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Home My WebLink About12-1211NO. 23 PROCEEDINGS OF THE CITY OF BUFFALO DECEMBER 11, 2012 MAYOR Hon. Byron W. Brown COMPTROLLER Mark J. F. Schroeder COMMON COUNCIL PRESIDENT OF THE COUNCIL LOVEJOY DISTRICT RICHARD A. FONTANA PRESIDENT PRO TEMPORE UNIVERSITY DISTRICT BONNIE E. RUSSELL MAJORITY LEADER MASTEN DISTRICT DEMONE A. SMITH DISTRICT COUNCIL MEMBERS DAVID A FRANCZYK - FILLMORE JOSEPH GOLOMBEK JR. — NORTH CHRISTOPHER P. SCANLON -SOUTH MICHAEL J. LO CURTO — DELAWARE DARIUS PRIDGEN - ELLICOTT DAVID A. RIVERA- NIAGARA REGULAR COMMITTEES CIVIL SERVICE COMMITTEE: Bonnie E. Russell Chairman, David A. Franczyk, Christopher P. Scanlon, Demone A. Smith- Members CLAIMS COMMITTEE: David A. Rivera Chairman, Joseph Golombek, Jr., Michael J. LoCurto, Bonnie E. Russell - Members COMMUNITY DEVELOPMENT COMMITTEE: Joseph Golombek, Jr., Michael J. LoCurto, Darius G. Pridgen, David A. Rivera, Bonnie E. Russell - Members FINANCE COMMITTEE: Christopher P. Scanlon, Chairman, Michael J. LoCurto, Darius G. Pridgen, Bonnie E. Russell, Demone A. Smith - Members. LEGISLATION COMMITTEE: Darius G. Pridgen, Chairman, David A. Franczyk, Joseph Golombek, Jr., David A. Rivera, Demone A. Smith, - Members. RULES COMMITTEE: Richard A. Fontana, Chairman, Bonnie E. Russell, Demone A. Smith - Members SPECIAL COMMITTEES BUDGET COMMITTEE: Demone A. Smith, Chairman, Joseph Golombek, Jr., Christopher P. Scanlon, Darius G. Pridgen, David A. Rivera - Members EDUCATION COMMITTEE: Demone Smith, Chairman, Joseph Golombek, Jr., Christopher P. Scanlon, Darius Pridgen - Members MINORITY BUSINESS ENTERPRISE COMMITTEE: Demone Smith Chairman, Joseph Golombek Jr., David A. Rivera, Bonnie E. Russell — Members POLICE OVERSIGHT: Joseph Golombek, Jr., Chairman, David A Franczyk, David A. Rivera, Bonnie E. Russell — Members PUBLIC TRANSPORTATION: Chairman, Christopher P. Scanlon, Michael J. LoCurto, David A. Rivera, Bonnie E. Russell- Members WATERFRONT DEVELOPMENT COMMITTEE: Chairman, Christopher P. Scanlon, David A. Franczyk, Joseph Golombek, Jr., Demone A. Smith - Members INVOCATION PLEDGE TO FLAG MAYOR MAYOR - EXECUTIVE DATE Dec 11, 2012 FINAL PETITIONS 47- 44. M. Tran, Owner, Use 3396 Bailey, for a Restaurant in a 1. Cit Serv- Submission of Monthly Report -Nov 2012 R &F 2. Plan Bd -SEQR- Negative Declaration -245 Lafayette Ave(Nia) R &F 3. Plan Bd -SEQR- Negative Declaration -500 Seneca St(Fill) R &F 4. Plan Bd -SEQR- Negative Declaration -154 S. Ogden St(Lov) R &F 5. Strat Plan -City Employees or Relatives Who Are seeking a Rehab Loan or Other Federally Funded Assistance - Conflict of Interest Disclosure CS 6. Strat Plan- Designate the BMHA as Developer for Various Properties APP 7. Strat Plan- Designate Bflo Neighborhood Stabilization Co, Inc Developer Various Properties APP 8. Strat Plan- Report of Sale -146 Bradly(North) APP 9. Strat Plan- Report of Sale -607 Grant(North) APP 10. Strat Plan -Req Auth COB to Apply and Except Grant Funds Empire State Dev APP COMPTROLLER 11- 10A Certificate of Necessity - Employment & Training R &F 12- 11. First Quarter Gap Sheets Report 2012 -2013 R &F ASSESSMENT 13- 12. Request Approval of Certificate of Adjusted Base Proportions -2012 Roll APP 14- 13. Request Approval of Certificate of Current Base Proportions -2012 Roll APP PUBLIC WORKS 15- 14. Change in Contract -JB Wiley Sports Complex Renovations(Ell) APP 16- 15. Change in Contract - LaSalle Park Concession Bldg Improvements APP 17- 16. Report of Bids -Rehab of No 4 Pump and Motor at Massachusetts Station APP 18- 17. Report of Bids -Bflo Niagara Medical Campus Ph 2(Ellicott Gateway Proj) APP 19- 18. Appoint Administrative Assistant(Perm)(Inter)(Mullen) CS 20- 19. Appoint Equipment Operator (Prov)(Inter)(Wachowiak) CS FIRE 21- 20. Purchase Five(5) Command Vehicles- Action /Scrap Vehicles APP 22- 21. Purchase One(1) Technical Search and Rescue Vehicle Action /Scrap Vehicle APP 23- 22. Request Perm to Remove W -214 2004 Chev Pickup from Inventory APP PERMITS AND INSPECTIONS 24- 23. Food Store License(New) -3428 Bailey(Univ) LEG 25- 24. Food Store License(New) -384 Connecticut(Nia) APP 26- 25. Food Store License(New) -2101 Elmwood(North) APP 27- 26. Food Store License(New) -896 Niagara(Nia) APP 28- 27. Food Store License(New) -584 Ontario(North) APP 29- 28. Garbage Collector License(New) 785 South Odgen(Lov) LEG 30- 29. Second Hand Dealer -1946 Clinton(Lov) APP 31- 30. Used Car Dealer -2140 Genesee St(Lov) LEG 32- 31. Used Car Dealer -1082 Kenmore(Del) LEG PARKING 33- 32. Bid Tabulation of Parking Lots APP COMMUNITY SERVICES 34- 32A Appoint Director of Workforce Employment & Training(Thompson) R &F CIVIL SERVICE COMMISSION 35- 33. Request to Enter Into Contract -EB Jacobs, LLC Firefighter Exam APP CITY CLERK 36- 33A Response & Complaint- Chicken License -330 Vermont St DENY 37- 34. Liquor License Applications R &F 38- 35. Reports of Attendance R &F 39- 36. Notices of Appointment - Seasonal R &F 40- 37. Notices of Appointments- Temp /Prov /Perm CS MISCELLANEOUS 41- 38. LP Ciminelli -Board Packet Documents - December 2012 ED 42- 39. M. LoCurto -A. McKinney- Testimony Re Living Wage CS 43- 40. Seneca Gaming Corp- Update Regarding Ongoing Bflo Creek Dev CD 44- 41. D. Smith - Concerns Bflo Public Schools and Title 1 Funding ED 45- 42. D. Valentine - Comingling at 75 W. Chippewa LEG 46- 43. P. Wolf - Article Re Need for A Procurement Policy Board R &F PETITIONS 47- 44. M. Tran, Owner, Use 3396 Bailey, for a Restaurant in a Special District(Univ)(hrg 12/18) LEG,CPBD 48- 45. M. Yuhnke, Owner, Use 244 Allen to Re- establish Restricted Use of a Take Our Restaurant and Patio(Fill)(hrg 12/18) LEG,CPBD 49- 46. A. Ali, Owner, Use 472 Main St for a Retail Store(EII)(hrg 12/18) LEG,CPBD RESOLUTIONS 59- 47. Fontana Waiver of Fees for St. Bernard's Church Handicap Access Ramp APP 60- 48. Fontana Waiver of 2013 Room Use Fees for the Weiss Street Block Club APP 61- 49. Fontana Waiver of Fees for 2012 -13 Lovejoy New Year's Eve Ball Drop APP 62- 50. LoCurto, etc Urging US Foreign Affairs Committee to Hold Hearings Related to Uganda's Anti - Homosexuality Bill's Anti - Homosexuality Bill ADOPT 63- 51. LoCurto Waiving Permit Fees for Buffalo Pond Hockey at Delaware Park APP 64- 52. Rivera Appointment of Sr Legislative Assistant(Nia)(Mulligan) ADOPT 65- 53. Scanlon Urge NYS DOT to Fast Track Skyway Plausibility Review ADOPT 66- 53A Scanlon Increased Appropriation - Employment & Training APP 67- 53B Smith Excuse Councilmember Scanlon From Dec11, 2012 Meeting ADOPT 68- 54. Smith Felicitation in Memoriam R &F 69- 55. Smith Comm of Deeds Public Duties ADOPT 70- 56. Smith Comm of Deeds ADOPT SUBMISSION LIST OF COMMITTEE ITEMS FOR THE COUNCIL MEETINGS CIVIL SERVICE 50- 1. Com 9 Nov 27 Appoint City Auditor(Exempt)(Kaufman)(Compt) R &F 51- 2. Com 17 Nov 27 Appoint Caulker Supervisor I(Perm)(Step V)(McManus)(PW) APP 52- 3. Com 27 Nov 27 Notices of Appointments- Temp /Prov /Perm(Cty Clk) R &F FINANCE 53- 4. Com 23 Nov 27 First Quarter Gap- 2012- 2013(A &F) R &F COMMUNITY DEVELOPMENT 54- 5. Com 8 Nov 27 Subrecipient Agmt Btwn COB & BURA for Admin and Mngt of COB Federal HOME Program(Strat Plan) APP 55- 6. Com 12 Nov 27 Little Library Program Stations Within City ROW(PW) APP LEGISLATION 56- 7. No 39 Nov 27 R. Franks, Agent, Use 1209 Delaware for a Pole Sign(EII)(hrg 12/04) APP W /COND 57- 8. No 36 Nov 27 M. LoCurto -Time Warner Faces Lawsuit Over Fee for Lease of Modem R &F EDUCATION 58- 9. No 43 Nov 13 LP Ciminelli -Board Packet Documents -Nov 2012 R &F CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO TUESDAY, DECEMBER 11, 2012 AT 2:00 P.M. Present — Richard A. Fontana, President of the Council, and Councilmembers: Franczyk, Golombek Jr., LoCurto, Pridgen, Rivera, Russell, Smith— 1 Absent — None- Scanlon, 1 On a motion by Mr. Smith, Seconded by Mrs. Russell, the minutes of the stated meeting held on November 13, 2012 were approved. At 2:10 PM Council President Fontana requested President Pro Tempore Bonnie Russell to Take over the meeting. FROM THE MAYOR FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE OFFICE OF CITIZEN SERVICES NO. 1 SUBMISSION OF MONTHLY REPORT NOVEMBER 2012 The Office of Mayor, Division of Citizen Services, hereby submits, for your Honorable Body's review and approval, the monthly reports for the Mayor's Call and Resolution Center for the month of November 2012, as mandated by Section 6 -20(c) of the City of Buffalo's City Charter. This monthly statistical report details the number and nature of inquiries, requests and complaints received. RECEIVED AND RLED FROM THE CITY PLANNING BOARD NO. 2 SEQRA NOTICE OF DETERMINATION NEGATIVE DECLARATION -245 LAFAYETTE AVE This notice is issued pursuant to Part 617 of the implementing regulations perPaining to Article 8 (SEAR -- State Environmental Quality Review) of the Environmental Conservation Law. Lead Agency:. City of Buffalo Planning Board Room 901, City Hall 65 Niagara Square Buffalo New York 14202 As per the provisions of SEAR, the Lead Agency has reviewed the following action as it relates to the environment: Action Title Saint Mary of Namur Location 245 Lafayette Avenue Type of Action Uncoordinated - Unlisted Description: Trautman Associates is proposing on behalf of the owner the construction of a building addition with parking located at 245 Lafayette Avenue Buffalo New York. The building addition will be a 151550 Square Foal addition to the existing Annunciation convent for the Sisters of Saint Mary of Namur. The new addition will replace the current single story assisted living center that is coated between the Convent and the St, Mary Center. The current assisted living . Center is insufficient for the Sisters needs. The first floor of the new addition will house nine (9) assisted living units, two (2) guest parlors, a new entrance /reception area and various support spaces. The second floor will house nine (9) living units for the Sisters as well as community /kitchenettes and activity spaces. The new addition will be fully handicap accessible and provide additional access to the existing convent with the installation of a centrally located handicap accessible elevator. Two internal landscaped courtyards will be constructed between the new addition and the existing St. Mary Center. The project will also include the interior renovation of the existing Annunciation Convent. The renovation work will include modification /improvements to the second and third floors in order to provide larger living units, additional bathrooms and a community /kitchenette space. Lighting, heating, plumbing, fire protection and electrical modifications /upgrades will be included in these renovations. The parking area accessible from Lafayette Avenue will be retained. This parking area will be modified in order to accommodate a new entrance to the facility as part of the addition. These modifications will include a reduction in the number of parking spaces, the reconfiguration of walkways, the construction of a handicap accessible entrance ramp and additional landscaped areas. In addition, a new parking area [s planned fop the rear of the property located directly south of the existing complex of buildings. The parking area will be accessible from an existing driveway from Auburn Street. The parking area will consist of a 24' wide drive from Auburn Street. The parking area will include of a 24' wide, one way drive with 25 parking spaces. Additional landscape space will be provided along the perimeter of the parking area. An automatic security gate will be provided at the entrance in order to secure the parking and facilities. The site plan has been reviewed by the Buffalo Fire Department and is overall in support of the plan. The budget for the project is 4,600,000 dollars and is privately funded. As a result of this Environmental Review, the Lead Agency has determined the undertaking of This action will not have a significant adverse affect on the quality of the environment. No further environmental review of this action will be conducted prior to project implementation and a Draft Environmental Impact Statement will not be prepared. Reasons Supporting This Determination: The facts and reasons for this decision are as follows: the new building will help the Sisters of Saint Mary Namur take care of their aging population of Sisters in a facility that meets all their needs. The identified potential negative impacts appear to be primarily short -term site preparation and construction related activities, and do not appear to be significant in magnitude or effect. There are no actions related to the construction of this project which will have a significant adverse impact on the environment. For further information relative to this Negative Declaration, contact Mr. Marlin Grunzweig, Land Use Controls Coordinator, Room 901 City Hall, Buffalo New York 14202 - 716 851 -5085 Dated: December 4, 2012 City Clerk RECEIVED AND FHLED NO. 3 SEQR- NOTICE OF DETERMINATION NON SIGNIFICANCE NEGATIVE DECLARATION This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (SEQR - State Environmental Quality Review) of the Environmental Conservation Law. Lead Agency: City of Buffalo Planning Board Room 901, City Hall 65 Niagara Square Buffalo New York 14202 As per the provisions of SEQR, the Lead Agency has reviewed the follow action as it relates to the environment: Action Title 500 Seneca LLC Location: 500 Seneca Street Type of Action: Type 1, Coordinated Description: Savarino Companies is proposing on behalf of 500 Seneca street LLC is proposing the renovation of a building with parking and landscaping on the property located at 500 Seneca Street Buffalo New York. 500 Seneca Street will see the historic renovation and adaptive reuse of a prominent piece of Buffalo's industrial heritage, transforming the former F.N. Burt Company factory into a mixed use development featuring over 310,000 Square Feet of space for Class A offices, retail, museum and flex space. The building will feature amenities such as a large multi- story inter or green atrium area, enclosed exterior courtyard, on site fitness center and car6. This project will bridge the downtown core with the developing Larkin District and should spur future development in the area 500 Seneca will also extend streetscape improvements for the Larkin District towards the Downtown core. The commercial space at 500 Seneca will feature loft -style finishes, large exterior windows and large floor plates and provide a location that win have quick access to the 1 -190 for both tenants and visitors. New parking areas will be provided to handle the new business located on site. The 500 Seneca Street project is in the Process of obtaining Federal and New York State tax credits for the project The building has demonstrable historical, architectural and cultural significance for the region and country as supported by the State Office of Parks, Recreation and Historic Preservation as well as the National Park Services. As a result of this Environmental Review, the Lead ,agency has determined the undertaking of This action will not have a significant adverse affect on the quality of the environment. NO further environmental review of this action will be conducted prior to project implementation and a Draft Environmental Impact Statement will not be prepared. Reasons Supporting This Determination: The facts and reasons for this decision are as follows: the renovated building will help bring a connection to the downtown core and the Larkin district that should allow for more growth in this area as well as provide new jobs including construction that will overall assist with the growth of our local economy. The identified potential negative impacts appear to be primarily short -term site preparation and construction related activities, and do not appear to be significant in magnitude or effect. There are no actions related to the construction of this project which will have a significant adverse impact on the environment. For further information relative to this Negative