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Home My WebLink About12-0124 (2)NO. 2 PROCEEDINGS OF THE CITY OF BUFFALO JANUARY 24, 2012 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 MICHAEL P. KEARNS -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, Michael P. Kearns, 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, Demone A. Smith - Members FINANCE COMMITTEE: Michael J. LoCurto, Chairman, Michael P. Kearns, 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, Bonnie E. Russell, - Members. RULES COMMITTEE: Richard A. Fontana, Chairman, Bonnie E. Russell, Demone A. Smith - Members E" jxd /e1SeieLVihVil11 i94 *� Members Members BUDGET COMMITTEE: Demone A. Smith, Chairman, Joseph Golombek, Jr., Michael P. Kearns, Darius G. Pridgen, David A. Rivera - Members EDUCATION COMMITTEE: Demone Smith, Chairman, Joseph Golombek, Jr., Michael P. Kearns, Darius Pridgen - Members MINORITY BUSINESS ENTERPRISE COMMITTEE: Demone Smith Chairman, Joseph Golombek Jr., David A. Rivera, Bonnie E. Russell — POLICE OVERSIGHT: Joseph Golombek, Jr., Chairman, David A Franczyk, David A. Rivera, Bonnie E. Russell — Members PUBLIC TRANSPORTATION: Michael P. Kearns, Chairman, Michael J. LoCurto, David A. Rivera, Bonnie E. Russell- Members WATERFRONT DEVELOPMENT COMMITTEE: Michael P. Kearns, Chairman, David A. Franczyk, Joseph Golombek, Jr., Demone A. Smith- INVOCATION PLEDGE TO FLAG MAYOR DATE January 24, 2012 FINAL 1. Appointment of Member to the BMHA R &F 2- IA Appoint Acting Chief Information Officer(Barone) R &F MAYOR - EXECUTIVE 3- 2. Cit Serv- Submission of Monthly Report -Dec 2011 R &F 4- 3. Plan Bd -SEQR- Negative Declaration- 1246 -1250 Bailey(Lov) R &F 5- 4. Plan Bd -SEQR- Negative Declaration -858 E. Ferry(Del) R &F 6- 4A. Strat Plan- 2012- 2013(Yr 38) Annual Action Plan -CDBG, HOME,ESG, HOPWA Grant CD COMPTROLLER 7- 4B Certificate of Necessity- Transfer in Funds -A &F- Budget R &F PUBLIC WORKS 8- 5. Change in Contract -City Court Basement Detention Center(Ell) APP 9- 6. Change in Contract - Colvin Estates(Del) APP 10- 7. Change in Contract -COB Yard Waste Compositing APP 11- 8. Permission to Accept Funds - Reconst MLK Park Splash Pad(Mas) APP 12- 9. Permission to Accept New Doors -Fire Engine 32(Fill) APP 13- 10. Permission to Enter into Agmts Design and Inspection of Main St(Ell) APP 14- 11. Permission to Hire Consultant - Citywide Park Imp(Various) APP 15- 12. Permission to Increase Consultant -Rehab Equip Filter Plant APP 16- 13. Request Permission to Execute Contracts and Preservation Covenants Grants Awarded to Olmsted APP 17- 14. Report of Bids -60 Hedley Pl((Mas) APP 18- 15. Report of Bids - Johnnie B. Wiley Sports Pavillion(Ell) APP FIRE 19- 16. FY10- Metropolitan Response System - Mobile Command Vehicle APP PERMITS AND INSPECTIONS 20- 17. Restaurant Dance License Renewal -26 Allen(Ell) LEG 21- 18. Restaurant Dance License Renewal -532 Main(Ell) LEG HOUSING AUTHORITY 22- 19. To Approve a Salary Increase for General Counsel in the BMHA APP CITY CLERK 23- 20. Liquor License Applications R &F 24- 21. Leaves of Absence R &F 25- 22. Reports of Attendance R &F 26- 23. Appoint Chief of Staff(Staff)(Linder) ADOPT 27- 24. Appoint Sr. Leg Asst IV(Staff)(McAlister) ADOPT 28- 25. Appoint Leg Assistant(Masten)(Fortune) ADOPT 29- 26. Appoint Leg Assistant(Staff)(Beck) ADOPT 30- 27. Appoint Leg Assistant(Univ)(Lamparelli) ADOPT 31- 28. Appoint Leg Assistant(Staff)(Wyatt) ADOPT 32- 29. Appoint Asst Leg Aide(Cty Clk)(Cleveland) ADOPT 33- 30. Appoint Asst Leg Aide(Masten)(Garland) ADOPT 34- 31. Notices of Appointments - Council Interns ADOPT 35- 32. Notices of Appointment - Seasonal R &F MISCELLANEOUS 36- 33. Bflo Wtr Bd- Monthly Wtr Bd Report -Dec 2011 R &F 37- 34. Bflo Wtr Bd- Amendment to Wtr Bd Report -Dec 2011 R &F 38- 34A Citizens for a 21 Century Park at the Outer Harbor CD 39- 34B S. Curvin- Proposed Music Permit & Expansion -708 Elmwood- Acropolis LEG 40- 34C A. Picogna - Support Music at 708 Elmwood- Acropolis LEG 41- 35. LP Ciminelli -Board Packet Documents January 2012 ED 42- 36. L. Clopper- Concerns 708 Elmwood Ave(Del) LEG 43- 37. H. Connor - Concerns 708 Elmwood Ave(Del) LEG 44- 38. R. Stanton - Concerns 708 Elmwood Ave(Del) LEG 45- 39. R. Fontana - Opening Right - Vertical Greenhouse LEG 46- 40. R. Fontana -B. McCaffrey- Concerns Stairs Behind Albright -Knox Museum CD 47- 41. R. Fontana -B. McCaffrey- Manufacturing Jobs in the US R &F 48- 41A R. Fontana - Disbandment of Special Committee on Parks O /Sight R &F 49- 42. M. Kearns - Bringing FiOS to Buffalo LEG 50- 43. M. Kearns - Article -City Hall Fellows LEG 51- 44. S. Norris -Don't Renew Occupy Bflo's Agmt Due to Various Violations R &F 52- 45. S. Wogen -Don't Renew Occupy Bflo's Agmt Due to Various Violations R &F 53- 46. NYSDEC - Cleanup Achieved Brownfield Site -Bflo Color 85 Lee Street R &F 54- 47. NYSDEC - Brownfield Site - Certificate of Completion Buffalo Color R &F 55- 48. D. Pridgen - Inquiry 413 Sherman St CD 56- 48A B. Russell- Article Proposed NFTA Cutbacks in Services LEG 57- 49. D. Smith- Concerns Reconnecting Humboldt Pkwy CD 58- 50. M. Taber - Request Street Resurfacing Clinton/Bailey Area CD,PW PETITIONS 59- 51. W. Xuz, Owner, Use 1563 Hertel(aka 624 Parkside)Convert Portions of 2 Story Masonry for Restaurant(pub hrg 1 /31)(Del) LEG,CPBD 60- 52. S. Hertel, Owner, Use 543 Franklin for a Free Standing Sign(hrg 1 /31)(Ell) LEG,CPBD, ZONING 61- 53. R. Johnson, Agent, Use 68 Barker -Place a Ground Sign(no hrg)(Nia) LEG,CPBD 62- 54. R. Johnson, Agent, Use 1240 Delaware -Place a Ground Sign(no hrg)(Del)_LEG,CPBD 63- 55. G. Kallas, Owner, Use 212 Pearl St -Place Outdoor Cafe at City Owned Property(no hrg)(Ell) LEG,CPBD 64- 55A. D. Wilcox, Agent, Use 2137 Seneca St -Erect a Pole Sign and Place Wall Sign of Facade of Bldg(no hrg)(South) LEG,CPBD RESOLUTIONS 92- 55B Fontana Excuse Councilmember LoCurto from 1/24/12 Meeting ADOPT 93- 56. Fontana Waiver of Fees Kaisertown Coalition Block Club APP 94- 56A. Golombek Ord Amend -Ch 175, Fees LEG 95- 56B Golombek,etc ECC Health Science Center in Downtown Buffalo ADOPT 96- 57. Kearns Defibrillators in All Public Buildings FIN,PW 97- 58. Kearns Ord Amend -Ch 175, Fees - Enumeration of Fees LEG 98- 59. Kearns Ord Amend -Ch 175, Fees - Property Managers LEG 99- 60. Kearns Ord Amend -Ch 316 Peddling & Soliciting LEG 100- 61. Kearns Records Retention and Disposition LEG,CTYCLK 101- 61A LoCurto Transfer in Funds A& F- Budget APP 102- 62. Russell Appoint Legislative Assistant (Univ)(Lamparelli) ADOPT 103- 63. Russell Disch ccp# 23,11/29- Appoint Police Lieutenants(Beaty,Kocol) ADOPT D/C APP 104- 64. Russell Disch ccp# 24, 11/29- Appoint Police Chief(Beaty)-ADOPT D/C APP 105- 64A Smith Disch Various CCP's Special Committee on Parks O /Sight ADOPT D/C R &F 106- 64B Smith Education Committee Empowers a Subcommittee- Citizens Education O /Sight Committee ED 107- 65. Smith Comm of Deeds Public Duties ADOPT 108- 66. Smith Comm of Deeds ADOPT TABLE ITEMS -- - - - - -- Waterfront Neighborhood Community Development Agreement (ccp #3, 8/14/2010) SUBMISSION LIST OF COMMITTEE ITEMS FOR THE COUNCIL MEETINGS CIVIL SERVICE 65- 1. Com l l Jan 10 Appoint Assistant Auditor(Temp)(5 Step)(Wachowski)(Compt) APP 66- 2. Com 26 Jan 10 Appoint Youth Counselor(Perm)(Step 2)(Davis)(Com Svs) APP 67- 3. Com 38 Jan 10 Notices of Appointments- Temp /Prow /Perm(Cty Clk) R &F FINANCE RECOMMIT 80- 16. No 41 Jan 10 68- 4. Com 4 Jan 10 Bflo Mun Water Authority Financial Statements R &F M. Koshoian -Info and Proposal - Mobile Food Vendors R &F 87- 23. No 36 Y/E 6 /30 /2011(Compt) R &F 69- 5. Com 5 Jan 10 Bflo Water Bd Financial Statements Y/E 6 /30 /2011(Compt) R &F 70- 6. Com 6 Jan 10 Comprehensive Annual Financial Report Y/E 6 /30 /2011(Compt) R &F 71- 7. Com 27 Jan 10 Annual Comprehensive Financial Report- 2010- 11(BSA) R &F 72- 8. Com 28 Jan 10 Items Returned by Mayor Without Approval /Disapproval (ccp #59,12/13)(cty clk) R &F 73- 9. No 39 Jan 10 R. Fontana -R. Stroh - Issues With New Water Bill Format R &F COMMUNITY DEVELOPMENT 74- 10. No 39 Nov 15 J. Dudziak & Others, Concerns Condition of James St(Fill) R &F 75- 11. Res 102 Mar 22 Stimulus Fund CDBG(exc res) R &F LEGISLATION 76- 12. No 46 Jan 10 G. Ponmapalam, Agent, Use 427 Elmwood to Convert a Salon to a Sit in 81- 17. Res 67 Jan 10 Ordinance Amendment -Ch 316 - Peddling and Soliciting Mobile Food Truck Vendors 82- 18. No 25 Restaurant and Outdoor Caf6(hrg 1 /I7)(Nia) APP 77- 13. No 47 Jan 10 P. Strada, Agent, Use 761 Hertel Ave to Place a Pole Sign at Scrap Nov 29 B. Baumker, Agent, Use 333 Amherst St. for a Pole Yard(no hrg)(North) APP /COND 78- 14. Com 21 Jan 10 Response Public Skating at City Ice Rinks(PW) R &F 79- 15. Com 24 Jan 10 Food Store (New) -279 Virginia(Fill)(EDPI) RECOMMIT 80- 16. No 41 Jan 10 M. Kooshoian -Info Ord Amend Ch 316 - Peddling & Soliciting- Mobile M. Stenger - Article IX Mobile Food Vendors R &F 86- Food Vendors R &F 81- 17. Res 67 Jan 10 Ordinance Amendment -Ch 316 - Peddling and Soliciting Mobile Food Truck Vendors 82- 18. No 25 Dec 27 S. Green -Ice Rental Rate at City of Buffalo Rinks RECOMMITT 83- 19. No 37 Nov 29 B. Baumker, Agent, Use 333 Amherst St. for a Pole Sign(no pub hrg)(North) APP W /COND 84- 20. Res 46 Dec 27 Ordinance Amendment -Ch 316 Peddling & Soliciting R &F 85- 21. No 58 Nov 1 M. Stenger - Article IX Mobile Food Vendors R &F 86- 22. No 59 Nov 1 M. Koshoian -Info and Proposal - Mobile Food Vendors R &F 87- 23. No 36 Nov 15 M. Stenger- Further Info Article IX- Mobile Food Vehicle Vendors R &F 88- 24. No 37 Nov 15 C. Walsh -Info Mobile Food and Street Vending R &F 89- 25. No 68 Mar 8 Lodging House License -541 Walden(Fill)(EDPI)( #41,5/11)( #74,9/21)( #63,10 /5)_R &F 90- 26. No 61 May 3 D. Smith - WNYYFL Rule Book -2011 R &F 91- 27. Res 116 May 11 Calling for The Creation of a Streets Coordinator (Except Res) R &F FROM THE MAYOR NO. 1 APPOINTMENT OF MEMBER TO THE BUFFALO MUNICIPAL HOUSING AUTHORITY Pursuant to the powers vested in me by Subdivision 2, Section 30 of the Public Housing Law, I hereby appoint the following individual for the remainder of the unexpired term of Crystal Rodriguez, commencing immediately: Donna A. Brown 34 Beverly Road Buffalo, NY 14208 Since June 28, 2010, Donna M. Brown has been the Director of Patient Satisfaction and Cultural Awareness for the Erie County Medical Center, a position for which she was recruited because of here strong community relations experience. Prior to joining ECMC, Ms. Brown served as Deputy Mayor of the City of Buffalo, where she focused on housing and community development issues, education, youth initiatives, community relations, business development /job creation and developed an anti - poverty strategy. Ms. Brown also served as: the Administration's liaison with the Buffalo Public Schools and the district -wide Joint Schools Construction Project, representative on the Mayor's Anti - Flipping Task Force and coordinated city -based housing initiatives in collaboration with the Office of Strategic Planning. A 1983 graduate of D'Youville College with a B.S. in Business Management /English, Ms. Brown, from 2002 to 2007, was employed at LP Ciminelli Inc. During those five years, Ms. Brown served as Director of Community Relations, coordinating LP Ciminelli's interaction with elected officials and community leaders on the ten -year, $1 billion Joint Schools Construction Project in the Buffalo Public School District. Following her years overseeing the company's MM/BE business development initiatives, managing mentoring programs in collaboration with the Buffalo Public Schools, coordinating and executing LP Ciminelli's public communications strategies and serving as a direct point of contact with community • based organizations; Ms. Brown was promoted in November 2007 to the position of Assistant Vice President of LP Ciminelli Solutions. Prior to joining LP Ciminelli, M Brown served as a community developer for the Kensington Bailey Neighborhood Services. From 2000 to 2002, she oversaw the development and management of all neighborhood marketing and business development initiatives, including block club organizing, for the organization. She began her professional career first at General Motors and later HSBC, where she engaged in analytical research and annual budget planning by studying conditions related to client services. Her impressive background and participation in numerous community outreach activities and organizations make Ms. Brown an invaluable addition to the BMHA's Board of Commissioners. I hereby certify that the above -named individual is fully qualified to serve as a member of the Buffalo Municipal Housing Authority. RECEIVED AND NO. 2 DESIGNATION OF ACTING CHIEF INFORMATION OFFICER As the authorities designated to appoint a Chief Information Officer under Section 9 -2 of the City Charter, the undersigned officials hereby unanimously designate Peter Barone as the Acting Chief Information Officer, while we commence the process for the hiring of a permanent Chief Information Officer to be transmitted to the Common Council upon appointment. Mr. Barone meets the qualifications to act as the Chief Information Officer, the post that has become vacant following the retirement of Management Information Systems Director Raj Mehta, who had been acting in said capacity. As this designation is only temporary and places Mr. Barone in an acting capacity, your Honorable Body need not take any further action on this Communication, as it is simply a notification of the same. Thank you for your attention to this matter. RECEIVED AND FILED FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE OFFICE OF CITIZEN SERVICES NO. 3 SUBMISSION OF MONTHLY REPORT- DECEMBER 2011 The Office of Mayor, Division of Citizen Services, hereby submits, for your Honorable Body's review and approval, the monthly reports for the Mayor's Call and Resolution Center for the month of December 2011, as mandated by Section 6 -20(c) of the City of Buffalo's City Charter. This monthly statistical report details the number and 'nature of inquiries, requests and complaints received. RECEIVED AND FILED FROM THE CITY PLANN1NG BOARD NO.4 SEQRA NOTICE OF DETERMINATION NON SIGNIFICANCE NEGATIVE DECLARATION 1246 -1260 BAILEY This notice is issues pursuant to Part 617 of the implementing regulations pertaining to Article 8 (SEAR.- State Environmental Quality Review) of the Environmental Conservation Law. Lead Agency: City of Buffalo Planning Board Room 901 City Hall 65 Niagara Sq Buffalo, NY 14202 Action Title Msgr Geary Parking Lot Expansion Location 1246 -1250 Bailey Avenue As per the revisions of SEAR, the Lead Agency has reviewed the following action as it relates to the environment Action Title Msgr Geary Parking Lot Expansion Location: 1246 -1250 Type of Action unlisted- Uncoordinated Description: DIDonieto Engineering & Design Professionals on behalf of the City of Buffalo Municipal Housing Authority is proposing the construction of 12 parking spaces on the property located at 1246 Bailey Avenue adjacent to their property located at 1250 Bailey Avenue, Buffalo New York. Their current parking is insufficient for the number of tenants residing in the apartments. Another 42 spaces need to be added to bring their total space count to 52, the required minimum to bring them into compliance with the C y of Buffalo code. They are Purchasing 1246 Bailey Avenue and plan on demolishing the home that is currently on that site to make room for the parking spaces, New landscaping and fencing will be added to enhance the aesthetics of the site. The State Office of Parks, Recreation and Historic Preservation have been contacted to eng re that the parcel and structure do not have historical significance. There is no evidence on site to suggest that it has historical significance. Funding will be provided by the City of Buffalo Municipal housing Authority. As a result of this Environmental Review, the Lead Agency has determined the undertaking of this action will not nave a significant adverse affect on the quality of the environment. No further environmental review of this action will be conducted prior to project implementation and a Draft Environmental Impact Statement Will not be prepared. Reasons Supporting This Determination: The facts and reasons for this decision are as follows: the project should have a positive impact for the residents (seniors and disabled the individuals who will now have access to parking that is on fully onsite. The identified potential negative impacts appear to be primarily short -term site preparation and construction related activities, and do not appear to be significant in magnitude or effect. There are no actions, which will have a significant adverse impact on the environment. For further information relative to this Negative Declaration, contact Mr. Martin Grunzweig, Land Use Controls Coordinator ROom 901 City Hall, Buffalo New York 14202- 716 851 -5085 RECEIVED AND FILED NO. 6 SEQRA NOTICE OF DETERMINATION NON SIGNIFICANCE NEGATIVE DECLARATION This notice is issued pursuant to Part 617 of the implementing regulations pertaining to article 8 (SEAR - State Environmental Quality Review), the Environmental Conservation