HomeMy WebLinkAbout13-0108 (2)NO. 1
PROCEEDINGS
OF THE
CITY OF BUFFALO
JANUARY 8, 2013
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 January 8, 2013
FINAL
XA A vnu
MAYOR - EXECUTIVE
1.
Plan Bd -SEQR- Negative Declaration -766 East Amherst St(Univ)
R &F
2.
Plan Bd -SEQR- Negative Declaration -1455 Niagara St(Nia)
R &F
COMPTROLLER
3.
Comprehensive Annual Financial Report -FY Ending June 30, 2012
FIN
PUBLIC WORKS
4.
Change in Contract Ellicott St Phase I
APP
5.
Change in Contract LaSalle Park Skateplaza Master Plan Architectural &
APP
22.
Engineering Services
APP
6.
Change in Contract Museum of Science Mechanical Reconstr
APP
7.
Permission to Increase Contract Hatch Mott MacDonald Seneca Streetscape
APP
8.
Permission to Increase Consultant Contract Malcolm Pirnie, Inc /Arcadis
LEG
24.
South Basin Improvement Project
APP
9.
Reduction in Retention City -wide Mill & Overlay, Gr. #736A
APP
10.
Reduction in Retention Mill & Overlay of City Streets 2012, Gr #753A
APP
11.
Reduction in Retention Mill & Overlay of City Streets 2012, Gr #753B
APP
12.
Report of Bids Auto Impound(Dart St) Emergency Partial Roof Reconstr
APP
13.
Appoint Chief Pumping Plant Engineer(Perm)(5 Step)(Appenheimer)
CS
14.
Appoint Chief Pumping Plant Engineer(Perm)(5 Step)(Fatig)
CS
15.
Appoint Filtration Plant Maint. Supervisor I(Perm)(2 Step)(McCleary)
CS
PERMITS AND INSPECTIONS
32- 31.
16.
Food Store License Renewals
LEG
17.
Food Store (New) 1064 Sycamore(Fill)
APP
ADMINISTRATION AND FINANCE
18.
Appoint Sec to Comm of Admin & Fin(Exempt)(Brown)
CS
19.
Appoint Collection Officer(Bryant)(5 Step)(Perm)
CS
CITIZEN RIGHTS
20.
Response -A. Cole Concerns Rite Aid Truck Driver( #46, 12/26)
R &F
CITY CLERK
21.
Application for Restricted Use Permit- Downtown Ent Rev District -
75 W. Chippewa(Ell)(1 /18)
APP
22.
Application for Restricted Use Permit- Downtown Ent Rev District -
75 W. Chippewa(Ell)(2 /1)
LEG
23.
Application for Restircted Use Permit- Downtown Ent Rev District -
75 W. Chippewa (Ell)(2 /14)
LEG
24.
Liquor License Applications
R &F
25.
Appoint Sr. Legislative Assistant(Mulligan)
ADOPT
26.
Notices of Appointments - Council Interns
ADOPT
27.
Notices of Appointments- Mayors Program
R &F
28.
Notices of Appointment - Seasonal
R &F
29.
Notices of Appointments- Temp/Prov/Perm
CS
30.
D. Pridgen- Concerns Bail Bondsman Vehicles
LEG
MISCELLANEOUS
31- 30A D. Pridgen -N. Amigone,Esq Letter of Apology Re 3172 Bailey
LEG
32- 31.
D. Pridgen- Current Status of 500 Block of Main St. Properties
LEG
RESOLUTIONS
44- 31A LoCurto Perm to Hang Banners - "Labatt Blue Bflo Pond
Hockey Tournament"
APP
45-
32.
Pridgen
Public Safety Crosswalks
CD
46-
33.
Pridgen,etc
Sheehan Property and ECC Collaboration
CD
47-
34.
Smith
Waive Park Fees Assoc With Annual Tree Lighting Ceremony
ADOPT
48-
35.
Smith
Comm of Deeds Public Duties
ADOPT
49-
36.
Smith
Comm of Deeds
ADOPT
SUBMISSION LIST OF COMMITTEE ITEMS FOR THE COUNCIL MEETINGS
CIVIL SERVICE
33-
1.
Com 23
Dec 26
Appoint Account Clerk Typist(Perm)(Max)(Adams)(PW)
APP
34-
2.
Com 42
Dec 26
Notices of Appointments- Temp /Prow /Perm(Cty Clk)
R &F
35-
3.
Res 70
Dec 26
Salary and Wage Schedule K- Crossing Guards(Russell)
APP
COMMUNITY
DEVELOPMENT
43- 11. No 74 Oct 2
36-
4.
Com 4
Dec 26
Report of Sale -146 Maple(Ell)(Strat Plan)
APP
37-
5.
Com 5
Dec 26
Report of Sale -95 Spruce -119 Spruce(Ell)(Strat Plan)
APP
LEGISLATION
38- 6. No 48 Dec 26 H. Alshahen, Owner, Use 1926 Clinton to Establish a Merchandise /Food Store
Use in the Clinton Special Zoning District(hrg 1 /2)(Lov)
APP
39- 7. No 49 Dec 26
E. Sexto, Owner, Use 544 Niagara to Reestablish a Restaurant /Bakery in the
Niagara River Coastal Special Review District(Hrg 1 /2)(Ell)
APP
40- 8. No 50 Dec 26
W. Sabio, Owner, Use 1200 Hertel to Reestablish a Restaurant in the
Hertel
Ave Special District(Hrg 1 /2)(Del)
APP
41- 9. Com 2 Dec 26
Appoint Commissioner of A &F(Exempt)(Estrich)(Mayor)
APP
42- 10. Com 37 Dec 26
Lodging House -340 Elmwood(Nia)(EDPI)
APP
43- 11. No 74 Oct 2
Food Store License(New) 1902 Niagara (North)(EDPI)( 441, 7 /24)RECOMMIT
CORPORATION PROCEEDINGS
COMMON COUNCIL
CITY HALL - BUFFALO
TUESDAY, JANUARY 8, 2013
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 -
On a motion by Mr. Smith, Seconded by Mrs. Russell, the minutes of the stated meeting held on December 26, 2012 were approved.
FROM THE MAYOR
FROM THE MAYOR - EXECUTIVE DEPARTMENT
FROM THE CITY PLANNING BOARD
NO. 1
PLAN BD -SEQR- NEGATIVE DECLARATION -766 EAST AMHERST ST (UNIV)
SEQRA Notice of Determination
Non Significance
Negative Declaration
This notice is issued pursuant to Part 6t 7 of the implementing regulations pertaining to Article 8 SEQR - State Environmental Quality Review) of the
Environmental Conservation Law
Lead Agency: City of Buffalo Planning Board
Room 901, City Hall
69 Niagara Square
Buffalo New York 14202
As per the provisions of SEQR, the Lead Agency has reviewed the following action as it relates to the environment:
Action Title Parking Lot
Location: 700 East Amherst Street
Type of Action: uncoordinated- unlisted
Description: Eco Logic Studio on behalf of Buffalo Promise Neighborhood Early Childhood Education Center is proposing the construction of a
parking lot located at 766 East Amherst Street Buffalo New York. The vacant corner lot has been selected to provide off street parking for the soon
to be complete early childhood center. The neighborhood will have access to this lot when school is not in session. The lot will have 20 parking
spaces and also contain a bio- retention garden that will reduce the amount of storm water run -off that flows into the city sewer system as well as
provide the necessary landscaping requirement.
