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Home My WebLink About14-1125 (2)NO. 22 PROCEEDINGS OF THE CITY OF BUFFALO NOVEMBER 28, 2014 MAYOR Hon. Byron W. Brown COMPTROLLER Mark J. F. Schroeder COMMON COUNCIL PRESIDENT OF THE COUNCIL ELLICOTT DISTRICT DARIUS G. PRIDGEN PRESIDENT PRO TEMPORE NIAGARA DISTRICT DAVID A. RIVERA MAJORITY LEADER MASTEN DISTRICT DEMONE A. SMITH DISTRICT COUNCIL MEMBERS RICHARD A. FONTANA - LOVEJOY DAVID A FRANCZYK - FILLMORE JOSEPH GOLOMBEK JR. — NORTH MICHAEL J. LO CURTO — DELAWARE RASHEED N.C. WYATT- UNIVERSITY CHRISTOPHER P. SCANLON -SOUTH REGULAR COMMITTEES CIVIL SERVICE COMMITTEE: Rasheed N.C. Wyatt - Chairman, Richard A. Fontana, David A. Rivera, Demone A. Smith- Members CLAIMS COMMITTEE: David A. Rivera Chairman, Joseph Golombek, Jr., Michael J. LoCurto, Rasheed N.C. Wyatt - Members COMMUNITY DEVELOPMENT COMMITTEE: Joseph Golombek, Jr., Michael J. LoCurto, David A. Rivera, -, Christopher P. Scanlon, Rasheed N.C. Wyatt - Members FINANCE COMMITTEE: Richard A. Fontana, Chairman, Michael J. LoCurto, David A. Rivera, , Demone A. Smith, Rasheed N.C. Wyatt- Members. LEGISLATION COMMITTEE: Christopher P. Scanlon, Chairman, David A. Franczyk, Joseph Golombek, Jr., David A. Rivera, Demone A. Smith, - Members. RULES COMMITTEE: Darius G. Pridgen, Chairman, David A. Rivera, Demone A. Smith - Members SPECIAL COMMITTEES BUDGET COMMITTEE: Demone A. Smith, Chairman, Joseph Golombek, Jr., David A. Rivera, Christopher P. Scanlon, - Members EDUCATION COMMITTEE: Demone Smith, Chairman, Joseph Golombek, Jr., , Christopher P. Scanlon, Rasheed N.C. Wyatt - Members MINORITY BUSINESS ENTERPRISE COMMITTEE: Demone Smith Chairman, Joseph Golombek Jr., David A. Rivera, Rasheed N.C. Wyatt— Members POLICE OVERSIGHT: Joseph Golombek, Jr., Chairman, David A Franczyk, David A. Rivera, Christopher P. Scanlon — Members PUBLIC TRANSPORTATION: Chairman, Christopher P. Scanlon, David A. Franczyk, Michael J. LoCurto, David A. Rivera, - Members WATERFRONT DEVELOPMENT COMMITTEE: Chairman, Christopher P. Scanlon, David A. Franczyk, Joseph Golombek, Jr., Demone A. Smith- Members INVOCATION PLEDGE TO FLAG DATE November 25, 2014 FINAL MAYOR 2362- A. Suspension of Parking Meter Enforcement0ll /28 /2014(Black Friday) APP MAYOR - EXECUTIVE 2363- 1. Pres Bd- Response Concerns Linwood Expansion LEG PUBLIC WORKS 2364- 2. Change in Contract Erie Basin Marina Hatch & Second Floor Phase II APP 2365- 3. Report of Bids 2015 Block Pruning APP 2366- 4. Appoint Recreation Instructor(Temp)(Max)(Rogers) CS 2367- 5. Appoint Supervisor of Street Sanitation(Prov)(Inter)(Ballo) CS PERMITS AND INSPECTIONS 2368- 6. Food Store (New) 2502 Bailey(Lov) APP W /COND 2369- 7. Food Store (New)/Restaurant Take -Out 577 Elmwood(Nia) APP 2370- 8. Food Store (New) 791 Tonawanda(North) LEG 2371- 9. Food Store (New) 224 Virginia St(Ell) LEG ADMINISTRATION AND FINANCE 2372- 10. First Quarter Gap 2014 -15 FIN COMMUNITY SERVICES 2373- 11. Acceptance of Donation - $25,000.00 APP BUFFALO URBAN RENEWAL AGENCY 2374- 12. Lease - American Youth Hostels, Inc. d/b /a Hostelling International, USA LEG CITY CLERK 2375- 13. City of Buffalo Limited Declaration of Emergency R &F 2376- 14. Leaves of Absence R &F 2377- 15. Liquor License Applications R &F 2378- 16. Reports of Attendance R &F 2379- 17. Notices of Appointments- Seasonal/Flat R &F 2380- 18. Notices of Appointments- Temp/Prov/Perm CS MISCELLANEOUS 2381- 19. P. Bogdan- Linwood Avenue Parking LEG 2382- 20. LP Ciminelli -Board Packet Documents November 2014 R &F 2383- 21. DEC -154 South Ogden St- Cleanup Action Completed R &F 2384- 22. J. Gorman & Others- Letters in Support of Linwood Expansion LEG 2385- 23. J. Massaro - Meeting Minutes -Bflo Fair Elections Committee LEG 2386- 24. J. Paul- Expansion of the Linwood Historic District LEG 2387- 25. T. Ross - Opposition to Expansion of the Linwood Historic District LEG 2388- 26. E. Simonick- Concerns Linwood Expansion LEG 2389- 27. R. Wyatt- Community Mtg to Address Plans for Former Budwey's Market CD 2390- 28. R. Wyatt- Support of Resolution Re Weekend Activity of Community Centers R &F PETITIONS 2391- 29. G. Alfieri, Owner, Use 253 Allen to Re- Establish a Restaurant/Bar in the Allen St Special District(hrg 12/02) LEG, CPBD 2392- 30. M. Yuhnke, Owner, Use 244 Allen for Expansion of Existing Restaurant into Adjacent Gallery Space also to Include Expansion of Existing Sidewalk Cafe in the Allen St. Special District(Fill)(hrg 12/02) LEG, CPBD 2393- 31. L. Spivey, Agent, Use 3172 Bailey to Open an Existing Restaurant In the Kensington/Bailey Special Zoning District(Univ)(hrg 12/02) LEG,CPBD 2394- 32. B. Bernatovicz, Agent, Use 2157 Main St. for a Freestanding Sign(Mas)(hrg 12/2) LEG,CPBD,ZONING 2395- 33. P. Strada, Agent, Use 515 Washington for a Pole Sign(no hrg)(Ell) LEG, CPBD 2396- 34. J. Maracle & O- Petition to Change Name of Squaw Island CD RESOLUTIONS 2419- 35. Golombek Approval to Lease 667 Main St American Youth Hostels, Inc. d/b /a Hostelling International, USA(Hrg 12/9/14) LEG 2420- 36. Golombek Set Public Hearing- Lease - American Youth Hostels, Inc. d/b /a Hostelling International, USA 667 Main St. ADOPT 2421- 36A. Golombek Waiver of Event Fees for Buffalo Citybration APP 2422- 37. LoCurto, etc Elmwood Ave Bridge Detours Over NY Rte 198 and Scajaquada Creek ADOPT 2423- 38. LoCurto, etc Maintenance of Shared Use Pathway on Elmwood Ave ADOPT 2424- 38A. Pridgen Appoint Marriage Offlcer(Golombek) ADOPT 2425- 38B. Pridgen Appoint Marriage Officer(Wyatt) ADOPT 2426- 39. Pridgen Request an Investigation into Stores Accepting Food Stamps for Prepared Foods ADOPT RES'S REM TO LEG 2427- 39A. Pridgen Request Corporation Counsel to Review the City Ord 511 -104 Pertaining to LED Signs ADOPT RES'S REM TO LEG 2428- 39AB Scanlon Support of the Neighborhood Housing Services of South Bflo, Inc's Better Buffalo Fund Application for the S Park Commercial Corridor ADOPT 2429- 39AC Scanlon Support of the Old I' Ward Community Assoc Inc's Better Buffalo Fund Application for the Seneca/Caz Commercial Corridor ADOPT 2430- 39AD Scanlon,etc Development of the Outer Harbor and Preserving Public Access ADOPT 2431- 39B. Smith Trailblazing Sign for Helen Brooks ADOPT 2432- 39C. Wyatt Daytime Curfew Ordinance ADOPT RES'S REM TO LEG 2433- 40. Wyatt Comm of Deeds -Public Duties ADOPT 2434- 41. Wyatt Comm of Deeds ADOPT TABLE ITEMS -- - - - - -- Review of 2006 Police Incident (CCP #2, SS 07/08/2014) SUBMISSION LIST OF COMMITTEE ITEMS FOR THE COUNCIL MEETINGS 14. CIVIL SERVICE Oct 28 LEGISLATION APP 2397- 1. 14 -2264 Com Nov 12 Appoint Assistant Auditor (Temp)(Inter)(Trigilio)(Compt) APP 2398- 2. 14 -2265 Com Nov 12 Appoint Data Control Clerk (Temp)(Inter)(Hinson)(Compt) APP 2399- 3. 14 -2285 Com Nov 12 Appoint Electrician (Prov)(Inter)(Kaiser)(PW) APP 2400- 4. 14 -2286 Com Nov 12 Appoint Equipment Operator(Prov)(11"' Step)(Perisco)(PW) APP 2401- 5. 14 -2287 Com Nov 12 Appoint Laborer II(Perm)(11"' Step)(Stief)(PW) APP 2402- 6. 14 -2288 Com Nov 12 Appoint Report Technician(Spanish Spkg) (2 Step)(Gonzalez)(Pol) APP 2403- 7. 14 -2299 Com Nov 12 Notices of Appointments- Temp/Prov/Perm(Cty Clk) R &F FINANCE 2404- 8. 14 -2320 No Nov 12 COMMUNITY DEVELOPMENT 2405- 9. 14 -2259 Com Nov 12 2406- 10. 14 -2266 Com Nov 12 2407- 11. 14 -2321 No Nov 12 2408- 12. 14 -2322 No Nov 12 2409- 13. 14 -2152 Com Oct 28 2410- 14. 14 -2235 No Oct 28 LEGISLATION APP 2411- 15. 14 -2289 Com Nov 12 2412- 16. 14 -2292 Com Nov 12 2413- 17. 14 -2306 No Nov 12 2414- 18. 14 -2307 No Nov 12 2415- 19. 14 -2308 No Nov 12 2416- 20. 14 -2312 No Nov 12 2417- 21. 14 -1466 Com July 8 2418- 22. 14 -564 Com Mar 18 Permission to Hire Consultant -Coca Cola Field Rehab (Amended)(PW)(# 14 -1715, 09/02) Report of Sale -405 Grider(Mas)((Strat Plan) RECOMMIT Agmt Btwn COB and Bflo PI for Contined and Increased Payments by City for Expanded Services by Bflo Pl(PW) APP Rescind Sale & Forfeit Deposit -1606 Jefferson(Mas)(Strat Plan) (#14-2151,10/28) RECOMMIT Transfer of 770 Ellicott, 225 and 252 Allen to the COB (Strat Plan)( #14 - 2156,10/28) APP Report of Sale -32 & 42 Edna(Ell)(Strat Plan) APP Report of Sale -369 E. Utica(Strat Plan)( #14 - 1701,09 /02) APP Food Store License(New) -1105 Broadway(Fill)(EDPI) APP Mobile Food Truck -67 Thornton (New)(Mas)(EDPI) APP McGuire Dev -Req Preliminary Layout Approval Pilgrim Village Residential Complex(08 /29/2014) RECOMMIT McGuire Dev- Request Site Plan Approval -Mixed Use Dev- Pilgrim Village Residential Project(09 /24/2014) RECOMMIT SEQR - Negative Declaration - Pilgrim Village RECOMMIT S. Alwishah, Owner, Use 1900 Hertel to Reopen a Takeout Restaurant in the Hertel Ave Special Zoning District(Univ)(hrg 11/18) APP Chicken License Application -515 Dartmouth(CtyClk) R &F Public Dance Hall 1210 Broadway(New)(EDPI) R &F CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO WEDNESDAY, NOVEMBER 25, 2014 AT 2:00 P.M. Present — Darius G. Pridgen, President of the Council, David A. Rivera, President ProTempore, and Councilmembers: Fontana, Franczyk, Golombek, LoCurto, Scanlon, Smith, Wyatt— 9 Absent - -- 0 On a motion by Mr. Smith, Seconded by Mr. Rivera, the minutes of the stated meeting held on November 12, 2014 were approved FROM THE MAYOR NO. 2362 SUSPENSION OF PARKING METER ENFORCEMENT ON FRIDAY, NOVEMBER 28, 2014 ( "BLACK FRIDAY ") In accordance with the City of Buffalo's traffic ordinances as contained in Chapter 479, Section 33(16), 1 hereby request Your Honorable Body authorize the suspension of all parking meter enforcement in the City on Friday, November 28, 2014 ( "Black Friday "). I firmly believe that this measure offers an excellent opportunity to drive increased business to stores and restaurants citywide and further promote our commercial districts and local businesses, while at the same time providing a significant benefit to the residents of the City of Buffalo. effort. Thank you for your consideration of this request, and for your anticipated support of this Mr. Smith moved: That the above item be, and the above communication from the Office of Mayor, dated November 25, 2014, be received and filed; and That the Common Council, in accordance with the City of Buffalo's traffic ordinance as contained in Chapter 479, Section 33(16), hereby authorizes the suspension of all parking meter enforcement in the City of Buffalo on Friday, November 28, 2014 ( "Black Friday "). PASSED AYES — 9 NOES - 0 FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE BUFFALO PRESERVATION BOARD NO. 2363 RESPONSE CONCERNS LINWOOD EXPANSION City of Buffalo BUFFALO PRESERVATION BOARD Byron W. Brown, Mayor Mr. Alex David P.O. Box 327 Lackawanna, NY 14218 Dear Mr. David, At the Buffalo Common Council Legislative Meeting Hearing on October 21 you voiced questions and concerns on what impact the expansion of the Linwood Preservation District may have on the properties you own on Linwood Avenue. I would be more than happy to discuss them with you at your convenience. I telephoned you recently, but would be happy to meet you in person. In the meantime I am also including some information we came up with that may answer some of your questions. I can be reached at 777 1760. Chair Buffalo