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Home My WebLink About14-0722NO. 15 PROCEEDINGS OF THE CITY OF BUFFALO JULY 22, 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 MAYOR MAYOR - EXECUTIVE DATE July 22, 2014 CORRECTED* *FINAL** 1531- 1. Cit Serv- Submission of Monthly Report June 2014 R &F 1532- 2. Strat Plan- Adjustments to BOA Contracts of Urban Strategies and Camiros CD 1533- 2A. Report of Sale 226, 232, 236, 238 High(Ell) CD 1534- 3. Strat Plan- Request to Review Public Draft Unified Development Ordinance CD COMPTROLLER 1535- 4. Certificate of Necessity -Comm Sery 1536- 5. Expiration of Agmt Btwn COB and BURA for HUD Funds 1537- 6. Interfund Loans 2013 Capital Budget A S SRS SMFNT FIN 1538- 7. Request Approval of Certificate of Adjusted Base Proportions 2014 Rolls APP 1539- 8. Request Approval of Certificate of Current Base Proportions 2014 Roll APP 1540- 9. Request Approval of Contract Proposal By Zenger Group - Printing and Mailing APP 1548- Tax Bills, Exemption Forms and Foreclosure Notices APP 1541- 10. Appoint Assistant to Asessor(Prov)(3 d Step)(Caulfled) CS 1542- 11. Appoint Associate Tax Clerk(Temp)(3 d Step)(Wolniewicz) CS MANAGEMENT INFORMATION SYSTEMS 19. Increase in Contract Cars on Main St -500 Block 1543- 12. Appoint Computer Operator(Perm)(5 Step)(Edwards) CS PUBLIC WORKS 1552- ---- - - - - -- 12A NY Gateway Connection to Peace Bridge Plaza Project -Agmt for 1553- 22. Notification of Authorization to Bflo Olmsted Pks Consery to Implement Dutch Advanced Payments OBJECT 1544- 13. Approval of Receipt of Grant Funds Improvements to Curtain Up Alley APP 1545- 14. Change in Acct Asarese Matter CC Rehab Proj CDBG Funded Yr 38 APP 1546- 15. Change in Contract Broadway Mkt Pkg Garage Reconst- Joint Replacement(Fill) APP 1547- 16. Change in Contract Bflo Fire Dept Physical Agility Test Assembly & Fabrication APP 1548- 17. Change in Contract Hudson St Pedestrian Bridge APP 1549- 18. Grant of Easement to Niagara Mohawk Power Corp Use of a Portion of 952 Busti -Front Pk APP 1550- 19. Increase in Contract Cars on Main St -500 Block APP 1551- 20. Increase to Encumbrance Meals on Wheels Center Rehab APP 1552- 21. Increase in Encumbrance Public Improv at Schiller Pk Senior CC Rehab APP 1553- 22. Notification of Authorization to Bflo Olmsted Pks Consery to Implement Dutch Elm Disease Mgmt Plan R &F 1554- 23. Permission to Engage Services Consulting Eng for Lighting Improvements for Linwood Ave and Other Areas of The City APP 1555- 24. Permission to Engage Services Consulting Eng for Rehab of Pumps, Motors and All Related Equip for Manhattan Ave Pump Station APP 1556- 25. Permission to Enter Agmt Bflo Zoological Society Artie Edge Polar Bear Exhibit APP 1557- 26. Permission to Enter Agmt Interfleet Vehicle GPS Sery & Maint Extension APP 1558- 27. Permission to Enter Agmt Tifft St Nature Preserve Soil Remediation(South) APP 1559- 28. Permission to Hire Citywide Tree Mngmt Inventory Update Agmt With Davey Resource Group APP 1560- 29. Permission to Hire Consultant Design Standards(all Districts) APP 1561- 30. Permission to Hire Consultant Equipment & Product Standards(various) APP 1562- 31. Permission to Hire Eng Consultant and Enter in Agmt as Needed with FHWA, NYSDOT, NFTA, BSA and COB Wtr Bd for Court St Gateway Project APP 1563- 32. Permission to Increase Consultant Contract -Ohio St Watermain Installation Constr Inspection Services APP 1564- 33. Permission to Negotiate /Acquire ROW Parcels N Bflo Rails -To- POLICE 1573- Trails Proj(Univ) APP 1565- 34. Permission to Waive Formal Bidding Procedures for Single Source Purchase CS PERMITS AND INSPECTIONS Of GPS Equipment APP 1566- 35. Report of Bids -2014 Citywide Tree Removal APP 1567- 36. Report of Bids - Correction Dudley Library(South) APP 1568- 36A ROW Donation Agmt With Colvin Oakdale LLC (Colvin Estates Ph 2) APP 1569- 37. Appoint Accountant(Prov)(Max)(Belton) CS 1570- 38. Appoint Assistant Engineer(Perm)(Inter)(Pecoraro) CS 1571- 39. Appoint Water Service Worker(Temp)(Inter)(Sobocinski) CS CORPORATION COUNSEL LEG 1572- 39A Extension of Lock Up Agmt Btwn COB & EC for Handling Pre Arraigned 1582- 49. Response for BSA's Construction on Bird Ave and Lang Ave Projects Female Arrestees APP POLICE 1573- 40. Permission to Accept Ten Mobile Computer Terminals from EC APP 1574- 41. Appoint Deputy Police Commissioner(Exempt)(Beaty) CS PERMITS AND INSPECTIONS Health Workers 1575- 42. Food Store(New) 2906 Bailey(Masten) APP 1576- 43 Food Store (New) 1200 Hertel aka 1212(Del) APP 1577- 44. Food Store(New) 179 Military(North) LEG 1578- 45. Mobile Food Truck 111 Bidwell Pkwy(new appl) APP 1579- 46. Mobile Food Truck 410 Connecticut St(new appl) APP 1580- 47. Sidewalk Cafe 333 Franklin(Fill) APP 1581- 48. Used Car Dealer 1353 E. Delavan(Lov) LEG SEWER AUTHORITY 1601- 1582- 49. Response for BSA's Construction on Bird Ave and Lang Ave Projects CD CITY CLERK R &F 1583- 49A. Items Returned by Mayor Without Approval/Disapproval Meeting 7/8/14 R &F 1584- 50. Liquor License Applications R &F 1585- 51. Leaves of Absence R &F 1586- 52. Reports of Attendance R &F 1587- 53. Notices of Appointments - Council Interns ADOPT 1588- 53A. Notices of Appointment- Council Interns ADOPT 1589- 53B. Notices of Appointment- Council Interns ADOPT 1590- 54. Notices of Appointment - Seasonal R &F 1591- 55. Notices of Appointments- Temp/Prov/Perm CS MISCELLANEOUS 1592- 55A. Bauer Walker- Engaging Parents Based on Their Assets ED 1593- 55B. Bauer Walker- Linking Health and Education to Engage Parents as Community Health Workers ED 1594- 55C. E. Doyle- Comments Re Education Meetings ED 1595- 55D. C. Franklin- Support for Education Bill ED 1596- 55E. H. Frisch - Parent Involvement vs Parent Engagement ED 1597- 55F. K. Hernandez - Action Plan for Schools ED 1598- 55G. S. Radford -Seed School Concept ED 1599- 55H. A. Ventresca- District -Wide High School Summary ED 1600- 55I. A. Ventresca- District -Wide Middle School Summary ED 1601- 55J. D. Smith -A. Gerstman -City Authority Over the Bflo Bd of Ed ED 1602- 56. Bflo Wtr Bd Report-May 2014 R &F 1603- 57. Bflo Wtr Bd Report-June 2014 R &F 1604 58. D. Cornell & O- Letters of Support for the Larkin Power House and Designation of Larkin Historic District R &F 1605- 59. J. Golombek -T. Levin -Scrap Metal Recycling FIN,PURCH, PW 1606- 60. M. LoCurto- Testimony Worker Cooperative for Buffalo CD,OSP 1607- 61. NYSDEC - Brownfield Cleanup Program 905 Elmwood Ave R &F 1608- 62. D. Pridgen -Fruit Belt Advisory Council Reg Concerns on Gentrification CD 1609- 63. D. Pridgen -J. Gardella- Review of Environmental Issue Relating to BSA Constr On Bird Avenue CD 1610- 63A. D. Pridgen -Letter Concerning Cariole Horne LEG,POL -O /S ---- - - - - -- 63B. R. Shatz- Former Episcopal Church Home Abatement, Demolition and Stabilization 24 Rhode Island OBJECT 1611- 64. D. Smith -P. Elliott- Patton - Response US Dept Ed Re: Schools Admissions Criteria ED 1612- 65. W. VanEvery- Walkability Audit PW PETITIONS 1613- 66. K. Scritchfield, Agent, Use 41 Columbia to Erect a Billboard on a Pole Sign(hrg 7 /29)(Fill) LEG,CPBD 1614- 67. A. Ibrahim, Agent, Use 2222 Genesee St for a Retail Store in an Existing Clothing Store in the Genesee Delavan Special District(hrg 7 /29)(Lov) LEG,CPBD 1615- 68. C. Anderson, Owner, Use 1096 Elmwood to Open an Existing Rest. and Alterations to the Fagade in the Elmwood Ave Special Zoning District (hrg 7/29)(Del) LEG,CPBD 1616- 69. A. Ali, Owner, Use 1000 Elmwood For Conversion of a Bank to a Retail Store With Takeout in the Elmwood Ave Business District(hrg 7/29)(Del) LEG,CPBD 1617- 70. M. Robbins, Agent, Use 905 Delaware for a Free Standing Sign(no hrg)(Ell) LEG,CPBD 1618- 71. M. Robbins, Agent, Use 916 Delaware for a Free Standing Sign(no hrg)(Ell) LEG,CPBD RESOLUTIONS 1652- 71A. Fontana Side Street Speed Limit LEG 1653- 72. Fontana Transfer in Funds - Community Sery APP 1654- 73. Golombek Ord Amend -Ch 387 Signs LEG 1655- 74. Golombek Waive Special Event Permit Fee for the RiverRock Revival Community Picnic APP 1656- 74A. LoCurto,etc Establishment for Comm for Participatory Budgeting in the COB ADOPT 1657- 74B. LoCurto Vegan Day in the City of Buffalo ADOPT 1658- 75. LoCurto,etc Waive Permit Fees for the 2014 Bflo Infringement Festival APP 1659- 76. Pridgen,etc Appointments for Committee for Fair Elections Through Public Financing ADOPT 1660- 76A Pridgen Appointment to Citizen Planning Council(Derby, Vertino) APP 1661- 76B Pridgen Permission to Hang Banners for the Echo Arts Fair APP 1662- 76C Pridgen Permission to Hang Banners for Puerto Rican Day Parade APP 1663- 76D Pridgen Permission to Hang Banners for the Chippewa Alliance APP 1664- 76E Pridgen Special Events Permit Fee Waiver for The Christian Evolution Parade APP 1665- 76F Pridgen Special Events Permit Fee Waiver - Garden Beautification Concert APP 1666- 76G Pridgen Waiver of Permit Fees for Puerto Rican Day Parade APP 1667- 77. Rivera Bicycle/Pedestrian Advisory Bd Appointment(Smith) APP 1668- 78. Rivera Waiver of Special Events Fee for D'Youville College Sch of Pharmacy Annual Picnic APP 1669- 78A Rivera Fee Waiver - Burmese Flag Raising Day APP 1670- 78B Rivera Fee Waiver - PUSH'S Community Concert in the Park APP 1671- 78C Rivera Waive Fees United Liberian Assoc Liberian 167 Flag Day Event APP 1672- 78D Scanlon Discharge Leg Comm CCP #14 -1416 Naming the Shelter House at Cazenovia Park "Robert J. Williams" (pub hrg 7/22/14) ADOPT DISCH -APP 1673- 78E Rivera Waiver for Primera Iglesia Metodista Unida's (Keenan)(PW) APP 1621- Christian Youth Fair APP 1674- 78F Scanlon Moratorium on New E- Cigarette and Hookah Stores/Lounges LEG 1675- 79. Scanlon Trailblazing Sign in Honor of William (Billy) Nash 1623- 5. 14 -1473 Com July 8 "Bump" Scahall APP 1676- 79A Scanlon Waive Event Fees for the South Buffalo School of Music 1624- 6. 14 -1325 Com June 24 Summer Rock Camp Concert APP 1677- 79B Scanlon Ordinance Amendment - Chapter 216 Garbage, Report of Sale -839 E. Delevan(Mas)(Strat Plan) APP 1626- Rubbish and Refuse LEG 1678- 80. Scanlon Waive Event Fees for the Rowin', Throwing'n Growin' for Cure 9. 14 -1475 No July 8 D. Bastian -Lyft Driver's Terms of Service Kickball Tournament APP 1679- 80AA Smith Waive Park Rental Fees -Drums Along Waterfront APP 1680 80AB Smith Waive Park Rental and Special Event Fees for D. Bastian -Lyft Drivers -How do I handle Taxes R &F 1630- Various Events APP 1681- 80AC Smith Trailblazing Sign Request for Mrs. Louis Bonner APP 1682- 80A. Wyatt Waive Permit Fees for the University Heights Arts 1632- 14. 14 -1482 No July 8 Assoc Festival 2014 APP 1683- 80B Wyatt Comm of Deeds -Public Duties ADOPT TABLE ITEMS - - - -- Review of 2006 Police Incident(CCP# 2, SS 07/08/2014) SUBMISSION LIST OF COMMITTEE ITEMS FOR THE COUNCIL MEETINGS CIVIL SERVICE 1619- 1. 14 -1427 Com July 8 Appoint Assessor(Prov)(3 d Step)(Martz)(Assess) 1620- 2. 14 -1449 Com July 8 Appoint Principal Chief Stationary Engineer(Prov)(Max) V I (Keenan)(PW) APP 1621- 3. 14 -1450 Com July 8 Appoint Senior Clerk(Perm)(Inter)(Fanelli)(PW) APP 1622- 4. 14 -1451 Com July 8 Appoint Truck Driver (Prov)(Inter)(Irlbacher)(PW) APP 1623- 5. 14 -1473 Com July 8 Notices of Appointments- Temp/Prov/Perm(Cty Clk) R &F COMMUNITY DEVELOPMENT 1624- 6. 14 -1325 Com June 24 Annual Action Plan(Strat Plan) APP 1625- 7. 14 -1421 Com July 8 Report of Sale -839 E. Delevan(Mas)(Strat Plan) APP 1626- 8. 14 -1474 No July 8 D. Bastian -Lyft Driver Tax FAQ's R &F 1627- 9. 14 -1475 No July 8 D. Bastian -Lyft Driver's Terms of Service R &F 1628- 10. 14 -1476 No July 8 D. Bastian - Buffalo Lyft Drivers Needed R &F 1629- 11. 14 -1477 No July 8 D. Bastian -Lyft Drivers -How do I handle Taxes R &F 1630- 12. 14 -1478 No July 8 B. Yunke - Liability Coverage Section- Preferred Mutual R &F 1631- 13. 14 -1479 No July 8 B. Yunke - Ridesharing, Transportation Services and Insurance R &F 1632- 14. 14 -1482 No July 8 M. LoCurto- Worker -Owned Co -ops Get $1 Million in NYC Spending R &F 1633- 15. 14 -1483 No July 8 D. Pridgen -R. Murray -EC Industrial Dev Agency SEQR- 204 -216 Franklin R &F 1634- 16. 14 -1371 Com June 24 K. Baldwin -NY Insurance Assoc Concerns Ride Sharing Companies R &F 1635- 17. 14 -1372 Com June 24 K. Baldwin- Property Casualty Insurers Assoc of America Concerns Commercial Ride Sharing R &F 1636- 18. 14 -1373 Com June 24 E. Betz- Concerns Lyft Ridesharing Application R &F 1637- 19. 14 -1246 No June 10 D. Bastian - Article -Lyft defies New Mexico Order to Stop Operating R &F 1638- 20. 14 -1255 No June 10 B. Yunke -City of Austin- Rideshare Drivers Cited R &F 1639- 21. 14 -1150 No May 27 D. Smith - Article NFTA to Sell Former Port of Buffalo Complex to Canadian Co Unsuccessful R &F 1640- 22. 14 -916 No Apr 29 J. Golombek- Articles Concerning Lyft Ride Share Service R &F 1641- 23. 14 -297 Com Feb 18 Proposed Academic Bldg ECC North Campus(CP) R &F 1642- 24. 13 -41 No Oct 15 M. Jaskula -J. Quinn - Options Req Improvements at ECC City Campus R &F 1643- 25. 13 -80 Res Oct 1 Invitation to ECC to Partner with COB on Downtown Campus Expansion(Golombek) R &F 1644- 26. 13 -110 No July 23 J. Golombek & All Councilmembers- Opposition to Construction of a New ECC Science Building in Amherst( #50, 3/20) R &F 1645- 27. 13 -112 No July 23 J. Quinn- Response CC Res -Build Comm College's Health Sciences Ctr for Excellence at ECC's City Campus( #45,6/14) R &F 1646- 28. 13 -65 No July 9 J. Golombek - Article Another Voice - Health Sciences Programs Belong on Medical Campus R &F LEGISLATION 1647- 29. 14 -1486 No July 8 F. Yang, Agent, Use 2042 S. Park to Re- establish Use of Restaurant in the South Park Special District(hrg 7 /15)(South) RECOMMIT 1648- 30. 14 -1500 No July 8 J. Popiela, Agent, Use 2300 Delaware to Erect a Free Standing Pole -Sign (North)(no hrg)( #14- 1040,5/13)( #14 - 1180,5/27)( #14 - 1285,6/10) APP 1649- 31. 14 -1383 No June 24 D. Carr, Owner, Use 3264 Main St. to Reestablish a Restaurant/Bar In the Transit Station District and Add Use of a Sidewalk Patio(hrg 7 /1)(Univ)APP 1650- 32. 14 -1392 No June 24 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)( #14 -1256, 6 /10)(Sidewalk Cafe App 7/1) RECOMMIT 1651- 33. 14 -1094 Com May 27 Application for Landmark Status - Larkin Historic District - 635,680,696 & 701 Seneca, 290 Larkin, 726 Exchange, 239 Van Rensselaer(Fill)(Pres Bd) (Pub Hrg 7/15/14) APP CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO TUESDAY JULY 22, 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 July 8, 2014 were approved FROM THE MAYOR FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE OFFICE OF CITIZEN SERVICES NO. 1531 SUBMISSION OF MONTHLY REPORT FOR JUNE 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 June 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. RECEIVED AND FILED FROM THE OFFICE OF STRATEGIC PLANNING NO. 1532 ADJUSTMENTS TO BOA CONTRACTS OF URBAN STRATEGIES, INC AND CAMIROS, LTD ITEM NO. 00002, CCP 04/22/10 (CAMIROS CONTRACT APPROVAL) ITEM NO. 00012. CCP 08/30/11 (USI CONTRACT APPROVAL) ITEM NO. 00004. CCP 04/04/12 (USI/CAMIROS CONTRACT ADJUSTMENT) ITEM NO. 00002. CCP 07/19/12 (USI CONTRACT ADJUSTMENT) ITEM NO. 00005. CCP 04/24/13 (CAMIROS CONTRACT ADJUSTMENT) The purpose of this communication is to request permission to adjust the contracts for consultant work under three New York State Department of State Brownfield Opportunity Area grants: Buffalo Harbor. Buffalo River Corridor. and Tonawanda Street Corridor. The total budget is $1,550.000. The DOS grant covers 90 percent of this amount, or $1.395.000. The match is being provided by $105,000 from the Buffalo Urban Renewal Agency, and $50,000 from the Erie Canal Harbor Development Corporation. The city publicly advertised for and received proposals to provide consultant services on the project. After reviewing proposals and conducting interviews, teams headed by Urban Strategies and Camiros were selected. DOS recently indicated that the city will be able to submit for BOA designation upon completion of the current work. with minor adjustments. In order to provide the material required by DOS to make this designation, the city proposes to eliminate unneeded tasks and shift others among the consultants. To achieve this, the budget for Camiros and its subcontractors will be increased by $286,114 (from $327.900 to $614,014); and the budget for Urban Strategies and its subcontractors decreased by $299,162 (from $988,632 to $689.470). This will result in net savings of $13,048 ha consultant costs; these changes will also allow the city to increase its MM/BE participation rate on this project from 10 to 26 percent. I respectively request that your Honorable Body authorize the necessary adjustments, modifications, or amendments to the contracts of Urban Strategies and Camiros; and that you further authorize appropriate city personnel to take such actions and enter into such agreements and arrangements as are necessary to amend said contracts and to facilitate and implement the on -going objectives of this project. I:»9 :1V:» III tell r. I:9K0] dildiIIa11:10i101 we ]dildi[1] ►1IvaDIXTIAX.]%Iw1:11►r1 NO. 1533 REPORT OF SALE 226 HIGH, NORTH SIDE 50' EAST OF MULBERRY LOT SIZE: 26.25 X 105 ASSESSED VALUATION: $1,500 232 HIGH, NORTH SIDE 76' WEST OF LOCUST LOT SIZE: 26.50 X 116 ASSESSED VALUATION $1,500 236 HIGH, NORTH SIDE 50' WEST OF LOCUST LOT SIZE: 26X 110 ASSESSED VALUATION $1,500 238 HIGH, NORTH SIDE WEST CORNER OF LOCUST LOT SIZE: 50 X 110 ASSESSED VALUATION: $2,400 ELLICOTT DISTRICT The Office of Strategic Planning, Division of Real Estate has received a request from Ms. Daria L. Pratcher, PC Attorney on behalf of St. John Fruit Belt Community Development Corporation, 184 Goodell Street, Buffalo, New York 14204 (hereinafter referred to as Developer) to purchase 226, 232, 236 and 238 High Street. The Developer intends to construct a mixed use retail /market building. The project would serve the immediate neighborhood as well as the Buffalo Medical Campus. The 1 sc floor will house the Market Car6 and pharmacy. It will connect to a covered outdoor eating area on the second floor for use during the milder weather conditions. A shaded patio at the front will provide for seasonal eating space. The first floor roof will incorporate a green roof to minimize storm water volumes and provide a landscaped roof garden for the second floor outdoor terrace. The project will provide approximately 22 parking spaces and a drive thru lane. Additional parking will be provided at the existing St. John the Baptist Church lots that are located within 1,000 feet of the site, if necessary. Project cost estimates are projected to be $1.9million. The Developer has submitted proof of funding from First Niagara in an amount not to exceed the lesser of $1,500,000.00 or 80% of the cost to complete the project; a grant from National Grid up to $300,000.00 (funding may only be used for up to 10% of the total redevelopment costs for site; County of Erie up to $150,000 for construction The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. A market analysis was completed by the Division of Real Estate with the assistance of appraiser, Howard P. Schultz. The market value of 226 High Street was found to be Twenty -Seven Thousand Dollars ($27, 000.), and 232, 236 & 238 High Street, One Hundred Thirty -Five Thousand Dollars ($135,000.) for a total purchase price of One Hundred Sixty -Two Thousand Dollars ($162,000.). St. John Fruit Belt Community Development has agreed and is prepared to pay a total of $162,000.00 for the subject properties. They have also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 226, 232, 236 & 238 High Street to St. John Fruit Belt Community Development Corporation, or an entity to be designated by St. John Fruit Belt Community Development Corporation for the amount of One Hundred Sixty -Two Thousand Dollars ($162,000.00). 1 am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 1534 REQUEST TO REVIEW PUBLIC DRAFT UNIFIED DEVELOPMENT ORDINANCE CCP# 5/11/10 (NO. 87) Mayor Byron W. Brown commenced the Buffalo Green Code project on Earth Day (April 22) 2010. The Buffalo Green Code is a historic revision of Buffalo's land use and zoning policies that will promote investment, facilitate job creation, and improve the urban environment. The Green Code is a place -based development strategy that builds on Buffalo's award - winning comprehensive plan, Queen City in the 21 st Century. The Comprehensive Plan, adopted in 2006, set the agenda for the city's future by outlining four fundamental principles: fix the basics; build on assets; implement smart growth; and embrace sustainability. The Green Code follows up on this effort by translating the Comprehensive Plan's principles into a Land Use Plan that will guide the city's physical development over the next 20 years. The Land Use Plan is further informed by specific plans for the waterfront (Local Waterfront Revitalization Program) and brownfield areas (Brownfield Opportunity Areas). The culmination of the Green Code is an update of the city's 61 -year old zoning code with a new form -based code that will implement these plans. The Green Code also reforms the city's outdated set of Urban Renewal Plans (URPs) by incorporating their relevant provisions into the new code and creating one citywide URP for the city's Homestead Program. The Green Code components include: Land Use Plan - translates the Comprehensive Plan's principles into a Land Use Plan that will guide the city's physical development over the next 20 years; Brownfield Opportunity Areas (BOAs) - specific plans based on detailed analyses for brownfield areas in South Buffalo, Buffalo River Corridor, Buffalo Harbor, and Tonawanda Street Corridor BOAs; the city is also working on BOA planning for the Delavan - Grider area on Buffalo's East Side; Local Waterfront Revitalization Program (LWRP) - includes land and water use plans, as well as proposed projects, that will guide development along the City's coastal areas; Unified Development Ordinance (UDO) - provides new form based zoning, subdivision, sign, and public realm standards that will replace the city's 60 -year old zoning code and other regulations that control development; and Urban Renewal Plans (URPs) - the city's 30 existing URPs will be terminated, with relevant provisions to be incorporated into the LIDO. A new citywide URP will be prepared that will delineate eligible areas for the city's homestead program. Mayor Brown released the public draft Buffalo Green Code Unified Development Ordinance on May 3, 2014. Since then, the Mayor's Office of Strategic Planning (OSP) has held 32 meetings (involving 541 participants) about the details of specific sections of the draft LIDO, as well as several sessions with various neighborhood groups and the business community. Since its inception, the UDO outreach process has included hundreds of meetings that have involved over 5,000 participants. The UDO and Zoning Map have largely been well- received, which we believe is a direct result of this exhaustive and intensive community participation process undertaken over the past four years. Concerns raised about the UDO have been limited to specific provisions of the document. Please find attached an outline of comments about proposed revisions received since the draft UDO was released. The attached comments are not an exhaustive list, but summarize the issues which we have heard the most about. OSP will continue to collect input and review comments this Summer. All comments and suggested revisions will be considered before a formal draft of the UDO is submitted to this Honorable Body along with the other Green Code documents this Fall. Once submitted, the Green Code documents will require referral to the Legislation Committee and Planning Board for consideration of any further revisions based upon public input received at those meetings. Finally, OSP will submit a Draft Generic Environmental Impact Statement so that the Council can commence the next step of the State Environmental Quality Review Act, which will require further public comment. Prior to submission, please contact John Fell, project manager for the Green Code, at 851 -4533 or jfell @city- buffalo.com, if you have any questions or if you would like to arrange a meeting about the Green Code. We would be happy to meet with the Common Council and its staff, as well as with members of your specific communities, as the Green Code moves toward the commencement of the formal adoption process this Fall. In September or early October, OSP plans to hold a citywide public informational meeting that will seek to engage citizens from all neighborhoods throughout the city, regarding the drafts of the Green Code documents to be submitted to Council and their adoption process. The exact timing of the filing will be impacted by OSP's effort to coordinate with the Outer Harbor planning process being funded by the Erie Canal Harbor Development Corporation. OSP will be considering how the endorsed Outer Harbor plan may be incorporated into the Green Code. We appreciate the engagement to date of this Honorable Body in this groundbreaking initiative and look forward to commencing the formal adoption process with this Honorable Body in early Fall. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT FROM THE COMPTROLLER NO. 1636 CERTIFICATE OF NECESSITY 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 $ 490,507.00 be transferred and reappropriated as set forth below: From: 15513006 - 434000 Community Services Contractual Services $490,507.00 To: 17523008 - 489121 Interfund Transfer Special Revenue $490,507.00 RECEIVED AND FILED NO. 1636 EXPIRATION OF AGREEMENT BTWN COB AND BURA FOR HUD FUNDS As you are aware, the agreements between the City of Buffalo and the Buffalo Urban Renewal Authority (BURA) for the administration of United States Department of Housing and Urban Development (HUD) funds expire on September 30, 2014. In order to adhere to best practices, and ensure the City contracts with the best possible provider of these services, the City should conduct a competitive procurement process before entering in to any new agreements for the administration of HUD funds. I encourage you to issue a Request for Proposals (RFP) as soon as possible in order to have a competitive procurement process complete before current agreements expire on September 30, 2014. REFERRED TO THE COMMITTEE ON FINANCE. NO. 1637 INTERFUND LOANS 2013 CAPITAL BUDGET The Administration has requested that you consider and approve an interfand cash loan from the General Fund to the City's Capital Projects Fund in the amount of $1,256,400 against the 2013 City Capital Improvements Budget for the projects listed below. The loan will be repaid when BANs or Bonds are issued in Fiscal year 2014 -15. From To Account Repayment Date Total General Fund Capital Projects Fund Fire Apparatus 13 38210306 April 2015 $500,000 Fire Station Rehabilitation 13 38320316 April 2015 400,000 Tree Removal and Planting 13 38304006 April 2015 356,000 1,256,400 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. 