As a result of this Environmental Review the Lead Agency has determined the undertaking of this action will not have a significant adverse affect on
the quality of the environment. No further environmental review of this action will be conducted prior to project implementation and a Draft
Environmental Impact Statement will not be prepared
Reasons Supporting This Determination: The facts and reasons for this decision are as follows: The new parking lot will provide parking for the staff
and visitors to the new childcare center removing vehicles that would normally be parked on the street to the new parking area The identified
potential negative impacts appear to be primarily short -term site preparation and construction related activities, and do not appear to be significant in
magnitude or effect. There are no actions related to the construction of this project which will have a significant adverse impact on the environment.
For further information relative to this Negative Declaration contact Mr. Martin Grunzweig, Land Use Controls Coordinator. Room 901 City Hall,
Buffalo New York 14202 - 716 851 -5085
Dated: January 2, 2013
RECEIVED AND FILED
NO. 2
PLAN BD -SEQR- NEGATIVE DECLARATION -1455 NIAGARA ST(NIA)
SEQRA Notice of Determination
Non Significance
Negative Declaration
This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (SEQR - State Environmental Quality Review) of
the Environmental Conservation Law.
Lead Agency: City of Buffalo Planning Board
Room 901, City Hall
65 Niagara Square
Buffalo New York 14202
As par the provisions of SEQR, the Lead Agency has reviewed the following action as it relates to the environment:
Action Title Big Boys Toys
Location: 1455 Niagara Street
Type of Action: uncoordinated- unlisted
Description: Tommaso Briatico Architects on behalf of Big Boy Toys is proposing the construction of a parking lot located at 1455 Niagara Street,
Buffalo New York. The lot that is currently being used to Sell used cars is unpaved. The site is a former auto junkyard that was in business at this
location for many years (formally known a Buffalo Auto Wrecking). The new owner has cleaned up the site and building and is currently repairing
and selling vehicles. The city ordinance requires that a used car lot must be paved. A portion of the lot is paved however the proposed site plans is
not paved and the cars are being sold off an area that has no approval. The proposed project is to increase the paved area by 13,300 square feet
and direct the surface run off to the designated bio- retention type storm water receivers to prevent runoff into the City of Buffalo sewer system.
Landscaping will be added to the site.
As a result of this Environmental Review, the Lead Agency has determined the undertaking of this action will not have a significant adverse affect on
the quality of the environment. No further environmental review of this action will be conducted prior to project implementation and a Draft
Environmental Impact Statement will not be prepared
Reasons Supporting This Determination: The facts and reasons for this decision are as follows: The newly paved area will allow the owner to
continue to sell vehicles from the site as well as improve the water runoff situation that will result in an environmentally friendly process. The
identified potential negative impacts appear to be primarily short -term site preparation and construction related activities and do not appear to be
significant in magnitude or effect. There are no actions related to the construction of this project which will have a significant adverse impact on the
environment.
For further information relative to this Negative Declaration contact Mr. Martin Grunzweig, Land Use Controls Coordinator Room 901 City Hall
Buffalo New York 14202- 716 851 -5085
Dated: January 2, 2013
RECEIVED ARID FILED
NO. 3
COMPREHENSIVE ANNUAL FINANCIAL REPORT — FY ENDING JUNE 30, 2012
Copy available for review in the City Clerk's Office
REFERRED TO THE COMMITTEE ON FINANCE
FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS
NO. 4
CHANGE IN CONTRACT ELLICOTT ST PHASE I
Change in Contract Ellicott Street - Phase 1 Contract #93000735 PIN #5757.47 Ellicott District
Additional Reference: Contract #92011247 Ellicott Street- Phase 2 - PIN 5757.59
Contract Summary:
Contract Amount $716,090.00
+ Amount of change order (# 1) $183,229.00
Revised Contract Amount $899,319 00
City share of Change Order ( #1) - 10% or $18,322.90
1 hereby submit to your Honorable Body the following change for this contract. Foit Albert Associates is the Engineering Consultant for the Ellicott
Street Phase 1 and 2 Projects for the City of Buffalo.
The referenced project provided for the Construction Administration and Inspection of the Phase 1 project. This increase is needed to complete the
Construction Administration and Inspection of the project (through March 2013) and to provide the final contract documents for the Phase 2 project,
scheduled to begin in April 2013. This is a federally funded project and the funding breakdown is 80% Federal, 10% State and 10% City.
I certify that this increase is fair and equitable for the work involved. I respectfully request that your Honorable Body approve the subject change
order and authorize the Commissioner of Public Works, Parks and Streets to issue said increase for $183,229.00. Of this amount, 10% or
$18,322.90 is the City share of the change. The funds are available in Capital Project Accounts: 30335306, an account(s) to be named at a later
date.
Mr. Smith moved:
That the above item be, and the above communication from the Commissioner of Fire dated January 2, 2013, be received and filed; and
That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to execute Change Order #1 in the amount of
$183,229.00 (Original Contract Amount $716,090.00 + Change Order #1 $183,229.00 for a Revised Contract Amount of $899,319.00) for the
construction, administration and inspection of Phase 1 of the Elliott Street to Foit Albert Associates, C #93000735. This is a federally funded project
and the funding breakdown is 80% Federal, 10% State, and 10% City or $18,322.90. Funding is available in Capital Project Account 30335306 and
an account(s) to be named at a later date.
PASSED
AYES 9, NOES 0
NO. 6
CHANGE IN CONTRACT LASALLE PARK SKATEPLAZA MASTER PLAN
ARCHITECTURAL & ENGINEERING SERVICES
Change in Contract LaSalle Park Skateplaza Master Plan Architectural & Engineering Services Job # 1255 Ellicott District
PRIOR COUNCILREFERENCE: Item No. 78, CCP 05/01/12
1 hereby submit to Your Honorable Body the following changes for the Architectural & Engineering Services for LaSalle Park Skateplaza Master
Plan, New Line Skateparks, Inc., C #93001002.
These A & E services are necessary due to the project's unique planning, design and engineering considerations as well as the unique challenges
of bidding and managing specialized skatepark construction services in a region not particularly well known for this area of expertise.
1. Professional services required for administration andAdd $ 9,500.00
Inspection observation services for the construction
Of the LaSalle Park Skateplaza project.
The foregoing change results in a net increase in the contract of Nine Thousand Five Hundred and 00/100 Dollars ($9,500.00).
