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Home My WebLink About12-0529 (2)NO. 11 PROCEEDINGS OF THE CITY OF BUFFALO MAY 29, 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 CHRISTOPHER P. SCANLON -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, Christopher P. Scanlon, 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: Christopher P. Scanlon, Chairman, Michael J. LoCurto, 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., Christopher P. Scanlon, Darius G. Pridgen, David A. Rivera - Members EDUCATION COMMITTEE: Demone Smith, Chairman, Joseph Golombek, Jr., Christopher P. Scanlon, 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, Christopher P. Scanlon, Michael J. LoCurto, David A. Rivera, Bonnie E. Russell- Members WATERFRONT DEVELOPMENT COMMITTEE: Chairman, Christopher P. Scanlon, David A. Franczyk, Joseph Golombek, Jr., Demone A. Smith - Members INVOCATION PLEDGE TO FLAG DATE May 29, 2012 Permission to Hire Consultant District Heat Distribution Sys Improv FINAL 21- MAYOR Permission to Hire Consultant Fire Engine 35 Reconst. (Fill) 1- A. Appointment - Buffalo Arts Commission(Granville,Tejada) R &F 2- B. Designation of Nominees for Appt to Bd of Trustees of Bflo Erie 23- 20. County Library(Gist) LEG 3- C. Designation of Nominees for Appt to Bd of Trustees of Bflo Erie Report of Emergency Bid Broadway Garage Partial Roof Constr(Ell) APP County Library (Thomas) LEG MAYOR - EXECUTIVE 26- 4- 1. Plan Bd- Designation City Plan Bd as Lead Agency SEQR 345 Amherst St Tops Supermarket R &F 5- 2. Plan Bd -SEQR Negative Declaration 982 Broadway(Fill) R &F 6- 3. Plan Bd- SEQR Negative Declaration 238 Ontario(North) R &F 7- 4. Strat Plan -Amend Lease Agmnt Btwn COB and Grassroots 25. Agmnt With Kleinhan's Music Hall Mngt, Inc. Gardens of Bflo Inc_ APP EXC MAS LOTS TO CD 8- 5. Strat Plan -Report of Sale 34 Fernhill(Masten) CD 9- 6. Strat Plan -Report of Sale -64 N. Parade(Mas) CD 10- 7. Strat Plan- Utility Easement Agmnt Niagara Mohawk for Use of 75 School 28. Tax Foreclosure Process Reforms (aka 118 Hampshire) School No. 18 APP 11- 8. Strat Plan- Appoint Director of Real Estate(Nelson) CS COUNCIL PRESIDENT APP 12- 9. Amended Regular Committee Appointments R &F 13- 10. Amended Special Committee Appointments R &F PUBLIC WORKS 35- 14- 11. Bflo Zoological Society Seeks COB's Sign off of $400,000 Grant APP 15- 12. Change in Contract City Court Basement Detention Ctr(Ell) APP 16- 13. Change in Contract MLK Jr. Pk Humboldt Basin(Masten) APP 17- 14. Change in Contract Police Garage Carwash Replacement(Ell) APP 18- 15. Change Order 41 Erie Basin Marina Eng & Design APP 19- 16. Extend Contract for Portable Toilets for COB Parks APP 20- 17. Permission to Hire Consultant District Heat Distribution Sys Improv APP 21- 18. Permission to Hire Consultant Fire Engine 35 Reconst. (Fill) APP 22- 19. Permission to Hire Consultant Marcy Casino New Interior Elevator(Del) APP 23- 20. Permission to Increase Consultant Contract -Porter Ave Reconst. Phase II APP 24- 21. Report of Emergency Bid Broadway Garage Partial Roof Constr(Ell) APP 25- 22. Request for Approval -Guard Security of COB Pools Btwn COB and USA Pools of NY APP 26- 23. Request Permission to Accept Donation for Lafayette Ice Rink from N. Bflo Bisons Hockey Assoc APP CORPORATION COUNSEL 27- 24. Agmnt Btwn COB and Bflo Place, Inc. for Services Performed by Bflo PI APP 28- 25. Agmnt With Kleinhan's Music Hall Mngt, Inc. APP 29- 26. BRACO -I Req for Refund of Excess Real Property Taxes 2011 -2012 Tax Yr APP 30- 27. Claims Agenda CLAIMS 31- 28. Tax Foreclosure Process Reforms R &F PERMITS AND INSPECTIONS 32- 29. Food Store(New) 333 Amherst (North) APP 33- 30. Food Store(New) 139 Grant (Nia) LEG 34- 31. Restaurant Dance License(Renewal) 1200 Niagara(aka IFerry West)(Nia) APP 35- 32. Second Hand Dealer 195 Fourteenth(Nia) APP 36- 33. Used Car Dealer 382 Genesee(Ell) LEG 37- 34. Used Car Dealer 742 Kensington(Masten) LEG ADMINISTRATION AND FINANCE 38- 35. Sale of Used Tire APP 39- 36. Sale of Vehicles /Equipment APP 40- 37. Sole Source -Virtra Systems APP CITY CLERK 41- 38. Notice on Intention -Name Park at 828 S. Division and Lord St "Tyler Likos RESOLUTIONS 94- 57. Memorial Pk(hrg 6/12) R &F 42- 39. Response for Amendment of Chicken License Ordinance R &F 43- 40. Board of Ethics Meeting Minutes -Feb 21, 2012 R &F 44- 41. Board of Ethics Meeting Minutes -May 1, 2012 R &F 45- 42. Liquor License Applications R &F 46- 43. Notices of Appointment - Seasonal R &F 97- MISCELLANEOUS Excuse Councilmember Smith From Meeting ADOPT 47- 44. Buffalo Water Board - Monthly Water Board Report-April 2012 LEG 48- 45. M. Damico -Adult Sports in City Parks LEG 49- 46. R. Fontana -SEQR Assessment Form -Bflo Consolidated Dev Framework CD 50- 47. D. Pridgen- Request Denial of the Chicken License Renewal -161 Southampton R &F 51- 48. D. Smith -J. King- Concerns Students Attendance ED 52- 49. D. Smith -J. King -Info Re Evaluations ED 53- 50. D. Smith -C. Perales -Info Re Reward for A New Gov't Performance Program FIN 54- 51. D. Smith -JP Morgan's Loss -Chase Bank FIN PETITIONS 64. 55- 52. W. Brown, Agent, Use 1171 Michigan for a Ground Sign(hrg 6 /5)(Ell) LEG,CPBD 56- 53. A. Piccone, Owner, Use 746 Elmwood, Convert Hair Salon to a APP 105- 64A Pridgen Take Out Restaurant(hrg 06 /05)(Del) LEG,CPBD 57- 54. W. Wesolowski, Owner, Use 1256 Hertel to Place Outdoor Cafe in Front Medical Campus ADOPT FIN RES -REM TO LEG 106- 64B Pridgen Of Existing Restaurant(hrg 06 /05)(Del) LEG,CPBD 58- 55. K. Woods, Owner, Use 1853 Clinton St to Reopen an Appoint Legislative Aide(Fisher) ADOPT 108- Existing Tavern(hrg 06 /05)(Lov) LEG,CPBD 59- 56. C. Malcomb, Agent, Use 333 Amherst St -Erect Gasoline Station Kiosk, 67. Smith Comm of Deeds Public Duties Pump Island and Underground Gasoline Storage(hrg 06 /19)(North) LEG,CPBD RESOLUTIONS 94- 57. Fontana Appoint Marriage Officer(Scanlon) ADOPT 95- 58. Fontana CC Intent to Serve as Lead Agency Under SEQR for Bflo Consolidated Dev Framework ADOPT RES'S REM TO CD 96- 59. Fontana LL Draft - Amending the Charter Regarding Annual Four Year Plan and Fund Balance Policies LEG 97- 59A Fontana Excuse Councilmember Smith From Meeting ADOPT 98- 59B Fontana Excuse Councilmember Russell From Meeting ADOPT 99- 60. Franczyk Permission to Hang Pride Flags on Allen St APP 100- 61. Golombek Disch CD 430 May 15' Downtown Special Vending District Amendment Request ADOPT DISCH,APP 101- 62. Golombek Trailblazing Sign Request for David M. Spinda APP 102- 63. LoCurto,etc Pride Month in the City of Buffalo ADOPT 103- 63A LoCurto Waive Fees For City Stage For Italian Heritage Festival APP 104- 64. LoCurto Waiving the Permit Fees for YMCA's Fitness in the Parks Program APP 105- 64A Pridgen Resident Parking Permits Bflo Niagara Medical Campus ADOPT FIN RES -REM TO LEG 106- 64B Pridgen Permission to Hang Banners for the Annual Hellenic Festival APP 107- 65. Scanlon Appoint Legislative Aide(Fisher) ADOPT 108- 66. Smith Fair Employment Screening Ordinance LEG 109- 67. Smith Comm of Deeds Public Duties ADOPT 110- 68. Smith Comm of Deeds ADOPT TABLE ITEMS - - - - -- Waterfront Neighborhood Community Development Agreement (ccp 43, 8/14/2010) SUBMISSION LIST OF COMMITTEE ITEMS FOR THE COUNCIL MEETINGS CIVIL SERVICE 60- 1. Com 31 May 15 Appoint Director of Recreational Programming (Exempt)(Trent)(Comm Serv) R &F COMMUNITY DEVELOPMENT 61- 2. Com 9 May 15 Report of Sale -283 Winslow(Ell)(Strat Plan) RECOMMIT 62- 3. No 52 May 15 D. Pridgen -P. Arnold -The 2012 Active Veteran's Parade ADOPT LEGISLATION 63- 4. No 56 May 15 M. Luchkevyeh, Agent, Use 149 Elmwood to Create a Sit in Restaurant (hrg 5 /22)(Fill) APP 64- 5. Res 98 May 15 Ordinance Amend- Aeronautic Activities(Golombek) APP 65- 6. Com 4 May 1 Application for Landmark Site -2280 Niagara St(North)(Pres Bd)(Hrg 5 /22)APP 66- 7. Res 94 Apr 17 Appoint South District Councilmember R &F 67- 8. No 43 March 6 R. Lucchino, Owner, Use 937 Elmwood to Erect Illum. Pole Sign in City ROW (no hrg)(Del) R &F 68- 9. Com 24 Apr 3 Used Car Dealer 2170 South Park (South)(EDPI) APP W /COND SPECIAL COMMITTEES COMMITTEE OF THE WHOLE 69- 10. No 38 May 15 J. Creahan - Application for Consideration for South District Council Seat R &F 70- 11. No 39 May 15 K, Lafferty - Application for Consideration for South District Council Seat R &F 71- 12. No 40 May 15 T. Sullivan - Application for Consideration for South District Council Seat R &F 72- 13. No 41 May 15 C. Scanlon - Application for Consideration for South District Council Seat R &F 73- 14. No 42 May 15 C. Taylor - Application for Consideration for South District Council Seat R &F 74- 15. No 43 May 15 F. Badaszewski - Application for Consideration for South District Council Seat R &F 75- 16. Com 2May 1 Message on Budget(Mayor) R &F 76- 17. Com 17May 1 Common Council Meeting and Budget Hearing Schedule(CP) R &F 77- 18. Com 18May 1 Schedule of Budget Workshops(CP) R &F 78- 19. No 60 May 1 E. Summers- Support Matthew Fisher for South Buffalo Councilmember R &F 79- 20. No 30 Apr 3 L. Bain - Application for Consideration for South District Seat R &F 80- 21. No 31 Apr 3 P. Burke - Application for Consideration for South District Seat R &F 81- 22. No 32 Apr 3 M. Fisher - Application for Consideration for South District Seat R &F 82- 23. No 33 Apr 3 J. Morales - Application for Consideration for South District Seat R &F 83- 24. No 34 Apr 3 J. Panek - Application for Consideration for South District Seat R &F 84- 25. No 35 Apr 3 AJ Verel- Application for Consideration for South District Seat R &F 85- 26. No 36 Apr 3 T. Whalen- Application for Consideration for South District Seat R &F 86- 27. No 37 Apr 3 B. Vivian - Application for Consideration for South District Seat R &F 87- 28. No 38 Apr 3 J. Gartler III - Application for Consideration for South District Seat R &F 88- 29. No 39 Apr 3 W. Mack - Application for Consideration for South District Seat R &F 89- 30. No 36 Apr 17 B. Bollman- Application for Consideration for South Council District Seat R &F 90- 31. No 40 Apr 3 Various Letters of Recommendation for Linda Bain S. Council District Seat R &F 91- 32. No 45 Nov 29 K. Linder -A. Perry -2012 Capital Budget & Bond Sale Recommendation( 439,10/18) R &F 92- 33. Com 4Nov 15 Request Additional Information to Submit Report on 2012 Recommended Capital Improvement Budget(Compt) R &F 93- 34. No 77 Sept 6 J. Mascia - Police Reorg -June 2011 Interim Report R &F CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO TUESDAY, MAY 29, 2012 AT 2:00 P.M. Present — Richard A. Fontana, President of the Council, and Councilmembers: Franczyk, Golombek Jr., LoCurto, Pridgen, Rivera, Scanlon— 7 Absent — Russell, Smith - 2 On a motion by Mr. Golombek, Seconded by Mr. Franczyk, the minutes of the stated meeting held on May 15, 2012 were approved. FROM THE MAYOR NO. 1 APPOINTMENT - BUFFALO ARTS COMMISSION(GRANVILLE, TEJADA) Pursuant to Chapter 6, Article V, Section 6 -26 of the Buffalo Code, I hereby appoint the following individuals to serve as members of the Buffalo Arts Commission. These individuals shall serve at the pleasure of the Mayor during his term in office. By charter term shall be concurrent with term of appointing authority. David Granville, 11 Plymouth Avenue, Buffalo New York, 14201 Susan Tejada, 825 Richmond Avenue, Buffalo New York, 14222 1 hereby certify that the above named individuals are fully qualified to serve on the Buffalo Arts Commission. RECEIVED AND FILED NO. 2 DESIGNATION OF NOMINEES FOR APPOINTMENT TO THE BOARD OF TRUSTEES OF THE BUFFALO AND ERIE COUNTY LIBRARY (GIST) Pursuant to Section 6212 of the Unconsolidated Laws, being Chapter 768, Section 2 of the Laws of 1953, transmitted herewith are my designated nominees to the Board of Trustees of the Buffalo and Erie County Public Library. The County Executive, subject to confirmation by the County Legislature, will appoint one nominee for a 5 year term. Frank Gist, 409 Wyoming Avenue, Buffalo, New York, 14215 Frank Gist is currently a journalist and seasoned writer for the Buffalo Criterion newspaper. Mr. Gist is well- informed on community issues and is an advocate for community change. Having previously served as a Buffalo firefighter and a member of the Library Board, Mr. Gist will work to ensure that our city's assets are protected. Jessica Maglietto- Smith, 480 Woodward, Buffalo, New York, 14214 Bernadette Taylor, 143 Walnut, Buffalo, New York, 14204 1 hereby certify that the above designees are fully qualified to serve as members of the Board of Trustees of the Buffalo and Erie County Library. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 3 DESIGNATION OF NOMINEES FOR APPOINTMENT TO THE BOARD OF TRUSTEES OF THE BUFFALO AND ERIE COUNTY LIBRARY(THOMAS) Pursuant to Section 62!2 of the Unconsolidated Laws, being Chapter 768, Section 2 of the Laws of 1953, transmitted herewith are my designated nominees to the Board of Trustees of the Buffalo and Erie County Public Library. The County Executive, subject to confirmation by the County Legislature, will appoint one nominee for a 5 year term. Sharon A. Thomas, 76 Benwood Avenue, Buffalo, New York, 14214 Sharon Thomas serves as Chief Clerk of Buffalo City Court. She is responsible for Court operations, Criminal Records Division and all aspects of its day -to -day operations. She is affiliated with numerous civic organizations and the recipient of many awards, including the Black Achievers Award. Having previously served as a member of the Library Board, Ms. Thomas will work to ensure that our city's assets are protected Jessica Maglietto- Smith, 480 Woodward, Buffalo, New York, 14214 Bernadette Taylor, 143 Walnut, Buffalo, New York, 14204 1 hereby certify that the above designees are fully qualified to serve as members of the Board of Trustees of the Buffalo and Erie County Library. REFERRED TO THE COMMITTEE ON LEGISLATION FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE CITY PLANNING BOARD NO.4 PLAN BD- DESIGNAITON CITY PLAN BD AS LEAD AGENCY SEQR 345 AMHERST ST TOPS SUPERMARKET Dear Council President: Please be advised, prior to the implementation of the above referenced project, the requirements of the New York State Environmental Quality Review Act (SEQRA) must be satisfied. The project as defined by SEQRA is an Type 1 action for which a coordinated review will be completed. As per section 617.6 of the regulations, an agency responsible for determining the effect of this project on the environment must designate from among the involved agencies within 30 calendar days of the date of this letter. It is the intent of the City of Buffalo Planning Board to assume Lead Agency status for this project. The Environmental Assessment Form is enclosed for your review. If your agency has no objection to the designation of the City of Buffalo Planning Board as Lead Agency, please sign this letter and return it to my office at Room 901 City Hall, Buffalo New York 14202. Sincerely, Marty Grunzweig Land Use Controls Coordinator The City of Buffalo Common Council accepts and approves the designation of the Buffalo Planning Board as Lead Agency for the above - referenced project. Copy available for review in the City Clerk's Office RECEIVED AND FILED NO. 5 PLAN BD -SEQR NEGATIVE DECLARATION 982 BROADWAY(FILL) SEQRA Notice of Determination Non Significance Negative Declaration This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (SEAR - 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 SEAR, the Lead Agency has reviewed the following action as it relates to the environment: Action Title Appliance Plus Loading Dock/Parking Improvements Location 982 Broadway Avenue Type of Action Uncoordinated - Unlisted Description: Optima Design & Engineering PLLC on behalf of the Appliance Plus is proposing the construction of a loading dock and four parking spaces on the existing lot located at 982 Broadway Avenue, Buffalo New York. Appliance Plus is a business located in the Broadway Fillmore Community that specializes in full - service refurbishes name appliance sales in order to continue their growth it is necessary to build a new two sided loading dock and platform which will streamline their shipping and receiving process. It will be located at the rear (north) side of the building. A new curb cut on Gibson Street and a widened existing curb cut on Fillmore Avenue will provide access to the loading dock. New green space areas are being added. Four new parking spaces will be added to the west 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 are reasons for this decision are as follows: The project will allow a welt - established business in the Broadway Fillmore Neighborhood remain viable and strong maintain a presence in the business district. 