Preservation Board LOCAL LANDMARKING AND THE HOMEOWNER A number of questions were asked at the recent Common Council Meeting regarding the effects that a landmarked district would have on the homeowner. When a property or district becomes a local landmark it becomes the responsibility of the Preservation Board to insure that the historic fabric of that property is maintained. While landmarking does restrict an owner from making certain changes to their property there is a considerable amount of flexibility permitted under statute. Landmarking has been shown to maintain and increase property values. A homeowner who has been diligent about maintaining their property can be assured their neighbors are held to the same standard and not make inappropriate changes that decrease value in the entire district. The Preservation Board reviews properties in the context of their present materials. They cannot compel an owner to revert back to "original" materials if they have already been altered. For instance if a house was built with a wood shingle roof that was replaced with an asphalt roof in 1970, the Preservation Board would not require a wood shingle roof be installed. The Preservation Board reviews changes to a property in relation to how it is viewed in "the public right of way ". The street facade of a house is going to be more strictly regulated than the rear facade that is not viewed by the public. If an owner wanted to change the original windows, front door, build an addition etc, the Board would be most concerned with the ones the public views. A question was asked if a front door could be removed and replaced with a larger one. If the new door were very similar in proportion and detail the board would most likely approve it. The board might also suggest that any new door be installed in the rear or the side of the house that was not visible by the public. The majority of projects that come before the Preservation Board are granted a "Certificate of No Effect" (CNE). A CNE is an administrative action, handled entirely by the staff that does not require the owner to present their project at a board meeting for approval. A CNE is issued for repairs or projects that replace "in kind" materials, i.e. a new asphalt roof that would replace an existing asphalt roof. Painting /color is not reviewed by the Preservation Board. For projects that an owner may need guidance we have on many occasions developed "design review committees" These committees are made up of 2 -3 board members who will meet the owner at their property and provide guidance, share ideas all in the interest of insuring a prompt and clear approval of the proposed work. REFERRED TO THE COMMITTEE ON LEGISLATION FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO. 2364 CHANGE IN CONTRACT ERIE BASIN MARINA HATCH & SECOND FLOOR PHASE 2 ITEM #7 OF CCP OF 10/29/13 1 hereby submit to Your Honorable Body the following change in Scope of Work for Erie Basin Marina, r4,toh & Second Floor, DiDonato Associates C #93001253. 1. Additional services required to accommodate the inclusion of a full kitchen on the ground floor. 2. Full permanent enclosure of the existing roofed patio. 3. One handicapped accessible toilet room and reorientation of the bar. These changes affect the architectural, structural, mechanical, electrical and plumbing design with additional work for the open air plaza /patio space to be added as an add alternate to the bid package. Additional services will include: Site Design Civil Engineering Design and Documents Structural Design and Drawing revisions Architectural Design and Drawings Revisions and Project Coordination MEP Design and Drawing Revisions Add $10,665.00 The foregoing changes result in a net increase in the contract of Ten Thousand Six Hundred Sixty -Five and 00/100 Dollars ($10,665.00). 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 accounts 35328206 - 445100 ($7,435.55) and 36328206- 445100 ($3,229.45) Buildings. Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works Parks and Streets, dated November 17, 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 $10,665.00 (Original Contract Amount $120,000.00 + Change Order #1 $10,665.00 for a Revised Contract Amount of $130,665.00 for the Erie Basin Marina, Hatch and Second Floor, to DiDonato Associates, C #93001253. Funding is available in Accounts #35328206 - 445100 and 36328206- 445100 - Buildings. PASSED AYES — 9 NOES - 0 NO. 2365 REPORT OF BIDS 2015 BLOCK PRUNING GROUP #811 1 advertised for on October 22, 2014 and received the following formal sealed bids for the 2015 Block Pruning, which were publicly opened and read on November 5, 2014. In obtaining these bids for the above mentioned project, I have asked for unit price covering the various items of work and material which will be performed. The final cost of the work will be based on the actual measured quantities of materials entering into the work and may be either more or less than the total bid. The Following Bids Were Received Total Bid Tree Services of WNY, Inc $94,239.00 41 William Street Tonawanda, NY 14150 Schneck's Tree Removal, Inc. $99,292.00 2861 Southwestern Blvd. Orchard Park, NY 14127 Tree Care of NY $119,600.00 11493 Broadway Lancaster, NY 14004 hereby certify that.the foregoing is a true and correct statement of all bids received and that Tree Services of WNY, Inc. is the lowest responsible bidder. I respectfully recommend a contract award in the amount of $111,000.00 based on increasing the quantity of work to the amount available in the budget. Funds for this contract are available in 14570006 - 480000 and /or 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 November 18, 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 2015 Block Pruning with Tree Services of WNY, Inc., with a total bid of $94,239.00. Funding for this contract is available in Account #14570006 - 480000 and /or an account(s) to be named at a later date. PASSED AYES — 9 NOES - 0 NO. 2366 APPPOINT RECREATION INSTRUCTOR(TEMP)(MAX)(ROGERS) Appointment effective, 11/10/2014 in the Department of Public Works, Parks and Streets, Division of Parks to the Position of Recreation Instructor, Temporary at the Maximum Salary of $38,280.00 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 2367 APPOINT SUPERVISOR OF STREET SANITATION I(PROV)(INTER)(BALLO) Appointment effective 11 /10/2014 in the Department of Public Works, Parks and Streets to the Position of Supervisor of Street Sanitation I, Provisional at the Intermediate Salary of $39,010 Antonio Ballo, 309 Ideal St, Buffalo, NY 14206 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT & INSPECTION SERVICES NO. 2368 FOOD STORE (NEW) 2602 BAILEY (LOVE JOY) 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 2502 BAILEY AVE (MOHAMED ABDULLA /NYC 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. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Department of Permits and Inspection Services, dated November 13, 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 Mohamed Abdulla d /b /a NYC Market located at 2502 upon the following condition: No sale of drug paraphernalia, including, but not limited to, glass test tubes, glass pipes, glass pens, or "Chore Boy" scour pads. PASSED AYES — 9 NOES — 0 NO. 2369 FOOD STORE (NEW) / RESTAURANT TAKE OUT 677 ELMWOOD (NIAGARA) 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 /Restaurant Take Out located 577 Elmwood (James Newman /Mobil Mart #206 - James Newman /Tim Hortons #5712) and find that as to form is correct: I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collections Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Department of Permits and Inspection Services, dated November 13, 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 James Newman d /b /a Mobil Mart #206 - James Newman /Tim Hortons #5712 located at 577 Elmwood Avenue. PASSED AYES — 9 NOES — 0 NO. 2370 FOOD STORE (NEW) 791 TONAWANDA (NORTH) Pursuant to Chapter 194 of The City of Buffalo Ordinances, please be advised that I have examined the attached application for a Fond Store License located 791 TONAWANDA (ABDULKADIR IBRAHIM HUSSEIN /FATAH VARIETY STORE.) 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. 2371 FOOD STORE (NEW) 224 VIRGINIA ST (ELLICOTT) Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located 224 VIRGINIA ST (AMIN ALI /VIRGINIA FOOD 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 FROM THE COMMISSIONER OF ADMINISTRATION, FINANCE, POLICY & URBAN AFFAIRS NO. 2372 FIRST QUARTER GAP 2014 -2016 Attached is the First Q Gap 2014 -2015. Due to the fact that it is still early in the fiscal year, our projections are conservative and close to budget. The year is projected to end with favorable results. Revenues that have previously trended downward, unfortunately continue in that direction, such as Gross Receipts Tax. Final approval of the budgetary revenue increases, delayed the implementation and these revenues should show an increase in the next quarter, The revenues that would be impacted are parking rates and some permit fees. There is a year -to -date savings in personal services. The largest savings is due to the delay in hiring a Fire or Police class during the summer. These hires are anticipated in early calendar year 2015. Copy available for review in the City Clerk's Office REFERRED TO THE COMMITTEE ON FINANCE FROM THE COMMISSIONER OF COMMUNITY SERVICES & RECREATIONAL PROGRAMMING NO. 2373 ACCEPTANCE OF DONATION TOTAL COST $25,000 The Department of Community Services, Division for Youth Services has been awarded a donation from the US Drug Enforcement Administration's Cops and Kids Grant to pay for trainers in the Game Changers Program in the amount of $15,000. The Game Changers Program is a free intense 26 week life skills and basketball skills training program for children ages 10 -18 that will be run at the Belle Center and the Delavan - Grider Community Center. The Department of Community Services will also receive $10,000 in asset forfeiture money from The High Intensity Drug Trafficking Area program (HIDTA) to pay for the training equipment needed for the Game Changers Program. This generous donation will help to cover the costs associated with the event. Please approve the acceptance of this donation. Mr. Smith moved: That the above item be, and the above communication from the Deputy Commissioner of the Department of Community Services and Recreational Programming dated November 14, 2014, be received and filed; and That the Common Council hereby authorizes the Department of Community Services and Recreational Programming, Division for Youth Services to accept a grant in the amount of $15,000.00 for the US Drug Enforcement Administration's Cops and Kids Grant to pay for trainers in the Game Changers Program; and that the Common Council hereby authorizes the Department of Community Services and Recreational Programming to accept $10,000.00 in asset forfeiture money from The High Intensity Drug Trafficking Area program (HIDTA) to pay for the training equipment needed for the Game Changers Program. PASSED AYES — 9 NOES — 0 FROM THE BUFFALO URBAN RENEWAL AGENCY NO. 2374 LEASE - AMERICAN YOUTH HOSTELS, INC. D /B /A HOSTELLING INTERNATIONAL, USA ( "HOSTEL ") This item is a request for authorization for the Buffalo Urban Renewal Agency (BURA) to consent to the termination of the existing lease at premises located at 667 Main Street (leased premises) and /or assignment of the lease to a new tenant, American Youth Hostels, Inc. d /b /a Hostelling International - USA ( "HI- USA ") and the negotiation and execution of a new lease between BURA and HI -USA. By the terms of the existing lease, there is a unilateral right held by the Lessee to a third extension of five (5) years. Concurrent with the assignment to HI -USA, the lease would be modified from a unilateral right to the third extension to an option for two five (5) year extensions by consent of both parties. The initial lease term will be for four (4) years. By the terms of the existing lease, the rent is defined as fifty percent (50 %) of the net cash flow (as defined in the lease). Due to the change in lessee and changes to the business model by which the Hostel will be run by HI -USA, the lease payments will be modified to a fixed rental rate of $1,407.00 monthly. The modification of the rental payment shall result in an increase of net rental payments of an average of $2,000.00 annually. The new lease will include a right of first refusal and also include BURA's ability to terminate the lease with a six month written notice in order to protect BURA's ability to sell the property for future development. The BURA Board previously approved this lease at its meeting on October 23, 2014. Please be advised that in accordance with the provisions of Article 15A of the General Municipal Law, it is now necessary for your Honorable Body to set a date for a public hearing, and to direct the publication of a notice of said hearing. In the interest of time and anticipating that Your Honorable Body is willing to expedite this matter, I have taken the liberty to prepare a Resolution together with a Notice of Public Hearing for your action. Forwarded separately are the following documents: 1. Resolution setting Public Hearing 2. Notice of Public Hearing 3. Resolution approving proposed Lease Agreement After the Public Hearing is held, Your Honorable Body may adopt a Resolution authorizing the disposition of land. REFERRED TO THE COMMITTEE ON LEGISLATION FROM THE CITY CLERK NO. 2375 CITY OF BUFFALO LIMITED DECLARATION OF EMERGENCY. Dear City Clerk Chwalinski; Enclosed for filing please find an original and three copies of the Limited Declaration of Emergency executed by the Mayor of the City of Buffalo pursuant to Section 24(3) of the NYS Executive Law on this the 18th day of November, 2014. Thank you for your attention to this matter. Should you have any questions or concerns, please do not hesitate to contact the undersigned directly at (716) 851 -4334. CITY OF BUFFALO BYRON W. BROWN MAYOR DECLARATION OF LIMITED STATE OF EMERGENCY I, Byron W. Brown, Mayor of the City of Buffalo, hereby declare a limited State of Emergency in the City of Buffalo beginning on the 18 day of November, 2014 pursuant to the powers vested in me under Section 24 of the New York State Executive Law to preserve [he public safety and to render all required and available assistance vital to the security, well -being and health of the citizens of the City of Buffalo. This limited State of Emergency has been declared due to hazardous conditions created by Lake Effect Snow which began on November 18, 2014. This State of Emergency is limited to South Buffalo, specifically all points South of Clinton Street in the City of Buffalo. These conditions continue to threaten the public safety. This limited State of Emergency will remain in effect until rescinded by a subsequent order or :suspended by operation of law. I hereby further direct all departments and agencies of the City of Buffalo to take whatever steps are necessary to protect life and property, public infrastructure, and provide such emergency assistance deemed necessary. I further direct that this limited emergency declaration be filed with the Office of the City Clerk, the County Clerk, the Secretary of State and the State Office of Emergency Management within the Division of Homeland Security and Emergency Services. RECEIVED AND FILED NO. 2376 LEAVES OF ABSENCE WITHOUT PAY I transmit herewith notifications received by me, reporting the granting of the leaves of absence without pay, in the various departments as listed: Police- Nicholas Skalski. Edward Housler. Michael Towns. Tracie Reid. Sharon Anderson. Abigail Rodrigues. RECEIVED AND FILED. NO. 2377 LIQUOR LICENSE APPLICATIONS Attached hereto are communications from persons applying for liquor licenses from the New York State Division of Alcohol Address Business Name Owner's Name 1322 Hertel Avenue Joe's Deli Joe's NY Deli LLC 437 Ellicott St Toutant Toutant LLC 55 E Huron St Big Ditch Brewing Co Big Ditch Brewing Company LLC RECEIVED AND FILED NO. 2378 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: x Buffalo Sewer Authority RECEIVED AND FILED NO. 2379 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 11/10/2014 in the Department of Public Works, Parks and Streets, Division of Buildings Position of Laborer 11, Seasonal at the Flat Salary of $12.66/hr Katalin Szabo, 679 Tonawanda St, Buffalo, NY 14207 NO. 2380 APPOINTMENTS - TEMPORARY /PROVISIONAL OR PERMANENT I herby 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 11/07/2014 in the Department of Public Works, Parks and Streets, Division of Buildings to the Position of Sr. 1 sc Class Stationary Engineer, Temporary at the Flat Salary of $15.00 /hr Omar Reese, 206 Mulberry St, Buffalo, NY 14204 CERTIFICATE OF APPOINTMENT Appointment effective November 17, 2014 in the Department of Community Services, Division of Senior Services to the Position of Senior Citizen Specialist, Permanent at the minimum salary of $33,303.00 Kerry L. Saunders, 250 Millicent, Buffalo, NY 14215 NON - OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON - OFFICIAL COMMUNICATIONS NO. 2381 P. BOGDEN - LINWOOD AVENUE PARKING Dear Councilman Pridgen I have sat back for several days to think through my response to this email. Let me start by saying that Miss Tucker has been a great help, acting as a constituent champion. However, it appears that she is being given the run around from the head' of parking enforcement. I have not asked for a change in parking. There may be a perfectly logical reason, about which I am unaware, that we have non - standard parking regulations and are targeted by Parking Enforcement, on daily basis, Monday- Friday. Until there is an understanding of the current situation, it would not be prudent to ask for a change. So I continue to ask for answers to my original 3 questions and the 2 that arose subsequent to my first email, dated 13 August 2014. For your convenience, the body of both email are contained below. Patiently awaiting answers Paula Bogdan E -mail # -1 I have been a home owner on Linwood Avenue for nine years. I have questions regarding the parking regulations on the street. Most streets in the city of Buffalo have alternate side parking, generally Wednesday to Sunday and Sunday to Wednesday, primarily to allow for more efficient snow removal in the winter months. Linwood Avenue alternate side parking is strictly during the business week, Monday through Friday, and only from 6 p.m. to 11 pm. Additionally, at precisely 6:01 pm, every Monday through Friday, without exception, a Parking Enforcement vehicle starts at the foot of Linwood and drives north, ticketing every vehicle in violation. While one might commend efficiency, I know of no other street in the city with this alternate parking schedule and know of no other street in the city that is visited by parking enforcement almost as often as it is visited by our postal carrier It surely appears that the residents and guests of Linwood Avenue are being targeted. 1 Why is there a non - standard parking protocol on Linwood Avenue? 2. Why, in a 42 square mile city, is Parking Enforcement on one street EVERY evening - 3. What can be done to remedy this situation? (day ticketing) E -mail #2 Subsequent to my email regarding ticketing on Linwood Avenue, I have experienced another troubling issue with parking violations in the City of Buffalo. I recently attended a breakfast meeting at a restaurant on Elmwood Avenue. It was a committee meeting for a fund raising event for a church on the east side of Buffalo. Street parking for a two block radius was full. I parked off street in a lot adjacent to the J.P. Bullfeather's restaurant. I returned to my vehicle at 9:45am to find a bright orange Parking Violations Bureau envelope tucked under my wind shield wiper. A scan of the ticket is attached. I was taken at aback to see — $50 city parking ticket on my vehicle. There seems to be something very wrong with this scenario I would like to have answers to the following questions: 1. If the parking lot adjacent to the J P Bullfeather s restaurant —s the domain of the City of Buffalo - $50 ticket issued by the City of Buffalo, Why JS this lot not available for Parking When patronizing Elmwood Avenue businesses other than Bu feather's? 2. If the parking lot adjacent to J.P Bullfeather's restaurant is NOT in the domain of the City of Buffalo, Why are tax dollars (City Parking Enforcement) being used to police" a privately owned lot? As an additional rub. J.P. Bullfeather's does not open for business until 11 a.rn The ticket was issued at 9:25a. m. Emailed Ms, Bogdan, that per Eric Schmarder, Streets department, the residents can take up a petition regarding the removal of the 6 -11 pm parking on October 22, 2014 —This would help them in Ms. Bogdan,was also emailed to send the citation or plate numbers [o our office to forward to parking for further investigation if parkin is on their street every evening. To date. she has not provided the information. REFERRED TO THE COMMMITTEE ON LEGISLATION NO. 2382 LP CIMINELLI -BOARD PACKET DOCUMENTS NOVEMBER 2014 MEMORANDUM Deputy City Clerk Gerald Chwalinski Program Packaging and Development Services (PPDS) Provider November 4, 2014 Board Packet Documents he following documents from the Joint Schools Construction Board meeting scheduled on November 3, 2014: 1 Agenda 2. Meeting Minutes from JSCB Meeting dated October 6, 2014 3. Phase III Application and Certificate for Payment No. 67R- October 2014 4. Phase V Application and Certificate for Payment No. 56 - October 2014 5. Program Packaging and Development Services (PPDS) Provider Update 6, Compliance & Administrative Services of New York Compliance Monitoring Monthly Report. for Phase V Final Closeout Projects - October 2014 7. Inclusion Development Associates, Inc. Construction Contract Compliance Monitoring Monthly Report for Phase III Change Order #1 - September 2014 RECEIVED AND FLED NO. 2383 DEC -154 SOUTH OGDEN ST- CLEANUP ACTION COMPLETED Item available for review in The City Clerk's Office RECEIVED AND FILED NO. 2384 J. GORMAN & OTHERS - LETTERS IN SUPPORT OF LINWOOD EXPANSION Gerald A. Chwalinski City Clerk 65 Niagara Square Room 1308 City