The URL can be used to link to this page

Home My WebLink About12-0515 (2)NO. 10 PROCEEDINGS OF THE CITY OF BUFFALO MAY 15, 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 INVOCATION PLEDGE TO FLAG DATE May 15, 2012 **FINAL** MAYOR 1. COB Four Year Financial Plan- 2012 -13 to 2015 -16 BUDGET MAYOR - EXECUTIVE 2. Arts Comm - Cultural Funding Recommendations 2012 -2013 BUDGET 3. Cit Serv- Submission of Monthly Report -April 2012 R &F 4. Plan Bd -SEQR Negative Declaration 1049 Elmwood(Del) R &F 5. Plan Bd -SEQR Negative Declaration 10 Lafayette Sq(Ell) R &F 6. Plan Bd- SEQR Negative Declaration 145,325,327 Maple, 167,169,173 Carlton, 114,118,132,136,138, 276,280,282,284,279,283,289,291 Mulberry, 53,55, Locust, 79,83,179,181, 243, 245,249,251,255,257,273,277,281 Lemon, 48, 52,54 Rose, 75,79,83,150,158 Peach, 62,64,66,68,76,80,82,84 Grape(Ell)_R &F 7. Strat Plan- DePaul Properties, Inc - Riverside Housing Development -Pilot Agmt_APP 8. Strat Plan- Request to Authorize Mayor to Enter Into Consortium Agmt Making Sustainability Work in Bflo Niagara Sustainable Communities Grant Consortium APP 9. Strat Plan- Report of Sale -283 Winslow(Ell) CD 10. Strat Plan- Utility Easement Agmt- Niagara Mohawk Use of School# 61(Mas)_APP COMPTROLLER 11- 10A. Comptroller's Budget Response 2012 -2013 BUDGET 12- 10B Certificate of Necessity- Common Council R &F 13- 11. Appoint Executive Asst to Comptroller(Exempt)(Curry) R &F 14- 12. Appoint Special Asst to Comptroller(Exempt)(Waldron) R &F PUBLIC WORKS Permission to Accept Funds From NYS CHIPS 15- 13. Notification Serials-# 1063 4-3 5 (Waive 45 Days) R &F 16- 14. Bflo Sabres Donation of Contractor's Services & Materials POT.TC',F 28- 26. Drug Asset Forfeiture Wire Transfers R &F PERMITS AND INSPECTIONS 29- 27. Applications for Restricted Use Permits -75 W. Chippewa(Ell) APP 5/27 REM TO LEG 30- 28. Downtown Special Vending District Amendment Request CD COMMUNITY SERVICES 31- 29. Appoint Director of Recreational Programming(Exempt)(Trent) CS SEWER AUTHORITY 32- 30. Combined Sewer Overflow Long Term Control Plan -2012 CD BUFFALO MUNICIPAL HOUSING AUTHORITY 33- 31. Response Concerning Maintenance of Marine Drive Apts R &F CITY CLERK 34- 32. Liquor License Applications R &F Wharf Area for Landscaping & Improvements APP 17- 15. Change in Contract -City Hall Fire Detection Alarm Systems(Ell) APP 18- 16. Change in Contract - Ellicott St Phase 1(Ell) APP 19- 17. Change in Contract - Historical Society Renovation Electrical(North) APP 20- 18. Permission to Accept Funds From NYS CHIPS APP 21- 19. Permission to Hire Consultant -North Bflo Ice Rink(Del) APP 22- 20. Permission to Reduce Retention -Back up Power for High Service Pumps APP 23- 21. Report of Bids - City -Wide Mill & Overlay APP 24- 22. Report of Bids - Kleinhans Music Hall- Masonry Wall Reconstruction(Niagara)-APP 25- 23. Report of Bids - Replacement of Streetlights Richmond Ave APP 26- 24. Report of Bids -Water Main Replacement- Various(South) APP 27- 25. Report of Emergency Bid -Fire Engine 34- Asbestos Abatement(Univ) APP POT.TC',F 28- 26. Drug Asset Forfeiture Wire Transfers R &F PERMITS AND INSPECTIONS 29- 27. Applications for Restricted Use Permits -75 W. Chippewa(Ell) APP 5/27 REM TO LEG 30- 28. Downtown Special Vending District Amendment Request CD COMMUNITY SERVICES 31- 29. Appoint Director of Recreational Programming(Exempt)(Trent) CS SEWER AUTHORITY 32- 30. Combined Sewer Overflow Long Term Control Plan -2012 CD BUFFALO MUNICIPAL HOUSING AUTHORITY 33- 31. Response Concerning Maintenance of Marine Drive Apts R &F CITY CLERK 34- 32. Liquor License Applications R &F 35- 33. Leaves of Absence R &F 36- 34. Reports of Attendance R &F 37- 35. Notices of Appointment - Seasonal R &F MISCELLANEOUS 38- 36. J. Creahan- Application for Consideration for South District Council Seat COW 39- 37. K, Lafferty- Application for Consideration for South District Council Seat COW 40- 38. T. Sullivan- Application for Consideration for South District Council Seat COW 41- 39. C. Scanlon- Application for Consideration for South District Council Seat COW 42- 40. C. Taylor- Application for Consideration for South District Council Seat COW 43- 41. F. Badaszewski- Application for Consideration for South District Council Seat 44- 42. Bflo Water Bd- Project Quarterly Report R &F 45- 43. LP Ciminelli -Board Packet Documents May 2012 ED 46- 44. M. DiPasquale -Info for 175 Fuhrmann Blvd Building Renovations R &F 47- 45. J. Golombek - Articles Concerning Tow Trucks LEG 48- 45A. J. Golombek- Legislative Bill Drafting Commission R &F 49- 46. T. Kniazuk- Proposal for 2012 -2013 Cultural Funding BUDGET 50- 47. NYSDEC - Brownfield Cleanup Program -132 Dingens R &F 51- 48. D. Pridgen - Article Fulton County, GA, Hires Multiple Collection Agencies R &F 52- 49. D. Pridgen -P. Arnold -The 2012 Active Veteran's Parade CD 53- 50. D. Smith- Cities Using Deposits to Gain Leverage Over Banks FIN 54- 51. D. Smith -Is Education a Civil Right ED 55- 51A. D. Smith-BF SA Supplementary Information- General Fund FIN PETITIONS 56- 52. M. Luchkevyeh, Agent, Use 149 Elmwood to Create a Sit in Restaurant(hrg 5 /22)(Fill) LEG,CPBD 57- 53. T. Tielman & O- Support for Trico Landmark LEG RESOLUTIONS 95- 54. Fontana Waiver of Fees -Weiss St Block Club Room & Rental Fees Machnica CC APP 96- 55. Franczyk Name Park at S. Division and Lord St. "Tyler Likos Memorial Park" ADOPT 2" RES REM TO CD 97- 56. Franczyk The 14 Annual Allen West Festival ADOPT 98- 56AA. Golombek Ordinance Amend- Aeronautic Activities LEG 99- 56AB Golombek,etc COB to Play Lead Role in Outer Harbor Dev Efforts & NFTA Should Transfer Land to COB ADOPT 100- 56A. Golombek Grant Permission for Bflo Citybration to Hang Banner on Elmwood APP 101- 56B. LoCurto Appoint Marriage Officer(Celniker) ADOPT 102- 56C LoCurto Transfer in Funds - Common Council APP 103- 57. LoCurto, etc Permission to Hang Pride Flags on Elmwood for Annual Festival_ APP 104- 58. Pridgen Absentee Building Owners -500 Block of Main St ADOPT RES,REM LEG 105- 59. Pridgen,etc Amend Chicken License Legislation ADOPT 106- 60. Pridgen Drug and Gun -Free Zone -The Belle Center ADOPT 107- 60A Pridgen Update on Saint Ann's Church and Shrine ADOPT RES' S REM TO CD 108- 61. Pridgen Request to Amend City Charter, Ch 194 Food Stores ADOPT 109- 61A. Rivera Banner for Hellenic Orthodox Church Centennial Celebration 110- 62. Smith Felicitations in Memoriam ADOPT 111- 63. Smith Comm of Deeds Public Duties ADOPT 112- 64. Smith Comm of Deeds ADOPT TABLE ITEMS - - - - -- Waterfront Neighborhood Community Development Agreement (ccp #3, 8/14/2010) SUBMISSION LIST OF COMMITTEE ITEMS FOR THE COUNCIL MEETINGS CIVIL SERVICE May 1 M. DiPasquale, Agent, Use 175 Fuhrmann Blvd for Renovations to a 1 Story 58- 1. Com 1 May 1 Appointment BMHA Bd of Comm(Brown)(Mayor) APP 59- 2. Com 30 May 1 Appoint Laborer II(Perm)(Max)(Brown)(PW) APP 60- 3. Com 33 May 1 Appoint Police Captains(Perm)(Stabler, Scott)(Pol) APP 61- 4. Com 34 May 1 Appoint Police Captain (Cont Perm)(Roberts)(Pol) APP 62- 5. Com 35 May 1 Appoint Police Detectives(Perm)(Strobele, Serafini, Glendinning, Adams, ADOPT 79- 22. Res 109 May 1 Krug, Paul, Perrin(Pol) APP 63- 6. Com 36 May 1 Appoint Police Lieutenants(Perm)(Sheridan, Phillips, Jones, Young, Whelen, May 1 HRM -Req NYS Pass An Act to Amend Public Health Law and the Mental Rinaldo, McHugh, Watkins M., Alberti, Delong, Watkins I., Cleply(Pol) APP 64- 7. Com 37 May 1 Appoint Police Lieutenants(Cont Perm)(Moran, Lark, Kelly, McLean, Education For Doctor, Nurses and Pharmacists ADOPT Labedz, Dowell(Pol) APP 65- 8. No 33 Apr 17 T. Barrett- Concerns Reg. Bflo Fire Dept Promotion R &F 66- 9. Com 25 Apr 3 Revised Wage for Exempt Executive Director(BMHA) APP FINANCE R. Taczkowski- Concerns Duties & Powers of the Common Council R &F 85- 28. No 44 67- 10. Com 7 Apr 17 2011 -2012 Second Quarter Gap Sheets Report(Compt) R &F 68- 11. Com 19 Sept 7 Compensation & Benefits Audit Update(Compt) R &F 69- 12. Res 105 July 26 Charging of Foreclosure Fees in Excess of Amounts Owed R &F 70- 13. No 45 Oct 4 Baird - Reforming Bflo's Tax Foreclosure Process R &F COMMUNITY DEVELOPMENT R &F 71- 14. Com 5 May 1 Report of Sale 64 N. Parade (Mas)(Strat Plan) R &F 72- 15. Com 9 May 1 Seventh Day Church of Outreach Ministries, Inc -Use of Vacant Lots 50 Delaware(Ell) R &F 92- 35. Com 33 (Mas)(Strat Plan) R &F 73- 16. No 55 May 1 M. Poloncarz- Proposed Construction of New Academic Bldg ECC R &F LEGISLATION 74- 17. No 62 May 1 M. DiPasquale, Agent, Use 175 Fuhrmann Blvd for Renovations to a 1 Story Bldg(hrg 5 /8)(South) APP 75- 18. No 63 May 1 L. Nelson, Owner, Use 19 Wadsworth to Alter Use 1S Floor Tavern, 2nd Floor Two Apartments(hrg 5 /8)(Fill) APP 76- 19. Com 41 May 1 Food Store License (New) -778 Tonawanda(North) RECOMMIT 77- 20. No 56 May 1 D. Pridgen- Various Deli Stores to be Investigated R &F 78- 21. Res 108 May 1 HRM -Req NYS Pass An Act to Amend Public Health Law Req Pharmacists and Practitioners to Check Registry Before Prescribing Analgesics ADOPT 79- 22. Res 109 May 1 HRM -Req NYS Pass An Act to Amend Public Safety Law to Create On Line Real Time Controlled Substance Reporting System ADOPT 80- 23. Res 110 May 1 HRM -Req NYS Pass An Act to Amend Public Health Law and the Mental Hygiene Law Req Disclosure of Add Risks for Certain Prescription Drugs 81- 24. Res 111 May 1 HRM -Req NYS Pass An Act to Amend Education Law to Continue Medical Education For Doctor, Nurses and Pharmacists ADOPT 82- 25. Res 112 May 1 HRM -Req NYS Pass An Act to Amend Public Health Law Creating Medicinal Guidelines to Aid in Administering Prescription Drugs ADOPT 83- 26. Com 21 Apr 17 Food Store License Renewals Expiring 04 /01 /2012(EDPI) R &F 84- 27. No 47 Apr 17 R. Taczkowski- Concerns Duties & Powers of the Common Council R &F 85- 28. No 44 Apr 3 J. Golombek- Opposition to Elimination of the 463 Riverside Express BusR &F 86- 29. No 54 Apr 3 L. Domiano & O- Petition to Reinstate Route 63 Bus R &F 87- 30. No 63 Mar 20 M. Taber - Clinton Bailey CC Request to Speak at Next Leg Comm Mtg R &F 88- 31. Res 104 Mar 20 Strengthen Emergency Services Board ADOPT RES 89- 32. No 39 Feb 7 D. Pridgen - Feasibility of Limiting Parking in Front of the Court To Handicapped and Official Vehicles During Business Hours R &F 90- 33. No 45 Jan 24 R. Fontana - Opening Right- Vertical Greenhouse R &F 91- 34. No 51 Nov 1 D. Pridgen - Complaint Re Bail Bondsmen Conducting Business in Front of 50 Delaware(Ell) R &F 92- 35. Com 33 April 5 Resolution- Security in City Hall(Bd Ed) R &F 93- 36. No 58 Mar 22 J. Golombek -N. Kensy - Citywide Emerg Notif Through Email and Texting_R &F 94- 37. No 121 July 21 Requirement of City Ord in Rental and Lease Agreements ADOPT CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO TUESDAY, MAY 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 May 1, 2012 were approved. FROM THE MAYOR NO. 1 COB FOUR YEAR FINANCIAL PLAN 2012 -13 TO 2016 -16 Copy available for review in the City Clerk's Office REFERRED TO THE SPECIAL COMMITTEE ON BUDGET FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE BUFFALO ARTS COMMISSION NO. 2 ARTS COMM - CULTURAL FUNDING RECOMMENDATIONS 2012 -2013 Dear Mayor Brown, Honorable Members of the Common Council and Commissioner Penksa: The Buffalo Arts Commission ( "Commission ") herewith submits funding recommendations for City fiscal year 2012 -2013. The Commission transmits these recommendations to the Administration and the Common Council pursuant to the City Code in place of the inactivated Arts and Cultural Funding Advisory Committee ( "Committee "). We respectfully recommend funding for the city's over 50 cultural organizations in the amount of $200,000.00. These funds are to be distributed by the Commission through an application process similar to what was done in tile past by the Committee, and with approval by the Administration and the Common Council. We know that the City's budget requires the approval of the Buffalo Fiscal Stability Authority. We recognize the financial challenges facing the City; however, we make these recommendations based on the City's support in previous years (the City's contribution to Give for Greatness in 2011 -2012 was the first such commitment to the arts since 2001 !) and in light of the serious cuts experienced by tile cultural groups in the past. As the City gains financial stability, we recognize the responsibility to share this stability with our arts and cultural organizations. Although the City Code allows funding for grant -in -aid to approved agencies of up to three (3 %) percent of the approved tax levy for the fiscal year in effect at the time of the newly adopted budget, our appropriation for the culturals alone is no more than five - tenths of one (.5 %) percent! In recognition of the contributions made by the arts organizations to building a better Buffalo, we urge you to honor our recommendation. We request the City provide an operating budget for Commission in the amount of $20,000. This City office has operated without the benefit of operational funds that would enhance services given to our cultural community. We believe these funds are necessary in order to continue the high level of service to Buffalo's cultural community including for updating the inventory/catalog of the city's collection of public art and therefore ask the City to support this request. Considering the economic impact the arts have on tile well being of our city, we urge you to honor our funding request. We welcome tile opportunity to discuss these recommendations with the Mayor, the Common Council, the Commissioner or anyone you might so designate. Very truly yours, Catherine Gillespie. Chair Buffalo Arts Commission Buffalo Arts Commission REFERRED TO THE SPECIAL COMMITTEE ON BUDGET FROM THE OFFICE OF CITIZEN SERVICES NO. 3 SUBMISSION OF MONTHLY REPORT- APRIL 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 April 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.4 PLAN BD -SEQR NEGATIVE DECLARATION 1049 ELMWOOD (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 Environment 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 Louis Texas Hots Location: 1049 Elmwood Avenue Type of Action: Uncoordinated - Unlisted Description: Sutton Architecture or behalf of Louis Texas Hots is proposing a building addition on the property located at 1049 Elmwood Avenue Buffalo New York. The new addition will be 755 Square feet and will be uses as a takeout restaurant that will not nave tables on the inside of the restaurant LOUIS Texas Hots will have an outside patio that will have approximately eight tables seating sixteen individuals. Work will include two porch areas on the second floor that will be used by the tenants living above the restaurant. The two story building will have a brick veneer finish new aluminum entry doors with the Elmwood elevation entry having a transom winnow. Wall mounted decorative light fixtures will be located on the front elevation as well as an awning with a cable support system. The patio that is entirely on the property will have a decorative aluminum wrought iron style railing. It is expected that all signage will meet the Elmwood Village Zoning Guidelines. The building currently on this site will continue to be uses as apartments. All restaurant activity will he in the new addition and not encroach into the residential portion of the existing building. The project is privately funded. As a result of this Environmental Review the Lead Agency has determined the undertaking of this action will not have a significant adverse affect on the quality of the environment. No further environmental review of this action will be conducted prior to project implementation and a Draft Environmental Impact Statement will not be prepared Reasons Supporting This Determination: The facts and reasons for this decision are as follows: The project will provide a new and unique take out restaurant in the Elmwood Village that will add to the diversity of the many business's located in the area giving more individuals and families a reason to walk/bike Elmwood Avenue 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. Marty Grunzweig, Land Use Controls Coordinator. Room 901 City Hall Buffalo New York 14202- 716 851 -5085 RECEIVED AND FILED NO. 5 PLAN BD -SEQR NEGATIVE DECLARATION 10 LAFAYETTE SQ(ELL) 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 Tishman Building Renovation Location: 10 Lafayette Square Type of Action: Coordinated - Type I Description: Carmina Woods Morris Architects on behalf of the Hamister Group is proposing to rehabilitate the Tishman building located on the property at 10 Lafayette Square Buffalo New York. The project involves the historic preservation and reconstruction of the existing Tishman Building. The buildings most recent use was the corporate headquarters of National Fuel Gas. The twenty story modern building designed in the "International Style" by Emery Roth & Sons of New York City was placed on the New York Register of Historic Places as well as being nominated to the National Register of Historic Places on December 21, 2011. The reconstruction and preservation will include the complete renovation of this building. Most of the work will be to the interior of the structure with me exterior remaining intact. Plaza improvements will include a customer vehicle pull off area, port'e cochere and valet parking for the guests of the hotel and the Hamister Group visitors. Landscaping will be added as well as pedestrian friendly amenities. The planned use of the building will include a 123 room Hilton Garden Hotel with a restaurant, fitness center and bar. Also 15 -18 Market Rate rental apartments as well as the corporate offices for the Hamister Group will fill the upper floors. The total cost of this project will be privately financed in the amount of 35,000,000 dollars. As a result of this Environmental Review, the Lead Agency has determined the undertaking of this action will not have a significant adverse affect on the quality of the environment. No further environmental review of this action will be conducted prior to project implementation and a Draft Environmental Impact Statement will not be prepared Reasons Supporting This Determination: The facts and reasons for this decision are as follows The project will take a long vacant building in the heart of downtown Buffalo and convert it into a vibrant Hotel, a business hub and upscale rental units for individuals /families that enjoy downtown living and amenities bringing long term stability to one of the most important visible locations in the City of Buffalo. 