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HomeMy WebLinkAbout13-0723NO. 15 PROCEEDINGS OF THE CITY OF BUFFALO JULY 23, 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 July 23, 2013 FINAL MAYOR MAYOR - EXECUTIVE 1. Plan Bd -SEQR- Negative Declaration -663 E. Ferry(Masten) R &F 2. Plan Bd -SEQR- Negative Declaration -425 Michigan(Ell) R &F 3. Plan Bd -SEQR- Negative Declaration -783 Niagara(Nia) R &F 4. Plan Bd -SEQR- Negative Declaration -195 Reading(South) R &F 5. Strat Plan- Amended Rider for Utility Easement Agmt Greater Niag Heritage Fest/ Niag Mohawk to Install Pole at 1168 Hertel(Del) APP 6. Strat Plan- Approve Land Use Agmt Btwn COB and Nat Grid for Use 301 Parkdale(Nia) APP 7. Strat Plan- Assignment of St John Comm Dev Townhomes Home Agmt to BURA - APP 8. Strat Plan- Report of Sale -256 Rhode Island(Nia) APP 9. Strat Plan- Report of Sale -275 Woltz(Fill) APP 10. Strat Plan- Trinity Towers II Housing Dev Fund Corp PILOT APP COMPTROLLER 11- 10AA. Certificate of Necessity -City Clerk -PW R &F 12- 10A. In Rem Auction Audit -In Rem #46 R &F MANAGEMENT INFORMATION SYSTEMS 13- 10B. Request Approval for 100% Refund of Current Firewalls (2) and Management Appliance (1) APP PUBLIC WORKS 14- 11. Change in Contract 60 Hedley PI Reconstr Phase II(Masten) APP 15- 11A. Change in Contract N. Buffalo Ice Rink Modifications(Del) APP 16- 11 B Correction on Accounts - Report of Bids YWCA Ventilation Imp(North) APP 17- 12. Correction of Permission to Engage Sery of Consulting Engr & Architect for Public Facilities Improv(Various Dist) APP 18- 13. Permission to Engage Sery of Consulting Engr for Design Sery Abbott Rd Streetscape Feasibility Study(South) APP 19- 14. Permission to Engage Sery of Consulting Engr for Design Sery Bailey & Gerald Traffic Signal(Univ) APP 20- 15. Permission to Engage Sery of Consulting Engr for Design for Former Bern Metal Site Rehab Emergency Order of NYSDEC(Fill) APP 21- 16. Permission to Engage Sery of Consulting Engr for Design for Oberlin St Watermain Replacement APP 22- 17. Permission to Enter into Intermunicipal Agmt for Resurfacing Kenmore Ave Fairfield to Elmwood(Various Distr) APP 23- 18. Permission to Enter into Intermunicipal Agmt for Resurfacing Vulcan St, Niagara To Tonawanda(North) APP 24- 19. Permission to Hire Consultant for Citywide Parks Imrov(Various Dist) APP 25- 20. Permission to Hire Consultant JB Wiley Complex Football Field Relighting APP 26- 21. Report of Bids City -Wide Sidewalks & Curbs CDBG Funded APP 27- 22. Report of Bids S. Division /Smith St Playground(Tyler Likos Pk)lmprov Proj(Fill) - APP 28- 23. Report of Bids Street and Sidewalks, Yr 39 -CDBG Funded APP 29- 24. Request for Approval 2013 -14 Citywide Tree Management and Planning Agmt Btwn COB and Wendel APP 30- 25. Request to Purchase Equipment "Coats" 1000 D Wheel Balancer APP 31- 26. Request to Purchase Equipment- Impact Wrenches APP 32- 27. Request to Purchase Equipment -John Deere Loader APP 33- 28. Request to Purchase Equipment - Lincoln Tire Repair Vulcanizer APP 34- 29. Request to Purchase Equipment -Post Lifts APP 35- 30. Request to Purchase Equipment -Rotary Mach 6W Truck Lifts APP 36- 31. Request to Purchase Vehicles- Tandem Axle Chassis APP 37- 32. Request to Purchase Vehicles -Tiger Mower Decks APP 38- 33. Request to Purchase Vehicles - Single Axle Chassis APP 39- 34. Appoint Park Utility Worker(Prov)(Inter)(Jaeckle) CS 40- 34A. Appoint Assistant Filtration Plant 0perator(Temp)(Inter) (Mach in) CS 41- 34B. Appoint Filtration Plant Operator(Prov)(Inter)(Janicki) CS 42- 34C. Appoint Water Line Inspector(Perm)(Inter)(Abbate) CS POLICE 43- 35. Approval to Accept Two (2) Vehicles from US Marshals APP 44- 35A. Approval to Purchase New Police Vehicles APP 45- 36. Drug Asset Forfeiture Wire Transfers R &F 46- 36A. Proposed Agmt with PAL for the Administration of Funding for Bflo Peacemakers Program APP 47- 37. Seized Vehicle APP 48- 38. Appoint Captain(Perm)(Prom)(Gramaglia, Roberts) CS 49- 39. Appoint Detective(Perm)(Prom)(Leone, Cardona II, Adams, Walker, Ruggiero, Ledwin, McCarthy, Frankel, Mayhook, Lopez,) CS 50- 40. Appoint Detective Sergeant(Perm)(Prom)(Mourgas, Lundin, Dunham) CS 51- 41. Appoint Lieutenant (Perm)(Prom)(Humiston, Thomas, Britzzalaro, Lark, Kelly, McLean,Jr., Labedz, Dowell) CS 52- 42. Appoint Lieutenant(Contingent Perm) (Prom)(Cyrek, Beyer, Langdon) CS PERMITS AND INSPECTIONS 53- 43. Food Store (New) 118 Grant(Nia) APP 54- 44. Food Store (New) 257 Grant(Nia) APP 55- 45. Food Store (New) 1304 Jefferson(Ell) LEG 56- 46. Food Store (New) 437 Tonawanda(North) APP 57- 47. Food Store (New) 1650 William(Lov) APP 58- 48. Lodging House License 92 Pearl(Fill) APP 59- 49. Restaurant Dance License(Renewal) 1104 Elmwood(Del) APP 60- 50. Restaurant Dance License (Renewal) 1200 Niagara(Nia) APP 61- 51. Second Hand Dealer 199 Claremont (aka 561 Forest)(Del) APP 62- 52. Second Hand Dealer 1201 Hertel (aka 1203) (Del) APP ADMINISTRATION AND FINANCE 131- 63- 53. Sale of Equipment APP HOUSING AUTHORITY APP 64- 54. Perry Choice Neighborhood Transformation Plan R &F CITY CLERK ADOPT 65- 55. Application for Restricted Use Permit -75 W. Chippewa(EII)(8 /9/13) APP 66- 56. Application for Restricted Use Permit -75 W. Chippewa(EII)(8 /23/13) APP 67- 57. Liquor License Applications R &F 68- 58. Leaves of Absence R &F 69- 59. Appoint Asst Leg Aide II -City Clerk(Johnson) ADOPT 70- 60. Notices of Appointments - Council Interns ADOPT 71- 61. Notices of Appointment - Seasonal R &F 72- 61 A. Notices of Appointment - Seasonal R &F 73- 61 B. Appointments -Temp Prov /Perm CS MISCELLANEOUS 74- 62. Buffalo Wtr Bd Monthly Report June 2013 R &F 75- 63. LP Ciminelli -Board Packet Documents July 2013 ED 76- 64. E. Lander - Benefits of Historic Preservation CD 77- 65. P. Lytle- Supplement to Application by T- Mobile for Installation of Communication Tower located at 523and 535 Northampton CD 78- 66. NYSDEC - Brownfield Cleanup Program Public Notice -20 Wilkenson Way, 15 LaRiviere R &F 79- 67. NYSDEC - Proposal to Delete Site from Contaminate Site Reg -113 & 119 Colgate_R &F 80- 68. NYSDEC -Req for Designation of Lead Agency Battaglia Transfer Station LEG 81- 69. C. Ortloff- Concerns Niagara Square PW 82- 70. D. Pridgen -L. Gist - Concerns Bail Bonds Vehicles LEG 83- 71. D. Pridgen- Concerns 16 South Cedar Street LEG 84- 72. D. Pridgen -UB School Of Medicine and Biomedical Sciences Draft Envir Impact Statement CD 85- 73. R. Reade - Proposal for New Landscaping of City Sts and Public Sqs in Downtown_R &F - - - - -- 74. B. Russell -Bldg Use Agmt Btwn St. Joseph Univ Parish and Gloria Parks CC WITHDRAWN 86- 75. D. Sacs -State Smart Growth Public Infrastructure Policy Act CD 87- 76. D. Sacs -State Smart Growth Public Infrastructure Policy Act Criteria Checklist CD 88- 77. D. Smith - Health Care for All New York LEG 89- 78. D. Smith -Myths About Health Care Reform LEG PETITIONS 90- 79. J. Nash, Owner, Use 162 Allen for a Restaurant in the Allen Street District(hrg 7 /30)(Fill) LEG,CPBD 91- 80. M. Miranda, Jr., Owner, Use 3199 Main, Re- Establish Restaurant /Bar Use in Transit Station District(hrg 7 /30)(Univ) LEG 92- 81. E. Buscaglia, 244 Allen, Agent, Use Allen Special District - Reopen Existing Restaurant, Encroachment on City ROW for Sidewalk Cafe(hrg 7 /30)(Fill) LEG,CPBD 93- 82. V. Johnson & O- Residents Against McCarthy Park Practice Field PW 94- 82A. D. Pridgen -S. Westbrook & O- Petition Against 350 E. North Street CD 95- 82B. K. Lichus & O- Petition Against Rooming House 723 Prospect CD RESOLUTIONS 113- 82C. Fontana Excuse Councilmember LoCurto from Council Meeting ADOPT 114- 82CC Fontana Free Prescription Plan for WNY and Surrounding Counties ADOPT 115- 82D. Franczyk,etcApprove Perry Choice Neighborhood Transformation Plan & Option Agmt for Properties Near AD Price APP 116- 83. Franczyk Municipal Resolution in Support of Urban Initiatives Grant Appl For Broadway - Fillmore NYS's Comm Facility 780 Fillmore ADOPT 117- 83A. Franczyk U.S. Post Office Removal of Postal Mail 118- 84. Franczyk 119- 84A. Francyzk 120- 84B Franczyk 121- 85. Francyzk 122- 86. Golombek 123- 87. LoCurto 124- 88. LoCurto 125- 89. LoCurto 126- 90. Pridgen 127- 91. Pridgen 128- 92. Pridgen,etc 129- 93. Pridgen 130- 94. Pridgen 131- 95. Pridgen 132- 96. Pridgen DOPT FINAL RES,REM CD Waive Special Event Permit Fee for Artists and Cyclists Event APP Waive Special Event Permit Fee and Park Permit Fee for "Squeaky Wheel Outdoor Animation Festival" APP Approve Lt Matt Urban Human Service Center's Grant Appl APP Waive Event Permit Fee and Park Permit Fee for "Sperry Park Unity Day" Event APP Waive Special Event Permit Fee for New York Walleye Kids Fishing Derby APP 2013 Greater Buffalo Italian Heritage and Food Festival APP Subaru Chase Band Shell Fee Waiver Resolution APP Waive Permit Fees for Summer Music Series in Delaware Park APP Buffalo Prenatal Perinatal Network Event APP 11 Annual Puerto Rican & Hispanic Day Parade APP Neighborhood Watch and Block Club Training ADOPT Special Events Waiver Permit Fee for the 8th Annual Queen City Jazz City Festival APP Special Events Waiver Permit Fee for the 16 Annual Parade Proclaiming Buffalo for Christ APP Special Events Waiver Permit Fee for Chalkfest Buffalo APP Special Events and LaSalle Park & Pavilion Waiver Permit Fees for Breakout and Love Buffalo APP 133- 96A Pridgen Permission to Hang Banners for Hispanic Heritage Month APP 134- 97. Rivera Butler Mitchell Clubhouse Renovation Project ADOPT 135- 97A. Rivera Vision Niagara Application for NY Main Street Program APP 136- 98. Rivera Waive of Permit Fees for Primera Iglesia Metodista Undia Christian Youth Festival APP 137- 99. Russell, etc Ordinance Amend -Ch 263 Licenses LEG 138- 100. Russell,etc. Ordinance Amend -Ch 313 Peace and Good Order LEG 139- 100A. Scanlon Transfer of Funds -Cty Clk -PW APP 140- 101. Scanlon Waive Event Fees for the YMCA Cazenovia Park Camp APP 141- 101 A. Scanlon Waive Special Event Fee for the 2013 S. Park Italian Festival APP 142- 102. Scanlon Waive Special Event and Permit Fees for Seneca Nation Day in South Buffalo APP 143- 102A. Smith Ordinance Amend - Sponsor Acknowledgments in MLK Park R &F 144- 1028. Smith Ordinance Amend - Sponsor Acknowledgments in MLK and Riverside Parks LEG 145- 103. Smith Trailblazing Sign Request for Deacon Levi Clayton APP 146- 104. Smith Trailblazing Sign Request for Vera Medley Foster APP 147- 104A Smith Concerns Bd of Ed Sig Grants ED 148- 105. Smith Comm of Deeds - Public Duties ADOPT 149- 106. Smith Comm of Deeds ADOPT SUBMISSION LIST OF COMMITTEE ITEMS FOR THE COUNCIL MEETINGS CIVIL SERVICE In the Sign Overlay Special Dist(EII)(hrg 7/16) APP 102- 96- 1. Com 37 July 9 Appoint Filtration Plant Operator (Prov)(Inter)(Schweitzer)(PW) APP 97- 2. Com 38 July 9 Appoint Meter Mechanic Supervisor I(Prov)(Inter)(McCabe)(PW) APP 98- 3. Com 54 July 9 Appoint Account Clerk Typist (Perm)(Inter)(Martinez)(HR) APP 99- 4. Com 63 July 9 Notices of Appointments- Temp /Prov /Perm(Cty Clk) R &F FINANCE Food Store(New) 136 N. Division(EII)(EDPI) APP 105- 100- 5. No 70 July 9 D. Smith -D. Kazmierczak -Usage of Buffalo Fire Dept. Equipment R &F LEGISLATION 11. Com 49 July 9 Restaurant Dance License (Renewal) 936 Elmwood(Del)(EDPI) 101- 6. No 72 July 9 F. Lazarus, Agent, Use 455 Ellicott -To Place a Projecting Sign Over City ROW July 9 CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO TUESDAY, JULY 23, 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 July 09, 2013 were approved FROM THE MAYOR FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE CITY PLANNING BOARD NO. 1 PLAN BD -SEQR- NEGATIVE DECLARATION -663 E. FERRY (MASTEN) SEQRA Notice of Determination Non Significance Negative Declaration This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (SEQR- State Environmental Quality Review) of the Environmental Conservation Law. Lead Agency: City of Buffalo Planning Board Room 901, City Hall 65 Niagara Square Buffalo New York 14202 As per the provisions of SEQR, the Lead Agency has reviewed the following action as it relates to the environment: Action Title Dollar General Location: 663 East Ferry Street Type of Action: Unlisted - Uncoordinated Description: Creative Structures Services and True Community Development are proposing the construction of a Dollar General Store. The new 9100 sq. f.t store will be built on a vacant lot purchased from the City of Buffalo Division of Real Estate. The exterior construction will consist of a one story single structure with exterior split faced block. The existing pylon sign will remain and be reused by the store. There will be no digital component. Construction is expected to begin by late September 2013 and be complete in March of 2014. All funding for this project will be financed through Northwest Savings Bank with a total budget of 800,000. New pedestrian friendly striped walkways, bike racks, new fencing and landscaping /screening is included in this project. The area is zoned MI Light Manufacturing District with this retail store being an appropriate use. True Community Development has engaged the community and has the full support of the district Councilmember. As a result of this Environmental Review, the Lead Agency has determined the undertaking of This action will not have a significant adverse affect on the quality of the environment. No further environmental review of this action will be conducted prior to project implementation and a Draft Environmental Impact Statement will not be prepared. Reasons Supporting This Determination: The facts and reasons for this decision are as follows: This project will clean up a vacant lot that has been unused for many years as well as provide new employment opportunities both during construction and to community residents after the store is complete. The identified potential negative impacts appear to be primarily short -term site preparation and construction related activities, and do not appear to be significant in magnitude or effect. There are no actions related to the construction of this project which will have a significant adverse impact on the environment. In the Sign Overlay Special Dist(EII)(hrg 7/16) APP 102- 7. No 73 July 9 M. Ali, Owner, Use 3160 Main - Establish Sit -in Restaurant with Sidewalk Patio(Univ)(hrg 7/16) APP /COND 103- 8. Com 14 July 9 Report of Sale -1767 Bailey(Lov)(Strat Plan) CD 104- 9. Com 44 July 9 Food Store(New) 136 N. Division(EII)(EDPI) APP 105- 10. Com 45 July 9 Food Store(New) 754 Sycamore(Fill)(EDPI) APPM/ COND 106- 11. Com 49 July 9 Restaurant Dance License (Renewal) 936 Elmwood(Del)(EDPI) APP 107- 12. Com 50 July 9 Restaurant Dance License (Renewal) 1281 Hertel(Del)(EDPI) APP 108- 13. Com 51 July 9 Second Hand Dealer 654 Auburn (aka 648)(Del)(EDPI) APP 109- 14. No 86 July 9 S. Hawramy, Owner, Use 1175 Hertel Ave to Alter Use and Structural Modifications of an Existing Rest in the Hertel Ave Special Zoning Dist (Del)(hrg 6/18) APPM/ COND 110- 15. No 50 Mar 20 J. Golombek & All Councilmembers- Opposition to Construction of a New ECC Science Building in Amherst CD 111- 16. Res 89 June 28 Fighting Graffiti in the City of Buffalo(exc res) R &F 112- 17. No 45 June 14 J. Quinn- Response CC Res -Build Comm College's Health Sciences Ctr for Excellence at ECC's City Campus CD CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO TUESDAY, JULY 23, 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 July 09, 2013 were approved FROM THE MAYOR FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE CITY PLANNING BOARD NO. 1 PLAN BD -SEQR- NEGATIVE DECLARATION -663 E. FERRY (MASTEN) SEQRA Notice of Determination Non Significance Negative Declaration This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (SEQR- State Environmental Quality Review) of the Environmental Conservation Law. Lead Agency: City of Buffalo Planning Board Room 901, City Hall 65 Niagara Square Buffalo New York 14202 As per the provisions of SEQR, the Lead Agency has reviewed the following action as it relates to the environment: Action Title Dollar General Location: 663 East Ferry Street Type of Action: Unlisted - Uncoordinated Description: Creative Structures Services and True Community Development are proposing the construction of a Dollar General Store. The new 9100 sq. f.t store will be built on a vacant lot purchased from the City of Buffalo Division of Real Estate. The exterior construction will consist of a one story single structure with exterior split faced block. The existing pylon sign will remain and be reused by the store. There will be no digital component. Construction is expected to begin by late September 2013 and be complete in March of 2014. All funding for this project will be financed through Northwest Savings Bank with a total budget of 800,000. New pedestrian friendly striped walkways, bike racks, new fencing and landscaping /screening is included in this project. The area is zoned MI Light Manufacturing District with this retail store being an appropriate use. True Community Development has engaged the community and has the full support of the district Councilmember. As a result of this Environmental Review, the Lead Agency has determined the undertaking of This action will not have a significant adverse affect on the quality of the environment. No further environmental review of this action will be conducted prior to project implementation and a Draft Environmental Impact Statement will not be prepared. Reasons Supporting This Determination: The facts and reasons for this decision are as follows: This project will clean up a vacant lot that has been unused for many years as well as provide new employment opportunities both during construction and to community residents after the store is complete. The identified potential negative impacts appear to be primarily short -term site preparation and construction related activities, and do not appear to be significant in magnitude or effect. There are no actions related to the construction of this project which will have a significant adverse impact on the environment. For further information relative to this Negative Declaration, contact Mr. Martin Grunzweig, Land Use Controls Coordinator, Room 901 City Hall, Buffalo New York 14202 -716 851 -5085 Dated: July 2, 2013 RECEIVED AND FILED NO. 2 PLAN BD -SEQR- NEGATIVE DECLARATION -425 MICHIGAN(ELL) SEQRA Notice of Determination Non Significance Negative Declaration This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (SEQR - State Environmental Quality Review) of the Environmental Conservation Law. Lead Agency: City of Buffalo Planning Board Room 901, City Hall 65 Niagara Square Buffalo New York 14202 As per the provisions of SEQR, the Lead Agency has reviewed the following action as it relates to the environment: Action Title: Compass east Location: 425 Michigan Avenue Type of Action: coordinated - unlisted Description: Carmina Wood Morris PC behalf of McGuire Development is proposing the renovation of the former Sheehan Memorial Hospital located at 425 Michigan Avenue Buffalo New York. This project will include exterior and interior alterations and site modifications, Site plan improvements include the reconfiguration of existing parking areas, with relocation and redefinition of drive aisles and islands, as well as the addition of new parking spaces, Exterior improvements include the addition of new window openings, replacement of existing windows and other updated panel adornment to aide in redefining the image of the architecture of this relatively outdated building. Interior modifications include a new fit out of first floor tenant space, retaining the lobby "as is ", and the addition of upper floor access through a new stairwell in preparation for future tenants. The project is expected to begin in late August or early September with an anticipated completion date in spring of 2014. The project budget is currently set at 3,500,000 dollars and will be financed privately. The local ECIDA may also provide assistance therefore they are listed on the SEQR documentation as an involved agency. As a result of this Environmental Review, the Lead Agency has determined the undertaking of This action will not have a significant adverse affect on the quality of the environment. No further environmental review of this action will be conducted prior to project implementation and a Draft Environmental Impact Statement will not be prepared. Reasons Supporting This Determination: this project will provide employment opportunities during and after construction as well as taking a recently abandoned former hospital transforming it into a viable business as well as avoiding continued deterioration as happens many times with properties that are not occupied over long periods of time. The identified potential negative impacts appear to be primarily short -term site preparation and construction related activities, and do not appear to be significant in magnitude or effect. There are no actions related to the construction of this project which will have a significant adverse impact on the environment. For further information relative to this Negative Declaration, contact Mr. Martin Grunzweig, Land Use Controls Coordinator, Room 901 City Hall, and Buffalo New York 14202 -716 851 -5085 Dated: July 16, 2013 RECEIVED AND FILED NO. 3 PLAN BD -DEQR- NEGATIVE DECLARATION -783 NIAGARA(NIA) SEQRA Notice of Determination Non Significance Negative Declaration This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (SEQR - State Environmental Quality Review) of the Environmental Conservation Law. Lead Agency: City of Buffalo Planning Board Room 901, City Hall 65 Niagara Square Buffalo New York 14202 As per the provisions of SEQR, the Lead Agency has reviewed the following action as it relates to the environment: Action title: D'Youville College Parking Lot Location: 783 Niagara Street Type of Action: uncoordinated - unlisted Description: K1 Architecture on behalf of D'Youville College is proposing the construction of a parking lot located at 783 Niagara Street Buffalo New York. D'Youville College is proposing to add 31 new parking spaces with decorative fencing and landscape screening to an existing vacant lot. The plant selections are based on hardiness and the ability to survive winter with heavy city street salting. New site lighting is included along with solar telephones, and a bike rack. The lighting will be shielded from the adjoining neighbor's houses. An area has been reserved to create a display for the original bronze bell that was retrieved from the demolished church that formerly occupied this site. There will be 24 hour security at the new parking lot. The new security cameras will be placed on the light poles. Two block club meetings were held. The first meeting was held for the Block club Presidents. The second meeting was held for all Block Club members and neighbors from the surrounding neighborhood. D'Youville also reached out to both adjacent property neighbors to review the plans and address any concerns. As a result of the meetings, D'Youville College has agreed to add additional plantings on Prospect Avenue to screen the parking lot. A stockade fence is being removed and being replaced with a decorative fence at a neighbors request. As a result of this Environmental Review, the Lead Agency has determined the undertaking of This action will not have a significant adverse affect on the quality of the environment. No further environmental review of this action will be conducted prior to project implementation and a Draft Environmental Impact Statement will not be prepared. Reasons Supporting This Determination: this project will help D'Youville College provide much needed parking due to the ever increasing enrollment at the college as well as clean up a corner that had the potential of becoming a neighborhood eyesore. The memory of the former St. Mary's Church, the bell was preserved and incorporated into the design of the new lot. The identified potential negative impacts appear to be primarily short -term site preparation and construction related activities, and do not appear to be significant in magnitude or effect. There are no actions related to the construction of this project which will have a significant adverse impact on the environment. For further information relative to this Negative Declaration, contact Mr. Martin Grunzweig, Land Use Controls Coordinator, Room 901 City Hall, and Buffalo New York 14202 - 716 851 -5085 Dated: July 16, 2013 RECEIVED AND FILED NO.4 PLAN BDOSEQR- NEGATIVE DECLARATION -195 READING(SOUTH) SEQRA Notice of Determination Non Significance Negative Declaration This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (SEAR - State Environmental Quality Review) of the Environmental Conservation Law. Lead Agency: City of Buffalo Planning Board Room 901, City Hall 65 Niagara Square Buffalo New York 14202 As per the provisions of SEAR, the Lead Agency has reviewed the following action as it relates to the environment: Action Title: Pellicano Specialty Foods: Storage Building Location: 195 Reading Street Type of Action: uncoordinated - unlisted Description: Pellicano Foods is proposing the construction of a Storage Building located at 195 Reading Street Buffalo New York. Pellicano Foods has recently considered relocating out of the City of Buffalo due to a need to expand their facilities. They have purchased a neighboring property next to their current manufacturing facility that recently became available. The building that was recently purchased in Blasdell New York is now for sale as Pellicano foods will remain in the City. They are a food distributer that began as a small operation and has grown to become a large corporation that prepares food products for local and national businesses such as Mighty Taco, Tops Markets, Anchor Bar, Wegman's, Walmart and many others. Most of Pellicanos employees are residents of the City of Buffalo. The storage building will be used to store raw materials used in the food manufacturing process. The building style is a pre- manufactured metal building. This project will also clean up a vacant lot that had not been maintained by its previous owner. As a result of this Environmental Review, the Lead Agency has determined the undertaking of This action will not have a significant adverse affect on the quality of the environment. No further environmental review of this action will be conducted prior to project implementation and a Draft Environmental Impact Statement will not be prepared. Reasons Supporting This Determination: This project will allow for the retention of local employees, clean up and revitalize a neighborhood eyesore, provide new loading docks easing congestion on Reading Street as well as keeping a local business in the City of Buffalo and on the city tax rolls. The identified potential negative impacts appear to be primarily short -term site preparation and construction related activities, and do not appear to be significant in magnitude or effect. There are no actions related to the construction of this project which will have a significant adverse impact on the environment. For further information relative to this Negative Declaration, contact Mr. Martin Grunzweig, Land Use Controls Coordinator, Room 901 City Hall, and Buffalo New York 14202 - 716 851 -5085 Dated: July 16, 2013 RECEIVED AND FILED FROM THE OFFICE OF STRATEGIC PLANNING NO. 5 STRAT PLAN- AMENDED RIDER FOR UTILITY EASEMENT AGREEMENT GREATER NIAGARA HERITAGE FESTIVAL /NIAGARA MOHAWK/ IN ODER TO INSTALL A POLE AT 1168 HERTEL (CITY OWNED PARKING) TO SUPPLY ELECTRICITY TO THE EXPANDED FESTIVAL(DEL) PRIOR COUNCIL REFERENCE: Item No. 18, C.C.P. July 9, 2013 Pursuant to Item No. 18, C.C.P. 7/9/2013 Your Honorable Body approved a Utility Easement and Rider in order for Niagara Mohawk to install a pole and new overhead wires in the city owned parking lot located at 1168 Hertel. The easement is necessary in order to obtain electricity to the expanded part of the Greater Niagara Heritage Festival. The Office of Strategic Planning, Division of Real Estate, has been informed by National Grid (Niagara Mohawk) that the condition set forth by Public Works in the Utility rider that "the City reserves unilateral right to terminate the Grantee's Easement rights granted under this Grant of Easement upon sixty (60) days prior written notice to Grantee in the event of a change of use of the subject property from publicly owned parking lot" be deleted from the Rider. The Division of Real Estate contacted the City's Corporation Counsel's Office and the Department of Public Works, Parks and Streets and they have both agreed to remove Item No. 7 which references this matter from the Utility Rider. I am recommending that Your Honorable Body approve the attached easement agreement along with the amended rider and 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, Division of Real Estate, dated July 15, 2013, be received and filed; and That the Common Council hereby approves the utility easement agreement and amended rider for the Greater Niagara Italian Heritage Festival, which was previously submitted by the Director of Real Estate be, for use of a city -owned parking lot at 1168 Hertel Avenue in order to install a pole and new overhead wires; and that the Mayor be authorized to execute the same. PASSED AYES 8, NOES 0 NO. 6 STRAT PLAN - APPROVE LAND USE AGREEMENT BETWEEN THE CITY OF BUFFALO AND NATIONAL GRID FOR USE OF 301 PARKDALE (LOT SIZE: APPROX. 