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Home My WebLink About12-0710 (2)NO. 14 PROCEEDINGS OF THE CITY OF BUFFALO JULY 10, 2012 MAYOR Hon. Byron W. Brown COMPTROLLER Mark J. F. Schroeder COMMON COUNCIL PRESIDENT OF THE COUNCIL LOVEJOY DISTRICT RICHARD A. FONTANA PRESIDENT PRO TEMPORE UNIVERSITY DISTRICT BONNIE E. RUSSELL MAJORITY LEADER MASTEN DISTRICT DEMONE A. SMITH DISTRICT COUNCIL MEMBERS DAVID A FRANCZYK - FILLMORE JOSEPH GOLOMBEK JR. — NORTH CHRISTOPHER P. SCANLON -SOUTH MICHAEL J. LO CURTO — DELAWARE DARIUS PRIDGEN - ELLICOTT DAVID A. RIVERA- NIAGARA REGULAR COMMITTEES CIVIL SERVICE COMMITTEE: Bonnie E. Russell Chairman, David A. Franczyk, Christopher P. Scanlon, Demone A. Smith- Members CLAIMS COMMITTEE: David A. Rivera Chairman, Joseph Golombek, Jr., Michael J. LoCurto, Bonnie E. Russell - Members COMMUNITY DEVELOPMENT COMMITTEE: Joseph Golombek, Jr., Michael J. LoCurto, Darius G. Pridgen, David A. Rivera, Bonnie E. Russell - Members FINANCE COMMITTEE: Christopher P. Scanlon, Chairman, Michael J. LoCurto, Darius G. Pridgen, Bonnie E. Russell, Demone A. Smith - Members. LEGISLATION COMMITTEE: Darius G. Pridgen, Chairman, David A. Franczyk, Joseph Golombek, Jr., David A. Rivera, Demone A. Smith, - Members. RULES COMMITTEE: Richard A. Fontana, Chairman, Bonnie E. Russell, Demone A. Smith - Members SPECIAL COMMITTEES BUDGET COMMITTEE: Demone A. Smith, Chairman, Joseph Golombek, Jr., Christopher P. Scanlon, Darius G. Pridgen, David A. Rivera - Members EDUCATION COMMITTEE: Demone Smith, Chairman, Joseph Golombek, Jr., Christopher P. Scanlon, Darius Pridgen - Members MINORITY BUSINESS ENTERPRISE COMMITTEE: Demone Smith Chairman, Joseph Golombek Jr., David A. Rivera, Bonnie E. Russell — Members POLICE OVERSIGHT: Joseph Golombek, Jr., Chairman, David A Franczyk, David A. Rivera, Bonnie E. Russell — Members PUBLIC TRANSPORTATION: Chairman, Christopher P. Scanlon, Michael J. LoCurto, David A. Rivera, Bonnie E. Russell- Members WATERFRONT DEVELOPMENT COMMITTEE: Chairman, Christopher P. Scanlon, David A. Franczyk, Joseph Golombek, Jr., Demone A. Smith - Members INVOCATION PLEDGE TO FLAG DATE July 10, 2012 "FINAL" MAYOR MAYOR - EXECUTIVE 1- A. Cit Serv- Submission of Monthly Report -June 2012 R &F 2- 1. Board of Parking - Buffalo Civic Auto Ramps, Inc 2012 -13 Budget FIN 3- 1AA. Pres Bd- Application for Landmark Status - Buffalo Terminal House 2280 Niagara(North) APP 4- 1A. Strat Plan -1318 Niagara St Remediation Change Order - Consulting Services APP 5- 2. Strat Plan -LDA St John Townhouses -50 Vacant Lots(Ell) APP W /COND EXC 2 PARCELS REF TO CD 6- 3. Strat Plan -Local Waterfront Revitalization Plan APP 7- 4. Strat Plan -Perm to Designate Developer St Lukes Mission of Mercy 18 Parcels(Fill) APP 8- 5. Strat Plan- Report of Sale -213 Newburgh(Lov) CD COUNCIL PRESIDENT 9- 5A. Bflo Consolidated Deve Framework SEQR APP 10- 5B. Bflo Consolidated Deve Framework SEQR Positive Declaration APP 11- 5C. Bflo Consolidated Deve Framework Draft Scoping Document R &F PUBLIC WORKS 12- 6. Change in Contract -JB Wiley Sports Complex Renovations(Ell) APP 13- 7. Change in Contract - Police Headquarters Emergency Window Repl(EII) APP 14- 7A. 986 Elmwood Ave - Railing Within Right of Way APP 15- 7B. Permission to Hire Consultant Tosh Collins Ice Rink (South) APP 16- 8. Report of Bids - LaSalle Park Skate Plaza(Ell) APP 17- 9. Report of Bids - Replacement of Site Specific Sidewalk APP 18- 9A. Report of Emergency Bid -Fire Engine #3 Emergency Turn -Key A/C Unit APP 19- 10. Report of Emergency Bid -MLK Jr Park Underground Electric Service APP 20- 11. Report of Emergency Bid -Zoo Rhino Barn Roof Reconstruction APP 21- 12. Revised Request for Approval -Guard Security COB Pool Btwn COB and Executive Investigation & Security, Inc. APP 22- 13. Seneca St Transfer Station License Agreement -1037 Seneca St(Lov)(hrg 7 /17)_LEG 23- 14. Appoint Associate Engineer(Perm)(Max)(Bidell) CS POLICE 24- 15. Drug Asset Forfeiture Wire Transfers R &F PERMITS AND INSPECTIONS 25- 15A. Food Store (New) 448 Amherst(North) APP 26- 16. Food Store License(New) -674 Hopkins(South) LEG ----- - -16A. Food Store(New) -271 Ludington(Lov) OBJECT 27- 17. Restaurant Dance Class III(New) -20 Allen(Fill) LEG 28- 18. Restaurant Dance License Renewal -946 Main(Fill) LEG 29- 18A. Second Hand Dealer -365 Auburn aka 102 Hoyt(Nia) APP 30- 19. Second Hand Dealer -1109 Elmwood(Ell) LEG COMMUNITY SERVICES 31- 20. Approval of Contract -Bflo Nia Convention & Visitors Bureau for Program Assist To Bflo Nia Film Commission CD CITY CLERK 32- 21. Item Recalled From the Mayor- Abandonment /Sale Small Portions of City Street Parcel Nos. 8, 10 & 11(C.C.P. #6, 6/26/12)(pub hrg 7/10/12) CD,CPBD 33- 22. Liquor License Applications R &F 34- 23. Leaves of Absence R &F 35- 23A. Leave of Absence R &F 36- 23B. Appoint Common Council Staff(Masten)(Fortune) ADOPT 37- 23C. Appoint Common Council Staff(South)(Fisher) ADOPT 38- 24. Notices of Appointments - Council Interns ADOPT 39- 25. Notices of Appointment - Seasonal R &F 40- 26. Notices of Appointments- Temp /Prov /Perm CS MISCELLANEOUS 41- 27. J. Fisher - Comments Gas Station at 333 Amherst LEG 42- 28. R. Fontana -N. Marrero -Bflo Consolidated Dev Framework -SEAR R &F 43- 29. M. LoCurto- Letter from Olmsted to NYSDOT -Rte 198 CD 44- 29A. M. Poloncarz -2012 Annual Report Real Property Tax Service FIN 45- 30. D. Pridgen -NYC Churches Win Right to Hold Weekend Services in Public Schools ED 46- 30A. D. Rivera -Info Re: Peace Bridge Plaza Expansion CD 47- 31. D. Smith -Info Regarding Procedures for Hanging Signs & Banners R &F 48- 31 A. M. Tarlow- Support for Fair Employment Screening Ord. LEG PETITIONS 49- 32. J. Little, Owner, Use 10 Allen To Re- Establish Rear Patio to a Bar /Restaurant(hrg 7/17)(Fill) LEG,CPBD 50- 33. M. Brinkworth, Owner, Use 223 Allen for an Outdoor Cafe(hrg 7/17)(Fill) LEG,CPBD 51- 34. M. Hamilton & 0-1 Am Ministries Inc. -To Build Comm Ctr at 47 & 51 Stevens(Mas) CD,EDPI 52- 35. S. Alabeli & O- Request Store Located at 570 Niagara Open R &F RESOLUTIONS 79- 35A. Fontana Appoint Marriage Officer(Golombek, Jr) ADOPT 80- 35AB. Fontana Standard Workday and Reporting Resolution APP 81- 35B. LoCurto 2012 Greater Buffalo Italian Heritage and Food Festival ADOPT 82- 36. LoCurto Waive Permit Fees for Parkside Comm Assoc TABLE ITEMS - - - - - -- Waterfront Neighborhood Community Development Agreement(ccp #3, 8/4/2010) SUBMISSION LIST OF COMMITTEE ITEMS FOR THE COUNCIL MEETINGS CIVIL SERVICE 53- 1. Com 52 June 26 Notices of Appointments- Temp /Prov/ Perm(Cty Clk) R &F FINANCE 54- 2. Com 13 June 26 2011 -2012 Third Quarter Gap Sheet(Compt) R &F 55- 3. Com 5 June 12 Investment & Debt Management Bond Closeout(Compt) APP 56- 4. No 52 Oct 4 D. Pridgen- Proposed Idea By D. Allen Jr- Building a Better Buffalo City Hall R &F COMMUNITY DEVELOPMENT Movies in the Meadow APP 83- 37. LoCurto Waive Permit Fees for Parkside Summer Art Program APP 84- 37A. Golombek Merging the Bflo and Fort Erie Public Bridge Auth and Niag St. John Townhomes II PILOT(Strat Plan) RECOMMITT 59- Falls Bridge Commission ADOPT 85- 38. Pridgen The 22 Annual Hispanic Health & Info Fair APP 86- 38A. Pridgen Greater Jefferson Ave Business Commons, NY Main St Program By NYS Housing Trust Fund Corp ADOPT 87- 38B. Pridgen Trailblazing Sign for Pastor Brent McCalister CD 88- 39. Rivera Community Foundation for Greater Bflo's Application for B. Bernatovicz, Agent, Use 2915 Main St to Erect a Initiatives Grant ADOPT 89- 40. Rivera Support for Bflo Neighborhood Stabilization Corp Urban 10. Com 2 June 26 Reasons for Denial, Directional Sign, Pearl St Grill Deli, Initiative Application ADOPT 90- 41. Russell Budget & Personnel Amendment -Audit & Control APP 91- 41 A. Scanlon Appoint Sr. Legislative Asst(Fisher) ADOPT 92- 42. Scanlon Perm to Hang Banner on Abbott Rd to Promote Celtic Challenge_APP June 26 93- 42A. Smith Appoint Sr. Legislative Assistant(Fortune) ADOPT 94- 42B. Smith Appoint Legislative Aide(Garland) ADOPT 95- 43. Smith Trailblazing Sign Request for Kenneth Bulls Sr CD 96- 44. Smith Trailblazing Sign Request for Charlene Caver Miller CD 97- 45. Smith Trailblazing Sign Request for Susie M. Smith CD 98- 46. Smith, etc PILOT Program -311 to Accept Bflo Public School Complaints ADOPT 99- 47. Smith, etc Vacant Lot Auction -AKA Neighbor Next Door Lot 70- 18. Com 42 June 26 Auction ADOPT RES, REM CD 100- 48. Smith Comm of Deeds- Public Duties ADOPT TABLE ITEMS - - - - - -- Waterfront Neighborhood Community Development Agreement(ccp #3, 8/4/2010) SUBMISSION LIST OF COMMITTEE ITEMS FOR THE COUNCIL MEETINGS CIVIL SERVICE 53- 1. Com 52 June 26 Notices of Appointments- Temp /Prov/ Perm(Cty Clk) R &F FINANCE 54- 2. Com 13 June 26 2011 -2012 Third Quarter Gap Sheet(Compt) R &F 55- 3. Com 5 June 12 Investment & Debt Management Bond Closeout(Compt) APP 56- 4. No 52 Oct 4 D. Pridgen- Proposed Idea By D. Allen Jr- Building a Better Buffalo City Hall R &F COMMUNITY DEVELOPMENT 57- 5. Com 9 June 26 Report of Sale 576 Seventh (EII)(Strat Plan) APP 58- 6. Com 12 June 26 St. John Townhomes II PILOT(Strat Plan) RECOMMITT 59- 7. No 41 June 12 D. Smith -J. Phelan- Concerns Dog Bites & Incidents Letter Carriers R &F 60- 8. Com 30 May 15 Downtown Special Vending District Amendment Request(EDPI)(exc 5/29,6/2) R &F LEGISLATION 61- 9. No 69 June 26 B. Bernatovicz, Agent, Use 2915 Main St to Erect a Ground Sign(no hrg)(Univ) APP 62- 10. Com 2 June 26 Reasons for Denial, Directional Sign, Pearl St Grill Deli, 76 Pearl St(Pres Bd) R &F 63- 11. Com 30 June 26 Food Store(New) 1517 Broadway(Fill)(EDPI) RECOMMITT 64- 12. Com 32 June 26 Food Store(New) 137 Maple (EII)(EDPI) APP 65- 13. Com 34 June 26 Food Store(New) 568 Niagara AKA 570 Niagara (EII)(EDPI) APP 66- 14. Com 36 June 26 Food Store(New) 352 Walden(Fill)(EDPI) APP W /COND 67- 15. Com 39 June 26 Scrap Processor 409 Hertel(North)(EDPI) RECOMMITT 68- 16. Com 40 June 26 Wholesale Junk Dealer 409 Hertel (North)(EDPI) RECOMMITT 69- 17. Com 41 June 26 Scrap Processor 602 Babcock (Fill)(EDPI) APP W /COND 70- 18. Com 42 June 26 Scrap Processor 620 Babcock (Fill)(EDPI) APP W /COND 71- 19. Com 43 June 26 Wholesale Junk Dealer 620 Babcock(Fill)(EDPI) APP W /COND 72- 20. Com 44 June 26 Used Car Dealer 1261 Hertel (Del)(EDPI) APP 73- 21. Com 46 June 26 Chicken License 28 St. James Place(Cty Clk) RECOMMITT 74- 22. No 63 June 26 D. Pridgen -E. Ketry- Appeal Direction Sign Denial, Pearl St Grill Deli - 76 Pearl St RECOMMITT 75- 23. No 36 June 12 S. Norris - Various Requests Polish Heritage R &F 76- 24. No 59 May 1 D. Rivera - Various Deli Stores to be Investigated R &F 77- 25. No 65 May 1 J. Macia & Others - Concerns Regarding Maintenance of Marine Dr Apts R &F 78- 26. No 43 June 14 G. Photiadis- Concerns Reg. Application for Landmark Designation 399 Ganson R &F CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO TUESDAY, JULY 10, 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 June 26, 2012 were approved. FROM THE MAYOR FROM THE MAYOR — EXECUTIVE DEPARTMENT FROM THE OFFICE OF CITIZEN SERVICES NO. 1 SUBMISSION OF MONTHLY REPORT- JUNE 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 June 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. Copy available for review in the City Clerk's Office RECEIVED AND FILED FROM THE BOARD OF PARKING NO. 2 BUFFALO CIVIC AUTO RAMPS, INC. BUDGET Approval is requested from Your Honorable Body on the Fiscal year 2012 -2013 Buffalo Civic Auto Ramps annual budget. At the Board of Parking meeting held on June 27, the Board unanimously recommended approval of the BCAR budget. Copy available for review in the City Clerk's office REFERRED TO THE COMMITTEE ON FINANCE NO. 3 PRES BD- APPLICATION FOR LANDMARK STATUS - BUFFALO TERMINAL HOUSE 2280 NIAGARA (NORTH) Report and Recommendation from Buffalo Preservation Board to Buffalo Common Council Re: Application for Landmarks /Landmark Status: "Buffalo Terminal House" -2280 Niagara Street The Buffalo Preservation Board recommends that the attached application for City of Buffalo Local Landmark designation be approved by Buffalo Common Council. The application was initiated and prepared by Preservation Buffalo Niagara as a result of the recognition of the historic and cultural value that this property offers the City of Buffalo as well as possible threats the buildings may face in the future. Below is an overview of their significance. The application was prepared and reviewed by Preservation Buffalo Niagara in accordance with Chapter 337 Article III of City Charter. According to Chapter 337, "any person, group of persons, or association may request designation of a landmark, landmark site, or an historic district by submitting an application for designation... The Presentation Board may also initiate proceedings for designation of a landmark, landmark site, or historic district." The attached applications were reviewed at a public hearing held by the Buffalo Preservation Board at its June 14, 2012 meeting. The property owners were contacted by mail and given opportunity to comment. Please feel free to contact Paul McDonnell, Preservation Board Chair, or Angela Webber at 851 -4064 if you have any questions. Mr. Smith moved: That after the public hearing held before the Committee on Legislation on June 14. 2012, the "Buffalo Terminal House" be designated as a local historical preservation district, pursuant to Chapter 337 Article III of the Buffalo City Charter; and That this designation is made upon due consideration of the reports and for the reasons set forth in the reports of the Buffalo Preservation Board; and That the Secretary of the Preservation Board be, and herby is directed to file a description of the historic district with the City Clerk, the Planning Board, the Director of the Division of Planning and with the Department of Public Works; and That the Petitioner is directed to file a description or map of the property with the Erie County Clerk's Office. PASSED AYES 9, NOES 0 NO.4 STRAT PLAN -1318 NIAGARA ST REMEDIATION CHANGE ORDER - CONSULTING SERVICES 1. Proposal: Attached for consideration and filing with the Common Council is an item requesting permission to submit a SAC amendment request to the New York State DEC requesting that $45,000 be added to the original grant amount and a change order for the amount of $242 279.63 for additional environmental contractual services for the City -owned 1318 Niagara Street property cleanup. 2. Background Information: The City of Buffalo is undertaking an Environmental Investigation and cleanup at the 1318 Niagara Street property that has been contaminated by PCBs. The project is being done in conjunction with a New York State Assistance Contract (SAC) under the Environmental Restoration Program. The SAC will reimburse the City for 90% of the allowable project costs. • Administrative /Management Issues: N/A • Financial /Funding Issues and Sources: The project will be financed with an Environmental Restoration Project grant through the New York State Department of Environmental Conservation. The grant was originally for $666,667.00, of which $600.000.00 would De reimbursed to the City. The new grant amount is for $716,667.00, of which $645,000 will be reimbursed to the City. The City's 10% match will be financed through City accounts #31810006 - 445100 and #16550007- 471010 3. Critical Milestones: N/A 4. Recommended Actions: File attached communication with the Common Council. 