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 three City projects with an interfund loan amount of $1,170,467 outstanding. If this current request is approved, the City will be committed to $2,426,867' 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) Approved Interfund Loan - Library Improvements (300,000.00) Requested Interfund Loan - Fire Apparatus (500,000.00) Requested Interfund Loan - Fire Station Rehabilitation (400,000.00) Requested Interfund Loan - Tree Removal and Planting (356,400.00) 2013 Unfunded Projects $825,850.00 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 July 16, 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 $1,256:440.00 against the 2013 city Capital Improvements Budget for the Fire Apparatus 13 Project, Fire Station Rehabilitation 13 Project and the Tree Removal and Planting 13 Project. The loan will be repaid when BANs or Bonds are issued in Fiscal Year 2014 -15. PASSED AYES — 9 NOES — 0 FROM THE COMMISSIONER OF ASSESSMENT AND TAXATION NO. 1538 REQUEST APPROVAL OF CERTIFICATE OF ADJUSTED BASE PROPORTIONS 2014 ROLL Attached find Certificate of Adjusted Base Proportions. I am respectfully requesting that Your Honorable Body approve the aforementioned Certificate pursuant to Article 19 of the Real Property Tax Law. Article 19 was added to the Real Property Tax Law in 1981 for the purpose of mitigating the shift of taxes to residential property as a result of reassessment in municipalities with a homestead and a non - homestead taxing system. A proportional ratio is established between the two classes in the base year, the roll used for certification as an approved assessing unit. For the City of Buffalo our base year is 1991. Thereafter each successive roll is adjusted for changes in the number and values of parcels in the two classes and the ratio is applied to determine the amount of the levy to be collected from each class of properties. This Certificate was prepared by the Department of Assessment and Taxation with the assistance of the New York State Office of Real Property Service, pursuant to the Real Property Tax Law and the Rules and Regulations of the Office of Real Property Service. Upon approval of this Certificate, kindly direct the City Clerk to sign, date and forward said Certificate to the New York State35 Department of Taxation and Finance, Office of Real Property Tax Services, Building 8A - Attn: Dave Ange, W.A. Harriman State Campus, Albany, New York 12227. Also, kindly direct the City Clerk to furnish this department with a copy of the approved Certificate. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of Assessment and Taxation, dated July 17, 2014, be received and filed; and That the Common Council hereby approves the Certificate of Adjusted Base Proportions pursuant to Article 19 of the Real Property Tax Law and directs the City Clerk to sign, date and forward said Certificate to the New York State Department of Taxation and Finance with a copy of same to the Commissioner of Assessment and Taxation. PASSED AYES — 9 NOES - 0 NO. 1539 REQUEST APPROVAL OF CERTIFICATE OF CURRENT BASE PROPORTIONS 2014 ROLL Attached find Certificate of Base Percentages, Current Percentages and Current Base Proportions. I am respectfully requesting that Your Honorable Body approve the aforementioned Certificate pursuant to Article 19 of the Real Property Tax Law. Article 19 was added to the Real Property Tax Law in 1981 for the purpose of mitigating the shift of taxes to residential property as a result of reassessment in municipalities with a homestead and a non - homestead taxing system. A proportional ratio is established between the two classes in the base year, the roll used for certification as an approved assessing unit. For the City of Buffalo our base year is 1991. Thereafter each successive roll is adjusted for changes in the number and values of parcels in the two classes and the ratio is applied to determine the amount of the levy to be collected from each class of properties. This Certificate was prepared by the Department of Assessment and Taxation with the assistance of the New York State Office of Real Property Service, pursuant to the Real Property Tax Law and the Rules and Regulations of the Office of Real Property Service. Upon approval of this Certificate, kindly direct the City Clerk to sign, date and forward said Certificate to the New York State Department of Taxation and Finance, Office of Real Property Tax Services, Building 8A - Attn: Dave Ange, W.A. Harriman State Campus, Albany, New York 12227. Also, kindly direct the City Clerk to furnish this department with a copy of the approved Certificate. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of Assessment and Taxation, dated July 17, 2014, be received and filed; and That the Common Council hereby approves the Certificate of Current Base Proportions pursuant to Article 19 of the Real Property Tax Law and directs the City Clerk to sign, date and forward said Certificate to the New York State Department of Taxation and Finance with a copy of same to the Commissioner of Assessment and Taxation. PASSED AYES — 9 NOES — 0 NO. 1540 REQUEST APPROVAL OF CONTRACT PROPOSAL BY ZENGER GROUP IN RESPONSE TO RFP FOR CITY OF BUFFALO PRINTING AND MAILING OF TAX BILLS, EXEMPTION FORMS AND FORECLOSURE NOTICES I respectfully request your Honorable Body approve the expenditure of $104,719.95 for the printing of City of Buffalo. Tax and Sewer Rent Bills, Exemption Forms and Foreclosures Notices as set forth in the attached Contract Proposal submitted by the Zenger Group in response to the attached Request for Proposals issued March 17, 2014 and revised April 25, 2014. A request for proposals was published in the Buffalo News on March 19, 2014. Responses were submitted to the Division of Purchase. Two responses were received ( The Zenger Group and Applied Business Systems (ABS)) and a committee was formed to determine the best contract for the City. The sensitivity and importance of meeting city deadlines and the ability of the contractor to be flexible and work within a short production window was weighted against price for this contract, The committee included Commissioner Martin Kennedy, Maria Garozzo -Payne and Latifa Mack - Fledgepeth from the Department of Assessment and Taxation; William Sunderlin, Adrian Guadalupe and Marlena Barker from the Division of Purchase; Karan Brant, from the Print Shop; and Raymour Nosworthy from the Department of Finance. The two responses were rated on a set of 13 different criteria. These criteria included: Meeting the Specs, Understanding of the scope and criteria of the project, Location in Erie County, (The City Charter requires and on -site inspection by representatives of the Department of Assessment and Taxation to witness the printing the May foreclosure lien notices and witnessing the mailing of these notices); Having a main facility and an alternate site, Experience, Financial Stability, Capacity to deliver 75,000 packages, Artwork for hire; Flexibility - 36 hour turnaround time on rush orders and willingness to take on unforeseen production schedules; References; Reasonable Costs; Cost - savings proposed - innovation on current processes; and Price /Info provided on suggested options. The criteria was given a weight by the Division of Purchase on a scale a 1 % to 14% (See attached RFP Evaluation Sheet). After all the evaluation sheets were reviewed by the Division of Purchase, the Zenger Group was determined to be the better choice based on the above criteria. ABS's proposed price was $57,112.12. There is a difference in price of $47,607.83 between ABS and Zenger and the difference concerned the preparation and mailing of the mandatory certified mailing of the May lien notices. The Request for Proposal had a requirement that the contractor be based in Erie County due to the fact that a physical inspection by a representative of the Department of Assessment and Taxation is required to witness the May lien notices and mailing. ABS in not located in Erie County and even if that criterion is removed from the committee evaluation the Zenger Group still scored higher than ABS. The Request for Proposal also included a requirement for a second location to produce the printing jobs in case of a catastrophe at the main location. The Zenger Group has an alternative site with the capacity to print the jobs need in the Larkin Building. ABS has a reciprocal agreement with a facility in Olcott, NY for a second location. The contract period will be from July 1, 2014 through June 30, 2015 with up to four (4) one -year renewal options, for a total of five (5) possible years. \„ Inasmuch as we anticipate requesting Zenger Group to prepare and mail Enhanced Star and Senior Citizen Exemption renewals this month, we are respectfully requesting your Honorable Body take all necessary steps to expedite approval of the Contract Proposal so that the Division of Purchase may be in a position to prepare the formal Contract between the City of Buffalo and Zenger Group, Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Assessment and Taxation, dated July 17, 2014, be received and filed; and That the Common Council hereby authorizes the Department of Assessment and Taxation to enter into an agreement with the Zenger Group for the printing of City of Buffalo Tax and Sewer Rent Bills, Exemption Forms and Foreclosure Notices. The contractor was chosen through a Request for Proposals (RFP) process. PASSED AYES — 9 NOES — 0 NO. 1541 APPOINT ASSISTANT TO ASSESSOR(PROV)(THIRD STEP) Appointment effective 07/09/2014 in the Department of Assessment and Taxation to the position of Assistant to Assessor(Prov)(Third Step)(Caufield) of $33,415 Mary Caufield, 84 Shenandoah Road, Buffalo, NY 14220 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 1542 APPOINT ASSOCIATE TAX CLERK(TEMP)(THIRD STEP)(WOLNIEWICZ) Appointment effective 07/09/2014 in the Department of Assessment and Taxation to the position of Associate Tax Clerk(Temp)(Third Step) (Wolniewicz) Mary Beth Wolniewicz, 88 Hayden Street, Buffalo, NY 14210 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF MANAGEMENT INFORMATION SYSTEMS NO. 1543 APPOINT COMPUTER OPERATOR(PERM)(FIFTH STEP)(EDWARDS) Appointment effective August 4, 2014 in the Department of MIS to the position of Computer Operator, Permanent at the Fifth Step of $45267.00 Richele Edwards, 70 Manhart St, Buffalo, NY 14215 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO. 1544 APPROVAL OF RECEIPT OF GRANT FUNDS IMPROVEMENTS TO CURTAIN Permission is hereby requested from your Honorable Body to accept $60,000 of improvements to Curtain Up Alley provided by Buffalo Place Inc as the streetscape component of the Theatre District New York Main Street Program, a grant program of the New York State Housing Trust Fund Corporation, and its administrator, the Division of Homes and Community Renewal (HCR). This project will: Repaint the Curtain -Up Alley canopy structure and ceiling Refurbish the inefficient lighting system 0 Separate electrical power metering from Shea's Performing Arts Center o Install new LED light fixtures o Control new lights with a photocell, so lights tam on when it is dark under the canopy. o Install theater style decorative lights to add interest and animate the Alley Permission is also requested to authorize the Department of Public Works, Parks & Streets to execute the State's "Property Maintenance Declaration Form (attached) which calls for declining reimbursement to the Housing Trust Fund Corporation if the improvements funded through this grant are removed or sold during a five Year maintenance period. No request is being made to the City to match or provide up -front funding prior reimbursement of construction expenses by New York State. Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated July 16, 2014, be received and filed; That the Common Council hereby authorizes the Department of Public Works, Parks and Streets to accept grant funds in the amount of $60,000.00 for Curtain Up Alley provided by Buffalo Place Inc. as the streetscape component of the Theatre District New York Main Street Program, a grant program of the New York State Housing Trust Fund Corporation, and its administrator, the Division of Homes and Community Renewal; and that the Common Council hereby authorizes the Department of Public Works, Parks and Streets to execute the State's "Property Maintenance Declaration Form" which calls for declining reimbursement to the Housing Trust Fund Corporation if the improvements funded through this grant are removed or sold during a five year maintenance period. PASSED AYES — 9 NOES — 0 NO. 1545 CHANGE IN ACCOUNT ASARESE MATTER COMMUNITY CENTER REHABILITATION PROJECT CDBG FUNDED YEAR 38 - 07202 1 advertised for on December 12 2013 and received the following formal sealed bids for Asarese Matters Community Center Rehabilitation Project # 38- 07202, which were publicly opened and read on January 9. 2014. General Construction Base Bid 'CIR Electric Construction Corp. $36,955.00 400 Ingham Avenue Lackawanna. NY Weydman Electric, inc. $39,500.00 . 747 Young St. Tonawanda, NY Goodwin Electric Corp $48,895.00 207 S Youngs, Williamsville. NY 'CIR Electric Cons[ruction Corp. was previously reported as the low bidder However CIR Electric Construction Corp. is unable to provide required insurance.. I hereby certify that the foregoing is a true and correct statement of a, bids received and that Weydman Electric, Inc. with a Base Bid of $39.500. plus 10% contingency for $3,950.00- for total of Forty Three Thousand Four Hundred Fifty Dollars and 00/100 ($43,450.00) 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 the work on the basis of the low bid. Funds are available in CDBG Account# CHgJ2027- 470000 -8485. Buildings. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets, dated July 15, 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 Weydman Electric, Inc. for the Asarese Matters Community Center, Rehabilitation Project, #38- 07202, with a total bid amount of $43,450.00 (Base Bid of $39,500.00 + 10% contingency of $3,950.00 for a Total Bid Amount of $43,450.00). Funds are available in CDBG Account #CH9J2027-470000- 8485 - Buildings, PASSED AYES — 9 NOES — 0 NO. 1546 CHANGE IN CONTRACT BROADWAY MARKET PARKING GARAGE RECONSTRUCTION JOB #1274 - JOINT REPLACEMENT FILLMORE DISTRICT I HEREBY SUBMIT TO YOUR Honorable Body the following change for Broadway Market, Parking Garage Reconstruction, Joint Replacement, Raymond E. Kelley, C # 93001200 1.) This change includes labor and materials required for the additional Add $27,650.00 Work on the North Joint of the 3 rd level that was unforeseen prior to the removal of the existing joint The foregoing change results in a net increase in the contract of Twenty Seven Thousand Six Hundred Fifty Dollars and 00/100($27,650.00) Summary Contract Amount $172,419.00 Amount of this Change Olyder $27,650.00 Revised Contract Amount $200,069.00 Costs have been reviewed by the Department of Public Works, Parks and Streets and were found to be fair and equitable. Funds for this work are available in 34322809 445100 - Buildings Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works Parks and Streets, dated July 15, 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 $27,650.00 (Original Contract Amount $172,419.00 + Change Order #1 $27,650.00 for a Revised Contract Amount of $200,069.00) for Broadway Market, Parking Garage Reconstruction, Joint Replacement, to Raymond E. Kelley, C #93001200. Funding is available in Account #34322806 445100 - Buildings. PASSED AYES — 9 NOES - 0 NO. 1547 CHANGE IN CONTRACT BUFFALO FIRE DEPARTMENT PHYSICAL AGILITY TEST ASSEMBLY AND FABRICATION JOB #1406 VARIOUS DISTRICTS PRIOR COUNCIL REFERENCE: ITEM NO. 658 CCP 4/1/14 1 hereby submit to Your Honorable Body the following changes for the Buffalo Fire Department, Physical Agility Test (P.A.T.) Assembly and Fabrication, Miller Enterprises, C #93001318. 1. 2 - Assembled pike poles for Event #7, Ceiling Hook Add $ 490.00 2. 1 Custom -built ceiling hook pole for Event #7, Ceiling Hook. Add $ 550.00 3.15% OH &P Add $ 156.00 The foregoing changes result in a net increase in the contract of One Thousand One Hundred Ninety Six and 00/100 ($1,196.00) Summary: Original Contract Amount $41,100.00 Amount of Previous Change Orders Amount of This Change Order ( #1) $ 1,196.00 Revised Contract Amount $42,296.00 Costs have been reviewed by the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work will be available in 12554006 432004 - Civil Service Engineering & Technical Services. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works Parks and Streets, dated July 14, 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 $1,196.00 (Original Contract Amount $41,100.00 + Change Order #1 $1,196.00 for a Revised Contract Amount of $42,296.00) for the Buffalo Fire Department, Physical Agility Test (P.A.T.) Assembly and Fabrication, to Miller Enterprises, C #93001318. Funding is available in Account #12554006 432004 - Civil Service Engineering and Technical Services. PASSED AYES 9, NOES 0 NO. 1548 CHANGE IN CONTRACT GROUP #805 HUDSON STREET PEDESTRIAN BRIDGE CONTRACT #93001150 PRIOR COUNCIL REFERENCE: #20 of 9/17/13 I hereby submit to your Honorable Body the following change in contract to the contract for the above named Project. This change order is necessary for additional items of work including regarding the area around the bridge to provide access to the existing doors, additional costs related to removal of lead painted steel pipe when the record plan indicated cast iron pipe and replacement of storm drainage grates with more durable vandal proof materials Existing Contract Amount $61,485.38 Increase in Contract $ 8,000.69 Total Contract to Date $69,486.07 Funds for the contract increase are available in Capital Projects Account # 34311006 - 445100 and or an account to be named at a future date. I respectfully certify that this change order is fair and equitable for the work involved, and respectfully request that Your Honorable Body approve the subject change order and authorize the Commissioner of Public Works, Parks & Streets to issue said change order to Nova Site Company, Inc. Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works Parks and Streets, dated July 14, 2014, be received and filed; and That the Common Council hereby authorizes the Department of Public Works, Parks and Streets to execute Change Order #1 in the amount of $8,000.69 (Original Contract Amount $61,485.38 + Change Order #1 $8,000.69 for a Revised Contract Amount of $69,486.07) for the Hudson Street Pedestrian Bridge, to Nova Site Company, Inc., C #93001150. Funding is available in Capital Projects Account #34311006 - 445100, and /or an account to be named at a future date. PASSED AYES 9, NOES 0 NO. 1549 GRANT OF EASEMENT TO NIAGARA MOHAWK POWER CORPORATION FOR USE OF A PORTION OF 952 BUSTI - FRONT PARK NIAGARA DISTRICT The City has received a request from Niagara Mohawk Power Corporation to approve and execute the attached Grant of Easement. The request is being made in order to facilitate the Peace Bridge Authority's new electrical service to the commercial warehouse building on the U.S. Plaza, as described and shown in the attached proposed legal description and map. This office is working out the terms and conditions of the Grant of Easement and is also working out the details as to the best suited location for the most appropriate types of utility facilities to be placed upon the City -owned property. I am requesting that Your Honorable Body approve a grant of easement to be substantially similar to the attached Grant of Easement subject to the details as to the actual location and type of the electrical facilities to be placed upon the City -owned property being worked out between Niagara Mohawk and the City's Department of Public Works, Parks and Streets. I am further requesting Your Honorable Body to authorize the Mayor to execute the same. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets, dated July 14, 2014, be received and filed; and That the Commissioner of Public Works, Parks & Streets be, and he hereby is authorized to enter into an easement agreement between the City and Niagara Mohawk Power Corporation, for use of a portion of city -owned property located at 952 Busti (Front Park) in order to facilitate the Peace Bridge Authority's new electrical service to the commercial warehouse building on the U.S. Plaza; and that the Mayor be authorized to execute the same. PASSED AYES 9, NOES 0 NO. 1550 INCREASE IN CONTRACT CARS ON MAIN ST — 500 BLOCK Increase in Encumbrance Cars On Main Street - 500 Block PIN #5760.39 Contract #93001208 [: General Contractor Mark Cerrone, Inc. And Contract #93001196 Engineering Consultant: DiDonato Associates Work to include LED Street Lighting, Chippewa St., Sidewalks and Updates to Remembrance Park Prior council reference: Item #44 of 6 -11 -13 Item #13 of 1 -24 -12 The Office of Strategic Planning and this department completed a Consolidated Funding Application (CFA) that requested an additional $2M of funding for the Cars on Main Street - 500 Block project. This CFA grant was identified as Buffalo Streetscapes Capital, Project #X741. On June 27, 2014, the New York State Urban Development Corporation, doing business as Empire State Development (ESD) approved this CFA grant application (copy of approval letter attached). These additional funds will allow the City to complete this project, and provide for additional grant applications, the installation of LED street lighting along the corridor, replacement of sidewalks along Chippewa Street and update /enhancements to Remembrance Park. The funds provided by ESD through this grant are 100% reimbursable, so no additional costs will be bore by the City for this work. Therefore, this department respectfully requests Your Honorable Body's permission for the following: • Accept funds from ESD (Project Grant #X741) in amount of $2M and apply them to the Cars on Main Street - 500 Block project. • Increase Contract #93001208: General Contractor - Mark Cerrone, Inc. by $1,400,000.00 • Increase Contract #93001196: Engineering Consultant - DiDonato Associates by $600,000.00 Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated July 14, 2014, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to accept funds from the New York State Urban Development Corporation, d /b /a Empire State Development ( "ESD ") (Project Grant #X741, Buffalo Streetscape Capital) in the amount of $2,000,000.00, and apply them to the Cars on Main Street - 500 Block Project; and to increase the contract with Mark Cerrone, Inc., C #93001208, by $1,4000,000.00 (General Contractor), and to increase the contract with DiDonato Associates, C #93001196 by $600,000.00 (Engineering Consultant). The funds provided by ESD through this grant are 100% reimbursable. PASSED AYES 9, NOES 0 NO. 1551 INCREASE IN ENCUMBRANCE TRAUTMAN ASSOCIATES, INC. MEALS ON WHEELS CENTER REHABILITATION PROJECT # 39 -50203 CONSULTING SERVICES CONTRACT #H0000113 I hereby submit to your Honorable Body the following increase to the contract for the above named services. This change order is necessary to provide consulting services for additional work that will be performed as a result of additional funds that were added by the approved CDBG amendment. The final amount of this change order will be subject to negotiation of additional time to be spent at the hourly rates approved in the original contract. Original Approved Amount $20,000.00 Amount this request $ 9,603.00 Total Approved Amount to Date $29,603.00 Funds are available in CDBG Account # C19132037- 470000 -8524. I respectfully certify that this change order is fair and equitable for the work involved, and respectfully request that Your Honorable Body approve the subject change order and authorize the Commissioner of Public Works, Parks & Streets to issue said increase in encumbrance to Trautman Associates, Inc. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets, dated July 14, 2014, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to execute Change Order #1 in the amount of $9,603.00 (Original Contract Amount $20,000.00 + Change Order #1 $9,603.00 for a Revised Contract Amount of $29,603) for the Meals on Wheels Center Rehabilitation Project #39- 50203, Contract #H0000113, with Trautman Associates, Inc. Funds are available in CDBG Account #C19B2037- 4700000 -8524. PASSED AYES 9, NOES 0 NO. 1552 INCREASE IN ENCUMBRANCE PUBLIC IMPROVEMENTS AT SCHILLER PARK SENIOR COMMUNITY CENTER REHABILITATION PROJECT # 38 -30200 MLP PLUMBING & MECHANICAL, INC. CONTRACT #H0000199 I hereby submit to your Honorable Body the following increase to the contract for the above named services. This change order is necessary to address all the unforeseen deficiencies in the mechanical systems for the building including temperature controls, air volume controls, radiant heating controls and cleaning of drain lines. Original Approved Amount $144,100.00 Amount this request $ 8,228.74 Total Approved Amount to Date $152,328.74 Funds are available in CDBG Account # CH9E2007- 470000 -8469. I respectfully certify that this change order is fair and equitable for the work involved, and respectfully request that Your Honorable Body approve the subject change order and authorize the Commissioner of Public Works , Parks & Streets to issue said increase in encumbrance to Trautman Associates, Inc. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets, dated July 15, 2014, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to execute Change Order #1 in the amount of $8,228.74 (Original Contract Amount $144,100.00 + Change Order #1 $8,228.74 for a Revised Contract Amount of $152,328.71) for the Schiller Park Senior Community Center Rehabilitation Project #39 -3022, Contract #H0000199, with MLP Plumbing & Mechanical, Inc. Funds are available in CDBG Account #CH9E2007-470000- 8469. PASSED AYES 9, NOES 0 NO 1663 NOTIFICATION OF AUTHORIZATION TO BUFFALO OLMSTED PARKS CONSERVANCY TO IMPLEMENT DUTCH ELM DISEASE MANAGEMENT PLAN he Department of Public Works, Parks and Streets is hereby notifying Your Honorable Body that this department has authorized the Buffalo Olmsted Parks Conservancy to implement Dutch Elm Disease Management Plan as required across the historic Olmsted designed parks system. A copy of each plan is attached for your review. Copy available for review in the City Clerk's Office RECEIVED AND FILED NO. 1664 PERMISSION TO ENGAGE SERVICES OF CONSULTING ENGINEER FOR LIGHTING IMPROVEMENTS FOR LINWOOD AVE. AND OTHER AREAS OF THE CITY I respectfully request that Your Honorable Body authorize the Department of Public Works, Parks and Streets to grant permission to hire a consultant to provide engineering services for a lighting study on Linwood Ave as well as other areas in the City where funding had been allocated. The consultant will be chosen through the RFQ /RFP process. The funds are available in account 37315506 445100, an account(s) to be named at a later date. Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated July 16, 2014, be received and filed; and That the Common Council hereby authorizes the Department of Public Works, Parks and Streets to hire a consultant to provide engineering services for a lighting study on Linwood Avenue, as well as other areas of the City where funding has been allocated. The consultant will be Chosen through a Request for Qualifications /Request for Proposals (RFP /RFQ) process. The funds are available in Account #37315506 445100, and an account(s) to be named at a later date. PASSED AYES 9, NOES 0 NO. 1666 PERMISSION TO ENGAGE SERVICES OF CONSULTING ENGINEER FOR THE REHABILITATION OF PUMPS, MOTORS AND ALL RELATED EQUIPMENT AT THE MANHATTAN AVE. PUMP STATION I respectfully request that Your Honorable Body authorize the Department of Public Works, Parks and Streets to grant permission to hire Nussbaumer and Clarke, Inc. for study, design, bid, and construction phase services for the Rehabilitation of pumps, motors, and all related equipment at the Manhattan Ave. Pump Station. This pump station is critical to maintain sufficient water pressures in the higher elevation areas of the Buffalo Water System. The consultant was chosen through a Request for Qualifications (RFQ) process. The funds are available in a Division of Water account 53230806 445100, an account(s) to be named at a later date. Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated July 16, 2014, be received and filed; and That the Common Council hereby authorizes the Department of Public Works, Parks and Streets to hire Nussbaumer and Clarke, Inc. for study, design, bid and construction phase services for the rehabilitation of pumps, motors and all related equipment at the Manhattan Avenue Pump Station. The consultant will be chosen through a Request for Qualifications (RFQ) process. The funds are available in Division of Water Account #53230806 445100, and an account(s) to be named at a later date. PASSED AYES 9, NOES 0 NO. 1666 PERMISSION TO ENTER INTO AGREEMENT BUFFALO ZOOLOGICAL SOCIETY ARTIC EDGE POLAR BEAR EXHIBIT NORTH DISTRICT Permission is hereby requested to Enter into Agreement with the Buffalo Zoological Society for the Artic Edge Polar Bear Exhibit. This Agreement will allow the City to pay invoices from Pike Company that are directly related to the Attic Edge Polar Bear Exhibit at the Buffalo Zoo under our Capital Program. This Agreement is not to exceed $1,732,883.21 and funds for this work are available in account #37288606 - 445100, #36328606 - 445100 and #35328606 - 445100- Buildings. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets, dated July 17, 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 the Buffalo Zoological Society for the Arctic Edge Polar Bear Exhibit to allow the City to pay invoices from Pike Company that are directly related to the Arctic Edge Polar Bear Exhibit at the Buffalo Zoo. The agreement is not to exceed $1,732,883.21. Funding for this work is available in Accounts #37288606 - 445100, 36328606 - 445100, and 35328606 - 445100 - Buildings. PASSED AYES 9, NOES 0 NO. 1667 PERMISSION TO ENTER INTO AGREEMENT INTERFLEET VEHICLE GPS SERVICE & MAINTENANCE CONTRACT EXTENSION Permission is hereby requested to extend /renew the contract that expired 6/30/14 and enter into a new agreement with Interfleet for the service and maintenance of GPS equipment installed in Public Works vehicles. This extension would be for one (1) year and also includes three (3) one year extension options. The first year of this agreement would run thru June 30 th, 2015 and would not exceed $72,976.44 ($6,081.27 p /month). Monthly rate may be decreased based on service needs. Interfleet currently services all Department of Public Works GPS equipment and have agreed to hold their price. I recommend that your Honorable Body authorize the Commissioner of Public Works, Parks and Streets to enter into an estension /renewal agreement. Funds for this contract are available in 15030006 - 443400. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets, dated July 14, 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 Interfleet for the service and maintenance of GPS equipment installed in Public Works vehicles. This extension would be for one (1) year, and also include three (3) one year extension options. Funds for this contract are available in Account #15030006 443400. PASSED AYES 9, NOES 0 NO. 1558 PERMISSION TO ENTER INTO AGREEMENT TIFFT ST. NATURE PRESERVE SOIL REMEDIATION (SOUTH) Permission is hereby requested to enter into agreement with Kirst Construction for the emergency soil remediation at the Tifft St. Nature Preserve. Buffalo Museum of Science had contracted with Kirst for the construction of an addition to the Nature Preserve Building when stockpiles were discovered. Cost of this remediation is $34,087.50 and have been reviewed by the Department of Public Works, Parks & Streets and found to be fair and equitable. Funds for this work are available in account #31310906 - 445100 - Buildings. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets, dated July 15, 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 Kirst Construction for the emergency soil remediation at the Tifft Street Nature Preserve. Funds for this contract are available in Account #31310906 - 445100 - Buildings. PASSED AYES 9, NOES 0 NO. 1559 PERMISSION TO HIRE FOR CITYWIDE TREE MANAGEMENT INVENTORY UPDATE AGREEMENT BETWEEN CITY OF BUFFALO AND DAVEY RESOURCE GROUP Request for Proposals were publicly announced June 9, 2014 and I received the following formal sealed proposal for Citywide Tree Management Inventory Update which was publicly opened on June 20, 2014. The following proposal was received: Company Proposal Davey Resource Group $383,900.00 1 hereby certify that the foregoing is a true and correct statement of all proposals received and that Davey Resource Group, with a bid of three hundred eighty - three thousand, nine hundred dollars ($383,900.00), is the lowest responsible proposer in accordance with the scope of services. I hereby respectfully request that Your Honorable Body approve this agreement between the City of Buffalo and Davey Resource Group to provide professional services necessary to update citywide street tree inventory for related planning and management of City owned trees. Funds for this work are available in Account #37403906 - 445100, 14570006 - 480000 and account(s) to be named at a later date. Your consideration toward this request is greatly appreciated. Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated July 14, 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 Davey Resource Group for Citywide Tree Management Inventory Update, with a total bid amount of $383,900.00. Funds are available in Account #37403906 - 445100, 14570006 - 480000, and an account(s) to be named at a later date. PASSED AYES 9, NOES 0 NO. 1560 PERMISSION TO HIRE CONSULTANT VARIOUS LOCATIONS DESIGN STANDARDS JOB #1421 ALL DISTRICTS 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 development of design standards for the Office of Planning & Design (OP &D). The design standards will provide consistent and proven design solutions for various building systems, ensure the City's Energy Plan and Codes are included in the design, and provide a means of incorporating new design solutions into a standardized practice for the OP &D. The cost for consulting services is estimated not to exceed $50,000.00. Funds are available in the 2014 Authorized Capital Improvement Program ($535,000.00); unissued waiting for account numbers. 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 Department of Public Works, Parks and Streets, dated July 15, 2014, be received and filed; and That the Common Council hereby authorizes the Department of Public Works, Parks and Streets to hire a consultant to provide architectural /engineering services for development of design standards for the Office of Planning and Design. The consultant was chosen through a Request for Qualifications (RFQ) process. Funds are available in the 2014 Authorized Capital Improvement Program. PASSED AYES 9, NOES 0 NO. 1561 PERMISSION TO HIRE CONSULTANT VARIOUS LOCATIONS EQUIPMENT & PRODUCT STANDARDS JOB #1422 ALL DISTRICTS 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 development of equipment and product standards for the Office of Planning & Design (OP &D). The Equipment and Product Standards is a list of the equipment and products for various building systems that will be used for design, with high performance and life cycle ratings, and allows the Division of Buildings to use just -in -time inventory practices to reduce current inventory levels and costs. The cost for consulting services is estimated not to exceed $30,000.00. Funds are available in the 2014 Authorized Capital Improvement Program ($535,000.00); unissued waiting for account numbers. 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 Department of Public Works, Parks and Streets, dated July 15, 2014, be received and filed; and That the Common Council hereby authorizes the Department of Public Works, Parks and Streets to hire a consultant to provide architectural /engineering services for development of equipment and product standards for the Office of Planning and Design. The consultant was chosen through a Request for Qualifications (RFQ) process. Funds are available in the 2014 Authorized Capital Improvement Program. PASSED AYES 9, NOES 0 NO. 1562 PERMISSION TO HIRE AN ENGINEERING CONSULTANT AND PERMISSION TO ENTER INTO AGREEMENTS AS NEEDED WITH FHWA, NYSDOT, NFTA, BSA AND CITY OF BUFFALO WATER BOARD FOR THE DESIGN, CONSTRUCTION, ADMINISTRATION AND INSPECTION OF THE COURT STREET GATEWAY PROJECT BETWEEN NIAGARA SQUARE AND MAIN ST. CITY OF BUFFALO, COUNTY OF ERIE ELLICOTT DISTRICT The City of Buffalo have designated $750k for the design, construction, administration and inspection of Court Street Gateway Project between Niagara Square and Main 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 any and all necessary agreements with the FHWA, NYSDOT, NFTA, BSA and COB Water Board. These agreements would enable this Department to administer this project and will cover all necessary work needed to complete the design, construction, administration and inspection of this project. Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated July 9, 2014, be received and filed; and That the Common Council hereby authorizes the Mayor and /or the Department of Public Works, Parks and Streets to enter into all necessary agreements with the Federal Highway Administration, New York State Department of Transportation, Niagara Frontier Transportation Authority, Buffalo Sewer Authority, and the City of Buffalo Water Authority for the design, construction, administration and inspection of the Court Street Gateway Project between Niagara Square and Main Street in the City of Buffalo. PASSED AYES 9, NOES 0 NO. 1563 PERMISSION TO INCREASE CONSULTANT CONTRACT WENDEL CONTRACT # 93001122 OHIO STREET WATERMAIN INSTALLATION CONSTRUCTION INSPECTION SERVICES I hereby submit to your Honorable Body the following change for this contract. Wendel is the engineering consultant for the Ohio Street Watermain Installation Construction Inspection Services. This increase is necessary for services related to additional inspection hours on this watermain installation project. Wendel will continue to provide additional engineering services on the annual per diem basis (hourly labor plus expenses) with a not to exceed amount of $12,800.00. 1 certify that this increase is fair and equitable for the work involved and respectfully request that your Honorable Body approve the subject change order and authorize the Commissioner of Public Works, Parks and Streets to issue said increase for $12,800.00. The funds are available in a Division of Water account(s) 53230786 445100, an account(s) to be named at a later date. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works Parks and Streets, dated July 16, 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 $12,800.00 (Original Contract Amount $34,600.00 + Change Order #1 $12,800.00 for a Revised Contract Amount of $47,400.00) for the Ohio Street Watermain Installation Construction Inspection Services, to Wendel, C #93001122. Funding is available in Division of Water Account(s) 53230786 445100, and an account(s) to be named at a later date. PASSED AYES — 9 NOES — 0 NO. 1564 PERMISSION TO NEGOTIATE /ACQUIRE RIGHT OF WAY PARCELS NORTH BUFFALO RAILS- TO - TRAILS PROJECT FHWA/NYSDOT PIN # 5756.83 UNIVERSITY DISTRICT (ITEM NO. 1442, CCP 07/08/14) Your Honorable Body previously approved the item referenced above which allowed our department to negotiate and acquire the necessary ROW parcels related to the subject project. As result of these negotiations, the costs of the acquisition of the two parcels exceeded previously approved amount of $ 25,000 and the new amounts are as follows: Property Address Property Owner Square Footage Price 108 Custer St Mark V. Koehler 1084 $30,000 66 Custer Street University Garden Apartments LP 66 $700 All legal descriptions, maps and appraisals of two parcels that are requiting for the project has been prepared by our project consultant. This is a federal funded project and City's share is 20% of the total costs. The funds are available in our Capital Accounts. I am therefore requesting that Your Honorable Body hereby authorize the Mayor, the Commissioner of Public Works, Parks and Streets and or such other appropriate City personnel to execute such documents and take such actions as shall facilitate and complete the acquisition by the City for the two parcels. Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated July 16, 2014, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to negotiate and acquire the necessary right -of -way parcels related to the North Buffalo Rails -To- Trails Project; and hereby authorizes the Mayor, the Commissioner of the Department of Public Works, Parks and Streets and /or other such appropriate City personnel to execute such documents and take such actions as shall facilitate and complete the acquisition and sign lease agreement by the City for the two parcels of land. All legal descriptions, maps and /or appraisals for the two parcels that are required for the project have been prepared by a project consultant as follows: Property Address Property Owner Square Footage Price 108 Custer St Mark V. Koehler 1084 $30,000 66 Custer Street University Garden Apartments LP 66 $700 This is a federally funded project and the City's share is 20% of the total costs. The funds for this project are available in Capital Accounts. PASSED AYES — 9 NOES - 0 NO. 1565 PERMISSION TO WAIVE FORMAL BIDDING PROCEDURES FOR SINGLE SOURCE PURCHASE OF GPS EQUIPMENT The Department of Public Works, Parks & Streets is requesting permission from Your Honorable Body to waive formal bidding procedures for the single source purchase of GPS equipment. The City's vehicles are currently outfitted with certain GPS equipment from Interfleet. When making purchases of GPS Equipment, now and in the foreseeable future, it would be advantageous to outfit new City Vehicles with the same GPS equipment that is used in City vehicles currently. The Department is in the process of extending Interfleet's GPS equipment maintenance agreement. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets dated July 16, 2014, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to waive formal bidding procedures for the single source purchase of GPS equipment. PASSED AYES — 9 NOES — 0 NO. 1566 REPORT OF BIDS 2014 CITYWIDE TREE REMOVALS CITYWIDE GROUP #800 1 advertised for on June 11, 2014 and received the following formal sealed bids for the 2014 -15 Citywide Tree Removal, which were publicly opened and read on June 27, 2014. Total Bid Tree Care of New York, LLC $356,400.00 11493 Broadway Alden, New York 14004 Schneck's Tree Removal, Inc. $413,875.01 2861 Southwestern Blvd. Orchard Park, New York 14127 1 hereby certify that the foregoing is a true and correct statement of all bids received and that Tree Care of New York, LLC with a Total Bid of Three Hundred Fifty Six Thousand Four Hundred and 00/100 ($356,400.00), is the lowest responsible bidder. I recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to order on the basis of the lowest responsible bidders. Funding for this project is available in the Tree Removal 2013 Bond Sale authorized by the Common Council and other account(s) to be named at a later date. Department Head Name: Steven J. Stepniak Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets, dated July 15, 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 2014- 15 Citywide Tree Removal, with Tree Care of New York, LLC, with a total bid of $356,400.00. Funding for this project is available in the Tree Removal 2013 Bond Sale authorized by the Common Council, and other account(s) to be named at a later date. PASSED AYES — 9 NOES — 0 NO. 1567 REPORT OF BIDS - CORRECTION DUDLEY LIBRARY PARTIAL RECONSTRUCTION JOB NO. 1408 SOUTH DISTRICT ITEM NO. 997 CCP 5/13/14 1 asked for on March 18, 2014, and received the following informal sealed bids for Dudley Library partial reconstruction, which were publicly opened and read on April 8, 2014. Base Bid Alt #1 Alt #2 Nichter Construction $99,000.00 $6,424.00 $2,035.00 Northern Dreams Constr 105.000.00 $3,750.00 $1,600.00 Miller Enterprises, Inc $111,000.00 $4,000.00 $6,000.00 'Hadala Construction Inc $89,000.00 $7,200.00 $2,500.00 CR Edwards Construction No bid RB Mac Construction No bid 'Non Responsive bid per Law Department Alternate #1: Door /Frame Demolition - Southeast Corner, East Elevation Alternate #2: Existing Masonry Removal - South Wall near East Corner I hereby certify that the foregoing is a true and correct statement of all bids received and that Nichter Construction, with a Base Bid of $99,000.00, add Alternate 01 for $6,424.00, add Alternate #2 for $2,035.00, for a total bid of On Hundred Seven Thousand Four Hundred Fifty Nine and 00/100 Dollars ($107,459.00) 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 Account No. 33321006 445100 - Buildings and Account No. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets, dated July 15, 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 Dudley Library partial reconstruction with Nichter Construction, with a total bid of $107,459.00 (Base Bid of $99,000.00 + Alt. #1 for $6,424.00 + Alt. #2 for $2,035.00 for a Total Bid of $107,459.00). Funding for this project is available in Account #33321006 445100 - Buildings, and Account #35328406 445100 - Buildings. PASSED AYES — 9 NOES — 0 NO. 1568 RIGHT -OF -WAY DONATION AGREEMENT WITH COLVIN OAKDALE LLC ( COLVIN ESTATES ITEM NO. 36, C.C.P., JULY 20, 2010 Attached please find a proposed Right -of -Way Donation Agreement between the City of Buffalo and Colvin Oakdale, LLC for acceptance of a street right -of -way in the proposed Colvin Woods Subdivision - Colvin Estates Phase 2. Material terms of the agreement are: Colvin Oakdale shall convey to the City real property sufficient to build an improved right -of- way /new public street (construction at the City's expense, not to exceed $492,500 in total costs to the City) to serve the proposed Colvin Estates Phase 2 subdivision, subject to the prior conditions that: Colvin Oakdale will, as its sole cost and expense, provide an environmental report that evidences to the City's satisfaction that there is no contamination in the right -of -way or the proposed subdivision, and The City shall have entered into contracts for construction of public infrastructure for the proposed public street, If the environmental reports do not satisfy the City that there is no environmental contamination, the City may cancel the agreement. Colvin Oakdale shall deliver a warranty deed to the City. The property transfer shall be a donation to the City, and the City shall incur no acquisition costs and no closing costs. The Department of Public Works, Parks and Streets respectfully requests that your Honorable Body: 1.) authorize the Mayor of the City of Buffalo to execute a Right -of -Way Donation Agreement substantially similar to the attached agreement, subject only to such amendments and clarifications as are recommended by the Corporation Counsel's Office in finalization of the agreement; 2.) authorize City personnel to take all such steps and enter into agreements as are necessary to carry out the objectives set forth above; and 3.) authorize City personnel to record a deed of the donated right of way area. Mr. Smith moved: That the above item, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets, dated July 21, 2014, be received and filed; and That the Common Council hereby authorizes the Mayor of the City of Buffalo to execute a Right -of -Way Agreement between the City of Buffalo and Colvin Oakdale, LLC for acceptance of a street right -of -way in the proposed Colvin Woods Subdivision - Colvin Estates Phase 2, subject only to such amendments and clarifications as are recommended by the Corporation Counsel's Office in finalization of the agreement; and that the Common Council hereby authorizes City personnel to take all such steps and enter into agreements as are necessary to carry out the objectives as set forth; and that the Common Council hereby authorizes City personnel to record a deed of the donated right -of -way area. PASSED AYES — 9 NOES - 0 NO. 1569 APPOINT ACCOUNTANT(PROV)(MAX)(BELTON) Appointment effective 07/07/2014 in the Department of Public Works, Parks and Streets, Division of Engineering to the Position of Accountant, Provisional at the maximum Starting Salary of $ 45,961.00 Teresa Belton, 583 Spring St, Buffalo, NY 14204 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 1570 APPOINT ASSISTANT ENGINEER(PERM)(INTER)(PECORARO Appointment effective 07/08/2014 in the Department of Public Works, Parks and Streets, Division of Engineering to the Position of Assistant Engineer, Permanent at the Intermediate Starting Salary of $ 48,656.00 Phillip Pecoraro, 318 Holly St, Buffalo, NY 14206 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 1571 APPOINT WATER SERVICE WORKER(TEMP)(INTER)(SOBOCINSKI) Appointment effective 07/08/2014 in the Department of Public Works, Parks and Streets, Division of Water to the Position of Water Service Worker, Temporary at the Intermediate Salary of $26,199.00 Jason Sobocinski, 348 Gold Street, Buffalo, NY 14206 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE CORPORATION COUNSEL NO. 1572 EXTENSION OF THE LOCK -UP AGREEMENT BETWEEN THE CITY OF BUFFALO AND THE COUNTY OF ERIE FOR THE HANDLING OF PRE - ARRAIGANED FEMALE ARRESTEES ITEM # 90 CCP# 01/21/2014 1 respectfully request that your Honorable Body authorize the continuation of the City's pre- arraigned female arrestee detention at the County Cell Block, per the attached Fourth Amendment to Lock -Up Agreement. The Departments of Public Works, Police, and Law have worked tirelessly to finalize architectural plans for the construction of the City's Female Cell Block and to prepare for the hiring of the requisite personnel to staff it. The New York State Commission on Corrections has now approved both the City's design and construction plans and this final extension with the County of Erie to continue to provide this vital service. The Erie County Legislature has also approved this final extension with the City to facilitate the transfer of the female arrestees back to the City in an orderly and responsible manner. Construction can now begin on the new facility with a firm opening date of March 1, 2015. The attached Fourth Amended Agreement includes the same essential term) as the previous amendment to the contract and would extend the agreement through March 1, 2015. The contemplated timeframe was negotiated to allow the City adequate time to finalize plans for the expansion of its existing Holding Center to accommodate the detention of the City's pre- arraigned female arrestees. Thank you for your consideration of this extension. Mr. Smith moved: That the above item be, and the above communication from the Office of the Corporation Counsel, dated July 21, 2014, be received and filed; and That the Common Council hereby authorizes the continuation of the City's pre- arraigned female arrestee detention at the County Cell Block through March 1, 2015 as outlined in the Fourth Amended Agreement submitted with the Common Council communication. PASSED AYES — 9 NOES - 0 I y :IQ Vi11111. 1 ZKKS]LVihVi11.1-111*] L 14:ZO] 2 0611 IN o NO. 1673 PERMISSION TO ACCEPT TEN (10) MOBILE COMPUTER TERMINALS FROM ERIE COUNTY The Buffalo Police Department continues to be successful in securing grant funding through various sources, and as a result has established effective partnerships, one of which is with the Erie County Department of Emergency Services as a result of our involvement in the Buffalo /Erie /Niagara homeland security working group. Erie County's SHSP 2011 Grant: Under Erie County's 2011 State Homeland Security Program (SHSP) Grant, the Department of Emergency Services will be giving ten (10) mobile computer terminals (MCTs) to the Buffalo Police Department so that Buffalo Police can continue with its efforts on the active shooter crisis management initiative being funded with the City's own SHSP 2011 and 2012 funding. I am requesting Your Honorable Body to authorize the City to accept the ten (10) MCTs from the County of Erie. Buffalo is purchasing equipment, including software technology and antennas for approximately (88) Buffalo Public Schools that will give them the accessibility to the Buffalo Board of Education's school camera system that will be interfaced within Buffalo Police District Supervisor Vehicle(s), as well as SWAT Command Vehicle(s). This will provide law enforcement's on -scene commanders with germane information that will allow them to make informed and timely rapid response operational decisions during a crisis situation, especially for an active shooter. Antennas are placed on City schools, Buffalo school facilities' management and 1 st responders will have a response capability system in place for reacting to any type of active shooter /intruder on school premises situation moving forward beyond the life of the SHSP Grant. The equipment will enable key personnel to be aware of the surrounding environment and any possible dangers and will support site security to responding law enforcement teams (SWAT, Bomb Squad). Once the antennas are in place, it will give schools the opportunity to stage practiced drills as part of the response training for both law enforcement and school personnel. The antennas being purchased emphasize Buffalo's focus of funds on its preparation for an event of high consequences that will be ingrained as part of our operational structure at the scene of this type of incident (s) with the goal of saving as many lives as possible. This project is in process for the actual licensing and technology covered by the City of Buffalo's 2011 and 2012 SHSP funding, but we ran into a snag for the deployment of the technology due to the fact that our mobile computer terminals (MCTs) for our School Resource Officers need more men]on /capability to accept the drawings /maps and pictures to support the data required. Within the City's grant funding sources, there are no funds to replace these MCTs, and Buffalo Police was also denied funding from a couple of other grant sources outside Homeland Security funding. At a Homeland Security partnership meeting, the County heard about our inability to find other funding to purchase the MCTs to support this project, and generously offered to give us the ten (10) MCTs needed for this initiative out of their own 2011 SHSP Funding. A resolution authorizing the County's transfer of equipment and ownership of these ten (10) MCTs to the Buffalo Police Department is being presented to the Erie County Legislature for approval later this month, and once approved; the MCTs will become the sole property of the BPD and ultimately removed from the County inventory list. If you should helve any questions, please contact Captain Mark Makowski or Maureen Oakley of our Grants Section at 851 -4475. The Buffalo Police Department is respectfully requesting that Your Honorable Body authorize the following: (1) For the City to accept ten (10) Mobile Computer Terminals from Erie County under the County of Erie's 2011 $HSP Grant; (2) Authorize the City of Buffalo and Buffalo Police personnel to take other steps as are necessary or useful in facilitating the acceptance and utilization of the Mobile Computer Terminals. Mr. Smith moved: That the above item be, and the above Communication from the Commissioner of the Buffalo Police Department, dated July 3, 2014, be received and filed; That the Common Council hereby authorizes the Commissioner of Police to accept ten (10) mobile computer terminals from Erie