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Home My WebLink About13-0625NO. 13 PROCEEDINGS OF THE CITY OF BUFFALO JUNE 25, 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 June 25, 2013 22. Reports of Attendance R &F FINAL 23. Notices of Appointments - Council Interns MAYOR 30- 1- A. Memorandum of Agmt With Bflo Professional Firefighters Assoc. Local 282 APP MAYOR - EXECUTIVE CS 2- 1. Strat Plan- Approve LDA Btwn COB and PUSH - Redevelop 99 Chenango CS MISCELLANEOUS & 335 -339 Massachusetts(Nia)(hrg 7/9) CD 3- 2. Strat Plan -Amend Lease Agmt Btwn COB & Grassroots Gardens - Delete APP 34- 5 Properties -115 & 117 Koons and 20 & 24 Miller(Fill & Mas) APP 4- 3. Strat Plan - Utility Easement Agmt Niagara Mohawk Use of City Owned R &F 35- Property Tift Nature Preserve(South) APP COMPTROLLER 29. D. Pridgen -D. Kaminski - Response Pedestrian Safety at the 1 -190 Ramps CD 5- 4. 2013 -14 Annual Audit Plan R &F 6- 5. Memorandum of Agreement Btwn COB and Local 282 R &F 7- 6. Petty Cash Audit R &F MANAGEMENT INFORMATION SYSTEMS 8- 6A. Request to Designate INFOR as Sole Source Contractor for the Hansen Proj ADOPT 61- For the COB APP PUBLIC WORKS 34. FranczykWaive Permit Fees - Harriet Ross Tubman Field Day 9- 7. Bflo Zoological Society Seeks COB Sign -Off and Certain Agmnts for Grant of 35. Golombek Waive Park Fees for Charter School of Applied Technologies APP $376,000 from NYS Parks(Arctic Edge Exhibit) APP 10- 8. Change in Contract- Klein hans Music Hall -HVAC Plumbing(Nia) APP 11- 9. Handicap Ramp Within City ROW -1285 Main St(Ell) CD 12- 10. Permission to Engage Services- Cleaning and Lining Small Diameter Water Shaddai APP Distribution - Various Locations APP 13- 11. Permission to Hire Consultant -City Hall Low Rise Water Pumps(Ell) APP 14- 12. Report of Bids -YWCA- Ventilation Improvements(North) APP 15- 13. Request to Purchase Equipment- Equipment Trailer APP 16- 14. Appoint Special Assistant to the Commissioner(Exempt)(Heidinger) CS 17- 15. Appoint Truck Driver(Perm)(Inter)(Vance Jr) CS 18- 16. Appoint Supervisor Street Sanitation I(Prov)(Max)(Mazur) CS POLICE 70- 19- 17. Justice Assistance Grant Program Renewal -Year 9 APP 20- 18. Permission to Donate Used Bicycles APP 21- 19. Appoint Chief(Prov)(Moran) CS PERMITS AND INSPECTIONS APP 22- 20. Flea Market -660 Ohio aka 710 Ohio(South) APP 23- 20A. Second Hand Dealer 212 Grant St(Nia) APP 24- 20B. Used Car Dealer 1225 Sycamore(Fill) LEG HUMAN RESOURCES 25- 20C. Contract POMCO Group - Workers Comp & Injured on Duty(Police /Fire) APP CITY CLERK 26- 21. Liquor License Applications R &F 27- 21 A. Leaves of Absence R &F 28- 22. Reports of Attendance R &F 29- 23. Notices of Appointments - Council Interns ADOPT 30- 24. Notices of Appointment - Seasonal R &F 31- 25. Notices of Appointments- Temp /Prov /Perm CS 32- 25A. Notices of Appointment- Temp /Prov /Perm CS MISCELLANEOUS 33- 26. C. Lehner - Permission to Purchase Computer - Serial# BFX -WW1 47 APP 34- 27. S. Norris - Symbolic Declarations for Bflo Original Home of Chicken Wing and Dyngus Day Parade, Also Motion for Peace Bridge Preclearance Prog R &F 35- 28. D. Pridgen -H. Hill- Community Garden Virginia & Mulberry Sts. CD 36- 29. D. Pridgen -D. Kaminski - Response Pedestrian Safety at the 1 -190 Ramps CD 37- 30. D. Smith - Testimony Provided by L. Nathan Hare Community Action Organization Of EC Spec Comm on Ed ED 38- 31. J. Wagner- Oppose Expansion of Tonnage or Extension of Hours - Battaglia Const_R &F RESOLUTIONS 60- 32. Fontana Excuse Michael J. LoCurto from Council Meeting ADOPT 61- 33. Fontana Support NYS Grant Application- HomeFront Inc ADOPT 62- 34. FranczykWaive Permit Fees - Harriet Ross Tubman Field Day APP 63- 35. Golombek Waive Park Fees for Charter School of Applied Technologies APP 64- 35A. LoCurto Permission to Hang Banners on Elmwood Ave Btwn Forest Ave And Allen St APP W /COND 65- 36. Pridgen Waiver of Special Events Permit Fee for Casa de Adoracion el Shaddai APP 66- 37. Rivera Approve LDA -99 Chenango and 335 -339 Massachusetts to PUSH CD 67- 38. Rivera Set Public Hearing -Sale of 99 Chenango and 335 & 339 Massachusetts to PUSH ADOPT 68- 38A. Rivera Fee Waiver Request for Bflo United Front's Family Fishing Day - APP 69- 39. Rivera Use of Residential Area Public Program Lot at 182 Grant St For Taste of Diversity APP 70- 40. Rivera Waive Permit Fees for D'Youville College School of Pharmacy Annual Picnic APP 71- 41. Russell Waive Permit Fee for Highgate Heights Elem. Sch Pre -K Family Day - APP 72- 41 A. Scanlon Waive Event Fees for Seneca Street Car Show APP 73- 42. Scanlon Waive Street Closing Permit Fee for Eaglewood Ave July 4 h Blck Pty -APP 74- 43. Smith Comm of Deeds - Public Duties ADOPT 75- 44. Smith Comm of Deeds ADOPT SUBMISSION LIST OF COMMITTEE ITEMS FOR THE COUNCIL MEETINGS 55- CIVIL SERVICE 56- 39- 1. Com 51 June 11 Appoint Wtr Distribution Superintendent (Prov)(Inter)(Wolasz, Jr)(PW) APP 40- 2. Com 61 June 11 Notices of Appointments- Temp /Prov /Perm(Cty Clk) R &F COMMUNITY DEVELOPMENT 59- 41- 3. No 73 June 11 C. Scanlon -M. Kearns -Req Trailblazing Sign in Honor of Margaret Nigrelli APP 42- 4. Com 3 May 14 Report of Sale -550 Seventh (EII)(Strat Plan) APP LEGISLATION RECOMMIT 43- 5. No 83 June 11 D. DiCioccio, Agent, Use 149 Elmwood for an Outdoor Patio on City ROW in 44- 6. No 81 June 11 45- 7. No 82 June 11 46- 8. No 84 June 11 47- 9. Res 131 June 11 48- 10. No 104 June 11 49- 11. No 37 May 28 50- 12. No 74 July 10 51- 13. Res 108May 29 52- 14. No 56 Nov 1 53- 15. No 87 Apr 16 54- 16. Com 24Oct 2 EDUCATION 55- 17. Com 63 June 11 56- 18. Com 53 May 14 57- 19. No 40 Apr 3C 58- 20. No 50 Apr 1E 59- 21. No 53 Mar 1f The Elmwood Ave Special District(Fill)(hrg 6/18) APP /COND W. Casale, Agent, Use 391 Washington for an Outdoor Patio on the City ROW R &F (Pan American B &G)(EII)(no pub hrg) APP /COND D. Hestand, Owner, Use 391 Washington for an Outdoor Cafe W /Awning on the R &F City ROW(Butterwood Sweet &Savory)(EII)(no hrg) APP /COND M. Rodriguez & O- Petition Against Convenience Store Opening 249 Prospect R &F Ordinance Amendment -Fair Employment Screening Standards(Smith) APP Chicken License /Complaint -354 Baynes(Nia)(CtyClk)( #43,5/14) APP C. Paladino, Owner, Use 960 Busti for an LED Wall Sign (Nia)(no pub hrg) RECOMMIT D. Pridgen -E. Ketry- Appeal Direction Sign Denial, Pearl St Grill Deli - 76 Pearl St( #63, 6/26) R &F Fair Employment Screening Ordinance(Smith)(exc 1 sc & 2 " res) R &F D. Smith -C. Joyce -Info Re: Roadside Memorials R &F Food Store License (New) 1545 Broadway (Fill)(EDPI)( #38,4/2) RECOMMIT Lodging House License -392 Curtiss St(Fill)(EDPI) APP LP Ciminelli -Board Packet Documents -June 2013 R &F LP Ciminelli -Board Packet Documents -May 2013 R &F LP Ciminelli -Board Packet Documents -April 2013 R &F LP Ciminelli -Board Packet Documents April 2013 R &F LP Ciminelli -Bd Packet Documents -March 2013 R &F CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO TUESDAY, JUNE 11, 2013 AT 2:00 P.M. Present — Richard A. Fontana, President of the Council, and Councilmembers: Franczyk, Golombek Jr., Pridgen, Rivera, Russell, Scanlon, Smith— 8 Absent -- LoCurto -1 On a motion by Mr. Smith, Seconded by Mrs. Russell, the minutes of the stated meeting held on June 11, 2013 were approved FROM THE MAYOR NO. 1 MEMORANDUM OF AGREEMENT WITH BUFFALO PROFESSIONAL FIREFIGHTERS ASSOCIATION, LOCAL 282 IAFF, AFL -CIO Attached hereto is a Memorandum of Agreement that we have reached with Local 282 to cover the period from Fiscal Year 2002 -2003 through and including Fiscal Year 2016 -2017, subject to your Honorable Body's approval. The contract satisfies each of the goals we had developed in approaching this longstanding labor dispute. We amplified our efforts to negotiate a contract with Local 282 in October of 2012, at which point the Law Department employed additional resources to conduct a comprehensive and thorough analysis of Fire Department operations and cost centers. We then identified six elements that we considered integral to any potential contract. These elements were: (1) reducing and eventually eliminating Premium Health Insurance (901) costs; (2) restructuring the wage scale in a way that provides for more gradual increases through a sensible step system; (3) eliminating unnecessary overtime; (4) guaranteeing reinvestment in our City by mandating residency going forward; (5) utilizing established reserves to finance the transition of the Department from its current makeup to a younger contingent of Firefighters by capping back pay and utilizing reserves to facilitate the transition of the Department into the new wage scale; and (6) eliminating the backlog of expensive legal proceedings that has developed over the past 12 years. ELEMENT #1: REDUCE MAJOR COST CENTER #1 - HEALTH INSURANCE Our highest priority was to reduce the staggering costs associated with providing Premium Health Insurance (901) coverage to members of the Department. Since the time that the City's last contract proposal was voted down by Local 282 there has been a dramatic rise in the number of active 282 Members taking advantage of the Traditional 901 Health Insurance Plan. This Plan has approximately double the premium cost of the POS 201 Plan and carries with it little or no additional benefits to the active duty, locally residing Firefighters. At last count, approximately 300 Firefighters were enrolled in the 901 plan, at a premium cost differential of almost $3,000,000 annually. We considered this cost unnecessary and wasteful, and made it a top priority to stop additional entries into the 901 plan and to eliminate it In short order. In Provision Number 7 of Exhibit A, we also negotiated the immediate termination of the Cosmetic Rider, which saves the City $110,000 in premiums annually upon the ratification of this Agreement. • Reform of 901 Traditional Health Insurance As you can see in Exhibit A of the Memorandum of Agreement, entry into the 901 Traditional Plan and continued enrollment in this plan by Firefighters is now significantly limited. Anyone who was not already enrolled in the 901 Traditional Plan loses the option to enroll in it going forward. All employees who were enrolled in the 901 Traditional Plan at the time of the signing of the Memorandum of Agreement may only continue such coverage during their careers if the following two conditions are met: first, he or she must be eligible to retire on or before June 30, 2015, and second, he or she must continuously contribute to the premium cost of the plan as follows. Said Firefighter must contribute $300 per month towards the premium cost of the 901 Traditional Plan between the time of ratification and June 29, 2014. From June 30, 2014 through June 29, 2015, said employee shall contribute $600 per month toward the premium cost of the 901 Traditional Plan. From June 30, 2015 forward, said employee shall pay the full difference between the POS 201 Plan and the 901 Traditional Plan in order to continue 901 coverage. Finally, only employees who retire prior to June 30, 2015 can take the 901 Traditional Plan into retirement with them. Under these contract provisions, Firefighters not yet eligible for retirement as of June 30, 2015 will immediately be removed from the 901 Plan, saving the City an average of more than $10,000 per year, per member removed from the 901 Plan. Those that are not removed immediately will have to pay significant and escalating contribution costs for little difference in coverage compared to the 201' Plan, which will incentivize members to voluntarily leave the plan. By June 30 of 2015, any Firefighter enrolled in the 901 Traditional Plan will have to pay the full cost differential, which means that the plan will be budget neutral and this major cost center will be effectively eliminated as it pertains to active employees in the Fire Department, and capped with respect to retirees. ELEMENT #2: WAGE SCALE AND STEP INCREASE RESTRUCTURING Our second priority was to restructure the Department's wage scale and step increases in a way that stabilizes future costs, while rewarding years of exemplary service. In our analysis of the rank of Firefighter, we found that more than 300 Firefighters at Step 5 (currently the top step), are at or nearing retirement eligibility. A substantial portion of this group of Firefighters will likely retire during this prospective contract term. Given the fact that Firefighting is a career and not just a job, history has demonstrated that the vast majority of our new hires stay in the service for twenty plus years and retire honorably from it. It did not make sense to increase the wage scale without adding steps that would prolong the time which it will take the recent hires and the Firefighters of the future to reach the top step, so a modified step system became a priority. We also started the wage scale lower to provide a direct correlation between experience level and wages earned during the stages of a Firefighter's career. • Replacement of the 5 -Step Wage Scale with an II -Step Wage Scale As Provision Number 1 of the attached Memorandum of Agreement makes clear, the current 5 -step system is being replaced with an 11 -step system that, in its most basic form, actually contemplates thirteen steps. This sets a reasonable academy or entry level wage for Fire Candidates, reasonably escalates that wage after completion of the Academy, and only enters the rookie Firefighter into the 11 -step system of reasonable and predictable pay raises after they have successfully completed two years of service (including his or her training time). The savings realized by these gradual step increases will finance the transition of the Department, as Firefighters who have honorably served the City for long and successful careers retire from the top step and are incrementally replaced by Firefighters who will only reach the top step after serving for 13 years, which is more than half of their expected career length. We found that the proposed wage scale is fair and reasonable and also that the slower pace of wage growth will allow the City to transition the Fire Department to its next generation of Firefighters without creating an unrealistic expectation