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Home My WebLink About12-0306 (2)NO. 5 PROCEEDINGS OF THE CITY OF BUFFALO MARCH 6, 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 SPECIAL COMMITTEES Members Members BUDGET COMMITTEE: Demone A. Smith, Chairman, Joseph Golombek, Jr., Michael P. Kearns, Darius G. Pridgen, David A. Rivera - 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- Members CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO TUESDAY, MARCH 6, 2012 AT 2:00 P.M. Present - Richard A. Fontana, President of the Council, and Councilmembers: Franczyk, Golombek Jr., Kearns, LoCurto, Pridgen, Rivera, Russell, Smith - 9 Absent - 0 On a motion by Mr. Smith, Seconded by Mrs. Russell, the minutes of the stated meeting held on February 21, 2012 were approved. INVOCATION PLEDGE TO FLAG DATE March 6, 2012 FINAL MAYOR MAYOR - EXECUTIVE 1. Plan Bd -SEQR Neg Declaration -10 Days Park(AKA 40 Days Park) R &F 2. Strat Plan -Add Info Reg. Contract With NYSDOS Brownfield Opportunity Area Grants For Bflo Outer Harbor, Bflo River Corr, and Tonawanda St. Corr. 3. Strat Plan- Report of Sale 48 & 50 St. Paul, 938 Ellicott(Ell) CD PUBLIC WORKS MISCELLANEOUS 4. COB Accept of ECHDC's Seasonal Floating Dock Ext. Procurement, Canal Side Central Wharf Area APP 5. Change Order Erie Basin Marina - Restroom Improv APP 6. Change in Contract - Fillmore Ave Streetscape Proj(Masten) APP 7. Change in Contract - Seneca St Streetscape Project(South) APP 8. Ferry St. Lift Bridge Emergency Repair Contract APP 9. Perm to Engage Service of Consulting Eng for Bridge Rehab Prog Citywide APP 10. Perm to Engage Service of Consulting Eng for Citywide St Cut Reconst APP 11. Perm to Engage Service of Consulting Eng for Citywide Utility Restor. Inspection - APP 12. Perm to Hang Banners - Millard Fill Gates Hosp APP 13. Reduction in Retention Resurf. Of City Pavements APP 14. Report of Bids -Coca Cola Field Freight Elevator Upgrade(Ell) APP 15. Report of Bids -Pools 2012 Reconstruction(Various Dist) APP 16. Request Approval for Mngt, Maint,Operation and Improv of Mulroy Pk, Pierce Field Btwn COB and Bflo Legacy Proj Inc. APP 17. Appoint Chief Pumping Plant Engineer(Prov)(Max)(Fatig) CS 18. Appoint Head Exterminator(Prov)(Max)(Murphy) CS 19- 18A Appointments Supervisor of Street Sanitation(Tamsen, Gramaglia) CS PERMITS AND INSPECTIONS 20- 19. Food Store(New) 1482 Broadway(Fill) APP 21- 20. Food Store(New) 471 E. Ferry(Masten) LEG 22- 21. Food Store(New) 489 Grant(Nia) APP 23- 22. Food Store(New) 1096 Kensington (Masten) LEG 24- 22A Restaurant Dance License Renewal -228 Franklin(Ell) LEG 25- 23. Second Hand Dealer 2303 Delaware Ave(Del) APP 26- 24. Used Car Dealer 2677 Delaware (Del) APP 27- 25. Used Car Dealer 18 Tonawanda (North) APP ADMINISTRATION AND FINANCE 28- 26. List of Delinquent Tax, User Fees and Sewer Rent Liens FIN 29- 27. Appoint Director of Urban Affairs(Exempt)(Ford) CS CITY CLERK 30- 28. Liquor License Applications R &F 31- 29. Leaves of Absence R &F 32- 30. Notices of Appointments - Council Interns ADOPT 33- 31. Notices of Appointments- Temp/Prov/Perm CS MISCELLANEOUS 34- 32. J. Golombek - Article -$7.5M Commitment to ECC Affirmed CD 35- 33. D. Pridgen -A. Warner- Common Council Chaplain LEG 36- 34. D. Smith - Article -The Right Way to Redistrict Now LEG 37- 34A. D. Smith -T. Kniazuk -COB Cultural Funding Impact CD 38- 34B. D. Smith -LIB- Interdisciplinary Science and Engineering Partnership ED 39- 34C D. Smith -LISPS- Moving Mail Operations From Buffalo to Rochester LEG 40- 34D D. Smith- Creation of Citizens' Education Oversight Sub - Committee ED,C.PRES PETITIONS 92- 47. Russell, etc. 41- 35. N. Abraham, Agent, Use 1292 Hertel Ave to Expand a Garage Doors ADOPT RES,REM LEG 93- 47A. Smith Restaurant(hrg 3 /13)(Del)_ LEG,CPBD 42- 36. A. Eoannou, Owner, Use 1416 Hertel Convert an Existing Store to Take -Out Felicitation/In Memoriam ADOPT 95- 48A Smith Rest.(hrg 3 /13)(Del) LEG,CPBD 43- 37. R. Lucchino, Owner, Use 937 Elmwood to Erect Illum. Pole Sign in City ROW(no hrg)(Del) LEG,CPBD,ZONING 44- 38. J. Swezy, Owner, Use 1131 Delaware Ave for a Sign(hrg 3 /13)(Ell) LEG,CPBD 45- 39. R. Price & O -Req. Improv. to Hudson Street Behind Elmwood Vill Charter Sch _CD,PW RESOLUTIONS 83- 39A. Fontana Appoint Special Committee Public Safety R &F 84- 40. Fontana, etc. Call for USPS to Continue One -Day Delivery of First -Class Mail 85- 41. Golombek Dangers of Hydraulic Fracturing & Waste Disposal In NYS ADOPT 86- 42. Kearns Disch the Waterfront Comm From Consideration the Following Items #37,12/28, #32,11/16, #51,10/5, #58,6/23, #46,11/23, #50,11/12, #35,10/28, #138,12/11, #30,1/8, #74,1/24 ADOPT DISCH,R &F 87- 43. Kearns Animal Euthanization in the State of New York ADOPT 88- 44. Kearns Waiving Bldg Use Permit /Application Fee S. Bflo Blk Clb ADOPT 89- 45. LoCurto, etc. FIRM-Act to Amend Retire. and Soc Sec Law, In Relation to Certain Firefighters of COB, Nia. Falls and NFTA to Participate in Optional 20 Yr Retire. Plan Certain Circumstances LEG 90- 45A Pridgen Ordinance Amendment -Ch 511 Zoning- Special Districts LEG 91- 46. Russell Budget and Personnel Amendment- Common Council FIN 92- 47. Russell, etc. Enforcement of Property Maintenance Codes Relating to Missing Garage Doors ADOPT RES,REM LEG 93- 47A. Smith Appeal To BTF Reconsider Removing Student Excessive Attend. Clause From Teacher Evaluation Plan ADOPT RES,REM ED 94- 48. Smith Felicitation/In Memoriam ADOPT 95- 48A Smith Comm of Deeds -Public Duties ADOPT 96- 48B 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 Feb 21 S. Nugent, Owner, Use 204 Allen to Erect an Awning Perpendicular to 46- 1. Com 50 Feb 21 Notices of Appointments- Temp /Prow /Perm(Cty Clk) R &F FINANCE Existing Plaza(no hrg)(North) APP 58- 13. No 66 47- 2. Res 140 Feb 21 Refunding Bond Resolutions($21.4 M)1998, 2001, 2002 Sign(Ell)(no hrg) APP COMMUNITY DEVELOPMENT Feb 21 48- 3. No 53 Feb 21 NYSDOT- Designation of Restricted Highway -Route 198 R &F 49- 4. No 54 Feb 21 NYSDOT- Landscaping and Retaining Wall Improvements on Rt33 = R &F 50- 5. Res 141 Feb 21 City of Buffalo Strategic Development Task Force ADOPT 51- 6. No 55 Jan 24 D. Pridgen - Inquiry 413 Sherman St R &F 52- 7. No 33 Dec 13 Buffalo Pond Hockey Committee Proposals Ice Rink at TW Telecom of NY, Ip. Grant of Franchise(PW) APP 65- 20. Com 32 Feb 21 Food Store License(New) -1175 Hertel AKA 1177 Hertel(Del)(EDPI)_APP Hoyt Lake(Del) R &F 53- 8. No 34 Nov 29 D. Franczyk -C. Roberts - Concerns Alternate Parking on 68- 23. Com 38 Feb 21 Restaurant Dance License Renewal -596 Genesee(Ell)(EDPI) APP 69- 24. Com 43 W. Tupper St R &F 54- 9. No 49 Oct 4 M. LoCurto- Bringing Pond Hockey to Hoyt Lake R &F 55- 10. No 52 July 26 I Payne- Request Permission to Purchase Commission, Inc R &F 72- 27. No 113 982 & 974 Fillmore Ave(Fill) R &F LEGISLATION 56- 11. No 65 Feb 21 S. Nugent, Owner, Use 204 Allen to Erect an Awning Perpendicular to Front of Sit -In Rest.(hrg 2 /28)((Fill) APP 57- 12. No 64 Feb 21 S. Kupiec, Agent, Use 1893 Elmwood to Erect an Illum. Pylon Sign at an Existing Plaza(no hrg)(North) APP 58- 13. No 66 Feb 21 A.P. Rowell, Agent, Use 238 Elmwood for A Freestanding Sign(Ell)(no hrg) APP 59- 14. No 67 Feb 21 S. Kupiec, Agent, Use 900 Hertel for a Free Standing Sign (no hrg)(North) APP 60- 15. No 68 Feb 21 M. Cornwell, Agent, Use 330 Delaware for a Free Standing Sign (no hrg)(Ell) APP 61- 16. Res 136 Feb 21 Request to Name New St in Bflo Lakeside Commerce Park(exc final res)(hrg 3/6) APP 62- 17. Com 8 Feb 21 Report of Sale -1720 Main(Ell)(Strat Plan) APP 63- 18. Com 11 Feb 21 Report of Sale -218 Walnut(Ell)(Strat Plan) APP 64- 19. Com 27 Feb 21 TW Telecom of NY, Ip. Grant of Franchise(PW) APP 65- 20. Com 32 Feb 21 Food Store License(New) -1175 Hertel AKA 1177 Hertel(Del)(EDPI)_APP 66- 21. Com 34 Feb 21 Food Store License(New) -407 Plymouth(Nia)(EDPI) APP 67- 22. Com 37 Feb 21 Restaurant Dance License Renewal -445 Delaware- 445(Fill)EDPI) = APP 68- 23. Com 38 Feb 21 Restaurant Dance License Renewal -596 Genesee(Ell)(EDPI) APP 69- 24. Com 43 Feb 21 Notice of Intention -Name New Street In Bflo Lakeside Comm Pk- "Laborers' Way "(Cty Clk) R &F 70- 25. No 56 Feb 21 D. Pridgen- Abandoned Properties R &F 71- 26. No 59 Feb 21 L. Rubin - Michigan St African American Heritage Corridor Commission, Inc R &F 72- 27. No 113 Feb 21 M. Connors- Agent, Use 377 Elmwood for A Ground Sign (hrg 2 /14)(Nia)( 445,2/7) APP PEND ZBA APP 73- 28. No 114 Feb 21 N. Sinatra, Owner, Use 326 Elmwood for A Ground Sign (hrg 2 /14)(Nia)( 446,2/7) APP PEND ZBA APP 74- 29. No 117 Feb 21 Used Car Dealer -2650 Bailey(Mas)(EDPI)(20,2 /7) APP W /COND 75- 30. No 123 Feb 21 P. Tsouflidis, Owner, Use 708 Elmwood to Extend into the Second Floor Of An Existing Restaurant(hrg 1 /17)(Del)( 445,1/10) TABLE 76- 31. No 23 Feb 7 Transmittal from City Clerk- Response Video Copy of Council Meetings R &F 77- 32. Res 72 Jan 10 Ordinance Amend Ch 511 Article XVI- Zoning Sp Districts R &F 78- 33. No 59 Oct 4 M. LoCurto & O- Changing Prkg Regulations Bird Ave Btwn Soldiers PI & Elmwood R &F 79- 34. No 63 Jan 24 G. Kallas, Owner, Use 212 Pearl St -Place Outdoor Caf6 at City Owned Property(no hrg)(Ell) APP W /COND 80- 35. No 79 Jan 24 Food Store(New) -279 Virginia(Fill)(EDPI)( 424.1 /10) APP W /COND 81- 36. Res 96 May 17 Proposed Entertainment Area for Adults 21 and Up R &F 82- 37. Res 163 April 5 Est. Special Comm of the CC to Address Local Public Safety Issues R &F FROM THE MAYOR FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE CITY PLANNING BOARD NO. 1 PLAN BD -SEQR NEG DECLARATION -10 DAYS PARK9AKA 40 DAYS PARK) SEQRA Notice of Determination Non Significance Negative Declaration This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (SEQR -State Environmental Quality Review of the Environmental Conservation Law Lead Agency: City of Buffalo Planning Board Room 901 City Hal 65 Niagara Square Buffalo New York 14202 As per the provisions of SEQR the Lead Agency has reviewed the following action as it relates to the environment: Action Title Elmwood Village Charter School Location 10 Days Park (AKA 40 Days Park) Type of Action: Uncoordinated - Unlisted Description: HHL Architects on behalf Elmwood Village Charter School is proposing to rehabilitate the former elementary school on the property located at 10 Days Park. (AKA 40 Days Park) Buffalo New York Elmwood Village Charter School is proposing to renovate the existing 1956 Buffalo Public School building Number 36 to occupy for its charter school K -8 Program. Elmwood village charter school purchased the property from the City of Buffalo in November of 2011. Former School # 36 is located in the Allentown Historic district and is zoned R3. There is no change m the intended use of the building. The exterior brick shell will require masonry repair work where brick is spalling, as well as repointing and cleaning. Existing joints at parapet stone coping will be cleaned and sealed with new caulk and new through wall flashing will be installed at the stone coping. The existing roof will be renovated with a cold applied SIBS modified cap sheet restoration system. The extent of the site work will be minimal in design, consisting mostly of repair & patching to existing concrete stairs and retaining walls that are spalling. Spalling concrete will be removed and patched. Existing fencing will be removed and replaced. The existing playground area and equipment will remain, however new fall protection rubber surfacing will be installed under the existing equipment. The asphalt lots will be milled and resurfaced sealed, coated and striped. The driveway on the south parking lot will need to be removed and replaced with new concrete aprons to match the existing width. Interior renovation consists of minor wall relocations and complete interior finish upgrades to accommodate the programming needs of the Elmwood village Charter School while providing full accessibility to both the first and second floor levels with a new hole -less hydraulic passenger elevator. The intent of this project is to provide both programmatic compliance and neighborhood identification to the school. Extensive systems upgrades for both heating and cooling will affect the entire site first and second floor levels. Air quality and artificial lighting will be controlled so as to provide educational spaces conducive to learning. The existing windows are in good condition and will be maintained. The existing gymnasium will be renovated to remove the extensive water damage to the existing wood floor while also upgrading the striping plan to accommodate various athletic activities. A new entry and notable facade treatment will also be part of this renovation effort. The extent of the programmatic changes affecting the existing structure will provide the schools required needs to fulfill a full Kindergarten through eighth grade curriculum. The site has a 9000 gallon Number 2 fuel underground storage tank associated with the current heating system and has been installed since the construction of the school. A phase II Environmental Assessment was completed in April of 2010 and at that time no significant oil or groundwater impacts were encountered. The owner will replace all heating systems in the renovation and the existing underground storage tank will be removed in accordance with applicable laws and regulations to prevent a subsurface release. Confirmatory soil sampling will be completed at that time. The project is privately funded with developer hoping that they will be able to complete the renovations by the fall of 2012. 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 for this decision are as follows: The project will take a currently abandoned school building and provide a new educational use allowing the Elmwood Village Charter School to fulfill its mission in an up to date educational facility benefiting the many students who currently attend as well as future students who will also benefit from the up to date educational renovations. 