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Home My WebLink About12-1030NO. 20 PROCEEDINGS OF THE CITY OF BUFFALO OCTOBER 30, 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 DATE Oct 30, 2012 FINAL MAYOR 88 W. Chippewa(EII)(10 /31) 1- A. Labor Contract with Buffalo Crossing Guards Association APP MAYOR - EXECUTIVE 33- 2- 1. Strat Plan -HOME Funding Agmt -St Johns Townhouses Phase II APP 3- 1A. Strat Plan -COB Urban Renewal Agency Subrecipient Agreement(revised) FIN COMPTROLLER CS 4- 2. Audit - Department of Parking FIN 5- 2A. Certificate of Necessity -Audit & Control R &F 6- 3. Appoint Cash and Debt Mngt Officer(Exem pt) (Szymanski) CS PUBLIC WORKS CD 7- 4. Notification Serials- 10643- 645(Waive 45 Days) R &F 8- 5. Change in Contract - Cazenovia Park Casino Interior Reconst(South) APP 9- 6. Change in Contract -City Court Basement $1,002,326.36 APP 10- 7. Change in Contract- City Court Basement $1,428,109.80 APP 11- 8. Change in Contract -J.B. Wiley Sports Complex Renovations(Ell) APP 12- 9. Change in Contract - LaSalle Park Concession Building Imp.(EII) APP 13- 10. Permission to Increase Consultant Contract Supply of Water Meters APP 14- 11. Report of Bids - Argyle Park Restoration of Stone Entry Gates APP 15- 12. Report of Bids - Broadway Garage New Restroom Addition APP 16- 13. Report of Bids - Emergency Repairs - Ellicott & Goodrich Garage(Ell) APP 17- 14. Cultural & Recreational Easement from COB to EC to Facilitate Zoo Arctic Edge R &F PETITIONS and Polar Bear Exhibit APP 18- 15. Appoint Equipment 0perator(Prov)(Max)(Adams) CS 19- 16. Appoint Heavy Equipment Operator(Prov)(Inter)(Harroun) CS 20- 17. Appoint Heavy Equipment Operator(Prov)(Inter)(Walker) CS POLICE 21- 17A. Application for Restricted Use Permit Downtown Entertainment Review District LEG,CPBD 51- Noir Ultra Lounge 88 W. Chippewa R &F 22- 17B. Permission to Accept Seized Vehicle APP FIRE 42. A. Butt & O- Petition for Sidewalk Repairs Woltz Avenue CD, PW 23- 17C. Approval for City's Public Safety Comm Sys Rooftop Placement Lease With CD RESOLUTIONS Mercy Hosp APP PERMITS AND INSPECTIONS ADOPT 24- 18. Food Store License(New) -256 Forest(North) APP 25- 19. Food Store License(New) -171 Grant(Nia) APP 26- 20. Food Store License(New) -2070 Niagara AKA 2078 Niagara(North) APP 27- 21. Lodging House License -1253 Broadway(Fill) LEG 28- 22. Second Hand Dealer -420 East Delavan(Mas) LEG 29- 22A Notice of Hearing for Violation of Ch 511 - 68.6- Downtown Ent Review District LEG CITY CLERK 30- 23. Application for Restricted Use Permit - Downtown Ent Rev District - 75 W. Chippewa(Ell) (11/1,11/8,11/15,11 /22,11/29) LEG 31- 23A Application for Restricted Use Permit - Downtown Ent Rev District- 88 W. Chippewa(EII)(10 /31) DENY 32- 24. Liquor License Applications R &F 33- 25. Reports of Attendance R &F 34- 26. Notices of Appointment - Seasonal R &F 35- 27. Notices of Appointments- Temp /Prov /Perm CS MISCELLANEOUS 36- 28. Chippewa Bar Assoc - Requst Comingling Ordinance Be Lifted on Thursday Nights R &F 37- 29. Clean Air Coalition WNY- Response to NYS's White Paper Reg Asthma on the West Side CD 38- 30. R. Felschow- Request Leave of Absence From Fire to Become A Police Officer Tentatively January 2013 R &F 39- 30A S. Gawlik,Esq -NYS Urban Dev Corp - Canalside Project Update CD 40- 30B J. Golombek - Article Re Squabling Btwn The District and The Teachers Union ED 41- 31. G. Hasiotis- Greater Buffalo Sports & Entertainment Complex Overview CD 42- 32. M. Mark - Viverito -2012 Official Ballot- Participatory Budgeting in NYC R &F 43- 33. D. Pridgen - Violence in and Around Ent Districts Analysis R &F 44- 34. D. Rivera - Anti - Idling and Air - Monitoring at Bflo Peace Bridge CD 45- 35. D. Rivera - Motion Passed by BTF Executive Comm. & Council of Delegates ED 46- 36. S. Trien -The Strong and Proposed Bflo NFL Stadium Entertainment Complex CD 47- 37. P. Wolf- Suggestions to Following City Charter R &F PETITIONS 48- 38. M. Wakabongo, Owner, Use 838 Niagara - Establish a Retail Store(Nia)(Hrg 11/7) LEG,CPBD 49- 39. A. Ersing, Use 1854 Hertel aka 1862B Hertel -To Continue Existing Use With Change Of Ownership in The Hertel Ave Special Zoning District(Univ)(Hrg 11 /7)_LEG,CPBD 50- 40. M. Fadale, Agent, Use 1113 Lovejoy for A Pole Sign(Lov)(no hrg) LEG,CPBD 51- 41. P. Moran, Owner, Use 212 Grant aka 220 Grant for Outdoor Cafe on City ROW(Nia)(no hrg) LEG,CPBD 52- 42. A. Butt & O- Petition for Sidewalk Repairs Woltz Avenue CD, PW 53- 43. L. Simone & O- Petition to Build Downtown Stadium CD RESOLUTIONS 69- 44. Fontana Waiver of Permit Fees -2012 Annual Lovejoy Halloween Parade ADOPT 70- 44AAA Fontana, etc COB Unanimous Support of National Breast Cancer Month ADOPT 71- 44AAB Pridgen Recognition of Upcoming Events: Veterans Day Parade and National SUBMISSION LIST OF COMMITTEE ITEMS FOR THE COUNCIL MEETINGS CIVIL SERVICE 54- 1. Com 17 Oct 16 Appoint Heavy Equipment 0perator(Prov)(Max)(Cooley)(PW) APP 55- 2. Com 36 Oct 16 Notices of Appointments- Temp /Prov /Perm(Cty Clk) R &F LEGISLATION 56- 3. No 49 Oct 16 I. Karanovic Owner Use 1946 Clinton for A Second 57- Veterans Golden Age Games APP 72- 44AA Rivera Waiver of Fees PUSH -Fuel the 99% APP 73- 44AB Russell Budget and Personnel Amendment -Audit & Control APP 74- 44A Russell NYS Liquor Authority and Liquor Licenses ADOPT 75- 44B Russell Reinstitute a Deli Task Force ADOPT 76- 44C Scanlon Increased Appropriation -Audit & Control APP 77- 44D Smith Comm of Deeds ADOPT SUBMISSION LIST OF COMMITTEE ITEMS FOR THE COUNCIL MEETINGS CIVIL SERVICE 54- 1. Com 17 Oct 16 Appoint Heavy Equipment 0perator(Prov)(Max)(Cooley)(PW) APP 55- 2. Com 36 Oct 16 Notices of Appointments- Temp /Prov /Perm(Cty Clk) R &F LEGISLATION 56- 3. No 49 Oct 16 I. Karanovic Owner Use 1946 Clinton for A Second 57- 4. No 50 Oct 16 58- 5. Com 8 Oct 16 59- 6. Com 21 Oct 16 60- 7. Com 22 Oct 16 61- 8. Com 28 Oct 16 62- 9. Com 29 Oct 16 63- 10. No 49 Oct 2 64- 11. No 60 June 26 65- 12. No 119 Sept 4 66- 13. No 133 Sept 4 67- 14. No 44 June 14 68- 15. No 51 May 17 Hand Dealer (Lov)(hrg 10/23) APP D. Mika, Agent, Use 641 Hertel to Erect a Ground Sign(North)(no hrg) APP Report of Sale -128 Genesee(EII)(Strat Plan) APP Food Store License (New) -224 Virginia(EII)(EDPI) APP Lodging House License -391 Washington (EII)(EDPI) APP Application for Restricted Use Permit Downtown Entertainment Review District -79 W. Chippewa(10 /26/12)(Cty Clk) R &F Application for Restricted Use Permit Downtown Entertainment Review District -79 W. Chippewa(10 /27/2012)(Cty Clk) R &F E. J. Gobbons, Agent, Use 420 Hopkins to Erect 2 & 3 Story Frame Senior Apt Bldg(South)(hrg 10/9) R &F R. Hasentab- Regard ing City of Buffalo Towing R &F D. Mika, Agent, Use 1231 Delaware Ave for Freestanding Sign(EII)(hrg 9/11) APP Food Store License(New) -271 Ludington(Lov)(EDPI)( #37,7/24) RECOMMIT J. Quinn -Info Re ECC Center for Academic Excellence R &F J. Quinn -ECC "Center of Excellence" Proposal R &F CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO TUESDAY, OCTOBER 30, 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 October 16, 2012 were approved. FROM THE MAYOR NO. 1 LABOR CONTRACT WITH BUFFALO CROSSING GUARDS ASSOCIATION I hereby submit for Your Honorable Body's consideration and approval the attached contract settlement agreement ( "agreement ") between the City of Buffalo ( "City ") and the Crossing Guard Association ( "Association "), which covers a five (5) year contract term between the parties. First and of overriding importance, the City notes the Association's leadership and membership unanimously ratified the terms of agreement. While the parties agreed to no retroactive increases for the first two years of the settlement agreement, the City felt it was important to offer members of the Association Buffalo's Living Wage. As you know, ten dollars and seventy eight cent ($10.78) reflects the Living Wage rate of employees entitled to health insurance coverage. Thus, at the current five -step salary schedule, members of the Association will start at ten dollars and seventy -eight cent per hour ($10.78) and will earn eleven dollars and five cent ($11.05) in the final step. Albeit nominal, it is noted there are three (3) incremental wages increases before reaching the final step of the salary schedule. Moreover, for the final two years of the settlement agreement, fiscal years 2013 and 2014, the members of the Association will receive two percent (2 %) increases. The settlement agreement also grants members of the Association Columbus Day as a paid holiday for members of the Association. Concessions have been received for the provided wage increases and additional paid holiday. In the interest of stabilizing the City's reoccurring expenses the Association agreed not only to continue, but to increase, its share contributions to core health insurance coverage. It is well established that the cost of health insurance continues to rise at an unpredictable rate. With that in mind, it is very important that there is a continuing effort to provide reasonable relief in rising healthcare expenses. Accordingly, the parties agreed to maintain a ten percent (10 %) contribution to the core coverage of single and family health insurance for current employees and effective immediately new hires will pay a twenty percent (20 %) contribution to the core coverage of single and family health insurance. In further consideration of the aforementioned economic benefits the parties agreed to contractual language that strengthens the City's residency requirement. Residency continues to be a top priority of my administration. As such, this settlement agreement reinforces the City's commitment to enforcing the rules on residency. The parties agreed to include the domicile requirement, which will now mirror the sound residency policy of the City charter, thereby strengthening its enforceability and limiting circumvention. In the interest of public safety the parties expanded management rights, which will continue to ensure a safe and efficient operation. For example, the City of Buffalo Drug and Alcohol policy will now be codified in the parties' collective bargaining agreement for immediate implementation and compliance, thereby promoting a healthier and safer work environment. Furthermore, the City may now require a member of the Association to submit to an independent medical examination to ensure the fitness to perform the duties of the job. In the end, the final settlement agreement is fair and reasonable. I urge Your Honorable Body to approve this contract at your earliest opportunity, as I believe it is in the best interest of the City of Buffalo. Sincerely, Mayor Byron W. Brown Mr. Smith moved: That the above item be, and the communication from the Mayor, dated October 25, 2012, be received and tiled; and That the Common Council hereby approves the labor contract negotiated between the City of Buffalo and the Buffalo Crossing Guards Association, Inc. for the contract term July 1, 2010 through August 31, 2015; That such agreement shall provide no retroactive increases or retroactive step increases for the period July 1, 2010 through August 31, 2012; That effective with the school year beginning September 1, 2012, through August 30, 2015, the Step 5 hourly rates of each employee represented by the Association shall be eleven dollars and five cents. That all employees hired on or after July 1, 1984, into positions represented by the Association shall have a starting salary and four steps; and that the employee will reach the maximum hourly rate as set out below: Steps 1 2 3 4 5 Fall Term 2012 10.78 10.83 10.94 11.00 11.05 Wage Increase: Fall Term 2013 2% Fall Term 2014 2% That employees represented by the Association shall be entitled to six pad holidays: Martin Luther King, Jr. Day; Good Friday; Memorial Day; Columbus Day (retroactive to 2012); Thanksgiving Day; and Christmas Day; That health insurance contributions of represented employees shall not be deducted for the month of July or August and the cost shall not be spread through the working season; That effective immediately all new hires having single or family medical insurance coverage shall have deducted monthly from each paycheck the sum equal to twenty per -cent of the cost of monthly medical insurance premiums, which sum represents the employee's contribution toward medical insurance coverage; That the City of Buffalo Drug and Alcohol policy shall be codified in the agreement; and That employees subject to the agreement me be directed to undergo medical examination pursuant to Section 72 of the New York State Civil Service Law where there is reasonable suspicion that the employee is not able to perform duties as a result of disability, and the employee may be required to provide medical documentation supporting the employee's fitness for duty. PASSED AYES 9, NOES 0 FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE OFFICE OF STRATEGIC PLANNING NO. 2 STRAT PLAN -HOME FUNDING AGMT -ST JOHNS TOWNHOUSES PHASE II St. John's HOME Funding Agreement for St. John Townhomes Phase II on Maple, Carlton, Mulberry, Locust, Lemon, Rose, Grape and Peach Streets Your Honorable Body is hereby requested to approve a federal HOME funding agreement in the amount of two million seven hundred fifty thousand dollars ($2,750,000.00) in HOME funds between the City of Buffalo and St. John Fruit Belt Community Development Corporation and its partner or partners (an entity or entities to be formed or otherwise designated by the developer) for the construction of forty -nine (49) new townhome rental units. The HOME funds will yield or otherwise fund all or a portion of a total of sixteen (16) units. The St. John Townhomes II Project is the second phase of a proposed three phase redevelopment program that will construct a total of 150 units within the Fruit Belt neighborhood. The total cost of Phase II is proximately $15.057 million dollars including funds for the purchase of fifty (50) City of Buffalo owned vacant sites to be combined into seventeen (17) buildable lots for the construction of forty -nine (49) townhome units. There will be 9 two - bedroom units, 34 three- bedroom units and six (6) four - bedroom units. All units come with one and a half (1 1/2) bathrooms, first floor laundry and off - street parking. All units will be available at rents affordable to households with incomes at or below fifty percent (50 %) of the area median income. The project will redevelop areas of the Fruit Belt neighborhood and provide quality, affordable housing for low income household families. A draft of the funding agreement is attached for your reference. This office requests and recommends that Your Honorable Body: 1. Approve the utilization of the HOME funds in an amount up to $2,750,000.00 for the above described project; 2. Approve the terms and provisions in the attached draft HOME