Declaration, contact Mr. Martin Grunzweig, Land Use Controls Coordinator, Room 901 City Hall, Buffalo New York 14202 - 716 851 -5085 Dated: December 4, 2012 RECEIVED AND FILED NO.4 STATE ENVIRONMENTAL QUALITY REVIEW ACT NEGATIVE DECLARATION NOTICE OF DETERMINATION OF NON - SIGNIFICANCE 154 S. OGDEN City of Buffalo Planning Board This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Conservation Law ( "ECL ") and 6 NYCRR Part 617 ( "SEQRA "). The City of Buffalo Planning Board, as lead agency, has completed a coordinated SEQRA review of the proposed project or action. The South Buffalo Charter School (the "Applicant ") proposes to construct a 139,000 gross square feet, two -story school building for the operation of a charter school for approximately 1325 students in kindergarten to 12 grades to be located on a 26.6 acre vacant parcel sited adjacent to the Buffalo River on the west side of South Ogden Street at 154 South Ogden Street in the City of Buffalo, New, New York (the "Project" or "Site "). The Project will proceed in two phases. The first phase will involve the construction of 99,000 gross square feet school building for 925 students and the second phase will involve the construction of a 40,000 gross square feet school addition to the initial building for 400 students. The Project will also include the construction of parking areas for 184 parking spaces for staff and visitors, a bus loop with a separate entrance, and three play fields to the rear of the property. As discussed below, the Planning Board has fully reviewed the Full Environmental Assessment Form (and all supporting information), identified all relevant areas of environmental concern noted, thoroughly analyzed the identified relevant areas of environmental concern that could have a significant adverse impact on the environment, and considered the criteria for a determination of significance set out in 6 NYCRR §617.7 in issuing this SEQRA determination of significance. The Planning Board has determined, after careful review and consideration, that the proposed action will not result in any large or important impacts and will not have any significant impacts on the environment and, as a result, issues this SEQRA negative declaration. Name of Action South Buffalo Charter School Location of Action 154 South Ogden Street Buffalo, New York (Erie County) SEQR Status: Type I Conditioned Negative Declaration: No RECEIVED AND FILED y:l6]LTilr9a=11115o]yy[d *o];&3I:IAIm 3[y »e1ki1ki110[c3 NO. 6 CITY EMPLOYEES OR RELATIVE(S) OF CITY EMPLOYEES WHO ARE SEEKING A REHAB LOAN OR OTHER FEDERALLY FUNDED FINANCIAL ASSISTANCE - CONFLICT OF INTEREST DISCLOSURES TRUE COMMUNITY DEVELOPMENT CORPORATION PROJECTS ENTER PRIOR COUNCIL REFERENCE (IF ANY): True Community Development Corporation (True CDC) and Belmont Housing Resources for WNY (as co- developer) are requesting $700,000 in federal HOME funding through the City of Buffalo and the Buffalo Urban Renewal Agency to support the True Bethel Townhomes project and the True Bethel Senior Residences. The Projects will provide for development of 80 units of affordable rental housing for low and moderate income families at a vacant city -owned site at 858 East Ferry and a former surface parking lot at 907 East Ferry. The total project cost for the Townhomes is $7,228,446.00 and the total project cost for the Senior Residences is $8,496,100. The New York State Department of Homes and Community Renewal is providing more than $6.87 million dollars through the Tax Credit and Housing Trust Fund programs for the Townhomes and the US Department of Housing and Urban Development is providing more than $6.6 Million dollars for the Senior Residences Project. In order to comply with the Public Disclosure requirements of the HOME Program regulations found at 24 CFR 92.356, the City of Buffalo hereby notes that the following current and former City of Buffalo employees are connected to the project by their relationship with the project co- developer, True CDC: Janice E. McCaster White, 84 Avery, Buffalo, New York, 14216. Ms. White was employed from January 1, 2011 through December 25, 2011 by the City of Buffalo as an intern to Councilmember Darius Pridgen. Ms. White now serves as the administrative assistant to the Pastor of Tree Bethel Baptist Church and as the Executive Director of True Community Development Corporation (True CDC). True CDC was established in 2002 by Darius G. Pridgen, who now represents the Ellicott District on the City of Buffalo Common Council. Councilmember Pridgen is the Senior Pastor of True Bethel Baptist Church but no longer holds any office and is not a board member of the CDC. However, as part of its commitment to provide economic growth opportunities for people in the community, True Bethel Baptist Church provides financial support to the CDC. The agency has recently been instrumental in the development of plans for the reuse of vacant sites on the east side of Buffalo. Otis T. Barker, 36Erskine, Buffalo, New York, 14215. Mr. Barker is employed by the City of Buffalo as Deputy Commissioner of Community Services. Mr. Barker is also an unpaid board member of True CDC. Antoinette Palmer, 142 Hedley, Buffalo, New York, 14208. Ms. Palmer is employed by the City of Buffalo as Director of Compensation and Benefits in the Department of Human Resources. Ms. Palmer is also an unpaid board member of True CDC. Corporation Counsel has determined that the provision of assistance through the HOME program would not be a violation of applicable state or local conflict of interest laws as applied to Ms. White, Mr. Barker or Ms. Palmer. Because Ms. White is considered to be a "covered person" under the HOME program conflict of interest regulations at 24 CFR 92.356 and, as Executive Director of the CDC, may receive a financial benefit from the proposed HOME - funded activity, the City will request approval of an exception to the HOME conflict of interest regulations from the U.S. Department of Housing and Urban Development. As unpaid Board members, Mr. Barker and Ms. Palmer will not receive a financial benefit from the proposed HOME - funded activity, and the City will not request approval of an exception to the HOME regulations unless otherwise so instructed by HUD. REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 6 DESIGNATE THE BUFFALO MUNICIPAL HOUSING AUTHORITY BMHA) AS DEVELOPER FOR THE ATTACHED LIST OF 24 CITY OWNED PROPERTIES AND 10 PROPERTIES OWNED BY BUFFALO NEIGHBORHOOD REVITALIZATION CORPORATION (BNRC) SEE ATTACHED LIST OF PROPERTIES ELLICOTT DISTRICT The Office of Strategic Planning, Division of Real Estate, has been informed that BMHA, 300 Perry Street, Buffalo, New York 14204, along with Norstar Development USA, LP., are in the process of applying for Low Income Housing Tax Credits ( LIHTC) for Phase III of the AD Price Development. The LIHTC application requires the applicants to demonstrate they have control of the sites they intend to develop. BMHA is, therefore, requesting to be named designated developer for the attached list of city owned and BNRC owned properties. AD Price Phase III is the third phase in the multi phase redevelopment undertaken by the BMHA. The project will continue to replace 198 original AD Price Extension units of family housing demolished by BMHA. Phase III will consist of 50 family units using the same building design as Phase I to maintain the continuity of the neighborhood. BMHA is proposing to build 6 one bedroom units, 16 two bedroom units, 11 three bedroom units and 17 four bedroom units. The units are designed to accommodate residents on the BMHA waiting list, which are currently approximately 2,100 family households. Total development costs for the third phase are estimated at $11.6 million. Phase III will be seeking funding assistance from NYS Homes and Community Renewal (HCR) soft loan $2,000,000; BMHA Replacement Housing Factor Funds loan from HUD $2,170,000; private equity raised through the sale of tax credits awarded by NYS HCR $7,108,992 and a private construction loan will be provided in the amount of $7,680,000. No capital or HOME funds are being requested from the City. A standard City /County PILOT will be requested. The BMHA will provide the project with a project based subsidy through HUD called "ACC" which make all 50 units affordable to those with incomes as low as 30% of the area median income. Similar to Phase I and Phase II, the project will be owned by a tax credit LLC with an affiliate of BMHA as the managing and controlling entity of this project. BMHA will also be the property manager. The fair market value of the 24city owned properties is estimated at $56,400 and the Value of the 10 BNRC properties are estimated at $21,400 for a total of $77,800. One of the lots to be utilized for this project is already owned by BMHA. The Office of Strategic Planning, Division of Real Estate, respectfully requests that Your Honorable Body designate the BMHA and or a corporation, partnership, or other legal entity to be designated by the BMHA as developer of the subject properties for a period of 24 months subject to the following conditions: a. Submission by the Developer of a detailed site plan for the subject properties and overall project for approval by the City of Buffalo Planning Board (if necessary) and construction plans, including landscaping and a breakdown of estimated total project costs, for review and approval by the City. b. Submission of a colored rendering of the properties suitable for presentation to the City Common Council which shall be submitted prior to the Common Council approval of a Land Disposition Agreement. c. Submission of monthly progress reports by the Developer to the Office of Strategic Planning, Division of Real Estate. d. Submission by the Developer of evidence of equity capital and mortgage financing necessary for the completion of the project which shall be submitted prior to closing. e, Payment of a designation fee of Five Hundred Dollars ($500) per month by Developer to the City, payable within five (5) days from the date of Common Council approval of the designation and due thereafter the first day of every month. In the event the Developer shall decide to move forward and take subsequent steps to formally acquire the properties pursuant to the Land Disposition Agreement (LDA) to be negotiated by Developer and the City, said designation fee shall be applied as a credit towards the purchase price. In the event Developer shall not proceed with the development of the properties within the designation period or in the event a mutually satisfactory LDS cannot be agreed upon, the Developer shall forfeit all fees paid on account and the City shall retain all such fees, and the Developer shall have no further rights with respect to the properties. f. Developer is responsible for performing any soil borings and soil investigations, and subject to prior execution and compliance with written Access, Indemnification and Insurance Agreement(s) between the City of Buffalo and each and every Contractor hired by the Developer that will access the properties, for the purpose of determining, to developer's satisfaction, the suitability of the site for its intended use, and the presence or absence of hazardous substances as such term is used in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended (C.E.R.C.L.A) 42 USC ss 9601 et seq.: The Hazardous Materials Transportation Act, as amended, 49 USC ss 1801 et seq.: The Resource Conservation and Recovery Act, as amended, 42 USC ss 6901 et seq.: Articles 15 and 27 of the New York State Environmental Conservation Law or any other federal, state, or local law, regulation, rule, ordinance, by -law, policy guidance, procedure, interpretation, decision, order, or directive, whether existing as of the date hereof, whether previously enforced or subsequently enacted. The Access Agreement(s) and evidence of insurance saving the City of Buffalo harmless from any and all liability must be approved as to form by the City of Buffalo's Corporation Counsel's Office and signed by the City of Buffalo prior to any and all contractors accessing the Properties. g. Developer, or entity to be designated by the Developer, agrees to sign a full Environmental Release and Indemnity Agreement releasing the City of Buffalo from any and all liability, said document to be in form and substance acceptable to the City in the City's sole discretion. h. The successful negotiation of a Land Disposition Agreement for approval by the Common Council shall be no later than 24 months from the date the Common Council approves the designation. i. Upon signing of LDA, there shall be a payment by the Developer to the City a non - refundable deposit, in the amount of ten percent (10 %) of the to be agreed upon purchase price. j. Individuals and or corporations having outstanding taxes, water bills, parking tickets, user fee and /or demolition liens or any other liens or debts owed to the City of Buffalo, or if code violations exist on any property owned by them are ineligible for designation. k. The City of Buffalo may terminate the designation should the Developer fail to meet any of the deadlines, terms and conditions set forth above. Should the City elect to terminate this designation on or before the end of the designation period for failure by the Developer to comply with the above conditions, the City will give written notice to the Developer via certified mail and allow the Developer 2 weeks to cure. I. The designation shall expire 24 months from the date the Common Council approves the designation. m. The designation and the LDA shall be subject to any and all other terms and conditions that the City of Buffalo Corporation Counsel's Office deems necessary. I am requesting that your Honorable Body approve the designation of Buffalo Municipal Housing Authority (BMHA) or an entity to be designated by BMHA as Developer upon the above terms and conditions; I am further requesting that Your Honorable Body authorize the Corporation Counsel's Office to prepare the necessary LDA for the conveyance of the properties to the Developer for the development of the Project in reference to the attached list of properties; and that the LDA be forwarded to the Common Council for final approval prior to the transfer of title. Mr. Smith moved: That the above item be, and the above communication from the Office of Strategic Planning, Division of Real Estate, dated December 4, 2012, be received and filed; That the Common Council hereby designates the Buffalo Municipal Housing Authority and /or a corporation, partnership, or other legal entity to be designated by the Buffalo Municipal Housing Authority as developer of the subject properties for a period of twenty -four (24) months subject to the following conditions: 1. That the Developer submits a detailed site plan for the subject properties and overall project for approval by the City of Buffalo Planning Board (if necessary) and construction plans, including landscaping and a breakdown of estimated total project costs, for review and approval by the City; 2. That the Developer submits a colored rendering of the properties suitable for presentation to the Common Council which shall be submitted prior to the Common Council approval of a Land Disposition Agreement; 3. That the Developer submits monthly progress reports to the Office of Strategic Planning, Division of Real Estate; 4. That the Developer submits evidence of equity capital and mortgage financing necessary for the completion of the project which shall be submitted prior to closing; 5. That the Developer shall pay a designation fee of Five Hundred Dollars ($500.00) per month to the City, payable within five (5) days from the date of Common Council approval of the designation and due thereafter the first day of every month. In the event the Developer shall decide to move forward and take subsequent steps to formally acquire the properties pursuant to the Land Disposition Agreement (LDA) to be negotiated by the Developer and the City, said