37 X 134) NIAGARA DISTRICT The Office of Strategic Planning, Division of Real Estate has received a request from National Grid to use 301 Parkdale for the staging /storage in connection with the substation National Gird is rebuilding at 339 Potomac. The current construction schedule is proposed to last from October 2013 and end May 2015. The construction plans for the site include erecting a 8' high security fence with barbed wire and 20' access gate prior to the beginning of construction. National Grid will stone the property to handle the commercial vehicles, storage of Two (2) equipment trailers and material on site and will use the rest of the lot for crew parking. Once the project is complete National Grid will demo the fence and restore the property to the satisfaction of the City after completion of their project. The Land Use Planning Committee has no objections to this request. The Corporation Counsel's Office has reviewed the Access Agreement but reserves their right to make any necessary modifications to the attached agreement. The terms of the Access Agreement include but are not limited to the following: 1. National Grid shall pay a monthly rental fee of One Hundred Dollars ($100.00) per month 2. Provide insurance saving the City harmless as determined by the City's Corporation Counsel's Office. 3. Upon completion of the project, National Grid agrees to clean -up 301 Parkdale and fully restore the property to the satisfaction of the City. I am recommending that Your Honorable authorize the Office of Strategic Planning, Division of Real Estate to take all such steps and actions necessary to execute and process the Access Agreement and /or modifications thereto as shall be reasonable necessary to facility and implement the terms and provision of said agreement. Mr. Smith moved: That the above item be, and the above communication from the Office of Strategic Planning, Division of Real Estate, dated July 16, 2013, be received and flied; and That the Common Council hereby authorizes the Office of Strategic Planning, Division of Real Estate, to enter into an agreement with National Grid for the use of 307 Parkdale for the staging /storage in connection with the substation being built by National Grid at 339 Potomac provided the following conditions are satisfied: 1. That National Grid shall pay a monthly rental fee of One Hundred Dollars ($100.00 ) per month; 2. That National Grid provide insurance saving the City of Buffalo harmless as determined by the City's Corporation Counsel's Office; and 3. That upon completion of the project, National Grid agrees to clean up 301 Parkdale and fully restore the property to the satisfaction of the City. The Common Council hereby authorizes the Office of Strategic Planning, Division of Real Estate to take all such steps and actions necessary to execute and process the access agreement and /or modifications thereto as shall be reasonably necessary to facilitate and implement the terms and provisions of said agreement. PASSED AYES 8, NOES 0 NO. 7 STRAT PLAN - ASSIGNMENT OF ST. JOHN COMMUNITY DEVELOPMETN TOWNHOMES HOME AGREEMENT AND RELATED DOCUMENTS TO CITY OF BUFFALO URBAN RENEWAL AGENCY PRIOR COMMON COUNCIL REFERENCE: CCP #2 10/30/2012 In November, 2012, the City of Buffalo executed a HOME Funding Agreement with the St. John Fruitbelt Community Development Corporation for $2,750,000 in funding through the federal HOME Investment Partnerships Act. For all prior projects funded through HOME, the City of Buffalo Urban Renewal Agency (BURM acted as the program administrator and provided for the disbursement of funds to the developer. In July, 2012, the U.S Department of Housing and Urban Development required that, before any new HOME funds were released to the City, a formal contract be executed with BURA to act as the Subrecipient of HOME program funds. That sub recipient agreement is now in place and this Item requests the assignment of the City's HOME Agreement and all associated documents, including but not limited to the Promissory Note, Mortgage, Assignment of Leases and Rent and the Deed Restriction, to the City of Buffalo Urban Renewal Agency. BURA will provide for the administration of the grant funds and ensure compliance with all HOME regulations as provided in the Subrecipient Agreement between the City and BURA for administration of those funds. No HOME funds related to this project have yet been disbursed to the Developer. This Office requests and recommends that Your Honorable Body: 1. Approve the assignment of the HOME Agreement and all related HOME funding documents to the City of Buffalo Urban Renewal Agency for the purpose of BURA undertaking the administration and management of the $2,750,000.00 for the above described project; 2. Authorize the Corporation Counsel's Office to process the necessary assignments and all related documentation and negotiate same to finalization including such terms and provisions as are recommended by the Corporation Counsel and other pertinent City offices; 3. Authorize the Mayor and /or the Executive Director of the City's Office of Strategic Planning to execute the completed assignments and all related documentation; and 4. Authorize City staff to take such actions and enter into such arrangements and agreements as will most efficiently and appropriately effectuate the assignments and related documentation /matters. Mr. Smith moved: That the above item be, and the above communication from the Mayor's Office of Strategic Planning, dated July 16, 2013, be received and filed; That the Common Council hereby approves the assignment of the HOME Agreement and all related HOME funding documents to the City of Buffalo Urban Renewal Agency (BURA) for the purpose of BURA undertaking the administration and management of the $2,750,000.00 for the HOME Funding Agreement executed between the City of Buffalo and the St. John Fruitbelt Community Development Corporation; and that the Common Council hereby authorizes the Corporation Counsel's Office to process the necessary assignments and all related documentation and negotiate same finalization including such terms and provisions as are recommended by the Corporation Counsel and other pertinent City office; and that the Common Council hereby authorizes the Mayor and /or the Executive Director of the City's Office of Strategic Planning to executed the completed assignments and all related documentation; and that the Common Council hereby authorizes City staff to take such actions and enter into such arrangements and agreements as will most efficiently and appropriately effectuate the assignments and related documentation /matters. PASSED AYES 8, NOES 0 NO. 8 REPORT OF SALE 256 RHODE ISLAND, 54.50'SW NORMAL LOT SIZE: 27'X 110' ASSESSED VALUATION: LAND $4,100. IMPROVEMENT: $25,900. TOTAL $30,000. (NIAGARA DISTRICT) The Office of Strategic Planning, Division of Real Estate has received a request from Habitat for Humanity Buffalo, Inc., 995 Kensington Avenue, Buffalo, New York 14215 to purchase 256 Rhode Island Street. Habitat for Humanity Buffalo Inc. will rehabilitate this property and resell to a low to moderate income homebuyer. Renovations will include new electrical, plumbing and heating and the exterior work will include new roof, windows and siding. Habitat has built and /or rehabilitated nearly two hundred properties in the City since 1985. The property consists of 1,340 square feet, one and one half story frame, one family dwelling in poor condition situated on a lot 27' x 110'. The property was acquired by the City through In Rem #46 in October 2012. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. The Division of Real Estate has investigated the sale of similar properties in the subject area. Sales range from Eighty Cents ($.80) to One Dollar and Fifty One Cents ($1.51), per square foot, land value. The structure contributes little or no value to the overall market value of the subject property. Habitat for Humanity Buffalo, Inc. has agreed and is prepared to pay Four Thousand Four Hundred Dollars ($4,400), One Dollar and Forty Eight Cents ($1.48) per square foot for the subject property. They have also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 256 Rhode Island Street to Habitat for Humanity Buffalo, Inc. in the amount of Four Thousand Four Hundred Dollars $4,400). 1 am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. Mr. Smith moved: That the above item be, and the above item from the Office of Strategic Planning, dated July 15, 2013, be received and flied; That the offer from Habitat for Humanity Buffalo, Inc., 995 Kensington Avenue, Buffalo, New York 14215, in the amount of Four Thousand Four Hundred Dollars ($4,400.00) for the purchase of 256 Rhode Island, 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 NO. 9 REPORT OF SALE 275 WOLTZ, 850' N SYCAMORE LOT SIZE: 30'X 108' ASSESSED VALUATION: $1,600. (FILLMORE DISTRICT) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Habibur Rahman, 85 Columbia Street, Apt. 20 -D, New York, New York 10002 to purchase 275 Woltz Avenue. Mr. Rahman owns a two family house at 271 Woltz, which is adjoining to 275 Woltz. The vacant lot will be used for green space. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. Mr. Rahman commissioned Mr. Dale Kadish, real estate appraiser of Independent Appraisal Service to estimate the fair market value of 275 Woltz. He estimated the Fair Market Value to be Nine Hundred Dollars ($900). The City of Buffalo Appraisal Review Board reviewed the appraisal report and concurs with the appraiser's estimate of value. Mr. Rahman has agreed and is prepared to pay a total of Nine Hundred Dollars ($900.) for the subject property. He has also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 275 Woltz Avenue to Mr. Habibur Rahman for the amount of Nine Hundred Dollars ($900). 1 am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. Mr. Smith moved: That the above item be, and the above item from the Office of Strategic Planning, dated July 16, 2013, be received and filed; That the offer from Mr. Habibur Rahman, 85 Columbia Street, Apt. 20 -D, New York, New York 10002, in the amount of Nine Hundred Dollars ($900.00) for the purchase of 275 Woltz Avenue, 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 NO. 10 TRINITY TOWERS II HOUSING DEVELOPMENT FUND CORP /TRINITY TOWERS APARTMENTS II, LLC PILOT Your Honorable Body is hereby requested to approve the attached PILOT agreement between the City of Buffalo, the County of Erie, Trinity Towers II Housing Development Fund Corp. and Trinity Towers Apartments 11, LLC, or an entity formed or to be formed on behalf of the foregoing. This Project is being developed by Trinity Towers Apartments 11, LLC, or an entity formed or to be formed on behalf of the foregoing, which is proposing to undertake the substantial rehabilitation of a residential housing complex located at 25 Linwood Avenue. The project will consist of a total of eighty three (83) apartments, with twenty one (21) studio units, fifty nine (59) one bedroom units and three (3) two bedroom units. All of the units will be affordable for households with incomes below 60% of the area median income. The building is an approximately 67,590 square foot multi -story building structure together with parking areas containing 48 parking spaces. There will also be an elevator and laundry facilities on site. The Project will rehabilitate this building and maintain the eighty three (83) units as much needed affordable housing for low income households. It will help meet the priority need for housing for elderly residents with incomes below 60% of the area median income The property is currently owned by an exempt entity not paying any real property taxes, thus any amounts paid pursuant to the PILOT Agreement will be new revenues for the City of Buffalo. The amount of the PILOT payments were calculated based upon the City's PILOT policy that provides for payments in the amount of 5% of the total income assuming a five percent (5 %) vacancy. Payments will increase by three percent (3 %) per year for the duration of the 15 -year Pilot. Mr. Smith moved: That the above item be, and the above communication from the Executive Director of the Office of Strategic Planning, dated July 15, 2013, be received mad filed; and That the Common Council hereby authorizes the Office of Strategic Planning to approve a PILOT agreement between the City of Buffalo, the County of Erie, Trinity Towers II Housing Development Fund Corp. and Trinity Towers Apartments 11, LLC, or an entity formed or to be formed on behalf of the foregoing. The project being developed by the Trinity Towers Apartments 11, LLC, or an entity to be formed on behalf of the foregoing, which is proposing to undertake the substantial rehabilitation of a residential housing complex located at 25 Linwood Avenue. The project will consist of a total of eighty -three (38) apartments, with twenty -one (21) studio units, fifty -nine (59) one - bedroom units and three (3) two- bedroom units. All of the units will be affordable for households with incomes below 60% of the area median income. The building is an approximately 67,590 square foot multi -story building structure together with parking areas containing 48 parking spaces. The project will rehabilitate this building and maintain the eighty -three (83) units. This property is currently owned by an exempt entity not paying any real property taxes, thus any amounts paid pursuant to the PILOT Agreement will be new revenue for the City of Buffalo. The amount of the PILOT payments were calculated based upon the City's PILOT policy that provides for payments in the amount of 5% of the total income, assuming a 5% vacancy. Payments will increase by 3% per year for the duration for the 15 year PILOT. PASSED AYES 8, NOES 0 FROM THE COMPTOLLER NO. 11 CERTIFICATE OF NECESSITY TRANSFER OF FUNDS -CTY CLK -PW We, Byron W. Brown, Mayor and Mark J. F. Schroeder, Comptroller, do hereby certify, pursuant to Section §20 -12 of the Charter, that it is necessary that the sum of $ 30,000 be transferred and reappropriated as set forth below: From: 10220006 - 434004 City Clerk Neighborhood Initiatives $30,000 To: 141600006- 434000 Public Works - Parks and Recreation Contractual Services $30,000 Byron W. Brown, Mayor Mark J.F. Schroeder, Comptroller RECEIVED AND FILED NO. 12 IN REM AUCTION AUDIT -IN REM #46 Attached please find the audit report on the In Rem Auction. Copy available for review in the City Clerk's Office RECEIVED AND FILED FROM THE COMMISSIONER OF MANAGEMENT INFORMATION SYSTEMS NO. 13 REQUEST APPROVAL FOR 100% REFUND OF CURRENT FIREWALLS (2) AND MANAGEMENT APPLIANCE (1) The department of Management Information Systems requests approval from the Common Council to return the 2 current firewalls for a refund of 100% of original cost to the City of $17,514 and return of the current management appliance for a refund of 100% of the original cost to the City of $4,200 to be directly applied to the purchase of 2 new firewalls and 1 new management appliance. The security architecture upgrade is in direct response to the dramatic increase of volume on the existing installation in conjunction with a proactive stance regarding future procurement of communications bandwidth servicing the City of Buffalo City Hall network system, the Buffalo Police Department, the Buffalo Fire Department, the City of Buffalo Municipal Housing Authority and the City of Buffalo Sewer Authority. The details of the original purchase of the current installation are documented in the issued Purchase Order 13500048 for fiscal year 2013 Mr. Smith moved: That the above item be, and the above communication from the Chief Information Officer of the Department of Management Information Systems, dated July 22, 2013, be received and filed; and That the Common Council hereby authorizes the Chief Information Officer of the Department of Management Information Systems to return the two (2) current firewalls for a retired of 100% of the original cost to the City of $17,514.00, and for the return of the current management appliance for a retired of 100% of the original cost to the City of $4,200.00 to be directly applied to the purchase of two (2) new firewalls mad one (1) new management appliance. PASSED AYES 8, NOES 0 FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO. 14 CHANGE IN CONTRACT 60 HEDLEY PLACE RECONSTRUCTION - PHASE II JOB #11103 MASTEN DISTRICT I hereby submit to Your Honorable Body the following changes for 60 Hedley Place, Reconstruction, Phase II, Ledge Creek Development, Inc., C #93000937. 1. Remove (2) interior brick chimneys. Add $ 8,344.35 2. Modify basement floor excavation & corridor bearing wall details. Deduct $ 3,709.00 3. Remove remainder of stone walls at basement corridor walls; add additional Add $ 22,654.50 footings, columns and beams. 4. Modify entrance drive elevations and width. Add $ 1,761.42 5. Modify frame, door and hardware components. Deduct $ 68.04 6. Furnish and install steel support brackets for girder truss at elevator shaft Add $ 2,328.50 area. 7. Furnish and install mortised exit devices in order to make exit devices Add $ 1,430.39 compatible with electric strikes at 2 exterior doors. 8. Furnish and install stone lintel at 1 st floor window opening at SE corner of bldg. Add $ 1,193.70 Removal of existing window revealed structural crack in existing stone lintel. 9. Furnish and install range hood. Add $ 249.53 The foregoing changes result in a net increase in the contract of Thirty Four Thousand One Hundred Eighty Five and 35/100 Dollars ($34,185.35). Summary Original Contract $614,000.00 Amount of This Change Order ( #1) $ 34,185.35 Revised Contract Amount $648,185.35 Costs have been reviewed by the consulting architect (HHL Architects) and the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in 34323506 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 July 11, 2013, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to execute Change Order #1 in the amount of $34,185.35 (Original Contract Amount $614,000.00 + Change Order #1 $34,185.35 for a Revised Contract Amount of $648,185.35) for 60 Hedley Place, Reconstruction, Phase II, to Ledge Creek Development, Inc., C #93000937. Funds for this work are available in Account #34323506 445100 - Buildings. PASSED AYES -8 NOES -0 NO. 16 CHANGE IN CONTRACT - NORTH BUFFALO ICE RINK MODIFICATIONS (DE1) (DPW) I hereby certify to Your Honorable Body the following changes for the North Buffalo Ice Rink, Modifications, Goodwin Electric Corp. REFERRED TO THE COMMITTEE ON CIVIL SERVICE# 93001162 1. Furnish and install 2 Parallel runs of 5 in pvc sch 40 conduit; 4 Add $35,650.00 polymer concrete handholes & covers, pull rope in each conduit; provide trenching, backfill and concrete encasement for conduit system The forgoing changes result in a net increase in the contract of Thirty Five Thousand Six Hundred Fifty and 00/100 Dollars($35,650.00) Summary Original Contract Amount $128,000.00 Amount of this Change Order( #1) $ 35,650.00 Revised Contract Amount $163,650.00 Costs have been reviewed by the consulting architect(URS Corp.) and the Department of Public Works, Parks & Streets and were found to be fair and Equitable. Funds for this work are available in 35323106 445100 - Buildings 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 the Department of Public Works, Parks and Streets dated July 19, 2013, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to execute Change Order #1 in the amount of $35,650.00 (Original Contract Amount $128,000.00 + Change Order #1 $35,650.00 for a Revised Contract Amount of $163,650.00) for the North Buffalo Ice Rink Modifications, to Goodwin Electric Corp., C #93001162. Funds for this work are available in Account #35323106 445100 - Buildings, and an account to be named at a later date. PASSED AYES - 8 NOES — 0 NO. 16 CORRECTION ON ACCOUNTS- REPORT OF BIDS YWCA OF WNY, INC. VENTILATION IMPROVEMENTS PROJECT #32- 50204, 30 -50502 IMPROVEMENTS NORTH DISTRICT ITEM NO. 14 CCP 6/25/13 1 asked for on April 30, 2013, and received the following informal 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 Innovative Mechanical Systems No Bid 623 Young, Tonawanda, NY I hereby certify that the foregoing is a true and correct statement of all bids received and that MLP Plumbing & Mechanical, Inc., 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- 50502. Based on HUD requirements, Segregation of Housing Rehab and Public Facilities Cost, approximately 32 %, $23,168.00, of project cost will be charged to CDBG account 32 -50204 and approximately 68 %, $49,232.00, of project cost will be charged to CDBG account 30- 50502. 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 July 12, 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 are available in CDBG Accounts #32 -50204 and 30- 50502. PASSED AYES -8 NOES -0 NO. 17 CORRECTION OF PERMISSION TO ENGAGE SERVICES OF CONSULTING ENGINEER & ARCHITECT FOR THE PUBLIC FACILITIES IMPROVEMENTS ITEM NO.14 -42, C.C.P. 6/11/13 1 respectfully request that Your Honorable Body authorize the Department of Public Works, Parks and Streets to grant permission to hire a consultants to provide design, bid, construction and inspection phase services for the Public Facilities Improvements at the various Projects identified figure (a) at estimated costs not to exceed the amounts identified in figure (a). The funds for each respective project are available in Community Development Block Grant (CDBG) accounts also identified in figure (a). The consultants where chosen through the Request for Qualifications (RFQ) process. Figure (a) Architectural & Engineering Services Contract Not to CDBG Chargeable Project Name Prior Council Reference: exceed: Account Asarese Avaiable for review in the City Clerk's Office 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 July 17, 2013, be received and flied; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to hire a consultant to provide design, bid, construction and inspection phase services for the Public Facilities Improvements at the various projects listed below. The consultants were chosen through a Request for Qualifications (RFQ) process. The Public Facilities Projects are as follows: Asarese Matters Community Center Rehabilitation, in the mount of $31,600.00, funds are available in CDBG Account #38- 07202; Autumnwood Senior Center Rehabilitation in the amount of $13,899.00, funds are available in CDBG Account #37- 03200; Broadway Fillmore NHS Roof Rehabilitation in the amount of $13,255.00, funds are available in CDBG Account #36- 10200; Broadway Market Rehabilitation in the amount of $20,000.00, funds are available in CDBG Account #38- 50208; CEM Community Center Rehabilitation in the amount of $16,500.00, funds are available in CDBG Account #38- 08202; CRUCIAL Community Center Rehabilitation in the amount of $20,000.00, funds are available in CDBG Account #38- 10207; Delavan Grider Community Center Rehabilitation in the amount of $55,000.00, funds are available in CDBG Account #38- 16201; East Utica Community Center Rehabilitation in the amount of $20,000.00, funds are available in CDBG Account #38- 14202; Edward Saunders Community Center Rehabilitation in the amount of $100,380.00, funds are available in CDBG Account #38- 01202; Gloria Parks Community Center Rehabilitation in the amount of $40,000.00, funds are available in CDBG Account #38- 01201; Hennepin Park Community Center Rehabilitation in the amount of $23,460.00, funds are available in CDBG Account #38- 03202; Hispanics United of Buffalo Center Rehabilitation in the amount of $13,000.00, fund are available in CDBG Account #38- 14203; John F. Kennedy Community Center Rehabilitation in the amount of $243,794.00, funds are available in CDBG Account #38- 14201; Matt Urban Center Rehabilitation in the amount of $35,000.00, funds are available in CDBG Account #38- 10204; Meals On Wheels Center Rehabilitation in the amount of $20,000.00, funds are available in CDBG Account #39- 50203; North Buffalo Community Center Rehabilitation in the amount of $50,000.00; funds are available in CDBG Account #38- 11201; North West Buffalo Community Center Rehabilitation in the amount of $50,000.00, funds are available in CDBG Account #38- 07203; Old First Ward Community Center Rehabilitation in the amount of $112,373.00, funds are available in CDBG Account #38- 05200; Parks & Playgrounds Rehabilitation in the amount of $119,000.00, funds are available in CDBG Account #39- 50200; Polonia Hall Building Rehabilitation in the amount of $143,542.00, funds are available in CDBG Account #38- 10205; Pratt Willert Community Center Rehabilitation in the amount of $136,032.00, funds are available in CDBG Account #37- 14200; Streets and Sidewalks Improvements in the amount of $331,5.85.00, funds are available in CDBG Account #37- 50204; Roosevelt Park Improvements in the amount of $40,467.00, funds are available in CDBG Account #35- 50213; Schiller Park Senior Community Center Rehabilitation in the amount of $259,574.00, funds are available in CDBG Account #38- 03200; South Buffalo Senior Center Rehabilitation in the amount of $13,320.00, funds are available in CDBG Account #38- 04200; TJ Dulski Center Rehabilitation in the amount of $56,737.00, funds are available in CDBG Account #38- 10206 and West Side Services Community Center Rehabilitation in the amount of $47,014.00, funds are available in CDBG Account #38- 08200. PASSED AYES -8 NOES -0 NO. 18 PERMISSION TO ENGAGE SERVICES OF CONSULTING ENGINEER FOR DESIGN SERVICES ABBOTT ROAD STREETSCAPE FEASIBILITY STUDY SOUTH DISTRICT I respectfully request that Your Honorable Body authorize the Department of Public Works, Parks and Streets to grant permission to hire a consultant to provide design phase services for the Abbott Road Streetscape Feasibility Study. The costs for Consulting services are estimated not to exceed $20,000.00. The funds are available in Capital account(s) 36319506 445100 and /or an account(s) to be named at a later date. The consultant will be chosen through a Request for Qualifications (RFQ) process. Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated July 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 hire a consultant to provide design phase services for the Abbott Road Streetscape Feasibility Study. The consultant will be chosen through a Request for Qualifications (RFQ) process. The funds are available Capital Account(s) 36319506 445100 and /or an account(s) to be named at a later date. PASSED AYES -8 NOES -0 NO. 19 PERMISSION TO ENGAGE SERVICES OF CONSULTING ENGINEER FOR DESIGN SERVICES BAILEY & GERALD TRAFFIC SIGNAL FINAL DESIGN, CONSTRUCTION ADMINISTRATION AND OBSERVATION UNIVERSITY DISTRICT I respectfully request that Your Honorable Body authorize the Department of Public Works, Parks and Streets to grant permission to hire a consultant to provide design and construction phase services for a new traffic signal to be installed at Bailey & Gerald. The costs for consulting services are estimated not to exceed $50,000.00. The funds are available in Capital account(s) 32311606- 445100 and /or an account(s) to be named at a later date. The consultant will be chosen through a Request for Proposal (RFP) process. Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated July 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 hire a consultant to provide design and construction phase services for a new traffic signal to be installed at Bailey and Gerald. The consultant will be chosen through a Request for Qualifications (RFQ) process. The funds are available Capital Account(s) 32311606- 445100 and /or an account(s) to be named at a later date. PASSED AYES -8 NOES -0 NO. 20 PERMISSION TO ENGAGE SERVICES OF CONSULTING ENGINEER FOR DESIGN AND CONSTRUCTION SERVICES FOR THE FORMER BERN METAL SITE REHABILITATION EMERGENCY ORDER OF NYSDEC FILLMORE DISTRICT I respectfully request that Your Honorable Body authorize the Department of Public Works, Parks and Streets to grant permission to hire ARCADIS to perform design and construction administration and observation services for the former Bern Metal Site (Site). The Site is a former brownfield location where contaminated materials have been buried beneath clean fill. As part of its quarterly inspection process the NYSDEC pointed out areas where slopes at the Site appear to be subsiding and has ordered the City to design and construct a remedy. The costs for consulting services are estimated not to exceed $50,000.00. The funds are available in Capital account(s) 31310906 - 445100 and /or an account(s) to be named at a later date. ARCADIS has been selected on an emergency basis based on their qualifications in this area of engineering and their knowledge of the Site from having designed the original brownfield remediation. Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated July 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 hire ARCADIS on an emergency basis to provide design and construction administration and observation services for the former Bern Metal Site. The consultant will be chosen through a Request for Qualifications (RFQ) process. The funds are available Capital Account(s) 31310906 - 445100 and /or an account(s) to be named at a later date. PASSED AYES -8 NOES -0 NO. 21 PERMISSION TO ENGAGE SERVICES OF CONSULTING ENGINEER FOR DESIGN AND BIDDING PHASE SERVICES FOR OBERLIN STREET WATERMAIN REPLACEMENT I respectfully request that Your Honorable Body authorize the Department of Public Works, Parks end Streets to grant permission to hire Watts Architecture & Engineering for design and bidding phase services for a new 8 -inch watermain to be constructed on Oberlin Street. The new watermain is necessary to improve water service and fire protection to the residents in this neighborhood. The work will include engineering, deign and bid phase services. The consultant was chosen through a Request for Qualifications (RFQ) process and they will prepare detailed design drawings and specifications. The funds ere 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 July 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 hire Watts Architecture & Engineering for design and bidding phase services for a new 8 -inch watermain to be constructed on Oberlin Street. The new watermain is necessary to improve water service and fire protection to the residents in this neighborhood. The consultant was chosen through a Request for Qualifications (RFQ) process. The funds are available in Division of Water account(s) 53230786 445100, and an account(s) to be named at a later date. PASSED AYES -8 NOES -0 NO. 22 PERMISSION TO ENTER INTO INTERMUNICIPAL AGREEMENT FOR RESURFACING KENMORE AVENUE FAIRFIELD TO ELMWOOD DELAWARE NORTH AND UNIVERSITY DISTRICTS The City of Buffalo and Erie County jointly own Kenmore Avenue and are responsible for maintenance of their half of the roadway surface. In order to provide taxpayers with the best product at the most cost - effective price this Department requests Your Honorable Body authorize the Mayor and /or Commissioner of Public Works, Parks and Streets to enter into all necessary agreements with Erie County to execute the work as follows: 1. Erie County will undertake resurfacing the entire width of Kenmore Ave from Fairfield to Colvin in 2013. 2. The City of Buffalo will undertake resurfacing the entire width of Kenmore Ave from Colvin to Elmwood in 2014. These agreements would enable this Department to administer this project and will cover all necessary work needed to complete the design, inspection and construction of the project. All agreements shall be subject to approval as -to -form of the Corporation Counsel. 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 July 17, 2013, be received and filed; and That the Common Council hereby authorizes the Mayor and /or the Commissioner of the Department of Public Works, Parks and Streets to enter into an agreement with Erie County for the resurfacing of Kenmore Avenue, and all agreements shall be subject to approval as to form by the Corporation Counsel's Office, as follows: • Erie County will undertake resurfacing the entire width of Kenmore Avenue from Fairfield to Colvin in 2013. • The City of Buffalo will undertake resurfacing the entire width of Kenmore Avenue from Colvin to Elmwood in 2014. PASSED AYES -8 NOES -0 NO. 23 PERMISSION TO ENTER INTO INTERMUNICIPAL AGREEMENT FOR RESURFACING VULCAN STREET NIAGARA TO TONAWANDA NORTH DISTRICT The City of Buffalo and Town of Tonawanda jointly own Vulcan Street and are responsible for maintenance of their half of the roadway surface. In order to provide taxpayers with the best product at the most cost - effective price this Department requests Your Honorable Body authorize the Mayor and /or Commissioner of Public Works, Parks and Streets to enter into all necessary agreements with the Town of Tonawanda to execute the work as follows: 1. The Town of Tonawanda will resurface the entire roadway width with its own forces in 2013. 2. The City of Buffalo will pay for the asphalt material that is incorporated into the project. These agreements would enable this Department to administer this project and will cover all necessary work needed to complete the design, inspection and construction of the project. All agreements shall be subject to approval as -to -form of the Corporation Counsel. 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 July 17, 2013, be received and filed; and That the Common Council hereby authorizes the Mayor and /or the Commissioner of the Department of Public Works, Parks and Streets to enter into an agreement with the Town of Tonawanda for the resurfacing of Vulcan Street, and all agreements shall be subject to approval as to form by the Corporation Counsel's Office, as follows: • The Town of Tonawanda will resurface the entire roadway width its own forces in 2013. • The City of Buffalo will pay for the asphalt material that is incorporated into the project. PASSED AYES -8 NOES -0 NO. 24 PERMISSION TO HIRE CONSULTANT FOR CITYWIDE PARKS IMPROVEMENTS VARIOUS DISTRICTS Permission is hereby requested from your Honorable Body to retain Nussbaumer and Clarke, Inc as a consultant for the Architectural and Engineering Services for the 2013 -2014 Citywide Parks Improvements. The improvements will consist of, but not be limited to, final design and construction oversight for Broderick Park Phase II and City -wide Play Courts Phase II. 250,000 is the "not to exceed" cost for the proposed contract. Funds are available in account #36400116- 445100 - Parks, and account(s) to be named at a later date. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets, dated July 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 hire Nussbaumer and Clarke, Inc. as a consultant for the Architectural and Engineering Services for the 2013 -2014 Citywide Parks Improvements. The funds are available in Account #36400119- 445100 - Parks, and an account(s) to be named at a later date. PASSED AYES -8 NOES -0 NO. 26 PERMISSION TO HIRE CONSULTANT J. B. WILEY SPORTS COMPLEX FOOTBALL FIELD RELIGHTING JOB #1316 ELLICOTT DISTRICT I hereby request that Your Honorable Body authorize the Department of Public Works, Parks and Streets grant permission to hire DiDonato Associates as a consultant to provide architectural/ engineering services for J. B. Wiley Sports Complex, Football Field Relighting. The cost for consulting services is estimated not to exceed $22,700.00. The funds are available in 36400006 445100 - Parks. 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 July 11, 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 DiDonato Associates as a consultant to provide architectural /engineering services for the J.B. Wiley Sports Complex, Football Field Relighting. The consultant was chosen through a Request for Qualifications (RFQ) process. The funds are available in Account #36400006 445100 - Parks. PASSED AYES -8 NOES -0 NO. 26 REPORT OF BIDS GROUP# 760 -B CITY -WIDE SIDEWALKS & CURBS CDBG FUNDED In obtaining these bids for the above mentioned project, I have asked for unit price covering the various items of work and material which will be performed. The final cost of the work will be based on the actual measured quantities of materials entering into the work and may be either more or less than the total bid. The following bids were received: Base Bid Base Bid+ 10% Unit Price Increase P & J Construction Co., Inc. $635,922.00 $699,514.20 709 Pleasant View Drive, Lancaster, NY 14086 Edbauer Construction' "Bid Not Acceptede I hereby certify that the low bidder for the above project is P & J Construction Co., Inc. I respectfully recommend a contract award in the amount of $699,514.20 ($635,922.00 -Base Bid +$63,592.20-10% unit price increase = $ 699,514.20 Total Contract Amount). Funds for this contract are available in CDBG account #CH9B2027- 470000 and /or an account to be named at a later date. The engineer's estimate for this work is $ 590,000.00 The attached is certified to be a true and correct statement of the bid received. Under provisions of the General Municipal Law, any of the bidders may withdraw his bid if an award of the contract is not made by September 2 " 2013. Individual bid submissions are available in our office for inspection and copies are available upon request. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets, dated July 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 enter into an agreement for the City -wide sidewalks and curbs, CDBG Funded, Group #760 -B, with P & J Construction Co., Inc., in the amount of $699,514.20 (Base Bid of $635,922.00 + 10% unit price increase of $63,592.20 for a Total Contract Amount $699,514.20). Funds are available in CDBG Account #CHgB2027- 470000 and /or an account(s) to be named at a later date. PASSED AYES -8 NOES -0 NO. 27 REPORT OF BIDS SOUTH DIVISION / SMITH ST PLAYGROUND (TYLER LIKOS PARK) IMPROVEMENTS PROJECT # 36- 10202, IDIS #8492 FILLMORE DISTRICT I asked for on June 24, 2013, and received the following Improvements, which were publicly opened and read on July 12, 2013. Base Bid Alt #1 Alt #2 Titan Development $ 7,995.00 $2,500.00 $2,000.00 Gardenville Landscape, Inc. $ 7,948.00 $2,700.00 $3,811.50 Gleason's Nursery, Inc. $11,889.00 $2,000.00 $1,895.00 Lamparelli Construction $12,984.00 $2,625.00 $2,160.00 Scott Lawn, Inc. No bid Miller Enterprises, Inc. No bid Alternate #1: Trees Alternate #2: Sidewalks I hereby certify that the foregoing is a true and correct statement of all bids received and that Titan Development, with a Base Bid of $7,995.00, add Alternate #1 for $2,500.00, add Alternate #2 for $2,000.00, for a total bid of Twelve Thousand Four Hundred Ninety Five and 00/100 Dollars ($12,495.00) 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 funds 36- 10202, IDIS #8492, 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 the Department of Public Works, Parks and Streets, dated July 15, 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 Tyler Likos Park Improvements with Titan Development, in the amount of $12,495.00 (Base Bid of $7,995.00 + Alternate #1 for $2,500.00 + Alternate #2 for $2,000.00for a Total Bid Amount $12,495.00). Funds are available in CDBG funds 36- 10202, IDIS #8492, and an account to be named at a later date. PASSED AYES 8, NOES 0 NO. 28 REPORT OF BIDS, GROUP #774 STREET AND SIDEWALKS, YEAR 39 - 50202 CDBG FUNDED In obtaining these bids for the above mentioned project, I have asked for unit price covering the various items of work and material which will be performed. The final cost of the work will be based on the actual measured quantities of materials entering into the work and may be either more or less than the total bid. The following bids were received: Base Bid Base Bid + 10% Unit Price Increase Destro & Brothers Concrete Co., Inc. $1,611,912.96 $1,773,104.26 411 Ludington Street, Buffalo, NY 14206 Amherst Paving, Inc. $1,627,531.71 $1,790,284.88 330 Meyer Road, Amherst, NY 14227 Sicar Management & Construction, Inc. $1,683,183.06 $1,851,501.37 1168 Jamison Road, Elma, NY 14059 1 hereby certify that the low bidder for the above project is Destro & Brothers Concrete Co., Inc. I respectfully recommend a contract award in the amount of $1,773,104.26 ( $1,611,912.96 -Base Bid + $161,191.30 - 10% unit price increase - $1,773,104.26 Total Contract Amount) . Funds for this contract are available in CDBG funds 39 -50202 and /or an account to be named at a later date. The engineer's estimate for this work is $1,870,000.00 The attached is certified to be a true and correct statement of the bid received. Under provisions of the General Municipal Law, any of the bidders may withdraw his bid if an award of the contract is not made by September 2 2013. Individual bid submissions are available in our office for inspection and copies are available upon request. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets, dated July 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 enter into an agreement for Group #774, Street and Sidewalk, Year 39, CDBG Funded, with Deestro & Brothers Concrete Co., Inc., in the amount of $1,773,104.26 (Base Bid of $1,611,912.96 + 10% Unit Price Increase of $161,191.30 for a Total Contract Amount $1,773,104.26). Funds are available in CDBG funds 39 -50202 and /or am account to be named at a later date. PASSED AYES 8, NOES 0 NO. 29 REQUEST FOR APPROVAL FOR 2013 -2014 CITYWIDE TREE MANAGEMENT AND PLANNING AGREEMENT BETWEEN CITY OF BUFFALO AND WENDEL Requests for Proposal were publicly announced June 29, 2013 and I received the following formal sealed proposal for 2013 -2024 Citywide Tree Management and Planning which was publicly opened on July 3, 2013. The following proposal was received: Company Proposal Wendel $159,650.00 1 hereby certify that the foregoing is a true and correct statement of all proposals received and that Wendel, with a bid of one hundred fifty -nine thousand, six hundred fifty dollars ($159,650.00), is the lowest responsible proposer in accordance with the scope of services. I hereby respectfully request that Your Honorable Body approve this agreement between the City of Buffalo and Wendel to provide professional services necessary for related planning and management of City owned trees. Funds for this work are available in Account #35403906 - 445100, #1457006 - 480000 and account(s) to be named at a later date. Your consideration toward this request is greatly appreciated. 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 July 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 with Wendel to provide professional services necessary for the 2013 -2014 Citywide Tree Management and Planning for City -owned trees, in the amount of $159,650.00. Funds for this work are available in Accounts #35403906 - 445100, 1457006 - 4800000, and an account(s) to be named at a later date. PASSED AYES 8, NOES 0 NO. 30 REQUEST TO PURCHASE EQUIPMENT - "COATS" 1000 D WHEEL BALANCER Purchase (1) one "Coats" 1000 D wheel balancer for tire room. 28mm shaft 220V/1 ph, direct drive, self calibrating, 1.5 hp w/ standard accessories: 4 standard cones = 3 auto, 1 truck, back cone spring, hub nut & pressure drum, calipers, heel weight pliers, storage shelf Total $4,000.00 Myers Tire Supply 1 800 331 6908 5858 E. Molloy Rd Syracuse NY 13211 Funds from 15050007 - 474100 Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Street, dated July. 16, 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) "Coats" 1000 D wheel balancer for the tire room in the total amount of $4,000.00 from Myers Tire Supply. Funds are available in Account #15050007- 474100. PASSED AYES 8, NOES 0 NO. 31 REQUEST TO PURCHASE EQUIPMENT- IMPACT WRENCHES Purchase (2) 3/4" impact wrenches Ingersol Rand # IR -261 -3 Working torque 200 -900 ft /Ibs Max torque 1000 ft /Ibs + 3" extended anvil Purchase (1) 1" impact wrench Ingersol Rand # IR- 28513-6 Working torque 100 -1000 ft /Ibs Max torque 1450 ft /Ibs Total $2,000.00 Myer Tire Supply 1- 800 - 331 -6908 5858 East Molly Rd Syracuse NY 13211 Funds from: 15050007 - 474100 Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Street, dated July 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 purchase the following: 1. Two (2) 3/4" impact wrenches, Ingersol Rand #IR -261 -3 working torque 200 -900 ft /Ibs from Myer Tire Supply; and 2. One (1) 1" impact wrench, Ingersol Rand #IR- 285B -6 working torque i00 -1000 ft /Ibs from Myer Tire Supply. The total cost for this equipment is $2,000.00. Funds are available in Account #15050007 - 474100. PASSED AYES 8, NOES 0 NO. 32 REQUEST TO PURCHASE EQUIPMENT -JOHN DEERE LOADER Purchase (1) New John Deere Loader w /multi purpose bucket /hitch & Install Motorola 2 way radio from NYS OGS # 22063 40603 -PC -65307 Total $149,767.61 5 Star Equipment 284 Ellicott Rd Orchard Pk NY 14127 Funds from: 15050007 - 474100 Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Street, dated July 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 purchase one (1) John Deere loader with multi - propose bucket /hitch, and installation of Motorola two -way radio from NYS OGS #22063 40603 -PC- 65307, from 5 Star Equipment in the total amount of $149,767.61. Funds are available in Account # 15050007 - 474100. PASSED AYES 8, NOES 0 NO. 33 REQUEST TO PURCHASE EQUIPMENT- LINCOLN TIRE REPOAR VULCANIZER Purchase (1) Lincoln tire repair Vulcanizer Model 400B w/ 8 Piece contour plate package Purchase impact socket adapters (2) 3/4" male to 1" female (2) 1" male to 3/4" female (2) 1/2" male to 3/4" female Purchase (2) underlift support stands AFF #3315A 2 ton adjustable 55' to 85' Total $1,210.00 Myers Tim Supply 5858 East Molloy Rd Syracuse NY 33211 Funds from: 15050007 - 474100 Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Street, dated July 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 purchase one (1) Lincoln tire repair Vulcanizer Model 400B with 8 piece contour plate package, impact socket adapters, and two (2) underlift support stands from Myers Tire Supply in the total amount of $1,210.00. Funds are available in Account #15050007 - 474100. PASSED AYES 8, NOES 0 NO. 34 REQUEST TO PURCHASE EQUIPMENT -POST LIFTS Purchase & Install (2) two 15,000 lb. two post lifts for tire room from NYS contract #PC64743 MohawkTP -16 @ $11,777.81 $23,555.62 TOTAL $23,555.62 Mohawk Resource 1 800 833 2006 65 Vrooman Ave Amsterdam NY 12010 Funds from: 15050007474100 Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Street, dated July 16, 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 and install two (2) 15,000 lb. post lifts for the tire room from NYS contract #PC64743 from Mohawk Resource in the total amount of $23,555.62. Funds are available in Account #15050007 - 474100. PASSED AYES 8, NOES 0 NO. 36 REQUEST TO PURCHASE EQUIPMENT- ROTARY MACH 6W TRUCK LIFTS Purchase (6) six Rotary Mach 6W wireless Truck Lifts From contract # 7574 @ 8075.00 ea. $48,450.00 Total $48,450.00 Filtrec Corp 5440 Lockwood Rd Auburn NY 13021 1 315 253 9266 Funds from: 15050007 - 474100 Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Street, dated July 12, 2013, be received and filed; mad That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to purchase six (6) Rotary Mach 6W wireless truck lifts from Contract #7574 from Filtrec Corp in the total amount of $48,450.00. Funds are available in Account # 15050007- 474100. PASSED AYES 8, NOES 0 NO. 36 REQUEST TO PURCHASE VEHICLES - TANDEM AXLE CHASSIS Purchase (1) Tandem Axle Chassis from Bflo Truck @ $94,800.00 To be drop shipped to refuse co. bid 7/5/13 Total $ 94,800.00 Purchase (4) Single Axle Dump Chassis from recent contract # 7/5/13 to replace 1998 units. @ $ 97,789 ea- 7000.00 trade in $ 90,789 ea. Total All taken out of: 15050007 - 474200 $363,156.00 Mr. Smith moved That the above item be, and the above communication from the Department of Public Works, Parks and Street, dated July 12, 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) tandem axle chassis from Buffalo Truck in the amount of $94,800.00; and four (4) single axle dump chassis to replace 1998 units, in the amount of $90,789.00, for a total amount of $363,156.00. Funds are available in Account #15050007 - 474100. PASSED AYES 8, NOES 0 NO. 37 REQUEST TO PURCHASE VEHICLES -TIGER MOWER DECKS Purchase (6) Tiger RF 75 Sd flail Mower Decks for lot crews to replace old /worn Alamo decks. Existing contract # 7580 @ 6,321.50 $37,929.00 Total $37,929.00 Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Street, dated July 12, 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 six (6) Tiger RF 75 Sd flail mower decks from contract #7580 in the amount of $37,929.00. PASSED AYES 8, NOES 0 N0. 38 REQUEST TO PURCHASE VEHICLES - SINGLE AXLE CHASSIS Permission to TRADE ADDITIONAL (3) three single axle Freightliner chassis S 35, S 36 S 38 that will be traded in to the awarded vendor from the Single Axle Chassis bid on 7/5/2013. These are in addition to S 30, S 31, S 32, S 33, S 34 that were included. The total will be (8) trades for (8) new Chassis. New chassis are as follows: (4) Single axle from 36309106- 445100 $344,000.00 (CC approval # 50) (4) Single axle from $363,156.00 (Already have request in) 15050007 - 474200 Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Street, dated July 12, 2013, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to trade eight (8) single axle Freightliner chassis for eight (8) new chassis. The total cost is $707,156.00. Funds are available in Accounts #36309106- 445100 and 15050007- 474200. PASSED AYES 8, NOES 0 NO. 39 APPOINT PARK UTILITY WORKER(PROV)(INTER)(JAECKLE) Certificate of Appointment Appointment Effective: 7/8/13 in the Public Works, Parks, & Streets Division of Parks to the Position of Park Utility Worker Provisional Open - Competitive Intermediate Starting salary of $25,100. Buy Jaeckle, 83 Fuller St, Buffalo 14207 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 40 APPOINTASSISTANT FILTRATIONPLANT OPERATOR(TEMP)(INTER)(MACHIN) Certificate of Appointment Appointment Effective: 7/22/13 in the Public Works, Parks, & Streets Division of Water to the Position of Assistant Filtration Plant Operator Temporary Open- Competitive Intermediate Starting salary of $39,101 Eric Machin, 14 Rosedale St., Buffalo 14207 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO.41 APPOINT FILTRATION PLANT OPERATOR(PROV)(INTER)(JANICKI) Certificate of Appointment Appointment Effective: 7/22/13 in the Public Works, Parks, & Streets Division of Water to the Position of Assistant Filtration Plant Operator Provisional Open- Competitive Intermediate Starting salary of $41,875 Matthew Janicki, 111 Porter Avenue, Buffalo 14201 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 42 APPOINT WATER LINE INSPECTOR(PERM)(INTER)(ABATE) Certificate of Appointment Appointment Effective: 7/22/13 in the Public Works, Parks, & Streets Division of Water to the Position of Water Line Inspector Permanent Open - Competitive Intermediate Starting salary of $44,397 Salvator Abbate, 459 S. Lawrence St. Buffalo 14206 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF POLICE NO. 43 APPROVAL TO ACCEPT TWO (2) VEHICLES FROM US MARSHALS The Buffalo Police Department recently received correspondence from the US Marshals concerning the acquisition of two vehicles for use by the Buffalo Police Detectives assigned to the US Marshals Violent Felony Warrant Task Force. The US Marshals has proposed to order and purchase two vehicles that will be titled, owned, and maintained by the Buffalo Police Department. All costs associated with the purchase of these vehicles will be borne by the US Marshal Service. The vehicles must be assigned to the Buffalo Police members &the Violent Felony Warrant Task Force. In addition, the US Marshals are finalizing a package that will also provide $5,000 per vehicle to purchase necessary emergency equipment to outfit the vehicles - lights, sirens, etc. Therefore, in consideration of the above, the Buffalo Police Department hereby requests approval from your Honorable Body to accept and add the following vehicles to the Buffalo Police Fleet: One (1) Ford Explorer 4 X 4 One (1) Ford F150 XL If you have any questions or concerns, please contact Chief Dennis Richards at 851 -4521 or Inspector Joseph Strano at 851 -4879. Thank you in advance for your cooperation and expediency in addressing this matter. Mr. Smith moved: That the above item be, and the above communication from, the Commissioner of the Buffalo Police Department, dated July 18, 2013, be received and filed; and That the Common Council hereby authorizes the Buffalo Police Department to accept two (2) vehicles from the U.S. Marshals for use by the Buffalo Police Detectives assigned to the U.S. Marshals Violent Felony Warrant Task Force. The vehicles are one (1) Ford Explorer 4X4 and one (1) Ford F150 XL. PASSED AYES 8, NOES 0 NO. 44 APPROVAL TO PURCHASE NEW POLICE VEHICLES Per the adopted 2013/2014 fiscal year budget, the Buffalo Police Department hereby requests approval from your honorable body to begin the purchase process for the following vehicles that are to be added to the Buffalo Police fleet: Up to 30 marked Chevy Tahoes The Buffalo Police Department and the Purchase Department will follow local procurement guidelines by obtaining the best possible price for these vehicles and the required options. The actual number of vehicles purchased will be dependent on price and the required options and additional equipment needed to complete the vehicles. The purchase of these vehicles will be made utilizing general fund capital outlay funds in the 2013/2014 Police Department Budget designated for tiffs purpose. If you have any questions or concerns, please contact Inspector Joseph Strano at 851 -4879. Thank you in advance for your cooperation and expediency in addressing this matter. Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Street, dated July 18, 2013, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Buffalo Police Department to purchase up to thirty (30) marked Chevrolet Tahoes to be added to the Buffalo Police fleet, subject to the condition that any window tint on such vehicles shall allow for clear vision into and out of the vehicles in daylight and at night, and that no vehicle shall be accepted that has any dark tint at any window. Funds are available in the general fund capital outlay funds in the 2013/2014 Police Department Budget designated for this purpose. PASSED AYES 8, NOES 0 NO. 46 DRUG ASSET FORFEITURE WIRE TRANSFERS PRIOR COUNCIL REFERENCE: Item No. iO4, C.C.P. 2/2/88 11 - FBI - 005315 245D -BF -40917 436.91 13 -DEA- 576875 C2 -13 -0013 257.56 13 -DEA- 576674 C2 -13 -0033 1,187.91 13 - DEA- 576674C2 -13 -0033 332.19 (15% SAFF DEP# 19) TOTAL TOTAL $2,214.57 The Drug Enforcement Administration (DEA), U.S. Customs and /or the FBI has administratively forfeited the above referenced property. The funds were received by this Department through wire transfers and duly deposited in the Trust & Agency Account, #20010000 - 389001. 15% of the DEA funds have been deposited into SAFF account 10496 for fulfilling year 7 expenditures under SAFF legislation. The remaining funds will be placed into one or more of the following accounts as deemed necessary by the Commissioner of Police: Educational Training /Seminar, Confidential Funds, Materials and Supplies, Firearms and Weapons, Communications and Computers, Electrical Surveillance, Purchase of Services, Improvements, Vehicles, Operating Equipment If you have any questions regarding the above mentioned, please contact Inspector Joseph Strano at 851 -4624. RECEIVED AND FILED NO. 46 CITY'S POLICE DEPARTMENT'S PROPOSED AGREEMENT WITH POLICE ATHLETIC LEAGUE OF BUFFALO, INC. (PAL) FOR THE ADMINISTRATION OF FUNDING FOR THE BUFFALO PEACEMAKERS PROGRAM TO FACILITATE MENTORING, VIOLENCE PREVENTION AND LIFE EXPERIENCE ENHANCEMENT FOR CITY RESIDENTS. ITEM NO. 46 C.C.P. 4/02/13 The City of Buffalo's Police Department (the "Department ") is positioned to enter into a two -year agreement with PAL to facilitate proper utilization of up to $100,000 per year, from the Police Department Budget to assist with creation /implementation of the Buffalo Peacemakers Program. The PAL in turn is expected to enter into an agreement with Back to Basics Outreach Ministries, Inc. for the proper administration of funding for the Buffalo Peacemakers Program. The Buffalo Peacemakers program provides mentoring, violence prevention, and life enhancement services to City residents. The Peacemakers provide proactive intervention in the lives of gang - involved or at -risk youth, ages 13 -21. The Peacemakers redirect youth into healthy lifestyles while responding to violent assaults and shootings. Peacemakers will work in concert with law enforcement officials to build safe neighborhoods in the City of Buffalo. Accordingly, the Department requests your Honorable Body to: 1. Grant the Commissioner and the Department the specific authority to enter into a two -year agreement in form and substance similar to the agreement attached hereto and expend up to $100,000 per year to achieve these objectives, 2. Authorize the Department and or other appropriate City staff to take all such steps and actions and to execute and or process such additional documentation, agreements and or modifications thereto as shall be necessary to facilitate and implement the terms and provisions of these objectives and the agreement, and 3. Direct the Corporation Counsel and other appropriate City and Department personnel to negotiate to finalization said agreement and other necessary documentation and agreements wherever necessary for execution and actual implementation of the above tasks and objectives. The Buffalo Common Council previously approved funding for this program to be funded from Federal Forfeiture Asset Funds. The approving motion and communication are attached hereto as Exhibit A. Funds for this program are available in Organization 12005006 - Object 434000 (Police & Other Contractual Services Department Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Buffalo Police Department, dated July 21,2013, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Buffalo Police Department to enter into a two -year agreement with the Police Athletic League of Buffalo, Inc. ( "PAL ") to facilitate utilization of up to $100,000.00 per year, from the Police Department Budget to assist with the creation /implementation of the Buffalo Peacemakers Program. PAL in turn will enter into an agreement with Back to Basics Outreach Ministries, Inc for the proper administration of funding for the Buffalo Peacemakers Project; and the Common Council hereby authorizes the Buffalo Police Department and /or other appropriate City staff to take all such steps and actions and to execute and /or process such additional documentation, agreements and /or modifications thereto as shall be necessary to facilitate and implement the terms and provisions of these objectives and the agreement; and that the Common Council hereby directs the Corporation Council and other appropriate City and Buffalo Police Department personnel to negotiate to finalization said agreement and other necessary documentation and agreements wherever necessary for execution and actual implementation of the agreement. Funding for this agreement is available in Organization 12005006 - Objective 434000 (Police and Other Contractual Services), Police Department. PASSED AYES -8 NOES -0 NO. 47 SEIZED VEHICLE The Buffalo Police Department hereby requests permission from your honorable body to utilize current drug asset forfeiture funds to cover administrative /seizure fees to the U.S .Marshal's Office for one vehicle seized by the Buffalo Police Department. The vehicle is a 2006 Ford, it must be assigned for a law enforcement purpose as mandated through the Drug Asset Forfeiture guide book, will be utilized in future undercover operations, will not be used as a take home vehicle and an older, high mileage vehicle will be removed from the Police fleet. The particular vehicle to be removed will be determined at a later date and will be placed in the next Police vehicle aucti6n. The total funds to be spent to cover the fees will be $3,317.00. If you have any questions, please contact me at 851 -4571. Mr. Smith moved: That the above item be, and the above communication from, the Commissioner of the Buffalo Police Department, dated July 18, 2013, be received and filed; and That the Common Council hereby authorizes the Buffalo Police Department to accept a seized vehicle from the U.S. Marshals. The vehicle shall be assigned for law enforcement purposes as mandated through the Drug Asset Forfeiture guide book. The vehicle will be utilized in future undercover operations, will not be used as a take -home vehicle, and an older, high mileage vehicle Will be removed from the Police Fleet. PASSED AYES -8 NOES -0 NO. 48 APPOINT CAPTAIN(PERM)(GRAMAGLIA) Appointment effective July 15, 2013 in the Department of Police, Division of Patrol to the Position of Captain, Permanent Promotion at the flat salary of $83,160.00 Joseph A. Gramaglia, 6 Aaron Trail, Orchard Park, NY 14127 Patrick Roberts, 140 Idlewood Drive, Orchard Park, NY 14127 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 49 APPOINT DETECTIVE(PERM)(LEONE, CARDONA II, ADAMS, WALKER, RUGGERIO, LEDWIN, MCCARTHY, FRANKEL, MAYHOOK, LOPEZ) Appointment effective July 15, 2013 in the Department of Police, Division of Detective to the Position of Detective, Permanent Promotion at the flat salary of $66,230.00 Craig J. Leone, 103 Avondale, Grand Island Louis A. Cardona II, 902 Marlow Avenue, Blasdell, NY 14219 Bart A. Adams, 28 Tuscarora Road, Buffalo, NY 14220 Judith M. Walker, 15 Wedgewood Drive, West Seneca, NY 14224 Joseph J. Ruggeria, 355 Lakefront Blvd, Buffalo, NY 14202Julie A. Ledwin, 28 Ganna Court, West Seneca, NY 14224 Erin M. McCarthy, 5740 Cole Road, Orchard Park, NY 14127 Amy J. Frankel, 12 Cedar Brook Drive, Lancaster, NY 14086 Jason M. Mayhook, 94 Wallace Avenue, Buffalo, NY 14214 Dawn M. Lopez, 9495 Protection, Holland, NY 14080 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 50 APPOINT DETECTIVE SEARGANT(PERM)(MOURGAS, LUNDIN, DURHAM) Appointment effective July 15, 2013 in the Department of Police, Division of Detective to the Position of Detective Seargant, Permanent at the flat salary of $69,009 Nicholas A. Mourgas, 1017 Sheree Drive, Grand Island, NY 14072 Carl A. Lundin, 63 Caldwell Drive, West Seneca, NY 14224 James P. Dunham, 73 Bloomfield Avenue, Buffalo, NY 14220 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 51 APPOINT LIEUTENANT(PERM)(HUMISTON, THOMAS, BRITZZAIRO) Appointment effective July 15, 2013 in the Department of Police, Division of Patrol to the Position of Lieutenant, Permanent at the Flat Salary of $73,312.00 Patrick Humiston, 18 Taylor Drive, West Seneca, NY 14224 Mitchell J. Thomas, 19 Place, East Amherst, NY 14051 Brian J. Britzzairo, 153 Hamburg Street, Buffalo, NY 14204 Ricky V. Lark, 3761 Trails End Lane, Wheatfield, NY 14120 Louis V. Kelly, 66 Allenhurst, Buffalo, NY 14214 George P. McLean, JR, 6547 Emily Lane, Lockport, NY 14094 Darren Labedz, 4701 Pineview Drive, Hamburg, NY 14075 Shawn Dowell, 101 Yorktown Road, Amherst, NY 14226 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 52 APPOINT LIEUTENANT, (CONT PERM)(CYREK, BEYER, LANGTON) Appointment effective July 15, 2013 in the Department of Police , Division of Patrol to the Position of Lieutenant, Contingent Permanent at the Flat Salary of $73,312.00 Mark Cyrek, 59 Edmund, Cheektowaga, NY 14227 Amber Beyer, 7638 Arnold Drive, Wheatfield, NY 14120 Joseph Langton, 270 Tampa Drive, West Seneca, NY 14220 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT & INSPECTION SERVICES NO. 53 FOOD STORE LICENSE(NEW) -118 GRANT ST(NIA) Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 118 Grant St (ASK IMPORTS INC /SEAF ALMASHIAKItY.) and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collections Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Mr. Smith moved: That the above item be, and the above communication from the Department of Permits and Inspection Services, dated July 17, 2013, be received and filed; and That the Commissioner of Permits and Inspections Services is hereby authorized pursuant to Chapter 194 of the City Code to issue a Food Store License to Seaf Almasiakhy d /b /a Ask Imports Inc. located at 118 Grant Street. PASSED AYES -8 NOES -0 NO. 54 FOOD STORE LICENSE (NEW) -257 GRANT STREET(NIA) Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 257 Grant St (SWEET SOUND VARIETY/ LUIS RODRIGUEZ.) and find that as to form is correct. I have Caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collections Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Mr. Smith moved: That the above item be, and the above communication from the Department of Permits and Inspection Services, dated July 17, 2013, be received and filed; and That the Commissioner of Permits and Inspections Services is hereby authorized pursuant to Chapter 194 of the City Code to issue a Food Store License to Luis Rodriguez d /b /a Sweet Sound Variety located at 257 Grant Street. PASSED AYES -8 NOES -0 NO. 55 FOOD STORE (NEW) 1304 JEFFERSON (ELLICOTT) Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 1304 Jefferson (COLD SPRING MARKET LLC /JAMAL ALBATOL.) and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collections Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION. NO. 56 FOOD STORE (NEW) 437 TONAWANDA (NORTH) Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 437 Tonawanda (DOLLAR GENERAL/ DOLGENCORP OF NY INC.) and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collections Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Mr. Smith moved: That the application of Dollar General /Dolgencorp of NY, Inc for a food store license at 437 Tonawanda Street be granted PASSED AYES - 8 NOES — 0 NO. 57 FOOD STORE (NEW) -1650 WILLIAM(LOV) Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 1650 William (K B HOLDING FOODS/ ROBERT KLACZYK.) and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collections Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Mr. Smith moved: That the above item be, and the above communication from the Department of Permits and Inspection Services, dated July 17, 2013, be received and filed; and That the Commissioner of Permits and Inspections Services is hereby authorized pursuant to Chapter 194 of the City Code to issue a Food Store License to Robert Klaczyk d /b /a K B Holding Foods located at 1650 William Street. PASSED AYES -8 NOES -0 NO. 58 LODGING HOUSE LICENSE -92 PEARL ST(FILL) Pursuant to Chapter 254 of the City of Buffalo Ordinances please be advised that I have examined the attached application for a Lodging House License located at 92 Pearl St, and find that as to form is correct. I have caused an investigation into the premises for which said application for a Lodging House license is being sought and according to the attached reports from the Zoning Office, Fire Department, Police, and Building Inspections, Health Department. I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of William Casale. The attached thereto for William Casale d /b /a LOFTS ON PEARL. 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 Permits and Inspection Services, dated July 18, 2013, be received and filed; and That pursuant to Chapter 254 of the City Code, the Commissioner of Economic Development, Permit and Inspection Services be, and he hereby is authorized to grant a Lodging House License to William Casale d /b /a Lofts on Pearl, located at 92 Pearl Street. PASSED AYES -8 NOES -0 NO. 69 RESTAURANT DANCE LICENSE (RENEWAL) 1104 ELMWOOD Pursuant to Chapter 150 of the City of Buffalo Ordinances, please be advised that I have caused an investigation into the premises located 1104 Elmwood for which said renewal application for a Restaurant Dance Class IV license is being sought by Robert Schwedt @ Cole's Restaurant and according to the attached reports from the Fire Department, Police Department and Building Inspections, I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of Permits and Inspection Services, dated July 11, 2013, be received and filed; and That the Commissioner of Permits and Inspections Services is hereby authorized pursuant to Chapter 150 of the City Code to issue a Restaurant Dance Class License to Robert Schwendt d /b /a Cole's Restaurant, located at 1104 Elmwood Avenue. PASSED AYES -8 NOES -0 NO. 60 RESTAURANT DANCE LICENSE (RENEWAL) 1200 NIAGARA Pursuant to Chapter 150 of the City of Buffalo Ordinances, please be advised that I have caused an investigation into the premises located 1200 Niagara for which said renewal application for a Restaurant Dance Class III license is being sought by Manny Lezama @ Rich Renaissance Niagara and according to the attached reports from the Fire Department, Police Department and Building Inspections, I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of Permits and Inspection Services, dated July 11, 2013, be received and filed; and That the Commissioner of Permits and Inspections Services is hereby authorized pursuant to Chapter 150 of the City Code to issue a Restaurant Dance Class License to Marmy Lezama d /b /a Rich Renaissance Niagara, located at 1200 Niagara Street. PASSED AYES -8 NOES -0 NO. 61 SECOND HAND DEALER 199 CLAREMONT (AKA 661 FOREST) (DELAWARE) Pursuant to Chapter 254 of the City of Buffalo Ordinances please be advised that I have examined the attached application for a Second Hand Dealer License located at 199 Claremont aka 561 Forest 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 Patrick Agyapong. The attached thereto for Patrick Agyapong d /b /a /BEST DEAL FURNITURES. 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 July 18, 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 Patrick Agyapong d /b /a Best Deal Furnitures located at 199 Claremont a /k/a 561 Forest is hereby approved. PASSED AYES -8 NOES -0 NO. 62 SECOND HAND DEALER 1201 HERTEL (AKA 1203) (DELAWARE) Pursuant to Chapter 254 of the City of Buffalo Ordinances please be advised that I have examined the attached application for a Second Hand Dealer License located at 1201 Hertel aka 1203 Hertel and find that as to form is correct. I have caused an investigation into the premises for which said application for a second hand dealer license is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspections. I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of Jonathan Casey. The attached thereto for Jonathan Casey d /b /a /PROJECT716 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 July 9, 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 Jonathan Casey d /b /a ProjectT16 LLC located at 1201 Herte6 a /k/a 1203 Hertel is hereby approved. PASSED AYES -8 NOES -0 FROM THE COMMISSIONER OF ADMINISTRATION, FINANCE, POLICY & URBAN AFFAIRS NO. 63 SALE OF EQUIPMENT The Division of Purchase is requesting permission to sell the listed below surplus equipment by means of auctions /scrap all equipment are beyond their useful life List available for review in The City Clerk's Office Mr. Smith moved: That the above item be, and the above communication from the Director of Purchase, dated July 17, 2013, be received and filed; and That Division of Purchase is authorized to sei1 the surplus equipment listed below by means of auction scrap: Pitney Bowes mail machine, serial number 36087 • Advanced Businesses mail machine, serial number 49JD5B0200 • Nuarc flip top plate burner, serial number 1 GYJ90001 • Two (2) Multigraphics printing presses • Abdick printing press, City of Buffalo tag #7963 • Multigraphics paper plate maker 193135 • Risograph copier, serial number GR3750 • Toshiba black and white copier 1101/1102, serial number JFJg10305 /JFJ910303 • HP copier /laserjet 9040DN, serial number JPRL 83201 J • Toshiba color copiers e- studio 6530C/4520C, serial number CUK911416/CAE915005 • Jetplate platemaker, City of Buffalo tag #056994 • Jetplate processor, City of Buffalo tag #056995 • Abdick printing press 9810XCS • Abdiak printing press, serial number 9840 • Abdick envelope press 9810 • Abdick envelope feeder • Baum folding machine 714XLT • Martin Yale folding machine 2023 • Yale Eaton pallet jack • Challenge Champion cutter 9428 • Challenge Champion cutter 1800 • Beseler shrink wrapper 1077659 • Multi collator 340476 • Multi collator • Challenge Champion shrink wrapper • Dayton bench grinder LR155562 • Lectrjogjoggers (10) • Challengers paddy wagons (2) • Amergraphs plate burner 50064 - 5821 -44 • Challenge drill press 36978 • Challenge drill press 27340 • General Binding Corp. comp binders (2) 586934/576234 • General Binding Corp. bind punch P4232 • Velobind velobinder 750, serial number 75726 • Powis Parker fastback 15XS tape binding, serial number 15114 • Multigraphics book maker 31919 • Pitney Bowes tabletop folder, serial number 7095330 • Bostich floor stapler, serial number 5226 • Xerox staple cartridge 108R00053 • Xerox feed rolls 108R148 • Xerox feedrolls 108R149 • Xerox fuser module 109R330 • Xerox cartridge 113R275 • Xerox cartridge 113R316 • Xerox Xerox module 113R612 • Xerox filer NSA 1200AF • Xerox cartridge 13R561 • Xerox color cartridge 13R561 • Xerox air cleaner 53E950 • Xerox startup /install kit 650K11120 • Xerox install kit 673K28164 • Xeroxtoner 6R1006 • Xerox toner 6R1007 • Xerox toner 6R206 • Xerox filter NSA 7100AF • Xerox staple wire 8R1174 • Xerox typewriter cleaning kit 8R2454 • Xerox fuser agent 8R3903 • Xerox binder tape 8R7186 • Xerox waste container 93K1403 • Xerox waste container 93K460 PASSED AYES -8 NOES -0 FROM THE BUFFALO MUNICIPAL HOUSING AUTHORITY HOUSING AUTHORITY NO. 64 PERRY CHOICE NEIGHBORHOOD TRANSFORMATION PLAN Dear Mr. Chwalinski: The Buffalo Municipal Housing Authority respectfully requests that this item be filed with the Common Council for the next Council Meeting on July 23, 2013. The Buffalo Municipal Housing Authority Board of Commissioners has approved the Perry Choice Neighborhood Transformation Plan at its Board Meeting on April 25, 2013. We are requesting approval of the Buffalo Common Council for the BMHA Perry Choice Neighborhood Transformation Plan and the granting of an Option Agreement for the attached list of properties in the Ellicott community near AD Price. Attached for your reference is a copy of the correspondence that was delivered to the Members of the Common Council for their consideration. Thank you for your attention to this matter. Very truly yours, Modesto Candelario Assistant Executive Director Honorable Richard L. Fontana Council President Lovejoy District Common Council Member 1315 City Hall Buffalo, NY 14202 Re: BMHA Perry Choice Neighborhood Dear Honorable Council Member Fontana: We respectfully request approval of the Buffalo Municipal Housing Authority's Perry Choice Neighborhood Transformation Plan. As you know the Buffalo Municipal Housing Authority was awarded a $250,000 Choice Neighborhood Planning Grant in 2011 towards the development of a neighborhood transformation plan for the Perry Choice Neighborhood. We have successfully closed the chapter on the planning work and the Board of Commissioners has approved the plan. Our planning team which includes the City of Buffalo is now earnestly commencing work to implement the first half of the plan. The key to catalyzing this plan is the successful award of a Choice Neighborhood Implementation Grant from the United States Department of Housing and Urban Development: The deadline for this grant application is September 10, 2013. In addition to a robust social service strategy, we are proposing approximately 450 units of new mixed - income rental and for -sale homes under the auspices of the HUD Choice Neighborhood Initiative in the first half of the plan. An additional 450 units is scheduled for development in a subsequent 5 year period building off the momentum of the first five years. In regards to housing in the first 5 year period (phases 1 -5), HUD requires the BMHA to demonstrate site control We currently own about 60% of the land - the remaining 11 acres are on City owned land at Lanigan Park, on City owned vacant land near Perry Homes and in the Ellicott Community near AD Price. We believe that this approach of development on both BMHA and City owned land accomplishes the following goals: • True mixed - income redevelopment has to take place beyond the boundaries of public housing • Successful neighborhood revitalization must leverage the market momentum in the Cobblestone District and the waterfront, i.e., Buffalo Creek Casino, Elk Terminal Lofts, Webster Block, etc. • Infill development in existing Buffalo communities is equally critical as large scale redevelopment of public housing sites towards successful neighborhood transformation To this end, we respectfully request the City of Buffalo Common Council to grant an option agreement for the attached list of properties before the Council recesses for the summer. The option agreement can be dependent on the successful award of a HUD Choice Neighborhood Implementation Grant and must contain the following caveats: • The option agreement must remain in effect for at least 180 days after the application deadline date - September 10, 2013 • The option agreement may include only commercially standard early termination clauses and conditions to closing We are committed to transforming the Perry neighborhood into a neighborhood of choice. We count on the support of Buffalo Common Council as we commence the long but worthwhile journey in neighborhood revitalization. Respectfully Dawn E. Sanders - Garrett Executive Director RECEIVED AND FILED FROM THE CITY CLERK NO. 65 APPLICATION FOR RESTRICTED USE PERMIT -75 W. CHIPPEWA (ELL)(8/9/13) Mr. Smith moved: That Phez Entertainment, L.L.C., be granted a restricted use permit for a tavern event permitting entry of patrons under the age of twenty -one years at 75 West Chippewa Street, on August 9, 2013, between the hours of 10:00 p.m. and 4:00 a.m. PASSED AYES 8, NOES 0 NO. 66 APPLICATION FOR RESTRICTED USE PERMIT -75 W. CHIPPEWA (ELL)(8/23/13) Mr. Smith moved: That Phez Entertainment, L.L.C., be granted a restricted use permit for a tavern event permitting entry of patrons under the age of twenty -one years at 75 West Chippewa Street, on August 23, 2013, between the hours of 10:00 p.m. and 4:00 a.m. PASSED AYES 8, NOES 0 NO. 68 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: Common Council- Julia Paul Economic Development & Permit and Inspection Services- Lou Petrucci RECEIVED AND FILED. NO.69 APPOINT ASSISTANT LEGISLATIVE AIDE II -CITY CLERK(JOHNSON) Certificate of Appointment Appointment Effective July 9,2013 in the Department of Common Council Division of City Clerk to the position of Assistant Legislative Aide II Unclassified Non - Competitive, Flat Starting salary of $31,397 Denise Johnson, 1 St. Louis Place, Buffalo 14202 ADOPTED NO. 67 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 166 -177 Franklin St Osteria 166 OGP Hospitality LLC 329 Erie Street The Hatch Restaurant Brand On Services Inc 441 Fillmore 441 Fillmore Funik Corporation RECEIVED AND FILED NO. 68 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: Common Council- Julia Paul Economic Development & Permit and Inspection Services- Lou Petrucci RECEIVED AND FILED. NO.69 APPOINT ASSISTANT LEGISLATIVE AIDE II -CITY CLERK(JOHNSON) Certificate of Appointment Appointment Effective July 9,2013 in the Department of Common Council Division of City Clerk to the position of Assistant Legislative Aide II Unclassified Non - Competitive, Flat Starting salary of $31,397 Denise Johnson, 1 St. Louis Place, Buffalo 14202 ADOPTED NO 70 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 July 9,2013 in the Department of Common Council Division of Masten District Office to the position of Intern VI Unclassified Non - Competitive, Flat Starting salary of $10.00 per /hr Terika Pereira, 290 Commonwealth Avenue, Buffalo 14216 Certificate of Appointment Appointment Effective July 9,2013 in the Department of Common Council Division of South District Office to the position of Intern VIII Unclassified Non - Competitive, Flat Starting salary of $15.00 per /hr JohnMichael Mulderig, 56 Eaglewood Avenue, Buffalo 14220 Certificate of Appointment Appointment Effective July 10,2013 in the Department of Common Council Division of Fillmore District Office to the position of Intern VI Unclassified Non - Competitive, Flat Starting salary of $10.00 per /hr Ian Wildman - Kamery, 99 Russell Avenue, Buffalo 14214 NO. 71 NOTICES OF APPOINTMENTS - SEASONAL /FLAT I transmit herewith certificates received by me, reporting seasonal and flat salary appointments made in various departments. RECEIVED AND FILED. Certificate of Appointment Appointment Effective July 8,2013 in the Department of Public Works, Parks & Streets In the Division of Parks to the Position of Lifeguard Seasonal Non - Competitive flat starting salary of $12.47. Nicholas Conklin, 180 Arbour Lane, Buffalo 14220 Certificate of Appointment Appointment Effective July 12,2013 in the Department of Public Works, Parks & Streets In the Division of Parks to the position of Laborer II Seasonal Non - Competitive flat starting salary of $12.47. Mark Orlando, 538 Minnesota, Buffalo 14215 NO. 72 NOTICES OF APPOINTMENTS - SEASONAL /FLAT I transmit herewith certificates received by me, reporting seasonal and flat salary appointments made in various departments. RECEIVED AND FILED. Certificate of Appointment Appointment Effective July 19, 2013 in the Department of Public Works, Parks & Streets In the Division of Parks to the Position of Lifeguard Seasonal Non - Competitive flat starting salary of $12.47. Brittney Johnson, 