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 NO. 6 PLAN BD -SEQR NEGATIVE DECLARATION 238 ONTARIO(NORTH) 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 Riverside Special Needs Apartments Location: 238 Ontario Street Type of Action: Coordinated — Type I Description: DePaul Properties has proposed the conversion of a former Buffalo Public School Into special needs housing located at 238 Ontario Street Buffalo New York. The Riverside Special Needs Apartments will involve the re- adaptation of the former Riverside Academy (School #60), initially constructed in 1897. Riverside Academy was in use as a school until several years ago and has been vacant since that time. In 2002, the building was deemed eligible for the National Register of historic Places. The proposed project will include sixty (60) units, affordable at or below fifty percent (50 %) of area median income (AMI). The project will consist of six (6) studio units (of 544 square feet each), fifty -two (52) one bedroom units (670 square feet each) and two (2) two bedroom units (800 square feet each. All residential units will have full kitchens and bedrooms. Storage is designed into the units and utilities for each unit are included with the monthly rent. Laundry facilities are provided in the building. Additionally, a patio will be constructed at the rear of the building for use by the residents The project has had a Phase One environmental review completed Any environmental issues uncovered during the constructions process will be handled and remediated immediately if necessary. The project will utilize sustainable features Including Energy Star heating and cooling equipment, appliances, and light fixtures. The building will have water conserving plumbing fixtures, green lapel certified floor coverings, and daylight sensors on all exterior lighting. Low or no voc paints, primers adhesives and sealants will be used, and an active radon mitigation system for the building will be installed. Also, a construction waste management plan has been designee to reduce landfill materials by twenty five percent or greater. A green building energy efficiency analysis has been performed for the Project by Comfort Systems USA. Utilities for the project are currently available via both Ontario Street and Saratoga Street adjacent to the project. Of the sixty units, forty -five will house New York State Office of Mental Health consumers. All forty -five will be receiving on -going support services from DePaul Community Services, Inc. the proposed project addresses several federal, state, and local housing goals including increasing the supply and Quality of affordable housing, rehabilitating an existing historical structure into alternative housing use, utilizing environmentally sensitive green technology in construction and rehabilitation providing housing and necessary supportive services to individuals with Severe and Persistent Mental illness (SPMI), enabling them to remain independent In the community and provision of quality management services by an established and experienced provider thereby strengthening the rental market. The project will create affordable housing for those who need it and provide vital services for those individuals with SPMI. The project will relieve the burden on existing DePaul housing programs in Buffalo, which have waiting lists. A number of neighborhood meeting gave taken place and the project has received the support of all the community groups in the area. A number of funding sources will be used to finance this Project including Low Income Tax Credits, The national Equity Fund The Community Preservation Corporation, the City of Buffalo, New York State Homes and Community Renewal and the Office of Mental Health. As a result of this Environmental Review the Lead Agency has determined the undertaking of this action will not have a significant adverse effect 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 convert a significant Riverside landmark into affordable housing for those individuals with special needs. The project will enhance the site with landscaping and other positive amenities. The identified potential negative impacts appear to be primarily short -term site preparation and construction related activities and do not appear to be significant magnitude or effect. There are no actions which will have a significant adverse impact on the environment. For further information relative to this Negative Declaration, contact Mr. Martin Grunzweig Lane Use Controls Coordinator Room 901 City Hall. Buffalo New York 14202 - 716 551 -5085 RECEIVED AND FILED FROM THE OFFICE OF STRATEGIC PLANNING NO. 7 AMEND LEASE AGREEMENT BETWEEN CITY OF BUFFALO AND GRASSROOTS GARDENS OF BUFFALO INC.; ADDITIONAL PARCELS AND SPONSOR / CONTACT CHANGES PRIOR COUNCIL REFERENCE: Item No. 12, C.C.P. 10/3/2006 In the above referenced item your Honorable Body approved a lease agreement between the City of Buffalo and Grassroots Gardens of Buffalo, Inc The agreement allows Grassroots Gardens of Buffalo, Inc. to propose changes during the term of the lease. The Office of Strategic Planning, Division of Real Estate, received a request from Grassroots Gardens of Buffalo, Inc. to amend the lease between the City of Buffalo and Grassroots Gardens of Buffalo, Inc. to include the attached list of six vacant lots. Also attached is an updated listing of sponsoring groups and community contacts for existing gardens on 25 city parcels (15 gardens). The Land Use Planning Committee reviewed the request and has no objections to releasing the vacant city owned parcels for use as community gardens. All other terms and conditions of the lease approved by the Common Council on October 8, 2006 shall remain the same. I am recommending that your Honorable Body approve amending the lease agreement between the City Of Buffalo and Grassroots Gardens of Buffalo, Inc. to reflect the additions detailed in the attached list. I am further recommending that the Corporation Counsel be authorized to prepare the necessary documents to amend the lease and that the Mayor be authorized to execute the same. Mr. Golombek moved: That the above item be, and the above communication from the Office of Strategic Planning, dated May 22, 2012, be received and filed; and That the Common Council approve amending the lease agreement between the City of Buffalo and Grassroots Gardens of Buffalo, Inc., for all parcels except in Masten Council District; and that the Corporation Counsel be authorized to prepare the necessary documents to amend the lease and that the Mayor be authorized to execute the same. PASSED AYES 7- NOES- 0 NO. 8 STRAT PLAN - REPORT OF SALE 34 FERNHILL (MASTEN) Report of Sale 34 Fernhill, 248'W Deerfield Lot Size: 34'x 105' Assessed Valuation: Land $3,300.00 Improvement: $32,700.00 Total $36,000.00 (Masten District) The Office of Strategic Planning, Division of Real Estate has received a request from Mrs. Betty Barber and Mr. Michael Smart, 44 Northumberland Avenue, Buffalo, New York 14215 to purchase 34 Fernhill Avenue. The property will be renovated and used as a rental property. They have estimated the cost of renovations to be Four Thousand Six Hundred Fifty Dollars ($4,650.00) and have provided proof of financial ability to complete the purchase and repair of the property. The property consists of 1,356 square feet, one and one third story frame, one family dwelling in fair condition situated on a lot 34' x 105'. The property was acquired by the City through In Rem #41 in October 2007. There have been no other serious offers for the property, since being acquired by the City; The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchasers. The Division of Real Estate has investigated the sale of similar properties in the subject area. Sales range from Ten Dollars and Thirty Five Cents ($10.35) to Seventeen Dollars and Thirty Five Cents ($17.35), per square foot of living area. Mrs. Barber and Mr. Smart have agreed and are prepared to pay Fourteen Thousand Dollars ($14,000.00), Ten Dollars and Thirty Five Cents ($10.35) per square foot of living area for the subject property. They have also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 34 Fernhill Avenue to Mrs. Betty Barber and Mr. Michael Smart in the amount of Fourteen Thousand Dollars ($14,000.00). 1 am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. BRENDAN MEHAFFY EXECUTIVE DIRECTOR REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT. NO. 9 STRAT PLAN - REPORT OF SALE -64 N. PARADE (MASTEN) Office of Strategic Planning Real Estate Report of Sale 64 N. Parade, 259.80'W Fillmore Lot Size: 42'x 142' Assessed Valuation: Land $1,400.00 Improvement: $3,600.00 Total $5,000.00 (Masten District) The Office of Strategic Planning, Division of Real Estate has received a request from Habitat for Humanity Buffalo, Inc., Mr. Ron Talboys, 995 Kensington Avenue, Buffalo, New York 14215 to purchase 64 North Parade Avenue. Habitat for Humanity Buffalo Inc. will rehabilitate this property and resell to a low to moderate income homebuyer. Renovations will include new electrical, plumbing and heating and the exterior work will include new roof, windows and siding. Habitat has built or rehabilitated nearly two hundred properties in the City since 1985. The cost of acquisition was made possible by grants from the Martin Luther King, Jr. Community Development Corporation and the Margarete Wendt Foundation. The property consists of 3,368 square feet, two and one half story frame, two family dwelling in poor condition situated on a lot 42' x 142'. The property was acquired by the City through In Rem #41 in October 2007. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. The Division of Real Estate has investigated the sale of similar properties in the subject area. Sales range from Forty Five Cents ($.45) to Seventy Cents ($70), per square foot, land value. The structure contributes little or no value to the overall market value of the subject property. Habitat for Humanity Buffalo, Inc. has agreed and is prepared to pay Three Thousand Six Hundred Dollars ($3,600.00), Sixty cents ($.60) per square foot for the subject property. They have also agreed to pay for the cost of the transfer tax and recording fees I am recommending that Your Honorable Body approve the sale of 64 North Parade Avenue to Habitat for Humanity Buffalo, Inc., Mr. Ron Talboys in the amount of Three Thousand Six Hundred Dollars ($3,600.00). 1 am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 10 STRAT PLAN - UTILITY EASEMENT AGMENT NIAGARA MOHAWK FOR USE OF 75 SCHOOL (AKA 118 HAMPSHIRE) SCHOOL NO. 18 Utility Easement Agreement Niagara Mohawk for use of 75 School (a.k.a. 118 Hampshire) - School No. 18 Niagara 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. Golombek moved: That the above item be, and the above communication from the Office of Strategic Planning, dated May 22, 2012, be received and filed; and That the Director of Real Estate be, and he 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. 18, located at 118 Hampshire 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- 7 NOES- 0 NO. 11 STRAT PLAN - APPOINT DIRECTOR OF REAL ESTATE (NELSON) Certificate of Appointment Appointment Effective: 5/29/12 in the Department of Mayor's Office of Strategic Planning Division of Real Estate to the Position of Director of Real Estate Exempt Flat Starting Salary of $72,872. Christie R. Nelson, 487 Delaware Ave., Apt #4, Buffalo 14202 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE PRESIDENT OF THE COUNCIL NO. 12 AMENDED REGULAR COMMITTEE APPOINTMENTS May29, 2012 I hereby appoint the following Councilmembers to serve on Committees as shown: Claims; Chair; David Rivera Golombek, LoCurto, Russell Civil Service; Chair; Russell, Franczyk, Scanlon, Smith Community Development; Chair; Golombek LoCurto, Pridgen, Rivera, Russell Finance; Chair; Scanlon LoCurto, Pridgen, Russell, Smith Legislation; Chair; Pridgen Franczyk, Golombek, Rivera, Smith Rules; Chair; Fontana Russell, Smith RECEIVED AND FILED. NO. 13 AMENDED SPECIAL COMMITTEE APPOINTMENT I hereby appoint the following Councilmembers to serve on Committees as shown: Budget: Chair; Smith Golombek, Scanlon, Pridgen, Rivera Education: Chair: Smith Golombek, Scanlon, Pridgen MBEC Chair: Smith Golombek, Rivera, Russell Police Oversight Chair: Golombek Franczyk, Rivera, Russell Transportation Chair: Scanlon LoCurto, Rivera, Russell Waterfront Development Chair: Scanlon Franczyk, Golombek, Smith RECEIVED AND FILED FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO. 14 BFLO ZOOLOGICAL SOCIETY SEEKS COB'S SIGN OFF OF $400,000 GRANT Buffalo Zoological Society Of Buffalo, Inc. (the "Zoological Society ") seeks City of Buffalo's sign -off and certain agreements with regard to a $400,000 Grant to the Zoological Society from New York State Offices of Parks, Recreation and Historic Preservation (Environmental Protection Fund) for a Zoo Improvements Project PRIOR COUNCIL REERENCE: C.C.P. item No. 71, October 18, 2011 and C.C.P. Item No. 45, November 30, 2010. The Zoological Society is planning to build /create an Arctic Exhibit at the Buffalo Zoo. The New York State Offices of Parks, Recreation and Historic Preservation (Environmental Protection Fund) has approved $400,000 in grant funding to be utilized towards this goal. Because the Zoo is located on City -owned property, one of the conditions to the grant funding is a City of Buffalo Agreement under which the City of Buffalo agrees that the Zoo property improved with the grant funding will not, without prior consent of the State, be sold, leased or otherwise conveyed by the City for use for other than park purposes. The City is not required to provide funding in connection with this grant. For your reference and further background information about the $400,000 grant funding and the related Zoo improvements Arctic Exhibit project, I have attached the relevant grant application documents as well as the Agreement which the City of Buffalo is being requested to sign -off on. The subject $400,000 grant is a portion of the necessary funding, with the Zoo taking steps to raise the additional funding that will be necessary to complete the Arctic Exhibit all as described in the attached grant application materials. I am requesting that your Honorable Body authorize the Mayor to execute the attached Agreement and further that your Honorable Body authorize the Mayor and /or other City personnel to enter into such agreements and other appropriate arrangements and to take all such steps and actions as shall be necessary to facilitate the $400,000 State grant funding for the subject Zoo Arctic Exhibit related measures. Steven J. Stepniak Commissioner of Public Works, Parks and Streets Mr. Golombek moved: That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated May 22, 2012, be received and filed; and That the Commissioner of the Department of Public Works, Parks and Streets, be, and hereby is authorized on behalf of the City to accept the award of a grant, totaling $400,000.00 for a Zoo Improvements Project from the New York State Offices of Parks, Recreation and Historic Preservation (Environmental Protection Fund) and that the Mayor be, and he hereby is authorized to execute the necessary grant funding agreement and related documentation as shall be required or useful in facilitating the City of Buffalo's or the Department of Public Works, Parks and Streets' receipt and utilization of the grant funding. PASSED AYES -7 NOES- 0 NO. 16 CHANGE IN CONTRACT CITY COURT BASEMENT DETENTION CENTER JOB #1043 ELLICOTT DISTRICT I hereby submit to Your Honorable Body the following change for City Court, Basement Detention Center, Wilsandra Construction, C #93000815. 1. Furnish overtime work to finish flooring. Add $ 2,836.00 2. Furnish and install privacy fence for judges. Add $ 3,963.00 3. Delete intumescent fireproofing at vestibule. Subtract $ 5,445.00 4. Furnish and install facebrick for elevations 5/A200, 6/A200. Add $ 1,035.00 The foregoing changes results in a net increase in the contract of Two Thousand Three Hundred Eighty Nine and 00/100 Dollars ($2,389.00). Summary: Original Contract Amount $1,364,000.00 Change Order #1 Add $ 20,640.70 Change Order #2 Add $ 14,369.30 Amount of These Change Orders ( #3 & #4) Add $ 2,389.00 Revised Contract Amount $1,401,399.00 Costs have been reviewed by the consulting architect (Kideney Architects) and the Department of Public Works, Parks &Streets and were found to be fair and equitable. Funds for this work are available in 34323006 445100 - Buildings. Mr. Golombek moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated May 21, 2012, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to execute Change Orders #3 and #4 in the amount of $2,389.00 (Original Contract Amount $1,364,000.00 + Amount of Change Order #1 $20,640.70 + Amount of Change Order #2 $14,369.30 + Amount of Change Orders #3 and #4 $2,389.00 for a total revised contract amount of $1,401,399.00) for the City Court Basement Detention Center to Wilsandra Construction, C #9300815. Funds for the project will be available in Account 34323006 445100 - Buildings. PASSED AYES -7 NOES- 0 NO. 16 CHANGE IN CONTRACT MLK JR. PARK HUMBOLDT BASIN JOB #1122 MASTEN DISTRICT I hereby submit to Your Honorable Body the following changes for MLK Jr. Park, Humboldt Basin, Man O'Trees, C #93000785. 1. Reconstruct perimeter wall, including construction of new concrete Add $ 35,725.45 sidewalk pavement section, concrete curb, concrete piers, and installation of precast concrete cap stone. Provide and install 12 Mystical Fun Valve /Nozzle in above ground piers. The foregoing changes result in a net increase in the contract of Thirty Five Thousand Seven Hundred Twenty Five and 45/100 Dollars ($35,725.45). Summary: Original Contract Amount $3,090,445.39 Amount of This Change Order $ 35,725.45 Revised Contract Amount $3,178,375.45 Costs have been reviewed by the consultant (Wendel Duchscherer) and the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in 32080006 445100 - Buildings. Mr. Golombek moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated May 21, 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 $35,725.45 (Original Contract Amount - $3,090,445.39 + Amount of Change Order - $35,725.45 for a total revised contract amount of $3,178,375.45) for the MLK Jr., Park Humboldt Basin to Man O'Trees, C #9300785. Funds for the project will be available in Account 32080006 445100 - Buildings PASSED AYES- 7 NOES- 0 NO. 17 CHANGE IN CONTRACT POLICE GARAGE CARWASH REPLACEMENT JOB #1038 ELLICOTT DISTRICT I hereby submit to Your Honorable Body the following changes for the Police Garage, Carwash Replacement, Belanger, Inc., C #93000806. 