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Home My WebLink About13-0528NO. 11 PROCEEDINGS OF THE CITY OF BUFFALO MAY 28, 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 May 28, 2013 FINAL CORRECTED MAYOR MAYOR - EXECUTIVE 1. Plan Bd -SEQR Negative Declaration -9 Genesee St(Ell) R &F 2. Plan Bd -SEQR Negative Declaration -1631 Hertel Ave aka 1607 Hertel(Del) R &F COMPTROLLER 3. Interfund Cash Loan - Efficiency Incentives FY 2009 APP ASSESSMENT 4. Appoint Principal Assessor(Prov) (4 Step) (Garozzo- Payne) CS MANAGEMENT INFORMATION SYSTEMS 5. Appoint Supervisor Data Proc Operations(Temp)(5 Step)(D. Springer) CS 6. Appoint System Support Specialist(Temp)(4 step)(P. Springer) CS PUBLIC WORKS 7. Notification Serial #10668 -10675 (waive 45 days) R &F 8. Approval of Receipt of Grants Alleyway Theater 664 Main /App for COB to File 5yr Grant /App For City to be Responsible for Possible "Claw- Back" APP 9. Permission to Accept Funds from NYS CHIPS APP 10. Permission to Engage Service of Consulting Engr for Design Services Parkside Comm Traffic Study APP 11- 10A Permission to Enter into Funding Agmt -ECHDC and NYSDOT Ohio St and Inner Harbor Infrastructure Imp(Fill) APP 12- 11. Permission to Increase Contract Northeast Diversification Inc Mulroy Pk(South) APP 13- 12. Permission to Increase Contract TVGA Consultants -Fruit Belt Redev of Carlton St(Ell) - APP 14- 13. Permission to Increase Contract URS Corp -Outer Harbor Trail Ph 2(Fill /South) APP 15- 14. Permission to Increase Consultant Contract Siemens Industry-High Service Pumping Imp. At Filter Plant APP 16- 15. Trade in Vehicles(Water) FIN 17- 16. Appoint Caulker(Perm)(5" Step)(Crumpley) CS PERMITS AND INSPECTIONS 18- 17. Mobile Food Truck -9 Mark Ave(Hamburg) APP 19- 18. Response Application for Restricted Use Permits 67 W. Chippewa aka 75 W. Chippewa -June 14,28 2013 July 12,26 2013 APP 20- 19. Second Hand Dealer -1175 Hertel (aka 1183)(Del) LEG 21- 20. Second Hand Dealer 1994 Seneca(aka 1996)(South) LEG 22- 21. Used Car Dealer 7 Grant St(Nia) APP CITY CLERK 23- 22. Liquor License Applications R &F 24- 23. Leaves of Absence R &F 25- 23A Leave of Absence R &F 26- 24. Notices of Appointments- Temp /Prov /Perm CS MISCELLANEOUS 27- 25. Buffalo Water Board Monthly Report -April 2013 R &F 28- 25A. C. Griesbaum -Water Lines on Roberts Avenue LEG 29- 26. D. Pridgen -M. D'Amico- Request to Speak at Next CD Meeting Re Use of Parks CD 30- 27. P. Wolf- Concerns Re FOIL Requests R &F PETITIONS 31- 28. K. Fawcett, Agent, Use 478 Elmwood aka 480 Elmwood Alteration of an Existing Rest in the Elmwood Ave Special Zoning District(hrng6 /4) LEG,CPBD 32- 29. A. Carrubba, Owner, Use 1669 Hertel to Expand an Existing Restaurant in the Hertel Avenue Special Zoning District(Del)(hrg 6/4) LEG,CPBD 33- 30. R. Stoddard, Agent, Use 245 Abbott Rd to Place an Outdoor Patio in the City ROW in the Abbott Rd Special Zoning District(South)(hrg 6/4) LEG,CPBD 34- 31. D. Ehlenfield, Agent, Use 556 Franklin to Erect Ground Sign on Private Property (Fill)(hrg 6/4) LEG,CPBD 35- 32. D. Ehlenfield, Agent, Use 564 Franklin to Erect Two Accessory Ground Signs on Private Property(Fill)(hrg 6/4) LEG,CPBD 36- 33. W. Egloff, Owner, Use 1006 Elmwood -Alter of Use to an Existing Bakery to Include Sit -Down Rest W /Outdoor Cafe (Del)(hrg 6/4) LEG,CPBD 37- 34. C. Paladino, Owner, Use 960 Busti for an LED Wall Sign (Nia)(no pub hrg) LEG,CPBD, ZONING 38- 34A. P. Strada, Agent, Use 396 Kenmore, For Freestanding Sign(no hrg)(Univ) APP W /COND 39- 35. S. Grnew & O- Oppose Opening 2 nd Corner Store on Corner of Tonawanda and Vulcan St.(Refer to Town /Ton Clerk & Council) R &F RESOLUTIONS 64- 36. FranczykProtect Ornamental Landscaped Gardens CD 65- 37. FranczykThe 56 Annual Allentown Art Festival APP 66- 38. LoCurto Waive Permit Fees for St. Joseph University Fun Day APP 67- 39. LoCurto Waive Permit Fees for the Wisteria School of Bflo's May Fair Festival APP 68- 40. Pridgen Crime Prevention in Rental Units ADOPT RES'S REM LEG 69- 40A. Pridgen Waive Permit Fee for Maritime Charter School APP 70- 41. Russell Waive Permit Fee for St. Joe's School Picnic APP 71- 42. Scanlon Waive Park Rental and Event Fees for Kids I did It Run APP 72- 42A Smith Permission to Hang Banners -True Bethel Baptist Church APP 73- 42B Smith, etc Local Review and Approval of Liquor Store Licenses ADOPT 74- 43. Smith Comm of Deeds ADOPT SUBMISSION LIST OF COMMITTEE ITEMS FOR THE COUNCIL MEETINGS 48- CIVIL SERVICE May 14 49- 40- 1. Com 12 May 14 Appoint Senior Assessor (Perm)(Second Step) (Jackson)(Asmt) APP 41- 2. Com 13 May 14 Appoint Supervising Assessor(Perm)(Fourth Step)(Sullivan)(Asmt) APP 42- 3. Com 26 May 14 Appoint Deputy Comm of Public Works, Parks and Streets(Prov)(Shell)(PW) R &F 43- 4. Com 28 May 14 Appoint Supervisor of Street Sanitation (Prov)(Inter)(Gorski)(PW) APP 44- 5. Com 36 May 14 Appoint Electrical Inspector(Temp)(Fifth Step)(O'Connor)(EDPI) APP 45- 6. Com 37 May 14 Appoint Junior Collection Officer(Manney)(Perm)(5 Step)(A &F) APP 46- 7. Com 52 May 14 Notices of Appointments- Temp /Prov /Perm(Cty Clk) R &F FINANCE 47- 8. Com 24 Sept 4 Comptroller's Estimate & Report, 2013 Capital Improv Budget and COMMUNITY DEVELOPMENT 48- 9. Com 8 May 14 49- 10. No 76 May 14 50- 11. No 77 May 14 51- 12. Com 5 Feb 19 LEGISLATION 52- 13. No 62 May 14 53- 14. No 63 May 14 54- 15. Com 42May 14 55- 16. No 56 May 14 56- 17. No 57 May 14 57- 18. No 80 May 14 58- 19. No 82 May 14 59- 20. Res 96 Apr 30 60- 21. No 71 Mar 5 61- 22. No 49 Apr 30 62- 23. No 139 Feb 21 63- 24. No 95 Apr 2 5 Yr Plan(Compt) Utility Easement Agmt- Niagara Mohawk -Use of 854 Elicott(EII)(Strat P Report of Sale -217 French(Fill)(Strat Plan)( #7,4/30) Report of Sale -220 French, 222 French(Fill)(Strat Plan)( #8,4/30) 2013 -14 Annual Action Plan(Yr 39 CDBG) 2013 -17 Consolidated Plan ( Strat Plan) Y. Amin, Owner, Use 1146 AKA 1150 Hertel to Expand an Existing Bakery Takeout Restaurant With an Outdoor Patio(Del)(hrg 5/21) APP B. Bernatovicz, Agent, Use 175 North for a Freestanding Sign Not Flat Against The Building(EII)(hrg 5/21) APP W /COND Chicken License Complaint -140 Dewitt(Nia)(CtyClk) APP M. Kaufman -Resp for Chicken License 140 Dewitt R &F M. LoCurto -J. Magavern- Proposed Green Code R &F Request to Rename Riverside Access Road(Golombek) ( #89,4/30) (exc final res)(hrg 05/28) APP Food Store(New) 1096 Kensington (Masten) (EDP I)( #23,3/6)( #103,4/16) RECOMMIT Ordinance Amendment Ch 154 -Fair Employment Screening(Smith) APP D. Pridgen Petition From N. Green & O Re Unified Code for Outdoor Wood Boilers R &F K. Ammar, Owner, Use 220 Allen St to Re- Establish a Sit in Restaurant And Sidewalk Patio in the Allen St Special District(Fill)(hrg 5/7) APP REST ONLY Extension of Holiday Parking Exemptions to Type II Residential Streets(exc last 2 res) R &F Used Car Dealer -534 Colvin(Del)(EDPI)( #43,3/19) APP W /COND CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO TUESDAY, MAY 28, 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 -- 0 On a motion by Mr. Smith, Seconded by Mr. LoCurto, the minutes of the stated meeting held on May 14, 2013 were approved FROM THE MAYOR FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE CITY PLANNING BOARD NO. 1 PLAN BD -SEQR NEGATIVE DECLARATION -9 GENESEE ST(ELL) SEQRA Notice of Determination Non Significance Negative Declaration This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (SEQR- State Environmental Quality Review of the Environmental Conservation Law. Lead Agency: City of Buffalo Planning Board Room 901 City Hall 65 Niagara Square Buffalo New York 14202 As per the provisions of SEQR the Lead Agency has reviewed the following action as it relates to the environment Action Title 9 Genesee Street renovation Location: 9 Genesee Street Type of Action: Type 1- Unlisted Description: Carmine Wood Morris Architects is proposing on behalf of the owner Steve Carmina the renovation of historic building located at 9 Genesee Street Buffalo New York. The project will return the oldest building in the district to a full time use. The phase one budget is 120,000 dollars and is privately funded. New York State Tax Credits and Federal Tax Credits will also be used to assist with the financing of this project. In addition to the comprehensive restoration of the building exterior, including new restores storefronts all new windows, masonry cleaning /repointing, a new roof and a complete adaptive re -use of the building interior. All improvements will meet the Secretary of interior Standards for Historic Preservation. The exterior brick will be pointed as required and will likely be repainted an appropriate color. There is evidence to support that the building has been painted going back to the 1930s mainly due to the quality of the brick veneer. The double hung windows on the West Facade will be replaced with appropriate Pella Architectural Series windows that meet SHPO and NPS approval. The combination window which was installed between1925 -1930 will be restored in its entirety with me use of insulated glass in place of the single pane currently in place. The storefront will be restored as close as possible to the original: however the center entrance now [n place will be maintained. The fascia /cornice will be restored to reflect the 1920 -1930 photos which details the sister building at 7 Genesee Street 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 environments 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 building will help bring stability to an area that slowly but steadily been building growth through the efforts of the business and community leaders. 