The URL can be used to link to this page

Home My WebLink About12-0320 (2)NO. 6 PROCEEDINGS OF THE CITY OF BUFFALO MARCH 20, 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 Members 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, Bonnie E. Russell - 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, Demone A. Smith, - Members. RULES COMMITTEE: Richard A. Fontana, Chairman, Bonnie E. Russell, Demone A. Smith - Members 1-11:2 *] / e 1 S e i e L V i h V i 111 i 9 4 *1 Members Members BUDGET COMMITTEE: Demone A. Smith, Chairman, Joseph Golombek, Jr., Michael P. Kearns, Darius G. Pridgen, David A. Rivera - Members EDUCATION COMMITTEE: Demone Smith, Chairman, Joseph Golombek, Jr., Michael P. Kearns, Darius Pridgen - Members MINORITY BUSINESS ENTERPRISE COMMITTEE: Demone Smith Chairman, Joseph Golombek Jr., David A. Rivera, Bonnie E. Russell — POLICE OVERSIGHT: Joseph Golombek, Jr., Chairman, David A Franczyk, David A. Rivera, Bonnie E. Russell — Members PUBLIC TRANSPORTATION: Michael P. Kearns, Chairman, Michael J. LoCurto, David A. Rivera, Bonnie E. Russell- Members WATERFRONT DEVELOPMENT COMMITTEE: Michael P. Kearns, Chairman, David A. Franczyk, Joseph Golombek, Jr., Demone A. Smith- CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO TUESDAY, MARCH 20, 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 March 6, 2012 were approved. INVOCATION PLEDGE TO FLAG DATE March 20, 2012 "FINAL" MAYOR MAYOR - EXECUTIVE 1. Pres Bd- Application for Landmark Design -791 Washington aka 817 Washington(hrg 3/27) LEG 2. Cit Serv- Submission of Monthly Report- February 2012 R &F 3. Strat Plan -City Employees or Relatives Receiving Rehab Loans or Fin Asst Various Council Districts R &F 4. Strat Plan- Rescind Sale & Forfeit Deposit -417 Breckenridge(Nia) APP COMPTROLLER 5. Additional Information on Federal Financial Assistance CD COUNCIL PRESIDENT 6. Appoint Members to the Committee on Legislation and Committee on Community Development R &F MANAGEMENT INFORMATION SYSTEMS 7. Appoint Computer Prog ram mer(Max)(Perm)(Barker, SanFilippo) CS PUBLIC WORKS 8. Change in Contract -City Court Basement $963,434.60 APP 9. Change in Contract -City Court Basement $346,190.00 APP 10. Change in Contract -City Court Basement $328,226.00 APP 11. Permission to Engage Services- Consulting Engineer - Sidewalk Replacement Inspection($150,000.00) APP 12. Permission to Engage Services- Consulting Engineer - Sidewalk Replacement Inspection($75,000.00) APP 13. Permission for Funding- Lanigan Field House Roof Reconstruction APP 14. Permission to Hire Fisher Assoc. for Traffic Signal Optimization APP 15. Permission to Increase Consultant Contract -MLK Park Shelter House(Mas) APP 16. Republic Collection of Recyclable Materials APP 17. Report of Bids -City Court Fire Detection System APP 18. Appoint Arch itect(Perm) (Step 12)(Fanara) CS 19. Appoint Engineering Aide(Perm)(Step 5)(Ziemba) CS 20. Appoint Laborer II(Perm)(second Step)(Legrand) CS POLICE 21. Drug Asset Forfeiture Wire Transfers R &F PERMITS AND INSPECTIONS 22- 21A Food Store License (New) -481 Abbott(South) APP 23- 21 B Food Store License (New) -975 Abbott(South) APP 24- 21 C Food Store License (New) -2065 Delaware(Del) LEG 25- 21 D Food Store License (New) -398 Dingens(Lov) APP 26- 21 E Food Store License (New) -304 Elmwood(Nia) APP 27- 21 F Food Store License (New) -3215 Main(Univ) LEG 28- 21 G Food Store License (New) -355 Military(North) APP 29- 21 H Food Store License (New) -959 Niagara(Nia) APP 30- 21 1 Food Store License (New) -281 Parkside(Del) LEG 31- 21J Food Store License (New) -595 Prospect(Nia) APP 32- 21 K Food Store License (New) -1971 South Park(South) APP 33- 22. Food Store License(New) -388 Amherst(North) APP 34- 23. Food Store(New) -1727 South Park(South) APP 35- 24. Sidewalk Cafe -212 Pearl St. (aka 127 Franklin)(EII) LEG 36- 25. Sidewalk Cafe -1953 Seneca St(South) LEG 37- 26. Used Car Dealer -1657 Broadway(Lov) LEG ADMINISTRATION AND FINANCE 38- 27. Second Quarter Gap Sheet FIN PARKING 39- 27A Trial Agreement With Duncan Solutions APP SEWER AUTHORITY 40- 28. LTCP -to Address and Abate Combined Sewer Overflows R &F 41- 29. SEQR -to Address and Abate Combined Sewer Overflows R &F 42- 30. NYS- Coastal Mngt Program Assessment Form R &F CITY CLERK 43- 31. Liquor License Applications R &F 44- 32. Leaves of Absence R &F 45- 33. Reports of Attendance R &F 46- 34. Notices of Appointments- Temp /Prov /Perm CS MISCELLANEOUS 47- 35. Bflo Water Bd Monthly Report- February 2012 R &F 48- 36. LP Ciminelli -Board Packet Documents -March 2012 ED 49- 37. R. Fontana -S. Colon- Request to Speak before Members of the Council COMPT 50- 38. J. Golombek & All Councilmembers- Opposition to Construction of a New ECC Science Building in Amherst LEG 51- 38A J. Golombek- Proposed Ord Amend - Chapter 263- Operation of Business LEG 52- 39. J. Golombek -B. Radle- Support Ctr of Academic Excellence to ECC City Camp. LEG 53- 40. M. Kearns -S. Connare- Concerns Middle Early College HS ED 54- 41. M. LoCurto- Article- Confessions of a Bad Teacher ED 55- 42. NYSDEC- Amendments to Freshwater Wetland Maps CD 56- 43. S. Norris - Support "Beyond the Border" CD 57- 44. C. Noun -Thank You Day for Elected Officials R &F 58- 45. D. Pridgen- Attendance Review Board ED 59- 46. SEQR Notice Proposed Lead Agency Designation -ECHDC Bflo Wtrfrt 225 & 175 Fuhrmann Blvd R &F 60- 47. D. Smith - Article - Racial Divide: Minority Students Face More Discipline ED 61- 48. D. Smith - Article -Red States Use Most Food Stamps R &F 62- 49. D. Smith - Article -No Renovations to Ralph Wilson Stadium CD 63- 49A M. Taber - Clinton Bailey CC Request to Speak at Next Leg Comm Mtg LEG 64- 49B SEQR -708 Elmwood R &F 65- 50. S. Tomaselli- Nugent- Proposed Awning 206 Allen(Fill) LEG PETITIONS 66- 51. J. Letizia, Owner, Use 982 Elmwood -Alter Retail Space to Cafe w /Outdoor Cafe in City ROW(hrg 3/27)(Del) LEG,CPBD 67- 52. M. Moutaute, Owner, Use 1832 Main St for Expansion of Sit in Restaurant (hrg 3 /27)(EII) LEG,CPBD 68- 53. D. Sutton, Agent, Use 1049 Elmwood to Erect 1 Story Addition for Take -Out Restaurant With an Outdoor Cafe(hrg 3/27)(Del) LEG,CPBD 69- 54. M. Xaseen, Owner, Use 1560 S. Park, Add Take -Out Rest /Deli to Existing Store(South)(Hrg 3/27) LEG,CPBD 70- 55. B. Bernatovicz, Agent, Use 1313 Main St. for a Ground Sign(no hrg)(EII)_LEG,CPBD RESOLUTIONS 101- 56. Fontana HRM -Req NYS Assembly to Amend Local Finance Law In Relation to Sale of Bonds and Notes in COB ADOPT 102- 56A Fontana Replacement of the Toxic Substance Control Act(TSCA) ADOPT 103- 57. FranczykGrant Perm. to Hang Banners in Broadway Fillmore Neighborhood 104- 58. Franczyk Strengthen Emergency Services Board LEG 105- 59. Franczyk, etc. Waive Permit Fees for Install. of Hispanic- American Vet's Mem._APP 106- 60. Golombek, etc Opposing the Demolition of the Trico Plant No 1 Building LEG 107- 60A Pridgen Disch Leg, ccp# 1, 11/29 /2011 - Recommendation Landmark Site Former Fairfield Library 1659 Amherst(Mas) ADOPT D/C R &F 108- 61. Smith Amend and Restated Ground Lease Refinancing Phase II Series 2004 Bonds Bflo Sch Redev Project APP 109- 61A Smith Authorizing Creation of The Bflo Erie Niagara Land Imp Corp And Execution of Agreements APP 110- 61 B Smith,etc Healthy Corner Store Promotion APP 111- 62. Smith Felicitations in Memoriam ADOPT 112- 63. Smith Comm of Deeds - Public Duties ADOPT 113- 64. Smith Comm of Deeds ADOPT TABLE ITEMS - - - -- Waterfront Neighborhood Community Development Agreement (ccp #3, 8/14/2010) 114- - - - - -P. Tsouflidis, Owner, Use 708 Elmwood to Expand into the Second Floor Of an Existing Restaurant(hrg 1 /17)(ccp #123, 2/21/2012, 01/10/2012) APP W /COND SUBMISSION LIST OF COMMITTEE ITEMS FOR THE COUNCIL MEETINGS CIVIL SERVICE 71- 1. Com 17 Mar 6 Appoint Chief Pumping Plant Engineer(Prov)(Max)(Fatig)(PW) APP 72- 2. Com 18 Mar 6 Appoint Head Exterminator (Prov)(Max)(Murphy)(PW) APP 73- 3. Com 19 Mar 6 Appointments Supervisor of Street Sanitation (Tamsen, Gramaglia)(PW) APP 74- 4. Com 29 Mar 6 Appoint Director of Urban Affairs(Exem pt) (Ford)(A &F) R &F 75- 5. Com 33 Mar 6 Notices of Appointments- Temp /Prov /Perm(Cty Clk) R &F FINANCE 76- 6. Com 28 Mar 6 List of Delinquent Tax, User Fees and Sewer Rent Liens(A &F) R &F 77- 7. Com 10 Dec 13 In Rem 45 Auction Update(Comp) R &F 78- 8. Com 22 Nov 29 Drug Asset Forfeiture Wire Transfers(Pol) R &F 79- 9. No 55 Nov 1 D. Smith - Request Info Re: Chase Bank R &F 80- 10. Res 96 Oct 4 Reports on Implementation(Exc Res's) R &F 81- 11. Res 160 Apr 19 Implementing a COB Treebate Program(exc res) R &F COMMUNITY DEVELOPMENT 82- 12. No 37 March 6 D. Smith -T. Kniazuk -COB Cultural Funding Impact R &F LEGISLATION 83- 13. No 41 March 6 N. Abraham, Agent, Use 1292 Hertel Ave to Expand a Restaurant(hrg 3 /13)(Del) APP 84- 14. No 42 March 6 A. Eoannou, Owner, Use 1416 Hertel Convert an Existing Store to Take -Out Rest. (hrg 3 /13)(Del) APP 85- 15. No 35 March 6 D. Pridgen -A. Warner- Common Council Chapl ADOPT 86- 16. Res 89 March 6 HRM -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 ADOPT 87- 17. Res 90 March 6 Ordinance Amendment -Ch 511 Zoning - Special Districts APP 88- 18. No 58 Feb 21 M. Romanowski -SEAR -Draft Env. Impact Statement -Bflo Medical Campus R &F 89- 19. No 56 Jan 24 B. Russell - Article Proposed NFTA Cutbacks in Services R &F 90- 20. No 60 Feb 21 L. Schneekloth- Concerns for 708 Elmwood Acropolis Rest(Del) R &F 91- 21. No 61 Feb 21 P. Tsouflidis -SEAR 708 Elmwood(Del) R &F 92- 22. No 31 Feb 7 M. Colletti- Support for Acropolis Restaurant 708 Elmwood R &F 93- 23. No 32 Feb 7 A. Convey - Support for Acropolis Restaurant 708 Elmwood R &F 94- 24. No 38 Feb 7 D. Pridgen -M. Parker - Support for Acropolis Restaurant 708 Elmwood R &F 95- 25. No 39 Jan 24 S. Curvin- Proposed Music Permit & Expansion -708 Elmwood - Acropolis R &F 96- 26. No 40 Jan 24 A. Picaogna - Support Music at 708 Elmwood - Acropolis R &F 97- 27. No 42 Jan 24 L. Clopper- Concerns 708 Elmwood Ave(Del) R &F 98- 28. No 43 Jan 24 H. Connor - Concerns 708 Elmwood Ave(Del) R &F 99- 29. No 44 Jan 24 R. Stanton - Concerns 708 Elmwood Ave(Del) R &F 100- 30. Com 17 July 6 Name Proposal -New Street Bflo Lakeside Commerce Park(PW) R &F FROM THE MAYOR FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE BUFFALO PRESERVATION BOARD NO. 1 PRES BD- APPLICATION FOR LANDMARK DESIGN -791 WASHINGTON AKA 817 WASHINGTON (HRG 3/27) Application for Landmark/Landmark Site Buffalo Preservation Board 901 City Hall Buffalo, New York 14202 Telephone: (716) 851 -5029 Fax: (716) 851 -4388 Instructions to Applicant: The following information is required, at a minimum, prior to the Buffalo Preservation Board considering an application complete: a) Three (3) copies of this application; b) One complete set of quality photographs, (Preferably 8" x 10 "), of all exterior elevations of the building. Interior photographs may also be submitted; c) A site plan, map or survey that indicates in sufficient details what building /properties are being proposed for designation; d) Any additional information you can furnish that substantiates that the property is deemed to be of architectural, historical, geographical, cultural or aesthetic significance. Failure to submit the required information may result in an incomplete application and delay the review process: " * check in the amount of $500.00 made out to the City of Buffalo Preservation Board must be submitted at time of application for non - owner occupied structures /sites. Please provide the following on the property for which landmark consideration is requested. 1. Address of Site : 791 Washington Street. A.K.A. 817 Washington St. 2. Name of Property (if any): Trico Plant No. 1 3. Name of Present Owner: Buffalo Brownfield Restoration Corporation, subsidiary of Buffalo Urban Development Corporation. Address: 143 Genesee St., Buffalo, NY 14203. 716 - 856 -6525 Contact person: Peter Cammarata. Phone 716 - 362 -8361 Note: If property is in multiple ownership, list the names /addresses of other persons having legal or equitable interest in property: 4. Has the owner, if other than applicant, been contacted? Owner will be contacted as per City of Buffalo Code. If yes, is owner in favor of landmark designation? Agency is proposing demolition, presumption is no If yes, submit a signee statement /affidavit by owner supporting Designation. 5. Present use of property: Vacant 6. Year of Construction : 1920 -1950 Information Source: Kowsky National Register application, city permits 7. Architect: Plumer & Mann Engineers and Architects Information Source : Kowsky 8. Is property endangered? Yes If yes, explain: Owner and prospective owner have proposed demolition The Trico Building meets the following criteria ( 1, 3, 4, 5,7 9 ) for Landmarking as per: United States Department of Interior Standards for Historic Preservation and the Preservation Standards as cited in the Charter and Code of the City of Buffalo, New York. 1. It has character, interest, or value as part of the development, heritage, or cultural characteristics of the city, state, or nation. (Principal plant of the world's first, and for decades, largest windshield wiper manufacturer, an item ubiquitous around the world. Trice employed thousands of people at its peak, and founder John Oishei was a significant supporter of many social institutions personally and founded the what is now the John Oishei Foundation) 3. It exemplifies the historic, aesthetic, architectural, archeological, educational, economic, or cultural heritage of the city, state, or nation. (steel reinforced concrete construction defined the daylight factory, and Buffalo was a prime location in the development of reinforced concrete in buildings.) 4. It is identified with a person or persons who significant y contributed to the development of the city, state, or nation. (John Oishei) 5. It embodies distinguishing characteristics of an architectural style valuable for the study of a period, type, method of construction, or use of indigenous materials. (reinforced concrete construction and the daylight factory) 7. It embodies elements of design, detailing, materials, or craftsmanship that render it architecturally significant. 9. It is a unique location or contains singular physical characteristics that make it an established or familiar visual feature within the city. (Location between downtown, Allentown, the Fruitbelt and the medical complex, on Goodell Street renders it part of the everyday life of Buffalonians and visitors. It is part of the Goodell Street canyon that is an important cultural landscape that helps define the city's urbanity) 10. Please find attached the National Registration of Historic Places Registration Form for Trico Plant #1, 817 Washington Street, Buffalo, NY 14203 Name of Applicant: Paul McDonnell, President Organization: Campaign for Greater Buffalo, History, Architecture and Culture I hereby certify that the information contained herein is true and correct to the best of my knowledge. REFERRED TO THE COMMITTEE ON LEGISLATION. FROM THE OFFICE OF CITIZEN SERVICES NO. 2 CIT SERV- SUBMISSION OF MONTHLY REPORT — FEBRUARY 2012 The Office of Mayor, Division of Citizen Services, hereby submits, for your Honorable Body's review and approval, the monthly reports for the Mayor's Call and Resolution Center for the month of February 2012, as mandated by Section 6 -20(c) of the City of Buffalo's City Charter. This monthly statistical report details the number and nature of inquiries, requests and complaints received. Oswaldo Mestre Jr. Director, Citizen Services RECEIVED AND FILED FROM THE OFFICE OF STRATEGIC PLANNING NO. 3 STRAT PLAN -CITY EMPLOYEES OR RELATIVES RECEIVING REHAB LOANS OR FIN ASST VARIOUS COUNCIL DISTRICTS Sharon R. Brown 370 Roslyn St. Buffalo NY 14215 Brother, Kenneth Lidge, is employed by the Board of Education as a Counselor. Roslyn Collins 473 Winslow Ave. Buffalo NY 14211 Cousin, Debra Noble, is a Teacher, employed by the Board of Education. Carolyn Miller 205 Goulding St. Buffalo NY 14208 Daughter, Vickie Baxter, is employed by the Board of Education Ann Marie Battaglia 15 North Park Ave. Buffalo NY 14216 Brother, Thomas Feeney, is employed by the Police Dept. as a Police Officer. Cleatrice Clark 68 Wasmuth Ave. Buffalo NY 14211 Cleatrice Clark is employed by the Board of Education as a Substitute Teacher. Edwin Iglesias 366 Massachusetts St. Buffalo NY 14213 Cousin, Lourdes Iglesias, is Director of Hispanics United of Buffalo. Digna Murphy 288 Chelsea PI Buffalo NY 14215 Brother, Kevin Lozano, is employed by the Buffalo Fire Dept. as a Fire Marshall Vanessa Singletary - new home purchase - Woodlawn Homes by True CDC 883 Woodlawn Avenue Buffalo, New York, 14211 Mother, MaNe Duncan, is employed by the Buffalo Police Dept. as a report technician Lenora Burress 26 Bissell Ave. Buffalo NY 14211 Sister, Carmelita Lee, is employed by the City of Buffalo as a 311 Operator. Janice E. McCaster White 84 Avery Buffalo, New York, 14216 Ms. White was employed from January 1. 2011 through December 25, 2011 by the City of Buffalo as an intern to Councilmember Darius Pridgen. Ms. White is also the Executive Director of True CDC, an agency seeking funding through BURA and the federal HOME Program. Otis T. Barker 36 Erskine Buffalo, New York, 14215 Mr. Barker is employed by the City of Buffalo as Deputy Commissioner of Community Services. Mr. Barker is also an unpaid board member of True CDC, an agency seeking funding through BURA and the federal HOME Program. Antoinette Palmer 142 Hedley Buffalo, New York, 14208 Ms. Palmer is employed by the City of Buffalo as Director of Compensation and Benefits in the Department of Human Resources. Ms. Palmer is also an unpaid board member of True CDC, an agency seeking funding through BURA and the federal HOME Program. BRENDAN R. MEHAFFY EXECUTIVE DIRECTOR OFFICE OF STRATEGIC PLANNING RECEIVED AND FILED NO.4 RESCIND SALE & FORFEIT DEPOSIT 417 BRECKENRIDGE STREET MR. GEORGE NIUALIKU MR. RICHARD GOODMAN (NIAGARA DISTRICT) PRIOR COUNCIL REFERENCE: Item #11, C.C.P. September 7, 2010 In the above referenced item Your Honorable Body approved the sale of 417 Breckenridge Street to Mr. George Nivaliku and Mr. Richard Goodman, 205 O'Neil Circle, Hercules, California 94547. Several notices have been mailed to Mr. Nivaliku and Mr. Goodman to finalize the sale and close on the transfer of title. Final notice was sent on August 23, 2011 advising that failure to respond would result in rescinding the sale, forfeit the deposit of One Hundred Thirty Dollars ($130.00) and return the property to our inventory for future sale. Mr. Nivaliku and Mr. Goodman have not responded to any of our notices. Therefore, I am recommending that Your Honorable Body approve to rescind the sale of 417 Breckenridge to Mr. Nivaliku and Mr. Goodman the deposit be forfeited and the property be returned to our inventory for future sale. BRENDAN MEHAFFY EXECUTIVE DIRECTOR OFFICE OF STRATEGIC PLANNING Mr. Smith moved: That the communication from the Department of Strategic Planning, dated March 13, 2012; and That the Executive Director of Strategic Planning be, and he hereby is authorized to rescind the sale of 417 Breckenridge and the deposit of $130 down payment is forfeited by Mr. Nivaliku & Mr. Goodman, and that the property be returned to inventory for sale. PASSED AYES -9 NOES -0 FROM THE COMPTROLLER NO. 5 ADDITIONAL INFORMATION ON FEDERAL FINANCIAL ASSISTANCE This is to advise that a copy of the Single Audit Additional Information on Federal Financial Assistance Programs received by the City of Buffalo for the fiscal year ended June 30, 2011 has been delivered to each Councilmember, the Common Council Chief of Staff, the City Clerk, the Mayor, the Comptroller, and the Budget Office. Included therein are the Independent Auditors' Reports of Drescher & Malecki LLP for the City, Dansa & D'Arata, LLP for the Urban Renewal Agency and Freed Maxick & Battaglia, CPAs, PC for the Board of Education. This report is available as a public record for inspection by all interested parties. Pursuant to amendments of Section 35 of the General Municipal Law, the Common Council of the City of Buffalo may, at its discretion, prepare a written response to the report of external audit and file such response with the City Clerk as a public record for inspection by all interested parties no later than ninety days after its receipt, or June 7, 2011. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT FROM THE PRESIDENT OF THE COUNCIL NO. 6 APPOINT MEMBERS TO THE COMMITTEE ON LEGISLATION AND COMMITTEE ON COMMUNITY DEVELOPMENT I hereby appoint Demone A. Smith as a member of the Committee on Legislation with Council Members David A. Franczyk, Joseph Golombek, Jr., David A. Rivera and Council Member Darius G. Pridgen as Chairman. I hereby appoint Bonnie E. Russell as a member of the Committee on Community Development with Council Members Michael LoCurto, Darius G. Pridgen, David A. Rivera and Council Member Joseph Golombek, Jr. as Chairman. RECEIVED AND FILED FROM THE COMMISSIONER OF MANAGEMENT INFORMATION SYSTEMS NO. 7 APPOINT COMPUTER PROGRAM MER(MAX)(PERM)(BARKER, SANFILIPPO) Certificate of Appointment Appointment effective March 9, 2012 in the Department of Management Information Systems to the Position of Computer Programmer Permanent Competitive Maximum Starting Salary of $52,585. Kathryn Barker, 246 Prospect, Buffalo 14201 Janet SanFilippo, 215 Saranac, Buffalo 14216 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO. 8 CHANGE IN CONTRACT CITY COURT BASEMENT DETENTION CENTER $963,434.60 JOB #1043 ELLICOTT DISTRICT I herby submit to Your Honorable Body the following changes for City Court, Basement Detention Center, Electrical Work, Frey Electric Construction, C #93000805. 1. Provide power for temporary heat during construction. Add $ 1,408.60 2. Added security features, systems. Add $28,248.00 The foregoing changes result in a net increase in the contract of Twenty Nine Thousand Six Hundred Fifty Six and 60/100 Dollars ($29,656.60). Summary: Original Contract Amount $920,000.00 Change Order #1 $ 13,778.00 Amount of This change Order ( #2) $ 29,656.60 Revised Contract Amount $963,434.60 Costs have been reviewed by the consultant (Kideney Architects) and the Department of Public Works, Parks, & Streets and were found to be fair and equitable. Funds for this work are available in 34323006 445100 — Buildings. Mr. Smith moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated March 13, 2012 be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to execute Change Order #1 in the amount of $963,434.60 for the City Court Basement Contract to Greater Niagara Mechanical, C #9300804. Funds for the project are available in Account 34323006 445100 - Buildings. PASSED AYES -9 NOES -0 NO. 9 CHANGE IN CONTRACT CITY COURT BASEMENT DETENTION CENTER $346,190.00 JOB #1043 ELLICOTT DISTRICT I hereby submit to Your Honorable Body the following changes for City court, Basement Detention Center, Plumbing Work, Jim Ando Plumbing, C #93000813. 1. Provide and install ADA compliant Combi -Unit in Handicap Accessible Cell Add $ 165.00 2. Provide and install ADA compliant Water Closet at Toilet B108. Add $ 891.00 3. Provide and install 21 institutional sprinkler heads at Cells. Add $ 1,411.00 4. Provide and install rated Fire Valve Cabinets. Add $ 1,943.00 The foregoing changes result in a net increase in the contract of Four Thousand Four Hundred Ten and 00/100 Dollars ($4,410.00) Summary: Original Contract Amount $341,780.00 Amount of This Change Order ( #1) $ 4,410.00 Revised Contract Amount $346,190.00 Costs have been reviewed by the consultant (Kideney Architects) and the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in 34323006 445100 - Buildings Mr. Smith moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated March 13, 2012, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to execute Change Order #1 in the amount of $346,190.00 for the City Court Basement Contract to Greater Niagara Mechanical, C #9300804. Funds for the project are available in Account #34323006 445100 - Buildings. PASSED AYES -9 NOES -0 NO. 10 CHANGE IN CONTRACT CITY COURT BASEMENT DETENTION CENTER $328,226.00 JOB #1043 ELLICOTT DISTRICT I hereby submit to Your Honorable Body the following changes for City Court, Basement Detention Center, Mechanical Work, Greater Niagara Mechanical, C #93000804. 1. Provide temporary heat during construction. Add $ 926.00 The foregoing changes result in a net increase in the contract of Nine Hundred Twenty Six and 00/100 Dollars ($926.00). Summary: Original Contract Amount $327,300.00 Amount of This Change Order ( #1) $ 926.00 Revised Contract Amount $328,226.00 Costs have been reviewed by the consultant (Kideney Architects) and the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in 34323006 445100 - Buildings. Mr. Smith moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated March 13, 2012, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to execute Change Order #1 in the amount of $328,226.00 for the City Court Basement Contract to Greater Niagara Mechanical, C #9300804. Funds for the project are available in Account #34323006 445100 - Buildings. PASSED AYES -9 NOES -0 NO. 11 PERMISSION TO ENGAGE SERVICES - CONSULTING ENGINEER - SIDEWALK REPLACEMENT INSPECTION ($150,000.00) 1 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 Sidewalk Replacement Inspection. The costs for consulting services are estimated not to exceed $150,000.00. 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 March 14, 2012, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works. Parks and Streets to hire a consultant to provide construction phase services for city -wide sidewalk replacement inspection. The costs for consulting services are estimated not to exceed $150,000.00. Source of funds is Capital Accounts 34311506 445100, and an account to be named at a later date. PASSED AYES -9 NOES -0 NO. 12 PERMISSION TO ENGAGE SERVICES OF CONSULTING ENGINEER FOR CITYWIDE SIDEWALK REPLACEMENT INSPECTION ($75,000.00) 1 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 Spot Sidewalk Replacement Inspection, specifically at tree damage locations. The costs for consulting services are estimated not to exceed $75,000.00. 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 March 14, 2012, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to hire a consultant to provide construction phase services for city -wide spot sidewalk replacement inspection. The costs for consulting are estimated not to exceed $75,000.00. Source of funds is Capital accounts 34311506 445100, and an account to be named at a later date. PASSED AYES -9 NOES -0 NO. 13 PERMISSION FOR FUNDING LANIGAN FIELD HOUSE ROOF RECONSTRUCTION JOB #1170 FILLMORE DISTRICT Bidding for the Roof Reconstruction of the Lanigan Field House located at 150 Fulton Street was conducted by B.U.R.A. Progressive Roofing Co., Inc. was identified as the low bidder with a base bid of $223,600.00. Permission is hereby requested from Your Honorable Body to use $44,810.00 from the City Bond Account No. 34323506 445100 - Buildings for the installation of metal weather - proofing sheets. The balance will be funded by CDBG in the amount of $178,790.00. B.U.R.A. will contract with Progressive Roofing Co., Inc. for the Roof Reconstruction of the Lanigan Field House. Mr. Smith moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated March 7, 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 $223,600.00 to Progressive Roofing, Inc. for roof reconstruction of the Lanigan Field House located at 150 Fulton Street, to be funded through City Bond Account 34323506 445100 - Buildings, and CDBG, and an account to be named at a later date. PASSED AYES -9 NOES -0 NO. 14 PERMISSION TO HIRE FISHER ASSOCIATES FOR TRAFFIC SIGNAL OPTIMIZATION VARIOUS CORRIDORS CITY -WIDE I respectfully request that Your Honorable Body authorize the Department of Public Works, Parks and Streets to hire Fisher Associates to provide traffic signal timing optimization services. The costs for these consulting services are estimated not to exceed $180,000.00. The funds are available in Capital account(s) 32311606 445100, 30032106 445100, and an account(s) to be named at a later date. Fisher Associates has been chosen through a Request for Proposal (RFP) process administered by the Greater Buffalo Niagara Regional Transportation Council, with participation from Department of Public Works personnel, for a similar project with excellent results. Mr. Smith moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated March 14, 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 $180,000.00 to Fisher Associates for Traffic Signal Optimization, to be funded through Capital Accounts 32311606 445100, 30032106 445100, and an account to be named at a later date. PASSED AYES -9 NOES -0 NO. 15 PERMISSION TO INCREASE CONSULTANT CONTRACT STIEGLITZ SNYDER ARCHITECTURE MLK PARK SHELTER HOUSE RENOVATION PROJECT CONTRACT # 93000092 MASTEN DISTRICT I hereby submit to your Honorable Body the following changes for this contract. Stieglitz Snyder Architect is the consultant for design and construction administration inspection services related to Renovation of the MLK Park Shelter House. This increase is necessary for following additional services related to construction phase of the project: 1- Design plan for Boiler Replacement and additional Asbestos survey /air monitoring for abatement of the existing pipe insulation in the building basement. 2 -Re- design of the front entry stairs and closing the side entrance to the building basement. 3- Additional construction inspection & administration services. Original Contract Amount: $ 59,400.00 Previous Change Order: $ 7,072.50 This Change Order: $ 29,712.00 Total: $ 96,184.50 1 certify that this increase is fair and equitable for the work involved and respectfully request that your Honorable Body approve the subject change order and authorize the Commissioner of Public Works. Parks and Streets to issue said increase for $29,712.00. City has signed agreement with Dormitory Authority of the State of New York (DASNY) to receive $ 500,000 grant for this project. The funds for City's share are available in Bond 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 March 14, 2012, be received and filed; and That the Common Council hereby authorizes the Commissioner of Public Works. Parks and Street to increase the consultant contract in the total amount of $96.184.50 (Original contract amount $59,400.00 + Previous change order $7,072.50 + this change order $29,712.00 equaling a total award of $96,184.50) to Stieglitz Snyder Architecture for MLK Park Shelter House renovation project, to be funded by a grant with the Dormitory Authority of the State of New York (DASNY), and an account to be named at a later date. PASSED AYES -9 NOES -0 NO. 16 REPUBLIC COLLECTION OF RECYCLABLE MATERIALS I hereby respectfully request from Your Honorable Body permission to continue on a month -to -month basis with the City of Buffalo's existing contract ($161,667.00 +CPI, (fuel $1,129.33) in the amount of $162,796.33). This will allow the City time to collect adequate recycling rate data on its ever increasing volumes on a weekly collection. 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 15, 2012, be received and filed; and That the Common Council hereby authorizes the Commissioner of Public Works, Parks and Street to continue on a month -to -month basis an existing contract in the total amount of $162,796.33 ($161,667.00 + CPI, (fuel $1,129.33) with Republic Collection of recyclable materials. PASSED AYES -9 NOES -0 NO. 17 REPORT OF BIDS CITY COURT FIRE DETECTION /ALARM SYSTEM JOB #0807 ELLICOTT DISTRICT I advertised for on February 7, 2012, and received the following formal sealed bids for City Court, Fire Detection /Alarm System Replacement, which were publicly opened and read on February 22, 2012. Weydman Electric $684,640.00 747 Young, Tonawanda, NY Frey Electric $845,000.00 100 Pearce, Tonawanda, NY Goodwin Electric $915,195.70 201 S Youngs, Williamsville, NY CIR Electrical Construction $978,000.00 400 Inham, Buffalo, NY I hereby certify that the foregoing is a true and correct statement of all bids received and that Weydman Electric, with a bid of Six Hundred Eighty Four Thousand Six Hundred Forty and 00/100 Dollars ($684,640.00) is the lowest responsible bidder in accordance with the plans and specifications. Funding for this project is available as follows: $269,324.24 from account 31950006 445100; $329,463.60 from account 30320306 445100; $76,500.00 from account 33320306 445100; $9,352.16 from account 34323106 445100 - Buildings. Mr. Smith moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated March 14, 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 for City Court fire detection /alarm system in the Total amount of $684,640.00 to Weydman Electric, to be funded through Accounts 31950006 445100; 30320306 445100:33320306 445100; and34323106 44510C - Buildings. PASSED AYES -9 NOES -0 NO. 18 APPOINT ARCHITECT (PERM)(STEP 1)(FANARA) Certificate of Appointment Appointment effective March 9, 2012 in the Department of Public Works, Parks & Streets, Division of Buildings to the Position of Architect Permanent Competitive Step 12 Starting Salary of $52,799. Joseph Fanara, 950 Delaware Avenue Apt 12, Buffalo 14209 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 19 APPOINT ENGINEERING AIDE (PERM)(STEP 5)(ZIEMBA) Certificate of Appointment Appointment effective March 9, 2012 in the Department of Public Works, Parks & Streets, to the Position of Engineering Aide Permanent Competitive Step 5 Starting Salary of $37,249. Joseph Ziemba, 12 Fields Avenue, Buffalo 14210. REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 20 APPOINT LABORER II (PERM)(SECOND STEP)(LEGRAND) Certificate of Appointment Appointment effective March 6, 2012 in the Department of Public Works, Parks & Streets, Division of Buildings to the Position of Laborer II Permanent Non - Competitive Step 2 Starting Salary of $31,221. James Legrand, 48 Glenwood Avenue, Buffalo 14208 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF POLICE NO. 21 DRUG ASSET FORFEITURE WIRE TRANSFERS PRIOR COUNCIL REFERENCE: Item No. 104, C.C.P. 2/28/88 11 -DEA- 552710 C2 -11 -0161 1,295.58 11 -DEA- 552420 C2 -11 -0148 724.86 11 -DEA- 552782 C2 -10 -0081 595.16 11 -DEA- 553928 C2 -11 -0169 1,603.38 11 -DEA- 549838 C2 -11 -0136 2,231.58 11 -DEA- 553426 C2 -11 -0166 315.03 11 -DEA- 554209 C2 -12 -0001 1,598.58 11 -DEA- 554143 C2 -11 -0171 3,884.58 10 -DEA- 531076 C2 -10 -0101 4,119.11 11 -DEA- 554144 C2 -11 -0171 2,021.58 11 -DEA- 554534 C2 -11 -0171 2,283.18 09- FBI - 002652 245D -BF -39564 6,215.68 09- FBI - 002652 245D -BF -39564 4,745.00 (15% SAFF) UCSEQSH2011090100028801 3,628.19 UCSEQSH2011090100028901 679.33 UCSEQSH2011090100029001 313.65 UCSEQSH2009090100006601 3,951.20 TOTAL $40,205.65 The Drug Enforcement Administration (DEA) U.S. Customs and /or the FBI has administratively forfeited the above referenced property. The funds were received by this Department through wire transfers and duly deposited in the Trust & Agency Account, #20010000- 389001. 15% of the DEA funds have been deposited into SAFF accounit10465 for fulfilling year 6 expenditures under SAFF legislation. The remaining funds will be placed into one or more of the following accounts as deemed necessary by the Commissioner of Police: Educational Training /Seminar, Confidential Funds, Materials and Supplies, Firearms and Weapons, Communications and Computers, Electrical Surveillance, purchase of Services, Improvements, Vehicles, Operating Equipment If you have any questions regarding the above mentioned, please contact Inspector Joseph Strano at 851 -4624. RECEIVED AND FILED FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT & INSPECTION SERVICES NO. 22 FOOD STORE (NEW) 481 ABBOTT (SOUTH) 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 481 Abbott (7- Eleven Inc, /David Fenton) and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collection Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Mr. Smith moved that the above communication be received and filed; and That the Commissioner of Permits and Inspections Services is hereby authorized pursuant m Chapter 194 of the City Code to issue a Food Store License to 7- Eleven, Inc. /David Fenton located at 418 Abbott. PASSED AYES -9 NOES -0 NO. 23 FOOD STORE (NEW) 975 ABBOTT (SOUTH) 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 975 Abbott (7- Eleven Inc. /David Fenton) and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collection Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Mr. Smith moved that the above communication be received and filed; and That —the Commissioner of Permits and Inspections Services is hereby authorized pursuant to Chapter 194 of the City Code to issue a Food Store License to 7- Eleven, Inc. /David Fenton located at 975 Abbott. PASSED AYES -9 NOES -0 NO. 24 FOOD STORE (NEW) 2065 DELAWARE (DELAWARE) 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 2065 Delaware (7- Eleven Inc. /David Fenton) and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collection Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION. NO. 25 FOOD STORE (NEW) 398 DINGENS (LOVEJOY) Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 398 Dingens (7- Eleven Inc. /David Fenton I 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 be received and filed; and That the Commissioner of Permits and Inspections Services is hereby authorized pursuant to Chapter 194 of the City Code to issue a Food Store License to 7- Eleven, Inc. /David Fenton located at 398 Dingens. PASSED AYES -9 NOES -0 NO. 26 FOOD STORE (NEW) 304 ELMWOOD (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 304 Elmwood (7- Eleven Inc. /David Fenton) and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collection Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Mr. Smith moved that the above communication be received and filed; and That the Commissioner of Permits and Inspections Services is hereby authorized pursuant to Chapter 194 of the City Code to issue a Food Store License to 7- Eleven, Inc. /David Fenton located at 304 Elmwood. PASSED AYES -9 NOES -0 NO. 27 FOOD STORE (NEW) 3215 MAIN (UNIVERSITY) 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 3215 Main (7- Eleven Inc. /David Fenton) and find that as to form is correct, f 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. 