that a quick rise to the top step of the wage scale will be the norm. Starting the wage scale at a lower point also prevents the waste of resources in the early stages of a Firefighter's career, where candidates may drop out or be removed from service because they do not meet the necessary requirements to be career Firefighters. ELEMENT #3: REDUCE MAJOR COST CENTER #2 - OVERTIME Our third priority was to neutralize and eliminate the substantial overtime cost center that had developed since the time that the last contract proposal was voted down by Local 282. For a variety of reasons, the Fire Department, like other 24/7 departments, is subject to the potential of swelling overtime costs. We saw this swell hit its peak in Fiscal Year 2008 -2009, when overtime reached 242,656 hours, and the cost of that overtime totaled $10,497,636. As you can see from the chart that follows, annual overtime has exceeded $8.5 million every year since that time. FISCAL YEAR HOURS AMOUNT 7/2000 - 6/2001 70,063 $2,629,434.06 7/2001 - 6/2002 73,905 $2,947,621.00 7/2002 - 6/2003 75,430 $2,928,908.74 7/2003 - 6/2004 71,053 $2,868,409.43 7/2004 - 6/2005 70,962 $2,761,920.91 7/2005 - 6/2006 134,014 $5,370,135.30 7/2006 - 6/2007 164,746 $6,638,193.57 7/2007 - 6/2008 235,122 $10,070,449.38 7/2008 - 6/2009 242,656 $10,497,636.07 7/2009 - 6/2010 233,606 $10,074,400.32 7/2010- 6/2011 196,345 $8,510,735.13 7/2011- 6/2012 207,576 $8,995,236.68 Our forensic analysis of these numbers made it apparent that sick call -ins and vacation time use were responsible for a significant portion of the overtime hours created. Furthermore, the swell was not strictly a function of gaps between retirements and training of new recruits, nor was it attributable to long term injuries. Against this backdrop, we determined that it was necessary to: (1) reduce the amount and frequency of sick and vacation time accruals so that it takes longer to accrue less; (2) incentivize the banking or non -use of sick time; (3) increase the punishment for violations of the home confinement policy; and (4) utilize staffing dynamics to insure that the overtime cost center decreases and stays in check over the long term. We accomplished each of these goals in this contract through the following provisions. • Reduction in Sick Time Accruals to Reduce Overtime Provision Number 6 of the Agreement reduces monthly sick time accruals from 11 hours per month for all employees to 9 hours per month. It will now take a Firefighter twenty -three years of service without using any sick time to max out the time which can be bought back upon departure from service under the new schedule. However, this protracted timeline could have unintentionally incentivized sick time use if there was no benefit to banking the time, so we also increased the amount of time that can be bought back. • Incentivizing Non -Use (Banking) of Sick Time to Reduce Overtime In Section 6(c) of the Agreement, we incentivize banking of these hours by amending the current language, which caps the buyback of sick time at a 1 for every 3 hours ratio up to 1440 hours to provide for a 1 for every 3 hours ratio buyback for the first 1500 hours accumulated and a 1 for every 2 hours ratio buyback for hours 1501 through 2500 accumulated. We believe that this will reduce the use of sick time, but were unwilling to leave this savings to chance by advancing only this carrot: we also negotiated a stick. • Increasing Home Confinement Violation Penalties to Reduce Overtime Provision Number 11 of the Agreement contains significant punishment language should a member violate the home confinement policy and not remain at home after calling in sick. The current system provides for a warning and progressive discipline thereafter, usually resulting in only the loss of the amount of time in the shift during which the violation occurred. The new system contains an immediate penalty and significantly increases the penalties should the violative conduct continue. • Reduction in Vacation Accruals to Reduce Overtime To further suppress an increase in overtime opportunities, we negotiated Provision Number 2, which reduces current vacation accruals by one tour and extends the accrual schedule so that it takes longer for Firefighters to add tours going forward. We also achieved reductions in overtime hour minimums, and non - payment for holiday call -ins (Provisions 3 and 4). • Dynamic Staffing to Reduce Overtime We could not limit the reduction in this major cost center by simply right- sizing the amount and pace of time accruals or by incentivizing employees not to use time that triggers overtime, so we negotiated a dynamic staffing provision. Provision Number 5 triggers the closure of one company in any shift wherein five or more line company employees call in sick. This results in immediate savings by saving four overtime shifts anytime the threshold is met. This provision is sensible, as the City currently has the benefit of firehouses with multiple companies, which are removed for training or other activities on occasion without any sacrifice in call time response or coverage. These savings cannot be disputed or go unrealized with this automatic trigger provision. Applying this provision in its most conservative form based on the 2011 -2012 fiscal year yields the following formula: Total Overtime Hours Paid: = 207,576 Total Sick Hours Used: = 75,685 Number of Overtime Hours Saved Through Dynamic Staffing Per Year = 35,040 Average Overtime Rate for 2013/14 = $48.38 Total Projected Savings from Dynamic Staffing in 2013/14 Total Projected Savings from Dynamic Staffing in 2013/14 w /Pension and FICA $1,695,235.20 _ $1,695.235.20 x .38 TOTAL SAVINGS FOR 2013/14 FROM DYNAMIC STAFFING = $2,339,424.00 ELEMENT #4: CAREER RESIDENCY Our fourth priority was to encourage, promote, and mandate reinvestment in our community. Over the balance of his or her career, a Firefighter will earn well over $1.2 million in salary. For too long Firefighters have invested their substantial resources overwhelmingly in surrounding communities, and the City has therefore not realized the benefit that these stable middle class incomes provide. Nor has the stability that comes with having public safety personnel reside in our neighborhoods been fully realized. • Domiciled Residency Required for Everyone Hired After January 1, 2012 Provision Number 8 of the attached Memorandum achieves this objective. While Local 282 was advocating for a limitation on residency; specifically, for it to apply only to prospective classes, we recognized that the last class of Firefighters is required to reside in the City during its provisional period and wanted to retain this class to provide an immediate benefit to the City. We accomplished just that by mandating residency for any Firefighter hired after January 1, 2012. To insure this reinvestment reaps benefits well into the future, the provision calls for career domiciled residency for all Firefighters hired after that date. (Note well: The last class of Firefighters was hired in April of 2012). ELEMENT #6: MINIMIZE THE USE OF RESERVES BY LIMITING BACK PAY The fifth priority was to seize upon the fiscally prudent management exercised by the City's Department of Administration, Finance, Policy and Urban Affairs over the years, in providing reserves for the settlement of this contract with Local 282. Provision 1(h) of the Memorandum of Agreement contemplates a back pay award of one year's salary under the new wage scale, and Provision 1(g) contemplates a longevity pay increase calculated back to fiscal year 2012 -2013 only, which results in a total retroactive cost of approximately $10,000,000.00. When compared to the likely results of interest arbitration awards for the unsettled contract years, the limited retroactivity of this contract is stunning and provides the necessary reserves to finance any increased wage costs not canceled out by the savings achieved through the Union's concessions. The contract costs, less the most conservative savings estimate we could use results in a net surplus from our booked reserves over the life of the contract. The wage costs also start to decrease as the contract term comes to a close and the expensive retirement eligible, top -step Firefighters are replaced by new hires who will wait much longer to achieve the top step (an initial savings of approximately $30,000 per Firefighter per year). ELEMENT #6: END OF EXPENSIVE LITIGATION Over the course of the last fifteen years without a contract, more than 225 grievances, lawsuits, and other proceedings have been commenced between the parties. More than 200 of them remain outstanding. This Memorandum of Agreement contemplates the withdrawal of all such proceedings except for those six listed in Exhibit B (some are combined into one action even though they may bear more than one Index Number). As the typical arbitration of these matters costs the City more than $6,000 in arbitration costs alone, the Memorandum of Agreement contemplates significant litigation cost savings over the life of the contract. We believe that the withdrawal of these matters will result in substantial savings to the City and improve the overall health of City Budgets going forward. CONCLUSION The attached Memorandum of Agreement represents a data and priority- driven approach to contract negotiations and I am proud to state confidently that it paves the way for the long term health and stability of the Buffalo Fire Department and for the City of Buffalo as a whole. The Buffalo Fiscal Stability Authority has unanimously approved this Agreement and verified that it triggers no Budget or Four -Year Financial Plan Amendments. The City Comptroller has determined that it is affordable and will be looked upon favorably by the rating agencies. I therefore, respectfully ask that Your Honorable Body approve the same. Hon. Byron W. Brown Mayor Mr. Smith moved: That the above item be, and the same hereby is returned to the Common Council with a recommendation for approval; That the Memorandum of Agreement between the City of Buffalo and the Buffalo Professional Firefighters Association, Inc., Local 282 IAFF, AFL - CIO, is hereby approved. PASSED AYES 8, NOES 0 FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE OFFICE OF STRATEGIC PLANNING NO. 2 APPROVE LAND DISPOSITION AGREEMENT (LDA) BETWEEN THE CITY OF BUFFALO AND PEOPLE UNITED FOR SUSTAINABLE HOUSING, INC. (PUSH) REDEVELOPMENT OF 99 CHENANGO AND DEVELOPMENT OF 336 -339 MASSACHUSETTS NIAGARA DISTRICT Prior council Reference: Item No 5, C.C.P. 4/3/12 The City has agreed to sell and PUSH ( "Developer ") has agreed to purchase 99 Chenango and 335 & 339 Massachusetts (the "Property "). The Developer has agreed to develop the Property in accordance with the provisions of the attached Land Disposition Agreement ( "LDA "); Developer shall redevelop the single family home located at 99 Chenango and develop two vacant lots located at 335 & 339 Massachusetts into a two family dwelling hereinafter referred to as the "Project ". The entire project consists of 3 sites for a total of 5 apartments (99 Chenango, 335 -339 Massachusetts and a property already owned by PUSH at 582 West Utica). The funds for the project that have been committed are City HOME funds in the amount of $322,817 (only to be used for 335 -339 Massachusetts); Funds from the NYS Sustainable Neighborhood Demonstration Program in the amount of $500,000 and Restore NY funds in the amount of $320,000. PUSH is also submitting an application to the Federal Home Loan Banking NY seeking $17,300 but if they are not able to secure this funding PUSH will cover the gap with other PUSH Funds. Your Honorable Body approved the designation of PUSH as Developer of 99 Chenango for a sale price of Five Thousand Four Hundred Dollars ($5,400) and also for the properties at 335 Massachusetts and 339 Massachusetts for a sale price of Eight Thousand Seven Hundred Dollars ($8,700) for a total sale price of Fourteen Thousand One Hundred Dollars ($14,100). It is agreed that Developer shall execute an Environmental Release and Indemnity Agreement. All provisions contained in said agreement shall run with the land constituting the Property and shall be binding upon Developer and all his successors and assigns as well as upon subsequent purchasers or owners of the Property. The City Planning Office has informed this office that this project was reviewed as per the New York State Environmental Quality Review Act. (SEQRA) and it was determined to be a Type II Action by the City of Buffalo Planning Board. Please be advised that in accordance with New York State Law (N.Y. PVH. Law Section 503) Sale or Lease of Municipal Lands to a Housing Company - Before any sale or lease to a housing company shall be authorized, a public hearing shall be held by the local legislative body to consider the proposed sale or lease. It is now necessary for Your Honorable Body to set a public hearing and to direct the publication of at least a ten day notice before the date set for the hearing in such publication and in such manner as designated by the local legislative body. Said hearing to be marked "Notice of Hearing" and shall be conducted at 2:00 p.m. in the Council Chambers on the 9 th of July 2013. In the interest of time and anticipation that Your Honorable is willing to expedite this matter, I have taken the liberty to prepare a Resolution together with a Notice of Public Hearting for your action. Forwarded separately are the following documents: 1. Resolution setting Public Hearing 2. Notice of Public Hearing 3. Resolution approving proposed transfer After the public hearing is held and providing there are no significant objections, I am recommending that Your Honorable Body approve the attached LDA between the City of Buffalo and PUSH or an entity acceptable to the Executive Director of the City's Office of Strategic Planning to be designated by PUSH in consideration of Fourteen Thousand One Hundred Dollars ($14,100) for the properties located at 99 Chenango and 335- 339 Massachusetts, providing the following conditions are satisfied: 1. Submission by the Developer of a detailed site plan of the Project for approval by the City of Buffalo Planning. Board (if necessary) and construction plans, including landscaping and a breakdown of estimated total project costs, for review and approval by the City. 2. Submission of a colored rendering of the property suitable for presentation to the City Common Council which shall be submitted prior to the Common Council approval of a Land Disposition Agreement. 