1. Furnish and install the electrical power and control wiring required for the Saber car wash. Add $8,341.00 The foregoing change results in a net increase in the contract of Eight Thousand Three Hundred Forty One and 00/100 Dollars ($8,341.00). Summary Original Contract Amount $155,500.00 Amount of the Change Order Add $8,341.00 Revised Contract Amount $163,841.00 Costs have been reviewed by the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in 33320306 445100 - Buildings. Mr. Golombek moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated May 21, 2012, be received and flied; 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 $8,341.00 (original Contract Amount - $155,500.00 + Amount of Change Order - $8,341.00 for a total revised contract amount of $163,841.00) for the Police Garage Carwash Replacement to Belanger, Inc., C #93000806. Funds for the project will be available in Account 33320306 445400 - Buildings. PASSED AYES -7 NOES -0 NO. 18 CHANGE ORDER #1 ERIE BASIN MARINA ENGINEERING & DESIGN CONTRACT NO. 93000311 ITEM # 61, CCP MARCH 17, 2009 The Department of Public Works, Parks & Streets is requesting permission of Your Honorable Body to increase Contract Number 93000311 as follows: Original Contract $247,000.00 Change Order# 1 $22,700.00 New Contract Amount $270,300.00 The scope of this contract is the engineering, design and inspection of the rehabilitation work at the Erie Basin Marina. As construction progressed for this project, various initial designs were modified as a result of field conditions. This additional work specifically for the restroom and shower facilities as well as the boardwalk caused oar consultant additional man hours, time and resources. I have reviewed this change with our project engineer and find it fair and equitable. Funding for the additional work is available in Account 31980006 - 445100, an account(s) to be named at a later date. Mr. Golombek moved That the above communication from the Commissioner of Public Works, Parks and Streets dated May 21, 2012, be received mad 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 $22,700.00 (Original Contract Amount - $247,600.00 + Amount of Change Order - $22,700.00 for a total revised contract amount of $270,300.00) for the engineering, design and inspection of the rehabilitation work at the Erie Basin Marina to Contract Number 93000311. Funds for the project will be available in Account 31980006 - 445100, and an account(s) to be named at a later date. PASSED AYES -7 NOES -0 NO. 19 EXTEND CONTRACT FOR PORTABLE TOILETS FOR CITY OF BUFFALO PARKS This is to request Your Honorable Body authorize the Department of Public Works, Parks and Streets to extend the Portable Toilets for the City of Buffalo Parks contract between City of Buffalo and Bail Toilet & Septic, Inc. on a month to month basis from July 1 st 2012 through September 30 2012 at a monthly cost of $7,692.00 while formal procurement of a new contract is executed. I certify that this increase is fair and equitable for the work involved. Funding for this work is available in Account #14222006 - 444201 plus an account to be named at a later date. Mr. Golombek moved That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated May 23, 2012, be received and filed; and That the Commissioner of Public Works, Parks and Streets be, and he is hereby authorized to enter into a extend the portable toilets for the City of Buffalo Parks contract between the City of Buffalo and Ball Toilet & Septic, Inc. on a month -to -month basis from July 1, 2012 through September 30, 2012, at a monthly cost of $7,692.00, while a formal procurement of a new contract is executed. Funding for this work is available in Account # 14222006- 444201, and an account to be named at a later date. PASSED AYES -7 NOES -0 NO. 20 PERMISSION TO HIRE CONSULTANT DISTRICT HEAT DISTRIBUTION SYSTEM IMPROVEMENTS ELLICOTT DISTRICT I hereby request that Your Honorable Body authorize the Department of Public Works, Parks & Streets to hire a consultant to provide architectural and engineering services for improvements to the City's District Heat System. The funds are available in 31320306 445100 - Buildings. Mr. Golombek moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated May 22, 2012, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to hire a consultant to provide architectural and engineering services for improvements to the City's District Heat System. Funds are available in Account 31320306 445100 - Buildings. PASSED AYES -7 NOES -0 NO. 21 PERMISSION TO HIRE CONSULTANT FIRE ENGINE 35 RECONSTRUCTION FILLMORE DISTRICT I hereby request that Your Honorable Body authorize the Department of Public Works, Parks & Streets to hire a consultant to provide architectural and engineering services for structural improvements and reconstruction of apparatus bay floor to support new fire trucks at Fire Engine 35. The funds are available in 34323706 445100 - Buildings. Mr. Golombek moved That the above communication from the Commissioner of Public Works, Parks and Streets dated May 22, 2012, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to hire a consultant to provide architectural and engineering services for structural improvements and reconstruction to of apparatus bay floor to support new fire trucks at Fire Engine 35, Funds are available in Account 34323706 445100 - Buildings. PASSED AYES -7 NOES -0 NO. 22 [: PERMISSION TO HIRE CONSULTANT [: MARCY CASINO [: NEW INTERIOR ELEVATOR [: DELAWARE DISTRICT I hereby request that Your Honorable Body authorize the Department of Public Works, Parks & Streets to hire a consultant to provide architectural and engineering services for a new interior elevator at Marcy Casino. The funds will be available in from the 2012 bond sale in April. Mr. Golombek moved That the above communication from the Commissioner of Public Works, Parks and Streets dated May 22, 2012, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to hire a consultant to provide architectural and engineering services for a new interior elevator at Marcy Casino. Funds will be available from the 2012 bond sale in April. PASSED AYES -7 NOES -0 NO. 23 PERMISSION TO INCREASE CONSULTANT CONTRACT WATTS ARCHITECTURE & ENGINEERING, P.C. [PORTER AVENUE RECONSTRUCTION -PHASE II CONTRACT — 93000124 NIAGARA DISTRICT I hereby submit to your Honorable Body the following change for this contract. Watts Architecture & Engineering, P.C. is the engineering consultant for reconstruction of Porter Avenue between Niagara Street and Symphony Circle. This increase is necessary for additional services related to Design and construction inspection services for the project. The Construction inspection costs are based on actual time spent by the inspector in the field during construction phase. Current Contract Amount: $ 429,047. 00 This Change Order: $117 r 666. 00 Total: $ 539,713.00 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 and Streets to issue said increase for $117,666.00 This is a Federal and State funded project with City's share of 5 %. The funds are available in capital Mr. Golombek moved That the above communication from the Commissioner of Public Works, Parks and Streets dated May 22, 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 $117,666.00 (additional design and construction inspection services) to the Porter Avenue Reconstruction - Phase 11. This is a Federal and State funded project with the City's share of 5 %. The funds are available in capital project account to be named at a later date. PASSED AYES -7 NOES -0 NO. 24 REPORT OF EMERGENCY BID BROADWAY GARAGE PARTIAL ROOF RECONSTRUCTION JOB #1247 ELLICOTT DISTRICT I received the following emergency bids for the Broadway Garage, Emergency Partial Roof Reconstruction. Due to the emergency condition, we must proceed with this work immediately The roof is caving in under the deck, putting pedestrians in danger- Jos. A. Sanders & Sons $13,471.00 P 0 Box 814, Buffalo, NY Grove Roofing Services $16,100.00 131 Reading, Buffalo, NY Jameson Roofing $22,375.00 3761 E. Lake, Dunkirk, NY The Commissioner of Public Works, Parks & Streets has declared an emergency and entered into an agreement with Jos. A. Sanders & Sons- Funding for this project is available in 34322706 445100 - Buildings. Mr. Golombek moved That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated May 22, 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 $16,100.00 to Grove Roofing Services for emergency roof reconstruction. Funding for this project is available in Account # 34322706 445100 - Buildings. PASSED AYES -7 NOES -0 NO. 26 REQUEST FOR APPROVAL FOR GUARD SECURITY OF THE CITY OF BUFFALO POOLS BETWEEN CITY OF BUFFALO AND U.S.A. POOLS OF N.Y., INC. An advertisement for bids was posted March 14, 2012 and I received the following formal sealed bids for Guard Security of the City of Buffalo Pools which were publicly opened and read on March 28, 2012. The following bids were received: Company Unit Bid Bid Total Executive Investigation & Security $24.90/hr $100,396.80 Command Security Corp $24.54/hr $98,945.28 USA Pools of New York $23.75/hr $95,760.00 Rivera BCJS Investigations, Inc $20.07 /hr bid withdrawn I hereby certify that the foregoing is a true and correct statement of all bids received and that U.S.A. Pools of N.Y., Inc, with a bid of ninety five thousand seven hundred and sixty dollars and zero cents ($95,760.00), is the lowest responsible bidder in accordance with the plans and specifications. I hereby respectfully request that Your Honorable Body approve this agreement between the City of Buffalo and U.S.A. Pools of N.Y., Inc. to provide professional services necessary for guard security services at City of Buffalo pools. Funds for this work are available in Account #14222006- 434000. Your consideration toward this request is greatly appreciated. Mr. Golombek moved That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated May 23, 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 $95,760.00 to USA Pools of New York, to provide professional services necessary for guard security services at City of Buffalo pools. Funds for this work are available through Account #14222006 - 43400. PASSED AYES -7 NOES -0 NO. 26 REQUEST PERMISSION TO ACCEPT DONATION OF DESIGN AND CONSTRUCTION SERVICES FOR JERSEY STORAGE ROOM ADDITION TO LAFAYETTE ICE RINK FROM NORTH BUFFALO BISONS HOCKEY ASSOC. Permission is hereby requested from Your Honorable Body to accept donation of design and construction services for the following to be administered by the North Buffalo Bisons Hockey Association, Inc. to be implemented in Lafayette Ice Rink at 156 Tacoma Avenue, Buffalo, New York as described: Name Amount Location Jersey Storage Room Addition $12,000.00 Lafayette Ice Rink Your consideration toward this request is greatly appreciated. Mr. Golombek moved That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated May 23, 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 donation of design and construction services for the jersey storage room addition to the Lafayette Ice Rink from the North Buffalo Bisons Hockey Association, Inc. PASSED AYES -7 NOES -0 FROM THE CORPORATION COUNSEL NO. 27 AGREEMENT BETWEEN CITY OF BUFFALO AND BUFFALO PLACE, INC. ( "BUFFALO PLACE ") FOR CONTINUED PAYMENTS BY CITY FOR SERVICES PERFORMED BY BUFFALO PLACE Buffalo Place, Inc. (and later also Buffalo Place Foundation, Inc.) has since at least 1997 played a central role in providing important quality of life amenities in Buffalo and also in performing basic maintenance services at Buffalo Place such as cleaning, snow removal, painting, litter control /removal and various other important services which would otherwise have been performed directly by the City of Buffalo. The existing agreement between the City and Buffalo Place expires on June 30, 2012. Accordingly, we are requesting that your Honorable Body authorize a formal renewal /extension of the agreement between Buffalo Place and the City in substantially the form of agreement which is attached to this communication. The proposed renewed agreement consists of the following material terms: 1. Three year term running from July 1, 2012 through Jane 30, 2015. 2. Annual City payment to Buffalo Place, Inc. in the amount of $125,000 in consideration of the services provided. 3. Continued provision of services by Buffalo Place, Inc. I am requesting that your Honorable Body authorize the Mayor to execute a new agreement with Buffalo Place, Inc. containing the above referenced terms and generally conforming to the form and substance of the existing agreement between the City and Buffalo Place, with only such clarifications and modifications as are recommended by the Corporation Counsel's office in conjunction with finalizing the final form of the agreement with Buffalo Place, Inc. I am further requesting that your Honorable Body authorize the Mayor and /or other City personnel to enter into such agreements and other appropriate arrangements and to take all such steps and actions as shall be necessary to facilitate the implementation of the final agreement in its final form. Mr. Golombek moved That the above item be, and the above communication from the Corporation Counsel, dated May 22, 2012, be received and filed; and That the Common Council hereby authorizes a formal renewal /extension of the agreement between Buffalo Place and the City. The proposed renewed agreement consists of the following material terms: 1. Three -year term running from July 1, 2012 through June 30, 2015, 2. Annual City payment to Buffalo Place, Inc. in the amount of $125,000.00 in consideration of the services provided. 3. Continued provision of services by Buffalo Place, Inc. That the Mayor be authorized to execute a new agreement with Buffalo Place, Inc., containing the above - referenced terms and generally conforming to the form and substance of the existing agreement between the City and Buffalo Place, with only such clarifications and modifications as are recommended by the Corporation Counsel's Office in conjunction with finalizing the final form of the agreement with Buffalo Place. PASSED AYES -7 NOES -0 NO. 28 AGREEMENT WITH KLEINHAN'S MUSIC HALL MANAGEMENT, INC.) ITEM NO. 33, C.C.P. 11/30/10] Attached please find a proposed extension of the City's September 1, 2009 agreement with Kleinhans Music Hall Management, Inc. to continue management of Kleinhans Music Hall for the period of July 1, 2011 through June 30, 2012 and for the period from July 1, 2012 through June 30, 2013. The other terms and conditions of the City's September 1, 2009 agreement with Kleinhans Music Hall Management, Inc. shall continue as authorized therein. Thank you for your prompt attention to this matter. Mr. Golombek moved That the above item be, and the above communication from the Corporation Counsel, dated May 22, 2012, be received and filed; and That the Common Council hereby approves a proposed extension of the City's September 1, 2009 agreement with Kleinhans Music Hall Management, Inc. to continue management of Kleinhans Music Hall for the period of July 1,2011 through June 30, 2012, and for the period from July 1, 2012 through June 30, 2012. The other terms and conditions of the City's September 1, 2009 agreement with Kleinhans Music Hall Management, Inc. shall continue as authorized herein. PASSED AYES -7 NOES -0 NO. 29 BRACO- I REQUEST FOR REFUND OF EXCESS REAL PROPERTY TAXES FOR THE 2011- 2012 TAX YEAR On November 30, 1977, an Agreement was executed by the City of Buffalo and the BUFFALO REHABILITATION ACTION COMPANY, (BRACO- 1), a limited partnership, duly organized and existing pursuant to the provisions of Article V of the Private Housing Finance Law of the State of New York. By the terms of said Agreement, BRACO -If's real property tax liability was limited as to certain parcels of real property in the City of Buffalo pursuant to and in accordance with Section 236 of the National Housing Act of 1968 and Article V of the Private Housing Finance Law. Specifically, in accordance with Federal Housing Administration requirements, the Agreement imposes a real property tax ceiling in the amount of Forty Five Thousand Five Hundred Ninety -Nine Dollars ($45,599.00) on City and County Taxes for the real property identified therein. Said Agreement further provides that said real property shall be exempt from any further similar tax for a period of forty (40) years, beginning December 30, 1976. Your Honorable Body passed a resolution approving said Agreement and authorizing the tax relief provided therein on February 6, 1973. Consequently, if in any one fiscal year the combined City and County real property tax liability exceeds Forty Five Thousand Five Hundred Ninety - Nine Dollars ($45,599.00), BRACO -1 is entitled to a refund of the excess taxes paid above and beyond said ceiling amount. The refund is apportioned between the City of Buffalo and the County of Erie, and is based upon the tax rates prevailing at the time. The parcels subject to the Agreement are as follows: 210 Allen, 359 Busti, 346 Franklin, 352 Franklin, 74 Grant, 922 Main, 279 Niagara, 231 West, 79 Mariner, and 87 Whitney. The application before your Honorable Body pertains to the 2011 -2012 tax year and is broken down as follows: 2011 -2012 City of Buffalo Real Property Tax: 2012 Erie County Real Property Tax: Total Tax Paid (City & County): Less Combined Ceiling as per Agreement: Amount of Overpayment to City & County: Portion to be refunded by the City &Buffalo (85.21 % of Total Overpayment Amount): I respectfully request that your Honorable Body authorize the Comptroller to issue a property tax refund to BRACO -1 in the amount of Thirteen Thousand Four Hundred Six Dollars and Fifty -Three Cents ($13,406.53). Said amount is the City's portion of the excess real property taxes paid on the real property listed herein for the 2011 -2012 tax year. Mr. Golombek moved That the above item be, and the above communication from the Corporation Counsel, dated May 23, 2012, be received and filed; and That the Common Council hereby authorized the Comptroller to issue property a tax Hundred Six Dollars and Fifty - refund to BRACO -1 in the amount of Thirteen Thousand Four Three Cents ($13,406.53). Said amount is the City's portion of the excess real property taxed paid on the real property listed for the 2011 -2012 tax year. PASSED AYES - 7 NOES — 0 NO. 30 CLAIMS COMMITTEE AGENDA CLAIMS COMMITTEE MEETING Wednesday, June 6, 2012 — 11:00 a.m. Hon. David A. Rivera, Chairman AGENDA A. 1. Bandzul, Andrzej $ 20,000.00 A. 2. Bannerman, Martin, Mensah $ 12,000.00 A. 3. Bozeman, Patricia $ 3,000.00 A. 4. Darling, Sean $ 6,000.00 A. 5. DeWind, Todd $ 15,000.00 A. 6. Ferrer, Pedro Louis & Pedro $ 60,000.00 A. 7. Franklin, Sarah (Grable) $ 18,000.00 A. 8. Golebieski, Brian D. $ 140,000.00 A. 9. Hadala, Richard $ 5,000.00 A. 10. Hart, Keon $ 9,000.00 A. 11. Johnson, Barry $ 10,000.00 A. 12. Pawlicki, Tina $ 233,750.00 A. 13. Rainey, Theodoris & Jerris $ 10,000.00 A. 14. Teibel, Charleen $ 27,500.00 A. 15. Woods, Denise $ 7,500.00 REFERRED TO THE COMMITTEE ON CLAIMS NO. 31 TAX FORECLOSURE PROCESS REFORMS On May 8, 2012, 1 appeared before your Honorable Body's Finance Committee, at which time the Committee requested that I file a brief synopsis of the In Rem Tax Foreclosure Reform Package implemented for In Rein 46. Please let this Communication serve as a response to that request. Starting with this year's In Rem Tax Foreclosure Sale (In Rem 46): 1. Foreclosure proceedings will only commence after a delinquent account reaches $200.00• 2. The total foreclosure fee has been reduced from $445.00 to $305.00. 