The Council adopted a resolution, sponsored by Niagara District Council Member David A. Rivera and co-sponsored by Council Members Fontana, Pridgen, LoCurto and Franczyk, in support of the Buffalo and Fort Erie Public Bridge Authority’s pilot program for freight processing that is being enacted as part of a Pre-Clearance Program outlined in the “Beyond the Border” Action Plan. This pilot program is designed to enhance security and facilitate both transportation and trade over the United States/Canadian border while improving air quality for residents of Buffalo’s West Side.
The Council adopted a resolution sponsored by Delaware District Council Member Michael J. LoCurto encouraging the New York State Department of Transportation (“NYSDOT”) and Bergmann Associates to include the recommendations outlined in the 2008 Olmsted Parks Conservancy document, “The Olmsted City: The Buffalo Olmsted Parks System Plan for the 21st Century,” (see Master Plan PDF) into the study that they are currently conducting regarding the downgrade of the Scajaquada Expressway/Route 198. Although there are many positive design solutions for downgrading Route 198, there remains concern over the plans for Parkside Avenue (a look back) and Main Street, as detailed in Design Alternative 2. The Council maintains that NYSDOT and Bergmann Associates should consider the recommendations outlined in the Olmsted Parks Conservancy document as a way to efficiently protect the interests of the residents of the City of Buffalo.
^Modifications at Main and Kensington under continued investigation: New bridge, route 198 profile beneath bridge, drainage and pump station impacts, retaining wall impacts, weave area impacts, NFTA Metro Rail impacts. – NYS DOT Draft, January 2011
^Parkside Avenue
The Council adopted a resolution, sponsored by Council President Pro Tempore and University District Council Member Bonnie E. Russell, declaring its support for and endorsement of the application by the University District Community Development Association (“UDCDA”) for grant funding through the New York State Division of Housing and Community Renewal’s Urban Initiative Program. The Urban Initiative Program provides financial and technical resources to urban communities for the restoration and improvement of housing, commercial areas and public/community facilities.
The Council adopted a resolution, sponsored by Council President and Lovejoy District Council Member Richard A. Fontana, directing the City of Buffalo Law Department to draft legislation prohibiting industrial recycling centers from accepting refrigerator units that do not contain proof of proper chlorofluorocarbon (“CFC”) disposal. CFC, more commonly known by the DuPont brand name “Freon”, is a chemical that was been widely used in refrigerants. Recently, CFC has been phased out due to its harmful effects on the ozone. The Clean Air Act of 1990 prohibited the venting of CFC while maintaining, servicing, repairing, recycling, or disposing of refrigerator units. Currently, many old and outdated refrigerator units are being sold as scrap iron and metal for industrial recycling, however, these refrigerator units are not required to have proof that CFC was properly disposed of prior to sale. The Council maintains that requiring proof of proper CFC disposal will help decrease the illegal release of CFC into the atmosphere from refrigerator units prior to them being sold to industrial recyclers.
The Council adopted a resolution, sponsored by Delaware District Council Member Michael J. LoCurto, declaring its support for and endorsement of the application by the Buffalo Fine Arts Academy for grant funding through the New York State Office of Parks, Recreation and Historic Preservation’s (“OPRHP”) Environmental Protection Fund. The Buffalo Fine Arts Academy plans to use the funds for a park project known as the Albright-Knox Art Gallery Marble Floor Restoration.
The Council adopted a resolution, sponsored by Council Members David A. Rivera, Darius G. Pridgen, and Michael J. LoCurto, in support of the creation of a Buffalo-Erie County Food Policy Council Steering Committee. The Steering Committee will be comprised of appointed experts and community leaders who will work to develop a model for a Food Policy Council of Buffalo and Erie County, which will then advise area legislatures on food policy issues and concerns.
