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Home My WebLink About12-0612 (2)NO. 12 PROCEEDINGS OF THE CITY OF BUFFALO JUNE 1212012 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 I 101 D L+Z H_ 1 r to] 011 »:191e]:0 r H 9 W_ T e 7 DATE June 12, 2012 FINAL MAYOR 1- A. Requesting Gov. Cuomo to Help Delay the Demo of Properties On Busti Ave By The Bflo & Fort Erie Public Bridge Authority R &F MAYOR - EXECUTIVE 2- 1. Cit Serv- Submission of Monthly Report May 2012 R &F 3- 2. Plan Bd -Final Environmental Impact Statement - Children's Hospital/ Bflo Niagara Medical Campus CD COMPTROLLER 4- 3. Amended Annual Audit Plan -FY 2011 -2012 R &F 5- 4. Investment & Debt Management Bond Closeout FIN 6- 5. Appoint Associate Accountant(Perm)(Inter)(Fanton) CS PUBLIC WORKS 7- 6. Change in Contract -MLK Jr Park - Humboldt Basin Imp(Mas) APP 8- 7. Permission to Hire Consultant -Fire Station Rehab(Various) APP 9- 8. Permission to Hire Consultant -Hatch Restaurant Addition & Alterations APP 10- 9. Permission to Hire Consultant- Streets Garage Planning & Analysis(Ell) APP 11- 10. Report of Bids Bridge Washing 2011 APP 12- 11. Report of Bids Caz Park Casino Interior Reconst(South) APP 13- 12. Report of Bids Portable Toilets for COB Parks(Various) APP 14- 13. Report of Bids Mass Ave Project -Phase II(Nia) APP 15- 14. Request Permission to Accept Donation of Supplies and Materials From South Buffalo Celtics APP CORPORATION COUNSEL 16- 15. Response -Drug and Gun Free Zone -The Belle Center LEG PERMITS AND INSPECTIONS 17- 15A Food Store License(New) -2159 Genesee(Lov) APP W /COND 18- 15B Food Store License(New) -2067 Niagara(Nia) APP 19- 16. Lodging House License -619 Lafayette(Del) LEG 20- 17. Restaurant Dance License Renewal -2046 Fillmore(Mas) LEG 21- 17A Second Hand Dealer -903 Tonawanda(North) APP 22- 18. Used Car Dealer -1906 Genesee(Lov) APP ADMINISTRATION AND FINANCE 23- 19. Sale of Vehicles & Equipment(Various) APP COMMUNITY SERVICES 24- 20. Proposed Agmt With Bflo & EC Workforce to Administer Payroll Functions of the Mayor's Summer Youth Program APP CITY CLERK 25- 21. Liquor License Applications R &F 26- 22. Reports of Attendance R &F 27- 23. Appoint Common Council Staff(Fisher) ADOPT 28- 24. Notices of Appointment - Seasonal R &F 29- 25. Notices of Appointments- Temp /Prov /Perm CS MISCELLANEOUS 30- 26. N. Bonaparte- Response to Res #91, 4/3/12 Trayvon Martin Investigation R &F 31- 27. LP Ciminelli Board Packet Documents -June 2012 ED 32- 28. G. Chwalinski - Article Solvay Scrap Yard LEG 33- 29. J. Golombek - Article- Proposal to Move Leonardo da Vinci High School ED 34- 30. J. Golombek -C. Banas -Wish to Speak on Bflo Green Code Project CD 35- 31. M. LoCurto- Questions Re City /Seneca Gaming Corp Agmt of 2006 LEG 36- 32. S. Norris - Various Requests Polish Heritage LEG 37- 33. D. Pridgen - Article Fighting Sign Pollution in Florida With Robocalls LEG 38- 34. D. Pridgen -The Penalty for Overpayment of Rental Registration LEG 39- 35. D. Rivera - Various Correspondences Re Air Quality Issues Surrounding Peace Bridge Neighborhood CD 40- 36. E. Russi - Support to Demo Houses on Busti Ave CD 41- 36A D. Smith -J. Phelan- Concerns Dog Bites & Incidents Letter Carriers CD RESOLUTIONS 71- 37. Fontana Appoint Marriage Officer for July 1 & 7(Golombek) ADOPT 72- 38. Fontana Waive Disposal Fees for Habitat for Humanity APP 73- 39. Franczyk Permission to Hang Banners in Cobblestone District APP 74- 40. LoCurto, etc Permission to Hang Flags on Main St Btwn Florence and Leroy Promoting Midway on Main Mixed Use District APP 75- 40A LoCurto War of 1812 Bicentennial Celebration in Delaware Park ADOPT 76- 41. Pridgen Tobacco -Free Initiative on the Buffalo Niagara Medical Campus LEG 77- 42. Rivera, etc Clean Air For All Residents of Buffalo APP 78- 43. Rivera Waiver of Field Fee for BIREC World Refugee Day Soccer Tourn. APP 79- 44. Rivera World Refugee Day 2012 Proclamation ADOPT 80- 45. Russell Budget & Personnel Amendment -Fire Admin Services APP 81- 45A. Scanlon Permission to Hang Banner on Seneca St for Street Car Show APP 82- 46. Scanlon Appoint Legislative Aide(Shea) ADOPT 83- 46A. Smith Comm of Deeds Public Duties ADOPT 84- 47. Smith Comm of Deeds ADOPT TABLE ITEMS - - - - -- Waterfront Neighborhood Community Development Agreement (ccp #3, 8/14/2010) SUBMISSION LIST OF COMMITTEE ITEMS FOR THE COUNCIL MEETINGS CLAIMS 42- A -1 Bandzul, Andrzej Kilanowski, Diane A -2 Bannerman, Martin, Mensah E -4 A -3 Bozeman, Patricia 58- A -4 Darling, Sean COMMUNITY DEVELOPMENT A -5 DeWind, Todd APP A -6 Ferrer, Pedro Louis & Pedro $ 5,000.00 A -7 Franklin, Sarah (Grable) APP A -8 Golebieski, Brian D. $233,750.00 A -9 Hadala, Richard APP A -10 Hart, Keon $ 7,500.00 A -11 Johnson, Barry APP A -12 Pawlicki, Tina 43- A -13 Rainey, Theodoris & Jerris 44- A -14 Teibel, Charleen $ 738.96 A -15 Woods, Denise 45- B -1 Butler, Shannon $ 1,818.41 B -2 Carter, Anthony APP B -3 Flood, Anthony 64- B -4 Geico, a /s /o Diane Trueheart Designation of Nominees for Appt to Bd of Trustees of Bflo Erie County B -5 Hojnowski, Transport B -6 Krause, Maureen 46- B -7 Metlife a /s /o Chandra Pridgen 47- B -8 Mordaunt, Heather B -9 National Fuel B -10 Nationwide Ins a /s /o Nasir Baqash & Nasheya B -11 Pochron, Kathleen B -12 Profeta, Brian B -13 Ruberto, Richard F. Sr. B -14 Ryan, David C. B -15 Salley, Regina 48 B -16 State Farm a /s /o Thomas Rizzo III 49- B -17 State Farm Ins. a /s /o Todd Walter B -18 Traina, Gabriel c/o Daniel Traina 50- C -1 ARC & COM C -2 AT &T C -3 Chiampou Travis Besaw & Kershner, LLP C -4 Goldberg Segalla, LLP C -5 Intercall C -6 Irish Propane C -7 Lardon Construction C -8 Let's Get Educated C -9 Verizon Network Integration 51- D -1 Blue, Mary D -2 Houston, Chantel D -3 Muzyka, Mary 52- E -1 Herman, Maryann E -2 Kilanowski, Diane E -3 Marak, Patricia E -4 Schwab, Leon CIVIL SERVICE 58- 53- 1. Com 11 May 29 COMMUNITY DEVELOPMENT 54- 2. Com 7 May 29 55- 3. Com 8 May 29 56- 4. Com 9 May 29 57- 5. No 61 May 29 58- 6. Res 96 May 15 PERSONAL INJURY APP $ 20,000.00 APP $ 12,000.00 APP $ 3,000.00 APP $ 6,000.00 APP $ 15,000.00 APP $ 60,000.00 APP $ 18,000.00 APP $140,000.00 APP $ 5,000.00 APP $ 9,000.00 APP $ 10,000.00 APP $233,750.00 APP $ 10,000.00 APP $ 27,500.00 APP $ 7,500.00 APP PROPERTY DAMAGE APP $ 155.18 APP $ 530.00 APP $ 1,418.10 APP $ 1,800.00 APP $ 738.96 APP $ 267.52 APP $ 4,622.32 APP $ 1,818.41 APP $ 166.74 APP $ 1,482.42 APP $ 152.03 APP $ 435.14 APP $ 1,047.26 APP $ 111.25 APP $ 780.00 APP $ 3,427.35 R &F $ 1,019.06 APP $ 2,858.22 APP PRIOR FISCAL YEAR INVOICES APP $ 225.00 APP $ 13,464.16 APP $ 13,448.00 APP $ 16,835.00 APP $ 28.01 APP $ 84.80 APP $ 6,263.40 APP $ 90.00 APP $ 2,851.01 APP MISCELLANEOUS REIMBURSEMENT 8. No 56 $ 90.00 APP $ 100.00 APP $ 3.00 APP ITEMS FOR DISCUSSION APP $ TBD RECOMMIT $ TBD RECOMMIT $ 685.81 RECOMMIT $ 2,360.00 RECOMMIT Appoint Director of Real Estate(Nelson)(Strat Amend Lease Agmt Btwn COB and Grassroots Gardens of Buffalo Inc.(Mas Lots Only)(Strat Plan) APP Report of Sale 34 Fernhill(Masten)(Strat Plan) APP Report of Sale -64 N. Parade(Mas)(Strat Plan) APP Report of Sale -283 Winslow(EII)(Strat Plan)( #9, 05/15) APP Name Park at S. Division and Lord St. "Tyler Likos Memorial Park" (Franczyk)(exc 2 nd res)(hrg 06/12) APP LEGISLATION 59- 7. No 55 May 29 W. Brown, Agent, Use 1171 Michigan for a Ground Sign(hrg 6/5)(EII) APP 60- 8. No 56 May 29 A. Piccone, Owner, Use 746 Elmwood, Convert Hair Salon to a Take -Out Restaurant(hrg 6 /5)(Del) APP 61- 9. No 57 May 29 W. Weslowski, Owner, Use 1256 Hertel to Place Outdoor Cafe in Front of Existing Restaurant(hrg 6 /5)(Del) APP 62 10 .No 58 May 29 K. Woods, Owner,Use 1853 Clinton St to Reopen an Existing Tavern (hrg 6 /5)(Lov) APP W /COND 63- 11. Com 2 May 29 Designation of Nominees for Appt to Bd of Trustees of Bflo Erie County Library(Gist)(Mayor) APP 64- 12. Com 3 May 29 Designation of Nominees for Appt to Bd of Trustees of Bflo Erie County Li brary(Thomas) (Mayor) APP 65- 13. Com 33 May 29 Food Store(New) 139 Grant(Nia)(EDPI) APP 66- 14. Com 36 May 29 Used Car Dealer 382 Genesee(Ell)(EDPI) APP W /COND 67- 15. Com 37 May 29 Used Car Dealer 742 Kensington(Masten)(EDPI) APP W /COND 68- 16. Com 17 Apr 3 Food Store(New) 1129 East Ferry (F1ll)(EDPI) APP W /COND 69- 17. No 76 May 15 Food Store License(New) 778 Tonawanda(North)( #41, 5/1) APP W /COND 70- 18. No 57 June 22 J. Makowski - Resident Council Interest in Resuming a Co -op Form for Mnat R &F CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO TUESDAY, JUNE 12, 2012 AT 2:00 P.M. Present — Richard A. Fontana, President of the Council, and Councilmembers: Franczyk, Golombek Jr., LoCurto, Pridgen, Rivera, Russell, Scanlon, Smith— 9 Absent — None -0 On a motion by Mr. Golombek, Seconded by Mr. Franczyk, the minutes of the stated meeting held on May 29, 2012 were approved. FROM THE MAYOR NO. 1 REQUESTING GOV. CUOMO TO HELP DELAY THE DEMO OF PROPERTIES ON BUSTI AVE BY THE BFLO & FORT ERIE PUBLIC BRIDGE AUTHORITY June 8, 2012 Honorable Andrew M. Cuomo Governor of New York State Executive Chamber NYS State Capitol Building Albany, NY 12224 Dear Governor Cuomo: I am writing to request that you join me in appealing to the Buffalo and Fort Erie Public Bridge Authority (PBA) to delay the planned demolition of properties on Busti Avenue in the City of Buffalo scheduled to occur later this month. As you know, I partnered with your administration in forming a working group, which includes residents, community stakeholders, the District Councilmember, and members of our respective administrations to review the PBA's proposed expansion of the Peace Bridge Plaza. The PBA has also been invited to participate, however they have indicated that they will no longer attend working group meetings. Although I believe some progress has been made through the working group process to this point, the community has raised a number of valid concerns and many unanswered questions remain. Most important, the PBA has yet to make public its current proposal, nor has it formally provided it to the City of Buffalo or the community working group. Given the significant community concern related to the proposed plaza expansion project, I find the PBA's lack of transparency to be troubling. As the proposed plans have yet to be made public, and the community working group continues to meet to discuss the proposal; I believe it would be premature to demolish the Busti Avenue properties I also believe that the premature demolition of property will create unnecessary public conflict. Therefore, I am respectfully requesting that you join me in calling upon the PBA to hold off on the demolition of the Busti Avenue properties to allow the working group we have partnered in assembling to continue to meet and work through the issues raised through this process. I also request that you join me in appealing to the PBA to make its expansion plans public and fully participate in the working group process. I am available to discuss this matter with you or your staff. Thank you for your consideration. Sincerely, Byron W. Brown Mayor RECEIVED AND FILED FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE OFFICE OF CITIZEN SERVICES NO. 2 CITY - SERV - SUBMISISON OF MONTHLY REPORT MAY 2012 The Office of Mayor, Division of Citizen Services, hereby submits, for your Honorable Body's review and approval, the monthly reports for the Mayor's Call and Resolution Center for the month of May 2012, as mandated by Section 6 -20(c) of the City of Buffalo's City Charter. This monthly statistical report details the number and nature of inquiries, requests and complaints received. RECEIVED AND FILED FROM THE CITY PLANNING BOARD NO. 3 PLAN BD -FINAL ENVIRONMENTAL IMPACT STATEMENT - CHILDREN'S HOSPITAL /BFLO NIAGARA MEDICAL CAMPUS To All Interested and Involved Agencies: Enclosed please find a CD containing the Final Environmental Impact Statement ( "FEIS ") for the proposed Children's Hospital of Buffalo to be located on the Buffalo Niagara Medical Campus. If you have any questions or concerns regarding the FEB or the Project, please do not hesitate to contact me at the City of Buffalo Planning Department at (716) 851 -5085. Sincerely, Marty Grunzweig Land Use Controls Coordinator CD available for review in the City Clerk's Office REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT. FROM THE COMPTROLLER NO.4 AMENDED ANNUAL AUDIT PLAN - FISCAL YEAR 2011 -2012 As empowered by Section 7 -5 of the Charter of the City of Buffalo, I find it necessary and desirable to amend the Annual Audit Plan for fiscal year 201 1 -2012. 