3. Submission of monthly progress reports by the Developer to the Office of Real Estate by the fifth (5th) of each month, beginning in the month following this designation. 4. Submission by the Developer to the Office of Real Estate of evidence of equity capital and mortgage financing necessary for the completion of the Project which shall be submitted prior to closing. 5. Payment of a designation fee of Two Hundred Fifty Dollars ($250.00) per month ( "Designation Fee ") by Developer to the Office of Real Estate, payable within five (5) days from the date of Common Council approval of the designation and due thereafter by the first (1 st) day of every month. In the event the Developer shall decide to move forward and take subsequent steps to formally acquire the Property pursuant to the LDA to be negotiated by Developer and the City, said Designation Fee shall be applied as a credit towards the Purchase Price. In the event Developer shall not proceed with the acquisition of the Property within the designation period or in the event a mutually satisfactory DLA cannot be agreed upon, Developer shall forfeit all fees paid on account and the City shall retain all such fees, and the Developer shall have no further rights with respect to the Proper 6. Developer is responsible for performing any soil borings and soil investigations and any other tests, investigations, or surveys consistent with, and subject to, prior execution and compliance with Access, Indemnification and Insurance Agreement(s), by each and every Contractor hired by Developer that will access the Property, for the purpose of determining, to Developer's satisfaction, the suitability of the Property for Developer's intended use, and /or the presence or absence of hazardous substances as such term is used in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 USC ss 9601 et seq.; the Hazardous Materials Transportation Act, as amended, 49 USC ss 1801 et seq.; the Resource Conservation and Recovery Act, a amended, 42 USC ss 6901 et seq.; Articles 15 and 27 of the New York State Environmental Conservation Law or any other federal, state, or local law, regulation, rule, ordinance, by -law, policy guidance, procedure, interpretation, decision, order, or directive, existing as of the date hereof, whether previously enforced or subsequently enacted. The Access Agreement and evidence of insurance saving the City of Buffalo harmless from any and all liability must be approved as to form by City of Buffalo's Corporation Counsel's Office and signed by the City of Buffalo prior to any and all contractors accessing the property. 7. The successful negotiation of an LDA for approval by the Common Council no later than twelve (12) months from the date the Common Council approves the designation. 8. The Developer, and /or an entity to be designated by the Developer, must sign an Environmental Release and Indemnification Agreement releasing the City of Buffalo from any and all liability, said document to be in form and substance acceptable to the City in the City's (City's Department of Public Works, Parks & Streets) sole discretion. 9. Upon signing of the LDA there shall be a payment by the Developer to the City's Division of Real Estate, a non - refundable deposit in the amount of ten percent (10 %) of the to be agreed upon Purchase Price. 10. Individuals and /or corporations are ineligible for designation if they have outstanding taxes, water bills, parking tickets, user fee and /or demolition liens or any other liens or debts owed to the City of Buffalo, or if code violations exist on any property owned by them. 11.The City of Buffalo may terminate the designation should the Developer fail to meet any of the deadlines set forth above. Should the City elect to terminate this designation on or before the end of the designation period for failure by the Developer to comply with the above conditions, the City will give written notice to the Developer via certified mail and allow the Developer two (2) weeks to cure. 12. The terms and conditions of the final Land Disposition Agreement shall be substantially similar to those outlined in the attached Land Disposition Agreement. The final draft of the Land Disposition Agreement shall be negotiated to finalization and subject to review and approval of the Executive Director of the City's Office of Strategic Planning, the City of Buffalo Corporation Counsel's Office and the Common Council. Lastly providing there are no significant objections voiced or raised at or from the public hearing to be scheduled, published and held by the Common Council; 1 Authorize pertinent City personnel to take such steps and actions as shall be reasonably necessary to achieve the purpose and objectives of the LDA. 2. Authorize the Mayor to execute the LDA for the city owned properties located at 99 Chenango and 335 -339 Massachusetts in the amount of Fourteen Thousand One Hundred Dollars ($14,100). 3. Authorize the Office of Strategic Planning, Division of Real Estate, to prepare the necessary documents for the transfer of title; and 4. Authorize the Mayor execute the deed and any other necessary closing documents for the transfer of title. CHRISTIE R. NELSON DIRECTOR OF REAL ESTATE OFFICE OF STRATEGIC PLANNING Copy available for review in the City Clerk Office REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 3 AMEND LEASE AGREEMENT BETWEEN CITY OF BUFFALO AND GRASSROOTS GARDENS OF BUFFALO - DELETE FIVE (6) PROPERTIES (1226 FILLMORE, 116 & 117 KOONS AND 20 & 24 MILLER) FILLMORE & MASTEN DISTRICTS In the above referenced item Your Honorable Body approved a lease agreement between the City of Buffalo and Grassroots Gardens of Buffalo, Inc. The lease agreement expired on October 31, 2010 and they are now considered a month to month tenant. The Office of Strategic Planning, Division of Real Estate, received a request from Grassroots Gardens of Buffalo, Inc. to amend their lease agreement to delete the following properties: Address Sponsor 1226 Fillmore Northampton Block Club, Wendell Whitaker 25 Parkside Avenue, Buffalo, NY 14214 115 & 117 Koons B. E.S.T. Community Association Sophie Baj 31 Miller Street, Buffalo, New York 14212 20 & 24 Miller Miller St. Block Club Anthony Gensicki, 17 Miller Avenue, Buffalo, NY 14212 All other terms and conditions of the lease approved by the Common Council on October 3, 2006 for the period of September 1, 2006 through October 31, 2010, shall remain the same. I am recommending that Your Honorable Body approve amending the lease agreement between the City of Buffalo and Grassroots Gardens of Buffalo and delete 1226 Fillmore, 115 & 117 Koons and 20 &24 Miller. Mr. Smith moved: That the above item be, and the above communication from the Office of Strategic Planning, Division of Real Estate, dated June 18, 2013, be received and filed; and That the Common Council hereby approves the amendment to the lease agreement for Grassroots Gardens of Buffalo to delete 1226 Fillmore, 115 Koons, 117 Koons, 20 Miller and 24 Miller from the lease agreement as listed on the June 18, 2013 communication from the Division of Real Estate. PASSED AYES 8, NOES 0 NO.4 UTILITY EASEMENT AGREEMENT NIAGARA MOHAWK (A.K.A. NATIONAL GRID) FOR USE OF CITY OWNED PROPERTY - TIFFT NATURE PRESERVE(SOUTH) The Department of Public Works, Parks & Streets has forwarded the attached proposed easement agreement from National Grid to this office to process accordingly. The City has requested National Grid to relocating the overhead line to make the area more aesthetically pleasing. National Grid has also indicated that there are some lines hanging low near where the public goes fishing. The attached easement services only the Tifft Nature Preserve and no other property. Attached is the proposed easement, diagram of the area, legal description, along with a Utility Rider for Your Honorable Body's approval. The Land Use Planning Committee, the Department of Public Works and the Corporation Counsel's Office were contacted and they had no objections. Therefore, I am recommending that Your Honorable Body approve the attached easement agreement which has been reviewed and approved by the Corporation Counsel. I am further recommending that Your Honorable Body to authorize the Mayor to execute the same. Mr. Smith moved: That the above item be, and the above communication from the Office of Strategic Planning, Director of Real Estate, dated June 18, 2013, be received and flied; and 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 property at the Tifft Nature Preserve to relocate overhead lines; 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 8, NOES 0 FROM THE COMPTROLLER NO. 5 2013 -14 ANNUAL AUDIT PLAN Attached please find the 2013 -2014 Annual Audit Plan. Please feel free to contact me if you have any questions or concerns. Available for review in the City Clerk's Office RECEIVED AND FILED NO. 6 MEMORANDUM OF AGREEMENT BETWEEN CITY AND LOCAL 282 In order to provide the Common Council with an analysis of the fiscal implications of the proposed contract, the Department of Audit and Control has reviewed the Memorandum of Agreement between the City of Buffalo and the Buffalo Professional Firefighters Association, Inc., Local 282 IAFF, AFL -CIO for the period July 1, 2004 to June 30, 2017. After a decade of uncertainty surrounding the City's labor costs, having such a large portion of the workforce under a binding contract would be a credit positive for Buffalo from the perspective of the three major credit rating agencies, Moody's Standard & Poor's, and Fitch. Since the City's ratings with these agencies are the key factors in determining our borrowing costs, removing this uncertainty has the potential to have a positive impact on our finances. We have estimated the total cost of this agreement to be approximately $23 million, an amount that is fully reserved by the City. This estimate was determined by subtracting the estimated financial savings of the agreement, $22 million, from the estimated financial costs, $45 million, which includes $10 million in retroactive pay adjustments. Please be advised that certain unknowns could significantly alter these estimates, particularly the future utilization of overtime, as well as the quantity and timing of both retirements and new hires. However, with the information that is available to us, we have come to the conclusion that this agreement will not have a negative impact on the financial results of the City. To provide greater detail i how we estimated the cost of the agreement, we have broken it down into three components: retroactive pay, financial costs, and financial savings. • Retroactive Pay, $10 million: We expect the retroactive pay adjustment for the period July 1, 2012 to June 30, 2013 will be approximately $10 million. This $10 million is already accounted for as a liability on the books of the City, so it does not represent any additional or unexpected expense. • Financial Costs, $35 million: This estimate can vary significantly depending on future retirements, new hires and employee elections of benefits. Those eligible for retirement receive higher pay and are eligible for more expensive benefit coverage than new employees. For each retiree position filled with a new hire, the reduction in salary, benefits, and pension costs for the City will be approximately $30,000. The $35 million estimate is determined by assuming a retiree pattern consistent with past years. If the rate of retirements increases, the potential costs of this agreement would be reduced. • Financial Savings, $22 million: The potential financial savings of this agreement are the most difficult to quantify. Although it is dear that there will be gains appreciated over the life of this agreement, the actual savings achieved is more easily determined in some aspects of the agreement than others. For example, the elimination of the cosmetic rider and the phasing out of the 901 Traditional Health Insurance Plan will clearly yield a savings, as the City will no longer be required to provide this expensive coverage. These savings will continue to be realized past the life of this agreement, as less retirees will be eligible for the more expensive insurance plans. Conversely, the constraints placed on sick time and overtime are more difficult to quantify. The agreement contains certain incentives for behavior modification, but it is impossible to know if these expected reductions will come to fruition and to what extent. Since there are retirement incentives within this agreement, the City should be prepared for the ramifications of a significant increase in retirements. With approximately half of the department's employees eligible to retire by June 30, 2015, the potential cash payouts of accumulated sick and vacation time could cost the City several million dollars. Also, the reduction in the workforce resulting from increased retirements would have to be addressed and anticipated by the timing of new hires. RECEIVED AND FILED NO. 7 PETTY CASH AUDIT Attached please find the audit report on the Petty Cash Fund. The report includes recommendations to ensure that these funds are spent properly in the future. Copy available for review in the City Clerk's Office 1:7x61:11KJAIN 10111191NOI FROM THE COMMISSIONER OF MANAGEMENT INFORMATION SYSTEMS NO. 8 REQUEST TO DESIGNATE INFOR AS THE SOLE SOURCE CONTRACTOR FOR THE UPGRADE OF THE HANSEN PROJECT FOR THE CITY OF BUFFALO The Department of Management Information Systems asks the Common Council to designate 1 NFOR Corporation as a sole source contractor for the final phase of the upgrade to the Hansen project. The Department of Management Information Systems seeks approval to enter into contract negotiations with 1 NFOR Corporation for the