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. Manta Grunzweig, Land Use Controls Coordinator Room 901 City Hall, Buffalo New York 14202 -716 851 -5085 Dated May 21, 2013 RECEIVED AND FILED NO. 2 PLAN BD -SEQR NEGATIVE DECLARATION -1631 HERTEL AVE AKA 1607 HERTEL(DEL) SEQRA Notice of Determination Non Significance Negative Declaration This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (SEQR - State Environmental Quality Review) of the Environmental Conservation Law. Lead Agency: City of Buffalo Planning Board Room 901, City Hall 65 Niagara Square Buffalo New York 14202 As per the provisions of SEQR, the Lead Agency has reviewed the following action as it relates to the environment: Action Title: Hertel Park Senior Housing Location: 1631 Hertel Avenue, AKA 1607 Hertel Type of Action: uncoordinated - unlisted Description: Silvestri Architects on behalf of the Hertel Park Senior Housing II, LLC is proposing the window replacement on the building located at 1631 Hertel Avenue AKA 1607 Hertel Avenue Buffalo New York. The scope of the work for the exterior renovations includes the removal of the existing windows at the second, third and fourth floors and replace them with new vinyl single hung white windows. The project is privately funded in the amount of 422,612 dollars. As a result of this Environmental Review, the Lead Agency has determined the undertaking of This action will not have a significant adverse affect on the quality of the environment. No further environmental review of this action will be conducted prior to project implementation and a Draft Environmental Impact Statement will not be prepared. Reasons Supporting This Determination: The new windows will help with the energy efficiency of the building and create a more comfortable environment for the many seniors who reside in the building. The identified potential negative impacts appear to be primarily short4erm 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: May 7, 2013 RECEIVED AND FILED FROM THE COMPTROLLER NO. 3 INTERFUND CASH LOAN Certain Federal and State aided programs require a cash advance until the program is operating and reimbursement is received. I have reviewed the program listed below and determined the cash needs to be warranted. I have approved an additional interfund cash loan to be made in the maximum amount of $100,000 as needed subject to your approval. Loan is payable at date of reimbursement. FROM: 1000 - General Fund TO: 2449 - Efficiency Incentives FY2009 GRANT TITLE: New York State Efficiency Grant- City Land Use and Zone Initiative (Buffalo Green Code); GRANT AGENCY: New York State Department of State GRANT AMOUNT: $10,100,000.00 OUTSTANDING LOAN: $1,000,000.00- Efficiency Incentives ADDITIONAL REQUIRED: $100,000.00- Buffalo Green Code MAXIMUM LOAN AMOUNT: $1,100,000.00 Estimated Date of Repayment: December31, 2013 Brendon Mehaffy, Executive Director of the Office of Strategic Planning Donna Estrich, Commissioner of Admin., Finance, Policy & Urban Affairs Mr. Smith moved: That the above item be, and the above communication from the Department of Audit and Control /Comptroller, dated May 23, 2013, be received and filed; and That the Common Council hereby approves an interfund cash loan in the amount of $100,000,.00 for the New York State Efficiency Grant -City Land Use and Zone Initiative (Buffalo Green Code). The loan is payable at the date of reimbursement. PASSEDY AYES 9, NOES 0 FROM THE COMMISSIONER OF ASSESSMENT AND TAXATION NO.4 Certificate of Appointment Appointment effective May 13, 2103 in the Department of Assessment and Taxation to the Position of Principal Assessor Provisional Appointment Fourth Step Starting Salary of $63,716 Maria Garozzo- Payne, 208 Commonwealth Avenue, Buffalo 14216 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF MANAGEMENT INFORMATION SYSTEMS NO. 6 APPOINT SUPERVISOR DATA PROC OPERATIONS(TEMP)(TTH STEP)(D. SPRINGER) Certificate of Appointment Appointment effective May 20, 2103 in the Department of MIS to the Position of Supervisor Data Proc. Operations Temporary Appointment Fifth Step Starting Salary of $63,211 Daryl Springer, 57 Manchester Place, Buffalo 14213 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 6 APOINT SYSTEM SUPPORT SPECIALIST(TEMP(4 STEP)(P. STRINGER) Certificate of Appointment Appointment effective May 8, 2103 in the Department of MIS to the Position of System Support Specialist Temporary Appointment Fourth Step Starting Salary of $57,704 Paul Springer, 53 Larchmont Rd. Buffalo 14214 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO. 7 NOTIFICATION SERIAL #10668 -10675 (WAIVE 45 DAYS) Notification Serial # 10668 Repeal Alternate Parking - Type II Ashland Avenue between West Ferry Street and Lafayette Avenue ( Delaware District) NO PARKING (ALTERNATE - TYPE II) - REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 24 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: NO PARKING PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD Ashland Avenue, east side 9:00 a.m. — 4:00 p.m. between West Ferry Street Thursday, Friday and Lafayette Avenue Ashland Avenue, west side 9:00 a.m. — 4:00 p.m. between West Ferry Street Monday, Tuesday, Wednesday and Lafayette Avenue This action is being taken to alleviate the on- street parking shortage in this section of the Elmwood Village neighborhood and commercial district. Peter J. Merlo, P. E. City Engineer Notification Serial # 10669 Install Alternate Parking - Type II Ashland Avenue between West Ferry Street and Lafayette Avenue Delaware District) NO PARKING (ALTERNATE - TYPE II) - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 24 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: NO PARKING PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD Ashland Avenue, east side 9:00 a.m. — 4:00 p.m. November 15 — April 1 between West Ferry Street 9:00 a.m. — 12:00 p.m. April 1 — November 15 and Lafayette Avenue Thursday, Friday Ashland Avenue, west side 9:00 a.m. — 4:00 p.m. November 15 — April 1 between West Ferry Street 9:00 a.m. — 12:00 p.m. April 1 — November 15 and Lafayette Avenue Monday, Tuesday, Wednesday This action is being taken to alleviate the on- street parking shortage in this section of the Elmwood Village neighborhood and commercial district. Peter J. Merle, P. E. City Engineer Notification Serial # 10670 Repeal Alternate Parking - Type II Norwood Avenue between West Ferry Street and Lafayette Avenue Delaware District) NO PARKING (ALTERNATE - TYPE II) - REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 24 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: NO PARKING PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD Norwood Avenue, east side 9:00 a.m. - 4:00 p.m. Between West Ferry Street Thursday, Friday And Lafayette Avenue This action is being taken to alleviate the on- street parking shortage in this section of the Elmwood Village neighborhood and commercial district. Peter J. Merlo, P, E. City Engineer Notification Serial # 10671 Install Alternate Parking - Type II Norwood Avenue between West Ferry Street and Lafayette Avenue (Delaware District) NO PARKING (ALTERNATE - TYPE II) - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body &this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 24 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: NO PARKING PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD Norwood Avenue, east side 9:00 a.m. - 4:00 p.m. November 15 — April 1 Between West Ferry Street 9:00 a.m. — 12:00 p.m. April 1 — November 15 And Lafayette Avenue Thursday, Friday Norwood Avenue, west side 9:00 a.m. - 4:00 p.m. November 15 — April 1 Between West Ferry Street 9:00 a.m. — 12:00 p.m. April 1 — November 15 And Lafayette Avenue Monday, Tuesday, Wednesday This action is being taken to alleviate the on- street parking shortage in this section of the Elmwood Village neighborhood and commercial district. Peter J. Merlo, P. E. City Engineer Notification Serial # 10672 Repeal Alternate Parking - Type II West Ferry Street between Richmond Avenue and Delaware Avenue ( Delaware District) NO PARKING (ALTERNATE - TYPE II) - REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 24 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: NO PARKING PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD West Ferry Street, south side 9:00 a.m. — 4:00 p.m. between Richmond Avenue Thursday, Friday and Delaware Avenue West Ferry Street, north side 9:00 a.m. — 4:00 p.m. between Richmond Avenue Monday, Tuesday, Wednesday and Delaware Avenue This action is being taken to alleviate the on- street parking shortage in this section of the Elmwood Village neighborhood and commercial district. Peter J. Merlo, P.E. City Engineer Notification Serial #10673 Install Alternate Parking - Type II West Ferry Street between Richmond Avenue and Delaware Avenue ( Delaware District) NO PARKING (ALTERNATE - TYPE II) - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 24 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: NO PARKING PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD West Ferry Street, south side 9:00 a.m. - 4:00 p.m. November 15 -April 1 between Richmond Avenue Thursday, Friday and Delaware Avenue West Ferry Street, north side 9:00 a.m. - 4:00 p.m. November 15 -April 1 between Richmond Avenue Monday, Tuesday, Wednesday and Delaware Avenue This action is being taken to alleviate the on- street parking shortage in this section of the Elmwood Village neighborhood and commercial district. Peter J. Merlo, P. E. City Engineer Notification Serial # 10674 Repeal Alternate Parking - Type II Lafayette Avenue between Richmond Avenue and Delaware Avenue ( Delaware District) NO PARKING (ALTERNATE - TYPE II) - REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 24 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following; NO PARKING PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD Lafayette Avenue, south side 9:00 a.m. - 4:00 p.m. between Colonial Circle Thursday, Friday and Delaware Avenue Lafayette Avenue, north side 9:00 a.m. - 4:00 p.m. between Colonial Circle Monday, Tuesday, Wednesday and Delaware Avenue This action is being taken to alleviate the on- street parking shortage in this section of the Elmwood Village neighborhood and commercial district. Peter J. Merlo, P. E. City Engineer Notification Serial # 10675 Install Alternate Parking - Type II Lafayette Avenue between Colonial Circle and Delaware Avenue ( Delaware District) NO PARKING (ALTERNATE - TYPE II) - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 24 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: NO PARKING PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD Lafayette Avenue, south side 9:00 a.m. - 4:00 p.m. November 15 - April 1 between Colonial Circle Thursday, Friday and Delaware Avenue Lafayette Avenue, north side 9:00 a.m. - 4:00 p.m. November 15 - April 1 between Colonial Circle Monday, Tuesday, Wednesday and