Loading...
HomeMy WebLinkAbout09-0217-0205ss (2) No. 4 PROCEEDINGS OF THE CITY OF BUFFALO February 17, 2009 SPECIAL SESSION FEBRUARY 5, 2009 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-UNIVERSITY 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 February 17, 2009 FINAL MAYOR 1. Appt Member of the Elevator Safety Review Bd R&F 2. Leave of Absence-Lanette Boulware-Wright R&F MAYOR – EXECUTIVE 3. Citizen Services-Submission of Monthly Report-January 2009 R&F 4- 3A Strat Plan-Abandonment-Sale of Portion of Goodrich St(Ell)(hrg 2/17) APP 5- 4. Strat Plan-App to Rec Grant Funding-Survey of Historic Res in Black Rock APP 6- 5. Strat Plan-Req for CC Auth to Apply for NYSD of State & Envir Conserv Brownfield Opportunity Areas Program CD 7- 6. Strat Plan-Results Neg 806 South Park(Fill) APP 8- 7. Strat Plan-School 36 – 40 Days Park ED COMPTROLLER 9- 8. BLS Course Sponsorship & Est New Revenue FIN 10- 9. Cert of Nec-Law Dept-Judgment & Claims-Prior Yr R&F 11- 10. Shared Asset Forfeiture Fund as of 12/31/08 POL OV MANAGEMENT INFORMATIO SYSTEM 12- 11. Appt System Analyst(Prov)(Interm)(Strainese) CS PUBLIC WORKS 13- 12. After Action Report Winter Storm 12/19 thru 12/22 LEG 14- 13. Change in Contract-Bailey Genesee Fire Station(Lov) APP 15- 14. Report of Bids-Repair of Streetlight Foundations & Knockdowns Citywide APP 16- 15. Appt Dog Control Officer(Prov)(Max)(Dyte) CS 17- 16. Appt Special Assistant(Exempt)(Nosworthy) CS PERMITS AND INSPECTIONS 18- 17. Restaurant Dance License(renewal)-2426 South Park (South) APP 19- 17A Year 34-CD Quarterly Reports 8/1/08 to 10/31/08 CD CITY CLERK 20- 18. Liquor License Applications R&F 21- 19. Leaves of Absence R&F 22- 20. Notices of Appointments-Council Interns ADOPT 23- 21. Notices of Appointment-Seasonal R&F 24- 22. Notices of Appointments- Temp/Prov/Perm CS MISCELLANEOUS 25- 23. LP Ciminelli-Board Packet Documents February 2009 R&F 26- 24. R. Graber-Corres. Updated Proposal To Est. EC Planning Bd CD, OSP 27- 25. J. Golombek-G. Harish-Tax Exemption Status for 1606 Kenmore LEG, ASSMT,BERC 28- 26. T. Herrera-Mishler-Bflo Olmsted Pks Conserv Contract Extension Position PARKS OV 29- 27. D. Hill-Johnnie B Wiley Comm Req Meeting With The Common Council PARKS OV 30- 28. L. Iglesias-Hispanics United of Bflo Support for Peace Bridge Exp Proj CD 31- 28A M. LoCurto-2009-2010 Annual Action Plan Recommendation CD 32- 29. O. McFoy-Monthly Water Board Report January 2009 FIN 33- 30. A. Thompson-Support of CCP #78, 2/3/09-Removal I90 From Waterfront WTR FRT PETITIONS 34- 31. K. Long, Owner, Use 1900 Hertel-Illuminated Sign(Univ)(No Pub Hrg) LEG,CPBD 35- 32. J. Stewart, Use 1358 Kensington for a HSF(Univ)(No Pub Hrg) LEG nd 36- 33. A. Swingler, Agent, Use 2067 Niagara St-2 Floor Apt Temp Housing for HSF (North)(No Pub Hrg) LEG 37- 34. K. Wright, Agent, Use 636 Delaware-Wall Sign & Reface Ground Sign (Ell)(No Pub Hrg) LEG,CPBD RESOLUTIONS 65- 34A Davis Permission to Hang Banners on Chippewa St (Ell) ADOPT 66- 35. Franczyk Waterfront Project Advisory Panel R&F 67- 36. Golombek HRM Req NYS Leg Approve Bills Amending V&T Laws Directing COB to Adjudicate Traffic Infractions ADOPT 68- 37. Golombek HRM Req NYS Leg to Approve Bill Amending V&T Law Regarding Civil Liability Of Vehicle Owners for Traffic Signal Violations In COB_LEG 69- 38. Kearns Increase Approp-Fund Balance Prior Year’s Claims APP 70- 39. Smith Day Care Tax Penalty LEG 71- 40. Smith Felicitations/In Memorium ADOPT 72- 41. Smith Comm of Deeds Public Duties ADOPT SUBMISSION LIST OF COMMITTEE ITEMS FOR THE COUNCIL MEETINGS CIVIL SERVICE 38- 1. Com 26 Feb 3 Leaves of Absence(Cty Clk) R&F 39- 2. Com 27 Feb 3 Notices of Appointments-Temp/Prov/Perm (Cty Clk) R&F FINANCE 40- 3. Com 15 Feb 3 Cert of Nec-State Aid Capital Outlay(Comp) R&F 41- 4. Com 17 Feb 3 Change in Contract City Hall Masonry Restoration-Phase 2(Ell)(PW) APP 42- 5. Com 23 Feb 3 Permission to Replace Vehicle(A&F) APP 43- 6. No 32 Feb 3 M. Kearns-Update Status of South Bflo Roof Replacement Program RECOMMIT 44- 7. No 36 Feb 3 M. Mortenson-Request Extension or New Lease-Tift Nature Preserve RECOMMIT 45- 8. Res 79 Feb 3 Increase Approp-State Aid Capital Outlay APP 46- 9. No 20 Jan 6 M. Kearns-Article Reg Credible Commitment & Council-Manager Gov LEG 47- 10.No 47 Nov 12 M. Kearns-Payment for South District Roof Replacement Program RECOMMIT 48- 11. Com 1 July 8 City Take Home Vehicles (Mayor) R&F 49- 12. No 85 July 8 Results Neg 1269 Genesee (Mas)(Strat Plan)(#7,10/2) RECOMMIT 50- 13. No 93 July 22 Clarification of Info BURA in Response to CC Req for Travel rd (Except 3 Res)(#124,7/8) R&F 51- 14. Com 39 July 8 Response Travel Information Requested by Council(BURA) R&F COMMUNITY DEVELOPMENT 52- 15. Com 6 Feb 3 Req for Common Council Authorization to Approve Funding Agmt Btwn COB and BURA(Strat Plan) APP 53- 16. Com 7 Feb 3 Results Neg-54 Alma (Univ)(Strat Plan) APP 54- 17. Com 9 Feb 3 Results Neg-44 Barton(Nia)(Strat Plan) APP 55- 18. No 28 Feb 3 Bflo Env Mngt Comm-Monthly Energy/Efficiency TIP SHEET R&F 56- 19. No 22 Jan 6 D. Smith-F. Lucca-Req Approval of Environmental Impact Statement RECOMMIT LEGISLATION 57- 20. Com 11 Feb 3 Results Neg-83 Sussex (Mas)(Strat Plan) RECOMMIT 58- 21. Com 21 Feb 3 Sidewalk Café License-601 Main St(Ell)(EDPI) APP 59- 22. No 30 Feb 3 R. Fontana-H. Rodenberg-Alternate Parking Change Lovering Ave (Del) R&F 60- 23. No 37 Feb 3 R. Rusch, Agent, Use 818 Elmwood aka 816 Elmwood for a Ground Sign (North)(No Pub Hrg) APP 61- 24. No 39 Feb 3 Vulcan Supportive Apartments, Use 311 Vulcan for A HSF (North)(No Pub Hrg) RECOMMIT 62- 25. No 60 Feb 3 Hope House-Notice of Appeal-Halfway House(#32, 1/20) APP W/COND 63- . 26Com 32 Sept 30 Food Store License-581 Niagara (Ell)(EDPI) APP PARKS OVERSIGHT 64- 27. No 68 Feb 3 D. Smith-Request Establishing & Chairing Parks Advisory Committee (#62, 9/30)(#64, 10/28) RECOMMIT CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO TUESDAY, FEBRUARY 17, 2009 AT 2:00 P.M. Present - David A. Franczyk, President of the Council, and Councilmembers: Davis, Fontana, Golombek, Kearns, LoCurto, Rivera, Russell, Smith - 9 Absent - 0 On a motion by Mr. Fontana, Seconded by Mr.Kearns , the minutes of the stated meeting held on February 3, 2009 were approved. FROM THE MAYOR NO 1 APPOINTMENT - MEMBER OF THE ELEVATOR SAFETY REVIEW BOARD Pursuant to the authority granted by Section 167-3 of the City of Buffalo Charter, I hereby appoint Ms. Brenda Calhoun, 361 Delaware Avenue, Buffalo, New York, 14202 to serve on the Elevator Safety Review Board for a 3-year term, commencing immediately. Ms. Calhoun is replacing Kenneth Asmuth and will serve as the Insurance Industry Representative on the board. Ms. Calhoun is President of Calhoun Insurance Agency, Inc. The agency, which was founded in 1989, represents the largest Minority-Female owned insurance agency in Western New York. In addition, Mr. Donald M. Winkle Jr., International Union of Elevator Constructors - Local #14, 3527 Harlem Road, Suite 9, Buffalo, New York, 14225 is being reappointed to a 3-year term, commencing immediately. Mr. Winkle serves as the Labor Representative on the board. I hereby certify that the above mentioned individuals are fully qualified to serve as a members of the Elevator Safety Review Board. RECEIVED AND FILED NO 2 LEAVE OF ABSENCE- LANETTE BOULWARE-WRIGHT I am requesting approval for a leave of absence for Lanette Boulware-Wright from her title as Telephone Operator (Permanent) in the Mayor/Executive Department for a one-year period from February 18, 2009 through February 18, 2010. RECEIVED AND FILED FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM CITIZEN SERVICES NO 3 SUBMISSION OF MONTHLY REPORT-JANUARY 2009 The Office of Mayor, Division of Citizen Services, hereby submits, for your Honorable Body's review and approval, the monthly reports for the Mayor's Call and Resolution Center for the month of January 2009, as mandated by Section 6-20(c) of the City of Buffalo's City Charter. This monthly statistical report details the number and nature of inquiries, requests and complaints received, classified by Councilmatic district. COPY AVAILABLE IN THE CITY CLERKS OFFICE FOR REVIEW RECEIVED AND FILED NO 4 ABANDONMENT AND SALE OF A PORTION OF GOODRICH STREET BETWEEN ELLICOTT AND MICHIGAN APPROXIMATELY 66' WIDE BY 691'(HRG 2/17) The Office of Strategic Planning, Division of Real Estate, has received a request to acquire a portion of Goodrich Street between Ellicott Street and Michigan Avenue from Harter Secrest & Emery, LLP, Marc Romanowski, Esq., of counselrepresenting Kaleida , Health. The purpose of the request is to help facilitate the construction of Kaleida's proposed Global Vascular Institute (GVl). The GVI is one aspect of Kaleida Health's Buffalo Niagara Medical Campus North End Project. The abandonment and sale of this stretch of Goodrich Avenue will allow the construction of the GVI adjacent to Buffalo General Hospital at Ellicott and High Streets. The GVI will be approximately 11-12 stories in height and total approximately 500,000 square feet of floor area. The GVI is being developed in conjunction with the impending closure of Millard Fillmore Gates Circle Hospital and will provide a state-of-the-art vascular center housing: -An Emergency Services and Chest Pain Center; -Non-invasive Diagnostics, Imaging, Patient Services and Extended Recovery Services; -Invasive Services, including Catheterization and Hybrid Labs, Critical Care Beds, Procedure Support and Physician Support Services; -The University at Buffalo will also occupy a portion of the GVI and provide Transitional Research, Educational and Incubator Facilities. Kaleida Health has already prepared and the Planning Board has approved a Findings Statement, thereby concluding the State Environmental Quality Review Act process undertaken by the Planning Board regarding the entire project, which is briefly described below. Pursuant to SEQRA, the City of Buffalo Planning Board determined that the Action was a Type I Action and sought and received concurrence from other Involved and Interested Agencies to be the Lead Agency. Then, on September 23, 2008, the Planning Board determined that cumulatively, the Projects may have a significant impact upon the environment and issued a Positive Declaration, requiring the Project Sponsors to prepare a DGEIS in accordance with the Planning Board-approved Scope. The Project Sponsors prepared and submitted the DGEIS to the Planning Board for review. On October 7, 2008, the Planning Board