5. Substantiation of Recommendations: The project will remediate the property; eliminate blighting influences and environmental deficiencies; prepare the property for future redevelopment leading to an increase the City's tax base; and help to attract new investment in the City. 6. Description of any Attachments: Common Council Communication Mr. Smith moved: That the above communication from. the Commissioner of Public Works, Parks and Streets dated July 6, 2012, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to submit a SAC amendment request to the New York State Department of Environmental Conservation requesting that $45,000.00 be added to the original grant amount, and a Change Order #3 in the amount of $242,279.63 (Change Order #1 - $77,078.90 + Change Order #2 - $360,413.46 + Change Order #3 - $242,279.63 for a total amount of $679,771.99) for additional environmental contractual services for the City - owned 1318 Niagara Street property cleanup. Funds for the project will be available through a grant of $716,667.00, of which $645,000.00 will be reimbursed by the State. PASSED AYES 9, NOES 0 FROM THE OFFICE OF STRATEGIC PLANNING NO. 6 STRAT PLAN -LDA ST JOHN TOWNHOUSES — 60 VACANT LOTS (ELL) Land Sale / LDA St. John Townhomes 50 Vacant Lots; 17 Building Sites Lot Size: Various Assessed Valuation: $80,500 (Ellicott Council District) The Office of Strategic Planning, Division of Real Estate has received a request from St. John Fruit Belt Community Development Corporation, Inc., 184 Goodell Street, Buffalo, New York 14204 to purchase 50 vacant lots from the City of Buffalo (list attached). St. John CDC intends to use the subject properties to construct 17 Townhomes as part of an overall proposal to build 49 Townhomes. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. The fair market value of the subject, properties is $80,500.00, Fifty Four Cents ($.54), per square foot, based on a market analysis performed by the Division of Real Estate. The value reflects the assessed amount of the parcels. St. John CDC has agreed and is prepared to pay $80,500.00 for the subject properties. They have also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body grant the authority to sell the attached list of properties to St. John Community Development Corporation Inc. in the amount of $80,500.00 pursuant to terms and conditions substantially similar to those outlined in the attached Land Disposition Agreement. I am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. Mr. Smith moved: That the offer from St. John Fruit Belt Community Development Corporation, 184 Goodell Street, Buffalo, New York, in the amount of Eighty Thousand Five Hundred Dollars ($80,500.00) for the purchase of 50 vacant lots from the City of Buffalo (except 276 Mulberry Street), 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. 6 LOCAL WATERFRONT REVITALIZATION PLAN PRIOR COUNCIL REFERENCE: (Item No. 002, C.C.P. 09/20/11) The Office of Strategic Planning is requesting that your honorable body authorize OSP to enter into an agreement with Wendel in the amount of up to $34,500 to revise and update the draft Local Waterfront Revitalization Plan to be consistent with the Green Code and Brownfield Opportunity Area Initiatives. The full contract amount is covered through a grant from the New York State Department of State, the contract for said grant having been previously approved by the Common Council. The Local Waterfront Revitalization Plan (LWRP) is a plan prepared to give more detail to New York States Coastal Management Program. Once a Local Waterfront Revitalization Plan is approved by the New York State Secretary of State, State agencies must take actions consistent with the plan. Further, once the federal government concurs thereafter federal agencies' actions must be consistent with the plan. The LWRP is one of the components of the Buffalo Consolidated Development Framework (BCDF) with the Green Code and Brownfield Opportunity Areas. The BCDF is the overarching environmental review of all of the actions to ensure there are no adverse impacts from the adoption or implementation of the initiatives. Wendel prepared a draft of the LWRP in 2007. Wendel is particularly suited to this project and has submitted the attached proposal. The Office of Strategic Planning is requesting that your Honorable Body authorize the Mayor or designee to execute a contract to have Wendel undertake the work described in the proposal and further authorize OSP and City personnel to take such actions to implement the objectives of the proposal and the contract consistent with grant funding requirements associated with the LWRP. Mr. Smith moved: That the above item be, and the above communication from the Executive Director of the Office of Strategic Planning, dated July 10, 2012, be received and filed; and That the Common Council hereby authorized the Executive Director of the Office of Strategic Planning to enter into an agreement with Wendel Duchscherer Architects & Engineers, P.C. in the amount of Thirty -four Thousand Five Hundred Dollars ($34,500.00) to revise and update the draft Local Waterfront Revitalization Plan to be consistent with the Green Code and Brownfield Opportunity Area Initiatives. The full contract amount is covered through a grant from the New York State Department of State, the contract for said grant having previously been approved by the Common Council; and That the Common Council authorizes the Mayor or designee to execute a contract to have Wendel undertake the work described in the proposal and further authorized the Office of Strategic Planning and City personnel to take such actions to implement the objectives of the proposal and contract consistent with grant funding requirements associated with the Local Waterfront Revitalization Plan. PASSED AYES 9, NOES 0 NO. 7 STRAT PLAN -PERM TO DESIGNATE DEVELOPER ST LUKES MISSION OF MERCY 18 PARCELS(FILL) Permission to Designate Developer St. Luke's Mission of Mercy (Madonna of the Streets Inc.) - Gospa Village Project 18 Parcels: Oberlin, Ruhland and Sycamore (List attached) (the "Properties ") Fillmore District The Office of Strategic Planning, Division of Real Estate, has received a proposal from St. Luke's Mission of Mercy (Madonna of the Streets, Inc., a not - for - profit corporation) ( "St. Luke's" or "Developer "), with a mailing address of 325 Walden Avenue, Buffalo, New York 14211 to purchase the above captioned Properties for the construction of a series of single family homes that would operate as a cooperative village of St. Luke's, called Gospa Village ( "Project "). St. Luke's is proposing to construct 14 single family homes and a shared educational gathering space (community center) on the Properties to house at risk single mothers and their children. Gospa Village would be fully funded by St. Luke's through private donations and corporate sponsorships and is designed to be completed in Phases over several years. The purchase price shall be negotiated based upon a real estate appraisal to be obtained and paid for by the Developer ( "Purchase Price "). The Office of Strategic Planning, Division of Real Estate, respectfully requests that Your Honorable Body designate St. Luke's and or a corporation, partnership, or other legal entity to be formed as developer of the subject Properties for a period of twelve (12) months subject to the following conditions: a. Submission by the Developer of a detailed site plan of the Project including landscaping and a breakdown of estimated total Project costs, for review and approval by the City of Buffalo Planning Board in accordance with Article XXVII of the Zoning Ordinance of the City of Buffalo (if necessary). b. Submission of a colored rendering of the Project suitable for presentation to the City Common Council which shall be submitted by the Developer to the Office of Strategic Planning, Division of Real Estate, prior to the Common Council approval of a Land Disposition Agreement. c. Submission of monthly progress reports by the Developer to the Office of Strategic Planning, Division of Real Estate by the fifth (5th) of each month, beginning in the month following this designation. d. Submission by the Developer of evidence of funds on deposit with a financial institution in an amount necessary for the completion of the first phase of the Project, consisting of the construction of a minimum of three (3) houses, which shall be submitted to the Office of Strategic Planning, Division of Real Estate prior to closing. e. Payment of a designation fee of $500.00 per month ( "Designation Fee ") by Developer to the City of Buffalo Office of Strategic Planning, Division of Real Estate, payable within five (5) days from the date of designation and due thereafter the first day of every month. In the event the Developer shall exercise its option to acquire said Properties pursuant to the Land Disposition Agreement ( "LDA ") to be negotiated by Developer and the City, said Designation Fee shall be applied as a credit towards the Purchase Price. In the event Developer shall not proceed with the acquisition of the Properties within the designation period, Developer shall forfeit all fees paid on account and the City shall retain all such fees. f. Developer is responsible for performing any soil borings and soil investigations, as per an access agreement to be granted by the City, for the purpose of determining, to Developer's satisfaction— the suitability of the Properties for their intended use, and the presence or absence of hazardous substances as such term is used in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended (C.E.R.C.L.A) 42 USC ss 9601 et seq.; the Hazardous Materials Transportation Act, as amended, 49 USC ss 1801 et seq.; the Resource Conservation and Recovery Act, as amended, 42 USC ss 6901 et seq.; Articles 15 and 27 of the New York State Environmental Conservation Law or any other federal, state, or local law, regulation, rule, ordinance, by -law, policy guidance, procedure, interpretation, decision, order, or directive, whether existing as of the date hereof, previously enforced or subsequently enacted. g. The successful negotiation of a LDA for approval by the Common Council by no later than twelve (12) months from the date the Common Council approves this designation. h. Upon signing of LDA, payment by the Developer to the City of Buffalo Office of Strategic Planning, Division of Real Estate of a non - refundable deposit, in the amount of ten percent (10 %) of the agreed to Purchase Price. The Purchase Price is to be established in accordance with Article 27 of the City of Buffalo Charter. i. Individuals and or corporations having outstanding taxes, water bills, parking tickets, user fee and /or demolition liens or any other liens owed to the City of Buffalo, or if code violations exist on any property owned by them, they are ineligible for designation. The City of Buffalo may terminate this designation should the Developer fail to meet any of the deadlines set forth above. Should the City elect to terminate this designation on or before the end of the designation period for failure by the Developer to comply with the above conditions, the City will give written notice to the Developer via certified mail and allow the Developer two (2) weeks to cure. This designation will expire twelve (12) months from the date the Common Council approves the designation. I am requesting that your Honorable Body approve the designation of St. Luke's Mission of Mercy (Madonna of the Streets, Inc.), 325 Walden Avenue, Buffalo, New York 14211, as Developer of the attached list of properties upon the above terms and conditions; authorize the Executive Director of the Office of Strategic Planning to prepare the necessary agreements for the development of the properties; and forward to the Common Council for final approval agreements for the transfer of title. Mr. Smith moved: That the above communication from the Office of Strategic Planning dated July 10, 2012, be received and filed; and That the Common Council hereby a designates St. Luke's Mission of Mercy (Madonna of the Streets), 325 Walden Avenue, Buffalo, New York 14211 as developer of eighteen (18) parcels; and authorizes the Executive Director of the Office of Strategic Planning to prepare the necessary agreements for the development of the eighteen (18) parcels, and to forward to the Common Council for final approval agreements for transfer of title. PASSED AYES 9, NOES 0 NO. 8 STRAT PLAN - REPORT OF SALE -213 NEWBURGH(LOV) Report of Sale 213 Newburgh, 480' N Lang Lot Size: 34'x 102' Assessed Valuation: Land $3,100.00 Improvement: $31,900.00 Total $35,000.00 (Lovejoy District) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Richard A. Brimm, Jr., 6666 Sheetram Road, Lockport, New York 14094 to purchase 213 Newburgh Avenue. Mr. Brimm will renovate the property and use as a rental property. He has estimated the cost of renovations to be Seven Thousand Dollars ($7,000.00) and has provided proof of financial ability to complete the purchase and repair of the property. The property consists of 848 square feet, one and one half story frame, one family dwelling in fair condition situated on a lot 34' x 102'. The property was acquired by the City through In Rem #41 in October 2007. There have been no other qualified /eligible offers for the property, since being acquired by the City, The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. Mr. Brimm has commissioned Mr. Samuel Joseph, real estate appraiser, of Northeastern Appraisal Associates to estimate the fair market value of the subject property. He has estimated the Fair Market Value to be Two Thousand Five Hundred Dollars ($2,500.00), Two Dollars and Ninety Five Cents ($2.95), per square foot of living area. The City of Buffalo Appraisal Review Board reviewed the appraisal report and concurs with the appraisers' estimate of value. Mr. Richard Brimm agreed and is prepared to pay Two Thousand Five Hundred Dollars ($2,500.00), Two Dollars and Ninety Five Cents ($2.95) per square foot of living area for the subject property. He has also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 213 Newburgh Avenue to Mr. Brimm in the amount of Two Thousand Five Hundred Dollars ($2,500.00). 1 am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT FROM THE PRESIDENT OF THE COUNCIL NO. 9 BFLO CONSOLIDATED DEVE FRAMEWORK SEQR 617.20 Appendix A State Environmental Quality Review FULL ENVIRONMENTAL ASSESSMENT FORM Purpose: The full EAF is designed to help applicants and agencies determine in an orderly manner, whether a project or action may be significant. The question of whether an action may be significant is not always easy to answer. Frequently, there are aspects of a project that are subjective or unmeasurable. It is also understood that those who determine significance may have little or no formal knowledge of the environment or may not be technically expert in environmental analysis. In addition many who have knowledge in one particular area may not be aware of the broader concerns affecting the question of significance, The full EAF is intended to provide a method whereby applicants and agencies can De assured that the determination process has been orderly, comprehensive in nature, yet flexible enough to allow introduction of information to fit a project or action. Full EAF Components: The full EAF is comprised of three parts: Part 1 : Provides objective data and information about a given project and its site By identifying basic project data, it assists a reviewer in the analysis that takes place in Parts 2 and 3. Part 2: Focuses on identifying the range of possible impacts that may occur from a project or action, It provides guidance as to whether an impact is likely to be considered small to moderate or whether it is a potentially -large impact. The form also identifies whether an impact can be mitigated or reduced. Part 3: If any impact in Part 2 is identified as potentially - large, then Part 3 is used to evaluate whether or not the impact is actually important. Copy available for review in the City Clerk's Office Mr. Smith moved: That the Common Council does hereby Pass the Environmental Assessment for the Buffalo Consolidated Development Framework in accordance with Article' of the New York State Environmental Quality Review Act of the New York State Environmental Conservation Law (SEQRA) and 6 N.Y.C.R.R. Part 617. PASSED AYES 9, NOES 0 NO. 10 BFLO CONSOLIDATED DEVE FRAMEWORK SEQR POSITIVE DECLARATION State Environmental Quality Review POSITIVE DECLARATION Notice of Intent to Prepare a Draft EIS Determination of Significance Project Number Date This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Conservation Law. The City of Buffalo Common Council, as lead agency, has determined that the proposed action described below may have a