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Home My WebLink About12-0403 (2)NO. 7 PROCEEDINGS OF THE CITY OF BUFFALO APRIL 3, 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 -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, 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, , 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 BUDGET COMMITTEE: Demone A. Smith, Chairman, Joseph Golombek, Jr., Darius G. Pridgen, David A. Rivera - Members EDUCATION COMMITTEE: Demone Smith, Chairman, Joseph Golombek, Jr., Darius Pridgen - Members MINORITY BUSINESS ENTERPRISE COMMITTEE: Demone Smith Chairman, Joseph Golombek Jr., David A. Rivera, Bonnie E. Russell — Members POLICE OVERSIGHT: Joseph Golombek, Jr., Chairman, David A Franczyk, David A. Rivera, Bonnie E. Russell — Members PUBLIC TRANSPORTATION: Chairman, Michael J. LoCurto, David A. Rivera, Bonnie E. Russell- Members WATERFRONT DEVELOPMENT COMMITTEE: Chairman, David A. Franczyk, Joseph Golombek, Jr., Demone A. Smith- Members CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO TUESDAY, APRIL 3, 2012 AT 2:00 P.M. Present - Richard A. Fontana, President of the Council, and Councilmembers: Franczyk, Golombek Jr., LoCurto, Pridgen, Rivera, Russell, Smith - 8 Absent - 0 On a motion by Mr. Smith, Seconded by Mrs. Russell, the minutes of the stated meeting held on March 20, 2012 were approved. INVOCATION PLEDGE TO FLAG DATE April 3, 2012 **FINAL** MAYOR MAYOR - EXECUTIVE 1. Pres Bd- Application for Landmark Design -791 Washington aka 817 Washington (hrg 4/24) LEG 2. Pres Bd -Info Reg 206 Allen- Preservation Bd Vote LEG 3. Plan Bd -SEQR- Negative Declaration 474 Babcock St(Fill) R &F 4. Strat Plan- Adjustments to BOA Contracts -Urban Strategies, Inc. and Camiros, Ltd APP 5- 4A. Strat Plan- Permission to Designate Devel. PUSH Bflo 99 Chenango, 335 -339 Massachusetts(Niag) APP 6- 4B. Strat Plan- Permission to Designate Devel. St. John Comm Devel Corp -17 Bldg Sites; 50 Parcels(Ell) CD 7- 5. Strat Plan- Report of Sale 858 E. Ferry(Masten) APP COMPTROLLER 8- 6. Certificate of Necessity- Transfer of Funds -PW and Law PUBLIC WORKS 9- 7. Change in Contract Elmwood Ave Reconst. Project(North) APP 10- 8. Change in Contract Fruitbelt Devel of Carlton St Project(Ell) APP 11- 9. Change in Contract S. Bflo Legacy Complex(Nevilly Pk) APP 12- 10. Change in Contract Erie Basin Marina Boardwalk Electrical APP 13- 11. Permission to Hire Consultant -Engr Services Genesee St Gateway Proj(Ell) APP 14- 11A. Request to Purchase Vehicles APP FIRE 15- 12. Permission to Hire Consultant -Radio Tower Inspec for Bflo Fire, Police & PW APP PERMITS AND INSPECTIONS 16- 13. Food Store (New) 1069 Broadway (Fill) LEG 17- 14. Food Store (New) 1129 East Ferry(Fill) LEG 18- 15. Food Store (New) 212 Forest (North) APP 19- 16. Food Store (New) 67 Hertel (North) APP 20- 17. Food Store (New) 468 Niagara (Ell) LEG 21- 18. Food Store (New) 983 Tonawanda(North) APP 22- 19. Restaurant Dance License(Renewal) 1108 Elmwood(Del) LEG 23- 20. Sidewalk Cafe 1264 Hertel Ave(New Owner)(Del) APP 24- 21. Used Car Dealer 2170 South Park(South) LEG HOUSING AUTHORITY 25- 22. Revised Wage Rate for Exempt Executive Director CS 26- 23. Wage Increase for Exempt Assistant Executive Director APP CITY CLERK 27- 24. Liquor License Applications R &F 28- 25. Leaves of Absence R &F 29- 26. Notices of Appointments- Temp/Prov/Perm CS MISCELLANEOUS 30- 27. L. Bain - Application for Consideration for South Council District Seat COW 31- 27A. P. Burke - Application for Consideration for South Council District Seat COW R &F 32- 28. M. Fisher - Application for Consideration for South Council District Seat COW 33- 29. J. Morales- Application for Consideration for South Council District Seat COW 34- 29A. J. Panek - Hortman- Application for Consideration for South Council Dist Seat 35- 30. AJ Verel- Application for Consideration for South Council District Seat COW 36- 30A. T. Whalen- Application for Consideration for South Council District Seat COW 37- 30B. B. Vivian - Application for Consideration for South Council District Seat COW 38- 30C J. Gartler III - Application for Consideration for South Council District Seat COW 39- 30D W. Mack - Application for Consideration for South Council District Seat COW 40- 31. Various Letters of Recommendation for Linda Bain S. Council District Seat COW 41- 32. Bishop L. Boyd- Continued Sidewalk Replacement CD,PW 42- 33. S. Dove - Concerns St. Paul Mall N R &F 43- 34. J. Golombek - Article -R. Termini: Archaic Rule on Community Colleges LEG 44- 35. J. Golombek- Opposition to Elimination of the #63 Riverside Express Bus LEG 45- 36. M. Kearns - Letter of Resignation R &F 46- 37. A. Kremer - Bringing Verifiable Facts to NY's Energy Debate R &F 47- 38. NYSDEC - Delist Notice - Lehigh Valley Railroad 110 Furhmann Blvd R &F 48- 39. NYSDOT- Restricted Hgwy Elm and Oak Street R &F 49- 40. D. Pridgen - Article- Publicly Owned Internet Service CD 50- 41. D. Pridgen -D. Adamczyk- Students Absenteeism ED 51- 42. R. Sharrer- Graduation Rate College Basketball Players ED 52- 43. M. White- Downtown Entertainment Review District, ZR -12 -178 LEG PETITIONS Comm of Deeds 53- 44. J. Fletcher, Agent, Use 2515 Bailey for Freestanding Sign(no hrg)(Univ)LEG,CPBD 54- 44A. L. Domiano & O- Petition to Reinstate Route 63 Bus LEG RESOLUTIONS 84- 45. Fontana, etc Support Advancement of Children's Museum Experience at TABLE ITEMS - - - - -- Waterfront Neighborhood Community Development Agreement (ccp #3, 8/14/2010) Canalside ADOPT 85- 46. Fontana Waiver of Fee for Use of a City Park by South Buffalo Alive APP 86- 46A. Franczyk Dedication of a Park at 828 S. Division St CD 87- 47. Golombek Ord Amend -Ch 263, Licenses LEG 88- 48. LoCurto Transfer in Funds -Law, PW APP 89- 49. Pridgen Illegally Placed Advertising Signs ADOPT 90- 49A. Pridgen Ord Amend -Ch 511: Zoning- Special Zoning Districts APP 91- 49B. Pridgen,etc.Trayvon Martin Investigation ADOPT 92- 50. Pridgen License for Businesses Operating Out of Motor Vehicles ADOPT 93- 50A. Rivera Massachusetts Ave Sustainable Neighborhoods Project R &F 94- 51. Smith Appointment Marriage Officer(Burks) ADOPT 95- 52. Smith Trailblazing Sign Req. for Grover Sr. and Lillian Washington APP 96- 53. Smith Waive Park Fees Associated with Masten Distr Easter Egg Hunt 97- 54. Smith Comm of Deeds -Public Duties ADOPT 98- 55. Smith Comm of Deeds ADOPT TABLE ITEMS - - - - -- Waterfront Neighborhood Community Development Agreement (ccp #3, 8/14/2010) SUBMISSION LIST OF COMMITTEE ITEMS FOR THE COUNCIL MEETINGS CIVIL SERVICE 8. No 55 Mar 20 NYSDEC- Amendments to Freshwater Wetland Maps 55- 1. Com 7 Mar 20 Appoint Computer Programmer (Max)(Perm)(Barker, SanFilippo)(MIS) APP 56- 2. Com 18 Mar 20 Appoint Architect (Perm)(Step 12)(Fanara)(PW) R &F 57- 3. Com 19 Mar 20 Appoint Engineering Aide (Perm)(Step 5)(Ziemba)(PW) R &F 58- 4. Com 20 Mar 20 Appoint Laborer II (Perm)(Second Step)(Legrand)(PW) APP 59- 5. Com 46 Mar 20 Notices of Appointments- Temp /Prow /Perm(Cty Clk) R &F FINANCE 60- 6. No 47 Oct 18 F, Vosburgh -Chase Bank Programs & Initiatives R &F 61- 7. No 82 Sept 6 G. Nickson - Application for Telecommunications Franchise ROW APP 70- 16. Com 27 Mar 20 Food Store License (New) -3215 Main (Univ)(EDPI) APP With COB R &F COMMUNITY DEVELOPMENT 62- 8. No 55 Mar 20 NYSDEC- Amendments to Freshwater Wetland Maps R &F 63- 9. No 46 Jan 24 R. Fontana -B. McCaffrey- Concerns Stairs Behind Albright -Knox Museum R &F 64- 10. No 82 Mar 22 Additional Info on Federal Financial Assistance(Compt)( 410,3/8) R &F LEGISLATION 65- 11. No 66 Mar 20 J. Letizia, Owner, Use 982 Elmwood -Alter Retail Space to Cafe w /Outdoor Caf6 in City ROW(hrg 3/27)(Del) APP 66- 12. No 67 Mar 20 M. Montante, Owner Use 1832 Main St for Expansion of Sit in Restaurant (hrg 3/27)(Ell) APP 67- 13. No 69 Mar 20 M. Xaseen, Owner, Use 1560 S. Park, Add Take -Out Rest /Deli to Existing Store(South)(hrg 3/27) APP 68- 14. No 70 Mar 20 B. Bernatovicz, Agent, Use 1313 Main St. for a Ground Sign (no hrg)(Ell) APP W /COND 69- 15. Com 24 Mar 20 Food Store License (New) -2065 Delaware(Del)(EDPI) APP 70- 16. Com 27 Mar 20 Food Store License (New) -3215 Main (Univ)(EDPI) APP 71- 17. Com 30 Mar 20 Food Store License (New) -281 Parkside(Del)(EDPI) APP 72- 18. Com 35 Mar 20 Sidewalk Caf6 -212 Pearl St. (aka 127 Franklin)(Ell)(EDPI) APP W /COND 73- 19. Com 36 Mar 20 Sidewalk Caf6 -1953 Seneca(South)(EDPI) APP 74- 20. Com 37 Mar 20 Used Car Dealer -1657 Broadway(Lov)(EDPI) APP W /COND 75- 21. No 39 Mar 6 D. Smith-USP S -Moving Mail Operations From Buffalo to Rochester R &F 76- 22. No 126 Feb 21 Regulating Usage of Portable on Demand Storage and Other Temporary Storage Units(exc res)( 497,5/3) R &F 77- 23. No 49 Jan 24 M. Kearns - Bringing FiOS to Buffalo R &F 78- 24. No 50 Jan 24 M. Kearns - Article -City Hall Fellows R &F 79- 25. Res 97 Jan 24 Ord Amend -Ch 175, Fees - Enumeration of Fees R &F 80- 26. Res 99 Jan 24 Ord Amend -Ch 316 Peddling & Soliciting R &F 81- 27. Res 49 Dec 27 Public Skating at City Ice Rinks R &F 82- 28. Res 88 Jan 25 City Wide Emergency Notification Through Email and Texting R &F 83- 29. Res 112 May 13 Shared Municipal Services- Traffic Signals and Signage 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 4/24) Report and Recommendation from Buffalo Preservation Board to Buffalo Common Council Re: Application for Landmarks /Landmark Status: "Trico Plant #1" -791 Washington Street The Buffalo Preservation Board recommends that the attached application for City of Buffalo Local Landmark designation be approved by Buffalo Common Council. The application was initiated and prepared by the Preservation Board as a result of the recognition of the historic and cultural value that this property offers the City of Buffalo as well as possible threats the buildings may face in the future. Below is an overview of their significance. The application was prepared and reviewed by the Preservation Board in accordance with, Chapter 337 Article III of City Charter. According to Chapter 337. "any person, group of persons, or association may request designation of a landmark, landmark site, or an historic district by submitting an application for designation... The Preservation Board may also initiate proceedings for designation of a landmark, landmark site, or historic district." The attached applications were reviewed at a public hearing held by the Buffalo Preservation Board at its March 22, 2012 meeting. The property owners were contacted by mail and given opportunity to comment. Please feel free to contact Paul McDonnell, Preservation Board Chair, or Angela Webber at 851 -4064 if you have any questions. I V A 9AV:» III tell r. I:9K0ldildiIIa1:10i1 ►111xe311W_1I to] ► FROM THE OFFICE OF STRATEGIC PLANNING NO. 2 PRES BD -INFO REG 206 ALLEN - PRESERVATION BOARD VOTE To Your Honorable Body: On Thursday, March 8, 2012, the Buffalo Preservation Board considered a request for a canopy with signage at the above referenced property located in the Allentown Historic District that would be projecting from the face of the building and anchored over the City's Right Of Way. Site specific drawings were provided for the Board's review. The Applicant agreed to remove signage from the canopy, retaining a decorative motif on the street sided of the canopy. A motion to approve failed by a vote of 5 in favor and 2 opposed and therefore the motion was denied because it failed to meet a majority of the whole. The vote was as follows: Ayes: Howard, Lander, Gurney, Kunkemoeller, Lippes Nayes: Tielman, McDonnell Absent: Singleton, Watts, Laping Abstentions: None. The Owner is asking that the Buffalo Common Council review this request at their next scheduled meeting. REFERRED TO THE COMMITTEE ON LEGISLATION FROM THE CITY PLANNING BOARD NO. 3 PLAN BD -SEQR- NEGATIVE DECLARATION 474 BABCOCK ST(FILL) SEQRA Notice of Determination Non Significance Negative Declaration This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (SEQR - State Environmental Quality Review) of the Environmental Conservation Law. Lead Agency: City of Buffalo Planning Board Room 901 City Hall 65 Niagara Square Buffalo New York 14202 As per the provisions of SEQR, the Lead Agency has reviewed the following action as it relates to the environment: Action Title New Building Addition. McKenica & Sons Location: 474 Babcock Street Type of Action: Uncoordinated - Unlisted Description: MWT Architects on behalf of Edwin J. McKenica & sons is proposing to construct a building addition on the properly located at 474 Babcock Street Buffalo New York Edwin J. McKenica & Sons Inc. is a production manufacturing company specializing in large scale CNC metal part fabrication and production. It is proposed that a new 4.560 Square Foot building addition to an existing building. The buildings proposed use will be for a new state of the art machine used for metal fabrication. The structure will be a pre- engineered, rigid frame stamped metal panel building on a foundation wall with split faced concrete block base and a total height of 29'. The proposed building will be compliant with the New York Slate building Code and will not require additional fire separation walls to be constructed. New landscaping will be added meeting the City Code requirements. Adjacent property owners were contacted as well as the actual building (as par the owner representative) meeting and exceeding the building and zoning ordinances The project is privately with developer hoping that he will be able to complete the addition in mid to late 2012 As a result of this Environmental Review. the Lead Agency has determined the undertaking of this action wilt not have a significant adverse affect on the quality of the environment. No further environmental review of this action will be conducted prior to project implementation and a Draft Environmental Impact Statement will not be prepared. Reasons Supporting This Determination: The facts and reasons for this decision are as follows: The project will keep a prominent local business employing local residents to remain in the City of Buffalo as well as increase business with the possibility of creating more employment opportunities. The project will also add much needed landscaping to the site. The identified potential negative impacts appear to be primarily short -term site preparation and construction related activities and do not appear to be significant in magnitude or effect. There are no actions, which will have a significant adverse impact on the environment. For further information relative to this Negative Declaration. contact Mr. Martin Grunzweig, Lane Use Controls Coordinator. Room 901 City Hall. Buffalo New York 14202 - 716 851 -5085 Dated: March 13. 2012 RECEIVED AN D FILED NO.4 STRAT PLAN - ADJUSTMENTS TO BOA CONTRACTS -URBAN STRATEGIES, INC. AND CAMIROS, LTD. PRIOR COUNCIL REFERENCE: ITEM NO. 00002 CCP 04/22/10 (CAMIROS CONTRACT APPROVAL) ITEM NO. 00012, CCP 08/30/11 (URBAN STRATEGIES CONTRACT APPROVAL) The purpose of this communication is to request permission to adjust the contracts for consultant work under three New York State Department of State (DOS) Step 2 Brownfield Opportunity Area (BOA) grants: Buffalo Harbor, Buffalo River Corridor, and Tonawanda Street Corridor. The BOA program provides funding to analyze existing conditions, identify strategic sites, and develop plans for reusing and revitalizing brownfields. The total project budget is $1,550,000. The BOA grant will cover 90 percent - $1,395,000 - of this amount. The 10 percent match is being provided through $105,000 from the Buffalo Urban Renewal Agency, and $50,000 from the Erie Canal Harbor Development Corporation. The present project budget allocates $1,316,580 to secure consultants to prepare the three studies that DOS requires. The city publicly advertised for and received proposals to provide consultant services on the BOA project. After reviewing the proposals and conducting interviews, Urban Strategies, Inc. was awarded a contract in the amount of $567,341 to act as Nominations Director and provide Technical Services. Camiros, Ltd. had previously been awarded a contract in the amount of $749,239 to provide Master Planning. After the completion the first phase of the BOA work, OSP reexamined areas where the consulting teams could be deployed more efficiently, while expanding the services being provided to improve the level of community and stakeholder engagement. As a result, a revised scope of work and budget has been prepared that allocates $931,132 to Urban Strategies, Inc. and $306,146 to Camiros, Ltd.; for a total consultant budget of $1,237,278. The revised scope of work and budget will allow the project to move forward more effectively, while reducing total project costs by approximately $79,302.00. 