A. Lauber, Mark J. Lauria Nancy Lawson, Margaret A. Lema, James A. Lenczyk, Carolyn Lewis Patrick T. Licata, Olivia A. Lillis, David Linkowski, Robert Liolkowski Mary J. Lonergan, James P. Lotempio Thomas Lozano Kevin J. Lynch, John J. Maciejewski, Joseph L. Malec, Scott Malkowski, Steven R. Maloney, Kevin F. Martinez Brian K. Masterson, Thomas J. Mathewson, Loretta Mayer, Pamela L. Mayfield, Jean F. Mazur, Paul McCabe Erin McCarthy, Jacqueline McCarthy, Thomas McFoy Olvwole McGrath, Leo McLaughlin, Willie Minor, Reginald Mirco Inez Mourgas, Nicholas A. Nathan K Jo Nichols, Steven J. Niemann, Edward C. Ó Neill James J. Olszewski Julie Ortiz Edwin O. Pandolfino, Bert Parisi Jill M. Parker, Annette Perez, Natalie Phillips Kevin S. Pierchala, Joseph Pleasant Teresa A. Podsiadlo, Kathleen Pratts, Mario T. Pryndota, Maria Rambino, David J. Reilly, Debra A. Renzoni, Debbie A. Richards, Dennis J. Richardson, Marie Rinaldo, Jeffrey Ritz Teri Buffum Rodriguez, Evelyn Ross, Brian G. Salamone, Timothy J. Santiago Lydmia Sawicki, Mary Ellen Schmitz, Michelli Schuster, Mary Pat Scinta, Maria L. Sciortino Brenda Shell Jason C. Simich, John P. Solanke Gwendolyn Solomon, Joyce M. Starzynski, Margaret A. Szilagyi Michael A. Terry, Donna L. Thibaudeau Peter Thill Amy Timineri, Elizabeth Tomizzi Joseph J. Turner, Steven M. Tyler, Lawrence A. Vanevery Donald A. Vaughn, Mark J. Wagstaff, Richard Walker-Jarmon, Pamela L. Walsh, Noreen E. Weiss, Barbara J. Wetter Marilyn Weyand, Jeffrey R. White, Phillis A. Williams, Danny Wilson Paul Wisniewski, Marilyn Wolasz, Michael Zanistowski Pamela Zulewski Michael TOTAL : 179 ADOPTED NO. 100 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: Alspaugh, Tyler A. Bailey, Daniel F. Block, Carmen Carey, William E. Crist, Jill Diagne, Deborah S Diggins, Nora A. Gainous, Juanita Gospodarski, Lymlette M. Harris, Sr., Phelix Hill, Sean Dennis Melchiorre, Alfi'ed Nowaczyk, Marian O'Connell, Barbara Palmer, Viola Rechan, Renee Rodrignez, Jessica Rosa, Elena Sacco, Frank Sharman, Sharon Stevens, Kristin H. Taft, Lucinda M. Taylor, Teresa L. Van Every, Donald A. Wagner, Lyrme Williams, Fumette J. Young, Pauline Total: 27 ADOPTED NO. 101 ANNOUNCEMENT OF COMMITTEE MEETINGS th The following meetings are scheduled. All meetings are held in the Common Council Chambers, 13floor City Hall, Buffalo, New York, unless otherwise noted. Regular Committees Committee on Civil Service Tuesday, December 30, 2008 at 9:45 o'clock A.M Committee on Finance Tuesday, December 30, 2008 at 10:00 o'clock A.M. following Civil Service Committee on Comm. Dev. Tuesday, December 30, 2008 at 1:00 o'clock P.M Committee on Legislation . Tuesday, December 30, 2008 at 2:00 o'clock P.M. (Public Disclaimer): All meetings are subject to change and cancellation by the respective Chairmen of Council Committees. In the event that there is sufficient time given for notification, it will be provided. In addition there may be meetings set up whereby the City Clerk's Office is not made aware; therefore, unless we receive notice fi'om the respective Chairmen, we can only make notification of what we are made aware. NO. 102 ADJOURNMENT On a motion by Mr. Fontana, Seconded