designation fee shall be applied as a credit towards the purchase price. In the event Developer shall not proceed with the development of the properties within the designation period or in the event a mutually satisfactory Land Disposition Agreement cannot be agreed upon, the Developer shall forfeit all fees paid on account and the City shall retain all such fees, the Developer shall have no further rights with respect to the properties; 6. That the Developer is responsible for performing any soil borings and soil investigations, and subject to prior execution and compliance with written Access, Indemnification and Insurance Agreement(s) between the City of Buffalo and each and every Contractor hired by the Developer that will access the properties, for the purpose of determining, to the Developer's satisfaction, the suitability of the site for its intended use, and the presence or absence of hazardous substances as such term is used in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended (C.E.R.C.L.A.) 42 USA ss 9601 et seq., The Hazardous Materials Transportation Act, as amended, 49 USA ss 1801 et seq., The Resource Conservation and Recovery Act, as amended, 42 USC ss 6901 et seq., Articles 15 and 27 of the New York State Environmental Conservation Law or any other federal, state, or local law, regulation, rule, ordinance, by -law, policy, guidance, procedure, interpretation, decision, order, or directive, whether existing as of the date thereof, whether previously enforced or subsequently enacted. The Access Agreement(s) and evidence of insurance saving the City of Buffalo harmless from any and all liability must be approved as to form by the City of Buffalo's Corporation Counsel's Office and signed by the City of Buffalo prior to any and all contractors accessing the Properties; 7. That the Developer, or entity to be designated by the Developer, agrees to sign a full Environmental Release and Indemnity Agreement releasing the City of Buffalo from any and all liability, said document to be in form and substance acceptable to the City in the City's sole discretion; 8. That the successful negotiation of a Land Disposition Agreement for approval by the Common Council shall be no later than twenty -four (24) months from the date the Common Council approves the designation; 9. That upon signing the Land Disposition Agreement, there shall be a payment by the Developer to the City a non - refundable deposit, in the amount often percent (10 %) of the to -be- agreed -upon purchase price; 10. That individuals and /or corporations having outstanding taxes, water bills, parking tickets, user fee and /or demolition liens or any other liens or debts owed to the City of Buffalo, or if code violations exist on any property owned by them are ineligible for designation; 11. That the City of Buffalo may terminate the designation should the Developer fail to meet any of the deadlines, terms and conditions set forth above. Should the City elect to terminate this designation on or before the end of the designation period for failure by the Developer to comply with the above conditions, the City will give written notice to the Developer via certified mail and allow the Developer two (2) weeks to cure; 12. That the designation shall expire twenty -four (24) months from the date the Common Council approves the designation; and 13. That the designation and the Land Disposition Agreement shall be subject to any and all other terms and conditions that the City of Buffalo Corporation Counsel's Office deems necessary. PASSEO AYES -7 NOES -0 NO. 7 DESIGNATE BUFFALO NEIGHBORHOOD STABILIZATION COMPANY INC. DEVELOPER IN REFERENCE TO 269 & 271 HAMPSHIRE, 264 MASSACHUSETTS, 359,369, 371 & 384 NORMAL, 248 VERMONT AND 12,16 & 20 SHERWOOD FILLMORE DISTRICT The Office of Strategic Planning, Division of Real Estate, has been informed that the Buffalo Neighborhood Stabilization Company Inc. (BNSC), 271 Grant Street, Buffalo, New York 14213 is applying for Low Income Housing Tax Credits (LIHTC) for the development of Mass Ave Community Homes Project. The LIHTC application requires the applicants to demonstrate they have control of the sites they intend to develop. BNSC is, therefore, requesting to be named designated developer for the above referenced city owned properties. The BNSC proposes to construct and manage the Mass Ave Community Homes (MACH) approximately 46 unit high quality affordable rental housing development on Buffalo's West Side. The project will include 7 substantially rehabilitated and 9 newly constructed buildings, which will consist of 13 one bedroom units; 12 two bedroom units, 20 three bedroom units and 1 four bedroom unit. Five units will be adapted for person(s) who have mobility impairment and 3 units will be adapted for person(s) who have hearing and /or vision impairment. The total project costs are estimated at $12.4 million. The financing for MACH will primarily utilize Low Income Housing Tax Credits (LIHTC) and State HOME funds from NYS Homes and Community Renewal (HCR). BNSC intends to utilize private bank equity and LIHTC for project financing. The proposed project includes 11 city owned properties and will be located on blocks directly within the Green Development Zone. All of the properties with the exception of 248 Vermont are city owned vacant lots. The property at 248 Vermont is a multiple dwelling that was originally on our demolition list. The fair market value of the above referenced 11 properties is estimated at $50,200. The Office of Strategic Planning, Division of Real Estate, respectfully requests that Your Honorable Body designate Buffalo Neighborhood Stabilization Company Inc or an entity to be designated by BNSC as Developer of the subject properties for a period of twelve (12) months subject to the following conditions: a. Submission by the Developer of a detailed site plan of the above referenced properties and overall project for approval by the City of Buffalo Planning Board (if necessary) and construction plans, including landscaping and a breakdown of estimated total project costs, for review and approval by the City. b. Submission of a colored rendering of the property suitable for presentation to the City Common Council which shall be submitted prior to the Common Council approval of a Land Disposition Agreement. c. Submission of monthly progress reports by the Developer to the Office of Strategic Planning, Division of Real Estate. d. Submission by the Developer of evidence of equity capital and mortgage financing necessary for the completion of the project which shall be submitted prior to closing. e. Payment of a designation fee of Five Hundred Dollars ($500) per month by Developer to the City, payable within five (5) days from the date of Common Council Approval of the designation and due thereafter the first day of every month. In the event the Developer shall exercise its option to acquire said property pursuant to the Land Disposition Agreement (LDA) to be negotiated by Developer and the City, said option fee shall be applied as a credit towards the purchase price. In the event the Developer shall not proceed with the redevelopment of the properties within the designation period, the Developer shall forfeit all fees paid on account and the City shall retain all such fees. f. Developer is responsible for performing any soil borings and soil investigations, as per a license agreement to be granted by the City, for the purpose of determining, to developer's satisfaction, the suitability of the site for its intended use, and the presence or absence of hazardous substances as such term is used in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended (C.E.R.C.L.A) 42 USC ss 9601 et seq.: The Hazardous Materials Transportation Act, as amended, 49 USC ss 1801 et seq.: The Resource Conservation and Recovery Act, as amended, 42 USC ss 6901 et seq.: Articles 15 and 27 of the New York State Environmental Conservation Law or any other federal, state, or local law, regulation, rule, ordinance, by -law, policy guidance, procedure, interpretation, decision, order, or directive, whether existing as of the date hereof, previously enforced or subsequently enacted. g. The Developer, or entity to be designated by the Developer, must sign a Environmental Release and Indemnification Agreement releasing the City of Buffalo form any and all liability. h. The successful negotiation of a Land Disposition Agreement for approval by the Common Council shall be no later than twelve (12) months from the date the Common Council approves the designation. i. Upon signing of LDA, payment by the Developer to the City of Buffalo a non - refundable deposit, in the amount of ten percent (10 %) of the agreed to selling price. The sale price to be established in accordance with Article 27 of the City of Buffalo Charter. Individuals and or corporations having outstanding taxes, water bills, parking tickets, user fee and /or demolition liens or any other liens owned to the City of Buffalo, or if code violations exist on any property owned by them will not be eligible for designation. The City of Buffalo may terminate this designation should the Developer fail to meet any of the deadlines, terms and conditions set forth above. Should the City elect to terminate this designation on or before the end of the designation period for failure by the Developer to comply with the above conditions, the City will give written notice to the Developer via certified mail and allow the Developer two (2) weeks to cure. I. This designation will expire twelve (12) months from the date the Common Council approves the designation. m. This designation will be subject to any and all other terms and conditions that the City of Buffalo, Corporation Counsel's Office deems necessary. I am requesting that your Honorable Body approve the designation of Buffalo Neighborhood Stabilization Company Inc, or an entity to be designated by BNSC as the Developer of the above referenced properties upon the above terms and conditions; authorize the Corporation Counsel's Office to prepare the necessary agreements for the development of said properties and forward to the Common Council for final approval the agreement for the transfer of title. Mr. Smith moved: That the above item be, and the above communication from the Office of Strategic Planning, Division of Real Estate, dated December 4, 2012, be received and filed; That the Common Council hereby designates the Buffalo Neighborhood Stabilization Company Inc. and /or a corporation, partnership, or other legal entity to be designated by the Buffalo Neighborhood Stabilization Company Inc. as developer of the subject properties for a period of twelve (12) months subject to the following conditions: 1. That the Developer submits a detailed site plan for the subject properties and overall project for approval by the City of Buffalo Planning Board (if necessary) and construction plans, including landscaping and a breakdown of estimated total project costs, for review and approval by the City; 2. That the Developer submits a colored rendering of the properties suitable for presentation to the Common Council which shall be submitted prior to the Common Council approval of a Land Disposition Agreement; 3. That the Developer submits monthly progress reports to the Office of Strategic Planning, Division of Real Estate; 4. That the Developer submits evidence of equity capital and mortgage financing necessary for the completion of the project which shall be submitted prior to closing; 5. That the Developer shall pay a designation fee of Five Hundred Dollars ($500.00) per month to the City, payable within five (5) days from the date of Common Council approval of the designation and due thereafter the first day of every month. In the event the Developer shall decide to move forward and take subsequent steps to formally acquire the properties pursuant to the Land Disposition Agreement (LDA) to be negotiated by the Developer and the City, said designation fee shall be applied as a credit towards the purchase price. In the event Developer shall not proceed with the development of the properties within the designation period, the Developer shall forfeit all fees paid on account and the City shall retain all such fees; 6. That the Developer is responsible for performing any soil borings and soil investigations, as per a license agreement to be granted by the City, for the purpose of determining, to the Developer's satisfaction, the suitability of the site for its intended use, and the presence or absence of hazardous substances as such term is used in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended (C.E.R.C.L.A.) 42 USA ss 9601 et seq., The Hazardous Materials Transportation Act, as amended, 49 USA ss 1801 et seq., The Resource Conservation and Recovery Act, as amended, 42 USC ss 6901 et seq., Articles 15 and 27 of the New York State Environmental Conservation Law or any other federal, state, or local law, regulation, role, ordinance, by -law, policy guidance, procedure, interpretation, decision, order, or directive, whether existing as of the date hereof, previously enforced or subsequently enacted; 7. That the Developer, or entity to be designated by the Developer, shall sign an Environmental Release and Indemnity Agreement releasing the City of Buffalo from any and all liability; 8. That the successful negotiation of a Land Disposition Agreement for approval by the Common Council shall be no later than twelve (12) months from the date the Common Council approves the designation; 9. That upon signing the Land Disposition Agreement, there shall be a payment by the Developer to the City a non - refundable deposit, in the amount often percent (10 %) of the agreed -to selling price. The sale price to be established in accordance with Article 27 of the City of Buffalo Charter; 10. That individuals and /or corporations having outstanding taxes, water bills, parking tickets, user fee and /or demolition liens or any other liens or debts owed to the City of Buffalo, or if code violations exist on any property owned by them are ineligible for designation; 11. That the City of Buffalo may terminate the designation should the Developer fail to meet any of the deadlines, terms and conditions set forth above. Should the City elect to terminate this designation on or before the end of the designation period for failure by the Developer to comply with the above conditions, the City will give written notice to the Developer via certified mail and allow the Developer two (2) weeks to cure; 12. That the designation shall expire twelve (24) months from the date the Common Council approves the designation; and 13. That the designation and the Land Disposition Agreement shall be subject to any and all other terms and conditions that the City of Buffalo Corporation Counsel's Office deems necessary. PASSED AYES -7 NOES -0 NO. 8 REPORT OF SALE 146 BRADLEY, 110' E GRANT LOT SIZE: 26'X 65' ASSESSED VALUATION: $2,600 (NORTH DISTRICT) The Office of Strategic Planning, Division of Real Estate has received a request from Buffalo West Side Properties, LLC, Mr. James R. Swiezy, 1131 Delaware Avenue, Buffalo, New York 14209 to purchase 146 Bradley Street. Buffalo West Side Properties, LLC owns an apartment type building at 140 Bradley, which is adjacent to 146 Bradley. The property wilt be used for additional green space. Buffalo West Side Properties, LLC also owns other properties in the surrounding area at 603 Grant, 86, 96 and 98 Rees, which are all adjacent to 146 Bradley. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. A market analysis performed by the Division of Real Estate showing similar sales in the area range from Eighty Five Cents ($.85) to One Dollar and Fifty Five Cents ($1.55) per square foot. Mr. Swiezy has agreed and is prepared to pay Two Thousand One Hundred Dollars ($2,100), One Dollar and Thirty Cents ($1.36) per square foot for the subject property. He has also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 146 Bradley Street to Buffalo West Side Properties, LLC or entity to be designated by Mr. James R. Swiezy in the amount of Two Thousand One Hundred Dollars ($2,100). I am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. Mr. Smith moved: That the above item be, and the above item from the Office of Strategic Planning, dated December 4, 2012, be received and filed; That the offer from Mr. James R. Swiezy, 1131 Delaware Avenue, Buffalo, New York 14209, on behalf of Buffalo West Side Properties, LLC, in the amount of Two Thousand One Hundred Dollars ($2,100.00) for the purchase of 146 Bradley, 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 -7 NOES -0 NO. 9 REPORT OF SALE 607 GRANT, 132' N BRADLEY LOT SIZE: 66'X 140' ASSESSED VALUATION: $8,700 (NORTH DISTRICT) The Office of Strategic Planning, Division of Real Estate has received a request from Buffalo West Side Properties, LLC, Mr. James R. Swiezy, 1131 Delaware Avenue, Buffalo, New York 14209 to purchase 607 Grant Street. Buffalo West Side Properties, LLC owns a multiple residence at 603 Grant and 98 Rees, which are adjacent to 607 Grant. The property will be used for additional green space. Buffalo West Side Properties, LLC also owns other properties in the surrounding area at 140 Bradley, 86 and 96 Rees, which are all adjacent to 607 Grant. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. A market analysis performed by the Division of Real Estate showing similar sales in the area range from Sixty Five Cents ($.65) to One Dollar and Fifty Cents ($1.50) per square foot. Mr. Swiezy has agreed and is prepared to pay Nine Thousand Seven Hundred Dollars ($9,700), One Dollar and Five Cents ($1.05) per square foot for the subject property. He has also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 807 Grant Street to Buffalo West Side Properties, LLC or entity to be designated by Mr. James R. Swiezy in the amount of Nine Thousand Seven Hundred Dollars ($9,700). 1 am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. Mr. Smith moved: That the above item be, and the above item from the Office of Strategic Planning, dated December 4, 2012, be received and filed; That the offer from Mr. James R. Swiezy, 1131 Delaware Avenue, Buffalo, New York 14209, on behalf of Buffalo West Side Properties, LLC, in the amount of Nine Thousand Seven Hundred Dollars ($9,700.00) for the purchase of 607 Grant Street, be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES -7 NOES -0 NO. 10 REQ AUTH COB TO APPLY AND EXCEPT GRANT FUNDS EMPIRE STATE DEV The City of Buffalo is requesting $3 Million in City -by City funds from the Empire State Development Corporation to establish a revolving loan program that will provide gap funding to support the adaptive reuse of vacant and underutilized buildings and spaces in downtown Buffalo- Specifically, the funds will be used to support the core recommendation of the Buffalo Building Re -use Project: implementation of a housing and mixed -use infill strategy through the reconstruction and rehabilitation of existing downtown buildings- The Program will provide an additional source of construction /rehab funds to complete a project (construction or bridge financing), with the source of repayment to be identified by permanent financing, historic tax credit equity, government grant, additional owner financing, and /or other sources of funding. The Program will also provide short -term financing for repayment of construction financing for the period during project lease -up and stabilization. The City will provide these funds to the Buffalo Urban Development Corporation (BUDC). BUDC will make the funding available through a Request for Proposal process, contingent upon projects submitted. As principal repayments are made to the fund, additional RFP's will be issued, contingent upon the amount of funds available, with the goal of creating a permanent revolving loan fund. Loan fees and a portion or all of the interest earned from the financing will be used to offset the costs of operating the loan program (staff costs and expenses). I respectively request that your Honorable Body authorize that the City of Buffalo apply for and accept the $3 Million in Empire State Development Corporation grant funds to finance the Buffalo Building Reuse Project Revolving Loan Program. I further respectively request that your Honorable Body authorize City personnel to take all such actions and to enter into such agreements and arrangements as are necessary in order to accept the grant funding and to undertake, facilitate and implement all actions required for the grant funding utilization, including but not necessarily limited to the transfer of the funds to BUDC. Mr. Smith moved: That the above item be, and the above communication from the Office of Strategic Planning, dated November 19, 2012, be received and filed; and That the Common Council hereby authorizes the Executive Director of the Office of Strategic Planning to apply for an accept a Three Million Dollars ($3,000,000.00) grant from the Empire State Development Corporation to finance the Buffalo Building Reuse Project Revolving Loan Program; and the Common Council hereby authorizes City personnel to take such actions and to enter into such agreements and arrangements as are necessary in order to accept the grant funding and to undertake, facilitate and implement all actions required for the grant funding utilization, including, but not limited to, the transfer of the funds to the Buffalo Urban Development Corporation. PASSED AYES -7 NOES -0 FROM THE COMPTROLLER NO. 11 CERTIFICATE OF NECESSITY 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 $50,000 in the estimate for the fiscal year beginning July 1, 2012 is necessary in appropriation allotments, Employment and Training - Other Services - Wellness Grant, 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 Employment and Training - Wellness 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: 10253030 - 365003 -10389 Employment & Training- Wellness Grant $ 50,000 To: 12557006 - 480000 Employment & Training - Wellness Program $ 50,000 RECEIVED AND FILED NO. 12 FIRST QUARTER GAP SHEETS REPORT - 2012 -2013 We have reviewed the 2012 - 2013 First. Quarter Gap Sheets Report (Gap Report), which was prepared and submitted by the Administration, and are filing our review and summation as required under the City Charter. The Gap Report projects a budgetary $209,000 surplus for the current year ending June 30, 2013 based on actual results through September 30, 2012 and projections for the period October 1, 2012 through June 30, 2013. At this time in the fiscal year, nothing has come to our attention that would cause us to dispute the reasonableness of the projection prepared by the Administration based on our historical analysis using past transactions. It should be noted that the revised budget includes the use of$11.5 million of fund balance. With the use of this fund balance, and in accordance with generally accepted accounting principles (GAAP), the "net change in fund balances" in the 2013 CAFR will report a deficit on the fund financial statements. We understand that historical trends, although useful in performing a reasonableness test, may not necessarily be a fair prediction of what may occur in the next nine months, especially given the relatively short time frame being considered (three months)- Also, as our office is not a part of City -wide management decisions, we may not be aware of all anticipated changes to staffing and operations during the remainder of the fiscal year. Our office will be performing a more detailed analysis of the 2 Quarter Gap Sheets report. RECEIVED AND FILED FROM THE COMMISSIONER OF ASSESSMENT AND TAXATION NO. 13 REQUEST APPROVAL OF CERTIFICATE OF ADJUSTED BASE PROPORTIONS 2012 ROLL Attached find Certificate of Adjusted Base Proportions. I am respectfully requesting that Your Honorable Body approve the aforementioned Certificate pursuant to Article 19 of the Real Property Tax Law. Article 19 was added to the Real Property Tax Law in 1981 for the purpose of mitigating the shift of taxes to residential property as a result of reassessment in municipalities with a homestead and a non - homestead taxing system. A proportional ratio is established between the two classes in the base year, the roll used for certification as an approved assessing unit. For the City of Buffalo our base year is 1991. Thereafter each successive roll is adjusted for changes in the number and values of parcels in the two classes and the ratio is applied to determine the amount of the levy to be collected from each class of properties. This Certificate was prepared by the Department of Assessment and Taxation with the assistance of the New York State Office of Real Property Service, pursuant to the Real Property Tax Law and the Rules and Regulations of the Office of Real Property Service. Upon approval of this Certificate, kindly direct the City Clerk to sign, date and forward said Certificate to the New York State Department of Taxation and Finance, Office of Real Property Tax Services, Building 8A - Attn: Dave Ange, W.A. Harriman State Campus, Albany, New York 12227. Also, kindly direct the City Clerk to furnish this department with a copy of the approved Certificate. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of Assessment and Taxation, dated November 27, 2012, be received and filed; and That the Common Council hereby approves the Certificate of Adjusted Base Proportions pursuant to Article 19 of the Real Property Tax Law and directs the City Clerk to sign, date and forward said Certificate to the New York State Department of Taxation and Finance with a copy of same to the Commissioner of Assessment and Taxation. PASSED AYES -7 NOES -0 NO. 14 REQUEST APPROVAL OF CERTIFICATE OF CURRENT BASE PROPORTIONS 2012 ROLL Attached find Certificate of Base Percentages, Current Percentages and Current Base Proportions. am respectfully requesting that Your Honorable Body approve the aforementioned Certificate pursuant to Article 19 of the Real Property Tax Law. Article 19 was added to the Real Property Tax Law in 1981 for the purpose of mitigating the shift of taxes to residential property as a result of reassessment in municipalities with a homestead and a non - homestead taxing system. A proportional ratio is established between the two classes in the base year, the roll used for certification as an approved assessing unit. For the City of Buffalo our base year is 1991. Thereafter each successive roll is adjusted for changes in the number and values of parcels in the two classes and the ratio is applied to determine the amount of the levy to be collected from each class of properties. This Certificate was prepared by the Department of Assessment and Taxation with the assistance of the New York State Office of Real Property Service, pursuant to the Real Property Tax Law and the Rules and Regulations of the Office of Real Property Service. Upon approval of this Certificate, kindly direct the City Clerk to sign, date and forward said Certificate to the New York State Department of Taxation and Finance, Office of Real Property Tax Services, Building 8A - Attn: Dave Ange, W.A. Harriman State Campus, Albany, New York 12227. Also, kindly direct the City Clerk to furnish this department with a copy of the approved Certificate. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of Assessment and Taxation, dated November 27, 2012, be received and filed; and That the Common Council hereby approves the Certificate of Base Percentages, Current Percentages and Current Base Proportions pursuant to Article 19 of the Real Property Tax Law and directs the City Clerk to sign, date and forward said Certificate to the New York State Department of Taxation and Finance with a copy of same to the Commissioner of Assessment and Taxation. PASSED AYES -7 NOES -0 FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO. 16 CHANGE IN CONTRACT J B WILEY SPORTS COMPLEX RENOVATIONS JOB #1061 EILICOTT DISTRICT I hereby submit to Your Honorable Body the following changes for the J B Wiley Sports Complex, Renovations, Miller Enterprises, C #93000891. 1. Gas pipe relocation. Disconnect and raise existing gas pipe above new finished ceiling. ADD $487.00 2. Additional work for concrete floor finishing. Grinding, ADD $1,267.00 finishing required to improve visual appearance and safety performance of existing floor. This was discovered during demolition. The Foregoing change results in a net increase in the contract of One Thousand Seven Hundred Fifty Four and 00/100 Dollars($1,754.00) Original Contract Amount $312,000.00 Amount of Previously Approved Change Orders $ 28,694.00 Amount of This Change Order ( #.4) ADD $ 1,754.00 Revised Contract Amount $342,448.00 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 Fire dated November 30, 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 #4 in the amount of $1,754.00 (Original Contract Amount $312,000.00 + Previously Approved Change Orders $28,694.00 + Change Order #4 $1,754.00 for a Revised Contract Amount of $342,448.00) for the J.B. Wiley Sports Complex Renovations to Miller Enterprises, C #93000891. Funds for this work are available in Account #35323106 445100 - Buildings. PASSED AYES -7 NOES -0 NO. 16 CHANGE IN CONTRACT LASALLE PARK CONCESSION BUILDING IMPROVEMENTS JOB #1236 ELLICOTT 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); Add $7,900.00 remove all brick and replace with new brick on outer wing wall& 2. Eliminate the replacement of 20% of original brick. Deduct $3,500.00 3. Change bathroom door locks with Folger Adams jail Add $3,358.00 house style locks. The foregoing change results in a net increase in the contract of Seven Thousand Seven Hundred Fifty Eight and 00/100 Dollars ($7,758.00). 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 $ 5,058.00 Revised Contract Amount $ 36,458.00 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 Fire dated December 4, 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 $5,058.00 (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 $5,058.00 for a Revised Contract Amount of $36,458.00) for the LaSalle Park, Concession Building Improvements to Miller Enterprises, C #93001023. Funds for this work are available in Account #34400206 445100 - Division of Buildings. PASSED AYES -7 NOES -0 NO. 17 REPORT OF BIDS FOR REHABILITATION OF NO.4 PUMP AND MOTOR AT THE MASSACHUSETTS PUMP STATION This is to advise your Honorable Body that I have received bids on October 31, 2012 for the Rehabilitation of the No. 4 Pump and Motor at the Massachusetts Pump Station in the City of Buffalo. The following bids were received: I -John W. Danforth Company 300 Colvin Woods Parkway Tonawanda, New York 14150 2- Quackenbush Company, Inc. 495 Kennedy Road Buffalo, N.Y. 14227 " Denotes the corrected bid amount ($1,521,100.00 was corrected upon review -error in contractor bid). Engineers' estimate: $ 1,000,000.00 The total bid amounts were over Engineers estimate and budgeted amount so noncritical unit bid items were removed from above bids received; (Items No.4- 3,5,6- 3,15,16,17 -2,and 18 -2) were removed from the total bid to reduce the total project costs to budgeted amount. The removal of these non - critical bid items resulted in the following approved total project bids received. 1 -John W. Danforth Company $1,183,150.00 300 Colvin Woods Parkway Tonawanda NY 14150 2- Quackenbush Company Inc $1,261,360.00 495 Kennedy Road Buffalo, NY 14227 1 hereby certify that the lowest responsible bidder is John W. Danforth Company. Also, I respectfully recommend that your Honorable Body authorize the Total Contract Bid award in the amount of $ 1,007,850.00. The funds are available in 53220756 445100, 53230806 445100, an account(s) to be named at a later date. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of Public Works, Parks and Streets, dated December 5, 2012, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to enter into an agreement for the rehabilitation of No. 4 Pump and Motor at the Massachusetts Pump Station with John W. Danforth in the amount of $1,007,850.00. Funding for this project is available in Accounts 53220756 445100, 53230806 445100, and an to be named at a later date. PASSED AYES -7 NOES -0 NO. 18 REPORT OF BIDS BUFFALO NIAGARA MEDICAL CAMPUS - PH. 2 ELLICOTT GATEWAY PROJECT PIN #5757.59 This is to advise Your Honorable Body that I have advertised and received bids on November 14, 2012. The lowest three bids received were: Contractor Base Bid Total Bid Price CATCO $2,823,280.10' $2,964,444.11 taka Concrete Applied Technologies, Corp.) 1266 Townline Road Alden, New York 14004 Mark Cerrone, Inc. $2,961,146.00' $3,109,203.30 2368 Maryland Avenue Niagara Falls, New York 14305 DiPizio Construction Co., Inc. $3,254,800.00' $3,417,540.00 100 Stradtman Street Cheektowaga, New York 14206 'CORRECTED I hereby certify that the lowest responsible bidder for the above project is CATCO (aka Concrete Applied Technologies Corp.) and I respectfully recommend that Your Honorable Body authorize a contract award to CATCO in the amount of$2,964,444.11. (Base Bid of $2.823,280.10' + [5% unit price increases] $141,164.01 equals [Total Award] $2,964,444.11). The engineer's estimate for this work is $3,175,286.35. This project is a 95% reimbursed Federal Aid Highway Project and funds for this project are available in our Capital Account #31692206- 445100, and an account 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 December 5, 2012, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to enter into an agreement for the Buffalo Niagara Medical Campus - Phase 2 Ellicott Gateway Project with CATCO, also known as Concrete Applied Technologies Corp. in the amount of $2,964,444.11 (Base Bid of $2,823,280.10 + [5% unit price increase] $141,164.00 for a Total Award of$2,964,444.11). Funding for this project is available from a Federal Aid Highway Project in which the City will be reimbursed 95 %, Capital Account # 31692206- 445100, and an to be named at a later date. PASSED AYES -7 NOES -0 NO. 19 APPOINT ADMINISTRATIVE ASSISTANT,(PERM)(INTER)(MULLEN) Appointment effective 11/26/2012 in the Department of Public Works, Parks and Streets, Division of Streets to the Position of Administrative Assistant, Permanent at the Intermediate salary of $42,758.00 Regina Mullen, 183 University Ave, Buffalo, NY 14214 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 20 APPOINT EQUIPMENT OPERATOR (PROV)(INTER)(WACHOWIAK) Appointment effective 11/26/2012 in the Department of Public Works, Parks and Streets to the position of Equipment Operator, Provisional at the Intermediate Salary of $25,100.00 Gregory Wachowiak, 220 Sears St, Buffalo, NY 14212 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF FIRE NO. 21 PURCHASE FIVE (5) COMMAND VEHICLES AUCTION /SCRAP VEHICLES We are requesting approval to purchase five (5) 24/7 command vehicles for the Buffalo Fire Department. These vehicles will replace the vehicles currently used by the four Battalion Chiefs and one Division Chief. These vehicles are not take home vehicles and will replace the vehicles referenced below. Funds are available through our 2012 Capital Budget account 35216706 445100 to purchase these vehicles. Additionally, we are requesting approval to auction /scrap the following vehicles: F -043, 1998 Chevrolet Tahoe, F -046 1998 Chevrolet Tahoe, F- 047,1999 Chevrolet Tahoe, F- 169,1999 Ford Crown Vic and F -170, 2000 Ford Crown Vic. The Tahoes have high mileage and are badly rotted and the Crown Vics have a rotted frame and bad engine. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of Fire, dated December 5, 2012, be received and filed; and That the Common Council hereby authorizes the Commissioner of Fire to purchase five (5) command vehicles for the Buffalo Fire Department to replace the vehicles currently being used by four (4) Battalion Chiefs and one (1) Division Chief. These vehicles are not take -home vehicles. The Common Council hereby authorizes the Commissioner of Fire to auction /scrap the vehicles currently being by the Battalion Chiefs and the Division Chief. Funds are available in 2012 Capital Budget Account 35216706 445100. PASSED AYES -7 NOES -0 NO. 22 PURCHASE ONE (1) TECHNICAL SEARCH AND RESCUE VEHICLE AUCTION /SCRAP VEHICLE We are requesting approval to purchase one (1) Technical Search and Rescue Vehicle for the Buffalo Fire Department. This vehicle will replace the current vehicle, FR -3 1990 Pierce Rescue Truck which is badly rotted and no longer road worthy. Funds are available through our 2012 Technical Rescue / USAR Grant, WM 10152309, Contract #C152309 to purchase this vehicle. This vehicle is not a take home vehicle. Additionally, we are requesting permission to auction /scrap the above - referenced 1990 Pierce Rescue vehicle. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of Fire, dated December 5, 2012, be received and filed; That the Common Council hereby authorized the Commissioner of Fire to purchase one (1) Technical Search and Rescue Vehicle for the Buffalo Fire Department, which will replace the current vehicle. This vehicle is not a take -home vehicle. The Common Council hereby authorizes the Commissioner of Fire to auction /scrap the vehicle currently being used. Funds are available in the 2012 Technical Rescue /USAR Grant, WM 10152309, Contract #C152309. PASSED AYES - 7 NOES — 0 NO. 23 REQUEST PERMISSION TO TAKE VEHICLE W -214 2004 CHEV. PICKUP INTO OUR VEHICLE INVENTORY FLEET FROM THE WATER DEPARTMENT The Buffalo Fire Department is requesting permission to take vehicle W -214, 2004 Chevrolet Pickup Truck into our vehicle inventory fleet from the Water Department. This vehicle will replace F -137, 1985 Chevrolet Utility Truck. This vehicle has exceeded its useful life and is currently out of service. We are also requesting permission to scrap F -137. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of Fire, dated December 5, 2012, be received and filed; That the Common Council hereby authorizes the Commissioner of Fire to take vehicle W -214, 2004 Chevrolet Pickup Truck into the Buffalo Fire Department's inventory fleet from the Water Department to replace and scrap vehicle F -137, 1985 Chevrolet Utility Truck. PASSED AYES -7 NOES -0 FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT & INSPECTION SERVICES NO. 24 FOOD STORE (NEW) 3428 BAILEY(UNIVERSITY) 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 3428 Bailey (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. REFERRED TO THE COMMITEE ON LEGISLATION. NO. 25 FOOD STORE (NEW) 384 CONNECTICUT(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 384 Connecticut (Krishna Market Inc. /Snjel Amin and Payal M Patel) 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 December 5, 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 Sujel Amin and Payal M. Patel d /b /a Krislma Market Inc., located at 384 Connecticut. PASSED AYES -7 NOES -0 NO. 26 FOOD STORE (NEW) 2101 ELMWOOD(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 2101 Elmwood (Dollar Tree Stores Inc. /Gary Philbin) and find that as to form is correct., t 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 December 5, 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 Gary Philbin d /b /a Dollar Tree Stores Inc., located at 2101 Elmwood. PASSED AYES -7 NOES -0 NO. 27 FOOD STORE (NEW) 896 NIAGARA(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 896 Niagara (Zip's Deli /Shafah Nassr Mohsen Al Quhaif) 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 December 5, 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 Shafah Nassr Mohsen Al Quhaif d /b /a Zip's Deli, located at 896 Niagara. PASSED AYES -7 NOES -0 NO. 28 FOOD STORE (NEW) 584 ONTARIO(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 584 Ontario (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 December 5, 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 584 Ontario. PASSED AYES -7 NOES -0 NO. 29 GARBAGE COLLECTOR LICENSE (NEW) Pursuant to Chapter 263 of the City of Buffalo Ordinances, AAA Trash Be Gone DBA /Patrick Dolan has made an application for a license to collect and haul refuse, garbage, and /or solid waste in the City of Buffalo. I have examined the attached application for a Collector License and find that as to form is correct. I have caused investigation into the business entity for which said application for collector license is being sought and according to insurance requirements of the Office of Licenses and an attached report from Public Works verifying 785 South Ogden St. has legal use for a transfer station, I find that it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION. NO. 30 SECOND HAND DEALER -1946 CLINTON LOVEJOY Pursuant to Chapter 254 of the City of Buffalo Ordinances please be advised that ! have examined the attached application for a Second Hand Dealer License located at 1946 Clinton 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 Ilija Karanovic. The attached thereto for Ilija Karanovic d /b /a /Clinton Used Appliances This request is submitted for your approval or whatever action you deem appropriate. Mr. Smith moved: That the above communication from the Department of Economic Development Permit and Inspection Services dated December 4, 2012, be received and filed; and That pursuant to Chapter 254 of the City Code, the Commissioner of Economic Development Permit and Inspection Services be, and he hereby is authorized to grant a Second Hand Dealer License to Ilija Karanovic d /b /a Clinton Used Appliances located at 1946 Clinton Street is hereby approved. PASSED AYES -7 NOES -0 NO. 31 USED CAR DEALER 2140 GENESEE ST (LOVEJOY) Pursuant to Chapter 254 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Used Car Dealer License located at 2140 Genesee and find that as to form is correct. I have caused an investigation into the premises for which said application for a used car 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 Hussein Dubaishi. The attached thereto for Hussein Dubaishi d /b /a East Side Auto Repair. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 32 USED CAR DEALER 1082 KENMORE (DELAWARE) Pursuant to Chapter 254 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Used Car Dealer License located at 1082 Kenmore and find that as to form is correct. I have caused an investigation into the premises for which said application for a used car 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 Todd Lorenzo. The attached thereto for Todd Lorenzo /dba /Power Broker's. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMHTTEE ON LEGISLATION. FROM THE COMMISSIONER OF PARKING NO. 33 BID TABULATION OF PARKING LOTS Permission is requested from Your Honorable Body to contract with All Pro Parking for four surface parking lots. The lease will be for three years, commencing on 1/1 /13. The lots are referred to as Skyway Loop Lot, Skyway Lot #3, Aud Lot #1 and Aud lot #2 and are all located The Division of Purchase bid these lots and All Pro was the highest bidder on all four. These new contracts will increase the lease amount from the current $231,615 in annual lease payments to $377,338. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of Parking, dated December 4, 2012, be received and filed; and That the Common Council hereby authorizes the Commissioner of Parking to enter into an agreement AIIPro Parking for four (4) surface parking lots, for a term lasting three (3) years and commencing on January 1, 2013. PASSED AYES -7 NOES -0 FROM THE COMMISSIONER OF COMMUNITY SERVICES & RECREATIONAL PROGRAMMING NO. 34 APPOINT DIRECTOR OF WORKFORCE EMPLOYMENT AND TRAINING(EXEMPT)(THOMPSON) Appointment effective December 7, 2012 in the Department of Community Services and Recreational Training, Division of Workforce Development to the Position of Director of Workforce Employment and Training, Exempt at the flat salary of $79,757.00 Antoine M. Thompson, 4 Jewett Pkwy, Buffalo, NY 14214 RECEIVED AND FILED FROM THE CIVIL SERVICE COMMISSION NO. 35 REQUEST TO ENTER INTO CONTRACT EB JACOBS, LLC WRITTEN EXAM FIREFIGHTER The Department of Fire does not have a current Firefighter candidate eligible list to hire from. The Department of Human Resources /Civil Service solicited proposals to develop the written exam, physical ability test, and structured oral interview for Firefighter candidates. The RFP team selected the bid of EB Jacobs, LLC of State College, Pennsylvania for said services. The Department of Human Resources /Civil Service respectfully requests authorization from the Common Council to enter into contract with EB Jacobs, LLC. The contract will begin as soon as possible and will remain in- existence through the life of the eligible list developed as a result of said services. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of Human Resources, dated November 26, 2012, be received and filed; and That the Commission of Human Resources is hereby authorized to enter into an agreement and to hire EB Jacobs LLC for the written portion of the firefighter exam. PASSED AYES -7 NOES -0 FROM THE CITY CLERK NO. 36 RESPONSE & COMPLAINT - CHICKEN LICENSE 330 VERMONT Attached is the response from the Buffalo Animal Control Officer and letter of complaint regarding the Chicken License at 330 Vermont Street. After inspection it was determined that the Property did not meet the criteria needed for a chicken license. Gerald A. Chwalinski City Clerk Mr. Smith moved: That the above item be, and above communication from the Office of the City Clerk, dated December 10, 2012, be received and filed; That the application of Gambino Sanchez for a chicken license at 330 Vermont Street is hereby denied for the reasons stated by the Department of Inspections and Permit Services, and on the report of the SPCA of Erie County Law Enforcement Division. DENIED NO. 38 REPORTS OF ATTENDANCE I transmit herewith communications received by me, from the various boards, commissions, agencies and authorities reporting the membership attendance at their respective meetings: x Buffalo Sewer Authority RECEIVED AND FILED NO. 39 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 November 29, 2012 in the Department of Parking, Division of Parking Enforcement to the Position of Laborer II, Seasonal appointment at the Minimum salary of $12.06/hr Tishawn A. Campbell, 161 Marine Dr Apt 7H, Buffalo, NY 14202 CERTIFICATE OF APPOINTMENT Appointment effective December 5, 2012 in the Department of Parking, Division of Parking Enforcement to the Position of Laborer II, Seasonal appointment at the Minimum salary of $12.06/hr Thomas Karbowski, 216 Rebecca Park, Buffalo, NY 14202 NO. 40 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 November 26, 2012 in the Department of Public Works, Parks and Streets, Division of Buildings to the position of Sr 1 sc class Stationary Engineer, Temporary(as Required), Non Competitive at the Flat Salary of $15.00 /hr Patrick Donohue, 2 Harvey Place, Buffalo, NY 14210 CERTIFICATE OF APPOINTMENT Appointment effective November 26, 2012 in the Department of Public Works, Parks and Streets, Division of Buildings to the position of Laborer II, Permanent, Non Competitive at the Minimum Salary of $22,423.00 David Irlbacher, 21 Ridgewood Ave, Buffalo, NY 14220 CERTIFICATE OF APPOINTMENT Appointment effective November 26, 2012 in the Department of Public Works, Parks and Streets, Division of Streets to the position of Motor Equipment Mechanic, Permanent, Open Competitive at the Minimum Salary of $23,721 John Fiegel, 12 South St, Buffalo, NY 14204 NON - OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON - OFFICIAL COMMUNICATIONS, NO. 41 LP CIMINELLI -BOARD PACKET DOCUMENTS DECEMBER 2012 Memorandum Attached are the following documents from the Joint Schools Construction Board meeting scheduled on December 3, 2012: 1. Draft Agenda 2. Meeting Minutes from JSCB Meeting dated November 5, 2012 3. Fully Executed Phase III Application and Certificate for Payment No. 54 - October 2012 4. Fully Executed Phase IV Application and Certificate for Payment No. 52 - October 2012 5. Fully