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Home My WebLink About08-1125 (2) No. 22 PROCEEDINGS OF THE CITY OF BUFFALO November 25, 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 11/25/2008 **FINAL** MAYOR 1- A. Labor Contract Settlement for Local 264 APP 2- B. Renewal/Ext of Mngt Agreement Between Zoological Soc of Bflo Inc and COB_ FIN MAYOR – EXECUTIVE 3- 1. Cit Serv-Response to Concerns P. Chadwick-Ledwon-821 Elk St R&F MANAGEMENT INFORMATION SYSTEMS 4- 2. Appt Network Engineer(Prov)(Interm)(Colern) CS 5- 3. Appt Sr Data Processing Equip Oper(Temp)(Interm)(Somma) CS PUBLIC WORKS 6- 4. Endorsement of Bflo Olmsted Pks Conserv Appl for Recreational Tails Grant Funding R&F 7- 5. Perm to Increase Contract Bergmann Associates FIN 8- 6. Report of Bids Amherst St Signal Improvement Project APP 9- 7. Appt Equip Operator(Prov)(Max)(Coyle,Monteleone) CS 10- 8. Appt Heavy Equip Operator(Prov)(Inter)(Mazur) CS PERMITS AND INSPECTIONS 11- 9. Food Store License-2483 Bailey(Lov) APP 12- 9A AM&A’s Warehouse ECIDA PILOT Agmt Authorization FIN CITY CLERK 13- 10. Liquor License Applications R&F 14- 11. Leaves of Absence R&F 15- 12. Reports of Attendance R&F 16- 13. Notices of Appointments-Mayors Program R&F 17- 14. Notices of Appointment-Seasonal R&F 18- 15. Notices of Appointments- Temp/Prov/Perm CS MISCELLANEOUS 19- 16. LP Ciminelli-Board Packet Documents-November 2008 R&F 20- 17. S. Doleski-NYSDEC Review of Envir Impact Bflo Niagara Medical Campus North End Projects LEG 21- 18. T. Herrera-Mishler-Olmstead Parks Response-Peace Bridge Exp Project CD 22- 19. J. Hornung-Inventory List-EC Parks Dept City Div-Equip & Employees FIN 23- 20. O. McFoy-Bflo Water Systems Monthly Operations Report October 2008 FIN 24- 20A M. Romanowski-Abandonment of Goodrich St Btwn Ellicott and Michigan LEG,OSP,PW,PL BD 25- 21. A. Thompson-Req Traffic Camera at Intersection of Fillmore & Sycamore POL OV RESOLUTIONS 56- 21A. Davis Appts to Shared Asset Forfeiture Fund Advisory Committee (Judge-Johnson, Williams ADOPT 57- 22. Davis Shoreline Apartments Renovation Proposal ADOPT 58- 22A Fontana Excuse Councilmember Rivera From Council Meeting ADOPT -------23. Franczyk Auth Funding Agmt & Accept Funds From BURA-Step 2 Brownfields Opportunity Area Project WITHDRAWN 59- 23A Franczyk Additional Appts to Broadway Mkt Task Force (Biniasz, McPhearson, ) ADOPT 60- 24. Golombek, etc Permission to Hang Banner Across Delaware Ave ADOPT 61- 25. LoCurto Scajaquada Creekside Recreation Trail APP 62- 25A Russell Salary Ordinance Amendment Various Depts. APP 63- 25B Russell Salary and Wage Schedule B. APP 64- 25C Smith etc Opposition to Rate Increass By NFTA ADOPT 65- 26. Smith Comm of Deeds Public Duties ADOPT 66- 27. Smith Comm of Deeds ADOPT SUBMISSION LIST OF COMMITTEE ITEMS FOR THE COUNCIL MEETINGS CIVIL SERVICE 26- 1. Com 35 Nov 12 Addendum to Agmt With I/o Solutions-Police Promotional Make Up Oral for Military Candidates(CS) APP 27- 2. Com 40 Nov 12 Notices of Appointments-Temp/Prov/Perm(Cty Clk) R&F FINANCE 28- 3. No 42 Nov 12 M. Kearns-Article Regarding City Leaf Removal(2007) R&F 29- 4. Com 14 Nov 12 Updated Travel Expense Guidelines(Compt) R&F 30- 5. Res 80 Nov 12 Budget & Personnel Amendment-Public Works, Parks & Streets APP 31- 6. Res 71 Oct 28 Req for Audit of the Recapture of City Assets on the Termination st Of the Broadway Market Mngt Agreement(except 1 Res) R&F COMMUNITY DEVELOPMENT 32- 7. Res 73 Nov 12 Req to Amend LDA-50 Court St (hrg 11/25) APP 33- 8. Com 4 Nov 12 Strat Plan-Request to Amend Land Disposition Agmt- 50 Court St(Ell)(Mayor) R&F 34- 9. Com 7 Nov 12 Strat Plan-Results Negotiation-105 Lopere(Fill)(Mayor) APP 35- 10. No 35 Sept 18 B. Campbell-Peace Bridge Exp Proj-Draft Envir Impact Statement R&F LEGISLATION 36- 11. No 66 Nov 12 J. Perisco Owner, Rezone 11 West Northrup From A (CM)Commercial To a (R2) Dwelling District (Univ)(Hrg 11/12)(#42,10/28) APP 37- 12. Com 28 Nov 12 Second Hand Dealer-1049 Broadway (Fill)(EDPI) APP 38- 13. Com 30 Nov 12 Second Hand Dealer-2400 Seneca St (South)(EDPI) APP 39- 14. Res 81 Nov 12 Ordinance Amendment Ch 270-Eviction for Illegal Drug Use APP 40- 15. Res 82 Nov 12 Ordinance Amendment Ch 150-Dance and Dance Halls APP 41- 16. No 80 Sept 30 Recommendations-Four Applications for Landmark Sites (Pres Bd)(Pbl Hrg 9/23)(#3, 9/2)(Except Heath House & Elmwood Park-former school 46 at 389 Virginia) R&F 42- 17. Res 131 Mar 4 Parking Reg-Lafayette Pres Church-592 Lafayette Ave R&F SPECIAL COMMITTEES BUDGET 43- 18. Com 14 July 8 Third Quarter Gap Sheets R&F 44- 19. Com 23 Apr 29 Schedule of Common Council Committee Meetings and Budget Hearings(CP) R&F 45- 20. Res 127 Apr 16 Req City Depts & BURA to Submit Travel Expenses From 7/2006 stnd (Exec 1 & 2 Resolve) FIN 46- 21. Com 35 Mar 4 Second Quarter Gap Sheet FY Ending June 30, 2008 (Compt) R&F 47- 22. Com 15 Jan 22 Comprehensive Annual Financial Report for the Fiscal Year Ended June 30, 2007(Compt) R&F nd 48- 23. Com 27 Feb 19 2 Quarter Gap 2007-2008 R&F 49- 24. Com 3 May 15 COB Four Year Financial Plan-5/1/07 (Mayor) R&F 50- 25. No 67 May 15 P. Wolf-Responses-Support of Creating Quality of Life Ctrs. R&F 51- 26. No 79 Sept 4 D. Bonifacio-Capital Improvement Program Memo Aug 1, 2007 R&F 52- 27. Res 114 Oct 30 Bringing City Govt Closer to Our Neighborhoods by Est Neighborhood Quality of Life Centers(#130,4/17) R&F 53- 28. No 65 Apr 4 B. Davis-H. Nowak-Funding for Receivership Revolving Loan Fund R&F 54- 29. Com 2 May 2 Funding for Receivership Dev. Loan Fund (Strat. Plan.) R&F WATERFRONT DEVELOPMENT 55- 30. No 71 July 22 C. Avino-Concerns Safety at Buffalo Naval Park (Speeding Vehicles) R&F CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO TUESDAY, NOVEMBER 25, 2008 AT 2:00 P.M. Present - David A. Franczyk, President of the Council, and Councilmembers: Davis Fontana, Golombek, Kearns, LoCurto & Russell & Smith - 8 Absent - Rivera - 1 On a motion by Mr. Fontana, Seconded by Mr.Kearns , the minutes of the stated meeting held on November 12, 2008 were approved. FROM THE MAYOR NO 1 LABOR CONTRACT SETTLEMENT FOR LOCAL 264 I hereby submit for Your Honorable Body's consideration and approval the attached contract with AFSCME Local 264, which has been agreed to by the Union Leadership and duly ratified by its membership after lengthy negotiations by all parties. This nine year contract provides for a $1,350 increase in salary beginning July 1, 2007, a 3.1% increase and $1,400 increase July 1, 2008, a 4.1% increase July 1, 2009 and a 4.15% increase July 1, 2010. The Union will receive increased auto allowance to $18 per day, increased Medical in Lieu payments and all employees will be put at the step they should have been absent the wage freeze, July 1, 2007. We anticipate that the contract will save money through 2011. Current employees will move to the Blue Cross/Blue Shield Traditional POS 204 Health Plan and new employees will pay a contribution to their health care. Employees will give up one personal leave day and their daily wash up time. The union has withdrawn claims on all litigation. The Contract has additional management rights with respect to drug testing, employee handbook, vesting of retirement health care and creation of additional pay steps for new employees. In addition, all new employees must maintain their residence and domicile in the City of Buffalo, including the Sanitation workers who are currently exempt from this provision. I urge Your Honorable Body to approve this contract at your earliest opportunity. Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated November 20, 2008, be received and filed; and That the Memorandum of Agreement between the A.F.S.C.M.E., Local 264, for the contract period July 1, 2007 through June 30, 2011; effective November 18, 2008, be and hereby is approved and ratified. COPY AVAILABLE IN THE CITY CLERKS OFFICE FOR REVIEW PASSED AYES -8 NOES – 0 NO 2 RENEWAL/EXTENSION OF MANAGEMENT AGREEMENT BETWEEN ZOOLOGICAL SOCIETY OF BUFFALO, INC. (THE "ZOOLOGICAL SOCIETY") AND CITY OF BUFFALO The Zoological Society has operated, maintained and managed the Zoo under written agreements with the City of Buffalo since at least 1973. The Zoo is located on City-owned property. Attached for your consideration is a draft of an Agreement which extends/renews this important and mutually beneficial management and operation arrangement. The renewal Agreement extends the management arrangements with the Zoological Society for another 10 years and continues to provide the yearly $136,000 operational subsidy from the City to the Zoological Society that has been in place for several years. The Agreement also keeps in place certain in-kind services and amenities which the City has been providing to the Zoological Society free of charge over the decades. These in-kind services and amenities are worth conservatively nearly $800,000 and include: 1. Water supply (value estimated at over $100,000 per year) 2. Sewer service (value estimated at over $38,000 per year) 3. Street paving and maintenance and snow removal from roadways adjoining the Zoo (value estimated at $125,000) 4. Forestry and park staff assistance from City's Department of Public Works, Parks & Streets (value estimated at $27,000) 5. Inclusion of Zoo's gas and electric utility usage in City's utility "pool" for optimal utility cost and pricing opportunities through City's bulk purchase (Zoological Society will continue to pay City's charged-back invoices for the Zoo's actual gas and electric usage charges) (value estimated at 10-15% savings of total charges of over $600,000, worth approximately $60,000) 6. General repair and other maintenance services in the discretion of the Commissioner of Public Works, Parks & Streets ($47,000) 7. Forgiveness of a $41,000 annual entertainment fee (stipulated in the current contract) worth $205,000 since the zoo's last payment in 2003 8. Most recently, $147,000 for roof repairs I am requesting that your Honorable Body authorize my office to execute an Agreement in substantially the same form and substance as attached to this communication, with only such clarifications and modifications as are recommended by the Corporation Counsel's office in conjunction with finalizing the final form of the Agreement with the Zoological Society and their Counsel. I am further requesting that your Honorable Body authorize my office and/or other City personnel to enter into such other agreements and other appropriate arrangements and to take all such steps and actions as shall be necessary to facilitate the implementation of the Agreement in its final form. COPY AVAILABLE IN THE CITY CLERKS OFFICE FOR REVIEW REFERRED TO THE COMMITTEE ON FINANCE. FROM THE MAYOR FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE OFFICE OF CITIZEN SERVICES NO 3 CIT SERV-RESPONSE TO CONCERNS P. CHADWICK-LEDWON-821 ELK ST Dear Ms. Rushton: I am in receipt of your correspondence dated November 13, 2008 regarding, Item # 44, C.C.P. November 12, 2008 "Correspondence from Peggy Chadwick-Ledwon, President CWA Local Upon further review of the correspondence, our department has put in a service request for the city owned property to be cleaned case number 413751. Ms. Peggy Chadwick-Ledwon will receive a letter to her office stating when the problem will be addressed and how to contact us for further updates. We appreciate this matter being brought to our attention and welcome the future plans that the Communications Workers of America Local 1133 v/ill bring to the city. Thank you. Oswaldo Mestxe Jr., Director RECEIVED AND FILED FROM THE COMMISSIONER OF MANAGEMENT INFORMATION SYSTEMS NO 4 APPT NETWORK ENGINEER(PROV)(INTERM)(COLERN) Certificate of Appointment Appointment Effective November 3, 2008 in the Department of MIS to the Position of Network Engineer Provisional Appointment Step 3 Starting Salary of $46,104 Mark Colern, 38 Rutland, Buffalo 14220 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO 5 APP SR DATA PROCESSING EQUIP OPER (TEMP)(INTERM)(SOMMA) Certificate of Appointment Appointment Effective November 10, 2008 in the Department of MIS to the Position of Sr. Data Processing Equipment Operator, Temporary Appointment Step 3 Starting Salary of $36,779 Muriel Somma, 83 Grimes, Buffalo 14212 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO 6 ENDORSEMENT OF BUFFALO OLMSTED PARKS CONSERVANCY APPLICATION FOR RECREATIONAL TRAILS GRANT FUNDING The Buffalo Olmsted Parks Conservancy (BOPC) seeks Safe Accountable Flexible Efficient Transportation a Legacy for Users (SAFETEA-LU) funding for is non-motorized, diverse use of pathways and trails in Delaware Park. This project is included in the Olmsted stCentury Park System's Plan for the 21 which defines over 300 projects to be implemented over the next 20 years. , The BOPC has consulted with the Department of Public Works, Parks and Streets to seek support of the BOPC application for $200,000 in SAFETEA-LU funding to extend the improvements of the Scajaquada Creekside Recreation Trail from its current termination point, in Delaware Park, at the Japanese Garden and the Buffalo Erie County Historical Society to a pedestrian bridge (ADA compliant) and on to the highly utilized Delaware Park Ring Road trail and the beautiful and heavily utilized Hoyt Lakeside trail. The Hoyt Lake Trail portion of the project will be renovated with a $250,000 grant from the State of New York. The BOPC will be the grantee and will secure all necessary match funding; no funds are requested from the City of Buffalo. The 36-mile Scajaquada Creekside Recreation Trail connects along the Niagara River from Lake Erie to Lake Ontario, and links the Riverwalk trail directly to the Olmsted trail system with over 86 miles of trails. This phase of the project is estimated at $1.2 million which has been fully funded through a grant from the NYPA Greenway Commission. NYPA will fund the construction documentation and implementation of trail improvements, linking together many of Western New York States most notable cultural institutions. The Department of Public Works, Parks and Streets is supportive of the trail extension for its continuity with the overall recreational opportunity for walking and biking provided by the Scajaquada and Olmsted Trail systems. The Department is also supportive of the grant application, recognizing that the implementation of the project will require no financial commitment in terms of a match from the City of Buffalo. I am recommending that your Honorable Body endorse the BOPC application for funding to enhance recreational trails around Delaware Park, as this project will promote use of city-owned property for the benefit of our citizens. RECEIVED AND FILED NO 7 PERMISSION TO INCREASE CONTRACT BERGMANN ASSOCIATES CONTRACT #92011215 I hereby submit to Your Honorable Body the following change for this contract. Bergmann Associates is the engineering consultant for the GIS Implementation Project for the City of Buffalo. The project included detailed