1 am removing the following audits from the previously issued Plan. 0 Division of the Treasury o Buffalo Civic Auto Ramps - financial audit o Kleinhans Music Hall - financial audit o Management Information Systems Department - inventory control policy o Division of Water- revenue o Office of Licenses - cash management As always, if you have any questions, please feel free to contact this office. RECEIVED AND FILED NO. 5 INVESTMENT & DEBT MANAGEMENT BOND CLOSEOUT The City of Buffalo issues bonds to provide funds to finance the costs of various capital projects, which are described in the bond resolutions submitted to the Common Council. When the City raises capital funds by selling bonds, it is reasonable to anticipate that all of the projects will proceed timely and binding commitments for the completion of the projects will be entered into in a timely manner. Each project listed has a balance of funds remaining that will not be utilized as defined within the adopted resolution. Proceeds of bonds not expended for the object or purpose for which the bonds were sold, must be applied to the payment of principal and interest on such bonds (Local Finance Law - Section 165.00). The following accounts listed on the attachment have either... 1) Balance of funds too small to proceed with a Capital Project 2) No further commitments 3) Will not be used per resolution definition of project 4) Had no activity for number of years, or 5) Have never been used Unencumbered Account Number Account Name Balance Total Various, Various, See attached listing See attached listing $2,042,297.92 Mark J. F. Schroeder Comptroller REFERRED TO THE COMMITTEE ON FINANCE NO. 6 APPOINT ASSOCIATE ACCOUNTANT(PERM)(INTER)(FANTON) Certificate of Appointment Appointment effective June 4, 2012 in the Department of Audit and Control Division of Accounting to the Position of Associate Accountant Permanent Promotional Intermediate Starting Salary of $48,912. Richard J. Fanton, 193 West Woodside Avenue Buffalo 14220 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO. 7 CHANGE IN CONTRACT -MLK JR. PARK - HUMBOLDT BASIN IMPROVEMENTS (MAS) I hereby submit to Your Honorable Body the following changes for MLK Jr. Park, Humboldt Basin Improvements, Wendel Duchscherer, C #93000369. 1. Additional professional services required to complete Add $116,550.00 And inspection observation services for the MLK Basin Project. The foregoing changes result in a net increase in the contract of One Hundred Sixteen Thousand Five Hundred Fifty and 00/100 Dollars ($116,550.00). Summary: Original Contract Amount $ 61,820.00 Previously Approved Change orders $430,204.00 Amount of This Change Order ( #6) $116,550.00 Revised Contract Amount $608,574.00 Costs have been reviewed by the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work will be available in an account to be named at a later date. Mr. Smith moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated June 12, 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 #6 in the amount of $116,550.00 (Original Contract Amount $61,820.00 + Previously Approved Change Orders $430,204.00 + Change Order #6 $116,550.00 for a total revised contract amount of $608,574.00) for the MLK Jr. Park, Humboldt Basin Improvements to Wendel Duchscherer, C #93000369. Funds for the project will be available in an account to be named at a later date. PASSED AYES 9, NOES 0 NO. 8 PERMISSION TO HIRE CONSULTANT FIRE STATION REHABILITATION VARIOUS LOCATIONS I hereby request that Your Honorable Body authorize the Department of Public Works, Parks & Streets to hire a consultant to provide architectural /engineering services for partial reconstruction of various fire stations located throughout the city. Funds are available in 35323206 and 34323706 445100 - Buildings. Mr. Smith moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated June 6, 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 /engineering services for partial reconstruction of various fire stations located throughout the city. Funds are available in Account 35323206 and 34323706 445100 - Buildings. PASSED AYES 9, NOES 0 NO. 9 PERMISSION TO HIRE CONSULTANT HATCH RESTAURANT ADDITION & ALTERATIONS I hereby request that Your Honorable Body authorize the Department of Public Works, Parks & Streets to hire a consultant for architectural /engineering services for improvements to the Hatch Restaurant, consisting of an addition and improvements to the existing facility. Funds are available in 35328206 445100 - Buildings. Mr. Smith moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated June 6, 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 /engineering services for improvements to the Hatch Restaurant, consisting of an addition and improvements to the existing facility. Funds are available in Account 35328206 445100 - Buildings. PASSED AYES 9, NOES 0 NO. 10 PERMISSION TO HIRE CONSULTANT STREETS GARAGE PLANNING & ANALYSIS I hereby request that Your Honorable Body authorize the Department of Public Works, Parks & Streets to hire a consultant to prepare surveys, preliminary and detailed plans, specifications and estimates necessary for planning a new Department of Public Works Streets Garage. Funds are available in 30320906 445100 - Buildings. Mr. Smith moved: That the above communication from the Commissioner of Public Works. Parks and Streets dated June 6, 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 prepare surveys, preliminary and detailed plans, specifications and estimates necessary for planning a new Department of Public Works Garage. Funds are available in Account 30320906 445100 - Buildings. PASSED AYES 9. NOES 0 NO. 11 REPORT OF BIDS BRIDGE WASHING 2011 PIN #6769.46 This is to advise Your Honorable Body that I have advertised and received bids on May 16, 2012. The lowest bids received were: Contractor Base Bid + Alternate "A" = Total Bid Price Dandrow's Painting, Inc. $40,768.00 $23,920.00 $64,688.00 6 Trade Road Plattsburgh, NY 12901 Hunting Valley Construction, Inc. $49,912.00 $25,624.00 $75,536.00 P.O. Box 26 Bowmansville, NY 14026 Acme Powerwashing, Inc. $57,840.00 $26,500.00 $84,340.00 Powerline Road Holley, NY 14470 Destro Brothers $62,300.00 $44,500.00 $106,800.00 411 Ludington Buffalo, NY 14206 1 hereby certify that the lowest responsible bidder for the above project is DandrOw's Painting, Inc. and I respectifully recommend that Your Honorable Body authorize a contract award to Dandrow's Painting, Inc. in the amount of $67,922.40: (Base Bid of $40,768.00 + [Alternate "A "] 23,920.00 + [5% unit price increases] $3,234.40 equals [Total Award] $67,922.40). The total engineer's estimate for this work is $103,900.00 [Base Bid - $82,800.00 + Alternate "A" - $21,100.00]. Funds for this project are available in our Capital Account #31720016 - 445100 and an account to be named at a later date. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of Public Works, Parks and Streets, dated May 31, 2012, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to enter into a contract in the Total amount of $67,922.40 (Base Bid of $40,768.00 — [Alternate "A'] $23,920.00 T [5% unit price increases] $3,234.40 equals [Total Award] $67,922.40) to Dandrow's Painting, Inc. Funding for this project is available in Capital Account #31720016 - 445100 and an account to be named at a later date, PASSED AYES 9, NOES 0 NO. 12 REPORT OF BIDS CAZENOVIA PARK CASINO INTERIOR RECONSTRUCTION JOB #1260 SOUTH DISTRICT I issued bid requests on May 21, 2012 and received the following informal bids for Cazenovia Park Casino, Interior Reconstruction on June 4, 2012. Base Bid Alt #1 Alt #2 Alt #4 Nichter Associates $12,900 $4,800 $8,000 $8,800 3435 Harlem, Cheektowaga, NY Miller Enterprises $11,800 $6,200 $7,800 $9,200 12 Newfield, Buffalo, NY Allgaier Construction $15,000 $6,200 $9,400 $9,500 4790 Thompson, Clarence, NY Alternate #1 is for general construction work to be done in the food prep area. Alternate #2 is for general construction work to be done in the main hall area. Alternate #4 is for general construction work to be done in the men's and women's restrooms. I hereby certify that the foregoing is a true and correct statement of all bids received and that Nichter Associates, with a base bid of $12,900.00, add Alt. #1 for $4,800.00, add Alt. #2 for $8,000.00, add Alt. #4 for $8,800.00, for a total bid Of Thirty Four Thousand Five Hundred and 00/100 Dollars ($34,500.00), is the lowest responsible bidder in accordance with the plans and specifications. I recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to order on the basis of the lowest responsible bid. Funding for this project is available in 32320406 445100 - Buildings. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of Public Works, Parks and Streets, dated June 4, 2012, be received and filed and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to enter into a contract in the Total amount of $34,500.00 (Base Bid of $12,900.00 + Alternate #1 for $4,800.00 + Alternate #2 for $8,000.00 + Alternate #4 for $8,800.00 for a total bid of $34,500.00) to Niehter Associates. Funding for this project is available in Account 32320406 445100 - Buildings. PASSED AYES 9. NOES 0 NO. 13 REPORT OF BIDS PORTABLE TOILETS FOR CITY OF BUFFALO PARKS VARIOUS DISTRICTS I advertised for bids on May 18, 2012, and received the following formal sealed bid for the Portable Toilets for City of Buffalo Parks contract, which were publicly opened and read June 1, 2012. Contractor Bid Ball Toilet & Septic Service $124.90 per month /standard unit Blasdell, NY $182.90 per month /ADA unit I hereby certify that the foregoing is a true and correct statement of all bids received and that Ball Toilet & Septic Services with a bid of $124.90 per month for a single standard unit and $182.90 per month for a single ADA compliant unit is the lowest responsible bidder in accordance with the plans and specifications. I hereby respectfully request that Your Honorable Body approve authorize the Commissioner of Public Works, Parks and Streets to order the work on the basis of the low bid. Funds for this work are available in Account #14222006 - 444201 plus an account to be named at a later date. Your consideration toward this request is greatly appreciated. Steven J. Stepniak Commissioner of Public Works, Parks & Streets Mr. Smith moved: That the above item be, and the above communication from the Commissioner of Public Works, Parks and Streets, dated June 6, 2012, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to enter into a contract in the amount of $$124.00 per month /standard unit and $182.90 per month /ADA unit to Ball Toilet & Septic Service. Funding for this project is available in Account #14222006 - 444201, and an account to be named at a later date. PASSED AYES 9, NOES 0 NO. 14 REPORT OF BIDS MASSACHUSETTS AVENUE PARK PHASE II JOB #1242 NIAGARA DISTRICT I advertised for on May 14, 2012, and received the following formal sealed bids for Massachusetts Avenue Park, Phase 11, which were publicly opened and read on May 30, 2012. Base Bid Alt #4 Alt #5 Alt #6 STC Construction $229,500.00 $9,210.00 $14,050.00 $13,250.00 P 0 Box 459, Springville, NY Occhino Paving Corp $196,377.00 $16,736.00 $26,741.00 $26,180.00 2650 Seneca, West Seneca NY Titan Development $206,500.00 $26,000.00 $38,000.00 $38,000.00 8534 Seaman, Gasport, NY Nova Site $225,522.00 $20,275.00 $26,000.00 $25,400.0 6 Lena, West Seneca, NY Pinto Construction $248,797.00 $30,060.00 $40,479.00 $39,818.00 1 Babcock, Buffalo, NY Anastasi Trucking $276,878.00 $2,470.00 $26,806.00 $26,243.00 4430 Walden, Lancaster, NY Alternate #4: Remove existing 12' high chain link fence and posts on southwest side (Lawrence Place side) of the site; install approximately 176 linear foot of new 12' high chain link fence and new posts. Alternate #5: Remove existing 12' high chain link fence and posts on northwest side (Hampshire Street side) of the site; install approximately 286 linear foot of new 12' high chain link fence and new posts. Alternate #6: Remove existing 12' high chain link fence and posts on the northeast side (Winter Street side) of the site; install approximately 280 linear foot of new 12' high chain link fence and new posts. I hereby certify that the foregoing is a true and correct statement of all bids received and that STC Construction., with a Base Bid of $229,500.00, add Alternate #4 for $9,210.00, add Alternate #5 for $14,050.00, add Alternate #6 for $13,250.00, add 10% contingency for $26,601.00, for a total bid price of Two Hundred Ninety Two Thousand Six Hundred Eleven and 00/100 Dollars ($292,611.00) is the lowest responsible bidder in accordance with the plans and specifications. I recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to order the work on the basis of the low bid. Funds for this project are available in 34400206 445100 - Buildings. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of Public Works, Parks and Streets, dated June 12, 2012, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to enter into a contract in the Total amount of $292,611.00) Base Bid of $229,500.00 + Alternate #4 for $9,210 + Alternate #5 for $14,050.00 + Alternate #6 for $13,250.00 for a total bid of $292,611.00) to STC Corporation. Funding for this project is available in Account 34400206 445100 - Buildings. PASSED AYES 9. NOES 0 NO. 15 REQUEST PERMISSION TO ACCEPT DONATION OF SUPPLIES AND MATERIALS FROM THE SOUTH BUFFALO CELTICS FOR TIFFT PLAYFIELDS SHELTER HOUSE Permission is hereby requested from Your Honorable Body to accept donation of supplies and materials to be used for the following improvements at Tifft Farms (George Hartmann) Shelter House: paint for locker rooms, $5,000.00 Field accessories, and aluminum Benches Your consideration toward this request is greatly appreciated. Steven J. Stepniak Commissioner Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated June 6, 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 supplies and materials to be used to improvements at Tifft Farms (George Hartman) Playfields to paint the locker rooms, field accessories and aluminum benches. PASSED AYES 9, NOES 0 FROM THE CORPORATION COUNSEL NO. 16 DRUG AND GUN FREE ZONE - THE BELLE CENTER ITEM 106 CCP MAY 15, 2012 Dear Mr. Chwalinski: The Common Council has asked whether it is feasible to place Gun and Drug Free Zone signs in the vicinity of the Belie Community Center at 104 Maryland Street in the City of Buffalo. Drug Free Zones and Gun Free Zones are popular names for two separate legal initiatives. NO DRUG ZONE SIGNS Penal law §220.44, makes it a class B felony to sell a controlled substance of a child day care center or an educational facility as defined in the statute. A child day care facility must be one as defined in §399(c) of the Social Services Law. An important element of the Penal Code §220.44 is that "a rebuttable presumption shall be established that a person has knowledge that they are within the grounds of a child day care or educational facility when notice is conspicuously posted of the presence or proximity of such facility. The posting of signs identifying the presence of the child day care facility assists in the prosecution of controlled substance sales as a class B felony. The New York State Department of Transportation has established a standard for such signs, and they may be posted on Buffalo City streets. The Buffalo School District has posted this type of sign around school buildings. These have been authorized to be placed on City right of way with the permission of the Department of Public Works, Parks and Streets when the signs do not interfere with a traffic control device, such as a stop sign or other sign that controls the flow of traffic. The signs erected at Buffalo Public School were made at School District expense and placed by School District personnel at places designated by the Department of Public Works, Streets and Parks. The City does not pay for these signs, their installation, maintenance or replacement, If the City were to manufacture this size of sign the cost to the City would be approximately $100 per Sign. The text would have to clearly state the presence of the specific facility. For example "DRUG FREE ZONE / BELLE CENTER CHILD DAY CARE ". Identification as a child day care center is necessary to the notice. If the Belle Center operates a child day care facility as defined in Social Services Law "No Drug Zone" signs may be authorized on City right -of way, including on street light standards and parking sign posts around the facility. Sign costs are the responsibility of the facility. NO GUN ZONE SIGNS "No Gun Zone" legislation derives from the Federal Gun -Free Schools Act. That act requires that States must have a policy of suspending, for one year, students who bring weapons into a public school. Failure to have such a policy can lead to a loss of Federal education funding. New York State enacted Education Law §3214(d) to carry out that Federal policy. Unlike the Penal Law provisions that make knowledge of the presence of a school a part of criminal intent, the Education Law addresses school discipline of its students. The popular term "Gun Free Zone" describes the policy that there shai1 be no guns in schools. There is not, however, a general police enforcement mechanism as there is for the "Drug Free Zone ". The "Gun Free Zone" sign is a school's manner of publicizing the policy to its student body. These signs have no State Department of Transportation standard, and are not to be affixed to the public rights -of -way, as they do not serve the enforcement of laws that apply to traffic, parking or the public at large. "Gun Free Zone" signs, as a school policy statement, may be placed on school property, but they may not be placed in the public right -of way. Very truly yours, TIMOTHY A. BALL Corporation Counsel REFERRED TO THE COMMITTEE ON LEGISLATION FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT & INSPECTION SERVICES NO. 17 FOOD STORE (NEW) 2159 GENESEE(LOVEJOY) Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 2159 GENESEE ( Zealmart Inc. /Ahmed A. Saeed) 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. That the above item be, and the same hereby is returned to the Common Council with a recommendation for approval on condition. Mr. Smith moved: That the Commissioner of Permits and Inspections Services is hereby authorized pursuant to Chapter 194 of the City Code to issue a Food Store License to Ahmed A. Saeed d /b /a Zealmart Inc. located at 2159 Genesee. Passed./ COND The following conditions: 1.. No drug paraphenelia 2. No Sales of Dutchie or Blunt cigars. AYES -9 NOES -0 NO. 18 FOOD STORE (NEW) 2067 NIAGARA(NIAGARA) Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 2067 Niagara (Eagle Mon Asian Market / Banya Raman Htaw Weang) and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collection Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Mr. Smith moved: That the above item be, and the same hereby is returned to the Common Council with a recommendation for approval on condition. 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 Banya Raman Htaw Weang d /b /a Eagle Mon Asian Market located at 2067 Niagara, PASSED AYES -9 NOES -0 NO. 19 LODGING HOUSE LICENSE 619 LAFAYETTE (DELAWARE) Pursuant to Chapter 254 of the City of Buffalo Ordinances please be advised that I have examined the attached application for a Lodging House License located at 619 Lafayette, and find that as to form is correct. I have caused an investigation into the premises for which said application for a Lodging House license is being sought —d according to the attached reports from the Zoning Office, Fire Department, Police, and Building Inspections, Health Department. 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 Joseph Lettieri. The attached thereto for Joseph Lettieri. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 20 RESTAURANT DANCE LICENSE 2046 FILLMORE Pursuant to Chapter 150 of the City of Buffalo Ordinances, please be advised that I have caused an investigation into the premises located at 2046 Fillmore for which said renewal application for a Restaurant Dance Class III license is being sought by Curtis Drake @ New Golden Nugget and according to the attached reports from the Fire Department, Police Department and Building Inspections, I find it complies with all regulations and other applicable taws. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 21 SECOND HAND DEALER 903 TONAWANDA (NORTH). 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 903 Tonawanda 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 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 Angela Mueller. The attached thereto for Angela Mueller d /b /a /Chubby's. This request is submitted for your approval or whatever action you deem appropriate. Mr. Smith moved: That the above communication from the Department of Economic Development Permit and Inspection Services dated June 7, 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 Angela Mueller located at 903 Tonawanda on the condition there will be no outdoor storage of appliances or goods for sale. PASSED AYES -9 NOES -0 NO. 22 USED CAR DEALER 1906 GENESEE (LOVEJOY) Pursuant to Chapter 254 of the City of Buffalo Ordinances, please be advised that I have examined tile attached application for a Used Car Dealer License located at 1906 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 n -6ral character of 2nhn Mango. The attached thereto for John Mango /dba/ Executive Motor Cars This request is submitted for your approval or whatever action you deem appropriate. Mr Smith moved: That the Commissioner of Permits and Inspections Services is hereby authorized pursuant to Chapter 254 of the City Code t— issue a Used Car Dealer License to John Mango d /b /a Executive Motor Cars located at 1906 Genesee. PASSED AYES -9 NOES -0 FROM THE COMMISSIONER OF ADMINISTRATION, FINANCE, POLICY & URBAN AFFAIRS NO. 23 SALE OF VEHICLES /EQUIPMENT The Division of Purchase is requesting permission to sell the listed below vehicles /equipment by means of auction /scrap VC -01 2000 Ford Suburban S -41 2000 Volvo Tandem Axle Dump S -44 2000 Volvo Tandem Axle Dump S -46 2000 Volvo Tandem Axle Dump S -47 2000 Volvo Tandem Axle Chasis S -130 1997 Peterbilt Refuse Truck Jacobsen tow behind sweeper mode 720 BPK -52 EQ Saxon Tow Behind vac Various obsolete /inoperable equipment in Print Shop: Pitney Bowes Mail Machine - serial 36087 Multiigraphics Printing Presses (2 -each) AB Dick Printing Press -City tag #7963 Multigraphics Plate Maker - serial 193135 Jetplate Plate maker & processor -City tag # 056994 - 056995 Martin Yale folding machine serial 2023 Yale Eaton pallet jack. Multi collator Challenge Champion Shrink Wrapper Dayton Bench Grinder LR155562 Lectrjog Joggers (10) Challenge Drill Press #27340 Pitney Bowes Tabletop folder #7095330 Bostich floor stapler #5226 Mr. Smith moved: That the above item be, and the above communication from the Director of Purchase, dated June 12, 2012, be received and filed; and That Division of Purchase is authorized to sell the vehicles listed the June 4, 2012 Communication, by means of auction /scrap. PASSED AYES -9 NOES -0 FROM THE COMMISSIONER OF COMMUNITY SERVICES & RECREATIONAL PROGRAMMING NO. 24 CITY'S DEPARTMENT OF COMMUNITY SERVICES & RECREATIONAL PROGRAMMING'S PROPOSED AGREEMENT WITH BUFFALO AND ERIE COUNTY WORKFORCE DEVELOPMENT CONSORTIUM INC. TO ADMINISTER THE PAYROLL FUNCTIONS OF THE MAYOR'S SUMMER YOUTH EMPLOYMENT PROGRAM The City of Buffalo Department of Community Services & Recreational Programming (the "Department ") is positioned to engage the Buffalo and Erie County Workforce Development Consortium. Inc. ( "WDC ") to administer the payroll functions of the Mayor's Summer Youth Employment Program (the "Youth Program ") for the second summer m a row. WDC will again involve Workforce Corporation of Buffalo and Erie County ( "WCBE ") in WDC's administration of Youth Program payroll functions. The Youth Program is a time honored tradition in Buffalo under which youth throughout the City are gainfully employed during the summer months (with the possibility this summer of some limited Youth Program extension beyond the summer months) in valuable on the job work and life experience ventures. The Department of Community Services and Recreational Programming will again this summer perform al managerial /oversight functions for the Youth Program except for the payroll. The City's engagement of WCBE to directly oversee the payroll function aspects of the Youth Program will again this year result in the City's youth being better served. The Youth Program's funding from City budget sources for this summer (City's fiscal year 2012 -13 budget beginning July 1, 2012) is expected to be at