Summary: Original Contract Amount $ 24,600.00
Amount of This Change Order ( #1) $ 9,500.00
Revised Contract Amount $ 34,100.00
Costs have been reviewed by the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds are available in
34400206 445100 — Division of Buildings.
Mr. Smith moved:
That the above item be, and the above communication from the Commissioner of Fire dated January 2, 2013, be received and filed; and
That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to execute Change Order #1 in the amount of
$9,500.00 (Original Contract Amount $24,600.00 + Change Order #1 $9,500.00 for a Revised Contract Amount of $34,100.00) for the architectural
and engineering services for the LaSalle Park Skateplaza Mater Plan to New Line Skateparks, Inc., C #93001002. Funding is available in Account
34400206 445100 - Division of Buildings.
PASSED
AYES 9, NOES 0
NO. 6
CHANGE IN CONTRACT MUSEUM OF SCIENCE MECHANICAL RECONSTR
Change in Contract Museum of Science Mechanical Reconstruction Job #1233 Masten District
I hereby submit to Your Honorable Body the Following changes for the Museum of Science, Mechanical Reconstruction, Quackenbush Co., Inc. C
#93001020.
1. Furnish and install (4) bronze ball cone check valves Add $ 764.34
For Humidifiers #H -3, H -7 & H -12.
The foregoing change results in a net increase in the contract of Seven Hundred Sixty Four and 34/100 Dollars ($764.34).
Summary: Original Contract Amount $293,000.00
Amount of Change Order #1 $ 8,314.17
Amount of This Change Order ( #2) $ 764.34
Revised Contract Amount $302,078.51
1 certify that this increase is fair and equitable for the work involved and respectfully request that Your Honorable Body approve the subject change
order and authorize the Commissioner of Public Works, Parks & Streets to approve the change order. Funding for this change order is available in
35326106 445100 — Buildings.
Mr. Smith moved:
That the above item be, and the above communication from the Commissioner of Fire dated December 31, 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 #2 in the amount of $764.34
(Original Contract Amount $293,000.00 + Change Order #1 $8,314.17 + Change Order #2 $764.34 for a Revised Contract Amount of $302,078.51)
for the Museum of Science, mechanical reconstruction to Quackenbush Co., Inc., C #93001020. Funding is available in Account # 35326106
445100 - Buildings.
PASSED
AYES 9, NOES 0
NO. 7
PERMISSION TO INCREASE CONTRACT HATCH MOTT MACDONALD SENECA STREETSCAPE
Permission to Increase Contract Hatch Mott MacDonald Seneca Street Streetscape Contract #93000782 South District
Contract Summary
Contract Amt.: $141,600.00
Amt. of Change Order: $ 15,360.97
New Contract Amt.: $156,960.97
1 hereby submit to Your Honorable Body the following change for this contract. Hatch Mott MacDonald, is the construction inspection consultant for
the Seneca Street Streetscape Project for the City of Buffalo. The project included construction management and inspection of this project for the
City of Buffalo.
Due to utility conflicts, this project exceeded the allotted construction period. This increase is necessary to fund additional design, construction
management and inspection services for this project. This is a federally funded project. The funding is 80 % Federal, 15% State, and 5% City.
I respectfully certify that this increase is fair and equitable for the work involved, and request that your Your Honorable Body approve the subject
change order and authorize the Commissioner of Public Works, Parks and Streets to issue said increase for $15,360.97 Of this amount, 5% or
798.05 is the City's share of the change. The Federal and State portions (95 %) have already received approval. The funds are available in Capital
Projects account #31860006- 445600.
Mr. Smith moved:
That the above item be, and the above communication from the Commissioner of Public Works, Parks and Streets dated January 2, 2013, be
received and tiled; and
That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to execute Change Order #1 in the amount of
$15,360.97 (Current Contract Amount $141,600.00 + Changer Order #1 $15,360.97 for a total revised contract amount of $156,960.97) for the
Seneca Street Streetscape Project for the City of Buffalo to Hatch Mott MacDonald, C #93000782. Funds for the project are available in Capital
Projects Account #31860006- 445600.
PASSED
AYES 9, NOES 0
NO. 8
PERMISSION TO INCREASE CONSULTANT CONTRACT MALCOLM PIRNIE, INC /ARCADIS
SOUTH BASIN IMPROVEMENT PROJECT
I hereby submit to your Honorable Body the following change for this contract. Malcolm Pirnie, Inc. /Arcadis is the engineering consultant for South
Basin Improvement Project at the Filter Plant.
This increase is necessary for services related to additional construction administration (CA) and construction inspection (CI) of the presently
ongoing contract work for South Basin Improvement Project at the Filter Plant. The hourly wage rates are adjusted approximately 3% each year as
per the original contract agreement.
The additional work requires expanded on -site presence by Arcadis's inspection personnel and an increased involvement of Arcadis's engineering
personnel in the field during construction, effluent sluice gate operator failure, and resident inspection services during residuals processing and
management services, associated with the removal of residuals at the Colonel Ward Filtration Plant.
Original Contract Amount: $294,500.00
This Change order: $ 75,794.00
Total: $370,294.00
I certify that this increase is fair and equitable for the work involved and respectfully request that your Honorable Body approve the subject change
order and authorize the Commissioner of Public Works. Parks and Streets to issue said increase for $75,794.00. The funds will be available in
Division of Water accounts to be named at a later date.
Mr. Smith moved:
That the above item be, and the above communication from the Commissioner of Public Works, Parks and Streets dated December 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 #1 in the amount of
$75,794.00 (Current Contract Amount $294,500.00 + Changer Order #1 $75,794.00 for a total revised contract amount of $370,294.00) for the
South Basin Improvement Project at the Filter Plant to Malcolm Pirnie, Inc. /Arcadis, C #93000672. Funds for the project will be available in Division
of Water accounts to be named at a later date.
PASSED
AYES 9, NOES 0
NO. 9
REDUCTION IN RETENTION CITY -WIDE MILL & OVERLAY, GR. #736A
Destro Brothers Construction Company Inc. Contract #93000872
PRIOR COUNCIL REFERENCE: C.C.P. #27of 9/6/11
1 hereby submit to Your Honorable Body a request to reduce the retention for the above mentioned contract from 5% to 1 % and respectfully request
that Your Honorable Body approve this request.
The retention reduction is in consideration for the fact the contractor has completed resurfacing the 2012 list of streets in accordance with City
specifications and the consultant in charge has recommended acceptance of the work. Funds remain in the contract which will be used to resurface
streets in 2013 and DPW will withhold 5% retention until the work in complete and fully accepted by the Department.
The reduction represents work already completed and accepted by the Department. There are no outstanding claims or liens. This reduction is
being requested to keep the contract open to allow for the completion of this project.
Mr. Smith moved:
That the above communication from the Commissioner of Public Works, Parks and Streets dated January 2, 2013, be received and filed; and
That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to reduce the retention to 1 %
in Contract #9300872, City -wide Mill and Overlay, Gr. #736A.
