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Home My WebLink About12-0724NO. 15 PROCEEDINGS OF THE CITY OF BUFFALO JULY 2412012 MAYOR Hon. Byron W. Brown COMPTROLLER Mark J. F. Schroeder COMMON COUNCIL PRESIDENT OF THE COUNCIL LOVEJOY DISTRICT RICHARD A. FONTANA PRESIDENT PRO TEMPORE UNIVERSITY DISTRICT BONNIE E. RUSSELL MAJORITY LEADER MASTEN DISTRICT DEMONE A. SMITH DISTRICT COUNCIL MEMBERS DAVID A FRANCZYK - FILLMORE JOSEPH GOLOMBEK JR. — NORTH CHRISTOPHER P. SCANLON -SOUTH MICHAEL J. LO CURTO — DELAWARE DARIUS PRIDGEN - ELLICOTT DAVID A. RIVERA- NIAGARA REGULAR COMMITTEES CIVIL SERVICE COMMITTEE: Bonnie E. Russell Chairman, David A. Franczyk, Christopher P. Scanlon, Demone A. Smith- Members CLAIMS COMMITTEE: David A. Rivera Chairman, Joseph Golombek, Jr., Michael J. LoCurto, Bonnie E. Russell - Members COMMUNITY DEVELOPMENT COMMITTEE: Joseph Golombek, Jr., Michael J. LoCurto, Darius G. Pridgen, David A. Rivera, Bonnie E. Russell - Members FINANCE COMMITTEE: Christopher P. Scanlon, Chairman, Michael J. LoCurto, Darius G. Pridgen, Bonnie E. Russell, Demone A. Smith - Members. LEGISLATION COMMITTEE: Darius G. Pridgen, Chairman, David A. Franczyk, Joseph Golombek, Jr., David A. Rivera, Demone A. Smith, - Members. RULES COMMITTEE: Richard A. Fontana, Chairman, Bonnie E. Russell, Demone A. Smith - Members SPECIAL COMMITTEES BUDGET COMMITTEE: Demone A. Smith, Chairman, Joseph Golombek, Jr., Christopher P. Scanlon, Darius G. Pridgen, David A. Rivera - Members EDUCATION COMMITTEE: Demone Smith, Chairman, Joseph Golombek, Jr., Christopher P. Scanlon, Darius Pridgen - Members MINORITY BUSINESS ENTERPRISE COMMITTEE: Demone Smith Chairman, Joseph Golombek Jr., David A. Rivera, Bonnie E. Russell — Members POLICE OVERSIGHT: Joseph Golombek, Jr., Chairman, David A Franczyk, David A. Rivera, Bonnie E. Russell — Members PUBLIC TRANSPORTATION: Chairman, Christopher P. Scanlon, Michael J. LoCurto, David A. Rivera, Bonnie E. Russell- Members WATERFRONT DEVELOPMENT COMMITTEE: Chairman, Christopher P. Scanlon, David A. Franczyk, Joseph Golombek, Jr., Demone A. Smith- Members INVOCATION PLEDGE TO FLAG DATE JULY 24, 2012 FINAL MAYOR 1. Appoint Special Assistant to Mayor I (Prov)(Exempt)(Meegan) R &F MAYOR - EXECUTIVE 2. Strat Plan- Adjustments to BOA Contract of Urban Strategies, Inc. APP 3. Strat Plan -BURA Subrecipient Agreement APP 4. Strat Plan- Quality Comm Program Healthy Infrastructure for Queen City Livability Project APP 5. Strat Plan- Report of Sale -1659 Amherst St(Mas) APP 6. Strat Plan- Report of Sale -492 & 494 Busti(Ell) CD COMPTROLLER 7. Interfund Cash Loan -Bflo River Greenway Phase I APP 8. Refunding Bond Resolution -2002 School Bonds APP 9- 8A Appoint Principal Auditor(Perm)(Max)(Bidell) CS PUBLIC WORKS 10- 9. Change in Contract -J.B. Wiley Sports Complex Renovations($ 55,072.00)(Ell)_APP 11- 10. Change in Contract -J.B. Wiley Sports Complex Renovations ($329,580.00)(Ell)_APP 12- 11. Extend Contract for Citywide Tree Mngt and Planting APP 13- 12. Permission to Hire Consultant -Eng Svs- Lovejoy St Infrastructure(Lov) APP 14- 13. Report of Emergency Bid - Gloria J Parks CC APP 15- 14. Report of Bids -600 Block of Main St(Ell) APP 16- 15. Report of Bids -City Wide Mill & Overlay APP 17- 16. Report of Bids - Humboldt Parkway Infrastructure(Mas) APP 18- 17. Report of Bids -MLK Park- Picnic Shelters & Grills(Mas) APP 19- 18. Request to Purchase Equipment(Dump Bodies & Tire Changer) APP 20- 19. Request to Purchase Equipment(Plow, Flail Mower, Dump Trailer) APP 21- 20. Request to Purchase Equipment /Vehicles(Freightliners) APP 22- 21. Request to Purchase Vehicles(John Deere Loader, Dump Body) APP 23- 22. Shea's O'Connell Pres Guild -COB Sign Off Grant($400,000.00) APP CORPORATION COUNSEL 24- 23. Declaration of Covenants and Restrictions - Trinidad Park Restoration Program 25- 24. Environmental Easement - Franczyk Park Env Restoration Program APP 26- 25. Environmental Easement -1318 Niagara St Env Restoration Program APP 27- 26. Environmental Easement -Ship Canal Commons Env Restoration Program APP 28- 27. Waterfront School Property -95 Fourth St Env Remediation APP 29- 27A Request Authorization to Enter Agmt -Mngt, Maint, Operations & Imp Mulroy Pk CD PERMITS AND INSPECTIONS 30- 28. Food Store(New) -998 Broadway(Fill) APP 31- 29. Food Store(New) -2462 Delaware AKA 2458 Delaware(North) APP 32- 30. Food Store- (New)161 Elmwood(Fill) APP 33- 31. Food Store(New) -776 Elmwood AKA 782 Elmwood(Del) LEG 34- 32. Food Store(New) -2275 Genesee(Lov) APP 35- 32A Food Store License(New) -3 Lakeview(Ell) LEG 36- 33. Food Store(New) -1095 Lovejoy(Lov) APP 37- 34. Food Store License(New) -271 Ludington(Lov) LEG 38- 34A Food Store License(New) -896 Niagara(Nia) APP 39- 34B Food Store License(New) -1350 Fillmore(Ell) APP W /COND 40- 35. Food Store(New) -1981 Niagara(North) APP 41- 36. Food Store License(New) -1902 Niagara(North) LEG 42- 37. Food Store(New) -472 Ontario(North) APP 43- 38. Food Store(New) -2406 S. Park(South) APP 44- 39. Food Store(New) -738 Tonawanda AKA 740 Tonawanda(North) APP 45- 40. Restaurant Dance License Renewal -220 Terrace(Fill) APP 46- 41. Used Car Dealer -77 Sycamore(Ell) LEG ADMINISTRATION & FINANCE 47- 41A. Approval to Transfer Vehicles(Various) APP 48- 41B Approval to Update/Replace Vehicle in Police Fleet APP COMMUNITY SERVICES 49- 42. Agmt With Say Yes to Education, Inc for Purchase and Implementation of Software Program APP CITY CLERK 50- 43. Liquor License Applications R &F 51- 44. Leaves of Absence R &F 52- 45. Reports of Attendance R &F 53- 46. Appoint Legislative Aide(Mas)(Exempt)(Garland, III) ADOPT 54- 47. Notices of Appointments - Council Interns ADOPT 55- 47A Notices of Appointments - Council Interns ADOPT 56- 48. Notices of Appointment - Seasonal R &F 57- 48A Notices of Appointments - Seasonal R &F 58- 49. Notices of Appointments- Temp/Prov/Perm CS 59- 49A Notices of Appointments- Temp/Prov/Perm CS MISCELLANEOUS 60- 50. R. Ball- Increasing Number of Poles on Clinton St R &F, PW 61- 51. Buffalo Water Bd- Monthly Water Report -June 2012 R &F 62- 52. LP Ciminelli -Board Packet Documents -July 2012 ED 63- 53. G. Gifford - Letter to Federal Transit Administration Re Cars Sharing Main St_CD 64- 54. M. LoCurto- Correspondence Requesting NYSDOT to Downgrade Scajaquada Pkwy R &F 65- 55. R. Orozco - Signed Affidavit Re Conditions at 602 and 620 Babcock St LEG 66- 56. D. Pridgen- KCA -Req Deny Zoning Change 321 Pennsylvania(Ell) R &F,ZONING 67- 57. D. Pridgen -LHI Seeks to be a Resource to Provide Knowledge, Experience and Networking to Accomplish Excellent Outcomes CD 68- 58. K. Privateer -W. Keresztez- Support PILOT 311 to Accept Bflo School Complaints ED 69- 58A D. Rivera- BURA's Down Payment Closing Cost Assistance Program CD 70- 59. D. Smith- District Parent Coord Council- Maximizing Parent Engagement ED 71- 60. J. Washington- Protection of the Public Against Unmanned Aerial Vehicles(Drone) LEG PETITIONS 72- 61. A. Terragnoli, Agent, Use 765 Elmwood, Change of Use Portion of Bldg to a Sit in Restaurant(hrg 7 /31)(Del) LEG,CPBD 73- 62. A. Terragnoli, Agent, Use 630 Ohio - Exterior and Interior Alterations for a Showroom(hrg 7 /31)(South) LEG,CPBD 74- 63. M. Willig, Agent, Use 1515 Kensington to Erect a LED Ground Sign (hrg 7 /31)(Univ) LEG,CPBD,ZONING 75- 64. J. Grillo, Agent, Use 351 Grider to Place a Non - Illuminated Sign(no hrg)(Mas) LEG,CPBD,ZONING 76- 65. M. Pacifico, Use 2132 South Park for an LED Reader Board 77- (no hrg)(South) 65A L. Hall & O- Concerns Traffic Signal at Delaware and W. Utica RESOLUTIONS 117- 66. Fontana 118- 67. Fontana Appointment to Citizens Planning Council(Darby, Robinson Jr, Vertino, Wingo) Recycling Refrigerator Regulation Goldman, LEG,CPBD,ZONING R &F, PW APP ADOPT RES REM TO LEG 119- 68. Scanlon, etc Use of Private Motorized Golf Carts at Caz & S. Park Golf Courses ADOPT RES' S REM TO LEG 120- 68AA.Franczyk Fee Waiver for Community Music School Open House APP 121- 68AB. Franczyk Fee Waiver for Ferry /Grider Community Day APP 122- 68AC. Franczyk Fee Waiver for Fleet Week 2012 APP 123- 68AD. Franczyk Fee Waiver for Great Lakes Experience Festival APP 124- 68A Golombek Waiver War of 1812 Bonfire Event Fees APP 125- 69. LoCurto Appoint Marriage Officer(Kearns) ADOPT 126- 70. LoCurto Municipal Support for Albright Knox Gallery Grant Application ADOPT 127- 71. LoCurto Scajaquada Expressway Downgrade ADOPT 128- 72. LoCurto Waive Fees Walk to Defeat ALS in Delaware Park APP 73 THROUGH 77A APP SUBJECT TO PW APP 129- 73. Pridgen Permission to Hang Banners for Evangelistic Meeting APP 130- 74. Pridgen Permission to Hang Banners for Hispanic Heritage Month APP 131- 75. Pridgen Permission to Hang Flags Along for Puerto Rican and Hispanic Day Parade APP 132- 76. Rivera Bird Ave Block Club Purchase and Install Banners APP 133- 77. Rivera, etc Creation and Appt of Bflo & EC Food Policy Steering Committee 134- 77A.Rivera, etc Designating the "Hispanic Heritage District" ADOPT 135- 77B Rivera Waiver of Fees for "Eid at the Park APP 136- 78. Rivera, etc Pre - Clearance Program of Freight on the Peace Bridge ADOPT 137- 79. Rivera Waiver of Fees for "Impacto de Dios 2012(Impact of God)" APP 138- 80. Russell Support UDCDA Application for Urban Initiatives Program Grant 139- 81. Scanlon Refunding Bond Resolution -2002 School Bonds APP 140- 81A Scanlon Ord Amendment- Section 309 -17- Animals and Vehicles Restricted to Certain Areas APP 141- 81B Smith Approve Neighborhood Revitalization Project of Vive, Inc ADOPT 142- 81C Smith, etc Supporting Parkside Comm Assoc Application for NYS Main St Grant Funding ADOPT 143- 81D Smith Waive Park Rental Fees APP 144- 81E Smith National Night Out August 7, 2012 APP 145- 82. Smith Comm of Deeds Public Duties ADOPT 146- 83. Smith Comm of Deeds ADOPT TABLE ITEMS - - - - - -- Waterfront Neighborhood Community Development Agreement(ccp #3, 8/4/2010) SUBMISSION LIST OF COMMITTEE ITEMS FOR THE COUNCIL MEETINGS CIVIL SERVICE 78- 1. Com 23 July 10 Appoint Associate Engineer(Perm)(Max)(Bidell)(PW) APP 79- 2. No 40 July 10 Notices of Appointments- Temp /Prow /Perm(Cty Clk) R &F FTN AN('F 80- 3. No 44 July 10 M. Polocarz -2012 Annual Report Real Property Tax Service R &F COMMUNITY DEVELOPMENT 13. No 50 81- 4. Com 5 July 10 LDA St John Townhouses -50 Vacant Lots(Ell) 14. Com 27 July 10 Restaurant Dance Class III(New) -20 Allen(Fill)(EDPI) APP (Only 276 Mulberry)(Strat Plan) APP W /COND 82- 5. Com 8 July 10 Report of Sale -213 Newburgh(Lov)(Strat Plan) APP 83- 6. Res 87 July 10 Trailblazing Sign for Pastor Brent McCalister(Pridgen) APP 84- 7. No 58 July 10 St. John Townhomes II Pilot(Strat Plan)(ccp 412,6/26) APP 85- 8. Com 11 June 26 Rescind Sale & Forfeit Deposit 64 Hayes(Lov)(Strat Plan) RECOMMIT 86- 9. No 34 June 12 J. Golombek -C. Banas -Wish to Speak on Bflo Green Code Project R &F 87- 10. Res 81 June 28 Remediate Dirty Water At Rail Lines(exc 1St 2nd & 3r res) R &F 88- 11. No 39 May 31 L. Kelly- Concerns Re: Rail Corridor Along Republic Steel R &F LEGISLATION 89- 12. No 49 July 10 J. Little, Owner, Use 20 Allen To Re- Establish Rear Patio to a Bar /Restaurant(Fill)(Hrg 7/17) APP W /COND 90- 13. No 50 July 10 M. Brinkworth, Owner, Use 223 Allen for an Outdoor Caf6(Fill)Hrg 717)APP 91- 14. Com 27 July 10 Restaurant Dance Class III(New) -20 Allen(Fill)(EDPI) APP 92- 15. Com 28 July 10 Restaurant Dance License Renwal -946 Main(Fill)(EDPI) APP 93- 16. Com 30 July 10 Second Hand Dealer -1109 Elmwood(Del)(EDPI) APP 94- 17. No 63 July 10 Food Store(New)1517 Broadway(Fill)(EDPI)( 430,6/26) APP W /COND 95- 18. No 67 July 10 Scrap Processor 409 Hertel(North)(EDPI)( 439.6 /26) RECOMMIT 96- 19. No 68 July 10 Wholesale Junk Dealer 409 Hertel (North)(EDPI)( 440, 6/26) RECOMMIT 97- 20. Com 29 May 15 Applications for Restricted Use Permits -75 W. Chippewa(Ell)(EDPI) R &F EDUCATION 98- 21. No 31 June 12 LP Ciminelli Board Packet Documents -June 2012 R &F 99- 22. No 45 May 15 LP Ciminelli -Board Packet Documents May 2012 R &F 100- 23. No 38 Apr 17 LP Ciminelli -Board Packet Documents April 2012 R &F 101- 24. No 50 Apr 3 D. Pridgen -D. Adamczyk- Students Absenteeism R &F 102- 25. No 51 Apr 3 R. Sharrer- Graduation Rate College Basketball Players R &F 103- 26. No 53 Mar 20 M. Kearns -S. Connare- Concerns Middle Early College HS R &F 104- 27. No 54 Mar 20 M. LoCurto- Article- Confessions of a Bad Teacher R &F 105- 28. No 48 Mar 20 LP Ciminelli -Board Packet Documents -March 2012 R &F 106- 29. No 38 Mar 6 D. Smith -UB Interdisciplinary Science and Engineering Partnership R &F 107- 30. Res 93 Mar 6 Appeal to BTF Reconsider Removing Student Excessive Attendance Clause From Teacher Evaluation Plan(Exc Res's) R &F 108- 31. No 41 Feb 7 D. Smith - Finland's School Success R &F 109- 32. Res 68 Jan 10 Survey South Buffalo Public School Parents R &F 110- 33. No 35 Nov 29 D. Rivera -Blog "The Unauthorized Guide to Getting Your Child Into The Buffalo Public Schools R &F 111- 34. No 51 July 26 C. Paladino- Complaints Against BPS Administration and Others R &F 112- 35. No 45 July 12 M. Kearns -D. Williams -NYS Elimination of Funding for After School Programs R &F 113- 36. No 52 July 12 D. Smith -DPCC Req BOE Formally Negotiate MOU with BFT_RECOMMIT 114- 37. No 44 June 28 DPCC Agenda 6/22/2011 R &F 115- 38. No 40 June 14 M. Kearns - Buffalo School Board Busing Issues R &F 116- 39. No 43 May 31 C. Rodriguez -Report Raising Achievement of Eng Language Learners in Bflo Sch R &F CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO TUESDAY, JULY 24, 2012 AT 2:00 P.M. Present — Richard A. Fontana, President of the Council, and Councilmembers: Franczyk, Golombek Jr., LoCurto, Pridgen, Rivera, Russell, Scanlon, Smith— 9 Absent — None -0 On a motion by Mr. Smith, Seconded by Mrs. Russell, the minutes of the stated meeting held on July 10, 2012 were approved. FROM THE MAYOR NO. 1 APPOINT SPECIAL ASSISTANT TO MAYOR 1 (PROV)(EXEMPT)(MEEGAN) Certificate of Appointment Appointment effective July 16, 2012 in the Department of Mayor Division of Executive to the Position of Special Assistant to Mayor 1 Provisional Exempt Flat Starting Salary of $50,000. Martha Meegan, 35 Montrose Avenue, Buffalo 14214 RECEIVED AND FILED FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE OFFICE OF STRATEGIC PLANNING NO. 2 STRAT PLAN - ADJUSTMENTS OT BOA CONTRACT OF URBAN STRATEGIES, INC. Item No. '00012, CCP 08/30/11 (contract approval) Item No. 00004, CCP 04/04/12 (contract adjustment) The purpose of this communication is to request permission to adjust the contract for consultant work under three New York State Department of State (DOS) Step 2 Brownfield Opportunity Area (BOA) grants: Buffalo Harbor, Buffalo River Corridor, and Tonawanda Street Corridor. The BOA program provides funding to analyze existing conditions, identify strategic sites, and develop plans for reusing and revitalizing brownfields. The total project budget is $1,550,000. The BOA grant will cover 90 percent - $1,395,000 - of this amount. The 10 percent match is being provided through $105,000 from the Buffalo Urban Renewal Agency, and $50,000 from the Erie Canal Harbor Development Corporation. The city publicly advertised for and received proposals to provide consultant services on the BOA project. After reviewing the proposals and conducting interviews, Urban Strategies, Inc. was awarded a contract in the amount of $567,341 to serve as Nominations Director and to provide Technical Services through its subcontractors. A previous contract amendment added master planning to the Urban Strategies scope of services, and increased the contract amount to $931,132. It was unclear whether a negative declaration or a positive declaration was required, and if a positive declaration, the depth of analysis of the Generic Environmental Impact Statement (GEIS). OSP is now undertaking the required GEIS for the BOAs, as part of the review of the Buffalo Consolidated Development Framework. This additional level of review in the GEIS will expedite development review of nearly all projects that fit within the thresholds established by the GEIS. To complete this effort, additional Technical Services are required for GEIS support and traffic analysis. The revised scope will increase project costs by $77,500, resulting in a total contract amount of $1,008,632 for Urban Strategies and its subcontractors. With this change the contracted amount will still be substantially below the project budget. I respectively request that your Honorable Body authorize the necessary adjustments, modifications, or amendments to the contract of Urban Strategies, Inc.; and that your Honorable Body further authorize appropriate city personnel to take such actions and enter into such agreements and arrangements as are necessary to amend said contracts and to facilitate and implement the on -going objectives of this project. Mr. Smith moved: That the above item be, and the above communication from the Office of Strategic Planning, dated July 19, 2012, be received and filed; and That the Common Council hereby authorizes the Executive Director of the Office of Strategic Planning to adjust, modify or amend the contract from Urban Strategies, Inc. for consultant work under three New York State Department of State (DOS) Step 2 Brownfield Corridor; and that appropriate City Personnel take such actions and enter into such agreements and arrangements as are necessary to amend said contracts and to facilitate and implement the on -going objectives of this project. AYES 9 NOES 0 NO. 3 STRAT PLAN -BURR SUBRECEIPIENT AGREEMENT Pursuant to direction recently received by the U.S. Department of Housing and Urban Development (HUD), please find attached a proposed subrecipient agreement between the City of Buffalo and the Buffalo Urban Renewal Agency (BURA). For over thirty years BURA has acted as the City of Buffalo's administrator of HUD grants funds for programs such as the Community Development Block Grant (CDBG), HOME, Housing for Persons with HIV /AIDS ( HOPWA), and the Emergency Solutions Grant (EGG). Previously the City of Buffalo simply designated BURA as the administrator of the federal funds. HUD is now requiring that the city of Buffalo drawdown federal funds directly and that BURA conduct the programs pursuant to a subrecipient agreement. These requests are not being made solely of the City of Buffalo. The requests are part of a nationwide change in policy for HUD. The attached subrecipient agreement only covers the CDBG and HOME programs. The City of Buffalo is awaiting further direction from HUD regarding the ESG and HOPWA programs. The subrecipient agreement allows BURA and its program staff to continue to advance the housing, streetscape, building renovation, parks, public service, and economic development programs and projects previously approved by this Honorable Body as part of the Annual Action Plan process. The subrecipient agreement also allows BURA program staff to continue to develop next year's Annual Action Plan, and more importantly, the City's new Consolidated Plan, which will be in effect from 2013 until 2018. The Office of Strategic Planning requests that Your Honorable Body: 1. Authorize the Mayor to execute an agreement at a maximum in form and substance as set forth in the attachment to this communication, said agreement to be negotiated to finalization and approved to form by the Law Department, but with the specific ability to reduce the scope of BURA's services as negotiated with HUD; and 2. Authorize pertinent City personnel to take such steps and actions and to execute such documents and agreements as shall be necessary to implement and facilitate the subrecipient agreement. Mr. Smith moved: That the above item be. and the above communication from the Office of Strategic Planning, dated July 24, 2012, be received and filed; and That the Common Council hereby approves on the condition that the agreement provide that all required reports shall be contemporaneously filed with and delivered to the Mayor, Common Council and Comptroller. Copy available for review in the City Clerk's Office PASSED AYES 9 NOES 0 NO.4 STRAT PLAN - QUALITY COMM PROGRAM HEALTHY INFRASTRUCTURE FOR QUEEN CITY LIVABILITY PROJECT PRIOR COUNCIL REFERENCE: 10/17/06 No. 6 The City of Buffalo completed a planning project entitled "Healthy Infrastructure for Queen City Livability ", which provides an infrastructure analysis, evaluation and improvement plan for Downtown Buffalo. The project builds upon the national American Planning Association award - winning plan, "The Queen City Hub, A Regional Action Plan for Downtown Buffalo ". One of the priority principles stated in the Queen City Hub plan is improving access by more effectively linking major pedestrian, bicycle and transit transportation generators. Improving downtown's connectivity will result in reduced congestion and parking needs, better air quality, improved economic conditions, increased active living, and an overall better quality of life. The Healthy Infrastructure Project was a collaborative effort between the City of Buffalo, Wellness Institute of Greater Buffalo & WNY, Niagara Frontier Transportation Authority /Greater Buffalo- Niagara Regional Transportation Council (NFTNGBNRTC) and the University at Buffalo Department of Geography (Dr. Jean Claude - Thill). A number of other community stakeholders participated in the planning process, including Buffalo Place, the NYS Department of Transportation, and many residents and workers of Downtown Buffalo. A grant through the New York State Department of State ( NYSDOS) Quality Communities Program for $35,572.74 funded the Healthy Infrastructure for Queen City Livability project. Due to the limited budget and extensiveness of the study, certain project partners (The Wellness Institute and NFTA /GBNRTC) were required to expend more resources than originally anticipated to produce the study. Therefore, the original grant budget was reconfigured to reallocate funding originally slated for "Material /Supplies" to "Contract Services," in order to reimburse certain project partners (The Wellness Institute and NFTNGBNRTC) for additional work provided beyond the original contracts. The NYSDOS approved these changes, which are necessary for the closeout of the Quality Communities Program grant. I respectfully request Common Council approval of modifications to the original contracts between the City of Buffalo and the Wellness- Institute of Greater Buffalo & WNY, and between the City of Buffalo and the Niagara Frontier Transportation Authority /Greater Buffalo Niagara Regional Transportation Council, in order to reimburse these organizations for services rendered and resources utilized beyond the original contracts for the Healthy Infrastructure for Queen City livability project as follows: A contract increase in the amount of $1,780 (Original Budget: $17,820; Revised Budget: $19,600) for the Wellness Institute of Greater Buffalo & WNY and $2,406 (Original Budget: $8,260; Revised Budget: $10,666) for the Niagara Frontier Transportation Authority /Greater Buffalo- Niagara Regional Transportation Center contract with the City of Buffalo. These modest contract increases will be paid by funds remaining in and now available under the NYS Quality Communities grant and will not result in the expenditure of any City of Buffalo funds. Accordingly, I am requesting that your Honorable Body authorize the Mayor to execute such contract amendments as are necessary to effectuate the above described modest increases and I am also requesting further authorization for pertinent City of Buffalo personnel to take all other steps and to enter into and execute such agreements and such related further documentation as is necessary in order to fully effectuate and implement the modest increases and related contract amendments. Mr. Smith moved: That the above item be, and the above communication from the Office of Strategic Planning, dated July 24, 2012, be received and filed; and The Mayor is authorized to execute a contract amendment with the Wellness Institute of Greater Buffalo & WNY in the increased amount of $1,780.00. The Mayor is further authorized to execute a contract amendment with the Niagara Frontier Transportation Authority /Greater Buffalo- Niagara Regional Transportation Center in the increased sum of $2,406.00. PASSED AYES 9 NOES 0 NO. 6 STRAT PLAN - REPORT OF SALE -1669 AMHERST ST(MAS) Report of Sale- Former Fairfield Library 1659 Amherst Street Lot Size: 122 x 138 Assessed Value: Land $13, 700 Improvements: $121,000 Total: $134,700 Masten District The Office of Strategic Planning, Division of Real Estate has received a request from Mr. David E. Pawlik on behalf of Creative Structures Services, Inc., 700 Parkside Avenue, Buffalo, New York 14216 to acquire 1659 Amherst Street (former Fairfield Library). They intend to acquire 1659 Amherst Street for rehabilitation into 5 market rate apartments and 1 office. Creative Structures Services, Inc. has indicated that they have acknowledgement for a $500,000.00 Grant from the Empire State Development Corporation, a mortgage commitment from Northwest Savings Bank in the amount of $485,000.00 and $300,000.00 of developer equity for this project. The former library is a one story wood frame structure with a mezzanine built in 1897 and is in fair condition. The building consists of approximately 3,706 sq. ft. located on the corner of Amherst Street and Fairfield Avenue and is zoned R2. The basement is finished but in deteriorated condition. The library was abandoned by Erie County for use of a Library in December of 2005. The request was forwarded to the Office of Strategic Planning Land Use Planning Committee, the Division of Permit and Inspection Services and the Division of Collections. There were no objections to the sale of the property and there are no taxes or other liens owed to the City of Buffalo by the purchaser. The Environmental Section of the Office of Strategic Planning was also contacted and we were informed that this action is exempt from SEQR pursuant to City Code Chapter 168 -5(B) (8). In accordance with Article 27 -5 of