found the DGEIS to be in compliance with 6 NYCRR Part 617.9(b), and made a determination that it was adequate to begin public and agency review. The DGEIS was provided to all Involved and Interested Agencies and to the public at various repositories and on the City of Buffalo's website. The subsequent public comment period began on October 7, 2008 and concluded on November 18, 2008. A public hearing on the DGEIS was held at the Buffalo & Erie County Public Library on November 6, 2008. Input from the public review process was received in the form of written comments to the Planning Board throughout the public comment period and as oral/written comments received during the public hearing. The Planning Board determined that all the comments should be addressed in the form of a FGEIS. Pursuant to 6 NYCRR Part 617.9(b)(8), the Planning Board prepared the FGEIS. Creating the FGEIS required the Planning Board to review and consider all agency and public comments. The Planning Board determined that the FGEIS was complete on January 13, 2009. On January 15, the FGEIS was provided to all Involved and Interested Agencies and to the public at various repositories and on the City of Buffalo's website. The FGEIS addressed specific substantive comments raised during the public comment period and discusses mitigation measures which should be used to minimize potential negative impacts from the Projects to the maximum extent practicable. The Planning Board approved a Findings Statement concluding the Environmental Review on January 27, 2009 and now the Common Council may approve the present request for abandonment and sale of Goodrich Street in accordance with Article 27, Section 27-4 of the City Charter (Sale of Abandoned Real Property). Attached as Exhibit "A" is the ALTA certified land survey and description of the portion of Goodrich Street to be abandoned. The Division of Real Estate has notified the Buffalo Sewer Authority, Fire Department, Police Department and the City Planning Board and there were no objections to the proposed abandonment. The Department of Public Works, Parks & Streets was also contacted and they have provided attached Exhibit "B", conditions/recommendations regarding the abandonment and sale of this portion of Goodrich. In accordance with Article 27, Section 27-5 of the City of Buffalo Charter (Sale by Appraisal) Kaleida Health has commissioned Howard P. Schultz, Appraiser, to estimate the fair market value of the property. Mr. Schultz has estimated the value of the property to be One Million One Hundred Thousand Dollars ($1,100,000.00). The real estate appraisal was submitted to the City of Buffalo Appraisal Review Board for review and they concur with the value established by the Appraiser. I am recommending that Your Honorable Body approve the sale of Goodrich in the amount of One Million One Hundred Thousand Dollars ($1,100,000.00), upon the recommendations/conditions of the Department of Public Works, Parks & Streets. I am further recommending that should Your Honorable Body approve the abandonment and sale, that the Corporation Counsel be authorized to prepare the necessary agreements for the sale and transfer of the property to forward to Your Honorable Body for final approval. Mr. Fontana moved: That the Common Council hereby approves the abandonment and sale of Goodrich Street between Ellicott and Michigan upon the specific terms and conditions contained in Exhibit B attached to the item and that Corporation Counsel be authorized to prepare the necessary agreements to sell the abandoned portion of Goodrich for $1.1 million and forward said contract to the Council for final approval. PASSED AYES - 9 NOES - 0 FROM STRATEGIC PLANNING NO 5 APPROVAL TO RECEIVE GRANT FUNDING FOR THE SURVEY OF HISTORIC RESOURCES IN BLACK ROCK The City of Buffalo recently was awarded a grant in the amount of $7,500 from the Preservation League of New York State for the survey of historic resources in the Black Rock planning neighborhood of the City of Buffalo. The intended result of this project is the production of a Historic Resource Survey that will be used for the evaluation of the impact of city investment and projects on historic resources and the future nomination of a National Register of Historic Place Historic District. The nomination of a National Register District would lead to eligibility for grants, tax credits, and other resources for the rehabilitation and revitalization of properties in the area. The survey will be produced in both written and digital format, and will be accessible to the public on the City of Buffalo website. While no match was required for the application, the Buffalo Urban Renewal Agency has committed a cash match in the amount of $5,602 and an in-kind match of staff time to this project. The Department requests your Honorable Body's permission to receive the grant funds and that your Honorable Body authorize the Mayor to enter the agreement with the Preservation League and that your Honorable Body authorize myself and or the Mayor on behalf of the City of Buffalo and or the City of Buffalo's Office of Strategic Planning to enter into contracts, agreements and or other or related appropriate arrangements with the above mentioned grant funding sources and partners in order to receive the Preservation League grant funding and further in order to implement all the above and related objectives of the Program. In addition, I am requesting your Honorable Body to further authorize myself and or the Mayor and or appropriate staff to take all such steps and actions and to execute and or process such additional documentation and or modifications as shall be necessary to facilitate the grants funding; and that your Honorable Body hereby direct the Corporation Counsel and other appropriate City personnel to finalize said contracts and other necessary documentation wherever necessary for execution and Program implementation. Mr. Fontana moved: That the above communication from the Office of Strategic Planning dated January 12, 2009, be received and filed; and That the Mayor be, and he hereby is authorized to enter into contracts, agreements and or other or related appropriate arrangements with the above mentioned grant funding sources and partners in order to receive the Preservation League grant funding and further in order to implement all the above related objectives of the Program. That the Mayor, be and he hereby is authorized to take such steps and actions and to execute and/or process such additional documentation and/or modifications as shall be necessary to facilitate the grants funding and that the Common Council direct the Corporation Counsel and other appropriate City personnel to finalize said contracts and other necessary documentation wherever necessary for execution and Program implementation. PASSED AYES - 9 NOES - 0 NO 6 STRAT PLAN-REQ FOR CC AUTH TO APPLY FOR NYSD OF STATE & ENVIR CONSERVE BROWNFIELD OPPORTUNITY AREAS PROGRAM Request for Common Council authorization to apply for the New York State Departments of State And Environmental Conservation Brownfield Opportunity Areas Program for the proposed Buffalo Harbor Brownfield Opportunity Area (BOA). The State of New York Brownfield Opportunity Area Program provides financial and technical assistance, up to 90% of eligible project costs, for each approved Brownfield Opportunity Area, to complete site assessments, revitalization plans and implementation strategies for areas affected by the presence of brownfield sites. BOA project activities will include "an in-depth and thorough description and analysis, including an economic and market trends analysis, of existing conditions, opportunities, and reuse potential for properties located in the proposed Brownfield Opportunity Area with an emphasis on the identification and reuse potential of strategic sites that are catalysts for revitalization." The project will conclude with "a description of key findings and recommendations to advance redevelopment of strategic sites and to revitalize the area." I am recommending that your Honorable Body authorize the Mayor to submit a Brownfield Opportunity Area application for funding to undertake any and all eligible activities as set forth pursuant to the Brownfield Opportunity Area Program; and execute any and all documentation necessary to apply, accept and administer said grant funding. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO 7 RESULTS OF NEGOTIATIONS 806 SOUTH PARK, 29.92' NW LN LOT 16 LOT SIZE: 30' X 124' ASSESSED VALUATION: $2,100(FILLMORE DISTRICT) The Office of Strategic Planning, Division of Real Estate has received a request from the Valley Community Association, Ms. Peggy Overdorf, 93 Leddy Street, Buffalo, New York 14210 to purchase 806 South Park Avenue. Valley Community Association owns the vacant lot located at 808 South Park, which is adjacent to the City owned vacant lot at 806 South Park. They are acquiring to improve these vacant parcels with a maintenance garage to store lawn mowers and maintenance equipment used to maintain the community center grounds and adjacent City owned playground. The Division of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. The Division of Real Estate has investigated the sale of similar lots in the subject area. Sales range from Fifty Cents ($50) to One Dollar and Thirty-Five Cents ($1.35), per square foot. The results of our negotiations are that the Valley Community Association has agreed and is prepared to pay Two Thousand Six Hundred Dollars ($2,600), Seventy Cents ($.70) 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 806 South Park to the Valley Community Association in the amount of Two Thousand Six Hundred Dollars ($2,600). 