161 Marine Dr. Apt 9F, Buffalo 14202 NO. 73 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 July 19, 2013 in the Department of Public Works, Parks & Streets In the Division of Buildings to the Position of Sr. 1 sc Class Stationary Engineer Temporary Non - Competitive flat starting salary of $15.00. James Conrad, 128 Harding, Buffalo 14220 NON - OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON - OFFICIAL COMMUNICATIONS NO. 74 BUFFALO WTR BD MONTHLY REPORT JUNE 2013 Buffalo Water - Veolia Water Water Board Report Copy available for review in the City Clerk's Office RECEIVED AND FILED NO. 76 LP CIMINELLI -BOARD PACKET DOCUMENTS JULY 2013 Attached are the following documents from the Joint Schools Construction Board meeting scheduled on July 8, 2013: 1. Agenda 2.Meeting Minutes from JSCB Meeting dated June 3, 2013 3.Fully Executed Phase III Application and Certificate for Payment No. 59 - May 2013 4. Fully Executed Phase V Application and Certificate for Payment No. 42 -May 2013 5.Phase III Application and Certificate for Payment No. 60 - June 2013 6. Phase IV Application and Certificate for Payment No. 56 - June 20 i3 7.Phase V Application and Certificate for Payment No. 43 - June 2013 8.Program Packaging and Development Services (PPDS) Provider Update 9. Bevlar & Associates Inc. Construction Contract Monitoring and Compliance Services Monthly Report for Addendum 1 Phase V Project - May 2013 10. Compliance & Administrative Services of New York Compliance Monthly Report for Phase V -May 2013 Copy available for review in the City Clerk's Office REFERRED TO THE SPECIAL COMMITTEE ON EDUCATION NO. 76 E. LANDER- BENEFITS OF HISTORIC PRESERVATION As a member Oftfie Buffalo Preservation Board and a commercial real estate consultant with 30 -years of experience in historic preservation throughout the country I would like to take this opportunity to educate the Buffalo Common Council on the many benefits of historic preservation as: well as available financial incentives. This correspondence is meant to be an overview with a Series of more detailed writings to be provided in the near future. A copy of this correspondence will also be emailed to your attention. Upon reading this material should any questions arise or you would like to meet to discuss the Contents in greater detail contact me directly at 551- 0655. Thank you for your time and consideration. Respectively submitted, Canyon Research Southwest, Inc. Eric S. Lander REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 77 P. LYTLE- SUPPLEMENT TO APPLICATION BY T- MOBILE FOR INSTALLATION OF COMMUNICATION TOWER LOCATED AT 523 AND 535 NORTHAMPTON Supplement to Application by T- Mobile Northeast LLC for installation of communications tower and related equipment at the property located at 523 and 535 Northampton Street, Buffalo, New York 14208 ( "Site ") Dear Ladies and Gentleman: This Firm represents T- Mobile Northeast LLC ( "T- Mobile "), and we submit this updated Letter of Intent on its behalf in connection with its application ( "Application ") for Restricted Use Permit ( "RUP ") from the City of Buffalo Common Council ( "Common Council ") pursuant to Section 511 -158 and Section 511 -55 of the Charter and Code of the City of Buffalo ( "Code ") to construct a new wireless telecommunications facility ( "Facility ") at the Site, submitted on May 2, 2013. The Application also requires site plan approval from the City of Buffalo Planning Board ( "Planning Board ") pursuant to Section 511 -138 of the Code. The Facility will replace a recently decommissioned site at Deaconess Hospital on Humboldt Parkway. Copy available for review in the City Clerk's Office REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 78 NYSDEC - BROWNFIELD CLEANUUP PROGRAM PUBLIC NOTICE -20 WILKENSON WAY, 15 LARIVIERE Brownfield Cleanup Program Public Notice The New York State Department of Environmental Conservation (DEC) has received Brownfield Cleanup Program (BCP) applications and Remedial Investigation Work Plans (RIWP) from Carlo Group, LLC for two separate sites, as follows: 20 Wilkenson Way Site, site ID #C915275. This site is located in the City of Buffalo, within the County of Erie, and is located at 20 Wilkenson Way 14203; 15 La Riviere Drive Site, site ID #C915276. This site is located in the City of Buffalo, within the County of Erie, and is located at 15 La Riviere Drive. Comments regarding these applications must be submitted no later than August 9, 2013. The applications are available for review at: Buffalo & Erie County Public Library 1 Lafayette Square Buffalo, NY 14203 Information regarding the sites, the applications, and how to submit comments can be found at http: / /www.dec.ny.gov /chemical /60058.html or send comments to Anthony Lopes, Project Manager, NYS Department of Environmental Conservation, Region 9 -- DER, 270 Michigan Avenue, Buffalo, NY 14203 -2999; phone 716- 851 -7220; email: allopes @gw.dec.state.nv.us General information about New York's Brownfield Cleanup Program can be found at http: / /www.dec.nv.gov /chemical /8450,html Please do not respond to this email. Replies go to an untended mailbox. If you have questions about the site identified above, please use the contact information provided. RECEIVED AND FILED NO. 79 NYSDEC- PROPOSAL TO DELETE SITE FROM CONTAMINATE SITE REG -113 &119 COLGATE The New York State Department of Environmental Conservation has determined that site ID # 915133 known as the Ameron Site, may be deleted from the New York State Registry of Inactive Hazardous Waste Disposal Sites. This site is located in the City of Buffalo, within the County of Erie, and is located at 113 and 119 Colgate Avenue. Comments regarding this action must be submitted no later than August 11, 2013. Information regarding the site, the proposed delisting, and how to submit comments electronically can be found at http: / /www.dec.ny.gov /chemical /60063.html or send comments to Mr. Maurice Moore, Project Manager, NYS Dept. of Environmental Conservation, 270 Michigan Ave, Buffalo, NY 14203; or call 716 - 851 -7220. Please do not respond to this email. Replies go to an untended mailbox. If you have questions about the site identified above, please use the contact information provided in the public notice. This public notice is being provided by the Division of Environmental Remediation within NYSDEC. RECEIVED AND FILED NO. 80 NYSDEC -REQ FOR DESIGNATION OF LEAD AGENCY BATTAGLIA TRANSFER STATION Request for Designation of Lead Agency Battaglia Transfer Station City of Buffalo Common Council v NYSDEC Mr. Battaglia I am responding on behalf of Commissioner Martens of the New York State Department of Environmental Conservation (DEC) to a request originally submitted by you on March 31, 2013, that a lead agency be designated for the environmental review of the proposed modification of the transfer station identified as the Battaglia Facility project under the New York State Environmental Quality Review Act (Article B of the Environmental Conservation Law; "SEAR "). Your letter also raised the question of whether or not the City of Buffalo Common Council has jurisdictional authority over this project. At the time your letter was received, the NYSDEC Central Office did not take action as it appeared that there was no dispute between agencies and it was felt that perhaps more information was forthcoming. Since receipt of your initial letter to the Commissioner, I have been informed by the NYSDEC Region 9 Office that lead agency for this project was coordinated with the City of Buffalo Common Council. By agreement, the City of Buffalo Common Council assumed the role of lead agency for the SEQR review of this project. This coordination was confirmed on July 2, 2013 in e-mail correspondence from Ms. Lisa Porter of the NYSDEC Region 9 to you. Based on the material provided, and as originally presumed, there is no disagreement between identified involved agencies regarding the lead agency role for the SEQR review of this project. In your letter you indicated your belief that the City of Buffalo did not have a discretionary jurisdiction over your project. When coordinating for Lead Agency under SEQRA, the Department accepts the assertion of authority by other agencies. The DEC does not typically weigh in on such issues and any dispute between you and the City of Buffalo over the city's standing as an involved agency should be resolved between yourselves. Should the City withdraw its assertion of involved agency status or is found to be without a discretionary action, the assignment of lead agency can be re- evaluated. Given the above, by this letter 1 am confirming that at this time the Commissioner's Office will not be acting to resolve a lead agency dispute. The file will be closed and maintained in the Division of Environmental Permits. If you have any further questions please contact our office at the address or telephone number listed above. Sincerely, Robert L. Ewing Environmental Analyst 2 Division of Environmental Permits REFERRED TO THE COMMITTEE ON LEGISLATION NO. 81 C. ORTLOFF- CONCERNS NIAGARA SQUARE To the Mayor and Members of the Common Council, The geographic and symbolic heart of our city is barren, nonoperational, and perilous. The idea that our City Hall be fronted by an uninviting and inactive public space is discordant with the very concept of the civic core of an American city. As it is now and in spite of its prominence, Niagara Square is a pass- through space for cars, difficult to access by foot, much in need of repair, and is a detriment to tourism efforts and self -image for the City of Buffalo. In the ten years that I have called this city "home" I have watched public works efforts transform many neighborhoods and strengthen their image and usability, but I am at a loss as to why this area hasn't received any attention, especially with what seems to be a growing desire to repopulate the downtown area. On the low end of the scale, a simple striping and paving /curb repair strategy would go far to improve conditions in the square, but this is not a location that deserves low -end treatment. The potential for grandness is evident if one imagines Court Street as an axis connecting City Hall with the downtown public library - an ideological connection that could project truth, transparency, and trust in the city's governing body. Designed along its 5 -block length, this street could showcase the monuments, parks, truly spectacular architecture, and a care for developing what could rival any of the great public spaces in the US. Already the view west down Court Street provides perhaps the iconic image of the city, however, the individual's experience on the street and on the sidewalks, especially at and around Niagara Square is jumbled and unattractive. The hub of Joseph Ellicott's radial plan should be radiant, and the beauty of the plan is that anywhere in the city there is close -by one of these radials, which references Niagara Square and reminds the citizen of his or her city Center. I imagine a space that draws its citizens into it - a place for discourse, rendezvous, lunch. I imagine a space that visitors to this city will tell their friends about when they go home- an inspiring experience, instead of a tale of harrowing traffic - dodging just to get a good photo. I imagine wanting to live in downtown again. At any scale, I hope the city's leadership would be able to realize the potential and work to correct and improve these deficiencies. But I would push beyond an internal DPW solution and invite local and national public excitement with an open design competition, soliciting leading local and international architects, urban planners, and landscape designers to imagine such a space fit for such a city center and such a magnificent City Hall as we are proud to own. REFERRED TO THE COMMISSIONER OF PUBLIC WORKS,PARKS AND STREETS NO. 82 D. PRIDGEN- L.GIST- CONCERNS BAIL BONDS VEHICLES I would like to file the attached information for the next Common Council meeting to be held on July 23, 2013 Thank you Darius G. Pridgen Ellicott District Council Member Dear Sir: This letter is in regards to the four (4) Bail Bond vehicles parked everyday in front of Buffalo City Court. There are signs posted that state 2 hour max. Parking, but they stay there from 8:OOam until after 5pro and one stays all night. Yes the put the money in the meter, but that is not the point. They are carry on a business out of the vehicles, and taking parking space from those people that may want to rtm in to a business in the area for a short period of time. Most bail bonds agents work from their homes or office's, why can't they!!. I have an office and I'm bail agent. The courts do not want them parking on Delaware Ave. in front of the courts, but their request for help has been ignored by the parking bureau. The parking bureau has told it workers not to ticket the vehicles. Some days there are 5 vehicles parked in front. I get complains from customers about the parking in the area all the time, and the spaces taken up by those vehicles do not help the matter. Other cities do not allow Bail bond persons to park in front of the courts, with signs on there cars. Why here? REFERRED TO THE COMMITTEE ON LEGISLATION. NO. 83 D. PRIDGEN- CONCERNS 16 SOUTH CEDAR STREET I would like to file the attached constituent concerns from Cherita Johnson - Morrow for the next Common Council meeting to be held on July 23, 2013. Thank You, Darius G. Pridgen Ellicott District Council Member Ms. Shaw: As per our conversation this morning June 4, 2013, 1 have concerns about the Famous Comer Bar and Pizzeria located at 16 S. Cedar Street, Buffalo, N.Y. 14204. The bar is located in the Ellicott District and it is my hope that my concerns are brought to the attention of Councilman Pridgen and any other city stakeholders. My concerns are as follows: 1. The noise level. Patrons of the bar are often loitering outside of the bar on the comers and the adjacent streets. As well as on residential property. Music can be heard from the bar at all times of the night from patron's cars and patrons themselves. 2. Cars and motorcycles are racing and revving engines with no respect to the surrounding neighbors. Patrons of the bar often use the surrounding streets to race and rev engines creating a dangerous and loud situation. 3. Car idling. Often cars of patrons are left idling and block the street preventing other motorist from passing. Sometimes for a few minutes until the driver is located. 4. Littering. Debris from the patrons can be found on the ground around the bar, in the field near the bar, and on the lawns of residents. The debris often consists of cups, bottles, cans, and napkins to which the residents must clean. 5. Loitering. Not everyone who visits this establishment go in. Some hang out in the streets, lawns and residents porches. Others are looking for trouble. Fights, looking in cars and residents yards. Often times they come back to victimize the residents by taking items that residents have paid good money for. Personally I've had a barbeque grill stolen and various neighbors had items taken as well. In summary the clientele of the Famous Comer Bar and Pizzeria have become a nuisance to the residents of the area. Homes in the area closest to the establishment arc valued at over $100,000. It is my wish that this nuisance not be allowed to continue or that a stronger police presence can be seen especially in the summer to prevent any crimes and give residents peace of mind. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 84 D. PRIDGEN -UB SCHOOL OF MEDICINE AND BIOMEDICAL SCIENCES DRAFT ENVIRONMENTAL IMPACT STATEMENT I would like to file the attached information for the next Common Council meeting to be held on July 23, 2013. Thank You, Darius G. Pridgen Ellicott District Council Member On behalf of the State University Construction Fund (SUCF), enclosed please find a copy (hardcopy and /or CD) of the Draft Environmental Impact Statement (DEIS) for the proposed University at Buffalo (UB) School of Medicine and Biomedical Sciences. The SUCF is providing the enclosed DEIS for your consideration and comment as an involved or interested agency in the State Environmental Quality Review Act (SEAR) coordinated review of the project. The DEIS is also available on the SUCF's website at http: I /www,sucf .suny.edu /proiect /environ.cfm. The public comment period for this DEIS will remain open until July 8, 2013. Please return any comments regarding the DEIS to: State University Construction Fund Office of Design Management Attention Ms. Peggy McSorley 335 Broadway Albany, New York 12246 Any questions concerning this project can be directed to Peggy McSorley at the State University Construction Fund at 518 - 320 -1710 or peggy mcsorleyO-suny,edu. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 85 R. READE- PROPOSAL FOR NEW LANDSCAPING OF CITY STREETS AND PUBLIC SQUARES IN DOWNTOWN BUFFALO Submitted by: Randall Reade Date: July 12, 2013 I. Purpose: The purpose of this proposal is to develop a realistic plan to beautify the streets and public squares in the downtown area of Buffalo, NY. This proposal does not have an actual landscaping plan, budget or request for funds. Rather, it is a proposed roadmap to find and fund the best possible redesign for Niagara Square, Lafayette Square, and the streets that feed into those squares and surround the downtown core. II. Landscaping Objectives The project parameters proposed are to redesign the two major public squares, Niagara and Lafayette; to meet the demands of the 21 st century by calming traffic patterns, make them more enticing to pedestrians and tourists, improve the image and livability of downtown for residents and office workers, and raise property values. Additionally, the project should take steps to reduce greenhouse carbon emissions, reduce storm water runoff and incorporate the use of innovative projects such as Bikeshare, green roofs and other ways to improve the environment, and provide a better place to live and work. Museums and galleries can help select large outdoor sculptures to be placed in highly visible areas, helping to show off the fact that Buffalo is an arts city. By building upon the success of the annual Garden Tour, growing recognition of the Olmstead Parks plan, and Buffalo's renown as a well - planned city, the city can attract national attention by developing a comprehensive plan that goes beyond mere landscaping. III. Building Support As with any major civic project, it is necessary to build wide public and private support. Therefore, this project should draw together all interested parties, which may include: The Annual Garden Tour The Olmstead Parks Conservancy Re -tree WNY The Buffalo Museum of Science The Albright Knox Art Gallery Landlords who own and operate property downtown Hotels, cafes and restaurant Landscape design firms Buffalo Bicycle Club Area Nurseries and other garden suppliers The Buffalo News and other local media Design and natural history departments of area colleges and universities Local foundations By including representatives from these and other organizations, it helps to insure that all voices are included in developing the plans and that they are well thought out to include all possible ideas to achieve a maximum effect at the lowest cost, while also considering the needs ever - growing needs of a major urban center. IV. Funding Initially, seed funding will be needed in order to begin the process. Money must be raised to hire a person who can speak to all the various parties to obtain their support for the project and cover basic expenses. As support grows, funding should come from the various parties and their supporters. When the major leaders agree that a plan in finalized, then can in turn to their supporters as a fund raising initiative. In this way, the project leverages the fund raising abilities of the various partiers so that a whole new effort doesn't have to be created. It is always best to use existing resources than attempt to build a new network. The City of Buffalo will have to commit to some funds in order to reorder any streets or squares by rebuilding asphalt roads and sidewalks and to conduct environmental impact studies. Funding from non - public resources should be directed towards the costs of developing the plan, buying trees and greenery and installation. V. Implementation Phases In order to best rollout the project, it should be divided into various Phases. Once the final comprehensive project is approved, Phase I should be announced with a fund raising goal of meeting the budget requirements of that Phase. I would propose the following Phases: Phase I: Redesign of Niagara Square and one block of all streets feeding into it. Phase II." Redesign of Lafayette Square and one block of all streets feeding into it. (At that point, Court Street would unite both Phases). Phase III: Landscaping of all other major streets in the downtown area, including N and S. Division Streets, streets connecting from the HSBC Tower, to Old County Hall, Main Street, Delaware Ave, Franklin, Genesee and any other smaller squares. Phrase IV. Ongoing implementation of green technologies initiatives and maintenance of the earlier Phases, and planning for extension to other streets. By dividing the project into Phases, the public can contribute to concrete things, such as trees or bushes. It can be completed in a fairly short period of time, so that donors can see quickly the results of their efforts. It will build more enthusiasm for the next Phase. As success breeds success, more donors and supporters will step up to contribute to the next Phase. Additionally, if any changes need to be made, they can be addressed in the next Phase. In this way, the project can continually grow with changing needs and experience. VI. Organization In order to best organize this effort, an IRS 501 (c)(3) organization should be formed as quickly as possible, and an Executive Director should be identified. In this way, the ED can assemble a supportive Board of Directors from each of the above named organizations. With that structure in place, the non - profit organization can immediately begin to solicit for funds and begin the process of putting together a plan that includes as many elements from the community as possible: This organization can also take responsibility for maintaining the overall plan for years to come, insuring that the vegetation is properly watered, pruned and removed and replaced as needed, that artwork is secured and protected, and that new ideas are continually reviewed for improvement and expansion. The non - profit organization would be permanently dedicated to creating and preserving the natural beauty of downtown Buffalo, and supporting new green technologies. This organization will therefore create several jobs at various skill levels. With expert guidance, the non - profit might be able to generate new companies in the green tech sector. VII. Outcomes In the 19 century, Buffalo was known as "The city in a forest" for its many trees. It is now time to reclaim that role. The benefits of large shade trees are indisputable: They cool the streets, soak up pollution, soften the hard edges of the built environment, and make the overall experience much more pleasant. This in turn helps attract tourists, pedestrians as well as tenants and residents, spurring the expansion of cafes and other outdoor amenities. This all helps to raise property values. The project can be a real world incubator for the latest in green technologies, spurring local innovation. This more than merely adding flower boxes and trees to our streets - it is a comprehensive plan that would alter the image of Buffalo and improve its economic base, and attract national attention. As Daniel Burnham, architect of the Ellicott Square Building, once said, "Make no little plans, for they do nothing to stir men's blood." This project is large enough and inclusive enough that will bring together many disparate elements together to do something good for the city. RECEIVED AND FILED NO. 86 D. SACS -STATE SMART GROWTH PUBLIC INFRASTRUCTURE POLICY ACT ENV - Environmental Conservation ARTICLE 6 STATE SMART GROWTH PUBLIC INFBASTRUCTLTI— POLICY ACT Section 6 -0101. Short title. 6 -0103. Definitions. 6 -0105. State smart growth public infrastructure policy 6 -0107. State smart growth public infrastructure criteria. 6 -0109. State smart growth advisory committees. 6 -0111. Private right of action. §6 -0101. Short title. This article shall be known and may be cited as the "state smart growth public infrastructure policy act ". §6 -0103. Definitions. As used in this article: 1. "Criteria" shall mean the state smart growth public infrastructure criteria provided in section 6 -0107 of this article. 2. "State infrastructure agency" shall mean the department, the department of transportation, the department of education, the department of health, the department of state, the New York state environmental facilities corporation, the New York state housing finance agency, the housing trust fund corporation, the dormitory authority, the thruway authority, the port authority of New York and New Jersey, the empire state development corporation, the New York state urban development corporation and all other New York authorities. Any subsidiary of, or corporation with the same members or directors as, a public benefit corporation identified in this subdivision shall also be deemed to be within the definition of state infrastructure agency under this article. 3. "Municipal centers" shall mean areas of concentrated and mixed land uses that serve as centers for various activities, including, but not limited to, central business districts, main streets, downtown areas, brownfield opportunity areas, downtown areas of local waterfront revitalization program areas, transit - oriented development, environmental justice areas, and hardship areas. Municipal centers shall also include: areas adjacent to municipal centers, as defined in this subdivision, which have clearly defined borders, are designated for concentrated development in the future in a municipal or regional comprehensive plan, and exhibit strong land use, transportation, infrastructure and economic connections to a municipal center; and areas designated in a municipal or comprehensive plan, and appropriately zoned in a municipal zoning ordinance, as a future municipal center. § 6 -0105. State smart growth public infrastructure policy. It is the purpose of this article to augment the state's environmental policy by declaring a fiscally prudent state policy of maximizing the social, economic and environmental benefits from public infrastructure development through minimizing unnecessary costs of sprawl development including environmental degradation, disinvestment in urban and suburban communities and loss of open space induced by sprawl facilitated by the funding or development of new or expanded transportation, sewer and waste water treatment, water, education, housing and other publicly supported infrastructure inconsistent with smart growth public infrastructure criteria. § 6 -0107. State smart growth public infrastructure criteria. 1. In addition to meeting other criteria and requirements of law governing approval, development, financing and state aid for the construction of new or expanded public infrastructure or the reconstruction thereof, no state infrastructure agency shall approve, undertake, support or finance a public infrastructure project, including providing grants, awards, loans or assistance programs, unless, to the extent practicable, it is consistent with the relevant criteria specified in subdivision two of this section. 