by Mrs. Russell, the Council adjourned at 2:45 PM GERALD CHWALINSKI CITY CLERK SPECIAL SESSION PROCEEDINGS DECEMBER 15, 2008 AT 10:00 AM PRESENT DAVIS, FONTANA, FRANCZYK, GOLOMBEK, KEARNS, LOCURTO, RIVERA, RUSSELL, SMITH – 9 ABSENT - NONE NO. 1 CALL FOR SPECIAL SESSION December 11, 2008 Mr. Gerald A. Chwalinski City Clerk 1308 City Hall Buffalo, New York Dear Mr. Chwalinski: Pursuant to Section 3.9 of the Charter of the City of Buffalo, upon the written request of Five Councilmembers, dated December 11, 2008 presented to you herewith, I hereby call a Special Meeting of the Common Council, to be held in the Council Chambers, City Hall, Buffalo, New York, on December 15, 2008 at 10:00 A.M. for the following puposes: To receive and take appropriate action on : All Items Relating To 1 .) Capital Budget Yours very truly, David A. Franczyk President of the Council 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 December 11, 2008, DAVID A. FRANCZYK, President of the Common Council, has called a Special Meeting of the Common Council, to be held in the Council Chambers, City Hall, Buffalo, New York, on December 15, 2008 at 10:00 A:M. for the following purpose: To receive and take appropriate action on all items relating to All Items Relating To 1.) Capital Budget Yours very truly, Gerald A. Chwalinski City Clerk 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.) Capital Budget We request that this Special Meeting be held on December 15, 2008 at 10:00 A.M. DAVID A FRANCZYK MICHAEL J. LOCURTO MICHAEL P. KEARNS BONNIE E. RUSSELL RICHARD A. FONTANA DAVID A. RIVERA 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: hereby states that he/she received twenty-four (24) hours' notice of the time and purpose of the Special Meeting of the Common Council dul called to be held on December 15, 2008 at 10:00 AM MICHAEL J. LOCURTO MICHAEL P. KEARNS BRIAN C. DAVIS BONNIE E. RUSSELL DEMONE SMITH RICHARD FONTANA JOSEPH GOLOMBEK JR. DAVID A. RIVERA STATE OF NEW YORK COUNTY OF ERIE) ss: CITY OF BUFFALO) On this 11 th day of December 2008, before me, the subscribers, personally appeared To me known to be the same persons described in and who executed the foregoing instrument, and they duly and severally acknowledged to me that they executed the same. Commissioner of Deeds, in and for the City of Buffalo, N.Y. My Commission expires 12/31/08 TO: THE COMMON COUNCIL RECEIVED AND FILED FROM: THE EXECUTIVE DEPARTMENT NO. 2 2009 CAPITAL BUDGET RECOMMENDATIONS & 2009-2013 CAPITAL IMPROVEMENTS PROGRAM RECOMMENDATIONS In accordance with §20,24 of the City Charter, attached please find my recommended 2009 City of Buffalo Capital Budget and 2009-2013 recommended Capital Improvements Program. Based on the Comptroller's recommended debt limits, the 2009 Capital Budget consists of $21.5 million in funding for City of Buffalo projects, and $5.1 million for Buffalo Public Schools projects. ha recommending individual expenditures, my administration has thoroughly reviewed the recommendations of the Citizens Planning Council (CPC) and has submitted a recommended budget consistent with the CPC's funding recommendations. My recommended capital budget contains a wide