County under the County of Erie's 2011 Homeland Security Program Grant; and that the Common Council hereby authorizes the City of Buffalo and Buffalo Police personnel to take other steps as are necessary or useful in facilitating the acceptance and utilization of the mobile computer terminals. PASSED AYES — 9 NOES — 0 NO. 1674 APPOINT DEPUTY POLICE COMMISSIONER (EXEMPT)(BEATY) Appointment effective 07/07/2014 in the Department of Police to the Position of Deputy Police Commissioner, Exempt at the Flat Salary of $105,247 Kimberly L. Beaty, 7 New Southgate, Buffalo, NY 14215 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT & INSPECTION SERVICES NO. 1676 FOOD STORE (NEW) 2906 BAILEY (MASTEN) Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 2906 BAILEY (MOKHTAR NASSER /BAILEY ONE STOP SHOP.) and fund that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collections Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Department of Permits and Inspection Services, dated July 11, 2014, be received and filed; and That the Commissioner of Permits and Inspections Services is hereby authorized pursuant to Chapter 194 of the City Code to issue a Food Store License to Mokhtar Nasser d /b /a Bailey One Stop Shop located at 2906 Bailey. PASSED AYES — 9 NOES — 0 NO. 1676 FOOD STORE (NEW) 1200 HERTEL AKA 1212 (DELAWARE) Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 1200 HERTEL aka 1212 (ER1 K HOERTZ /CARUSO'S ITALIAN IMPORTS 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 —om the Zoning Office, Fire Department, Building Inspections, Police Department and Collections Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Department of Permits and Inspection Services, dated July 15, 2014, be received and filed; and That the Commissioner of Permits and Inspections Services is hereby authorized pursuant to Chapter 194 of the City Code to issue a Food Store License to Erik Hoertz d /b /a Caruso's Italian Imports LLC located at 1200 Hertel a /k/a 1212 Hertel. PASSED AYES — 9 NOES — 0 NO. 1577 FOOD STORE (NEW) 179 MILITARY (NORTH) Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 179 MILITARY (TEKESTE BEKELE /S & M MARKET.) and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collections Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION. NO. 1578 MOBILE FOOD TRUCK -111 BIDWELL PKWY(NEW APPLICATION) Pursuant to Chapter 316 Article IX of the City of Buffalo Ordinances, please be advised that I have caused an investigation into the food truck at 111 Bidwell Pkwy, NY for which said application for a Mobile Food Truck license is being sought by Susan Tranlde @ Big Sultic's Little Bakery and according to the attached reports from the Fire Department and Police record check I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Signature of Department Head: Department Head Name: Mr. Smith moved: That the above item be, and above communication from the Commissioner of the Department of Permits and Inspection Services, dated April 10, 2014, be received and filed; and That pursuant to Chapter 316, Article IX of the City of Buffalo Ordinances, the Commissioner of the Department of Economic Development Permit and Inspection Services be, and he hereby is authorized to grant a Mobile Food Truck License to Susan Trankle of 111 Bidwell Parkway, Buffalo, New York 14222, d /b /a Big Suzie's Little Bakery is hereby approved. PASSED AYES — 9 NOES — 0 NO. 1579 MOBILE FOOD TRUCK -410 CONNECTICUT ST(NEW APPLICATION) Pursuant to Chapter 316 Article IX of the City of Buffalo Ordinances, please be advised that I have caused an investigation into the food truck at 410 Connecticut St, NY for which said application for a Mobile Food Truck license is being sought by Michael Pierro @ Mineo & Sapio and according to the attached reports from the Fire Department and Police record check I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Signature of Department Head: Department Head Name: Mr. Smith moved: That the above item be, and above communication from the Commissioner of the Department of Permits and Inspection Services, dated April 10, 2014, be received and filed; and That pursuant to Chapter 316, Article IX of the City of Buffalo Ordinances, the Commissioner of the Department of Economic Development Permit and Inspection Services be, and he hereby is authorized to grant a Mobile Food Truck License to Michael Pierro of 410 Connecticut Street, Buffalo, New York 14213, d /b /a Mineo & Sapio is hereby approved. PASSED AYES — 9 NOES - 0 NO. 1580 SIDEWALK CAFE -333 FRANKLIN(FILL) Pursuant to Chapter 150 of the City of Buffalo Ordinance please be advised that I have examined the attached application for a Sidewalk Cafe License located at 333 Franklin (Blood and Sand) and find that as to form is correct. This Sidewalk Caf6 had been previously approved by the Common Council. I find it complies with all regulations and other applicable laws. The attached application is thereto for 333 Franklin. This request is submitted for your approval or whatever action you deem appropriate. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Department of Permits and Inspection Services, dated June 26, 2014, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Permits and Inspection Services, pursuant to Chapter 150 of the City of Buffalo Charter, to approve the application of Zack Mikida, d /b /a Blood and Sand, for a Sidewalk Caf— License located at 333 Franklin. PASSED AYES — 9 NOES - 0 NO. 1581 USED CAR DEALER 1353 EAST DELAVAN (LOVEJOY) Pursuant to Chapter 254 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Used Car Dealer License located 1353 EAST DELAVAN and find that as to form is correct. I have caused an investigation into the premises for which said application for a used car dealer license is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspections; I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of ARMEN AYRAPETOV. The attached thereto for ARMEN AYRAPETOV /dba /E. DELAVAN AUTO SALES & REPAIR INC. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION FROM THE BUFFALO SEWER AUTHORITY NO. 1682 RESPONSE FOR BSA'S CONSTRUCITON ON BIRD AVE AND LANG AVE PROJECTS Dear Mayor Brown: I am writing to provide an update regarding Charles R. Tarr's Article 78 Petition for a Writ of Prohibition ( "Petition ") against the Buffalo Sewer Authority in opposition to the BSA's Real Time Control Projects currently under construction on Bird" Avenue and Lang Avenue ( "Projects). As you know, the Projects were undertaken to comply with the United States Environmental Protection Agency's Combined Sewer Overflow Control Policy and the [I.S, Environmental Protection Agency's Administrative Order. Mr. Tarr alleged, among other things, that the BSA violated State law" by not conducting a sufficient environmental review pursuant to the State Environmental Quality Review Act ( "SEQRA "). On June 26. 2014, New York State Supreme Court Judge Jeremiah J. Moriarty dismissed Mr. Tarr's Petition. Our special counsel, Charles C, Martorana, represented the BSA and reports that the Court adopted the BSA's main argument that the Petition was untimely under the statute of limitations and that the BSA properly reviewed the Projects purser to the SEQRA. Significantly, the Court ruled that the Real Time Control Projects at Bird Avenue and Lang Avenue were finalized as part of the Phase 1 projects, included in the BSA's Long Term Control Plan 2012 Update, mad thus were properly evaluated as pan of the BSA's SEQRA review. Accordingly, the state of limitations to contest SEQRA compliance began to run in 2012 when the BSA issued its negative declaration, and the Petition is time barred and dismissed with prejudice. Please contact me if you have any questions regarding the Projects Sincerely David P. Comerford REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT FROM THE CITY CLERK NO. 1583 ITEMS RETURNED BY MAYOR WITHOUT APPROVAL /DISAPPROVAL MEETING 7/8/14 1 hereby inform you that the following Item which was passed by the Common Council on July 8, 2014 No. 1509 Waiver of Fees for Veterans Affairs Welcome Home Troops Event No. 1514 Waive Fees for Love thy Neighbor Weekend to Remember No. 1515 Wavier of Special Events Fee for Myamnar- Burmese Water Festival No. 1516 Waive Event Fees for Poll Watcher Training and Instruction No. 1517 Waive Event Fees for the Bishop Timon -St Jude Lawn Fate No. 1523 Waive Fees for YMCA Bflo Nia Summer Day Camp No. 1528 Waive Park Rental and Event Fees -2014 High Reunion Was presented to the Mayor on July 11, 2014 and returned to the City Clerk on July 18, 2014 without approval or disapproval RECEIVED AND FILED NO. 1584 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 520 Elmwood Avenue 520 Elmwood Avenue Saigon Cafe Inc. 75 Main St 716 Sports Bar and Grill 716 Sports Bar and Grill. LLC RECEIVED AND FILED NO. 1585 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: Economic Development & Permit and Inspection Services- Matthew Baudo, Louis Petrucci, Timothy Keenan RECEIVED AND FILED. NO. 1586 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. 1587 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 July 9, 2014 in the Department of Masten Council District to the Position of Intern VI Unclassified Non - Competitive Flat Starting Salary of $10.00 Alize Allen, 443 Cambridge Avenue, Buffalo 14215 Cheri Patterson, 51 Trammell Walk, Buffalo 14204 Certificate of Appointment Appointment effective July 9, 2014 in the Department of University Council District to the Position of Intern VI Unclassified Non - Competitive Flat Starting Salary of $10.00 Taisha St. Jean, 494 Ontario Street, Buffalo 14207 Certificate of Appointment Appointment effective July 10, 2014 in the Department of Masten Council District to the Position of Intern VI Unclassified Non - Competitive Flat Starting Salary of $10.00 Candace Garner, 266 Highgate Avenue, Buffalo 14215 NO. 1588 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 July 17, 2014 in the Department of University Council District to the Position of Intern VI Unclassified Non - Competitive Flat Starting Salary of $10.00 Brianna Dockery, 259 Roslyn Street, Buffalo 14215 Certificate of Appointment Appointment effective July 17, 2014 in the Department of Fillmore Council District to the Position of Intern IX Unclassified Non - Competitive Flat Starting Salary of $12.66 Ian L. Wildman Kamery, 99 Russell Avenue, Buffalo 14214 Certificate of Appointment Appointment effective July 18, 2014 in the Department of Masten Council District to the Position of Intern VI Unclassified Non - Competitive Flat Starting Salary of $10.00 Gibran Johnson, 23 Andover Avenue, Buffalo 14215 NO. 1589 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 July 21, 2014 in the Department of Delaware Council District to the Position of Intern VI Unclassified Non - Competitive Flat Starting Salary of $10.00 Michael Jaszcz, 62 Oxford Avenue, Buffalo 14209 NO. 1590 NOTICES OF APPOINTMENTS - SEASONAL /FLAT I transmit herewith certificates received by me, reporting seasonal and flat salary appointments made in various departments. RECEIVED AND FILED. Certificate of Appointment Appointment Effective 7/7/14 in the Department of Audit and Control Division of Comptroller's Office to the Position of Intern Unclassified Non - Competitive Hourly Starting Salary of $10.00 Nicholas Sam, 68 Colonial Circle, Buffalo 14213 Certificate of Appointment Appointment Effective 7/10/14 in the Department of Audit and Control Division of Comptroller's Office to the Position of Intern Unclassified Non - Competitive Hourly Starting Salary of $10.00 Cody Elniski, 555 Ontario Street, Buffalo 14207 Certificate of Appointment Appointment Effective 7/17/14 in the Department of Public Works, Parks & Streets Division of Engineering to the Position of Bridge Operating Engineer, Seasonal Non - Competitive Flat Starting Salary of $12.66 Daniel Griffin, 24 Robins Street, Buffalo 14220 Certificate of Appointment Appointment Effective 6/30/14 in the Department of Public Works, Parks & Streets Division of Parks to the Position of Life Guard, Seasonal Non - Competitive Flat Starting Salary of $12.66 Chelsea Zakowski, 70 Good Avenue, Buffalo 14220 Certificate of Appointment Appointment Effective 7/7/14 in the Department of Public Works, Parks & Streets Division of Parks to the Position of Life Guard, Seasonal Non - Competitive Flat Starting Salary of $12.66 Joshua Hidalgo, 35 West Avenue, Buffalo 14201 Certificate of Appointment Appointment Effective 7/11/14 in the Department of Public Works, Parks & Streets Division of Parks to the Position of Laborer 11, Seasonal Non - Competitive Flat Starting Salary of $12.66 Brittany Johnson, 161 Marine Dr. #8F, Buffalo 14202 NO. 1591 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 7/21/14 in the Department of Administration, Finance, Policy and Urban Affairs Division of Treasury to the Position of Treasury Administrator Provisional Appointment Minimum Starting Salary of $44,855 Louisa Kowalski, 151 Saranac Lower, Buffalo 14216 Certificate of Appointment Appointment Effective 7/7/14 in the Department of Assessment and Taxation to the Position of Junior Data Control Clerk Temporary Appointment First Step Starting Salary of $31,084 Helena Tamar Counts, 49 Erskine Avenue, Buffalo 14215 Certificate of Appointment Appointment Effective 8/4/14 in the Department of MIS to the Position of Sr. Data Processing Equipment Operator Provisional Appointment Minimum Starting Salary of $36,483 Ronisha Rice, 233 High Street, Buffalo 14204 Certificate of Appointment Appointment Effective 7/14/14 in the Department of Police to the Position of Report Technician, Provisional Appointment Minimum Starting Salary of $32,816 Kara Scanlon, 32 Tuscarora Rd, Buffalo 14220 NON - OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON - OFFICIAL COMMUNICATIONS NO. 1592 J. BAURER WALKER- ENGAGING PARENTS BASED ON THEIR ASSETS Background and Context Research shows that parent involvement is the number one indicator of student success. There are many barriers to parental participation in Buffalo Public Schools, from high rates of poverty amongst families, to cultural and language barriers between parents and teachers /administrators, to entrenched systems that are not set up to support the involvement of parents as full stakeholders. Due to these barriers, District and school -based grant applications, plans, and budgets have consistently been designed and submitted with little parent involvement; in spite of the fact that it required by local, state, and federal laws that govern shared decision making. Additionally, students and parents have expressed a desire to contribute in a more meaningful way on a classroom, school building, and district -wide level to work in partnership with teachers and administrators, and to ensure that Buffalo Schools plans and initiatives are designed and implemented in a way that meets the needs of and capitalizes on the assets of families. Seeing Parents as Assets- the Asset Based Community Development Approach (ABCD) While many Buffalo Schools families deal with systemic and persistent poverty, single parent households, and issues including domestic and community violence, trauma, mental health and substance abuse; parents have many unrealized assets to contribute to their children, schools, and the wider community. The Buffalo Schools District Parent Coordinating Council (DPCC) has developed the framework for an infrastructure that would engage parents and stakeholders to help move the district in a better direction in terms of authentic parent involvement called "Maximizing Parent Involvement," which would create parent leadership on the classroom, grade, school building, and District -wide level. This plan is based on a foundation of "asset mapping" the parents in each classroom, and then "asset mobilizing" in order to create vibrant parent /teacher partnerships, address parent and student needs, and capitalize on the skills, knowledge, and talents that parents bring to their children's education and the school environment. To effectively engage parents, we need to see them not just as people who are in need of help and services, but also through a lens of a strengths- based, empowerment orientation. The below chart illustrates the paradigm shift that is necessary to not just involve, but also empower parents, which will build and sustain involvement: SERVICE APPROACH EMPOWERMENT APPROACH Emphasis on needs Emphasis on assets Responds to problems Builds on opportunities Oriented to helping Oriented to investment Energy comes from agencies Energy comes from local groups Focus on fixing individuals Focus on building community Goal is service Goal is empowerment Power comes from credentials Power comes from relationships Programs are the answer People are the answer Asset Based Community Development (ABCD) recognizes that it is not enough to deliver education to parents and students. Parents must become the co- producers of vibrant schools and positive education outcomes, building from their existing assets to address root causes of poor education outcomes. ABCD has been applied in schools and communities around the country based on the following principles and practices: ABCD principles: ABCD practices: • Asset -based (built on positives)Asset mapping (finding all the good things), and • Relationship driven (centered on the people in and working with school) Asset mobilizing (doing something with the good things) • Locally focused (place based in the school /community) Using Asset Mapping and Asset Mobilizing in Classrooms and Schools. The Community Health Worker Network of Buffalo and the District Parent Coordinating Council have partnered to develop a framework and training for parents and teachers to asset map their classrooms and school buildings, based on the premise that every parent has assets to offer to their children's education and the school their children attend. The following strategy for asset mapping has been used to help parents think about ways they can be involved in a way that meets their skills, knowledge, and what they care about such as this: a) Gifts of the head: Things you know something about, i.e. School -Based Management Teams, special education, nutrition, a foreign language, etc. b) Gifts of the hand: Things you enjoy doing, i.e. designing flyers, working with /organizing people, event planning, fundraising, reading, art, gardening, etc. c) Gifts of the heart: Things you care deeply about, i.e. children, animals, the environment, health, cultivating kindness, social justice, etc. Creating policies, programs, and engagement opportunities for parents based on strengths, assets, and gifts should be considered as a strategy for increasing and sustaining parent involvement in the Buffalo Schools, as well as the wider community REFERRED TO THE SPECIAL COMMITTEE ON EDUCATION NO. 1593 J. BAUER WALKER- LINKING HEALTH AND EDUCATION TO ENGAGE PARENTS AS COMMUNITY HEALTH WORKERS Education and health outcomes are closely connected to poverty and to each other. The cost per capita to educate and care for children in our schools and health care system is extremely high in Buffalo in relation to the rest of the country. One would think that this investment would be creating a population of educated, healthy children. This is far from the case. Buffalo Public School graduation rates have just plummeted seven points and are now at 47 %, with rates for the most vulnerable, such as black males and refugees, in the 20% range. Health outcomes for Buffalo's children are equally distressing, with high rates of obesity, sexual health risk factors, and engagement in physical violence. Again, poor children are disproportionately represented in those with the lowest health status. Shockingly, nearly 30% of Buffalo Public Schools high school students reported feeling sad or hopeless to the point where it interfered with their daily activities, and 24% thought seriously about committing suicide. Extensive research shows that children who grow up in poverty are more likely to suffer from a range of physical and mental diseases as they age and to experience low academic achievement. Based on this data, our children will live shorter, sicker, less successful lives than their parents. We need to collectively face the reality of the situation of our children, and to address the root causes of why they are failing so profoundly. Research tells us that parental involvement is the number one indicator of student academic performance, and that healthcare accounts for only 20% of what children need to be healthy. Yet those who experience the deepest educational and health disparities do not have the tools and resources they need to be involved in their children's education and to build healthy communities. It takes a village to raise a child. Good villages are based on democracy and equity, where everyone has access to quality schools, safe neighborhoods, healthy foods, opportunities for arts and recreation, and functional family and social networks. Poor and marginalized families face enormous barriers to improving their situation because our village is in a state of dysfunction. The time is now to create a new vision for Buffalo, one where each of us assumes our responsibility and power within the village for ensuring the success of each and every one of our children. Parents and students are ideally positioned to be Community Health Workers through their peer -to peer relationships with families: Better parent engagement in child school /learning environment Parents in the community are encouraged and supported to become engaged and active participants in their child's learning and school, environment. School districts better meet the academic and non - academic needs of their students CHWs help increase awareness and facilitate policy change regarding the need for children to be active and eat well in order to perform well academically. REFERRED TO THE SPECIAL COMMITTEE ON EDUCATION NO. 1694 E. DOYLE- COMMENTS RE EDUCATION MEETINGS THE FOLLOWING COMMENTS AND SUGGESTIONS ARE FROM EVA M. DOYLE, COLUMNIST, RETIRED TEACHER, HISTORIAN FOR AFRICAN AMERICAN HISTORY AND LECTURER. Copy available for review in the City Clerk's Office REFERRED TO THE SPECIAL COMMITTEE ON EDUCATION NO. 1696 C. FRANKLIN- SUPPORT FOR EDUCAITON BILL Bill Number A7568 Sponsor Peoples- Stokes Title of Bill An act to amend the education law, in relation to requiring the board of education in the city of Buffalo to submit the school district budget to the voters for approval prior to adoption Purpose or General Idea of Bill: To enable citizens of Buffalo Public School district budget Summary of Specific Provisions This act would add a new section, §2531 to education law which would require the adoption of the school district budget in the city of Buffalo to be voted on by the public. Justification: The Buffalo Public School District is a dependent school district, and as such our citizens do not get a chance to vote on how the schools budget is allocated unlike most every other school district in the State. The District Parenting Council of Buffalo contends that, through their research, districts voting on their school budget have higher graduation rates with fewer persistently low achieving schools and fewer schools under review. This legislation seeks to make the District more accountable to the community for a budget in excess of $800 million dollar. With graduation rates in the Buffalo Public School system at 50% overall and only 31 %of our black male students graduating; something has to be done. It is vital that we allow our parents to be involved in these types of decisions that they are critical in helping educational outcomes. Our local economy is quickly becoming entirely knowledge based. Minimally, our students need an opportunity to do better than just a high school diploma. In ensuring a high quality secondary education , we will be able to provide them with this opportunity. With the rise of the knowledge based economy inextricably linked to our Bio- informatics and Medical corridors; it is imperative to improve the quality of our schools in support of the jobs that these industries require. Prior Legislative History New Bill Fiscal Implications None REFERRED TO THE SPECIAL COMMITTEE ON EDUCATION NO. 1696 H. FRISCH- PARENT INVOLVEMENT VS PARENT ENGAGEMENT There are two different funding streams that assist schools and the District with Parent Involvement initiatives; parent involvement and parent engagement. To provide clarity on the expectations and "allowable expenses" for each of these programs, a brief summary of each is below. Parent Involvement The focus of expenditures for Title I Parent Involvement is on building the capacity of parents of Title I participating children to be able to join in an effective partnership with schools to support high academic achievement. Expenditures should be planned in accordance with goals, objectives, and activities detailed in the schools Comprehensive Education Plan. Parents of Title I participating children must be consulted regarding Title I expenditures. Such consultation must take place before any expenditure is made, be ongoing and continue throughout the fiscal year. Expenditures should be reasonable and made in accordance with the New York State, Title I Regulations. Examples of Allowable Title I Purchases Examples of Non - allowable Title I Purchases Supplemental, hands -on student learning activities. Hands -on recreation activities Supplemental instructional materials and those that Components of core academic series. support student skill development in CCLS Additional textbooks, teacher editions for intervention Additional textbooks, teacher editions for core program program. Pamphlets to give to parents, providing tips in helping Pamphlets to give to parents about preventing cyber bullying. students with homework and study skills. Books (ex. We Both Read series ) for a Parent Library books or literary works as part of an ELA /reading curriculum Involvement Lending Library Parent Engagement The primary objective of the Parent Engagement set -aside is to enable greater and more meaningful parent participation in the education of their children. Title I, part A funds may be used to support family literacy activities for eligible Title I children, including early childhood education, interactive literacy activities between parents and their children, and training for parents regarding how to be the primary teacher for their children and full partners in the education of their children. Additionally, the Parent Engagement allocation is to be used to support the Six National PTA Standards for Parent Engagement. 1. Welcoming all families into the school community -- Families are active participants in the life of the school, and feel welcomed, valued, end connected to each other, to school staff, and to what students are learning and doing in class. 2. Communicating effectively -- Families and school staff engage in regular, two -way, meaningful communication about student learning. 3. Supporting student success -- Families and school staff continuously collaborate to support students' learning and healthy development both at home and at school, and have regular opportunities to strengthen their knowledge and skills to do so effectively. 4. Speaking up for every child -- Families are empowered to be advocates for their own and other children, to ensure that students are treated fairly and have access to learning opportunities that will support their success. 5. Sharing power -- Families and school staff are equal partners in decisions that affect children and families and together inform, influence, and create policies, practices, and programs. 