Executed Phase V Application and Certificate for Payment No. 35 - October 2012 6. Phase II Application and Certificate for Payment No. 48 - November 2012 7. Phase III Application and Certificate for Payment No. 55 - November 2012 8. Phase IV Application and Certificate for Payment No. 53 - November 2012 9. Phase V Application and Certificate for Payment No. 36 - November 2012 10. Program Packaging and Development Services (PPDS) Provider Update 11. Bevlar & Associates Inc. Construction Contract Monitoring and Compliance Services Monthly Report for Addendum 1 Phase V Project- October 2012 12. Inclusion Development Associates, Inc. Construction Contract Compliance Monitoring Monthly Report for Phase III CO #1 - October 2012 13.Compliance & Administrative Services of New York Compliance Monthly Report for Phase V - October 2012 REFERREDTO THE SPECIAL COMMITTEE ON EDUCATION NO. 42 M. LOCURTO -A. MCKINNEY- TESTIMONY RE LIVING WAGE NO. 37 LIQUOR LICENSE APPLICATIONS Address Business Name Owner's Name 3199 Main St Molly's Pub Michael Miranda 875 Bailey(Transfer License) Schu -Shine Inn Susan Michel 1206 Hertel Canvas @1206 Vincent Caruso RECEIVED AND FILED NO. 38 REPORTS OF ATTENDANCE I transmit herewith communications received by me, from the various boards, commissions, agencies and authorities reporting the membership attendance at their respective meetings: x Buffalo Sewer Authority RECEIVED AND FILED NO. 39 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 November 29, 2012 in the Department of Parking, Division of Parking Enforcement to the Position of Laborer II, Seasonal appointment at the Minimum salary of $12.06/hr Tishawn A. Campbell, 161 Marine Dr Apt 7H, Buffalo, NY 14202 CERTIFICATE OF APPOINTMENT Appointment effective December 5, 2012 in the Department of Parking, Division of Parking Enforcement to the Position of Laborer II, Seasonal appointment at the Minimum salary of $12.06/hr Thomas Karbowski, 216 Rebecca Park, Buffalo, NY 14202 NO. 40 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 November 26, 2012 in the Department of Public Works, Parks and Streets, Division of Buildings to the position of Sr 1 sc class Stationary Engineer, Temporary(as Required), Non Competitive at the Flat Salary of $15.00 /hr Patrick Donohue, 2 Harvey Place, Buffalo, NY 14210 CERTIFICATE OF APPOINTMENT Appointment effective November 26, 2012 in the Department of Public Works, Parks and Streets, Division of Buildings to the position of Laborer II, Permanent, Non Competitive at the Minimum Salary of $22,423.00 David Irlbacher, 21 Ridgewood Ave, Buffalo, NY 14220 CERTIFICATE OF APPOINTMENT Appointment effective November 26, 2012 in the Department of Public Works, Parks and Streets, Division of Streets to the position of Motor Equipment Mechanic, Permanent, Open Competitive at the Minimum Salary of $23,721 John Fiegel, 12 South St, Buffalo, NY 14204 NON - OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON - OFFICIAL COMMUNICATIONS, NO. 41 LP CIMINELLI -BOARD PACKET DOCUMENTS DECEMBER 2012 Memorandum Attached are the following documents from the Joint Schools Construction Board meeting scheduled on December 3, 2012: 1. Draft Agenda 2. Meeting Minutes from JSCB Meeting dated November 5, 2012 3. Fully Executed Phase III Application and Certificate for Payment No. 54 - October 2012 4. Fully Executed Phase IV Application and Certificate for Payment No. 52 - October 2012 5. Fully Executed Phase V Application and Certificate for Payment No. 35 - October 2012 6. Phase II Application and Certificate for Payment No. 48 - November 2012 7. Phase III Application and Certificate for Payment No. 55 - November 2012 8. Phase IV Application and Certificate for Payment No. 53 - November 2012 9. Phase V Application and Certificate for Payment No. 36 - November 2012 10. Program Packaging and Development Services (PPDS) Provider Update 11. Bevlar & Associates Inc. Construction Contract Monitoring and Compliance Services Monthly Report for Addendum 1 Phase V Project- October 2012 12. Inclusion Development Associates, Inc. Construction Contract Compliance Monitoring Monthly Report for Phase III CO #1 - October 2012 13.Compliance & Administrative Services of New York Compliance Monthly Report for Phase V - October 2012 REFERREDTO THE SPECIAL COMMITTEE ON EDUCATION NO. 42 M. LOCURTO -A. MCKINNEY- TESTIMONY RE LIVING WAGE Dear Mr. Chwalinski: Please file the attached item for further discussion at the next Common Council session to be held on December 11 th 2012. Thank you in advance for your assistance in this matter. MICHAEL J. LoCURTO Delaware District Councilmember Testimony by Abraham McKinney via video Civil Service Committee, Buffalo Common Council December 4th, 2012 Hi, my name is Abraham McKinney. I've been working for the City of Buffalo for about 10 years and I would love to be able to be able to be there today to explain my side, but I need to work today or 1 won't get paid. I don't have days off, I don't have sick days so I can take off, so I can't be there and I hope this will be sufficient. I'd like to speak on the resolution that you have before your committee today in regards to the living wage, the back pay of the living wage. We the seasonal sanitation workers that worked hard for that money, we earned it, we deserve it, and we aren't getting paid. I would like to know why we aren't getting paid, perhaps you can tell us. The City won't. They took it to court the past for years. And during that time, each time the courts have given a ruling to us. We won. So why won't the city act on what they've already taken to court. Secondly, either they are going to be willing to give it to us or they're not. That's why I'm trying to present this to you, the committee in regards to it. So that hopefully we get some kind of resolution to this. We worked for it, we earned, and we deserve it. REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 43 SENECA GAMING CORP- UPDATE REGARDING ONGOING BFLO CREEK DEV Dear Mayor Brown: As we near the end of 2012, we are very proud of what we collectively have accomplished at Buffalo Creek and even more excited about what the future holds. Much has happened since the parties first began discussing the development of an Inner Harbor casino, including our endurance through one of the most significant economic downtowns in history. Notwithstanding the challenges and economic headwinds that continue to this day, Seneca Gaming Corporation, its owner the Seneca Nation of Indians, and the City have all pressed on. The Inner Harbor is poised for a period of unparalleled growth and success. As you know, SGC (and its subsidiary, Seneca Erie Gaming Corporation), together with the Nation and the City of Buffalo, entered into an agreement in October 2006. That agreement set forth certain projections and intentions with respect to operation of a permanent Buffalo Creek facility. We hope to complete construction and commence operations of the permanent facility next year. This correspondence is intended to provide some updates relevant to our Buffalo Creek facility, including various aspects of our Employment, Marketing and Development Construction accomplishments throughout 2012. The remainder of this letter provides you with summaries applicable to each of those three (3) topics. We hope you find the content both informative and illustrative of our ongoing commitment to work with the City to maximize our shared success and that of the Inner Harbor. EMPLOYMENT HIGHLIGHTS The Seneca Gaming Corporation (SGC) remains committed to employing City of Buffalo residents, minorities and women at our Seneca Buffalo Creek Casino Actual employment percentages of Buffalo residents, minorities and women exceed intentions and goals discussed in 2006. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 44 D. SMITH - CONCERNS BFLO PUBLIC SCHOOLS AND TITLE I FUNDING MEMORANDUM I would like to file the attached information for the next Common Council meeting to be held on December 11, 2012. Thank you. Dear Chairman of the Education Committee Demone Smith and the Buffalo Common Council: The District Parent Coordinating Council Title 1 Committee is writing to request that you enact your "Power to Investigate" to start an investigation into the Buffalo Public Schools use of the Title 1 program's entitlement fund. We would like to propose a meeting on December 7, 2012 to meet in Council Chambers. The purpose of this meeting and investigation is to ensure that the Buffalo Public Schools are in compliance with No Child Left Behind - Non - regulatory guidance regarding sections 11.14, target assisted schools; 11.15, school wide schools; and 11.16, Public School Choice and the SES programs. We are concerned that there have been no evaluations done by the BPS to guarantee that the funds are being used to benefit our students. We recommend that BPS Director of Title 1 be asked to attend to answer questions about the evaluations; also, State Education Department, Roberto Reyes regarding oversight. Additionally contacting: Congressmen Brian Higgins and Charles Schamer and Congresswomen Louise Slaughter and Kirsten Gillenbrand, to attend also ask them to invite someone from Department of Education to attend. It will benefit the students and the community at large by assisting in this matter. Thank you for your support. Sincerely, REFERRED TO THE SPECIAL COMMITTEE ON EDUCATION NO. 46 D. VALENTINE - COMINGLING AT 76 W. CHIPPEWA Lux Entertainment Event To Whom, it May Concern: Please allow this correspondence to serve as notice to the City o£ Buffalo on our behalf that on Thursday, December 6. 2012, Lux Entertainment Facility will be hosting an entertainment event that includes live performances by recording artist Andria Baunee and DJ Ace. This event will be open to patrons who are at least eighteen (!8) years of age. It is our understanding that the City of Buffalo .Zoning Ordinance, Chapter 511, Section § 511 -68.8 (E)(2) will not be applicable to our establishment on December 6, 2012 or upon any other date that our establishment provides similar entertainment, Section § 511 -68.8 (E)(2) does not include within the definition of tavern' establishments that provide musical or stage productions or amusement entertainment and recreational facilities." As such. due to the live entertainment that we will provide to the public, we do not fall under the purview of Section § 511 -68,8 (E)(2). Should you dispute our interpretation of Section § 511 -68.8 (E)(2), please contact the undersigned immediately Furthermore, should you seek any further information regarding this event please don't hesitate to contact the undersigned REFERRED TO THE COMMITTEE ON LEGISLATION NO. 46 P. WOLF- ARTICLE RE NEED FOR A PROCUREMENT POLICY BOARD How the City of Buffalo awards millions of dollars in contracts is important. In 2006 the Buffalo Common Council amended the City Charter by creating a Procurement Policy Board to: - Encourage cooperative purchasing among city departments and agencies - Address policies for soliciting bids and awarding contracts - Establish standards and procedures to determine whether contractors are acting responsibly - Standardizing and simplifying city contracts The public perception right Or wrong is that city contracts are awarded to companies due to campaign contributions and political connections. When one law firm gets $4 million of legal contracts (more than all other forms combined), and one towing company receives almost 90 percent of towing contracts, it adds to the public perception that something is not right in how city government operates: The article below provides more information about the need for a Procurement Policy Board http: / /artvoice.com /issues /vl In46 /guest essay Perhaps a Resolution from an interested Councilmember could get the ball rolling on forming a Procurement Policy Board. As always I am available to help draft such a Resolution if needed. RECEIVED AND FILED PETITIONS NO. 47 M. TRAN, OWNER, USE 3396 BAILEY FOR A RESTAURANT IN A SPECIAL DISTRICT (HRG 12/18)(UNIV) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 48 M. YUHNKE, OWNER, USE 244 ALLEN RE- ESTABLISH ABANDONED RESTRICTED USE OF TAKE -OUT REST AND SIDEWALK PATIO (HRG 12/18)(FILL) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 49 A. ALI, OWNER, USE 472 MAIN ST FOR A RETAIL STORE (HRG 12/18)(ELL) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD REGULAR COMMITTEES CIVIL SERVICE (BONNIE E. RUSSELL, CHAIRPERSON) NO. 50 APPOINT CITY AUDITOR(EXEMPT)(KAUFMAN)(COMPT) CCP #9, 11/27 Mrs. Russell moved That the above item be the same and hereby is Received and Filed ADOPTED NO. 51 APPOINT CAULKER SUPERVISOR I(PERM)(STEP V)(MCMANUS)(PW) CCP #17, 11/27 Mrs. Russell moved That Communication 17of November 27, 2012, be received and Filed and that the Permanent appointment of Patrick McManus, 223 Dearborn St, Buffalo, NY 14207 at the 5 t- Step of $43,605.00 is hereby approved PASSED AYES -7 NOES -0 NO. 52 NOTICES OF APPOINTMENTS - TEMP /PROV /PERM(CTY CLK) CCP #27, 11/27 Mrs. Russell moved That the above item be the same and hereby is Received and Filed ADOPTED FINANCE (CHRISTOPHER P. SCANLON, CHAIRMAN) NO. 53 FIRST QUARTER GAP - 2012- 2013(A &F) CCP #23, 11/27 Mr. Scanlon moved That the above item be the same and hereby is Received and Filed ADOPTED COMMUNITY DEVELOPMENT (JOSEPH GOLOMBEK, JR., CHAIRMAN) NO. 54 SUBRECIPIENT AGREEMENT BETWEEN THE CITY OF BUFFALO AND THE CITY OF BUFFALO URBAN RENEWAL AGENCY FOR THE ADMINISTRATION AND MANAGEMENT OF THE CITY OF BUFFALO FEDERAL HOME PROGRAM (STRAT PLAN) (ITEM NO. 8, C.C.P., NOV. 27, 2012) Mr. Golombek moved: That the above item be, and the same hereby is returned to the Common Council without recommendation That the Common Council hereby approves the use of the HOME funds in an amount up to $722,856.00 for the subrecipient agreement; approves the terms and provisions in the HOME Subrecipient Agreement as set forth in said agreement as attached to November 27, 2012 communication from the City's Office of Strategic Planning on this matter; authorizes pertinent City personnel to take all such steps and actions and to draft and execute such agreement and documents as shall be reasonably necessary to achieve the purpose and objectives of the HOME Subrecipient Agreement and otherwise to secure BURA's compliance with the HOME funding source requirements and the requirements of the City of Buffalo; authorizes the Corporation Counsel's Office to process the HOME Subrecipient Agreement and all related agreements and negotiate same to finalization, including such terms and provisions as are recommended by pertinent City offices; and authorizes the Mayor and /or the Executive Director of the City's Office of Strategic Planning to execute the complete HOME Subrecipient Agreement and all related documentation on behalf of the City of Buffalo. PASSED AYES -7 NOES -0 NO. 55 LITTLE LIBRARY PROGRAM STATIONS WITHIN THE CITY RIGHT -OF -WAY (PW) (ITEM NO. 12, C.C.P., NOV. 27, 2012) Mr. Golombek moved: That the above item be, and the same hereby is returned to the Common Council with a recommendation for approval; That the Common Council hereby refers this item to the Planning Board for the necessary site plan review and approval. If approved by the Common Council and the Planning Board, the Common Council shall authorize the Commissioner of the Department of Public Works, Parks and Streets, pursuant to Chapter 413 -67 of the City Charter (Encroachment Regulations), to issue a "Mere License" to Mr. Ben Johnson, Executive Director of the Parkside Community Association to install ten (10) "Little Libraries" within City rights -of -way at various locations in the Parkside area upon the following conditions: 1. That the Parkside Community Association obtain any and all other City of Buffalo approvals and /or permits necessary; 2. That the exact location of the proposed stations be approved by the Department of Public Works, Parks and Streets prior to installation; 3. That the Little Libraries be installed exactly as shown on