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Home My WebLink About13-0801ss (2)COMMON COUNCIL CITY HALL – BUFFALO SPECIAL SESSION August 1, 2013 At 11:30 A.M. Present: Richard A. Fontana President of the Council, and Council Members Franczyk, Rivera, Russell, Scanlon, Smith – 6 Absent Golombek, LoCurto, Pridgen - 3 NO. 1 CALL FOR SPECIAL SESSION Mr. Gerald A. Chwalinski City Clerk 1308 City Hall Buffalo, New York Dear Mr. Chwalinski: Pursuant to Section 3.9 of the Charter of the City of Buffalo, upon the written request of Five Councilmembers, dated July 30, 2013 presented to you herewith, I hereby call a Special Meeting of the Common Council to be held in the Council Chambers, City Hall, Buffalo, New York, on August 1, 2013 at 11:30 A.M. for the following purpose: To receive and take appropriate action on Waiver of Performance Bond Waive Fees "Burgard Barbeque Bash" 783 Niagara St. - Surface Parking Lot 162 Allen - Restaurant 244 Allen - Reopen Existing Restaurant, Encroachment on ROW Waive Fees - "Bullying Stops Here" event in Delaware Park Appoint Senior Legislative Assistant Commissioner of Deeds Sale of Fire Apparatus /vehicle Waive Fees- Martha Mitchell Comm Ctr National Night Out Yours very truly, Richard A. Fontana President of the Council July 30, 2013 Hon. Richard A. Fontana President Common Council 1315 City Hall Buffalo, New York Dear Sir: WE, the undersigned, members of the Common Council, hereby request that you call a Special Meeting of the Common Council, pursuant to Section 3.9 of the Charter of the City of Buffalo, for the following purpose: To receive and take appropriate action on Waiver of Performance Bond 783 Niagara St. - Surface Parking Lot 162 Allen - Restaurant 244 Allen - Reopen Existing Restaurant, Encroachment on ROW Waive Fees - "Bullying Stops Here" event in Delaware Park Appoint Senior Legislative Assistant Commissioner of Deeds Waive Fees " Burgard Barbeque Bash Sale of Fire Apparatus /vehicle Waive Fees - Martha Mitchell Comm Ctr National Night Out We request that this Special Meeting be held on August 1, 2013 at 11:30 A.M. Joseph Golombek Jr. Demone Smith Bonnie E. Russell SPECIAL SESSION August 1, 2013 AT 11:30 A.M. 1. Call for Special Session R &F 2. Wavier of Performance Bond APP 3. Sale of Fire Apparatus /Vehicle APP /COND 4. 783 Niagara St. – Surface Parking Lot APP 5. 162 Allen – Restaurant APP 6. 244 Allen – Reopen Existing Restaurant, Encroachment on ROW 7. Waive Fees – "Bullying Stops Here" event in Delaware Park APP 8. Appoint Senior Legislative Assistant ADOPT 9. Waive Fees – Martha Mitchell Comm Ctr – National Night Out APP 10. Waive Fees – "Burgard Barbeque Bash" APP 11. Commissioner of Deeds ADOPT 12. Adjourn R &F COMMON COUNCIL CITY HALL – BUFFALO SPECIAL SESSION August 1, 2013 At 11:30 A.M. Present: Richard A. Fontana President of the Council, and Council Members Franczyk, Rivera, Russell, Scanlon, Smith – 6 Absent Golombek, LoCurto, Pridgen - 3 NO. 1 CALL FOR SPECIAL SESSION Mr. Gerald A. Chwalinski City Clerk 1308 City Hall Buffalo, New York Dear Mr. Chwalinski: Pursuant to Section 3.9 of the Charter of the City of Buffalo, upon the written request of Five Councilmembers, dated July 30, 2013 presented to you herewith, I hereby call a Special Meeting of the Common Council to be held in the Council Chambers, City Hall, Buffalo, New York, on August 1, 2013 at 11:30 A.M. for the following purpose: To receive and take appropriate action on Waiver of Performance Bond Waive Fees "Burgard Barbeque Bash" 783 Niagara St. - Surface Parking Lot 162 Allen - Restaurant 244 Allen - Reopen Existing Restaurant, Encroachment on ROW Waive Fees - "Bullying Stops Here" event in Delaware Park Appoint