3. A gradual fee schedule has been implemented where the taxpayer had until March 15, 2012, as opposed to late January to pay the arrears without imposition of the fee. On March 15, 2012, a $150.00 fee was imposed to cover the cost of conducting title searches on the property pursuant to the Real Property Tax Law. 4. On May 1, 2012, the fee escalated to $305 for those that had not paid their arrears to cover the publishing, posting and mailing costs associated with providing adequate notice under the Real Property Tax Law. 5. The City's In Rem Tax Foreclosure Sale is scheduled for the week of October 29, 2012 and plans to assist property owners at the Courthouse, during the week prior thereto, are now being finalized- I will immediately apprise this Honorable Body as more information concerning this year's Tax Foreclosure Sale becomes available. Please do not hesitate to contact the undersigned should you have any questions or concerns regarding this matter. RECEIVED AND FILED Ia:161kho9:I F -161 0 1 14 :Kola x90 70 1 [6LTAI lei C=kTl4116] :ETAI4 ref kill:24NLTil11 ft?1 Personal Injury Total: $ 576,750.00 --------------------------------------------- - - - - -- Property Damage ----------------------------------------------- B. 1. Butler, Shannon $ 155.18 B. 2. Carter, Anthony $ 530.00 B. 3. Cruz, Adnel $ 600.00 B. 4. Flood, Annie $ 1,418.10 B. 5. Hojnowski Transport $ 738.96 B. 6. Krause, Maureen $ 267.52 B. 7. Metlife a /s /o Chandra Pridgen $ 4,622.32 B. 8. Mordaunt, Heather $ 1,818.41 B. 9. National Fuel $ 166.74 B. 10. Nationwide Ins. a /s /o $ 1,482.42 Nasir Baqash & Nasheya B. 11. Pochron, Kathleen $ 152.03 B. 12. Profeta, Brian $ 435.14 B. 13. Ruberto, Richard F. Sr. $ 1,047.26 B. 14. Ryan, David C. $ 111.25 B. 15. Salley, Regina $ 780.00 B. 16. State Farm Ins. a /s /o Todd Walter $ 1,019.06 B. 17. Traina, Gabriel c/o Daniel Traina $ 2,858.22 Property Damage Total: $ 18,202.61 ----------------------------------------- - - - - -- - Prior Fiscal Year Invoices -------------------------------------- C. 1. ARC & COMM $ 225.00 C. 2. AT &T $ 13,464.16 C. 3. Chiampou Travis Besaw & Kershner, LLP.$ 13,448.00 C. 4. Goldberg Segalla, LLP $ 16,835.00 C. 5. Intercall $ 28.01 C. 6. Irish Propane $ 84.80 C. 7. Lardon Construction $ 6,263.40 C. 8. Let's Get Educated $ 90.00 C. 9. Verizon Network Integration $ 2,851.01 PFY Invoice Total: $ 53,289.38 Miscellaneous Reimbursement D. 1. Blue, Mary $ 90.00 D. 2. Houston, Chantel $ 100.00 D. 3. Muzyka, Mary $ 3.00 Reimbursement Total: $ 193.00 GRAND TOTAL: $ 648,434.99 REFERRED TO THE COMMITTEE ON CLAIMS NO. 31 TAX FORECLOSURE PROCESS REFORMS On May 8, 2012, 1 appeared before your Honorable Body's Finance Committee, at which time the Committee requested that I file a brief synopsis of the In Rem Tax Foreclosure Reform Package implemented for In Rein 46. Please let this Communication serve as a response to that request. Starting with this year's In Rem Tax Foreclosure Sale (In Rem 46): 1. Foreclosure proceedings will only commence after a delinquent account reaches $200.00• 2. The total foreclosure fee has been reduced from $445.00 to $305.00. 3. A gradual fee schedule has been implemented where the taxpayer had until March 15, 2012, as opposed to late January to pay the arrears without imposition of the fee. On March 15, 2012, a $150.00 fee was imposed to cover the cost of conducting title searches on the property pursuant to the Real Property Tax Law. 4. On May 1, 2012, the fee escalated to $305 for those that had not paid their arrears to cover the publishing, posting and mailing costs associated with providing adequate notice under the Real Property Tax Law. 5. The City's In Rem Tax Foreclosure Sale is scheduled for the week of October 29, 2012 and plans to assist property owners at the Courthouse, during the week prior thereto, are now being finalized- I will immediately apprise this Honorable Body as more information concerning this year's Tax Foreclosure Sale becomes available. Please do not hesitate to contact the undersigned should you have any questions or concerns regarding this matter. RECEIVED AND FILED Ia:161kho9:I F -161 0 1 14 :Kola x90 70 1 [6LTAI lei C=kTl4116] :ETAI4 ref kill:24NLTil11 ft?1 INSPECTION SERVICES NO. 32 FOOD STORE (NEW) 333 AMHERST(NORTH) Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 333 Amherst (Family Dollar Store #9003 /Colin McGinnis) and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collection Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Mr. Golombek moved That the above item be, and the above communication from the Department of Permit and Inspection Services, dated May 10, 2012, be received and filed; and That the Commissioner of Permits and Inspections Services is hereby authorized pursuant to Chapter 194 of the City Code to issue a Food Store License to Colin McGinnis d /b /a Family Dollar Store #9003 located at 333. PASSED AYES - 7 NOES — 0 NO. 33 FOOD STORE (NEW) 139 GRANT(NIAGARA) Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 139 Grant (Shawarma King /Ahmed H. Hatim) and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collection Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION. NO. 34 RESTAURANT DANCE LICENSE (RENEWAL) 1200 NIAGARA (AKA 1 FERRY WEST) Pursuant to Chapter 150 of the City of Buffalo Ordinances, please be advised that I have caused an investigation into the premises located at 1200 Niagara for which said renewal application for a Restaurant Dance Class III license is being sought by Manny Lizama @ Rich Renaissance Niagara and according to the attached reports from the Fire Department, Police Department and Building Inspections, I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Mr. Golombek moved That the above item be, and the above communication from the Department of Permit and Inspection Services, dated May 17, 2012, be received and filed; and That the Commissioner of Permits and Inspections Services is hereby authorized pursuant to Chapter 150 of the City Code to issue a Restaurant Dance Class IV License (Renewal) to Manny Lizama d /b /a Rich Renaissance Niagara, located at 1200 Niagara Street (a /k/a 1 Ferry West). PASSED AYES -7 NOES -0 NO. 35 SECOND HAND DEALER 195 FOURTEENTH (NIAGARA) Pursuant to Chapter 254 of the City of Buffalo Ordinances please be advised that I have examined the attached application for a Second Hand Dealer License located at 195 Fourteenth and find that as to form is correct. I have caused an investigation into the premises for which said application for a second hand dealer license is being sought and according lo the attached reports from the Zoning Office, Fire Department and Building Inspections. I find it compiles with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of Alexander Wenzael The attached thereto for Alexander Wenzael d /b /a /Shiny Pennies. This request is submitted for your approval or whatever action you deem appropriate. Mr. Golombek moved Thin the above item be, and the above communication from the Department of Economic Development, Permit & Inspection Services, dated May 22, 2012. be received and filed; and That pursuant to Chapter 254 of the City Code— the Commissioner of Economic Development permit and Inspection Services be, and he hereby is authorized to grant a Second Hand Dealer License to Alexander Wenzael d /b /a Shiny Pennies. located at 195 Fourteenth on the condition there will be no outdoor storage of appliances or goods for sale. PASSED AYES -7 NOES -0 NO. 36 USED CAR DEALER 382 GENESEE (ELLICOTT) Pursuant to Chapter 254 of the City of Buffalo Ordinances, please, be advised that I have examined the attached application for a Used Car Dealer License located at 382 Genesee and find that as to form is correct. I have caused an investigation into the premises for which said application for a used car dealer license is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspections; I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of Demetrius Barnes. The attached thereto for Demetrius Barnes /dba /DVDV's Auto Sales Inc. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION. NO. 37 USED CAR DEALER 742 KENSINGTON Pursuant to Chapter 254 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Used Car Dealer License located at 742 Kensington and find that as to form is correct. I have caused an investigation into the premises for which said application for a used car dealer license is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspections; I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of Henry Tillman. The attached thereto for Henry Tillman /dba /AII In 1 Automotive. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION. FROM THE COMMISSIONER OF ADMINISTRATION. FINANCE, POLICY & URBAN AFFAIRS NO. 38 SALE OF USED TIRE The Division of Purchase continually solicits various methods of creating cost savings along with generating revenue for the City of Buffalo. We are requesting permission from your Honorable Body to sell used tires from the Division of Inventory & Stores. that for safety reasons can no longer be used on emergency vehicles due to tread, wear. Bid proposal #276 was sent out to 15 used tire stores and taxi companies. An offer was received from Fox Tire Co Inc. located at 1035 William Street. Buffalo, New York. A sample of the price they would pay for our tires is: 235/55 R17 @ $3.50 per tire, 215/60/R16 @ $5.00 per tire. Currently the City of Buffalo does not receive any money for our used tires but disposes of them at the East Side recycling site at a cost of $40 /ton. This contract for the sale of our tires would be from the date of your approval through June 36 2013, with three (3) one year options, if agreeable by both parties. Mr. Golombek moved That the above item be, and the above communication from the Director of Purchase, dated May 11, 2012, be received and filed; and That the Common Council hereby authorizes the Director of Purchase to enter into a contract with Fox Tire, Co., Inc., located at 1035 Williams Street, Buffalo, New York for the sale of used tires from the Division of Inventory & Stores that for safety reason can no longer be used on emergency vehicles due to tread wear. The contract for the sate of used tires would be from the date of approval through June 30, 2013, with three (3) one -year options. PASSED AYES -7 NOES -0 NO. 39 SALE OF VEHICLES /EQUIPMENT Th Division of Purchase is requesting permission to sell the listed below vehicles /equipment by means of auction /scrap All vehicles /equipment are beyond there useful life. PW -21 2002 Doage Dakota S -127 1995 Peterbuilt Dump S -128 1995 Peterbuilt Dump S -129 1997 Peterbuilt Dump E -625 1997 Chevy S -10 Blazer (12) 10 Foot Reversible Plow Blades PK -9206 Cushman Mower PK -9407 Cushman Mower PK -940— Cushman Mower P -048 2004 Ford Taurus P -109 2004 Ford Taurus P -119 2001 Ford Taurus P -172 2001 Ford Taurus 15 -173 2001 Ford Taurus P -175 2001 Ford Taurus P -176 2001 Ford Taurus P -177 2001 Ford Taurus P -1.78 2001 Ford Taurus P -179 2001 Ford Taurus P -182 2001 Ford Taurus P -183 2001 Ford Taurus P -184 2001 Ford Taurus P -186 2001 Ford Taurus P -188 2001 Ford Taurus P -201 2001 Cadillac P -298 2002 Ford CV P -299 2002 Ford CV P -319 2003 GMC Suburban P -527 1985 Dodge Van (2) EZ GO Golf Carts Serial # 562072 and 562929 P -744 2007 Ford CV P -997 1999 Lexus P -2100 Chevy Tow Truck PKS- 1998 Chevy Dump Truck Mr. Golombek moved: That the above item be, and the above communication from the Director of Purchase, dated May 22, 2012, be received and filed; and That Division of Purchase is authorized to sell the vehicles listed the May 22, 2012 Communication, by means of auction /scrap. PASSED AYES -7 NOES -0 NO. 40 SOLE SOURCE The Division of Purchase is requesting permission from your Honorable Body to purchase from a sole source provider as per the request of the Buffalo Police Department. The full simulator system was purchased for use in the Buffalo Police firing range in April of 2009 from Virtra Systems. This existing system is used for training of the Police Officers with fire arms. Funding is available and a request was entered on requisition #53407409. for an upgrade to the existing Virtra System which encompasses maintenance. operating system /software upgrades some new equipment items, training and shipping. Virtra System is the only supplier that is capable of upgrading the proprietary software and equipment of this system. The cost to upgrade the current system is $27,685 versus the cost of a new simulator system that we estimate at the cost of $150.000 plus. The system upgrade is being funded through a DEA grant. This request for sole source procurement has been reviewed by the City of Buffalo Law department. That the above item be, and the above communication from the Director of Purchase, dated May 11, 2012, be received and filed; and That the Division of Purchase is authorized to purchase from a sole source provider as per the request of the Buffalo Police Department a full simulator system for use of police officer training with fire arms. Funding is available through a grant from the DEA. PASSED FROM THE CITY CLERK NO. 41 NOTICE OF INTENTION -NAME PARK AT 828 S. DIVISION AND LORD ST "TYLER LIKOS MEMORIAL PARK" This is to advise you that the public hearing for the above item Is set for 06/12/2012 at 2:00 am in The Common Council Chambers. This will be advertised in the Buffalo News on 06/01/2012 and 06/08/2012. RECEIVED AND FILED NO. 42 RESPONSE FOR AMENDMENT OF CHICKEN LICENSE ORDINANCE Honorable Common Council; The proposed amendment to the Chicken ordinance will be a stronger assurance to the residents living near the coop that the area will be kept in a more sanitary condition. Sincerely; Gerald Chwalinski City Clerk RECEIVED AND FILED NO. 43 BOARD OF ETHICS MEETING MINUTES FEBRUARY 21, 2012 City of Buffalo Board of Ethics Meeting Tuesday, February 21, 2012 (1/24/2012 rescheduled - no quorum) Agenda MEMBERS Douglas Coppola James Magavern Eleanor Paterson Richard Sullivan Gerald Chwalinski David Rodriguez Cavette Chambers NEW BUSINESS Roll Call Review Minutes [or the June 7, 2011 Board of Ethics meeting Status on this year's Disclosure process (Milly) OLD BUSIN ESS 1. Update regarding amendment of the City Code (Section 12 -24) with reference to the Board's jurisdiction a year after Employee's separation of service with the City. 2. Letter from Council President Franczyk re: 3uffalc News Article Concerning allegations of Mayor intervening in Police matter TO assist Stokes - Item has been tabled until outside investigation agencies nave reported their findings. 3. Letter to Chairman regarding allegations of coercing employees via e-mail -Item has been tabled pending a status report from outside agencies that are currently reviewing these charges. 4. Council correspondence to the Board of Ethics regarding Mr. Trezevant's allegations. The Committee has deferred consideration of efforts to the outside entities that are currently looking into this matter (District Attorney /HUD). Next meeting is scheduled for: Tuesday, February 21, 2012 City of Buffalo Board of Ethics Meeting Minutes Tuesday, June 7. 2017 Members In Attendance: Douglas Coppola, Richard Sullivan, James Magavern, Gerald Chwalinski, Eleanor Paterson Excused: Cavette Chambers New Business: 1) Roll Call 2) The board reviewed the minutes of March 22, 201 1 meeting which were approved and received and filed. 3) A brief report was given by Ms. Castro regarding the completion for the Disclosures process for 2011. 4) Correspondence from the Mayor regarding Sabres game tickets. He and his family were guests of Pagula family at a Sabres game. Taking into consideration section - 2 -11 so long as the gift of the tickets was not meant with intention to influence or reward, and no business is pending with the City, the board received and filed this item. 5) An item filed by the Mayor regarding traveling to Albany with the UB President in support Of UB 20/20. Solar ,S ports System sponsored this trip and has no interest in any contract or transaction with the City. The Board agreed to receive ant file. Old Business: Tim Ball {Law Department) informed the Clerk's office that the amendment of the City Code (Section 12 -24) with reference to the Board's jurisdiction a year after Employee's separation of service with the City will be filed with the Council, The Clerk's office will check periodically with the Law Department for updates on this filing. Letter from Council President Franczyk re: Buffalo News Article concerning allegations of Mayor intervening in Police matter to assist Stokes - Item has been tabled until outside investigation agencies have reported their findings. 3, Letter to Chairman regarding allegations of coercing employees via e-mail - Item has been tabled pending a status report from outside agencies that are currently reviewing these charges. 