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Home My WebLink About14-0610NO. 12 PROCEEDINGS OF THE CITY OF BUFFALO JUNE 10, 2014 MAYOR Hon. Byron W. Brown COMPTROLLER Mark J. F. Schroeder COMMON COUNCIL PRESIDENT OF THE COUNCIL ELLICOTT DISTRICT DARIUS G. PRIDGEN PRESIDENT PRO TEMPORE NIAGARA DISTRICT DAVID A. RIVERA MAJORITY LEADER MASTEN DISTRICT DEMONE A. SMITH DISTRICT COUNCIL MEMBERS RICHARD A. FONTANA - LOVEJOY DAVID A FRANCZYK - FILLMORE JOSEPH GOLOMBEK JR. — NORTH MICHAEL J. LO CURTO — DELAWARE RASHEED N.C. WYATT- UNIVERSITY CHRISTOPHER P. SCANLON -SOUTH REGULAR COMMITTEES CIVIL SERVICE COMMITTEE: Rasheed N.C. Wyatt - Chairman, Richard A. Fontana, David A. Rivera, Demone A. Smith- Members CLAIMS COMMITTEE: David A. Rivera Chairman, Joseph Golombek, Jr., Michael J. LoCurto, Rasheed N.C. Wyatt - Members COMMUNITY DEVELOPMENT COMMITTEE: Joseph Golombek, Jr., Michael J. LoCurto, David A. Rivera, -, Christopher P. Scanlon, Rasheed N.C. Wyatt - Members FINANCE COMMITTEE: Richard A. Fontana, Chairman, Michael J. LoCurto, David A. Rivera, , Demone A. Smith, Rasheed N.C. Wyatt- Members. LEGISLATION COMMITTEE: Christopher P. Scanlon, Chairman, David A. Franczyk, Joseph Golombek, Jr., David A. Rivera, Demone A. Smith, - Members. RULES COMMITTEE: Darius G. Pridgen, Chairman, David A. Rivera, Demone A. Smith - Members SPECIAL COMMITTEES BUDGET COMMITTEE: Demone A. Smith, Chairman, Joseph Golombek, Jr., David A. Rivera, Christopher P. Scanlon, - Members EDUCATION COMMITTEE: Demone Smith, Chairman, Joseph Golombek, Jr., , Christopher P. Scanlon, Rasheed N.C. Wyatt- Members MINORITY BUSINESS ENTERPRISE COMMITTEE: Demone Smith Chairman, Joseph Golombek Jr., David A. Rivera, Rasheed N.C. Wyatt— Members POLICE OVERSIGHT: Joseph Golombek, Jr., Chairman, David A Franczyk, David A. Rivera, Christopher P. Scanlon — Members PUBLIC TRANSPORTATION: Chairman, Christopher P. Scanlon, David A. Franczyk, Michael J. LoCurto, David A. Rivera, - Members WATERFRONT DEVELOPMENT COMMITTEE: Chairman, Christopher P. Scanlon, David A. Franczyk, Joseph Golombek, Jr., Demone A. Smith - Members INVOCATION PLEDGE TO FLAG DATE June 10, 2014 FINAL MAYOR MAYOR - EXECUTIVE 1211 -1. Cit Serv- Impact Volunteering Fund -Grant Recipient APP 1212 -2. Cit Sery - Submission of Monthly Report-May 2014 R &F 1213 -3. Strat Plan -Grant Disbursement Agmt With Empire State Dev Corp - Restore III Renovations Curtiss Bldg APP COMPTROLLER 1214 -4. Certificate of Necessity - Common Council R &F 1215 -5. Interfund Cash Loan APP 1216 -6. Interfund Cash Loan - Dudley Library APP 1217 -7. Report on CDBG Funds as of May 31, 2014 CD,ST PLAN PUBLIC WORKS 1218 -8. Change in Contract -City Court Women's Holding Center(Ell) APP 1219 -9. Change in Contract- Removal & Recycling Services Fluorescent Bulbs APP 1220 -10. Correction to Report Bids -OFWCC -Public Improvements Project APP 1221 -11. Forest Lawn Cemetery Cable W /in City ROW -1411 Delaware(Del) APP 1222 -12. Permission to Enter Agmt Republic Services - Compactor Hauling & Disposal of Garbage -Coca Cola Field APP 1223 -13. Permission to Hire Consultant Community Centers - Various ADA Requirements _APP 1224 -14. Permission to Hire Eng Consultant & Enter Agmt for Construction, Administration and Inspection of Niagara St Gateway Project APP 1225 -14A. Report of Bids -City -Wide Curb & Sidewalk Replacement 2014 APP 1226 -14B. Report of Bids -Group #760C Curb & Sidewalk Yr 38 CDBG Funded APP 1227 -14C. Report of Bids -Group #760D Curb & Sidewalk Yr38 CDBG Funded APP 1228 -14D. Report of Bids -Group #774A Curb & Sidewalk Yr39 CDBG Funded APP 1229 -14E. Report of Bids - Kenmore Ave Resurf & Rehab, Group 793B APP 1230 -15. Report of Bids - Engine 3 HVAC Upgrades(Fill) APP 1231 -15A. Report of Bid - Waterline Improvements APP POLICE 1232 -15B. Approval to Purchase New Police Vehicles FIN CORPORATION COUNSEL 1233 -15C. City Owned Waterfront Elem Sch 95 Fourth St- Authorization Sought for City To Execute "Declaration of Covenants and Restrictions" for NYSDEC APP PERMITS AND INSPECTIONS 1234 -16. Food Store License New -285 Grant aka 289(Nia) APP 1235 -17. Appoint Associate Account Clerk(Perm)(Max)(Thomas) CS ADMINISTRATION AND FINANCE 1236 -17A. Request for Proposal Armored Car Service APP PARKING 1237 -18. Transfer of Two Vehicles from Dart St to PAL -2010 Chrysler and 2008 Chevy APP CITY CLERK 1238 -19. Liquor License Applications R &F 1239 -19B. Items Returned to City Clerk By Mayor Without Approval or Disapproval(C.C.P. 5/27/2014, # 1186, 1189, 1192, 1193, 1194, 1195 ,1196,1197,1203,1204,1206,1209 R &F 1240 -20. Leaves of Absence R &F 1241 -21. Reports of Attendance R &F 1242 -22. Notices of Appointments - Council Interns ADOPT 1243 -23. Notices of Appointments- Mayors Program R &F 1244 -24. Notices of Appointment- Seasonal R &F 1245 -25. Notices of Appointments- Temp/Prov/Perm CS MISCELLANEOUS 1246 -26. D. Bastian - Article -Lyft defies New Mexico Order to Stop Operating CD,TAXI 1247 -26A. N. Hare- Education Forum Series ED 1248 -26B. N. Hare - Testimony Comm Action Org of EC Spec Comm on Ed ED 1249 -27. B. Licata - Article -State Legislation Would Help Police Agencies Improve Their Operations POL O/S 1250 -27A. D. Pridgen -R. Murray -EC Industrial Dev Agency Curtiss Bflo Inc. Lead Agency Designation for SEQRA Review APP 1251 -27B. D. Rivera - Article -Green Infrastructure to Mitigate Pollution CD 1252 -27C. D. Smith- E.Waight- Appealing Decision to Remove Siding from 30 Pleasant LEG 1253 -28. A. Trusso- Request Parking Meters on North Btwn Delaware and Elmwood CD,PKG 1254 -29. P. Weberg, PE -FEMA Updating Flood Maps R &F 1255 -30. B. Yunke -City of Austin - Rideshare Drivers Cited CD,TAXI PFTTTTClN4 1256 -31. J. Molek, Agent, Use 1435 Hertel to Erect an Open Balcony for Sit in Restaurant Which Projects on the City ROW(hrg 6 /17)(Del) LEG,CPBD 1257 -32. B. Latt, Owner, Use 116 Lafayette to Alter Existing One Family Dwelling to 1269- 5. Include a Residential Beauty Parlor(hrg 6 /17)(Nia) LEG,CPBD 1258 -33. S. Mucino, Agent, Use 765 Elmwood for an Outdoor Patio on 14 -1026 No City ROW in the Elmwood Ave Business District(hrg 06 /17)(Del) LEG,CPBD 1259 -34. B. Siegel, Agent, Use 153 Elmwood for Alterations and Renovations to a Sit in 1271-7. Restaurant& Patio in the Elmwood Business District(hrg 6 /17)(Fill) LEG,CPBD 1260 -35. I Karanovic, Owner, Use 1941 Clinton St for a Used Appliance Store 14 -1125 Com In the Clinton St Special District(hrg 6 /17)(Lov) LEG,CPBD 1261 -36. E. Buscaglis, Owner, Use 244 Allen for Expansion of Existing Bar/Restaurant May 27 In the Allen St Special District(hrg 6 /17)(Fill) LEG,CPBD 1262 -37. S. Testa, Owner, Use 1200 Hertel to Reestablish a Restaurant With an 1275 -11. Outdoor Caf6 in the Hertel Ave Special District(hrg 06 /17)(Del) LEG,CPBD 1263 -38. J. Jarnot, Agent, Use 1400 Bailey for a LED Pole Sign(no hrg)(Lov) LEG,CPBD 1264 -39. LoCurto- Petition T. Elsinghorst & O- Preserve The Historic Pan American 1277 -13. Exhibition Era PKG,ZONING RESOLUTIONS 14 -1132 Com 1304 -40. Fontana Naming of Scheu Park Green Space 1279 -15. "Mary Jean Sloan Park" ADOPT RES' S REM TO LEG 1305 -41. Fontana Transfer in Funds - Common Council APP 1306 -42. Fontana Waiver of Disposal Fees for F/Y 2014 -15 APP 1307 -43. Franczyk,etc Waive Special Event Fee for Annual Blues Bash APP 1308 -43A. Golombek Move School Board Elections to November ADOPT 1309 -44. Golombek Waive Bandshell Permit Fees for Discover Amherst St APP 1310 -45. Golombek Waive Special Event Application Fee for Garden Walk APP 1311 -46. LoCurto Req Perm to Conduct Greater Buffalo Italian Festival R &F 1312 -47. LoCurto Waive Permit Fees - Dolphin Dash in Delaware Park APP 1313 -48. LoCurto Waive Permit Fees - Parkside Summer Arts Program APP 1314 -49. Pridgen,etc Review of the 2006 Police Incident at a Special Session ADOPT 1315 -49A. Rivera Waiver of Field Fee for BIREC World Refugee Day Soccer Tournament APP 1316 -50. Smith Waive Park Rental & Band Shell Wagon Fees - Masten Jazz Festival, etc APP 1317 -51. Smith Waive Park Rental & Event Fees for Jefferson Arts Festival APP 1318 -52. Wyatt Proposed Amendments to Ordinances Re Fire Safety LEG 1319 -52A Smith HR Req to Pass Assembly Bill- "Amend the V &T Law in Relation to COB to Adjudicate Traffic Violations" ADOPT 1320 -52B Smith HR Req to Pass Senate Bill- "Amend V &T Law in Relation To COB to Adjudicate Traffic Violations" ADOPT 1321 -52C. Wyatt UDCDA Appl to NYS Off of Comm Renewal NY Main St Technical Assist Program ADOPT 1322 -53. Wyatt Comm of Deeds Public Duties ADOPT 1322 -54. Wyatt Comm of Deeds ADOPT SUBMISSION LIST OF COMMITTEE ITEMS FOR THE COUNCIL MEETINGS CTV f . 4FR VWF 1265 -1. 14 -1098 Com May 27 1266 -2. 14 -1137 Com May 27 FINANCE 1267- 3. 14 -1127 Com May 27 COMMUNITY DEVELOPMENT 1268 -4. 14 -1096 Com May 27 1269- 5. 14 -1154 No May 27 1270- 6. 14 -1026 No May 13 LEGISLATION 1271-7. 14-1124 Com May 27 1272- 8. 14 -1125 Com May 27 1273- 9. 14 -1126 Com May 27 1274 -10. 14 -1128 Com May 27 1275 -11. 14 -1129 Com May 27 1276 -12. 14 -1130 Com May 27 1277 -13. 14 -1131 Com May 27 1278 -14. 14 -1132 Com May 27 1279 -15. 14 -1133 Com May 27 1280 -16. 14 -1146 No May 27 Appoint Senior Administrative Assistant(Perm)(Inter) (Cash)(Strat Plan) APP Notices of Appointments- Temp/Prov/Perm(Cty Clk) R &F New Truck Purchase -FFV Ford- 250(Pkg) APP Report of Sale -19 & 29 Brewster & 89 Jewett(Mas)(Strat Plan) APP R. Jackson & O- Support Saving Fruit Belt History LEG S. Barlow -Info Parent Network of WNY ED Used Car Dealer -321 Hampshire(Nia)(EDPI) APP /COND Used Car Dealer -303 Hopkins(South)(EDPI) RECOMMIT Used Car Dealer -2214 Genesee(Lov)(EDPI) APP /COND Application for Restricted Use Permit 75 W. Chippewa 6 /6 /14(CtyClk)_APP Application for Restricted Use Permit 75 W. Chippewa 6 /20 /14(CtyClk)_APP Application for Restricted Use Permit 69 W. Chippewa 6 /19 /14(CtyClk) APP Application for Restricted Use Permit 69 W. Chippewa 6 /26 /14(CtyClk) APP Application for Restricted Use Permit 69 W. Chippewa 7 /10 /14(CtyClk) APP Application for Restricted Use Permit 69 W. Chippewa 7 /24 /14(CtyClk) APP S. Kroll-State Leg Resolution- Support CC Plan to Protect Property Owners CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO TUESDAY JUNE 10, 2014 AT 2:00 P.M. Present — Darius G. Pridgen, President of the Council, and Councilmembers: Fontana, Franczyk, Golombek, LoCurto, Rivera, Scanlon, Smith, Wyatt - 9 Absent - -None 0 On a motion by Mr. Smith, Seconded by Mr. Rivera, the minutes of the stated meeting held on May 27, 2014 were approved FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE OFFICE OF CITIZEN SERVICES NO. 1211 IMPACT VOLUNTEERING FUND — GRANT RECIPIENT The Division of Citizen Services, under the Office of the Mayor, is respectfully requesting that the Mayor be authorized to enter into an Agreement with and to accept $25,000 in funding from January 2014 for the period lasting until December 2014. These funds have been designated to fund mini - grants to support and complete beautification projects in the Broadway - Fillmore area within the city of Buffalo. An interfund cash loan will not be required since The Cities of Services Coalition will be issuing a check "upfront" to the City of Buffalo in order to fulfill the obligations under this initiative Impact Volunteering Fund - Grant Recipient (Citizen Srvs) Mr. Smith moved: That the above item be, and the above communication from the Director of Citizen Services, dated June 4, 2014, be received and filed; and That the Common Council hereby authorizes the Mayor to enter into an agreement with Beautify Buffalo, and to accept $25,000.00 in funding from January, 2014 to December, 2014. These funds have been designated to fund mini - grants to support and complete beautification projects in the Broadway - Fillmore area in the City of Buffalo. PASSED AYES 9, NOES 0 NO. 1212 SUBMISSION OF MONTHLY REPORT FOR MAY 2014 The Office of the Mayor, Division of Citizen Services, hereby submits, for your Honorable Body's review and approval, the monthly reports for the Mayor's Call and Resolution Center for May 2014, as mandated by Section 6 -20(c) of the City of Buffalo's City Charter. This monthly statistical report details the number and nature of inquiries, requests and complaints received. Citizen services RECEIVED AND FILED of the Fruit Belt from Rising Costs of Property Taxes R &F 1281 -17. 14 -1147 No May 27 NYSDEC -Env Cleanup Activities Complete -858 E. Ferry(Mas) R &F 1282 -18. 14 -1151 No May 27 D. Smith - Research on E.- Cigarettes R &F 1283 -19. 14 -1153 No May 27 T. Briatico, RA, Agent, Use 1064 Sycamore for a Vestibule & Stairs in the City ROW(no hrg)(Fill) RECOMMIT 1284 -20. 14 -1199 Res May 27 Ordinance Amendment -Ch 78 Animals Feral Cats(Pridgen) APP 1285-21. 14 -1180 No May 27 J. Popiela, Agent, Use 2300 Delaware to Erect a Free Standing Pole- Sign(North)(no hrg)( #14- 1040,5 /13) RECOMMIT 1286-22. 14 -975 Com May 13 Application for Landmark Status High St Historic District(195,204,225 High)(Pres Bd)(Pub Hrg 06/03) RECOMMIT 1287 -23. 14 -788 Com Apr 15 Food Store(New) -1618 Main St(Ell)(EDPI) APP 1288 -24. 14 -561 Com Mar 18 Food Store(New) 516 Abbott(South)(EDPI) APP 1289 -25. 14 -563 Com Mar 18 Food Store(New) 272 Georgia(Fill)(EDPI) APP /COND 1290 -26. 13 -50 No Dec 10 D. Pridgen -Feral and Community Cat Regulation R &F 1291 -27. 13 -32 No Nov 12 T. Peirce, Owner, Use 3223 Bailey for a Used Car Dealer in the Kensington Special District(hrg 11 /I9)(Univ) APP SPECIAL COMMITTEES POLICE OVER SIGHT 1292 -28. No 39 Dec 13 J. Mascia -Joint Comm to Examine Police reorg Quarterly Report R &F 1293 -29. No 40 Dec 13 J. Mascia -Mngt Studies and Audit for the 21 Century R &F 1294- 30. No 41 Dec 13 J. Mascia - Professional Police Services in the 21 Century R &F 1295- 31. No 42 Dec 13 J. Masciz - Technical Assistance Report-Bflo Police Dept Revisited R &F 1296- 32. No 26 Nov 15 R. Fontana - Article Bflo Teen Accused in Cktg Burglaries R &F 1297- 33. No 40 Nov 1 S. Berhash - Complaint Moving Violation R &F 1298- 34. Com 13 Oct 4 Response Police Dept- Request for Info on Behalf of Council Police Reorg Comm R &F 1299- 35. No 56 April 5 J. Mascia -Joint Comm Bflo Police Reorg Quarterly Report R &F 1300- 36. Res 100 Feb 22 Fugitive Safe Surrender R &F 1301 -37. No 41 Jan 11 Cell Block Agreement With Erie County (Compt)( #12,11/16) R &F 1302- 38. No 57 April 27 M. Kearns -J. O'Donnell-Letter Requesting Deputy Police Comm Position R &F 1303- 39. Com 25 Mar 31 Drug Asset Forfeiture Wire Transfers (Pol) R &F CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO TUESDAY JUNE 10, 2014 AT 2:00 P.M. Present — Darius G. Pridgen, President of the Council, and Councilmembers: Fontana, Franczyk, Golombek, LoCurto, Rivera, Scanlon, Smith, Wyatt - 9 Absent - -None 0 On a motion by Mr. Smith, Seconded by Mr. Rivera, the minutes of the stated meeting held on May 27, 2014 were approved FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE OFFICE OF CITIZEN SERVICES NO. 1211 IMPACT VOLUNTEERING FUND — GRANT RECIPIENT The Division of Citizen Services, under the Office of the Mayor, is respectfully requesting that the Mayor be authorized to enter into an Agreement with and to accept $25,000 in funding from January 2014 for the period lasting until December 2014. These funds have been designated to fund mini - grants to support and complete beautification projects in the Broadway - Fillmore area within the city of Buffalo. An interfund cash loan will not be required since The Cities of Services Coalition will be issuing a check "upfront" to the City of Buffalo in order to fulfill the obligations under this initiative Impact Volunteering Fund - Grant Recipient (Citizen Srvs) Mr. Smith moved: That the above item be, and the above communication from the Director of Citizen Services, dated June 4, 2014, be received and filed; and That the Common Council hereby authorizes the Mayor to enter into an agreement with Beautify Buffalo, and to accept $25,000.00 in funding from January, 2014 to December, 2014. These funds have been designated to fund mini - grants to support and complete beautification projects in the Broadway - Fillmore area in the City of Buffalo. PASSED AYES 9, NOES 0 NO. 1212 SUBMISSION OF MONTHLY REPORT FOR MAY 2014 The Office of the Mayor, Division of Citizen Services, hereby submits, for your Honorable Body's review and approval, the monthly reports for the Mayor's Call and Resolution Center for May 2014, as mandated by Section 6 -20(c) of the City of Buffalo's City Charter. This monthly statistical report details the number and nature of inquiries, requests and complaints received. Citizen services RECEIVED AND FILED FROM THE OFFICE OF STRATEGIC PLANNING NO. 1213 GRANT DISBURSEMENT AGREEMENT WITH THE EMPIRE STATE DEVELOPMENT CORPORATION FOR $1,350,000 BUFFALO - RESTORE III- COMMERCIAL & MIXED -USE URBAN CENTER GRANT (W 896) FOR RENOVATIONS OF THE CURTISS BUILDING ON FRANKLIN STREET INTO A BOUTIQE HOTEL, DINING, AND LIMITED RESIDENTIAL USE FACILITY. PRIOR COUNCL REFERENCE: Item No.90, C.C.P. 11/10/09 In September, 2009, The City of Buffalo received a $14.32 million Restore III award, including $7,635,526 for the demolition and site clearing of up to 472 single - family homes and 5 commercial structures and $6,684,474 for commercial and mixed -use urban center rehabilitation ( "Commercial ") projects. This request is for utilization and disbursement of $1,350,000 of the commercial allocation for the Curtiss Building renovation. The $18.2 million Curtiss Building renovation project includes: property acquisition; complete rehabilitation of the 57,560 square -foot Curtiss Building; asbestos abatement and removal; demolition of the adjacent noncontributing dilapidated 11,615 square -foot Continental Building; construction of an 11,000- square foot addition to house the hotel entranceway and banquet facility kitchen; and infrastructure improvements necessary to convert the vacant property into a sixty -seven room high -end hotel, with dining and limited residential space. The beneficiary for this ESDC Restore III Grant is the Baja Beach Club, Inc., and /or Curtis Buffalo, Inc.