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 February 4, 2009, be received and filed; and That the offer from Valley Community Association, Ms. Peggy Overdorf, 93 Leddy Street, in the sum of two thousand and six hundred dollars ($2,600.00) for the purchase of 31 Capen Boulevard, be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES - 9 NOES - 0 NO 8 SCHOOL 36 -40 DAYS PARK Prior Council Reference: Item #64, C.C.P. October 14, 2008 The above referenced item is a Common Council Resolution by Councilmember Davis regarding the proposed abandonment of School 36, located at 40 Days Park and the future plans for the school. The Office of Strategic Planning recently received notice from the Buffalo Board of Education that the school will be abandoned in the near future. There are no plans in place at this time for public or private re-use when the school closes. The Office of Economic Development, Permit and Inspection Services along with the Office of Strategic Planning will work closely with the community and the Common Council to insure that any proposed re-use of the property meet with their approval. REFERRED TO THE SPECIAL COMMITTEE ON EDUCATION FROM THE COMPTROLLER NO 9 BLS COURSE SPONSORSHIP & ESTABLISHING NEW REVENUE PRIOR COUNCIL REFERENCE: Item No. 31, C.C.P. 12/9/08 The Common Council has forwarded this item to my office for a response. In September 2008 the Fire Department contacted my office and asked if they could utilize the existing Emergency Medical Services (EMS) revenue account for the Rural Metro Franchise Fee to deposit any fees received for training both City Fire personnel and persons outside the department. The EMS account was set up specifically to account for the Rural Metro Agreement. At the time the account was established we were told by the attorney for the City's Emergency Services Board that as a percent of the funds received from Rural Metro consists of Medicaid payments, the City can only use these funds for emergency medical services. Therefore, we set up a new function for EMS to track the use of the franchise fee received from Rural Metro. This function cannot be supplemented with other revenues or we will lose the ability to report on the expenditures related to the franchise agreement. On October 1, 2008, my office referred the Fire Department to the Budget Office to determine the appropriate existing general fund function to use to record these fees and related costs, and also determine if new accounts were needed or if this could be recorded in existing accounts and tracked by use of a project identification number. My office will work with both the Fire Department and the Budget Office to determine which, if any, new accounts need to be established in the general fund to account for this new service provided by the Fire Department. REFERRED TO THE COMMITTEE ON FINANCE NO 10 CERTIFICATE OF NECESSITY INCREASED APPROPRIATION FUND BALANCE LAW DEPT- JUDGMENT AND CLAIMS - PRIOR YEAR We, Byron W. Brown, Mayor and Andrew A. SanFilippo, Comptroller, do hereby certify, pursuant to §20-11 of the Charter, that an increase in the sum of $2,000,000 in the estimates for the fiscal year beginning July 1, 2008 is necessary in Appropriation Allotments - Law Dept -Judgment and Claims - Prior Year, to meet a contingency which could not have been reasonably foreseen when the budget was adopted. The amount of increased appropriation will be met from 10000000 - 253000 Unreserved Fund Balance, not otherwise appropriated for any other purpose. The details of the requirements are set forth below: FROM: 10000000-253000 - General Fund - Unreserved Fund Balance $2,000,000 To: 17221008-480205 - Law Department - Judgment and Claims - Prior Year $2,000,000 Dated: Buffalo NY, December 31, 2008 RECEIVED AND FILED NO 11 SHARED ASSET FORFEITURE FUND (SAFF) AS OF DECEMBER 31, 2008 Per Article vii Chapter 16- 27 B of the City Charter I am filing a report of the financial position of the Shared Asset Forfeiture Fund as of December 31,2008. REFERRED TO THE SPECIAL COMMITTEE ON POLICE OVERSIGHT FROM THE COMMISSIONER OF MANAGEMENT INFORMATION SYSTEMS NO 12 CERTIFICATE OF APPOINTMENT Appointment effective 1/20/2009 in the Department of MIS to the position of System Analyst Provisional, Competitive, Intermediate salary. Joseph Strainese, 318 Southside Pkwy, Buffalo 14220 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO 13 AFTER ACTION REPORT WINTER STORM 12/19 THRU 12/22 th, AFTER ACTION REPORT WINTER STORM DECEMBER 192008 THRU DECEMBER 22, 2008 By Lawrence Panaro Superintendent of Street Sanitation I Division of Streets COPY AVAILABLE IN THE CITY CLERKS OFFICE FOR REVIEW REFERRED TO THE COMMITTEE ON LEGISLATION. NO 14 CHANGE IN CONTRACT BAILEY GENESEE FIRE STATION CONSTRUCTION J OB #0722 LOVEJOY DISTRICT 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. Additional sitework required on Burgard at the adjacent property to include removal of existing retaining wall, excavation/grading of lot, remove and prep concrete sidewalk and curb area, replace new concrete sidewalk and curb, furnish and install new granite curbing, new topsoil 4", new landscaping, new fencing and screening, and credit concrete cap at existing retaining wall. Add $ 49,398.05 The foregoing change results in a net increase in the contract of Forty Nine Thousand Three Hundred Ninety Eight and 05/100 Dollars ($49,398.05). Summary: Original Contract Amount $3,036,000.00 Change Order #1 Add $ 40,111.71 Change Order #2 Add $ 4,271.07 Amount of This Change Order (#3) Add $ 49,398.05 Revised Contract Amount #3,129,780.83 Costs have been reviewed by the Consulting Architect (Chaintreuil, Jensen & Stark) and the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in 30320106 445100 - Division of Buildings. Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated February 6, 2009, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue change order No. 3, to Rodems Construction Co., Inc., an increase in the amount of $49,398.05, 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 - 9 NOES - 0 NO 15 REPORT OF BIDS REPAIR OF STREETLIGHT FOUNDATIONS AND KNOCKDOWNS CITYWIDE VII GROUP #694 This is to advise Your Honorable Body that I have advertised and received bids on February 4, 2009 The following bids were received: Contractor Base Bid Total Bid Price South Buffalo Electric, Inc $284,749.00 $298,986.45 1250 Broadway Street Buffalo, NY 14212 O'Connell Electric Co. Inc. $292,839.00 $307,480.95 830 Phillips Road Victor, NY 14564 Spoth Enterprises, Inc. $332,735.00 $349,371.75 8746 Lakeshore Road Angola, NY 14006340.00 MADCOM $530,800.00 $557,340.00 106 Freemont Ave. Depew, NY 14043 I hereby certify that the lowest responsible bidder for the above project is South Buffalo Electric and I respectfully recommend that Your Honorable Body authorize a contract award to South Buffalo Electric in the amount of $298,986.45. (Base Bid of $284,749.00 + [5% unit price increases] $14,237.45 equals [Total Award] $298,986.45.) Funds for this project are available in our Streetlight Road Repair Account 13116006-443100. The engineer's estimate for this work is $350,000.00. Mr. Fontana moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated February 6, 2009, 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 Repair of Streetlight Foundations and Knockdowns Citywide VII, Group #694, to South Buffalo Electric, the lowest responsible bidder, in the amount of $298,986.45 (Base Bid of $284,749.00 + [5% unit price increases] $14,237.54 equals [Total Award] $298,986.45. Funds for the project are available in Streetlight Road Repair Account 13116006-443100. PASSED AYES - 9 NOES - 0 NO 16 CERTIFICATE OF APPOINTMENT Appointment effective February 4, 2009 in the Department of Public Works, Division of Streets to the Position of Dog Control Officer, Provisional Appointment at the Maximum Salary of $34,928 Timothy J. Dyte, 53 Gunnell Avenue, Buffalo, NY 14216 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 17 CERTIFICATE OF APPOINTMENT Appointment Effective: February 5, 2009 in the Department of Public Works to the Position of Special Assistant, Exempt appointment at the flat starting salary of $34,133 Raymour Nosworthy, 382 Millicent Ave, Buffalo, NY 14215 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT & INSPECTION SERVICES NO. 18 RESTAURANT DANCE LICENSE (RENEWAL) 2426 SOUTH PARK (SOUTH) Pursuant to Chapter 150 of the City of Buffalo Ordinances, please be advised that I have caused an investigation into the premises located at 2426 South Park (South Park Bowling Inc.) for which said renewal application for a Restaurant Dance Class III license is being sought by Tamara Recckio and according to the attached reports from the Fire Department, Police Department and Building Inspections, 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 Commissioner of Economic Development, Permits and Inspections Services or his designee is authorized to issue a Restaurant Dance License III to Tamara Recckio at 2426 South Park (South Park Bowling Inc PASSED AYES - 9 NOES - 0 NO. 19 YEAR 34 COMMUNITY DEVELOPMENT QUARTERLY REPORTS (AUGUST 1, 2008 TO OCTOBER 31, 2008) Attached please find Quarterly Reports for Year 34 Community Development Block Grant Funded Public Service Agencies including Fair Housing Contracts. These Community Based Organizations provided various Public Service needs Through the City of Buffalo. Services include, but are not limited to Youth, Senior Citizens, Cultural Enrichment, Literacy and Special Needs (Physically or Mentally Handicapped). REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT. FROM THE CITY CLERK NO. 20 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 200 Delaware Ave Uniquest Hospitality LLc Uniquest Hospitlity LLC 479 Genesee St Johnny's Golden Glove Valita Parks 317 Hopkins St Hop Inn Michael V. Burke 520 Niagara St Rendezvous of Buffalo LC Tina DeJesus RECEIVED AND FILED NO. 21 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: Mayor/Mayor Executive- x Police- Timothy Strunk Fire- RECEIVED AND FILED. NO. 22 NOTICES OF APPOINTMENTS - COUNCIL INTERNS I transmit herewith appointments to the position of Council Intern. Mr. Fontana moved the approval of the appointments to the position of Council Intern. ADOPTED. CERTIFICATE OF APPOINTMENT Appointment Effective 2/9/09 in the Department of Common Council, Division of Delaware District to the Position of Intern IX, Unclassified, Non Competitive at the flat starting salary of $11.00/hr Maria DiSalvo, 282 Commonwealth Ave, Buffalo, NY 14216 CERTIFICATE OF APPOINTMENT Appointment Effective: 2/9/09 in the Department of Common Council, Division of Fillmore District to the Position of Intern V, Unclassified, Non Competitive at the flat starting salary of $8.00/hr Edward Dobosiewicz, 170 Woodward Ave, Buffalo, NY 14214 CERTIFICATE OF APPOINTMENT Appointment Effective: 2/9/09 in the Department of Common Council, Division of South District to the Position of Intern VI, Unclassified, Non Competitive at the flat starting salary of $10.00/hr Richard Taczkowski, 147 Marine Dr Apt 8A, Buffalo, NY 14202 NO. 23 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: 2/4/09 in the Department of Public Works, Division of Streets to the position of Laborer II, Seasonal at the