Law Lead Agency: City of Buffalo Planning Board Room 901 City Hall 65 Niagara Square Buffalo New York 1420; As per the provisions of SEAR, the Lead Agency has reviewed the following action as n relates to the environment Action Title True Bethel Housing Homes Development Location: 858 East Ferry Street, Buffalo New York Type of Action: Unlisted - Coordinated Description: Belmont Housing Recourses for Western New York, True Bethel Church and Creative Structures Services, Inc. (project Management) is proposing the construction of thirty unit rental housing initiative on the property located at 858 East Perry Street, Buffalo New York. True Bethel Townhomes is a collaborative effort by Belmont Housing Resources for WNY and True Community Development Corporation and involves the new construction of four multi- fatuity residential buildings and a community building in the Delavan - Grider Neighborhood in the City of Buffalo. A total of thirty townhouse units will be constructed. The unit breakdown will include eight two bedroom, eleven three bedroom, five four bedroom apartments, two ADA two bedroom three ADA three bedroom, and one ADA four bedroom. The purpose of the new housing is to provide decent, safe and affordable housing opportunities to thirty families whose household raceme is less than sixty percent of the Area Median income (AMJ). The proposed development will have the capacity to provide affordable housing opportunities to small and large families, but will also provide five units of affordable rental housing for persons with physical hearing and /or vision impairments. Additionally, True Bethel Townhomes will act as a catalyst for neighborhood revitalization and compliment efforts currently underway in the City of Buffalo's Delavan - Grider Neighborhood by True Community Development Corporation and other community organization. True Bethel Townhomes residents will also be provided amenities at a newly constructed community building on site that features a site management office, community room with fu ] kitchen, laundry facilities, a computer room with internet access and an activity room. A service coordinator will provide tenants with assistance in locating services from other agencies, assist tenants in completing forms and other service to promote their economic and healthy well- being. Regular life skills workshops wilt be held, including presentations on financial fitness, budgeting and how to properly use credit. True Bethel townhomes has been designed to provide safe, functional and durable housing. Unit amenities and finishes include among others: carpeting throughout, sheet vinyl in kitchens and bathrooms, drapery rods, and or mini blinds, energy efficient ranges, ovens and refrigerators, storage closets and central air conditioning. Design features of units and residential buildings have also been incorporated to increase resource efficiency, reduce environmental impacts, and provide long term cost savings. An initial review by the developer suggests that the townhomes will exceed minimum performance standards in the LEED for Homes Program and achieve Silver Certification. A letter from the law firm Harter Secrest & Emery LLP (Craig Sister) dated August 7, 2009 has been included as part of the City of Buffalo Planning Board fife. The letter states: As confirmed by The New York State Department of Environmental Conservation (DEC) itself, this extensive and expensive remediation has resulted in the full remediation of 858 East Ferry Street sufficient to allow for unrestricted future use ". Five units will be fully accessible and move in ready for persons who have mobility impairment or a hearing and /or vision impairment. The, remaining twenty five units will all be handicap adaptable. Design features of accessible units J include roll in showers, lower countertops, lever- type faucets and doors handles, tilt mirrors in bedrooms, and visual door bens and fire alarms. Entrances to accessible units win be at -grade with automatic door openers. The development will feature ample green space augmented by lane scaping features to increase aesthetic appeal. Features will complement existing land uses adjacent to the development site. Exterior patios with furniture and a children's play area will be provided near the community building for resident outdoor recreation. The funding will be provide d through the New York State Department of Housing and Community renewal "DHCR ". The overall development cost is approximately $6,600,000. As a result of this Environmental Review, the lead Agency has determined the undertaking of this .action will not have a significant adverse affect on the quality of the environment. No further environmental review of this action will be conducted prior to project implementation and a Draft Environmental Impact Statement will not be prepared. Reasons Supporting This Determination: The facts and reasons far this decision are as follows: the project should have a positive impact in the surrounding area as well as provide a safe and affordable housing to residential living in the City of Buffalo. The identified potential negative impacts appear to be primarily short term site preparation and construction related activities, and do not appear to be significant in magnitude or effect. There are no actions, Which will have a significant adverse impact o n the environment. RECEIVED AND FILED FROM THE OFFICE OF STRATEGIC PLANNING NO. 6 2012 -2013 (YR 38) ANNUAL ACTION PLAN COMMUNITY DEVELOPMENT BLOCK GRANT, HOME, ESG, AND HOPWA GRANT Attached for Your Honorable Body's consideration, please find the City of Buffalo's proposed 2012 -2013 Annual Action Plan in accordance with the projected allocation of $17,897,986 in funds set forth by the U.S. Dept. of Housing & Urban Development (HUD): Community Development Block Grant HOME Investment Partnership Grant Emergency Solutions Grant Housing Opportunities for Persons with AIDS This year's Annual Action Plan funds a "place- based" neighborhood development approach announced in last year's State of the City. The Buffalo Urban Renewal Agency (BURA) worked with the Local Office of HUD over the past year developing this best practice approach and will continue to work with the Local Office during implementation. The Annual Action Plan continues to work within the Livable Communities framework enacted in the City's Consolidated Plan. The neighborhood development strategy unites neighborhood business and community development programs in BURA. Funding priorities are guided by public comment received during the Green Code process, information received from the 311 Call & Resolution Center, and neighborhood assessments conducted by BURA planning staff. Existing programs, such as the demolition program, public infrastructure improvements, public service agencies, and housing are all accounted for within the neighborhood planning initiatives and will be supplemented this year with a new commercial corridor program guided by a consultant with national experience providing assistance to businesses and business associations, a new business development loan program, and micro - enterprise assistance. The Annual Action Plan continues the strong commitment to assisting senior citizens and youth by committing approximately $750,000 for senior programs and approximately $750,000 for youth programs. Greater emphasis will also be placed on using the HOME Investment Partnership Grant to meet the housing needs of seniors and veterans. In furtherance of its responsibilities for the management of federal funds, the City of Buffalo will augment the present monitoring of sub recipients including additional bookkeeping reviews, criminal background checks of individuals with primary responsibility for management of federal funds, and a review of best practices at the individual agencies. The purpose is twofold: to improve efficiency in an economic climate where funding sources have dwindled; and to provide a complete profile of each agency's ability to deliver needed programs to the citizens of the City. Cooperation by the sub recipients to the satisfaction of the City will be a condition to funding. Pursuant to HUD's citizen participation requirements, the City's 2012 -2013 Annual Action Plan has been developed through a public hearing process and is designed to carry out the objectives in the City's approved 2008 -2012 Consolidated Plan. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT. FROM THE COMPTROLLER NO. 7 CERTIFICATE OF NECESSITY TRANSFER OF FUNDS We, Byron W. Brown, Mayor and Mark J.F. Schroeder, Comptroller, do hereby certify, pursuant to Section §20 -12 of the Charter, that it is necessary that the sum of $100,000 be transferred and reappropriated as set forth below: From: 1150006 480000 Budget - Administration & Finance Other Services $100,000.00 To: Various Arts & Culturals $100,000.00 RECEIVED AND FILED FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO. 8 CHANGE IN CONTRACT CITY COURT BASEMENT DETENTION CENTER JOB #1043 ELLICOTT DISTRICT I hereby submit to Your Honorable Body the following changes for City Court, Basement Detention Center, Frey Electric Construction Co., C #93000805. 1. Additional electrical work required, i.e. change lights from ACP mount to GYP mount emergency feeder reconstruction. The foregoing changes result in a net increase in the contract of Thirteen Thousand Seven Hundred Seventy Eight and 00/100 Dollars ($13,778.00). Summary Original Contract Amount $920,000.00 Amount of this Change Order( #1) $13,778.00 Revised Contract Amount $933,778.00 Costs have been reviewed by the consultant (Kidney Architects) and the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in 34323006 445100 - Buildings. Mr. Smith moved: That the above communication from the Department of Public Works, Parks and Streets, dated January 17, 2012 be received and filed; and That the Commissioner of Public Works, Parks and Streets is hereby authorized to issue Change Order #1 on Contract #93000805, Job #1043 - City Court Basement Detention Center - in the amount of $13,778.00 with Frey Electric Construction Co. for a revised total contract amount of $933,778.00. Funds for this work are available in 34323006 445100 - Buildings. PASSED AYES -8 NOES -0 NO. 9 CHANGE IN CONTRACT- CHANGE ORDER NO 1 COLVIN ESTATES SUBDIVISION, GR. #719 MILHERST CONSTRUCTION INC. CONTRACT #93000675 ITEM #33, C.C.P. 07/20/10 Bids available for review in the City Clerk's Office I respectfully certify that this change order is fair and equitable for the work involved, and respectfully request that your Honorable Body approve the subject Change order and authorize the Commissioner of Public Works to issue said change order to Milherst Construction Inc. Funds for the change order amount are available in account nos. 33311106 - 445100, 34311506 - 445100 and an account to be named at a later date. Mr. Smith moved That the above communication from the Department of Public Works, Parks and Streets, dated January 11, 2012 be received and filed; ,and That the Commissioner of Public Works, Parks and Streets is hereby authorized to issue Change Order #1 on Contract #93000675, Colvin Estates Subdivision, Gr. #719 - in the total amount of $48,946.87 with Milherst Construction Inc. for a revised total contract amount of $885,974.87. Funds for this work are available in Account Nos. 33311106 - 445100, 34311506 - 445100 and an account to be named at a later date. This Change Order request was necessitated by a lot reconfiguration approved by the City Planning Board that extended the roadbed by approximately 60 linear feet and for the addition of a catch basin to minimize runoff from Colvin Avenue. PASSED AYES -8 NOES -0 NO. 10 CHANGE IN CONTRACT CITY OF BUFFALO YARD WASTE COMPOSTING CONTRACT #93000726 1 hereby submit to Your Honorable Body the following changes for the CITY OF BUFALO yard waste removal contract #93000726 from $70,000.00 to $76,000.00 as the company Lardon Construction Corp. has hauled away more compost than last year. The account for this is 5202606/442100. Mr. Smith moved: That the above communication from the Department of Public Works, Parks and Streets, dated January 10, 2012 be received and filed; and That the Commissioner of Public Works, Parks and Streets is hereby authorized to issue Change Order #1 on Contract #93000726, City of Buffalo Yard Waste Composting, in the amount of $6,000.00 with Lardon Construction Corp. for a revised total contract amount of $76,000.00. Funds for this work are available in Account No. 5202606- 442100. This Change Order request was necessitated by an increase in yard waste tonnage over last year. PASSED AYES -8 NOES -0 NO. 11 PERMISSION TO ACCEPT FUNDS FOR THE RECONSTRUCTION OF THE MILK PARK HUMBOLDT BASIN - SPLASH PAD MASTEN DISTRICT ITEM NO. 10, CCP 05/31/11 1 respectfully request that Your Honorable Body authorize the Department of Public Works, Parks and Streets to accept funds in the amount of $100,000.00 from the Buffalo Olmsted Conservancy for the Reconstruction of the MLK Park Humboldt Basin - Splash Pad. These funds will be utilized to fund alternate(s) of the project. The alternates of the original bid package were not contracted due to the lack of funds. Mr. Smith moved: That the above communication from the Department of Public Works, Parks and Streets, dated January 17, 2012 be received and filed; and That the Commissioner of Public Works, Parks and Streets is hereby authorized to accept funds in the amount of $100,000.00 from the Buffalo Olmsted Conservancy for the Reconstruction of the MLK Park Humboldt Basin - Splash Pad. PASSED AYES -8 NOES -0 NO. 12 PERMISSION TO ACCEPT NEW DOORS FIRE ENGINE 32 (SENECA/SWAN) FILLMORE DISTRICT Permission is hereby requested from Your Honorable Body to accept new doors (3 high bay ladder truck doors and 1 smaller garage door) to be donated by the Larkin Group for Fire Engine 32 (Seneca /Swan). The specifications submitted by Nichter Associates have been reviewed and approved by the Office of Planning & Design and Fire Commissioner Whitfield. The value of this project is $29,876.00. Mr. Smith moved: That the above Communication from the Department of Public Works, Parks and Streets, dated January 18, 2012 be received and fled; and That the Commissioner of Public Works, Parks and Streets is hereby authorized to accept new doors (3 high bay ladder truck doors and 1 smaller garage door) to be donated by the Larkin Group for Fire Engine 32 (Seneca /Swan). The specifications submitted by Nichter Associates have been reviewed and approved by the Office of Planning and Design and Fire Commissioner Whitfield. The value of this donation is $29,876.00. PASSED AYES -8 NOES -0 NO. 13 PERMISSION TO ENTER INTO AGREEMENTS WITH FHWA, FTA, NYSDOT, DASNY, STATE OF NEW YORK, NFTA, AND /OR GBNRTC FOR THE DESIGN, INSPECTION AND CONSTRUCTION OF MAIN STREET - 500 BLOCK CHIPPEWA TO COURT STS. ELLICOTT DISTRICT CITY OF BUFFALO, COUNTY OF ERIE The Federal Highway Administration (FHWA) have designated $18.750M for the design, construction and construction inspection of the 500 Block of Main Street. The Federal funding for this project was obtained through the "Tiger (Transportation Investment Generating Economic Recovery) Discretionary Grants" Program. The project will be listed on the New York State Regional Transportation Improvement Program (TIP) in the near future. In order to move this project forward, this Department is requesting that Your Honorable Body authorize the Mayor and /or this Department to enter into all necessary agreements with the FHWA, FTA, NYSDOT, DASNY, State of New York, NFTA, and /or GBNRTC. These agreements would enable the City and this Department to accept the TIGER III funding (and match funds) and to administer this project. It will also cover all necessary work needed to complete the design, construction, and inspection of this project. Mr. Smith moved: That the above Communication from the Department of Public Works, Parks and Streets, dated January 19, 2012 be received and filed; and That the Commissioner of Public Works, Parks and Streets, The Public Works Department and /or the Mayor are authorized to enter into all necessary agreements with the FHWA, FTA, NYSDOT, DASNY, State of New York, NFTA, and /or GBNRTC to enable the City and the Department to accept TIGER III funding (and match funds) and to administer the design, construction and construction inspection of the 500 Block of Main Street, which is being financed by $18.75 million of FHWA TIGER funds. PASSED AYES — 8 NOES - 0 NO. 14 PERMISSION TO HIRE CONSULTANT CITYWIDE PARKS IMPROVEMENTS VARIOUS DISTRICTS Permission is hereby requested from Your Honorable Body to retain Nussbaumer & Clarke, Inc. as a consultant for the Architectural and Engineering Services for Citywide Parks Improvements. The improvements will consist of, but not be limited to, basketball, tennis and floor hockey courts. $140,000.00 is the "not to exceed" cost of this contract. Funds are available in 32400506 445100 and 33400306 445100 - Buildings. Mr. Smith moved: That the above Communication from the Department of Public Works, Parks and Streets, dated