PASSED
AYES 9, NOES 0
NO. 10
REDUCTION IN RETENTION MILL & OVERLAY OF CITY STREETS -2012, GR -#753A
Destro Brothers Construction Company Inc. Contract #93000956
1 hereby submit to Your Honorable Body a request to reduce the retention for the above mentioned contract from 5% to 1 % and respectfully request
that Your Honorable Body approve this request.
The retention reduction is in consideration for the fact the contractor has completed resurfacing the 2012 list of streets in accordance with City
specifications and the consultant in charge has recommended acceptance of the work. Funds remain in the contract which will be used to resurface
streets in 2013 and DPW will withhold 5% retention until the work in complete and fully accepted by the Department
The reduction represents work already completed and accepted by the Department. There are no outstanding claims or liens. This reduction is
being requested to keep the contract open to allow for the completion of this project.
Mr. Smith moved:
That the above communication from the Commissioner of Public Works, Parks and Streets dated January 2, 2013, be received and filed; and
That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to reduce the retention to 1 %
in Contract #93000956, Mill and Overlay of City Streets, Gr. #753A.
PASSED
AYES 9, NOES 0
NO. 11
REDUCTION IN RETENTION MILL & OVERLAY OF CITY STREETS- 2012, GR. #753B
Destro Brothers Construction Company Inc. Contract #93000988
1 hereby submit to Your Honorable Body a request to reduce the retention for the above mentioned contract from 5% to 1 % and respectfully request
that Your Honorable Body approve this request.
The retention reduction is in consideration for the fact the Contractor has completed resurfacing the 2012 list of streets in accordance with City
specifications and the consultant in charge has recommended acceptance of the work. Funds remain in the contract which will be used to resurface
streets in 2013 and DPW will withhold 5% retention until the work in complete and fully accepted by the Department.
The reduction represents work already completed and accepted by the Department. There are no outstanding claims or liens. This reduction is
being requested to keep the contract open to allow for the completion of this project.
Mr. Smith moved:
That the above communication from the Commissioner of Public Works, Parks and Streets dated January 2, 2013, be received and filed; and
That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to reduce the retention to 1 %
in Contract #93000988, Mill and Overlay of City Streets, Gr. #753B.
PASSED
AYES 9, NOES 0
NO. 12
REPORT OF BIDS AUTO IMPOUND (DART STREET) EMERGENCY PARTIAL ROOF RECONSTRUCTION
JOB #1288 NORTH DISTRICT
I asked for on December 17, 2012, and received the following emergency sealed bids for the Auto Impound (Dart Street), Emergency Partial Roof
Reconstruction, which were publicly opened and read on December 21, 2012.
Base Bid
Grove Roofing Services $66,600.00
131 Reading, Buffalo, NY
Weaver Metal & Roofing $68,800.00
40 Appenheimer, Buffalo NY
Jos. A. Sanders & Sons $71,959.00
P O Box 814, Buffalo, NY
Progressive Roofing $82,000.00
331 Grote, Buffalo, NY
Jameson Roofing Co. $100,430.00
3761 E. Lake, Dunkirk, NY
I hereby certify that the foregoing is a true and correct statement of all bids received and that Grove Roofing Services, with a bid of Sixty Six
Thousand Six Hundred and 00/100 Dollars ($66,600.00), is the lowest responsible bidder in accordance with the plans and specifications.
I recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to order on the basis of the lowest
responsible bid. Funding for this project is available in 35323106 445100 - Buildings.
Mr. Smith moved:
That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated January 2, 2013, 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
for the Auto Impound (Dart Street) emergency partial roof reconstruction to Grove Roofing Services in the amount of Sixty -Six Thousand Six
Hundred Dollars ($66,600.00). Funding for this project is available in Account 35323106 445100 - Buildings.
PASSED
AYES 9, NOES 0
NO. 13
APPOINT CHIEF PUPMING PLANT ENGINEER (PERM)(5 STEP)(APPENHEIMER)
Appointment effective 12/20/12 in the Department of Public Works, Parks & Streets, Division of Water, to the Position of Chief Pumping Plant
Engineer Permanent, Competitive, 5th Step Starting Salary of $50,755.
William Appenheimer, 22 Kail Street, Buffalo 14207
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NO. 14
APPOINT CHIEF PUPMING PLANT ENGINEER (PERM)(5 STEP)(FATIG)
Appointment effective 12/24/12 in the Department of Public Works, Parks & Streets, Division of Water, to the Position of Chief Pumping Plant
Engineer Permanent, Competitive, 5th Step Starting Salary of $50,755.
David Fatig, 234 Winston Rd. Buffalo 14216
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NO. 15
APPOINT FILTRATION PLANT MAINT. SUPERVISOR I (PERM)(2 STEP)(MCCLEARY)
Appointment effective 12/21/12 in the Department of Public Works, Parks & Streets, Division of Water, to the Position of Filtration Plant
Maintenance Supervisor I Permanent, Competitive, 2nd Step Starting Salary of $40,590.
Shaun McCleary, 201 Commonwealth Avenue, Buffalo 14216
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
a:l6]LTilr9:I 1.1-11161 0 1 14 :Kola x90 70 1 [6LTil lei C=kTl4116]:2kyil4 ref kit4:24NLTil11 ft?1
INSPECTION SERVICES
NO. 16
FOOD STORE LICENSE RENEWALS
Pursuant to Chapter 194 of the City of Buffalo Ordinances, specifically section 194 -7.1 "Procedure governing license renewals," attached find a list
of all Food Stores expiring on April 1, 2013.
As per Chapter 194 -7 on or before the first day of May, the Common Council shall notify this department, in writing, each license it believes requires
investigation by the Department prior to the license being renewed. Additionally, the Common Council shall also forward to this Department, any and
all information it deems pertinent to the investigation of the licensee.
James Comerford
Commissioner Permit & Inspection Services
REFERRD TO THE COMMITTEE ON LEGISLATION
NO. 17
FOOD SOTRE (NEW) 1064 SYCAMORE (FILL)
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 1064 Sycamore (Al Baraka Halal Meat Market /Zillur Rahman and Taslima Rahman) and find that as to form is correct. I have
caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports
from the Zoning Office, Fire Department, Building Inspections, Police Department and Collection Office I find it complies with all regulations and
other applicable laws. This request is submitted for your approval or whatever action you deem appropriate.
Mr. Smith moved:
That the above item be, and the above communication from the Department of Permits and Inspection Services, dated January 3, 2013, be received
and filed; and
That the Commissioner of Permits and Inspections Services is hereby authorized pursuant to Chapter 194 of the City Code to issue a Food Store
License to Zillur Rahman and Taslima Rahman d /b /a Al Baraka Halal Meat Market located at 1064 Sycamore.