6. Collaborating with community - Families and school staff collaborate with community members to connect students, families, and staff to expanded learning opportunities, community services, and civic participation. Copy available for review in the City Clerk's Office REFERRED TO THE SPECIAL COMMITTEE ON EDUCATION NO. 1597 K. HERNANDEZ- ACTION PLAN FOR SCHOOLS What I am going to do next..... Copy available for review in the City Clerk's Office REFERRED TO THE SPECIAL COMMITTEE ON EDUCATION NO. 1598 S. RADFORD -SEED SCHOOL CONCENPT Originally founded in 1998 in Washington, DC, the first Seed School opened as a college - preparatory urban boarding school whose mission was to provide academic, organizational, and professional life skills supports that would enable at -risk youth grades 6 - 12 with an opportunity to attend and succeed in college. Students attending a Seed School live at the academy Sunday- Friday with weekends, holidays and summers spent at their homes. The results of a Seed School education has been astonishing: 90% of Seed School students who enter the 9 th grade graduate from high school; more than 90 % of Seed School graduates get accepted into a 4 -year college or university; more than 90% of Seed School graduates have enrolled in a college or university; and more than 60% of Seed School graduates have college degrees or are currently enrolled in a college or university. The success of the Washington, DC Seed School has led to the development of similar schools in Florida and Maryland. A fourth school being planned for Ohio. Undoubtedly, a Seed School operating on the behalf of students and families of the City of Buffalo will offer high risk students with social difficulties at home with an option for successfully completing their education and moving into careers or higher education. Also, the process of developing a Seed School offers various education stake holders - -- Buffalo City Council, Buffalo Board of Education, private businesses, local charities, the Office of the Mayor, NYS Education Department, unions, state and federal elected officials, and parents - - -an opportunity to collaborate on an education goal that would require complex discussions and cooperation of all sectors of the community. Copy available for review in the City Clerk's Office REFERRED TO THE SPECIAL COMMITTEE ON EDUCATION NO. 1599 A. VENTRESCA- DISTRICT -WIDE HIGH SCHOOL SUMMARY District Strengths Compared to New York State high school students, Buffalo Public Schools high school students are at comparatively low risk in the areas of. • use of illegal drugs other than marijuana; • tobacco use, including smoking, chewing tobacco, and cigar products; • alcohol use, including consumption and binge drinking behaviors; • being bullied, both electronically and on school property; and • carrying weapons. District Needs Buffalo Public Schools high school students are at comparatively high risk in the areas of: • early initiation of sexual activity; • engaging in sedentary behaviors; • suicide attempts, including those serious enough to require medical treatment; • engaging in physical fights, including those that resulted in medical treatment; • marijuana use, including early initiation of use; • feeling unsafe at or on their way to school; • having a number of sexual partners; and • feeling sad or hopeless. Notable Areas of Change from 2011 to 2013 Since 2011, Buffalo Public School students report decreased: • habitual {e.g., daily) cigarette smoking; • sexual activity, including number of partners and early initiation; • carrying weapons, including on school property; • alcohol use, including age of first drink and binge drinking behaviors; • engaging in physical fights; and • using ecstasy, steroids, or prescription drugs. Since 2011, Buffalo Public School students report increased: • heavy smoking (10 or more cigarettes per day) among those who smoke; • suicide attempts that needed to be treated by a doctor or nurse; • heroin use; • extended computer use (3 hours or more per day) outside of school; • having sexual intercourse without a condom (among those who had sex); and • being physically forced to have sexual intercourse. REFERRED TO THE SPECIAL COMMITTEE ON EDUCATION NO. 1600 MIDDLE SCHOOL YOUTH RISK BEHAVIOR SURVEY REPORT, 2013 District -wide Middle School Summary Notable Areas of Change from 2011 to 2013 Since 2011, Buffalo Public Schools middle school students report a decreased risk of: • sedentary behavior; • cigarette smoking; • alcohol use; • having sexual intercourse; • having multiple sexual partners; and • not learning about HIV or AIDS in school, Since 2011, Buffalo Public Schools middle school students report an increased risk off • using cigars and chewing tobacco products; • extended computer use (3 hours or more per day) outside of school; • having sexual intercourse without a condom (among those who had sex); • heavy smoking (10 or more cigarettes per day) among those who smoke; • being bullied on school property; • marijuana use; and • cocaine use. Areas of Exploration • Though the percent of BPS middle schoolers who report having had sex declined, the percent of those who did not use a condom the last time they had sex increased by more than 30% since 2011. The percent of BPS middle school students who report being bullied on school property has increased nearly 14% since 2011. Currently, more than two and a half times as many BPS middle school students reported being bullied on school property than BPS high school students. Among BPS middle school students, alcohol use declined, but marijuana use increased. This pattern also occurred among BPS high school students. REFERRED TO THE SPECIAL COMMITTEE ON EDUCATION NO. 1601 CITY AUTHORITY OVER THE BUFFALO BOARD OF EDUCATION Dear Councilmember Smith, By letter dated June 23, 2014, the Common Council Education Committee asked five questions regarding the City of Buffalo and the Buffalo Board of Education. Below, please find our response to the following three of those five questions: • "Is it possible for the City of Buffalo to take over the education system and eliminate a separate school system? If so, what would the process be and what options does the City have ?" • "Is it possible to have the School Board's budget separated from the City budget and voted on individually by the Council ?" and • "Can you give a clarification of the state's requirement for maintenance of effort ?" I. The elimination of a separate school system Without a change in State law, the City of Buffalo cannot take over the public education system and eliminate a separate school system. Since 1917, the Buffalo Board of Education has possessed essentially all local power over the city's public schools [see Matter of Emerson v. Buck, 230 N.Y. 380, 385 -86 (1921)]. The City government previously had this power, which was housed in its Department of Public Affairs (id. at 382 -83). The State, through legislation enacted in 1917, created the Board and gave it "all the control over educational matters formerly possessed by the city" (id at 385 -86). This framework remains virtually unchanged today (Education Law § §2552, 2554). The authority to transfer power from the Board to the City rests solely with the State. Article 11, §1 of the State Constitution establishes that the State legislature is responsible for the "maintenance and support" of public schools. The Constitution also prohibits municipal governments from exercising control over public education absent State legislation authorizing them to do so [State Constitution art. 9 §3 subd. (a)(1)]. The Municipal Homes Rule Law reiterates this limitation on local jurisdiction [Municipal Home Rule Law § 11 subd. (1)(c)]. The State legislature changed the structure of New York City's public school system through amendments to the State Education Law in 2002 and 2009. These amendments transferred control of New York City public schools from the city's board of education to its mayor. They stripped the board of education of all executive powers and allowed the mayor to appoint a majority of its members (Education Law § §2590 -b, g). Additionally, the amendments give the mayor the power to appoint the school system's chancellor, who acts as the system's superintendent and chief executive officer and serves at the mayor's pleasure (id. §2590 -h). II. School Board budget and maintenance of effort The Common Council has no control over how the Board of Education spends the funds allocated to the School District. Also, absent a decrease in City funds, the City's appropriation of funds to the District cannot be less than the previous year's appropriation. Buffalo's public schools operate under the provisions of New York Education Law Article 52, entitled "City School Districts of Cities with One Hundred Twenty - Five Thousand Inhabitants or More ". Education Law §2576 establishes the process by which the City raises funds for the Buffalo School District. First, the Board prepares an itemized annual estimate of the amount of money that it will require from local sources [Education Law §2576 subd. (1)]. It then submits that estimate to the Common Council, which votes to approve or deny the request in the same way that it approves or denies the funding requests of City departments [id. §2576 subd. (4)]. Once the Council has approved an allocation amount, the City must raise that amount "in the same manner and at the same time as other taxes of the city are collected" and then set the funds aside for the District [id.; see also id. §2580(1)]. The amount of funding raised for the District by the City is subject to a "maintenance of effort" requirement. Prior to 2007, the Common Council could reduce the Board's yearly allocation at its discretion (see Matter of Emerson, 230 N.Y. at 387 -88). That year, however, the State legislature enacted subdivision 5 -b of Education Law §2576. Under that provision, the City's allocation of funds to the District must equal or exceed the previous year's allocation, with one exception: if the City's annual funds decrease, then its funding of the District may decrease by, at most, the same percentage as the City's funds decreased [Education Law §2576 subd. (5- b)(b)]. For example, if the City's funds decrease by ten percent from 2015 to 2016, then the City may reduce its 2016 allocation to the District by no more than ten percent of its 2015 allocation. The statute defines the City's "funds" as "funds... derived from any source except funds contained within the capital budget, funds from county sales tax revenues shared with [the] city, funds derived from any federal source and funds derived from any state or private sources over which the city has no discretion" [id. subd. (5- b)(a)(i)]. The City need not increase its funding of the District if the City's funds increase from one year to the next. Accordingly, if the Board requests an appropriation in excess of the previous year's appropriation, then the Common Council may reject that request. The City cannot, however, refuse to allocate funds to District at an amount less than the sum prescribed by the maintenance of effort requirement. Although the City has this limited control over the District's total allocation, it may not dictate how the Board spends those funds [see Fuhrmann v. Graves, 235 N.Y. 77, 83 (1923) (The City of Buffalo "can reduce the total amount to be expended [by the Board of Education], but cannot control the way in which such expenditure shall be made. "); Board of Educ. of City of Syracuse v. King, 280 A.D. 458, 463; 114 N.Y.S,2d 329, 335 (4th Dept. 1952) ( "How, when and in what amounts [the City of Buffalo's allocation to the Buffalo School District is] disbursed is solely the prerogative and responsibility of the Board of Education so long as [it is] spent ... within the limits of the appropriation ")]. As discussed in the previous section, the City has virtually no jurisdiction over public education. Only State legislation, therefore, could change this allocation structure. Very truly yours, TIMOTHY A. BALL Corporation Counsel BY: A. GERSTMAN REFERRED TO THE SPECIAL COMMITTEE ONEDUCATION NO. 1602 BFLO WTR BD REPORT -MAY 2014 Copy available for review in the City Clerk's Office RECEIVED AND FILED NO. 1603 BFLO WTR BD REPORT -JUNE 2014 Copy available for review in the City Clerk's Office RECEIVED AND FILED NO. 1604 D. CORNELL & 0- LETTERS OF SUPPORT FOR THE LARKIN POWER HOUSE AND DESIGNATION OF LARKIN HISTORIC DISTRICT I am writing to strongly support the effort of the Campaign for Greater Buffalo to achieve Historic District Designation for the entirety of the Larkin District, including the Larkin Power House. I believe it is imperative for this designation at this time to secure the Responsible reasoned preservation of all buildings in this district. It cannot be left to the anticipated responsibility or conscience of any owner, including Mr. Cornell and Mr. Krog- owners of the Larkin Power House, to exercise these traits in the name of the greater community good. This District must be clearly and unequivocally protected from those seeking to exercise their own priorities over those of the City and the Preservation effort. Please add my name in support of the effort by the Campaign For Greater Buffalo to receive Historic District Designation status and protect the entire Larkin District. Thank you, Denise Cornell Copies available for review in the City Clerk's Office RECEIVED AND FILED NO. 1606 J. GOLOMBEK- T.LEVIN -SCRAP METAL RECYCLING Niagara Metal, LLC is please to offer the city of Buffalo the following contract pricing formula based upon the American Metal Market (AMM) for the servicing and recycling of miscellaneous scrap steel that the city of Buffalo generates: Scarp Steel -AAM Dealer Selling Prices, No. 1 Heavy melt, Buffalo Market minus $109.00 (as of 7/17/14 this is 333 -109 + $224 /Gross Ton) Note a copy of the 7/17/14 AMM Scrap Iron and Steel Prices page has been included. The City of Buffalo is welcome to deliver and dump scrap steel in city vehicles to the Niagara Metals Buffalo facility located at 761 Hertel Ave., Buffalo NY 14216. Receiving hours at this location are 6:00 am thru 5:30pm seven days a week (except larger holidays when closed). Niagara Metals could also provide 30 cubic yard roll off containers to be spotted at various locations within the city for the collection of scrap steel as well. The price paid for the material in the container would be paid at the same pricing formula as above, but there would be a flat trucking charge of $150.00 each tie a container is emptied and replaced. The charge would be applied against the value of the scrap, so an invoice would not be issued to the city of Buffalo. All Niagara Metals scales are county certified and a weight ticket would be given to the driver for each load of scrap delivered. Payments for scrap would be made net 30 days and include weight tickets as well as a commodity breakdown and description of material. Thank you for your time and consideration. Niagara Metals looks forward to working with the city of Buffalo in their steel recycling effort and helping to keep the city "green ". Sincerely, Todd Levin President Niagara Metals REFERRED TO THE COMMITTEE ON FINANCE, DIRECTOR OF PURCHACE AND THE COMMISSIONER OF PUBLIC WORKS PARKS AND STREETS NO. 1606 M. LOCURTO- TESTIMONY WORKER COOPERATIVE FOR BUFFALO Tuesday, July 15, 2014 Presented by Victoria Kuper, BreadHive Worker Cooperative Bakery and Andrew Delmonte, Social Enterprise Coordinator, Small Business Development Center at SUNY Buffalo State Worker Cooperatives for Buffalo Worker cooperatives are businesses owned and managed democratically by the employees. Worker cooperative businesses produce an array of economic benefits for low- income communities and effectively reduce economic disparity on a long -term basis. They tend to provide higher wages and better economic benefits than other small businesses. Furthermore, worker ownership provides workers with increased control over their work environment, reduced incidents of workplace abuse, and increased job security. Worker cooperatives are also less vulnerable to economic shocks. Across the country, there are community groups, progressive think -tanks and elected officials seeking to integrate worker cooperatives into city -wide community development and workforce development policy. Cities like Madison, Wisconsin are integrating worker cooperatives into their business resources and planning department, while Reading, Pennsylvania is funding a worker cooperatives support center. In Richmond, California, the city is funding a cooperative development initiative that includes city support for cooperatives and funding a professional cooperative developer. The city of Jackson, Mississippi is embracing financial support for, and sourcing from, worker cooperatives as a means of rooting city supported jobs, and city dollars in the community. And most ambitiously, New York City's final budget agreement on June 19th included $1.2 million for training programs with the aim of incubating a minimum of 234 new jobs and 28 new worker cooperatives. These cities are also engaging in policy efforts to establish a worker cooperative - friendly business environment, including workforce development and procurement opportunities, as a means of creating economic security, jobs, and livable wages to help lift families out of poverty in their cities. The City of Buffalo too can be a leader nationally in this regard. Economic Benefits of Worker Cooperatives Last month, it was reported that Buffalo ranks as the fourth poorest city in the US, with 15,000 of the estimated 58,000 families in Buffalo living in poverty, or 26.4 percent ofai1 families. This US Census information is exacerbated by the job climate: the WNY Homeless Alliance reports that there are 160,000 jobs in the city that pay less than $23,000 dollars a year: Many of our local economic development initiatives are focused on attracting high -end jobs to Buffalo, but more work needs to be done to grow living wage jobs to pull our neighbors out of poverty. Minimum wage and low -wage jobs do not provide enough economic boosts to lift these Buffalonians out of poverty. Given this reality, Buffalo's efforts to reduce poverty, unemployment and inequality should not just be an opportunity for realignment, but for reinvestment. The development of worker cooperatives in Buffalo should he part of a new long -term strategy to address inequality. New York City's Worker Cooperative Movement There are examples of low -wage workers in New York City who have formed worker cooperatives with the help of non - profits and have seen their hourly wages increase from $10 to $25 per hour within just a few years. Si Se Puede! Women's Cooperative was founded in Sunset Park, Brooklyn in August 2006 to bring together immigrant women to create a women -run, women - owned, eco- friendly housecleaning business. The cooperative is designed to create living wage jobs that will be performed in a safe and healthy environment, as well as to provide social supports and educational opportunities for their members. Within four years of starting their house cleaning business, Si Se Puede's worker - owners, many of whom did not speak fluent English, tripled their wages to as much as $25 -an -hour. In 20 ] 1, the company with 37 worker - owners had grossed $1.6 million, with more than 1,500 customers on its house - cleaning client list, had a group income of approximately $600,000 a year, and monthly income for the total cooperative reached between $50,000 and $60,000 a month. To achieve these economic outcomes, "one of the key principles of Si Se Puede! is that worker- owners receive 100% pay for their work - there are no placement fees and no organizational middlemen ". The most significant example of the economic success of worker - cooperatives can be found in the Bronx with Cooperative Home Care Associates, which, at 25- years old, is the first worker -owned home care cooperative in the U.S. and is currently the largest worker cooperative in the country, with over 2,000 members. CHCA is also an example of how worker cooperatives not only create level pay structures, but also help worker - owners build wealth and equity. The company pays "annual dividends sometimes 25% of initial equity investment." Worker- members can often borrow off of their membership share, they receive a payout of their membership share at retirement or whenever they leave the firm, and their membership share will also often receive a low fixed - interest dividend. New York City's worker cooperative movement today includes 23 businesses in various sectors ranging from healthcare to tech consultation to home cleaning. Additionally, the city also has a central worker cooperative organization working to solidify the community - as well as a support system fur worker cooperative including incubators; technical and legal assistance services; and a limited amount of public and private funding in recent years. Creating a Worker Cooperative Movement in Buffalo We believe that New York City's example can and should be followed in Buffalo. Through the successful launch of BreadHive Worker Cooperative Bakery, the first worker cooperative in Buffalo since the 1980s, we have identified legal and technical assistance opportunities, as well as financing opportunities for worker cooperatives in Buffalo. Both the Erie County Industrial Development Agency's (ECIDA) microlending program and the John R. Oishei Foundation have pledged financial support for worker cooperatives, and the Small Business Development Center at SUNY Buffalo State is willing to provide technical assistance to get cooperatives ready for funding. Over the past several months, we have developed a worker cooperative incubator program modeled after a successful program of the Center for Family Life in New York City. The program would incubate 3 new worker cooperatives over 2 years with a target of 20 -30 new jobs. Center for Family Life NYC Incubator Buffalo Worker Cooperative Incubator $150,000 funding received $200,000 funding sought 2 worker coops 3 worker coops, 20 -30 jobs 2 years 2 years Trained non - profits to incubate coops; Will incubate coops directly; incubator non - profits responsible for start -up costs subsidizes some start -up costs directly We see this incubator as augmenting existing efforts to combat poverty and provide opportunity for marginalized populations. As you know, in recent decades, Buffalo's West Side has become home to refugees and immigrants from around the world, including Somalia, Sudan, and Burma, and over 40 languages are spoken in this neighborhood. We believe that the West Side is a natural fit for the first crop of incubated worker cooperatives, and working with the City of Buffalo's Office of New Americans might be a natural collaboration for the program. We seek the Committee's support and the City's support in growing a movement of worker cooperative businesses that provide good jobs and wealth creation for our city. In particular, we seek support in the following areas: 1. Support for a Buffalo Worker Cooperative Incubator 2. Raising awareness of worker cooperatives through public outreach 3. The addition of worker cooperatives to existing economic development initiatives and workforce development programs 4. The inclusion of advice, regulatory assistance, and funding tools specifically tailored to worker cooperatives in existing small business assistance programs 5. Connecting worker cooperatives to existing public funding and procurement opportunities Closing The development of worker cooperatives in Buffalo should be part of a long -term community development strategy to address inequality. However, an ecosystem &support is necessary to create an infrastructure of worker cooperatives that can grow and sustain wealth, and produce quality jobs, for the community. We applaud the Community Development Committee for understanding the importance of public input on this discussion of worker cooperatives as a model to lift families out of poverty, by inviting our testimony at today's oversight hearing. We are grateful for the opportunity to submit this testimony, and would be pleased to provide whatever additional information you may require. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT AND THE CITY PLANNING BOARD NYSDEC - BROWNFIELD CLEANUP PROGRAM 905 ELMWOOD AVE The New York State Department of Environmental Conservation (DEC) has received a Brownfield Cleanup Program (BCP) application and Remedial Investigation /Interim Remedial Measures Work Plan(RI /IRMWP) from Elmwood Village Properties, LLC for a site known as the 905 Elmwood Avenue Site, site ID # C915288. This site is located in the City of Buffalo, within the County of Erie and is located at 905 Elmwood Avenue. Comments regarding this application and RI /IRMWP must be submitted no later than August 15, 2014. The application can be reviewed at: Buffalo & Erie County Public Library Crane Branch 633 Elmwood Avenue Buffalo, NY 14222 RECEIVED AND FILED NO. 1608 D. PRIDGEN -FRUIT BELT ADVISORY COUNCIL REG CONCERNS ON GENTRIFICATION Dear Gerald Chwalinski: The attached document is being filed on behalf of the Fruit Belt Advisory Council regarding their concerns and positions on Gentrification. Ellicott District... A Great Place To Work, Live and Enjoy. Guiding principles of neighborhood development in the Fruit Belt We believe that developers, business owners, city officials, policy makers, residents and advocates should support the goal of equitable development. Equitable development is defined by the Brookings Institute as " the creation and maintenance of economically and socially diverse communities that are stable over the long term, through means that generate a minimum of transition costs that foil unfairly on low income residents." The Center for Disease Control (CDC) produced a report titled "Health Effects of Gentrification ". In it they define gentrification as "the transformation of neighborhoods from low value to high value. This change has the potential to cause displacement of long -time residents and businesses... when long -time residents or original neighborhood residents move from a gentrified area because of higher rents, mortgages, and property taxes. Gentrification is a housing, economic, and health issue that affects a community's history and culture and reduces social capital." What is generally agreed upon, however, is that those displaced are primarily minority, elderly, and transient groups, and they are nearly always driven out in areas where gentrification occurs. Studies have also shown that there seem to be two waves of displacement of these original residents. In the early stages, renters are largely driven out because of the changing incentives of landlords. With the rising interest in a particular neighborhood, they have no motive to retain their current tenants over the new, more affluent rent seekers. As the process continues, owners of single residential units are strained with the surge in property values that translates to increased tax assessments. Those who are 'gentrified' not only lack the economic resources to compete with these changes, but stereotypically lack political power, are easily exploited by landlords and developers, and eventually are simply forced to leave due to these inabilities to resist the gentrification process. Often their incomes cannot continue to cover these increased living costs. Recommendations: 1. Control Assessed Home Values - Freeze home assessments at 2013 rates for long -term home owners in the Fruit Belt (homeowners who have lived here 5 years or longer). As long as the property remains within the family, they should continue to receive the benefit earned by the original home owners or there will be an incentive to sell to the highest and wealthiest bidder. 