Funding Agreement; 3. Authorize pertinent City personnel to take all such steps and actions and to draft and execute such agreements and documents (including but not limited to documentation effectuating mortgage and or security interests to be held by the City as well as any required covenants and restrictions) as shall be reasonably necessary to achieve the purposes and objectives of the HOME funding and otherwise to secure the developer's compliance with the HOME funding source requirements end the requirements of the City; 4. Authorize the Corporation Counsel's Office to process the HOME Funding Agreement and all related agreements and negotiate same to finalization including such terms and provisions as are recommended by pertinent City offices and or City of Buffalo Urban Renewal Agency staff and counsel; and 5. Authorize the Mayor and /or the Executive Director of the City's Office of Strategic Planning to execute the completed HOME Funding Agreement and all related documentation. Mr. Smith moved: That the above item be, and the above communication from the Executive Director of the Office of Strategic Planning, dated October 24, 2012, be received and filed; and That the Common Council hereby approves a federal HOME funding agreement in the amount of Two Million Seven Hundred Fifty Thousand Dollars ($2,750,000.00) in HOME funds between the City of Buffalo and St. John Fruit Belt Community Development Corporation and /or its partner or partners (an entity or entities to be formed or otherwise designated by the developer) for the construction of forty -nine (49) new townhome rental units. The HOME funds will yield or otherwise fund all or a portion of a total of sixteen (16) units; That the St. John Townhomes II Project is the second phase of a proposed three -phase redevelopment program that will construct a total of 150 units within the Fruit Belt neighborhood. The total cost of Phase II is approximately $15.057 million dollars, including funds for the purchase of fifty (50) City of Buffalo owned vacant sites to be combined into seventeen (17) buildable lots for the construction of forty -nine (49) townhome units; That the Common Council hereby approves the utilization of the HOME funds in an amount up to $2,750,000.00 for the above - described project and approves the terms and provisions in the draft HOME Funding Agreement that was submitted with the above - referenced October 24, 2012 communication from the Executive Director of the Office of Strategic Planning; That the Common Council hereby authorizes pertinent City personnel to take all such steps and actions and to draft and execute such agreements and documents (including, but not limited to, documentation effectuating mortgage and /or security interests to be held by the City, as well as any required covenants and restrictions) as shall be reasonably necessary to achieve the purposes and objectives of the HOME funding and otherwise secure the developer's compliance with the HOME funding source requirements and. the requirements of the City; That Common Council hereby authorizes the Corporation Counsel's Office to process the HOME Funding Agreement and all related agreements and negotiate same to finalization, including such terms and provisions as are recommended by pertinent City offices and /or City of Buffalo Urban Renewal Agency staff and counsel; and authorizes the Mayor and /or Executive Director of the City's Office of Strategic Planning to execute the completed HOME Funding Agreement and all related documentation. PASSED AYES 9, NOES 0 NO. 3 CITY OF BUFFALO URBAN RENEWAL AGENCY SUBRECIPIENT AGREEMENT (REVISED) PRIOR COUNCIL REFERENCE: July 24, 2012 (No. 3) This Honorable Body previously approved a proposed subrecipient agreement between the City of Buffalo Urban Renewal Agency (BURA) and the City of Buffalo on July 24, 2012. Subsequent to that approval, the U.S. Department of Housing and Urban Development (HUD) provided additional direction to the City with regards to the content of that agreement. The substantive revisions are as follows: 1. The agreement encompasses only the CDBG programs. A separate agreement will cover HOME programs administered by BURA; 2. The initial term of the agreement covers the period through and including April 30, 2013; 3. A projected administrative and operating budget is included; 4. Additional Program Delivery details are included in Exhibit A; and 5. Various regulatory citations are expanded and /or modified at HUD's request. Please find attached the revised subrecipient agreement between the City of Buffalo and the Buffalo Urban Renewal Agency (BURA). For over thirty years BURA has acted as the City of Buffalo's administrator of HUD grants funds for programs such as the Community Development Block Grant (CDBG), HOME, Housing for Persons with HIV /AIDS (HOPWA), and the Emergency Solutions Grant (ESG). Previously the City of Buffalo simply designated BURA as the administrator of the federal funds. HUD is now requiring that the City of Buffalo drawdown federal funds directly and that BURA conduct the programs pursuant to a subrecipient agreement. These requests are not being made solely of the City of Buffalo. The requests are part of a nationwide change in policy for HUD. The subrecipient agreement allows BURA and its program staff to continue to advance the housing, streetscape, building renovation, parks, public service, and economic development programs and protects previously approved by this Honorable Body as part of the Annual Action Plan process. The subrecipient agreement also allows BURA program staff to continue to develop next year's Annual Action Plan, and more importantly, the City's new Consolidated Plan, which will be in effect from 2013 until 2018. The Office of Strategic Planning requests that Your Honorable Body: 1. Authorize the Mayor to execute an agreement at a maximum in form and substance as set forth in the revised agreement attached to this communication, said agreement to be negotiated to finalization and approved as to form by the Law Department with the specific ability to reduce the scope of BURA's services as negotiated with HUD; and 2. Authorize pertinent City personnel to take such steps and actions and to execute such documents and agreements as shall be necessary to implement and facilitate the subrecipient agreement Copy available for review in the City Clerk's Office REFERRED TO THE COMMITTEE ON FINANCE FROM THE COMPTROLLER NO.4 DEPARTMENT OF PARKING AUDIT We have performed an audit of the Department of Parking for the time period January 1, 2011 through March 31, 2012. It was the objective of this Audit to examine the Department of Parking's recording and receipting of cash and cash equivalents for the City of Buffalo Auto Impound Salvage Auction as well as perform an analysis of the towing and storage costs associated with the Auto Impound to verify accuracy. Our findings and recommendations are explained in the attached Audit Report along with the Commissioner of Parking's responses to those findings and recommendations. If you have any questions on this matter, please feel free to contact the Department of Audit and Control. Mark J. F. Schroeder Comptroller Copy available for review in the City Clerk's Office REFERRED TO THE COMMITTEE ON FINANCE NO. 6 CERTIFICATE OF NECESSITY -AUDIT AND CONTROL Increased Appropriation We, Byron W. Brown, Mayor and Mark J.F. Schroeder, Comptroller, do hereby certify, pursuant to Section §20 -12 of the Charter, that an increase in the sum of $149,262 in the estimate for the fiscal year beginning July 1, 2012 is necessary in appropriation allotments, Transfers to Audit and Control - Salaries to meet a contingency which could not have been reasonably foreseen when the budget was adopted. The amount of increased appropriation will be met from HUD Community Development Block Grant, not otherwise appropriated for any other purpose. That, the Comptroller be and hereby is authorized and directed to increase the revenue estimate for account: From: 10700010 - 331000 Federal Grant Revenues $ 149,262 To: 10402001 - 411001 Audit & Control —Salaries $ 149,262 Audit & Control - Salaries Byron W. Brown MAYOR Mark J. F. Schroeder COMPTROLLER RECEIVED AND FILED NO. 6 APPOINT CASH AND DEBT MNGT OFFICER (EXEMPT)(SZYMANSKI) Certificate of Appointment Appointment effective 10/18/12 in the Department of Audit and Control Division of Cash and Debt Management to the Position of Cash and Debt Management Officer Exempt Flat starting salary of $86,685. Gregg S. Szymanski, 31 Woodcrest Drive, West Seneca, NY 14220 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO. 7 NOTIFICATION SERIALS - 10643 -645 (WAIVE 45 DAYS) Notification Serial #10643 No Standing School Days - Repeal on Pearl Street, west side between a point 150 feet south of West Swan Street and A point 100 feet south therefrom ( Fillmore District) NO STANDING — REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 22 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: NO STANDING PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD Pearl Street, west side between a point 150 feet south of West Swan Street 7:00 A.M. — 6:00 p.m. and a point 100 feet south therefrom School Days This action is being taken due to the closing of a pre - school that was formerly at this location. Notification Serial #10644 Install No Parking on Pearl Street, west side between a point 150 feet south of West Swan Street and a point 100 feel south therefrom ( Fillmore District) NO PARKING — INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 24 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: NO PARKING PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD Pearl Street, west side between a point 150 feet south of West Swan Street At all times and a point 100 feet south therefrom This action is being taken due to the closing of a pre - school that was formerly at this location Notification Serial #10645 Install No Parking on Fredro Street, west side between the south property line of #72 and the north property line of #72 ( Lovejoy District) NO PARKING - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days alter the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 24 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: NO PARKING PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD Fredro Street, west side At all times between the south property line of #72 and the north property line of #72 This action is being taken to allow for pick up and drop off of a disabled child residing at #72 Fredro. WAIVE 45 DAYS RECEIVED AND FILED NO. 8 CHANGE IN CONTRACT CAZENOVIA PARK CASINO INTERIOR RECONSTRUCTION JOB #1250 SOUTH DISTRICT I hereby submit to Your Honorable Body the following changes for the Cazenovia Park Casino, Interior Reconstruction, Nichter Associates, Inc., C #93000968. 1. furnish and install additional electrical outlets for Add $ 810.00 kitchen equipment. The required outlets were missing from the specifications. 2. Furnish and install additional plywood and drywall infills Add $ 1,324.00 in kitchen floor and wall areas. When cabinetry was removed, no flooring or drywall was present. Summary: Original Contract Amount $34,500.00 Amount of This Change Order ( #1) Add $ 2,134.00 Revised Contract Amount $36,634.00 I certify that this increase is fair and equitable for the work involved and respectfully request that Your Honorable Body approve the subject change order and authorize the Commissioner of Public Works, Parks & Streets to approve the change order. Funding for this change order is available in 32320406 445100 - Buildings. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of Public Works, Parks and Streets dated October 19, 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 $2,134.00 (Current Contract Amount $34,500.00 + Change Order #1 $2,134.00 for a Total Contract Amount of $36,634.00) for the Cazenovia Park Casino Interior Reconstruction to Nichter Associates, Inc., C #93000968. The funds are available 32320406 445100 - Buildings. PASSED AYES 9. NOES 0 NO. 9 CHANGE IN CONTRACT CITY COURT BASEMENT DETENTION CENTER JOB #1043 ELLICOTT DISTRICT I hereby submit to Your Honorable Body the following change for City Court, Basement Detention Center, Electrical Work, Frey Electric Construction Co., C #93000805. BASEMENT DETENTION CENTER 1. Change to shunt trip breaker for elevator at Panel HNBMB -1. Add $ 898.00 2. Splice fiber cables work not covered by allowance, Add $ 1,997.00 3. Furnish & install additional security workstation in Report Technician area. Add $ 7,687.00 4. Upgrade Notifier fire alarm system to Simplex. Add $ 1,992.00 5. Add security with U &S systems integration. Add $19,519.00 6. Up -size feeder for ATS. Add $ 1,201.00 7. Provide power and fire at coiling doors. Add $ 1,490.00 8. Reconfigure counter plug receptacles at Panel LCPB. Add $ 291.00 9. Furnish & install GHI to elevator room. Add $ 202.00 10. Provide power to group holding cell door B1 04A. Add $ 762.00 11. Furnish & install outlet and data for hall copier. Add $ 531.00 12. Add power and controls to 1 sc floor vestibule doors. Add $ 1,855.76 13. Test camera & card system; replace camera at interview 8. Hook up card reader to elevator Add room; install audio at interview room. Add $ 1,394.00 14. 2 licenses for camera system. Add $ 534.00 15. Credit for 3" conduit to data room. Deduct $ 1,462.00 $ The foregoing changes results in a net increase in the contract of Thirty Eight Thousand Eight Hundred Ninety One and 76/100 Dollars ($38,891.76). $ 1,247.00 Summary: Original Contract Amount Add $920,000.00 Change Order #1 Change Order #2 Amount of This Change Order ( #3) Revised Contract Amount Add $ 13,778.00 Add $ 29,656.60 Add $ 38,891.76 $1,002,326.36 Costs have been reviewed by the consulting architect (Kideney Architects) and the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in 34323006 445100 - Buildings. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of Public Works, Parks and Streets dated October 23, 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 #3 in the amount of $38,891.76 (Original Contract Amount $920,000.00 + Amount of Change Order #1 $13,778.00 + Amount of Change Order #2 $29,656.60 + Change Order #3 $38,891.76 for a total revised contract amount of $1,002,326.36) for the City Court Basement Detention Center, Electrical Work, to Frey Electric Construction Co., C #93000805. Funds for the project will be available in Account 34323006 445100 - Buildings. PASSED AYES 9, NOES 0 Mr. Smith moved: That the above item be, and the above communication from the Commissioner of Public Works, Parks and Streets dated October 23, 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 #5 in the amount of $26,710.80 (Original Contract Amount $1,364,000.00 + Amount of Change Order #1 $20,640.70 + Amount of Change Order #2 $14,369.30 + Change Orders #3 and #4 $2,389.00 + Change Order #5 $26,710.80 for a total revised contract amount of $1,428,109.80) for the City Court Basement Detention Center, General Construction, to Wilsandra Construction, C #9300815. Funds for the project will be available in Account 34323006 445100 - Buildings. NO. 10 CHANGE IN CONTRACT CITY COURT BASEMENT DETENTION CENTER JOB #1043 ELLICOTT DISTRICT I hereby submit to Your Honorable Body the following change for City Court, Basement Detention Center, General Construction, Wilsandra Construction, C #93000815. 