design, modeling, application and data development and software integration. This increase is necessary for additional design services due to a software version upgrade released by the software vendor, ESRI, as well as additional data development services for the Division of Water. I respectfully certify that this increase is fair and equitable for the work involved, and respectfully request that Your Honorable Body approve the subject change order and authorize the Commissioner of Public Works, Parks & Streets to issue said increase for $91,540.00. The funds are available in Capital Projects account 31655806 445100. Original Contract Amount: $409,535.00 This Change Order: $ 91,540.00 Total: $501,075.00 REFERRED TO THE COMMITTEE ON FINANCE NO 8 REPORT OF BIDS AMHERST STREET SIGNAL IMPROVEMENT PROJECT PIN #5758.80 This is to advise Your Honorable Body that I have advertised and received bids on November 12, 2008 The lowest three bids received were: Contractor Base Bid Total Bid Price CATCO $1,182,865.03 $1,242,008.29 1266 Townline Rd. Alden, NY 14004 Destro & Bros. Concrete Co., Inc. $1,188,177.05* $1,247,585.91 411 Ludington St. Buffalo, NY 14206 South Buffalo Electric $1,546,046.15* $1,623,351.61 1250 Broadway St. Buffalo, New York 14212 *CORRECTED AMOUNT I hereby certify that the lowest responsible bidder for the above project is CATCO and I respectfully recommend that Your Honorable Body authorize a contract award to CATCO in the amount of $1,242,008.29. (Base Bid of $1,182,865.03 + [5% unit price increases] $59,143.26equals [Total Award] $1,242,008.29). The engineer's estimate for this work is $1.2M. This project is a 95% reimbursed Federal Aid Highway Project and funds for this project are available in our Capital Account #31960206- 445100. Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated November 17, 2008, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to award a contract for Amherst Street Signal Improvement Project, PIN #5758.80, to CATCO, the lowest responsible bidder, in the amount of $1,242,008.29 (Base Bid of $1,182,865.03 + [5% unit price increase] $59,143 equals [Total Award] $1,242,008.29. Funds for the project are available in Capital Account #31960206- 445100. PASSED AYES - 9 NOES - 0 NO 9 APPT EQUIP OPERATOR (PROV)(MAX)(COYLE, MONTELEONE) Certificate of Appointment Appointment Effective November 13, 2008 in the Department of Public Works Division of Streets to the Position of Equipment Operator Provisional Promotion Maximum Starting Salary of $31,838 Peter Coyle, 140 North Street Apt #22, Buffalo 14201 Cruciano Monteleone, 3619 Moyer Road, Buffalo 14120 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO 10 APPT HEAVY EQUIP OPERATOR (PROV)(INTER)(MAZUR) Certificate of Appointment Appointment Effective November 13, 2008 in the Department of Public Works Division of Streets to the Position of Heavy Equipment Operator Provisional Promotion Intermediate Starting Salary of $32,374 Joseph M. Mazur, 61 Miami St, Buffalo 14204 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT & INSPECTION SERVICES NO 11 FOOD STORE LICENSE 2483 BAILEY (LOVEJOY) Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 2483 Bailey (NYC 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. Mr. Fontana moved: That the above communication from the Department of Economic Development, Permit and Inspections Services dated March 19, 2008, be received and filed; and That pursuant to Chapter 194 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services be, and he hereby is authorized to grant a Food Store License to Nayeff Mokbil d/b/a NYC Market located at 2483 Bailey. PASSED AYES - 8 NOES – 0 NO 12 AM&A'S WAREHOUSE ECIDA PILOT AGREEMENT AUTHORIZATION Your Honorable Body is hereby requested to approve a PILOT Agreement between the City of Buffalo and the Erie County Industrial Development Agency (ECIDA) in substantial form to the attached sample agreement. The proposed $10 million project at 361 Washington Street involves the conversion and renovation of the former AM&A's warehouse into mixed use development with 15,000 square feet of first floor office space and up to 48 new housing units. To fund the project, a PILOT agreement is needed, which will be similar in content and form to others authorized by Council. The level of the PILOT is proposed to cover a large gap, in part, fueled by the anticipated state historic tax credit that was proposed at the State level at the conception of this project. It did not become law. While the rate of the PILOT is higher than standard ECIDA pilots, the term is shorter, only 6 years. This enables the project to match the term of tax credits and seek anticipated bank refinancing after the PILOT repays project loans. This mixed use project enables the office tenant to stay in downtown buffalo and contributes to the 50 new job count anticipated. The additional tax revenue generated as a result of the resulting project's new assessed value (estimated by the City Assessor to be approximately $6.1-6.7 million) will be used for the period of the pilot to offset project costs. Because this project is in a New York State Empire Zone, the State will contribute its own rebate of taxes (called a QEZE Real Property Tax Credit) above and beyond the ECIDA PILOT. The challenge with the adaptive reuse of a large number of underutilized buildings, particularly in downtown, is the gap between the rehabilitation costs and the revenue generated from rents or sales. The cost to "cure" a building (asbestos remediation, code compliance, remodeling for new uses, fixtures, furniture equipment, etc.) is similar to New York City, but the rents able to be charged are far less, creating a large ~'Buffalo gap." 48 units of downtown mid-income housing downtown adds to the residential density downtown at a different price point than typically offered by higher end rental projects seen to date. Its creative use of historic tax credits to bring approximately $1.9 million and $ 5.3 million in out of state New Market Tax Credits would be joined by the ECIDA pilot and other sources, including approximately $959,907 of owner equity to make the project work. Empire State Development Corporation has yet to make its loan approval. This file is being introduced to the Buffalo Common Council before the ECIDA Board of Directors considers this PILOT agreement, because of timing--the project needs all approvals in 2008. To wait for EC1DA's approval to introduce this PILOT to the Common Council would not meet the timelines for the eligible New Market Tax Credit, the commitments for which expire this calendar year. The draft agreement submitted with this Council file is included and will be largely consistent in form and content to that the ECIDA will approve. The specific terms of that agreement will be determined by the ECIDA, but this Council action is seeking authorization of a PILOT amount up to and to not exceed $225,000, the amount cumulative City taxes contemplated under the PILOT schedule. COPY AVAILABLE IN THE CITY CLERKS OFFICE FOR REVIEW REFERRED TO THE COMMITTEE ON FINANCE. FROM THE CITY CLERK NO 13 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 416 Pearl St 416 Pearl St. Dwain Laws 1104 Elmwood Ave Coles David J. Shatzel 3051 Main St Parker Robbins LLC Parker Robbins RECEIVED AND FILED NO 14 LEAVES OF ABSENCE WITHOUT PAY I transmit herewith notifications received by me, reporting the granting of the leaves of absence without pay, in the various