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15-0120
NO. 2 PROCEEDINGS OF THE CITY OF BUFFALO JANUARY 20, 2015 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 JANUARY 20, 2015 APP 71- ** *FINAL ** *CORRECTED MAYOR MAYOR - EXECUTIVE APP 54- 1. Cit Serv- Submission of Monthly Report for December 2014 R &F 55- 2. Plan Bd- Results From Meetings- 10/7/14/PVS Chemical Solutions, CS 74- 11/05/14/536 W. Ferry, 01/13/2015/500 Franklin St Apts R &F 56- 3. Plan Bd -SEQR Negative Declaration -500 Franklin ADOPT 57- 4. Plan Bd -SEQR Negative Declaration -55 Lee ADOPT 58- 5. Strat Plan -Amend Designate Developer Agmt - School 63 APP 59- 6. Strat Plan- NYSDOT- Request Temporary Easement 1548 Elmwood APP 60- 7. Strat Plan- Report of Sale -6 Eighteenth(Nia) CD 61- 8. Strat Plan- Report of Sale -1257 & 1269 Genesee(Fill) CD 62- 9. Strat Plan- Report of Sale -249 Olympic(Mas) CD 63- 10. Strat Plan- Report of Sale -136, 140, 144 Stan islaus(Fill) APP COMPTROLLER APP 64- 11. Audit of The Broadway Market Rental Revenue R &F 65- 12. Interfund Loan - 2013 -14 Capital Budget APP 66- 13. Interfund Cash Loan APP 67- 14. Popular Annual Financial Report -2014 R &F COUNCIL PRESIDENT 31. Appoint Report Tech nician(Perm)(Third Step)(Virgil) 68- 14A Concerns Fatalities Among Law Enforcement POL O/S Pl 1R1 IC \/\ /nRKS CS 69- 15. Permission to Enter Agmt With NYSDOT- Bridge Replacement Project(North,Del)APP 70- 16. Permission to Purchase Packer Bodies APP 71- 16A Permission to Approve the Scrap of Vehicles and Transfer Vehicles From Police to PW APP 72- 16B Permission to Extend Veterinary Services Contract APP 73- 17. Appoint Deputy Commissioner of DPW, Bldgs & Energy Mngt(Sonubi) CS 74- 18. Appoint Equipment Operator(Prov)(Inter)(Vance Jr) CS POLICE 75- 19. Acceptance of Donation -NOCO Foundation APP 76- 20. Donation From HYDE Foundation for Purchase of Canine Drug Dog APP 77- 21. Permission to Accept DCJS Byrne JAG Grant Funds APP 78- 22. Permission to Accept 2014 DHSES Tactical SWAT Team Grant APP 79- 23. Permission to Accept 2015 Motor Vehicle Theft Ins Fraud Grant Funds APP 80- 24. Permission to Accept 2015 -2016 Operation Project Kids -Youth Tobacco APP 81- 25. Permission to Accept 2014 -2015 Reimbursements Law Enf Partners APP 82- 26. Permission to Accept 2014 State Homeland Security Funding APP 83- 27. Drug Asset Forfeiture Annual Certification Report & Audit FY 2014 POL O/S 84- 28. Drug Asset Forfeiture Wire Transfers R &F 85- 29. Request Transfer of City Owned Property K -9 Dog(Duke) APP 86- 30. Request Transfer of City Owned Property K9 Dog(Herc) APP 87- 31. Appoint Report Tech nician(Perm)(Third Step)(Virgil) CS CORPORATION COUNSEL 88- 32. Appoint Assistant Corporation Counsel II(Perm)(Hannibal IV) CS COMMUNITY SERVICES 89- 33. Nutrition Program Contract -2015 APP HUMAN RESOURCES 90- 34. Appoint Commissioner (Exempt)(Herndon -Hill) APP SEWER AUTHORITY 91- 35. 2013 -2014 Comprehensive Annual Report Available Online- 2013 -2014 CAFR Can be Downloaded R &F CITY CLERK 92- 36. Application for Restricted Use Permit -69 W. Chippewa(01 /29/2015)(EII) DENY 93- 37. Items returned by Mayor without Approval /Disapproval R &F 94- 38. Liquor License Applications R &F 95- 39. Leaves of Absence R &F 96- 40. Reports of Attendance R &F 97- 41. Notices of Appointments - Council Interns ADOPT 98- 42. Notices of Appointments- Temp /Prov /Perm CS MISCELLANEOUS 99- 43. Buffalo Water Board - Monthly Report -Nov 2014 R &F 100- 44. Buffalo Water Board Report- December 2014 R &F 101- 45. M. Connelly- Minutes Buffalo Elections Committee - 10/27/2014 R &F 102- 46. J. Golombek -C. Scanlon - Police Community Relations POL O/S 103- 47. K. Johnson - Kenmore LL 1 Amending Zoning Code to Create the Educational District 104- 48. M. Lee - Request Creation of Citizen Review Committee to Investigate Wrongfully Conviction 105- 49. M. LoCurto- Articles Concerning Municipal Broadband 106- 50. NYS DEC - Cleanup Requirements Brownfield Site -1001 Main St 107- 51. NYS DEC - Cleanup Requirements Brownfield Site -822 Seneca St 108- 52. NYS DEC - Cleanup Requirements Brownfield Site -154 South Ogden 109- 53. NYS DEC - Interim Remedial Measure Proposed -500 Seneca St 110- 54. NYS Dept of Taxation and Finance - Certificate of Attendance Bd of Asmt Review Training- Various 111- 55. I. Rashad II- Request to Speak at Committee Mtg Re Homelessness 112- 56. C. Scanlon - Follow up Re Weekend Hours at the Community Centers 113- 57. G. Scholand- Planning Bd Resolution Preliminary Layout App Pilgrim Village_ 114- 58. D. Smith - Hamburg Village Bd Considers Installing Free Wi -Fi 115- 59. D. Smith -M. John Sr- Response Seneca Nation Request Elimination of the Word Squaw 116- 60. C. Walker- Update on Seneca Buffalo Creek Casino 117- 61. R. Wyatt -A. Benton - Various Concerns William Price Block Club 118- 62. R. Wyatt -D. Quick- Concerns Redevelopment of Dash's on Kenmore PFTITInNS 119- 63. J. Fraser, Owner, Use 244 aka 242 Allen to Re- Establish a Restaurant and R &F R &F R &F R &F CD CD R &F CD LEG CD CD CD CIVIL SERVICE Sidewalk Patio in the Allen District(Fill)(hrg 1/27) LEG,CPBD 120- 64. D. Buckley, Agent, Use 1487 Hertel to Re- Establish Use of a Sit in Restaurant 1. 15 -12 Com and Sidewalk Cafe in the Hertel Ave Special District LEG,CPBD 121- 65. R. Wyatt -R. Righetti & O -Stop the Storage Facility on Kenmore Ave CD RESOLUTIONS Jan 6 175- 66. Fontana,etc Mobile App to Locate School Buses ADOPT RES'S REM TO ED, BD OF ED 176- 67. Franczyk Disch CD -CCP# 14 -2258 Nov 12- Report of Sale 186 Chicago & 83 Fulton ADOPT D/C APP 177- 68. Golombek Renaming of Squaw Island to Divided Island ADOPT RES'S REM LEG 178- 69. LoCurto Waive Permit Fees Seneca Nation Winter Games in 125- 4. Delaware Park APP 179- 70. Pridgen Ordinance Amendment Ch 399 Smoking LEG 180- 71. Scanlon Disch Leg -CCP# 14 -2371 Nov 25 -Food Store License New Jan 6 Purchase of Snowmobiles During November Storm(Fire) 224 Virginia St ADOPT D/C APP W /COND 181- 72. Scanlon Waive Event Fees for the 2015 South Bflo Farmers Market APP 182- 73. Smith Regulation of Multiple Resident Homes Dec 23 D. Pridgen- Request From B. Miller- Williams to Name Gym at (Halfway and Rooming Houses, Group Homes) ADOPT RES'S REM LEG 183- 74. Wyatt Budget & Personnel Amendment PW APP 184- 74A Wyatt Budget & Personnel Amendment -Audit & Control APP 185- 75. Wyatt Smart Street Lighting and Mobile Broadband ADOPT 186- 75A Wyatt Comm of Deeds - Public Duties ADOPT 187- 75B Wyatt Comm of Deeds ADOPT SUBMISSION LIST OF COMMITTEE ITEMS FOR THE COUNCIL MEETINGS D. Pridgen -Take Another Look Citybration Event CIVIL SERVICE 122- 1. 15 -12 Com Jan 6 Appoint Chief(Prov)(Menza)(Pol) APP 123- 2. 15 -24 Com Jan 6 Notices of Appointments- Temp /Prov /Perm(Cty Clk) R &F FINANCE 124- 3. 15 -6 Com Jan 6 Interfund Loan 2013 -14 Capital Budgets(Compt) APP 125- 4. 15 -14 Com Jan 6 Purchase of Learning Management Systems(Fire) APP 126- 5. 15 -15 Com Jan 6 Purchase of Snowmobiles During November Storm(Fire) APP COMMUNITY DEVELOPMENT 127- 6. 14 -2539 No Dec 23 D. Pridgen- Request From B. Miller- Williams to Name Gym at JFK Mr. Moody Pugh APP 128- 7. 14 -2556 No Dec 23 Report of Sale 60 Rickert(Mas)(Strat Plan)( #14 -2442, 12 -9) APP 129- 8. 14 -2202 No Oct 28 D. Pridgen -Take Another Look Citybration Event R &F 130- 9. 14- 1841Com Sept 16 Report of Sale -503 Riley(EII)(Strat Plan) APP Fnt J( ATinN 131- 10. 14 -2533 No Dec 23 Packet Documents - December 2014 132- 11. 14 -2199 No Oct 28 Packet Documents -Oct 2014 133- 12. 14 -2095 No Oct 14 Public Schs Central Registration Ctr 2015 Sch Choice Application R &F LP Ciminelli -Bd R &F LP Ciminelli -Board R &F N. Bycina -Bflo R &F CIT RTS,MAYOR LEG 134- 13. 14 -2102 No Oct 14 D. Smith- Article- Concerns Re Charter Schools R &F 135- 14. 14 -1769 No Sept 2 C. Franklin- Issues Concerning Education in Buffalo R &F 136- 15. 14 -1770 No Sept 2 C. Franklin - Concerns Education System in Buffalo R &F 137- 16. 14 -1773 No Sept 2 D. Smith -BTF Charter School Study_R &F 138- 17. 14 -1595 No July 22 D. C. Franklin - Support for Education Bill R &F 139- 18. 14 -1597 No July 22 K. Hernandez - Action Plan for Schools_R &F 140- 19. 14 -1601 No July 22 J. D. Smith -A. Gerstman -City Authority Over the Bflo Bd of Ed R &F 141- 20. 14 -1481 No July 8 Dr. W. Kresezes- Comments for Committee on Education R &F 142- 21. 14 -1484 No July 8 D. Smith -Study of City Take Over Schools Shouldn't Be Allowed to Derail Process R &F 143- 22. 14 -1381 No June 24 D. Smith - Questions on Board of Education 144- 23. 14 -810 No Apr 15 D. Smith -Info Say Yes to Buffalo 145- 24. 13 -59 No Nov 26 D. Smith -Teach for America Makes a Push in Buffalo R &F 146- 25. 13 -53 No Oct 1 D. Smith -Bd of Ed Resolution -To Require Attendance of Students 4 Years of Age to Attend Pre -K R &F 147- 26. 13 -147 Res July 23 Concerns Bd of Ed Sig Grants(Smith) R &F 148- 27. 13 -68 No July 9 D. Smith -BPS Comprehensive District Education Plan 149- 28. 13 -65 Com June 11 B. McIntyre - Official Compilation of Codes, Rules & Regs -NYS No No Child Left Behind Act of 2001 R &F 150- 29. 13 -66 Com June 11 B. McIntire -I Schwartz- Response to Complaint Received by Sam Radford III R &F 151- 30. 13 -79 No June 11 D. Smith - Article - Scholl District Struggles Over State Ruling on Students' Right to Transfer R &F 152- 31. 13 -52 No Apr 2 N. Bycina -Ready Freddy Program R &F 153- 32. 13 -70 No Mar 19 S. Smith -Dr. P. Brown -Bflo Public Schools 2013 Strategic Process R &F 154- 33. 13 -71 No Mar 19 D. Smith -Dr. P. Brown -Draft Developing Safe and Supportive Schools R &F 155- 34. 12 -44 No Dec 11 D. Smith - Concerns Bflo Public Schools and Title I Funding R &F 156- 35. 12 -54 No Nov 13 D. Smith -S. Radford - Annual Professional Performance Review 157- 36. 12 -40 No Oct 30 J. Golombek - Article Re Squabbling Btwn The District and the Teachers Union R &F 158- 37. 12 -45 No Oct 30 D. Rivera - Motion Passed by BTF Executive Comm & Council of Delegates R &F 159- 38. 12 -47 No Oct 16 D. Smith -LP Ciminelli- Reconstruction of BPC #59 R &F 160- 39. 12 -50 No Sept 18 D. Smith - Charter Schools Restart Project R &F 161- 40. 12 -68 No July 24 K. Privateer -W. Keresztez - Support PILOT 311 to Accept Bflo School Complaints R &F 162- 41. 12 -70 No July 24 D. Smith - District Coord Council- Maximizing Parent Engagement R &F 163- 42. 12 -113 No July 24 D. Smith -DPCC Req BOE Formally Negotiate MOU with BFT( #52,7/12) R &F 164- 43. 12 -58 No May 1 D. Smith -S. Byrnes - Policies and Practices in Place in Baltimore R &F 165- 44. 12 -58 No Mar 20 D. Pridgen- Attendance Review Board R &F 166- 45. 11 -40 No July 12 Buffalo Public Schools Attendance Study -Phase 1 (2010 -2011) R &F 167- 46. 11 -41 No July 12 Buffalo Public Schools Student Attendance Study -Phase 1 (2010 -2011) Data Supplement R &F 168- 47. 11 -46 No June 14 S. Radford -DPCC Req. CC to Endorse the Parent Empowerment Act R &F 169- 48. 11 -108 Res June 14 Support NYS Adopting "Parent Trigger Law" for Bflo Public Schools R &F 170- 49. 11 -53 No May 17 D. Smith -J. Williams- Budget Response Buffalo Bd of Education R &F 171- 50. 11 -68 No April 19 S. Polowitz- Argument for Converting PLA Schools to Charter Schools R &F 172- 51. 10 -49 No Mar 16 D. Smith - Introduce a New Paradigm for Security Protocols in and Around Bflo Public Schools R &F 173- 52. 10 -29 Com Jan 19 Response - "Support Neighborhood Schools" R &F 174- 53. 10 -44 No Jan 19 D. Stieglitz -Re- launching the JSCB Neighborhood Stabilization Initiative R &F R &F CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO TUESDAY JANUARY 20, 2015 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 — None On a motion by Mr. Smith, Seconded by Mr. Rivera, the minutes of the stated meeting held on January 6, 2015 were approved FROM THE MAYOR FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE OFFICE OF CITIZEN SERVICES NO. 64 SUBMISSION OF MONTHLY REPORT FOR DECEMBER 2014 The Office of the Mayor, Division of Citizen Services, hereby submits, for your Honorable Body's review and approval, the monthly reports for the Mayor's Call and Resolution Center for December 2014, as mandated by Section 6 -20(c) of the City of Buffalo's City Charter. This monthly statistical report details the number and nature of inquiries, requests and complaints received. RECEIVED AND FILED FROM THE CITY PLANNING BOARD NO. 66 RESULTS FROM MEETINGS 10/7/14 PVS CHEMICAL SOLUTIONS Dear Mr. Cancilla: The City of Buffalo Planning Board at a meeting held Wednesday October 7, 2014, considered the matter captioned above pursuant to Section 511 -!37 of the Buffalo Code -City Wide Plan Review. The Planning Board has determined that the site plan and elevation meets the criteria for approval contained in Section 511 -145 and 511 -146 of the Buffalo Code. The City of Buffalo Planning Board voted to approve site plan and elevation dated July 10 2014 for the construction of a 3750 SF steel addition to the manufacturing facility. This approval is valid until January 12, 2016. This letter is NOT a building permit. It is the responsibility of the owner to see that all required permits are issued prior to the commencement of the actual work. If you should have any further questions regarding the above, please feel free to contact the office at any time at 716- 851 -5082 for Thomas A. Chwalinski or myself at 716;851 -5029. Dear Ms. Hasse: The City of Buffalo Planning Board at a meeting held Wednesday November 5, 2014, considered the matter captioned above pursuant to Section 511 -137 of the Buffalo Code -City Wide Plan Review. The Planning Board has determined that the design and site plan meets the criteria for approval contained in Section 511 -145 and 511 -146 of the Buffalo Code. The City of Buffalo Planning Board voted to approve site plan and renderings dated October 16, 2014 for the construction of a new two - family house at 536 West Ferry. This approval is valid until January 12, 2016. The following conditions were agreed to in the approval and must be met: • The second floor unit is a two - bedroom unit • Landscaping and shielding was added around the parking area and driveway • The elevation of the first floor is at least 3 feet • Total height of the structure is 34.5 feet at minimum. • Finished floor to finished ceiling height is 10 feet • East side elevation has one offset • Cedar shakes are used as siding material for front elevation peak Approval of the 10 foot curb cut is not included in this letter and must be obtained through the Department of Public Works, Parks, and Streets. This letter is NOT a building permit. It is the responsibility of the owner to see that all required permits are issued prior to the commencement of the actual work. If you should have any further questions regarding the above, please feel free to contact the office at any time at 716- 851 -5082 for Thomas A. Chwalinski or myself at 716- 851 -5029. Matthew Moscati trm architecture 448 Delaware Avenue Buffalo, NY 14202 RE: 500 Franklin Street Apartments Dear Mr. Moscati: The City of Buffalo Planning Board at a meeting held January 13, 2015, considered the matter captioned above pursuant to Section 511 -!37 of the Buffalo Code -City Wide Plan Review. The Planning Board has determined that the site plan meets the criteria for approval contained in Section 511 -145 and 511 -146 of the Buffalo Code The City of Buffalo Planning Board voted to approve the site plan dated September 17, 2014 for the construction of a three -story 16 unit apartment building with interior parking. This approval is valid until January 14, 2016. The following conditions were agreed to in the approval and must be met: • Addition of light packs to the north elevation of the building • Two (2) street trees with location and species to be determined in conjunction with the City of Buffalo Department of Public Works This letter is NOT a building permit. It is the responsibility of the owner to see that all required permits are issued prior to the commencement of the actual work. If you should have any further questions regarding the above, please feel free to contact the office at any time at 716- 851 -5082 for Thomas A. Chwalinski or myself at 716- 851 -5029. RECEIVED AND FILED NO. 66 SEQR NEGATIVE DECLARATION -600 FRANKLIN Non Significance Negative Declaration This notice is issued pursuant to Part 617 of the implementing regulations Pertaining to Article 8 (SEAR - State Environmental Quality Review) of the Environmental Conservation Law. Lead Agency City of Buffalo, Planning Board 901 City Hall 65 Niagara Square Buffalo, NY 24202 As per the provision of SEAR, the Lead Agency has reviewed the following action as it relates to the environment: Action Title: 500 Franklin - New Construction Location= 500 Franklin Street, Buffalo, NY Type of Action: Uncoordinated - Unlisted Description: The Action involves the construction of a new building at 500 Franklin Street in the local Allentown Historic District. The building will be three stories with parking incorporated into the first floor with 15 residential units on the second and third floors; 14 units will be studios and one unit will be a two bedroom. The site was recently cleared of a building that was damaged by fire. The site will include two new street trees and a relocated curb cut. As a Result of this Environmental Review: The Lead Agency has determined the undertaking of this action will not have a significant adverse effect on the quality of the environment. No further environmental review will be conducted prior to implementation of the action and a Draft Environmental impact Statement will not be prepared. Reasons Supporting This Determination: Potential environmental impacts associated with the action were identified in the Environmental Assessment Form to assess potential adverse environmental impacts compared to the criteria for determining significance identified in 6 NYCRR §617.7(c)(1) and in accordance with §617.7 (c)(2)(3). The potential impacts are Dot significant. The construction of an infill building will help to further stabilize a significant historic neighborhood. The project will not have a significant impact on air quality. There will be heating and cooling units for the new construction; however, this is not a significant impact and would not require an air permit. The project will have minimal adverse impacts on ground or surface water quality or quantity. The project will t e directly into the city sewer system. The project will not have a substantial adverse change in existing traffic levels. The Project is located in a residential and commercial area. Additionally, there is a significant set -back on the property allowing exiting traffic to stay out of the main thoroughfare. The project area is also served by public bus routes. The project will not have a substantial adverse change in noise levels. The surrounding areas are either used for residential or commercial purposes. Due to the number of residential units on the property there should be no change in noise levels. The project will not result in the removal or destruction of large quantities of vegetation or fauna; substantially therefore with the movement of any resident or migratory fish or wildlife species; impact on a significant habitat area; impact a threatened or endangered species of animal or plant, or the habitat of such a species; or other significant adverse impacts to natural resources. The project is located in an urban area and is not within or adjacent to a Critical Environmental Area and will therefore, not impair the environmental characteristics of a Critical Environmental Area. The project will not have a major change in the quantity or type of energy used. There will be a minor increase consistent with residential use, but these impacts would not be significant. The project will not create a hazard to human health. The project will not create a substantial change in the use, or intensity of use, of land including agricultural, open space or recreational resources, or in its capacity to support existing uses. The project will not encourage or attract a large number of people to a place or places for more than a few days, compared to the number of people who would come to such place absent the action. The project will not create a material demand for other actions that would result in one of the above consequences. The project will not involve changes in two or more elements of the environment, neither of which has a significant adverse impact on the environment, but when considered together result in a substantial adverse impact on the environment. The project does not include two or more related actions undertaken, funded or approved by an agency, none of which has or would have a significant impact on the environment, but when considered cumulatively would meet one or more of the criteria in 6 NYCCR 617.7(C)(1). For further information relative to this Negative Declaration, contact Ms. Nadine Marrero, Director of Planning, Room 901 City— Hall, Buffalo, New York 14202, (716)851 -5029. ADOPTED NO. 57 SEQR NEGATIVE DECLARATION -55 LEE Non Significance Negative Declaration This notice is issued pursuant to Part 627 of the implementing regulations pertaining to Article 8 (SEAR - State Environmental Quality Review) of the Environmental Conservation Law. Lead Agency City of Buffalo, Planning Board 901 City Hall 65 Niagara Square Buffalo, NY 14202 As per the provision of SEC, R, the Lead Agency has reviewed the following action as it relates to the environment: Action Title: PVS Chemicals Expansion Location: 55 Lee, Buffalo, NY Type of Action: Uncoordinated - Unlisted Description: The Action involves the construction of a new 3,750 sq ft steel addition. The building will allow for the expansion of an existing product line on -site, high purity sulfuric acid. PVS Chemicals is regulated by NYSDEC Air Permits and has an Industrial Stormwater Permit for surface water and a permit with the Buffalo Sewer Authority for Stormwater Discharges from Industrial Activity. The building will be constructed on a currently impervious surface and will not significantly increase stormwater runoff. Prior to discharging to the sewer water is required to meet permit established conditions and thresholds. The area is zoned M3 and the use is consistent with zoning, existing land use and proposed future zoning. As a Result of this Environmental Review: The Lead Agency has determined the undertaking of this action will not have a significant adverse effect on the quality of the environment. No further environmental review will be conducted prior to implementation of the action and a Draft Environmental Impact Statement will not be prepared. Reasons Supporting This Determination: Potential environmental impacts associated with the action were identified in the Environmental Assessment Form to assess potential adverse environmental impacts compared to the criteria for determining significance identified in 6 NYCRR §617.7(c)(1) and in accordance with §617.7 (c)(2)(3). The potential impacts are not significant. The expansion of an existing process will not have a significant adverse impact on the environment. The project will not have a significant impact on air quality, the entire complex is regulated by a NYSDEC administered Title V permit. This permit includes the likely impacts associated with the expansion of this product line. The project will have minimal adverse impacts on ground or surface water quality or quantity. The proposed site of the building is currently mostly impervious. The existing stormwater is directed to the ground and the small increase of impervious surfaces will not significantly impact that volume. The project will not have a substantial adverse change in existing traffic levels. The project is located in an industrial area that has limited through traffic. The project area is also served by public transportation. The expansion of the product line is anticipated to increase employment by up to three employees and induce up to two additional trucks a day. This is not a significant impact. The project will not have a substantial adverse change in noise levels. The surrounding areas are either use for industrial or commercial purposes. There is no anticipated increase in noise at other properties other than during construction, which is a temporary impact. The project will not result in the removal or destruction of large quantities of vegetation or fauna; substantially interfere with the movement of any resident or migratory fish or wildlife species; impact on a significant habitat area; impact a threatened or endangered species of animal or plant, or the habitat of such a species; or other significant adverse impacts to natural resources. 