January 18, 2012 be received and filed; and That the Commissioner of Public Works, Parks and Streets is authorized to retain Nussbattmer and Clarke, Inc. as consultants for the Architectural and Engineering Services for Citywide Parks Improvements, which will consist of basketball, tennis and floor hockey courts, among other things. The contract amount shall not exceed $140,000.00. Funds for this contract are available in 32400506 445100 and 33400306 445100 - Buildings. PASSED AYES - 8 NOES — 0 NO. 15 PERMISSION TO INCREASE CONSULTANT CONTRACT NUSSBAUMER & CLARKE, INC. REHAB OF EQUIP IN LLPS AT FILTER PLANT CONTRACT # 93000257 (ITEM NO. 27, 3/22/11) I hereby submit to your Honorable Body the following change for this contract. Nussbaumer & Clarke, Inc. is the engineering consultant for Rehabilitation of Equipment in LLPS at Filter Plant. This increase is necessary for services related to additional construction administration (CA) and construction inspection (CI) of the presently ongoing contract work for Rehabilitation of Equipment in LLPS at the Filter Plant. This represents the second calendar year of a three year construction contract, as per the original contract agreement presented in prior council reference noted above. The additional work requires expanded on -site presence by Nussbaumer inspection personnel and an increased involvement of Nussbaumer engineering personnel in the field during construction, start -up and testing due to the level of difficulty associated with the installation of the new switchgear and coordination of the medium voltage service work included in this project. Original Contract Amount: $400,000.00 Previous Increase: $141,500.00 This Increase: $172,400.00 Total: $713,900.00 1 certify that this increase is fair and equitable for the work involved and respectfully request that your Honorable Body approve the subject change order and authorize the Commissioner of Public Works. Parks and Streets to issue said increase for $172,400.00. The funds will be available in Division of Water account 53220746 445100, an account(s) to be named at a later date. Mr. Smith moved: That the above Communication from the Department of Public Works, Parks and Streets, dated January 18, 2012 be received and tiled; and That the Commissioner of Public Works, Parks and Streets is hereby authorized to issue Change Order Number 2 to Nussbaumer and Clarke, Inc. as the engineering consultants for the rehabilitation of equipment in LLPS at the Filter Plant in the amount of $172,400.00 for a total contract amount of $713,900.00. Funds for this increase are available in Division of Water account 53220746 445100and accounts to be named at a later date. This cost increase is necessary for services related to additional construction administration and construction inspection of the presently ongoing contract wok for rehabilitation of equipment in LLPS at the Filter Plant and expanded on -site presence of Nussbaumer & Clark inspection and engineering personnel in the field during this project. PASSED AYES -8 NOES - 0 NO. 16 REQUEST PERMISSION TO EXECUTE CONTRACTS AND PRESERVATION COVENANTS FOR THE NYS DEC EPF GRANTS E09046 & # E09999 AWARDED TO THE BUFFALO OLMSTED PARKS CONSERVANCY PRIOR COUNCIL REFERENCE: No. 24 of June 28, 2011 Permission is hereby requested from Your Honorable Body to execute contracts and preservation covenants for the following grants awarded to and to be administered by the Buffalo Olmsted Parks Conservancy, to be implemented in various City of Buffalo parks as follows: Grant Name Amount Description 2009 -10 EPF- E09999 $500,000 MLK, Jr. Park Humboldt Basin Riverside Park Improvements Delaware Park Parkside Lodge Improvements 2009 -10 EPF- E09046 $50,000 MLK, Jr. Park Basin Stairs Steven J. Stepniak Commissioner Mr. Smith moved: That the above Communication from the Department of Public Works, Parks and Streets, dated January 19, 2012 be received and filed; and That the Commissioner of Public Works, Parks and Streets is hereby authorized to execute contracts and preservation covenants for the NYS DEC EPF Grants EO9046 & EO9999 awarded to the Buffalo Olmsted Parks Conservancy to be implemented as follows: 2009 -10 EPF- E09999 - $500,000.00 for MLK, Jr. Park Humboldt Basin, Riverside Park Improvements, Delaware Park Parkside Lodge Improvements and 2009 -10 EPF- E09046 - $50,000.00 for MLK, Jr. Park Basin Stairs. PASSED AYES -8 NOES - 0 300 Scott St., Buffalo, NY NO. 17 REPORT OF BIDS 60 HEDLEY PLACE RECONSTRUCTION - PHASE 2 JOB #11103 1 advertised for on December 6. 2011 and received the following sealed formal bids for 60 Hedley Place, Reconstruction - Phase 2, which were publicly opened and read on January 10, 2012 General Construction Ledge Creek Development, Inc. $614,000.00 10100 County Rd., Clarence Ctr, NY Wisandra Construction $770,000.00 300 Camden, Buffalo NY Hadala Construction $771,000.00 325 Grote, Buffalo NY Sicoli Construction Services, Inc. $845,700.00 4800 Hyde Park, Niagara Falls, NY C. Nichter Construction Inc. $920,000.00 30 Wildwood, Lancaster NY Electrical Construction Frey Electric Construction Co., Inc. $141,000.00 100 Pearce Ave., Tonawanda, NY CIR Electrical Construction Corp. $143,400.00 400 Ingham, Buffalo, NY Weydman Electric, Inc. $145,000.00 747 Young St., Tonawanda, NY Plumbing Construction U S Veterans Construction & Mgmt $135,999.00' 1039 Niagara, Buffalo, NY Ackerman Plumbing, Inc, $168,281.00 678 Sheridan, Tonawanda, NY W C Roberson Plumbing & Construction $200,000.00 602 E Delavan, Buffalo, NY Mollenberg Betz, Inc. $208,250.00 300 Scott St., Buffalo, NY 'On 01 /17/12 U S Veterans Construction & Mgmt. voluntarily withdrew their bid for this project. HVAC Construction Parise Mechanical $167,000.00 1106 Sheridan, Tonawanda, NY Greater Niagara Mechanical $172,300.00 7311 Ward Rd., N. Tonawanda, NY John W Danforth Co. $182,330.00 300 Colvin Woods, Tonawanda, NY I hereby certify that the foregoing is a true and correct statement of all bids received and that the following are the lowest responsible bidders in accordance with the plans and specifications: General Construction: Ledge Creek Development, Inc. in the amount of Six Hundred Fourteen Thousand and 00/100 Dollars ($614,000.00); Electrical Construction: Frey Electric in the amount of One Hundred Forty One Thousand and 00/100 ($141,000.00); Plumbing Construction: Ackerman Plumbing in the amount of One Hundred Sixty Eight Thousand Two Hundred Eighty One and DO /100 Dollars ($168,281.00); HVAC Construction: Parise Mechanical, Inc. in the amount of One Hundred Sixty Seven Thousand and 00/100 Dollars ($167,000.00); for a total of One Million Ninety Thousand Two Hundred Eighty One and 00/100 Dollars ($1,090,281.00). 1 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 36310306 445100; 38320606 445100; 32321706 445100- Buildings, and another account to be named at a later date. Steven J. Stepniak Commissioner Mr. Smith moved: That the above Communication from the Department of Public Works, Parks and Streets, dated January 17, 2012 be received and filed; and That the Commissioner of Public Works, Parks, and Streets is hereby authorized to order the following work on the basis of the lowest responsible bids for 60 Hedley Place Reconstruction -Phase 2 Contract, which bids were publicly opened on January 10, 2012: General Construction: Ledge Creek Development, Inc. in the amount of Six Hundred and Fourteen Thousand and 00/100 dollars ($614,000.00). Electrical Construction: Frey Electric in the amount of One Hundred Forty One Thousand and 00/100 dollars ($141,000). Plumbing Construction: Ackerman Plumbing in the amount of One Hundred and Sixty -Eight Thousand Two Hundred and Eighty One and 00/100 Dollars ($168,281.00) HVAC Construction: Parise Mechanical, Inc. in the amount of One Hundred Sixty Seven Thousand and 00/1 00 Dollars ($167,000). The Commissioner of Public Works, Parks & Streets to order on the basis of the lowest responsible bids detailed above. Funding for this project is available in 36310306 445100; 38320606 445100 - Buildings, and another account to be named at a later date. PASSED AYES -8 NOES - 0 NO. 18 REPORT OF BIDS JOHNNIE B. WILEY SPORTS PAVILION INTERIOR ALTERATIONS, PHASE 1 JOB #1051A - HVAC WORK ELLICOTT DISTRICT I advertised for on December 30, 2011, and received the following formal sealed bids for the Johnnie B. Wiley Sports Pavilion, Interior Alterations, Phase 1, HVAC Work, which were publicly opened and read on January 10, 2012. Parise Mechanical, Inc. $57,700.00 1106 Sheridan, Tonawanda, NY Allied Mechanical $58,097.00 111 Niagara, Buffalo NY John W. Danforth Co. $59,252.00 300 Colvin Woods, Tonawanda, NY W.C. Roberson $59,600.00 602 E Delavan, Buffalo NY I hereby certify that the foregoing is a true and correct statement of all bids received and that Paris Mechanical, Inc., with a bid of Fifty Seven Thousand Seven Hundred and 00/100 Dollars ($57,700.00), 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 33320806 451000 - Buildings. Mr. Smith moved: That the above Communication from the Department of Public Works, Parks and Streets, dated January 17, 2012 be received and filed; and That the Commissioner of Public Works, Parks and Streets is hereby authorized to order the following work on the basis of the lowest responsible bids for the Johnny B. Wiley Sports Pavilion, Interior Alterations, Phase I, HVAC Work, which bids were publicly opened on January 10, 2012: Parise Mechanical, Inc., 1106 Sheridan, Tonawanda, NY, Fifty Seven Thousand and Seven Hundred and 00/100 Dollars ($57,700.00). The Commissioner of Public Works, Parks & Streets is authorized to order on the basis of the lowest responsible bid detailed above. Funding for this project is available in 33320806 451000 - Buildings. PASSED AYES - 8 NOES — 0 FROM THE COMMISSIONER OF FIRE NO. 19 FY10 METROPOLITAN MEAJCAJ RESPONSE SYSTEM CONTRACT #C834205 MOBILE COMMAND VEHICLE We are requesting approval to accept and expend the NYS Div. of Homeland Security #WM10834205 MMRS Grant funds totaling $317,419.00 for a Mobile Command Vehicle in accordance with the grant guidelines These funds will enable us to continue to enhance the jurisdiction's Metropolitan Medical Response Plan to respond to any range of mass casualty incidents from chemical, biological, radiological, nuclear and explosive events as well as epidemic outbreaks, natural disasters, large -scale hazardous material incidents Garnell W. Whitfield Commissioner of Fire Mr. Smith moved: That the above Communication from the Department of Fire, dated January 12, 2012 be received and filed; and That the Commissioner of Fire is hereby authorized to accept and expend the NYS Div. of Homeland Security #WM10834205 MMR.S Grant Funds totaling $317,419.00 for a Mobile Command Vehicle in accordance with the grant guidelines. PASSED AYES -8 NOES -0 FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT & INSPECTION SERVICES NO. 20 RESTAURANT DANCE LICENSE (RENEWAL) 26 ALLEN(ELL) Pursuant to Chapter 150 of the City of Buffalo Ordinances, please be advised that I have caused an investigation into the premises located at 26 Allen for which said renewal application for a Restaurant Dance Class IV license is being sought by Walter Ward @ Cathode Ray 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. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 21 RESTAURANT DANCE LICENSE (RENEWAL) 632 MAIN (ELL) Pursuant to Chapter 150 of the City of Buffalo Ordinances, please be advised that I have caused an investigation into the premises located at 532 Main for which said renewal application for a Restaurant Dance Class III license is being sought by Hyatt Regency Banquet Rooms 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. REFERRED TO THE COMMITTEE ON LEGISLATION FROM THE BUFFALO MUNICIPAL HOUSING AUTHORITY NO. 22 TO APPROVE A SALARY INCREASE FOR GENERAL COUNSEL IN THE BUFFALO MUNICIPAL HOUSING AUTHORITY In accordance with Section 32 of the Public Housing Law, we respectfully request that your Honorable Body consider and approve the attached Resolution No. 12.1.19.1 regarding the salary range for BMHA General Counsel that was approved by the BMHA Board of Commissioners at a special meeting held on January 19, 2022. Dawn E. Sanders Executive Director Mr. Smith moved: That the above Communication from the Buffalo Municipal Housing Authority (BMHA) be received and filed and that the BMHA is hereby authorized to increase the salary range for the position of General Counsel to include a range of $93,897 - $100,000 Department of Fire, dated January 12, 2012 be received and filed; and PASSED AYES -8 NOES -0 FROM THE CITY CLERK NO. 23 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 274 Delaware Ave Underground Nite Club Emery, LLC 1632 -34 Bailey Pending DBA Dennis Browning RECEIVED AND FILED NO. 24 LEAVES OF ABSENCE WITHOUT PAY I transmit herewith notifications received by me, reporting the granting of the leaves of absence without pay, in the various departments as listed: Police- Armondo P. Cordone, Michael Anderson, Debra Wojtasik RECEIVED AND FILED. NO. 26 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. 26 APPOINT CHIEF OF STAFF(STAFF)(LINDER) Certificate of Appointment Appointment Effective: 1/5/12 in the Department of Common Council Division of Council Staff to the Position of Chief of Staff Unclassified Non - Competitive Flat starting salary of $60,000. Kevin Linder, 292 Potters Rd, Buffalo 14220 ADOPTED NO. 27 APPOINT SR. LEG ASST IV (STAFF)(MCALISTER) Certificate of Appointment Appointment Effective: 1/5/12 in the Department of Common Council Division of Council Staff to the Position of Senior Legislative Assistant IV Unclassified Non - Competitive Flat starting salary of $55,000. Todd McAlister, 88 Connelly Avenue, Buffalo 14215 ADOPTED NO. 28 APPOINT LEG ASSISTANT (MASTEN)(FORTUNE) Certificate of Appointment Appointment Effective: 1/5/12 in the Department of Common Council Division of Masten District to the Position of Legislative Assistant Unclassified Non - Competitive Flat starting salary of $41,163. Nikita Fortune, 52 Urban St., Buffalo 14211 ADOPTED NO. 29 APPOINT LEG ASSISTANT (STAFF)(BECK) Certificate of Appointment Appointment Effective: 1/6/12 in the Department of Common Council Division of Council Staff to the Position of Legislative Assistant Unclassified Non - Competitive Flat starting salary of $41,163. Edward Beck, 152 Elmwood Avenue, Buffalo 14201 ADOPTED NO. 30 APPOINT LEG ASSISTANT (UNIV)(LAMPARELLI) Certificate of Appointment Appointment Effective: 1/23/12 in the Department of Common Council Division of University District to the Position of Legislative Assistant Unclassified Non - Competitive Flat starting salary of $41,163. Mary E. Lamparelli, 82 Larchmont Rd. Buffalo 14214 ADOPTED NO. 31 APPOINT LEG ASSISTANT (STAFF)(WYATT) Certificate of Appointment Appointment Effective: 1/9/12 in the Department of Common Council Division of Council Staff to the Position of Legislative Assistant Unclassified Non - Competitive Flat starting salary of $41,163. Rasheed Wyatt, 73 Easton Avenue, Buffalo 14215 ADOPTED NO. 32 APPOINT ASST LEG AIDE(CTY CLK)(CLEVELAND) Certificate of Appointment Appointment Effective: 1/17/12 in the Department of Common Council Division of City Clerk to the Position of Legislative Assistant Aide Unclassified Non - Competitive Flat starting salary of $27,018 TuWanner Cleveland, 359 Suffolk #10, Buffalo 14215 ADOPTED NO. 33 APPOINT ASST LEG AIDE(MASTEN)(GARLAND) Certificate of Appointment Appointment Effective: 1/13/12 in the Department of Common Council Division of Masten District to the Position of Legislative Assistant Aide Unclassified Non - Competitive Flat starting salary of $27,018 Frank Garland, III, 64 Urban Street, Buffalo 14211 ADOPTED NO. 34 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: 1/4/12 in the Department of Common Council Division of Ellicott District to the Position of Intern VI Unclassified Non - Competitive Flat starting salary of $10.00 Monica Lewis, 14 Dartmouth Lwr, Buffalo 14215 Certificate of Appointment Appointment Effective: 1/9/12 in the Department of Common Council Division of South District to the Position of Intern VIII Unclassified Non - Competitive Flat starting salary of $15.00 Matthew Fisher, 111 Eden St, Buffalo 14220 Certificate of Appointment Appointment Effective: 1/9/12 in the Department of Common Council Division of Niagara District to the Position of Intern VIII Unclassified Non - Competitive Flat starting salary of $15.00 Sean Mulligan, 23 Livingston St, Buffalo 14213 NO. 35 NOTICES OF APPOINTMENTS - SEASONAL /FLAT I transmit herewith certificates received by me, reporting seasonal and fiat salary appointments made in various departments. RECEIVED AND FILED. Certificate of Appointment Appointment Effective: 1/9/12 in the Department of Public Works, Parks & Streets Division of Streets to the Position of Seasonal Appointment starting salary of $11.87 Roland Kerr, 167 Roosevelt Avenue, Buffalo 14215 NON - OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON - OFFICIAL COMMUNICATIONS NO. 36 BUFFALO WATER BOARD - MONTHLY WATER BD REPORT -DEC 2011 Buffalo Water Operated by Veolia Water MONTHLY WATER BOARD REPORT December, 2011 Buffalo Water Board Chairperson: Oluwole McFoy Vice Chairperson: Donna Estrich Member: Gerald E. Kelly Member: William L. Sunderlin City of Buffalo Commissioner of Public Works, Parks & Streets Steven Stepniak City Engineer Peter Merlo 0x61:4KJARIF 1►1U914 :4C NO. 37 BUFFALO WATER BOARD - AMENDMENT TO WATER BD REPORT — DEC 2011 Attention: Records Management Veolia Water Amendment to December 2011 Report RECEIVED AND FILED NO. 38 CITIZENS FOR A 21 CENTURY PARK AT THE OUTER HARBOR Opportunity is knocking twice. 