28 FOOD STORE (NEW) 355 MILITARY (NORTH) Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 355 Military (7- Eleven Inc. /David Fenton) and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collection Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Mr. Smith moved that the above communication be received and filed; and That the Commissioner of Permits and Inspections Services is hereby authorized pursuant to Chapter 194 of the City Code to issue a Food Store License to 7- Eleven, Inc. /David Fenton located at 355 Military. PASSED AYES -9 NOES -0 NO. 29 FOOD STORE (NEW) 959 NIAGARA (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 959 Niagara (7- Eleven Inc. /David Fenton) and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collection Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Mr. Smith moved that the above communication be received and filed; and That the Commissioner of Permits and Inspections Services is hereby authorized pursuant to Chapter 194 of the City Code to issue a Food Store License to 7- Eleven, Inc. /David Fenton located at 959 Niagara. PASSED AYES -9 NOES -0 NO. 30 FOOD STORE (NEW) 281 PARKSIDE (DELAWARE) 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 281 Parkside (7- Eleven Inc. /David Fenton) and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collection Office I find it complies with all regulations and other applicable laws This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION. NO. 31 FOOD STORE (NEW) 595 PROSPECT (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 595 Niagara (7- Eleven Inc. /David Fenton) and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collection Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Mr. Smith moved that the above communication be received and filed; and That the Commissioner of Permits and Inspections Services is hereby authorized pursuant to Chapter 194 of the City Code to issue a Food Store License to 7- Eleven, Inc. /David Fenton located at 595 Prospect. PASSED AYES -9 NOES -0 NO. 32 FOOD STORE (NEW) 1971 SOUTH PARK (SOUTH) 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 1971 South Park (7- Eleven Inc. /David Fenton) and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collection Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Mr. Smith moved that the above communication be received and filed; and That the Commissioner of Permits and Inspections Services is hereby authorized pursuant to Chapter 194 of the City Code to issue a Food Store License to 7- Eleven, Inc. /David Fenton located at 1971 South Park. PASSED AYES -9 NOES -0 NO. 33 FOOD STORE (NEW) 388 AMHERST (NORTH) Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 388 Amherst (Lucy Take Out & Variety Store /Naima Tesfu) 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 be received and filed; and That the Commissioner of Permits and Inspections Services is hereby authorized pursuant to Chapter 194 of the City Code to issue a Food Store License to Lucy Take Out & Variety Store /Naima Tesfu located at 388 Amherst. PASSED AYES -9 NOES -0 NO. 34 FOOD STORE (NEW) 1727 SOUTH PARK (SOUTH) 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 1727 South Park (South Park Pizza and Deli /Ali Hazam Al Jamali) 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 be received and filed; and That the Commissioner of Permits and Inspections Services is hereby authorized pursuant to Chapter 194 of the City Code to issue a Food Store License to South Park Pizza and Deli /Ali Hazam Al Jamali located at 1727 South Park PASSED AYES -9 NOES -0 NO. 35 SIDEWALK CAFE 212 PEARL ST (AKA 127 FRANKLIN) NEW OWNER Pursuant to Chapter 150 of the City of Buffalo Ordinance please be advised that I have examined the attached application for a Sidewalk Cafe License located at 212 Pearl St (aka 127 Franklin) Courtyard Restaurant and find that as to form is correct. The attached application is thereto for 212 Pearl St. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 36 SIDEWALK CAFE 11953 SENECA ST NEW OWNER Pursuant to Chapter 150 of the City of Buffalo Ordinance please be advised that I have examined the attached application for a Sidewalk Car6 License located at 1953 Seneca St (Dairy King) and find that as to form is correct. This Sidewalk Cafe had been previously approved by the Common Council. I find it complies with all regulations and other applicable laws. The attached application is thereto for 1953 Seneca. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION. NO. 37 USED CAR DEALER 1657 BROADWAY (LOVEJOY) 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 1657 Broadway 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; 1 find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department Into the moral character of Mikhil Yuzbashev the attached thereto for Mikhil Yuzbashev /dba Grant Vinokur Inc. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION. FROM THE COMMISSIONER OF ADMINISTRATION, FINANCE POLICY & URBAN AFFAIRS NO. 38 SECOND QUARTER GAP The Office of Administration and Finance submits the Second Quarter Gap The projection reflects revenues coming in positive due to Sales Tax trending higher than budgeted and an increase in miscellaneous revenues such as auction sales and rent City expenses are anticipated to be favorable due to warm winter months and; the savings from Purchase of salt and overtime and other personnel expenses. While e positive variance is reported, these funds will reduce the amount of fund balance required to balance the year end budget. REFERRED TO THE COMMITTEE ON FINANCE FROM THE COMMISSIONER OF PARKING NO. 39 TRIAL AGREEMENT WITH DUNCAN SOLUTIONS Over the last six months our office has researched numerous options to enhance our parking equipment, increase revenues, and provide better customer service to our parkers. We have been visited by numerous companies that propose technological solutions such as pay by cell technology, single head meters with credit card options and pay and display technology. At this time I am requestin Your Honorable Body to grant our department permission to enter into a 90 day trial agreement with Duncan Solutions. We will be installin 5 single head meters in various locations that have been determined based on usage patterns. These meters differ dramatically from our current single head meters. They are easier to program, accept coin and credit card and we will be able to download all the parking information daily. This will better track revenues as well as parking patterns. The goals of this trial are to assess the functionality, dependability, service, and ease of use for the consumer as well as our meter mechanics. We will also be assessing the impact on revenues and comparing them to our current revenue trends. Finally we will assess the performance of Duncan Liberty Single Head Meters to our current Pay and Display Meters. We also anticipate in the future entering into other trial agreements with other companies to test their equipment as well. At the conclusion of the trials we will be issuing an RFP for the desired equipment. Mr. Smith moved: That the above communication from the Commissioner of Parking dated March 15, 2012, be received and filed; and That the Common Council hereby authorizes the Commissioner of Parking to enter into a 90 -day trail agreement with Duncan Solutions to install 5 single head meters in various locations. PASSED AYES -9 NOES -0 FROM THE BUFFALO SEWER AUTHORITY NO. 40 BUFFALO SEWER AUTHORITY LONG TERM CONTROL PLAN - CSO ABATEMENT PROJECT; DESIGNATION AS LEAD AGENCY FOR COORDINATED SEQRA REVIEW, The Buffalo Sewer Authority (the "BSA ") is in the process of developing a Long Term Control Plan ( "LTCP ") which will require implementation Of related capital improvement projects to address and abate combined sewer overflows within the BSA's sewer system (the project ). The BSA is currently preparing the LTCP for submittal to the New York State Department of Environmental Conservation ( "NYSDEC ") and the United States Environmental PrOteetion Agency ( "USEPA) for review and approval. Enclosed please find a copy of the Full Environmental Assessment Form - Part I ( "EAF ") and Coastal Assessment form, prepared with the assistance of the BSA'S consultant that provides additional information about the Project. The BSA has determined that the Project constitutes a "Type I" action, as defined by 6 NYCRR § 617.2, and the New York State Environmental Quality Review Act ( "SEQRA "). Pursuant to SEQRA, agencies that undertake, fired o1' approve an action must evaluate the project's potential impact on the environment. When two 01" more agencies are involved in the review of a Type 1 action, a lead agency is designated to coordinate the environmental review process and assure Compliance with the requirements of SEQRA. The BSA has identified your agency as one of the potentially involved or interested agencies for this action. On March 7, 2012, the BSA Board of Directors adopted a resolution declaring itself Lead Agency for the environmental review of the Project. Pursuant to SEQRA, please be advised that you have 30 days from the date of this letter to object to the BSA's' role as Lead Agency. During that time, the BSA will begin its environmental review of the Project. For more information contact me or Oluwole A. McFoy, P.E. at 716 - 851 -4664. RECEIVED AND FILED NO. 41 STATE ENVIRONMENTAL QUALITY REVIEW FULL ENVIRONMENTAL ASSESSMENT FORM to address and abate combined sewer overflows Purpose: The full EAF is designed to help applicants and agencies determine, in an orderly manner, whether a project or action may be significant. The question of whether an action may be significant is not always easy to answer, Frequently, there are aspects of a project that are subjective or unmeasurable It is also understood that those who determine significance may have little or no formal knowledge of the environment or may not be technically expert in environmental analysis. In addition, many who have knowledge in one particular area may not be aware of the broader concerns affecting the question of significance. The full EAF is intended to provide a method whereby applicants and agencies can be assured that the determination process has been orderly, comprehensive in nature, yet flexible enough to allow introduction of information to fit a project or action. Full EAF Components: The full EAF is comprised of three parts: Part 1 :Provides objective data and information about a given project and its site- By identifying basic project data, it assists a reviewer in the analysis that takes place in Parts 2 and 3. Focuses on identifying the range of possible impacts that may occur from a project or action. It provides guidance as to whether an impact is likely to be considered small to moderate or whether it is a potentially -large impact. The form also identifies whether an impact can be mitigated or reduced. If any impact in Part 2 is identified as potentially - large, then Part 3 is used to evaluate whether or not the impact is actually important. THIS AREA FOR LEAD AGENCY USE ONLY DETERMINATION OF SIGNIFICANCE. Type 1 and Unlisted Actions Identify the Portions of EAF completed for this project: [] Part1 [] Part2 []Part 3 Upon review of the information recorded on this EAF (Parts 1 and 2 and 3 if appropriate), and any other supporting information, and considering both the magnitude and importance of each impact, it is reasonably determined by the lead agency that: []A. The project will not result in any large and important impact(s) and, therefore, is one which will not have a significant impact on the environment, therefore a negative declaration will be prepared, Although the project could have a significant effect on the environment, there will not be a significant effect for this Unlisted Action because the mitigation measures described in PART 3 have been required, therefore a CONDITIONED negative declaration will be prepared,' The project may result in one or more large and important impacts that may have a significant impact on the environment, therefore a positive declaration will be prepared. 'A Conditioned Negative Declaration is only valid for Unlisted Actions Buffalo Sewer Authority Combined Sewer Overflow Long Term Control Plan Name of Action Buffalo Sewer Authority Name of Lead Agency General Manager RECEIVED AND FILED NO. 42 NEW YORK STATE DEPARTMENT OF STATE COASTAL MANAGEMENT PROGRAM ASSESSMENT FORM Coastal Assessment Felon A, INSTRUCTIONS (Please print or type all answers) State agencies shall complete this CAF for proposed actions which are subject to Part 600 of Title 19 of the NYCRR This assessment is intended to supplement other information used by a state agency in making a determination of significance pursuant to the State Environmental Quality Review Ate (see 6 NYCRR, Part d 17. If it is determined that a proposed action will not have a significant effect on the environment this assessment is intended to assist a state agency m complying with the certification requirements of 19 NYCRR Section 600.4, If any question in Section C on this fO1 Ta is answered "yes ", then the proposed action may affect the achievement of the coastal policies contained in Article 42 of the Executive Law. Thus the action should be analyzed in more detail and, if necessary, modified prior to either (a) making a certification of consistency pursuant to 19 NYCRR Part COO or, (b) making the findings required under SEAR, 6 NYCRR, Section 617.1 I, if the action is one for which an environmental impact statement is being prepared. If an action cannot be certified as consistent with the coastal policies, it shall not be undertake. 3. Before answering the questions in Section C, the preparer of this form should review the coastal policies contained in I NYCRR Section 600.5. A proposed action should be evaluated as to its significant beneficial and adverse effects upon the coastal area. B. DESCRIPTION OF PROPOSED ACTION 1. Type of state agency action (check appropriate response): (a) Directly undertaken (e.g. capital construction, planning activity, agency regulation, land transaction', x (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, license, certification 2. Describe nature and extent of action: The Action Is the development of a plan to eliminate and abate combined sewer overflows for the entire City of Buffalo. The impacts of specific infrastructure projects will be considered to the extent known as the plan 4. If an application for the proposed action has been filed with the state agency, the following information shall be provided: (a)Name of applicant: Buffalo Sewer Authority (b) Mailing address: 103g city Hall, 65 Niagara Street, Buffalo, NewYork14202 (c)Telephone Number: Area Code ( 716 ) 851 -4664 (d) State agency application number: 5. Wig the action he directly undertaken, require funding, or approval by a federal agency? Yes X No If yes which federal agency? US Environmental Protection Agency, US Army Corps of Engineers C. COASTAL ASSESSMENT (Check either "YES" or "NO" for each of the following questions) REST AVAILABLE FOR REVIEW IN THE CITY CLERK'S OFFICE RECEIVED AND FILED FROM THE CITY CLERK NO. 43 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 716 Elmwood Cecelia's Ristorante 716 Elmwood Inc. 1553 Hertel Del Denby's Inc. Del Denby's Inc 1634 Bailey Kasual Korner Sports Bar Dennis Browning Washington & Clinton Mide D at the Lafayette Hotel Great City Food 888 Main CoCo By LeMetro Kateri LOM • LLC 2179 Niagara 2179 Niagara Street LLC 2179 Niagara Street LLC 1292 Hertel Romeo Juliets Cafe Romeos Bakery Cafe Inc RECEIVED AND FILED NO 44 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: Common Council- Stacey Masullo RECEIVED AND FILED. NO. 46 REPORTS OF ATTENDANCE I transmit herewith communications received by me, from the various boards, commissions, agencies and authorities reporting the membership attendance at their respective meetings: Buffalo Sewer Authority RECEIVED AND FILED NO. 46 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 3/12/12 in the Department of Mayor's Office of Strategic Planning Division of Environmental to the Position of Director of Environmental Affairs Provisional Open- Competitive Minimum Starting Salary $52,142. Nadine Marrero, 703 W. Ferry St., Apt C3, Buffalo 14222 Certificate of appointment Appointment effective 3/5/12 in the Department of Parking Division of Parking to the Position of Laborer II Permanent Non - Competitive Minimum Starting Salary $22,423. Philip J. Marino, Jr., 56 Highgate Avenue, Buffalo 14214 Certificate of appointment Appointment effective 3/13/12 in the Department of Public Works, Parks & Streets Division of Buildings to the Position of Senior First Class Stationary Engineer Temporary Appointment Flat Starting Salary $15.00 Michael McCool, 53 Oakhurst Rd, Buffalo 14220 NON - OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON - OFFICIAL COMMUNICATIONS NO. 47 BUFFALO WATER BOARD MONTHLY REPORT - FEBRUARY 2012 COPY AVAILABLE FOR REVIEW IN THE CITY CLERK'S OFFICE RECEIVED AND FILED NO. 48 LP CIMINELLI -BOARD PACKET DOCUMENTS -MARCH 2012 Deputy City Clerk Gerald Chwalinski Program Packaging and Development Services (PPDS) Provider March 6, 2012 Board Packet Documents Attached are the following documents from the Joint Schools Construction Board meeting scheduled on March 5, 2012: 1. Draft Agenda 2. Meeting Minutes from JSCB Meeting dated February 8, 3. Fully Executed Phase IV Application and Certificate for Payment No. 43 - January 2012 4. Fully Executed Phase V Application and Certificate for Payment No. 26 - January 20 5. Phase IV Application and Certificate for Payment No. 44 - February 2012 6. Phase V Application and Certificate for Payment No. 27 - February 7. Program Packaging and Development Services (PPDS) Provider Update 8. Bevlar & Associates Inc. Construction Contract Monitoring and Compliance Services Monthly Report for Addendum 1 Phase IV Project- January 2012 9. Bevlar & Associates Inc. Construction Contract Monitoring and Compliance Services Monthly Report for Addendum 1 Phase V Project- January 2012 10. Inclusion Development Associates, Inc. Construction Contract Compliance Monitoring Monthly Report for Phase IV - January 2012 11. Compliance & Administrative Services of New York Compliance Monthly Report for phase V - January 2012 COPY AVAILABLE FOR REVIEW IN THE CITY CLERK'S OFFICE REFERRED TO THE SPECIAL CONNITTEE EDUCATION NO. 49 R. FONTANA -S. COLON - REQUEST TO SPEAK BEFORE MEMBERS OF THE COUNCIL 2012 12 2012 Dear Council President Fontana; Please accept this letter as our intent to speak before the members of Buffalo's Common Council on City of Buffalo consideration to divestment city funds from JP Morgan Chase. Affordable, permanent, transparent and timely mortgage modifications using principal reduction are necessary to protect New York families, communities, and economy. A variety of experts - from the Chair of the FDIC to the State Foreclosure Prevention Working Group (made up of State Attorneys General and state banking regulators) have made this point during the last several years. As they country's third - largest mortgage servicer, Chase has a major responsibility to modify mortgages - a responsibility at which they are failing. Chase must come into line with best practices. Chase must put in a place a mortgage modification process that produces permanent, affordable, transparent, timely modifications whenever these have a positive net present value. These modifications must include principal write -downs and interest rate reductions for the life of the loan. Loans must be considered for modification before foreclosure may be initiated, and any foreclosure proceeding must be frozen (including all steps of the foreclosure process, not just sales) if there is a request for a loan modification and while loans arc being considered for modification and during any appeal. Chase should issue a new portfolio loan at affordable terms for any borrower where agreements with investors preclude the needed modification. For any junior /second lien that is entirely underwater, the lien must be written off. Costs and fees charged during the modification or foreclosure process cannot be added to the new loan. NYCC believes that, given its large market share, Chase's reliance on proprietary modifications is hurting New York homeowners. In addition, principal reduction is a tool that is not being used in New York to help families keep their homes, and this must change. We at NYCC along with our allied organizations are calling on Chase to do the following: 1) Stop all filed and unfiled foreclosure actions until a mutually acceptable, timely, and transparent mortgage modification process is in place and an independent appeals process is in place as defined below. 