2. The following are the state smart growth public infrastructure criteria: a. to advance projects for the use, maintenance or improvement of existing infrastructure; b. to advance projects located in municipal centers; c. To advance projects in developed areas or areas designated for concentrated infill development in a municipally approved comprehensive land use plan, local waterfront revitalization plan and /or brownfield opportunity area plan; d. to protect, preserve and enhance the state's resources, including agricultural land, forests, surface and groundwater, air quality, recreation and open space, scenic areas, and significant historic and archeological resources; e. to foster mixed land uses and compact development, downtown revitalization, brownfield redevelopment, the enhancement of beauty in public spaces, the diversity and affordability of housing in proximity to places of employment, recreation and commercial development and the integration of all income and age groups; f. to provide mobility through transportation choices including improved public transportation and reduced automobile dependency; g. to coordinate between state and local government and intermunicipal and regional planning; h. to participate in community based planning and collaboration; i. to ensure predictability in building and land use codes; and j. to promote sustainability by strengthening existing and creating new communities which reduce greenhouse gas emissions and do not compromise the needs of future generations, by among other means encouraging broad based public involvement in developing and implementing a community plan and ensuring the governance structure is adequate to sustain its implementation. 3. Before making any commitment, including entering into an agreement or incurring any indebtedness for the purpose of acquiring, constructing or financing any project covered by the provisions of this article, the chief executive officer of a state infrastructure agency shall attest in a written smart growth impact statement that the project, to the extent practicable, meets the relevant criteria set forth in subdivision two of this section, unless in any respect the project does not meet such criteria or compliance is considered to be impracticable, which shall be detailed in a statement of justification. 4. Nothing in this section shall contravene any federal law governing the expenditure of disbursement of federal infrastructure funding administered by the state. § 60109. Smart growth advisory committees. The chief executive officer of each state infrastructure agency shall create a smart growth advisory committee to advise the agency regarding the agencies' policies, programs and projects with regard to their compliance with the state smart growth public infrastructure criteria. Such committees shall consist of appropriate agency personnel designated by the chief executive officer to conduct the evaluation required by section 6 -0107 of this article. Such committees shall solicit input from and consult with various representatives of affected communities and organizations within those communities, and shall give consideration to the local and environmental interests affected by the activities of the agency or projects planned, approved or financed through such agency. §6 -0111. Private right of action. Nothing contained in this article or in the administration or application hereof shall be construed to create any private right of action on the part of any person, firm or corporation against the state of New York or any state infrastructure agency as defined in subdivision two of section 6 -0103 of this article. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 87 D. SACS -STATE SMART GROWTH PUBLIC INFRASTRUCTURE POLICY ACT CRITERIA CHECKLIST Copy available for review in the City Clerk's Office REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 88 D. SMITH - HEALTH CARE FOR ALL NEW YORK Reaching One Million More New Yorkers: A Successful Enrollment Campaign for the Exchange In April 2012, Governor Cuomo signed an Executive Order to establish a New York Health Benefit Exchange under the Affordable Care Act (ACA). The State expects to enroll over 1 million New Yorkers in coverage through the Exchange, significantly lowering the number of New Yorkers without insurance. This enrollment goal is critical not only to ensure access to quality health care for all, but also to protect New Yorkers from incurring federal tax penalties under the individual mandate come 2014. In order to achieve this, the Exchange must undertake an extremely effective campaign that includes advertising, broad community outreach, and public engagement in every region of the state and within diverse communities. Importantly, this must all happen within a relatively short time frame -the Exchange will begin accepting enrollees in October of 2013. A Multi- Faceted Marketing and Outreach Campaign New Yorkers will need to be informed about health insurance requirements, available health plans and options, prices, benefits, subsidies available, and exemptions. The State has already informed the federal government that it intends to engage in a large advertising campaign leading up to the open enrollment period for the Exchange. Of course, traditional means like television, print, and radio advertising should be pursued. But, the State must also invest in "new media" such as web advertising, text messaging and ads on social networks like Facebook and Twitter. Similar to the effort undertaken by Massachusetts in 2006 to enroll its residents in its state Exchange (known as the "Connector "), New York must develop a robust and coordinated campaign with the broad input of a large number of community stakeholders, including consumer groups and small business representatives. This campaign should involve a variety of messengers, such as sports teams and government agencies. Outreach to Diverse Communities The State must focus its enrollment efforts on diverse constituencies, including people of color, low- income people, women, LGBT people, immigrants and people with disabilities. Outreach should include marketing to ethnic papers and other media outlets that serve diverse communities, enrollment efforts at community events, employment centers, schools, hospitals and health clinics, supermarkets, and door -to -door canvassing by staff of community -based organizations (CBOs). CBOs should be funded to do outreach to targeted constituencies, including using multilingual advertising and outreach workers, and alternate communication formats for people with disabilities. A successful consumer assistance program called Community Health Advocates (CHA) already exists in New York with ACA funding that has helped over 100,000 people since its formation in 2010. As trusted messengers" in their communities, the CBOs funded by CHA are highly suited to do outreach for the Exchange. This successful grogram should be continued and expanded with Exchange funding. Equally important is utilizing the forthcoming navigator program that the State will create under the ACA. Making Health Insurance Affordable and Accessible to All New Yorkers Even with the premium subsidies that will be available for coverage purchased on the Exchange, studies indicate coverage would still be unaffordable for many low and moderate income New Yorkers. In order to ensure maximum enrollment, the State must also take steps to lower health plan costs without compromising quality, and work to expand the number of New Yorkers eligible for public insurance programs. HCFANY supports legislation to create a "Basic Health Plan" in the state, which would offer free or very low cost coverage to low in- income families that do not qualify for Medicaid. HCFANY also supports the merging of the small group and individual insurance markets in new York which would lower costs for those buying health insurance directly. Further, we support the expansion of the successful and low -cost Child Health Plus program to adults who cannot get coverage under the ACA, including undocumented immigrants. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 89 S.DMITH -MYTHS ABOUT HEALTH CARE REFORM Myth #1: Health reform is a government takeover: it's socialism ! Truth: The new federal law builds on the current system of private insurance by extending private coverage to millions of additional people. The law stops the worst health insurer abuses -- like denying people insurance because they were previously sick or dumping people when they do get sick. Even before the law was passed, states regulated private insurance companies to make sure they had enough money to pay claims and in other wags. The new regulations add to the existing laws that protect us from private health insurance company abuses. That's no government takeover and doesn't make it socialism. And what's wrong with a greater government role when needed? Medicare is a successful government program that's provided health care coverage to seniors and the disabled for decades. Myth #2: Health reform costs too much: it will increase the deficit. Truth: Reform will actually reduce the deficit by $138 billion over the next 10 gears and far more in the following decade, according to the non - partisan Congressional Budget Office. Many of the savings come from greater efficiencies -- getting more health care out of our health spending. Myth #3: Health reform will raise taxes on the middle class. Truth: The new law only raises income taxes on those who earn more than $200,000 per gear (:$250,000 for joint returns): wealthy individuals. Truth: The new law does nothing to limit the ability of Americans to choose their own doctors and will not require people to drop their existing coverage. Myth #5: Reform will cut Medicare. Truth: The new law actually strengthens Medicare by requiring free preventive care, closing the prescription drug "donut hole," and making Medicare financially healthy for an additional 10 years. No Medicare benefits are cut, although there are cuts to providers and insurance companies. Private insurers that run Medicare Advantage plans will lose much of their unfair subsidies, which have increased their profits at the expense of taxpayers and the rest of Medicare beneficiaries. Myth #6: It's not fair to fine individuals for not obtaining health care coverage. Truth: For the health care system to bring costs under control, everyone needs to pay their fair share through buying insurance. Otherwise, costs will spiral out of control for those who do purchase insurance. It's just like auto insurance today: you have to obtain auto insurance if you drive, even if you've never had an accident. (Under the new law, if you can actually prove buying health insurance is truly a financial hardship, you won't have to obtain coverage or pay a penalty.) A big reason we pay so much for health care today is that when people without coverage have a medical emergency, those costs are passed on to all of us: insured people, taxpayers, hospitals and doctors. Requiring everyone to be insured will lower these costs for everyone. Myth #7: Reform will lead to rationing. Truth: Reform will not reduce benefits either for private coverage or for public programs like Medicare or Medicaid. In fact, reform will vastly limit current insurance company rationing by ending such practices as dumping people when they get sick, refusing to pay for needed care and discriminating against people with a history of illness ( "pre- existing conditions "). The law also provides funding and incentives for more doctors and other providers to meet the needs of patients. Myth #8: Single payer is the only real solution. Truth: We agree that single payer would be the best solution, but we didn't have enough political power to replace the insurance companies with a government plan for all. The new law will curb the worst abuses for everyone, extend health insurance to over 50 million additional Americans now without insurance, and improve the quality of coverage for millions more. Now that the law has passed, we should unite and fight to make sure that the new law works as effectively as possible and take full advantage of the provisions of the law that allow states to set up single payer systems or other public plans. REFERRED TO THE COMMITTEE ON LEGISLATION PETITIONS NO. 90 J. NASH, OWNER, USE 162 ALLEN FOR A RESTAURANT IN THE ALIEN STREET DISTRICT (HRG 7 /30)(FILL) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 91 M. MIRANDA, JR, OWNER, USE 3199 MAIN, RE- ESTABLISH RESTAURANT /BAR USE IN TRANSIT STATION DISTRICT (HRG 7 /30)(UNIV) REFERRED TO THE COMMITTEE ON LEGISLATION NO. 92 E. BUSCAGLIA, AGENT, 244 ALLEN, USE ALLEN SPECIAL DISTRICT - REOPEN EXISTING RESTAURANT, ENCROACHMENT ON CITY ROW FOR SIDEWALK CAFE (HRG 7 /30)(FILI) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 93 V. JOHNSON & O- RESIDENTS AGAINST MCARTHY PARK PRACTICE FIELD Attached is a petition to be filed with the City Clerk's Office. Thanks Residents Against McCarthy Park Practice Field Quality of Life Petition Petition Background (Preamble): We the neighbors of the William Price Parkway Block Club are opposed to the increased traffic and noise levels brought about by use of the practice field at McCarthy Park. The practice field is situated in such a way as to infringe upon the quality of life for residents of William Price as a whole, in particular the residents at 119, 125 and 131 William Price parkway. As the practice field has become an increasingly popular site for practice and play by little league and collegiate level soccer, lacrosse and football the car traffic and noise levels have significantly increased. The practice field ends less than 10 feet from the home at 131 William Price Parkway. The noise from balls hitting the chain link fence, coaches and players yelling whistles blowing and participants hooting reverberates through the backyards and homes of residents at the south end of the block. Car traffic speeds up a once quiet and small street where children play in the streets creating the potential for a deadly incident. The noise levels we feel are in violation of the city of Buffalo e Code 36 which states in part that the Common Council determines that persons within the city limits are entitled to have maintained noise levels which are not a detriment to life, health, welfare and enjoyment of property. Specific acts constituting unreasonable noise under chapter 293 -4 sec G include yelling, shouting or hooting at anytime or place so as to annoy or disturb the quiet, comfort and repose of a reasonable person of normal sensitivities, We the residents are not opposed to the increased use of parkland. We are opposed to the seeming disregard for the residents ability to enjoy their private property both indoors and out. We are opposed to the increased traffic which brings about concern for the welfare of our children who for years have been able to play street hockey, baseball and other games in the street without fear of incident. As an alternative, we the residents of William Price Parkway are requesting that the City of Buffalo and Medaille college move the practice field to the south west corner of the park which is near the basketball courts. This is an unused parcel of parkland situated off of Amherst Street. There would be no encumbrance upon any residential area and includes ample parking space. Petition: We the undersigned residents of William Price Parkway would like to bring to your attention the quality of life issues surrounding the Practice Field at McCarthy Park. We request the practice field be moved to the southwest corner of the park near the basketball courts. The practice field is currently situated less than 10 feet from residential property at 131 William Price Parkway. REFERRED TO THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO. 94 D. PRIDGEN -S. WESTBROOK & O- PETITION AGAINST 360 E. NORTH STREET Moratorium of Sale Petition against 350 East North Street I would like to file the attached information for the next Common Council meeting to be held on July 23, 2013. Thank You, Ellicott District Council Member GRAPE STREET BLOCK CLUB Samuel Westbrook, President 261 Grape Street Buffalo, NY 14204 Dear Mr. Petrucci On behalf of the Grape Street Block Club, we would like to say thank you for responding to our inquiry into 350 East North Street that is situated on the corner of Grape and East North. It has been a blight to our neighborhood for four years with several break -ins and gang activities. Last summer we started calling the Mayor's 311 line again as we've noticed that the new owners from Israel made no attempts in repairing or occupying the property. Our only solace is the tenant living in the back house who is our Vice President. The neglect is painfully obvious since no one has even taken responsibility for maintaining the grounds around the front part of the vacant unit. We, the undersign request that the City enforce the moratorium of sale considering the owners are in violation of the agreement. We request that the City allow us to take ownership of said property at cost. We are prepared to rehab and occupy. Thank you for your consideration, REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 95 K. LICHUS & O- PETITIONS AGAINST ROOMING HOUSE 723 PROSPECT Petition for Opposition of Rooming House at 723 Prospect Ave. Residents to be affected: Prospect Hill Neighborhood (Prospect Ave, Rhode Island St., Fargo Ave., Vermont St., etc) Signatures from homeowners from the immediate neighborhood. We, the undersigned, constitute at least 75% of the homeowners whose homes border the block cited above. Do hereby oppose the approval of rooming house in this immediate area. We further oppose this operation in the area for the following reason: Contributes to vagrancy, transient short -term tenancy. As well as illegal activity such as drug, alcohol use & abuse, panhandling, prostitution, drug dealing and other quality of life issues. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT REGULAR COMMITTEES CIVIL SERVICE (BONNIE E. RUSSELL, CHAIRPERSON) NO. 96 APPOINT FILTRATION PLANT OPERATOR (PROV)(INTER)(SCHWEITZER) CCP# 37, 07/09 Mrs. Russell moved That Communication 37 of July 09, 2013, be received and Filed and that the Provisional appointment of Peter Schweitzer, 328 Ideal Street, Buffalo, NY 14206 to the Position of Filtration Plant Operator, Provisional at the Intermediate Salary of $41,875.00 is hereby approved PASSED AYES — 8, NOES - 0 NO. 97 APPOINT METER MECHANIC SUPERVISOR(PROV)(INTER)(MCCABE) CCP# 38, 07/09 Mrs. Russell moved That Communication 38 of July 09, 2013, be received and Filed and that the Provisional appointment of James McCabe, 29 Mayer St, Buffalo, NY 14207 to the Position of Meter Mechanic Supervisor, Provisional at the Intermediate Salary of $40,590.00 is hereby approved PASSED AYES- 8 NOES- 0 NO. 98 APPOINT ACCOUNT CLERK TYPIST (PERM)(INTER)(MARTINEZ)(HR) CCP# 54, 07/09 Mrs. Russell moved That Communication 54 of July 09, 2013, be received and Filed and that the Permanent appointment of Sharon Martinez, 785 Perry Street, Buffalo, NY 14210 to the Position of Account Clerk Typist at the Intermediate Salary of $33,415.00 is hereby approved PASSED AYES -8 NOES- 0 NO. 99 NOTICES OF APPOINTMENTS - TEMP /PROV /PERM CCP #63, 07/09 Mrs. Russell moved That the above item be the same and hereby is Received and Filed ADOPTED FINANCE CHRISTOPHER P. SCANLON, CHAIRPERSON) NO. 100 D. SMITH -D. KAZMIERCZAK -USAGE OF BUFFALO FIRE DEPT EQUIPMENT CCP #70, 07/09 Mr. Scanlon moved That the above item be the same and hereby is Received and Filed ADOPTED LEGISLATION (DARIUS G. PRIDGEN, CHAIRPERSON) NO. 101 F. LAZARUS, AGENT, TOUSE 455 ELLICOTT TO PLACE A PROJECTING SIGN OVER CITY RIGHT -OF -WAY IN THE SIGN OVERLAY SPECIAL DISTRICT (ELL)(DPIS) (ITEM NO. 72, C.C.P., JULY 9, 2013) Mr. Pridgen moved: That the above item be, and the same hereby is returned to the Common Council with a recommendation for approval; That pursuant to Section 511 -63 1(4) of the City Code, the Commissioner of Permits and Inspection Services be, and he hereby is authorized to issue a license to F. Lazarus, Agent, to place a projecting sign at 455 Ellicott over a City right -of -way in the Sign Overlay Special District. PASSED AYES 8, NOES 0 NO. 102 M. ALI, OWNER TO USE 3160 MAIN TO ESTABLISH A SIT -IN RESTAURANT WITH SIDEWALK PATIO (UNIV)(DPIS) (ITEM NO. 73, C.C.P., JULY 9, 2013) Mr. Pridgen moved: That the above item be, and the same hereby is returned to the Common Council with a recommendation for approval; That pursuant to Section 511 -55 of the Code of the City of Buffalo, the Common Council hereby approves the application of M. Ali, Owner, to establish a sit -in restaurant at 3160 Main Street. The sidewalk patio is hereby denied. PASSED W /COND AYES 8, NOES 0 NO. 103 REPORT OF SALE- 1767 BAILEY(LOV)(STRAT PLAN (C.C.P #14, JULY 9) Mr. Pridgen now moves that the above item is hereby referred to the Committee on Community Development. ADOPTED NO. 104 FOOD STORE LICENSE (NEW) - 136 NORTH DIVISION (ELL)(DPIS) (ITEM NO. 44, C.C.P., JULY 9, 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 Commissioner of Permits and Inspections Services is hereby authorized pursuant to Chapter 194 of the City Code to issue a Food Store License to Imran Syed d /b /a Street Comer located at 136 North Division. PASSED AYES 8, NOES 0 NO. 105 FOOD STORE LICENSE (NEW) - 754 SYCAMORE (FILL)(DPIS) (ITEM NO. 46, C.C.P., JULY 9, 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 Commissioner of Permits and Inspections Services is hereby authorized pursuant to Chapter 194 of the City Code to issue a Food Store License to Ahmad Elabed d /b /a 1 Step Grocery of Buffalo located at 754 Sycamore with the following conditions: 1. Store hours to be from 8:00 am to 11:00 pm daily. 2. No selling of loose items (cigarettes, cigars, diapers, etc.) 3. A working security camera to be on site. 4. NO painted signs on building or in windows. (painted signs will be removed). 5. No cooking or selling of cooked items for sale. 6. Any violation of city ordinances or the above listed conditions will result in the loss of food store license. PASSED W /COND AYES 8, NOES 0 NO. 106 RESTAURANT DANCE CLASS LICENSE (RENEWAL) - 936 ELMWOOD (DEL)(DPIS) (ITEM NO. 49, C.C.P., JULY 9, 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 Commissioner of Permits and Inspections Services is hereby authorized pursuant to Chapter i50 of the City Code to issue a Restaurant Dance Class License to David Putnam d /b /a McGarrets, located at 936 Elmwood Avenue. PASSED AYES 8, NOES 0 NO. 107 RESTAURANT DANCE CLASS LICENSE (RENEWAL) - 1281 HERTEL (DEL)(DPIS) (ITEM NO. 49, C.C.P., JULY 9, 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 Commissioner of Permits and Inspections Services is hereby authorized pursuant to Chapter 150 of the City Code to issue a Restaurant Dance Class License to Sumner Nichols d /b /a Gabel's, located at 1281 Hertel Avenue. PASSED AYES 8, NOES 0 NO. 108 SECOND HAND DEALER - 654 AUBURN (A/K /A 648) (DEL)(DPIS) (ITEM NO. 51, C.C.P., JULY 9, 2013) Mr. Pridgen moved: That the above item be, and the same hereby is returned to the Common Council with a recommendation for approval; That pursuant to 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 Wendie Reed d /b /a Scoop Shop, located at 654 Auburn (a /k/a 648) is hereby approved. PASSED AYES -8 NOES -0 NO. 109 S. HAWRAMY, OWNER, TO USE 1175 HERTEL AVENUE TO ALTER USE AND STRUCTURAL MODIFICATIONS OF AN EXISTING RESTAURANT IN THE HERTEL AVENUE SPECIAL ZONING DISTRICT (DEL)(DPIS) (ITEM NO. 86, C.C.P., JULY 9, 2013) Mr. Pridgen moved: That the above item be, and the above communication from the Department of Permits and Inspection Services, dated June 11, 2013, be returned to the Common Council without recommendation; That pursuant to Section 511- 59F(1) of the City Code, the Commissioner of Permit and Inspection Services be, and he hereby is authorized to issue a restricted use license to S. Hawremy, Owner of 1175 Hertel Avenue to alter the use and structural modifications of an existing restaurant (westernmost tenant space) for a hookah lounge in the Hertel Avenue Special Zoning District subject to the following conditions: • That it holds a New York State tobacco license • That it does not sell or serve any food or beverages • That sales are tobacco only and no sales are made to persons under 18 years of age • That a duct mounted air purifier is installed • The indoor connection between the hookah lounge and the grocery store be closed off completely, creating two separate entities PASSED /COND AYES -8 NOES -0 NO. 110 J. GOLOMBEK & ALL COUNCILMEMBERS- OPPOSITION TO CONSTRUCTION OF A NEW ECC SCIENCE BUILDING IN AMHERST (C.C.P #50, MAR 20) Mr. Pridgen now moves that the above item is hereby referred to the Committee on Community Development. ADOPTED NO. 111 FIGHTING GRAFFITI IN THE CITY OF BUFFALO(EXC RES) ( #89, JUNE 28) Mr. Pridgen now moves that the above item be Received and Filed. ADOPTED NO. 112 J. QUINN- RESPONSE CC RES -BUILD COM COLLEGE'S HEALTH SCIENCES CTR FOR EXCELLENCE AT ECC'S CITY CAMPUS (C.C.P #45, JUNE 14) Mr. Pridgen now moves that the above item is hereby referred to the Committee on Community Development. ADOPTED RESOLUTIONS NO. 113 BY MR. FONTANA EXCUSE COUNCILMEMBER LOCURTO FROM JULY 22 COUNCIL MEETING Be It Resolved: The Common Council hereby excuses Councilmember Michael J. LoCurto from attendance at the regular meeting of the Council held Tuesday, July 22 2013. ADOPTED NO. 114 BY: COUNCIL PRESIDENT AND LOVEJOY DISTRICT COUNCIL MEMBER RICHARD A. FONTANA AND COUNCILMEMBERS GOLOMBEK, PRIDGEN, RIVERA, RUSSELL, SCANLON, SMITH FREE PRESCRIPTION PLAN FOR WESTERN NEW YORK AND SURROUNDING COUNTIES Whereas The Lovejoy District Council office will announce an affordable prescription discount card that is free and available to everyone in the eight Western New York counties; and Whereas This prescription curd is managed by Integrity Rx and families will be able to save up to 85% on both brand -name and generic medications; and Whereas This program has successfully rolled out in New York City with tremendous results. Brooklyn Borough President Murkowitz attested to citizens in his district saving about $200,000 in one year. Since 2006, this program has saved members over $2 billion dollars; and Whereas More than 60,000 pharmacies participate throughout the country, and there are no restrictions, enrollment fees, as well as no income requirements and no personal information is required to get a curd; and Whereas These savings are extraordinary for seniors and those who are on low to moderate incomes. All too often the rising cost of prescription drugs places a burden on Western New York households. This is particularly true for more than one million New Yorkers who don't have health insurance. The high cost of prescription drugs imposes a huge impact on seniors and low income families choosing between lifesaving medications or putting food on the table. Having access to a free prescription drug card can spell relief for many families within our counties. Now, Therefore Be It Resolved: That the Common Council hereby supports the Integrity Rx Discount Drug Card and encourages all citizens of Western New York and the eight surrounding counties to take advantage of this free prescription plan. ADOPTED NO. 115 BY: MR. FRANCZYK AND MR. PRIDGEN RE: APPROVE PERRY CHOICE NEIGHBORHOOD TRANSFORMATION PLAN & OPTION AGREEMENT FOR PROPERTIES NEAR AD PRICE WHEREAS: The Buffalo Municipal Housing Agency (BMHA) was awarded a 5250,000 HUD grant to develop a comprehensive redevelopment plan for the Perry Choice neighborhood; and, WHEREAS: The BMHA, in conjunction with the City of Buffalo, is further preparing an