1. Furnish & install shower curtains. Add $ 408.00 2. Chase wall changes at Shower B105 Deduct $ 1,100.00 3. Change height of booking desk countertop Add $ 6,610.21 4. Gyp at interior CMU walls and FRP at janitor mop sink Add $ 1,303.76 5. Furnish & install convex mirrors at group cells, wall pads at search room Add $ 5,089.00 6. Sandblast and blacken lexan Add $ 1,570.00 7. Furnish & install bollard and card reader at driveway door Add $ 1,601.00 8. Hook up card reader to elevator Add $ 633.00 9. Credit for floor work overtime. Deduct $ 541.00 10. Cut in food pass /cuff doors. Add $ 6,943.83 11. Furnish & install extra elevator flooring. Add $ 1,247.00 12. Modify base cabinets for electrical work. Add $ 1,024.00 13. Furnish & install drywall at cell area. Add $ 299.00 14. Cutting and patching for fire hose cabinets. Add $ 723.00 15. Repoint exterior brick wall at driveway. Add $ 1,000.00 The foregoing changes results in a net increase in the contract of Twenty Six Thousand Seven Hundred Ten and 80/100 Dollars ($26,710.80). Summary: Original Contract Amount $1,364,000.00 Change Order #1 Add $ 20,640.70 Change Order #2 Add $ 14,369.30 Change Orders #3 & #4 Add $ 2,389.00 Amount of This Change Order ( #5) Add $ 26,710.80 Revised Contract Amount $1,428,109.80 Costs have been reviewed by the consulting architect (Kideney Architects) and the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in 34323006 445100 - Buildings. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of Public Works, Parks and Streets dated October 23, 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 #5 in the amount of $26,710.80 (Original Contract Amount $1,364,000.00 + Amount of Change Order #1 $20,640.70 + Amount of Change Order #2 $14,369.30 + Change Orders #3 and #4 $2,389.00 + Change Order #5 $26,710.80 for a total revised contract amount of $1,428,109.80) for the City Court Basement Detention Center, General Construction, to Wilsandra Construction, C #9300815. Funds for the project will be available in Account 34323006 445100 - Buildings. PASSED AYES 9, NOES 0 NO. 11 CHANGE IN CONTRACT J B WILEY SPORTS COMPLEX RENOVATIONS JOB #1051 ELLICOTT DISTRICT I hereby submit to Your Honorable Body the following changes for the J B Wiley Sports Complex, Renovations, Miller Enterprises, C #93000891. 1. Pipe removal at 2 nd floor ceiling due to conductors being obsolete Add $ 2,700.00 and at risk of failing. This was discovered during demolition and concealed by ceiling and CMU column enclosures. 2. Furnish and install new door, frame and weather strip; reuse Add $ 2,346.00 hardware; reconstruct roof area; paint. Existing door had inadequate clearance from roof surface leading to water entry. 3. Furnish and install additional exit signs to meet building code requirements. Add $ 1,480.00 4. Eliminate fireproofing on HVAC equipment support channels. Deduct $ 1,275.00 5. Floor penetration fire stopping (sealing the penetration through Add $ 5,375.00 the ceiling per inspector). 6. Relocate conduit relocation required to allow for duct relocation. Add $ 488.00 The foregoing change results in a net increase in the contract of Eleven Thousand One Hundred Fourteen and 00/100 Dollars ($11,114.00). Summary: Original Contract Amount $312,000.00 Amount of Previously Approved Change Orders $ 17,580.00 Amount of This Change Order ( #3) Add $ 11,114.00 Revised Contract Amount $340,694.00 Costs have been reviewed by the consulting architect (HHL Architects) and the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in 35323106 445100 - Buildings. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of Public Works, Parks and Streets dated October 18, 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 #3 in the amount of $11,114.00 (Original Contract Amount $312,000.00 + Amount of Previously Approved Change Orders $17,580.00 + Amount of Change Order #3 $11,114.00 for a total revised contract amount of $340,694.00) for the J. B. Wiley Sports Complex, Renovations, to Miller Enterprises, C #93000891. Funds for the project will be available in Account 35323106 445100 - Buildings. PASSED AYES 9, NOES 0 NO. 12 CHANGE IN CONTRACT LASALLE PARK CONCESSION BUILDING IMPROVEMENTS JOB #1236 EILICOTT DISTRICT ITEM NO. 17, CCP 10/02/12 1 hereby submit to Your Honorable Body the following changes for LaSalle Park, Concession Building Improvements, Miller Enterprises, C #93001023. 1. Additional work required: shore precast roof (outer wing walls); remove all brick and replace with new brick on outer wing walls. ADD $7,900.00 2. Eliminate the replacement of 20% of original brick. DEDUCT $3,500.00 The foregoing change results in a net increase in the contract of Four Thousand Four Hundred and 00/100 Dollars ($4,400.00). In the original Report of Bids, contingency in the amount of $2,700.00 was added to the bid price. Original Contract Amount $ 28,700.00 10% Contingency in original Report of Bids for Change Order #1 $ 2,700.00 Remaining Amount of This Change Order ( #1) Add $ 1,700.00 Revised Contract Amount $ 33,100.00 Costs have been reviewed by the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds are available in 34400206 445100 - Division of Buildings. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of Public Works, Parks and Streets dated October 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 #3 in the amount of $4.400.00 (Original Contract amount $28,700.00 ± 10% Contingency in original Report of Bids for Changer Order #1 $2,700.00 + Remaining Amount of Change Order #1 $1,700.00 for a total revised contract amount of $33,100.00) for the LaSalle Park, Concession Building Improvements, to Miller Enterprises, C #93001023. Funds for the project will be available in Account 34400206 445100 - Division of Buildings. PASSED AYES -9 NOES -0 NO. 13 PERMISSION TO INCREASE CONSULTANT CONTRACT GHD CONSULTING ENGINEERS, LLC SUPPLY OF WATER METERS CONTRACT # 91825600 1 hereby submit to your Honorable Body the following change for this contract. GHD Consulting Engineers, LLC is the engineering consultant for Supply of Water Meters for the Buffalo Water Board. This increase is necessary for services related to additional engineering to prepare technical specifications for the procurement of meter setting and associated equipment. The additional work also requires preparing an estimate of quantities necessary to sustain the meter program over the procurement period, review bids and prepare an award recommendation as well as review payment applications made by suppliers. Current Contract Amount $297,865.09 This Change Order $ 19,500.00 Total $307,365.09 I certify that this increase is fair and equitable for the work involved and respectfully request that your Honorable Body approve the subject change order and authorize the Commissioner of Public Works. Parks and Streets to issue said increase for $19,500.00. The funds will be available in Division of Water accounts to be named at a later date. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of Public Works, Parks and Streets dated October 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 $t9,500.00 (Current Contract Amount $297,865.09 + Changer Order #1 $19,500.00 for a total revised contract amount of $307,365.09) for the engineering consultant for supply of water meters for the Buffalo Water Board to prepare technical specifications for the procurement of meter setting and associated equipment, to CHG Consulting Engineers, LLC. Funds for the project will be available in Division of Water accounts to be named at a later date. PASSED AYES -9 NOES -0 NO. 14 REPORT OF BIDS ARGYLE PARK RESTORATION OF STONE ENTRY GATES JOB #1280 1 requested on October 10, 2012 and received the following bids for Argyle Park, Restoration of Stone Entry Gates, on October 23, 2012. Highland Masonry $14,250.00 33 Ransier, West Seneca, NY Morris Masonry $14,590.00 441 Bailey, Buffalo, NY Thomas Johnson, Inc. No Bid 3566 N Buffalo, Orchard Park, NY I hereby certify that the foregoing is a true and correct statement of all bids received and that Highland Masonry, with a bid of Fourteen Thousand Two Hundred Fifty and 00/100 Dollars ($14,250.00) is the lowest responsible bidder in accordance with the plans and specifications. Funding for this project is available in 33321206 445100 - Buildings. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of Public Works, Parks and Streets, dated October 23, 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 restoration of stone entry gates at Argyle Park, in the Total amount of Fourteen Thousand Two Hundred Fifty Dollars ($14,250.00) to Highland Masonry, to be funded through Account 33321206 44510 - Buildings. PASSED AYES -9 NOES -0 NO. 15 REPORT OF BIDS BROADWAY GARAGE NEW RESTROOM ADDITION JOB #1276 1 requested on October 9, 2012 and received the following bids for the Broadway Garage, New Restroom Addition, on October 23, 2012. Miller Enterprises $ 8,570.00 12 Newfield, Buffalo, NY Allgaier Construction $10,980.00 4790 Thompson, Clarence Ctr, NY Nichter Associates $11,345.00 3435 Harlem, Cheektowaga, NY C. Nichter Construction $15,300.00 30 Wildwood, Lancaster, 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 Eight Thousand Five Hundred Seventy and 00/100 Dollars ($8,570.00) is the lowest responsible bidder in accordance with the plans and specifications. Funding for this project is available in 35323106 445100 - Buildings. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of Public Works, Parks and Streets, dated October 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 Broadway Garage, new restroom addition, in the Total amount of Eight Thousand Five Hundred Seventy Dollars ($8,570.00) to Miller Enterprises, to be funded through Account 35323106 44510 - Buildings. PASSED AYES -9 NOES -0 NO. 16 REPORT OF BIDS EMERGENCY REPAIRS- EILICOTT & GOODRICH GARAGE (EGG) ELLICOTT DISTRICT This is to advise your Honorable Body that I requested and received bids Proposals on October 22, 2012 for emergency repairs at EGG parking ramp. 1. Union Concrete and Construction Corp. $24,875.00 2. Morris Masonry Restoration, LLC $38,070.00 3. Crane -Hogan Structural Systems, Inc $48,550.00 4. Hohl Industrial $60,622.00 5. Countour steel No Bid I hereby certify that the lowest responsible bidders is Union Concrete and Construction Corp. Also, 1 respectfully recommend that your Honorable Body authorize a contract award in the amount of $ 29,850 (Base Bid $ 24,875+ a $ 4,975- 20% Unit bid increase = $ 29,850).The Funds are available in account(s) to be named at later date. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of Public Works, Parks mad Streets, dated October 23, 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 a contract in the Total amount of $29,850.00 (Base Bid $24,875 + 20% unit bid increase of $4,975.00 for a total bid amount of $29,850.00) to Union Concrete and Construction Corp. for emergency repairs at the Ellicott & Goodrich Garage. Funding for this project is available in account(s) to be named at a later date. Approved. PASSED AYES -9 NOES -0 NO. 17 ZOO ARCTIC EDGE AND POLAR BEAR EXHIBIT - CULTURAL AND RECREATIONAL EASEMENT FROM CITY OF BUFFALO TO COUNTY OF ERIE TO FACILITATE $3,000,000 ASSISTANCE FROM COUNTY OF ERIE FOR THE ARCTIC EDGE EXHIBIT AT THE BUFFALO ZOO DELAWARE DISTRICT The City has received a request from the County of Erie for the City to grant the County a Cultural and Recreational Easement on the City -owned Zoo property to facilitate $3,000,000 in County assistance towards the Zoological Society of Buffalo, Inc.'s approximately $14,000,000 in construction costs for the Arctic Edge Exhibit project. The County of Erie is planning to utilize proceeds from a County Bond sale to fund this $3,000,000. In order to comply with Erie County's sw bond funding requirements, the County must have an interest in the project site in the nature of a Cultural and Recreational Easement. This methodology has been utilized successfully a number of times in the last several years as the County has assisted financially in prior projects on City -owned property. The term of the Cultural and Recreational Easement is 15 years. A copy of the proposed Cultural and Recreational Easement is attached for your review. This office requests and recommends that Your Honorable Body: 1. Approve the Cultural and Recreational Easement according to the above basic terms and other terms and conditions as are recommended and negotiated into the easement by the City Division of Real Estate, City Department of Public Works and /or the Corporation Counsel; 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 Cultural and Recreational Easement; 3. Authorize the Corporation Counsel to process said Cultural and Recreational Easement and negotiate same to finalization; and 4. Authorize the Mayor execute the Cultural and Recreational Easement. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets, dated October 24, 2012, be received and filed; and That the City of Buffalo has received a request from the County of Erie for the City to grant the County a Cultural and Recreational Easement on the City -owned Zoo property to facilitate $3,000,000.00 in County assistance towards the Zoological Society of Buffalo, Inc.'s approximately $14,000,000.00 in construction costs for the Arctic Edge Exhibit project. In order to comply with Erie County's bond funding requirements, the County must have an interest in the project site in the nature of a Cultural and Recreational Easement; and That the Common Council hereby approves the Cultural and Recreational Easement according to the above basic terms and other terms and conditions as are recommended and negotiated into the easement by the City Division of Real Estate, Department of Public Works, Parks and Streets and /or the Corporation Counsel; and That the Common Council hereby authorizes pertinent City personnel to take 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 Cultural and Recreational Easement; and that the Corporation Counsel is authorized to process said Cultural and Recreational Easement and negotiate same to finalization; and that the Mayor is authorized to execute the Cultural and Recreational Easement, PASSED AYES -9 NOES -0 NO. 18 APPOINT EQUIPMENT OPERATOR(PROV)(MAX)(ADAMS) Appointment Effective 10/15/2012 in the Department of Public Works, Parks and Streets, Division of Streets to the position of Equipment Operator, Provisional Appointment at the Maximum Salary of $38,615.00 Eric Adams, 48 Wheelock, Buffalo, NY 14205 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 19 APPOINT HEAVY EQUIPMENT OPERATOR(PROV)(INTER)(HARROUN) Appointment Effective 10/15/2012 in the Department of Public Works, Parks and Streets, Division of Streets to the position of Heavy Equipment Operator, Provisional Appointment at the Intermediate Salary of $26,229.00 Jeremy Harroun, 564 Dorrance, Buffalo, NY 14218 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 20 APPOINT HEAVY EQUIPMENT OPERATOR(PROV)(INTER)(WALKER) Appointment Effective 10/19/2012 in the Department of Public Works, Parks and Streets, Division of Streets to the position of Heavy Equipment Operator, Provisional Appointment at the Intermediate Salary of $26,229.00 Marvin Walker, 263 Highgate, Buffalo, NY 14215 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF POLICE NO. 21 APPLICATION FOR RESTRICTED USE PERMIT DOWNTOWN ENTERTAINMENT REVIEW DISTRICT NOIR ULTRA LOUNGE 88 W. CHIPPEWA STREET BUFFALO, NY 14202 The Buffalo Police Department does not recommend the approval of the Application for Restricted Use Permit of Noir Ultra Lounge for the Roboroc Halloween Party on October 31, 2012 because of past issues with underage drinking, fights and gang activity; RECEIVED AND FILED NO. 22 PERMISSION TO ACCEPT SEIZED VEHICLE The Buffalo Police Department hereby requests permission from your honorable body to utilize current drug asset forfeiture funds to cover administrative /seizure fees to the U.S Marshal's Office for one vehicle seized by the Buffalo Police Department. it must be assigned for a law enforcement purpose as mandated through the Drug Asset Forfeiture guide book, will be utilized in future undercover operations, will not be used as a take home vehicle, and an older, high mileage vehicle will be removed form the Police Fleet. The particular vehicle to be removed will be determined at a later date and will be placed in the next Police vehicle auction. The total funds to be spent to cover the fees will be $1,021.05 If you have any questions, please contact me at 851 -4571. Mr. Smith moved: That the above item be, and the above communication from, the Commissioner of the Buffalo Police Department, dated October 25, 2012, be received and filed; and That the Common Council hereby authorizes the Buffalo Police Department to accept a seized vehicle for law enforcement purposes. The vehicle will not be used as a take -home vehicle, and an older, high mileage vehicle will be removed from the Police Fleet. PASSED AYES -9 NOES -0 FROM THE COMMISSIONER OF FIRE NO. 23 APPROVAL FOR CITY'S PUBLIC SAFETY COMMUNICATIONS SYSTEM ROOFTOP PLACEMENT LEASE WITH MERCY HOSPITAL IN SOUTH I am writing to request that Yore" Honorable Body approve a lease with Mercy Hospital of Buffalo to facilitate the City's upgrade and placement mad continued operation and maintenance of the City's Public Safety Communications System. The lease will run for a minimum often years. The City is not being charged any rent by Mercy Hospital. A preliminary draft of the lease is attached for your ease of reference. The City is in the process of upgrading and modifying its Public Safety Communications System. The Mercy Hospital rooftop location has long been an important part of the City's communications system due to the cooperation of Mercy Hospital and Mercy Hospital's ideal location and building height. The pending communications system modifications and upgrades (some of which are required by the Federal Communications Commission) present this opportunity to update the Mercy Hospital rooftop lease /occupancy agreement as well. Accordingly, I am requesting that Your Honorable Body: 1. Approve a lease agreement according to the above basic terms and other terms and conditions as are recommended by this Department mid the Corporation Counsel, 2.Authorize the Corporation Counsel to negotiate said lease to finalization, 3.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 objectives of the City's communications system upgrade and placement at Mercy Hospital, 4. Authorize the Commissioner of Fire and or the Mayor to execute the lease in its final form. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Buffalo Fire Department, dated October 17, 2012, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Buffalo Fire Department to enter into a lease with Mercy Hospital of Buffalo to facilitate the City's upgrade and placement, and continued operation and maintenance of the City's Public Safety Communications System. The lease will run for a minimum often (10) years; and the Common Council hereby authorizes the Corporation Counsel to negotiate said lease to finalization; and That the Common Council 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 objectives of the City's communication system upgrade and placement at Mercy Hospital; and authorizes the Commissioner of Fire and /or the Mayor to execute the lease in its final form. PASSED AYES -9 NOES -0 FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT & INSPECTION SERVICES NO. 24 FOOD STORE (NEW) 256 FOREST(NORTH) Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 256 Forest (7- Eleven Inc. /David Feuton) and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collection Office I tried it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Mr. Smith moved: That the above item be, and the above communication from the Department of Permits and Inspection Services, dated October 24, 2012, be received and filed; and That the Commissioner of Permits and Inspections Services is hereby authorized pursuant to Chapter 194 of the City Code to issue a Food Store License to David Fenton d /b /a 7- Eleven Inc., located at 256 Forest. PASSED AYES -9 NOES -0 NO. 25 FOOD STORE (NEW) 171 GRANT(NIAGARA) Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 171 Grant (7- Eleven Inc. /David Fenton) and tried that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collection Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Mr. Smith moved: That the above item be, and the above communication from the Department of Permits and Inspection Services, dated October 24, 2012, be received and filed; and That the Commissioner of Permits and Inspections Services is hereby authorized pursuant to Chapter 194 of the City Code to issue a Food Store License to David Fenton d /b /a 7- Eleven Inc., located at171 Grant. PASSED AYES -9 NOES -0 NO. 26 FOOD STORE (NEW) 2070 NIAGARA AKA 2078 NIAGARA(NORTH) Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 2070 Niagara AKA 2078 Niagara (7- Eleven Inc. /David Fenton) and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collection Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Mr. Smith moved: That the above item be, and the above communication from the Department of Permits and Inspection Services, dated October 24, 2012, be received and filed; and That the Commissioner of Permits and Inspections Services is hereby authorized pursuant to Chapter 194 of the City Code to issue a Food Store License to David Fenton d /b /a 7- Eleven Inc., located at 2070 Niagara a /k/a 2078 Niagara. PASSED AYES -9 NOES -0 NO. 27 LODGING HOUSE LICENSE 1253 BROADWAY (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 1253 Broadway, 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 other applicable laws. I have caused an investigation by the Police Department into the moral character of Meyer Sadigursky. The attached thereto for Meyer Sadigursky d /b /a 1253 Broadway LP. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION. NO. 28 SECOND HAND DEALER 420 EAST DELAVAN (MASTEN) Pursuant to Chapter 254 of the City of Buffalo Ordinances please be advised that I have examined the attached application for a Second Hand Dealer License located at 420 East Delavan and find that as to form is correct. I have caused an investigation into the premises for which said application for a second hand dealer license is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspections. I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of Andrew Pellitieri. The attached thereto for Andrew Pellitieri d /b /a /Buffalo Engine components Inc. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION. NO. 29 NOTICE OF HEARING FOR VIOLATION OF CHAPTER 511 -68.6 DOWNTOWN ENTERTAINMENT REVIEW DISTRICT This correspondence is notification to the Common Council per the attached "Notice of Hearing" as required per Chapter 511 -68.6 "Downtown Entertainment Review District" of a Departmental Bearing scheduled for the I day of November 2012 regarding the establishment known as "Big Bad Wolf' located at 234 Delaware Avenue in the City of Buffalo. REFERRED TO THE COMMITTEE ON LEGISLATION FROM THE CITY CLERK NO. 30 APPLICATION FOR RESTRICTED USE PERMIT DOWNTOWN ENT DISTRICT 77 W. CHIPPEWA(11 .1,11/8,11/15,11 /22,11/29,2012 Item available for review in The City Clerk's Office REFERRED TO THE COMMITTEE ON LEGISLATION NO. 31 APPLICATION FOR RESTRICTED USE PERMIT — DOWNTOWN ENT DISTRICT- 88 W. CHIPPEWA Item available for review in The City Clerk's Office Mr. Smith moved: That the application for a restricted use permit in the downtown entertainment review district to permit entry of patrons under the age of 21 where alcohol is served is denied on the written recommendation of the Commissioner of Police. DENIED NO. 32 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 619 Main Jay's Hilltop Bistro Jay's Hilltop Bistro 577 Forest Mangos Bar & Grille 1256 Hertel Ave Assoc 199 Delaware Touch Enterprise Inc Tony Valliant RECEIVED AND FILED NO. 33 REPORTS OF ATTENDANCE I transmit herewith communications received by me, from the various boards, commissions, agencies and authorities reporting the membership attendance at their respective meetings: X Buffalo Sewer Authority RECEIVED FILED. NO. 34 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 10/22/2012 in the Department of Public Works, Parks and Streets, Division of Buildings to the position of Sr. 1 sc Class Stationary Engineer, Seasonal at the Flat Salary of $15.00 /hr Louis Carbone, 212 Geary St, Buffalo, NY 14210 Michael Whelan, 162 Mariemont, Buffalo, NY 14220 James Wozniak, 27 Lombard St, Buffalo, NY 14206 William Barnes, 104 Tuscarora, Buffalo, NY 14220 Jeffrey Vitali, 112 Remington, Buffalo, NY 14210 Edward Standish, III, 444 N. Legion, Buffalo, NY 14210 Thomas Pyjas, 29 Garvey, Buffalo, NY 14220 Lawrence Doctor, 70 Hansen, Buffalo, NY 14220 CERTIFICATE OF APPOINTMENT Appointment effective 10/24/2012 in the Department of Public Works, Parks and Streets, Division of Buildings to the position of Sr. 1 sc Class Stationary Engineer, Seasonal at the Flat Salary of $15.00 /hr Charles Kulp, 1015 Abbott Rd, Buffalo, NY 14220 Brian Leonard, 34 Ward Court, Buffalo, NY 14220 CERTIFICATE OF APPOINTMENT Appointment effective 10/25/2012 in the Department of Public Works, Parks and Streets, Division of Buildings to the position of Sr. 1 sc Class Stationary Engineer, Seasonal at the Flat Salary of $15.00 /hr Casmir Piwowarski, 74 N. Ogden, Buffalo, NY 14206 Michael Schieber, 168 Dundee, Buffalo, NY 14220 CERTIFICATE OF APPOINTMENT Appointment effective 10/27/2012 in the Department of Public Works, Parks and Streets, Division of Buildings to the position of Sr. 1 sc Class Stationary Engineer, Seasonal at the Flat Salary of $15.00 /hr Louis Eze, 117 Ledger St, Buffalo, NY 14215 Paul Fitzpatrick, 23 Heussy Ave, Buffalo, NY 14220 Andrew Krawchuk, 1293 Hertel, Buffalo, NY 14216 William Gallagher, 134 Culver Rd, Buffalo, NY 14220 CERTIFICATE OF APPOINTMENT Appointment effective 11/05/2012 in the Department of Public Works, Parks and Streets, Division of Buildings to the position of Sr. 1 sc Class Stationary Engineer, Seasonal at the Flat Salary of $15.00 /hr James Conrad, 128 Harding, Buffalo, NY 14220 Timothy Devany, 19 Mumford, Buffalo, NY 14220 Mark G. Blake, 158 Dundee, Buffalo, NY 14220 Cherie Claudella, 51 Schutrum St, Buffalo, NY 14212 Dennis Schollard, 41 Kimberly, Buffalo, NY 14220 CERTIFICATE OF APPOINTMENT Appointment effective 11/08/2012 in the Department of Public Works, Parks and Streets, Division of Buildings to the position of Sr. 1 sc Class Stationary Engineer, Seasonal at the Flat Salary of $15.00 /hr Patrick Loneergan, 77 Potters Rd, Buffalo, NY 14220 Stephen Makula, 400 Linden Ave, Buffalo, NY 14216 CERTIFICATE OF APPOINTMENT Appointment effective 10/15/2012 in the Department of Public Works, Parks and Streets, Division of Parks to the position of Laborer II, Seasonal at the Flat Salary of $12.06/hr Maurice Cox, 25 Fairfield, Buffalo, NY 14214 CERTIFICATE OF APPOINTMENT Appointment effective 10/15/2012 in the Department of Public Works, Parks and Streets, Division of Buildings to the position of Laborer II, Seasonal at the Flat Salary of $12.06/hr Jerome Shanklin, 389 LaSalle Ave, Buffalo, NY 14215 CERTIFICATE OF APPOINTMENT Appointment effective 10/22/2012 in the Department of Public Works, Parks and Streets, Division of Buildings to the position of Laborer II, Seasonal at the Flat Salary of $12.06/hr Kelly Harris, 520 Sherman, Buffalo, NY 14211 CERTIFICATE OF APPOINTMENT Appointment effective October 17, 2012 in the Department of Assessment and Taxation to the position of Clerk, Seasonal Appointment at the Flat salary of $12.06/hr Lyanna Luciano, 247 West Avenue, Buffalo, NY 14201 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. CERTIFICATE OF APPOINTMENT Appointment effective 10/15/2012 in the Department of Public Works, Parks and Streets, Division of Buildings to the Position of Carpenter, Permanent at the minimum salary of $22,246.00 Michael Meyers, 27 Payne Ave, Buffalo, NY 14220 CERTIFICATE OF APPOINTMENT Appointment effective 10/15/2012 in the Department of Public Works, Parks and Streets, Division of Buildings to the Position of Laborer II, Permanent at the minimum salary of $22,423.00 David White, 2550 Main St, Buffalo, NY 14214 NON - OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON - OFFICIAL COMMUNICATIONS NO. 36 CHIPPEWA BAR ASSOCIATION - REQUEST CO- MINGLING ORDINANCE BE LIFTED ON THURSDAY NIGHTS 75 W Chippewa St Buffalo, NY 14202 Common Council of Buffalo, The Chippewa Bar Association (CBA) are requesting that the newly enforced "Comingling Ordinance" be lifted for Thursday nights. We request that any "Restricted Use Permits" that are filed for Thursday nights until the ordinance is lifted be approved immediately, allowing patrons between the ages of 18 -20 to enter drinking establishments in the Chippewa district effective 10/18/2012. Furthermore, the CBA would like to request a more specific application process for filing "Restricted Use Permits" for nights other than Thursday's. We would like to see guidelines