plans submitted to and approved by the Division of Engineering; 4. That the stations be a minimum of 18" from the curb line as described in Chapter 413 -67(a) of the City Charter; 5. That permission be obtained from affected property owners to utilize the abutting City right -of -way; 6. That the stations installer notifies Dig Safely New York (1- 800 - 962 -7962) two (2) working days before the installation as required by New York State Code 753; and 7. That the Parkside Community Association be responsible for maintenance of the Little Libraries as long as they remain within the City right -of- way. PASSED AYES -7 NOES - 0 LEGISLATION (DARIUS G. PRIDGEN, CHAIRMAN) NO. 56 R. FRANKS, AGENT, USE 1209 DELAWARE TO ERECT A POLE SIGN (ELL) (DPIS) (ITEM NO. 39, C.C.P., NOV, 27, 2012) Mr. Pridgen moved: That the above item be, and the same hereby is returned to the Common Council without That the application of R. Franks, Agent, to erect a pole sign at Harbor Nursing Care Center located at 1209 Delaware Avenue is hereby approved Designed as a gateway sign Clearance of at least 14 feet 6 inches as required for fire truck access PASSED/ W /COND AYES -7 NOES -0 NO. 57 M. LOCURTO -TIME WARNER FACES LAWSUIT OVER FEE FOR LEASE OF MODEM (C.C.P #36, NOV 27) Mr. Pridgen now moves that the above item be Received and Filed. ADOPTED SPECIAL COMMITTEES EDUCATION (DEMONE A. SMITH) NO. 58 LP CIMINELLI BOARD PACKET DOCUMENTS -NOV 2012 CCP#43, 11/13 Mr. Smith moved That the above item be the same and hereby is Received and Filed ADOPTED RESOLUTION NO. 59 BY: MR. FONTANA RE: WAIVER OF FEES FOR ST. BERNARD'S CHURCH HANDICAP ACCESS RAMP Whereas Recent downsizing of parishes by the Diocese of the City of Buffalo has resulted in the closing of many local neighborhood churches; and Whereas: As a result, many congregations have merged to form new parishes; and Whereas St. Bernard's Church located at 1990 Clinton St. remains an active and thriving parish serving the Kaisertown neighborhood; and Whereas There are a considerable number of senior citizens who attend services at St. Bernard's Church and who walk to Mass each morning; and Whereas In order to accommodate the physical disabilities of these parishioners the Parish is constructing a handicap access ramp to the Church building; and Whereas The cost for this construction falls entirely on St. Bernard's Church, which is a not - for - profit organization. Now, Therefore, Be It Resolved: That the Common Council hereby requests that the Department of Permit and Inspection Services waive any and all fees associated with the construction of the handicap access ramp at St. Bernard's Church at 1990 Clinton St. Be It Further Resolved: That a copy of this resolution be forwarded to Commissioner James Comerford of the Department of Permit and Inspection Services. PASSED AYES -7 NOES -0 NO. 60 BY MR. FONTANA WAIVER OF 2013 ROOM USE FEES FOR THE WEISS STREET BLOCK CLUB Whereas Block clubs are immeasurably beneficial to the various communities throughout the City of Buffalo; and Whereas Block clubs serve as a way for neighbors to communicate with both one another and their elected representatives in order to address problems and formulate plans for maintenance and improvement of the community; and Whereas The residents of Weiss St in the Lovejoy District have formed the Weiss St. Block Club; and Whereas Formation of a block club entails obtaining several permits for purposes including usage of community centers and other facilities for regular meetings; and Whereas Block clubs are comprised of all volunteer members and are self - reliant for means of fundraising. Now, Therefore, Be It Resolved: That the Common Council hereby requests the Department of Public Works waive any and all room rental fees for use of the Machnica Community Center by the Weiss Street Block Club for the upcoming 2013 year. Be It Further Resolved: That a copy of this resolution be forwarded to Ms. Arlene Mustafa in the Department of Public Works Parks Division. PASSED AYES -7 NOES -0 NO. 61 BY MR. FONTANA WAIVER OF FEES FOR 2012 -13 LOVEJOV NEW YEAR'S EVE BALI DROP Whereas Each year on New Year's Eve the City of Buffalo holds a ball drop celebration downtown which attracts thousands of people from all across the region; and Whereas Unfortunately, factors including weather, crowd size, traffic and travel jams, etc. prevent some from being able to participate in the downtown New Year's Eve ball drop celebration; and Whereas The Head East Civic Club is an organization that works tirelessly to serve the Lovejoy community; and Whereas Each year the Head East Civic Club organizes a community ball drop celebration on Lovejoy Street in the parking lot of Lovejoy Discovery School #43; and Whereas This year the Ball Drop will be held on Monday, December 31 sc from approximately 8:00 pm until Midnight; and Whereas The annual Lovejoy New Year's Eve Ball Drop is an alcohol -free and family - friendly event that allows all members of the Love joy community to enjoy an exciting live ball drop that is close to home; and Whereas The Lovejoy New Year's Eve Ball Drop is a completely free event featuring snacks, Buffalo Police Officers, Buffalo Firefighters, music, and horse and carriage rides provided at the volunteer effort and expense of the Head East Civic Club. Now, Therefore, Be It Resolved: The Common Council hereby requests that the Office of Special Events waive any and all application fees associated with the 2012 -13 Lovejoy New Year's Eve Ball Drop special events application, in order to defray some of the costs incurred by the Head East Civic Club in organizing this free community event. PASSED AYES -7 NOES -0 NO. 62 SPONSORS: COUNCILMEMBERS LOCURTO, RIVERA, PRIDGEN AND FRANCYZK : URGING THE U.S FOREIGN AFFAIRS COMMITTEE TO HOLD HEARINGS RELATED TO UGANDA'S "ANTI- HOMOSEXUALITY BILL." WHEREAS, In April 2009, the Ugandan Parliament passed a resolution allowing Member of Parliament (MP) David Bahati to submit a private member's bill to strengthen laws against homosexuality, called "The Anti - Homosexuality Bill of 2009" and often referred to as "The Kill the Gays Bill;" and, WHEREAS, The bill was proposed on October 13 2009 by Bahati and is based on the foundations of "strengthening the nation's capacity to deal with emerging internal and external threats to the traditional heterosexual family ", that "same sex attraction is not an innate and immutable characteristic ", and "protecting the cherished culture of the people of Uganda, and the legal, religious, and traditional family values of the people of Uganda against the attempts of sexual rights activists seeking to impose their values of sexual promiscuity on the people of Uganda; and," WHEREAS, The legislation strengthens the criminalization of homosexuality in Uganda by introducing the death penalty for people who are considered serial offenders, are suspected of aggravated homosexuality" and are H1 V- positive, or who engage in sexual acts With those under 18 years of age; and, WHEREAS, People who are caught or suspected of homosexual activity will be forced to undergo HIV tests; Ugandans who engage in same -sex sexual relations outside Uganda will likewise fall under the jurisdiction of this law, and may be extradited and charged with a felony. Furthermore, if passed, the bill will require anyone who is aware of an offense or an offender, including individuals, companies, media organizations, or non- governmental organizations that support LGBT rights, to report the offender within 24 hours. If an individual does not do so he or she is also considered an offender and is liable to a fine or imprisonment up to three years; and, WHEREAS, existing laws criminalize homosexual behavior with prison sentences lasting up to 14 years. These laws are remnants of British colonialism and designed to punish what colonial authorities deemed "unnatural sex" among local Ugandan people, despite the popular belief throughout Africa and the African diaspora that homosexuality was imported by Europeans, and is commonly referred t0 as the "white man's disease;" and, WHEREAS, The Anti - Homosexuality Bill of 2009 has since received a tremendous amount on international scrutiny and pressure, delaying the vote in parliament until 2012; where current Speaker of Parliament Rebecaa . Kadaga has vowed to pass the bill in 2012, saying in November 2012 that Uganda will pass the bill by the end of 2012 as a "Christmas gift" to its advocates; and, WHEREAS, Uganda is not unique in its treatment of sexual minorities, and homophobia is a pervasive trans - national and trans - cultural problem, cuing across all political and religious boundaries; but Uganda's particular legal sanctions pose an exceptional human rights threat to the estimated 500,000 gays and lesbians living in Uganda, and create the potential for legally sanctioned genocide; and, WHEREAS, It is imperative that the United States Congress take action to investigate human rights abuses against the LGBT community in Uganda, and do everything in its power to stop any legislation that legalizes the killing, torture, and unjust incarceration of homosexuals in Uganda; and, NOW, THEREFORE, BE IT RESOLVED THAT: The City of Buffalo Common Council hereby condemns the Anti - Homosexuality Bill in Uganda, and expresses its anger and abhorrence at the treatment of sexual minorities in Uganda and beyond; and, BE IT FURTHER RESOLVED THAT: The City of Buffalo Common Council calls upon Western New York Congressional Representative Brian Higgins to hold hearings on the human rights violations in Uganda, and the nature and intent of the Anti - Homosexuality Bill in the Foreign Affairs Committee, of which he is a member; and, BE IT FURTHER RESOLVED THAT: A copy of this resolution be sent to United States Congressional Representatives Brian Higgins and Louise Slaughter and to United States Senators Kirsten Gillibrand and Charles Schumer ADOPTED NO. 63 SPONSOR: MICHAEL J. LOCURTO RE: WAIVING PERMIT FEES FOR BUFFALO POND HOCKEY AT DELAWARE PARK WHEREAS: The Buffalo Pond Hockey Committee has been dedicated toward bringing free, outdoor public pond hockey and ice skating back to the City of Buffalo for over a year; and, WHEREAS: In the Fall of 2012, the group worked in conjunction with the Olmsted Parks Conservancy to build and maintain two man -made outdoor ice rinks located at the Parkside Lodge beginning on December 20, 2012; and, WHEREAS: The group is now receiving an extension of their permit to use and maintain the rinks for the remainder of the 2012 -2013 winter season; and, NOW, THEREFORE, BE IT RESOLVED: That the Common Council waives any permit fees that will be needed for the Buffalo Pond Hockey's scheduled games and use of the rinks for as long as weather conditions allow. PASSED AYES - 7 NOES — 0 NO. 64 BY MR. RIVERA APPOINTMENT OF SENIOR LEGISLATIVE ASSISTANT TO NIAGARA DISTRICT Whereas: On November 23, 2022, the Senior Legislative Assistant position was vacated; and Whereas: After a hiring process was completed, it was determined Sean Mulligan should fill the position; and Whereas: Sean Mulligan has worked in the Niagara District since August 2012 and is familiar with the roles and responsibilities of the position. Now, Therefore, Be It Proclaimed: The Common Council appoints Sean Mulligan to the position of Senior Legislative Assistant for the Niagara District. ADOPTED NO. 65 BY CHRISTOPHER P. SCANLON URGE NYS DEPARTMENT OF TRANSPORTATION TO FAST TRACK SKYWAY PLAUSIBILITY REVIEW WHEREAS, Preserving the Buffalo Skyway, a limited access, aesthetically unpleasing, 1.4 mile long and 110 -foot tall expressway, will hinder the possibility of future economic development along the Buffalo Outer Harbor and Canalside, which have both recently experienced tremendous rebirths, WHEREAS, Cities like San Francisco, Milwaukee, and Seoul, South Korea experienced significant economic and environmental benefits after removing elevated highways similar to the Buffalo Skyway, WHEREAS, According to the NYSDOT's "Skyway Management Study ", released in 2008, preservation costs for the next 20 years alone are projected to exceed $100 million, WHEREAS, The safety and well -being of the citizens of Buffalo who reside in areas of the city patrolled by police officers from the A- District is compromised several times per winter when the Skyway is closed due to severe weather, when as many as 7 A- District police officers must be dispatched to carry out the closing. Note that A- District is responsible for the largest geographical area of the city, encompassing all of South, sections of Fillmore, and sections of Lovejoy districts, WHEREAS, United States Congressman Brian Higgins and New York State Assemblyman Michal Kearns have been longtime champions of the removal of the Skyway, working tirelessly for several years to ensure that economic development is not prohibited along our beautiful city's waterfront, WHEREAS, On November 5, 2012, in a letter to Congressman Higgins, NYSDOT Commissioner Joan McDonald acknowledged that "it is appropriate to identify and assess alternatives to the continued existence of the Skyway" and that a plausibility review would be conducted, WHEREAS, Commissioner McDonald has publicly shown personal support towards the idea of removing the elevated stretch of Interstate 81 in Syracuse, NY, which is structurally similar to the Skyway, NOW, THEREFORE, BE IT RESOLVED, That the Common Council of the City of Buffalo respectfully requests that the New York State Department of Transportation conduct the Skyway plausibility review swiftly and immediately, taking into serious consideration the severe economic impact the Skyway will continue to have on Buffalo's waterfront if left standing, BE IT FURTHER RESOLVED, That the City Clerk forward a copy of this resolution to Commissioner Joan McDonald of the New York State Department of Transportation, 50 Wolf Road, Albany, NY 12232. ADOPTED NO. 66 BY CHRISTOPHER P. SCANLON INCREASED APPROPRIATION EMPLOYMENT & TRAINER 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; 12557006 - 480000 Employment and Training - Other Services - Wellness Grant, be and the same are hereby increased in the sum of $ 50,000. That the comptroller be and hereby is authorized and directed to transfer the sum of $50,000 from the 10253030 - 365003 -10389 Employment & Training - Wellness Grant to meet this increased appropriation as set forth below: From 10253030 - 365003 -10389 Employment & Training- Wellness Grant $ 50,000 To: Employment & Training - Wellness Program $ 50,000 PASSED AYES -7 NOES -0 NO. 67 BY: MR. SMITH COUNCIL MEMBER SCANLON EXCUSED FROM COUNCIL MEETING RESOLVED: That Council Member Christopher Scanlon, be and hereby is excused from attendance at the Common Council Meeting of December 11, 2012. ADOPTED. NO. 68 BY MR. SMITH FELICITATIONS /IN MEMORIAM Attached hereto are Felicitation and In Memoriam Resolutions sponsored by Members of the Common Council as indicated: Felicitation for Various (WNY Distinguished 30 Under 30 Award Recipients) By Councilmember Pridgen RECEIVED AND FILED NO. 69 BY: DEMONE A SMITH APPOINTMENTS COMMISSIONERS OF DEEDS REQUIRED FOR THE PROPER PERFORMANCE OF PUBLIC DUTIES That the following person(s) are hereby appointed as Commissioner of Deeds for the term ending December 31, 2014, conditional upon the persons so appointed certifying under oath to their qualifications and filing same with the City of Buffalo. SEE ATTACHED LIST Total: 766 Adopted 12/11/12 141 City Employees, 12/11/12: SUSANJ.ANDERSON ANTHONY A. ANDO DEBRA A. BAGAROZZO ANIELA BAJ -THANT RICHARD A. BALESTERI JUDY S. BANKS PAUL M. BANYI ROBERT BARRALI CHARLES BARTOLOTTA MARYLOW BARTUS HERBERT BELLAMY, JR. FRANK BIFARO MARK DENNIS BLAKE BRYAN J. BOLLMAN THOMAS ALAN BRODFUEHRER JOHN V. CAPUTO VINCENT J. CAPUTO DEBRA CAROSA STEVEN M. CASEY MICHAEL CASTRO MILDRED CASTRO JOSEPHJ.CATANZARO JOHN M.CLEARY, JR. PAUL CLIFT RONALD COLLINS SYLVIA COLLINS ANTHONY COSTANTINO SAMUEL P. COTRONEO KEVIN COYNE PATRICK J. CURRY CHRISTOPHER F. CURTIN TIMOTHY M. CURTIN