significant impact on the environment and that a Draft Environmental Impact Statement will be prepared. Name of Action: Buffalo Consolidated Development Framework SEQR Status: Type 1 Scoping: Yes If yes, indicate how scoping will be conducted: The Draft Scope will be sent to involved agencies and made available to interested agencies and the public. A 30 day comment period will be available for comments to be sent to the Lead Agency for consideration. Description of Action: The Buffalo Consolidated Development Framework (BCDF) will consist of the following: - Unified Development Ordinance (UDO) which encompasses a future land use plan that accommodates appropriate uses and forms and reinforces the existing character of the City, a form based zoning code that will prioritize form over defined uses, as well as revised subdivision and sign ordinances; A Local Waterfront Revitalization Plan that will guide development along the City's coastal areas; Revisions to Urban Renewal Areas to encourage development in these areas; and Planning and the zoning for the South Buffalo, Buffalo River Corridor, Buffalo Harbor, and Tonawanda Street Corridor Brownfield Opportunity Areas, including the River Bend Master Plan. The BCDF will guide the physical development of the City, While balancing economic, Social, and environmental concerns. Together these planning efforts will impact every acre of land in the City. Due to the complimentary and overlapping nature of the individual actions it is appropriate to review all of the actions cumulatively. Location: (include street address and the name of the municipality /county. A location map of appropriate scale is also recommended.) City of Buffalo, County of Erie Reasons Supporting This Determination: The Action has been determined to be a Type 1 action pursuant to 6 NYCRR 617.4 (b) (1). Because of the scope of the proposed Action the Project Sponsor has agreed with the Lead Agency that the Projects may involve potentially significant adverse impacts. The potential significant adverse impacts from the Projects include impacts to historic resources and community character. As a result, the Project Sponsor will prepare a draft Generic Environmental Impact Statement evaluation the individual and cumulative impacts of the actions. For Further Information: Contact Person: Kevin Linder Address: 1413 City Hall, Buffalo, NY 14202 Telephone Number: 716- 851 -5161 A Copy of this notice must be sent to: Department of Environmental Conservation, 625 Broadway, Albany, New York 12233 -1750 Chief Executive Officer, Town /City Village of Buffalo, NY Any person requesting a copy All Involved agencies Applicant (If any) Environmental Notice Bulletin, 625 Broadway, Albany, NY 12233 -1750 Mr. Smith moved: That the Common Council does hereby Pass the Positive Declaration, Notice of Determination of Significance for the Buffalo Consolidated Development Framework in accordance with Article 8 of the New York state Environmental Quality Review Act of the New York State Environmental Conservation Law (SEQRA) and 6 N.Y. C.R.R. Part 617. PASSED AYES 9, NOES 0 NO. 11 BFLO CONSOLIDATED DEVE FRAMEWORK DRAFT SCOPING DOCUMENT Buffalo Consolidated Development Framework Draft Scoping Document For the New York State Environmental Quality Review Act Draft Generic Environmental Impact Statement City of Buffalo Erie County, New York Prepared on behalf of: City of Buffalo Common Council Prepared by: City of Buffalo Mayor's Office of Strategic Planning 920 City Hall Buffalo, NY 14202 July 05, 2012 RECEIVED AND FILED FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO. 12 CHANGE IN CONTRACT J. B. WILEY SPORTS COMPLEX RENOVATIONS JOB #1051A ELLICOTT DISTRICT I hereby submit to Your Honorable Body the following changes for the J. B. Wiley Sports Complex, Renovations, Miller Enterprises, C #93000891. 1. Additional cost increase for project delay due to approval process. Add $ 15,600.00 The foregoing change results in a net increase in contract of Fifteen Thousand Six and 00/100 Dollars ($15,600.00) Summary: Original Contract Amount $ 312,000.00 Amount of This Change Order ( #1) Add $ 15,600.00 Revised Contract Amount $ 327,600.00 Costs have been reviewed by the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in 32321606 ($9,725.38), 33320106 ($4,791.08), and 34323106 ($1,083.54) — 445100 - Buildings Mr. Smith moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated June 27, 2012, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to execute Change Order in the amount of $15,600.00 (Original Contract Amount $312,000.00 + Change Order $15,600.00 for a total revised contract amount of $327,600.00) for the J. B. Wiley Sports Complex renovations to Miller Enterprises, C #93000891. Funds for the project will be available in Accounts 32321606 ($9,725.38), 33320106, ($4,791.08), and 34323106 - 445100- Buildings ($1,083.54). PASSED AYES 9, NOES 0 NO. 13 CHANGE IN CONTRACT POLICE HEADQUARTERS EMERGENCY WINDOW REPLACEMENT JOB #1058 ELLICOTT DISTRICT I hereby submit to Your Honorable Body the following changes for Police Headquarters, Emergency Window Replacement, Ajay Glass, C #93000871. 1. Removal and disposal of asbestos caulk at all window openings Add $ 176,272.00 Following hazardous materials testing Asbestos caulk was an unknown factor at the time of Window replacement bid due to asbestos caulk found behind The windows when they were removed. The foregoing changes result in a net increase in the contract of One Hundred Seventy Six Thousand Two Hundred Seventy Two and 00/100 Dollars ($176,272.00). Summary: Original Contract Amount $ 477,800.00 Amount of This Change Order ( #1) $ 176,272.00 Revised Contract Amount $ 654,072.00 Costs have been reviewed by the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in 34324306 445100 — Buildings. Mr. Smith moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated June 28, 2012, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to execute Change Order in the amount of $176,272.00 (Original Contract Amount $477,800.00 + Change Order $176,272.00 for a total revised contract amount of $654,072.00) for the Police Headquarters emergency window replacement to Ajay Glass, C #93000871. Funds for the project will be available in 34324306 445100 - Buildings. PASSED AYES 9, NOES 0 NO. 14 986 ELMWOOD AVE; RAILING WITHIN RIGHT OF WAY Mr. Omar Zahzouhi, owner of Animal Outfitters, has requested permission to encroach City right of way with a wrought iron railing at 986 Elmwood Ave. The railing would provide an area, for customers and their dogs, a place to sit while shopping at the store. The Department of Public Works, Parks & Streets has reviewed this request pursuant to Chapter 413 -67 (Encroachment regulations) of the City Charter and recommends that your Honorable Body refer this item to the Planning Board for the necessary site plan review and approval. If approved by the Planning Board and your Honorable Body, the Commissioner will issue a "Mere License" to occupy City right of way provided the following conditions are met: 1. The applicant obtain all other necessary permits. 2. The railing extend a maximum of 6 feet from the building face into City right of way. 3. The railing be completely removed from City right of way from November 15 -h to April 1 sc each year. 4. The applicant supply the City of Buffalo with a five thousand dollar ($5,000.00) construction in street bond or certificate of insurance which will indemnify and save harmless the City of Buffalo against any and all loss and damage arising out of the construction, maintenance, use and removal of said railing. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, be received and filed; That the Commissioner of the Department of Public Works, Parks and Streets is hereby authorized pursuant to Chapter 413 -67 of the City Charter (Encroachment Regulations), to issue a "Mere License" to Omar Zahzouhi d /b /a Animal Outfitters located at 986 Elmwood Avenue upon the following conditions: 1. The application obtain all other necessary permits 2. The railing extend a maximum of six (6) feet from the building face into the City right -of -way The railing be completely removed from the City right -of -way from November 15 to April 1 each year The applicant supply the City of Buffalo with a Five Thousand Dollar ($5,000.00) construction in street bond or certificate of insurance which will indemnify and save harmless the City of Buffalo against any and all loss damage arising out of the construction, maintenance, use and removal of said railing. PASSED AYES 9, NOES 0 NO. 15 PERMISSION TO HIRE CONSULTANT TOSH COLLINS ICE RINK Modifications South District hereby request that Your Honorable Body authorize the Department of Public Works, Parks & Streets to hire URS Corporation, based on previous RFQ, to provide architectural and engineering services, including new exterior doors from the rear parking area, addition to the girls changing area, glass wall between rink and lobby reconstruction, for the Tosh Collins Ice Rink, Modifications. Funds are available in 35320706 445100 - Buildings. Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated June 28, 2012, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to hire a consultant to provide architectural and engineering services, including new exterior doors from the rear parking area, addition to the girls' changing area,' glass wall between the rink, and lobby reconstruction for the Tosh Collins Ice Rink modifications. Funds are available in Account 35320706 445100 - Buildings. PASSED AYES 9, NOES 0 NO. 16 REPORT OF BIDS LASALLE PARK PROJECT BASE DATA FOR SKATE PLAZA JOB #1255 ELLICOTT DISTRICT I received the following sealed bids for LaSalle Park, Project Base Data for Skate Plaza, which were publicly opened and read on June 29, 2012. Geotechnical Site Survey Test & Report Site Photos Nussbaumer & Clarke $2,200.00 $4,800.00 $550.00 Marquis Engineering $5,000.00 $2,500.00 $210.00 Wendel Duchscherer $5,400.00 No Bid No Bid I certify that the foregoing is a true and correct statement of all bids received and that Nussbaumer & Clarke, with a total bid of Seven Thousand Five Hundred Fifty and 00/100 Dollars ($7,550.00) 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 bids. Funding is available from 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 July 3, 2012, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of - Public Works, Parks and Streets to enter into a contract in the Total amount of $7,550.00 to Nussbaumer & Clarke for the LaSalle Park, Project Base Data of Skate Plaza. Funding for this project is available in Account 34400206 445100 - Buildings. PASSED AYES 9, NOES 0 NO. 17 REPORT OF BIDS REPLACEMENT OF SITE SPECIFIC SIDEWALK GROUP #759 In obtaining these bids for the above mentioned project, I have asked for unit price covering the various items of work and material which will be performed. The final cost of the work will be based on the actual measured quantities of materials entering into the work and may be either more or less than the total bid. The following bids were received: Base Bid with 10% Unit Price Increase Valeri Concrete Construction Co., Inc. $208,810.00 $229,691.00 6655 Errick Road, North Tonawanda, NY 14120 P & J Concrete Co., Inc. 709 Pleasant View Drive, Lancaster, NY 14086 $215,160.00' $236,676.00 Master's Edge, Inc. 3409 Broadway, Cheektowaga, NY 14227 C & C Contractors, Inc. 1589 Bailey Road, Cowlesville, NY 14037 $271,075.00' $298,182.50 $276,860.00' $304,546.00 'Adjusted amount to correct for mathematical errors in the calculation of the bid. I hereby certify that the low bidder for the above project is Valeri Concrete Construction Co., Inc. I respectfully recommend a contract award in the mount of $229,691.00 ($208,810.00 Base Bid + $20,881.00 10% unit price increase = $229,691.00 - Total Contract Amount) . Funds for this contract are available in #34311106 - 445100, and an account(s) to be named at a later date. The engineer's estimate for this work is $200,000.00. The attached is certified to be a true and correct statement of the bid received. Under provisions of the General Municipal Law, any of the bidders may withdraw his bid if an award of the contract is not made by August 7 th 2012. Individual bid submissions are available in our office for inspection and copies are available upon request. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of Public Works, Parks and Streets, dated July 3, 2012, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to enter into a contract in the Total amount of $229,691.00 ($208,810100 Base Bid + $20,881 .00 10% unit price increase = $229,691.00 - Total Contract Amount) to Valeri Concrete Construction Co., Inc. for the replacement of site specific sidewalks. Funding for this project is available in Account 34311106 - 445100, and an account to be named at a later date. PASSED AYES 9, NOES 0 NO. 18 REPORT OF EMERGENCY BID FIRE ENGINE #3 EMERGENCY TURN -KEY A/C UNIT JOB #1260 ELLICOTT DISTRICT I received the following emergency bids for Fire Engine #3, Emergency Turn -Key A/C Unit Replacement, on July 5, 2012. Colgate Heating Corp. $19,880.00 R P Mechanical $37,567.00 John W. Danforth Co. No Bid Greater Niagara Mechanical No Bid Northeast Mechanical No Bid The Commissioner of Public Works, Parks & Streets has declared an emergency and entered into an agreement with Colgate Heating Corp., in the amount of Nineteen Thousand Eight Hundred Eighty and 00/100 Dollars ($19,880.00) Funding for this project is available in 34323706 445100 - Buildings. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of Public Works, Parks and Streets, dated July 3, 2012, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to enter into a contract in the Total amount of $19,880.00 to Colgate Heating Corp. for Fire Engine #3, Emergency Turn -Key A/C Unit replacement. Funding for this project is available in Account 34323706 445100 - Buildings. PASSED AYES 9, NOES 0 NO. 19 REORT OF EMERGENCY BID MILK, JR. PARK EMERGENCY UNDERGROUND ELECTIRCAL SERVICE JOB #1259 MASTEN DISTRICT I received the following emergency bids for MLK, Jr. Park, Emergency Underground Electrical Service on June 25, 2012. Due to the emergency condition, this work must be done on June 27, 2012. Industrial Power & Lighting $12,300.00 Goodwin Electric $18,950.00 Metro Electric $21,975.00 Catco Electric $32,569.00 The Commissioner of Public Works, Parks & Streets has declared an emergency and entered into an agreement with Industrial Power & Lighting. Funding for this project is available in 35405106 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 26, 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 $12,300.00 to Industrial Power & Lighting for MLK, Jr., Park emergency underground electrical service. Funding for this project is available in Account 35405106 445100 - Buildings. PASSED AYES 9, NOES NO. 20 REPORT OF EMERGENCY BID ZOO - RHINO BARN EMERGENCY ROOF RECONSTRUCTION JOB #1258 DELAWARE DISTRICT I received the following emergency bids for the Buffalo Zoo - Rhino Barn, Emergency Roof Reconstruction on June 26, 2012. Jameson Roofing $33,112.00 3761 East Lake, Dunkirk, NY Weaver Metal & Roofing $40,800.00 40 Appenheimer, Buffalo, NY Jos A Sanders & Sons $44,464.00 P 0 Box 814, Buffalo, NY Grove Roofing Services $59,700.00 131 Reading, Buffalo, NY Progressive Roofing $65,000.00 331 Grote, Buffalo, NY The Commissioner of Public Works, Parks & Streets has declared an emergency and entered into an agreement with Jameson Roofing in the amount of Thirty Three Thousand One Hundred Twelve and 00/100 Dollars ($33,112.00) Funding for this project is available in 34323106 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 28, 2012, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to enter into a contract in the Total amount of $33,112.00 to Jameson Roofing for the Buffalo Zoo rhino barn emergency roof reconstruction. Funding for this project is available in Account 34323106 445100 - Buildings. PASSED AYES 9, NOES 0 NO. 21 REVISED REQUEST FOR APPROVAL FOR GUARD SECURITY OF THE CITY OF BUFFALO POOLS BETWEEN CITY OF BUFFALO AND EXECUTIVE