Hall Buffalo, NY 14209 Dear Council Members, I am writing you today to request your support of the Linwood Avenue Historic District Extension which has already garnered strong support by LOCAL home owners. Public historic advocacy groups such as Preservation Buffalo- Niagara, investors and business persons such as Sinatra Real Estate who is restoring the Main StreetM/est Ferry corner and T.M. Montante, presently re- envisioning Gates Circle, have also supported the Extension. All of us have recognized the importance and added value of uniting our Avenue through this Extension to fully protect and reflect its historic character and viability. This neighborhood we call 'home' is one that nurtures all social, economic, ethnic and belief systems. We are home to Compass House, a safe haven for run -away and homeless teens. We have housing that spans the spectrum of subsidized homes for the elderly and our veterans to the envisioned luxury housing proposed by Canterbury Woods at Gates Circle. We are neighbors to a multitude of social service agencies and the burgeoning opportunities made available by proximity to the Buffalo Medical corridor. We hold part of the story of some of Buffalo's most prominent citizens and their vision of what our City could become- of what it is becoming again. We see the impact historic designation carries as homes south of West Ferry are able to take advantage of the benefits offered by this designation versus those further north that do not have the same opportunity. The story of Buffalo is worth preserving for this and future generations; we need your help in gaining the tools to do so. On behalf of building a better, stronger City and society from the grass -roots up, I am appealing to you for your support of the Linwood Avenue Historic District Extension. Sincerely, Rest available for review in the City Clerk's Office REFERRED TO THE COMMITTEE LEGISLATION NO. 2385 J. MASSARO- MEETING MINUTES -BFLO FAIR ELECTIONS COMMITTEE Idi1611[ /fC! Meeting convened at 4:30 PM by Megan Connelly, Co -Chair Present J. Massaro, E. Kennedy, M. Connetly, K. Hunter, R. Galbraith, B. Nowak, M. Raleigh, J. Rose Minutes from 10/27/14 approved as written. Report: R. Galbraith What does it cost to run for elective office in Buffalo? Rob investigated campaign spending for Buffalo Mayor (covering elections 2005, 2009, and 2013) and various Council District races. He averaged the amounts to discern a spending pattern. No clear picture emerged. Amounts varied dramatically. In addition, some council district races had no opposition. Most competitive races occur in the primary election. Rob will continue to research the issue. Discussion of Proposals for Committee Vote 1. Thresholds for Candidate Eligibility The proposal for Thresholds for Candidate eligibility was approved as amended. (changes in bold) Candidates for City of buffalo elected positions must meet the following thresholds in order to be eligible for fair Elections Matching Funds: • Common Council - A minimum of 40 people registered to vote' from within the Council District must contribute a —i0 minimum donation • Mayor- A minimum of 120 people registered to vote in the City of Buffalo must contribute a $10 minimum donation • Comptroller- A minimum of 80 people registered to vote in the City of Buffalo must contribute a —10 minimum donation minimum donation 'Restricting the number of donors to registered voters decreases the donor pool, but makes the program easier to administer. 2. Size of Match The proposal on the size of the match was approved as amended. (changes in bold) Contributions of up to $100 to candidates participating in the Fair Elections Matching Fund shall be matched on a six to one basis. If an eligible person contributes $100, six times that amount in matching funds will be awarded to the candidate, or $600. The total benefit of the contribution to the candidate's campaign, including the original amount plus the match, would be $700. In a similar manner, a $10 contribution would receive a $60 match with a $70 total benefit to the campaign. 3. Eligible Contributions Proposal on Eligible Contributions was approved as amended. (Change in bold) Only contributions of up to $100 from natural persons registered to vote within the district in question will be matched. Contributions from corporations, LLC's, Political Action Committees, and other organizations will not be matched. Old Business Janet called and wrote to Councilman Golombek requesting that he speak with the mayor about having a representative from the Budget Department attend the Committee meetings. No answer has yet been received. Upon reconsideration of this request, a motion was made and approved that the three Chairs of the Committee meet with Councilman Golombek about having a representative from the Mayor's Budget Department attend Committee meetings when the subject of funding is on the agenda. Janet will contact Golombek's office with this amended request. New Business The next Conference Call will be on November 25, 2024 at 4:30 PM. Dial: (559) 726 -1300, Code: 178297# The next Committee meeting will be held December 15, 2014 at 4:30 PM in Conference Room 1417, City Hall. Questions for discussion on Conference Call and at December 15 meeting 1. Contributions and Spending Limits 2. Corporate Contributions 3. Thresholds for Board of Education candidates Meeting adjourned at 6 PM Submitted, Janet Massaro, Co- Chair, Recorder REFERRED TO THE COMMITTEE ON LEGISLATION. NO. 2386 J. PAUL - EXPANSION OF THE LINWOOD HISTORIC DISTRICT (CCP ITEM # 19 OCT 21) Council President Pridgen: Per your request on October 21, 2014, you requested the Common Council Staff office to contact the Linwood Avenue homeowners affected by the Linwood Avenue Historic District Expansion. You asked that the homeowners be contacted to offer their opinion on the expansion. Our office proceeded to call the homeowners, however, due to disconnects and incorrect numbers we were not successful. Our next attempt was to mail out letters to the homeowners and asked that they contact the Council Staff office by phone or email to voice their concern. The following is a break -down of our results: 80 letters were sent to home - owners 16 letters were returned - possibly out -of -state homeowners, etc. As of November 19, 2014 Council Staff has received a total of 24 responses via emails, letters, & phone calls, the breakdown is as follows: "For" the expansion 11 "Against" the expansion 13 The Council Staff office will continue to keep a record of all incoming responses, and will forward all responses to your office. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 2387 T. ROSS- OPPOSITION TO EXPANSION OF THE LINWOOD AVENUE HISTORIC PRESERVATION DISTRICT Dear Common Council Members. I am sending you this letter regarding my continued opposition to the expansion of the Linwood Historic District as proposed and approved by the Preservation Board and submitted to the Buffalo Common Council for a vote. I initially stated my opposition at the Preservation Board meeting in early September, 2014. Nevertheless, the proposal was approved by that Board and thereafter submitted to this Council. I continued voicing my opposition to this proposal in a letter to Council President Pridgen on September 23, 2014 and orally at the Council meeting held on October 21, 2014. Since that time I have reviewed, in detail, the application in support of this proposal dated September 8, 2014, and I have spoken to individuals I know who live, or have lived, in historic preservation districts in the City of Buffalo. In addition, I had a personal meeting with Tim Tielman, the Executive Director of Campaign for Greater Buffalo, and have reviewed the paperwork he provided to me regarding historic preservation districts. Neither my research or my personal conversations changed my position or belief that this proposal should be denied. Rather, my position is reaffirmed that this area should not be designated a historical district because there is little historical value in the approximately 90 properties that would be included. Furthermore, the former Millard Fillmore Hospital has some historic significance yet is not included in the proposal. The rational for my opposition to the approval of this proposal are as follows. RIGHTS AS A PROPERTY OWNER First, as I stated in my letter of September 23, 2014, when I purchased my house on Linwood Avenue in 1997, 1 made sure that we were purchasing a house outside the preservation district as I had no desire to live in a preservation district and be subjected to the rules and regulations that come with living in such. I purchased the house only after learning it was not in the preservation area of Unwood Avenue. Now, 17 years later, to take away my right, which I bargained for when I purchased the property, to live outside of a preservation district by designating it as such would be an arbitrary and capricious violation of my rights as a property owner. Because I never intended to, and indeed, took steps to own property outside a preservation district, placing the property I now own, and have owned for 17 years, inside a preservation district would violate my due process rights as a property owner, which is a Constitutional violation. It would be unjust and inequitable to change my right as a property owner by adding additional regulations 17 years after purchase and without my consent to do so. HISTORY OF THE LINWOOD AVENUE PRESERVATION DISTRICT There has been no explanation offered regarding why this area of Unwood was not included in the original historic district when it was established on October 17, 1978, approximately 36 years. It is possible that it was excluded because this area did not have the historical significance that the other parts of Linwood have. Indeed, a review of the Preservations Board's application supports this assumption, as discussed further below. Alternatively, 36 years later, if any of the homes being considered for inclusion had historical significance most of the homes now being considered for inclusion in the preservation district have long since lost any historical value or significance. Many have been converted into rental properties and many others were demolished to make parking for the former Millard Fillmore Hospital. While there may be a few isolate properties that still have some historic preservation value, the number of properties that no longer have historic significance far out number those which might. This significant change to the area over the last 36 years makes the expansion of the preservation district a farce. Indeed, the Preservation Board's application listed and provided photographs of 18 properties in its application. However, there are approximately 90 properties that would be affected if this application passes by Council vote. Thus, there are approximately 70 properties that would be pulled into a preservation district that have little or no historic significance, including the one that I own. MOST PROPERTIES IN THE AREA LACK CULTURAL SIGNIFICANCE /NOTABLE RESIDEN I S Furthermore, a review of the application, at page 