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HomeMy WebLinkAbout13-0122NO. 2 PROCEEDINGS OF THE CITY OF BUFFALO JANUARY 22, 2013 MAYOR Hon. Byron W. Brown COMPTROLLER Mark J. F. Schroeder COMMON COUNCIL PRESIDENT OF THE COUNCIL LOVEJOY DISTRICT RICHARD A. FONTANA PRESIDENT PRO TEMPORE UNIVERSITY DISTRICT BONNIE E. RUSSELL MAJORITY LEADER MASTEN DISTRICT DEMONE A. SMITH DISTRICT COUNCIL MEMBERS DAVID A FRANCZYK - FILLMORE JOSEPH GOLOMBEK JR. — NORTH CHRISTOPHER P. SCANLON -SOUTH MICHAEL J. LO CURTO — DELAWARE DARIUS PRIDGEN - ELLICOTT DAVID A. RIVERA- NIAGARA REGULAR COMMITTEES CIVIL SERVICE COMMITTEE: Bonnie E. Russell Chairman, David A. Franczyk, Christopher P. Scanlon, Demone A. Smith- Members CLAIMS COMMITTEE: David A. Rivera Chairman, Joseph Golombek, Jr., Michael J. LoCurto, Bonnie E. Russell - Members COMMUNITY DEVELOPMENT COMMITTEE: Joseph Golombek, Jr., Michael J. LoCurto, Darius G. Pridgen, David A. Rivera, Bonnie E. Russell - Members FINANCE COMMITTEE: Christopher P. Scanlon, Chairman, Michael J. LoCurto, Darius G. Pridgen, Bonnie E. Russell, Demone A. Smith - Members. LEGISLATION COMMITTEE: Darius G. Pridgen, Chairman, David A. Franczyk, Joseph Golombek, Jr., David A. Rivera, Demone A. Smith, - Members. RULES COMMITTEE: Richard A. Fontana, Chairman, Bonnie E. Russell, Demone A. Smith - Members SPECIAL COMMITTEES BUDGET COMMITTEE: Demone A. Smith, Chairman, Joseph Golombek, Jr., Christopher P. Scanlon, Darius G. Pridgen, David A. Rivera - Members EDUCATION COMMITTEE: Demone Smith, Chairman, Joseph Golombek, Jr., Christopher P. Scanlon, Darius Pridgen - Members MINORITY BUSINESS ENTERPRISE COMMITTEE: Demone Smith Chairman, Joseph Golombek Jr., David A. Rivera, Bonnie E. Russell — Members POLICE OVERSIGHT: Joseph Golombek, Jr., Chairman, David A Franczyk, David A. Rivera, Bonnie E. Russell — Members PUBLIC TRANSPORTATION: Chairman, Christopher P. Scanlon, Michael J. LoCurto, David A. Rivera, Bonnie E. Russell- Members WATERFRONT DEVELOPMENT COMMITTEE: Chairman, Christopher P. Scanlon, David A. Franczyk, Joseph Golombek, Jr., Demone A. Smith - Members INVOCATION PLEDGE TO FLAG DATE January 22, 2013 FINAL MAYOR Pump Station(Nia) 1. Designation of Nominees for Reappointment to Bd of Trustees 24- 21. Bflo & EC Library CS MAYOR — EXECUTIVE City Court Cleaning(Ell) 2. Cit Serv- Submission of Monthly Report- December 2012 R &F 22. 3. Plan Bd -SEQR- Negative Declaration -396 Kenmore(Univ) R &F 26- 4. Plan Bd -SEQR- Negative Declaration -1738 Elmwood R &F 5- 4A Strat Plan- Amendments to the Emergency Solutions Grant, 2011 -12 Annual 24. Retaining Wall Within City ROW -Timon HS Action Plan and Housing Opportunities for Persons With Aids Grant APP 6- 4B Strat Plan- Amendment to Subrecipient Agmt Btwn COB and CS 29- BURA -CDBG Programs APP 7- 4C Strat Plan- Amendment to Subrecipient Agmt Btwn COB and 27. Appoint Senior Engineer (Perm)(Max)(Hoffert) BURA -HOME Programs APP 8- 5. Strat Plan- Disposition of Real Property -602 Fourth St(Ell) CD 9- 6. Strat Plan- Report of Sale -123 Arkansas(Nia) CD 10- 7. Strat Plan- Report of Sale -1295 Fillmore(Mas) APP 11- 8. Strat Plan- Report of Sale -34 Herman and 36 Herman(Fill) CD 12- 9. Strat Plan- Report of Sale -898 Kensington(Univ) CD 13- 10. Strat Plan- Report of Sale -181 Sumner(Lov) APP 14- 11. Strat Plan- Report of Sale -83 Sussex(Mas) APP 15- 12. Strat Plan- Report of Sale -683 E. Utica(Ell) APP 16- 13. Strat Plan -Truel Bethel Townhouses -PILOT Agreement Amendment APP ,Ke t ' elmm 17- 14. Interfund Cash Loan -Bflo River Corridor Brownfield Opportunity Area