PASSED
AYES 9. NOES 0
FROM THE COMMISSIONER OF ADMINISTRATION, FINANCE, POLICY &
URBAN AFFAIRS
NO. 18
APPOINT SECRETARY TO COMMISSIONER OF ADMINISTRATION AND FINANCE(EXEMPT)(BROWN)
Appointment effective 12/20/2012 in the Department of Administration and Finance, Division of Budget to the Position of Secretary to the
Commissioner of Administration and Finance, Exempt at the flat salary of $34,980.00
Phyllis Brown, 1235 Main St, Apt 213, Buffalo, NY 14209
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NO. 19
APPOINT COLLECTION OFFICER(PERM( ) STEP))(BRYANT)
Appointment effective 12/24/2012 in the Department of Administration, Finance & Urban Affairs, Division of Collections to the Position of Collections
Officer, Permanent at the 5 th step of $55,313.00
Carmen Bryant, 393 Herman St, Buffalo, NY 14211
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
FROM THE COMMISSION ON CITIZENS RIGHTS AND COMMUNITY
RELATIONS
NO. 20
"D. PRIDGEN - A. COLE - CONCERNS RITE AID TRUCK DRIVERS"
(#46 C.C.P. DEC. 26, 2012)
Dear Mr. Jaskula:
I have reviewed the above mentioned item which was referred to my department for a response.
As you know, my office handles allegations of discrimination and assists citizens in the filing of complaints against Buffalo Police officers for alleged
misconduct. Ms. Cole's complaints, as described in her letter to Council Member Pridgen, do not rise to either level.
With regard to Ms. Cole's question regarding proper policy and protocol when filing a complaint with the Buffalo Police, it is at the attending officer's
discretion and depending on the circumstances as to what action will be taken. If a citizen is not happy with the officer's decision, he /she may then
go to the district for further assistance. If that outcome is not satisfactory, my office is more than willing to help as well as the Internal Affairs Division
of the Buffalo Police Department.
If you need more information, please do not hesitate to contact my office. Thanks you.
RECEIVED AND FILED
FROM THE CITY CLERK
NO. 21
APPLICATION FOR RESTRICTED USE PERMIT -75 W. CHIPPEWA(1 /18/2013)
Item available for review in the City Clerk's Office
Mr. Smith moved:
That the above item be, and the above communication the Office of the City Clerk of Buffalo dated January 8, 2013, be received and filed
and
That the application for a restricted use permit in the downtown entertainment review district to permit entry of patrons under the age of 21 where
alcohol is served is approved upon the following conditions:
All patrons under the age of 21 will have black Xs on both hands
• All patrons age 21 and over will have a wristband indicating that they are 21 and /or over
• Eighteen (18) staff members will be on duty to ensure the safety mad wellbeing of all
patrons
• Licensed security will be patrolling the venue at all times
• A one drink per wristband policy will be in effect
PASSED
AYES -9 NOES -0
NO. 22
APPLICATION FOR RESTRICTED USE PERMIT -75 W. CHIPPEWA(02 /01/2013)
Item available for review in the City Clerk's Office
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 23
APPLICATION FOR RESTRICTED USE PERMIT -75 W. CHIPPEWA(02 /01/2013)
Item available for review in the City Clerk's Office
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 24
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
30 Mississippi St Center Stage Comedy Buffalo LLC Center Stage Comedy Bflo
943 Kensington Avenue The Fountain Blue Royal Entertainment LLC
517 Washington St Impulse Impulse 517 LLC
346 Connecticut Street Martin Cooks Martin Cooks LLC
1206 Hertel Avenue Canvas@ 1206 Mozaiqe Holdings LLC
RECEIVED AND FILED
NO. 25
APPOINT SENIOR LEGISLATIVE ASSISTANT TO COMMON COUNCIL MEMBER NIAGARA DISTRICT
Appointment effective December 24, 2012 in the Department of Common Council, Division of Niagara District to the position of Senior Legislative
Assistant, Unclassified at the flat salary of $46,083.00
Sean M. Mulligan, 23 Livingston St Apt 1, Buffalo, NY 14213
ADOPT
NO. 26
NOTICES OF APPOINTMENTS - COUNCIL INTERNS
I TRANSMIT HEREWITH APPOINTMENTS TO THE POSITION OF COUNCIL INTERN.
Mr. Smith moved the approval of the appointments to the position of Council Intern.
ADOPTED.
CERTIFICATE OF APPOINTMENT
Appointment Effective December 24. 2012 in the Department of Common Council, Division of City Clerk to the Position of Intern IX, Unclassified at
the Flat Salary of $12.06/hr
Alexander Cornwell, 159 Colvin Avenue, Buffalo, NY 14216
NO. 27
APPOINTMENTS - MAYOR'S YOUTH OPPORTUNITY & EMPLOYMENT
I transmit herewith appointments made in the Mayor's Youth Opportunities and Employments Programs.
RECEIVED AND FILED.
CERTIFICATE OF APPOINTMENT
Appointment effective January 2, 2013 in the Department of Executive, Division of Mayor to the Position of Intern IX, Unclassified at the Hourly
Salary of $12.06/Hr
Ada Hopson - Clemons, 56 Courtland Avenue, Buffalo, NY 14215
NO. 28
NOTICES OF APPOINTMENTS - SEASONAL /FLAT
I transmit herewith certificates received by me, reporting seasonal and fiat salary appointments made in various departments.
RECEIVED AND FILED.
CERTIFICATE OF APPOINTMENT
Appointment effective 12/26/2012 in the Department of Public Works, Parks and Streets, Division of Parks to the position of Laborer II, Seasonal,
Non Competitive to the Position of Laborer II, Seasonal at the Flat Salary of $12.06/hr
Michael Norwood, 145 Hastings Ave, Buffalo, NY 14215
NO. 29
APPOINTMENTS - TEMPORARY, PROVISIONAL OR PERMANENT
I transmit herewith Appointments in the various departments made at the Minimum (Temporary, Provisional or Permanent) (as per contract
requirements).
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
CERTIFICATE OF APPOINTMENT
Appointment effective 12/26/2012 in the Department of Public Works, Parks and Streets, Division of Buildings to the Position of Sr. 1 sc Class
Stationary Engineer, Temporary at the Flat Salary of $15.00 /hr
Michael Moffett, 60 Tuscarora Rd, Buffalo, NY 14220
CERTIFICATE OF APPOINTMENT
Appointment effective 12/24/2012 in the Department of Public Works, Parks and Streets, Division of Parks to the Position of Park Utility Worker,
Provisional at the minimum Salary of $23,169.00
Christopher Simmons, 606 Kensington Ave, Buffalo, NY 14214
CERTIFICATE OF APPOINTMENT
Appointment effective 01/07/2013 in the Department of Police, Division of Detective Bureau to the Position of Crime Scene Technician, Permanent
Appointment at the Minimum Salary of $47,960.00
Maria C. Esquilin, 34 West Avenue, Buffalo, NY 14201
NON - OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES
NON - OFFICIAL COMMUNICATIONS
30
D. PRIDGEN -BAIL BONDSMAN VEHICLES
Please file the attached for the next regularly scheduled Common Council meeting.