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 Dated February 28, 2012 RECEIVED AND FILED FROM THE OFFICE OF STRATEGIC PLANNING NO. 2 ADDITIONAL INFORMATION REGARDING APPROVAL OF CONTRACT WITH THE New York STATE DEPARTMENT OF STATE ( NYSDOS) TO ACCEPT THREE BROWNFIELD OPPORTUNITY AREA (BOA) GRANTS FOR THE BUFFALO OUTER HARBOR, THE BUFFALO RIVER CORRIDOR, AND THE TONAWANDA STREET CORRIDOR. Item No. 80, CCP 03/04/09 Item No.118, CCP 04/18/06 Item No.119, CCP 04/18/06 The Common Council previously approved these contracts, but the original filings did not indicate the monetary amounts of each contract. The City's Audit Department on the dates listed above, requested re- filing, with monetary amounts included. The New York State Department of State ( NYSDOS) Brownfield Opportunity Area Program offers 90% reimbursement grants to municipalities to provide an in -depth and thorough description and analysts, including economic and market trend analysis, of existing conditions, opportunities, and reuse potential for properties located in the proposed Brownfield Opportunity Area. Emphasis is placed on the identification and reuse potential of strategic brownfield sites that are catalysts for revitalization. This work has commenced and is on- going. The NYSDOS awarded three BOA Grants to the City of Buffalo: 1. Buffalo Outer Harbor: Total project cost - $600,000. NYSDOS assistance - $540,000 (90 %) Local share - $50.000 (Erie Canal Harbor Development Corporation) $10,000 (in -kind project management services provided by City of Buffalo) 2. Tonawanda Street Corridor: Total Project Cost -$425 000 NYSDOS assistance - $382,500 (90 %) Local Share - $42,500 (Buffalo Urban Renewal Agency funding) 3. Buffalo River Corridor: Total Project cost -$525 000 NYSDOS assistance - $52,500 (90 %) Local Share - $52,500 (Buffalo Urban Renewal Agency funding) I am recommending that Your Honorable Body authorize the City to contract with NYSDOS to accept the three Brownfield Opportunity Area (BOA) Grants and contributions for local share in the amounts listed above. I am further recommending that Your Honorable Body authorize the City to contract with the Erie Canal Harbor Development Corporation to accept the $50,000 in grant funding to assist the City of Buffalo Outer Harbor (BOA) Project. I am also recommending that the City of Buffalo enter into a funding agreement with BURA, under which BURA provides $95,000 in matching funding for the Buffalo River Corridor and Tonawanda Street Corridor BOA Projects. The Office of Strategic Planning is requesting that your Honorable Body hereby: 1. Ratify and confirm the prior application materials submitted to obtain the above referenced grant funding commitments: 2. Authorize the Mayor to execute the necessary grant funding agreements (in substantially the form attached hereto) and related documentation as shall be required or useful in facilitating the City of Buffalo's receipt and utilization of the grant funding; 3. Authorize other city personnel to take all other steps and to enter into and execute such agreements and such further related project documentation and arrangements. Mr. Smith moved: That the above communication from the Executive Director of the Office of Strategic Planning, dated February 29, 2012, be received and filed; and That the Common Council hereby authorizes the Mayor be authorized to enter Brownfield Opportunity Area grant contracts with the New York State Department of State for: Buffalo Outer Harbor at a total project cost of $600,000 and NYSDOS assistance of $540,000; Tonawanda Street Corridor at a total project cost of $425,000 and NYSDOS assistance of $382,500; and Buffalo River Corridor for a total project cost of $525,000 and NYSDOS assistance of $472.500; to execute a contract with the Erie Canal Harbor Development Corporation to accept a grant of $50,000 in matching funding for the Buffalo Outer Harbor Project; to enter a funding agreement with the Buffalo Urban Renewal Agency to receive $95,000 in matching funding for the Buffalo River Corridor and Tonawanda Street Corridor Projects PASSED AYES -9 NOES -0 NO. 3 STRAT PLAN - REPORT OF SALE 48 & 50 ST. PAUL, 938 ELLICOTT (ELL) Report of Sale 48 St. Paul 55'W Ellicott Lot Size: 27x 90' Assessed Valuation: $1 200.00 50 St. Paul, W Corner Ellicott Lot Size: 55'x 11 2' wap 27x 22' in rear Assessed Valuation: $6.200.00 938 Ellicott. 94' S Best Lot Size: 10' x 289' Assessed Valuation: $8700.00 (Ellicott District) The Office of Strategic Planning, Division of Real Estate has received a request from 1238 Group, LLC. Mr. William Paladino 210 Ellicott Square 295 Main Street, Buffalo, New York 14203 to purchase the above referenced properties. 1238 Group, LLC recently acquired title to 1115 Main Street, the former Our Lady of Lourdes Church, and the adjacent former rectory and school building at 1091 Main Street located at the corner of Main and St. Paul. They also own 30.36. 42. 46, 29, 31, 33, 35.39 and 41 St. Paul. The church will be redeveloped into residential and retail use and a new medical office building is planned for the site. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations [axes or other liens owed to the City of Buffalo by the purchaser. 1238 Group, LLC commissioned KLW Group, real estate appraiser, to estimate the Fair Market Value of the subject properties. They estimated the Fair Market Value to be Sixty Nine Thousand Nine Hundred Dollars ($69,900.00). The City of Buffalo Appraisal Review Board reviewed the appraisal report and concurs with the appraisers' estimate of value. 1028 Group, LLC has agreed and is prepared to pay Sixty Nine Thousand Nine Hundred Dollars C$69,900.00) for the subject properties. They have also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 48 and 50 St. Paul and 938 Ellicott to 1238 Group, LLC in the amount of Sixty Nine Thousand Nine Hundred Dollars ($69.900.00). 1 am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. BRENDAN MEHAFFY EXECUTIVE DIRECTOR OFFICE OF STRATEGIC PLANNING REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO.4 CITY OF BUFFALO'S ACCEPTANCE OF ECHDC'S SEASONAL FLOATING DOCK EXTENSION PROCUREMENT, CONSTRUCTION AND INSTALLATION FOR SPRING OF 2012 AT THE CANAL SIDE CENTRAL WHARF AREA The Department of Public Works, Parks & Streets is writing to request that Your Honorable Body approve and facilitate the City of Buffalo's formal acceptance from Erie Canal Harbor Development Corporation ( "ECHDC" — of an extension and addition to the seasonal floating docks amenities at the Canal side and Central Wharf area in the Spring of 2012 in anticipation of the Summer of 2012 boating and Summer recreational season. Completion is expected to take place by June 29, 2012. ECHDC has made arrangements to fund the procurement, construction and installation of the seasonal floating docks. The addition of more seasonal floating docks will enhance the experience of visiting boaters. In addition, ECHDC has made arrangements to procure and install adaptable temporary docking that will be used to more safely and efficiently facilitate public pedestrian foot traffic from the Central Wharf land area on to the visiting "tall ships" and other visiting lake vessels, attractions and amenities. It is expected that up to an additional approximately 520 feet of 12 foot wide seasonal floating docks will be included as part of this expansion as well as -a platform, gangways, handrails, pathway modifications, fencing and an additional floating platform with two gangways to safely service and access larger visiting tall ships such as the USS Brigg Niagara and the Pride of Baltimore 11. In addition, lower height floating docks are going to be provided to facilitate safer and easier access to smaller watercraft such as kayaks, canoes and other non - motorized watercraft. Accordingly, and since the Central Wharf and Canal Side inner harbor areas under consideration for the additional seasonal floating docks amenities are owned by the City of Buffalo, it is appropriate for the City of Buffalo to now formally accept the seasonal floating docks amenities and related improvements and to enter into and /or accept such written documentation as shall appropriately evidence and /or effectuate the City of Buffalo's acceptance thereof and to effectuate insurance coverage for the City of Buffalo as an additional insured under the ECHDC's construction contractor's liability insurance policies and indemnifications. I am therefore requesting that your Honorable Body hereby: 1. Ratify and confirm preliminary steps taken by City personnel in discussing and setting the stage for construction and installation of the aforementioned additional seasonal floating docks amenities and related improvements: 2. Authorize me as the Commissioner of the City of Buffalo's Department of Public Works, Parks & Streets to enter into such agreement or agreements with ECHDC and or such party or parties as are necessary to effectuate and facilitate the acceptance, construction and installation of the additional seasonal floating docks amenities; and 3. Authorize other City personnel in the City's Department of Public Works, Parks & Streets. the City's Law Department and /or in the City's Office of Strategic Planning m take all other steps and to negotiate and. or enter into and execute such agreements and documents as are appropriate and or necessary to facilitate and implement the objectives all as set forth above in connection with and related to the aforementioned additional seasonal floating docks and related amenities and improvements. It is not expected that the City will incur any acquisition or installation /start -up expenses for this initiative other than those related to City staff time. Therefore, no additional expenditure, or cash outlay appropriation is being requested at this time. Mr. Smith moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated February 28. 2012, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to enter into a contract with the Erie Canal Harbor Development Corporation to effectuate and facilitate the acceptance, construction and installation of additional seasonal floating docks and related amenities at Central Wharf and Canal Side PASSED AYES -9 NOES -0 NO. 5 CHANGE ORDER #1 ERIE BASIN MARINA RESTROOM IMPROVEMENT CONTRACT CONTRACT NO. 93000811 The Department of Public Works, Parks & Streets is requesting permission of Your Honorable Body to increase Contract Number 93000811 as follows: Original Contract: $131,670.00 Change Order #1: $ 44,743.00 New Contract Amount: $176,413.00 The scope of this contract is the rehabilitation of the restroom and shower facilities at the Erie Basin Marina. During demolition of the interior of the shower /restroom building asbestos insulation panels were uncovered in the shower room ceiling. Those panels required remediation beyond the scope of the initial contract. In addition, we have asked the contractor to clean and seal cracking in the exterior walls of the shower /restroom building and perform the necessary roof, facade, and sidewalk repairs adjacent to the building to reduce water infiltration during heavy rain events. Funding for the additional work is available in Account 31980006 - 445100 and another account to be named at a later date. Mr. Smith moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated February 27, 2012, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to enter into Change Order ( #1), Contract Number 93000811, Erie Basin Marina Restroom Improvement, in the sum of $44,742.00. Source of funds is Capital Project #31980006 - 445100 and an account to be named at a later date. PASSED AYES -9 NOES -0 NO. 6 CHANGE IN CONTRACT FILLMORE AVENUE STREETSCAPE PROJECT CONTRACT #93000846 PIN #5757.76 MASTEN DISTRICT Contract Summary: Contract Amount $195,692.00 + Amount of change order(# 1) $ 45,044.00 Revised Contract Amount $240,736.00 City share of Change Order ( #1) - 5% or $2,252.00 1 hereby submit to your Honorable Body the following change for this contract. WATTS Architecture & Engineering is the Engineering Consultant for the Fillmore Avenue Streetscape Project for the City of Buffalo. The original contract provided for the traffic study, preliminary and final design of the project from North Parade to East Utica Streets. As additional City funds were identified to extend the project limit to East Ferry Street this increase will cover all costs to design the project from East Utica to East Ferry Streets. This is a federally funded project and the funding breakdown is 80% Federal, 15% State and 5% City. I certify that this increase is fair and equitable for the work involved. I 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 $45,044.00. Of this amount, 5% or $2,252.20 is the City share of the change. The funds are available in Capital Project Account #31970006- 445500; #34311806 - 445100; an account(s) to be named at a later date. Mr. Smith moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated February 27, 2012, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to enter into Change Order ( #1) with WATTS Architecture and Engineering for the Fillmore Avenue Streetscape Project in the sum of $45,044.00. Source of funds is Capital Project #31970006 - 445500; #34311806 - 445100; and an account to be named at a later date. PASSED AYES -9 NOES -0 NO. 7 CHANGE IN CONTRACT SENECA STREET STREETSCAPE PROJECT CONTRACT #93000783 PIN #5759.45 SOUTH DISTRICT PRIOR COUNCIL REFERENCE: #29 of 5/3/11 Contract Summary: Contract Amount $524,442.45 + Amount of change order( #1) $ 52,830.43 Revised Contract Amount $577,272.88 City share of Change Order ( #1) - 5% or $2,641.53 1 hereby submit to your Honorable Body the following change for this contract. NOVA Site Co., LLC is the General Contractor for the Seneca Street Streetscape Project for the City of Buffalo. This contract provided for the updating of Pavement Surfaces, ADA Compliant Pedestrian Ramps and Traffic Signals on Seneca Street between Hayden Street and Indian Church Road. This increase is necessary to complete revisions to the ADA Pedestrian Ramps to comply with the most recent Federal requirements and to repair damage discovered to the sub - surface electrical conduits pertaining to the traffic signal at Seneca Street and Cazenovia Street. This is a federally funded project and the funding breakdown is 80% Federal, 15% State and 5% City. I certify that this increase is fair and equitable for the work involved. I 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 $52,830.43. Of this amount, 5% or $2,641.53 is the City share of the change. The funds are available in Capital Project Account# 3186000'6- 445100. Mr. Smith moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated February 27, 2012, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to enter into Change Order ( #1), with NOVA Site Co., LLC, Seneca Street Streetscape Project, in the sum of $52,830.43. Source of funds is Capital Project #31860006- 445100. PASSED AYES -9 NOES -0 NO. 8 FERRY STREET LIFT BRIDGE EMERGENCY REPAIR CONTRACT CHANGE ORDER #2 PRIOR COUNCIL REFERENCE: Item #17, C.C.P. 6/22/10 As authorized by Your Honorable Body in the aforementioned resolution emergency repairs of the West Ferry Street Lift Bridge are being completed. As construction progressed it became necessary to adjust the repair details as field conditions dictated. In addition, unanticipated structural issues arose which required our immediate attention. Please see below the necessary updates to the contract: Original Contract Amount $229,596.57 Change Order #1 $119,348.92 (previously approved) Change Order #2 items: Grout Repair Overrun $ 10,719.00 Epoxy Crack Injection $ 1,094.12 Additional Structural Floor Beam Repairs $10,500.00 New Contract Amount $371,258.61 Our engineering consultant and project engineer have reviewed change order #2 as indicated above in the amount of $22,313.12 and hereby agree this change is fair and equitable. I respectfully recommend that your Honorable Body order the work and the cost thereof to be charged to the Bridge Repair Bond Funds 31310806, 33310306, 34311006 and an account(s) to be named at the later date. Mr. Smith moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated February 28, 2012, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to enter into Change Order ( #2), Ferry Street Lift Bridge Emergency Repair, in the sum of 22,313.12. Source of funds is Bridge Repair Bond Funds 31310806, 33310306, 34311006, and an account to be named at a later date. PASSED AYES -9 NOES -0 NO. 9 PERMISSION TO ENGAGE SERVICES OF CONSULTING ENGINEER FOR THE DESIGN, CONSTRUCTION ADMINISTRATION AND CONSTRUCTION INSPECTION FOR OUR BRIDGE REHABILITATION PROGRAM CITYWIDE The Federal Highway Administration (FHWA) designates funding each year for the design construction administration construction and construction inspection for several bridge maintenance and repair projects It is necessary for the City of Buffalo to enter into various agreements for each of these individual projects. In an effort to streamline and efficiently move these various 3rojects forward and to optimize the use of Federal funds and City bridge rehabilitation bond funds, I am asking permission of Your Honorable Body to engage the services of an Engineering Consultant in a term contract for design construction administration and construction inspection for our Bridge Rehabilitation Program. Funds for these contracts are available in accounts 31310806, 33310306 34311006 and an account(s) to be named at the later date The Consultant will be chosen from our