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Home My WebLink About12-1002 (2)NO. 18 PROCEEDINGS OF THE CITY OF BUFFALO OCTOBER 2, 2012 MAYOR Hon. Byron W. Brown COMPTROLLER Mark J. F. Schroeder COMMON COUNCIL PRESIDENT OF THE COUNCIL LOVEJOY DISTRICT RICHARD A. FONTANA PRESIDENT PRO TEMPORE UNIVERSITY DISTRICT BONNIE E. RUSSELL MAJORITY LEADER MASTEN DISTRICT DEMONE A. SMITH DISTRICT COUNCIL MEMBERS DAVID A FRANCZYK - FILLMORE JOSEPH GOLOMBEK JR. — NORTH CHRISTOPHER P. SCANLON -SOUTH MICHAEL J. LO CURTO — DELAWARE DARIUS PRIDGEN - ELLICOTT DAVID A. RIVERA- NIAGARA REGULAR COMMITTEES CIVIL SERVICE COMMITTEE: Bonnie E. Russell Chairman, David A. Franczyk, Christopher P. Scanlon, Demone A. Smith- Members CLAIMS COMMITTEE: David A. Rivera Chairman, Joseph Golombek, Jr., Michael J. LoCurto, Bonnie E. Russell - Members COMMUNITY DEVELOPMENT COMMITTEE: Joseph Golombek, Jr., Michael J. LoCurto, Darius G. Pridgen, David A. Rivera, Bonnie E. Russell - Members FINANCE COMMITTEE: Christopher P. Scanlon, Chairman, Michael J. LoCurto, Darius G. Pridgen, Bonnie E. Russell, Demone A. Smith - Members. LEGISLATION COMMITTEE: Darius G. Pridgen, Chairman, David A. Franczyk, Joseph Golombek, Jr., David A. Rivera, Demone A. Smith, - Members. RULES COMMITTEE: Richard A. Fontana, Chairman, Bonnie E. Russell, Demone A. Smith - Members SPECIAL COMMITTEES BUDGET COMMITTEE: Demone A. Smith, Chairman, Joseph Golombek, Jr., Christopher P. Scanlon, Darius G. Pridgen, David A. Rivera - Members EDUCATION COMMITTEE: Demone Smith, Chairman, Joseph Golombek, Jr., Christopher P. Scanlon, Darius Pridgen - Members MINORITY BUSINESS ENTERPRISE COMMITTEE: Demone Smith Chairman, Joseph Golombek Jr., David A. Rivera, Bonnie E. Russell — Members POLICE OVERSIGHT: Joseph Golombek, Jr., Chairman, David A Franczyk, David A. Rivera, Bonnie E. Russell — Members PUBLIC TRANSPORTATION: Chairman, Christopher P. Scanlon, Michael J. LoCurto, David A. Rivera, Bonnie E. Russell- Members WATERFRONT DEVELOPMENT COMMITTEE: Chairman, Christopher P. Scanlon, David A. Franczyk, Joseph Golombek, Jr., Demone A. Smith - Members INVOCATION PLEDGE TO FLAG MAYOR MAYOR - EXECUTIVE DATE October 2, 2012 FINAL 1. Plan Bd -SEQR Negative Declaration -348 Abbott Rd(South) R &F 2. Strat Plan- Assumption of NYS Dept of State Grant for Republic Park Preliminary Design Project APP 3. Strat Plan- DePaul Properties, Inc Riverside Housing Development APP 4. Strat Plan -Grant Application to the Office of Parks Rec and Historic Pres APP 5. Strat Plan- Report of Sale 1086 Broadway(Former Fronczak Library(Fill) APP 6. Strat Plan- Report of Sale -437 Rhode Island(Nia) APP COMPTROLLER 7. Cert of Determination By the Comptroller Relative to Terms /Forms and Details of Sale - School Refunding Bonds R &F 8- 7A Gun Buy Back Audit R &F COUNCIL PRESIDENT 9- 8. Support for Amherst Town Board's Toll Barrier Resolution ADOPT 10- 9. SEQR- Rezoning 392 Kenmore(Univ) LEG ---- - - -10. No Item "" PUBLIC WORKS 11- 11. Change in Contract - Asarese Matters CC Gym Floor Reconst(North) APP 12- 12. M. Hoffert -Info Approving Banners Hung From Streetlight Poles R &F 13- 13. Notification of NYS DEC Permit for USACE to Implement Pesticide Control Times Beach R &F 14- 14. Perm to Engage in Agmt for Electronic Waste Collection and Recycling Svs APP 15- 15. Perm to Increase Contract Erdman Anthony Assoc -Main St Contract APP 16- 16. Perm to Release Mobile Application -City Road Conditions APP 17- 17. Report of Bids- LaSalle Park Concession Building Imp(Ell) APP 18- 18. Report of Bids - Replace Masten St Sidewalks APP 19- 19. Report of Bids Resurfacing of Darrow Alley APP 20- 19A. Report of Emergency Bid Fire Engine 35 Apparatus Bay Floor Stabilization APP 21- 19B Renew, Modify and Extend Lease Agmt Btwn COB & NWBCC- Use 155 Lawn Ave(North) APP 22- 20. Request for Authorization of Temporary Access Agmt LP Ciminelli, Inc to Enter a Portion of MLK Jr Park CD POLICE 23- 21. Drug Asset Forfeiture Wire Transfers R &F PERMITS AND INSPECTIONS 24- 22. Lodging House License -392 Curtiss St(Fill) LEG CITY CLERK 25- 23. Liquor License Applications R &F 26- 24. Leaves of Absence R &F 27- 25. Appoint Assistant Leg Aide(Cty Clk)(Palmer) ADOPT 28- 26. Appoint Leg Assistant(Council Staff)(Stanley ADOPT 29- 27. Appoint Senior Leg Assistant(Council Staff)(Wyatt) ADOPT 30- 28. Appoint Leg Assistant(Delaware)(Parobek) ADOPT 31- 29. Notices of Appointments - Council Interns ADOPT 32- 29A Notices of Appointment -Mayor R &F 33- 30. Notices of Appointment - Seasonal R &F 34- 31. Notices of Appointments- Temp /Prov /Perm CS 35- 31A Notices of Appointments- Temp /Prov /Perm CS 36- 31 B Application for Restricted Use Permit - Downtown Entertainment Review District -79 W. Chippewa LEG MISCELLANEOUS 37- 32. Bflo Water Bd Monthly Report- August 2012 R &F 38- 33. D. Bradley- Expected Additional Staffing and Slot Revenue Flows -SGC and COB - CD 39- 34. D. Bradley - Gambling Joints and Buffalo 2012 CD 40- 35. D. Bradley- Statement in Support of Rescinding the Casino Contract CD 41- 35A E. Hammer - Canisus College Student Pedestrian Safety Protection Plan CD 42- 36. K. Mecca -Info Peace Bridge Expansion Project CD 43- 37. K. Mecca - Concerns PBA's 2011 Wide Load Program Inc Traffic at Peace Bridge 44- 38. K. Mecca - Concerns Environmental Impact of Peace Bridge Exp Project CD 45- 38A. M. Rountree - Zoning Referral to EC Envir & Planning -392 Kenmore Ave LEG 46- 38B C. Scanlon -Help to Those Facing Foreclosure -Caz Resource Ctr -10/18 CD 47- 39. D. Smith -D. Rust Info Say Yes to Education R &F PETITIONS 48- 40. G. Clementi, Agent,Use 715 Elmwood, Establish Restaurant and Out Door Cafe(Del)(hrg 10/9) LEG,CPBD 49- 41. E.J. Gibbons, Agent, Use 420 Hopkins to Erect 2 & #3 Story Frame Senior Apt Bldg(South)(hrg 10/9) LEG,CPBD,ZONING 50- 42. S. Curtin, Agent, Use 3149 Main St to Erect 1 Story Addition and Alterations to a 2 Story Masonry Restaurant(Univ)(hrg 10/09) LEG,CPBD 51- 43. J. Bacy, Agent, Use 2001 Elmwood -Free Standing Sign(North)(no hrg)_LEG,CPBD 52- 44. B. Barnatozicz, Agent, Use 1975 Main St for 2 Ground Signs(Mas)(no hrg) LEG,CPBD RESOLUTIONS 78- 45. Fontana Waiver of Fees for Boy Scout Troop #128 ADOPT 79- 46. Franczyk,etc Appeal Court Ruling to Re -Open Illegal Delis ADOPT RES'S, REM LEG 80- 47. Franczyk Prevent Concrete Crushing ADOPT RES'S AS AMENDED, REM LEG 81- 48. LoCurto, etc Participatory Budgeting in the COB ADOPT RES'S, REM FIN 82- 48A Pridgen Disch Leg, CCP #66,9/4 -Rest Dance Class Renewal- 936 Elmwood(Del)(EDPI) ADOPT D/C APP 83- 49. Pridgen Cat Licensing in the COB LEG 84- 49A. Russell Ord Amd -Ch 511 Zoning -as it Relates to the Use Map LEG 85- 49B Scanlon Waive Band Shell Rental Fee -WNY United Against Drug & Alcohol Abuse Inc -Red Ribbon Week ADOPT 86- 50. Smith Appoint Assistant Leg Aide(Palmer) ADOPT 87- 50A Smith Illegal Dumping LEG 88- 51. Smith Waive Park Fees Associated With National Day of Remembrance For Murder Victims ADOPT 89- 51A Smith Comm of Deeds - Public Duties ADOPT CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO TUESDAY, OCTOBER 2, 2012 AT 2:00 P.M. Present — Richard A. Fontana, President of the Council, and Councilmembers: Franczyk, Golombek Jr., LoCurto, Pridgen, Rivera, Russell, Scanlon, Smith— 9 Absent — None -0 On a motion by Mr. Smith, Seconded by Mrs. Russell, the minutes of the stated meeting held on September 18, 2012 were approved. FROM THE MAYOR FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE CITY PLANNING BOARD NO. 1 PLAN BD -SEQR NEGATIVE DECLARATION -348 ABBOTT RD(SOUTH) SEQRA Notice of Determination Non Significance Negative Declaration This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (SEQR - State Environmental Quality Review) of the Environmental Conservation Law. Lead Agency: City of Buffalo Planning Board Room 901, City Hall 65 Niagara Square Buffalo New York 14202 As per the provisions of 8EQR, the Lead Agency has reviewed the following action as it relates to the environment: Action Title Comfort Dental Parking Lot Location: 348 Abbott Road Type of Action: Uncoordinated - Unlisted Description: Anthony G. Petrilli DDS is proposing the construction of a parking lot located at 348 Abbott Road, Buffalo New York. The proposed project includes the construction of a twelve (12) car parking lot adjacent to the Comfort Dental Office. The new parking lot will allow for the patients to have better handicap accessibility as well as alleviate parking problems that occur on the neighboring residential streets. As part of the proposed work, the parking area will be concrete, including two projective bollards for the gas meter and new interior curbing for adjacent house and landscaping protection. A new black wrought iron fences and gates will be installed at the entrance on Abbott Road end exit on Rutland Avenue. This project should enhance the appearance of the comer and provide security and privacy for the neighboring .houses end offices. No additional lighting will be added as the current lighting will be sufficient. A snow storage area is being provided. A new catch basin will be installed. The project is privately funded by the owner. As a result of this Environmental Review, the Lead Agency has determined the undertaking of This action will not have a significant adverse affect on the quality of the environment, No further environmental review of this action will be conducted prior to project implementation and a Draft Environmental Impact Statement will not be prepared, Reasons Supporting This Determination: The facts and reasons for this decision are as follows: The project will allow for less off street parking related to the dental business making more space to be readily available to the neighboring property owners as well as providing better accessibility to handicapped customers. The identified potential negative impacts appear to be primarily short -term site preparation and construction related activities, and do not appear to be significant in magnitude or effect. There are no actions related to the construction of this project which will have a significant adverse Impact on the environment. For further information relative to this Negative Declaration, contact Mr. Martin Grunzweig, Land Use Controls Coordinator, Room 901 City Hall, Buffalo New York 14202 - 716 851 -5085 Dated: September 25. 2012 RECEIVED AND FILED FROM THE OFFICE OF STRATEGIC PLANNING NO. 2 STRAT PLAN - ASSUMPTION OF NEW YORK STATE DEPARTMENT OF STATE GRANT FOR REPUBLIC PARK PRELIMINARY DESIGN PROJECT The New York State Department of State ( NYSDOS) has available unspent grant funding through the NYS Quality Communities Program. Funding from the original agreement with the Neighborhood Housing Services of South Buffalo ( NHSSB) was only partially spent and the NHSSB has agreed to release the remaining funding to enable another agency to assume the grant before the funding is lost (the remaining funding must be spent by March 31,2013). The NYSDOS has determined that the City of Buffalo is eligible to utilize these funds due to the city being listed on the original grant application and its past success at carrying out such grant projects. The NYSDOS stipulated that the funds be directed toward the general community along South Park Avenue, for which the grant was originally applied. The Office of Strategic Planning and Buffalo Urban Development Corporation (BUDC) are partnering on the South Buffalo Brownfield Opportunity Area (BOA) Project, within which RiverBend (former Republic Steel plant) is a strategic site. As part of the South Buffalo BOA, the RiverBend Master Plan calls for the redevelopment of the 200 -acre site into a mixed use employment center. The redevelopment of RiverBend will build on the success of the Buffalo Lakeside Commerce Park in reclaiming significant brownfield lands for productive use, increasing the city's tax base and providing hundreds of well - paying jobs. The available NYSDOS funding will be utilized to provide the preliminary design for Republic Park, which will be a key public amenity around which private development will be centered and which will be located along South Park Avenue, within the RiverBend site. Republic Park will play a role similar to that of the Ship Canal Commons park within the Buffalo Lakeside Commerce Park. In addition to providing an attractive amenity for economic development, it will also be a community asset that will enhance the quality of life for nearby residents. There is $44,440 remaining in the NYSDOS grant, with a required local match of $11,110. The project will be managed by the BUDC and the local match will be provided through the Buffalo Brownfield Redevelopment Fund, which is administered by the BUDC and ECIDA. There would be no expenditure of City of Buffalo funds for this project. I respectfully request Common Council approval to utilize the available NYSDOS grant funding in the amount of $44,440 for the Republic Park Preliminary Design Project. Accordingly, I am requesting that your Honorable Body authorize the Mayor to execute a contract with the New York State Department of State to assume the existing grant in the amount of $44,440. In addition, I request approval for the Mayor to execute a contract with the Buffalo Urban Development Corporation for the purpose of managing and implementing the Republic Park Preliminary Design Project. I am also requesting further authorization for pertinent City of Buffalo personnel to take all other steps and to enter into and execute such agreements and such related further documentation as is necessary in order to fully effectuate said agreements with the NYSDOS and BUDC and to implement the Republic Park Preliminary Design Project. Mr. Smith moved: That the above item be, and the above communication from the Executive Director of the Office of Strategic Planning, dated September 25, 2012, be received and filed; That the Common Council hereby approves the use of New York State Department of State (NYS DOS) grant funding in the amount of Forty -Four Thousand Four Hundred Forty Dollars ($44,440.00) for the Republic Park Preliminary Design Project; and That the Mayor is hereby authorized to execute a contract with NYS DOS to assume the existing grant in the amount of Forty -Four Thousand Four Hundred Forty Dollars ($44,440.00), and the Mayor hereby is authorize to execute a contract with the Buffalo Urban Development Corporation (BUDC) for the purpose of managing and implementing the Republic Park Preliminary Design Project; and that pertinent City of Buffalo personnel are authorized to take all other steps and enter into and execute such agreements and such related further documentation as is necessary in order to fully effectuate said agreements with the NYS DOS and BUDC and to implement the Republic Park Preliminary Design Project. PASSED AYES 9, NOES 0 NO. 3 STRAT PLAN - DEPAUL PROPERTIES, INC RIVERSIDE HOUSING DEVELOPMENT The subject PILOT matter was previously considered by the Common Council on May 15, 2012 as item number 7. The PILOT is being resubmitted because the initial filing inadvertently omitted the required PILOT payment schedule and due to the recent submission by the Developer /Owner of revised financial information that changes the PILOT Payment schedule. The net change is a reduction of approximately $527.76 to the City on an annual basis. In addition, the total number of units to be constructed has increased from 60 to 68. All other substantive terms and conditions of the PILOT as previously submitted remain unchanged. Your Honorable Body is hereby requested to approve the attached revised updated PILOT agreement between the City of Buffalo, the County of Erie, DePaul Properties, Inc. and Riverside SN Housing Development Fund Company, Inc. The project being proposed by DePaul Properties, Inc. is to redevelop the former Buffalo Public School 60 located at 238 Ontario Street in the City of Buffalo. DePaul Properties, Inc. is planning on rehabbing 68 units so that they can make the building into affordable rental housing meeting the requirements of Section 42 of the Internal Revenue Code and other applicable licensing authorities. The total project is estimated to cost $21,000.000.00. The property is currently owned by the City of Buffalo. On December 28, 2010, the Common Council approved the sale of the Property to DePaul Properties, Inc. for $180,000 subject to DePaul and the City entering into a mutually acceptable land disposition agreement and DePaul's receipt of sufficient project financing, including low income housing tax credits. One hundred percent (100 %) of the units are intended to be affordable for low and very low income residents, with incomes at or below 50% area median income. The amount of the PILOT payments are calculated based upon the City's PILOT policy that provides for payments in the amount of three percent (3 %) of the total income of the proposed budget, assuming a five percent (5 %) vacancy. Payments will increase by three percent per year for the duration of the 15 -year Pilot. This proposed development will enhance existing efforts to revitalize the neighborhood as well as provide much needed affordable low income housing for Military Vets in the area. Mr. Smith moved: That the above the above item be, and the above communication from the Executive Director of the Office of Strategic Planning, dated September 27, 2012, be received and filed; That That the Office of Strategic Planning be authorized to approve a PILOT agreement between the City of Buffalo, the County of Erie and DePaul Properties, Inc. The project being proposed by DePaul Properties, Inc. is to redevelop the former Buffalo Public School 60, located at 238 Ontario Street in the City of Buffalo. DePaul Properties, Inc. is planning on rehabbing 68 units so that they can make the building into affordable rental housing meeting the