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Home My WebLink About12-0417 (2)PROCEEDINGS OF THE CITY OF BUFFALO APRIL 17, 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 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 - Members 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 SPECIAL COMMITTEES 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 17, 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 April 3, 2012 were approved. INVOCATION PLEDGE TO FLAG DATE April 17, 2012 FINAL MAYOR 1. Extend Downtown Stadium Leasing Arrangements With Bflo Bisons APP MAYOR - EXECUTIVE 2. Cit Serv- Submission of Monthly Report -March 2012 R &F 3. Plan Bd -SEQR Negative Declaration 540 Colvin(Del) APP 4. Plan Bd -SEQR Negative Declaration 1374 Seneca St. (Lov) APP COMPTROLLER 5. Interfund Cash Loan($271,798) APP 6. Inventory Audit of Laptops and Telecommunications Devices FIN 7. 2011 -2012 Second Quarter Gap Sheets Report FIN 8- 7A Certificate of Necessity- Common Council APP COUNCIL PRESIDENT 9- 7AB Establish Citizens Education Oversight Committee R &F ASSESSMENT 10- 7B Final Real Estate Values for 2012 -2013 FY R &F PUBLIC WORKS 11- 8. Change in Contract - Broderick Park Master Plan(Nia) APP 12- 9. Permission to Hire Consultant- Various Projects and Districts APP 13- 10. Report of Bids -60 Hedly Place Place(Mas) APP 14- 11. Report of Proposals and Contract Award Lasalle Park Skateplaza Master Plan CD POLICE 15- 12. Approval for Purchasing Bflo Police Command Bus APP 16- 12A Appoint Cellblock Attendant(Perm)(Max) (Han rahan) CS FIRE 17- 13. Grant Funding Agmt /Acceptance -NYS Homeland Security APP CORPORATION COUNSEL 18- 14. Appoint Deputy Corp Counsel (Perm)(Max) (Cad le) CS 19- 15. Appoint Assistant Corp Counsel I(Perm)(Dolin) CS 20- 16. Appoint Sr. Deputy Corp Counsel (Perm)(Savage III) CS PERMITS AND INSPECTIONS 21- 17. Food Store License Renewals Expiring 04/01/2012 LEG 22- 18. Restaurant Dance Class III -334 Delaware(Ell) LEG 23- 19. Restaurant Dance License Renewal -2046 Fillmore(Mas) APP 24- 20. Restaurant Dance License Renewal -416 Pearl St(Ell) LEG ADMINISTRATION AND FINANCE 25- 21. Meals for Prisoners APP SEWER AUTHORITY 26- 22. 2012 -2013 Budget FIN CITY CLERK 27- 23. Items returned by Mayor without Approval /Disapproval R &F 28- 24. Liquor License Applications R &F 29- 25. Leaves of Absence R &F 30- 26. Reports of Attendance R &F 31- 27. Notices of Appointment - Seasonal R &F 32- 27A Notices of Appointments- Temp /Prov /Perm CS MISCELLANEOUS 33- 28. T. Barrett - Concerns Reg. Bflo Fire Dept Promotions CS 34- 29. J. Brem - Supports Bflo Pres Bd Recommendation to Landmark Trico Plant I LEG 35- 30. D. Pridgen -R. Stevenson - Concerns Historic Landmark of Trico Plant 1 LEG 36- 31. B. Bollman- Application for Consideration for South Council District Seat COW 37- 32. Bflo Water - Monthly Water Board Report -March 2012 FIN 38- 33. LP Ciminelli -Board Packet Documents April 2012 ED 39- 33A R. Fontana -D. Cialone Jr.- Complaint Car Parts Left at Accident Scenes LEG 40- 33B L. Fortune- Complaints Cars Parked on Paths and Grass at MLK Park CD,OLMSTED 41- 34. R. Graber -EC Leg Resolution Reg. Demarcated Pedestrian Crosswalk Btwn 92 & 95 Franklin CD,PW,CC 42- 35. NYS Urban Dev Corp- Proposes Erie Canal Harbor Dev Corp to Serve as Lead Agency for Gallagher Beach Sand Sustainability Study CD 43- 36. Erie Canal Harbor Dev Corp -SEQR Gallagher Beach Sand Sustainability Study_CD 44- 37. NYSDEC- Inactive Hazardous Waste Disposal Delist Notice 110 Furhmann Blvd_R &F 45- 38. NYS Comptroller -Debt Statement FIN 46- 39. D. Pridgen -D. Gervasi- Relocate Engraved Stars from Chippewa to 600 Block of Main CD 47- 40. R. Taczkowski- Concerns Duties & Powers of the Common Council LEG 48- 41. J. Tronolone- Concerns 1049 Elmwood Ave R &F PETITIONS 49- 42. K. Brinkworth, Owner, Use 727 Elmwood, For Extending Hours for Rear Patio And Requesting Recorded Music to be Played Outdoors(hrg 4/24)(Del) LEG,CPBD 50- 43. M. Christiano, Owner, Use 1416 Hertel -Place Sidewalk Cafe W /Awning in Front of Existing Rest(hrg 4/24)(Del) LEG,CPBD 51- 44. D. Forness, Owner, Use 197 Allen for a Bar /Sit in Restaurant and Sidewalk Cafe(hrg 4/24)(EII) LEG,CPBD 52- 45. R. Bender, Agent, Use 2200 Elmwood -Erect Signage to a Sit -In Rest (no hrg)(North) LEG,CPBD RESOLUTIONS CIVIL SERVICE 86- 45A Fontana Waiver of Usage Fees for Willert St Block Club ADOPT 87- 45B Franczyk Appoint Marriage Officer Until July 29, 2012(Kearns) ADOPT 88- 46. LoCurto,etc HRM Req. NYS Leg Pass Bills to Amend V &T Law Directing 54- 2. No 29 Nov 15 COB to Adjudicate Traffic Infractions ADOPT 89- 46A LoCurto Transfer of Funds Common Council APP 90- 47. Pridgen Medical Corridor Resident Advisory Committee ADOPT 91- 48. Pridgen New Council Member Orientation Process ADOPT 92- 49. Rivera Waive Tote Fees for Family Fishing Day APP 93- 50. Russell Budget and Personnel Amendment -Audit and Control APP 94- 51. Smith Appoint South District Councilmember LEG 95- 52. Smith Comm of Deeds ADOPT TABLE ITEMS Restaurant Dance License Renewal -199 Delaware(Ell)(EDPI) APP - - - - -- Waterfront Neighborhood Community Development Agreement APP Restaurant Dance License Renewal -228 Franklln(Ell)(EDPI) (ccp #3, 8/14/2010) M. LoCurto -M. Kearns -Req Update on Status - Gaming Facility SUBMISSION LIST OF COMMITTEE ITEMS FOR THE COUNCIL MEETINGS CIVIL SERVICE 9. Com 6 Apr 3 53- 1. Com 29 Apr 3 Notices of Appointments- Temp /Prov /Perm(Cty Clk) R &F FINANCE 81- 63- 54- 2. No 29 Nov 15 D. Pridgen- Constituent Supports City Ambassador R &F 55- 3. No 32 Nov 15 D. Pridgen - Property Tax Hardship Assistance Program R &F 56- 4. No 43 Oct 18 D. Pridgen -J. Campbell - Support Resolution for HR 1489 "Return to 57- 5. No 76 Oct 4 58- 6. No 50 July 12 59- 7. Com 8 May 12 60- 8. Com 14 Apr 15 COMMUNITY DEVELOPMENT 61- 9. Com 6 Apr 3 62- 10. Res 86 Apr 3 LEGISLATION 81- 63- 11. Com 2 Apr 3 64- 12. Com 16 Apr 3 65- 13. Com 20 Apr 3 66- 14. Com 22 Apr 3 67- 15. No 43 Apr 3 68- 16. No 53 Apr 3 69- 17. Res 87 Apr 3 70- 18. No 65 Mar 20 71- 19. Com 7 Feb 21 72- 20. Res 50 Dec 27 73- 21. No 62 Jan 24 R 74- 22. No 68 Mar 20 75- 23. Com 35 Feb 21 76- 24. Com 40 Sept 6 77- 25. No 16 Feb 7 78- 26. No 17 Feb 7 79- 27. No 18 Feb 7 80- 28. Com 36 Feb 21 81- 29. Com 24 March 6 82- 30. No 66 May 11 83- 31. No 52 Apr 3 RULES 84- 32. Res 128 June 13 85- 33. No 86 Dec 8 Prudent Banking Act of 2011 R &F Opening Gift Shop Tourist Info Ctr on 25 Floor of City Hall(exc res)( #105, 7/20) R &F J. Pajak -DPW Response to Implementing a Treebate Program R &F COB Fund Balance Policy(Compt) R &F Fund Balance Policy(Compt) R &F Permission to Designate Devel St. John Comm DevelCorp -17 Bldg Sites; 50 Parcels(EII)(Strat Plan) Dedication of a Park at 828 S. Division St. Pres Bd -Info Reg 206 Allen- Preservation Bd Vote R &F Food Store(New) 1069 Broadway (Fill)(EDPI) DENY Food Store (New) 468 Niagara (EII)(EDPI) APP /COND Restaurant Dance License(Renewal) 1108 Elmwood (Del)(EDPI) APP J. Golombek - Article -R. Termini: Archaic Rule on Community Colleges R &F J. Fletcher, Agent, Use 2515 Bailey for Freestanding Sign(no hrg)(Univ) APP Ord Amend -Ch 263, Licenses APP S. Tomaselli- Nugent- Proposed Awning 206 Allen(Fill) APP Report of Sale -521 Broadway(EII)(Strat Plan) CD LL Intro #5- Amending Article 24 of the Charter in Relation to Salaries of Elected Officials R &F Johnson, Agent, Use 1240 Delaware -Place a Ground Sign(no hrg)(Del) R &F D. Sutton, Agent, Use 1049 Elmwood to Erect 1 Story Addition for Take -Out Restaurant With an Outdoor Cafe(hrg 3/27)(Del) APP W /COND Lodging House License -825 Fillmore(Fill)(EDPI) APP Lodging House License 850 Sycamore(Fill)(EDPI) APP Restaurant Dance License Renwal -67 W. Chippewa(Bayou)(EII)(EDPI) APP Restaurant Dance License Renewal -67 W. Chippewa(Bottoms Up)(EII)(EDPI)_APP Restaurant Dance License Renewal -199 Delaware(Ell)(EDPI) APP Restaurant Dance License Renewal -234 Delaware(Ell)(EDPI) APP Restaurant Dance License Renewal -228 Franklln(Ell)(EDPI) APP M. LoCurto -M. Kearns -Req Update on Status - Gaming Facility RECOMMIT M. White- Downtown Entertainment Review District ZR -12 -178 R &F Amending City Charter /Council Rules Make President Pro- Tempore Appt. By Council President Instead of Being Elected by Councilmembers Use of College Interns Within the Bflo CC Central Staff FROM THE MAYOR NO. 1 EXTEND DOWNTOWN STADIUM LEASING ARRANGEMENTS WITH BFLO BISONS Extend Downtown Stadium Leasing Arrangements with Buffalo Bisons through March 31, 2013 1 am writing to request that Your Honorable Body approve another one -year extension of the City of Buffalo's leasing arrangements with the Buffalo Bisons under essentially the same terms and provisions as last year's one year extension. I have attached the proposed agreement for your review and approval. On a one -time only basis, the lease extension for 2012 -13 includes an additional provision which calls for the City to reimburse the Bisons for $150,000 in utility costs. This $150,000 reimbursement is in addition to the up to $30,000 in utility costs reimbursements that the City has tentatively agreed to for 2012 -13 and as was set forth in the yearly Bisons lease extensions in each of the past four years. Consistent with the same terms and provisions as were included in recent annual stadium lease renewals with the Bisons, the City will pay for stadium property damage insurance at a premium of $40,807 and will continue to provide refuse collection (valued at approximately $38,000) and water (valued at approximately $20,000) at the stadium. Neither the City nor the Bisons are committing to any obligation for "City Capital Repairs" during the one -year extended term. The City and the Bisons will continue to work in good faith in an attempt to reach a formal long -term agreement for extending the lease of the stadium. I respectfully request that Your Honorable Body approve this one -year extension at your April 17, 2012 meeting of the Common Council. Byron W. Brown Mayor Mr. Smith moved that: That the above item be, and the above communication from the Mayor, dated April 10, 2012, be received and filed; and That the Common Council approve a one -year extension of the City of Buffalo's lease arrangements with the Buffalo Bisons under revised terms. Copy available for review in the City Clerk's Office PASSED AYES 8 NOES 0 FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE OFFICE OF CITIZEN SERVICES NO. 2 CIT SERV- SUBMISSION OF MONTHLY REPORT -MARCH 2012 The Office of Mayor, Division of Citizen Services, hereby submits, for your Honorable Body's review and approval, the monthly reports for the Mayor's Call and Resolution Center for the month of March 2012, as mandated by Section 6 -20(c) of the City of Buffalo's City Charter. This monthly statistical report details the number and nature of inquiries, requests and complaints received. RECEIVED AND FILED FROM THE CITY PLANNING BOARD NO. 3 PLAN BD -SEQR NEGATIVE DECLARATION 540 COLVIN(DEL) 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 Colvin Blvd Storage buildings Location 540 Colvin Boulevard Type of Action: Unlisted Uncoordinated Description: TRM Architects,. Mr. Robert bellman on behalf of the owner of 540 Colvin Boulevard is proposing the construction of a self- storage facility to the rear of 540 Col vin Blvd Buffalo New York A use variance was approved by the City of Buffalo Zoning board on February 15, 2012 allowing for the use. The construction is anticipated to begin in the spring of 2012 and be completed in late summer. The proposed project will utilize an existing undeveloped area formerly a railroad easement The proposed project will include two free standing metal skinned storage buildings with building A being 310' x 30' with 64comoartmsnts and building B being 230' x 30' with 48 storage compartments. A new asphalt access driveway from Colvin back to the buildings and new asphalt drives around the storage buildings. New fencing will be installed around the site with a sliding security gate. The owner is asking for relief regarding landscaping on the site and is asking for an approval to make a donation to the City of Buffalo Green Fund. Fifteen percent of the required landscaping has been accomplished on site with a donation of the remaining five percent being in the form of a donation to the City of Buffalo Greet fund. A new six foot fence will be provided to separate the project from the adjoining neighboring properties as well as added green space benefiting the neighboring property. It is expected that financing for this project will be private. As a result of this Environmental Review, the Lead Agency has determined the undertaking of this action will not have a significant adverse affect on the Quality of the environment. No further environmental review of this action will be conducted prior to project implementation and a Draft Environmental Impact Statement will not be prepared. Reasons Supporting This Determination: The facts and reasons for this decision are as follows: this project will add clean up an abandoned former railroad right of way that has been unproductive for many years. The identified potential negative impacts appear to be primarily short -term site preparation and construction related activities, and do not appear to be significant in magnitude or effect. There are no actions, which will have a significant adverse impact on the environment. For further information relative to this Negative Declaration contact Mr. Martin Grunzweig, Land Use Controls Coordinator Room 901 City Hall Buffalo New York 14202 - 716 851 -5085 Dated: March 27. 2012 Mr. Smith moved: That the Common Council does hereby adopt the Negative Declaration, Notice of Determination of Non - significance for the TRM Architects construction of a self- storage facility near the rear of 540 Colvin Blvd., Buffalo, New York, in accordance with Article 8 of the New York State Environmental Quality Review Act of the New York State Environmental Conservation Law ( SEQRA) and 6 N.Y.C.R.R. Part 617. PASSED AYES 8, NOE 0 NO.4 PLAN BD -SEQR NEGATIVE DECLARATION 1374 SENECA ST. (LOV) SEQR 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 [ne following action as it relates re the environment: Action Title Tim Horton's Restaurant Location: 1374 Seneca Street Type of Action: Uncoordinated - Unlisted Description: Parsons Brinckerhoff on behalf of Tim Hortons Restaurants is proposing re construct s building on the property located at 1374 Seneca Street Buffalo New York. The project site is located on the northeast corner of the intersection of Seneca Street and Mergenhagen Street. The property is 1.63 Acres and is zoned M2 General Industrial. [t is proposed to redevelop the site with a new building drive - through facility paved drive aisles and parking areas, utilities to service the development, site lighting poles /fixtures pedestrian accommodations, landscaping and a dedicated access to the adjacent tower for use by Verizon. A pylon sign is proposed for the site to be locates n a landscaped area at the frontage of the property at Seneca Street and Mergenhagen Street. The overall cost of the project will be approximately $650,000. The construction schedule anticipates that the project will be complete in ninety days from start to finish. Tim Horton's officials have met with the councilmember as Well as contacted the neighboring property owners by letter explaining their project. Mr. Fontana has expressed support for this project as per conversations with Tim Horton's representatives. Site access will be provided from the east side of Mergenhagen Street through one full access driveway. The full access driveway will provide entrance in the parking area. drive through lane and Verizon Cell Tower access road Dumpster access will be provided in the rear of the proposed building from the main parking area. The exclusive drive - through lane will start at the southeast corner of the development area and continue north around the northeast corner of the site. Drive - through vehicles will proceed to the pickup window on the west side of the building and exit to the full access driveway at Mergenhagen Street. Delivery and maintenance truck access will be provided along Mergenhagen with a walkway leading to the rear of the building. The existing walkway along the east side of Mergenhagen Street will be retained with a new walkway stub leading to the front of the proposed building. Pedestrian access will be provided safely to the front of the building through a handicap accessible marked cross walk. This walkway location will be in a well -lit area with no obstruction of view between vehicles and pedestrians. New landscaping consisting of trees and deciduous shrubs will be provided around the perimeter of the site and in the internal landscaped areas. The overall property will include 56% green space. New lighting will be provided throughout the site to improve the aesthetics and security. Light will be contained within the site and not spill onto neighboring properties. 