1 respectively request that your Honorable Body authorize the necessary adjustments, modifications, or amendments to the contracts of Urban Strategies, Inc. and Camiros, Ltd.; and that your Honorable Body further authorize appropriate city personnel to take such actions and enter into such agreements and arrangements as are necessary to amend said contracts and to facilitate and implement the on -going objectives of this project. Mr. Smith moved: That the above communication from the Executive Director of the Office of Strategic Planning dated March 29, 2012, be received and filed; and That tile Executive Director of the Office of Strategic Planning, be, and he hereby is authorized to adjust the contracts for consultant work with Camiros, Ltd. And Urban Strategies, Inc., under three New York State Department of State (DOS) Step 2 Brownfield Opportunities Are (BOA) grants: Buffalo Harbor, Buffalo River Corridor, and Tonawanda Street Corridor. The total project budget is $1,550,000. The BOA grant will cover 90% ($1,395,000). The 10% match is being provided through $105,000 from the Buffalo Urban Renewal Agency, and $50,000 from the Erie Canal Harbor Development Corporation. PASSED AYES -8 NOES -0 NO. 6 STRAT PLAN - PERMISSION TO DESIGNATE DEVEL. PUSH BFLO 99 CHENANGO, 336 -339 MASSACHUSETTS(NIA) Permission to Designate Developer PUSH Buffalo 99 Chenango; 335 -339 Massachusetts Niagara District The Office of Strategic Planning, Division of Real Estate, has received a proposal from PUSH Buffalo, 271 Grant Street, Buffalo New York 14213 to purchase the above captioned properties. PUSH is proposing to rehabilitate the single - family house at 99 Chenango and to construct a two family house on the vacant lots at 335 & 339 Massachusetts. The fair market value of the city owned properties is Five Thousand Four Hundred Dollars ($5,400.00) for 99 Chenango and Eighty Thousand Seven Hundred Dollars ($8,700.00) for 335 and 339 Massachusetts. The Office of Strategic Planning Division of Real Estate, respectfully requests that Your Honorable Body designate PUSH Buffalo and or a corporation, partnership, or other legal entity to be formed as developer of the subject properties for a period of Twelve (12) months subject to the following conditions: a. Submission by the developer of a detailed site plan of the project for approval by the City of Buffalo Planning Board (if necessary) and construction plans, including landscaping and a breakdown of estimated total project costs, for review and approval by the City. b. Submission of a colored rendering of the property suitable for presentation to the City Common Council which shall be submitted prior to the Common Council approval of a Land Disposition Agreement. c. Submission of monthly progress reports by the Developer to the Office of Strategic Planning, Division of Real Estate. d. Submission by the developer of evidence of equity capital and mortgage financing necessary for the completion of the project which shall be submitted prior to closing. e. Payment of a designation fee of Two Hundred Fifty Dollars ($250.00) per month by developer to the City, payable within five (5) days from the date of designation and due thereafter the first day of every month. In the event developer shall exercise its option to acquire said property pursuant to the Land Disposition Agreement (LDA) to be negotiated by Redeveloper and the City, said option fee shall be applied as a credit towards the purchase price. In the event Redeveloper shall not proceed with the development of the property within the designation period, developer shall forfeit all fees paid on account and the City shall retain all such fees. f. Redeveloper is responsible for performing any soil borings and soil investigations, as per a license agreement to be granted by the City, for the purpose of determining, to developer's satisfaction, the suitability of the site for its intended use, and the presence or absence of hazardous substances as such term is used in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended (C.E.R.C.L.A) 42 USC ss 9601 et seq.: The Hazardous Materials Transportation Act, as amended, 49 USC ss 1801 et seq.: The Resource Conservation and Recovery Act, as amended, 42 U SC ss 6901 et seq.:Articles 15 and 27 of the New York State Environmental Conservation Law or any other federal, state, or local law, regulation, rule, ordinance, by -law, policy guidance, procedure, interpretation, decision, order, or directive, whether existing as of the date hereof, previously enforced or subsequently enacted. g. The successful negotiation of a Land Disposition Agreement for approval by the Common Council by no later than twelve (12) months from the date the Common Council approves the designation. h. Upon signing of LDA, payment by the Redeveloper to the City of a non - refundable deposit, in the amount of ten percent (10 %) of the agreed to selling price. The sale price to be established in accordance with Article 27 of the City of Buffalo Charter. i. Individuals and or corporations having outstanding taxes, water bills, parking tickets, user fee and /or demolition liens or any other liens owned to the City of Buffalo, or if code violations exist on any property' owned by them they are ineligible for designation. The City of Buffalo may terminate this designation should the developer fail to meet any of the deadlines set forth above. Should the City elect to terminate this designation on or before the end of the designation period for failure by the developer to comply with the above conditions, the City will give written notice to the developer via certified mail and allow the developer two (2) weeks to cure. This designation will expire twelve (12) months from the date the Common Council approves the designation. I am requesting that your Honorable Body approve the designation of PUSH Buffalo, 271 Grant Street, Buffalo New York 14213 as developer of 99 Chenango and 335 -339 Massachusetts upon the above terms and conditions; authorize the Executive Director of the Office of Strategic Planning to prepare the necessary agreements for the development of the parcels; and forward to the Common Council for final approval agreements for the transfer of title. BRFENDAN MEHAFFY EXECUTIVE DIRECTOR OFFICE OF STRATEGIC PLANNING Mr. Smith moved: That the communication from the Office of Strategic Planning Dated April 2, 2012, be received and filed; and That the Common Council approves the designation of PUSH Buffalo, 271 Grant Street, Buffalo, New York 14213 as developer of 99 Chenango and 335 -339 Massachusetts upon the above terms and conditions; authorizes the Executive Director of the Office of Strategic Planning to prepare the necessary agreements for the development of the parcels; and directs that agreements for transfer of title be forwarded to the Common Council for approval PASSED AYES - 8 NOES — 0 NO. 6 STRAT PLAN - PERMISSION TO DESIGNATE DEVEL. ST. JOHN COMM DEVEL CORP 17 BLDG SITES; 60 PARCELS (ELL) Permission to Designate Developer St. John Community Development Corporation 17 Building Sites; 50 Parcels (List Attached) Ellicott District The Office of Strategic Planning, Division of Real Estate, has received a proposal from St. John Community Development Corporation, 184 Goodell Street, Buffalo, New York, 14204 to acquire the attached list of properties. St. John CDC is proposing to construct 17 energy efficient townhomes on the sites as part of an overall project to build a total of 49 townhouses. The 50 listed city owned properties are needed for this phase of the project. The fair market value of the city owned properties is Eighty Thousand Five Hundred Dollars ($80,500.00). The Office of Strategic Planning, Division of Real Estate, respectfully requests that Your Honorable Body designate St. John Community Development Corporation and or a corporation, partnership, or other legal entity to be formed as developer of the subject properties for a period of Twelve (12) months subject to the following conditions: a. Submission by the Redeveloper of a detailed site plan of the project for approval by the City of Buffalo Planning Board (if necessary) and construction plans, including landscaping and a breakdown of estimated total project costs, for review and approval by the City. b. Submission of a colored rendering of the property suitable for presentation to the City Common Council which shall be submitted prior to the Common Council approval of a Land Disposition Agreement. c. Submission of monthly progress reports by the Developer to the Office of Strategic Planning, Division of Real Estate. d. Submission by the developer of evidence of equity capital and mortgage financing necessary for the completion of the project which shall be submitted prior to closing. e. Payment of a designation fee of Five Hundred Dollars ($500.00) per month by developer to the City, payable within five (5) days from the date of designation and due thereafter the first day of every month. In the event developer shall exercise its option to acquire said property pursuant to the Land Disposition Agreement (LDA) to be negotiated by Redeveloper and the City, said option fee shall be applied as a credit towards the purchase price. In the event Redeveloper shall not proceed with the development of the property within the designation period, developer shall forfeit all fees paid on account and the City shall retain all such fees. f. Redeveloper is responsible for performing any soil borings and soil investigations, as per a license agreement to be granted by the City, for the purpose of determining, to developer's satisfaction, the suitability of the site for its intended use, and the presence or absence of hazardous substances as such term is used in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended (C.E.R.C.L.A) 42 USC ss 9601 et seq.: The Hazardous Materials Transportation Act, as amended, 49 USC ss 1801 et seq.: The Resource Conservation and Recovery Act, as amended, 42 USC ss 6901 et seq.: Articles 15 and 27 of the New York State Environmental Conservation Law or any other federal, state, or local law, regulation, rule, ordinance, by -law, policy guidance, procedure, interpretation, decision, order, or directive, whether existing as of the date hereof, previously enforced or subsequently enacted. g. The successful negotiation of a LDA for approval by the Common Council by no later than twelve (12) months from the date the Common Council approves the designation. h. Upon signing of LDA, payment by the Redeveloper to the City of a non - refundable deposit, in the amount of ten percent (10 %) of the agreed to selling price. The sale price to be established in accordance with Article 27 of the City of Buffalo Charter. i. Individuals and or corporations having outstanding taxes, water bills, parking tickets, user fee and /or demolition liens or any other liens owned to the City of Buffalo, or if code violations exist on any property owned by them they are ineligible for designation. The City of Buffalo may terminate this designation should the developer fail to meet any of the deadlines set forth above. Should the City elect to terminate this designation on or before the end of the designation period for failure by the developer to comply with the above conditions, the City will give written notice to the developer via certified mail and allow the developer two (2) weeks to cure. This designation will expire twelve (12) months from the date the Common Council approves the designation. I am requesting that your Honorable Body approve the designation of St. John Community Development Corporation, 184 Goodell Street, Buffalo, New York, 14204 as developer of the attached list of properties upon the above terms and conditions; authorize the Executive Director of the Office of Strategic Planning to prepare the necessary agreements for the development of the 50 parcels; and forward to the Common Council for final approval agreements for the transfer of title. BRENDAN MEHAFFY EXECUTIVE DIRECTOR OFFICE OF STRATEGIC PLANNING REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 7 STRAT PLAN - REPORT OF SALE 858 E. FERRY (MASTEN) Report of Sale 858 East Ferry, Approximately 2.94 Acres (excludes approximately .45 acres, said exclusion being a 25' +- section along the northeast boundary) (Masten District) The Office of Strategic Planning, Division of Real Estate has received a request from Ms. Judith Scott, Property Manager of Belmont Housing Resources of WNY, 1195 Main Street, Buffalo, New York 14209 to purchase 858 East Ferry Street. The sale shall exclude approximately .45 acres, said exclusion being a 25' +- section along the northeast boundary. Belmont Housing Resources of WNY plans to redevelop the site into a thirty (30) unit low to moderate income household development. In 1992, the City of Buffalo acquired 858 East Ferry through Tax Foreclosure. The property is a vacant former industrial site triangular in shape. The property is zoned M -1 and is encumbered by an easement for the Scajaquada Creek Drain that cuts through the middle of the property. The property was part of a recent Ten Million Dollar New York State Department of Environmental Conservation clean -up of this site and off -site properties. The closure report was received on October 1, 2009 by the City of Buffalo. The property has been remediated for unrestricted use. The Buffalo Sewer Authority has the following conditions: 1. That no permanent structures be placed over the existing Scajaquada Drain 2. The Buffalo Sewer AuthOrity be granted access to the drain within the property for the purpose of maintaining the facility 3. Any existing easement /restrictions referencing Scajaquada Drain shall be maintained in full force and effect. The Office of Strategic Planning Land Use Planning Committee, Department of Public Works, Parks and Streets. Division of Permit and Inspection Services and the Division of Collections have no objections to the Sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. Ms. Judith Scott, Property Manager of Belmont Housing Resources of WNY has commissioned Mr. Gerald Schmitt, real estate appraiser, of GAR Associates Appraisal, Inc. to estimate the fair market value of the subject property. He has estimated the Fair Market Value to be One Hundred Twenty Thousand Dollars ($120.000.00) The City of Buffalo, Appraisal Review Board has reviewed the appraisal report and concurs with the appraisers' estimate of value. I am recommending that Your Honorable Body approve the sale of 858 East Ferry, excluding approximately .45 acres said exclusion being a 25 +- section along the northeast boundary to Belmont Housing Resources of WNY in the amount of One Hundred Twenty Thousand Dollars ($120,000.00). 1 am further recommending that the Law Department prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. BRENDAN MEHAFFY EXECUTIVE DIRECTOR OFFICE OF STRATEGIC PLANNING Mr. Smith moved: That the above communication from the Office of Strategic Planning dated March 29, 2012, be received and filed; and That the offer from Ms. Judith Scott, Property Manager of Belmont Housing Resources of WNY, 1195 Main Street, Buffalo, New York, in the amount of One Hundred Twenty Thousand Dollars ($120,000.00) for the purchase of 858 East Ferry, be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, m accordance with the terms of sale upon which the offer was submitted. PASSED Councilmember Pridgen excused from Voting AYES -7 NOES -0 FROM THE COMMISSIONER OF PUBLIC WORKS. PARKS AND STREETS NO. 9 CHANGE IN CONTRACT ELMWOOD AVE. RECONSTRUCTION PROJECT Contract #92010774 PIN #5755.46 North District Prior council reference: Item #2 of February 22, 2000 Contract Summary: Contract Amount $870,000.00 + Amount of change order(# 1) $ 45,404.00 Revised Contract Amount $915,404 00 City share of Change Order ( #1) - 5% or $2,270.20 1 hereby submit to your Honorable Body the following change for this contract. Erdman Anthony and Associates is the Consultant for the Elmwood Avenue Reconstruction Project for the City of Buffalo. This contract provided for the design of the project. This increase is necessary to fund additional design work to update plans to conform with current ADA Requirements and also to implement State items into the plans as currently required by the New York State Department of Transportation. This is a federally funded project and the funding breakdown is 80% Federal, 15% State and 5% City. I certify that this increase is fair and equitable for the work involved. I respectfully request that your Honorable Body approve the subject change order and authorize the Commissioner of Public Works, Parks and Streets to issue said increase for $45,404.00. Of this amount, 5% or $2,270.20 is the City share of the change. The Federal and State portions (95 %) have already received approval. The funds are available in Capital Project Account #34359206 - 445500. Mr. Smith moved: That the above communication from the Commissioner of Public Works. Parks and Streets dated March 28, 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 $45,404.00 (Original Contract Amount - $870,000 T Amount of Change Order - $45,404 for a total revised contract amount of $915,404) for the Elmwood Avenue Reconstruction Project, Contract No. 92010774. Funds for the project are available in Capital Project Account #34359206-445500. PASSED AYES -8 NOES -0 NO. 10 CHANGE IN CONTRACT FRUITBELT DEVELOPMENT OF CARLTON ST. PROJECT Contract #93000738 PIN #5759.40 Masten District Contract Summary: Contract Amount $418,812.00 + Amount of change order(# 1) $ 27,500.00 Revised Contract Amount $446,312 02 1 hereby submit to your Honorable Body the following change for this contract. TVGA Consultants are the Consultant for the Fruitbelt Development of Carlton Street Project for the City of Buffalo. This contract provided for the design of the project. This increase is necessary to fund additional work to design the replacement of the aged 6" water line with a new 8" line that was requested by the Water Department. This will be a betterment paid by the Water Department. I certify that this increase is fair and equitable for the work involved. The funds will be available in a Capital Project 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 27. 