The Council adopted a resolution, sponsored by Niagara District Council Member David A. Rivera, Ellicott District Council Member Darius G. Pridgen and Fillmore District Council Member David A. Franczyk, designating and proclaiming Niagara Street between Niagara Square and Porter Avenue as the City’s “Hispanic Heritage District.” Niagara Street is the home of many people, institutions and events that are important to Buffalo’s Hispanic-American culture and the Council maintains that designating this part of Niagara Street as the “Hispanic Heritage District” will further strengthen Niagara Street’s identity as a Hispanic Cultural destination. The resolution additionally requests that the members of the Hispanic Heritage Council of Western New York, Inc. collaborate with the City of Buffalo’s Department of Public Works and Office of Strategic Planning by taking part in a committee that will begin identifying and taking steps to brand and promote the new Hispanic Heritage District, such as the preparation of new welcome and street signs.
The Council adopted a resolution, sponsored by South District Council Member Christopher P. Scanlon and Council President and Lovejoy District Council Member Richard A. Fontana, directing the City of Buffalo Department of Law to prepare an amendment to the appropriate section of the City’s Charter/Code that will allow elderly and disabled users of the Cazenovia Park and South Park Golf Courses to utilize their own motorized golf carts on the courses. Users must have purchased their own motorized golf cart for use on these courses prior to such equipment being offered for rental by course management and must be able to furnish appropriate proof that such equipment has been recently inspected and is in good working condition. The resolution also directs the Law Department to prepare an amendment to the City’s Charter/Code establishing a fee for use of personal motorized golf carts on Cazenovia Park and
South Park Golf Courses for the elderly and/or disabled.
South Park Golf Courses for the elderly and/or disabled.
The Council approved an ordinance amendment to section 309-17 of the City Code, sponsored by South District Council Member Christopher P. Scanlon, to provide for the issuance of limited use permits during the 2012 calendar year to owners of privately owned golf carts. Permission to use the carts applies only to the permit holder and is not transferable, and use of the cars is limited to the parking lots and areas designated as part of Cazenovia Golf Course and South Park Golf Course. Applicants for the limited use permit must provide proof that they currently hold a valid handicapped parking permit or a Senior Citizen identification card issued by a municipal government in New York State, provide evidence of general liability insurance of at least $1,000,000 which names the City of Buffalo and Buffalo Olmsted Parks Conservancy as additionally insured parties, and agree to defend, indemnify and hold harmless the City and Olmsted Parks Conservancy.
The Council adopted a resolution, sponsored by Council Majority Leader and Masten District Council Member Demone A. Smith, in support of the efforts of Vive, Inc. to obtain funding through a New York State Homes and Community Renewal Grant. Vive, Inc. is a non-profit organization located at 50 Wyoming Avenue that provides affordable housing for low-income individuals. Vive, Inc. is seeking to renovate, revitalize and beautify its building and grounds to create a safer and healthier environment, make the facility more energy efficient, and create a welcoming refuge.
The Council adopted a resolution, sponsored by Council Majority Leader and Masten District Council Member Demone A. Smith and co-sponsored by Delaware District Council member Michael J. LoCurto, declaring its support for and endorsement of an application by the Parkside Community Association (“PCA”) for grant funding through the New York State Division of Housing and Community Renewal’s Main Street Program. These funds would be used in the area covering both sides of Main Street from Florence Avenue to Leroy Avenue. The Main Street Program funds community grants for the purpose of revitalizing urban areas and stabilizing neighborhoods to attract residents and businesses.
BANNERS TO BE HUNG IN THE CITY OF BUFFALO
• The Council approved a resolution, sponsored by Ellicott District Council Member Darius G. Pridgen, to permit Victory Temple to hang a 5×16 banner at the corners of Jefferson Avenue and Best Street to promote its upcoming Evangelistic Meeting. The banner will be displayed between August 3, 2012 and September 1, 2012.
• The Council approved a resolution, sponsored by Ellicott District Council Member Darius G. Pridgen, to permit the Hispanic Heritage Council of Western New York to hang a street banner at the north side of Maryland and Niagara Streets to promote Hispanic Heritage in Western New York. The banner will be displayed between September 1, 2012 and October 15, 2012.