Consultant list for Federal -Aid eligible projects. Mr. Smith moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated February 28, 2012, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to enter into a term contract for engineering consulting services for city -wide bridge rehabilitation Source of funds is Bridge Repair Bond Funds 31310806, 33310306, 34311006, and an account to be named at a later date. PASSED AYES -9 NOES -0 NO. 10 PERMISSION TO ENGAGE SERVICES OF CONSULTING ENGINEER FOR CITYWIDE STREET CUT RECONSTRUCTION CITY -WIDE I respectfully request that Your Honorable Body authorize the Department of Public Works, Parks and Streets to grant permission to hire a consultant to provide design, bid, and construction phase services for Citywide Street Cut Reconstruction. This includes restoration for water repairs, pavement cuts, and for miscellaneous repairs. The costs for consulting services are estimated not to exceed $100,000.00. The funds are available in Capital account(s) 34311506 445100 and /or an account(s) to be named at a later date. The consultant will be chosen through a Request for Qualifications (RFQ) process. Mr. Smith moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated February 28, 2012, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to enter into a term contract for engineering consulting services for Citywide Street Cut Reconstruction. Source of funds is Capital Account 34311506 - 445100 and an account to be named at a later date. PASSED AYES - 9 NOES — 0 NO. 11 PERMISSION TO ENGAGE SERVICES OF CONSULTING ENGINEER FOR CITYWIDE UTILITY RESTORATION INSPECTION I respectfully request that Your Honorable Body authorize the Department of Public Works. Parks and Streets to grant permission to hire a consultant to provide construction phase services for Citywide Utility Restoration Inspection. Utility companies pay a fee to the City for inspection of cuts that they make into the right -of -way. The costs for consulting services are estimated not to exceed $80.000.00. The funds are available in Capital account(s) 34311506 445100 and an account(s) to be named at a later date. The consultant will be chosen through a Request for Qualifications (RFQ) process. Mr. Smith moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated February 28, 2012, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to enter into a term contract for engineering consulting services for Citywide Utility Restoration Inspection. Source of funds is Capital Account 34311506 - 445100 and an account to be named at a later date. PASSED AYES -9 NOES -0 NO. 12 PERMISSION TO HANG BANNERS I hereby request from your Honorable Body the permission to allow Millard Fillmore Gates Hospital to hang (3) banners across Delaware Ave. between North St. and West Ferry. The exact locations will be determined and authorized by the Commissioner of Public Works, Parks and Streets. These banners will read: MILLARD FILLMORE GATES HOSPITAL IS MOVING MARCH 28 Said banners will be hung in accordance with all conditions, restrictions, and requirements as set forth by the City of Buffalo and the Department of Public Works, Parks and Streets. Mr. Smith moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated February 29, 2012, be received and flied; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to permit Millard Fillmore Gates Hospital to hang three banners across Delaware Avenue between North and West Ferry streets at exact locations and in accordance with conditions established by the Commissioner PASSED AYES -9 NOES -0 NO. 13 REDUCTION IN RETENTION RESURFACING OF CITY PAVEMENTS- 2011, GR. #736 DESTRO & BROTHERS CONCRETE CO., INC. CONTRACT #93000803 C.C.P. #20 OF6/28/11 It is respectfully requested that Your Honorable Body authorize a reduction in retention from the standard 5% to 1 % for the above mentioned contract. All completed work has been inspected and accepted by the City of Buffalo, Department of Public Works, Parks & Streets. Mr. Smith moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated February 29, 2012, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to reduce the retention to 1 % in Contract #93000803, Resurfacing of City Pavements- 2011, GR. #736 PASSED AYES -9 NOES -0 NO. 14 REPORT OF BIDS COCA COLA FIELD FREIGHT ELEVATOR UPGRADE JOB #1201 ELLICOTT DISTRICT I advertised for on February 9, 2012, and received the following formal sealed bids for Coca Cola Field, Freight Elevator Upgrade, which were publicly opened and read on February 22, 2012. Schindler Elevator Co. $46,184.00 80 Curtwright, Williamsville, NY DCB Elevator Co., Inc. No Bid P 0 Box 426, Lewiston, NY Gallagher Elevator No Bid 135 S Division, Buffalo, NY I hereby certify that the foregoing is a true and correct statement of all bids received and that Schindier Elevator Co., with a bid of Forty Six Thousand One Hundred Eighty Four and 00/100 Dollars ($46,184.00), 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 34323606 451000 - Buildings. Mr. Smith moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated February 27, 2012, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to award and execute a contract in the Total amount of $46,184.00 to Schindler Elevator Co., to be funded through a Account 34323606- 451000 - Buildings. PASSED AYES -9 NOES -0 NO. 16 REPORT OF BIDS POOLS 2012 RECONSTRUCTION JOB #1207 VARIOUS DISTRICTS I advertised for on January 3, 2012 and received the following sealed bids for Pools 2012, Reconstruction, which were publicly opened and read on February 14, 2012. General Construction Miller Enterprises $49270.00 12 Newfield, Buffalo, NY Patterson Stevens $60,490.00 400 Sawyer, Tonawanda, NY Electrical Work Weydman Electric $39,000.00 747 Young, Tonawanda, NY Mechanical Work Patterson Stevens $22,189.00 400 Sawyer, Tonawanda, NY R P Mechanical $22,488.00 7165 Genesee, Springville, NY Numarco $23,898.00 1021 Maple, Elma, NY Pool Specialty Work Patterson Stevens $91,780.00 400 Sawyer, Tonawanda, NY Numarco $92,340.00 1021 Maple, Elma, NY I 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 Miller Enterprises $49,270.00 Electrical Work Weydman Electric $39,000.00 Mechanical Work Patterson Stevens $22,189.00 Pool Specialty Work Patterson Stevens $91,780.00 for a total bid price of Two Hundred Two Thousand Two Hundred Thirty Nine and 00/100 Dollars ($202,239.00). 1 recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to order the work on the basis of the low bids. Funding will be available from 13296006 443200 - Buildings and another O &M account. Mr. Smith moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated February 28, 2012, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to award and execute contracts in the Total amounts of: $49,270.00 to Miller Construction; $39,000.000 to Weydman Electric; $22,189.00 to Patterson Stevens; and $91,780.00 to Patterson Stevens to be funded through Account 13296006- 443200 - Buildings, and another operation and maintenance account to be named later. PASSED AYES -9 NOES -0 NO. 16. REQUEST FOR APPROVAL FOR MANAGEMENT, MAINTENANCE, OPERATION AND IMPROVEMENT OF MULROY /PARK, PIERCE FIELD BETWEEN CITY OF BUFFALO AND THE BUFFALO LEGACY PROJECT, INC. Requests for Proposals were sent January 18, 2012 and I received the following formal sealed proposal for Management, Maintenance, Operation & Improvements of Mulroy Park, Pierce Field which was opened and read on February 1, 2012: Contractor The Buffalo Legacy Project, Inc. 70 Niagara Street Suite 105 Buffalo, NY 14202 hereby certify that the foregoing is a true and correct statement of all proposals received and that as per Department of Public Works, Parks and Streets RFP panel review process; The Buffalo Legacy project, Inc. is the most qualified responsible proposer in accordance with the request for proposal scope of services and specifications. I hereby respectfully request that Your Honorable Body grant permission to the Commissioner of the Department of Public Works, Parks & Streets to negotiate a contract with The Buffalo Legacy Project, Inc. as per proposal and scope of services. Funds for this work are available as part of the 2012 Bond Sale in an account to be named at a later date. Your consideration toward this request is greatly appreciated Mr. Smith moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated March 1, 2012. be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to award and execute a contract with Buffalo Legacy Project, Inc. for Management, Maintenance, and Operation of Mulroy Park, Pierce Field to be funded from the 2012 bond sale in an account to be named at a later date. PASSED AYES -9 NOES -0 NO. 17 APPOINT CHIEF PUMPING PLANT ENGINEER Appointment effective 1/23/2012 in the Department of Public Works, Parks and Streets, Division of Water to the Position of Chief Pumping Plant Engineer, Provisional Appointment at the Maximum Salary of $49,760.00 David Fatig, 234 Winston Rd, Buffalo, NY 14216 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 18 APPOINT HEAD EXTERMINATOR(PROV)(MAX)(MURPHY) Appointment effective 2/27/2012 in the Department of Public Works, Parks and Streets to the Position of Head Exterminator, Provisional at the Maximum Salary of $45,723.00 Michael Murphy, 147 Baitz, Buffalo, NY 14206 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 19 APPOINTMENTS SUPERVISOR OF STREET SANITATION I (PERM)(THIRD STEP)(TAMSEN, GRAMAGLIA) Appointments effective 03/05/2012 in the Department of Public Works, Parks and Streets, Division of Streets to the Position of Supervisor of Street Sanitation I, Permanent Appointment at the Third Step of $39,010.00 Jeffrey Tamsen, 42 Eugene Ave, Buffalo, NY 14216 Philip Gramaglia, 328 Bedford Ave, Buffalo, NY 14216 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT & INSPECTION SERVICES NO. 20 FOOD STORE (NEW) 1482 BROADWAY(FILLMORE) Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 1482 Broadway (Super Saver Foodmart Inc. /Abdnila A.A. Saleh) and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department mad Collection Office I find it complies with all regulations and other applicable laws This request is submitted for your approval or whatever action you deem appropriate. Mr. Smith moved: That the above communication from the Commissioner of Permit and Inspection Services dated March 1: 2012, be received and filed; and That the Common Council hereby authorizes the Commissioner Permit and Inspection Services to license a food store at 1482 Broadway (Super Saver Foodmart Inc. /Abdulla A.A. Saleh). PASSED AYES -9 NOES -0 NO. 21 FOOD STORE (NEW) 471EAST FERRY(MASTEN) Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 471 East Ferry (Alawde Food Market /Nabil M. Alawdi) and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department. Building Inspections, Police Department and Collection Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 22 FOOD STORE (NEW) 489 GRANT (NIAGARA) Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 489 Grant (Sagarmatha Gorceries /Kaji Sunwar) and find that as to form is correct. I have caused an Investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office. Fire Department, Building Inspections, Police Department and Collection Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Mr. Smith moved: That the above communication from the Commissioner of Permit and Inspection Services dated March I, 2012, be received and filed; and That the Common Council hereby authorizes the Commissioner Permit and Inspection Services to license a food store at 489 Grant Street (Sagarmatha Groceries /Kaji Sunwar). PASSED AYES -9 NOES -0 NO. 23 FOOD STORE (NEW) 1096 KENSINGTON(UNIVERSITY— (MASTEN) Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 1096 Kensington (Spicy Town and Deli /Khondoker A. Karim and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collection Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 24 RESTAURANT DANCE LICENSE(RENEWAL) 228 - FRANKLIN Pursuant to Chapter 150 of the City of Buffalo Ordinances, please be advised that I have caused an investigation into the premises located at 228 Franklin for which said renewal application for a Restaurant Dance Class III license is being sought by Kevin Ricciardelli @ Social and according to the attached reports from the Fire Department. Police Department and Building Inspections, I find it complies —4th 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. 25 SECOND HAND DEALER 2303 DELAWARE AVE (DELAWARE) Pursuant to Chapter 254 of the City of Buffalo Ordinances please be advised that I have examined the attached application for a Second Hand Dealer License located at 2303 Delaware Ave and find that as to form is correct. I have caused an investigation into the premises for which said application for a second hand dealer license is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspections. I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of Tommie Tillett. The attached thereto for Tommie Tillett d /b /a /King of Diamonds. This request is submitted for your approval or whatever action you deem appropriate. Mr. Smith moved: That the above communication from the Commissioner of Permit and Inspection Services dated March 1, 2012, be received and filed; and That the Common Council hereby authorizes the Commissioner Permit and Inspection Services to issue a second hand dealer license at 2303 Delaware Avenue, (Tommie Tillett d b /a/ King of Diamonds). PASSED AYES -9 NOES -0 NO. 26 USED CAR DEALER 2677 DELAWARE (DELAWARE) Pursuant to Chapter 254 of the City of Buffalo Ordinances. please be advised that I have' examined the attached application for a Used Car Dealer License located at 2677 Delaware and find that as to form is correct I have caused an investigation into the premises for which said application for a used car dealer license is being sought and according to the attached reports from the Zoning Office. Fire Department and Building Inspections; I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of John Basil. The attached thereto for John Basil /dba Basil Resale Delaware Inc. This request is submitted for your approval or whatever action you deem appropriate. Mr. Smith moved: That the above communication from the Commissioner of Permit and Inspection Services dated March 1, 2012, be received and filed; and That the Common Council hereby authorizes the Commissioner Permit and Inspection Services to issue a used car dealer license at 2677 Delaware Avenue, (John Basil d /b /a /Basil Resale Delaware, Inc.). PASSED AYES -9 NOES -0 NO. 27 USED CAR DEALER 18 TONAWANDA (NORTH) Pursuant to Chapter 254 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Used Car Dealer License located at 18 Tonawanda and find that as to form is correct. I have caused an investigation into the premises for which said application for a used car dealer license is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspections; I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of Peter Pena. The attached thereto for Peter Pena /dba / Porky's Automotive Repair. This request is submitted for your approval or whatever action you deem appropriate. Mr. Smith moved: That the above communication from the Commissioner of Permit and Inspection Services dated March 1, 2012, be received and filed; and That the Common Council hereby authorizes the Commissioner Permit and Inspection Services to issue a used car dealer license at 18 Tonawanda Street, (Peter Pena d /b /a Porky's Automotive Repair). PASSED AYES -9 NOES -0 FROM THE COMMISSIONER OF ADMINISTRATION, FINANCE, POLICY & URBAN AFFAIRS NO. 28 LIST OF DELINQUENT TAX, USER FEES AND SEWER RENT LIENS STATE O]F NEW YORK COUNTY COURT ERIE COUNTY Pursuant to section 1122 of the Real Property Tax Law of the State of New York, Section 15 -41 of the City of Buffalo Code; and ] 180 of the Public Authorities Law of the State of New York, respectively, I, Michael A. Seaman, the Director of the Treasury and Collections; Deputy Commissioner of Administration, Finance and Urban Affairs; Enforcing Officer of the City of Buffalo, do hereby certify and affirm as true under the penalties of perjury that this List of Delinquent Tax; User Fees and Sewer Rent Liens, identifies those parcels which have been subject to delinquent Tax; User Fees and Sewer Rent Liens held and owned by the City of Buffalo and the Buffalo Sewer Authority since the 1 st day of July, 2010, except for those parcels excluded from this List of Delinquent Tax; User Fees and Sewer Rent Liens pursuant to law. The parcels, which are subject to such delinquent Tax; User Fees and Sewer Rent Liens and the amounts dub thereon, are identified on Schedule A of this List of Delinquent Tax; User Fees and Sewer Rent Liens, which is annexed hereto and made a part hereof. Pursuant to section 1122(7) of the Real Property Tax Law, the filing of this List in the office of the County Clerk shall constitute and have the same force and effect as the filing and recording in such office of an individual and separate Notice of Pendency against each parcel set forth on this List. Copy available for review in the City Clerk's Office. REFERRED TO THE COMMITTEE ON FINANCE NO. 29 APPOINT DIRECTOR OF URBAN AFFAIRS(EXEMPT)(FORD) Appointment effective 2/23/2012 in the Department of Administration Finance, Policy and Urban Affairs, Division of Urban Affairs to the position of Director of Urban Affairs, Exempt at the flat salary of $64,088.00 Geraldine Ford, 202 Manhatten Avenue, Buffalo, NY 14215 REFERRED TO THE COMMITTEE ON CIVIL SERVICE CITY CLERK NO. 30 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 2495 Main Street Suite 250 Current Hospitality Group Tap House LLC Amy McCarthy 85 W. Chippewa Tap House Buffalo Tap House, Inc 329 Porker College Center 329 Porter D'Youville College RECEIVED AND FILED NO. 31 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- Ronny Blatehford, Elizabeth McMahon RECEIVED AND FILED. NO. 32 NOTICES OF APPOINTMENTS - COUNCIL INTERNS I transmit herewith appointments to the position of Council Intern. Mr. Fontana moved the approval of the appointments to the position of Council Intern. ADOPTED CERTIFICATE OF APPOINTMENT Appointment effective 2/15/2012 in the Department of Common Council, Division of Masten District to the Position of Intern IX Noncompetitive at the Flat Salary of $12.06/hr Phyllis Harris, 100 Wakefield Avenue, Buffalo, NY 14214 CERTIFICATE OF APPOINTMENT Appointment effective 2/17/2012 in the Department of Common Council, Division of Masten District to the Position of Intern IX Noncompetitive at the Flat Salary of $12.06/hr Jacqueline Rucinski, 115 Dempster St, Buffalo, NY 14206 NO. 33 APPOINTMENTS - TEMPORARY, PROVISIONAL OR PERMANENT I transmit herewith Appointments in the various departments made at the Minimum (Temporary, Provisional or Permanent) (as per contract requirements). REFERRED TO THE COMMITTEE ON CIVIL SERVICE. CERTIFICATE OF APPOINTMENT Appointment effective 2/20/2012 in the Department of Public Works, Parks and Streets to the position of Senior First Class Stationary Engineer, Temporary appointment at the Flat Salary of $15.00 /hr Louis Eze, 117 Ledger St, Buffalo, NY 14216 CERTIFICATE OF APPOINTMENT Appointment effective 2/25/2012 in the Department of Public Works, Parks and Streets to the position of Senior First Class Stationary Engineer, Temporary appointment at the Flat Salary of $15.00 /hr James Wozniak, 27 Lombard St, Buffalo, NY 14206 CERTIFICATE OF APPOINTMENT Appointment effective 2/27/2012 in the Department of Public Works, Parks and Streets to the position of Senior First Class Stationary Engineer, Temporary appointment at the Flat Salary of $15.00 /hr Dewitt Overton, Jr., 585 Lisbon Ave, Buffalo, NY 14215 CERTIFICATE OF APPOINTMENT Appointment effective 2/29/2012 in the Department of Public Works, Parks and Streets to the position of Senior First Class Stationary Engineer, Temporary appointment at the Flat Salary of $15.00 /hr Patrick McFarlane, 38 Eaglewood Ave, Buffalo, 14220 CERTIFICATE OF APPOINTMENT Appointment effective 2/27/2012 in the Department of Public Works, Parks and Streets, Division of Water to the position of Clerk, Temporary appointment at the First Step of $30,507.00 Cecelia Folmer, 180 Jefferson Ave, #705, Buffalo, NY 14204 NON - OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON - OFFICIAL COMMUNICATIONS NO. 34 J. GOLOMBEK-ARTICLE- 7.5 MILLION COMMITMENT ECC AFFIRMED Erie County Executive Mark C. Poloncarz plans to uphold a county commitment to contribute $7 -5 million to help construct a new Erie Community College academic building, but he wants the college to embark on a broader planning process to determine what programs it will house. Deputy County Executive Richard M. Tobe said Tuesday that the county and the college will form a task force to explore the plan to construct a new $30 million building on the college's North Campus in Amherst. The group will look at a number of issues: including how big it would be, what types of classrooms and labs it would house, and how it would affect programs on all three of the college's campuses. "Our administration is committed to these types of activities," Tobe told county legislators Tuesday. "But we want the work to be done in sequence, laid out properly and to produce the best possible result we can get." Tobe also gave the first public assurance since Poloncarz took office that the new county executive would continue to set aside $7.5 million in county funds for the building's construction. "In speaking to County Executive Poloncarz, he said that he would make sure that money is secured," Tobe said. County lawmakers last year agreed to designate $7.5 million for the project, with the expectation that the college and its foundation would raise another $7.5 million. That money would be used to match $15 million in state aid that is in Gov. Andrew M. Cuomo's proposed 2012 -13 budget. But the county's designation for its share of the project cost will expire later this spring, and the college wanted an assurance that county lawmakers will continue to honor that pledge. College President Jack F. Quinn Jr. had held several meetings with college officials in recent weeks to discuss the project. "The county executive and Rich Tobe have made it clear what they want is an up -to- the - minute survey of exactly what would go in the building, where it would free up space in other spaces," Quinn said. "We're in total agreement." Poloncarz, in a Feb. 10 letter to Quinn, asked the college to complete several studies related to the building's construction, including a cost - benefit analysis, a space utilization study and a building use report. Tobe said Tuesday that county officials would like the college to explore whether the building could house advanced programs in manufacturing -- an area that county economic - development officials would like to see expanded to meet the needs of area employers. The deputy county executive said he has heard from manufacturers throughout the county who have asked for greater training to help prepare potential employees for job openings. College officials initially talked about the planned $30 million building as a home for the college's health sciences programs but later said that it could include space for liberal arts, criminal justice and technology programs. Quinn said Tuesday that the college's plans for what programs would be housed in the building are "fluid," as college officials continue to assess ECC's needs. "One of the things we find at the community college level is that our needs seem to always be changing," Quinn said. The proposal to construct a new building on the college's aging North Campus has provoked opposition from those who think the college should focus on consolidating its three campuses Amherst, Orchard Park and City -in downtown Buffalo. College trustees, however, are focused on constructing the new building on the North Campus. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 36 D. PRIDGEN -A. WARNER- COMMON COUNCIL CHAPLAIN I would like to file the attached information for the next Common Council meeting to be held on February 28, 2012. Darius G. Pridgen Ellicott District Council Member Dear Council Member Pridgen; As you know, Deb and I have had a special bond with the Buffalo Common Council for years. My appointment by Common Council President Pitts as Common Council Chaplain (1999 -2000) began this journey. We have led prayer specifically for those of you who serve as the legislative leaders of our city. It is obvious that God is at work. Thank you for inviting me to serve the Common Council. As I mentioned, I would be privileged to serve as Common Council Chaplain for 2012. Since the Council meets the first and third Tuesdays of the month, I would plan to open one of those monthly sessions in prayer. If you wish, I could also act on behalf of the Council to schedule a local priest or pastor to open the alternate monthly session in prayer. I would begin by asking each Council Member if they have a member of the clergy they would like to include in the rotation. I am open to discussion about all of the above so I can serve your colleagues and you in the best possible way. Blessings, Rev. Al Warner REFERRED TO THE COMMITTEE ON LEGISLATION NO. 36 D. SMITH - ARTICLE -THE RIGHT WAY TO REDISTRICT NOW To the fevered consternation of editorial boards and good government groups, Albany is going ahead with redistricting in "the same old way." The Legislative Task Force on Demographic Research and Reapportionment is proceeding with hearings before it redraws electoral districts in the wake of the 2010 Census For his part Gov. Cuomo has promised to veto any redistricting plan that is "not fair " -- and has a bill that would drastically reform the procedure He's not as radical as former Mayor Ed Koch, who has been pushing a completely independent redistricting panel. Sounds like good government -- but in practice it would hijack constitutional government: Like it or not the state Constitution delegates this authority to the Legislature. Lawmakers who made Koch's "New York Uprising" pledge promised to delegate their redistricting prerogative to some nonpartisan. "independent" panel controlled by me governor. State Sen. Mark Grisanti for one, now says that what seemed appropriate during the campaign now conflicts with the reality of duty. Should he get more grief for this than for his similar change of heart on same - sex marriage? Other critics accuse the task force of ignoring a new law requiring that prisoners be counted in their home districts. Not only is the accusation premature (hearings are just beginning), it's a flat -out lie. The new law is intended for purposes of reapportionment only -- it doesn't give inmates a vote. It merely means that the Upstate areas won't get "extra" population for the purposes of redistricting. Republicans are challenging the measure in state court, but they'll likely lose. In the meantime, the task force will implement the law. It's hard to see how there's even time for Koch's scheme: Setting up a new panel would take weeks or months, and New York needs a redistricting plan by year's end. By law the redistricting plans must be approved by the Legislature and the governor. And the US Justice Department's Civil Rights Division must review it for three New York City counties (Bronx, Kings and New York) for compliance with the Voting Rights Act. We need to allow time for all that -- and for other legal challenges. Remember, the primaries will most likely Peat be at least a month earlier next year, to comply with other federal voting- rights laws Cuomo may be bent on reform but he needs to avoid election chaos too. He'd be wise to negotiate an agreement allowing the task force to proceed -- as an interim step. Then lawmakers can take care in establishing a nonpartisan ethnically and geographically diverse redistricting commission, which can redraw legislative districts in 2015 and thereafter -- Subject to approval by the Legislature (as New York's Constitution requires). Cuomo should also insist that the Legislature's task force meet the aims of his redistricting bill so that the resulting districts: I "S Contain populations that vary no more than 5 percent. • Are reasonably compact and contiguous. • Unite communities of interest. • Apportion prison inmates in their home communities. • And are free of overt partisan advantage. While no political process can be truly independent or nonpartisan, New Yorkers deserve a redistricting process that is less partisan and more inclusive of diverse communities -- and complies with the state Constitution. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 37 D. SMITH -T. KNIAZUK -COB CULTURAL FUNDING IMPACT Majority Leader Smith: In response to your request, I asked every cultural organization that received funding from the Buffalo Common Council this past year to submit a brief statement as to the impact that money had on their organization. For some the dollars made a direct and real difference, and for others the symbolism of city support enabled them to leverage additional resources. The restoration of cultural funding by your Honorable Body and the Mayor is most appreciated and is an important piece of investment in the cultural sector. We respectfully request that this funding be renewed in the 2012 -13 budget. As you'll read below, it is a wise investment for the city's quality of life, economy, and tourism sectors. Here, now, in the organizations' own words: African American Cultural Center: The money was utilized for our theatre production, (advertisement, mailings, printing), electric, telephone and gas bills. It helped the agency pick up additional expenses that had been incurred while waiting for our NYSCA check. When we lose city & county funding it has such a huge impact on this organizations operational budget. Funding from the City of Buffalo allows our administration and staff to ensure that the African American children learn about their heritage and grow into excellent adulthood -and where individuals of all ages and cultures can experience through cultural arts the marvel of the African in America experience. Without such funding all is lost (quality & quantity). Funding for Alleyway Theatre helps to pay local artists who create world premiere productions of new theatre works in Buffalo, NY; continuing a three decade old mission of developing and presenting new live theatre to Western New York The Botanical Gardens Society used the Buffalo Common Council funding ($1936) to support general operating expenses, purchase supplies for our educational programs and provide many Buffalo Public School children ( 3 graders) with an opportunity to visit the Gardens. The visits include a tour of our facility and 3 separate hands on opportunities to develop an understanding of the unique relationship between plants and human life on our planet -- without plants life will cease to exist. Our programs are completely aligned with NYS education standards. Without funds from the City of Buffalo, Buffalo Arts Studio wouldn't have been able to mount 2 of 10 exhibitions this year. We sincerely appreciate the City's assistance in helping to bring emerging artists to the Western New York Community. The Buffalo Philharmonic Chorus is most appreciative of the grant from the City of Buffalo Common Council. It will allow us to complete our purchase of portable stage risers. Owning a set of risers greatly increases our ability to perform in venues throughout the city, aiding our continuing community outreach efforts. It is reassuring