(or any other entity to be designated by developer Mark Croce). The estimated date of completion for the project is December, 2015. 1 am recommending that Your Honorable Body authorize the City to contract with the Empire State Development Corporation for the $1,350,000 Buffalo Restore III - Commercial & Mixed -Use Urban Center Grant (W896) to benefit the Curtiss Building renovations. The Office of Strategic Planning respectfully requests that your Honorable Body hereby: 1. Ratify and confirm the prior application materials submitted to obtain the above referenced grant funding commitment 2. Authorize the Mayor or his designee to execute the necessary grant funding agreements ( in substantially the form attached hereto) and related documentation as shall be required or useful in facilitating the City of Buffalo's receipt and utilization of the grant funding, and 3. Authorize the Mayor and other City personnel to take all other steps and to enter into and execute such agreements and such further related project documentation and arrangements as are appropriate and /or necessary to facilitate and implement the City's receipt, utilization, and disbursement of the grant funding, as well as all related reporting, monitoring, and follow -up functions associated with the grant funding. Mr. Smith moved: That the above item be, and the same hereby is, returned to the Common Council with a recommendation for approval; That the Common Council hereby authorizes the City of Buffalo to enter into an agreement with the Empire State Development Corporation for $1,350,000.00 for Buffalo - Restore III - Commercial & Mixed -Use Urban Center Grant (W896) to benefit the Curtiss Building renovations; and That the Common Council hereby ratifies and confirms the prior application materials submitted to obtain the grant funding commitment; and that the Common Council hereby authorizes the Mayor or his designee to execute the necessary grant funding agreements and related documentation as shall be required or useful in facilitating the City of Buffalo's receipt and utilization of the grant funding; and that the Common Council hereby authorizes the Mayor and other City personnel to take all other steps and to enter into and execute such agreements and such further related project documentation and arrangements as are appropriate and /or necessary to facilitate and implement the City's receipt, utilization, and disbursement of the grant funding, as well as all related reporting, monitoring, and follow -up functions associated with the grant funding. PASSED AYES 9, NOES 0 FROM THE COMPTROLLER NO. 1214 CERTIFICATE OF NECESSITY - COMMON COUNCIL Transfer of Funds 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 $ 62,962.00 be transferred and reappropriated as set forth below: From: 10102001 - 411001 Legislative Salary $ 30,000.00 10102001- 415001 Legislative Auto Allowance $ 100.00 10102003 - 441004 Legislative Telephone $ 800.00 10102004 - 458001 Legislative Transportation $ 1,500.00 10102004 - 458002 Legislative Meals $ 600.00 10102004 - 458003 Legislative Registration $ 1,650.00 10102005 - 461002 Legislative Contract Vendor $ 10,000.00 10102005 - 466000 Legislative Building Supplies $ 1,800.00 10102006 - 442000 Legislative Cleaning Services $ 5,500.00 10102006 - 443301 Legislative Machinery $ 2,000.00 10102006 - 443400 Legislative Maintenance $ 1,012.00 10102006 - 444101 Legislative Rental $ 1,000.00 10102006 - 444201 Legislative Rental of Equipment $ 2,000.00 10102006 - 455000 Legislative Printing $ 1,500.00 10102006 - 455100 Legislative Internal Print Shop $ 2,500.00 10102006 - 480000 Legislative Other Services $ 1,000.00 To: 10220006 - 434004 Common Council Neighborhood Initiatives $ 62,962.00 RECEIVED AND FILED NO. 1215 INTERFUND CASH LOAN Certain Federal and State aided programs require a cash advance until the program is operating and reimbursement is received. I have reviewed the program listed below and determined the cash needs to be warranted. I have approved an interfund cash loan to be made in the maximum amount of $200,000.00 as needed subject to your approval. Loan is payable at date of reimbursement. FROM: 1000 - General Fund TO: 3216 - Bridge Painting Project Grant Title: Bridge Painting Project BINS 2260460, 2260690 and 2043900 GRANT AGENCY: New York State Department of Transportation GRANT AMOUNT: $524,000.00 LOAN AMOUNT: Maximum of $200,000.00 Estimated Date of Repayment: September 30, 2014 Mr. Smith moved: That the above item be, and the above communication from the Department of Audit and Control /Comptroller, dated June 4, 2014, be received and filed; and That the Common Council hereby approves an interfund cash loan in the amount of $200,000.00 for the Bridge Painting Project, BINS 2260460, 2260690 and 2043900 from the New York State Department of Transportation. The loan is payable at the date of disbursement. PASSED AYES 9, NOES 0 NO. 1216 INTERFUND CASH LOAN - DUDLEY LIBRARY As part of the policy set forth in the Comptroller's Estimate & Report, we will only issue debt for Capital Improvement Budget projects that are ready to begin expending funds. In order to fund projects that become shovel -ready before the next capital debt issuance, the City can utilize interfund loans. The Administration has requested that you approve an interfund cash loan from the General Fund to the City's Capital Projects Fund in the amount of $300,000 against the 2013 City Capital Improvements Budget for the Library Improvements. The loan of $300,000 will be repaid when BANs or Bonds are issued in Fiscal year 2014 -15. From To Account Repayment Date Total General Fund Capital Projects - Library 38329206 April 2015 $300,000 Improvements - Various 13 Pursuant to the City's Capital Budget /Debt Management Policy, the City intends to issue Bonds or BANs for City Projects during the 2014 -15 Fiscal Year. The remaining 2013 and 2014 Capital Budget Projects, which were not funded in the April 2014 Bond /BAN sale, that can be interfund loaned and included in the 2014 -2015 debt issue will be limited to $10,094,717. Currently, there are two City project with an interfund loan amount of $870,467 outstanding. If this current request is approved, the City will be committed to $1,170,467' in projects. 2013 Capital Budget $ 21,801,885.00 Bonds /BAN's Issued (18,549,168.00) Authorized but Unissued Projects 3,252,717.00 Approved Interfund Loan - Hatch Restaurant Additions (470, 467.00) Approved Interfund Loan - Police Precinct Renovations (400,000.00) Requested Interfund Loan - Library Improvements (300,000.00) 2013 Unfunded Projects $ 2,082,250 00 2014 Capital Budget $ 22,900,000.00 Bonds /BAN's Issued (16,058,000.00) Authorized but Unissued Projects $ 6,842,000.00 'Please be advised that once an interfund loan has been approved, the City is committed to the total cost of the project regardless of the amount advanced. Mr. Smith moved: That the above item be, and the above communication from the Department of Audit and Control /Comptroller, dated June 5, 2014, be received and filed; and That the Common Council hereby approves an interfund cash loan from the General Fund to the City's Capital Projects Fund in the amount of $300,000.00 against the 2013 City Capital Improvements Budget for the Dudley Library Improvements. The loan will be repaid when BANs or Bonds are issued in Fiscal Year 2014 -15. PASSED AYES 9, NOES 0 NO. 1217 REPORT ON COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS AS OF MAY 31, 2014 Attached please find an informational report on the disbursement of Community Development Block Grants (CDBG) as of May 31, 2014. This document is an update to the report filed with the Common Council on April 21, 2014. The report shows that the City needs to spend more than $12.5 million in CDBG funds before August 1, 2014 in order to comply with United States Department of Housing and Urban Development (HUD) guidelines. It also shows that the City has more than $31 million in unspent CDBG funds, representing more than two years' worth of expenditures. Out of all the municipalities in the nation that receive more than $5 million in CDBG funds, the City ranks 68 out of 68 in its ability to spend CDBG funds. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT AND OFFICE OF STRATEGIC PLANNING FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO. 1218 CHANGE IN CONTRACT #93001281 CITY COURT WOMEN'S HOLDING CENTER ELLICOTT DISTRICT I hereby submit to Your Honorable Body the following change for the City Court, Women's Holding Center, Kideney Architects, C #93001281. 1) This change is for the inspection of asbestos throughout the planned demolition area $4,070.00. 2) Inclusion of asbestos abatement report in the construction documents $2,035.00. The foregoing change results in a net increase in the contract of Six Thousand One Hundred Five Dollars and 00/100 ($6,105.00). Summary: Contract Amount $110,090.00 Amount of this Change Order $ 6,105.00 Revised Contract Amount $116,195.00 Costs have been reviewed by the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in 34323006 - 445100 — buildings. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works Parks and Streets, dated June 2, 2014, be received and filed; and That the Commissioner of the Department of Public Works, Parks and Streets, be, and he hereby is authorized to execute Change Order #1 in the amount of $6,105.00 (Original Contract Amount $110,090.00 + Change Order #1 $6,105.00.00 for a Revised Contract Amount of $116,195.00) for the City Court, Women's Holding Center, to Kideney Architects, C #93001281. Funding is available in Account #34323006 - 45100 — Buildings PASSED AYES 9, NOES 0 NO. 1219 CHANGE IN CONTRACT #93001303 REMOVAL & RECYCLING SERVICES OF FLUORESCENT BULBS I hereby submit to Your Honorable Body the following change for Removal & Recycling Services of Fluorescent Bulbs, American Lamp Recycling, C #93001303. 1) This change includes the Removal and Recycling of additional Add $ 196.46 Fluorescent bulbs then was originally estimated. The foregoing change results in a net increase in the contract of One Hundred Ninety Six Dollars and 46/100 ($196.46). Summary: Original Contract Amount $ 2,800.00 Amount of this Change Order ( #1) $ 196.46 Revised Contract Amount $ 2,996.46 Costs have been reviewed by the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in 13296006 480000 — Buildings. Mr. Smith moved: That the above item be, mad the above communication from the Commissioner of the Department of Public Works Parks and Streets, dated June 4, 2014, be received and filed; and That the Commissioner of the Department of Public Works, Parks and Streets, be, and he hereby is authorized to execute Change Order #1 in the amount of $196.46 (Original Contract Amount $2,800.00 + Change Order #1 $196.46 for a Revised Contract Amount of $2,996.46) for Removal and Recycling Services of Fluorescent Bulbs, to American Lamp Recycling, C #93001303. Funding is available in Account #13296006 480000 - Buildings. PASSED AYES 9, NOES 0 NO. 1220 CORRECTION TO REPORT OF BIDS OLD FIRST WARD COMMUNITY CENTER PUBLIC IMPROVEMENTS PROJECT YEAR 38 - 05200 PRIOR COUNCIL REFERENCE: CCP # 67 of 1/21/14 1 advertised for on November 26, 2013 and received the following sealed bids for Old First Ward Community Center, Public Improvements Project, which were publicly opened and read on December 30, 2013. General Construction Base Bid Alt.3 Alt.4 Weaver Metal & Roofing, Inc. $379,600 $7,400 $7,800 40 Appenheimer Ave., Buffalo, NY Grove Roofing Service, Inc. $356,000 $27,000 $600,000 131 Reading St., Buffalo, NY Jos A. Sanders & Sons, Inc. $449,221 $27,608 $61,183 107 Lathrop Street, Buffalo, NY Jameson Roofing Co, Inc. $495,000 $41,500 $45,200 3761 E. Lake Rd., Dunkirk, NY Mechanical Work Base Bid Alt.1 Greater Niagara Mechanical $49,800 $3,400 7311 Ward Rd., North Tonawanda, NY Parise Mechanical $73,000 $5,000 1106 Sheridan Drive, Tonawanda, NY O'Conner Mechanical $76,500 $2,250 107 Dorothy Street, Buffalo, NY I hereby certify that the foregoing is a true and correct statement of all bids received and that the following are the lowest responsible bidders in accordance with the plans and specifications. General Construction Weaver Metal &Roofing, Inc. with a bid of $434,280. (Base Bid + Alt.3 + Alt.4 plus 10% Contingency $39,480.00) Mechanical Work: Greater Niagara Mechanical, Inc. with a bid of $58,520. (Base Bid + Alt. 1 plus 10% Contingency $5,820.00) 1 recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to order the work on the basis of the low bid. Funding for this project are available in accounts CH9G2007 - 470000, 34323406 - 445100, 33320606 - 445100 and 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 June 3, 2014, 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 Old First Ward Community Center, Public Improvement Project with the following: General Construction: Weaver Metal & Roofing, Inc., with a bid of $434,280.00 (Base Bid + Alt. 3 + Alt. 4 + 10% Contingency $39,480.00) Mechanical Work: Greater Niagara Mechanical, Inc. with a bid of $58,520.00 (Base Bid + Alt. 1 + 10% Contingence $5,820.00) Funding for this project is available in Accounts #CH9G2007 - 470000, 34323406 - 445100, 33320606 - 445100 and 43423506 — 445100 — Buildings. PASSED AYES 9, NOES 0 NO. 1221 1411 DELAWARE FOREST LAWN CEMETERY CABLE WITHIN RIGHT OF WAY Mr. William M. Murray, Vice President of the Forest Lawn Group, has requested permission to encroach City Right of Way on West Delavan with a fiber optic communications cable. The fiber optic cable would be located under West Delavan Avenue (390' east of Delaware Avenue) and connect Forest Lawn Cemetery's main office at 1411 Delaware with its cremation facility at 901 West Delavan. This link will enable Forest Lawn to establish a unified computer and communications network, utilizing one centralized server and telephone system. The Department of Public Works, Parks, and Streets has reviewed this application pursuant to Chapter 413 Section 67 (Encroachment Regulations) of the City Charter and has no objection to Your Honorable Body Authorizing the Commissioner to issue a "Mere License" for said installation provided the following conditions are met: 1. That the applicant obtain the appropriate street cut permit from the Division of Engineering. 2. That the cable be installed according to city specifications. 3. That the applicant become a member of Dig Safely New York as specified in New York State Code 753. 4. That the applicant supply the Department of Public Works, Parks and Streets with a bond and /or certificate of insurance, in an amount deemed sufficient by the Corporation Counsel, which will indemnify and save harmless the City of Buffalo against any and all loss or damage arising out of construction, maintenance, use or removal of said cable. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets, dated June 4, 2014, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to issue a "Mere License" to Mr. William M. Murray, Vice President of the Forest Lawn Group, to encroach the City right -of -way on West Delavan with a fiber optic communications cable, provided the following conditions are met: • That eh applicant obtain the appropriate street cut permit from the Division of Engineering; • That the cable be installed according to City specifications; • That the applicant become a member of Dig Safely New York as specified in New York State Code 753; and • That the applicant supply the Department of Public Works, Parks and Streets with a bond and /or certificate of insurance, in an amount deemed sufficient by the Corporation Counsel, which will indemnify and save harmless the City of Buffalo against any and all loss or damage arising out of construction, maintenance, use or removal of said cable. PASSED AYES 9, NOES 0 NO. 1222 PERMISSION TO ENTER INTO AN AGREEMENT WITH REPUBLIC SERVICES FOR COMPACTOR HAULING AND DISPOSAL OF GARBAGE FROM COCA COLA FIELD. I respectfully request that Your Honorable Body authorize the Department of Public Works, Parks and Streets to enter in an agreement with Republic Services compactor hauling and disposal of garbage from Coca Cola Field for a one year period beginning July 1, 2014. Funds are available in account through 52002606- 442100. The vendor has been chosen through an informal bid process. Results are below: Trash Removal Average 20 trips a Company Compactor Rental Fee Fee year at 3tons per trip Extra charges Subtotal Modern $350 /month $134.50/ trip $ 2,690.00 fuel surcharge state and federal $ 4,200.00 $43.50 /ton $ 2,610.00 taxes $9,500.00 Republic $95 /month $175 /trip $ 3,500.00 None $7,340.00 $ 1,140.00 $45 /ton $ 2,700.00 Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated June 2,2014, be received and filed; and That the Common Council hereby authorizes the Department of Public Works, Parks and Streets to enter into an agreement with Republic Services for compactor hauling and disposal of garbage from Coca Cola Field for a one (1) year period, beginning July 1, 2014. The vendor was chosen through an informal bid process. Funds for this work are available in Account #52002606- 442100. PASSED AYES 9, NOES 0 NO. 1223 PERMISSION TO HIRE CONSULTANT COMMUNITY CENTERS - VARIOUS ADA REQUIREMENTS PHASES I JOB #1411 D PRIOR COUNCIL REFERENCE: Item No. 29, CCP 4/16/13 Permission is hereby requested from Your Honorable Body to authorize the Department of Public Works, Parks & Streets to hire a consultant to provide architectural /engineering services for construction of ADA requirements at various community centers, Phase I. The cost for consulting services is estimated not to exceed $8,500.00. Funds are available in 35323106 445100, Buildings. The consultant was chosen through a Request for Qualifications (RFQ) process. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets, dated June 2, 2014, 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 architectural /engineering services for construction of ADA requirements at various community centers, Phase 1. The consultant was chosen through a Request for Qualifications (RFQ) process. Funds are available in Account #35323106 445100, Buildings. PASSED AYES 9, NOES 0 NO. 1224 PERMISSION TO HIRE AN ENGINEERING CONSULTANT AND PERMISSION TO ENTER INTO AGREEMENTS WITH FHWA, NYSDOT, NFTA, BSA AND CITY OF BUFFALO WATER BOARD FOR THE CONSTRUCTION, ADMINISTRATION AND INSPECTION OF THE NIAGARA STREET GATEWAY PROJECT - PHASE 1 BETWEEN S. ELMWOOD AVE. AND VIRGINIA ST. CITY OF BUFFALO, COUNTY OF ERIE ELLICOTT DISTRICT, FILLMORE DISTRICT & NIAGARA DISTRICT PRIOR COUNCIL REFERENCE: #18 of July 10 2007 The NYSDOT and the City of Buffalo have designated $2.800M for the construction, administration and inspection of Niagara Street Gateway Phase 1 Project between S. Elmwood Ave. and Virginia Street. In order to move this project forward, this Department is requesting that Your Honorable Body authorize the Mayor and /or this Department to enter into all necessary agreements with the FHWA, NYSDOT, NFTA, BSA and COB Water Authority. These agreements would enable this Department to administer this project and will cover all necessary work needed to complete the construction, administration and inspection and of this project Permission to Hire a Consultant - Niagara Street Gateway Project - Phase 1 between South Elmwood and Virginia Street (Ell, Fill, Nia) (DPW) Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated May 27, 2014, be received and filed; and That the Common Council hereby authorizes Mayor and /or the Department of Public Works, Parks and Streets to enter into all necessary agreements with the Federal Highway Administration, the New York State Department of Transportation, the Niagara Frontier Transportation Authority, the Buffalo Sewer Authority and the City of Buffalo Water Authority for the construction, administration and inspection of the Niagara Street Gateway Phase 1 Project between South Elmwood Avenue and Virginia Street. PASSED AYES 9, NOES 0 NO. 1225 REPORT OF BIDS CITY -WIDE CURB & SIDEWALK REPLACEMENT BOND SPECIFIC LOCATIONS — 2014 GROUP 792 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. $850,826.35 $935,908.99 709 Pleasant View Dr. Lancaster, NY 14086 Destro & Brothers Concrete Co. $853,823.65 $939,206.02 411 Ludington Ave. Buffalo, NY 14206 Sunshine Concrete $857,261.28' $942,987.41' 3461 Stevenson Ct. N. Tonawanda, NY14120 I hereby certify that the low bidder for the above project is P & J Construction Company. I respectfully recommend a contract award in the amount of $935,908.99 ($850,826.35 -Base Bid + $85,082.64 -10% unit price increase = $935,908.99 - Total Contract Amount) . Funds for this contract are available in #36315506- 445100, and an account(s) to be named at a later date. The engineer's estimate for this work is $771,000.00 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 July 12, 2014. Individual bid submissions are available in our office for inspection and copies are available upon request. 'Adjusted amount to correct for mathematical errors in the calculation of the bid. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets, dated June 3, 2014, 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 City -wide curb and sidewalk replacement, bond specific locations -2014, Group 792, with P & J Construction Company with a total bid of $935,908.99 (Base Bid $850,826.35 + 10% unit price increase $85,082.64 for a Total Contract Amount of $935,908.99). Funding for this project is available in Account #36315506- 445100, and an account(s) to be named at a later date. PASSED AYES 9, NOES 0 NO. 1226 REPORT OF BIDS, GROUP #760C CURB & SIDEWALK YEAR 38 — 50202 CDBG FUNDED In obtaining these bids for the above mentioned project, I have asked for unit prices 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 quantifies of materials entering into the work and may be either more or less than the total bid. The quantities for this project were developed using estimated unit prices to match the funding that the City has available. The City may, by mutual agreement with the contractor, increase or decrease the quantity of work in order to match the available budget and expend available funding. The following bids were received: Base Bid Base Bid + 10% Unit Price Increase Sunshine Concrete Co. Inc. $595,391.5 $654,930.65 3461 Stevenson Ct. N. Tonawanda, NY 14120 CVF Inc. $619,972.45 $681,969.70 528 Tacoma Ave. Buffalo, NY 14216 Destro & Brothers Concrete Co., Inc. $62,822.00 $685,104.20 411 Ludington Street, Buffalo, NY 14206 Campobello Construction Co. Inc. $660,564.75 $726,621.23 23 Stratford Rd. Buffalo, NY 14216 I hereby certify that the low bidder for the above project is Sunshine Concrete Co. Inc. I respectfully recommend a contract award in the amount of $ 654,930.65 ( $595,391.50 -Base Bid + $59,539.15 -10% unit price increase = $ 793,135.20 Total Contract Amount). Funds for this contract are available in CH9132027 - 470000 and /ur an account to be named at a later date. The engineer's estimate for this work is $476,855.00 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 July 24, 2014. 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 June 9, 2014, 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 City -wide curb and sidewalk replacement, Year 38 - 50202 CDBG Funded, with Sunshine Concrete Co. Inc. with a total bid of $793,135.20 (Base Bid $595,391.50 + 10% unit price increase $59,539. i5 for a Total Contract Amount of $793,135.20). Funding for this project is available in Account #CH9B2027 - 470000 and /or an account to be named at a later date. PASSED AYES 9, NOES 0 NO. 1227 REPORT OF BIDS, GROUP #760D CURB & SIDEWALK YEAR 38 -50202 CDBG FUNDED In obtaining these bids for the above mentioned project, I have asked for unit prices 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 quantities for this project were developed using estimated unit prices to match the funding that the City has available. The City may, by mutual agreement with the contractor, increase or decrease the quantity of work in order to match the available budget and expend available funding. The following bids were received: Base Bid Base Bid + 10% Unit Price Increase CVF Inc. $657,021.55 $722,723.71 528 Tacoma Ave. Buffalo, NY 14216 Destro & Brothers Concrete Co., Inc. $696,448.83' $766,093.71' 411 Ludington Street, Buffalo, NY 14206 Campobello Construction Co. Inc. $739,318.55 $813,250.41 23 Stratford Rd. Buffalo, NY 14216 1 hereby certify that the low bidder for the above project is CVF Inc. I respectfully recommend a contract award in the amount of $ 722,723.71 ( $657,021.55 -Base Bid + $65,702.16 -10% unit price increase = $ 722,723.71 Total Contract Amount) . Funds for this contract are available in CH9132027 - 470000 and /ur an account to be named at a later date. The engineer's estimate for this work is $470,565.00 The attached is certified to be a tree 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 July 24, 2014. Individual bid submissions are available in our office for inspection and copies are available upon request. 'Adjusted amount to correct for mathematical errors in the calculation of the bid. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets, dated June 9, 2014, 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 City -wide curb and sidewalk replacement, Year 38 - 50202 CDBG Funded, with CVF Inc. with a total bid of $722,723.71 (Base Bid $657,021.55 + 10% unit price increase $65,702.16 for a Total Contract Amount of $722,723.71). Funding for this project is available in Account #CHgB2027 - 470000 and /or an account to be named at a later date. PASSED AYES 9, NOES 0 NO. 1228 REPORT OF BIDS, GROUP #774A CURB & SIDEWALK YEAR 39 -50202 CDBG FUNDED In obtaining these bids for the above mentioned project, I have asked for unit prices 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 quantities for this project were developed using estimated unit prices to match the funding that the City has available. The City may, by mutual agreement with the contractor, increase or decrease the quantity of work in order to match the available budget and expend available funding. The following bids were received: Base Bid Base Bid + 10% Unit Price Increase Destro & Brothers Concrete Co., Inc. $721,032.00 $793,135.20 411 Ludington Street, Buffalo, NY 14206 Campobello Construction Co. Inc. $779,303.15 $857,233.47 23 Strafford Rd. Buffalo, N Y14216 1 hereby certify that the low bidder for the above project is Destro & Brothers Concrete Co., Inc. I respectfully recommend a contract awarding the amount of $ 793,135.20 ($721,032.00 —Base Bid+ $72,103.20 -10% unit price increase = $ 793,135.20 Total Contract Amount) . Funds for this contract are available in CIC)B2027 - 470000 and /or an account to be named at a later date. The engineer's estimate for this work is $660,000.00 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 July 24, 2014. 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 June 9, 2014, 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 City -wide curb and sidewalk replacement, Year 39 - 50202 CDBG Funded, with Destro & Brothers Concrete Co., Inc. with a total bid of $793,135.20 (Base Bid $721,032.00 + 10% unit price increase $72,103.20 for a Total Contract Amount of $793,135.50). Funding for this project is available in Account #C19132027 - 470000 and /or an account to be named at a later date. PASSED AYES 9, NOES 0 NO. 1229 REPORT OF BIDS KENMORE AVE. RESURFACING & REHABILITATION COLVIN TO ELMWOOD GROUP 793 -B 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. $421,389.15' $463,528.017' 411 Ludington Ave. Buffalo, NY 14206 Amherst Paving Inc. $448,147.88' $492,962.67' 330 Meyer Rd. Amherst, NY 14226 I hereby certify that the low bidder for the above project is Destro & Brothers Concrete Company. I respectfully recommend a contract award in the amount of $463,528.07 ($ 421,389.15 -Base Bid +$42,138.92-10% unit price increase = $463,528.07 - Total Contract Amount. Funds for this contract are available in #36315506- 445100, and an account(s) to be named at a later date. The engineer's estimate for this work is $450,000.00 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 July 19, 2014. Individual bid submissions are available in our office for inspection and copies are available upon request. 'Adjusted amount to correct for mathematical errors in the calculation of the bid. Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated June 4, 2014, be received and filed; and That the Common Council hereby authorizes the Department of Public Works, Parks and Streets to enter into an agreement for Kenmore Avenue Resurfacing and Rehabilitation, Colvin to Elmwood, with Destro & Brothers Concrete Company with a total bid of $463,528.07 (Base Bid of $421,389.15 + 10% unit price increase of $42,138.92 for a Total Contract Amount of $463,528.07). Funding for this project is available in Account #36315506- 445100, and an account(s) to be named at a later date. PASSED AYES 9, NOES 0 NO. 1230 REPORT OF BIDS ENGINE 3 HVAC UPGRADES JOB #1402 FILLMORE DISTRICT I asked for on March 18, 2014, and received the following formal sealed bids for Engine 3 HVAC Upgrades, which were publicly opened and read on May 6, 2014. Base Bid MLP Plumbing & Mechanical, Inc. $127,000.00 DV Brown Associates $147,600.00 Colgate Industries No Bid JW Danforth No Bid I hereby certify that the foregoing is a true and correct statement of all bids received and that MLP Plumbing & Mechanical, Inc., with a Base Bid of $127,000.00, for a total bid of One Hundred Twenty Seven Thousand and 00/100 Dollars ($127,000.00) 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 in Account No. 34323706 445100 and Account No. 39320406 445100 - Buildings. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets, dated June 2, 2014, 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 Engine 3 HVAC Upgrades with MLP Plumbing & Mechanical, Inc. with a total bid of $127,000.00. Funding for this project is available in Account #34323706 445100 and Account #39320406 445100 - Buildings. PASSED AYES 9, NOES 0 NO. 1231 REPORT OF BID WATERLINE IMPROVEMENTS ON BEST ST., DELEVAN AVE., EAST FERRY ST., FILLMORE AVE. AND NORTHAMPTON STREET BRIDGES OVER NYS ROUTE 33 This is to advise your Honorable Body that I have advertised for and received bids on May 14th, 2014 for the Waterline Improvements on Best St., Delevan Ave., East Ferry St., Fillmore Ave. and Northampton Street Bridges Over NYS Route 33. The following bids were received for the project: 1- Concrete Applied Technologies Corp. $719,546.00 1266 Townline Road Alden, N.Y. 14004 2- Kandey Company, Inc. $746,067.00 19 Ransier Drive West Seneca, N.Y. 14224 3- Nichols Long & Moore $1,070,470.00 149 Gunnville Road Lancaster, N.Y. 14086 Subsequent to the bid opening the bids were reviewed by Corporation Counsel. Corporation Counsel has determined that the lowest responsible bidder is Concrete Applied Technologies Corp. I respectfully recommend that your Honorable Body authorize a contract award in the amount of $ 719,546.00 (base bid) plus $ 71,954.60 (10% contingency) for a total contract award of $ 791,500.60. The funds are available in a Division of Water 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 June 4, 2014, 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 Waterline Improvements on Best Street, Delevan Avenue, East Ferry Street, Fillmore Avenue and Northampton Street Bridges over NYS Rout 33 with Concrete Applied Technologies Corp. with a total contract award of $791,500.60 (Base Bid $719,546.00 + 10% Contingency $71,954.60 for a Total Contract Award of $791,500.60). Funding for this project is available in a Division of Water account to be named at a later date. PASSED AYES 9, NOES 0 FROM THE COMMISSIONER OF POLICE NO. 1232 APPROVAL TO PURCHASE NEW POLICE VEHICLES The Buffalo Police Department has received funding ill the 2014 Capital Budget to purchase new marked vehicles. Also, in the upcoming 2014/2015 fiscal year budget, the Buffalo Police Department has received funding for marked and unmarked vehicles. Therefore, the Buffalo Police Department hereby requests permission from your honorable body to begin the purchase process for the following vehicles: Up to 25 marked vehicles from the 2014 Capital Budget. Up to 25 marked vehicles from the 2014/2015 fiscal year budget Up to 8 unmarked vehicles from the 2014/2015 fiscal year budget The Buffalo Police Department and the Purchase Department will follow local procurement guidelines and will obtain the best possible price for the make and model vehicles that are decided upon. The actual number of vehicles purchased will be dependent on price, the required options, and the cost of additional equipment needed to complete the vehicles. In addition, the above purchase will be used to replace older vehicles that will be removed in the near future from the Buffalo Police Fleet, either through auction or parts cars. Some of the equipment from these older vehicles, i.e. MCT's, docking stations, mobile radios, modems, etc. will be transferred to the new vehicles, thus keeping the overall cost of the new vehicles at the lowest point possible. 