requirements of Section 42 of the Internal Revenue Code and other applicable licensing authorities. The total project is estimated to cost $21,000,000.00. The property is currently owned by the City of Buffalo. On December 28, 2010, the Common Council approved the sale of the property to DePaul Properties, Inc. for $180,000.00 subject to DePaul and the City entering into a mutually acceptable land disposition agreement and DePaul's receipt of sufficient project financing, including low income housing tax credits. One hundred percent (100 %) of the units are intended to be affordable for low and very low income residents, with income at or below 50% area median income. The breakdown of the unit affordability is 11 units affordable at 30% of the area median income, 10 units at 40% of the area median income and 39 units at 50% of the area median income. The amount of the PILOT payments are calculated based upon the City's PILOT policy that provides for payments in the amount of three percent (3 %) of the total income of the proposed budget, assuming a five percent (5 %) vacancy. Payments will increase by three percent (3 %) per year for the duration of the 15 -year PILOT. PASSED AYES 9, NOES 0 NO.4 STRAT PLAN -GRANT APPLICATION TO THE OFFICE OF PARKS, RECREATION AND HISTORIC PRESERVATION The purpose of this communication is to request authorization to submit a grant application to the New York State Office of Parks, Recreation and Historic Preservation. The grant application is a request of $67,000 to support the Reusing Buffalo's Building Stock, Economic Development through Historic Preservation Study. The proposed study is intended to further the economic development and reuse of the existing building stock of the City of Buffalo and provide a greater understanding of the specific resources, opportunities, and liabilities in downtown Buffalo and along the Historic Belt Line rail corridor. The City intends to engage consultants to survey the building stock in these areas to determine if any would qualify as historic in order to assessing the probability of access Historic Tax Credits to facilitate building reuse. This information will be used to create a database of building information and potential incentives to market the properties to investors. This project is in support of and will further the implementation of the Buffalo Building Reuse Project. Matching funds for the grant will be provided through staff support from the Mayors' Office of Strategic Planning, the Buffalo Urban Development Corporation and the Buffalo Niagara Partnership. The revitalization of the City of Buffalo's historic building stock will provide opportunities for new employment, additions to the tax base, and the creation of a vibrant downtown district and revitalized neighborhoods. I respectively request that your Honorable Body authorize the submission of the grant application of the State Office of Parks, Recreation and Historic Preservation; and that your Honorable Body further authorize actions taken to date in support of this application; and that your Honorable Body further authorize appropriate city personnel to take such actions and enter into such agreements and arrangements as are necessary to execute said contracts, if awarded, and to facilitate and implement the on -going objectives of this project. Mr. Smith moved: That the above item be, and the above communication from the Executive Director of the Office of Strategic Planning dated September 27, 2012, be received and filed; That the Common Council hereby authorizes the Executive Director of the Office of Strategic Planning to submit a grant application to the State Office of Parks, Recreation and Historic Preservation to request Sixty -Seven Thousand Dollars ($67,000.00) to support the Reusing Buffalo's Building Stock, Economic Development through Historic Preservation Study; and that appropriate city personnel are authorized to take such actions and enter into such agreements and arrangements as are necessary to execute said contracts, if awarded, and to facilitate and implement the on -going objectives of this project. PASSED AYES 9, NOES 0 NO. 5 STRAT PLAN - REPORT OF SALE 1086 BROADWYA (FORMER FRANCZAK LIBRARY(FILL) Report of Sale - Former Fronczak Library 1086 Broadway Lot Size: 84 x 17 w /30 x 28 Pc in NW corner Assessed Value: Land $13,400 Improvements: $186,600 Total: $200,000 Fillmore District The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Atiqur Rahman, Madina Accounting Services, 178 Stanislaus St., Buffalo NY 14212 to acquire 1086 Broadway (former Fronczak Library). He intends to rehabilitate the building to house his accounting firm and other professional offices. The rehabilitation proposal totals $115,000. No public dollars are involved in the proposal. The former library is a one story brick structure constructed in 1965. The building consists of approximately 7,379 sq. ft., located on the corner of Broadway and Loepere St. and is zoned C2. The basement is unfinished. The library was abandoned by Erie County for use of a Library in December of 2005. The request was forwarded to the Office of Strategic Planning Land Use Planning Committee, the Division of Permit and Inspection Services and the Division of Collections. There were no objections to the sale of the property and there are no taxes or other liens owed to the City of Buffalo by the purchaser. This action is a SEQRA Type II action pursuant to City Code Chapter 168 -5(B) (8); therefore, no further review is required. In accordance with Article 27 -5 of the City Charter, Sale by Appraisal, Mr. Rahman commissioned the GAR Associates, 2399 Sweet Home road, Amherst, NY 14228 to estimate the value of the property. Michael J. Putnam, Appraiser, and Ronald J. Rubino, MAI, Vice President /Appraiser, estimated the Fair Market Value of 1086 Broadway to be Seventy -Five Thousand Dollars ($75,000.00). The City of Buffalo Appraisal Review Board reviewed the appraisal report and concurs with the Appraiser's estimate of value. Mr. Rahman has agreed and is prepared to pay Seventy -Five Thousand Dollars ($75,000) for said property. The subject property shall be sold on condition that Mr. Rahman agrees to accept the property in "as is" condition; pay for the title search and title report, survey, transfer tax and recording fees; and provide the City of Buffalo with full release and indemnify the City as to environmental and other matters regarding the property. Absent such release and indemnity, the City could remain liable after the sale closing for environmental matters at the property. I am recommending that Your Honorable Body approve the sale of the abandoned library located at 1086 Broadway to Mr. Atiqur Rahman, Madina Accounting Services or an entity to be formed in the amount of Seventy -Five Thousand Dollars ($75,000). 1 am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. Mr. Smith moved: That the above item be, and the above item from the Office of Strategic Planning, dated September 11, 2012, be received and filed; That the offer from Mr. Atiqur Rahman, on behalf of Madina Accounting Services, 178 Stanislaus Street, Buffalo, New York, in the amount of Seventy -five Thousand Dollars ($75,000.00) for the purchase of 1086 Broadway, 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. 6 STRAT PLAN - REPORT OF SALE 437 RHODE ISLAND (NIA) Report of Sate 437 Rhode Island, 96.65' NE Utica Lot Size: 41'x 37' Assessed Valuation: $3,200. (Niagara District) The Office of Strategic Planning, Division of Real Estate has received a request from Ms. Lauren M. Kostek, 314 Hudson Street, Buffalo, New York 14201 to purchase 437 Rhode Island Street. Ms. Kostek recently purchased a two family dwelling at 435 Rhode Island, which is adjacent to 437 Rhode Island. She intends to use the vacant lot for green 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. 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 showed similar sales in the area range from One Dollar ($1.00) to One Dollar and Thirty Five Cents ($1.35) per square foot. Ms. Powell has agreed and is prepared to pay One Thousand Six Hundred Dollars ($1,600.), One Dollar ($1.00) per square foot for the subject property. She 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 437 Rhode Island Street to Ms. Laure M. Kostek in the amount of One Thousand Six Hundred Dollars ($1,600.). 1 am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. Mr. Smith moved: That the above item be, and the above item from the Office of Strategic Planning, dated September 11, 2012, be received and filed; That the offer from Ms. Lauren M. Kostek, 314 Hudson Street, Buffalo, New York, in the amount of One Thousand Six Dollars ($1,600.00) for the purchase of 1086 Broadway, be and hereby is accepted; and That the transfer tax, recording fees mad 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. 7 CERTIFICATE OF DETERMINATION BY THE COMPTROLLER RELATIVE TO THE TERMS, FORM AND DETAILS OF SALE AND ISSUANCE OF $11,230,000 SCHOOL REFUNDING BONDS -2012D AND $20,616,000 SCHOOL REFUNDING BONDS- 2012E, AGGREGATING $31,746,000, OF THE CITY OF BUFFALO, NEW YORK AND PROVIDING FOR THEIR PRIVATE SALE I, Mark J. F. Schroeder, Comptroller of the City of Buffalo (herein called the "City "), in the County of Erie, HEREBY CERTIFY that pursuant to the powers and duties delegated to me as the chief fiscal officer of the City, pursuant to Resolution No. 194, duly adopted on the 4th day of October, 1945, and pursuant to Resolution No. 160, duly adopted on the 1st day of November, 1994, and pursuant to the Refunding Bond Resolution duly adopted and as set forth in Section 1 hereof and subject to the limitations prescribed in said resolutions, I have made the following determinations: 1. (a) Authorization, Principal Amount, Maturity Schedule and Designation. (a) The $11,409,000 outstanding principal amount of Refunding School Serial Bonds - 2002 -G issued on November 26, 2002 and maturing in each of the years 2012 -2023, inclusive (said outstanding bonds referred to hereinafter as the "Prior 2002 -G Bonds ") issued pursuant to a refunding bond resolution adopted by the Common Council of the City on June 25, 2002, to refinance certain outstanding bonds of the City, shall be refunded by the issuance of $11,230,000 School Refunding Bonds -2012D (the "2012D Bonds "), authorized pursuant to the Refunding Bond Resolution duly adopted by the Common Council of said City on July 24, 2012, (the "Resolution "), entitled: "Refunding Bond Resolution of the City of Buffalo, New York, authorizing the refunding of all or a portion of various outstanding school bonds of said City, stating the plan of refunding, appropriating an amount not to exceed $35,000,000 therefor, authorizing the issuance of $35,000,000 Refunding Bonds of said City, or so much thereof as may be necessary, to finance said appropriation, and making certain determinations all relative thereto." (b) The $736,000 outstanding principal amount of Refunding School Serial Bonds - 2002 -D issued on November 26, 2002 and maturing in each of the years 2013 and 2014 (the "Prior 2002 -D Bonds "); $3,368,000 outstanding principal amount of Refunding School Serial Bonds - 2002 -E issued on November 26, 2002 and maturing in each of the years 2013 to 2023, inclusive (the "Prior 2002 -E Bonds "); and the $17,512,000 outstanding principal amount of Refunding School Serial Bonds - 2002 -F issued on November 26, 2002 and maturing in each of the years 2013 to 2024, inclusive (the "Prior 2002 -F Bonds ", and together with the Prior 2002 -G Bonds, Prior 2002 -D Bonds, and Prior 2002 -E Bonds, the "Prior Bonds ") issued pursuant to the refunding bond resolution adopted by the Common Council of the City on June 25, 2002 to refinance certain outstanding bonds of the City, shall be refunded by the issuance of $20,515,000 School Refunding Bonds -2012E (the "2012E Bonds ", together with the 2012D Bonds, being hereinafter referred to as the "Refunding Bonds" or the "Bonds ") authorized pursuant to the refunding bond resolution referred to in the preceding paragraph. (c) The 2012D Bonds shall mature on December 1 in the aggregate principal amounts and bear interest in each of the years at set forth below: Interest Interest Maturity Amount Rate 2012 $ 905,000 1.00% 2013 835,000 1.00 2014 850,000 3.00 2015 875,000 2.00 2016 890,000 2.00 2017 915,000 3.00 2018 935,000 2.00 2019 955,000 2.00 2020 730,000 3.00 2020 250,000 2.75 2021 1,005,000 2.00 2022 1,025,000 2.25 2023 1,060,000 4.00 (d) The 2012E Bonds shall mature on February 1 in the aggregate principal amounts and bear interest in each of the years at set forth below: Interest Maturity Amount Rate 2013 $1,640,000 1.00% 2014 1,810,000 3.00 2015 1,480,000 3.00 2016 1,520,000 3.00 2017 1,570,000 4.00 2018 1,630,000 4.00 2019 1,020,000 5.00 2019 675,000 3.00 2020 1,770,000 5.00 2021 1,855,000 3.00 2022 1,910,000 3.00 2023 1,745,000 2.375 2023 225,000 4.00 2024 1,515,000 2.50 2024 150,000 4.00 2. Present Value Savings. The present value savings to be realized through the refunding of the Prior Bonds is set forth in the final refunding financial plan attached hereto as Appendix A. 3. Issue Date. The Bonds shall be dated September 25, 2012. The date of each Bond shall appear on the face thereof following the caption "Date of Original Issue ", and each Bond shall bear interest from such date. 4. Interest Rate, and Dates and Medium of Payment. The 2012D Bonds shall bear interest from their date at the rates per annum set forth in Section 1 hereof, payable December 1, 2012 and semi - annually thereafter on June 1 and December 1 in each year until maturity, payable in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts. The 2012E Bonds shall bear interest from their date at the rates per annum set forth in Section 1 hereof, payable February 1, 2013, August 1, 2013 and semi - annually thereafter on February 1 and August 1 in each year until maturity, payable in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private dens. Interest thereon shall be paid by wire transfer or in clearinghouse funds on each interest payment date, payable to the person in whose name the Bond is registered at his address shown upon the books of the City kept for that purpose at the offices of Manufacturers and Traders Trust Company, Buffalo, New York as fiscal agent (the "Fiscal Agent'), as of the close of business on the fifteenth day of the month preceding each interest payment date. 5. Bonds Subject to Optional Redemption. The 2012D Bonds maturing on or before December 1, 2022 are not subject to redemption prior to maturity. The Bonds maturing on or after December 1, 2023 will be subject to redemption prior to maturity at the option of the City on December 1, 2022 and thereafter on any date, as a whole or in part, as specified by the City, in such order of maturity as may be determined by the City, at par, plus accrued interest to the date of redemption. The 2012E Bonds maturing on or before February 1, 2022 are not subject to redemption prior to maturity. The Bonds maturing on or after February 1, 2023 will be subject to redemption prior to maturity at the option of the City on February 1, 2022 and thereafter on any date, as a whole or in part, as specified by the City, in such order of maturity as may be determined by the City, at par, plus accrued interest to the date of redemption. The City may select the maturities of the Bonds to be redeemed prior to maturity and the amount to be redeemed of each maturity selected, as the City shall determine to be in the best interest of the City at the time of such redemption. So long as DTC or a successor securities depository is the sole registered owner of the Bonds, the City will cause notice of redemption to be given only to DTC as registered owner. The selection of the book -entry interests within each Bond maturity to be redeemed will be done in accordance with DTC procedures. Notice of redemption shall be given by mailing such notice to the registered holders of Bonds to be redeemed at their respective addresses as shown upon the registration books of the City maintained by the Fiscal Agent at least 30 days prior to the date set for any such redemption. If notice of redemption shall have been given as aforesaid, the Bonds so called for redemption shall become due and payable at the applicable redemption price on the redemption date designated in such notice, and interest on such Bonds shall cease to accrue from and after such redemption date. 6. Bond Insurance. Payment of principal of and interest on the 2012D Bonds maturing in each of the years 2018 through 2023, inclusive, and on the 2012E Bonds maturing in each of the years 2018 through 2024, inclusive (the "Insured Bonds ") when due will be guaranteed under a Municipal Bond Insurance Policy to be issued concurrently with the delivery of the Insured Bonds by Assured Guaranty Municipal Corp. ( "AGM "). The amount payable to AGM, as premium for the policy on the Bonds will be paid to AGM from the proceeds of the Bonds at the closing on September 25, 2012. 7. Denominations, Numbers and Letters. The Bonds maturing in each year shall be issued as fully registered bonds in denominations of $5,000 or any integral multiple thereof. The 2012D Bonds shall be lettered DR, and shall be numbered separately from one (1) consecutively upward in the order of their issuance. The 2012E Bonds shall be lettered ER, and shall be numbered separately from one (1) consecutively upward in order of their issuance. All of the Bonds shall be transferable and exchangeable as provided herein. 