least $1,060,000, with up to $1 060,000 thereof expected to be allocated to WCBE and or WDC for Youth Program purposes and salaries for the participating youth. Direct operation and management by WCBEM/DC of the payroll functions of the Youth Program Js expected to again this summer streamline Youth Program operations and management and is expected to also again facilitate faster and more efficient payroll turnaround and direct payroll distribution to the participating youth. Accordingly, the Department requests your Honorable Body to: Grant the Deputy Commissioner and the Department the specific authority to enter into an agreement in form and substance acceptable to the department and fund up to $1.060.000 from the Department to WCBE and or to WDC to help administer the payroll functions of the youth program. Authorize the Department and or other appropriate City staff to take all such steps and actions and to execute and or process such additional documentation, agreements and or modifications thereto as shall be necessary to facilitate and implement the terms and provisions of the agreement: and Direct the Corporation Counsel and other appropriate City and Department personnel to negotiate to finalization said agreement and other necessary documentation and agreements wherever necessary for execution and actual implementation of the above tasks and objectives- Mr. Smith moved: That the above item be, and the above communication from Deputy Commissioner of the Department of Community Services. dated June 12, 2012, be received and filed and That the Common Council hereby authorizes the Deputy Commissioner of the Department Community Services to enter into an agreement in form and substance acceptable m the department and fund up to $1,060,000.00 from the Department to Workforce Corporation of Buffalo and Erie County ( "WCBE') and /or to Buffalo and Erie County Workforce Development Consortium, Inc. ( "WDC ") to help administer the payroll functions of the youth program; authorizes the Department and /or other appropriate City staff to take all such steps and actions and to execute and /or process such additional documentation, agreements, and /or modifications thereto as shall be necessary to facilitate and implement the terms and provisions of the agreement; and direct the Corporation Counsel and other appropriate City and Department personnel to negotiate to finalization said agreement and other necessary documentation and agreements wherever necessary for execution and actual implementation of the above tasks and objectives. PASSED AYES -9 NOES -0 FROM THE CITY CLERK NO. 25 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 810 Elmwood Sole Maura Crawford 256 Allen Street The Bend Kyle E. Daving 228 Franklin St Franklin St Social Club Joseph Malaigues RECEIVED AND FILED NO. 26 REPORTS OF ATTENDANCE I transmit herewith communications received by me, from the various boards, commissions, agencies and authorities reporting the membership attendance at their respective meetings: Buffalo Sewer Authority RECEIVED AND FILED NO. 27 APPOINT COMMON COUNCIL STAFF(FISHER) Appointment effective May 24, 2012 in the Department of Common Council, South District, to the position of Legislative Aide, Unclassified, Exempt at the flat salary of $36,242.00 Matthew Fisher, 111 Eden St, Buffalo, NY 14220 ADOPTED NO. 28 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 May 28, 2012 in the Department of Public Works, Parks and Streets, Division of Engineering to the Position of Bridge Operating Engineer, Seasonal Appointment at the Flat rate of $12.06/hr Lewis King, 59 Chester St, Buffalo, NY 14208 CERTIFICATE OF APPOINTMENT Appointment effective May 28, 2012 in the Department of Public Works, Parks and Streets, Division of Engineering to the Position of Laborer II, Seasonal Appointment at the Flat rate of $12.06/hr James Francis, 137 Vandalia, Buffalo, NY 14204 CERTIFICATE OF APPOINTMENT Appointment effective May 29, 2012 in the Department of Strategic Planning, Division of Real Estate to the Position of Laborer II, Seasonal Appointment at the Flat rate of $12.06/hr Mark Welch, 22 Rex Place, Buffalo 14211. NO. 29 APPOINTMENTS - TEMPORARY, PROVISIONAL OR PERMANENT I transmit herewith Appointments in the various departments made at the Minimum (Temporary, Provisional or Permanent) (as per contract requirements) REFERRED TO THE COMMITTEE ON CIVIL SERVICE. CERTIFICATE OF APPOINTMENT Appointment Effective May 24, 2012 in the Department of Public Works, Parks and Streets, Division of Engineering to the Position of Principal Engineer, Permanent at the minimum Salary of $62,550.00 Michael Finn, 231 Virgil Ave, Buffalo, NY 14216 NON - OFFICIAL COMMUNICATIONS. PETITIONS AND REMONSTRANCES NON - OFFICIAL COMMUNICATIONS NO. 30 N. BONAPARTE- RESPONSE TO RES# 91,4/03/2012 TRAYON MARTIN INVESTIGATION Dear Ms. Paul: I just wanted to take an opportunity to say "thank you" for forwarding City of Buffalo, New York, Resolution No. 91. This is a very tragic situation and we, too, look for justice to be done in the death of Trayvon Martin. City Manager RECEIVED AND FILED NO. 31 LP CIMINELLI BOARD PACKET DOCUMENTS JUNE 2012 MEMORANDUM Attached are the following documents from the Joint Schools Construction Board meeting scheduled on June 4, 2012: 1. Draft Agenda 2. Meeting Minutes from JSCB Meeting dated May 7, 2012 3. Fully Executed Phase II Application and Certificate for Payment No. 45 - November 2011 4. Fully Executed Phase III Application and Certificate for Payment No. 48 - April 2012 5. Fully Executed Phase IV Application and Certificate for Payment No. 46R- April 2012 6. Fully Executed Phase V Application and Certificate for Payment No. 29 -April 2012 7. Phase 17 Application and Certificate for Payment No. 46 - May 2012 8. Phase III Application and Certificate for Payment No. 49 - May 2012 9. Phase IV Application and Certificate for Payment No. 47 - May 20 i2 10. Phase V Application and Certificate for Payment No. 30 - May 2012 11. Program Packaging and Development Services (PPDS) Provider Update 12. Bevlar & Associates Inc. Construction Contract Monitoring and Compliance Services Monthly Report for Addendum 1 Phase IV Project- April 2012 13. Bevlar & Associates Inc. Construction Contract Monitoring and Compliance Services Monthly Report for Addendum 1 Phase V Project -April 2012 14. Inclusion Development Associates, Inc. Construction Contract Compliance Monitoring Monthly Report for Phase IV - April 2012 15. Compliance & Administrative Services New York Compliance Monthly Report for Phase V -April 2012 Copy Available for Review in the City Clerk's Office REFERRED TO THE SPECIAL COMMITTEE ON EDUCATION NO. 32 G. CHWALINSKI- ARTICLE SOLVAY SCRAP YARD The attached newspaper article was sent to our office with a request that it be filed with the Common Council for their review Sincerely, Gerald Chwalinski City Clerk Enclosure Available for review in The City Clerk's Office REFERRED TO THE COMMITTEE ON LEGISLATION. NO. 33 J. GOLOMBEK- ARTICLE - PROPOSAL TO MOVE LEONARDO DA VINCI HIGH SCHOOL Dear Mr. Chwalinski: Please file the attached email regarding the proposal to move Leonardo da Vinci High School to the former Grover Cleveland building. The partnership with D'Youville College is critical to the success of Leonardo da Vinci High School. This item should be sent to the Committee on Education for further discussion. Copies of this item should be sent to the Buffalo Board of Education, the Superintendent of the Buffalo Public Schools and D'Youville College for their response and recommendations. Your assistance is greatly appreciated. Sincerely, Joseph Golombek, Jr. North District Councilmember REFERRED TO THE SPECIAL COMMITTEE ON EDUCATION NO. 34 J. GOLOMBEK -C. BANA -WISH TO SPEAK ON BFLO GREEN CODE PROJECT Dear Mr. Chwalinski, I ask that you file the attached letter for discussion at the June 12 2012 Common Council meeting. I thank you for your time and consideration on this matter. If you have any further questions, please feel free to contact me at 851 -5116. Sincerely, Joseph Golombek Jr. North District Council Member Dear Mr. Golombek As per our conversation this week at Riverside High School, a appreciate the opportunity to speak to the Community Development Committee about the Buffalo Green Code project, As you Know, I have been advocating for many years on behalf of the AIA. as well as other concerned community and professional organizations, for much - needed zoning reform. I have a formal presentation of about 20 minutes in length, which would be followed by a discussion of any length deemed necessary and appropriate. As the first draft of the GreenCode is written, I think the briefing would be of great value to you and members of the committee in understanding the core principles and potential benefits of the new zoning ordinance. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 36 M. LOCURTO - QUESTION RE CITY /SENECA GAMIN CORP AGMT OF 2006 Questions about the City /Seneca Gaming Corporation Agreement of 2006 1. The Corporation promised to build a casino and parking ramp "substantially in accordance with" the design that was unveiled on June 1, 2006. a. Is the Corporation's new design "substantially in accordance with" the original design? b. How does the new design differ from the original design? 2. What is the status of each of the 11 infrastructure improvements promised by the Corporation, listed in Appendix C of the agreement? 3. Under the agreement, the City and Corporation were to hold regular meetings to review progress on the infrastructure improvements. What meetings have occurred to review progress? 4. The Corporation promised to make an annual report each year within 60 days of end of fiscal year with (a) total number of employees; (b) number who are minorities and women, with the Corporation's human resources manager made available, if requested, to make a presentation on it to Common Council. a. Please supply annual reports for 2007, 2008, 2009, 2010, and 2011. b. Please have the human resources manager make a presentation regarding those reports to the Common Council. 5. The Corporation agreed to work with 12 listed agencies to increase jobs and opportunities for minorities and women, including conducting job fairs in economically disadvantaged areas of the City and giving the agencies advance notice of those job fairs. a. What job fairs have been conducted, with what notice given to the 12 agencies? b. In what other ways has the Corporation worked with the 12 agencies to increase jobs and opportunities for minorities and women? 6. The Corporation promised to work with the Convention and Visitor's Bureau "to coordinate marketing of the City as a tourist destination in its own right." What work has been done to coordinate marketing with the CVB? 7. The Corporation promised to spend more than $1.7 million per year to market the casino to people outside of the eight counties of western New York as "a package with other attractions in the City," to confirm compliance with this requirement each year within 90 days of close of fiscal year, and to have a marketing executive make an annual presentation to the Common Council on the marketing. a. Please certify compliance for 2007, 2008, 2009, 2010, and 2011. b. Please have a marketing executive make a presentation to the Common Council on how the Corporation has spent more than $1.7 million per year marketing the casino to people outside of the eight counties of western New York as "a package with other attractions in the City," for the period of 2007 -2012. 