The attached is yet another complaint concerning bail bondsman vehicles parked in the front of the Buffalo City Court building, the entire day. It is
my opinion that the front of the court should be reserved for official vehicles, thus increasing the security of the occupants of the court building..
Further I have included an article published in The Justice System Journal titled "The Evolving Concept of Court Security ". Please take note of the
underlined items on the second page of the article which mentions the concern of parking in the proximity of court buildings. The article may be
found online at http: / /cdml6501.contentdm.ocic.org /cdrn/ ref /collectiordfacilities /id /89.
Sincerely,
Darius G.
Ellicott District Councilmember
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 31
D. PRIDGEN -N. AMIGONE, ESQ- LETTER OF APOLOGY RE 3172 BAILEY AVE
Attached please find a letter of explanation from Nicholas P. Amigone, Esq. addressing an issue that occurred during the last Buffalo
Common Council Legislative meeting.
Hon. Darius Pridgen
Chairman Legislation Committee
1410 City Hail
Buffalo, New York 14202
RE: 3172 Barley Avenue, Buffalo, New York
Dear Chairman Pridgen:
I appeared before your Committee on January 2, 2013 on behalf of our client, Buffalo Sunrise Express Market, Inc., and its principal, Saleh M. Nagi,
relative to its application for a food store license for the premises at 3172 Bailey Avenue, Buffalo, New York.
Regrettably, some misinformation was communicated to the body at that time relative to merchandise that may or may not have been placed on the
shelves of the store prior to its opening.
Mr. Nagi brought a developed set of photographs to my office which I interpreted to be taken at the storefront which he has rented at 3172 Bailey
Avenue. It turns out that Mr. Nagi's son took the photographs and had them developed. While the empty shelving and glass coolers depicted in the
photographs were, in fact, taken in the store, I now know that the grocery- filled shelves were not.
Obviously, and clearly, I was under the mistaken impression that all of them were taken at the 3172 Bailey location. Based upon my mistaken
conclusion, I made a misrepresentation to your Committee. Naturally, I am very embarrassed by this inadvertent error, and I sincerely apologize to
you and the other members of the Committee.
It appears that when the photos were developed, Mr. Nagi brought them to my office without segregating the empty storefront photos from the
grocery store photos. I foolishly believed that he had purchased some non - perishable groceries in anticipation of opening. I should have inquired
further, but did not, and this was my mistake.
For the record, ! have practiced law in this community- for 38 years and have never willfully misrepresented a fact in issue before a court or an
administrative body. I take great pride in my ethical posture and my professional reputation. I certainly did not know the realities of the photographs
prior to our appearance, but again, I blame myself for not examining them more carefully and /or making more detailed inquiry.
My inability to fully and completely communicate with my client and for him to communicate with me because of the language issue may have
contributed to the misinterpretation, but that is really no excuse.
Bottom line, I want you and every other member of your Committee to know that I did not intentionally misrepresent a fact in furtherance of my
client's position.
After the hearing, Mr. Nagi explained to me that his son had taken photographs on the same roll at two different locations. Certainly, I would have
preferred to have had that knowledge prior to the hearing, not subsequent to it, but that is water over the dam now. Instead of separating the
photographs, he brought me the entire roll, which I mistakenly believed to exclusively depict the storefront at 3172 Bailey Avenue.
In conclusion, I submit that my error was the consequence of poor communication between Mr. Nagi and myself, and clearly not an intentional act of
deceit on his or my part. Frankly, he was unaware that the "bad" photos had been grouped in with the "good ". Again, ultimately, I should have
pressed on in my due diligence to avoid this embarrassing situation.
I sincerely apologize to you and the Committee for this egregious error, and further ask that the Committee consider Mr. Nagi's application separate
and apart from the photo snafu.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 32
D. PRIDGEN- CURRENT STATUS OF 500 BLOCK OF MAIN ST. PROPERTIES
Please file for the next scheduled Council meeting. This is an update on the resolution I previously filed with the Council outlining a plan of action to
address the absentee landlords and blight of the 500 block of Main Street. Collaboration between current building owners, businesses, inspections,
The Mayor's office and other city agencies has led to some of the properties being sold, some of the landlords being fined, and other landlords
addressing the issues of their buildings. The City of Buffalo office of Permits and Inspection has been professional, aggressive and diligent in this
effort. The teamwork of all of the various departments, owners and agencies is resulting in a positive change for the 500 block of Main Street.
HERE ARE THE MOST CURENT HISTORY /STATUS FOR THE 500 BLOCK OF MAIN STREET PROPERTIES
529 MAIN ST
SUMMONS 8/15/11
RETURNED 12/13/12
OPEN ACTIVE CASE
WIP
535 MAIN ST
SUMMONS
RETURNED 7/24/12 FINED $ 7,500.00 VACATED 7/24/12 NEW OWNER
537 MAIN ST
SUMMONS 8/16/11
RETURNED 1/3/12 FINED $10,000.00 1/3/12
NEW OWNER PERMITS FILED WIP
5 -7 GENESEE
SUMMONS 2/15/12
RETURNED 5/29/12 FINED $18,000.00 IMMEDIATE JUDGEMENT
RETURNED7 /12/12 FINED $12,000.00 IMMEDIATE JUDGEMENT
9GENESEE
SUMMONS3 /28/12
RETURNED 11/8/12
NEW OWNER PERMIT FILED WIP
FINES PENDING TO OLD OWNER
PROPERTY MANY TRANSFER AGAIN
ALL CASES OPEN AND ACTIVE AS OF 12/20/12
REFERRED TO THE COMMITTEE ON LEGISLATION.
REGULAR COMMITTEES
CIVIL SERVICE
(BONNIE E. RUSSELL, CHAIRPERSON)
NO. 33
APPOINT ACCOUNT CLERK TYPIST(PERM)(MAX)(ADAMS)(PW))
CCP #22, 12/26
Mrs. Russell moved
That Communication 23 of December 26,20t2, be received and Filed and that the Permanent appointment of Stella Adams, 93 Montclair Ave,
Buffalo, NY 14215 at the Maximum Salary of $ 35,127.00 is hereby approved
PASSED
AYES -9 NOES -0
NO. 34
NOTICES OF APPOINTMENTS - TEMP /PROV /PENN CCP#42, 12/26(CTY CLK)
Mrs. Russell moved
That the above item be the same and hereby is Received and Filed
ADOPTED
NO. 35
SALARY AND WAGE SCHEDULE K- CROSSING GUARDS(RUSSELL)
CCP #70, 12/26
Mrs. Russell moved
That Communication 70 of December 26, 2012, be received and Filed and that the Salary and Wage Schedule K. for Crossing Guards is Hereby
Approved.