2. Housing Code enforcement Issue - There is a concern that the developers, city and new wealthier residents will use code enforcement to force struggling homeowners out - particularly the elderly. We would like a commitment to employ code enforcement policies that assist residents with home improvements. We would like to see a concerted effort to fund: a. Housing rehabilitation, with an emphasis on bringing all older properties up to code and a means to continue meeting housing code regulations. There should be an emphasis on promoting energy efficiency via the upgrades. b. Use the housing rehabilitation efforts as a job training initiative for local residents, particularly youth and young adults. c. Organize the existing non - profit groups and organizations to better focus, Coordinate and implement the above. Catalogue the existing revitalization programs and augment with funding from the Buffalo Niagara Medical Corridor and the associated that are driving the gentrification process developers d. Seek a partnership with PUSH on Buffalo's West side. Buffalo and use the PUSH model that has been successful 3. Promote Mixed Income housing development- The goal is to insure that the Fruit Belt remains open to all income groups. The Fruit Belt currently has a rental stock rate of 72 %, well above the 56% for the rest of Buffalo. Housing growth should seek ways to bring the rental to home Ownership rate closer to the Overall city average suing the following: a. Review and evaluate the existing rental stock, inclusive of the federally subsidized low to moderate income developments so that we have a current baseline. b. Emphasize home ownership with a focus on first time home Owners, low to moderate income home ownership programs. c. Maintain existing low to moderate income housing, particularly those that have been federally subsidized to insure that the Community remains open to all as gentrification continues. d. Explore Rent control options to insure continued access for all incomes. e. Explore land- banking as an option for maintaining property for mixed income development. Organize an exploratory Committee of neighborhood groups to explore the merits and downsides of this approach. 4. Community Benefit Agreement - We believe that a community benefit agreement is the best mechanism to include all the above approaches and to provide a transparent method of oversight and monitoring to insure that these goals materialize. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 1609 REVIEW OF ENVIRONMENTAL ISSUES RELATING TO MR. CHARLEY TARR'S CRITIQUES OF BUFFALO SEWER AUTHORITY CONSTRUCTION ON BIRD AVE, AS PART OF THE LONG TERM PLAN This memo serves to provide the results of the BEMC Review of the concerns raised by Mr. Charley Tarr in presentations to Common Council and documents submitted to the BEMC. As Chair of BEMC, I collected specific documents from Mr. Tarr, along with response information from the Buffalo Sewer Authority (BSA) and a statement from Buffalo Niagara Riverkeeper. A summary of documents reviewed is attached, as are the minutes of our June 18 BEMC meeting, where both BSA representatives and Mr. Tarr and Block Club leader Karyn Brady attended. Mr. Tarr and the BSA representatives were questioned and presented information. As Chair, I asked two BEMC Commissioners, Mr. Charles Grieco and Mr. Frank Armento to review the claims regarding environmental reviews under the State Environmental Quality Review Act (aka SEQRA). Mr. Grieco is a Partner at Jaeckle Fleischmann & Mugel, LLP and a Board Member for Buffalo Niagara Riverkeeper. Mr. Armento is the Manager of the Environmental & Planning Group at Fisher Associates in Buffalo, and an American Institute of Certified Planners Certified Environmental Planner. Both are experts in environmental development and very knowledgeable in SEQRA law, policy, regulations and practice. I reviewed the claims Mr. Tarr made regarding toxic emissions and other aspects of his written documentation on the engineering claims. I offered Mr. Tarr the chance to respond following the June 18 meeting, and he submitted another document responding to the BSA FAQ sheet. I contacted Mr. Oluwole McFoy, BSA engineer and project manager, for a follow -up to Mr. Tarr's documents and claims and he responded. I received six emails from residents of Bird Avenue and a letter from Karyn Brady. I also contacted BSA staff, including Julie Barrett O'Neill, and Riverkeeper Director Jill Jedlicka by phone to gather information that we reviewed. In focusing our analysis, we considered three separate tasks under the request for comments from Common Council. Buffalo Environmental Management Commission 1. Review of claims made about SEQRA processes by Mr. Tart in the Article 78 filing (which was dismissed by State Supreme Court Justice Jeremiah J. Moriarty III on June 26th). 2. Review of claims about the current construction project on Bird Ave. 3. Review of claims about the engineering design of the current project. Summary of our analysis and recommendations for follow up We found no merit to Mr. Tarrs arguments for the requirement or need for an environmental impact study (as termed "environmental review" ) of the Bird Avenue project underway as part of the Long Term Control Plan (LTCP). An appropriate review under SEQRA has been completed and the project has been approved by the EPA under the present Consent agreement with the BSA. Given the type of project and the consent agreement, a further review is not required. We also note that BSA s LTCP, as noted in the Riverkeeper statement, includes 30% green infrastructure projects, one of the highest such percentage in the US for remedial planning for urban sewage systems. Mr. Tarr's concerns about the potential negative impacts he describes for the current construction are based on misunderstanding of the potential for air pollution impacts and engineering. He properly reported a potential odor /nuisance complaint to DEC and EPA. Agency staff can require changes by BSA to protect the community from further nuisance odors. Mr. Tarr's claims of faulty engineering design that would lead to problems for basement contamination are not based on any evidence or experience in engineering. BSA has put in place engineering inspections and protections during the construction that should be considered appropriate. Mr. Tarr s previous work with the community has evidently earned him credibility with his neighbors. There seems to be support for his concerns and views. BEMC recommends that Common Council consider organizing a facilitated public meeting inviting USA, Riverkeeper, EPA and DEC staff and the community. Besides addressing specific questions from community members, the meeting could provide details REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 1610 D. PRIDGEN- LETTER CONCERNING CARIOLE HORNE Dear Gerald Chwalinski: The attached document: "As stain of police misconduct grows, Council should reopen Cariole Home pension case ", is being filed for the July 22, 2014 council meeting. As stain of police misconduct grows, Council should reopen Cariole Home pension case With all the disturbing news about Buffalo police lately, it's good to be able to say something positive. It's too bad it's about a brave cop whom the Police Department apparently mistreated. Cariole Horne, who is African - American, was fired in 2008 after she tried to stop a white officer she said was choking a suspect during an arrest two years earlier. Anyone who believes that couldn't have happened hasn't been following the harrowing tale of suspended officer Robert E. Eloff who, if reports are correct, was a one -man crime wave. The Home ease and issues surrounding it are a mess, starting with the firing of Home. Gregory Kwiatkowski, the officer she says was choking a suspect, won a defamation suit against Home and also won a lawsuit filed by the man who was allegedly choked. Recently, though, Kwiatkowski, now retired, was indicted on charges that he used unnecessary and excessive force in connection with a separate incident. That indictment has prompted the benefits. Buffalo Common Council to consider Horne's request to be granted pension this should be a no- brainer. There are problems in the Buffalo Police Department, as exemplified by the Eloff case, the bribing of officers by a tow -truck operator and, also associated with Eloff, the recently posted video of a gang of officers attacking and severely beating a man outside a bar on Chippewa Street. No charges were filed against that man, Christopher J. Kozak, who was not even arrested; indeed, Eloff later gave him a ride back to his hotel. In the Horne case, there is reason to believe the department fired the wrong person. Indeed, commenting on the raft of brutality reports coming out of the Police Department, Horne noted that, "If the message hey want to give is that an officer is going to be fired if they stop it, then that's the wrong message." Buffalo needs cops who will stand up for the law. If Horne had seen a civilian attacking another person, it would have been her duty to intervene. Why does that change when it's a police officer who has Crossed a line? Did that happen? The evidence is conflicting, but Horne and her supporters haven't wavered; meanwhile, evidence of police misconduct is mounting. Horne was fired after 19 years of service, only one year short of what the state requires to obtain pension benefits. Without them, she says, she has faced a "really rough" time, financially, emotionally and physically. The Common Council should do what it can to rectify this matter and it should insist that the Police Department take appropriate steps to deal with a culture that seems to have given a number of officers reason to believe that they can attack citizens when they want and for whatever reason they like. REFERRED TO THE COMMITTEE ON LEGISLATION AND POLICE OVERSIGHT COMMITTEE NO. 1611 D SMITH -P. ELLIOTT PATTON- RESPONSE US DEPT ED RE SCHOOLS ADMISSION CRITERIA Dear Mr. Chwalinski, Please file the attached item further discussion at the next Common Council session to be held on July 22, 2014. Thank you in advance for your assistance in this matter. Re Case No. 02 -14 -1077 Buffalo Public Schools Dear Ms. Elliott- Patton: This letter is to notify you of the determination made by the U.S. Department of Education New York Office for Civil Rights (OCR) regarding the above - referenced complaint you filed against the Buffalo Public Schools (the District). You alleged that the District discriminated on the basis of race and national origin by using admissions criteria that disproportionately excluded nonwhite students from enrollment in the District s criteria -based schools. He be referred to as the "complainant" Hereinafter, you will OCR is responsible for enforcing Title VI &the Civil Rights Act of 1964 (Title VI), as amended, 42 U.S.C. § 2000d et seq„ and its implementing regulation at 34 C.F.R. Part 100, which prohibit discrimination on the basis of race, color or national origin in programs, and activities receiving financial assistance from the U.S. Department of Education (the Department). The District is a recipient of financial assistance from the Department. Therefore, OCR has jurisdictional authority to investigate this complaint under Title VI. The applicable standards for determining compliance are set forth in the regulation implementing Title VI, at 34 C.F.R. §100.3(a), (b)(1) and (b)(2). Section 100.3(a) provides that no person shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program operated by a recipient. Section 100.3(b)(1) prohibits a recipient, on the ground of race, color, or national origin, from denying an individual a service or benefit of a program providing different services or benefits; subjecting an individual to segregation in any matter related to the receipt of a service or benefit; restricting an individual in any way in receiving a service or benefit; treating an individual differently in determining whether he satisfies any admission or eligibility requirement for provision of a service or benefit; and, denying an individual an opportunity to participate in a program or affording him an opportunity to do so which is different from that afforded to others. Section 100.3(b)(2) prohibits a recipient from utilizing criteria or methods of administration that have the effect of subjecting individuals to discrimination because of their race, color, or national origin. In its investigation, OCR reviewed information that the District and the complainant submitted. During the course of the investigation, the District expressed interest in resolving the case without further investigation, pursuant to Section 302 of OCR's Case Processing Manual. The complainant alleged that the District discriminated on the basis of race and national Origin by using admissions criteria that disproportionately excluded non -white students from enrollment in the District's "criteria- based" schools. determined that parents of students entering the District self- identify the race of their child on the District's "Student Racial and Ethnic Identification" form, using the following categories: white; black, Hispanic, Asian, multiracial, and American Indian or Alaska Native. OCR determined that during school year 2013 -2014, 34,574 students were enrolled in the District; of these, 7,437 (21.5 %) are white, 17,279 (49.9 %) are black, 6,017 (17.4 %) are Hispanic, 2,479 (7.2 %) are Asian, 988 (2.9 %) are multiracial, and 374 (1.1 %) are American Indian or Alaska Native. OCR determined that the District submitted a Corrective Action Plan to the New York' State Education Department ( NYSED) in response to an investigation into District students' ability to transfer into schools in "good standing." Among numerous other provisions, the Corrective Action Plan, submitted on September 27, 2013, and approved by NYSED on November 6, 2013, requires principals of criteria -based schools to individually convene School -Based Management Teams to review /reassess current established entrance criteria for their unique school programs for the purpose of increasing access for under - represented student populations .2 Accordingly, the Corrective Action Plan could result in changes to the District's admissions criteria for the eight "criteria- based" schools. OCR determined that during school year 2013 -2014, the District operated 58 schools, including eight "criteria- based" schools: (1) Frederick Law Olmstead Elementary School #64.Gifted and Talented Program (2)Frederick Law Oirnstead Middle and High schOol #156,'Gifted and Talented Program; (3)Buffalo Academy of Visual & Performing Arts #192; (4) City Honors at Fosdiek - Mastan Park #195; (5) Leonardo da Vinci High School #212; (6) Emerson School of Hospitality #302; (7) Hutchinson Central Technical High School #304; and (8) Middle Early College High School #415. OCR determined that students must apply and be accepted to criteria -based schools, based on the schools specific admissions criteria. REFERRED TO THE SPECIAL COMMITTEE ON EDUCATION NO. 1612 W VANEVERY - WALKABILITY AUDIT Dear City of Buffalo City Clerk, On June 17 2014 a group on volunteers from the Wellness Institute of Greater Buffalo and The Response to Love Center, including Officer Robert Lee (Community Resource Officer for the Fillmore District) conducted a daytime walkability audit on Kosciuszko Street from Sycamore Street to Stanislaus Street. We also conducted a second daytime audit on Stanislaus Street from Kosciuszko Street to Rother Ave. We are filling the attached reports for your review and follow up. We make the following recommendations for safety and health improvements (see below and map on the back of the page). Thank you for your support, Please feel free to contact me with any questions 851 -4052 Recommendations for potential improvements: • Striped crosswalks at all intersections (safety hazards) a. Sycamore Street and Kosciuszko Street b. Koseiuszko Street and Stanislaus Street c. Stanislaus Street and Rother Ave Painted lines on all roads (safety hazards) a. Sycamore Street b. Kosciuszko Street c. Stanislaus Street d. Rother Ave ADA compliant curb ramps at cross -areas (accessibility) a. Sycamore Street and Kosciuszko Street b. Koseiuszko Street and Stanislans Street Could benefit from bike lanes (complete streets) a. Sycamore Street b. Koseiuszko Street c. Stanislaus Street d. Rother Ave Could benefit from street furniture like benches and garbage cans (complete streets, would help with tittering, and aesthetics) a. Sycamore Street b. Kosciuszko Street c. Stanislaus Street d. Rother Ave REFERRED TO THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS PETITIONS NO. 1613 K. SCRITCHFIELD, AGENT, USE 41 COLUMBIA TO ERECT A BILLBOARD ON A POLE SIGN (HRG 07 /29)(FILL) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 1614 A. IBRAHIM, AGENT, USE 2222 GENESEE ST FOR A RETAIL STORE IN AN EXISTING CLOTHING STORE IN THE GENESEE DELAVAN SPECIAL DISTRICT (HRG 7/29)(LOV) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 1616 C. ANDERSON, OWNER, USE 1096 ELMWOOD TO OPEN AN EXISTING RESTAURANT AND ALTERATIONS TO THE FACADE IN THE ELMWOOD AVE SPECIAL ZONING DISTRICT (HRG 7 /29)(DEL) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD 01WN1.11 A. ALL, OWNER, USE 1000 ELMWOOD FOR CONVERSION OF A BANK TO A RETAIL STORE WITH TAKEOUT IN THE ELMWOOD AVE BUSINESS DISTRICT (HRG 7 /29)(DEL) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 1617 M. ROBBINS, AGENT, USE 905 DELAWARE FOR A FREE STANDING SIGN (NO HRG )(ELL) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 1618 M. ROBBINS, AGENT, USE 916 DELAWARE FOR A FREE STANDING SIGN (NO HRG )(ELL) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD REGULAR COMMITTEES CIVIL SERVICE (RASHEED N.C. WYATT, CHAIRPERSON) NO. 1619 APPOINT ASSESSOR(PROV)(3 STEP)(MARTZ)(ASSESS) CCP# 14 -1427, JULY 8 Mr. Wyatt moved: That Communication # 1427 of July 8, 2014, be Received and Filed and that the Provisional appointment of David C. Martz, 98 Alsace Avenue, Buffalo 14220 stated above at the 3 r Step salary of $51,580.00 is hereby approved. PASSED AYES -9 NOES -0 NO. 1620 APPOINT PRINCIPAL CHIEF STATIONARY ENGINEER(PROV)(MAX)(KEENAN)(PW) CCP# 14 -1449, JULY 8 Mr. Wyatt moved: That Communication # 1449 of July 8, 2014, be Received and Filed and that the Provisional appointment of Timothy Keenan, 77 Carlyle Avenue, Buffalo 14220 stated above at the Maximum salary of $56,142.00 is hereby approved. PASSED AYES -9 NOES -0 NO. 1621 APPOINT SENIOR CLERK (PERM)(INTER)(FANELLI)(PW) CCP# 14 -1450, JULY 8 Mr. Wyatt moved: That Communication #1450 of July 8, 2014, be Received and Filed and that the Permanent appointment of Ceara Fanelli, 108 Rutland St., Buffalo 14220 stated above at the Intermediate salary of $33,268.00 is hereby approved. PASSED AYES -9 NOES -0 NO. 1622 APPOINT TRUCK DRIVER (PROV)(INTER)(MBACHER)(PW) CCP# 14 -1451, JULY 8 MR. WYATT MOVED: That Communication # 1451 of July 8, 2014, be Received and Filed and that the Provisional appointment of David Mbacher, 21 Ridgewood Avenue, Buffalo 14220 stated above at the Intermediate salary of $24,341.00 is hereby approved. PASSED AYES -9 NOES -0 NO. 1623 NOTICES OF APPOINTMENTS - TEMP /PROV /PERM(CTY CLK) (C.C.P #14 -1473, JULY 8) Mr. Wyatt now moves that the above item be Received and Filed. ADOPTED COMMUNITY DEVELOPMENT (JOSEPH GOLOMBEK JR., CHAIRPERSON) NO. 1624 2014 -2015 ANNUAL ACTION PLAN (STRAT PLAN) (ITEM NO. 1325, C.C.P., JUNE 24, 2014) Mr. Golombek moved: That the above item be, and the same hereby is, returned to the Common Council without recommendation; That the Common Council hereby approves the City of Buffalo 2014 -2015 Annual Action Plan for Community Development Block Grant ( "CDBG "), HOME Investment Partnerships ( "HOME "), Emergency Solutions Grant ( "ESG ") and Housing Opportunities for Persons with AIDS ( "HOPWA "); and that the Common Council hereby authorizes the Mayor's Office of Strategic Planning and /or Department of Community Services to execute all agreements and related documents to carry out the projects identified therein, consistent with the rules and regulations governing the CDBG, HOME, ESG and HOPWA programs PASSED AYES — 9 NOES - 0 NO. 1625 REPORT OF SALE - 839 EAST DELAVAN (MASTEN)(STRAT PLAN) (ITEM NO. 1421, C.C.P., JULY 8, 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 Ms. Sherita Fanner, of 471 East Amherst, Buffalo, New York 14215 in the amount of One Thousand Eight Hundred Dollars ($1,800.00) for the purchase of 839 East Delavan 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. 1626 D. BASTIAN -LYFT DRIVER TAX FAQ'S (C.C.P #14 -1474, JULY 8) Mr. Golombek now moves that the above item be Received and Filed. ADOPTED NO. 1627 D. BASTIAN -LYFT DRIVER'S TERMS OF SERVICE (C.C.P #14 -1475, JULY 8) Mr. Golombek now moves that the above item be Received and Filed. ADOPTED NO. 1628 D. BASTIAN- BUFFALO LYFT DRIVERS NEEDED (C.C.P #14 -1476, JULY 8) Mr. Golombek now moves that the above item be Received and Filed. ADOPTED NO. 1629 D. BASTIAN- BUFFALO LYFT DRIVERS -HOW DO I HANDLE TAXES (C.C.P #14 -1477, JULY 8) Mr. Golombek .now moves that the above item be Received and Filed. ADOPTED NO. 1630 B. YUNKE- LIABILITY COVERAGE SECTION - PREFERRED MUTUAL (C.C.P #14 -1478, JULY 8) Mr. Golombek now moves that the above item be Received and Filed. ADOPTED NO. 1631 B. YUNKE - RIDESHARING, TRANSPORTATION SERVICES AND INSURANCE (C.C.P #14 -1479, JULY 8) Mr. Golombek. now moves that the above item be Received and Filed. ADOPTED NO. 1632 M. LOCURTO - WORKER -OWNED CO -OPS GET $1MILLIONINNYC SPENDING (C.C.P #14 -1482, JULY 8) Mr. Golombek now moves that the above item be Received and Filed. ADOPTED NO. 1633 D. PRIDGEN -R. MURRAY -EC INDUSTRIAL DEV AGENCY SEQR- 204 -216 FRANKLIN (C.C.P #14 -1635, JULY 8) Mr. Golombek now moves that the above item be Received and Filed. ADOPTED NO. 1634 K. BALDWIN -NY INSURANCE ASSOC CONCERNS RIDE SHARING COMPANIES (C.C.P #14 -1371, JUNE 24) Mr. Golombek now moves that the above item be Received and Filed. ADOPTED NO. 1635 K. BALDWIN- PROPERTY CASUALTY INSURERS ASSOC OF AMERICA CONCERNS COMMERCIAL RIDE SHARING (C.C.P #14 -1372, JUNE 24) Mr. Golombek now moves that the above item be Received and Filed. ADOPTED NO. 1636 E. BETZ- CONCERNS LYFT RIDESHARING APPLICATION (C.C.P #14 -1373, JUNE 24) Mr Golombek now moves that the above item be Received and Filed, ADOPTED NO. 1637 D. BASTIAN- ARTICLE -LYFT DEFIES NEW MEXICO ORDER TO STOP OPERATING (C.C.P #14 -1246, JUNE 10) Mr. Golombek now moves that the above item be Received and Filed. ADOPTED NO. 1638 B. YUNKE -CITY OF AUSTIN - RIDESHARE DRIVERS CITED (C.C.P #14 -1225, JUNE 10) Mr. Golombek now moves that the above item be Received and Filed. ADOPTED NO. 1639 D. SMITH - ARTICLE NFTA TO SELL FORMER PORT OF BUFFALO COMPLEX TO CANADIAN CO UNSUCCESSFUL (C.C.P #14 -1150, MAY 27) Mr. Golombek now moves that the above item be Received and Filed. ADOPTED NO. 1640 J. GOLOMBEK- ARTICLES CONCERNING LYFT RIDE SHARE SERVICE (C.C.P #14 -916, APRIL 29) Mr. Golombek now moves that the above item be Received and Filed. ADOPTED NO. 1641 PROPOSED ACADEMIC BLDG ECC NORTH CAMPUS(CP) (C.C.P # 14 -297, FEB 18) Mr. Golombek now moves that the above item be Received and Filed. ADOPTED NO. 1642 M. JASKULA -J. QUINN- OPTIONS REQ IMPROVEMENTS AT ECC CITY CAMPUS (C.C.P #13 -41, OCT 15) Mr. Golombek now moves that the above item be Received and Filed. ADOPTED NO. 1643 INVITATION TO ECC TO PARTNER WITH COB ON DOWNTOWN CAMPUS EXPANSION(GOLOMBEK) (C.C.P #13 -80, OCT 1) Mr. Golombek now moves that the above item be Received and Filed. ADOPTED NO. 1644 J. GOLOMBEK & ALL COUNCILMEMBERS- OPPOSITION TO CONSTRUCTION OF A NEW ECC SCIENCE BUILDING IN AMHERST (C.C.P #13 -110, JULY 23) ( #50 -3/20) Mr. Golombek now moves that the above item be Received and Filed. ADOPTED NO. 1645 J. QUINN- RESPONSE CC RES -BUILD COMM COLLEGE'S HEALTH SCIENCES CTR FOR EXCELLENCE AT ECC'S CITY CAMPUS (C.C.P #13 -112, JULY 23) (#45 -6/14) Mr. Golombek now moves that the above item be Received and Filed. ADOPTED NO. 1646 J. GOLOMBEK- ARTICLE ANOTHER VOICE - HEALTH SCIENCES PROGRAMS BELONG ON MEDICAL CAMPUS (C.C.P #13 -65, JULY 9) Mr. Golombek now moves that the above item be Received and Filed. ADOPTED LEGISLATION (CHRISTOPHER P. SCANLON, CHAIRPERSON) NO. 1647 F. YANG, AGENT, TO USE 2042 SOUTH PARK TO RE- ESTABLISH USE OF A RESTAURANT IN THE SOUTH PARK SPECIAL DISTRICT (SOUTH)(DPIS) (ITEM NO. 1486, C.C.P., JULY 8, 2014) Mr. Scanlon moved: That the above item be, and the same hereby is, returned to the Common Council without recommendation; Mr. Scanlon moved that the above item be recommitted to the Committee on Legislation. ADOPTED NO. 1648 J. POPMA, AGENT, TO USE 2300 DELAWARE TO ERECT A FREE STANDING POLE SIGN (NORTH)(DPIS) (ITEM NO. 1500, C.C.P., JULY 8, 2014) Mr. Scanlon moved: That the above item be, and the same hereby is, returned to the Common Council without recommendation; That the Common Council hereby approves the application of J. Popiela, Agent, to erect a free standing pole sign "ID" for Dunn Tire (5'X 10' X 22' high), located at 2300 Delaware. PASSED. AYES — 9 NOES — 0 NO. 1649 D. CAN', OWNER, TO USE 3264 MAIN STREET TO REESTABLISH A RESTAURANT /BAR IN THE TRANSIT STATION DISTRICT AND ADD USE OF A SIDEWALK PATIO (UNIV) (ITEM NO. 1383, C.C.P., JUNE 24, 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 Common Council hereby approves the application OF D. Carr, Owner, to reestablish use of a restaurant and sidewalk patio located at 3264 Main Street in the Transit Station District. PASSED AYES — 9 NOES — 0 NO. 1650 J. MOLEK, AGENT, TO USE 1435 HERTEL TO ERECT AN OPEN BALCONY FOR A SIT -IN RESTAURANT WHICH PROJECTS ON THE CITY RIGHT -OF -WAY (DEL) (ITEM NO. 1392, C.C.P., JUNE 24, 2014) Mr. Scanlon moved: That the above item be, and the same hereby is, returned to the Common Council without recommendation; Mr. Scanlon moved that the Above item be recommitted to the Committee on Legislation. ADOPTED NO. 1651 APPLICATION FOR LANDMARK STATUS - LARKIN HISTORIC DISTRICT (FILL) (ITEM NO. 1094, 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; That after the public hearing held before the Committee on Legislation on July 15, 2014, the Larkin Complex, located at 635, 680, 696 and 701 Seneca Street, 290 Larkin Street, 726 Exchange Street, and 239 Van Rensselaer Street be designated as a local historic landmark, in accordance with Chapter 337, Article III of the City of Buffalo Charter; and That pursuant to Section 337.15 (Criteria for Designation) of the Code of the City of Buffalo, New York it is determined that the Larkin Complex meets the criteria for designation as a Local Landmark district; and That the Secretary of the Preservation Board be, and hereby is directed to file the property description with the City Clerk, the Planning Board, the Division of Planning and with the Department of Public Works; and That the Petitioner is directed to file a description or map of the property with the Erie County Clerk's Office. Recommended by the Committee on Legislation - PASSED AYES — 9 NOES - 0 RESOLUTIONS NO. 1652 BY: MR. FONTANA RE: SIDE STREET SPEED LIMIT Whereas: Current speed limits allow drivers to travel at speeds of up to 30 mph on narrow and congested neighborhood streets; and Whereas: In many cases a legal speed limit of 30 mph is unsafe due to the existence Ofparked cars, children crossing, bicyclists and other potential obstructions in the roadway; and Whereas: A vehicle traveling at a speed of 30 mph needs 200 feet inclusive of reaction time of breaking distance to come to a complete stop; and Whereas: Lowering the legal speed limit of local streets to 25 mph would shave off 5Oft of braking distance from that of a 30 mph speed limit; and Whereas: In an unpredictable driving situation, 50 feet could easily make the difference in a pedestrian being struck or any other dangerous accidents; and Whereas: In the event of a pedestrian being hit by a car traveling at 25 mph or less as opposed to higher rates of speed, the chances at of a fatality are greatly reduced; and Whereas: The existence of speed limits exist to protect the public. While most drivers use common sense driving practices and lower their speed accordingly to the situation, many drivers will always drive the max and in this case a max speed of 30pmh on narrow local streets is potentially unsafe. Now, Therefore Be It Resolved That: This Common Council requests that the Commissioner of Public Works report back advising on the feasibility of implementing a 20 -25 mph speed limit on the City's side streets. Be It Further Resolved That: This resolution be sent to the appropriate committee for further consideration. Richard A. Fontana REFERRED TO THE COMMITTEE ON LEGISLATION NO. 1653 BY: MR. FONTANA TRANSFER IN FUNDS - COMMUNITY SERVICES 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 15513006 - 434000 Community Services Contractual Services $490,507.00 TO 17523008 - 489121 Interfund Transfer - Special Revenue $490,507.00 PASSED AYES — 9 NOES — 0 NO. 1654 BY: MR. GOLOMBEK ORDINANCE AMENDMENT § 387 -6 - SPONSOR ACKNOWLEDGMENTS IN MARTIN LUTHER KING AND RIVERSIDE PARKS The Common Council of the City of Buffalo does hereby ordain as follows: Section 1. Section 387 -6 of the Buffalo City Code is hereby amended to read as follows: Section 387 -6: [A.] Notwithstanding any other provision of the Code, no sign or advertising matter of any description, other than a sign regulating street traffic, shall hereafter be erected or placed on parkland or a public place dedicated for monument proposes and upon which a public monument has been erected. [B. 1. Martin Luther King and Riverside Parks are part of the City park system designed by Frederick Law Olmsted. The Olmsted park system is a historic cultural landscape for which the Common Council serves as trustee. It is a listed in the National Register of Historic Places as a landscape of national significance. It is a designated City landmark, all alterations to which are subject to review and approval by the city preservation board. Since 1871, in keeping with Frederick Law Olmsted's vision, the City of Buffalo has prohibited all signs and all advertising of every nature, including banners, in order to protect the public view of and enjoyment of the naturalistic landscapes created by America's preeminent landscape designer. It is the purpose of the Common Council to maintain the integrity of this historic cultural landscape for the benefit of the people of the City of Buffalo. 