application for a Choice Neighborhood Implementation Grant from HUD, due on September 10, 2013; and, WHEREAS: The plan entails an exciting reimaging of the Perry community as a viable city mixed -use residential neighborhood; NOW THEREFORE BE IT RESOLVED: That the Common Council approves the Buffalo Municipal Housing Authority (BMHA) Perry Choice Neighborhood Transformation Plan; BE IT FURTHER RESOLVED: That the Common Council grant an Option Agreement for the attached list of properties in the Ellicott community near AD Price. DAVID A. FRANCZYK PASSED AYES -8 NOES -0 NO. 116 BY: MR. FRANCZYK RE: MUNICIPAL RESOLUTION IN SUPPORT OF AN URBAN INITIATIVES GRANT APPLICATION FOR BROADWAY - FILLMORE NHS'S COMMUNITY FACILITY AT 780 FILLMORE AVENUE, BUFFALO, NY Whereas, a funding opportunity exists within the 2013 Consolidated Funding Application called Urban Initiatives to provide financial resources to New York communities for the restoration and improvement of housing and community facilities in urban neighborhoods, and Whereas, Broadway - Fillmore Neighborhood Housing Services, Inc. as an eligible non - profit applicant with an office in an eligible neighborhood engaged in community preservation activities that primarily benefit residents whose incomes do not exceed 80% of the Area Median Income, and Whereas, Broadway - Fillmore NHS's facilities have a need to be upgraded through an Urban Initiatives grant to better serve the residents of Buffalo's east side neighborhoods, through an improvement project that reduces energy costs, diverts stormwater to be available to an urban farm, and increases inclusiveness for all residents through accessibility improvements, and Whereas, Broadway - Fillmore NHS's proposed Urban Initiatives project is consistent with the guiding principles and Strategy 6 of the Buffalo Niagara Regional Economic Development Council to make targeted capital investments in priority "turn around" areas with specific focus on disadvantaged neighborhoods that enhances functionality of supporting infrastructure, which can be used to invest in housing and build off of other investments being made in target neighborhoods, such as Broadway - Fillmore NHS's recent EPA Building Blocks for Sustainable Neighborhoods award, and a NYS Affordable Housing Corporation owner - occupied housing rehabilitation grant for the Fillmore Corridor, Now therefore, the Common Council of the City of Buffalo, NY, approves the Urban Initiatives application being submitted by Broadway - Fillmore Neighborhood Housing Services, Inc. to improve their non - profit's offices and affordable rental unit at 780 Fillmore Avenue to make improvements in energy- efficiency, accessibility, stormwater diversion, and other building upgrades to better serve the needs of residents of Buffalo's east side. ADOPTED 0 1 WNIVA BY: MR. FRANCZYK RE: U.S. POST OFFICE REMOVAL OF POSTAL MAIL BOXES WHEREAS: Although society has rapidly moved to an electronic -based communications society, citizens still utilize the U.S. Postal Service for mail drops in the City of Buffalo; and, WHEREAS: Citizen activists maintain that the Postal Box at the corner of Clinton and Emslie street, which was well used, has been removed by the U.S. Post Office; and WHEREAS: When questioned by the citizen about the removal of the box, the postal employee stated that this box was one often boxes, all reportedly located on Buffalo's East Side, which have been removed; and, WHEREAS: The citizen said the postal employee informed him that the boxes were removed due to the "extra labor" needed by the Post Office to maintain them, which may indicate an early opening move to begin the process of once again looking at closing the Main Post Office in Buffalo, which was attempted in 2011 and 2012; and, WHEREAS: The Common Council wants to ensure that services continue to be provided to citizens in their neighborhoods, including the maintenance of mail boxes and services in their communities to the best extent possible; and, NOW THEREFOR BE IT RESOLVED: That the Common Council request that the United States Post Office, Buffalo office, report to the Council on why it has removed these mail boxes and how this action will enhance mail service to Buffalonians; BE IT FURTHER RESOLVED: That the Common Council request that the United States Post Office, Buffalo Office, provide the Common Council with a list of how many mail boxes have been removed (or will be removed) from Buffalo's neighborhoods in recent months and years, as well as reporting on how boxes and their locations will be left remaining in the city. BE IT FINALLY RESOLVED: That the Common Council is not in support of diminished United States Post Office services, including the removal of Postal Mail boxes in the City of Buffalo. ADOPT FINAL RESOLVES, REFER REMAINDER TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 118 BY: MR. FRANCZYK RE: WAIVE SPECIAL EVENT PERMIT FEE FOR ARTISTS AND CYCLISTS EVENT GOBike Buffalo, along with the Greater Allentown Gallery Association is organizing and sponsoring the "Artists & Cyclists" event on Friday, August 2, 2013; and The purpose of the event is to turn the First Friday art walk into an open streets experience, creating a community event that allows for the display of public art, uninhibited biking and walking, mobile bike repairs and more; and Allen Street, between Franklin and Delaware Avenue will be closed from 6:00 pm to 9:00 pm for the event; and There is no admission charge and GOBike Buffalo and the Greater Allentown Gallery Association encourages the public to attend and participate in this truly unique event; Now, Therefore Be It Resolved: That the Common Council of the City of Buffalo waives the Special Event application and all permit fees associated with the "Artists and Cyclists" event on Allen Street on Friday, August 2, 2013, from 6:00 to 9:00 pm; 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. 119 BY: COUNCIL MEMBER DAVID A. FRANCZYK WAIVE SPECIAL EVENT PERMIT FEE AND PARK PERMIT FEE FOR "SQUEAKY WHEEL OUTDOOR ANIMATION FESTIVAL" EVENT Whereas: On Saturday, July 27, 2013, the "Squeaky Wheel Outdoor Animation Festival" will take place at Days Park in the Fillmore District of Buffalo, New York; and Whereas: For the past ten years, Squeaky Wheel has held this outdoor event in Days Park located in the Allentown section of the City. This Animation Festival is a family friendly event for all ages and is free of charge to the public. Whereas: This event includes a 45 minute media screening which starts at 8:30- 10:00pm. Attendees are encouraged to bring their own blankets, chairs and snacks to enjoy an evening of short animated films under the stars. Now, Therefore Be It Resolved: That the Common Council hereby requests that the event permit fee and the park permit fees be waived for the Saturday, July 27, 2013 "Squeaky Wheel Outdoor Animation Festival" event; and Be It Further Resolved: That a copy of this Resolution be sent to the Department of Special Events and the Department of Public Works, Parks and Streets. PASSED AYES -8 NOES -0 NO. 120 BY: MR. FRANCZYK APPROVE LT, COL. MATT URBAN HUMAN SERVICE CENTER'S GRANT APPLICATION WHEREAS: The Common Council and the City of Buffalo has designated the P.C.C.B. Inc., d /b /a the Lt. Col. Matt Urban HSC of NY (the Matt Urban Center)" The Developer" and has already given the Matt Urban Center "site control" for the re- construction, conversion, and preservation of the former P.S. #57. WHEREAS: The Matt Urban Center is proposing to establish a 56 unit Emergency Shelter and 18 units of "Single Room Occupancy" apartments for Women and women with children. WHEREAS: The Matt Urban Center is also proposing to relocate the Matt Urban HOPE Center into the former P.S. #57 and expand both its services and provide additional services that the community needs such as but not limited to Medical /dental services, child care, job training, the urban dinner, food pantry, clothing closet, warming /coolin center during "Code Blue" and weather related emergencies, etc. NOW THEREFOR BE IT RESOLVED: That once the project is complete and is open for operation it will be known as "The Matt Urban HOPE House." BE IT FURTHER RESOLVED: That The Common Council supports the Polish Community Center of Buffalo d /b /a the Lt. Col. Matt Urban Human Services Center's efforts in helping others and providing Hope. BE IT FINALLY RESOLVED: That the Common Council approves securing a grant from the New York State Housing and Community Renewal Agency for the above outlined project. PASSED AYES -8 NOES -0 NO. 121 BY COUNCIL MEMBER DAVID A. FRANCZYK WAIVE EVENT PERMIT FEE AND PARK PERMIT FEE FOR "SPERRY PARK UNITY DAY" EVENT Whereas: On Saturday, August 31, 2013, the "Sperry Park Unity Day" will take place at Sperry Park on Sherman Street in Buffalo, New York; and Whereas: This Unity Day event will allow families in the community as well as other communities to enjoy a celebration of Life, Love and Fun. Now, Therefore Be It Resolved: That the Common Council hereby requests that the event permit fee and the park permit fees be waived for the August 31, 2013 "Sperry Park Unity Day" event, conditioned upon obtaining the necessary insurance for the event; and Be It Further Resolved: That a copy of this Resolution be sent to the Department of Special Events and the Department of Public Works, Parks and Streets. PASSED AYES -8 NOES -0 NO. 122 BY: MR. GOLOMBEK RE: WAIVE SPECIAL EVENT PERMIT FEE FOR NEW YORK WALLEYE KIDS FISHING DERBY Whereas The New York State Walleye Association will be holding its annual kids fishing derby at Hoyt Lake in Delaware Park; and Whereas Young anglers from Buffalo and Western New York will have a fun morning of fishing at Hoyt Lake followed by a party at the American Legion Post 1041 on Amherst Street; and Whereas The New York State Walleye Association will use Hoyt Lake at Delaware Park from 8:00 am to 1:00 pm on Sunday, July 28, 2013; Now, Therefore Be It Resolved: That the Common Council of the City of Buffalo waives the special event permit fee associated with the New York State Walleye Association annual kids fishing derby at Hoyt Lake in Delaware Park on Sunday, July 28, 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. 123 SPONSOR: MICHAEL J. LOCURTO RE: 2013 GREATER BUFFALO ITALIAN HERITAGE AND FOOD FESTIVAL Whereas: The North Buffalo Community Development Corporation, Hertel -North Buffalo Business Association, and the West Side Business and Taxpayers Association, Inc. have requested permission to again, jointly conduct the Greater Buffalo Italian Heritage and Food Festival from August 1 st through August 4th, 2012, on Hertel Avenue; and Whereas: These groups are also requesting that Hertel Avenue be closed to vehicular traffic between Delaware and Colvin Avenues during the above dates, and that cross streets between Colvin and Delaware Avenues, and also Linden and Tacoma between Delaware and Colvin Avenues, be designated festival areas; and Whereas: This festival will be a major expression of Italian Heritage which includes culture, customs, and foods and will once again attract people from hundreds of miles away; and Whereas: The Italian Festival Committee will continue the drastic changes that were made in 2002 in an effort to focus more on Italian Heritage. The changes are as follows: 1. The festival will run from Thursday, August 1 st, 2013, to Sunday, August 4th, 2013 (4 days) 2. The hours of operation will be from 11 :00 AM to 11:00 PM on Thursday, Friday, and Saturday, and from 11:00 AM to 10:00 PM on Sunday 3. The Festival Committee shall control the area bounded by Delaware Ave. from Linden to Tacoma Ave., Tacoma Ave. from Delaware Ave. to Colvin Ave. From Tacoma Ave. to Linden Ave., Linden Ave. from Colvin Ave. to Delaware Ave. 4. Within the above area, the festival will operate from just west of Delaware Ave. to just east of Crestwood Ave. 5. All large amusement rides and games of chance will be eliminated. 6. Where and when possible, all residents and businesses on Hertel Ave. between Delaware Avenue and Virgil Avenue will have access to their property. The Festival Committee will maintain the increased level and presence of security throughout the area agreed to by the Festival Board. 7. Electrical power provided by private source will eliminate large and noisy diesel generators with whisper quiet electrical generators which eliminate all hazardous wires criss- crossing the street. 8. The Festival Committee wilt be eliminating most non -food vendors thereby re- focusing their attention on ethnic and cultural areas. Non -food vendors must complete an application and fulfill all the requirements of the application. The number of non -food vendors is limited and approval is granted on a first -come, first - served basis. Now Therefore Be It Resolved: The North Buffalo Community Development Corp., Hertel -North Buffalo Business Association and the West Side Business and Taxpayers Association Inc. are hereby granted Permission to jointly conduct the 2013 Greater Buffalo Italian Heritage and Food Festival subject to the following conditions: 1. The Festival shall be conducted on Hertel Avenue from August 1 st, through August 4th, 2013, between the hours of 11:00 AM and 11:00 PM, except Sunday when hours are 11:00 AM to 10:00 PM with Tuesday July 30th, 2013 after 6:00 PM and Wednesday, July 31 st, 2013 to be used only as set up days, and Monday, August 5th, 2013, to be used only as a breakdown day with traffic to recommence by 6:00 AM of that day; 2. Hertel Avenue, between Crestwood and Tennyson Avenues, shall be closed to vehicular and bicycle traffic, and dogs and other animals shall be prohibited during the festival. In addition, cross streets bounded by Colvin, Linden, Delaware, and Tacoma Avenues, including those boundary streets, shall be part of the festival area subject to its rules and regulations. Permitees with the cooperation of and at the direction of the Police Department will furnish and locate barriers to be placed at the beginning time of the festival and to be removed at the end of the festival; 3. That the city -owned residential area parking lot, located behind 1180 Hertel shall be closed to general use and shall be reserved solely for those residents of Hertel Avenue residing within the festival area, and this restriction shall be enforced strictly by the city and festival committee; 4. That the festival committee be, and hereby is, authorized to erect appropriate banners and fittings on street lamp posts on Hertel Avenue from the easterly side of Colvin Avenue to the westerly side of Delaware Avenue, and to hang a banner across Hertel Avenue and at Sorrento's on South Park Avenue, all within conditions specified by the Department of Public Works, Parks and Streets; 5. Permitees shall furnish to the City of Buffalo proper liability insurance as determined by Special Events Committee and Corporation Counsel; 6. Permitees shall assume complete responsibility for removing barriers, decorations, barricades, stands, equipment and any trash or debris in the area arising out of the festival; 7. Permitees shall assume complete responsibility for conducting the festival in compliance with all laws and ordinances applicable, and with all directives of the various city departments, including Police, Fire, Street and Sanitation, Transportation, and Public Works; 8. Permission is hereby granted for the above under such terms and conditions so as to protect the interest of the City of Buffalo, as set forth by the Special Events Committee. PASSED AYES -8 NOES -0 NO. 124 SPONSOR: MICHAEL J. LOCURTO SUBARU CHASE BAND SHE1! FEE WAIVER RESOLUTION Whereas The 33 annual Subaru Buffalo 4 Mile Chase will take place Friday July 19, 2013 in the Elmwood Village area of the City of Buffalo; and Whereas The Subaru Chase is not only a major summertime event in the City of Buffalo drawing thousands of local spectators and participants to the Elmwood /Bidwell Community, but also is a widely recognized venue that attracts nationally and internationally renowned runners to Buffalo; and Whereas Although the Subaru 4 Mile Chase contributes to tourism in Buffalo by promoting the City as a very attractive destination point, makes a tremendously positive economic impact on area businesses, and provides an outstanding attraction for young and old alike, it also serves the community by donating proceeds to benefit the Police Athletic League of Buffalo and area youth served by PAL; and Whereas The local organizers of the Subaru Chase have requested the use of the City's Band Shell to facilitate the success of the race. Now, Therefore, Be It Resolved That: The City of Buffalo Common Council hereby approves waiving the Band Shell Fee for the Subaru Buffalo 4 Mile Chase on July 19, 2013; and Be it Further Resolved That: A copy of this resolution be sent to the Department of Parks and Recreation and the Department of Special Events. PASSED AYES -8 NOES -0 NO. 126 SPONSOR: COUNCILMEMBER LOCURTO RE: WAIVE PERMIT FEES FOR SUMMER MUSIC SERIES IN DELAWARE PARK Whereas, Kat Tyler, a business woman with entities in Delaware Park, successfully hosted a free summer music series last summer in Delaware Park; and Whereas, the event was a huge success and was widely attended by a diverse group of members of the community; and Whereas, the organizers notified and had the full support of the D District of the Buffalo Police; and Whereas, waiving permit fees will allow this free event to take place for citizens to support local music and enjoy one of the city's most beautiful parks; and Now, Therefore, Be it Resolved: That the City of Buffalo Common Council hereby waives all permit fees associated with the Summer Music Series concerts in Delaware Park from July 19 through August 23, 2013 from 5:30 until 8:00pro. PASSED AYES -8 NOES -0 NO. 126 BY: ELLICOTT DISTRICT COUNEIIMEMBER DARIUS G. PRIDGEN BUFFALO PRENATAL PERINATAL NETWORK EVENT Whereas The Buffalo Prenatal Perinatal Network event will provide the area community residents with information on fire prevention and safety, as well as parental support and child development information on August 29, 2013 from I IAM to 2 PM; and Whereas This is to provide positive parenting skills and link families with the necessary referrals providing free services to all areas in Buffalo; and Whereas The services of the Buffalo Prenatal Perinatal Network is a home visiting program that works with families for up to five years to ensure proper parental and educational support; and Whereas Food, refreshments, and entertainment for children will be provided and is open to the public at the MLK Park Shelter across from the wading pool area; and Whereas In the event of rain, the event will be cancelled; and NOW THEREFORE BE IT RESOLVED: That the Common Council of the City of Buffalo waive the park rental and all event fees for the above listed event. BE IT FURTHER RESOLVED: That the City Clerk forward a copy of this resolution to the Commissioner of the Department of Public Works, Parks, Streets, and Special Events. PASSED AYES -8 NOES -0 NO. 127 BY: ELLICOTT DISTRICT COUNCIL MEMBER DARIUS G. PRIDGEN RE: 11 "ANNUAL PUERTO RICAN & HISPANIC DAY PARADE Whereas The Puerto Rican & Hispanic Day Parade will be celebrating their 11 annual cultural and civic pride events from Friday, September 6, through Sunday, September 8, 2013; and Whereas The LaSalle Park Pavilion and Park are utilized all three days for youth and family entertainment which is free and open to the public; and Whereas Different vendors (who are responsible for their city permit fees), will provide foods and beverages at a cost; and Whereas Setup at the Park begins Wednesday, September 5 -6, 2013, at 11 AM. Niagara Street is utilized Saturday, September 7, 2013 from Niagara Square to Connecticut Street from 9AM -4PM for setup and parade; Whereas The organization also sponsors a flag raising ceremony on Thursday, August 29, 2013, at 1 PM in Niagara Square. All flags are installed on the Parade route beginning August 22, 2013; and Whereas in the event of rain, tent and shelter areas will be provided; and NOW THEREFORE BE IT RESOLVED: That the Common Council of the City of Buffalo waive the park rental and all event fees for the above listed event. BE IT FURTHER RESOLVED: That the City Clerk forward a copy of this resolution to the Commissioner of the Department of Public Works, Parks, Streets, and Special Events. PASSED AYES — 8 NOES - 0 NO. 128 BY COUNCILMEMBER PRIDGEN AND COUNCILMEMBER RUSSELL NEIGHBORHOOD WATCH AND BLOCK CLUB TRAINING Whereas: Neighborhood Watch organizations and Block Clubs are instrumental to ensuring the safety of our communities; and Whereas: Members of these organizations are usually the first to know of any neighborhood disturbances; and Whereas: It is imperative that members of these organizations are appropriately trained in knowing the proper procedures to follow if problems arise in their neighborhoods. Now Therefore Be It Resolved: That the Common Council of the City of Buffalo does hereby request that every Neighborhood Watch Organizations and Block Club recognized by the City of Buffalo conduct training by December 31, 2013 on the following: -racial profiling -the procedures to inform law enforcement of possible problems in a neighborhood -the importance of following the directions of emergency dispatchers Be It Further Resolved: That the Board of Block Clubs in collaboration with the Commission on Citizens' Rights & Community Relations and the Department of Citizen Services prepare the required training for said organizations. Be It Finally Resolved: That a copy of this resolution be sent to the Department of Citizens Services, Commission on Citizens' Rights & Community Relations and the Board of Block Clubs for distribution to all recognized Block Clubs. ADOPTED NO. 129 BY: ELLICOTT DISTRICT COUNCIL MEMBER DARIUS G. PRIDGEN RE: SPECIAL EVENTS WAIVER PERMIT FEE FOR THE 8TH ANNUAL QUEEN CITY JAZZ CITY FESTIVAL Whereas The 8th Annual Queen City Jazz Festival will be held on Saturday, July 27, 2013, from 12 Noon to 8 PM to benefit the Historic Colored Musicians Club; and Whereas This annual event will be held on Michigan Street between Broadway and William Streets next to the Colored Musicians Club, 14513roadway, Buffalo, NY; and Whereas There will be various jazz and blues bands, providing free entertainment to the general public; and Whereas Area food vendors such as Mr. Bones, Garris Barbeque, Flight 104, will offer a variety of different foods at a cost; and Whereas The 8 Queen City Jazz Festival event will be held rain or shine; and NOW THEREFORE BE IT RESOLVED: That the Common Council of the City of Buffalo waive the park rental and all event fees for the above listed event. BE IT FURTHER RESOLVED: That the City Clerk forward a copy of this resolution to the Commissioner of the Department of Public Works, Parks, Streets, and Special Events. PASSED AYES -8 NOES -0 NO. 130 BY ELLICOTT DISTRICT COUNCIL MEMBER DARIUS G. PRIDGEN SPECIAL EVENTS WAIVER PERMIT FEE FOR THE 16TH ANNUAL PARADE PROCLAIMING BUFFALO FOR CHRIST Whereas The 16th Annual Parade Proclaiming Buffalo for Christ to benefit the Buffalo, NY community will be held on August 31, 2013 from 12 Noon to 7 PM; and Whereas This annual parade held locally in the heart of the Hispanic community, because of the terrible time of violence and crime; and Whereas The parade will start at the comer of Jerge Dr. and S. Elmwood next to City Hall. The walk is down Niagara Street to Virginia Street, to Ether Street to Maryland, finishing with a revival church service at a lot on the comer of Maryland and Niagara Streets; and Whereas Free food consisting of hot dogs, hamburgers, water, and gifts will be given to the public; and Whereas In the event of rain, the parade will be held as planned; and NOW THEREFORE BE IT RESOLVED: That the Common Council of the City of Buffalo waive the park rental and all event fees for the above listed event. BE IT FURTHER RESOLVED: That copies of this event will be sent to the Department of Permits & Inspection, the Department of Public Works, and the Department of Special Events. PASSED AYES -8 NOES -0 NO. 131 BY: ELLICOTT DISTRICT COUNCIL MEMBER DARIUS G. PRIDGEN RE: SPECIAL EVENTS WAIVER PERMIT FEE FOR CHALKFEST BUFFALO Whereas The Chalkfest Buffalo sponsored by the 500 Block of Main Street Association will be held on Saturday, August 3, and Sunday, August 4, 2013 from 12 Noon to 6 PM, to benefit the Young Audiences of Western New York, a not - for - profit agency; and Whereas This annual event will be held outdoors directly in the 500 Block of Main Street, between E. Mohawk and E. Huron; and Whereas This is a free family oriented event bringing art and design to the 500 Block of Main Street using chalk as a medium. There is no admission or registration fee to partake in any of the many activities being offered; and Whereas Monies collected from the sale of t- shirts and water bottles will go to the Young Audiences of Western New York, assisting in the education of children through the arts; and Whereas The event will be held rain or shine; and NOW THEREFORE BE IT RESOLVED: That the Common Council of the City of Buffalo waive the park rental and all event fees for the above listed event. BE IT FURTHER RESOLVED: That the City Clerk forward a copy of this resolution to the Commissioner of the Department of Public Works, Parks, Streets, and Special Events. PASSED AYES -8 NOES -0 NO. 132 BY: ELLICOTT DISTRICT COUNCIL MEMBER DARIUS G. PRIDGEN RE: SPECIAL EVENTS AND LASALLE PARK & PAVILION WAIVER PERMIT FEES FOR BREAKOUT AND LOVE BUFFALO Whereas Breakout and Love Buffalo Projects is an organization with over 700 volunteers who have a long outstanding history and relationship with the City of Buffalo; and Whereas Organizers collect over 700 hundred volunteers to do projects to better our City. Among the various West Side beautification repairing projects are: roofing, porches, sidewalks sweep, handicap ramps, window boxes, and garden cleanings; and Whereas For their efforts, a celebratory event for the volunteers will be held in LaSalle Park & Pavilion on July 17, 2013, to reward them for their volunteer efforts in helping to build the City of Buffalo; and Whereas We appreciate the many projects Breakout and Love Buffalo have implemented in the City of Buffalo over the past years; and Whereas The event will be held rain or shine; and NOW THEREFORE BE IT RESOLVED: That the Common Council of the City of Buffalo waive the park rental and all event fees for the above listed event. BE IT FURTHER RESOLVED: That the City Clerk forward a copy of this resolution to the Commissioner of the Department of Public Works, Parks, Streets, and Special Events. PASSED AYES -8 NOES -0 NO. 133 SPONSORED BY COUNCILMEMBER DARIUS G. PRIDGEN, ELLICOTT DISTRICT COUNCIL MEMBER PERMISSION TO HANG BANNERS FOR HISPANIC HERITAGE MONTH Whereas: Hispanic Heritage Council of Western New York Inc. is celebrating Hispanic Heritage in Western New York; and Whereas: Hispanic Heritage Council of Western New York, Inc requests permission to hang a banner at the North Side of Maryland and Niagara Streets from September 1- October 15, 2013; and Whereas: Hispanic Heritage Council of Western New York Inc. , will comply with City of Buffalo regulations; and Whereas: Hispanic Heritage Council of Western New York Inc., is aware of the insurance requirements and is able to comply with them Now, Therefore, Be It Resolved: That the Common council does hereby grant permission to the Hispanic Heritage Council of Western New York Inc. to hang a street banner at the North side of Maryland and Niagara Streets from September I- October 15, 2013 given compliance with the City and Public Works requirements. The banners must be removed no later than October 20, 2013. Be It Further 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 banner in the City of Buffalo. PASSED AYES -8 NOES -0 NO. 134 SPONSORED BY: COUNCILMEMBER DAVID RIVERA RE: BUTLER MITCHELL CLUBHOUSE RENOVATION PROJECT Whereas: The Boys & Girls Clubs of Buffalo is engaging in a campaign to renovate the Butler Mitchell Clubhouse; and Whereas: The Butler Mitchell Clubhouse is located at 370 Massachusetts Avenue and is located in a neighborhood where almost 60% of the youth live in poverty; and Whereas: It serves 300 youth a year, but is limited in its service due to the buildings current condition; and Whereas: Butler Mitchell is one of the oldest Boys & Girls Clubs in Buffalo and is in need of major renovations; and Whereas: With major updates to its hygiene facilities; Butler Mitchell will be able to increase its capacity by 40% and be able to serve over 500 youth per year; and Whereas: In an effort to complete its needed renovations and reach that higher capacity, the Boys & Girls Clubs of Buffalo is applying to New York State's Consolidation Funding Application. Now, Therefore, Be It Resolved: The Common Council supports the Boys and Girls Clubs of Buffalo's Consolidated Funding Application and will work with the Boys & Girls Clubs of Buffalo to ensure the renovation is successful. ADOPTED NO. 135 SPONSORED BY: COUNCILMEMBER DAVID RIVERA VISION NIAGARA APPLICATION FOR NEW YORK MAIN STREET PROGRAM Whereas: Vision Niagara is a community organization of various stakeholders collaborating to revitalize Niagara Street from Busti Avenue to Scajaquada Creek; and Whereas: Niagara Street has been the focus of many public and private investment projects over the past few years including, Broderick Park, Rich Products, and is the location for future projects including "complete street" improvements to Niagara Street and upgrades to the facilities along Niagara Street operated by the NFTA; and Whereas: in an effort to complement these projects and further the purpose of Vision Niagara to revitalize Niagara Street, the organization will be applying for a Main Street grant from the New York State's Office of Homes and Community Renewal; and Whereas: The grant will allow Vision Niagara to offer matching grants to owners of mixed -used buildings in a specific location on Niagara Street, and allow owners to renovate facades, storefronts and commercial interiors; and Whereas: This area of Niagara Street meets the requirements of the Main Street Program in that is it a location that has experienced sustained physical deterioration, decay, neglect, or disinvestment; that has a number of substandard buildings or vacant residential or commercial units; and in which more than fifty percent of the residents are persons of low income. Now, Therefore Be It Resolved: The Common Council fully supports Vision Niagara's application to the New York State Main Street Program and commits to assisting the effort to revitalizing Niagara Street. PASSED AYES 8, NOES 0 NO. 136 BY: MR. RIVERA WAIVE OF PERMIT FEES FOR PRIMERA IGLESIA METODISTA UNDIA CHRISTIAN YOUTH FESTIVAL Whereas: Primera Iglesia Metodista Undia (Primera Iglesia) is located at 62 Virginia Street, will be holding its annual youth festival; and Whereas: Primera Iglesia will be having this festival to inform, educate, inspire, nurture, enable and empower children, youth and adults; and Whereas: The church will host the event at Prospect Park from 10:00am to 10:00 pm from Friday, August 2, 2013 thru Sunday, August 4, 2013. Now, Therefore Be It Resolved: The Common Council of the City of Buffalo waives all park permit fees and all special event fees associated with the Primera Iglesia Metodista Undia Christian Youth Festival at Prospect Park from Friday, August 2, 2013 thru Sunday, August 4, 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. 