3, under the heading of "Cultural Significance" refers to what it calls "notable residences ". Upon close review it is clear that the definition is quite different from what most would consider notable. Indeed, a cashier at a railroad depot, a pressroom foreman, and two lawyers are not what most would consider notable. This section was stretched in a failed attempt to make that section of the application work. In addition, even if all of the former residence listed were truly notable, there are only six "notable residence" listed in this section, and only two houses listed that were built by a notable architect, out of the approximately 90 properties that would be affected by this designation. EXEMPTION FROM DESIGNATION BY CORPORATE NEIGHBOR Another factor that the Council should take into consideration is the fact that the "corporate" neighbor in the proposed area, the former Millard Fillmore Hospital, scheduled to be converted into a long term elder care facility, is exempt from this proposed expansion. However, portions of that facility, including the former Nursing School, has historic significance, using the terminology and definition used by the Preservation Board. Furthermore, in its application, at page , it states Incorporated Into the architecture of the Gates Circle complex is what may be the 3• only homeopathic hospital in the country designed in the Spanish Colonial style." It is offensive that individual properties, which may not have historic significance, and therefore individual property owners, should be subject to the rules and regulations of the preservation board should this proposal pass and the corporate neighbor, which has historic significance as deemed in the application, be exempt from the same rules and regulations while nevertheless being part of the expansion area. From an equity and fairness position, this just does not make sense and violates the rights of the individual property owners while allowing a corporate entity to maintain its property rights without Preservation Board over site. When I asked if my property could opt out of this designation I was told no because doing so would be "arbitrary and capricious ". In that same logic I submit that allowing the corporate property to be exempt from this designation while others are not allowed to do the same is arbitrary and capricious. Simply put, the Preservation Board cannot have it both ways, allowing properties with little to no historic significance to be included even when the owners would rather opt out of the designation and yet allowing a property with historic significance, as stated in the application, to not be included in the designation. CONCLUSION For the reasons stated above, I strongly oppose approval of this proposal and find the reasons to expand the Linwood Avenue historic district as faulty, arbitrary and capricious. I do not want additional regulations and restrictions placed upon me as a property owner and to do so 17 years after I have purchased property would amount to a violation of my due process rights as a property owner. Should the Council vote to approve this designation and I am unable to opt out of the designation, I plan to do what is necessary to preserve my doubts, including litigation of the issue in an Article 78 proceeding or in federal court for a violation of my Constitutional rights. I would hope that as Council members, and as individual property owns in the City, you would understand and support my, and others neighbors who are against this expansion area proposal, and vote no on tills proposal. Thank you for your time and consideration with this matter. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 2388 E. SIMONICK- CONCERNS LINWOOD EXPANSION As the owner of three (3) properties on Linwood Avenue, please note that = I have concerns over the Linwood Preservation District and Friends = intention to expand. The properties I refer to are 689 693 and 697 in the last block of Linwood Avenue between Lafayette and West Delavan. I also have concerns regardin the future of what was the site of Millard Fillmore Gates Hospital. is that address 3 Gates Circle, Buffalo, New York, 14209? Can you please be sure to include me in all future correspondence regardin these developments. My mailing address is 433 West 34th St. Apt 13B New York, NY 14209 REFERRED TO THE COMMITTEE ON LEGISLATION NO. 2389 R. WYATT- COMMUNITY MTG TO ADDRESS PLANS FOR FORMER BUDWEYS MARKET To The City of Buffalo Common Council: A community meeting was held on Thursday, November 13, 2014 at Gloria J. t � Parks Community Center. This meeting was to address the plans for the site of the former Budwey's Market. Attached are emails sent to my office from University District constituents with their concerns. Yours truly, University District Councilmember Available for review in The City Clerk's Office REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 2390 R. WYATT- SUPPORT OF RESOLUTION RE WEEKEND ACTIVITY OF COMMUNITY CENTERS Thursday, November 13, 3014 All Buffalo City Common Council Members Council Member Rasheed N.C. Wyatt Resolution 59AB; Urge the City of Buffalo Dept. of Parks and Recreation to Consider Instituting Weekend Hours at City Community Centers During Winter Months Dear Colleagues, Please accept this memo in support of Council Member Chris Scanlon's resolution regarding weekend activity of Community Centers for youth throughout the City. This is a very important issue to keep youth engaged and active within positive venues that will in turn, help them gain exposure to positive role models and activities. RECEIVED AND FILED PETITIONS NO. 2391 G. ALFIERI, OWNER, USE 253 ALLEN TO RE- ESTABLISH RESTAURANT /BAR IN THE ALLEN STREET SPECIAL DISTRICT (FILL)(, HRG 12/2) REFERRED TO THI: COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 2392 M. YUHNKE, OWNER, USE 244 ALLEN FOR EXPANSION OF EXISTING RESTAURANT INTO ADJACENT GALLERY SPACE ALSO TO INCLUDE EXPANSION OF EXISTING SIDEWALK CARE IN THE ALLEN STREET SPECIAL DISTRICT (FILL) HRG 12/2) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 2393 L. SPIVEY, AGENT, USE 3172 BAILEY TO OPEN AN EXISTING RESTAURANT IN THE KENSINGTON/ BAILEY SPECIAL ZONING DISTRICT (UNIV)(HRG 12/2) REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE ZONING BOARD OF APPEALS 2394 B. BERNATOVICZ, AGENT, USE 2157 MAIN ST FOR A FREESTANDING SUGN(MAS)(HRG 12/2) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD 2395 P. STRADA, AGENT, USE 515 WASHINGTON FOR A POLE SIGN(NO HRG)(ELL) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 2396 J. MARACLE & O- PETITION TO CHANGE NAME OF SQUAW ISLAND Expletives redacted - Original on file in the City Clerk's Office To'. Buffalo Common Council Councilman Joseph Golombek Jr. From: Jodi Lynn Maracle 363 Norwood Ave Apt. 3 Buffalo, NY 14222 November 19, 2014 Councilman Golombek and Councilmembers of the Buffalo Common Council, I am writing today to bring to your attention the racist, sexist and embarrassing name of one of Buffalo's beautiful parks -Squaw Island Park. It is embarrassing and reprehensible that the Queen City, the City of Good Neighbors, Buffalo, NY, would continue to use such an antiquated, racist and sexist term to describe one of her beautiful parks. Located in the Black Rock neighborhood of Buffalo, NY, Squaw Island Park has been called such since at least 1813 - the earliest reference to the island by that name found on a map of the Black Rock area dated July 1813. Once called Dedyo'wenoguhdoh meaning "divided island" in the Seneca language, this beautiful island served as an important contact point during the Underground Railroad given its proximity to Canada. While this island represented respect, hope and possibility for all human beings, her current name suggests otherwise. The term "squaw" is a disparaging and offensive racial slur used in reference to Native women akin to the English word It dehumanizes and objectifies Native women and disrespects women everywhere. Though the "skwg' sound in Algonquian languages signifies woman, girl, female or something feminine, it is anything but respectful. This word squaw is related to the Mohawk word for a woman's genitals. Settlers appropriated and perverted this word, equating women with their genitals. It became the word used to reference and dehumanize women, especially Native women by labeling them with an ignorant, wild, sexually violable stereotype - a stereotype that continues well into today. As Buffalo gains more press as a city on the rise, it is of the utmost importance that we honor all current and future residents of this rust belt beauty by changing the name of Squaw Island Park and make this much beloved park among the many geographic locations across the U.S. that have already done away with this offensive term in their title. I suggest a return to this island's original name- Dedyo'wenoguhdoh- a descriptive term that acknowledges the past and current presence of the original peoples of Western New York, the citizens of the Seneca nation. Unless we do So, Buffalo cannot truly call herself the City of Good Neighbors. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT REGULAR COMMITTEES CIVIL SERVICE (RASHEED N.C. WYATT, CHAIRPERSON) NO. 2397 APPOINT ASSISTANT AUDITOR (TRIGILIO)(Inter)(TEMP)(COMPT) CCP# 2264,14-11/12 Mr. Wyatt moved: That Communication 2264 of Nov 12, 2014, be received and filed and that the Temporary Appointment of Approved Nicholas Trigilio„ 41 Duluth Ave, Buffalo, NY 14216 at the Intermediate Salary of $40,625.00 is hereby PASSED AYES -9 NOES -0 NO. 2398 APPOINT DATA CONTROL CLERK (INTER)(HINSON)(TEMP)(COMPT) CCP# 2265, 14 -11/12 Mr. Wyatt moved: That Communication 2265 of Nov 12, 2014. be received and filed and that the Temporary Appointment of Lori E. Hinson, 283 Norwood Ave. Upper, Buffalo, NY 14222 at the Intermediate Salary of $34,276.00 is hereby approved. PASSED AYES- 9 NOES- 3 NO. 2399 APPOINT ELECTRICIAN (INTER)(KAISER)(PROV)(PW) CCP# 2285, 14 -11/12 Mr. Wyatt moved: That Communication 2285 of Nov 12, 2014, be received and filed and that the Provisional Appointment of John R. Kaiser,24 Parkview Ave, Buffalo, NY 142 10 at the Intermediate Salary of $27,031.00 is hereby approved. PASSED AYES -9 NOES -0 NO. 2400 APPOINT EQUIPMENT OPERATOR(1 LTH)(PERISEO)(PROV)(PW) CCP# 2286, 14 -11/12 Mr. Wyatt moved: That Communication 2286 of Nov 12, 2014, be received and filed and that the Provisional Appointment of Salvatore Perisco, 536 Linden Ave, Buffalo, NY 14216 at the 11 th Step of $23,553.00 is hereby approved. PASSED AYES -9 NOES -0 NO. 2401 APPOINT LABORER II (11TH)(STIEF(PERM)(PW) CCP# 2287 14 -11/12 Mr. Wyatt moved: That Communication 2287 of Nov 12, 2014, be received and filed and that the Permanent Appointment of William Stief, 2 Olga PI, Buffalo. NY 14206, at the 11 th Step of $23,553.00 is hereby approved. PASSED AYES - 9 NOES — 0 NO. 2402 APPOINT REPORT TECHNICIAN(SPANISH SPEAKING)(2.A STEP)(GONZALEZ)(POL) CCP# 2288 14 -11/12 Mr. Wyatt moved: That Communication 2288 of Nov 12, 2014, be received and filed and that the Permanent Appointment of Jennifer Gonzalez. 