8. Book Entry System. The Bonds when issued shall be (i) registered in the name of Cede & Co., as nominee of The Depository Trust Company, New York, New York ( "DTC'), and (ii)deposited with DTC to be held in trust until maturity. Only one Bond certificate will be initially issued for each maturity in the aggregate principal amount of such maturity. DTC is an automated depository for securities and clearinghouse for securities transactions, and will be responsible for establishing and maintaining a book -entry system for recording the ownership interests of its participants, which include certain banks, trust companies and securities dealers, and the transfers of the interests among its participants. The DTC participants will be responsible for establishing and maintaining records with respect to the beneficial ownership interests of individual purchasers in the Bends. Individual purchases of beneficial ownership interests in the Bonds may only be made through book entries (without certificates issued by the City) made on the books and records of DTC (or a successor depository) and its participants, in the denominations of $5,000 or integral multiples thereof. Beneficial owners of the Bonds will not receive certificates representing their interest in the Bonds. Principal of and interest on the Bonds will be payable by the City or its agent by wire transfer or in clearinghouse funds to DTC or its nominee as registered owner of the Bonds pursuant to the Blanket Letter of Representations dated August 15, 1995 between the City and DTC. Transfer of principal and interest payments to participants of DTC will be the responsibility of DTC; transfer of principal and interest payments to beneficial owners by participants of DTC will be the responsibility of such participants and other nominees of beneficial owners: The City will not be responsible or liable for payments by DTC to its participants or by DTC participants to beneficial owners or for maintaining, supervising or reviewing the records maintained by DTC, its participants or persons acting through such participants. 9. Discontinuance of Book Entry System. In the event that (a)DTC determines to discontinue providing its service with respect to the Bonds by giving notice to the City and discharging its responsibilities with respect thereto under applicable law, and the City fails to appoint a successor securities depository for the Bonds, or (b)the Cit3_ determines to discontinue the system of book -entry transfers through DTC (or a successor securities depository), then bond certificates shall be delivered to the beneficial owners upon registration of the Bonds held in the beneficial owners name. After such registration the beneficial owners shall become the registered owners of the Bonds. In such event, the Comptroller of the City shall execute a Supplemental Certificate of Determination which will set forth the terms, form and details of issuance of such bond certificates. 10. Fiscal Agent. Manufacturers and Traders Trust Company, Buffalo, New York is hereby appointed as Fiscal Agent for the Bonds pursuant to, and to act in accordance with, applicable provisions of the Local Finance Law Chapter 33 -a of the Consolidated Laws of the State of New York. 11. Execution of Bonds. The Bonds shall be executed in the name of the City by the manual signature of the City Comptroller, and shall have the corporate seal of the City, or a facsimile thereof, affixed, imprinted, engraved or otherwise reproduced thereon. 12. Transfer of Bonds. Each Bond shall be transferable, only upon the books of the City, which shall be kept for such purpose at the office of the Fiscal Agent, by the registered owner thereof in person or by his attorney duly authorized in writing; upon surrender thereof together with a written instrument of transfer or exchange satisfactory to the Fiscal Agent duly executed by the registered owner or his duly authorized attorney. Upon transfer of any such Bond, the City shall issue in the name of the transferee or the registered owner a new Bond or Bonds of the same aggregate principal amount and maturity as the surrendered Bond. The Fiscal Agent may deem and treat the person in whose name any Bond shall be registered upon the books of the City as the absolute owner of such Bond, whether such Bond shall be overdue or not, for the purpose of receiving payment of, or on account of, the principal of and interest on such Bond and for all other purposes, and all such payments so made to any such registered owner or upon his order shall be valid and effectual to satisfy and discharge the liability upon such Bond to the extent of the sum or sums so paid, and neither the City nor the Fiscal Agent shall be affected by any notice to the contrary. 13. Regulations With Respect to the Exchanges and Transfers. In all cases in which the privilege of exchanging or transferring Bonds is exercised, the City shall execute and deliver Bonds in accordance with the provisions hereof. All Bonds surrendered in any such exchanges or transfers shall forthwith be cancelled by the Fiscal Agent. For every such exchange or transfer of bonds, the Fiscal Agent may make a charge sufficient to reimburse the City for any tax, fee or other governmental charge required to be paid with respect to such exchange or transfer, and may charge a sum sufficient to pay the cost of preparing each new bond issued upon such exchange or transfer, which sum or sums shall be paid by the person requesting such exchange or transfer as a condition precedent to the exercise of the privilege of making such exchange or transfer: The City shall not be obliged to make any such exchange or transfer of Bonds between the fifteenth day of the month preceding an interest payment date and such interest payment date. 14. Sale of Bonds. The Bonds are hereby sold at private sale to Morgan Keegan & Company, Inc., New York, New York, as Representative in the Bond Purchase Agreement dated September 6, 2012 between said Representative and the City, for the purchase price of $33,394,335.10 to the date of delivery of and payment for the Bonds (September 25, 2012). The aggregate initial offering price for the Bonds will be $33,545,987.60 plus said accrued interest. Pursuant to Section 90.10 of the Local Finance Law, constituting Chapter 33 -A of the Consolidated Laws for the State of New York, as amended, the terms and conditions of such sale are subject to the approval of the State Comptroller. Delivery of the Bonds to the purchasers thereof shall be effected on or about September 25, 2012, upon (i) receipt by the City of the purchase price of the Bonds, and (ii) deposit of the Bonds with DTC to be held in trust until maturity. 15. Form of Bonds. Said Bonds shall be in substantially the form set forth in Appendix B hereto. I HEREBY FURTHER CERTIFY that the powers and duties delegated to me to issue and sell the Bonds hereinabove described and referred to are in full force and effect and have not been modified, amended or revoked. IN WITNESS WHEREOF, I have hereunto set my hand as of this 6th day of September, 2012. Mark J. F. Schroeder Comptroller Copy available for review in the City Clerk's Office RECEIVED AND FILED NO. 8 GUN BUY BACK AUDIT We have performed an audit of the Gun Buy Back Program as performed by the Buffalo Police Department on August 18, 2012. It was the objective of this Audit to review the procedures followed during the gun buyback program on August 1 g, 2012, which consisted of the purchase of firearms using a "no questions asked /no identification required" format, administered by the Department of Police. In total, 745 weapons were turned in and $32,065 in debit cards was issued. Our findings and recommendations are explained in the attached Audit Report. Given that this was a program of limited time and scope, an exit conference was not scheduled. We had one recommendation relating to locations and the reasonableness of continuing in low volume locations as well as the potential to explore the option of alternate locations or consolidations of current locations. If you have any questions on this matter, please feel free to contact the Department of Audit and Control. RECEIVED AND FILED FROM THE PRESIDENT OF THE COUNCIL NO. 9 SUPPORT FOR AMHERST TOWN BOARD'S TOLL BARRIER RESOLUTION Mr. Chwalinski: Please file the following item for the upcoming meeting of the Common Council. Thank you for your assistance in this matter. Council President Town of Amherst 5583 Main Street Williamsville, New York 14221 Dear Councilmembers: The City of Buffalo Common Council is writing in regards the Amherst Town Board's Toll Barrier Resolution #2012 -728. The Amherst Town Board is inviting the New York State Thruway Authority Chairman to hold a board meeting at the "Buffalo Location" of the New York State Thruway Authority and around that time to meet with various impacted community's elected officials. The Amherst Town Board has also requested the New York State Thruway Authority to make available a spokesperson as well as subject matter experts on the history, current state, and future projection of the related projects to enter into a public presentation, facilitated within the Town of Amherst and coordinated with the Councilmembers office. The City of Buffalo Common Council would like to offer this letter Of support for the Amherst own Board s Toll Barrier Resolution #2012 -728 which was unanimously approved on August 20, 2012. ADOPTED NO. 10 SEQR- REZONE 392 KENMORE(UNIV) Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only Item available for review in the City Clerk's Office REFERRED TO THE COMMITTEE ON LEGISLATION. FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO. 11 CHANGE IN CONTRACT ASARESE MATTERS COMMUNITY CENTER GYM FLOOR RECONSTRUCTION JOB #1173 NORTH DISTRICT I hereby submit to Your Honorable Body the following changes for the Asarese Matters Community Center, Gym Floor Reconstruction, Miller Enterprises, C #93000875. While reconstructing the gym floor the bleachers were found to be structurally unstable and a safety hazard to the public. Also during reconstruction it was found that the flashing joints needed to be reconstructed so the gym floor could be properly installed. 1. Remove and Dispose of Existing Bleachers Add $1,886.00 2. Reconstruct roof slashing joints Add $2,158.00 The foregoing change results in a net increase in the contract of Four Thousand Forty Four and 00/100 Dollars ($4,044.00). Costs have been reviewed by the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in 34323106 445100 - Buildings. Summary: Original Contract Amount $64,000.00 Amount of this Change Order( #1) Add $ 4,044.00 Revised Contract Amount $68,044.00 Costs have been reviewed by the Department of Public Works, Parks and Streets and were found to be fair and equitable. Funds for this work are available in 34323106 445100 - Buildings Mr. Smith moved: That the above item be, and the above communication from the Commissioner of Public Works, Parks and Streets dated September 24, 2012, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to execute Change Order #1 in the amount of $4,044.00 (Current Contract Amount $64,000.00 + Change Order #1 $4,044.00 for a Total Contract Amount of $68,044.00) for the Asarese Matters Community Center, Gym Floor Reconstruction to Miller Enterprises, C #93000875. The funds are available 34323106 445100 - Buildings. PASSED AYES -9 NOES -0 NO. 12 M. HOFFERT -INFO APPROVING BANNERS HUNG FROM STREETLIGHT POLES Mr. Chwalinski, The Common Council has been regularly approving various requests to hang banners from streetlights and other City structures. These approvals are causing significant problems between citizens requesting these banners and Department of Public Works staff. More specifically, once the Common Council grants approval to hang the banner(s), Public Works becomes the enforcer of the City's "Banner Specifications" attached. These specifications specifically prohibit advertising and mandate review and approval by the Buffalo Arts Commission. Furthermore, the Council is granting approval for banners on streetlights that are shorter than 14 feet, 6 inches which is the lowest height that a banner can hang down, because it would be a traffic hazard. Most importantly, we require each streetlight pole to be inspected to be sure that it can support the additional stresses incurred with carrying a banner in varying conditions. The City of Buffalo also requires the petitioner to purchase a Liability Insurance policy in the amount of one million dollars naming the City as additionally insured. I am sure you will agree that we must strictly enforce these specifications for the safety of the citizens and the security of our City. It is for these reasons that I am requesting a modification to the process by which the Common Council approves these requests. I believe the Common Council should only approve /permit the hanging of banners after we are assured that the installations will be in compliance with our specifications. The only way this can be accomplished is through the Council referring these items to the Department of Public Works and the Buffalo Arts Commission prior to granting the requests. RECEIVED AND FILED NO. 13 NOTIFICATION OF NYS DEC PERMIT FOR USACE TO IMPLEMENT PESTICIDE CONTROL OF AN AQUATIC PEST AT TIMES BEACH The Department of Public Works, Parks and Streets is hereby notifying Your Honorable Body that this department has authorized the New York State Department of Environmental Conservation to permit the United States Army Corps of Engineers to implement a pesticide control plan of an aquatic pest at Times Beach. A copy of the implementation plan is attached. RECEIVED AND FILED NO. 14 STREET SANITATION PERMISSION TO ENGAGE IN AGREEMENT FOR ELECTRONIC WASTE COLLECTION AND RECYCLING SERVICES I respectfully request that Your Honorable Body authorize the Department of Public Works, Parks and Streets to engage in an agreement with Sunnking, Inc. for electronic waste collection and recycling services. No payments are made to the vendor as this agreement involves the City of Buffalo getting financial rebates for all electronic waste generated and collected in the city. The vendor has been chosen through a Request for Proposal (RFP) process. See RFP results below: Sunnking- $0.10 per lb • RCR &R- $0.091 per lb • Ed Arnold Scrap - $0.01 per lb Permission to Engage In Agreement - Electronic Waste Collection and Recycling Services Mr. Smith moved: That the above item be, and the above communication from the Commissioner of Public Works, Parks and Streets, dated September 26, 2012, be received and filed; and That the Department of Public Works, Parks and Streets is hereby authorized to engage in an agreement with Sunnking, Inc. for electronic waste collection and recycling services. PASSED AYES -9 NOES -0 NO. 15 PERMISSION TO INCREASE CONTRACT ERDMAN- ANTHONY ASSOCIATES MAIN STREET CONTRACT #92010422 PIN #5134.03 UNIVERSITY, DELAWARE & MASTEN DISTRICT Contract Summary: Contract Amount: $7,447,000.00 +Amount of Change Order: $ 64,141.23 Revised Contract Amount: $7,561,141.23 City Share of Change Order (5 %) or $3,207.07 1 hereby submit to Your Honorable Body the following change for this contract. Erdman - Anthony Associates is the engineering consultant for the Main Street Reconstruction Project for the City of Buffalo. This project included study, preliminary and detailed design, and construction management /inspection. This increase is necessary for the final close -out of this project. All construction work has been completed and accepted by the City of Buffalo. This change is necessary to perform the final close -out and preparation of final documents for the City. This is a federally funded project and the funding breakdown is 80% Federal, 15% State, and 5% City. I respectfully certify that this increase is fair and equitable for the work involved, and request that Your Honorable Body approve the subject change order and authorize the Commissioner of Public Works, Parks and Streets to issue said increase for $64,141.23. Of this amount, 5% or $3,207.07 is the City share of the change. The Federal and State portions (95 %) have already received approval. Tie funds are available in Capital Projects account 33656606- 445600. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of Public Works, Parks and Streets dated September 17, 2012, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to execute Change Order #1 in the amount of $64,141.23 (Current Contract Amount $7,447,000.00 + Change Order #1 $64,141.23 for a Total Contract Amount of $7,561,141.23) for the Main Street Reconstruction Project for the City of Buffalo to Erdman - Anthony Associates. Of the $64,141.23, five percent (5 %) or $3,207.07 is the City share of the change. The Federal and State portions (95 %) have already received approval. The funds are available through Capital Projects account 33656606- 445600. PASSED AYES -9 NOES -0 NO. 16 PERMISSION TO RELEASE MOBILE APPLICATION FOR CITY ROAD CONDITIONS, WEATHER, NEWS, AND VEHICLE LOCATION I respectfully request that Your Honorable Body authorize the Department of Public Works, Parks and Streets to launch a mobile application as an expansion of our vehicle GPS contract with Inter Fleet. This software application would be available on mobile devices (including iPhone and Android) and allow the public to view City of Buffalo news updates, weather, traffic camera images, and time - delayed snow plow locations. There are zero costs to the City of Buffalo for the development and launch of this application. The City would also be the first US municipality to implement such a service for its residents. See attached Statement of Work for more details. Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated September 26, 2012, be received and filed; and That the Common Council hereby authorized the Department of Public Works, Parks and Streets to launch a mobile application as an expansion of their vehicle GPS contract with Inter Fleet. The software application would be available on mobile devices and allow the public to view City of Buffalo news updates, weather, traffic camera images, and time - delayed snow plow locations. There is no cost to the City of Buffalo for the development and launch of this application. PASSED AYES -9 NOES -0 NO. 17 REPORT OF BIDS LASALLE PARK CONCESSION BUILDING IMPROVEMENTS JOB #1236 EILICOTT DISTRICT I requested on August 22, 2012 and received the following bids for LaSalle Park, Concession Building Improvements, on September 11,2012. Miller Enterprises $28,700.00 12 Newfield, Buffalo, NY Lamparelli Construction $29,000.00 590 Kennedy, Cheektowaga, NY Morris Masonry $54,745.00 441 Bailey, Buffalo, NY I hereby certify that the foregoing is a true and correct statement of all bids received and that Miller Enterprises, with a bid of $28,700.00, add contingency in the amount of $2,700.00, for a total bid price of Thirty One Thousand Four Hundred and 00/100 Dollars ($31,400.00) is the lowest responsible bidder in accordance with the plans and specifications. Funding for this project is available in 32400306 445100 - Buildings. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of Public Works, Parks and Streets, dated September 19, 2012, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to award and execute a contract for LaSalle Park, Concession Building Improvements, in the Total amount of $28,700.00 to Miller Enterprises, to be funded through Account 32400306 445100 - Buildings. PASSED AYES -9 NOES -0 NO. 18 REPORT OF BIDS GROUP 763 REPLACEMENT OF MASTEN DISTRICT SIDEWALKS In obtaining these bids for the above mentioned project, I have asked for unit price covering the various items of work and material which will be performed. The final cost of the work will be based on the actual measured quantities of materials entering into the work and may be either more or less than the total bid. The following bids were received: Base Bid Base bid + 10% Unit Price Increase P & J Construction Co., Inc. $348,345.35' $383,179.89' 709 Pleasant View Drive, Lancaster, NY 14086 Master's Edge, Inc. $369,060.00 $405,966.00 3409 Broadway, Cheektowaga, NY 14227 New Cal Construction, Inc. $369,890.00' $406,879.00' 10994 Tinkham Road, Darien Center, NY 14040 Valerie Concrete $381,410.00' $419,551.00 98 Periwinkle Court, East Amherst, NY 14051 -1235 Roman Construction $411,706.45' $452,877.10' 'Adjusted Amount to correct mathematical errors in the calculation of the bid I hereby certify that the low bidder for the above project is P & J Construction Co., Inc.. I respectfully recommend a contract award in the amount of $383,179.89 ($348,345.35 -Base Bid + $34,506.54 -10% unit price increase = $383,179.89 - Total Contract Amount) . Funds for this contract are available in #34311106 - 445100, and an account(s) to be named at a later date. The engineer's estimate for this work is $350,000.00. The attached is certified to be a true and correct statement of the bid received. Under provisions of the General Municipal Law, any of the bidders may withdraw his bid if an award of the contract is not made by November 2 h 2012. Individual bid submissions are available in our office for inspection and copies are available upon request. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of Public Works, Parks and Streets, dated September 21, 2012, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to award and execute a contract for Replacement of Masten District Sidewalks, in the Total amount of $383,179.89 (Base Price - $348,345.35 - 10% unit price increase = Total Contract Amount $383,179.89) to P & J Construction Co., Inc., to be funded through Account #34311106 - 445100, and an account to be named at a later date. PASSED AYES -9 NOES -0 NO. 19 REPORT OF BIDS GROUP 764 -B RESURFACING OF DORROW ALLEY In obtaining these informal bids for the above mentioned project, I have asked for unit price covering the various items of work and material which will be performed. The final cost of the work will be based on the actual measured quantities of materials entering into the work and may be either more or less than the total bid. The following bids were received: Base Bid Thomann Asphalt Paving Corp. $10,520.00 56 Gunville Road, Lancaster, NY 14086 Destro & Brothers Concrete Co., Inc. $13,500.00 411 Ludington Street, Buffalo, NY 14206 Louis Del Prince & Sons Did not submit bid 580 Cayuga Road, Cheektowaga, NY 14225 1 hereby certify that the low bidder for the above project is Thomann Asphalt Paving Corporation. I respectfully recommend a contract award to Thomann Asphalt in the amount of $10,520.00 with a contingency amount of $1,000.00. Funds for this contract are available in #35314506 - 445100 and an account(s) to be named at a later date. The attached is cert fled to be a true and correct statement of the bid received- Under provisions of the General Municipal Law, any of the bidders may withdraw his bid if an award of the contact is not made by November 5 th 2012. Individual bid submissions are available in our office for inspection and copies are available upon request. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of Public Works, Parks mad Streets, dated September 24, 2012, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to award and execute a contract for the resurfacing of Darrow Alley, in the Total amount of $10,520.00 to Thomalm Asphalt Paving Corp., to be funded through Account #35314506 - 445100, and an account to be named at a later date. PASSED AYES -9 NOES -0 NO. 20 REPORT OF EMERGENCY BID FIRE ENGINE 36 APPARATUS BAY FLOOR STABILIZATION JOB# 1267 FILLMORE DISTRICT I received the following emergency bids for Fire Engine 35, Apparatus Bay Floor Stabilization, on September 28, 2012. The apparatus bay floor has to be stabilized to allow the Fire Department to move their ladder truck back into the bay before inclement weather starts. The fire truck must be in a controlled environment to respond to an event. Allgaier Construction $16,500.00 4790 Thompson, Clarence, NY Miller Enterprises $17,400.00 12 Newfield, Buffalo, NY C. Nichter $17,400.00 30 Wildwood, Lancaster, NY The Commissioner of Public Works, Parks & Streets has declared an emergency and entered into an agreement with Allgaier Construction in the amount of Sixteen Thousand Five Hundred and 00/100 Dollars ($16,500.00). Funding for this project is available in 34323706 445100 - Buildings. Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated September 28, 2012, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to enter into an agreement for Engine 35 stabilization of the bay floor to allow the Fire Department of move their ladder truck back into the bay before inclement weather starts to Allgaler Construction in the amount of Sixteen Thousand Five Hundred Dollars (16,500.00). Funding for this project is available in Account 34323706 445100 - Buildings. PASSED AYES -9 NOES -0 NO. 21 RENEW, MODIFY AND EXTEND LEASE AGREEMENT BETWEEN THE CITY OF BUFFALO AND NORTHWEST BUFFALO COMMUNITY CENTER, INC. FOR USE OF 155 LAWN AVENUE NORTH DISTRICT ITEM NO. 122, C.C.P. 12/28/1999 The Department of Public Works, Parks and Streets has received a request from the Northwest Buffalo Community Center, Inc. to renew, modify and extend their lease agreement. The lease ran from September 1988 through August 1998, and thereafter was renewed, modified and extended through August 2008. The lease has been on a month -to -month basis since September 2008. The Northwest Buffalo Community Center is a not for profit organization that offers and facilitates a multitude of human service programs including social, health related and education activities. The City and the Northwest Buffalo Community Center, Inc. desire to now renew, modify and extend said lease for a term commencing as of October 1, 2012 and running through September 30, 2017 with a five year renewal option available thereafter through September 30, 2022 but said five year renewal option term is only available if both the City and the Northwest Buffalo Community Center, Inc. then agree to the renewal upon or just prior to expiration of the term ending September 30, 2017. One of Northwest Buffalo Community Center, Inc.'s subtenants (Northwest Buffalo Community Health Care Center) is arranging for grant funding through the U.S. Department of Health and Human Services, Health Resources and Services Administration Affordable Care Capital Development - Immediate Facility Improvements Grant Program. The grant funding source requires more than a month to month lease arrangement as part of the grant funding requirements. Certain lease terms shall remain the same including but not limited to: 1. The annual rental fee shall be One Dollar per year. 2. The lessee agrees to hold the City harmless, and provide appropriate insurance. 3. All alterations and improvements are subject to prior written approval of the City's Director of Buildings or Public Works Commissioner. 4: The City shall be responsible for all major repairs and /or structural changes to include but shall not be limited to: a.) Repair and replacement of roofing, gutters, conductors, fences, sidewalks and sewers; b.) Exterior painting; c.) Replacement of electrical fixtures or re- wiring work; d.) Replacement of plumbing fixtures; e.) Replacement of heating equipment Provided, however, that funds are made available to the Division of Buildings for all such work listed above. The lessee shall perform all ordinary and minor repairs necessary to keep and maintain the Community Center, grounds, equipment, fixtures and appurtenances thereof in good, safe and sound condition and repair during the term of the lease agreement, which shall include but not be limited to the following. a.) Furnish and install light bulbs, tubes or fuses; b.) Make minor repairs to plumbing, i.e., replace faucet bibs, adjust or replace Closet valves, remove stoppages in sink traps and toilet bowls; c.) Make adjustments and minor repairs to oil and gas burners, heating Equipment and air conditioning; d.) Do routine glazing; e.) Adjust and repair door locks and door checks; f.) Do all interior painting g.) Provide housekeeping maintenance to keep the said premises in a clean and sanitary condition; h.) Remove snow, ice and retained water. Certain lease terms have changed such as requiring the lessee to pay all utility charges. A copy of the draft lease renewal, modification and extension is attached for your reference. This office requests and recommends that Your Honorable Body: 1. Approve a lease renewal, modification and extension agreement according to the above basic terms and other terms and conditions as are recommended and negotiated into the lease by the City Division of Real Estate, City Department of Public Works and the Corporation Counsel, including but not limited to such provisions as are necessary to facilitate a grant or grants for operations within the Community Center; 2. Authorize pertinent City personnel to take all such steps and actions and to execute such agreements and /or documents as shall be reasonably necessary to achieve the purpose and objectives of the lease renewal, modification and extension agreement; 3. Authorize the Corporation Counsel to prepare said lease renewal, modification, and extension agreement and negotiate same to finalization; and 4. Authorize the Mayor execute the lease renewal, modification and extension agreement: Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated October 1, 2012, be received and filed; The Common Council hereby authorizes the Department of Public Works, Parks and Streets to renew, modify and extend the lease agreement with the Northwest Buffalo Community Center upon the following terms and conditions: 1. The annual rental fee shall be One Dollar per year. 2. The lessee agrees to hold the City harmless, and provide appropriate insurance. 3. All alterations and improvements are subject to prior written approval of the City's Director of Buildings. 4. The City shall be responsible for all major repairs and /or structural changes to include but shall not be limited to: a.) Repair and replacement of roofing, gutters, conductors, fences, sidewalks and sewers; b.) Exterior painting; C.) Replacement of electrical fixtures or re- wiring work; d.) Replacement of plumbing fixtures; e.) Replacement of heating equipment That the Common Council hereby: 1. approves a lease renewal, modification and extension agreement according to the above basic terms and conditions and in accordance also with the terms and provisions as are included in the above referenced communication from the Department of Public Works, Parks and Streets and such other terms and provisions as are recommended and negotiated into the lease by the City Division of Real Estate, City Department of Public Works and the Corporation Counsel, including but not limited to such provisions as are necessary to facilitate a grant or grants for operations within the Community Center; 2. authorizes pertinent City personnel to take all such steps and actions and to execute such agreements and /or documents as shall be reasonably necessary to achieve the purpose and objectives of the lease renewal, modification and extension agreement; 3. authorizes the Corporation Counsel to prepare said lease renewal, modification and extension agreement and negotiate same to finalization; and 4. authorizes the Mayor to execute the lease renewal, modification and extension agreement. PASSED AYES -9 NOES -0 NO. 22 REQUEST FOR AUTHORIZATION OF TEMPORARY ACCESS AGREEMENT FOR LP CIMINELLI, INC. TO ENTER A PORTION OF MILK, JR. PARK The Department of Public Works, Parks and Streets is hereby requesting Your Honorable Body authorize this department to enter a temporary access agreement with LP Ciminelli, Inc. to enter a portion of MLK, Jr. Park adjacent to Public School #59 for the purposes of contracting a temporary staging and work area in conjunction with the reconstruction of Dr. Charles R. Drew Science Magnet (P.S. #59). REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT. FROM THE COMMISSIONER OF POLICE NO. 23 DRUG ASSET FORFEITURE WIRE TRANSFERS CCP# 104,2/2/88 12 -DEA- 560611 C2 -12 -0055 2,589.51 12 -DEA- 563748 C2 -12 -0085 1.103.16 12 -DEA- 563749 C2 -12 -0086 2,771.58 12-DEA-563815 C2 -11 -0162 2.704.82 12 -DEA- 565425 C2 -12 -0100 1,376.58 12 -DEA- 560610 C2 -12 -0055 1,867.88 12 -DEA- 560610 C2 -12 -0055 2,190.63(15 % SAFF) US CUSTOMS UCSEQSH2011090100012301 19,161.60 TOTAL $33,765.76 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. 15% of the DEA funds have been deposited into SAFF account 10496 for fulfilling year 7 expenditures under SAFF legislation. The remaining 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. DJR /jws RECEIVED AND FILED FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT & INSPECTION SERVICES 24 LODGING HOUSE LICENSE 392 CURTISS ST (FILLMORE) Pursuant to Chapter 254 of the City of Buffalo Ordinances please be advised that I have examined the attached application for a Lodging House License located at 392 Curtiss St, and find that as to form is correct. I have caused an investigation into the premises for which said application for a Lodging House license is being sought and according to the attached reports from the Zoning Office, Fire Department:, Police, and Building Inspections, Health Department. I find it complies with all regulations and either applicable laws. I have caused an investigation by the Police Department into the moral character of Franklin McKeveu. The attached thereto for Franklin McKeven. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 26 LEAVES OF ABSENCE WITHOUT PAY I transmit herewith notifications received by me, reporting the granting of the leaves of absence without pay, in the various departments as listed: Police- Margaret Overdorf, Deanna Fera, Robert Delaney RECEIVED AND FILED. NO. 27 APPOINT ASSISTANT LEGISLATIVE AIDE Appointment effective September 26, 2012 in the Department of Common Council, Division of City Clerk to the Position of Assistant Legislative Aide, Non Competitive at the Flat Salary of $27,018.00 Damon Parker, 362 Northland Avenue, Buffalo, NY 14208 ADOPT NO. 28 APPOINT LEGISLATIVE ASSISTANT Appointment effective September 19, 2012 in the Department of Common Council, Division of Council Staff to the Position of Legislative Assistant, Non Competitive at the Flat Salary of $41,163.00 Felicia Stanley, 142 Goulding Avenue, Buffalo, NY 14208 ADOPT FROM THE CITY CLERK NO 25 LIQUOR LICENSE APPLICATIONS Attached hereto are communications from persons applying for liquor licenses from the Erie County Alcohol Beverage Control Board. Address Business Name Owner's Name 1116 Elmwood Ave India Gate Bath Restaurant Corp 257 Franklin Skybar Bflo Pub Concepts 256 Allen The Bend on Allen Ultra Holings 2012, LLC 488 Franklin Madonna's The Cafe at 59 Allen St Inc RECEIVED AND FILED NO. 26 LEAVES OF ABSENCE WITHOUT PAY I transmit herewith notifications received by me, reporting the granting of the leaves of absence without pay, in the various departments as listed: Police- Margaret Overdorf, Deanna Fera, Robert Delaney RECEIVED AND FILED. NO. 27 APPOINT ASSISTANT LEGISLATIVE AIDE Appointment effective September 26, 2012 in the Department of Common Council, Division of City Clerk to the Position of Assistant Legislative Aide, Non Competitive at the Flat Salary of $27,018.00 Damon Parker, 362 Northland Avenue, Buffalo, NY 14208 ADOPT NO. 28 APPOINT LEGISLATIVE ASSISTANT Appointment effective September 19, 2012 in the Department of Common Council, Division of Council Staff to the Position of Legislative Assistant, Non Competitive at the Flat Salary of $41,163.00 Felicia Stanley, 142 Goulding Avenue, Buffalo, NY 14208 ADOPT NO. 29 APPOINT SENIOR LEGISLATIVE ASSISTANT Appointment effective September 17, 2012 in the Department of Common Council, Division of Council Staff to the Position of Senior Legislative Assistant, Non Competitive at the Flat Salary of $46,083.00 Rasheed Wyatt, 73 Easton St, Buffalo, NY 14215 ADOPT NO. 30 APPOINT LEGISLATIVE ASSISTANT Appointment effective September 20, 2012 in the Department of Common Council, Division of Delaware District to the Position of Legislative Assistant, Non Competitive at the Flat Salary of $41,163.00 Stephanie Parobek, 142 Lexington Avenue, Buffalo, NY 14222 ADOPT NO. 31 NOTICES OF APPOINTMENTS - COUNCIL INTERNS I transmit herewith appointments to the position of Council Intern. Mr. Fontana moved the approval of the appointments to the position of Council Intern. ADOPTED. CERTIFICATE OF APPOINTMENT Appointment effective September 20, 2012 in the Department of Common Council, Division of City Clerk to the Position of Intern IX, Non Competitive at the Flat Salary of $12.06/hr Tanika M. Hubbard, 175 Martha Avenue, Buffalo, NY 14215 NO. 32 APPOINTMENTS - MAYOR'S YOUTH OPPORTUNITY & EMPLOYMENT I transmit herewith appointments made in the Mayor's Youth Opportunities and Employments Programs. RECEIVED AND FILED. Appointment effective 09/18/2012 in the Department of Executive, Division of Mayor to the Position of Intern IX, Unclassified at the Hourly Salary of $12.06/hr Naeem Jenkins - Nixon, 115 Godfrey St, Buffalo, NY 14215 NO. 33 NOTICES OF APPOINTMENTS - SEASONAL /FLAT I transmit herewith certificates received by me, reporting seasonal and flat salary appointments made in various departments. RECEIVED AND FILED. CERTIFICATE OF APPOINTMENT Appointment Effective 09/20/2012 in the Department of Public Works, Parks and Streets to the Position of Lifeguard, Seasonal at the Flat Salary of $12.06/hr Taylor Sittniewski, 144, Willet Ave, Buffalo, NY 14206 Chelsea Gabamonte, 143 Military Rd, Buffalo, NY 14207 Justin Hart, 56 Romoleno St, Buffalo, NY 14220 Katherine Ryan, 182 McKinley Pkwy, Buffalo, NY 14220 Kathleen Scherer, 55 Kenefick Ave, Buffalo, NY 14220 CERTIFICATE OF APPOINTMENT Appointment Effective 09/25/2012 in the Department of Public Works, Parks and Streets to the Position of Lifeguard, Seasonal at the Flat Salary of $12.06/hr Michael Milovich, 102 Farmer St, Buffalo, NY 14207 CERTIFICATE OF APPOINTMENT Appointment Effective 09/27/2012 in the Department of Public Works, Parks and Streets to the Position of Lifeguard, Seasonal at the Flat Salary of $12.06/hr Marcia Maracle, 283 Crestwood Ave, Buffalo, NY 14216 Jennifer Snyder, 175 Stratford Rd, Buffalo, NY 14216 NO. 34 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 10/01/2012 in the Department of Audit and Control, Division of Accounting to the Position of Data Control Clerk, Temporary at the Minimum Salary of $33,303.00 Rosa Suarez, 45 Sumner Place, Buffalo, NY 14211 CERTIFICATE OF APPOINTMENT Appointment effective 10/01/2012 in the Department of Audit and Control, Division of Audit to the Position of Assistant Auditor, Permanent at the Minimum Salary of $38,751.00 Cherelle Syph, 436 Cornwall Ave, Buffalo, NY 14215 NO. 35 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. N4:AIIa197 �1 *61;0 :2061 ON Chi 40119 Appointment effective 10/01/2012 in the Department of Inspections, Division of Permit and Inspection Services to the Position of Chief Building Inspector, Temporary Appointment at the Minimum Salary of $61,425.00 Thomas Brodfuehrer, 2497 Niagara St, Buffalo, NY 14207 NO. 36 APPLICATION FOR RESTRICTED USE PERMIT - DOWNTOWN ENTERTAINMENT REVIEW DISTRICT -79 W. CHIPPEWA Item available for review in the City Clerk's Office REFERRED TO THE COMMITTEE ON LEGISLATION NON - OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON - OFFICIAL COMMUNICATIONS NO. 37 BFLO WATER BD MONTHLY REPORT AUGUST 2012 Available for review in the City Clerk's Office RECEIVED AND FILED NO. 38 D. BRADLEY- EXPECTED ADDITIONAL STAFFING AND SLOT REVENUE FLOWS -SGC AND COB Available for review in The City Clerk's Office REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 39 D. BRADLEY- GAMBLING JOINTS AND BUFFALO 2012 Currently there is a national, very uninformed economics debate with respect to "Takers and Makers ", as if so much of our economy can be broken down into those two categories. This also fails to note that consumers and producers have to be matched with respect to "money flow" - that is, someone or some entity that is a producer in one aspect is also a consumer in some other aspect, and almost invariably, production of something (goods or service) requires the consumption of stuff (goods and /or services). In many ways, this balance forms the basis of a stable or unstable economy, and Europe is now the poster child of this. If a nation (like Germany) exports more than others /imports less stuff and this situation persists over a long time, eventually the consumer country will export all of their money and no longer be able import goods, while the producer country will no longer have a market for their products, and they, too will undergo an economic collapse until the situation gets balanced, if possible. However, gambling is another situation altogether. In this economic system, the House (e.g. Seneca Indian Casino gambling joints), takes a cut of around 20% of the money ON AVERAGE) that the suckers (gamblers) "gamble" in these facilities. It is a license to print money, as many of the gamblers have a mental illness which is neuro - chemically identical to methamphetamine and cocaine addition - an imbalance in the dopamine based behavior modification process that rewards humans for certain activities. Some humans are more prone to this than others. It is just a statistical fact that the combination of sounds and lights coupled to money (or the POSSIBILITY of getting money) will stimulate a Pavlovian response until all the money to gamble with is depleted. The afflicted human then has to go and get more money by any means possible - the things like drug dealing, embezzlement, fraud, prostitution, mugging, bribery, loan sharking, insurance arson and the selling of political /business /social favors are all well documented activities of some gamblers in need of their fix. And so is money laundering, which takes advantage of gambling facility's ability to turn anonymous cash into legitimate income. In the book "The Money and the Power - The Making of Las Vegas and It's Hold on America, 1947 - 2000" by Sally Denton and Roger Morris, money laundering of the proceeds of fraud, drug sales, arms trafficking, human trafficking and other illegal activities in Las Vegas is documented. Much of this laundering was allowed by the U.S. government at the time, as another percentage of the profits were used by the CIA and other government sponsored operations to create massive illegal slush -funds - for example, the Laotian war (1965 -1975) was funded almost entirely off of opium transport fees from farms to processing labs and the eventual import of refined product (heroin) to Vietnam (for American GI's) and into America. Much of the drug related crime waves arise from the combination of prohibition (driving prices up) and the ability to launder this money into banks via casinos, racetracks, and other cash based economic activities. The criminals lose a cut of their profits (— 20 %) that are laundered, but the result is "clean money ", and since the profits on each transaction is often more than 50 %, a 20% fee is just considered the cost of doing business. For the Gambling House owner, this just gets treated as more income "hovered up" (the vacuum cleaner analogy) which can then be siphoned off (legally) to "elsewhere" from the host community as owner profits. For the community where the drug profits are extracted from, the effect is similar to just having more gambling addicts, in that money is exported from the host community for a fleeting dopamine rush that gambling /drugs provides. Unfortunately, the dopamine reward system requires ever more stimulus (higher dosages, greater risks), as the goal of this reward system is to reward novel experiences and adaptations, and the lank of this dopamine reward is very unpleasant /painful (and part of the reward system) to the addict. Unfortunately, there is a limit to these (the available pool of money and resources that can be stolen /swindled /embezzled, for example); like a trout afflicted with a lamprey parasite, eventually the host succumbs, and the parasite has to find of a new host. In Buffalo, the system would work like this. There are a large number of "regulars'- for example, gambling addicts who can "maintain" a sort of equilibrium who only throw away about 20% of their social security income on the casino. And then there would be people paid to gamble in small amounts but for large amounts of times - in other words, they get the average return (for every $100 gambled, $80 gets returned). They then spend this money in businesses owned or controlled by criminals, or hand over what they returned with to their "employers ". In this way, illicit profits (from drugs, prostitution, loan sharking) can get washed. Some of the gambling addicts can also be "tapped" via loans from loan sharks to gamblers, so that gamblers can continue to get their fix. In some cases (Macao, Las Vegas, Atlantic City), large amounts of out of region" tourists /gamblers provide an injection of money to a location. Even after the Gambling House owners have extracted their cut of the action, a region would appear to he experiencing net wealth and net income generation, though the marks (gamblers) are in general more impoverished afterwards than if they just went on a regular vacation. But in the case of the Buffalo gambling joint, this is rare; most "customers" are local gambling addicts or those who make a living laundering the proceeds of other illicit activities. The 20% "House Cut" is then removed from our region, and only a small fraction of that is ever spent locally. Add this to the money extracted by the activities that need the laundering, and this just makes regional impoverishment of MOSTLY poor people even more of a problem than it otherwise would be. Some of this could have been mitigated by selling the street purchased by the Seneca's at a level sufficient to mitigate the social and economic damage caused by gambling and money laundering - for example, $200 million in cash. But few ever claim that the Brown Administration are the best and the brightest when it comes to business. And that "opportunity ship" has sailed. Instead, we see the same rapacious business model which has so dreadfully helped to impoverish /maintain the impoverishment of most Native Americans imposed on the poor of Buffalo and surrounding areas. It is time to put a stop to this stupidity, especially since the pittance in fees that the City of Buffalo was supposed to get (their part of the "Governmental Skim" akin to the "Mob Skim" in Vegas) is missing in action. Time to shut off the water and sewer access, and if needed, tear up the access roads. No use in perpetuating a FAIL that is casino gambling in Buffalo. It won't make up for the damage done to date, but it is a stab at some modicum of redemption for leaders who messed up bad several years ago. Presumably, there have been significant profits abstracted by the owners of these casinos, and that should permit the use of these in real wealth creating activities for the Seneca. But it appears that most of the Seneca tribe have little to show for this, though some individual Seneca's have no doubt done very well. Macroeconomically speaking, corporate casino gambling transfers money from lower income people to upper income people, leaving things like increased impoverishment, family destruction, alcoholism, drug addiction and fraud /embezzlement as the long term effect. But this is statistical in nature (most get screwed, a few benefit, effects vary by individual and community) and often diffuse, easy to hide. And because the profits to wealthy owners from gambling, just like prostitution and illicit drug sales of addictive substances, cannot be matched by real wealth creating activities (for example, renewable energy systems manufacture, or energy sales from Seneca lands) on a short term basis, all decisions on investments get warped to this socially destructive (for most) arrangement. In effect, just like the gambling addicts, casino owners are also addicted to this system, though it is really hard to empathize with these empathy -free (a definition of a psychopath) wealth extractors. The removal of the "Blue Shack Blight" in Buffalo is a first step towards a "recovery", much like Alcoholics Anonymous has employed. If you want to get out of a hole (community impoverishment), the "Rule of Holes" solution is to STOP DIGGING. For an ethanol junkie, that means stop drinking. For a city like Buffalo, that means to stop exporting money that, on average, gets you nothing but shiny flashing lights coupled to sounds and all done at frequencies that have been proven to stimulate recurring behavior (as in feed the slots) in numerous gambling industry sponsored R & D studies. But, maybe Stupid is addictive, too. The proof will be if this "Blue Shack Blight" is stopped by cutting off access to the sewer, water and roads; if it is not, it would look like Stupid reigns supreme, especially among what passes for the leadership (governmental, social, financial, business and all that money buys so as to perpetuate this leadership) class in Buffalo. The "Gambling in Buffalo" experiment has been done, and, like trickle down economics and the Laffer Curve, this failed to provide community enrichment, and instead has magnified community impoverishment. But some have made out like bandits, even if they do seem to only have one arm. We shall see if they have purchased or rented at a high enough price the local governmental leadership that maintains their steady fix of money, and whether the claim by the rock group Devo applies - that we are now undergoing "de- evolution ", and devolving to a society that is aimed towards making the world a worse place for most, and not evolving to a better one for most. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 40 D. BRADLEY- STATEMENT IN SUPPORT OF RESCINDING THE CASINO CONTRACT The Partnership for the Public Good(PPG) unites 118 community groups working to build a better western New York. Each year, our partners vote on their top ten policy priorities. For 2012, one of the top priorities included in this statement The City of Buffalo should monitor and enforce its contracts with the Seneca Nation and /or Seneca Gaming Corporation, and, in the event of non- compliance, should rescind the contracts. We support the recession of the contract for the following reasons: The Gaming Corporation has violated almost every provision of the contract. o It has not spent $1.7 million per year marketing the casino outside the region as a "package with other attractions in the City." o It is not using the site design it promised to the City, which included a pond, a creek, extensive plantings, and no surface parking lots. o It has not made annual reports to the City on its local and minority hiring or on its marketing. o In the contract, the Corporation declared its intent to hire one thousand workers, of whom 25% would be minorities, with a preference for city residents, but recently the Corporation has said it plans to hire only 500 people. The Casino will never be a tourist destination, What the Corporation promised the City was a tourist destination. Now it is clearer than ever that such a tourist destination is impossible: the Corporation is not planning for it and cannot plan for it. What the Corporation is delivering is an urban convenience casino in one of the poorest neighborhoods of one of the poorest cities in the nation. Given the tremendous competition from other casinos in more tourist - oriented destination, that is plainly the only business model that makes sense for the Corporation and the only one it will pursue. The Casino is illegal. Judge Skretny has twice ruled in favor of the plaintiffs in the litigation on this issue, and we expect that he will do so a third time. Because the casino is illegal, the City's contract with the Corporation cannot be implemented and should be declared void. Federal law simply does not permit casino gambling on this type of off - reservation land. Casino gambling exacerbates poverty. People with low incomes, people with limited education, and members of minorities are among those at the highest risk for problem and pathological gambling. The closer and more convenient the casino, the higher the rates of addictive gambling. The casino is located in census tract 164, with a 2010 poverty rate of 45.8 %. Nearby tracts include 71.02, with a 2010 poverty rate of 62.5% -- the very highest in the region. Casino gambling causes expensive social harms. Recent headlines in western New York have included a housing counselor stealing from clients, a lawyer embezzling from clients, and a mother stealing from her son's cancer fund - all to support casino gambling addictions. These crimes are just the tip of the iceberg in terms of the devastating costs that casino gambling imposes on society. Casinos do not create jobs; they kill them. Every dollar spent at a slot machine is a dollar that would otherwise be spent going to a sports game, eating dinner out, buying a new car, paying the rent or mortgage, etc. A big hall full of slot machines requires very little labor when compared to other ways that people spend their money in a local economy. Thus, casinos destroy far more jobs than they create. Because they are free from many state and local taxes and regulations, and because they can operate all their businesses other than gambling as loss- leaders, casinos have many unfair advantages over local businesses. A quick trip to Niagara Falls proves the point that casinos destroy other businesses; they do not aid them. For all of these reasons, we respectfully ask the City of Buffalo to declare the contract null and void, to take back the land that it sold under the contract, to cease providing services to the casino, and to seek to be made whole for the damages the City has suffered. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 41 E. HAMMER- CANISUS COLLEGE STUDENT PEDESTRIAN SAFETY PROTECTION PLAN RESOLUTION #002 AUTHOR: PLEWINSKI SPONSORS: SAVOY. GRAVES & SALEEB PURPOSE: To implement the City of Buffalo to create a crosswalk at the intersection of Jefferson Avenue and Hughes Street and put up neon green colored hazard signs notifying drivers that they are entering a school zone and to be more vigilant of pedestrians. WHEREAS it is the position of the members of the Undergraduate Student Association that members of the general student body face a significant risk of being gravely injured by drivers while walking to and from class on a daily basis. Specifically the intersection of Jefferson Avenue and Hughes Street, there is a high traffic area in which at certain points in the day can have as many as one hundred Canisius Students crossing the street to points including Science Hall, Parking Garage. Health & Science Building and the facilities at the Koessler Athletic Center. WHEREAS it is also the position of the members of the Undergraduate Student Association that the public roadways in and around the campus of Canisius College should have road signs on the road. The members of the Undergraduate Student Association are in agreement that a collection of these fluorescent yellow hazard signS be placed around the Campus public roads alerting drivers of the presence of students in and around the roadways. WHEREAS it is the position of the members of the Undergraduate Student Association that putting these preventative measures in place will significantly reduce the risk of a student being gravely injured in a public roadway. Therefore BE IT RESOLVED that the members of the Undergraduate Student Association are unanimously m support of requesting and working with the City of Buffalo to implement these preventative and safety precautions to protect the members of the general student body while transitioning across public roads and the campus of Canisius College on this date —in session. IT IS RESOLVED. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 42 K. MECCA -INFO PEACE BRIDGE EXPANSION PROJECT Last week, Niagara District Council member David Rivera was interviewed by WBEN radio, after attending the hastily planned press conference by Governor Cuomo announcing the latest plans for the Peace Bridge Expansion project. How do I even begin to explain why our Councilman has capitulated to the arm twisting of Governor Cuomo and fallen on the sword of the Public Bridge Authority. He's agreed to give away our streets ( Busti Avenue at Vermont, Rhode Island & Massachusetts) without even asking what the legal implications are in exchange for $2 million dollars - a bargain basement price for prime historic waterfront access to a world class Olmsted park. Where's the public input on a decision that will forever change the footprint of this pre -civil war community and public land people will never have access to again? Once the streets and land are acquired by the PBA, they will be surrounded by 20 foot 'perimeter walls', barbed wire, access roads and ramps owned and operated by a Bi- National bridge authority never again to be part of a residential landscape. Rivera said with conviction that he believed there would be enough votes from his colleagues on the Council to seal the Busti Avenue street deal. Has he spent as much time educating others about the poisonous air produced by 4,000 diesel trucks a day passing through the neighborhood and the health costs associated with toxic diesel related illnesses? Do they know that the PBA plans to stage truck traffic even deeper into the neighborhood by building a Duty Free store right in the heart of Prospect Hill? Has he mentioned that all vehicles (thousands entering the US plaza every day), will be forced fed through the neighborhood onto an elevated road and eventually onto a series of flyover ramps leading to the Peace Bridge? Shouldn't Rivera be concerned about how this will impact air quality for the next 100 years before he talks others into supporting the Busti Avenue right -away vote? For years, Rivera has done next to nothing to address the blighted condition of the historic Episcopal Church Home and Hutchinson Chapel. Never once has he or his staff showed up in Housing Court to address the importance of preserving this 100 year old community landmark. Instead, he has relied on the passion of community residents to protest, patrol, and indict the actions of the owners who are waiting to cash out on the backs of the tax payer - a $15 million dollar bailout that goes directly into the pockets of corporate fat cats. Where is his outrage over corporate greed at the expense of tax payers? Then there's the Rivera mantra about his unproven theory on how to mitigate air quality; DEC air monitors. A plan that is too little, too late because it has already been done by independent experts and it's still toxic. Epidemiologist and Pulmonologist, Jamson Lwebuga Mukasa and his esteem colleagues from Harvard and Kalieda have been monitoring air toxins around the Peace Bridge for over a decade. If that data had been used by Rivera it would be the Peace Bridge Plaza that would be bulldozed over and buried not Busti Avenue. Jack Foran, Artvoice has written extensively on this and so has John Duke. There is so much wrong with Rivera's comments but this one knocked me over. Rivera brought up the reason why commercial truck traffic cannot be diverted to the Lewiston Queen bridge - Because New York State said "no" - really? The PBA owns the bridge. It is a bi- national entity. Half the bridge is controlled by Canada. New York State has no legal jurisdiction over diverting truck traffic from the Peace Bridge to the LQ bridge. But it doesn't mean it can't be done. In a 2000 study, the Niagara Falls Bridge Commission demonstrated how commercial traffic from the Peace Bridge could be diverted to the LQ bridge for 20 + years. And that was before more than $500 million dollars in capacity expansion improvements were completed to the LQ plaza in 2010. If it wasn't possible, it wouldn't have been proposed 12 years ago! If diverting truck traffic from the Peace Bridge wasn't a viable alternative, we would have heard it from the PBA long ago. Instead, it's the politicians who say it can't be done - hardly reason enough. At a series of recent meetings with the Mayor, Rivera and Governor Cuomo's senior staff several of us were warned by Mayor Brown that we were not allowed to discuss'moving the trucks. No explanation. Just a gag order from the Governor. If it isn't possible, then why not tell us the reason? What are they afraid of? Rivera could be bold and write to the GSA, Customs and Border Protection and tell them to stop working at the Peace Bridge Plaza until the government starts obeying their own laws. It's been done before. In 2003 Customs withheld services from the Ambassador Bridge in Detroit after a legal dispute with the private owner. CBP refused to staff several new inspection booths until a compromise was reached. As a federal agency, the GSA is obligated to comply with NEPA even if the PBA refuses. The law is the law. Rivera would have legal standing if he chose to pursue it - but he didn't. As Councilman of the District that will suffer the greatest environmental and health impact, Rivera has never demanded an environmental review study which is required by federal, state and City regulations. Why? Because it would be the final nail in the coffin of any expansion. So all the other excuses he uses as to why he signed onto Cuomo's mandate to fast track the project which is primarily all about the Duty Free store were motivated by politics not the facts, and certainly not because he is putting the health and welfare of residents first. Rivera has numerous options to stop the project but why won't he? Demand to see the expansion and Duty Free plans. Why is thin air worth $17 million dollars? No Plan No agreement • Demand an environmental review. No EIS No agreement! • Demand that environmental studies conducted by medical researchers Mukasa - Spengler be reviewed, discussed and weighted before any more decisions are made. The studies are peer reviewed by the prestigious HEI and recognized by the national environmental, medical and scientific community. • Demand that the World Health Organization's (W.H.O.) classification of diesel fumes as a carcinogen that causes lung cancer be enforced. No enforcement No Agreement! • Demand that Gov. Cuomo follow the orders of his boss at the White House, President Barack Obama, who just last month pledged to close the racial and ethnic gap on childhood asthma. The west side is a text book model for the President's mandate. Demand that NEPA, SEQRA, and CERA are enforced. No enforcement No Agreement! • Demand that federal and state transportation law (40 which adversely impacts historic resources be enforced. No enforcement No Agreement! • Demand that City land mark properties be protected without another blade of grass being touched since the criteria for city land marking is dictated by the United States Department of Interior. No enforcement No Agreement! • Demand open talks with Niagara Falls Bridge Commission regarding the shift in commercial traffic. Is a residential area the right place to stage freight processing? No talks No Agreement • Aggressively pursue the steps outlined by the Partnership for Public Good and the Common Council to merge the authorities into a single revenue sharing entity. Being an 'urban doormat' for trucks passing through the city heading to other locations isn't an economic benefit for Buffalo. Shoppers and sports fans come by car. • Educate the Public - Host informational sessions in several different languages so that all west side residents can understand the impact of what will happen to their environment, health and quality of life. Every resident has the right to know. No Public Input No Agreement! The Federal Child Abuse Prevention and Treatment Act define child abuse at the very minimum as an "act or failure to act which presents an imminent risk of serious harm to a child." In my opinion that makes every elected official who signs onto this slippery deal complicit in harming our children. Dr. Mukasa compares the Peace Bridge Expansion project to a human experiment because "The Peace Bridge plaza expansion on Buffalo's west side involves open ended exposure of pregnant women, children and adults to inhaled truck diesel particulates when the full health impacts of such exposure are unknown at the present time. "Why would Rivera choose to ignore this warning? Public service is a privilege not an entitlement and certainly not an opportunity to feather one's own nest. Whether it's Rivera, the Mayor or the Governor, we shouldn't let them get away with what they are planning to do on the West Side. Residents have suffered long enough. Elected officials not only have to be held accountable for words and deeds, but held to a higher standard period! They should be asking the PBA if what they are doing now or in the future is harmful to residents before they do it. Otherwise, we are exposing generations of children to a senseless future of potential health problems. What kind of society are we if we allow the health of innocent children to become booty for greedy corporations and political agendas? Kathy Mecca, President Columbus Parkway Association Buffalo, NY REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 43 K. MECCA - CONCERN'S PBA'S 2011 WIDE LOAD PROGRAM INC TRAFFIC AT PEACE BRIDGE Dear Mayor Brown, Why did it take a news reporter to get you to respond to a health and safety problem west side residents brought to your attention months ago? http : / /www.wqrz.com /newsarticle/ 181984 /37 /City -to- Review - Possible -Truck - infractions Several of us sat across from you and Sam Hoyt (Councilman David Rivera) last spring discussing our concerns over the PBA's 2011 wide -load program which increased over size vehicle usage at the Peace Bridge. We expressed alarm that these multi -ton vehicles were passing by several elementary schools and heavy pedestrian areas - more than 8 per day. You took notes- We sent you photos. You asked Corporate Counsel Tim Ball to look into it. We talked about why the PBA would exacerbate the air quality issues by increasing resident's exposure to diesel exhaust, a known carcinogen. Months have passed without any news from your office. But we did learn from a press conference with Governor Cuomo that you, Mr. Rivera and other elected officials support the truck plaza expansion, new duty free store and giving away west side streets to a public authority A decision that places politics above people- You know the truth. You acknowledged our suffering- Until you as our leader step up and commit to the only solution; to stop commercial truck traffic from crossing at the Peace Bridge, the people, your people, will continue to suffer. Sincerely, Kathy Mecca, President Columbus Park Association REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 44 K. MECCA - CONCERNS ENVIRONMENTAL IMPACT OF PEACE BRIDGE -EXP PROJECT To: Assemblyman Sean Ryan I am fed up and disgusted by this political double standard. Are you? Ryan press conference here: WBFO posted a link! http :Hnews,wbfo,org /postllawmaker- fears - proposed -gas- station - too -c!ose -creek Why is Sean Ryan asking the state to conduct an environmental impact study of Tops Market gas pump proposal when he refuses to ask the same for the Peace Bridge Project - a far more intrusive environmental project than a few gas pumps? Instead of following State SEQRA law, Ryan asked for DEC air monitors 6 months before the Gov. announced he was aggressively driving the expansion forward. Coincidence? I think not. Ryan knows that air monitors are not a substitute for an environmental impact study but chooses to follow the marching orders of political bosses- Ryan supports air monitoring as an effective tool for the massive Peace Bridge project which will tell residents after the expansion if this logistical trucking complex is harmful to human health, while Tops Market has to undergo the rigors of an EIS before they can install gas pumps. What hypocrisy! Ryan is a public servant sworn to protect the rights of everyone in his district- The law is the law for everyone regardless of where they live. Where do you stand in sending a message to Assemblyman Ryan that his position on the Peace Bridge Expansion is just plain wrong? Ryan S @assembiy.state. ny. us REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 46 M. ROUNTREE- ZONING REFERRAL TO EC ENVIR & PLANNING -392 KENMORE AVE Item available for review in The City Clerk's Office REFERRED TO THE COMMITTEE ON LEGISLATION NO. 46 C. SCANLON -HELP TO THOSE FACING FORECLOSURE -CAZ RESOURCES CTR 10/18 In. these tough financial times the Great Recession bas hit homeowners extremely hard. Many families now face foreclosure on their home because of the loss of jobs. Governor Andrew Cuomo, the New York State Department of Financial Services and Assembly member Michael P. Kearns (questions please call (716) 826 -0152) are offering -help to many of these homeowners through a mobile foreclosure relief unit, which will be visiting Buffalo on Thursday, October 18, 2012. WHO: New York State Department of Financial Services With Assemblymember Michael P. Kearns Announces What Help to those Homeowners facing foreclosure: WHEN: Thursday, October 18, 2012 from 10 a.m. to 4:00 p.m. Homeowners in danger of foreclosure may call the Foreclosure Relief Hotline at: 1-800-269-0990, or visit the help for Homeowners section of our website. The Foreclosure Relief Unit can: Provide information on available federal programs Answer inquiries about the foreclosure process Assist homeowners in their efforts to obtain loan modifications and other relief Take complaints from aggrieved homeowners and seek resolutions with banks and mortgage servicers • Website: http: / /www.dfs.ny.gov /consumer /fore relief unit htm REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 47 D. SMITH -D. RUST- SAY YES TO EDUCATION Dear Mr. Chwalinski: Please file the attached notice of information from David Rust regarding Say Yes to Education for the next Common Council meeting scheduled for Tuesday, October 2, 2012. Thank you for your attention to this matter. Available for review in the City Clerk's Office RECEIVED AND FILED PETITIONS NO. 48 G. CLEMENTI, AGENT, USE 715 ELMWOOD, ESTABLISH RESTAURANT AND OUT DOOR CAFE (DEL)(HRG 10/9) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 49 E.J. GIBBONS, AGENT, USE 420 HOPKINS TO ERECT 2 & 3 STORY FRAME SENIOR APT BLDG (SOUTH)(HRG 10/9) REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND ZONING BOARD NO. 50 S. CURTIN, AGENT, USE 3149 MAIN ST TO ERECT 1 STORY ADDITION AND ALTERATIONS TO A 2 STORY MASONRY RESTAURANT (UNIV)(HRG 10/9) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 51 J. BACY, AGENT, USE 2001 ELMWOOD -FREE STANDING SIGN (NORTH)(NO HRG) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 52 B. BEMATOZICZ, AGENT, USE 1975 MAIN ST FOR 2 GROUND SIGNS (MAS)(NO HRG ) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD REGUALR COMMITTEES CIVIL SERVICE (BONNIE E. RUSSELL, CHAIRPERSON) NO. 53 APPOINT PARK UTILITY WORKER (PROV)(3 STEP)(LABARGE)(PW) Mrs. Russell now moves that the above item be Received and Filed. ADOPTED NO. 54 APPOINT