the City Charter, Sale by Appraisal, Creative Structures Services, Inc. commissioned the KLW Group to estimate the value of the property. Mr. Gregory C. Klauk, Appraiser, has estimated the Fair Market Value of 1659 Amherst Street to be Seventy -Seven Thousand Dollars ($77,000.00). The City of Buffalo Appraisal Review Board reviewed the appraisal report and concurs with the Appraiser's estimate of value. Mr. David E. Pawlik on behalf of Creative Structures Services, Inc. has agreed and is prepared to pay Seventy -Seven Thousand Dollars ($77,000.00) for said property. The subject property shall be sold on condition that Creative Structures Services, Inc. obtains sufficient financing to complete the renovation project; that they agree to accept the property in "as is" condition; pay for the title search and title report, survey, transfer tax and recording fees; and provide the City of Buffalo with full release and indemnify the City as to environmental and other matters regarding the property. Absent such release and indemnity, the City could remain liable after the sale closing for environmental matters at the property. I am recommending that Your Honorable Body approve the sale of the abandoned library located at 1659 Amherst Street to Creative Structures Services, Inc. or an entity to be formed in the amount of Seventy -Seven Thousand Dollars ($77,000.00) on condition: 1. That Creative Structures Services, Inc. or an entity to be formed obtains sufficient financing to complete the renovation project; 2. That Creative Structures Services, Inc. or an entity to be formed accepts title in "as is condition "; 3. That Creative Structures Services, Ina or an entity to be formed pays for all closing costs including but not limited to title search and report, survey, transfer tax, recording fees, etc.; 4. That Creative Structures Services, Inc. or an entity to be formed will provide a signed full release and indemnify the City as to environmental and other matters regarding this property. I am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. Mr. Smith moved: That the offer from Mr. David E. Pawlik, on behalf of Creative Structure Services Inc., 700 Parkside Avenue, Buffalo, New York, in the amount of Seventy -seven Thousand Dollars ($77,000.00) for the purchase of 1659 Amherst Street, be and hereby is accepted upon the following conditions: 1. That Creative Structures Services, Inc., or an entity to be formed, obtains sufficient financing to complete the renovation project; 2. That Creative Structures Services, Inc., or an entity to be formed, accepts title in "as is" condition; 3. That Creative Structures Services, Inc., or an entity to be formed, pays for all closing costs including, but not limited to, title search and report, survey, transfer tax, recoding fees, etc.; 4. That Creative Structures Services, Inc., or an entity to be formed, will provide a signed full release and indemnify the City as to environmental and other matters regarding this property; 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. MR. PRIDGEN RECUSED FROM VOTE. PASSED AYES 8 NOES 0 NO. 6 STRAT PLAN - REPORT OF SALE -492 & 494 BUSTI(ELL) Report of Sale 492 Busti, 223.50' SE Jersey Lot Size: 30'x 132' Assessed Valuation: Land $2,900.00 Improvement: $7,100.00 Total $10,000.00 494 Busti; 193.50' SE Jersey Lot Size: 30'x 132' Assessed Valuation: $2,100.00 (Ellicott District) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Kevin Bauch and Ms. Allison Ewing, 196 Oliver Street, North Tonawanda, New York 14120 to purchase 492 Busti, a two family dwelling and 494 Busti, the adjoining vacant lot. Mr. Bauch and Ms. Ewing will renovate the dwelling and use as a place of residence and will use 494 Busti for green space. They have estimated the cost of renovations to be Twenty Thousand Seven Hundred Dollars ($20,700.00) and have provided proof of financial ability to complete the purchase and repair of the property. 492 Busti consists of 2,800 square feet, two and one half story frame, two family dwelling in poor condition situated on a lot 30' x 132'. The property was acquired by the City through In Rem #42 in October 2009. There have been no other qualified /eligible offers for the property, since being acquired by the City. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchasers. Mr. Bauch commissioned Mr. Gerhard Schwaibold, real estate appraiser, of Northeastern Appraisal Associates to estimate the fair market value of 492 Busti. He has estimated the Fair Market Value to be One Thousand Four Hundred Dollars ($1,400.00), Fifty Cents ($.50), per square foot of living area. The estimated fair market value of 494 Busti, the vacant lot, is Five Hundred Dollars ($500.00), Thirteen Cents ($.13) per square foot. The City of Buffalo Appraisal Review Board reviewed the appraisal reports and concurs with the appraisers' estimate of value. Mr. Kevin Bauch and Ms. Allison Ewing have agreed and are prepared to pay a total of One Thousand Nine Hundred Dollars ($1,900.00) for both properties. They have also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 492 and 494 Busti Avenue to Mr. Kevin Bauch and Ms. Allison Ewing in the amount of One Thousand Nine Hundred Dollars ($1,900.00). 1 am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT FROM THE COMPTROLLER NO. 7 INTERFUND CASH LOAN -BFLO RIVER GREENWAY PHASE 1 Certain Federal and State aided programs require a cash advance until the program is operating and reimbursement is received. I have reviewed the program listed below and determined the cash needs to be warranted. I have approved an interfund cash loan to be made in the maximum amount of $89,100.00 as needed, subject to your approval. Loan is payable at date of reimbursement. FROM: 1000 - General Fund TO: 2488 - Special Revenue State GRANT TITLE: Buffalo River Greenway, Phase 1 GRANT AGENCY: New York State Department of State GRANT AMOUNT: $89,100.00 LOAN AMOUNT: Maximum of $89,100.00 ESTIMATED DATE OF REPAYMENT: January, 2013 SIGNATURE OF DEPARTMENT HEAD REQUESTING INTERFUND CASH LOAN Brendan Mehaffy, Executive Director of Office of Strategic Planning Janet Penska, Commissioner of Admin., Finance, Policy and Urban Affairs Mark JF Schroeder, Comptroller Mr. Smith moved: That the above item be, and the above communication from the Department of Audit and Control /Comptroller, dated July 19, 2012, be received and filed; and That the Common Council hereby approves an interfund cash loan until tile program is operating and reimbursement is received in the maximum amount of $89,100.00 to the New York State Department of State for the Buffalo River Greenway, Phase 1. PASSED AYES 9 NOES 0 NO. 8 REFUNDING BOND RESOLUTION 2002 SCHOOL BONDS I am requesting that at the July 24, 2012 meeting, the Common Council pass by 2/3 majority, the bond resolution authorizing the refunding of 2002 school bonds. The refunding of this debt will take advantage of lower interest rates and the City's improved credit rating by reducing the amount of interest costs. This is similar to a homeowner refinancing their mortgage. The refunding will: • Reduce the interest rate on this debt from 5.25% to 2.78% • Result in a Total Savings of $5.26 million in interest costs (the "Present Value" savings, which adjusts the actual savings to account for anticipated inflation, is $4.62 million) for the Board of Education • Results in an Average Annual Savings of $438,251 in the years 2013 through 2024, reducing the amount of property tax levy needed to pay the debt in those years. I intend to execute this transaction before the Common Council returns from summer recess, so passage by 2/3 majority at the July 24, 2012 meeting is crucial. If you have any questions, please feel free to contact me or the Executive Assistant to the Comptroller, Patrick J. Curry at 851- 5290. Mr. Smith moved: That the above item be, and the above communication from the Department of Audit & Control, dated July 18, 2012, be received and filed; and That the Common Council hereby approves the bond resolution for the refunding of 2002 school bonds to take advantage of lower interest rates and the City's improved credit rating thereby reducing the amount of interest costs. PASSED AYES 9 NOES 0 NO. 9 APPOINT PRINCIPAS AUDITOR (PERM)(MAX)(BIDELL) Certificate of Appointment Appointment effective 7/23/12 in the Department of Audit and Control Division of Accounting to the Position of Principal Auditor Permanent, Promotional, maximum starting salary of $65,398. Mark Bidell, 39 Janet Street, Buffalo 14215 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO. 10 CHANGE IN CONTRACT J. B. WILEY SPORTS COMPLEX RENOVATIONS JOB #1051A ELLICOTT DISTRICT I hereby submit to Your Honorable Body the following changes for the J. B. Wiley Sports Complex, Renovations, HHL Architects, C #93000739. 1. Additional services required for testing, inspections, air Add $ 2,772.00 monitoring related to hazardous materials removal. The foregoing change results in a net increase in the contract of Two Thousand Seven Hundred Seventy Two and 00/100 Dollars ($2,772.00). Summary: Original Contract Amount $52,300.00 Amount of This Change Order ( #1) Add $ 2,772.00 Revised Contract Amount $55,072.00 Costs have been reviewed by the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in 34323106 445100 - Buildings. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of Public Works, Parks and Streets dated July 18, 2012, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to execute Change Order #1 in the amount of $2,772.00 (Original Contract Amount: $52,300.00 + Changer Order #1:$2,722.00 = Revised Contract Amount: $55,072.00) for additional services required for testing, inspections, air monitoring related to hazardous materials removal for the J.B. Wiley Sports Complex Renovations to HHL Architects, C #93000739. Funds for the project are available in Account #34323106 445400 - Buildings. PASSED AYES 9 NOES 0 NO. 11 CHANGE IN CONTRACT J. B. WILEY SPORTS COMPLEX RENOVATIONS JOB #1051A ELLICOTT DISTRICT I hereby submit to Your Honorable Body the following changes for the J.B. Wiley Sports Complex, Renovations, Miller Enterprises, C #93000891. 1. Additional block work required on the 2 nd floor west elevation. $ 1,980.00 This work was not evident because of the wooden ticket booth Structure which was in front of it which was missing block. The foregoing change results in a net increase in the contract of One Thousand Nine Hundred Eighty and 00/100 Dollars ($1,980.00) Summary: Original Contract Amount $312,000.00 Amount of Change Order #1 Add $ 15,600.00 Amount of This Change Order ( #2) Add $ 1,980.00 Revised Contract Amount $329,580.00 Costs have been reviewed by the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in 34323106 445100 — Buildings Mr. Smith moved: That the above item be, and the above communication from the Commissioner of Public Works, Parks and Streets dated July 17, 2012, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to execute Change Order #2 in the amount of $1,980.00 (Original Contract Amount: $312,000.00 + Changer Order #1:$15,600.00 + Change Order #2:$1,980.00 for a Total Revised Contract Amount: $329,580.00) for additional block work required on the second floor, west elevation for the J.B. Wiley Sports Complex Renovations to Miller Enterprises, C #93000891. Funds for the project are available in Account 34323106 445400 - Buildings. PASSED AYES 9 NOES 0 NO. 12 EXTEND CONTRACT FOR CITYWIDE TREE MANAGEMENT AND PLANNING BETWEEN WENDEL COMPANIES AND CITY OF BUFFALO #62 OF 12/14/10 This is to request Your Honorable Body authorize the Department of Public Works, Parks and Streets to increase the Citywide Tree Management and Planning contract between City of Buffalo and Wendel Companies with a change order of $25,000 utilizing current unit prices, while formal procurement of a new contract is executed through the Request For Proposal process. I certify that this increase is fair and equitable for work involved. Funding for this work is available in Account #1457005 - 480000 plus an account to be named at a later date. Your consideration toward this request is greatly appreciated. Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated July 17, 2012, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to execute Change Order in the amount of $25,000.00 to increase the Citywide Tree Management and Planning contract between the City of Buffalo and Wendel Companies while formal procurement of a new contract is executed through the Request for Proposals process. Funds for the project are available in Account #1457005 - 480000, and an additional account to be named at a later date. PASSED AYES 9 NOES 0 NO. 13 PERMISSION TO HIRE CONSULTANT FOR ENGINEERING SERVICES EAST LOVEJOY STREET PROJECT INFRASTRUCTURE REPAIR AND REPLACEMENT LOVEJOY DISTRICT I hereby request permission from your Honorable Body to hire LiRo Engineers, Inc. as the Consultant engineer for the project. The consultant will provide design and inspection services for partial reconstruction of the East Lovejoy Street between Bailey Avenue and East City line. The consultant was chosen through the Request For Qualification" (RFQ) process. Therefore, I am requesting from your Honorable Body to authorize the Commissioner of Public Works, Parks and Streets to enter into all necessary agreements to administer and cover all the necessary tasks needed to complete the project. The funds are available in account # 33310706 - 445100, an account(s) to be named at a later date. Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated July 12, 2012, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to award hire a consultant to provide design and inspection services for partial reconstruction of East Lovejoy Street between Bailey Avenue and East City Line. Funds are available in Account 33310706 - 445100, and an account(s) to be named at a later date.. PASSED AYES 9 NOES 0 NO. 14 REPORT OF EMERGENCY BID GLORIA J. PARKS COMMUNITY CENTER EMERGENCY HVAC RECONSTRUCTION JOB #1262 UNIVERSITY DISTRICT I received the following emergency bid for the Gloria J. Parks Community Center, Emergency HVAC Reconstruction, on July 16, 2012. Due to the complete failure of the AC System throughout the building, the temperature was in excess of 95 degrees, causing a health and safety hazard to patrons. The Community Center has been shut down until the reconstruction is complete. John W. Danforth Co. $11,000.00 The Commissioner of Public Works, Parks & Streets has declared an emergency and entered into an agreement with John W. Danforth Co., in the amount of Eleven Thousand and 00 /00 Dollars ($11,000.00). Funding for this project is available in 34323406 445100 - Buildings. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of Public Works, Parks and Streets, dated July 16, 2012, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to enter into a contract in the Total amount of$11,000.00 to John W. Danforth Co. for emergency HVAC reconstruction. Funding for this project is available in Account 34323406 445100 - Buildings. PASSED AYES 9 NOES 0 NO. 15 REPORT OF BIDS 600 BLOCK OF MAIN STREET CHIPPEWA ST. TO TUPPER ST. NYSDOT PIN #5822.12 This is to advise Your Honorable Body that I have advertised and received bids on July 16. 2012 The six (6) bids received were: Contractor Base Bid Total Bid Price Mark Cerrone, Inc. $5,973,316.00 $6,271,981.80 2368 Maryland Ave. Niagara Falls, NY 14305 CATCO $6,016,516.00' $6,317,341.80 1266 Townline Rd. Alden, NY 14004 Yarussi Construction Inc. $6,653,055.50' $6,985,708.28 5650 Simmons Ave. Niagara Falls, NY 14304 Sealand Contractors Corp. $8,173,000.25 $8,581,650.27 85 High Tech Dr. Rush, N Y14543 Oakgrove Construction $8,399,565.00 $8,819,543.25 6900 Seneca St., P.O.Box 103 Elma, NY 14059 EdBaner Construction $22,426,066.00' $23,547,369.30 2790 Clinton Street W. Seneca, NY 14224 'CORRECTED I hereby certify that the lowest responsible bidder for the above project is Mark Carrone, Inc. and I respectfully recommend that Your Honorable Body authorize a contract award to Mark Cerrone, Inc. in the amount of $6271,981.80. (Base Bid of $5,973,316.00 + [5% unit price increases! $298,665.80equals [Total Award] $6,271,981.80). The engineer's estimate for this work is $7,419,100.00. - This project is a 95% reimbursed Federal Aid Highway Project and funds for this project are available in our Capita] Account #31910006 - 445100. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of Public Works, Parks and Streets, dated July 17, 2012, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to enter into a contract in the Total amount of $6,271,981.80 to Mark Cerrone, Inc. for the 600 Block of Main Street, Chippewa to Tupper. This project is a 95% reimbursed Federal Aid Highway Project and funds for this project are available in Capital Account #31910006 - 445100. PASSED AYES -9 NOES -0 NO. 16 REPORT OF BIDS - GROUP #763B, CITY -WIDE MILL AND OVERLAY, 2012, PHASE II (PW) In obtaining these bids for the above mentioned project, I have asked for unit price covering the various items of work and material which will be performed. The final cost of the work will be based on the actual measured quantities of materials entering into the work and may be either more or less than the total bid. The following bids were received Base Bid Base Bid + 10% Unit Price Increase Destro & Brothers Concrete Co Inc $2,534,375.00 $2,787,812.50 411 Ludington Street, Buffalo, NY 14206 Amherst Paving Inc '$2,576,897.25 $2,814,586.98 330 Meyer Rd, Amherst, NY 14226 Sicar Management & Construction, Inc '$2,693,315.00 $2,962,646.51 1128 Jamison Road, Elma, NY 14059 '$2,693,315.00 $2,962,646.51 Adjusted Amount to correct mathematical errors in the calculation for the bid I hereby certify that the low bidder for the above project is Destro & Brothers Concrete Co, Inc I respectfully recommend a contract award in the amount of $2,787,812.50($2,534,375.00 + base bid + $2,53,437.50 — 10% unit price increase = $2,787,812.50 — Total Contract Amount). Funds for this contract are available in # 34311106 - 445100 And account(s) to be named at a later date. The engineer's estimate for this work is $2,700,000.00. The attached is certified to be a true and correct statement of the bid received. Under provisions of the General Municipal Law, any of the bidders may withdraw his bid if an award of the contract is not made by August 27 2012. Individual bid submissions are available upon request. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of Public Works, Parks and Streets, dated July 16, 2012, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to enter into a contract in the Total amount of $2,787,812.50 to Destro & Brothers Concrete Co., Inc., for the City -wide mill and over lay - 2012 Phase II project. Funds for this project are available in Account #34311 i06- 445100, and an account(s) to be named at a later date. PASSED AYES -9 NOES -0 NO. 17 REPORT OF BIDS, GROUP #760 HUMBOLDT PARKWAY INFRASTRUCTURE IMP.- 2012 In obtaining these bids from the above mentioned project, I have asked for unit price covering the various items of work and material which will be performed. The final cost of the work will be based on the actual measure quantities of materials entering into the work and may be either more or less than the total bid. The following bids were received: Base Bid Base Bid + 10% Unit Price Increase Destro & Brothers Concrete Co., Inc. 411 Ludington Street, Buffalo NY 14206 $1,120,645.00 $1,232,709.50 Yarussi Construction, Inc. $1,431,920.00' $1,575,112.00 5650 Simmons Avenue, Niagara Falls, NY 14304 P & J Construction Co., Inc. $1,513,666.00' $1,665,032.60 709 Pleasant View Drive, Lancaster, NY 14086 Sicar Management & Construction, Inc. Bid Not Accepted 1128 Jamison Road, Elma, NY 14059 'Adjusted Amount to correct mathematical errors in the calculation of the bid I hereby certify that the low bid for the above project is Destro & Brothers Concrete CO., Inc. I respectfully recommend a contract award in the amount of $1,232,709.50 ($1,120,645.00- Base Bid+ $112,064.50- 10% unit price increase = $1,232,709.50 — Total Contract Amount) . Funds for this contract are available in #31310706 - 445100, #32310606 - 445100 , and an account(s) to be named at a later date. The engineer's estimate for this work is $1,206,032.50 . The attached is certified to be a true and correct statement of the bid received. Under provisions of the General Municipal Law, any of the bidders may withdraw his bid if an award of the contract is not made by September 5 2012. Individual bid submissions are available in our office for inspection and copies are available upon request. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of Public Works, Parks and Streets, dated July 16, 2012, be received and flied; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to enter into a contract in the Total amount of $1,232,709.50 to Destro & Brothers Concrete Co., Inc., for the Humboldt Parkway infrastructure improvements project. Funds for this project are available in Account #31310706 - 445100, #32310606 - 445100, and an account(s) to be named at a later date. PASSED AYES -9 NOES -0 NO. 18 REPORT OF BIDS MLK JR. PARK NEW PICNIC SHELTERS & GRILLS JOB #1251 MASTEN DISTRICT I advertised for on July 3, 2012, and received the following formal sealed bids for MLK Jr. Park, News Picnic Shelters & Grills, which were publicly opened and read on July 17, 2012. Titan Development 8534 Seaman, Gasport, NY Pinto Construction 1 Babcock, Buffalo, NY Hydrolawn of Buffalo 8691 N Main, Angola, NY Nichter Construction Base Bid $305,000.00 $339,697.00 $365,499.00 $6,900.00 $417,500.00 Alt# 1 Alt# 2 $4,950.00 $1,350.00 $6,900.00 $2,797.00 $845.00 $33,600.00 $8,000.00 Alternate #1: Include asphalt path to each concrete pad. Alternate #2: Include concrete extension from each concrete pad to grill location. I hereby certify that the foregoing is a true and correct statement of all bids received and that Titan Development, with a Base Bid of $305,000.00, add Alternate #1 for $4,950.00, add Alternate #2 for $1,350.00, plus 10% contingency for $31,130.00, for a total of Three Hundred Forty Two Thousand Four Hundred Thirty and 00/100 Dollars ($342,430.00), is the lowest responsible bidder in accordance with the plans and specifications. I recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to order on the basis of the lowest responsible bid. Funding for this project is available in 35405106 451000 - Buildings. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of Public Works, Parks and Streets, dated July 17, 2012, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to enter into a contract in the Total amount of $342,430.00 (Base Bid Amount: $305,000.00 + Alt. #1:$4,950.00 + Alt. #2:$1,350.00 for a Total Bid Amount of $342,430.00) to Titan Development for the MLK, Jr., Park new picnic shelters and grills. Funding for this project is available in Account 35405106 45100 - Buildings. PASSED AYES -9 NOES -0 NO. 19 REQUEST TO PURCHASE EQUIPMENT Purchase (3) 18' Dump Bodies / Plow Frames & hydraulics $138,780.00 for 3 new chassis from contract # 7538 @ $ 46,260.00 ea Valley Fab Funds from: 35304106-445100 Purchase (1) Corghi Semi Automatic Tire Changer ModelAG /S52L $16,000.00 for Tire Repair Shop to replace 15 year old unit Meyers Tire Supply Funds from: 15050007 - 474100 TOTAL $153,780.00 Mr. Smith moved: That the above item be, and the above communication from tile Department of Public Works, Parks and Street, dated July 17, 2012, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to purchase the following: 1. Three (3) 18' dump bodies /plow frames and hydraulics for three new chassis from contract #7538 from Valley Fab in the amount of $138,780.00 ($46,260.00 each). Funds are available from Account 35304106 - 445100; and 2. One (1) Corghi Semi - automatic tire changer model AG /S52L for the tire repair shop from Meyers Tires supply in the amount of $153,780.00. Funds are available from Account # 15050007 - 474100. PASSED AYES -9 NOES -0 NO. 20 REQUEST TO PURCHASE EQUIPMENT Purchase (5) Viking 10' reversable plows ,trip edge, 42" high rebid # 7335 Mod # HDPRR1042TE @ $ 8,000.00 $40,000.00 Viking Cives Purchase (4) Alamo 74" Super Heavy Duty Flail Mower @ $6,000.00 $24,000.00 Decks for Lot Crew @ 6,000.00 Buffalo Tractor Purchase (1) 32' Tandem Axle Dump Trailer w /full $60,000.00 frame tarp & bed vibrator MOD # $3260S13 Bid # 7329contract w/2 dump trailer trade in S 380 & S 381 Southside Trailer All Purchased from 15050007 - 474100 Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Street, dated July 9, 2012, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to purchase the following: 1. Five (5) Viking 10' reversible plows, trip edge, 42" high in the amount of $40,000.00; 2. Four (4) Alamo 74" Super Heavy Duty Flair Mower Decks for lot crew in the amount of $24,000.00; 3. One (1) 32' Tandem Axle Dump Trailer with full frame, tarp and bed vibrator with two dump trailer train in S 380 and S 381 in the amount of $60,000.00 Funds are available from Account # 15050007 - 474100. PASSED AYES -9 NOES -0 NO. 21 REQUEST TO PURCHASE EQUIPMENT/VEHICLES Purchase (4) Tandem Axle Freightliner Chassis contract # 7531 @ 94,949.00 ea $379,796.00 Five Star Equipment Funds from 35304106 - 445100 Purchase (1) Freightliner M2 Tandem Axle Dump Chassis Contract # 7531 @ $ 94,949.00 $94,949.00 Fleet Maint Funds from 15050007 - 474200 Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Street, dated July 24, 2012, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to purchase the following: 1. Four (4) tandem axle freightliner chassis in the amount of $379,796.00. Funds are available from Account #34304106 - 445100. 