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. Marty Grunzweig Land Use Controls Coordinator, Room 901 City Hall Buffalo New York 14202 - 716 851 -5085 RECEIVED AND FILED NO. 6 PLAN BD -SEQR NEGATIVE DECLARATION 145, 325,327 MAPLE, 167, 169, 173 CARLTON, 114, 118, 1332, 136, 138, 276,280, 282, 284, 279, 283, 289,291 MULBERRY, 53, 55 LOCUST, 79, 83 179, 181, 243, 245, 249, 251, 255, 257, 273, 277, 281 LEMON, 48, 52, 54, ROSE, 75, 79, 83, 150, 158 PEACH, 62, 64, 66, 68, 76, 80, 82, 84 GRAPE STREETS(ELL) 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 provisions of SEQR, the Lead Agency has reviewed the following, action as it relates to the environment: Action Title St. John Town Homes II Location: 145, 325, 327. Maple, 167,169,173 Carlton, 114 118,132,136,138,276,280 282, 284, 279, 283, 289, 291 Mulberry, 53, 55 Locust 79 83, 179,181, 243, 245, 249, 251, 255, 257, 273, 277, 281 Lemon, 48, 52, 54 Rose 75 79, 83, 150, 158 Peach, 62 64, 66, 68, 76, 80, 82, 84 Grape Streets Type of Action: Coordinated- Unlisted Description: Foit Albert Associates or behalf of St. John Fruit Belt Development Corporation is proposing the construction of forty - nine (49) town homes located at (see above addresses under heading "Location ", Buffalo New York The project is a new forty -nine (49) unit infill development situated on seventeen (17) sites in the existing Fruit Belt Neighborhood. It is proposed that the new town homes will include six 6) two bedroom thirty four (34) three bedroom six (6) four bedroom, one (1) two bedroom handicap accessible, one (1) three bedroom handicap accessible, one (1) four bedroom handicap accessible residences. As a New York State Homes and Community Renewal (HCR) funded project, the HCR's regulations and Green Building initiative credits influenced the final design. All of the new units must be visitable by handicapped persons that required slab on grade floors to avoid wheelchair ramps. HCR also involved the New York State Office of Parks Recreation and Historic Preservation (SHPO) in an advisory role due to the history of the Fruitbelt Neighborhood. The design input that was received from SHPO was incorporated into the final design. All landscaping is native and draught resistant and should add interest to the design of the project. A community meeting was held on January 30 2012 to present the project to the current Fruitbelt Neighborhood residents to allow them to voice any positive or negative comments regarding the project. All the homes were designed to complement the existing homes in the surrounding community. As per a letter (Foil Albert Associates) provided to and discussed with Planning Board staff Phase One (1) environmental reviews were conducted on each of the lots proposed for this development. The Phase One (1) Documents are available for review if requested As a result of this Environmental Review, the Lead Agency has determined the undertaking of this action will not have a significant adverse affect on the quality of the environment. No further environmental review of this action will be conducted prior to project implementation and a Draft Environmental impact Statement will not be prepared Reasons Supporting This Determination: The facts and reasons for this decision are as follows: The proposed project will be a complimentary addition to the Fruit Belt Neighborhood's historic s significance. The homes are being built on currently vacant lots and will be environmentally friendly as it is considered a green development by the HCR. The identified potential negative impacts appear to be primarily short -term site preparation and construction related activities, and do not appear to be significant in magnitude or effect. There are no actions, which will have a significant adverse impact on the environment. For further information relative to this Negative Declaration, contact Mr. Martin Grunzweig, Land Use Controls Coordinator Room 901 City Hall, Buffalo New York 14202 - 716 851 -5085 RECEIVED AND FILED FROM THE OFFICE OF STRATEGIC PLANNING NO. 7 DEPAUL PROPERTIES, INC. RIVERSIDE HOUSING DEVELOPMENT Your Honorable Body is hereby requested to approve the attached PILOT agreement between the City of Buffalo, the County of Erie and DePaul Properties, Inc. The project being proposed by DePaul Properties, Inc. is to redevelop the former Buffalo Public School 60 located at 238 Ontario Street in the City of Buffalo. DePaul Properties, Inc. is planning on rehabbing 60 units so that they can make the building into affordable rental housing meeting the requirements of Section 42 of the Internal Revenue 3ode and other applicable licensing authorities. The total pro3ec— is estimated to cost $21,000,000.00. The property is currently owned by the City of Buffalo. On December 28, 2010, the Common Council approved the sale of the Property no DePaul Properties, Inc. for $180,000 subject to DePaul and the City entering into a mutually acceptable land disposition agreement and DePaul's receipt of sufficient project financing, including low income housing tax credits. One hundred percent (100 %) of the units are intended to be affordable for low and very low income residents, with incomes an or below 50% area median income. The breakdown of the unit affordability is, 11 units affordable at 30% of the area median income, 10 units at 40% of the area median income and 39 units at 50% of the area median income. The amount of the PILOT payments are calculated based upon the City's PILOT policy that provides for payments in the amount of three percent (3 %) of the total income of the proposed budget, assuming a five percent (5 %) vacancy. Payments will increase by three percent per year for the duration of the 15 -year Pilot. This proposed development will enhance existing efforts to revitalize the neighborhood as well as provide much needed affordable low income housing For Military Vets in the area. Mr. Smith moved: That the above item be, and the above communication from the Office of Strategic Planning, dated May 1, 2012, be received and filed; and That the Office of Strategic Planning be authorized to approve a PILOT agreement between the City of Buffalo, the County of Erie and DePaul Properties, Inc. The project being proposed by DePaul Properties, Inc. is to redevelop the former Buffalo Public School 60, located at 238 Ontario Street in the City of Buffalo. DePaul Properties, Inc. is planning on rehabbing 60 units so that they can make the building into affordable rental housing meeting the requirements of Section 42 of the Internal Revenue Code and other applicable licensing authorities. The total project is estimated to cost $21,000,000.00. The property is currently owned by the City of Buffalo. On December 2, 2012, the Common Council approved the sale of the property to DePaul Properties, Inc. subject to DePaul and the City entering into a mutually acceptable land disposition agreement and DePaul's receipt of sufficient project financing, including low income housing tax credits. One hundred percent (100 %) of the units are intended to be affordable for low and very low income residents, with income at or below 50% area median income. The breakdown of the unit affordability is, 11 units affordable at 30% of the area median income, 10 units at 40% of the area median income and 39 units at 50% of the area median income. The amount of the PILOT payments are calculated based upon the City's PILOT policy that provides for payments in the amount of three percent (3 %) of the total income of the proposed budget, assuming a five percent (5 %) vacancy. Payments will increase by three percent (3 %) per year for the duration of the 15 -year PILOT. PASSED AYES 8 NOES 0 NO. 8 REQUEST TO AUTHORIZE THE MAYOR OF BUFFALO TO ENTER INTO A CONSORTIUM AGREEMENT WITH THE "MAKING SUSTAINABILITY WORK IN BUFFALO NIAGARA: SUSTAINABLE COMMUNITIES GRANT CONSORTIUM" The Greater Buffalo- Niagara Regional Transportation Council (GBNRTC), serving as lead agency, and Niagara Frontier Transportation Authority (NFTA) serving as fiscal agency, obtained a commitment for $2,133,205 in grant monies from the U.S. Department of Housing and Urban Development for the "Making Sustainability Work in Buffalo Niagara: Sustainable Communities Grant Consortium" initiative. Monies are from the Sustainable Communities Regional Planning Grant Program. These monies will fund a three -year planning effort to prepare a Regional Plan for Sustainable Development (RSPD) for Erie and Niagara Counties that addresses, among other topics, economic development, transportation, work force development, housing, and other elements. The RPSD will include an extensive public engagement process and build off of the Erie - Niagara Framework for Regional Growth which provides a baseline analysis of growth conditions and patterns within policy areas, and recommends strategies to attain a more livable, sustainable region. The Buffalo Niagara Consortium members, community organizations, and leaders will be engaged in these efforts from early 2012 through 2015. As part of the grant application process, the City committed $9,522 of in -kind services, primarily as staff participation in Steering Committee meetings and assignments over three years toward various tasks outlined in the Consortium Agreement. Other signatories of the Consortium Agreement are Erie County, Niagara County, and City of Niagara Falls, NY, as well as agencies involved in activities related to development of the Regional Plan for Sustainable Development. Formal establishment of said Consortium requires execution of a Sustainable Communities Grant Consortium Agreement by all members. I am requesting that your Honorable Body authorize the Mayor to sign the Consortium Agreement in substantially the form of Agreement as is attached to this communication and such Agreement amendments as are necessary to effectuate development of the above described Regional Plan for Sustainable Development and I am also requesting further authorization for pertinent City of Buffalo personnel to take all other steps and to enter into and execute such agreements and arrangements and such related further documentation as is necessary in order to fully effectuate development of the above described Regional Plan for Sustainable Development and the various tasks outlined in the Consortium Agreement. Brendan Mehaffy Executive Director, Office of Strategic Planning Mr. Smith moved: That the above item be, and the above communication from the Executive Director of the Office of Strategic Planning, dated May 15, 2012, be received and filed, and That the Office of Strategic Planning be authorized to enter into an agreement with the Greater Buffalo- Niagara Regional Transportation Counsel (GBNRTC), serving as lead agency, and the Niagara Frontier Transportation Authority (NFTA) serving as fiscal agency, who have obtained a commitment for $2,133,205.00 in grant monies from the U.S. Department of Housing and Urban Development for the "Making Sustainability Work in Buffalo Niagara: Sustainable Communities Grant Consortium" initiative. Monies are from the Sustainable Communities Regional Planning Grant Program. These monies will fund a three -year planning effort to prepare a Regional Plan for Sustainable Development (RSPD) for Erie and Niagara Counties that address, among other topics, economic development, transportation, work force development, housing and other elements. That the Common Council hereby authorizes the Mayor to sign the Consortium Agreement. PASSED AYES 8 NOES 0 NO. 9 STRAT PLAN - REPORT OF SALE -283 WINSLOW(ELL) Report of Sale 283 Winslow, 170'E Humboldt Pkwy. Lot Size: 30'x 206' Assessed Valuation: $1,300.00 (Ellicott District) The Office of Strategic Planning, Division of Real Estate has received a request from Mrs. Ezzer D Lewis, 281 Winslow Avenue Buffalo, New York 14211 to purchase 283 Winslow Avenue. Mrs. Lewis owns and resides at 281 Winslow, which is adjacent to 283 Winslow Avenue. She intends to use the vacant lot for additional green space. The Division of Strategic Planning Land Use Planning Committee. Division of Permit and Inspection Services and the Division of Collections nave no objections to the sale. There are no building code violations taxes or other liens owed to the City of Buffalo by the purchaser The Division of Real Estate has investigated the sale of similar lots in the subject area Sales range from Fifty Cents ($.50) to Seventy Five Cents ($75), per square foot. Mrs. Lewis has agreed and is prepared to pay One Thousand Five Hundred Dollars ($1,500.00), Fifty Cents ($.50) per square foot for the subject property. She has also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 283 Winslow to Mrs. Ezzer Lewis in the amount of One Thousand Five Hundred Dollars ($1,500.00). 