variety of capital improvement projects, including over $1 million for community center improvements, $2 million for the reconstruction of the Martin Luther King, Jr. Park splash pad, an additional $750,000 for parks citywide, $535,000 for a comprehensive condition survey of all city-owned buildings and $2.3 million for demolitions. The City's $21.5 million in funding is also highlighted by: • Broadway Market General Improvements $107,000 • Seneca Street Streetscape Improvements $500,000 • LaSalle Park Centennial Pool/Splash Pad $53,000 • LaSalle Park Shelter House $32,100 • LaSalle Park Dog Park $26,750 • Riverside Park Lighting & Field Improvements $53,500 • Johnny B. Wiley Sports Complex Improvements $53,500 • Shoshone Park Field & Pool Improvements $26,750 • Upgraded Police & Fire Radio System $2,140,000 • Buffalo & Erie County Historical Society Electrical System Upgrade $642,000 • Autumnwood Senior Center Reconstruction $107,000 • Lafayette Rink Improvements $168,000 • Emergency Bridge Repairs $535,000 • Niagara Street GatewayProject $110,265 • Buffalo Public Schools $5,100.00 RECEIVED AND FILED NO. 3 CAPITAL BUDGET AS AMENDED The budget amendments are available for review in the City Clerk’s Office PASSED AS AMENDED AYES – FONTANA, FRANCZYK, KEARNS, LOCURTO, RIVERA - 5 NOES – DAVIS, GOLOMBEK, RUSSELL, SMITH – 4 NO 4 CAPITAL BUDGET AS AMENDED Available for review in the City Clerk’s Office Mr. Davis made a motion to separate and vote on amendments and deletions At 11:25 am Mr. Fontana made a motion to recess for 15 minutes seconded by Mr. Smith At 11:50 am Mr. Fontana made a motion to reconvene, seconded by Mr. Smith Mr. Davis made a motion to vote on recommended Council Deletions line by line Mr. Davis made a motion to Motion to Restore Deletion $535,000 seconded by Mr. Smith AYES – DAVIS, RUSSELL, SMITH - 3 NOES – FONTANA, FRANCZYK, GOLOMBEK, KEARNS, LOCURTO, RIVERA – 6 LOST Mr. Davis made a motion to restore $321,680 seconded by Mr. Smith AYES - – DAVIS, GOLOMBEK, RUSSELL, SMITH - 4 NOES – FONTANA, FRANCZYK, KEARNS, LOCURTO, RIVERA – 5 LOST Mr. Davis made a motion to restore $365,000 seconded by Mrs. Russell AYES - – DAVIS, GOLOMBEK, RUSSELL, SMITH - 4 NOES – FONTANA, FRANCZYK, KEARNS, LOCURTO, RIVERA – 5 LOST Mr. Davis made a motion to restore $5,638,354 seconded by Mr. Smith AYES - – DAVIS, GOLOMBEK, RUSSELL, SMITH - 4 NOES – FONTANA, FRANCZYK, KEARNS, LOCURTO, RIVERA – 5 LOST At 12:05 PM Mr. Kearns made a motion to recess for 5 minutes seconded by Mr. Fontana Mr. Fontana made a motion to reconvene at 12:10 pm seconded by Mrs. Russell Mr. Fontana made a motion to approve Capital Budget as amended, seconded by Mr. LoCurto PASSED AYES –FONTANA, FRANCZYK, KEARNS, LOCURTO, RIVERA - 5 NOES - DAVIS, GOLOMBEK, RUSSELL, SMITH – 4 NO 5 ADJOURNMENT On a motion by Councilmember Fontana, Seconded by Mrs. Russell the Council adjourned at 12:20 PM Wilmer Olivencia, Jr ADOPTED ACTING CITY CLERK SPECIAL SESSION PROCEEDINGS DECEMBER 16, 2008 AT 1:45 PM PRESENT FONTANA, FRANCZYK, GOLOMBEK, KEARNS, LOCURTO, RIVERA, SMITH – 7 ABSENT - DAVIS, RUSSELL- 2 NO. 1 CALL FOR SPECIAL SESSION Dear Mr. Chwalinski: Pursuant to Section 3.9 of the Charter