Delaware Avenue This action is being taken to alleviate the on- street parking shortage in this section of the Elmwood Village neighborhood and commercial district. Peter J. Merlo, P. E. City Engineer RECEIVED AND FILED(WAIVE 45 DAYS) NO. 8 (1) APPROVAL OF RECEIPT OF GRANTS FOR IMPROVEMENTS BENEFITTING THE CITY -OWNED ALLEYWAY THEATER BUILDING AT 664 MAIN STREET - $36,150 FOR HVAC AND $1.500 FOR LIGHTING REPAIR, (2) APPROVAL FOR CITY OF BUFFALO TO FILE A 5 YEAR GRANT RESPONSIBLE FOR RELATED PROPERTY MAINTENANCE RESTRICTION, AND (3) APPROVAL FOR CITY TO BE POSSIBLE "CLAW - BACK" OF THE GRANT FUNDING UNDER CERTAIN CIRCUMSTANCES The management of Alleyway Theater was successful in receiving awards of $36,150 and $1,500 in grant funding for HVAC improvements and lighting repair respectively for the City -owned Alleyway Theater premises. The grant funding flows from Buffalo Place, Inc. from the Theater District New York Main Street Program and derives from York State Housing Trust Fund Corporation and its administrator, the Division of Homes and Community Renewal (HCR). These grants are "reimbursement" types of grants and also require "local" matches of $36,150 and $1,500 respectively. No request is being made to the City for any portion of the local match or for any "up- fronting" of the reimbursable grant funding. As a condition of the grant funding being utilized for improvements to the City -owned Alleyway Theater building the City of Buffalo is being asked to formally agree to restrict (a "deed" restriction filed in the Erie County Clerk's Office) the City -owned Alleyway Theater property for a five (5) year period as set forth in Exhibit B (Property Maintenance Declaration Form) to the attached grant related agreements and the City is also being asked to be responsible to pay a "claw back" of the grant proceeds if certain of the conditions of the grants are not met. I am respectfully requesting and recommending that Your Honorable Body authorize the City to contract with Alleyway Theater and Buffalo Pace, Inc. for purposes of formally accepting the grants and /or grants - elated HVAC improvements and lighting improvements to and for the City -owned Alleyway Theater premises. Accordingly, I am requesting that your Honorable Body: 1. Ratify and confirm the prior application materials submitted to obtain the above referenced grant funding commitments, 2. Authorize the Mayor to execute the necessary grant funding agreements (in substantially the form as is attached hereto to be negotiated to finalization by the City Law Department as needed) and all related agreements and documentation including but not limited to the execution and recordation of the Property Maintenance Declaration Form "restriction" and "claw back" provisions all as shall be required or useful in facilitating the receipt and utilization of the grant funding for the contemplated HVAC and lighting related improvements in the City -owned Alleyway Theater premises, 3. Authorize other city personnel to take all other steps and to enter into and execute such agreements and such further related project documentation and arrangements as are appropriate and /or necessary to facilitate and implement the receipt and utilization of the improvements from the grant funding as well as to perform all related reporting, monitoring and follow -up functions associated with the grant funding. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets, dated May 23, 2013, be received and filed; and That the Common Council hereby ratifies and confirm the application materials, submitted to the Common Council on May 23, 2013, to obtain the grant funding commitments; and That the Common Council hereby authorizes the Mayor to executed the necessary funding agreements (in substantially the form as was attached to the communication to the Common Council on May 23, 2013, to be negotiated to finalization by the City Law Department as needed), and all related agreements and documentation including, but not limited to, the execution and recordation of the Property Maintenance Declaration Form "restriction" and "claw back" provisions all as shall be required or useful in facilitating the receipt and utilization of the grant funding for the contemplated HVAC and lighting related improvements in the City -owned Alleyway Theater premises; and authorizes other City personnel to take all other steps and to enter into and execute such agreements and such further related project documentation and arrangements as are appropriate and /or necessary to facilitate and implement the receipt and utilization of the improvements from the grant funding as well as to perform all related reporting, monitoring and follow -up functions associated with the grant funding. PASSED AYES 9, NOES 0 NO. 9 PERMISSION TO ACCEPT FUNDS FROM NYS CHIPS Permission is hereby requested from Your Honorable Body to accept $4,085,789.27 from the NYS Consolidated Local Streets and Highway Improvement Program (CHIPS) for State FY 13 -14 Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated May 22, 2013, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to accept funds from the new York State Consolidated Local Streets and Highway Improvement Program (CHIPS) for State FY 13 -14 in the amount of $4,085,789.27. PASSED AYES 9, NOES 0 NO. 10 PERMISSION TO ENGAGE SERVICES OF CONSULTING ENGINEER FOR DESIGN SERVICES PARKSIDE COMMUNITY TRAFFIC STUDY(DELAWARE) I respectfully request that Your Honorable Body authorize the Department of Public Works, Parks and Streets to grant permission to hire a consultant to provide design phase services for the Parkside Community Traffic Study which was specifically authorized by a bond resolution. The costs for consulting services are estimated not to exceed $100,000.00. The funds are available in Capital account(s) 35317806 445100 and /or an account(s) to be named at a later date. The consultant will be chosen through a Request for Qualifications (RFQ) process. Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated May 22, 2013, 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 design phase services for the Parkside Community Traffic Study, which was specifically authorized by bond resolution. The consultant will be chosen through a Request for Qualifications (RFQ) process. The funds are available Capital Account(s) #35317806 445100 and /or an account(s) to be named at a later date. PASSED AYES 9, NOES 0 NO. 11 PERMISSION TO ENTER INTO FUNDING AGREEMENT WITH ECHDC AND TO ENTER INTO AGREEMENT WITH NYSDOT FOR THE OHIO STREET AND INNER HARBOR INFRASTRUCTURE IMPROVEMENT PROJECT FILLMORE DISTRICT Permission is requested from Your Honorable Body to authorizing the Mayor or designee to enter into all necessary agreements with the Erie Canal Harbor Development Corporation (ECHDC) and NYSDOT for improvements of Ohio Street. Currently ECHDC, in cooperation with the City and NYSDOT, is administering the design phase and upon completion the City will administer the construction phase of the project. These agreements will allow this Department to administer the construction phase of the project, which includes full -depth reconstruction of Ohio Street between New York Route 5 (Outer Harbor Parkway) and Michigan Avenue and also improvement at St. Clair Street between Ohio Street and South Street within the First Ward neighborhood of the City. Following are estimate costs and funding sources: Federal Highway Administration Funds 8,152,000 EDHDC (NYPA Relicensing Agreement) — local match 2,038,000 Buffalo Sewer Authority 500,000 Buffalo Sewer Authority 250,000 City of Buffalo — DPW 450,000 GRAND TOTAL $11,390,000 Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated May 21, 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 agreements with the Erie Canal Harbor Development Agency ( ECHDA) and the New York State Department of Transportation ( NYSDOT) for improvements of Ohio Street between New York Route 5 (Outer Harbor Parkway) and Michigan Avenue, and also improvement of St. Clair Street between Ohio Street and South Street within the First Ward of the City. PASSED AYES 9, NOES 0 NO. 12 PERMISSION TO INCREASE CONTRACT NORTHEAST DIVERSIFICATION, INC. MULROY PARK SOUTH DISTRICT I hereby submit to your Honorable Body the following change for this contract. Northeast Diversification, Inc. is the contractor for Mulroy Park - Pierce Field project. This increase is necessary for contractor to provide additional stone products for completion of the project. Previously approved Contract Amount: $ 364,814.5 This Cost Increase: $ 34,296.25 Total: $ 399,110.75 1 certify that this increase is fair and equitable for the work involved and respectfully request that your Honorable Body approve the subject change order and authorize the Commissioner of Public Works. Parks and streets to issue said increase for $ 34,296.25 The funds for this project are available in capital project Account # 35408706 - 445100. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, parks and Streets dated May 22, 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 fin the amount of $34,296.25 (Original Contract Amount $364,814.50 + Change Order #1 $34, 296.25 for Revised Contract Amount of $399,110.75) for Mulroy Park — Pierce Field project, to Northeast Diversification, Inc. Funds for this project are available in Account #35408706 - 445100. PASSED AYES 9, NOES 0 NO. 13 PERMISSION TO INCREASE CONTRACT TVGA CONSULTANTS FRUIT BELT REDEVELOPMENT OF CARLTON STREET NYSDOT PIN #5759.40 CONTRACT #93000738 ELLICOTT DISTRICT Contract Summary Contract Amt.: $446,312.00 Amt. of Change Order: $ 12,830.50 New Contract Amt.: $459,142.50 City share of Change order - 5% or $641.53 PRIOR COUNCIL REFERENCE: Item No. 18, C.C.P. 3/17/09 1 hereby submit to Your Honorable Body the following change for this contract. TVGA is the Consultant for the Fruit Belt Redevelopment of Carlton Street Project for the City of Buffalo. This contract provided for the preliminary and detailed design of this project. This increase is necessary to fund additional design work and documentation needed to include green infrastructure, particularly pervious pavement, for this project. This project is a federally funded project and the funding breakdown is 80% Federal, 15% State and 5% City. I certify that this increase is fair and equitable for the work involved. The Federal and State portions (95 %) have already received approval. The funds are available in Capital Project Account #31930006 - 445500. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets dated May 9, 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 $12,830.50 (Original Contract Amount $446,312.00 + Change Order #1 $12,830.00 for a Revised Contract Amount of $459,142.50) for the Fruit Belt Redevelopment of Carlton Street, to TVGA, C393000738. Funds for this project are available in Account #31930006 - 445500. PASSED AYES 9, NOES 0 NO. 14 PERMISSION TO INCREASE CONTRACT URS CORPORATION OUTER HARBOR TRAIL PHASE 2 - PIN 5757.43 CONTRACT # 93000718 FILLMORE /SOUTH DISTRICT I hereby submit to your Honorable Body the following change for this contract. URS Corporation has been hired for the design and construction inspection of the new trail at Ohio Street. This increase is necessary for additional services by consultant for the Survey, ROW Acquisition Maps, Design and Inspection for the St. Clair Street improvements project to connect the trail to the new park at Hamburg Street. Original Contract Amount: $178,000 This Change Order: $60000 Total: $ 238,000 1 certify that this increase is fair and equitable for the work involved and respectfully request that your Honorable Body approve the subject change order and authorize the Commissioner of Public Works Parks and Streets to issue said increase for $60,000. This is a Federal funded project with City's share of 20 %. The funds are available in capital project account # 39311406 - 445100 and accounts to be named at a later date. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets dated May 21, 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 $60,000.00 (Original Contract Amount $178,000.00 + Change Order #1 $60,000.00 for a Revised Contract Amount of $238,000.00) for the design and construction inspection of the new trail at Ohio Street, to URS Corporation, C #93000718. Funds for this project are available in capital project account #39311406- 445100,and an account(s) to be named at a later date. PASSED AYES 9, NOES 0 NO. 15 PERMISSION TO INCREASE CONSULTANT CONTRACT SIEMENS INDUSTRY, INC. HIGH SERVICE PUMPING IMPROVEMENTS AT FILTER PLANT CONTRACT # 93000699 1 hereby submit to your Honorable Body the following change for this contract. Siemens Industry, Inc. is the construction contractor for High Service Pumping Improvements at Filter Plant. This increase is necessary for improvements to enhance the operation of the facilities and increase the service life of the equipment. The additional work requires emergency repair of Switchgear for High Service Pump No. 2 and investigation and repair of the Switchgear for High Service Pumps No. 1 and 3. Additional upgrades and modifications to associated electrical wiring and improvements to related systems are also included. Original Contract Amount: $8,276,634.00 This Change Order: $ 195,000.00 Total: $8,471,634.00 1 certify that this increase is fair and equitable for the work involved and respectfully request that your Honorable Body approve the subject change order and authorize the Commissioner of Public Works. Parks and Streets to issue said increase for $195,000.00. 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 the Department of Public Works, Parks and Streets dated May 22, 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 $195,000.00 (Original Contract Amount $8,276,634.00 + Change Order #1 $195,000.00 for a Revised Contract Amount of $8,471,634.00) for improvements to enhance the operation of the facilities and increase the service life of the equipment for the High Service Pumping Improvements at Filter Plant, to Siemens Industry, Inc. C #93000699. Funds for this project will be available in Division of Water accounts to be named at a later date. PASSED AYES 9, NOES 0 NO. 16 TRADE IN OF VEHICLES THE DEPARTMENT OF PUBLIC WORKS, DIVISION OF WATER, IS REQUESTING PERMISSION TO TRADE IN THE LISTED BELOW VEHICLES FOR THE PRUCHASE OF VARIOUS TYPES OF LIGHT DUTY VEHICLES. THIS REQUEST WILL BE USED FOR THE REPAIR & MAINTENANCE OF THE WATER DISTRIBUTION SYSTEM & MAINTENANCE OF THE COLONEL WARD PUMPING STATION. TRADE IN OF W134 -1988 TOW MOTOR TRADE IN OF W135 -1988 LAWN TRAILER TRADE IN OF W167 - 1995 INTERNATIONAL FLAT BED TRADE IN OF W199 - 1999 TILT TRAILER TRADE IN OF W215 - 2004 CHEVY PICK UP TRADE IN OF W220 - 2005 CHEVY PICK UP TRADE IN OF W223 - 2005 CHEVY PICK UP TRADE IN OF W224 - 2005 CHEVY PICK UP TRADE IN OF W230 - 2006 CHEVY UTILITY TRUCK TRADE IN OF W232 - 2006 CHEVY UTILITY TRUCK TRADE IN OF W234 - 2006 CHEVY UTILITY TRUCK TRADE IN OF W235 - 2007 CHEVY UTILITY TRUCK TRADE IN OF W239 - 2009 CHEVY FLAT BED TRADE IN OF W242 - 2009 FORD PICK UP TRADE IN OF W243 - 2009 FORD VAN TRADE IN OF W244 - 2009 FORD VAN TRADE IN OF W245 - 2009 FORD VAN TRADE IN OF W246 - 2009 FORD PICK UP TRADE IN OF W247 - 2009 FORD PICK UP TRADE IN OF W248 - 2009 FORD PICK UP TRADE IN OF W249 - 2009 FORD PICK UP TRADE IN OF W250 - 2009 FORD PICK UP TRADE IN OF W251 - 2009 FORD PICK UP TRADE IN OF W252 - 2009 FORD PICK UP TRADE IN OF W253 - 2009 FORD DUMP TRUCK TRADE IN OF W254 - 2009 FORD FLAT BED REFERRED TO THE COMMITTEE ON FINANCE NO. 17 APPOINT CAULKER (PERM)(5 STEP)(CRUMPLEY) Certificate of Appointment Appointment effective May 15, 2103 in the Department of Public Works, Parks & Streets ,Division of Water to the Position of Caulker Permanent Non - Competitive Fifth Step Starting Salary of $37,756 Lorenzo Crumpley, 49 Virgil, Buffalo 14216 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT & INSPECTION SERVICES NO. 18 MOBILE FOOD TRUCK 9 MARK AVE HAMBURG (HOME ADDRESS NEW APPLICATION) Pursuant to Chapter 316 Article IX of the City of Buffalo Ordinances, please be advised that I have caused an investigation into the food truck at 2188 Kensington for which said application for a Mobile Food Truck license is being sought by Nicole Burke@ Hot off the Press LLC and according to the attached reports from the Fire Department and Police record check 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 Commissioner of the Department of Permit and Inspection Services, dated May 28, 2013, be received and filed; and That pursuant to Chapter 316, Article IX of the City of Buffalo Ordinances, the Commissioner of the Department of Economic Development Permit and Inspection Services be, and he herby is authorized to grant a Mobile Food Truck License to Nicole Burke d /b /a Hot off the Press LLC is hereby approved. PASSED AYES 9. NOES 0 NO. 19 RESPONSE APPLICATION FOR RESTRICED USE PERMITS 67 W. CHIPPEWA AKA 75 W. CHIPPEWA — JUNE 14, 28, 2013 JULY 12, 26 2013 Dear City Clerk: Per the provisions of City of Buffalo ordinance, Chapter 511 -68.6 "Downtown Entertainment Review District'; (F) "Application for Restricted Use Permit', the Office of Licenses has reviewed the attached "Restricted Use Permit Applications" for "Phez Entertainment LLC. "Lux' located at 67 West Chippewa (AKA 75 West Chippewa) and determined that this establishment does have the required City of Buffalo licenses; therefore said applications are "approved as to form ". Should your office have any questions concerning these applications, please feel free to contact me directly. Very truly yours, Patrick Sole, Director Permits & Inspection Services Mr. Smith moved: That the above item be, and the above communication the Office of the City Clerk of Buffalo dated May 28, 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 at events to occur on June 14, 2013, June 28, 2013, July 21, 2013, and July 26, 2013 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 and 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. 20 SECOND HAND DEALER 1175 HERTEL (AKA 1183) DELAWARE 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 1175 Hertel aka 1183 Hertel 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 Add Farouq Kadir. The attached thereto for Adel Farouq Kadir d /b /a /Baghad Communication & Accessories. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 21 SECOND HAND DEALER 1994 SENECA (AKA 1996) (SOUTH) 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 1994 Seneca aka 1996 Seneca 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 Cheryl Mathes. The attached thereto for Cheryl Mathes d /b /a /CM Gold. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 22 USED CAR DEALER 7 GRANT ST (NIAGARA) Pursuant to Chapter 254 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Used Car Dealer License located 7 Grant St and find that as to form is correct. I have caused an investigation into the premises for which said application for a used car dealer license is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspections; I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of Azeem Alhussainawi. The attached thereto for Azeem Alhussainawi /dba! AUTO STOP SERVICES. This request is submitted for your approval or whatever action you deem appropriate. Mr. Smith moved: That the above item be, and above communication from the Commissioner of the Department of Economic Development, Permit and Inspection Services, dated May 10, 2013, be received and filed; and That the Commissioner of the Department of Economic Development, Permits and Inspections Services in hereby authorized pursuant to Chapter 254 of the City Code to issue a Used Car Dealer License to Azeem Alhussainawi d /b /a Auto Stop Services, located at 7 Grant Street PASSED AYES -9 NOES -0 FROM THE CITY CLERK NO. 23 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 1456 Hertel Ave La Tavola Trattora Barlandwood Inc. 2 Schreck Ave 6 Sweet's Lounge S'Sweet Inc 692 Fulton St Tilly's Tavern Give it a Shot 391 Ellicott St Eden Ultra Lounge Lamendola Inc 187 Allen The Alley Cat 199 B &L Inc RECEIVED AND FILED NO. NO. 24 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- Ikeisha Thompson Elizabeth Clark RECEIVED AND FILED. NO. 25 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: Mayor /Mayor Executive- Jessica Smith RECEIVED AND FILED. NO. 26 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 05/20/2013 in the Department of Audit and Control, Division of Audit to the Position of Junior