100 years ago Frederick Law Olmsted designed a waterfront park for family entertainments for Buffalo at South Park. It didn't happen then but it could happen now. We get a second chance to make the Outer Harbor a family playspace for the 21 st Century We are a civic minded group of citizens gathering momentum for a unique active park at the waterfront. In the Spirit of Olmsted, we envision a park that celebrates his concepts in the revitalization of Buffalo's waterfront. Citizens for a 21 st Century Park at the Outer Harbor Joan Bozer, former Erie County Legislator Frank Kowsky, Distinguished Professor of Fine Arts, Olmsted scholar, author Elizabeth Nichols, trustee WNY Sustainable Energy Brian Dold, landscape architect Olmsted Conservancy Joanne Kahn, former chair Delaware Park Steering Committee Carol LaDuca, writer, graphic designer Citizen's Advocacy Group for a 21 st Century Park on the Outer Harbor Joan Bozer, former Erie County Legislator Frank Kowsky, distinguished Professor of Fine Arts, Olmsted scholar and author Elizabeth Nichols, trustee WNY Sustainable Energy Association Brian Dold, landscape architect Olmsted Conservancy Joanne Kahn, former chair of Delaware Park Steering Committee Carol LaDuca, writer and graphic designer Celebrating Olmsted's Concepts In the Revitalization of Buffalo's Waterfront "Judging from the general drift of public opinion with reference to such matter, as I have had occasion to follow in other cities, the project of a lake shore park will be from time to time revived until, from regard to the interest of the city as a whole„ it is adopted." F.L. Olmsted to Buffalo Park Commissioners, January 1889 regarding South Park. We are here today to advocate for the dedication of land on the Outer Harbor for a park where Frederick Law Olmsted's world famous park designs and forward- thinking conservation principles can be implemented in a modern and active waterfront park, dedicated to Frederick Law Olmsted. The park would include the innovative ideas FLO proposed for his original plan for a waterfront South Park - a plan that was never carried out. It included (1) a picturesque canal connecting the waterfront with downtown Buffalo using electric boats and water taxis (2) activity islands accessible only by boat, (3) the use of windmills to power lights, (4) islands for wildlife and birds, etc. By including Olmsted's design elements in the revitalization of our waterfront, we are demonstrating the relevance of his planning principles to modern times, including separation of uses and creation of beauty and picturesqueness - trademarks of all Olmsted landscapes. Possible strategies for the maintenance and management of the Park include municipal bond issue, coordinated management of park using BUDC and Buffalo arrangement for Union Ship Canal Park, licensing agreement with Erie County similar to the one approved for the maintenance of the land (park) around the Light House, possible expansion of Buffalo Place Assessment District, etc. The development of the Outer Harbor provides an opportunity for creating a world class destination for cultural and eco tourism in our region. We urge the following guidelines be used for the entire waterfront campus - assure public access - eliminate industrial zoning - assure lake related uses - establish maximum parking standards for all new development - provide additional public transportation -multi modal strategies to Outer Harbor -zone for building height limits to provide vistas or buffers - dedicate parkland to protect against over development -use sustainable energy sources - complete Olmsted's legacy by dedicating the park to him REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 39 PROPOSED MUSIC PERMIT & EXPANSION OF ACROPOLIS RESTAURANT & BAR 708 ELMWOOD AVENUE, BUFFALO, NEW YORK Dear Council Members: I attended the community informational meeting with regard to the proposed music permit and expansion of the Acropolis Restaurant & Bar at 708 Elmwood Avenue, Buffalo, New York on January 19, 2012 at the Lafayette Church, however, due to another commitment, I was unable to speak at the meeting. I would like to provide this letter to lend my support for the proposal. I have owned a home on Lancaster Avenue in the Elmwood Village neighborhood since 1990. Previous to that, I was living in a home that I purchased on Lexington Avenue in the Elmwood Village area in 1984. One of the reasons I was attracted to the area and one of the reasons that I remain in the area is the mixture of businesses and residences within the area which affords me the ability to have a cup of coffee, grocery shop, gift shop and go to a restaurant, all within my own neighborhood and without the necessity of needing a vehicle. I was at a loss to understand the concern of other neighbors in the area with regard to noise that might be generated by the proposed expansion into the second floor of the Acropolis. To my understanding, the expansion will be within the parameters of the building itself and the building will close off at 11:00 p.m., which would seem to add only minimally, if at all, to the noise level in the neighborhood through 11:00 p.m. Currently, there is a business that markets itself as a "martini bar" (Cecelia's Restaurant) located only one door away from the Acropolis, which business has an open patio outside the walls of the restaurant itself. Additionally, almost directly across the street, a business that markets itself as a "gastro -pub" but certainly focuses on serving beer (The Blue Monk) also has an open patio outside the building. By contrast, the Acropolis restaurant has service of food as its main focus, with only an incidental bar service. I have frequented the Acropolis Restaurant on numerous occasions and I have found the restaurant to be patronized by mainly couples and families. I believe that this is the type of business that the Elmwood Village neighborhood should support. At the meeting of January 19, 2012, there was some reference made by the Elmwood Village Association to a concession concerning the expansion of the restaurant to the second floor, provided that a service bar would not be located on the second floor. Given this proposal, I suspect that few, if any, of the members of the Elmwood Village Association have spent any time in the food service industry. The proposal of eliminating the service bar on the second floor from the proposed plans seems unworkable from both a business standpoint and the standpoint of a patron of a restaurant. Ordering drinks at a table for two would require the waitstaff personnel to travel up and down 15 -20 steps for each order, jockeying for position among patrons. Multiply this amount by 2 or 3 rounds per table and multiply the number of tables and one can see that the waiter or waitress assigned to the upstairs portion of the restaurant would be in for a very long and fatiguing evening (not to mention the wait times for refreshment beverages experienced by the patrons of the restaurant). A number of my neighbors who were in attendance at the meeting of January 19, 2012 voiced their concern, not about the restaurant as it is currently run, but about what they were afraid the restaurant would become. During the two years that Paul Tsouflidis has owned the Acropolis Restaurant, he has done nothing but make improvements to the restaurant while taking into consideration and responding to constructive and reasonable criticism from his neighbors. I suggest that we take him at his word that he is interested in expanding the restaurant so that he can seat larger parties and accommodate banquets, rather than pre- occupy ourselves with "what the restaurant might become ". A concern was voiced by neighbors regarding patrons leaving the restaurant who were either boisterous or destructive of property. I am not clear on how the neighbors in the area can trace the boisterous /destructive conduct to patrons of the Acropolis Restaurant as opposed to other establishments in the area that serve alcoholic beverages (or, for that matter, non - alcoholic beverages). Additionally, a business owner can only be expected to address problems of misbehavior by patrons within the confines of his or her own business, with the patrons themselves accepting some responsibility for their own boisterous /destructive behavior (please accept this portion of the letter as an incidental plug for an increased police presence on Elmwood Avenue). Regardless, given the logic of those neighbors who would hold a restaurant owner accountable for the conduct of his or her patrons once they are well outside the establishment, any undesirable conduct by any patron of any business on Elmwood Avenue should be traced back to the business which would then be penalized. I submit that such a view is neither fair nor in keeping with the laws of the State of New York. By such a view, the Wilson Farms convenience stores on Elmwood Avenue should be penalized since they sell 40 ounce bottles of beer to certain patrons who walk up and down Elmwood Avenue harassing pedestrians while panhandling for money. Finally, in closing, I am requesting that you grant the proposed music permit and expansion since I believe that a healthy family restaurant such as the Acropolis will benefit both residents and businesses in the neighborhood. Thank you for the opportunity to submit this view. REFERRED TO THE COMMITTTEE ON LEGISLATION. NO. 40 A. PICOGNA- SUPPORT MUSIC AT 708 ELMWOOD- ACROPOLIS As a frequent customer of the Acropolis Restaurant on Elmwood Avenue I am very upset over the current state of affairs regarding music in that establishment. Elmwood Avenue is one of the saving graces of this city and it seems as though every small business that tries to better themselves and grow (or stay competitive) has to jump through multiple hoops and climb over many hurdles in order to accomplish their goals. Also, Elmwood Avenue has a long- established reputation as a multi- faceted area of businesses and residences. Paul Tsouflidis has done a lot to help improve the strip and to bring his business up to current trends and standards. People who live nearby are well aware of the fact that restaurants and bars often incorporate music of one type or another into their establishments. I feel those individuals who reside near restaurants or bars are being very self- centered and cruel to fine individuals like Paul Tsouflidis who are spending large amounts of money and time to help keep Elmwood Avenue alive and also to help improve Buffalo's image. He is a fine gentlemen who will keep his music turned down to an acceptable level of loudness. Please give him a chance and vote in favor of letting him proceed with his plans to move ahead with his wonderful restaurant. Your favorable cooperation in this matter will be greatly appreciated. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 41 MEMORANDUM LP CIMINELLI -BOARD PACKET DOCUMENTS - JANUARY 2012 Deputy City Clerk Gerald Chwalinski Program Packaging and Development Services (PPDS) Provider January 10, 2012 Board Packet Documents Attached are the following documents from the Joint Schools Construction Board meeting scheduled on January 9, 2012: 1. Draft Agenda 2 .Meeting Minutes from JSCB Meeting dated December 5, 20i 1 3. Fully Executed Phase IV Application and Certificate for Payment No. 41 - November 201 1 4. Fully Executed Phase V Application and Certificate for Payment No. 24 - November 2011 5. Phase II Application and Certificate for Payment No. 45 - November 2011 6. Phase IV Application and Certificate for Payment No. 42 - December 2011 7. Phase V Application and Certificate for Payment No. 25 - December 2011 8. Program Packaging and Development Services (PPDS) Provider Update 9. Bevlar & Associates Inc. Construction Contract Monitoring and Compliance Services Monthly Report for Addendum 1 Phase IV Project - November 2011 10. Bevlar & Associates Inc. Construction Contract Monitoring and Compliance Services Monthly Report for Addendum 1 Phase V Project - November 2011 11. Inclusion Development Associates, Inc. Construction Contract Compliance Monitoring Monthly Report for Phase IV - November 2011 12.Compliance & Administrative Services of New York Compliance Monthly Report for Phase V - November 2011 Copy Available for review in The City Clerk's Office REFERRED TO THE SPECIAL COMMITTEE ON EDUCATION, NO. 42 L. CLOPPER- CONCERNS 708 ELMWOOD COMMON COUNCIL LEGISLATIVE COMMITTEE I am here today to speak about quality of life concerns. I have lived on Ashland Ave for 28 years. My family has loved living in the Elmwood Village and our residential neighborhood provides a strong tax base and has always supported the diverse businesses on Elmwood. We are each others' strength. Specifically, I have been an Acropolis patron for years. When Paul began the remodeling and restaurant updates he invited my opinion in casual conversation about the changes. It seemed great to see the next generation be excited about taking his turn with this popular restaurant. However, I was very upset and really saddened to find out that work has gone forward without proper permits, licenses, inspections and in spite of stop work orders. Does Paul want the Acropolis to become a nightclub as well as a restaurant? I am horrified to learn about advertised DJ music being planned to begin at 11 pm at night. I see no need for a second bar on the second floor and I am worried about big crowds, wide open doors, and potential expansion in the back of the property that would result in noise levels robbing my husband and me of quiet evenings and sleep at night. (We were extremely grateful when Merlin's and its middle of the night motorcycle traffic was gone.) The back of our house is kitty comer from the Acropolis directly in back of the building just two doors south of Paul's establishment on Elmwood. Our bedroom is on the second floor across the back of our home and the bed is in the comer closest to the back of the Acropolis. We are not air conditioned, and like to have the windows open often during three seasons of the year. I speak for many of my neighbors who could not be here today when I say: I am opposed to: any new permits, licenses or permissions to expand the Acropolis (no full bar on the second floor; no extension of the liquor license to the second floor; and no permit for amplified music on either floor). I am opposed to: any expansion in the back of the building (no balcony, patio or smoking area; only an emergency fire escape that meets code). " Please refer to the aerial street map, attached, that pictures the proximity of the Acropolis to my home. REFERRED TO THE COMMITTEE ON LEGISLATION. NO. 43 H. CONNOR- CONCERNS 708 ELMWOOD Regarding: Acropolis Restaurant request for 2nd Floor expansion. I've lived at 706 Elmwood for the past 11 years. I'm writing to briefly relate some of my experience living next to the Acropolis this past year. I first noticed DJ parties beginning at 708 Elmwood Jan 1, 2011. 1 tried to speak with the owner about the loud music, ie drum and bass, disturbing me from10pm -4am but was greeted with hostility. After a month or so I started calling the police to complain about the no se. There was minimal compliance. By the spring and summer, I developed a routine of calling the police and going to a neighbors 1- 3x's /week so that I could sleep. In addition to loud music I've experienced other excessive noise from the bar; loud talk and yelling from patrons in front of Acropolis and spilling over to the front and back of my building. I've had to break up fights, ask people to not smoke on my stoop and leave my parking lot The Acropolis owner has been essentially running a night club illegally by having advertised DJ parties without a music permit for the past year. He has not been a good neighbor. Because he has demonstrated that he can not manage his existing first floor bar responsibly and legally, he should not be given any additional use of the second floor. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 44 R. STANTON- CONCERNS 708 ELMWOOD Item available for review in The City Clerk's Office REFERRED TO THE COMMITTEE ON LEGISLATION. NO. 46 R. FONTANA- OPENING RIGHT VERTICAL GREENHOUSE The Opening Right gives the Holding City an exclusive right to initiate a developing process of a Plantagon Vertical Greenhouse or PiantaSymbfoSystem® within twelve months from the date of signing of this Opening Right. The Opening Right gives the Holding City a right to enter into a Letter of Intent with Plantagon International regarding development of a Plantagon Vertical Greenhouse or PlantaSymbioSystem® according to which both parties shall have a period of notice of one (1) month. Even if a Vertical Greenhouse Is not built in the Holding City the Holding City will continue to participate in the 100 cities initiative. 