• The Council approved a resolution, sponsored by Ellicott District Council Member Darius G. Pridgen, to permit the Puerto Rican and Hispanic Day Parade of Western New York Association, Inc. to hang flags along Niagara Street between South Elmwood Avenue, and Porter Avenue to Fourth Street, to promote the 10th Annual Puerto Rican and Hispanic Day Parade. The banners will be displayed between August 18, 2012 and September 16, 2012.
• The Council approved a resolution, sponsored by Niagara District Council Member David A. Rivera, to permit the Bird Avenue Block Club to purchase and install block club banners on Bird Avenue between Baynes Street and Richmond Avenue.
WAIVER OF FEES
• The Council approved a resolution, sponsored by North District Council Member Joseph Golombek, Jr., waiving all fees associated with the Black Rock-Riverside Good Neighbor Planning Alliance Historical Committee’s War of 1812 Bonfire Event at Squaw Island Park. This event will commemorate the burning of the Villages of Buffalo and Black Rock during the War of 1812 and the long-lasting peace and bi-national cooperation that has transpired since between Canada and the United States.
• The Council approved four resolutions, all sponsored by Fillmore District Council Member David A. Franczyk, waiving all fees associated with the following events:
o Community Music School Open House – August 24, 2012
o The Ferry/Grider Community Day – August 4, 2012
o Fleet Week 2012: Bicentennial of the War of 1812 – September 11-17, 2012
o The Great Lakes Experience Festival – July 28, 2012
• The Council approved a resolution, sponsored by Delaware District Council Member Michael J. LoCurto, waiving the fees associated with the ALS Association’s “Walk to Defeat ALS” event in Delaware Park. This charity event aims to raise money to fight and defeat ALS, commonly known as Lou Gehrig’s Disease. The event will be held on August 4, 2012.
• The Council approved a resolution, sponsored by Niagara District Council Member David A. Rivera, waiving the special events fee associated with H.E.A.L.’s “Eid at the Park” event. The event will be held on August 18th and 19th at Front and Prospect (“Perla”) Parks.
• The Council approved a resolution, sponsored by Niagara District Council Member David A. Rivera, waiving the special events fee associated with Iglesia de Dios’ (“Church of God”) “Impacto de Dios 2012 (‘Impact of God’)” event. The event will be held on August 17th and 18th on Rhode Island Street between Fourteenth Street and Normal Avenue.
• The Council approved a resolution, sponsored by Council Majority Leader and Masten District Council Member Demone A. Smith, waiving the park rental fees associated with the following events:
o Gospel Fest – July 28, 2012
o The Pine Grill Reunion – August 5 & 12, 2012
o Walking 4 Hope – August 25, 2012
o The Buffalo FunkFest – August 25, 2012
o The Caribana Island Festival – August 17-19, 2012
• The Council approved a resolution, sponsored by all 9 Council Members, waiving the special events fee associated with the 2012 National Night Out event. This event will be held on August 7, 2012.
TRAILBLAZING SIGN–The Council approved a resolution sponsored by Ellicott District Council Member Darius G. Pridgen to allow for the installation of trailblazing signs in honor of Pastor Brent McCaliste
r at the intersection of Main Street and Masten Avenue. Pastor McCalister is a City of Buffalo minister who has set a positive example for his community through his tireless work ethic and dedication to family, community and country.
r at the intersection of Main Street and Masten Avenue. Pastor McCalister is a City of Buffalo minister who has set a positive example for his community through his tireless work ethic and dedication to family, community and country.
SALE OF CITY OWNED PROPERTY–The Council approved transactions relating to the following City owned properties:
• Lovejoy District
o 213 Newburgh Avenue was sold to Mr. Richard A. Brimm, Jr. for $2,500.
• Masten District
o 1659 Amherst Street, the former Fairfield Library, was sold to Creative Structures Services, Inc. for $77,000.
Upon the recommendation of the Department of Permit & Inspection Services, the Council approved the following license and permit applications:
• Delaware District
o Second Hand Dealer License
• Allentown Music, located at 1109 Elmwood Avenue.
• Ellicott District
o Food Store License
• Dollar Discount, located at 1350 Fillmore Avenue.