2. One (1) freightliner M2 tandem axle dump chassis in the amount of $94,949.00. Funds are available from Account #15050007 - 474200. PASSED AYES -9 NOES -0 NO. 22 REQUEST TO PURCHASE VEHICLES Purchase (1) John Deere Wheel Loader from NYSOGS Contract# 40603 $135,000.00 Five Star Equipment Funds from: 15050007 - 474200 Purchase (1) 16' Dump Body w /full leveling wing & plow hydraulics from contract # 7538 $ 58,204.00 Valley Fab Funds from: 15050007 - 474200 TOTAL $193,204.00 Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Street, dated July 17, 2012, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to purchase the following: 1. One (1) John Deere Wheel Loader from NYSOGS in the amount of $135,000.00. Funds are available from Account # 15050007 - 474200. 2. One (1) 16' dump body with full leveling wing and plow hydraulics in the amount of $58,204.00. Funds are available from Account #1505007,474200. PASSED AYES -9 NOES -0 NO. 23 SHEA'S OCONNELL PRESERVATION GUILD, LTD(SHEA'S) SEEKSCITY OF BUFFALO'S EXECUTION AND SIGN OFF OF CERTAIN AGREEMENTS WITH REGARD TO $400,000 GRANT TO SHEA'S FROM NEW YORK STATE OFFICES OF PARKS, RECREATION AND HISTORIC PRESERVATION(ENVIRONMENTAL PROTECTION FUND) FOR SHEA'S INTERIOR RESTORATION PROJECT Sheas is undertaking an $800,000 interior restoration project (restoration of ceiling /dome and wall restoration). The New York State Offices of Parks, Recreation and Historic Preservation (Environmental Protection Fund) has approved $400,000 in grant funding to be utilized towards this project. Sheas is responsible for and currently has on hand the other $400,000. Because the Sheas facility is City -owned property, conditions to the $400,000 State grant funding to Sheas include the requirements that the City execute the grant agreement as "Guarantor" and that the City execute a Preservation Covenant agreement. The City's exposure /obligations under the agreements are essentially up to one and one half times the $400,000 grant funding amount (or $600,000) and agreeing to take on and assume the terms and conditions of the grant agreement. A copy of the grant agreement and the Preservation Covenant that the City is being asked to execute are attached for your reference. I am requesting that your Honorable Body authorize the Mayor to execute the attached grant agreement and Preservation Covenant and further that your Honorable Body authorize the Mayor and /or other City personnel to enter into such agreements and other appropriate arrangements and to take all such steps and actions as shall be necessary to facilitate the $400,000 State grant funding for the subject Sheas interior restoration project. Mr. Smith moved: That the above communication from the Department of Public Works, Parks and Streets dated July 18, 2012, be received and filed; and That the Commissioner of the Department of Public Works, Parks and Streets, be, and he hereby is authorized on behalf of the City to facilitate the award of grant funding, totaling $400,000.00 (state funds) from the New York State Office of Parks, Recreation and Historic Preservation (Environmental Project Fund) for a Shea's interior restoration project; That the Mayor hereby is hereby authorized to execute the grant agreement and Preservation Covenant, and that the Mayor and /or other City personnel are authorized to enter into such agreements and other appropriate arrangements and to take all such steps and actions as shall be necessary to facilitate the $400,000.00 State grant funding for the subject Shea' s interior restoration project. PASSED AYES -9 NOES -0 FROM THE CORPORATION COUNSEL NO. 24 TRINIDAD PARK- F'FLING OF A "DECLARATION OF COVENANTS AND RESTRICTIONS" FOR AND AT THE REQUEST OF THE NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION (NYSDEC) AS PART OF THE FINALIZATION OF THE ENVIRONMENTAL RESTORATION PROGRAM CLEAN -UP OVER THE LAST SEVERAL YEARS AT TRINIDAD PARK The City of Buffalo participated in an extensive clean -up of the City -owned property known as Trinidad Park located at 237 Kensington Avenue in Buffalo. The costs of the site characterization, clean -up and development of engineering /institutional controls was in the range of up to approximately $200,000 and was funded primarily through the Environmental Restoration Program through the State of New York and through the NYSDEC. A Declaration of Covenants and Restrictions is a tool utilized by the NYSDEC as part of the formal finalization for certain types of environmental remediation, including remediation completed under the Environmental Restoration Program. The nature of this clean -up, like other similar clean -ups, involved the dig and haul of certain soils /contaminants for off -site disposal at permitted facility(ies) and also involved certain contaminants in soils at acceptable levels being left in place and addressed by placement of a soil cover or asphalt /concrete /pavement cover at acceptable thicknesses. The Declaration of Covenants and Restrictions provides a notice of the types of remedial activities that occurred at the site and are a non - physical means of enforcing restrictions and modifying and guiding human behavior at the site in ways that are meant to maintain and preserve the remediation into the future. In this case, the restrictions generally are in the nature of not disturbing the soil cover remedy, not changing the park use of the property, prohibiting use of the groundwater at the property for drinking and continuing the site specific institutional and engineering controls set forth in the relevant site and soil management plans. The Law Department, after consulting with the Office of Strategic Planning and the Department of Public Works, Parks and Streets, requests that Your Honorable Body: 1. Authorize the Mayor to execute a Declaration of Covenants and Restrictions to be negotiated to finalization by the Law Department to facilitate the remediation project closeout, maintenance, controls and general objectives consistent with the pertinent site and soil management plan and the requirements of the NYSDEC, and 2. Authorize pertinent City personnel to take such steps and actions as shall be reasonably necessary to achieve the purpose and objectives of the Declaration of Covenants and Restrictions. Mr. Smith moved: That the above item be, and the above communication from the Department of Law, dated July 18, 2012, be received and filed; That the Common Council hereby authorizes the filing of a Declaration of Covenants and Restrictions for and at the request of the New York State Department of Environmental Conservation (NYS DEC), as part of the finalization of the Environmental Restoration Programs clean -up over the last several years at Trinidad Park; That the common Council hereby authorizes the Mayor to execute a Declaration of Covenants and Restrictions to be negotiated to finalization by the Law Department to facilitate the remediation project closeout, maintenance, controls and general objectives consistent with the pertinent site and soil management plan and the requirements of the NYS DEC, and authorizes pertinent City personnel to take such steps and actions as shall be reasonably necessary to achieve the purpose and objectives of the Declarations of Covenants and Restrictions. PASSED AYES -9 NOES -0 NO. 25 FRANCZYK PARK - FILING OF AN "ENVIRONMENTAL EASEMENT" FOR AND AT THE REQUEST OF THE PEOPLE OF THE STATE OF NEW YORK ACTING BY AND THROUGH THE COMMISSIONER OF THE NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION (NYSDEC) AS PART OF THE FINALIZATION OF THE ENVIRONMENTAL RESTORATION PROGRAM CLEAN -UP OVER THE LAST SEVERAL YEARS AT FRANCZYK PARK The City of Buffalo participated in an extensive clean -up &the property known as Franczyk Park. Franczyk Park is a 16.5 + - acre park bounded by Lyman Street to the north, Fleming Street to the south, New Babcock Street to the east, and Lewis Street to the west. The costs of the site characterization, clean -up and development of engineering /institutional controls was in the range of up to approximately $3,220,000 and was funded primarily through the Environmental Restoration Program through the State of New York and through the NYSDEC. An Environmental Easement is a tool utilized by the NYSDEC as part of the formal finalization for certain types of environmental remediation. The nature of this clean -up, like other similar clean -ups, involved the dig and haul of certain soils /contaminants for off -site disposal at permitted facility(ies) and also involved certain contaminants in soils at acceptable levels being left in place and addressed by placement of a soil cover or asphalt /concrete /pavement cover at acceptable thicknesses. The Environmental Easement provides notice &the types of remedial activities that occurred at the site and is a non - physical means of enforcing restrictions, and modifying and guiding human behavior in ways that are meant to maintain and preserve the remediation into the future. In this case, the Environmental Easement will outline the specific implementation procedures required by the pertinent Site Management Plan. The Law Department, after consulting with the Office of Strategic Planning and the Department of Public Works, Parks and Streets, requests that Your Honorable Body: 1. Authorize the Mayor to execute an Environmental Easement to be negotiated to finalization and approved to form by the Law Department to facilitate the remediation project closeout, maintenance, controls and general objectives consistent with the site management plan and the requirements of the NYSDEC, and 2. Authorize pertinent City personnel to take such steps and actions as shall be reasonably necessary to achieve the purpose and objectives of the Environmental Easement. Mr. Smith moved: That the above item be, and the above communication from the Department of Law, dated July 18, 2012, be received and filed; That the Common Council hereby authorizes the filing of an Environ - mental Easement for and at the request of the New York State Department of Environmental Conservation (NYS DEC), as part of the finalization of the Environmental Restoration Programs clean -up over the last several years at Franczyk Park; That the Common Council hereby authorizes the Mayor to execute an Environmental Easement to be negotiated to finalization and approval to form by the Law Department to facilitate the remediation project closeout, maintenance, controls and general objectives consistent with the site management plan and the requirements of the NYS DEC, and authorizes pertinent City personnel to take such steps and actions as shall be reasonably necessary to achieve the purpose and objectives of the Environmental Easement. PASSED AYES -9 NOES -0 NO. 26 1318 NIAGARA ST FILING AN "ENVIRONMENTAL EASEMENT" FOR AND AT THE REQUEST OF THE PEOPLE OF THE STATE OF NEW YORK ACTING BY AND THROUGH THE COMMISSIONER OF THE NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION (NYSDEC) AS PART OF THE FINALIZATION OF THE ENVIRONMENTAL RESTORATION PROGRAM CLEAN -UP OVER THE LAST SEVERAL YEARS AT CITY -OWNED PROPERTY KNOWN AS 1318 NIAGARA STREET The City of Buffalo is now participating in a clean -up of City -owned property commonly known as 1318 Niagara Street under the NYSDEC's Environmental Restoration Program. The allowable costs of the site characterization, clean -up and development of engineering /institutional controls is in the amount of up to approximately $700,000 and was and will continue to be funded primarily through the Environmental Restoration Program through the State of New York and through the NYSDEC. An Environmental Easement is a tool utilized by the NYSDEC as part of the formal finalization for certain types of environmental remediation. The nature of this clean -up, like other similar clean -ups, will involve the dig and haul of certain soils /contaminants for off -site disposal at permitted facility(ies) and will also involve certain contaminants in soils at acceptable levels being left in place and addressed by placement of a soil cover or asphalt concrete /pavement cover or other cover /control at acceptable thicknesses. The Environmental Easement provides a notice of the types of remedial activities that occurred or will occur at the site and is a non - physical means of enforcing restrictions and modifying and guiding human behavior at the site in ways that are meant to maintain and preserve the remediation into the future: In this case, the Environmental Easement will outline the site specific implementation procedures required by the pertinent Site and or Soil Management Plan to be developed for the 1318 Niagara Street property. The Law Department, after consulting with the Office of Strategic Planning, requests that Your Honorable Body: 1. Authorize the Mayor to execute an Environmental Easement to be negotiated to finalization and approved to form by the Law Department to facilitate the remediation project closeout, maintenance, controls and genera! objectives consistent with the pertinent site and or soil management plan to be developed for the 1318 Niagara Street site and the requirements of the NYSDEC, and 2. Authorize pertinent City personnel to take such steps and actions as shall be reasonably necessary to achieve the clean -up and development of the controls /cover and to implement and facilitate the purpose and objectives of the Environmental Easement. Environmental Easement - 1318 Niagara Street Environmental Restoration Program Mr. Smith moved: That the above item be, and the above communication from the Department of Law, dated July 18, 2012, be received and filed; That the Common Council hereby authorizes the filing of an Environmental Easement for and at the request of the New York State Department of Environmental Conservation (NYS DEC), as part of the finalization of the Environmental Restoration Programs clean -up over the last several years at City -owned property known at 1318 Niagara Street; That the Common Council hereby authorizes the Mayor to execute an Environmental Easement to be negotiated to finalization and approval to form by the Law Department to facilitate the remediation project closeout, maintenance, controls and general objectives consistent with pertinent site and /or soil management plan to be developed for the 1318 Niagara Street site and the requirements of the NYS DEC, and authorizes pertinent City personnel to take such steps and actions as shall be reasonably necessary to achieve the clean -up and development of the controls /cover and to implement and facilitate the purpose and objectives of the Environmental Easement. PASSED AYES -9 NOES -0 NO. 27 SHIP CANAL COMMONS - FILING OF AN "ENVIRONMENTAL EASEMENT" FOR AND AT THE REQUEST OF THE PEOPLE OF THE STATE OF NEW YORK ACTING BY AND THROUGH THE COMMISSIONER OF THE NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION (NYSDEC) AS PART OF THE FINALIZATION OF THE ENVIRONMENTAL RESTORATION PROGRAM CLEAN -UP /REDEVELOPMENT OVER THELAST SEVERAL YEARS AT SHIP CANAL COMMONS AT BUFFALO LAKESIDE COMMERCE PARK The City of Buffalo participated in a clean -up and redevelopment of an approximately 20 +- acre "public space" park -like property known as Ship Canal Commons in the Buffalo Lakeside Commerce Park redevelopment project in South Buffalo. The costs of the site characterization, clean -up and development of engineering /institutional controls was in the amount of up to approximately $9,000,000 and was funded primarily through the Environmental Restoration Program through the State of New York and through the NYSDEC. An Environmental Easement is a tool utilized by the NYSDEC as part of the formal finalization for certain types of environmental remediation. The nature of this clean -up, like other similar clean -ups, involved the dig and haul of certain soils /contaminants for off -site disposal at permitted facility(ies) and also involved certain contaminants in soils at acceptable levels being left in place and addressed by placement of a soil cover or asphalt /concrete /pavement cover at acceptable thicknesses. The Environmental Easement provides a notice of the types of remedial activities that occurred at the site and is a non - physical means of enforcing restrictions and modifying and guiding human behavior at the site in ways that are meant to maintain and preserve the remediation into the future. In this case, the Environmental Easement will also outline the site specific implementation procedures required by the pertinent Site Management Plan. The Law Department, after consulting with the Office of Strategic Planning and the Department of Public Works, Parks and Streets, requests that Your Honorable Body: 1. Authorize the Mayor to execute an Environmental Easement to be negotiated to finalization and approved to form by the Law Department to facilitate the remediation project closeout, maintenance, controls and general objectives consistent with the pertinent site management plan and requirements of the NYSDEC, and 2. Authorize pertinent City personnel to take such steps and actions as shall be reasonably necessary to achieve the purpose and objectives of the Environmental Easement. Mr. Smith moved: That the above item be, and the above communication from the Department of Law, dated July 18,2012, be received and filed; That the Common Council hereby authorizes the filing of an Environmental Easement for and at the request of the New York State Department of Environmental Conservation (NYS DEC), as part of the finalization of the Environmental Restoration Programs cleanup /redevelopment over the last several years at Ship Canal Commons at Buffalo Lakeside Commerce Park; That the Common Council hereby authorizes the Mayor to execute an Environmental Easement to be negotiated to finalization and approval to form by the Law Department to facilitate the remediation project closeout, maintenance, controls and general objectives consistent with the site management plan and the requirements of the NYS DEC, and authorizes pertinent City personnel to take such steps and actions as shall be reasonably necessary to achieve the purpose and objectives of the Environmental Easement. PASSED AYES -9 NOES -0 NO. 28 WATERFRONT SCHOOL PROPERTY — 95 FOURTH ST ENV REMEDIATION 95 Fourth Street- Waterfront School Property - filing of a "Declaration of Covenants and Restrictions" for and at the request of the New York State Department of Environmental Conservation (NYSDEC) as part of the formal finalization of the environmental remediation that occurred at the Waterfront School site in 2005 PRIOR COUNCIL REFERENCE: None The City of Buffalo participated in an extensive clean -up and remediation of the City -owned property located at 95 Fourth Street also commonly known as the Waterfront School property. The site characterization, site clean -up and development of site specific engineering /institutional controls was approved and monitored by the State of New York through the NYSDEC. A Declaration of Covenants and Restrictions is a tool utilized by the NYSDEC as part of the formal finalization of certain types of environmental remediation. The nature of this cleanup, like other similar clean -ups, involved the dig and haul of certain soils /contaminants for off -site disposal at permitted facility(ies) and also involved certain contaminants in soils at acceptable levels being left in place so as not to disturb or compromise the structural integrity of existing underground utility infrastructure known as the Swan Trunk Corridor sewer line. The un- remediated soils that were left in place around the Swan Trunk Corridor sewer line were addressed by placement of a marker cover and soil cover over the area which was then covered over with asphalt /concrete /pavement cover at acceptable thicknesses. The Declaration of Covenants and Restrictions provide a notice of the types of remedial activities that occurred at the site and are non - physical means of enforcing restrictions and modifying and guiding human behavior at the site 'in ways that are meant to maintain and preserve the remediation into the future. In this case, the restrictions are generally in the nature of not disturbing the un- remediated soils without following specific protective measure steps, prohibiting use of the groundwater for drinking and continuing the site specific institutional and engineering controls set forth in the relevant site and soil management plans. The Law Department, after consulting with the Office of Strategic Planning and the Department of Public Works, Parks and Streets, requests that Your Honorable Body: 1. Authorize the Mayor to execute a Declaration of Covenants and Restrictions to be negotiated to finalization and approved to form by the Law Department to facilitate the remediation project closeout, maintenance, controls and general objectives consistent with the pertinent site and soil management plan and requirements of the State of New York and the NYSDEC, 2. Consent to the execution of a separate Declaration of Covenants and Restrictions to be negotiated to finalization by The City of Buffalo Urban Renewal Agency (BURA) for property owned by BURA which is adjacent to the subject City -owned site 3. Authorize pertinent City personnel to take such steps and actions as shall be reasonably necessary to achieve the purpose and objectives of the Declarations of Covenants and Restrictions. Mr. Smith moved: That the above item be, and the above communication from the Department of Law, dated July 18, 2012, be received and filed; That the Common Council hereby authorizes the filing of a Declaration of Covenants and Restrictions for and at the request of the New York State Department of Environmental Conservation (NYS DEC), as part of the finalization of the environmental restoration that occurred at the Waterfront School site in 2005; That the Common Council hereby authorizes the Mayor to execute a Declaration of Covenants and Restrictions to be negotiated to finalization by the Law Department to facilitate the remediation project closeout, maintenance, controls and general objectives consistent with the pertinent site and soil management plan and the requirements of the State of New York and the NYS DEC; consents to the execution of a separate Declaration of Covenants and Restrictions to be negotiated to finalization by the City of Buffalo Urban Renewal Agency (BURA) for property owned by BURA which is adjacent to the subject City -owned site; and authorizes pertinent City personnel to take such steps and actions as shall be reasonably necessary to achieve the purpose and objectives of the Declarations of Covenants and Restrictions. PASSED AYES 9, NOES 0 NO. 29 REQUEST AUTHORIZATION TO ENTER AGMT -MNGT, MAINT, OPERATIONS & IMP MULROY PK Request for Authorization to Enter into Agreement with respect to the Management, Maintenance, Operation & Improvement of Mulroy Park, Pierce Field South District PRIOR COUNCIL REFERENCE: Item Number 16 of Common Council Proceedings held on March 6, 2012 The City's Department of Public Works, Parks & Streets (City DPW) issued a Request for Proposals for the Management, Maintenance, Operation and Improvement of City -owned Mulroy Park, Pierce Field. The successful proposal was from Buffalo Legacy Project, inc. (Legacy). The Law Department, after consultation with the City DPW, has negotiated the basic provisions of a proposed agreement with Legacy to implement and facilitate the Legacy proposal. The proposed agreement calls for substantial improvements to be made to the subject site by Legacy and thereafter Legacy would manage, maintain and operate the site for a five year term with the opportunity to extend for up to an additional two periods of one year each. It is anticipated that the City will undertake certain site infrastructure improvements in the value and cost range of up to approximately $400,000. A copy of the proposed agreement (with the City's RFP and the Legacy Proposal attached thereto) is attached for your reference The total project cost is in the range of approximately $1,751,812 as set forth in the Legacy Proposal improvement Plan Sources and Uses Appendix F. The Law Department, after consulting with City DPW, requests that Your Honorable Body: 1. Authorize the Mayor to execute an agreement in form and substance as set forth in the attachment to this communication, said agreement to be negotiated to finalization and approved to form by the Law Department to facilitate the Mulroy Park, Pierce Field project, and 2. Authorize pertinent City personnel to take such steps and actions and to execute such documents and agreements as shall be necessary to implement and facilitate the Mulroy Park, Pierce Field project. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT & INSPECTION SERVICES NO. 30 FOOD STORE (NEW)998 BROADWAY(FILLMORE) Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that 1 have examined the attached application for a Food Store License located at 998 Broadway (Aldi Inc. /Aaron Sumida) and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department Building Inspections, Police Department and Collection Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Mr. Smith moved: That the above item be, and the above communication from the Department of Permits and Inspection Services, dated July 17, 2012, be received and filed; and That the Commissioner of Permits and Inspections Services is hereby authorized pursuant to Chapter 194 of the City Code to issue a Food Store License to Aaron Sumida d /b /a Aldi, Inc. located at 998 Broadway. PASSED AYES 9 NOES 0 NO. 31 FOOD STORE(NEW) 2462 DELAWARE AKA 2458 DELAWARE(NORTH) Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 2462 Delaware AKA 2458 Delaware (7- Eleven Inc. #35162 /David Fenton) and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collection Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Mr. Smith moved: That the above item be, and the above communication from the Department of Permits and Inspection Services, dated July 14, 2012, be received and filed; and That the Commissioner of Permits and Inspections Services is hereby authorized pursuant to Chapter 194 of the City Code to issue a Food Store License to David Fenton d /b /a 7- Eleven, Inc. #35162 located at 2462 Delaware a /k/a 2458 Delaware. PASSED AYES 9 NOES 0 NO. 32 FOOD STORE (NEW) -161 ELMWOOD(FILL) 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 161 Elmwood (Lat Singh Corp ASSUMED NAME Elmwood Beverage Center /Lakhi Sigh) and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collection Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Mr. Smith moved: That the above item be, and the above, communication from the Department of Permits and Inspection Services, dated July 18, 2012, be received and filed; and That the Commissioner of Permits and Inspections Services is hereby authorized pursuant to Chapter 194 of the City Code to issue a Food Store License to Lakhi Sigh d /b /a Lat Singh Corp. a /k/a Elmwood Beverage Center located at 161 Elmwood. PASSED AYES 9 NOES 0 NO. 33 FOOD STORE(NEW) -776 ELMWOOD AKA 792 ELMWOOD (DEL) 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 776 Elmwood AKA 782 Elmwood (7- Eleven Inc. #35163 /David Fenton) and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collection Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 34 FOOD STORE (NEW) -2275 GENESEE (LOV) 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 2275 Genesee (7- Eleven Inc. #35176 /David Fenton) and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collection Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Mr. Smith moved: That the above item be, and the above communication from the Department of Permits and Inspection Services, dated July 6, 2012, be received and filed; and That the Commissioner of Permits and Inspections Services is hereby authorized pursuant to Chapter 194 of the City Code to issue a Food Store License to David Fenton d /b /a/ 7- Eleven Inc. #35176 located at 2275 Genesee. PASSED AYES 9 NOESO NO. 35 FOOD STORE (NEW) 3 LAKEVIEW(ELLICOTT ) 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 3 Lakeview (Lakeview Food Market Inc. / Saleh Mohamed Mozeb and Hazem Shaif Fadhel ) and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collection Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 36 FOOD STORE (NEW) 1095 LOVEJOY(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 1095 Lovejoy (7- Eleven Inc. #35130 /David Fenton) and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collection Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Mr. Smith moved: That the above item be, and the above communication from the Department of Permits and Inspection Services, dated July 6, 2012, be received and filed; and That the Commissioner of Permits and Inspections Services is hereby authorized pursuant to Chapter 194 of the City Code to issue a Food Store License to David Fenton d /b /a 7- Eleven, Inc. #35130 located at 1095 Lovejoy. PASSED AYES 9 NOES 0 NO. 37 FOOD STORE (NEW) 271 LUDINGTON (LOVEJOY) Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attache4 application for a Food Store License located at 271 Ludington (IGA Community Express Mart Inc. /Nadia Alhaj) and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collection Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 38 FOOD STORE LICENSE (NEW) -896 NIAGARA (NIA) 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 896 Niagara (Zip "s Food & Beverage Shoppe / Saleh N. Almadrahi) and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collection Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Mr. Smith moved: That the above item be, and the above communication from the Department of Permits and Inspection Services, dated July 18, 2012, be received and filed; and That the Commissioner of Permits and Inspections Services is hereby authorized pursuant to Chapter 194 of the City Code to issue a Food Store License to Saleh N. Almadrahi d /b /a Zip's Food & Beverage Shoppe located at 896 Niagara. PASSED AYES 9 NOES 9 NO. 39 FOOD STORE (NEW) 1360 FILLMORE (ELL) Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 1350 Fillmore (Dollar Discount / Alawi Mohamed Ahmed and Fares Saleh Ahmed Alshebi) and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collection Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Mr. Smith moved: That the above item be, and the above communication from the Department of permits and Inspection Services, dated July 23, 2012, be received and filed; and That the Commissioner of permits and Inspections Services is hereby authorized pursuant to Chapter 194 of the City Code to issue a Food Store License to Alawi Mohamed Ahmed and Fares Saleh Ahmed Alshebi d /b /a Dollar Discount located at 1350 Fillmore with the following conditions. 1. Cannot sell " loosies" - i.e single cigarettes, or single diapers, etc. 2. Must have a minimum of (2) working surveillance cameras. One camera should be located above the entrance facing inwards and the other should be on the outside of the entrance door outwards toward the street. All cameras should be able to record video and store owners are asked to have the capability of saving video for at least thirty (30) days. 3. Store interior and exterior should be kept clean at all times. Store should be neatly painted and any landscape should be maintained. 4. Must abide by all pursuant City Charter laws. 5. Security Guard on premises during hours of operation. 6. No Beer 7. No hairweave 8. No lottery PASSED AYES 9 NOES 0 NO. 40 FOOD STORE (NEW) 1981 NIAGARA(NORTH) Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 1981 Niagara (Doyles Food /Emad S Al Gumaei) and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collection Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Mr. Smith moved: That the above item be, and the above communication from the Department of Permits and Inspection Services, dated June 19, 2012, be received and filed; and That the Commissioner of Permits and Inspections Services is hereby authorized pursuant to Chapter 194 of the City Code to issue a Food Store License to Emad S Al Gumaei d /b /a Doyles Food located at 1981 Niagara. PASSED AYES 9 NOES 0 NO. 41 FOOD STORE (NEW) 1902 NIAGARA(NORTH) Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 1902 Niagara (Manar Islamic Fashion /All M Al Badr) and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office — Fire Department, Building Inspections, Police Department and Collection Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 42 FOOD STORE (NEW) 472 ONTARIO(NORTH) Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 472 Ontario ( Hitarni Sorn Asian Market /Shin Dhama) 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 Zonin8 Office, Fire Department, Building Inspections, Police Department and Collection Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Mr. Smith moved: That the above item be, and the above communication from the Department of Permits and Inspection Services, dated July 17, 2012, be received and filed; and That the Commissioner of Permits and Inspections Services is hereby authorized pursuant to Chapter 194 of the City Code to issue a Food Store License to Shin Dhama d /b /a Hitarni Sore Asian Market located at 472 Ontario. PASSED AYES 9 NOES 0 NO. 43 FOOD STORE (NEW) 2406 SOUTH PARK (SOUTH) Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that 1 have examined the attached application for a Food Store License located at 2406 South Park (7- Eleven Inc. #35122 /David Fenton) and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collection Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Mr. Smith moved: That the above item be, and the above communication from the Department of Permits and Inspection Services, dated July 14, 2012, be received and filed; and That the Commissioner of Permits and Inspections Services is hereby authorized pursuant to Chapter 194 of the City Code to issue a Food Store License to David Fenton d /b /a 7- Eleven Inc. #35122 located at 2406 South Park. PASSED AYES 9 NOES 0 NO. 44 FOOD STORE (NEW) 738 TONAWANDA AKA 740 TONAWANDA (NORTH) Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 738 Tonawanda AKA 740 Tonawanda (BJK Food Inc. /Baljeet Singh) and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collection Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Mr. Smith moved: That the above item be, and the above communication from the Department of Permits and Inspection Services, dated June 19, 2012, be received and filed; and That the Commissioner of Permits and Inspections Services is hereby authorized pursuant to Chapter 194 of the City Code to issue a Food Store License to Baljeet Singh d /b /a BLK Food Inc. located at 738 Tonawanda a /k/a 740 Tonawanda. PASSED AYES- 9 NOES- 0 NO. 46 RESTAURANT DANCE LICENSE (RENEWAL) 200 TERRACE Pursuant to Chapter 150 of the City of Buffalo Ordinances, please be advised that I have caused an investigation into the premises located at 220 Terrace for which said renewal application for a Restaurant Dance Class II license is being sought by Adam's Mark Buffalo- Niagara 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. Smith moved: That the above item be, and the above communication from the Department of Permit and Inspection Services, dated July 13, 2012; and That the Commissioner of Permits and Inspections Services is hereby authorized pursuant to Chapter 150 of the City Code to issue a Restaurant Dance Class License to Adam's Mark Buffalo- Niagara, located at 220 Terrace. PASSED AYES 9 NOES 0 NO. 46 USED CAR DEALER 77 SYCAMORE (ELL) Pursuant to Chapter 254 of the City of Buffalo Ordinances, pleas be advised that I have examined the attached application for a Used Car Dealer License located at 77 Sycamore and find that as to form is correct. I have caused an investigation into the premises for which said application for a used car dealer license is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspections; I find it complies with all regulations and other applicable laws, I have caused an investigation by the Police Department into the moral character of Roger Regent. The attached thereto for Roger Regent /dba Unlimited Business. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION FROM THE COMMISSIONER OF ADMINISTRATION, FINANCE, POLICY & URBAN AFFAIRS NO. 47 APPROVAL TO TRANSFER VEHICLES(VARIOUS) The Division of Purchase hereby requests permission from your honorable body to transfer the following vehicles from the Dart Street Impound garage to the Buffalo Police Department fleet: 2001 Ford Expedition 2002 Buick LeSabre 2000 Pontiac Grand Prix 2000 Pontiac Bonneville 2000 Chevy Astrovan 2002 Chevy Malibu These vehicles have been inspected by the Buffalo Police Garage personnel and have been determined to be good vehicles for use in the Buffalo Police Department fleet. These vehicles will be unmarked, will be used for future investigations and there is no cost to the City in acquiring these vehicles. Per the Buffalo Police Department, these vehicles will not be used as take home vehicles. These vehicles will be replace the following (6) vehicles recently sold at auction by the Division of Purchase Sold: P101 - 2001 Oldsmobile P202 - 2002 Dodge P203 - 2002 Oldsmobile P381 - 1983 Chevrolet Pickup P393 - 2003 Oldsmobile P445 - 2004 Chevrolet If you have any questions or concerns, please contact William Sunderlin, Director of Purchasing at 851 -5695 Thank you in advance for you cooperation and expediency in addressing this matter Mr. Smith moved: That the above item be, and the above communication from the Director of Purchase, dated July 16, 2012, be received and filed; and That Division of Purchase is authorized to transfer the vehicles from the Dart Street Impound Garage to the Buffalo Police Department Fleet, as listed the July 16, 2012 Communication. PASSED AYES 9 NOES 0 NO. 48 APPROVAL TO UPDATE /REPLACE VEHICLE IN BUFFALO POLICE FLEET I hereby submit to Your Honorable Body a request to update the Buffalo Police Department fleet at no cost to the City of Buffalo. Per seizure done by Homeland Security Inv. (HIS) in conjunction with the Buffalo Police Department U.S. Customs /I.C.E. task force officer, the Buffalo Police Department request permission to take into its fleet a 2002 Chevy Pick -Up to be used by the Buffalo Police Department. This vehicle will not be a take home vehicle and will replace vehicle P -903 a 1999 Chevy Subn that was sold at auction by the Division of Purchase. H.S.I. and U.S. Customs have agreed to release the 2002 Chevy Pick Up with no fees or cost to the City of Buffalo. Mr. Smith moved: That the above item be, and the above communication from the Director of Purchase, dated July 19, 2012, be received and filed; and That the Division of Purchase is authorized to replace vehicle P -903,a 1999 Chevy Suburban, with a 2002 Chevy pick -up to be used by the Buffalo Police Department. This vehicle will not be used as a take home vehicle. PASSED AYES 9 NOES 0 FROM THE COMMISSIONER OF COMMUNITY SERVICES & RECREATIONAL PROGRAMMING NO. 49 AGMT WITH SAY YES TO EDUCATION, INC. FOR PURCHAE AND IMPLEMENTATION OF SOFTWARE PROGRAM City's Department of Community Services & Recreational Programming's Proposed Agreement with Say Yes to Education Inc. for the Purchase and Implementation of a Monitoring Software Program to Assist and Benefit Children of the City of Buffalo to avail themselves of College scholarship opportunities. The City of Buffalo Department of Community Services & Recreational Programming (the "Department ") is positioned to engage Say Yes To Education, Inc. ( "Say Yes ") to help purchase and implement a monitoring software program through Niagara IT Solutions. Inc. ( "Niagara ") to assist children in the City of Buffalo avail themselves of College scholarship opportunities with and at SUNY, CUNY and Community colleges and other eligible colleges. Accordingly, the Department requests your Honorable Body to: 1. Grant the Deputy Commissioner and the Department the specific authority to enter into an agreement in form and substance similar to the agreement attached hereto and expend up to $164.975 to achieve these objectives, 2. Authorize the Department and or other appropriate City staff to take all such steps and actions and to execute and or process such additional - documentation, agreements and or modifications thereto as shall be necessary to facilitate and implement the terms and provisions of these objectives and the agreement, and 3. Direct the Corporation Counsel and other appropriate City and Department personnel to negotiate to finalization said agreement and other necessary documentation and agreements wherever necessary for execution and actual implementation of the above tasks and objectives, Mr. Smith moved: That the above item be, and the above communication from the Department of Community Services & Recreational Programming, dated July 19, 2012, be received and filed; and That the Common Council hereby grants the Deputy Commissioner of the Department of Community Services & Recreational Programming to enter into an agreement to purchase and implement a monitoring software program through Niagara IT Solutions, Inc. and authorizes the. Department of Community Services & Recreational Programming and /or other appropriate City staff to take all such necessary steps and actions and to execute and /or process such additional documentation, agreements and /or modifications thereto as shall be necessary to facilitate and implement the terms and provisions of the agreement, and directs the Corporation Counsel and other appropriate City and department personnel to negotiate to finalization said agreement and other necessary documentation and agreements whenever necessary for execution and actual implementation of the tasks and objectives. Copy available for review in the City Clerk's Office PASSED AYES 9 NOES 0 FROM THE CITY CLERK NO. 50 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 104 Fillmore Top Hill Grill Karen Tunis 62 Allen The Cafe at 59 Allen Street Christopher Connolly 1077 E. Ferry St 4 h Quarter Sports Bar Lakisha Prim 5 Austin St Grand Lady Cruises Inc Richard A. Deegan Bflo Museum of Science Bflo Museum of Science Benay J. Legree- Robinson RECEIVED AND FILED NO. 51 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: Comptroller- Richard Fanton Public Works, Streets & Parks- John Reid Police- Donna Donovan City Clerk - Julia Paul RECEIVED AND FILED. NO. 52 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. 53 APPOINT LEGISLATIVE AIDE(MAS)EXEMPT)(GARLAND,III) Certificate of Appointment Appointment effective 7/10/12 in the Department of Common Council Division of Masten District to the Position of Legislative Aide Unclassified Exempt Flat starting salary of $36,242 Frank Garland III, 64 Urban Street, Buffalo 14211 ADOPTED NO. 54 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 7/18/12 in the Department of Common Council Division of Fillmore District to the Position of Intern VIII Unclassified Non - Competitive Flat starting salary of $15.00 per hr. Colleen Mulvaney, 75 Coolidge Road, Buffalo 14220 NO. 66 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 7/19/12 in the Department of Common Council Division of City Clerk to the Position of Intern VI Unclassified Non - Competitive Flat starting salary of $10.00 per hr. Tyree Parker, 351 Northumberland, Buffalo 14215 NO. 66 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 7/10/12, In the Department of Public Works, Parks & Streets, in the Division of Parks, to the Position of Supervising Lifeguard, at the Flat rate of $12.19 Chelsea Gabamonte, 134 Military Rd Buffalo 14207 Sarah O'Brien, 40 Wingate Ave. Buffalo 14216 Damian Reed - Wheeler, 15 Meriden St. Buffalo 14220 Catherine Wright, 667 Richmond Ave. Buffalo 14222 Certificate of Appointment Appointment Effective 7/10/12, in the Department of Public Works, Parks & Streets, in the Division of Parks, to the Position of Lifeguard, at the Flat rate of $12.06 Nathan Kline, 37 Rounds Ave. Buffalo 14215 Timothy Ryan, 182 McKinley Pkwy. Buffalo 14220 Margaret Scherer, 55 Kenefick Ave. Buffalo 14220 Warren Adams,306 Purdy Buffalo 14208 Liana Rodriguez, 144 Riverside Buffalo 14207 Megan Morcio, 102 S. Pierce St. Buffalo 14206 Shaquelle Walker, 235 Schuele Buffalo 14215 Cailin West, 81 Gorski St. Buffalo 14206 MacKenzie Zakowski, 70 Good Ave. Buffalo 14220 Alexandro Zarbo, 1726 South Park Buffalo 14220 Treykel McGee, 425 Parker Ave. Buffalo 14216 McKenzie McMahon, 40 Kenefick Ave. Buffalo 14220 Precious Lugo, 334 Weimar St. Buffalo 14206 Brett Andersen, 149 Montrose Ave. Buffalo 14214 Shane Casado, 121 Norman Buffalo 14210 Ilon Crittenden, 39 Parkview Buffalo 14210 Certificate of Appointment Appointment Effective 7/12/12, in the Department of Public Works, Parks & Streets, in the Division of Parks, to the Position of Lifeguard, at the Flat rate of $12.06 Allison Medolera, 383 Fargo Ave. Buffalo 14213 James Gallivan, 230 Tacoma Ave. Buffalo 14216 Mercedes Silvestre, 42D Carolina St. Buffalo 14201 Certificate of Appointment Appointment Effective 7/09/12, in the Department of Permit & Inspection Services, in the Division of Inspections, to the Position of Clerk, at the Hourly rate of $12.06 John Caputo, 317 Fargo Ave. Buffalo, NY 14213 Certificate of Appointment Appointment Effective 7/09/12, in the Department of Public Works, Parks & Streets, in the Division of Engineering, to the Position of Laborer II, at the Flat rate of $12.06 Wilbert Jones, 15 Humason Ave. Buffalo 14211 Certificate of Appointment Appointment Effective 7/16/12, in the Department of Public Works, Parks & Streets, in the Division of Streets, to the Position of Laborer II, at the Flat rate of $12.06 Tamar Redden NO. 67 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 7/19/12, in the Department of Public Works, Parks & Streets, in the Division of Parks, to the Position of Lifeguard, at the Flat Rate of $12.06 Andrew Tillery, 162 North Ogden Buffalo 14206 Greta Rizzo, 150 Goethe St. Buffalo 14206 Eduvijez Sanchez, 79 Hampshire Buffalo 14213 Shane Palistrant, 25 Mayer Ave. Buffalo 14207 Joshua Aponte, 869 Prospect Ave. Buffalo 14203 Brittany Allen, 151 W. Woodside Ave. Buffalo 14220 Certificate of Appointment Appointment Effective 7/20/12, in the Department of Public Works, Parks & Streets, in the Division of Parks, to the Position of Lifeguard, at the Flat Rate of $12.06 Christian Leal, 264 Roesch St. Buffalo 14207 NO. 58 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 7/09/12, in the Department of Public Works, Parks& Streets, in the Division of Engineering, to the Position of Administrator, at the Minimum Salary of $59,009 Valerie Crespo, 421 Baynes St. Buffalo 14213 Certificate of Appointment Appointment Effective 7/16/12, in the Department of Public Works, Parks& Streets in the Division of Water, to the Position of Meter Reader, at the First Step Salary of $22,423 Andre Berdych, 36 Howell St. Buffalo 14207 Certificate of Appointment Appointment Effective 6/19/2012, in the Department of Fire, in the Division of Fire, to the Position of Senior Account Clerk Typist, at the Minimum Salary of $36,079 Pamela Zawistowski, 164 Alabama St. Buffalo 14204 NO. 59 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 7/23/2012, in the Department of Audit and Control, in the Division of Audit, to the Position of Assistant Auditor, at the Minimum Salary of $38,751 Michael Rotert, 350 St. Lawrence Ave. Buffalo 14216 Certificate of Appointment Appointment Effective 7/23/12, in the Department of Audit and Control, in the Division of Accounting, to the Position of Assistant Accountant, at the Minimum Salary of $38,751 Teresa Belton, 583 Spring St. Buffalo 14204 NON - OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON - OFFICIAL COMMUNICATIONS NO. 60 R. BALL - INCREASING NUMER OF POLES ON CLINTON ST Dear Sir; We are doing a new banner program and increasing the number of poles. These are the new pole numbers on Clinton Street 1.1187 5.1435 2.1196 6.1453 3.1205 7.1463 4.1435 8.1479 9.1491 On Bailey Street poles 1.518 2.540 We would like you to inspect all the poles seeing it's been seven years of our banner program to make sure their safe. Sincerely, Robert A. Ball President RECEIVED AND FILED AND REFERRED TO THE COMMISSIONER OF PUBLIC WORKS NO. 61 BUFFALO WATER BD- MONTHLY WATER REPORT -JUNE 2012 Copy available for review in the City Clerk's office RECEIVED AND FILED NO. 62 LP CIMINELLI -BOARD PACKET DOCUMENTS -JULY 2012 Attached are the following documents from the Joint Schools Construction Board meeting scheduled on July 9, 2012: 1. Draft Agenda 2. Meeting Minutes from JSCB Meeting dated June 4, 2012 3. Fully Executed Phase II Application and Certificate for Payment No. 46 - May 2012 4. Fully Executed Phase III Application and Certificate for Payment No. 49 - May 2012 5. Fully Executed Phase IV Application mad Certificate for Payment No. 47R- May 2012 6. Fully Executed Phase V Application and Certificate for Payment No. 30 -May 2012 7. Phase II Application and Certificate for Payment No. 47 - June 2012 8. Phase III Application and Certificate for Payment No. 50 - June 2012 9. Phase IV Application and Certificate for Payment No. 48 - June 2012 10. Phase V Application and Certificate for Payment No. 31 - June 2012 11. Program Packaging and Development Services (PPDS) Provider Update 12. Bevlar & Associates Inc. Construction Contract Monitoring and Compliance Services Monthly Report for Addendum 1 Phase IV Project -May 2012 13. Bevlar & Associates Inc. Construction Contract Monitoring and Compliance Services Monthly Report for Addendum 1 Phase V Project - May 2012 14. Inclusion Development Associates, Inc. Construction Contract Compliance Monitoring Monthly Report for Phase IV - May 2012 15. Compliance & Administrative Services of New York Compliance Monthly Report for Phase V- May 2012 Copy available for review in the City Clerk's Office REFERRED TO THE SPECIAL COMMITTEE ON EDUCATION NO. 63 G. GIFFORD- LETTER TO FEDERAL TRANSIT ADMINISTRATION RE CARS SHARING MAIN ST CITIZENS for REGIONAL TRANSIT 617 Main St., Buffalo, New York 14203 716 - 836 -2825 crtc(aeitlzenstransit.orq July 9, 2012 Peter Rogoff Administrator Federal Transit Administration East Building, Room E 57 -310 1200 New Jersey Avenue, SE Washington, DC 20590 Dear Mr. Rogoff: This letter reviews the project "Cars Sharing Main Street" in Buffalo, NY. Citizens for Regional Transit (CRT) does not have the capacity to lodge a formal complaint; therefore this letter serves as a public record of the project, exposing serious environmental justice flaws of the project. The project in question is the "Main Street Multi -modal Access and Revitalization Project ", aka "Cars Sharing Main Street" project in Buffalo, NY CRT hereby claims that the Cars Sharing Main Street project exposes all transit riders of the Niagara Frontier Transportation Authority (NFTA) system to impacts which seriously violate environmental justice principles, in these ways: it imposes a disparate impact on minority, disability and low- income populations; it violates the mission of the project and of the NFTA; and it ignores less discriminatory alternatives. CRT further cites the failure of the NFTA and of the FTA to conduct a proper evaluation of the project according to environmental justice guidelines The complaint proceeds along these lines 1 The Cars Sharing Main Street project imposes a disparate impact on transit riders, by eliminating the Theater Station. Removal of the Theater Station will impact the 2.000 daily riders who use this station, forcing them to either use a car to reach their destination, walk to /from the next station on the line, or stop using transit. This station is currently the destination of choice for many patrons who attend the several theaters in the 600 block of Main Street in addition to serving those who work or live in the area Each station on Metro Rail contributes to the high ridership of the rail line Elimination of the Theater Station, or any other station, will place an undue burden on transit riders to reach the stations further along the line. Since the majority of transit riders in Buffalo are minority and low- income, elimination of a station on the light rail line constitutes an unintentional form of discrimination. Furthermore, elimination of the Theater Station restricts previously available access for the disability community and is contrary to the spirit of the Americans with Disabilities Act. 2. The Cars Sharing Main Street project violates its stated goal to increase light rail ridership, which is violated by eliminating the Theater Station. Metro Rail is already the most heavily used route in the NFTA system; therefore; the only way to increase ridership is to attract more people who ride by choice, i.e., to go downtown for an attraction. The theaters attract many patrons who travel by Metro Rail because the Theater Station drops them off within easy walking distance of the theaters. Elimination of the Theater Station eliminates this option for choice riders, hence reducing light rail ridership, not increasing such ridership 3 The Cars Sharing Main Street project violates the mission of the NFTA. The NFTA declares that its core mission is "providing efficient and professional transportation services that enhance the quality of life throughout the Buffalo Niagara region in a manner consistent with the needs of our community (website statement, 6- 1 -12) ?' The project violates the NFTA core mission since it removes part of the transit service (Theater Station) and inhibits the efficient operations of the transit system by allowing traffic to drive on the trackbed 4 The Cars Sharing Main Street project has consistently ignored several less disruptive and discriminatory alternatives which allow vehicles on Main Street while supporting the transit system For example, an early alternative (offered in 1998) would be return cars to those blocks of Main Street which have no Metro Rail stations, and invest m transit - oriented development in the blocks which contain Metro Rail stations. 