PASSED
AYES -9 NOES -0
COMMUNITY DEVELOPMENT
(JOSEPH GOLOMBEK, JR., CHAIRMAN)
NO. 36
REPORT OF SALE - 146 MAPLE (ELL)(STRAT PLAN)
(ITEM NO. 4, C.C.P., DEC. 26, 2012)
Mr. Golombek moved:
That the above item be, and the same hereby is returned to the Common Council with a recommendation for approval;
That the offer from Mr. Vincent L. Vines, 750 Virginia Street, Buffalo, New York 14204, in the amount of One Thousand Four Hundred Dollars
($1,400.00) for the purchase of 146 Maple, 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. 37
REPORT OF SALE - 95 SPRUCE AND 119 SPRUCE (EI1)(STRAT PLAN)
(ITEM NO. 5, C.C.P., DEC. 26, 2012)
Mr. Golombek moved:
That the above item be, and the same hereby is returned to the Common Council with a recommendation for approval;
That the offer from Mr. Thomas H. Burton, President of Tatanka Development Company, Inc., 403 Main Street, Suite 716, Buffalo, New York 14203,
in the amount of Two Thousand Nine Hundred Dollars ($2,900.00) for the purchase of 95 Spruce and 119 Spruce, 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
LEGISLATION
(DARIUS G. PRIDGEN, CHAIRMAN)
NO. 38
H. ALSHAHEN, OWNER, USE 1926 CLINTON TO ESTABLISH A MERCHANDISE /FOOD STORE USE
(LOV)(EDPI)
(ITEM NO. 48, C.C.P., DEC. 26, 2012)
Mr. Pridgen moved:
That the above item be, and the same and hereby is returned to the Common Council with a recommendation for approval;
That the Common Council hereby authorizes the Commissioner of Permits and Inspections Services, pursuant to Section 511 -68.4 of the City
Code, to issue a Restricted Use Permit to H. Alshaher, Owner, of 1936 Clinton Street to establish a merchandise /food store in the Clinton Street
Special Zoning District.
PASSED
AYES -9 NOES -0
NO. 39
E. SEXTO, OWNER, TO USE 644 NIAGARA TO REESTABLISH A RESTAURANT /BAKERY IN THE NIAGARA RIVER COASTAL SPECIAL
ZONING REVIEW DISTRICT (NIA)((EDPIS) (ITEM NO. 49, C.C.P., DEC. 26, 2012)
Mr. Pridgen moved:
That the above item be, and the same hereby is returned to the Common Council without recommendation for approval;
That the Common Council hereby approves the application of E. Sexto, Owner of 544 Niagara to reestablish a restaurant /bakery
in the Niagara River Coastal Special Zoning District.
PASSED
AYES -9 NOES -0
NO. 40
W. SABIO, OWNER, TO USE 1200 HERTEL TO REESTABLISH A RESTAURANT IN THE HERTEL AVENUE
SPECIAL DISTRICT (DEL)((EDPIS)
(ITEM NO. 60, C.C.P., DEC. 26, 2012)
Mr. Pridgen moved:
That the above item be, and the same hereby is returned to the Common Council with a recommendation for approval;
That the Common Council hereby approves the application of W. Sabio, Owner of 1200 Hertel Avenue, to reestablish a restaurant in the Hertel
Avenue Coastal Special
PASSED
AYES -9 NOES -0
NO. 41
APPOINTMENT COMMISSIONER OF ADMINISTRATION, FINANCE, POLICY AND URBAN AFFAIRS
(ITEM NO. 2, C.C.P., DEC. 26, 2012)
Mr. Pridgen moved:
That the above item be, and the same hereby is returned to the Common Council with a recommendation for approval;
That the Common Council hereby confirms the appointment of Donna Estrich as Commissioner of Administration, Finance, Policy and Urban
Affairs.
PASSED
AYES -9 NOES -0
NO. 42
LODGING HOUSE LICENSE - 340 ELMWOOD AVENUE (NIA)(EDPIS)
(ITEM NO. 37, C.C.P., DEC. 26, 2012)
Mr. Pridgen moved:
That the above communication be, and the same hereby is returned to the Common - Council with a recommendation for approval,
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 Lodging House License to Adrian Jessome d /b /a 340 Elmwood Ave LLC located at 340 Elmwood Avenue.
PASSED
AYES -9 NOES -0
NO. 43
FOOD STORE LICENSE (NEW) - 1902 NIAGARA (NORTH)(EDPI)
(ITEM NO. 74, C.C.P., OCT. 2, 2012)
Mr. Pridgen moved:
That the above item be, and the same hereby is returned to the Common Council without recommendation
Mr. Pridgen moved that the above item be recommitted to the Committee on Legislation
ADOPTED
RESOLUTION
NO. 44
SPONSOR: MICHAEL J. LOCURTO
PERMISSION TO HANG "LABATT BLUE BUFFALO POND HOCKEY TOURNAMENT" BANNERS.
Whereas Labatt Blue is once again hosting the 6th annual Labatt Blue Buffalo Pond Hockey Tournament at the Erie Basin Marina on Saturday, Feb.
9, 2013; and
Whereas Representatives have requested permission to hang banners throughout the City of Buffalo, across such streets as Elmwood Ave. and
Hertel Ave., from the week of January 14, 2013 through the end of February 2013 in celebration of this event; and
Whereas Labatt Blue and their representatives are familiar with the banner requirements and will purchase the necessary bond before the banner is
installed;
Now Therefore Be It Resolved:
That the Common Council does hereby grant permission to Labatt Blue to hang banners celebrating their "Labatt Blue Buffalo Pond Hockey
Tournament' across various streets throughout the City of Buffalo from the week of January 14, 2013 through the end of February 2013 providing
the banner meets the requirements of all pertinent City Departments and ensures that no existing laws or ordinances are violated.