4. Council correspondence to the Board of Ethics regarding Mr. Trezevant's allegations. The Committee has deferred consideration of efforts to the outside entities that are currently looking into this matter (District Attorney /HUD). A tentative meeting will be scheduled for Tuesday, July 26,2011 provided we have items to discuss on our agenda. Meeting Adjourned RECEIVED AND FILED NO. 44 BOARD OF ETHICS MEETING MINUTES MAY 1, 2012 City of Buffalo Board of Ethics Meeting Tuesday, May I, 2012 Agenda MEMBERS Douglas Coppola James Magavern Eleanor Paterson Richard Sullivan Gerald Chwalinski Cavette Chambers (on behalf of Tim Ball) NEW BUSINESS Roll Call Review Minutes for the February 21,2012 Board of Ethics meeting Status on this year's Disclosure process (Sharon) OLD BUSINESS 1. Update by Cavette regarding amendment of the City Code (Section 12 -24) with reference to the Board's jurisdiction a year after Employee's separation of service with the City. 2. Update regarding BOE board vacancy by Doug. Next meeting is scheduled for: Tuesday, June 19, 2012 City of Buffalo Board of Ethics Meeting Minutes Tuesday, February 21, 2012 Members in Attendance: Douglas Coppola, Richard Sullivan, James Magavern, Gerald Chwalinski. Eleanor Paterson, Cavette Chambers Guest: Aaron Besecker, Buffalo News. New Business: 1) Roll Call The board needed to reschedule the January 24, 2012 meeting; no quorum. An extension for the Financial Disclosure filing date was extended to February 21, 2012, An update on the Disclosure filings by Ms, Castro and Ms. Adler: 75% are completed, still following up on department heads and boards. City employees were the concentration. Boards are more difficult to track since they only meet once a month or so and members change. Jessica Magliotto -Smith from Mayor's office has been very helpful by reminding both boards and city employees of filing. Suggestions were made on how to follow up, including sending a letter via email to Jessica to forward to those who have not filed. If they fail to file, Clerk's office will send a ten day notice reminder letter after the new extension dates of 2129 for employees and 3/20 for board members. A special extension of April 30 was granted for a few who are on medical leave, Kathleen Palka (Law), Marlene Anderson (A &F), and Clarke Eaton (EMS board). Doug will draft a letter to the nominating committee regarding filling the vacancy of Harold Sylvester. Old Business: Tim Ball (new Corporate Counsel for the Law Department) informed the Clerk's office that the amendment of the City Code (Section 12 -24) with reference to the Board's jurisdiction a year after an Employee's separation of service with the City. The Clerk's office submitted the item to Common Council, but has net received a response Cavette will follow up on this and report back to the board. Approval of the June 7, 2011 minutes with no corrections. Next meeting will be scheduled for Tuesday, March 20, 2012. Meeting Adjourned See attachment City of Buffalo Board of Ethics Meeting Minutes Tuesday, March 20, 2012 Members in Attendance: Richard Sullivan. James Magavern, Gerald Chwalinski Guests: Mary Baldwin, Robbie McPherson, Aaron Besecker, Buffalo News. NO QUORUM DISCUSSION: Financial Disclosures status: 100% City Employees are in compliance, 90% of Board members are; 14 remaining. Kathleen Palka, Law Department, Is on medical leave until May 2012. Next meeting scheduled for April 17 with an extension until then was further extended to May I, 2012 via present and absent members updated via email). There is no news from Doug regarding the vacancy for the BOE position. Meeting Adjourned RECEIVED AND FILED NO. 46 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 5/14/12 in the Department of Public Works, Parks & Streets Division of Engineering to the Position of Laborer Seasonal Appointment Flat Starting Salary of $12.06. Gregory McCormick, 510 Stockbridge Avenue, Buffalo 14215 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 46 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 199 Delaware Club Barcelona Tony Vaillant 622 Main St Infinity on Main Same 475 Northampton The New Bird Cage William Smith 1473 Niagara 1473 Eve Evans 1343 Jefferson Mike's Lounge Thomas Fluker RECEIVED AND FILED NO. 46 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 5/14/12 in the Department of Public Works, Parks & Streets Division of Engineering to the Position of Laborer Seasonal Appointment Flat Starting Salary of $12.06. Gregory McCormick, 510 Stockbridge Avenue, Buffalo 14215 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NON - OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON - OFFICIAL COMMUNICATIONS NO. 47 BUFFALO WATER BOARD - MONTHLY WATER BOARD REPORT -APRIL 2012 BUFFALO WATER OPERATED BY MEOLIA WATER MONTHLY WATER BOARD REPORT April, 2012 REFERRED TO THE COMMITTEE ON LEGISLATION NO. 48 M. DAMICO -ADULT SPORTS IN CITY PARKS Dear Common Council, I run a small recreational sports company. We took over running Buffalo softball when the last company doing it collapsed. Since then we have expanded to touch football - soccer and Adult Kickball. Every couple of years whenever a new regime takes over the Olmsted conservancy or The Parks department the first thing they do is kick adult recreational sports out of Delaware park citing the fact that there is "too much use" of the park. We live in the city and in the Delaware district. I have lived here for 54 years. I think Adult leagues have just as much right to use the park as other entities as long as were not interfering with other park activities. I would like a chance to speak in front of the council Michael A. Damico President Mile sports. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 49 R. FONTANA -SEQR ASSISSMENT FORM -BFLO CONSOLIDATED DEV FRAMEWORK 617.20 Appendix A State Environmental Quality Review FULL ENVIRONMENTAL ASSESSMENT FORM Purpose: The full EAF is designed to help applicants and agencies determine in an orderly manner whether a project or action may be significant. The question of whether an action may be significant is not always easy to answer. Frequently, there are aspects of a project that are subjective or unmeasurable. It is also understood that those who determine significance may have little or no formal knowledge of the environment or may not be technically expert in environmental analysis. In addition, many who have knowledge in one particular area may not be aware of the broader concerns affecting the question of significance The full EAF is intended to provide a method whereby applicants and agencies can De assured that the determination process has been orderly, comprehensive in nature, yet flexible enough to allow introduction of information to fit a project or action. Full EAF Components: The full EAF is comprised of three parts: Part 1: Provides objective data and information about a given project and its site, By identifying basic project data, it assists a reviewer in the analysis that takes place in Parts 2 and 3 Part 2: Focuses on identifying the range of possible impacts that may occur from a project or action. It provides guidance as to whether an impact is likely to be considered small to moderate or whether it is a potentially -large impact The form also identifies whether an impact can be mitigated or reduced. Part 3: If any impact in Part 2 is identified as potentially - large, then Part 3 is used to evaluate whether or not the impact is actually important. Copy available for review in the City Clerk's Office REFERRED TO THE COMMITTEE ON LEGISLATION NO 50 D. PRIDGEN- REQUEST DENIAL OF THE CHICKEN LICENSE RENEWAL -161 SOUTHAMPTON Dear Mr. Chwalinski; I am requesting a non - approval of the reissuance permit for the chicken coop located at 161 Southampton Street because of resident complaints. Thank you Darius G. Pridgen Ellicott District Council Member RECEIVED AND FILED NO. 51 D. SMITH -J. KING - CONCERNS STUDENTS ATTENDANCE President Frank B. Mesiah National Association for the Advancement of Colored People Buffalo, New York Branch 395 E. Ferry Street Buffalo, New York, 14208 -1504 Dear President Mesiah: Thank you for your May 10, 2012 letter, in which you express your concerns regarding New York State's teacher and principal evaluation system and its implementation in the Buffalo City School District. You specifically ask whether it is true that the 20 percent State growth subcomponent and the 20 percent local measures subcomponent "may Be scored in the negative, even if a significant number of students, in that teacher's class, missed seven weeks of instruction." Although there seems to be some misunderstanding, the attendance issue with respect to evaluations has been resolved: the State Education Department has already approved the substance of the Buffalo City School District and the Buffalo Federation of Teachers submission regarding factoring student attendance into the evaluation process. The Buffalo City School District's March 23, 2012 submission, signed by the Buffalo Teachers Federation (BTF), required several technical changes and corrections to comply with federal and State laws and regulations. None of the changes have a substantive impact on the provisions regarding the factoring of attendance. The substantive provisions of Buffalo's March 23 submission are consistent with the Department's position on the attendance issue. The Department's position is clear: attendance can be included as an adjustment factor in the evaluation plans. However, it should be just that - a factor, not a reason to exclude an entire segment of students (particularly large numbers of low- income students and students of color) from the evaluation process. As educators, we cannot abdicate all responsibility for students who are chronically absent. Instead, we must work with them and their families to help them get back on track. These students have been forgotten too many times already. If there is no accountability at all, they will likely be condemned to a lifetime of poverty and desperation. Buffalo has endured too many generations of forgotten students; cannot approve an evaluation plan that allows another generation to slip away. I join you in urging the Buffalo School District, the BTF, and the leadership of the City of Buffalo to launch a community -wide discussion of how best to improve student attendance. The future of the City of Buffalo depends on closing both the achievement gap and the engagement gap that are obstacles to student success. As you note, the Buffalo City School District has submitted evaluation plans containing attendance provisions for purposes of 2011 -2012 School Improvement Grant (SIG) funding. Buffalo's initial submissions were unacceptable because they contained a blanket exclusion of students based on attendance rendering large numbers of students invisible- However, Buffalo's March 23, 2012 submission contained attendance provisions - that adjust expectations for chronic absenteeism - and needed only minor technical corrections (that did not impact the substance of the attendance provisions) to meet federal and state law and regulations. The April 18 submission that includes both the attendance provision and the technical changes required to comply with federal and state law and regulations was signed by the Superintendent and the bargaining unit for principals, but not the BTF. I have repeatedly indicated that I will approve theApri118 plan -which accounts for chronic absenteeism and complies with the law - if the BTF will sign it, We all have the same goal: to give students the best possible educational opportunities and the best possible chance to succeed in college and careers. Unfortunately, for far too many students of color in Buffalo that goal has been a promise unfulfilled. An evaluation system that helps educators improve teaching and learning is a critical step toward providing the opportunities students need. For decades, Buffalo schools have offered discouragement instead of hope. I want to change that. Growing up In Brooklyn, there were countless times my teachers could have written me off because I was an urban African - American and Latino male or because my parents passed away and weren't there to provide me with support. But my teachers didn't write me off, and school became my refuge, a place that gave me the opportunity to grow and learn. I will not write off the students of Buffalo, even those struggling: with chronic absenteeism. They deserve the same chances I had. The school district, administrators, teachers, families and the community must all take responsibility for working together to ensure that happens. I know you share that same commitment. Sincerely, John B. King, Jr. Commissioner REFERRED TO THE SPECIAL COMMITTEE ON EDUCATION NO. 52 D. SMITH -J. KNING, INFO RE EVALUATIONS Dear Mr. Rumore: Thank you for your May 4, 2012 memorandum regarding a recent stow in The Buffalo News, I'd like to clear up a few misconceptions, As you know, the attendance issue with respect to evaluations has been resolved: the State Education Department has already approved the substance of the Buffalo City School District and the Buffalo Federation of Teachers submission regarding factoring student attendance into the evaluation process. In addition, the State's growth measure includes adjustments for students with disabilities, English language learners and students in poverty (see 8 NYCRR §30- 2,2[r]), Similar adjustments to locally selected measures are allowable. The Department's position is clear: attendance can be included as an adjustment factor in the evaluation plans, However, it should be just that - a factor, not a reason to exclude an entire segment of students (particularly large numbers of low- income students and students of color) from the evaluation process. As educators, we cannot abdicate all responsibility for students who are chronically absent. Instead, we must work with them and their families to help them get back on track. I urge the Buffalo School District, the BTF, and the leadership of the City of Buffalo to launch a community -wide discussion of how best to improve student attendance, The future of the City of Buffalo depends on closing both the achievement gap and the engagement gap that are obstacles to student success, Although the attendance issue was resolved, the Buffalo City School District's March 23, 2012 submission, signed by the Buffalo Teachers Federation, did require several technical changes and corrections to comply with federal and State laws and regulations. None of the changes have a substantive impact on the provisions regarding the factoring of attendance, and the substantive provisions of Buffalo's March 23rd submission are consistent with the Department's position on this issue. The District subsequently submitted a revised MOU, dated April t8, 2012, that reflected the necessary changes and corrections. As noted above, these changes and corrections were technical in nature and were necessary to comply with the requirements of the federal School Improvement Grants program (BIG), State Education Law §3012 -c and Subpart 30 -2 of the Rules of the Board of Regents. However, the April 18th submission signed by the Superintendent and the bargaining unit for principals does not have a signature reflecting the agreement of the BTF. I have repeatedly indicated that I will approve the April 18th plan - which accounts for chronic absenteeism and complies with the law -if the BTF will sign it. Given that the only changes to the March 23rd agreement we require are technical in nature and do not impact the substance of BTF's agreed upon language regarding attendance, and also given that, for the 2011 -2012 school year- the - State's growth measure includes adjustments for ELLs, poverty and students with disabilities, I see no reason for the Buffalo City School District and the BTF not to send a corrected and agreed upon version of the March 23rd MOU as revised in the April 18th submission, to SED as soon as possible. I urge you and your BTF colleagues to move swiftly to re- approve the March 23rd agreement, as revised in the April 18th submission. Because the substantive provisions of Buffalo's March 23 submission are consistent with the Department's position on attendance, I am optimistic that this can be accomplished, Buffalo students need SIG resources and the initiatives those resources will support, More importantly, they need an evaluation system that allows their principals and teachers to continue to grow professionally. We all have the same goal: to give students the best possible educational opportunities and the best possible chance to succeed in college and careers. An evaluation system that helps educators improve on teaching and learning is an irreplaceable step to provide those opportunities. Sincerely, John B. King Commissioner REFERRED TO THE SPECIAL COMMITTEE ON EDUCATION NO. 53 D. SMITH -C. PERALES -INFO RE REWARD FOR A NEW GOVT PERFORMANCE PROGRAM Dear Colleague, Since 2005 the Department of State has been working with local government leaders to help reduce local expenditures while maintaining high quality services. In total, the Department has awarded more than $ 51 million to 326 grant recipients. The anticipated savings to local budgets as a result of these grants is greater than S560 million over a ten year period. Today, Governor Cuomo announced the availability of $40 million for a new Local Government Performance and Efficiency Program that will recognize and reward municipalities that have improved government operations and helped reduce the local property tax burden. Counties (outside of the City of New York), cities, towns, or villages may apply for this competitive award to recognize actions that are: • Producing quantifiable and recurring financial savings; • Having a positive impact on reducing the growth rate in property taxes; and, • Improving the overall efficiency of governmental operations. To qualify for an award, actions must have commenced on or after January 1, 2010, and must be fully implemented