Auditor, Temporary at the minimum salary of $34,569.00 Shaun Betti, 208 Stevenson Street Upper, Buffalo, NY 14210 CERTIFICATE OF APPOINTMENT Appointment effective May 20, 2013 in the Department of Public Works, Parks and Streets, Division of Buildings to the Position of Laborer 11, Permanent at the minimum salary of $23,130.00 Teonie Jackson, 527 Northland, Buffalo, NY 14211 NON - OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON - OFFICIAL COMMUNICATIONS NO. 27 BUFFALO WATER BOARD MONTHLY REPORT -APRIL 2013 Available for review in The City Clerk's Office RECEIVED AND FILED NO. 28 To: Councilmember Fontana - Lovejoy Dear Mr. Fontana: This email shall serve to memorialize our conversation last week regarding water main lines on Roberts Avenue. As you know, in recent years there have been at least 4 breaks in the main water lines near my home at 123 Roberts Avenue. We have verified this information with the City of Buffalo Water Authority. As per your recommendation, we have looked into the water insurance and were advised by the water authority not to purchase the same because no claim will be paid because our street has been deemed a "problem" street and the insurance does not include pre- existing water line conditions. When the water authority came to fix the lines, the workmen advised that the water mains were likely breaking because overweight trucks were continually going up the street. According to the Streets Department, Roberts Avenue is rated for 5 tons per axle. This rating isn't adequate for the large trucks traveling down Roberts Avenue. Since there is no other access route to the warehouse and industrial complex at the end of the street, the trucks are forced to drive on Roberts Avenue breaking the weight limits on the street. I would like to pursue an agreement between the City of Buffalo and the homeowners on Roberts Avenue for the City to assume all responsibility for the cost of any damages caused to any underground facilities by these overweight trucks. Please keep me updated and informed of any progress. If I can be of any further assistance in this matter, please do not hesitate to contact me at 716 - 870 -2434. Thank you, Christopher Griesbaum 123 Roberts Avenue Buffalo, New York 14206 REFERRED TO THE COMMITTEE ON LEGSSLATION. NO. 29 D. PRIDGEN -M D'AMICO- REQUEST TO SPEAK AT NEXT CD MEETING RE USE OF PARKS Michael D'Amico Mile Sports 553 -3839 He wants to speak at the next community development meeting, and would like a parks dept. representative there: This has been before Common Council last year; they are receiving a hard time in using the parks. Parking lots are not available for parking, receiving threatening phone calls every other day to pull their permits. Not allowed to play kick ball at Delaware Park. He was referred to Olmstead who basically told him it's up to the City. The City's placing a cap on how many weeks they can play software at all city parks. He was told the Charter said a max. of 10 weeks. They pay $800 to play soccer. On 5/8, the fields weren't painted. They're not allowed to put up nets at Glenny Drive Park for soccer games, but the parks dept. won't put up any either. This same topic appeared last year before Common Council; it's gotten worse instead of better. Police are often there, he would hope that there aren't any incidences or a repeat this year. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 30 ANOTHER VOICE: STONEWALLING RELEASE OF PUBLIC RECORDS IS UNACCEPTABLE By Paul Wolf The New York State Freedom of Information Law allows citizens to obtain copies of government records. In 2009, after not receiving adequate responses to several FOIL requests, the editor of The Buffalo News wrote a column directed to Mayor Brown stating: "The law is clear. When we request city records, you must provide them, completely and in a timely manner. "But you aren't exactly following the law at the moment. "You're stonewalling. "So, with all due respect, Mayor, cut it out." It is astonishing that such a column had to be written. In addition to giving The Buffalo News a hard time about providing public documents, the Brown administration in 2010 forced the Common Council to submit FOIL requests to obtain information about the city's Block Grant budget. In November 2011, Buffalo's former director of strategic planning, Timothy Wanamaker, pleaded guilty to using a city credit card for personal expenses totaling $30,000. Over a period of 15 months, The Buffalo News filed several FOIL requests with the Buffalo Economic Renaissance Corp. requesting Wanamaker's travel and expense account records. The News never received the requested records. If Brown is not going to operate city government transparently, then the Common Council needs to implement the following policy changes: • Strengthen the oversight of FOIL responsiveness. Adopt legislation to require monthly reporting to the Common Council regarding the status of all FOIL requests, as well as annual reporting to the public. • Provide training. Records access officers should receive annual training on FOIL compliance, which is available at no cost through the New York State Committee on Open Government. • Ensure greater accountability. Conduct semi - annual reviews of each department /agency's FOIL compliance. • Adopt an open government policy. Mandate that all city agencies must proactively publish commonly requested records online. • Engage concerned citizens. Form a citizens advisory board dedicated to making city government more open. In addition to policy changes by the Common Council, the city comptroller could conduct an audit of how FOIL requests are being handled. Under the City Charter, the comptroller has the authority to conduct not only financial audits, but performance audits to determine whether laws are being complied with and intended results are being achieved. Non - compliance with a law whose purpose is to provide citizens information should not be tolerated. The Common Council and city comptroller should act. Paul Wolf is the president and founder of the Center For Reinventing Government. RECEIVED AND FILED PETITIONS NO. 31 K. FAWCETT, AGENT, USE 478 ELMWOOD AKA 480 ELMWOOD- RESTRICTED USE PERMIT IN THE ELMWOOD AVE SPECIAL ZONING DISTRICT - ALTERATION TO AN EXISTING RESTAURANT (NIA)(HRG 6/4) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 32 CARRUBBA, OWNER, USE 1669 HERTEL TO EXPAND AN EXISTING RESTAURANT IN THE HERTEL AVENUE SPECIAL ZONING DISTRICT (DEL)(HRG 6/4) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 33 R. STODDARD, AGENT, USE 245 ABBOTT RD TO PLACE AN OUTDOOR PATIO IN THE CITY ROW IN THE ABBOTT RD SPECIAL ZONING DISTRICT (SOUTH)(HRG 6/4) REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE ZONING BOARD OF APPEALS NO. 34 D. EHLENFIELD, AGENT, USE 556 FRANKLIN TO ERECT GROUND SIGN ON PRIVATE PROPERTY (FII1)(PUB HRG 6/4) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 35 D. EHLENFIELD, AGENT, USE 564 FRANKLIN TO ERECT TWO ACCESSORY GROUND SIGNS ON PRIVATE PROPERTY (FILL)(PUB HRG 6/4) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 36 W. EGLOFF, OWNER, USE 1006 ELMWOOD -ALTER OF USE TO AN EXISTING BAKERY TO INCIUDE SIT -DOWN RESTAURANT W /OUTDOOR CAFE (DEL)(PUB HRG 6/4) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 37 C. PALADINO, OWNER, USE 960 BUSTI FOR AN LED WALL SIGN (NIA)(NO PUB HRG ) REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE ZONING BOARD OF APPEALS NO. 38 P. STRADA, AGENT, USE 396 KENMORE, FOR FREE STANDING POLE SIGN (UNIV)(NO HRG) Mr. Smith moved: That the above item be, and the above communication from the Department of Permits and Inspection Services, dated May 24, 2013, be received and filed; and That pursuant to Section 387 -19 of the City Charter, the application of P. Strada, Agent, to erect an illuminated pole sign "ID" in the front yard of a sit -in restaurant at 396 Kenmore is hereby approved upon the following conditions: That there shall be no LED sign attached The design and dimensions shall conform to the revised design submitted to the department of Permit and Inspection services That all previous conditions established by the City Planning Board shall be observed PASSED W /COND AYES -9 NOES -0 NO. 39 S. GRNEW & O- OPPOSE OPENING 2 ND CORNER STORE ON CORNER OF TONAWANDA AND VULCAN ST PETITION We, the citizens of the city of Buffalo, petition the city to stop the opening of a 2 nd Corner Store that is already there. We believe that this will add to more traffic and unwanted loitering in the area. We believe adding another store within close proximity to another will be a disturbance to our neighborhood. We hope that the planning and Zoning Commission will understand all concerns. Referred to the Town of Tonawanda Town Clerk & Council. RECEIVED AND FILED REGULAR COMMITTEES CIVIL SERVICE (BONNIE E. RUSSELL, CHAIRPERSON) NO. 40 APPOINT SENIOR ASSESSOR(PERM)(SECOND STEP)(JACKSON)(ASMT) CCP# 12, 05/14 Mrs. Russell moved That Communication 12 of May 14, 2013, be received and Filed and that the Permanent appointment of Mary C. Jackson, 80 Knox Avenue, Buffalo, NY 14216 to the Position of Senior Assessor, at the Second Step of $55,597.00 is hereby approved PASSED AYES -9 NOES -0 NO. 41 APPOINT SUPERVISING ASSESSOR(PERM)(FOURTH STEP)(SULLIVAN)(ASMT) CCP# 13, 05/14 Mrs. Russell moved That Communication 13 of May i4, 2013, be received and Filed and that the Permanent appointment of Brian A. Sullivan, 168 Lafayette Avenue, Buffalo, NY 14213 to the Position of Supervising Assessor, at the Fourth Step of $60,796.00 is hereby approved PASSED AYES- 9 NOES- 0 NO. 42 APPOINT DEPUTY COMM OF PUBLIC WORKS, PARKS AND STREETS(PROV)(SHELL)(PW) CCP #26, 05/14 Mrs. Russell moved That the above item be the same and hereby is Received and Filed ADOPTED NO. 43 APPOINT SUPERVISOR OF STREET SANITATION (PROV)(INTER)(GORSKI)(PW) COP# 28, 05/14 Mrs. Russell moved That Communication 28 of May 14, 2013, be received and Filed and that the Provisional appointment of Marcus Gorski, 129 Evergreen Drive, Tonawanda, NY 14150 to the Position of Supervisor of Street Sanitation, at the Intermediate Step of $39,010.00 is hereby approved PASSED AYES -9 NOES -0 NO. 44 APPOINT ELECTRICAL INSPECTOR (TEMP)(FIFTH STEP)(O'CONNOR)(EDPI) CCP# 36, 05/14 Mrs. Russell moved That Communication 