2. The Olmsted Parks Conservancy is a not - for - profit corporation that manages the operations of the Buffalo Olmsted Parks pursuant to the terms of a management contract with the City of Buffalo and subject to the ordinances of the City. In order to further its corporate purpose the Buffalo Olmsted Parks Conservancy seeks to encourage private donations to make gifts designated for the operation, maintenance and improvement of the City's Olmsted Parks. This work is to the mutual benefit of the City and the Buffalo Olmsted Parks Conservancy. The Common Council seeks to encourage the Conservancy's work in promoting private giving for the betterment of the parks. As a part of this effort, the Buffalo Olmsted Parks Conservancy has proposed a donor sponsorship program for the Martin Luther King Park that includes placement of banners around the main water feature of the Martin Luther King Park, such banners to include an acknowledgment of the gifts of private donors for the support of maintenance and programming of Martin Luther King Park. 3. The Olmsted Parks Conservancy shall be permitted to place banners acknowledging such gifts around the Martin Luther King Park wading pool and along the outer perimeter of Riverside Park on Vulcan Street, Tonawanda Street, Crowley Avenue and Niagara Street, as well as along Hotaling Drive within Riverside Park, subject to the following conditions: a. that the placement of banners shall not block or detract from public view and enjoyment of the Olmsted designed vistas and perspectives of the parks; b that the design and placement shall be subject to review and approval of the Buffalo Preservation Board; c. that the Commissioner of Public Works, Parks and Streets shall establish rules, subject to the review and approval of the Common Council, for the location, construction, installation and maintenance of such signs; d. that such signs shall not contain any trademark, service mark o1' other advertising symbol; e. that such signs shall be not be permitted to become worn, tattered or unsightly; £ that proceeds from such sponsorship banners shall be applied exclusively to the operation and maintenance of the park features for which sponsors donate funds; and e. that such sponsorship banners shall be removed after three years of the their initial installation.] §2. This Ordinance Amendment shall take effect immediately upon being duly ratified pursuant to §3 -19 of the City Charter. APPROVED AS TO FORM TIMOTHY A. BALL By: Alan P. Gerstman Asst. Corporation Counsel Underlined material is new. Material in brackets [ ] is repealed. REFERRED TO THE COMMITTEE ON LEGISLATION. NO. 1666 By: JOSEPH GOLOMBEK WAIVE SPECIAL EVENT PERMIT FEE FOR THE RIVERROCK REVIVAL COMMUNITY PICNIC Whereas The RiverRock Revival Community Picnic will take place on Saturday, July 194 - 11:00 - 3:00. The event is free and is open to the public; and Whereas there will be a ribbon cutting for the new gardens at 11:00 a.m., followed by food, music, games, and face painting; and Whereas: The event marks the completion of a nearly $1 million project in the park; and Now, Therefore, Be It Resolved: That the Common Council of the City of Buffalo waives the Special Event permit fee associated with the RiverRock Revival Community Picnic scheduled for July 19 at 11:00am; and Be it Finally Resolved: That copies of this resolution be forwarded to the office of Special Events, Department of Public Works, Parks and Streets. PASSED AYES — 9 NOES — 0 NO. 1656 ESTABLISHMENT OF A COMMITTEE FOR PARTICIPATORY BUDGETING IN THE CITY OF BUFFALO SPONSOR: COUNEILMEMBER MICHAEL J. LOCURTO CO- SPONSOR: COUNCILMEMBER DARIUS G. PRIDGEN, COUNCILMEMBER DEMONE A. SMITH, COUNCILMEMBER DAVID A. RIVERA, COUNCILMEMBER CHRISTOPHER P. SEANLON, COUNCILMEMBER DAVID A. FRANCYZK, COUNCILMEMBER RASHEED N.C. WYATT, COUNCILMEMBER RICHARD A. FONTANA, COUNCILMEMBER JOSEPH GOLOMBEK, JR. Whereas, in a time of widespread budget crisis and plummeting trust in government, politicians and community members are searching for more democratic and accountable way to manage public money; and, Whereas, participatory budgeting ( "PB ") is a democratic process in which community members directly decide how to spend part of a public budget; and, Whereas, over 3,000 cities throughout the world use PB to determine a portion of their budgets; and, in 2009, Chicago became the first U.S city to champion this methodology, with New York City following their lead in early 2012; and, Whereas, the City of Vallejo made history in the same year, by becoming the first municipality in the United States to approve participatory budgeting city -wide; and, Whereas, a pilot project in Saint Louis established a process in the 6 th Ward and educated residents there on how tax dollars could be allocated through citizen participation; and, Whereas, the White House recently promoted the use of PB as part of its 2014 Open Government National Action Plan, and invited the City of Buffalo to participate in an all -day workshop in Washington to discuss how to increase awareness for PB and implement it in communities throughout the United States; and, Whereas, PB includes everyone in the community - especially those who are often excluded from the political process or feel disillusioned with politics. By making every effort to actively engage such communities and significantly reducing barriers to participation, PB creates fairer and better conditions for the community's needs to be reflected, not just groups with the most resources; and, Whereas, PB can develop an active, informed, and democratic citizenry by engaging and connecting community members with officials, staff and policy makers to determine the most effective uses of public funds; and, Whereas, PB helps to empower and strengthen our communities and the individuals within them through education, skill - building, and decision - making power that creates tangible results. This helps to develop new leadership and inspire citizens to work together in an effort to improve their community; and, Whereas, PB is a multistage process that begins with gathering ideas from citizens, which can range from improving transportation, parks, schools and public safety to cleaning up the environment; and, Whereas, PB can engender better trust and understanding of their local governments among its residents by helping to make government more accountable and efficient by allowing community members to decide spending priorities in public assemblies in a transparent fashion with fewer opportunities for corruption, waste and public backlash; and, Now, Therefore, Be it Resolved, That the Buffalo Common Council does hereby support implementing a Participatory Budgeting process in the city of Buffalo, similar to what currently exists in other successful municipalities throughout the country, with assistance from the Participatory Budgeting Project; and, Be It Further Resolved, That a Committee of citizens consisting of one representative (representative must be a city of Buffalo resident) of each of the following organizations be appointed: African American Cultural Center Church of the Assumption Citizen Action of Western New York Clean Air Coalition of Western New York Coalition for Economic Justice Community Action Organization Elmwood Village Association Environmental Justice Action Group Fruit Belt Advisory Council Fruit Belt /McCarley Gardens Housing Task Force Heart of the City Neighborhood, Inc. International Institute of Buffalo Jefferson Business Association Linwood Association Massachusetts Avenue Project Masten Block Club Coalition NAACP Buffalo Brunch National Inner Cities Youth Opportunity Parkside Community Association Partnership for the Public Good Peacekeepers Somali Bantu Community of Buffalo Seneca Babcock Community Center Sumner - Bailey Block Club True Bethel Baptist Church Urban Christian Ministries Zelmer Street Block Club Be It Finally Resolved, That the aforementioned Committee will be chaired by a representative of the Clean Air Coalition of Western New York. The Committee's task is to learn more about PB and develop a series of recommendations for the City of Buffalo. The City will retain the Participatory Budgeting Project (PBP) to support its educational and technical needs. The Committee shall develop a series of recommendations for the City of Buffalo on how to implement Participatory Budgeting. The final memo shall include recommendations on: • Funds, which funds should be used for PB • Where resources to implement PB could come from (support for CBOs, etc) • A timeline for PB • The roles for the Mayor's office, council, community based organizations, etc. The report shall be filed no later than March 15, 2015. The committee will meet bi- monthly. ADOPTED Sponsor: Michael I, LoCurto Re: Vegan Day in the City of Buffalo Whereas; WNY VegFest will be holding their first annual vegan - friendly festival in Buffalo's Delaware Park on August 3, 2014; and Whereas; WNY VegFest will be hosting the first Tofurky Trot east of the Mississippi River, and the festival is expected to attract thousands of people as far away as New York City, Ohio, Pennsylvania, and Toronto; and Whereas; local vegan, vegetarian, and veg- friendly companies and nonprofits will have the opportunity to grow their business or organization by participating as sponsors, vendors, and /or exhibitors at WNY VegFest; and Whereas; WNY VegFest will feature over 50 vendors, exhibitors, and sponsors, including Western New York vegan /vegetarian businesses, such as Buffalo Plant Burger, 6o Veggies, Inc., Mooseberry Soap, Tatiana Arnica Beach Body, and Vegan Pathways; and Whereas; Buffalo and the WNY region are home to a community of vegans, supported by local vegan - friendly groups, organizations, and resources, including Animal Advocates of WNY, Animal Allies of WNY, Asha Sanctuary, Buffalo Food Not Bombs, Buffalo Vegan Christian, Life of a Vegan Mom, The Buffalo Live -Food Community, The Buffalo Vegan, The Buffalo Vegan Society, UB Veg Club, Vegan Buffalo, WNY Loves Animals Book, WNY Vegans, and WNY Vegan Food Drive; and Whereas; the research firm, Packaged Facts found that 31 % of Americans are reducing their consumption of meat; and data from Harris Interactive showed that the number of vegans in the US doubled between 2009 and 2012. Interest in veganism has been increasing, as indicated by google data showing that since 2011, google internet searches for the term "vegan" have become more abundant than "vegetarian;" and Whereas; the importance of reducing meat consumption has already been recognized by a City of Buffalo entity, as the Buffalo Public School system enacted a "Meatless Mondays" policy which began in 2013. Other cities have also set a precedent for enacting meat -free resolutions, ranging from Veg Day in San Francisco, to Meatless Mondays for our east coast neighbors in Philadelphia, and an entire Veg Week for Takoma Park, Maryland; and Whereas; Buffalo's 2010 population demographics were 39% African American and 11 % Hispanic, and the U.S. Department of Health and Human Services lists the rate of lactose intolerance for both African Americans and Hispanics as at least 50% and up to 80 %; as such, dairy-free options are an important racial justice issue in The City of Buffalo; and Whereas; a sustainable environment, with sufficient resources, a consistent climate, and clean air, land, and water, is beneficial to the City of Buffalo, and, more generally, is necessary for the wellbeing of all inhabitants of life on the planet. Now, Therefore Be It Resolved That: The City of Buffalo Common Council seeks to promote health, environmental sustainability, and local commerce by supporting vegan principles and recognizing the myriad of positive effects that eliminating or reducing meat in one's diet can have on its citizens health and environment; and Be it Further Resolved That: That the Buffalo Common Council does hereby declare August 3, 2014, as Vegan Day in The City of Buffalo.; and Be it Finally Resolved That: It shall be Vegan Day in the City of Buffalo on the first day of the WNY VegFest Festival each year from this year forth. ADOPTED NO. 1658 SPONSOR: COUNCILMEMBER MICHAEL J. LOCURTO COSPONSOR: DAVID A. FRANCZYK RE: WAIVE PERMIT FEES FOR THE 2014 BUFFALO INFRINGEMENT FESTIVAL Whereas, the Buffalo Infringement Festival is a non - profit- driven, grassroots endeavor bringing together a broad range of eclectic, independent, experimental, and thought - provoking arts of all forms; and, Whereas, visual, performing, musical, and media arts are housed in a multitude of venues in and around Buffalo's Allentown District, and various public spaces throughout the city of Buffalo, as the festival continues to grow, including Days Park and Delaware Park; and, Whereas, the festival is an annual eleven -day event running from the last weekend in July through the first weekend of August; and, Whereas, the event is organized by an ad -hoc committee whose members generously donate their time and talent to make this one -of -a -kind experience possible; and, Whereas, the City of Buffalo understands the unique opportunity the Buffalo Infringement Festival presents in creating a Culturally rich and artistically vibrant community. Now, Therefore, Be it Resolved: That the City of Buffalo Common Council hereby supports this event's mission and agree to waive the related permit and event fees associated with holding the 2014 Buffalo Infringement Festival from Thursday, July 24 to Sunday, August 3 2014. Be it Further Resolved: That a copy of this resolution be sent to the Department of Parks and Recreation and the Department of Special Events. PASSED AYES — 9 NOES - 0 NO. 1659 BY MR. PRIDGEN, MR. SMITH, MR. GOLOMBEK, JR. APPOINTMENTS FOR THE COMMITTEE FOR FAIR ELECTIONS THROUGH PUBLIC FINANCING Whereas The Buffalo Common Council unanimously passed a resolution titled "Fair Elections: Public Financing for Elections in the City of Buffalo" on May 27, 2014; and Whereas This resolution calls for the formation of a committee of citizens consisting of representatives, who is a resident of the City of Buffalo, from several diverse organizations to properly represent the citizens of the City of Buffalo; and Whereas The committee will be titled: The Committee for Fair Elections through Public Financing; and Whereas The following members of each organization are qualified representatives of their respective organizations, who reside in the City of Buffalo and will serve a two year term: 1. Buffalo Niagara League of Women Voters - Janet Massaro 2. Citizen Action - Jim Anderson 3. New York Leadership for Accountable Government - Diana Cihak 4. Partnership for the Public Good - Megan Connelly 5. PUSH Buffalo - Jennifer Mecozzi 6. Public Accountability Initiative - Rob Galbraith 7. Common Canse /NY- Marjorie Girth 8. Coalition of Black Trade unionists - Kathy Hunter A committee member from the organizations of the NAACP, Hispanic Heritage Council of WNY and Black Social Workers will be determined at a later date. The Committee for Fair Elections through Public Financing reserves the right to add additional representative members in future discussions; and Whereas In addition to the representatives of organizations, it is important to have individual citizens involved in the discussion. The following members, who reside in the City of Buffalo, will serve in an At Large capacity fora two year term: 1. Ellen Kennedy 2. Barbara Kloberdanz 3. Bill Nowak 4. Vanessa Quinn 5. Mike Raleigh 6. Joel Rose 7. Brenda Sherman 8. Eric Walker The Committee for Fair Elections through Public Financing reserves the right to add additional At Large members in future discussions; Now, Therefore, Be It Resolved: That the Common Council of the City of Buffalo appoints Janet Massaro, Jim Anderson, Diana Cihak, Megan Connelly, Jennifer Meeozzi, Rob Galbraith, Marjorie Girth and Kathy Hunter as representative members of the Committee for Fair Elections through Public Financing; and Be It Finally Resolved: That the Common Council of the City of Buffalo appoints Ellen Kennedy, Barbara Kloberdanz, Bill Nowak, Vanessa Quinn, Mike Raleigh, Joel Rose, Brenda Sherman and Eric Walker as an At Large members of the Committee for Fair Elections through Public Financing. ADOPTED NO. 1660 BY: COMMON COUNCIL PRESIDENT DARIUS G. PRIDGEN APPOINTMENT TO CITIZENS PLANNING COUNCIL DATE: JULY 22, 2014 Whereas Pursuant to the City of Buffalo, New York, Charter and Code, Article 18, sections 18 -23 through 18 -29, empowers the Common Council to appoint five (5) representatives to the board commonly known as the Citizens Planning Council ; and Whereas: There are two seats in the position of representative of the Common Council on the CPC with terms ending on July 31, 2014; and Whereas On behalf of the Common Council, the following names are submitted and recommended for approval to serve on the CPC for a two -year term, beginning August 1, 2014 and ending July 31,2016: Michael Derby, residing at 253 Herman Street, Buffalo, NY 14211; Michael Vertino, residing at 83 University Avenue, Buffalo NY 14214 Now, Therefore be it Resolved: That the Common Council of the City of Buffalo hereby approves and designates the above listed individuals to serve for the term indicated as appointed members to the Citizens Planning Council on the condition that all outstanding obligations or arrears owed to the City, its departments, boards or agencies are paid in full or otherwise have made arrangements for payment in full (City of Buffalo, New York, Charter and Code, Article 141, section 141 -4); and Now, Therefore be it finally Resolved: That once adopted, a copy of this resolution be forwarded to Gary Witulski, Planner III, Office of Strategic Planning, 920 City Hall, Buffalo, New York 14202 PASSED AYES — 9 NOES - 0 NO. 1661 BY COUNCILMEMBER PRIDGEN PERMISSION TO HANG BANNERS FOR THE ECHO ARTS FAIR Whereas The echo Art Fair request permission to hang a banner during the first week of September on Delaware Avenue at the intersection of Allen Street to promote the fair; and Whereas The echo Art Fair was attended by 10,000 people last year. It aims to connect experienced collectors and first -time buyers with established and emerging local, regional and international artists; and Whereas The City of Buffalo Department of Public Works designed general guidelines for the placement of banners that include the necessary information to fully comply with the requirements established. The echo Arts Fair has received a copy of these conditions provided by the district office of the above named Council Member that gives a full understanding of the requirements to allow the placement of the requested banner; and Now, Therefore, Be It Resolved: That the requested banners, meet the requirements of all appropriate City Departments and that no existing laws, rules, or regulations be violated, particularly those found in Charter and Code Sections 387 -15 or other pertinent sections thereof; and Be It Further Resolved: That the Common Council of the City of Buffalo does hereby grant permission to The echo Arts Fair to hang a banner on Delaware Avenue at the intersection of Allen Street, and that copies of this resolution be forwarded to the Department of Public Works, the Arts Commission, and Special Events to ensure the requested conditions are met prior to the installation of the request to hang the banner, in the City of Buffalo. PASSED AYES — 9 NOES — 0 NO. 1662 SPONSOR ELLICOTT COUNCIL MEMBER DARIUS G. PRIDGEN PERMISSION TO HANG BANNERS FOR PUERTO RICAN DAY PARADE JULY 18, 2014 Whereas The Puerto Rican and Hispanic Day Parade will be celebrating its 12th Annual parade on Saturday, September 6, 2014 on Niagara Street, from Niagara Square to Porter Avenue; and Whereas The Association requests permission to install flags on all street lamp poles in Niagara Square and down Niagara Street, from Niagara Square to Porter Avenue. The installation of the flags will occur the week of August 25thjust prior to the Associations Flag Raising Ceremony on August 28th at 12pro in Niagara Square in front of Buffalo City Hall, and will be removed the week of September 8th, 2014; and Whereas The City of Buffalo Department of Public Works designed general guidelines for the placement of banners that include the necessary information to fully comply with the requirements established. The Puerto Rican and Hispanic Day Parade of Western New York Association has received a copy of these conditions provided by the district office of the above named Council Member that gives a full understanding of the requirements to allow the placement of the requested banner; and Now, Therefore, Be It R- 91ved: That the requested banners, meet the requirements of all appropriate City Departments and that no existing laws, rules, or regulations be violated, particularly those found in Charter and Code Sections 387 -15 or other pertinent sections thereof; and Be It Further Resolved: That the Common Council of the City of Buffalo does hereby grant permission to the Puerto Rican and Hispanic Day Parade Western New York Association to hang banners, located in Niagara Square and down Niagara Street, from Niagara Square to Porter Avenue, and that copies of this resolution be forwarded to the Department of Public Works, the Arts Commission, and Special Events to ensure the requested conditions are met prior to the installation of hang the banner, in the City of Buffalo. PASSED AYES — 9 NOES — 0 NO. 1663 SPONSOR MR. PRIDGEN PERMISSION TO HANG BANNERS FOR THE CHIPPEWA ALLIANCE Whereas The Chippewa Alliance request permission to install banners on twenty six light poles along West Chippewa from Main Street to South Elmwood Avenue; and Whereas The Chippewa Alliance would like to unite and beautify the district through the placement of the banners and will have the banners installed before July 31, 2014; and Whereas The City of Buffalo Department of Public Works designed general guidelines for the placement of banners that include the necessary information to fully comply with the requirements established. The Chippewa Alliance has received a copy of these conditions provided by the district office of the above named Council Member that gives a full understanding of the requirements to allow the placement of the requested banner; and Now, Therefore, Be It Resolved: That the requested banners, meet the requirements of all appropriate City Departments and that no existing laws, rules, or regulations be violated, particularly those found in Charter and Code Sections 387 -15 or other pertinent sections thereof; and Be It Further Resolved: That the Common Council of the City of Buffalo does hereby grant permission to The Chippewa Alliance to hang banners along West Chippewa from Main Street to South Elmwood Avenue, and that copies of this resolution be forwarded to the Department of Public Works, the Arts Commission, and Special Events to ensure the requested conditions are met prior to the installation of the request to hang the banner, in the City of Buffalo. PASSED AYES — 9 NOES — 0 NO. 1664 BY: ELLICOTT DISTRICT COUNCIL MEMBER DARIUS G. PRIDGEN RE: SPECIAL EVENTS PERMIT FEE WAIVER FOR THE CHRISTIAN EVOLUTION PARADE Whereas The El Shaddai Church is utilizing Jerge Drive and S. Elmwood (next to City Hall), and walking down Niagara Street to Virginia Street to Efner Street to Maryland, finishing with a Revival church service at a lot on the comer of Maryland and Niagara Streets. We are promoting the local West Side Christian Revolution Parade; and Whereas Beginning 12Noon to 7 PM on Saturday, August 30, 2014, the Christian Parade is free and open to the general public; and Whereas Hot dogs, hamburgers, sandwiches, pop, and water will be served under the tent at Tops, located at 425 Niagara Street; and Whereas In the event of rain, it will be held at 425 Niagara Street under the tent; and Now, Therefore, Be It Resolved: That the Common Council commends E1 Shaddai in their effort to promote a Christian's Parade involving local West Side area churches; and approves waiving the permit fees associated with this event; and Be It Finally Resolved: That copies of this resolution be sent to the Department of Permit & Inspection Services, the Department of Public Works, and the Department of Special Events. PASSED AYES — 9 NOES — 0 NO. 1666 BY: ELLICOTT DISTRICT COUNCIL MEMBER DARIUS G. PRIDGEN RE: SPECIAL EVENTS PERMIT FEE WAIVER FOR THE GARDEN