8. In the agreement, the Corporation declared its intention to a. Employ approximately 1,000 people at the facilities; b. Provide a preference for City residents, acknowledging City's goal of 50% local hires; c. Use local construction companies in building the facilities; d. Buy the majority of goods and services from local vendors; e. Build to standards as high as NYS building codes; f. Strive for 25% minority and 8% women workforce and business participation; Please offer a written report and a presentation covering each of these five plans. Specifically, what preference has been given to City residents; how many City residents have been hired; what local and non -local companies have worked on construction; what local and non -local vendors have been used for goods and services; what standards were used in building the facilities, and what has been the level of workforce and business participation by women and minorities? REFERRED TO THE COMMITTEE ON LEGISLATION. NO. 36 S. NORRIS- VARIOUS REQUESTS POLISH HERITAGE Dear Common Council, As a person of Polish ancestry, and whereas Western New York is, and has always been, heavily Polish, I would like to take this podium to extol the virtues of suggesting an ordinance by the Buffalo Common Council, signed by Mayor Brown, to be comprised of these elements: First, I would like to propose renaming a street after Poland's national writer, Adam Mickiewicz. I do acknowledge that there is already a library named after him, however, naming a street after this distinguished writer, renowned among the Polonia diaspora from Cleveland, OH to St. Catharines, Ontario, to Tel Aviv, Israel to Sydney, Australia, would showcase how, just with the Dyngus Day tradition, Buffalo is leading the way and being the epicenter of everything Polish, which is also good for tourism. A trailblazing sign celebrating Mickiewiez's life and importance would be an addendum to the street named after him. In addition, I'd like to designate Poland's Independence Day, 11 /11, as "Western New York's Polish Heritage Day ", thereby celebrating the enormous contribution of Polish immigrants tot he fabric of WNY. Perhaps inviting Poland's Consul General to the signing ceremony of this ordinance would be expedient to the aforementioned cause. As Poland's Europe's #6 largest country population -wise, with a healthier economy than most Eurozone countries, it would help spur Polish tourism, a much needed commodity nowadays, to WNY, boosting our economy. I'd also like to insert in my motion a clause proposing to recognize the special bond and values between Poland and the United States, the sacrifices of Polish soldiers (Kosciusko) during our Revolutionary War and the Polish Regiments during WWI, and to highlight the cultural, historical, cuisine, traditions et al. to WNY's area. Polish immigration to our neck of the woods, including Jewish immigrants from Poland, have shaped our region and are therefore part of our history. Let's not relegate it to the history, book. Thank you! Steve Norris REFERRED TO THE COMMITEE ON LEGISLATION. NO. 37 D. PRIDGEN- ARTICLE FIGHTING SIGN POLLUTION IN FLORIDA WITH ROBOCALLS I would like to file the attached information for the next Common Council meeting to be held on June 12, 2012, Darius G. Pridgen Ellicott District Council Member Fighting Sign Pollution in Florida With Robocalls In Florida, they are as much a part of the landscape as palm trees and oceanfront hotels: plastic signs cluttering roadsides with messages like "We Buy Houses!' "Junk Cars!" and "Avoid Foreclosure. But now, worried about the impact on tourism and the state's natural beauty, some coastal communities have begun aggressive campaigns against the signs -- by robocalling the advertisers' phone numbers. "It's the only crime I know of where a person deliberately leaves their phone number behind," said Mayor Peter Bober of Hollywood, which uses computer software to call the phone numbers, up to 20 times per day, until offenders pay a $75 fine. "They want us to call. So let's call. And keep calling." Think of it as fighting one nuisance with another. The advertisements, known as snipe signs, are illegal in many Florida communities on public property like highway medians or telephone poles. But they are also cheap to print and hard to eradicate. After years of removing the signs by hand, officials in Hollywood, Oakland Park and St. Johns County recently turned to robocalling. Other cities say they are considering the option. "If everywhere you see these rickety - rockety, hodgepodge signs, the impression is not 'This is a place people will want to visit,' "said Mayor Anne E. Sallee of Oakland Park. "Instead of the attractive landscapes that people expect in Florida, you just see these signs, helter - skelter, lying there like a pile of beer cans." The technology is simple. Police officers enter the offenders' phone numbers into computer programs that generate automated messages advising the recipient to come to the police station. The pestering does not stop until the advertiser turns in the signs and, in some eases, pays a fine. The software costs $300. Cities say they are worried that the flashy signs for "Cheap Houses" and "Bankruptcy Relief will remind tourists of the slow economy, especially in Florida, which has the nation's highest foreclosure rate. The Hollywood police used to spend hours each week gathering the signs by hand. In 2009, Mr. Bober held a contest to award $500 to the person who picked up the most (the winner collected nearly 500 that day), and the signs disappeared. But they returned almost as quickly. Since the robocalls began in March, the number of signs in Hollywood has fallen by an estimated 80 percent, city officials say. So far, the city has called more than loo phone numbers, issued eight citations and gathered hundreds of signs. Advertisers, of course, are annoyed. Many have complained that the tactics are excessive and antibusiness. One, Catherine Regal, a 65 -year- old real estate agent, says she markets homes in newspapers, online and on "For Sale" signs stapled to telephone poles around the neighborhood. "The signs are so effective, you wouldn't believe," she said. In March, she began to receive automated calls from the police. At first, she ignored them, but they came every hour. "It's absurd," she said. She is especially vexed that politicians are allowed to print and post such signs, even though it is for limited periods of time and with city permission. "Why can the city put up signs but we can't ?" The California -based company that makes the robocalling software, Voicent, has sold it to more than 1,000 cities in the United States and Canada, said its marketing director, Jerry Scharf. Most cities use it to send weather alerts to schools or emergency transit alerts to travelers. Many political campaigns also use the software. But some cities have expressed caution about the technology. The City of Leesburg, Fla., has struggled with snipe signs, but officials worry that robocalls would send the wrong message, said Robert Sargent, a city spokesman. "It would have been a little too much like we were harassing people," he said. But Mr. Bober says advertisers know that what they are doing is illegal. "They may feign ignorance," he said. "But most advertisers know they've been caught with their pants down." REFERRED TO THE COMMITTEE ON LEGISLATION. NO. 38 D.PRIDGEN -THE PENALTY FOR OVERPAYMENT OF RENTAL REGISTRATION I would like to file the attached information for the next Common Council meeting to be held on April 12, 2012. Thank You, Darius G. Pridgen Ellicott District Council Member Copy available for review in the City Clerk's office REFERRED TO THE COMMITTEE ON LEGISLATION NO. 39 D. RIVERA - VIAROUS CORRESPONDENCES RE AIR QUALITY ISSUES SURROUNDING PEACE BRIDGE NEIGHBORHOOD Dear Colleagues: Please find attached to this letter several documents relevant to our discussion regarding the air quality issues surrounding the Peace Bridge neighborhood at June 5th's Community Development committee. They are as follows: A letter from the Clean Air Coalition and several of its community partners to New York State Department of Environmental Conservation Commissioner Joseph Martens, dated April 24, -2012. • Buffalo News article from November 6, 2008 - "Peace Bridge Authority is branded a slumlord for ignoring properties" • Buffalo News article from November 7, 2008 - "Bridge official promises to resolve problem properties" I request that these items be sent to Community Development for further discussion. Please let me know if you have any questions. Sincerely, David A. Rivera Niagara District Councilmember Copy available for review in the City Clerk's office REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT. NO. 40 E. RUSSI- SUPPORT TO DEMO HOUSES ON BUSTI AVE Dear Council Members: I am writing to express my support for the demolition of the vacant houses located on Busti Avenue, between Rhode Island and Vermont. These houses were purchased by the Peace Bridge Authority and were suppose to be taken down by the city of Buffalo per an agreement with the previous Mayor but instead, have remained vacant for all these years. Members of this community have repeatedly demanded that the houses be demolished, without success. As a resident and homeowner on Columbus Parkway for over thirty years and living immediately adjacent to this project, I have been attentive to the details of the proposed project. I am deeply disappointed in the lack of progress, the stagnation it has caused for the neighbors, and the division it has caused among residents (pros and cons), Recently we learned that some progress has been made and the houses are scheduled to come down in June. I understand, however, chat this action will not come without objections from those who have been opposed to the Peace Bridge Authority as a whole. Unfortunately the opposition (who claims to speak for the entire West Side community) have managed to overshadow and drown out the voices of the many residents who live in close proximity to the Bridge /Plaza, and support the prc3ect and its positive aspects. My neighbors and I feel that with the demolition of these houses the neighborhood will gain more greenspace with attractive landscaping, rather than retain the eyesores that have existed for so many years. It is our belief that new hope and optimism about the future of our great neighborhood will follow. This will encourage property owners no invest in their homes, attract new homeowners and residents to the area, and likely increase property values. Council Members, I urge you to consider these factors and join with Governor Cuomo to finally, achieve real progress on this long overdue project. Respectfully, Eugenio Russi REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT. NO. 41 D. SMITH -J. PHELAN- CONCERNS DOG BITES & INCIDENTS LETTER CARRIERS Councilman Smith: I would like to thank you for allowing the USPS to message the problems we are facing with the dogs in the community at the recent breakfast at the Delavan Grider Community Center. Your strong support for the letter carriers was evident in the messaging that you did and I cannot tell how important your support is. We are having dog bites and dog incidents at an alarming rate and the results are impacting service to the community. I am asking for your help in getting a response from the Buffalo Police Department when we have a carrier either bit or have a dog incident. We are not getting any Police response to dog complaints and I find this alarming. I will just give two recent examples; The first incident in May a letter carrier was bitten by a pit bull on a Saturday. The police said that they do not respond to dog bites. The owners gave bad information to animal control and then mysteriously the dog was gone. The carrier has been undergoing rabbi shots as there was no proof the dog received any shots. If the police had responded we may have had a different outcome and the carrier would not have to under go these very painful shots. The second incident was June 6th. A Letter Carrier was attacked by two pit bulls and bitten about 20 times all over her body. She was rushed to the hospital via ambulance and is now going through what will be a long recovery. The fire department responded as well as the emergency medical personnel but no police response. This could have been tragic if a medical van was not just down the street and the people heard the carriers cries for help. Two people rushed to the scene and kicked the dogs off of the carrier. I am asking if there is anyway to get police support when a letter carrier is involved in these dog attacks. The Police presence, expertise, and knowledge along with the ability to write a report would help us as the Postal Service deals with this very scary issue. It is my job to protect the Letter Carriers of Buffalo and any support you could give us to ensure Police response would be appreciated. Thanks for all you do, John J. Phelan Postmaster Buffalo NY 14240 716 - 846 -2401 REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT REGULAR COMMITTEES CLAIMS (DAVID A. RIVERA, CHAIRMAN) NO. 42 PERSONAL INJURY CLAIMS That upon the recommendation of the Corporation Counsel, the following actions for personal injury arising out of alleged