final phase of the Hansen Project for a sum not to exceed $250,000 using the Efficiency Grant funds provided by New York State. These funds approved by the control board expire on July 1st, so we need permission to encumber these funds immediately for the Hansen project. The MIS Department seeks this approval due to the fact that: the Hansen system is already in place, the Hansen system has been used by the City for 13 years, and this is simply an upgrade to the current system. Since 2009, the City has been working to advance the Hansen computer system, provided by the INFOR Corporation, to include more enhanced functionality for departments within City Hall and more online services for the residents of the City of Buffalo. INFOR is currently working with the City to complete this project of building a smarter, more efficient City, and it is in the interest of both parties to accomplish this goal INFOR has demonstrated that they are the sole proprietors of their product and we need to work with them to finish this project that has cost the City nearly $700,000. The INFOR Corporation is the only company that can make modifications to their DynamicPORTAL. Therefore, the new online payments and the Lagan integration can only be done by the INFOR Corporation. We have been working with them directly on and off for 13 years. (at a cost of $1.1 million) and see no advantage or value in bringing in another vendor to work as a middleman at this point. By not going with a new vendor the City saves the time and money already invested in the project, and we save additional costs because a new vendor would have to: conduct studies of the software required to fit our needs, perform the conversion from the current software to a new software, and purchase and implement the new software. For these reasons we ask to be allowed to contract with INFOR directly once again. We have shown that through the state efficiency grant -we have the funds to complete this project. The funds in the efficiency grant will expire in July of this year. INFOR has quoted that they can complete the entirety of this project (including travel and all other miscellaneous charges) for a fixed rate of $249,980.00. They state that if the commences in July of this year, it will be completed by January of 2014. Lastly, we join Mayor Byron W. Brown in our commitment to build a smarter, more productive, and more efficient City that will deliver timely, cost - effective, and the highest quality services to all residents of the City of Buffalo. Mr. Smith moved: That the above item be, and the above communication from the Department of Management Information Systems, dated June 21, 2013, with a recommendation for approval; That the Common Council hereby approves the designation of 1 NFOR Corporation as the sole source provider for Hansen software and authorizes the Department of Management Information Systems to negotiate and enter into a contract, in a sum not to exceed $249,980 with INFOR Corporation for completion of the Hansen municipal management system upgrade for the Department of Economic Development and Permit and Inspection Services, subject to approval as to form by the Corporation Counsel. PASSED AYES 8, NOE 0 FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO. 9 BUFFALO ZOOLOGICAL SOCIETY OF BUFFALO, INC. (THE "ZOOLOGICAL SOCIETY ") SEEKS CITY OF BUFFALO'S SIGN -OFF AND CERTAIN AGREEMENTS WITH REGARD TO A $376,000.00 GRANT TO THE ZOOLOGICAL SOCIETY FROM NEW YORK STATE OFFICE OF PARKS, RECREATION AND HISTORIC PRESERVATION (ENVIRONMENTAL PROTECTION FUND) FOR A ZOO IMPROVEMENTS PROJECT RELATED TO THE ARCTIC EDGE EXHIBIT CCP ITEM 71, OCT. 18, 2011 (RESOLUTION IN SUPPORT OF ZOOLOGICAL SOCIETY'S INITIAL GRANT APPLICATIONS) The Zoological Society is building an Arctic Edge Exhibit at the Zoo. The New York State Office of Parks, Recreation and Historic Preservation (Environmental Protection Fund) has approved $376,000.00 in grant funding to be utilized for the Arctic Edge Exhibit improvements. Because the Zoo is located on City -owned property, one of the conditions to the grant funding is a City of Buffalo Agreement under which the City of Buffalo agrees that the Zoo property improved with the grant funding will not, without prior consent of the State, be sold, leased or otherwise conveyed by the City for use for other than the Zoological Society's use for the Arctic Edge project and park purposes. The City is not required to "up- front" or provide any funding in connection with this grant. For your reference and further background information about the $376,000.00 grant funding related to the Zoo improvements project, I have attached the relevant grant Agreement which the City of Buffalo is being requested to sign -off on as "Guarantor ". I am requesting that your Honorable Body authorize the Mayor to execute the attached Agreement and further that your Honorable Body authorize the Mayor and /or other City personnel to enter into such agreements and other appropriate arrangements and to take all such steps and actions as shall be necessary to facilitate the utilization of the $376,000.00 grant funding for the subject Zoo improvements project. 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 June 20, 2013, be received and filed; and That the Commissioner of the Department of Public Works, Parks and Streets, be, and hereby is authorized on behalf of the City to accept the award Ofa grant, totaling $376,000.00 for the Arctic Edge Exhibit improvements from the New York State Offices of Parks, Recreation and Historic Preservation (Environmental Protection Fund) and that the Mayor is authorized to execute the agreement; that the Mayor and /or other City personnel are authorized to enter into such agreements and other appropriate arrangements and to take all such steps and actions as shall be necessary to facilitate the utilization of the $376,000.00 grant funding for the subject Zoo improvements project. PASSED AYES -8 NOES -0 NO. 10 CHANGE IN CONTRACT KLEINHANS MUSIC HALL HVAC, PLUMBING, FIRE PROTECTION JOB #1273 NIAGARA DISTRICT I hereby submit to your Honorable Body the following changes for Kleinhans Music Hall, HVAC, Plumbing, Fire Protection, MLP Plumbing & Mechanical, Inc, REFERRED TO THE COMMITTEE ON CIVIL SERVICE #93001056 1. Furnish and install new Asco #8044 2" Dia Manual Rest Gas Valve Add $2,408.13 The foregoing changes result in a net increase in the contract of Sixteen Thousand Eight Hundred Eighty Six and 20/100 Dollars($16,886.20) Summary Original Contract Amount $668,000.00 Change Order# 1 $ 16,886.20 Amount of this Change Order( #2) $ 2,408.13 Revised Contract Amount $687,294.33 Costs have been reviewed by Buffalo Engineering, Inc and the Department of Public Works, Parks and Streets and were found to be fair and equitable. Funds for this work are available in 35323106 445100 - Buildings 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 June 18, 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 #2 in the amount of $2,408.13 (Original Contract Amount $668,000.00 + Change Order #1 $16,886.20 + Change Order #2 $2,408.13 for a Revised Contract Amount of $687,294.33) for HVAC, plumbing and fire protection at Kleinhans Music Hall, to MLP Plumbing & Mechanical, Inc., C #93001056. Funds for this project are available in Account #35323106 445100 - Buildings. PASSED AYES -8 NOES -0 NO. 11 1285 MAIN STREET HANDICAP RAMP WITHIN CITY RIGHT OF WAY Mr. William D. Paladino, of Ellicott Development Company, owners of the property located at 1285 Main Street, has requested permission to encroach City Right of Way with a handicap ramp at said address. The proposed ramp would extend 5 feet from the building face and measure 20 feet in length. Approximately ten (10) feet of unobstructed concrete sidewalk would remain after installation. The Department of Public Works, Parks & Streets has reviewed this request pursuant to Chapter 413 -59.1 (Handicapped Access Ramps) of the City Ordinances and has no objection to Your Honorable Body authorizing the Commissioner to issue a "Mere License" for said installation provided the following conditions are met: 1. That the applicant obtain any and all other City of Buffalo permits necessary for installation. 2. That the ramp be installed exactly as shown on plans submitted to and approved by the Department of Permit and Inspection Services. 3. That the ramp be constructed so as not to be permanent in nature. 4. That the applicant supply the Department of Public Works, Parks & Streets with a construction in street bond or certificate of insurance deemed sufficient by the Corporation Counsel which will indemnify and save harmless the City of Buffalo against any and all loss or damage arising out of the construction, maintenance, use and removal of said ramp. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 12 PERMISSION TO ENGAGE SERVICES OF CONSULTING ENGINEER FOR STUDY, DESIGN, BIDDING AND CONSTRUCTION PHASE SERVICES FOR CLEANING AND LINING OF SMALL DIAMETER WATER DISTRIBUTION PIPING AT VARIOUS LOCATIONS I respectfully request that Your Honorable Body authorize the Department of Public Works, Parks and Streets to grant permission to hire KCI /TVGA Consulting Engineers for study, design, bidding and construction phases services for cleaning and lining of small diameter water distribution piping at various locations in the City of Buffalo. This project will result in increased fire flows and residual pressure for residential and commercial customers that are in the project area. The consultant was chosen through a Request for Qualifications (RFQ) process and they will prepare detailed design drawings and specifications. The funds are available in a Division of Water account(s) 53230786 445100, an account(s) to be named at a later date. Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated June 18, 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 KCI /TVGA Consulting Engineers for study, design, bidding and construction phases services for cleaning and lining of small diameter water distribution piping at various locations in the City of Buffalo. The consultant was chosen through a Request for Qualifications (RFQ) process. The funds are available Division of Water account(s) 53230786 445100, and an account(s) to be named at a later date. PASSED AYES -8 NOES -0 NO. 13 PERMISSION TO HIRE CONSULTANT CITY HALL LOW RISE WATER BOOSTER PUMPS EVALUATION AND TESTING ELLICOTT DISTRICT I hereby request that Your Honorable Body authorize the Department of Public Works, Parks and Streets grant permission to hire Cannon Design as a consultant to provide engineering services for the City Hall Low Rise Water Booster Pumps Evaluation and Testing. The cost for consulting services is estimated not to exceed $39,900.00. The funds are available in O &M - Buildings. The consultant has been chosen through a Request for Qualification (RFQ) process. 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 June 18, 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 Cannon Design as a consultant to provide engineering services for the City Hall Low Rise Water Booster Pumps Evaluation and Testing. The consultant has been chosen through a Request for Qualification (RFQ) process. The funds are available in O &M - Buildings. PASSED AYES -8 NOES -0 NO. 14 REPORT OF BIDS YWCA OF WNY, INC. VENTILATION IMPROVEMENTS PROJECT #32- 50204/30 -50202 NORTH DISTRICT I advertised for on April 30, 2013, and received the following formal sealed bids for the YWCA of WNY, Inc., Ventilation Improvements, which were publicly opened and read on May 21, 2013. MLP Plumbing & Mechanical Inc. $72,400.00 3198 Union, Cheektowaga, NY Leo J. Roth Corp No Bid 841 Holt Rd, Webster, NY John W. Danforth Co No Bid 300 Colvin Woods, Tonawanda, NY No Bid 623 Young, Tonawanda, NY Innovative Mechanical Systems I hereby certify that the foregoing is a true and correct statement of all bids received and that MLP Plumbing & Mechanical, Inc., with a bid of Seventy Two Thousand Four Hundred and 00/100 Dollars ($72,400.00) is the lowest responsible bidder in accordance with the plans and specifications. I recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to order on the basis of the lowest responsible bids. Funding for this project is available in CDBG Accounts 32- 50204, 30- 50202, and an account to be named at a later date. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of Public Works, Parks and Streets, dated June 17, 2013, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to enter into an agreement for the YWCA of WNY, Inc. Ventilation Improvements, with MLP Plumbing & Mechanical, Inc., in the amount of $72,400.00. Funds for this project are available in CDBG Accounts #32- 50204, 30- 50202, and an account to be named at a later date. PASSED. AYES -8 NOES -0 NO. 15 REQUEST TO PURCHASE EQUIPMENT Purchase one 18'4 Ton Equipment Trailer with; Landscape Ramps, Spring Assist And "D" Rings Options, and standard features listed. $ 4,200.00 General Welding & Fabrication (Dealer) 991 Maple Road Elma, NY 14059 TOTAL $4,200.00 Funds Out Of: Bond Fund 36400216- 445100 These are to replace Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Street, dated June 19, 2013, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to purchase one (1) 18' 4 -ton equipment trailer with landscape ramps, spring assist and "D" rings options, and standard feature. Funds are available from Bond Fund #36400216- 445100. PASSED AYES -8 NOES -0 NO. 16 APPOINT SPECIAL ASSISTANT TO THE COMMISSIONER(EXEMPT)(HEIDINGER) Appointment effective 06/14/2013 in the Department of Public Works, Parks and Streets, Division of Engineering to the Position of Special Assistant to the Commissioner, Exempt, at the Flat Salary of $36,212.00 Nicholas Heidinger, 153 Hamburg St, Buffalo, NY 14204 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 17 APPOINT TRUCK DRIVER(PERM)(INTER)(VANCE JR) Appointment effective 06/12/2013 in the Department of Public Works, Parks and Streets, Division of Streets to the Position of Truck Driver, Permanent at the Intermediate Salary of $24,341.00 Kevin Vance, Jr, 1290 Delaware Apt 8G, Buffalo, NY 14209 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 18 APPOINT SUPERVISOR OF STREET SANITATION I(PROV)(MAX) Appointment effective 06/17/2013 in the Department of Public Works, Parks and Streets, Division of Streets to the Position of Supervisor of Street Sanitation I, Provisional at the Maximum Salary of $41,380.00 Joseph Mazur, 3246 Nash Rd, Hamburg, NY 14075 FROM THE COMMISSIONER OF POLICE NO. 19 BUFFALO POLICE DEPARTMENT ON BEHALF OF CITY DIVISION GRANTS SECTION JUSTICE ASSISTANCE GRANT PROGRAM RENEWAL - YEAR 9 ITEM #32, C.C.P. 05/01/12 As you are aware, the US Department of Justice initiated funding under the Justice Assistance Grant (JAG) Program, which combined the Byrne Formula Grants and Local Law Enforcement Block Grant Programs. JAG serves as the single funding mechanism for the administration of these grants and over the last eight (8) years, the City has been a partner with the County of Erie, City of Lackawanna, Towns of Amherst, Cheektowaga, Tonawanda, and West Seneca and has served as the grant applicant and fiscal agent so that the City could retain at least the majority share of funding. This year, for the 9 th year of funding, the Bureau of Justice has certified that the City of Buffalo is in a funding disparity with the County of Erie and therefore, we must submit a JOINT application for the aggregate of funds allocated to this area. Unfortunately for all, the award for this year, 2013 JAG Year 9 has been cut by 12.3% when compared to last year, (from $351,198 to $308,062) which is not as bad as a couple years ago, when it was cut over 67 %. The City /County of Erie must agree on this effort or no one gets the funding. We have successfully negotiated this effort by retaining minimal funds for the juvenile prosecutor. This year's application must be submitted by July 9, 2013. In order to file the grant application, which requires notification of the Applicant /Fiscal Agent's governing body, of which the City serves as, we are notifying you as a mandated requirement by the —Feds" under this application process. At this time, we are notifying you that the City of Buffalo, with your permission, will be accepting the funds totaling $308,062 and distributing them [which will be outlined in a Memorandum of Understanding) to each participating entity as follows: City of Buffalo: $297,749 County of Erie: $10,313 Unlike in previous years, under regular JAG, Lackawanna and West Seneca received ZERO, however, they were partners with the City earlier this year when all were getting Stimulus funds, but that grant has now ended. This year, Cheektowaga is no longer our partner as they have been over the last (4) years, however, like Amherst and Tonawanda they now receive direct funds this year based on the crime formula. Any law enforcement or justice initiative previously eligible for funding under LLEBG or Byrne funding is encouraged to be continued and eligible for funding under JAG. The City's allocation will continue to fund initiatives previously funded under the Local Law Enforcement Block Grant such as: Office of Citizen Services: $106,500(which funds Save our Streets Program, Clean Street Sweeps, Citizen Participation Academy, Citizen Services Project Management; the Department of Community Services will receive a total of $ 63,000 and will direct some of these funds to continue with Drug Court activities, as well as two (2) youth intervention /prevention programs: Code of Conduct and Anti Crime. As stated above, the Buffalo Police funding will include the $32,000 to continue partial funding for the Juvenile Prosecutor in the District Attorney's Office and $96,249, which will be dedicated to overtime (gang suppression, large summer events, bike patrols, curfew, quality of life selected enforcement activities, also, homeland security protection since we lost homeland security overtime funding, and other directed enforcement activities). The feds require a governmental review from the "fiscal" agent, which is the City of Buffalo, p rior to the submission of this application. In addition, we were just recently notified about the submission for this renewal. We had to negotiate and come to terms with other partners as part of this complex grant process before we could present this information to your Honorable Body. Again, we must have your approval as we prepare for the acceptance and spending of these funds. If you have any questions, please contact Captain Mark Makowski or Maureen Oakley of our Grants Section at 851 -4475. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of Police, dated June 13, 2013, be received and filed; and That the Commissioner of Police, be, and hereby is authorized on behalf of the City of Buffalo to accept a grant, totaling $308,062.00, from the Justice Assistance Grant (JAG) Program which will be distributed as follows: City of Buffalo - $297,749.00 and County of Erie - $10,313.00. PASSED AYES -8 NOES -0 NO. 20 PERMISSION TO DONATE USED BICYCLES We are submitting this proceeding to get the Council's permission for the Buffalo Police Department to donate ten (10) used bicycles to On the Job Ministries, a non - profit organization that focuses on providing economic development resources to under - resourced members of the West Side Community. On the Job Ministries operates two (2) small businesses: New to You Thrift Store, and the Westside Wheels Bike Repair Shop, where they train and employ approximately 25 -30 youth annually. Westside Wheels provides opportunities for young men to develop bike repair skills and through the program, learn skills and behaviors needed to successfully retain employment. Donating bikes to this worthy organization will allow the young men to learn how to build and repair a bike and how to provide a tune -up. The bikes that will be donated are unclaimed property by individuals who were arrested or stolen property that has been unclaimed by the owner, which would normally be sold at auction. We are respectfully requesting that your Honorable Body authorize the Buffalo Police Department to donate ten (10) used bicycles to On the Job Ministries that will provide the opportunity for youth in our community to secure work experience and mechanical job skill development for future employment. If you require additional information, please do not hesitate to contact Inspector Joseph Strano at 851 -4879. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Buffalo Police Department, dated June 7, 2013, be received and filed; and That the Common Council hereby grants permission to the Commissioner of the Buffalo Police Department to donate ten (10) used bicycles to On the Job Ministries, a non - profit organization that focuses on providing economic development resources to under - resourced members of the West Side Community, and provides the opportunity for youth in the community to secure work experience and mechanical job skills development for future employment. PASSED AYES -8 NOES -0 NO. 21 APPOINT CHIEF(PROV)(MORAN) Appointment effective June 15, 2013 in the Department of Police, Division of Patrol to the Position of Chief, Provisional at the Flat Salary of $93,715.00 Thomas Moran, 172 McKinley Pkwy, Buffalo, NY 14220 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT & INSPECTION SERVICES NO. 22 FLEA MARKET -660 OHIO STREET AKA 710 OHIO ST(SOUTH) Pursuant to Chapter 254 of the City of Buffalo Ordinances please be advised that I have examined the attached application for a Flea Market located at 660 Ohio aka 710 Ohio 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 Daryl Toporek. The attached thereto for Daryl Toporek d /b /a /Raw Bones Antiques & Restoration. This request is submitted for your approval or whatever action you deem appropriate. Flea Market - New - 660 Ohio a /k/a 710 Ohio (South)(EDPI) Mr. Smith moved: That the above item be, and the above communication from the Commissioner of Permits and Inspection Services, dated June 17, 2013, be received and filed; That pursuant to Chapter 254 of the City of Buffalo Ordinance, the Commissioner of Permits and Inspection Services be, and hereby is authorized to issue a Flea Market license to Daryl Toporek d /b /a Raw Bones Antiques & Restoration, located at 660 Ohio aka 710 Ohio. PASSED AYES -8 NOES -0 NO. 23 SECOND HAND DEALER 212 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 Second Hand Dealer License located at 212 Grant St 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 Aung Kaung Myat. The attached thereto for Aung Kaung Myat d /b /a /IT GARDEN LLC. 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 Jane 19, 2013, be received and filed; and That pursuant to Chapter 254 of the City Code, the Commissioner of the Department of Economic Development Permit and Inspection Services be, and he hereby is authorized to grant a Second Hand Dealer License to Aung Kaang Myat d /b /a It Garden LLC located at 212 Grant Street is hereby approved. PASSED AYES -8 NOES -0 NO. 24 USED CAR DEALER 1225 SYCAMORE (FILLMORE) 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 1225 Sycamore 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 Brenetta Mixon. The attached thereto for Brenetta Mixon /dba /B. P GLOBAL FUNDS INC. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION FROM THE COMMISSIONER OF HUMAN RESOURCES NO. 25 CONTRACT POMCO GROUP WORKERS COMPENSATION & INJURED ON DUTY(POLICE /FIRE) The Division of Compensation and Benefits formed a Committee for the purpose of reviewing all potential proposals for Workers' Compensation and GML 207 Injured On Duty (Police /Fire) for general liability risks. The Department of Human Resources /Division of Compensation & Benefits respectfully requests authorization from the Common Council to enter into contract with Pomco Group. The proposed contract will begin upon approval of the Common Council. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of Human Resources, dated June 20, 2013, be received and filed; and That the Common Council hereby authorizes the Department of Human Resources /Division of Compensation and Benefits to enter into an agreement with POMCO for workers' compensation and injured on duty claims management and consulting services. PASSED AYES -8 NOES -0 FROM THE CITY CLERK NO. 26 LIQUOR LICENSE APPLICATIONS Attached hereto are communications from persons applying for liquor licenses from the New York State Division of Alcohol Beverage Control Board. Address Business Name Owner's Name 301 Franklin St Dinosaur BarBQue Dinosaur Restaurants Inc. 1598 Bailey Ledgendz Bar & Grill Gerald Marks 1516 Niagara Rascals on Niagara Rascals on Niagara 73 Hamburg St Gene McCarthy's Brewery & Kitchen Old First Ward Brewing Co.. ZBC RECEIVED AND FILED NO. 27 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- Patrick Pascall. Kelly Gattuso. Sandra Smith, Gisele Murphy RECEIVED AND FILED. NO. 28 REPORTS OF ATTENDANCE I transmit herewith communications received by me, from the various boards, commissions, agencies and authorities reporting the membership attendance at their respective meetings: Buffalo Sewer Authority RECEIVED AND FILED NO. 29 NOTICES OF APPOINTMENTS - COUNCIL INTERNS I transmit herewith appointments to the position of Council Intern. Mr. Fontana moved the approval of the appointments to the position of Council Intern. ADOPTED. Certificate of Appointment Appointment effective June 24, 2013 in the Department of Common Council Division of City Clerk to the Position of Intern VI Unclassified Non - Competitive Flat Starting salary of $10.00 Robert Castro, 303 Jersey Street, Buffalo 14201 John Wagner, 108 Peabody Street, Buffalo 14210 Mara Kline, 128 Coolidge Rd, Buffalo 14210 Tyree Parker, 351 Northumberland, Buffalo 14215 Suzanne Starr, 279 North Park Ave Upper, Buffalo 14216 NO. 30 NOTICES OF APPOINTMENTS - SEASONAL /FIAT I transmit herewith certificates received by me, reporting seasonal and flat salary appointments made in various departments. RECEIVED AND FILED. CERTIFICATE OF APPOINTMENT Appointment effective 06/14/2013 in the Department of Public Works, Parks and Streets, Division of Parks to the Position of Laborer II, Seasonal at the flat salary of $12.47/hr Allison Mendolera, 383 Fargo Ave, Buffalo, NY 14213 Brandon Santiago, 175 15 Street, Buffalo, NY 14213 Patrick Isch, 317 Woodside Ave, Buffalo, NY 14220 CERTIFICATE OF APPOINTMENT Appointment effective 06/24/2013 in the Department of Public Works, Parks and Streets, Division of Parks to the Position of Lifeguard, Seasonal at the flat salary of $12.47/hr Jamir Walker, 235 Schuele Ave, Buffalo, NY 14215 Shaquelle Walker, 235 Schuele Ave, Buffalo, NY 14215 September Williams, 158 Havard PI, Buffalo, NY 14209 Julie Wozniak, 5 Wildwood PI, Buffalo, NY 14210 Chelsea Zakowski, 70 Good Ave, Buffalo, NY 14220 Mackenzie Zakowski, 70 Good Ave, Buffalo, NY 14220 Alexandra Zarbo, 1726 South Park Ave, Buffalo, NY 14220 Kail Zuppinger, 51 Englewood Ave, Buffalo, NY 14220 Brittany Allen, 151 W. Woodside Ave, Buffalo, NY 14220 Brett Andersen, 149 Montrose Ave, Buffalo, NY 14214 Marisol Angeles, 192 Lafayette Ave, Buffalo, NY 14213 Noah Atkisson, 52 Casenovia St, Buffalo, NY 14220 Nicholas Borkowski, 76 Fredro St, Buffalo, NY 14206 Justin Blake, 62 Whitfield Ave, Buffalo, NY 14220 Doninique Brown, 144 Durham Ave, Buffalo, NY 14216 Christopher Capone, 187 Weimer St, Buffalo, NY 14206 Jillian Casey, 27 Evelyn St, Buffalo, NY 14207 Ilon Crittenden, 55 Colfax Ave, Buffalo, NY 14215 Alyssia Cruz - Jackson, Buffalo, NY 14201 Kevin Cully, 92 Shenandoah Rd, Buffalo, NY 14220 Victoria Damaro, 525 Auburn Ave, Buffalo, NY 14220 Peter DeJesus, 99 Albert Ave, Buffalo 14207 Olivia Dugan, 114 Coolidge Rd, Buffalo 14220 Ahmed Elbaneh, 391 Mackinaw St. Buffalo, 14210 Aniesa Elbaneh, 391 Machinaw St, Buffalo 14210 Joseph Ferguson, 67 E. Morris Ave, Buffalo 14214 James Gallivan, 230 Tacoma Avenue, Buffalo 14216 Ariana Gonzalez, 80 Page St. Buffalo 14216 Brianne Grochala, 337 Eden St. Buffalo 14220 Emma Hartman, 169 Como Avenue, Buffalo 14220 Milagro Herrera, 270 Breckenridge, Buffalo 14213 Gaibreal Hillyard, 151 Hamburg St. Buffalo 14204 Evan Hughes, 49 Wellington Rd. Buffalo 14216 Brittany Jaeckle, 308 Esser Avenue, Buffalo 14207 Nathan Klein, 37 Rounds Avenue, Buffalo 14215 