flat rate of $11.11/hrt Luis Rivera, 139 Townsend Street, Buffalo, NY 14212 NO 24 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: 1/25/2009 in the Department of Public Works, Parks and Streets, Division of Buildings to the position of Senior First Class Stationary Engineer, Temporary Appointment at the Flat Salary of $11.11/hr Bryan O’Connor, 167 Eden St, Buffalo, NY 14220 CERTIFICATE OF APPOINTMENT Appointment effective 1/26/2009 in the Department of Police, to the position of Crossing Guard, Temporary, Non Competitive at the minimum salary of $9.90/hr Gina Tomaselli-Herendi, 533 Ashland Ave, Buffalo, NY 14222 CERTIFICATE OF APPOINTMENT Appointment effective 2/4/2009 in the Department of Public Works, Division of Streets to the position of Truck Driver, Temporary Appointment at the Minimum salary of $31,295 Krista Feldman, 189 S. Legion Drive, Buffalo, NY 14220 CERTIFICATE OF APPOINTMENT Appointment effective 2/9/2009 in the Department of Public Works, Division of Water to the position of Account Clerk Typist, Provisional Appointment at the Minimum salary of $29,391 Phyllis Brown, 85 Busti Ave, Buffalo, Ny 14201 NON-OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON-OFFICIAL COMMUNICATIONS NO. 25 PROGRAM PACKAGING AND DEVELOPMENT SERVICES (PPDS) PROVIDER FEBRUARY 3, 2009 Attached are the following documents from the Joint Schools Construction Board meeting scheduled on February 2, 2009: 1. Draft Agenda 2. Meeting Minutes from JSCB Meeting dated January 5, 2009 3. Fully Executed Phase III Application and Certificate for Payment No. 21 -December 2008 4. Phase III Application and Certificate for Payment No. 22 -January 2009 5. Phase IV Application and Certificate for Payment No. 7 - January 2009 6. Program Packaging and Development Services (PPDS) Provider Update 7. Bevlar & Associates Inc. Construction Contract Monitoring and Compliance Services Monthly Report for Addendum 1 Phase III Project - December 2008 8. Inclusion Development Associates, Inc. Construction Contract Compliance Monitoring Monthly Report for Phase III- December 2008 RECEIVED AND FILED NO. 26 CORRESPONDENCE CONCERNED (UPDATED PROPOSAL TO ESTABLISH OF AN ERIE COUNTY PLANNING BOARD ) Enclosed please find materials concerning the above referenced matter. As this is a county-wide issue, Erie County Legislator Maria R. Whyte has directed me to forward to you this updated information so that it could be shared as widely as possible. As such, I am requesting that you forward the enclosed to all of your town elected officials, and anyone else who may be interested, so that they can be aware of the upcoming informational meetings about this issue. Thank you so much. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT AND THE OFFICE OF STRATEGIC PLANNING NO. 27 1606 KENMORE BUFFALO NEW YORK 14216, SBL: 78.37-2-1.1 BILL# 06439650 Dear Mr. Golombek: I am following up on a conversation I had with you recently regarding a tax exemption pursuant to New York State Real Property Tax Law applicable to the economic empire zone. I count on the city of Buffalo to provide at least a ten year real estate tax exemption for the business to operate and provide new jobs for the area people. 1606 Kenmore Avenue is a new state of the art veterinary medicine and surgical facility. This construction is done in what is believed to be the economic zone of Buffalo. To my surprise, I learned from Maria Garozzo-Payne of the Department of Taxation in the Department of Taxation and Assesments the Elmwood and Kenmore Avenues area are not included in the economic empire zone. improvement of the business in this area are not allowed to get any help from the city. This new facility as it grows will employ over 25-30 new personnel. Therefore, this will help to generate new employment opportunities and increase the tax base. I have invested time, money, and effort to remain in Buffalo to make this happen. I have invested over 2 million dollars in loans and equipment for this state of the art brand new structure. I look forward to your help in upgrading both 1606 Kenmore Avenue and 2235 Elmwood Avenue to the economic empire zone. I am planning to meet with Mayor Brown concerning this matter as well. If I need to provide any more information, please feel free to call me at 716-876-6023. REFERRED TO THE COMMITTEE ON LEGISLATION & COMMISSIONER OF ASSESMENT & BERC NO. 28 BUFFALO OLMSTED PARKS CONSERVANCY CONTRACT EXTENSION POSITION PAPER 2/9/2009 On July 1, 2004, the Buffalo Olmsted Parks Conservancy signed a 15 year contract with Erie County to manage operations for the historic Olmsted Park System, owned by the City of Buffalo. Chris Collins, Erie County Executive sent a letter to the City of Buffalo Mayor Byron Brown opting out of the agreement in one years time on June 13, 2008. The County's recently released '09 budget includes funding for BOPC only through the end of June, 2009. This situation has put in doubt the ability of the BOPC to continue managing the Olmsted parks after July 1, 2009. The Olmsted system, representing approximately 1200-acres includes 6 major parks, 7 parkways, 8 traffic circles and a range of smaller parks and associated green spaces. At the time of the signing the parks were in mediocre condition due to years of deferred and substandard maintenance. Over the course of the contract, the Buffalo Olmsted Parks Conservancy has been universally praised for the dramatic improvement in basic park conditions throughout the Olmsted system. The contract provides funds to the Conservancy to offset some of the cost of maintenance operations. The Conservancy retains most of the earned income from the park operations and raises the remaining funds to manage the parks from several contributed sources such as: membership campaigns, special fundraising events, corporate and foundation solicitations These necessary increased levels of maintenance have been accomplished despite significant limitations, including the fact that the yearlong (unplanned) clean-up and rebuilding of the parks after the October 2006 storm. The parks agreement contract called for the County to provide trucks and equipment which were never secured. The result: Conservancy staff has had to scramble to meet increased maintenance expectations with insufficient vehicles and outdated equipment prone to breakdowns. Further, the cash support provided by the contract is insufficient to fully staff the operations team. There are 60 maintenance zones established for the Olmsted Parks and Parkways. Current funding only allows for the Conservancy to hire about 40 zone gardeners. Another factor that at times has limited the Conservancy's effectiveness is the lack of clarity over which partner is responsible for certain repairs and necessary improvements. The Conservancy has responsibility for maintenance and repair of the historic park buildings and facilities. The City and/or the County have responsibility for major repairs. They have consistently had difficulty determining which governmental agency had responsibility and the liability for major repairs and what constituted a major repair. Very often a lack of maintenance when an issue first surfaced has led to major and expensive failures in the historic park buildings. The City and County's continuing financial limitations have exacerbated this issue and the Conservancy has recently stepped in with additional private resources to accomplish urgent repairs on such facilities as the Marcy Casino and the Rose Garden Pergola in Delaware Park, the Cazenovia Casino, and the Martin Luther King, Jr. Park Shelter House restrooms. To date over $22.5 million in capital investments for the park system has been secured. There are $9.5 million in capital funds committed for 2009. Projects include: •Planting over 2200 trees and shrubs in the entire Olmsted System Phase One restoration of the Parkside Lodge Rebuilt pathways in Delaware Park Annual fundraising events drawing new park users annually More than 1000 volunteers supporting Conservancy efforts annually Landscape beautification projects in each of the parks Rebuilding of Olmsted Circles A state-of-the-art tree inventory completed in 2006 and updated in 2008 Discussion with the state DOT on the reduction of vehicular traffic along the Scajaquada Expressway and restoration of a parkway Restoration of the Front Park Terrace. Leadership role in the Peace Bridge Expansion project process in an effort to protect Front Park. Collaborations with cultural organizations located in the Olmsted System. Establishment of Olmsted ReLeaf to raise funds for clean-up and reforestation after the October storm. Restoration of the MLK Park Wading Pool Fillmore Ave Revitalization MLK Park Shelter House restoration Seneca Streetscape improvement project Larkin Circle and Soldier's Circle plans Marcy Casino Restoration projects While the Conservancy has made significant investments in the facilities and grounds throughout the Olmsted park system, one of the most important actions to date is st the completion of a long-range restoration plan for the entire system. This "Plan for the 21Century" is the culmination of a five-year planning study undertaken by the Conservancy, the University of Buffalo Urban Design Project with the input of Olmsted park users and the Olmsted Advisory Council (comprised of 50 stakeholder organizations), guided by the Conservancy's Long Range planning committee. This state-of-the art plan calls for a strategic re-investment in the parks and parkways, restoring key missing historic elements and reconnecting the entire system through parkway extensions and restoration. Ideally the contract period should coincide with the 20 year framework of the Plan in order to coincide with an aggressive and strategic fundraising effort. Nationally, most cities annually invest on average approximately $80 per resident in their park's systems. Buffalo's recent financial difficulties and shrinking tax base has lowered this amount to less than $10 per resident. The Buffalo Olmsted Parks Conservancy has secured private donations of cash and in-kind services that increase that investment in our park resources three~. While still nowhere near the national average, the parks and parkways are beginning to show vast improvements in the level of care and maintenance. General awareness of the unique qualities and historic significance of the Olmsted System in Buffalo has increased over the past decade. Many recognize the importance of this community and regional