100 cities initiative By participating in the 100 cites initiative your city is demonstrating its commitment to environmental Stewardship and social responsibility Together we strive to develop sustainable farming together with loc£ farmers as well as creating business opportunities for local companies. Your participation will enable you to benefit from me sustainable social development objectives and give you the advantage of being part of a global learning forum together with 99 other selected cities within the field of vertical farming. Being part of the initiative will position your city as a forerunner within sustainability Economy. Environment. Society We all know that population growth leads to increased emissions and increased waste. Growing populations and growing cites also increases transportation problems within me city. Meanwhile, the shortage of arable land and water will create problems for future food security while more and more people riving in cities demand organic /ecological] and locally cultivated food in a clean environment. The Plantagon Vertical Greenhouse presents a solution to these problems. Compared to the best greenhouses on the marker today, the objective is to produce up to ten times more crops per square meter, use water resources in a more efficient and economic way and consume up to ten times more carbon dioxide. It gives a year -round crop production protected from weather - related crop failures due to droughts, floods or pests and cuts transportation and wholesale costs in the value chain. No herbicides, pesticides or fertilizers are used as al! crops are organically grown. Vertical farming inside cities also dramatically reduces fossil fuel use in production and transportation as well as carbon dioxide emissions during transport. The greenhouse itself will create jobs as well as a "city lung" offering a great opportunity for developing the area into a tourist attraction REFERRED TO THE COMMITTEE ON LEGISLATION NO. 46 R. FONTANA -B. MCCAFFREY- CONCERNS STAIRS BEHIND ALBRIGHT KNOX MUSEUM Mr. Chwalinski: Please file the following item for the upcoming meeting of the Common Council. Thank you for your time and consideration. Richard A. Fontana Council President Hi Rich, About 20 years ago the stone steps in front of my house in New Jersey started falling apart. They were suffering from frost heaving. Water would enter the steps from mortar joints that no longer were waterproof. The water would freeze and expand. Subsequently the steps were becoming out of plumb, askew and unfit for human use. I then repaired the mortar joints and sealed them with silicone putty. The steps then remained in good shape. When I moved to Buffalo I saw the granite steps and balusters at the rear of the Albright -Knox museum. They were falling apart, and I knew that frost heaving was the cause. Last year I saw them renovate the steps and balusters, obviously at an enormous cost. If a little inexpensive maintenance was performed on the stairs every spring, a lot of money would be saved. What a waste of resources! Across the road at the rear of the Albright -Knox museum, in Delaware Park, there is a stone stairway and balusters that go from the street level down to Delaware Lake. They look like they are at the verge of being so damaged from frost heaving that they must be renovated. They are almost at the point where inexpensive repairs are no longer sufficient. I see that about 15 years ago the mortar joints were puttied and made waterproof. Maybe about 5 years ago the putty began to deteriorate. Now the mortar joints are full of holes due to the rotting away of the putty. The stairs are currently suffering from bad frost heaving. Right now it might require about 80 man hours to renovate the mortar joints and make them waterproof. If no attention is given to the stairs, it will soon be necessary to renovate them at enormous cost. A difference between $1,000 and $500,000 is at stake. Sincerely, Brian McCaffrey REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT. NO. 47 R. FONTANA -B. MCCARFEY- MANUFACTURING JOBS IN THE US Gerald Chwalinski City Clerk 1308 City Hall Buffalo, NY 14202 Mr. Chwalinski: Please file the following item for the upcoming meeting of the Common Council. Thank you for your time and consideration. Sincerely, Hi Rich, I have some ideas as to how improve Buffalo. The other day I read a story in the NY Times about the General Electric manufacturing center in Louisville, KY. This factory has relocated the manufacturing of a hybrid water heater from China to Louisville. The reason for this is that manufacturing costs in tile US have started to be competitive m those in China and that Americans know how to design exceedingly efficient manufacturing facilities. However. new hires in the Louisville GE plant are paid $11 -$12 /hour, way below the $27 -3S /hour wage of the older workers. The article infers that perhaps America, even though manufacturing will revive here and create many new jobs, will become a much poorer country. I think that if the cost of living in the US is lowered, a $11 -$12 /hour rate of pay can become a middle class wage. During my life 1 was interested in finding a life that is not excessively economically burdensome. Subsequently I moved to Buffalo. I had saved and I was able to buy a house outright. Thus I avoided the cost of a mortgage and the cost of an expensive home. Many of the costs of living in Buffalo are very low. So, for me $11 /hour is a fairly good rate of pay. I think that industry could be coaxed to locate to Buffalo and to manufacture products at a cost that is competitive to those in foreign nations. This could be the beginning of an American economic renaissance. Sincerely, Brian McCaffrey RECEIVED AND FILED NO 48 R. FONTANA- DISBANDMENT OF COMMON COUNCIL SPECIAL COMMITTEE ON PARKS OVERSIGHT The Common Council President forms many Sub and Special- Committees to deal with certain topics of interest to either the Council as a whole or to certain Council Members. Items before the Council sent to these committees pertain to categories /subjects of the permanent Standing Committees and can be sent directly to the standing committee for action by its members. This Special Committee on Parks Oversight has had its items sent to the Common Council for action and there are no longer any items in this committee. As President of the Common Council, I am hereby officially dissolving the Common Council Special Committee on Parks Oversight. Any future items that pertain to the Common Council Committee on Parks Oversight will be sent to one of the existing standing Common Council Committees. Richard A. Fontana Council President RECEIVED AND FILED NO. 49 M. KEARNS- BRINGING FIOS TO BUFFALO Ms. Rasp - Glose: I am writing to you today regarding on -going efforts by the City of Buffalo and Common Council to bring Verizon's "ROS" fiber -optic network to Buffalo. Based upon public statements, it appears that Verizon has no immediate plans to extend this network into the City of Buffalo, although such service has been made available in many surrounding towns and suburban communities. At various times, different explanations have been provided for this, including references to certain laws, regulations and /or policies which would supposedly require Verizon to ensure that the entire City of Buffalo is equipped for ROS service within five (5) years, if this network were to be provided in any portion of the City. Would it be possible for you, or someone else from your organization, to clarify this issue by providing a citation or legal reference for this supposed requirement, if it is in fact a requirement imposed by law? The City of Buffalo has enjoyed a productive partnership with Verizon for many years, and the Common Council is committed to continuing to work with Verizon to ensure that City of Buffalo residents, businesses and visitors have access to the same high - quality of service being provided to Verizon customers in other communities. If you have any questions regarding this request, please feel free to contact me at (716) 851 -5169 or .MKearns @cit, /- buffalo.com. Sincerely, MICHAEL p. KEARNS REFERRED TO THE COMMITTEE ON LEGISLATION NO. 50 M KEARNS- ARTICLE CITY HALL FELLOWS MEMORANDUM I would like to file the attached information for the next Common Council meeting to be held on January 24, 2012. Thank you Item available for review in The City Clerk's Office REFERRED TO THE OOMMITEE ON LEGISLATION NO. 51 S. NORRIS -DON T RENEW OCCUPY BFLO S AGMT DUE TO VARIOUS VIOLATIONS NO. 52 S. WOGEN -DON'T RENEW OCCUPY BFLO'S AGMT DUE TO VARIOUS VIOLATIONS Please put this item on the agenda, that due to repeated violations of health code, fire code and violence, Occupy Buffalo do not deserve to renew their agreement with the city RECEIVED AND FILED NO. 53 NYSDEC- CLEANUP ACHIEVED BROWNFIELD SITE BFLO COLOR 85 LEE STREET The New York State Department of Environmental Conservation (NYSDEC) has determined that the cleanup requirements to address contamination related to Buffalo Color Corporation Area E Site ( "site ") located at 85 Lee Street in Buffalo in Erie County under New York State's Brownfield Cleanup Program have been met. See map for site location. NYSDEC has issued a Certificate of Completion regarding the site. A copy of the Notice of the Certificate of Completion is available at the location(s) identified below under "Where to Find Information ". The applicant is now eligible to redevelop the site. Completion of Project The site remediation was accomplished by completing the following Remedial Measures, which included: Demolishing existing structures. Building foundations were saved for post - remediation reuse and redevelopment; Excavating impacted soil containing site specific contaminants affecting groundwater quality to a depth of approximately 12 feet; Properly disposing the impacted soil; Backfilling the excavation with crushed concrete demolition material, clean fill, and adding an oxygen releasing bio- stimulant to the backfill to treat residual volatile organic compounds (VOCs) and semi - volatile organic compounds (SVOCs) consisting of dye manufacturing intermediate chemicals and other dye production chemicals in adjoining soil and groundwater; Rehabilitating existing storm sewers and manholes with a liner system to prevent infiltration of impacted groundwater into storm sewers that discharge to the Buffalo River; and Placing an integrated cover system over the site to isolate contact with residuals. The remedial measures successfully addressed contamination and will serve as the final remedy for the site. Institutional Controls /Engineering Controls Institutional controls and engineering controls generally are designed to reduce or eliminate exposure to contaminants of concern. An institutional control is a non - physical restriction on use of the site, such as a deed restriction, when contamination left over after the cleanup action makes the site suitable for some, but not all uses. An engineering control is a physical barrier or method to manage contamination such as a cap or vapor barrier. The following institutional and /or engineering controls have been put in place on the site: Covering the site with an integrated cover system consisting of one foot of vegetated soil or gravel, and utilizing existing buildings and pavement for the balance of cover over the site; and Developing a site management plan with institutional and engineering controls that will be implemented during redevelopment and reuse of the site. An institutional control is a legal or administrative restriction placed on the use of the site when residual contamination left after the cleanup action makes the site suitable for some but not al! uses. An engineering control is a physical barrier or method to manage contamination, such as the integrated cover system. Next Steps NYSDEC issued the Certificate of Completion based on review and approval of a Final Engineering Report submitted by the applicant. The Final Engineering Report includes: 1) a description of the cleanup activities completed; 2) certification that cleanup requirements will be achieved for the site; 3) a description of any institutional /engineering controls to be used; and 4) a certification that a site management plan for any engineering controls used at the site has been approved by NYSDEC. With its receipt of a Certificate of Completion, the applicant is eligible to redevelop the site. In addition, the applicant: • has no liability to the State for contamination at or coming from the site, subject to certain conditions; and • is eligible for tax credits to offset the costs of performing cleanup activities and for redevelopment of the site. A Certificate of Completion may be modified or revoked if, for example, the applicant does not comply with the terms of its Brownfield Cleanup Agreement with NYSDEC, or if the applicant commits fraud regarding its application or its certification that it has met cleanup levels. Background NYSDEC previously accepted an application from the applicant to participate in the Brownfield Cleanup Program. The application proposes that the site will be used for commercial /industrial, purposes. The BCP site is situated in the South Buffalo section of the City of Buffalo. It is located on the east side of Lee Street, south of Elk Street and north of South Park Avenue. This site is approximately 15.8 acres in size and was subdivided from the former 54 acre Buffalo Color Corporation (BCC) chemical and dye plant. The site has been used for the production of dyestuff, organic chemicals and intermediate chemicals since the 1940's and continued until 2003, when BCC operations ceased. The site is currently inactive and is zoned for industrial use. Neighboring areas include residential and some commercial, and vacant industrial lands. The nearest residential areas are located approximately 200 feet north of the Site. A Remedial Work Plan proposing a Track 4 commercial cleanup standard was approved in 2009. Design investigation activities and development of a detailed remediation plan continued into 2010. Site preparation and demolition /removal of decommissioned plant facilities and process equipment was completed in 2010. The final remedial plan for soil and groundwater in Area E involved removal of source material impacting groundwater quality and placement of oxidizing materials to treat residual VOC groundwater contamination. Approximately 13,600 cubic yards of VOC contaminated soil were excavated from three areas that were impacting groundwater quality. The fill horizon below the groundwater level was seeded with an oxygen releasing biostimulant in the excavation backfill materials at one foot fill intervals to treat residual VOCs in groundwater. Site remediation also included abandonment /plugging of unused process and Storm sewers and rehabilitation of the existing storm sewer system that discharges directly to the Buffalo River. Placement of a site -wide integrated cover system and additional remediation construction activities were completed in 2011. The planned future reuse for this site is commercial and light industrial. FOR MORE INFORMATION Where to Find Information Project documents are available at the following location(s) to help the public stay informed. These documents include the Notice of the Certificate of Completion. RECEIVED AND FILED NO. 64 NYSDEC - BROWNFIELD SITE - CERTIFICATE OF COMPLETION BUFFALO COLOR Tax Map Identification Number(s): 122.12 -1 -12.1. 122.12 -1 -30, 122.12 -1 -31. 