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 will not nave a significant adverse affect on the quality of the environment. No further environmental review of this action will be conducted prior to project implementation and a Draft Environmental impact Statement will not be prepared Reasons Supporting This Determination: The facts and reasons for this decision are as follows: The project will clean up a long neglected site in a very prominent location in the City of Buffalo as well as creating more employment opportunities for community residents in the. 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, Land Use Controls Coordinator Room 901 City Hall Buffalo New York 14202 - 716 851 -5085 Mr. Smith moved: That the Common Council does hereby adopt the Negative Declaration, Notice of Determination of Non - significance for the Tim Horton's Restaurant for the construction of a building on the property located at 1374 Seneca Street Buffalo, New York, in accordance with Article 8 of the New York State Environmental Quality Review Act of the New York State Environmental Conservation Law (SEQRA) and 6 N.Y.C.R.R. Part 617. PASSED AYES 8 NOES 0 FROM THE COMPTROLLER NO. 6 INTERFUND CASH LOAN Certain Federal and State aided programs require a cash advance until the program is operating and reimbursement is received. I have reviewed the program listed below and determined the cash needs to be warranted have approved an interfund cash loan to be made in the maximum amount of $271,798.00 as needed subject to your approval. Loan is payable at date of reimbursement. FROM: 1000 - General Fund TO: 3207 - Delaware Park Lake Pump and Shoreline Rehabilitation Grant Title: Niagara River -Hoyt Lake Ecosystem Conservation Demonstration Project Grant Agency: New York State Department of Environmental Conservation Grant Amount: $271,798.00 Loan Amount: Maximum of $271,798.00 Estimated Date of Repayment: March 31, 2012 Mr. Smith moved: That the above communication from the Comptroller dated April 5, 2012, be received and filed; and That the Comptroller be, and he hereby is authorized to make an interfund cash loan from the 1000 - General Fund to 3207 - Delaware Park Lake Pump and Shoreline Rehabilitation in the amount of $271,798.00 for Niagara River -Hoyt Lake Ecosystem Conservation Demonstration Project. The estimated date of repayment is March 31, 2013. OR The loan will be repaid when Bond Anticipation Notes or Bonds are issued. PASSED AYES 8 NOES 0 NO. 6 INVENTORY AUDIT OF LAPTOPS AND TELECOMMUNICATIONS DEVICES With the advancements in technology, its use in the workplace has increased exponentially over the last few years. Particularly as it relates to the public sector, its introduction has been slow at times, and fairly swift and unchecked in others. Incumbent upon government is the responsibility to contain costs and establish sufficient internal controls to protect taxpayer dollars. Adequate policies and controls are an important part of this process. This audit has been developed to examine the record - keeping and internal controls of mobile telecommunications devices and laptop computers within the City of Buffalo. "Telecommunications devices" is an all- encompassing term that includes cellphones and smart phones (Blackberrys and Droids) that may be issued to City of Buffalo employees for business use. "Laptop computers" generally refers to the traditionally understood folding screen and keyboard configuration, but can also reference tablets and other flat screen computing devices. In general, we found that there is no overall strategy as it relates to mobile electronic and telecommunications devices. The responsibilities are split between the Department of Management Information Systems ( "MIS "), the Department of Public Works, Parks & Streets (through its Division of Telecommunications, Utilities & Franchises), the Police Department and the Fire Department. The result is a mix of controls (or lack thereof) and no central accountability. We believe this is an opportunity to be seized by the incoming Chief Information Officer. Whoever is appointed to that position should follow through on our recommendation to take the management of the telecommunications function from Public Works and bring it under the auspices of MIS. The Charter already contemplates this power in some degree. More formal action by the Council would be necessary to confirm and solidify this duty. There is general agreement amongst all parties that telecommunications devices should be managed under one department. While there remain concerns over adequate manpower, the consensus is that the operation would be better under a unified command. If you have any further questions on this matter, please feel free to contact the Department of Audit and Control. Copy available for review in the City Clerk's Office REFERRED TO THE COMMITTEE ON FINANACE NO. 7 2011 - 2012 SECOND QUARTER GAP SHEETS REPORT We have reviewed the 2011 - 2012 Second Quarter Gap Sheets Report Gap Report), which was prepared and submitted by the Administration. and are filing our review and summation as required under the City Charter. The Gap Report projects a budgetary $5.73 million surplus for the current year ending Jane 30, 2012 based on projections for the period January 1, 2012 through June 30, 2012. The anticipated timing of certain receipts and certain expenditures for the second half of the fiscal year are unknown to our office. Therefore, a historical analysis using past transactions was utilized to review the reasonableness of the projections as established by the Administration. Favorable budgetary variances in revenues include utility tax, sales tax, interest earnings, and service charges. For the second consecutive year, we are not expecting to receive any revenues from the Tribal Compact prior to Jane 30 th, Our analysis shows a favorable variance in personal services, and we expect all other expenditures to be materially within budget. It should be noted that the revised budget includes the use of $14 million of fund balance. This figure could increase subject to any unknown future items, such as unfavorable legal settlements, ratification of union contracts, or defeasance of the deficit bonds. Therefore, please note that with the use of this fund balance, and in accordance with generally accepted accounting principles (GAAP), the "net change in fund balances" in the 2012 CAFR will report a deficit on the fund financial statements. We understand that historical trends, although useful in performing a reasonableness test, may not necessarily be a fair prediction of what may occur in the next six months. Also, as our office is not a part of City -wide management decisions, we may not be aware of all anticipated changes to staffing and operations for the next six months. Our office will be performing a more detailed analysis of the 3 rd Quarter Gap Sheets report. We caution you that other changes may still occur over the next six months that could affect fund balance. REFERRED TO THE COMMITTEE ON FINANCE NO. 8 CERTIFICATE OF NECESSITY - COMMON COUNCIL Transfer of Funds We, Byron W. Brown, Mayor and Mark LF. Schroeder, Comptroller, do hereby certify, pursuant to Section §20 -12 of the Charter, that it is necessary that the sum of $40,048 be transferred and reappropriated as set forth below: From: 10102001- 412002 Common Council - Legislative Hourly $40,048 To: 10220006 - 434000 Common Council - Other Contractual Services $40,048 PASSED AYES 8 NOES 0 FROM THE PRESIDENT OF THE COUNCIL NO. 9 ESTABLISH CITIZENS EDUCAITON OVERSIGHT COMMITTEE I hereby establish the Citizens Education Oversight Sub - Committee, and appoint the following individuals as facilitators to this committee: Julie Boody Roberta Cates Emilio Fuentes Mary Ellen McGowan Theresa W. Mushat Sincerely, Richard A. Fontana Council President RECEIVED AND FILED FROM THE COMMISSIONER OF ASSESSMENT AND TAXATION NO. 10 FINAL REAL ESTATE VALUES FOR 2012 -2012 FY The following are Final Real Estate Values for the 2012 -2013 fiscal year. Total Assessed Real Estate $9,729,535.195 Plus: Special Franchise Assessment 379,674,935 Total Assessed Valuation 10,109,210,130 Less Non Taxable Real Estate 3,693,192,335 Railroad Exemption 63,661,175 Tax Base for General City Purposes 6,352,356,620 Plus: Veterans and Senior Citizens Exemptions subject to School Tax 85,760,124 Tax Base for Board of Education purposes 6,438,116,744 City Homestead 4,190,369,014 City Non - Homestead 2,161,987,606 School Homestead 4,275,252,120 School Non - Homestead 2,162,864,624 Sincerely, Martin F. Kennedy Commissioner RECEIVED AND FILED FROM THE COMMISSIONER OF PUBLIC WORKS. PARKS AND STREETS NO. 11 CHANGE IN CONTRACT BRODERICK PARK MASTER PLAN NIAGARA DISTRICT PRIOR COUNCIL REFERENCE: Item No. 11; CCP 10/18/11 1 hereby submit to Your Honorable Body the following change for Broderick Park, Master Plan, Nussbaumer & Clarke, Inc., C #93000870. 1. Additional services related to the evaluation for reuse Add $ 4,970.00 of the existing Concession Building, including site visit and report preparation. The foregoing change results in a net increase in the contract of Four Thousand Nine Hundred Seventy and 00/100 Dollars ($4,970.00). Summary: Original Contract Amount $63,000.00 Amount of This Change Order ( #1) Add $ 4,970.00 Revised Contract Amount $67,970.00 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 33400306 and other account(s) to be named at a later date. Mr. Smith moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated April 2, 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 $67,970.00 for the Broderick Park Master Plan Contract to Nussbaumer & Clarke, Inc., C #93000870. Funds for the project are available in Account #33400306, and other accounts to be named at a later date. PASSED AYES 8 NOE 0 NO. 12 PERMISSION TO HIRE CONSULTANT VARIOUS PROJECTS VARIOUS DISTRICTS I hereby request that Your Honorable Body authorize the Department of Public Works, Parks and Streets grant permission to hire a consultant to provide architectural and engineering services for the following projects: • 725 Humboldt (Masten CAO) - Reconstruction & Environmental Remediation • Historical Society —Window Reconstruction • Police Radio Annex- Reconstruction& Electrical Upgrades • Shea's Performing Arts Center- Stage House Exterior Reconstruction • Seneca Babcock Community Center- HVAC Upgrades • Cazenovia Casino - Interior Reconstruction & Structural Rehabilitation • Marcy Casino - Interior Reconstruction & Exterior Restoration The costs for consulting services are estimated not to exceed $300,000.00. The funds are available in bond account(s) 33320106, 34324206, 33320706, 34324806, 34310306, 33320406, 32320406, 32321206 - 445100 - Buildings, an account(s) to be named at a later date. The consultant will be chosen through a Request for Qualification (RFQ) process. Mr. Smith moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated April 5, 2012, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to hire a consultant chosen through a Request for Qualifications (RFQ) process to provide architectural and engineering services for the following projects: • 725 Humboldt (Masten CAO) - Reconstruction and Environmental Remediation • Historical Society - Window Reconstruction • Police Radio Annex - Reconstruction and Electrical Upgrades • Shea's Performing Arts Center- Stage House Exterior Reconstruction • Seneca Babcock Community Center - HVAC Upgrades • Cazenovia Casino - Interior Reconstruction and Structural Rehabilitation • Marcy Casino - Interior Reconstruction and Exterior Restoration The costs for consulting services are estimated not to exceed $300,000.00 to a consultant and are to be funded through Accounts 33320106, 33320706, 34324806, 34310306, 33320406, 32321206 - 445100 - Buildings, and an account(s) to be named at a later date. PASSED AYES 8 NOES 0 NO. 13 REPORT OF BIDS 60 HEDLEY PLACE RECONSTRUCTION - PHASE 2 JOB #11103 PRIOR COUNCIL REFERENCE: Item No. 17;CCP 01/24/12 1 advertised for on December 6, 2011 and received the following sealed formal bids for 60 Hedley Place, Reconstruction - Phase 2, which were publicly opened and read on January 10, 2012 HVAC Construction Greater Niagara Mechanical $172,300.00 7311 Ward Rd., N. Tonawanda, NY John W. Danforth Co. $182,330.00 300 Colvin Woods, Tonawanda, NY A bid received by Parise Mechanical was deemed unresponsive by the Law Department. I hereby certify that the foregoing is a true and correct statement of all bids received and that Greater Niagara Mechanical, with a bid of One Hundred Seventy Two Thousand Three Hundred and 00/100 Dollars ($172,300.00), is the lowest responsible bidder in accordance with the plans and specifications. I recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to order on the basis of the lowest responsible bid. Funding for this project is available in 36310306 445100 and 38320606 445100 - Buildings, 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 April 3, 2012, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to award and execute a contract in the Total amount of $172.300.00 to Greater Niagara Mechanical, to be funded through Accounts #36310306 445100 and 38320606 44510 - Buildings, and another account to be named at a later date. PASSED AYES 8 NOES 0 NO. 14 REPORT OF PROPOSALS AND CONTRACT AWARD LASALLE PARK SKATEPLAZA MASTER PLAN Requests for Proposals were sent December 7, 2011 and I received the following formal sealed proposals for Design, Architectural and Engineering Services for LaSalle Park Skateplaza Master Plan which were publicly opened and read on January 6th, 2012. Proposals were received from the following: Proposer Proposal Bid Grindline Skateparks, Inc. $ 47,700.00 Greenman - Pedersen, Inc. incomplete proposal Pillar Design Studios, LLC $ 41,140.00 U.R.S. Corporation $ 48,752.00 Stantec Consulting Services, Inc. $ 18,500.00 Burgeoning $294,000.00 New Line Skateparks, Inc. $ 24,600.00 Spohn Ranch, Inc. $ 18,000.00 1 hereby certify that the foregoing is a true and correct statement of all proposals received and that as per the Department of Public Works, Parks and Streets RFP panel review process; New Line Skateparks, Inc. for twenty -four thousand six hundred dollars and zero cents (524,600.00) is the most qualified responsible proposer in accordance with the request for proposal scope of services and specifications. I hereby respectfully request that Your Honorable Body authorize this department to enter into an agreement between the City of Buffalo and New Line Skateparks, Inc. Funds for this work are available in Account #33400306 - 445100 and in an account to be named at a later date. Your consideration toward this request is greatly appreciated. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT FROM THE COMMISSIONER OF POLICE NO. 15 APPROVAL FOR PURCHASING BUFFALO POLICE COMMAND BUS - HOMELAND SECURITY FUNDS - UASI 2008] 12/13/2011 - CCP #23. ITEM #19 As you know, the City of Buffalo has been awarded 2008 Homeland Security UASI Funds, which we are now in the process of spending. In 2011, the Federal Government took away UASI Funding from Tier 2 Cities, including Buffalo, and therefore, in 2011 our funding now comes from the State's Homeland Security Program with the consensus of Erie and Niagara Counties; we are waiting for our contract for this funding. The State's Department of Homeland Security and Emergency Services has asked Buffalo to consider "flipflopping" our use of some of our funding; specifically with regard to the purchase of the Police Command Bus that we requested under the State's Homeland Security Funding and received permission to procure. They have asked us to consider this due to spending deadlines being imposed by the Federal Government. The State is in the process of asking the "Feds" for an extension regarding the New York's 2008 UASI Funds (which Buffalo's are included), but there is no guarantee they will receive an extension. Should we not receive an extension, the City must spend down the balance of funding (approximately $1.3 mil slated for data project, radio project, cameras, etc) by September 30, 2012. Because we considering this request, giving us more time for the camera project, which requires us to submit extensive Environmental and Historic Preservation Forms, Ariel Photos, etc. which are mandated by the "Feds" for any type of camera other than a portable camera, we are now asking your Honorable Body for permission to secure the Command Bus Vehicle. Our current vehicle is going on 14 years old, currently leaks and cannot accommodate today's technological advances properly. This non -take home vehicle will be utilized by all five (5) of Buffalo's Police Districts plus the specialty squads within our Department (Narcotics, Violent Crime IMPACT Team, Homicide, etc.) at all festivals, large community events (ball drop, waterfront concerts, etc), and emergency crisis situations that include natural and man -made disasters. This vehicle serves "on scene" as a mobile command post to coordinate public safety measures. This vehicle will also carry special patrol equipment necessary for these type of functions (i.e., segways). This vehicle would also benefit the community -at -large as often times we park it in various neighborhoods to improve community relations. In addition, because other jurisdictions have requested the services of the Buffalo Police Department, especially our border law enforcement partners (Cheektowaga, Lackawanna, West Seneca) in various types of situations due to our expertise, experience, and resources, this hopefully will be another resource we can use to assist when called upon for help. Because of grant time constraints and the fact that it will take quite a while to maneuver through the City's procurement process, we are respectfully asking your Honorable Body to approve our request at this meeting. If you have any questions, feel free to contact either Captain Mark Makowski or Maureen Oakley of the Buffalo Police Grants Section at 851- 44 -75. Thank you! Mr. Smith moved: That the above communication received from the Commissioner of the Police Department dated March 29, 2012, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Police Department to purchase a command bus that was requested under the State's Homeland Security Funding. PASSED AYES - 8 NOES — 0 NO. 16 APPOINT CELLBLOCK ATTENDANT(PERM)(MAX)(HANRAHAN) Appointment effective 4/13/2012 in the Department of Police to the position of Cellblock Attendant, Permanent Appointment at the Maximum Salary of $36,119.00 Margaret Hanrahan, 272 Baraga St, Buffalo, NY 14220 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF FIRE NO. 17 GRANT FUNDING AGREEMENT /ACCEPTANCE /INTAKE /PROCESSING UTILIZATION DOCUMENTATION FOR $281693 GRANT FROM NYS DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES The City of Buffalo has obtained a grant funding commitment from the above grant funding source in the amount of up to $281.693. The Grant funding agreement and related grant funding intake document /processing /utilization /reimbursement and related materials are attached for your reference. The objective of the Grant program is to prevent terrorist attacks and to mitigate against man -made and natural hazards and to protect people, our critical infrastructure and key resources and to prepare to respond to and recover from both man -made and natural disasters. Grant objective implementation will be accomplished by information technology equipment and medical equipment purchases and by providing the necessary training of personnel /first responders. This grant is a reimbursement based type of grant There is no City funding match required. The Fire Department is requesting that You" Honorable Body hereby: 1. Ratify and confirm the efforts and actions of the City aria the Fire Department in qualifying for and receiving the Grant and other grant related matters 2. Authorize the Mayor to execute the necessary grant funding agreement and related documentation as shall be required or useful in facilitating the City of Buffalo's or the Fire Department's receipt and utilization of the grant funding; 3. Authorize other City and Fire Department personnel to take all other steps and to enter into and execute such agreements and such further related project documentation and arrangements as are appropriate and /or necessary to facilitate and implement the City's or the Fire Department's receipt and utilization of the grant funding as well as all related reporting monitoring and follow -up functions associated with the grant funding and reimbursement processes. Mr. Smith moved: That the above communication from the Commissioner of Fire, dated April 11, 2012, be received and filed; and That the Commissioner of Fire, be, and hereby is authorized on behalf of the City to accept the award of a grant, totaling $281,693.00 (federal funds) from the NYS Division of Homeland Security and Emergency Services and that the Mayor be, and he hereby is authorized to execute the necessary grant funding agreement and related documentation as shall be required or useful in facilitating the City of Buffalo's or the Fire Department's receipt and utilization of the grant funding. The grant is a reimbursement based type of grant. There is no City funding match required. PASSED AYES -8 NOES -0 FROM THE CORPORATION COUNSEL NO. 18 APPOINT DEPUTY CORPORATION COUNSEL(PERM)(CADLE) Appointment effective April 3, 2012 in the Department of Law to the Position of Deputy Corporation Counsel, Permanent at the Maximum Salary of $82,326.00 Delia Cadle, 39 Larchmont, Buffalo, NY 14214 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 19 APPOINT ASSISTANT CORPORATION COUNSEL I (PERM (MUNI)(DOLIN) Appointment effective April 3, 2012 in the Department of Law to the Position of Assistant Corporation Counsel, Permanent, Non Competitive at the Maximum Salary of $53,686.00 Brylan Dolin, 25 St. Johns PI Apt 2, Buffalo, NY 14201 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 20 APPOINT SENIOR DEPUTY CORPORATION COUNSEL(PERM)(SAVAGE III) Appointment effective April 3, 2012 in the Department of Law to the Position of Senior Deputy Corporation Counsel, Permanent, Non Competitive at the Salary of $84,564.00 Peter J. Savage III, 34 Blantyre, Buffalo, NY 14216 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT & INSPECTION SERVICES NO. 21 FOOD STORE LICENSE RENEWALS Pursuant to Chapter 194 of the City of Buffalo Ordinances, specifically section 194 -7.1 "Procedure governing license renewals," attached find a list of all Food Stores expiring on April 1, 2012. As per Chapter 194 -7 on or before the first day of May, the Common Council shall notify this department, in writing, each license it believes requires investigation by the Department prior to the license being renewed. Additionally, the Common Council shall also forward to this department, any and all information it deems pertinent to the investigation of the licensee. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 22 RESTAURANT DANCE CLASS III 334 DELAWARE (NEW APPLICATION) Pursuant to Chapter 150 of the City of Buffalo Ordinance please be advised that I have examined the attached application for a Restaurant Dance Class III License located at 334 Delaware Ave, dba Sinful, and find that as to form is correct. I have caused an investigation into the premises for which said application for a Restaurant Dance Class III license is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspections. I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of Susan Riggi. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 23 RESTAURANT DANCE LICENSE (RENEWAL) 2046 FILLMORE Pursuant to Chapter 150 of the City of Buffalo Ordinances, please be advised that I have caused an investigation into the premises located at 2046 Fillmore for which said renewal application for a Restaurant Dance Class III license is being sought by Curtis Drake @ New Golden Nugget and according to the attached reports from the Fire Department, Police Department and Building Inspections, I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Mr. Smith moved: That the above communication from the Commissioner of Permits and Inspections, dated April 3, 2012, be received and filed; and That the Commissioner of Permits and Inspections Services is hereby authorized pursuant to Chapter 150 of the City Code to issue a Restaurant Dance Class IV License to 2046 Fillmore, Curtis Drake d /b /a New Golden Nugget upon the following conditions: 1. Notification to City Hall through available form when having a special event outside of the normal food service operation. Such events would include but not be limited to parties where larger than normal crowds are expected, night dances, events that require heightened vigilance, concerts, etc. 2. Licensee to provide immediate notification to Police Department when ejecting patrons due to unruly behavior. PASSED AYES -8 NOES -0 NO. 24 RESTAURANT DANCE LICENSE (RENEWAL) 416 PEARL ST Pursuant to Chapter 150 of the City of Buffalo Ordinances, please be advised that I have caused an investigation into the premises located at 416 Pearl St for which said renewal application for a Restaurant Dance Class IV license is being sought by Tony Vaillant @ Barcelona On Pearl and according to the .attached reports from the Fire Department, Police Department and Building Inspections, I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION. FROM THE COMMISSIONER OF ADMINISTRATION, FINANCE, POLICY & URBAN AFFAIRS NO. 25 MEALS FOR PRISONERS The Division of Purchase is requesting permission from your Honorable Body to enter into a Inter - Municipal Agreement with the Buffalo Board of Education to supply food for the Buffalo Police Department City Court Lock Up. As per Department of Justice Standards. food must be supplied to prisoners. It is imperative that this agreement be presented for immediate approval as the City will be taking back its Court Lock up function from Erie County effective May 1 2012. The Division of Purchase solicited a formal RFP in the open market for proposals to supply meals Two proposals were received; Hyatt Hotel at an estimated cost of $120,450 per year, and Adams Mark at an estimated cost of $210,000 per year. With the cooperation of the Board of Education, the City of Buffalo will be able to meet Department of Justice's guidelines and supply meals at the City Court lock up with a substantial savings, by reimbursing the Board of Education for an estimated cost of $40,000.00 - $50,000 per year. As a result of the City Court Lockup opening on May 1,2012, we respectfully request your Honorable Body's approval on this request at your next Council meeting. M r. Smith moved: That the communication from the Director of Purchase, dated April 10, 2012, be received and filed; and That the Common Council hereby authorizes the Director of Purchase to enter into an Inter - Municipal Agreement with the Buffalo Board of Education to supply food for the Buffalo Police Department City Court Lockup. The Division of Purchase solicited a formal RFP in the open market for proposals to supply meals. With the cooperation of the Board of Education, the City of Buffalo will be able to meet Department of Justice's guidelines and supply meals at the City Court lockup with a substantial savings, by reimbursing the Board of Education for an estimated cost of $40,000.00 - $50,000.00 per year. PASSED AYES -9 NOES -0 FROM THE BUFFALO SEWER AUTHORITY NO. 26 2012 -2013 BUDGET Item available for review in The City Clerk's Office REFERRED TO THE COMMITTEE ON FINANCE FROM THE CITY CLERK NO. 27 ITEM RETURNED TO CITY CLERK BY MAYOR WITHOUT APPROVAL OR DISAPPROVAL I hereby inform you that the following Item which were passed by the Common Council on March 20, 2012 No 87, C.C.P. March 20, 2012 - Ordinance Amendment - Ch 511 Zoning - Special Districts The above item was returned by the Mayor unsigned, the Item was Supersede by - 90, C.C.P. April 3, 2012. RECEIVED AND FILED NO, 28 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 1264 Hertel Jewel of India 1264 Hertel 1260 Hertel Billamy's BBQ William Wesolowski 50 Military Ave Military Tavern Marcus Hatten RECEIVED AND FILED NO. 29 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- Donna Donovan, Sally Johnson RECEIVED AND FILED NO. 30 REPORTS OF ATTENDANCE I transmit herewith communications received by m, from the various boards, commissions, agencies and authorities reporting the membership attendance at their respective meetings: Buffalo Sewer Authority City Planning Board RECEIVED AND FILED No. 31 NOTICES OF APPOINTMENTS - SEASONAL /FLAT I transmit herewith certificates received by me, reporting seasonal and flat salary appointments made in various departments. RECEIVED AND FILED. CERTIFICATE OF APPOINTMENT Appointment effective 04/10/2012 in the Department of Public Works, Parks and Streets, Division of Streets to the Position of Laborer II, Seasonal Appointment at the Flat Salary of $12.06/hr Delano Fabor, 34 Keystone St, Buffalo, NY 14211 NO. 32 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 04/13/2012 in the Police, Division of Administration and Communication to the Position of Report Technician, Permanent Appointment at the Minimum Salary of $32, 816.00 Rosemarie S. Kolb, 311 Skillen, Upper, Buffalo, NY 14207 Michelle Stanford, 661 E. Delavan Avenue, Buffalo, NY 14215 Amelite C. King, 247 Newburgh Ave, Buffalo, NY 14215 Elizabeth E. King, 22 Cottage Street, Buffalo, NY 14201 CERTIFICATE OF APPOINTMENT Appointment effective 04/13/2012 in the Police, Division of Administration and Communication to the Position of Cellblock Attendant, Permanent at the Minimum Salary of $22,423.00 Richard L. Taczkowski, 205 Marine Dr, Apt 11 G, Buffalo, NY 14202 Frank J. Gibbs, Jr, 452 Spring St, Buffalo, NY 14204 Damien C. Mitchell, 436 Northampton Street, Buffalo, NY 14208 LaKisha S. Champion, 60 Burgard Place Apt 2, Buffalo, NY 14211 Darnell Hardy, 27 Cambridge Avenue, Buffalo, NY 14215 Corvair A. Bennett, 35 Hagen Street, Buffalo, NY 14211 Tania M. Matos, 217 Prospect Avenue, Buffalo, NY 14201 Robert J. Przbyszewski, 17 Whitehall Avenue, Buffalo, NY 14220 Nicholas A. Bautz, 33 Newman Place, Buffalo, NY 14210 John L. Rosa, 31 S. Ryan St, Buffalo, NY 14210 Tamika N. Hinton, 487 Berkshire Avenue, Buffalo, NY 14215 Jerome Barker, 99 Brinkman Avenue, Buffalo, NY 14211 Paul J. Ramunno Jr, 247 North Drive, Buffalo, NY 14216 David E. Beyers, 403 Cumberland Avenue, Buffalo, NY 14220 Jason C. Stachowski, 182 Willett Street, Buffalo, NY 14206 Jeffrey D. Saleman, 87 Armin St, Buffalo, NY 14210 NON - OFFICIAL COMMUNICATIONS. PETITIONS AND REMONSTRANCES NON - OFFICIAL COMMUNICATIONS NO. 33 T. BARRETT- CONCERNS REG BFLO FIRE DEPT PROMOTIONS The Honorable Bonnie E. Russell Chairwoman, Civil Service University District Common Council Member 1508 City Hall Buffalo, NY 14202 Dear Common Council Member Russell: I am requesting the opportunity to speak at the April 24, 2012 Civil Service meeting regarding Buffalo Fire Department Promotions Respectfully, Tom Barrett Vice President Buffalo Professional Firefighters Association IAFF Local 282 AFL -CIO REFERRED TO THE COMMITTEE ON CIVIL SERVICE. NO. 34 J. BREM- SUPPORTS BFLO PRES BD RECOMMENDATION TO LANDMARK TRICO PLANT I Gerald Chwalinski City Clerk City of Buffalo 1308 City Hall Buffalo, NY 14202 Dear Mr. Chwalinski: I would urge the Common Council to support the Buffalo Preservation Board's recommendation to Landmark TRICO plant 1. 