5. The Cars Sharing Mare Street project is evidence of the failure of both the NFTA and of the FTA to conduct a proper evaluation of the project according to environmental justice guidelines. The NFTA did not conduct its own Service and Fare Equity Analysis m regard to this project because the NFTA staff deemed the impacts of the project, i.e., elimination of the Theater Station and potential disruptions to the transit system from vehicles sharing the trackbed, to be not significant. Instead, the NFTA accepted the environmental justice analysis as conducted by the project sponsors and submitted to the FTA as the Environmental Assessment (EA). The EA was prepared principally by Buffalo Place Inc. and included no environmental justice survey conducted with the households then living within the project area Rather, the EA relied on census tract data, and did not take into consideration the whole ridership of the transit system After many exchanges regarding the wording of the EA, 2006 -2009, the EA was submitted to the FTA for final approval The FTA did not question the brief summary of environmental justice impacts offered in the EA. The FTA rendered a Finding of No Significant Impact ( FONSI) m 2009. The FONSI wording showed that the FTA accepted the latest version of the EA at face value. CRT prepared detailed comments on the EA and submitted them to James Goviea, FTA, May 13, 2009 No response was received from the FTA at that time, acknowledging the objections raised by the CRT. Consequently, the Cars on Main Street Project has progressed to the point of letting bids for construction on the current design without the conduct of a full evaluation of impacts in accordance with the intentions of the environmental justice guidelines as promulgated by the FTA. The CRT decries the expected removal of the Theater Station and the eventual disruptions to transit service caused by vehicular traffic on the trackbed transiting downtown Main Street, Buffalo, NY. as a result of the Cars Sharing Main Street project. As an advocate for public transit CRT seeks a reply from the NFTA and the FTA which explains the environmental justice principles as they relate to the Cars Sharing Main Street project, Buffalo, NY Sincerely, Gladys Gifford, President REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 64 M. LOCURTO- CORRESPONDENCE REQUESTING NYSDOT TO DOWNGRADE SCAJAQUADA PKWY Dear Mr. Kaminski: I write you today regarding the planning efforts of the New York State Department of Transportation for the downgrade of the Scajaquada Expressway. I am very grateful for the efforts NYSDOT and Bergmann have taken so far to include public input and present their findings to the community. The feedback we have heard thus far about improvements to the Delaware and Elmwood Avenue interchanges, amongst others, has been positive. The two areas about which there remain questions and concerns are Parkside Avenue and Main Street as detailed in Design Alternative 2. As you are not doubt aware, speeding and congestion on Parkside Avenue have been an issue for decades, and the confusing intersection of Main Street, the Kensington Expressway, and Humboldt Parkway have caused traffic concerns for just as long. Additionally, the expressway has encroached upon and impeded access to one of the crown jewels of the Olmsted Parks system, Delaware Park. I cannot support a project that does not create an overall parkway -like experience along the entire corridor. I know the residents of these neighborhoods and the Olmsted Parks Conservancy are willing to participate in further dialogue about these issues as the project moves forward, and it is my hope that a satisfactory resolution to these issues will be developed. If you wish to discuss these matters, please feel free to contact my office at 851 -5155. Sincerely, Michael L. LoCurto Delaware District Councilmember RECEIVED AND FILED NO. 66 R. OROZCO- SIGNED AFFIDAVIT RE CONDITIONS AT 602 AND 620 BABCOCK ST STATE OF NEW YORK CITY OF BUFFALO COUNTY OF ERIE RUDY OROZCO, being duly sworn, deposes and says: 1. 1 am the applicant before the City of Buffalo for Scrap Processor Licenses for property located at 602 and 620 Babcock Street in the City of Buffalo, New York, and for a Wholesale Junk Dealer License at 620 Babcock Street in the City of Buffalo, New York. 2. In the operation of a scrap processing business and junk a dealing "business at these properties, I represent that I will not any time engage in the operation of concrete crushing on said premises. 3. 1 further represent that I will not allow more than 1,000 tires to be present on said premises at any time and that such tires shall be stored in accordance with all New York State Department of Environmental Conservation rules for the handling, storage and disposal of such tires. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 66 D. PRIDGEN - KCA -REQ DENY ZONING CHANGE 321 PENNSYLVANIA(ELL) I would like to file the attached information for the next Common Council meeting to be held on July 24, 2012. Thank You, Darius G. Pridgen Ellicott District Council Member Kleinhans Community Association 28 Orton Place Buffalo NY 14201 Kleinhansca.org Buffalo Zoning Board of Appeals, With respect to Application 181274 for the re- establishment of a grocery store, The Kleinhans Community Association (KCA) requests that the board deny the proposed zoning change for 321 Pennsylvania. Enclosed is a map showing the boundaries of the KCA, it also shows the locations of two existing grocery stores and one soon to open deli. The members of the KCA were quite adamant about the addition of another grocery store in the neighborhood. Another grocery store will not be of a benefit to the neighborhood. The most common word people used was oversaturation! The members of the KCA are as diverse a group as our neighborhood, in fact, they are the neighborhood. In a unanimous vote, The Kleinhans Community Association is in total opposition to application 181274, for re- establishing a grocery store at 321 Pennsylvania. Sincerely, John Allen President Kleinhans Community Association RECEIVED AND FILED AND REFERRED TO THE ZONING BOARD OF APPEALS NO. 67 D. PRIDGEN -LHI SEEKS TO BE A RESOURCE TO PROVIDE KNOWLEDGE, EXPERIENCE AND NETWORKING TO ACCOMPLISH EXCELLENT OUTCOMES Gerald Chwalinski Council Member Darius G. Pridgen July 24, 2012 Langston Hughes Institute I would like to file the attached information for the next Common Council meeting to be held on July 24, 20t2, Thank You, Ellicott District Council Member Dear Council Member Pridgen: I am writing to follow up on discussions we have had regarding: The African American Heritage Corridor; relocation of the City Garage; the development of an Urban Arts Center; and the operation and development of the Johnnie B Wiley Amateur Athletic Sports Pavilion. As an arts and cultural organization, with more than forty (40) years of continuous service to the Buffalo - Niagara Region, the Langston Hughes Institute (LHI) seeks to be a resource to you and the City Administration. Our aim is to provide knowledge, experience and networking that is relevant to accomplishing excellent outcomes. Michigan Street African American Heritage Corridor The development of the New York State designated, African American Heritage Corridor (The Corridor), offers to our region a unique and significant opportunity to impact the quality of life of city residents, visitors and tourists. The local impact has social and economic potential responsive to critical needs of job growth, as well as social diversity and local development of African American economic capacity. There are observable needs and opportunity within the physical environment of the Corridor. A leadership response to these needs and development potential requires the engagement of arts and cultural stakeholders located within the Corridor as well as the community of residents and businesses within the neighborhoods surrounding the Corridor. LHI an arts /cultural stakeholder preserving historic property and developing new facilities at Broadway and Michigan (the heart of the Corridor) and the State established Corridor Commission have hosted advisory meetings on development of the Corridor. 136 Broadway, Buffalo, New York 14203 (716) 844 -8831 Fax (716) 931 -5765 LangstonHi @yahoo.com "Building for Posterity" We have been informed that the City budget includes the proposal for the construction of an "archway" as an iconic gateway to The Corridor. It is an appealing idea. LHI welcomes the opportunity to be of assistance in public outreach, particularly artists and craftsmen, with technical assistance appropriate for project development and feasibility. Engaging professionals from the field and the public at the conceptual level is relevant to determining feasibility and suitability. There are African American artist locally and nationally that could lend professional assistance and would love to have the opportunity to create an iconic sculpture. Outside the Main /Utica St. Rail Station, on the grass area of the bus turnaround there is a fantastic sculpture: Sirius B, inspired by the Dogon people of Mall. It is the work of, Buffalo native, George Smith. This may give a reference point to potential and scale. City Sanitation Garage Moving the City Sanitation Garage from Broadway and Nash is a 40 year old commitment. The Ellicott District Urban Development Plan that built new homes adjacent to the garage and phased in new home builds throughout the nearby streets included moving it. This was the promise of the City to those home buyers. Having met with the Mayor and been told that there is work moving forward on it, it seems that the work he was referring to is relevant to the development of an Urban Arts Center on the garage site once it is moved. Our interest as a neighbor of the City Sanitation Garage in seeing it moved is the same as that of neighborhood residents, same as other arts and cultural stakeholders..- how soon? There has been no information provided on the actual plan and function of making the garage site shovel ready, with preservation of the part of the structure that is historic. The meaningfulness of the accomplishment of moving the garage has broad capacity building and economic stimulus benefits. Value created to the city by a new sanitation facility should be a stimulus. An Urban Art Center The current plan to engage consultants in developing a Master Plan for an Urban Art Center is seriously flawed. The RFP process, by which the City Administration solicited proposals, raises questions of accountability and responsibility for the integrity of the effort. The process emerged without transparency, and without engaging the constituency to be served, or the people and Corridor stakeholders to be affected. The document was flawed in its presentation having deleted the names of those originally identified as the Urban Center Arts services providers. Instead the RFP was issued with an unnamed constituency having simply deleted the names of those who were actually responsible for establishing the Art Center development planning. I and several others from LHI participated with the African Cultural Center Ujilma Company, and Buffalo City Ballet in conceptualizing a "World Class performance arts and exhibit /gallery facility ". This conceptualizing was done as a part of our own collaborative initiative. We were then invited to meet with the Mayor to discuss the development of an Art Center downtown. The base of information that was utilized to request the Federal funds for planning was derived from our advocacy. For the City to arrive at this point of planning to award a contract for a Consultancy without any engagement of those who are necessary to the process must be addressed. To the extent that the contract award can be delayed, it should be. A review of the scope, focus and purposes of the consultancy is necessary to establish the essential function of engaging those originally named Art Center sponsors and The Corridor arts and cultural stakeholders as partners with the City. Since the planning for an Urban Art Center on the garage site would work in tandem with the plan for moving the garage, it would be appropriate to share information relevant to the development timetable and funding for the new sanitation garage. Johnnie B Wiley Amateur Athletic Sports Pavilion Community access to the Johnnie B Wiley has been problematic over the years. In one instance, public demonstration led by Rosa Gibson led to the chains on the gate being cut to let children in to a new facility neglected by the city. Today the issue remains community access and neglect. While the circumstances have changed from the time of the demonstration, they have not really changed in ways that serve the community. The operation of the Sports Pavilion neglected by the city has been left on the shoulders of the Pavilion Board and the Board of Education. In this relationship, the Board operates without consultation with the Pavilion Board and has advanced its plans for usage of the facility as a Board facility providing community access and planning information on their terms. The capital development currently in progress responds to deteriorated and hazardous conditions. It also by design is intended to build capacity by renovating the second floor for use. However, it is not clear that renovation completion is budgeted, thereby accomplishing functionality and public assembly use. Greater clarity from the City on funding for capital development and community services operations at the site is needed. The issues and concerns expressed are fundamentally related to the organizational and operational authority that governs the facility as a City Charter authorized function of City government. The purposes, governance structure and funding for the Sports Pavilion are stated in the City Charter. This has not been observed or respected by the City Administration, Board of Education and the Pavilion Board which I am a part of. According to the City Charter: • The Board is appointed and sworn in by the Mayor; • The City would maintain an operational budget for the facility through Block Grant Funding; • The Sports Pavilion Board is the operating authority and therefore is party to any and all Agreements /contracts for the facility. These three points have not been complied with by the City. In addition, the Pavilion Board itself has been dysfunctional, lacking in organizational practice, administrative service system, without staff and proper attendance of Board of Education appointees. The result of these circumstances is loss of access, loss of opportunity for the community, the children. The commitment made under the Griffin administration when the facility was built was a community based and operated facility for shared usage of schools and community athletics. This is written into the Charter as governance drawn from both community and Board of Education. The intent was not to turn the facility over to the Board either financial or operationally. Current planning by the Board for further changes in the facility was initiated without the participation of the Pavilion Board or community consideration. The ideas, concerns and considerations I am sharing with you provide a basis to better serve community building and the development of both the African American Heritage Corridor and the Wiley Sports Pavilion. In this way, LHI would like to contribute to creating social, economic and environmental value improving the Quality of Life for all citizens. I look forward to working with you. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT. NO. 68 K. PRIVATEER -W. KERESZTEZ- SUPPORT PILOT 311 TO ACCEPT BFLO SCHOOL COMPLAINTS On behalf of the Superintendent of Schools, Dr. Pamela C. Brown and the Board of Education, please extend our thanks to Honorable Council Members Smith, Fontana, and Pridgen for their sponsorship of the 311 pilot. We agree that it marks a high point in intergovernmental collaboration and look forward to its implementation. Please direct this response to appropriate parties including the 311 staff administrator who will work with me to design the pilot. I may be contacted at any time to commence this work. Thank you. REFERRED TO THE SPECIAL COMMITTEE ON EDUCATION NO. 69 D. RIVERA -BURAS DOWN PAYMENT CLOSING COST ASSISTANCE PROGRAM Dear Mr. Chwalinkski, Please consider the attached letter from Heart of the City regarding BURNs Down Payment Closing Cost assistance program for today's Common Council session. I would like to have this item marked to be sent to the Community Development committee on July 31, 2012 for discussion. Thank you. David A, Rivera Niagara District Common Council Member 1504 City Hall, Buffalo NY 14202 Dear Mr. Rivera, As you know, Heart of the City Neighborhoods is administering a program called H.O,P.E. [Home Ownership Provides Equity). This program targets homes which are considered neighborhood nuisances and problem properties in an effort to eliminate blight and the negative perceptions associated with urban living. Adaptive reuse of an H.O.P.E. home will usually include new mechanics— updated plumbing, electrical, and gas systems, updated kitchens and bathrooms, replacement of windows and doors, in addition to new floor coverings. This effort aims to ensure long -term affordability, creating a new home within an 1890's frame. When rehabilitation is complete the renewed home is then sold at market rate regardless of rehabilitation costs to an income - qualified first time home buyer. We have secured o buyer from the community for one of our HOPE homes; however we were lust informed that the applicant for the property at 251 Whitney Place is not going to receive her closing cost assistance grant from the Buffalo Urban Renewal Agency. She was going through the Matt Urban Center for her required homebuyer education and was told that she would also qualify for the City's Down Payment Closing Cost assistance program. She followed the procedures and was approved for the program. In knowing that she was set with her closing cost, we then set the closing date for August 10 -h once we found out that HUD has frozen the funds that BURA would disburse we pushed the closing date to September 16 while we try and figure out how we can help —his working single morn of two purchase her first home. Councilman Rivera. we ask that you and your fellow Council Members review this case and determine what interim support can be given to such individuals. Her mortgage company is willing to give her 2,000 towards her closing cost. We are giving her $10,00(J towards her down payment but can't give any additional resources towards the closing cast. She just needs $3,000 mere to offset the remaining closing cost expenses. I think we can both agree that is not her fault that this happened, but she and her family deserves to be in a home. I hope you can help. Should you need anything Further please contact me at my office, Monday through Friday during business hours at 716- 882 -7661 ext. 200. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 70 D. SMITH - DISTRICT PARENT COORD COUNCIL - MAXIMIZING PARENT ENGAGEMENT Item available for review in the City Clerk's Office REFERRED TO THE SPECIAL COMMITTEE ON EDUCATION NO. 71 J. WASHINGTON- PROTECTION OF THE PUBLIC AGAINST UNMANNED AERIAL VEHICLES(DRONE) ORDINANCE of the City (Town, Village, County) PROTECTION OF THE PUBLIC AGAINST USE OF UNMANNED AERL —.L VEHICLES (DRONES Whereas: 1. United States an -space is the busiest in the world, with up to 87,000 flights per day, including commercial airliners and freight haulers, air taxis and private and military aircraft. Unmanned aerial vehicles (referred to in the remainder of this ordinance as drones) are not now allowed in United States general airspace because of the threat they present to other aircraft. Under the Federal Aviation Administration (FAA) Modernization and Reform Act of 2012 the FAA is directed to create regulations that will enable drones to fly throughout US airspace by September 2015. 3. Small drones, 25 pounds or under, are now permitted to fly in general airspace below 400 feet for the use of police and first responders, with FAA permission. Drones have limitations in "vision" compared to the vision of human pilots, do not have the same capability to avoid other aircraft as aircraft piloted by humans, and there has been at least one instance outside the United States of a drone collision with an aircraft with a human pilot on aboard and as well as a near miss. These instances occurred in airspace much less crowded than that of the United States. 5. Drones have at times gotten out of human control, in at least one instance having to be shot down, and drones are susceptible to having control seized electronically by unauthorized operators. 6. Drones have the capability of carrying a variety of weapons, including 12 -guage shot guns, tear gas, rubber bullet guns, bombs and missiles, but drones have significant limitations in identifying specific individuals and groups. 7. Unmanned aerial vehicles have the capability to watch individuals, groups and populations on a 24 -hour basis, following and recording their movements for days and weeks in an unprecedented way. 8. Unmanned aerial vehicles have the capability to continuously monitor ceil -phone and text messaging of individuals, groups and populations. 9. Drones are being developed that will use computerized facial images to target individuals and, once launched, to operate, autonomously, without further human involvement, to locate and kill those individuals. We find therefore that: Drones present an unreasonable and unacceptable threat to public safety in the air and to persons and property on the ground in the City of Buffalo due to limitations in drone "vision ", capability to avoid other aircraft and adequate control, and Armed drones and surveillance drones present an unreasonable and unacceptable threat to the rights of individual privacy, freedom of association and assembly, equal protection and judicial due process in the City of Buffalo Therefore: 1. Drones are hereby banned from airspace over the City of —, including drones in transit. Flying of a drone within the airspace of the City of Buffalo it shall be considered a gross misdemeanor carrying a penalty of up to one year in jail and a fine not to exceed $5,000. More than one offense of flying a drone within said airspace will be considered felonies, with jail time and fines based on the number of violations. (Specifies on misdemeanor and felony classifications and penalties will vary by locality.) 2. Drones will not be purchased, borrowed, tested or otherwise used by any agency of the City of Buffalo REFERRED TO THE COMMITTEE ON LEGISLATION PETITIONS NO. 72 A. TERRAGNOLI, AGENT, USE 766 ELMWOOD- CHANGE IN USE -A PORTION OF BLDG TO SIT -IN RESTAURANT (HRG 7 /31)(DEL) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 73 A. TERRAGNOLI, AGENT, USE 630 OHIO - EXTERIOR AND INTERIOR ALTERATIONS FOR A SHOWROOM (HRG 7 /31)(SOUTH) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 74 A. WILLIG, AGENT, USE 1515 KENSINGTON TO ERECT A LED GROUND SIGN (HRG 7 /31)(UNIV) REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND ZONING BOARD OF APPEALS NO. 75 J. CIRILLO, AGENT, USE 3 51 GRIDER TO PLACE A NON - ILLUMINATED SIGN (NO HRG)(MASTEN) REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND ZONING BOARD OF APPEALS NO. 76 M. PACIFIEO, AGENT, USE 2132 SOUTH PARK TO REPLACE THE FACE OF AN EXISTING POLE SIGN WITH AN LED READER BOARD (SOUTH)(NO HRG) REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE ZONING BOARD OF APPEALS NO. 77 PETITION REFERRED TO THE COMMITTEE ON LEGISLATION HALL & O- CONCERNS INTERSECTION DELAWARE AND W UTICA We are residents residing in and around Delaware avenue and West Utica street and are extremely concerned about the many serious and sometimes fatal accidents happening at this intersection.. Another accident recently occurred between a motorcycle and a truck causing severe head trauma to the motorcyclist. People crossing the street are fearful to access bus stops, churches and the nursing home. A few of suggestions would be: 1. Install a camera to identify cars who violate the NO LEFT TURN' signs and brazenly fly through the red lights. 2. A new signal with a green and red arrow. 