INVESTIGATION & SECURITY, INC. PRIOR COUNCIL REFERENCE: CCP #25 of 5/29/12 An advertisement for bids was posted March 14, 2012 and I received the following formal sealed bids for Guard Security of the City of Buffalo Pools which were publicly opened and read on March 28, 2012. The following bids were received: Company Unit Bid Bid Total Executive Investigation & Security, Inc. $24.90/hr $100,396.80 Command Security Corp. $24.54/hr bid withdrawn USA Pools of New York $23.75/hr bid withdrawn Rivera B.C.J.S. Investigations, Inc. $20.07 /hr bid withdrawn I hereby certify that the foregoing is a true and correct statement of all bids received and that Executive Investigation and Security, Inc., with a bid of one hundred thousand three hundred and ninety six dollars and eighty cents ($100,396.80), is the lowest responsible bidder in accordance with the plans and specifications. I hereby respectfully request that Your Honorable Body approve this agreement between the City of Buffalo and Executive Investigation and Security, Inc. to provide professional services necessary for guard security services at City of Buffalo pools. Funds for this work are available in Account #14222006 - 434000. Your consideration toward this request is greatly appreciated. Mr. Smith moved: That the above communication from the Commissioner of the Department of Public Works. Parks and Streets. dated June 26, 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 an agreement with Executive Investigation & Security, Inc. in the total amount of $100,396.80 for guard security for the City of Buffalo pools. Funding for this agreement is available in Account 14222006 - 43400. PASSED AYES 9, NOES 0 NO. 22 1037 SENECA STREET TRANSFER STATION LICENSE APPLICATION It is respectfully requested that Your Honorable Body review and act on the attached application to permit a Construction and Demolition Debris Transfer Station: Background: Applicant has submitted this application at the direction of Buffalo City Court. Buffalo City Court has directed that the City must approve or deny this application. The City's failure to take any action may result in contempt proceedings. Location: 1037 Seneca Street (See City of Buffalo Permit & Inspection Services Letter) Zoned: M -2 See Attached) Minimum Zoning Required: M -2 Zoning Review: Approved Proposed Use: Construction & Demolition Debris Transfer Station Permit # 1421; Issued 9/13/2000 (See Attached) Required Review: Chapter 263 Buffalo City Code Article VII. Landfills, Transfer Stations and Grading Planning Board Review: Subject to public hearing on 5 days published notice. City Code 263 -29 (A) Council Review: Committee on Legislation shall schedule Public Hearing on 5 days published notice City Code 263- 29 (B) Your thoughtful review is greatly appreciated. REFERRED TO THE COMMITTEE ON LEGISLATION NO.23 APPOINT ASSOCIATE ENGINEER (PERM)(MAX)(BIDELL) CERTIFICATE OF APPOINTMENT Appointment effective 6/19/2012in the Department of Public Works, Parks & Streets Division of Engineer to the Position of Associate Engineer Permanent Competitive Maximum Starting salary of $70,928. John Bidell, 64 Huntley, Buffalo 14215 REFERRED TO THE COMMITTEE ON CIVIL SERVICE PRIOR COUNCIL REFERENCE: Item No. 104, C.C.P 12 -DEA- 561247 C2 -12 -0063 12 -DEA -55932 C2 -12 -0047 12 -DEA- 561158 C2 -12 -0060 FROM THE COMMISSIONER OF POLICE NO. 24 DRUG ASSET FORFEITURE WIRE TRANSFER 2/2/88 512.26 874.23 932.03 12 -DEA- 561158 C2 -12 -0060 409315 (15% SAFF) TOTAL $2,727.67 The Drug Enforcement Administration (DEA), U.S. Customs and /or the FBI has administratively forfeited the above referenced property. The funds were received by this Department through wire transfers and duly deposited in the Trust & Agency Account, #20010000 - 389001. 15% of the DEA funds have been deposited into SAFF account 10465 for fulfilling year 6 expenditures under SAFF legislation. The remaining funds will be placed into one or more of the following accounts as deemed necessary by the Commissioner of Police: Educational Training /Seminar, Confidential Funds, Materials and Supplies, Firearms and Weapons, Communications and Computers, Electrical Surveillance, Purchase of Services, Improvements, Vehicles, Operating Equipment If you have any questions regarding the above mentioned, please contact Inspector Joseph Strano at 851 -4624. RECEIVED AND FILED FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT & INSPECTION SERVICES NO. 25 FOOD STORE (NEW) 448 AMHERST (NORTH) Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 448 Amherst St ( Katsu Mart LLC /Joshua Anderson) and find that as to form is correct. 1 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 Commissioner of Permits and Inspections Services is hereby authorized pursuant to Chapter 194 of the City Code to issue a Food Store License to Joshua Anderson d /b /a Katsu Mart LLC located at 448 Amherst. PASSED AYES 9, NOES 0 NO. 26 FOOD STORE (NEW) 674 HOPKINS(SOUTH ) 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 674 Hopkins (Cedos Mini Mart and Takeout /Sated Almontaser) and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collection Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 27 RESTAURANT DANCE CLASS 111 20 ALLEN (NEW APPLICATION) Pursuant to Chapter 150 of the City of Buffalo Ordinance please be advised that I have examined the attached application for a Restaurant Dance Class IV License located at 20 Allen, dba Funky Monkey, and find that as to form is correct. I have caused an investigation into the premises for which said application for a Restaurant Dunce Class IIV 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 John Little. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 28 RESTAURANT DANCE LICENSE (RENEWAL) 946 MAIN Pursuant to Chapter 150 of the City of Buffalo Ordinances, please be advised that I have caused an investigation into the premises located at 946 Main for which said renewal application for a Restaurant Dance Class II license is being sought by Roslyn Righetti @ Ohm Ultra Lounge and according to the attached reports flora the Fire Department, Police Department and Building Inspections, I find k complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 29 SECOND HAND DEALER 366 AUBURN AKA 102 HOYT 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 365 Auburn 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 Hussein Dubaishi. The attached thereto for Hussein Dubaishi d /b /a /Pyramid Express. 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 July 3. 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 Hussein Dubaishi d /b /a Pyramid Express, located at 365 Auburn a /k/a 102 Hoyt PASSED AYES 9, NOES 0 NO. 30 SECOND HAND DEALER 1109 ELMWOOD Pursuant to Chapter 254 of the City of Buffalo Ordinances please be advised that I have examined the attached application for a Second Hand 1)3aler License located at 1109 Elmwood 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 Joseph Maniaci. The attached thereto for Joseph Maniaci d /b /a /Allentown Music. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE CONMITTEE ON LEGISLATION. FROM THE COMMISSIONER OF COMMUNITY SERVICES & RECREATIONAL PROGRAMMING NO. 31 APPROVAL OF CONTRACT IN THE AMOUNT OF $100,000 WITH THE BUFFALO NIAGARA CONVENTION & VISITORS BUREAU FOUNDATION ( "CVB ")FOR PROGRAM ASSISTANCE TO THE BUFFALO NIAGARA FILM COMMISSION. THIS CONTRACT IS EFFECTIVE AS OF JULY 1, 2011 TO JUNE 30, 2012 The City of Buffalo Department of Community Services & Recreational Programming (the "Department ") is positioned to fund $100,000 to the CVB for purposes of funding a portion of the Buffalo Niagara Film Commission's ( "BFNC ") mission in 2011/2012 to develop and assist in film, television and video production throughout the City of Buffalo and Western New York. Accordingly, the Department requests your Honorable Body to: 1. Grant the Commissioner and the Department the specific authority to enter into an Agreement (the Agreement to be drawn up by the City of Buffalo's Law Department in substanially that form as is attached hereto) and fund $100,000 from the Department to CVB pursuant to the terms and provisions of the Agreement for purposes of partially funding BNFC's 2011 -2012 mission to facilitate and expand film, television and video production in the City of Buffalo. 2. 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 and /or modifications thereto as shall be necessary to facilitate the terms and provision of the Agreement. 3. 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, and REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT FROM THE CITY CLERK NO. 32 Item Recalled From Mayor- abandonment /sale small portions of city street parcel nos. 8, 10 & 11 (CCP# 6- 06/26/12)(pub hrg 7/10/12) The attached item (CCP #6 - 06/26/2012) is being recalled from the Mayor and is reconsidered for purposes of a public hearing. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT AND CITY PLANNING BOARD NO. 33 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 518 Niagara St Rendezvous Alvin Jakes 1108 -1110 Elmwood Mr. Goodbar Robert Rabb 749 Military Road Sophia's Restaurant Serafin Doherty 1458 Hertel Uncorked 1458 Hertel RECEIVED AND FILED NO. 34 LEAVES OF ABSENCE WITHOUT PAY I transmit herewith notifications received by me, reporting the granting of the leaves of absence without pay, in the various departments as listed: Police- Sally Johnson, Joanne DiPasquale, Jeffrey Saleman. Jason Stachowski RECEIVED AND FILED. NO. 36 LEAVES OF ABSENCE WITHOUT PAY I transmit herewith notifications received by me, reporting the granting of the leaves of absence without pay, in the various departments as listed: Permit and Inspection Services- Matthew Baudo RECEIVED AND FILED NO. 36 APPOINT COMMON COUNCIL STAFF(MASTEN)(FORTUNE) Certificate of Appointment Appointment effective July 2, 2012 in the Department of Common Council Division of Masten District to the Position of Senior Legislative Assistant Unclassified Exempt Flat Starting salary of $46,083.00 Nikita Fortune, 52 Urban Street, Buffalo 14211 ADOPTED NO. 37 APPOINT COMMON COUNCIL STAFF(SOUTH)(FISHER) Certificate of Appointment Appointment effective July 2, 2012 in the Department of Common Council Division of South District to the Position of Senior Legislative Assistant Unclassified Exempt Flat Starting salary of $46,083.00 Matthew Fisher, 111 Eden Street, Buffalo 14220 ADOPTED NO. 38 NOTICES OF APPOINTMENTS - COUNCIL INTERNS I transmit herewith appointments to the position of Council Intern. Mr. Fontana moved the approval of the appointments to the position of Council Intern ADOPTED. Certificate of Appointment Appointment effective 6/21/12 in the Department of Common Council Division of City Clerk to the position of Intern IX Unclassified, Non - Competitive, Flat starting salary of $12.06 per hour. Ismahan Farah, 131 Congress St, Buffalo 14213 Certificate of Appointment Appointment effective 6/28/12 in the Department of Common Council Division of City Clerk to the position of Intern VI Unclassified, Non - Competitive, Flat starting salary of $10.00 per hour Angel Castro, 644 Plymouth Ave, Buffalo 14213 Michael Hanss, 78 Commonwealth, Buffalo 1426 John Wagner, 108 Peabody St, Buffalo 14210 Mara Kline, 128 Coolidge Road, Buffalo 14220 Certificate of Appointment Appointment effective 7/3/12 in the Department of Common Council Division of Masten District to the position of Intern V Unclassified, Non - Competitive, Flat starting salary of $8.00 per hour Tashene Eubanks, Jr., 405 Glenwood Ave. Lwr, Buffalo 14208 Malika Lee, 43 Freund Street, Buffalo 14211 Certificate of Appointment Appointment effective 7/3/12 in the Department of Common Council Division of City Clerk to the position of Intern VI Unclassified, Non - Competitive, Flat starting salary of $10.00 per hour Robert Castro, 303 Jersey Street, Buffalo 14201 Rachel Mumm, 66 Villa Avenue, Buffalo 14216 Certificate of Appointment Appointment effective 7/3/12 in the Department of Common Council Division of Masten District to the position of Intern IX Unclassified, Non - Competitive, Flat starting salary of $12.06 per hour Tianna Marks, 73 Blake Street, Buffalo 14211 NO. 39 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 June 22, 2012 in the Department of Public Works, Parks and Streets, Division of Parks to the Position of Laborer II, Seasonal at the minimum salary of $12.06/hr Jim Wilkinson, 83 Philadelphia, Buffalo, NY 14209 CERTIFICATE OF APPOINTMENT Appointment effective June 27, 2012 in the Department of Public Works, Parks and Streets, Division of Parks to the Position of Laborer II, Seasonal at the minimum salary of $12.06/hr Anthony Conrod, 5 New Amsterdam, Buffalo, NY 14216 CERTIFICATE OF APPOINTMENT Appointment effective July 2, 2012 in the Department of Public Works, Parks and Streets, Division of Parks to the Position of Laborer II, Seasonal at the minimum salary of $12.06/hr Christopher Sanabria, 59 Ward Court, Buffalo, NY 14220 CERTIFICATE OF APPOINTMENT Appointment effective June 29, 2012 in the Department of Public Works, Parks and Streets, Division of Parks to the Position of Supervising Lifeguard, Seasonal at the minimum salary of $12.19/hr Janel Anthony, 189 Winspear Ave. Buffalo 14215 Adrienna DiCioccio, 152 Schiller St. Buffalo 14206 Otuken Gildo, 38 Page St. Buffalo 14207 Giovanni Jones, 399 Parkdale Ave. Buffalo 14213 Erin O'Brien, 40 Wingate Ave. Buffalo 14216 Kathleen Scherer, 55 Kenefic Ave. Bu7ffalo 14220 Angel Torres, 141 Page St. Buffalo 14207 Elizabeth Vogl, 24 Wildwood PI. Buffalo 14210 Samuel Wichlacz, 218 Lovering Ave. Buffalo 14216 CERTIFICATE OF APPOINTMENT Appointment effective June 29, 2012 in the Department of Public Works, Parks and Streets, Division of Parks to the Position of Lifeguard, Seasonal at the minimum salary of $12.06/hr Noah A. Atkission, 52 Cazenovia St. Buffalo 14220 Jillian Lee Casey, 27 Evelyn St. Buffalo 14207 Jose Cruz - Jackson, 371 Hudson Buffalo 14201 Marc Cruz - Jackson, 371 Hudson Buffalo 14201 Kevin Cully, 92 Shenandoah Rd. Buffalo 14220 Arron Dalton, 252 James St. Buffalo 14210 Nunzio J. DiCioccio, 152 St. Buffalo 14206 Olvia Dugan, 114 Coolidge Rd. Buffalo 14220 Ahmed Elbaneh, 391 Macinaw St. Buffalo 14210 Tarah Foresta, 335 Sherman Buffalo 14212 Jacob Fossitt, 764 Lafayette Ave. Buffalo 14222 Amanda Gonter, 572 Potomac Ave. Buffalo 14222 Ariana Gonzalez, 80 Page St. Buffalo 14207 Emma Hartman, 169 Cosmo Ave. Buffalo 14220 Gaibreal Hillyard, 151 Hamburg St. Buffalo 14204 Evan Hughes, 49 Wellington Rd. Buffalo 14216 Jacob Jeziorowski, 183 Lockwood Ave. Buffalo 14220 Joshua Koester, 147 Royal Ave. Buffalo 14207 Brenda Laborgne, 35 Fuller St. Buffalo 14207 Debra Laborgne, 35 Fuller St. Buffalo 14207 Tam Mai, 88 Warren Ave. Buffalo 14212 Caitlyn Miller, 373 Eden St. Buffalo 14220 Ashley Murdock, 191 Hoyt St. Buffalo 14213 Justine Myke, 39 Helen St. Buffalo 14213 Brittany Fenders, 59 Ramona Buffalo 14220 Christopher Petrella, 1180 Amherst St. Buffalo 14216 Danielle Polniak, 201 S. Ogden St. Buffalo 14206 Hector Reyes, 869 Prospect Ave. Buffalo 14213 Edgar Rodriguez, 26 Argus St. Buffalo 14207 Villye Santiago, 785 Niagara St. Buffalo 14213 Elijah Serrano, 548 Plymouth Ave. Buffalo 14213 Luis Soto, 1223 West Ave. Buffalo 14213 Lidia Stampone, 182 Abby St. Buffalo 14220 Jessica Tunis, 104 Fillmore Ave. Buffalo 14210 Jamir Walker, 235 Schuele Buffalo 14215 September D. Williams, 158 Harvard PI. Buffalo 14209 Shaun Woods, 43 Aldrich Buffalo 14220 Dennis Wright, 32 Blantyre Rd. Buffalo 14216 CERTIFICATE OF APPOINTMENT Appointment effective June 28, 2012 in the Department of Public Works, Parks and Streets, Division of Parks to the Position of Lifeguard, Seasonal at the minimum salary of $12.06/hr Jesus ALgarin, 45 Blum Ave. Buffalo 14216 Marisol Angeles, 192 Lafayette Ave. Buffalo 14213 Jennifer Bielski, 28 Pritchard St. Buffalo 14210 Justin Blake, 62 Whitfield Ave. Buffalo 14220 Madeleine Burns, 58 Arlington PI. Buffalo 14210 Christopher Capone, 187 Weimar St. Buffalo 14206 Antonio Cicelslce, 21 Marine Dr. Apt. 12A Buffalo 14202 Daniel Clark Jr. 224 Saranac Ave. Buffalo 14216 Peter DeJesus, 99 Albert Ave. Buffalo 