1 would like to voice my support in favor of saving this structure in its entirety. I would oppose any demolition, in part, or in whole, of this building which serves as part of Buffalo's manufacturing past. From an energy and environmentally conservative standpoint, it is better to restore solidly built structure like this than demolish it. Furthermore, LIB Medical School should be located in this building instead of the favored location of McCauley Garden Apartments at Goodell Street and Michigan Avenue, which would entail demolition of occupied apartments which federal money, was used to construct. Sincerely, J. Brem REFERRED TO THE COMMITTEE ON LEGISLATION NO. 35 MEMORANDUM D. PRIDGEN -R. STEVENSON- CONCERNS HISTORIC LANDMARK OF TRICO PLANT I Gerald Chwalinski Council Member Darius G. Pridgen April 10, 2012 Historic Landmark & Preservation status /former Trico Plant I I would like to file the attached information for the next Common Council meeting to be held on April 10, 2012. Thank You Darius G. Pridgen Honorable Members The Common Council City of Buffalo City Hall Buffalo, New York Re: Historic Landmark & Preservation status / former Trico Plant I Dear Ms. Russell and Gentlemen: I write to your Honorable Body with concern for the issue before you of the former Trice Plant 1. 1 believe I am qualified, and because of geography perhaps uniquely so. to speak to the disposition of this building by the Buffalo Niagara Medical Campus. Eastman Machine Company has made its home on the southeast corner of Goodell and Washington Streets since 1901. Our distinctive cornerstone offices sit in the literal shadow of that deteriorating edifice whose uncertain future you now contemplate. At the same time, we have observed as well the threatened decline and recent rebirth of several of our other neighbors - The Sidway, the former Courier - Express and the M. Wile buildings, for example - through the laudable efforts of a private developer, charitable and not - for - profit institutions, respectively, aided to an appropriate degree by the public's support in the form of grants, tax relief or direct state and local government investments. From my office perch, I applaud those investments which unashamedly, attest to my own family's four generations of commitment to this Buffalo crossroads. As to the criteria for the now - considered preservation of Trice Plant 1, see no abiding historic value in its having once housed an innovative technology and whose owners made purely a business decision to seek cheaper labor elsewhere. As to the architectural significance and character of the structure itself, I perceive in its 1920s -era reinforced concrete facade nothing particularly unique, alone justifying its preservation n the absence of the promise of an economically feasible conversion. Certainly, any fealty of this community to Trico's architectural contributions is nominally recognized by the private redevelopment of Trice Plant 2, the now so- called Tri -Main Building - a structure that to me has far more aesthetic appeal than its pre- eyesore confederate ever had. At the same time. I do not impliedly endorse the decision to be made purely upon an owner's mere cold. clinical calculus of the cost of retrofitting versus the cost of demolition and erection of a new structure. Although private owners surely have some obligation to the community to preserve significant dwellings in the public's interest. I heartily believe that government and government - supported institutions which receive substantial dollars from the taxpayer have a heightened responsibility to be transparent, considerate and flexible in their decision - making in relation to the community at large. In conclusion I offer no great insight into the issues that should be balanced or the ultimate determination to be reached in deciding this building's fate. However. I would humbly urge all parties concerned to move with alacrity to assess the various factors and make a decision in a measured and responsible fashion. In witness of these times of seemingly increasing inflexibility toward problem - solving, we damage our community's potential for progress and a desirable "can -do" attitude for attracting investment by prolonging review processes to the brink of self- defeat. In closing, there occurs to me a certain perfect irony in the prospect of this debate before us. I vividly recall some twenty years ago the urgency and the subsequent collective hand - wringing that marked the belated effort to realistically safeguard for the long -run some of those very manufacturing jobs that Plant 1 and Buffalo then enjoyed. But by the time support for an enduring compromise was marshaled, the die had been cast and a meaningful opportunity lost. Let us not again regret what proves to be the inevitable by failing to act this time with all deliberate speed. Thanking you for this opportunity to express my thoughts on this matter, I remain. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 36 B. BOLLMAN- APPLICATION FOR CONSIDERATION FOR SOUTH COUNCIL DISTRICT SEAT April 4, 2012 Buffalo Common Council 1308 City Hall 65 Niagara Square Buffalo, NY 14202 Honorable Council Members, I am writing to express my interest in serving as South District Council Member to fill the vacated seat. I believe that my body of experience and determination to serve the City of Buffalo make me an ideal candidate for the position. Working for the Common Council since 2008 1 have become indoctrinated with the responsibilities of a Councilmember, thus allowing me to perform these duties effectively from day one. Through my day -to -day work experiences I have developed a unique approach to serving the community, focusing both on legislation to benefit the entire City of Buffalo as well as individual constituent service and community improvement. My previous familiarity with the Councilmember, Administration, department heads and other crucial city agents will allow me to accomplish many goals during my brief term of service. The residents of the South District deserve a representative who knows their expectations and is eager and prepared to meet them immediately. As a young family man with a wife and three children I value the importance of community over personal gain. Therefore I intend to serve as the interim Councilmember of the South District seat until such time as the residents of South Buffalo are allowed to elect a candidate of their choice. As a continuation of my public service I will assist in the training and acclamation of the new Councilmember and their staff following the November 2012 general election. If you have any questions or concerns you'd like to discuss please feel free to contact me at. Thank you very much for your consideration in allowing me the opportunity to seek such an honorable endeavor. REFERRED TO THE COMMITTEE OF THE WHOLE NO. 37 BFLO WATER MONTHLY WATER BOARD REPORT -MARCH 2012 Available for Review in The City Clerk's Office REFERRED TO THE COMMITTEE ON FINANCE NO. 38 MEMORANDUM LP CIMINELLI -BOARD PACKET DOCUMENTS APRIL 2012 Deputy City Clerk Gerald Chwalinski Program Packaging and Development Services (PPDS) Provider April 3, 2012 Board Packet Documents Attached are the following documents from the Joint Schools Construction Board meeting scheduled on April 2, 2012: 1. Draft Agenda 2. Meeting Minutes from JSCB Meeting dated March 5, 2012 3. Fully Executed Phase IV Application and Certificate for Payment No. 44R- February 2012 4. Fully Executed Phase V Application and Certificate for Payment No. 27 - February 2012 5. Phase IV Application and Certificate for Payment No. 45 - March 2012 6. Phase V Application and Certificate for Payment No. 28 - March 2012 7. Resolution for Refunding of Phase II Bonds 8. Program Packaging and Development Services (PPDS) Provider Update 9. Bevlar & Associates Inc. Construction Contract Monitoring and Compliance Services Monthly Report for Addendum I Phase 1 V Project - February 2012 10. Bevlar & Associates Inc. Construction Contract Monitoring and Compliance Services Monthly Report for Addendum I Phase V project- February 2012 11. Inclusion Development Associates, Inc. Construction Contract Compliance Monitoring Monthly Report for Phase 1 V - February 2012 12. Compliance & Administrative Services of New York Compliance Monthly Report for Phase V - February 2012 REFERRED TO THE SPECIAL COMMITTEE ON EDUCATION NO. 39 R. FONTANA -D. CIALONE JR.COMPLAINT CAR PARTS LEFT AT ACCIDENT SCENES From: Donald Cialone .Jr. [ mai Ito: dpcialoneO- road runner. com] Sent: Tuesday, April 10, 2012 12:39 PM To: Councilmember Franczyk Cc: Councilmember Fontana Subject: Car parts left behind at accident scenes I'm writing because, quite honestly I'm sick of seeing car parts left behind after accident scenes. I think you should seriously consider a new city ordinance or law that mandates tow companies pick up all the broken glass and ear parts left behind at motor vehicle accident scenes. This is a problem that seemingly gets worse year after year. I have lived in the city for over 7 years now and I constantly come across car parts, sometimes as large as bumpers just left at the side of the roads. I was a fire fighter in the suburbs for aver 16 years and it was a duty always taking care of by the tow operators. That is not what appears to be happening in the city. It appears that lazy tow operators are either just leaving the parts or sweeping the broken glass and car parts to the side of the road which is not only unsightly, but dangerous. I love loving in the city but it aggravates me to no end that this continues to happen. There is no reason why these tow operators can't sweep up after accident scenes like their suburban counterparts do. They would not tolerate lazy tow operators in the suburbs and we should not tolerate them in the city either. I take great Pride in the City of Buffalo and I Look forward to hearing back from You about this matter REFERRED TO THE COMMITTEE ON LEGISLATION NO. 40 L. FORTUNE - COMPLAINTS CARS PARKED ON PATHS AND GRASS AT MLK PARK Dear Council Member Smith, My name is Layah Fortune and I would like you to make a new law and that law is that people can't park on the park's paths and grass at MLK Park. This bothers me because it is inconsiderate to people who are trying to walk or bike on the paths. The cars that park on the grass destroy the grass and cause a lot of mud when it rains. I think people who park on the park grass and paths at MLK Park should get a ticket, From now on, when t see people parking on the grass or paths I will write down their license plate number on a piece of paper and give it to the police. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT AND THE OLMSTED PARKS CONSERVANCY NO. 41 R. GRABER -EC LEG RESOLUTION REG RESOLUTION REG DEMARCATED PEDESTRIAN CROSSWALK BTWN 92 & 95 FRANKLIN TO WHOM IT MAY CONCERN: I Hereby Certify that at the 6th Session of the Legislature of Erie County, held in the Legislative Chambers, in the City of Buffalo. on the Twenty -Ninth day of March, 2012 A.D., a Resolution was adopted, of which the following is a true copy: A RESOLUTION TO BE SUBMITTED BY LEGISLATORS GRANT, MAZUR & MILLS, HOGUES, MARINELLI, HARDWICK. LOUGHRAN, RATH, McCRACKEN, DIXON & LORIGO WHEREAS, a dangerous traffic situation exists for pedestrians who cross Franklin Street directly between Old Erie County Hall. 92 Franklin Street, and the Rath Building, 95 Franklin Street; and WHEREAS, a substantial amount of business is conducted between the employees and general public who traverse these two buildings, and beyond to the Erie County Family Court Building across from the Rath Building on Eagle Street, as well as the County Hall Annex at 25 Delaware Avenue; and WHEREAS, the pedestrian traffic crossing Franklin Street is composed of the general public: justices, employees, attorneys, litigants and jurors for the Erie County Court. New York State Supreme Court and Surrogate's Court; Erie County legislators and their staffs; employees of the Erie County Clerk's Office, Sheriffs Office, Probation Department and others; and WHEREAS, there is an urgent need for a demarcated pedestrian crosswalk on Franklin Street that clearly establishes that pedestrians have the right -of -way, and having a clearly marked crosswalk and other traffic safety measures called for at that location are in the best interests of both pedestrians and motorists alike; and WHEREAS, there are a number of model examples of mid - street pedestrian crosswalks on high- traffic thoroughfares in other communities throughout Erie County; and WHEREAS, it is fitting and proper for this Honorable Body to initiate an open public discussion about this situation and to seek redress from the City of Buffalo, which has jurisdiction over Franklin Street; and WHEREAS, the Erie County Legislature unanimously approved a resolution to achieve that goal, Intro 25 -5 (2009), on December 17, 2009, yet this dangerous situation still exists, NOW, THEREFORE, BE IT RESOLVED, that the Erie County Legislature request that representatives from the City of Buffalo attend a future meeting of the Public Safety Committee to discuss the concerns of county and state employees, as well as the general public, regarding the need for a demarcated pedestrian crosswalk on Franklin Street to provide safe passage directly between the Rath Building at 95 Franklin Street and Old County Hall at 92 Franklin Street in Buffalo; and be it further RESOLVED, that a certified copy of this resolution be forwarded to the Mayor of the City of Buffalo. the Honorable Byron W. Brown; the Buffalo Common Council; and to Steven Stepniak, Commissioner of Public Works, Parks and Streets in the City of Buffalo. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT THE COMMSSIONER OF PUBLIC WORKS AND THE CORPORATION COUNSEL NO. 42 NYS URBAN DEVELOPMENT CORPORATION PROPOSE ERIE CANAL DEV CORP AS LEAD AGENCYFOR GALLAGHER BEACH SAND SUSTAINABILITY STUDY The New York State Urban Development Corporation, d /b /a Empire State Development Corporation ( "ESDC "), on behalf of its subsidiary, the Erie Canal Harbor Development Corporation ( "ECHDC "), proposes to serve as lead agency for the environmental review process robe carried out under the New York State Environmental Quality Review Act ( "SEQRA ") and its implementing regulations (6 NYCRR Part 617) in connection with Gallagher Beach Sand Sustainability Study ( GBSSS) in Buffalo, New York. The proposed action has been classified as an Unlisted Action under the implementing regulations for SEQRA. It involves the use of funds administered by ECHDC for a study to determine if sand placed on the existing beach surface will persist from year to year. The GBSSS will be comprised of three separate test areas of approximately the same size: 100 feet wide by 100 to 150 feet long. Each will contain an average of approximately 450 cubic yards of sand. Each test area will extend from the upland edge of the beach into the water to an approximate depth of 2 feet. The three test areas will be inspected at monthly for the duration of the study period, anticipated to extend from the Fall of 2012 into the following year. At the end of the study period, the test areas and immediate surrounding lake bottom will be re- surveyed. If within thirty (30) days from the mailing of this notification there are no comments from other potentially involved agencies, it will be assumed that your agency has no objections to ESDC serving as lead agency for the environmental review of the project. A reply form is enclosed for your convenience. The contact person for this project is: Mark Smith, Director of Construction Empire State Development Corporation Erie Canal Harbor Development Corporation 95 Perry Street Buffalo, NY 14202 716 - 846 -8200 716 - 846 -8252 A Full Environmental Assessment Form (EAF), Part 1, and a copy of this notice have been sent to: Potential Involved Agencies: • City of Buffalo Buffalo Dept. Public Works. Parks, & Streets Buffalo Planning • Niagara Frontier Transportation Authority • New York State Department of State • NYS Dept. of Environmental Conservation - Region 9 • New York Power Authority • New York State Urban Development Corporations, d /b /a Empire State Development Corporation Interested Agencies /Parties /Organizations (FOR INFORMATION PURPOSES ONLY - NEED NOT RESPOND): • Hon. Charles Schumer, United States Senate • Hon. Kirsten Gillibrand, United States Senate • Hon. Brian Higgins, United States Congress • Hon. Timothy Kennedy, New York State Senate • Hon. Lynn Dixon, Erie County Legislator • City of Buffalo Hon. Byron Brown, Mayor Buffalo Common Council [via City Clerk) Department of Public Works, Parks, and Streets Buffalo Planning Board • Erie County Department of Environment and Planning • Buffalo Niagara Riverkeeper 1 An "Involved" Agency is a state, county, or municipal agency that has jurisdiction by law to fund, approve or directly undertake an action or project. If an agency will ultimately make a discretionary decision to fund, alOpmve or undertake an action (or portion thereof), then it is an Involved Agency. Under SEQRA, the designated "Lead Agency" must be an Involved Agency. 2 An "Interested'.' Agency, party, or organization is an agency or entity that while lacking any jurisdictional or discretionary authority to directly fund, approve or directly undertake an action or project (or portion thereof), wishes to participate in the review process because of its specific expertise or concern about the proposed action. RESPONSE TO NOTICE OF PROPOSED LEAD AGENCY DESIGNATION PROPOSED LEAD AGENCY New York State Urban Development Corporation, d /b /a Empire State Development Corporation, on behalf of its subsidiary, the Erie Canal Harbor Development Corporation. NAME OF ACTION PROJECT Galiagher Beach Sand Sustainability Study 1515 & 175 Fuhrmann Boulevard Buffalo, Erie County, New York On behalf of the (please insert agency name), I acknowledge receipt of the lead agency designation notice in this matter. The above named involved agency hereby (please check one): [ ] CONSENTS that the above named agency serve a lead agency in this application, and requests that the undersigned Continue to be notified of SEQRA determinations, proceedings and hearings in this matter. DOES NOT CONSENT to the above named agency serving as lead agency in this application and requests that serve as lead agency. To contest lead agency, the undersigned intends to follow the procedures outlined in 6 NYCRR Part 617.6(e). REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 43 ERIE CANAL HARBOR DEVELOPMENT SEQR GALLAGHER BEACH SAND SUSTAINABILITY STUDY 617.20 Appendix A State Environmental Quality Review FULL ENVIRONMENTAL ASSESSMENT FORM Purpose: The full EAF is designed to help applicants and agencies determine, in an orderly manner, whether a project or action may be significant. The question of whether an action may be significant is not always easy to answer, Frequently there are aspects of a project that are subjective or unmeasurable. It is also understood that those who determine significance may have little or no formal knowledge of the environment or may not be technically expert in environmental analysis. In addition, many who have knowledge in one particular area may not be aware of the broader concerns affecting the question of significance. The full EAF is intended to provide a method whereby applicants and agencies can be assured that the determination process has been orderly, comprehensive in nature, yet flexible enough to allow introduction of information to fit a project or action. Full EAF Components: The full EAF is comprised of three parts: Part 1: Provides objective data and information about a given project and its site. By identifying basic project data, it assists a reviewer in the analysis that takes place in Parts 2 and 3. Part 2: Focuses on identifying the range of possible impacts that may occur from a project or action. It provides guidance as to whether an impact is likely to be considered small to moderate or whether it is a potentially -large impact. The form also identifies whether an impact can be mitigated or reduced. Part 3: If any impact in Part 2 is identified as potentially - large, then Part 3 is used to evaluate whether or not the impact is actually important. THIS AREA FOR LEAD AGENCY USE ONLY DETERMINATION OF SIGNIFICANCE -- Type 1 and Unlisted Actions Identify the Portions of EAF completed for this project: [] Part1 [] Part2 []Part 3 Upon review of the information recorded on this EAF (Parts 1 and 2 and 3 if appropriate), and any other supporting information, and considering both the magnitude and importance of each impact, it is reasonably determined by the lead agency that: The project will not result in any large and important impact(s) and, therefore, is one which will not have a significant impact on the environment, therefore a negative declaration will be prepared. Although the project could have a significant effect on the environment, there will not be a significant effect for this Unlisted Action because the mitigation measures described in PART 3 have been required, therefore a CONDITIONED negative declaration will be prepared. The project may result in one or more large and important impacts that may have a significant impact on the environment, therefore a positive declaration will be prepared. 'A Conditioned Negative Declaration is only valid for Unlisted Actions GALLAGHER BEACH SAND SUSTAINABILITY STUDY REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 44 NYSDEC- 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 May 4, 2012. If you would like to provide us with written comments, please send them to: Mr. Maurice Moore, Project Manager, NYS Department of Environmental Conservation, 270 Michigan Ave., Buffalo, NY 14203 :mfmoore @gw. dec. 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.nv.gov /cfmx/extapps/ derexternal /index.cfin ?pageid -3 The Department is sending you this notice in accordance with Environmental Conservation Law Article 27, Title 13 and its companion regulation (6 NYCRR 375- 2.7(b)(6)(ii)) which requires the Department to notify all parties on the contact list for this site of this recent action. RECEIVED AND FILED NO. 46 NYS COMPTROLLER DEBT STATEMENT STATE OF NEW YORK OFFICE OF THE STATE COMPTROLLER ALBANY, NEW YORK 12236 DEBT STATEMENT OF CITY OF BUFFALO ERIE COUNTY, NEW YORK PREPARED AS OF APRIL 2, 2012 REFERRED TO THE COMMITTEE ON FINANCE NO. 46 D PRIDGEN -D. GERVASI- RELOCATE ENGRAVED STARS FROM CHIPPEWA TO 600 BLOCK OF MAIN MEMORANDUM I would like to file the attached information for the next Common Council meeting to be held on April 17, 2012. Thank You, Ellicott District Council Member Pastor Darius G. Pridgen Ellicott District Common Council Member 1408 City Hall Buffalo, NY 14202 Pastor Pridgen: I am writing you regarding the Cars Sharing Main Street project and offer a suggestion that I believe will add to the design and spirit of the project in the 600 block of Main Street. I am a professional actor and comedian that lives, works and plays in the Theatre District. For almost 15 years I have owned my own comedy troupe, the Eclectic Improv Company which performs at Shea's Smith Theatre. Since 2001 1 have been a member of Actors' Equity Association, the union of professional Actors and Stage Managers in the United States. In 1995, Artvoice created The Buffalo Theatre Walk of Fame on the South sidewalk of Chippewa Street between Pearl Street and Franklin Street. Forty -one stars were placed in the sidewalk, twenty -two of which have engraved names honoring various theatrical successes linked to Buffalo such as Christine Baransld, Michael Bennett and David Shire. This location, between Prima Pizza and Bacchus, was chosen because at the time the Calumet Arts Cafe and Irish Classical Theatre were once located on that block. This proposal serves primarily to initiate the removal and relocation of these Stars from Chippewa Street to a permanent sidewalk location on the 600 block of Main Street. In addition, there is a hope to engrave new names on the blank stars in annual or semiannual ceremonies much like Hollywood's stars. I hope this idea can be integrated into the existing plan for the sidewalks of Main Street in the Theatre District. Enclosed please find photos of the stars, as they currently stand, neglected and forgotten with time. Sincerely, REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT. NO. 47 R. TACZKOWSKI- CONCERNS - DUTIES & POWERS OF THE COMMON COUNCIL Honorable Richard Fontana President Buffalo Common Council City Hall Buffalo, NY 14202 Re: Duties and Powers of the Common Council, including confirmation of BMHA commissioners. Hand Delivered and filed with City Clerk Dear President Fontana, Happy Easter and Dyngus Day! Although phone calls to the City Clerk and a member's office seeking verification of some of the following information were not returned, it has come to my attention through several reliable sources that Mayor Brown's most recent appointment to the Buffalo Municipal Housing Authority (BMHA) Board of Commissioners was not confirmed by the Buffalo Common Council in accordance with New York State statute. While I respect and admire both the mayor and former Deputy Mayor Donna Brown, this information, if indeed factual, could raise concerns as to the number of sitting mayoral- appointed BMHA commissioners who, likewise, have not been confirmed, thus calling into question the validity of their previous official acts. Possibly more important in terms of its far - reaching implications for representative governance, this apparent lack of adherence to state law raises issues as to whether the current and previous council leadership and membership are fully exercising their oversight responsibilities by utilizing the checks and balances built into the City Charter. This current situation is curious and troubling, especially in light of the fact that several members have been highly critical of and held open hearings regarding the widely - reported controversies surrounding BMHA and Marine Drive Apartments (MDA). Moreover, the council passed a resolution calling on the City Comptroller to audit the latter property The actuality that a commissioner or commissioners of the BMHA may have not been confirmed by the council coincides uncomfortably at a time of pending state legislation to change the composition of the board of commissioners. While such legislative proposals over the last few years have had some merit, I believe the council should have first done everything in its power to ensure that its existing powers and duties are fully implemented before asking for new authority. Moreover, this revelation regarding the council's failure to examine and confirm a BMHA board nominee, much less advise the mayor prior to the appointment, comes crucially at time we are awaiting the decision of Justice Siwek following a lawsuit initiated in State Supreme Court by the MDA Tenant's Association, which seeks to relieve BMHA of day -to -day operation of that complex. Due to the at -times corrosive political environment in the city, I feel compelled to state that I come to this issue with no preconceived agenda, other than that of a private citizen of Buffalo for the past four years, who previously served as an Assembly staff member and for eight years in elective office in another municipality. Not personally seeking any public recognition, as a student and advocate of good government my entire adult life, I would be remiss if I didn't share what I have learned over the years and what we all should know about the basic foundations of democratic, representative governance. Since the Fall of2011, 1 have kept publicly silent on the confirmation issue, sharing this concern primarily only with MDA tenant representative, Dr. William W. Dawson, Jr., PhD, who on October 2, 2011 forwarded to several common council members, BMHA Commissioner Joseph Maseia, the mayor's office, and Joseph Romanowski, an employee of the NYS Division of Homes and Community Renewal (DHCR), and others, the citation and language I provided for the applicable state statue. I wish to note here that these communications took place almost three months prior to Ms. Brown's appointment, further evincing the fact that raising these concerns has absolutely nothing to do with the personalities involved. Dr. Dawson informed me yesterday that he received no response to his October e-mail from anyone stating that his concerns were duly noted, much less that any action would be taken to rectify the matter. The articulate pleas of this intelligent, physically - disabled senior, albeit via e-mail message, were essentially ignored and /or dismissed by those whom he thought would be most receptive to his concerns. I find this lack of response and representation from people who have spoken forcefully against the status quo at BMHA both perplexing and inexcusable. Additionally, in the early fall of 2011 (prior to October 2) 1 attended, along with some residents of MDA, a meeting of the council Community Development Committee, which was chaired by Councilmember LoCurto. After then President Franczyk, who was present, passionately criticized the lack of responsiveness to his queries and requests of BMHA, and threatened to withhold city funding for the agency, I asked Chairman LoCurto to ask then Assistant Corporation Counsel Timothy Ball, who was also in attendance, to respond as to whether the Common Council could legally subpoena witnesses and documents from BMHA. The sum and substance of Mr. Balrs response, which was recorded on videotape, was that because BMHA is not a city agency, the council's authority to subpoena that agency is questionable. This did seem not correct based on my experience in local government, so when I exited the council chamber I proceeded immediately to the 8th Judicial District Law Library, where I found an opinion of the New York State Attorney General which supports my contention that the council had and has the authority to subpoena BMHA officers and documents. 