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. REFERRED TO THE COMMITTEE ON FINANCE FROM THE CORPORATION COUNSEL NO. 1233 CITY OWNED WATERFRONT ELEMENTARY SCHOOL PROPERTY AT 95 FOURTH STREET - AUTHORIZATION SOUGHT FOR CITY TO EXECUTE AND RECORD A "DECLARATION OF COVENANTS AND RESTRICTIONS" FOR AND AT THE REQUEST OF THE NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION (NYSDEC) AS PART OF THE DOCUMENTATION FINALIZATION OF THE ENVIRONMENTAL REMEDIATION THAT OCCURRED AT THIS PROPERTY BEGINNING IN 2005 In 2005, National Fuel Gas Distribution Corp. entered into an Order on Consent with the New York State Department of Environmental Conservation which obligated National Fuel to perform certain environmental remediation clean -up measures at the Waterfront School property. National Fuel contracted with QLT Buffalo LLC as to the environmental clean -up matters at the site and QLT in turn contracted with WSP Engineering of New York, P.C. to oversee the cleanup. This clean -up occurred primarily In 2005 at the same time as the Waterfront School was closed for school purposes for the unrelated school reconstruction improvements that took place during school year 2005 -2006 at the Waterfront School. The year 2005 was also the year that most of the environmental remediation at the former "National Fuel Gas Buffalo Service Center" site adjacent to the Waterfront School took place in connection with the redevelopment of that site for the current HealthNow use. In the summer of 2012, related further remediation was performed at the Waterfront School property along the utility corridor next to right of way of Fourth Street. A Declaration of Covenants and Restrictions is a tool utilized by the NYSDEC as part of the documentation required for the formal finalization of the type of environmental remediation that took place at the Waterfront School. The nature of this clean -up, like other similar clean -ups, involved the dig and haul of certain soils /contaminants for off -site disposal at permitted facility(ies) and also involved limited ground water monitoring. An Operation, Maintenance and Monitoring Plan as outlined in the proposed Declaration of Covenants and Restrictions is included to ensure, among other things, that a concrete slab and vapor extraction system remains intact over a small portion of the floor in the unused basement area of a comer of the school building. To facilitate continued monitoring, the proposed Declaration of Covenants and Restrictions provides that WSP Engineering of New York, Inc. will be allowed access to the property for purposes of Operation, Monitoring and Maintenance. Access will be coordinated through appropriate School District personnel, as it has been in the past. The Declaration of Covenants and Restrictions also serves to provide a title record notice of the types of remedial activities that occurred at a site and are a non - physical means of enforcing restrictions and modifying and guiding human behavior at the site that are meant to maintain and preserve the remediation into the future. The Law Department requests that Your Honorable Body: 1. Authorize the Mayor to execute the Declaration of Covenants and Restrictions in form and substance substantially similar to that version which is being submitted for your review with this communication, and 2. Authorize pertinent City personnel to take such steps and actions and to enter into such agreements as shall be reasonably necessary to achieve the purposes and objectives of the remediation and the Declaration of Covenants and Restrictions. Mr. Smith moved: That the above item be, and the above communication from the Office of the Corporation Counsel, dated June 5, 2014, be received and filed; and That the Common Council hereby authorizes the Mayor to execute the Declaration of Covenants and Restrictions in form and substance substantially similar to that version which was submitted to the Common Council; and further hereby authorizes pertinent City personnel to take such steps and actions and to enter into such agreements as shall be reasonably necessary to achieve the purposes and objectives of the remediation and the Declaration of Covenants and Restrictions. PASSED AYES 9, NOES O FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT & INSPECTION SERVICES NO. 1234 FOOD STORE (NEW) 285 GRANT AKA 289 (NIAGARA) Pursuant to Chapter i94of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 285 Grant aka 289 Grant (Kaji Sunwar /SAGARMATHA GROCERIES LLC.) 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. Food Store License (New) - 285 Grant a /k/a 289 Grant (Nia)(DPIS) Mr. Smith moved: That the above item be, and the above communication from the Department of Permits and Inspection Services, dated June 3, 2014, be received and filed; and That the Commissioner of Permits and Inspections Services is hereby authorized pursuant to Chapter i94 of the City Code to issue a Food Store License to Kaji Sunwar d /b /a Sagarmatha Groceries LLC located at 285 Grant a /k/a 289 Grant. PASSED AYES 9, NOES 0 NO. 1235 APPOINT ASSOCIATE ACCOUNT CLERK(PERM)(MAX)(THOMAS) Certificate of Appointment Appointment effective May 27, 2014 in the Department of permit & Inspection Services Division of Inspections to the Position of Associate Account Clerk Permanent Appointment Maximum Starting Salary of $40,337 Robert Brad Thomas, 123 Crestwood Avenue, Buffalo 14216 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF ADMINISTRATION, FINANCE, POLICY & URBAN AFFAIRS NO. 1236 REQUEST FOR PROPOSAL ARMORED CAR SERVICE The Division of Treasury is requesting permission to enter into contract with Dunbar Armored to provide armored car service' for the pickup of the daily cash deposit in Treasury to be transported to M & T Bank. Three proposals were received and Dunbar Armored meets our requirements and is the lowest responsible bidder Bids received: 1. Dunbar Armored at $1,364,00 per month 2. Brinks Incorporated at $2,723.00 per month 3. Loomis submitted a proposal that could not meet all of our requirements including the pick of the daily cash deposit, and charged a fuel rate that they did not disclose, along with not deposited funds on the same day, they have next day delivery and we require our funds to be deposited on the same day. We are requesting permission to enter into contract with Dunbar Armored for a period of one (1) year to start on July 1, 2014 to June 30, 2015 with two (2)one year renewal extension. Mr. Smith moved: That the above item be, and the above communication from the Director of Treasury, dated June 5, 2014, be received and filed; and That the Common Council hereby authorizes the Director of Treasury to enter into an agreement with Durbar Armored to provide armored car service for the pickup of the daily cash deposit in Treasury to be transported to M & T Bank for a period of one (1) year to start on July 1, 2014 to June 30, 2015, with two (2) one year extensions. The vendor was chosen through Request for Proposal (RFP) process. PASSED AYES 9, NOES 0 FROM THE COMMISSIONER OF PARKING NO. 1237 TRANSFER OF TWO VEHICLES FROM THE CITY OF BUFFALO DART ST. IMPOUND TO THE POLICE ATHLETIC LEAGUE (PAL) Permission is requested for Your Honorable Body to allow the transfer of two vehicles from the City of Buffalo Dart St. impound to the Police Athletic League (PAL). -The vehicles are a 2010 Chrysler, VIN #3A4GY5F98AT185374 and a 2008 Chevrolet, VIN #2G1 WT55N189214489. - Currently, PAL has one vehicle that has exceeded its useful life expectancy. - The vehicle (s) will be used by the Police Athletic League to serve a public purpose, in that the City of Buffalo contracts with the organization to provide recreational services to the City's children and youth, as well as other public events. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of Parking, dated May 22, 2014, be received and filed; and That the Common Council hereby authorizes the Commissioner of Parking to transfer the following two (2) vehicles from the City of Buffalo Dart Street Impound Garage to the Buffalo Police Department Fleet: • 2010 Chrysler, VIN 3A4GY5F98AT185374 • 2008 Chevrolet, VIN2GIWT55N189214489 PASSED AYES 9, NOES 0 FROM THE CITY CLERK NO. 1238 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 2182 Delaware Delaware Park Rumsey Shelter Patricia Moran 1063 -1065 Grant Show Place Buffalo Scott Donaldson 3264 Main 3264 Main Nicholas Amigone RECEIVED AND FILED NO. 1239 ITEMS RETURNED TO CITY CLERK BY MAYOR WITHOUT APPROVAL OR DISAPPROVAL I hereby inform you that the following Items which was passed by the Common Council on May 27, 2014 No. 1186 Waiver of Fees for Lovejoy Memorial Day Flag Raising Ceremony No. 1189 Waive Permit Fees for Harriet Ross Tubman Sch #31 Field Day No. 1192 Waive Permit Fees for Bury the Violence Walk No. 1193 Waive Permit Fees Elmwood Village Summer Concert Series No. 1194 Waive Permit Fees for Independent Health's Kids Run No. 1195 Waive Permit Fees for Olmsted School Foundation's Fun Walk 2014 No. 1196 Waive Permit Fees for YMCA's Fitness in the Park Program No. 1197 Waive Permit Fees for Zacaria's Benefit No. 1203 Wavier and City Prkg Lot Use for Hispanic Health & Info Fair No. 1204 United Liberian Assoc Event Fee Waiver No. 1206 Waive Event Fees -EC Leg Lynne Dixon's Community Mtg No. 1209 Waive Park Rental and Band Shell Fees for the 39 Annual Juneteenth Festival at MLK Park Was presented to the Mayor on May 30, 2014 and returned to the City Clerk on June 10, 2014 without approval or disapproval. RECEIVED AND FILED NO. 1240 LEAVES OF ABSENCE WITHOUT PAY I transmit herewith notifications received by me, reporting the granting of the leaves of absence without pay, in the various departments as listed Police- Patricia Logan, Karen Crum RECEIVED AND FILED NO. 1241 REPORTS OF ATTENDANCE I transmit herewith communications received by me, from the various boards, commissions, agencies and authorities reporting the membership attendance at their respective meetings: Buffalo Sewer Authority RECEIVED AND FILED NO. 1242 NOTICES OF APPOINTMENTS - COUNCIL INTERNS I transmit herewith appointments to the position of Council Intern. Mr. Smith moved the approval of the appointments to the position of Council Intern. ADOPTED. Certificate of Appointment Appointment Effective May 29, 2014 in the Department of Common Council Division of City Clerk to the Position of Intern VIII Unclassified, Non - Competitive, Flat Starting Salary of $15.00 per hour Faith Thurmond, 505 Wyoming Avenue, Buffalo 14215 Certificate of Appointment Appointment Effective June 5, 2014 in the Department of Common Council Division of Fillmore Council District to the Position of Intern VI Unclassified, Non - Competitive, Flat Starting Salary of $10.00 per hour Yolanda Moore, 146 Walter Street, Buffalo 14210 NO. 1243 APPOINTMENTS - MAYOR'S YOUTH OPPORTUNITY & EMPLOYMENT I transmit herewith appointments made in the Mayor's Youth Opportunities and Employments Programs. RECEIVED AND FILED. Certificate of Appointment Appointment Effective May 22, 2014 in the Department of Executive Division of Mayor to the Position of Intern IX Unclassified, Non - Competitive, Flat Starting Salary of $12.66 per hour Tracy F. King, 234 Rodney Avenue, Buffalo 14214 NO. 1244 NOTICES OF APPOINTMENTS - SEASONAL /FLAT I transmit herewith certificates received by me, reporting seasonal and fiat salary appointments made in various departments. Certificate of Appointment Appointment Effective May 26, 2014 in the Department of Public Works, Parks & Streets Division of Streets to the Position of Laborer II Seasonal, Non - Competitive, Flat Starting Salary of $12.66 per hour James Francis, 137 Vandalia, Buffalo 14204 Certificate of Appointment Appointment Effective June 2, 2014 in the Department of Public Works, Parks & Streets Division of Streets to the Position of Laborer II Seasonal, Non - Competitive, Flat Starting Salary of $12.66 per hour Jaylen Boyd, 53 Eller Avenue, Buffalo 14211 NO. 1245 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 June 2, 2014 in the Department of Public Works, Parks & Streets Division of Streets to the Position of Laborer II Permanent, Non - Competitive, Minimum Starting Salary of $23,553 Justin Lewis, 131 Parkside Ct. Apt 2, Buffalo 14214 Certificate of Appointment Appointment Effective June 2, 2014 in the Department of Audit and Control Division of Investment and Debt Management to the Position of Senior Auditor Permanent, Open- Competitive, Minimum Starting Salary of $44,790 Michael J. Rotert, 384 Colvin Avenue, Buffalo 14216 Certificate of Appointment Appointment Effective June 2, 2014 in the Department of Audit and Control Division of Investment and Debt Management to the Position of Assistant Auditor Permanent, Open- Competitive, Minimum Starting Salary of $38,751 Karla A. Filer, 48 Olcott Avenue, Buffalo 14220 Certificate of Appointment Appointment Effective June 2, 2014 in the Department of Audit and Control Division of Accounting to the Position of Junior Accountant Permanent, Open- Competitive, Minimum Starting Salary of $34,569 David E. Harding, 169 Garner Avenue, Buffalo 14213 Certificate of Appointment Appointment Effective June 3, 2014 in the Department of Office of Strategic Planning Division of Executive to the Position of Resources Development Technician Provisional, Open- Competitive, Minimum Starting Salary of $48,526 LaSheika S. Webb, 114 Waverly Street, Buffalo 14208 Certificate of Appointment Appointment Effective June 2, 2014 in the Department of Police to the Position of Report Technician Provisional appointment, Minimum Starting Salary of $32,816 Lyana M. Luciano, 247 West Avenue, Buffalo 14201 Certificate of Appointment Appointment Effective June 2, 2014 in the Department of Police in the Department of Fleet Maintenance to the Position of Superintendent of Fleet Maintenance Provisional appointment, Minimum Starting Salary of $47,430 Gregory Danieu, 213 Okell Street, Buffalo 14220 NON - OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON - OFFICIAL COMMUNICATIONS NO. 1246 D. BASTIAN- ARTICLE -LYFT DEFIES NEW MEXICO ORDER TO STOP OPERATING Associated Press ALBUQUERQUE, N.M. - Lyft said it will defy New Mexico regulators by continuing to operate in Albuquerque, a move that a state official said could result in large fines for the ridesharing service. The Public Regulation Commission on May 21 ordered San Francisco -based Lyft to stop operating in New Mexico at least until June 2, when Lyft must respond to commission allegations that it is operating an illegal taxi service. Lyft spokeswoman Paige Thelen told the Albuquerque Journal that Lyft will continue to operate in Albuquerque because it doesn't believe it's breaking the law. Public Regulation Commission Transportation Division director Ryan Jerman said Lyft could face up daily fines of up to $10,000 for each of five different violations of state law. Jerman also said each trip by a driver may be a separate violation. The entry into the transportation marketplace by companies such as Uber and Lyft has left state legislators across the nation and local officials struggling to catch up with emerging technology that competes with traditional taxis and limos, but with less overhead. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT AND THE SPECIAL TASK FORCE FOR TAXI AND LIVERIES NO. 1247 N. HARE - EDUCATION FORUM SERIES Education Forum Series) June 12 - July 3, 2014 Schedule of Forum Convenings: June 12, 2014 June 19, 2014 June 26, 2014 July 3, 2014 Location: Buffalo Common Council Chambers, City Hall, 13 Fl. Objective: To construct a cohesive strategic plan to marshal the intellectual, human and financial resources of all stakeholders of the Buffalo Public Schools System to both resolve the critical issues facing the Buffalo Public School District's sustainability, and to create an educational service delivery model that consistently produces students achieving core skill development at or above grade level proficiency. Background Statement Of persons over the age of 25, Table 1 demonstrates the educational level achieved in New York State, Erie County and the City of Buffalo. "Erie County has higher high school graduation rates than the State, but in the City of Buffalo the rates are noticeably lower. Completion of higher education is lower in the County than in New York State, and even lower in the City of Buffalo. It should be noted that there are a number of zip codes in the City of Buffalo that have extremely low high school and higher education graduation rates. There is a direct correlation to rates of unemployment, crime and poverty when this data is looked at simultaneously (Burstein, 2014)." REFERRED TO THE SPECIAL COMMITTEE ON EDUCATION NO. 1248 N. HARE - TESTIMONY COMMUNITY ACTION ORGANIZATION OF ERIE COUNTY SPECIAL COMMITTEE ON EDUCATION Testimony Provided by L. Nathan Hare, President /CEO - Community Action Organization of Erie County Special Committee on Education) Thursday, June 13, 2013 at 2:30 PM The "No Child Left Behind Act" in Title 34, Subtitle B, Chapter II, Part 200, Subpart A of the federal education law provides that every student enrolled in a failing school, who wishes to transfer to a non - failing school, must have that opportunity. This month, the New York State Education Department ruled that the Buffalo Public School District is not in compliance with state and federal requirements that allows students to transfer out of a priority, or a persistently low achieving school, into a good standing one. The district has until June 30th to come up with a new plan for student transfers (Igoe, 2013). 45 out of the 57 Buffalo District schools are considered to be low- performing by the state. "In theory, this means that the parents of more than 27,000 children - out of an overall district enrollment of 34,700 students - are entitled to have their children transferred to a school that is not on the state's watch list" (Tan, 2013). Frances B. Wilson, the district's chief academic officer, said Tuesday, June 4 h, that the district has done the best it could. "At the time that all of this occurred, we couldn't honor the requests, and we didn't see other options that were viable for us to use," she said (Tan). In response to the state determination, Buffalo Schools Superintendent, Dr. Pamela C. Brown, stated, "We are reviewing the information provided by the state in determining how to best address the state's expectations for the development of a corrective action plan for the 2013 -14 school year." Wilson said that nothing is off the table for consideration as a solution. The crafting of a corrective action plan has already started and will be complete by the state's deadline of June 3 O th "We're going to look at all the options," she said (Tan). Repeatedly, we have heard those in positions to effect change assert that they want to see all of the Buffalo Schools become schools in good standing. In the meantime, however, year after year, as many as 80% of the District students continue to be mired in low performing schools. The No Child Left Behind Act provides within the legislation that has been around for 11 years, the following options: 1. Charters: Simply closing and reopening as a public charter school 2. Staff Replacement: Replacing school staff, including the principal, "relevant" to the failure 3. Contracting: Contracting with an outside entity to operate the school 4. State Takeovers: Turning school operations over to the state educational agency 5. Other: Engaging in another form of major restructuring that makes fundamental reforms 6. Additionally, Districts could send students to other cooperating public school districts and send the same per- student funding that would have gone to a charter school to the other school district; or the District could send students to a cooperating private or other parochial school on the same funding basis. In other words there have been, and exist today, many options that would solve these problems for the students. Those solutions, however, appear not tc be in the interests of large and influential cadres of adults. As the President and CEO of the Community Action Organization of Erie County, and the Chairperson of the United Black Men's Think Tank, I, in association with others, want to work with the Buffalo School District to rescue as many students as possible immediately, and to create a strategic platform to eliminate the existence of low performing schools in the future. Below is a basic idea framework of the kinds of immediate actions we can and should undertake: A. Institutional Reform The Buffalo District can use the transformation of failing schools into District - licensed charter schools. Buffalo can transform the 9 lowest performing schools each of the next five years, unless a particular school lifts itself into being a school in good standing: This would solve the immediate issue of space for honoring student transfer requests. Over this five year period, Buffalo would have no failing schools, and could completely reconstruct its educational models using existing best practices. 1. Buffalo can require its teachers to man 3 hours of after - school academic support or enrichment activities using 3 of the 6 "office" hours for which teachers are currently paid. 2. Buffalo can move to a Mastery Education model through which immediate to 48 hour remediation is provided to any student who persons at less than a "B- grade" level on any academically scored instrument. 3. Buffalo can provide a regimen of after - school programs at every school including two or more sections each of homework -help, English Language Arts development, Math skills development, and course - specific tutorial instruction. The sessions would be held immediately following the school day. Additionally, academic enrichment and extra- curricular activities would be provided from 4 - 6pm, framed around students' interests. 4. Buffalo can pilot the use of Single- gender classrooms, beginning in the fourth grade with the idea of reducing class distractions and enabling socially adapted instruction. 5. Buffalo can begin the process of connecting schools to the communities in which they reside by returning to schools in which 80% of the students are within walking distance for the students. 6. Buffalo has already begun developing the infrastructure of a dynamic parent engagement program, framed around an office of parent involvement and parent facilitators at each school. Buffalo can strengthen this program by increasing the hours the initiative is staffed by a parent facilitator, involve parents in school -based orientations and quarterly information sharing, and immediate services to address deportment and absenteeism problems. B. City -wide promotion of the development of Buffalo into a Say Yes to Education Community C. Work through the churches, community -based organization and students' family and friend networks to identify a "Say Yes to the Future" mentor for every 10 students in the District to coach every student to achieve tuition -paid entry into a college or vocational certification program. D. Assemblywoman Crystal Peoples- Stokes will merge her 2020 initiative with this mentoring initiative. E. Work with the churches and community -base groups to create "Are you in line for your future" events and activities to promote children staying on track to reach this goal. References: Hassel, B.C. "Restructuring: What We Know About the NCLB Options." Center on Innovation and Improvement. Retrieved from: www. centerii. org/.../ Hassel %20Presentation %20W hat %20Works %20W h... Igoe, Kyla (2013). Buffalo Public School District Must Change Transfer Policy. Buffalo News, June 7, 2013. Updated Jun 7, 2013 at 12:24 AM EDT http : / /www.wkbw.com /news /local /Buffalo - Public -S chool- District - Must - Change- Transfer - Policy- 210519061. htmlTan, Sandra (2013),School district struggles over state ruling on students' right to transfer. Buffalo News, June 4, 2013. Retrieved from: http : / /www.buffalonews.com/ apps /pbcs.dll /article ?AID= /20130604 /CITYAN DREGION/130609663/1010 REFERRED TO THE SPECIAL COMMITEE ON EDUCATION NO. 1249 B. LICATA — ARTICLE -STATE LEGISLATION WOULD HELP POLICE AGENCIES IMPROVE THEIR OPERATIONS Copy available for review in the City Clerk's Office REFERRED TO THE SPECIAL COMMITTEE ON POLICE OVERSIGHT NO. 1250 D. PRIDGEN -R. MURRAY -EC INDUSTRIAL DEV AGENCY CURTISS BFLO INC. LEAD AGENCY DESIGNAITON FOR SEQRA REVIEW Erie County Industrial Development Agency Curtiss Buffalo, Inc. (the "Company ") Project Address: 204 -216 Franklin Street, Buffalo, NY Lead Agency Designation for Coordinated SEQRA Review Dear Common Council President Pridgen: The Erie County Industrial Development Agency (the "Agency ") is in receipt of an application for financial assistance, as attached, by the Company with respect to the above - captioned project (the "Project ") as referenced above. Please accept this letter on behalf of the Agency as a notice of the Agency's intention to establish itself as Lead Agency for purposes of reviewing the Project pursuant to the State Environmental Quality Review Act ( "SEQRA ") and, specifically, 6 N.Y.C.R.R. § 617.6(b)(3)(1) In the SEQRA regulations. Based on the information contained in the Full Environmental Assessment Form ( "EAF "), as attached, the Project involves the renovation of a building listed on the New York State Register of Historic Places and should be considered a Type I action subject to a coordinated review. The Company has listed the Common Council of the City of Buffalo (the "Common Council ") as an involved agency for SEQRA purposes based on its anticipated use of a certain Restore New York grant being facilitated by the Common Council. As you may or may not be aware, the City of Buffalo Planning Board (the "Planning Board ") has already undertaken its own SEQRA review and issued its Negative Declaration, pursuant to SEQRA, on October 6, 2009, with respect to the Project. Unfortunately, at that point in time, the Company did not list the Agency as an involved agency, and as such, as a procedural matter, the Agency must now undertake its own SEQRA review of the Project. To this end, we ask that the Common Council waive the 30 -day Lead Agency notice period and consent to the Agency's intention to serve as Lead Agency by acknowledging this letter in the space provided below and emailing or faxing an acknowledged copy to my attention. Please accept my thanks on behalf of the Agency for your assistance in this matter and please do not hesitate to contact me with any questions or concerns. Very truly yours, Robert G. Murray Mr. Smith moved: That the Common Council hereby concurs with the establishment of the Erie County Industrial Development Agency as Lead Agency for purposes of concluding a coordinated review of the Curtiss Buffalo, Inc. project. PASSED AYES 9, NOES 0 NO. 1251 D. RIVERA- ARTICLE -GREEN INFRASTRUCTURE TO MITIGATE POLLUTION Dear Mr. Chwalinski Please have the attached article filed for the next Common Council meeting. I would like to have a discussion on the potential for green infrastructure to mitigate pollution in Buffalo. Adapt Oakland launches new vision for a greener city Adapt Oakland is helping take on West Oakland's health hazards with the power of plants. This new project by the Oakland nonprofit Urban Biofilter, brings together community organizers and experts in creating a master plan to protect the community from pollutant using "green infrastructure." Solutions like living walls, trellises and green roofs cover buildings with plants that filter the air of emission and help keep storm water under control. The idea stemmed from a previous planning project, partnered with Merritt College, envisioning ways to use green infrastructure that creates jobs and could be built quickly. For example: Using bamboo at OT -41 z, the central hub of independent West Oakland truckers, to help improve air quality for those closest to diesel pollution - the truckers themselves. Using their research and experience, Adapt Oakland will create an online "toolkit" to help the state, cities and existing green projects explore green infrastructure options and find funding to support them. "We're tackling some of the biggest battles, which is how to get people to work together and helping people to fund things," Urban Biofilter co- founder Brent Bucknum said. "But if you're collaborative and bring people good ideas that are cost effective, it's going to be hard for them to turn it down." Read more of this story and news of Oakland Local: http: / /bit.ly /l6yTbun. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 1252 D. SMITH -E. WAIGHT- APPEALING DECISION TO REMOVE SIDEIN FROM 30 PLEASANT Mr. Smith I realize that your time is valuable, so I would like to thank you in advance for extending me a portion of your very busy schedule. The Preservation Board declined my request to complete the siding on the property located at 30 Pleasant PI. Their decision was based on historical trends and other like situations that came up in recent past. I have attached my original letter that I mailed directly to Angela Webb to inform the board on why I thought the location was not going to be highly affected to complete the project, outlined belong are the reasons: 1. This street has a total of 9 properties, of which 5 already has siding. Mine would have been 6 2. To keep the property in its current condition has severely brought down property value and quality 3. Preserving this location would mean to bring all properties to like condition -- -which would favor the newer updated siding material since better than 55% is already sided My intent is to help embrace Buffalo's vision for upgrading streets and neighborhood while rejecting all those who buy properties to make a quick buck without making an investment in the infrastructure of the city. I believe the process for granting permission should be decided on a case by case basis while considering all factors and voting to improve the current state; in some cases this may warrant a slight deviation from the norm. I humbly request you to revisit the boards decision in favor of my completing the siding of this property as I look to improve and restore each neighborhood one property at a time. Respectfully, Elvin Waight(Representing Anthony Michael Patten) REFERRED TO THE COMMITTEE ON LEGISLATION NO. 1253 A. TRUSSO- REQUEST PARKING METERS ON NORTH BTWN DELAWARE AND ELMWOOD I am the owner of the Lenox Hotel & Lenox Grill along with several other properties in the city of Buffalo. I am writing you today to ask for your help and to propose a mutually beneficial solution. Recently parking enforcement has been ticketing the Lenox Grill patrons excessively (as the photos show there is no parking on the north side of North Street across from the hotel.) I use the term Excessive because they ticket cars and then sit in Walgreens parking lot and wait till 12:01 and issue them a second ticket. My mutually beneficial solution is to request meters or pay parking machines to be installed on North Street between Delaware and Elmwood Avenue. This would not only raise revenue for the city through the metered parking and fair ticketing but also keep spaces rotating for our customers. I look forward to hearing from you and working with you on this project. Sincerely, Anthony F. Trusso REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT AND THE COMMISSIONER OF PARKING NO. 1254 P. WEBERG, PE -FEMA UPDATING FLOOD MAPS Dear Mr. Gerald Chwalinski, The Department of Homeland Security's Federal Emergency Management Agency (FEMA) is focused on updating the floodplain maps for coastal regions throughout the United States, and this includes all five of the Great Lakes. The Lake Erie Watershed Discovery project is the beginning of an interactive process that results in a watershed -wide assessment of existing flood hazard mapping needs, existing information useful in updating the Flood Insurance Rate Maps (FIRMs) and ultimate recommendations for the development of updated Risk Mapping, Assessment and Planning (Risk MAP) and Flood Insurance Rate Map products. The Risk Mapping, Assessment, and Planning I, Risk MAP) program is designed to deliver quality data that increases awareness of flood risks and leads to mitigation activities which reduce the potential loss of life and property. To achieve this goal FEMA and RAMPP are continuing to work with communities within the Lake Erie Watershed to determine if additional floodplain and flood risk mapping products are needed. To learn more about FEMA's Risk MAP program, visit http: / /www.fema.gov /rm -main. In May 2014 FEMA and RAMPP held several webinars to kick off the Lake Erie Watershed Discovery. During these meetings, an overview of FEMA's Risk MAP Discovery process was provided as well as an interactive portions to being the discussion of each community's flood mapping needs, development pressures, and to