137 MRS. RUSSELL, MR. FONTANA, MR. SMITH, MR. FRANCZYK, MR. GOLOMBEK, MR. LOCURTO, MR. PRIDGEN, MR. RIVERA AND MR. SCANLON ORDINANCE AMENDMENT CHAPTER 263, LICENSES The Common Council of the City of Buffalo does hereby ordain as follows: Section 1. That Sections 263 -39 and 263 -40 of Chapter 263 of the Code of the City of Buffalo be amended to read as follows: §263 -39. Compliance required; penalties for offenses. A. The holder of any license or permit issued [owner /operator of any establishment licensed] by the city of Buffalo shall comply with all provisions of federal, state and local laws and ordinances relating to the conduct of the business, use and maintenance of the premises. B. The holder of an, /license or permit issued [owner and the operator of any establishment licensed] by the City of Buffalo shall comply with all notices, orders, decisions and rules and regulations made by the Department of Permit and Inspection Services, Buffalo Police Department or any other City of Buffalo department [and /] or agency. C. Any person, firm, corporation or other entity violating the provisions of this article may be liable for penalties as prescribed by in Chapter 137, Article I of this Code, and may be subject to immediate closure by the Buffalo Police Department [and /]or the Department of Permit and Inspection Services; an administrative hearing will be scheduled within 60 days of said immediate closure. D. Any person, firm, corporation or other entity found guilty of violation of any federal, state or local law or ordinance in relation to operation of a business or trade licensed by the City of Buffalo shall be subject to suspension or revocation of such license provided that such revocation or suspension shall be subject to an administrative hearing as provided in subdivision F of this section. E. The holder of any license issued by the City of Buffalo at all times shall be responsible for the conduct of the licensed trade or business and shall at all times be responsible for the conduct of its agents, employees, staff, servants and any persons charged with or permitted to operate the business or business premises. A violation of this Article by any agent, employee, staff, servant, partner or other person charged with operation of the business or permitted to operate the business, regardless of whether such person is compensated, shall be deemed to be the act of the license holder. F. Administrative hearings under this Article shall be conducted by the Commissioner of Permit and Inspection Services, or such person as the Commissioner may designate for such purpose. Notice of bearing shall be served upon the license holder by certified mail at the address given by the license holder on its license application. The hearing shall be conducted under oath, and a voice recording of the proceedings shall be kept. Notice of hearing shall be mailed at least 10 days before the hearing date. The license holder shall have the right to produce evidence and witnesses, and may be represented by counsel. The Commissioner of Permit and Inspection Services shall render a written determination within thirty days following the close of the hearing. In the event of default by the license holder the Commissioner of Permit and Inspection Services may immediately revoke the license holder's licenses and permits and order the business closed. §263 -40. Closure for operation without license. Any establishment operating without the required City of Buffalo license or permit shall be immediately closed by order of the Buffalo Police Department or the Department of Inspection and permit Services. Every day of operation without a license or permit shall constitute a separate violation. §2. This Ordinance Amendment shall take effect immediately upon being duly ratified pursuant to §3 -19 of the City Chatter. Material in brackets [] is deleted. Underlined material is new APPROVED AS TO FORM TIMOTHY A. BALL CORPORATION COUNSEL Alan P. German Asst. Corporation Counsel REFERRED TO THE COMMITTEE LEGISLATION NO. 138 BY: MRS. RUSSELL, MR. FONTANA, MR. SMITH, MR. FRANCZYK, MR. GOLOMBEK, MR. LOCURTO, MR. PRIDGEN, MR. RIVERA AND MR. SCANLON ORDINANCE AMENDMENT CHAPTER 313. PEACE AND GOOD ORDER The Common Council of the City of Buffalo does hereby ordain as follows: Section 1. That Sec Chapter 313 of the Code of the City of Buffalo be amended to read as follows: Article I. Disturbances and Intoxication § 313 -1. Riots and disturbances. No person, partnership, corporation or other entity regardless of form of organization. shall make or assist in making any riot, unreasonable noise or disturbance at or within or outside of any house or building or in a public place. § 313 -2. Persons under the influence of alcohol or drugs. No person shall be or appear in a public place under the influence of alcohol, narcotics or other drug to the degree that he may endanger himself or other persons or property or annoy persons in his vicinity. Article II. Closing of premises where alcohol is sold or served [Taverns] § 313 -3. Direction to close. The Mayor or the Commissioner of Police are hereby authorized to direct the proprietors, keepers or persons in charge of any premises where alcohol is sold, offered for sale, or served or given away [saloon, bar or place where intoxicating liquors, wine, ale or beer are sold, offered for sale or given away] to close and keep closed, in times of dire emergency, for so long a time as deemed [he shall deem] necessary, such premises where alcohol is sold, offered for sale, or served or given away [saloon, bar or place], whenever it is deemed [he shall deem] that the preservation of peace and good order shall be secured or promoted by closing and keeping closed said [bar, saloon or place]. § 313 -4. Action upon failure to comply. If any person, partnership, corporation or other entity regardless of form of organization whom the Mayor or the Commissioner of Police directs to close and keep closed any such premises where alcohol is sold, offered for sale, or served or given away [bar, saloon or place], neglect or refuses to comply with the direction of the Mayor or of the Commissioner of Police, any member of the police force is hereby empowered to close said bar, saloon or place and keep the same closed. §2. This Ordinance Amendment shall take effect immediately upon being duly ratified pursuant to §3 -19 of the City Charter. Material in brackets [] is deleted. Underlined material is new APPROVED AS TO FORM TIMOTHY A. BALL CORPORATION COUNSEL Alan P. Gerstman Asst. Corporation Counsel REFERRED TO THE COMMITTEE ON LEGISLATION NO. 139 TRANSFER OF FUNDS -CTY CLK -PW That, Pursuant to §20 -12 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the appropriation in be transferred and reappropriated as set forth below: From: 10220006 - 434000 City Clerk Neighborhood Initiatives $30,000 To: 14160006- 434000 Public Works - Parks and Recreation $30,000 Contractual Services PASSED AYES 8, NOES 0 NO. 140 SPONSOR: CHRISTOPHER P. SCANLON WAIVE EVENT FEES FOR THE YMCA CAZENOVIA PARK CAMP 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 YMCA Cazenovia Park Camp will take place from Monday, June 24, 2013 to Friday, August 30, 2013, Mondays through Fridays from 7:30am to 5:30pm at Tosh Collins, Cazenovia Park, and Cazenovia Pool; and WHEREAS, This event is low -cost and is a great opportunity for the community youth as it provides them with a safe environment to play, learn, and socialize; and WHEREAS, The YMCA provides recreational and social opportunities for the community through the hard work of staff and volunteers; and NOW, THEREFORE, BE IT RESOLVED, That the Common Council of the City of Buffalo respectfully requests that the Department of Special Events, Department of Permits & Inspections, and the Department of Public Works waive all fees applicable the YMCA Cazenovia Park Camp; 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. 141 BY: SOUTH DISTRICT COUNCIL MEMBER CHRISTOPHER P. SCANLON WAIVE SPECIAL EVENT FEE FOR THE 2013 SOUTH PARK ITALIAN FESTIVAL Whereas: On Sunday, August 18 2013, the 8 th annual South Park Italian Festival wilt take place located in South Park; and Whereas: This family friendly event showcases the Italian heritage throughout South Buffalo and surrounding areas; and Whereas: Celebrating the diverse cultural heritage of the neighborhoods, the South Buffalo Italian Festival serves up great music, delicious food from local restaurants, and a fun afternoon to connect with friends, family and neighbors. All proceeds for this event go to local beautification projects and community events. Now, Therefore Be It Resolved: That the Common Council hereby requests that the Department of Special Events waive the necessary fees associated with the South Park Italian Festival event; and Be It Further Resolved: That a copy of this Resolution be sent to the Department of Special Events., PASSED AYES 8, NOES 0 BY: MR. SCANLON NO. 142 WAIVE SPECIAL EVENT AND PERMIT FEES FOR SENECA NATION DAY IN SOUTH BUFFALO Date: 23 July 2013 Whereas: The Cazenovia Resource Center will be sponsoring Seneca Nation Day in South Buffalo at Cazenovia Park; and Whereas: The many contributions made to Buffalo and Western New York will be celebrated throughout the day and will feature exhibits, performances and native culture; and Whereas: Seneca Nation Day in South Buffalo will take place on Saturday, August 24, 2013 at Cazenovia Park; Now, Therefore Be It Resolved: That the Common Council of the City of Buffalo waives the special event application fee, park permit fee and Cazenovia Park Casino use fee associated with Seneca Nation Day in South Buffalo at Cazenovia Park on Saturday, August 24, 2013; and Be It Further Resolved: That copies of this resolution be sent to the Department of Public Works, Parks and Streets and the Special Events Committee. PASSED AYES 8, NOES 0 NO. 143 BY: MR. SMITH ORDINANCE AMENDMENT § 387 -6 - SPONSOR ACKNOWLEDGMENTS IN MARTIN LUTHER KING PARK The Common Council of the City of Buffalo does hereby ordain as follows: Section 1. Section 387 -6 of the Buffalo City Code is hereby amended to read as follows: Section 387 -6: A. Notwithstanding any other provision of the Code, no sign or advertising matter of any description, other than a sign regulating street traffic, shall hereafter be erected or placed on parkland or a public place dedicated for monument purposes and upon which a public monument has been erected. B. 1. Martin Luther King Park is a part of the City park system designed by Frederick Law Olmsted. The Olmsted park system is a historic cultural landscape for which the Common Council serves as trustee. It is a listed in the National Register of Historic Places as a landscape of national significance. It is a designated City landmark, all alterations to which are subject to review and approval by the city preservation board. Since 1871, in keeping with Frederick Law Olmsted's vision, the City of Buffalo has prohibited all signs and all advertising of every nature, including banners, in order to protect the public view of and enoyment of the naturalistic landscapes created by America's preeminent landscape designer. It is the purpose of the Common Council to maintain the integrity of this historic cultural landscape for the benefit of the people of the City of Buffalo. 2. The Olmsted Parks Conservancy is a not - for - profit corporation that manages the operations of the Buffalo Olmsted Parks pursuant to the terms of a management contract with the City of Buffalo and subject to the ordinances of the City. In order to further its corporate purpose the Buffalo Olmsted Parks Conservancy seeks to encourage private donations to make gifts designated for the operation, maintenance and improvement of the City's Olmsted Parks. This work is to the mutual benefit of the City and the Buffalo Olmsted Parks Conservancy. The Common Council seeks to encourage the Conservancy's work in promoting private giving for the betterment of the parks. As a part of this effort, the Buffalo Olmsted Parks Conservancy has proposed a donor sponsorship program for the Martin Luther King Park that includes placement of banners around the main water feature of the Martin Luther King Park, such banners to include an acknowledgment of the gifts of private donors for the support of maintenance and programming of Martin Luther King Park. 3. The Olmsted Parks Conservancy shall be permitted to place banners acknowledging such gifts around the Martin Luther King Park subject to the following conditions: a. that the design and placement shall be subject to review and approval of the Buffalo Preservation Board; b. that the Commissioner of Public Works, Parks and Streets shall establish rules, subject to the review and approval of the Common Council, for the location, construction, installation and maintenance of such signs; c. that such signs shall not contain any trademark, service mark or other advertising symbol: d. that such signs shall be not be permitted to become worn, tattered or unsightly; and d. that such signs shall be removed after three years of the their initial installation. §2. This Ordinance Amendment shall take effect immediately upon being duly ratified pursuant to §3 -19 of the City Charter. APPROVED AS TO FORM TIMOTHY A. BALL CORPORATION COUNSEL By: Alan P. Gerstman Asst. Corporation Counsel RECEIVED AND FILED BY: MR. SMITH AND MR. GOLOMBEK NO. 144 ORDINANCE AMENDMENT § 387 -6 - SPONSOR ACKNOWLEDGMENTS IN MARTIN LUTHER KING AND RIVERSIDE PARKS The Common Council of the City of Buffalo does hereby ordain as follows: Section 1. Section 387 -6 of the Buffalo City Code is hereby amended to read as follows: Section 387 -6: A. Notwithstanding any other provision of the Code, no sign or advertising matter of any description, other than a sign regulating street traffic, shall hereafter be erected or placed on parkland or a public place dedicated for monument purposes and upon which a public monument has been erected. B. 1. Martin Luther King and Riverside Parks are part of the City park system designed by Frederick Law Olmsted. The Olmsted park system is a historic cultural landscape for which the Common Council serves as trustee. It is a listed in the National Register of Historic Places as a landscape of national significance. It is a designated City landmark, all alterations to which are subject to review and approval by the city preservation board. Since 1871, in keeping with Frederick Law Olmsted's vision, the City of Buffalo has prohibited all signs and all advertising of every nature, including banners, in order to protect the public view of and enoyment of the naturalistic landscapes created by America's preeminent landscape designer. It is the purpose of the Common Council to maintain the integrity of this historic cultural landscape for the benefit of the people of the City of Buffalo. 2. The Olmsted Parks Conservancy is a not - for - profit corporation that manages the operations of the Buffalo Olmsted Parks pursuant to the terms of a management contract with the City of Buffalo and subject to the ordinances of the City. In order to further its corporate purpose the Buffalo Olmsted Parks Conservancy seeks to encourage private donations to make gifts designated for the operation, maintenance and improvement of the City's Olmsted Parks. This work is to the mutual benefit of the City and the Buffalo Olmsted Parks Conservancy. The Common Council seeks to encourage the Conservancy's work in promoting private giving for the betterment of the parks. As a part of this effort, the Buffalo Olmsted Parks Conservancy has proposed a donor sponsorship program for the Martin Luther King Park that includes placement of banners around the main water feature of the Martin Luther King Park, such banners to include an acknowledgment of the gifts of private donors for the support of maintenance and programming of Martin Luther King Park. 3. The Olmsted Parks Conservancy shall be permitted to place banners acknowledging such gifts around the Martin Luther King Park wading pool and along the outer perimeter of Riverside Park on Vulcan Street, Tonawanda Street, Crowley Avenue and Niagara Street, as well as along Hotaling Drive within Riverside Park, subject to the following conditions: a. that the placement of banners shall not block or detract from public view and enjoyment of the Olmsted designed vistas and perspectives of the parks; b. that the design and placement shall be subject to review and approval of the Buffalo Preservation Board; c. that the Commissioner of Public Works, Parks and Streets shall establish roles, subject to the review and approval of the Common Council, for the location, construction, installation and maintenance of such signs; d. that such signs shall not contain any trademark, service mark or other advertising symbol; e. that such signs shall be not be permitted to become worn, tattered or unsightly; f. that proceeds from such sponsorship banners shall be applied exclusively to the operation and maintenance of the park features for which sponsors donate funds; and e. that such sponsorship banners shall be removed after three years of the their initial installation. §2. This Ordinance Amendment shall take effect immediately upon being duly ratified pursuant to § 3 - 19 of the City Charter APPROVED AS TO FORM TIMOTHY A. BALL CORPORATION COUNSEL By: Alan P. Gerstman Asst. Corporation Counsel Underlined material is new. Material in brackets [ ] is repealed REFERRED TO THE COMMITTEE ON LEGISLATION NO. 145 BY: MR. SMITH TRAILBLAZING SIGN REQUEST FOR DEACON LEVI CLAYTON. Whereas: Trailblazing signs otherwise known as honoring street names; are generally assigned to honor and commemorate persons associated with the City of Buffalo; and Whereas: Deacon Levi Clayton was born October 28, 1918 in Adel, GA., the oldest of fourteen children born to George and Willa Clayton; and Whereas: He was educated in the school systems of Adel, GA. moving to Quitman, GA. and later to Valdosta, GA., where he accepted Jesus Christ as his Lord and Savior at the Hudson Street Baptist Church; and Whereas: He returned to Adel, GA. before moving to Perry, FL. to live with his father. He would go on to continue his education at Jenkins HS in Perry, FL. Before enlisting in the Army, he played semiprofessional baseball; and Whereas: Asa veteran of World War II, he served 4 years with the 98 Engineering division in the European Theatre. After receiving a honorable discharge, he moved to Buffalo, NY and married Arlene Dukes; and Whereas: He united with Friendship Baptist Church under the leadership of Rev. C.L. Franklin. He was raised to the office of Deacon by the late Rev. McNeely in 1952 and began to serve as Deacon Board Chairman for the next 50 years; and Whereas: Deacon Clayton and his wife, Arlene, filled their home with many beautiful foster children. Deacon Clayton was employed at Ford Stamping Plant in Woodlawn until his retirement in January 1979; and Whereas: Deacon Clayton made his transition into the arms of Jesus on Tuesday, April 9, Now, Therefore, Be It Resolved: That the Common Council of the City of Buffalo hereby approves the installation of a trailblazing sign at the comers of "Longview and E. Delavan Avenue" and proclaiming the area of Longview Avenue between E. Delavan and Northland "Deacon Levi Clayton Way" Be It Further Resolved: That the Department of Public Works is directed to erect a sign to this effect, one all fees associated with the posting of a Trailblazing Sign have been satisfied. PASSED AYES 8, NOES 0 NO. 146 BY: MR. D. SMITH TRAILBLAZING SIGN REQUEST FOR VERA MEDLEY FOSTER Whereas: Trailblazing signs, otherwise known as honorary street names, are generally assigned to honor and commemorate persons associated with the City of Buffalo; and Whereas: Vera Medley Foster was born in Helena, Ark. After the death of her parents at an early age, she went to live with her aunt and grandparents; and Whereas: In her teen years, she moved to Evanston to live with her uncle and attended Evanston Township High for a short time before returning to Helena, Ark. And later graduating from Eliza Miller High School; and Whereas: At age 21, she married Bernard (deceased) and moved to St. Louis, Missouri to work in the restaurant industry. She would later own a restaurant with her husband Bernard, called the "B &V Sandwich Shop "; and Whereas: 10 years later, she left St. Louis to visit her aunt and later met and married her second husband, Clinton Foster, and raised 3 children; and Whereas: At this time, she began her career as a licensed beautician, owning a salon for many years; and Whereas: She would serve as a President of the Fillmore Businessmen's Association, Director of Second Temple Missionary Baptist Church's food pantry. She would serve on the Board of Directors of the Boys and Girls Clubs of Buffalo, where she dedicated 32 years of involvement in raising funds for various improvements to the Masten Boys and Girls Club. Now, therefore be it resolved: That the Common Council of the City of Buffalo hereby approves the installation of a trailblazing sign at the comer of "Northland and Humboldt Parkway" and proclaiming the area of Northland between Jefferson and Humboldt Pkwy "Vera Medley Foster Way ". Be it finally resolved: That the Department of Public Works is direct to erect these signs to this effect, once all fees associated with the posting of a Trailblazing Sign have been satisfied. PASSED AYES 8, NOES 0 NO. 147 BY: MR. SMITH BOARD OF EDUCATION SIG GRANTS Whereas: The City of Buffalo allocates over half of it property tax dollars to the Board of Education; and Whereas: This City of Buffalo Common Council is concerned about the loss of SIG grants for the 2013 -2014 School year as well as the purchasing of services from BOCES; and Whereas: The City of Buffalo including the Common Council of the City of Buffalo continues to receive questions, comments and concerns regarding the current state of affairs of the Buffalo Board of Education; Now Therefore Be It Resolved: That this Common Council of the City of Buffalo request the courtesy of an official reply from State Education and Commissioner John King to why to the Buffalo Board of Education did not receive 2013 -2014 SIG funding, how and why the state mandated that the Board of Education to utilize BOCES for Vocational Education Services.; and Be It Further Resolved The Board of Education replies to the questions: Why did the Buffalo Board of Education not receive 2013 -2014 SIG funding? Can the district revamp or reestablish its own vocational program? How long is the district mandated to utilize BOCES for vocational training? What are the next steps for the District? Be It Finally Resolved: That the Common Council request a reply by Friday July 26 via e-mail or letter to be discussed at the next education meeting and copies of this resolution be transmitted to State Education, State Education Commissioner John King, NYS Assembly Member Crystal Peoples- Stokes, State Senator Timothy Kennedy, the Board of Education and Superintendent Brown. REFERRED TO THE SPECIAL COMMITTEE ON EDUCATION NO. 148 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. Sharon T. Martinez Eddie Neal, Jr. Total: 2 ADOPTED BY: DEMONEA SMITH NO. 149 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. Sandra Davis TOTAL:1 ADOPTED NO. 150 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 30, 2013 at 9:45 o'clock A.M. Committee on Finance following Civil Service Tuesday, July 30, 2013 at 10:00 o'clock A.M. Committee on Comm. Dev. Tuesday, July 30, 2013 at 1:00 o'clock P.M. Committee on Legislation Tuesday, July 30, 2013 at 2:00 o'clock P.M. Special Committees (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. 151 ADJOURNMENT On a motion by Mr. Smith, Seconded by Mr. Scanlon, the Council adjourned at 2:57 P.M. GERALD A. CHWALINSKI CITY CLERK