100 7 t- St, Buffalo, NY 14201, at the 2nd Step of $33,578.00 is hereby approved. PASSED AYES — 9 NOES - 0 2403 NOTICES OF APPOINTMENTS - TEMP /PROV /PERM(CTY CLERK) (CCP# 2299, 11/12) Mr. Wyatt moved: That the above item be the same and hereby is Received and Filed ADOPTED FINANCE (RICHARD A. FONTANA CHAIRMAN) NO. 2404 PERMISSION TO HIRE CONSULTANT - COCA COLA FIELD REHABILITATION (ELL)(DPW) (ITEM NO. 2320, C.C.P., NOV. 12, 2014) Mr. Fontana moved: That the above item be, and the same hereby is, returned to the Common Council with a recommendation for approval; That the Common Council hereby authorizes the Department of Public Works, Parks and Streets to hire Cannon Design as a consultant to provide architectural /engineering services for the Coca Cola Field Rehabilitation, Various Mechanical Upgrades and Door Replacements. The consultant was chosen through a Request for Qualification (RFQ) process. The funds are available in Account #35323106 445100. PASSED AYES — 9 NOES — 0 COMMUNITY DEVELOPMENT (JOSEPH GOLOMBEK, JR., CHAIRMAN) NO. 2405 REPORT OF SALE - 405 GRIDER (MAS)(STRAT PLAN) (C.C.P. #14 -2259, NOV 12) That the above item be and hereby is referred to the Common Council without a recommendation: Mr. Golombek now moves that the above item be Recommitted to The Committee on Community Development. ADOPTED. NO. 2406 AGREEMENT BETWEEN THE CITY OF BUFFALO AND BUFFALO PLACE, INC. (DPW) (ITEM NO. 2266, C.C.P., NOV. 12, 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 Common Council hereby authorizes and agreement between the City of Buffalo and Buffalo Place, Inc. which expands and extends the scope of services and the term of the agreement between the City and Buffalo Place, Inc. for the maintenance services at Buffalo Place, such as cleaning, snow removal, painting, litter control /removal, garbage collection, grass mowing, and certain other repairs to include more specialized snow plowing as it required with the introduction of Cars on Main Street over refurbished light rail transit track, expanded park work and various other expanded tasks. The term expiration is proposed as being extended from June 30, 2015 through June 30, 2017, and the annual fee payable to Buffalo Place is proposed to increase from $125,000.00 to $175,000.00 in the year July 1, 2014 through June 30, 2015 and continue at the $175,000.00 annual amount in the years July 1, 2015 through June 30, 2016, and July 1, 2016 through June 30, 2017; and That the Common Council hereby authorizes the Mayor to execute a new agreement with Buffalo Place, Inc. continuing the referenced terms, with only such clarifications and modifications as are recommended by the Corporation Counsel's Office in conjunction with finalizing the final form of the agreement with Buffalo Place, Inc.; and that the Common Council hereby authorizes the Mayor and /or other City personnel to enter into such agreements and other appropriate arrangements and to take all such steps and actions as shall be necessary to facilitate the new agreement. Funding will be available in Account #17210006 - 435004 and an account(s) to be named at a later date. PASSED AYES — 9 NOES — 0 NO. 2407 RESCIND SALE & FORFEIT DEPOSIT -1606 JEFFERSON(MAS)(STRAT PLAN) (C.C.P. #14 -2321, NOV 12)(#14-2161,10/28) That the above item be and hereby is referred to the Common Council without a recommendation: Mr. Golombek now moves that the above item be Recommitted to The Committee on Community Development. ADOPTED NO. 2408 TRANSFER OF TITLE - 770 ELLICOTT, 225 ALLEN AND 252 ALLEN (STRAT PLAN) (ITEM NO. 2322, C.C.P., NOV. 12, 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 Common Council hereby authorizes the conveyance of title to three (3) Buffalo Urban Renewal Agency (BURA) owned properties to the City of Buffalo for One Dollar ($1.00). The properties and conditions are as follows: 770 Ellicott The property is a walkway adjacent to the Kevin Guest House that connects Ellicott to Washington. The transfer is subject to the City of Buffalo Department of Public Works, Parks and Streets being in a position to accept title to the property and maintain it in a manner that is safe to the general public. 225 Allen and 252 Allen Street: These properties are currently being used as public parking lots. The transfer is subject to the establishment of a necessary account to receive from the net sale of the properties. These lots will be managed by the City's Department of Parking, and were either acquired or improved with CDBG funds. The City will be required to comply with all CDBG regulatory requirements under 570.504 and 570.505 as to continued use, including, but not limited to, public notice of any proposed change of use. That the Common Council hereby authorizes the transfer of title to the referenced properties, and hereby authorizes the City to enter into any other necessary documents to effectuate the transfer of the properties, subject to the review and approval of the Corporation Counsel. PASED AYES — 9 NOES - 0 NO. 2409 REPORT OF SALE - 32 EDNA AND 42 EDNA (ELL)(STRAT PLAN) (ITEM NO. 2152, C.C.P., OCT. 28, 2014) Mr. Golombek moved: That the above item be, and the same hereby is, returned to the Common Council with a recommendation for approval; That the offer from Mr. and Mrs. Augustus Merriweather, of 40 Edna, Buffalo, New York 14209, in the amount of Two Thousand Dive Hundred Dollars ($2,500.00) for the purchase of 32 Edna and 42 Edna 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. 2410 REPORT OF SALE - 369 EAST UTICA (STRAT PLAN) (ITEM NO. 2235, C.C.P., OCT. 28, 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 Shafiqur R. Khan, President of Greenhouse of Buffalo, Inc., 8709 169 Street, Jamaica, New York 11432, in the amount of Four Thousand Five Hundred Dollars ($4,500.00) for the purchase of 369 East Utica be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchase; 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 LEGISLATION (CHRISTOPHER P. SCANLON, CHAIRMAN) NO. 2411 FOOD STORE LICENSE (NEW) - 1106 BROADWAY (FILL)(DPIS) (LTEM NO. 2289, C.C.P., NOV. 12, 2014) Mr. Scanlon moved: That the above item be, and the same hereby is, returned to the Common Council with a recommendation for approval; That the Commissioner of Permits and Inspections Services is hereby authorized pursuant to Chapter 194 of the City Code to issue a Food Store License to Mohammad Abdur Rab and MD Jane Alam d /b /a Foodland & Pizzeria located at 1105 Broadway. PASSED AYES — 9 NOES — 0 NO. 2412 MOBILE FOOD TRUCK - 67 THORNTON (UNIV)(DPIS) (ITEM NO. 2292, C.C.P., NOV. 12, 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 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 Track License to Rashawn Porter of 67 Thornton, d /b /a Doves Food is hereby approved. PASSED AYES — 9 NOES — 0 NO. 2413 MCGUIRE DEV -REQ PRELIMINARY LAYOUT APPROVAL PILGRIM VILLAGE RESIDENTIAL COMPLEX(08 /29/2014) CCP# 2306, 11/12 Mr. Scanlon moved that the above item be recommitted to the Committee on Legislation. ADOPTED NO. 2414 MCGUIRE DEV- REQUEST SITE PLAN APPROVAL -MIXED USE DEV- PILGRIM VILLAGE RESIDENTIAL PROJECT(09 /24/2014) CCP# 2307, 11/12 Mr. Scanlon moved that the above item be recommitted to the Committee on Legislation. ADOPTED NO. 2415 SEQR- NEGATIVE DECLARATION- PILGRIM VILLAGE CCP# 2308, 11/12 Mr. Scanlon moved that the above item be recommitted to the Committee on Legislation. ADOPTED NO. 2416 S. ALWISHAH, OWNER, TO USE 1900 HERTEL TO REOPEN A TAKE -OUT RESTAURANT IN THE HERTEL AVENUE SPECIAL ZONING DISTRICT (UNIV)(DPIS) (ITEM NO. 2312, C.C.P., NOV. 12, 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 S. Alwishah, Owner, to reopen a take -out restaurant located at 1900 Hertel in the Hertel Avenue Special Zoning District. PASSED AYES — 9 NOES - 0 NO. 2417 CHICKEN LICENSE APPLICATION -515 DARTMOUTH(CTYCLK) (CCP# 1466, 7/08) Mr. Scanlon moved: That the above item be the same and hereby is Received and Filed ADOPTED NO. 2418 PUBLIC DANCE HALL 1210 BROADWAY(NEW)(EDPI) (CCP# 564, 03/18) Mr. Scanlon moved: That the above item be the same and hereby is Received and Filed ADOPTED BY: COUNCILMEMBER GOLOMBEK NO. 2419 APPROVAL TO LEASE 667 MAIN STREET AMERICAN YOUTH HOSTELS, INC. D /B /A/HOSTELLI NG INTERNATIONAL, USA WHEREAS, the City of Buffalo Urban Renewal Agency (BURA) has approved a Lease Agreement between BURA and American Youth Hostels, Inc. d /b /a Hostelling International, USA; and WHEREAS, the City Clerk has published a Notice of Public Hearing, as required by Section 507, Subdivision 2(d) of the "General Municipal Law" and NOW, THEREFORE, BE IT RESOLVED: 1. That the Mayor, the Chairman, Vice - Chairman, or any duly authorized officer of the City of Buffalo Urban Renewal Agency is hereby authorized to execute any and all documents necessary to lease the property known as 667 Main Street to American Youth Hostels, Inc. d /b /a Hostelling International, USA which is subject to approval of Agency Legal Counsel. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 2420 BY: COUNCILMEMBER GOLOMBEK LEASE - AMERICAN YOUTH HOSTELS, INC. D /B /A HOSTELLING INTERNATIONAL, USA ( "HOSTEL" 667 MAIN STREET SET PUBLIC HEARING WHEREAS, the City of Buffalo Urban Renewal Agency and American Youth Hostels, Inc. d /b /a Hostelling International, USA have negotiated an agreement to lease the property known as 667 Main Street; and; WHEREAS, the terms of said Lease Agreement have been approved by the City of Buffalo Urban Renewal Agency; and WHEREAS, Article 15A of the "General Municipal Law" requires that the disposition of land may be approved only after a public hearing with due notice. NOW, THEREFORE, BEIT RESOLVED: 1. That the City Clerk is hereby directed to publish the notice attached hereto and marked "Notice of Hearing" in the Buffalo News, no later than the 29 day of November 2014. 