36 of May 14, 2013, be received and Filed and that the Temporary appointment of Kevin O'Connor, 303 Choate Ave, Buffalo NY 14220 to the Position of Electrical Inspector at the Fifth step of $55,508.00 is hereby approved PASSED AYES- 9 NOES- 0 NO. 46 APPOINT JUNIOR COLLECTION OFFICER(PERM)(FIFTH STEP)(MANNEY)(A &F) CCP# 37, 05/14 Mrs. Russell moved That Communication 37 of May 14, 2013, be received and Filed and that the Permanent appointment of Carolyn E. Manney, 257 West Minister, Buffalo NY 14215 to the Position of Junior Collection Officer at the Fifth step of $33,722.00 is hereby approved PASSED AYES -9 NOES -0 NO. 46 NOTICES OF APPOINTMENTS - TEMP /PROV /PERM CCP #52, 05/14 Mrs. Russell moved That the above item be the same and hereby is Received and Filed ADOPTED FINANCE (CHRISTOPHER P. SCANLON, CHAIRMAN) NO.47 COMPTROLLER'S ESTIMATE & REPORT 2013 CAPITAL IMPROV BUDGET AND 5 YR PLAN(COMPT) CCP #24, SEPT 4 Mr. Scanlon moved That the above item be the same and hereby is Received and Filed ADOPTED COMMUNITY DEVELOPMENT JOSEPH GOLOMBEK, JR, CHAIRMAN NO.48 UTILITY EASEMENT AGREEMENT - NIAGARA MOHAWK - USE OF 854 ELLICOTT (ELL)(STRAT PLAN) (ITEM NO. 8, C.C.P., MAY 14, 2013) 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 Director of Real Estate be, and she hereby is authorized to enter into an easement agreement between the City and Niagara Mohawk for use of city -owned parking garage located at 854 Ellicott; and that the Corporation Counsel be, and he hereby is authorized to review said agreement and that the Mayor be authorized to execute the same. PASSED AYES -9 NOES -0 NO.49 REPORT OF SALE - 217 FRENCH (FILL)(STRAT PLAN) (ITEM NO. 76, C.C.P., MAY 14, 2013) Mr. Golombek moved: That the above item be, and the same hereby is returned to the Common Council without recommendation; That the offer from Mr. Willie Lee Mackey, Jr. of 257 Regency Circle, Moyock, North Carolina 27958, in the amount of One Thousand Four Hundred Fifty Dollars ($1,450.00) for the purchase of 217 French, 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. 50 REPORT OF SALE - 220 FRENCH AND 222 FRENCH (FILL)(STRAT PLAN) (ITEM NO. 77, C.C.P., MAY 14, 2013) Mr. Golombek moved: That the above item be, and the same hereby is returned to the Common Council without recommendation; That the offer from Mr. Willie Mackey, Jr. of 257 Regency Circle, Moyock, North Carolina 27958, in the amount of Three Thousand Fifty Dollars ($3,050.00) for the purchase of 220 French and 222 French, 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. 51 2013 -2014 ANNUAL ACTION PLAN (YR 39 COMMUNITY DEVELOPMENT BLOCK GRANT) 2013 -17 CONSOLIDATED PLAN (STRAT PLAN) (ITEM NO. 5, C.C.P., FEB. 19, 2013) Mr. Golombek moved: That the above item be, and same hereby is returned to the Common Council without recommendation; That the City of Buffalo 2013 -2014 Annual Action Plan for Year 39 Community Development Block Grant and the 2013 -2017 City of Buffalo Community Development Consolidated Plan are approved. PASSED AYES -9 NOES -0 (DARIUS G. PRIDGEN, CHAIRMAN) NO. 52 Y. AMIN, OWNER, TO USE 1146 HERTEL A/K /A 1150 HERTEL TO EXPAND AN EXISTING BAKERY /TAKE -OUT RESTAURANT WITH AN OUTDOOR PATIO (DEL)(DPIS) (ITEM NO. 62, C.C.P., MAY 14, 2013) 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 Y. Amin, Owner of 1146 Hertel aka 1150 Hertel, to expand an existing bakery/take -out restaurant with an outdoor patio 8' X 25' on the City's right -of -way in the Hertel Avenue Special Zoning District. PASSED AYES -9 NOES -0 NO. 53 B. BEMATOVICZ, AGENT, TO USE 175 NORTH FOR A FREESTANDING SIGN (ELL) (DPIS) (ITEM NO. 63, C.C.P., MAY 14, 2013) Mr. Pridgen moved: That the above item be, and the same hereby is returned to the Common Council without recommendation; That pursuant to Section 511- 24G(4) of the City Charter, the appiication of B. Bernatovicz, Agent, to erect a small pole sign, not flat against the building, to the front yard of a three -story masonry multiple dwelling building at 175 North is hereby approved. PASSED AYES -9 NOES -0 NO. 54 CHICKEN LICENSE - 140 DEWITT (NIA)(CITY CLK) (ITEM NO. 42, MAY 14, 2013) Mr. Pridgen moved: That the above item be, and the same hereby is returned to the Common Council with a recommendation for approval; That pursuant to Section 341 -11.4 A of the City Code, the City Clerk is authorized to issue a Chicken License to Matt Kauffman for the property located at 140 Dewitt for the maintenance of a chicken coop for a maximum of five chicken hens. PASSED AYES -9 NOES -0 NO. 55 M. KAUFMAN -RESP FOR CHICKEN LICENSE140 DEWITT (C.C.P #56,5/14) Mr. Pridgen now moved that the above item be Received and Filed. ADOPTED NO. 56 M. LOCURTO -J. MAGAVERN- PROPOSED GREEN CODE (C.C.P #57, 5/14) Mr. Pridgen now moves that the above item be Received and Filed. ADOPTED NO. 57 REQUEST TO RENAME RIVERSIDE ACCESS ROAD(GOLOMBEK) ( #89, 4 /30)(EXC FINAL RES)(HRG 05/28) On a motion by Mr. Smith Seconded by Mr. Scanlon the Hearing is opened. Appearances Mr. Golombek Mr. Smith moved to close the public hearing. Seconded by Mr. Golombek. Mr. Smith moved to approve said item seconded by Mr. Golombek Mr. Pridgen moved: That the above item be, and the same hereby is returned to the Common Council without a recommendation; That the Common Council herby approves changing the name of Riverside Access Road from Niagara Street to the Black Rock Canal Park to "Black Rock Canal Park to "Black Rock Harbor Road" in order to provide clear and concise directions to access the Ontario Street Boat Launch and Black Rock Canal Park; and That pursuant to City and Buffalo Charter and Code 286 -3(B), the City Clerk is hereby directed to prepare and submit to the Common Council for its consideration a Notice of Intention to rename a public street. That notice of a public hearing be contained within the notice of intention pursuant to City of Buffalo Charter and Code 286 -3(C) and be published pursuant to Section 48 of the Charter of the City of Buffalo; and That the Common Council hereby requests that the City Clerk, upon approval of this resolution, forward certified copies of the resolution to the United States Postal Service. PASSED AYES -9 NOES -0 NO. 58 FOOD STORE LICENSE (NEW) - 1096 KENSINGTON (MASTEN)(DPIS) (ITEM NO. 82, C.C.P., MAY 14, 2013) Mr. Pridgen moved: That the above item be, and the same hereby is returned to the Common Council without recommendation; Mr. Pridgen now moves That the above item be recommitted to the Committee on Legislation. ADOPTED NO. 59 ORDINANCE AMENDMENT - CHAPTER 154 - FAIR EMPLOYMENT SCREENING (ITEM NO. 96, C.C.P., APR. 30, 2013) Mr. Pridgen moved: That the above item be, and the same hereby is returned to the Common Council without recommendation; That the Code of the City of Buffalo, Article V. as it relates to fair employment screening be amended as specified in the attached Ordinance Amendment. PASSED AYES -9 NOES -0 NO. 60 D. PRIDGEN PETITION FROM N. GREEN & 0 RE UNIFIED CODE FOR OUTDOOR WOOD BOILERS (C.C.P #71, 3/6) Mr. Pridgen that the above be, and the same hereby is returned to the Common Council with a recommendation for approval; Mr. Pridgen now moves that the above item be Received and Filed. ADOPTED NO. 61 K. AMMAR, OWNER, TO USE 220 ALLEN STREET TO REESTABLISH A SIT -IN RESTAURANT AND SIDEWALK PATIO IN THE ALLEN STREET SPECIAL DISTRICT(FILL)(DPIS) (ITEM NO. 49, C.C.P., APR. 30, 2013) Mr. Pridgen moved: That the above item be, and the same hereby is returned to the Common Council with a recommendation for approval; That pursuant to Section 511- 55H(1) of the City of Buffalo Code, the Common Council hereby approves the application of K. Ammar, Owner, of 220 Allen, to reestablish use of a sit -in PASSED AYES -9 NOES -0 NO. 62 EXTENSION OF HOLIDAY PARKING EXEMPTIONS TO TYPE II RESIDENTIAL STREETS (EXC LAST 2 RES) (C.C.P #139, 2/21) Mr. Pridgen now moves that the above item be Received and Filed. ADOPTED NO. 63 USED CAR DEALER - 634 COLVIN (DEL)(DPIS) (ITEM NO. 96, C.C.P., APR. 2, 2013) Mr. Pridgen moved: That the above item be, and the same hereby is returned to the Common Council with a recommendation for approval; and That the Commissioner of the Department of Economic Development, Permits and Inspections Services is hereby authorized pursuant to Chapter 254 of the City Code to issue a Used Car Dealer License to Debra Basile d /b /a Colvin Sales, located at 534 Colvin on the condition that there is a fifteen (15) car limit. PASSED W /COND AYES -9 NOES -0 RESOLUTIONS NO. 64 BY: MR. FRANCZYK PROTECT ORNAMENTAL LANDSCAPED GARDENS WHEREAS: City code and police Quality of Life Officers correctly ticket property owners for tall grass, weeds, and other violations; and, WHEREAS: The Common Council also supports the Public Works Department for cutting high grass in lots where property owners will not or do not cut their grass and weeds as required by ordinance; and, WHEREAS: On several properties, however, property owners adorn their front lawns as landscaped ornamental spaces with perennials and other garden displays that shouldn't be ticketed; and, WHEREAS: These properties are sometimes confused by ticket writers as being in violation of ordinance, placing these lots in the same category as lots with high grass and weeds, when in fact they are legitimate neighborhood gardens ; and, WHEREAS: The property at 31 Miller Street, for example, has been planted by a member of the BEST Community Association with rose of Sharon, hostas, bulb flowers, lilly of the valley, pussy willow bushes and other plants, yet has been repeatedly summonsed with high grass and weed violations by city ticket writers; and, WHEREAS: Although these tickets have been thrown out in Adjudication, the property owner is still repeatedly ticketed; and, WHEREAS: City code enforcers, Community and Quality of Life Police Officers and Public Works employees should be made aware which lots are legitimate, sanctioned Grassroots Gardens, block club or privately created front lawn gardens containing the proper foliage and landscaping and not issue those lots tickets or cut them down; and WHEREAS: To protect the city from clever landowners who do not create a legitimate landscaped garden and try to fob off high grass and weeds as proper landscaping, a list or registry of sanctioned gardens should be compiled by organizations such as Grass Roots Gardens, Buffalo in Bloom, Master Gardeners, registered block clubs and community centers to he provided to city code enforcers to protect those appropriate lawns from ticketing. Private residents could also affiliate with one of the above organizations and have their front lawn landscaped garden registered to protect it from ticketing should they decide to do so. NOW THEREFORE BE IT RESOLVED: That the Common Council encourages the registration and filing of ornamental front lawn gardens sanctioned by at least one of the above community organizations which would be made available to city code enforcement officials to protect them from ticketing if properly maintained; and, NOW THEREFORE BE IT RESOLVED; That the Buffalo Police Department, Public Works, participating community associations, organizations, block clubs and interested citizens be invited by the Common Council to provide input as to how to develop a plan and registry to promote and protect LEGITIMATE lots and front lawn gardens which add to the beautification of the city. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 66 BY: MR. FRANCZYK RE: THE 66 ANNUAL ALLENTOWN ART FESTIVAL Whereas: The Allentown Village Society, Inc. has requested permission to conduct the 56 Annual Allentown Art Festival on the weekend of June 8 th and 9 th 2013; and Whereas The purpose of the festival is to promote arts and crafts and support those talented individuals who create such work; and Whereas The Allentown Village Society seeks to heighten public awareness of the fine arts and crafts and to heighten public awareness of all that the Allentown District of the City of Buffalo has to offer; and Whereas Each year the Allentown Art Festival attracts thousands of people to the City of Buffalo, including hundreds of talented artists and craftspeople; and Whereas The Special Events Advisory Committee, a committee established pursuant to Chapter 414 of the Charter & Code of the City of Buffalo, will meet to consider the application of the Allentown Village Society to hold the 56 Annual Allentown Art Festival; Now Therefore Be It Resolved: This Common Council hereby grants to the Allentown Village Society, Inc. permission to conduct the 56 Annual Allentown Art Festival subject to the terms and conditions contained herein as well as any additional terms and conditions established by the Special Events Advisory Committee; and Be It Further Resolved: Date and Time of Event. The event shall take place the weekend of June 8th and 9 th 2013, between the hours of 11:00 AM and 6:00 PM each day and the streets will be closed to general traffic from 8:00 AM Until 8:00 PM; and Be It Further Resolved: Event Area. The event area shall be defined as follows: The area bounded by Summer Street on the north, Elmwood Avenue and South Elmwood Avenue (east side) on the west, Tracy Street (extended easterly) on the south, and Main Street (west side) on the east; and Be It Further Resolved: Event Participants. The following terms and conditions shall apply to the event area: 1. Art and Craft Exhibitors. Art and /or craft exhibitors shall be permitted at the following locations only: Delaware Avenue between North Street and Tupper Street (east and west sides); Franklin Street between Allen Street and Virginia Street (one side only); Allen Street from Elmwood Avenue to Franklin Street (one side only); Virginia Street between Delaware Avenue and Franklin Street (one side only); and Edward Street between Elmwood Avenue and Delaware Avenue (south side only). 2. Approval Process. Only art and craft exhibitors approved in accordance with the Allentown Village Society's application and selection process will be permitted to participate in the event area defined above, No more than 465 art and craft exhibitors will be permitted. Exhibitors engaged in the exhibition or sale of so- called "pseudo" art and commercial exhibitors not engaged in the exhibition or sale of arts and /or crafts shall not be included in that total. 3. Food Concessionaires and Vendors. Only food concessionaires and vendors approved in accordance with the Allentown Village Society's application and selection process will be permitted to participate in the event within the area defined above. Such approved food concessionaires and vendors shall be located in an area determined by the Allentown Village Society in accordance with the recommendation of the Commissioner of Police or his designee and the Commissioner of Fire or his designee. Food concessionaires and vendors will not be permitted to operate outside of the event area. 4. Promotional Items. The Allentown Village Society may also select and designate a single vendor to produce and sell Art Festival T- shirts, sweatshirts or similar merchandise in the event area. The Allentown Village Society, in accordance with the recommendation of the Commissioner of Police or his designee and the Commissioner of Fire or his designee shall locate such vendors. 5. Compliance with Existing Laws. Not Withstanding the above. Participants, concessionaires, and vendors are required to comply with all applicable city, county, and state licensing and health code requirements. Nothing herein is intended to limit the lawful operation of sidewalk caf6s operating in accordance with Section 413 -59 of the Charter & Code of the City of Buffalo; and Be It Finally Resolved: 1. Remote Broadcasts. Radio and television broadcasts from remote broadcast units located outside of a building regularly occupied by a radio or television station may be permitted within the event area at the discretion of the Allentown Village Society, Inc. No such remote broadcast or telecasts will be permitted on the public streets or out -of -doors on adjacent private property without the permission of the Allentown Village Society, Inc. Promotional activities other than those permitted by the Allentown Village Society, Inc. are strictly prohibited. 2. Vendor and Exhibitor Identification. The Allentown Village Society, Inc. shall provide all participants with suitable identification expressly indicating that each is an authorized participant in the event. Except as herein provided, there shall be no other participants within the event area during the event whether on public streets or out -of -doors on adjacent private property, including, but not limited to, exhibitors, concessionaires, vendors, and performers, individuals engaged in promotional activities, fundraising activities, displays of goods or otherwise. Performances are prohibited within the festival area. Inflatable Devices. All temporary inflatable devices used to advertise or direct attention to a business, service, product and /or activity shall also be excluded from the event area. Banners. In celebration of the 56 Anniversary of the Allentown Art Festival, permission is hereby granted for the Allentown Village Society, Inc. to erect vertical banners on city light poles on Delaware Avenue between North Street and Tupper Street. The banners must comply with conditions set by the Department of Public Works, Parks and Streets. PASSED AYES -9 NOES -0 NO. 66 SPONSOR: COUNCILMEMBER LOCURTO RE: WAIVE PERMIT FEES FOR THE ST. JOSEPH UNIVERSITY FUN DAY Whereas, St. Joseph University, located at 3275 Main Street, will be holding its annual Fun Day for students in grades 5, 6, and 7; and Whereas, The day's activities will include games, playtime, and lunch at the Playground in Delaware Park; and Whereas, The event will be attended by approximately 48 students with 7 adults and; Whereas, St Joseph University of Buffalo has obtained the proper permits and insurance, and fulfilled all other requirements with the Department of Parks and Recreation and the Department of Special Events. Now, Therefore, Be it Resolved: That the City of Buffalo Common Council hereby waives the permit and special event fees associated with holding the St. Joseph University Fun Day at Delaware Park Playground from 11:30 am until 1:30pro on Friday May 31, 2013; and Be it Further Resolved: that a copy of this resolution is sent to the Department of Parks and Recreation and the Department of Special Events. PASSED AYES -9 NOES -0 NO. 67 SPONSOR; COUNCILMEMBER LOCURTO RE: WAIVE PERMIT FEES FOR THE WISTERIA SCHOOL OF BUFFALO'S MAY FAIR FESTIVAL Whereas, The Wisteria School of Buffalo will be holding its first May Fair Festival for students, parents, and the community on Saturday May 25 , 203.3 from 9am to 3pro; and Whereas, The festival will take place at Burke's Green Park and will host a variety of activities for kids and families, includin8 jugglers, dancers, and flute and violinists; and Whereas, This event is free and open to the public, and facilitated by volunteers and faculty members; and; Whereas, The Wisterla School of Buffalo has obtained the proper permits and insurance, and fulfilled all other requirements with the Department of Parks and Recreation and the Department of Special Events. Now, Therefore, Be it Resolved= That the City of Buffalo Common Council hereby waives the permit and special event fees associated with holding the Wisteria School of Buffalo's May Fair Festival at Burke's Green Park on May 25 from 9am to 3pro; and Be it Further Resolved= That a copy of this resolution is sent to the Department of Parks and Recreation and the Department of Special Events. PASSED AYES -9 NOES -0 NO. 68 BY: COUNCIL MEMBER DARIUS G. PRIDGEN RE: CRIME PREVENTION IN RENTAL UNITS Whereas: Criminal and public nuisance activity in rental dwellings have become major problems in many of the City of Buffalo's neighborhoods; and Whereas: Efforts must be taken to assist in the elimination of criminal and public nuisance activity by encouraging landlords and property managers to take an active role in neighborhood crime prevention; and Whereas: When drug criminals and other destructive tenants operate out of a rental property, neighborhoods suffer and landlords pay a high price, including: Decline i property values -- particularly when the activity begins affecting the reputation of the neighborhood • Property damage arising from abuse, retaliation, or neglect; property damage from police raids • Fire resulting from manufacturing or growing operations. • Civil