3. Signs that designate "NO RIGHT TURN ON RED ". Management and the Tenant Council of Timon Towers have been trying for years to get something done to improve safety at these comers but the pleas have fallen on deaf ears. Drivers are anxious because the signs say "no left turn" during rush hours from Delavan all the way down to North St.. Please consider this petition RECEIVED AND FILED AND THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS REGULAR COMMITTEES CIVIL SERVICE (BONNIE E. RUSSELL, CHAIRPERSON) NO. 78 APPOINT ASSOCIATE ENGINEER(PERM)(MAX)(BIDELI)(PW) (CCP# 23, 7/10) Mrs. Russell moved That Communication 23 of July 10, 2012, be received and Filed and that the Permanent Appointment of John Bidell, 64 Huntley, Buffalo, NY 14215 Position of Associate Engineer at the Maximum Salary of $70, 928.00 is hereby approved PASSED AYES -9 NOES - 0 NO. 79 NOTICES OF APPOINTMENTS - TEMP /PROV /PERM(CTY CLK) CCP# 40; 7/10 Mrs. Russell moved That the above item be the same and hereby is Received and Filed ADOPTED FINANCE (CHRISTOPHER P. SCANLON, CHAIRMAN) NO. 80 M. POLACARZ -2012 ANNUAL REPORT REAL PROPERTY TAX SERVICE CCP#44, 7/10 Mr. Scanlon moved That the above item be the same and hereby is Received and Filed ADOPTED OMMUNITY DEVELOPMENT (JOSEPH GOLOMBEK, JR., CHAIRMAN) NO. 81 ST. JOHN'S TOWNHOMES - 276 MULBERRY (ELL)(STRAT PLAN) (ITEM NO. 5, C.C.P. JULY 10, 2012) That the above item be, and the same hereby is returned to the Common Council with a recommendation for approval: Mr. Golombek moved: That the transfer of 276 Mulberry to St. John's Townhouses LLC as part of the St. John's Land Disposition Agreement for 50 City -owned parcels is hereby approved upon the condition that no building /demolition permit shall issue with respect to said location until the Common Council has approved the same. This condition has been agreed upon by the purchaser and has no precedential value. Approved with conditions PASSED AYES -9 NOES -0 NO. 82 REPORT OF SALE - 213 NEWBURGH (LOV)(STRAT PLAN) (ITEM NO. 8, C.C.P., JULY 10, 2012) That the above item be, and the same hereby is returned to the Common Council with a recommendation for approval; Mr. Golombek moved: That the offer from Mr. Richard A. Brimm, Jr., 6666 Sheetram Road, Lockport, New York, in the amount of Two Thousand Five Hundred Dollars ($2,500.00) for the purchase of 213 Newburgh, 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. 83 D. PRIDGEN REQ. PORTION OF MAIN AND MASTEN TRAILBLAZER SIGNS "PASTOR BRENT C. MECALISTER WAY" (ITEM NO. 87, C.C.P., JULY 10, 2012) That the above item be, and the same hereby is returned to the Common Council with a recommendation for approval; Mr. Golombek moved: That the Commissioner of Public Works, Parks & Streets be, and he hereby is authorized to install trailblazing signs beneath the existing street signs on a portion of Main and Masten proclaiming that portion as "Pastor Brant C. McCalister Way." PASSED AYES -9 NOES -0 NO. 84 ST. JOHN TOWNHOMES II HOUSING DEVELOPMENT FUND COMPANY, INC. AND ST. JOHN TOWNHOMES II L.P. PILOT (STRAT PLAN) (ITEM NO. 58, C.C.P., JULY 10, 2012) That the above item be, and the same is hereby returned to the Common Council with a recommendation for adoption; Mr. Golombek moved: That the Office of Strategic Planning be authorized to approve a PILOT agreement between the City of Buffalo, the County of Erie, and St. John Townhomes II Housing Development Fund Company, Inc. and St. John Townhomes II, L.P., a New York Limited Partnership. The total development cost is projected to be $15,199,028.00. PILOT payments are in the amount of 3% of the total income assuming five percent (5%) vacancy. Payments will increase by three percent (3%) per year for the duration of the 15 -year PILOT. PASSED AYES -9 NOES -0 NO. 85 RESCIND SALE & FORFEIT DEPOSIT 64 HAYES (LOV)(STRAT PLAN) (C.C.P. #11, JUNE 26) Mr. Golombek moved: Mr. Golombek moved that the above item be recommitted to the Committee on Community Development ADOPTED NO. 86 J. GOLOMBEK -C. BANAS -WISH TO SPEAK ON BFLO GREEN CODE PROJECT (C.C.P. #34, JUNE 12) Mr. Golombek moved: That the above item be the same and hereby is Received and Filed. ADOPTED NO. 87 REMEDIATE DIRTY WATER AT RAIL LINES(EXC 1 sT 2ND &3 RD RES) (C.C.P. #81, JUNE 28) Mr. Golombek moved: That the above item be the same and hereby is Received and Filed. ADOPTED NO. 88 L. KELLY - CONCERNS RE: RAIL CORRIDOR ALONG REPUBLIC STEEL (C.C.P. #39, MAY 31) Mr. Golombek moved: That the above item be the same and hereby is Received and Filed. ADOPTED LEGISLATION (DARIUS G. PRIDGEN, CHAIRMAN) NO. 89 J. LITTLE, OWNER, USE 20 ALLEN TO RE- ESTABLISH REAR PATIO TO A BAR/RESTAURANT (FILL) (EDPI) (ITEM NO. 49, C.C.P., JULY 17, 2012) That the above item be, and the same hereby is returned to the Common Council with a recommendation for approval; Mr. Pridgen moved: That the above communication from the Department of Permit and Inspection Services dated July 10, 2012, be received and filed; and That pursuant to Section 511 -11 H (1), the application of J. Little, Owner, to reestablish terminated restricted use of rear patio to a bar /restaurant in the Allen Street District, is hereby approved upon the following conditions: 1. Patio to close at 12 midnight on weekdays and 1:00 a.m. on Friday and Saturday nights. 2. Will comply with NYS smoking laws and will continue to meet with neighbors with regards to smoking on patio. PASSED AYES -9 NOES -0 NO. 90 M. BRINKWORTH, OWNER, USE 223 ALLEN FOR AN OUTDOOR CAFE (FILL) (EDPI) (ITEM NO. 50, C.C.P., JULY 17, 2012) That the above item be, and the same hereby is returned to the Common Council with a recommendation for approval; Mr. Pridgen moved: That the above communication from the Department of Permit and Inspection Services, dated July 10, 2012, be received and filed; and That the application of M. Brinkworth, Owner, to place a 104" X 13' outdoor cafe in front of "Allen Street Bar and Grill ", located at 223 Allen Street, on private property in the Allen Street Special Zoning District. PASSED AYES -9 NOES -0 NO. 91 RESTAURANT DANCE CLASS III (NEW) - 20 ALLEN (FILL)(EDPI) (ITEM NO. 27, C.C.P. JULY 10, 2012) That the above item be, and the same hereby is returned to the Common Council with a recommendation for approval; Mr. Pridgen moved: That the Commissioner of Permits and Inspections Services is hereby authorized pursuant to Chapter 150 of the City Code to issue a Restaurant Dance Class III License (new) to John C. Little d /b /a Funky Monkey located at 20 Allen. PASSED AYES -9 NOES -0 NO. 92 RESTAURANT DANCE LICENSE (RENEWAL) - 946 MAIN (FILL)(EDPI) (ITEM NO. 28, C.C.P., JULY 10, 2012) That the above item be, and the same hereby is returned to the Common Council with a recommendation for approval; Mr. Pridgen moved: That the Commissioner of Permits and Inspections Services is hereby authorized pursuant to Chapter 150 of the City Code to issue a Restaurant Dance Class License to Roslyn Righetti d /b /a Ohm Ultra Lounge, located at 946 Mai. Street. PASSED AYES -9 NOES -0 NO. 93 SECOND HAND DEALER - 1109 ELMWOOD (DEL)(EDPI) (ITEM NO. 30, C.C.P., JULY 10, 2012) That the above item be, and the same hereby is returned to the Common Council with a recommendation for approval; Mr. Pridgen moved: That pursuant to Chapter 254 of the City Code, the Commissioner of Economic Development Permit and Inspection Services be, and he hereby is authorized to grant a Second Hand Dealer License to Joseph Maniaci d /b /a Allentown Music located at 1 109 Elmwood. PASSED AYES -9 NOES -0 NO. 94 FOOD STORE LICENSE (NEW) - 1517 BROADWAY (FILL)(EDPI) That the above item be the same and hereby is returned to the Common Council without recommendation Mr. Pridgen moved: That the above item be, and the above communication from the Department of Permit and Inspection Services, dated Jun 20, 2012, be received and filed; and That the Commissioner of Permits and Inspections Services is hereby authorized pursuant to Chapter 194 of the City Code to issue a Food Store License to Tammam Abdulsalam Mused d /b /a Sanaa Mini Mart Inc. located at 1517 Broadway, is hereby approved upon the following conditions: 1. No outside portable signs on property; 2. No signs that block windows; 3. No hand painted signs on outside of building; 4. Security cameras to be operational inside and outside of store; and 5. Store to close at 11:00 p.m. Sunday through Thursday and at 12 midnight on Friday and Saturday PASSED AYES -9 NOES -0 NO. 95 SCRAP PROCESSOR 409 HERTEL (NORTH)(EDPL)( #39,6/26)( #67,7/10) That the above item be, and the same hereby is returned to the Common Council without recommendation; Mr. Pridgen moved: That the above item be recommitted to the Committee on Community Development. ADOPTED. NO. 96 WHOLESALE JUNK DEALER 409 HERTEL ( NORTH )(EDPL)(#40,6 /26)( #68,7/LO) That the above item be, and the same hereby is returned tothe Common Council without recommendation; Mr. Pridgen moved: That the above item be recommitted to the Committee on Community Development. ADOPTED. NO. 97 APPLICATIONS FOR RESTRICTED USE PERMITS -75 W. CHIPPEWA(ELL)(EDPI) (C.C.P. #29, MAY 15) Mr. Pridgen moved: That the above item be the same and hereby is Received and Filed. ADOPTED SPECIAL COMMITTEES EDUCATION (DEMONE A. SMITH, CHAIRMAN) NO. 98 LP C IMINELLI BOARD PACKET DOCUMENTS -JUNE 2012 (C.C.P. #31, JUNE 12) Mr. Smith moved: That the above item be the same and hereby is Received and Filed. ADOPTED NO. 99 LP CIMINELLI BOARD PACKET DOCUMENTS -MAY 2012 (C.C.P. #45, MAY 15) Mr. Smith moved: That the above item be the same and hereby is Received and Filed. ADOPTED NO. 100 LP CIMINELLI BOARD PACKET DOCUMENTS -APRIL 2012 (C.C.P. #38, APRIL 17) Mr. Smith moved: That the above item be the same and hereby is Received and Filed. ADOPTED NO. 101 D. PRIDGEN -D. ADAMCZYK- STUDENTS ABSENTEEISM (C.C.P. #50, APRIL 3) Mr. Smith moved: That the above item be the same and hereby is Received and Filed. ADOPTED NO. 102 R. SHARRER - GRADUATION RATE COLLEGE BASKETBALL PLAYERS (C.C.P. #51, APRIL 3) Mr. Smith moved: That the above item be the same and hereby is Received and Filed. ADOPTED NO. 103 M. KEARNS -S. CONNARE - CONCERNS MIDDLE EARLY COLLEGE HS (C.C.P. #53, MAR 20) Mr. Smith moved: That the above item be the same and hereby is Received and Filed. ADOPTED NO. 104 M. LOCURTO- ARTICLE - CONFESSIONS OF A BAD TEACHER (C.C.P. #54, MAR 20) Mr. Smith moved: That the above item be the same and hereby is Received and Filed. ADOPTED NO. 105 LP CIMINELLI -BOARD PACKET DOCUMENTS MARCH 2012 (C.C.P. #48, MAR 20) Mr. Smith moved: That the above item be the same and hereby is Received and Filed. ADOPTED NO. 106 D. SMITH -UB INTERDISCIPLINARY SCIENCE AND ENGINEERING PARTNERSHIP (C.C.P. #38, MAR 6) Mr. Smith moved: That the above item be the same and hereby is Received and Filed. ADOPTED NO. 107 APPEAL TO BTF RECONSIDER REMOVING STUDENT EXCESSIVE ATTENDANCE CLAUSE FROM TEACHER EVALUATION PLAN (EXC RES'S) (C.C.P. #93, MAR 6) Mr. Smith moved: That the above item be the same and hereby is Received and Filed. ADOPTED NO. 108 D. SMITH - FINLAND'S SCHOOLSUCCESS (C.C.P.#41, FEB 7) Mr. Smith moved: That the above item be the same and hereby is Received and Filed. ADOPTED NO. 109 SURVEY SOUTH BUFFALO PUBLIC SCHOOLPARENTS (C.C.P. #68, JAN 10) Mr. Smith moved: That the above item be the same and hereby is Received and Filed. ADOPTED NO. 110 D. RIVERA -BLOG "THE UNAUTHORIZED GUIDE TO GETTING YOUR CHILD INTO THE BUFFALO PUBLIC Mr. Smith moved: That the above item be the same and hereby is Received and Filed. ADOPTED SCHOOLS (C.C.P. #35, NOV 29) NO. 111 C. PALADINO- COMPLAINTS AGAINST BPS ADMINISTRATION AND OTHERS (C.C.P. #51, JULY 26) Mr. Smith moved: That the above item be the same and hereby is Received and Filed. ADOPTED NO. 112 M. KEARNS -D. WILLIAMS -NYS ELIMINATION OF FUNDING FOR AFTER SCHOOL PROGRAMS (C.C.P. #45, JULY 12) Mr. Smith moved: That the above item be the same and hereby is Received and Filed. ADOPTED NO. 113 D. SMITH -DPCC REQ BOE FORMALLY NEGOTIATE MOU WITH BFT (C.C.P. #52, JULY 12) MR. SMITH MOVED: Mr. Smith moved that the above item be recommitted to the Special Committee on Education ADOPTED NO. 114 DPCC AGENDA 6/22/2011 (C.C.P. #44, JUNE 28 Mr. Smith moved: That the above item be the same and hereby is Received and Filed. ADOPTED NO. 115 M. KEARNS- BUFFALO SCHOOL BOARD BUSINGISSUES (C.C.P. #40, JUNE 14) Mr. Smith moved: That the above item be the same and hereby is Received and Filed. ADOPTED NO. 116 C. RODRIGUEZ - REPO — RAISING ACHIEVEMENT OF ENG LANGUAGE LEARNERSIN BFLO SCHOOLS (C.C.P.#43, MAY31) Mr. Smith moved: That the above item be the same and hereby is Received and Filed ADOPTED RESOLUTIONS NO. 117 SPONSOR: RICHARD A. FONTANA APPOINTMENT TO CITIZENS PLANNING COUNCIL WHEREAS, Pursuant to the City of Buffalo, New York, Charter and Code, Article 18, sections 18 -23 through 18 -29, empowers the Common Council to appoint five (5) representatives to the board commonly known as the Citizens Planning Council (CPC); and WHEREAS, There are currently five vacancies in the position of representative of the Common Council on the CPC; and WHEREAS, On behalf of the Common Council, the following names are submitted and recommended for approval to serve on the CPC for a four - year term. beginning August 1, 2012, and ending July 31, 2016: Michael Darby, residing at253 Herman Street, Buffalo, NY 14211 For a 2 Year Term Mark Goldman, residing at 398 Jersey Street, Buffalo, NY 14213; Arthur Robinson, Jr., residing at 192 Maurice Street, Buffalo, NY 14210; Michael Vertino, residing at 83 University Avenue. Buffalo, NY 14214 For a 2 Year Term; and Joanna Wingo, residing at 57 Victoria Avenue, Buffalo, NY 14214 NOW. THEREFORE, BE IT RESOLVED, That the Common Council of the City of Buffalo hereby approves and designates the above listed individuals to serve for the term indicated as appointed members to the Citizens Planning Council on the condition that all outstanding obligations or arrears owed to the City, its departments, boards or agencies are paid in full or otherwise have made arrangement for payment in full (City of Buffalo, New York, Charter and Code, Article 141, section 141 -4); and BE IT FURTHER RESOLVED, That once adopted, a copy of this resolution be forwarded to Gary Witulski, Planner III, Office of Strategic Planning, 920 City Hall, Buffalo, New York, 14202. PASSED. AYES -9 NOES -0 NO. 118 BY: MR. FONTANA RICHARD A. FONTANA COUNCIL PRESIDENT, LOVEJOY DISTRICT COUNCIL MEMBER RECYCLING REFRIGERATOR REGULATION Whereas: Chlorofluorocarbon (CFC) more commonly known by the DuPont brand name Freon has been widely used in refrigerants has been phased out due to its damaging effect on the ozone; and Whereas: Freon was utilized in old and outdated refrigerator units that are being sold as scrap iron and metal for industrial recycling; and Whereas: The Clean Air Act of 1990 prohibited the venting of Freon while maintaining, serving, repairing, recycling, or disposing of refrigerator units; and Whereas A local survey of Industrial Recycling Centers found that some venders require that to have Freon evacuated before being accepted for sale: and Whereas Currently refrigerator units are not required to have proof Freon was properly evacuated from refrigerator units before being sold to Industrial Recyclers, hence it is common for scrap metal collectors to illegally release Freon into the atmosphere before selling. Now Therefore Be It Resolved: That the Law Department draft legislation that Industrial Recycling Centers are barred from accepting refrigerator units that do not contain Freon that have been cut or not been properly evacuated with proof of documentation, to prevent further venting of the organic compound Freon into the atmosphere. ADOPT RESOLVE REFER THE REMAINDER TO LEGISLATION NO. 119 BY MR. SCANLON AND MR. FONTANA USE OF PRIVATE MOTORIZED GOLF CARTS AT CAZENOVIA AND SOUTH PARK GOLF COURSES Whereas Recently, the management of the City's Cazenovia Park and South Park Golf Courses began offering motorized golf carts for rental on these courses; and Whereas Using a motorized cart is an attractive option for many golfers because it allows them to complete a round of golf quicker and with less physical fatigue than if they were walking the course and either pulling or carrying their clubs; and Whereas For golfers who are elderly or physically disabled however, walking a course and carrying or pulling their own clubs is not an option Using a motorized cart is a necessity for them because they would otherwise be physically unable to participate in the sport; and Whereas Because for many years motorized golf carts were not offered to users of Cazenovia Park or South Park Golf Courses, a small number of elderly and disabled golfers purchased their own motorized golf carts for use on these courses; and These golfers purchased these motorized carts because they wished to continue to participate in the sport they love on their favorite golf courses despite their physical limitations and the fact that no motorized carts were made available by management for their rental or use; and Whereas These elderly and disabled golfers have been using their own motorized carts on Cazenovia Park and South Park Golf Courses for several years without incident; and Whereas The management of the Cazenovia Park and South Park Golf Courses were aware, or clearly should have been aware, that they these golfers were using their own carts on these courses and had specifically purchased them to be used on these courses; and Whereas This summer, the management of Cazenovia Park and South Park Golf Courses began notifying elderly and disabled golfers who were using their own carts on the course that they would need to pay a $50 fee for the season in order to be allowed to do so; and Whereas Not long after paying this new "fee," these same elderly and disabled golfers were later told by course management that no personal motorized golf carts of any kind would be allowed on the course and that their $50 "fee" would be refunded; and Whereas In reviewing Chapter 175 of the City Code, "Fees," it does not appear that the Common Council has ever authorized the management of Cazenovia Park and South Park Golf Courses to collect the $50 "fee" which was charged, and subsequently refunded, to elderly and disabled golfers who had been using their own motorized carts on these courses. Nor does it appear that the Common Council authorized management of these golf courses to charge a fee for rental of motorized golf carts; and Whereas Although it is important to protect the City from potential legal liability associated with the use of machinery which the City does not own, maintain, inspect or control, it is also important to treat elderly and disabled persons with dignity and to respect, as well as to respect the authority of this Common Council to establish fees relating to the use of City Property, including Cazenovia Park and South Park Golf Courses. Now, Therefore Be It Resolved: That this Honorable Body directs the Law Department to prepare an amendment to the appropriate section of the City's Charter /Code to act as a "grand- fathering clause" that will allow elderly and disabled users of Cazenovia Park and South Park Golf Course, who had purchased their own motorized golf cart for use on these courses prior to such equipment being offered for rental by course management, and who are able to famish appropriate proof that such equipment has been recently inspected and is in good working condition by someone qualified to do so, to continue to use their personal motorized carts on Cazenovia Park and South Park Golf Courses; and Be It Further Resolved: That this Honorable Body directs the Law Department to prepare an appropriate amendment to the City Charter /Code to establish a fee for use of a personal motorized golf carts on Cazenovia Park and South Park Golf Courses for the elderly and /or disabled; and Be It Further Resolved: That this Honorable Body directs that a copy of this resolution be immediately forwarded to the City's Departments of Law, Public Works and the Buffalo Olmsted Conservancy for their review and comment; and Be It Finally Resolved: That a representative of the Department of Public Works appear before this Honorable Body to explain how this situation arose, and what the Department is doing to ensure that a similar situation does not arise in the future. ADOPT RESOLVES REFER THE REMAINDER TO LEGISLATION NO. 120 SPONSOR DAVID A. FRANCZYK FEE WAIVER FOR COMMUNITY MUSIC SCHOOL OPEN HOUSE Whereas Community Music School will be holding an Open House on August 24 2012 from 4pm -8pm. The Open House will allow the community to tour the school and view live performances by the staff and teachers at Community Music School. Whereas The City of Buffalo requires various fees be paid in order for an event to occur; Now, Therefore, Be It Resolved: That the City of Buffalo Common Council requests that all associated departments waive any fees for the Community Music School Open House being held August 24 2012 at Community Music School, 415 Elmwood Avenue- PASSED AYES -9 NOES -0 NO. 121 BY DAVID A. FRANCZYK FEE WAIVER FOR FERRY /GRIDER COMMUNITY DAY Whereas New Beginnings Ministries of Buffalo will be holding a community day August 4 2012 from 10am until 5pro. This community day will involve children's activities, a hot dog barbeque and a voter registration drive. Whereas The City of Buffalo requires various fees be paid in order for an event to occur; Now, Therefore, Be It Resolved: That the City of Buffalo Common Council requests that all associated departments waive any fees for the Ferry/G -rider Community Day being held August 4 2012 on Ferry Street. PASSED AYES -9 NOES -0 NO. 122 SPONSOR DAVID A FRANCZYK FEE WAIVER FOR FLEET WEEK 2012 Whereas The Buffalo & Erie County Naval & Military Park is celebrating the Bicentennial of the War of 1812 from September 11 thru 17 2012; and Whereas The City of Buffalo requires various fees be pain in order for an event to occur; Now, Therefore, Be It Resolved That the City of Buffalo Common Council requests that all associated departments waive any fees for Fleet Week 2012: Bicentennial of the War of1812 being held from September 11 -17, 2012 at the Buffalo & Erie County Naval & Military Park. PASSED AYES -9 NOES -0 NO. 123 SPONSOR DAVID A FRANCZYK FEE WAIVER FOR GREAT LAKES EXPERIENCE FESTIVAL Whereas Great Lakes Experience will be holding a festival on July 28 2012 from 10am -4pm. The Festival is Great Lakes' best opportunity to educate the community about local natural resources, celebrate our ecological success stories, and to reinforce the simple truth that everyone has a role in protecting our shared environment. Whereas Festival visitors also learn about the natural Story of Buffalo through exhibits that teach the life cycles of our native species and ecosystems, in the mobile butterfly conservatory, the Skyhunter bird of prey exhibit and numerous aquarium displays. Exhibits and activities come from a diverse slate of community participants, each with a different perspective and knowledge base, from the Buffalo Museum of Science and the Buffalo Zoo to the New York State Office of Parks, Recreation and Historic Preservation. Whereas The City of Buffalo requires various fees be paid in order for an event to occur; Now, Therefore, Be It Resolved: That the City of Buffalo Common Council requests that all associated departments waive any fees for the Great Lakes Experience Festival being held July 28 h, 2012 at Riverfest Park. PASSED AYES -9 NOES -0 NO. 124 BY: MR. GOLOMBEK WAIVER WAR OF 1812 BONFIRE EVENT FEES Whereas The bi- centennial anniversary of the War of 1812 is being commemorated in both Canada and the United States starting in 2012 and lasting through 2014, and Whereas Many significant events during the course of the war happened in the Villages of Buffalo and Black Rock; and, Whereas On December 8, 2012, the Black Rock - Riverside Good Neighbor Planning Alliance Historical Committee will be commemorating the burning of these villages during the war by hosting a bonfire at Squaw Island Park in conjunction with several commemorative bonfires being held along the Canadian; and, Whereas These bonfires are being held not only to commemorate the events of the War of 1812, but also to recognize the peace and bi- national cooperation that has transpired since the end of the hostilities. Now, Therefore, Be It Resolved: This Common Council recognizes the importance of the events of the War of 1812 and significance to the history of the City of Buffalo. The Black Rock - Riverside Good Neighbor Planning Alliance's Historical Committee is granted a waiver by this Honorable Body of all fees required by the City of Buffalo that are associated with the production of this event. PASSED AYES -9 NOES -0 0 W ni BY MICHAEL J. LOCURTO APPOINT MARRIAGE OFFICER Pursuant to Chapter 49 of the laws of New York (1988), which allow a governing body the right to appoint one or more Marriage officers, who have the authority to solemnize marriages, I am requesting the appointment of the following person whose appointment as a Marriage Officer shall commence July 24 2012 and expire September 1, 2012. Michael P. I(earns 81 Bloomfield Street Buffalo NY 14220 ADOPTED NO. 126 SPONSOR: MICHAEL J. LOCURTO MUNICIPAL SUPPORT FOR THE ALBRIGHT -KNOX GALLERY GRANT APPLICATION (MARBLE FLOOR RESTORATION PROJECT) WHEREAS, The Buffalo Fine Arts Academy is applying to the New York State Office of Parks, Recreation and Historic preservation (OPRHP) for a grant under the Environmental Protection Fund for a park project to be located at the Albright -Knox Art Gallery at 1285 Elmwood Avenue, a site located within the 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;" and, NOW, THEREFORE, be it resolved by this august body that the Common Council of the City of Buffalo hereby does approve and endorse the application of th4e Buffalo Fine Arts Academy for a grant under the Environmental Protection Fund for a park project known as Albright -Knox Art Gallery Marble Floor Restoration. ADOPTED NO. 127 SPONSOR: MICHAEL J. LOCURTO SCAJAQUADA EXPRESSWAY DOWNGRADE Whereas: The New York State Department of Transportation ( "NYDOT ") has commissioned a study regarding the downgrade of the Scajaquada Expressway /Route 198; and Whereas: NYSDOT and the commissioned consultant, Bergmann Associates, have held numerous community meetings over the last three years, have done a commendable job in presenting their findings to the community and listening to the public; and Whereas: Many positive design solutions for the Scajaquada downgrade have been proposed; and Whereas: There remains concern over the plans for Parkside Avenue and Main Street, as detailed in Design Alternative 2; and Whereas: In 2008, the Olmsted parks Conservancy published "The Olmsted City: The Buffalo Olmsted Parks System Plan for the 21 st Century," and Whereas: That document contains recommendations for the downgrade of the Scajaquada Expressway, including the following: 1 Use of traffic calming measures to slow traffic as conceptualized in the Expanded Project Proposal date June 2005, NYSDOT #5470.14. 