122.12 -1- 9.11,122.12 -1 -9.13 Percentage of site located in an EnZone: 100 % A description of the property subject to this Certificate is attached as Exhibit A and a site survey is attached as Exhibit B. CERTIFICATE ISSUANCE This Certificate of Completion, hereinafter referred to as the "Certificate," is issued pursuant to Article 27, Title 14 of the New York State Environmental Conservation Law ( "ECL'). This Certificate has been issued upon satisfaction of the Commissioner, following review by the Department of the final engineering report and data submitted pursuant to the Brownfield Site Cleanup Agreement, as well as any other relevant information regarding the Site, that rite applicable remediation requirements set forth in the ECL have been or will be achieved in accordance with the time frames, if any, established in the remedial work plan. The remedial program for the Site has achieved a cleanup level that would be consistent with the following categories of uses (actual sit— use is subject to local zoning requirements): Allowable Uses under the BCP: Commercial and Industrial Cleanup Track: Track 4: Restricted use with site - specific soft cleanup objectives Tax Credit Provisions for Entities Taxable Under Article 9, 9 -A, 32, and 33: Site Preparation and On -Site Groundwater Remediation Credit Component Rate is 25 %. Tangible Property Credit Component Rate is 20 %. Tax Credit Provisions for Entities Taxable Under Article 22 & S Corporations: Site Preparation and On -Site Groundwater Remediation Credit Component Rate is 25 %. Tangible Property Credit Component Rate is 18 %. The Remedial Program includes use restrictions or reliance on the long term employment of institutional or engineering controls which are contained in the approved Site Management Plan and an Environmental Easement granted pursuant to ECL Article 7 1, Title 36 which has been duly recorded in the Recording Office for Erie County as 2011251418, Liber 11213, pg 7172. LIABILITY LIMITATION Upon issuance of this Certificate of Completion, and subject to the terms and conditions set forth herein, the Certificate holder(s) shall be entitled to the liability limitation provided in ECL Section 27 -142 1. The liability limitation shall run with the land, extending to the Certificate holder's successors or assigns through acquisition of title to the Site and to a person who develops or otherwise occupies the Site, subject to certain limitations as set forth in ECL Section 27 -1421. The liability limitation shall be subject to all rights reserved to the State by ECL Section 27- 1421.2 and any other applicable provision of law. CERTIFICATE TRANSFERABILITY This Certificate may be transferred to the Certificate holder's successors or assigns upon transfer or sale of the Site as provided by ECL Section 27- 1419.5 and 6NYCRR Part 375 -1.9." CERTIFICATE MODIFICATION /REVOCATION This Certificate of Completion may be modified or revoked by the Commissioner following notice and an opportunity for a hearing in accordance with ECL Section 27 -1419 and 6NYCRR Part 375- 1.9(e) upon a finding that: (1) either the Applicant or the Applicant's successors or assigns have galled to comply with the terms and conditions of the Brownfield Site Cleanup Agreement; (2) the Applicant made a misrepresentation of a material fact tending to demonstrate that it was qualified as a Volunteer; (3) either the Applicant or the Applicant's successors or assigns made a misrepresentation of a material fact tending to demonstrate that the cleanup levels identified in the Brownfield Site Cleanup Agreement were reached; (4) there is good cause for such modification or revocation; (5) either the Applicant or the Applicant's successors or assigns failed to manage the controls or monitoring in full compliance with the terms of the remedial program; (6) the terms and conditions of the environmental easement have been intentionally violated or found to be not protective or enforceable. The Certificate holder(s) (including its successors or assigns) shall have thirty (30) days within which to cure any deficiency or to seek a hearing. If the deficiency is not cured or a request for a hearing received within such 30 -day period, the Certificate shall be deemed modified or vacated on the 31 st day alter the Department's notice. RECEIVED AND FILED NO. 66 D. PRIDGEN- INQUIRY 413 SHERMAN ST 413 Sherman Street is a large abandoned church which is currently a danger to the community in that the bricks are falling from the building and there are unsecured openings into the building. The building was once tax - exempt and for the past several years has not been used for religious purposes. The City of Buffalo was recently requested to board up a dangerous opening where neighborhood children and drug users were entering the facility. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT. NO. 66 B. RUSSELL - PROPOSED NFTA CUTBACKS IN SERVICE NEWS ARTICLE 24 January 2012 Buffalo City Clerk Gerald Chwalinski 1308 City Hall Buffalo NY 14202 Proposed NFTA Cutbacks in Service - News Article Dear Mr. Chwalinski: Please file the attached article that discusses a fare increase for riders as an alternative to drastic cutbacks in service for NFTA riders as published in the Buffalo News on Tuesday, January 24, 2012. Your assistance is greatly appreciated. Sincerely, REFERRED TO THE COMMITTEE ON LEGISLATION. NO. 67 D. SMITH - CONCERNS HUMBOLDT PARKWAY Dear Mr. Kaminski: The Masten District Council Office has been contacted by the Reclaiming Our Community Coalition for an update on funding usage for reconnecting Humboldt Parkway. Please provide this office with said information, as well as the cost and time frame to complete the Preliminary Design and Environmental Assessment, and the amount and sources for additional funding, If you have any questions, feel free to contact myself or my staff at 716- 851 -5145. Thank You for your attention to this matter. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 58 M. TABER- REQUEST STREET RESURFACING CLINTON /BAILEY AREA Dear Mr. Stepniak: I am AGAIN submitting a request to have some of our streets in the Clinton Bailey area resurfaced. The streets have been ignored for such a long time that they are in deplorable conditions. 'These streets, in order of need: Baitz Ave - all of it Kirkover - From Clinton to Dorothy Gilbert St. - From Clinton to Manitoba Babcock - From Clinton to tracks north Scoville Ave. From Clinton to Manitoba I think that you are in the planning stages for streets repair and would like to be on the list. We have been tolerant but something needs to be done. • ' Sincerely, President R. Fontana Councilman David Franczak Mary L. Taber President, Clinton - Bailey Comm. REFERRED TO THE COMMITTE ON COMMUNITY DEVELOPMENT AND THE DEPARTMENT OF PUBLIC WORKS,PARKS & STREETS PETITIONS NO. 59 W. XUZ, OWNER, USE 1563 HERTEL (AKA 624 PARKSIDE) CONVERT PORTION OF 2 STORY MASONRY FOR RESTAURANT(PUB HRG 1 /31)(DEL) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 60 S. HERTEL, OWNER, USE 543 FRANKLIN FOR A FREE STANDING SIGN (HRG, 1 /31)(ELL) REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE ZONING BOARD OF APPEALS NO. 61 R. JOHNSON, AGENT, USE 68 BARKER -PLACE A GROUND SIGN (NO HRG)(NIA) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 62 R. JOHNSON, AGENT, USE 1240 DELAWARE -PLACE A GROUND SIGN (NO HRG)(DEL) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 63 G. KALLAS, OWNER, USE 212 PEARL ST -PLACE OUTDOOR CAFE AT CITY OWNED PROPERTY (NO HRG)(ELL) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 64 D. WILCOX, AGENT, USE 2137 SENECA ST -ERECT A POLE SIGN AND PLACE A WALL SIGN ON FACADE OF BLDG (NO HRG)(SOUTH) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD REGULAR COMMITTEES CIVIL SERVICE (BONNIE E. RUSSELL, CHAIRPERSON) NO. 65 APPOINT ASSISTANT AUDITOR(TEMP)(5` STEP)(WACHOWSKI)(COMPT) CCP# 11,1/10 Mrs. Russell moved That Communication 11 of January 10, 2012, be received and Filed and that the Temporary Appointment of Ronald L. Wachowski, 134 Weimer street, Buffalo, NY 14206 at the Fifth Step of $44,375.00 is hereby approved. PASSED AYES -8 NOES -0 NO. 66 APPOINT YOUTH COUNSELOR (PERM)(STEP 2)(DAVIS)(COM SVS) CCP# 26,1/10 Mrs. Russell moved That Communication 26 of January 10, 2012, be received and Filed and that the Permanent Appointment of Lashawn Davis, 279 Minnesota Ave, Buffalo, NY 14215 at the Second Step of $43,282.00 is hereby approved. PASSED AYES -8 NOES -0 NO. 67 NOTICES OF APPOINTMENTS - TEMP /PROV /PERM(CTYCLK) CCP #38, 1/10 Mrs. Russell moved That the above item be the same and hereby is Received and Filed ADOPTED FINANCE (MICHAEL J. LOCURTO, CHAIRPERSON) NO. 68 BFLO MUN WATER AUTHORITY FINANCIAL STATEMENTS Y/E 6/30/2011(COMPT) CCP#4, 1/10 Mr. LoCurto moved That the above item be the same and hereby is Received and Filed ADOPTED NO. 69 BFLO WATER BD FINANCIAL STATEMENTS Y/E 6/30/2011(COMPT) CCP #5, 1/10 Mr. LoCurto moved That the above item be the same and hereby is Received and Filed ADOPTED NO. 70 COMPREHENSIVE ANNUAL FINANCIAL REPORT Y/E 6/30/2011 (COMPT) CCP #6, 1/10 Mr. LoCurto moved That the above item be the same and hereby is Received and Filed ADOPTED NO. 71 ANNUAL COMPREHENSIVE ANNUAL FINANCIAL REPORT 2010 -11 (BSA) CCP #27, 1/10 Mr. LoCurto moved That the above item be the same and hereby is Received and Filed ADOPTED NO. 72 ITEMS RETURNED BY MAYOR WITHOUT APPROVAL /DISAPPROVAL (CCP# 59, 12/13)(CTY CLK) CCP #28, 1/10 Mr. LoCurto moved That the above item be the same and hereby is Received and Filed ADOPTED NO. 73 R, FONTANA -R. STROH- ISSUES WITH NEW WATER BILL FORMAT CCP #39, 1/10 Mr., LoCurto moved That the above item be the same and hereby is Received and Filed ADOPTED COMMUNITY DEVELOPMENT (JOSEPH GOLOMBEK JR., CHAIRPERSON) NO. 74 J. DUDZIAK & OTHERS, CONCERNS CONDITION OF JAMES ST(FILL) ( #39, 11/15) Mr. Golombek moved: That the above item be the same and hereby is Received and Filed ADOPTED NO. 75 STIMULUS FUND CDBG(EXC RES) ( #102, 3/22) Mr. Golombek moved: That the above item be the same and hereby is Received and Filed ADOPTED LEGISLATION (DARIUS G. PRIDGEN, CHAIRPERSON) NO. 76 G. PONMAPALAM, AGENT, USE 427 ELMWOOD TO CONVERT A SALON INTO A SIT -IN RESTAURANT AND OUTDOOR CAFE (ITEM NO. 46, C.C.P., JAN. 10, 2012) That the above item be, and the same hereby is returned to the Common Council with a recommendation for approval; Rev. Pridgen moved: That after a public hearing that was held before the Committee on Legislation on January 17, 2012, the application of G. Ponmapalam, as agent, to convert 427 Elmwood Avenue from a salon into a sit -in restaurant and outdoor caf6 for under 50 people within the Elmwood Avenue Business District is hereby approved. PASSED AYES -8 NOES -0 NO. 77 P. STRADA, AGENT, USE 761 HERTEL AVENUE TO PLACE A POLE SIGN AT SCRAP YARD (ITEM NO. 47, C.C.P., JAN. 10, 2012) That the above item be, and the same hereby is returned to the Common Council with a recommendation for approval with conditions; Rev. Pridgen moved: That the application of P. Strada, as agent, to place a pole sign at a scrap yard at 761 Hertel Avenue is hereby approved subject to the conditions recommended by the City's Planning Board. - -Sign can only advertise accessory use for 10 minutes per hour. -- Message on LED must be a steady message -no flashing on scrolling messages. -- Landscaping must be placed at the base of sign. - -All conditions placed by the City Planning Board must be followed. PASSED AYES -8 NOES -0 NO. 78 RESPONSE PUBLIC SKATING AT CITY ICE RINKS (PW) (ITEM NO. 21, C.C.P., JAN. 10, 2012) That the above item be, and the same hereby is returned to the Common Council without a recommendation; Rev. Pridgen moved: That the above correspondence from the Deputy Commissioner of Parks dated January 5, 2012 be received and filed. RECEIVED AND FILED NO. 79 FOOD STORE (NEW) - 279 VIRGINIA (FILL)(EDPI) (ITEM NO. 24, C.C.P., JAN. 10, 2012) That the above item be, and the same hereby is returned to the Common Council without a recommendation; Rev. Pridgen moved: That the above item be recommitted to the Committee on Legislation ADOPTED NO. 80 M. KOOSHOIAN -INFO ORD AMEND CH 316- PEDDLING &SOLICITING - MOBILE FOOD VENDORS (#41, 1/10) Mr. Pridgen moved: That the above item be the same and hereby is Received and Filed ADOPTED NO. 81 ORDINANCE AMENDMENT- CHAPTER 316 PEDDLING AND SOLICITING MOBILE FOOD TRUCK VENDORS (ITEM NO. 67, C.C.P., JAN. 10, 2012) That the above item be, and the same hereby is returned to the Common Council with a recommendation for approval; Rev. Pridgen moved: That Chapter 316 of the Ordinances of the City of Buffalo be amended to include Sections 316 -50 through 316 -57 as specified in the attached Ordinance Amendment. PASSED AYES -8 NOES -0 NO. 82 S. GREEN - ICE RENTAL RATES AT CITY OF BUFFALO RINKS (ITEM NO. 25, C.C.P., DEC. 27, 2012) That the above item be, and the same hereby is returned to the Common Council without a recommendation; Rev. Pridgen moved: That the above item be recommitted to the Committee on Legislation ADOPTED NO. 83 B. BAUMKER, AGENT, USE 333 AMHERST STREET FOR A POLE SIGN (NORTH) (ITEM NO. 37, C.C.P., NOV. 29, 2012) That the above item be, and the same hereby is returned to the Common Council with a recommendation for approval with conditions; Rev. Pridgen moved: That the application of B. Baumker, as agent, to use 333 Amherst Street for the erection a pole sign is hereby approved upon the Following conditions: - -The Maximum height of the sign shall not exceed 16 feet. PASSED AYES -8 NOES -0 NO. 84 ORDINANCE AMENDMENT -CH 316 PEDDLING & SOLICITING (#46, 12/27) Mr. Pridgen moved: That the above item be the same and hereby is Received and Filed ADOPTED NO. 85 M. STENGER- ARTICLE IX MOBILE FOOD VENDOR ( #58, 11/1) Mr. Pridgen moved: That the above item be the same and hereby is Received and Filed ADOPTED NO. 86 M. KOSHOIAN -INFO AND PROPOSAL - MOBILE FOOD VENDORS ( #59, 11/1) Mr. Pridgen moved: That the above item be the same and hereby is Received and Filed ADOPTED NO. 87 M. STENGER- FURTHER INFO ARTICLE IX- MOBILE FOOD VENDORS ( #36, 11/15) Mr. Pridgen moved: That the above item be the same and hereby is Received and Filed ADOPTED NO. 88 C. WALSH - INFOMOBILE FOOD AND STREETVENDING ( #37, 11/15) Mr. Pridgen moved: That the above item be the same and hereby is Received and Filed ADOPTED NO. 89 LODGING HOUSE LICENSE -541 WALDEN (FILL) (#41,5/11)( #74,9/21)( #63,10/5)( #68, 3/8) Mr. Pridgen moved: That the above item be the same and hereby is Received and Filed ADOPTED NO. 90 D. SMITH - WNYYFL RULE BOOK -2011 ( #61, 5/3) Mr. Pridgen moved: That the above item be the same and hereby is Received and Filed ADOPTED NO. 91 CALLING FOR THE CREATION OF A STREETS COORDINATOR(EXCEPTRES) ( #116, 5/11) Mr. Pridgen moved: That the above item be the same and hereby is Received and Filed ADOPTED -y ALriI:a 7*] 0 1 110 0 1e1 RESOLUTIONS NO. 92 COUNCIL MEMBER LOCURTO EXCUSED FROM MEETING RESOLVED: That Council Member Michael LoCurto be and hereby is excused from attendance at the Common Council Meeting of Tuesday, January 24, 2012. ADOPTED NO. 93 BY: MR. FONTANA WAIVER OF FEES FOR THE KAISERTOWN COALITION BLOCK CLUB Whereas: Block clubs are immeasurably beneficial to the various communities throughout the City of Buffalo; and Whereas: Block clubs serve as a way for neighbors to communicate with both one another and their elected representatives in order to address problems and formulate plans for maintenance and improvement of the community; and Whereas: The Kaisertown Coalition Block Club serves the residents of the Kaisertown community in the Lovejoy District; and Whereas: Block clubs are comprised of all volunteer mere hers and are self - reliant for means of fundraising. Now, Therefore, Be It Resolved: That the Common Council hereby requests the Department of Public Works waive any and all fees associated with the usage of the Machnica Center community meeting room for the Kaisertown Coalition Block Club. PASSED AYES -8 NOES -0 BY: MR. GOLOMBEK NO. 94 ORDINANCE AMENDMENT CHAPTER 175, FEES The Common Council of the City of Buffalo does hereby ordain as follows: That Chapter 175 of the Code of the City of Buffalo be amended to read as follows: § 175 -1. Enumeration of Fees The following schedule of fees is hereby established with respect to licenses, permits and activities required or regulated under the provisions of various chapters of the Code of the City of Buffalo. Applications for and the issuance of such licenses and permits shall be subject to the provisions of the specific chapter of the Code which is indicated for each type of license or permit. The business, activity or operation for which the license or permit is required shall be subject to all regulations set forth in the chapter to which reference is made. These fees may be adopted or revised by the Common Council from time to time. Code Chapter Section, Type of Application, Permit or License_ Fee Chapter 309 Parks and Other Open Spaces(Last Amended 4 -1 -2003, effective 4 -9 -2003) §309 -28, Use of Facilities With the exception of designated private ice time at skating rinks, City of Buffalo handicapped persons (classified as such by the United States Department of Health, Education and Welfare) may use any of the hereinafter mentioned recreational facilities free of all charges and fees. [Nonresident participating [$60.00] With resident or Developmental league or High school, per Individual /per season] Skating lessons, per session $12.00 $20.00 APPROVED AS TO FORM NOTE: Matter underlined is new, matter in brackets is to be deleted REFERRED TO THE COMMITTEE ON LEGISLATION BY: MR. GOLOMBEK, ALL MEMBERS 0 [61M1 -� ECC HEALTH SCIENCE CENTER Whereas: The State University of New York has forwarded a proposed $15 million budget earmark for a Health Sciences Center for Excellence at ECC's North Campus to Governor Andrew M. Cuomo; and Whereas: A North Campus location for ECC's proposed Health Sciences Center for Excellence is inconsistent with the smart growth and workforce development objectives of Governor Cuomo's WNY Regional Economic Development Strategy Plan; and Whereas: An Amherst location for ECC's Health Sciences Center for Excellence would work at cross - purposes with substantial investments the State University of New York is making at the Buffalo Niagara Medical Campus; and Whereas: The Buffalo Niagara Medical Campus is now the largest job creator in the region, which the Brookings Institute recently revealed had the nation's 4th highest income growth over the past two years; and Whereas: The