departments as listed: Police- Patricia A. Gentzler RECEIVED AND FILED. NO 15 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 16 APPOINTMENTS-MAYOR'S YOUTH OPPORTUNITY & EMPLOYMENT I transmit herewith appointments made in the Mayor's Youth Opportunities and Employments Programs. RECEIVED AND FILED. Certificate of Appointment Appointment Effective November 10, 2008 in the Department of Executive Division of Mayor to the Position of Intern VI Unclassified Non- Competitive Hourly Starting Salary of $10.00 Tayrin Torres, 80 Putnam Street, Buffalo 14213 NO. 17 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 November 13, 2008 in the Department of Assessment and Taxation to the Position Clerk, Seasonal appointment at the flat Starting Salary of $11.11/hr Tonya Stewart, 69 Rother Avenue, Buffalo NY 14212 RECEIVED AND FILED NO. 18 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: November 7, 2008 in the Department of Public Works, Division of Streets to the Position of Truck Driver Division of Streets to the Position of Truck Driver, Provisional Appointment at the Minimum Starting Salary of $27,646 Michael P. Tedesco, 131 Fordham Drive, Buffalo, NY 14216 CERTIFICATE OF APPOINTMENT Appointment Effective: November 17, 2008 in the Department of Public Works, Division of Streets to the Position of Senior First Class Stationary Engineer, Temporary Appointment at the Flat Starting Salary of $11.11/hr Andrew Krawchuk, 427 Forest Avenue, Buffalo, NY 14213 John P. Scanlon, 201 Cumberland Avenue, Buffalo, NY 14220 NON-OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON-OFFICIAL COMMUNICATIONS NO. 19 MEMORANDUM LP CIMINELLI BOARD PACKET DOCUMENTS Attached are the following documents from the Joint Schools Construction Board meeting scheduled on November 3, 2008: 1. Draft Agenda 2. Meeting Minutes from JSCB Meeting dated October 6, 2008 3. Fully Executed Phase HI Application and Certificate for Payment No. 18 -September 2008 4. Fully Executed Phase II Application and Certificate for Payment No. 43 -September 2008 5. Phase Ill Application and Certificate for Payment No. 19 - October 2008 6. Phase IV Application and Certificate for Payment No. 4 - October 2008 7. Program Packaging and Development Services (PPDS) Provider Update 8. Bevlar & Associates Inc. Construction Contract Monitoring and Compliance Services Monthly Report for Addendum 1 Phase III Project - September 2008 9. Inclusion Development Associates, Inc. Construction Contract Compliance Monitoring Monthly Report for Phase HI - September 2008 RECEIVED AND FILED NO 20 REVIEW OF DRAFT GENERIC ENVIRONMENTAL IMPACT STATEMENT BUFFALO NIAGARA MEDICAL CAMPUS NORTH END PROJECTS CITY OF BUFFALO, ERIE COUNTY This Department has completed a review of the Draft Generic Environmental Impact Statement (DGEIS) for the proposed project of the Buffalo Niagara Medical Campus, which is located between North Street and Goodell Street and between Main Street and Maple Street in the City of Buffalo. We have prepared the following comments: The DGEIS was done well and seemed to cover almost any issue or impact that would occur. We do, however, have a couple of suggestions, minor in nature, that could clarify the Final Environmental Impact Statement. It was stated on page 2-3 that an abandoned gas station will be removed as a result of the Skilled Nursing Facility construction. A sentence should be added that this is further explained on page 2-44. Page 2-41 states "...best practicable heating and insulation technology thus conserving energy usage." Will Green Building principles be considered for construction of the facilities? The rest of the DGEIS seemed complete in covering the details of the proposed project and its impacts. Please remember that all aspects of the proposed project that were covered in our SEQR Lead Agency letter of September 4, 2008 still apply and must be addressed satisfactorily. All construction and demolition activities should be done in accordance with NYS Department of Health and NYS Department of Environmental Conservation regulations. Whenever necessary, we look forward to continue working with the City of Buffalo on the review of this project. If you have any questions, please contact me or Ms. Lynne Judd of my staff at (716) 851-7165. REFERRED TO THE COMMITTEE ON LEGISLATION NO 21 T. HERRERA-MISHLER-OLMSTEAD PARKS RESPONSE-PEACE BRIDGE EXP PROJECT Item available for review in the City Clerk’s Office REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 22 J. HORNUNG SR.-INVENTORY LIST EQUIPMENT & EMPLOYEES Dear Ms. Rushton, Enclosed please find the information that you requested from the Erie County Parks Department in a letter dated October 29, 2008. We have included an inventory list of all Erie County Parks Department City Division Equipment, along with a list of all Parks Department City Division employees. If you have any further questions, please do not hesitate to contact me. REFERRED TO THE COMMITTEE ON FINANCE NO. 23 BUFFALO WATER BOARD MONTHLY OPERATIONS REPORT OCTOBER 2008\ Available for Review in the City Clerk’s Office REFERRED TO THE COMMITTEE ON FINANCE NO. 24 HARTER SECREST & EMERY LLP ABANDONMENT OF GOODRICH STREET BETWEEN ELLICOTT ST. AND MICHIGAN AVE. Dear Ladies and Gentlemen: On behalf of Kaleida Health ("Kaleida"), we are submitting this Letter of Intent in furtherance of Kaleida's request for the abandonment of City-owed Right-of-Ways originally submitted to the City of Buffalo Common Council ("Common Council") on August i8, 2008. At this time, Kaleida is requesting the abandonment of Goodrich Street (between Ellicott Street and Michigan Avenue) to help facilitate the construction of Kaleida's proposed Global Vascular Institute ("GVI"). The proposed GVI will be located at the comer of Ellicott and Goodrich Streets and be directly connected to Buffalo General Hospital ("BGH"). This connection will permit enhanced patient services by connecting facilities within the proposed GVI to a reorganized BGH. This will facilitate a dynamic unity between BGH and GVI. By abandoning this portion of Goodrich Street, the City will also help facilitate a more unified development of the North End of the Buffalo Niagara Medical Campus. A unified site paves the way for a world-class medical campus in the City of Buffalo. The following exhibits are also attached hereto and made part of this Letter of Intent in furtherance of Kaleida's request for the abandonment: Exhibit "A" -- ALTA Survey of the Goodrich Right-of-Way Exhibit "B" - State Environmental Quality Review Act Full Environmental Assessment Form for the abandonment of Goodrich Street REFERRED TO THE COMMITTEE ON LEGISLATION, OFFICE OF STRATEGIC PLANNING, PUBLIC WORKS AND CITY PLANNING BOARD NO. 25 A. THOMPSON-REQUEST FOR TRAFFIC CAMERA AT INTERSECTION OF FILLMORE & SYCAMORE Dear Commissioner Gipson: Over the course of this past weekend, it was brought to my attention by a number of residents, patrons, and business owners that a traffic camera is needed at the intersection of Fillmore Avenue & Sycamore Street. Residents have complained about suspicious vehicles, individuals loitering, late night activity and more. I would like to respectfully request your assistance with reviewing the necessary criteria required to install a camera at this location. If my office can be of any further assistance, please feel flee to contact my office at (716) 854-8705. REFERRED TO THE SPECIAL COMMITTEE ON POLICE OVERSIGHT REGULAR COMMITTEES CIVIL SERVICE (BONNIE E. RUSSELL, CHAIRPERSON) NO. 26 ADDENDUM TO AGREEMENT WITH UO SOLUTIONS - POLICE PROMOTIONAL ITEM NO. 35, C.C.P., NOV. 12, 2008) That the Commissioner of the Department of Human Resources be, and she hereby is authorized to enter into the Second Addendum with I/O Solutions to implement lawful Police promotional selection procedures in accordance with New York State Military Law §243-b, in an amount not to exceed $60,000. PASSED AYES - 8 NOES - 0 NO. 27 NOTICES OF APPOINTMENTS-TEMP/PROV/PERM (CCP# 40, 11/I2) That the above item be the same and hereby is Received and Filed ADOPTED FINANCE (MICHAEL P. KEARNS, CHAIRMAN) NO. 28 M KEARNS-ARTICLE REGARDING CITY LEAF REMOVAL (2007) (CCP# 42, 11/12) That the above item be the same and hereby is Received and Filed ADOPTED NO. 29 UPDATED TRAVEL EXPENSE GUIDELINES(COMPT) (CCP# 14, 11/12) That the above item be the same and hereby is Received and Filed ADOPTED NO. 30 BUDGET AND PERSONNEL AMENDMENT 30-PUBLIC WORKS, PARKS & STREETS 1090-GENERAI OFFICE (ITEM NO. 80, C.C.P., NOV. 12, 2008) That the Budget and Personnel Amendment as contained in Item No. 80, C.C.P., November 12, 2008 be and the same hereby is approved. PASSED AYES - 8 NOES - 0 NO. 31 REQUEST FOR AUDIT OF THE RECAPTURE OF CITY ASSETS ON THE TERMINATION OF THE BROADWAY MARKET MNGT AGREEMENT (EXCEPT IST RES) (CCP# 71, 10/28) That the above item be the same and hereby is Received and Filed ADOPTED COMMUNITY DEVELOPMENT (MICHAEL J. LOCURTO, CHAIRMAN) NO. 32 REQ TO AMEND LDA-50 COURT ST (HRG 11/25) # 73, 11/12 Mr. LoCurto moved: That the above item be returned to the Common Council without recommendation. Michael LoCurto, Chairperson, Community Development A public hearing has been set, before the Common Council, at this regularly scheduled meeting, on the above item, and a Notice of Same has been published in the Buffalo News, a copy of which is attached Hereto On a motion by Mr. Fontana, seconded by Mr. Golombek, the item is properly before the Common Council, and the hearing is opened. CARRIED Appearances Andrew Eszak Paul Gregory CM Kearns Scott Billman Mr. Fontana now moved that the hearing be closed. Seconded by Mr. Fontana Mr. Fontana now moved approval of said item. Seconded by Mr. Fontana Request to Amend Land Disposition Agreement - 50 Court Street (9 (Item No. 73, C.C.P., Nov. 12, 2008) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. LoCurto moved: That after a public hearing on November 25, 2008, the Common Council does hereby designate 1097 Group, LLC as the qualified and eligible Redeveloper of 50 Court Street. That the Mayor, the Chairman or Vice-Chairman of the Buffalo Urban Renewal Agency is authorized to execute any and all documents necessary to effectuate the proposed "Amendment to the Land Disposition Agreement" between the Buffalo Urban Renewal Agency, and 1097 Group, in accordance with the terms of said Agreement and for the consideration therein. PASSED AYES - 8 NOES - 0 NO. 33 REQUEST TO AMEND LAND DISPOSITION AGREEMENT - 50 COURT STREET 1097 GROUP, LLC, REDEVELOPER (ITEM NO. 4, C.C.P., NOV. 12, 2008) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. LoCurto moved: That after a public hearing on November 25, 2008, the Common Council does hereby designate 1097 Group, LLC as the qualified and eligible Redeveloper of 50 Court Street. That the Mayor, the Chairman or Vice-Chairman of the Buffalo Urban Renewal Agency is authorized to execute any and all documents necessary to effectuate the proposed "Amendment to the Land Disposition Agreement" between the Buffalo Urban Renewal Agency, and 1097 Group, in accordance with the terms of said Agreement and for the consideration therein. RECEIVED AND FILED NO. 34 RESULTS OF NEGOTIATIONS - 105 LOEPERE (ITEM NO. 7, C.C.P., NOV. 12, 2008) That the offer from Mr. Ghazanfar Iqbal, residing at 110 Lathrop, in the sum of four thousand and five hundred dollars ($4,500.00) for the purchase of 105 Loepere, 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. 35 B. CAMPBELL-PEACE BRIDGE EXP PROJ-DRAFT ENVIR IMPACT STATEMENT (NO 35 9/18) That the above item be the same and hereby is Received and Filed. ADOPTED LEGISLATION (JOSEPH GOLOMBEK JR,, CHAIRMAN) NO 36 JENNIFER C. PERSICO, PETITION TO REZONE 11 WEST NORTHRUP FROM A (CM) COMMERCIAL TO A (R2) DWELLING DISTRICT (ITEM NO. 42, C.C.P., OCT. 28, 2008)(ITEM NO. 66, C.C.P., NOV. 12, 2008) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Golombek moved: That the Common Council of the City of Buffalo does hereby ordain as follows: That that part of the Zoning Ordinances of the City of Buffalo, Section 511-126 of Article XXV of Chapter 511 as it relates to the use map thereof be amended to show a "R2" Dwelling District rather than a "CM" Commercial District for the premises known as 11 West Northrup, and more particularly described as follows: ALL THAT TRACT OR PARCEL OF LAND, situate in the City of Buffalo, County of Erie and State of New York, being part of Lot 71, Township 11, Range 8, being more particularly described as follows: BEGINNING at a point in the northerly line of West Northrup Place (as a 50 foot wide road), distant 109.30 feet westerly from the northwesterly line of Main Street (as a 99 foot wide road); Thence westerly continuing along the northerly line of said West Northrup Place, a distance of 31.70 feet to a point; Thence northerly at right angles, a distance of 84.68 feet to a point; Thence easterly and parallel with the northerly line of said West Northrup Place a distance of 31.70 feet to a point; Thence southerly at right angles with the northerly line of said West Northrup Place, a distance of 84.68 feet to the point and place of beginning. This parcel containing 2,684 Ft. more or less, and also Driveway Access Easement ALL THAT TRACT OR PARCEL OF LAND, situate in the City of Buffalo, County of Erie and State of New York, being part of Lot 71, Township 11, Range 8, being more particularly described as follows: BEGINNING at a point in the northerly line of West Northrup Place (as a 50 foot wide road), distant 109.30 feet westerly from the northwesterly line of Main Street (as a 99 foot wide road); Thence northerly at right angles, a distance of 84.68 feet to a point; Thence easterly and parallel with the northerly line of said West Northrup Place, a distance of 14.0 feet to a point; Thence southerly at right angles with the northerly line of said West Northrup Place, a distance of 84.68 feet to a point in the northerly line of said West Northrup Place; Thence westerly along the northerly line of said West Northrup Place, a distance of 14.0 feet to the point and place of beginning. This rezoning shall be effective providing the following conditions are met: That this rezoning shall not be effective unless and until a certified copy thereof has been filed by the petitioner in the offices of the Erie County Clerk's Office and proof of such filing is submitted to the City Clerk's Office. That this rezoning will not be effective until such conditions as set by the City Planning Board are met. That this Common Council finds this action to be an Unlisted Action under the S.E.Q.R. Act and adopts petitioner's findings such that no further environmental review is required under said Act. It is hereby certified, pursuant to Section 3-19 of the Charter that the immediate passage of the foregoing ordinance is necessary. PASSED AYES - 8 NOES - 0 NO 37 SECONDHAND DEALER- 1049 BROADWAY (ITEM NO. 28, C.C.P., NOV. 12, 2008) That pursuant to Chapter 254 