Tiffany Kobee, 295 North Drive, Buffalo 14216 Joshua Koester, 147 Royal Avenue, Buffalo 14207 Brenda Laborgne, 35 Fuller St, Buffalo 14207 Christian Leal, 16 Calumet PI., Buffalo 14207 Precious Lugo, 334 Weimer St. Buffalo 14206 McKenzie McMahon, 40 Kenefick Avenue, Buffalo 14220 Cindy Mierzwa, 131 Ladner Avenue, Buffalo 14220 Ashley Murdoch, 105 Bazter St., Buffalo 14207 Justine Myke, 39 Helen St., Buffalo 14213 D'Andre Nicholas, 8 West Cleveland Dr. Buffalo 14215 Brandon Nieves, 38 Plymouth Ave., Buffalo 14201 Sean Overdorf, 122 Turner Avenue, Buffalo 14220 Cristal Pacheco, 925 Niagara St. Apt 1, Buffalo 14213 Shane Palistrant, 26 Meyer Avenue Buffalo 14207 Brittany Fenders, 59 Ramona Avenue, Buffalo 14220 Savanna Pereyla, 175 Normal Avenue, Buffalo 14213 Alan Ring, 40 Minnetonka Rd., Buffalo 14220 Greta Rizzo, 150 Goethe, Buffalo 14206 Edgar Rodriguez, 26 Argus St, Buffalo 14207 Linorah Rodriguez, 99 Seymour St. Buffalo 14210 Timothy Ryan, 182 McKinley Pkwy, Buffalo 14220 Alexander Sanchez, 79 Marine Drive 8E, Buffalo 14202 Eduvijez Sanchez, 79 Hampshire St. Buffalo 14213 Elijah Serrano, 548 Plymouth, Buffalo 14213 Luis Soto, 164 Camden Avenue, Buffalo 14216 Lidia Stampone, 281 Abby Street, Buffalo 14220 Elizabeth Staniszewski, 128 Norman Avenue, Buffalo 14210 Brazil Thompson, 55 Cofax Avenue, Buffalo 14207 Sahun Woods, 2289 Seneca St. Buffalo 14210 Carolann Walters, 92 Linden Avenue, Buffalo 14214 Zachery Withey, 125 Ideal, Buffalo 14206 Margaret Scherer, 55 Kenefick, Buffalo 14220 Anthony Torres, 141 Page St., Buffalo 14207 Meegan Petrucci, 89 Red Jacket Pkwy, Buffalo 14220 Kathleen Scherer, 55 Kenefick, Buffalo 14220 Caitlyn Miller, 373 Eden St., Buffalo 14220 Megan Morcio, 102 South Pierce St. Buffalo 14206 Kristen McMahon, 112 Elgas St., Buffalo 14207 Maura McMahon, 49 Turner Ave, Buffalo 14220 Jael -Yusef Johnson, 30 Janice St., Buffalo 14207 Kristen Lemki, 42 Minton St., Buffalo 14210 Aidan Gould, 3 Willink Ave, Buffalo 14210 David Gzyl, 157 Longnecker St. Buffalo 14206 Antoini Cicelsce, 31 Marine Dr. Apt 12A, Buffalo 14202 Conor Gilson, 188 Tuscarora Rd., Buffalo 14220 Ashley Barc, 25 Barnard, Buffalo 14206 Madeleine Burns, 58 Arlinton Place, Buffalo 14201 CERTIFICATE OF APPOINTMENT Appointment effective 06/24/2013 in the Department of Public Works, Parks and Streets, Division of Parks to the Position of Supervising Lifeguard, Seasonal at the flat salary of $12.47/hr Kasia Williams, 454 Dartmouth, Buffalo 14215 Melissa Woodard, 7 Heussy Ave., Buffalo 14220 Amanda Goner, 572 Potomac Ave. Apt. 5, Buffalo 14222 Danielle Polniak, 201 South Ogden St., Buffalo 14206 Janel Anthony, 189 Winspear Avenue, Buffalo 14215 Daniel Clark, 224 Saranac Avenue, Buffalo 14216 Chelsea Gabamonte, 134 Military Rd., Buffalo 14207 Otuken Gildo, 38 Paige St. Buffalo 14207 Liana Rodriguez, 144 Riverside, Buffalo 14207 Katherine Ryan, 182 McKinley Pkwy, Buffalo 14220 Jessica Tunis, 104 Fillmore Avenue, Buffalo 14210 Elizabeth Vogl, 24 Wildwood PI, Buffalo 14210 Gaetano Capodicasa, 434 Seneca St., Buffalo 14204 Christopher Petrella, 1180 Amherst St., Buffalo 14216 David Moran, 171 Cantwell, Buffalo 14210 Taylor Sittniewski, 99 Kelburn St, Buffalo 14206 James Wozniak III, 5 Wildwood PI, Buffalo 14210 Teela Gajewski, 223 Ashley St., Buffalo 14212 Matthew Paxqualetti, 72 Cumberland Avenue, Buffalo 14220 NO. 31 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 06/10/2013 in the Department of Police, Division of Communication to the Position of Public Safety Dispatcher, Permanent, Appointment, Minimum starting salary of $24,212 James M. Wozniak III, 5 Wildwood Place, Buffalo 14210 Samuelle L. Thomas, 157 Langfield Drive, Buffalo 14215 CERTIFICATE OF APPOINTMENT Appointment effective 06/10/2013 in the Department of Public Works, Parks and Streets, Division of Parks to the Position of Community Recreation Aide, Permanent, Appointment, Minimum starting salary of $34,402 Paul Mann, 135 Whitfield Ave, Buffalo 14220 CERTIFICATE OF APPOINTMENT Appointment effective 07/1/2013 in the Department of License, Division of Permit & Inspection Services on to the Position of Clerk, Permanent, Appointment, Minimum starting salary of $30,507 Tasha Collier, 410 Olympic Avenue, Buffalo 14215 CERTIFICATE OF APPOINTMENT Appointment effective 06/24/2013 in the Department of Call and Resolution Center, Division of Citizen Services to the Position, Complaint Clerk, Permanent, Appointment, Minimum starting salary of $30,507 Angela Preston, 16 Domedion Avenue, Buffalo 14211 NO. 32 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 07/8/2013 in the Department of Parking, Division of Parking Violations Bureau to the Position of Junior Traffic Clerk, Temporary, Open Competitive, Minimum starting salary of $33,507 Samantha Y. Pearce, 229 Berkshire Avenue, Buffalo 14215 NON - OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON - OFFICIAL COMMUNICATIONS NO. 33 C. LEHNER- PERMISSION TO PURCHASE COMPUTER - SERIAL #BFX -WW147 To Members of the Common Council 1, Christine A. Lehner request permission to purchase an obsolete computer from the Division of Management Information Systems. The Serial number is BFX -WW1 47 and the Cost is $15.00. Thank You. Yours truly, Christine A. Lehner Mr. Smith 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 request from Christine A. Lehner to purchase an obsolete computer from the Division of Management Information Systems, serial number BFX -WW 147, for $15.00. PASSED AYES 8, NOES 0 NO. 34 S. NORRIS- SYMBOLIC DECLARATIONS FOR BFLO ORIGINAL HOME OF CHICKEN WING AND DYNGUS DAY PARADE, ALSO MOTION FOR PEACE BRIDGE PRECLEARANCE PROG I would like to add these 3 matters for council's consideration at upcoming meeting to be docked in: 1. A symbolic declaration to the effect that: "Buffalo should hereby pronounced as the original home of the chicken wings ". -( with touristic promotion of the implications) 2. Another declaration affirming Buffalo's Dyngus Day as the original DD parade. "Buffalo is the first city in the nation to start Dyngus Day parade; therefore, it shall be known as the 'founding city of the Dyngus Day in America "'. (Tourism implications as well). 3. An operative, executive motion, pertaining to the Peace Bridge Preclearance Pilot Program and its potential effect for city residents in the West City: "Whereas both Canada and the United States have committed to embark on a pilot project to move the truck inspection plaza for the American Plaza into Fort Erie, Canada; and whereas the move would divert the truck line -up from Buffalo into Canada, taking away polluting trucks in the process; and whereas the move thereby eliminates the damaging effects suffered by West Side residents and Busti Avenue dwellers; and despite the (blessed) move by the assembly to deprive the corporate status of the Peace Bridge Authority in New York State; be it resolved that the City of Buffalo's Common Council gives it consent for alleviating truck traffic by supporting the move to preclear US -bound trucks in Canada ". Steve Norris 353 Hoyt St. Buffalo NY 14213 RECEIVED AND FILED NO. 36 D. PRIDGEN -H. HILL - COMMUNITY GARDEN VIRGINIA & MULBERRY STS I would like to file the attached information for the next Common Council meeting to be held on June 25, 2013. Thank You, Darius G. Pridgen Ellicott District Council Member Harvil and Sandy Hill 99 Mulberry Street Buffalo, NY 14204 Dear Councilmember Pridgen, We have attached a letter recently sent to Mayor Brown. We hope to have your support as we try and stop the short sighted placement of only town house rentals in the Fruit Belt neighborhood. We would also like our community garden (Virginia and Mulberry Streets) to be returned and rebuilt so that it can stand for the voice of the people in the Fruit Belt. We would like this complaint to be filed and to become part of the public record. Sincerely, Harvil Hill REFERRED TO COMMITTEE ON COMMUNITY DEVELOPMENT NO. 36 D. PRIDGEN -D. KAMINSKI- RESPONSE PEDESTRIAN SAFETY AT THE 1 -190 RAMPS I would like to file the attached information for the next Common Council meeting to be held on June 25, 2013. Thank You, Darius G. Pridgen Ellicott District Council Member Dear Mr. Cornwell: Thank you for your recent letter notifying us that the City of Buffalo Common Council adopted a resolution regarding Pedestrian Safety at the 1 -190 Ramps at Church and Bingham Streets within the City of Buffalo near the Adam's Mark Hotel. We have received the resolution and are reviewing it and the requirements for this area in regards to pedestrian safety. We will advise you of our review once it is completed. You may contact me at 847 -3238 or Joe Buffamonte at 847 -3249 if you have any questions or comments. Thank you again for your continued interest in our capital program of projects. Sincerely, Darrell F. Kaminski; P.E. Acting Regional Director NYSDOT REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT. NO. 37 D. SMITH - TESTIMONY PROVIDED BY L. NATHAN HARE COMMUNITY ACTION ORGANIZATION OF EC SPEC COMM ON ED Testimony Provided by L. Nathan Hare, President /CEO - Community Action Organization of Erie County Special Committee on Education Thursday, June 13, 2013 at 2:30 PM The "No Child Left Behind Act" in Title 34, Subtitle B, Chapter II, Part 200, Subpart A of the federal education law provides that every student enrolled in a failing school, who wishes to transfer to a non - failing school, must have that opportunity. This month, the New York State Education Department ruled that the Buffalo Public School District is not in compliance with state and federal requirements that allows students to transfer out of a priority or a persistently low achieving school into a good standing one. The district has until June 30th to come up with a new plan for student transfers (Igoe, 2013). 45 out of the 57 Buffalo District schools are considered to be low- performing by the state. "In theory, this means that the parents of more than 27,000 children - out of an overall district enrollment of 34,700 students - are entitled to have their children transferred to a school that is not on the state's watch list" (Tan, 2013). Frances B. Wilson, the district's chief academic officer, said Tuesday, June 4 h, that the district has done the best it could. "At the time that all of this occurred, we couldn't honor the requests, and we didn't see other options that were viable for us to use," she said (Tan). In response to the state determination, Buffalo Schools Superintendent, Dr. Pamela C. Brown, stated, "We are reviewing the information provided by the state in determining how to best address the state's expectations for the development of a corrective action plan for the 2013 -14 school year." Wilson said that nothing is off the table for consideration as a solution. The crafting of a corrective action plan has already started and will be complete by the state's deadline of June 30 th, "We're going to look at all the options," she said (Tan). Repeatedly, we have heard those in positions to effect change assert that they want to see all of the Buffalo Schools become schools in good standing. In the meantime, however, year after year, as many as 80% of the District students continue to be mired in low performing schools. The No Child Left Behind Act provides within the legislation that has been around for 11 years, the following options: 1. Charters: Simply closing and reopening as a public charter school 2. Staff Replacement: Replacing school staff, including the principal, "relevant" to the failure 3. Contracting: Contracting with an outside entity to operate the school 4. State Takeovers: Turning school operations over to the state educational agency 5. Other: Engaging in another form of major restructuring that makes fundamental reforms 60 Additionally, Districts could send students to other cooperating public school districts and send the same per- student funding that would have gone to a charter school to the other school district; or the District could send students to a cooperating private or other parochial school on the same funding basis. In other words there have been, and exist today, many options that would solve these problems for the students. Those solutions, however, appear not to be in the interests of large and influential cadres of adults. As the President and CEO of the Community Action Organization of Erie County, and the Chairperson of the United Black Men's Think Tank, I, in association with others, want to work with the Buffalo School District to rescue as many students as possible immediately, and to create a strategic platform to eliminate the existence of low performing schools in the future. Below is a basic idea framework of the kinds of immediate actions we can and should undertake: A. Institutional Reform The Buffalo District can use the transformation of failing schools into District - licensed charter schools. Buffalo can transform the 9 lowest performing schools each of the next five years, unless a particular school lifts itself into being a school in good standing. This would solve the immediate issue of space for honoring student transfer requests. Over this five year period, Buffalo would have no failing schools, and could completely reconstruct its educational models using existing best practices. 1. Buffalo can require its teachers to man 3 hours of after - school academic support or enrichment activities using 3 of the 6 "office" hours for which teachers are currently paid. 2. Buffalo can move to a Mastery Education model through which immediate to 48 hour remediation is provided to any student who persons at less than a "B- grade" level on any academically scored instrument. 3. Buffalo can provide a regimen of after - school programs at every school including two or more sections each of homework -help, English Language Arts development, Math skills development, and course - specific tutorial instruction. The sessions would be held immediately following the school day. Additionally, academic enrichment and extra- curricular activities would be provided from 4 - 6pm, framed around students' interests. 