'The project is located in an urban area and is not within or adjacent to a Critical Environmental Area and will therefore, not impair the environmental characteristics of a Critical Environmental Area. The project will not have a major change in the quantity or type of energy used. The expansion of an existing manufacturing line will consume additional energy; however, it is not a significant amount and would not change the type of energy used. The project will not create a hazard to human health. There are no anticipated impacts form the expansion of a product line. The project will not create a substantial change in the use, or intensity of use, of land including agricultural, open space or recreational resources, or in its capacity to support existing uses. The project w not encourage or attract a large number of people to a place or places for more than a few days, compared to the number of people who would come to such place absent the action. The project will not create a material demand for other actions that would result in one of the above consequences. The project will not involve changes in two or more elements of the environment, no one of which has a significant adverse impact on the environment, but when considered together result in a substantial adverse impact on the environment. The project does not include two or more related actions undertaken, funded or approved by an agency, none of which has or would have a significant impact on the environment, but when considered cumulatively would meet one or more of the criteria in 6 NYCCR 617.7(C)(1). For further information relative to this Negative Declaration, contact Ms. Nadine Marrero, Director of Planning, Room 902 City Hall, Buffalo, New York 14202,(726)851 -5029 ADOPTED FROM THE OFFICE OF STRATEGIC PLANNING NO. 58 AMEND DESIGNATE DEVELOPER AGREEMENT BETWEEN THE CITY OF BUFFALO AND CB EMMANUEL REALTY LLC & BARNES REAL ESTATE GROUP AS DEVELOPER FOR FORMER SCHOOL NO. 63 LOCATED AT 91 LISBON (PROPERTY) UNIVERSITY DISTRICT Pursuant to Item No.1691, C.C.P. 9/2/14 Your Honorable Body approved to designate CB Emmanuel Realty LLC & Barnes Real Estate Group (and /or a corporation, partnership, or other legal entity to be designated by CB Emmanuel Realty LLC & Barnes Real Estate Group and approved by the City of Buffalo, Office of Strategic Planning). The Office of Strategic Planning is requesting that the following terms in the designation be amended: 1. The designation period shall be amended from 6 months to 12 months, with the option of the Executive Director of Strategic Planning to extend the designation period for an additional 12 month period. In the original designation there was a term that indicated that the designation fee shall be applied as a credit towards the Purchase Price. This term shall be deleted from the designation, since the Developer has agreed to maintain the exterior grounds in the form of snow and ice removal, grass cutting & cleaning (i.e. Miscellaneous blowing of garbage, bottles, etc.) and exterior securing of windows. 3. All other terms and conditions, pursuant to Item No. 1691, C.C.P. 9/2/14 shall remain the same. The Developer currently proposes to convert the Property into forty -seven (47) residential units and a community and /or commercial space for lease on the ground floor. The residential units are comprised of one (1), two (2) and three (3) bedroom units for veterans, moderate and middle income individuals /families. The City of Buffalo may terminate this designation should the Developer fail to meet any of the deadlines set forth above and the terms outlined in Item No. 1691, C.C.P. 9/2/14. Should the City elect to terminate this designation on or before the end of the designation period for failure by the Developer to comply with the above conditions, the City will give written notice to the Developer via certified mail and allow the Developer seventy - two (72) hours to cure. The designation will expire 12 months from the date the Common Council approves the designation, unless the additional 12 month period is agreed upon by the Executive Director of the Office of Strategic Planning. I am requesting that your Honorable Body amend the terms of the designation to CB Emmanuel Realty, LLC & Barnes Real Estate Group (and /or a corporation, partnership, or other legal entity to be designated by Developer and approved by the Office of Strategic Planning) as mentioned above; authorize the Corporation Counsel's Office to prepare the necessary agreements for the development of the Property; and forward to the Common Council for final approval agreements for the transfer of title. Mr. Smith moved: That the above item be, and the above communication from the Office of Strategic Planning, Division of Real Estate, dated January 15, 2015, be received and filed; That the Common Council hereby amends the terms of the designation of CB Emmanuel Realty LLC & Barnes Real Estate Group ( "Developer ") as Developer and /or a corporation, partnership, or other legal entity to be designated by CB Emmanuel Realty LLC & Barnes Real Estate Group of former School No. 64, located at 91 Lisbon (the "Property ") as follows: 1. The designation period shall be amended from six (6) months to twelve (12) months, with the option of the Executive Director of Strategic Planning to extend the designation period for an additional twelve (12) month period. 2. In the original designation, there was a term that indicated that the designation fee shall be applied as a credit towards the purchase price. This term shall be deleted from the designation, since the Developer has agreed to maintain the exterior grounds in the form of snow and ice removal, grass cutting and cleaning (i.e., miscellaneous blowing of garbage, bottles, etc.) and exterior securing of windows. 3. All others terms and conditions, pursuant to Item No. 1691, C.C.P., Sept. 2, 2014 shall remain the same. 4. The City of Buffalo may terminate this designation should the Developer failed to meet any of the deadlines set forth above and in the terms outlined in Item No. 1691, C.C.P., Sept. 2, 2014. Should the City elect to terminate this designation on or before the end of the designation period for failure by the Developer to comply with the above conditions, the City will give written notice to the Developer via certified mail and allow the Developer seventy -two (72) hours to cure. 5. The designation will expire twelve (12) months from the date the Common Council approves the designation, unless the additional twelve (12) month period is agreed upon by the Executive Director of the Office of Strategic Planning. That the Common Council hereby amends the designation of CB Emmanuel Realty, LLC & Barnes Real Estate Group and /or an entity to be designated by CB Emmanuel Realty, LC & Barnes Real Estate Group as the Developer of 91 Lisbon upon the above terms and conditions; That the Common Council hereby authorizes the Corporation Counsel's Office to prepare the necessary agreements for the development of the Property; and forward to the Common Counsel for final approval of the agreement for the transfer of title. PASSED AYES — 9 NOES - 0 NO. 59 NEW YORK STATE DEPARTMENT OF TRANSPORTATION REQUEST TEMPORARY EASEMENT PIN 547030201, PROC. 14349, MAP 100, PARCEL 143 (2 ELMWOOD OLD) AND PIN 5470.30, PROC. 14349, MAP NO. 99, PARCEL NO. 142 (1548 ELMWOOD) SCAJAQUADA CREEK ARTERIAL The Office of Strategic Planning, Division of Real Estate, has received a request for a temporary easement from the New York State Department of Transportation (NYS DOT) in conjunction with the reconstructing the Elmwood Avenue Bridge over NY Route 198 and Scajaquada Creek. PIN 5470030201, Proc. 14349, Map No. 100, Parcel 143, which is 2 Old Elmwood consisting of approximately 10,396 sq. ft. The easement runs approximately 146' south along Elmwood Avenue and then runs approximately 97' east. At that point the taking runs further east at an angle for approximately 65'. The Compensation of $8,325 being offered by the NYSDOT for the temporary easement for a 2 year period includes cost of land improvements consisting of grass, asphalt parking, granite curbing and trees. PIN 547030201, Proc. 14349, Map 99, Parcel 142, which is 1548 Elmwood consisting of approximately 26,119 sq. ft. The easement runs 32.5 feet east of Nottingham Terrace and 134.6 ft. south along Elmwood Avenue. The Compensation of $13,075 being offered by the NYSDOT for the temporary easement for a 2 year period and also includes costs of land improvements consisting of grass, scrub vegetation, various trees and multi -use asphalt. The Department of Public Works, Parks & Streets, Buffalo Sewer Authority, the Land Use Planning Committee and the Corporation Counsel's Office were contacted and they had no objections. The documentation that was received by NYS DOT on how they arrived at their offer was submitted to the City of Buffalo Appraisal Review Board and the Board concurs with their values $8,325 for the temporary easement located at 2 Old Elmwood and $13,075.00 for the temporary easement at 1548 Elmwood. I am recommending that Your Honorable Body approve the offer of $8,325.00 from NYS DOT for the acquisition of the temporary easement for use of a portion of 2 Old Elmwood (approx. 10,396 sq. ft.) and $13,075 for a portion of 1548 Elmwood (approx.. 26,119 sq. ft.). I am further recommending that the Corporation Counsel review the Agreement of Adjustment and Release of Owner and the Agreement for Advance Payment, and if acceptable, that the Mayor be authorized to execute the same. Mr. Smith moved: That the above item be, and the above communication from the Office of Strategic Planning, Division of Real Estate, dated January 12, 2015, be received and filed; and That the Common Council hereby authorizes the Office of Strategic Planning, Division of Real Estate, to enter into a temporary easement agreement between the City of Buffalo and the New York State Department of Transportation ( NYSDOT) in conjunction with the reconstruction of the Elmwood Avenue Bridge over NY Route 198 and Scajaquada Creek. The NYSDOT will compensate the City $8,325.00 for the temporary easement for a two (2) year period for the parcel at 2 Old Elmwood for the cost of land improvements consisting of grass, asphalt parking, granite curbing and trees, and $13,075.00 for the temporary easement for a two (2) year period for the parcel at 1548 Elmwood for the costs of land improvements consisting of grass, scrub vegetation, various trees and multi -use asphalt; That the Common Council hereby approves the offer of $8,325.00 for the temporary easement located at 2 Old Elmwood and $13,075.00 for temporary easement of 1548 Elmwood; and that the Corporation Counsel is hereby authorized to review the Agreement &Adjustment and Release of Owner and the Agreement for Advance Payment, mad that the Mayor be authorized to execute same. PASSED AYES — 9 NOES — 0 NO. 60 REPORT OF SALE 6 EIGHTEENTH - VACANT LOT N COR RI LOT SIZE: 100'X 60' ASSESSED VALUE: $6,000 (NIAGARA DISTRICT) The Office of Strategic Planning, Division of Real Estate has received a request from John Bauda on behalf of Urban Roots Community Garden Center, 426 Rhode Island, Buffalo, New York 14202 to purchase 6 Eighteenth Street. Urban Roots owns property in the surrounding area. They would like to purchase the lot for additional garden space. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale of these properties. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. A market analysis performed by the Division of Real Estate showing similar sales in the area range from Seventy Cents ($70) to One Dollar Fifty Cents ($1.50) per square foot. Mr. Bauda has agreed and is prepared to pay One Dollar ($1.00) per square foot for a total of Six Thousand Dollars ($6,000) for the above referenced property. He has also agreed to pay for the cost of the transfer tax and recording fee I am recommending that Your Honorable Body approve the sale of 6 Eighteenth Street for the amount of Six Thousand Dollars ($6,000) to Urban Roots Community Garden Center. I am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 61 REPORT OF SALE - 1257 GENESEE- VACANT LOT 36'W KEIFER LOT SIZE: 113'X 111' ASSESSED VALUATION: $13,600 (FILLMORE DISTRICT) REPORT OF SALE- 1269 GENESEE -ONE STORY SMALL STRUCTURE W COR KEIFER LOT SIZE: 36'X 166' ASSESSED VALUATION: $20,000 (FILLMORE DISTRICT) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Mian I Ahmad 124 Sobieski. Buffalo, New York 14212 to purchase 1257 and 1269. Genesee. Mr. Ahmad will renovate the dwelling for use as Wholesale /retail space and the lot for customer parking. They have estimated the cost of renovations to be Twenty Five Thousand Dollars ($25,000) that has been reviewed by the Division of Real Estate. Mr. Ahmad has provided proof of financial ability to complete the purchase and repair the property. The Office of Strategic planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser, The property was appraised by G.A.R. Associates, Inc. to estimate the fair market value of 1257 and 1269 Genesee Street. The Fair Market Value was estimated to be Twenty Five Thousand Dollars ($25,000). The City of Buffalo Appraisal Review Board reviewed the appraisal report and concurs with the appraiser's estimate of value. January 13,2015 Report of Sale 1257 and 1259 Genesee Mr. Mian I Ahmad has agreed and is prepared to pay Twenty Five Thousand Dollars ($25,000) for the subject property. He has also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 1257 and 1269 Genesee Street in the amount of Twenty Five Thousand Dollars ($25,000) to Mr.Ahmad. I am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 62 REPORT OF SALE 249 OLYMPIC -TWO FAMILY 96'S CONNELLY LOT SIZE: 32'X 127' ASSESSED VALUE: $5,000 (MASTEN DISTRICT) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Khani James, 1133 Delavan Avenue, Buffalo, New York 14215 to purchase 249 Olympic. Mr. James will renovate the dwelling for use as his primary residence and income property. He has estimated the cost of renovations to be Sixteen Thousand Seven Hundred Fifty Five Dollars ($16,755) that has been reviewed by the Division of Real Estate. Mr. James has provided proof of financial ability to complete the purchase and repair the property. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale of these properties. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. Mr. James has agreed and is prepared to pay Ninety Four Cents ($.94) per square foot for a total of Three Thousand Eight Hundred Dollars ($3,800) for the above referenced property. He has also agreed to pay for the cost of the transfer tax and recording fees. am recommending that Your Honorable Body approve the sale of 249 Olympic for the amount of Three Thousand Eight Hundred Dollars ($3,800) to Mr. James. I am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 63 REPORT OF SALE 136 STANISLAUS- VACANT LOT 66 W SWEET LOT SIZE: 28'X 102' ASSESSED VALUE: $1,400 (FILLMORE DISTRICT) REPORT OF SALE 140 STANISLAUS - VACANT LOT 36'W SWEET LOT SIZE: 30'X 104' ASSESSED VALUE: $1,500 (FILLMORE DISTRICT) REPORT OF SALE 144 STANISLAUS - VACANT LOT WEST COR SWEET LOT SIZE 36'XL 06' ASSESSED VALUE: $1,800 (FILLMORE DISTRICT) The Office of Strategic Planning, Division of Real Estate has received a request from Syed Ahmed, 52 Walden Avenue, Buffalo, New York 14211 to purchase 136,140 and 144 Stanislaus Street. Mr. Ahmed would like to purchase the lots for the construction of a new home. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale of these properties. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. A market analysis performed by the Division of Real Estate showing similar sales in the area range from Forty Cents ($.40) to Seventy Five Cents ($.75) per square foot. Mr. Ahmed has agreed and is prepared to pay Sixty Cents ($.60) per square foot for each parcel for a total of Six Thousand Dollars ($6,000) for the above referenced properties. He has also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 136, 140, 144 Stanislaus for the amount of Six Thousand Dollars ($6,000) to Mr. Syed Ahmed. I am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. Mr. Smith moved: That the above item be, and the above communication from Office of Strategic Planning, Division of Real Estate, dated January 14, 2015, be received and filed; That the offer from Syed Ahmed of 52 Walden Avenue, Buffalo, New York 14211, in the amount of Six Thousand Dollars ($6,000.00) for the purchase of 136 Stanislaus, 140 Stanislaus and 144 Stanislaus be and hereby is accepted; 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 FROM THE COMPTROLLER NO. 64 AUDIT OF THE BROADWAY MARKET RENTAL REVENUE Attached please find the audit report on the Broadway Market Rental Revenue. RECEIVED AND FILED NO. 66 INTERFUND LOAN 2013 -2014 CAPITAL BUDGETS The Administration has requested that you approve an interfund cash loan from the General Fund to the City's Capital Projects Fund in the amount of $80,000 against the 2014 City Capital Improvement Budget for the project listed below. The loan will be repaid when BANs or Bonds are issued in Fiscal Year 2014 -15. FROM TO ACCOUNT REPAYMENTDATE TOTAL General Fund Capital Projects Fund Community Centers Improvements 38324406 April 2015 80,000 As part of the policy set forth in the Comptroller's Estimate & Report, we will only issue debt for Capital Improvement Budget projects that are ready to begin expending funds. In order to fund projects that become shovel -ready before the next capital debt issuance, the City can utilize interfund loans. Pursuant to the City's Capital Budget /Debt Management Policy, the City intends to issue Bonds or BANs for City Projects during the 2014 -15 Fiscal Year. The remaining 2013 and 2014 Capital Budget Projects, which were not funded in the April 2014 Bond /BAN sale, that can be interfund loaned and included in the 2014 -2015 debt issue will be limited to $10,094,717. Currently, there are eleven City projects with an interfund loan amount of $5,465,868 outstanding. If this current request is approved, the City will be committed to $5,545,868' in projects. Figures available for review in the City Clerk's Office 'Please be advised that once an interfund loan has been approved, the City is committed to the total cost regardless of the amount advanced. Mr. Smith moved: That the above item be, and the above communication from the Department of Audit and Control /Comptroller, dated January 15, 2015, be received and filed; and That the Common Council hereby approves an interfund cash loan from the General Fund to the City's Capital Projects Fund in the amount of $80,000.00 against the 2014 City Capital Improvement Budget for Community Centers Improvements. The loan will be repaid when BANs or Bonds are issued in Fiscal Year 2014 -15. PASSED AYES — 9 NOES — 0 NO. 66 INTERFUND CASH LOAN Certain Federal and State aided programs require a cash advance until the program is operating and reimbursement is received. I have reviewed the program listed below and determined the cash needs to be warranted. I have approved an interfund cash loan to be made in the maximum amount of $68,000.00 as needed subject to your approval. Loan is payable at date of reimbursement. FROM: 1000 - General Fund TO: 3222 - NYS Help America Vote Act Grant Title: NYS Help America Vote Act (HAVA) GRANT AGENCY: Erie County Board of Elections GRANT AMOUNT: $68,000.00 LOAN AMOUNT: Maximum of $68,000.00 Estimated Date of Repayment: June 30, 2025 Mr. Smith moved: That the above item be, and the above communication from the Department of Audit and Control /Comptroller, dated January 13, 2015, be received and filed; and That the Common Council hereby approves an interfund cash loan in the amount of $68,000.00 for the NYS Help America Vote Act from the Erie County Board of Elections. The loan is payable at the date of disbursement: PASSED AYES 9, NOES 0 NO. 67 2014 POPULAR ANNUAL FINANCIAL REPORT In an effort to share Buffalo's financial information in a user - friendly format, the Department of Audit and Control has issued the City's 2014 Popular Annual Financial Report, which is attached. Every year we issue our audited financial statements in a 164 -page document known as the Comprehensive Annual Financial Report. Without an accounting or financial background, it can be daunting for the average citizen to interpret the vast amounts of data in that report. So we took the most important information and presented it in a clear, concise way. In addition to financial data, the Popular Annual Financial Report contains information on the city's demographics, economic development, business climate, and higher education system. Last year's Popular Annual Financial Report, the City's first ever, received an Award for Outstanding Achievement in Popular Annual Financial Reporting from the Government Finance Officers Association (GFOA) of the United States and Canada. We have submitted this 2014 Popular Annual Financial Report to the GFOA for consideration for the same award. Hard copies are available in my City Hall office, Room 1225, or electronically at: www.city- buffalo.com /comptroller If any of your constituents would like hard copies mailed to their home, please contact my office at 851 -5290. RECEIVED AND FILED FROM THE PRESIDENT OF THE COUNCIL NO. 68 CONCERNS FATALITIES AMONG LAW ENFORCEMENT Dear Honorable Golombek and Scanlon: Thank you for your recent letter dated 1/13/15 that was filed with the Clerk's office concerning Resolution #2567, unfortunately I have never received a mailed, hand - delivered or any other notification about this letter until its filing. I would have gladly answered any of your concerns or responded to the insightful statistics that you provided. It is with the same statistical view that resolution #2567 was filed. As you noted in your letter the increase in fatalities among law enforcement and other valuable data pertaining to our very brave and capable law enforcers across the country. Someone had to gather the data, disaggregate the data, study the data and then articulate it for your later use. Resolution #2567 is intended to do the same exact thing. Historically when there are groups of people who have felt that a system is not functioning properly there is almost always an "us" against "them" response, this has not been the case on the Council's side nor personally. For the record, as I stated the last time this was publically brought up, 1 100% have, will and continue to support our Police Department and all police departments. I am a veteran and a former U.S. Air Force Police officer, I respect their job and their life's commitment and I will not allow any hint that this Council nor I feel otherwise. We have said it publically and privately, to even suggest in your letter" It should never be acceptable to degrade, malign or slander our Buffalo Police Officers with disrespectful demonstrations ", in a letter written to me raises a concern that you are suggesting that the peaceful, working together rallies that I have personally witnessed were degrading. If this is not your suggestion, I am not sure why it was included in a letter to me. Every Councilmember on this Council has expressed their support for good police officers who do their jobs fairly and without bias, but it does not mean that we should abrogate our duties when concerns arise. It is our job to respond to public concern and to make systems better - FOR EVERYONE. During the height of the civil rights movement when people expressed concern and wanted things better it turned into a fight against instead of a fight for. I will fight to my death for the rights of all people, including police to be treated fairly, without prejudice and with respect. A constitutionally held right to protest does not signal disrespect, it often signals a clarion call to make things better. I have worked long and hard to bring peace and unity in our city. I have worked openly to ensure that citizens, employees, businesses and visitors know that I and the Common Council see past color, economic status and other things that horribly separate us. I trust that no one would use the issue of attempting to gather statistics, to do the same exact thing that you had the liberty and information to do in your letter to me, as a point to divide people and pit them against each other, when working together works best. I gladly accept the amendments that you both have proposed. In answer to your question why the Concerned Clergy Coalition of Western New York and the National Federation for Just Communities were asked to speak before the Common Council is because: 1) The Clergy have been the most visible organized group in our city on this issue and 2) The Just Communities have been one of the leading agencies of positive change among people of different opinions, religions and issues. As the author of resolution #2567, 1 went from my knowledge base. Is there is another group you would like included? I welcome them; this is not an exclusive resolution. Usually these are the things that are discussed in committee where the resolution currently is open, but I accept the question and the offer the answer here. I am available to continue the conversation as to how we ensure that the rights of police, people and pets are protected. I appreciate your passion and compassion and look forward to working together to help our city and its people to become closer because we are not afraid to hear the other hearts, protests and concerns and make adjustments where necessary. May God bless and protect our police officers, citizens and this honorable council. Sincerely and humbly, Darius G. Pridgen Ellicott District Councilmember Buffalo Common Council President REFERRED TO THE SPECIAL COMMITTEE ON POLICE OVERSIGHT FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO. 69 PERMISSION TO ENTER INTO AGREEMENT WITH NYSDOT BRIDGE REPLACEMENT PROJECT PIN 5470.30 NORTH / DELAWARE DISTRICT Permission is requested from Your Honorable Body to authorizing the Mayor and or the Commissioner of Public Works, Parks and Streets as appropriate to enter into all necessary agreements with the New York State Department of Transportation ( NYSDOT) in connection with Replacement of Elmwood Avenue Bridge over Scajaquada Expressway (NY ROUTE 198) Project. Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated January 14, 2015, be received and filed; and That the Common Council hereby authorizes the Mayor and /or the Commissioner of the Department of Public Works, Parks and Streets to enter into all necessary agreements with the New York State Department of Transportation ( NYSDOT) in connection with the Replacement of the Elmwood Avenue Bridge over the Scajaquada Expressway (NY Route 198) Project. PASSED AYES 9, NOES 0 NO. 70 PERMISSION TO PURCHASE PACKER BODIES The department of Public works is requesting permission to purchase five (5) packer bodies contract # 7614 $354,670.00 @ 70,934.00 ea (5) groeneveld lubrication systems for above @ 3,960.00 ea 19,800.00 TOTAL 374,470.00 Funds for this purchase will come out of 37304106 - 455100 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 January 15, 2015, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to purchase five (5) packer bodies, in the amount of $354,670.00; and five (5) groeneveld lubrication systems for the packer bodies, in the amount of $19,800.00. Funding is available in Account #37304106 - 445100. PASSED AYES 9, NOES 0 NO. 71 PERMISSION TO APPROVE THE SCRAP OF VEHICLES AND TRANSFER VEHICLES FROM POLICE TO PUBLIC WORKS, PARKS, AND STREETS Permission is hereby requested from Your Honorable Body to dispose of the following vehicles by means of salvage: B -94 -S 2001 Ford Pickup Ranger P -325 -S 2003 Ford Crown Victoria The above listed vehicles are damaged, obsolete, and irreparable. They have been determined to be unsafe and not road worthy. Permission is hereby requested from Your Honorable Body to accept the transfer of the following three vehicles from the Department of Police to the Department of Public Works, Parks and Streets: P769 2007 Crown Victoria P772 2007 Crown Victoria P773 2007 Crown Victoria The above listed vehicles are no longer needed in the Department of Police as a result of fleet upgrades. The Department of Public Works, Parks, and Streets will utilize these vehicles for its supervisors during working hours. These vehicles will not be take home. Utilizing these existing vehicles will defer the costs of purchasing of new vehicles and save the City money. Mr. Smith moved: That the above item be, mad the above communication from the Commissioner of the Department of Public Works, Parks and Streets, dated January 7, 2015, be received and filed; That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to dispose of the following vehicles as they have been deemed damaged, obsolete and irreparable, and have been determined to be unsafe and not road worthy: • B -94 -S 2001 Ford Pickup Ranger • P -325 -S 2003 Ford Crown Victoria That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to accept the transfer of the following vehicles from the Department of Police to the Department of Public Works, Parks and Streets: • P769 2007 Crown Victoria • P772 2007 Crown Victoria • P773 2007 Crown Victoria The above - listed vehicles are no longer needed in the Department of Police as a result of fleet upgrades. The Department of Public Works, Parks and Streets will utilize these vehicles for its supervisors during working hours. These vehicles will not be take -home vehicles. PASSED AYES 9, NOES 0 NO. 72 PERMISSION TO EXTEND VETERINARY SERVICES CONTRACT Permission is hereby requested from Your Honorable Body to extend the contract with Buffalo Small Animal Hospital for veterinary services provided to the City of Buffalo Animal Shelter that expired June 30, 2014. This extension would be on a month -to -month basis and not to exceed March 31, 2015, to allow the City to evaluate responses to the request for proposals and award a new contract for these services. Buffalo Small Animal Hospital currently services the City of Buffalo Animal Shelter and have agreed to hold their prices throughout the requested extension time period. I recommend that your Honorable Body authorize the Commissioner of Public Works, Parks and Streets to enter into an extension agreement. Funds for this contract are available in 15203006 - 432002. 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 January 7, 2015, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to extend the contract with the Buffalo Small Animal Hospital for veterinary services provided to the City of Buffalo Animal Shelter. The current contract expired on June 30, 2014. This extension would be on a month -to -month basis, and not to exceed March 31, 2015, to allow the City to reissue a Request for Proposals (RFP) for these services. Funds for this contract are available in Account #15203006 - 432002. PASSED AYES 9, NOES 0 NO. 73 APPOINT DEPUTY COMMISSIONER OF DPW, BLDGS & ENERGY MNGT(SONUBI) Certificate of Appointment Appointment Effective: 1/20/15 in the Department of Public Works, Parks & Streets Division of Buildings to the Position of Dep. Commissioner of DPW, Buildings & Energy Management Exempt Flat Starting salary of $70,000.00 Rishawn Sonubi, 380 Walnut St, Buffalo 14204 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 74 APPOINT EQUIPMENT OPERATOR(PROV)(INTER)(VANCE JR) Certificate of Appointment Appointment Effective: 1/12/15 in the Department of Public Works, Parks & Streets Division of Streets to the Position of Equipment Operator Provisional Promotional Intermediate Starting salary of $27,031.00 Kevin Vance Jr., 85 Dartmouth, Buffalo 14215 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF POLICE NO. 76 ACCEPTANCE OF DONATION -NOCO FOUNDATION The Buffalo Police Department recently received two (2) $500.00 checks from the NOCO FOUNDATION as a donation to the Department as a token of appreciation for the continued support and law enforcement efforts utilized at and around their stores and other entities in Buffalo. The Buffalo Police Department hereby requests approval and permission from your Honorable Body to accept this donation. If approved, the funds will be placed in special revenue account #71000000 210020 and then utilized to purchase equipment and other items needed specifically in the District houses to facilitate the required tasks of Officers to perform their law enforcement duties. The Buffalo Police Department hereby requests approval from your Honorable Body to accept this donation. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Buffalo Police Department, dated January 9, 2015, be received and filed; That the Common Council hereby authorizes the Commissioner of the Buffalo Police Department to accept a donation of two (2) $500.00 checks from the NOCO Foundation as a token of appreciation for the continued support and law enforcement efforts utilized at mad around their stores and other entities in the City of Buffalo. The funds will be placed in Special Revenue Account #71000000 210020, and then utilized to purchase equipment and other items needed specifically in the District housed to facilitate the required tasks of officers to perform their law enforcement duties. PASSED AYES 9, NOES 0 NO. 76 DONATION FROM HYDE FOUNDATION FOR PURCHASE OF CANINE DRUG DOG The Department of Police is requesting that your Honorable Body allow the Buffalo Police Department to accept a donation of $12,376 from the Buffalo Police Foundation, which was generously given to them by the Hyde Foundation, Inc., with a specific request to purchase a canine drug dog, to provide the necessary training for this dog, and to also purchase the essential equipment to house the dog for the Buffalo Police Department. The Hyde Foundation, Inc. has asked Buffalo Police that upon securing this addition to their Canine Team that the dog be named George the Third, after its benefactor, George H. Hyde, Jr. The Hyde Foundation has told Buffalo Police that they are interested in supporting the canine efforts of the Buffalo Police Department which helps to improve the quality of life for residents, while at the same time, ensuring officer safety. We are respectfully requesting that Your Honorable Body, once again, approve the acceptance of this gift to the City of Buffalo Police Department. If you require additional information, please do not hesitate to contact Captain Mark Makowski or Maureen Oakley of our Grants Section at (716) 851 -4475. Your attention to this matter is greatly appreciated. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Buffalo Police Department, dated January 9, 2015, be received and filed; That the Common Council hereby authorizes the Commissioner of the Buffalo Police Department to accept a donation $12,376.00 from the Hyde Foundation, Inc. for the purchase of a canine drug dog, to provide the necessary training for this dog, and to purchase the essential equipment to house the dog for the Buffalo Police Department. PASSED AYES 9, NOES 0 NO. 77 PERMISSION TO ACCEPT DCJS BYRNE JAG GRANT FUNDS New York State Division of Criminal Justice Services - Byrne Justice Assistance Grant Supplemental Funding - iPad - Technology We have been advised by the New York State Division of Criminal Justice Services (DCJS) that the City of Buffalo has been awarded $110,000, under New York State's Byrne Justice Assistance Grant Supplemental Funding, a one -time award, which is to be utilized for iPad Technology. Securing the technology under this project will involve taking the Buffalo Police Department's existing mobile police applications and interfacing them with the current applications utilized by Buffalo Police: Ent CAD, CHARMS, AVL, Arrest Booking, Case Management and a number of server software programs that manage the communication and interfaces between these programs and local and State databases. This technology is necessary because it requires making changes to existing Windows applications to add additional functionality and for making the integration with the iPads work more efficiently. The City of Buffalo already has a vendor, EM Systems, which is a single source vendor that owns the programming source code for the Buffalo Police EM Applications. Since EM Systems is the owner of the source code for the Buffalo Police EM Applications, it is therefore the only company in a position to efficiently and effectively provide the solutions that the Buffalo Police Department is looking for in order to make improvements under the Department's iPad and SmartPhone Technology Project. Because Buffalo Police does not have access to the source code, we therefore cannot use any other third party developer to make changes or enhancements to our software programs. We are requesting that your Honorable Body authorize the following: (1) For the City to accept funds totaling $110,000 from the NYS Division of Criminal Justice Services under the State's Byrne Justice Assistance Grant and for the Mayor to enter into an agreement for 12- months covering the grant period of 1/01 /2015 through 12/31/2015; (2) Authorize the City Comptroller to provide for an inter -fund cash loan for all non - personnel expenses (totaling $110,000 covering EM Systems for their professional services) until such reimbursements are secured by the funding source (NY State); (3) Authorize the City of Buffalo and Buffalo Police personnel to take other steps, including entering into such agreements as are necessary or useful in facilitating the acceptance and utilization of this grant funding. If you should have any questions, please feel free to contact Captain Mark Makowski or Lieutenant Jeffrey Rinaldo at (716) 851 -4475. Your attention to this matter is appreciated. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Buffalo Police Department, dated January 9, 2015, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Buffalo Police Department to accept funds totaling $110,000.00 from the New York State Division of Criminal Justice Services under New York State's Byrne Justice Assistance Grant (JAG) to be utilized for iPad Technology; and that the Mayor is hereby authorized to enter into an agreement for twelve (12) months covering the grant period of January 1, 2015 through December 31, 2015; and That the Common Council hereby authorizes the Comptroller to provide for an interfund cash loan for all non - personnel expenses (totaling $110,000.00, covering EM Systems for their professional services) until such reimbursements are secured by the funding source; and That the Common Council hereby authorizes the City of Buffalo and Buffalo Police Department personnel to take other steps, including entering into such agreements as are necessary or useful in facilitating the acceptance and utilization of this grant funding. PASSED AYES 9. NOES 0 NO. 78 PERMISSION TO ACCEPT 2014 DHSES TACTICAL SWAT TEAM GRANT The Buffalo Police Department continues to be successful in securing grant funding and reimbursements through various sources. As such, and in order to keep within the practices of our grant processing, especially at this time when the City has critical funding needs and various funding sources are making cuts, we are asking permission from your Honorable Body for the City to accept funding offered through the New York State Division of Homeland Security and Emergency Services, under the targeted Tactical SWAT Team Grant. New York State Division of Homeland Security and Emergency Services: Targeted Grant: Tactical SWAT Team Grant. We have been advised by the New York State Division of Homeland Security and Emergency Services, under their targeted Tactical SWAT Team Grant that the Buffalo Police Department has been awarded $90,804.00 towards the purchase of equipment, in line with the recommendations of the Federal National Counter IED Capability Analysis (NCCAD) final report: specifically, mechanical and ballistic breaching resources, and equipment to support operations within high threat tactical environments. The grant supports the purchase of specialized vests, plus required accessories ($52,250); ballistic helmets to protect responders from firearm and explosion fragments, complete with tactical communication headsets ($32,890.00); along With ultra -high intensity LED flashlights to enhance officer safely ($5,664.00). These purchases would enhance the SWAT team situational awareness within high risk environments, and allow them to safely respond to high risk calls. The Buffalo Police Department is respectfully requesting that Your Honorable Body authorize the following: (1) For the City to accept funds, totaling $90,804 from the NYS Division of Homeland Security and Emergency Services covering the grant period of 10/16/2014 through 08/31/2016; (2) Authorize the City Comptroller to provide for an inter -fund cash loan totaling $90,804 for this equipment until such City reimbursements are secured by the funding source (NY State); (3)Authorize the City of Buffalo and Buffalo Police personnel to take other steps, including entering into such agreements as are necessary or useful in facilitating the acceptance and utilization of this tactical SWAT Grant funding. If you have any questions, please contact Captain Mark Makowski or Maureen Oakley of our Grants Section at 851 -4475. Your attention to this matter is greatly appreciated, thank you. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Buffalo Police Department, dated January 9, 2015, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Buffalo Police Department to accept funds totaling $90,804 from the New York State Division of Homeland Security and Emergency Services, under their targeted Tactical SWAT Team Grant to be used towards the purchase of equipment, specifically mechanical and ballistic breaching resources, and equipment to support operations within high threat tactical environments, covering the grant period of October 16, 2014 through August 31, 2016; and That the Common Council hereby authorizes the Comptroller to provide for an interfund cash loan totaling $90,804.00 for this equipment until such City reimbursements are secured by the funding source; and That the Common Council hereby authorizes the City of Buffalo and Buffalo Police Department personnel to take other steps, including entering into such agreements as are necessary or useful in facilitating the acceptance and utilization of this grant funding. PASSED AYES 9, NOES 0 NO. 79 PERMISSION TO ACCEPT 2015 MOTOR VEHICLE THEFT - INSURANCE FRAUD GRANT FUNDS The Buffalo Police Department continues to be successful in securing grant funding through various sources. As such, and in order to keep within the practices of our grant processing, especially at this time when the City has critical funding needs and various funding sources are making cuts, we are asking permission from your Honorable Body for the Mayor to enter into the contract listed below. NYS MOTOR VEHICLE THEFT /INSURANCE FRAUD PREVENTION GRANT Buffalo Police has been awarded renewal funding under New York State's Division of Criminal Justice Services 2014 Motor Vehicle Theft and Insurance Fraud Grant. The expenditures under this grant project will cover reimbursement for a Detective ($89,000 salary/fringe) to be assigned to the General Investigation Unit which looks into all incidences of automobile thefts and insurance frauds, and works with the Buffalo Fire Marshal's Office on the investigation of arsons and correlated crimes. Funding also includes coverage for overtime (57,200) and for training and professional development (51,500). There is no City Match involved with this grant. We are requesting that your Honorable Body authorize the following: (1) For the City to accept funds totaling $97,700 from the NYS Division of Criminal Justice Services under the State's Motor Vehicle Theft and Insurance Fraud Grant and for the Mayor to enter into an agreement for 12- months covering the grant period of 1/01/2015 through 12/31/2015; (2) Authorize the City Comptroller to provide for an inter -fund cash loan for all non - personnel expenses (totaling 51,500 travel /training) until such reimbursements are secured by the funding source (NY State); (3) Authorize the City of Buffalo and Buffalo Police personnel to take other steps, including entering into such agreements as are necessary or useful in facilitating the acceptance and utilization of this grant funding. If you should have any questions, please feel free to contact Captain Mark Makowski or Maureen Oakley of the Buffalo Police Department Planning /Grants Section at (716) 851 -4475. Your attention to this matter is appreciated. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Buffalo Police Department, dated January 9, 2015, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Buffalo Police Department to accept funds totaling $97,700.00 from the New York State Division of Criminal Justice Services under New York State's Motor Vehicle Theft and Insurance Fraud Grant to be assigned to the General Investigation Unit which looks into all incidences of automobile thefts and insurance fraud, and works with the Buffalo Fire Marshal's Office on the investigation of arsons and correlated crimes, and that the Common Council hereby authorizes the Mayor to enter into an agreement for twelve (12) months covering the grant period of January 1, 2015 through December 31, 2015; and That the Common Council hereby authorizes the Comptroller to provide for an interfund cash loan for all non - personnel expenses totaling $1,500.00 travel /training until such reimbursements are secured by the funding source; and That the Common Council hereby authorizes the City of Buffalo and Buffalo Police Department personnel to take other steps, including entering into such agreements as are necessary or useful in facilitating the acceptance and utilization of this grant funding. PASSED AYES 9. NOES 0 NO. 80 PERMISSION TO ACCEPT 2015 -2016 OPERATION PROTECT KIDS -YOUTH TOBACCO ENFORCEMENT GRANT The Buffalo Police Department continues to be successful in securing grant funding through various sources. As such, and in order to keep within the practices of our grant processing, especially at this time when the City has critical funding needs and various funding sources are making cuts, we are asking permission from your Honorable Body for the Mayor to enter into the contract listed below. OPERATION PROTECT KIDS (Youth Tobacco Enforcement Grant) - The County continues to run this grant to coincide with the State's fiscal year, which will end on March 31, 2016. Under this renewal agreement, the County will reimburse the City of Buffalo a minimum of 545.00 for every completed compliance check of merchants who sell tobacco products. Using underage operatives as decoys, compliance checks will be conducted to see if active enforcement of New York State Public Health Laws reduces the availability of tobacco to minors. Another focus of this project has been to educate local business owners with licenses to sell tobacco products within the law, and how this law must be enforced. Merchants who have been found violating this law and allowed the operative to purchase tobacco products, will be subjected to penalties imposed by the Health Department, which may include fines. The City of Buffalo will receive 50% of any fines levied in order to continue the efforts to reduce tobacco sales to minors. We are requesting authorization for the following: (1) For the City to accept funds from the County of Erie and for the Mayor to enter into an under a Memorandum Of Understanding with the County of Erie Department of Health to reduce the availability of tobacco products to children; (2) Authorize the City of Buffalo and Buffalo Police personnel to take other steps deemed as are necessary or useful in facilitating the acceptance and utilization of the Operation Protect Kids grant funding. If you should have any questions, please contact Captain Mark Makowski or Maureen Oakley of our Planning /Grants Section at 851 -4475. Your attention to this matter is appreciated. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Buffalo Police Department, dated January 9, 2015, be received and filed; and That the Common Council hereby authorizes the Commissioner of Police to accept grant funds from the County of Erie for Operation Protect Kids, Youth Tobacco Enforcement Grant; and That the Common Council hereby authorizes the Mayor to enter into a Memorandum of Understanding with the County of Erie Department of Health to reduce the availability of tobacco products to children; and that the Common Council hereby authorizes the City of Buffalo and Buffalo Police personnel to take other steps, including entering into such agreements as are necessary or useful in facilitating the acceptance and utilization of the Operation Protect Kids grant funding. PASSED AYES 9. NOES 0 NO. 81 PERMISSION TO ACCEPT 2014 -2015 REIMBURSEMENTS LAW ENFORCEMENT PARTNERS The Buffalo Police Department continues to be successful in securing grant funding and reimbursements through various sources. As such, and in order to keep within the practices of our grant processing, especially at this time when the City has critical funding needs and various funding sources are making cuts, we are asking permission from your Honorable Body for the City to accept overtime reimbursement funds and for the Mayor to enter into an agreement with our various Federal Law Enforcement Partners (DEA, FBI, US Marshals, New York State Police, Immigration /Customs /Border Patrol) covering the period October 1, 2014 through September 30, 201.5. Since we have received information from these agencies that we can move forward with our reimbursements, we would appreciate your approval at the January 20, 2015 meeting. POLICE REIMBURSEMENTS FROM VARIOUS LAW ENFORCEMENT PARTNERS: The Buffalo Police Department will be securing reimbursement from the DEA for overtime worked by 2 dedicated Detectives assigned there, along with another assigned to the Upstate Diversionary Task Force (approximately $52,123) working on major drug cases, along with reimbursement from the FBI for any overtime worked by the Detectives assigned to the Joint Terrorism Task Force, the Safe Streets Task Force, and the Cyber Task Force, which to date, will not exceed an additional $69,497. In addition, this year, we will continue to have Detectives assigned to the US Marshal's Violent Felony Warrant Squad and will be reimbursed up to a maximum of $30,000 for overtime expenditures; along with reimbursements coming from our Department's participation at US Customs (between $20,000 - $28,000); Regional Crime Forensics Lab (maximum of $17,374); High Intensity Drug Traffic Areas (maximum of $17,374); New York State Police "Spider" Operations and Immigration /Border Patrol Operations through Department of Homeland Security (amount varies annually); joint Organized Crime Drug Enforcement Task Force Operations with both the DEA and possibly the FBI (once again, the amount varies annually); and Police Lifesaver Patrols (between $5,000410,000). If you have any questions, please contact Captain Mark Makowski or Maureen Oakley of our Grants Section at 851 -4475. Your attention to this matter is greatly appreciated Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Buffalo Police Department, dated January 9, 2015, be received and filed; and That the Common Council hereby authorizes the Commissioner of Police to accept overtime reimbursement from the Drug Enforcement Agency, Federal Bureau of Investigation, US Marshals, New York State Police, and Immigration, Customs and Border Patrol in the amounts set forth in the communication to the Common Council. PASSED AYES 9, NOES 0 NO. 82 PERMISSION TO ACCEPT 2014 STATE HOMELAND SECURITY FUNDING The Buffalo Police Department continues to be successful in securing grant funding through various sources. As such, and in order to keep within the practices of our grant processing, especially at this time when the City has critical funding needs and various funding sources are making cuts, we are asking permission from your Honorable Body for the Mayor to enter into the contract listed below. STATE HOMELAND SECURITY FROG FUNDING (SHSP) REPLACES URBAN AREA SECURITY INITIATIVE (UASI) FOR 2014 The City of Buffalo, County of Erie, and Niagara County continue to remain off the list of cities who receive 2014 Urban Area Security Initiative (UASI) funding by the US Department of Homeland Security, along with the upstate municipalities of Rochester, Syracuse and Albany (only UASI funded region in NY was New York City). There is an effort to try to put cities like Buffalo, back on the list, however, many other Tier II cities continue to be cut and are still not receiving UASI Funding. As such, the Federal Department of Homeland Security continues to award State Homeland Security Program Funds (SHSP) to New York State's Department of Homeland Security and Emergency Services, who then in turn, passes them along to the various counties in New York State. Because of what has happened to upstate with the UASI funding and also, because under UASI we operate as a region, the State has decided that out of the 2014 SHSP funding they are awarding to Erie and Niagara Counties this year, Buffalo will receive a consensual share of $352,651, close to a 10% increase over last year's allocation. This funding will be utilized for the continued expansion of the City's crisis management initiative which includes the development of quick action plans for first responders (data based development in various key buildings that includes information about staging areas, resources on site, contact names, etc) and also allows for the development of data related to infrastructure diagramming of critical infrastructure (entrances, exists, stairwells, etc.) for event response plans. This funding will also be utilized for technology which provides the funding for mobile data terminals which need to be upgraded to handle the active shooter and crisis management applications. The award also includes funding continue with the City's citizen preparedness coordination and activities. We are requesting that your Honorable Body authorize the following: (1) For the City to accept funds totaling $352,651 from the NYS Division of Criminal Justice Services under the State's Byrne Justice Assistance Grant and for the Mayor to enter into an agreement covering the grant period of 09/01/2015 through 08/31/2016; (2) Authorize the City Comptroller to provide for an inter -fund cash loan for all non - personnel expenses (totaling 5327,061 covering equipment, citizen preparedness services, active shooter /quick action plan services) until such reimbursements are secured by the funding source (NY State); (3) Authorize the City of Buffalo and Buffalo Police personnel to take other steps, including entering into such agreements as are necessary or useful in facilitating the acceptance and utilization of this grant funding. If you should have any questions, please contact Captain Mark Makowski or Maureen Oakley of our Planning /Grants Section at 851 -4475. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Buffalo Police Department, dated January 9, 2015, be received and filed; and That the Common Council hereby authorizes the Commissioner of Police to accept funding in the amount of $352,651.00 from the New York State Division of Criminal Justice Services under the State's Byrne Justice Assistance Grant; and that the Mayor is hereby authorized to enter into an agreement covering the grant period of September 1, 2015 through August 31, 2016; and That the Common Council hereby authorizes the Comptroller to provide for an interfund cash loan for all non - personnel expenses (totaling $327,061.00, covering equipment, citizen preparedness services, active shooter /quick action plan services) until such reimbursements are secured by the funding source; and That the Common Council hereby authorizes the City of Buffalo and Buffalo Police Department personnel to take other steps, including entering into such agreements as are necessary or useful in facilitating the acceptance and utilization of this grant funding. PASSED AYES 9, NOES 0 NO. 83 DRUG ASSET FORFEITURE ANNUAL CERTIFICATION REPORT AND AUDIT FOR FISCAL YEAR ENDING JUNE 30, 2014 Enclosed please find the completed audit report and certification report for the fiscal year ended June 30, 2014. This report is being filed with your Honorable Body as an informational item. If you have any questions regarding the above mentioned, please contact Inspector Joseph Strano at 851 -4879 or Sr. Budget Examiner John Stanchak at 851 -5903. REFERRED TO THE COMMITTEE ON POLICE OVERSIGHT NO. 84 DRUG ASSET FORFEITURE WIRE TRANSFERS ITEM# 104, CCP 2/2/88 14 -DEA- 594228 C2 -13 -0073 4,445.00 14-DEA-596229 C2 -14 -0095 2,181.60 14 -DEA- 599513 C2 -14 -0092 1,870.80 14 -DEA- 597956 C2 -14 -0110 1,561.50 14 -DEA- 597528 C2 -14 -0104 1,374.00 14 -DEA- 598263 C2 -14 -0113 1,443.00 DEA TOTAL $12,875.90 The Drug Enforcement Administration (DEA), U.S. Customs and /or the FBI has administratively forfeited the above referenced property. The funds were received by this Department through wire transfers and duly deposited in the Trust & Agency Account, #20010000 - 389001. These funds will be placed into one or more of the following accounts as deemed necessary by the Commissioner of Police: Educational Training /Seminar, Confidential Funds, Materials and Supplies, Firearms and Weapons, Communications and Computers, Electrical Surveillance, Purchase of Services, Improvements, Vehicles, Operating Equipment If you have any questions regarding the above mentioned, please contact Inspector Joseph Strano at 851 -4624. RECEIVED AND FILED NO. 85 REQUEST TRANSFER OF CITY OWNED PROPERTY The Buffalo Police Department is requesting approval from your Honorable Body to transfer Departmental property, namely K -9 dog "Duke" to his handler Police Officer Dennis Kessler. Due to the K -9's age (8 years old) and health, and the fact that Officer Kessler is transferring out of K9 unit, it has been determined that the dog is no longer able to fulfill the requirements of a Buffalo Police K -9 Corp dog. The K -9 is presently assigned to Officer Kessler, is presently in his custody, and has been assigned to him since 2012. Per the attached document, Officer Kessler will maintain full responsibility for Duke. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Buffalo Police Department, dated December 30, 2014, be received and filed; and That the Common Council hereby authorize the Commissioner of the Buffalo Police Department to transfer Departmental property, a K -9 dog named "Duke" to his handler, Police Officer Dennis Kessler due to the K -9'S age and health, and due to the fact that Officer Kessler is transferring out of the K -9 unit. The K -9 is presently assigned to Officer Kessler, is presently in his custody and has been assigned to him since 2012. Officer Kessler will maintain full responsibility for Duke. PASSED AYES — 9 NOES — 0 NO. 86 REQUEST TRANSFER OF CITY OWNED PROPERTY The Buffalo Police Department is requesting approval from your Honorable Body to transfer Departmental property, namely K -9 dog "Herc" to his handler Police Officer Mary Ellen Sawicki Due to the K -9's age (9 years old) and health, and the fact that Officer Sawicki has recently retired from the Buffalo Police Department, it has been determined that the dog is no longer able to fulfill the requirements of a Buffalo Police K -9 Corp dog. The K -9 is presently assigned to Officer Sawicki, is presently in her custody, and has been assigned to her since 2006, Per the attached document, Officer Sawicki will maintain full responsibility for Here. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Buffalo Police Department, dated December 30, 2014, be received and filed; and That the Common Council hereby authorize the Commissioner of the Buffalo Police Department to transfer Departmental property, a K -9 dog named "Here" to his handler, Police Officer Mary Ellen Sawicki due to the K -9's age and health, and due to the fact that Officer Sawicki has recently retired from the Buffalo Police Department. The K -9 is presently assigned to Officer Sawicki, is presently in her custody and has been assigned to her since 2006. Officer Sawicki will maintain full responsibility for Here. PASSED. AYES — 9 NOES - 0 NO. 87 APPOINT REPORT TECHNICIAN(PERM)(THIRD STEP)(VIRGIL) Appointment effective January 5, 2015 in the Department of Police, Division of Staff Operations to the position of Report Technician, Permanent at the third step of $33,941 Denise Virgil, 27 Richlawn Avenue, Buffalo, NY 14214 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE CORPORATION COUNCIL NO. 88 APPOINT ASSISTANT CORPORATION COUNCIL II(PERM)(HANNIBAL II) Appointment effective January 6, 2015 in the Department of Law, to the Position of Assistant Corporation II, Permanent at the Salary of $64,939 John J. Hannibal II, 3348 Wallace Drive, Grand Island, New York 14072 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF COMMUNITY SERVICES & RECREATIONAL PROGRAMMING NO. 89 2015 NUTRITION PROGRAM CONTRACT Nutrition Program contract between Erie County Senior Services and City of Buffalo Division of Seniors for 2015 Available for review in the City Clerk's Office Mr. Smith moved: That the above item be, and the above communication from the Department of Community Services and Recreational Programming, Division of Senior Services, dated January 8, 2015, be received and filed; That the Common Council hereby approves the nutrition contract between Erie County Senior Services and the City of Buffalo Division of Senior Services for 2015. PASSED AYES — 9 NOES — 0 FROM THE COMMISSIONER OF HUMAN RESOURCES NO 90 APPOINT COMMISSIONER OF HUMAN RESOURCES ,(EXEMPT)(HERNDON -HILL) Appointment effective December 23, 2014 in the Department of Human Resources, Division of Human Resources to the Position of Commissioner, Exempt at the Flat Salary of $91,374 Gladys Herndon -Hill, 770 W. Ferry Apt 27B, Buffalo, NY 14222 PASSED AYES — 9 NOES — 0 FROM THE BUFFALO SEWER AUTHORITY NO. 91 2013 -2014 COMPREHENSIVE ANNUAL REPORT AVAILABLE ONLINE - 2013 -2014 CSFR CAN BE DOWNLOADED Mr. Gerald Chwalinski City Clerk Clerk's Office 1308 City Hall Buffalo, NY 14202 Dear City Clerk: The Buffalo Sewer Authority's 2013 -2014 Comprehensive Annual Financial Report is now available on the Authority's website. The 2013 -2014 CAFR can be downloaded at: http: / /www.city- buffalo.com /files /1 2 1 /BSA /Intranet Files /annual report /13 - 14 CAFR.pdf The 2013 -2014 CAFR was approved by the Board of the Buffalo Sewer Authority on January 7, 2015. RECEIVED AND FILED FROM THE CITY CLERK NO. 92 APPLICATION FOR RESTRICTED USE PERMIT -69 W. CHIPPEWA 01/29/2015 DOWNTOWN ENTERTAINMENT REVIEW DISTRICT TAVERN EVENT PERMITTING ENTRY OF PATRO —S UNDER AGE 21 WHERE ALCOHOL IS SERVED Pursuant to §511 -68.6 of the Code of the City of Buffalo, the undersigned hereby makes application to the Common Council of the City of Buffalo fora permit to hold an event which will permit entry or continued presence of patrons under the age of 21 while alcohol is being served to patrons aged 21 and over. DENIED NO. 93 ITEM RETURNED TO CITY CLERK BY MAYOR WITHOUT APPROVAL OR DISAPPROVAL I hereby inform you that the following Item which was passed by the Common Council on December 23, 2014 No 2577 Waive Buffalo Museum of Science Event Fees Was presented to the Mayor on December 26, 2014, and returned to the City Clerk on January 7, 2015 without approval or disapproval Respectfully submitted RECEIVED AND FILED NO. 94 LIQUOR LICENSE APPLICATIONS Attached hereto are communications from persons applying for liquor licenses from the New York State Division of Alcohol Beverage Control Board. Address Business Name Owner's Name 1680 Elmwood Ave Pierce Arrow Maple foods Inc. 253 Allen St Dukes Bohemian Grove Bar Alfieri Duquin Inc. 965 Kensington Ave 965 Kensington Phat Catzo6fWNY Inc. RECEIVED AND FILED NO. 95 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: x Police- Dana Gordon. Dustin Johnson, Kelly Gattuso— Dustin Johnson RECEIVED AND FILED. NO. 96 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. 97 NOTICES OF APPOINTMENTS - COUNCIL INTERNS I transmit herewith appointments to the position of Council Intern. Mr. Smith moved the approval of the appointments to the position of Council Intern. ADOPTED. CERTIFICATE OF APPOINTMENT Appointment effective January 12, 2015 in the Department of Common Council, Division of City Clerk to the Position of Intern IX, Unclassified at the flat salary of $12.66/hr Tina F. Calvaneso, 468 Delaware Ave, Apt 2B, Buffalo, NY 14202 NO. 98 APPOINTMENTS - TEMPORARY, PROVISIONAL OR PERMANENT I transmit herewith Appointments in the various departments made at the Minimum (Temporary, Provisional or Permanent) (as per contract requirements). REFERRED TO THE COMMITTEE ON CIVIL SERVICE. CERTIFICATE OF APPOINTMENT Appointment effective January 5, 2015 in the Department of Police , Division of Administration and Communication to the position of Cell Block Attendant, Provisional at the minimum salary of $25,283 Adina Roosevelt, 35 Holland Place, Buffalo, NY 14209 IN4:AIIa197 AI=1111561;0:2061ON Chi 4011l Appointment effective January 5, 2015 in the Department of Police , Division of Administration and Communication to the position of Cell Block Attendant, Permanent at the minimum salary of $25,283 Domonique M. Purdue, 30 Parkridge Avenue, Buffalo, NY 14215 Thomas J. Lynch, 107 Downing Street, B7uffalo, NY 14220 Joseph R. Slomba, 149 Tennessee Street, Buffalo, NY 14204 Michael Borzllieri, 34 Ashton Place, Buffalo, NY 14210 Robin Gibson, 550 Adams Street, Buffalo, NY 14211 Crystal L. Meredith, 135 Cable Street, Buffalo, NY 14206 CERTIFICATE OF APPOINTMENT Appointment effective January 5, 2015 in the Department of Police , Division of Staff Operations to the position of Report Technician, Temporary at the minimum salary of $32,816 Carrie A Lamacchia, 487 Crescent Avenue, Buffalo, NY 14214 CERTIFICATE OF APPOINTMENT Appointment effective January 5, 2015 in the Department of Police , Division of Staff Operations to the position of Report Technician, Permanentat the minimum salary of $32,816 Joyce D. Williams, 611 Colvin Ave Apt 12, Buffalo, NY 14216 Brian F. Inglut, 166 Cushing Place, Buffalo, NY 14220 Jeanne M. Pinto, 186 Rebecca Park, Buffalo, NY 14207 Jill M. Gilmour, 11 Arbour Lane, Buffalo, NY 14220 CERTIFICATE OF APPOINTMENT Appointment effective 01/12/2015 in the Department of Parking, Division of Parking Violations Bureau to the Position of Junior Traffic Clerk, Temporary at the Minimum Salary of $30,507.00 Joelle C. Spencer, 350 Longnecker St Upper, Buffalo, NY 14206 CERTIFICATE OF APPOINTMENT Appointment effective 01 /12/2015 in the Department of Public Works, Parks and Streets, Division of Streets to the Position of Truck Driver, Temporary at the minimum salary of $23,553 Robert Palmer, 31 Philadelphia St, Buffalo, NY, 14207 CERTIFICATE OF APPOINTMENT Appointment effective 01/12/2015 in the Department of Public Works, Parks and Streets, Division of Streets to the Position of Laborer II, Temporary at the minimum salary of $23,553 Anthony Conrad, 50 Tennyson Ave, Buffalo, NY 14216 CERTIFICATE OF APPOINTMENT Appointment effective 01/12/2015 in the Department of Public Works, Parks and Streets, Division of Streets to the Position of Laborer II, Permanent at the minimum salary of $23,553 Jerome Shankin, 389 LaSalle Ave, Buffalo, NY 14215 CERTIFICATE OF APPOINTMENT Appointment effective 01 /12/2015 in the Department of Public Works, Parks and Streets, Division of Streets to the Position of Street Worker, Permanent at the minimum salary of $23,553 Freddie Walker, 62 Carl St, Buffalo, NY 14215 Larry Middlebrooks, 24 Suffolk, Buffalo, NY 14215 CERTIFICATE OF APPOINTMENT Appointment effective 01 /12/2015 in the Department of Public Works, Parks and Streets, Division of Engineering to the Position of Street Repair Worker, Permanent at the minimum salary of $23,553 James Love, 39 Sidney Street, Buffalo, NY 14211 CERTIFICATE OF APPOINTMENT Appointment effective 01 /05/2015 in the Department of Public Works, Parks and Streets, Division of Water to the Position of Senior Engineering Aide -55A, Permanent at the minimum salary of $36,812 Robert Coniglio, 75 Eden St, Buffalo, NY 14220 CERTIFICATE OF APPOINTMENT Appointment effective December 23, 2014 in the Department of Permit & Inspection Services, Division of Inspections to the Position of Building Inspector, Permanent at the First Step of $33,304 Sean Sullivan, 297 W. Delavan Ave, Buffalo, NY 14213 NON - OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON - OFFICIAL COMMUNICATIONS NO. 99 BUFFALO WATER BOARD MONTHLY REPORT -NOV 2014 Available for review in the City Clerk's Office RECEIVED AND FILED NO. 100 BUFFALO WATER BOARD MONTHLY REPORT DECEMBER 2014 Copy Available for review in the City Clerk's Office RECEIVED AND FILED NO. 101 M. CONNELLY MINUTES BUFFALO ELECTIONS COMMITTEE 10/27/2014 Buffalo Fair Elections Committee Conference Room 1417, City Hall Minutes 10/27/14 Meeting convened 5:OOpro Present: Jim Anderson, Megan Connelly, Rob Galbraith, Nate Gulley, Ellen Kennedy, Janet Massaro, Bill Nowak, Mike Raleigh I. Minutes from 12/15/14 corrected: Amend to reflect that Massaro seconded Motion 7. Minutes approved as corrected. II. Reports: a. Subcommittee on sources of funds- Bill Nowak i. A small group met to discuss potential funding streams for 2 public financing model. Bill distributed an abridged resource he found on ideas for funding a system which listed a number of revenue sources. (Full report attached) ii. Jim Anderson reported that State Comptroller Tom DiNapoli was a guest on his radio show and offered his assistance to the group. III. Old Business a. Contribution Limits i. Rob Galbraith presented figures breaking down donations from the 2013 Mayoral contest. Report will be circulated. b. Corporate Contributions i. Motion 1. Made by Galbraith. Second by Kennedy. Candidates opting into public financing system may only accept contributions from individuals. Motion carries unanimously. ii. Acknowledgement by Nowak that strongest opposition to this proposal is not present. Reminder that Committee agreed all decisions made will be reviewed when the entire program has been completed. IV. New Business a. Motion 2. Made by Kennedy. Second by Galbraith. All unspent monies must be returned to the Public Financing Fund at the end of the election cycle. motion carries unanimously. b. Motion 3. Made by Kennedy. Second by Galbraith. Starting January 2nd of the first year of the election cycle the candidate may declare his /her intent to run a small -donor campaign. The candidate must establish a campaign account separate from any pre- existing accounts, and all other accounts must be frozen. The candidate can then begin accepting donations under the small -donor program. Next Conference call will be January 15, 2014 at 5:15 PM. The next regular meeting will be Monday, January 26, 2015 at 4:30 PM, Conference Room 1417, Buffalo City Hall. Meeting adjourned 5:30pm. Submitted, Megan Connelly, Co- Chair, Recorder RECEIVED AND FILED NO. 102 COMMON COUNCIL RESOLUTION # 2667, DECEMBER 23, 2014 "POLICE COMMUNITY RELATIONS" Dear Council President Pridgen: The recent resolution submitted by your office and referred to the Police Oversight committee has resulted in many emails and calls to our offices. Police officers put their lives on the line every day to protect us. They go to work to make us all safe not knowing if they will come home at the end of their shift. Police officers respond to calls, go to places and are put in situations most of us would run from, often making split second life or death decisions. In 12014 Law Enforcement fatalities in the United States Increased twenty four percent. Ambush attacks on officers was the leading cause of officer deaths. Anti - police sentiment in America is influencing weak minded individuals to launch violent attacks against the men and women working to enforce our laws and keep us all safe. On average, one law enforcement officer is killed in the line of duty somewhere in the United States every 58 hours. The Buffalo Police Department as a whole has done an excellent job in fighting crime and keeping bur citizens and visitors in the City of Buffalo safe. The lack of respect often shown to our police is at best misguided and at worst reprehensible and disgraceful and shows a lack of appreciation for all the hard work the men and women of our police department put forth every day. It should never be acceptable to degrade, malign or slander our Buffalo Police Officers with disrespectful demonstrations. We should value the men and women of our police department and stand with them. The Police Community Relations resolution should be amended to include: Data on all complainants- including any prior arrests, criminal records, when alleged incidents occurred (time and location) and reports of multiple complaints, whether they are substantiated or not. Also, it should be noted if there are any outstanding charges or court cases against the complainant. The resolve that talks about pets should be amended to include the name of and any criminal record of the pet owner. Whether the pet was legally licensed or "fixed" in such a way as to avoid being detected by law enforcement (ex. Voice box removed from a dog) should be reported. The third resolve requests the National Federation for Just Communities and the Concerned Clergy Coalition of Western New York appear before the Common Council. Do these group have specific expertise in law enforcement issues and how were they selected? What other groups were considered to participate? The final resolve requests "that any major accusation of police misconduct leveled against an officer should be reported to the Police Oversight Committee." Any accusation of police misconduct is serious. The Corporation Counsel should report to this Council current policy and procedures in place to handle accusations and advise what updates can be made to strengthen current policy. Thank you for taking a leadership role on this sensitive issue that impacts not only the City of Buffalo and its residents, but all of Western New York and anyone who visits our city. Sincerely, Joseph Golombek, Jr, North District Council Member REFERRED TO THE SPECIAL COMMITTEE ON POLICE OVERSIGHT NO. 103 PROPOSED LOCAL LAW 1, 2016 - AMENDING THE VILLAGE OF KENMORE ZONING CODE TO CREATE THE EDUCATIONAL USE DISTRICT Dear Mr. Chwalinski, Enclosed, please find the following in connection with the above referenced matter: 1. Environmental Assessment Form 2. Proposed Local Law# 1, 2015 This information is being forwarded to you in accord with Section 7- 706(2) (a) of the New York State Village Law. If you should require any additional information, please contact this office at 873 -5700. Very truly yours, NOTICE OF PUBLIC HEARING ON A PROPOSED LOCAL LAW OF THE VILLAGE OF KENMORE, AS SET FORTH HEREIN LEGAL NOTICE IS HEREBY GIVEN that pursuant to Section 20 of the Municipal Home Rule Law that the Board of Trustees of the Village of Kenmore shall hold a public hearing at 8:00 P.M. on January 20, 2015 at the Kenmore Municipal Building, 2919 Delaware Ave., Kenmore, New York 14217, for the purposes of considering and possibly adopting a local law amending the Village of Kenmore Zoning Code to modify the requirements of the general business use district. Copies of the proposed local law are available at the Office of the Village Clerk/Treasurer at 2919 Delaware Ave., Kenmore, New York 14217. At the time and place above, all members of the public shall be heard. BOARD OF TRUSTEES OF THE VILLAGE OF KENMORE, NEW YORK By: KATHLEEN JOHNSON, VILLAGE CLERK/TREASURER RECEIVED AND FILED NO. 104 M. LEE - REQUEST CREATION OF CITIZEN REVIEW COMMITTEE TO INVESTIGATE WRONGFULLY CONVICTION We are requesting an Authoritative law or rule in the city of Buffalo, New York that is intended to address issues of local concern that applies to people subject to the city and county Jurisdiction that may have been wrongfully convicted. By creating a citizen review committee to investigate wrongfully conviction and how they happen in the city of Buffalo, and we are requesting independent district attorney that can have the power to enforce this city and county ordinance. Note in this city and county Ordinance we want also an amendment to the state constitution to include the wording of the Federal Constitution. 