2) Put in a place a mortgage modification process which produces permanent, affordable, transparent, timely modifications whenever these have a positive net present value. These modifications must include principal write -downs and interest rate reductions for the life of the loan. Loans must be considered for modification before foreclosure may be initiated, and any foreclosure proceeding must be frozen (including all steps of the foreclosure process, not just sales) if there is a request for a loan modification and while loans are being considered for modification, and during any appeal. Chase should issue a new portfolio loan at affordable terms for any borrower where agreements with investors preclude the needed modification. For any junior /second lien that is entirely underwater, the lien must be written off. Costs and fees charged during the modification or foreclosure process cannot be added to the new loan. 3) Pay for an independent reviewer and pay for borrower representation for an independent appeal process for all mortgage modification requests that are denied by the bank, for those modification proposals where the borrower believes the new terms to be unaffordable, and for completed foreclosures where the property has not yet been sold by the bank. 4) Pay restitution to homeowners who lost their properties unfairly - that is when a modification under the above terms would have been possible. If Chase is still in possession of the home, Chase must return the home to the homeowner if a mortgage modification is possible under the terms above. 5) Release data about Chase's proprietary and HAMP mortgage modifications to the City Comptroller and the State Banking Commissioner. The data to be provided must include the amount and percentage change in interest rate and principal, the length of the interest rate reduction, the front and back end loan to value ratios, the standard variables used in the net present value tests, reasons why people were rejected from getting HAMP and /or propriety modifications, and re- default rates with this information coded by race and zip code. In order to show Chase that mortgage modifications -and the prevention of foreclosures are imperative— the City of Buffalo should: 1) City of Buffalo should close all bank accounts and stop all transactions that are processed through Chase Bank. 2) City of Buffalo should agree to not use Chase in any wav as they issue bonds. Members from NYCC look forward in an opportunity to present to the Buffalo Common Council on this issue. Please let us know if Tuesday March 13 Council Meeting works for the council members. For any questions please contact us at (518) 595 -4581 or email hmiller @nycommunities.org REFERRED TO THE COMPTROLLER NO. 60 J. GOLOMBEK & ALL COUNCILMEMBERS- OPPOSITION TO CONSTRUCTION OF A NEW ECC SCIENCE BUILDING IN AMHERST Dear County Executive Poloncarz: We, the undersigned Members of the City of Buffalo Common Council, are writing to request that you withdraw your support for the proposed construction of a new ECC Science Building at the ECC North Campus in Amherst. As a City, County and region, we continue to struggle to overcome a legacy of poor planning decisions made by our predecessors. From the perspective of many, the decision to construct the main University at Buffalo campus in the northern suburbs, far away from our region's historical and economic center, ranks chief amongst them. Construction of a new science facility in Amherst, rather than a more centralized regional location such as the ECC City Campus near the Buffalo- Niagara Medical Center, would be the latest hi a long -line of critical planning mistakes that have plagued our region. From the beginning, ECC officials have pitched this proposed $30 million building as a future home for the college's health- sciences programs. Recent public pronouncements by ECC leaders however, are now suggesting that the programs to be housed in the facility are "fluid." The sudden "fluidity" of this project appears directly related to a desire to maintain a financially unsustainable 3 campus community college system, the only one in the entire State of New York, with its hub in Amherst, despite significant population loss and increasing calls to consolidate the ECC campuses downtown. At a time when other regions across the country are acknowledging the inevitable long -term negative economic and environmental impacts of "sprawl" development and enacting zoning and planning schemes to actively discourage sprawl, Erie County appears poised to actively encourage and fund it in the amount of $7.5 million. The construction of this facility in Amherst is also a poor use of taxpayer money in that it will reinforce the fragmented nature of our local health- sciences industry, at a time when the City of Buffalo, State of New York, University at Buffalo and other public and private partners have been actively attempting to develop a regional "heath- sciences" cluster centered around the burgeoning Buffalo Niagara Medical Campus. Building this facility in Amherst would also do a great disservice to students of ECC, who would surely benefit from attending courses in downtown Buffalo in close proximity to where real -world experience in their chosen career path can easily be gained. This proposed ECC Science Building is an unprecedented opportunity to link health sciences students in Erie County to the job, internship, and networking opportunities of the Buffalo Niagara Medical Campus. While we are aware that the City of Buffalo is not the only constituency that you represent and you are most likely under pressure from Amherst and ECC officials to support this project, locating this project in Amherst is simply not in the best long -term interest of the people of Erie County or the Western New York region. ECC's own mission statement says the college "strives toward a future where education is accessible and convenient to all," yet its North Campus is conveniently accessible to only people who have automobiles. For the aforementioned reasons, we ask you to heed the calls of planning experts, Young Citizens for ECC and other community groups to withdraw your support for construction this project in Amherst. We look forward to continued dialogue with yourself and Erie County on this and further issues of importance to our region, and thank you in advance for your anticipated response to this request. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 61 J. GOLOMBEK- PROPOSED ORD AMEND - CHAPTER 263 - OPERATON OF BUSINESS Dear Gerald, I ask that you file the attached proposed ordinance amendment changes to Chapter 263 -39 and Chapter 263 -40 for discussion at the March 20, 2012 Common Council meeting. I thank you for your time and consideration on this matter. If you have any further questions, please feel free to contact me at 851 -5116. Sincerely, Joseph Golombek Jr. North District Council Member A. The owner /operator of any establishment licensed by the City of Buffalo shall comply with all provision of federal, state and local laws and ordinances relating to the conduct of the business, use and maintenance of the premises. B. The owner /operator of any establishment licensed by the City of Buffalo shall comply with all notices, orders, decisions and rules and regulations made by the Department of Permit and Inspection Services, Buffalo Police Department or any other City of Buffalo Department and /or Agency. C. Any person, firm, corporation or other entity violating the provisions of this chapter may be liable for penalties as prescribed in Chapter 137 Article I of this Code, and may be subject to immediate closure by the Buffalo Police Department and /or the Department of Permit and Inspection Services: an Administrative Hearing will be scheduled within sixty (60) days of said immediate closure. Chapter 263 -40 Closure for operation without license. A. Any establishment operating without the required City of Buffalo license shall be immediately closed by order of the Buffalo Police Department or the Department of Permit and Inspection Services. Every day of operation without a license shall constitute a separate violation. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 52 J. GOLOMBE -B. RADLE- SUPPORT CTR OF ACADEMIC EXCELLENCE TO ECC CITY CAMP. I ask that you file the attached speech, given by Ms. Bernice Radle to the Board of Directors of Buffalo Place, which was presented on March 14, 2012. 1 ask that the speech be filed for discussion at the March 20, 2012 meeting of the Buffalo Common Council. I thank you for your time and consideration on this matter. If you have any further questions, please feel free to contact me at 851 -5116. Address by Bernice Radle to the Board of Directors of Buffalo Place, Inc. March 14, 2012 Hello, my name is Bernice Radle and I am co -chair of Young Citizens for ECC an advocacy group for Erie Community College. We are here to seek your support for bringing ECC's proposed Center for Academic Excellence to the City Campus. We believe the future of Erie Community College is in downtown Buffalo. The City Campus is most accessible educational environment in Western New York, yet is still the smallest of ECC's three - campus system. ECC's mission statement states the college "strives toward a future where education is accessible and convenient to all." With 31 % of all households in the City having no access to an automobile, we are befuddled that expansion of an Amherst campus conveniently accessible only by car is even being considered. We believe to broaden access in keeping with ECC's mission, the proposed $30 million campus expansion should occur in downtown where it can be accessible to transit - dependent students. 45 Oak, 100 North Division, 201 Ellicott, 853 Washington. These addresses are directly under public control and compose over 6 acres of vacant or underutilized land area, enough space for 10 of the buildings ECC has proposed. There is plenty of room to grow in downtown Buffalo, contrary to claims put forward by the college's Board of Trustees The case for centralizing college facilities in downtown Buffalo is overwhelming, with evidence from cities like Eugene, Savannah, Spartanburg, Louisville, and New Haven that downtown community college campuses have the greatest capacity to add value to the region's economy. Niagara County Community College recently announced it will embark on a hip, transit - accessible culinary campus in downtown Niagara Falls, where vacant and underutilized building stock will be repurposed for cutting -edge classroom space. This is the model to follow. This is the right thing to do. The smart growth solution to ECC expansion is to build in the regional hub, not in isolated suburban locations. We hope you will lend your voice to this issue and urge County Executive Mark Poloncarz to bring ECC's facility expansion to downtown Buffalo where it belongs. Thank you. REFERRED TO THE COMMITTEE ON LEGISLATION. NO. 53 M. KEARNS -S. CONNARE- CONCERNS MIDDLE EARLY COLLEGE HS Hello Mr. Kearns, You may know that the Buffalo Board of Education is currently considering a proposal to phase out Buffalo's Middle Early College High School. Because of pressing financial concerns, there's movement to make the decision so quickly that very recently, before MECHS administrators had learned a phase out was in consideration, letters were received by families of 8 th graders who'd applied to the school for next year, telling the families that admissions to the school are on hold. I and many, many other parents at MECHS think this action is precipitous. Our own children won't be directly affected if the phase out takes place, but we believe that ending the program would be a grievous loss for Buffalo. If you think you might be able to assert influence on any Buffalo school board member, will you please ask them to consider slowing down this process? Will you please also consider talking to anyone else in the Buffalo community who might be able to help? Principal Susan Doyle has said that she'd be happy to answer questions or take suggestions, at 851 -3763. Below are some of my observations about the situation. Thank you very much for your attention. Sincerely, Sharon Connare The Middle Early College High School program in my opinion has four special strengths: small size, high expectations, strong staff, and key aid in transitioning to college for first - generation college attendees. The school also fills a crucial niche in Buffalo, in my opinion, by targeting middle - achievers. These students, who traditionally receive neither the degree of attention special education students rightfully receive, nor the satisfaction of high grades and honors, represent, I think, the largest segment of the Buffalo schools population, and for that reason I believe the successes that MECHS affords them have the potential to reverberate and offer vital encouragement within a very large group. My daughter attended Bennett High School last year at the beginning of 9th grade. I'm convinced that if she'd stayed at Bennett, or indeed if she were attending almost any school in the Buffalo system other than MECHS, she'd be failing now and in danger of dropping out. Instead, though she's classified as learning - disabled, she's passing all her courses on a par with non - disabled students, and she and I are increasingly hopeful about her future. As an active member of the school Site Based Management Team, I've observed MECHS behind the scenes. To increase math success for the many students who come to the school poorly prepared, the school, which already serves its students well by requiring four years of math, is developing, with the assistance of educator Jim Connelly, a program that will de- emphasize Regents math in favor of direct preparation for college math. To me, this pro- active approach to a difficult problem speaks to the positive energy that's typical of the school. I've noted wonderful collaboration among the MECHS staff. For example, a daily 'Focus' period is built into the program for 9th and 10th graders. Teachers brainstorm a yearly plan to take turns presenting two -week mini - courses intended to assist the students in rising to the school's expectations. Topics, which change as teachers share ideas, have included public speaking, American Sign Language, fairy tales, conflict resolution, sexuality, and resume - writing. There's a similar period, called 'Seminar,' for 11 th graders, who've completed 6 credits in college art in 10 grade, and are now taking college -level history and science. In my opinion, creative collaboration among teachers signals a vibrant program that will adjust and improve as its circumstances evolve. In the belief that nurturing young peoples' inclination to help others enhances their success in all areas, Buffalo MECHS is increasing its emphasis on community service. Students will begin this year to perform four hours of weekly group community service during their summer programs, in addition to the 25 -hour four -year requirement students must meet in all Middle Early schools. In my third perspective on MECHS, as a PTO member who's spoken to a large number of other parents, I know that MECHS parents deeply appreciate the gradual, carefully - planned introduction to college that MECHS gives our children, so many of whom are first - generation in college. I believe that eliminating the stand -alone MECHS program is unnecessary. I've followed, as closely as I can, news reports about the Say Yes foundation, and it seems to me that helping Buffalo pay for MECHS college tuition would not be outside Say Yes's brief. It appears to me that the middle -early program, of course developed specifically to help urban students, dovetails perfectly with the goals of Say Yes. If we approach Say Yes about MECHS, we'll only need to ask for help with tuition for credit - bearing courses the Say Yes program would probably have covered after the student's high school graduation anyway. Since MECHS students have to apply for and utilize financial aid from outside the board in their fifth year anyway, even administrative obstacles to Say Yes providing aid in the MECHS fifth year would seem to me to be minimal. Can we please table consideration of a MECHS phaseout until we've looked at the idea more carefully? REFERRED TO THE SPECIAL COMMITTEE ON EDUCATION NO. 54 M. LOCURTO- ARTICLE - CONFESSIONS OF A BAD TEACHER Dear Mr. Chwalinski: Please file the attached item for further discussion at the next Common Council session to be held March 20 2012. Thank you in advance for your assistance in this matter. Confessions of a'Bad' Teacher - NYTimes.com By WILLIAM JOHNSON I AM a special education teacher. My students have learning disabilities ranging from autism and attention - deficit disorder to cerebral palsy and emotional disturbances. I love these kids, but they can be a handful. Almost without exception, they struggle on standardized tests, frustrate their teachers and find it hard to connect with their peers. What's more, these are high school students, so their disabilities are compounded by raging hormones and social pressure, As you might imagine, my job can be extremely difficult. Beyond the challenges posed by my students, budget cuts and changes to special - education policy have increased my workload drastically even over just the past 18 months. While my class sizes have grown, support staff members have been laid off. Students with increasingly severe disabilities are being pushed into more mainstream classrooms like mine, where they receive less individual attention and struggle to adapt to a curriculum driven by state - designed high- stakes tests. On top of all that, I'm a bad teacher. That's not my opinion; it's how I'm labeled by the city's Education Department. Last June, my principal at the time rated my teaching "unsatisfactory," checking off a few boxes on an evaluation sheet that placed my career in limbo. That same year, my school received an "A" rating. I was a bad teacher at a good school. It was pretty humiliating. Like most teachers, I'm good some days, bad others. The same goes for my students. Last May, my assistant principal at the time observed me teaching in our school's "self- contained" classroom. A self- contained room is a separate classroom for students with extremely severe learning disabilities. In that room, I taught a writing class for students ages 14 to 17, whose reading levels ranged from third through seventh grades. When the assistant principal walked in, one of these students, a freshman girl classified with an emotional disturbance, began cursing. When the assistant principal ignored her, she started cursing at me. Then she began lobbing pencils across the room. Was this because I was a bad teacher? I don't know. I know that after she began throwing things, I sent her to the dean's office. I know that a few days later, I received notice that