4. Buffalo can pilot the use of Single- gender classrooms, beginning in the fourth grade with the idea of reducing class distractions and enabling socially adapted instruction. 5. Buffalo can begin the process of connecting schools to the communities in which they reside by returning to schools in which 80% of the students are within walking distance for the students. 6. Buffalo has already begun developing the infrastructure of a dynamic parent engagement program, framed around an office of parent involvement and parent facilitators at each school. Buffalo can strengthen this program by increasing the hours the initiative is staffed by a parent facilitator, involve parents in school -based orientations and quarterly information sharing, and immediate services to address deportment and absenteeism problems. B. City -wide promotion of the development of Buffalo into a Say Yes to Education Community C. Work through the churches, community -based organization and students' family and friend networks to identify a "Say Yes to the Future" mentor for every 10 students in the District to coach every student to achieve tuition -paid entry into a college or vocational certification program. D. Assemblywoman Crystal Peoples- Stokes will merge her 2020 initiative with this mentoring initiative. E. Work with the churches and community -based groups to create "Are you in line for your future" events and activities to promote children staying on track to reach this goal. References: Hassel, B.C. "Restructuring: What We Know About the NCLB Options." Center on Innovation and Improvement. Retrieved from: www. centerii. org/.../ Hassel %20Presentation %20W hat %20Works %20W h ... Igoe, Kyla (2013). Buffalo Public School District Must Change Transfer Policy. Buffalo News, June 7, 2013. Updated Jun 7, 2013 at 12:24 AMEDT http: / /www.wkbw. corn /news /local /Buffalo - Public- S chool- District - Must - Change- Transfer - Policy- 210519061.html Tan, Sandra (2013),School district struggles over state ruling on students' right to transfer. Buffalo News, June 4, 2013. Retrieved from:http: / /www.buffalonews.com /apps /pbcs.dll /article ?A1 D= /20130604 /CITYAN DREGION/130609663/1010 REFERRED TO THE SPECIAL COMMITTEE ON EDUCATION NO. 38 J. WAGNER- OPPOSE EXPANSION OF TONNAGE OR EXTENSION OF HOURS - BATTAGLIA CONST Opposition of the expansion of hours and tonnage for Battaglia Construction & Demolition Co., Inc. Good Afternoon! My name is John W. Wagner, I am a life -long resident of Peabody Street in the Seneca - Babcock neighborhood, of the City of Buffalo. We the residents of Peabody street, face another summer filled with dust, noise diesel fumes and a never - ending convoy of trucks coming to and from this facility, at times numbering 45 an hour. This is not a safe operated facility. Trucks constantly jump the curbs, crushing it and the surrounding sidewalks at the intersection of Scathard Place & Peabody St. The trucks constantly speed up & down Peabody street. They ignore the stop signs at the intersections at Scatchard PI. & Seneca Street. Breathing is a major problem due to the constant blowing of dust & dirt. We are held hostage to our homes and are unable to enjoy our yards and gardens. The whole area is constantly blanketed in dust. The traffic that travels down Peabody Street disks dust 10' into the air. From the moment this facility opens to the time it closes, Peabody Street vibrates from the pounding & crushing of the machines. The serenade of back -up beacon's resonates throughout the whole day. Peabody Street which is a 5 ton limit street, was resurfaced in September 2004 due to the increased traffic at the time. Now it is once again crumbling under the weight of the trucks. We the residents of Peabody Street lack little in quality of life, and what is left is being stripped away by Battaglia Construction & Demolition Co., Inc. I now voice my opposition to any expansion of tonnage or hours of operation. We ask for your help & we need it now. Thank you John W. Wagner RECEIVED AND FILED REGULAR COMMITTEES CIVIL SERVICE (BONNIE E. RUSSELL, CHAIRPERSON) NO. 39 APPOINT WTR DISTRIBUTION SUPERINTENDENT (PROV)(INTER)WOLASZ, JR)(PW) CCP# 51, 06/11 Mrs. Russell moved That Communication 51 of June 11, 2013, be received and Filed and that the Provisional appointment of Michael Wolasz Jr, 409 Woodbridge Ave, Buffalo, NY 14214 to the Position of Water Distribution Superintendent, Provisional, Open Competitive at the Intermediate Salary of $59,948.00(Step 3) is hereby approved PASSED AYES- 8 NOES- 0 NO. 40 NOTICES OF APPOINTMENTS - TEMP /PROV /PERM CCP #61, 06/11 Mrs. Russell moved That the above item be the same and hereby is Received and Filed ADOPTED COMMUNITY DEVELOPMENT (JOSEPH GOLOMBEK, JR., CHAIRMAN) NO. 41 C. SCANLON -M. KEARNS -REQ TRAILBLAZING SIGN IN HONOR OF MARGARET NIGRELLI PASSED AYES 8, NOES 0 ITEM RECALLED FROM THE MAYOR - RESOLUTION REQUIRED FOR TRAILBLAZING SIGN NO. 42 REPORT OF SALE - 550 SEVENTH (E11)(STRAT PLAN) (ITEM NO. 3, 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 offer from Mr. Neil Lefort of 196 Oliver Street, North Tonawanda, New York 14120, in the amount of Six Hundred Dollars ($600.00) for the purchase of 550 Seventh, be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES 8, NOES 0 LEGISLATION (DARIUS G. PRIDGEN, CHAIRMAN) NO. 43 D. DICIOCCIO, OWNER, TO USE 149 ELMWOOD FOR AN OUTDOOR PATIO ON THE CITY RIGHT -OF -WAY IN THE ELMWOOD AVENUE SPECIAL DISTRICT (ELL)(DPIS) (ITEM NO. 83, C.C.P., JUNE 11, 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 D. DiCioccio, Agent of 149 Elmwood, to place an outdoor patio on the City right -of -way in the Elmwood Avenue Special District subject to Planning Board review and conditions that there be no outdoor music, that tables be bused from within the establishment, that there be no open outdoor trash containers and that the patio close at 10:00 p.m. weekdays and 11:00 p.m. weekends. PASSED W /COND AYES 8, NOES 0 NO. 44 W. CASALE, AGENT, TO USE 391 WASHINGTON FOR AN OUTDOOR PATIO IN THE CITY RIGHT -OF -WAY (ELL)(DPIS) (ITEM NO. 81, C.C.P., JUNE 11, 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 W. Casale, Agent of 391 Washington, to place an outdoor patio on the City right -of -way subject to Planning Board review and conditions that there be no outdoor music, that tables be bused from within the establishment, and that there be no open outdoor trash containers. PASSED W /COND AYES 8, NOES 0 NO. 46 D. HESTAND, OWNER, TO USE 391 WASHINGTON FOR AN OUTDOOR CAFE WITH AWNING ON THE CITY RIGHT -OF -WAY (ELL)(DPIS) (ITEM NO. 82, C.C.P., JUNE 11, 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 D. Hestand, Owner of 391 Washington, to place an outdoor patio on the City right -of -way subject to Planning Board review and conditions that there be no outdoor music, that tables be bused from within the establishment, and that there be no open outdoor trash containers. PASSED W /COND AYES 8, NOES 0 NO. 46 M. RODRIGUEZ & O- PETITION AGAINST CONVENIENCE STORE OPENING 249 PROSPECT (C.C.P #84, JUNE 11) Mr. Pridgen now moves that the above item be Received and Filed. ADOPTED NO.47 ORDINANCE AMENDMENT - SECTION 154 -257 - FAIR EMPLOYMENT SCREENING STANDARDS (ITEM NO. 131, C.C.P., JUNE 11, 2013) Mr. Pridgen moved: That the above item be, and the same hereby is returned to the Common Council with a recommendation that it be received and flied; That subdivision A of §154 -27 of the Code of the City of Buffalo be amended as specified in the attached Ordinance Amendment. PASSED AYES - Fontana, Pridgen, Rivera, Russell, Scanlon, Smith 6 NOES - Franczyk, Golombek 2 SPECIAL COMMITTEE BUDGET (DEMONE A. SMITH) NO.48 CHICKEN LICENSE COMPLAINT -354 BAYNES(NIA)(CTY CLK)(#43, 05/14) Mr. Smith moved That the application of Jeremy Luckey for a chicken license at 354 Baynes Street be approved PASSED AYES -8 NOES -0 NO. 49 C. PALADINO, OWNER, USE 960 BUSTI FOR AN LED WALL SIGN(NIA) (NO PUB HRG)(CCP #37, MAY 28) That the above item be returned to the Common Council without a recommendation. Mr. Pridgen now moves that the item be Recommitted to the Committee on Legislation. ADOPTED NO. 50 D. PRIDGEN -E. KETRY- APPEAL DIRECTION SIGN DENIAL, PEARL ST GRILL DELI -76 PEARL ST ( #63, 6/26)(CCP #74, JULY 10) Mr. Pridgen now moves that the above item be Received and Filed ADOPTED NO. 51 FAIR EMPLOYMENT SCREENING ORDINANCE(SMITH)(EXC 1 ST &2 ND RES) Mr. Pridgen now moves that the above item be Received and Filed ADOPTED NO. 52 D. SMITH -C. JOYCE -INFO RE ROADSIDE MEMORIALS (CCP #56, NOV 1) Mr. Pridgen now moves that the above item be Received and Filed ADOPTED NO. 53 FOOD STORE LICENSE(NEW)1545 BROADWAY(FILL)(EDPI) (CCP #87, APRIL16)( #38, APRIL 2) That the above item be and hereby is returned to the Common Council without a recommendation. Mr. Pridgen now moves that the item be Recommitted to the Committee on Legislation. ADOPTED NO. 54 LODGING HOUSE LICENSE -392 CURTISS STREET(FILL)(DPIS) (ITEM NO 24, CCP, OCT 2, 2012 Mr. Pridgen moved: That the above communication be, and the same hereby is returned to the Common Council with a recommendation for approval; That pursuant to Chapter 254 of the City Code, the Commissioner of Economic Development, Permit and Inspection Services be, and he hereby is authorized to grant a Lodging House License to Franklin McKeven, doing business at 392 Curtis Street. PASSED AYES -8 NOES -0 NO. 55 LP CIMINELLI -BOARD PACKE DOCUMENTS -JUNE 2013 (C.C.P #63, JUNE 11) Mr. Smith now moves that the above item be Received and Filed. ADOPTED NO. 56 LP CIMINELLI -BOARD PACKET DOCUMENTS -MAY 2013 (C.C.P #53, MAY 14) Mr. Smith now moves that the above item be Received and Filed. ADOPTED NO. 57 LP CIMINELLI -BOARD PACKET DOCUMENTS -APRIL 2013 (C.C.P #40, APRIL 30) Mr. Smith now moves that the above item be Received and Filed. ADOPTED NO. 58 LP CIMINELLI -BOARD PACKET DOCUMENTS -APRIL 2013 (C.C.P #50, APRIL 16) Mr. Smith now moves that the above item be Received and Filed. ADOPTED NO. 59 LP CIMINELLI -BOARD PACKET DOCUMENTS -MARCH 2013 (C.C.P #53, MARCH 19) Mr. Smith now moves that the above item be Received and Filed. ADOPTED RESOLUTIONS NO. 60 BY: COUNCIL PRESIDENT FONTANA RE: EXCUSE COUNCILMEMBER LOCURTO FROM COUNCIL MEETING Be It Resolved: The Common Council hereby excuses Delaware District Councilmember Michael J. LoCurto from attending the regular meeting of the Common Council held Tuesday, June 25, 2013. ADOPTED NO. 61 BY: COUNCIL PRESIDENT FONTANA MUNICIPAL RESOLUTION IN SUPPORT OF A NEW YORK MAIN STREET GRANT APPLICATION BY HOMEFRONT, INC. FOR THE LOVEJOY COMMERCIAL DISTRICT Whereas A New York Main Street funding opportunity exists within the 2013 Consolidated Funding Application to invest in projects that provide economic development and housing opportunities in downtown, mixed -use commercial districts, with a primary goal of stimulating reinvestment, leveraging additional funds, and establishing downtown and neighborhood revitalization efforts; and Whereas A well- defined section of Lovejoy Street identified for a NY Main Street grant in the Lovejoy Commercial District will be the focus of an application to be submitted by HomeFront, Inc., an eligible applicant under the NYS Not - For - Profit Corporation Law with the capacity to administer a Main Street grant program under the NYS Office of Community Renewal on behalf of the Lovejoy District; and Whereas HomeFront, Inc. has a historic connection to the Lovejoy District, has developed this Main Street program design with input from business owners and property owners in the targeted area to improve the look and commercial viability of businesses on Lovejoy Street and the upper floor housing units, and can leverage additional loan funds through the Abley Revolving Loan Fund. Now, Therefore, Be It Resolved: The Common Council hereby approves the New York Main Street application being submitted by HomeFront, Inc. to help revitalize a targeted commercial district of Lovejoy Street and surrounding neighborhoods to better serve the needs of residents of this Buffalo neighborhood. ADOPTED 1- YALVi1:411111a:7e10 "/ NO. 62 WAIVE PERMIT FEES FOR HARRIET ROSS TUBMAN SCHOOL #31 FIELD DAY Whereas Harriet Ross Tubman School #31, located at 212 Stanton Street, will be holding its end of year field day celebration for its 2013 students; and Whereas School #31 will have a day of fun and games with a picnic to commemorate the end of the school year and to encourage friendship and bonding amongst the students; and Whereas The school will use Sperry Park from 9:00 am to 2:00 pm on Monday, June 17, 2013; Now, Therefore Be It Resolved: That the Common Council of the City of Buffalo waives the permit fees associated with the Harriet Ross Tubman School #31 Field Day at Sperry Park on Monday, June 17, 2013; and Be It Further Resolved: That copies of this resolution be sent to the Department of Public Works, Parks and Streets. PASSED AYES -8 NOES -0 NO. 63 BY: MR. GOLOMBEK WAIVER PARK FEES FOR CHARTER SCHOOL OF APPLIED TECHNOLOGIES Whereas The Charter School for Applied Technologies, located on Kenmore Avenue educates hundreds of Buffalo youth, and Whereas The school's academic calendar year ends in June 2013; and Whereas In order to celebrate the end of the school year, the faculty of the Charter School for Applied Technologies will be conducting a school picnic in Riverside Park on June 20, 2013; and Whereas This picnic will expose the Charter School students to the unique setting an Olmsted Park, build school spirit and allow students and faculty the ability to bid farewell to each other until the new school year begins in August 2013. Now, Therefore, Be It Resolved: This Common Council applauds the students and faculty of the Charter School for Applied Technologies on another successful school year. The Charter School for Applied Technologies is granted a waiver by this Honorable Body of all fees required by the City of Buffalo that are associated with this event. PASSED AYES -8 NOES -0 NO. 64 SPONSOR: COUNCIL MEMBER LOCURTO; DELAWARE DISTRICT. PERMISSION TO HANG BANNERS ON ELMWOOD AVENUE BETWEEN FOREST AVE AND ALLEN ST 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= The Elmwood Village Association has purchased new banners to replace the old banners that have been a staple in the area for over three years; and Whereas: The newly designed banners are lively additions to the street, which serve to enhance bother the urban aesthetic and character of the neighborhood while also helping to brand the community as a destination in the City; and Whereas: The Elmwood Village Association is requesting permission to hang the banners on Elmwood Avenue between Forest Avenue and Allen Street, replacing ones presently hanging for over three years, and are expected to be installed on JUly 15 2013; 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. The Elmwood Village Association 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 banners. 