2. Installation of pedestrian -safe, at -grade crossings. 3. The redesign of Agassiz Circle to restore a formal entrance to the park. 4.The redesign of the Lincoln Parkway Bridge over the Scajaquada Creek to allow for a more pedestrian - friendly bridge crossing. 5. Redesign of the expressway bridge of the Scajaquada Creek to improve its aesthetics as a parkway. 6. The redesign of the Elmwood Avenue intersection to regain lost parkland; Now, Therefore, Be It Resolved: The Common Council of the City of Buffalo encourage NYSDOT and Bergmann Associates to include these recommendations as part era final design alternative for these locations; and Now, Therefore, Be It Finally Resolved: That a copy of this communication be sent to Thomas Herrera - Mishler of the Olmsted Parks Conservancy, New York State Senator Mark Grisanti, New York State Assembly Member Sean Ryan, and Ben Johnson of the Parkside Community Association. ADOPTED NO. 128 SPONSOR MICHAEL J. LOCURTO WAIVING FEES FOR "WALK TO DEFEAT ALS" IN DELAWARE PARK Whereas On August 4th th ' 2012 the ALS Association is hosting a "Walk to Defeat ALS" in Delaware Park; and Whereas This charity event hopes to raise money to fight and defeat ALS, commonly known as Lou Gehrig's Disease, which is a degenerative and often paralyzing condition that affects tens of thousands of people in the United States alone; and Whereas Due to the charitable nature of the event, the City of Buffalo should support this waiving the fees, including park and bandwagon fees associated with the Walk in Delaware Park; and Now, Therefore, Be It Resolved That: The City of Buffalo Common Council hereby supports waiving the fees associated with hosting the event in Delaware Park from the Department of Public Works, Parks, and Streets for the "Walk to Defeat ALS" on August 4th th ' 2012 in Delaware Park, Buffalo, NY PASSED AYES -9 NOES -0 NO. 129 SPONSORED BY MR. DARIUS G. PRIDGEN, ELLICOTT DISTRICT COUNCIL MEMBER PERMISSION TO HANG BANNERS FOR EVANGELISTIC MEETING Whereas Victory Temple will be hosting an Evangelist Meeting; and Whereas Victory Temple requests permission to hang a 5x16 banner on the corners of JeffersOn Ave. and Best St. from August 3 to September 1, 2012; and Whereas Victory Temple will comply with the City of Buffalo regulations; and Whereas Victory Temple is aware of the insurance requirements and is able to comply with them Now, Therefore Be It Resolved: That the Common Council does hereby grant permission to Victory Temple to hang a 5xl 6 banner at the corners of Jefferson Avenue and Best Street from August 3- Septemper 1, 2012 given compliance with the City and Public Works requirements. The banners must be removed no later than September 6, 2012. PASSED AYES -9 NOES -0 NO. 130 SPONSORED BY MR. DARIUS G. PRIDGEN, ELLICOTT DISTRICT COUNCIL MEMBER PERMISSION TO HANG BANNERS FOR HISPANIC HERITAGE MONTH Whereas Hispanic Heritage Council of Western New York Inc. is celebrating Hispanic Heritage in Western New York; and Whereas Hispanic Heritage Council of Western New York Inc. requests permission to hang a banner at the North side of Maryland and Niagara Streets from September 1- October 15, 2012; and Whereas Hispanic Heritage Council of Western New York Inc. will comply with City of Buffalo regulations; and Whereas Hispanic Heritage Council of Western New York Inc. is aware of the insurance requirements and is able to comply with them. Now, Therefore Be It Resolved: That the Common Council does hereby grant permission to Hispanic Heritage Council of Western New York Inc. to hang a street banner at the North side of Maryland and Niagara Streets from September 1- October 15, 2012 given compliance with the City and Public Works requirements. The banners must be removed no later than October 20, 2012. PASSED SUBJECT TO PUBLIC WORKS APPROVAL AYES -9 NOES -0 NO. 131 SPONSORED BY: MR. DARIUS G. PRIDGEN, ELLICOTT DISTRICT COUNCIL MEMBER PERMISSION TO HANG FLAGS ALONG FOR PUERTO RICAN AND HISPANIC DAY PARADE Whereas The Puerto Rican and Hispanic Day Parade of Western New York Association, Inc. will promote the 10 Puerto Rican and Hispanic Day Parade; and Whereas The committee of the Puerto Rican and Hispanic Day Parade of Western New York Association, Inc. is requesting permission to display flags along Niagara Street between South Elmwood Avenue, Porter Avenue to Forth Street; and Whereas The flags will be hung from August 18, 2012 through September 16, 2012; and Whereas The committee of the Puerto Rican and Hispanic Day Parade of Western New York Association, Inc. will comply with City of Buffalo regulations; and Whereas The committee of the Puerto Rican and Hispanic Day Parade of Western New York Association, Inc. is aware of the insurance requirements and is able to comply with them. Now, Therefore Be It Resolved: That the Common Council does hereby grant permission to the committee of the Puerto Rican and Hispanic Day Parade of Western New York Association, Inc. to hang flags to commemorate the 10 Puerto Rican and Hispanic Day Parade in Western New York given compliance with the City and Public Works requirements. The banners must be removed no later than September 21, 2012. PASSED SUBJECT TO PUBLIC WORKS APPROVAL AYES -9 NOES -0 NO. 132 SPONSORED BY COUNCILMEMBER RIVERA BIRD AVENUE BANNERS Whereas, The Bird Avenue Block Club submitted an application to the Spring 2022 Niagara District Block Club Grant Program to purchase and install block club banners on the lampposts on Bird Avenue; and Whereas, the banners are planned to be installed on Bird Avenue between Baynes Street and Richmond Avenue; and Whereas, in addition to the Block Club award, the banners will be funded by personal donations from the members of the Block Club; and Whereas, the banners will beautify the neighborhood and signify to visitors that Bird Avenue is 2 neighborhood that cares; and Whereas, the Bird Avenue Block Club will seek the necessary approvals from the Department of Public Works and the Arts Commission before purchasing and installing the banners. Now, Therefore Be It Resolved, the Common Council approves the plan for the Bird Avenue Block Club's banner purchase and installation; and Be It Further Resolved, the Common Council request the City Clerk to forward a copy of this resolution to the Department of Public Works and the Buffalo Arts Commission to inform both departments of the plan and the Council's approval. PASSED SUBJECT TO PUBLIC WORKS APPROVAL AYES-9 NOES NO. 133 SPONSORED BY: CM RIVERA, CM PRIDGEN, AND CM LOCURTO. CREATION AND APPOINTMENT OF A BUFFALO -ERIE COUNTY FOOD POLICY STEERING COMMITTEE Whereas, in the wake of the Buffalo Food Policy Summit and the Community Gardens Task Force, the creation of a more inclusive, far - reaching body is needed to address and advise local legislatures on food policy concerns; and Whereas, these concerns include issues of food security, land -use, access to healthy, fresh, affordable food, procurement of locally produced food, barriers in permitting and licensing processes that discourage access and development to healthy, sustainable food, and all other matters pertaining to the production, processing, distribution, consumption, and disposal of food in the Buffalo -Erie County region; and, Whereas, the economic benefits of a well- functioning regional food system include an increase in direct marketing partnerships between producer and consumer, urban and rural economic growth, and an increasing number of dollars that stay in the region through Locally produced, processed and distributed products; and, Whereas, the City of Buffalo's current comprehensive plan makes no mention of the food system; and, Whereas, those concerns are to be the focus of the Buffalo -Erie County Food Council, which will in turn provide the Council and County Legislature with recommendations for creating a comprehensive food system that leads to a healthier Buffalo and Erie County; and, Whereas, it is important that the Food Policy Council is a joint Municipal /County initiative given that local, regional and state policies and plans greatly influence all levels of a community's food system; affecting producers, distributers, consumers and disposers alike; and, Whereas, a Buffalo -Erie County Food Policy Council Steering Committee ('the Steering Committee') will be charged developing the purpose, structure, cam position and other foundational necessities for the creation of an effective, comprehensive and inclusive Food Policy Council; and, Whereas, the end result of the Steering Committee will be the production of a practical plan for the creation and implementation of a Food Policy Council for Buffalo and Erie County; and, Whereas, the Steering Committee shall be comprised of the following expert seats from various fields related to building a healthy food system: Food Producers: Dan Henry, W.D. Henry and Sons (Eden); Daniel Oles, Oles Family Farm (Alden) Processing: Tucker Curtin, Curtin Family Restaurants (Buffalo) DistributorM/holesaler: Robert Mercurico, James Desidero, Inc. Wholesale Fruit and Produce (Buffalo) Consumers /Advocates: Diane Picard, Massachusetts Avenue Project (Buffalo -West Side); Jill Chiacchia, Be Healthy Institute (Hamburg); Joy McDuffie (Buffalo - East Side) Food Retail: Mark Maloney, Dash's Market (Buffalo /Clarence /Tonawanda /East Amherst) Waste /Post Disposal: Guenter Burkhardt, Good Earth Horticulture (Lancaster) City of Buffalo Appointee: Brendan Mehaffy, Office of Strategic Planning Erie County Appointees: Dr. Gail Burstein, Dept. of Health; Maria Whyte, Dept. of Environment & Planning Food Systems Expert: Dr. Samina Raja, University at Buffalo Community Action Organization Now, Therefore, Be It Resolved, That. The Buffalo Common Council hereby recognizes the need to have a professional and knowledgeable group work to address the challenges of creating an equitable, healthy, thriving and sustainable food system in the City of Buffalo and Erie County; and, Be It Further Resolved That: The Common Council hereby endorses the Steering Committee, a body comprised of the appointed experts and community leaders charged with developing the model for the Food Policy Council of Buffalo and Erie County; and Be It Finally Resolved That: The Steering Committee shall formally submit their recommendations for the creation of a Food Policy Council of Buffalo and Erie County, including its structure, corn position and goals to the Common Council by the end of 2012. ADOPTED NO. 134 SPONSORED BY: CM RIVERA, CM PRIDGEN, CM FRANCYZK DESIGNATING THE "HISPANIC HERITAGE DISTRICT" Whereas, in an effort to feature the diversity of the City of Buffalo, the Hispanic Heritage Council of WNY, Inc. ask for the designation and proclamation of Niagara Street between Niagara Square and Porter Avenue as "Hispanic Heritage District" in the City of Buffalo; and Whereas, Niagara Street is surrounded by the Lower West Side area which has one of the largest concentration and percentage of residents of Hispanic descent who are active in the community as well as the City of Buffalo; and Whereas, Niagara Street has also been the location of the Hispanic Health Fairs sponsored by Urban Family Practice, the Annual Hispanic Health and Information Fair, the Puerto Rican Day Parade and many other events that showcase the community in positive ways and attracts thousands of people each year from a multitude of ethnic groups; and Whereas, Niagara Street contains many Hispanic businesses, bakeries, restaurants, beauty salons and barbershops, and other Hispanic establishments along this area of the street; and Whereas, Niagara Street is the route designated as "Avenida San Juan ", an accomplishment achieved in collaboration with the Buffalo Common Council and the Puerto Rican Day Parade of WNY; and Whereas, in the nearby west side of Niagara Street there are two streets noted with the names of Hispanic- American leaders who resided in the community and dedicated their lives to the betterment of the Hispanic community and of the City of Buffalo: Seventh Street," Isaias Gonzalez Sr. Way" and Trenton Street, "Ana Cotton Way "; and Whereas In this community there are institutions committed to the well -being of youth and seniors, such as Hispanics United of Buffalo, The Belle Center, Los Tainos Senior Citizens Center, Holy Cross R.C. Church, Primera Iglesia Metodista Unida, Neighborhood Health Center, Waterfront Health Care Center, Lakeshore Behavioral Health. Herman Badillo Bilingual Academy PS #76, D'Youville Porter Cam pus School #3 and the Waterfront Elementary School PS #95; and Whereas, the Niagara Street Corridor serves as the gateway between Canada and the United States of America, and that for the Hispanic Community it is a privilege to host the many visitors from around the world; and Whereas, The naming of this part of Niagara Street as "Hispanic Heritage District" will further establish Niagara Street as an identified Hispanic and Cultural destination as a place to welcome visitors to the City of Buffalo. Now, Therefore Be It Resolved, the Common Council designates and proclaims Niagara Street between Niagara Square and Porter Avenue as the "Hispanic Heritage District "; and Be It Further Resolved, the Common Council ask the convening of members of the Hispanic Heritage Council of Western New York, Inc. in collaboration with the Department of Public Works and the Office of Strategic Planning, participate in a committee to begin the physical and cultural designations and preparation, such as welcome signs and street signs that could be placed in the district. ADOPTED NO. 135 BY: COUNCILMEMBER RIVERA WAIVER OF FEES FOR "EID AT THE PARK ". Whereas, H.E.A.L. - International is a non - profit organization located at 233 W. Ferry; and Whereas, on August 18 & 19, H.E.A.L will be hosting an event "Eid at the Park" to celebrate the end of Ramadan; and Whereas, on these two days, H.E.A.L will be celebrating at Front Park and Prospect (Perla) Park from 8am to 9pro. Now, Therefore, Be It Resolved, the Common Council approves the waiving of the Special Events fee associated with this event; and Be It Finally Resolved, the City Clerk is directed to send a copy of this resolution to the Public Works, Parks & Streets Department and to the Mayor's Special Events Office. PASSED AYES -9 NOES -0 NO. 136 BY: DAVID A. RIVERA NIAGARA DISTRICT COUNCIL MEMBER COSPONSORS FONTANA, PRIDGEN, LOCURTO, FRANCZYK PRE - CLEARANCE PROGRAM OF FREIGHT ON THE PEACE BRIDGE Whereas: On December 7, 2011 President Obama and Prime Minister Harper announced the completion of the action plan "Beyond the Border - A Shared Vision for Perimeter Security and Economic Competitiveness" which was to enhance the speed and security of transport of trade over the border; and Whereas The Peace Bridge is part of one of the busiest freight crossing corridors nationally and the most frequented freight crossing from Canada to New York State; and Whereas Fort Erie possesses an expansive land holding that could be utilized to enable a pre- screening facility which is estimated to inspect 90% of commercial traffic to be released for crossing, dramatically increasing efficiency and security; and Whereas On July 6, 2012 the Buffalo and Fort Erie Public Bridge Authority announced to assess air quality south and north of the Peace Bridge monitoring for particles from diesel emissions ; and Whereas Nearly 45% of Buffalo's West Side households reported at least one case of chronic respiratory illness or asthma 2.5 times more likely than on the East Side (Dr. Lwebuga- Mukasa); and Whereas New York State Department of Health operates a Cancer Registry which shows that incidence of both lung and bronchus cancers were elevated for residents of the zip code closest to the Peace Bridge; and Whereas Numerous reports from non - profit organizations, universities, and the U.S. Environmental Protection Agency have connected diesel emissions which include, volatile organic chemical and polycyclic aromatic hydrocarbons which is first known carcinogen and possessing mutagenic and teratogenic properties, are also accepted as encouraging the development of asthma and other respiratory issues in children. Now Therefore Be It Resolved; That the Buffalo Common Council supports the Buffalo and Fort Erie Public Bridge Authority's pilot program of freight processing being enacted in a Pre - Clearance Program which is outlined in the "Beyond the Border" Action Plan for the profound effect it will have on the air quality of Buffalo's West Side. ADOPTED AYES — FONTANA, FRANCZYK, LOCURTO, PRIDGEN, RIVERA, RUSSELL, SCANLON, SMITH — 8 NOES — GOLOMBEK - 1 NO. 137 BY: COUNCILMEMBER RIVERA RE: WAIVER OF FEES FOR "LMPACTO DE DIOS 2012 (IMPACT OF GOD) ". Whereas, 181 esia de Dios (Church of God) is a church on the West Side located at 279 Rhode Island; and Whereas, on August 17 & 18, the Church will be hosting an event "Impacto de Dios "; and Whereas, on these two days, the church will hold services in the street outside of the church, on Rhode Island between Fourteenth and Normal in order to reach out to the surrounding community; and Whereas, the services will begin at 6:30pro and last until 10 pm. Now, Therefore, Be It Resolved, the Common Council request Public Works, Parks & Streets Department be notified regarding the closure of Rhode Island Street between Fourteenth Street and Normal Avenue during the above day and times; and Be it Further Resolved, the Common Council approve the waiving of the Special Events fee associated with this event; and Be It Finally Resolved, the City Clerk is directed to send a copy of this resolution to the Public Works, Parks & Streets Department and to the Mayor's Special Events Office. PASSED. AYES -9 NOES -0 NO. 138 BY: MS. RUSSELL SUPPORT UNIVERSITY DISTRICT COMMUNITY DEVELOPMENT ASSOCIATION (UDCDA) APPLICATION FOR THE URBAN INITIATIVES PROGRAM GRANT Whereas The University District Community Development Association (UDCDA) is dedicated to revitalizing the neighborhoods around the University District; and Whereas The Urban Initiative Program, administered by the State's Division of Homes and Community Renewal, provides financial and technical resources to communities for the restoration and improvement of housing, commercial areas and public and community facilities in urban neighborhoods; and Whereas University District Community Development Association seeks to procure funds for the restoration and improvement of the Uptown Theatre, located at 3167 Bailey Avenue; and Whereas The theatre is located in a distressed commercial block of Bailey Avenue and the investment in improving the facility will result in an improvement tot he business district and an upgrade to the cultural and community facilities within the neighborhood; and The University District Community Development Association is an eligible nonprofit applicant for the Urban Initiative Program funding and is experienced in community preservation activities in urban neighborhoods; Whereas As a requirement under the rules of this program the University District Community Development Association must obtain the support and approval of the municipality in which the project will be located; Now, Therefore, Be It Resolved: That the Common Council of the City of Buffalo does hereby support and endorse the application of The University District Community Development Association IVDCDA) for a grant under the Urban Initiatives Program; and ADOPTED NO. 139 BY: COUNCILMEMBER SCANLON REFUNDING BOND RESOLUTION $35,000,000 BONDS REFUNDING OF 2002 SCHOOL BONDS Refunding Bond Resolution of the City of Buffalo, New York, authorizing the refunding of all or a portion of various outstanding school bonds of said City, stating the plan of refunding, appropriating an amount not to exceed $35,000,000 therefor, authorizing the issuance of $35,000,000 Refunding Bonds of said City, or so much thereof as may be necessary, to finance said appropriation, and making certain determinations all relative thereto- Recitals WHEREAS, the City of Buffalo, New York (herein called "City "), has heretofore issued: on November 26, 2002 its $3,725,000 Refunding School Serial Bonds - 2002 -D (herein called the "2002 -D Bonds "), now outstanding in the principal amount of $736,000; its $5,344,000 Refunding School Serial Bonds - 2002 -E (hereto called the 2002 -E Bonds ), now outstanding m the principal amount Of$3,368,000; its $26,691,000 Refunding School Serial Bonds - 2002 -F (herein called the "2002 -F Bonds "), now outstanding in the principal amount of $17,512,000; and its $17,239,000 Refunding School Serial Bonds - 2002 -G (herein called the "2002 -G Bonds "), now outstanding in the principal amount of $11,409,000; and such bonds bearing interest at the rates and on the dates, and being subject to prior redemption as set forth in each such respective bond; and WHEREAS, pursuant to certain provisions of the Education Law, the manner in which state building aid is to be paid to the Buffalo School District (herein called "District ") with respect to all or a portion of such outstanding bonds is based on imposition of an assumed amortization schedule related to principal and interest on such outstanding bonds and an assumed interest rate; and WHEREAS, such assumed interest rate utilized for purposes of such assumed amortization schedule is subject to periodic revision by the state Department of Education when interest rates decrease and as a result of a pending revision the District anticipates that the apportionment of state building aid that it will receive in relation to such outstanding bonds will be reduced; and WHEREAS, in order to mitigate the negative financial impact of such state building aid reductions, and after consultation with the City and District's Financial Advisor, Capital Markets Advisors (the "Financial Advisor "), it has been determined that it is in the interest of the City and District to consider issuing refunding serial bonds (the "Refunding Bonds" as hereinafter defined) to pay all or part of the unmatured and unpaid principal of and interest on such outstanding bonds, as authorized pursuant to Section 90.10 of the Local Finance Law, constituting Chapter 33 -a of the Consolidated Laws of the State of New York (the "Law "); and; now, therefore, The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two - thirds of all the members of said Common Council) as follows: Section 1. In this resolution, the following definitions apply, unless a different meaning clearly appears from the context: a. "Bond To Be Refunded" or "Bonds To Be Refunded" means all or a portion of the outstanding 2002 -D Bonds, 2002 -E Bonds, 2002 -F Bonds, and 2002 -G Bonds of the City of Buffalo, New York, as shall be determined in accordance with Section 3 hereof. b. "Escrow Contract" means the contract to be entered into by and between the City and the Escrow Holder pursuant to Section 10 hereof. c. "Escrow Holder" means the bank or trust company designated as such pursuant to Section 10 hereof. d. "Redemption Date" means October 1, 2012, or such later date or dates as may be hereinafter set forth in the final Refunding Financial Plan. e. "Refunding Bond" or "Refunding Bonds" means a portion or all of the $35,000,000 bonds of the City of Buffalo, authorized pursuant to hereof. Section 2 "Refunding Bond Amount Limitation" means an amount of Refunding Bonds sufficient to pay the sum of the principal amount of Bonds To Be Refunded plus the aggregate amount of unmatured interest payable on each Bonds To Be Refunded to and including the applicable Redemption Date, plus redemption premiums payable on such Bonds To Be Refunded as of such applicable Redemption Date, plus costs and expenses incidental to the issuance of the Refunding Bonds including the development of the refunding financial plan, and of executing and performing the terms and conditions of the Escrow Contract and all fees and charges of the Escrow Holder as referred to in Section 10 hereof. Section 2. The Common Council of the City (herein called "Common Council "), hereby authorizes the refunding of all or a portion &the $32,925,000 Bonds To Be Refunded of the City, more particularly described and referred to in the Recitals hereof, and appropriates an amount not to exceed $35,000,000 therefor to accomplish such refunding. The plan of financing said appropriation includes the issuance of not to exceed $35,000,000 Refunding Bonds and the levy and collection of a tax upon all the taxable real property within the City to pay the principal of and interest on said Refunding Bonds as the same shall become due and payable. Bonds of the City in the maximum principal amount of $35,000,000 are hereby authorized to be issued pursuant to the provisions of the Law. The proposed financial plan for the refunding in the form attached hereto as Exhibit A (the "refunding financial plan ") prepared for the City and District at the direction of the office of