BEAUTIFICATION CONCERT Whereas The Linwood Preservation District and Friends will utilize the Tony Sisti Park, located at 42 North Street in the southeast comer of Franklin and North Streets to celebrate the beautification of Sisti Park through plantings done by the Linwood Association. The concert is being held to celebrate the continued beautification of the park; and Whereas At 5pm, on Saturday, July 26, 2014, a picnic will be held for the association members. The concert music consisting of guitarists Geno McManus, the Six String Circus from Hutch Tech, and the Buffalo Guys will begin at 7pm. The concert is free and open to the general public. Various local vendors will provide refreshments at a fee; and Whereas In the event of rain, it will be held at Ascension Church located at 16 Linwood Avenue, Buffalo, New York; and Now, Therefore, Be It Resolved: That the Common Council commends the Linwood Preservation District and Friends in their effort to promote a beautified area for the community, and approves waiving the permit fees associated with this event; and Be It Finally Resolved: That copies of this resolution be sent to the Department of Permit & Inspection Services, the Department of Public Works, and the Department of Special Events. Darius G. Pridgen Council President Ellicott District Council Member Council President and Ellicott District Council Member Darius G. Pridgen Waiver of Permit Fees for Puerto Rican Day Parade July 18, 2014 The Puerto Rican and Hispanic Day Parade will be celebrating its 12th Annual parade on Saturday, September 6, 2014 on Niagara Street, from Niagara Square to Porter Avenue. The event is hosted by the Puerto Rican and Hispanic Day Parade of Western New YorkAssociation, Inc.; and This annual event is a cultural and Civic pride event and celebrates the contributions of all Hispanics in the growth of the Western New York Community and Buffalo in particular; and Now, Therefore, Be It Resolved: That the Common celebrates the 12" annual Hispanic Day Parade and congratulates the Puerto Rican and Hispanic Day Parade of Western New York Association, Inc. on another successful year; and Be It Finally Resolved: That copies of this resolution be sent to the Department of Permit & Inspection Services, and the Department of Special Events. PASSED AYES — 9 NOES — 0 NO. 1666 BY MR. PRIDGEN WAIVER OF PERMIT FEES FOR PUERTO RICAN DAY PARADE JULY 18, 2014 Whereas The Puerto Rican and Hispanic Day Parade will be celebrating its 12th Annual parade on Saturday, September 6, 2014 on Niagara Street, from Niagara Square to Porter Avenue. The event is hosted by the Puerto Rican and Hispanic Day Parade of Western New York Association, Inc.; and Whereas This annual event is a cultural and civic pride event and celebrates the contributions of all Hispanics in the growth of the Western New York Community and Buffalo in particular; and Now, Therefore, Be It Resolved: That the Common celebrates the 12 annual Hispanic Day Parade and congratulates the Puerto Rican mad Hispanic Day Parade of Western New York Association, Inc. on another successful year; and Be It Finally Resolved: That copies of this resolution be sent to the Department of Permit & Inspection Services, the Department of Public Works, Parks and Streets and the Department of Special Events. PASSED AYES — 9 NOES - 0 NO. 1667 BY DARIUS G. PRIDGEN BY: COUNCILMEMBER RIVERA RE: BICYCLE /PEDESTRIAN ADVISORY BOARD APPOINTMENT Whereas, Ashley Smith is a resident of the Niagara District at 531 Massachusetts Avenue; and Whereas, Ashley is an avid bicyclist and has worked on bicycle and pedestrian projects concerning way finding and sidewalk snow removal; and Whereas, the Bicycle /Pedestrian Advisory Board currently has vacancies; and Whereas, Ashley has shown a committed interest in addressing the issues bicyclists and pedestrians face in Buffalo. Now, Therefore, Be It Resolved, the Common Council appoints Ashley Smith to the Bicycle /Pedestrian Advisory Board; and Be It Further Resolved, the City Clerk is directed to send a copy of this resolution to the Bicycle /Pedestrian Advisory Board. David A. Rivera Niagara District Councilmember PASSED AYES — 9 NOES NO. 1668 BY: COUNCILMEMBER RIVERA RE: WAIVER OF SPECIAL EVENTS FEE FOR D'YOUVILLE COLLEGE SCHOOL OF PHARMACY ANNUAL PICNIC. Whereas, D'Youville College School of Pharmacy is located at 320 Porter Avenue; and Whereas, the college will be having a picnic to introduce new students to the city of Buffalo and encourage class bonding; and Whereas, the college would like to use the Front Park located on Porter Avenue for the picnic; and Whereas, the event will occur on August 9, 2014 from 8:OOam to 4:OOprn. Now, Therefore, Be It Resolved, the Common Council request the Office of Special Events waive the fees associated with this event; and Be It Further Resolved, the City Clerk is directed to send a copy of this resolution to the Office of Special Events and the Parks Division of the Department of Public Works, Parks, and Streets. PASSED AYES — 9 NOES - 0 NO. 1669 SPONSORED BY: COUNCILMEMBER RIVERA FEE WAIVER FOR BURMESE FLAG RAISING DAY Whereas, the Burmese Community in Buffalo will be commemorating the 8888 Uprising which marks the anniversary of the pro- democracy movement in Burma; Whereas, Buffalo is home to many Burmese refugees who participated in the pro- democracy movement; and Whereas, on August 9, 2014 the flag of the National League for Democracy will be raised in Niagara Square: Now, Therefore Be It Resolved that the City of Buffalo Common Council- - waives the fees associated with this event; and request a copy of this resolution be sent to the Mayor's Office of Special Events. David A. Rivera Niagara District Councilmember PASSED AYES — 9 NOES - 0 NO. 1670 SPONSORED BY: COUNCILMEMBER RIVERA FEE WAIVER FOR PUSH'S "COMMUNITY CONCERT IN THE PARK" Whereas, People United for Sustainable Housing ( "PUSH ") is a non - profit agency located at 271 Grant Street in the City of Buffalo; Whereas, PUSH serves its neighborhood by providing free community events and activities for the community; and Whereas, on August 2, 2014 PUSH will be holding "Community Concert in the Park" event at Massachusetts Avenue Park: Now, Therefore Be It Resolved that the City of Buffalo Common Council- - 1) waives the fees associated with this event; and 2) request a copy of this resolution be sent to the Parks Division of the Department of Public Works, Parks, and Streets and the Mayor's Office of Special Events. PASSED AYES — 9 NOES — 0 NO. 1671 SPONSORED BY: COUNCILMEMBER RIVERA UNITED LIBERIAN ASSOCIATION'S LIBERIAN 167 FLAG DAY EVENT FEE WAIVER Whereas, the United Liberian Association ( "ULA ") is a non - profit agency located at 100 Parkdale Avenue in the City of Buffalo; Whereas, the ULA serves Liberian refugees and immigrants who have resettled in Buffalo; and Whereas, on August 23 -, 2014 the ULA will be holding its Liberian 167 Flag Day event at LaSalle Park to celebrate' Liberia's Flag Day: Now, Therefore Be It Resolved that the City of Buffalo Common Council- - 1) waives the fees associated with this event; and 2) request a copy of this resolution be sent to the Parks Division of the Department of Public Works, Parks, and Streets and the Mayor's Office of Special Events. PASSED AYES — 9 NOES - 0 NO. 1672 COUNCIL MEMBER SCANLON SUBMITTED THE FOLLOWING RESOLUTION: DISCHARGE LEGISLATION COMMITTEE FROM CONSIDERATION OF ITEM NO. 14 -1416 Whereas, the Common Council has scheduled a public hearing for July 22 ha 2014 regarding a Request for Consideration of Naming Shelter House at Cazenovia Park for Robert J. Williams; and Whereas, the relevant council item remains in the standing committee on legislation and requires release to the full Council for the scheduled public hearing: Now, Therefore Be It Resolved that The City of Buffalo Common Council, 1) Hereby discharge the Legislation Committee from further consideration of Item No. 14 -1416, "Request for Consideration of Naming the Shelter House at Cazenovia Park for Robert J. Williams "; and 2) Will bring the item before all members of the Common Council for consideration on July 22, 2014. ADOPT DISCHARGE APPROVE PASSED — 9 NOES — 0 NO. 1673 SPONSORED BY: COUNCILMEMBER RIVERA FEE WAIVER FOR PRIMERA IGLESIA METODISTA UNIDA'S CHRISTIAN YOUTH FAIR Whereas, Primera Iglesia Metodista Unida is a non - profit organization located at 62 Virginia Street in the City of Buffalo; Whereas, Primera Iglesia Metodista Unida serves many of our City's low- income residents; and Whereas, on August ist -3rd, 2014 Primera Iglesia Metodista Unida will be holding its Christian Youth Fair at Prospect Park to provide fun and games for our City's youth population: Now, Therefore Be it Resolved that the City of Buffalo Common Council- - 1) waives the Specials Events & Park fee associated with this event; and 2) request a copy of this resolution be sent to the Parks Division of the Department of Public Works, Parks, and Streets and the Mayor's Office of Special Events. PASSED AYES — 9 NOES — 0 NO. 1674 SPONSORS: CHRISTOPHER P. SCANLON MORATORIUM ON NEW E- CIGARETTE AND HOOKAH STORES /LOUNGES WHEREAS, E- Cigarettes and hookah are a relatively new product to the Western New York area and as such, the City of Buffalo Charter does not include requirements and /or restrictions for e- cigarette and hookah stores /lounges; and WHEREAS, As a result of the lack of legislation regarding e- cigarette and hookah stores /lounges, said stores /lounges do not need to obtain permits or licenses from the Department of Permits and Inspections. Furthermore, these stores /lounges do not require Common Council approval; and WHEREAS, Other businesses, such as food stores, need to obtain Common Council approval before operating, providing the respective Councilmember with the opportunity to visit the store, speak with the owner and assess the impact the business will have on the surrounding neighborhood before approving or denying the license; and WHEREAS, Due to the lack of regulation, e- cigarette and hookah stores /lounges are literally popping up overnight" creating an overly saturated market without any input from the respective Councilmember or the residents of the area; and WHEREAS, Current State and County laws are unclear as to what license(s) and permit(s) are needed to legally operate e- cigarette and /or hookah stores /lounges; and WHEREAS, The medical community, including Roswell Park Cancer Institute has overwhelmingly agreed that further scientific inquiry is needed to determine and understand the potential health risks associated with e- cigarettes and hookah; and NOW, THEREFORE, BE IT RESOLVED, That the City of Buffalo Common Council requests a moratorium on any new e- cigarette and hookah stores /lounges until December 31, 2014 to provide the Common Council time to request clarification from the New York State Department of Taxation and Finance on required licenses for e- cigarettes and hookah stores /lounges and to establish additional licensing requirements within the City of Buffalo; and BE IT FURTHER RESOLVED, That the Common Council respectfully requests a representative from the Erie County Health Department come before this honorable body to provide input on e- cigarettes and hookah stores /lounges as they relate to public health and safety: and BE IT FURTHER RESOLVED, That the City of Buffalo Department of Law immediately begin to draft legislation establishing requirements and restrictions on e- cigarette and hookah stores /lounges; and That the Buffalo Common Council requests the New York State Department of Taxation and Finance to withhold licenses and registration from potential e- cigarette and hookah stores /lounges during this period; and BE IT FINALLY RESOLVED, That the City Clerk forwards copies of this resolution to the New York State Department of Taxation and Finance, the Erie County Department of Health, the City of Buffalo Department of Permits & Inspections, the Department of Law, and the Rules Committee of the Buffalo Common Council. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 1676 SPONSOR: CHRISTOPHER P. SCANLON TRAILBLAZING SIGN INHONOR OF WILLIAM (BILLY) NASH "BUMP" SCAHALL WHEREAS, Trailblazing Signs, otherwise known as honorary street names, are generally assigned to honor and commemorate noteworthy persons associated with the City of Buffalo; and WHEREAS, The Common Council has received a request for a Trailblazing Sign to honor William (Billy) Nash "Bump" Scahall; and WHEREAS, William (Billy) Nash "Bump" Scahall was born on August 4, 1955 to Rose Donovan Scahall and Jack Scahall who lived on Tennessee Street in the Old First; and WHEREAS, At the age of 8, his family moved to South Buffalo, where he attended St. Thomas Aquinas Grammar School, graduating in 1969. Billy then attended Bishop Timon -St. Jude High School, where he was an active member of the student body, eventually serving as Senior Class President in 1973; and WHEREAS, After graduating from Bishop Timon -St. Jude High School, Billy went on to attend Niagara Community College, After jobs with the City of Buffalo's Neighborhood Housing and Chevy Delevan, he began his career in corrections in Fishkill, New York, eventually transferring to Attica Corrections Facility in August of 1981; and WHEREAS, Billy was passionate about his community and career, and as such, was very active in the South Buffalo community as well as the Union for Corrections Officers; and WHEREAS, While Billy is remembered for his community involvement and dedication to his career, his ultimate legacy is his beloved wife, Deborah "Debbie" (Sanak) whom he married on November 3, 1979, and his three cherished children Laura, William (Billy) Nash Scahal II and Bridgett. Billy and Debbie spent the final years of his life raising their children on Salem Street, where Debbie still resides; and WHEREAS, On August 21, 1991, white in Albany on Union business, Billy was tragically killed in a car accident, leaving behind countless family and friends; and WHEREAS, To honor the memory of William Scahall and to thank him for his unwavering commitment to South Buffalo, it is the desire of many members of the community to formally designate a street sign in his name on Salem Street; and NOW, THEREFORE, BE IT RESOLVED, That the Common Council of the City of Buffalo hereby approves the installation of Trailblazing Signage proclaiming Salem Street in South Buffalo as "Billy'Bump' Scahall Way;" and BE IT FURTHER RESOLVED, That the Department of Public Works, Parks and Streets is directed to erect the signs to this effect once all fees associated with theposting of the Trailblazing Signs have been satisfied. PASSED AYES 9, NOES 0 NO. 1676 SPONSOR: CHRISTOPHER P. SCANLON WAIVE EVENT FEES FOR THE SOUTH BUFFALO SCHOOL OF MUSIC SUMMER ROCK CAMP CONCERT WHEREAS, Chapter 175 of the Code of the City of Buffalo establishes a schedule of fees that are to be charged with respect to licenses, permits, and activities required or regulated under the provisions of various chapters of the Code; and WHEREAS, The South Buffalo School of Music Summer Rock Camp Concert will be held at the Cazenovia Park Casino Steps on Friday, August 1, 2014 from 3:30pm until 6:30pm; and WHEREAS, Students of the South Buffalo School of Music will participate in a week -long summer rock camp during which they will learn the music of Queen. This event will be the culminating activity of their music workshop; and WHEREAS, The South Buffalo School of Music provides residents with a great opportunity to showcase the work of their students in a family- oriented environment; and NOW, THEREFORE, BE IT RESOLVED, That the Common Council of the City of Buffalo respectfully requests that the Department of Special Events and the Department of Public Works waive all fees applicable to the South Buffalo School of Music Summer Rock Camp Concert; and BE IT FURTHER RESOLVED, That the City Clerk forward a copy of this resolution to the Commissioners of the Departments of Permits & Inspections and Public Works. PASSED AYES 9, NOES 0 NO. 1677 BY: MR. SCANLON ORDINANCE AMENDMENT CHAPTER 216. GARBAGE, RUBBISH AND REFUSE The Common Council of the City of Buffalo does hereby ordain as follows: Section 1. That Section 216 -14 of Chapter Article VII of Chapter 216 of the Code of the City of Buffalo be amended to read as follows: §216 -14. Placement of material for collection: penalties for offenses. A. No person shall deposit or leave or cause or allow any agents, subordinates, occupants or employees to deposit or leave in any public street, curbline or public place any solid waste, unless the same is in proper receptacles, no earlier than 7:00 p.m. on the evening prior to the day of regular collection as provided. All city- issued receptacles shall be removed from the street, curbline or public place following public collection and shall not be left tin the street, curbline or public place after 8:00 p.m. on the day of regular collection. All garbage receptacles shall be kept in rear yards, or side yards if stored at least 10 feet from the front of the house, and not may be stored in the front of properties, unless authorization is received from the Commissioner of Public Works. B. Any person violating the provisions of subdivision A of this section may be liable, in addition to the general penalties, to the penalties established in chapter 137, Code Enforcement, Article I, of this Code. C. No person shall at any time deposit or leave or cause or allow any agents, subordinates, occupants or employees to deposit or leave in any public street, curbline or public place any electronic waste of any nature, nor shall any person place electronic waste of any nature concealed in any manner of carton, container or receptacle in any public street, curbline or public place. For purposes of this subdivision, electronic waste shall include, but not limited to: U computers, including desktop, portable, laptop, and notebook computers, tablets, netbooks and ultra- compact laptops; U hard -copy devised, including printers, fax machines, scanners, digital copiers, multi- function devices, stand -alone copier machines, modems, personal computer upgrade components, sound cards, external storage and external hard drives; U keyboards and mice; U Computer displays, including cathode ray tube (CRT) monitors and all flat panel types; U Televisions, including CRT portable, table and console models and VCR /DVD combination products; flat panel televisions, including liquid - crystal (LCD displays, plasma televisions, organic light- emitting diode (OLED) televisions, and flat -panel TV combination products; projection televisions, including rear projection televisions; and black and white televisions; and U hand -held devices, including portable, handheld wireless telephones, cell phones, personal digital assistants, smartphones, pagers, but not handheld televisions, portable MP3 players, iPods, digital cameras and camcorders. D. Any person violating the provisions of subdivision C of this section may be liable, in addition to the general penalties, to the penalties established in chapter 137, Code Enforcement, Article I, of this Code. 52. That Fine Class E of Section 137 -7 of Article I of Chapter 137 of the Code of the City of Buffalo be amended to read as follows: Fine Class E Deposit of electronic waste §216 -4,subd.0 Placing more than the authorized weight in City - provided receptacle or tote, §216 -15 Operating a lodging house with a license, §269 -2 First excessive noise violation §293 -7 Parking lots, §307 -17 Establishment employing unregistered bouncer(s), §372 -7113 Deposits on streets or public places prohibited, §413-4 Overflowing dumpsters, littered dumpsters areas, uncovered dumpster, § §413-4 and 413 -37 Chapter 413, Streets and Sidewalks, Article X, Permit and Inspection Fees Taxicabs and liveries, license required on motor vehicles, §437-4 §3. This ordinance shall be effective immediately upon being duly ratified pursuant to §3 -19 of the City Charter. APPROVED AS TO FORM TIMOTHY A. BALL CORPORATION COUNSEL By: Alan Gerstman Asst. Corporation Counsel Underlined material is new. Material in brackets [ ] is repealed REFERRED TO THE COMMITTEE ON LEGISLATION NO. 1678 SPONSORS: CHRISTOPHER P. SCANLON WAIVE EVENT FEES FOR THE ROWIN', THROWIN' N GROWIN' FOR A CURE KICKBALL TOURNAMENT WHEREAS, Chapter 175 of the Code of the City of Buffalo establishes a schedule of fees that are to be charged with respect to licenses, permits, and activities required or regulated under the provisions of various chapters of the Code; and WHEREAS, Rowin', Throwin' n Grown' for a Cure is a yearly cancer awareness and fundraising event that supports Carly's Club and Roswell Park Cancer Institute; and WHEREAS, This year's Rowin', Throwin' n Growin' Kickball Tournament will take place all day on Friday, August 30, 2014 at Father Conway Park; and WHEREAS, This event allows for family, friends and community members to come together to support a great cause; and NOW, THEREFORE, BE IT RESOLVED, That the Common Council of the City of Buffalo respectfully requests that the Department of Special Events and the Department of Public Works waive all fees applicable for the Rowin', Throwin' n Grown' for a Cure Kickball Tournament at Father Conway Park; and BE IT FURTHER RESOLVED, That the City Clerk forward a copy of this resolution to the Commissioners of Special Events and the Department of Public Works. PASSED AYES 9, NOES 0 NO. 1679 SPONSOR: DEMONE SMITH WAIVE PARK RENTAL FEES FOR DRUMS ALONG THE WATERFRONT Whereas: Chapter 175 of the Code of the City of Buffalo establishes a schedule of fees that are charged with respect to licenses and permits and activities required or regulated under the provisions of various chapters of the; and Whereas Drums Along The Waterfront, an annual Drum Corp Competition to be held at Robert Rich Sr. All High Stadium with a band warm up in Kevin Roberson Park; and Whereas: This Competition attracts Drum Corps from all over the region; and Whereas: This Event will take place on August 3, 2014 Now, therefore be it resolved, That the Common Council of the City of Buffalo respectfully request that the Department of Public Works waive Park Rental Fees for Drums Along The Waterfront; and Be it further resolved, That the City Clerk forward a copy of this resolution to the Commissioner of Public Works PASSED AYES 9, NOES 0 NO. 1680 SPONSOR: DEMONE SMITH WAIVE PARK RENTAL AND SPECIAL EVENT FEES FOR VARIOUS EVENTS Whereas: Chapter 175 of the Code of the City of Buffalo establishes a schedule of fees that arc charged with respect to licenses and permits and activities required or regulated under the provisions of various chapters of the; and Whereas: The Pine Grill Reunion will be held August 3 & 10; and Whereas Buffalo Caribbean Island Carribana will be held August 16 & 17: and Whereas Taking It to the Streets will be held August 16 & 17; and Whereas: Jes Breathe, Cancer Walk for Hope to be held August 23; and Whereas: Buffalo Funk Fest to be held August 23; and now, therefore be it resolved, That the Common Council of the City of Buffalo respectfully request that Department of Special Events, Department of Permits and Inspections, and the Department of Public Works waive all fees applicable for the above listed events; and 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. 1681 BY: MR. SMITH TRAILBLAZING SIGN REQUEST FOR MRS. LOUISE BONNER Whereas: Trailblazing signs, otherwise known as honorary street names, are generally assigned to honor and commutate persons associated with the City of Buffalo; and Whereas: Mrs. Louise Bonner was born on June 29, 1941 in Woodstock, Alabama. She came to Buffalo where she met and married the late Joseph Bonner Sr. who went home to be with the Lord on February 22, 2005. Louise and Joseph raised three children; and Whereas: Mrs. Louise Bonner was a devoted and longtime member of Second Temple Baptist Church, where she taught Sunday School and worked with the Senior Ministry Program; and Whereas: Mrs. Louise Bonner began her community work in 1973 as a founding member and the financial secretary of the Durham Avenue Block. In 1978, Mrs. Bonner combined efforts from neighboring block clubs to form the Masten Block Club Coalition, ( "MBCC ") and was elected President the following year. She was also a board member of the Delavan & Grider Block Council, the Community Action Organization of Erie County, and the Board of Block Clubs of Buffalo & Erie County. The block club organizations she worked with were all 501 -3c and have received numerous grants under her leadership. Mrs. Bonner was known as "Miss Block Club "; and Whereas: In 1990, Mrs. Louise Bonner was instrumental in co- organizing the Board of Block Clubs of Buffalo and Erie County; and Whereas: Mrs. Bonner entered into rest August 13, 2012. She will be dearly missed by her two daughters, Vivian Bonner -Snell and Enid Bonner - Waite; a son Joseph Boomer Jr. and a sister, Lillie Critten and a host &family and friends who will miss her dearly. Now, therefore be it resolved: That the Common Council of the City of Buffalo hereby approves the instillation of a trailblazing sign at the corner of Durham Avenue and East Delavan Avenue proclaiming this portion of Durham Avenue as "Mrs. Louise M. Bonner Way. Be It Finally Resolved: Public Works is directed to erect these signs to this effect once all fees of a Trailblazing Sign have been satisfied. PASSED AYES 9, NOES 0 NO. 1682 BY: UNIVERSITY DISTRICT COUNCILMEMBER RASHEED N.C. WYATT WAIVE PERMIT FEES FOR THE UNIVERSITY HEIGHTS ARTS ASSOCIATION FESTIVAL 2014 Whereas: University Heights Arts Association will hold their Arts Festival on August 16, 2014. The UHAA Festival 2014 is a grass roots, signature arts and cultural event for the University District that celebrates area businesses and organizations through arts and entertainment. Whereas: University Heights Arts Association Festival is from 12:00 pm until 8:00 pm on Main Street and LaSalle Ave through Niagara Falls Boulevard in the University District. Now, Therefore, Be It Resolved: That the Common Council approves waiving the permit fees associated with this event; and Be It Further Resolved: That copies of this resolution has been sent to the Department of Public Works, Parks and Streets. PASSED AYES 9, NOES 0 NO. 1683 BY: RASHEED WYATT 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. Renee Falsken Rebecca Howson Denisha Huff Tara Pace Anthony Szakacs ADOPTED NO. 1684 ANNOUNCEMENT OF COMMITTEE MEETINGS The following meetings are scheduled. All meetings are held in the Common Council Chambers, 13 floor City Hall, Buffalo, New York, unless otherwise noted. Regular Committees Committee on Civil Service Tuesday, July 29, 2014 at 9:45 o'clock A.M. Committee on Finance following Civil Service Tuesday, July 29, 2014 at 10:00 o'clock A.M. Committee on Comm. Dev. Tuesday, July 29, 2014 at 1:00 o'clock P.M. Committee on Legislation Tuesday, July 29, 2014 at 2:00 o'clock P.M. Special Committees Committee on Education Thursday, July 31, 2014 at 5:30 o'clock P.M. (Public Disclaimer): All meetings are subject to change and cancellation by the respective Chairmen of Council Committees. In the event that there is sufficient time given for notification it will be provided. In addition, there may be meetings set up whereby the City Clerk's Office is not made aware: therefore, unless we receive notice from the respective Chairmen, we can only make notification of what we are made aware. NO. 1686 ADJOURNMENT On a motion by Mr. Smith, Seconded by Mr., Wyatt the Council adjourned at 2:58 P.M. GERALD A. CHWALINSKI CITY CLERK July 22, 2014