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 $27,500.00 for the Fruitbelt Development of Carlton Street Project to TVGA Consultants. Funds for the project will be available in a Capital Project Account to be named at a later date. PASSED AYES -8 NOES -0 NO. 11 CHANGE IN CONTRACT SOUTH BUFFALO LEGACY COMPLEX (NEVILLY PARK) FROM THE COMPTROLLER NO. 8 CERTIFICATE OF NECESSITY - TRANSFER OF FUNDS -PW AND LAW We, Byron W. Brown, Mayor and Mark J.F. Schroeder, Comptroller, do hereby certify, pursuant to Section §20 -12 of the Charter, that it is necessary that the sum of $1,100,000 be transferred and reappropriated as set forth below: From: 17213003 - 441006 Utility Management Fee $ 50,000 17221008 - 480101 Tax Adjustment $150,000 17221008 - 480102 Tax Certs $150,000 17221008 - 480203 Motor Vehicle Self Insurance $ 40,000 1 7221 008 —480205 Prior Year Claims $400,000 1 7301 002 — 421 004 Dental $120,000 17302002 -4 22000 FICA $190,000 To: 10546006 —432003 Law, Legal Services $600,000 13296005 —461103 Public Works, Buildings Chemicals $7,900 13296006 —443200 Public Works, Buildings Building Repairs $ 352,625 13296006 —443301 Public Works. Buildings Machine & Equipment Repair $36,175 13296006 —443400 Public Works, Buildings Equipment Maintenance Contract $94.000 13296006 —444201 Public Works, Buildings Rental of Equipment & Vehicles $ 9,300 RECEIVED AND FILED FROM THE COMMISSIONER OF PUBLIC WORKS. PARKS AND STREETS NO. 9 CHANGE IN CONTRACT ELMWOOD AVE. RECONSTRUCTION PROJECT Contract #92010774 PIN #5755.46 North District Prior council reference: Item #2 of February 22, 2000 Contract Summary: Contract Amount $870,000.00 + Amount of change order(# 1) $ 45,404.00 Revised Contract Amount $915,404 00 City share of Change Order ( #1) - 5% or $2,270.20 1 hereby submit to your Honorable Body the following change for this contract. Erdman Anthony and Associates is the Consultant for the Elmwood Avenue Reconstruction Project for the City of Buffalo. This contract provided for the design of the project. This increase is necessary to fund additional design work to update plans to conform with current ADA Requirements and also to implement State items into the plans as currently required by the New York State Department of Transportation. This is a federally funded project and the funding breakdown is 80% Federal, 15% State and 5% City. I certify that this increase is fair and equitable for the work involved. I respectfully request that your Honorable Body approve the subject change order and authorize the Commissioner of Public Works, Parks and Streets to issue said increase for $45,404.00. Of this amount, 5% or $2,270.20 is the City share of the change. The Federal and State portions (95 %) have already received approval. The funds are available in Capital Project Account #34359206 - 445500. Mr. Smith moved: That the above communication from the Commissioner of Public Works. Parks and Streets dated March 28, 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 $45,404.00 (Original Contract Amount - $870,000 T Amount of Change Order - $45,404 for a total revised contract amount of $915,404) for the Elmwood Avenue Reconstruction Project, Contract No. 92010774. Funds for the project are available in Capital Project Account #34359206-445500. PASSED AYES -8 NOES -0 NO. 10 CHANGE IN CONTRACT FRUITBELT DEVELOPMENT OF CARLTON ST. PROJECT Contract #93000738 PIN #5759.40 Masten District Contract Summary: Contract Amount $418,812.00 + Amount of change order(# 1) $ 27,500.00 Revised Contract Amount $446,312 02 1 hereby submit to your Honorable Body the following change for this contract. TVGA Consultants are the Consultant for the Fruitbelt Development of Carlton Street Project for the City of Buffalo. This contract provided for the design of the project. This increase is necessary to fund additional work to design the replacement of the aged 6" water line with a new 8" line that was requested by the Water Department. This will be a betterment paid by the Water Department. I certify that this increase is fair and equitable for the work involved. The funds will be available in a Capital Project 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 27. 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 $27,500.00 for the Fruitbelt Development of Carlton Street Project to TVGA Consultants. Funds for the project will be available in a Capital Project Account to be named at a later date. PASSED AYES -8 NOES -0 NO. 11 CHANGE IN CONTRACT SOUTH BUFFALO LEGACY COMPLEX (NEVILLY PARK) JOB #1074 SOUTH DISTRICT I hereby submit to Your Honorable Body the following changes for the South Buffalo Legacy Complex (Nevilly Park), URS Corp., C #93000837. 1. Phase 1 Archeological Survey requested by the New York Add $4,997.00 State Office of Parks, Recreation & Historic Preservation. The foregoing change results in a net increase in the contract of Four Thousand Nine Hundred Ninety Seven and 00/100 Dollars ($4,997.00). Summary: Original Contract Amount $179,000.00 Amount of This Change Order ( #1) Add $ 4,997.00 Revised Contract Amount $183,997.00 Costs have been reviewed by the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in 33311206 445100 - Buildings. Mr. Smith moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated March 23, 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 $4,997.00 (Original Contract Amount - $179,000 + Amount of Change Order - $4,997 for a total revised contract amount of $183,997) for the South Buffalo Legacy Complex. Funds for the project are available in Account 33311206 445100 - Buildings PASSED AYES -8 NOES -0 NO. 12 CHANGE ORDER #1 ERIE BASIN MARINA BOARDWALK ELECTRICAL Contract No. 93000816 The Department of Public Works, Parks & Streets is requesting permission of Your Honorable Body to increase Contract Number 93000816 as follows: Original Contract: $26,290.00 Change Order #1: $15,000.00 New Contract Amount: $41,290.00 The scope of this contract is the installation of pedestrian lighting along the new boardwalk at the Erie Basin Marina. During the design of the scope of this contract an electrical feed location for the new lighting circuit was identified and agreed upon. As the contractor began mobilization to begin construction the original feed location was determined to be inaccurate. This change order is necessary to bring the electrical feed for the boardwalk from a different location in the Marina. Funding for the additional work is available in Account 31980006 - 445100 and another account to be named at a later date. Mr. Smith moved: That the above communication from the Commissioner of Public Works. Parks and Streets dated March 26, 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 $15,000.00 (Original Contract Amount - $26,290 - Amount of Change Order - $15,000 for a total revised contract amount of $41,290) for the Erie Basin Marina Boardwalk Electrical, Contract No. 93000816. Funds for the project are available in Account 31980006 - 445100, and another account to be named at a later date. PASSED AYES -8 NOES -0 NO. 13 PERMISSION TO HIRE CONSULTANT FOR ENGINEERING SERVICES GENESEE STREET GATEWAY PROJECT BETWEEN WASHINGTON /HURON AND OAK STREETS ELLICOTT DISTRICT I hereby request permission from Your Honorable Body to hire an Engineering Consultant for the design, construction manager !t and inspection of the Genesee Street Gateway Project in the Ellicott District. The funds for these services are available in our Capitol Account In order to move this project forward, this department is requesting permission to take proposals and hire an engineering consultant for the design, construction management and inspection of this project. It is also necessary for Your Honorable Body to authorize the Mayor and /or this department to enter into all necessary agreements. These agreements would enable this department to administer the project and will cover all other necessary tasks needed to complete the project. Mr. Smith moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated March 27, 2012, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to hire an Engineering Consultant for the design, construction management and inspection of the Genesee Street Gateway Project in the Ellicott District. The funds for these services are available in the Capital Account. PASSED AYES -8 NOES -0 NO. 14 REQUEST TO PURCHASE VEHICLES Purchase (2) Freightliner Chassis for Refuse 255' wheel Body Installation from Contract #7531 @ 94,949.00ea $94,949.00 TOTAL $94,949.00 Fleet Main Funds from 15050007 - 474200 Mr. Smith moved: That the communication from the Commissioner of Public Works, Parks and Streets dated March 28, 2012 be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to purchase two (2) Freightliner Chassis for Refuse 255' wheel body installation from Contract #7531 in the amount of $94,949.00. Source of funds is Account 15050007 - 474200. PASSED AYES -8 NOES -0 FROM THE COMMISSIONER OF FIRE NO. 15 PERMISSION TO HIRE CONSULTANT FOR RADIO TOWER INSPECTION FOR BUFFALO FIRE, BUFFALO POLICE AND THE DEPARTMENT OF PUBLIC WORKS. I hereby request permission from Your Honorable Body to engage the services of an Engineering Consultant for the Radio Tower Inspection for the Buffalo Fire, Buffalo Police and the Department of Public Works. Currently, these Departments are upgrading their City radio systems to comply with new FCC rules and regulation that go into effect January 1, 2013. This project will replace existing Verizon leased lines with a City owned microwave network. Due to the additional equipment needed to be mounted on the City Towers it is necessary for a structural assessment to be completed for each tower. Under this contract the Engineering Consultant would be tasked with performing a structural inspection of each of the existing 3 radio towers and compile a list of any deficiencies. The consultant would then prepare the necessary plans and specifications to bid out any repair work and assist the Department with Construction Management and Inspection. I am also asking permission to retain these consultant services for any future tower sites. Funds for this project are available in account UASI FY09 Yr 7 Grant account 24740437 474100 10455. Mr. Smith moved: That the above communication from the Commissioner of Fire dated March 23, 2012, be received and filed; and That the Common Council hereby authorizes the Commissioner of Fire to engage the services of an Engineering Consultant for the Radio Tower Inspection for the Buffalo Fire, Buffalo Police and the Department of Public Works. The funds for these services are available in account UASI FT09 Yr 7 Grant account 24740437 474100 10455. PASSED AYES -8 NOES -0 FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT & INSPECTION SERVICES NO. 16 FOOD STORE (NEW) 1069 BROADWAY(FILLMORE) Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 1069 Broadway (Broadway Mart /Mohamed Ahmed Ali Mohamed) 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. 17 FOOD STORE (NEW) 1129 EAST FERRY (FILLMORE) Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 1129 East Ferry (Big Boys Food Market /Alsaidi Bandar) 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. 18 FOOD STORE LICENSE(NEW) 212 FOREST(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 212 Forest (Puerto Rican Bakery & Restaurant /Jose Angel Tortes Burgos) 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 communication from the Office Licenses dated March 29, 2012, be received and filed; and That the Commissioner of Permits and Inspections Services is hereby authorized pursuant to Chapter 194 of the City Code to issue a Food Store License to Jose Angel Tortes Burgos d /b /a Puerto Rican Bakery & Restaurant located at 212 Forest. PASSED AYES -8 NOES -0 NO. 19 FOOD STORE (NEW) 67 HERTEL (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 67 Hertel (Kwik Stop Mart /Zacariya A. Mohamed) 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 communication from the Office Licenses dated March 29, 2012, be received and filed; and That the Commissioner of Permits and Inspections Services is hereby authorized pursuant to Chapter 194 of the City Code to issue a Food Store License to Zacariya A. Mohamed d /b /a Kwik Stop Mart located at 67 Hertel. PASSED AYES -8 NOES -0 NO. 20 FOOD STORE (NEW) 468 NIAGARA(ELLICOTT ) Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 468 Niagara (Quick Mart /Sartib Ibrahim Mohmoud) 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. 21 FOOD STORE (NEW) 983 TONAWANDA(NORTH) Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 983 Tonawanda (Moon Lite Market I /Jaafar Radi Aljenahi) 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 communication from the Office Licenses dated March 29, 2012, be received and filed; and That the Commissioner of Permits and Inspections Services is hereby authorized pursuant to Chapter 194 of the City Code to issue a Food Store License to Jaafar Radi Aljenahi d /b /a Moon Lite Market located at 983 Tonawanda. PASSED AYES -8 NOES - 0 NO. 22 RESTAURANT DANCE LICENSE (RENEWAL) 1108 ELMWOOD Pursuant to Chapter 150 of the City of Buffalo Ordinances, please be advised that I have caused an investigation into the premises located at 1108 Elmwood for which said renewal application for a Restaurant Dance Class III license is being sought by Robert Rabb — Mr. Goodbar and according to the attached reports from the Fire Department. Police Department and Building Inspections, I find it complies with all regulations and other applicable laws. this request is submitted tot your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 23 SIDEWALK CAFE 264 HERTEL AVE 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 Caf6 License located at 1264 Hertel Ave (Jewel of India) 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 1264 Hertel Ave. This request is submitted for your approval or whatever action you deem appropriate. Mr. Smith moved: That the above communication from the Department of Permit and Inspection Services dated March 20. 2012, be received and filed; and That pursuant to Chapter 150 of the City Code, the Commissioner of Permit and Inspection Services be, and he hereby is authorized to issue a "Mere License" to Deep Singh, applicant, doing business as Jewel of India, located at 1264 Hertel Avenue, to install a similar 8 x 28 sidewalk card, which would encroach city right -of -way at said address, subject to the conditions imposed by the Commissioner. PASSED AYES -8 NOES -0 NO. 24 USED CARDEALER 2170 SOUTH PARK (SOUTH) 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 2170 South Park and find that as to form is correct. [ have caused an investigation into the premises for which said application for a used car dealer license is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspections; I find it complies with all character regulations and other applicable laws. I have caused an investigation by the Police Department into the moral of Hanash Riad. The attached thereto for Hanash Riad /dba/ South Buffalo Auto Sales LLC. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE CONNITTEE ON LEGISLATION FROM THE BUFFALO MUNICIPAL HOUSING AUTHORITY NO. 25 MARCH 28, 2012 REVISED WAGE RATE FOR EXEMPT EXECUTIVE DIRECTOR In accordance with Section 32 of the Public Housing Law, we respectfully request that your Honorable Body consider and approve the attached Resolution No. 12.3.22.8 regarding a revised wage rate for the exempt position of Executive Director. The resolution was a Board of Commissioners at their meeting held on March 22, 2012. Attachment REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 26 WAGE INCREASE FOR EXEMPT ASSISTANT EXECUTIVE DIRECTOR In accordance with Section 32 of the Public Housing Law, we respectfully request that your Honorable Body consider and approve the attached Resolution No. 12.3.22.10 regarding a wage increase with benefit concessions for the exempt position of Assistant Executive Director, which are identical to the increases and benefit concessions negotiated for union employees represented by Local 264, White Collar, Blue Collar and Managerial Units, and approved by your honorable body on October 28, 2009, and for all non - represented employees that were approved by your honorable body on April 27, 2010. The attached resolution was approved by the BMHA Board of Commissioner their meeting held on March 22, 2012. Attachment Mr. Smith moved: That the above communication from the Chairman of the Buffalo Municipal Housing Authority dated March 28,2012, be received and filed; and That the Common Council hereby approves the revised wage rate for the exempt position of Assistant Executive Director for the Buffalo Municipal Housing Authority. PASSED AYES — FONTANA, GOLOMBEK, LOCURTO, PRIDGEN, RIVERA, RUSSELL. SMITH - 7 NOES — FRANCZYK - 1 FROM THE CITY CLERK NO. 27 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 1458 Hertel Uncorked 1458 Hertel Ave. Inc 478 Elmwood Avenue Nonoo Ramen Bar Nonoo Ramen Bar LLC 522 Elmwood Ave Milkies on Elmwood Milkies on Elmwood Inc RECEIVED AND FILED NO 28 LEAVES OF ABSENCE WITHOUT PAY I transmit herewith notifications received by me, reporting the granting of the leaves of absence without pay, in the various departments as listed: Police- Sally Johnson, Marsh Davis. Michael Towns, Jenyne Langhorne RECEIVED AND FILED. NO. 29 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 March 21, 2012 in the Department of Common Council, Division of City Clerk to the position of Clerk, Temporary, open competitive at the minimum salary of $30,507.00 Tanika Hubbard, 175 Martha Ave, Buffalo, NY 14215 CERTIFICATE OF APPOINTMENT Appointment effective 03/24/2012 in the Department of Public Works, Parks and Streets to the position of Sr. 1 st Class Stationary Engineer, Temporary Appointment at the flat salary of $15.00 /hr Edward F. Anken, 73 Houston St, Buffalo, NY 14220 Richard M. Veroba, 24 Lester St, Buffalo, NY 14210 NON - OFFICIAL COMMUNICATIONS. PETITIONS AND REMONSTRANCES NON - OFFICIAL COMMUNICATIONS NO. 30 L. BAIN- APPLICATION FOR CONSIDERATION FOR SOUTH COUNCIL DISTRICT SEAT Item available for review in the City Clerk's Office REFERRED TO THE COMMITTEE OF THE WHOLE NO. 31 P. BURKE- APPLICATION FOR CONSIDERATION FOR SOUTH COUNCIL DISTRICT SEAT Available for review in the City Clerk's Office REFERRED TO THE COMMITTEE OF THE WHOLE NO. 32 M. FISHER - APPLICATION FOR CONSIDERATION FOR SOUTH COUNCIL DISTRICT SEAT Available for review in the City Clerk's Office REFERRED TO THE COMMITTEE OF THE WHOLE NO. 33 J. MORALES- APPLICATION FOR CONSIDERATION FOR SOUTH COUNCIL DISTRICT SEAT Available for review in the City Clerk's Office REFERRED TO THE COMMITTEE OF THE WHOLE NO. 34 J. PANEK- APPLICATION FOR CONSIDERATION FOR SOUTH COUNCIL DISTRICT SEAT Available for review in the City Clerk's Office REFERRED TO THE COMMITTEE OF THE WHOLE NO. 35 J. VAREL- APPLICATION FOR CONSIDERATION FOR SOUTH COUNCIL DISTRICT SEAT Available for review in the City Clerk's Office REFERRED TO THE COMMITTEE OF THE WHOLE NO. 36 T. WHALEN- APPLICATION FOR CONSIDERATION FOR SOUTH COUNCIL DISTRICT SEAT Available for review in the City Clerk's Office REFERRED TO THE COMMITTEE OF THE WHOLE NO. 37 B. VIVIAN- APPLICATION FOR CONSIDERATION FOR SOUTH COUNCIL DISTRICT SEAT Available for review in the City Clerk's Office REFERRED TO THE COMMITTEE OF THE WHOLE NO. 38 J. GARTLER III - APPLICATION FOR CONSIDERATION FOR SOUTH COUNCIL DISTRICT SEAT Available for review in the City Clerk's Office REFERRED TO THE COMMITTEE OF THE WHOLE NO. 39 W. MACK - APPLICATION FOR CONSIDERATION FOR SOUTH COUNCIL DISTRICT SEAT Available for review in the City Clerk's Office REFERRED TO THE COMMITTEE OF THE WHOLE NO. 40 VARIOUS LETTERS OF RECOMMENDATION FOR LINDA BAIN S. DISTRICT COUNCIL SEAT REFERRED TO THE COMMITTEE OF THE WHOLE NO. 41 BISHOP L. BOYD- CONTINUED SIDEWALK REPLACEMENT After reading the article in the Buffalo News concerning the Street Scape project we have surveyed our area of sidewalks from Genesee Street down to Broadway Street, both sides of Fillmore Avenue, just south of the Street Scape project planned for the Martin Luther King park. We feel that our sidewalks in this area are m need of being replaced as well. They are raised and broken in most of the area. They are well traveled by our church members, the area residents that have to walk to and from the Broadway Market and schools. There are many families with small children that are pushing strollers and our senior citizens that travel or use the sidewalks in this arcza. We recommend that our sidewalks on both side of Fillmore Avenue starting from Genesee Street down to Broadway Street be included in your project to improve our community as well. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT AND THE COMMISSIONER OF PUBLIC WORKS PARKS AND STREETS NO. 42 S. DOVE - CONCERNS ST. PAUL MALL NORTH Good Afternoon, My name is Sharon Dove and I'm here on behalf of the family of Ms. Glover who resides at 38 St, Paul Mall N. Thank you for giving me the opportunity to speak today by having this meeting open to the public. Before speaking specifically to some points that Mr. Paladino made in his presentation, I would like to give you a chronology of events that occurred for my parents and the circumstances that led them to move and become a part of the St. Paul Mall community. After 28 years of marriage and 6 children, my parents decided it was time to invest in their own home. On October 11, 1975, by father became aware of St. Paul Mall. Literature said, "The concept of St. Paul Mall was to create an innovative style of city living by developing a new neighborhood using all the fine qualities of the traditional city block. Luxury houses of the early 20 century have been completely renovated into spacious, two - family homes. The street has been converted into a beautifully landscaped private pedestrian mall with spacious, well - planned park areas. All of this has been located in the ever - expanding Allentown community convenient to cultural, sports, social and business activities of the city. All of the conveniences, comforts and security of a modern 'in -city' subdivision have been designed into this new planned community. St. Paul Mall, in addition to being a great place to live, is an ideal investment for the professionally minded. St. Paul Mall is a unique opportunity to become a part of the Allentown community." There were several features they liked about this revitalized community, with the private pedestrian mall, no thru- traffic and the novelty of having a private park available that their grandchildren could enjoy. At the time they made their decision, 5 of their children were grown adults and had moved out and only my youngest brother lived with them. They had put their children through college, those that had chosen to continue with their higher education. This was now their time and they were planning for retirement and spending time with the grandchildren. St. Paul Mall was the only place they had looked at and they were immediately sold. As first -time home buyers they also envisioned this as the only home they would have to purchase. Our Dad, along with our Mother were great financial planners. Typically, people take out 30 year mortgages with the hopes the house would be paid for by the time they retired, so this was a huge step for my Dad to be taking, because he was already 59 and hopefully, he would have retired prior to the 30 -year mortgage being paid off. He was not concerned, because he had planned that he could handle the mortgage payments even during retirement. Again, the location, privacy and because of the opportunities their grandchildren would have, learning to ride their bikes knowing they would be safe from traffic on the pedestrian mall and almost just as safe in the area behind their home that was only open to traffic for people who lived in the homes. Bringing over their big wheels, little cars, skateboards and having their area to play in. This was all part of the plan and their future. Additionally, there was the park area that the grandchildren could play in on those occasions when they just did not want to venture out of their community. On 4 -3 -76 they moved in, with my 2 older sisters moving into the upper apartment. By 1989 my older sisters had moved out, and I moved in with my son. In 1992 the St. Paul Community formed a Block Club. They used their meeting dues to buy flowers to maintain the landscaping in the pedestrian mall. I moved out in 1999 and my son remained. We've always wanted someone in the family to live over my parents. When my son moved out in 2007, we left it fully furnished because my parents had decided they would not rent it out and would keep it as the family "hotel" - when anyone came home to visit, we had a place to stay. My dad was diagnosed with cancer in 1999 and instead of placing him in hospice as the doctors had recommended, advising he only had 6 months to live, my Mom decided that hospice was not an option, and she cared for him at home. With her love, nurturing, care and our mother's own style of nursing, and family support, our father lived another 8 years. He passed in 2007. By letter dated March 10, 2009, our mother was approached by Queen City Realty Group, Michael Algawani, stating his "client owns property in close proximity to your home and is looking to further expand his investments. I am interested in speaking with you about the sale of your property at your convenience." This was a cold contact, there was no for sale sign on her property. If our mother didn't decide to leave in 2007 when our father passed, why would she want to leave now? We did not respond to his letter. Mr. Algawani followed up with a phone call and Morn advised him that she was not interested. On August 30, 2011, our Mother contacted Councilmember Pridgen's office asking for a return call concerning the properties on St. Paul Mall North and South. Also on August 30 th, she went to City Hall- to the Assessment Office (Room 101) to find out how much property was selling for on St. Paul. She had heard that at least 6 properties had been sold, most to Paladino, if not all of them. Mom was preparing to go on vacation and she was trying to get as much information as possible to make an informed decision as to whether or not she should sale also. Mom did not want to be the last one standing in the community she had grown to 10ve so much. On September 3, 2011, Morn sent an email to Councilmember Pridgen, introducing herself in case he didn't remember. She wrote: "Hello Rev. Pridgen. This is Mrs. Glover, Sharon Dove's Mother. She stated she had called his office at city hall the first of this week and left a message. It was concerning the properties on Saint Paul Mall N & S. I heard that most of them have been sold. I received a letter last year from Queen City Realtor asking if I wanted to sell. I never responded. Not knowing what was happening. Would you have any input as to who is buying all of this property and what will it be used for. Also if there is any pressure being put on the homeowners to sell. Thank you for your response. Mrs. Zalouma Glover I live @ 38 Saint Paul Mall N." On September 6, 2011, Mr. Pridgen returned Mom's call and said he didn't have any information at this time but he would see what he could find out. One Sunday, while visiting True Bethel Baptist Church, Pastor Pridgen, family friend, caught my eye and gave me the signal to come on back so we could meet with him after service. What I thought would be a quick catch up meeting to say hello, how are you doing, what's new - when Morn had her opportunity she immediately started asking him about what was going on at St. Paul Mall - after all, not only was he the Pastor, but he was also her Councilmember for the Ellicott District. She mentioned how she had been approached by someone to buy her home, but she didn't know why or what was happening. She mentioned her visit to City Hall and briefly gave him a run down of the properties she was aware of that had been sold and wanted to know what he could find out. We were told at that time that he was not aware of anything planned for St. Paul Mall. He asked if we were working with anyone and advised we should be working with someone for advice. She mentioned she would be going on vacation and would be gone for awhile, and we left with I would contact him in her absence. When Mom returned from her vacation there was no new information about what was happening to the community, except she learned that another 2 of her neighbors had sold their homes. She also had received a letter dated November 30, 2011 from Gurney Becket & Bourne stating I have a client interested in purchasing a two family house in your area. Since there are none on the market now, I am writing to see if you have any interest in sale." This letter was signed by James Eagan. The way this letter was written, it would make you think someone was interested in purchasing the home to live in. Morn knowing everyone was moving out opted not to respond to the letter. Again, her house was not on the market. After her next door neighbor moved out ( #42 St. Paul) after midnight one evening, Mom was awakened by someone at 42 moving things out of the house. Here was another unsafe situation for my Mom to be in. On December 3, 2011, Queen City Realtor contacted Morn again. This time with an offer of 90,000 saying this is the highest they would go. They talked about 3 houses besides hers that were still not sold. 43 (Dennis), 47 (Kit) and 34 (Mr. Hairston). So Mom contacted a lawyer and along with my brother she scheduled a meeting for us for the 17 of January because I would be home for the MLK weekend and could take another day off. When we had realized this might be Mom's last Christmas in her home, everyone celebrated in Buffalo with the exception of me and one of my sisters. So I asked my Mom if she could leave up her decorations so I could see them too. She told me she usually took down her decorations right after the first, so that would be a little long to keep them up. Even though there were now only 4 of them in the community, Mom's tradition of decorating was continuing. Can you imagine my surprise and elation when my son and I were driving down Ellicott and approaching St. Paul Mall to see her house all lit up? I did get my one last opportunity to have a small share of the traditional Christmas celebration. We met the attorney on January 17, 2012. Specifically, we wanted to know what Mom's options were, what was happening with her community - why was everyone selling? The attorney basically referred us back to our Councilmember, telling us that would be the best place to start for getting information. We left there disappointed, feeling like we were in a vicious cycle of not gaining any information at all. I started doing more research on the City of Buffalo's web site, reading the Comprehensive Plan, council meeting notes, etc. Once you learn how to navigate the site, it does have a wealth of information, but not what I needed to know, or at least I couldn't find it. I'm sure you all are familiar with the Executive Summary, it said in pertinent part: 5. Rebuild neighborhoods, working with citizens to produce detailed neighborhood plans, striving to focus and coordinate investments for the greatest impact on physical conditions and investment environment, linking neighborhood development initiatives to jobs creating projects, and using demolition, rehabilitation and new construction to manage the housing stock to meet needs of a population expected to shrink further but then grow again. 