for approvals /denials and a timely response period outlined in the application process. Sincerely, Chippewa Bar Association RECEIVED AND FILED, NO. 37 CLEAN AIR COALITION -WNY RESPONSE TO NYS'S WHITE PAPER REG ASTHMA ON THE WEST SIDE Have Asthma? Here's Why: According to Governor Cuomo There is a report going around that says: "poverty, race & socioeconomic factors, not geographic location are why people have asthma. It says the "causes of asthma are poorly understood; there are significant racial, ethnic, and socioeconomic disparities in the prevalence of asthma ", even though scientific studies have shown that 45% of households on the West Side have asthma- 4 times the national average, and that 5000 trucks pass through our streets daffy. We know that diesel exhaust has 40 known toxic chemicals, and that it is also a carcinogen, and that the West Side receives 90— of the truck traffic traveling from here to Canada, even though there are 2other bridges that can be used. It implies that you don't take care of your children by saying that "minority children are less likely than white children to take recommended treatments to control their asthma and are less likely to attend appointments ". It says to avoid "colds, flu and viruses, exercise, stress, mold, furry pets, outdoor air pollution, tobacco smoke, dust mites, cockroaches, and rodents " to keep your asthma, in control. I don't know anyone who doesn't avoid getting a cold or the flu, or who wants to live with roaches and rats. Do you? "Areas with higher rates of asthma hospitalization also tended to have higher levels of poverty and a greater proportion of African American and /or Hispanic residents ". Historically, polluters tend to locate in communities of color, which tend to have the worst air quality. in August of 2012 The New York State Department of Transportation, The New York State Department of Environmental Conservation and the New York State Department of Health issued a "white paper" on asthma on the west side. The paper was compiled at the request of Governor Andrew Cuomo. The paper was written by staff at a transportation agency, not a health agency and was released without community input or a review by scientists. Asthma- it's not our fault, but it is our problem! Let's set the record straight: we don't have asthma because we live with rats or because of the color of our skin. We have asthma because trucks have over our neighborhood! If you need more information, call Natasha from the Clean Air Coalition at 716 - 852 -3813. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 38 R. FELSCHOW- REQUEST LEAVE OF ABSENCE FROM FIRE TO BECOME A POLICE OFFICER - TENTATIVELY JANUARY 2013 Hon. Mayor Byron W. Brown 65 Niagara Sq. Room 201 Buffalo, NY 14202 Mayor Brown, I have been selected to be a candidate for the position as a Police Officer for the City of Buffalo. I was born and raised in Buffalo and have no intentions to move out of the city. I strongly believe I can make a difference as a Police Officer to ensure Buffalo to be a safe city to live, work, raise a family; and enjoy what Buffalo has to offer. I have always wanted to be a Police Officer since I was a child. I do have relatives and friends that are on the force and they do say it's a rewarding career, knowing they make a difference as to the safety and well -being of the Community they Patrol. I'm confident I can live up to the tasks that involve being a Police Officer. I am currently a Fire Fighter with the City of Buffalo and I enjoy it very much, find it rewarding, and I am fortunate enough to be a Buffalo Fire Fighter, but my overall ambition has always been to be a Buffalo Police Officer. I hereby respectfully request a leave of absence from the position as a Buffalo Fire Fighter to fulfill my ambition of becoming a Buffalo Police Officer. Tentatively January, 2013 pending notification, please consider my leave of absence request- Thank you. Respectfully, Robert J. Felschow III RECEIVED AND FILED NO. 39 S. GAWLIK -ESQ NYS URBAN DEV CORP CANALSIDE PROJECT UPDATE NEW YORK STATE URBAN DEVELOPMENT CORPORATION d /b /a EMPIRE STATE DEVELOPMENT Parent Corporation of ERIE CANAL HARBOR DEVELOPMENT CORPORATION SUPPLEMENTAL NOTICE OF PROJECT UPDATE Canalside Project Buffalo, Erie County, New York The New York State Urban Development Corporation d /b /a Empire State Development ( "ESD "), sewed as Lead Agency on behalf of its subsidiary, the Erie Canal Harbor Development Corporation ( "ECHDC "), for the environmental review process carried out under the New York State Environmental Quality Review Act ( "SEQRA ") and its implementing regulations (6 NYCRR Part 617) in connection with the Canalside Project in Buffalo, New York {the "Project "). The Project was classified as a Type 1 Action under the implementing regulations for SEQRA. The Project was evaluated utilizing a Generic Environmental Impact Statement ( "GELS ") to analyze site - specific impacts associated with various aspects of the Project, and long -term and /or cumulative impacts associated with future phases of project development. Pursuant to SEQRA, agencies may prepare a GEIS when there is a need to assess a wide variety of impacts at a more conceptual level on a larger geographic area, often including cumulative impacts, rather than project - specific or site - specific EISs. The ESD issued a Final GEIS ( "FGEIS ") for the Project on January 21, 2010 and a Findings Statement on March 25, 2010. Pursuant to the FGEIS, final designs for less- defined Project components as well as any proposed changes to the more well- defined elements would require further evaluation pursuant to SEQRA. On October 6, 2012, ESD distributed a Notice of Lead Agency Designation and Project Update (the "Notice ") detailing proposed changes to the development of the area known as the "Webster Block" from the assumptions evaluated in the Canalside GELS. The Notice included a Letter of Intent from representatives of HARBOR center Development, LLC ( "HARBOR center "), notifying ESD of the proposed changes to the development of the Webster Block component of the Project, including the construction of a mixed -use building consisting of a hockey complex, a hotel, retail and restaurant space and a parking structure (the "Webster Block Component'). The Notice detailed the process by which ESD, as Lead Agency, would conduct the SEQRA analysis for the proposed changes to the Webster Block Component and review its consistency with the FGEIS and the Findings Statement, and requested comments from your agency, board or department to assist in the analysis. ESD has received from HARBOR center the enclosed Full Environmental Assessment Form and supporting analyses with detailed information regarding the extent to which potential environmental impacts associated with the Webster Block Component have 95 Pearl Street, Suite 500 Buffalo, NY 14203 -3030 {716) 846 -8200 been addressed in the Canalside GEIS and providing supplemental analyses for potential impacts which were not addressed. We request that your agency, board or department review the enclosed documentation and provide any comments regarding potential adverse environmental impacts associated with the Webster Block Component to ESD by November 12, 2012. Comments on potential adverse environmental impacts associated with the Webster Block Component or questions regarding the Canalside SEQRA process, should be directed to : Stephen F. Gawlik, Esq. Empire State Development 95 Perry Street Buffalo, NY 14203 Phone 716 - 846 -8257; Facsimile: 716 - 846 -8260 A copy of this notice, the full EAF and supporting analysis has been sent to the following agencies: New York State Department of Environmental Conservation 270 Michigan Avenue Buffalo, NY 14203 New York State Department of Transportation 100 Seneca Street Buffalo, NY 14203 New York State Office of Parks, Recreation and Historic Preservation State Historic Preservation Office Peebles Island, PO Box 189 Waterfront, NY 121884089 New York State Department of State One Commerce Plaza 99 Washington Avenue Albany, NY t223t -0001 New York State Canal Corporation 455 Cayuga Road Suite 800 Cheektowaga, NY 14225 -1309 Department of State Division of Coastal Resources 41 State Street Albany, NY t2231 -0001 New York State Thruway Authority Buffalo Division 455 Cayuga Road, Suite 800 Cheektowaga, NY 14225 -0121 Niagara Frontier Transportation Authority 181 Ellicott Street Buffalo, NY 14203 Erie County Department of Health 95 Franklin Street Buffalo, NY 14202 Erie County Industrial Development Agency 143 Genesee Street Buffalo, NY 14203 New York State Office of General Services Corning Tower 41 st Floor Empire State Plaza Albany, NY 12242 New York Power Authority 123 Main Street White Plains, NY 10601 Erie County Fiscal Stability Authority 295 Main Street Room 946 Buffalo, NY 14203 Erie Canal Harbor Development Corporation 8th Floor 95 Perry Street Buffalo, NY 14203 City of Buffalo Department of Administration, Finance, Policy and Urban Affairs 203 City Hall Buffalo, NY 14202 City of Buffalo Department of Public Works, Streets and Parks 501 City Hall 65 Niagara Square Buffalo, NY 14202 Buffalo Sewer Authority t038 City Hall 65 Niagara Square Buffalo, NY 14202 Buffalo Urban Renewal Agency 902 City Hall 65 Niagara Square Buffalo, NY 14202 Buffalo Municipal Housing Authority 300 Perry Street Buffalo, NY 14204 Erie County Legislature 92 Franklin Street 4th Floor Buffalo, NY 14202 Erie County Department of Planning and Environment 95 Franklin Street Buffalo, NY 14202 City of Buffalo Common Council City Hall 65 Niagara Square Buffalo, NY 14202 City of Buffalo Planning Board 901 City Hall 65 Niagara Square Buffalo, NY 14202 Hon. Mayor Byron W. Brown City Hall 65 Niagara Square Buffalo, NY 14202 City of Buffalo Department of Economic Development, Inspections and Permits 324 City Hall 65 Niagara Square Buffalo, NY 14202 Buffalo Preservation Board 901 City Hall 65 Niagara Square Buffalo, NY 14202 Buffalo Fiscal Stability Authority Market Arcade Building, Suite 400 617 Main Street Buffalo, NY 14203 -1485 Buffalo Water Board 281 Exchange Street Buffalo, NY 14204 REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 40 J. GOLOMBEK- ARTICLE RE SQUABBLING BTWN THE DISTRICT AND THE TEACHERS UNION Dear Mr. Chwalinski: Please file the attached Buffalo News editorial regarding the "squabble between the district and its teachers union." Your assistance is greatly appreciated. Sincerely, Joseph Golombek, Jr. North District Councilmember Enclosure EDITORIALS Grown -ups Negotiation is the way to settle squabble between district and its teachers union Here we go again. The most dysfunctional labor- management relationship in - what? Our half of the Milky Way? - is threatening to ruin even more students lives and end even more teaching careers. A psychiatrist could have a field day here. Here's what has happened just in the past few days. After losing a ruling on teachers the Buffalo Public School District had transferred to other schools, Superintendent Pamela C. Brown offered those teachers - 106 of them - $2,500 each if they would accept those transfers. The Buffalo Teachers Federation summarily rejected the offer and made no counteroffer. Because of those transfers, the BTF is also refusing to negotiate a new deal on teacher evaluations. Without that agreement, the district stands to lose $58.7 million in state and federal funds. To forgo those funds some earmarked for the district's lowest - performing schools - would be "devastating," Brown said. Layoffs would be significant while thousands of students would be threatened with another year of lost opportunities. The union and its president, Philip Rumore, do not care. Individual teachers certainly care - those who want to Improve the lives of their students and those who may lose their jobs over this craziness - but the union cares about itself. That is not to say that the circumstances aren't convoluted. They are. The district was forced to transfer the teachers to preserve $5.1 million in badly needed need to .talk turnaround funding from the federal government. It was the only model that was both acceptable to the state and quickly achievable. The district did what it had to do to secure the funds, but set up a confrontation with the union, which said the involuntary transfers violated the contract. An arbitrator and then a judge agreed, but the city has appealed, which leaves the transfers in place and Rumore's nose out of joint. What is certain is that no responsible actor in this horror story can simply sit and await the blade's descent. The best outcome for students, teachers and the community is for the district and union to negotiate a settlement over the teacher transfers. It s the obvious solution. If $2,500 isn't enough, what would be? Move the teachers back and the district loses $5.1 million. Refuse to negotiate an evaluation agreement and the district loses more than 10 times that amount. The solution is for grown -ups to talk. It would be helpful if the union were to make a counteroffer, but it hasn't and that decision is fully in Ramore's hands. Given the satisfaction he seems to derive from making life more difficult than it needs to be, it's hard to be optimistic about the prospects. What is undeniably true is that this is a new day for New York's education system. The state and federal governments are demanding changes and so are parents. Children are being left behind by the thousands despite some of the nation's highest per -pupil costs. Other unions in other New York districts are reaching agreements on these issues. Buffalo, in the death grip of 1930s -style unionism, is being left behind. And the union doesn't care. REFERRED TO THE SPECIAL COMMITTEE EDUCATION NO. 41 G. HASIOTIS- GREATER BUFFALO SPORTS & ENTERTAINMENT COMPLEX OVERVIEW Overview: Project, Team and Decision Matrix The Project The GBSEC is envisioned as a multi - purpose, multi- use /mixed -use commercial facility sited on a 100( +) acre vacant waterfront site in the City of Buffalo. Estimated project cost is $1.4 billion and will take @ 5 years for build -out. The land parcel, the Buffalo Outer Harbor site is part of a public land parcel of approximately 400 total acres, at present, owned by the Niagara Frontier Transportation Authority (NFTA), an independent New York State public benefit corporation. In the recent past the N FTA has stated that it wishes to divest itself of the property. In September 2012 the NFTA solicited statements of interest or proposals from the City of Buffalo and other public entities in furtherance of its stated desire for divestiture. GBSEC proposes to build on site a 70,000 ( +) seat, 1.6 million square foot, retractable roof stadium, which will also function as a convention - conference center and provide an attractive, state -of- the -art home