asset. In fact, almost half (47%) of the park users come from outside of the City of Buffalo. If well maintained and operated, the parks and parkway system represents a significant cultural asset that can serve as a draw for tourism and new residents while enhancing the quality of life of the existing population. The Buffalo Olmsted Parks Conservancy, a 501c3, not-for-profit, membership based organization has a proven track record of success. We have a talented and well- regarded professional staff with many years of accumulated park management experience and a deep knowledge of the Olmsted legacy. The Conservancy is backed by a dedicated and generous volunteer Board of Trustees, all of whom contribute generously to the annual operations and capital improvement projects in the parks. The Conservancy has attracted an army of over 1000volunteers annually who donate many hours each year to assist with plantings, maintenance, administration, events and fund-raising. The alternative to extending the contract with the Buffalo Olmsted Parks Conservancy would require the re-establishment of a city parks maintenance operation that is not able to secure the donations and in-kind services that stretch limited funds by a factor of three. The City of Buffalo and Erie County are at the leading edge of a national municipal trend of outsourcing. The ground breaking contract with the Buffalo Olmsted Parks Conservancy is a model for other municipalities across the nation looking for ways to establish an effective public/private partnership. A prompt renegotiation for the extension of the operations and management contract with the Buffalo Olmsted Parks Conservancy is essential to the continued success of the partnership and of the Olmsted Parks System. Private donors must be assured that the funds they provide will be utilized for the purpose intended. There must be no question about the continued commitment to the Olmsted parks and parkways going forward. With the 20-year time frame for the long-range plan and the concerted effort which will be required to secure the significant private and public investment in the parks, the Buffalo Olmsted Parks Conservancy requests discussion begin immediately for a 20-year extension of our contract as soon as possible. Specific Comments with regard to the existing contract: Section 2 Term -according to Section 2 of the Conservancy's contract with Eire County: (a) Subject to termination pursuant to paragraph (b) of this Section 2, this Agreement shall remain in effect for five (5) years renewable by the Conservancy at the Conservancy's discretion for each of two (2) consecutive five (5) year terms. 5 year term is too short. We need 20 years or more in order to secure the capital funds st envisioned in the Plan for the 21Century. Recommend that this be changed to read "two (2) consecutive ten (10) year terms." (b) Upon at least one year's written notice, either party may terminate this Agreement without cause effective at the end of any fiscal year after the first five (5) year term. Either party may terminate this Agreement for cause only for failure to remedy a material breach within a reasonable time after written receipt of notice of such breach and only upon at least 30 days written notice of termination. By mutual agreement, the parties may terminate this Agreement at any time. This leaves the Conservancy vulnerable as we move to a year to year agreement! Recommend that the first sentence of this paragraph be eliminated. (c) Upon termination of the Inter-Municipal Agreement, this Agreement shall be assigned by the County to the City. Section 5 Management, Maintenance and Repair of Certain Facilities. Building repair and replacement has been an issue of some contention. According to Section 5 of the Contract while the Conservancy clearly has the responsibility for management, maintenance and repair of most park facilities, major repairs are assigned to the City and/or County. The contract lists these specific structures and then states: (b) Regarding the above mentioned structures, the County and/or (emphasis added) the City of Buffalo will be responsible for, or will coordinate, all structural, mechanical and major repairs that involve structural damage or improvements, and any major utility work (major electrical, water, sewer, gas, fiber optics, phone, etc.) as provided for in the Inter-Municipal Agreement. This lack of specificity with regard to which entity is responsible for these repairs has led to slow response or inaction in the case of some necessary repairs. The Conservancy has recently assumed greater responsibility for facility repairs, but must secure greater resources and qualified staff to address significant deferred st maintenance issues throughout the parks. The Plan for the 21Century calls for the eventual relocation of some non-contributing facilities to locations outside of the historic park landscape. The Conservancy is committed to helping the City of Buffalo rebuild these facilities as they reach the end of their useful lives in locations that meet community needs and further reinvestment and revitalization of the neighborhood. Recommend that the following be added to this paragraph: Long-term deferred maintenance of the facilities shall be identified in a Parks Inspection Program Manual as defined in Section 26 Maintenance and Repair Standards. The City of Buffalo shall provide funding to the Conservancy to address these base line repairs, subject to budgetary limitations. The Conservancy will make good faith efforts to raise additional funds for capital repairs. A reserve for replacement of outmoded facilities estimated at approximately $2 million per year shall be established by the City of Buffalo. The Conservancy and the City of Buffalo shall work together with the community to define which facilities have reached the end of their useful life. The Conservancy will assist in identifying acceptable new locations, and aid in securing capital funds for these projects. Section 16 Revenue Sharing. The conservancy retains all revenues from golf, permits and concessions up to $370,000. Any amount above that shall be split 70% to the Conservancy and 30% to the County. I recommend that this be changed to allow the Conservancy to keep all revenues generated as an incentive to maximize earned income and provide us with additional funds to operate the parks. Therefore we recommend elimination of Paragraph (b). Section 17 Equipment This has been an area of considerable hardship for the Conservancy. According to the contract: Section 17, paragraph (c) In cooperation with the Conservancy, the County will assign to the Conservancy equipment for use in the Olmsted Parks and Parkways including a minimum of 14 pick up trucks and 14 utility vehicles "gators" as well as the equipment listed in a schedule which shall be appended hereto upon finalization. So far the County has assigned a total of 12 trucks throughout the course of the contract, not at one time and of which only 6 are currently operational. (one needs urgent replacement). No "gator's" were ever provided. The Conservancy has purchased 5 vehicles in order to help make up the shortfall. But we are still five vehicles short, 1 ton dump trucks in particular. The 14 utility "gator" vehicles are also urgently needed throughout the system. We urge the County/City to provide these vehicles immediately upon amendment of the contract. REFERRED TO THE SPECIAL COMMITTEE ON PARKS OVERSIGHT. NO. 29 JOHNNIE B. WILEY AMATEUR ATHLETIC SPORTS PAVILION COMMUNITY PARTICIPATION COMMITTEE The Johnnie B. Wiley Community Participation Committee would like to request a meeting with the Buffalo Common Council to discuss recent developments and issues concerning the facility. Please add the JBW Committee to the Council agenda. Dorothy Hill Statement of Purpose The Johnnie B. Wiley Amateur Athletic Sports Pavilion Community Participation Committee is an organization of concerned citizens committed to support the operation and development of the amateur athletic sports pavilion in a sustainable way to serve the best interests of youth and community. The committee is composed of citizens from diverse backgrounds seeking to address current needs of the facility and its organizational operations, as well as maximize the capacity of the facility and organization to operate both as a center of excellence for youth development and as a community development asset. The Johnnie B. Wiley Sports Pavilion is a multifaceted facility for sports, (football, baseball, track)and community/civic events. It has seen significant use by community based youth sports leagues, Buffalo Public Schools, Faith based groups, community organizations and others. Over the past few years, the Johnnie B. Wiley facility has suffered from under-funding, limited maintenance, and minimal development. Because of the recent transfer of City Parks to Erie County that included the Johnnie B. Wiley facility, the operations and future of the sports pavilion have been placed in an even more precarious position. Serious questions are raised when maintenance and operations are unstable. As a result of this current condition and bleak outlook, the Johnnie B. Wiley Community Participation Committee has been organized as a network of support that can invigorate community support, and promote cooperative and innovative initiatives joining together public, private and community resources. The organizational and operational viability of the facility is in question. The insufficient funding, lack of staffing and lack of organizational efficacy present critical needs that must be addressed. Therefore the Community Participation Committee calls upon city and county representatives to meet with the committee to discuss the operations; City-County processes; roles and responsibilities necessary to create a Johnnie B. Wiley Sports Pavilion action plan of inclusiveness and sustainability. REFERRED TO THE SPECIAL COMMITTEE ON PARKS OVERSIGHT NO 30 L. IGLESIAS-HISPANICS UNITED OF BFLO SUPPORT FOR PEACE BRIDGE EXP PROJ Peace Bridge Expansion It is with great pleasure that we at Hispanics Untied of Buffalo support the Peace Bridge expansion project. On December 18, 2008 at the organizations annual meeting the Board of Directors passed unanimously a resolution to support the project. As you are well aware, this project brings numerous benefits to the City of Buffalo and the community immediately surrounding the bridge/plaza footprint: 1) The construction associated with the project will bring new opportunities for job training and employment and increased economic opportunities for Buffalo's low and moderate income population. 