9 th Amendment The enumeration in the constitution, of certain right, shall Not be Construed to deny the disparage other retained by the people. 10 Amendment The Powers not delegated to The United States by the constitution, not prohibited by it to the states, are to the States respectively, or to the People 14 Amendment All persons born and naturalized in the united states and subject to the jurisdiction are citizens of the united States (and the state of New York) are not to be Taken Away on account of Race, Color, or Creed REFERRED TO THE COMMISSION ON CITIZEN RIGHTS AND THE MAYOR NO. 105 M. LOCURTO- ARTICLES CONCERNING MUNICIPAL BROADBAND Dear Mr. Chwalinski: Please file the attached item for further discussion at the next Common Council session to be held on January 20 2015. Thank you in advance for your assistance in this matter. Next Century Cities: Connecting Communities Next Century Cities supports community leaders across the country as they seek to ensure that all have access to fast, affordable, and reliable Internet. Across the country, innovative municipalities are already recognizing the importance of leveraging gigabit level Internet to attract new businesses and create jobs, improve health care and education, and connect residents to new opportunities. Next Century Cities is committed to celebrating these successes, demonstrating their value, and helping other cities to realize the full power of truly high- speed, affordable, and accessible broadband. Our Principles Next Century Cities believes that there is no single pathway to a smart, effective approach to next- generation broadband. What matters is meaningful choice, dedicated leadership, and smart collaboration. Our participating leaders and communities are committed to the following principles: • High -Speed Internet Is Necessary Infrastructure: fast, reliable, and affordable Internet- at globally competitive speeds - is no longer optional. Residents, schools, libraries, and businesses require next- generation connectivity to succeed. • The Internet Is Nonpartisan: because the Internet is an essential resource for residents and businesses in all communities, the provision of fast, reliable, and affordable Internet transcends partisanship. This collaboration welcomes leaders of all affiliations and beliefs who believe fast, reliable, and affordable high -speed Internet access is essential to secure America's Internet future. • Communities Must Enjoy Self- Determination: broadband solutions must align with community needs - -there is no perfect model that is universally appropriate. Towns and cities should have the right to consider all options - whether public, nonprofit, corporate, or some other hybrid - free from interference. • High -Speed Internet Is a Community -Wide Endeavor: building effective next- generation networks requires cooperation across communities. It is critical to involve and include multiple stakeholders and perspectives to succeed, including businesses, community organizations, residents, anchor institutions, and others. Everyone in a community should be able to access the Internet on reasonable terms. • Meaningful Competition Drives Progress: a vibrant, diverse marketplace, with transparency in offerings, pricings, and policies will spur innovation, increase investment, and lower prices. Communities, residents, and businesses should have a meaningful choice in providers. • Collaboration Benefits All: innovative approaches to broadband deployment present diverse challenges and opportunities to communities and regions. Working together, cities can learn from the experiences of others, lower costs, and make the best use of next- generation networks. A 21 sc Century Partnership We invite cities to join Next Century Cities and strengthen the ability of communities nationwide to prosper and compete in the 21 sc century. Next Century Cities supports communities and their elected leaders, including mayors and other officials, as they seek to ensure that all have access to fast, affordable, and reliable Internet. Elevating the Conversation: cities that have or would like to develop truly next- generation networks are visionary cities, and their leaders recognize what it takes to be competitive in the 21 century. Next Century Cities will work with these leaders and their cities to make the case nationally and within communities that next- generation Internet is essential infrastructure that can deliver transformative benefits to communities today. • Supporting Cities: communities stepping into the 21 ST century through next- generation networks face myriad challenges. It is essential to provide crucial support to facilitate these innovative projects. Next Century Cities and its partners will work to assist each other in overcoming obstacles to success. • Providing Tools for Success: developing a next- generation network is a daunting task for a city of any size. It is important that communities have access to resources, advice, and tools to develop effective broadband Internet networks. Next Century Cities is committed to developing and aggregating resources to guide incipient projects, as well as tools to help those already equipped with this infrastructure better leverage their networks to yield community benefits. We are excited to begin this initiative, and we look forward to working with diverse towns and cities across the country to lead a new conversation on what it will take to compete and thrive in the 21 sc century. For more information, contact Deb Socia at Deb@NextCentu[yCities.org REFERRED TO THE COMMITTEE ON LEGISLATION NO. 106 NYSDEC- CLEANUP REQUIREMENTS BROWNFIELD SITE -1001 MAIN ST Site Name: Former Mobil Service Station 99 -MST DEC Site #: C915260 Address: 1001 Main Street (formerly 979 Main Street) Buffalo, NY 14203 DEC Certifies Cleanup Requirements Achieved at Brownfield Site New York State Department of Environmental Conservation (DEC) has determined that the cleanup requirements to address contamination related to the Former Mobil Service Station 99 -MST site ( "site ") located at 979 Main Street, Buffalo, Erie County under New York State's Brownfield Cleanup Program have been or will be met. Please see the map for the site location. The cleanup activities were performed by Kaleida Properties, Inc., Kaleida Health, F.L.C. 50 High Street Corporation, and Conventus Partners, LLC with oversight provided by DEC. DEC has approved a Final Engineering Report and issued a Certificate of Completion for the site. Copies of the Final Engineering Report and Notice of the Certificate of Completion are available at the location(s) identified below under "Where to Find Information." Completion of Project 1. Installation of shoring from 40 to 50 feet depths. 2. Removal and off -site disposal of approximately 16,000 cubic yards of contaminated soils to achieve restricted residential soil cleanup objectives. Removal of approximately 537,490 gallons of contaminated ground water and Product and disposal at permitted facilities. 3. Backfilling the excavation to design depth (26 feet below ground surface) by Plowable fill, gravels, and concrete. 4. Treatment of the remaining contaminated groundwater by injecting oxygen release compounds to break down the contaminants in -situ. The efficiency of groundwater treatment will be monitored under the Site Management Plan. Final Engineering Report Approved DEC has approved the Final Engineering Report, which: 1) Describes the cleanup activities completed. 2) Certifies that cleanup requirements have been or will be achieved for the site. 3) Describes any institutional /engineering controls to be used. An institutional control is a non - physical restriction on use of the site, such as a deed restriction, when contamination over after the cleanup action makes the site suitable for some, but not all uses. An engineering control is a physical barrier or method to manage contamination such as a cap or vapor barrier. 4) Certifies that a site management plan for any engineering controls used at the site has been approved by DEC. The following institutional controls have been or will be put in place on the site: -Soil Management Plan - Monitoring Plan - Environmental Easement - Institutional Control /Engineering Control Plan - Groundwater Use Restriction -Land Use Restriction - Decision Document The following engineering controls have been or will be put in place on the site: - Groundwater Treatment Systems Next Steps With its receipt of a Certificate of Completion, the applicant is eligible to redevelop the site. In addition, the applicant: • Has no liability to the State for contamination at or coming from the site, subject to certain conditions; and • Is eligible for tax credits to offset the costs of performing cleanup activities and for redevelopment of the site. A Certificate of Completion may be modified or revoked if, for example, there is a failure to comply with the terms of the order or agreement with DEC. Background Location: This site is located at 1001 Main Street (formerly 979 Main Street) in the City of Buffalo. The site borders with Goodrich Street on north, High Street on south, and a parking lot for the Buffalo General Hospital on the east. The underground subway system is along the Main Street on the west. Site Features: This 1.72 acres site consists of two parcels. Current Zoning / Use(s): The site is located within the commercial zoning district. Currently a medical office building is being constructed on the site. The land use in the project area is characterized as urban mixed use, primarily commercial and community services. The community services include public and private medical and hospital facilities. Past Use(s): The Exxon /Mobil and its predecessors operated a gas station from approximately 1940s to 1982. The gas station building was demolished in 1982. Four underground storage tanks (USTs) were removed between 1981 and 2007. Other previous businesses at the site included an auto repair shop, UB medical and dental departments, restaurant, and a motel. Site Geology and Hydrogeology: Overburden soils in the area consist primarily of fill material at the ground surface. Geotechnical boring logs collected from the site in 2010 indicate that fill material such as sand, gravel and bricks varies in thickness from 2 to 10 feet across the site. Soil underlying the fill is comprised of interbedded sands and silt that are brown to olive - brown in color. Overburden soils are underlain by the Onondaga Limestone (bedrock), which is at approximately 100 feet below ground surface. The groundwater is approx. 32 feet bgs and flows towards northeast. Additional site details, including environmental and health assessment summaries, are available on DEC's website at: http: / /www.dec. ny_.gov /cfmx/extapps /derexternal /haz /details.cfm ?pa.geid =3 &progno= C915260 Brownfield Cleanup Program: New York's Brownfield Cleanup Program (BCP) encourages the voluntary cleanup of contaminated properties known as "brownfields" so that they can be reused and redeveloped. These uses include recreation, housing, business or other uses. A brownfield is any real property that is difficult to reuse or redevelop because of the presence or potential presence of contamination. For more information about the BCP, visit: http: / /www.dec.ny.gov /chemical /8450.html FOR MORE INFORMATION Where to Find Information Project documents are available at the following location(s) to help the public stay informed. Buffalo and Erie County Public Library Attn: Reference Librarian 1 Lafayette Square Buffalo, NY 14203 -1887 phone: 716- 858 -8900 Project documents are also available on DEC's website at: http://www.dec.ny..qov/chemical/37554.html RECEIVED AND FILED NO. 107 NYSDEC- CLEANUP REQUIREMENTS BROWNFIELD SITE -822 SENECA ST Site Name: Former American Linen Supply Company Facility DEC Site #: C915241 Address: 822 Seneca Street Buffalo, NY 14210 DEC Certifies Cleanup Requirements Achieved at Brownfield Site New York State Department of Environmental Conservation (DEC) has determined that the cleanup requirements to address contamination related to the Former American Linen Supply Company Facility site ( "site ") located at 822 Seneca Street, Buffalo, Erie County under New York State's Brownfield Cleanup Program have been or will be met. Please see the map for the site location. The cleanup activities were performed by AmeriPride Services Inc. with oversight provided by DEC. DEC has approved a Final Engineering Report and issued a Certificate of Completion for the site. Copies of the Final Engineering Report and Notice of the Certificate of Completion are available at the location(s) identified below under "Where to Find Information." Completion of Project • Excavation and off -site disposal of approximately 13,700 tons of soil and concrete contaminated with chlorinated volatile organic compounds (VOCs) above the Protection of Groundwater Soil Cleanup Objectives (SCOs) during interim remedial measure and remedial action cleanup activities. • Placement of a cover system to allow for a commercial or industrial use of the site. The cover consists either of pavement or a clean soil cover in areas where the upper one foot of exposed surface soil exceeded the applicable soil cleanup objectives (SCOs). The soil cover was placed over a demarcation layer, with the upper six inches of the soil of sufficient quality to maintain a vegetation layer. Two closed -in -place 20,000 gallon underground storage tanks remain onsite and are beneath concrete. The current pavement cover in areas outside the former building footprint will be maintained. • Institutional Controls including an Environmental Easement with prohibited groundwater use and Site use restricted to commercial or industrial; • Site Management Plan that includes provisions for a Site -wide inspection program to assure the institutional /engineering controls (IC /ECs) have not been altered and remain effective; • Excavation Work Plan to assure that future intrusive activities and soil /fill handling at the Site are completed in a safe and environmentally responsible manner; • Groundwater Monitoring Plan to assess the performance and effectiveness of the remedy. The plan includes, but may not be limited to monitoring of groundwater to assess the performance and effectiveness of the remedy; and • Soil Vapor Evaluation prior to construction of any future buildings on -site. Final Engineering Report Approved DEC has approved the Final Engineering Report, which: 1) Describes the cleanup activities completed. 2) Certifies that cleanup requirements have been or will be achieved for the site. 3) Describes any institutional /engineering controls to be used. An institutional control is a non - physical restriction on use of the site, such as a deed restriction, when contamination left over after the cleanup action makes the site suitable for some, but not all uses. An engineering control is a physical barrier or method to manage contamination such as a cap or vapor barrier. 4) Certifies that a site management plan for any engineering controls used at the site has been approved by DEC. The following institutional controls have been or will be put in place on the site: -Soil Management Plan - Monitoring Plan -Site Management Plan - Environmental Easement - Institutional Control /Engineering Control Plan - Groundwater Use Restriction -Land Use Restriction - Decision Document The following engineering controls have been or will be put in place on the site: -Cover System -Vapor Mitigation Next Steps With its receipt of a Certificate of Completion, the applicant is eligible to redevelop the site. In addition, the applicant: • has no liability to the State for contamination at or coming from the site, subject to certain conditions; and • is eligible for tax credits to offset the costs of performing cleanup activities and for redevelopment of the site. A Certificate of Completion may be modified or revoked if, for example, there is a failure to comply with the terms of the order or agreement with DEC. Background Location: The Former American Linen Supply Company Facility property is approximately 2.9 acres in size and is located at 822 Seneca Street in the City of Buffalo. The site is bounded to the north by Seymour Street, to the east by Lord Street, to the west by a vacant lot and commercial properties; and to the south by Seneca Street. Site Features: The site is located in an urban area of mixed residential (along Seymour and Lord Streets), commercial and industrial land use. The on -site building has been demolished. The site is completely fenced. A single family home located at 798 Seneca Street is surrounded by the site on three sides. Current Zoning and Land Use: The site is currently zoned for light industrial use. Past Use of the Site: The site was used as a book binding and printing facility from 1910 to 1978. Coverall Service and Supply Company, a uniform dry cleaning facility, operated from 1978 to 1985. Coverall changed their name to AmeriPride Services, Inc. in 1997. Records indicate that tetrachloroethylene (PCE) was used for dry cleaning operations. A portion of the facility was used by Thorner Sydney Press until 1997. All laundry operations ceased in April 2004. In 2005, the site was used as a vehicle maintenance shop. The site has been unoccupied since 2005. The vacant industrial building was demolished in 2011 and 2012. In January 2014, the site was sold to Mill Race Commons, LLC. Site Geology and Hydrogeology: The site is generally flat. The unconsolidated geologic materials (soil) encountered at the site range in thickness from approximately 15 to greater than 20 feet thick. Soils at the site consist of historic fill materials (0.5 to 12 ft) overlying native soil. The fill materials include gravel, sand, silt, clay, ash, slag, and bricks, etc. A discrete layer of historic fill containing high ash content was found between 3 and 6.5 feet bgs and reworked clay between 6.5 and 8 feet bgs in the dry cleaning area. The native soils below fill layer consist of Iacustrine silt, clay, and till. Bedrock is approximately 20 ft. below ground surface and consists of Devonian Onondaga Limestone. The depth of groundwater at the site varies from 2.75 ft. bgs to 10.5 ft. bgs and it flows south toward the Buffalo River, which is located less than one mile from the site. Additional site details, including environmental and health assessment summaries, are available on DEC's website at: http: / /www.dec. ny_.g ov/ cfmx( extapps/ derexternal /haz /details.cfm ?pa.geid =3 &progno= C915241 Brownfield Cleanup Program: New York's Brownfield Cleanup Program (BCP) encourages the voluntary cleanup of contaminated properties known as "brownfields" so that they can be reused and redeveloped. These uses include recreation, housing, business or other uses. A brownfield is any real property that is difficult to reuse or redevelop because of the presence or potential presence of contamination. For more information about the BCP, visit: http:// www .dec.ny.gov /hemical /8450.html FOR MORE INFORMATION Where to Find Information Project documents are available at the following location(s) to help the public stay informed. Buffalo & Erie County Public Library Attn: Mary Jean Jakubowski 1 Lafayette Square Buffalo, NY 14203 -1887 phone: 716- 858 -9000 Project documents are also available on DEC website at: http: / /www.dec.nv.gov /chemical /37554.html Project Related Questions Site - Related Health Questions Jaspal S. Walia Matthew Forcucci Department of Environmental Conservation New York State Department of Health Division of Environmental Remediation 584 Delaware Ave. 270 Michigan Ave Buffalo, NY 14202 Buffalo, NY 14203 -2915 716- 847 -4501 716- 851 -7220 BEElahealth.nv.aov Jaspal.walia0_dec.ny_.gov We encourage you to share this fact sheet with neighbors and tenants, and /or post this fact sheet in a prominent area of your building for others to see. Receive Site Fact Sheets by Email Have site information such as this fact sheet sent right to your email inbox. DEC invites you to sign up with one or more contaminated sites county email listservs available at the following web page: http: / /www.dec.ny_.gov /chemical /61092.1 mnl. It's quick, it's free, and it will help keep you better informed. As a listsery member, you will periodically receive site - related information /announcements for all contaminated sites in the county(ies) you select. Note: Please disregard if you already have signed up and received this fact sheet electronically. RECEIVED AND FILED NO. 108 NYSDEC- CLEANUP REQUIREMENTS BROWNFIELD SITE -154 SOUTH OGDEN Site Name: 154 South Ogden Street Site DEC Site #: C915268 Address: 154 South Ogden Buffalo, NY 14210 DEC Certifies Cleanup Requirements Achieved at Brownfield Site New York State Department of Environmental Conservation (DEC) has determined that the cleanup requirements to address contamination related to the 154 South Ogden Street Site ( "site ") located at 154 South Ogden, Buffalo, Erie County under New York State's Brownfield Cleanup Program have been or will be met. Please see the map for the site location. The cleanup activities were performed by 154 South Ogden LLC with oversight provided by DEC. DEC has approved a Final Engineering Report and issued a Certificate of Completion for the site. Copies of the Final Engineering Report and Notice of the Certificate of Completion are available at the locations identified below under "Where to Find Information." Completion of Project • Limited excavation and off -site disposal of approximately 1,811 tons (1,132 cubic yards) of contaminated soil /fill 2 - 17 feet below ground surface (fbgs) impacted by metals, polycyclic aromatic hydrocarbons (PAHs), and petroleum in nine (9) discrete areas of concern (ADCs); • Placement of a cover system to allow for restricted - residential use of the site consisting either of the structures such as buildings, pavement, sidewalks comprising the site development or a soil cover. Where the soil cover is required it will be a minimum of two feet of soil meeting the requirements for restricted residential use. The soil cover will be placed over a demarcation layer, with the upper layer of soil of sufficient quality to maintain a vegetation layer; • Implementation of a SMP that will include Institutional and Engineering Controls including: • Restrictions on groundwater use and Site use to restricted - residential; • Excavation Work Plan to assure that future intrusive activities and soil fill handling at the Site are completed in a safe and environmentally responsible manner; and • Environmental Easement filed with Erie County which includes any land use, and groundwater use restrictions Final Engineering Report Approved DEC has approved the Final Engineering Report, which: 1) Describes the cleanup activities completed 2) Certifies that cleanup requirements have been or will be achieved for the site. 3) Describes any institutional /engineering controls to be used. An institutional control is a non - physical restriction on use of the site, such as a deed restriction, when contamination left over after the cleanup action makes the site suitable for some, but not all uses. An engineering control is a physical barrier or method to manage contamination such as a cap or vapor barrier. 