my lesson had been rated unsatisfactory because, among other things, I had sent this student to the dean instead of following our school's "guided discipline" procedure. I was confused. Earlier last year, this same assistant principal observed me and instructed me to prioritize improving my "assertive voice" in the classroom. But about a month later, my principal observed me and told me to focus entirely on lesson planning, since she had no concerns about my classroom management. A few weeks earlier, she had written on my behalf for a citywide award for "classroom excellence." Was I really a bad teacher? In my three years with the city schools, I've seen a teacher with 10 years of experience become convinced, after just a few observations, that he was a terrible teacher. A few months later, he quit teaching altogether. I collaborated with another teacher who sought psychiatric care for insomnia after a particularly intense round of observations. I myself transferred to a new school after being rated "unsatisfactory." Behind all of this is the reality that teachers care a great deal about our work. At the school where I work today, my "bad' teaching has mostly been very successful. Even so, I leave work most days replaying lessons in my mind, wishing I'd done something differently. This isn't because my lessons are bad, but because I want to get better at my job. In fact, I don't just want to get better; like most teachers I know, I'm a bit of a perfectionist. I have to be. Dozens and dozens of teenagers scrutinize my language, clothing and posture all day long, all week long. If I'm off my game, the students tell me. They comment on my taste in neckties, my facial hair, the quality of my lessons. All of us teachers are evaluated all day long, already. It's one of the most exhausting aspects of our job. Teaching was a high - pressure job long before No Child Left Behind and the current debates about teacher evaluation. These debates seem to rest on the assumption that, left to our own devices, we teachers would be happy to coast through the school year, let our skills atrophy and collect our pensions. The truth is, teachers don't need elected officials to motivate us. If our students are not learning, they let us know. They put their heads down or they pass notes. They raise their hands and ask for clarification. Sometimes, they just stare at us like zombies. Few things are more excruciating for a teacher than leading a class that's not learning. Good administrators use the evaluation processes to support teachers and help them avoid those painful classroom moments -- not to weed out the teachers who don't produce good test scores or adhere to their pedagogical beliefs. Worst of all, the more intense the pressure gets, the worse we teach. When I had administrators breathing down my neck, the students became a secondary concern. I simply did whatever my assistant principal asked me to do, even when I thought his ideas were crazy. In all honesty, my teaching probably became close to incoherent. One week, my assistant principal wanted me to focus on arranging the students' desks to fit with class activities, so I moved the desks around every day, just to show that I was a good soldier. I was scared of losing my job, and my students suffered for it. That said, given all the support in the world, even the best teacher can't force his students to learn. Students aren't simply passive vessels, waiting to absorb information from their teachers and regurgitate it through high- stakes assessments. They make choices about what they will and won't learn. I know I did. When I was a teenager, I often stayed up way too late, talking with friends, listening to music or playing video games. Did this affect my performance on tests? Undoubtedly. Were my teachers responsible for these choices? No. My best teachers, the ones I still think about today, exposed me to new and exciting ideas. They created classroom environments that welcomed discussion and intellectual risk - taking. Sometimes, these teachers' lessons didn't sink in until years after I'd left their classrooms. I'm thinking about Ms. Leonard, the English teacher who repeatedly instructed me to "write what you know," a lesson I've only recently begun to understand. She wasn't just teaching me about writing, by the way, but about being attentive to the details of my daily existence. It wasn't Ms. Leonard's fault that 15- year -old me couldn't process this lesson completely. She was planting seeds that wouldn't bear fruit in the short term. That's an important part of what we teachers do, and it's the sort of thing that doesn't show up on high- stakes tests. How, then, should we measure students and teachers? In ninth grade, my students learn about the scientific method. They learn that in order to collect good data, scientists control for specific variables and test their impact on otherwise identical environments. If you give some students green fields, glossy textbooks and lots of attention, you can't measure them against another group of students who lack all of these things. It's bad science. Until we provide equal educational resources to all students and teachers, no matter where they come from, we can't say -- with any scientific accuracy - how well or poorly they're performing. Perhaps if we start the conversation there, things will start making a bit more sense. William Johnson is a teacher at a public high school in Brooklyn who writes on education for the Web site Gotham Schools. REFERRED TO THE SPECIAL COMMITTEE ON EDUCATION NO. 55 NYSDEC- AMENDMENTS TO FRESHWATER WETLAND MAPS Amendments to the NYS DEC Freshwater Wetland Maps affecting Erie County Map 12 officially began on February 22, 2012. The enclosed sample letter, addressed to clerks affected by the geographic area where the wetland amendment is located, provides more information. Because you are required by law to make the Freshwater Wetland Maps available to the public and your Map 12 shows the geographic area where the amendment occurred, we want to make sure that your full size map is up -to -date. Enclosed is the full size NYS DEC Wetland Map showing the amendments and Wetland Classification Sheet for Map12. Please destroy other NYS DEC Wetland Maps and Wetland Classification Sheets for Map 12, Buffalo SE Quad. If you have any questions, please do not hesitate to contact me at 518 - 402 -8849 or 0msteven(rgw. dec. state, ny.us Sincerely, Judy Marth Stevens NYS Freshwater Wetland Mapping Coordinator Copy available for review in the City Clerk's office REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 56 S. NORRIS- SUPPORT "BEYOND THE BORDER" As an American of a Canadian (Polish- Canadian, actually) heritage, I hereby duly commend the signing of a document by Canadian Prime Minister Stephen Harper and US President Barack Obama, called "Beyond the Border ", with its explicit and implicit emphasis on integrating our regulatory standard regimes to the highest common denominator. This harmonization drive covers the FDA, ATF and agencies dealing with laws and standards pertaining to food, agriculture, pre - clearance of trucks approaching our common border and roughly 30 other measures to create, in effect, a common North American market, to the degree possible, in order to eliminate redundant duplicity, superfluous paper work or differences for the sake of differences in the false namesake of "independent sovereignty ". Buffalo and Erie Country are directly impacted by the "Beyond the Border" pact as our regions are highly integrated in terms of trade, tourism, sports and religious activities. Essentially, it has recently been reported in the Buffalo News that Canadian cross - border shoppers lifted the Buffalo -based retail economy to the time of $1.313 or 6% of the GDP. This is enormous, therefore highlighting the importance of smoothing and easing trade between our respective nations. One initiative gears up towards making Nexus cards more easily and readily available to both Canadian and American travelers. I would therefore be content to see the Buffalo Common Council endorse my motion (rather than just "Receive and File" for the record) to call upon the US Federal government to implement the clauses and provisions stipulated in the agreement and to further facilitate trade and tourism between Canada and Buffalo. Steve Norris 353 Hoyt St. Buffalo NY 14213 REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT. NO. 57 C. NOUN -THANK YOU DAY FOR ELECTED OFFICIALS Buffalo Common Council: National Thank You Day for Elected Officials in the United States of America is sponsored by Hattie Harris Good Spirits Club International ( HHGSCI). Enclosed is a Proclamation of Appreciation for the Buffalo Common Council presented in the spirit of national fellowship. HHGSCI presents proclamations of appreciation to US elected officials in 50 states and five territories. A community member interested in presenting a Proclamation of Appreciation to a local elected official is invited to contact us. HHGSCI Senior Advisor Mr. Joseph R. Esposito for over 35 years hosted a regional bipartisan reception in the spirit of commraderie and fellowship. HHGSCI is pleased to offer a bipartisan National Thank You Day reception April 25, 2012 in Rochester, New York. HHGSCI will be sponsoring International Thank You Day for Elected Officials and World Leaders November 9, 2012, Friday following Tuesday National Elections in the United States. HHGSCI presents proclamations of appreciation to leaders of 180 countries. Fifty -eight flags from global leaders are available on loan for international celebrations. HHGSCI is pleased to offer a November 9 th International Thank You Day reception in Rochester, New York celebrating global families and international fellowship. We salute elected officials who embrace the privilege to honorably serve in public office; may you continue to contribute to the well -being of America. Sincerely, Christopher P. Noun International Advisor RECEIVED AND FILED NO. 58 D. PRIDGEN- ATTENDANCE REVIEW BOARD Superintendent Amber Dixon Buffalo City Hall Via hand delivery Buffalo Board of Education Buffalo City Hall Via hand delivery Attendance Review Board To The Honorable Members of the Board of Education: I, like you, am very concerned about the student attendance problems currently facing our district. I would like to commend you for recent efforts to call the homes of absent students and other innovative efforts that the district has launched. For years I have advocated for a formal process that identifies chronically truant students and provides the necessary supports to ensure that these children become regular in attendance. I have been researching and constituents have forwarded me information about several models of School Attendance Review Boards. I am encouraging you to consider the creation of a formal board, with subpoena power, to address and assist guardians of chronically absent students. In other localities guardians are only called to a review board after a process of sending letters and personal phone calls have been attempted to correct the absenteeism. A formal board made up of key stakeholders including a parent representative, administrator, teacher, social worker and other appropriate would meet with the guardian to help create a plan and formally agree on a strategy to ensure the student attends school. A formal review board which could divert students with attendance problems from the juvenile justice system and back into the classroom will create a positive change for our entire community and the students. Students, especially elementary children, need our assistance and intervention when the adults in their lives do nm understand the importance of attendance for the development of the child. I encourage you to consider exploration of a School Attendance Review Board for the sake of those students whose future hang in the balance. Thank you very much for what you do for our children. Sincerely, Darius G. Pridgen Ellicott District Councilmember Attached: School Attendance Review Boards, CA Dept of Education REFERRED TO THE SPECIAL COMMITTEE ON EDUCATION NO. 69 SEQR NOTICE PROPOSED LEAD AGENCY DESIGNATION - ECHDC BFLO WTRFRT 226 & 176 FUHRMANN BLVD NEW YORK STATE URBAN DEVELOPMENT CORPORATION d /b /a EMPIRE STATE DEVELOPMENT CORPORATION ERIE CANAL HARBOR DEVELOPMENT CORPORATION STATE ENVIRONMENTAL QUALITY REVIEW NOTICE OF PROPOSED LEAD AGENCY DESIGNATION ECHDC Buffalo Waterfront - Buffalo Outer Harbor Parcel OH 225 Fuhrmann Boulevard and 175 Fuhrmann Boulevard Buffalo, Erie County, New York Erie Canal Harbor Development Corporation ( "ECHDC'), a subsidiary of the New York State Urban Development Corporation, d /b /a Empire State Development Corporation, proposes to serve as lead agency for the environmental review process to be carried out under the New York State Environmental Quality Review Act ('SEO, RA ") and its implementing regulations (6 NYCRR Part 617) in connection with improvements to be made for the project ECHDC Buffalo Waterfront - Buffalo Outer Harbor Parcel OH in Buffalo, New York. The Project is located on two parcels along the Buffalo Outer Harbor, 225 Fuhrmann Boulevard and 175 Fuhrmann Boulevard. The proposed action has been classified as Type 1 Action under the implementing regulations for SEO.RA. It involves the use of funds administered by ECHDC for installation of a one foot -thick soil cap and vegetative cover to protect human health and the environment from organic (PAHs and PCBs) and inorganic (metals) that have been detected in surface and near surface soil (fill) at the Site. The shoreline consists of some rock, broken concrete with exposed reinforcing bar and other construction debris. This material will be removed from the shoreline, and portions of the shoreline stabilized to allow for public access to Lake Erie. The action also includes access roads, parking areas and paved trails for use by the general public. Besides these features, an existing approximately 900 sq ft metal building will be improved to be used for storage and a small public comfort station. The current Site Location Map, Site Survey and a rendering of the proposed action are found attached as Figures 1, 2 and 3. If within thirty (30) days from the mailing of this notification there are no comments from other potentially involved agencies, it will be assumed that your agency has no objections to ECHDC serving as lead agency for the environmental review of the project. A reply form is enclosed for your convenience. Map available for review in the City Clerk's office RECEIVED AND FILED NO. 60 D. SMITH - ARTICLE - RACIAL DIVIDE: MINORITY STUDENTS FACE MORE DISCIPLINE Racial divide: Minority students face more discipline, data reveals By msnbc.com staff and news services Black and Latino students across the United States are far more likely to be suspended than white students - and far less likely to have access to rigorous college -prep courses, according to a sweeping study released on Tuesday by the U.S. Department of Education's Office of Civil Rights. The trove of data collected from 72,000 schools serving 85 percent of the nation's students, revealed tremendous disparities in the public school experiences of minority and white students. Some of the most striking findings involved discipline: one in five African - American boys - and one in 10 African - American girls - was suspended from school during the study period: the 2009 -10 school year. Overall, African - American students are 3 -1/2 times more likely to be suspended or expelled than their white peers. And 70 percent of students arrested or referred to law enforcement for disciplinary infractions are black or Latino the study found. Other researchers have found that students who are repeatedly punished by being barred from campus are far more likely to drop out. Academic opportunities also vary widely by race. Among high schools that serve predominately Latino and African - American students, just 29 percent offer a calculus class and only 40 percent offer physics. In some school districts, those numbers are even more glaring. In New York City, for instance, just 10 percent of the high schools with the highest black and Latino enrollment offer Algebra II. Low income schools trying to retain good teachers may have come up with a solution: teacher apprentices. NBC's Thanh Truong reports. U.S. Education Secretary Arne Duncan was careful to say that his department is "not alleging overt discrimination in some or all of these cases." But he said he hoped the data would prompt soul- searching as educators across the nation confront inequities. "In the big picture, this is really about self - analysis," Duncan said. He urged teachers and administrators to "look in the mirror at the good the bad and the ugly, and figure out what's going on." According to The New York Times. Duncan said education was "the civil rights of our generation." "The undeniable truth is that the everyday education experience for too many students of color violates the principle of equity at the heart of the American promise." Enduring stereotypes That may be easier said than done said Kevin Welner. director of the National Education Policy Center at the University of Colorado at Boulder. The data hint uncomfortably at crude assumptions and enduring stereotypes about "who should be in school, who should be preparing to go to college, who can learn" - and "many of those beliefs stem back from before you or I were born." Welner said. "That's hard to change." Other studies over the decades have found similar racial disparities in student discipline and academic opportunity. But the new report, which Duncan is scheduled to release today in an event at Howard University, is more detailed and comprehensive than most. (The data will be published online here.) NBC News: Education Nation It breaks down the national data district by district and school by school. And it looks at racial disparities in realms as varied as access to pre- kindergarten programs; success in Advanced Placement courses; and the use of physical restraints on students with disabilities. The release of such wide - ranging data "is very important for is if we're to gain the national will to overcome our aversion to looking at race," said Russell Skiba, who directs the Equity Project at Indiana University's School of Education. "It's tough to talk about race. It's awkward. But this data gives us a bit of a road ma 0." The Times reported that the Department of Education has been gathering data on civil rights and education since 1968, but that the Bush administration suspended the project in 2006. It has now been reinstated and for the first time has been collecting data on referrals to law enforcement, which sheds more light on an increasing concern by civil rights advocates that there is a track from schools into prisons for many students of color. The report, known as the Civil Rights Data Collection, seeks to prod change by calling attention to districts that have used what Duncan called "best practices" to reduce inequities. It points, for instance, to a high school in Montgomery County, Maryland, that serves a largely black and Hispanic population - and enrolls those students in physics at an impressive rate. The report also highlights an elementary school in an impoverished neighborhood of Dade County, Florida that enrolls nearly 17 percent of its black and Hispanic students in a program for gifted students, more than triple the national