2) Although the expansion project encroaches into the neighborhood, the expansion will positively impact on the surrounding housing stock and commercial districts. 3) The homes on Prospect Hill which have been identified as having historical significance will not be affected by the project. These homes will continue to keep their beauty and enhance the area. 4) The expansion of the Peace Bridge and plaza will rid the current blight that exists in the Columbus Parkway area and replace it; with a visually significant infrastructure project. 5) The Buffalo and Fort Erie Public Bridge Authority has completed Phase I. The project complements the improvements which are occurring in the surrounding area. 6) Pollution will have less impact than in the currant situation, because of the planned location of the truck plaza and the efficient use of the toll booths and connecting roadways. 7) Noise will be mitigated by the added berms. 8) More public parkland will be available. will provide a more secure border crossing as required by Homeland Security. 9) The bridge and plaza 10) Hispanics United fully support the newly leaned neighborhood organization "Neighbors for Progress'. This organization is comprised of over 75 homeowners that will be immediately impacted by this expansion project. Therefore, we are excited to support this endeavor for the benefit of our great city and our community. Should you have any questions, please feel to contact me at your earliest convenience. Sincerely Lourdes T. Iglesias Executive Director REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO 31 M. LOCURTO-2009-2010 ANNUAL ACTION PLAN RECOMMENDATION The Common Council is slated to review the Plan cited above and has scheduled a series of meetings to discuss the recommendation in greater detail. To assist with this review please provide the following information for the work session scheduled for Wednesday, February 11,2009 at 1:00 pm in Room 1417 City Hall: For the Buffalo Urban Renewal Agency (BURA) the Buffalo Economic Revitalization Corporation (BERC) and the Buffalo Neighborhood Revitalization Corporation (BNRC): •A list of all outstanding loans to include borrower name, date loaned, amount owed and whether current or in arrears as of the last statement date *A list of all outstanding loans written off to include the borrower name, date loaned and amount written off. Also what collateral was furnished for the loan and whether the respective lender has made a claim for / taken possession of such collateral? •A list of all properties owned and a brief description thereof •A copy of the Preliminary Federal Award letter(s) for all grants included as revenues and resources in the cited plan •A by-name listing of all employees, their job titles and salaries for officers, directors and employees, for the last three (3) years •A by-name listing of all individuals to whom a cell phone, blackberry, beeper and / or similar telecommunication equipment was issued, the service provider and monthly cost thereof, for the last twelve (12) months *A copy of any Audit reports and/or Reviews conducted by any Certified Public Accounting Firm(s), Consultant(s) and/or any Federal or State Agency Such as but Not limited to the United States Department of Housing and Urban Development (HUD) *A listing of any mid-year budget changes to the (current) Annual Action Plan for 2008-09 (Yr34) Thank you in advance for your anticipated cooperation in these matters. If you have any questions regarding this request, please contact the undersigned at 851-5155. Sincerely, Michael J. LoCurto Chairman, Community Development Committee Common Council Member Delaware o 32District REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO 32 O. MCFOY-MONTLY WATER BOARD REPORT JANUARY 2009 COPY AVAILABLE IN THE CITY CLERKS OFFICE FOR REVIEW REFERRED TO THE COMMITTEE ON FINANCE NO 33 THOMPSON-SUPPORT OF CCP #78, 2/3/09-REMOVAL I90 FROM WATERFRONT Dear Ms. Rushton: I am in receipt of your request dated February 6, 2009 regarding the removal of Item #78 CCP I90 from the Waterfront. I am in support of this project and agree that a study should be commissioned. I agree, returning valuable waterfront access to residents stabilizes neighborhoods. Should you require additional information, please call my Buffalo office at 845-8705 Sincerely Antoine M. Thompson th NYS Senator, 60 District REFERRED TO THE SPECIAL COMMITTEE ON WATERFRONT DEVELOPMENT PETITIONS NO 34 K. LONG, OWNER, USE 1900 HERTEL-USE ILLUMINATED SIGN (UNIV)(NO PUB HRG) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO 35 J. STEWART, USE 1358 KENSINGTON FOR A HSF (UNIV)(NO PUB HRG) REFERRED TO THE COMMITTEE ON LEGISLATION NO 36 ND A. SWINGLER, AGENT, USE 2067 NIAGARA ST-2FLOOR APT TEMPORARY HOUSING FOR HSF (NORTH)(NO PUB HRG) REFERRED TO THE COMMITTEE ON LEGISLATION NO 37 K. WRIGHT, AGENT, USE 636 DELAWARE-WALL SIGN & REFACE GROUND SIGN (ELL)(NO PUB HRG) REFERRED TO THE COMMITTEE ON LEGISLATION CIVIL SERVICE (BONNIE E. RUSSELL, CHAIRPERSON) NO 38 LEAVES OF ABSENCE (CTY CKL) (#26, 2/3) That the above item be the same and hereby is Received and Filed. ADOPTED NO 39 NOTICES OF APPOINTMENTS-TEMP/PROV/PERM (CRY CLK) (#27, 2/3) That the above item be the same and hereby is Received and Filed. ADOPTED FINANCE (MICHAEL P. KEARNS, CHAIRPERSON) NO 40 CERT OF NEC-STATE AID CAPITAL OUTLAY(COMP) (#15, 2/3) That the above item be the same and hereby is Received and Filed. ADOPTED NO 41 CHANGE IN CONTRACT - CITY HALL - MASONRY RESTORATION - PHASE 2 (ITEM NO. 17, C.C.P., FEB. 3, 2009) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Kearns moved: That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue change order No. 2, to Gracinao Corp., an increase in the amount of $10,537.00, as more fully described in the above communication, for work relating to Job No. 0746, City Hall Masonry Restoration, Phase 2, C #93000112. Funds for this project are available in 30320506 445100 - Division of Buildings. PASSED AYES - 9 NOES - 0 NO 42 PERMISSION TO REPLACE VEHICLE (ITEM NO. 23, C.C.P., FEB. 3, 2009) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Kearns moved: That the Director of Purchase be, and she hereby is authorized to replace the various vehicles as described in the above communication at no cost to the City. That the replacement of these vehicles is approved contingent on the new vehicles being designated as not authorized for take-home use, marked with the City Seal in accordance with Chapter 53 of the City Code, and concurrent with use, that the replaced vehicles be removed from City service and disposed of by the Director of Purchase in the best interests of the City. PASSED AYES - 9 NOES - 0 NO 43 STATUS OF SOUTH BUFFALO ROOF REPLACEMENT PROGRAM (ITEM NO. 32, C.C.P., FEB. 3, 2009) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Kearns moved that the above item be recommitted to the Committee on Finance ADOPTED NO 44 M. MORTENSON-REQUEST EXTENSION OR NEW LEASE-TILT NATURE PRESERVE (CCP# 36, 2/3) That the Above item be the same and is hereby returned to the Common Council without recommendation. Mr. Kearns moved that the above item be recommitted to the Committee on Finance. ADOPTED NO 45 INCREASED APPROPRIATION - STATE AID CAPITAL OUTLAY (ITEM NO. 79, C.C.P., FEB. 3, 2009) That the Comptroller be, and he hereby is authorized and directed to transfer the sum of $10,000,000 from 10700010-335006 State Aid to 16550007-471010 Permits & Inspections - Land Improvements as set forth in the above communication. PASSED AYES - 9 NOES - 0 NO 46 M. KEAMS-ARTICLE REG CREDIBLE COMMITMENT & COUNCIL-MANAGER GOV (#20, 1/6) That the above item is hereby referred to the Committee on Legislation ADOPTED NO 47 PAYMENT FOR SOUTH DISTRICT ROOF REPLACEMENT PROGRAM (ITEM NO. 47, C.C.P., NOV. 12, 2008) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Kearns moved that the above item be recommit-ted to the Committee on Finance ADOPTED NO 48 CITY TAKE HOME VEHICLES (MAYOR) (#1, 7/8) That the above item be the same and hereby is Received and Filed. ADOPTED NO 49 RESULTS OF NEGOTIATIONS - 1269 GENESEE (ITEM NO. 7, C.C.P., OCT. 2, 2007) (ITEM NO. 85, C.C.P., JULY 8, 2008) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Kearns moved that the above item be recommitted to the Committee on Finance ADOPTED NO 50 RD CLARIFICATION OF INFO BURA IN RESPONSE TO CC REQ FOR TRAVEL (EXCEPT 3RES ) (#93, 7/22)(#124, 7/8) That the above item be the same and hereby is Received and Filed. ADOPTED NO 51 RESPONSE TRAVEL INFORMATION REQUESTED BY COUNCIL (BURA) (#39, 7/8) That the above item be the same and hereby is Received and Filed. ADOPTED COMMUNITY DEVELOPMENT (MICHAEL J. LOCURTO, CHAIRPERSON) NO 52 REQ. FOR COMMON COUNCIL AUTHORIZATION TO APPROVE FUNDING AGREEMENT BETWEEN CITY AND BURA (ITEM NO. 6, C.C.P., FEB. 3, 2009) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. LoCurto moved: That the Mayor be and he hereby is authorized to approve the Funding Agreement between the City and the Buffalo Urban Renewal Agency which provides the City with $95,000, representing 10% in local match funds required to establish the "Buffalo River Corridor Brownfield Opportunity Area" and the "Tonawanda Street Corridor Brownfield Opportunity Area", receive funds, and enter into State Assistance Contracts with New York State to initiate project activities. PASSED AYES - 9 NOES - 0 NO 53 RESULTS OF NEGOTIATIONS - 54 ALMA (ITEM NO. 7, C.C.P., FEB. 3, 2009) That the offer from Ms. Dorothy Brown, residing at 52 Alma, in the sum of one thousand and eight hundred dollars ($1,800.00) for the purchase of 54 Alma, be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES - 9 NOES - 0 NO 54 RESULTS OF NEGOTIATIONS- 44 BARTON (ITEM NO. 9, C.C.P., FEB. 3, 2009) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. LoCurto moved: That the offer from Mr. Marcello Troncone of M & K Investments LLC, 25 Cranburne Court, Amherst, in the sum of five thousand dollars ($5,000.00) for the purchase of 44 Barton, be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES - 9 NOES - 0 NO 55 BFLO ENV MNGT COMM-MONTHLY ENERGY-EFFICIENCY TIP SHEET (#28, 2/3) That the above item be the same and hereby is Received and Filed. ADOPTED NO 56 D. SMITH-F. LUCCA-REQ APPROVAL OF ENVIRONMENTAL IMPACT STATEMENT (#22, 1/6) Mr. LoCurto moved that