at the time of application. An award shall not exceed: • $25 per resident, based upon a municipality's population, as determined by the 2010 federal decennial census, or • SS million, The grant deadline is Wednesday, July 25, 2012 at 4:00 p.m. Applications are available on the Department of State website at htto: / /www.dos.nv.eov /funding /or by calling 518 - 473 -3355 or 1- 800 - 367 -8488. Sincerely, Cesar A. Perales Secretary of State REFERRED TO THE COMMITTEE ON FINANCE NO. 54 D. SMITH -JP MORGAN'S LOSS -CHASE BANK May 14 - The May 10 surprise announcement by JP Morgan Chase of a $2 billion loss on derivatives trades, and the response to that loss by its critics, form a delicious irony. The bank which led the crusade against Lyndon LaRouche's demand for reimplementing Roosevelt's 1933 Glass - Steagall law, the bank which has fought tooth - and -nail against any and all financial regulation for decades, has now been mortally wounded by its own speculative hand, and has brought on the next stage of global financial meltdown. And thanks to JP Morgan's greed and arrogance, thanks to the whole trans - Atlantic financial system's recidivism in committing the exact same speculative lunacy that brought the global financial system to its knees in 2007 -08, Glass - Steagall is back on the table in a big way. "The system is about to blow," Lyndon LaRouche stated on May 12. "The U.S. and British banking system is in the process of collapse right now. The new wave of collapse is happening," and it is going to rapidly SIP— i— dr4— aKr —he rioted. The implosion of the Spanish banking system -- including the London -run Inter -Alpha Group giant Banco Santander, and its friendly rival BBVA - -is an expression of the same fi- nancial meltdown that is bringing down the entire trans - Atlantic system. "It's important to note how stupid people are," La- Rouche added. "I mean, here you have a banking crisis which has been going on, since I warned against it in 2007. And in 2008, they went into a bailout! And what I was fussing against was that: No bailout! And they went tea bailout!" As a result of not heeding LaRouche's demand, from 2007 onward, for Glass - Steagall and replacing the current financial house of cards with a production- oriented credit system, the edifice is now imploding. "This present financial system, in its present form, is now extinct." LaRouche emphasized. "It's dead. The bodies are still moving because, with these kinds of animals, they're not so good on brains, so they don't know when they're dead. And that's what it is: This is all dead. The whole system is dead!" The only solution to this. is the one advocated by LaRouche. Reinstate Glass - Steagall: close the Fed and replace it with a new National Bank of the United States; impose strict regulations, and enforce them tightly. The attempts to "fix" the current British -model financial system have failed. We have to junk that system, and return to American System economics, not only in the United States, but in the world as a whole. REFERRED TO THE COMMITTEE ON FINANACE PETITIONS NO. 55 W. BROWN, AGENT, USE 1171 MICHIGAN FOR A GROUND SIGN (HRG 6 /05)(ELL) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 56 A. PICCIONE, OWNER, USE 746 EIMWOOD, CONVERT HAIR SALON TO A TAKE -OUT RESTAURANT (HRG 6 /5)(DEL) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 57 W. WESOLOWSKI, OWNER, USE 1256 HERTEL -TO PLACE OUTDOOR CAFE IN FRONT OF EXISTING RESTAURANT (HRG 6 /5)(DEL) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 58 K. WOODS, OWNER, USE 1853 CLINTON ST TO REOPEN AN EXISTING TAVERN (HRG 6 /5)(LOV) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 59 C, MALCOMB, AGENT, USE 333 AMHERST ST -ERECT GASOLINE STATION KIOSK, PUMP ISLAND AND UNDERGROUND GASOLINE STORAGE (HRG 6 /19)(NORTH) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD REGULAR COMMITTEES CIVIL SERVICE (BONNIE E. RUSSELL, CHAIRPERSON) NO. 60 APPOINT DIRECTOR OF RECREATIONAL PROGRAM MING(EXEMPT)(TRENT)(COMM SERV) CCP #31, 5/15 Mrs. Russell moved That the above item be the same and hereby is Received and Filed ADOPTED COMMUNITY DEVELOPMENT (JOSEPH GOLOMBEK, JR., CHAIRMAN) NO. 61 REPORT OF SALE - 283 WINSLOW (ELL) (STRAT PLAN) (COMM. NO. 9, C.C.P., MAY 15, 2012) That the above item be, and the same hereby is returned to the Common Council without recommendation; Mr. Golombek moved: That the above item be recommitted to the Committee on Community Development F- NO. 62 P. ARNOLD -THE 2012 ACTIVE VETERAN'S PARADE (ITEM NO. 62, C.C.P., MAY 15, 2012) That the above item be, and the same hereby is returned to the Common Council with a recommendation for adoption. Mr. Golombek moved: That the above item be adopted. ADOPTED LEGISLATION (DARIUS G. PRIDGEN, CHAIRMAN) NO. 63 M. LUCHKEVYEH, AGENT, USE 149 ELMWOOD TO CREATE A SIT -IN RESTAURANT (FILL) (ITEM NO. 56, C.C.P., MAY 22, 2012) That the above item be, and the same hereby is returned to the Common Council with a recommendation for adoption; Mr. Pridgen moved: That pursuant to Section 511 -56C of the City Code, the Commissioner of Permit and Inspection Services be, and he hereby is authorized to issue a license to M. Luchkevyeh, Agent, doing business at 149 Elmwood, to re- establish abandoned restricted use of eating and drinking place in the Elmwood Avenue Business District, to create a sit -in restaurant. PASSED AYES- 7 NOES- 0 NO. 64 ORDINANCE AMENDMENT- SECTION 309 -4. AERONAUTIC ACTIVITIES. (RES. NO. 98, C.C.P., MAY 15, 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 Section 309 -4 of the Ordinances of the city of Buffalo be amended read as follows: §309 -4. Aeronautic activities. A. No person shall make an ascent from any park or park approach in any balloons, aeroplane or other airship nor land therein from any balloons, 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. PASSED AYES- 7 NOES- 0 NO. 65 LANDMARK DESIGNATION BUFFALO TERMINAL HOUSE -2280 NIAGARA STREET ITEM NO 4, CCP# MAY 1, 2012 That after the public hearing held before the Committee on Legislation on May 22, 2012, the Buffalo Terminal House be designated as a local historical landmark PASSED AYES - 7 NOES - 0 NO. 66 APPOINT SOUTH DISTRICT COUNCILMEMBER (C.C.P. #94, APRIL 17) Rev. Pridgen moved: That the above item be the same and hereby is Received and Filed. ADOPTED NO. 67 R. LUCCHINO, OWNER. USE 937 ELMWOOD TO ERECT ILIUM. POLE SIGN IN CITY ROW (NO HRG)(DEL) (C.C.P. #43, MARCH 6) Rev. Pridgen moved: That the above item be the same and hereby is Received and Filed. ADOPTED NO. 68 USED CAR DEALER 2170 SOUTH PARK (SOUTH)(EDPI) (ITEM NO. 24, C.C.P., APR. 3, 2012) That the above item be, and the same hereby is returned to the Common Council with a recommendation for approval: Mr. Pridgen moved: That the Commissioner of Permits and Inspections Services in hereby authorized pursuant to Chapter 254 Ofthe City Code to issue a Used Car Dealer License to Hanash Riad d /b /a South Buffalo Auto Sales LLC located at 2170 South Park upon the following restrictions: 1. 35 vehicle maximum for sale on lot 2, All vehicles on lot in working order 3. No storage of junk vehicles on lot PASSED AYES -7 NOES -0 COMMITTEE OF THE WHOLE NO. 69 J. CREAHAN- APPLICATION FOR CONSIDERATION FOR SOUTH DISTRICT COUNCIL SEAL (C.C.P. #38, MAY 15) Mr. Fontana moved: that the above item be the same and hereby is Received and Filed. ADOPTED NO. 70 K. LAFFETTY- APPLICATION FOR CONSIDERATION FOR SOUTH DISTRICT COUNCIL SEAT C.C.P. #39. MAY 15) Mr. Fontana moved: That the above item be the same and hereby is Received and Filed. ADOPTED NO. 71 T. SULLIVAN- APPLICATION FOR CONSIDERATION FOR SOUTH DISTRICT COUNCIL SEAT (C.C.P. #40, MAY 15) Mr. Fontana moved: That the above item be the same and hereby is Received and Filed. ADOPTED NO. 72 C. SCANLON- APPLICATION FOR CONSIDERATION FOR SOUTH DISTRICT COUNCIL SEA, T (C.C.P. #41, MAY 15) Mr. Fontana moved: That the above item be the same and hereby is Received and Filed. ADOPTED NO. 73 C. TAYLOR - APPLICATION FOR CONSIDERATION FOR SOUTH DISTRICT COUNCIL SEAT (C.C.P. #42, MAY 15) Mr. Fontana moved: That the above item be the same and hereby is Received and Filed. ADOPTED NO. 74 F. BADASZEWSKI- APPLICATION FOR CONSIDERATION FOR SOUTH DISTRICT COUNCIL SE— (C.C.P. #43, MAY 15) Mr. Fontana moved: That the above item be the same and hereby is Received and Filed. ADOPTED NO. 75 MESSAGE ON BUDGET(MAYOR) [C.C.P. #2, MAY 1) Mr. Fontana moved: That the above item be the same and hereby is Received and Filed. ADOPTED NO. 76 COMMON COUNCIL MEETING AND BUDGET HEARING SCHEDULE(CP) (C.C.P. #17, MAY 11) Mr. Fontana moved: That the above item be the same and hereby is Received and Filed. ADOPTED NO. 77 SCHEDULE OF BUDGET WORKSHOPS (CP) (C.C.P. #18, MAY 1) Mr. Fontana moved: That the above item be the same and hereby is Received and Filed. ADOPTED NO. 78 E. SUMMERS - SUPPORT MATTHEW FISHER FOR SOUTH BUFFALO COUNCILMEMBER (C.C.P. #60, MAY 1) MR. FONTANA MOVED: That the above item be the same and hereby is Received and Filed ADOPTED NO. 79 L, BAIN- APPLICATION FOR CONSIDERATION FOR SOUTH DISTRICT SEAT (C,C,P. #30, APRIL 3) Mr. Fontana moved: That the above item be the same and hereby is Received and Filed. ADOPTED NO. 80 P. BURKE- APPLICATION FOR CONSIDERATION FOR SOUTH DISTRICT SEAT (C.C.P. #31, APRIL 3) Mr. Fontana moved: That the above item be the same and hereby is Received and Filed. ADOPTED NO. 81 M. FISHER - APPLICATION FOR CONSIDERATION FOR SOUTH DISTRICT SEAT (C.C.P. #32. APRIL 3) Mr. Fontana moved: That the above item be the same and hereby is Received and Filed. ADOPTED NO. 82 J. MORALES- APPLICATION FOR CONSIDERATION FOR SOUTH DISTRICT SEAT (C.C.P. #33, APRIL 3) Mr. Fontana moved: That the above item be the same and hereby is Received and Filed. ADOPTED NO. 83 J. PANEK- APPLICATION FOR CONSIDERATION FOR SOUTH DISTRICT SEAL (C.C.P. #34. APRIL 3) Mr. Fontana moved: That the above item be the same and hereby is Received and Filed. ADOPTED NO. 84 AJ VEREL- APPLICATION FOR CONSIDERATION FOR SOUTH DISTRICT SEAT (C.C.P. #35, APRIL 3) Mr. Fontana moved: That the above item be the same and hereby is Received and Filed. ADOPTED NO. 85 T. WHALEN- APPLICATION FOR CONSIDERATION FOR SOUTH DISTRICT SEAT (C.C.P. #36, APRIL 3) Mr. Fontana moved: That the above item be the same and hereby is Received and Filed. ADOPTED NO. 86 B. VIVIAN- APPLICATION FOR CONSIDERATION FOR SOUTH DISTRICT SEAT (C.C.P. #37, APRIL 3) Mr. Fontana moved: That the above item be the same and hereby is Received and Filed. ADOPTED NO. 87 J. GARTLER III - APPLICATION FOR CONSIDERATION FOR SOUTH DISTRICT SEAT (C.C.P. #38, APRIL 3) Mr. Fontana moved: That the above item be the same and hereby is Received and Filed. ADOPTED NO. 88 W. MACK - APPLICATION FOR CONSIDERATION FOR SOUTH DISTRICT SEAT (C.C.P. #39, APRIL 3) Mr. Fontana moved: That the above item be the same and hereby is Received and Filed ADOPTED NO. 89 B. BOLLMAN- APPLICATION FOR CONSIDERATION FOR SOUTH DISTRICT SEAT (C.C.P. #36. APRIL 3) Mr. Fontana moved: That the above item be the same and hereby is Received and Filed, ADOPTED NO. 90 VARIOUS LETTERS OF RECOMMENDATION FOR LINDA BAIN S. COUNCIL DISTRICT SEAT CCP# 40, APRIL 3 Mr. Fontana moved: That the above item be the same and hereby is Received and Filed, ADOPTED NO. 91 K LINDER -A PERRY -2012 CAPITAL BUDGET & BOND SALE RECOMMENDATION (CCP#46 NOV 29)(#39,10/18) Mr. Fontana moved: That the above item be the same and hereby is Received and Filed, ADOPTED NO. 92 REQUEST ADDITIONAL INFORMATION TO SUBMIT REPORT ON 2012 RECOMMENDED CAPITAL IMPROVEMENT BUDGET (CCP #4, NOV 15) Mr. Fontana moved: That the above item be the same and hereby is Received and Filed. ADOPTED NO. 93 J. MASCIA - POIICE REPORT -JUNE 2011 INTERIM REPORT (C.C.P. #77, SEPT 6) Mr. Fontana moved: That the above item be the same and hereby is Received and Filed. ADOPTED RESOLUTIONS NO. 94 BY: MR. FONTANA APPOINTMENT MARRIAGE OFFICER Pursuant to Chapter 49 of the laws of New York (1988), which allow a governing body the right to appoint one or more Marriage Officers, who have the authority to solemnize marriages, I am requesting the appointment of the following person as a Marriage Officer. Christopher P. Scanlon ADOPTED. NO. 96 RICHARD A. FONTANA COMMON COUNCIL INTENT TO SERVE AS LEAD AGENCY UNDER SEQR FOR THE BUFFALO CONSOLIDATED DEVELOPMENT FRAMEWORK (BCDF) WHEREAS, The City of Buffalo, led by the Office of Strategic Planning, is currently in the process of developing several new planning /zoning documents that will ensure that new development in our City is guided by modem planning /zoning principles; and WHEREAS. Pursuant to these efforts, a Full Environmental Assessment Form (EAF) has been drafted for a new Buffalo Consolidated Development Framework (BCDF); and WHEREAS, The BCDF consists of the following planning initiatives: • A Unifed Development Ordinance (UDO), which encompasses a future land use plan that accommodates appropriate uses and forms and reinforces the existing character of the City, a form based zoning code that will prioritize form over defined uses, as well as revised subdivision and sign ordinances; • A Local Waterfront Revitalization Plan (LWRP), which will guide development along the City's coastal areas; • Revisions to Urban Renewal Areas, to better encourage development in these areas; and • Planning and zoning for the City's South Buffalo, Buffalo River Corridor, Buffalo Harbor, and Tonawanda Street Corridor Brownfield Opportunity Areas (BOAs) including the River Bend Master Plan; and WHEREAS, The Common Council will need to approve or adopt all of the aforementioned documents and plans and so, under State Environmental Quality Review Act (SEAR) guidelines, the Common Council is the presumptive Lead Agency for these actions. BE IT RESOLVED, That the Common Council does hereby declare its intent to assume Lead Agency status under SEQR for the Buffalo Consolidated Development Framework (BCDF), which consists Of the following planning initiatives: • A Unified Development Ordinance (UDO), which encompasses a future land use plan that accommodates appropriate uses and forms and reinforces the existing character of the City, a form based zoning code that will prioritize form over defined uses, as well as revised subdivision and sign ordinances; • A Local Waterfront Revitalization Plan (LWRP), which will guide development along the City's coastal areas; • Revisions to Urban Renewal Areas, to better encourage development in these areas; and • Planning and zoning for the City's South Buffalo, Buffalo River Corridor, Buffalo Harbor, and Tonawanda Street Corridor Brownfield Opportunity Areas (BOAs) including the River Bend Master Plan; and BE IT FURTHER RESOLVED, That the Council's Legislative Staff is directed to work with the City's Department of Law and Office of Strategic Planning to facilitate notification of the proper parties under SEQR of the Common Council's intent to assume Lead Agency; and BE IT FINALLY RESOLVED. That a copy of this resolution be immediately forwarded to Brendan Mehaffy and Nadine Marrero of the City's Office of Strategic Planning, and Timothy Ball and Alan Gerstman of the City's Law Department. ADOPT RESOLVES REFERR THE REAMINDER TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO 96 BY: RICHARD A. FONTANA LL INTRO #1 — AMENDING THE CHARTER REGARDING ANNUAL FOUR YEAR PLAN AND FUND BALANCE POLICIES Local Law No. (2012) Introductory No. 1 (2012) A LOCAL LAW amending the Article 20 of the Charter of the City of Buffalo instituting annual four -year financial plans and establishing appropriate fund balance policies. BE IT ENACTED BY THE COMMON COUNCIL OF THE CITY OF BUFFALO AS FOLLOWS: Section 1: That Article 20 of the Charter of the City of Buffalo, adopted pursuant to law, is hereby amended as follows: ARTICLE 20 BUDGETING § 20 -3. Mayor's Budget. A. On or before the first day of May each year, the mayor shall submit to the council a budget containing a complete plan of proposed expenditures and estimated revenues for the next fiscal year. Therein he shall set forth in detail and summary: (a) Estimates of the expenditures necessary in his judgment for carrying on the city government for the ensuing fiscal year, separately stating the estimates of expenditures necessary for school purposes and for all other purposes and stating in total the amount necessary to accomplish every separate function of each administrative unit or other purpose. (b) Estimates of the receipts of the city during the ensuing fiscal year under laws existing at the time of the budget is transmitted and also under the revenue proposals, if any, contained in the budget, and shall allocate separately the estimates of receipts to be credited for school purposes and for all other purposes. (c) The expenditures and receipts of the city during the last completed fiscal year. (d) Estimates of the expenditures and receipts of the city during the current fiscal year. (e) The balanced statements of the condition of the treasury at the end of the last completed fiscal year and the estimated condition of the treasury at the end of the current fiscal year. (f) All essential facts regarding the bonded and other indebtedness of the city. (g) Such other financial statements and data as in the mayor's judgment are necessary or desirable in order to make known in all practicable detail the financial condition of the city. (h) Any recommendations of the mayor to the council with respect to new sources of revenues. (i) For each separate function of each administrative unit or other purpose: i an outline of the administrative organization for the performance of the function; ii a summary of the expenditures, estimated fringe benefits and other unallocated indirect costs, and net cost or gain to the city of such function during the last two completed fiscal years, as estimated for the current fiscal year, and as budgeted for the ensuing fiscal year; iii a summary explanation of any major changes in revenues or expenditures and any non - recurring revenue or expenditure; iv