2. That this Common Council will conduct a Public Hearing on the matter stated in said "Notice of Hearing" at 2:00 P.M. in the Council Chambers on the 9 th of December 2014. ADOPTED NO. 2421 BY COUNCIL MEMBER JOSEPH GOLOMBECK, JR. WAIVER OF EVENT FEES FOR BUFFALO CITYBRATION Whereas, Buffalo By Choice, a Nonprofit working with the Buffalo Wellness Institute, has requested permission to conduct the Buffalo Citybration event on Saturday, November 29, 2014; Whereas, The purpose of this event is to promote the City of Buffalo as a family - friendly destination full of culture, history and revitalization; Whereas, The event will take place in Buffalo City Hall and will include art, music, tours, videos on Buffalo's resurgence, photography and many other activities; and Whereas, The event shall take place oll Saturday, November 29, 2014, between 4 -6pro in Buffalo City Hall; Resolved that The City of Buffalo Common Council - 1) Requests that the Department of Public Works, Parks & Streets waive the street closing fees for this event; 2) Directs the City Clerk to forward copies of this resolution to the Department of Permits and Inspections, Department of Public Works and the office of Special Events. Joseph Golombek, Jr. North District Councilmember PASSED AYES — 9 NOES - 0 NO. 2422 SPONSORS: COUNCILMEMBER MICHAEL J. LOCURTO, COUNCILMEMBER JOSEPH GOLOMBEK, JR. ELMWOOD AVENUE BRIDGE DETOURS OVER NY ROUTE 198 AND SCAJAQUADA CREEK Whereas: the New York State Department of Transportation proposes to replace the Elmwood Avenue Bridge (BIN 1039969) over NY Route 198 and Scajaquada Creek in the City of Buffalo, Erie County under P.I.N. 5470.30; and Whereas in conformance with Section 10, Subdivision 19 of the New York State Highway Law, the New York State Department of Transportation proposes to utilize the following roads and detours during the period of construction: Amherst Street (Grant Street to Delaware Avenue) Grant Street (NY Route 198 to Amherst Street); and Whereas the New York State Department of Transportation will provide traffic control devices and make improvements or repairs when necessary to the above mentioned roads to make them adequate to handle additional detour traffic. Now, Therefore, be it Resolved: That the Buffalo City Common Council does hereby authorize The New York State Department of Transportation to utilize the above mentioned roads and streets as detours and maintain traffic on them in accordance with the Subsection 619 of its Standard Specifications during the period of necessity; and, Be it Further Resolved: That the City of Buffalo will continue to provide routine maintenance on the above mentioned roads and streets, including snow and ice control; and, Now, Therefore, be it Finally Resolved: That the clerk of this Common Council is hereby directed to transmit four (4) certified copies of this resolution to the New York State Department of Transportation. ADOPTED NO. 2423 SPONSORS: COUNCILMEMBER LOCURTO, COUNCILMEMBER GOLOMBEK RE: MAINTENANCE OF SHARED USE PATHWAY ON ELMWOOD AVE Whereas, the New York State Department of Transportation proposes the construction of the shared use pathway (including pavement, bicycle and pedestrian railing, and signing) beginning at STA E 1 +118, 14 m left and ending at STA E 1 +382, 20 m left of Elmwood Avenue in the City of Buffalo; and Whereas, the State will include as part of the construction, reconstruction, or improvement of the above mentioned project, the construction of the shared use pathway, pursuant to Section 10, subdivision 22, Section 46, or Section 349 -c of the Highway Law, and will provide for the removal of existing sidewalks beginning at STA E 1 +118, 14m left and ending at STA E 1 +382, 20m left pursuant to Section 10, subdivision 24 of the Highway Law, as shown on the contract plans relating to the project. NOW, THEREFORE, BE IT RESOLVED: That the City of Buffalo hereby approve the removal of such existing sidewalks and the above mentioned work performed on the project and shown on the contract plans relating to the project and that the City of Buffalo will maintain or cause to be maintained the new shared use pathway performed as above stated and as shown on the contract plans, including the removal of debris, control of snow and ice, and wearing surface for the portion of the shared use pathway on the bridge and the entire Shared use pathway, including pavement removal of debris, control of snow and ice, bicycle and pedestrian railing, and signing for the portion of the shared use pathway off the bridge (i.e., the bridge approaches); and BE IT FURTHER RESOLVED: That the Clerk of this Common Council is hereby directed to transmit five (5) copies of the foregoing resolution to the State Department of Transportation. ADOPTED NO. 2424 SPONSOR: MR. PRIDGEN APPOINT MARRIAGE OFFICER(GOLOMBEK) Be It Resolved: That Pursuant to Chapter 49 of the Laws of New York (1988), which allows a governing body the right to appoint one or more Marriage Officers, who have the authority to solemnize marriages, I am requesting the appointment of Joseph Golombek, Jr., as a marriage officer only for December 8, 2014. ADOPTED. NO. 2426 SPONSOR: MR. PRIDGEN APPOINT MARRIAGE OFFICER(WYATT) Be It Resolved: That Pursuant to Chapter 49 of the Laws of New York (1988), which allows a governing body the right to appoint one or more Marriage Officers, who have the authority to solemnize marriages, I am requesting the appointment of Rasheed N.C. Wyatt, as a marriage officer. ADOPTED. NO. 2426 BY COUNCIL PRESIDENT PRIDGEN REQUEST AN INVESTIGATION INTO STORES ACCEPTING FOOD STAMPS FOR PREPARED FOODS Whereas, The Supplemental Nutrition Assistance Program, or SNAP, is a program provided by the U.S. government to ensure that citizens living in the U.S. are able to feed their families: Whereas SNAP, which is available to low- income, disabled and elderly citizens, is utilized by 13 percent of the population in Erie County per a 2009 USDA study; Whereas SNAP benefits can only be used for food and plants or seeds to grow food for a household to eat. Benefits cannot be used to buy nonfood items, alcoholic beverages, tobacco, or hot or prepared foods; Whereas. Fraud in the SNAP program contributes to nearly half of the 4.07 overall loss in the program, equating to more than $3 billion: and Whereas. In 2012. Food and Nutrition Services investigators renewed more than 15,000 stores, resulting in 667 indictments m food stamp fraud; Whereas, Similar investigations in Erie County may result in reduced fraudulent activity in stores participating in the SNAP program; Now, Therefore Be It Resolved that The City of Buffalo Common Council 1) Requests that the Department of Permits & Inspection Services and the Erie County Department of Social Services conduct investigations into stores participating in the SNAP program for potential fraudulent activity; 2) Directs the City Clerk to forward copies of this resolution to the following City of Buffalo Departments: Law, Permits & Inspection Services & the Erie County Department of Social Services; 3) Shall refer this item to the Legislation Committee for further discussion. ADOPTED NO. 2427 BY COUNCIL PRESIDENT PRIDGEN REQUESTS CORPORATION COUNSEL TO REVIEW THE CITY ORDINANCE 611 -104 PERTAINING TO LED SIGNS Whereas, Chapter 511 -104 of The Buffalo City Charter, refers to "general standards" for signage within The City of Buffalo; Whereas, Digital, or Light Emitting Diode (LED) signs are highly sought after and effective, versatile technology; Whereas, The City Charter, as it refers to signage in The City of Buffalo, may not accurately address LED and digital technology; and Whereas, Updating the City Charter to reflect a more encompassed approach to signage may aid in future discussions regarding signage utilizing digital technology throughout the City of Buffalo. Now, Therefore Be It Resolved that The City of Buffalo Common Council- - 1) Requests that Corporation Counsel review City Ordinance 511 -104 and report to the Council if the current ordinance directly address digital signs; 2) Requests Corporation Counsel to revise 511 -104 to explicitly, directly address digital signs if it fails to do so presently; 3) Directs the City Clerk to forward copies of this resolution to the Law Department; 4) Shall refer this item to the Legislation Committee for further discussion. ADOPT RESOLVES. REFER REMAINDER TO THE COMMITTEE ON LEGISLATION NO. 2428 BY: MR. SCANLON RE: SUPPORT OF THE NEIGHBORHOOD HOUSING SERVICES OF SOUTH BUFFALO, INC.'S BETTER BUFFALO FUND APPLICATION FOR THE SOUTH PARK COMMERCIAL CORRIDOR Whereas The Neighborhood Housing Services of South Buffalo, Inc. is dedicated to revitalizing the neighborhoods near and around South Buffalo and the Buffalo River; and Whereas Community Surveys and numerous municipal studies have demonstrated the need to revitalize the South Park Commercial Corridor; and Whereas The Better Buffalo Fund, developed from Governor Cuomo's Buffalo Billion Initiative, has designated the South Park Commercial Corridor as an eligible area available for significant grants to help business and property owners with rehabilitation efforts; and Whereas The Old First Ward Community Center is applying for the Buffalo Main Street Funds from the Better Buffalo Fund for the South Park Commercial Corridor; and Whereas As a requirement under the rules of this program, the Neighborhood Housing Services of South Buffalo, Inc. must Obtain the approval /endorsement of the municipality in which the project will be located; Now, Therefore be it Resolved: That the Common Common Council of the City of Buffalo does hereby approve and endorse the application of the Neighborhood Housing Services of South Buffalo, Inc. for a grant under the Better Buffalo and s Main Street Program; and Now, Therefore be it Resolved: That the Common Council of the City of Buffalo is committed to the revitalization of the South Park Commercial Corridor and supports the application of the Neighborhood Housing Services of South Buffalo, Inc. for the Better Buffalo Fund's Main Street tract as a way to assist business and property owners revitalize the area. ADOPTED NO. 2429 BY: MR. SCANLON RE: SUPPORT OF THE OLD 1ST WARD COMMUNITY ASSOCIATION, INC.'S BETTER BUFFALO FUND APPLICATION FOR THE SENEEA/CAZ COMMERCIAL CORRIDOR Whereas The Old 1 st Ward Community Association, Inc. is dedicated to revitalizing the neighborhoods near and around South Buffalo and the Buffalo River; and Whereas Community surveys and numerous municipal studies have demonstrated the need to revitalize the Seneca /Caz Commercial Corridor; and Whereas The Better Buffalo Fund, developed from Governor Cuomo's Buffalo Billion Initiative, has designated the Seneca /Caz Commercial Corridor as an eligible area available for significant grants to help business and property owners with rehabilitation efforts; and Whereas The Old 1 st Ward Community Center is applying for the Buffalo Main Street Funds from the Better Buffalo Fund for the Seneca Caz Commercial Corridor; and Whereas As a requirement under the rules of this program, the Old 1 st Ward Community Association, Inc. must obtain the approval /endorsement of the municipality in which the project will be located; Now, Therefore be it Resolved: That the Common Common Council of the City of Buffalo does hereby approve and endorse the application of the Old 1st Ward Community Association, Inc. for a grant under the Better Buffalo Fund's Main Street Program; and Now, Therefore be it Resolved: That the Common Council of the City of Buffalo is committed to the revitalization of the Seneca /Caz Commercial Corridor and supports the application of the. Old 1st Ward Community Association, Inc. for the Better Buffalo Fund's Main Street tract as a way to assist business and property owners revitalize the area. ADOPTED NO. 2430 COUNCIL MEMBER CHRISTOPHER SCANLON, DEVELOPMENT OF THE OUTER HARBOR AND PRESERVING PUBLIC ACCESS Whereas, Parks are a public benefit that we as a community help support. When developing Buffalo's Outer Harbor, the focus should be on preserving public access to the water and creating spaces that everyone can enjoy; Whereas, Times Beach Preserve and Wilkeson Pointe Park are important ecological assets on the Outer Harbor that must be preserved; Whereas, Mixing public access with building housing developments means that public access loses out and makes the Outer Harbor feel off limits; Whereas, Tax Revenue generated by housing will not finance the infrastructure necessary