• Fillmore District
o Permit to Re-Establish Rear Patio to a Bar/Restaurant
• J. Little, owner of the property located at 20 Allen Street.
o Permit to Place Outdoor Café in Front of Bar/Grill
• M. Brinkworth, owner of the property located at 223 Allen Street.
o Restaurant Dance Class III License
• Funky Monkey, located at 20 Allen Street.
o Restaurant Dance License
• Ohm Ultra Lounge, located at 946 Main Street.
• Adam’s Mark Buffalo-Niagara, located at 220 Terrace.
o Food Store License
• Sanaa Mini Mart Inc., located at 1517 Broadway.
• Aldi Inc., located at 998 Broadway.
• Elmwood Beverage Center, located at 161 Elmwood Avenue.
• Lovejoy District
o Food Store License
• 7-Eleven Inc., located at 2275 Genesee Street.
• 7-Eleven Inc., located at 1095 Lovejoy Street.
• Niagara District
o Food Store License
• Zip’s Food & Beverage Shoppe, located at 896 Niagara Street.
• North District
o Food Store License
• BJK Food Inc., located at 738 Tonawanda Street aka 74 Tonawanda Street.
o Food Store License
• 7-Eleven Inc., located at 2462 Delaware Avenue aka 2458 Delaware Avenue.
• Doyles Food, located at 1981 Niagara Street.
• Hitarni Sorn Asian Market, located at 472 Ontario Street.
• South District
o Food Store License
• 7-Eleven Inc., located at 2406 South Park Avenue.
CLAIMS, CONTRACTS, CHANGE ORDERS & AGREEMENTS
• Upon the request of the Comptroller of the City of Buffalo, the Council:
o Authorized the Comptroller to issue an Interfund Cash Loan in the amount of $89,100 for the Buffalo River Greenway Project – Phase 1.
o Authorized the Comptroller to issue a refund of the 2002 School Bonds. The refunding of this debt will take advantage of lower interest rates and the City’s improved credit rating to reduce interest costs.
• Upon the request of the City of Buffalo Office of Strategic Planning (“OSP”), the Council:
o Authorized OSP to adjust the contract between the City of Buffalo and Urban Strategies, Inc. for consultant work under three New York State Department of State Step 2 Brownfield Opportunity Area (“BOA”) grants: Buffalo Harbor, Buffalo River Corridor, and Tonawanda Street Corridor. The adjustment is necessary for additional technical services required for preparation of a Generic Environmental Impact Statement (“GEIS”) and traffic analysis.
o Authorized the Mayor to execute a Subrecipient Agreement, to be negotiated to finalization by the Law Department, between the City of Buffalo and the Buffalo Urban Renewal Agency (“BURA”) for administration of the City’s Community Development Block Grant (CDBG) and HOME programs.
o Authorized OSP to modify the original contract between the City of Buffalo and the Wellness-Institute of Greater Buffalo & WNY, as well as the contract between the City and the Niagara Frontier Transportation Authority/Greater Buffalo Niagara Regional Transportation Council, in order to reimburse these organizations for services rendered and resources utilized beyond the original contracts for the Healthy Infrastructure for Queen City Livability project.
o Authorized St. John Community Development Corpor
ation Inc. to purchase two parcels of vacant land located at 266 and 270 Mulberry Street as part of a proposed project to construct 49 new townhomes.
ation Inc. to purchase two parcels of vacant land located at 266 and 270 Mulberry Street as part of a proposed project to construct 49 new townhomes.
o Authorized OSP to enter into a PILOT agreement with Erie County, St. John Townhomes II Housing Development Fund Company, Inc., and St. John Townhomes II, L.P., to help facilitate the completion of the St. John Townhomes II Project. The project includes the construction of 49 townhome style units on 17 parcels of land in the City’s Fruitbelt area.