1 am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor De authorized to execute the same. BRENDAN MEHAFFY EXECUTIVE DIRECTOR EXECUTIVE DIRECTOR OFFICE OF STRATEGIC PLANNING REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 10 STRAT PLAN - UTILITY EASEMENT AGREEMENT NIAGARA MOHAWK FOR USE OF 439 LEROY SCHOOL NO. 61 MASTEN DISTRICT The Office of Strategic Planning, Division of Real Estate, has received a request from the Board of Education to approve the attached easement agreement for Niagara Mohawk. along with a Utility Rider. The request is being made in order to allow and provide for electrical upgrades to School No. 61, located at 439 Leroy, as described and shown in the attached proposed legal description and map. This office has contacted the Corporation Counsel's Office, the Department of Public Works. Parks & Streets and the Land Use Planning Committee and they have no objections to this easement The Corporation Counsel's Office has approved the easement agreement as to form I am recommending that Your Honorable Body approve the attached easement agreement which has been reviewed and approved by the Corporation Counsel. I am further requesting Your Honorable Body to authorize the Mayor to execute the same. BRENDAN MEHAFFY EXECUTIVE DIRECTOR OFFICE OFSTRATEGIC PLANNING Mr. Smith moved: That the above item be, and the above communication from the Office of Strategic Planning, dated May 7, 2012, be received and filed, and That the Director of Real Estate be, and hereby is authorized to enter into an easement agreement between the City and Niagara Mohawk Power Corporation, in order to allow and provide for electrical upgrades to School No. 61, located at 439 Leroy Avenue. That the Corporation Counsel be, and he hereby is authorized to review and approve the Utility Easement Agreement as to form and to make any non - material changes or additions necessary to effectuate the intent of the Agreement and that the Mayor be authorized to execute the same. PASSED AYES 8 NOES 0 FROM THE COMPTROLLER NO. 11 COMPTROLLER'S BUDGET RESPONSE 2012 -2013 As required by Section 20 -7 of the City Charter, I am filing with your Honorable Body my assessment of file Mayor's proposed budget for 2012 -13. Our discussion and review does not include the Board of Education funds. Copy available for review in the City Clerk's Office REFERRED TO THE SPECIAL COMMITTEE ON BUDGET NO. 12 CERTIFICATE OF NECESSITY - COMMON COUNCIL Transfer of Funds We, Byron W. Brown, Mayor and Mark J.F. Schroeder, Comptroller, do hereby certify, pursuant to Section §20 -12 of the Charter, that it is necessary that the sum of $87,232 be transferred and reappropriated as set forth below: From: 10102001 412002 Common Council —Legislative Hourly $ 16,094 10102001 415001 Common Council - Auto Allowance $ 100 1 01 02004 458001 Common Council —Legislative Transportation $ 1,000 1 01 02004 458002 Common Council — Legislative Meals and Lodging $ 2,000 1 01 02004 458003 Common Council - Registration and Membership $ 1,763 10102005 461001 Common Council — Legislative Office Supplies $ 500 10102005 461002 Common Council — Legislative Contract Vendor $ 4,000 10102005 466000 Common Council — Legislative Building Supplies $ 500 10102006 432004 Common Council — Legislative Engineering &Technical $ 19,000 10102006 442000 Common Council — Legislative Cleaning Services $ 5,500 10102006 443200 Common Council — Legislative Building Repairs $ 850 10102006 443301 Common Council — Legislative Machine, Equipment Repairs $ 425 10102006 443400 Common Council — Legislative Equipment Maintenance Contracts $ 1,200 10102006 444201 Common Council — Legislative Rental of Equipment and Vehicles $ 26,300 10102006 455000 Common Council — Legislative Printing and Binding $ 6,000 10102006 480000 Common Council — Legislative Other Services $ 2,000 To: 10220006 434000 City Clerk Other Contractual Services $ 87,232 Byron Brown Mayor Mark J. F. Schroeder Comptroller RECEIVED AND FILED NO. 13 APPOINT EXECUTIVE ASST TO COMPTROLLER (EXEMPT)(CURRY) Certificate of appointment Appointment Effective May 14, 2012 in the Department of Audit and Control Division of Comptroller to the Position of Executive Assistant to the Comptroller Exempt Flat Starting Salary of $63,676 Patrick J. Curry, 592 McKinley Pkwy, Buffalo 14220 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 14 APPOINT SPECIAL ASST TO COMPTROLLER (EXEMPT)(WALDRON) Certificate of appointment Appointment Effective May 14, 2012 in the Department of Audit and Control Division of Comptroller to the Position of Special Assistant to the Comptroller Exempt Flat Starting Salary of $60,000 Claire A. Waldron, 15 Larchmont Road, Buffalo 14214 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO. 16 NOTIFICATION SERIALS #10634 -36 (WAIVE 46 DAYS) Notification Serial #10634 No Standing School Days — Repeal on Sycamore Street, south side between Koons Avenue and Walden Avenue (Fillmore District) NO STANDING - REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 &the Ordinances, as stated below, to be effective forty five days aider the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 22 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: NO STANDING PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD Sycamore Street, south side 8:00 A.M. — 4:00 P.M. between Koons Avenue School Days and Walden Avenue This action is being taken at the request of the administration of Harvey Austin School #97 at 1405 Sycamore Street Notification Serial #10636 No Standing School Days — Install on Sycamore Street, south side between Koons Avenue and Walden Avenue (except existing No Parking and No Standing zones) (Fillmore District) NO STANDING - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 22 Section t 5 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: NO STANDING PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD Sycamore Street. south side 8:00 a.m. — 6:00 p.m. between Koons Avenue School Days and Walden Avenue (except existing No Parking and No Standing zones) This action is being taken at the request of the administration of Harvey Austin School #97 at 1405 Sycamore Street. RECEIVED AND FILED NO. 16 BUFFALO SABRES /MR. TERRY PEGULA'S DONATION OF CONTRACTOR'S SERVICES AND MATERIALS TO IMPROVE UNFINISHED LOTS AT CENTRAL WHARF AREA NEAR CANAL SIDE WITH SOD, LANDSCAPING AMENITIES AND RELATED IMPROVEMENTS The Sabres /Mr. Terry Pegula (or an entity /individual to be named by Mr. Pegula) has asked the City of Buffalo to accept a donation from the Buffalo Sabres /Mr. Pegula of contractor's services, contractor's labor, sod, landscaping amenities and related improvements at certain City - owned unfinished lots at the Central Wharf area near Canal Side on Buffalo's waterfront. The sod and all related improvements will become the property of the City of Buffalo. The Sabres /Mr. Terry Pegula will pay the contractor for all installation, material and labor (living wage) costs. The contractor (or the Sabres /Mr. Pegula) will obtai appropriate permits for the work. Plans and specifications for the installation in form and substance acceptable to the City's Department of Public Works will be provided prior to commencement of access and work. The Department of Public Works, Parks and Street has reviewed preliminary plans /specs for improvements. The value of the donation is expected to be in the approximate amount of up to $120,000. Department of Public Works, Parks and Streets is hereby requesting permission from Your Honorable Body to allow the City of Buffalo to accept the donation of contractor's services and materials from the Sabres /Mr. Pegula (or from a donating entity /individual to be specified by the Sabres /Mr. Pegula) subject to appropriate City departmental reviews of the plans and specifications and review of the installation methodology and City's receipt of satisfactory and appropriate documentation as to the Sabres /Mr. Terry Pegula's donation of the Contractor's services, materials, sod, landscaping amenities and related improvements. Accordingly, we are further requesting that Your Honorable Body permit and allow this Department to enter into appropriate donation acceptance agreements and or related and appropriate agreements as well as access agreements to formally accept the donation and to take all steps as are necessary to oversee, effectuate and implement the improvements being donated. Steven J. Stepniak Commissioner Mr. Smith moved: That the above item be, and the above communication from the Commissioner of Public Works, Parks and Streets dated May 9, 2012, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to accept a donation from The Buffalo Sabres /Mr. Terry Pegula (or an entity /individual to be named by Mr. Pegula) of contractor service, contractor's labor, sod, landscaping amenities and related improvements at certain City -owned unfinished lots at the Central Wharf area near Canal Side on Buffalo's waterfront. That the Commissioner of Public Works, Parks and Streets, be, and he herby is also authorized, to enter into appropriate donation acceptance agreements and /or related and appropriate agreements as well as access agreements to formally accept the donation and to take all steps as are necessary to oversee, effectuate and implement the improvements being donated. The Buffalo Sabres /Mr. Terry Pegula will pay the contractor for all installation, material and labor (living wage) costs. The contractor (or the Buffalo Sabres /Mr. Pegula) will obtain appropriate permits for the work. Plans and specifications for the installation in form and substance acceptable to the City's Department of Public Works will be provided prior to commencement of access and work. The value of the donation is expected to be in the approximate amount of One Hundred Twenty Thousand Dollars ($120,000.00). PASSED AYES 8 NOES 0 NO. 17 CHANGE IN CONTRACT CITY HALL /CITY COURT FIRE DETECTION /ALARM SYSTEMS JOB #037 ELLICOTT DISTRICT I hereby submit to Your Honorable Body the following changes for City Hall /City Court, Fire Detection /Alarm Systems, Nussbaumer & Clarke, Inc., C #93000139. 1. Expanded scope of work on the Fire Detection /Alarm System improvements project at City Hall, to include design and construction Add $43,200.00 oversight on the smoke & heat detection system not included in the original project to bring the entire system up to full compliance. The foregoing changes result in a net increase in the contract of Forty Three Thousand Two Hundred and 00/100 Dollars ($43,200.00). Summary: Original Contract $135,000.00 Amount of This Change Order ( #1) $ 43,200.00 Revised Contract Amount $178,200.00 Costs have been reviewed by the consultant (Kideney Architects) and the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in 30320406 445100 - Buildings. Mr. Smith moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated May 4, 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 $43,200.00 (Original Contract Amount - $135,000.00 + Amount of Change Order - $43,200.00 for a total revised contract amount of $178,200.00) for the City Hail /City Court Fire Detection /Alarm Systems to Nussbaumer & Clarke, Inc., C #93000139. Funds for the project will be available in Account 30320406 445100 - Buildings. PASSED AYES 8 NOES 0 NO. 18 CHANGE IN CONTRACT ELLICOTT STREET - PHASE 1 CONTRACT #92011247 PIN #5757A7 ELLICOTT DISTRICT Additional Reference: Contract #93000735 Ellicott Street - Phase 2 - PIN 5757.59 Contract Summary: Contract Amount -Phase 1 $527,884.00 + Amount of change order(# 1) $252,696.00 Revised Contract Amount $780,580 00 City share of Change Order ( #1) - 10% or $25,269.60 1 hereby submit to your Honorable Body the following change for this contract. Foit Albert Associates is the Engineering Consultant for the Ellicott Street Phase 1 and 2 Projects for the City of Buffalo. The referenced project provided for the Construction Administration and Inspection of the Phase 1 project. This increase is needed to complete the Construction Administration /Inspection of the project (through July /August 2012) and to provide the final PS &E documents for the Phase 2 project. This is a federally funded project and the funding breakdown is 80% Federal, 10% NFTA and 10% City. I certify that this increase is fair and equitable for the work involved. I respectfully request that your Honorable Body approve the subject change order and authorize the Commissioner of Public Works, Parks and Streets to issue said increase for $252,696.00. Of this amount, 10% or $25,269.60 is the City share of the change. The funds are available in Capital Project Accounts: 31692106, 31690006, an account(s) to be named at a later date. Mr. Smith moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated May 8, 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 $252,696.00 (Original Contract Amount - $527,884.00 + Amount of Change Order - $252,696.00 for a total revised contract amount of $780,580.00) for the Construction Administration and Inspection of the Ellicott Street - Phase I to Foit Albert Associates, C #93000735. This increase is needed to complete the Construction Administration /Inspection of the project (through July /August 2012) and to provide the final PS &E documents for the Phase 2 project. Funds for the project will be available in Capital Project Accounts: 31692106, 31690004, and an account(s) to be named at a later date. PASSED AYES 8 NOES 0 NO. 19 CHANGE IN CONTRACT HISTORICAL SOCIETY RENOVATION OF ELECTRICAL BRANCH WIRING JOB #1011 NORTH DISTRICT I hereby submit to Your Honorable Body the following changes for the Historical Society, Renovation of Electrical Branch Wiring, RobsonWoese, Inc., C #93000711. 1. Additional scope of work items added after Schematic Add $15,500.00 Design, including CAD drawings, phone system design & removal drawings, underground duct bank design, parking lot lighting design, design of replacement ceiling in Street of Shops, add PA system to existing phone system. Summary Original Contract Amount $77,000.00 Amount of this change order( #1) Add $15,500.00 Revised Contract Amount $92,500.00 1 certify that this increase is fair and equitable for the work involved and respectfully request that Your Honorable Body approve the subject change order and authorize the Commissioner of Public Works, Parks & Streets to approve the change order. Funding for this change order is available in 32320306 445100 - Buildings- M r. Smith moved: That the above item be, and the above communication from the Commissioner of Public Works, Parks and Streets, dated May 4, 2012, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to execute Change Order #1 in the amount of $15,500.00 (Original Contract Amount - $77,000.00 + Amount of Change Order - $15,500.00 for a total revised contract amount of $92,500.00) for the renovation of electrical branch wiring to Robson Woese, Inc., C #93000711. Funds for the project will be available in Account 32320306 445100 - Buildings. PASSED AYES -8 NOES -0 NO. 20 PERMISSION TO ACCEPT FUNDS FROM NYS CHIPS Permission is hereby requested from your Honorable Body to accept $3,320,483.15 from the NYS Consolidated Local Streets and Highway Improvement Program(CHIPS) Mr. Smith moved: That the above item be, and the above communication from the Commissioner of Public Works, Parks and Streets, dated May 7, 2012, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to accept $3,320,483.15 from the New York State Consolidated Local Streets and Highway Improvement Program (CHIPS). PASSED AYES -8 NOES -0 NO. 21 PERMISSION TO HIRE CONSULTANT NORTH BUFFALO ICE RINK MODIFICATIONS DELAWARE DISTRICT I hereby request that Your Honorable Body authorize the Department of Public Works, Parks & Streets grant permission to hire URS Corporation, based on previous RFQ, to provide architectural and engineering services for the North Buffalo Ice Rink, Modifications. The costs for consulting services are estimated not to exceed $65,700.00. The funds are available in 34324106 445100 - Buildings, and an 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 May 8, 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 URS Corporation, based on previous RFQ, to provide architectural and engineering services for the North Buffalo Ice Rink Modifications in the Delaware District. The funds for these services are available in the Account 34324106 445100 - Buildings, and an account to be named at a later date. PASSED AYES -8 NOES -0 NO. 22 PERMISSION TO REDUCE RETENTION [FREY ELECTRIC CONSTRUCTION CO. [BACKUP POWER FOR HIGH SERVICE PUMPS CONTRACT # 93000188 1 hereby submit to your Honorable Body a request to reduce the retention for the above mentioned contract from 5% to 1 % and respectfully request that Your Honorable approve this request. The reduction represents work already completed and accepted by the Department. There are no outstanding claims or liens. This reduction is being requested to keep the contract open to allow for the completion of this project. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of Public Works, Parks and Streets, dated May 9, 2012, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to reduce the retention for the contract with Frey Electric Construction Co., C #93000188, from 5% to 1 %. The reduction represents work already completed and accepted by the Department. There are no outstanding claims or liens. This reduction is being requested to keep the contract open to allow for the completion of this project. PASSED AYES -9 NOES -0 NO. 23 REPORT OF BIDS CITY -WIDE MILL & OVERLAY 2012 PHASE I In obtaining these bids for the above mentioned project, I have asked for unit price covering the various items of work and material which will be performed. The final cost of the work will be based on the actual measured quantities of materials entering into the work and may be either more or less than the total bid. The following bids were received: Base Bid Base Bid + Alternate A Destro & Brothers Concrete Co Inc 411 Ludington Street, Buffalo, NY 14206 $3,075,692.00 $3,122,692.00 Amherst Paving, Inc 330 Meyer Rd, Amherst NY 14226 Northeast Diversification, Inc. 2 Cadby Industrial Park, Lancaster, NY 14086 Yarussi Construction, Inc. $3,084,038.00 $3,596,115.00 $3,680,580.00 $3,135,813.00 $3,662,197.00 $3,746,475.00 5650 Simmons Avenue, Niagara Palls, NY 14304 -2143 1 hereby certify that the low bidder for the above project is Destro & Brothers Concrete Co., Inc.. I respectfully recommend a contract award in the mount of $3,434,961.20 ($3,122,692.00 -Base Bid + Alternate "A" plus $3 12,269.20 - 10% unit price increase = $3,434,961.20 - Total Contract Amount). Funds for this contract are available in #34311106 -4451 00, and an account(s) to be named at a later date. The engineer's estimate for this work is $3,250,000.00. The attached is certified to be a true and correct statement of the bid received. Under provisions of the General Municipal Law, any of the bidders may withdraw his bid if an award of the contract is not made by June 30 2012. Individual bid submissions are available in our office for inspection and copies are available upon request. Mr. Smith moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated May 9, 2012, be received and flied; 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 $3,434,961.20 ($3,122,692.00 -Base Bid+ Alternate "A" + $312,269.20 - 10% unit price increase = $3,434,961.20 - Total Contract Amount) to Destro & Brother Concrete Co., Inc.. The engineer's estimate for this work is $3,250,000.00. Funds for this contract are available in Account #34311106 - 445100, and an account to be named at a later date. PASSED AYES - 8 NOES — 0 NO. 24 REPORT OF BIDS KLEINHANS MUSIC HALL MASONRY WALL RECONSTRUCTION JOB #1246 NIAGARA DISTRICT I issued bid requests on April 25, 2012 and received the following informal bids for Kleinhans Music Hall, Masonry Wall Reconstruction on May 8, 2012. Morris Masonry Restoration Base Bid Alt #1 441 Bailey, Buffalo NY $16,200.00 $16,200.00 Abraxas Inc. 1769 Baseline, Grand Island, NY $24,940.00 $22,080.00 Highland Masonry $29,900.00 $28,900.00 33 Ransier, West Seneca, NY Lehigh Construction Group No Bid 4327 S Taylor, Orchard Park, NY Alternate #1 is for masonry wall reconstruction on the south east side of the building. I hereby certify that the foregoing is a true and correct statement of all bids received and that Morris Masonry, with a base bid of $16,200.00, add Alt. #1 for $16,200.00, for a total bid of Thirty Two Thousand Four Hundred and 00/100 Dollars ($32,400.00), 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 34323806 445100 - Buildings. Mr. Smith moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated May 8, 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 $16,200.00 ($16,200.00 -Base Bid + $16,200.00 - Alternate #1 for a total bid of $34,400.00) to Morris Masonry. Funding for this project is available in Account 34323806 445100 - Buildings. PASSED AYES -8 NOES -0 NO. 26 REPORT OF BIDS REPLACEMENT OF STREETLIGHTS RICHMOND AVE. PHASE I - GROUP #762 This is to advise Your Honorable Body that I have advertised and received bids on March 28.2012 The following bids were received: Contractor Base Bid Total Bid Price South Buffalo Electric, Inc. $91,096.00 $95,650.80 1250 Broadway St. Buffalo- NY 14212 CATCO $104,950.00 $110,197.50 1266 Townline Rd. Alden. NY 14004 Spoth Enterprises. Inc. $91,650.00 $96,232.50 8746 Lakeshore Rd. Angola, NY 14006 1 hereby certify that the lowest responsible bidder for the above project is South Buffalo Electric, Inc. and I respectfully recommend that Your Honorable Body authorize a contract award to South Buffalo Electric, Inc. in the amount of $95,650.80. (Base Bid of $91,096.00 - [5% unit price increases] $4,554.80 equals [Total Award] $95,650.80). Funds for this project are available in Capital Account #3431 i506- 445100 and /or an account(s) to be named at a later date. The engineer's estimate for this work is $118,255.00 Mr. Smith moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated April 24, 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 $95,650.80 (Base Bid of $91,096.00 + [5% unit increases] $4,554.80 = [Total Award] $95,650.80) to South Buffalo Electric, Inc. Funding for this project is available in Capital Account #34311506 - 445100 and /or an account(s) to be named at a later date. PASSED AYES -8 NOES -0 NO. 26 REPORT OF BIDS WATER MAIN REPLACEMENT AT VARIOUS LOCATIONS IN SOUTH BUFFALO - SENECA STREET AREA -PHASE I This is to advise your Honorable Body that I have advertised for and received bids on 3/28/12 for Water Main Replacement At Various Locations In South Buffalo - Seneca Street Area -Phase . Total base bid is reported as listed. The following bids were received: 1- SicarManagement & Construction $1,277,305.50 1128 Jamison Road Elma, N.Y. 14059 2- Occhino Corporation $1,306,329.23 2650 Seneca Street West Seneca, N.Y. 14224 3 -Man O'Trees, Inc. $1,323,000.00 201 Ganson Street Buffalo, N.Y. 14203 4- KandeyCompany, Inc. $1,420,680.00 19 Ransier Drive West Seneca, N.Y. 14224 5- Visone Construction, Inc. $1,526,724.00 79 Sheldon Ave. Depew, N.Y. 14043 6 -Paul J. Gello Contracting,. Inc. $1,551,522.50 4242 Ridge Lea Road, Suite II Amherst, N.Y. 14226 1 hereby certify that the lowest responsible bidder is Sicar Management & Co., Inc. Also, I respectfully recommend that your Honorable Body authorize a contract award in the amount $ 1,277,305.50 (Base Bid) plus 10% contingency of $127,730.55 for a Total Contract Amount of $1,405,036.05. The funds are available in a Division of Water account to be named at a later date. Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated May 7, 2012, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to award and execute a contract in the Total amount of $1,277,305.50 (Base Bid of $1,277,305.50 + 10% contingency of $127,730.55 for a Total Contract Amount of $1,405,036.05 to Sitar Management & Construction. Funding for this project is available in a Division of Water account to be named at a later date. PASSED AYES -8 NOES -0 NO. 27 REPORT OF EMERGENCY BID FIRE ENGINE 34 EMERGENCY ASBESTOS ABATEMENT & ENCAPSULATION UNIVERSITY DISTRICT I received the following emergency bids for Fire Engine 34, Emergency Asbestos Abatement & Encapsulation. This facility was sited as an unsafe work environment by the New York State Dept. of Labor. This work must be done immediately because the exposed asbestos is creating an unsafe work environment for the firefighters. Stohl Remediation Services $9,950.00 4169 Allendale, Buffalo, NY Op -Tech $13,700.00 500 Commerce, Amherst, NY JMD Environmental No Bid Empire Building Diagnostics No Bid The Commissioner of Public Works, Parks & Streets has declared an emergency and entered into an agreement with Stohl Remediation Services not to exceed $12,000.00, to include air monitoring during the abatement. Funding for this project will be determined at a later date. Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated May 9, 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 $9,950.00 to Stohl Remediation Services for emergency asbestos abatement and encapsulation. Funding for this project will be determined at a later date. PASSED AYES -8 NOES -0 FROM THE COMMISSIONER OF POLICE NO. 28 DRUG ASSET FORFEITURE WIRE TRANSFERS ITEM NO. 104, C.C.P. 2/2/88 12 -DEA- 555477 C2 -12 -0007 1,321.58 11 -DEA- 542383 C2 -11 -0072 555.95 12 -DEA- 554625 C2 -11 -0110 1,176.22 11- FBI - 005313 3110110047 788.12 12 -DEA- 555850 C2 -12 -0008 5,140.38 12 -DEA- 557758 C2 -12 -0028 1,265.58 11 -DEA- 542979 C2 -11 -0073 444.97 12 -DEA- 557759 C2 -12 -0030 1,543.38 12 -DEA- 556313 C2 -11 -0163 166.60 12 -DEA- 557435 C2 -12 -0027 690.86 12 -DEA- 557535 C2 -12 -0024 6,570.18 12 -DEA- 557128 C2 -11 -0030 772.72 12 -DEA- 554893 C2 -12 -0005 10,720.21 12 -DEA- 554893 C2 -12 -0005 5,500.02(15% SAFF) UCSEQSH2009090190000901 3,532.36 TOTAL $40,199.13 The Drug Enforcement Administration (DEA), U.S. Customs and /or the FBI has administratively forfeited the above referenced property. The funds were received by this Department through wire transfers and duly deposited in the Trust & Agency Account, #20010000 - 389001 15% of the DEA funds have been deposited into SAFF account 10465 for fulfilling year 6 expenditures under SAFF legislation. The remaining funds will be placed into one or more of the following accounts as deemed necessary by the Commissioner of Police: Educational Training /Seminar, Confidential Funds, Materials and Supplies, Firearms and Weapons, Communications and Computers, Electrical Surveillance, Purchase of Services, Improvements, Vehicles, Operating Equipment If you have any questions regarding the above mentioned, please contact Inspector Joseph Strano at 851 -4624. RECEIVED AND FILED FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT & INSPECTION SERVICES NO. 29 APPLICATIONS FOR RESTRICTED USE PERMITS -76 W. CHIPEWA(ELL) Dear City Clerk: Per the provisions of City of Buffalo ordinance, Chapter 511 -68.6 "Downtown Entertainment Review District "; (F) "Application for Restricted Use Permit ", the Office of Licenses has reviewed the attached "Restricted Use Permit Applications" for "PURE" located at 67 West Chippewa (AKA 75 West Chippewa) and determined that this establishment does have the required City of Buffalo licenses; therefore said applications are "approved as to form ". Should your office have any questions concerning these applications, please feel free to contact me directly. Mr. Smith moved: That the above item for the event on 05/27/2012 (Memorial Weekend Teen Party) be, and the above communication from the Department of Permit and Inspection Services, dated May 15, 2012, be received and filed; and That the Common Council hereby authorizes the Department of Permit and Inspection Services to issue a restricted use permit to PHEZ Entertainment, LLC d /b /a Lux, located at 75 W. Chippewa Street, Buffalo, New York for an event to take place on May 27, 2012, upon the following conditions: -There will be no alcohol served at this event -The security staff at Lux is NYS Certified •A minimum of two (2) security staff will be posted at the door, along with another security officer posted the check -in booth -The doormen are responsible for checking for high school IDs, as well as any intoxicated minors, alcohol, weapons and anything else prohibited by club rules. -The club's manager will station security staff inside the venue to monitor all activity. Approximately 300 people are expected to attend; 10 security officers will be posted inside and 3 security guards will be posted at the door. -Any access to alcohol will be removed prior to the event. -Re-entry is strictly prohibited PASSED PASSED 5/27/2012 ONLY REFER REMAINDER TO THE COMMITTEE ON LEGISLATION AYES -8 NOES -0 NO. 30 DOWNTOWN SPECIAL VENDING DISTRICT AMENDMENT REQUEST Pursuant to Chapter 316 "Street Vending in the Special Downtown Vending District "; the Department of Permit & Inspection Services does hereby submit the attached proposed "Vending District" amendments per the request of Buffalo Place Inc., for whatever action your Honorable Body deems appropriate. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT. FROM THE COMMISSIONER OF COMMUNITY SERVICES & RECREATIONAL PROGRAMMING NO 31 APPOINT DIRECTOR OF RECREATIONAL PROGRAMMING, EXEMPT AT THE FLAT SALARY OF $70,216.00 Kimberly C. Trent, 79 Briar Hill Road, Orchard Park, NY 14127 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE BUFFALO SEWER AUTHORITY NO. 32 COMBINED SEWER OVERFLOW LONG TERM CONTROL PLAN -2012 Dear Messrs. l(onse!la, Mcgenna, and DiMura: As required by USEPA's recent Administrative Order ( "AO "), enclosed is the Buffalo Sewer Authority's 2012 Combined Sewer Overflow Long -Term Control Plan ("LTCP" J. The BSA has made extraordinary efforts over the past six weeks to pull the LTCP together in order to meet the April 30 deadline in USEPA'B AO. Given the AO deadline, we are compelled to submit the LTCP without the benefit of final public input through a 30 -day public comment period. That public comment period is starting immediately and will run through the end of May. We were also unable to complete the State - mandated SEQRA process. Accordingly, this submittal is expressly subject to BSA's right to revise and resubmit the LTCP based upon the public input that we may receive on the LTCP and through the final SEQRA review process. The LTCP is available to you on a secure FTP site through Malcolm Pirnie /ARCADIS. Each of you should have received an email with information about mow to access the LTCP at this FTP location. Please contact Ms. Lisa Derrigan (Lisa.Derrigan @arcadis- us.com) if you have any problems with the electronic access. In addition, the LTCP is available at www.bsacsoimprovements.org. The BSA's recommended 01 an will Oe implemented over a 19 -year period, with an estimated cost of 340 million. This program will result in 97.4 percent capture for treatment of wet weather flows entering the sewer system This high level of control significantly exceeds the presumptive approach for percent capture in the National CSO Policy. Even though that alone satisfies applicable regulatory Messrs. Konsella, DiMura, and McKenna Page B Please let me know if you have any questions. Copy available for review in the City Clerk's Office REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT FROM THE BUFFALO MUNICIPAL HOUSING AUTHORITY NO. 33 RESPONSE CONCERNING MAINTENANCE OF MARINE DRIVE APARTMENTS ( #66C.C.P. MAY 1, 2012) Thank you for your recent inquiry regarding the above mentioned matter. The Buffalo Municipal Housing Authority treats all resident concerns seriously and with the utmost importance and respect. While all buildings in the Marine Drive apartment complex are cleaned on a daily basis, this matter has been referred to the BMHA's Director of Management, the Marine Drive Housing Manager and the Marine Drive Assistant Superintendent of Maintenance for additional follow -up. As is always the case, BMHA residents are encouraged to bring specific concerns about their development directly to their manager. Alternatively, a "Resident Satisfaction & Resolution Form" is available to all residents which can be returned directly to the BMHA administrative offices for attention. A sample form is enclosed for your reference. If you require any additional information or clarification about this matter, please do not hesitate to contact me. I can be reached (716) 855 -6711, extension 202. Enclosure RECEIVED AND FILED FROM THE CITY CLERK NO. 34 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 84 Parkside The Tee Cup, Inc The Tee Cup, Inc. 1 Ring Road The Sweet Spot The Tee Cup, Inc 1473 Niagara St "1473" Eve E Evans RECEIVED AND FILED NO. 35 LEAVES OF ABSENCE WITHOUT PAY I transmit herewith notifications received by me, reporting the granting of the 1 eaves of absence without pay, in the various departments as listed: Police- Lori Guadgno, Sally Johnson. Donna Donovan, Daniel Owczarczako Amelite King, William Macy RECEIVED AND FILED. NO. 36 REPORTS OF ATTENDANCE I transmit herewith communications received by me, from the various boards, commissions, agencies and authorities reporting the membership attendance at their respective meetings: x Buffalo Sewer Authority RECEIVED AND FILED. NO. 37 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 05/07/2012 in the Department of Public Works, Parks & Streets, Division of Engineering, to the position of Bridge Operating Engineer, Seasonal Appointment at the flat salary of $12.06/hr Robert Kreutinger, 50 Homer Place, Buffalo, NY 14216 CERTIFICATE OF APPOINTMENT Appointment effective 05/07/2012 in the Department of Public Works, Parks & Streets, Division of Engineering, to the position of Laborer 11, Seasonal Appointment at the flat salary of $12.06/hr Chester Nicometi, 89 Hoyt St, Buffalo, NY 14213 NON - OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON - OFFICIAL COMMUNICATIONS NO. 38 J. CREAHAN- APPLICATION FOR CONSIDERATION FOR SOUTH DISTRICT COUNCIL SEAT I respectfully request that you consider the attached resume for the position of South District Councilman. I have been a life long resident of the South District. I retired from the Federal Government in 2007 after serving 33 years and would welcome the opportunity to give back to the community by representing the people whom I have resided with for most of my adult life. I feel that my experience would allow me to effectively represent the peoples of the South District. Prior to entering government service, I worked a variety of jobs while going to school in the Buffalo area. These jobs included summer positions with the City of Buffalo in the Streets Department, Iron Worker, Avis Rent A Car, and maintenance worker at Mt. Calvary Cemetery as well as a delivery person for a local florist. Immediately preceding entrance into the Border Patrol, I worked for approximately 2 years as a truck driver /deliveryman for Wickes Lumber in Orchard Park, NY. I have been involved with the community in the form of memberships in community organizations as well as coaching local youth baseball and hockey teams for years until health problems caused me to give these up. Some of the local organizations, I am involved with are current active memberships in Going South and the Police Emerald Society of Buffalo. I have been involved with budgetary processes as outlined in the attached resume and am comfortable with the demands and pressures of this process. I believe that I can bring an unbiased enthusiasm to this position and adequately represent the people of the South District as well as all the peoples of Buffalo In closing I would like to thank you for your time and consideration in this process. REFERRED TO THE COMMITTEE OF THE WHOLE NO. 39 K. LAFFERTY- APPLICATION FOR CONSIDERATION FOR SOUTH