14207 Joseph Ferguson, 67 E. Morris Ave. Buffalo 14214 Tella Gajewski, 223 Ashley St. Buffalo 14212 Jillian Harris, 197 Fenton St. Buffalo 14206 Brittany Jaeckle, 308 Esser Ave. Buffalo 14207 Nicholas Jordan, 25 Maple Ridge Ave. Buffalo 14215 Tiffany Kobee, 295 North Dr. Buffalo 14216 Kristen Lemke, 42 Minton St. Buffalo 14210 David Gzyl, 157 Longnecker Buffalo 14206 Juan Nieves, 746 Parkside Ave. Buffalo 14216 Virginia Norris, 1879 Seneca St. Buffalo 14210 Matthew Pasqualetti, 72 Cumberland Buffalo 14220 Natalie Ramos, 569 Linwood Ave. Buffalo 14209 Linna Rodriquez, 99 Seymour St. Buffalo 14210 Alan Ring, 40 Minnetonka Rd. Buffalo 14220 Carl W. Reeves Jr., 163 Laurel St. Buffalo 14210 Elizabeth Staniszewski, 128 Norman Ave. Buffalo 14210 Nicholas Tillery, 162 N. Ogden St. Buffalo 14206 Anthony Torres, 141 Page St. Buffalo 14207 Brandon Waz, 535 McKinley Pkwy. Buffalo 14220 Kayla Witherspoon, 151 Page St. Buffalo 14215 Julie Wozniak, 5 Wildwood PI. Buffalo 14210 Chelsea Zakowski, 70 Good Ave. Buffalo 14220 CERTIFICATE OF APPOINTMENT Appointment effective June 28, 2012 in the Department of Public Works, Parks and Streets, Division of Parks to the Position of Supervising Lifeguard, Seasonal at the minimum salary of $12.19/hr Timothy Anderson, 17 Shoshone Buffalo 14214 Justin Hart, 56 Romoleno St. Buffalo 14220 Samantha Murphy, 56 Romoleno St. Buffalo 14220 Katherine Ryan, 182 McKinley Pkwy. Buffalo 14220 Taylor Sittniewski, 144 Willett Buffalo 14206 Kasia Williams, 144 Monclair Buffalo14215 James Wozniak, 5 Wildwood PI. Buffalo 14210 NO. 40 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 7/3/2012 in the Department of Audit and Control Division of Accounting to the Position of Senior Accountant Permanent Promotional Minimum starting salary of $44,790 Jaclyn Jakubowski, 160 Nicholson St., Buffalo 14215 NON - OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON - OFFICIAL COMMUNICATIONS NO. 41 J. FISHER - COMMENTS GAS STATION AT 333 AMHERST Re: Tops Markets construction of a gas station kiosk, canopy, pump islands d underground gasoline storage tanks. Dear James K. Morrell, Chairman Thank you for the opportunity to provide comment on the proposal to locate a new gas station facility at 333 Amherst Street. Buffalo Niagara Riverkeeper strongly urges the Planning Board, as Lead Agency. to make a positive declaration of environmental impact and require the developer to undertake further study prior to bringing this back before the Planning Board for approval or rejection. The location where the gas station is proposed is a highly sensitive area on top of the original location of Scajaquada Creek (please see attached map). As such, we believe that this parking lot may be located on top of highly porous fill. We recommend that a full geotechnical study (including soil samples) be prepared to determine soil conditions which will allow us to determine the potential affects of run -off and leaks in an aquifer and the issues surrounding mitigating potential adverse affects in such a unique environment. Standard Best Management Practices for locating gas stations likely do not apply in this case as this location Is a unique and highly altered urban waterfront area. The hydrology of this part of the Creek is not currently widely understood and further study will be required to ensure that conditions at Scajaquada Creek and the Niagara River watershed are not further degraded due to this development. In addition to the water quality concerns cited above, the potential location of this gas station along the banks of the existing Scajaquada Creek as well as immediately adjacent to the Jesse Kregel Pathway creates impacts on public enjoyment of our urban waterfront. Currently, several community groups are actively engaged in exploring how to better return recreation to Scajaquada Creek to serve our urban communities and act as a catalyst for sustainable neighborhood revitalization. Any development located within 100 feet of the shoreline of our waterfronts must take into consideration its impacts on public enjoyment of our urban waterways and must mitigate any negative impacts on that public use and enjoyment. Additionally, the City of Buffalo and County of Erie, along with several community groups and individuals, have made significant investments in creating the Riverwalk system to link Lake Erie to Niagara Falls. The section of this trail known as the Jesse Kregle Pathway runs directly adjacent to the proposed location of the gas station. Its impact on this important public space and trail system must be recognized and mitigated. In conclusion, it is the position of Buffalo Niagara Riverkeeper that the project as presented does not contain sufficient data to determine the environmental issues present, nor sufficient mitigation efforts for the known impacts on public use and enjoyment of our waterfront, to warrant proceeding with a Negative Declaration at this time. Careful analysis of the potential negative environmental and neighborhood revitalization goals of the community must be completed. Thank you for your attention to this very important matter. If you have any concerns or questions, please feel free to reach out at any time. We at Riverkeeper would like to be a resource in this project, helping to create the best possible outcome for our community. Sincerely, Jessie Fisher Director of Greenway Programs and Projects REFERRED TO THE COMMITTEE ON LEGISLATION NO. 42 R. FONTANA -N. MARRERO -BFLO CONSOLIDATED DEV FRAMEWORK -SEQR RE: Common Council Submittals Attached are three items for the Buffalo Consolidated Development Framework SEO.R review to be filed for the July 10, Common Council meeting. One item requires Council President Fontana's Signature. Please let me know if you have any questions, I can be reached at ext. 5083. RECEIVED AND FILED NO. 43 M. LOCURTO- LETTER FROM OLMSTED TO NYSDOT -RTE 198 Dear Mr. Chwalinski: Please file the attached item for further discussion at the next Common Council session to be held July 10th, 2012. Thank you in advance for your assistance in this matter. To Mr. Kaminski: The Buffalo Olmsted Parks Conservancy has been dedicated to minimizing the intrusion of Rte 198 through Delaware Park for over a decade. The Conservancy has been a strong supporter of reducing speeds to 30 -35 mph within the corridor, and creating a more parkway -like character, bringing the roadway into harmony with the park, and reconnecting the two fragmented sides of Delaware Park. In 2008, the BOPC published The Olmsted City -The Buffalo Olmsted Parks System: Plan for the 21 sc Century Project #1 under the Goals for Restoration of Delaware Park is stated as: "Support and Participate in the downgrade of the Scajaquada Expressway to a parkway." Unfortunately, we feel that throughout the EIS process, the original goals and transformative vision for this corridor have been mostly lost. Proposed plans are based solely on traffic engineering, traffic forecasting, and computer generated modeling. The project has reached the point that the BOPC can no longer feel confident that the "improvement" project being proposed is in line with our vision for the 21 sc Century. The Conservancy is committed to supporting improvements to the 198 Scajaquada Corridor. We are encouraged by, and thankful for the painstaking efforts that have gone into this study on the part of NYSDOT Region 5 engineers and consultants. However, it is important to recognize that the Buffalo Olmsted Parks Conservancy cannot support Alternative 2 as a preferred design alternative. The Conservancy is encouraged by some of the safety and aesthetic improvements proposed at the Delaware Ave and Elmwood Ave interchanges. However, there remains serious concern regarding the traffic problems at Parkside Ave, the lack of significant proposed improvements at Main Street and recognition of the goal of creating an overall parkway -like experience along the entire corridor. We look forward to further dialogue on how to make meaningful and significant improvements in the Scajaquada Corridor. Please feel free to contact Assoc. Landscape Architect Brian Dold (716.280,8818 - briano_frloparks.orq with any comments or concerns regarding the content of this letter. Sincerely, Thomas Herrera - Mishler President and CEO Buffalo Olmsted Parks Conservancy REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO 44 M. POLONCARZ -2012 ANNUAL REPORT REAL PROPERTY TAX SERVICE Copy available for review in the City Clerk's Office REFERRED TO THE COMMITTEE ON FINANACE NO. 46 D. PRIDGEN -NYC CHURCHES WIN RIGHT TO HOLD WEEKEND SERVICES IN PUBLIC SCHOOLS I would like to file the attached information for the next Common Council meeting to be held on July 10, 2012. Filed By: Mr. Darius G. Pridgen NEW YORK - The Alliance Defense Fund (ADF) won on Friday a permanent injunction in the 17 -year legal battle involving the Bronx Household of Faith and the NYC Board of Education. Religious groups will now be allowed to meet freely for worship services in public school facilities. "Churches that have been helping communities for years can continue to offer the hope that empty buildings can't," expressed ADF Senior Counsel Jordan Lorence in a statement. "The court's order allows churches and other religious groups to meet for worship services in empty school buildings on weekends on the same terms as other groups. ADF will continue to defend this constitutionally protected right if the city chooses to continue using taxpayer money to evict the very groups that are selflessly helping the city's communities, including the public schools themselves." The ADF had argued against claims that allowing congregations to come on Sundays to worship at public schools would he seen as government endorsement of religion, and insisted that churches would not be doing anything that religious groups at school are not already allowed to do. The Bronx Household of Faith case began in 1995 when its application to rent a public school building for Sunday services was rejected by the New York City Department of Education. The ADF has been representing the church ever since, and in February of this year won a court order granting temporary permission to New York's churches to continue meeting at public schools for weekend services. New York had been the only city in the nation that banned worship services in vacant public school buildings. "I think that there are school officials and also Mayor (Michael) Bloomberg that unfortunately are clinging to a very absolute view of the Establishment Clause. They do not understand that the government should accommodate freedom of speech for religions. They view religions as something evil or bad that needs to he driven from the public schools. All we are asking is that we are treated the same as everybody else," Lorence told CP after a court meeting on June 1. During the meeting, Jonathan Pines, the Department of Education's attorney, positioned that congregations should not be permitted to gather for weekend services at schools because an outside observer could interpret the worship as government endorsement of a specific religion. REFERRED TO THE CPECIAL COMMITTEE ON EDUCATION NO. 46 D. RIVERA -INFO RE: PEACE BRIDGE PLAZA EXPANSION Please find enclosed the follow items related to our ongoing discussions of the Peace Bridge Plaza A letter from Governor Andrew Cuomo to Homeland Security Department secretary Janet Napolitano on the pre - inspection of commercial vehicles at the Peace Bridge. Governor Cuomo's media release on the pre- inspection issue. The Department of Environmental Conservation and the Peace Bridge Authority's media release on idling enforcement activity at the Peace Bridge. DEC /PBA's media release on air monitoring activity at the Peace Bridge. It's my hope that these items will be sent to Community Development Committee for further discussion and consideration. Thank you, Copies available for review in the City Clerk's Office REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO 47 D. SMITH -INFO REGARDING PROCEDURES FOR HANGING SIGNS & BANNERS Council Members, I have received communications from Public Works regarding the hanging of banners. It seems that some groups and individuals are not aware or following the process for the hanging or installation of signs and banners. It is necessary for Public Works to assess the safety standards before allowing large banners to be mounted. Enclosed is the policy process for the installation of banners and signs. Upon your acceptance of a request for a resolution, please inform the requesting party about the process. Thank you for assistance in this matter. If you have any questions or concerns please contact Senior Engineer, Michael Hoffert, at 716/851 -5815 or myself at 716/851 -5145. Copy available for review in the City Clerk's Office RECEIVED AND FILED NO. 48 M. TARLOW- SUPPORT FOR FAIR EMPLOYMENT SCREENING ORD. Dear Council Members, As the Chief Executive Officer for the Center for Employment Opportunities (CEO), a nonprofit organization exclusively devoted to meeting the employment needs of thousands of people with criminal convictions each year in New York City, several upstate New York jurisdictions including Buffalo, and with a growing national footprint, I write today in strong support of the Fair Employment Screening Ordinance proposed by the Buffalo Common Council. Every day at CEO, we see individuals who have made a mistake and want to turn their lives around, and we know first -hand that entering the labor market is a critical step along that path. This legislation gives individuals in our communities a fair opportunity when applying for jobs that they are qualified for, ensuring that they will have the same Opportunities as other job seekers to be considered the employment on the basis of their experience, skills and personal attributes. Importantly, it will also give them an opportunity to discuss their conviction face to face with a potential employer. Most of us desire to speak for ourselves, and people with criminal convictions share that desire. For job seekers with a criminal history one of the most dreaded sections of a job application is the box that asks them to check whether they have ever been convicted of a felony. They fear that this conviction question prevents them from even getting their foot in the door and having an honest shake at getting hired. Thirty -three cities, including New York City, Philadelphia, and Boston acknowledge this concern and have passed or enacted ordinances that have eliminated the conviction question on job applications. Many cities have passed these ordinances because they recognize that helping residents with a record find work can help prevent them from returning to prison, resulting in safer communities and healthier economies. Helping people coming home from prison with employment can have a substantial impact not just on these individuals, but on their families, the communities in which they live, and on government spending. In Erie County, there is a 63% unemployment rate among parolees; and statewide, 89% of those who violate the terms of their release are unemployed at the time, suggesting that there is a strong correlation between employment and recidivism Lowering recidivism rates translates into safer communities, lower incarceration costs, and ultimately more money for crucial public services such as education and parks. In fact, a three -year, independent evaluation of CEO showed that up to $3.85 in savings was yielded for every $1 invested in the program. Legislation like the Fair Employment Screening Ordinance can help organizations like CEO do our work even more effectively and will assist us in our ability to get more job seekers in front of more employers. Your support of this legislation would be historic and could have a significant impact nationally on removing barriers to employment for people with convictions, It is essential that we recognize and assist hard to serve populations to ensure our communities are stronger economically and socially. If you have any questions or require any additional information please