Senior Legislative Assistant Commissioner of Deeds Sale of Fire Apparatus /vehicle Waive Fees- Martha Mitchell Comm Ctr National Night Out Yours very truly, Richard A. Fontana President of the Council July 30, 2013 Hon. Richard A. Fontana President Common Council 1315 City Hall Buffalo, New York Dear Sir: WE, the undersigned, members of the Common Council, hereby request that you call a Special Meeting of the Common Council, pursuant to Section 3.9 of the Charter of the City of Buffalo, for the following purpose: To receive and take appropriate action on Waiver of Performance Bond 783 Niagara St. - Surface Parking Lot 162 Allen - Restaurant 244 Allen - Reopen Existing Restaurant, Encroachment on ROW Waive Fees - "Bullying Stops Here" event in Delaware Park Appoint Senior Legislative Assistant Commissioner of Deeds Waive Fees " Burgard Barbeque Bash Sale of Fire Apparatus /vehicle Waive Fees - Martha Mitchell Comm Ctr National Night Out We request that this Special Meeting be held on August 1, 2013 at 11:30 A.M. Joseph Golombek Jr. Demone Smith Bonnie E. Russell David A. Rivera Darius G. Pridgen Pursuant to Rule 2 of the Rules of Order of the Common Council of the City of Buffalo, each of the following named members of the Common Council, to wit: DAVID FRANCZYK JOSEPH GOLOMBEK MICHAEL LOCURTO DARIUS G. PRIDGEN DAVID A. RIVERA BONNIE E. RUSSELL CHRISTOPHER SCANLON DEMONE SMITH hereby states that he /she received twenty -four (24) hours' notice of the time and purpose of the Special Meeting of the Common Council duly called to be held on August 1, 2013 at 11:30 A.M. Joseph Golombek Jr. Darius G. Pridgen Demone Smith David Franczyk Bonne E. Russell Christopher Scanlon David A. Rivera CM LoCurto Office notified STATE OF NEW YORK COUNTY OF ERIE) ss: CITY OF BUFFALO) On this 30th day of July 2013, before me, the subscribers, personally appeared To me known to be the same persons described in and who executed the foregoing instrument, and they duly and severally acknowledged to me that they executed the same. Gerald A. Chwalinski Commissioner of Deeds, in and for the City of Buffalo, N.Y. My Commission expires 12/31/14 July 30, 2013 TO EACH MEMBER OF THE COMMON COUNCIL: YOU ARE HEREBY NOTIFIED that, pursuant to Section 3.9 of the Charter of the City of Buffalo, upon the written request of Five Councilmembers, dated July 29, 2013, RICHARD A. FONTANA, President of the Common Council, has called a Special Meeting of the Common Council, to be held in the Council Chambers, City Hall, Buffalo, New York, on August 1, 2013 at 11:30 A.M. for the following purpose: To receive and take appropriate action on all items relating to Waiver of Performance Bond 783 Niagara St. - Surface parking lot 162 Allen - Restaurant 244 Allen - Reopen Existing Restaurant, Encroachment on ROW Waive Fees - "Bullying Stops Here" event in Delaware Park Appoint Senior Legislative Assistant Commissioner of Deeds Waive Fees "Burgard Barbeque Bash" Sale of Fire Apparatus /vehicle Waive Fees - Martha Mitchell Comm Ctr National Night Out Yours very truly, Gerald A. Chwalinski City Clerk NO. 2 WAIVER OF PERFORMANCE BOND The Division of Purchase hereby requests permission from your Honorable Body to waive the performance bond on the purchase of (30) 2014 Chevrolet Tahoe PPV vehicles for the Police department. Estimated contract price $840,000. Along with permission to waive the performance bond on (8)2014 Freightliner Single Axle Chasis with a contract price of $726,312, and (4) 2014 Tandem Axle Chasis for the Department of Public Work with a contract price of $379,796. The rationale for performance bond waiver: The vehicles are commercially available to police and public work departments