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 Elmwood Village Association to hang banners located on Elmwood Avenue between Forest Avenue and Allen St; and Be it Further Resolved: That the Common Council of the City of Buffalo does hereby waive the condition that the banners be removed after three (3) months, as the refurbished banners are expected to remain in good condition for at least three (3) years, and are designed to be incorporated as part of the street design, rather than as temporary event installation; and Be it Further Resolved: That the Elmwood Village Association understands that should another organization wish to utilize the pole space after the three month period, other organizations will be accommodated to use the public space for their applied purposes; and Be it Finally Resolved: 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- PASSED W /COND AYES -8 NOES -0 NO. 66 BY: ELLICOTT DISTRICT COUNCIL MEMBER DARIUS G. PRIDGEN WAIVER OF SPECIAL EVENTS PERMIT FEE FOR CASA DE ADORACION EL SHADDAI DATE: JUNE 21 -23, 2013 AND JULY 19 -21 2013 Whereas The Casa de Adoracion el Shaddai Church is utilizing the empty lot at the corner Niagara and Maryland Streets (owned by Samuel guscarino) for the Community Day weekends; and Whereas A Youth Service will be held on Friday, June 21, 2013, at 7PM. On Saturday, June 22, from 8AM -10PM, a Kids' Community Day will be held. Hot dogs, hamburgers, pasta, pot luck, clothing giveaway, face painting, clowns, music, and other activities will be held. A Sunday Worship will be held on June 23, 2013, 12 -3 PM. The public is welcome to attend; and Whereas A Youth Service will be held on Friday, July 19, 2013, at 7PM. On Saturday, July 20, from 8AM -10PM, a Kids' Community Day will be held. Hot dogs, hamburgers, pasta, pot luck, clothing giveaway, face painting, clowns, music and other activities will be held. A Sunday Worship will be held on July 21, 2013, 12 -3 PM. The public is welcome to attend; and Whereas In the event of rain, the Community Weekend will be held in the lot located at Niagara and Maryland Streets; and Now, Therefore, Be It Resolved: That the Common Council commends the Casa de Adoracion el Shaddai Church, in their effort to promote community awareness, 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, and the Office of Special Events. PASSED AYES -8 NOES -0 NO. 66 BY: DAVID A. RIVERA, NIAGARA DISTRICT COUNCILMEMBER APPROVE LAND DISPOSITION AGREEMENT FOR 99 CHENANGO AND 336 -339 MASSACHUSETTS TO PEOPLE UNITED FOR SUSTAINABLE HOUSING, INC. (PUSH) Whereas The City of Buffalo, Office of Strategic Planning, Division of Real Estate has recommended that the Common Council approve the Land Disposition Agreement for the sale of 99 Chenango and 335 -339 Massachusetts to PUSH in the amount of Fourteen Thousand One Hundred Dollars ($14,100). Whereas The sale of 99 Chenango and 335 -339 Massachusetts in the amount of $14,100 is on condition that the terms of the Land Disposition Agreement are satisfied. Whereas The City Clerk has published a Notice of Public Hearing, as required by New York State Law (N.Y. PVH. Law Section 503) Sale or Lease of Municipal Lands to a Housing Company NOW, THEREFORE, BE IT RESOLVED: That after the public hearing is held and providing there are no significant objections, that this Honorable Body first approve the Land Disposition Agreement (LDA) and the sale of 99 Chenango and 335 -339 Massachusetts in the amount of Fourteen Thousand One hundred Dollars ($14,100). The sale is subject to conditions that must first be satisfied in accordance with the LDA. BE IT FURTHER RESOLVED: That the City of Buffalo, Common Council authorizes and approves the following: 1. The attached Land Disposition Agreement (LDA) and the sale of 99 Chenango and 335 -339 Massachusetts in the amount of Fourteen Thousand One Hundred Dollars ($14,100), providing the terms and conditions of the LDA have been satisfied. PUSH has also agreed to pay for the all costs associated with the sale and transfer of title including but not limited to transfer tax, recording fees and the cost to file the deed, in accordance with the terms upon which the offer was submitted. 2. Authorize pertinent City personnel to take such steps and actions as shall be reasonably necessary to achieve the purpose and objectives of the LDA 3. Authorize the Mayor to execute the LDA for the city owned properties located at 99 Chenango and 335 -339 Massachusetts in the amount of Fourteen Thousand One Hundred Dollars ($14,100). 4. Authorize the Office of Strategic Planning, Division of Real Estate, to prepare the necessary documents for the transfer of title; and 5. Authorize the Mayor execute the deed and any other necessary closing documents for the transfer of title. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 67 BY: COUNCILMEMBER DAVID A. RIVERA SET PUBLIC HEARING FOR THE SALE OF 99 CHENANGOAND 335 -339 MASSACHUSETTS TO PEOPLE UNITED FOR SUSTAINABLE HOUSING, INC. (HOUSING COMPANY) The City of Buffalo, Office of Strategic Planning, Division of Real Estate has received a request from PUSH to enter into a Land Disposition Agreement (LDA) for the purchase 99 Chenango and 335 -339 Massachusetts; and WHEREAS: PUSH has agreed to pay $14,100 for 99 Chenango and 335 -339 Massachusetts; and WHEREAS: The LDA has been submitted to the Common Council for approval, pending a Public Hearing; and New York State Law (N.Y. PVH. LAW Section 503) Sale or Lease of Municipal Lands to a Housing Company requires a ten day notice of public hearing before the date set for the hearing shall be published at least once in an official publication of said city or in a newspaper or general circulation therein. NOW, THEREFORE, BE IT RESOLVED: That the City Clerk is hereby directed to publish the notice attached hereto and marked "Notice of Hearing" in the Buffalo News, no later than the 28th day of June 2013 Be it further resolved: That this Common Council will conduct a Public Hearing on the matter stated in said "Notice of Hearing" at 2:00 P.M. in the Council Chambers on the 9 of July 2013. ADOPTED NO. 68 SPONSORED BY COUNCILMEMBER DAVID RIVERA FEE WAIVER REQUEST FOR BUFFALO UNITED FRONT'S FAMILY FISHING DAY Whereas: On June 29 -30, 2013, Buffalo United Front will be hosting the 5th Annual Family Fishing Day at Broderick Park; and Whereas: The event will celebrate the art of fishing and use of our waterways by bringing families together from across the City of Buffalo for a (un- filled day of education, encouragement, and a sense of community value and respect; and Whereas: Buffalo United Front is a 501(c)3 non - profit organization committed to providing proactive opportunities to help reduce violence in our communities and promote healthy family development; and Whereas: Buffalo United Front has requested to waive the fees related to use of Broderick Park and use of garbage totes. Therefore, Be It Resolved: the Common Council approves the waiving of all City fees; and Be It Further Resolved: the City Clerk is directed to send a copy of this resolution be sent to the Special Events Department and to the Parks Division in the Department of Public Works. PASSED AYES -8 NOES -0 NO. 69 SPONSORED BY COUNCILMEMBER DAVID RIVERA USE OF RESIDENTIAL AREA PUBLIC PROGRAM ( "RAPP ") LOT AT 182 GRANT STREET FOR TASTE OF DIVERSITY Whereas: On June 29, 2013, the Taste of Diversity will be held on Grant Street, between Lafayette Avenue and Auburn Avenue; and Whereas: The festival will celebrate the diversity of Buffalo by featuring the various foods, dances, dressings, and cultural ceremonies of the many ethnic groups that make up the City of Buffalo; and Whereas: The festival has requested use of the RAPP lot at 182 Grant Street on June 29, 2013 for the entertainment section of the festival; and Whereas: Grant Street will be closed from Auburn to Lafayette which will prohibit the use of the RAPP lot from its regular purpose of parking for residents, professionals, and visitors of Grant Street. Therefore, Be It Resolved: the Common Council approves the use of the RAPP lot at 182 Grant Street for the Taste of Diversity on June 29, 2013; and Be It Further Resolved: the City Clerk is directed to send a copy of this resolution be sent to the Parking Department. PASSED AYES -8 NOES -0 NO. 70 BY: MR. RIVERA WAIVE OF PERMIT FEES FOR D °YOUVILLE COLLEGE SCHOOL OF PHARMACY ANNUAL PICNIC. Whereas: D'Youville College School of Pharmacy (D'Youville) is located at 320 Porter Avenue, will be holding its annual pharmacy orientation picnic; and Whereas: D'Youville will be having a picnic to introduce new students to the city of Buffalo, encourage class solidarity and bonding amongst the students; and Whereas: The school will use the shelter at Front Park from 12:00 pm to 5:00 pm on Saturday, August 10, 2013. Now, Therefore Be It Resolved: The Common Council of the City of Buffalo waives the permit and special event fee associated with the D'Youville College School of Pharmacy orientation picnic at Front Park on Saturday, August 10,2013; and Be It Further Resolved That copies of this resolution be sent to the Department of Public Works, Parks and Streets and the Office of Special Events. PASSED AYES -8 NOES -0 NO. 71 BY: UNIVERSITY DISTRICT COUNCILMEMBER BONNIE E. RUSSELL WAIVE PERMIT FEE FOR HIGHGATE HEIGHTS ELEMENTARY SCHOOL'S PRE -K FAMILY DAY Date: Thursday June 13, 2013 Whereas: Highgate Heights Elementary School will hold a Pre -K Family Day on Monday, June 17, 2013 at Shoshone Park in the University District. Whereas: Highgate Heights Elementary School will utilize Shoshone Park from 10:00 am until 1:00 pm. Now, Therefore, Be k 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 -8 NOES -0 SPONSOR CHRISTOPHER P. SCANLON NO. 72 WAIVE EVENT FEES FOR SENECA STREET CAR SHOW WHEREAS, Chapter 175 of the Code of the City of Buffalo establishes a schedule of fees that are to be charged with respect to licenses, permits, and activities required or regulated under the provisions of various chapters of the Code; and WHEREAS, The 7 Seneca Street Car Show wii1 take place on Sunday, July 14, 2013 on Seneca Street in between Cazenovia Street and Mineral Springs Road; and WHEREAS This event is free and attracts hundreds of people to the Seneca Street neighborhood of South Buffalo; and WHEREAS, The Seneca Street Car Show is not for profit and dependent upon the tireless work of volunteers; and NOW, THEREFORE, BE IT RESOLVED, That the Common Council of the City of Buffalo respectfully requests that the Department of Permits & Inspections, the Department of Public Works, all other involved City Departments waive all fees applicable the Seneca Street Car Show; and BE IT FURTHER RESOLVED, That the City Clerk forward a copy of this resolution to the Commissioners of the Departments of Permits & Inspections and Public Works. PASSED AYES -8 NOES -0 NO. 73 BY: MR. SCANLON WAIVE STREET CLOSING PERMIT FEE FOR EAGLEWOOD AVENUE 4 T " OF JULY BLOCK PARTY Whereas Eaglewood Avenue is hosting a 2013 4 h of July Block Party in which they are requesting the street be closed; and Whereas The party is a family - friendly event that provides the residents of Eaglewood Avenue with the opportunity to foster relationships with their neighbors, thus creating a stronger community; and Whereas: The event is not for profit and is open to all residents of Eaglewood Avenue. Now, Therefore, Be It Resolved: That the Common Council hereb requests the Department of Public Works, Traffic, and Engineering waive the street closing permit fee for the Eaglewood Avenue Block Club 4 of July Party; and Be It Further Resolved: That a copy of this resolution be forwarded to the Department of Public Works, Traffic, and Engineering. PASSED AYES -8 NOES -0 NO. 74 BY: DEMONE A SMITH APPOINTMENTS COMMISSIONERS OF DEEDS REQUIRED FOR THE PROPER PERFORMANCE OF PUBLIC DUTIES That the following person(s) are hereby appointed as Commissioner of Deeds for the term ending December 31, 2014, conditional upon the persons so appointed certifying under oath to their qualifications and filing same with the City of Buffalo. Karen L. Aris Chris Celej Sheryl Daniels Jacqueline Delvalle Paul Kendt Renee M. King Jayson Kowiak Joseph LaBarbara Diana Malave Megan Margerum Joseph Petronella Minerva Rojas Sandra Solomon Total: 13 ADOPTED BY: DEMONE A SMITH NO. 76 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. James W. Halliday TOTAL:1 ADOPTED NO. 76 ANNOUNCEMENT OF COMMITTEE MEETINGS The following meetings are scheduled. All meetings are held in the Common Council Chambers, 13 floor City Hail, Buffalo, New York, unless otherwise noted. Regular Committees Committee on Civil Service Tuesday, July 2, 2013 at 9:45 o'clock A.M. Committee on Finance following Civil Service Tuesday, July 2, 2013 at 10:00 o'clock A.M. Committee on Comm. Dev. Tuesday, July 2, 2013 at 1:00 o'clock P.M Committee on Legislation Tuesday, July 2, 2013 at 2:00 o'clock P.M. (Public Disclaimer): All meetings are subject to change and cancellation by the respective Chairmen of Council Committees. In the event that there is sufficient time given for notification, it will be provided. In addition, there may be meetings set up whereby the City Clerk's Office is not made aware; therefore, unless we receive notice from the respective Chairmen, we can only make notification of what we are made aware. NO. 77 ADJOURNMENT On a motion by Mr. Smith, Seconded by Mr. Pridgen the Council adjourned at 2:30 PM GERALD A. CHWALINSKI CITY CLERK