contact me directly at (212) 422 -4850. Thank you for your time and consideration in regards to this important and forward thinking piece of legislation Sincerely, Mindy Tarlow Chief Executive Officer Center for Employment Opportunities REFERRED TO THE COMMITTEE ON LEGISLATION PETITIONS NO. 49 J. LITTLE, OWNER, USE 20 ALLEN TO RE- ESTABLISH REAR PATIO TO A BAR/RESTAURANT (HRG 7 /17)(FILL) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 50 M. BRINKWORTH, OWNER, USE 223 ALLEN, TO PLACE OUTDOOR CAFE IN FRONT OF BAR/GRILL (HRG 7 /17)(FILL) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 51 M. HAMILTON & 0-1 AM MINISTRIES INC. TO BUILD COMM CTR AT 47 & 51 STEVENS (MAS) "I Am Ministries" is proposing to enhance the neighborhood by utilizing the grounds at 47 and 51 Stevens Ave. in Buffalo NY to build a Community Center. "The Center" will include the following: "Sale Structured Environment" for those who are in need of a place to live while they are in the process of restructuring their lives. Provide Training for those who have educational needs. Available Space To hold community events (no alcohol or drugs will be allowed) Available Space Where the community will be welcome to come together for prayer with "I Am Ministries" on a regular basics If you believe that "The Center" will help to create a healthy environment in this community please support the vision by providing us with your signature and phone # Also, let know if you would like to be included in the planning of this project REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT AND ECONOMIC DEVELOPMENT, PERMITS & INSPECTIONS NO. 52 S. ALABELI & O- REQUEST SOTRE LOCATED AT 570 NIAGARA OPEN To the Common Council: We are neighbors at Niagara and we want the Store at 570 Niagara St. United Family Market open. Copy available for review in the City Clerk's Office RECEIVED AND FILED REGULAR COMMITTEES CIVIL SERVICE (BONNIE E. RUSSELL, CHAIRPERSON) NO. 53 NOTICES OF APPOINTMENTS - TEMP /PROV /PERM(CTY CLK) CCP #52, 6/26 Mrs. Russell moved That the above item be the same and hereby is Received and Filed ADOPTED FINANCE (CHRISTOPHER P. SCANLON, CHAIRPERSON) NO. 54 2011 -2012 THIRD QUARTER GAP SHEET(COMPT) (CCP # 13, 06/26) Mr. Scanlon moved That the above mentioned item be and the same is hereby Received and Filed ADOPTED NO. 55 INVESTMENT AND DEBT MANAGEMENT BOND CLOSEOUT (COMPT) (ITEM NO. 5, C.C.P., JUNE 12, 2012) That the above item be, and the same is hereby returned m the Common Council with a recommendation for adoption; Mr. Scanlon moved: That the Comptroller is hereby authorized to closeout bonds not expended for the object or purpose of the bonds, as more fully described in the above communication. PASSED AYES 9, NOES 0 NO. 56 D. PRIDGEN- PROPOSED IDEA BY D. ALIEN JR. BUILDING A BETTER BUFFALO CITY HALL (CCP# 52, 10/04) Mr. Scanlon moved That the above mentioned item be and the same is hereby Received and Filed ADOPTED COMMUNITY DEVELOPMENT (JOSEPH GOLOMBEK, JR., CHAIRMAN) NO. 57 REPORT OF SALE - 576 SEVENTH (ELL)(STRAT PLAN) (ITEM NO. 9, C.C.P., JUNE 26, 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. Monserrate Guzman and Ms. Gladys Guzman, 578 Seventh Street, Buffalo, New York, in the amount of Three Thousand Two Hundred Dollars ($3,200.00) for the purchase of 576 Seventh, 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 ST. JOHN TOWNHOMES II HOUSING DEVELOPMENT FUND COMPANY, INC. AND ST. JOHN TOWNHOMES II L.P. PILOT (STRAT PLAN) (ITEM NO. 12, C.C.P., JUNE 26, 2012) That the above item be, and the same is hereby returned to the Common Council with a recommendation for adoption; Mr. Golombek moved that the above item be recommitted to the Committee on Community Development ADOPTED NO. 59 D. SMITH -J. PHELAN- CONCERNS DOG BITES & INCIDENTS LETTER CARRIERS (C.C.P. #41, JUNE 12) Mr. Golombek moved: That the above item be the same and hereby is Received and Filed. ADOPTED NO. 60 DOWNTOWN SPECIAL VENDING DISTRICT AMENDMENT (ITEM NO. 30, C.C.P., MAY 15, 2012) That the above item be, and the same hereby is returned to the Common Council with a recommendation for approval: Mr. Golombek moved: That the above item be the same and hereby is Received and Filed. RECEIVED AND FILED LEGISLATION (DARIUS G. PRIDGEN, CHAIRMAN) NO. 61 GROUND SIGN- 2915 MAIN STREET (UNIV) (ITEM NO. 69, C.C.P., JUNE 26, 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 June 26, 20t2, be received and filed; and That the application of B. Bernatovicz, Agent, to erect a ground sign at 2915 Main Street, is hereby approved. PASSED NO. 62 REASONS FOR DENIAL, DIRECTIONAL SIGN, PEARL ST GRILL DELI, 76 PEARL ST (PRES BD) (C.C.P. #2, JUNE 26) Mr. Pridgen moved: That the above item be the same and hereby is Received and Filed. ADOPTED NO. 63 FOOD STORE LICENSE (NEW) 1517 BROADWAY (FILL)(EDPI) (ITEM NO. 30, C.C.P., JUNE 26, 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 above item be recommitted to the Committee on Legislation Adopted NO. 64 FOOD STORE LICENSE (NEW) 137 MAPLE (ELL)(EDPI) (ITEM NO. 32, C.C.P., JUNE 26, 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 194 of the City Code to issue a Food Store License to Deen Alharbi d /b /a Roc City Market, Inc. located at 137 Maple. PASSED AYES 9, NOES 0 NO. 65 FOOD STORE LICENSE.(NEW) 568 NIAGARA A/K /A 570 NIAGARA (ELL)(EDPI) (ITEM NO. 34, C.C.P., JUNE 26, 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 194 of the City Code to issue a Food Store License to Badr Mohsen Abdullah Alqatani d /b /a United Family Market located at 568 Niagara a /k/a 570 Niagara. PASSED AYES 9, NOES 0 NO. 66 FOOD STORE LICENSE (NEW) 352 WALDEN (FILL)(EDPI) (ITEM NO. 36, C.C.P., JUNE 26, 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 194 of the City Code to issue a Food Store License to Iman Nagi d /b /a Walden Food Market located at 352 Walden, upon the following conditions: 1. Store to close no later than 11:00 pm Sunday through Thursday 2. Store to close no later than 12:00 midnight Friday and Saturday 3. Owner to remove any graffiti on premises within 72 hours 4. NO hand painted signs allowed on outside of store - any signs or signage to be professionally done 5. No plastic banner signs to be posted outside of store PASSED AYES 9, NOES 0 NO. 67 SCRAP PROCESSOR -409 HERTEL (NORTH) (EDPI) (ITEM NO. 39, C.C.P., JUNE 26, 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 for the Department of Economic Development, Permit and Inspection Services dated June 26, 2012, be received and filed; and That the above item be Recommitted to the Committee on Legislation. Adopted NO. 68 WHOLESALE JUNK DEALER -409 HERTEL (NORTH) (EDPI) (ITEM NO. 40, C.C.P., JUNE 26, 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 for the Department of Economic Development, Permit and Inspection Services dated June 26, 2012, be received and filed; and That the above item be Recommitted to the Committee on Legislation. Adopted NO. 69 SCRAP PROCESSOR - 602 BABCOCK (FILL) (EDPI) (ITEM NO. 41, C.C.P., JUNE 26, 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 Economic Development, Permit and Inspection Services dated June 26, 2012, be received and filed, and That pursuant to Chapter 254 of the City of Buffalo Ordinances, the Commissioner of Economic Development, Permit & Inspections Services be, and he hereby is authorized to grant a Scrap Processor Dealer License to Rudy Orozco d /b /a 620 Babcock, Inc., located at 602 Babcock, upon the following conditions: 1. No crushing of cement, brick, or other like materials 2. Storage of tires limited to one thousand (1000) PASSED AYES 9, NOES 0 NO. 70 SCRAP PROCESSOR - 620 BABCOCK (FILL) (EDPI) (ITEM NO. 42, C.C.P., JUNE 26, 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 Economic Development, Permit and Inspection Services dated June 26, 2012, be received and filed; and - That pursuant to Chapter 254 of the City of Buffalo Ordinances, the Commissioner of Economic Development, Permit & Inspections Services be, and he hereby is authorized to grant a Scrap Processor Dealer License to Rudy Orozco d /b /a 620 Babcock, Inc., located at 620 Babcock, upon the following conditions: 1. No crushing of cement, brick, or other like materials 2. Storage of tires limited to one thousand (1000) PASSED AYEA 9, NOES 0 NO. 71 WHOLESALE JUNK DEALER - 620 BABCOCK (FILL) (EDPI) (ITEM NO. 43, C.C.P., JUNE 26, 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 Economic Development, Permit and Inspection Services -dated June -26, 2012, be received and filed; and That pursuant to Chapter 254 of the City of Buffalo Ordinances, the Commissioner of Economic Development, Permit & Inspections Services be, and he hereby is authorized to grant a Wholesale Junk Dealer License to Rudy Oroczo d /b /a 620 Babcock Inc., located at 620 Babcock, upon the following conditions: 1. No crushing of cement, brick, or other like materials 2. Storage of tires limited to one thousand (1000) PASSED AYES 9, NOES 0 NO. 72 USED CAR DEALER - 1261 HERTEL (DEL)(EDPI) (ITEM NO. 44, C.C.P., JUNE 26, 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 is hereby authorized pursuant to Chapter -254 of the City Code to issue a Used Car Dealer License to Frank Corsi d /b /a Chase Asset Recovery Corp:; located at 1261 Hertel. PASSED AYES 9, NOES 0 NO. 73 CHICKEN LICENSE - 28 ST. JAMES PLACE (ITEM NO. 46, C.C.P., JUNE 26, 2012) That the above item be, and the same is hereby returned to the Common Council with a recommendation for approval; Mr. Pridgen moves: That the above item be recommitted to the Committee on Legislation Adopted NO. 74 E. KETRY, APPEAL DIRECTION SIGN DENIAL - PEARL STREET GRILL DELI, 76 PEARL STREET (ITEM NO. 63, C.C.P., JUNE 26, 2012) Mr. Pridgen moved: That the above communication from the City Clerk dated June 26, 2012, be received and filed; and That the application of E. Ketry, owner, to appeal the City of Buffalo Preservation Board denial for a directional sign at 76 Pearl Street, is hereby Recommitted. Adopted NO. 75 S. NORRIS- VARIOUS REQUESTS POLISH HERITAGE (C.C.P. #36, JUNE 12) Rev. Pridgen moved: That the above item be the same and hereby is Received and Filed. ADOPTED NO. 76 D. RIVERA- VARIOUS DELI STORES TO BE INVESTIGATED (C.C.P. #59, MAY 1) Rev. Pridgen moved: That the above item be the same and hereby is Received and Filed. ADOPTED NO. 77 J. MACIA & OTHERS - CONCERNS REGARDING MAINTENANCE OF MARINE DR APT (C.C.P. #65, MAY 1) Rev. Pridgen moved: That the above item be the same and hereby is Received and Filed. ADOPTED NO. 78 G. PHOTIADIS- CONCERNS REG. APPLICATION FOR LANDMARK DESIGNATION 399 GANSON (C.C.P. #43, JUNE 14) Rev. Pridgen moved: That the above item be the same and hereby is Received and Filed. ADOPTED RESOLUTIONS NO. 79 SPONSOR: MR. FONTANA APPOINT MARRIAGE OFFICER (GOLOMBEK) Be It Resolved: That pursuant to Chapter 49 of the Laws of New York (1988), which allows a governing body the right to appoint one or more Marriage Officers, who have the authority to solemnize marriages. I am requesting the appointment of Joseph Golombek, Jr., as a marriage officer only for September 1, 2012. ADOPTED. NO. 80 SPONSOR: RICHARD A. FONTANA STANDARD WORKDAY AND REPORTING RESOLUTION WHEREAS: The New York State Local Retirement Systems (NYSLRS) initially published and continues to revise their rules and regulations governing Employer Reporting of Days Worked for Elected and Appointed Officials as codified in 2 NY CRR 315: and WHEREAS: The Common Council, as the governing body of the City of Buffalo. In order to ensure the uninterrupted crediting of retirement system benefits to City Employees. Elected Officials and their Appointees, and to comply with the current rules, regulations and guidance of the NYSLRS as relates to 2NY CRR 315, will undertake the specific actions listed herein to be in full compliance therewith. NOW THEREFORE BE IT RESOLVED: That this Common Council by enclosure, does hereby document the City of Buffalo's preparation of Forms RS 2417 -A and RS 2418 with supporting schedules coded as EL- Elected Officials. AP- Appointed Officials and CS -Civil Service Employees for submission to the NYSLRS as required by 2NY CRR 315: AND BE IT FURTHER RESOLVED: That this Common Council does hereby direct the City Clerk to publish on the City of Buffalo's website for a period of at least thirty (30) consecutive calendar days a copy of this Resolution together with the enclosures cited herein: AND BE IT FINALLY RESOLVED: That this Common Council hereby directs the City Clerk to complete the attestations, as required by 2NY CRR 315, on the Affidavit of Posting included by enclosure, and on forms RS 2417 -A and RS -2418. and to file copies thereof with the Comptrollers of the State of New York and the City of Buffalo, and to acknowledge completion of such action by separate notice to this Common Council for its record keeping purposes. Copy available for review in the City Clerk's Office PASSED AYES 9, NOES 0 NO. 81 SPONSOR: MICHAEL J. LOCURTO 2012 GREATER BUFFALO ITALIAN HERITAGE AND FOOD FESTIVAL Whereas: The North Buffalo Community Development Corporation, Hertel -North Buffalo Business Association, and the West Side Business and Taxpayers Association, Inc. have requested permission to again, jointly conduct the Greater Buffalo Italian Heritage and Food Festival from July 14 through July 27, 2011, on Hertel Avenue; and Whereas: These groups are also requesting that Hertel Avenue be closed to vehicular traffic between Delaware and Colvin Avenues during the above dates, and that cross streets between Colvin and Delaware Avenues, and also Linden and Tacoma between Delaware and Colvin Avenues, be designated festival areas; and Whereas: This festival will be a major expression of Italian Heritage which includes culture, customs, and foods and will once again attract people from hundreds of miles away; and Whereas: The Italian Festival Committee will continue the drastic changes that were made in 2002 in an effort to focus more on Italian Heritage. The changes are as follows: 1. The festival will run from Thursday, July 12, 2012, to Sunday, July 15, 2012 (4 days) 2. The hours of operation will be from 11:00 AM to 11:00 PM on Thursday, Friday, and Saturday, and from 11:00 AM to 10:00 PM on Sunday 3. The Festival Committee shall control the area bounded by Delaware Ave. from Linden to Tacoma Ave., Tacoma Ave. from Delaware Ave. to Colvin Ave. From Tacoma Ave. to Linden Ave., Linden Ave. from Colvin Ave. to Delaware Ave. 4. Within the above area, the festival will operate from just west of Delaware Ave. to just east of Crestwood Ave. shortening the operating area by approximately three blocks. 5. All large amusement rides and games of chance will be eliminated. 6. Where and when possible, all residents and businesses on Hertel Ave. between Delaware Avenue and Virgil Avenue will have access to their property. The Festival Committee will maintain the increased level and presence of security throughout the area agreed to by you and the Festival Board. 7. Electrical power provided by private source will eliminate large and noisy diesel generators with whisper quiet electrical generators which eliminate all hazardous wires criss- crossing the street. 