rate. Duncan said he hoped administrators in other districts would ask how those schools had achieved their success, then follow suit. "There are some encouraging things in this data." he said. "Frankly, there are some very troubling things as well. But the only way forward is to know the truth." REFERRED TO THE SPECIAL COMMITTEE ON EDUCATION NO. 61 D. SMITH ARTICLE — RED STATES USE MOST FOOD STAMPS You probably recall reaching for your barf bag when Newt Gingrich called President Obama the "food stamp" president who doesn't like to work. Much worse than being on food stamps, Newt was a lobbyist and you know people choose that lifestyle whereas poor people do not chose to starve. Of course, that's the level of discourse you get in a Republican debate. Fear not, Newt also volunteered to take it to the NAACP to explain to the African American community how he would be a paycheck president instead of a food stamp president, demonstrating that he [s misinformed as to who is actually on food stamps =n addition to who put them there and also how many people are enrolling for food stamps. Needless to say; it's not true that Obama enrolled more people on food stamps than any other president. In fact more recipients were added to the food stamp rolls under Bush than under Obama according to Fact Check. Gingrich goes too far to say Obama has put more on the rolls than other presidents. We asked the U.S. Department of Agriculture's Food and Nutrition service for month -by -month figures going back to January 2001. And they show that under President George W. Bush the number of recipients rose by nearly 14.7 million, Nothing before comes close to that. And under Obama the increase so far has been 14.2 million. To be exact, the program has so far grown by 444,574 fewer recipients during Obama's time in office than during Bush's. They go on to mention that the enrollment has gone down and the economy is getting better, but let us not De distracted in our mission to create a false universe for the Republican base. After all, any time a negative narrative full of untruths is uttered anywhere in the galaxy, Fox News is there to amplify it until you hear it from every single - celled troll on the internet. Fox News has been going on —ne food stamp president with gusto, even including their favorite trick of the Misleading Chart! What's not to like? It smears the President for having to clean up after Bush's economic debacle, it's a racist dog whistle, it implies that black people are on food stamps more than whites (not true), it gives their audience someone new to hate and most importantly, it's easy enough for their propaganda activists to repeat without getting confused. Of course, Fox News doesn't tell their cult are that the people most likely to be on food stamps aren't in blue states like California, but in red states like Mississippi, where more than 21 % are on food stamps. Mississippi is also distinguished as the reddest of the red states, along with Wyoming. In other words, the food stamp users are Fox News' base. Naturally, they hate themselves. Wouldn't you? Fox News must be getting bored with 'food stamp president,' so they're expanding their Bubble now to link food stamp usage to fraud (I can't wait to see James O'Keefe dressed up like a food stamp pimp successfully defrauding the government! Pssst, James: This time, you might want to read up on the law before you play your little reindeer games.). Here's Greg Gutfeld on Fox News The Five saying food stamps are "necessary" but becoming "the liberal alternative to currency." Watch here courtesy of Media Matters: Liberal idea of currency? I think not, sir. It is clearly the currency of welfare red states first and foremost, if we are making such distinctions. Food Stamp Usage Just to be clear, though Fox News is saying you people in Mississippi are defrauding the government. However, it seems it's the retailers ripping of the food stamp program for profit, exchanging food stamps for money at a rate of 50 cents on the dollar. Yes. it's the job creators stealing from the government -- big shock. There goes another colored man stealing from the government meme up in smoke Here's a food stamp reality check from the Wall Street Journal (also owned by Murdoch but apparently Fox News researchers were unable to find this information even though it comes up first on Google for me. a non -Fox watcher) from last November: Food stamp rolls exploded during the downturn which began in late 2007. Even after the recession came to its official end in June 2009, families continued to tap into food assistance as unemployment remained high and those lucky enough to find jobs were often met with lower wages. States also made changes to make it easier for residents to tap into the program such as waiving requirements that limited the value of assets food stamp recipients could own. Yes you read that right. States made it easier for residents to tap into the food stamp program. Is Nikki Haley a food stamp governor? The percentage of the population on food stamps in South Carolina in 2011 was 18.2 percent, up from 2010 when only 7.1 percent were on food stamps. If you want to know who uses the most food stamps, just look to the South. Yes the same South that votes reflexively Republican. In fact, Huffington Post reported in June of 2011 "States with smaller populations participate in food stamp programs most often, particularly in the South where as many as 20 percent of the population is found to use food stamps." Remember it's the states that made the food stamp program easier to tap into. So, if these simpletons want to blame someone for enrolling people for food stamps, they need to start with their beloved Southern states (see: liberty and freedom). However making food available to our citizens shouldn't really be a thing of shame, For example. Mississippi has suffered from disasters like the Gulf Oil Spill that have further hurt their economy and about 1 million disaster victims (e.g., Alabama tornado victims) from several states were added to the rolls in 2011. Should we have let them starve? What say you conservative Fox watchers from Mississippi South Carolina and Alabama -- yes, we should have let you starve or no we did the right thing in lending a helping hand? Also of note the food stared explosion began at the economic downturn, in 2007 (even WSJ admits this factual truth). We recall that there was another dude in the White House then. but Republicans pretend he never existed President Obama explained to Diane Sawyer during an ABC World News interview last night that he doesn't put people on food stamps or make them eligible for them, 'First of all, I don't put people on food stamps. People become eligible for food stamps. Second of a1, the initial expansion of food -stamp eligibility happened under my Republican predecessor, not under me. Number three, when you have a disastrous economic crash that results in 8 million people losing their jobs, more people are going to need more support from government." Good point, Mr. President. Compassion is no longer a Republican value and odder yet is the fact that it is their own base they are attacking. Psychologically, this makes perfect sense for the authoritarian mind set who would be attracted to the modern day Republican Party. It has something to do with deep shame resulting in being very familiar and most comfortable being punished and ridiculed in private, but externalizing that inner hate in order to cope by projecting it onto others whom one can then "hate" with gusto It's a form of scapegoating, but with a darker and sadder overtone emanating as it does from self - loathing and feelings of impotent shame. The self - loathing of Republicans is truly troubling, but so too is the ceaseless compassion of Democrats even as they are scapegoated again and again. After years of being blamed for caring about red states who vote against their own economic interests while they rob blue states blind in federal subsidies, it might be time for some tough love. Fox News and Republicans live in a fantasy world of made up reality where they spend their time pointing their fingers outward lathered up in sanctimonious, self- righteous rage based on lies and paranoia. The 'food stamp president' narrative is just one more lie holding up their false cardboard world. Sadly, they have no idea how absurd and athletic they are because they are too emotionally and mentally distant from reality to recognize it. RECEIVED AND FILED NO. 62 D. SMITH - ARTICLE NO RENOVATIONS TO RALPH WILSON STADIUM Article available for review in the City Clerk's Office REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 63 M. TABER - CLINTON BAILEY CC REQUEST TO SPEAK AT NEXT LEG COMM. MTG I am requesting permission to speak at the next Legislative meeting on March 27. 1 want to express my concerns about the lack of codes and regulations for Goldman Titanium 105 Dorothy St, Buffalo, NY 14206 Sincerely, Mary L. Taber President of Clinton Bailey Comm Assoc REFERRED TO THE COMMITTEE ON LEGISLATION NO. 64 SEQR -708 ELMWOOD SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only NO. 65 S. TOMASELLI - NUGENT PROPOSED AWNING 206 ALLEN (FILL) Dear Honorable Council Members: I appeared before the Council's Legislative committee on February 28, 2012 to request approval for an awning for my restaurant La Tee Da Cafe on Allen Street. The Common Council had unanimously approved this request on March 6, 2012 with no restrictions. I was scheduled to meet with the Preservation Board on February 23, 2012, however, the meeting was cancelled and rescheduled for March 8, 2012, at which I made a presentation on the proposed awning. At the meeting on March 8, 2012, my request for said awning received an affirmative vote of a majority (5 -2) of the Preservation Board and, in fact, received an affirmative vote of 71 % of the Board present. However, because the Preservation Board's bylaws require an affirmative vote of the majority of the full Board (in this case, 6 affirmative votes of the full Board membership of 11) and not just a majority of the Board members present, my awning was denied. To receive approval on March 8 th I would have been required to receive an affirmative vote of 6 -1, or 86 %, in order for the awning to be approved, a percentage that far exceeds even the rare requirement for a super majority vote. In light of the fact that I received an affirmative vote of not only a majority of the Board members present, but more than a super majority affirmative vote of the Board members present, I respectfully request that the Council approve the awning proposal so that I may move forward in my continued growth as a contributing member to the City of Buffalo. Thank you for your continued support. REFERRED TO THE COMMITTEE ON LEGISLATION PETITIONS NO. 66 J. LETIZIA, OWNER, USE 982 ELMWOOD -ALTER RETAIL SPACE TO CAFE W /OUTDOOR CAFE IN CITY ROW (HRG 3/27 )(DEL) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 67 M. MOUTAUTE, OWNER, USE 1832 MAIN ST FOR EXPANSION OF SIT -IN RESTAURANT (HRG 3 /27)(ELL) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 68 D. SUTTON, AGENT, USE 1049 ELMWOOD. ERECT 1 STORY ADDITION FOR TAKE -OUT REST. WITH AN OUTDOOR CAFE (HRG 3/27 )(DEL) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 69 M. XASEEN, OWNER. USE 1560 S. PARK, ADD TAKE -OUT RESTAURANT /DELI TO EXISTING STORE (HRG 3/27 )(SOUTH) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 70 B. BERNATOVICZ. AGENT, USE 1313 MAIN ST FOR A GROUND SIGN (NO HRG )(ELL) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD REGULAR COMMITTEES CIVIL SERVICE (BONNIE E. RUSSELL, CHAIRPERSON) NO. 71 APPOINT CHIEF PUMPING PLANT ENGINEER(PROV)(MAX)(FATIG)(PW) (CCP# 17, 3/6) Mrs. Russell moved That Communication 17 of March 6, 2012, be received and Filed and that the Provisional Appointment of David Fatig, 234 Winston Rd Buffalo NY 14216 at the Maximum Salary of $49,760.00 is hereby approved PASSED AYES -9 NOES -0 NO. 72 APPOINT HEAD EXTERMINATOR (PROV)(MAX)(MURPHY)(PW) (CCP# 18, 3/6) Mrs. Russell moved That Communication 18 of March 6, 2012, be received and Filed and that the Provisional Appointment of Michael Murphy, 147 Balz.. Buffalo. NY 14206 at the Maximum Salary of $45 723.00 is hereby approved. PASSED AYES -9 NOES -0 NO. 73 APPOINTMENTS SUPERVISOR OF STREET SANITATION(PERM)(THIRD STEP)(TAMSEN, GRAMAGLIA)(PW) CCP# 19, 3/6) Mrs. Russell moved That Communication 19 of March 6. 2012, be received and Filed and that the Permanent Appointment of Jeffrey Tamsen 42 Eugene Ave, Buffalo NY 14216 and Phill p Gramaglia. 328 Bedford Buffalo, NY 14216 at the Third Step of $49 010.00 s hereby approved PASSED AYES -9 NOES -0 NO. 74 APPOINT DIRECTOR OF URBAN AFFAIRS(EXEMPT)(FORD)(A &F) CCP #29. 3/6 Mrs. Russell moved That the above item be the same and hereby is Received and Filed ADOPTED NO. 75 NOTICES OF APPOINTMENTS - TEMP /PROV /PENN(CTY CLK) CCP #33, 3/6 Mrs. Russell moved That the above item be the same and hereby is Received and Filed ADOPTED FINANCE (MICHAEL J. LOCURTO CHAIRMAN) NO. 76 LIST OF DELINQUENT TAX, USER FEES AND SEWER RENT LIENS(R &F) (COP# 28, 5/6) Mr. LoCurto moved That the above mentioned item be and the same is hereby Received and Filed ADOPTED NO. 77 IN REM 45 AUCTION UPDATE(CORNPT) CCP# 10,12/13) Mr. LoCurto moved That the above mentioned item be and the same is hereby Received and Filed ADOPTED NO. 78 DRUG ASSET FORFEITURE WIRE TRANSFERS(POL) CCP# 22, 11/29) Mr. LoCurto moved That the above mentioned item be and the same is hereby Received and Filed ADOPTED NO. 79 D. SMITH - REQUEST INFO RE CHASE BANK (CCP# 66, 11/1) Mr. LoCurto moved That the above mentioned item be and the same is hereby Received and Filed ADOPTED NO. 80 REPORTS ON IMPLEMENTATION(EXC RES - S) (COP# 96. 10/4) Mr. LoCurto moved That the above mentioned item be and the same is hereby Received and Filed ADOPTED NO. 81 IMPLEMENTING A COB TREEBATE PROGRAM(EXC RES) (CCP# 160,4/19) Mr. LoCurto moved That the above mentioned item be and the same is hereby Received and Filed ADOPTED COMMUNITY DEVELOPMENT (JOSEPH GOLOMBEK, JR., CHAIRMAN) NO. 82 D. SMITH -T. KNIAZUK - COBCULTURAL FUNDING IMPACT ( #37, 3/6) Mr. Golombek moved: That the above item be the same and hereby is Received and Filed ADOPTED LEGISLATION (DARIUS G. PRIDGEN, CHAIRMAN) NO. 83 N. ABRAHAM, AGENT, USE 1292 DELAWARE AVE TO EXPAND A RESTAURANT (DEL) (ITEM NO. 41, C.C.P., MARCH 6, 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 license to expand a restaurant at 1292 Delaware Avenue. PASSED AYES -9 NOES -0 NO. 84 A. EOANNOU, OWNER, USE 1416 HERTEL, AVE CONVERT AN EXISTING STORE TO TAKE -OUT RESTAURANT (DEL) (ITEM NO. 42, C.C.P., MARCH 6, 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 license to convert an existing store to a take -out restaurant at 1416 Hertel Avenue. PASSED AYES -9 NOES -0 NO. 85 D. PRIDGEN -A. WARNER- COMMON COUNCIL CHAPL That the above item be and is returned to the Common Council with a recommendation for adoption. Mr. Pridgen moved: That the Reverend Al Warner be appointed Chaplain to the Common council for the year 2012. ADOPTED NO. 86 HRM -ACT TO AMEND RETIRE. AND SOC SEC LAW, IN RELATION TO CERTAIN FIRFIGHTERS OF COB, NIA. FALLS AND NFTA TO PARTICIPATE IN OPTIONAL 20 YR RETIRE. PLAN UNDER CERTAIN CIRCUMSTANCES That the above item be and is returned to the Common Council with a recommendation for adoption. Mr. Pridgen moved: That the Common Council requests the State Legislature to act to amend the retirement and Social Security Law, in relation to allowing cetain 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. ADOPTED NO. 87 ORDINANCE AMENDMENT CHAPTER 511 - ZONING (ITEM NO. 90, C.C.P., MARCH 6, 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 Common Council hereby approves the above amendment to Chapter 511 Zoning to establish a Downtown Entertainment Review District. PASSED AYES -9 NOES -0 NO. 88 M. ROMANOWSKI -SEQR -DRAFT ENV. IMPACT STATEMENT -BFLO MEDICAL CAMPUS ( #58, 2/21) Rev. Pridgen moved: That the above item be the same and hereby is Received and Filed ADOPTED NO. 89 B. RUSSELL - ARTICLE PROPOSED NFTA CUTBACKS IN SERVICES ( #56, 1/24) Rev. Pridgen moved: That the above item be the same and hereby is Received and Filed ADOPTED NO. 90 L. SCHNEEKLOTH- CONCERNS FOR 708 ELMWOOD ACROPOLIS REST (DEL) ( #60, 2/21) Rev. Pridgen moved: That the above item be the same and hereby is Received and Filed ADOPTED NO. 91 P. TSOUFLIDIS -SEQR 708 ELMWOOD (DEL) ( #61, 2/21) Rev. Pridgen moved: That the above item be the same and hereby is Received and Filed ADOPTED NO. 92 M. COLLETTI- SUPPORT FOR ACROPOLIS RESTAURANT 708 ELMWOOD ( #31, 2/7) Rev. Pridgen moved: That the above item be the same and hereby is Received and Filed ADOPTED NO. 93 A. CONVEY - SUPPORT FOR ACROPOLIS RESTAURANT 708 ELMWOOD Rev. Pridgen moved: That the above item be the same and hereby is Received and Filed ADOPTED ( #32, 2/7) NO. 94 D. PRIDGEN -M. PARKER - SUPPORT FOR ACROPOLIS RESTAURANT 708 ELMWOOD ( #38, 2/7) Rev. Pridgen moved: That the above item be the same and hereby is Received and Filed ADOPTED NO. 95 S. CURVIN- PROPOSED MUSIC PERMIT EXPANSION -708 ELMWOOD- ACROPOLIS ( #39, 1/24) Rev. Pridgen moved: That the above item be the same and hereby is Received and Filed ADOPTED NO. 96 A. PICAOGNA- SUPPORT MUSIC AT 708 ELMWOOD- ACROPOLIS (#40, 1/24) Rev. Pridgen moved: That the above item be the same and hereby is Received and Filed ADOPTED NO. 97 L. CLOPPER- CONCERNS 708 ELMWOOD AVE (DEL) (#42, 1/24) Rev. Pridgen moved: That the above item be the same and hereby is Received and Filed ADOPTED NO. 98 H. CONNOR- CONCERNS 708 ELMWOOD AVE (DEL) (#43, 1/24) Rev. Pridgen moved: That the above item be the same and hereby is Received and Filed ADOPTED NO. 99 R. STANTON- CONCERNS 708 ELMWOOD AVE (DEI) (#44, 1/24) Rev. Pridgen moved: That the above item be the same and hereby is Received and Filed ADOPTED NO. 100 NAME PROPOSAL -NEW STREET BUFFALO LAKESIDE COMMERCE PARK (PW) (#17,7/6) Rev. Pridgen moved: That the above item be the same and hereby is Received and Filed ADOPTED RESOLUTIONS NO. 101 SPONSOR: RICHARD A. FONTANA HOME RULE MESSAGE REQUESTING THE NEW YORK STATE ASSEMBLY TO PASS BILL A09364 AND THE NEW YORK STATE SENATE TO PASS BILL $6517, "AN ACT TO AMEND THE LOCAL FINANCE LAW, IN RELATION TO THE SALE OF BONDS AND NOTES OF THE CITY OF BUFFALO" WHEREAS: Bill A09354 has been introduced in the New York State Assembly and Bill S6517 has been introduced in the New York State Senate; and WHEREAS: The purpose of these bills are to extend authorization for the private sale of bonds and notes by the City of Buffalo from June 30, 2012 until June 30, 2013; and WHEREAS: Without passage of these bills in the New York State Legislature, Section 54.30 of the Local Finance Law will expire on June 30, 2012; and WHEREAS: This law has already proven its usefulness by giving the City of Buffalo a valuable tool to provide expeditious funding to projects which require immediate attention and an extension of one (1) year would provide the City with additional financial flexibility when addressing its capital funding needs; and WHEREAS: If the New York State Legislature is to consider these bills, a Home Rule Message Resolution must be adopted by the City of Buffalo and the appropriate Home Rule Request forms completed by the City of Buffalo and forwarded m the appropriate New York State Legislature Home Rule Counsels. NOW THEREFORE BE IT RESOLVED: That the City of Buffalo Common Council hereby requests that the New York State Legislature