having the City of Buffalo once more committed to promoting the Arts. The BP Chorus looks forward to another 75 years of presenting excellent choral performances in this city. Community Music School will use its city funding toward a series of neighborhood concerts encompassing diverse musical styles including jazz and fiddling. Dates and locations are not yet finalized, but the concerts will take place during the summer and will feature both faculty and students of CMS. El Museo: As a small organization with a relatively small budget given our service to the community for 32 years, the ;750.00 received from the Council and the same amount to be received from the Mayor (still not received) makes a big difference. With this money were able to provide printed invitations for 4 exhibits. Listing the City as a contributor ensures that we are positively regarded by our local community. With funding both private and pubic more difficult to acquire, all money received makes a huge difference. Its very important to us that the City continues its support and hopefully can make larger contributions in the future. We were receiving $12000 from the City before it was withdrawn. In the span of a single week, beginning next Sunday [3/4/12], Hallwalls Contemporary Arts Center will feature three artists who have worked in its residency programs during the past year .... On March 9, Hallwalls presents a concert from the California -based composer and trumpeter Wadada Leo Smith and his Golden Quartet, who will conduct workshops with students from [Hallwalls' educational partner] the Buffalo Academy for the Visual & Performing Arts as part of its Hallwalls Artists in Residence Project[HARP] [and as part of the school's annual 'Tolerance Day' on Tuesday, March 7] .... Buffalo has a rich tradition of nurturing artists in their formative stages and spurring them on to greater things. One result of that is now on glorious display in the Museum of Modern Art in New York City, where a grand retrospective of work by former Buffalo State College student and early Hallwalls artist Cindy Sherman is set to open Tuesday. There are dozens of other examples, too, [including] work shot in Buffalo by Hallwalls artist -in- residence Kevin Jerome Everson that made its way to an exhibition in the Whitney Museum [of American Art] in New York City" (Colin Dabkowski, Buffalo News, Sunday, 2/26/12). Meanwhile, back on December 10 of last year Hallwalls, in collaboration with the Colored Musicians Club, presented a standing- room -only concert by octogenarian jazz pianist Boyd Lee Dunlop that garnered national press: for Dunlop, for Buffalo's jazz scene, and for Hallwalls itself, including page Al of the New York Times of Friday, 12/9/11. Hallwalls also partners with UB art and science departments and the Buffalo Museum of Science on a popular series called Science & Art Cabaret. Collaborations, educational programs, world -class artists' residencies, and frequent presentations of live jazz such as these are just some of the programs Hallwalls provides in the City of Buffalo every year. The Irish Classical Theatre Company's Board of Trustees and staff recently drafted a strategic plan, outlining the future artistic and managerial goals for the company over the next three -year period. Funding from the City of Buffalo Common Council will help ICTC to implement the initiatives outlined in our strategic plan to include expanding ICTC's audience development initiatives, growing our educational and outreach programs, and further developing our artistic product in an effort to increase our earned revenue and better serve the Buffalo community. For more than 35 years, Just Buffalo has brought the world's greatest writers to Buffalo, hosted poetry events and readings, and supported the development of young writers. The funding that Just Buffalo Literary Center received from the City of Buffalo Common Council was critically important in helping us secure more than $50,000 in state funds to provide these literary and youth education programs in the city of Buffalo. During a time of tremendous funding uncertainty, the Common Council's leadership kept us from having to cut a key staff position, and ensured that programs which were in mid - season could be continued. The Kavinoky Theatre at D'Youville College will use the cultural funds from the City of Buffalo to underwrite actors' salaries for a production of "Blithe Spirit" by Noel Coward to be produced from April 27, 2012 to May 20, 2012. All actors involved in the production are residents of Erie County and many of them reside in the City of Buffalo. Locust Street Neighborhood Art Classes used City of Buffalo Common Council funding for ongoing operating expenses for free, Visual Art studio classes for children, teens, and adults. These expenses include: payroll for teachers, utilities, insurance, and supplies needed to support the ongoing program. Support of basic operating expenses helps us to maintain the quality and continuity of Locust Street Art's studio classes, directly impacting quality of life for citizens of Buffalo, particularly individuals who might not otherwise be able to afford to develop interest and skills in the Visual Arts. On behalf of the board, volunteers, and thousands of program users at Music is Art we would like to thank the City of Buffalo and the Common Council for funding the arts in Buffalo. The support represents the values of our community and acknowledges the important part art and cultural organizations play in Buffalo's past, present and future. The amount funded to Music is Art helped to bring world class musicians from New Orleans to Buffalo, to add to the vibrant music and cultural scene. The sold out performance included musicians from a broad range of musical genres from Cyril Neville to Big Chief Monk Boudreaux to roots musician Tab Benoit and Cajun fiddler Waylon Thibodeaux. Music is Art is based on the basic belief that everyone should have the opportunity to find their musical voice. We are dedicated to connecting music and the community, to ensure all types of music are recognized as an important part of our culture. Neglia Ballet Artists used the 2011 funds granted to us by the City of Buffalo to partially fund the salary of our Technical Director for The Nutcracker. This was our third year of collaboration with the BPO and Shea's to present The Nutcracker. Without the funds to hire a Technical Director to manage the production the show would not have been presented to the Buffalo- Niagara community. The success of this third year of collaboration has led to a contracted commitment for another three year collaboration between the three organizations. Ultimately this has placed Neglia Ballet Artists on Buffalo's cultural map as a highly visible, growing cultural institution. New Phoenix Theatre: The surprise of the funds from the city was an unexpected gift. It came in the year that we paid off our mortgage, making us the ONLY theatre in the city to own their own home outright. A lucky year. The funds enabled us to salary a part -time administrator, bringing greater awareness to our company. We had never done this before. We think it has already made a difference in our visibility. It is our wish, that if we are lucky enough to obtain additional funds from the city in the future, we can, once again, salary her, and be able to help ourselves even further. It has been many a year since we have received support from the city, and it was a most welcome surprise. We remain thankful. Pierce Arrow Transportation Museum: The funding allowed us to be open an extra day a week. This allowed more visitors to learn about our Transportation History. Road Less Traveled Productions is receiving so little that it will not be having much impact on my org at this time - except that I think it's important that the City continue to be a funding partner in our community. Shakespeare in Delaware Park: The City of Buffalo Common Council grant was used to help fund core operating expenses, such as our lean year -round staff & office expenses, which are necessary investments to ensure that our summer productions are well planned and budgeted to optimum levels to produce the consistent, high quality FREE performances that this community deserves and expects from Shakespeare In Delaware Park (SDP). We want you to know that support from the City of Buffalo and other government agencies is critical to our goal of achieving a healthy, diversified funding mix including corporate, individual and private foundations, as well as earned income, to ensure financial security and good stewardship of SDP so that it remains a vital contributor to this community and region for generations to come. Funding from the City of Buffalo allowed Theatre of Youth to pay ongoing operating expenses and sustain a full -time marketing director position. Ujima Company, Inc. received $2,750 from City of Buffalo Cultural funding last year. While this was not a huge funding allocation and in no way made up for the funding shortfall experienced from the loss of Erie County cultural funding, it came at a critical time allowing us to use these funds as a bridge to pay for general operations (rent & utilities) while we waited for another grant contract. This allowed for no disruptions or cancellations to our production season. For a small organization like Ujima, this $2,750 and generous individual donations saved us from closing our doors for good. We are eternally grateful to Demone Smith and the City of Buffalo Common Council for their support. Young Audiences WNY is the lead arts -in- education organization in the region. Our mission is simple: to make the visual, performing, and literary arts a part of young people's lives in order to enhance their development as creative and productive human beings. This past year, we sewed 5,310 children and their families in the City of Buffalo. The funding from the City of Buffalo (S300) assists Young Audiences to fulfill its mission because it supports the necessary work to implement our annual benefit, which had an increased net profit of over $20,000 last year. Continued or dedicated funding from Buffalo would directly increase our ability grow our capacity to assist youth. (Please note that any organization not listed here that received funding did not submit their statements, even after multiple requests via email and phone.) Should you have any questions or need further information, please contact me at 716 - 846 -8345 or asiwnydirector(cr_„gmail.com. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 38 D. SMITH -UB- INTERDISCIPLINARY SCIENCE AND ENGINEERING PARTNERSHIP Young minds soar when research scientists and community partners unite to bolster science education. Teachers gain new skills and knowledge to share in the classroom. Students benefit from hands -on learning and exposure to interdisciplinary research and problem - solving. Copy available for review in the City Clerk's office REFERRED TO THE SPECIAL COMMITTEE ON EDUCATION NO. 39 D. SMITH -USPS- MOVING MAIL OPERATIONS FROM BUFFALO TO ROCHESTER Dear Councilman Smith: This is to inform you of the Postal Service's decision to move all mail processing operations from the Buffalo Processing and Distribution Center to the Rochester Processing and Distribution Center (P &DC). Once the transfer is completed, the mail processing operation of the Buffalo P &DC will cease. There will be no change to the retail unit and Vehicle Maintenance Facility located at 1200 William Street or the Business Mail Entry Unit at 55 Msgr. Valente Drive at this time. I want to assure you that the community's input was valued and carefully considered before making this decision. Ultimately, based on all of the factors involved, it was determined to proceed with the consolidation. The Postal Service has experienced a 25 percent decline in First -Class Mail volume since 2006, and receives no tax dollars for its operations, relying instead on the sale of postage, postal products and services. The decision to consolidate mail processing facilities recognizes the urgent need to reduce the size of the national mail processing network to eliminate costly underutilized infrastructure. Specific dates have not been set for the transition. Until a specific date has been announce¢ residential and business mailers will continue to be served through the current facilities. In December, the Postal Service agreed to impose a moratorium on closing or consolidating post offices and mail processing facilities prior to May 15. 2012, to give Congress and the Administration the opportunity to enact an alternative plan. In the meantime, the Postal Service continued all necessary steps required for the review of these facilities, including public notifications, public input meetings and consideration of public comments. Implementation of this consolidation is contingent upon the outcome of pending rulemaking for a proposal to revise existing service standards. This announcement is provided in advance so that appropriate planning and notification can be made in accordance with existing employee agreements. Specific information about individual studies is posted on uses com /areamailprocessing. If you have questions, or need additional information, please let me know. Sincerely, Kathleen M. Burns District Manager REFERRED TO THE COMMITTEE ON LEGISLATION NO. 40 D. SMITH - CREATION OF CITIZENS' EDUCATION OVERSIGHT SUB - COMMITTEE Title: Citizens' Education Oversight Sub - Committee 1. Establishment. 2. Appointment: terms: vacancies: removal. 3. Eligibility. 4. Officers: committees and subcommittees. 5. Powers and duties. 6. Compensation. Title: Citizens' Education Oversight Sub - Committee 1. Establishment. There is hereby created in the Education Committee of the Common Council of the City of Buffalo a Sub - Committee to be designated as the "Citizens' Education Oversight Sub - Committee" which shall open to the participation of any resident of the City of Buffalo. 2. Appointment: terms: vacancies: removal. A. The members of an initial group of Facilitators, numbering ten to fifteen members, shall be done by the President of the Common Council for the purpose of providing guidance for as long as the Sub - Committee shall exist. When the Facilitators convene its first meeting of the Sub - Committee, Facilitators shall create a Citizen's Assembly and accept for membership to its Citizen's Assembly any resident of the City of Buffalo. B. Vacancies in the membership of the Facilitators shall be filled by the petition of any member of the Citizen's Assembly requesting such an appointment, ff more than one person requests appointment preference shall be given to the person whose birth date is earliest. C. Membership in the Citizen's Assembly shall not be numbered and shall only require residency in the City of Buffalo. D. The Citizens' Education Oversight Sub - Committee shall create task force groups of no less than three Citizen's Assembly members to carry out the work of the Sub Committee. E. Any member of said Sub - Committee or the Citizen's Assembly may be removed by the President of the Common Council for reasons stated in writing after an opportunity to be heard. 3. Eligibility. Members to be appointed to the Citizens Education Oversight Sub - Committee shall be representative of the community as a whole. Only residents of the City of Buffalo shall be eligible for appointment. 4. Officers. There are no Officers of the Citizens' Education Oversight Sub - Committee. 