1 later presented this information to Council member LoCurto, who assured me he trusted the advice of Mr. Ball, notwithstanding the fact that the latter reported to a mayoral appointee who himself was not confirmed by the council. Mr. LoCurto also spoke glowingly about the approximately three lawyers who were then part of the council central staff, and said he would pass the A.G. Opinion on to then Council President Franczyk, who incidentally has two lawyers on his Fillmore District staff. Yet, to this day, given all of the frustration vented both by citizens in the gallery, and by certain members on the floor, the council has not used its subpoena power to compel BMHA to produce documents or witnesses, either last year under Mr. Franczyk's working "majority," or this year under the new "majority..... Now, to the main purpose of this communication, on January 19, 2012, Mayor Byron W. Brown, pursuant to the powers vested in him by Subdivision 2, Section 30 of the Public Housing Law appointed Donna M. Brown to the board of BMHA, certifying her to the council as fully qualified to hold that post. On January 24, 2012, the Common Council "Received and Filed" this communication from the mayor. Research at the University at Buffalo's Law Library reveals that Chapter 913 of the Laws of the State of New York (1957) were amended by Chapter 576, See.1 of said laws in 1993 to require council confirmation of BMHA commissioners. We know that it takes Buffalo some time to adequately enforce even its own laws. However, given all of the lawyers who work for the city, BMHA, and council, it would be outrageous if this law has not been obeyed in the 19 years since it was amended. In Shephardizing the statute and examining the law's bill jacket, it is not only clear that confirmation of BMHA commissioners is required under law, but that the Legislature and governor intended this to be an effective check on unilateral mayoral power Since 1988, upon recognizing a need for a check and balance on a mayor (Jimmy Griffin) who by virtue of his appointment of five of the seven BMHA commissioners, bad total control over the appointment of its Executive Director, the relocation of tenants, and operations of BMHA, then Senator Anthony M. Maaiello and Members of the Assembly Sam Hoyt and Vincent Graber, as prime sponsors, attempted to amend Section 404 of Public Housing Law Finally, on July 2, 1993, A.5077/S.3081 was passed overwhelmingly (116 -30) in the Assembly and unanimously (59 -0) in the Senate. Of the agencies and officials who submitted letters to the Governor, Senator Masiello and Assemblyman Hoyt wrote urging the chief executive's signature. Seven agencies or officers, including the Attorney General, Secretary of State, and DHCR offered no objection or opinion on the measure. Predictably, and perhaps even disgracefully, given what the public now knows about BMHA's history, the only two entities to urge Governor Mario Cuomo's veto were Mayor Griffin and BMHA. Given the various players these early struggles to install a legitimate check on the mayor, it is apparent that this legislation and its need for enactment transcended political factions and personalities. Three individuals, who now or at one time served as mayor, have had some role in this issue. Hence, demanding the law's enforcement today should not be reduced to a power struggle of one partisan clique over another political club. Rather, it is the law of our State, and it must be respected as such, regardless of who benefits or losses politically. The very basis of our constitutional system of government, which honors the separation of powers doctrine, envisages legislatures that provide active and potent checks on executive decision - making. In the most effective governing bodies, the power to confirm implies the right to give "advice and consent" to certain prospective appointments, not merely ratify or "rubber stamp" after - the -fact executive choices. When legislatures have not been given the opportunity to advise prior to a nomination, they can and should thoroughly examine a nominee prior to confirmation. As many know, the city government consists of two political branches. Department heads and specific board appointees cannot be considered to represent and act for the entire body politic if only one branch of government is actively involved in their selection. If commissioners are to serve the entire city, they must be unreservedly responsive and accountable to the people's representatives (those who hold the purse strings and make the laws) in council assembled. And, no council member can truthfully hide behind "It's the mayor's department; I can't do anything about the problem" if he was part of a process that made clear the council's important role in setting fiscal and policy priories for the departments or agencies the commissioner - nominees seek to head. Therefore, I respectfully submit the following recommendations: 1. Direct the City Clerk to comb the council minutes for occasions of confirmation votes or lack thereof for sitting BMHA commissioners. 2. Inquire of the Corporation Counsel and council staff attorneys whether a failure to confirm a commissioner or commissioners would nullify their votes and actions already taken at BMHA meetings, and if so, which actions of the Board of Commissioners would be rendered null and void, thus requiring re- votes, if not adversely affecting policies currently in place. 3. Refer to the appropriate committee any mayoral- nominated BMHA commissioner who has not been confirmed by the council for a full, transparent, recorded or transcribed public hearing and questioning under oath by the committee. Nominees for any office coming before the council should be asked if they will provide the council in the future with the information and testimony the council requires to perform its oversight function, even if providing such candid testimony would not reflect positively on the administration. The committee should inquire on such matters as political patronage, contract letting, tenant relations, facility operations, asbestos removal, land use, and any other matter of concern to the council and the citizens of Buffalo. The committee's recommendation on the nomination, in accordance with council rules, would then go to the full body for further debate and a vote on each unconfirmed commissioner - nominee. 4. Adopt a resolution calling on the New York State Attorney General, Comptroller and Governor to inquire as to the reasons DHCR did /does not exercise oversight and observation in the selection of state authority commissioners that make decisions affecting MDA, which it is charged to oversee, and what role the state should be playing in overseeing this authority. 5. Press the City Comptroller to honor the council's earlier resolution calling on his office to conduct an audit of MDA. 6. Use the council's power to authorize the BMHA Board of Commissioners to negotiate a salary increase for the executive director as an opportunity to bring these officials before a relevant committee, at which time they can be questioned publicly by council members wishing to represent constituent concerns surrounding the agency, as outlined in No. 3, above. 7. Use the council's authority to appropriate funds, approve land use requests, and all other regulatory, administrative, and lawmaking power the council possesses to cause BMHA to be responsive to complaints and concerns of members, tenants, and the city as a whole. 8. Former Assemblyman Sam Hoyt had introduced a bill (later withdrawn) which would have allowed the council to appoint two members of the BMHA board. Senator Mark Grisanti, at my request, sponsored similar legislation in the form of S. 3133B. Though correct in concept, his proposal allows for only one council appointment Whereas the BMHA is a creature of the state, and as such is governed by state Public Housing Law and other statutes; and because recent events at the agency and its constituent properties have demonstrated the need for both city and state, executive and legislative, oversight, I believe these goals could best be accomplished by a board of commissioners selected as follows: One by the Mayor One by the Council President One by City Comptroller (These three to be confirmed by the Common Council) One by the Governor One by State Comptroller (These two to be confirmed by the State Senate) Two elected by the tenants of BMHA While these final two recommendations are not directly related to the present problem, they could serve to strengthen the council vis avis the executive branch: 1) Create through legislation or Charter amendment the office of Legislative Counsel, appointed by the Council, without mayoral approval, whom would serve, independent of the corporation counsel, as the common council's chief legal adviser and representative. 2) Amend the Charter to reduce the number of councilmanic districts to eight and restore the at -large position of council president, thus creating an office with a city -wide constituency, which can help balance the bully - pulpit enjoyed by mayors. President Fontana, after staff and members have performed their due diligence in evaluating the foregoing information and recommendations, please ask your colleagues to hold thoughtful and meaningful confirmation hearings for any BMHA commissioner not previously vetted and formally approved by the council. And kindly consider the accompanying proposals, which are bound to have the effect of creating a more broadly representative and accountable public authority, and greatly enhance the council's oversight capabilities. I am confident that the Common Council will give weight to this analysis, as I cannot imagine a scenario in which the body would refuse to exercise its legislative prerogatives and take beneficial measures on behalf of the people of Buffalo. REFERRED TO THE COMMITTEE ON LEGISLATION. NO. 48 J. TRONOLONE- CONCERNS 1049 ELMWOOD AVE Application for Restricted Use Permit- Ms. Lori Labonte 1049 Elmwood Avenue Proposed Addition - Louie's Texas Red Hots Dear Council Members: I am writing in regard to the above - referenced application to the Common Council for a Restricted Use Permit that is currently before the Council's Committee on Legislation. I jointly own the mixed -use retail /residential building located at 1055 Elmwood Avenue, immediately north of the site of the subject application. In addition, my business partner, Mark Corsi, owns and operates Poster Art in the ground floor of that building, which has become a mainstay business in the Elmwood Village. I was provided a copy for review of the site plan, floor /equipment plan, and exterior elevation drawings for the proposed project, prepared by Sutton Architecture for the applicant's proposed one -story, 755 - square -foot addition to the existing rooming house /apartment building at the property for a new Louie Texas Red Hots establishment. While I sincerely welcome the development and expansion of new businesses in the Elmwood Village that will further enhance the District's viability, I am writing to express some serious concerns both I and my business partner have on the subject proposal, as it is currently submitted. One of my primary concerns stems from the fact that the applicant's proposal significantly deviates from the Elmwood Village Design Standards, which were adopted in 2009 by the Common Council to become part of the City of Buffalo Zoning Ordinance under Chapter 511, Section 155. When these standards were first enacted, I was very pleased to see that the Council was taking steps to protect the significant investments made by us and others on Elmwood that resulted in it being designated by the American Planning Association as one of the nation's "Great Places ", by creating standards to ensure that future development will be of a proper scale and quality to further enhance the setting of the Elmwood Village for residents and visitors. I was equally pleased to see that our building appears to be the very model for the adopted standards -- requiring mixed -use buildings with ground floor retail uses and upper level residential uses - -all built at a proper scale, with proper materials, and having a suitable street - level transparency to encourage a lively, urbane setting. Specifically, Section 511 -155 (G.) (1.) (a.) of the Zoning Ordinance states, "New buildings shall maintain the predominant scale of other buildings in the Elmwood District," and that one -story buildings are considered inappropriate. Further, Section 511 -155 (G.) (2.) (e.) of the Ordinance states that materials such as concrete block may not be used on facades. The subject application is clearly not in compliance with the former and also likely the latter standard (based upon other Louie's establishments in the area that appear to be clad in finished concrete block). It is the proposed scale /height of the building - -which is proposed to be attached via a party wall to our building - -that is particularly concerning to us. Not only will the addition appear wedged into a very small site and "tacked" onto its own adjoining rooming house structure - -which will likely result in aesthetic impacts to the value of our property in the future - -the proposed positioning of various equipment and the nature of a typical Louie's operation will result in genuine negative effects to the use of our building today. These concerns span across a number of issues as follows: History of Property Maintenance. Although I realize that Ms. Labonte only recently acquired the existing rooming house building on the site, we have firsthand knowledge on the lack of proper maintenance at the property over the past 15 years we have owned the adjoining property, in fact, over the last two years we seriously considered acquiring the property to attempt to invest in its improvement to buffer us from the emerging effects of a number of deteriorating rental properties along our block. During this time, we actually invested in undertaking a condition assessment of the building. While I was a daily witness to the lack of exterior maintenance at the property, I was particularly struck by the number of improvements that would be necessary to bring the property into full code compliance, and determined that the asking price for the property could not be justified by this level of investment. I was recently informed that the applicant is in the process of applying for a City grant to assist in the addition and to help finance correcting these code violations. If it is indeed the case that public funds would be invested in the project, then strict compliance with adopted public design standards should be a basic prerequisite. Moreover, considering the quality of existing living units in the existing building (a combination of apartments and rented rooms without kitchen facilities), my bigger fear would be that the building of this addition for this particular use wilt actually even further detract from the desirability of the apartments /rooms there, beginning a cycle of decline into the future that will negatively affect our property. Potential Effects of Cooking Exhaust. In reviewing the equipment plan, the proposed cooking and service area will be directly adjacent the side wall of our building. I am very familiar with the standard equipment Used in such an operation, involving primarily a flat grill and deep frying units. Although the drawings do not indicate the location of venting for the required cooking hoods over this equipment, given the typical design of such facilities they would be most likely vented immediately above this area through the roof at the top of the first story of the addition. Such a design would directly expose our upper level tenants with grease odors, as well as patrons to Poster Art given the low level of the proposed addition. If the applicant adhered to the two -story requirement (and designed the upper story with appropriate "light wells" to allow light into apartment windows on the south side of our building), the hoods could be vented at the second -story level at a height above the roof level of our building, significantly reducing the potential of negative impacts. Lack of Indoor Seating /Table Service. In reviewing the floor plan, I was particularly concerned that the proposed restaurant does not appear to have any interior tables /seating, not even a service counter, as is typical at other Louie's establishments in the area. Seating appears to be limited to an outdoor seasonal patio and a single counter overlooking the front window (although no seating is shown at this counter). Thus, this proposal would be better characterized as a food "stand" as opposed to a full service restaurant (i.e., more akin to a takeout pizza shop with a pass- through counter). Such a new use -- particularly considering that key design standards would need to be waived and public assistance provided - -would not significantly add to the quality