approve Assembly Bill A09354 and Senate Bill $6517 so as to extend for one (1) year authorization for the private sale of bonds and notes by the City of Buffalo; and BE IT FURTHER RESOLVED: That tile City Clerk is hereby directed to forward ten (10) copies of this resolution and ten (10) completed copies of the Home Rule Request to the New York State Legislature as follow: four (4) copies of this Resolution and four (4) completed copies of the Home Rule Request to the New York Assembly Home Rule Counsel, at Assembly Post Office, 210 Legislative Office Building, Albany, NY 12248; four (4) copies of this Resolution and four (4) completed copies of the Home Rule Request, to the Senate Home Rule Counsel, at Senate Post Office, 208 Legislative Office Building, Albany, NY 12247; one (1) copy of this Resolution and one (1) completed copy of the Home Rule Request to the Office of New York State Assembly Member Robin Schimminger, 3514 Delaware Avenue, Kenmore, NY 14217; and one (1) copy of this Resolution and one (1) completed copy of the Home Rule Request to the Office of New York State Senator Mark Grisanti, Walter J. Mahoney State Office Building, 65 Court Street, Room 213, Buffalo, NY 14202. ADOPTED NO. 102 BY: RICHARD A. FONTANA, COUNCIL PRESIDENT AND LOVEJOY DISTRICT COUNCIL MEMBER REPLACEMENT OF THE TOXIC SUBSTANCE CONTROL ACT (TSCA) Whereas: When passed into law. Toxic Substances Control Act (TSCA) approved more than 60.000 chemicals that were in existence prior to 1976; only 200 of the original 60,000 chemicals have been tested for safety; some uses of only 5 of these toxic substances have been restricted; and Whereas: Today there are more than 80,000 chemicals on the market, which have never been fully assessed for toxic impacts on human health and the environment; and Whereas: TSCA does not require chemical manufacturers to demonstrate that their products are safe before they go into use, the law says the government has to prove actual harm in order to control or replace a dangerous chemical; and Whereas: There exists persistent bioaccumulative toxic chemicals, lead, mercury, and flame retardants in our water supply and soil that do not break down naturally and no immediate action is taken to reduce their quantity in our environment which leads to their accumulation in our bodies; and Whereas: On the market, legal chemicals such as Bispenol A, which is a commonly used in plastics and 4- methylidazole, the caramel coloring in cola have caused cancer in animals, though only being considered a potential risk by the FDA; and Whereas: Known carcinogens, such as asbestos and formaldehyde, are unregulated by the TSCA. Now Therefore Be It Resolved: The Toxic Substance Control Act is ineffectively controlling chemicals that are used in our country and needs to be replaced; and Therefore Be It Further Resolved: The City of Buffalo go on record in favor of the Safe Chemicals Act authored by US Senator Frank Lautenberg of New Jersey; and Therefore Be It Finally Resolved: That the City Clerk forward certified copies of this resolution to Congressional Delegation, US Senate Leaders, the US Senate Majority Leader Harry Reid, US Senate Minority Leader Mitch McConnell. ADOPTED NO. 103 BY: MR. FRANCZYK GRANT PERMISSION FOR DESPENSATA CORPORATION TO HANG BANNERS IN THE BROADWAY FILLMORE NEIGHBORHOOD Whereas: The Despensata Corporation would like to hang banners on various streets in the Broadway Fillmore neighborhood to promote local events, celebrations and other activities that take place in the community; and Whereas: The banners will highlight the Broadway Market area's many events such as the Easter and Christmas shopping season, Dyngus Day, the Dozynki Harvest Festival and various happenings at the Central Terminal, while brightening up the streetscape throughout the year; and Whereas: The Easter shopping season and Dyngus Day is around the comer and attracts hundreds of thousands of visitors from Buffalo, Western New York and beyond to the Broadway Fillmore area; and Whereas: The Despensata Corporation would like to hang approximately 85 banners on Broadway, Fillmore, Peckham, Paderewski, as well as the side streets around the perimeter of the Broadway Market and Corpus Christi Church on Gibson, Lombard, Clark and Sears Street on or around March 28, 2012 to promote and celebrate the Easter shopping season and Dyngus Day activities in the neighborhood; and Whereas: Despensata Corporation has been in contact with the City of Buffalo's Department of Public Works, Parks and Streets and will meet all the requirements necessary for proper installation said banners; Now, Therefore, Be It Resolved: That the City of Buffalo hereby grants permission to Depensata Corporation to hang banners in the Broadway Fillmore neighborhood to promote local events. celebrations and other activities that take place in the community on March 28, 2012; and Now, Therefore, Be It Further Resolved: That said banners are 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 and that all banners are to be maintained. Any banners that become tattered, tom or damaged in any way will be immediately removed. PASSED AYES -9 NOES -0 NO. 104 BY: MR. FRANCZYK STRENGTHEN EMERGENCY MEDICAL SERVICES BOARD WHEREAS: The Emergency Medical Services Board provides an extremely critical function by recommending license approvals to which ambulance company will provide service to the city, among other duties and responsibilities; and, WHEREAS: Rural Metro currently provides ambulance service to the city, a contract which expires on July 1, 2012; and, WHEREAS: Prompt and efficient ambulance service can mean the difference between life and death for a person needing an ambulance; and, WHEREAS: The response protocol for an ambulance to appear on the scene is approximately eight minutes, and although these times vary according to severity of the medical need of the call and other factors, there have been reports of so- called "Level Zero," when no ambulances are available, or callers for ambulance service have been waiting for thirty minutes or more; and, WHEREAS: It is essential that a new or renewed ambulance service contract with the city must ensure sufficient ambulance personnel, vehicles and resources to guarantee quick and effective response; and, WHEREAS: One remedy suggested to provide for better medical ambulance service is to increase and strengthen the regulatory power of the Emergency Medical Services Board, which is largely advisory; and, WHEREAS: Some suggested amplified powers for the EMSB include the ability to fine a company that does not live up to the contract following review; termination or suspension of a contract with uncorrected repeat violations; fines for non compliance in filing required data, such as tri- monthly total billing reports and other suggestions; NOW THEREFORE BE IT RESOLVED: That the Common Council request that representatives from the City Emergency Services Board, the Buffalo Fire Commissioner, Commissioner of Permit and Inspections, Director of the Erie County Health Department Bureau of Emergency Medical Service, Rural Metro, and other interested parties appear at the Common Council to address whether or how the powers of the EMSB be increased and other matters in regard to improving Buffalo ambulance services. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 106 BY: MR. FRANCZYK AND MR. RIVERA WAIVE PERMIT FEES FOR INSTALLATION OF HISPANIC - AMERICANS VETERANS MEMORIAL Whereas; The Hispanic- American Veterans Memorial Initiative, a group of Hispanic- American Veterans, volunteers and concerned citizens, has been working together to erect a monument to honor and recognize the contributions and sacrifices Hispanic men and women have made to the United States; and Whereas: Currently the Hispanic- American citizens of Buffalo and Western New York do not have a monument or symbol that can serve as a source of pride and as a reminder of their service to the community and nation; and Whereas: Hispanic- American veterans from Buffalo and Western New York have fought in every conflict in which the United States has participated; displaying loyalty, bravery, and persistence, often in the face of adversity; and Whereas: The Hispanic- American Veterans Memorial Initiative has been raising funds for the memorial, which will be located at the Buffalo and Erie County Naval and Military Park; and Whereas: The Hispanic- American Veterans Memorial Initiative has asked the City of Buffalo to waive all permit fees associated with the installation of the Hispanic- American Veterans Memorial; Now, Therefore Be It Resolved: That the Common Council hereby directs the Department of Economic Development, Permits & Inspection Services to waive all installation and permit fees for the Hispanic- American Veterans Memorial Initiative associated with the installation of the Hispanic- American Veterans Memorial at the Buffalo and Erie County Naval and Military Park; and Be It Further Resolved: That the City Clerk is directed to send certified copies of this resolution to Department of Economic Development, Permits & Inspection Services Commissioner James Comerford, Corporation Counsel Timothy A. Ball and Jose Rivera from the WNY Hispanic American Veterans Memorial Initiative for their review. PASSED AYES -9 NOES -0 NO. 106 SPONSORS: JOSEPH GOLOMBEK, JR. AND DAVID A. FRANCZYK OPPOSING THE DEMOLITION OF THE TRICO PLANT NO. 1 BUILDING Whereas: The Trico Products Building, bounded by Ellicott. Goodell, Washington and Virginia streets, is the former home of the Trico Products Corporation windshield wiper factory. Trico Products Corporation manufactured the first windshield wiper and employed thousands of City workers at the site up until March 2004, when the factory was closed after 87 years; and Whereas: Much of the Trico Products Building is currently listed on the National Register of Historic Places and, standing 6 stories tall and occupying nearly two downtown City blocks, the building has long been a prominent part of Buffalo's architectural landscape; and Whereas: The Buffalo Niagara Medical Campus ( "BNMC ") purchased the Trico Products Building at auction for $12.4 million in 2007. Ownership was then transferred to the Buffalo Brownfield Restoration Corp., a subsidiary of the Buffalo Urban Development Corp. ( "BUDC" —, which subsequently designated BNMC to develop the site; and Whereas: BNMC has recently announced that it plans to demolish the historic Trico Products Building, beginning April 15, 2012, in order to expand the "footprint" of the Medical Campus. Under BNMC's plan, only 20 percent of the building's newest addition would be spared. This addition, which unlike most of the Trico Products Building complex is not listed on the Historic Register, currently houses the Innovation Center technology incubator; and Whereas: Almost immediately after BNMC's announcement, the local preservation community went on record to oppose these demolition plans. The preservation community believes the building to be a historic landmark that is well poised for adaptive reuse. In support of their position, preservationists point to the Trico Products Building's reinforced concrete, steel beam and steel pillar construction and large, open floor plans. In addition, engineering studies from 2006 and 2007 certified the building to be structurally sound; and Whereas: Critics of BNMC's demolition plans believe that the Medical Campus is pursuing a "demolition first" mentality, and have drawn parallels between their proposal and misguided "Urban Renewal" efforts of the 1950's and 1960's that led to the loss of much of Buffalo's historic urban fabric and architectural legacy. Many people have also publicly questioned whether reuse of the building was ever seriously explored by BNMC as an option; and Whereas: BNMC's announcement that it plans to demolish the building comes at a time when our City has achieved national recognition for its historic buildings and preservation efforts. This is evidenced by the National Trust for Historic Preservation's decision to host their annual conference in Buffalo this past year, the progress made with adaptive reuse projects at other downtown buildings such as the Statler Hotel, Lafayette Hotel, the Webb Building, the Lofts at Elk Terminal, the Granite Works and other sites, and our City's ongoing efforts to completely overhaul its zoning code to encourage smart growth development; and Whereas: The location, condition and history of the Trico Products Building would seem to make it an attractive candidate for reuse. Even if the building does not fit BNMC's intended growth plans, the site could be compatible with a number of other uses, including serving as a location for Erie Community College's ( "ECC') proposed new Health Sciences facilities. The Trico Building's location offers numerous advantages over the Amherst site that is currently being targeted by ECC such as it's close proximity to the Medical Campus and potential for synergy with the region's health sciences industry. Now, Therefore be it Resolved: That the Common Council is hereby on record in its opposition to the demolition of the Trico Products Building as currently called for under Buffalo Niagara Medical Campus plans; and Be it Further Resolved: That it is the position of the Common Council that the demolition of historic buildings should always be considered a last option, not a preferred option, and further attempts should be made to adaptively reuse the Trico Products Building before a final determination to demolish any part of the building is made; and Be it Further Resolved: That the Common Council respectfully requests that the leadership of the Buffalo Niagara Medical Campus and Erie Community College examine the feasibility of adaptively reusing the Trico Products Building; and Be it Finally Resolved: That copies of this resolution be forwarded to the City of Buffalo's representation in the United States Legislature, New York State Legislature, State University of New York Chancellor Nancy L. Zimpher, ECC President Jack Quinn, the members of the ECC Board of Trustees, President and CEO of the Buffalo Niagara Medical Campus Matthew K. Enstice, the Buffalo Niagara Medical Campus Board of Directors, Mayor Byron W. Brown, The Buffalo Urban Development Corp. ( "BUDC "), Preservation Buffalo Niagara and the City of Buffalo Preservation Board. REFERRED TO THE COMMITTEE ON LEGISLATION 0 1 WN11YA BY: MR. PRIDGEN DISCHARGE LEGISLATION COMMITTEE ITEM #1, C.C.P. NOV. 29, 2011 "RECOMMENDATION - APPLICATION FOR LANDMARK SITE FORMER FAIRFIELD LIBRARY- 1659 AMHERST (MAST) (PRESBD)" Whereas: The above item is currently in the Legislation Committee; and Whereas: It is no longer necessary for this item to be considered by that committee; Now, Therefore Be it Resolved: That this Common Council does hereby discharge the Legislation Committee from further consideration of Item #1, C.C.P. Nov. 29, 2011 "Recommendation - Application for Landmark Site Former Fairfield Library- 1659 Amherst (Mast) (PresBd)" and said item is now before the Common Council for its consideration. RECEIVED AND FILED AYES - Fontana, Golombek, Kearns, LoCurto, Pridgen, Rivera, Russell, Smith 8 NOES - Franczyk 1 NO. 108 BY: COUNCILMEMBER DEMONE A. SMITH AUTHORIZING RESOLUTIONAM ENDED AND RESTATED GROUND LEASE (SERIES 2004 PROJECT)FOR THE REFINANCING OF ALL OR A PORTION OF PHASE H SERIES 2004 BONDS OF BUFFALO SCHOOLS REDEVELOPMENT PROJECT Resolution of the City of Buffalo authorizing an amendment and restatement of a lease of certain educational facilities to the Erie County Industrial Development Agency and authorizing other matters related to certain bonds issued by said Agency to finance the refunding of the Series 2004 Bonds (hereinafter defined), determining the terms and conditions of such agreements, and other matters in connection therewith. WHEREAS, the Legislature of the State of New York, pursuant m Chapter 605 of the Laws of 2000, as amended by Chapter 59 of the Laws of 2003, and Chapter 421 of the Laws of 2004, and Chapter 283 of the Laws of 2006, and Chapter 403 of the Laws of 2008, and Chapter 492 of the Laws of 2008, and Chapter 497 of the Laws of 2008, and Chapter 209 of the Laws of 2009 (the "School Act "), has enacted legislation authorizing the Erie County Industrial Development Agency ( "ECIDA ") to finance, own, or lease educational facilities of the City of Buffalo (the "City " - and the City School District of the City of Buffalo (the "School District ") to be renovated or reconstructed pursuant to state law; and WHEREAS, the City and the School District, through their duly authorized agent for such purposes, the Joint School Construction Board ( "JSCB "), have entered into arrangements with the ECIDA to finance various public school facilities and to assist in the acquisition, renovation, construction, reconstruction, improvement, equipping and furnishing of such public school facilities within the City in order to implement the comprehensive redevelopment of the City's public schools (the "Project "); and WHEREAS, the initial phase of the Project, the leasing of school facilities related thereto, and the disposition of State Aid Revenues (hereafter defined) in connection therewith, were approved by resolution of the Common Council of the City of Buffalo on October 22, 2002 (Item 143, C.C.P. October 22, 2002); and WHEREAS, the second phase of the Project, the leasing of school facilities related thereto, and the disposition of State Aid Revenues in connection therewith, were approved by resolution of the Common Council of the City of Buffalo on December 2, 2004 (Item 133, C.C.P. December 2, 2004); and WHEREAS, the third phase of the Project, the leasing Of school facilities related thereto, and the disposition of State Aid Revenues in connection therewith, were approved by resolutions of the Common Council of the City of Buffalo on May 29, 2007 (Item 53, C.C.P. May 29, 2007) and January 22, 2008 (Item 87, C.C.P. January 28, 2008) and February 5, 2008 (Item 89, C.C.P. February 5, 2008); and WHEREAS, the fourth phase of the Project, the leasing of school facilities related thereto, the subleasing of school facilities related thereto, and the disposition of State Aid Revenues in connection therewith, were approved by resolutions of the Common Council of the City of Buffalo on September 15, 2009 (Item 61, C.C.P. September 15, 2009); and WHEREAS, the fifth phase of the Project, the subleasing of school facilities related thereto, and the refunding of the initial phase of the Project as well as the disposition of State -add Revenues in connection therewith, were approved by resolutions of the Common Council of the City of Buffalo on May 3, 2011 (Item 103, C.C.P. May 3, 2011); and WHEREAS, in order to finance the second phase of the Project, the ECIDA issued its School Facility Revenue Bonds (City School District of the City of Buffalo Project), Series 2004 (the 2004 ECIDA Bonds "); and WHEREAS, with respect to the second phase of the Project, the City and the School District leased certain school facilities to the ECIDA pursuant to a Ground Lease (Series 2004 Project) dated as of December L 2004, as amended (the "2004 Ground Lease "); and WHEREAS, the 2004 ECIDA Bonds were secured with installment payments to be paid by the School District to the ECIDA pursuant to an Installment Sale Agreement (Series 2004 Project) dated as of December 1, 2004, as amended (the '2004 Installment Sale Agreement "), between the ECIDA and the School District; and