of the City Code, the Commissioner of Economic Development Permit and Inspections Services be, and he hereby is authorized to grant a Second Hand Dealer license to Mark Speese d/b/a Rent A Center located at t 049 Broadway. PASSED AYES - 8 NOES - 0 NO 38 SECONDHAND DEALER - 2400 SENECA STREET (ITEM NO. 30, C.C.P., NOV. 12, 2008) That pursuant to Chapter 254 of the City Code, the Commissioner of Economic Development Permit and Inspections Services be, and he hereby is authorized to grant a Second Hand Dealer License to Mark Speese d/b/a Rent A Center located at 2400 Seneca Street. PASSED AYES - 8 NOES - 0 NO 39 ORDINANCE AMENDMENT - CHAPTER 270 - EVICTION FOR ILLEGAL DRUG USE AND POSSESSION (ITEM NO. 81, C.C.P., NOV. 12, 2008) That the Ordinance Amendment as contained in Item No. 8 l, C.C.P., November 12, 2008, be and the same hereby is approved. PASSED AYES - 8 NOES - 0 NO 40 ORDINANCE AMENDMENT - CHAPTER 150 - DANCE AND DANCE HALLS (ITEM NO. 82, C.C.P., NOV. 12, 2008) That the Ordinance Amendment as contained in Item No. 82, C.C.P., November 12, 2008, be and the same hereby is approved. PASSED AYES - 8 NOES - 0 NO 41 RECOMMENDATIONS-FOUR APPLICATIONS FOR LANDMARK SITES (PRES BD) (EXCEPT HEATH HOUSE & ELMWOOD PARK-FORMER SCHOOL 46 AT 389 VIRGINIA) (PUBL HRG 9/23)(#3, 9/2)(#80,9/30) That the above item be the same and hereby is Received and Filed. ADOPTED NO 42 PARKING REG-LAFAYETTE PRES CHURCH-592 LAFAYETTE AVE (# 131, 3/4) That the above item be the same and hereby is Received and Filed. ADOPTED SPECIAL COMMITTEES BUDGET COMMITTEE (RICHARD A. FONTANA, CHAIRMAN) NO 43 THIRD QUARTER GAP SHEETS (CCP# 14, 7/8) That the above item be the same and hereby is Received and Filed ADOPTED NO 44 SCHEDULE OF COMMON COUNCIL BUDGET MEETINGS AND BUDGET HEARINGS (CP) (CCP# 23,4/29) That the above item be the same and hereby is Received and Filed ADOPTED NO 45 STND REQUEST CITY DEPTS & BURA TO SUBMIT TRAVEL EXPENSES FROM 7/2006 (EXEC 1 & 2 RESOLVE) (CCP# 127, 4/I6) That the above item be the same and hereby is Referred to the Committee on Finance ADOPTED NO 46 SECOND QUARTER GAP SHEET FY ENDING JUNE 30, 2008(COMPT) (CCP# 35, 3/4) That the above item be the same and hereby is Received and Filed ADOPTED NO 47 COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR THE FISCAL YEAR ENDED JUNE 30, 2007 (COMPT) (CCP# 15, 1/22) That the above item be the same and hereby is Received and Filed ADOPTED NO 48 "D 2QUARTER GAP 2007-2008 (CCP#27, 2/19) That the above item be the same and hereby is Received and Filed ADOPTED NO 49 COB FOUR YEAR FINANCIAL PLAN-5/1/07 (MAYOR) (CCP#3, 5/15) That the above item be the same and hereby is Received and Filed ADOPTED NO 50 P. WOLF RESPONSES-SUPPORT OF CREATING QUALITY OF LIFE CTRS (CCP#67, 5/15) That the above item be the same and hereby is Received and Filed ADOPTED NO 51 D. BONIFACIO-CAPITAI IMPROVEMENT PROGRAM MEMO AUG 1, 2007 (CCP#79, 9/4) That the above item be the same and hereby is Received and Filed ADOPTED NO 52 BRINGING CITY GOV'T CLOSER TO OUR NEIGHBORHOODS BY EST NEIGHBORHOOD QUALITY OF LIFE CENTERS (# 130,4/17) (CCP# 114, 10/30) That the above item be the same and hereby is Received and Filed ADOPTED NO 53 B. DAVIS-H. NOWAK-FUNDING FOR RECEIVERSHIP REVOLVING LOAN FUND (CCP# 65, 4/4) That the above item be the same and here by is Received and Filed ADOPTED NO54 FUNDING FOR RECEIVERSHIP DEV LOAN FUND (STRAT PLAN) (CCP#2, 5/2) That the above item be the same and here by is Received and Filed ADOPTED WATERFRONT DEVELOPMENT MICHAEL P. KEARNS CHAIRMAN NO 55 ST C. AVINO-CONCERNS SAFETY AT BUFFALO NAVAL PARK(SPEEDING VEHICLES)AGREEMENT (EXCEPT 1RES) (CCP# 71, 7/22) That the above item be the same and hereby is Received and Filed ADOPTED RESOLUTIONS NO 56 BY: MR. DAVIS APPOINTMENTS TO SHARED ASSET FORFEITURE FUND ADVISORY COMMITTEE (SAFFAC) Whereas: The Shared Asset Forfeiture Fund (SAFF) was added to the City Charter in 2006, Section 16-24, in the Department of Police to provide funding to private, not-for-profit and community-based organizations classified as and meeting the requirements of 26 U.S.C. 501C (3) or (4), for conducting programs associated with law enforcement, crime, drug and alcohol abuse prevention, that contribute to the safety, betterment, and physical well-being of youth within the City of Buffalo; and Whereas: Section 16-25 of the City Charter states the Shared Asset Forfeiture Fund Advisory Committee (SAFFAC) shall consist of five members, each having voting power. The Commissioner of Police shall be a member, along with the Mayor and Common Council each appointing two members; and Whereas: In compliance with Section 16-25 of the City Charter, the Common Council advances the following undersigned for appointment to the SAFFAC with voting power: - Danielle N. Judge-Johnson, 34 Montana Avenue, Buffalo, 14211, is the Director of Resource Development for the Boys and Girls Clubs of Buffalo. She has over 10 years experience dealing with youth in the not for profit sector; and Montique Williams, 6 Freeman Street, Buffalo, 14215, is a Vice President at Key Bank and has over 9 years experience in the finance - community; and Now, Therefore, Be It Resolved: That this Common Council hereby appoints Danielle N. Judge-Johnson and Montique Williams as members of the Shared Asset Forfeiture Fund Advisory Committee with voting powers for a two-year term expiring on December 31, 2010. ADOPTED NO. 57 BY: MR. DAVIS SHORELINE APARTMENTS RENOVATION PROPOSAL WHEREAS, On October 14, t 969, the Buffalo Urban Renewal Agency (hereinafter "BURA") granted, conveyed and released its interest in a piece of property commonly known as 99 Carolina Street, Buffalo, N.Y., 14201 and more specifically described in a Deed on File under Liber 7637, Page 630 at the Erie County Clerk's Office to the New York State Urban Development Corporation as part of the Waterfront Redevelopment Project N.Y. R-35; WHEREAS, Said Deed contained a restriction that provided that from the time of the Indenture through October 29, 2013, no change shall be made in the improvements constructed thereon without the consent and approval of the Common Council at Liber 7637, Page 565; WHEREAS, Norstar Development USA, L.P. acquired the general partner interest in the Shoreline Limited Partnership, which owns the Shoreline Apartments located at 99 Carolina Street, has come forward with a proposal to demolish and renovate 142 apartment units in 11 two- and three-story buildings located on the site; WHEREAS, Norstar Development's proposal contemplates the conversion of said buildings from 28 one-bedroom units, 102 two-bedroom units and 12 three-bedroom units into 87 units, including 11 one-bedroom units, 37 two-bedroom units, 8 three-bedroom units with one bath, 29 three-bedroom units with two baths and two five-bedroom units with two baths, with all units to be outfitted with new kitchens and baths; WHEREAS, Norstar's $18.2 million proposal also calls for the re-pointing, painting/covering of the ribbed concrete block fagadethe , replacement of the block walls on the patios with ornamental railings and the addition of new windows with louvers and paneling and the conversion of the exiting electrical heating system to a gas-fired system; WHEREAS, the Common Council supports the modernization and reconstruction of the property as above-described; NOW, THEREFORE, BE IT RESOLVED, that the Common Council hereby approves and consents to the changes in the improvements constructed at 99 Carolina Street