negligence on the part of the City of Buffalo, be compromised and settled: A. 1. Andrzej Bandzul $ 20,000.00 A. 2. Bannerman, Martin, Mendah $ 12,000.00 A. 3. Patricia Bozeman $ 3,000.00 A. 4. Scan Darling $ 6,000.00 A. 5. Todd DeWind $ 15,000.00 A. 6. Pedro Louis and Petro Ferrer $ 60,000.00 A. 7. Sarah (Grable) Franklin $ 18,000.00 A. 8. Brian D. Golebieski $140,000.00 A. 9. Richard Hadala $ 5,000.00 A. 10. KeonHart $ 9,000.00 A. 11. Barry Johnson $ 10,000.00 A. 12. Tina Pawlicki $233,750.0 That checks be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years. or (480204) Current Fiscal Year, payable to the respective claimants and their attorneys, if any, herein above named, upon execution and delivery to the Corporation Counsel of proper releases and closing papers. PASSED AYES 9, NOES 0 NO. 43 PERSONAL INJURY CLAIMS That upon the recommendation of the Corporation Counsel, the following actions for personal injury arising out of alleged negligence on the part of the City of Buffalo, be compromised and settled: A. 23. Theodoris and Jerris Rainey $10,000.00 That checks be drawn on the account of Org 17222008 (480205) Judgment and Claims Prior Years, or (480204) Current Fiscal Year, payable to the respective claimants and their attorneys, if any, herein above named, upon execution and delivery to the Corporation Counsel of proper releases and closing papers. PASSED A motion by Councilmember Russell to recuse Council member Smith from the vote 2 " by Council member LoCurto AYES 8, NOES 0 NO. 44 PERSONAL INJURY CLAIMS That upon the recommendation of the Corporation Counsel, the following actions for personal injury arising out of alleged negligence on the part of the City of Buffalo, be compromised and settled: A. 14. Charleen Teibel $27,500.00 A. 15. Denise Woods $ 7,500.00 That checks be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current Fiscal Year, payable to the respective claimants and their attorneys, if any, herein above named, upon execution and delivery to the Corporation Counsel of proper releases and closing papers. PASSED AYES 9, NOES 0 NO. 46 PROPERTY DAMAGE That upon the recommendation of the Corporation Counsel, the following action for property damage arising out Of alleged negligence on the part of the City of Buffalo, be compromised and settled: B. 1. Shannon Butler ............................................................................. ..............................$ 155.18 B. 2. Anthony Carter ............................................................................. ............................... $ 530.00 B. 3. Anthon- yFAund ............................................................................. ..............................$ 1,418.40 B. 4. Geico a /s /o Diane Trueheart $ 1,800.00 B. 5. Hojnowski, Transport .................................................................... ..............................$ 738.96 B. 6. Maureen Krause .......................................................................... ............................... $ 267.52 That checks be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current Fiscal Year, payable to the respective claimants herein above named, upon execution and delivery to the Corporation Counsel of proper releases and dosing papers. PASSED AYES 9, NOE 0 NO. 46 PROPERTY DAMAGE That upon the recommendation of the Corporation Counsel, the following action for property damage arising out of alleged negligence on the part of the City of Buffalo, be compromised and settled: B. 7. Metlife a /s /o ChandraPridgen $ 4,622.32 That checks be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current Fiscal Year, payable to the respective claimants herein above named, upon execution and delivery to the Corporation Counsel of proper releases and closing papers. PASSED A motion by Councilmember Smith To recuse Councilmember Pridgen from the vote 2 " by Council member LoCurto AYES 8, NOES 0 Mr. Rivera moved: That the above item be the same and hereby is Received and Filed. ADOPTED NO. 49 PROPERTY DAMAGE That upon the recommendation of the Corporation Counsel, the following action for property damage arising out of alleged negligence on the part of the City of Buffalo, be compromised and settle: B. 17. State Farm Ins. a /s /o Todd Walter $ 1,019.06 B. 18. Gabriel Traina c/o Daniel Traina $ 2,858.22 That checks be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current Fiscal Year, payable to the respective claimants herein above named, upon execution and delivery to the Corporation Counsel of proper releases and closing papers. PASSED AYES 9, NOES 0 NO. 50 PRIOR FISCAL YEAR INVOICES 1. ARC & COM $ 225.00 2. AT &T $13,464.16 3. Chiampou Travis Besaw & Kershner, LLP $13,448.00 4. Goldberg Segalla, LLP $16,835.00 5. Intercall $ 28.01 NO. 47 PROPERTY DAMAGE That upon the recommendation of the Corporation Counsel, the following action for property damage arising out of alleged negligence on the part of the City of Buffalo, be compromised and settled: B. 8. Heather Mordaunt $ 1,818.41 B. 9. National Fuel $ 166.74 B. 10. Nationwide a /s /o Nasir Baqash and Nasheya $ 1,482.42 B. 11. Kathleen Pochron $ 152.03 B. 12. Brian Profeta $ 435.14 B. 13. Richard F. Ruberte, Sr. $ 1,047.26 B. 14. David C. Ryan $ 111.25 B. 15. Regina Salley $ 780.00 B. 16. State Farm a /s /e Thomas Rizzo III $ 3,427.35 B. 17. State Farm Ins. a /s /o Todd Walter $ 1,019.06 B. 18. Gabriel Traina c/o Daniel Traina $ 2,858.22 That checks be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current Fiscal Year, payable to the respective claimants herein above named, upon execution and delivery to the Corporation Counsel of proper releases and closing papers. PASSED AYES 9, NOES 0 NO. 48 PROPERTY DAMAGE B. 16. STATE FARM A /S /O THOMAS RIZZO III $3,427.35 (C.C.P. #30, MAY29) Mr. Rivera moved: That the above item be the same and hereby is Received and Filed. ADOPTED NO. 49 PROPERTY DAMAGE That upon the recommendation of the Corporation Counsel, the following action for property damage arising out of alleged negligence on the part of the City of Buffalo, be compromised and settle: B. 17. State Farm Ins. a /s /o Todd Walter $ 1,019.06 B. 18. Gabriel Traina c/o Daniel Traina $ 2,858.22 That checks be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current Fiscal Year, payable to the respective claimants herein above named, upon execution and delivery to the Corporation Counsel of proper releases and closing papers. PASSED AYES 9, NOES 0 NO. 50 PRIOR FISCAL YEAR INVOICES 1. ARC & COM $ 225.00 2. AT &T $13,464.16 3. Chiampou Travis Besaw & Kershner, LLP $13,448.00 4. Goldberg Segalla, LLP $16,835.00 5. Intercall $ 28.01 C. 6. Irish Propane $ 84.80 C. 7. Lardon Construction $ 6,26340 C. 8. Let's Get Educated $ 90.00 C. 9. Verizon Network Integration $ 2,851.01 That the above items be, and the same hereby are returned to the Common Council without recommendation. Mr. Rivera moved: That checks be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current Fiscal Year, payable to the respective claimants herein above named, upon execution and delivery to the Corporation Counsel of proper release and closing papers. PASSED AYES 9, NOE 0 NO. 51 MISCELLANEOUS REIMBURSEMENT That, upon the recommendation of the Corporation Counsel, the following actions for property damage arising out of alleged negligence on the part of the City of Buffalo, be compromised and settled: D. 1. Mary Blue $ 90.00 D. 2. Chantel Houston $ 100.00 D. 3. Mary Muzyka $ 3.00 That checks be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current Fiscal Year, payable to the respective claimants, if any, herein above named, in the amounts set opposite their names and delivered to them upon execution and delivery to the Corporation Counsel of proper releases where such releases are indicated. PASSED AYES 9, NOE 0 NO. 52 ITEMS FOR DISCUSSION E. 1. Herman, Maryann $ TBD E. 2. Kilanowski, Diane $ TBD E. 3. Marak, Patricia $ 685.81 E. 4. Schwab, Leon $ 2,360.00 Mr. Rivera Moved: That the above item be recommitted to the Committee on Claims ADOPTED CIVIL SERVICE (BONNIE E. RUSSELL, CHAIRPERSON) NO. 53 APPOINT DIRECTOR OF REAL ESTATE(NELSON)(STRAT PLAN) CCP #11, 5129 Mrs. Russell moved That the above item be the same and hereby is Received and Filed ADOPTED COMMUNITY DEVELOPMENT (JOSEPH GOLOMBEK, JR., CHAIRMAN) NO. 54 AMEND LEASE AGREEMENT BETWEEN CITY OF BUFFALO AND GRASSROOTS GARDENS OF BUFFALO, INC. (ITEM NO. 7, C.C.P., MAY 29, 2012) That the above item be, and the same hereby is returned to the Common Council with a recommendation for approval. Mr. Golombek moved: That the Common Council approve amending the lease agreement between the City of Buffalo and Grassroots Gardens of Buffalo, Inc., for all parcels in the Masten District: and that the Corporation Counsel be authorized to prepare the necessary documents to amend the 1 ease and that the Mayor be authorized to execute the same. PASSED AYES 9, NOES 0 NO. 55 REPORT OF SALE - 34 FERNHILL (MASTEN) (STRAT PLAN) (ITEM NO. 8, C.C.P., MAY 29, 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 offer from Mrs. Betty Barber and Mr. Michael Smart, 44 Northumberland Avenue, Buffalo, New York, in the amount of Fourteen Thousand Dollars ($14,000.00) for the purchase of 34 Fernhill, be and hereby is accepted; and That the transfer tax. recording fees and cost of legal description shall be paid by the purchaser; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES -9 NOES -0 NO. 56 REPORT OF SALE - 64 NORTH PARADE (MASTEN) (STRAT PLAN) (ITEM NO. 9, C.C.P., MAY 29, 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 offer from Habitat for Humanity, Inc., Mr. Ron Yalboys, 995 Kensington Avenue, Buffalo, New York, in the amount of Three Thousand Six Hundred Dollars ($3,600.00) for the purchase of 64 North Parade, be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES -9 NOES -0 NO. 57 REPORT OF SALE - 283 WINSLOW (ELL) (STRAT PLAN) (COMM. NO. 61 CC.P, MAY 29, 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 offer from Mrs. Ezzer D. Lewis, 281 Winslow Avenue, Buffalo, New York, in the mount of One Thousand Five Hundred Dollars ($1,500.00) for the purchase of 283 Winslow, be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES - 9 NOES — 0 NO. 58 REQ. PERMISSION TO NAME PARK AT SOUTH DIVISION AND LORD STREET "TYLER LIKOS MEMORIAL PARK" RES. 96, MAY 15, 2012 Motion to open public hearing Mr. Smith Seconded by Mr. Franczyk Speakers: Renita Smith - Cooper Elaine Loos Lyn Likos Motion to Close the public hearing Mr. Smith Seconded by Mrs. Russell That the above item be and is returned to the Common Council with a recommendation for adoption. Mr. Franczyk moved: That the Council hereby approves the request to name the park at 828 South Division Street "Tyler Likos Memorial Park "; and that The City Clerk forward certified copies of this resolution to Assembly Member Sean Ryan, to Senator Timothy M. Kennedy, and to Senator Mark Grisanti. PASSED AYES -9 NOES -0 LEGISLATION (DARIUS G. PRIDGEN, CHAIRMAN) NO. 59 GROUND SIGN - 1171 MICHIGAN (ELL) (ITEM NO. 55, C.C.P. MAY 29, 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 the above communication from the Department of Permit and Inspection Services dated May 29, 2012, be received and filed; and That the application of W. Brown, agent, for a ground sign located at 1171 Michigan, is hereby approved. PASSED AYES -9 NOES -0 NO. 60 A. PICCIONE, OWNER, USE 746 ELMWOOD, TO ALTER USE (DEL) (ITEM NO. 56, C.C.P., MAY 29, 2012) That the above item be, and the same hereby is returned to the Common Council with a recommendation for approval. Mr. Pridgen moved: That after a public hearing that was held the Committee on Legislation on June 5, 2012, the application of A. Piccione, as owner, to alter use of an existing hair salon to a take -out restaurant is hereby approved. PASSED AYES -9 NOES -0 NO. 61 W. WESOLOWSKI. OWNER, USE 1256 HERTEL -TO PLACE OUTDOOR CAFE IN FRONT OF EXISTING RESTAURMAT (DEL) (ITEM NO. 57, C.C.P., MAY 29, 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 after a public- hearing that was held- before the Committee of Legislation on June 5,2012, the application of W. Wesolowski, as owner, to place an outdoor car4 10' X 168" in front of an existing restaurant on the right -of -way in the Hertel Avenue special zoning district, is hereby approved. PASSED AYES -9 NOES -0 NO. 62 K. WOODS. OWNER, USE 1853 CLINTON STREET TO REOPEN AN EXISTING TAVERN (LOV) (ITEM