American Association of Community Colleges reports more than 50% of health sciences workers in the United States are trained at community colleges, yet Erie Community College is not yet playing any direct role in the development of the Buffalo Niagara Medical Campus; and Whereas: The UB Medical School and the Health Sciences Charter School have either moved or committed to move to the Buffalo Niagara Medical Campus, an example of strategic planning and regional collaboration toward common objectives; and Whereas: There are dozens of sites in downtown Buffalo and at the Buffalo Niagara Medical Campus, including several sites already owned by the County or the City, where such a health sciences facility will be a better fit than at the college's isolated North Campus in Amherst; and Whereas: Shifting ECC's proposed Health Sciences Center for Excellence to the City Campus, steps away from the Buffalo Niagara Medical Campus, would allow such a facility to leverage existing investments, better advance the college's mission, and boost the Region's health sciences industry; Now, Therefore be it Resolved: That the Common Council seeks support from Governor Andrew M. Cuomo and the Western New York state delegation to amend the State University of New York's proposed $15 million budget earmark to shift ECC's proposal for a Health Sciences Center for Excellence to its City Campus, where it can tap into emerging opportunities of the Buffalo Niagara Medical Campus; and Be it Further Resolved: That the Common Council requests this resolution be forwarded to Governor Andrew M. Cuomo, New York State Senate Majority Leader Dean Skelos, Assembly Speaker Sheldon Silver, all members of the NY State Legislature delegation Erie County Executive Mark Poloncarz, every member of the Erie County Legislature, the Western New York Economic Development Council, the Empire State Development Corporation, the Buffalo Niagara Partnership, ECC President Jack Quinn, and the members of the ECC Board of Trustees. ADOPTED NO. 96 BY: MR. KEARNS DEFIBRILLATORS IN ALL PUBLIC BUILDINGS Whereas: Coronary heart disease is one of the leading causes of death in the United States; and Whereas: Every two minutes, an individual suffers from cardiac arrest in the United States, and 250,000 Americans die each year from cardiac arrest out of hospital; and Whereas: The chance of survival for a victim of cardiac arrest diminishes by ten percent each minute following sudden cardiac arrest; and Whereas: Sixty percent of all cardiac arrests occur outside the hospital, and the average national survivor rate for an out -of- hospital victim of cardiac arrest is only five percent; and Whereas: Eighty percent of cardiac arrests are caused by ventricular fibrillation, for which defibrillation is the only effective treatment; and Whereas: Automated external defibrillators (AEDs) make it possible for non - medical rescuers to deliver potentially life- saving defibrillation to victims of cardiac arrest; and City Resident Non -City Resident ICE SKATING Youths under 18 and seniors $1.00 $3.00 18 years and over $2.00 $3.00 Designated private ice time: Indoor rink: [$110.00] [$180.00] All groups other than Calendar Year 2012: $150.00 $150.00 Developmental league, per Calendar Year 2013: $150.00 $150.00 hour Calendar Year 2014: $175.00 $175.00 [$80.00] [$200.00] Developmental league, Calendar Year 2012: $120.00 $120.00 (including Explorer League, Calendar Year 2013: $120.00 $120.00 Timon and Canisus High Calendar Year 2014: $140.00 $140.00 School), per hour [Nonresident participating [$60.00] With resident or Developmental league or High school, per Individual /per season] Skating lessons, per session $12.00 $20.00 APPROVED AS TO FORM NOTE: Matter underlined is new, matter in brackets is to be deleted REFERRED TO THE COMMITTEE ON LEGISLATION BY: MR. GOLOMBEK, ALL MEMBERS 0 [61M1 -� ECC HEALTH SCIENCE CENTER Whereas: The State University of New York has forwarded a proposed $15 million budget earmark for a Health Sciences Center for Excellence at ECC's North Campus to Governor Andrew M. Cuomo; and Whereas: A North Campus location for ECC's proposed Health Sciences Center for Excellence is inconsistent with the smart growth and workforce development objectives of Governor Cuomo's WNY Regional Economic Development Strategy Plan; and Whereas: An Amherst location for ECC's Health Sciences Center for Excellence would work at cross - purposes with substantial investments the State University of New York is making at the Buffalo Niagara Medical Campus; and Whereas: The Buffalo Niagara Medical Campus is now the largest job creator in the region, which the Brookings Institute recently revealed had the nation's 4th highest income growth over the past two years; and Whereas: The American Association of Community Colleges reports more than 50% of health sciences workers in the United States are trained at community colleges, yet Erie Community College is not yet playing any direct role in the development of the Buffalo Niagara Medical Campus; and Whereas: The UB Medical School and the Health Sciences Charter School have either moved or committed to move to the Buffalo Niagara Medical Campus, an example of strategic planning and regional collaboration toward common objectives; and Whereas: There are dozens of sites in downtown Buffalo and at the Buffalo Niagara Medical Campus, including several sites already owned by the County or the City, where such a health sciences facility will be a better fit than at the college's isolated North Campus in Amherst; and Whereas: Shifting ECC's proposed Health Sciences Center for Excellence to the City Campus, steps away from the Buffalo Niagara Medical Campus, would allow such a facility to leverage existing investments, better advance the college's mission, and boost the Region's health sciences industry; Now, Therefore be it Resolved: That the Common Council seeks support from Governor Andrew M. Cuomo and the Western New York state delegation to amend the State University of New York's proposed $15 million budget earmark to shift ECC's proposal for a Health Sciences Center for Excellence to its City Campus, where it can tap into emerging opportunities of the Buffalo Niagara Medical Campus; and Be it Further Resolved: That the Common Council requests this resolution be forwarded to Governor Andrew M. Cuomo, New York State Senate Majority Leader Dean Skelos, Assembly Speaker Sheldon Silver, all members of the NY State Legislature delegation Erie County Executive Mark Poloncarz, every member of the Erie County Legislature, the Western New York Economic Development Council, the Empire State Development Corporation, the Buffalo Niagara Partnership, ECC President Jack Quinn, and the members of the ECC Board of Trustees. ADOPTED NO. 96 BY: MR. KEARNS DEFIBRILLATORS IN ALL PUBLIC BUILDINGS Whereas: Coronary heart disease is one of the leading causes of death in the United States; and Whereas: Every two minutes, an individual suffers from cardiac arrest in the United States, and 250,000 Americans die each year from cardiac arrest out of hospital; and Whereas: The chance of survival for a victim of cardiac arrest diminishes by ten percent each minute following sudden cardiac arrest; and Whereas: Sixty percent of all cardiac arrests occur outside the hospital, and the average national survivor rate for an out -of- hospital victim of cardiac arrest is only five percent; and Whereas: Eighty percent of cardiac arrests are caused by ventricular fibrillation, for which defibrillation is the only effective treatment; and Whereas: Automated external defibrillators (AEDs) make it possible for non - medical rescuers to deliver potentially life- saving defibrillation to victims of cardiac arrest; and Whereas: Schools, community centers, libraries and any building or facility accessed by the public can benefit greatly by having an automated external defibrillator (AED), since it often takes critical time for emergency medical personnel to respond to victims of cardiac arrest in public buildings; and Whereas: Having and AED in buildings accessed by the public increases the prospect that this lifesaving device will be available when a cardiac emergency occurs; and Whereas: The American Heart Association recommends that automated external defibrillators (AEDs) be available in all places where large numbers of people congregate; Now, Therefore be it Resolved: That the Common Council of the City of Buffalo supports the installation of automated external defibrillators (AEDs) in all public buildings in the City of Buffalo; and Be it Further Resolved: That the Corporation Counsel draft an ordinance mandating the installation of automated external defibrillators (AEDs) in all public buildings in the City of Buffalo. Be it Further Resolved: That copies of this resolution be forwarded to the Corporation Counsel, Buffalo Fire Department, Department of Public Works, Parks and Streets and Administration and Finance for their comments and suggestions on implementing a program to install automated external defibrillators (AEDs) in all city -owned public buildings in the City of Buffalo. REFERRED TO THE COMMITTEE ON FINANCE AND PUBLIC WORKS - 1iALriI:aN *1N0 NO. 97 ORDINANCE AMENDMENT CHAPTER 175, FEES The Common Council of the City of Buffalo does hereby ordain as follows: That Chapter 175 of the Code of the City of Buffalo be amended to read as follows: § 175 -1. Enumeration of Fees The following schedule of fees is hereby established with respect to licenses, permits and activities required or regulated under the provisions of various chapters of the Code of the City of Buffalo. Applications for and the issuance of such licenses and permits shall be subject to the provisions of the specific chapter of the Code which is indicated for each type of license or permit. The business, activity or operation for which the license or permit is required shall be subject to all regulations set forth in the chapter to which reference is made. These fees may be adopted or revised by the Common Council from time to time. Code Chapter Section, Type of Application, Permit or License Fee Parks and Other Open Spaces (Last Amended 4 -1- Chapter 309 2003, effective 4 -9 -2003) § 309 -28, Use of facilities With the exception of designated private ice time at skating rinks, City of Buffalo handicapped persons (classified as such by the United States Department of Health, Education and Welfare) may use any of the hereinafter mentioned recreational facilities free of all charges and fees. Cazenovia Park Ice Rink shall be open for public skating: between the hours of 3:00 and 5:00 pm Monday through Friday's, between the hours of 3:00 and 5:00 Dm and 7:00 and 9:00 om on Fridays and between 2:00 and 4:00 Dm and 7:00 and 9:00 om on Saturdays and Sundays. APPROVED AS TO FORM NOTE: Matter underlined is new, matter in brackets is to be deleted REFERRED TO THE COMMITTEE ON LEGISLATION NO. 98 BY: MR. KEARNS & MR. LOCURTO ORDINANCE AMENDMENT CHAPTER 175, FEES The Common Council of the City of Buffalo does hereby ordain as follow: That Chapter 175 of the Code of the City of Buffalo as pertains to the licensing of contractors be amended to read as follows: Code Chapter Section, Type of Application, Permit or License Fee Chapter 265, Propert y Managers Chapter 265, Property Managers $75.00 City Resident Non -City Resident ICE SKATING Youths under 18 and seniors $1.00 $3.00 18 years and over $2.00 $3.00 Designated private ice time: Indoor rink: $110.00 $180.00 All groups other than Developmental league, per hour Developmental league, $80.00 $200.00 (including Explorer League, Timon and Canisus High School), per hour [Nonresident participating $60.00 With resident or Developmental league or High school, per Individual /per season] Skating lessons, per session $12.00 $20.00 Cazenovia Park Ice Rink shall be open for public skating: between the hours of 3:00 and 5:00 pm Monday through Friday's, between the hours of 3:00 and 5:00 Dm and 7:00 and 9:00 om on Fridays and between 2:00 and 4:00 Dm and 7:00 and 9:00 om on Saturdays and Sundays. APPROVED AS TO FORM NOTE: Matter underlined is new, matter in brackets is to be deleted REFERRED TO THE COMMITTEE ON LEGISLATION NO. 98 BY: MR. KEARNS & MR. LOCURTO ORDINANCE AMENDMENT CHAPTER 175, FEES The Common Council of the City of Buffalo does hereby ordain as follow: That Chapter 175 of the Code of the City of Buffalo as pertains to the licensing of contractors be amended to read as follows: Code Chapter Section, Type of Application, Permit or License Fee Chapter 265, Propert y Managers Chapter 265, Property Managers $75.00 Underlined is new; matter in brackets is to be deleted. REFERRED TO THE COMMITTEE ON LEGISLATION BY: MR. KEARNS NO. 99 ORDINANCE AMENDMENT CHAPTER 316 - PEDDLING AND SOLICITING THE COMMON COUNCIL OF THE CITY OF BUFFALO DOES HEREBY ORDAIN AND AMEND CHAPTER 316 OF THE BUFFALO CITY CODE BY ADDING ARTICLE IX; "MOBILE FOOD VEHICLE VENDORS" That Chapter 316 of the Code of the City of Buffalo be amended to read as follows: ARTICLE IX: MOBILE FOOD VEHICLE VENDORS (44316 -60 -- 316 -67) 316 -60 DEFINITIONS MOBILE FOOD VEHICLE ( "MFV "): A commercially manufactured, self -- contained, motorized, mobile food unit in which ready -to -eat food is cooked, wrapped, packaged, processed or portioned for service, sale or distribution. MOBILE FOOD VEHICLE VENDOR ( "MFVV "): The owner of a mobile food vehicle or the, owner's agent; hereinafter referred to as "vendor." 316 -61 RESTRICTIONS A. It shall be unlawful for any person to operate a mobile food vehicle within the public rights of way or on public property within the City of Buffalo without first having obtained a valid mobile food vending license as prescribed in this Article. Operation of a Mobile Food Vehicle on private property shall continue to be regulated and prohibited in accordance with all applicable provisions of the City Code. B. Any Mobile Food Vehicle Vendor operating within the Special Downtown District shall abide by Article VIII of this Chapter within said District and the restrictions enumerated herein shall only apply to all areas outside of said District. C. It shall be unlawful for a Mobile Food Vehicle Vendor to park, stand, or operate in a location which is adjacent to or within a one hundred (100') foot radius of the nearest edge of any building or section of a of a building comprising a licensed food establishment, excluding any patio, awning or temporary enclosure attached thereto, the kitchen of which is open for serving food to patrons. This requirement may be waived if the application is submitted together with the written consent of the proprietor of the adjacent licensed food establishment. D. Each and every MFVV must at all times carry on the vehicle a "measuring wheel" with a measuring capacity of no less than 500 feet, as a condition of its licensure. The failure of any MFVV to carry such a "measuring wheel" or abide by the proximity distance restrictions included in this Chapter, shall constitute a violation of this Ordinance pursuant to §316 -55 of this Code. E. All Mobile Food Vehicle Vendors must abide by all Parking and Vehicle and Traffic Laws, Ordinances, Rules and Regulations at all times, except that a Mobile Food Vehicle that is of such a length that it occupies all or a portion of two vehicle parking spaces, may par in said spaces so long as it abides by all other Parking Restrictions. including any two hour maximum durational requirements in force and effect at that time and location F. It shall be unlawful for any Mobile Food Vehicle Vendor to operate within five, hundred (500') feet of the boundary line of any fair, carnival, circus, festival, special event o, civic event that is licensed or sanctioned by the City, except when the vendor has obtained a permit to so operate from the City of Buffalo in accordance with Chapter 414 of this Code. G. It shall be unlawful for any Mobile Food Vehicle vendor to operate within 100 feet of any hot dog vendor, licensed to vend hot dogs within the City of Buffalo. H. Only one Mobile Food Vehicle shall be allowed to stand, park or operate between every two "block faces" facing each other within the City of Buffalo at any_given time. For purposes of this Ordinance, a block face refers to one side of a street between two intersections, such that if a City block is a square then its block face is one side of that square. Only one Mobile Food Vehicle can legally operate, stand or park in the street between two block faces. I. All signage must be permanently affixed to the Mobile Food Vehicle. No accessory signage shall be placed outside or around the Mobile Food Vehicle. J. All Mobile Food Vehicles must be equipped with trash receptacles of a sufficient capacity that shall be changed as necessary to prevent overflow or the creation of litter or debris. Each Mobile Food Vehicle Vendor shall be responsible for abiding by Section 216 -9 of this Code, any violation of which shall be punished in accordance with Section 216 -11 of this Code. 316 -62 LICENSE REQUIRED, APPLICATION: A. Any person desiring to operate a mobile food vehicle shall make a written application for such License to the Department of Permits and Inspections Services, Office of Licenses. The application for such license shall be on forms provided by the Commissioner of Permits and Inspections Services or his designee, and shall include the following; 1. Name, signature and address of each applicant and each corporate officer of the Mobile Food Vehicle Vending Corporation. 