DISTRICT COUNCIL SEAT Dear Mr. Chwalinski: Enclose please find my resume for appointment to the vacancy in the Buffalo Common Council representing the South District. I am a registered Democrat and have lived in the district for most of my life. I am a graduate of St. Bonaventure University and Bishop Timon - St. Jude High School. I am currently a Contract Detention Officer at the Buffalo Federal Detention Facility in Batavia, NY. I have held positions at Bishop Timon St. Jude High School, The Buffalo Irish Center and M &T Bank. I have had the privilege to debate the issues facing South District votes as a candidate for the Buffalo Board of Education in 2007. From 2009 to 2011, 1 had the pleasure of serving the good people of Buffalo as a Parking Enforcement Officer with the Department of Parking. Working for the city has given me respect for what our civil servants do day to day to make the city a great place to live and work. I am committed to the success of the South District and my work as a volunteer coach at Cazenovia Park Hockey Association has given me perspective on how the traditional family in South Buffalo lives and works to give their kids opportunities to succeed. I want to bring this experience with me to City Hall and explore more ways that city government can benefit the modem working family. I look forward to speaking with members of the Council regarding my appointment. If there is any additional information needed please do not hesitate to contact me. Thank you for your time and consideration. V A 9AV:» III tell r .I:9K0ldildiIIa1:10i1a11a :A to] 11:1 NO. 40 T. SULLIVAN - APPLICATION FOR CONSIDERATION FOR SOUTH DISTRICT COUNCIL SEAT I would like to thank you for taking the time to review my qualifications for South District Councilman with the City of Buffalo. I hope to have an opportunity to be appointed to this seat and utilize my skills and experience to help contribute to the growing success of Buffalo. I have been a lifelong resident in the City of Buffalo, and I plan to pursue a career and remain here. I believe that I would be an ideal candidate for this position for many reasons. I am innovated and believe my skill of critical thinking by using logic and reasoning to identify strengths and weaknesses of alternative solutions and conclusions can be beneficial to the City of Buffalo. I have the strong ability to multitask in a dynamic, fast paced environment, with the ability to meet deadlines and perform quality work. I work well independently, and as a team player, with the focus of meeting goals every day. Along with my dedication to work, I feel that my organizational skills and attention to detail will also play a factor in being a good fit for this position. Aside from my soft skills listed in the paragraph above, I have numerous hard skills and experience that will help benefit the South District and City of Buffalo. I have experience as an aide working in state government, town government and constituent services. I believe that these past experiences will help me contribute to the economic viability of the City of Buffalo and increase the quality of life for the residents in South Buffalo. If appointed to the South District Council Seat, I will work in a bipartisan fashion to ensure that things get done I have A passion for team work and I believe that I can Work successfully with all Council members to help improve all areas in the City of Buffalo I would like to thank you for your time and consideration during this process. I look forward to pursuing the next step during this process, if you have any additional questions or concerns; please call me at 716 - 983 -9889. REFERRED TO THE COMMITTEE OF THE WHOLE NO. 41 C. SCANLON- APPLICATION FOR CONSIDERATION FOR SOUTH DISTRICT COUNCIL SEAT Resume available for review in The City Clerk's Office REFERRED TO THE COMMITTEE OF THE WHOLE NO. 42 C. TAYLOR - APPLICATION FOR CONSIDERATION FOR SOUTH DISTRICT COUNCIL SEAT PROFILE Chris Taylor is the founder, chairman, and CEO of the Novitas Group, LLC, an international professional services firm that sustainable solutions to difficult global security, economic, social, technology, and public health challenges. Previously, Chris was the CEO at Miss on Essential Personnel, LLC, a global professional services firm specializing in language, training and technical, and intelligence support solutions where he grew revenue from $185 million to $730 million in three years and was named, "15 to Watch in 2012" next to Secretary of Defense Leon Panetta and Director of Central Intelligence, David Petraeus. Chris spent 14 years in the U. S. Marine Corps as an enlisted infantryman and Force Recon Marine. Twice selected for meritorious promotion, he was the Distinguished Honor Graduate at the NCO Leadership Academy and the Distinguished Leadership Graduate at Amphibious Reconnaissance School. Chris finished his undergraduate degree at night, while serving on active duty, and after leaving the Marine Corps in 1999, he attended the College of William & Mary where he earned his MBA in 2002 and received the Dean's Award for Leadership and Service at graduation. He is a 2008 graduate of the John F. Kennedy School of Government at Harvard University, where he earned a Master of Public Administration degree in international security and political economy. Chris was also the Director of the Harvard Defense & Security Initiative and a member of the Defense Leadership Project at Harvard's Center for Public Leadership where ne co- authored, Transforming the National Security Culture. Through his relationships with heads of state, senior government and military officials, other key stakeholders, and global business partners, Chris has developed whole of society strategic initiatives in the United States. Middle East, Central and South Asia, Africa, one South America in pursuit of a healthier, peaceful, and secure world. These programs included strategies for international security, emergency response and disaster management, global health solutions, C41 systems design and implementation, strategic government transformations, political and economic consequences management, and turnkey solutions for unique challenges. As a member of Leadership Hampton Roads. a non - profit organization that analyzes the political, social, educational, and economic public policy challenges of the Hampton Roads, Virginia area, Chris was awarded the "Modeling the Way" Leadership Award in 2005 for his exemplary leadership. Chris contributed Chanter 10 - "The Achievements and Challenges of Military Leadership" to the COOK, Leadership: Succeeding in the Private, Public, and Not - for - Profit Sectors by Ronald R. Sims & Scott A. Quatro which won the 2005 Choice Magazine award for Outstanding Academic Text. His writing has been Featured in op -eds, journal articles, textbooks, and policy publications Chris frequently speaks at professional and academic forums and has testified before Congress and the Commission on Wartime Contracting on private sector contributions to national and international security, and humanitarian operations He has appeared or MSNBC and CNN offering commentary on global security challenges. Chris is the former Chairman of the International Stability Operations Association one a board member of the Peace Operations Institute. Ne is a member of Business Executives for National Security, and has attended Harvard University's Program for Senior Executives in National and International Security and the Aspen Institute's Executive Seminar and the Justice and Society Seminar Chris is a member of the Board of Trustees of the American University of Afghanistan, and is a life member of the Council on Foreign Relations. REFERRED TO THE COMMITTEE OF THE WHOLE NO. 43 F. BADASZEWSKI- APPLICATION FOR CONSIDERATION FOR CONSIDERATION FOR SOUTH DISTRICT COUNCIL SEAT To Whom It May Concern: Please be advised that I am inquiring about the South District Council Member's position and I have attached my resume for your review, Thank you for your consideration and I look forward to hearing to you. Regards, Frank Badaszewski Resume available for review in the City Clerk's Office REFERRED TO THE COMMITTEE OF THE WHOLE NO. 44 BFLO WATER BD PROJECT QUARTERLY REPORT Available for review in The City Clerk's Office RECEIVED AND FILED NO. 46 MEMORANDUM L. P. CIMINELLI -BOARD PACKET DOCUMENTS MAY 2012 Program Packaging and Development Services CPPDS) Provider May 8, 2012 Board Packet Documents Attached are the following documents from the Joint Schools Construction Board meeting scheduled on May 7, 2012: 1. Draft Agenda 2. Meeting Minutes from JSCB Meeting dated April 2, 2012 3. Fully Executed Phase IV Application and Certificate for Payment No. 45 - March 2012 4. Fully Executed Phase V Application and Certificate for Payment No. 28 - March 2012 5. Phase HI Application and Certificate for Payment No. 48 - April 2012 6. Phase IV Application and Certificate for Payment No. 46R- April 2012 7. Phase V Application and Certificate for Payment No. 29 - April 2012 8 Program Packaging and Development Services (PPDSI Provider Update 9. Bevlar & Associates Inc. Construction Contract Monitoring and Compliance Services Monthly Report for Addendum I Phase IV Project - March 2012 10. Bevlar & Associates Inc. Construction Contract Monitoring and Compliance Services Monthly Report for Addendum 1 Phase V Project - March 2012 11. Inclusion Development Associates, Inc. Construction Contract Compliance Monitoring Monthly Report for Phase IV - March 2012 12. Compliance & Administrative Services of New York Compliance Monthly Report for Phase IV- March 2012 Copy available for review in the City Clerk's Office REFERRED TO THE SPECIAL COMMITTEE ON EOUCATION NO. 46 M. DIPASQUALE -INFO FOR 175 INFORMATION FOR 175 FUHRMANN BLVD BUILDING RENOVATIONS Project for: Erie Canal Harbor Development Corporation (ECHDC) Project Name: Outer Harbor Parcel OH Site Improvements Available for review in the City Clerk's Office RECEIVED AND FILED NO. 47 J. GOLOMBEK- ARTICLES CONCERNING TOW TRUCKS Dear Mr. Chwalinski: Please file the attached news article concerning tow trucks and towing companies chasing accidents. I have also attached a copy of Chapter 454 of City Charter, amended in 2001 by the Common Council, which calls for an orderly system for the safe and expeditious removal of disabled motor vehicles from the streets of the City of Buffalo. This item should be sent to the Committee on Legislation where the ordinance can be further studied and updated if needed. Copies of this item should be sent to the Buffalo Police Department, the Division of Parking Enforcement, the Department of Public Works, Parks and Streets, the Department of Permits and Inspection Services and the Corporation Counsel for their response and recommendations. Your assistance is greatly appreciated. Enclosure REFERRED TO THE COMMITTEE ON LEGISLATION. NO. 48 J. GOLOMBEK- LEGISLATIVE BILL DRAFTING COMMISSION Item available for review in the City Clerk's Office RECEIVED AND FILED NO. 49 T. KNIAZUK- PROPOSAL FOR 2012 -2013 CULTURAL FUNDING President Fontana and Majority Leader Smith, Thank you for your interest in the Impact City of Buffalo funding had on the cultural community in 2011, and for allowing me to present a request for arts funding in the 2012 -13 budget. The proposal contains two items: I respectfully request that the Buffalo Common Council appropriate $25,000 per member for a total of $225,000. The hope is that Mayor Brown would once again provide a match, for a total of $450,000. While still far short of historical funding levels, this amount provides a meaningful investment in the cultural sector while being respectful of the city's continued fiscal challenges. Also, by making this request as part of the budget review and amendment process, it is hoped funding can be found without burdening the Council's district investments. Process." As I mentioned in my testimony in Council Chambers recently, the allocations and amounts made in 2011 were based on loss of county funding and other factors. As such, it would not be equitable to renew funding using the same formula Additionally, other organizations should have an opportunity for consideration Therefore, I'd recommend a process for taking and reviewing applications for funding be established and the City of Buffalo Arts Commission be used as a mechanism for accomplishing this. Review and recommendation of city arts funding is a duty the Arts Commission has successfully completed in the past and could do once again. My organization also stands ready to assist in any way requested; as you may know, I personally served on the Arts Commission and its Arts Funding Review Committee and have also established and executed many grant programs including one currently for the Erie Canal Harbor Development Corporation. There are also tools available such as the Cultural Data Project that can make the application process easy for both the applicant and reviewer. Again, thank you for your investment in the arts and your interest in continuing that investment. I look forward to working with you on this and anything else on which I can be of service, REFERRED TO THE SPECIAL COMMITTEE ON BUDGET NO. 50 NYSDEC - BROWNFIELD CLEANUP PROGRAM 123 DINGENS Public Notice The New York State Department of Environmental Conservation (DEC) has received a Brownfield Cleanup Program (BCP) application from 132 Dingens St., LLC for a site known as the 132 Dingens St. Site, site ID #C915263. This site is located in the City of Buffalo, within the County of Erie, and is located at 132 -136 Dingens Street, 14206. Comments regarding this application must be submitted no later than June 2, 2012. Information regarding the site, the application, and how to submit comments can be found at bttp: //www.dec.nv.gov /chemical /60058.htm1 or send comments to Mr. Jaspal Walia, NYS Department of Environmental Conservation, Region 9 Office, 270 Michigan Avenue, Buffalo, NY 14203 -2999, 716 - 851 -7226, jswalia @gw.dec.state.nv.us. To have information such as this notice sent right to your email, sign up with county email listservs available at www.dec.ny.gov /chemical /61092.html. RECEIVED AND FILED NO. 51 D. PRIDGEN- ARTICLE FULTON COUNTY GA HIRES MULTIPLE COLLECTION AGENCIES Please file the attached for the next scheduled Common Council meeting concerning Fulton County, Ga. hiring four private debt collection agencies. I remain concerned that presently the City of Buffalo utilizes only one debt collection agency and the fact that their return to the city has been minimal. Fulton County, GA, obviously expects that the return on having several companies will be in the millions by using multiple private firms. Sincerely, member With more than 43,000 outstanding traffic tickets, Fulton County, GA, hired four private debt collection services to seek $7 million in old fines and fees currently past due. The county expects the following firms. Harris & Harris, Goggan Blair & Sampson Municipal Services Bureau and Penn Credit Corp., to bring at least $2 million by using the private firms. According to AJC.com. the county is trying to avoid a tax hike and sees this effort as a means of increasing revenue. With concerns about the debt collectors abusing citizen information in other parts of the country, the county's Magistrate Court has insisted that all the firms send letters giving defendants at least 10 business days to either pay a fine or receive a new court date. with any late fees being waived Part of the reasoning for the county's extra protection for debt holders is the Fair Debt Collection Practices Act doesn't cover government penalties, whereas for consumers owing a company 3ast due funds, they would be protected. The FDCPA doesn't allow debt collection agencies to call past 9 PM use abusive language or seek funds using false identities. Nearby Cobb County resorts to suspending licenses for unpaid traffic tickets. They have found that to be an effective means of receiving past due fines RECEIVED AND FILED NO. 52 D. PRIDGEN -P ARNOLD -THE 2012 ACTIVE VETERANS PARADE MEMORANDUM The 2012 Active Veteran's Parade I would like to file the attached information for the next Common Council meeting to be held on May 15, 2012. Thank You, Darius G. Pridgen Dear Councilman Pridgen: I am writing this letter on behalf of the Western New York not for profit, Vats HERD, and the Erie County Active Veteran's Parade Committee. Collectively, we would like to thank you for your continual support of Erie County Veterans and of our annual Active Veteran's Parade (AVP). As you know, the 2011 AVP was held at Delaware Park, a location that presented drawbacks for both parade organizers and parade goers. Therefore, after much consideration, our combined committee has decided to return this year' s November 10 AVP to its original Delaware Avenue location {between North Street and Niagara Square) and we are asking for your help. Councilman, we would like to request your support and guidance in obtaining all city permits for the parade, without delay or cost. While we understand that city policies exist for all, we arc hoping that our dedicated purpose of honoring active Erie County service men and women will allow special consideration for this event- It is our committee's sincere belief that by staging the 2012 Active Veteran's Parade on Delaware Avenue, it will once again become a significant tribute for those who have served, and continue to serve, in the defense of our community and our nation. We appreciate your consideration of our request. We look forward to your response and to working together to honor Erie County's active veterans. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 53 D. SMITH - CITIES USING DEPOSITS TO GAIN LEVERAGE OVER BANKS Dear Mr. Chwalinski: Please file the enclosed communication for the next Council meeting for discussion at the next Finance meeting. Please invite the proper representation from various departments to discuss this matter at the Committee meeting. Available for review in the city Clerk's Office REFERRED TO THE COMMITTEE ON FINANCE NO. 54 D. SMITH -IS EDUCATION A CIVIL RIGHT Technically speaking, education is not a recognized civil right. However, since the famous 1954 case of Brown v. The Board of Education, it has been illegal for public schools to discriminate on the basis of race. It is also illegal for a public school district to be segregated as a result of intentional practices, such as the drawing of school district boundaries around exclusively single -race areas (a practice known as de jure segregation). These facts lend themselves to the argument that education is a civil right, or that education can be considered a de facto civil right. Civil rights laws are primarily concerned with issues of discrimination. As such, civil rights are not enshrined in the Constitution or the Declaration of Independence. They are not even constructs or conceptual paradigms from which other principles are derived. Civil rights are simply created by acts of Congress. The Civil Rights law of 1957, primarily a voting rights bill, established that voting rights were to be considered a civil right. Similarly, the civil rights movement of the 1960s was a fight to guarantee civil protections for all members of society, but this movement did not address education in particular. On the federal level, discrimination in any number of areas is illegal if it is based on any of several protected characteristics, such as sex, age, disability, religious affiliation, marital status, race and color. These categories were enshrined into law by civil rights acts, but none of them specifically addresses education. The U.S. Supreme Court tended to support this viewpoint in its very controversial decision in the 2007 case, Parents Involved in Community Schools v. Seattle School District No. 1. Asking families and children to put up with mediocre schools is almost criminal. It is just that simple. Keeping the families of our poor and minority kids shackled to dropout factories and failure mills should most certainly be against the law. When defenders of the status quo say that families should not have a wide array of educational options available -- be they traditional districts, public charters, private and parochial schools, or even online learning they are essentially arguing that there should he no civil right to a high quality education. That argument is absolutely wrong on every moral and intellectual level. Poor and minority families should not have to wait for these dropout factories to either shut down or be overhauled. Neither should middle -class families or anyone else. What these families deserve is the option to escape. They deserve school choice. The reality is that the traditional model of public education school district bureaucracies, zoned schools and local control -- is not only antiquated (if it ever worked at all), it also denies our poor and minority kids equal opportunities for high - quality education. If education is truly a civil right, then there should be no political restrictions on school choice. Wider array of school choices are always better than fewer and none. And opponents of full choice -- a group that can sometimes include centrist Democrat school reformers opposed to vouchers can't offer strong and convincing arguments to the contrary. REFERRED TO THE SPECIAL COMMITTEE ON EDUCATION NO. 55 D. SMITH -BFSA SUPPLEMENTARY INFORMATION - GENERAL FUND Item available for review in the City Clerk's Office REFERRED TO THE COMMITTEE ON FINANCE PETITIONS NO. 56 M, LUCHKEVYEH, AGENT, USE 149 ELMWOOD TO CREATE A SIT -IN RESTAURANT (HRG 5/22)(2011) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 57 T. TIELMAN & O- SUPPORT FOR TRICO LANDMARK Petitions to designate Trico Plant #1 a City of Buffalo Landmark Dear Mr. Chwalinski, Enclosed please find 14 petition pages bearing 124 signatures of Fruit Belt residents supporting the designation of Trico Plant No. I as a City of Buffalo local landmark. The item is on the Common Council agenda for today, May 1. The Campaign for Greater Buffalo submitted the nomination form for Trico Plant No. 1, and, after a public hearing, the Buffalo Preservation Board, in an unanimous vote, recommended that it be designated an official landmark. Landmarking would guarantee that formal public review take place regarding any changes to the complex, whether rehabilitation, renovation -or even demolition is contemplated. These safeguards currently protect the public interest in our valuable historic districts and individually listed landmarks. REFERRED TO THE COMMITTEE ON LEGISLATION. REGULAR COMMITTEES CIVIL SERVICE (BONNIE E. RUSSELL, CHAIRPERSON) NO. 58 APPOINTMENT BMHA BD OF COMM(BROWN)(MAYOR) (CCP # 1, 5/1) Mrs. Russell moved That Communication 1 of May 1, 2012, be received and Filed and that the Appointment of Donna Brown 34 Beverly Rd. Buffalo NY 14208 to serve as a member of the Buffalo Municipal Housing Authority Board of Commissioners is hereby approved PASSED AYES- FONTANA, GOLOMBEK, PRIDGEN, RIVERA, RUSSELL, SMITH — 6 NOES- FRANCYZK, LOCURTO - 2 NO. 59 APPOINT LABORER II(PERM)(MAX)(BROWN)(PW) (CCP# 30, 5/1) Mrs. Russell moved That Communication 30 of May 1, 2012, be received and Filed and that the Permanent Appointment of Bonita Brown 100 Lockwood, Buffalo. NY 14220, at the Maximum Salary of $34.139.00 is hereby approved PASSED AYES -8 NOES -0 NO. 60 APPOINT POLICE CAPTAINS (PERM)(STABLER)(SCOTT)(POL) (CCP # 33, 5/1) Mrs. Russell moved That Communication 33 of May 1, 2012, be received and Filed and that the Permanent Promotion of David S. Stabler 277 Pavement Rd. Lancaster NY, 14086 and Marcia Scott 35 Waverly St. Buffalo NY 14215 at the Flat Salary of $83 160.00 is hereby approved PASSED AYES -8 NOES -0 NO. 61 APPOINT POLICE CAPTAINS(CONT PERM)(ROBERTS)(POL) (CCP # 34, 5/1) Mrs. Russell moved That Communication 34 of May 1, 2012, be received and Filed and that the Contingent Permanent Promotion of Patrick A. Roberts, 140 Idlewood, Buffalo NY 14127 at the Flat Salary of $83,160.00 is hereby approved PASSED AYES -8 NOES -0 NO. 62 APPOINT POLICE DETECTIVES(PERM)(STROBELE, SERIFINI, GLENDINNING, ADAMS)(POL) (CCP# 35, 5/1) Mrs. Russell moved That Communication 35 of May 1, 2012, be received and Filed and that the Permanent Promotions of Michael J. Strobele 1796 William Street, Buffalo 14206 Margaret M. Serafini, 66 Carmelite Drive West Seneca 14224, Joseph W. Glendinning, 295 Wayside Drive Depew 14043, Shawn D. Adams, 500 Richmond Avenue, Buffalo 14222 Raymond M. Krug, 106 Whitehall, Buffalo 14220, Kevin R. Paul, 4568 Mr. Vernon Blvd Hamburg 14075, Earl E. Perrin. 20 John Paul Court, Buffalo 14206 Patrick A. Roberts, 140 Idlewood, Buffalo. NY 14127 at the Flat Salary of $66 230.00 is hereby approved. PASSED AYES- 8 NOES- 0 NO. 63 APPOINT POLICE LIEUTENANTS(PERM)(SHERIDAN, PHILIPS, JONES, YOUNG, WHELAN, RINALDO, MCHUGH, WATKINS M, ALBERTI, DELONG, WATKINS I., CLEPLY)(POL) (CCP# 36, 5/1) Mrs. Russell moved That Communication 36 of May 1, 2012. be received and Filed and that the Contingent Permanent Promotions of Robert P. Sheridan. 119 Joanie Lane. Amherst 14228, Sean P. Phillips. 6155 Newberry Court: Clarence Center 14032, Melinda Jones (Zak), 101 Potters Road, Buffalo 14220, Aaron V. Young, 125 Thatcher Avenue. Buffalo 14215 Thomas R. Whelan 254 Canada Street, Holland 14080, Jeffrey Rinaldo, 6730 Clara Court, Wheatfield 14- 20, Anthony J McHugh, 41 Werkley Road Tonawanda 14150, Michael W. Watkins. 398 Cayuga Creek Road Cheektowaga 14227, Michael J. Alberti 851 Girdle Road East Aurora 14052 Michael A. Delong, 3775 Mill road Hamburg 14072 Ivan A. Watkins 101 Millicent Avenue Buffalo 14215 David M Cieply, 365 Park Club Lane, Amherst 14221, at the Flat Salary of $73 312.00 is hereby approved PASSED AYES- B NOES- 0 NO. 64 APPOINT POLICE LIEUTENANTS(CONT PERM)(MORAN, LARK, KELLY, MCLEAN, LABEDZ. DOWELL)(POL)(CCP # 37, 5/1) Mrs. Russell moved That Communication 37 of May 1, 2012. be received and Filed and that the Contingent Permanent Promotions of Robert P Sheridan, 119 Joanie Lane Amherst 14228, Sean P. Phillips, 6155 Newberry Court, Clarence Center 14032, Melinda Jones (Zak), 101 Potters Road, Buffalo 14220, Aaron V. Young, 125 Thatcher Avenue, Buffalo 14215, Thomas R. Whelan, 254 Canada Street, Holland 14080, Jeffrey Rinaldo, 6730 Clara Court, Wheatfield 14120, Anthony J. McHugh, 41 Werkley Road, Tonawanda 14150. Michael W. Watkins, 398 Cayuga Creek Road Cheektowaga 14227, Michael J. Alberti 851 Girdle Road East Aurora 14052 Michael A. Delong, 3775 Mill Road, Hamburg 14072, Ivan A. Watkins. 101 Millicent Avenue Buffalo 14215, David M. Cieely, 365 Park Club Lane. Amherst 14221, at the Flat Salary of $73,312.00 is hereby approved PASSED AYES - 8 NOES - 0 NO. 65 T. BARRETT- CONCERNS REG BFLO FIRE DEPT PROMOTION CCP #33, 4/17 Mrs. Russell moved That the above item be the same and hereby is Received and Filed ADOPTED NO. 66 REVISED WAGE FOR EXEMPT EXECUTIVE DIRECTOR(BMHA)(BMHA) (CCP # 25, 4/3) Mrs. Russell moved That Communication 25 of April 3, 2012, be received and Filed and that the Revised Wage Schedule for Exempt Executive Director is hereby approved PASSED AYES- FONTANA, GOLOMBEK, LOCURTO, PRIDGEN, RIVERA, RUSSELL, SMITH 7 NOES- FRANCZYK 1 FINANCE (MICHAEL J. LOCURTO CHAIRMAN) NO. 67 2011 -2012 SECOND QUARTER GAP SHEETS REPORT(COMPT) CCP #32, 4/7 Mr. LoCurto moved That the above item be the same and hereby is Received and Filed ADOPTED NO. 68 COMPENSATION & BENEFITS AUDIT UPDATE(COMPT) CCP# 19, 9/7 Mr. LoCurto moved That the above item be the same and hereby is Received and Filed ADOPTED NO. 69 CHARGING OF FORECLOSURE FES IN EXCESS OF AMOUNTS OWED CCP #105, 7/26 Mr. LoCurto moved That the above item be the same and hereby is Received and Filed ADOPTED NO. 70 BAIRD- REFORMING BFLO'S TAX FORECLOSURE PROCESS CCP #45, 10/4 Mr. LoCurto moved That the above item be the same and hereby is Received and Filed ADOPTED COMMUNITY DEVELOPMENT (JOSEPH GOLOMBEK, JR., CHAIRMAN) NO. 71 REPORT OF SALE 64 N. PARADE (MAS)(STRAT PLAN) (C.C.P. #5, MAY 1) Mr. Golombek moved: That the above item be the same and hereby is Received and Filed. ADOPTED NO. 72 SEVENTH DAY CHURCH OF OUTREACH MINISTRIES, INC -USE OF VACANT LOTS (MAS)(STRAT PLAN) (C.C.P. #9, MAY 1) Mr. Golombek moved: That the above item be the same and hereby is Received and Filed. ADOPTED NO. 73 M. POLONCARZ- PROPOSED CONSTRUCTION OF NEW ACADEMIC BLDG ECC (C.C.P. #55, MAY 1) Mr. Golombek moved: That the above item be the same and hereby is Received and Filed. ADOPTED LEGISLATION (DARIUS G. PRIDGEN, CHAIRMAN) NO. 74 M. DIPASQUALE, AGENT, USE 175 FUHRMANN BLVD. FOR RENOVATIONS TO A ONE -STORY METAL BUILDING (SOUTH) (ITEM NO. 62, C.C.P., MAY 1, 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 after a public hearing that was held before the Committee on Legislation on May 8, 2012, the application of M. DiPasquale, as agent, to use 175 Fuhrmann Boulevard for renovations to a one -story metal building to be used for public restrooms and accessory storage. Address combination with 225 Fuhrmann is required and is hereby approved. PASSED AYES 8, NOES 0 NO. 75 L. NELSON, OWNER, USE 19 WADSWORTH TO ALTER USE (FILL) (ITEM NO. 63, C.C.P., MAY 1; 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 after a public hearing that was held before the Committee on Legislation on May 8, 2012, the application of L. Nelson, as owner, to alter use in a2 story frame mixed use building, with 2 apartments on the second floor and a store on the first floor. The new layout to be a tavern on the first floor and 2 apartments at second floor is hereby approved. PASSED AYES 8, NOES 0 NO. 76 FOOD STORE LICENSE (NEW) - 778 TONAWANDA (NORTH)(EDPI) (ITEM NO. 41, C.C.P., MAY 1 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 above item be recommitted to the Committee on Legislation. ADOPTED NO. 77 D. PRIDGEN- VARIOUS DELI STORES TO BE INVESTIGATED (C.C.P. #56, MAY 1) Rev. Pridgen moved: That the above item be the same and hereby is Received and Filed. ADOPTED NO. 78 HRM -REQ. NYS PASS AN ACT TO AMEND PUBLIC HEALTH LAW REQ. PHARMACISTS AND PRACTITIONERS TO CHECK REGISTRY BEFORE PRESCRIBING ANALGESICS That the above item be and is returned to the Common Council with a recommendation for adoption. Mr. Pridgen moved: That the Council supports passage of New York State Assembly Bill A. 9121 and Senate Bill S. 5409 -A entitled "An Act to amend the public health law, in relation to requiring pharmacists and practitioners to check the controlled substance abuse registry before prescribing analgesics "; and that The City Clerk forward certified copies of this resolution to Assembly Member Crystal Peoples- Stokes and to Senator Timothy M. Kennedy. ADOPTED. NO. 79 HRM -REQ. NYS PASS AN ACT TO AMEND PUBLIC SAFETY LAW TO CREATE ON -LINE REAL TIME CONTROLLED SUBSTANCES REPORTING SYSTEM That the above item be and is returned to the Common Council with a recommendation for adoption. Mr. Pridgen moved: That the Council supports passage of New York State Assembly Bill A. 8320 and Senate Bill S. 5720 -A entitled "An Act to amend the public health law, in relation to creating an on -line real time controlled substance reporting system to monitor the prescribing of certain controlled substances "; and that The City Clerk forward certified copies of this resolution to Assembly Member Sean Ryan, to Senator Timothy M. Kennedy, and to Senator Mark Grisanti. ADOPTED. NO. 80 HRM -REQ. NYS PASS AN ACT TO AMEND THE PUBLIC HEALTH LAW AND THE MENTAL HYGIENE LAW REQ. DISCLOSURE OF ADD RISKS FOR CERTAIN PRESCRIPTION DRUGS That the above item be and is returned to the Common Council with a recommendation for adoption. Mr. Pridgen moved: That the Council supports passage of New York State Assembly Bill A. 9097 and Senate Bill S. 6179 -A entitled "An Act to amend the Public Health Law and the Mental Hygiene Law, in relation to requiring disclosure of addiction risks for certain prescription drugs "; and that The City Clerk forward certified copies of this resolution to Assembly Member Crystal Peoples- Stokes, and to Senator Timothy M. Kennedy. ADOPTED. NO. 81 HRM -REQ. NYS PASS AN ACT TO AMEND EDUCATION LAW TO CONTINUE MEDICAL EDUCATION FOR DOCTORS, NURSES AND PHARMACISTS That the above item be and is returned to the Common Council with a recommendation for adoption. Mr. Pridgen moved: That the Council supports passage of New York State Assembly Bill A. 9102 and Senate Bill S. 6180 -A entitled "An Act to amend the education law, in relation to continuing medical education for doctors, nurses and pharmacists "; and that The City Clerk forward certified copies of this resolution to Assembly Member Crystal Peoples- Stokes and to Senator Timothy M. Kennedy. ADOPTED. NO. 82 HRM -REQ. NYS PASS AN ACT TO AMEND PUBLIC HEALTH LAW CREATING MEDICINAL GUIDELINES TO AID IN ADMINISTERING PRESCRIPTION DRUGS That the above item be and is returned to the Common Council with a recommendation for adoption. Mr. Pridgen moved: That the Council supports passage of New York State Assembly Bill A. 9093 and Senate Bill S. 6181 entitled "An Act to amend the public health law, in relation to creating medicinal guidelines to aid in the administration of prescription drugs to patients with high risks of addiction "; and that The City Clerk forward certified copies of this resolution to Assembly Member Crystal Peoples- Stokes and to Senator Timothy M. Kennedy. ADOPTED. NO. 83 FOOD STORE LICENSE RENEWALS EXPIRING 04/01/2012 (EDPI) (C.C.P. #21, APR 17) Rev. Pridgen moved: That the above item be the same and hereby