6. Restore Olmstead, Ellicott and the waterfront, reinvesting ... repairing and building on the Ellicott grid and radial system, The summary continues by saying the program includes ... new and rehabilitated housing; ... redevelopment of Ellicott plan radials ... The Buffalo Comprehensive Plan is the one plan for the City of Buffalo. It will provide a framework for all other planning initiatives including ... Buffalo Niagara Medical Campus Master plan; and all the neighborhood plans created under the auspices of the Good Neighbors Planning Alliance. With its review and adoption by the Common Council, Buffalo now has, perhaps for the first time ever, a truly comprehensive and authoritative plan to guide investments in the future of the city." Where was our community in the development of those plans? What are the plans? At this point, the remaining tenants were the Whitlock's Day Care Center ( #47), a tenant whom Mom rarely saw at #43 (we felt that absent landlord might sell soon), and Mr. Hairston ( #34) - whom Mom saw only occasionally. Concerned for Mom's safety, the family agreed it was time she put her house on the market. Her house was listed on January 23, 2012 and the very next day the realtor had received an offer, but it was lower than Mom had listed for. She received a call from the realtor who had contacted her previously and he told her she had just made a big mistake by listing her house. Now she would have to give the realtor a commission, instead of being able to pocket all of the money herself. The offer she had been given, once the commission was paid; she would end up with less than he had been willing to buy the house for. The realtor came back to Mom with another offer and was told basically, if she did not accept, they would build a parking lot around her, they were not going any higher. Again Mom refused. Without any kind of notice, one day Mom woke up to a lot of noise and siding had started being removed from the houses that had been sold across from her. The barrier to the entry of the pedestrian mall had been removed and demolition equipment had been moved in. They started first with # 29 that was at the beginning of the development. Next were the houses directly across from her. January 30, 2012, the streetlights went out on the pedestrian mall. Morn called her realtor and Councilmember Pridgen. I advised her she should call the electric company, so she did so on February 1 sc. The lights were repaired on February 7 th Mom noticed they had to do something underground. Was this another form of intimidation to get her to move immediately? She now had to fear her safety. We were definitely feeling now that she could no longer live there with this happening around her. Warning signs were placed on the houses being demolished that there was asbestos. There was no notice to Mom, no messaging if there was anything she should do to protect her health from the asbestos. Around 3/12/12 -Mom was contacted by her realtor stating Paladino wanted to meet with her at her home. She led Mom to believe the discussion was going to be about protecting her home, putting up the plastic because they were going to start demolishing the houses next door to her. After conferring with the family, Mom agreed to meet along with my brother so they could have that discussion. The meeting was going to be held on 3/15/12. As Councilmember Pridgen stated during your council meeting on the 13 I'm the daughter that sent him the text message on 3/12/12 asking what was going on. This seemed like an odd request to me. Why would a developer want to meet with Morn? At some point Pridgen advised there was going to be a council meeting on the 13 it would be live streamed. I would be at work at that time so I asked if it would be recorded on and available on the internet so I could watch later. He said yes. On the 14 the family had a teleconference to talk about the upcoming meeting with Paladino and what should be discussed during the meeting. After that I finally found the link to watch the council meeting from the 13 My impression was that Paladino had another agenda, so I sent the link to my sisters, Mom and brother and asked them to watch it immediately - this was at 8:30 at night and to watch it before the meeting with Paladino. It appeared Paladino might be coming to visit my Mom to negotiate buying the house as opposed to explaining about how they were going to protect her home. My recommendation was to cancel the meeting, but Mom wanted to continue because she wanted to find out when they were going to start putting the plastic up around her windows and when the actual demolition was going to start. We advised both my Mom and brother not to talk about the purchase of the house. If it came up to lawyer up. On the 15 Paladino cancelled the morning meeting and wanted to reschedule for the afternoon. My recommendation was to cancel completely since I wasn't clear on his intentions and just felt uncomfortable with what was going on. First he wanted to schedule the meeting at 8:30 in the morning, then they agreed to 11:30 now it was being changed to I believe to 1:30. 1 did not think this was a sign of professionalism and meetings were being set up for his convenience and not my Mom's. During the meeting, Mom was offered an additional $5,000 - Paladino stated it would cost him $4,000 to put plastic up, he could give her the money instead. If he purchased her home there would be no need then to protect it. He also offered that Mom could stay there for six months free while she looked for another place. Morn said that offer still did not meet what she had listed the house for. They told Paladino they had to discuss the matter with their lawyer. When Mom told me about the conversation, I suggested she take her house off the market because we still did not have enough information to make any decisions. We had already heard of breakins at 43 St. Paul Mall and Paladino advised my Mom he had been questioned by the police and he nor his people were part of the breakins. Coincidentally, on the 16 my Mom had trouble locking had back door after briefly going out and when my brother came to investigate, it appeared to him someone might have tampered with the lock but when it became evident it was a deadbolt they left it alone. In a recent conversation, Mr. Hariston told me his house had been broken into. We didn't have these problems previously. My main concern or question has always been, why did Mom have to move? When I came to Buffalo in February, I could see the devastation that had been done to the community and could now understand my brother's concern and statements to us that Mom could not live there anymore. Whether we knew what was going to happen there or not, the situation was no longer safe for her. Mom did not have a mortgage to pay so how was Paladino's offer to allow her to live there free for 6 months an offer. She was already living there free. No mortgage and she had not even thought of moving previously. That was not in her retirement plans nor in the plans that she and Dad had made previously. Why should her life have been turned upside down? Facing costs of mortgage, increased taxes, mover, packer, and her retirement funds being drained to cover expenses she did not have previously. That's all of the events that have led up to today, now I want to address comments that Paladino made in the meeting on the 13 and today. Bottomline, we're asking you to vote against his purchase of the lots at 48 and 50 St. Paul Mall. It is inevitable that you're going to vote for what is good for Buffalo; however, the concern is also with the lack of forthright information, the swift movement of demolishing properties - somebody has a plan to be moving full steam ahead. Consequently, this has put pressure on my Mom to make hasty decisions and address new issues when my Mom is at the point in her life when she should be enjoying retirement - visits from her children, her grandchildren, and great grandchildren to the fullest without the thought of uprooting. When she was recently asked what her travel plans were for this year, by now she would have been in the DC area with me enjoying the cherry blossoms, she said all of that had to be put on hold because she had to know first what was going on with her home in Buffalo. Previously, Mom didn't have to think about just packing up and going with us on cruises to the Mediterranean, Bahamas, Mother Daughter retreats to Phoenix, West Virginia, California, etc. Now is not the time to put those types of impromptu pleasure trips on hold. Notes from 3/13/12 Common Council Meeting - Development Plan - presentation by Bill Paladino Looking to purchase property at 48 and 50 St. Paul - 938 Ellicott 48 and 50 are part of the planned parks that attracted Morn and Dad to the St. Paul Mall community. If this was available to the community, why is the City now selling these lots and why wasn't the sale of the properties made known? Tabled - we just got notification that Mr. Paladino ... want to make sure residents have time we want to Notify the residents that we will be having hearings on all of these - because he is here and has responded and has called within the last couple of days if you want to hear the presentation today, we can. We want to notify the residents. Bill Paladino - Ellicott Development Company - couple of handouts for everyone The first plan you'll see is a site plan actually if you want to start with the aerial a little easier 3 years ago we went driving down Main Street and saw that the old church and rectory for sale after negotiating with the Reverend there who was a little distressed we ending up buying the property Wow - the destruction of our St. Paul Community resulted from Mr. Paladino taking a drive down Main Street and deciding that this was an opportunity for him and his affiliates. There was no consideration given to the homeowners on whether they wanted to move or not. In looking at the history of the purchases, it appears the homes owned by vacant landlords were the first sold. At first, I thought is this what people do, just drive around see an opportunity and make plans? But then I read in the Buffalo's RECEIVED AND FILED NO. 43 J. GOLOMBEK- ARTICLE -R. TERMINI: ARCHAIC RULE ON COMMUNITY COLLEGES Dear Mr. Chwalinski: Attached is an article published in the Buffalo News regarding an -opinion about community colleges. Please file the attachment for the Common Council meeting scheduled for April 3, 2012. Thank you for your attention to this matter. Very truly yours, Erie Community College's recent decision to locate its health services building in Amherst instead of the Buffalo Niagara Medical Campus is somewhat troubling. The reason given by the president of the college is that students in northern Erie County will not go to a downtown campus but will instead travel to Niagara County Community College. The State Education Department has an archaic rule that penalizes a county $6,500 for any county resident who travels to a neighboring county community college. The state needs to ask itself what is more important -- competition or collaboration? Aren't we better off with regional centers of excellence than a series of mediocre community colleges? Niagara County Community College, in conjunction with Niagara University, is building a state -of- the -art hospitality training center. Does that now mean that Erie County needs to waste taxpayer money building a new hospitality center to compete with Niagara County? Or does it make more sense to allow Erie County residents the ability to travel between counties without the $6,500 penalty? The Buffalo Urban Development Corp. currently owns the former Trico Products plant on Ellicott and Tupper streets in the middle of the medical campus. Wouldn't it make more sense to locate the health science school in the Trico building rather than in Amherst? The building is on the National Historic Register, which would make it eligible for historic tax credits, and is surrounded by a 400 -car parking lot. It is also being mentioned as a candidate for demolition. Before the wrecking ball strikes, should we at least consider the possible muses of this building? What better place to locate a health science building but in the middle of the medical campus, home or soon -to -be home to the University at Buffalo Medical School and Buffalo General, Roswell Park, Millard Fillmore and Children's hospitals. It is also the hub of bioinformatics research. In the early part of the 2oth century, it was politically and practically popular to have a number of tax - supported community colleges scattered throughout the region because transportation was difficult. Now it is a drain on resources to have so many schools in various locations. Resources should be more efficiently applied to fewer campuses. Wouldn't the state budget and the people be better served by consolidating administrative costs and higher education resources on a regional rather than a county -by- county basis? Western New York has made many mistakes over the last 50 years, bringing UB to Amherst, building the Buffalo Bills stadium in Orchard Park and a transit system to nowhere. We have a chance to change our string of bad decisions, New York State should move to change this rule before it's -q —/ too late and we make another mistake, Rocco Termini is president of Signature Development in Buffalo. Comments SORT: NEWEST FIRST OLDEST FIRST Interesting that one of the biggest tax hogs in downtown Buffalo arrogantly criticizes the value of community colleges and their funding formulas that have served both tax payers and Community college students quite well for generations! Maybe the answer for our developer baron's concerns is similar to what Joel Giambra tried in his consolidation model for these colleges. If the tax payers of Niagara county were to suggest that NCCC ends its existence and send all of their students to ECC and have the Erie County tax payer subsidize all of the 5000 or more students who would move there, I doubt the politicians or Erie County residents would sit still for this increased fiscal burden. Maybe, just maybe what is good for ECC and it s students should be left to the ECC Board of Trustees and there administration and downtown developers and their minions in The Buffalo News Boardroom should respect their decisions. Mistakes made in the past negatively effecting downtown Buffalo development are many. However, the funding formula for community colleges and their value to their sponsoring communities is not one of the!! REFERRED TO THE COMMITTEE ON LEGISLATION NO. 44 OPPOSITION TO ELIMINATION OF THE #63 RIVERSIDE EXPRESS BUS Dear Ms. Minkel: The recent news that the NFTA has decided to eliminate the #63 Riverside Express Bus has resulted in my office receiving many calls from concerned residents. The #63 bus serves areas of my district that do not have easily accessible bus service. I have attached some of the correspondence for your review. The #63 bus serves downtown workers and high school and college students. Residents have told my office that the NFTA cut one of the runs last year and the one remaining run is usually full of riders. If riders are forced to use the #5 Niagara and #3 Grant buses a considerable distance away, the NFTA may lose these fare paying customers at a time when the NFTA ought to be doing everything they can to maintain and increase ridership. Please reconsider the decision to eliminate the #63 Riverside Express bus. My office is willing to work with residents and the NFTA to find a solution that would keep this vital bus service available to residents of the Riverside community. I look forward to dialogue with the NFTA on this issue and thank you in advance for your anticipated response to this request. Sincerely, Various Correspondences available for review in the City Clerk's Office REFERRED TO THE COMMITTEE ON LEGISLATION NO. 46 M. KEARNS- LETTER OF RESIGNATION Gerald Chwalinski, City Clerk Michael P. Kearns, South District Council Member This letter shall serve as my official statement of my immediate resignation from the position of Buffalo Common Council Member for the South District. I am departing as a result of my recent election to the position of New York State Assembly Member for the 145 District. By working together as a Common Council we have increased transparency in the way that the City and its boards conduct their business, professional ized the process by which the Council fills vacancies, and returned the City of Buffalo to financial stability In my new position as a state representative, I am confident that with your continued support we can bring similar reforms to the way that the State conducts business in Albany. I am truly honored to have had the opportunity to serve as Council Member for the