2. A valid copy of all necessary licenses, permits or certificates required by the County of Erie, the State of New York or any subsidiary enforcement agencies or departments thereof, including, but not limited to: a valid New York State Department of Motor Vehicle Registration and Certificate of Inspection and valid Driver's Licenses of all vehicle operators. 3. A signed statement that the vendor shall hold harmless the City and its officers and employees, and shall indemnify and hold harmless the City and its officers and employees for any claims for damage to property or inure to persons which may be occasioned by any activity carried on under the terms of the license. Vendor shall furnish and maintain such public liability, food products liability, and property insurance, as will protect vendor and the City from all claims for damage to property or bodily inure, including death, which may arise from the operations under the license or in connection therewith. Such insurance shall provide coverage of not less than one million dollars ($1,000,000.00) per occurrence. The policy shall further provide that it may not be cancelled except upon thirty (30) days written notice served upon the City of Buffalo Office of Licenses. A license issued pursuant to the provisions of this section shall be invalid at any time the insurance required herein is not maintained mad evidence of continuing coverage is not filed with City of Buffalo Office of Licenses. 4. All license applicants shall submit to a Buffalo Police Department background check into the moral character of the applicant for convictions related to the proposed activity that would indicate that he or she is not a suitable licensee. A license application may be refused by the Commissioner of Permits and Inspections Services or his designee, if, in his or her discretion, a prior criminal conviction demonstrates that he or she is not a suitable licensee. 316 -63 FORM AND CONDITION OF LICENSE Every Mobile Food Vehicle Vending License shall contain the following conditions: A. Each Mobile Food Vehicle Vending License shall expire on April 1 of every year. B. The license shall not be transferrable to from person to person without the written approval of the Director of Licenses. C. The license is valid for one U vehicle only. D. There shall be issued to each Vendor a suitable decal that shall be permanently and prominently affixed to the vehicle. 316 -64 LICENSE FEE All vendors licensed under this Chapter shall pay an annual license fee of One Thousand Dollars ($395.00). 316 -66 SUSPENSION, REVOCATION & FINE SCHEDULE: A. The owner /operator of any Mobile Food Vehicle licensed by the City of Buffalo shall comply with all provisions of federal state and local laws and ordinances. B. The owner /operator of any Mobile Food Vehicle licensed by the City of Buffalo shall comply with all notices, orders, decisions and rules and regulations made by the Department of Permit and Inspection Services, Buffalo Police Department or any other City of Buffalo Department and /or Agency. C. Any person, firm, corporation or other entity violating the provisions of this chapter may be liable for penalties as prescribed below and elsewhere in this Code, and may be subject to immediate closure by the Buffalo Police Department and /or the Department of Permit and Inspection Services, pending an Administrative Hearing, which will be scheduled within sixty (60) days of said immediate closure. The Licensee shall have the fight to operate in accordance with this Chapter between the time of the alleged violation and the hearing and the final determination regarding the same. D. For violations solely of the provisions of this Chapter, the following fine schedule shall apply: 1 sc Offense: $200.00 fine after a finding or plea of guilt before the City of Buffalo's Bureau of Administrative Adjudication. 2nd Offense: $350.00 fine after a finding or plea of guilt before the City of Buffalo's Bureau of Administrative Adjudication. 3rd Offense: License revocation after a finding or plea of guilt before the City of Buffalo's Bureau of Administrative Adjudication. 316 -66 CLOSURE FOR OPERATION WITHOUT A LICENSE Any establishment operating without the required City of Buffalo license shall be immediately closed by order of the Buffalo Police Department or the Department of Permit and Inspection Services. Every day of operation without a license shall constitute a separate violation and shall be punishable by a fine of $1500 per violation. 316 -67 SUNSET PROVISION This Article shall sunset on April 1, 2013, meaning, that it shall no longer continue to be effective without subsequent action by the Common Council of the City of Buffalo to renew, amend or modify the same. APPROVED AS TO FORM NOTE: Matter underlined is new, matter in brackets is to be deleted. REFERRED TO THE COMMITTEE ON LEGISLATION BY: MICHAEL P. KEARNS NO. 100 RECORDS RETENTION AND DISPOSITION Whereas: Recently, a City of Buffalo resident requested from the City Clerk's office, a DVD taped recording of the Waterfront Committee proceedings; and Whereas: After payment and receipt of the tape proceedings, the resident contacted the City Clerk's office and explained that the tape was blank. The payment for the tape was promptly returned and was offered an audio tape of the proceedings. However, the Department of Telecommunications stated to the City Clerk's office that the record of the Committee meeting was destroyed, and that it was the practice of the Department to destroy these records aider One year; and Whereas: The Record Retention and Disposition Schedule MU -1 guide is used by the City Clerk's office as a guide to its records retention, it is also used by cities, towns and villages to serve as a retention schedule for government offices. Within this guide is information concerning local government public access television records. It states that videotape (or other information storage device) recording local government public access television programs, where the program is produced by local government and constitutes an important public meeting, significant event, important subject or documents local government policy making should have permanent retention status; and Whereas: It is imperative that all meetings conducted within the Common Council Chambers be taped and available to all residents. These meetings should be considered as permanent record; and Whereas: Section 361 -12 of the City of Buffalo Charter states, "The more open a government is with its citizenry, the greater the understanding and participation of the public in government. The Common Council therefore declares that government is the public's business and that the public, individually and collectively, as represented by a free news media, should have access to the records of government as freely as possible ;and NOW, THEREFORE BE IT RESOLVED: That the Law Department gives their opinion with regard to record retention for all City of Buffalo taped proceedings; and NOW, THEREFORE BE IT FURTHER RESOLVED: That the Department of Telecommunications defines their records retention schedule for the safekeeping of all taped public meetings; and NOW, THEREFORE BE IT FURTHER RESOLVED: That the Department of Telecommunications keep on file video copies of all Common Council regular and committee meetings; and NOW, THEREFORE BE IT FURTHER RESOLVED: That the Department of Telecommunications send video copies of all Common Council regular and committee meetings to the City Clerk within 10 days of such meeting; and NOW, THEREFORE, BE IT FINALLY RESOLVED: The City of Buffalo Common Council, hereby directs that copies of this resolution be forwarded to the Law Department, Department of Public Works, Parks and Streets, Department of Telecommunications and the City Clerk's office for their comments. REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY CLERK NO. 101 BY: MR. LOCURTO TRANSFER IN FUNDS A & F - BUDGET That, Pursuant to §20 -12 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the appropriation in be transferred and reappropriated as set forth below: From: 11150006 - 480000 Budget - Administration & Finance Other Services $100,000.00 To: 17112006 - 435204 -11379 Music Is Art $ 3,600.00 17112006 - 435204 -11203 Shakespeare In The Park $ 14,100.00 17112006- 435204 -11109 Alleyway Theatre $ 750.00 17112006 - 435202 -11068 CEPA Gallery $ 7,600.00 17112006 - 435202 -11092 El Museo $ 782.50 17112006 - 435204 -11265 Folkloric Dance $ 50.00 17112006 - 435202 -11122 Hallwalls Gallery $ 8,300.00 17112006 - 435204 -11133 Irish Classical Theatre $ 12,100.00 17112006 - 435204 -11137 Just Buffalo Literacy Center $ 8,500.00 17112006 - 435204 -11152 Locust St Neighborhood Art Classes $ 1,902.50 17112006 - 435204 -11173 New Phoenix Theatre $ 3,350.00 17112006 - 435202 -11380 Pierce Arrow Museum $ 350.00 17112006 - 43204 -11381 Road Less Traveled Theatre $ 322.50 17112006 - 435204 -11212 Squeaky Wheel $ 1,850.00 17112006 - 435204 -11224 Theatre Of Youth $ 8,300.00 17111006 - 435110 -11093 Buffalo & Erie County Naval Park $ 100.00 17112006 - 435204 -11005 African American Cultural Center $ 11,200.00 17112006 - 435202 -11013 Buffalo Arts Studio $ 4,900.00 17111006 - 435109 -11035 Buffalo Inner City Ballet $ 1,900.00 17112006 - 435202 -11054 Big Orbit Gallery $ 1,447.50 17112006 - 435204 -11043 BPO Chorus $ 1,500.00 17112006 - 435204 -11075 Community Music School $ 195.00 17112006 - 435204 -11138 Kavinoky Theatre $ 600.00 17112006 - 435204 -11226 Ujima Company $ 2,750.00 17112006 - 435204 -11246 Young Audiences of WNY $ 300.00 17112006 - 435204 -11382 Naglia Ballet $ 1,300.00 17112006 - 435203 -11383 Botanical Gardens $ 1,950.00 PASSED AYES -8 NOES -0 BY: MRS. RUSSELL NO. 102 APPOINT LEGISLATIVE ASSISTANT (UNIV)(LAMPARELLI) WHEREAS: I am appointing Mary E. Lamparelli who resides at 82 Larchmont Road, Buffalo, New York as a Legislative Assistant in my office; and NOW THEREFORE, BE IT RESOLVED THAT: Mary E. Lamparelli is appointed as a Legislative Assistant for the University District Council Office. ADOPTED NO. 103 BY: BONNIE E. RUSSELL DISCH CCP #23,11/29-APPOINT POLICE LIEUTENANTS (BEATY,KOCOL) Discharge the Civil Service Committee from consideration of the following item: "Appoint Police Lieutenants (Perm)(Beaty)(Kocol)(Pol)" (No. 23, C.C.P. Nov 29) WHEREAS, The above item is currently in the Civil Service Committee; and WHEREAS, It is no longer necessary for this item to be considered by that committee. NOW, THEREFORE, BE IT RESOLVED, That the Common Council of the City of Buffalo does hereby discharge the Civil Service Committee from further consideration of the item "Appoint Police Lieutenants (Perm)(Beaty)(Kocol)(Pol)" (No. 23, C.C.R Nov 29) and said item is now before the Common Council for its consideration. ADOPT DISCHARGE, APPROVED AYES -8 NOES -0 BY: BONNIE E. RUSSELL NO. 104 DISCH CCP #24, 11/29- APPOINT POLICE CHIEF(BEATY) Re: Discharge the Civil Service Committee from consideration of the following item: "Appoint Police Chief (P rov)(Beaty)(Pol)" (No. 24, C.C.P. Nov 29) WHEREAS, The above item is currently in the Civil Service Committee; and WHEREAS, It is no longer necessary for this item to be considered by that committee. NOW, THEREFORE, BE IT RESOLVED, That the Common Council of the City of Buffalo does hereby discharge the Civil Service Committee from further consideration of the item "Appoint Police Chief (P rov)(Beaty)(Pol)" (No. 24, C.C.R Nov 29) and said item is now before the Common Council for its consideration. ADOPT DISCHARGE, APPROVED AYES -8 NOES -0 NO. 105 BY: MR. SMITH DISCHARGE SPECIAL COMMITTEE ON PARKS OVERSIGHT Item #37, C.C.P. Mar. 3, 2009 "D. Smith -Local 264- on Committee Re Transfer of Parks Back to City" Item #28, C.C.P. Feb. 17, 2009 "T. Herrera - Mishler -Bflo Olmsted Pks Consery Contract Extension Position" Item #29, C.C.P. Feb. 17, 2009 "D. Hill- Johnnie B Wiley Comm Req Meeting With The Common Council' Item #64, C.C.P. Feb. 17, 2009 "D. Smith - Request Establishing & Chairing Parks Advisory Committee ( #62, 9/30)( #64, 10/28)( #68,2/3)" Item #74, C.C.P. Mar. 31, 2009 "B. Davis - Design Report for Johnnie B Wiley ( #34, 3/17)" Item #33, C.C.P. Feb. 3, 2009 "M. Kearns - Letter to Corporation Counsel -Req for Info" Item #49, C.C.P. Feb. 3, 2009 "J. Hornnung- Inventory List -EC Parks Dept City Div -Equip & Div -Equip & Employees" Item #50, C.C.P. Feb. 3, 2009 "Req for Status Update -EC Intention to Terminate the Intermunicipal Agmt to Operate & Maint COB Parklands (Exc 1 sc & 2 " Res)" Item #51, C.C.P. Feb. 3, 2009 "M. Kearns -J Blidy- Concerns Deteriorating Conditions of Hilary Park( #32, 10/14)" Item #52, C.C.P. Feb. 3, 2009 "City Parks Capital Funding (Compt)( #9, 9/2)" Item #53, C.C.P. Feb. 3, 2009 "B. Davis -J Sisson- Cathedral Park Tower ( #63, 9/2)" Item #54, C.C.P. Feb. 3, 2009 "City Parks Capital Funding ( #163, 7/22) Whereas: The above items are currently in the Special Committee on Parks Oversight; and Whereas: It is no longer necessary for these items to be considered by that committee; Now, Therefore Be it Resolved: That this Common Council does hereby discharge the Legislation Committee from further consideration of Item #37, C.C.P. Mar. 3, 2009 "D. Smith -Local 264- on Committee Re Transfer of Parks Back to City" Item #28, C.C.P. Feb. 17, 2009 "T. Herrera - Mishler -Bflo Olmsted Pks Consery Contract Extension Position" Item #29, C.C.P. Feb. 17, 2009 "D. Hill- Johnnie B Wiley Comm Req Meeting With The Common Council" Item #64, C.C.P. Feb. 17, 2009 "D. Smith - Request Establishing & Chairing Parks Advisory Committee ( #62, 9/30)( #64, 10/28)( #68, /3)" Item #74, C.C.P. Mar. 31, 2009 "B. Davis - Design Report for Johnnie B Wiley ( #34, 3/17)" Item #33, C.C.P. Feb. 3, 2009 "M. Kearns - Letter to Corporation Counsel -Req for Info" Item #49, C.C.P. Feb. 3, 2009 "J. Hornnung- Inventory List -EC Parks Dept City Div -Equip & Div -Equip & Employees" Item #50, C.C.P. Feb. 3, 2009 "Req for Status Update -EC Intention to Terminate the Intermunicipal Agmt to Operate & Maint COB Parklands (Exc 1 sc & 2 "d Res)" Item #51, C.C.P. Feb. 3, 2009 "M. Kearns -J Blidy- Concerns Deteriorating Conditions of Hilary Park( #32, 10/14)" Item #52, C.C.P. Feb. 3, 2009 "City Parks Capital Funding (Compt)( #9, 9/2)" Item #53, C.C.P. Feb. 3, 2009 "B. Davis -J Sisson- Cathedral Park Tower ( #63, 9/2)" Item #54, C.C.P. Feb. 3, 2009 "City Parks Capital Funding ( #163, 7/22) and said items are now before the Common Council for its consideration. ADOPT DISCHARGE, RECEIVED AND FILED NO. 106 BY: DEMONE SMITH EDUCATION OVERSIGHT COMMITTEE Whereas There has been increased interest in citizen and parental involvement in the Board of Education; and Whereas Parents and citizens have the right to be involved and have a working knowledge of the operations of the Board of Education and the ability to effectuate change and decision making; and Whereas Currently there is no vehicle for parents and citizens to officially be assembled under a governmental entity; Now, Therefore, Be It Resolved: That the Education Committee empowers a subcommittee to be called the Citizen's Education Oversight Committee that will be authorized to: Review and analyze Buffalo's educational needs, relevant data, current policies and the practices, structure, and funding mechanisms of the Buffalo Public Schools, Recommend to the Common Council and the Mayor the most efficient and effective ways for the Buffalo Public Schools to meet their goal of providing children and adults with the educational attainment necessary for personal success so that they may secure the sovereign rights of live, liberty, and the pursuit of happiness. The first action of the Committee is to look into the district's evaluations of PLA schools. REFERRED TO THE SPECIAL COMMITTEE ON EDUCATION NO. 107 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 TuWanner M. Cleveland Malcolm Aaron Ertha William C. Donovan Joseph J. Catanzaro TOTAL4 ADOPTED NO. 108 BY: DEMONE A SMITH APPOINTMENTS COMMISSIONER OF DEEDS That the following persons are hereby appointed as Commissioner of Deeds for the term ending December 31, 2012, conditional, upon the person so appointed certifying under oath to their qualifications and filing same with the City Clerk: Bruce Kogen Jeanette E. McLeod TOTAL:2 ADOPTED NO. 109 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, January 31, 2012 at 9:45 o'clock A.M. Committee on Finance following Civil Service Tuesday, January 31, 2012 at 10:00 o'clock A.M. Committee on Comm. Dev. Tuesday, January 31, 20 i2 at 1:00 o'clock P.M. Committee on Legislation Tuesday, January 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. 110 ADJOURNMENT On a motion by Mr. Smith, Seconded by Mr. Pridgen, the Council adjourned at 3:14 PM GERALD A. CHWALINSKI CITY CLERK