NO. 58, C.C.P., MAY 29, 2012) That the above item be, and the same hereby is returned to the Common Council with a recommendation for approval. Mr. Pridgen moved: That after a public hearing that was held before the Committee on Legislation on June 5, 2012, the application of K. Woods, as owner to reopen an existing tavern in the Clinton special zoning district is hereby approved with the following condition. No live music to be played at anytime. PASSED w /COND AYES -9 NOES -0 NO. 63 DESIGNATION OF NOMINEES FOR APPOIMMENT TO THE BOARD OF TRUSTEES OF THE BUFFALO AND ERIE COUNTY LIBRARY CCP# 2, 5/29 That the designated nominees m the Board of Trustees of the Buffalo and Erie County Public Library of Frank Gist, residing at 409 Wyoming Avenue. of Jessica Maglietto- Smith, residing at 480 Woodward, and Bernadette Taylor, residing at 143 Walnut, subject to confirmation by the Erie County Legislature, for a term expiring December 31, 2017 be, and they hereby are approved. PASSED AYES — FONTANA, GOLOMBEK, LOCURTO, PRIDGEN, RIVERA, RUSSELL, SCANLON, SMITH - 8 NOES - FRANCZYK - 1 NO. 64 DESIGNATION OF NOMINEES FOR APPOINTMENT TO THE BOARD OF TRUSTEES OF THE BUFFALO AND ERIE COUNTY LIBRARY CCP #3 5/29 That the designated nominees to the Board of Trustees of the Buffalo and Erie County Public Library of Sharon A. Thomas, residing at 76 Benwood Avenue, of Jessica Maglietto- Smith, residing at 48(1 Woodward, and Bernadette Taylor, residing at 143 Walnut, subject to confirmation by the Erie County Legislature, for a term expiring December 31, 2017 be, and they hereby are approved. PASSED AYES — FONTANA, GOLOMBEK, LOCURTO, PRIDGEN, RIVERA, RUSSELL, SCANLON, SMITH - 8 NOES - FRANCZYK - 1 NO. 65 FOOD STORE LICENSE (NEW) - 139 GRANT (NIA)(EDPI) (ITEM NO. 33, C.C.P., MAY 29, 2012) That the above item be, and the same hereby is returned to the Common Council with a recommendation for approval on condition. Mr. Pridgen moved: That the Commissioner of Permits and Inspections Services is hereby authorized pursuant to Chapter 194of the City Code to issue a Food Store License to Shawarma King /Ahmed H. Hatim for the premises located at 139 Grant. PASSED AYES -9 NOES -0 NO. 66 USED CAR DEALER - 382 GENESEE (ELL)(EDPI) (ITEM NO. 36, C.C.P., MAY 29, 2012) That the above item be, and the same hereby is returned to the Common Council with a recommendation for approval; Mr. Pridgen moved: That the Commissioner of Permits and Inspections Services in hereby authorized pursuant to Chapter 254 of the City Code to issue a Used Car Dealer License to Demetrius Barnes d /b'a DVDV's Auto Sales Inc., located at 382 Genesee. Used Car Dealer Conditions 1. Cars must be clean, external and internal 2. During snow months, snow must be removed from the cars daily and area where cars displayed free from snow 3. No flag streamers 4. Permanent signage on the building 5. Lot must be lit during hours of darkness when lot is open for business PASSED W /COND NO. 67 USED CAR DEALER 742 KENSINGTON (MASTEN)(EDPI) (ITEM NO. 37, C.C.P., MAY 29, 2012) That the above item be, and the same hereby is returned to the Common Council with a recommendation for approval: Mr. Pridgen moved: That the Commissioner of Permits and Inspections Services in hereby authorized pursuant to Chapter 254 of the City Code to issue a Used Car Dealer License to Henry Tillman d, b/a All In 1 Automotive located at 742 Kensington. Used Car Dealer Conditions 1. Cars must be clean, external and internal 2. During snow months, snow must be removed from the cars daily and area where cars displayed free from snow 3. No flag streamers 4, Permanent signage on the building 5. Lot must be lit during hours of darkness when lot is open for business PASSED W /COND NO. 68 FOOD STORE LICENSE (NEW) - 1129 EAST FERRY (FILL)(EDPI) (ITEM NO. 17, 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 on condition. Mr. Pridgen moved: That the Commissioner of Permits and Inspections Services is hereby authorized pursuant to Chapter 194 of the City Code to issue a Food Store License to Bandar A.M. Alsaidi d /b /a Big Boys Food Market located at 1127 East Ferry with the following conditions: 1. Security Cameras in place outside and inside of store 2. No loitering signs to be posted 3. No selling of loose items (cigarettes, diapers, etc.) 4. NO hand - painted signs — All store signage to be professionally done 5. No cars parked on sidewalk at anytime 6. Hours of operation — Sunday — Thursday 9 am to 10 pm closing — Friday and Saturday 9:00 am to 11:00 pm closing PASSED W /COND AYES -9 NOES -0 NO. 69 FOOD STORE LICENSE (NEW) 778 TONAWANDA (NORTH)(EDPI) (ITEM NO. 76, 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 on condition. Mr. Pridgen moved: That the Commissioner of Permits and Inspections Services is hereby authorized pursuant to Chapter 194 of the City Code to issue a Food Store License m Ahmed Ali d /b /a Mega Market Inc. located at 778 Tonawanda is hereby approved subject m the following conditions: 7. Security Cameras in place outside and inside of store 8. No loitering signs to be posted 9. No selling of loose items (cigarettes, diapers, etc.) 10. NO hand - painted signs — All store signage to be professionally done 11. No cars parked on sidewalk at anytime 12. Hours of operation — Sunday — Thursday 9 am to 10 pm closing — Friday and Saturday 9:00 am to 11:00 pm closing PASSED W /COND AYES -9 NOES -0 NO. 70 J. MAKOWSKI- RESIDENT COUNCIL INTEREST IN RESUMING A CO -OP FORM FOR MNGT (C.C.P. #57, JUNE 22) Rev. Pridgen moved: That the above item be the same and hereby is Received and Filed. ADOPTED RESOLUTIONS NO. 71 SPONSOR: MR. FONTANA APPOINT MARRIAGE OFFICER Be It Resolved: That Pursuant to Chapter 49 of the Laws of New York (1988), which allows a governing body the fight to appoint one or more Marriage Officers, who have the authority to solemnize marriages, I am requesting the appointment of Joseph Golombek, Jr., as a marriage officer only for July 1 and 7, 2012. ADOPTED. NO. 72 BY MR. RICHARD A. FONTANA WAIVE DISPOSAL FEES AT SOUTH OGDEN TRANSFER STATION FOR HABITAT FOR HUMANITY FOR 2012/2013 WHEREAS, Habitat for Humanity has an excellent reputation as a not - for - profit organization that provides decent and affordable housing for people in Buffalo: and WHEREAS, The Habitat for Humanity volunteer work force continues to rehabilitate older homes and build new ones to strengthen the City of Buffalo by increasing home ownership and creating additional property tax revenue; and WHEREAS, The City of Buffalo owns a transfer station on South Ogden Street that it allows private citizens and organizations to use, for a fee, to dump bulk trash on their own and alleviate heavy trash pile -ups on City streets; and WHEREAS, By waiving fees for Habitat for Humanity, the City of Buffalo will be directly reducing their building costs and freeing up construction dollars that can be used to complete additional projects; and WHEREAS, Habitat for Humanity spends ninety cents out of each dollar donated on the purchase of construction materials in the Buffalo area, which provides a positive economic impact on the local economy and creates additional revenue for the city when completed projects go back on the tax rolls. NOW, THEREFORE, BE IT RESOLVED, That the Common Council does hereby requests that the City of Buffalo Department of Public Works, Parks and Streets waive Disposal Fees at South Ogden transfer Station for Habitat for Humanity for the 2012 - 2013 fiscal year; and BE IT FURTHER RESOLVED, That the City Clerk is directed to send certified copies of this resolution to James W. Comerford, Commissioner of Economic Development. Permit & Inspections Services; Steven J. Stepniak, Commissioner of Public Works, Parks & Streets; Timothy Ball, Corporation Counsel: and Ronald Talboys. President of Habitat for Humanity Buffalo, 995 Kensington Avenue, Buffalo, NY. 14215. PASSED AYES -9 NOES -0 NO. 73 BY: MR. FRANCZYK PERMISSION TO HANG BANNERS IN THE COBBLESTONE DISTRICT Savarino Construction and Development, located at 95 Perry Street in the Cobblestone District, is requesting permission to hang banners along Mississippi Street and adjoining streets, promoting the district; and Since its founding in 2001, Savarino has grown to become a distinguished and respected builder and developer with projects throughout the City of Buffalo and Western New York; and Savarino Construction and Development is requesting to hang 18 banners promoting the Cobblestone District along Mississippi and Illinois Street and along Perry Street and South Park Avenue between Mississippi and Illinois Street; and The banners will be hung on June 14. Savarino Construction and Development has been in contact with the Department of Public Works and will install and maintain the flags posted; Now, Therefore, Be It Resolved: That the City of Buffalo Common Council hereby permits Savarino Construction and Development to hang 18 banners promoting the Cobblestone District along Mississippi and Illinois Street and along Perry Street and South Park Avenue between Mississippi and Illinois Street. The flags will be installed on June 14, 2012; and Now, Therefore, Be It Further Resolved: That the banners be hung in accordance with all conditions, restrictions, and requirements as set forth by the City of Buffalo and the Department of Public Works, Parks and Streets. PASSED AYES -9 NOES -0 NO. 74 SPONSORS: MSSRS. LOCURTO AND SMITH PERMISSION TO HANG FLAGS ON MAIN STREET BETWEEN FLORENCE AVENUE AND LEROY AVENUE PROMOTING THE MIDWAY ON MAIN MIXED USE DISTRICT WHEREAS: The Parkside Community Association applied for and received funding through the New York State Main Street Program for the target area covering both sides of Main Street from Florence Avenue to Leroy Avenue in North Buffalo; and WHEREAS: A portion of the NYS grant is intended to fund improvements to the public right -of -way within the target area; and WHEREAS: The Parkside Community Association has engaged in a series of Design Review Committee meetings, consisting of local stakeholders and citizen volunteers to discuss and weigh proposals for the appropriate use of these funds; and WHEREAS: The Design Review Committee has voted to proceed with a three part approach including historical markers installed in the sidewalk, a large mural on an exposed brick wall. and a series of streetlight banners celebrating the history of North Buffalo and Main Street; and WHEREAS: the Parkside Community Association is familiar with the banner requirements and will purchase the necessary bond before the banners are hung; NOW, THERFORE, BE IT RESOLVED: That the Common Council of the City of Buffalo does hereby grant permission to the Parkside Community Association of Buffalo, Inc. to hang flags on light poles along Main Street between Florence Avenue and Leroy Avenue: 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 -9 NOES -0 10 [61~1.1 SPONSOR: MICHAEL J. LOCURTO WAR OF 1812 BICENTENNIAL CELEBRATION IN DELAWARE PARK Whereas: 2012 marks the two hundred year anniversary of the War of 1812; and Whereas: The War of 1812 Bicentennial Commemoration and Celebration Committee will be observing the War of 1812 bicentennial on Friday, July 6th; and Whereas: This event will be celebrated in conjunction with our Canadian neighbors and feature a performance by the Buffalo Philharmonic Orchestra; and Whereas: Numerous events are scheduled for that day, including the plan for sky divers from Frontier Sky Divers to parachute into Delaware Park meadow, where 300 soldiers from the Flint Hill Encampment are interred; and Whereas: This unique event requires a change in the city charter; NOW, THEREFORE, BE IT RESOLVED THAT: The City of Buffalo Common Council requests the Department of Law to draft an amendment to the city charter allowing for this one -time event, ADOPTED NO. 76 BY MR. PRIDGEN TOBACCO -FREE INITIATIVE ON THE BUFFALO NIAGARA MEDICAL CAMPUS Whereas Secondhand smoke is responsible for over 49,000 deaths among nonsmokers each year; and Whereas There is no safe level of exposure to secondhand smoke. Even brief exposure to secondhand smoke can be harmful to health; and Whereas Secondhand smoke cause asthma, respiratory infections, cancer and cardiovascular disease; and Whereas Tobacco products, once consumed in public spaces, are the most common form of litter; and Whereas Tobacco litter often discarded on the ground make streets, sidewalks and landscaped areas dirty and