request any data each community or county may have that would be useful in the flood mapping process. Meeting minutes and the presentations from these WebEx meetings can be found at https : / /www.rampp - team.convnv.htm As a follow up to the webinars, FEMA and RAMPP will be holding a Discovery Stakeholder Meeting in three locations for communities, agencies, interested organizations and watershed groups within the Buffalo - Eighteenmile Creek Watershed, Chautauqua- Conneaut Watershed, and the Cattaraugus Creek Watershed. The meeting location is as follows: Date and Time Counties Meeting Locations Tuesday, June 10, 2014 Erie and Genesee Woodlawn Beach State Park 9:30 AM to 12 PM S -3580 Lakeshore Rd Blasdell, NY 14219 Tuesday, June 10, 2014 Chautauqua JCC North County Training Facility 2:30 PM to 5PM 10785 Bennett Road Dunkirk, NY 14048 Wednesday, June 11, 2014 Allegany, Cattaraugus, Town of Concord Court 9:30 AM to 12 PM Wyoming 86 Franklin Street Springville, NY 14141 The purpose of the Discovery Meeting is to review the information stakeholders provided during the Virtual meetings and collected from the submitted online Community Survey ( https:// www. surveymonkey .com /s /LakeErieDiscove[y). The meeting will provide an opportunity to discuss the floodplains and floodplain management activities throughout the watershed, discuss your community's mitigation plan, mitigation projects as well as any flood risks or concerns. The information provided will be used by FEMA when developing the Risk MAP project scope, including development of new Digital Flood Insurance Rate Maps (DFIRMs). In addition to updated DFIRMs, flood risk mapping projects may include the development of easy -to -use risk assessment tools and data where appropriate. Other Risk MAP projects may range from activities involving mitigation projects or planning, communication and outreach support, or other related efforts that reinforce a community's flood resiliency. Kindly confirm your organization's attendance via email to Iakeeriediscovely O- ram pp- team.com or by phone at 716 - 949 -6327 by Thursday June 5, 2014. Please extend this invitation to other interested individuals in your organization. We would welcome attendance and feedback from your organization since this will be the primary opportunity for stakeholders to learn about the Risk MAP program and provide local input to proposed watershed projects. If you have any questions, please contact either Rachael Herman at rherman @dewberrV.com or 716 - 949 -6327 or Robyn Boyd at rboyd @dewberrv.com or 703 - 849 -0644. We look forward to your participation. Sincerely, Paul Weberg, P.E. RECEIVED AND FILED NO. 1255 B. YUNKE -CITY OF AUSTIN - RIDESHARE DRIVERS CITED Rideshare Drivers Cited Over the Weekend The City of Austin is cracking down on drivers working for peer -to -peer rideshare companies. Lyft launched its service late last week. Most drivers can be identified by the pink fluffy mustache slapped on the front of their car. "Everybody that picks Up gets a fist pump," said Kristal Braley who works for the company. Braley spoke to KEYE TV when Lyft first started. She confirmed they only seek donations. "We can't force you to pay, we can't actually charge you," said Braley. But the Austin Transportation Department and Austin Police Department say it is still illegal. That's why they are on the lookout seven days a week. "We find many of the vehicles are loaded with many more people than the vehicle is designed for," said APD Lt. Christian Malanka. This weekend four people found out the hard way that these rideshare services are not allowed. "They cited three Lyft operators," said City of Austin transportation director Gordon Derr. Authorities impound two vehicles and cited a third driver. The fourth was not associated with Lyft but cited and towed as well. Derr says companies like Lyft are acting like this is the Wild West. "The drivers and companies we regulate, we have background checks we make sure the vehicles are safe. We make sure there is the appropriate insurance," Derr said. Lyft still claims it is operating within the city code. A spokesperson released this statement: "Regrettably, 3 drivers received citations and 2 cats were impounded due to a City of Austin sting operation that took place in downtown Austin near the Four Seasons Hotel We responded immediately to provide support and we are also covering the cost of impound fees and any necessary legal assistance. We're always committed to supporting the Lyft community, especially as we work through challenges at the city levels to help leaders better understand this unique model and the benefit it brings to Austin. Lyft firmly believes our platform is operating legally, as Austin's transportation code does not contemplate our peer -to -peer model. In at least one of the cases, staff purposely left cash behind in an effort to entrap a driver. As a reminder, no cash is exchanged as part of the Lyft platform and free ride credits are currently being used for all Lyft rides. With that backing Braley says she will continue to drive. "Obviously nothing is full proof, but Lyft does what they can to protect the riders and drivers," she says. The City of Austin is working on a six -month stakeholder process to allow rideshare services. Until that is finalized any unpermitted drivers face up to $500 in fines and could be towed. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT AND THE SPECIAL TASK FORCE TAXI AND LIVERIES PETITIONS NO. 1256 J. MOLEK, AGENT, USE 1435 HERTEL -ERECT AN OPEN BALCONY FOR SIT -IN RESTAURANT WHICH PROJECTS ONTO CITY ROW (HRG 06 /17)(DEL) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 1257 B. LATT, OWNER, USE 116 LAFAYETTE -ALTER EXISTING ONE FAMILY DWLG TO INCLUDE A RESIDENTIAL BEAUTY PARLOR (HRG 06/17)(NIA) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 1258 S. MUCINO, AGENT, USE 765 ELMWOOD -FOR AN OUTDOOR PATIO ON CITY ROW IN THE ELMWOOD AVE BUSINESS DISTRICT (HRG 06 /17)(DEL) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 1259 B. SIEGEL, AGENT, USE 153 ELMWOOD - ALTERATIONS AND RENOVATION TO A SIT -IN RESTAURANT AND OUTDOOR PATIO IN THE ELMWOOD AVENUE BUSINESS DISTRICT (HRG 06 /17)(FILL) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 1260 I. KARANOVIC, OWNER, USE 1941 CLINTON ST. FOR A USED APPLIANCE STORE IN THE CLINTON ST SPECIAL DISTRICT (HRG 06/17)(LOV) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 1261 E. BUSCAGLIA, OWNER, USE 244 ALLEN FOR EXPANSION OF EXISTING BAR/RESTAURANT IN THE ALLEN ST. SPECIAL DISTRICT (HRG 06 /17)(FILL) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 1262 S. TESTA, OWNER, USE 1200 HERTEL TO REESTABLISH A RESTAURANT WITH AN OUTDOOR CARD IN THE HERTEL AVE SPECIAL DISTRICT (HRG 06 /17)(DEL) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 1263 J. JARNOT, AGENT, USE 1400 BAILEY FOR A LED POLE SIGN (NO HRG)(LOV) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 1264 LOCURTO- PETITION T. ELSINGHORST & O- PRESERVE THE HISTORIC PAN AMERICAN EXHIBITION ERA Dear Mr. Chwalinski: Please file the attached item for further discussion at the next Common Council session to be held on June 10 2014. Thank you in advance for your assistance in this matter. We demand that the City of Buffalo stop granting permits for curb cuts, driveways, parking pads, and parking areas proposed to be constructed on Bird Avenue between Delaware Avenue and Berkley Place. We want to stop "House- flippers" and real estate developers from destroying the historic character of our neighborhood for personal gain. REFERRED TO THE COMMISSIONER OF PARKING AND THE ZONING BOARD OF APPEALS REGULAR COMMITTEES CIVIL SERVICE (RASHEED N.C. WYATT, CHAIRPERSON) NO. 1265 APPOINT SENIOR ADMINISTRATIVE ASSISTANT (PERM)(INTER)(CASH)(STRAT PLAN) CCP# 1098 14 -05/27 Mr. Wyatt moved: That Communication 1098 of May 27, 2014, be received and filed and that the Permanent Appointment of Joelle Cash, 346 Villa Avenue, Buffalo, NY 14216 at the Intermediate Salary of $50,024.00 is hereby approved. PASSED AYES -9 NOES -0 NO. 1266 NOTICES OF APPOINTMENTS - TEMP /PROV /PERM CCP# 14,1098 05/27 Mr. Wyatt moved: That the above item be the same and hereby is Received and Filed ADOPTED FINANCE (RICHARD A. FONTANA CHAIRMAN) NO. 1267 REQUEST TO PURCHASE VEHICLES (PARKING) (ITEM NO. 1127, C.C.P., MAY 27, 2014) Mr. Fontana moved: That the above item be, and the above communication from the Commissioner of Parking, dated May 15, 2014, be received and filed; and That the Common Council hereby authorizes the Commissioner of Parking to purchase one (1) Ford F250 pickup truck medium duty 4 x 4 long box, regular cab. Funds are available in Parking Budget line #11413007 - 474200. PASSSED AYES 9, NOES 0 COMMUNITY DEVELOPMENT (JOSEPH GOLOMBEK, JR., CHAIRMAN) NO. 1268 REPORT OF SALE - 19 AND 29 BREWSTER AND 89 JEWETT (MASTEN)(STRAT PLAN) (ITEM NO. 1096, C.C.P., MAY 27, 2014) Mr. Golombek moved: That the above item be, and the same hereby is, returned to the Common Council with a recommendation for approval; That the offer from Mr. Matthew Wolfe on behalf of Market on Main, Inc., 2495 Main Street, Buffalo, New York 14214 in the amount of Four Thousand Seven Hundred Twenty -Five Dollars ($4,725.00) for the purchase of 19 and 29 Brewster and 89 Jewett be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES 9, NOES 0 NO. 1269 R. JACKSON & O- SUPPORT FRUIT BELT HISTORY ( #14 -1154, MAY 27) Mr. Golombek now moves that the above item is hereby referred to the Committee on Legislation. ADOPTED NO. 1270 S. BADOW -LNFO PARENT NETWORK OF WNY ( #14 -1026, MAY 13) Mr. Golombek now moves that the above item is hereby referred to the Special Committee on Education. ADOPTED LEGISLATION (CHRISTOPHER P. SCANLON, CHAIRMAN) NO. 1271 USED CAR DEALER - 321 HAMPSHIRE (NIA)(DPIS) (ITEM NO. 1124, C.C.P., MAY 27, 2014) Mr. Scanlon 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 the Department of Economic Development, Permits and Inspections Services is hereby authorized pursuant to Chapter 254 of the City Code to issue a Used Car Dealer License to El Sadig Bishara d /b /a African Business, located at 321 Hampshire upon the following conditions: • Limited to five (5) cars at a time; • No outdoor repair of cars. Limited to indoor work; • Maintain property appearance and keep front space free of debris. PASSED /COND AYES 9, NOES 0 NO. 1272 USED CAR DEALER - 303 HOPKINS (SOUTH)(DPIS) (ITEM NO. 1125, C.C.P., MAY 27, 2014) Mr. Scanlon moved: That the above item be, and the same hereby is, returned to the Common Council with a recommendation for approval; Mr. Scanlon now moved that the above item be recommitted to the Committee on Legislation. ADOPTED NO. 1273 USED CAR DEALER - 2214 GENESEE (LOV)(DPIS) (ITEM NO. 1126, C.C.P, MAY 27, 2014) Mr. Scanlon 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 the Department of Economic Development, Permits and Inspections Services is hereby authorized pursuant to Chapter 254 of the City Code to issue a Used Car Dealer License to Mohammed Memon d /b /a I K Motors Inc., located at 2214 Genesee upon the following conditions: 1) FIVE (5) CAR LIMIT AS STATED 2) MUST COMPLY WITH SIGN LAWS PASSED /COND AYES 9, NOES 0 NO. 1274 RESTRICTED USE PERMIT - 75 W. CHIPPEWA (ELL) (CITY CLK) (ITEM NO. 1128, C.C.P., MAY 27, 2014) Mr. Scanlon moved: That the above item be, and the same hereby is, returned to the Common Council with a recommendation for approval; That the application for a restricted use permit in the downtown entertainment review district to permit entry of patrons under the age of 21 where alcohol is served at an event to occur on June 6, 2014 is hereby approved. PASSED AYES 9, NOES 0 NO. 1275 RESTRICTED USE PERMIT - 75 W. CHIPPEWA (ELL) (CITY CLK) (ITEM NO. 1129, C.C.P., MAY 27, 2014) Mr. Scanlon moved: That the above item be, and the same hereby is, returned to the Common Council with a recommendation for approval; That the application for a restricted use permit in the downtown entertainment review district to permit entry of patrons under the age of 21 where alcohol is served at an event to occur on June 20, 2014 is hereby approved. PASSED AYES 9, NOES 0 NO. 1276 RESTRICTED USE PERMIT - 69 W. CHIPPEWA (EL1) (CITY CLK) (ITEM NO. 1130, C.C.P., MAY 27, 2014) Mr. Scanlon moved: That the above item be, and the same hereby is, returned to the Common Council with a recommendation for approval; That the application for a restricted use permit in the downtown entertainment review district to permit entry of patrons under the age of 21 where alcohol is served at an event to occur on June 19, 2014 is hereby approved. PASSED AYES 9, NOES 0 NO. 1277 RESTRICTED USE PERMIT - 69 W. CHIPPEWA (ELL) (CITY CLK) (ITEM NO. 1131, C.C.P., MAY 27, 2014) Mr. Scanlon moved: That the above item be, and the same hereby is. returned to the Common Council with a recommendation for approval; That the application for a restricted use permit in the downtown entertainment review district to permit entry of patrons under the age of 21 where alcohol is served at an event to occur on June 26. 2014 is hereby approved. PASSED AYES 9, NOES 0 NO. 1278 RESTRICTED USE PERMIT - 69 W. CHIPPEWA (ELL) (CITY CLK) (ITEM NO. 1132, C.C.P., MAY 27, 2014) Mr. Scanlon moved: That the above item be, and the same hereby is, returned to the Common Council with a recommendation for approval; That the application for a restricted use permit in the downtown entertainment review district to permit entry of patrons under the age of 21 where alcohol is served at an event to occur on July 10, 2014 is hereby approved. PASSED AYES 9, NOES 0 NO. 1279 RESTRICTED USE PERMIT - 69 W. CHIPPEWA (ELL) (CITY CLK) (ITEM NO. 1133, C.C.P., MAY 27, 2014) Mr. Scanlon moved: That the above item be, and the same hereby is, returned to the Common Council with a recommendation for approval; That the application for a restricted use permit in the downtown entertainment review district to permit entry of patrons under the age of 21 where alcohol is served at an event to occur on July 24, 2014 is hereby approved. PASSED AYES 9, NOES 0 NO. 1280 S. KROLL -STATE LEG RESOLUTION - SUPPORT CC PLAN TO PROTECT PROPERTY OWNERS OF THE FRUIT BELT FROM RISING COSTS OF PROPERTY TAXES (C.C.P #14 -1146, MAY 27) Mr. Scanlon now moves that the above item be Received and Filed. ADOPTED NO. 1281 NYSDEC -ENV CLEANUP ACTIVITIES COMPLETE -858 E. FERRY(MAS) (C.C.P #14 -1147, MAY 27) Mr. Scanlon now moves that the above item be Received and Filed. ADOPTED NO. 1282 D. SMITH - RESEARCH ON E. CIGARETTES (C.C.P #14 -1151, MAY 27) Mr. Scanlon now moves that the above item be Received and Filed. ADOPTED NO. 1283 T. BRIATICO, RA, AGENT, USE 1064 SYCAMORE FOR A VESTIBULE & STAIRS IN THE CITY ROW (NO HRG)(FILL) That the above item be and hereby is referred to the Common Council without a recommendation: Mr. Scanlon now moves that the above item be Recommitted to The Committee on Legislation. ADOPTED NO. 1284 ORDINANCE AMENDMENT - CHAPTER 78 - ANIMALS FERAL CATS (ITEM NO. 1199, C.C.P., MAY 27, 2014) Mr. Scanlon moved: That the above item be, and the same hereby is, returned to the Common Council with a recommendation that it be approved; That the part of the Code of the City of Buffalo, Article VII, §78 -34 as it relates to feral cats be amended as specified in the attached Ordinance Amendment. PASSED AYES 9, NOES 0 NO. 1285 J. POPIELA, AGENT, TO USE 2300 DELAWARE TO ERECT A FREE - STANDING POLE SIGN (NORTH)(DPIS) (ITEM NO. 1180, C.C.P., MAY 27, 2014) Mr. Scanlon moved: That the above item be, and the same hereby is, returned to the Common Council without recommendation; Mr. Scanlon now moves that the above item be recommitted to the Committee on Legislation. ADOPTED NO. 1286 APPLICATION FOR LANDMARK STATUS HIGH ST HISTORIC DISTRICT(196,204,226 HIGH) (PRES BD)(PUB HRG 6/03)( #14- 976,MAY 13) That the above item be and hereby is referred to the Common Council without a recommendation: Mr. Scanlon now moves that the above item be Recommitted to The Committee on Legislation. ADOPTED NO. 1287 FOOD STORE LICENSE (NEW) - 1618 MAIN STREET (E11)(DPIS) (ITEM NO. 788, C.C.P., APR. 15, 2014) Mr. Scanlon 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 Dolgencorp of NY d /b /a Dollar General Store located at 1618 Main Street. PASSED AYES 9, NOES 0 NO. 1288 FOOD STORE LICENSE (NEW) - 516 ABBOTT (SOUTH)(DPIS) (ITEM NO. 561, C.C.P., MAR. 18, 2014) Mr. Scanlon 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 Saleh Alyazeedi d /b /a South Buffalo Food located at 516 Abbott. PASSED AYES 9, NOES 0 NO. 1289 FOOD STORE LICENSE (NEW) - 272 GEORGIA (FILL)(DPIS) (ITEM NO. 563, C.C.P., MAR. 18, 2014) Mr. Scanlon 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 Naji Alzaheri d /b /a Georgia Deli located at 272 Georgia upon the following conditions: -HOURS OF OPERATIONS SHALL BE 8:OOAM TO 11 PM SUNDAY- THURSDAY AND 8:30AM