the City Comptroller and hereby accepted and approved, includes the deposit of all the proceeds of said Refunding Bonds with an Escrow Holder pursuant to an Escrow Contract as authorized in Section 9 hereof, the payment of all costs incurred by the City in connection with said refunding from such proceeds, and the investment of a portion of such proceeds by the Escrow Holder in certain obligations, the principal of and interest, together with the balance of such proceeds to be held uninvested, shall be sufficient to pay (1) the principal of and interest on the Bonds To Be Refunded becoming due and payable on and prior to each applicable Redemption Date and (2) the principal of and premium on the Bonds To Be Refunded to be called for redemption prior to maturity on each applicable Redemption Date. The City Comptroller is hereby authorized and directed to determine the actual amount of the Refunding Bonds to be issued (not in excess of the maximum principal amount authorized above); the specific maturities and amounts of the Refunded Bonds to be refunded, the details as to the redemption of the Refunded Bonds, including the date and amount of such redemption or redemptions and the directions to the Escrow Holder to cause notice of such redemption or redemptions to be delivered; the weighted average remaining period of probable usefulness for the objects or purposes (or classes of objects or purposes) financed with the Refunding Bonds; or of each series of the Refunding Bonds; the date or dates of such bonds and date of issue, maturities and terms thereof, the provisions relating to the redemption of Refunding Bonds prior to maturity; whether the Refunding Bonds will be issued in one or more series; whether the Refunding Bonds will be insured by a policy or policies of municipal bond insurance or otherwise enhanced by a credit enhancement facility or facilities; whether the Refunding Bonds or a series of Refunding Bonds shall provide for substantially level or declining debt service as authorized by Sections 21.00 and 90.10(c)(3) of the Local Finance Law; and the rate or rates of interest to be borne thereby; and to prepare, or cause to be provided, a final Refunding Financial Plan for the Refunding Bonds; provided that the terms of the Refunding Bonds to be issued, including the rate or rates of interest borne thereby, shall comply with the requirements of Section 90.10 of the Local Finance Law. Section 3. The $32,925,000 Bonds To Be Refunded referred to in Section 1 hereof are the aggregate unmatured outstanding balances of four issues of bonds, each originally issued pursuant to the refunding bond resolution adopted by the Common Council on June 25, 2002, authorizing the refunding of all or a portion of various outstanding school bonds of said City which were originally issued to finance various capital improvements for the District. In accordance with the refunding financial plan, the Refunding Bonds authorized in the aggregate principal amount not to exceed $35,000,000 have been allocated to the component issues of the Bonds To Be Refunded, and shall mature in amounts and at dates to be determined. The Comptroller, the chief fiscal officer of the City, is hereby authorized to approve all details of the refunding financial plan not contained herein. Section 4. The issuance of the Refunding Bonds will not exceed the Refunding Bond Amount Limitation. The maximum period of probable usefulness ( "PPU ") of each issue comprising the Bonds to be Refunded, commencing at the date of issuance of the first bond anticipation notes issued in anticipation of the sale of said bonds, is thirty (30) years. Section 5. The aggregate amount of estimated Present Value Savings as set forth in the proposed refunding financial plan attached hereto as Exhibit A, computed in accordance with subdivision two of paragraph b of Section 90.10 of the Law is $ 4,620,759.33 Section 6. The City is hereby authorized to enter into one or more financing or related agreements with the Dormitory Authority of the State of New York ( "DASNY ") to provide for the refinancing of all or a portion of the Bonds to be Refunded. The City, acting on behalf of the District, is hereby further authorized to assign and pledge to DASNY a sufficient portion of any and all public funds to be apportioned or otherwise to be made payable by the State of New York to the District to cover the payments required under the agreements herein referred to. Section 7. Said Refunding Bonds shall be sold at private sale, and the Comptroller, the chief fiscal officer of the City, is hereby authorized, as required, to execute either (i) a purchase contract on behalf of the City for the sale of said Refunding Bonds to an underwriter or underwriters, or (ii) one or more financing or related agreements on behalf of the City for the sale of said Refunding Bonds to DASNY, including the assignment and pledge referred to in Section 6 hereof; provided the terms and conditions of such sale shall, to the extent required by law, be approved by the State Comptroller, and further provided that prior to the sale and delivery of any Refunding Bonds, the Comptroller shall have filed with the Common Council any necessary certificates as required pursuant to Section 90.10 of the Local Finance Law or any other section of the Education Law, the Local Finance Law, or any other law. The Comptroller is hereby further authorized and directed to take any and all actions necessary to accomplish said refinancing, including the purchase of and payment for services rendered or to be rendered the City or the District in connection therewith, including the preparation of the refunding financial plan referred to in Section 2, compensation to the underwriter, costs and expenses of executing and performing the terms and conditions of the Escrow Contract, and fees and charges of the Escrow Holder, financial advisory fees, printing fees, legal fees and the premium or premiums for a policy or policies of municipal bond insurance or other form of credit enhancement facility or facilities for the refunding bonds herein authorized, or any portion thereof. In connection with the sale of such bonds to an underwriter or underwriters, the City hereby authorizes the preparation of an Official Statement and approves its use in connection with such sale, and, further, consents to the distribution of a Preliminary Official Statement prior to the date said Official Statement is executed and available for distribution. In connection with the sale of such bonds to DASNY, the City hereby authorizes the inclusion of descriptive, demographic, financial, and other relevant information concerning the City and the District in an Official Statement prepared by DASNY in connection with the sale of such DASNY bonds. Section 8. Each of the Refunding Bonds authorized by this resolution shall contain the shall contain the recital required by Section 90.100)(4) of the Local Finance Law and the recital of validity prescribed by Section 52.00 of the Law and said Refunding Bonds shall be general obligations of the City payable as to both principal and interest by a general tax upon all the taxable real property within the City. The faith and credit of the City are hereby irrevocably pledged to the punctual payment of the principal of and interest on said Refunding Bonds and provision shall be made annually in the budget of the City for (a) the amortization and redemption of the Refunding Bonds to mature in such year and (b) the payment of interest to be due and payable in such year. Section 9. Subject to the provisions of this resolution and of the Law, and pursuant to the provisions of Section 21.00 of the Law with respect to the issuance of bonds having substantially level or declining annual debt service, and Sections 50.00, 56.00 to 60.00, 35.00, 90.10 and 168.00 of the Law, the powers and duties of the Common Council relative to prescribing the terms, form and contents and as to the sale and issuance of the Refunding Bonds, to executing any arbitrage certification relative thereto, to executing the Escrow Contract described in Section 10, as well as with respect to agreements for credit enhancement, are hereby delegated to the Comptroller, the chief fiscal officer of the City. Section 10. Prior to the issuance of the Refunding Bonds, the City shall contract with a bank or trust company located and authorized to do business in this state, for the purpose of having such bank or trust company act as the Escrow Holder of the proceeds, inclusive of any premium from the sale of the Refunding Bonds, together with all income derived from the investment of such proceeds. The Escrow Contract shall contain such terms and conditions as shall be necessary in order to accomplish the refunding financial plan, including provisions for the Escrow Holder without further authorization or direction from the City, except as otherwise provided therein, (a) to make all required payments of principal, interest and redemption premiums to the appropriate paying agent with respect to the Bonds To Be Refunded, (b) to pay costs and expenses incidental to the issuance of the Refunding Bonds, including the development of the refunding financial plan, and of executing and performing the terms and conditions of the Escrow Contract and all of its fees and charges as the Escrow Holder, (c) at the appropriate time or times to cause to be given on behalf of the City the notices of redemption authorized to be given pursuant to Section 12 hereof, and (d) to invest the moneys held by it consistent with the provisions of the refunding financial plan. The Escrow Contract shall be irrevocable and shall constitute a covenant with the holders of the Refunding Bonds. Section 11. The proceeds, inclusive of any premium, from the sale of the Refunding Bonds, immediately upon receipt, shall be placed in escrow by the City with the Escrow Holder in accordance with the Escrow Contract. All moneys held by the Escrow Holder shall be invested only in direct obligations of the United States of America or in obligations the principal of and interest on which are unconditionally guaranteed by the United States of America, which obligations shall mature or be subject to redemption at the option of the holder thereof not later than the respective dates when such moneys will be required to make payments or held uninvested in cash in accordance with the refunding financial plan. Any such moneys remaining in the custody of the Escrow Holder after the full execution of the Escrow Contract shall be returned to the City and shall be applied by the City only to the payment of the principal of or 'interest on the Refunding Bonds then outstanding. Section 12. That portion of such proceeds from the sale of the Refunding Bonds, together with interest earned thereon, which shall be required for the payment of the principal of and interest on the Bonds To Be Refunded, including any redemption premiums, in accordance with the refunding financial plan, shall be irrevocably committed and pledged to such purpose and the holders of the Bonds To Be Refunded shall have a lien upon such moneys and the investments thereof held by the Escrow Holder. The pledge and lien provided for herein shall become valid and binding upon the issuance of the Refunding Bonds and the moneys and investments held by the Escrow Holder shall immediately be subject thereto without any further act. Such pledge and lien shall be valid and binding against all parties having claims of any kind in tort, contract or otherwise against the City irrespective of whether such parties have notice thereof. Neither this resolution, the Escrow Contract, nor any other instrument relating to such pledge and lien, need be filed or recorded. Section 13. In accordance with the provisions of Section 53.00 and of paragraph h of Section 90.10 of the Law, the Common Council hereby elects to call in and redeem all the Bonds To Be Refunded which are subject to prior redemption according to their terms on each applicable Redemption Date. The sum to be paid therefor on the Redemption Date shall be the par value thereof, the accrued interest to the Redemption Date and the redemption premiums. The Escrow Holder is hereby authorized and directed to cause notices of such calls for redemption to be given in the name of the City by mailing such notice to the registered holder at least sixty and not more than seventy -five days prior to the Redemption Date. Upon the issuance of the Refunding Bonds, the election to call in and redeem the Bonds To Be Refunded subject to prior redemption and the direction to the Escrow Holder to cause notice thereof to be given as provided in this Section shall become irrevocable and the provisions of this Section shall constitute a covenant with the holders, from time to time, of the Refunding Bonds, provided that this Section may be amended from time to time as may be necessary to comply with the publication requirements of paragraph a of Section 53.00 of the Law, as the same may be amended from time to time. Section 14. The City Comptroller is further authorized to take such actions and execute such documents as may be necessary to ensure the continued status of the interest on the Refunding Bonds, as excludable from gross income for federal income tax purposes pursuant to Section 103 of the Internal Revenue Code of 1986, as amended. Section 15. The City Comptroller is further authorized to enter into a continuing disclosure undertaking with or for the benefit of the initial purchaser of the Refunding Bonds authorized by this resolution, if required, containing provisions which are satisfactory to such purchaser in compliance with the provisions of Rule 15c2 -12, promulgated by the Securities and Exchange Commission pursuant to the Securities Exchange Act of 1934. Section 16. The City Comptroller and all other officers, employees and agents of the City are hereby authorized and directed for and on behalf of the City to execute and deliver all certificates and other documents, perform all acts and do all things required or contemplated to be executed, performed or done by this resolution or any document or agreement approved hereby. Section 17. The validity of the Refunding Bonds authorized by this resolution may be contested only if: (a) such obligations are authorized for an object or purpose for which the City is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of the publication of such resolution, or a summary thereof, are not substantially complies with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or (c) such obligations are authorized in violation of the provisions of the Constitution. Section 18. This resolution shall take effect immediately subject to approval by the Mayor in accordance with Section 38 of the Charter of the City of Buffalo. Introduced: PASSED AYES -9 NOES -0 BY: MR: SCANLON NO. 140 [*]N CILI E10 d4reUyil40 ILTi /e1IRTM01111 0 4aN]11 =" *3IN[094 Ilk tSZd4:AIfe110 The Common Council of the City of Buffalo does hereby ordain as follows: That section 309 -17 of the Code of the City of Buffalo be amended to read as follows: A. No animal used for riding or driving nor a vehicle of any description shall be allowed upon any part of the parks or park approaches except upon the drives, concourses, the bridle path or other places set apart for horses and vehicles, nor shall any vehicle be allowed upon any footpath, walk or bridle path B. During calendar year 2012 only, the Deputy Commissioner of Parks and Recreation may issue limited use permits to owners of privately owned golf carts for use only on the Cazenovia Golf Course or the South Park Golf Course on the following conditions. 1. That the applicant must present proof that the applicant is the current holder of a valid handicapped parking permit issued by a municipal government of the State of New York or a Senior Citizen identification card issued by a municipal government in New York State; 2. that the applicant shall present a certificate of insurance evidencing that the permit holder has general liability insurance in a minimum sum of one million dollars, and further naming the City of Buffalo and naming the Buffalo Olmsted Parks Conservancy as additional insureds; 3. That the permit holder shall execute an agreement to defend, indemnify and hold harmless the City of Buffalo and the Buffalo Olmsted Parks Conservancy against any and all claims arising from the permit holder's operation of such permitted golf cart on City 4. That the permit holder shall be the exclusive operator of such golf cart when on City 5. That such golf cart shall be operated only on the designated golf course during otherwise permitted play, and within the parking facility for purposes of loading and unloading such golf cart on its transport vehicle, but not upon an, /park drive, park approach, park road or any other park path or grounds of any nature not designated as part of a golf course; 6. That such permit shall not be transferrable and shall be revoked upon violation of any of the conditions enumerated in this ordinance. § 2. This Ordinance Amendment shall take effect immediately upon being duly ratified pursuant to §3 -19 of the City Charter. It is hereby certified pursuant to §3 -19 of the City Charter that the immediate passage of the foregoing ordinance is necessary. BYRON BROWN, MAYOR APPROVED AS TO FORM TIMOTHY A. BALL CORPORATION COUNSEL PASSED AYES -9 NOES -0 NO. 141 BY: MR. DEMONE A. SMITH RESOLUTION APPROVING THE NEIGHBORHOOD REVITALIZATION PROJECT OF VIVE, INC. A NON- PROFIT LOCATED IN THE MASTEN DISTRICT OF THE CITY OF BUFFALO, NEW YORK Whereas;_Vive, Inc. is a non - profit organization located at 50 Wyoming Avenue, Buffalo, New York 14215 which provides affordable housing for residents who either have no income or are low- income; and Whereas; Vive, Inc. is proposing a project to renovate and revitalize its building and grounds. This is the Vive Renovation and Revitalization (VRR) Project. The goals of the Vive Renovation and Revitalization (VRR) project are to make the building a safe( and health environment, to make the facility energy efficient, to create a welcoming refuge, and to landscape the grounds; and Whereas— Vive, Inc. has a shelter, La Casa that has provided temporary and transitional housing since its inception in 1984. Vive has been located at the present address since 1993. Since then, Vive has been concerned with the viability of the community in which it is located; and Whereas Inc. is applying for a New York State Homes and Community Renewal Grant and the process mandates that an authorizing resolution be passed at an official meeting of the governing body of the applicant; and Whereas.— The VRR Project is a phase in a strategic plan to improve the health and safety, economic viability of the distressed 14215 community. Vive will open a public clinic and a job readiness center as well, to serve the community. Now Therefore, Be It Resolved: That the Common Council join in support of Vive, Inc. in their efforts to obtain funding through the New State Homes and Community Renewal grant. Now, Therefore Be It Further Resolved: That the Common Council directs the City Clerk to prepare a letter of transmittal, as the duly qualified and acting Clerk of the City of Buffalo, New York thereby certifying that this resolution was adopted by the Common Council at one of its regularly scheduled or special meetings along with the date thereof, and that such action is incorporated in the original minutes of said meeting OR on file and of record, and that said resolution has not been altered amended or revoked and is still in full force and in effect; and Now, Therefore, Be It Finally Resolved: That the above reference letter of transmittal, along with a certified copy of this passed resolution be sent to Tina Washington- Abubecker, Grants and Development Officer, Vlve Inc. 50 Wyoming Ave. Buffalo, New York 14211. ADOPTED NO. 142 SPONSORS: MR. SMITH CO- SPONSORS: MR. LOCURTO SUPPORTING THE PARKSIDE COMMUNITY ASSOCIATION APPLICATION FOR NYS MAIN STREET GRANT FUNDING FOR MIXED -USE RENOVATIONS IN THE MAIN - AMHERST COMMERCIAL DISTRICT WHEREAS: The Parkside Community Association (PCA) had applied for and received funding through the New York State Main Street Program in 2012 for the target area covering both sides of Main Street from Florence Avenue to Leroy Avenue in East Buffalo; and — VHEREAS: A portion of the NYS grant is intended to fund improvements to the public right of way within the target area; and WHEREAS, The Parkside Community Association has engaged in a series of Design Review Committee meetings, consisting of local stakeholders and citizen volunteers to discuss and weigh proposals for the appropriate use of these funds; and WHEREAS, The Design Review Committee has voted to proceed with a three part approach including historical markers installed in the sidewalk, a large mural on an exposed brick wall, and a series of streetlight banners celebrating the history of North Buffalo and Main Street; NOW, THERFORE, BE IT RESOLVED: That the Common Council of the City of Buffalo does hereby grant permission to the Parkside Community Association of Buffalo, Inc. to hang flags on light poles along Main Street between Florence Avenue and Leroy Avenue; and NOW, THEREFORE, BE IT FINALLY RESOLVED: That the flags meet the requirements of all appropriate City Departments and that no existing laws, rules, or regulations be violated, particularly those found in City Charter and Code §387 -15 or other pertinent sections thereof; ADOPTED NO. 143 SPONSOR: DEMONE SMIH WAIVE PARK RENTAL FEES Chapter 175 of the Code of the City of Buffalo establishes a schedule of fees that are to be charged with respect to licenses, permits, and activities required or regulated under the provisions of various chapters of the Code; and Whereas Chapter 175 of the Code of the City of Buffalo establishes a schedule of fees that are to be charged with respect to licenses, permits, and activities required or regulated under the provisions of various chapters of the Code; and Whereas Gospel Fest will be held on Saturday, July 28, 2012; and Whereas The Pine Grill Reunion is being held August 5 & 12; and Whereas Walking 4 Hope will be held on Saturday, August 25, 2012; and Whereas The Buffalo FunkFest will be held on August 25, 2012; and Whereas The Carbana Island Festival will be held on August 17, 18,& 19; and Whereas All are free community oriented events that celebrate the city's cultural fabric NOW, THEREFORE, BE IT RESOLVED: That the Common Council of the City of Buffalo waives the Park fee for, Gospel Fest, The Pine Grill Reunion, Walking for Hope, The Buffalo FunkFest, BE IT FURTHER RESOLVED: That the City Clerk forward a copy of this resolution to the Commissioner of the Department of Public Works, Parks, and Streets PASSED AYES -9 NOES -0 NO. 144 SPONSORS: DEMONE A. SMITH, RICHARD A. FONTANA, BONNIE E. RUSSELL, DARIUS G. PRIDGEN, MICHAEL J. LOCURTO, DAVID A. RIVERA, CHRISTOPHER P. SCANLON, JOSEPH GOLOMBEK, JR., DAVID A. FRANCZYK : NATIONAL NIGHT OUT - AUGUST 2012 WHEREAS: On Tuesday, August 7, 2012 a unique crime /drug prevention event sponsored by The Crime Prevention Association of WNY will hold its annual night out; and WHEREAS: National Night Out is designed to: • heighten crime and drug prevention awareness; •generate support for, and participation in, local anticrime programs; -strengthen neighborhood spirit and police- community partnerships; and • send a message m criminals letting them know that neighborhoods are organized and fighting back; and WHEREAS: National Night Out has proven to be an effective and inexpensive way m promote neighborhood spirit and police- community partnerships in our fight for safer communities; and WUEREAS: The Common Council encourages participation by the public in this year's National Night Out celebration on Tuesday, August 7, 2012. Now, THEREFORE, BE IT RESOLVED: That the Common Council hereby waives the permit fees associated with National Night Out on August 7, 2012: and BE IT FINALLY RESOLVED: That copies of this resolution be sent to the City of Buffalo Department of Public Works and the Buffalo Board of Block Clubs. PASSED NO. 145 BY: DEMONE A SMITH APPOINTMENTS COMMISSIONERS OF DEEDS REQUIRED FOR THE PROPER PERFORMANCE OF PUBLIC DUTIES That the following person(s) are hereby appointed as Commissioner of Deeds for the term ending December 31 2012, conditional upon the persons so appointed certifying under oath to their qualifications and filing same with the City of Buffalo. • Marilyn Cornelius Nicole S. Jones TOTAL2 ADOPTED 10 WN E 11 BY: DEMONE A SMITH APPOINTMENTS COMMISSIONER OF DEEDS That the following person(s) are hereby appointed as Commissioner of Deeds for the term ending December 31,2012, conditional, upon the person so appointed certifying under oath to their qualifications and filing same with the City Clerk: • Craig V. Palladino TOTAL:1 ADOPTED NO. 147 ANNOUNCEMENT OF COMMITTEE MEETINGS The following meetings are scheduled. All meetings are held in the Common Council Chambers, 13 floor City Hall, Buffalo, New York, unless otherwise noted. Regular Committees Committee on Civil Service Tuesday, July 31, 2012 at 9:45 o'clock A.M. Committee on Finance following Civil Service Tuesday, July 31, 2012 at 10:00 o'clock A.M. Committee on Comm. Dev. Tuesday, July 31, 2012 at 1:00 o clock P. . Committee on Legislation Tuesday, July 31, 2012 at 2: 00 o'clock P.M. (Public Disclaimer): All meetings are subject to change and cancellation by the respective Chairmen of Council Committees. In the event that there is sufficient time given for notification, it will be provided. In addition, there may be meetings set up whereby the City Clerk's Office is not made aware: therefore, unless we receive notice from the respective Chairmen, we can only make notification of what we are made aware. NO. 148 ADJOURNMENT On a motion by Mr. Smith, Seconded by Mrs. Russell, the Council adjourned at 3:29 PM GERALD A. CHWALINSKI CITY CLERK