JILL C. CZEKALSKI LaSHAWN DAVIS JOHN DEINHART JOSEPH 0. DENECKE CRISTY MARIE DIAS FRANK L. DiGENNARO FRANK DiJAMES CHARLES DiSALVO MICHAEL D. DONOVAN WILLIAM C. DONOVAN RONALD R. DRAFFIN. DAMON EVANS SAMUEL J.FANARA GARY V. FAZIO ROBERT J. FELSCHOW, JR. VINCENT P. FERRARACCIO KEVIN FITZGERALD KATHY FITZPATRICK GERALDINE FORD SANDRA FRIEDAY -LEWIS WINSTON A. FRITZ GENE M, FRONCZAK RICHARD FULINARA JAMES GALLAG H E R DAVID P. GILMOUR DAVID L. GILSON CAROLE GETZ KEVIN GOLDING JOSEPH GOLOMBEK, JR. DAVID J. GRUNDY PAMELA GRZEBIELUCHA JAMES LOUIS HANNERS BRIAN HAYDEN KEVIN J. HELFER DAVID HENSLEY BRIAN HIGGINS TANIKA HUBBARD AMY C. HUGHES JAMES N. JACKSON MARKJASKULA VERONICA A. KAIT CHERYLA.KANE CHRISTINE KASIANOWICZ TIMOTHY KEENAN WHITNEY B. KEMP PETER KLEMANN ARTHUR KOSTRZEWA DAVID KRUG TRACY A. KRUG JACK L. KULHANEK JOSEPH M. LATONA DWAIN LAWS JOANN LoCICERO CHRISTIAN LOCKWOOD PATRICK LONERGAN JOHN J. LYNCH WILLIAM MANUSZEWSKI MICHAEL L. MARCY VITO DANIEL MASIELLO STACEY MASULLO MICHAEL P. MAZGAJEWSKI TODD McALLISTER JACQUELINE A. McCARTHY RAYMOND K. McGURN HOLLY McNAMARA JAMES J. MESSINA ROSALIND R. MILLER MARION MISKOVSKI PAMELA A. MIX -RUSH CHARLES P. MOORE SEAN MULLIGAN MICHAEL MUSCARELLA CHRISTIE NELSON CATHY NOGUERA KEITH B. OGDEN THOMAS J, OLEJNICZAK MICHAEL O'NEILL KATHERINE ORLANDO JOHN PALAMARA JILL M. PARISI CATHERINE A. PERRY JOSEPH PETRONELLA LOUIS J. PETRUCCI PATRICIA A. PIERCE STEVEN L. PIERI TINA E. PILKEY JOHN P. PLEVNIAK JUDITH PORTO JEFFREY T. RICKENS JOSEPH RIGA BEATRICE E. ROUSE HEATHER A. SCARDINO MICHAEL J. SCHIEBER KIMBERLY A. SMILEY JESSICA M. SMITH RONALD SOKOLOWSKI DENICE ANN SOLE FELICA STANLEY MICHAEL ROBERT SULLIVAN WILLIAM SUNDERLIN JOSEPH J. TOMIZZI TIMOTHY J. VON DER EMPTEN ANGELA WHITE JOYCE D. WILLIAMS GARNELL W. WHITFIELD, JR, RASHEED N. C. WYATT DAVID ZAFUTO PAMELA ZAWISTOWSKI GARY W. ZIOLKOWSKI 19 City Law Dept, 12/11/12: Timothy A. Ball Delia Cadle Bryan Dolin TheArthur Duncan Linda S. Fabian Alan P. Gerstman John Vincent Heffron Kathleen T. Henry David Lesniowski Sarah E. Miller Joel C. Moore Jacob Osher Kathleen Palka- Armstrong Janet R. Poydock Robert Emmet Quinn Denise M. Sandarelli Evelyn Soto Megan N. Steele Lawrence Wolff 35 City BMHA Employees, 12/11/12: Stephanie Amico Diane Blachura Brian F. Burk Audrey Cannizzaro Rhonda Cannon Joyce M. Donovan Shirley A. EI -Amin Salvatore C. Falzone Peggy J. Feldman Elaine Garbe Alexis Hargro Reshedda Hatten Melinda Hill Aliethia L. Hokes Shirley D. Jackson Jamie L. Johnson Shannon L. Johnson Beverly Ann Kaminski Jason Kowiak Doreen M. Leidolph Mia M. Moore Sharon L. Nelson Elwood Parsons Suzanne M. Piccolo Yolanda Rodriguez Darwin Rogers Annesa Rowland Denise Sanchez Maria D. Suarez Robert B. Thomas Ivy Torres Nancy Uzdygan Tamara M. VanWey Evelyn Viera Gaynell Williams 154 City Police Employees, 12/11/12: Blersch, Sailie Buyers, Deborah A. Cotter, Edward M. Gordon, Dana King, Amelite C. Podsiadlo, Kathleen M. Sikorski, Christina Acker, Sharon Allen, Gall M. Antonio Sr., Mark S. Barba, Paul L. Barrett, Daniel Battle, John Berent, Vera Blady, Marian Borczynski, Rose M. Bowers, Laurie A. Brown, Sandra D. Bursie, Ernest W. Byrne, Gregory C. Cairns, Suzanne Carier, Charles P. Caruso, John W. Connolly, Nancy A. Costantino, Mark R. Costantino, Molly A. Craig, Linda D. Dee, James T. Delano, Paul R. DeLong, Michael A. Demps, Valerie M. DiPaolo, Karyn M. Dowell, Shawn M. Dragone, Margaret Duncan, Mable M. Farley, John P. Fay, Sharon A. Fiscus, Patricia A. Fitzpatrick, Mark J. Ftowers, Michael J. Foster, Chiquita A. Fdcano, Rosemary Fusco, Diane M. Galante, Paola R. Ganci, Linda Garcia, John Gentzler, Patricia Gibbons - Glinski, Kelly A. Gramaglia, Joseph Granda, Rene L. Griggs, Marlene Guadagno, Lori M. Hall, Marlin L. Hanley, Mary E. Hartmann, Norman Gerard Hussar, Michele T. Jaskula, Sheila D. Jentz, Ronald Jones, Kerry F. Jones, Melinda M. Jones, Nicole S. Keane, Kathleen M. Keane, Kevin J. Kelly, Louis A. Kilcoyne, Melissa A. Kochersberger, Christopher S. Kolb, Rosemarie S. Kopp, Douglas H. Kwiatkowski, Fay M. Labedz, Darren Langhorne, Jenyne B. LaPiana, Anthony Lark, Rickey V. Lawson, Margaret A. Lema, James A. Lewis, Stacy E. Locicero, Mark K. Lonergan, James P. Lorenzo, Irma Lundin, Carl Madigan, Joy L. Makowski, Joseph Malec, Scott R. Mantione, Barbara J. Mahoney, Brian F. Marrero, Shawna M. McGrath Jr, John F. McGrath Leo McLellan, Harold M. Mikolajewski, Deborah Militello, Charles G. Milks, Lynn M. Milligan, Lynn Mordino, Michael A. Mourgas, Nicholas Mulhern, Deborah Muranyi, Karen E. Murphy, Janet M. Mydlarz, Anna Napierala, Robyn Nasca, Debra K. Nowadly, Ellen M. O'Brien, Laurie A. O'Keefe, Theresa L O'Rourke, Patrick Ortiz, Richard A. Ostrowski, Phyllis Paradowski, John Paul, Kevin Perez, Edwin Perez, Natalie Perry, Debra D. Pratts, Mario T. Price, Carrie B. Pyszczynski, Carole Rambino, David J. Redmond, Daniel Redmond, Lissa Rinaldo, Jeffrey Rogers, Frances Rooney, Timothy Rosenswie 111, Robert V. Ross, Brian G. Scheer, Elizabeth Schneider, Laura J. Schuster, Mary Pat Serafini, Margaret Sikorski, Janet V. Smith, Jessica C. Smith, Sandra Stabler, James A. Stanchak, Linda D. Starkey, Thomas M. Stanford, Michelle Sturm, Kim M. Sullivan Jacquelirre Supples, Terrence M. Teague, Gary E. Terranova, Carl Thrist, Lovinia Tibbs, Vatasha Tomassi, Kimberly A. Turner, Steven Valvo Salvatore A. Wagstaff Richard W. Watkins Sr, Ivan A. Watts, Bebee J. Weyand, Jeffrey R. Wiles, Sheila M. Williams, Jeannette T. Wojtanik, Maureen Wrest, Patricia Young, Christine J. Zdon, Deborah 11 Federal Employees, 12/11/12: KAREN S. BARONE SHARON T. BECK MAE E, JACKSON CHERYL A. KINMARTIN MADELINE C. MARRONE LAURA ROGERS KEA D. RUSCH MARY PAT TYLER MARQUITA R. WHITEHEAD DANIELLE BANKOSKE LEAH MITCHELL 73 County Board of Elections, 12/11/12: Michael Agostino Thomas Aikin Mario Alaimo Stephen Altieri Allison Arnold Edward Bennett Beth Bochiechio Jonathan Bondi George Campbell Dennis Crangle Carron Crump Arthur O. Eve Jr. Art Denz Mel Domagalski Don Freling Mark Gabryszak Kathleen Galla Thomas Giancarlo Thomas Gleed Dan Graffam Jerry Grasso Mary Ann Gray Richard Hawkins Thema Harbin Robert Hellwitz Heather Humiston Lenny Jerozal Matthew Jowsey Julie Kane Ross Kostecky David Ksiazek Shawn Lavin Thomas Lenard Scott Leuthe Harrell Little Terrence MacKinnon Edgar Martinez Sandie Mendola Sandra McGowan Maureen McGurn Cheryl Mulholland Jessica Overholt Gary Pajonk Charles Panzarella Ivory Payne Wendy Pietrzak Adrian Pinto Darien Pratchett Jeffrey Quinn Michael Raab Robert Reynolds Greg Robinson Amanda Rojas Kerry Saunders Samuel Scinta Cynthia J. Selden Gabriel Sorrentino Terry Stoner Derrick Syposs Juliet Szymanski Kelly Terranova Jacqueline Todorov Emily Trimper Vianne Uthman Timothy Volkert Kevin Wegryn Summara Wilson Julie Wnek Ryan Gall Wojtowicz James Wong Jerome E. Wszalek Connie Zellner Scott Zylka 44 County Employees (Central Police & D.A), 12/11/12: JOHN ABRAHAM CLARISSA ACOSTA KRISTEN M. ALBERT JEFFREY BANAS MARY LOU BARTUS KRISTEN M. BETKER DEBRA CAROSA JOSEPHJ.CATANZARO JOHN M.CLEARY, JR. SYLVIA COLLINS ANTHONY COSTANTINO SAMUEL P. COTRONEO DONALD A CROWE JILL C. CZEKALSKI JOSEPH 0. DENECKE WILLIAM C. DONVAN AMANDA FINBAR WINSTON A. FRITZ AMY C. HUGHES JOANN LoCICERO PAUL D. MAZUR JACQ UELINE A. McCARTHY ROSALIND R. MILLER MARION MISKOVSKI CATHY NOGUERA BERT PANDOLFINO PATRICIA A. PIERCE TINA PILKEY JOSEPH PETRONELLA JEFFREY T. RICKETTS JOSEPH RIGA MELANIE A. RUSSELL MICHELLI SCHMITZ JOHN PAUL SIMICH JOSEPH A SPINO MARK R. STAMBACH HEATHER A. SUMMERS KEVIN F. SUTO PHILIP TORRE MARK J. VAUGHN JOHN T. VICKERD CAROL A. WEIGAND BARBARA J. WEISS DENISE A. WICKETF 9 County Employees, 12/11/12: Suzanne Albini Mary Cartwright Markita Edwards Stacy Hanson Melissa Klonowski Jennifer McCann Kristine Rohloff Kimberly Rowell Alicea Wirth - Gonser 6 County Employees, 12/11/12: Robin L. Dmochowski Mark E. Leffler Philip L. Queeno Joseph S. Dembski Gregory J. Jacobs Gary McPike 242 County Employees, 12/11/12: Aiello Catherine Aikman Dorothy Anderson, Christopher Arinci, Maria Baczkowski, David Baker, Sherry Ballesteros, Mary A. Barca, Mary Barill, Lauri Barnas, Julie Bartz, Cheri Batcho, Christine Baumgaucher, Lynn Becker, Audra Bey, William Billings, Sean Biniewski, Marcella Blaszkowiak, Maria K. Bleden, Laurie Blenker, Bonnie Bodack, Jaclyn Bourdette, Sarah Bowers, Elaine Brenner, Jill Brozyna, Catherine Bryant, Melinda Bryant, Melinda Bryant, Tiffiany Bub, Debra Burgstahler, Susan Burke, Catherine Burton, Susan Caputi, Esther Carabello, Cindy Carmer, Claire Casey, Rachel Caster, Diane Champagne, Douglas Chinn, Lashawn Chmielewski, Joanne Coburn, Gina M. Cole, Annette Collins, Frederick Connolly, Rosemary Cook, Wendy Costello, Colleen Courtemanche, Linda Courtemanche, Linda Cowan, Emily J. Crangle, Leigh Cravatta, Judith Croxie, Angela Cruz, Mike Curry, Kerry Curtis, Kerry Daniels, Julie Davis Kizzy Deamer, Brad Dearlove, Cheryl Deck, Constance J. Deisz, Robert Deloach, Janet Delucci, Mary Demmons, Christine DiChristina, Joyce Dietz, Mary B. Dion, Pamela Dirr, Michele DiVito, Patricia Drobits, Sharon Duncan, Susan Dziekonski, Judith Dziewa, Lisa Erwin, Juanita Evans, Carly Evens, Catherine Faltisco, Mary Ellen Farr, Barbara Farrell, Nancy Farrell, Sharon Fertita, Christine Filipski, Jane Fitzgerald, Maureen Ford, Josine Fort, Judy Franceschi, Michelle Frydrychowski, Donna Gardinier, Shirley Gavin - Pokrandt, Janine Ginter, Sharon Girard, Patricia Gonciarz, Kathy Goodie, Greg Goosman, Gena Gould, Carly Grace, Peter Green, Donna Griffith, Patricia Hairston, Carol Halaiski, Renata Hamilton, Linda Hapka, David Harper, Sharon Hernandez, Rose Hicks, Robin Hildebrand, June Hill, Judith Hoch, Irene Hudson, Jeanette Hunter, Judy Itzenplitz, Susan Jackowiak, Denis Jackson, Averricia Jensen, Eileen Jester, Susan Johns, Cara Josik, James Jowsey, Mary Kaczmarek, Diane Kamionka, Patricia Karam, Michael Kedzierski, Andrew Keller, Julie Kleotzer, Josette Klinck, Karen Kline, John Klosko- Sorrentino, Amy Knapp, Christine Kotaska, Jonathan Koval, Catherine Krug, Robert Krull, Darcy Krull, Bonnielyn Kruzicki, Susan Kujawa, Gavin Kulinski, David Lauria, Theresa Lawrence - Smith, Deborah Leojne, Victoria Lestition, Charles Lillis, Thomas Logan, Stacy Lorrens, Denise Lowinger, Aaron Luderman, Judith Lutman, Karen Maglietto, Tina Malave, Diana Malave, Adriana Maldonado, Rosa Mann, Dean Mann, Cathleen Marinof, Ann Martens, Lynn Maue, Paula Mayo, Michelle McCloskey, Gregory J. McHugh, Kristen McQuillan, Roderick Meckes, Susan Miklos, Carin Milholland, Norma Miller, Sandra Minorczyk, Julie Mischel, Janet Miskey, William Moorhouse, Tricia Morey, Laurie Mosley, Michelle Mucha, David Muench, Kelly Murphy, Patrick Murphy, Kevin Murray, Mary Anne Myers, Denise Neumann, John Nunz, Katherine O'Brien, Jacqueline O'Brien, Tracey O'Connor Sheila Olson, Roger Orlando, Deborah Orlowski, July Orshal, Sharon Pagan, Sonaly Parker, Tommie Passantino, Tracey Patterson, Jennifer Pecoraro, Molly Pelkey, Keith Pfeffer, Michele A. Pfenninger, Judith Pfonner, Linda Planaysky, Richard Quinn, Kevin Raczyk, Kim M. Rails, Lucy Ramunno, Lawrence Randazzo, Debbie Reach, Kathleen Redden, Valerie Redeye, Larissa Reed, Darrel Reid, Joyce Reyes- Mariano, Miquel Reynolds, Jacqueline Rinaldo, Candyce Rizzo, Carolyn A. Robb, Donna Rodriguez, Miranda Rojas, Minerva Rooney, Robert Runfola, Peter Sacco, Sue Saccomanno, Louis Saladyga, Frank A Santiago, Laurie Saxe, Diane Schaaf, Richard Scheifla, Rebecca Schinas, Ginette Schoonover, Alison Schuh, Kristen Schunk, Francis E. Scotch, Pam Seiflein, Jennifer Smith, Mary L. Solfrank, Charles Somerville, Thomas Sommer, Debra Sorrentino, Dianne Sortore, Lori Spencer, Karl Stachura, Janet Stewart, Ronda C. Stewart -Lam, Shirley Svensson, Erik Szczitka, William Szymura, Steve Terhart, Mary Terrell, Patricia 1 State Employee, RONALD DESCHENES 31 County Employees, BARONE GERALDINE CATUZZA ANDREA L CHRISTY THOMAS R COPPOLA DENISE M ESCABI MICHELLE R EVANS GARY L FENSKI PETER J FLEGAL LISA A GILMOUR MARGARET GINTER PETER G GRIFFITH NAKEYA HUDSON DALE M HUNTER DOROTHY M MANZUK, THERESA M. MARTIN KATRINA A MCLAUGHLIN ALICIA L MEEGAN TIMOTHY W MESI KIMBERLEY M MUFLAHI AMIRA ORTIZ KAREN M OTT SUSAN M OWCZARZAK DAVID H PINSKI ELAINE F PITILLO DAWN M REID MEGAN D SCHMELZER NANCY G SHAW CHERYL L SOLAZZO MARJORIE L SZAREK CARL E TAALIBA KARIYMA WARD BRENDA W ADOPTED NO. 70 BY: DEMONEA SMITH APPOINTMENTS COMMISSIONER OF DEEDS That the following person(s) are hereby appointed as Commissioner of Deeds for the term ending December 31, 2014, conditional, upon the person so appointed certifying under oath to their qualifications and filing same with the City Clerk: SEE THE ATTACHED LIST. TOTAL: 127 ADOPTED ON 12/11/12 PAID COD'S 12/11/12 Page 3 PAID COD'S 12/11/12, Page 1: SHARON A. ALLEY DANIEL F. BAILEY THOMAS G. BAKER Le ROY W. BATES, JR. JOHN G. BIDDLECOM JAMES R. BOVE JOAN A. BRASS KEITH R. BRAUN AMY BETH BROWN ERMA Y. BROWN DOROTHY L. BROWN MARGARET D. BROWN LISA BRUCATO GLORIA ANN BRYANT SHARON L. BRZEZINSKI KIMBERLY S. BUDZYNSKI WILLIAM J. BUZAK GRACE CAMPANELLA JESSICA YVONNE CAPPS GINGER Y. CARY CHERYLA.CARUANA LINDA CHIARENZA DEBORAH A. CIELENCKI PATRICIA A. CIEPIELA DAVID C. CLAYTON MICHAEL S. CLAYTON DANIEL D. CONLEY LORETTA A. CULLEN CASIMIER T. CZAMARA JAMES P. DAVIS CHARLES DAVIS, JR. ANNE De GEORGE CARL R. De VYVER PHILIP L. Di CARLO NORA A. DIGGINS ANTHONY N. DIINA PATRICIA S. DUDEK MAURICE De ANNA EASON ROBERT FELLOWS DAVID A. FILSINGER DUANE FLEMING CHRISTOPHER FLYNN ELENA FRONCZAK WAYNE J. GALLOWAY SCOTT W.GEHL DENA M GENAVESE MICHELE GIL LAURA GIST CAITLIN A. GODIN KIMBERLY GRABER PAID COD'S 12/11/12, Page 2: KATHLEEN A. GRABIEC EUGENE N. GRZECHOWIAK EMILY HACKERSON MARGARET HARPER THOMAS E.HAYDUK DEBORAH M. HERBERT ROGERS HICKS CLINTON HOLCOMB TERRYLIN P. HUDSON EDMUND H. HUNTE JAMES L. JACKSON JANICE W. JACKSON LAUREN M. JEDNAK STANLEY A. JEMIOLO, JR. CHRISTINE M. JEWITT BRUCE HOGAN JOSEPH KOPACK SANDRA A. KOPACZ CHERYL L. KOSTREWA JENNIFER KUZMA RHONDA LAW PAULA M. LICATA GLORIA LONG BRENNA L. MAGER - GAWRONSKI FRANK L. MARKS, SR. KATHLEEN F. MARION GUY R. MARLETTE MARY ALICE MASON MICHELLE A. MAZZONE MARGARET M. McLAUGHLIN KATHLEEN MERWIN MELISSA J. MEYER DEANNA JO MILEWSKI DIANE MILLER YVONNE S. MINOR -RAGAN KEVIN MUSIOR EMILY NEISH TODD NIBBE MARIAN NOWACZYK NORBERT D. ORLOWSKI CRAIG V. PALLADINO LINDA L. PARKER BARBARA A. PEOPLES EVA N. PEREZ MARIA H. PIETRAS JUDITH A. PIWOWAR CRAIG POSMANTUR DOREEN S. POSMANTUR MARYANN PYRAK HERBERT A. RICHARDSON JESSICA RODRIGUEZ BETH M. SALATKA DANIEL M. SALATKA KYLE T. SALLEY SUSAN M. SANBORN JULIENNE SANDS LISA M. SCERRA ERIC SCHIFFMAN ANTHONY B.SCHUG CATHE SPIN LAURA B. SWEAT PATRICIA S. SZGESNY LUCINDA M. TAFT PAMELA TAIT - KWIATKOWSKI GRACE M. TOMASULO VIRLEE H. TOWNSEL BETTY J. TRYJANKOWSKI DONNA J. VACCARO MARITZA VEGA DIANE WEIR - JEROZAL THOMAS WEISBECK DANIELLE TIFFANY WELTY CHARLEEN M. WILLARD MICAH WINSHIP SYLVIA YOUNG JENNIFER YUHNKE DAVID ZABINSKI ADOPTED NO. 71 ANNOUNCEMENT OF COMMITTEE MEETINGS The following meetings are scheduled. All meetings are held in the Common Council Chambers, 13 floor City Hail, Buffalo, New York, unless otherwise noted. Regular Committees Committee on Civil Service Tuesday, December 18, 2012 at 9:45 o'clock A.M. Committee on Finance following Civil Service Tuesday, December 18, 2012 at 10:00 o'clock A.M. Committee on Comm. Dev. Tuesday, December 18, 2012 at 1:00 o'clock P.M. Committee on Legislation Tuesday, December 18, 2012 at 2:00 o'clock P.M. (Public Disclaimer): All meetings are subject to change and cancellation by the respective Chairmen of Council Committees. In the event that there is sufficient time Given for notification, it will be provided. In addition, there may be meetings set up whereby the City Clerk's Office is not made aware: therefore, unless we receive notice from the respective Chairmen, we can only make notification of what we are made aware. NO. 72 ADJOURNMENT On a motion by Mr. Smith, Seconded by Mrs. Russell, the Council adjourned at 2:30 PM GERALD A. CHWALINSKI CITY CLERK