TO MIDNIGHT FRIDAY & SATURDAY -MUST HAVE WORKING SERCURITY CAMERAS INSIDE & OUTSIDE OF STORE AND MUST MAKE TAPES AVAILABLE UPON REQUEST. "NO LOITERING' SIGNS TO BE POSTED AND ENFORECED BYSTORE EMPOLOYEES -NO SPRAY PAINTED, HAND PAINTED OR AIR- BRUSHED SIGNAGE OR GRAPHICS ON BUILDING MUST HAVE TRASH RECTABLES - OUTSIDE STORE & BE MAINTAINED -NO OUTSIDE SIGNAGE ADVERTISING TOBACCO, GAMBLING ILO ITERY), OR ALCOHOL -NO SELLING OF LOOSE ITEMS- CIGARETTES, DIAPERS, ETC. -NO PAYPHONES OUTSIDE OF STORE -NO BLOCKING OF WINDOWS -ALL MECHANICAL EQUIPMENT MUST BE IN WORKING ORDER -ANY BROKEN WINDOWS MUST BE REPAIRED WITH 72 HOURS -NO SMOKING IN BUILDING -ANY GRAFITTI MUST BE REMOVED WITH 72 HOURS -NO VECHICLES TO BE PARKED ON SIDEWALKS PASSED /COND AYES 9, NOES 0 NO. 1290 D. PRIDGEN -FERAL AND COMMUNITY CAT REGULATION (C.C.P #13 -50, DEC 10) Mr. Scanlon now moves that the above item be Received and Filed. ADOPTED NO. 1291 T. PIERCE, OWNER, TO USE 3223 BAILEY FOR A USED CAR DEALER IN THE KENSINGTON - BAILEY SPECIAL DISTRICT (UNIV)(DPIS) (ITEM NO. 32, C.C.P., NOV. 12, 2013) Mr. Scanlon 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 the Department of Economic Development, Permits and Inspections Services is hereby authorized pursuant to Chapter 254 of the City Code to issue a Used Car Dealer License to T. Pierce to use 3223 Bailey for a used car dealer in the Kensington - Bailey Special District for Use Car Sales. PASSED POLICE OVERSIGHT (DAVID A. RIVERA, CHAIRMAN) NO. 1292 J. MASCIA -JOINT COMM TO EXAMINE POLICE REORG QUARTERLY REPORT (C.C.P #39, DEC 13) Mr. Rivera now moves that the above item be Received and Filed. ADOPTED NO. 1293 J. MASCIA -MNGT STUDIES AND AUDIT FOR THE 21 CENTURY (C.C.P #40, DEC 13) Mr. Rivera now moves that the above item be Received and Filed. ADOPTED NO. 1294 J. MASCIA - PROFESSIONAL POLICE SERVICES IN THE 21 CENTURY (C.C.P #41, DEC 13) Mr. Rivera now moves that the above item be Received and Filed. ADOPTED NO. 1295 J. MASCIA- TECHNICAL ASSISTANCE REPORT -BFLO POLICE DEPT REVISITED (C.C.P #42, DEC 13) Mr. Rivera now moves that the above item be Received and Filed. ADOPTED NO. 1296 R. FONTANA- ARTICLE BFLO TEEN ACCUSED IN CKTG BURGLARIES (C.C.P #26, NOV 15) Mr. Rivera now moves that the above item be Received and Filed. ADOPTED NO. 1297 S. BERHASH-COM PLAINT MOVING VIOLATION (C.C.P #40, NOV 1) Mr. Rivera now moves that the above item be Received and Filed. ADOPTED NO. 1298 RESPONSE POLICE DEPT - REQUEST FOR INFO ON BEHALF OF COUNCIL POLICE REORG COMM (C.C.P #13, OCT 4) Mr. Rivera now moves that the above item be Received and Filed. ADOPTED NO. 1299 J. MASCIA -JOINT COMM BFLO POLICE REORG QUARTERLY REPORT (C.C.P #56, APRIL 5) Mr. Rivera now moves that the above item be Received and Filed. ADOPTED NO. 1300 FUGITIVE SAFE SURRENDER (C.C.P #100, FEB 22) Mr. Rivera now moves that the above item be Received and Filed. ADOPTED NO. 1301 CELL BLOCK AGREEMENT WITH ERIE COUNTY(COMPT)(# 12,11/16) (C.C.P #41, JAN 11) Mr. Rivera now moves that the above item be Received and Filed. ADOPTED NO. 1302 M. KEARNS -J. O'DONNELL- LETTER REQUESTING DEPUTY POLICE COMM POSITION (C.C.P #57, APRIL 27) Mr. Rivera now moves that the above item be Received and Filed. ADOPTED NO. 1303 DRUG ASSET FORFEITURE WIRE TRANSFERS (POL) (C.C.P #25, MAR 31) Mr. Rivera now moves that the above item be Received and Filed. ADOPTED RESOLUTIONS NO. 1304 BY: COUNCIL MEMBER RICHARD A. FONTANA NAMING OF SEHEU PARK GREEN SPACE "MARY JEAN SLOAN PARK" Whereas, a small green space area located on Scheu Park between Sumner Ave and Brinkman Ave, has been a place of gathering and community recreation; Whereas, Mary Jean Sloan, a former President and founding member of the Sumner - Brinkman Block Club, regularly held meetings of the Block Club on the Scheu Park green space to work towards the continuous improvement of the community through diligence, forward thinking and cooperation amongst neighbors; Whereas, This Common Council finds it a fitting tribute to name the green space area located on Scheu Park between Brinkman Avenue and Sumner Place "Mary Jean Sloan Park," after Mrs. Sloan's untimely passing in 2013; Whereas, It is the hope of the Common Council that naming this green space "Mary Jean Sloan Park" will allow the legacy of Mary Jean's unique and exuberant spirit and unending care for others to inspire many generations to come; Whereas, currently this green space has no official name; and Whereas, Section 286 -3 of the buffalo City Code authorizes a member of the Common Council to consider the naming of a park; Now Therefore Be It Resolved that the City of Buffalo Common Council 1) Approves the request to name the green space area located at Scheu Park, "Mary Jean Sloan Park" 2) Request that the City Clerk be directed to file a notice of intention, which directs a public hearing on the proposed naming in accordance with Chapter 286- 3 of the Buffalo City Code; 3) That copies of this resolution be sent to the Department of Public Works, Corporation Counsel; and the City Clerk. ADOPT RESOLVES REFER REMAINDER TO THE COMMITTEE ON LEGISLATION NO. 1306 BY: COUNCIL MEMBER RICHARD A. FONTANA WAIVER OF DISPOSAL FEES FOR FISCAL YEAR 2014/2015 Whereas, Habitat for Humanity has an excellent reputation as a 501 (C) (3) not - for - profit organization that provides decent and affordable housing for people in Buffalo; Whereas, the Habitat for Humanity volunteer workforce Continues to rehabilitate older homes and build new ones to strengthen The City of Buffalo by increasing home ownership and creating additional property tax revenues; Whereas, waiving disposal fees for the fiscal year 2014/2015 will directly reduce their building costs and free up construction dollars that can be used to complete additional projects Now, Therefore Be It Resolved that 1) Requests that Department of Permits & Inspection Services and the Department of Public Works, waive all Disposal fees for the next fiscal year 2014/2015; 2) Directs the City Clerk to forward copies of this resolution to the Department of Permits & Inspections and the Department of Public Works. PASSED AYES 9, NOES 0 NO. 1307 BY: MR. FRANCZYK AND MR. LOCURTO WAIVE SPECIAL EVENT APPLICATION FEE FOR 6 T " ANNUAL BBQ AND BLUES BASH Date: 30 May 2013 Whereas, Gate - Longview is a child and family service organization that has been providing care, counseling and Support to countless children and families since 1980; and Whereas, On Friday, June 20, 2014, the 6 th annual BBQ and Blues Bash will take place on Mississippi Street in the Cobblestone District; and Whereas, Live blues music and some of the area's best barbeque will be available for this fundraiser which benefits Gateway- Longview; and Whereas, The organizers have applied with the special events committee and will obtain all necessary permits and insurance for the event; Now, Therefore Be It Resolved: That the Common Council of the City of Buffalo waives the special event application fee associated with the 6 Annual BBQ and Blues Bash on Mississippi Street in the Cobblestone District being held on Friday, June 20, 2014; and Be It Further Resolved: That copies of this resolution be sent to the Office of Special Events, the Corporation Counsel and the Department of Public Works, Parks and Streets. PASSED AYES 9, NOES 0 NO. 1308 BY: MR. GOLOMBEK NO. 1305 BY: MR. FONTANA TRANSFER OF FUNDS - COMMON COUNCIL 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: 10102001 - 411001 Legislative Salary $30,000.00 10102001- 415001 Legislative Auto Allowance $ 100.00 10102003 - 441004 Legislative Telephone $ 800.00 10102004 - 458001 Legislative Transportation $ 1,500.00 10102004 - 458002 Legislative Meals $ 600.00 10102004 - 458003 Legislative Registration $ 1,650.00 10102005 - 461002 Legislative Contract Vendor $10,000.00 10102005 - 466000 Legislative Building Supplies $ 1,800.00 10102006 - 442000 Legislative Cleaning Services $ 5,500.00 10102006 - 443301 Legislative Machinery $ 2,000.00 10102006 - 443400 Legislative Maintenance $ 1,012.00 10102006 - 444101 Legislative Rental $ 1,000.00 10102006 - 444201 Legislative Rental of Equipment $ 2,000.00 10102006 - 455000 Legislative Printing $ 1,500.00 10102006 - 455100 Legislative Internal Print Shop $ 2,500.00 10102006 - 480000 Legislative Other Services $ 1,000.00 To: 0220006 - 434004 Common Council Neighborhood Initiatives $62,962.00 PASSED AYES 9, NOES 0 NO. 1306 BY: COUNCIL MEMBER RICHARD A. FONTANA WAIVER OF DISPOSAL FEES FOR FISCAL YEAR 2014/2015 Whereas, Habitat for Humanity has an excellent reputation as a 501 (C) (3) not - for - profit organization that provides decent and affordable housing for people in Buffalo; Whereas, the Habitat for Humanity volunteer workforce Continues to rehabilitate older homes and build new ones to strengthen The City of Buffalo by increasing home ownership and creating additional property tax revenues; Whereas, waiving disposal fees for the fiscal year 2014/2015 will directly reduce their building costs and free up construction dollars that can be used to complete additional projects Now, Therefore Be It Resolved that 1) Requests that Department of Permits & Inspection Services and the Department of Public Works, waive all Disposal fees for the next fiscal year 2014/2015; 2) Directs the City Clerk to forward copies of this resolution to the Department of Permits & Inspections and the Department of Public Works. PASSED AYES 9, NOES 0 NO. 1307 BY: MR. FRANCZYK AND MR. LOCURTO WAIVE SPECIAL EVENT APPLICATION FEE FOR 6 T " ANNUAL BBQ AND BLUES BASH Date: 30 May 2013 Whereas, Gate - Longview is a child and family service organization that has been providing care, counseling and Support to countless children and families since 1980; and Whereas, On Friday, June 20, 2014, the 6 th annual BBQ and Blues Bash will take place on Mississippi Street in the Cobblestone District; and Whereas, Live blues music and some of the area's best barbeque will be available for this fundraiser which benefits Gateway- Longview; and Whereas, The organizers have applied with the special events committee and will obtain all necessary permits and insurance for the event; Now, Therefore Be It Resolved: That the Common Council of the City of Buffalo waives the special event application fee associated with the 6 Annual BBQ and Blues Bash on Mississippi Street in the Cobblestone District being held on Friday, June 20, 2014; and Be It Further Resolved: That copies of this resolution be sent to the Office of Special Events, the Corporation Counsel and the Department of Public Works, Parks and Streets. PASSED AYES 9, NOES 0 NO. 1308 BY: MR. GOLOMBEK MOVE SCHOOL BOARD ELECTIONS TO NOVEMBER Date: June 10, 2014 Whereas: In 1974, the Buffalo Board of Education held its first May elections, in an effort to be independent and non - political, and to foster a more concentrated interest and focus for the citizens of Buffalo; and Whereas: In the most recent School Board Election held on May 6, 2014, less than 10% of eligible city voters cast a ballot for the three city -wide at large seats that were being contested by thirteen candidates. In an era where school issues are as important as ever, is it wise to hold an election in May when more than 90% of the voters stay home; and Whereas: Almost 50% of property taxes collected in the City of Buffalo is sent to the Buffalo School district; and Whereas: A November School board election would be more cost effective for the City of Buffalo and would insure greater voter participation in school board races; and Whereas: The Common Council has sponsored resolutions calling for the school board elections to be held in November in 1995, 1997, 2001, 2004, 2005, 2007, 2010 and in 2013 and has also sponsored home rule messages imploring the New York State Senate and Assembly to amend the education law; and Whereas: Neighboring New York State cities Rochester and Syracuse hold their School Board elections in November; and Whereas: November School Board elections would facilitate wider public participation and would make candidates accountable to a larger voting population; and Whereas: Holding Buffalo School Board elections in November with other general elections would foster greater transparency, while making a larger number of voters more aware of the candidates and their positions Whereas: Low voter turnout and the high expense associated with the May School Board elections only makes it all the more prudent to move these elections to coincide with the November general elections; and Whereas: In recent years, the Buffalo Board of Education's May elections have become more and more politicized; and Whereas: Critics contend that moving the elections to November would make the election process too political. The teachers union, a New York City group and the Buffalo Niagara Partnership all backed candidates in the races and spent tens of thousands of dollars backing candidates, a definite indication that May elections do not take the politics out of the races; and Whereas: It is readily apparent that the high expense and low voter turnout associated with the May School board elections make it advisable to move these elections to coincide with the November general elections; Now, Therefore be it Resolved: That the Common Council of the City of Buffalo supports amending New York State Education Law to allow the Buffalo School Board elections to coincide with the November general elections; and Be it Further Resolved: That the Common Council memorializes the New York State Legislature to amend the New York State Education Law to allow for members of the Buffalo Board of Education to be elected at the November general elections; and Be it Finally Resolved: That the City Clerk send copies of this resolution to the Secretary of the New York State Senate, the Clerk of the Assembly, members of the Western New York delegation of the Senate and Assembly, the Erie County Board of Elections, Mayor Byron W. Brown, the School Superintendent, the Buffalo Teachers Federation, the City of Buffalo Board of Education and the Corporation Counsel for their comments. ADOPTED NO. 1309 BY: MR. GOLOMBEK WAIVE BANDSHELL PERMIT FEE FOR 17 ANNUAL DISCOVER AMHERST STREET FESTIVAL Whereas: Black Rock was an independent village before being absorbed by the City of Buffalo in 1863; and Whereas: Discover Amherst Street is an annual festival that celebrates this historic neighborhood, centered along Amherst Street; and Whereas: Discover Amherst Street will feature a parade, historic tours of the Black Rock Community, live music and entertainment and many family - friendly activities throughout the day; and Whereas: The Grant - Amherst Business Association, which sponsors the June 14, 2014 event, is committed to maintaining and improving the City of Buffalo's historic Black Rock community; and Whereas: The City of Buffalo, and the Common Council, supports the 17 Annual Discover Amherst Street; Now, Therefore be it Resolved: That the Common Council commends the Grant - Amherst Business Association for their dedication and devotion to the City of Buffalo and the Black Rock Community; and Now, Therefore be it Resolved: That the Common Council does hereby approve waiving the bandshell rental fee for the 17 Annual Discover Amherst Street festival, taking place on Saturday, June 14, 2014; and Be it Further Resolved: That copies of this resolution be sent to the Department of Public Works, Parks & streets, Department of Permits and inspection Services, City Planning Board, Buffalo Preservation Board and the Corporation Counsel. PASSED AYES 9, NOES 0 NO. 1310 BY: MR. GOLOMBEK WAIVE SPECIAL EVENT APPLICATION FEE FOR 20 ANNUAL GARDEN WALK BUFFALO Whereas: Started in 1995, Garden Walk Buffalo encourages neighborhood beautification and promotes community pride throughout the city. Whereas: Twenty -nine gardens were entered the first year. This year over 400 gardens will be part of the Garden Walk, making the event the largest of its kind in the United States; and Whereas: Most of the gardens are residential, but community spaces, corporate gardens and church gardens have participated in recent years; and Whereas: Garden Walk has become a fundamental part of summer in Buffalo, drawing visitors from Western New York, Southern Ontario and from across the country; and Whereas: In celebration of their 20 anniversary, Garden Walk Buffalo will be hosting a rally, party and community picnic on the South Lawn of the Richardson - Olmsted Complex at 400 Forest Avenue on Saturday, June 28, 2014, from 12 noon to 3:OOpm. The public is welcome to attend this free event; Now, Therefore be it Resolved: That the Common Council commends the Garden Walk Buffalo organizers and volunteers for their dedication and devotion in making the Buffalo Garden Walk the premiere event of its kind in the nation; and Now, Therefore be it Resolved: That the Common