• Upon the request of the City of Buffalo Department of Law, the Council:
o Authorized the Mayor to execute a Declaration of Covenants and Restrictions, to be negotiated to finalization by the Law Department, to facilitate the Trinidad Park clean-up project as required by the New York State Department of Environmental Conservation (“NYSDEC”).
o Authorized the Mayor to execute an Environmental Easement, to be negotiated to finalization by the Law Department, to facilitate the Franczyk Park clean-up project as required by the New York State Department of Environmental Conservation (“NYSDEC”).
o Authorized the Mayor to execute an Environmental Easement, to be negotiated to finalization by the Law Department, to facilitate the 1318 Niagara Street clean-up project as required by the New York State Department of Environmental Conservation (“NYSDEC”).
o Authorized the Mayor to execute an Environmental Easement, to be negotiated to finalization by the Law Department, to facilitate the Ship Canal Commons clean-up and redevelopment project as required by the New York State Department of Environmental Conservation (“NYSDEC”).
o Authorized the Mayor to execute a Declaration of Covenants and Restrictions, to be negotiated to finalization by the Law Department, to facilitate the Waterfront School Property clean-up project as required by the New York State Department of Environmental Conservation (“NYSDEC”). The Council also authorized a separate Declaration of Covenants and Restrictions to be negotiated to finalization by the City of Buffalo Urban Renewal Agency (“BURA”) for the property owned by BURA which is adjacent to the Waterfront School Property.
• Upon the request of the City of Buffalo Department of Administration, Finance, Policy, & Urban Affairs, the Council:
o Authorized the transfer of six vehicles from the Dart Street Impound garage to the Buffalo Police Department fleet. These vehicles will be unmarked, used for future investigations, and are of no cost to the City.
o Authorized the Buffalo Police Department to take a seized 2002 Chevy pick-up truck into its fleet. The truck will replace a vehicle that was sold at auction, will not be a take-home vehicle, and is of no cost to the City.
• Upon the request of the City of Buffalo Department of Community Services & Recreational Programming, the Council:
o Authorized the Department of Community Services & Recreational Programming to enter into an agreement with Say Yes to Education, Inc. for the purchase and implementation of a monitoring software program through Niagara IT Solutions, Inc. to help children in the City of Buffalo to avail themselves of college scholarship opportunities.
• Upon the request of the City of Buffalo Department of Public Works (“DPW”), the Council approved the following contract change orders:
o The contract with HHL Architects, for the J.B. Wiley Sports Complex Renovations Project, was increased by $2,772 to cover costs associated with testing, inspection, and air monitoring related to the removal of hazardous materials. The contract was initially awarded in the amount of $52,300 and with this change the contract will increase to $55,072.
o The contract with Miller Enterprises, for the J.B. Wiley Sports Complex Renovations Project, was increased by $1,980 to cover unanticipated costs associated with the project. The contract was initially awarded in the amount of $312,000 and with this and prior changes the contract will increase to $329,580.
• Upon the request of the City of Buffalo Department of Public Works (“DPW”), the Council:
o Authorized DPW to increase the Citywide Tree Management and Planning contract between the City of Buffalo and Wendel Companies by $25,000, while formal procurement of a new contract is executed through the Request for Proposal (“RFP”) process.
o Authorized DPW to hire LiRo Engineers, Inc., who was chosen through the Request for Qualifications” (“RFQ”) process, to provide engineering services for partial reconstruction of East Lovejoy Street between Bailey Avenue and the east City line.
o Authorized DPW to purchase three (3) dump bodies/plow frames and hydraulics, and one (1) semi-automatic tire changer for the sum of $153,780.
o Authorized DPW to purchase one (1) dump body/plow frame and one (1) hydraulic pump and lines for the sum of $46,260.
o Authorized DPW to purchase five (5) Freightliner chassis for the sum of $474,745.
o Authorized DPW to purchase one (1) John Deere wheel loader and one (1) dump body for the sum of $193,204.
o Authorized the Mayor and/or other City personnel to enter into a grant agreement as guarantor, execute a preservation covenant agreement, and make other appropriate arrangements necessary to facilitate a $400,000 grant for the restoration of the ceiling/dome and wall of Sheas that is being provided through the New York State Office of Parks, Recreation and Historic Preservation’s Environmental Protection Fund.