APP 18- 15. Interfund Cash Loan - Tonawanda St Corridor Brownfield Opportunity Area APP 19- 16. Interfund Cash Loan -Bflo Harbor Brownfield Opportunity Area APP 20- 17. Appoint Financial Operations Administrator (Prov)(Inter)(Fanton) CS MANAGEMENT INFORMATION SYSTEMS 21- 18. Appoint Special Assistant to Chief Info Officer(Exempt)(Hypolite) CS PUBLIC WORKS 22- 19. Change in Contract -Police Headquarters Emergency Window Replacement(Ell) = APP 23- 20. Perm to Engage Services of Consulting Eng -Rehab of Pump at Mass Ave POT.TC',F 31- 28. Drug Asset Forfeiture Wire Transfers R &F 32- 28A Appoint Police Officers(Perm)(Min)(Felshow III, Kimmins, McDonald, Herbert, Dembinska, Saleh, Tripp, Kozlowski, Velez, McAlister, Sullivan, Christopher, Norwood, Jr., Wilson, Kausch, Anderson, Moretti, Bannister, Kubiak, Ambellan, Dickenson) CS CORPORATION COUNSEL 33- 29. Appoint Special Assistant to the Corporation Counsel(Exempt)(Thompson) CS PERMITS AND INSPECTIONS Pump Station(Nia) APP 24- 21. Perm to Extend Agmt With NYS Industries for the Disabled City Court Cleaning(Ell) APP 25- 22. Perm to Increase Contract - Bergmann Assoc APP 26- 23. Reduction in Retention - City -Wide Sidewalk Repl APP 27- 24. Retaining Wall Within City ROW -Timon HS APP 28- 25. Appoint Account Clerk Typist(Perm)(2nd Step)(Masullo) CS 29- 26. Appoint Caulker Supervisor I(Perm)(Interm)(Sullivan) CS 30- 27. Appoint Senior Engineer (Perm)(Max)(Hoffert) CS POT.TC',F 31- 28. Drug Asset Forfeiture Wire Transfers R &F 32- 28A Appoint Police Officers(Perm)(Min)(Felshow III, Kimmins, McDonald, Herbert, Dembinska, Saleh, Tripp, Kozlowski, Velez, McAlister, Sullivan, Christopher, Norwood, Jr., Wilson, Kausch, Anderson, Moretti, Bannister, Kubiak, Ambellan, Dickenson) CS CORPORATION COUNSEL 33- 29. Appoint Special Assistant to the Corporation Counsel(Exempt)(Thompson) CS PERMITS AND INSPECTIONS 34- 30. Food Store License(New) -272 Georgia(Fill) LEG 35- 31. Food Store License(New) -314 Hampshire(Nia) APP 36- 32. Food Store License(New) -791 Tonawanda(North) LEG 37- 33. Garbage Collector License(New) -785 South Ogden(Lov) LEG 38- 34. Restaurant Dance License Renewal -26 Allen(Fill) APP 39- 35. Restaurant Dance License Renewal -445 Delaware LEG 40- 36. Restaurant Dance License Renewal -1108 Elmwood LEG 41- 37. Restaurant Dance License Renewal -35 E. Ferry aka 33 E. Ferry APP 42- 38. Second Hand Dealer -1860 Seneca St(South) APP ADMINISTRATION AND FINANCE 43- 39. Request Permission to Purchase Software for Fire Dept from a Sole Source APP SEWER AUTHORITY 44- 40. 2011 -2012 Comprehensive Annual Financial Report R &F CITY CLERK 45- 41. Liquor License Applications R &F 46- 42. Leaves of Absence R &F 47- 43. Reports of Attendance R &F 48- 44. Appoint Leg Asst to Council Staff (Scarcello) ADOPT 49- 45. Notice of Appointment - Seasonal R &F 50- 46. Notices of Appointments- Temp/Prov/Perm CS MISCELLANEOUS 51- 47. Buffalo Water Bd Monthly Report- December 2012 R &F 52- 48. LP Ciminelli -Board Packet Documents - January 2013 ED 53- 49. R. Felschow III - Request Leave of Absence R &F 54- 50. D. Pridgen- Concerns Existing Outdoor Wood Boilers LEG 55- 51. D. Pridgen- Enhanced Gun Violence Reduction Program LEG PETITIONS 56- 52. D. Serra, Owner, Use 1487 Hertel Ave to Re- Establish Existing Restaurant and Sidewalk Cafe in Hertel Ave Special Zoning District(hrg 1 /29)(Del) LEG,CPBD 57- 53. A. Antonucci, Owner, Use 1197 Hertel to Re- Establish Use of Restaurant in the Hertel Ave Special District(hrg 1 /29)(Del) LEG,CPBD 58- 54. F. Crngarov, Owner, use 2516 Main -For Underground