South District and to have worked collaboratively with each of you. I look forward to maintaining a close working relationship with the Buffalo Common Council, Comptroller and Mayor as a Member of the New York State Assembly. If you have any questions or feel that I can be of assistance, please do not hesitate to contact me. Respectfully, Michael P. Kearns South District Council Member RECEIVED AND FILED NO. 46 A. KREMER- BRINGING VERIFIABLE FACTS TO NY'S ENERGY DEBATE Dear Community Leader, During the past Tear residents of the Marcellus Shale region have heard a great deal about the subject of hydraulic fracturing. Unfortunately, a lot of the debate has been marked ay distortions without having an open conversation focused on sound science. To provide some balance, the Empire Energy Forum was formed in early 2011 for the purpose of bringing recognized experts and verifiable facts to the New York energy debate. We have an active website (www.EmbireEnergvForum.com) and are supported by small business owners landowners, unions, non - profit groups and numerous corporate executives, who think we should be having an honest and open discussion about hydraulic fracturing. On April 4 and April 5 we are holding two forums for community leaders like you, to give you opportunity TO near explanations about the science and the process. Pennsylvania residents will also share with you their experience with hydraulic fracturing and describe its economic impact on their local communities. A reservation form is attach ea. There is no charge to attend the meetings, but we would appreciate advanced registration. We believe that this forum will provide you with an excellent opportunity to hear the real facts first hand without some of the misinformation that has dominated the debate in some circles. We look forward to hearing from you. If you need any additional information please contact me at: jerry@empireenergyforum.com. RECEIVED AND FILED NO. 47 NYSDEC - DELIST NOTICE LEHIGH VALLEY RAILROAD 110 FURHMANN BLVD Receive Site Information by Email, See "For More Information" to Learn How. Site Name: Lehigh Valley Railroad Site No. 915071 Tax Map No. 132.12 -1 -1.11 Site Location: 110 Furhmann Blvd., Buffalo, Erie County, 14202 Inactive Hazardous Waste Disposal Site Delist Notice The Inactive Hazardous Waste Disposal Site Program (the State Superfund Program) is the State's program for identifying, investigating, and cleaning up sites where the disposal of hazardous waste may present a threat to public health and /or the environment. The New York State Department of Environmental Conservation (Department) maintains a list of these sites in the Registry of Inactive Hazardous Waste Disposal Sites (the "Registry"). The Department has determined that this site (see map on reverse side) no longer presents a threat to public health or the environment and is proposing to delist the site from the Registry for the following reason(s): An interim remedial measure conducted at the site included excavation and off -site disposal of contaminated soil. The excavations were then backfilled with clean soil and the area was restored to a small wetland. Some residual subsurface soil and ground water contamination remains, but an Environmental Notice restricts the use of ground water and public water supplies the area. The Environmental Notice also restricts soil disturbances on -site and change of use. Public comments are being received before the decision to remove the site from the Registry is finalized. The public comment period will end April 27, 2012. If you would like to provide us with written comments, please send them to: Mr. Manrice Moore, Project Manager, NYS Department of Environmental Conservation, 270 Michigan Ave., Buffalo, NY 14203 ;rnfmoore @gw.dee. state. ny.us; or call 716 - 851 -7220. A summary of any comments will be assembled and made available for viewing at our Regional Office at 270 Michigan Ave., Buffalo, NY 14203. If we do not receive any new or additional information during this public comment period that changes our delist proposal, we will delist the site on or after May 22, 2012. If you own property adjacent to this site and are renting or leasing your property to someone else, please share this information with them. If you no longer wish to be on the contact list for this site or otherwise need to correct our records, please contact the Department's Project Manager listed above. FOR MORE INFORMATION Additional information about this site can be found using the Department's "Environmental Site Remediation Database Search" engine which is located on the internet at: www.dec.ny..qov/cfmx/extapps/derexternal/index.cfin?pa.geid=3 RECEIVED AND FILED NO. 48 NYSDOT- RESTRICTED HYWAY ELM AND OAK NEW YORK STATE DEPARTMENT OF TRANSPORTATION DESIGNATION OF RESTRICTED HIGHWAY Pursuant to Section 104a of the Highway Law the following described highway: Beginning on Route 954D (Elm Street) approximately 1500 feet south of its intersection with Swan Street and continuing northerly along Route 954D for approximately 1.0 mile to its terminus at Goodell Street. Also, on Route 954D (Oak Street) beginning at its intersection with Goodell Street and continuing southerly along Route 954D for approximately 1.0 mile to its terminus at Seneca Street. All in the City of Buffalo, Erie County. which is being reconstructed under Contract No. D261839 is hereby designated as a Restricted Highway. Designation of Restricted Highway shall expire on October 31, 2012. Pursuant to Section 1625 of the Vehicle and Traffic Law all movement of vehicles, persons or animals on such highway is hereby restricted and regulated in accordance with the determination of the Commissioner of Transportation as evidenced by posted signs, signals or barriers placed along said highway and /or by direction by an authorized representative of the Commissioner of Transportation. Any action taken by the Commissioner of Transportation pursuant to Section 1625 of the Vehicle and Traffic Law shall supersede any other provisions of the Vehicle and Traffic Law where inconsistent or in conflict with respect to the following enumerated subjects: 1. Establishment of maximum and minimum speed limits at which vehicles may proceed along any such restricted highway. 2. Weights and dimensions of vehicles. 3. Use of such restricted highway by pedestrians, equestrians, and animals. 4. Parking, standing, stopping and backing of vehicles. 5. Control of persons and equipment engaged in work on such highway. The provisions of the Vehicle and Traffic Law with respect to registration shall not apply to vehicles and equipment engaged in work on such restricted highways. When used on such restricted highways, all traffic control devices shall be considered as official traffic control devices and shall conform to the manual and specifications for a uniform system of traffic control devices adopted by the Department of Transportation. Joan McDonald Commissioner of Transportation RECEIVED AND FILED NO. 49 D. PRIDGEN- PUBLICLY OWNED INTERNET SERVICE I would like to file the attached information for the next Common Council meeting to be held on April 3, 2012. Thank You, Darius G. Pridgen Ellicott District Council Member REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT. NO. 50 MEMORANDUM D- PRIDGEN STUDENTS ABSENTEEISM I would like to file the attached information for discussion in the Education Committee Meeting. Thank You, Darius G. Pridgen Ellicott District Council Member To: The Honorable Darius Pridgen Mr. Councilman I recently read that you suggested forming a specialty court for parents regarding education issues. I have to see that I feel this is an excellent idea. I also applaud you for having the courage to voice it. I think that a specialty court would be a wonderful thing for the City of Buffalo. I believe that by holding parents and students account the tide of absenteeism can be stemmed. To that end I also wanted to suggest to you sir that you consider utilizing truant officers and issuing a citation to students who are absent from school and found to be on the street or on an otherwise unauthorized absence. There are many school district in the country that do this, for example, the Los Angeles School Police cite students who are absent or tardy and found loitering around on the streets or at the mall. I think that this m conjunction with your idea of a specialty court will not only reduce tardiness and absenteeism but will also send a message that the City is serious about the education of young people. Education is the key to breaking the endless cycle of welfare and incarceration that have plagued people, especially minorities. It is imperative that a solution be found to this growing problem, we must show chidden and young adults that it is not cool to skip class, or show up late to school. Young people are not capable of seeing the long term ramifications of not getting an education and are often handicapped for the rest of their lives for poor decisions that they made as teenagers. Mr. Councilman I implore you to do your very best to make your idea of a specialty court a reality, it will greatly benefit the residents of Buffalo and provide tangible repercussions for both students and parents who do not care enough to take advantage of the excellent free education that is so graciously offered to them. I am not familiar with truant officers in NYS and don't know exactly what their authority is and internet research was rather vague. But I would also like to suggest sir that the school district find the funding to hire more truant officer to aggressively target students and parents who are having a difficulty getting either themselves or their child to school. I also think that truant officers be conferred NYS peace officer status to give them the authority they so desperately need to better enforce NYS education laws and enforce school policy. Citations for absenteeism can be very effective, especially if the have a monetary fine attached which could generate revenue for our criminally underfunded -- school, and that revenue can be used to educate those who attend. Mr. Councilman education is the cornerstone of our society and we must work together to ensure that all children receive that education. Students who are chronically absent or late often dropout or do not graduate in time, when that happens the odds of them actually attending college or university drop like a rock in water. I hope that we can turn around Buffalo public schools. I think they have a lot to offer and provide the tools needed to break the chains of poverty and incarceration. Mr. Councilman please continue proposing bold new ideas, continue to speak your mind, and always make sure your voice heard there are people out there, like myself who applaud your courage and conviction sir. I would be very happy to take the time to volunteer assisting you with this matter, or volunteering in your officer or take the time to speak with on this matter and hope to hear back from you. Thank you very much for your time sir and thank you for reading this email I know you are a very busy man and you time is valuable. Thank you for your service, Dan Adamczyk REFERRED TO THE SPECIAL COMMHTTEE ON EDUCATION NO. 51 R. SHARER- GRADUATION RATE COLLEGE BASKETBALL PLAYERS Item available for review in the City Clerk's Office REFERRED TO THE SPECIAL COMMITTEE ON EDUCATION NO. 52 M. WHITE -: DOWNTOWN ENTERTAINMENT REVIEW DISTRICT, ZR -12 -178 Dear Mr. Chwalinski: Thank you for submitting the proposed revision to the City of Buffalo Zoning Code relative to the Downtown Entertainment Review District. The information was received by this office on March 21, 2012 for review pursuant to Section 239M of the New York State General Municipal Law. It has been determined that the zoning change will not adversely affect County property located within or near the district boundary nor will it adversely impact other regional interests in or near the new district. The primary County planning document which addresses the area subject to the Entertainment District regulations is the Erie and Niagara Counties Framework for. Regional Growth. It was prepared in 2006 and identifies downtown Buffalo as a regional center for business, employment, and entertainment activities. The proposed revisions to the district will assist in carrying out this goal. Finally, in order to fully realize the intent of the legislative action it is recommended that after an appropriate interval, City officials carefully review provisions within the ordinance which waive the age restrictions on Thursdays of each week. Such an exception may reintroduce many of the problems the zoning action seeks to remedy. Should this prove to be the case, the City may wish to extend the commingling restrictions to seven days per week. In the event you have any questions regarding this review please contact Erie County Planner Mark Rountree at 858 -8008. Very truly yours, MARIA R. WHYTE REFERRED TO THE COMMITTEE ON LEGISLATION PETITIONS NO. 53 J. FLETCHER, AGENT. USE 2515 BAIIEY FOR A FREESTANDING SIGN (NO HRG )(UNIV) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 54 L. DOMIANO & O- PETITION TO REINSTATE ROUTE 63 BUS Item available for review in The City Clerk's Office REFERRED TO THE COMMITTEE ON LEGISLATION REGULAR COMMITTEES CIVIL SERVICE (BONNIE E. RUSSELL, CHAIRPERSON) NO. 55 APPOINT COMPUTER PROGRAM MER(MAX)(PERM)(BARKER, SANFILIPPO)(MIS) (CCP# 7, 3/20) Mrs. Russell moved That Communication 7 of March 20, 2012, be received and Filed and that the Permanent Appointments of Kathryn Barker, 246 Prospect, Buffalo NY 14201 and Janet SanFilippo 215 Saranac. Buffalo. NY 14216 at the Maximum Salary of $52.585.00 is hereby approve PASSED AYES -8 NOES -0 NO. 56 APPOINT ARCHITECT(PERM)(STEP 12)(FANNRA)(PW) CCP #18, 3/20 Mrs. Russell moved That the above item be the same and hereby is Received and Filed ADOPTED NO. 57 APPOINT ENGINEERING AIDE(PERM)(STEP 5)(ZIEMBA)(PW) CCP #19, 3/20 Mrs. Russell moved That the above item be the same and hereby is Received and Filed ADOPTED NO. 58 APPOINT LABORER II(PERM)(SECOND STEP)(LEGRAND)(PW) (CCP# 20.3/20) Mrs. Russell moved That Communication 20 of March 20, 2012, be received and Filed and that the Permanent Appointment of James kegrand 48 Glenwood Ave Buffalo NY 14208 at the second Step of $31,221.00 is hereby approved PASSED AYES- 8 NOES- 0 NO. 59 NOTICES OF APPOINTMENTS - TEMP /PROV /PERM CCP#46, 3/20 Mrs. Russell moved That the above item be the same and hereby is Received and Filed ADOPTED FINANCE (MICHAEL J. LOCURTO CHAIRMAN) NO. 60 G. NICKSON- APPLICATION FOR TELECOMMUNICATIONS - FRANCHISE ROW WITH COB CCP #82. 