8. The Festival Committee will be eliminating most non -food vendors thereby re- focusing our attention on ethnic and cultural areas. Now Therefore Be It Resolved: The North Buffalo Community Development Corp., Hertel -North Buffalo Business Association and the West Side Business and Taxpayers Association Inc. are hereby granted Permission to jointly conduct the 2012 Greater Buffalo Italian Heritage and Food Festival subject to the following conditions: 1. The Festival shall be conducted on Hertel Avenue from July 12th, through July 15th, 2012, between the hours of 11:00 AM and 11:00 PM, except Sunday when hours are 11:00 AM to 10:00 PM with Tuesday July 10th, 2012 after 6:00 PM and Wednesday, July 11 th, 2012 to be used only as set up days, and Monday, July 16th, 2012, to be used only as a breakdown day with traffic to recommence by 6:00 AM of that day; 2. Hertel Avenue, between Crestwood and Tennyson Avenues, shall be closed to vehicular and bicycle traffic, and dogs and other animals shall be prohibited during the festival. In addition, cross streets bounded by Colvin, Linden, Delaware, and Tacoma Avenues, including those boundary streets, shall be part of the festival area subject to its rules and regulations. Permitees with the cooperation of and at the direction of the Police department will furnish and locate barriers to be placed at the beginning time of the festival and to be removed at the end of the festival; 3. That the festival committee be, and hereby is, authorized to erect appropriate banners and fittings on street lamp posts on Hertel Avenue from the easterly side of Colvin Avenue to the westerly side of Delaware Avenue, and to hang a banner across Hertel Avenue and at Sorrento's on South Park Avenue, all within conditions specified by the Department of Public Works; 4. Permitees shall furnish to the City of Buffalo proper liability insurance as determined by Special Events Committee and Corporation Counsel; 5. Permitees shall assume complete responsibility for removing barriers, decorations, barricades, stands, equipment and any trash or debris in the area arising out of the festival; 6. Permitees shall assume complete responsibility for conducting the festival in compliance with all laws and ordinances applicable, and with all directives of the various city departments, including Police, Fire, Street and Sanitation, Transportation, and Public Works; 7. Permission is hereby granted for the above under such terms and conditions so as to protect the interest of the City of Buffalo, as set forth by the Special Events Committee. ADOPTED NO. 82 SPONSOR: COUNCILMEMBER LOCURTO WAIVE PERMIT FEES FOR THE PARKSIDE COMMUNITY ASSOCIATION'S "MOVIES ON THE MEADOW" Whereas, The Parkside Community Association (PCA) is a 502(c)(3) not - for - profit founded in 1963 and is the largest membership - based community association in the City of Buffalo; and, Whereas, Every Friday in August, t h e P CA hosts free, family friendly, nighttime outdoor screenings of popular movies in Delaware Park where residents can come out and enjoy the park with friends, neighbors, and family; and, Whereas, the screenings will be held in front of the Parkside lodge every Friday beginning at dusk, with the first screening to be held on Friday, August 3 r 2012, and the last on Friday, August 31 sc 2012. Now, Therefore, Be it Resolved, That: The Common Council hereby waives the permit fees associated with hosting these free, public events in Delaware Park; and, Be It Further Resolved That: A copy of this resolution is sent to the Department of Parks and Recreation. PASSED AYES 9, NOES 0 NO. 83 SPONSOR: COUNCILMEMBER LOCURTO WAIVE THE PERMIT FEES FOR THE PARKSIDE SUMMER ARTS PROGRAM Whereas, The Parkside Community Association (PCA) is a 501 (c)(3) not - for - profit founded in 1963 and is the largest membership -based community association in the City of Buffalo; and, Whereas, For over thirty years, the Parkside Summer Arts Program has provided quality arts programming for children aged 5 -11 during their summer vacations; and, Whereas, This year's theme will be "The Camp Community," where campers will take part in enrichment activities that connect with the vibrant resources available in the Parkside Neighborhood; and. Whereas, The camp offers a network of instructors skilled in a wide variety of topics with a focus on direct experience, including topics ranging from literacy, math and science, to music, dance and art; and, Whereas, The Summer Arts Program will be held weekdays outside the Parkside Lodge in Delaware Park from 9am -3pm, beginning on Monday, July 9 th and ending Friday, August 17 Now, Therefore, Be It Resolved That: The Common Council hereby commends the Parkside Community Association for their dedication to education and enrichment of Buffalo children and their families; and. Be It Further Resolved That: The Common Council hereby waives the permit fees associated with holding the Summer Arts Program in Delaware Park from July 9th 2012 through August 17th 2012. Be It Finally Resolved That. A copy of this resolution is sent to the Department of Parks and Recreation. PASSED AYES 9, NOES 0 NO. 84 BY: JOSEPH GOLOMBEK NORTH DISTRICT COUNCIL MEMBER MERGING THE BUFFALO AND FORT ERIE PUBLIC BRIDGE AUTHORITY AND THE NIAGARA FALLS BRIDGE COMMISSION Whereas: The Prospect Hall neighborhood was declared by the Preservation League of New York State as one of the Seven to Save areas as well as taking national recognition appearing on the Eleven Most Endangered Historic Places list by the National Trust for Historic Preservation; and Whereas: There is currently a respiratory health epidemic existing closest to the Peace Bridge with studies linking the epidemic to diesel emissions from trucks passing through residential neighborhoods and local parks; and Whereas: Numerous regional, national and international cities have capitalize by possessing Waterfront Property both in the private and public sectors where in the City of Buffalo the Waterfront is underdeveloped consumed by a highway; and Whereas: Niagara Falls Infrastructure is suitable for freight traffic due to room for rail development, air cargo connectivity with a sparse residential development which strongly contrast the densely populated urban West Side Neighborhoods surrounding the Peace Bridge; and Whereas: The Peace Bridge is a gateway from Canada into the heart of the City of Buffalo. Now Therefore Be It Resolved; That there be a merging of the Buffalo and Fort Erie Public Bridge Authority and the Niagara Falls Bridge Commission which would allow commuter, tourism, business, and freight traffic to be specialized onto bridges which are logistically sound and provide opportunity for regional economic development without harming the surrounding areas; and Be It Resolved; That a compromise in revenue sharing between Buffalo and Fort Erie Public Bridge Authority and the Niagara Falls Bridge Commission be agreed upon, which has been the cause of competition between former Authorities instead of concordance while working together to develop the region. Be It Further Resolved; That each bridge under the New Merged Authority be given a specialization which maximizes the logistical and environmental conditions surrounding it as well as ensuring that traffic passes safely and smoothly; and Be It Finally Resolved; Complete Street Design is established in planning and development, which allow all forms of commuter traffic to utilize the Peace Bridge and enhance and revitalize the adjacent neighborhoods. ADOPTED 101010 M SPONSORED BY: MR. PRIDGEN THE 22 ANNUAL HISPANIC HEALTH & INFORMATION FAIR Whereas: Chapter 175 of the Code of the City of Buffalo establishes a schedule of fees that are to be charged with respect to licenses, permits and activities required or regulated under the provisions of various chapters of the code; and WHEREAS: The 22 Annual Hispanic Health & Information Fair provides information, health tests, screening and other activities to the community; and WHEREAS: The 22 Annual Hispanic Health & Information Fair will take place on Saturday, June 30, 2012 at 524 Busti Avenue, corner of Jersey Street, from 1:00 to 5:00 pm; and WHEREAS: The 22 "d Hispanic Health & Information Fair will begin set up at 11:00 am with lunch served at 12 noon, immediately after set up. This is a free community event. NOW, THEREFORE, BE IT RESOLVED: That the Common Council of the City of Buffalo waive the Park fee for The 22 Annual Hispanic Health & Information Fair; and BE IT FURTHER RESOLVED: That the City Clerk forwards a copy of this resolution to the Commissioner of the Department of Public Works, Parks and Streets. PASSED AYES 9, NOES 0 NO. 86 SPONSORED BY: MR. PRIDGEN THE GREATER JEFFERSON AVENUE BUSINESS COMMONS, NY MAIN STREET PROGRAM, BY THE NYS HOUSING TRUST FUND CORPORATION Whereas: Jefferson Avenue once was a hub of community and commerce in the City of Buffalo; and Whereas: The Greater Jefferson Avenue Business Commons is committed to promoting commerce on Jefferson Ave in the City of Buffalo; and Whereas: Greater Jefferson Avenue Business Commons is a strong membership organization of 30 members; and Whereas: The Greater Jefferson Avenue Business Commons survey indicated that NYS Main Street program would support small business development; and Whereas: Urban Christian Ministries is housed at 967 Jefferson Avenue Jefferson Ave, Buffalo New York; and Whereas: Urban Christian Ministries is a 42 year old non for profit; and Whereas: Urban Christian Ministries is a member of the Greater Jefferson Avenue Business Commons; and Whereas: 95% of the project will take place in the Buffalo Ellicott District; and Whereas: New York State Department of Housing and Urban Development funded a housing project on Jefferson in 2005; and Whereas: Urban Christian Ministries will be the lead in this application for the Greater Jefferson avenue Business Commons Main Street Application. Now, Therefore, Be It Resolved: That the City of Buffalo Common Council supports the Urban Christian Ministries and the Greater Jefferson Avenue Business Commons application to New York Main Street Program by the New York State Housing Trust. Fund Corporation; and Be It Further Resolved: That the City of Buffalo Common Council encourages the Governor to highly consider New York Main Street Program by the New York State Housing Trust Fund Corporation for Buffalo's Jefferson Ave. ADOPTED NO. 87 SPONSORED: MR. PRIDGEN TRAILBLAZING SIGN FOR PASTOR BRANT MCCALISTER Whereas: Pastor Brent C. McCalister was born in Ft. Worth, Texas on August 17, 1954, to Mr. and Mrs. W.C. and Laura McCalister; and Whereas: Pastor Brent C. McCalister joined North Ebenezer Baptist Church where Pastor Claybe Wright was the leader; and Whereas: Pastor McCalister attended Sunrise Elementary and Dunbar High School located in Ft Worth, Texas. He left home at the age of 18 to join the United States Army for 3 years; and Whereas: Pastor Brent C. McCalister, became a Vietnam Veteran during his tenure in the United States Army; and Whereas: Pastor Brent C. McCalister married his wife Shirley McCalister in 1977; and Whereas: Pastor Brent had three daughters, Shellie, Melodie, Brentnie, and Nikki McCalister; and Whereas: He began his ministerial development at North Ebenezer Baptist Church as an ordained Deacon, later transferring to Buffalo, New York; and Whereas: Pastor Brent became an associate minister at Fillmore Baptist church under the leadership of Pastor Wilbert Martin. While he worked as a carpenter, be cared for his family and community; and Whereas: He continued the process of growth and development at Pleasant Grove Baptist Church where he served as the associate minister and in youth ministry for seven years. Whereas: He led many unsaved children and parents to salvation, and assisted other ministers in leading a basketball tournament for the city's young men He worked with under privileged children while teaching them the trade of carpentry; and Whereas: Pastor Brent C. McCalister went door to door delivering baskets to the needy and to nursing homes in order to sing and fellowship with the ill; and Whereas: He became the Pastor of the Midtown Bible Church where has been the Pastor for more than 18 years caring compassionately for the needs of hundreds of Buffalonians. Now, Therefore, Be It Resolved: That the Common Council of the City of Buffalo hereby approves the installation of Trailblazing Signs proclaiming the portion of Main and Masten as "Pastor Brent C. McCalister Way; and Be It Further Resolved: That the Department of Public Works, Parks and Streets are directed to erect the signs to this effect once all fees associated with the posting of the Trailblazing signs has been satisfied. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT, NO. 88 SPONSORED BY COUNCILMEMBER RIVERA COMMUNITY FOUNDATION FOR GREATER BUFFALO'S (CFGB) APPLICATION FOR URBAN INITIATIVES GRANT Whereas, the Urban Initiative program, administered by the States Division of Homes and Community Renewal, provides financial and technical resources to communities for the restoration and improvement of housing, commercial areas and public and community facilities in urban neighborhoods; and Whereas, CFGB recently launched the Buffalo Green and Healthy Homes Initiative (Buffalo GHHI), which promotes and coordinates local programs for weatherization, lead hazard control, asthma control, and other health and safety improvements in low income homes; and Whereas, as a part of Buffalo GHHI, CFGB is proposing to coordinate an innovative green affordable housing and workforce development demonstration project; and Whereas, the project will be a collaboration between CFGB, Habitat for Humanity ( "HH "), the Center for Employment Opportunities ( "CEO "), and People United for Sustainable Housing ( "PUSH ") with each organization lending its expertise in green renovations (HH and PUSH) and work force training (CEO); and Whereas, HH will be responsible for renovating 451 24 Street, where they will turn a current vacant dwelling into a highly energy efficient, affordable home that will meet or exceed national green building certification standards and be owner - occupied by a pre - approved low income person /family; and Whereas, PUSH will be responsible for renovating 16 Winter Street, where they will rehabilitate a currently vacant property and turn it into a green, affordable rental property that will meet or exceed national green building certification standards; and Whereas, CEO will administer the transitional employment and hands -on training for 80 -100 individuals on the two work sites where workers will learn supervised hands -on construction skills training and training in the application and installation of green and healthy homes measures, and will become GHHI certified workers through complimentary classroom training; and Whereas, this project will meet regional economic development priorities connected to job creation and smart growth, and also local community priorities related to affordable housing, weatherization and energy affordability, and green job training and creation. Now, Therefore Be It Resolved, the Common Council approves this project and fully endorses the Community Foundation of Greater Buffalo's Urban Initiatives application. ADOPTED NO. 89 SPONSORED BY COUNCILMEMBER RIVERA SUPPORT FOR BUFFALO NEIGHBORHOOD STABILIZATION CORPORATION ( "BNSC ") URBAN INITIATIVE APPLICATION Whereas, the Urban Initiative program, administered by the State's Division of Homes and Community Renewal, provides financial and technical resources to communities for the restoration and improvement of housing, commercial areas and public and community facilities in urban neighborhoods; and Whereas, BSNC (the development arm of People United for Sustainable Housing "PUSH ") is a non - profit located on the West Side, dedicated to providing affordable housing that is sustainable and environmentally friendly, with the goal of creating an entire community that is both affordable and conducive to sustainable growth; and Whereas, in striving to reach this goal, BSNC is applying to the Urban Initiative program with a plan, called "Club Utica ", to develop a mixed -use building at 527 West Utica Avenue; and Whereas, the building will be rehabbed to using energy efficiency and innovative green building techniques and the finished product will comprise of two spaces for neighborhood- oriented retail, office space for needed general practice medical services, and three units of high - quality affordable rental housing; and Whereas, these uses were determined to be the most beneficial after an extensive community assessment was completed, that included the surveying of 350 residents in the surrounding neighborhood and discussions with key stakeholders in the community; and Whereas, the building stands at the corner of the Five Points intersection on the West Side, a growing neighborhood that has seen a mix of both private and public investment in both commercial and residential projects; and Whereas, the addition of Club Utica to this neighborhood