to build residential units. Instead, water dependent development should be the focus in areas where there is already infrastructure in place; Whereas, Development from rejuvenated Terminals A and B would generate far more tax revenue and economic development than new condominium units; Therefore, Be It Resolved that The City of Buffalo Common Council - 1) Supports the smart growth of the Outer Harbor by preserving and developing public space where everyone can enjoy the parks and water; 2) Urges the Erie County Harbor Development Corporation to work with Buffalo Niagara Riverkeeper to develop a plan that preserves the waterfront access to the community 3) Copies of this resolution be sent to Erie County Harbor Development Corporation. The Mayor, Western New York Delegates of the New York State Assembly and Senate and Buffalo Niagara Riverkeeper. ADOPTED NO. 2431 BY MR SMITH RE: TRAILBLAZING SIGN FOR HELEN BROOKS Whereas: Trailblazing Signs, Otherwise known as honorary street names are generally assigned honor and commemorate noteworthy persons associated with the City of Buffalo; and Whereas: Helen Muriel Brooks R.N. was born in Birmingham, Alabama on August 15, 1925 the second oldest of 15 children. Young Helen had Nursing aspirations, but was unable to pursue her craft in her hometown because of the Racial dissention of that era; and Whereas: She left at age nineteen and migrated north to Bayonne, New Jersey where she attended and would later graduate the Bayonne Nursing School as the first Black Class President; and Whereas: Shortly thereafter, she met and wed Joseph Jesson Brook. From this union, she had four children, Cheryl, Brenda, Joseph and Lisa. Before the birth of her youngest child she relocated to 268 Northland Avenue, Buffalo, New York; and Whereas: She would reside there, and serve, heal and minister to the Northland Avenue community for forty -three years until her death on April 30, 2013 Whereas: A Trailblazing Sign is an appropriate honor for Mrs. Brooks who nursed, ministered her community not for any financial or profession gain, but because she was a truly good neighbor with a good heart. Now It Therefore be It Resolved; The Common Council of the City of Buffalo hereby approves the installation of the Trailblazing sign at the comer of Northland and Lonsdale Avenue, proclaiming this portion of Northland Avenue as "Helen M. Brooks, R.N. Way "; and Be It Finally Resolved: That the department of Public Works is directed to erect a sign to this effect once all fees associated the posting of a Trailblazing Sign have been satisfied. ADOPTED NO. 2432 COUNCIL MEMBER RASHEED N. C. WYATT DAYTIME CURFEW ORDINANCE Whereas The City of Buffalo is in the midst of a city -wide chronic truancy issue. This is of major concern, in that it can negatively impact the future of many students. School -age children that do not make it to school formulate bad habits that will carry on and hamper their success in whatever endeavor they decide to pursue, whether it be higher education, entrepreneurship or employment opportunities; and Whereas In 2001 the Children Defense Fund reported during their Cradle to Prison Pipeline Campaign - -- nationally, 1 in 3 Black and 1 in 6 Latino boys born in 2001 are at risk of imprisonment during their lifetime. While boys are five times as likely to be incarcerated as girls, there is a significant number of girls in the juvenile justice system. This rate of incarceration is endangering children at younger and younger ages. This is America's pipeline to prison -- a trajectory that leads to marginalized lives, imprisonment and often premature death; and Whereas Reports show that The City of Buffalo is one of the most impoverished cities in the nation. We must be proactive to ready our youth for greater opportunities. The City currently has a nighttime curfew listed in Chapter 343 of the City Charter titled Promoting General Welfare of Minors in Public Places to protect youth from being out unsupervised, when in many cases bad things happen that can hinder their opportunities locking them into a future of continued despair and poverty; and Whereas Establishing a daytime curfew, will allow law enforcement to help the Board of Education and parents to ensure children are where they are supposed to be during school hours, hopefully building a foundation to increase academic scores and graduation rates; and Whereas In combination with a daytime curfew, we must also develop system -wide truancy prevention and intervention programs to identify truant behavior which will include accountability, services, data collection and evaluation. Now, Therefore Be It Resolved that The City of Buffalo Common Council- 1) Directs the Law Department to advise on the feasibility of instituting a daytime curfew and report back to the Common Council with the findings within 60 days. 2) Request that the Education Committee hold a public hearing to discuss the urgency of this action. 3) Forward copies of this resolution to the following: Mayor Byron Brown, Commissioner Daniel Derenda, Corporation Counsel Timothy Ball, Chief Carmen Menza, Deputy Chief Beaty, Dr. Harris -Tigg and Dr. W. Keresztes. ADOPT RESOLVES REFER THE REMAINDER TO LEGISLATION NO. 2433 BY: RASHEED N.C. 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, 2016, conditional upon the persons so appointed certifying under oath to their qualifications and filing same with the City of Buffalo. Total: 178 1) Acosta, Clarissa 2) Alessi, Bernadette L. 31 Andersen, Linda L. 4) Baj- Thant, Aniela M. 5) Balducci, Jason A. 6) Ball, Timothy A. 7) Baudo, Matthew S. 8) Bertini, Leah V. 9) Bolden, Wayne 10) Brown, Darren 11 ) Brown, Lydell P. 12) Burke, Brian F. 13) Cadle, Delia D. 14– Cannon, Rhonda 15) Carney, Linda N. 16) Catanzaro, Joseph J. 17) Chase, Barbara M. 18) Chase. Roxanne M. 19) Chestnut, Anthony B. 201 Chwalinski, Gerald A. 21) Chwalinski, Thomas A. 22) Conroy, Loft Anne 23– Constantino, Anthony 24) Conway, John 25) Correa, Fernando 26) Crump, Sheritta 27) Curry, Michael E. 28) Czekalski, Jill C. 29) Davis IV, Collin 30) DeGraffenried, Antwynines 31) Diaz, Roberto 32) Donovan, Joyce 33) Donovan, William C. 34) Doverspike, Maria Lisa 35) Drumm, Christopher 36) Edmonds, Donna M. 37) Ervin- Garner, Tasha 38) Escabi, Susan G. 39) Fabian, Linda S. 40) Feldmann, Peggy J. 41) Felton, Frederick 42) Ferguson, Patricia Ann 43) Floriano, Dana 44) Franczyk, David A. 45) Franczyk, Michelle 46) Frieday- Lewis, Sandra 47) Fritz, Winston A. 48) Fultz, Paul D. 49) Garbe, Elaine 50) Garland III, Frank 51) Garrett, Jarvis 52) Golombek Jr., Joseph 53) Gonzalez, Ava 54) Grandy, Carol A. 55) Gunsauley, James 56) Guzman, Francisco 57) Haffa, Nicole M. 58) Hall, Lome 59) Halligan, Courtney M. 60) Hargro, Alexis 61) Hatten, Reshedda 62) Hayes, Camille 63) Hayes, Shirley 64) Heffron, John Vincent 65) Hill, Melinda 66) Hill Clyburn, Lillian R. 67) Howard, Lauren Ashley 68) Hughes, Amy C. 69) Jackson, Shirley 70) Janowski, Joanne 71) Johnson, Denise 72) Johnson, Jamie L. 73) Jones, Jacqueline D. 74) Jones, Nicole S. 75) Kaminski, Beverly Ann 76) Kowiak, Jayson 77) Lamparelli, Mary 78) Lasky, James D. 79) Lawson, Marcus 80) Lehner, Christine A. 81) Leidolph, Doreen 82) Lenczyk, Carolyn A. 83) LoCurto, Michael J. 84) Maggio, Marylou 85) Malpica, Iris A. 86) Marciano, David 87) Marino, Alfred 88) Martinez, Sharon T. 89) Massey, Craig E. 90) Masiello, Stephanie 91) Mazgajewski, Michael P. 92) McBride, Brian 93) McCarthy, Jacqueline A. 94) McCool, Michael A. 95) McDuffle, Rashied H. 96) McLaughlin, Willie 97) Milks, Neil J. 98) Miller, Desiree 99) McKeone, Maureen R. 100) Miller, Rosalind R. i01) Miller, Sarah E. 102) Molenda, Donald 103) Molnar, Timothy 104) Montour, James Edward 105) Moore, Mia 106) Moriarty, Sean 107) Motley, Hamid 108) Myles, Angela R. 109) Nigrelli, Michael P. 110) Nobile, Wendy A. 111) Nowakowski, Mitchell P. 112) Osborne, Richard 113) Palka- Armstrong, Kathleen A. 114) Palmer, Damon 115) Parsons, Elwood 1 i6) Parsons, Tammy 117) Paul, Julia A. 118) Peoples, Gregory 119) Petronella, Joseph A. 120) Pierce, Patricia A. 121) Pilkey, Tina E. 122) Prim, Dayeenah 123) Purcell, Brian G. 124) Quinn, James 125) Quinn, Robert E. 126) Raimondo, Donna Marie 127) Renzoni, Adam 128) Reyes, Luis A. 129) Ricketts, Jeffrey T. 130) Riga, Joseph 131) Rivera, Carlos 132) Rodriguez, Evelyn 133) Rowland, Anessa D. 134) Rudd, David 135) Sanchez, Denise 136) Sandarelli, Denise M. 137) Santos, Robert 138) Scott, Earl 139) Scott, Linda L. 140) Sebastian, Paula 141) Shaw, Vernee 142) Simonick, George 143) Smith, Shannon M. 144) Snell, Constance V. 145) Solomon, Vanessa D. 146) Soto, Evelyn 147) Steele, Megan N. 148) Summers, Heather A. 149) Syph, Yvorme S. 150) Tadusz, Daniel 151) Thompson, C. L. 152) Thornton, Crystal 153) Torre, Philip 154) Torres, Ivy 155) Trueheart, Vernon 156) Turk, Michael 157) Uzdygan, Nancy 158) VanWey, Tamara M. 159) Vaughn, Mark J. 160) Velez, Mario E. 161) Vertino, John 162) Vickerd, John T. 163) Viera, Evelyn 164) Vinourski, Ronald 165) von der Empten, Andrea L. 166) Wagstaff, Wilfred 167) Walker III, Luther 168) Walker - Jarmon, Pamela L. 169) Webb, Tennia 170) Weigand, Carol A. 17i) Williams, Dactyl L. 172) Williams, Gaynell 173) Winterhalter, Katherine 174) Wolff, Lawrence 175) Wright, Michael R. 176) Zielinski, Richard 177) Zipp, Paul 178) Zizzo, Mary E. ADOPTED NO. 2434 BY: RASHEED N. C. WYATT APPOINTMENTS COMMISSIONER OF DEEDS That the following person(s) are hereby appointed as Commissioner of Deeds for the term ending December 31, 2016, conditional, upon the person so appointed certifying under oath to their qualifications and filing same with the City Clerk. See the attached page. TOTAL: 31 Alonzo. James J. Bankoske, Danielle C. Barone. Karen S. Beck, Sharon T. Caldarella, Tracy Carey, William E. Conley, Daniel D. Cullen, Loretta A. DeGeorge, Anne deVyver, Carl R. Diina, Anthony N. Fleming, Duane T. Granville, David F. Grillo, Suzanne M. Herbert. Deborah M. Howard, Saivatore Jackson. Mae E. Kanaley, Kathleen M. Kern Kara L. Kinmartin, Cheryl A. Lewis. Maureen A. Long, Gloria Marlette Guy R. Melchiorre, Alfred Meyer. Melissa J. Pratcher, Fanchon Renee Rogers, Laura Rusch, Kea D. Sanborn, Susan Steele, Albert Sunday, Linda ADOPTED NO. 2436 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, December 2, 2014 at 9:45 o'clock A.M. Committee on Finance following Civil Service Tuesday, December 2, 2014 at 10:00 o'clock A.M. Committee on Comm. Dev. Tuesday, December 2, 2014 at 1:00 o'clock P.M. Committee on Legislation • Tuesday, December 2, 2014 at 2:00 o'clock P.M. (Public Disclaimer): All meetings are subject to change and cancellation by the respective Chairmen of Council Committees. In the event that there is sufficient time given for notification, it will be provided. In addition, there may be meetings set up whereby the City Clerk's Office is not made aware: therefore, unless we receive notice from the respective Chairmen, we can only make notification of what we are made aware. NO. 2436 ADJOURNMENT On a motion by Mr. Smith, Seconded by Mr. Rivera, the Council adjourned at 3:15 PM GERALD A. CHWALINSKI CITY CLERK