for an NFL franchise - as well as serving as a multisport and entertainment venue. GBSEC, LLC has retained HKS Design, Inc. (Dallas, TX, www.HKSinc.com), a global leader in design and project management of sports and entertainment venues. HKS has begun preliminary site and building design for a space that can be configured to breakdown into smaller, coherent sub - spaces suitable for conventions and other types of sporting & entertainment events on a multi- season basis. HKS is currently working on exciting new projects involving professional sports in Oakland, CA and for the Minnesota Vikings. Most recently, they have delivered landmark venues such as: Yankee Stadium, Dallas Cowboys Stadium and Lucas Oil Stadium in Indianapolis. HKS has made 4 visits to Buffalo for research and preliminary site determination and suitability purposes and has prepared a preliminary master site plan presentation. Preliminary plans are to build the signature main anchor stadium structure and additional site construction will include a high capacity hotel, covered & surface parking on site for up to 5000 vehicles. Potentially, other mixed -use commercial structures may be included in the site plan, either for first stage construction, or, for Stage II construction. GBSEC has invited the Strong Museum (www.thestrong.org) of Rochester, NY, to consider participation in this project and they have submitted a positive response with specific areas of interest they would consider developing (statement attached). At it's Rochester site, The Strong generates @ 600,000 regional visitors per year; slightly more than the Buffalo Bills draw for sellout attendance at home games. II The Development Team: A. GBSEC, LLC is a Delaware Corporation. Nicholas J. Stracick is CEO and President. Mr. Stracick has a lifetime of experience in professional sports. His career started as a professional baseball umpire. He was one of the founding members of the major league baseball umpires' association. He left his on -field officiating duties to establish the nation's second professional baseball umpire training school in Florida. In a separate business project he successfully developed the concept and model for the All Pro "sports experience" in the 1990's. Now semi - retired and living in the Buffalo, NY area, he has led and underwritten a multi -year quest to build a new, world - class sports & entertainment complex in his hometown. In 2007 he formed a team of business and sports venue development professionals which, for over a year, closely examined the feasibility of restoring the historic Buffalo Central Terminal and developing a new sports and convention center at that property. In 2009 a determination was made that the Central Terminal development would not meet the demanding requirements of professional sports site selection. In 2011 with the formation of GBSEC, and Mr. Stracick as CEO, a formal agreement was signed with HKS, Inc. of Dallas to identify the most suitable venue in the Buffalo area for a new facility that would, with its construction, become a leading NFL facility while also providing an expanded venue for entertainment, conferencing, hospitality and multi -sport attractions on a 365 day basis. B. George Hasiotis, V.P. for Finance and Communication Mr. Hasiotis holds a B.A. degree (Bowdoin College) and an MA. degree /Economics (New School for Social Research). He has lived and worked in Western New York for 32 years. While based in Buffalo as a Vice President of a local specialty chocolate and ice cream company, he also worked extensively as a public affairs and business consultant. In 2001 he co- founded the Economic Club of Toronto where he continued his association as Manager of the Club's USA operations until 2010. From 1999 to 2002 he worked as a Project Management Consultant with the Washington, DC lobbying & law firm, Verner Liipfert, where he worked directly with former Senate Majority Leaders George Mitchell and Robert Dole. Appointed twice to the Board of Commissioners of the Erie County Water Authority, he served from 1996 to 2000 as the authority's Treasurer. C. HKS, Inc., Dallas, TX HKS Principals, Mark Williams and John Hutchings have worked closely with GBSEC since their earlier review of the Central Terminal site and have become very familiar with the Western New York and Southern Ontario market for sports and entertainment over the last five years. In addition, HKS' Consulting Market Analysis and Finance Expert, Ron Gilman has recently joined the team to provide economic and metric analysis for the project. Williams, Hutchings and Gilman have been working closely with the NFL on other league projects and provide a necessary perspective into the requirements and practices of developing successful new facilities. The combined experience of this team - their intimate knowledge of the workings of the league and front line involvement with the financing and development of large -scale projects - is an invaluable resource. III. Primer: Sports Stadium Financing Plans - How it's been done in other communities... T IV. Table 1: Comparative List of Funding Sources for NFL Stadium Construction & Renovation Chicago, 2003: 75% Public Contribution Green Bay, 2003: 85% Public Contribution Philadelphia, 2003: 80% Public Contribution Arizona, 2006: 72% Public Contribution Minnesota 2012:45 % Public Contribution Table 2: Comparative Cost and Sources of Funding for New MLB Stadium Construction Miami /Marlins Field, 2012:$525 Million, 70% Public Minnesota /Target Field: 2010:$544 Million, 72% Public NY Mets /Citi Field, 2009:$600 Million, 27% Public NY Yankees/Yankee Stadium, 2009: 17% Public Washington /Nationals Park, 2008:$611 Million, 100% Public Table 3: Economic Impact Studies for recent NFL SuPer Bowl Events 2008 Super Bowl (Arizona): $501 Million 2003 Super Bowl (San Diego): $367 Million 1999 Super Bowl (Miami): $393 Million Matrix: Action Sequence Needed to Get from First Base to Home Plate Submission of Preliminary Developer's Master Plan seeking land acquisition agreement, City of Buffalo and State of New York Site Designation, Master Plan Presentation to NFL Commissioner and League for Review, to include Preliminary Market Analysis & Project Feasibility Assessment (also to be presented to City and State) Subsequent City, State and NFL review and approval, of above, Submission of Preliminary Financing Plan (Cash, Equity, Debt and Public Finance Components) Pending Agreements of Concerned Parties, implementation of Financing Plan and Pre - Construction Site Prep REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 42 M. MARK - VIVERITO -2012 OFFICIAL BALLOT - PARTICIPATORY BUDGETING IN NYC Item available for review in The City Clerk's Office RECEIVED AND FILED NO. 43 VIOLENCE IN AND AROUND ENTERTAINMENT DISTRICTS ANALYSIS Please file the attached study done at The University of Queensland, Institute for Social Science Research. The research examines "locked out" legislation. According to the author this legislation "aims to stagger patrons' dispersal from entertainment districts and reduce clusters of people on the streets late at night when they are most likely to be heavily intoxicated and most at risk of becoming a victim of crime or engaging in criminal or disorderly behavior (see Graham et a12004)." The entire study is available online at http:/ /onIinelibrary.wiley.com /doi /10. 1111 /j.1467- 9930.2011.00353.x/pdf. Sincerely, Darius G. Pridgen Ellicott District Councilmember Item available for review in the City Clerk's Office RECEIVED AND FILED NO. 44 D. RIVERA- ANTI - IDLING AND AIR MONITORING AT BFLO PEACE BRIDGE Dear Commissioner Martens and Mr. Hoyt: I am writing today regarding anti - idling mid air - monitoring efforts at the Peace Bridge international border crossing in Buffalo, New York. It is my understanding that these efforts are a result of collaboration by the Department of Environmental Conservation (DEC) and the Buffalo and Fort Erie Public Bridge Authority (PBA). As you both know, my primary concerns about the PBA's plaza expansion project are related to air quality issues in the West Side neighborhood surrounding the bridge and plaza. [ an1 encouraged by and supportive of the anti - idling efforts and air - monitoring, mad believe that they are part of the solution. Since the DEC and PBA announced the air - monitors and anti - idling programs, I have received a lot of feedback, both positive and negative. I think it would serve everyone involved if more information could be released about the monitors and idling, specifically: The details of the anti - idling program, including any photographs of new signage, results from enforcement sweeps, mad specific plans for future enforcement. Timeline for the please of data collected from the air monitors, and information on how individuals can access this data once it is available. I am interested in sharing the above information with my constituents and the public -at -large in numerous ways, including filing it with the Common Council for public record and for my colleagues to consider. Please feel free to contact me about the above request, and any other issues you may wish to discuss. 1 appreciate your —and attention, and anticipate a response ill the near future. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 46 D. RIVERA- MOTION PASSED UNANIMOUSLY BY BTF EXECUTIVE COMMITTEE & COUNCIL OF DELEGATES DATED OCTOBER 18, 2012. 1 would like to file the attached information for the next Common Council meeting to be held on 10/30/12. Thank you. The enclosed motion was passed unanimously by the BTF Executive Committee and Council of Delegates (representatives of all schools - approximately 150 teachers) on October 18, 2012. Philip Rumore, President Buffalo Teachers Federation, Inc. COMMON COUNCIL RESOLUTION WHEREAS: As documented in a report by Buffalo Public Schools Chief Financial Officer, Gary Crosby, (now a top officer in First Niagara Bank), charter schools drain desperately needed funding from District students that cannot be compensated for despite the loss of students, e.g. in 2004 while $51,510,800 was sent to charter schools, it would have only cost the District $18,662,105 to educate said students if they returned to the Buffalo Public Schools. Therefore in 2004 the District sent charter school $32,848,695 more than it would have cost the Buffalo Public Schools to educate the same students and; WHEREAS: In 2011, using the same percentages, with $70,000,000 being sent to charter schools; the District sent $44,639,350 more to charter schools that it would have cost the Buffalo Public Schools to educate the same students and; WHEREAS: A recent study has shown that unlike the Buffalo Public Schools, charter schools do not have programs for nor do they educate the moderately and more seriously identified special needs students and; WHEREAS: charter schools routinely remove students that they consider "undesirable" and send said students back to the Buffalo Public Schools and; WHEREAS: charter schools do not have to meet the same New York State teacher and principal evaluation standards as do other public schools and; WHEREAS: Waterfront Elementary School and East High School have dedicated staffs who in conjunction with partners have developed comprehensive action plans that have begun to make significant progress for their students and; WHEREAS: It has been reported that seven members of the Buffalo Common Council supported a motion /resolution urging the Buffalo Board of Education to "cooperate and collaborate" with efforts to change Waterfront Elementary School and East High School into charter schools and; WHEREAS: Said motion /resolution also urges the New York State Education Department to approve the charter application for Waterfront and East High School and; WHEREAS: Said motion was sponsored by Council Members Joseph Golombek and Bonnie S. Russell and supported by Council Members David A. Franczyk, Richard Fontana, Darius G. Pridgen, Christopher P. Scanlon and Demone A Smith and; WHEREAS: Said motion was opposed by Council Members Michael J. LoCurto and David A. Rivera and; WHEREAS: Said motion /resolution is seen by Buffalo teachers as an attack on the education of our students and also on the dedicated and hard working staffs at not only Waterfront Elementary and East High School, but all Buffalo teachers and Buffalo Public School staff and; WHEREAS: The Buffalo Common Council has not increased operating aid for the Buffalo Public Schools since 2006 -2007 and actually decreased it by $500,000 in 2007 -2008; THEREFORE BE IT RESOLVED: That all future support by the Buffalo Teachers Federation for the Buffalo Common Council Members who supported said motion /resolution be withheld until the Council members who voted for said motion resolution rescind their vote and; BE IT FURTHER RESOLVED: That this resolution be sent to all Buffalo teachers (retired and active), and also that the content be reflected in the Buffalo Teachers Federation' endorsement letters for Common Council candidates and; BE IT FURTHER RESOLVED: That copies of this resolution be sent to all members of the Common Council and Mayor Byron Brown. Seconded: Nicole Greco - Cedeno, Deleg. Chair Representing East High School REFERRED TO THE COMMITTEE ON EDUCATION NO. 46 S. TRIERI -THE STRONG AND PROPOSED BFLO NFL STADIUM ENTERTAINMENT COMPLEX The Strong Invited to Create and Operate Major Sports Museum at Proposed Buffalo NFL Stadium Entertainment Complex ROCHESTER, New York - -The Strong, one of the largest private history museums in the United States, has agreed to consider creating and operating a unique, world -class 150,000- square -foot sports museum as an integral part of a new retractable- roofed NFL stadium, park, and entertainment complex proposed for Buffalo's Outer Harbor waterfront, an area adjacent to the city's central business and sports districts. The $1.4 billion project has been developed by the Greater Buffalo Sports and Entertainment Complex LLC, which has retained HKS, Inc. of Dallas, a leading global sports and entertainment design team to plan and manage the overall project. In addition to the stadium, the museum would be one of two principal anchors in the proposed complex, which might also include a hotel, restaurants, and retail. According to G. Rollie Adams, president and CEO of The Strong, "There is no museum anywhere like the one we are proposing, and it would add a dynamic new economic and cultural dimension to Buffalo and the entire international Toronto - Buffalo- Rochester region and beyond. As envisioned, the museum would combine engaging, hands -on experiences; historical artifacts, memorabilia, and collections; permanent and rotating exhibits; special events; school and other education programs; and community outreach activities." The North American Museum of Sports