will be substantial in removing another vacant, blighted building from the intersection and turning it into a proactive use of both commercial and residential functions. Now, Therefore Be It Resolved, the Common Council approves Buffalo Neighborhood Stabilization Corporation's Club Utica plan and fully endorses its application to the Urban Initiatives program. ADOPTED NO. 90 BY: MS. RUSSELL BUDGET AND PERSONNEL AMENDMENT 04- AUDIT & CONTROL 1043 - ACCOUNTING The Common Council of the City Of Buffalo does ordain as follows: That part of Section 1 of Chapter 35 of the Code of the City of Buffalo, relating to 04 - Audit & Control, 1043 - Accounting, which currently reads: 2 Supervising Accountant $51,396 - $59,811 2 Senior Auditor $44,790 - $50,398 Is hereby amended to read: 1 Principal Accountant $55,923 - $65,398 1 Supervising Accountant $51,396 - $59,811 1 Senior Auditor $44,790 - $50,398 1 Assistant Accountant $38,751 - $44,375 It is hereby certified, pursuant to Section 3 -19 of the Charter, that the immediate passage of the foregoing ordinance is necessary. IT IS HEREBY CERTIFIED, that a personnel requisition incident to the creation of the above - mentioned position, containing a statement of the duties for such position, has been filed with the Municipal Civil Service Commission, and said Commission has approved and certified the position title set forth in the foregoing ordinance as being the appropriate Civil Service title for the proposed position BYRON W. BROWN, MAYOR, MARK J.F. SCHROEDER, COMPTROLLER AND DONNA J. ESTRICH, DIRECTOR OF BUDGET, ADMINISTRATION AND FINANCE, hereby certify that the above change is necessary for the proper conduct, administration and performance of essential services of that department. We recommend that the compensation for said position be fixed at the respective amount set forth in the foregoing ordinance. BYRON W. BROWN MARK J.F. SCHROEDER MAYOR COMPTROLLER DONNA J. ESTRICH DIRECTOR OF BUDGET, ADMINISTRATION AND FINANCE That the Budget & Personnel Amendment as contained in Item No. 41, C.C.P., July 10, 2012, be and the same hereby is approved. PASSED AYES 9, NOES 0 NO. 91 SPONSOR: MR. SCANLON APPOINT SR. LEGISLATIVE ASSISTANT Whereas: Matthew Fisher is a longtime resident of South Buffalo, residing at 111 Eden Street, Buffalo, New York, 14220; and Whereas: Matthew Fisher is currently working as a Legislative Aide in the South District Council office; Now, Therefore be it Resolved That: Matthew Fisher is hereby appointed as a Sr. Legislative Assistant to the South District Council Office effective July 1, 2012. ADOPTED NO. 92 BY: MR. SCANLON PERMISSION TO HANG BANNER ON ABBOTT ROAD TO PROMOTE THE CELTIC CHALLENGE Whereas: The Celtic Challenge, a 4 -mile road race, is being held on August 28, 2012, and raises funds for the Buffalo St. Patrick's Day Parade; and Whereas: The race route for the Celtic Challenge will begin and end at Riverfest Park, 200 Ohio Street, and travel past several notable sites in the Old First Ward. The race also extends into downtown Buffalo, including Canalside, the Naval and Military Park and the Irish Famine Memorial; and Whereas: In order to promote this special event, the United Irish American Association has requested permission to hang a banner promoting the event. The banner will hang across Abbott Road, at light pole #586 and #10, which is located at the edge of the Timothy J. Burvid Ice Rink parking lot; and Whereas: The banner will be hung from July 16, 2012 through August 31, 2012; and Whereas: The City of Buffalo proudly supports the Celtic Challenge and their efforts to promote and raise funds for the St. Patrick's Day Parade; Now, Therefore, Be It Resolved: That the City of Buffalo Common Council hereby permits the Celtic Challenge to hang an informational banner across Abbott Road at pole number #586 and #10, located at the edge of the Timothy J. Burvid Ice Rink parking lot to promote the Celtic Challenge. The banner will be installed on July 16, 2012 and stay up until August 31, 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 BY: DEMONE SMITH NO. 93 APPOINT SR. LEGISLATIVE ASSISTANT (FORTUNE) Whereas: Nikita Fortune has served as Legislative Assistant in the Masten District Common Council Office; and Whereas: Nikita has demonstrated her hard work by taking active roles with the constituents and block clubs in the community; and Whereas: Nikita graduated from Canisius College with a Bachelor of Arts degree. Now, Therefore, Be It Resolved: Nikita Fortune be appointed to Senior Legislative Assistant to the Masten District Common Council Office. ADOPTED NO. 94 BY: DEMONE SMITH APPOINT LEGISLATIVE AIDE(GARLAND) Whereas: Frank Garland, III has served as an Assistant Legislative Aide in the Masten District Common Council Office; and Whereas: Frank has demonstrated his hard work by taking active roles with constituents in the community; Now, Therefore, Be It Resolved: Frank Garland, III be appointed Legislative Aide to the Masten District Common Council Office, ADOPTED NO. 95 BY: MR. SMITH TRAILBLAZING SIGN REQUEST FOR KENNETH BULLS SR. Whereas: Trailblazing signs, otherwise known as honorary street names, are generally assigned to honor and commemorate persons associated with the city of Buffalo; and Whereas: Kenneth Earl Bulls Sr. was born on January 20, 1964 to Estrice and Betty Bulls, the youngest of four sons; and Whereas: Kenneth attended Grover Cleveland High School where he was a standout in football and track and field. He later attended Mercyhurst College, where he majored in English; and Whereas: After college, Kenneth worked several jobs until joining the New York State Department of Corrections in 1993. In this capacity, Officer Bulls served with distinction and earned several commendations for his years of service; and Whereas: In 1997, Kenneth married Kim De Berry and the couple was blessed with two children, Kenneth Earl Jr. and Kerrin Marie. Always a loving father, husband, and a beloved uncle to his nieces and nephews: and Whereas: Kenneth entered into rest December 22, 201 t. He will be dearly missed by his beloved wife: Kim Bulls, his children: Kenneth Jr. and Kerrin, his parents: Estrice and Betty, and his brothers: Hubert, Rondy, and Carl. Now. therefore be it resolved: That the Common Council of the City of Buffalo hereby approves the instillation of a trailblazing sign at the corner of Winslow Avenue and Wohlers Avenue proclaiming this portion of Winslow Avenue as "Kenneth Bulls Sr. Way," and Be it Finally Resolved: That the Department of Public Works is directed to erect these signs to this effect, once all fees associated with the posting of a Trailblazing Sign have been satisfied. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 96 BY: MR. SMITH TRAILBLAZING SIGN REQUEST FOR CHARLENE CAVER MILLER Whereas: Charlene Miller was born on August 27, 1944, the fourth of 6 children to Charles and Helen Miller in Alexandria) Virginia; and Whereas: Charlene met and married Wilton Caver and relocated to Buffalo in 1962. They became proud parents to Wilton, Anthwan and Jaton; and Whereas: Charlene was inspired by her mother Helen who was a Community Activist who promoted the improvement of Social Conditions and the Spiritual well being of Community residents and their families; and Whereas: In 1962, Charlene became a member of the Black Panther Party. She began Community organizing which led to the formation of B. U.I.L.D Academy in Buffalo. She was also involved in the opening of the Buffalo Halfway House on Glenwood Avenue; and Whereas: In 2009, she received the first Empowerment Intergenerational Award. She has received many awards and certificates for her service over the years and she has done volunteer work for Friends of the Night People, the Special Olympics and the American Heart Association; and Whereas: Charlene is currently a member of the Committee for Community School #53, Masten Block Club Coalition, President of the Block Club Committee Coalition and is currently President of the Winslow Avenue Block Club; and Now It Therefore be it Resolved: The Common Council of the City of Buffalo hereby approves the installation of the Trailblazing sign at the corner of Humboldt Parkway and Winslow Avenue, proclaiming that portion of Winslow Avenue as "Charlene Caver Miller Way "; and Be it Finally Resolved: That the Department of Public Works is directed to erect a sign to that effect, once all fees associated with the posting of Trailblazing S been satisfied. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 97 BY: MR. SMITH TRAILBLAZING SIGN REQUEST FOR SUSIE M. SMITH Whereas: Susie M. Peeler was born in Shelby, North Carolina. She arrived in Buffalo in the 2940's where she attended Buffalo Public Schools. She would later meet and then marry her longtime love, Robert G. Smith and would raise a family of 7 children; and Whereas: While raising her family, Susie held various jobs with Saint Mary Magdeline R.C. Church, Niagara Frontier Association for Sickle Cell Disease, Erie County Department of Corrections and also Eastman Machine; and Whereas: Beginning in the 1960's Susie Began her community service journey. She started at Children's Hospital with the parents of children who were afflicted with Sickle Cell Disease. She also served as a treasurer of Saint Mary Magdeline R.C. Church and then as treasurer of The Niagara Frontier Association for Sickle Cell - Buffalo Chapter(NFASC); and Whereas: Later, Susie would become a faithful member of the Women's Apostolic Committee at St. Benedict the Moor R.C. Church. In 1999, she became one of the founding members of the Woodlawn- Perkins Park Block Club starting out as a Vice President and then President, her current position; and Whereas: Susie is also on the Board of the Masten Block Club Coalition, The Community Block Club Council and is on the Board for the Gateway- Longview Family Support Center; and Whereas: Because of her activism and her 50 plus years of community service, she has received many awards and recognition; and Now, it Therefore Be Resolved: That the Common Council of the City of Buffalo hereby approves the instillation of a trailblazing sign at 385 Woodlawn Avenue proclaiming this portion of Woodlawn as "Susie M. Smith Way ". Be It Finally Resolved: That the department of Public Works is directed to erect these signs to this effect, once all fees associated with the posting of a Trailblazing Sign have been satisfied. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 98 SPONSOR: DEMONE A. SMITH CO- SPONSORS: RICHARD A. FONTANA. DARIUS G. PRIDGEN PILOT PROGRAM FOR 311 TO ACCEPT BUFFALO PUBLIC SCHOOL COMPLAINTS WHEREAS, In 2007, the City of Buffalo Division of Citizen Services began the process of researching, developing and implementing a thorough method to convert the Mayor's Call and Resolution Center to a 311 Call Center. The City of Buffalo 311 Call and Resolution Center has grown into a "one -stop shopping" center for residents, business owners and visitors to access all City of Buffalo services, city information and non - emergency police services; and WHEREAS, The benefits of the city -wide 311 initiative include improved customer service by standardized call taking policies and procedures and having information more readily available as appropriate to all City departments, the public and the business community, thus elevating the citizen's perception of the City's service delivery to "best of class" status; and WHEREAS, The Buffalo Public School System also has a point department to receive complaints regarding the delivery of the services it provides to the school children enrolled in the preschools, elementary and high schools in the City of Buffalo, as well as the principals and administrators at the number of schools; and WHEREAS, The City of Buffalo 311 Call and Resolution Center is well equipped to accept the complaints about its public schools and refer the caller to obtain information and assistance regarding concerns about a variety of matters including but not limited to: classroom learning, educational programs, conflicts in school, procedures of discipline or suspension, enrollment, attendance. PTO issues, food programs, transportation, and building maintenance; and WHEREAS, Implementation of a pilot program for 311 to accept Buffalo Public School complaints would serve as a major step to increase intergovernmental cooperation of shared services thus improving citizens' satisfaction while increasing efficiency and transparency. Following training and a trial period, review of the data will determine if this effort meets the desired goals. NOW, THEREFORE, BE IT RESOLVED, That the Common Council of the City of Buffalo supports the implementation of a Pilot Program for City of Buffalo 311 Call and Resolution Center to accept Buffalo Public School complaints for a trial period of eight months of the 2012 -2013 school year (September 20 t2 -April 2013 ), and after this exploratory period, the determination whether there is enough volume to necessitate the hiring of an additional complaint clerk for the 2013 -2014 city budget; and BE IT FURTHER RESOLVED, That a copy of this resolution be forwarded to Timothy Ball, Corporation Counsel; Oswaldo Mestre, Jr., Director of Citizen Services; Robert Kreutinger, Program Coordinator of the 311 Call and Resolution Center; Superintendent of the Buffalo Public Schools; Dr. Will Keresztes, Associate Superintendent; Joseph Agro, Coordinator of Communication and Community Relations; Carmen Milioto, Supervisor; and the Board of Education members for a response of comment regarding the feasibility of the implementation of this program. ADOPTED NO. 99 SPONSORS: DEMONE A. SMITH, ALL MEMBERS VACANT LOT AUCTION - AKA NEIGHBOR NEXT DOOR LOT AUCTION WHEREAS: The City of Buffalo holds public auctions to offer for sale those properties in its existing inventory deemed saleable; however, these auctions are held yearly and most times, are focused on the sale of usable properties; and WHEREAS: Many vacant lots in the city are landlocked and unable to support the building of new homes because they have less than 50 feet of frontage; and WHEREAS: Residents would like to purchase these "unbuildable" lots to be used primarily as yard space for their adjacent property; and WHEREAS: Creating a next door lot auction will assist in the elimination of abandoned or blighted properties, spur neighborhood reinvestment, save the City in maintenance costs, put vacant unusable properties back on tax rolls and build wealth within neighborhoods. Now, THEREFORE, BE IT RESOLVED: That the Common Council requests that the City of Buffalo Division of Real Estate conduct a landlocked vacant lot auction for vacant lots with less than 50 feet of frontage to be used as yard space or adjacent property enhancement for the adjacent property; and BE IT FINALLY RESOLVED: That copies of this resolution be sent to the City of Buffalo Division of Real Estate and the Department of Assessment and Taxation. ADOPTED RESOLVES, REMAINDER REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT BY: DEMONE A SMITH NO. 100 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. • Santos V. Diaz • Christopher P. Scanlon • Margaret Shea TOTALS ADOPTED NO. 101 ANNOUNCEMENT OF COMMITTEE MEETINGS The following meetings are scheduled. All meetings are held in the Common Council Chambers, 13 t floor City Hall, Buffalo, New York, unless otherwise noted. Regular Committees Committee on Civil Service Committee on Finance following Civil Service Committee on Comm. Dev. Committee on Legislation Tuesday, July 17, 2012 at 9:45 o'clock A.M. Tuesday, July 17, 2012 at 10:00 o'clock A.M. Tuesday, July 17, 2012 at 1:00 o'clock P.M. Tuesday, July 17, 2012 at 2:00 o'clock P.M. Special Committees Committee on Education Wednesday, July 11, 2012 at 11:00 o'clock A.M. (Public Disclaimer): All meeting 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 C� 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. 102 ADJOURNMENT On a motion by Mr. Smith, Seconded by Mr. Golombek the Council adjourned at 3:23 P.M. GERALD A. CHWALINSKI CITY CLERK July 10, 2012