through multiple dealerships There is very low risk of delivery to the scheduled delivery date There is the potential savings of $30,000 - $90,000 in the cost for the performance bond if waived by the Common Council. This savings can be passed along to the City of Buffalo in the form of a credit against the purchase order. If you have any questions or concerns, please contact William Sunderlin, Director of Purchasing at 851 -5695 Thank you in advance for you cooperation and expediency in addressing this matter WILLIAM L. SUNDERLIN, DIRECTOR OF PURCHASE Mr. Smith moved: That the above item be, and the above communication from the Division of Purchase, dated July 30, 2013, be received and filed; and That the Common Council hereby authorizes the Division of Purchase to waive the performance bond on the purchase of thirty (30) 2014 Chevy Tahoe PPV vehicles for the Police Department, eight (8) 2014 Freightliner Single Axle Chassis, and four (4) 2014 Tandem Axle Chassis for the Department of Public Works, Parks and Streets PASSED AYES 6, NOE 0 NO. 3 SALE OF FIRE APPARATUS/VEHICLE The Division of Purchase has received a request from the Department of Fire, Commissioner Whitfield (item #70 CCP July 9, 2013 Department of Fire) to consider an offer from a Buffalo Firefighter David F Kazmierczak to purchase an obsolete fire truck (FR- 3)1990 Pierce, (F -162) 1996 Chevy, and an old hose reel Both vehicle are currently in non- working condition and were slated for auction /scrap. Mr. Kazmierczak has offered the City $2,000.00 for FR -3, $200.00 for F -162 and $25.00 for the hose reel and wishes to restore these vehicles to be place in the Fire History Society. The Division of Purchase believes this is a fair value and is requesting permission from your Honorable Body to accept this offer. William L. Sunderlin, Director of Purchase Mr. Smith moved: That the above item be, and the above communication from the Director of Purchase, dated July 30, 2013, be received and filed; and That Division of Purchase is authorized to sell an obsolete fire truck (FR -3) 1990 Pierce, (F -162) 1996 Chevy, and an old hose reel to Buffalo Firefighter David F. Kazmierczak subject to the condition that (F -162) be sold at average market scrap value or $200.00, whichever is higher. PASSED AYES 6, NOES 0 NO. 4 R. KASPRZAK, AGENT, USE 783 NIAGARA, ERECT A SURFACE PARKING LOT ACCESSORY TO D'YOUVILLE COLLEGE (HRG 8 /1)(NIA) Mr. Smith moved: That the above item be, and the above communication from the Commissioner of Parking, be received and filed; and That pursuant to Section 511 -98 of the City of Buffalo Code, the Common Council hereby authorizes R. Kasprzak, Agent, to use 783 Niagara to erect a surface parking lot accessory to D'Youville College on a lot that spans R2 and R3 Zoning Districts. PASSED AYES 6, NOES 0 NO. 5 J. NASH, OWNER, USE 162 ALLEN FOR A RESTAURANT IN THE ALLEN STREET DISTRICT (HRG 7 /30)(FILL) (CCP #90, 7/23) Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Department of Permits and Inspection Services be received and filed; and That pursuant to Section 511 -55 of the City of Buffalo Code, the Common Council hereby approves the application of J. Nash, Owner, of 162 Allen, to reestablish a restricted restaurant use in the Allen Street District. PASSED AYES 6, NOE 0 NO. 6 244 ALLEN- REOPEN EXISTING RESTAURANT, ENCROACHMENT ON ROW (CCP #92, 7 /23)(FILL)(HRG 7/30) 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 23, 2013, be received and file; and That the Common Council hereby approves the application of E. Buscaglia, Agent, of 244 Allen, to reopen an existing sit -in restaurant and a sidewalk cafe that encroaches on the City's right -of -way PASSED