of the Elmwood setting. In addition, based upon the amount of maintenance required by us now to keep up with litter created by late -night take -out establishments already in the neighborhood, we do not relish having another one right at our doorstep. Methods of Dealing with Garbage and Sanitation. In addition to litter from patrons of the proposed establishment, I am seriously concerned with how garbage and overall sanitation are proposed to be dealt with at the property. As stated above, the site is particularly small in size and the site plan calls out no specific areas for garbage collection /storage. Take -out and fast food establishments are often notorious for having problems with dealing with garbage and rodent issues. The Council has taken great steps to adopt procedures citywide to address such issues; the applicant should present a clear and coherent plan on how - -and where - -waste will be managed on site. Potential for 24 -Hour Operations. Finally, based upon my knowledge of typical operations of Louie's establishments, I would have a serious concern if the business is intended to operate on a 24 -hour basis, as is the case with many Louie's locations in other parts of the City /region. Please don't misunderstand my concern - -I've actually been a regular patron of Louie's Texas Hots at various times in my life. However, I think that the Council- - as well as the community as whole - -has come to question the value of all -night operations of take -out restaurants as a haven for late -night patrons after a 4 AM closing time at our City's bars and nightclubs. Often fueled by too much alcohol, these types of establishments often become magnets for less- than - desirable behavior, noise, and traffic at a time that would be severely intrusive to our tenants and other residents in the area. All of us have sadly come to the realization that often "nothing good happens after 2 AM" at such places. I believe that the Council should give significant weight to such an issue in deciding on the proposal, given that is not an "as -of- right" use. In fact, in establishing the zoning regulation for eating establishments to apply for a Restricted Use approval by the Council in the Elmwood Business District, Section 522 -56 of the Zoning Ordinance specifically calls out a public issue of Elmwood being "...threatened by the overdevelopment and expansion of bars, taverns, restaurants, takeout food shops ". I sincerely hope that that the Common Council will take these issues into serious consideration in deliberating on this Restricted Use application I trust that you all will understand the importance of adhering to the standards adopted by the Council in 2009 to protect and enhance the quality of life along Elmwood both now and into the future. I'm sure you also know that improvements in business districts - -as well as decline - -tend to occur in many small, incremental steps progressively over time; either for the good or detriment to the community. Approval of projects that deviate from what the City adopted as the benchmark for what is desirable on Elmwood will indeed create impacts that will last for a generation or more. I would urge the Council to require the applicant to fully adhere to the standards established for Elmwood Village, as well as to sufficiently address the other concerns I've noted above. John M. Tronolone TRONCOR, Inc. RECEIVED AND FILED PETITIONS NO. 49 K. BRINKWORTH, OWNER, USE 727 ELMWOOD. FOR EXTENDING HOURS FOR REAR PATIO AND REQUESTING RECORDED MUSIC TO BE PLAYED WITH SPEAKERS OUTDOORS (HRG 4 /24)(DEL) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 60 M. CHRISTIANO, OWNER, USE 1416 HERTEL PLACE SIDEWALK CAFE W /AWNING IN FRONT OF EXISTING RESTAURANT (HRG 4 /24)(DEL) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 61 D. FORNESS, OWNER, USE 197 ALLEN FOR A BAR/SIT IN RESTAURANT AND SIDEWALK CAFE (HRG 4 /24)(ELL) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 62 R. BENDER, AGENT, USE 2200 ELMWOOD -ERECT SIGNAGE TO A SIT -IN RESTAURANT (NO HRG)(NORTH) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD REGULAR COMMITTEES CIVIL SERVICE (BONNIE E. RUSSELL, CHAIRPERSON) NO. 63 NOTICES OF APPOINTMENTS - TEMP /PROV /PERM CCP #29, 4/3 Mrs. Russell moved That the above item be the same and hereby is Received and Filed ADOPTED FINANCE (MICHAEL J. LOCURTO CHAIRMAN) NO. 64 D. PRIDGEN- CONSTITUENT SUPPORTS CITY AMBASSADOR CCP #29, 11/15 Mr. LoCurto moved That the above item be the same and hereby is Received and Filed ADOPTED NO. 55 D. PRIDGEN- PROPERTY TAX HARDSHIP ASSISTANCE PROGRAM CCP #32, 11/15 Mr. LoCurto moved That the above item be the same and hereby is Received and Filed ADOPTED NO. 56 D,- PRIDGEN -J. CAMPBELL - SUPPORT RESOLUTION FOR HR 1489 "RETURN TO PRUDENT BANKING ACT -OF 2011" CCP #43, 10/18 Mr. LoCurto moved That the above item be the same and hereby is Received and Filed ADOPTED NO. 57 OPENING GIFT SHOP TOURIST INFO CTR ON 25TH FLOOR OF CITY HALL (EXS RES)( #105, 7/20) CCP #76, 10/4 Mr. LoCurto moved That the above item be the same and hereby is Received and Filed ADOPTED NO. 58 J. PAJAK -DPW RESPONSE TO IMPLEMENTING A TREEBATE PROGRAM CCP #50, 7/12 Mr. LoCurto moved That the above item be the same and hereby is Received and Filed ADOPTED NO. 59 COB FUND - BALANCE POLICY(COMPT) CCP #8, 05/12 Mr. LoCurto moved That the above item be the same and hereby is Received and Filed ADOPTED NO. 60 FUND BALANCE POLICY(COMPT) CCP #14, 04/15 Mr. LoCurto moved That the above item be the same and hereby is Received and Filed ADOPTED COMMUNITY DEVELOPMENT (JOSEPH GOLOMBEK, JR., CHAIRMAN) NO. 61 PERMISSION TO DESIGNATE DEVELOPMENT — ST. JOHN'S COMMUNITY DEVELOPMENT (ELL)(STRAT PLAN - (COMM. NO. 6, C.C.P., APRIL 3, 2012) Mr. Golombek moved: That the above communication from the Office of Strategic dated April 3, 2012, be received and filed; and That the Common Council hereby designates St. Jon Community Development Corporation, 184 Goodell Street, Buffalo, New York 14204 as developer of fifty parcels and authorizes the Executive Director of the Office of Strategic Planning to prepare the necessary agreements for the development of the 50 parcels, and to forward to the Common Council for final approval agreements for transfer of title. PASSED AYES 8 NOES 0 NO. 62 DEDICATION OF A PARK AT 828 S. DIVISION STREET Mr. Golombek moved: That the above communication dated April 3, 2012, be received and filed; and That the Common Council has the authority under the New York State Municipal Home Rule Law § 10(%ii)(a)(6) to acquire, care for, manage and use its highways, roads, streets, avenues and property in ways which benefit the health, safety, welfare, peace and prosperity of its residents, and hereby dedicates the above - referenced parcel as City parkland; PASSED AYES -8 NOES -0 LEGISLATION (DARIUS G. PRIDGEN, CHAIRMAN) NO. 63 PRES BD -INFO REG 206 ALLEN - PRESERVATION BD VOTE ( #2, 4/3) Rev. Pridgen moved: That the above item be the same and hereby is Received and Filed ADOPTED NO. 64 FOOD STORE LICENSE (NEW) - 1069 BROADWAY (FILL)(EDPI) (COMM. NO. 16, C.C.P., APRIL 3, 2012) That the above item be, and the same hereby is returned to the Common Council without a recommendation. Mr. Pridgen moved: That the Commissioner of Permits and Inspections Services is hereby authorized to Deny a food store license at 1069 Broadway. DENIED NO. 65 FOOD STORE LICENSE (NEW) - 468 NIAGARA (ELL)(EDPI) (COMM. NO. 20 C.C.P., APRIL 3, 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 at 468 Niagara Street to Sartib Mahmoud d /b /a Quick Mart upon the following conditions: 1. No selling of loose items (cigarettes, cigars, diapers, etc.). 2. At least two working security cameras to be on site - One inside the store and one outside the building. 3. No painted signs on the buildings or in windows. 4. No cooking or selling of cooked items for sale. 5. No outdoor signage advertising tobacco, gambling (lottery) or alcohol. 6. Any violation of City ordinances for the above - listed conditions will result in the loss of food store license. PASSED AYES 8 NOES 0 NO. 66 RESTAURANT DANCE LICENSE (RENEWAL) - 1108 ELMWOOD (EDPI) (ITEM NO. 22, C.C.P., APRIL 3, 2012) Mr. Smith moved: That the above communication from the Commissioner of Permits and Inspections, dated April 3, 2012, be received and filed; and That the Commissioner of Permits and Inspections Services is hereby authorized pursuant to Chapter 150 of the City Code to issue a Restaurant Dance Class IV License to 1108 Elmwood, Robert Rabb d /b /a Mr. Goodbar upon the following conditions: 1. Notification to City Hail through available form when having a special event outside of the normal food service operation. Such events would include but not be limited to parties where larger than normal crowds are expected, night dances, events that require heightened vigilance, concerts, etc. 2. Licensee to provide immediate notification to Police Department when ejecting patrons due to unruly behavior. PASSED AYES 8 NOES 0 NO. 67 J. GOLOMBEK- ARTICLE -R. TERMINI: ARCHAIC RULE ON COMMUNITY COLLEGES (#43, 4/3) Rev. Pridgen moved: That the above item be the same and hereby is Received and Filed ADOPTED NO. 68 FREESTANDING SIGN - 2515 BAILEY (UNIV) (ITEM NO. 53, C.C.P., APRIL 3, 2012) Mr. Pridgen moved: That the above communication from the Department of Permit and Inspection Services dated April 3, 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. Fletcher, Agent, for a freestanding sign located at 2515 Bailey. PASSED AYES 8 NOES 0 NO. 69 ORDINANCE AMENDMENT - CHAPTER 263 LICENSES (RES. NO. 87, C.C.P., APRIL 3, 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 Chapter 263 of the Ordinances of the City of Buffalo be amended by adding Sections 269 -39 through 263 -40 as specified in the attached Ordinance Amendment. By: Mr. Golombek 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 §263 -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 CORPORATION COUNSEL Alan P. Gerstman Asst. Corporation Counsel PASSED AYES 8 NOE 0 NO. 70 PROPOSED AWNING - 206 ALLEN (FILL)(EDPI) (NO. 65, C.C.P., MARCH 20, 2012 Mr. Pridgen moved: That the above item be, and the same hereby is returned to the Common Council with a recommendation for approval; That after a public hearing that was held before the Committee on Legislation on April 10, 2012, the amended application of S. Tomaselli- Nugent, as owner, to install an awning to 206 Allen is hereby approved. PASSED AYES 8 NOES 0 NO. 71 REPORT OF SALE -521 BROADWAY(ELL)(STRAT PLAN) (COM #7, FEB. 21, 2012) Rev. Pridgen moved: That the above item be the same and hereby is Referred to the Committee on Community Development, ADOPTED NO. 72 LL INTRO #5 - AMENDING ARTICLE 24 OF THE CHARTER IN RELATION TO SALARIES OF ELECTED OFFICIALS ( #50, 12/27) Rev. Pridgen moved: That the above item be the same and hereby is Received and Filed ADOPTED NO. 73 R. JOHNSON, AGENT, USE 1240 DELAWARE -PLACE A GROUND SIGN (NO HRG)(DEL) ( #62, 1/24) Rev. Pridgen moved: That the above item be the same and hereby is Received and Flied ADOPTED NO. 74 D. SUTTON, AGENT, USE 1049 ELMWOOD TO ERECT ONE -STORY ADDITION TO AN EXISTING RESTAURANT (DEL) (ITEM NO. 68, C.C.P., MARCH 27, 2012) Mr. Pridgen moved: That the above item be, and the same hereby is returned to the Common Council with a recommendation for approval; That after a public hearing that was held before the Committee on Legislation on March 27, 2012, the application of D. Sutton, as agent, to erect an addition for take -out restaurant with an outdoor cafe at 1049 Elmwood within the Elmwood Avenue Business District is hereby approved upon the following conditions: 1. That the addition be two stories in accordance with the revised plans as approved by the Planning Board; 2. Close at 1:00 a.m. 3. Regular busing of outdoor tables. PASSED AYES 8 NOES 0 NO. 75 LODGING HOUSE LICENSE - 825 FILLMORE AVENUE (FILL)(EDPI) (COMM. NO. 35, C.C.P., FEBRUARY 21, 2012) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Pridgen moved: That pursuant to Chapter 269 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services be, and he hereby is authorized to grant a Lodging House License to Muhammad Sadruzzaman located at 825 Fillmore Avenue. PASSED AYES 8 NOES 0 NO. 76 LODGING HOUSE LICENSE - 850 SYCAMORE (FILL)(EDPI) (COMM. NO. 40, C.C.P., SEPTEMBER 6, 2011) That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Pridgen moved: That pursuant to Chapter 269 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services be, and he hereby is authorized to grant a Lodging House License to Karen Scherer located at 850 Sycamore. PASSED AYES 8 NOES 0 NO. 77 RESTAURANT DANCE CLASS IV - 67 W. CHIPPEWA - A/K /A BAYOU (ELL)(EDPI) (NO. 16, C.C.P., FEBRUARY 7, 2012) That the above item be, and the same hereby is returned to the Common Council with a recommendation for approval on the following conditions: Mr. Pridgen moved: That the Commissioner of Permits and Inspections Services is hereby authorized pursuant to Chapter 150 of the City Code to issue a Restaurant Dance Class IV License to 67 W. Chippewa, Adam West d /b /a Bayou upon the following conditions: 1. Notification to City Hall through available form when having a special event outside of the normal food service operation. Such events would include but not be limited to parties where larger than normal crowds are expected, night dances, events that require heightened vigilance, concerts, etc. 2. Licensee to provide immediate notification to Police Department when ejecting patrons due to unruly behavior. PASSED AYES 8 NOES 0 NO. 78 RESTAURANT DANCE CLASS IV - 67 W. CHIPPEWA - A/K /A BOTTOMS UP (ELL)(EDPI) (NO. 17, C.C.P., FEBRUARY 7, 2012) That the above item be, and the same hereby is returned to the Common Council with a recommendation for approval on the following conditions: Mr. Pridgen moved: That the Commissioner of Permits and Inspections Services is hereby authorized pursuant to Chapter 150 of the City Code to issue a Restaurant Dance Class IV License at 67 W. Chippewa to Kevin Nightengail /Bottoms Up V LLC d /b /a Bottoms Up upon the following conditions: 1. Notification to City Hall through available form when having a special event outside of the normal food service operation. Such events would include but not be limited to parties where larger than normal crowds are expected, night dances, events that require heightened vigilance, concerts, etc. 2. Licensee to provide immediate notification to Police Department when ejecting patrons due to unruly behavior. PASSED AYES 8 NOES 0 NO. 79 RESTAURANT DANCE CLASS IV - 199 DELAWARE (ELL)(EDPI) (NO. 18, C.C.P., FEBRUARY 7, 2012) That the above item be, and the same hereby is returned to the Common Council with a recommendation for approval on the following conditions: Mr. Pridgen moved: That the Commissioner of Permits and Inspections Services is hereby authorized pursuant to Chapter 150 of the City Code to issue a Restaurant Dance Class IV License at 199 Delaware Avenue to Christopher Wahl /Club W Inc., to upon the following conditions: Notification to City Hall through available form when having a special event outside of the normal food service operation. Such events would include but not be limited to parties where larger than normal crowds are expected, night dances, events that require heightened vigilance, concerts, etc. 2. Licensee to provide immediate notification to Police Department when ejecting patrons due to unruly behavior. PASSED AYES 8 NOES 0 NO. 80 RESTAURANT DANCE CLASS IV - 234 DELAWARE (ELL)(EDPI) (COMM. NO. 36, C.C.P., FEBRUARY 21, 2012) That the above item be, and the same hereby is returned to the Common Council with a recommendation for approval on the following conditions: Mr. Pridgen moved: That the Commissioner of Permits and Inspections Services is hereby authorized pursuant to Chapter 150 of the City Code to issue a Restaurant Dance Class IV License at 234 Delaware Avenue, to Kirk Kubiak d /b /a Big Bad Wolf upon the following conditions: Notification to City Hall through available form when having a special event outside of the normal food service operation. Such events would include but not be limited to parties where larger than normal crowds are expected, night dances, events that require heightened vigilance, concerts, etc. 2. Licensee to provide immediate notification to Police Department when ejecting patrons due to unruly behavior. PASSED AYES 8 NOES 0 NO. 81 RESTAURANT DANCE CLASS IV - 228 FRANKLIN (ELL)(EDPI) (COMM. NO. 24, C.C.P., MARCH 6, 2012) That the above item be, and the same hereby is returned to the Common Council with a recommendation for approval on the following conditions: Mr. Pridgen moved: That the Commissioner of Permits and Inspections Services is hereby authorized pursuant to Chapter 150 of the City Code to issue a Restaurant Dance Class IV License at 228 Franklin Street to Kevin Ricciardelli, d /b /a Social upon the following conditions: 1. Notification to City Hall through available form when having a special event outside of the normal food service operation. Such events would include but not be limited to parties where larger than normal crowds are expected, night dances, events that require heightened vigilance, concerts, etc. 2. Licensee to provide immediate notification to Police Department when ejecting patrons due to unruly behavior. PASSED AYES 8 NOES 0 NO. 82 M. LOCURTO -M. KEARNS -REQ UPDATE ON STATUS - GAMING FACILITY ( #66, 5/11) Mr. Pridgen moved that the above item be recommitted to the Committee on Legislation ADOPTED NO. 83 M. WHITE- DOWNTOWN ENTERTAINMENT REVIEW DISTRICT, ZR- 12 -17 8 ( #52, 4/3) Rev. Pridgen moved: That the above item be the same and hereby is Received and Filed ADOPTED RULES (RICHARD A. FONTANA, CHAIRPERSON) NO. 84 AMENDING CITY CHARTER/COUNCIL RULES MAKE PRESIDENT PRO - TOMPORE APPT BY COUNCIL PRESIDENT INSTEAD OF BEING ELECTED BY COUNCILMEMBERS Mr. Fontana moved That the above item be the same and hereby is Received and Filed ADOPTED CCP #128, 6/13 NO. 85 USE OF COLLEGE INTERNS WITHIN THE BFLO CC CENTRAL STAFF CCP #86. 