4) Certifies that a site management plan for any engineering controls used at the site has been approved by DEC. The following institutional controls have been or will be put in place on the site: - Zoning Restriction -Soil Management Plan -Local Groundwater Restriction - Environmental Easement - Decision Document The following engineering controls have been or will be put in place on the site: -Cover System Next Steps With its receipt of a Certificate of Completion, the applicant is eligible to redevelop the site. In addition, the applicant: • Has no liability to the State for contamination at or coming from the site, subject to certain conditions; and • Is eligible for tax credits to offset the costs of performing cleanup activities and for redevelopment of the site. A Certificate of Completion may be modified or revoked if, for example, there is a failure to comply with the terms of the order or agreement with DEC. Background Location: The 154 South Ogden Street Site is located in an urban area. The site is near the intersection of Mineral Springs Road and South Ogden Street. Site Features: The site is developed with one school building, and bound by the Buffalo River to the north, South Ogden Street to the east, railroad tracks to the west, and vacant property, a cell tower, and Mineral Springs Road to the south. Current Zoning and Land Use: The site is zoned for residential and commercial use. The surrounding parcels are currently used for a combination of residential, commercial, and rail right -of -ways. The nearest residential area is directly east of the Site across South Ogden Street. Past Use of the Site: Until 2013, the site was vacant, vegetated with grasses, emergent trees and invasive species (e.g., knotweed). Prior uses that appear to have led to site contamination include past solid waste disposal over a majority of the site. Historic records indicate that the site was not previously developed. A portion of the property was historically traversed by the Buffalo River and this area was filled when the river channel was straightened to its current configuration. Site Geology and Hydrogeology: The soil type at the site is generally described as sandy clay with silt intermingled with waste material (ash. blank sand, brick, wood, glass), underlain by native poorly graded sand with silt. Groundwater depth is 15 -20 feet below ground surface (fbgs), and flows north to northwest toward the Buffalo River. Additional site details, including environmental and health assessment summaries, are available on DEC's website at: http: / /www.dec. ny_.gov /cfmx/extapps /derexternal /haz /details.cfm ?pa.geid =3 &progno= C915268 Brownfield Cleanup Program: New York's Brownfield Cleanup Program (BCP) encourages the voluntary cleanup of contaminated properties known as "brownfields" so that they can be reused and redeveloped. These uses include recreation, housing, business or other uses. A brownfield is any real property that is difficult to rouse or redevelop because of the presence or potential presence of contamination. For more information about the BCP, visit: http: / /www.dec.ny.gov /chemical /8450.html FOR MORE INFORMATION Where to Find Information Project documents are available at the following location(s) to help the public stay informed Buffalo & Erie County Public Library Attn: Mary Jean Jakubowski 1 Lafayette Square Buffalo, NY 14203 phone: (716) 858 -8900 Buffalo & Erie County Public Library Attn: Susan Carson East Clinton Branch 1929 Clinton Street Buffalo, NY 14206 phone: (716) 823 -5626 Project documents are also available on the NYSDEC website at: http: / /www.dec.ny .gov /chemical /37554.html RECEIVED AND FILED NO. 109 NYSDEC- INTERIM REMEDIAL MEASURE PROPOSED -500 SENECA ST Site Name: 500 Seneca Street Site DEC Site #: C915273 Address: 500 Seneca Street Buffalo, NY 14204 Interim Remedial Measure Proposed; Public Comment Period Announced New York State Department of Environmental Conservation (DEC) is proposing an expedited cleanup for the 500 Seneca Street Site ( "site ") located at 500 Seneca Street, Buffalo, Erie County. Please see the map for the site location. Documents related to the cleanup of this site can be found at the locations identified below under "Where to Find Information." DEC is conducting a public comment period because this Interim Remedial Measure (IRM) is likely to represent a significant part of the cleanup for this site. How to Comment DEC is accepting written comments about the proposed IRM work plan for 30 days, from January 12, 2015 through February 12, 2015. The proposed plan is available for review at the locations identified below under "Where to Find Information." Please submit comments to the DEC project manager listed under Project Related Questions in the "Who to Contact" area below. Draft Interim Remedial Measure Work Plan An IRM is a cleanup activity that may be performed when a source of contamination or exposure pathway (the way in which a person may contact contamination) can be effectively addressed without extensive investigation and evaluation. The draft IRM work plan describes the proposed cleanup activities that include: Excavation of chlorinated volatile organic compound (cVOCs)- impacted soils to the extent feasible in the loading dock area within the northern - central portion of the facility. The extent of excavation may be limited to the top of the water table approximately 6 feet below ground surface or due to structural concerns relating to building walls and columns adjacent to the excavation. As the excavation activities may not achieve the protection of groundwater soil cleanup objectives found in 6NYCRR Part 375- 6.8(b) and residual groundwater contamination will likely remain, injection piping will be installed after the completion of the excavation activities to facilitate further in- situ groundwater treatment of the remaining cVOC- impacted soil /fill and groundwater. This will be done using commercially available amendments. After excavation a sub -slab depressurization system will be installed within the bedding backfill and beneath the concrete slab to be replaced in over the cVOC- impacted excavation area in the loading dock. Summary of the Investigation Investigations have noted the presence of chlorinated volatile organic compounds including tetrachloroethene (PCE), trichloroethene (TCE) and cis -1,2 dichloroethene (DCE). These compounds exist in the soil and groundwater in a roughly 30 feet by 30 feet area within the north- central portion of the existing building in a loading dock area. Next Steps DEC will consider public comments, revise the plan as necessary, and approve the IRM work plan in consultation with New York State Department of Health (DOH). The approved work plan will be made available to the public (see "Where to Find Information" below). After the work plan is approved, the activities detailed in the work plan will be implemented. Upon completion of the work, a Construction Completion Report will be prepared that documents the activities that were performed. DEC will keep the public informed throughout the investigation and cleanup of the site. Background Location: The 500 Seneca Street Site is located in an urban mixed use, commercial and residential area. The site is approximately 1.87 acres in size. Site Features: The site is comprised of a multi -story building with an attached single story garage /storage building and open lot on the western site of the parcel. The building was constructed from east to west with various additions and expansions as the facility grew from the original structure. Current Zoning and Land Use: Current use of the site is vacant commercial property. The future use of the site is intended for restricted residential and commercial. Past Use of the Site: The site originally housed the F.N. Burr Company, which utilized the property for box manufacturing from the point of the original building construction in the early 1900's until 1959. Between approximately 1968 and 1980, Wolkind Bros, Inc. clothing rental utilized the property. Between 1986 and 2004, the site was utilized for manufacturing, warehousing and shipping operations. The site has been largely vacant and underutilized since manufacturing operations ceased in 2004. Site Geology and Hydrology: The majority of the site is characterized by 6 inches of asphalt or concrete above 6 inches of gravel, with underlying fill soils comprised sand and brick from 4 to 4.5 feet below ground surface. Native soils are encountered about 4.5 feet below ground surface and generally consist of clayey silt with intermittent layers of silty sand and gravel. Groundwater has been encountered from 6 to 10 feet below ground surface. The site is located approximately 0.8 miles northeast of the Buffalo River and local Site groundwater flow to the southwest with the upper horizon influenced by urban infrastructure. Additional site details, including environmental and health assessment summaries, are available on DEC's website at: http: / /www.dec. ny_.gov /cfmx/extapps /derexternal /haz /details.cfm ?pa.geid =3 &progno= C915273 Brownfield Cleanup Program: New York's Brownfield Cleanup Program (BCP) encourages the voluntary cleanup of contaminated properties known as "brownfields" so that they can be reused and redeveloped. These uses include recreation, housing, business or other uses. A brownfield is any real property that is difficult to reuse or redevelop because of the presence or potential presence of contamination. For more about the BCP, visit: http: /www.dec.ny.qov /chemical /8450.html FOR MORE INFORMATION Where to Find Information Project documents are available at the following location(s) to help the public stay informed. Buffalo & Erie County Public Library Attn: Ms. Mary Jean Jakubowski 1 Lafayette Square Buffalo, NY 14203 716 - 858 -8900 (iakubowskim(c�buffalolib.orq) New York State Department of Environmental Conservation Attn: Maurice Moore 270 Michigan Avenue Buffalo, NY 14203 716 - 851 -7220 Who to Contact Comments and questions are always welcome and should be directed as follows: Project Related Questions Maurice Moore Department of Environmental Conservation Division of Environmental Remediation 270 Michigan Ave Buffalo, NY 14203 -2915 716 - 851 -7220 mau rice. moore(a dec. nygov RECEIVED AND FILED Site - Related Health Questions Bridget K. Boyd New York State Department of Health Empire State Plaza Corning Tower, Rm. 1787 Albany, NY 12237 518 - 402 -7860 BEEI@_health.ny.gov NO. 110 NYS DEPT OF TAXATION AND FINANCE - CERTIFICATE OF ATTENDANCE BD OF ASMT REVIEW TRAINING- VARIOUS CERTIFICATE OF ATTENDANCE BOARD OF ASSESSMENT REVIEW TRAINING Member's Name: Edward Herndon Coralia J. Hetzner Richard Abrahamson William Maggio Keith Barnes Warren Glover Arthur Robinson City: Buffalo County: Erie Date of Training: December 29, 2014 This is to certify that, pursuant to Section 523 of the Real Property Tax Law and Section 8188 -6.1© of Title 9 of the Official Compilation of Codes, Rules and Regulations of the State of New York, you attended a board of assessment review member training session on the above date. As a result, you are now authorized to participate in the forthcoming meeting(s) of the Board of Assessment Review. RECEIVED AND FILED NO. 111 I. RASHAD II- REQUEST TO SPEAK AT COMMITTEE MTG RE HOMELESSNESS Speaking at the Committee Session Regarding Buffalo's Homelessness & Decrease Efforts To Whom It May Concern, My name is Isaiah Rashad, II; Minister /Teacher of The Humanitarian Seminary which is a section of the body of The Humanitarian Disciples of God and Man Church. We are a Christian Church which focuses our efforts on educating students, governmental leaders, organizations and private citizens regarding the many messages of Jesus our Lord and God our Father. This is done primarily with pinpointed action in regards to homelessness, those who may become homeless, international peace, personal security & dignity and the promotion of international understanding of religion with state. In the last few months we have heard of some issues regarding the homeless of Buffalo, New York and the connection of businesses of the same city. We have heard of many plans to reduce or eliminate the homeless from the area; however it is believed that there may be a solution that may help the City of Buffalo, city departments and the homeless altogether. This plan will do the following: • Spotlight positive public relations for the City of Buffalo Leadership • Help restore the image of Police • Give direct support to those in need • Develop Multi- Organizational Influence and Involvement • Be the "City of Example" for other cities and nations to follow I would like to speak with you to explain the plan and further explain to the members of the counsel, committee and attendees of the plan. I hope to hear from you. Respectfully and Faithfully, Isaiah Rashad, II REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 112 C. SCANLON- FOLLOW UP RE WEEKEND HOURS AT THE COMMUNITY CENTERS Deputy Commissioner Rabb: This is a follow up regarding the proposed implementation of weekend hours at the City of Buffalo community centers throughout the winter months, specifically November 1 T -end of March. Where in the process does your department stand in granting community centers permission to open on the aforementioned weekends? As stated in the resolution approved by the Buffalo Common Council, Councilmember Wyatt and I feel that having the community centers open throughout the winter months will give the youth of our city a safe place to go rather than spending time on the streets, getting into trouble. My hope is that this letter will help to answer our questions as to whether you were able to meet with the appropriate bodies that could permit this to transpire. Also, I am fully aware that funding can be difficult to come by, and while I hope the Department of Public Works can make the necessary funding available, I am prepared to offer money directly from my discretionary funds in order to meet required expenses. As previously stated, I feel this is a vital development in order to help the youth of our city mature into successful and contributing members of the future communities throughout the city. Where in the approval process does this resolution stand? I appreciate any support you can provide to permit this to materialize. Sincerely, Christopher P. Scanlon South District Councilmember REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 113 G. SCHOLAND- PLANNING BD RESOLUTION PRELIMINARY LAYOUT APP PILGRIM VILLAGE BE IT RESOLVED: I hereby certify that at a meeting of the City of Buffalo Planning Board hem at its offices at 901 City Hall, 65 Niagara Square, Buffalo, New York, on the 30th day of December, 2014, a resolution was adopted of which the following is a true copy." Present: James Morrell, Chair Henry Burns Horace A. Gioia Frank A. Manuele Cynthia Schwartz The following resolution was introduced: WHEREAS, on August 29, 2014, McGuire Development Company, Mark Trammell and Pilgrim Village Associates, L.P., (collectively, the "Applicants "), pursuant to Chapter 421 of the Charter and Code of the City of Buffalo (the "Code ") and New York General City Law §§ 32 and 33, submitted a Letter of Intent ( "LOI "), including Exhibits A through H, to the City of Buffalo Planning Board ( "Planning Board "), in furtherance of the Applicants' request for Preliminary Layout approval for the proposed subdivision of land associated with the redevelopment of the Pilgrim Village residential complex (the "Project ") within the block bounded by Best Street to the north, Michigan Avenue to the east, East North Street to the south and Ellicott Street to the west (the "Site "); and WHEREAS, the Applicants provided information in the LOI supporting the request for Preliminary Layout approval; and WHEREAS, the Planning Board held a meeting and a Public Hearing on the proposed subdivision and other aspects of the Project on October 7, 2014, at which the Applicants presented the Preliminary Layout design details, and all who wished to comment on the matter were allowed to be heard; and WHEREAS, pursuant to the State Environmental Quality Review Act, Article 8 of New York Environmental Conservation Law and 6 NYCRR Part 617 (collectively, "SEQRA "), a government agency is required, prior to taking action on such an application, to undertake an environmental review of the project to assess whether the action has the potential to have significant adverse environmental impacts; the Applicants prepared a Full Environmental Assessment Form ( "FEAF ") associated with the Preliminary Layout and other aspects of the complete Project, and submitted it to the Planning Board as Exhibit "H" of the aforementioned LOI, as amended by an updated FEAF attached as Exhibit "W" to an LOI Amendment submitted on October 31, 2014, to assist the Planning Board in reviewing the potential impacts of the Project; the Planning Board, acting as Lead Agency in a Coordinated Review under SEQRA, determined that the Project does not have the potential to cause significant adverse environmental impacts; and so the Planning Board issued a Negative Declaration for the Project on November 5, 2014, a copy of which is attached hereto; WHEREAS, the Planning Board approved the Preliminary Layout by a resolution dated November 5, 2014; and, WHEREAS, the Applicants have prepared a Final Subdivision Plat and submitted it to the Planning Board with a Letter of Intent dated December 26, 2014, accompanied by attached Exhibits A through G; and, WHEREAS, the Planning Board has, pursuant to City Code Chapter 421, received and reviewed the Applicants' materials for the Final Subdivision Plat and, after fully discussing this matter, has decided to approve the Final Subdivision Plat as presented in the Letter of Intent dated December 26, 2014, subject to the Conditions listed below. NOW THEREFORE BE IT RESOLVED BY THE PLANNING BOARD, pursuant to City Code Chapter 421, as follows: 1. The Applicants are seeking Final Subdivision Plat approval to create an approximately 3.43 -acre parcel and an approximately 7.88 -acre parcel on real property owned by the Applicants at the Site. 2. The Planning Board has made the following determinations with respect to the Applicants' request for Final Subdivision Plat approval: a. That the Final Subdivision Plat does not conflict with the Master Plan or the Official Map of the City; b. That the Final Subdivision Plat does not have the potential to cause significant adverse environmental impacts; C. That there are no extensions of existing streets into the area proposed to be subdivided; d. That there are no half streets associated with the proposed subdivision; e. That the tract is not subdivided into parcels larger than ordinary building lots, necessitating an arrangement to allow the opening of future streets and further resubdivision; f. That the proposed subdivision does not require marginal access streets or other comparable techniques to separate through traffic; g. That the proposed subdivision does not contain or abut a railroad right -of -way or limited access highway right -of- way requiring parallel streets; h. That no strip or area of land in the proposed subdivision is reserved, preventing access to any street, half street or alley by adjacent property owners; i. That there are no permanent dead -end streets, minor streets, major streets, primary streets, secondary streets, collector streets, marginal access streets or cul -de -sac streets within the proposed subdivision; j. That any new lots, buildings or structures shall be given address numbers as provided in Chapter 109 of the City Code; k. That there are no alleys within the proposed subdivision; I. That the Site's block will contain adequate off - street areas for parking, loading docks and other facilities required to accommodate motor vehicles; M. That the proposed subdivision does not include a special planned development; n. That the proposed subdivision meets applicable lot area and dimensional requirements; o. That the lots are laid out in a manner suitable for the intended use and development thereof; P. That the proposed use of the newly created lets associated with the Project will conform to applicable provisions of the City Zoning Ordinance for the Site's CM District; q. That the proposed subdivision is not traversed by a watercourse, drainage -way, channel or stream; and r. That the Final Subdivision Plat is in substantial conformance with the Preliminary Layout as approved by the Planning Board on November 5, 2014, and is in full conformance with the plans and specifications for required improvements, the Master Plan and the Official Map of the City and other applicable provisions of City of Buffalo Code Chapter 421; 3. The Final Subdivision Plat is hereby approved, subject to the following a. That the Applicants shall provide evidence of a new mortgage or mortgages on the subdivided parcels once the currently pending refinancing of the Site's property is complete and said mortgage or mortgages is /are in place; and b. That the Final Subdivision Plat shall not be filed with the Erie County Clerk until Condition "a" contained herein has been met. 4. This resolution shall be effective immediately. PASSED AND ADOPTED by the City of Buffalo Planning Board on the 30 day of December, 2014. Upon roll call vote: James Morrell, ChairAYE Henry Burns AYE Horace A. Gioia AYE Frank A. Manuele AYE Cynthia Schwartz AYE RECEIVED AND FILED NO. 114 D. SMITH - HAMBURG VILLAGE BD CONSIDERS INSTALLING FREE WI -FI Hamburg Village budget discussions this year will include the possibility of installing a Wi -Fi network throughout the village. The village has talked about obtaining free wireless Internet access for the village residents for years. It would make the village among the first -if not the first -in the Buffalo area to offer free Wi -Fi to the entire municipality. Board members have had several presentations on it in recent weeks, including Monday night. Representatives from tow companies, Rel Comm and Ruckus Wireless, discussed bringing to the village a system that would operate with 11 access points. The village also could have secure Wi -Fi for village devices, and could limit access to appropriate sites, said Kevin O'Neill, regional sales manager for Ruckus. The company has several similar contracts in the area, including Canalside and Walden Galleria, he said. The village would be able to get statistics on the use at each location. It also could have Wi -Fi at Legion Field during the summer, then transfer that band width to the Recreation Center during the winter months, company representatives said. Village Administration Donald Witkowski said the Village Board will consider phasing in the program, which would cost nearly $100,000, over three years. Board members also have to consider where would be the most appropriate section of the village to start the installation. Budget discussions will start this winter. Also Monday night, the board approved any agreement with Karl Swarts to continue maintaining the village website for about five hours a week at $15 an hour. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 116 D. SMITH -M. JOHN SR- RESPONSE SENECA NATION REQUEST ELIMINATION OF THE WORD SQUAW Sge:noh Senator Kennedy, I hope this response to your letter dated November 26 2014 concerning your request for a statement from the Seneca Nation of Indians on Deyowenoguhdoh or "Divided Island" is well received. We appreciate your request seeking our input on the removal of the current name of the Island. The Seneca Nation stands beside Jodi Lynn Maracle and Agnes Williams in this current effort to end the use of the word "Squaw" as a name for an island near the City of Buffalo. Thousands of people drive past this Island every day and are asked to normalize the use of a word that is inappropriate in every circumstance. The etymology of the word "squaw" varies and in every derivative the word is racist, sexist and derogatory. It is an offensive term that demeans and dehumanizes Native women. It is the Seneca Nation's strong position to formally request all governments and public municipalities to discontinue the use of the word "Squaw" to describe or reference Native people as a means to name any parcel of land, street, building or park in the historic homeland of the Seneca people. Removing the current name is all that is required, because the island already has a great name. For tens of thousands of years our ancestors used Deyowenognhdoh, meaning "Divided Island ", to describe this landscape due to the small stream that ran through it. The Seneca Nation will always call this island by its original name and agree with Jodi Maracle and Agnes Williams in their effort to have the Buffalo region respect the place as it always has been. By honoring the original name of this island, Deyowenogundoh, the City of Buffalo will convey respect and honor to the Seneca people and every resident of this region. Since 1966, the United States has been a signatory on the UN International Convention on the Elimination of All Forms of Racial Discrimination. The continued use of this term fifty years later in the everyday vernacular of the Buffalo region is disheartening. Many towns, counties and as many as nine states in the U.S. have stuck the word "squaw" from their maps, signs and official references. The City of Buffalo should follow this example by doing the same. We live in times that continue to be marred by racial tensions, awareness on the devastating effects of bullying and the growing problem of violence against women; all this in a time of better communication, better tools for education and what should be a time for correcting the wrongs of the past. We have the opportunity to correct one of those wrongs before us today. The Seneca Nation of Indians is formally requesting the elimination of this term from the community of Buffalo in an effort to send an encouraging message to all residents of Buffalo and Western New York that all people are deserving of respect and should feel welcome in this region. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 116 C. WALKER- UPDATE ON SENECA BUFFALO CREEK CASINO Dear Mayor Brown: As you know the Seneca Gaming Corporation (and its subsidiary, Seneca Erie Gaming Corporation), together with the Seneca Nation and the City of Buffalo, entered into an agreement m October 2006. That agreement set forth certain projections and intentions with respect to operation of a permanent Buffalo Creek facility. It is hard to believe that we are concluding 2014. It has certainly been another excellent year for Seneca Buffalo Creek Casino, the City of Buffalo, and waterfront development. We could not be any prouder of what has been collectively accomplished at Buffalo Creek. This correspondence is intended to provide further updates relevant to our Buffalo Creek facility, including various aspects of our Employment. Marketing and Development /Construction accomplishments throughout 2014. We hope you find the content demonstrative of our ongoing commitment to work with the City to maximize our shared success. I. THE PERMANENT SENECA BUFFALO CREEK CASINO It is now more than a year since the August 27, 2013 grand opening of the permanent Seneca Buffalo Creek Casino. And what a year it has been for the Casino and the Inner Harbor area surrounding the Casino. The area around the Casino is a hive of entertainment, development and tourism opportunity. We are delighted to have served as an initial and key catalyst in bringing the Inner Harbor and surrounding area back to life and prosperity. Today, all structural and architectural elements of the permanent Buffalo Creek Casino are completed. We have more than 482 current team members working in downtown Buffalo, with an annual payroll of more than $15.5 million. As a company, Seneca Gaming Corporation ( "SGC ") spends more than $100 million annually with local vendors and suppliers of all sizes, supporting thousands of jobs and expanding our economic reach deep within Buffalo and the larger Western New York community. Partnerships have been - and will continue to be - essential to our common success. We take this opportunity to once again express our gratitude to the City and its various departments involved in supporting this project from a professional and collaborative standpoint. We greatly appreciate the City's neighborhood's, community organizers' and business members' time and efforts. The partnerships that have been established will continue well on into the future. Suffice it to say, the new Seneca Buffalo Creek Casino complements the many outstanding nightlife options that Buffalo offers and will further enhance the visitors' experience in downtown Buffalo and the Inner Harbor. Guests are now enjoying 826 of the latest slot machines and 22 table games. Likewise, our guests are introduced and encouraged to partake of local Buffalo fare, sporting events, and to extend their stay in nearby hotels. It's a thrilling time and one that we are enjoying not only with our guests but also with the community at large. II. EMPLOYMENT HIGHLIGHTS SGC remains steadfastly committed to employing City of Buffalo residents, minorities and women at our Seneca Buffalo Creek Casino. Over the past year, SGC has held numerous publically advertised Job Fairs within the Buffalo and surrounding communities to recruit and hire Buffalo - based residents, minorities and women. Copy available for review in the City Clerk's Office REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 117 R. WYATT -A. BENTON- VARIOUS CONCERNS WILLIAM PRICE BLOCK CLUB Council Member Wyatt, First let me start by congratulating you on your successful re- election bid. The purpose of this letter is to follow up on the October 21, 2014 common council petition regarding Mc McCarthy Park quality of life issues for residents of William Price Parkway. As you will recall I attended the meeting along with my wife who spoke and many residents of William Price Parkway. At that meeting you indicated that the request put forth by the residents to move the majority of activities pertaining to practice and games to the middle field of Mc McCarthy Park would be brought forth as a resolution to the common council at the next meeting. In addition the soccer nets should be moved from their current location to the middle field. We have not heard from you on this issue. I want to ensure sure this is resolved prior to the start up of the spring playing season. Time is of essence because many leagues will be applying for applications to play and practice very shortly. We would like an update on the status of this resolution. What is the status of the installation of the 16ft fence between McCarthy Park and my home at 131 William Price Parkway. I am looking for a date in the spring when we can expect to see this project underway. Has this been put out for bid? Another matter which you said would be put in place is the formation of an advisory committee to review any activities regarding the park. This committee is to be comprised of block club residents from streets surrounding McCarthy Park. To date we have not heard from you regarding this issue. An update is requested on this matter as well. I would like to remind you that the William Price Block club Petition was filed by the residents out of concern for Safety and Quality of Life. Some of the issues leading up to the filing include but are not limited to: • excessive noise and late evening activities held at the playing field at the Northwest corner of the park • Transient people jumping the fence between the home at 131 William Price Parkway and McCarthy park putting the homes at risk for security of family and property • Increased vehicle traffic operating at excessive speeds driving down the street while dropping off children for games or practice. Numerous 311 calls are on file for the issues encountered by the residents of William Price Parkway. I look forward to hearing from you shortly on these issues. Respectfully, Adrian Benton REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 118 R. WYATT -D. QUICK- CONCERNS REDEVELOPMENT OF DASH'S ON KENMORE I am a resident of the University Heights who has lived at 79 Nicholson Street for over 20 years. Nicholson is the street that runs parallel to Kenmore Avenue and just behind Dash's Kenmore Avenue Store. I have witnessed the changes to the neighborhood as a Super Duper became a Jubilee, Budwey's and finally Dash's store. I STRONGLY oppose the conversion of Dash's to a storage facility. It is my understanding that a change in zoning is required before such a conversion can be implemented. Please, oppose such a change. Property owners in this are already struggle to maintain their properties in the face of the immature actions by patrons of nearby bars and local college students. A storage area would cause property values to DECREASE. This area is mostly residential with a strip of businesses on Kenmore Avenue. A storage facility would move the area into a commercial phase which would not be to the benefit of the present property owners. Outside storage areas would be, at best, only supervised part time and have some places hidden from the street that would be ideal areas for illegal drug use and crime. Litter and rats could result from this type of business. Very few jobs would be added. The store could be converted into smaller sections for offices, apartments or stores or a combination of businesses. The Appletree Business Park in Cheektowaga was a successful conversion from the Como Park Mall The West Side Bazaar shows that a number of small businesses can coexist and add to the community. Churches on Kenmore Avenue, Elmwood and Linwood Avenues have successfully incorporated more housing into their neighborhoods. The speed which Dash's opened, operated and closed the Kenmore store shows that their actions may not have been well thought out. With two other stores in the broader neighborhood, I believe they owe some responsibility to their neighbors and patrons. I support investigating whether grant money can be used to study the best use of the site. Would the owners of Dash's want to five near a storage facility? Please, do not approve a request to change the zoning of the site. The present redevelopment plan is not in the best interests of the community. I have been a shopper at Dash's in the past but will support a boycott of their stores if they continue to not consider the needs of the community in which they do business. REFERRED TO THE COMMITTEE ON COMMUNMITY DEVELOPMENT PETITIONS NO. 119 J. FRASER, OWNER, USE 244 AKA 242 ALLEN, RE- ESTABLISH RESTAURANT AND SIDEWALK PATIO IN THE ALLEN STREET DISTRICT (FILL)(HRG 1/27) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING NO. 120 D. BUCKLEY, AGENT, USE 1487 HERTEL TO RE- ESTABLISH USE OF A SIT -IN RESTAURANT WITH AN EXISTING SIDEWALK CAFE IN THE HERTEI AVE SPECIAL DISTRICT (DEL)(HRG 1/27) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING NO. 121 R. WYATT -R. RIGHETTI & O -STOP THE STORAGE FACILITY ON KENMORE AVE Attention: Please file petitions from the University Heights Collaborative in regards their disapproval of Dash plans for storage on Kenmore Avenue. Thank you. Rasheed N.C. Wyatt University District Councilmember Petitions available for review in The City Clerk's Office REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT CIVIL SERVICE (RASHEED N.C. WYATT, CHAIRPERSON) NO. 122 APPOINT CHIEF(PROV)(MENZA)(POL) CCP# 12 15 -01/06 Mr. Wyatt moved: That Communication 12 of Jan 6, 2015, be received and filed and that the Provisional; Appointment of Carmen Menza, 5828 Bradford, East Amherst, NY 14051 to the Position of Chief, Provisional Appointment at the Flat Salary of $ 95,545.00 is hereby approved. PASSED AYES -9 NOES -0 NO. 123 NOTICES OF APPOINTMENTS - TEMP /PROV /PERM (CCP# 16-24,01/06) Mr. Wyatt moved: That the above item be the same and hereby is Received and Filed ADOPTED FINANCE RICHARD A. FONTANA, CHAIRPERSON) NO. 124 INTERFUND CASH LOAN- 2013 -2014 CAPITAL BUDGETS (COMPT) (ITEM NO. 6, C.C.P., JAN. 6, 2015) 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 approves an interfund cash loan from the General Fund to the City's Capital Improvement Fund in the amount of $400,000.00 against the 2014 City Capital Improvements Budget for the City Court Rehabilitation. The loan will be repaid when BANs or Bonds are issued in Fiscal Year 2014 -15. PASSED AYES — 9 NOES - 0 NO. 125 PURCHASE OF LEARNING MANAGEMENT SYSTEM (FIRE) (ITEM NO. 14, C.C.P., JAN. 6, 2015) Mr. Fontana moved: That the above item be, and the same hereby is, returned to the Common Council without recommendation; That the Common Council hereby authorizes the Buffalo Fire Department to purchase a Learning Management System from Centerlearn for the purpose of facilitating efficient renewal of all members' Emergency Medical Technician (EMT) certifications and for the dissemination of other training throughout the department. The consultant was chosen through a Request for Proposals (RFP) process. PASSED AYES — 9 NOES - 0 NO. 126 REQUEST TO PURCHASE EQUIPMENT (FIRE) (ITEM NO. 15, C.C.P., JAN. 6, 2015) Mr. Fontana moved: That the above item be, and the same hereby is, returned to the Common Council without recommendation; That the Common Council approves payment to William Hebeler, Inc. the amount of $19,566.42 for the purchase of two (2) snowmobiles and accessories needed for the November 18. 2014 snow storm. PASSED AYES — 9 NOES - 0 COMMUNITY DEVELOPMENT (JOSEPH GOLOMBEK JR., CHAIRPERSON) NO. 127 REQUEST TO NAME GYM AT THE JOHN F. KENNEDY COMMUNITY CENTER (ELL) (ITEM NO. 2539, C.C.P., DEC. 23, 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 approves naming the gym within the John F. Kennedy Community Center in honor of Mr. Moody W. Pugh, Jr. PASSED AYES — 9 NOES - 0 NO. 128 REPORT OF SALE - 60 RICKERT (MASTEN)(STRAT PLAN) (ITEM NO. 2556, C.C.P., DEC. 23, 2014) Mr. Golombek moved: That the above item be, and the same hereby is, returned to the Common Council with a recommendation for approval; That the offer from Ms. Alice Humphrey of 862 East Eagle, Buffalo, New York 14210, in the amount of One Thousand Nine Hundred Dollars ($1,900.00) for the purchase of 60 Rickert Street 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. 129 D. PRIDGEN -TAKE ANOTHER LOOK CITYBRATION EVENT (C.C.P. #14 -2202, OCT 28) Mr. Golombek now moves that the above item be Received and Filed. ADOPTED NO. 130 REPORT OF SALE - 503 RILEY (ELL)(STRAT PLAN) (ITEM NO. 1841, C.C.P., SEPT. 16, 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. Dwight Bormer of 505 Riley Street, Buffalo, New York 14208, in the amount of One Thousand Four Hundred Dollars ($1,400.00) for the purchase of 503 Riley 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 SPECIAL COMMITTEE EDUCATION (DEMONE A. SMITH) NO. 131 LP CIMINELLI -BD PACKET DOCUMENTS - DECEMBER 2014 (C.C.P. #14 -2533, DEC 23) Mr. Smith now moves that the above item be Received and Filed. ADOPTED NO. 132 LP CIMINELLI -BOARD PACKET DOCUMENTS -OCT 2014 (C.C.P. #14 -2199, OCT 28) Mr. Smith now moves that the above item be Received and Filed. ADOPTED NO. 133 N. BYCINA -BFIO PUBLIC SCHS CENTRAL REGISTRATION CTR 2015 SCH CHOICE APPLICATION (C.C.P. #14 -2095, OCT 14) Mr. Smith now moves that the above item be Received and Filed. ADOPTED NO. 134 D. SMITH - ARTICLE - CONCERNS RE CHARTER SCHOOLS (C.C.P. #14 -2102, OCT 14) Mr. Smith now moves that the above item be Received and Filed. ADOPTED NO 135 C. FRANKLIN- ISSUES CONCERNING EDUCATION IN BUFFALO (C.C.P. #14 -1769, SEPT 2) Mr. Smith now moves that the above item be Received and Filed. ADOPTED NO. 136 C. FRANKLIN- CONCERNS EDUCATION SYSTEM IN BUFFALO (C.C.P. #14 -1770, SEPT 2) Mr. Smith now moves that the above item be Received and Filed. ADOPTED NO. 137 D. SMITH -BTF CHARTER SCHOOL STUDY (C.C.P. #14 -1773, SEPT 2) Mr. Smith now moves that the above item be Received and Filed. ADOPTED NO. 138 D.C. FRANKLIN- SUPPORT FOR EDUCATION BILL (C.C.P. #14 -1595, JULY 22) Mr. Smith now moves that the above item be Received and Filed. ADOPTED NO. 139 K. HERNANDEZ- ACTION PLAN FOR SCHOOLS (C.C.P. #14 -1597, JULY22) Mr. Smith now moves that the above item be Received and Filed. ADOPTED NO. 140 J. D. SMITH -A. GERSTMAN -CITY AUTHORITY OVER THE BFLO BD OF ED (C.C.P. #14 -1601, JULY 22) Mr Smith now moves that the above item be Received and Filed. ADOPTED NO. 141 DR. W. KRESEZES- COMMENTS FOR COMMITTEE ON EDUCATION (C.C.P. #14 -T481, JULY 8) Mr. Smith now moves that the above item be Received and Filed. ADOPTED NO. 142 D. SMITH -STUDY OF CITY TAKE OVER SCHOOLS SHOULDN'T BE ALLOWED TO DERAIL PROCESS (C.C.P. #14 -1484, JULY 8) Mr. Smith now moves that the above item be Received and Filed. ADOPTED NO. 143 D. SMITH - QUESTIONS ON BOARD OF EDUCATION (C.C.P. #14 -1381, JUNE 24) Mr. Smith now moves that the above item be Received and Filed. ADOPTED NO. 144 D. SMITH -INFO SAY YES TO BUFFALO (C.C.P. #14 -810, APR 15) Mr. Smith now moves that the above item be Received and Filed. ADOPTED NO. 145 D. SMITH -TEACH FOR AMERICA MAKES A PUSH IN BUFFALO (C.C.P. #13 -59, NOV 26) Mr. Smith now moves that the above item be Received and Filed. ADOPTED NO. 146 D. SMITH -BD OF ED RESOLUTION -TO REQUIRE ATTENDANCE OF STUDENTS 4 YEARS OF AGE TO ATTEND PRE -K (C.C.P. #13 -53, OCT 1) Mr. Smith now moves that the above item be Received and Filed. ADOPTED NO. 147 CONCERNS BD OF ED SIG GRANTS(SMITH) (C.C.P. #13 -147, JULY 23) Mr. Smith now moves that the above item be Received and Filed. ADOPTED NO.148 D. SMITH -BPS COMPREHENSIVE DISTRICT EDUCATION PLAN (C.C.P. #13 -68, JULY 9) Mr. Smith now moves that the above item be Received and Filed. ADOPTED NO. 149 B. MCINTYRE- OFFICIAL COMPILATION OF CODES, RULES & REG- NYS NO CHILD LEFT BEHIND ACT OF 2001 (C.C.P. #13 -65, JUNE 11) Mr. Smith now moves that the above item be Received and Filed. ADOPTED NO. 160 B. MCLNTIRE -1 SCHWARTZ- RESPONSE TO COMPLAINT RECEIVED BY SAM RADFORD III (C.C.P. #13 -66, JUNE 11) Mr. Smith now moves that the above item be Received and Filed. ADOPTED NO. 151 D. SMITH - ARTICLE - SCHOLL DISTRICT STRUGGLES OVER STATE RULING ON STUDENTS' RIGHT TO TRANSFER (C.C.P. #13 -79, JUNE 11) Mr. Smith now moves that the above item be Received and Filed. ADOPTED NO. 152 N. BYCINA -READY FREDDY PROGRAM (C.C.P. #13 -52, APR 2) Mr. Smith now moves that the above item be Received and Filed. ADOPTED NO. 153 S. SMITH -DR. P. BROWN -BFLO PUBLIC SCHOOLS 2013 STRATEGIC PROCESS (C.C.P. #13 -70, MAR 19) Mr. Smith now moves that the above item be Received and Filed. ADOPTED NO. 154 D. SMITH -DR. P. BROWN -DRAFT DEVELOPING SAFE AND SUPPORTIVE SCHOOLS (C.C.P. #13 -71, MAR 19) Mr. Smith now moves that the above item be Received and Filed. ADOPTED NO. 166 D. SMITH - CONCERNS BFLO PUBLIC SCHOOLS AND TITLE I FUNDING (C.C.P. #12 -44, DEC 11) Mr. Smith now moves that the above item be Received and Filed. ADOPTED NO. 156 D. SMITH -S. RADFORD- ANNUAL PROFESSIONAL PERFORMANCE REVIEW (C.C.P. #12 -54, NOV 13) Mr. Smith now moves that the above item be Received and Filed. ADOPTED NO. 157 J. GOLOMBEK- ARTICLE RE SQUABBLING BTWN THE DISTRICT AND THE TEACHERS UNION (C.C.P. #12 -40, OCT 30) Mr. Smith now moves that the above item be Received and Filed. ADOPTED NO. 158 D. RIVERA- MOTION PASSED BY BTF EXECUTIVE COMM & COUNCIL OF DELEGATES (C.C.P. #12 -45, OCT 30) Mr. Smith now moves that the above item be Received and Filed. ADOPTED NO. 159 D. SMITH -LP CIMINELLI- RECONSTRUCTION OF BPC #59 (C.C.P. #12 -47, OCT 16) Mr. Smith now moves that the above item be Received and Filed. ADOPTED NO. 160 D. SMITH - CHARTER SCHOOLS RESTART PROJECT (C.C.P. #12 -50, SEPT 18) Mr. Smith now moves that the above item be Received and Filed. ADOPTED NO. 161 K. PRIVATEER -W. KERESZTEZ- SUPPORT PILOT 311 TO ACCEPT BFLO SCHOOL COMPLAINTS (C.C.P. #12 -68, JULY 24) Mr. Smith now moves that the above item be Received and Filed. ADOPTED NO. 162 D. SMITH - DISTRICT COORD COUNCIL - MAXIMIZING PARENT ENGAGEMENT (C.C.P. #12 -70, JULY 24) Mr. Smith now moves that the above item be Received and Filed. ADOPTED NO. 163 D. SMITH -DPCC REQ BOE FORMALLY NEGOTIATE MOU WITH BFT (C.C.P. #12 -113, JULY 24)( #52, 7/12) Mr. Smith now moves that the above item be Received and Filed. ADOPTED NO. 164 D. SMITH -S. BYRNES- POLICIES AND PRACTICES IN PLACE IN BALTIMORE (C.C.P. #12 -58, MAY 1) Mr. Smith now moves that the above item be Received and Filed ADOPTED NO.166 D. PRIDGEN- ATTENDANCE REVIEW BOARD (C.C.P. #12 -58, MAR 20) Mr. Smith now moves that the above item be Received and Filed. ADOPTED NO. 166 BUFFALO PUBLIC SCHOOLS ATTENDANCE STUDY -PHASE 1 (2010 -2011) (C.C.P. #11 -40, JULY 12) Mr. Smith now moves that the above item be Received and Filed ADOPTED NO. 167 BUFFALO PUBLIC SCHOOLS STUDENT ATTENDANCE STUDY -PHASE 1 (2010 -2011) DATA SUPPLEMENT (C.C.P. #11 -41, JULY 12) Mr. Smith now moves that the above item be Received and Filed. ADOPTED NO. 168 S. RADFORD -DPCC REQ. CC TO ENDORSE THE PARENT EMPOWERMENT ACT (C.C.P. #11 -46, JUNE 14) Mr. Smith now moves that the above item be Received and Filed. ADOPTED NO. 169 SUPPORT NYS ADOPTING "PARENT TRIGGER LAW" FOR BFLO PUBLIC SCHOOLS (C.C.P. #11 -108, JUNE 14) Mr. Smith now moves that the above item be Received and Filed. ADOPTED NO. 170 D. SMITH -J. WILLIAMS- BUDGET RESPONSE BUFFALO BD OF EDUCATION (C.C.P. #11 -53, MAY 17) Mr. Smith now moves that the above item be Received and Filed. ADOPTED NO. 171 S. POLOWITZ- ARGUMENT FOR CONVERTING PLA SCHOOLS TO CHARTER SCHOOLS (C.C.P. #11 -68, APR 19) Mr. Smith now moves that the above item be Received and Filed. ADOPTED NO. 172 D. SMITH - INTRODUCE A NEW PARADIGM FOR SECURITY PROTOCOLS IN AND AROUND BFLO PUBLIC SCHOOLS (C.C.P. #10 -49, MAR 16) Mr. Smith now moves that the above item be Received and Filed. ADOPTED NO. 173 RESPONSE - "SUPPORT NEIGHBORHOOD SCHOOLS" (C.C.P. #10 -29, JAN 19) Mr. Smith now moves that the above item be Received and Filed. ADOPTED NO. 174 D. STIEGLITZ -RE- LAUNCHING THE JSCB NEIGHBORHOOD STABILIZATION INITIATIVE (C.C.P. #10 -44, JAN 19) Mr. Smith now moves that the above item be Received and Filed. F- RESOLUTIONS NO. 175 COUNCIL MEMBER FONTANA SUBMITTED THE FOLLOWING RESOLUTION: MOBILE APP TO LOCATE SCHOOL BUSES January 20, 2015 Whereas, many cities throughout the U.S. have incorporated Global Position Systems (GPS) and /or coordinate - tracking technology utilizing a web or mobile application that allows parents, students and schools to follow a child's school bus from pick -up to drop off; Whereas, this mobile app will allow parents to pinpoint where their child's school bus is, how far the child is on a particular route, and if necessary, adjust the pick -up or drop -off time based on traffic, weather, construction delays, etc.; Whereas, this GPS tracking app can be used on any device connected to the Internet, and would display a map showing the student's current bus location in relationship to the child's stop; Whereas, currently, the City of Buffalo transports hearty 28,000 yellow bus students, who will find it necessary to wait at bus stops for an undetermined amount of time in the rain and freezing temperatures unable to identify the estimated time of arrival of the students bus: Now, Therefor Be It Resolved that the City of Buffalo Common Council - 1) Requests the Board of Education to research the implementation of such a technology; 2) Refers this resolution to the Board of Education, Law Department, Management Information Systems; 3) Sends this item to the Committee on Education for further discussion. ADOPT RESOLVES THE REMAINER REFERRED TO THE COMMITTEE ON EDUCATION AND THE BOARD OF EDUCATION NO. 176 BY: FILLMORE DISTRICT COUNCIL MEMBER DAVID A. FRANCZYK DISCHARGE COMMUNITY DEVELOPMENT COMMITTEE FROM CONSIDERATION OF THE FOLLOWING ITEM: 14 -2258 CORN NOV 12 REPORT OF SALE -186 CHICAGO & 83 FULTON(FILL)(STRAT PLAN) Whereas: The above item is currently in the Community Development Committee; and Whereas: It is no longer necessary for this item to be considered by that committee; Now, Therefore Be It Resolved: That this Common Council does hereby discharge the Community Development Committee from further consideration of 14 -2258 Com Nov 12 Report of Sale -286 Chicago & 83 Fulton(Fill)(Strat Plan) and said item is now before the Common Council for its consideration. ADOPT DISCHARGE, PASSED AYES 9. NOES 0 NO. 177 SPONSOR: MR. GOLOMBEK REQUEST TO RENAME SQUAW ISLAND TO,'DIVIDED ISLAND - DEDYOWENOGUHDOH" Date: January 20, 2015 Whereas: Squaw Island is an island in the Niagara River located within the city limits of the City of Buffalo; and Whereas: The word "squaw" is objectionable to many Americans who consider it to be a racist and derogatory the term; and Whereas: Residents of the City of Buffalo and their elected representatives should not tolerate the use of derogatory terminology relating to any people's racial identity, or which dishonors any person's race; and, Whereas: It is well known that Native Americans have experienced utmost suffering and disrespect over many years, and each and every Native American and resident of out" community is entitled to be treated with decency and respect; and, Whereas: This is not a name that should be celebrated in any public place; and Whereas: For hundreds of years, Squaw Island was known as "Dedyowenoguhdoh," meaning "Divided Island" in the Seneca language, a reference to the small stream that divided its island landscape and served as the outlet for Scajaquada Creek into the Niagara River. Honoring and paying tribute to the island's original name is the right thing to do; and Whereas: Pursuant to Section 286 -3 of the Charter of the City of Buffalo any Common Council Member by resolution duly filed may request the Common Council to consider the naming of public streets, parks and public buildings and sets the procedures for adopting new names or changing existing names; Now, Therefore, Be It Resolved: The Common Council of the City of Buffalo hereby adopts "Divided Island - Dedyowenoguhdoh" as the new name of what is now known as "Squaw Island "; and Be it Further Resolved: That the Commissioner of Public Works Parks & Streets, the Corporation Counsel and all Department heads and commissioners ensure that the name "Divided Island - Dedyowenoguhdoh" is used on all materials produced under their purview in all instances, including Squaw Island Park within 180 days of the passage of this resolution; and Be it Further Resolved: That copies of the resolution be forwarded to the Department of Public Works Parks & Streets, the Buffalo Police Department, the Buffalo Fire Department, Maurice A. John, Sr., President of the Seneca Nation of Indians, Agnes Williams of the Seneca Nation, Jodi Lynn Maracle of the Mohawk Nation, Andrew M. Cuomo, Governor of the State of New York, Cesar A. Perales, New York State Secretary of State, Joan M. McDonald, Commissioner of the New York State Department of Transportation, the United States Postal Service and the Corporation Counsel for their review and requests that they file their comments and /or recommendations of the proposed renaming with this Common Council; and Be it Finally Resolved That: The Common Council of the City of Buffalo directs the City Clerk to file the notice of intention for the proposed name of the island and, upon approval, forward certified copies of this resolution