9/6 Mrs. Russell moved That the above item be the same and hereby is Received and Filed ADOPTED NO. 61 G. NELSON - APPLICATION FOR TELECOMMUNICATIONS FRANCHISE ROW WITH COB CCP #82, 9/6 Mrs. Russell moved That the above item be the same and hereby is Received and Filed ADOPTED COMMUNITY DEVELOPMENT (JOSEPH GOLOMBEK, JR., CHAIRMAN) NO. 62 NYSDEC- AMENDMENTS TO FRESHWATER WETLANDMAPS #55.3/20) Mr. Golombek moved: That the above item be the same and hereby is Received and Filed ADOPTED NO. 63 R. FONTANA -B. MCCAFFREY- CONCERNS STAIRS BEHIND ALBRIGHT -KNOX MUSEUM (#46,1/24) Mr. Golombek moved: That the above item be the same and hereby is Received and Filed ADOPTED NO. 64 ADDITIONAL INFO ON FEDERAL FINANCIAL ASSISTANCE(COMPT) (# 10, 3/8)( #82, 3/22) Mr. Golombek moved: That the above item be the same and hereby is Received and Filed. ADOPTED LEGISLATION (DARIUS G. PRIDGEN, CHAIRMAN) NO. 65 ALTER RETAIL SPACE — 982 ELMWOOD AVENUE (DEL) (ITEM NO. 66, C.C.P., MARCH 20, 2012) Mr. Pridgen moved: That the above communication from the Department of Permit and Inspection Services dated March 20, 2012, be received and filed, and That the Commissioner of Permit and Inspection Services be. and he hereby is authorized to issue a permit to J. Letizia, Owner, to alter retail space located at 982 Elmwood Avenue to cafe with outdoor cafe in city right -of -way. PASSED AYES -8 NOES -0 NO. 66 EXPANSION OF SIT -IN RESTAURANT -1832 MAIN STREET (ELL) ITEM NO. 67, C.C.P., MARCH 20, 2012 Mr. Pridgen moved: That the above communication from the Department of Permit and Inspection Services dated March 20, 2012, be received and filed; and That the Commissioner of Permit and Inspection Services be, and he hereby is authorized to issue a permit to M. Montante, Owner, for the expansion of sit -in restaurant located at 1832 Main Street. PASSED AYES -8 NOES -0 NO. 67 ADD TAKE -OUT RESTAURANT /DELI TO EXISTING STORE - 1560 SOUTH PARK (SOUTH) (ITEM NO. 69, C.C.P., MARCH 20, 2012) Mr. Pridgen moved: That the above communication from the Department of Permit and Inspection Services dated March 20, 2012, be received and filed; and That the Commissioner of Permit and Inspection Services be, and he hereby is authorized to issue a permit to M. Xaseen, Owner, to add a take -out restaurant /deli to existing store located at 1560 South Park. PASSED AYES -8 NOES -0 NO. 68 GROUND SIGN- 1313 MAIN STREET (ELL) (ITEM NO. 70, C.C.P., MARCH 20, 2012) Mr. Pridgen moved: That the above communication from the Department of Permit and Inspection Services dated March 20, 2012, be received and filed; and That the Commissioner of Permit and Inspection Services be, and he hereby is authorized to issue a permit to B. Bernatovicz, Agent, for a ground sign located at 1313 Main Street with the following conditions: A directional arrow or appropriate wording that points toward the actual entrance of the buildings. PASSED AYES -9 NOES -0 NO. 69 FOOD STORE LICENSE (NEW) - 2065 DELAWARE (DEL)(EDPI) (COM NO. 24, C.C.P., MARCH 20, 2012) That the above item be, and the same hereby is returned to the Common Council with a recommendation for approval on condition. Mr. Pridgen moved: 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 2065 Delaware. PASSED AYES -8 NOES -0 NO. 70 FOOD STORE LICENSE (NEW) - 3215 MAIN (UNIVERSITY)(EDPI) (COM NO. 27, C.C.P., MARCH 20, 2012) That the above item be, and the same hereby is returned to the Common Council with a recommendation for approval on condition. Mr. Pridgen moved: 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 3215 Main. PASSED AYES -8 NOES -0 NO. 71 FOOD STORE LICENSE (NEW) - 281 PARKSIDE (DEL)(EDPI) (COM NO. 30, C.C.P., MARCH 20, 2012) That the above item be, and the same hereby is returned to the Common Council with a recommendation for approval on condition. Mr. Pridgen moved: 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 281 Parkside. PASSED AYES - 8 NOES — 0 NO. 72 SIDEWALK CAFE - 212 PEARL STREET (A/K /A 127 FRANKLIN) (ELL) (COM NO. 35, C.C.P., MARCH 20, 2012) Mr. Pridgen moved: That the above Communication from the Department of Permit and Inspection Services dated March 20, 2012, be received and filed; and That pursuant to Chapter 150 of the City Code, the Commissioner of Permit and Inspection Services be, and he hereby is authorized to issue a "Mere License" to Courtyard Restaurant, located at 212 Pearl Street (a /k/a 127 Franklin), to install a sidewalk cafe, which would encroach city right - of -way at said address, subject to the following conditions: 1. Tables must be constantly cleaned and cleared of debris by employees of the establishment in order to avoid litter. 2. Chairs must be removed from patio after closing hours to avoid trespassers or affixed, positioned or secured in such a way that would prevent their use. 3. No outside music. 4. Outdoor trash receptacles must be covered. 5. If patio is not clearly visible from inside of the establishment by staff, some sort of visual monitoring device must be used to monitor patio activities. PASSED AYES -8 NOES -0 NO. 73 USED CAR DEALER 1657 BROADWAY (LOV)(EDPI) (COM NO. 37, C.C.P., MARCH 20, 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 in hereby authorized pursuant to Chapter 254 of the City Code to issue a Used Car Dealer License to Mikhil Yuzbashev d /b /a Grant Vinokur Inc. located at 1657 Broadway upon the following conditions: • No hand - painted signs. • No signs on fence. • All signs to be professionally done. • No storage or used tires. PASSED AYES -8 NOES -0 NO. 74 USED CAR DEALER 1657 BROADWAY (LOV)(EDPI) (COM NO. 37, C.C.P., MARCH 20, 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 in hereby authorized pursuant to Chapter 254 of the City Code to issue a Used Car Dealer License to Mikhil Yuzbashev d /b /a Grant Vinokur Inc. located at 1657 Broadway upon the following conditions: • No hand - painted signs. • No signs on fence. • All signs to be professionally done. • No storage or used tires. PASSED AYES -8 NOES -0 NO. 75 D. SMITH -USPS- MOVING MAIL OPERATIONS FROM BUFFALO TO ROCHESTER ( #39, 3/6) Rev. Pridgen moved: That the above item be the same and hereby is Received and Filed ADOPTED NO. 76 REGULATING USAGE OF PORTABLE ON DEMAND STORAGE AND OTHER TEMPORARY STORAGE UNITS (EXC RES)( #97, 5/3)( #126, 2/21) Rev. Pridgen moved: That the above item be the same and hereby is Received and Filed ADOPTED NO. 77 M. KEARNS- BRINGING FIOS TO BUFFALO (#49, 1/24) Rev. Pridgen moved: That the above item be the same and hereby is Received and Filed ADOPTED NO. 78 M. KEARNS- ARTICLE -CITY HALL FELLOWS ( #50, 1/24) Rev. Pridgen moved: That the above item be the same and hereby is Received and Filed ADOPTED NO. 79 ORD AMEND -CH 175, FEES - ENUMERATION OF FEES ( #97, 1/24) Rev. Pridgen moved: That the above item be the same and hereby is Received and Filed ADOPTED NO. 80 ORD AMEND -CH 316 PEDDLING & SOLICITING ( #99, 1/24) Rev. Pridgen moved: That the above item be the same and hereby is Received and Filed ADOPTED NO. 81 PUBLIC SKATING AT CITY ICE RINKS (#49, 12/27) Rev. Pridgen moved: That the above item be the same and hereby is Received and Filed ADOPTED NO. 82 CITY WIDE EMERGENCY NOTIFICATIONS THROUGH EMAIL AND TEXTING ( #88, 1/25) Rev. Pridgen moved: That the above item be the same and hereby is Received and Filed ADOPTED NO. 83 SHARED MUNICIPAL SERVICES - TRAFFIC SIGNALS AND SIGNAGE ( #112, 5/13) Rev. Pridgen moved: That the above item be the same and hereby is Received and Filed ADOPTED RESOLUTION NO. 84 BY: R. FONTANA, D. PRIDGEN SUPPORT FOR THE ADVANCEMENT OF A CHILDREN'S MUSEUM EXPERIENCE AT CANALSIDE WHEREAS. the redevelopment of the City of Buffalo's waterfront and the Canalside project offer an unparalleled opportunity to create a truly vibrant, mixed -use, urban entertainment destination; and WHEREAS, over 550 million of federal and state funds have already been spent on infrastructure work, public amenities, and programming to draw residents and visitors to the Canalside; and WHEREAS, Erie Canal Harbor Development Corporation ( ECHDC), Buffalo Place, and 30 different local cultural and areas organizations helped foster more than 300 special events that brought 400,000 people to Canalside in 2011, and WHEREAS, the Canalside Cultural Steering Group, public volunteers, local arts and cultural organizations, and a master plan completed by Lord Cultural Resources and Ralph Applebaum Associates established a core set of principles for the integration of additional permanent and sustain able family - friendly cultural experiences at Canal Side; and WHEREAS, the master plan recommended a children's museum experience as the top priority for Canalside integration; and WHEREAS, nationwide data shows that children's museum experiences typically have a higher percentage of earned income than traditional museums, while operating with less overhead costs; and WHEREAS, a children's museum experience offers year -round and weekend appeal for families, as well as complementary opportunities for retail, food - service, and corporate partnerships; WHEREAS, a children's museum experience at Canalside could serve a diverse population of city residents, Western New Yorkers, and Southern Ontario tourists; and WHEREAS, ECHDC is now seeking to select a permanent and sustainable family - friendly children's museum experience provider for Canalside; NOW, THEREFORE BE IT RESOLVED, the Buffalo Common Council applauds the inclusion of a children's museum experience on City of Buffalo's waterfront within Canalside; and BE IT FURTHER RESOLVED that the Buffalo Common Council welcomes the inclusion of local businesses and established cultural entities at Canalside, and therefore encourages ECHDC to continue advancing the cultural review and operator selection process in order for a children's museum experience to become a permanent aspect of waterfront redevelopment as quickly as possible. ADOPTED SPONSOR: RICHARD A. FONTANA NO. 85 WAIVER OF FEE FOR USE OF A CITY PARK BY SOUTH BUFFALO ALIVE WHEREAS, Chapter 175 of the Charter and Code of the City of Buffalo establishes a schedule of fees that are to be charged with respect to licenses, permits and activities at recreational facilities and parks that are required or regulated under the provisions of various chapters of the Code; and WHEREAS, Pursuant to Chapter 175 of the Charter and Code, the Commissioner of Public Works, Parks and Streets shall have the authority to classify the type of event and determine which fee, if any, should be charged; and WHEREAS, South Buffalo Alive, a non - profit organization whose mission is to improve the quality of life for the residents in South Buffalo, is seeking the use of Heacock Park on June 3, 2012, as part of its "Parade of Circles," a community event established in 2001 to celebrate the culmination of the beautification of McKinley Parkway; and WHEREAS, South Buffalo Alive has contacted the Common Council and requested that the fee charged for use of Heacock Park be waived. NOW, THEREFORE, BE IT RESOLVED, That the Common Council of the City of Buffalo asks the Commissioner of the Department of Public Works, Parks and Streets. to waive the fee for use of Heacock Park by South Buffalo Alive for its June 3, 2012 "Parade of Circles" event; and BE IT FURTHER RESOLVED, That a copy of this resolution be forwarded to the Commissioner of the Department of Public Works, Parks & Streets for his consideration. PASSED AYES -8 NOES -0 NO. 86 SPONSOR: DAVID A. FRANCZYK DEDICATION OF A PARK AT 828 SOUTH DIVISION STREET Whereas: The city owns land City at 828 South Division Street that is currently used as a place for neighborhood residents to gather, to play and to enjoy green space in the city; and Whereas: The land at 828 South Division Street is listed as municipal parkland for assessment purposes only; and Whereas: The property is not dedicated as a park and is not included in the City park inventory; and Whereas: Buffalo City Charter section 2 -1 subdivision 9, authorizes the City to lay out, establish, construct, light, improve embellish and enlarge parks: Now, therefore, be it Resolved: That the Common Council dedicates the property at 828 South Division Street as a City park to be used solely for park purposes. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT -- y A L V i I: M KC� i] L V i I -14 :/ NO. 87 ORDINANCE AMENDMENT CHAPTER 263, LICENSES The Common Council of the City of Buffalo does hereby ordain as follows: That Chapter 263 of the Code of the City of Buffalo be amended to read as follows: Article IX. Operation of Licensed Business 6263 -39 Operation of business. A. The owner /operator of any establishment licensed by the City of Buffalo shall comply with all provisions of federal, state and local laws and ordinances relating to the conduct of the business, use and maintenance of the premises. B. The owner and the 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. §263 -40 Closure for operation without license. Any establishment operating without the required City of Buffalo license shall be immediately closed by order of the Buffalo Police Department or the Department of Permit and Inspection Services. Every day of operation without a license shall constitute a separate violation. Material in brackets [] is deleted. Underlined material is new APPROVED AS TO FORM TIMOTHY A. BALL Alan P. Gerstman Asst. Corporation Counsel REFERRED TO THE COMMITTEE ON LEGISLATION NO. 88 BY: MR. LOCURTO TRANSFER OF FUNDS That. Pursuant to §20 -12 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the appropriation in be transferred and reappropriated as set forth below: From: 1 721 3003 — 441 006 Utility Management Fee $ 50,000 1 7221 008 — 4801 01 Tax Adjustment $150,000 1 7221 008 — 4801 02 Tax Certs $150,000 1 7221 008 —480203 Motor Vehicle Self Insurance $ 40,000 1 7221 008 —480205 Prior Year Claims $400,000 1 7301 002 — 421 004 Dental $120,000 1730202 —422000 FICA $190,000 To: 10546006 —432003 Law, Legal Services $600,000 13296005 - 461103 Public Works, Buildings Chemicals $ 7,900 13296006 —443200 Public Works, Buildings Building Repairs $352,625 13296006-443301 Public Works Buildings Machine & Equipment Repair $ 36,175 13296006 —443400 Public Works. Buildings Equipment Maintenance Contract $ 94,000 13296006 —444201 Public Works. Buildings Rental of Equipment & Vehicles $ 9,300 PASSED AYES -8 NOES -0 NO. 89 SPONSOR: DARIUS G. PRIDGEN ILLEGALLY PLACED ADVERTISING SIGNS Whereas: Recently, many constituents have been complaining about signs being posted throughout the city advertising the sale of furniture. The signs appear to be handwritten and only include information about the merchandise being advertised and a phone number, however, the signs do not identify the business that they are associated with; and Whereas: These signs have become visual clutter, sidewalk obstructions and are not removed upon being damaged, weathered, or blown out of the ground. Furthermore, signs have been found in many streets, creating a potential threat to motorists and cyclists; and Whereas: The signs are being placed on public property without permission from the Common Council or the Department of Permit and Inspection Services; and Whereas: The public has the right to the free use of streets and sidewalks which are not only free from physical obstructions but which also appear aesthetically pleasing. The numerous brightly colored signs being placed on City property are eyesores which diminish the quality and appearance of each citizen's environment; and Whereas: According to § 387 -25 of the City of Buffalo Charter "No person shall place, attach or maintain any sign of any nature on any property belonging to the City of Buffalo without first obtaining the consent of the City of Buffalo in the form of a permit, lease, contract, specific authorizing resolution of the Common Council or as otherwise provided in this chapter "; and Whereas: The City of Buffalo, and especially this Common Council supports businesses that advertise in accordance with City laws and acquire the proper permits and licenses. Now, Therefore be it Resolved: That the Common Council is hereby on record in its opposition to businesses that advertise unlawfully in the City of Buffalo; and Be it Further Resolved: That the Common Council hereby directs the City of Buffalo Department of Permit and Inspection Services to take action against any business that unlawfully places signage on City property or otherwise advertises illegally within the City of Buffalo; and Be it Finally Resolved: That copies of this resolution be forwarded to the City of Buffalo Department of Permit and Inspection Services, the Buffalo Police Department, the Department of Public Works, Parks, and Streets and the City of Buffalo Corporation Counsel. ADOPTED BY: COUNCILMEMBER PRIDGEN NO. 90 ORDINANCE AMENDMENT CHAPTER 511: ZONING Article XVI : SD Special Zoning Districts ( §511 -54- 511 - 68.