Storage Tank, Erect 1 Story Masonry Retail W/Fuel Station and Pole Sign(hrg 1 /29)(Del) LEG,CPBD 59- 55. J. Lyons, Owner, Use 535 Elmwood to Open Existing Restaurant in The Elmwood Ave Special Zoning District(hrg 1 /29)(Nia) LEG,CPBD 60- 56. M. Goldman, Owner, Use 245 Allen to Expand a Current Rest(hrg 1 /29)(Fill)LEG,CPBD RESOLUTIONS 85- 56A Fontana Appoint Marriage Officer(Golombek, Jr.) ADOPT 86- 56B Golombek Waive Fee for Club 49ers Annual Easter Egg Hunt APP 87- 56C Golombek Disch CD CCP# 25, 11/13 /2012 - Seneca Bflo Creek Casino Enter Agmt Improv to ROW ADOPT D/C APP 88- 57. Pridgen Amanda Lynn's Law ADOPT RES' S REM TO LEG 89- 58. Pridgen Set Public Hearing - Disposition of Real Property -602 Fourth St - ADOPT 90- 59. Pridgen Disposition of Real Property -602 Fourth St(hrg 2/05) CD 91- 60. Pridgen Smoke Free Initiative LEG 92- 61. Russell Budget and Personnel Amendment - Councilmember 3 APP 93- 61AA. Russell,etc Procedure for Swearing in Certain Individuals Testifying Under Oath Before the Common Council ADOPT 94- 61A. Smith Appoint Chief of Staff - Council Staff(Wyatt) ADOPT 95- 62. Smith Appoint Legislative Assistant - Council Staff(Scarcello) ADOPT 96- 63. Smith Appoint Assistant Legislative Aide Masten District(Marks) ADOPT 97- 64. Smith Appoint Sr. Legislative Assistant IV Council Staff(Fortune) ADOPT 98- 65. Smith Comm of Deeds Public Duties ADOPT 99- 66. Smith Comm of Deeds ADOPT SUBMISSION LIST OF COMMITTEE ITEMS FOR THE COUNCIL MEETINGS CIVIL SERVICE 61- 1. Com13 Jan 8 Appoint Chief Pumping Plant Engineer(Perm)(5 Step)(Appenheimer)(PW) APP 62- 2. Com 14 Jan 8 Appoint Chief Pumping Plant Engineer(Perm)(5 Step)(Fatig)(PW) APP 63- 3. Com 15 Jan 8 Appoint Filtration Plant Maint Supervisor I(Perm)(2 Step)(McCleary) APP 64- 4. Com 18 Jan 8 Appoint Sec to Comm of Admin & Fin(Exempt)(Brown)(A &F) R &F 65- 5. Com 19 Jan 8 Appoint Collection Officer(Bryant)(5 Step)(Perm)(A &F) APP 66- 6. Com 29 Jan 8 Notices of Appointments- Temp /Prow /Perm(Cty Clk) R &F FINANCE 67- 7. Com 3 Jan 8 Comprehensive Annual Financial Report -FY Ending June 30, 2012(Compt) R &F 68- 8. Com 10 Dec 26 Report on Prescription Drug Expenses(Compt) R &F 69- 9. Res 81 Oct 2 Participatory Budgeting in the COB(exc res's)(LoCurto,etc) ADOPT COMMUNITY DEVELOPMENT 70- 10. No 44 Dec 26 J. Golombek -Letter Encouraging Apple to Build in Buffalo R &F 71- 11. No 52 Oct 30 A. Butt & O- Petition for Sidewalk Repairs Woltz Avenue R &F 72- 12. No 43 Oct 16 P. Freeman - Request to Speak Re Proposed Plan Mixed -Used Comm Sports R &F 73- 13. No 45 Oct 16 N. Roman -Bflo & EC Community Plan to End Homelessness R &F LEGISLATION 74- 14. Com 22 Jan 8 Application for Restricted Use Permit - Downtown Ent Rev District - 75 W. Chippewa(Ell)(2 /1) APP 75- 15. Com 23 Jan 8 Application for Restricted Use Permit - Downtown Ent Rev District - 75 W. Chippewa(Ell)(2 /14) APP 76- 16. No 32 Jan 8 D. Prigden- Current Status of 500 Block of Main St. Properties R &F 77- 17. No 46 Dec 26 D. Pridgen -A. Cole- Concerns Rite Aid Truck Driver R &F 78- 18. No 49 Nov 13 D. Pridgen -A. Buchanan - Concerns on Mortimer St R &F 79- 19. No 37 Oct 16 M. Andrzej ewski-Trocaire College Req for Parking Spot and a No Standing Zone_R &F 80- 20. No 72 Oct 2 C. Kambar, Agent, Use 998 Broadway for a Ground Sign(Fill)(no pub hrg)( 492,9/6)(78,11/15) R &F 81- 21. Res 76 June 12 Tobacco -Free Initiative on the Buffalo Niagara Medical Campus(Pridgen) R &F 82- 22. No 53 Nov 27 Restaurant Dance License(New) 262 Delaware(Ell)(EDPI)( 432, 11/13) APP 83- 23. Com 27 Oct 30 Lodging House License -1253 