is Received and Filed ADOPTED NO. 84 R. TACZKOWSI- CONCERNS DUTIES & POWERS OF THE COMMON COUNCIL (C.C.P. #47, APR 17) Rev. Pridgen moved: That the above item be the same and hereby is Received and Filed. ADOPTED NO. 85 J. GOLOMBEK- OPPOSITION TO ELIMINATION OF THE #63 RIVERSIDE EXPRESS BUS (C.C.P. #44, APR 3) Rev. Pridgen moved: That the above item be the same and hereby is Received and Filed. ADOPTED NO. 86 L. DOMIANO & O- PETITION TO REINSTATE ROUTE 63 BUS (C.C.P. #54, APR 3) Rev. Pridgen moved: That the above item be the same and hereby is Received and Filed. ADOPTED NO.87 M. TABER - CLINTON BAILEY CC REQUEST TO SPEAK AT NEXT LEG COMM MTG (C.C.P. #63, MAR 20) Rev. Pridgen moved: That the above item be the same and hereby is Received and Filed. ADOPTED NO. 88 STRENGTHEN EMERGENCY SERVICES BOARD (RES 104, MAR 20, 2012) That the above item be and is returned to the Common Council with a recommendation for adoption of the resolves. Mr. Pridgen moved: That the Council requests that representatives from the City Emergency Services Board, the Buffalo Fire Commissioner, Commissioner of Permit and Inspections, Director of the Erie County Health Department Bureau of Emergency Medical Service, Rural Metro and other interested parties appear at the Common Council to address whether or how the powers of the EMSB be increased and other matters in regard to improving Buffalo ambulance services. ADOPTED NO. 89 D. PRIDGEN- FEASIBILITY OF LIMITING PARKING IN FRONT OF THE COURT TO HANDICAPPED AND OFFICIAL VEHICLES DURING BUSINESS HOURS (C.C.P. #39, FEB 7) Rev. Pridgen moved: That the above item be the same and hereby is Received and Filed. ADOPTED NO. 90 R. FONTANA- OPENING RIGHT - VERTICAL GREENHOUSE (C.C.P. #45, JAN 24) Rev. Pridgen moved: That the above item be the same and hereby is Received and Filed. ADOPTED NO. 91 D. PRIDGEN-COM PLAINT RE BAIL BONDSMEN CONDUCTING BUSINESS IN FRONT OF 50 DELAWARE(ELL)(C.C.P. #51, NOV 1) Rev. Pridgen moved: That the above item be the same and hereby is Received and Filed. ADOPTED NO. 92 RESOLUTION - SECURITY IN CITY HALL (BD ED) (C.C.P. #33, APRIL 5) Rev. Pridgen moved: That the above item be the same and hereby is Received and Filed, ADOPTED NO. 93 J. GOLOMBEK -N. KENSY- CITYWIDE EMERG NOTIF THROUGH EMAIL AND TEXTING (C.C.P. #58, MAR 22) Rev. Pridgen moved: That the above item be the same and hereby is Received and Filed. ADOPTED NO. 94 REQUIREMENT OF CITY ORD IN RENTAL AND LEASE AGREEMENTS (ITEM NO. 121, C.C.P., JULY 21, 2011) That the above item be, and the same hereby is returned to the Common Council with a recommendation for adoption; Mr. Pridgen moved: That quality of life ordinances and penalties become mandatory on all rental and lease agreements in the City of Buffalo ADOPTED RESOLUTIONS NO. 95 BY: MR. FONTANA WAIVER OF FEES FOR THE WEISS STREET BLOCK CLUB Whereas: Block clubs are immeasurably beneficial to the various communities throughout the City of Buffalo, and Whereas: Block clubs serve as a way for neighbors to communicate with both one another and their elected representatives in order to address problems and formulate plans for maintenance and improvement of the community; and Whereas: The residents of Weiss St in the Love joy District have formed the Weiss St. Block Club; and Formation of a block club entails obtaining several permits for purposes including usage of community centers and other facilities for regular meetings; and Whereas: Block clubs are comprised of all volunteer members and are self - reliant for means of fundraising. Now, Therefore, Be It Resolved: That the Common Council hereby requests the Department of Public Works waive any and all room rental fees for use of the Machnica Community Center by the Weiss Street Block Club. PASSED AYES 8 NOES 0 NO. 96 SPONSOR: DAVID A. FRANCZYK NAME PARK AT SOUTH DIVISION AND LORD STREET "TYLER LIKOS MEMORIAL PARK" Whereas: A small city park, located at 828 South Division Street. has been a place for neighborhood residents to gather, play and just enjoy green space in the city; and Whereas: Growing up in the neighborhood, a young Tyler Likos often visited this park, playing and meeting friends, often spending many hours enjoying the moments; and Whereas: Tyler Likos, grew up in the South Division Street neighborhood and went to St. Rita and St. Patrick's Church, where he was an alter server, Tyler also attended the Waterfront Elementary School; and Whereas: While a student at McKinley High School, Tyler was part of the ROTC program. He also became involved with Brother Vianney Justin of St. Claire's Parish and volunteered to help others by working in the food pantry and assisting those in need in any way he could; and Whereas: Enrolled at Erie Community College with a goal of becoming a Buffalo Police Officer, Tyler always wanted to serve and help people in the community; and Whereas: On May 27, 2010, Tyler's life was tragically cut short when a bus made a left hand turn in front of Tyler's motorcycle; and Whereas: Currently this park has no official name; and Whereas: Section 286 -3 of the Buffalo City Code authorizes a member of the Common Council, by resolution, to request the Common Council to consider the naming of a park; Now, Therefore be it Resolved That: This Common Council finds it a fitting tribute to name the park at 828 South Division Street "Tyler Likos Memorial Park" in honor of this young man whose life was so tragically cut short; and Be it Further Resolved That: That the City Clerk be directed to file a notice of intention which directs a public hearing on the proposed naming in accordance with Chapter 286 -3 of the Buffalo City Code; and Be it Finally Resolved That: The Common Council hereby approves the request to name the park at 828 South Division Street "Tyler Likos Memorial Park ". ADOPT 2 ND RESOLVE AND REFER REMAINDER TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 97 BY: MR. FRANCZYK THE 14 "ANNUAL ALLEN WEST FESTIVAL Whereas: The Allentown Association, Inc., has requested permission to conduct the 14 h Annual Allen West Festival on the weekend of June 9ta and 10 2012; and Whereas: The purpose of the festival is to promote arts and crafts and support those talented individuals who create such work; and Whereas: The Allentown Association seeks to heighten public awareness of the fine arts and crafts and to heighten public awareness of all that the Allentown District of the City of Buffalo has to offer; and Whereas: Each year the Allen West Festival attracts thousands of people to the City of Buffalo, including over two hundred talented artists and craftspeople; and Whereas: The Special Events Advisory Committee, a committee established pursuant to Chapter 414 of the Charter & Code of the City of Buffalo: will meet to consider the application of the Allentown Association to hold the 14 h Annual Allen West Art Festival; Now Therefore Be It Resolved: This Common Council hereby grants to the Allentown Association, Inc. permission to conduct the 14 Annual Alien West Art Festival subject to the terms and conditions contained herein as well as any additional terms and conditions established by the Special Events Advisory Committee; and Be It Further Resolved: Date and Time of Event. The event shall take place the weekend of June 9th and 10 2012, between the hours of 10:00 AM and 6:00 PM each day and the streets will be closed to general traffic from 6:00 AM Until 8:00 PM; and Be It Further Resolved: Event Area. The event area shall be defined as follows: The area bounded by North Street and Symphony Circle on the north, Elmwood Avenue (west side) on the east, Virginia Street on the south, and Orton Place and Cottage Streets on the west; and Be It Further Resolved: Event Participants. The following terms and conditions shall apply to the event area: 1. Art and Craft Exhibitors. Art and /or craft exhibitors shall be permitted at the following locations only: Allen Street between Elmwood Avenue and Wadsworth (north and south sides); and Wadsworth between Allen Street and Symphony Circle (east and west sides). 2. Approval Process. Only art and craft exhibitors approved in accordance with the Allentown Association's application and selection process will be permitted to participate in the event area defined above, No more than 200 art and craft exhibitors will be permitted. Exhibitors engaged in the exhibition or sale of so- called "pseudo" art and commercial exhibitors not engaged in the exhibition or sale of arts and /or crafts shall not be included in that total. 3. Food Concessionaires and Vendors. Only food concessionaires and vendors approved in accordance with the Allentown Association's application and selection process will be permitted to participate in the event within the area defined above. Such approved food concessionaires and vendors shall be located in an area determined by the Allentown Association in accordance with the recommendation of the Commissioner of Police or his designee and the Commissioner of Fire or his designee. Food concessionaires and vendors will not be permitted to operate outside of the event area. 4. Promotional Items. The Allentown Association, at its sole discretion, may select and designate a single vendor employing a reasonable number of persons to vend balloons in the event area. The Allentown Association may also select and designate a single vendor to produce and sell Art Festival T- shirts, sweatshirts or similar merchandise. The Allentown Association in accordance with the recommendation of the Commissioner of Police or his designee and the Commissioner of Fire or his designee shall locate such vendors. 5. Compliance with Existing Laws. Not Withstanding the above. Participants, concessionaires, and vendors are required to comply with all applicable city, county, and state licensing and health code requirements. Nothing herein is intended to limit the lawful operation of sidewalk cafe's operating in accordance with Section 413 -59 of the Charter & Code of the City of Buffalo; and Be It Finally Resolved: 1 Remote Broadcasts Radio and television broadcasts from remote broadcast units located outside of a building regularly occupied by a radio or television station may be permitted within the event area at the discretion of the Allentown Association. No such remote broadcast or telecasts will be permitted on the public streets or out -of -doors on adjacent private property without the permission of the Allentown Association. Promotional activities other than those permitted by the Allentown Association are strictly prohibited. 2. Vendor and Exhibitor Identification. The Allentown Association shall provide all participants with suitable identification expressly indicating that each is an authorized participant in the event. Except as herein provided, there shall be no other participants within the event area during the event whether on public streets or out -of -doors on adjacent private property, including, but not limited to, exhibitors, concessionaires, vendors, and performers, individuals engaged in promotional activities, fundraising activities, displays of goods or otherwise. Performances are prohibited within the festival area. 3 Inflatable Devices All temporary inflatable devices used to advertise or direct attention to a business, service, product and /or activity shall also be excluded from the event area. ADOPTED NO. 98 BY: MR. GOLOMBEK ORDINANCE AMENDMENT - AERONAUTIC ACTIVITIES § 309 -4. Aeronautic activities. The Common Council of the City of Buffalo does hereby ordain as follows: That section 309 -4 of the Code of the City of Buffalo be amended to read as follows: § 309 -4. Aeronautic activities. A. No person shall make any ascent from any park or park approach in any balloon, aeroplane or other airship nor land therein from any balloon, airship or parachute. B. The director of parks is authorized to allow the operation of up to three tethered hot air balloon rides at LaSalle Park on Saturday, June 23, 2012 and Sunday, June 24, 2012 subject to such terms and conditions as the director shall find necessary and proper for the protection of the public, park property and the City. 2. This Ordinance Amendment shall take effect immediately upon being duly ratified pursuant to §3 -19 of the City Charter. APPROVED AS TO FORM Timothy A.. Ball Corporation Counsel By: Alan P. Gerstman Asst. Corporation Course Underlined material is new. Material in brackets [ ] is repealed. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 99 SPONSOR: JOSEPH GOLOMBEK JR., MR. RUSSELL THE CITY OF BUFFALO SHOULD PLAY A LEAD ROLE IN OUTER HARBOR DEVELOPMENT EFFORTS AND THE NFTA SHOULD TRANSFER THE LAND DIRECTLY TO THE CITY OF BUFFALO Whereas: The Niagara Frontier Transportation Authority ( "NFTA "), a New York State authority who's membership is appointed by the Governor and is unelected, is currently exploring options for divesting themselves of ownership and control of several key Buffalo Outer Harbor properties; and Whereas: The NFTA's sole focus today remains very much the same as it has since the authority was created, that is to manage our local transportation system. Their mission and expertise has, by the Authority's own admission, never extended to economic or waterfront development; and Whereas: The last 50 years of inactivity and underutilization of this prime waterfront property bears evidence to the fact that transferring these lands to a state transportation agency was a critical mistake that continues to haunt our City; and Whereas: Many people, including some elected and appointed officials, are now calling for these Outer Harbor lands to be transferred by the NFTA to the Erie County Harbor Development Corporation ( "ECHDC "), another state agency whose leadership is appointed by the governor and does not to answer to the people of this community at the polls; and Whereas: While there is undoubtedly a role for both ECHDC and the State of New York to play in the development of Buffalo's Outer Harbor and other waterfront lands, we must not lose sight of the fact that the City itself has a critical role to play as well; and Whereas: If the last 50 years of Outer Harbor inactivity have demonstrated anything, it is that those who have the most at stake with the development of our waterfront, the people of the City and their elected Mayor and Common Council, cannot afford to sit by passively and hope that others will develop our waterfront for us in a way that will reflect the vision of our City's residents; and Whereas: Mayor Brown recently stated publicly that the City would like to be included as part of any negotiations over the future of Buffalo's Outer Harbor area and that he believes that the City's expertise in leasing the Erie Basin Marina to private developers, its Capital Budgeting ability and the resources and expertise of the City's Department of Public Works and Office of Strategic Planning could be critical to Outer Harbor development. Now, Therefore Be It Resolved: That the Common Council supports the Mayor's desire for the City of Buffalo to take an active role in the development of Buffalo's Outer Harbor and that the land be transferred to the City of Buffalo. ADOPTED NO. 100 BY: MR. GOLOMBEK GRANT PERMISSION FOR BUFFALO CITYBRATION TO HANG A BANNER ON ELMWOOD AVENUE Whereas: Buffalo Citybration will be holding their 7 th annual celebration of Buffalo this year from June 21 -24, 2012; and Whereas: Citybration is a four -day experience designed to showcase the City's many assets, highlight the opportunities here and celebrate Buffalo's many successes; and Whereas: This unique event aims to help keep our best and brightest here, encourage those who have left to come back, and to attract professionals, entrepreneurs, and businesses to the region; and Whereas: To encourage residents to participate in the event and to promote this celebration of Buffalo, the committee would like to hang a banner across Elmwood Avenue at Lancaster Avenue; and Whereas: Buffalo Citybration would like to hang the banner from May 21. 