of the City of Buffalo, upon the written request of Five Councilmembers, dated December 15, 2008 presented to you herewith, I hereby call a Special Meeting of the Common Council, to be held in the Council Chambers, City Hall, Buffalo, New York, on December 16, 2008 at 1:45 P.M. for the following purposes: To receive and take appropriate action on : All Items Relating To 1. Claims Committee Agenda We request that this Special Meeting be held on December 16, 2008 at 1:45 PM David A. Franczyk Richard A. Fontana Michael P. Kearns David A. Rivera Michael LoCurto OFFICE OF THE CITY CLERK GERALD A. CHWALINSKI 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 March 25, 2008, DAVID A. FRANCZYK, President of the Common Council, has called a Special Meeting of the Common Council, to be held in the Council Chambers, City Hall, Buffalo, New York, on Tuesday December 16, 2008 at 1:45 P.M. for the following purpose: To receive and take appropriate action on all items relating to 1. Claims Committee Agenda Pursuant to Rule 2 of the Rules of Order of the Common Council of the City of Buffalo, each of the following named members of the Common Council, to wit: BRIAN DAVIS JOSEPH GOLOMBEK MICHAEL LOCURTO BONNIE E. RUSSELL RICHARD FONTANA MICHAEL P. KEARNS DAVID A. RIVERA 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 December 16, 2008 at 1:45 P.M. Michael P. Kearns David A. Rivera Michael LoCurto Richard A. Fontana Joseph Golombek Brian C. Davis Bonnie Russell Demone Smith STATE OF NEW YORK COUNTY OF ERIE) ss: CITY OF BUFFALO) On this 15th day of December, 2008 before me, the subscribers, personally appeared To me known to be the same persons described in and who executed the foregoing instrument, and they duly and severally acknowledged to me that they executed the same. Christine A. Lehner Commissioner of Deeds, in and for the City of Buffalo, N.Y. My Commission expires 12/31/08 RECEIVED AND FILED NO. 2 CLAIMS COMMITTEE AGENDA CLAIMS PERSONAL INJURY A-1 John Butler $ 3,5000.00 A-2 Ulysses Foster $25,000.00 A-3 Patricia Pabon $75,000.00 A-4 Kelly Wegryzn $ 3,000.00 A-5 Deborah Allen $35,000.00 A-6 Ida DiPalma $ 4,200.00 A-7 Demmis D’Auria $30,000.00 PROPERTY DAMAGE B-1 Kelly Basile $ 449.79 B-2 Briget Brown $ 546.44 B-3 Richard Fininzio $ 37.00 B-4 First Niagara Bank $ 5,700.00 B-5 Melissa Gokey $ 179.43 B-6 James Greenberg $ 2,000.00 B-7 Concetta Grieco $ 1,275.64 B-8 Mary Harrison $ 2,985.50 B-9 Gerald Komorowski $ 138.00 B-10 Pat Laity $ 175.00 B-11 Deborah Lipinski $ 723.00 B-12 Calvin Peyton $ 3,270.00 B-13 David Sawicki $ 369.74 B-14 Dashawn Stroud $ 457.30 B-15 Suzanne Todaro $ 140.00 MISCELLANEOUS INVOICES C-1 Air Cleaning Systems $ 482.35 C-2 Bluepay Inc $ 317.14 C-3 Buffalo OccMed LLC $95,359.39 C-4 Buffalo Police Benevolent Assn $ 6,922.50 C-5 Coventry WC Services $69,066.06 C-6 Dreamco Development Corp $34,545.16 C-7 Niagara Frontier Trans Authority $ 4,249.98 C-8 Xerographic Solutions $ 1,242.00 C-9 Xerox Corporation $ 4,608.31 C-10 Jimmie Steward $ 439.00 REFERRED TO THE COMMITTEE ON CLAIMS NO. 3 ADJOURNMENT ON A MOTION BY MR. FONTANA, SECONDED BY MR. RIVERA THE COUNCIL ADJOURNED AT 1:49 PM WILMER OLIVENCIA DEPUTY CITY CLERK