to the United States Postal Service. ADOPT RESOLVES, REFER REMAINDER TO COMMITTEE ON LEGISLATION NO. 178 SPONSOR: MICHAEL J. LOCURTO WAIVING PERMIT FEES FOR SENECA NATION WINTER GAMES IN DELAWARE PARK WHEREAS: On January 19 2015, the Seneca Nation Buffalo Resource Center is sponsoring a winter event, called a Snowsnake, in Delaware Park near the Parkside Lodge; and, WHEREAS: The Snowsnake is traditionally a game of the Iroquois, and is only played once a game has been called, bringing tribes from all over to come together to socialize and compete. This will be the first Snowsnake to be called in Buffalo since 1974; and, NOW, THEREFORE, BE IT RESOLVED: That the City of Buffalo Common Council hereby waives any permit fees that are associated with hosting the Snowsnake winter games in Delaware Park on January 19 2015. PASSED AYES 9, NOES 0 NO. 179 BY: MR. PRIDGEN ORDINANCE AMENDMENT CHAPTER 399 SMOKING Section 1. The Common Council of the City of Buffalo does hereby ordain as follows: That §399 of the Code of the City of Buffalo be amended to read as follows: Chapter 399. SMOKING Article I. Public Conveyances § 399 -1. Prohibited acts. No person shall smoke any pipe, cigar, electronic cigarette or cigarette in or upon any bus while the same is being operated upon any public highway within said City for the transportation of passengers. § 399 -2. Posting of notice. Every person, firm or corporation owning or operating any public bus for the transportation of passengers within said City shall keep permanently and conspicuously posted in each of said conveyances a notice forbidding smoking, as provided by this Article. Article II. Sales to Minors § 399 -3. Definitions. Where used in this Article, the following terms and words shall have the following meanings: MINOR Includes all persons under 18 years of age. SMOKING MATERIALS All objects utilized for the purpose of smoking, and shall include but not be limited to cigarettes, electronic cigarettes pipes, loose tobacco, smoking herbs and cigarette papers. § 399 -4. Prohibited acts. No person, firm or corporation shall sell, barter or give smoking materials to a minor. No minor shall purchase or otherwise procure smoking materials. No person shall represent himself or herself to have attained the age of 18 for the purpose of obtaining smoking materials. § 399 -5. Proof of age. If any person contemplating the sale or furnishing of smoking materials believes or has reason to believe that a sale or delivery of smoking materials is prohibited because of the age of the prospective recipient, he shall, before making such sale or delivery, demand presentation of some form of possible identification, containing proof of age, issued by a public officer in the performance of his /her official duties. § 399 -6. Posting of notice. Every person, firm or corporation engaged in the business of selling smoking materials shall display at all times in a prominent place in its place of business a printed card, to be issued by the Director of Licenses of the City of Buffalo, which shall read as follows: Warning: The sale to and purchase of smoking materials is prohibited by §399 -4 of Article II of Chapter 399 of the Code of the City of Buffalo. Violations of this Article subjects a person to a maximum fine of $500. § 399 -7. Penalties for offenses. Any person violating the provisions of this Article shall be subject to a fine of not less than $50 nor more than $500. Article III. General Regulations § 399 -8. Definitions. As used in this Article, the following words shall have the meanings indicated: SMOKING Inhaling and puffing out the smoke of burning tobacco and /or a substitute therefor and also the carrying of burning tobacco or a substitute therefor in any form, whether in the form of a cigarette, electronic cigarette, cigar or any other fire - and /or smoke - producing device, including pipes. § 399 -9. Smoking prohibited in conveyances and certain areas. Smoking shall be unlawful for any person in and /or upon the following conveyances, places, premises, buildings, structures or specified areas thereof: A. Public transportation vehicles and conveyances, excluding taxicabs and railroad trains. B. Retail and wholesale stores having a ground floor area of 10,000 square feet or more or having store accommodations over two stories in height above the curb level, excluding rest rooms, restaurants, executive offices, beauty parlors, barbershops or areas designated by written permission of the Bureau of Fire Prevention. C. Schools while in session; excluding schools above secondary educational levels, rooms classified as faculty rooms, principals' offices and areas designated by written permission of the Bureau of Fire Prevention. D. Theaters, one hour prior to, during and one hour after occupancy for a theatrical or operatic performance; excluding outer lobbies, lounges and rest rooms or areas designated by written permission of the Bureau of Fire Prevention. E. Motion - picture theaters, one hour prior to, during and one hour after the exhibition of motion pictures, including the restrictions under Subsection D of this section, and excluding outer lobbies, loges and rest rooms or areas designated by written permission of the Bureau of Fire Prevention. F. Tents exceeding 1,000 square feet, excluding tents used on private property for social functions and funeral purposes at cemeteries. G. Public elevators. H. Woodworking shops, planing mills, lumber -drying rooms or lumberyards. I. Dry- cleaning or dyeing plants or establishments using flammable solvents. J. Rooms or areas of buildings on premises in which flammable liquids, flammable gases or explosives are manufactured, used or stored. K. Motion - picture projection booths or places for storage of motion - picture film, including safety film. L. Paint shops or paint- manufacturing establishments using flammable liquids, flammable solvents, flammable paints, public storage or repair garages, stables or aircraft hangars, excluding open -air storage garages of fireproof construction having a minimum of two - thirds (2/3) of the exterior wall area open to the outdoors. M. Rooms or portions of a building in which sawdust, loose paper, straw or combustible packing materials, including upholstering materials, are stored or used. N. In any area of piers, wharves, warehouses, stores, industrial plants, institutions, places of assembly and in open spaces where combustible materials are stored or handled, including those outlined above, which, upon investigation, the Bureau of Fire Prevention finds that conditions are such as to make smoking a hazard and shall order the owner or occupant or agent to post "no smoking" signs in each building, structure, room or place in which smoking shall be prohibited. The Bureau of Fire Prevention shall designate specific safe locations, if necessary, in any building, structure or place where smoking shall be permitted. § 399 -10. Posting of signs. A. The owner, occupant or person managing any place, building or premises wherein smoking is hereby prohibited or regulated shall post in conspicuous places in areas where smoking is prohibited signs at least 18 inches long and 12 inches high, with red lettering on white background, said lettering being at least two and one -half (2 1/2) inches high, beating the following legend: SMOKING PROHIBITED Under Penalty of a Fine Section 18.12 Fire Prevention Code By Order of the Fire Prevention Bureau B. Smaller signs may be used in elevators, small rooms and designated areas upon approval by the Bureau of Fire Prevention. § 399 -11. Prohibited acts. A. It shall be unlawful for any person to smoke or use matches or any fire - producing device in such a dangerous, careless or reckless manner as to set fire to any bedding, furniture, curtains, shades, drapes or other flammable household equipment or contents or any part of any building so as to endanger life or property. A plainly printed notice shall be posted in a conspicuous place advising the occupants of the provisions of this Article in each sleeping room of all hotels, motels, rooming houses, lodging houses or other places of public abode. B. It shall be unlawful for any person to remove any legally required "smoking prohibited" sign or to remove any printed notices of this Article in sleeping rooms where such signs or notices are posted. Article IV. City Offices § 399 -12. Purpose. Because the smoking of tobacco or any other weed or plant is the number one cause of preventable death and secondhand smoke kills 53,000 Americans annually, the Common Council hereby finds and declares that the purpose of this Article is to protect health and welfare by creating smoke -free environments in all City buildings and any vehicles owned or leased by or to the City of Buffalo. § 399 -13. Prohibited acts. It shall be unlawful for any person to smoke within any City building or any vehicle owned or leased by or to the City entity. This prohibition extends to all workplaces, public lobbies, rest rooms, storage areas, corridors, elevators and other enclosed areas within any City building; provided, however, that the provisions of this Article shall not apply to the downtown baseball stadium currently known as [North AmeriCare Park] Coca -Cola Field § 399 -14. Definitions. For purposes of this Article, the following words and terms shall mean the following: CITY BUILDING Any public building or other structure or portion thereof owned, operated, occupied or leased by or to the City of Buffalo, its agencies, boards and commissions and the appropriate officials of such entities. This definition does not extend to properties used for residential purposes or those properties that are operated primarily for nonpublic purposes. EMPLOYEE Any person who is employed by any employer in consideration for direct or indirect monetary wages or profit. EMPLOYER The City of Buffalo, its agencies, boards and commissions and the appropriate officials thereof. ENCLOSED Closed in by a roof and four walls with appropriate openings for ingress and egress, and is not intended to mean areas commonly described as "public lobbies." PERSON Any individual person, firm, partnership, association, corporation, company, organization or legal entity of any kind. SMOKING OR TO SMOKE Includes inhaling, exhaling, burning or carrying of: any lighted smoking equipment for tobacco or any other weed or plant; or electronic cigarettes. WORKPLACE Any enclosed area of a structure or portion thereof intended for occupancy by City entities which will provide labor, clerical, professional or business services to the City, to other business entities or to the public at that location. § 399 -15. Posting of notice. The employer or occupant managing the City building or premises wherein a smoke -free environment has been hereby created shall post in conspicuous places signs that are clearly visible and at least 18 inches long and 12 inches high, with red lettering on a white background, such lettering being at least two and one -half (2 1/2— inches high, which shall read as follows: SMOKING PROHIBITED IN ALL AREAS Under Penalty of a Fine Pursuant to Chapter 399 Article IV of The Code of the City of Buffalo § 399 -16. Enforcement. A. It shall be the duty of the Commissioner of Police, the Commissioner of Fire and the Commissioner of Public Works to enforce this Article. B. For those persons leasing property from the City, the lessee shall be responsible for ensuring that this Article is enforced. § 399 -17. Penalties for offenses. Any person violating the provisions of this Article shall be subject to a fine of not less than $50 nor more than $500 for each such violation. §399 -18. Effective date. This Article shall become effective April 1, 1995. The provisions of this Article shall become effective January 1, 1996, for the following City buildings: the Buffalo Convention Center, the Buffalo Memorial Auditorium, the Delaware Park Marcy Casino, Kleinhans Music Hall, the Lafayette Ice Rink, the downtown baseball stadium formerly known as "Pilot Field" and Shea's Buffalo Center for the Performing Arts. APPROVED AS TO FORM ONLY By: TIMOTHY A. BALL CORPORATION COUNSEL Underlined material is new. Material in brackets [] is repealed REFERRED TO THE COMMITTEE ON LEGISLATION NO. 180 BY: SOUTH DISTRICT COUNCIL MEMBER CHRISTOPHER P. SCANLON DISCHARGE LEGISLATION COMMITTEE FROM CONSIDERATION OF THE FOLLOWING ITEM: (ITEM NO 14 -2371 (NOV 25) "FOOD STORE (NEW) 224 VIRGINIA ST' Whereas: The above item is currently in the Legislation Committee; and Whereas: It is no longer necessary for this item to be considered by that committee; Now, Therefore Be It Resolved: That this Common Council does hereby discharge the Legislation Committee from further consideration of Item No 14 -2371, C.C.P. November 25, 2014 "Food Store 224 Virginia St" and said item is now before the Common Council for its consideration. 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 12, 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 Amin Ali d /b /a Virginia Food Market located at 224 Virginia Street with the following conditions: 1. Cannot sell " Ioosies" —i.e. single cigarettes, single diapers, or items packaged for etc. 2. Cannot open packages that are intended to be sold as a bundle, such as crackers, and sell single unmarked items.[Many of these items especially perishables have expiration dates for public safety, the opening and selling single items without dates. Nutritional information and other important information is a public safety concern.] 3. Must have a minimum of two (2) working surveillance cameras. One camera should be located above the entrance facing inwards and the other should be on the outside of the entrance door outwards toward the street. All cameras should be able to record video and store owners are asked to have the capability of saving video for at least thirty (30)days. 4. Store interior and exterior should be kept clean at all times. Store fagade and landscape must be well maintained. 5. Must remove hand painted signage from front of store within 30 days of license issuance /reissuance. 6. Garbage receptacle must be maintained on the outside of the store, and emptied frequently, never allowing garbage to overflow. 7. No amateur hand painted advertising on or around building. No hand painted advertising of copyrighted items, such as malt liquor, New York State Lottery and other items without written permission of the agency holding the copyright. 8. No excessive empty boxes, packaging refuse and the like outside of the store in public view except the time period allowed by city ordinance. ADOPT DISCHARGE APPROVE WITH CONDITIONS AYES 9, NOES 0 NO. 181 SPONSOR: CHRISTOPHER P. SCANLON WAIVE EVENT FEES FOR THE 2015 SOUTH BUFFALO FARMERS MARKET WHEREAS, Chapter 175 of the Code of the City of Buffalo establishes a schedule of fees that are to be charged with respect to licenses, permits, and activities required or regulated under the provisions of various chapters of the Code; and WHEREAS, The South Buffalo Farmers Market will be held every Sunday from June 7, 2015 - September 27, 2015 at Cazenovia Park; and NOW, THEREFORE, BE IT RESOLVED, That the Common Council of the City of Buffalo respectfully requests that the Department of Special Events and the Department of Public Works waive all applicable events fees for the 2015 South Buffalo Farmers Market; and BE IT FURTHER RESOLVED, That the City Clerk forward a copy of this resolution to the Departments Public Works and Special Events. PASSED AYES 9, NOES NO. 182 MAJORITY LEADER DEMONE A. SMITH SUBMITTED THE FOLLOWING RESOLUTION: REGULATION OF: " MULTIPLE RESIDENT HOMES (HALFWAY & ROOMING HOUSES, GROUP HOMES) In the Common Council of The City of Buffalo, On January 15, 2015 Whereas, Chapter 269 -1 of the Charter of the City of Buffalo defines a "Lodging House" as a building in which three or more persons are accommodated with sleeping privileges for a nominal fee; Whereas, Chapter 511 -94 of the Charter of The City of Buffalo states a halfway house shall be permitted use in any R or C District, provided that such use is approved individually by the Common Council. A "halfway house," shall be considered a dwelling housing a group of persons who might house, otherwise have to reside in an institution or housing which may not be in keeping with the definition of a "family." Such a facility may among other uses, mentally disabled individuals or former addicts or mental patients who are considered to have been rehabilitated; and Whereas, The facility must be recognized by an appropriate public agency and cannot be self - declared: Now, Therefore Be It Resolved that The City of Buffalo Common Council requests an amendment to -- Chapter 511. ZONING Article XVIII. General Provisions 511 -94. Halfway Houses, be amended to include Group Homes; and Chapter 269 -1 governing lodging houses, is amended to require individual approval by the Common Council; Be It Further Resolved That pertaining to group homes and any Multiple Resident Homes (Halfway & Rooming Houses, Group Homes): o The Department of Permits & Inspections regulate any and all licenses; o Zoning variances are required by the Zoning Board; o A Certificate of Occupancy and register of those who reside and work in said facility be required. ADOPT RESOLVES REFER THE REMAINDER TO THE COMMITTEE ON LEGISLATION NO. 183 BY: MR. WYATT BUDGET AND PERSONNEL AMENPMENT 37 - PUBLIC WORKS WATER 1350 - ADMINISTRATIVE SERVICES 1361 - REPAIR & INSTALLATION 1380 - MECHANICAL SERVICES The Common Council of the City Of Buffalo does ordain as follows: That part of Section 1 of Chapter 35 of the Code of the City of Buffalo, relating to 37- Water,1350 — Administrative, 1361 — Repair & Installation, 1380 — Mechanical Services which currently reads: 1350 - ADMINISTRATIVE SERVICES 1 Senior Rate Clerk $ 32,418 - $ 36,079 1 Teller $ 31,754 - $ 32,127 1361 - REPAIR & INSTALLATION 1 Water Meter Tester $24 878 - $ 41,464 1380 - MECHANICAL SERVICES 1 Steamfitter $25,963 - $ 43,272 1 Electrician $25,962 - $ 43,272 Is hereby amended to read: 1350 - ADMINISTRATIVE SERVICES 0 Senior Rate Clerk $ 32,418 - $ 36,079 2 Teller $ 31,754 - $ 32,127 1361 - REPAIR & INSTALLATION 0 Water Meter Tester $24,878 - $ 41,464 1380 - MECHANICAL SERVICES 0 Steamfitter $25,963 - $ 43,272 2 Electrician $25,962 - $ 43,272 It is hereby certified, pursuant to Section 3 -19 of the Charter, that the immediate passage of the foregoing ordinance is necessary. IT IS HEREBY CERTIFIED, that a personnel requisition Incident to the creation of the above - mentioned position, containing a statement of the duties for such position, has been filed with the Municipal Civil Service Commission, and said Commission has approved and certified the position title set forth in the foregoing ordinance as being the appropriate Civil Service title for the proposed position STEVEN J. STEPNIAK, COMMISSIONER OF PUBLIC WORKS AND DONNA J. ESTRICH, COMMISSIONER OF ADMINISTRATION, FINANCE, POLICY AND URBAN AFFAIRS, hereby certify that the above change is necessary for the proper conduct, administration and performance of essential services of that department. We recommend that the compensation for said position be fixed at the respective amount set forth in the foregoing ordinance. PASSED AYES 9, NOES 0 NO. 184 BY: MR. WYATT BUDGET AND PERSONNEL AMENDMENT 04 - DEPARTMENT OF AUDIT & CONTROL 1042 -AUDIT The Common Council of the City Of Buffalo does ordain as follows: That part of Section 1 of Chapter 35 of the Code of the City of Buffalo, relating to 04 -1042- Audit & Control, Division of Audit is hereby amended to read with the addition: 1 Internal Audit Administrator $55,823 - $65,398 It is hereby certified, pursuant to Section 3 -19 of the Charter, that the immediate passage of the foregoing ordinance is necessary. IT IS HEREBY CERTIFIED, that a personnel requisition incident to the creation of the above - mentioned position, containing a statement of the duties for such position, has been filed with the Municipal Civil Service Commission, and said Commission has approved and certified the position title set forth in the foregoing ordinance as being the appropriate Civil Service title for the proposed position BYRON W. BROWN, MAYOR, MARK J.F. SCHROEDER, COMPTROLLER AND DONNA J. ESTRICH, COMMISSIONER OF ADMINISTRATION, FINANCE, POLICY AND URBAN AFFAIRS, hereby certify that the above change is necessary for the proper conduct, administration and performance of essential services of that department. We recommend that the compensation for said position be fixed at the respective amount set forth in the foregoing ordinance. PASSED AYES 9, NOES 0 NO. 185 COUNCIL MEMBER RASHEED N.C. WYATT SUBMITTED THE FOLLOWING RESOLUTION: SMART STREET LIGHTING AND MOBILE BROADBAND In the Common Council of the City of Buffalo On January 20, 2015 Whereas: It is estimated that mobile traffic data will increase ten times over by 2019; and Whereas: Research shows that Internet connectivity is in the top 5 factors for satisfaction in urban living; and Whereas: The "digital divide" is a gap in Internet access and usage due to socioeconomic factors and this "divide" has become greater in the past decade; and Whereas: Currently Buffalo Public Schools graduation rates are at 47 percent, according to, the Buffalo News. Buffalo Business First rates our city poverty level at 30.1 %, twice that of the national rate of 14.9 %, which largely contributes to the 40.6% increase in youth violence; and Whereas: The Buffalo Public Schools were ranked 682 out of 696 districts in NYS, so clearly there is a tremendous need to present the students with any possible educational advantage; and Whereas: Constant efforts are being made to equip our schools so that our children have the opportunity to competitively function in a global learning community, integrating all available technological resources providing differentiated instruction to lead them through the evolving 21 st century learning environment. For students to achieve the highest standard of learning, "digital divide" must be addressed, so that the same technological advancements that are present in the schools can be extended into the homes; and Whereas: With so many jobs being marketed using online sources, constituents in homes without Internet access have a greater difficulty locating potential employment opportunities; and Whereas: Philips, the global pioneers in lighting solutions have teamed up with Ericsson, the world - leading provider of communication services to address some challenges cities face through a cost - effective and energy- saving 2 -in -1 smart street lighting solution. This system of "smart street lighting" will integrate safety, connectivity and practicality into one compact design; and Whereas: This issue can also be addressed by exploring low -cost, needs based, broadband options that are available for students who qualify for Free or Reduced Lunch. Two companies that offer these services are Internet Essentials by Comcast and Freedom Pop. Now, Therefore, Be It Resolved that the City of Buffalo Common Council - 1) That the Common Council hereby requests that the Buffalo Law Department, MIS and Public Works research and discuss the benefits of implementing Municipal Wi -Fi throughout the City of Buffalo. 2) The City Clerk's office will send a copy of this resolution to the Buffalo Law Department, MIS, Public Works, Comcast Telecommunications, Time Warner Cable, Mayor Byron Brown, FCC, NYS Senators; Charles Schumer and Kirsten Gillibrand and Erie County Legislators. 3) Please provide us a written recommendation by April 20, 2015. ADOPTED NO. 186 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 person(s) so appointed certifying under oath to their qualifications and filing same with the City of Buffalo. Barrie, Melissa Bell, Brenden Goldsmith, Nathan Lewis Kelly, Rebecca A. Lalley, Monica L. Leone, Craig Maloney, Kevin F. Mayhook, Jason O'Keefe, Theresa L. Rodriguez, David A. Schuster, Mary Pat Sikorski, Christina L. Virgil, Denise Williams, Joyce D. Total: 14 ADOPTED NO. 187 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. Falsken. Renee Howson. Rebecca Huff. Dennisha Lewis, Richard W. Szakacs, Anthony TOTAL:5 ADOPTED NO. 188 ANNOUNCEMENT OF COMMITTEE MEETINGS The following meetings are scheduled. All meetings are held in the Common Council Chambers, 13th floor City Hall, Buffalo, New York, unless otherwise noted. Regular Committees Committee on Civil Service Tuesday, January 27, 2015 at 9:45 o'clock A.M. Committee on Finance following Civil Service Tuesday, January 27, 2015 at 10:00 o'clock A.M. Committee on Comm. Dev. Tuesday, January 27, 2015 at 1:00 o'clock P.M. Committee on Legislation Tuesday, January 27, 2015 at 2:00 o'clock P.M. Special Committees (Public Disclaimer): All meetings are subject to change and cancellation by the respective Chairmen of Council Committees. In the event that there is sufficient time Riven 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. 189 ADJOURNMENT On a motion by Mr. Smith, Seconded by Mr. Rivera, the Council adjourned at 3:32 P.M. GERALD A. CHWALINSKI CITY CLERK January 20, 2015