2012 until June 25, 2012; and Whereas: Buffalo Citybration has been in contact with the City of Buffalo's Department of Public Works and understands all the requirements necessary for proper installation of the banner; Now, Therefore, Be It Resolved: That the City of Buffalo hereby grants permission to Buffalo Citybration to hang a banner on Elmwood Avenue at Lancaster Avenue, from May 21, 2012 until June 25, 2012; and Now, Therefore, Be It Further Resolved: That the banner be hung in accordance with all conditions, restrictions, and requirements as set forth by the City of Buffalo and the Department of Public Works, Parks and Streets. PASSED AYES 8 NOES 0 NO. 101 BY: MICHAEL J. LOCURTO APPOINT MARRIAGE OFFICER Pursuant to Chapter 49 of the laws of New York (1988), which allow a governing body the right to appoint one or more Marriage officers, who have the authority to solemnize marriages, I am requesting the appointment of the following person whose appointment as a Marriage Officer shall commence May 25th, 2012 and expire June 8th, 2012, Philip Celniker 130 Tillinghast Ave Buffalo, NY 14216 ADOPTED NO. 102 BY: MR. LOCURTO TRANSFER OF FUNDS COMMON COUNCIL We, Byron W. Brown, Mayor and Mark J.F. Schroeder, Comptroller, do hereby certify, pursuant to Section §20 -12 of the Charter, that it is necessary that the sum of $87,232 be transferred and reappropriated as set forth below: From: 10102001 412002 Common Council —Legislative Hourly $ 16,094 10102001 415001 Common Council - Auto Allowance $ 100 1 01 02004 458001 Common Council —Legislative Transportation $ 1,000 1 01 02004 458002 Common Council — Legislative Meals and Lodging $ 2,000 1 01 02004 458003 Common Council - Registration and Membership $ 1,763 10102005 461001 Common Council — Legislative Office Supplies $ 500 10102005 461002 Common Council — Legislative Contract Vendor $ 4,000 10102005 466000 Common Council — Legislative Building Supplies $ 500 10102006 432004 Common Council — Legislative Engineering &Technical $ 19,000 10102006 442000 Common Council — Legislative Cleaning Services $ 5,500 10102006 443200 Common Council — Legislative Building Repairs $ 850 10102006 443301 Common Council — Legislative Machine, Equipment Repairs $ 425 10102006 443400 Common Council — Legislative Equipment Maintenance Contracts $ 1,200 10102006 444201 Common Council — Legislative Rental of Equipment and Vehicles $ 26,300 10102006 455000 Common Council — Legislative Printing and Binding $ 6,000 10102006 480000 Common Council — Legislative Other Services $ 2,000 To: 10220006 434000 City Clerk Other Contractual Services $ 87,232 PASSED AYES 8 - NOES 0 NO. 103 SPONSORS: MSSRS. LOCURTO, RIVERA, FRANCZYK, AND PRIDGEN. PERMISSION TO HANG PRIDE FLAGS ON ELMWOOD AVENUE IN CELEBRATION OF ANNUAL PRIDE FESTIVAL WHEREAS: The City of Buffalo is home to many diverse communities, including members of the lesbian, gay, bisexual, and transgender ( "LG137) community: and WHEREAS: The Pride Center of Western New York, Inc. ( "PCWNY" is an established 501(c)3 not - for - profit organization whose mission is to work with the public to make Western New York a safe, healthy, and satisfying place for the LGBT population: and WHEREAS, Each June Western New York and the LGBT community celebrate with festivities including the annual Pride Parade, concerts, and outreach opportunities; and WHEREAS, In 2012, for the third year in a row, PCWNY is organizing Buffalo's Annual Pride Festival and Parade; and WHEREAS, Each year this celebration is marked by the installation traditional rainbow pride flags along Elmwood Avenue: and WHEREAS, PCWNY is familiar with the banner requirements and will purchase the necessary bond before the flags are installed; NOW, THERFORE, BE IT RESOLVED: That the Common Council of the City of Buffalo does hereby grant permission to the Pride Center of Western New York to hang flags on light poles along Elmwood Avenue between Forest Avenue and West Chippewa Street from May 28 through June 28th; and NOW, THEREFORE, BE IT FINALLY RESOLVED: That the flags meet the requirements of all appropriate City Departments and that no existing laws, rules, or regulations be violated, particularly those found in City Charter and Code §387 -15 or other pertinent sections thereof PASSED AYES 8 NOES 0 NO. 104 SPONSOR: DARIUS G. PRIDGEN. ELLICOTT DISTRICT COUNCIL MEMBER 500 BLOCK OF MAIN STREET ABSENTEE BUILDING OWNERS Whereas: On July 26, 2011, the City of Buffalo Common Council did pass a resolution titled "Revitalization of the 500 Block of Main Street ", wherein one of the Resolves stated that "The City of Buffalo Common Council [would] request the appearance of all building owners in the 500 Block of Main Street who have unoccupied buildings at a time and date decided by this Council "; and Whereas: Also present in the resolution was a resolve stating "that aggressive building code enforcement should be conducted in the 500 Block of Main Street "; and Whereas: Regularly scheduled monthly meetings have been taking place with building owners since October 2011, wherein engaged business and building owners have showed great desire to work together and revitalize their block and surrounding community; and Whereas: The business owners from the 500 Block and neighboring streets have developed a series of family - friendly events meant to promote their thriving business to the public; and Whereas: There are currently three (3) building owners of vacant properties which are causing great structural concerns to neighboring buildings. The addresses and owners are as follows: I. Texas Red Hots 5 -7 Genesee Street Buffalo, NY 14203 II. SPA Lofts, LLC 9 Genesee Street Buffalo, NY 14203 III. Rose Nails 535 Main Street Buffalo, NY 14203: and Whereas: The property at 5 -7 Genesee Street is currently involved in filing for bankruptcy; and Whereas: According to all of the building owners on the 500 Block and surrounding business, the building owner of 535 Main Street has made slight effort to assess their property and take note of what actions must be taken. However, recent visitors to the property mention how the condition of the property have become much worse over the past several months; and Whereas: This honorable body continues its resolve to be committed to the growth of Main Street as it revitalizes itself into a place of thriving business, entertainment, and safety for its residents; Now, Therefore, Be It I. Resolved that the City of Buffalo Common Council invites to the appropriate Committee meeting the building owners and associated partners of the aforementioned vacant properties; and it is further II. Resolved that the City of Buffalo Common Council requests that more stringent code enforcement be placed upon the three (3) aforementioned properties by the Department of Permits & Inspections. ADOPT RESOLVES, REFER REMAINDER TO THE COMMITTEE ON LEGISLATION NO. 105 SPONSOR: DARIUS G. PRIDGEN CO- SPONSORS: JOSEPH GOLOMBEK, JR., DEMONE A. SMITH, BONNIE E. RUSSELL, AND RICHARD A. FONTANA AMEND CHICKEN LICENSE LEGISLATION Whereas: On July 28, 2009, the Common Council passed an ordinance amendment to § 341 -11 of the City Charter making it lawful to keep any domesticated chicken hens in any residential district within the City of Buffalo; and Whereas: Residents are allowed to keep no more than five chicken hens (no roosters are allowed) at each single - family or multi - family dwelling. However, in order for a license application for chicken hens to be approved, written consent of all residents residing on properties adjacent to the applicant is required; and Whereas: Currently there is no requirement under § 341 -11.1 that applicants for chicken licenses must reside at the property for which they are applying for said application; and Now. Therefore be it Resolved: That the Common Council hereby directs the City of Buffalo Department of Law to draft an amendment to § 341 -11.1 of the City Charter to include a provision that mandates applicants for chicken licenses to reside at the property for which they are applying for said license; and Be it Finally Resolved: That copies of this resolution be forwarded to the City of Buffalo Department of Permit and Inspection Services, Corporation Counsel, and the Office of the City Clerk. ADOPTED NO. 106 SPONSOR: DARIUS G. PRIDGEN DRUG AND GUN -FREE ZONE -THE BELLE CENTER WHEREAS, The City of Buffalo Common Council recognizes the proliferation of the illicit use of drugs, narcotics, controlled substances and guns in our society as one of the most threatening and dangerous problems facing our youth. The City of Buffalo Common Council has supported programs which educate young people about the dangers of the illicit use of drugs and guns and supports those programs which prevent these problems before they begin; and WHEREAS, The Office of Safe and Drug -Free Schools (OSDFS), developed in 2002, as the successor program to the1986 federal governmental establishment of the Safe and Drug -Free Schools and Communities Act (SDFSCA); a major initiative whose purpose is to support programs that prevent violence and illegal drug use in communities, especially in areas where children congregate, with the intent of creating an atmosphere and attitude against the use of guns and drugs, gives the moral support to those young people who wish to resist the use of such items, and foster a safe learning environment that promotes achievement; and WHEREAS, The Belle Center, a non - profit, multicultural community center whose mission is to offer innovative educational, social and community building services for children, youth senior citizens and families with a vision to improve lives, create opportunities and foster self - sufficiency. One of the goals is to provide an environment in which the 350 plus youth and families attending the Center's programs on a daily basis are safe; and WHEREAS, The Belle Center has requested that the City of Buffalo designate the community as a "Drug and Gun Free - Zone" and that signage to that effect be installed around the north, south, east and west boundaries of The Belle Center located at 104 Maryland Street (Hudson Street to the north, Maryland Street on the south, Seventh Street on the east, and Busti Avenue on the west) to improve the security of the facility and the youth who attend its programs. NOW, THEREFORE, BE IT RESOLVED, That the Common Council of the City of Buffalo, New York supports the designation of a "Drug and Gun -Free Zone" in the community of The Belle Center to assist in its effort to provide a safe and drug -free environment; and BE IT FURTHER RESOLVED, That a copy of this resolution be forwarded to Corporation Counsel, the Zoning Board, the Department of Public Works, Parks and Streets, and the Commissioner of the Police Department for a response regarding the feasibility of this designation. ADOPTED NO. 107 BY: DARIUS G, PRIDGEN, ELLICOTT DISTRICT COUNCILMEMBER UPDATE ON SAINT ANN'S CHURCH AND SHRINE Whereas: The history of St. Ann's Church and Shrine began with a conversation between Mr. Stephen van Rensselaer Watson and Bishop John Timon as they rode together down Batavia Street (now Broadway) to St. Ann's Church and, Shrine which has been a pillar of the East Side Community; and Whereas: Saint Ann's Church and Shrine was initially built in 1858 for $7,000 and due to its growth, was expanded at a cost of $135,000 for the Church and $107,000 for the St. Ann's Catholic school; and Whereas: Saint Ann's beauty of stunning stained glass windows purchased from the Royal Bavarian Art Works, F.X. Zettler, of Munich Germany were designed around three thematic cycles. In the nave, the windows depicted the Apostles' Creed. In the Sanctuary and transepts, the upper row of window depict scenes from the Legend of St. Ann and the lower row depicts scenes from the life of Jesus and the Holy Family; and Whereas: The Church's beauty was only accentuated by the work the church did in the community. St. Ann's parish quickly became a major neighborhood focal point that not only cared for the spiritual needs of its community, but also its social and economic needs. Parish clubs and societies proliferated tremendously: St. Francis Xavier School Society, St. Vincent Orphan Society, Parish Council and Church Consultors, Catholic Benevolent Legion No. 197 /Queen City Council, Catholic Workers' Society Insurance Fund, Catholic Mutual Benefit Society and a host of others to name a few; and Whereas: Saint Ann's is richly engrained in Buffalo's history and her status is important to each of us who are historians of Buffalo. Now Therefore Be It Resolved; That the City of Buffalo Common Council request a copy of this resolution be sent to the Department of Inspections and Permits, the Buffalo Catholic Dioceses and the building owner; and Now Therefore Be It Further Resolved; That these groups report to the Buffalo Common Council a status update of the St. Ann's Church building within 30 days. ADOPT RESOLVES, REFER REMAINDER TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 108 SPONSOR: DARIUS G. PRIDGEN, ELLICOTT DISTRICT COUNCIL MEMBER REQUEST TO AMEND BUFFALO CITY CHARTER, CHAPTER 194 FOOD STORES Whereas: Council Member within the City of Buffalo is facing difficulties with monitoring nuisances and /or illegal activities within their district deli stores; and Whereas: City of Buffalo Charter Chapter 194 -Food Stores contains the only law on record addressing any policies or procedures with respect to approving or denying food stores within the City of Buffalo; and Whereas: The policy set forth by Chapter 194 is written to allow only the approval or denial of food stores within the City of Buffalo, containing no guidelines or details to an official review process; and Whereas: There are no provisions within Chapter 194 or remainder of the Charter permitting a Council Member to conduct hearings with a deli store owner following the admittance of constituent complaints and other evidence alleging food store violations; and Whereas: There is a great deal of ambiguity between various City of Buffalo departments in regards to how and when conditions can be placed on a food store license and procedures for proper review hearings; Now, Therefore, Be It Resolved: That the City of Buffalo Common Council requests the assistance of Corporation Counsel in drafting an amendment to the City of Buffalo Charter Chapter 194 wherein included are general prohibitions for all food store licenses, details for due process and enforcement detailing which City departments are charged with the task of imposing conditions, restrictions, and penalties. ADOPTED NO. 109 SPONSORED BY COUNCILMEMBER RIVERA BANNERS FOR HELLENIC ORTHODOX CHURCH CENTENNIAL CELEBRATION WHEREAS, the Hellenic Orthodox Church of the Annunciation is located at 146 West Utica Street in the Elmwood Village; and WHEREAS, the Church's mission is to sanctify the Orthodox Faithful through worship, sacraments, education and various ministries; and WHEREAS, the Hellenic Orthodox Church will be celebrating its centennial anniversary from September 7 -9, 2012; and WHEREAS, the celebration will consist of lectures, exhibits, liturgies, and receptions that will honor and rejoice in the church's 100 year life. WHEREAS, in anticipation of the centennial celebration the church would like to hang banners along the streets that surround the church, Utica Street and Delaware Avenue, starting the end of this month. The banners will remain until the celebration in September, NOW, THEREFORE BE IT RESOLVED THAT: The Common Council of the City of Buffalo grants permission to the Hellenic Orthodox Church of the Annunciation to hang a banner at the above mentioned location to promote its centennial celebration; and BE IT FURTHER RESOLVED: That the Hellenic Orthodox Church of the Annunciation will purchase the necessary bond before the banner is hung and said banner meets all the requirements of pertinent City Departments and that no existing laws are violated. PASSED AYES 8 NOES 0 NO. 110 BY MR. SMITH FELICITATIONS 'IN MEMORIAM Attached hereto are Felicitation and In Memoriam Resolutions sponsored by Members of the Common Council as indicated: In Memoriam for Woodie Lee Durham By Councilmember LoCurto ADOPTED NO. 111 BY: DEMONE A SMITH APPOINTMENTS COMMISSIONERS OF DEEDS REQUIRED FOR THE PROPER PERFORMANCE OF PUBLIC DUTIES That the following person(s) are hereby appointed as Commissioner of Deeds for the term ending December 31, 2012, conditional upon the persons so appointed certifying under oath to their qualifications and filing same with the City of Buffalo. • Justin M. Arney • Steven Balesteri • Douglas James Curella Jr. • Melanie Anne Dingeldey • Daniel Edward Meyer • Dawn Orlando • Robin Leigh Wolfgang TOTAL7 ADOPTED NO. 112 BY: DEMONE A SMITH APPOINTMENTS COMMISSIONER OF DEEDS That the following person(s) are hereby appointed as Commissioner of Deeds for the term ending December 31, 2012. conditional, upon the person so appointed certifying under oath to their qualifications and filing same with the City Clerk: • Nicholas J. Crocco Jr. • Kyle T. Salley TOTAL:2 ADOPTED NO. 113 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, May 22, 2012 at 9:45 o'clock A.M. Committee on Finance Tuesday, May 22, 2012 at 10:00 o'clock A.M. following Civil Service Committee on Comm. Dev. Tuesday, May 22, 2012 at 1:00 o'clock P.M. Committee on Legislation Tuesday, May 22, 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. NO. 114 ADJOURNMENT On a motion by Mr. Smith, Seconded by Mrs. Russell, the Council adjourned at 3:18 PM GERALD CHWALINSKI CITY CLERK