penalties, including temporary closure of the property -- or even property seizure • Loss of rent during the eviction and repair periods • Fear and frustration when dealing with dangerous and threatening tenants. Increased resentment and anger between neighbors and property managers • The loss of other valued tenants; and Whereas: A crime free lease addendum is a civil contract between a landlord and tenant whereby the rental applicant agrees prior to tenancy to abide by the roles of the property and not participate in or allow criminal activity to occur within their sphere of influence. The idea for such an addendum surfaced in Mesa, Arizona in the mid -1990s and has quickly spread to many cities throughout the United States; and Whereas: A crime free lease addendum may empower landlords by reducing the chances of tenant criminal activity and allowing them to be prepared to quickly and effectively deal with problem tenants; and Whereas: Landlords and /or property managers should be aware of all the people occupying their rental dwelling(s) and be willing to provide the Buffalo Police Department with said information in order to assist with the investigation of criminal activity: and Whereas: The cooperation of landlords and /or property managers with the Buffalo Police Department is essential to keeping our neighborhoods safe from crime and maintaining a high quality of life; and Now, Therefore Be It Resolved, That the City of Buffalo Common Council directs the Department of Law to draft an ordinance amendment encouraging landlords and /or property managers to utilize a crime free lease addendum to assist with the eviction of tenants who continue to conduct criminal or public nuisance activity in rental dwelling units; and Be It Further Resolved, That the Common Council also directs the Department of Law to draft an ordinance amendment requiring that landlords and /or property managers maintain information concerning al! of their tenants (including the number and names of all occupants and the full address and telephone numbers of all tenants) in order to cooperate with the Buffalo Police Department if necessary; and Now, Therefore Be It Finally Resolved, That this resolution be forwarded to the City of Buffalo Department of Law and the Buffalo Police Department for comment and consideration. ADOPT RESOLVES- REFER THE REMAINDER TO THE COMMITTEE ON LEGISLATION NO. 69 BY. ELLICOTT DISTRICT COUNCIL MEMBER DARIUS G. PRIDGEN WAIVER PERMIT FEE FOR MARITIME CHARTER SCHOOL. Whereas Maritime Charter School is utilizing Front Park for the annual Senior Graduating Class Picnic; and Beginning May 31, 2013, from 9:00 AM - 3:30 PM; Now, Therefore, Be It Resolved: That the Common Council commends the graduating seniors of Maritime Charter, Inc., in their effort to promote academic achievement in our community; and approves waiving the permit fees associated with this event; and Be It Finally Resolved: That copies of this resolution be sent to the Department of Permit & Inspection Services and the Department of Public Works. PASSED AYES -9 NOES -0 NO. 70 BY: UNIVERSITY DISTRICT COUNCILMEMBER BONNIE E. RUSSELL RE: WAIVE PERMIT FEE FOR ST. JOE'S SCHOOL PICNIC Whereas: St. Joe's School will hold a Fun Day school picnic on Thursday, May 23, 2013 at McCarthy Park in the University District. Whereas: St. Joe's School will utilize McCarthy Park from 12:00 pm until 2:00 pm. Now, Therefore, Be It Resolved That the Common Council approves waiving the permit fee associated with this event; and Be It Further Resolved: That copies of this resolution has been sent to the Department of Public Works, Parks and Streets. PASSED AYES -9 NOES -0 NO. 71 SPONSORS: CHRISTOPHER P. SCANLON WAIVE PARK RENTAL AND EVENT FEES FOR KIDS I DID IT RUN WHEREAS, Chapter 175 of the Code of the City of Buffalo establishes a schedule of tees 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 Kids I Did It Run has been held at Cazenovia Park for approximately 20 years; and WHEREAS, The race is a family friendly event Open to children from toddlers through age 12 and offers a safe and fun environment; and WHEREAS, The Kids I Did It Run will be held at Cazenovia Park Casino on June 22, 2013 and NOW, THEREFORE, BE IT RESOLVED, That the Common Council of the City of Buffalo respectfully requests that the Department of Permits & Inspections, Department of Public Works, Department of Law and all other involved City Departments waive the City Olmsted Park fee and event fees for the Kids I Did It Ran; and BE IT FURTHER RESOLVED, That the City Clerk forward a copy of this resolution to the Commissioners of the Departments of Permits & Inspections, Public Works, and Law. PASSED AYES -9 NOES -0 140610 .10]:AC=ILVAIC011N "LVil119.1 NO. 72 SUBJECT: PERMISSION TO HANG BANNERS AT TRUE BETHEL BAPTIST CHURCH, 907 EAST FERRY Whereas: Banners and Flags are indicative of the strong organizational presence in our neighborhood and provide a visual and aesthetic design intended to display the cohesiveness of the community; and Whereas: True Bethel Baptist Church's S2 Celebration on June 15, 2013; and Whereas: True Bethel Baptist Church is requesting permission to hang banners, specifically located at 907 East Ferry Street; and Whereas: The City of Buffalo Department of Public Works designed general guidelines for the placement of banners that include the necessary information to fully comply with the requirements established. True Bethel Baptist has received a copy of these conditions provided by the above named Council Member that give a full understanding of the requirements to allow the placement of the requested banner; and Now, Therefore, Be It Resolved: That the requested banners meet the requirements of all appropriate City Departments and that no existing laws, rules, or regulations be violated, particularly those found in Charter and Code Sections 387 -15 or other pertinent sections thereof; and Be It Further Resolved: That the Common Council of the City of Buffalo does hereby grant permission to the True Bethel Baptist Church to hang banners located at 937 East Ferry Street and that copies of this resolution be forwarded to the Department of Public Works, the Arts Commission, and Special Events to ensure the requested conditions are met prior to the installation of the request to hang the banners, in the City of Buffalo Council Member Pridgen Recused from Voting on Item PASSED AYES -8 NOES -0 NO. 73 BY MR SMITH AND MRS RUSSELL LOCAL REVIEW AND APPROVAL OF LIQUOR STORE LICENSES Whereas A number of complaints have been made regarding the opening of liquor stores in the City of Buffalo. There have been liquor stores opening next door to each other and by Churches. Liquor Stores are saturating neighborhoods. New York State Provisions that every license to sell wine or spirits at retail for off - premises consumption be held by a single individual who lives within a few miles of the store and holds no other such licenses in the state are being skirted; and Whereas There is no notification to City Government regarding the opening of a liquor store, The only requirement of notification is for the applying liquor store to put up a notice on the store to be opened that may not be in the direct view of the public especially if the building is unoccupied; and Whereas Currently residents are outraged by the opening of a liquor store directly across the street from a Community Center that primarily services youth at 2788 Bailey; and Whereas The State Liquor Authority consists of 3 members. There is currently one vacancy. Of the current two members one resides in Albany, the other in New York City. Decisions are made in either Albany or New York City to open liquor stores in Buffalo, NY. There is no local input or visits to locations for Liquor store openings to gain knowledge of neighborhood characteristics; and Whereas The State Liquor Authority is charged with Issuing licenses and permits for the manufacture, wholesale distribution and retail sale of all alcoholic beverages; Limiting, in the Authority's discretion, the number and type of licenses issued as determined by public convenience and advantage; and Whereas: State Liquor Authority reviews for liquor store applications have become inefficient to protect the community from unwanted liquor store openings; Now Therefore Be It Resolved That: The State grant local notification, review and approval on all new liquor store license applications; and Be it Further Resolved That: A Copy of this Resolution is sent to the New York State Legislation and Governor. ADOPTED NO. 74 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. SEE THE ATTACHED LIST TOTAL: 51 ADOPTED ON 5/28/13 Valerie Akauola Heather Anderson Maria C. Arza James Bell Zachary Bogucki Matthew Boyle Kenneth Carluccio Craig Centrie Todd C. Cudney Darnell Ramon Daniels Teresa M Fraas Josephine Grounds Edward Harris Peter Christopher Haumesser Johanne Hernandez Wayne A. Howard John W. Howell Daniel B. Jones Loretta Kostrzewski Robert A. Langowski Robert Lingle Stephanie McGrath David M. Monk Natalie R. Neri Charles Notaro David B. Pfaff Brian Filarski Kenneth W. Poczkalski Victoria Poczkalski Jalon Posey Marie Regula Douglas D. Riffel Carmen Riollano Monserrate Riollano Jamie Lee Rodriguez Sergio Rodriguez Lynn Marie Salomon Sandra Seitz Daniel E. Soler Ernest E. Springer John D. Stewart Gayla Thompson Bonny A. Turner Teresa Vail Tamika M. Washington Valerie Douglas Williams Anthony R. Wilson Lynn C. Wilson Sandra H. Wiseman Morgan J. Woodson Rose Ann Woodson Michael Woolford Total 52 ADOPTED NO. 76 ANNOUNCEMENT OF COMMITTEE MEETINGS The following meetings are scheduled. All meetings are held in the Common Council Chambers, 13 floor City Hall, Buffalo, New York, unless otherwise noted. Regular Committees Committee on Civil Service Tuesday, June 4, 2013 at 9:45 o'clock AM Committee on Finance Tuesday, June 4, 2013 at 10:00 o'clock AM following Civil Service Committee on Community Dev. Tuesday, June 4, 2013 at 1:00 o'clock PM Committee on Legislation Tuesday, June 4, 2013 at 2:00 o'clock PM (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. 76 ADJOURNMENT On a motion by Mr. Smith, Seconded by Mr. Scanlon, the Council adjourned at 2:33 PM GERALD CHWALINSKI CITY CLERK