in the City of Buffalo, as they are enumerated and described above and in so doing consents and approves any demolition, reconstruction and rehabilitation work incidental thereto and; BE IT FURTHER RESOLVED, that the Common Council authorizes the Corporation to Counsel to draft, finalize, execute and file any legal instruments necessary to evidence its approval and consent to the changes enumerated herein. Brian C. Davis ADOPTED NO. 58 BY: MR. FONTANA EXCUSE COUNCILMEMBER RIVERA FROM COUNCIL MEETING ON NOVEMBER 25, 2008 Whereas David A. Rivera, Niagara District Councilmember, requests permission to be excused from the November 25, 2008, meeting of the Common Council. Now, Therefore, Be It Resolved: That the Common Council of the City of Buffalo excuses David A. Rivera, Niagara District Councilmember, from the November 25, 2008, meeting of the Buffalo ADOPTED NO. 59 BY: MR. FRANCZYK ADDITIONAL APPOINTMENTSTO BROADWAY MARKET TASK FORCE WHEREAS: The Broadway Market Task Force has been created to assist in the improving and strengthening of the Broadway Market, ensuring its viability as a unique neighborhood, city and regional asset for many years to come; NOW THEREFORE BE IT RESOLVED: That the following individuals be added to the Broadway Market Task Force: Martin Biniasz, 244 Potters Road, Buffalo, N.Y 14220 and Darryl MePherson, 600 Main Street, Suite 901, Buffalo, N.Y. 14202. Mr. Biniasz is employed by New York State OTB and is co-organizer of the Annual Dyngus Day Parade and Mr. McPherson is City of Buffalo Auditor. ADOPTED NO. 60 BY: MR. GOLOMBEK AND MR. LOCURTO PERMISSION TO HANG BANNER ACROSS DELAWARE AVENUE Whereas The Delaware Family Branch of YMCA Buffalo Niagara will kick off its annual Strong Kids Campaign on December 1, 2008; and Whereas Serving the local community since 1927, the Delaware Family Branch provides essential programs to individuals and families as well as providing scholarship assistance to many more children and families who otherwise would be unable to participate in YMCA programs; and Whereas The YMCA Buffalo Niagara is requesting permission to hang one (1) banner at the comer of Delaware and Avery in front of their building to promote this event; and Whereas The banner will hang across 2564 and 2579 Delaware Avenue from December 1, 2008 to March 1, 2009; Now, Therefore, Be It Resolved: That the City of Buffalo hereby permits the Delaware Family Branch of the YMCA Buffalo Niagara to hang a banner across 2564 and 2579 Delaware Avenue to promote their Strong Kids Campaign. The banner will be installed on December 1, 2008 and stay up until March 1, 2009; and Now, Therefore, Be It Further Resolved: That the banner be hung in accordance with all conditions, restrictions, and requirements as set forth by the City of Buffalo and the Department of Public Works, Parks and Streets. ADOPTED NO. 61 SPONSOR: MICHAEL J. LOCURTO SCAJAQUADA CREEKSIDE RECREATION TRAIL Whereas the Buffalo Olmsted Parks Conservancy is applying to the New York State Office of Parks, Recreation and Historic Preservations for a $200,000 grant under the Recreational Trails Program for a trail project to be located in the City of Buffalo from Delaware Park to the Niagara Riverwalk Greenway Trail, a site located within the territorial jurisdiction of this Council; and Whereas as a requirement under the rules of these programs, said not-for-profit corporation must obtain the "approval/endorsement of the governing body of the municipality in which the project will be located"; NOW THEREFORE, be it resolved that the Common Council of Buffalo hereby does approve and endorse the application of the Buffalo Olmsted Parks Conservancy for a grant under the Recreational Trails Program for a trail project known as the Scajaquada Creekside Recreation Trail and located within this community. And further, it is resolved that, should Buffalo Olmsted Parks Conservancy be unable to do so, said property shall be maintained by the City of Buffalo consistent with the rules promulgated by OPRHP. PASSED AYES - 8 NOES – 0 NO. 62 BY: MS. RUSSELL SALARY ORDINANCE AMENDMENT VARIOUS DEPARTMENTS The Common Council of the City of Buffalo does ordain as follows: That Section I of Chapter 35 of the Ordinances of the City of Buffalo, relating to Various Departments under the various subheadings relating to positions listed below is hereby as follows: Note: Old Salaries are in brackets This ordinance shall take effect as per the respective dates on the attached schedules. This ordinance shall be effective July 1, 2008. It is hereby certified, pursuant to Section 3-19 of the Charter, that the immediate passage of the )) foregoing ordinance is necessary. We, Byron W. Brown, Mayor, Janet Penksa, Commissioner of Administration, Finance, Policy & Urban Affairs, H. McCarthy Gipson, Commissioner of Police, Michael Lombardo, Commissioner of Fire, Karla L. Thomas, Commissioner of Human Resources, Steven Stepniak, Commissioner of Public Works, Parks & Streets, Tanya Perrin -Johnson, Commissioner of Community Services, Gerald Chwalinski, City Clerk, Andrew A. SanFilippo, Comptroller and Donna J. Estrich, Director of Budget, Administration and Finance, recommend that the compensation for said positions be fixed at the respective amounts set forth in the foregoing ordinance. Furthermore, we, Byron W. Brown, Mayor and Andrew A. SanFilippo, Comptroller, pursuant of Section 24-15 of the Charter of the City of Buffalo, hereby certify that contingent upon prior or concurrent action to provide and authorize funding thereof, the interests of the City will be subserved by the increase in compensation provided for the positions set forth in the foregoing ordinance. APPROVED AS TO FORM Corporation Counsel 11/19/2008 Attachment PASSED AYES - 8 NOES - 0 NO. 63 BY MRS RUSSELL SALARY AND WAGE SCHEDULE "B" JULY 1, 2007 - JUNE 30, 2011 The Common Council of the City of Buffalo does ordain as follows: That part of Subdivision (A) of § 35-9 of Chapter 35 of the Code of the City of Buffalo, relating to Salary and Wage Schedule "B", Local 264, is hereby amended to read as follows: This ordinance shall take effect as per the respective date on the attached schedule. See attached Schedule "B" We, Byron W. Brown, Mayor and Andrew A. SanFilippo, Comptroller, pursuant of Section 24-15 of the Charter of the City of Buffalo, hereby certify that contingent upon prior or concurrent action to provide and authorize funding thereof, the interests of the City will be subserved by the increase in compensation provided for the positions set forth in the foregoing ordinance. Approved as to Form PASSED AYES - 8 NOES – 0 NO. 64 BY. MESSRS: SMITH AND DAVIS OPPOSITION TO RATE INCREASES'BY NIAGARA FRONTIER TRANSIT AUTHORITY Whereas The Niagara Frontier Transit Authority.