SENIOR CLERK(PROV)(4 STEP)(RICE)(PW) (C.C.P #25, SEPT 18) Mrs. Russell now moves that the above item be Received and Filed. ADOPTED NO. 66 APPOINT PLUMBING INSPECTOR (PERM)(INTER)(OGDEN)(EDPI) CCP #33, SEPT 18 Mrs. Russell moved: That Communication 33 of September 18, 2012, be Received and Filed and that the Permanent appointment of Keith Ogden, 334 Downing, Buffalo 14220 stated above at the salary of $47,181.00 is hereby approved. PASSED AYES - 9 NOES - 0 NO. 56 NOTICES OF APPOINTMENTS TEMP /PROV /PERM(CTY CLK) (C.C.P #39, SEPT 18) Mrs. Russell now moves that the above item be Received and Filed. ADOPTED FINANCE (CHRISTOPHER P. SCANLON, CHAIRPERSON) NO. 57 ANNUAL AUDIT PLAN — FISCAL YEAR 2011 -2012 (COMPT) Mr. Scanlon now moves that the above item be Received and Filed. ADOPTED NO. 58 AUDIT REPORT -DIV OF COMP & BENEFITS - MEDICAL, DENTAL AND CASE MNGT PROCESSING AND PAYMENT (COMPT) (C.C.P #6, JAN 5) Mr. Scanlon now moves that the above item be Received and Filed. ADOPTED NO. 59 DEFIBRILLATORS IN ALL PUBLIC BUILDINGS (C.C.P #96, JAN 24) Mr. Scanlon now moves that the above item be Received and Filed ADOPTED NO. 60 EXPANDED CITYWIDE ELECTRONIC COMMUNICATION SYSTEM (EXC RES - S) (C.C.P #91, DEC 13) Mr. Scanlon now moves that the above item be Received and Filed. ADOPTED COMMUNITY DEVELOPMENT (JOSEPH GOLOMBEK JR., CHAIRPERSON) NO. 61 C. BRIGGS- NYSDOT- TRANSFER OF MAINT. JURISDICTION OF PORTIONS OF CITY STREETS AND MULTI USE PATHS IN COB (C.C.P #41, SEPT 18) Mr. Golombek now moves that the above item be Received and Filed. ADOPTED NO. 62 CONTRACT BTWN SECENCA GAMING & COMB (LOCURTO) (C.C.P. #119, SEPT 18) That the above item be and hereby is referred to the Common Council without a recommendation: Mr. Golombek now moves that the above item be Recommitted. ADOPTED. LEGISLATION (DARIUS G. PRIDGEN, CHAIRPERSON) NO. 63 COREY AUERBACH, AGENT, PETITION TO REZONE 392 KENMORE AVENUE (UNIV) (ITEM NO. 63, C.C.P., SEPT. 18, 2012) THAT THE COMMON COUNCIL OF THE CITY OF BUFFALO DOES HEREBY ORDAIN AS FOLLOWS: On a motion by Mr. Smith The Public Hearing is Open 2 nd by Mr. Franczyk. Appearances Beth Ann Falicker- Resident Corey Auerbach -On behalf of Applicant On a Motion by Mr. Smith 2 n by Mr. Pridgen The hearing is closed Mr. Pridgen moved that the above item be recommitted to the Committee on Legislation ADOPTED NO. 64 FOOD STORE LICENSE (NEW) - 366 PERRY (FILL)(EDPI) (ITEM NO. 30, C.C.P., SEPT. 18, 2012) That the above item be, and the same hereby is returned to the Common Council with a recommendation for approval on condition. Mr. Pridgen now moved: 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 Khalid M. Nagi d /b /a Harbor Deli located at 366 Perry. PASSED AYES 9, NOES 0 NO. 65 SECOND HAND DEALER - 2259 GENESEE STREET (LOV)(EDPI) (ITEM NO. 32, C.C.P., SEPT. 18.2012) That the above be, and the same hereby is returned to the Common Council with recommendation for approval; Mr. Pridgen moved: That pursuant to Chapter 254 of the City Code, the Commissioner of Economic Development Permit and Inspection Services be, and he hereby is authorized to grant a Second Hand Dealer License to Vanessa Moore d /b /a Net's Place, located at 2259 Genesee Street. PASSED AYES 9, NOES 0 NO. 66 J. GOLOMBEK -E. MARTINA -WEST SIDE AIR QUALITY AND TOXINS (C.C.P. #44, SEPT 18) Mr. Pridgen now moves that the above item is hereby referred to the Committee on Community Development. ADOPTED NO. 67 K. MECCA -NHL LOCKS OUT PLAYERS AS LABOR AGMT EXPIRES -NO MORE CONGESTION AT PEACE BRIDGE (C.C.P. #46, SEPT 18) Mr. Pridgen now moves that the above item is hereby referred to the Committee on Community Development. ADOPTED NO. 68 J. MCDONALD- REVIEW OF AIR QUALITY AND ASTHMA ISSUES AT PEACE BRIDGE PLAZA (C.C.P.#47, SEPT 18) Mr. Pridgen now moves that the above item is hereby referred to the Committee on Community Development. ADOPTED NO. 69 LL INTRO #1- AMENDING ARTICLE 20 OF THE CHARTER WITH RESPECT TO FOUR YEAR FINANCIAL PLANS (ITEM NO. 117, C.C.P., SEPT. 18, 2012) That the above item be, and the same hereby is, returned to the Common Council without recommendation. Mr. Pridgen now moved: That Local Law Introductory Number 1, is hereby approved as filed for the October 2, 2012 meeting of the Common Council. PASSED AYES 9, NOES 0 NO. 70 USED CAR DEALER - 77 SYCAMORE (ELL)(EDPI) (ITEM NO. 121, C.C.P., SEPT. 18,2012) That the above item be, and the same hereby is returned to the Common Council with recommendation for approval; Mr. Pridgen moved: That the Commissioner of Permits and Inspections Services is hereby authorized pursuant to Chapter 254 of the City Code to issue a Used Car Dealer License to Roger Regent d /b /a Unlimited Business, located at 77 Sycamore, upon the following conditions: Used Car Dealer Conditions 1. Cars must be clean, external and internal 2. During snow months, snow must be removed from the cars daily and area where cars displayed free from snow 3. No flag streamers 4. No inflatable animated characters 5. Professional permanent signage on the building, no handwritten signage in public view 6. Lot must be lit during hours of darkness when lot is open for business 7. All cars in the lot must be in working order and able to pass NYS inspection requirements 8. No junk cars in the front lot or viewable to the public. 9. No repairs outside of enclosed building 10. Limit of 12 cars for sale on front lot PASSED W /COND AYES 9, NOES 0 NO. 71 J. GOLOMBEK- ARTICLES CONCERNING TOW TRUCKS (C.C.P #47, MAY 15) Mr. Pridgen now moves that the above item be Received and Filed. ADOPTED NO. 72 C. KAMBAR, AGENT, USE 998 BROADWAY FOR A GROUND SIGN(FILL)(NO PUB HRG) (C.C.P #78, NOV 15)(C.C.P. #92, SEPT 6) Mr. Pridgen moved that the above item be recommitted to the Committee on Legislation ADOPTED NO. 73 COLLECTOR LICENSE (EDPI) (ITEM NO. 58, C.C.P., SEPT. 4, 2012) That the above item be, and the same hereby is returned to the Common Council with recommendation for approval; Mr. Pridgen moved: That the Commissioner of Permits and Inspections Services is hereby authorized pursuant to Chapter 263 of the City Code to issue a Collector License to Jeffrey M. Meyers d /b /a Cascades Recovery US Inc., located at 384 Lee Road, Rochester, New York 14606. PASSED AYES 9, NOES 0 NO. 74 FOOD STORE LICENSE (NEW) - 1902 NIAGARA (NORTH)(EDPI) (ITEM NO. 41, C.C.P., JULY 24, 2012) That the above item be, and the same hereby is returned to the Common Council with a recommendation for approval on condition. Mr. Pridgen moved that the above item be recommitted to the Committee on Legislation ADOPTED SPECIAL COMMITTEE ON EDUCATION MR. SMITH NO. 75 L.P. CIMINELLI -BD PACKET DOCUMENTS SEPT 2012 (C.C.P #42, SEPT 18) Mr. Smith now moves that the above item be Received and Filed ADOPTED NO. 76 D. RUST -INFO SAY YES (C.C.P #49, SEPT18) Mr. Smith now moves that the above item be Received and Filed. ADOPTED NO. 77 R. FONTANA -L. GRIFFITH- CONCERNS INTERNATIONAL SCHOOL #45 (C.C.P #64, SEPT 6) Mr. Smith now moves that the above item be Received and Filed. ADOPTED RESOLUTIONS NO. 78 MR. FONTANA WAIVER OF FEES FOR BOY SCOUT TROOP #128 Whereas: The Boy Scouts of America help young men to grow and mature into respectable and responsible citizens; and Whereas: Boy Scout Troop #128 has served the youth of the Lovejoy District for many years; and Whereas: In recent years Troop #128 has held its weekly Thursday night meetings at the Machnica Community Center located at 1799 Clinton St. Whereas: Boy Scout Troop #128 is a not - for - profit group whose members constantly strive toward the betterment of themselves, the City of Buffalo, and the United States of America through hard work and community service. Now, Therefore, Be It Resolved: That the Common Council hereby requests the Department of Public Works waive any and all fees associated with the usage of the Machnica Center community meeting room for Boy Scout Troop #128 for their 2012 -2013 meeting season. Be It Further Resolved: That a copy of this resolution be forwarded to Ms. Arlene Mustafa in the Department of Public Works Parks Division. ADOPTED NO. 79 BY: MR. FRANCZYK CO- SPONSOR: MRS. RUSSELL, MR. GOLOMBEK, MR. PRIDGEN, MR. SMITH, PRES FONTANA, MR. RIVERA, MR. SCANLON, MR LOCURTO APPEAL COURT RULING TO RE -OPEN ILLEGAL DELIS WHEREAS: For many years problem dell stores have plagued city neighborhood; and, WHEREAS: As long as twenty years ago, the Common Council Dell Task Force targeted bad dell stores, coordinating a concerted effort by the Buffalo Police, Inspections Department, United State Department of Immigration and Naturalization, Erie County Health Department, New York State Agriculture and Markets Department and other agencies to weed out stores destroying neighborhoods' quality of life by criminal and illegal activities or business practices; and, WHEREAS: The litany of problems from some of these stores include, but are not limited to, selling expired products, selling "loosie" and untaxed cigarettes, filthy conditions with rodents and vermin, selling drugs masquerading as candy, allowing thugs to congregate inside and outside the store, building code violations, buying and selling stolen goods; and, WHEREAS: The problem with some of these stores still plague Buffalo neighborhoods, and recently Buffalo Police launched "Operation Secret Shopper," aimed at flushing out dell owners and operators who buy and sell stolen goods; and, WHEREAS: Some of these stores have been reopened by New York State Supreme Court Order, including at least one store at 1069 Broadway, which does not even have a license to operate. That particular license was, in fact, denied by the Common Council for cause, in April 2012; and, WHEREAS: Since some of these stores have re- opened, crime has increased due to the direct and indirect negative influence of these stores, as has been reported in The Buffalo News in regards to 1069 Broadway, which is adjacent to the Matt Urban Center and playground. The Executive Director of the Matt Urban Center subsequently wrote a letter to Justice Timothy J. Walker, who ordered many of these stores re- opened, including the illegal store at 1069 Broadway; and, WHEREAS: Not all of the dells operate in a bad manner, and it is possible that some of those closed may operate in the future in an acceptable manner, yet others may be unreformable; NOW THEREFORE BE IT RESOLVED: That the Buffalo Police Department and City Inspections Department /Division of Licenses report on their progress on bringing dells stores into compliance, or keeping closed those stores that should not be allowed to be reopened because of a reoccurrence of repeated and persistent crimes, violations and abuses; and, BE IT FURTHER RESOLVED: That the city Corporation Counsels office report on what appeal(s) to State Supreme Court, if any, the city is initiating to ensure that the worst of these stores remain closed, thus removing what may, in fact, be criminal enterprises from operating with impunity in Buffalo neighborhoods. ADOPT RESOLVES, REFER REMAINDER TO THE COMMITTEE ON LEGISLATION NO. 80 BY: MR. FRANCZYK PREVENT CONCRETE CRUSHING WHEREAS: The City of Buffalo has expended thousands of hours of court time, energy and money fighting CTS rock crushing operation in the Seneca - Babcock community in recent years; and, WHEREAS: In 2003 the city approved a Seneca Babcock Urban Renewal Plan Amendment prohibiting those uses which destroy a residential neighborhood's quality of life, including rock or concrete crushing or solid waste transfer station; and, WHEREAS: The new Green Code should also reflect a prohibition to the above - mentioned and other deleterious uses; and, WHEREAS: The Peter Battaglia Company at 1170 Seneca was prevented in recent months and years from operating a solid waste transfer station in the Seneca - Babcock neighborhood, which would have replicated the nightmare of the New York City garbage train fiasco in Buffalo; and, WHEREAS: The Peter Battaglia Company is and has been crushing concrete, greatly threatening the neighborhood with noise and clouds of dust, possibly interlaced with silica, which may contain asbestos, and, WHEREAS: Homeowners on Peabody Street have called about cracking walls in their homes due to trucks and the questionable construction of a massive earthen berm on the Battaglia property; and, WHEREAS: The proposed concrete crushing operation appears to be in violation of recent New York State Supreme Court rulings prohibiting the crushing of material not natural to the earth, as well as DEC regulations prohibiting crushing stone within 300 feet of a residential neighborhood, as well as possible violation of city ordinances. NOW THEREFORE BE IT RESOLVED: That the Common Council request the New York State Department of Environmental Conservation (DEC) to investigate the Battaglia property at 1170 Seneca Street to ascertain if any environmental rules or state law have been violated in relation to the crushing of concrete at that facility, and if the concrete contains materials dangerous to human health; and, BE IT FURTHER RESOLVED: That the Environmental Protection Agency (EPA) be alerted to this situation and asked to respond; and, BE IT FURTHER RESOLED: That the city work to prevent any concrete crushing operation at the Battaglia facility; and, BE IT FURTHER RESOLVED: That the City Law Department report to the Council on the Legality of crushing cement in an M2 Zone at this location. BE IT FURTHER RESOLVED: That the Law Department, Department of Economic Development, Permits and Inspections, Planning Department and Public Works report to the Council on this issue as well as ensuring that no operation injurious to the people and property of the Seneca Babcock community be permitted; BE IT FINALLY RESOLVED: That the Common Council is opposed to the crushing of concrete, stone or rock on the Battaglia property at 1170 Seneca Street or anywhere else adjacent to a residential neighborhood. ADOPT RESOLVES, REFER REMAINDER TO THE COMMITTEE ON LEGISLATION NO. 81 SPONSOR: COUNCILMEMBER MICHAEL J. LOCURTO CO- SPONSOR: COUNCILMEMBER DAVID A. RIVERA PARTICIPATORY BUDGETING IN THE CITY OF BUFFALO Whereas, In a time of widespread budget crises and plummeting trust in government, politicians and community members are searching for more democratic and accountable way to manage public money; and, Whereas, Participatory budgeting ( "PB ") is a democratic process in which community members directly decide how to spend part of a public budget; and, Whereas, Over 3,000 cities throughout the world use PB to determine a portion of their budgets; and, in 2009, Chicago became the first U.S city to try it, with New York City following their lead in early 2012; and, Whereas, Elected officials, community organizations, academics, and international institutions such as the United Nations and World Bank have declared PB a model for democratic government; and, Whereas, PB can make for better and more equitable decisions and uses of public money; and, Whereas, PB can develop an active, informed, and democratic citizenry by engaging and connecting community members with officials, staff and policy makers to determine the most effective uses of public funds; and, Whereas, PB is a multi -stage process that begins with gathering ideas from citizens, which can range from improving transportation, parks, schools and public safety to cleaning up the environment; and, Whereas, In many models, a group of delegates is selected to narrow down the ideas into a few projects that have a reasonable chance of being implemented and, finally, the best plans are placed on a ballot and citizens vote on their favorites; and, Whereas, In April 2012, 2,200 New York City residents in four districts voted to fund seven Capital projects that directly improve their quality -of -life while fostering an increased understanding of complex political issues and community needs; and, Whereas, PB can engender better trust and understanding of their local governments among its residents by helping to make government more accountable and efficient by allowing community members to decide spending priorities in public assemblies in a transparent fashion with fewer opportunities for corruption, waste and public backlash; and, Now, Therefore, Be it Resolved, That the Buffalo Common Council learn more about how Participatory Budgeting has been implemented in other cities by hosting a Participatory Budgeting Project meeting with elected officials and other participants who have successfully used the process in their districts. ADOPT RESOLVES AS AMENDED, REFER REMAINDER TO THE COMMITTEE ON FINANCE NO. 82 BY: MR. PRIDGEN DISCHARGE LEGISLATION COMMITTEE ITEM #66, C.C.P. SEPT. 4, 2012 "RESTAURANT DANCE LICENSE RENEWAL - 936 ELMWOOD (DEL) (EDPI)" 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 #66, C.C.P. Sept. 4, 2012 "Restaurant Dance License Renewal - 936 Elmwood (Del) (EDPI)" and said item is now before the Common Council for its consideration. MOTIONTO ADOPT DISCHARGE. MOTION TO APPROVE AYES 9, NOES 0 NO. 83 SPONSOR: DARIUS G. PRIDGEN CAT LICENSING IN THE CITY OF BUFFALO Whereas: Recently, residents have noticed many stray cats in their neighborhoods. These cats have been mistreated by negligent owners and are now abandoned, malnourished, and living in unhealthy environments; and Whereas: Pet cats that are abandoned will not easily fend for themselves outdoors, most of these cats and their offspring will suffer premature mortality from disease, starvation, or trauma. Also, many animal shelters have difficulty dealing with cats that are received, leading to their unfortunate euthanization; and Whereas: Licensing pet cats in the City of Buffalo will ensure that pet owners are more responsible for their cats and curb the ever - growing stray cat populations. A cat license will also help animal control staff identify the cat's owner and enable the return of wandering and loose cats; and Whereas: Many cities and counties throughout the nation are requiring cats to be licensed as a way to properly identify cat owners and curb the spread of human exposure to rabies because cats are more likely to come into contact with a rabid animal; and Whereas: Currently, the City of Buffalo has no laws that mandate the licensure of pet cats and therefore allow many negligent pet cat owners to abandon their pets when they no longer want the responsibility of caring for them; and Whereas: Pet cat licensing protects the safety of City residents and their pets, ensuring that cats are properly cared for and vaccinated against rabies and other diseases. Now, Therefore Be It Resolved: That the Common Council hereby requests the City of Buffalo Department of Law and the Director of the City of Buffalo Animal Shelter to advise the Council on legislation that will assist in the licensure of pet cats; and Now, Therefore Be It Resolved: That this resolution be sent to the Common Council Committee on Legislation for further review and discussion; and Be It Finally Resolved: That copies of this resolution be forwarded to the City of Buffalo Department of Law , the Department of Public Works, the Director of the City of Buffalo Animal Shelter, and the Office of the City Clerk. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 84 BY: MRS. RUSSELL ORDINANCE AMENDMENT - CHAPTER 511 —ZONING That the Common Council of the City of Buffalo does hereby ordain as follows: That the part of the Zoning Ordinances of the City of Buffalo, Section 511 -126 of Article XXV of Chapter 511 as it relates to the use map thereof be amended to show a "C 1" Commercial District rather than a "C- 1" Commercial District, "C -2" Commercial District and a "R -2" Residential District for the premises known as 392 Kenmore Avenue, and more particularly described as follows: Parcel Zoned C -1: All that plot of land situated in the City of Buffalo, County of Erie and State of New York, being part of Lot Number seventy -two (72), Township eleven (11), Range eight (8) of the Holland Land Company's Survey, bounded and described as follows: BEGINNING at the intersection of the southwesterly line of Englewood Avenue with the northwesterly line of Seattle Avenue (formerly Emerson Street) as shown on a map filed in the Erie County Clerk's Office under Cover Number 984, running thence southwesterly along the northwesterly line of Seattle Avenue, at a bearing of S 63 °22'30 "W, a distance of 109.28 feet to an angle point; running thence westerly continuing along the northerly line of said Seattle Avenue, at a bearing of N 82o26'0 W, a distance of 6.91 feet to a point; running thence northerly at a bearing of N 26 °3730 "W, a distance of 170.76 feet to a point; thence northeasterly at a bearing of N 7340 E, a distance of 6.54 feet to a point; thence northeasterly at a bearing of N 63°22'30 E, a distance of 96.86 feet to a point on the west line of said Englewood Avenue; thence southeasterly along the westerly line of said Englewood Avenue, at a bearing of S 49 °4730 "E, a distance of 36.79 feet to an angle point; thence continuing southeasterly along the westerly line of Englewood Avenue, at a bearing of S 26°37'30 E, a distance of 146.25 feet to the point or place of beginning. Parcel Zoned C -2: All that plot of land situated in the City of Buffalo, County of Erie, and State of New York, being part of Lot Number seventy -two (72), Township eleven (11), Range eight (8) of the Holland Land Company's Survey, bounded and described as follows: BEGINNING at the intersection of the southwesterly line of Englewood Avenue with the northwesterly line of Seattle Avenue (formerly Emerson Street) as shown on a map filed in the Erie County Clerk's Office under Cover Number 984, running thence southwesterly along the northwesterly line of Seattle Avenue, at a bearing of S 63 °22'30" W, a distance of 109.28 feet to and angle point; running thence westerly continuing along the northerly line of said Seattle Avenue, at a bearing of N 82°26'30 W, a distance of 6.91 feet to a point; running thence northerly at a bearing of N 26 °3730" W, a distance of 90.67 feet to the True Point and Place of Beginning; Thence westerly at a bearing of N 82°26'0 W, a distance of 320.53 feet to a point in the west line of Subdivision Lot No. 73; running thence northerly along the westerly lines of Subdivision Lots Numbers 73 & 8, Block "A ", Cover Number 984, at a bearing of N 7°43'0 E, a distance of 151.25 feet to a point 3.75 feet southerly from the south line of Kenmore Avenue; thence easterly on a line parallel with the southerly line of Kenmore Avenue at 3.75 feet southerly therefrom, at a bearing of S 82°26'0 E, a distance of 70.00 feet to the westerly line of Subdivision Lot No. 6, Block "A ", Cover Number 984; thence southerly along, the westerly line of said Lot No. 6, at a bearing of S 7°43'0 W, a distance of 0.25 of a foot, to a point 4.00 feet southerly from the south line of Kenmore Avenue; thence easterly on a line parallel with the southerly line of Kenmore Avenue and 4.0 feet southerly therefrom, at a bearing of S 82°26'0 E, a distance of 175.00 feet to the easterly line of Subdivision Lot No. 2, Block "A ", Cover Number 984; thence northerly along the easterly line of said Subdivision Lot No. 2, at a bearing of N 7°43'0 E, a distance of 4.0 feet to the southerly line of Kenmore Avenue; thence easterly along the southerly line of said Kenmore Avenue, at a bearing of S 82 °26'0" E, a distance of 66.75 feet to the intersection of the southerly line of Kenmore Avenue with the west line of Englewood Avenue; thence southeasterly along the westerly line of Englewood Avenue, at a bearing of S 49°47'30 E, a distance of 51.50 feet to a point; thence southwesterly along a line at a bearing of S 63 °22'30" W, a distance of 96.86 feet to a point; thence southeasterly along a line at a bearing of S 26°37'30 E, a distance of 80.09 feet to the True Point and Place of Beginning. Parcel Zoned R -2: All that plot of land situated in the City of Buffalo, County of Erie, and State of New York, being part of Lot number seventy -two (72), Township eleven (11), Range eight (8) of the Holland Land Company's Survey, bounded and described as follows: BEGINNING at the intersection of the southwesterly line of Englewood Avenue with the northwesterly line of Seattle Avenue (formerly Emerson Street) as shown on a map filed in the Erie County Clerk's Office under Cover Number 984, running thence southwesterly along the northwesterly line of Seattle Avenue, at a beating of S 63 °22'30 W, a distance of 109.28 feet to an angle point; running thence westerly continuing along the northerly line of said Seattle Avenue, at a bearing of N 82°26'0 W, a distance of 6.91 feet to the True Point and Place of Beginning; thence continuing westerly along the northerly line of said Seattle Avenue, at a bearing of N 82 °26'0" W, a distance of 371.68 feet to a point being the southwesterly comer of Subdivision Lot No. 73, Block "A ", Cover Number 984; thence northerly along the westerly line of said Subdivision Lot No. 73, at a bearing of N 7043'0 E, a distance of 75.00 feet to a point; thence easterly along a line being parallel with said Seattle Street, at a bearing of S 82°26'0 E, a distance of 320.53 feet to a point; thence southeasterly at a bearing of S 26 °3730" E, a distance of 90.67 feet to the True Point and Place of Beginning. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 85 SPONSORS: CHRISTOPHER P. SCANLON WAIVE BAND SHELL RENTAL FEE FOR WNY UNITED AGAINST DRUG & ALCOHOL ABUSE, INC. FOR THEIR OCTOBER 24, 2012 RED RIBBON WEEK EVENT 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, Pursuant to Chapter 175 of the Code, the established fee for rental of a Band Shell is $400 per day; and WHEREAS, WNY United Against Drug & Alcohol Abuse, Inc. is seeking the use of a Band Shell at Cazenovia Park on Wednesday, October 24, 2012 beginning at 9:30 am as part of their planned activities for the National Family Partnership's Red Ribbon Week, a nationwide event held in the last week of October each year in support of the fight against the illegal use of drugs and substance abuse prevention efforts; and WHEREAS, Each year as part of Red Ribbon Week, WNY United hosts a contest for students to create banners that show a positive drug prevention message, which the students then parade around their community and in front of judges. This year, students from four Buffalo Public Schools located in South Buffalo will be walking the banners they have created from their school buildings to Cazenovia Park where the Red Ribbon Rally and judging will take place; and WHEREAS, WNY United has been working to better the Buffalo and WNY Community for the last twenty -five years by educating young people about drug and alcohol abuse prevention through in- school programming, their "LIT: Leaders In Training" summer program and through numerous campaigns the group sponsors each year; and WHEREAS, WNY United has contacted the Common Council to request permission to use a Band Shell as part of their Red Ribbon Week programming and has asked the Council to waive the $400 fee which the City usually charges; and WHEREAS, This event provides a legitimate public benefit and is free to the general public. By waiving the band shell fee, the City would be demonstrating its support for youth drug prevention efforts and Red Ribbon Week and enable WNY United to utilize their limited funding for other drug prevention programming for local youths; and NOW, THEREFORE, BE IT RESOLVED, That the Common Council of the City of Buffalo respectfully requests that the Department of Permits & Inspections, Department of Public Works, Department of Law and all other involved City Departments waive all fees associated with the use of a Band Shell by WNY United Against Drug & Alcohol Abuse, Inc. for their Red Ribbon Week event being held on Wednesday, October 24, 2012 at 9:30am at Cazenovia Park; and BE IT FURTHER RESOLVED, That the City Clerk forward a copy of this resolution to the Commissioners of the Departments of Permits & Inspections, Public Works, Law and Jessica Lafalce, Communications Coordinator for WNY United, 1195 Niagara St., Buffalo, NY 14213. ADOPTED NO. 86 BY MR. SMITH APPOINTMENT ASSISTANT LEGISLATIVE AIDE The Common Council hereby moves approval of the appointment of Damon Palmer to the position of Assistant Legislative Aide pursuant to Section 27 of the Charter of the City of Buffalo. ADOPTED. NO. 87 SPONSOR: DEMONE SMITH ILLEGAL DUMPING Whereas: The United States Environmental Protection Agency defines "illegal dumping "' as the disposal of waste in an unpermitted area and states that illegal dumping regulations must be enforced and," Whereas: There have been complaints b) constituents across several City Of Buffalo districts that there has been trash and debris illegally discarded on their property or in public right- of -way. The human health risks associated with illegal dumps are significant. Illegal dumps may be easily accessible to people, particularly children, who can be at risk to chemicals (fluids or dust) or get hurt from nails and sharp edges of materials and,' Whereas: The Charter and Code of the City of Buffalo states No person shall place, deposit, leave, litter, throw, cast or dump or cause to be placed, deposited, left, littered, thrown, cast or dumped or permit any servant, agent, employee or other person under his control to place, deposit, leave, litter, throw, cast or dump any waste of any kind on any street, sidewalk or right -of -way (including the curb line), public park, public place or any real property or premises within the City of Buffalo without the lawful consent of the owner or lawful consent of the occupant in possession thereof; provided, however, that nothing in this section shall authorize or permit any action that would be otherwise prohibited, but for such consent, by any law. Nothing in this section shall prohibit the dumping of solid waste in an authorized municipal dumping ground and," Whereas: The owner, operator, registrant and any occupants of a vehicle involved in the placing, depositing, leaving, littering, throwing, casting or dumping of any waste on any street, curb line. public park, public place or on any real property or premises within the City of Buffalo without the lawful consent of the owner or the lawful consent of the occupant in possession thereof shall be jointly and severally liable for the penalties imposed pursuant to this article and shall each be guilty of a violation; provided, however, that nothing in this section shall authorize or permit any action that would be otherwise prohibited, but for such consent, by any law and, Whereas: Any person convicted of illegal dumping within the City of Buffalo shall be subject to a Class I fine of one thousand five hundred dollars as prescribed in Chapter 13 7, Article 1„ of this Code. Now Therefore, Be it Resolved: That any person found in violation of illegal dumping shall be liable to arrest and upon conviction thereof shall be deemed guilty of a Class A misdemeanor. Now Therefore, Be it Resolved: That a copy of this resolution shall be sent to the Corporation Council and the City of Buffalo's Mayor's office. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 88 SPONSOR: DEMONE SMITH WAIVE PARK FEES ASSOCIATED WITH NATIONAL DAY OF REMEMBRANCE FOR MURDER VICTIMS 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 National Day of Remembrance for Murder Victims Provides an opportunity for people to honor the memories of murder victims and to recognize the impact on surviving family members; and The local National Day of Remembrance memorial service will be held on September 25, 2012 at Martin Luther King, Jr. Park; and WHEREAS: This is a free community event to promote healing and tolerance. NOW, THEREFORE, RE IT RESOLVED: That the Common Council of the City of Buffalo waives the Park fee for the National Day of Remembrance for Murder Victims BE IT FURTHER RESOLVED: That the City Clerk forward a copy of this resolution to the Commissioner of the Department of Public Works, Parks, and Streets. ADOPTED NO. 89 BY: DEMONE A SMITH 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 31,2012, conditional upon the persons so appointed certifying under oath to their qualifications and filing same with the City of Buffalo. • Denise D. Johnson • Damon Lamont Palmer TOTAL2 ADOPTED NO. 90 ANNOUNCEMENT OF COMMITTEE MEETINGS The following meetings are scheduled. All meetings are held in the Common Council Chambers, 13 floor City Hail, Buffalo, New York, unless otherwise noted. Regular Committees Committee on Civil Service Tuesday, October 9, 2012 at 9:45 o'clock A.M. Committee on Finance following Civil Service Tuesday, October 9, 2012 at 10:00 o'clock A.M. Committee on Comm. Dev. Tuesday, October 9, 2012 at 1:00 o'clock P.M. Committee on Legislation Tuesday, October 9, 2012 at 2:00 o'clock P.M. (Public Disclaimer): All meetings are subject to change and cancellation by the respective Chairmen of Council Committees. In the event that there is sufficient time given for notification, it will be provided. In addition, there may be meetings set up whereby the City Clerk's Office is not made aware; therefore, unless we receive notice from the respective Chairmen, we can only make notification of what we are made aware. NO. 91 ADJOURNMENT On a motion by Mr. Smith, Seconded by Mrs. Russell, the Council adjourned at 3:20 PM GERALD A. CHWALINSKI CITY CLERK SUBMISSION LIST OF COMMITTEE ITEMS FOR THE COUNCIL MEETINGS CIVIL SERVICE 53- 1. Com 24 Sept 18 Appoint Park Utility Worker(Prov)(3 Step) (Labarge) (PW) R &F 54- 2. Com 25 Sept 18 Appoint Senior Clerk(Prov)(4 Step)(Rice)(PW) R &F 55- 3. Com 33 Sept 18 Appoint Plumbing Inspector (Perm)(Inter)(Ogden) (EDP I) APP 56- 4. Com 39 Sept 18 Notices of Appointments Temp /Prov /Perm(Cty Clk) R &F FINANCE 57- 5. Com 10 July 26 Annual Audit Plan - Fiscal year 2011- 2012(Compt) R &F 58- 6. Com 6 Jan 5 Audit Report -Div of Comp & Benefits - Medical, Dental And Case Mngt Processing and Payments(Compt) R &F 59- 7. Res 96 Jan 24 Defibrillators in All Public Buildings R &F 60- 8. Res 91 Dec 13 Expanded Citywide Electronic Communication System(Exc Res's) R &F COMMUNITY DEVELOPMENT 61- 9. No 41 Sept 18 C. Briggs- NYSDOT- Transfer of Maint Jurisdiction of Portions of City Streets and Multi Use Paths in COB R &F 62- 10. Res119 Sept 18 Contract Btwn Seneca Gaming & COB(LoCurto) RECOMMITT LEGISLATION 63- 11. No 53 Sept 18 C. Auerbach, Agent, Rezone 392 Kenmore Ave(Univ)(hrg 10/2) RECOMMIT 64- 12. Com 30 Sept 18 Food Store License(New) -366 Perry(Fill)(EDPI) APP 65- 13. Com 32 Sept 18 Second Hand Dealer -2259 Genesee St(Lov)(EDPI) APP 66- 14. No 44 Sept 18 J. Golombek -E. Martina -West Side Air Quality and Toxins CD 67- 15. No 46 Sept 18 K. Mecca -NHL Locks out Players As Labor Agmt Expires -No More Congestion At Peace Bridge CD 68- 16. No 47 Sept 18 J. McDonald- Review of Air Quality and Asthma Issues at Peace Bridge Plaza 69- 17. Res 117 Sept 18 LL Intro# 1- Amending Article20 of the Charter With Respect to Four Year Financial Plans APP 70- 18. Res 121 Sept 18 Disch Leg, CCP #46,7/24 -Used Car Dealer 77 Sycamore W /COND 71- 19. No 47 May 15 J. Golombek - Articles Concerning Tow Trucks R &F 72- 20. No 78 Nov 15 C. Kambar, Agent, Use 998 Broadway for a Ground Sign (Fill)(no pub hrg)( #92, 9/6) RECOMMIT 73- 21. Com 58 Sept 4 Collector License(New)(EDPI) APP 74- 22. Com 41 July 24 Food Store License(New) -1902 Niagara(North)(EDPI) RECOMMIT EDUCATION 75- 23. No 42 Sept 18 L.P. Ciminelli -Bd Packet Documents Sept 2012 R &F 76- 24. No 49 Sept 18 D. Rust -Info Say Yes R &F 77- 25. No 64 Sept 6 R. Fontana -L. Griffith - Concerns International School #45 R &F