Council does hereby approve waiving the Special Events application fee for the 20 anniversary party and community picnic taking place on Saturday, June 28,2014; and Be it Further Resolved: That copies of this resolution be sent to the Director of Special Events, the Department of Public Works, Parks & Streets and the Corporation Counsel. PASSED AYES 9, NOES 0 NO. 1311 SPONSOR: MICHAEL J. LOCURTO 2014 GREATER BUFFALO ITALIAN HERITAGE AND FOOD FESTIVAL Whereas: The North Buffalo Community Development Corporation, Hegel -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 July 17 through July 20 2014 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, July 17th, 2014, to Sunday, July 20th, 2014 (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 will 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 July 17th, through July 20th, 2014, 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 15th, 2014 after 6:00 PM and Wednesday, July 16th, 2014 to be used only as set up days, and Monday, July 21 st, 2014, 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 wii1 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. RECEIVED AND FILED NO. 1312 SPONSOR: COUNCILMEMBER LOCURTO WAIVE PERMIT FEES FOR THE DOLPHIN DASH 5K IN DELAWARE PARK Whereas, A freshman student at the Nardin Academy is organizing the "Dolphin Dash," a 5k run in Delaware Park to raise awareness of the treatment and plight of dolphins worldwide that will help raise funds for the Dolphin Project, a not - for - profit organization that restores freedom to captive dolphins and wales; and, Whereas, The Dolphin Dash will take place on Saturday June 28 2014 from 8:30 am to 12pm on Ring Road in Delaware Park; and NOW, Therefore, Be it Resolved, That: The Common Council hereby waives the permit fees associated with hosting this student's "Dolphin Dash" in Delaware Park on June 28 2014; and, Be It Further Resolved That: A copy of this resolution is sent to the Department of Parks and Recreation and the Department of Special Events. PASSED AYES 9, NOES 0 NO. 1313 SPONSOR: COUNCILMEMBER LOCURTO WAIVE THE PERMIT FEES FOR THE PARKSIDE SUMMER ARTS PROGRAM Whereas, The Parkside Community Association (PCA) is a 501(c)(3) not - for - profit founded in 1963 and is the largest membership -based community association in the City of Buffalo; and, Whereas, For over thirty years, the Parkside Summer Arts Program has provided quality arts education programming for children aged 5 -11 during their summer vacations; and, Whereas, The camp offers a network of instructors skilled in a wide variety of topics with a focus on direct experience, including topics ranging from literacy, math and science, to music, dance and art; and, Whereas, The Summer Arts Program will be held weekdays at St. Mary's School for the Deaf from 9am -3pm, beginning on Monday, July 7 th, 2014, and ending Friday, August 15th2014. Now, Therefore, Be It Resolved That: The Common Council hereby commends the Parkside Community Association for their dedication to education and enrichment of Buffalo children and their families; and, Be It Further Resolved That: The Common Council hereby waives the permit fees associated with holding the Summer Arts Program in Delaware Park from July 7 th 2014, through August 15 2014. Be It Finally Resolved That: A copy of this resolution is sent to the Department of Parks and Recreation and the Department of Special Events. PASSED AYES 9, NOES 0 NO. 1314 BY: COUNCIL PRESIDENT PRIDGEN, COUNCIL PRESIDENT PRO TEMPORE RIVERA AND MAJORITY LEADER DEMONE SMITH REVIEW OF 2006 POLICE INCIDENT Whereas, On November 1, 2006 two City of Buffalo Police Officers were involved in an incident which over time resulted in the termination of employment of one of the officers; Now, Therefore Be It Resolved that the City of Buffalo Common Council 1) Request, that a special session be held on July 8 th 2014 at 1 pm for Corporation Council to present to the Common Council an overview of the case involving these two officers; and 2) The Corporation Council provides an overview of any disciplinary action taken against the two main officers involved in the incident; and 3) Tile Corporation Council presents information on the personnel files of the two main officers involved as it relates to years of service and retirement eligibility. ADOPTED AYES Franczyk, LoCurto, Pridgen, Rivera, Smith, Wyatt — 6 Noes Fontana, Golombek, Scanlon -3 NO. 1316 BY: COUNCILMEMBER RIVERA WAIVER OF FIELD FEE FOR BIREC WORLD REFUGEE DAY SOCCER TOURNAMENT Whereas, The Buffalo Immigrant and Refugee Empowerment Coalition ( "BIREC') is a non - profit organization comprised of leaders from the myriad of ethnic groups represented in Buffalo; and Whereas, BIREC's goal is to empower refugees and immigrants and improve their quality of life and that of the surrounding community; and Whereas, in furtherance of this goal and in celebration of World Refugee Day, BIREC will be holding a soccer tournament at LaSalle Park on Saturday, June 21, 2014; and Whereas, the tournament will feature teams representing various ethnicities and organizations from throughout out the City and feature the incredible diversity we have in Buffalo. Now, Therefore, Be It Resolved, the Common Council request Public Works, Parks & Streets Department waive the Special Events /Parks fee related to the use of the fields at LaSalle Park; and Be It Further Resolved, the City Clerk is directed to send a certified copy of this resolution to the Public Works, Parks & Streets Department and Special Events. PASSED AYES 9, NOES 0 NO. 1316 SPONSOR: DEMONE SMITH WAIVE PARK RENTAL AND BAND SHELL WAGON FEES 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 to regulated under the provisions of various chapters of the Code; and WHEREAS: The Masten Jazz Festival will be held on July 20 & July 27; and WHEREAS: Gospel Festival will be held on July 26, 2014; and WHEREAS: The Pine Grill Reunion will be held on August 3 & 10; and WHEREAS: Taking It to the Streets will be held on August 16 & 17; and WHEREAS: Buffalo Caribbean Islands Carribana will be held on August 15, 16 & 17; and WHEREAS: Jes Breathe 4 Th Annual "Walk for a Hope" will be held on August 23, 2014; and WHEREAS: Buffalo Funk Festival will be held on August 23, 2014; and WHEREAS: Praise, Prayer & Worship will be held on September 1, 2014; 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 and Inspections, and the Department of Public Works waives the Park Rental and Band Shell Wagon Fees for the above listed events, BE IT FURTHER RESOLVED, That the City Clerk forward a copy of this resolution to the Commissioners of the Departments of Permits and Inspections, Public Works and Special Events. PASSED AYES 9, NOES 0 NO. 1317 SPONSOR: DEMONE SMITH WAIVE PARK RENTAL AND EVENT FEES FOR JEFFERSON ARTS FESTIVAL 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 to regulated under the provisions of various chapters of the Code; and WHEREAS: Jefferson Arts Festival will be held on Sunday, August 24, 2014; and WHEREAS: Jefferson Arts Festival focuses on the history and visual arts on Jefferson Avenue and reunites the community residents with business owners and educate the public, on the significance and historical Jefferson Avenue; 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 and Inspections, and the Department of Public Works waives associated fee Jefferson Arts Festival, BE IT FURTHER RESOLVED: That the City Clerk forward a copy of this resolution to the Commissioners of the Departments of Public Works, Permits and Inspections and Special Events. PASSED AYES 9, NOES 0 NO. 1318 BY: COUNCIL MEMBER WYATT PROPOSED AMENDMENTS TO ORDINANCES REGARDING FIRE SAFETY Whereas, the Fire Code of NYS ( FCNYS) exists to provide minimum standards of safety, which safeguard from conditions hazardous to life, property, or public welfare in the occupancy of structures or premises; Whereas, the FCNYS minimum standards, as adopted and enforced in The City of Buffalo, do not go far enough to protect our citizens from the inherent risks of the popular trend of cooking on porches, balconies, and other semi -open spaces attached to residential buildings; and Whereas, the Common Council is committed to safeguarding the welfare of city residents, particularly where either by design or accident, the regulations of higher jurisdictions fall short; Now, Therefore Be It Resolved that The City of Buffalo Common Council 1) Finds it necessary to provide for safeguards from potentially hazardous activity not covered by FCNYS by amending city ordinances; 2) Requests Corporation Counsel, in cooperation with EDPIS and Fire Department, to amend Chapter 103 and any other applicable chapters of city code by including at least the following conditions: a) use of grills, defined by having a cooking surface greater than 300 sq in, is prohibited on balconies, decks, porches, or other similar structures that are covered by awnings of roofs; b) use of grills is prohibited on premises within 10 ft of combustible structures, regardless of the number of residential units in the building; c) exceptions to the rules will be granted for balconies, decks, and porches protected by an approved extinguisher or automatic sprinkler system; 3) Requests Council Staff to forward copies of this resolution to Corporation Counsel Ball, Inspections Commissioner Comerford, Fire Commissioner Whitfield, and Mayor Brown. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 1319 BY: COUNCILMEMBER SMITH HOME RULE REQUEST TO PASS ASSEMBLY BILL A. 3702 -C ENTITLED "AN ACT TO AMEND THE VEHICLE AND TRAFFIC LAW IN RELATION TO DIRECTING THE CITY OF BUFFALO TO ADJUDICATE TRAFFIC VIOLATIONS" WHEREAS, there is now pending in the New York State Legislature legislation that would authorize the City of Buffalo to adjudicate traffic infractions, and further authorizing the City of Buffalo to enact local laws to accomplish that purpose; and WHEREAS, it is in the interest of the City of Buffalo that such legislation be enacted Now therefore be it RESOLVED, that the City Clerk send a Home Rule Request be sent to the New York State Legislature, as follows: To the Legislature: Pursuant to Article IX of the Constitution, City of Buffalo requests the enactment of Assembly Bill No. 3702 -B, entitled: "AN ACT to amend the vehicle and traffic law, in relation to directing the city of Buffalo to adjudicate traffic infractions" It is hereby stated that a necessity exists for the enactment of such legislation, and that the facts establishing such necessity are as follows: The local government does not have the power to enact such legislation by local law. Explanation New York State currently holds all hearings in Buffalo without the option of a plea bargain. This bill will allow the City of Buffalo to adjudicate traffic infractions and allow traffic violators an option of a plea bargain, which could lead to traffic school. The violator could be allowed to attend traffic school and improve driver safety, and would not receive driver license points which raise individual insurance rates. City of Buffalo residents pay higher insurance rates and the present system causes rates to increase without any of the options that are offered in surrounding areas. And be it further RESOLVED, that the City Clerk send copies of this resolution to the Home Rule Counsel of the New York State Senate, the New York State Assembly, and the local delegation to the New York State Legislature. ADOPTED NO. 1320 BY: COUNCILMEMBER SMITH HOME RULE REQUEST TO PASS SENATE BILL S 870 -C ENTITLED "AN ACT TO AMEND THE VEHICLE AND TRAFFIC LAW IN RELATION TO DIRECTING THE CITY OF BUFFALO TO ADJUDICATE TRAFFIC VIOLATIONS" WHEREAS, there is now pending in the New York State Legislature legislation that would authorize the City of Buffalo to adjudicate traffic infractions, and further authorizing the City of Buffalo to enact local laws to accomplish that purpose; and WHEREAS, it is in the interest of the City of Buffalo that such legislation be enacted; now therefore be it RESOLVED, that the City Clerk send a Home Rule Request be sent to the New York State Legislature, as follows: To the Legislature: Pursuant to Article IX of the Constitution, City of Buffalo requests the enactment of Senate Bill No 870 -C, entitled: "AN ACT to amend the vehicle and traffic law, in relation to directing the city of Buffalo to adjudicate traffic infractions" It is hereby stated that a necessity exists for the enactment of such legislation, and that the facts establishing such necessity are as follows: The local government does not have the power to enact such legislation by local law. Explanation New York State currently holds all hearings in Buffalo without the option of a plea bargain. This bill will allow the City of Buffalo to adjudicate traffic infractions and allow traffic violators an option of a plea bargain, which could lead to traffic school. The violator could be allowed to attend traffic school and improve driver safety, and would not receive driver license points which raise individual insurance rates. City of Buffalo residents pay higher insurance rates and the present system causes rates to increase without any of the options that are offered in surrounding areas. And be it further RESOLVED, that the City Clerk send copies of this resolution to the Home Rule Counsel of the New York State Senate, the New York State Assembly, and the local delegation to the New York State Legislature. ADOPTED NO. 1321 BY: COUNCILMEMBER RASHEED WYATT UNIVERSITY DISTRICT COMMUNITY DEVELOPMENT ASSOCIATION ( "UDCDA ") APPLICATION TO THE NEW YORK STATE OFFICE OF COMMUNITY RENEWAL NEW YORK MAIN STREET TECHNICAL ASSISTANCE PROGRAM WHEREAS, the State of New York Office of Community Renewal, on behalf of the New York State Housing Trust Fund, has released its 2014 Funding Round for its New York Main Street Technical Assistance Program, which provides funds to improve a community organization's readiness to administer a future New York Main Street building renovation program. WHEREAS, if funded pursuant to its application, the New York Main Street Technical Assistance Program would grant UDCDA up to $20,000 to increase its capacity to evaluate neighborhoods, building conditions and housing opportunities along the Bailey Avenue Business District Corridor between Winspear & East Delavan. WHEREAS, the identified target area is home to many successful businesses, such as, ABC Hardware and Rental, Varsity Theatre, & numerous banking institutions WHEREAS, it is clear that commercial and housing stock along this targeted area has suffered consistent deterioration over the past 30 years, WHEREAS, UDCDA has identified physical community revitalization and improved quality of life for University District residents among its chief priorities as a public charity under Section 501 (e)(3) of the Internal Revenue Code, WHEREAS, the City of Buffalo has worked successfully with UDCDA to revitalize other residential properties in Buffalo's University District, NOW, THEREFORE, BE IT RESOLVED: that the Common Council of the City of Buffalo strongly supports UDCDA's New York Main Street Technical Assistance Program application and Be it Further RESOLVED, that if funded, UDCDA will gain the capacity to effectively prepare its 2015 New York Main Street application which will leverage significant financial support to combat community deterioration in the University District area and improve the quality of life for City of Buffalo residents ADOPTED BY: RASHEED WYATT NO. 1322 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. Leah Bertini Nia Holmes Ian L. Wildman Kamery Malika D. Lee Danny Lewis Shirley A, Lucca Tianna Marks Dominique Matthews Peter Murphy Robert Alan Tober Faith B, Thurmond Willie H, Walker Jr. Total: 12 ADOPTED NO. 1323 BY: RASHEED WYATT 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. Elizabeth Abbott Jacqueline French Leah Halton Courtney Jensen Jessie Dee Knab John Samuel Reinbird Renee Simonian Mindy Faith Van Leuvan TOTAL:8 ADOPTED ANNOUNCEMENT OF COMMITTEE MEETINGS NO. 1324 ANNOUNCEMENT OF COMMITTEE MEETINGS The following meetings are scheduled. All meetings are held in the Common Council Chambers, 13 t ' a floor City Hall, Buffalo, New York, unless otherwise noted. Regular Committees Committee on Civil Service Tuesday, June 17, 2014 at 9:45 o'clock A.M. Committee on Finance Tuesday, June 17, 2014 at 10:00 o'clock A.M. following Civil Service Committee on Comm. Dev. Tuesday, June 17, 2014 at 1:00 o'clock P.M. Committee on Legislation Tuesday, June 17, 2014 at 2:00 o'clock P.M. Special Committees (Public Disclaimer): All meetings are subject to chance 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. On a motion by Mr. Smith, Seconded by Mr GERALD A. CHWALINSKI CITY CLERK June 10, 2014 NO. 1325 ADJOURNMENT Franczyk the Council adjourned at 2:45 P.M.