WHEREAS, in order to achieve cash savings, Citigroup Global Markets, Inc. has prepared and submitted to the School District a proposed refunding financial plan (a summary concerning the purpose of the funding is attached hereto as Appendix A) describing the proposed refunding of all or a portion of the 2004 ECIDA Bonds through the issuance by the ECIDA of one or more series of its refunding bonds, the issuance of which will result in annual cash savings and present value savings through reduced annual debt service payments on the 2012A ECIDA Bonds (defined below), relative to the annual net debt service on the 2004 ECIDA Bonds and the elimination or reduction of the debt service reserve fund for the 2004 ECIDA Bonds; and WHEREAS, any annual cash savings will benefit the School District by lowering the debt service on the 2012A ECIDA Bonds relative to net debt service on the 2004 ECIDA Bonds while still maintaining the payment of State building aid on the second phase of the. Project with respect to school facilities financed by the 2004 ECIDA Bonds at current levels (without regard to the refunding of the 2004 ECIDA Bonds); and WHEREAS, in order to refund all or a portion of the 2004 ECIDA Bonds, the ECIDA intends to issue from time to time its School Facility Refunding Revenue Bends (City School District of the City of Buffalo Project), Series 2012A (the "2012A ECIDA Bonds "), all pursuant to the School Act and other applicable legislation; and WHEREAS, in connection with the refunding of all or a portion of the 2004 ECIDA Bonds, the 2004 Ground Lease will be amended by an Amended and Restated Ground Lease (Series 2004 Project) among the City, the School District and the ECIDA (the "Amended 2004 Ground Lease "), and the 2012A ECIDA Bonds will be secured with installments payments under an Amended and Restated Installment Sale Agreement (Series 2004 Project) (the "Amended 2004 Installment Sale Agreement ") between the ECIDA and the School District; WHEREAS, the School District's obligation to make such installment payments under the Amended 2004 Installment Sale Agreement to the ECIDA will be subject to annual appropriation by the State of New York (the "State ") and the School District and will be payable solely from the total amount of annual aid to education paid by the State to the School District and earnings on the investment thereof while in the custody of the Depository Bank under the Amended and Restated State Aid Trust Agreement ( "State Aid Revenues "); and WHEREAS, pursuant to the State Education Law (1) the disbursement of State Aid Revenues is solely the prerogative and responsibility of the Board of Education so long as such revenue is spent for the educational purposes appropriated and within the limits of the appropriation, (2) the Board of Education shall make such classification of the funds under its management and control and the disbursements thereof as the Comptroller of the City (the "Comptroller ") shall require, and (3) the Board of Education shall finish such data in relation to such funds and their disbursements as the Comptroller shall require; and WHEREAS, the Comptroller periodically authorizes the issuance of City revenue anticipation notes in anticipation of the receipt of State Aid Revenues and the Comptroller as required by State law to provide for the set aside of State Aid Revenues to provide for repayment of such notes; and NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF BUFFALO as follows: Section 1. The Common Council of the City hereby determines and makes appropriate legislative findings that the Project and the refinancing thereof by the ECIDA are beneficial for the residents of the City and will promote educational opportunities to the residents of the City. Section 2. In furtherance of the Project, and for the purposes of furthering the refunding of the 2004 ECIDA Bonds, the Amended 2004 Ground Lease, a form of which is attached hereto as Appendix B and made a part hereof with such changes as the Mayor of the City shall deem advisable, be and the same is, hereby approved; and the Mayor of the City is hereby authorized and directed to execute, acknowledge and deliver the Amended 2004 Ground Lease in the name of the City; the execution and delivery of the Amended 2004 Ground Lease shall be conclusive evidence of due authorization and approval of by the Common Council of the City of the Amended 2004 Ground Lease. Section 3. In order to facilitate the payment by the School District of installment payments under the Amended 2004 Installment Sale Agreement and the marketing and sale of the 2012A ECIDA Bonds, the Common Council of the City hereby authorizes the Comptroller to direct the payment of State Aid Revenues pursuant to instructions from the Comptroller and the Superintendent of the School District delivered to the New York State Comptroller to Manufacturers and Traders Trust Company, Buffalo, New York, as depository bank (the "Depository Bank,). Such State Aid Revenues will be held by the Depository Bank in a State Aid Trust Fund and will be disbursed from such fired from time to time to pay installment payments due under the Amended 2004 Installment Sale Agreement. Section 4. The Common Council of the City and the Board of Education of the School District, along with their properly authorized agent, the JSCB, are hereby authorized to proceed with the refunding of the 2004 ECIDA Bonds, in whole or in part, and the Mayor of the City is hereby designated the authorized representative of the Common Council of the City and he is hereby authorized and directed to execute and deliver any and all papers, instruments, agreements, opinions, certifications, affidavits and other documents and to do and cause to be done any and all acts and things necessary or proper for the carrying out the intent of this resolution and any instrument, agreements or other documents authorized hereby, and any prior actions taken or to be taken to effectuate the refunding of the 2004 ECIDA Bonds, in whole or in part, by the JSCB are hereby authorized and or ratified. Section 5. No stipulation, obligation or agreement contained in this resolution, the Amended 2004 Ground Lease, or any other documents executed by the City pursuant to the Amended 2004 Ground Lease, or any agreement in furtherance hereof shall be deemed to be a stipulation, obligation or agreement of any member of the Common Council, officer, agent or employee of the City in Iris or her individual capacity and neither the members of the Common Council of the City nor any officer executing any of the agreements authorized by this Resolution shall be liable personally on such agreements or be subject to any personal liability or accountability by reason thereof. Section 6. This resolution shall take effect immediately upon approval of the Mayor Ofthe City. PASSED AYES -9 NOES -0 NO. 109 RE: AUTHORIZING THE CREATION OF THE BUFFALO ERIE NIAGARA LAND IMPROVEMENT CORPORATION AND EXECUTION OF AN INTERGOVERNMENTAL COOPERATION AGREEMENT(S) WITH ERIE COUNTY AND OTHER FORECLOSING GOVERNMENT UNITS IN ERIE AND NIAGARA COUNTIES WHEREAS, the City of Buffalo, Erie County, and other municipalities have recognized the need to address the growing region -wide issue of tax delinquent, vacant, abandoned, and foreclosed properties; and WHEREAS, the Erie County Executive, the Department of Environment and Planning, and the Department of Real Property Tax Services are working collaboratively with the Mayor, the City of Buffalo, the Office of Strategic Planning, the Department of Taxation and Assessment, the Department of Permits and Inspections Services, the Buffalo Sewer Authority and other Municipalities to address this issue; and WHEREAS, in July 2011 in recognition of the growing vacant property problem, New York State passed the Land Bank Act, as Article 16 of the New York State Not - for - Profit Corporation Law, which authorizes any foreclosing governmental unit (FGU) to create a land bank to return tax delinquent, vacant, abandoned, and foreclosed properties to productive use; and WHEREAS, the Land Bank Act allows FGUs and municipalities to enter into a partnership to create a land bank; and WHEREAS, pursuant to the Land Bank Act, it is necessary to adopt a resolution authorizing the Mayor of the City of Buffalo to execute an Intergovernmental Cooperation Agreement with Erie County and other foreclosing government units within Erie and Niagara Counties for the creation and operation of a Land Bank. NOW, THEREFORE BE IT RESOLVED, that the Mayor of the City of Buffalo is hereby authorized m execute an Intergovernmental Cooperation Agreement with Erie County and other foreclosing government units within Erie and Niagara Counties for the creation and operation of a Land Bank, known as the Buffalo Erie Niagara Land Improvement Corporation, and to execute and file such other documents necessary to establish said Land Bank; and be it further RESOLVED that the .articles of Incorporation for said Land Bank are attached to this resolution and that said Articles shall be filed with the Secretary of State in accordance with the New York State Land Bank Act; and be it further RESOLVED, that the initial Board of Directors shall consist of eleven (11) members; and be it further RESOLVED, that the initial individuals to serve as members of the board of directors are as follows: Brendan R. Mehaffy, Executive 920 City Hall Director of Strategic Planning of the Buffalo, New York 14202 City of Buffalo Timothy A. Ball 1100 City Hall Corporation Counse! of the City of Buffalo Buffalo, NY 14202 James Comerford, Jr. 324 City Hall Commissioner of Permit and Inspection Buffalo, NY 14202 Services of the City of Buffalo Janet Penksa 203 City Hall Commissioner of Administration, Buffalo, NY 14202 Finance, Policy and Urban Affairs for th City of Buffalo David P. Comerford 1038 City Hall General Manager, Buffalo Sewer Authority Buffalo, NY 14202 Maria R. Whyte Edward A. Rath Building Commissioner of Erie County Department of Environment and Planning Joseph L. Maciejewski Director, Erie County Department of Real Property Tax Services Michael A. Siragusa, County Attorney Erie County Department of Law Frank E. Krakowski, City Assessor - City of Lackawanna Joseph M. Hogenkamp City Treasurer City of Tonawanda Christina Orsi Empire State Development - Western 95 Franklin St 10 floor Buffalo, NY 14202 Edward A. Rath Building 95 Franklin St 1 sc floor room 100 Buffalo, NY 14202 Edward A. Rath Building 95 Franklin Street Suite 1634 Buffalo, NY 14202 Lackawana City Hall 714 Ridge Road Lackawana NY 14218 City of Tonawanda 200 Niagara St Tonawanda, NY 14150 95 Perry Street Suite 500 New York Regional Director Buffalo, New York 14203 and be it further RESOLVED, that as indicated in the Certificate of Incorporation and the NY Land Bank Act. the board may consist of eleven directors. The qualification and manner of appointment of the Board of Directors shall be as follows: 1. The Executive Director of Strategic Planning of the City of Buffalo; 2. The Corporation Counsel of the City of Buffalo; 3. The Commissioner of Permit and Inspection Services of the City of Buffalo 4. The Commissioner of Administration, Finance, Policy and Urban Affairs for the City of Buffalo; 5. General Manager, Buffalo Sewer Authority; 6. The Commissioner of Erie County Department of Environment and Planning; 7. Director, Erie County Department of Real Property Tax Services; 8. The Erie County Attorney (Erie County Department of Law); 9. The City Assessor of the City of Lackawanna; 10, The City Treasurer of the City of Tonawanda; 11. Western New York Regional Director, Empire State Development Corporation. and be it further RESOLVED, that members of the Board of Directors shall serve by virtue of office and they shall serve so long as he or she shall hold the office. For those members of the Board of Directors appointed by the Members of the Corporation, they will serve until the conclusion of the next annual meeting of the Members of the Corporation, or until his or her successor shall have been duly appointed and qualified; and be it further RESOLVED, that all members of the Board of the Land Bank shall be residents of the County of Erie except such member who serves as an officer of foreclosing governmental units located outside of Erie County shall be residents of the County in which the foreclosing governmental unit is located; and be it further RESOLVED, that the intergovemmental agreement shall include provisions for dissolution of such land bank; and be it further RESOLVED, that certified copies of this resolution shall be forwarded to the Erie County Executive; the Commissioner of the Erie County Department of Environment and Planning; and the Erie County Director of the Department of Real Property Tax Services. PASSED AYES -9 NOES -0 NO. 110 BY SPONSORED BY: CM SMITH, CM PRIDGEN, AND CM RIVERA. HEALTHY CORNER STORE PROMOTION This resolution seeks to promote the inclusion of healthy, fresh, affordable, and culturally appropriate foods into corner stores across the city. Whereas, instances of overweight and obesity are a growing health concern all across the country. In the City of Buffalo, 68% of adults are considered overweight and 28% are obese. These higher than average rates increase the risk for increases risk for many types of chronic disease, including heart disease and diabetes (which afflicts 9% of our city's population)) A study completed by the Center for Disease Control found that poor diet and physical inactivity accounted for 400,000 deaths in 2000. This accounted for 17% of all deaths in the U.S. that year and was the second - leading cause of death, only behind tobacco - related deaths. Most disturbing is that while most preventable death types decreased or showed little change over a 10 year period, poor diet and physical activity related deaths increased 33 %) Whereas, a factor in these high obesity rates is low consumption of healthy food. In Buffalo, only 28% of adults consume 5 or more servings of fruits and vegetables, which is the daily recommended intake. Whereas, a factor in this low fruit and vegetable consumption rate is limited or lack of access to healthy food. Poor access is typically attributed to lack of a healthy food retail store within walking distance of resident's homes or places of work. Healthy food access is further limited by the lack of access to a vehicle, in Buffalo, there are 44 neighborhoods where 50% or more of households do not have access to a vehicle and are not within walking distance of a healthy food store Whereas, because of this limitation, many residents in these neighborhoods make their food purchases at corner stores or must travel long distances by transit to access food. Corner stores account for 3.1 % of Food Retail operations in the City (2 highest). Corner stores generally provide few healthy options for customers and most frequently advertise for products like. soda, candy, beer, and lottery tickets Whereas, a program that aims to influence the increase of healthy food products at corner stores is one that should be promoted by the City, as it would assist in changing the food environment, which could lead to greater consumption of healthy, fresh food, which could result in lower rates of obesity and other diet - related diseases. Now Therefore Be It Resolved That, this Honorable Body will look into additional steps that can be taken to improve access to healthy, fresh, affordable, and culturally appropriate food in the City of Buffalo. These steps will include community meetings to discuss possible solutions with food store owners and research into possible legislative options, with the goal of creating greater access to healthy food in the City of Buffalo. PASSED AYES— FONTANA, FRANCZYK, GOLOMBEK, KEARNS, LOCURTO, PRIDGEN, RIVERA, SMITH —8 NOES—RUSSELL-1 NO. 111 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 Young Audiences of Western New York By Councilmember Locurto, Rivera ADOPTED NO. 112 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 Manuel Caraballo TOTAL ADOPTED NO. 113 BY: DEMONE A SMITH APPOINTMENTS COMMISSIONER OF DEEDS That the following person(s) are hereby appointed as Commissioner of Deeds for the term ending December 31,2012, conditional, upon the person so appointed certifying under oath to their qualifications and filing same with the City Clerk: Katie M. Bartolotta Brian C. Bray Mark D Cornell Tina M. Cortes Charley H Fisher II Kevin J. Hosey Amy L. Jakubus Katherine Landahl Kathleen J. Lenihan Siobhan Maloney Jennifer Martin Melissa Jo Meyer Ellen L. Przepasniak Christopher J. Sasiadek Jeffrey Sheridan Jessee. Simmons Esther D. Smothers Loine H. Steinhart Benjamin M. Swanekamp Michael R. Szukala Martha. Taggart Leonard Williams TOTAL 22 ADOPTED UNFINISHED BUSINESS NO. 114 P. TSOUFLIDIS, OWNER, USE 708 ELMWOOD TO EXTEND INTO THE SECOND FLOOR OF AN EXISTING RESTAURANT [HRG 1 /17)(DEL) (CCP #123, 02/21/2012)(CCP#45, 01/10/2012) Mr. Smith now moves that the above item be Taken from the Table Seconded by Mr. LoCurto CARRIED Mr. LoCurto now moved to approve above item with the following conditions Seconded by Mr. Rivera Mr. Smith moved: That the above item be, and the same hereby is returned to the Common Council with a recommendation for approval; That after a public hearing that was held before the Committee on Legislation on January 17, 2012, the application of P. Tsouflidis, as owner, to expand into the second floor of 708 Elmwood within the Elmwood Avenue Business Distric is hereby approved upon the following conditions: 1. There shall be no bar on the second floor: 2. The second floor shall be limited to 34 seated patrons, and shall close at 11:00 p.m. Sunday through Thursday and at midnight on Friday and Saturday; 3. The second floor balcony shall be restricted to seated patrons only; 4. The rear fire escape door on the second floor shall be outfitted with a sounding fire alarm, and shall be clearly marked as a fire exit only; 5. The rear, exterior fire exit way on the second floor shall be used for emergency escape only, and persons shall not be permitted to congregate in such emergency escape way at any time; 5. All doors and windows on the first and second floors shall be closed at 11:00, p.m.; 6. No outdoor music shall be permitted at any time; 7. There shall be a maximum of two music speakers per floor, and no sub - woofers shall be used. 8. Music will terminate at 11:00 p.m. Sunday through Wednesday; at 1:00 a.m. on Friday mornings; and at 2:00 a.m. on Saturday and Sunday mornings. PASSED AYES — FRANCZYK, GOLOMBEK, KEARNS, LOCURTO, PRIDGEN, RIVERA, RUSSELL, SMITH - 8 NOES - FONTANA - 1 NO. 115 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 27. 2012 at 9:45 o'clock A.M. Committee on Finance following Civil Service Tuesday, March 27, 2012 at 10:00 o'clock A.M. Committee on Comm. Dev. Tuesday, March 27, 2012 at 1:00 o'clock P.M. Committee on Legislation Tuesday, March 27, 2012 at 2:00 o'clock P.M. (Public Disclaimer All meetings are subject to change and cancellation by the respective Chairmen of Council Committees. In the event that there is sufficient time given for notification, it will be provided. In addition, there may be meetings set up whereby the City Clerk's Office is not made aware: therefore, unless we receive notice from the respective Chairmen, we can only make notification of what we are made aware. NO. 116 ADJOURNMENT On a motion by Mr. Smith, Seconded by Mr. Kearns the Council adjourned at 3:43 PMGERALD A. CHWALINSKI CITY CLERK