a summary of the objectives of such function during the ensuing fiscal year, the services to be provided to the residents or government of the city, and to the extent reasonably practicable the number of units and the unit cost of each such service. Q) A statement estimating the fiscal impact of any condition that may be reasonably foreseen as likely to cause a deficit in the ensuing year or to require a tax increase or reduction of services in order to avert a deficit in the ensuing year or in the year following the ensuing year. B. Four -Year Financial Plan. In support of the Mayor's budget and to assist the Common Council in its review as provided pursuant- to this article, commencing with the City's 2013 -2014 Fiscal Year and continuing in each subsequent fiscal "tear, the Mayor shall prepare and submit to the Common Council a four - year financial plan. The financial plan shall contain actions sufficient to ensure with respect to the major operating funds for each fiscal year of the plan that annual aggregate operating expenses for such fiscal year shall not exceed annual aggregate operating revenues for such fiscal year. The details of such plan shall be as further described in section 20 -32 of this article. § 20 -6. Budget Message. The mayor shall submit to the council with the proposed budget a budget message which shall: (a) describe the important features of the current budget with reference both to proposed expenditures and anticipated income and a general summary showing the current and capital requirements for the fiscal year, with supporting schedules; (b) exhibit the aggregate figures of the current budget in such manner as to show a balanced relation between the total proposed expenditures and the total anticipated income for the fiscal year covered by it; (c) compare these figures with the corresponding figures of the last completed fiscal year and the year in progress; and (d) outline a fiscal policy for the city and describe its relationship to the objectives of the mayor's annual management plan and report, [and]the four -year strategic plan and the four -year financial plan. The message shall contain such comments with respect to the capital plan and budget as the mayor may deem advisable, including the probable effect thereof for each of the years involved. The city clerk shall promptly publish the budget message in the city record and distribute a summary to the news media. §20 -7. Comptroller's Assessment of Accuracy of Revenue and Expenditure Assessments. On or before the tenth day of May, the Comptroller shall submit to the council an assessment of the accuracy of the revenue and expenditure estimates of the budget and the four -year financial plan the mayor submits to the council. The Comptroller shall opine on the sufficiency of the financial plan and whether it contains sufficient data to support the outcomes projected § 20- 17.Budget Monitoring. The director of the budget shall submit to the mayor and the council within 45 days of the close of the first, second and third fiscal quarters of the city's fiscal year a report: (a) summarizing the actual revenues and expenditures for such quarter as compared to such estimates in the budget; (b projecting, based on generally accepted accounting principles any material revenue and expenditure trends or other factors that the director reasonably believes may influence the city's finances, probable fiscal year -end results as compared to the budget; and (c) projecting the impact of such trends or factors on the following fiscal year and such other future fiscal years as the director deems appropriate to consider; (d) updating quarterly cash flow projections of receipts and disbursements which compare actual receipts and disbursements with the estimates contained in the cash flow projections, together with variances and their explanation. Prior to submitting the report to the mayor and the council, the director shall submit a draft report to the comptroller for review and comment. If in the comptroller's opinion the final report raises any substantial issue, the comptroller shall promptly submit to the mayor and the council a statement describing such issue. All quarterly reports shall be accompanied by recommendations from the mayor to the council setting forth any remedial action necessary to resolve any unfavorable budget variances including the overestimation of revenues and the underestimation of appropriations. §20 -17.1. Fund Balance Policy. [(a) Unreserved Fund Balance. Beginning in Fiscal Year 2007 -08, the] The City of Buffalo shall set aside an amount of general fund [unreserved fund] balance (committed fund balance, commonly known as "Rainy Day" funds) equal to no less than 30 days of prior year expenditures pursuant to a fund balance policy. Said policy shall be approved by the Mayor and Comptroller subject to a majority vote of the Common Council, and approved as to form by the Corporation Counsel. These "Rainy Day" funds shall be used for extraordinary operating or capital needs that could not be anticipated and cannot be funded with current budget resources. It shall be the Comptroller's responsibility to submit to the Mayor and the Common Council the annual calculation that determines the amount to be placed in these funds. If during the fiscal year the City has non - recurring extraordinary operating or capital needs that could not be anticipated and cannot be funded with current budget resources, the City may utilize the "Rainy Day" funds provided there is a zero balance in unassigned fund balance in compliance with procedures described in Section 20 -11. If the 'Rainy Day" funds fall below the established threshold, the City shall appropriate funds in the next and subsequent three years operating budgets such that the "Rainy Day" funds shall be replenished to its threshold with in a four -year period. [(b) Reserved Fund Balance. Beginning in Fiscal Year 2007 -2008, the City of Buffalo shall set aside a reserve of general fund balance in an amount of up to 15 days of prior year general fund expenditures, or as otherwise authorized by law. The reserve shall be for purposes allowed for in General Municipal Law, Section 6 -c. It shall be the Comptroller's responsibility to submit to the Mayor and the Common Council the annual calculation that determines the amount to be placed in these funds.] § 20- 32.Budget and Financial Plan. A. Pursuant to the procedures contained in this section, each year the mayor shall develop; and from time to time modify, a four -year financial plan for all major operating funds of the City where as the first year of the financial plan will be the proposed budget as submitted on or before the first day of May each year. Each such financial plan and financial plan modification shall comply with the requirements of subdivision 2 of this section and shall conform to the following standards: (1) For each fiscal year, the city's budgets for all major operating funds covering all expenditures shall be prepared and balanced so that the results thereof would not show a deficit when reported in accordance with generally accepted accounting principles and would permit comparison of the budget with the report of actual financial results prepared in accordance with generally accepted accounting principles. For this purpose, unassigned fund balance existing at the end of the prior fiscal year can be used as a resource and shall not be considered a deficit under generally accepted accounting principles when calculating the deficit. Fund balance in excess of the unassigned amount from the most recently completed audited financials may not be used as a resource in the four -year plan. (2) The financial plan shall include (a) information related to projected employment levels, collective bargaining agreements and other actions related to employee costs, and such other actions to ensure that there are provisions made for such obligations in the plan; U information related to recurring expenditures and contracted obligations for utilities, services and supplies; (c) information related all revenue estimates and an explanation of any significant deviations from prior year actual results (for this purpose, a significant deviation is defined as an amount exceeding one percent (1 %) of total revenues of the general fund as reported in the most recently completed audited financials): (d) adequate reserves to maintain essential services in the event revenues have been overestimated or expenditures underestimated for any period: and (e) adequate cash resources to meet its obligations. (3) The plan should include one year of cash flow projections of receipts and disbursements. (4) The city shall issue no obligations which shall be inconsistent with the financial plan prepared in accordance with this section. (5) Provision shall be made for the payment in full of the scheduled debt service on all bonds and. notes of the city due in the applicable fiscal years of the four -year plan. (6) All projections of revenues and expenditures contained in the financial plan shall be based on reasonable and appropriate assumptions and methods of estimation. All cash flow projections shall be based upon reasonable and appropriate assumptions as to sources and uses of cash (including but not limited to the timing thereof), and shall provide for operations of the city to be conducted within the cash resources so projected. (7). The amount of cash on hand at the beginning of any fiscal year shall be estimated in accordance with paragraph six of this subdivision, but in no event shall it be less than two times the average monthly cash disbursements of the last completed fiscal year. (8). In the event that the operations during the preceding fiscal year have created a negative unassigned fund balance, the first fiscal year included any financial plan shall make provision for the repayment of any deficit incurred by the city during the preceding fiscal year. If such deficit is in excess of two percent 2% of the prior year real tax levy, a replenishment plan covering the four years of the plan may be implemented if agreed upon by the mayor, comptroller and president of the common council. B. Notwithstanding an inconsistent provision of this charter, in the event of any change in generally accepted accounting principles, or change in the application of generally accepted accounting principles to the city, if the mayor, in consultation with the comptroller determines that immediate compliance with such change will have a material effect on the city's budget over a time period insufficient to accommodate the effect without a substantial adverse impact on the delivery of essential services, the mayor may propose a method of phasing the requirements of such change into the budget over such reasonably expeditions time period as the mayor deems appropriate subject to the approval of the comptroller. C. The powers duties and obligations set forth in this section shall be subject to the powers, duties and obligations placed upon the City by any state or local officer or agency, including but not limited to the Buffalo fiscal stability authority act, while such act remains in effect. Section 2. Insofar as the provisions of this local law are inconsistent with the provisions of any other local law or act, the provisions of this local law shall be controlling. Richard A. Fontana REFERRED TO THE COMMITTEE ON LEGISLATION NO. 97 COUNCIL MEMBER SMITH EXCUSED FROM COUNCIL MEETING RESOLVED: That Council Member Demone A. Smith, be and hereby is excused from attendance at the Common Council Meeting of May 29, 2012. ADOPTED. SPONSOR: MR. FONTANA NO. 98 19011L[ NIaLVil=ILVi1- 14: a: i11* 1144N *1011RII41ly :IQ LViILVil4=11Il0 [C] Be It Resolved: That Council Member Bonnie E. Russell, be and hereby is excused from attendance at the Common Council Meeting of Tuesday, May 29, 2012. ADOPTED NO. 99 SPONSORS: COUNCILMEMBER FRANCZYK PERMISSION TO HANG PRIDE FLAGS ON ALLEN STREET 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 ( "LGB7) 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 Dyke March; and WHEREAS, Each year this celebration is marked by fire installation of traditional rainbow pride flags along Elmwood Avenue; and WHEREAS, This year the Pride Center would also like to hang pride banners on Allen Street between Main and Delaware for the Dyke March Celebration and through June Pride Month: and, WHEREAS. PCWNY is familiar with the banner requirements and will purchase the necessary bond before the flags are installed: NOW. THEREORE. 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 Allen Street between Main Street and Delaware Ave from May 28 through June 28 ; 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 7, NOES 0 NO. 100 BY: JOSEPH GOLOMBEK NORTH DISTRICT COUNCIL MEMBER DISCHARGE THE COMMUNITY DEVELOPMENT COMMITTEE FROM CONSIDERATION OF THE FOLLOWING ITEM: "DOWNTOWN SPECIAL VENDING DISTRICT AMENDMENT REQUES(EDPI)" (No 30, May 15) WHEREAS, The above item are currently in the Community Development Committee; and WHEREAS, It is no longer necessary for these items to be considered by that committee. NOW, THEREFORE, BE IT RESOLVED, That the Common Council of the City of Buffalo does hereby discharge the Community Development Committee from further consideration of the item: "Downtown Special Vending District Amendment Request(EDPI)" (No 30, May 15) and said item is now before the Common Council for its consideration. ADOPT DISCHARGE, APPROVED AYES 7, NOES 0 BY: MR. GOLOMBEK NO. 101 TRAILBLAZING SIGN REQUEST FOR DAVID M. SPINDA Whereas: David M. Spinda, a lifelong Buffalo resident, was born on August 13, 1941; and Whereas: David graduated from Seneca Vocational High School in 1960 and continued his education by attending classes at Buffalo State College; and Whereas: David met, fell in love with and married Donna Bielicki, with whom he had three children: David Jr., Darlene and Derrick; and Whereas: David answered his country's call by serving in the United States Air Force during the Vietnam War with the 107 Air Police Squadron, where he achieved the rank of Sergeant; and Whereas: David was employed by General Motors - Saginaw Division as an electrician, a job that he would retire from 35 years later; and Whereas: David was most well known for his community service, serving as a member of many local civic organizations and as the City of Buffalo Housing Court liaison for the North District; and Whereas: A trailblazing sign is an appropriate honor for David Spinda, whose tireless work ethic and dedication to family, community and country serves as an example for the community to follow. Now, Therefore, Be It Resolved: That the Common Council of the City of Buffalo hereby approves the installation of the trailblazing sign at the intersection of Belmont and Roeseh Avenues, proclaiming this portion of Belmont Avenue as "David M. Spinda Way" and; Be it Finally Resolved: That the department of Public Works is directed to erect a sign to this effect, once all fees associated with the posting of a trailblazing sign have been satisfied. PASSED AYES 7, NOES 0 NO. 102 SPONSORS: COUNCILMEMBER LOCURTO, COUNCILMEMBER RIVERA, AND COUNCILMEMBER FRANCZYK PRIDE MONTH IN THE CITY OF BUFFALO Whereas, Lesbian, Gay, Bisexual and Transgender (LGBT) Buffalonians are commemorating their community's rich history of courage, spirit, achievement and activism by organizing the annual LGBT Pride Parade, Festival and Dyke March, celebrating 2012 under the theme of "transformation:" and. Whereas, the LGBT community has certainly experienced an exceptional year of transformation, especially through legislation with the historic passage of Marriage Equality in New York State and the repeal of the "Don't Ask, Don't Tell" policy in the United States Military; and, Whereas, this year's events will foster pride in and respect for the LGBT community of Buffalo in the month of June, featuring a community celebration, parade, festival, and cultural programs, which promise to be the biggest and brightest celebrations to date, topping the more than 10,000 people that attended the festival held at Canalside on Buffalo's burgeoning waterfront last year; and, Whereas, these celebrations would not be possible if not for the extraordinary work done every day by the Pride Center of Western New York. a local not - for - profit that uses innovative programming, activism and support to make our community a safe and healthy place for LGBT individuals to live, work, and establish a family; and, Whereas, in 2010, the Pride Center secured funding to become the organizers of Buffalo's annual pride festivities, successfully expanding the celebration as well as the awareness of contributions made by LGBT Western New Yorkers everyday; and, Whereas, LGBT individuals have made valuable contributions to our community in areas that include business and commerce, arts and culture, the military, community volunteerism and leadership, religion, medicine, law, environmental protection, athletics, civil rights, and education, and they continue to lead the larger community in addressing and remedyin the many problems posed by issues such as the HIV /AIDS pandemic, bullying and hate crimes, and discrimination; Now, Therefore, Be it Resolved That, The City of Buffalo Common Council does hereby recognize the many civic contributions of the LGBT community in the City of Buffalo and of the Pride Center of Western New York, and encourages all people to share in the pride of our City's diverse citizenry by participating in activities throughout the month of June, including the Pride Flag Raising in Niagara Square on June 1 st and of course, the 3 Buffalo Pride Parade, Festival, and Dyke March on June 2 nd and 3rd: and, Be it Further Resolved That, June 2012, be and is herby proclaimed to be, "LESBIAN, GAY, BISEXUAL, AND TRANSGENDER PRIDE MONTH" in the City of Buffalo. ADOPTED NO. 103 SPONSOR: MICHAEL J. LOCURTO WAIVING OF FEES FOR CITY STAGE FOR