(NFTA) has proposed a 17% fare increase from $1.50 to $1.75 on January 1, 2009 followed by an additional 17% rate increase of another 17% rate increase from $1.75 to $2.00 in July; and Whereas 78% of funding for the NFTA is subsidized from allocations from Federal, State and County funding sources. The NFTA receives over 20 million dollars from sales tax allocations and County funding and is expected to receive almost an increase of almost a half a million dollars in 2009 County Budget; and Whereas The Proposed increase will cause an $2,100,000 cost in 09/10 budget to the largest client of the NFTA, the Buffalo School District, and cause a unexpected $600,000 gap in the current budget; and Whereas Due to increased gas prices, the NFTA has and will continue to see an increase in users especially citizens who participate in the Park and Ride initiative. A 33% fare increase does not coincide with an estimated 20% rise in gas prices; and Whereas The majority of users of the NFTA are low to moderate income. The current fiscal condition of our area continues to provide a burden on area citizens, a rate increase of 33% on citizens who can least afford it should not be considered at this time. Now Therefore Be It Resolved: That this Common Council of the City of Buffalo rejects and opposes the requested 33% fare increase proposed by the Niagara Frontier Transit Authority. And Be It Further Resolved That: City residents are encouraged to attend the public hearing regarding rate increases on Wednesday, December 3, 2008, 7:00 -9:00 p.m., Erie Community College City Campus, 121 Ellicott Street, 14203 Be It Finally Resolved that Certified Copies be sent to the NFTA Board of Commissioners, Governor's Office, NYS Delegation, WNY Delegation, Erie County Legislators, Board of Education. ADOPT AS AMENDED NO. 65 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 ADAMCHICK, MARK J. ADAMS, CHRISTIAN J. AHMED, RITA ALABISI, KRISTIN L. ALAGNA, PAUL ANDERSEN, LINDA L. ARMBRUSTER, LAVERNA S. BAGAROZZO, DEBRA A. BAGDASARIAN, ARMEN BAINES, ANGEL BAJ, ANIELA BALDUCCI, JASON A. BALLARD, MATTHEW J. BANKS, JUDY S BARKER, OTIS L. SR. BARTLETT, JUDITH A. BATTEL, SANDRA S. BAUDO, MATTHEW S. BELLFIELD, MARITE BEVILACQUA, M. ALICIA BEYER, VIRGINIA A. BLACHOWSKI, JACQUELINE A. BOHEN, COLLEEN BOLES, FRANCES V. BOLLMAN, BRYAN J. BOLOGNA, ROSE BONADUCCI, SHIRLEY BREM, JAMES BREMER, CANDICE L. BRILL, ROBERT BROWN, ALAN D. BROWNE, M. CAITLIN BURKE, KEVIN CAMPBELL, CHERYL CARABALLO, LYDIA CARY, EILEEN M. CASTRO, MILDRED CHAPMAN, APRIL D. CHWALINSKI, GERALD CHWALINSKI, LINDA M. COCHRANE, JANET T. COLLINS, MELINDA COLLINS, SUSAN D. COLPOYS, PATRICE CONROY, LORI-ANNE M. CORCORAN, LORRAINE CORP, ROBERT R. COSTANTINO, JACQUELINE K. CRANGLE, JOHN J. JR CRISPELL, WHITNEY A. CURRY, MICHAEL DANOWSKI, ANN M. DAVIS, BRIAN C. DAVIDSON, JOHN E. DEMPSEY, MARIA L. DIAZ, ROBERTO DIBELLA, LORETTA DRAKE, LINDA L. EHRMANN, ROBERTA M. EVANS, GARY L. FAUCETT, NANCY M. FELL, ROBERT FELTON, FREDERICK FLANAGAN, DEBRA R. FLYNN, MARK FOLAN, JAMES R. FONTANA, RICHARD A. FOWLER, WILLMER JR. FRACOS, SHANNON FRANCZYK, DAVID A. FRANCZYK, MICHELLE FRITSCH, KAREN L. FROST, LISA M. GARMON, LARRY T. GEER, RICHARD GERMAN, KIMBERLY R. GIGLIO, MARK A. GIUMENTO, FRANCINE GOLDBERG, AIMEE F. GOLOMBEK, JOSEPH JR. GONZALEZ, LIZBETH GRANT, BELINDA L. GULAS-KARASZEWSKI, HEATHER L. GUNSAULEY, JAMES HADLEY, DIANE B. HALADY, WALTER J. HALL, LORNE E. HAMM, BRADLEY K. HARIG, NATALIE M. HARRINGTON KATHLEEN M. HAWES, ANN MARIE S. HAYDEN, SANDRA HIBBARD, SARA J. HLUCHYJ, THERESA HODGE, ASHLEY HOFFMAN, REBECCA HOGAN, DEBRA L. HOUSTON, CHANTEL HUNTER, DOROTHY M. IRVIN, ANGELA JANKOWSKI, JOANNE M. JASKULA, MARK J. JENKINS, LISA JOHNSTONE, DIANA KALLAY, CHRISTINA M. KALOSZA, DEBORAH A. KELLY-MORAN, ANNE M. KENNEDY, ROSETTA J. KEARNS, MICHAEL P. KERN, MARILYN KOCH, ROBERT KOPIASZ, LINDA M. KOSTEK, NANCY B. KOTLER, ADRIENNE KRANTZ, SALLY J. KRANTZ, SUSAN D. KRAWCZYK, JOYCE KRUG, KELLY M. KULIK, LYNDA A. KULP, LISA A. KURZAWA, PAULA M. KURDZIEL, THOMAS J. LAFORCE, KATHRYN LAUBACKER, SUSAN L. LAUBENSTEIN, KIRK LEE, RAMONA LEHNER, CHRISTINE A. LEWIS, TERRANCE O LICATA, WILLIAM B. LINDNER, KEVIN M. LITTLE, JENNIFER LOCKWOOD, CYNTHIA LOCKWOOD, MEGAN D. LOCURTO, MICHAEL J. LONG, LAURIE LORENZO, IRMA MAHIQUES, CAROL A. MANZUK, THERESA M. MARCHESE, ANN MARINO, ALFRED MARINO, BEVERLY A. MARTIN, KATRINA A. MASECCHIA, DANIELLE MASSEY, CRAIG E. MATOS, ZORAIDA MATTER, CHERYL MAZUR, WILLIAM J. MAZGAJEWSKI, MICHAEL P. MCALISTER, BARBARA A. MCBRIDE, BRIAN MCCULLEN, REGINA R. MCELROY, BRIAN M. MCGEE, F. MICHAEL MCKEAGUE, KAREN M MEDRO, NOEMI MERCER, DOUGLAS W. MESI, KIMBERLY M. MESSINA, JAMES J. MILEWSKI, JOSEPH I. MILKS, NEIL MISZEWSKI, DELPHINE R. MOLENDA, DONALD MOLNAR, TIMOTHY MORIARTY, SEAN A. MUNSON, SANDRA MURPHY MARTHA-ANN NOBLE, WENDY NORTON, DEBRA B. NOWAKOWSKI, MICHAEL J. NOWICKI, TRACEY L. OLIVENCIA, WILMER A. OLIVENCIA, WILMER JR O’NEIL, SYLVIA M. ORTIZ, KAREN M. OTT, SUSAN M. PALERMO, FRANK PALMA, JANET PALMARA, JOHN PARSONS, TAMMY PAUL, JULIA A. PAWLOWSKI, KORIE M. PAYNE, RUSSELL C. PEPE, CAROL, A. PERRIN-JOHNSON TANYA PIERCE, LENAY S. PINSKI, ELAINE F. PORTER, BETI PORTO, LACEY L. POTWORA, LEONARD M. PRATHER, MARLENE A. PRIM, DAYEENAH M. PRIVATEER, KAREN D. QUINN, JAMES E. RENTZ, ROBERT E. REYES, LUIS A. RICO, DIANA RIVERA, MARITZA RODRIGUEZ, CRYSTAL RODRIGUEZ, ERIKA M. RODRIGUEZ, JOHN ROGOWSKI, TARA A. ROSEN-BRAND, DAVID ROYSTER, ANGELA D. RUCINSKI, LAURA RUDD, DAVID C. RUSHTON, JACQUELINE E. RUSSELL, BONNIE RYAN, LYNETTE L. SALEH, ALI SANDERS, JOSHUA SANTOS, ROBERT SHAW, CHERYL SHAW, ROOSEVELT JR. SIMONICK, GEORGE SLOMBA, BRIAN SLOMA, BARBARA A. SLOMCZEWSKI, MARIA V. SMALLS, MARK A. SMITH, DEMONE STRAUSS, LOUIS C. STRICKLAND, DEBORAH L. SZAREK, CARL E. SZCZESNY, GARY J. SZEMATOWICZ, ELAINE M. TARAVELLA, JACQUELINE M. TAYLOR, ELAINE TERESI, ANDREA THOMAS, PATRICIA S. TILLET, AMINA J. TOBER, ALAN P. TOJEK, SHARON L. TURANO, KATHLEEN K. VERTINO, JOHN VINOVRSKI, RONALD VON DER EMPTON, TOMOTHY J. WAGSTAFF, WILFRED WALKER III, LUTHER WEAVER, RUSSELL C. WILLIAMS, DARRYL L. WILSON, ROBERT J. WOLF, JOSEPH B. WOLF, MARY A. YONKOSKY, KIM M. YOUNG, LATONYA C. YOX, DAVID ZIGROSSI, DIANE M. TOTAL 246 ADOPTED NO. 66 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 M. ANTECKI, GEORGETTE BAKER, G. THOMAS BANKS, ALEXIS C. BENZ, CAROL A. BRADY, MELISSA J. BRUCATO, LISA BUDZYNSKI, KIMBERLY S. CAREY, GINGER Y. CONRAD, MARY JO CRUMP, CAROL A. CZAMARA, CASIMIER T. D'ANGELO, JENNIE DE GEORGE, ANNE DICARLO, PHILIP L. DONOGHUE, CYNTHIA DREWERY, KRISTINA EUGENE, GRZECHOWIAK FELLOWS, ROBERT O. FLEMING, CAROLYN FLEMING, RONALD H. GIST, DOLORES GIST, LAURA GLEED, THOMAS E. GRABIEC, KATHLEEN A. HAMMOND, JOHN HOWARD, SALVATORE HUNTER, JAMES E. JACKSON, JAMES L. KIEDROWSKI, JEANETTE E. KOPACK, JOSEPH A. KOPTI, CANDICE LEWIS, MAUREEN A. MAHONEY, KELLY MALDONADO, MAGALI MARION, KATHLEEN F. MARKS SR, FRANK L. MARLETTE, GUY MILLER, DIANE PARKER, LINDA L. PERLMUTER, SANFORD R. PERSHYN, DIANNE M. PEZZIRO, TONY PYRAK, MARY ANN PETRAS, MARIA H. REID, YVONNE RICHARDSON, AFRIKA RYKOVICH, LORI A. SARDO, THERESE SCOTT, PRISCILLA G. SUNDAY, LINDA SZCZESNY, PATRICIA S. VACANTI, LOUIS VACCARO, DONNA WILLARD, CHARLENE M. Total: 55 ADOPTED NO. 67 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 2, 2008 at 9:45 o'clock A.M. Committee on Finance Tuesday, December 2, 2008 at 10:00 o'clock A.M. following Civil Service Committee on Comm. Dev. Tuesday, December 2, 2008 at 1:00 o'clock P.M. Committee on Legislation Tuesday, December 2, 2008 at 2:00 o'clock P.M. Special Committees Committee on Police Oversight Wednesday, December 3, 2008 at 11:00 o'clock AM (Public Disclaimer): All meetings are subject to change and cancellation by the respective Chairmen of Council Committees. In the event that there is sufficient time given for notification, it will be provided. In addition, there may be meetings set up whereby the City Clerk's Office is not made aware; therefore, unless we receive notice from the respective Chairmen, we can only make notification of what we are made aware. NO. 68 ADJOURNMENT On a motion by Mr. Fontana, Seconded by Mr.Golombek, the Council adjourned at 2:50 PM GERALD CHWALINSKI CITY CLERK