5. Powers and duties. The Citizens' Education Oversight Sub - Committee shall have the power and it shall be its duty to: A. Gather such information as needed to review, analyze, and evaluate the City of Buffalo's education needs, relevant data, current policies and practices, structure, and funding mechanisms of the Buffalo Public Schools. The first area to be analyzed, reviewed and evaluated shall be schools designated to be Persistently Low Achieving by New York State. Recommend to the Common Council and the Mayor of the City of Buffalo the most efficient and effective ways for the Buffalo Public Schools to meet their goal of providing children and adults with the education attainment necessary for their personal success. 6. Compensation. The members of the Citizens' Education Oversight Sub - Committee shall serve without compensation, 7. Meetings: attendance report: quorum, The Sub - Committee shall hold stated meetings at least once each month and more often as the Sub - Committee may determine. Other meetings shall be at the call of the Chairman of the Education Committee. No quorum will be required for the transaction of business. An attendance report for each meeting shall be submitted to the Common Council. The powers of the Sub Committee shall be vested in and exercised by a majority of the members of the Sub - Committee then in office. REFERRED TO THE SPECIAL COMMUTTEE ON EDUCATION PETITIONS NO. 41 N. ABRAHAM, AGENT, USE 1292 HERTEL AVE TO EXPAND A RESTAURANT (HRG 3 /13)(DEL) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 42 A. EOANNOU, OWNER, USE 1416 HERTEL CONVERT AN EXISTING STORE TO TAKE -OUT REST. (HRG 3 /13)(DEL) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 43 R. LUCCHINO, OWNER, USE 937 ELMWOOD TO ERECT ILLUM. POLE SIGN IN CITY ROW (NO HRG)(DEL) REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND ZONING BOARD OF APPEALS NO. 44 J. SWEZY, OWNER, USE 1131 DELAWARE AVE FOR A SIGN (HRG 3 /13)(ELL) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 46 R. PRICE & O -REQ. IMPROVE. TO HUDSON STREET BEHIND ELMWOOD VILLAGE CHARTER SCHOOL Dear Ms. Baj- Thant: I am a resident of Hudson Street in the Allentown neighborhood, and I attended a Planning Board meeting this week regarding the plans submitted by the Elmwood Village Charter School for re -use of the former School #36 at 40 Days Park. The Charter school has purchased the school property, the adjoining playground, and two city parking lots, and they have submitted plans for a much improved street scape that includes new fencing, paving and plantings. The entrances to the playground and one of the parking lots face Hudson Street, and the Hudson Street side of the property is included in the improved street scape. The community is delighted to have the Charter school as a neighbor. Elmwood Village Charter School, however, does not have ownership of the buffer between the sidewalk and street, and this area is badly in need of restoration on the Hudson Street side of the property. My understanding is that the city is responsible for improvements to this area. For some reason, and apparently a very tong time ago, this buffer was paved over with asphalt instead of being planted with grass and trees in accordance with the rest of the buffer along both sides of Hudson Street. In addition to its being in bad condition and unsightly, it is completely out of keeping with the character of our historic neighborhood. I am writing to you to ask your advice on how to best bring this situation to the attention of the city. The neighborhood would benefit from having the city improve this buffer with groundcover and trees while the refashioning of the school property is underway. Photos are included for your review. I would be glad to provide further information should you need it. Please contact me at your convenience. I work from home and would be happy walk around the portion of the street I am referencing. Attached is a signature page showing the support of the community for these improvements to Hudson Street. Pictures are available for review in the City Clerk's office. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT AND THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS REGULAR COMMITTEES CIVIL SERVICE (BONNIE E. RUSSELL, CHAIRPERSON) NO. 46 NOTICES OF APPOINTMENTS - TEMP /PROV /PERM CCP #50, 2/21 Mrs. Russell moved That the above item be the same and hereby is Received and Filed ADOPTED FINANCE (MICHAEL J. LOCURTO CHAIRMAN) NO.47 REFUNDING BOND RESOLUTION- 1998, 2001, 2002 OUTSTANDING BONDS (ITEM NO. 47, C.C.P., MAR. 6„ 2012) Mr. LoCurto moved: That the Comptroller is hereby authorized to issue $21,400,000 Refunding Bonds of the City, or so much as may be necessary to finance the refunding of various 1998, 2001 and 2002 bonds of the City. PASSED AYES -9 NOES -0 COMMUNITY DEVELOPMENT (JOSEPH GOLOMBEK, JR., CHAIRMAN) NO.48 NYSDOT- DESIGNATION OF RESTRICTED HIGHWAY -ROUTE 198 ( #53, 2/21) Mr. Golombek moved: That the above item be the same and hereby is Received and Filed ADOPTED NO.49 NYSDOT- LANDSCAPING AND RETAINING WALL IMPROVEMENTS ON ROUTE 33 ( #54, 2/21) Mr. Golombek moved: That the above item be the same and hereby is Received and Filed ADOPTED NO. 50 CITY OF BUFFALO STRATEGIC DEVELOPMENT TASK FORCE (ITEM NO. 141 C.C.P., FEB. 21, 2012) That the item above item be and is returned to the Common Council with a recommendation for adoption Mr. Golombek moved: That the Common Council reach out to its respective State representatives, asking them to investigate the feasibility of adopting a state -wide green building and site standards. ADOPTED NO. 51 D. PRIDGEN- INQUIRY 413 SHERMAN STREET ( #55,1/24) Mr. Golombek moved: That the above item be the same and hereby is Received and Filed ADOPTED NO. 52 BUFFALO POND HOCKEY COMMITTEE PROPOSALS ICE RINK AT HOVT LAKE(DEL) ( #33, 12/13) Mr. Golombek moved: That the above item be the same and hereby is Received and Filed ADOPTED NO. 53 D. FRANCZYK -C. ROBERTS- CONCERNS ALTERNATE PARKING ON W. TUPPER STREET (#34,11/29) Mr. Golombek moved: That the above item be the same and hereby is Received and Filed ADOPTED NO. 54 M. LOCURTO- BRINGING POND HOCKEY TO HOYT LAKE (#49, 10/4) Mr. Golombek moved: That the above item be the same and hereby is Received and Filed ADOPTED NO. 66 I. PAYNE- REQUEST PERMISSION TO PURCHASE 982 & 974 FILLMORE AVE(FILL) ( #52, 7/26) Mr. Golombek moved: That the above item be the same and hereby is Received and Filed ADOPTED LEGISLATION (DARIUS G. PRIDGEN, CHAIRMAN) NO. 56 S. NUGENT, OWNER, USE 204 ALLEN TO ERECT AN AWNING PERPENDICULAR TO FRONT OF SIT -IN RESTAURANT (ITEM NO. 65 C.C.P., 02/21/2012) That the above item be, and the same hereby is returned to the Common Council with a recommendation for approval. Mr. Pridgen moved: That the Commissioner of Permits and Inspections Services is hereby authorized pursuant to Chapter 413 of the City Code to issue permit to erect a awning perpendicular to the front of a sit -in restaurant at 204 Allen Street. PASSED AYES -9 NOES -0 NO. 57 S. KUPIEE, AGENT USE OF 1893 ELMWOOD TO ERECT AN ILLUM. PYLON SIGN AT AN EXISTING PLAZA (ITEM NO.62 C.C.P, FEB 21, 2012) That the above item be, and the same hereby is returned to the Common Council with a recommendation for approval. Mr. Pridgen moved: That the Commissioner of Permits and Inspections Services is hereby authorized to issue permit to erect an illuminated pylon sign at 1893 Elmwood Avenue. PASSED AYES -9 NOES -0 NO. 58 USE 238 ELMWOOD AVENUE FOR FREESTANDING SIGN (ITEM NO. 66, FEB 21, 2012) That the above item be, and the same hereby is returned to the Common Council with a recommendation for approval. Mr. Pridgen moved: That the Commissioner of Permits and Inspections Services is hereby authorized to issue permit to erect a freestanding sign at 238 Elmwood Avenue. PASSED AYES -9 NOES -0 NO. 59 USE 900 HERTEL AVENUE FOR FREESTANDING SIGN (ITEM NO..67, C.C.P., FEB 21, 2012) That the above item be, and the same hereby is returned to the Common Council with a recommendation for approval. Mr. Pridgen moved: That the Commissioner of Permits and Inspections Services is hereby authorized to issue permit to erect a freestanding sign at 900 Hertel Avenue.. PASSED AYES -9 NOES -0 NO. 60 USE 330 DELAWARE AVENUE FOR FREESTANDING SIGN (ITEM NO. 68, C.C.P., FEB 21, 2012) That the above item be, and the same hereby is returned to the Common Council with a recommendation for approval, Mr. Pridgen moved: That the Commissioner of Permits and Inspections Services is hereby authorized to issue permit to erect a freestanding sign at 330 Delaware Avenue. PASSED AYES -9 NOES -0 NO. 61 REQUEST TO NAME NEW STREET IN BUFFALO LAKESIDE COMMERCE PARK (ITEM NO.13, C.C.P., FEB 21, 2012) That the above item be, and the same hereby is returned to the Common Council without recommendation Mr. Pridgen moved: That Laborers' Way be adopted as the name of the new street in the Buffalo Lakeside Commerce Park; and That certified copies of this resolution be sent to the United States Postal Service. Public Hearing Request to Name New Street in Buffalo Lakeside Commerce Park "Laborers Way" Motion to open public hearing by Councilmember Smith Seconded By Mr. Golombek Speakers- Councilmember Kearns, Michael Hoffert Motion to close Public hearing by Councilmember Smith Seconded by Mr. Franczyk PASSED AYES -9 NOES -0 NO. 62 REPORT OF SALE - 1720 MAIN STREET (ELL) (ITEM NO. 8 C.C.P.FEB 21, 2012) That the above item be, and the same hereby is returned to the Common Council with a recommendation for approval: Mr. Pridgen moved: That the offer from Mr. Gregory Gray, 1718 Main Street, in the amount of Four Hundred Dollars ($400.00) for the purchase of 1720 Main Street, be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES -9 NOES -0 NO. 63 REPORT OF SALE - 218 WALNUT STREET (ELL) (ITEM NO. 11, C.C.P., FEB 21, 2012) That the above item be, and the same hereby is returned to the Common Council with a recommendation for approval: Mr. Pridgen moved: That the offer from Mr. Andre Gary, 224 Walnut Street, in the amount of Two Thousand One Hundred Dollars ($2,100) for the purchase —f218 Walnut Street, be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES -9 NOES -0 NO. 64 TW TELECOM OF NY, LLC., GRANT OF FRANCHISE (ITEM NO. 27. C.C.P., FEB 21 2012) That the above item be, and the same hereby is returned to the Common Council without recommendation: Mr. Pridgen moved: That the Mayor is hereby authorized a grant a franchise tw telecom of ny, Ilc, for operation of a telephone communication system within the City of Buffalo. PASSED AYES -9 NOES -0 NO. 65 FOOD STORE LICENSE (NEW) - 1175 HERTEL AVE. AKA 1177 HERTEL AVE. (DEL) (ITEM NO.32), C.C.P., FEB 21, 2012) That the above item be, and the same hereby is returned to the Common Council with a recommendation for approval Mr. Pridgen moved: That the Commissioner of Permits and Inspections is hereby authorized to issue a Food Store License at 1175 Hertel Avenue, (also known as 1177 Hertel Ave.), to Newroz Market & Grill /A &H Main Florence Deli Majid Ali. PASSED AYES -9 NOES -0 NO. 66 FOOD STORE LICENSE (NEW) - 407 PLYMOUTH AVE. (NIA) (ITEM NO. 34 C.C.P., FGB —, 20121 That the above item be, and the same hereby is returned to the Common Council without recommendation Mr. Pridgen moved: That the Commissioner of Permits and Inspections is hereby authorized to issue a Food Store License at 407 Plymouth Avenue to FM Deli & Grocery / Tareq Fouad Mohamed Saleh. PASSED AYES -9 NOES -0 NO. 67 RESTAURANT DANCE LICENSE (RENEWAL) - 445 DELAWARE AVE. (FILL) (ITEM NO. 51, C.C.P., — —4 2012) That the above item be, and the same hereby is returned to the Common Council with a recommendation for approval: Mr. Pridgen moved: That the Commissioner of Permits and Inspections is hereby authorized to issue a Restaurant Dance License Class III at 445 Delaware Avenue to Salvatore Buseaglia /Snooty Fox Lounge. PASSED AYES -9 NOES -0 NO. 68 RESTAURANT DANCE LICENSE (RENEWAL) - 596 GENESEE ST. (ELL) (ITEM NO. 30 C.C.P., FEB 21, 2012) That the above item be, and the same hereby is returned to the Common Council with a recommendation for approval: Mr. Pridgen moved: That the Commissioner of Permits and Inspections is hereby authorized to issue a Restaurant Dance License Class III at 596 Genesee Street to Justin Larke / The Old Arthur's Pub. PASSED AYES -9 NOES -0 NO. 69 NOTICE OF INTENTION -NAME NEW STREET IN BUFFALO LAKESIDE COMMERCE PARK - "LABORERS WAY" (ITEM NO. ,43, C.C.P., FEB 21, 2012) That the above item be, and the same hereby is returned to the Common Council without recommendation: Mr. Pridgen moved: That the communication be received and filed. ADOPTED NO. 70 D. PRIDGEN- ABANDONED PROPERTIES ( #56.2/211 Rev. Pridgen moved: That the above item be the same and hereby is Received and Filed ADOPTED NO. 71 L. RUBIN- MICHIGAN ST. AFRICAN AMERICAN HERITAGE CORRIDOR COMMISSION. INC. ( #59, 2/21 ) Rev. Pridgen moved: That the above item be the same and hereby is Received and Filed ADOPTED NO. 72 USE 377 ELMWOOD AVE. FOR A GROUND SIGN (ITEM NO. 113, C.C.P., FEB 21, 2012) That the above item be, and the same hereby is returned to the Common Council with a recommendation for approval. Mr. Pridgen moved: That the Commissioner of Permits and Inspections Services is hereby authorized to issue a permit to erect a ground sign at 377 Elmwood Avenue, pending Zoning Board of Appeals approval. PASSED AYES -9 NOES -0 NO. 73 USE 326 ELMWOOD AVE. FOR A GROUND SIGN (ITEM NO. 114, C.C.P.,FEB 21, 2012) That the above item be, and the same hereby is returned to the Common Council with a recommendation for approval. Mr. Pridgen moved: That the Commissioner of Permits and Inspections Services is hereby authorized to issue a permit to erect a ground sign at 326 Elmwood Avenue, pending Zoning Board of Appeals approval. PASSED AYES -9 NOES -0 NO. 74 USED CAR DEALER 2650 BAILEY AVE CCP# 117, FEB 21, 2012 That the above item be, and the same hereby is returned to the Common Council with a recommendation for approval Mr. Pridgen moved: Thatt eCcimdssxuofPerrnsand IrqmCfionsshff4ailhoreedtossueaUsed Car Dealer license at 2650 Bailey Avenue, subject to the following conditions: 1 Nomaethaniecaisshalbepermbd 2. No outdoor music. PASSED AYES -9 NOES -0 NO. 75 P. TSOUFLIDIS, OWNER, USE 708 EIMWOOD TO EXTEND INTO THE EXTEND INTO THE SECOND FLOOR OF AN EXISTING RESTAURANT (HRGI /17)(DEL)(#45, 1/10)(#123,2/21) That the above item be, and the same hereby is returned to the Common Council with out recommendation. Mr. Pridgen moved: That the above item be the same and herby is Laid on the Table. ADOPTED NO. 76 TRANSMITTAL FROM CITY CLERK - RESPONSE VIDEO COPY OF COUNCIL MEETINGS ( #23, 2/7) Rev. Pridgen moved: That the above item be the same and hereby is Received and Filed ADOPTED NO. 77 ORDINANCE AMEND CH 611ARTICLEXVI- ZONING SPECIAL DISTRICTS ( #72, 1/10) Rev. Pridgen moved: That the above item be the same and hereby is Received and Filed ADOPTED NO. 78 M. LOCURTO & O- CHANGING PRKG REGULATIONS BIRD AVE BETWEEN SOLDIERS PLACE & ELMWOOD AVENUE (#69,10/41 Rev. Pridgen moved: That the above item be the same and hereby is Received and Filed ADOPTED NO. 79 USE 212 PEARL STREET -PLACE OUTDOOR CAFE AT CITY OWNED PROPERTY (ELL) (ITEM NO. 63, C.C.P., JAN. 24, 2012) That the above item be, and the same hereby is returned to the Common Council with a recommendation for approval: Mr. Pridgen moved: That the Commissioner of Permits and Inspections is hereby authorized to issue a permit to operate an outdoor cafe on city -owned property at 212 Pearl Street subject to the following conditions: Tables must be constantly cleaned and cleared of debris by employees of the establishment in order to avoid litter; Chairs must be removed from patio after closing hours to avoid trespassers, or be affixed, or positioned in such a way that would prevent their use; No outside music; Outside trash receptacles must be covered; If patio is not clearly visible by staff from inside establishment, a visual monitoring device must be used to monitor patio activities. PASSED