the above item be recommitted to the Committee on Community Development ADOPTED LEGISLATION (JOSEPH GOLOMBEK JR., CHAIRPERSON) NO 57 RESULTS OF NEGOTIATIONS - 83 SUSSEX (ITEM NO. 11, C.C.P., FEB. 3, 2009) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Golombek moved that the above item be recommitted to the Committee on Legislation. ADOPTED NO 58 SIDEWALK CAFE LICENSE - 601 MAIN STREET (ITEM NO. 21, C.C.P., FEB. 3, 2009) That pursuant to Chapter 194 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services be, and he hereby is authorized to issue a "Mere License" to Steven Grossman (SRAC Casual Dining LLC), applicant, located at 601 Main Street, to install a similar 10' x 28' sidewalk caf6, which would encroach city right-of-way at said address, subject to the conditions as, requested by the Commissioner. PASSED AYES - 9 NOES - 0 NO 59 R. FONTANA-H. RODENBERG-ALTEMATE PARKING CHANGE LOVERING AVE (DEL) (#30,2/3) That the above item be the same and hereby is Received and Filed. ADOPTED NO 60 R. RUSCH, PETITION TO USE 818 ELMWOOD A/K/A 816 ELMWOOD FOR A GROUND SIGN (ITEM NO. 37, C.C.P., FEB. 3, 2009) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Golombek moved: That the petition of R. Rusch, agent, for permission to use 818 Elmwood a/k/a 816 Elmwood for a 2' by 5', .5' above grade, illuminated sign be, and hereby is approved. PASSED AYES - 9 NOES - 0 NO 61 VULCAN SUPPORTIVE APARTMENTS, PETITION TO USE 311 VULCAN FOR A HUMAN SERVICE FACILITY (ITEM NO. 39, C.C.P., FEB. 3, 2009) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Golombek moved that the above item be recommitted to the Committee on Legislation ADOPTED NO 62 HOPE HOUSE OF BUFFALO - 335 GRIDER TO ENLARGE A HUMAN SERVICE FACILITY (ITEM NO. 32, C.C.P., JAN. 20, 2009) (ITEM NO. 60, C.C.P., FEB. 3, 2009) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Golombek moved: That above communication amending the application filed by Robert A. Dollman, AIA of TRM Architecture, Design & Planning, PC on January 7, 2009 for permission to enlarge the number of Halfway House occupants from 9 to 19 persons at Hope House of Buffalo a Human Service Facility at 335 Grider be, and hereby is approved as amended. W/Conditions That the applicant provide on-site security in the form of a human being 24 hours a day, seven days a week. That the applicant provide video surveillance of all entrances and exits to the premises; 24 hours a day, seven days a week. PASSED AYES - 9 NOES - 0 NO 63 FOOD STORE LICENSE- 581 NIAGARA (ITEM NO. 32, C.C.P., SEPT. 30, 2008) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Golombek moved: 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 Abdul Aljamali located at 581 Niagara (Niagara Express Mart). PASSED AYES - 9 NOES - 0 PARKS OVERSIGHT (DEMONE A. SMITH, CHAIRPERSON) NO 64 D. SMITH-REQUEST ESTABLISHING & CHAIRING PARKS ADVISORY COMMITTEE (#68, 2/3)(#62, 9/30)(#64, 10/28) Mr. Smith moved that the above item be recommitted to the Special Committee on Parks Oversight ADOPTED RESOLUTIONS NO 65 BY: BRIAN C. DAVIS PERMISSION TO HANG A BANNERS ON CHIPPEWA STREET Whereas: Empire Merchants North would like to advertise the Mardi Gras celebrations; and Whereas: In order to promote the event, Empire Merchants North is requesting permission to hang three banners on Chippewa Street between Delaware Avenue and Pearl Street; and Now Therefore Be it Resolved: That the Common Council of the City of Buffalo grant permission to Erie Community College to hang a banners to advertise their event; and Be It Further Resolved: That said banners would hang from February 13, 2009 through February 25, 2009. Be It Finally Resolved: That the banners meet the legal specifications set forth by the Department of Public Works and that no existing laws are violated. ADOPTED NO 66 BY: MR. FRANCZYK WATERFRONT PROJECT ADVISORY PANEL WHEREAS: The city is or will entertain various development proposals for the waterfront, including the parcel known as 1 La Riviere Drive; and, WHEREAS: The Common Council is expected to vote on an anticipated Land Disposition Agreement approved by BURA for a Wingate Hotel project proposed by Specialty Restaurants; and, WHEREAS: Much substantive debate has been ongoing regarding the highest and best use or development for this key waterfront parcel, and it behooves the Common Council to solicit the best advise before it votes on the issue; and, WHEREAS: It would also be helpful for the Common Council to request substantive input generally for the future of the waterfront and overall development there; THEREFORE BE IT RESOLVED: That the Council President appoints the following citizens to a Waterfront Project Advisory Panel for the purpose of advising the Common Council on waterfront development, including the proposal for 1 La Riviere Drive: Sherri DelleBovi, 304 Portside, Buffalo, 14202 Susan Barnes, 7 Marina Park, Buffalo, 14202 Frank Lysiak, 200 Rivermist, Buffalo, 14202 Cynthia Van Ness, 464 Norwood, Buffalo, 14222 Catherine Faust, RA, NCARB, 141 Highland Avenue, Buffalo, 14222 Tim Tielman, 68 Ketehum Street, Buffalo, 14213 Anthony Armstrong, 74 Edward Street, Buffalo, 14202 Richard C. Baer, 9876 Shoreline Road, Angola, N.Y. 14006 Paul L. Herendeen, AIA, 8271 Clarence Lane North, East Amherst, N.Y. 14051 Pierre Wallinder, 3681 Woodside Drive, Eden, N.Y. 14057 RECEIVED AND FILED NO 67 SPONSOR: JOSEPH GOLOMBEK, JR. HOME RULE MESSAGE REQUESTING THE NEW YORK STATE LEGISLATURE TO PASS BILLS S1156 AND A2062 TO AMEND THE VEHICLE & TRAFFIC LAW IN RELATION TO DIRECTING THE CITY OF BUFFALO TO AJUDICATE TRAFFIC INFRACTIONS. WHEREAS, Bill S1156 has been introduced in the New York State Senate and Bill A2062 has been introduced in the New York State Assembly; and WHEREAS, If Bills S1156 and A2062 are passed, the New York State Vehicle & Traffic Law would be amended by adding a new section 229; and WHEREAS, The purpose of adding this section is to allow the City of Buffalo to adjudicate traffic infractions similar to cities having a population of less than two hundred thousand; and WHEREAS, The State of New York currently adjudicates all traffic violations in the City of Buffalo, with all hearings in Buffalo being held using a system that does not allow for the option of a plea bargain; and WHEREAS, If the City of Buffalo were to adjudicate traffic infractions, it could implement a system that allows traffic violators to have the option of a plea bargain and attending traffic school; and WHEREAS, Allowing violators to attend traffic school would likely result in them becoming safer and better drivers, while at the same time avoiding the addition of points to their license which could lead to increased insurance rates; and WHEREAS, Although City of Buffalo residents typically pay higher car insurance rates than residents of surrounding areas, the current system for adjudicating traffic violations in the City of Buffalo does not give violators the same options that are offered in surrounding areas for avoiding the addition of points to their licenses; and WHEREAS, If the New York State Legislature is to pass these Bills, a Home Rule Message must be adopted by the City of Buffalo and the appropriate Home Rule Request forms completed by the City of Buffalo and forwarded to the appropriate New York State Legislature Home Rule Counsels; and NOW THEREORE BE IT RESOLVED: That the City of Buffalo Common Council hereby requests the New York State Legislature to approve Senate bill S1156 and Assembly bill A2062 so as to authorize the City of Buffalo to adjudicate traffic infractions similar to cities having a population of less than two hundred thousand. BE IT IS FURTHER RESOLVED: That the City Clerk is hereby directed to forward ten (10) copies of this resolution and ten (10) completed copies of the Home Rule Request to the New York State Legislature as follow: Four (4) copies of this Resolution and four (4) completed copies of the Home Rule Request, to the New York Senate Home Rule Counsel, at Senate Post Office, 208 Legislative Office Building, Albany, NY 12247; four (4) copies of this Resolution and four (4) completed copies of the Home Rule Request to the New York Assembly Home Rule Counsel, at Assembly Post Office, 210 Legislative Office Building, Albany, NY 12248; one (1) copy of this Resolution and one (1) completed copy of the Home Rule Request to the Office of New York State Senator Antoine M. Thompson, Walter J. Mahoney State Office Building, 65 Court Street, Room 213, Buffalo, NY 14202; and one (1) copy of this Resolution and one (1) completed copy of the Home Rule Request to the Office of New York State Assembly Member Crystal D. Peoples, 792 E. Delevan Avenue, Buffalo, NY 14215. ADOPTED NO. 68 SPONSORS: JOSEPH GOLOMBEK, JR.; MICHAEL J. LOCURTO HOME RULE MESSAGE REQUESTING THE NEW YORK STATE LEGISLATURE TO PASS BILL S1240 TO AMEND THE VEHICLE & TRAFFIC LAW, GENERAL MUNCIPAL LAW AND THE PUBLIC OFFICERS LAW IN RELATION TO THE CIVIL LIABILITY OF VEHICLE OWNERS FOR TRAFFIC SIGNAL VIOLATIONS IN THE CITY OF BUFFALO. WHEREAS, Bill S1240 has been introduced in the New York State Senate; and WHEREAS, If passed, Bill S1240, among other things, would amend the Vehicle & Traffic Law, General Municipal Law and the Public Officers Law in relation to the civil liability of vehicle owners for traffic signal violations in the City of Buffalo by authorizing the City of Buffalo to implement a program imposing monetary liability on vehicle owners for failure of an operator thereof to comply with traffic-control indications, empower the City of Buffalo to install and operate traffic-control signal photo-monitoring devices at intersections and highway-railroad crossings, and direct that any monetary penalties received due to the installation and operation of such photo-monitoring devices shall be deposited to the credit of and received by the City of Buffalo, after the payment of any administrative costs; and WHEREAS, Each year in New York State, hundreds of people are killed and tens of thousands are injured by motor vehicle accidents at intersections which are controlled by traffic lights. Drivers, passengers and pedestrians are victims of the increasing practice of motorists running red lights; and WHEREAS, In New York City, a demonstration in which traffic signals were equipped with cameras triggered by a road bed sensor when violations occur lead to a decrease in the incidence of running red lights; and WHEREAS, Bill S1240 would enable the City of Buffalo to implement the same technology