uninviting; and Whereas Smoking is responsible for the premature deaths of over 443,000 Americans each year from lung cancer, heart disease, respiratory illness and other diseases; and Whereas Tobacco kills more Americans each year than alcohol, illegal drug use. motor vehicle injuries, suicides, and murders combined. Now, Therefore Be it Resolved: That the Buffalo Niagara Medical Campus (BNMC) has the right to protect its community, its environment, and the health of its employees, visitors, patients, vendors, and contractors with the adoption of tobacco -free policies on its campus. Be it further Resolved that: The Common Council is in full support of the BNMC declaring the zone that demarcates its campus to be a tobacco -free zone. Be it Finally Resolved: That we direct the corporation counsel to research and write new rules for COB charter that adds the BNMC as a geographic zone in COB where tobacco use is prohibited. REFERRED TO THE COMMITTEE ON LEGISLATION 10 [61~rl BY: DAVID A. RIVERA NIAGARA DISTRICT COUNCIL MEMBER AND ALL COUNCILMEMBERS CLEAN AIR FOR ALL RESIDENCE OF BUFFALO Whereas The Peace Bridge is one of the country's largest landlocked ports with more than 13,000 automobiles and 4,000 trucks crossing the border daily; and Whereas Numerous reports from non - profit organizations to the most prestigious universities to U.S. Environmental Protection Agency have connected diesel emissions which include, volatile organic chemical and polycyclic aromatic hydrocarbons which is first known carcinogen and possessing mutagenic and teratogenic properties, are also accepted as encouraging the development of asthma and other respiratory issues in children; and; Whereas New York State Department of Health operates a Cancer Registry which shows that incidence of both lung and bronchus cancers were elevated for residents of the zip code closest to the Peace Bridge; and Whereas Nearly 45% of Buffalo's West Side households reported at least one case of chronic respiratory illness or asthma 2.5 times more likely than on the East Side (Dr. Lwebuga- Mukasa); and Whereas Asthma is the most common chronic condition among children, this amounts to 13 million total missed days of school every year and is the third leading cause for hospitalization; and Whereas There is no cure for Asthma which leads to over 25 million Americans having Asthma and nine Americans dying from the disease everyday'; and Whereas The goal of Environmental Justice is said to be sought by the EPA and the U.S. Department of Health and Human Services in dense urban area yet it is the norm such as the case as in Manhattan where an affluent neighborhood separated from an economically changed neighborhood by a mere street which also served as the dividing line between the chance of the neighborhood's children being affect by asthma from under 10% and over 33% ; and Whereas Almost half the households of Buffalo's West Side meet Environmental Justice criteria, making less than $20,000 annually and 20% making less than 5;10,000 as well as 58% of the residency population being a minority; and Whereas "Low- income and minority communities often face an unacceptable burden of pollution in this country, diminishing their economic potential and threatening the health of millions of American families." said Nancy Sutley, Chair of the White House Council on Environmental Quality. Now Therefore Be It Resolved, That the Buffalo Common Council requests that the Public Bridge Authority make the necessary modifications to enforce the no idling of Trucks crossing the border; and Be It Resolved, That the Common Council requests that Public Bridge Authority to install truck stop electrification station to further reduce toxic idling emissions; and Be It Resolved, That the Public Bridge Authority fund the development of green buffer zone with the establishment of mature pollution absorbing trees to work in reversing the current epidemic of Asthma on Buffalo's West Side; and Be It Finally Resolved, That the Common Council of Buffalo requests that Continuous Air Monitoring from the Lower West Side to Riverside be document for a minimum of one year by the U.S. Environmental Protection Agency and the NYS Department of Environmental Conservation; and PASSED AYES -9 NOES -0 NO. 78 BY: COUNCILMEMBER RIVERA WAIVER OF FIELD FEE FOR BIREC WORLD REFUGEE DAY SOCCER TOURNAMENT. Whereas, The Buffalo Immigrant and Refugee Empowerment Coalition ( "BIREC ") is a non - profit organization comprised of leaders from the myriad of ethnic groups represented in Buffalo; and Whereas, BIREC's goal is to empower refugees and immigrants and improve their quality of life and that of the surrounding community; and Whereas, in furtherance of this goal and in celebration of World Refugee Day, BIREC will be holding a soccer tournament at LaSalle Park on Saturday, June 22„ 2012: and Whereas, the tournament will feature teams representing various ethnicities and organizations from throughout out the City and feature the incredible diversity we have in Buffalo. Now, Therefore, Be It Resolved, the Common Council request Public Works, Parks & Streets Department waive the field fee related to the use of the fields at LaSalle Park; and Be It Further Resolved, the City Clerk is directed to send a certified copy of this resolution to the Public Works, Parks & Streets Department. PASSED AYES -9 NOES -0 NO. 79 BY COUNCILMEMBER DAVID RIVERA WORLD REFUGEE DAY 2012 PROCLAMATION Whereas: On World Refugee Day, we honor the contributions and resilience of those forced to flee from their homelands due to violence, persecution, or natural disasters, and to renew the City of Buffalo's commitment to solving refugee problems: and Whereas: The hard - earned wisdom, diverse experiences, and unceasing courage, determination, and optimism of "refugees enrich the City of Buffalo culturally and economically as well as strengthen our unique narrative that we are a City of Good Neighbors who open doors to those in need; and Whereas: This , /ear marks the 32nd anniversary of the Refugee Act of 1980; a historic legislation championed by ti3en Senator Edward M. Kennedy which established the current Federal Refugee Resettlement Program and codified into law the right to asylum for refugees; and Whereas: Through the Refugee Act, thousands of refugees, internally displaced persons, and other victims from across the world have found safe haven in the City of Buffalo and continue to be resettled each year; and Whereas: Refugees face daunting challenges in an unfamiliar society with new laws. limited resources, and often a new language. But through their remarkable determination to rebuild a brighter future and the continuous support of selfless individuals and organizations, they exemplify the endless possibilities of a better tomorrow; and Whereas: It is important to acknowledge the compassion of those who welcome Buffalo's growing refugee population each year into their homes and communities; and Whereas: The Buffalo Immigrant & Refugee Empowerment Coalition (BIREC) under the leadership of All Kadhum has organized activities each , /ear in celebration of the World Refugee Day and this year in conjunction with YWCA has planned three days activities that include: • June 18: Monday, Press Conference at City Hall. • June 23: Saturday, Soccer tournaments of 12 teams fro m different communities at LaSalle Park. • June 24: Sunday, Celebration featuring Cultural Performances, Sport Awards. Speeches, Music, and Authentic Food. Now, Therefore, Be It Resolved: That the Common Council of the City of Buffalo, NY pauses in its deliberations to commemorate World Refugee Day, and to commit to ensuring that the blessings of liberty and opportunity are available to all Refugees, internally displaced persons, and other victims who seek it in the City of Buffalo; and Be It Further Resolved: That the Common Council of the City of Buffalo hereby proclaims June 20, 2012 to be known as "World Refugee Day" in the City of Buffalo. New York. ADOPTED BY: MS. RUSSELL NO. 80 BUDGET AND PERSONNEL AMENDMENT 21 - FIRE 1131 - ADMINISTRATIVE SERVICES The Common Council &the City Of Buffalo does ordain as follows: That part of Section 1 of Chapter 35 of the Code of the City of Buffalo, relating to 21 -1131 Fire - Administrative Services which currently reads: 1 Senior Typist $ 32,113 - $ 35,582 Is hereby amended to read: 1 Senior Account Clerk Typist $ 32,418 - $ 36,079 GARNELL W. WHITFIELD, FIRE COMMISSIONER AND DONNA J. ESTRICH, DIRECTOR OF BUDGET, ADMINISTRATION AND FINANCE, hereby certify that the above change is necessary for the proper conduct, administration and performance of essential services of that department. We recommend that the compensation for said position be fixed at the respective amount set forth in the foregoing ordinance. PASSED AYES 9, NOE 0 NO. 81 BY: MR. SCANLON PERMISSION TO HANG BANNER ON SENECA STREET FOR THE SENECA STREET CAR SHOW Whereas: The Seneca Street Car Show Association will be holding their 4 h Annual South Buffalo Car Show on July 15, 2012; and Whereas: The car show will take place along Seneca Street and will feature classic and antique ears, as well as music, raffles and other activities for all to enjoy; and Whereas: In order to promote this special event, representatives from the Seneca Street Car Show Association are seeking permission to hang an informal banner across Seneca Street, at light pole 2131 and 2136 Seneca Street; and Whereas: The banner will be hung from June 15, 2012 through July 16, 2012; and Whereas: The City of Buffalo proudly supports the Seneca Street Car Show Association and their efforts to promote Seneca Street and the South Buffalo Community; Now, Therefore, Be It Resolved: That the City of Buffalo Common Council hereby permits the Seneca Street Car Show Association to hang an informational banner across Seneca Street at pole number 2131 and 2136 to promote the Seneca Street Car Show. The banner will be installed on June 15, 2012 and stay up until July 16, 2012; and Now, Therefore, Be It Further Resolved: That the banner be hung in accordance with all conditions, restrictions, and requirements as set forth by the City of Buffalo and the Department of Public Works, Parks and Streets. PASSED AYES 9, NOES 0 NO. 82 SPONSOR: MR. SCANLON APPOINT LEGISLATIVE AIDE Whereas: Margaret M. Shea is a longtime resident of South Buffalo, residing at 203 McKinley Parkway, Buffalo, New York, 14220; and Whereas: Margaret M. Shea has previous experience and is qualifies to work in the South District Council Office; Now, Therefore be it Resolved That: Margaret M. Shea is hereby appointed as a Legislative Aide to the South District Council Office. ADOPTED BY: DEMONE A SMITH NO. 83 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. • Alexandria Chwalinski • Ronald Deschenes • Michael Reiser TOTALS ADOPTED NO. 84 BY: DEMONE A SMITH APPOINTMENTS COMMISSIONER OF DEEDS That the following person(s) are hereby appointed as Commissioner of Deeds for the term ending December 31, 2012, conditional, upon the person so appointed certifying under oath to their qualifications and filing same with the City Clerk: • James R. Bell • Rita Carluccio • Todd C. Cudney • Thomas C. Harris • Edward Harris • Wayne A. Howard • Charlene D. Morales • Brian Filarski • Russell Manuel Rodriguez • Lynn Salomon • John D. Stewart TOTAL: 11 ADOPTED NO. 85 ANNOUNCEMENT OF COMMITTEE MEETINGS The following meetings are scheduled. All meetings are held in the Common Council Chambers, 13 floor City Hail, Buffalo, New York, unless otherwise noted. Regular Committees Committee on Civil Service Tuesday, June 19, 2012 at 9:45 o'clock A.M. Committee on Finance following Civil Service Tuesday, June 19, 2012 at 10:00 o'clock A.M. Committee on Comm. Dev. Tuesday, June 19, 2012 at 1:00 o'clock P.M. Committee on Legislation Tuesday, June 19, 2012 at 2:00 o'clock P.M. (Public Disclaimer): All meetings are subject to change and cancellation by the respective Chairmen of Council Committees. In the event that there is sufficient time given for notification, it will be provided. In addition, there may be meetings set up whereby the City Clerk's Office is not made aware; therefore, unless we receive notice from the respective Chairmen, we can only make notification of what we are made aware. NO. 86 ADJOURMENT On a motion by Mr. Smith, Seconded by Mrs. Russell, the Council adjourned at 2:55 pm GERALD CHWALINSKI CITY CLERK June 12. 2012