AYES 6, NOES 0 NO. 7 SPONSOR: MICHAEL J. LOCURTO RE: WAIVING THE PERMIT FEES FOR "BULLYING STOPS HERE" EVENT IN DELAWARE PARK. Date: 7/30/13 Whereas, the Buffalo Public Schools and the Arlene Brunson Center for Children Against Drugs have been working on a yearlong program to stop bullying in schools; and, Whereas, a program called "Bullying Stops Here" will be held Friday, August 9 h in Delaware Park from 11:00 until 3:OOpm; and, Whereas, this program will include workshops, a fashion show, poetry performance, and rap performance that will all focus on stopping violence and bullying amongst the youth in our community ; and Whereas, over 100 members of our community are expected to attend this free event; and, Now, Therefore, Be it Resolved That: The Buffalo Common Council hereby waives the permit fees associated with the operation of this program in Delaware Park on August 9 th from 11:00 until 3:OOpm. Be It Further Resolved: That a copy of this resolution be sent to the Department of Parks and Recreation. PASSED AYES 6, NOES 0 NO. 8 SPONSOR: COUNCILMEMBER CHRISTOPHER P. SCANLON SENIOR LEGISLATIVE ASSISTANT APPOINTMENT WHEREAS: I am appointing Margaret M. Sperber, who resides at 84 Hansen Avenue, Buffalo, New York 14220 to Senior Legislative Assistant in the South District Council Office, and WHEREAS: Mrs. Sperber, who has worked as a Legislative Aide in my office since June 2012, has gone above and beyond the title of Legislative Aide in her day to day duties, and WHEREAS: Mrs. Sperber has displayed an overwhelming ability to handle the constituent caseload, office policy and workload as well as community relations, and Now, Therefore be it Resolved That: Margaret M. Sperber is hereby appointed to Senior Legislative Assistant in the Common Council's South District Office. ADOPTED NO. 9 By: UNIVERSITY DISTRICT COUNCILMEMBER BONNIE E. RUSSELL WAIVE PERMIT FEE CITY BANDSHELL APPLICATION FOR MARTHA MITCHELL COMMUNITY CTR. NATIONAL NIGHT OUT - AUGUST 6, 2013 DATE: WEDNESDAY, JULY 31 2013 Whereas: Martha Mitchell Community Center located at 175 Oakmont will host its annual National Night Out on Tuesday, August 6, 2013 in the University District. Whereas: Martha Mitchell will utilize the Bandshell from 12:00 pm until 8:00 pm on Tuesday, August 6, 2013. Now, Therefore, Be It Resolved: That the Common Council approves waiving the permit fee associated with this event; and Be It Further Resolved: That copies of this resolution has been sent to the Department of Public Works, Parks and Streets. PASSED AYES 6, NOES 0 NO. 10 SPONSOR: DEMONE SMITH SUBJECT: WAIVE ALL FEES ASSOCIATED WITH" BURGARD BARBEQUE BASH" 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 regulate under the provisions of various chapters of the code; and WHEREAS: " Burgard Barbeque Bash is an annual event which will be hosted in the City of Buffalo's LaSalle Park on August 3, 2013; and WHEREAS: This event will be a reunion picnic of the graduating classes of Burgard Vocational High and their families; and NOW THEREFORE, BE IT RESOLVED: That the Common Council of the City of Buffalo waives the Park Permit and all other fees associated with this event, BE IT FURTHER RESOLVED: That the City Clerk forwards a copy of this resolution to the Commissioner of the Department of Public Works Parks and Street PASSED AYES 6, NOES 0 NO. 11 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. Tasha D. Collier Richard Fulinara Jennifer L. Jacobs Craig Leone Jason Mayhook Erin M. McCarthy Abigail Rodriguez Judith M, Walker Sandra Zachery Total: 9 ADOPDTED NO. 12 ADJOURNMENT On a motion by Councilmember Smith, Seconded by Mrs. Russell adjourned at 11:55 am. GERALD A. CHWALINSKI CITY CLERK