Broadway(Fill)(EDPI) APP W /COND 84- 24. Com 22 Nov 27 Second Hand Dealer -442 William(Ell)(EDPI) RECOMMIT CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO TUESDAY, JANUARY 22, 2013 AT 2:00 P.M. Present — Richard A. Fontana, President of the Council, and Councilmembers: Franczyk, Golombek Jr., LoCurto, Pridgen, Rivera, Russell, Scanlon, Smith— 9 Absent — None - On a motion by Mr. Smith, Seconded by Mrs. Russell, the minutes of the stated meeting held on January 8, 2013 were approved. FROM THE MAYOR NO. 1 DESIGNATION OF NOMINEES FOR REAPPOINTMENT TO THE BOARD OF TRUSTEES OF THE BUFFALO AND ERIE COUNTY LIBRARY Pursuant to Section 6212 of the Unconsolidated Laws, being Chapter 768, Section 2 of the Laws of 1953, transmitted herewith are my designated nominees to the Board of Trustees of the Buffalo and Erie County Public Library. The County Executive, subject to confirmation by the County Legislature, will appoint one nominee for a 5 year term. Elaine Panty, 28 Henrietta Avenue, Buffalo, New York, 14207 Elaine Panty has served on the Board of Trustees of the Buffalo and Erie County Public Library for the past twenty -four years. She currently serves as Board Secretary, Chair of both the Policy and Special Collections Committees, as well as a member of the Executive, Development, Buffalo Library Services and Planning Committees. Jessica Maglietto- Smith, 480 Woodward, Buffalo, New York, 14214 Bernadette Taylor, 143 Walnut, Buffalo, New York, 14204 1 hereby certify that the above designees are fully qualified to serve as members of the Board of Trustees of the Buffalo and Erie County Library. Byron W. Brown, Mayor REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE MAYOR - EXECUTIVE DEPARTMENT THE OFFICE OF CITIZEN SERVICES NO. 2 SUBMISSION OF MONTHLY REPORT- DECEMBER 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 December 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 FILED FROM THE CITY PLANNING BOARD NO. 3 PLAN BD -SEQR NEGATIVE DECLARATION -396 KENMORE(UNIV) SEQRA Notice of Determination Non Significance Negative Declaration This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (8EQR - State Environmental Quality Review) of the Environmental Conservation Law. Lead Agency: City of Buffalo Planning Board Room 901, City Hall 65 Niagara Square Buffalo New York 14202 As per the provisions of 8EQR, the Lead Agency has reviewed the following action as it relates to the environment: Action Title Mighty Taco Location: 396 Kenmore Avenue Type of Action: uncoordinated- unlisted Description: Zaxis Architectural on behalf of Mighty Taco Inc. is proposing the renovation of the existing building located at 396 Kenmore Avenue Buffalo New York. The project will include significant interior renovations along with facade updates to transform a former bank branch and truck driver school into a restaurant. The restaurant will feature a dining room, 4 -6 Seasonal outdoor tables and a drive through service. The exterior facade updates include raising a portion of the parapet to create an entrance feature, modifying the exterior windows and drive thru canopy will remain and be painted. The remaining existing metal panels will be removed and be replaced with exterior insulation finish systems (EIFS). The existing brick will remain and an infilling of existing wall opening will be completed with new painted brick. The site modifications include new perimeter sidewalks to accommodate the seasonal seating, new exterior cooler /freezer unit painted to match the brick color. Also, a new vinyl fence dumpster