12/08 Mr. Fontana moved That the above item be the same and hereby is Received and Filed ADOPTED RESOLUTIONS NO. 86 SPONSOR: MR. FONTANA WAIVER OF ROOM USAGE FEES FOR WILLETT ST BLOCK CLUB Whereas: The continued safety and cleanliness of the neighborhoods of the Lovejoy district depends on the care and concern of its residents; and Whereas: Block clubs exist as a means for residents to organize in order to address issues of concern and plan and execute improvements to their community; and Whereas: The Willett Street block club is a newly formed community group focused on the needs and concerns of the residents of Willet St and the immediate surrounding areas; and Whereas: Community centers such as the Peter J. Machnica Center exist as resources for the residents of the City of Buffalo to meet and take part in recreational activities; and Whereas: In order to aid in the maintenance of community center facilities, individuals who wish to use these facilities for private clubs or groups may be required to pay usage fees; and The Willett St. block club is a public group whose members donate their time and personal resources for the good of the community. Now, Therefore, Be It Resolved: That the Common Council shall grant a waiver of Machnica Center room usage fees to the Willet St block club for 2012, so that they may to serve the Kaisertown community. ADOPTED NO. 87 SPONSOR: DAVID A. FRANCZYK MARRIAGE OFFICER APPOINTMENT Whereas: Pursuant to the New York State Domestic Relations Law, Article 3- Section 11 -C which allows a governing body the right to appoint one or more marriage officers who shall have the authority to solemnize marriages. The term of office of a marriage officer shall be determined by the governing body which makes the appointment; and Whereas: This Council Member requests that Michael P. Kearns be appointed to the position of Marriage Officer; and Whereas: Mr. Michael P. Kearns appointment shall be limited to July 29, 2012; and Now, Therefore, Be It Resolved: That the City of Buffalo Common Council grants permission to Michael P. Kearns to be appointed as a Marriage Officer for the clay of July 29, 2012, pursuant to the Domestic Relations Law of New York State. ADOPTED NO. 88 BY: MR. LOCURTO AND MR. SMITH HOME RULE MESSAGE REQUESTING THAT THE NEW YORK STATE LEGISLATURE PASS ASSEMBLY BILL A612 -A AND SENATE BILL $2353 -A, "AN ACT TO AMEND THE VEHICLE AND TRAFFIC LAW, IN RELATION TO DIRECTING THE CITY OF BUFFALO TO ADJUDICATE TRAFFIC INFRACTIONS" WHEREAS: Bill A612 -A has been introduced in the New York State Assembly and Bill S2353 -A has been introduced in the New York State Senate; and WHEREAS: These companion Bills, "An Act to Amend the Vehicle and Traffic Law, in Relation to Directing the City of Buffalo to Adjudicate Traffic Infractions, "would direct the City of Buffalo to adjudicate traffic infractions, which are presently adjudicated by the New York State Department of Motor Vehicles; and WHEREAS: Such authorization would have several positive benefits m the people of the City of Buffalo, including permitting all traffic related violations to be adjudicated in a single, convenient location; and WHEREAS: In addition, enactment of this legislation would benefit the people of the City of Buffalo by providing the City with an opportunity to implement a system that would allow traffic violators to have the option of a plea bargain. Currently, New York State holds all hearings in Buffalo without the option of a plea bargain, and so violators are not provided with the option of attending traffic school to become safer drivers and reduce or avoid receiving points on their license that can lead to more costly auto insurance rates; and WHEREAS: Such authorization would also benefit the City of Buffalo by allowing the City to participate in and receive traffic infraction revenue; and WHEREAS: Enactment of this legislation would place the City of Buffalo on equal footing with other cities and towns in New York State with respect to the adjudication of traffic infractions; and WHEREAS: The City of Buffalo does not have the power to enact such legislation on its Own by local law; and WHEREAS: In the past, this Honorable Body has adopted several Home Rule Resolutions in support of virtually identical legislation. NOW THEREORE BE IT RESOLVED: That, pursuant to Article IX of the New York State Constitution, the City of Buffalo requests the enactment of New York State Assembly Bill A612 -A and Senate Bill $2353 -A, "An Act to Amend the Vehicle and Traffic Law, in Relation to Directing the City of Buffalo to Adjudicate Traffic Infractions ;" and BE IT FURTHER RESOLVED: That is hereby declared that a necessity exists for the enactment of such legislation, and that the facts establishing such necessity are that the City of Buffalo does not have the power to enact such legislation by local law; and BE IT FINALLY RESOLVED: That the City Clerk is hereby directed to forward ten (10) copies of this resolution and ten (10) completed copies of a completed Home Rule Request Form to the New York State Legislature as follow: Four (4) copies of this Resolution and four (4) completed copies of the Home Rule Request Form, to the New York State Assembly Home Rule Counsel, at Assembly Post Office, 210 Legislative Office Building, Albany, NY 12248; Four (4) copies of this Resolution and four (4) completed copies of the Home Rule Request Form. to the New York State Senate Home Rule Counsel, at Senate Post Office, 208 Legislative Office Building, Albany, NY 12247; one (1) copy of this Resolution and one (1) completed copy of the Home Rule Request Form, to Assemblymember Crystal D. Peoples, 619 Legislative Office Building, Albany, NY 12248; and one (1) copy of this Resolution and one (1) completed copy of the Rule Request Form, to Senator Mark Grisanti, 902 Legislative Office Building, Albany, NY 12247. ADOPTED NO. 89 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: 10102001 - 412002 Common Council- Legislative Hourly $40,048 To: 10220006 - 434000 Common Council - Other Contractual Services $40,048 PASSED AYES 8 NOE 0 NO. 90 BY: COUNCIL MEMBER DARIUS G. PRIDGEN MEDICAL CORRIDOR RESIDENT ADVISORY COMMITTEE Whereas: In the past ten years, major expansions of Kaleida Health and Roswell Park Cancer Institute with greater plans with the University of Buffalo, have created a medical corridor in a community which has endured some of the greatest economic hardships that the City of Buffalo has faced; and Whereas: The property values of the community are dramatically increasing in value due to the development of the medical corridor and the new opportunities for businesses to take hold; and Whereas: Residents have voiced concerns of inconsistent information coming from developers' plans for their community as well as having no input into the actual development; and Whereas: During a Common Council Community Development meeting held on April 10, 2012, Rev. Michael Chapman, representing St. John Community Development Corporation, suggested creating a Resident Advisory Panel to evaluate perspective tenants of a new townhouse project in the Fruit Belt area. Now Therefore Be It Resolved; That a Resident Advisory Panel consisting of volunteers be created to function as a liaison between the developers, residents and the Ellicott District Council Member; and Be It Further Resolved; That the members of the Resident Advisory Panel be elected annually from each street within the region bounded by Best Street, Main Street, Cherry Street, and Jefferson Avenue; and Be It Finally Resolved; That the Ellicott District will hold annual elections and if a street fails to elect a volunteer, the Council Member will appoint a resident of such street. ADOPTED NO. 91 SPONSORED BY: DARIUS G. PRIDGEN NEW COUNCIL MEMBER ORIENTATION PROCESS WHEREAS, In an effort to familiarize new Council Members and their staff with the duties and responsibilities associated with a Common Council District, a formal orientation process will be conducted by the Common Council Majority Leaders to all newly seated Council Members and respective staff; and WHEREAS, The orientation process for all newly seated Council Members and staff will begin no later than seven (7) business days of being sworn into office; and WHEREAS, Orientation will include, but not limited to the following items: > Briefing from Council President and the City Clerk > Council Procedures and Rules > Council Structure > Legal Issues > Discretionary Spending > 311 System > MIS Briefing > Council Staff and City Clerk's Office Functions > Human Resource Information NOW, THEREFORE, BE IT RESOLVED, that an amendment be included in the Common Council Rules of Order to include the formal orientation process for each newly seated Council Members and staff; and BE IT FURTHER RESOLVED, that the Common Council Chief of Staff and City Clerk prepare an orientation manual to be distributed to all newly seated Council Members and respective staff members; and BE IT FINALLY RESOLVED, that copies of this resolution be sent to the Law Department, City Clerk. and Common Council Chief of Staff ADOPTED NO. 92 BY: MR. RIVERA WAIVE TOTE FEES FOR FAMILY FISHING DAY Whereas: Family Fishing Day started out in 2008 as a way to teach kids about fishing; and Whereas: Sponsored by the Buffalo United Front, Family Fishing Day has grown from the 50 attendees in 2008. This year over 800 participants are expected to attend the event, which features fishing, games and a picnic,; and Whereas: The mission of the Buffalo United Front is to reduce incidences of youth violence while giving them exposure to positive experiences in our community; and Whereas: Family Fishing Day will take place on June 23 and June 24, 2012 at Broderick Park; and Whereas: The Buffalo United Front has requested waiver of the fee for 10 garbage totes from the City of Buffalo; Now, Therefore Be It Resolved: That the Common Council hereby directs the Department Public Works, Parks and Street to waive all tote fees for Family Fishing Day at Broderick Park on June 23 and 24, 2012; and Be It Further Resolved: That the City Clerk is directed to send certified copies of this resolution to the Department of Public Works, Parks and Streets and to the Buffalo United Front. PASSED AYES 8 NOES 0 BY: MS. RUSSELL NO. 93 BUDGET AND PERSONNEL AMENDMENT 04- AUDIT & CONTROL 1041 -COMPTROLLER The Common Council of the City Of Buffalo does ordain as follows: That part of Section 1 of Chapter 35 of the Code of the City of Buffalo, relating to 04 - Audit & Control, 1041 - Comptroller, which currently reads: 1 Executive Assistant to the Comptroller $ 77,664 1 Special Assistant to the Comptroller $ 63,676 Is hereby amended to read: 1 Executive Assistant to the Comptroller $ 63,676 1 Special Assistant to the Comptroller $ 60,000 It is hereby certified, pursuant to Section 3 -19 of the Charter, that the immediate passage of the foregoing ordinance is necessary. IT IS HEREBY CERTIFIED, that a personnel requisition incident to the creation of the above - mentioned position, containing a statement of the duties for such position, has been filed with the Municipal Civil Service Commission, and said Commission has approved and certified the position title set forth in the foregoing ordinance as being the appropriate Civil Service title for the proposed position BYRON W. BROWN, MAYOR, MARK J.F. SCHROEDER, COMPTROLLER AND DONNA J. ESTRICH, DIRECTOR OF BUDGET. ADMINISTRATION AND FINANCE, hereby certify that the above change is necessary for the proper conduct, administration and performance of essential services of that department. We recommend that the compensation for said position be fixed at the respective amount set forth in the foregoing ordinance. We, Byron W. Brown, Mayor and Mark J.F. Schroeder, Comptroller, pursuant of Section 24 -15 of the Charter of the City of Buffalo hereby certify that contingent upon prior or concurrent action to provide and authorize funding thereof, the interests of the City will be subserved by the increase in compensation provided for the position set forth in the foregoing ordinance. PASSED AYES 8 NOES 0 NO. 94 APPOINT SOUTH DISTRICT COUNCILMEMBER Whereas: Section 3 of the Charter of the City of Buffalo authorizes the Common Council to fill a vacancy in the office of District Councilmember by appointment of a qualified resident of the same political party and district as the district Councilmember whose place is vacant; and Whereas: A vacancy exists in the office of South District Councilmember; and Whereas: qualified candidates shall be interviewed by the Common Council during a special session in pursuant to Section 3.9 of the Charter of the City of Buffalo upon the written request of five Councilmembers. Now. Therefore, Be It Resolved That: The Common Council of the City of Buffalo appoints to the South District Councilmember seat. to the South District Councilmember seat. REFERRED TO THE COMMITTEE ON LEGISLATION. BY: DEMONE A SMITH NO. 96 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: • Joel Feroleto • Theresa Neish TOTAL:2 ADOPTED NO. 96 ANNOUNCEMENT OF COMMITTEE MEETINGS The following meetings are scheduled. All meetings are held in the Common Council Chambers, 13 floor City Hall, Buffalo, New York, unless otherwise noted. Regular Committees Committee on Civil Service Tuesday, April 24, 2012 at 9:45 o'clock A.M. Committee on Finance Tuesday, April 24. 2012 at 10:00 o'clock A.M. following Civil Service Committee on Comm. Dev. Tuesday, April 24, 2012 at 1:00 o'clock P.M. Committee on Legislation Tuesday, April 24. 2012 at 2:00 o'clock P.M. Special Committees (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. On a motion by Mr. Fontana, Seconded by Mr GERALD CHWALINSKI CITY CLERK April 17, 2012 NO. 97 ADJOURNMENT Pridgen the Council adjourned at 2:40 P.M.