ITALIAN HERTIAGE FESTIVAL Whereas: The Italian Heritage Festival will take place from July 12 -15 2012; and Whereas: The Italian Festival is organized by three non - profit organizations: The Hertel -North Buffalo Business Association, the North Buffalo Community Center, and the West Side Taxpayers' Association; and Whereas: Proceeds from the Italian Heritage Festival are utilized by these three non - profit organizations to give back to the community through programming and civic activities; and Whereas: In an effort to provide more programmatic and entertainment options, the Italian Heritage Festival is seeking use of the city -owned stage; and Whereas: The Italian Heritage Festival already pays numerous fees to the city associated with the organization and running of the festiv2 P, in addition to other costs associated with cleanup, security guards, and other expenses; NOW, THEREFORE, BE IT RESOLVED THAT: The City of Buffalo Common Council hereby waive all fees associated with the use of the city -owned stage PASSED AYES 7, NOES 0 NO. 104 SPONSOR: MICHAEL J. LOCURTO WAIVING THE PERMIT FEES FOR YMCA'S FITNESS IN THE PARKS PROGRAM Whereas, the YMCA of Buffalo- Niagara will be organizing a "Fitness in the Parks" Program in Delaware —ark from June 25 through August 29th; and, Whereas, certified fitness instructors will provide free fitness classes, such as Zumba, Pilates, and Yoga at the Amherst - Colvin green space; and, Whereas, this program will allow a large number of people to participate in a healthy, active lifestyle, providing an important service especially to those residents who could normally not afford to participate in these often expensive classes; and, Now, Therefore, Be it Resolved That: The Buffalo Common Council hereby waives the permit fees associated with the operation of this program in Delaware Park from June 25 through August 29th. PASSED AYES 7, NOES 0 NO. 105 BY: DARIUS G. PRIDGEN, ELLICOTT DISTRICT COUNCIL MEMBER RESIDENT PARKING PERMITS Whereas: The Buffalo Niagara Medical Campus consists of more than nine major institutions and more than 40 public and private companies working together to increase the quality of life of their patients as well as society; and Whereas: The Buffalo Niagara Medical Campus (BNMC) has currently invested 750 million dollars into the development of 120 acres of premier medical care; and Whereas: The BNMC currently employs 12,000 people with the projected growth in the next five years to 17,000 employees; and Whereas: The adjacent Fruit Belt neighborhood is one of the City's oldest neighborhoods, developed in the decades before the Civil War, and maintaining street patterns and building densities of the first half of the nineteenth century; and Whereas: The Fruit Belt neighbors have experienced a great increase of BNMC employees and visitors who have sought out free parking on the Fruit Belt's residential streets; and Whereas: The residents of the Fruit Belt neighborhood have submitted numerous complaints of not being able to unload groceries and children close to their homes due to on street parking constantly being taken by BNMC employees and visitors; Now, Therefore, Be It Resolved: That the Department of Parking is requested to initiate such parking studies as necessary to establish the need to create a system of neighborhood parking permits for residential neighborhoods adjacent to the Buffalo Niagara Medical Campus; and be it further Resolved: That it is the intention of this Council to pursue State Legislation authorizing a system of neighborhood parking permits in residential neighborhoods adjacent to the Buffalo Niagara Medical Campus as justified by such studies; and be it finally Resolved: That the City Clerk forward copies of this Resolution to the Commissioner of Parking and the Corporation Counsel. ADOPT FINAL RESOLVE, REFER REMAINDER TO THE COMMITTEE ON LEGISLATION NO. 106 BY: DARIUS G. PRIDGEN ELLICOTT DISTRICT COUNCIL MEMBER PERMISSION TO HANG BANNERS FOR THE ANNUAL HELLENIC FESTIVAL WHEREAS: On June 10, 2012, Blessed Sacrament Church will kick off a yearlong series of events to celebrate the 125 anniversary of the founding church; and WHEREAS: The General Chair, Michael P. Pitek 111 from the Blessed Sacrament Church has requested permission to install 4 vertical banners on the 4 street lights closest to Blessed Sacrament Church, 1035 Delaware Avenue; and WHEREAS: The size will be no larger than 2 feet wide by 6 feet long and will be erected to comply with DPW regulations; and WHEREAS: Blessed Sacrament Church is aware of the insurance requirements and is able to comply with them. Now, Therefore Be It Resolved; That the Common Council does hereby grant permission to the Blessed Sacrament Church to hang 4 vertical banners on the 4 street lights closest to the church, located at 1035 Delaware Ave. PASSED AYES 7, NOES 0 NO. 107 SPONSOR: MR. SCANLON APPOINT LEGISLATIVE AIDE Whereas: Matthew Fisher is a longtime resident of South Buffalo, residing at 111 Eden Street, Buffalo, New York, 14220; and Whereas: Matthew Fisher has previous experience working in the South District Council office; Now, Therefore be it Resolved That: Matthew Fisher is hereby appointed as a Legislative Aide to the South District Council Office. ADOPTED NO. 108 BY: MR. SMITH FAIR EMPLOYMENT SCREENING ORDINANCE Whereas: In 2008, 735,000 people were released from state and federal prisons nationally, an average of more than 2,000 individuals per day; more than 4 times that were released from prison 25 years ago; and Whereas: In a recent study of those recently released, two thirds were rearrested within 3 years of release and 52% were reincarcerated; and Whereas: The financial costs of our corrections policies are staggering. In 2008, federal, state, and local governments spent about $75 billion on corrections, the large majority of which was spent on incarceration; and Whereas: Erie County currently has over 1,749 individuals who are currently supervised by New York State Parole, over 4,874 individuals supervised by Erie County Probation Department, and 700 supervised by United States Probation & Pretrial Services; and Whereas: Over the last 10 years the number of parolees returning home to Erie County has increased 57 %. Many of these parolees have multiple interactions with the criminal justice system after their release; with nearly 2/3's cycling back through jail and /or prison within three years of release. This phenomenon can adversely affect public safety, drive up public spending on incarceration, and tear families and communities apart. Further, the high costs of incarceration present a zero -sum budget game: every dollar that state and local governments spend on detaining repeat offenders is money not spent on other priorities like education, economic development and tax relief; and Whereas: According to statistics from the New York State Division of Criminal Justice Services, of over 1,000 parolees returning to Buffalo each year only 37% have any employment and only 6.6% are working full -time jobs above minimum wage; and Whereas: Studies have revealed that there is a direct correlation between high unemployment rates and high recidivism rates for those who possess a criminal conviction; and Whereas: The "Ban the Box movement is a national movement to increase employment opportunities for those with prior criminal convictions, by removing questions regarding prior criminal history from employment applications; and Whereas: Many urban areas in the United States have passed laws to improve employment opportunities and remove barriers for those who possess a criminal conviction, including Atlantic City, Austin, Baltimore, Boston, Chicago, Cincinnati, Cleveland, Detroit, and New York; Therefore Be It Resolved: That the Common Council supports policies that limit the discrimination against people with criminal records and encourages employers m give all applicants a full and fair opportunity for employment; and Therefore Be It Resolve: that copies of this resolution be sent to the Corporation Counsel, the Department of Human Resources, the Commission on Citizens Rights, the Center for Employment Opportunities and Erie County Reentry Taskforce for their comments; and Therefore Be It Resolved: That an Ordinance Amendment be made to the City of Buffalo Charter Chapter 154, to include Article V. Fair Employment Screening Ordinance using the attached language; § 154 -25 Fair Employment Screening Ordinance, Legislative Intent The City of Buffalo, including City of Buffalo vendors, and employers located within the City of Buffalo limits shall not ask questions regarding to or pertalnin8 to an applicant's prior criminal conviction on preliminary employment applications. Consideration of the candidate's prior criminal convictions shall take place after the application is submitted and to begin during the first initial interview, or thereafter. § 154 -26 Definitions (1.) "Applicant' any person considered or who requests to be considered for employment by an employer. (2.) "City" means the City of Buffalo, or any department, agency, or office thereof. (3.) "Conviction" shall mean any sentence arising from a verdict or plea of guilty, including a sentence of incarceration, a suspended sentence, a sentence of probation, an unconditional discharge, or diversion program. (4.) "Employment" means an occupation, vocation, job, work for pay or employment, including temporary or seasonal work, contracted work, Contingent work, and work through the services of a temporary or other employment agency; or any form of vocational or educational training with or without pay. "Employment" shall not, for the purposes of this Chapter, include membership in any law enforcement agency. (5.) "Employer" means any person, company, corporation, labor organization, not - for - profit, or association. (6.) "Interview" means any direct contact by the employer with the applicant whether in person or by telephone, to discuss the employment being sought or the applicants' qualifications. (7.) "Vendor" means any vendor, licensed contractor, or supplier of goods and /or services to the City of Buffalo, including vendor's located outside the City of Buffalo limits. § 154 -27 Fair Employment Screening Standards (1.) It shall be an unlawful discriminatory practice for a City agency or private employer to make any inquiry regarding or to require any person to disclose or reveal any criminal convictions during the application process. The application process shall begin when the applicant inquires about the employment being sought and shall end when an employer has accepted an employment application. (2.) It shall further be an unlawful discriminatory practice for a City agency or private employer to make any inquiry regarding, or to require any person to disclose or reveal any criminal convictions against such person before the first interview. If an employer does not conduct an interview, that employer must inform the applicant of a background check that will be completed before employment is to begin. (3.) Agencies hiring for certain positions requiring Iicensure, including positions such as interns and apprentices for such licensed positions (e.g. prospective attorneys), may ask applicants the same questions asked by the licensing body, in accordance with New York state law. (4) Agencies hiring for positions where certain convictions or violations are a bar to employment in that position under the law, shall not be constrained from asking questions about those convictions or violations. (5) Agencies shall comply with Article 23 -A of the New York State Correction Law when considering an applicant's prior criminal convictions in determining their suitability for employment. In accordance with Article 23 -A, nothing in this Order shall be construed to limit an Agency's authority to withdraw conditional offers of employment for any lawful reason, including the determination that the candidate has a conviction that bears a direct relationship to the duties and responsibilities of the position sought, or their hiring would pose an unreasonable risk to property or to the safety of individuals or the general public. § 154 -28 Exemptions (1.) The prohibitions of this Chapter shall not apply if the inquiries or adverse actions prohibited herein are specifically authorized by any other applicable law. (2.) The prohibitions of this Chapter shall not apply to the following law enforcement agencies: the City of Buffalo Police Department and the City of Buffalo Fire Department, Any other Agency hiring for "police officer" and "peace officer" positions, as defined by NYS CPL § 1.20 and NYS CPL § 2.10, may ask about any criminal records of applicants for such positions on pre - employment job applications and in initial interviews. (3.) Any governmental agency, public, or private service provider that provides a direct service specific to the care or supervision of children, young adults, and senior citizens may ask about any criminal records of applicants on pre - employment job applications and in initial interviews. § 154 -29. Enforcement 1. The Mayor of the City of Buffalo shall designate the Commission on Citizens' Rights and Community Relations to receive and investigate complaints under this article. 2. The Commission on Citizens' Rights and Community Relations shall be authorized to preliminarily receive and investigate, in confidence, any and all complaints of violations of this article. Such complaints shall be made under oath, and the Commission shall have the power to hold private or public hearings on such complaints and take the testimony of persons under oath with the aid of their counsel. 3. Any person or organization, whether or not an aggrieved party, may file with the Commission on Citizens' Rights and Community Relations a complaint alleging violation of this article within 30 days from the date of the finding. Such complaint shall be in writing on the Commission on Citizens' Rights and Community Relations Discrimination Complaint Form. 4. The Director of the Commission on Citizens' Rights and Community Relations shall notify the accused party within 30 days of the date of the filing of the complaint and request the accused party to answer the complaint in writing within 20 days after the mailing of such notice. The date of the mailing of the Director's notification shall be endorsed thereon. The Commission on Citizens' Rights and Community Relations Director shall, thereafter, make a prompt investigation in connection with the complaint sufficient to determine whether there is probable cause to establish discriminatory conduct. Within 120 days of the date of the filing of the complaint, the Commission shall conclude the investigation and determine whether there is probable cause to support a finding of discriminatory conduct by the accused party under this article and shall refer the matter to the Commission on Citizens' Rights and Community Relations Director, who shall issue his determination of dismissal or further prosecution of the complaint within 60 days of receipt of the Commission's report and recommendation. § 154 -30. Penalties for Offenses 1. Upon certification by the Commission on Citizens' Rights and Community Relations Director that there has been an affirmative finding of probable cause of discriminatory practice, the Director may: A. Request the Corporation Counsel to file an action against the accused party, m a court of competent jurisdiction, seeking the imposition of the following penalties: (a) Revocation or suspension of any license, permit, or contract issued by the City of Buffalo necessary to the purposes of this article; and /or (c) All costs, expenses and disbursements incurred by the City of Buffalo in effecting compliance with this article; and /or (d) Such other relief directed by a court of appropriate jurisdiction: and /or B. The Corporation Counsel may seek a contempt order from a court of appropriate jurisdiction, if necessary, to enforce a conciliation agreement or penalties imposed under this article. C. The aggrieved party may commence a civil action or proceeding for injunctive relief, damages, and other appropriate relief in law or equity against a person who violates this article. In any such action or proceeding, the court, in its discretion, may allow for the party commencing such action or proceeding, if such party prevails, a reasonable attorney's fee as part of the costs. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 109 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. • JeffreyA. Banas • Molly Costantino • Margaret M. Serafini TOTALS ADOPTED BY: DEMONE A SMITH NO. 110 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: • Lyndsey M. Barnes • Shannon Bloomquist • Zachariah Patrick Braunscheidel • Nicholas J. Dhimitri • Errin E. Doyle • Derrick J. Esford • Justine Gabreski • Neal Joseph Hunter • Paula M Licata • JohnA. Mackowiak Jr • Joseph Malczewski • PeterA. Radetich • Brian D. Sarama • Robert Skrabacz TOTAL: 14 ADOPTED NO. 111 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, June 5, 2012 at 9:45 o'clock A.M. Committee on Finance following Civil Service Tuesday, June 5, 2012 at 10:00 o'clock A.M. Committee on Comm. Dev. Tuesday, June 5, 2012 at 1:00 o'clock P.M. Committee on Legislation Tuesday, June 5.2012 at 2:00 o'clock P.M. Special Committees Committee on Claims Wednesday, June 6, 2012 at 11:00 o'clock AM (Public Disclaimer): All meetings are subject to change and cancellation by the respective Chairmen of Council Committees. In the event that there is sufficient time given for notification, it will be provided. In addition, there may be meetings set up whereby the City Clerk's Office is not made aware: therefore, unless we receive notice from the respective Chairmen. we can only make notification of what we are made aware. On a motion by Mr. Golombek, Seconded by Mr GERALD CHWALINSKI CITY CLERK May 29, 2012 NO. 112 ADJOURNMENT Scanlon, the Council adjourned at 2:38 P.M.