and Culture would: -Be unique in the United States and Canada, and high in entertainment value; -Focus on sports, play, competition, and character; -Include all sports of the region - -from football and hockey to fishing and boating and everything in between - -and players of all ages, from amateurs to professionals; • Highlight the relationship between sports, art, science, and culture; • Consider the impact of sports on health and fitness; -Be open year -round but operate compatibly with game days and special events; -Offer highly interactive exhibits, activities, and experiences for all ages; -Provide educational experiences and resources for students, teachers, and schools; -Attract tourists from throughout New York, adjacent states and provinces, and beyond. The North American Museum of Sports and Culture would also provide further opportunity to advance The Strong's fundamental mission to study, explore, and enhance understanding of the critical role of play in human development and ways in which play reflects and shapes society. The Strong would not be providing capital for this project and expects that if the proposal moves forward, the museum would be essentially self - supporting through admission and program fees, memberships, and other standard and non - standard museum revenue - generating means to be determined. The museum would be managed and operated by a Buffalo -based staff that is part of and knowledgeable about Buffalo and its surroundings and functions under the overall auspices of The Strong from its Rochester headquarters. No formal agreement is yet in place between the developers and The Strong. Says Adams, "Details and formal arrangements depend upon a variety of factors that remain to be worked out and approved. However, the possibilities are exciting and we are confident that such a museum would succeed in dynamic fashion." Says Adams about his vision for the proposed project: "Imagine your favorite sport in Western New York, the northeastern United States, and southern Canada and what you'd like to see, learn, and experience about it and this museum will have it!" REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 47 P. WOLF- SUGGESTIONS TO FOLLOWING CITY CHARTER Paul Wolf <paulwolf2 @gmail.com> Tuesday, October 23, 2012 1:53 AM Council Meeting Agenda Resolution Regarding Quarterly Meetings.doc; Resolution Regarding Annual Management Plan.doc; Resolution Regarding Performance Evaluation For City Employees.doc I would appreciate if you could file this item along with the three attached draft Resolutions as part of the next meeting agenda for the Council. My hope is that someone on the Council will be interested in addressing these important Charter items and they will take the initiative to sponsor one or all of the attached Resolutions. Paul Wolf www.reinventinagov.org Item available for review in The City Clerk's Office RECEIVED AND FILED PETITIONS NO. 48 M. WAKABONGO, OWNER, USE 838 NIAGARA- ESTABLISH A RETAIL STORE (NIA)(HRG 11/7) REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE ZONING BOARD OF APPEALS NO. 49 A. ERSING, USE 1854 HERTEL AKA 1862B HERTEL -TO CONTINUE EXISTING USE WITH CHANGE OF OWNERSHIP IN THE HERTEL AVE SPECIAL ZONING DISTRICT (UNIV)(HRG 11/7) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 50 M. FADALE, AGENT, USE 1113 LOVEJOY FOR A POLE SIGN (LOV)(NO HRG) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 51 P. MORAN, OWNER, USE 212 GRANT AKA 220 GRANT FOR OUTDOOR CAFE ON CITY ROW (NIA)(NO HRG) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 52 A. BUTT & O- PETITION FOR SIDEWALK REPAIRS WOLTZ AVENUE Sir, My name is Anjum Butt. I live at 316 Woltz Ave, Buffalo, NY 14211 with my wife and two children. Nine year old boy and five year old girl. Our street block is between Walden Ave and Sycamore Street. My children including many others who live in the same block, who plays outside every evening. They mostly ride their bikes /scooters on sidewalk, but since sidewalk on both side of street are mostly in broken and bumpy. A lot of time they trip on their bikes and scooters because of uneven and bumpy sidewalks. Sometimes they start going on the street out of frustration, because they do not walk to fall again and again. Which is also dangerous since there is traffic on the street. I highly urge counsel member to take care of sidewalks and have them fix as soon as possible. Since this is a matter of children safety. I am sending signature of the residents of this block along with several picture of the sidewalks which shows its condition. So you can see for yourself that these sidewalk needs an immediate attention. So our children can safely ride their bikes and scooter on sidewalks and not on the street. Recently I have seen a lot of streets are being fixed in this area. Last week I saw sidewalks being repaired on Reed Street. Which is few blocks from our street. They did a very good job fixing sidewalks and driveways of the full block between Sycamore street and Broadway. I also included one picture of Reed street which shows new sidewalk and driveway. I expect the same for our black too. Residents of our block will really appreciate and be grateful of you if you can take care of this matter. Sidewalks on both side of the street needs to be fixed, although sidewalk on odd side of the street is in better shape then even side. Even side is the one which is in worst shape. Most of the included pictures are of even side. One thing I noticed and many residents verified that when homes are demolished for any reason. Those heavy demolition trucks breaks sidewalk as they go in and out. And this is also the case in most of the broken sidewalks here which is clearly visible in pictures. Feel Free to Contact. Thank you Anjum Butt 316 Woltz Ave Buffalo, NY 14211 REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT AND THE COMMISSIONER OF PUBLIC WORKS PARKS AND STREETS NO. 53 L. SIMONE & O- PETITION TO BUILD DOWNTOWN STADIUM We, the citizens of Western new York, support the construction of a Downtown Stadium. Ralph Wilson Stadium is 40 years old. Lacking permanent HD wiring and inadequate technologies. As a result, the current stadium cannot support NFL broadcasts or national telecasts. New stadium cost construction estimated at $720 Million vs. stadium renovation estimated at $300 Million. Relocation to a downtown area can have a gross economic impact of $2.25 Billion. The expansion of the hospitality and tourism industry, creation of jobs, with new hotels, restaurants, shops, boutiques and cultural attractions will increase revenue and opportunities for local entrepreneurs. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT REGULAR COMMITTEES CIVIL SERVICE (BONNIE E. RUSSELL, CHAIRPERSON) NO. 54 APPOINT HEAVY EQUIPMENT OPERATOR(PROV)(MAX)(COOLEY)(PW) CCP #17, 10/16 Mrs. Russell moved That Communication 17 of October 16, 2012, be received and Filed and that the Provisional appointment of Sean Cooley, 1000 Reserve Road, Buffalo, NY 14224 at the Maximum Salary of $40,353.00 is hereby approved PASSED AYES- 9 NOES- 0 NO. 55 NOTICES OF APPOINTMENTS - TEMP /PROV /PERM CCP #36, 10/16 Mrs. Russell moved That the above item be the same and hereby is Received and Filed ADOPTED LEGISLATION (DARIUS G. PRIDGEN, CHAIRMAN) NO. 56 I. KARANOVIC, OWNER, USE 1946 CLINTON FOR A SECOND HAND DEALER (LOV)(EDPIS) (ITEM NO. 49, C.C.P., OCT. 16, 2012) That the above item be, and the same hereby is returned to the Common Council with a recommendation for approval; Mr. Pridgen moved: That pursuant to Section 511 -28 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 I. Karanovic, Owner, for the property located at 1946 Clinton Street is hereby approved. PASSED AYES 9, NOES 0 NO. 57 D. MIKA, AGENT, USE 641 HERTEL TO ERECT A GROUND SIGN (NORTH) (DPIS) (ITEM NO. 50, C.C.P., OCT. 16, 2012) That the above item be, and the same hereby is returned to the Common Council with a recommendation for approval; Mr. Pridgen moved: That the application of D. Mika, Agent, to erect a 3' X 6' X 6' high ground sign on the grassy area in the front of a City -owned parking lot accessory to the "Cantalician Center" is hereby approved. PASSED AYES 9, NOES 0 NO. 58 REPORT OF SALE - 128 GENESEE (ELL) (STRAT PLAN) (ITEM NO. 8, C.C.P., OCT. 16, 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 offer from Mr. Rocco Termini, on behalf of Signature Development, 391 Washington Street, Buffalo, New York, in the amount of Two Thousand Dollars ($2,000.00) for the purchase of 128 Genesee, 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. 59 FOOD STORE LICENSE (NEW) - 224 VIRGINIA STREET (ELL)(EDPI) (ITEM NO. 21, C.C.P., OCT. 16, 2012) That the above item be, and the same hereby is returned to the Common Council with a recommendation for approval; Mr. Pridgen 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 Aisha Rodriguez d /b /a Virginia Food Market, Inc. located at 224 Virginia Street. PASSED AYES 9, NOES 0 NO. 60 LODGING HOUSE LICENSE - 391 WASHINGTON (ELL)(EDPI) (COMM. NO. 22, C.C.P., OCT. 16, 2012) That the above item 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 of Buffalo Ordinances, the Commissioner of Economic Development, Permit and Inspections Services be, and he hereby is authorized to grant a Lodging House License to William Casale d /b /a The Tap Room at the Lafayette located at 391 Washington. PASSED AYES 9, NOES 0 NO. 61 APPLICATION FOR RESTRICTED USE PERMIT DOWNTOWN ENTERTAINMENT REVIEW DISTRICT - 79 W. CHIPPEWA (10/26/12)(CTY CLK) (C.C.P #28, OCT 16) Mr. Pridgen now moves that the above item be Received and Filed. ADOPTED NO. 62 APPLICATION FOR RESTRICTED USE PERMIT DOWNTOWN ENTERTAINMENT REVIEW DISTRICT - 79 W. CHIPPEWA (10/27/12)(CTY CLK) (C.C.P #29, OCT 16) Mr. Pridgen now moves that the above item be Received and Filed. ADOPTED NO. 63 E.J. GOBBONS, AGENT, USE 420 HOPKINS TO ERECT 2 & 3 STORY FRAME SENIOR APT BLDG (SOUTH)(HRG 10/9) (C.C.P #49, OCT 2) Mr. Pridgen now moves that the above item be Received and Filed. ADOPTED NO. 64 R. HASENTAB- REGARDING CITY OF BUFFALO TOWING (C.C.P #60, JUNE 26) Mr. Pridgen now moves that the above item be Received and Filed. ADOPTED NO. 65 FREESTANDING SIGN- 1231 DELAWARE (ELL) (EDPIS) (ITEM NO. 119, C.C.P., SEPT. 4, 2012) That the above item be, and the same hereby is, returned to the Common Council with a recommendation for approval; Mr. Pridgen moved: That pursuant to Section 511 -20 B of the City Charter, the application of D. Mika, Agent, to erect a ground sign to the front yard of a 2.5 story hereby approved. PASSED AYES 9, NOES 0 NO. 66 FOOD STORE LICENSE (NEW) - 271 LUDINGTON (LOV)(EDPI) (REM NO. 133, C.C.P., SEPT. 4, 2012) That the above item be, and the same hereby is returned to the Common Council with a recommendation for approval; Mr. Pridgen moved: That the above item be RECOMMITTED to the Committee on Legislation ADOPTED NO. 67 J. QUINN -INFO RE ECC CENTER FOR ACADEMIC EXCELLENCE (C.C.P #44, JUNE 14) Mr. Pridgen now moves that the above item be Received and Filed. ADOPTED NO. 68 J. QUINN -ECC "CENTER OF EXCELLENCE" PROPOSAL (C.C.P #51, MAY 17) Mr. Pridgen now moves that the above item be Received and Filed. ADOPTED RESOLUTIONS NO. 69 BY: COUNCIL PRESIDENT FONTANA WAIVER OF PERMIT FEES FOR 2012 ANNUAL LOVEJOY HALLOWEEN PARADE Whereas: Each year Halloween festivities including decorating, get - togethers, and trick -or- treating are famously celebrated in the Lovejoy neighborhood; and Whereas: The Annual Lovejoy Halloween Parade is an exciting event in which children and families participate in a costume contest, costumed parade through the neighborhood, and a Halloween party at the Hennepin Community Center; and Whereas: Each year the parade is held in honor of Fran Bakos, a beloved community member and supporter; and Whereas: The parade is organized by members of the community as a free event in order to provide no -cost family friendly entertainment and community building festivities for the residents of Lovejoy; and Whereas: Due to the scale of the event, organizers are required to file permits through the City of Buffalo Office of Special Events and the Department of Public Works Parks Division which carry associated fees and costs; and Whereas: Because the parade does not generate any revenue, the hefty burden of cost of the parade falls on the volunteer community organizers. Now, Therefore, Be It Resolved: That the Common Council hereby requests that the Office of Special Events and the Department of Public Works, Parks Division waive any and all permit and application fees associated with the 2012 Annual Lovejoy Halloween Parade. Be It Further Resolved: That a copy of this resolution be sent to Ms. Kimberly Trent of OSE and Ms. Arlene Mustafa of DPW- Parks, ADOPTED NO. 70 COUNCIL PRESIDENT AND LOVEJOY DISTRICT COUNCIL MEMBER RICHARD A. FONTANA, PRESIDENT PRO TEMPORE AND UNIVERSITY DISTRICT COUNCIL MEMBER BONNIE E. RUSSELL AND MAJORITY LEADER AND MASTEN DISTRICT COUNCIL MEMBER DEMONE. A. SMITH CITY OF BUFFALO UNANIMOUS SUPPORT OF NATIONAL BREAST CANCER MONTH Whereas: The National Breast Cancer Awareness Month program is dedicated to increasing public knowledge about the importance of early detection of breast cancer. The initiative began in 1985 when AstraZeneca, a pharmaceutical company, engaged in heavy advertising and grassroots promotion of the importance of early breast cancer detection naming October as National Breast Cancer Awareness Month in the process; and Whereas: From the 1940s until the 1980s, the rate of new cases of breast cancer (called incidence) in the U.S. increased by a little over one percent a year. In the 1980s, incidence rose (possibly due to early detection rising from the efforts of National Breast Cancer Awareness Month) dramatically then leveled off during the 1990s. As mammography screening rates have increased, more cases of breast cancer have been found at earlier stages, when they are most easily and successfully treated. During the 1980s and 1990s, diagnoses of early -stage breast cancer increased greatly. Since the late 1990s, these rates have remained steady. At the same time, diagnoses of advanced stage breast cancer have remained stable or dropped slightly; and Whereas: According to the National Cancer Institute, one in eight women will be diagnosed with breast cancer this year. When breast cancer is detected early (localized stage), the 5 -year survival rate is 98 %. Over 30% of women are diagnosed after breast cancer has spread beyond the localized stage; and Whereas: An early Detection Plan for Breast Cancer helps women to be proactive about their health by reminding them to perform routine breast self- exams, and to schedule clinical breast exams and mammograms, depending on their age and health history. Since National Breast Cancer Awareness Month began in 1985, mammography rates have more