PASSED
AYES -9 NOES -0
NO.46
BY: DARIUS G. PRIDGEN, ELLICOTT DISTRICT COUNCILMEMBER
RE: PUBLIC SAFETY CROSSWALKS
Whereas Worldwide, pedestrians account for about two - thirds of the 1.2 million people killed in auto accidents. Most modern automobiles are
replete with a wide variety of safety features: seat belts, crumble zones, airbags, etc. Unfortunately, pedestrians have no such safety features. There
is nothing that can protect them from sustaining the full brunt of the force of a car accident, thus the incredible importance of crosswalks; and
Whereas Some of the most important statistics concerning pedestrian - automobile accidents, according to records kept by the National Highway
Traffic Association, there were 180,000 deaths in the United States between the years 1975 and 2005. According to the same records, an average
of 5,000 people die in this country every year because of such accidents; and
Whereas Approximately 12% of automobile fatalities are pedestrians. Every eight minutes a pedestrian is injured in an automobile accident. About
once every two hours a pedestrian dies in a traffic accident, in 2002, over 40% of the pedestrian fatalities involved roads without crosswalks. This
particular statistic highlights the importance of warning motorists about the presence of pedestrians, so that they can avoid them; and
Whereas In 2003, nearly three out of every four pedestrian accidents occurred at non - intersections. This statistic shows how dangerous jaywalking
is. Motorists know to look out for pedestrians in crosswalks and at intersections. When pedestrians cross in the middle of the street, they put
themselves in danger; and
Whereas Preliminary reports from the Governors Highway Safety Association from 2010 stated in 2009, 42% of the nation's pedestrian fatalities
occurred in four states with 300 or more: California, Florida, Texas and New York; and
Whereas Most pedestrian crashes occur on the roadway. The roadway is shared space, used mainly by motor vehicles but also used by
pedestrians. Pedestrian safety countermeasures seek to prevent pedestrians and motor vehicles from attempting to use the same roadway space at
the same time because if they do the pedestrian will lose; and
Now Therefore Be It Resolved;
That the City of Buffalo Common Council requests the Administration analyze data within the City of Buffalo to identify the 10 major intersections
with high vehicular and pedestrian traffic; and to post signage at these intersections reminding motorists of the fine for not yielding the crosswalk to
pedestrians; and
Now Therefore Be It Further Resolved;
That this resolution be forwarded to City of Buffalo Mayor Byron W. Brown, Law Department, Strategic Planning, Department of Public Works,
Buffalo Police Department, Parking Enforcement, and the Bicycle /Pedestrian Advisory Board
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT
NO. 46
SPONSORED BY: DARIUS G. PRIDGEN, ELLICOTT DISTRICT COUNCILMEMBER
CO SPONSOR MR GOLOMBEK
SHEEHAN PROPERTY AND ECC COLLABORATION
Whereas Since December 5, 2012, when a McGuire Development Company affiliated entity took title to the property located at 425 Michigan
Avenue in the City of Buffalo, they have been working with community leaders, the Western New York delegation, the Regional Economic
Development Council, and members of the Michigan Avenue community to create a new vision and mission for this critical property; and
WHEREAS: Their vision is to create a center of excellence under the STEM model - Science, Technology, Engineering, and Mathematics, with a
particular focus on the Life Sciences; and
WHEREAS: More specifically, they understand that it is in the best interests of this community to focus on job creation, job training, job placement
and clinical services, within this sector; and
WHEREAS: This property is uniquely situated at the apex of the Buffalo Niagara Medical Campus, Erie Community College, Pierce Arrow Museum,
Larkinville, and Downtown Buffalo; and
WHEREAS: This ideal location, includes the development of programming that is supportive to the growth and success of the Medical Campus;
and
Now, Therefore Be it Resolved:
That one of the best partnerships for success in this venture is through the development of medical programs with Erie Community College.
Programs like medical assistant training, dental assistant training, phlebotomy training, durable medical goods technician training, and other
engineering and medical services support staff training.
Be it Further Resolved that:
Locating these programs at the Sheehan property will facilitate hands -on learning opportunities with the professionals undergoing training on the
Medical Campus to create comprehensive growth in the City of Buffalo.
Be it Finally Resolved:
That a copy of this resolution be forwarded to McGuire Development Company and Erie Community College Board of Trustees for a response
regarding the of the implementation of this program.
REFERRED TO THE COMNITTEE ON COMMUNITY DEVELOPNENT.
NO. 47
SPONSOR: DEMONE SMITH
WAIVE PARK FEES ASSOCIATED WITH ANNUAL TREE LIGHTING CEREMONY
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 2 nd Annual Tree Lighting will be held on Saturday, December 15, 2012 in Martin Luther King, Jr. Park; and
WHEREAS: This is a free community event.
NOW, THEREFORE, BE IT RESOLVED:
That the Common Council of the City of Buffalo waives the Park fee for the 2 nd Annual Tree Lighting Ceremony.
BE IT FURTHER RESOLVED:
That the City Clerk forward a copy of this resolution to the Commissioner of the Department of Public Works, Parks, and Streets.
Majority Leader Master District Council Member
ADOPTED
NO. 48
BY: DEMONE A SMITH
APPOINTMENTS COMMISSIONERS OF DEEDS REQUIRED FOR THE PROPER PERFORMANCE OF PUBLIC DUTIES
That the following person(s) are hereby appointed as Commissioner of Deeds for the term ending December 31,2014, conditional upon the persons
so appointe certifying under oath to their qualifications and filing same with the City of Buffalo.
SEE ATTACHED LIST
Berzon, Hilary S.
Bienkowski, Gary A.
Cook, Shaft, L.
Didio, Charles G.
Dandy, Alexander J.
Fiorella, Judith M,
Foley, Andrea
Franklin, Janell
Germain, Richard
Graef, Christina M.
Harris, Patricia
Hoffarth, Angela
Kendt, Paul
King, Renee M.
Kowalyk, Adam A.
LaMacchia, Marian
Loos, Christine M.
Machelor, Randolf
Maraschiello, Lisa
Martin Jr., David J.
Martin, Denise
Murphy, Nicole R.
Parobek, Stephanie L.
Pratt, David W.
Provenzo, Craig S.
Puglisi, Josie M.
Rivera, Miquelina
Pdvera, Roslyn C.
Slawiak, Matthew
Solomon, Sandra E.
Wayne, Valencia M.
Weiss, Alyssa
Ziolkowski, Mary J.
Total: 33
ADOPTED
NO. 49
BY: DEMONE A SMITH
APPOINTMENTS COMMISSIONER OF DEEDS
That the following person(s) are hereby appointed as Commissioner of Deeds for the term ending December 31, 2014, conditional, upon the person
so appointed certifying under oath to their qualifications and filing same with the City Clerk:
Grober, Robert M.
Marinelli, Lynn M.
McCracken, Terrence D.
Munson - Ellis, Abraham C.L.
TOTAL:4
ADOPTED
NO. 50
ANNOUNCEMENT OF COMMITTEE MEETINGS
The following meetings are scheduled. All meetings are held in the Common Council
Chambers, 13 floor City Hall, Buffalo, New York, unless otherwise noted.
Regular Committees
Committee on Civil Service Tuesday, January 15, 2013 at 9:45 o'clock A.M.
Committee on Finance Tuesday, January 15, 2013 at 10:00 o'clock AM
following Civil Service
Committee on Comm. Dev. Tuesday, January 15, 2013 at 1:00 o'clock P.M.
Committee on Legislation Tuesday, January 15, 2013 at 2:00 o'clock P.M.
(Public Disclaimer): All meetings are subject to change and cancellation by the respective Chairmen of Council Committees. In the event that there
is sufficient time given for notification, it will be provided. In addition, there may be meetings set up whereby the City Clerk's Office is not made
aware: therefore, unless we receive notice from the respective Chairmen, we can only make notification of what we are made aware.
NO. 51
ADJOURNMENT
On a motion by Mr. Smith, Seconded by Mrs. Russell, the Council adjourned at 2:41 PM
GERALD A. CHWALINSKI
CITY CLERK