[5]6 The Common Council of the City of Buffalo does hereby ordain as follows: That Chapter 511 of the Code of the City of Buffalo be amended to read as follows: 51§ 1 -68.6 A. The Downtown Entertainment Review District, as hereinafter limited and described shall be known as the "Downtown Entertainment Review District." B. Limits and Description. The Downtown Entertainment Review District shall include all properties within the area bounded: on the North, by the centerline of Tupper Street, on the East by all properties fronting on the East Side of Main Street, on the West by all properties fronting on the West Side of Elmwood Avenue and on the South by the Center line of Seneca Street. C. Legislative Intent. (1) The Common Council finds that, in the Downtown Entertainment Review District, there has been an increase in the amount of alcohol - related, criminal and violent activities involving individuals under the age of twenty -one years of age who have been illegally served alcohol in this district, resulting in confrontations and criminal activity within the public rights -of -way and open spaces located within this district. (2) The Common Council further finds that this increase in alcohol - related, violent and criminal activity has threatened the vitality of the district and that the balance between the general public's right to use and end these public spaces and to legally patronize establishments that serve alcohol and the right of those under 21 years of age m use and end said public spaces is being jeopardized by these alcohol - related incidents. (3) The Common Council further finds that events which permit comingling of patrons who are under or over 21 years of age without adequate Security plans or personnel to insure that those under the age of twenty -one are not served or able to consume alcohol has increased the likelihood of criminal activity against pedestrians, motorists and property and resulted in excessive noise, annoyance, vandalism and interference with the general public's right to use and end these public spaces, particularly between the hours of 10:00 pm at night and 4:00 am the following morning. D. Permitted Uses. Any of the uses which presently are permitted pursuant to this Chapter of the Code of the City of Buffalo or which may be established or extended as a matter of right pursuant to said Code, except those uses herein restricted, shall be permitted uses within the Downtown Entertainment Review District. E. Restricted Uses. (1) Any tavern licensed m serve alcohol at a particular establishment by the New York State Liquor Authority shall not permit the entry of or continued presence of patrons under the age of 21 years of age at any such establishment within the Downtown Entertainment Review District between the hours of 10:00 pm at night and 4:00 a.m. the following morning without first having applied for and received a restricted use permit an accordance with this section. (2) For purposes of this section a "tavern" is defined as an establishment where alcoholic beverages are sold for on -site consumption and in which the service of food, if served at all, is incidental to the sale of such beverages, except for a bar located in a hotel or motel. Examples of public places not deemed to be "taverns" within this definition include, but are not limited to, restaurants that do not have licenses to serve spirits, catering halls, bowling alleys, billiard parlors, roller rinks, pizzerias, Laundromats, game rooms, and gas stations, malls, convenient stores, hotel or motel lobbies, concert, musical or stage production venues or theaters, schools and amusement, entertainment and recreational facilities. F. Application for Restricted Use Permit: Any person seeking to hold a single event, a series of events or a reoccurring event, which would permit the entry or continued presence of patrons under the age of twenty -one on his or her premises, while alcohol is being served to those patrons over the age of twenty -one, between the hours of 10:00 pm and 4:00 am the following morning within the Downtown Entertainment Review District. shall file an application for a Restricted Use Permit on forms to be supplied by the City Clerk at least fourteen days prior thereto. Said forms shall be filled out by the applicant and approved as to Form by the Department of Permits and Inspections' Office of Licenses. The City Clerk shall forward the application to the Common Council immediately after the filing of the application. G. Said forms shall include the name, date and time of the event, whether the event is one time only or recurring, how many people are anticipated to attend said event, how many security personnel will be utilized to provide security at said event, any promoter that has been retained to promote said event, the proposed times during which the event shall start and end, what safeguards will be undertaken to insure that all patrons under the age of 21 years of age are easily identifiable as such and any other information deemed pertinent to City Clerk and included on said Restricted Use Permit Application Form for the Downtown Entertainment Review District. H. Decision by the Common Council. The Common Council may authorize and direct the approval or denial of the issuance of the restricted use permit on the basis of the effect of such a permit on the public health, safety or general welfare within the Downtown Entertainment Review District. The Common Council shall attach to such permit such restrictions as are necessary to or desirable in its judgment to ensure the compatibility of the proposed use with the surrounding area and the overall health, safety, welfare and development of the community. I. Compliance: Any person found in violation of this Section shall be immediately have the premises closed by any Buffalo Police Officer or any officer of the Department of Permits and Inspection Services and shall not be allowed to reopen until the following business day. J. Revocation: Upon submission to the Common Council of a written report of the enforcing official of the City that a restricted use permit holder or any other business owner in the Downtown Entertainment Review District is in violation of this Ordinance or the conditions established, a hearing shall be scheduled by the Office of Licenses, at which time any Licensee or Restricted Use Permit Holder in the Downtown Entertainment Review District shall have the opportunity to appear and dispute the charge. The Office of Licenses shall then make a recommendation to the Commissioner of Permits and Inspections Services, who shall have the authority to revoke and /or all licenses issued by the Department of Permits and Inspections Services. K. Exceptions: (1) This Section shall not prohibit any person from allowing co- mingling on Thursday nights between 10:00 pm on said Thursday night and 4:00 a.m. the following Friday morning within the Downtown Entertainment Review District. (2) The Thursday Night exception from the prohibition of comingling contained in §511 - 68.60(1) above shall expire on October 2, 2012, provided that this section is not amended prior thereto. IT IS HEREBY CERTIFIED, pursuant to Section 3 -19 of the Charter of the City of Buffalo, that the immediate passage of this Ordinance is necessary. Byron W. Brown Mayor APPROVED AS TO FORM TIMOTHY A. BALL CORPORATION COUNSEL NOTE: Matter underlined is new, matter in brackets is to be deleted. Eff. Date: 4/3/2012 PASSED AYES -8 NOES -0 NO. 91 SPONSOR: DARIUS G. PRIDGEN, all Members TRAYVON MARTIN INVESTIGATION Whereas: On March 3, 2012, the son of Tracy Martin and Sybrina Fulton was laid to rest after being shot to death on February 26, 2012, in a gated community in Sanford, Florida. Trayvon Martin was a 17 year old high school student who loved horses and wanted to be a pilot; and Whereas: Our condolences go out to his family on their tragic loss of their beloved son, and to the citizens and community of Sanford which has been changed forever more; and Whereas: Protests have sprung up on social media spots like Facebook and Moveon.org, where almost 1.2 million people have signed an online petition demanding the arrest of the assailant, George Zimmerman; moreover, organizations like the National Urban League, NAACP, National Action Network, and others have been vigilant in standing up and marching in cities across the United States such as New York, Chicago, Norfolk, Sanford and most recently, Buffalo; and Whereas: Dr. Martin Luther King, Jr. once quoted, "Injustice anywhere is a threat to justice everywhere," makes it clear that each of us must work diligently to protect the sanctity of our values and laws to ensure no group of people feels inferior based on their racial make -up, national origin or sexual orientation; and WHEREAS: As part of a law making body composed of various ethnic backgrounds and political affiliation, we stand united in calling for the full and complete investigation into the shooting death of Trayvon Martin. NOW, THEREFORE, BE IT RESOLVED, That the Common Council of the City of Buffalo supports an aggressive investigation bringing forth a complete account of the facts that will ensure justice prevails in the case of Trayvon Martin; and BE IT FURTHER RESLOVED, That the City Clerk forward a certified copy of this resolution to the local Buffalo District FBI, FBI Headquarters Washington DC, Buffalo Branch NAACP, Buffalo Urban League, National Urban League, National Branch of NAACP, Jewish Federation of Greater Buffalo, National Council of Churches, City of Sanford City Manager, Mayor, Commissioners, Police Chief and Sanford Branch. ADOPTED NO. 92 SPONSOR: DARIUS G. PRIDGEN LICENSE FOR BUSINESSES OPERATION OUT OF MOTOR VEHICLES Whereas: "Vehicle" used hereafter is defined as a car, motorcycle, track, SUV, van, or other motorized automobile not mentioned herein which also utilizes public parking spaces, without proper licenses or permits by the City of Buffalo or State of New York for conducting sales of any kind. It does not refer to automobiles which merely deliver goods on behalf of a company; and Whereas: "Mobile business" is defined as a business that does not operate from a permanent structure and remains at a location including, but not limited to, public streets, sidewalks, alleys, or other public ways of the City, for a maximum of the legal parking time in that location, before moving to another location. Also, this excludes seasonal businesses which are currently in legal operation; and Whereas: The City of Buffalo has seen the growth of businesses operated from motor vehicles, whether lawfully permitted or not by the City of Buffalo, such as, but not limited to: food trucks, food stands, Christmas tree stands, fruit, flower or vegetable vendors, bail bondsmen, appliances /electronics, and clothing merchants; and Whereas: Except for recent amendments to mobile food truck legislation, the City of Buffalo does not currently issue licenses or permits to any person or organization who desires to conduct commercial business directly out of their vehicle; and Whereas: Several other cities similar to the City of Buffalo do not have any law on record allowing persons or corporations to conduct business out of a vehicle, thus labeled as "mobile businesses "; and Whereas: Benefits of the proposed legislation to regulate mobile businesses would include: I.The safeguarding against illegal and unscrupulous vendors; II.The safeguarding of prime parking spaces from being occupied for entire days by said mobile business, thus limiting the hours which commuters could utilize those same spaces; III. Regulations for mobile businesses not already regulated by statute; and Further discussion will be held as to the permissions and restrictions of location and manner of business for mobile vendors; Now, Therefore, Be It Resolved: That the City of Buffalo Common Council calls upon Corporation Counsel to research the creation of laws to regulate mobile or transient businesses, that they be registered with the City of Buffalo, be issued and carry a Mobile Business License and /or Permit, and be restricted from holding parking spaces for more than the maximum allotted time, in order that spaces may be used by residents and visitors. F- 1 19101ir:1.] NO. 93 SPONSORED BY: CM RIVERA MASSACHUSETTS AVENUE SUSTAINABLE NEIGHBORHOODS PROJECT This resolution seeks to designate People United For Sustainable Housing ( "PUSH ") as the developer for three city owned properties, 99 Chenango, 335 Massachusetts, and 339 Massachusetts. Whereas, PUSH is currently securing funding for its Massachusetts Avenue Sustainable Neighborhoods Project. This project involves the development of 5 units of high quality affordable rental housing units on the West Side. Whereas, Three of the five units (60 %) will be affordable for households with incomes below 50% of the area median and two of the units (40 %) will be affordable for households with incomes below 60% of the area median. It is projected that household sizes will range from two persons to six persons. While not limited to any special needs population, the units will be open to all income eligible households, including those with special needs. Whereas, Consistent with the Green Development Zone created by PUSH, the units will incorporate green and energy efficient materials and systems. All development will be completed in accordance with the NYSERDA Energy Efficiency Program and will also be modeled on NYS Homes and Community Renewal's ( "HCR ") Green Building Criteria. All of these green enhancements are good for the environment and benefit the residents. Whereas, PUSH has proven itself as a successful developer, most recently with its Net -Zero house, which is completely self- sufficient in its energy needs. The house was completed at the end of last year and is now occupied. Now Therefore Be It Resolved That, this Honorable Body recognizes PUSH as the developer and site operator on three city -owned properties, 99 Chenango, 335 Massachusetts, and 339 Massachusetts; and we look forward to the continued value PUSH brings to the West Side and the City of Buffalo as a conscientious housing developer. RECEIVED AND FILED NO. 94 BY: MR. SMITH APPOINTMENT MARRIAGE OFFICER Pursuant to Chapter 49 of the laws of New York (1988), which allow a governing body the right to appoint one or more Marriage Officers, who have the authority to solemnize marriages, I am requesting the appointment of the following person as a Marriage Officer. Tashares Burks ADOPTED. NO. 96 BY: DEMONE A. SMITH RESOLUTION: TRAILBLAZING SIGN REQUEST FOR GROVER SR. AND LILLIAN WASHINGTON Whereas: Grover Washington Sr. was born in Savannah, Georgia on June 17, 1925. Lillian Murrell was born in Mason, Tennessee on January 16, 1925 and; Whereas: Grover Sr. migrated to Buffalo with a brother and 4 sisters, Lillian migrated here with 4 brothers and a sister and; Whereas: Grover Sr. and Lillian met, fell in love, and later married and had 3 sons: Michael, Grover Jr., and Darryl, all noted Musicians and; Whereas: Grover Sr. would begin working as a handyman for Howard Schultz, from whom he would later purchase 377 Glenwood Ave. in 1951. He would also serve in the Army during the World War II in the Pacific Theater and; Whereas: Grover Sr. would later work for Republic Steel for over 27 years, Lillian would also work there in the cafeteria. She would later go on to open Lillian's Beauty Salon at their residence on Glenwood Ave. She would also work for the West Seneca Developmental Center for 20 years and; Whereas: A trailblazing sign is an appropriate honor for Grover Sr. and Lillian Washington whose tireless work ethic and dedication to raising a family of 3 great musicians and citizens serves as an example for the community to follow; Now It Therefore be It Resolved: That the Common Council of the City of Buffalo hereby approves the installation of the trailblazing sign at 377 Glenwood Ave. proclaiming the portion of Glenwood Avenue as "Grover Sr. and Lillian Washington Way "and; Be it Finally Resolved: That the Department of Public Works is directed to erect a sign to this effect, once all fees associated with the posting of a Trailblazing Sign have been satisfied. PASSED AYES -8 NOES -0 NO. 96 SPONSOR: DEMONE SMITH WAIVE PARK FEES ASSOCIATED WITH MASTEN DISTRICT EASTER EGG HUNT WHEREAS: Chapter 175 of the Code of the City of Buffalo establishes a schedule of fees that are to be charged with respect to licenses, permits, and activities required or regulated under the provisions of various cha Oters of the Code; and WHEREAS: The annual Masten District Easter Egg Hunt will be held on April 7, 2012 at Martin Luther King, Jr. Park; and WHEREAS: This is a free community event. HOW, THEREFORE, BE IT RESOLVED: That the Common Council of the City of Buffalo waives the Park fee for the Masten District Easter Egg Hunt, BE IT FURTHER RESOLVED: That the City Clerk forward a copy of this resolution to the Commissioner of the Department of Public Works, Parks, and Streets. PASSED AYES -8 NOES -0 NO. 97 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 • Thomas J. Giancarlo • Richard K. Hawkins • Tanika Monique Hubbard • Timothy P. Volkert TOTAL4 ADOPTED BY: DEMONE A SMITH NO. 98 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: • Carl R. De Vyver • Christopher Di Pasquale • Bernadette A. Elia • Elena Fronczak • ClintonHolcomb • Michael R. Kausner • Michael Kracker • Judith A. Piwowar TOTAL:8 ADOPTED No. 99 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 Committee on Finance following Civil Service Committee on Comm Dev. Committee on Legislation Special Committees Taxi Cab and Livery Committee of the Whole Tuesday, April 10, 2012 at 9:45 o'clock A.M. Tuesday, April 10, 2012 at 10:00 o'clock A.M. Tuesday, April 10, 2012 at 1:00 o'clock P.M. Tuesday, April 10, 2012 at 2:00 o'clock P.M. Thursday, April 5, 2012 at 11:00 o'clock A.M. Wednesday, April 11. 2012 at 10:00 o'clock A.M. (Public Disclaimer): All meetings are subject to change and cancellation by the respective Chairmen of Council Committees. In the event that there is sufficient time given for notification it will be provided. In addition, there may be meetings set up whereby the City Clerk's Office is not made aware: therefore, unless we receive notice from the respective Chairmen, we can only make notification of what we are made aware. NO.100 ADJOURNMENT On a motion by Mr. Smith, Seconded by Mrs. Russell, the Council adjourned at GERALD CHWALINSKI CITY CLERK