than doubled for women age 50 and older and breast cancer deaths have declined. Now, Therefore, Be It Resolved: That the Common Council of the City of Buffalo would like to thank everyone that went pink during the month of October. All of the efforts to raise awareness, and educate about the importance of early detection are greatly appreciated. The Common Council is united in its support for increasing breast cancer awareness, recognizing the struggle of breast cancer survivors and their families as well as honoring those who have lost their battle with breast cancer. ADOPTED NO. 71 SPONSORED BY:MR. DARIUS G. PRIDGEN, ELLICOTT DISTRICT COUNCIL MEMBER RECOGNITION OF UPCOMING EVENTS; THE VETERANS DAY PARADE AND 2013 NATIONAL VETERANS GOLDEN AGE GAMES Whereas: Veterans Affairs Western New York Healthcare System serves Veterans' health care needs across Western New York; and Whereas: Veterans will be honored at the Veterans Day Ceremony at Veterans Affairs New York Healthcare System on Friday, November 9, 2012; and Whereas: The Veterans Day Parade will be held on Saturday, November 10, 2012 at 11 a.m. at Delaware Avenue and West Tupper Street and end at City Hall in Buffalo; and Whereas: All Veterans are recognized on Veterans Day, Sunday, November 11, 2012; and Whereas: Army Sergeant Michael Lindhurst, a Vietnam Veteran will be representing Veterans for Veterans Day and is a participant in the 2013 National Veterans Golden Age Games to be held May 30 -June 4, 2013 in the City of Buffalo; and Whereas: The 27 National Veterans Golden Age Games is a National Adaptive Sporting event which will attract Veterans and their families from across the country; and Whereas: The National Veterans Golden Age Games is open to all Veterans age 55 and older, and feature Olympic Style events. Now, Therefore Be It Resolved: The Buffalo Common Council acknowledges Veterans who have served our country and will do all in its power and means to assist with awareness and support of the National Veterans Golden Age Games; and Be It Further Resolved: That the Buffalo Common Council waives all fees associated with the Veterans Day Parade. PASSED AYES 9, NOES 0 NO. 72 BY: COUNCILMEMBER RIVERA WAIVER OF FEES FOR PEOPLE UNITED FOR SUSTAINABLE HOUSING'S "FUEL THE 99% - THE GREAT DISCONNECT II" Whereas, People United for Sustainable Housing ( "PUSH ") is a non - profit committed to engaging residents of Buffalo in promoting social justice by working with municipalities and corporations on greater community investment; and Whereas, PUSH strives for this goal through public education and organizing of residents to ensure all communities are receiving proper service and investment; and Whereas, on Monday, November 19, 2012, PUSH will hold an event "'Fuel the 99% - The Great Disconnect II" where participants will gather at Main Street and Mohawk Place for a rally focusing on the Home Energy Assistance Program ( "HEAP "); and Whereas, the purpose of this event is to encourage eligible residents to sign up for HEAP and provide support for those who are in line waiting to sign up by providing entertainment, refreshments, bathrooms, and warming stations; and Whereas, the event will last from 8am -5pm and will include the use of a concert stage, portable bathrooms, tables, chairs, and tents. Now, Therefore, Be It Resolved, the Common Council approves the waiving of the Special Events permit fee associated with this event; and Be It Finally Resolved, the City Clerk is directed to send a copy of this resolution to the Special Events Office. PASSED AYES 9, NOES 0 NO. 73 BY: MS. RUSSELL BUDGET AND PERSONNEL AMENDMENT 04- AUDIT & CONTROL 1043 - ACCOUNTING 1042 -AUDIT The Common Council of the City Of Buffalo does ordain as follows: That part of Section 1 of Chapter 35 of the Code of the City of Buffalo, relating to 04- Audit & Control, 1043 - Accounting and 1042 - Audit, which currently read: 04 - Audit & Control - 1043 2 Associate Accountant $ 45,358 - $ 52,585 Is hereby amended to read: 1 Financial Operations Administrator $ 55,923 - $ 65,398 1 Associate Accountant $ 45,358 - $ 52,585 04- Audit - 1042 Is hereby amended with the addition: 1 HUD Grants Fiscal Administrator $ 55,923 - $ 65,398 1 Senior Auditor $ 44,790 - $ 50,398 1 Assistant Auditor $ 38,751 - $ 44,375 It is hereby certified, pursuant to Section 3 -19 of the Charter, that the immediate passage of the foregoing ordinance is necessary. IT IS HEREBY CERTIFIED, that a personnel requisition incident to the creation of the above - mentioned position, containing a statement of the duties for such position, has been filed with the Municipal Civil Service Commission, and said Commission has approved and certified the position title set forth in the foregoing ordinance as being the appropriate Civil Service title for the proposed position BYRON W. BROWN, MAYOR, MARK J.F. SCHROEDER, COMPTROLLER AND DONNA J. ESTRICH, DIRECTOR OF BUDGET, ADMINISTRATION AND FINANCE, hereby certify that the above change is necessary for the proper conduct, administration and performance of essential services of that department. We recommend that the compensation for said position be fixed at the respective amount set forth in the foregoing ordinance. Byron W. Brown Mark J. F. Schroeder Mayor Comptroller Donna J. Estrich Director of Budget, Administration and Finance PASSED AYES 9. NOES 0 NO. 74 BY: BONNIE RUSSELL, UNIVERSITY DISTRICT COUNCILMEMBER LIQUOR AUTHORITY Whereas: Chapter 478 of the Laws of 1934, known as the Alcoholic Beverage Control Law, created the State Liquor Authority and the Division of Alcoholic Beverage Control. The Legislature enacted this measure "for the protection, health, welfare and safety of the people of the State; and Whereas: The New York State Liquor Authority (SLA) and its agency arm, the Division of Alcoholic Beverage Control (ABC), were established under New York State Law in 1934 to "regulate and control the manufacture and distribution within the state of alcoholic beverages for the purpose of fostering and promoting temperance in their consumption and respect for and obedience to law." The SLA is also authorized by statute to "determine whether public convenience and advantage will be promoted by the issuance of licenses to traffic in alcoholic beverages ... and to carry out the increase or decrease in the number thereof and the location of premises licensed ... in the public interest;" and Whereas: The Authority has made provisions to make the renewal and granting process of licenses transparent by providing important information on its website http: / /www.sla.ny.gov /agency- regarding pending licenses, violations, fines, complaints, as well as the ability to view live proceeding of its deliberations to inform the community; and Whereas: The Authority no longer provides the 30 day notice and places the responsibility on the applicant to have his /her application stamped certified by the City Clerk or designated authority and directs the subscriber to provide such documentation to the state upon completion for final certification to begin the process of licensing renewal; and Whereas: The Liquor Authority is broken up into three zones throughout New York State with Zone 1 covering New York City, Zone 2 Albany and Zone 3- Buffalo in which the Deputy Director David Edmonds serves as the conduit to hear issues pertinent to the City of Buffalo at David.Edmonds @. sla.ny.gov ; and Now Therefore Be It Resolved; That the City of Buffalo Common Council requests that all Liquor Licenses applications and renewals are stamped certified by the Buffalo City Clerk as appropriate with a copy of said notice being forwarded to the District Council Member for comments if any; said comments to be forwarded by Council Staff to Authority within 5 business days of receipt with appropriate follow -up and response with final disposition and notification informing district Council member; ADOPTED NO. 75 SPONSOR: BONNIE E. RUSSELL REINSTITUTE A DELI TASK FORCE WHEREAS, In1996, the Common Council adopted a resolution in response to residential concerns about problems involving illegal activities and having generally unsanitary conditions occurring in and near local delicatessens and food stores. The resolution requested the New York State Liquor Authority and the New York State Lottery Commission to develop a process and procedure to receive and investigate individual complaints about establishments that have liquor and lottery licenses, and to penalize establishments which allow illegal activities to take places on their premises; and WHEREAS, In response to these concerns, as well as the knowledge that a number of neighborhood delicatessens had opened without obtaining the proper Change of Use or Building permit, a Deli Task Force was created. The Deli Task Force was comprised of Federal, State, County and local agencies; and WHEREAS, The Deli task Force included representation from the Buffalo Police Department, US Immigration & Naturalization Service, US Department of Agriculture, US Attorney's Office, NYS Department of Taxation & Finance, NYS Department of Agriculture & Markets, NYS Liquor Authority & Alcohol Control Board, EC District Attorney, EC Health Department, City Corporation Counsel, City Department of Community Development, and City Division of Inspections, Licenses & Permit; and WHEREAS, The Deli Task Force embarked on a Pilot Program focusing on stores primarily located in the Fillmore District and inspections of over ten establishments resulted in the seizure of illegal weapons, drug paraphernalia, untaxed cigarettes, illegal fireworks, contaminated food stuff and the arrest of a number of illegal immigrants. Due to the perceived success of the Deli Task Force, its area of operations expanded to the Masten District then the Ellicott District; and WHEREAS, A resolution was subsequently filed later in 1996 requesting the Corporation Counsel to draft legislation aimed at licensing and requiring a Certificate of Use to be issued by the City of Buffalo for delicatessens operating within city limits and in this manner, providing the City with more control over the opening of delicatessens, their operation and maintenance; and WHEREAS, In 1997, the Law Department presented to the Common Council a draft model of the "Dell Licensing Ordinance," which was not enacted in that form, but ultimately influenced the City of Buffalo's Food Store Licensing Ordinance (Charter & Code Chapter 194); and WHEREAS, Within a few months of its origination, the Deli Task Force became defunct due to staffing problems, contractual issues and legal issues on the part of the Buffalo Police Department. The Common Council has attempted to revive the Task Force and has had the assurance of the Police Department, that while many of those restrictions remain, they plan to assist with the reimplementation of a Deli Task Force; and WHEREAS, A newly reinstituted Dell Task Force will be charged with the duty to draft /propose legislation to be presented to the Common Council for approval that creates a Delicatessen Licensing Review Board to oversee the issuance of delicatessen licenses, to hear violations, to revoke licenses, to decide appeals that are filed, and other such functions as referenced in the City Charter and Code Chapter 194, Food Stores; and, WHEREAS, That this new Deli Task Force consider the need for, and make recommendations concerning an amendment to the City Charter and Code to include the legislative intent of the Delicatessen Licensing Review Board; the duties and powers of the Board; the specific qualifications of the members of the Board and the terms of appointment; the filing with the City Clerk its board meeting attendance and minutes of the meetings; and address the removal, vacancies and expenditures for the Board (City of Buffalo Charter and Code, Chapter 18 Boards and Commissions). NOW, THEREFORE, BE IT RESOLVED, That the Common Council of the City of Buffalo, New York, supports the re institution of a Deli Task Force to address the varied problems and issues involved in regulating delicatessens across the City of Buffalo; and BE IT FURTHER RESOLVED, That the Deli Task Force include representatives from a number of city departments, with their various viewpoints, responsibilities and challenges in overseeing deli stores, to be as follows: Member(s) of the Common Council, Department of Permit and Inspection Services, the Buffalo Police Department and the Law Department; and BE IT FURTHER RESOLVED, That a copy of this resolution be forwarded to James Comerford, Commissioner of Permit and Inspections Services; Patrick Sole, Jr., Director of Permit and Inspection Services; Daniel Derenda, Commissioner of Buffalo Police Department; and Timothy Ball, Corporation Counsel; and BE IT FINALLY RESOLVED, That the Common Council directs each department representative stated above to brief this Honorable Body, by filing a response with the City Clerk, as well as appearing before the Common Council for question and comment. ADOPTED NO. 76 BY: MR. SCANLON INCREASED APPROPRIATION AUDIT & CONTROL That pursuant to Section §20 -12 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the appropriation in the budget for the current fiscal year for Appropriation Allotment; 10402001- 411001 Audit & Control - Salaries be and the same are hereby increased in the sum of $149,262 That the comptroller be and hereby is authorized and directed to transfer the sum of $149,262 from the 10700096 - 331000 - Federal Grant Revenues to meet this increased appropriation as set forth below: From: 10700010 - 331000 Federal Grant Revenues $ 149,262 To: 10402001 - 411001 Audit & Control — Salaries $ 149,262 PASSED AYES 9, NOES 0 NO. 77 BY: DEMONE A SMITH APPOINTMENTS COMMISSIONER OF DEEDS That the following person(s) are hereby appointed as Commissioner of Deeds for the term ending December 31, 2012, conditional, upon the person so appointed certifying under oath to their qualifications and filing same with the City Clerk: Sharon L. Williams TOTAL:1 ADOPTED No. 78 ANNOUNCEMENT OF COMMITTEE MEETINGS The following meetings are scheduled. All meetings are held in the Common Council Chambers, 13 floor City Hall, Buffalo, New York, unless otherwise noted. Regular Committees Committee on Civil Service Wednesday, November 7, 2012 at 9:45 o'clock A.M. Committee on Finance Wednesday, November 7, 2012 at 10:00 o'clock A.M. following Civil Service Committee on Comm. Dev. Wednesday, November 7, 2012 at 1:00 o'clock P.M. Committee on Legislation Wednesday, November 7, 2012 at 2:00 o'clock P.M. Special Committees Special Committee on Education Tuesday, October 30, 2012 at 6:00 o'clock PM (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. 79 ADJOURNMENT On a motion by Mr. Smith, Seconded by Mrs. Russell, the Council adjourned at 3:29 PM GERALD CHWALINSKI CITY CLERK Oct 30, 2012