AYES -9 NOES -0 NO. 80 FOOD STORE LICENSE (NEW) - 279 VIRGINIA ST. (FILL) (ITEM NO. 63, C.C.P., JAN 24, 2012) That the above item be, and the same hereby is returned to the Common Council with a recommendation for approval Mr. Pridgen moved: That the Commissioner of Permits and Inspections is hereby authorized to issue a Food Store License at 279 Virginia Street subject to the following conditions: Store hours to be from 8:00 a.m. to 10:00 p.m. daily; No selling of loose items (cigarettes, cigars, diapers, etc.); At least two working security cameras to be on site, one inside the store and one outside the building; No painted signs on the building or in windows; No liquor or beer to be sold; No outdoor signage advertising tobacco or gambling, including lottery; Violation of city ordinances or of the above conditions will result in revocation of the food store license. PASSED AYES -9 NOES -0 NO. 81 PROPOSED ENTERTAINMENT AREA FOR ADULTS 21 AND UP ( #96, 5/17) Rev. Pridgen moved: That the above item be the same and hereby is Received and Flied ADOPTED NO. 82 EST. SPECIAL COMM OF THE COMMON COUNCIL TO ADDRESS LOCAL PUBLIC SAFETY ISSUES (RES. 163,4/6) That the above item be, and the same hereby is returned to the Common Council with a motion to Refer to the Council President. Mr. Pridgen moved: That the above item be the same and herby is Received and Filed. ADOPTED RESOLUTIONS NO. 83 BY: COUNCIL PRESIDENT RICHARD A. FONTANA APPOINTMENTSSPECIAL COMMITTEE PUBLIC. SAFETY I hereby appoint the following members to the above stated committee; Councilmember David Rivera, Chairman Councilmember Darius Pridgen Councilmember Demone Smith Councilmember David Franczyk Councilmember Joseph Golombek Jr. Richard A. Fontana Council President Lovejoy District Councilmember RECEIVED AND FILED NO. 84 BY RICHARD FONTANA & ALL COUNCILMEMBERS CALL FOR USPS TO CONTINUE ONE -DAY DELIVERY OF FIRST CLASS MAIL WHEREAS, Facing bankruptcy, the United States Postal Service (USPS) is proceeding with its announced plans of reductions which will slow the delivery of first - class mail; and WHEREAS, Currently, first -class mail is supposed to be delivered to homes and businesses within the continental U.S. in one day to three days with approximately 42 percent of first -class mail being delivered the following day of being mailed; and WHEREAS, As part of the plan of reductions, the USPS will eliminate 223 of the nation's 461 mail processing centers, including the facility located in Buffalo, New York. Services in the Buffalo area will be merged with the processing and distribution center in Rochester, New York. Because this consolidation will lengthen the distance mail travels from post office to processing Center, the USPS will be forced to lower its delivery standard. This would mean that mailers could no longer expect next -day delivery in the City of Buffalo, a change in first -class delivery standards that have been in place since 1971. NOW, THEREFORE, BE IT RESOLVED That the Common Council of the city of Buffalo, New York calls for the United States Postal Service to continue to provide one -day delivery of first -class mail in the City of Buffalo, the State of New York and the continental United States; and BE IT FURTHER RESOLVED, That the City Clerk forward a certified copy of this resolution to the Senator Charles E. Schumer, Senator Kirsten E. Gillibrand, Representative Brian M. Higgins, Representative Kathy Hochul, Representative Louise M. Slaughter, Speaker of the House John Boehner, Postmaster General Patrick R. Donahoe and Karen L. Mazurkiewicz of the Buffalo Postal Service. ADOPT NO. 85 SPONSOR: MR. GOLOMBEK DANGERS OF HYDRAULIC FRACTURING AND WASTE DISPOSAL IN NEW YORK STATE Whereas: A recent advance in techniques for extraction of natural gas from shale rock beds called hydraulic fracturing, or "tracking" has caused environmental and safety concerns across the country; and Whereas: Widely reported negative effects of (racking include release of methane gas and dangerous chemicals and carcinogens into wells and other public water supplies. Vast amounts of fresh water are required. The chemicals used in (racking are considered proprietary, and are therefore secret. The waste water created in (racking poses a major disposal problem; and Whereas: The NY DEC's S.G.E.I.S. fails to protect from environmental and health risks. There is no analysis of the public health impacts, drinking water supplies are inadequately protected and susceptible to contamination, there is no solutions to waste disposal issues, the waste is not classified as hazardous, the usage of toxic chemicals has not been limited or prohibited, and so on; and Whereas: The DEC's S.G.E.I.S. protects the watersheds of N.Y.C. and Syracuse and no other watersheds, including Buffalo's. The rest of the state's watersheds cannot rely on outdated water filtration systems that can't remove the chemicals used in drilling. A Sept. 15, 2011 letter to Cuomo from 59 scientists stated, "We urge the state to reconsider its position that existing water filtration systems provide adequate protection against the risk of hydraulic fracturing." Whereas: Neighboring Niagara Falls is considering treatment of (racking waste water. No long -term health impact analysis has been done on the safety of the effluent; residents could be exposed to chemicals otherwise not in their environment, and so on. The chemicals used in drilling are not biodegradable and solids from the waste could enter local landfills; and Whereas: Research investigating the specific risk and benefit of hydraulic fracturing is lacking, with federal environmental exemptions. New York State is scheduled to begin issuing permits for hydraulic fracturing operations in 2012 after review of public comments; and Whereas: Bill $4220/A7218 -2011 is an act to amend the environmental conservation law, in relation to prohibiting the use of hydraulic fracturing and the disposal and /or processing of any fluid which was used in a hydraulic fracturing process; and Whereas: Such operations may potentially cast negative environmental impacts upon Great Lakes communities and the residents of the City of Buffalo. Now, Therefore, Be It Resolved: The Common Council of the City of Buffalo hereby urges Governor Andrew M. Cuomo and the State of New York to issue a prohibition suspending hydraulic fracturing operations in New York State due to possible dangers and environmental impacts of such operations. Be It Further Resolved: This Honorable Body requests that the City Clerk forward copies of this resolution to Governor Andrew Cuomo, Senate Majority Leader Dean Skelos, Assembly Speaker Sheldon Silver and all members of the Western New York State Legislative Delegation. ADOPTED NO. 86 BY: MICHAEL R KEARNS DISCHARGE THE WATERFRONT COMMITTEE FROM CONSIDERATION OF THE FOLLOWING ITEM: — 'ECHDC TO BEGIN GRAIN ELEVATOR INSPECTION" (NO.37, DEC 28) "NEWS- ARTICLE - TEARING DOWN THE SKYWAY" (NO.32, NOV 16) "REQUEST DOCKING PERMIT ALONG SEAWALL OF CANAL SIDE" (NO.51, OCT5) "SPEED LIMIT CHANGE AT MARINE DR" (NO.58, JUN23) "EXECUTIVE SURNMARY OF SKYWAY STUDY" (NO.46, NOV 23) "ECHDC -OUTER HARBOR ACCESS PROJECT" (NO.50, NOV 12) "WATERFRONT ART" (NO.35, OCT 28) "THE BUFFALO SKYWAY MAINT AND CLOSURE ISSUES (EXEC LAST RES)" (RES.138, DECLL) "REVITALIZING BUFFALO'S WATERFRONT" (CORN30, JAN 8) "BFLO. WATERFRONT CORR. INITIATIVE (WCI) -BFLO. CORR. MGRNT. PROJECT -VOL. 1QUEEN CITY WATERFRONT ( #6,10 /18)(STRAT. PLAN)" (NO.74, JAN 24) WHEREAS, The above items are currently in the Waterfront Committee; and WHEREAS, It is no longer necessary for these items to be considered by that committee. NOW, THEREFORE, BE IT RESOLVED, That the Common Council of the City of Buffalo does hereby discharge the Water Front Committee from further consideration of the items ECHDC to Begin Grain Elevator Inspection" (No.37, Dec 28) "News- Article- Tearing Down the Skyway" (No.32, Nov 16) (No.58, Jun23) "Executive Summary of Skyway Study" (No.46. Nov 23) "ECHDC -Outer Harbor Access Project" (No.50. Nov 12) "Waterfront Art" (No.35, Oct 28) "The Buffalo Skyway Maint and Closure Issues (Exec last Res)" (Res. 138, Dec 11) "Revitalizing Buffalo's Waterfront" (Corn30, Jan 8) "Bflo. Waterfront Corr. Initiative (WCI) -Bflo. Corr. Mgmt. Project -Vol. 1 Queen City Waterfront ( #6,10/1 8)(Strat. Plan)" (No.74, Jan 24) is now before the Common Council for its consideration. ADOPT DISCHARGE RECEIVED AND FILED NO. 87 BY: MICHAEL P. KEARNS ANIMAL EUTHANIZATION IN THE STATE OF NEW YORK WHEREAS, Pets are beloved companions for many City of Buffalo and New York State residents; and WHEREAS, Current state law, as well as proposed amendments to state law, Assembly Bill A05449 -A and Senate Bill S05433 -A, permit the euthanization of animals that are "found abandoned, or not properly cared for, or any lost, strayed, homeless or unwanted" and are "suffering from irremediable physical or psychological pain "; and WHEREAS, This law, which is derided by animal rights activists and pet owners as the "Quick Kill bill," is vaguely worded and sets largely subjective guidelines for when euthanasia is allowable; and WHEREAS, While euthanizing animals is certainly appropriate in situations in which animals are suffering severe physical discomfort and there is little hope of physical recovery, the vague wording of this law, as well its proposed amendments, has and will continue to lead to countless beloved pets to be unnecessarily destroyed; and WHEREAS, Although the City is sympathetic to the budgetary constraints and related challenges that animal care organizations are faced with, these beloved pets deserve better care and more humane treatment than many of them are receiving under this vague law. NOW, THEREFORE BE IT RESOLVED, That the Common Council is strongly opposed to the vague language contained in State Assembly Bill A05449 -A and Senate Bill $05433 -A, and, furthermore, supports any amendment that allows for the elimination of the euthanization of pets under the auspices of "psychological pain "; and BE IT FURTHER RESOLVED, That a certified copy of this resolution be forwarded to the sponsors of Assembly Bill A05449 -A and Senate Bill $5433 -A as well as our local state delegation. South District Council Member ADOPTED NO. 88 BY MR. KEARNS WAIVING OF BUILDING USE PERMIT /APPLICATION FEE FOR SOUTH BUFFALO BLOCK CLUB COALITION Whereas: The South Buffalo Block Club Coalition, a member of United Neighborhoods CAO (community action organization), have applied for permission to utilize the meeting room at the Tosh Collins Senior Center for community meetings on the following dates: -March 27, 2012 • April 24, 2012 • May 29, 2012 • June 26, 2012 • July31,2012 • August 28, 2012 • September 25, 2012 • October 30, 2012 • November 27, 2012; and Whereas: According to the . "Building Use Permit /Application" form utilized by the Department of Public Works, Parks & Streets' Div. of Parks & Recreation, the Coty of Buffalo charges a $100.00 Seasonal Fee for the building usage that the South Buffalo Block Club Coalition has requested; and Whereas: The South Buffalo Block Club Coalition has contacted the Common Council and requested that the Building Use Permit /Application Season Fee of $100.00 that is charged by the Department of Public Works, Parks & Streets' Division of Parks & Recreation be waived in regard to their usage of the aforementioned room on the aforementioned dates; and Whereas: The South Buffalo Block Club Coalition is a vital community organization in the South District but has extremely limited funding at its disposal; and Whereas: Waiver of this fee for the South Buffalo Block Coalition will allow them to continue their work to better the South Buffalo community without financial hardship and allow them to devote any funding currently at their disposal for projects that will directly benefit the South Buffalo community. Now, Therefore, Be It Resolved: That the Common Council of the City of Buffalo respectfully asks that the Department of Public Works, Parks & Streets, Division of Parks & Recreation, as well as all other involved City Departments and Divisions, to waive all fees associated with the usage of the meeting room at the Tosh Collins Senior Center for the South Buffalo Block Club Coalition on March 27, 2012; April 24, 2012; May 29, 2012; June 26, 2012; July 31, 2012; August 28, 2012; September 25, 2012. October 30, 2012 and November 27, 2012; and Be it further resolved: That the City Clerk forward a copy of this resolution to the Commissioner of the Department of Public Works, Parks & Streets, the Deputy Commissioner of Parks, the Tosh Collins Senior Center, and Linda Freidenberg of the South Buffalo Block Club Coalition. ADOPTED NO. 89 BY: BY MR. LOCURTO & MR. KEARNS HOME RULE MESSAGE - AN ASSEMBLY BILL # A6664 -A AND SENATE BILL # $5378 - "AN ACT TO AMEND THE RETIREMENT AND SOCIAL SECURITY LAW. IN RELATION TO ALLOWING CERTAIN FIREFIGHTERS OF THE CITY OF BUFFALO, THE CITY OF NIAGARA FALLS AND THE NIAGARA FRONTIER TRANSPORTATION AUTHORITY TO PARTICIPATE IN AN OPTIONAL 20 YEAR RETIREMENT PLAN IN CERTAIN CIRCUMSTANCES." Whereas: The City of Buffalo Common Council has the utmost respect and admiration for the men and women who have chosen to serve our city and its residents as members of the Buffalo Fire Department. These individuals protect life and property daily in the City of Buffalo, often having to abandon care or concern for their own safety and well being; and Whereas: The City of Buffalo Fire Department answers more calls per capita than any other department in the United States of America; and Whereas: A Bill has been introduced in the NYS Assembly, #A5564 -A, and Senate, #$5378, "an act to amend the retirement and social security law, in relation to allowing certain firefighters in the City of Buffalo, the City of Niagara Falls and the Niagara Frontier Transportation Authority to participate in an optional 20 year retirement plan in certain circumstances "; and Whereas: In 2009, New York State passed a new Tier V pension bill for public employees who participate in the state retirement system. The new Tier V included members of the City of Buffalo Fire Department; and Whereas: Effective January 9, 2010, the Tier V legislation inadvertently included a clause that adversely affected new hires to the City of Buffalo Fire Department. This clause caused new hires to go without the benefit of the long recognized and adhered to "non- contributory" agreement which had heretofore been afforded members of fire departments statewide in recognition of the peril which they face on a dally basis; and Whereas: Assembly Bill = A5564 -A and Senate Bill = $5378 seek to ensure that all firefighters in New York State are treated equally by adding a new section 334 -fto the retirement and social security law affording firefighters employed by the City of Buffalo, City of Niagara Falls and Niagara Frontier Transportation Authority similar rights to remain in a noncontributory plan; and Whereas: On June 14, 2011, this Honorable Body adopted a Home Rule Message requesting swift passage of both bills in the New York State Assembly and Senate. Pursuant to NYS Assembly and Senate Rules however, the City of Buffalo must pass a new Home Rule Message in support of these bills because the previous Home Rule Message that was passed expired at the end of the 2011 calendar year. Now, Therefore be it Resolved: That the Common Council of the City of Buffalo does hereby recognize, acknowledge and support the passage of Assembly Bill #A5564 -A and Senate Bill #S5378, "an act to amend the retirement and social security law, in relation to allowing certain firefighters of the City of Buffalo, the City of Niagara Falls and the Niagara Frontier Transportation Authority to participate in an optional 20 year retirement plan in certain circumstances "; and Be it Further Resolved: That the Buffalo Common Council requests the rights and privileges reserved by the City of Buffalo guaranteed by the State of New York, as stated by the Home Rule Law, be recognized and adhered to with regard to this matter: and Be it Further Resolved: That the City of Buffalo Common Council requests swift passage of both bills in the New York State Assembly and Senate and additionally requests approval from the Governor of the State of New York; and Be it Finally Resolved: That the City Clerk be directed to forward one (1) certified copy of this Home Rule Message for Assembly Bill — A5564 -A and Senate Bill — S5378 to NYS Governor, Andrew Cuomo; NYS Assembly Speaker, Sheldon Silver; NYS Senate Majority Leader, Dean Skelos; NYS Assemblyman Dennis Gabryszak; and NYS State Senator, Patrick Gallivan; and four (4) certified copies of this Home Rule Message to both the NYS Senate Home Rule Counsel and the NYS Assembly Home Rule Counsel. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 90 BY: COUNCILMEMBER PRIDGEN RE: ORDINANCE AMENDMENT CHAPTER 511: ZONING ARTICLE XVI : SD SPECIAL ZONING DISTRICTS ( §511 -54- 511 -68. [516 The Common Council of the City of Buffalo does hereby ordain as follows: That Chapter 511 of the Code of the City of Buffalo be amended to read as follows: 511 -68.6 A. The Downtown Entertainment Review District, as hereinafter limited and described shall be known as the "Downtown Entertainment Review District. "' Limits and Description. The Downtown Entertainment Review District shall include all properties within the area bounded: on the North, by the centerline of Tupper Street, on the East by all properties fronting on the East Side of Main Street, on the West by all properties fronting on the West Side of Elmwood Avenue and on the South by the Center line of Seneca Street. C. Legislative Intent. The Common Council finds that, in the Downtown Entertainment Review District, there has been an increase in the amount of alcohol - related, criminal and violent activities involving individuals under the age of twenty -one years of age who have been illegally served alcohol in this district, resulting in confrontations and criminal activity within the public rights -of -way and open spaces located within this district. The Common Council further finds that this increase in alcohol - related, violent and criminal activity has threatened the vitality of the district and that the balance between the general public's right to use and end these public spaces and to legally patronize establishments that serve alcohol and the right of those under 21 gears of age to use and en said public spaces is being jeopardized by these alcohol - related incidents, The Common Council further finds that events which permit comingling of patrons who are under or over 21 gears of age without adequate security plans or personnel to insure that those under the age of twenty -one are not served or able to consume alcohol has increased the likelihood of criminal activity against pedestrians, motorists and property and resulted in excessive noise, annoyance, vandalism and interference with the general public's right to use and end these public spaces, particularly between the hours of 10:00 pm at night and 4:00 am the following morning. D. Permitted Uses. Any of the uses which presently are permitted to this Chapter of the Code of the City of Buffalo or which may be established or extended as a matter of right pursuant to said Code, except those uses herein restricted, shall be permitted uses within the Downtown Entertainment Review District. E. Restricted Uses. (1) Any tavern licensed to serve alcohol at a particular establishment by the New York State Liquor Authority shall not permit the entry of or continued presence of patrons under the age of 21 years of age at any such establishment within the Downtown Entertainment Review District between the hours of 10:00 pm at night and 4:00 a.m. the following morning without first having applied for and received a restricted use permit in accordance with this section. (2) For purposes of this section a "tavern" is defined as an establishment where alcoholic beverages are sold for on -site consumption and in which the service of food, if served at all, is incidental to the sale of such beverages, except for a bar located in a hotel or motel. Examples of public places not deemed m be "taverns" within this definition include, but are not limited to, restaurants that do not have licenses to serve spirits, catering halls, bowling alleys, billiard parlors, roller rinks, pizzerias, Laundromats, game rooms, and gas stations, malls, convenient stores, hotel or motel lobbies, concert, musical or stage production venues or theaters, schools and amusement, entertainment and recreational facilities. F. Application for Restricted Use Permit: Any person seeking to hold a single event, a series of events or a reoccurring event, which would permit the entry or continued presence of patrons under the age of twenty -one on his or her premises, while alcohol is being served to those patrons over the age of twenty -one, between the hours of 10:00 pm and 4:00 am the following morning within the Downtown Entertainment Review District, shall file an application for a Restricted Use Permit on forms m be supplied by the C�t Clerk at least fourteen days prior thereto. Said forms shall be filled out by the applicant and approved as to Form by the Department of Permits and Inspections' Office of Licenses. The City Clerk shall forward the application to the Common Council immediately after the filing of the application. G. Said forms shall include the name, date and time of the event, whether the event is one time only or recurring, how many people are anticipated to attend said event, how man? security personnel will be utilized to provide security at said event, any promoter that has been retained to promote said event, the proposed times daring which the event shall start and end, what safeguards will be undertaken to insure that all patrons under the age of 21 „'ears of age are easily identifiable as such and any other information deemed pertinent to City Clerk and included on said Restricted Use Permit Application Form for the Downtown Entertainment Review District. H. Decision by The Common Council may authorize and direct the approval or denial of the issuance of the restricted use permit on the basis of the effect of such a permit on the public health, safety or general welfare within the Downtown Entertainment Review District. The Common Council shall attach to such permit such restrictions as are necessary to or desirable in its judgment to ensure the compatibility of the proposed use with the surrounding area and the overall health, safety, welfare and development of the Community. I. Compliance: Any person found in violation of this Section shall be immediately have the premises closed by any Buffalo Police Officer or any officer of the Department of Permits and Inspection Services and shall not be allowed to reopen until the following business day. J. Revocation: Upon submission to the Common Council of a written report of the enforcing official of the City that a restricted use permit holder or an,/ other business owner in the Downtown Entertainment Review District is in violation of this Ordinance or the conditions established, a hearing shall be scheduled by the Office of Licenses, at which time any Licensee or Restricted Use Permit Holder in the Downtown Entertainment Review District shall have the opportunity to appear and dispute the charge. The Office of Licenses shall then make a recommendation to the Commissioner of Permits and Inspections Services, who shall have the authority to revoke and /or all licenses issued by the Department of Permits and Inspections Services. K. Exceptions: (1) This Section shall not prohibit any person from allowing co- mingling on Thursday nights between 10:00 pm on said Thursday night and 4:00 a.m. the following Friday morning within the Downtown Entertainment Review District. APPROVED AS TO FORM Allen Gertsman Asst. Corporation Counsel NOTE: Matter underlined is new, matter in brackets is to be deleted. REFERRED TO THE COMMITTEE ON LEGISLATION - yALVi&N :111*114 44 NO. 91 BUDGET AND PERSONNEL AMENDMENT 01 -COMMON COUNCIL 1003 - COUNCIL MEMBER 2 The Common Council of the City Of Buffalo does ordain as follows: That part of Section I of Chapter 35 of the Code of the City of Buffalo. relating to 01- Common Council, 1003 Council member 2 -D. Pridgen, which currently reads: Is hereby amended to read: 1 Legislative Aide $36,242.00 Is hereby amended to read 1 Legislative Assistant $41,163.00 FROM: 10102001 - 411002 LEGISLATIVE — HOURLY $1,527.21 TO: 10103001 - 411001 COUNCILMEMBER 2 - D PR1 DGEN- SALARY $1,527.21 GERALD CHWALINSKI, CITY CLERK, MARK J.F. SCHROEDER, COMPTROLLER AND DONNA J. ESTRICH, DIRECTOR OF BUDGET, ADMINISTRATION AND FINANCE, hereby certify that the above change is necessary for the proper conduct, administration and performance of essential services of that department. We recommend that the compensation for said position be fixed at the respective amount set forth in the foregoing ordinance. REFERRED TO THE COMMITTEE ON FINANCE NO. 92 BY: BONNIE E. RUSSELL DEMONE A. SMITH; RICHARD A. FONTANA ENFORCEMENT OF PROPERTY MAINTENANCE CODES RELATING TO MISSING GARAGE DOORS WHEREAS, The University District Common Council Office has received numerous calls and complaints relating to properties that have garages which are missing garage doors; and WHEREAS, Allowing garages, or any other structures, to exist unsecured and in a state of disrepair in our City neighborhoods negatively affects the quality of life of neighboring residents and property owners; and WHEREAS, Garages which lack garage doors can give a "blighted" appearance to a neighborhood and fuel negative perceptions of the area, which discourages businesses, current property owners and perspective property owners from investing in the neighborhood, thereby lowering area property values; and WHEREAS, Garages which are unsecured due to the absence of garage doors frequently attract pests such as stray animals and vermin, and are attractive targets for criminal activity; and WHEREAS, When garages lack garage doors, their interior is constantly exposed to wind, rain and other precipitation which compromises the structural integrity of the building creating a public safety hazard; and WHEREAS, Pursuant to § 302.7 of the New York State Property Maintenance Code, "all accessory structures, including detached garages, fences and walls, shall be maintained structurally sound and in good repair "; and WHEREAS, When a garage is missing a critical component, i.e., a garage door, it is clearly not in good repair and it is only a matter of time before such building becomes structurally unsound; and WHEREAS, Numerous other sections of the New York State Property Maintenance Code would also seem applicable to targeting garages which lack garage doors, such as §302.1 which covers sanitation, §302.5 which prohibits rodent harborage, etc.; and NOW, THEREFORE BE IT RESOLVED, That the Common Council is hereby on record in supporting the vigorous enforcement by the Department of Permits and Inspections and Department of Law of Property Maintenance Code violations relating to garages that are without garage doors within the University District as well as all other Council Districts; and BE IT FURTHER RESOLVED That the Common Council directs the City Clerk to forward copies of this resolution to the Department of Permits and Inspections and Department of Law for their review. ADOPT RESOLVES REFER THE REMAINDER TO LEGISLATION NO. 93 BY: DEMONE A. SMITH MASTEN DISTRICT COUNCIL MEMBER APPEAL TO THE BTF COUNCIL OF DELEGATES TO RECONSIDER REMOVING THE STUDENT EXCESSIVE Whereas On February 16, 2012, Governor Andrew M. Cuomo, New York State Education Commissioner Dr. John King, and New York State United Teachers President Richard C. Lannuzzi reached an agreement on a new teacher evaluation system which takes effect in 2012 -2013 school year; and Whereas Under the agreement, 60 percent of a teacher's evaluation will be based on rigorous and nationally recognized measures of teacher performance and 40 percent of a teacher's evaluation will be based upon student academic achievement, with 20 percent from state testing and 20 percent from a list of three testing option including state tests, third party assessments /tests approved by the SED and locally developed tests that will be subject to SED review and approval; and Whereas The State Teacher Evaluation Agreement gives the SED Commissioner the authority to approve or disapprove local evaluation plans that he deemed not adequately rigorous; and Whereas Buffalo submitted a teacher evaluation agreement, and SED Commissioner King said it was not adequately rigorous and suspended $9.3 million in federal grants to the district; and Whereas State officials have told the District administrators they will not approve a teacher evaluation plan that excludes students with excessive absences; and Whereas Failure to secure the SIG funding will result in cuts that will significantly impact our persistently lowest achieving schools, an action known to harm multiple measures of student achievement and learning; and Whereas The Buffalo Public School students needing the educational interventions provided by SIG funds cannot wait for a court to resolve this difference of opinion among those entities charged with providing a quality education to the students; and Whereas The Board of Education of the City of Buffalo, the Interim Superintendent of the Buffalo Public Schools, the President of the Buffalo Teachers' Federation, and other community stakeholders have expressed their commitment to restoring the SIG funding by acting in the best interests of the students of the Buffalo Public Schools. Now Therefore Be It Resolved; The Common Council of the City of Buffalo hereby asks the BTF President and the Council of Delegates to agree to remove the student excessive attendance clause from the teacher evaluation agreement; and Be It Further Resolved; The Common Council of the City of Buffalo hereby asks the BTF President and the Council of Delegates to agree to remove the student excessive attendance clause from the teacher evaluation agreement. ADOPT RESOLVES REFER THE REMAINDER TO THE COMMITTEE ON EDUCATION NO. 94 BY MR. SMITH FELICITATIONS /IN MEMORIAM Attached hereto are Felicitation and In Memoriam Resolutions sponsored by Members of the Common Council as indicated Felicitation for Monsignor Paul J. E. Burkard By Councilmember Michael P. Kearns ADOPTED NO. 96 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 Kristen Suchan (married; name change from Kristen Alabisi) TOTAL1 ADOPTED NO. 96 BY: DEMONE A SMITH APPOINTMENTS COMMISSIONER OF DEEDS That the following persons are hereby appointed as Commissioner of Deeds for the term ending April 2, 2014 conditional, upon the person so appointed certifying under oath to their qualifications and filing same with the City Clerk: Thomasina Wilson TOTAL ADOPTED NO. 97 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, March 13, 2012 at 9:45 o'clock A.M. Committee on Finance Tuesday, March 13, 2012 at 10:00 o'clock AM following Civil Service Committee on Comm. Dev. Tuesday, March 13, 2012 at 1:00 o'clock P.M Committee on Legislation Tuesday, March 13, 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 C�t 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. NO. 98 ADJOURNMENT On a motion by Mr. Smith, Seconded by Mr. Rivera, the Council adjourned at 3:36 PM GERALD A. CHWALINSK1 CITY CLERK