demonstrated in New York City and would ultimately prevent further needless deaths; and WHEREAS, If the New York State Legislature is to consider this Bill, a Home Rule Message must be adopted by the City of Buffalo and the appropriate Home Rule Request forms completed by the City of Buffalo and forwarded to the appropriate New York State Legislature Home Rule Counsel; and NOW THERFORE BE IT RESOLVED: That the City of Buffalo Common Council hereby requests the New York State Legislature to approve Senate Bill S1240 so as to amend the Vehicle & Traffic Law, General Municipal Law and the Public Officers Law in relation to the civil liability of vehicle owners for traffic signal violations in the City of Buffalo. BE IT IS FURTHER RESOLVED: That the City Clerk is hereby directed to forward five (5) copies of this resolution and five (5) completed copies of the Home Rule Request to the New York State Legislature as follows: four (4) copies of this Resolution and four (4) completed copies of the Home Rule Request, to the Senate Home Rule Counsel, at Senate Post Office, 208 Legislative Office Building, Albany, N Y 12247; and one (1) copy of this Resolution and one (1) completed copy of the Home Rule Request to the Office of New York State Senator Antoine M. Thompson, Walter J. Mahoney State Office Building, 65 Court Street, Room 213, Buffalo, NY 14202. REFERRED TO THE COMMITTEE ON LEGISLATION. NO. 69 BY: MR. KEARNS INCREASED APPROPRIATION FUND BALANCE PRIOR YEAR'S CLAIMS That, Pursuant to §20-11 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the appropriation in the budget for the current fiscal year for Appropriation Allotments - Law Dept - Judgment and Claims - Prior Year, be and the same are hereby increased in the sum of $2,000,000. FROM: That the comptroller be and hereby is authorized and directed to transfer the sum of $2,000,000 from the Unreserved Fund Balance 100000000-253000 to meet this increased appropriation as set forth below: 10000000-253000 General Fund-Unreserved Fund Balance $2,000,000 17221008-480205 - Law Department - Judgment and Claims - Prior Year $2,000,000 PASSED AYES - 9 NOES - 0 NO. 70 BY: MR. SMITH DAY CARE TAX PENALTY The Department of Social Services reports income of Daycare providers in non-employee compensation on the 1099 income tax form, Box 7 on the attached form; and Listing income under non-employee compensation (Box 7), generates a 15.3% self employment tax that was designed for businesses, not casual babysitters; and A 15.3% tax on casual babysitters penalizes family members who are trying to help a relative or associate enter into the workforce and makes eligible people less cooperative or willing to work as babysitters; and Some people are unaware of the 15.3% self employment tax until the end of the year filings when advised by their tax preparers of this additional tax; Now Therefore Be It Resolved: That the Erie County Department of Social Services report daycare income as other income in (Box 3) for regular tax purposes, instead of non-employee compensation (Box 7); and Be It Further Resolved: That a copy of this resolution be drafted by the Erie County Legislature to resolve this issue; and Be It Final Resolved: That a copy of this resolution and a request for response is sent to the Erie County Department of Social Service Commissioner and all appropriate departments pertaining to this issue. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 71 BY MR. SMITH FELICITATIONS/IN MEMORIAM Attached hereto are Felicitation and In Memoriam Resolutions sponsored by Members of the Common Council as indicated: Felicitation for State University of New York at Buffalo ("UB") Bulls By Councilmember Russell, Davis, Fontana, Franczyk, Golombek, Jr. LoCurto, Rivera, Smith, & Kearns ADOPTED NO. 72 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 David M. Lillis Carmen E. Bryant Joseph A. LoTempio Diane M. Kelley Lisa Maraschiello Angela Hoffarth Nicholas J. Kasprzyk David Clabeau Shari L. Cook TOTAL 9 ADOPTED NO. 73 ANNOUNCEMENT OF COMMITTEE MEETINGS The following meetings are scheduled. All meetings are held in the Common Council th Chambers, 13floor City Hall, Buffalo, New York, unless otherwise noted. Regular Committees Committee on Civil Service Tuesday, February 24, 2009 at 9:45 o'clock A.M Committee on Finance following Civil Service Tuesday, February 24, 2009 at 10:00 o'clock A.M Committee on Comm. Dev. Tuesday, February 24, 2009 at 1:00 o'clock P.M Committee on Legislation Tuesday, February 24, 2009 at 2:00 o'clock P.M. Special Committees Committee on Transportation Wednesday, February 18, 2009 at 11:00 o'clock A.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 from the respective Chairmen, we can only make notification of what we are made aware. NO. 74 ADJOURNMENT On a motion by Mr. Fontana, Seconded by Mr. Smith the Council adjourned at 2:39 PM GERALD CHWALINSKI CITY CLERK SPECIAL SESSION FEBRUARY 5, 2009 NO 1 CALL FOR SPECIAL SESSION 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 February 4, 2009 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 February 5, 2009 at 2:00 P.M. for the following purposes: To receive and take appropriate action on : All Items Relating To Block Grants Yours very truly, David A. Franczyk President of the Council Hon. Davis A. Franczyk President Common Council 1315 City Hall Buffalo, New York Dear Sir: WE, the undersigned, members of the Common Council, hereby request that you call a Special Meeting of the Common Council, pursuant to Section 3.9 of the Charter of the City of Buffalo, for the following purpose: To receive and take appropriate action on All Items Relating To 1.) Block Grants We request that this Special Meeting be held on February 5, 2009 at 2:00 P.M. Michael J. LoCurto David A. Rivera Richard A. Fontana David A. Fronczyk Michael P. Kearns Pursuant to Rule 2 of the Rules of Order of the Common Council of the City of Buffalo, each of the following members of the Common Council, to wit: Brian Davis Richard Fontana Joseph Golombek Michael Kearns Michael LoCurto David A. Rivera Bonnie E. Russell Demone Smith Hereby states that he/she received twenty-four (24) hours’ notice of the time and purpose of the Special Meeting of the Common Council duly called to be held on February 5, 2009 at 2:00 PM Michael J. LoCurto Bonnie E. Russell Michael P. Kearns Councilmember Davis Office Notified David Rivera Richard Fontana Joseph Golombek David Fronczyk STATE OF NEW YORK COUNTY OF ERIE) ss: CITY OF BUFFALO) th On this 4 day of February 2009, before me, the subscribers, personally appeared. To me known to be the same persons described in and who executed the foregoing instrument, and they duly and severally acknowledged to me that they executed the same. Gerald A. Chwalinski Commissioner of Deeds, in and for The City of Buffalo, N.Y. My Commission expires 12/31/10 February 4, 2009 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 February 4, 2009, 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 February 5, 2009 at 2:00 P.M. for the following purpose: To receive and take appropriate action on all items relating to All Items Relating To 1.) Block Grants Yours very truly, Gerald A. Chwalinski City Clerk RECEIVED AND FILED NO 2 RECESS On a motion by Mr. Fontana, the Council recessed until 9:45 AM Seconded by Mr. LoCurto ADOPTED. NO 3 RECONVENE At 9:45 A.M., the Common Council reconvened with the following members present: Fontana, Franczyk, Kearns, LoCurto, Rivera, Russell CARRIED NO 4 COMMUNITY BLOCK GRANT SUBJECT: 2009-2010 Annual Action Plan (Year 35 Community Development Block Grant) Attached for Your Honorable Body's consideration, please find the City of Buffalo's 2009-2010 Annual Action Plan in accordance with the allocation of funds set forth by the U.S. Dept. of Housing & Urban Development: Community Development Block Grant $15,877,280 HOME Investment Partnership Grant 4,575,151 American Dream Downpayment Initiative 24,538 Emergency Shelter Grant 711,365 Housing Opportunities for Persons with AIDS 507,000 This budget reflects my administration's commitment to neighborhood revitalization and stabilization by increasing the allocations for both housing rehabilitation and demolition. As part of this plan, demolition funding was increased from $300,000 to $500,000 and the $3.3 million allocation for housing rehabilitation represents a $1 million increase. In addition, critical human service funding was maintained with increases to several agencies throughout every part of the City of Buffalo. In some instances, higher allocations were necessary to accommodate an expected heightened demand due to the closing of a long-standing neighboring agency. In compliance with HUD directives, funding has been allocated to reflect our commitment to the HUD-approved Neighborhood Revitalization Strategy Area (NRSA) for the City of Buffalo. HUD designates these areas in order for a community to focus CDBG funds in a concentrated manner and provides special incentives to communities who participate in this program. The funds are integral to our investment in neighborhoods and housing. Accordingly, this budget includes additional funding for acquisition, rehabilitation, and resale of homes in the NRSA, public improvements, employment training, and a concentration or economic development funds to help businesses thrive in these neighborhoods. Based on community input, a Weatherization Program has been added to provide insulation and weather stripping improvements as well as energy efficient improvements including new windows and doors for eligible homeowners. This program will tie into our new Employment Training Program whereby candidates who have successfully completed contractor training in home improvements may be referred for work in the Weatherization Program. Pursuant to HUD's citizen participation requirements, the City's 2009-2010 Annual Action Plan has been developed in consultation with Erie County and NYS representatives as well as public and private agencies that provide assisted housing, health services, fair housing, and social services. The Annual Action Plan is also designed to carry out the objectives in the City's approved 2008-2012 Consolidated Plan. DEPARTMENT HEAD NAME Byron W. Brown COPY AVAILABLE IN THE CITY CLERKS OFFICE FOR REVIEW REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO 5 ADJOURNMENT On a motion by Councilmember Mr. Fontana, Seconded by Mr. LoCurto, the Council adjourned at 9:48 A.M. GERALD A. SHWALINSKI CITY CLERK