• Upon the request of the City of Buffalo Department of Public Works, the Council approved the following reports of bids:
o Of the emergency bids that were received for the Gloria J. Parks Community Center Emergency HVAC Reconstruction Project, John W. Danforth Co. was the lowest, with a bid of $11,000.
o Of the bids that were received for the 600 Block of Main Street (Chippewa Street to Tupper Street) Project, Mark Cerrone, Inc. was the lowest, with a bid of $6,271,981.
o Of the bids that were received for the City-wide Mill and Overlay Project – 2012 Phase II, Destro & Brothers Concrete Co., Inc. was the lowest, with a bid of $2,787,812.
o Of the bids that were received for the Humboldt Parkway Infrastructure Improvements Project, Destro & Brothers Concrete Co., Inc. was the lowest, with a bid of $1,232,709.
o Of the bids that were received for the Martin Luther King (“MLK”) Jr. Park, New Picnic Shelters & Grills Project, Titan Development was the lowest, with a bid of $342,430.
APPOINTMENTS
• The Council appointed the following individuals to serve on the City of Buffalo Citizens Planning Council for a four year term, beginning August 1, 2012 and ending July 31, 2016:
o Mark Goldman
o Arthur Robinson, Jr.
o Joanna Wingo
• The Council appointed the following individuals to serve on the City of Buffalo Citizens Planning Council for a two year term, beginning August 1, 2012 and ending July 31, 2014:
o Michael Darby
o Michael Vertino
• The Council appointed the following individual to serve as a Marriage Officer within the City of Buffalo for the period beginning July 24, 2012 and ending September 1, 2012:
o Michael P. Kearns
• The Council appointed the following individuals to intern positions within the Office of the City Clerk and the Fillmore District Council Office:
o Fillmore District Council Office
• Colleen Mulvaney (Intern VIII)
o Office of the City Clerk
• Tyree Parker (Intern VI)
• The Council approved the appointment of the following individual to the position of Associate Engineer within the Department of Public Works:
o John Bidell
• The Council accepted the appointment of the following individual to the position of Senior Accountant within the Department of Audit and Control:
o Jaclyn Jakubowski
For any questions, concerns, or further information regarding the above, please contact your District Council Member, the Common Council Legislative Staff Office, or the respective City Department.
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BUFFALO COMMON COUNCIL
David A. Franczyk
Fillmore District
1315 City Hall
851-4138
David A. Rivera
President Pro Tempore
Niagara District
1504 City Hall
851-5125
Richard A. Fontana
Majority Leader
Lovejoy District
1414 City Hall
851-5151
Michael J. LoCurto
Delaware District
1405 City Hall
851-5155
Darius G. Pridgen
Ellicott District
1408 City Hall
851-4980
Demone A. Smith
Masten District
1316-A City Hall
851-5145
Joseph Golombek, Jr.
North District
1502 City Hall
851-5116
David A. Franczyk
Fillmore District
1315 City Hall
851-4138
David A. Rivera
President Pro Tempore
Niagara District
1504 City Hall
851-5125
Richard A. Fontana
Majority Leader
Lovejoy District
1414 City Hall
851-5151
Michael J. LoCurto
Delaware District
1405 City Hall
851-5155
Darius G. Pridgen
Ellicott District
1408 City Hall
851-4980
Demone A. Smith
Masten District
1316-A City Hall
851-5145
Joseph Golombek, Jr.
North District
1502 City Hall
851-5116
Christopher P. Scanlon
South District
1401 City Hall
851-5169
Bonnie E. Russell
University District
1508 City Hall
851-5165
Common Council Legislative Staff Office
1413 City Hall
851-5105
1401 City Hall
851-5169
Bonnie E. Russell
University District
1508 City Hall
851-5165
Common Council Legislative Staff Office
1413 City Hall
851-5105
James N. Jackson
Legislative Assistant
City of Buffalo Com
mon Council
mon Council
1413 City Hall
Buffalo, NY 14202