enclosure will be added. The drive -thru will be extended to increase the vehicle stacking, accommodate the menu board and preview board along with a landscaped area. As a result of this Environmental Review, the Lead Agency has determined the undertaking of this action win 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: This project will benefit the surrounding community by renovating a site that currently is in decent shape however it is home to trucks, buses and other vehicle used for training new drivers as well as large obtrusive signs advertising the CDL business. 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 Thomas Chwalinski, Senior Planner Room 901 City Hall, Buffalo New York 14202 - 716 851 -5082 Dated: January 15, 2013 RECEIVED AND FILED NO.4 PLAN BD -SEQR- NEGATIVE DECLARATION -1738 ELMWOOD SEQRA Notice of Determination Non Significance Negative Declaration This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (SEAR - State Environmental Quality Review) of the Environmental Conservation Law. Lead Agency: City of Buffalo Planning Board 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 The Distillery Lofts LLC Location: 1738 Elmwood Avenue Type of Action: Type 1 - Coordinated Description: Rocco Termini is proposing the renovation of the building located at 1738 Elmwood Avenue Buffalo New York. Currently 1738 Elmwood Avenue is a vacant 90,000 Sq. Ft. warehouse that was previously occupied by FWS Furniture Company. The building is located In census tract 55 which is below the median income. The building is in the process of being placed on the National Historic Register. The new use of the building will include a distillery, restaurant, offices and sixty apartments. The exterior will be restored to its original look with all the windows that were originally in the building refaced in kind. The majority of the restoration will be interior as well as the addition of approximately 100 parking spaces. A similar project is proposed nearby together will begin to create a new walkable community that is in close proximity to Buffalo State College and the Grant Amherst Business District. It is also located on the # 20 Elmwood Avenue bus route that leads to both Downtown Buffalo as well as north to the Village of Kenmore. The project is being reviewed by the NYS Office of Parks. Recreation and Historic Preservation and approval is expected. 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 This project will add significantly to the recent rejuvenation of a strong, thriving community helping to move forward the neighborhood effort to create a new well balanced urban neighborhood. 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 nave a significant adverse impact on the environment. For further information relative to this Negative Declaration contact Mr. Thomas Chwalinski Senior Planner Room 901 City Halt. Buffalo New York 14202 - 716 851 -5082 Dated: January 15, 2012 RECEIVED AND FILED FROM THE OFFICE OF STRATEGIC PLANNING NO. 6 STRAT PLAN - AMENDMENTS TO THE EMERGENCY SOLUTIONS GRANT, 2011 -12 ANNUAL ACTION PLAN AND HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS GRANT 2009 AND 2010 ANNUAL ACTION PLANS Attached for Your Honorable Body's consideration, please find an amendment to the 2011 and 2012 Emergency Solutions Grant (ESG) from the City of Buffalo's Annual Action Plans. HUD allocated additional funding in the amount of $396,740 for the 2011 ESG Program. This allocation will increase the 2011 ESG allocation and contracts that are currently in place with BURA. The 2012 ESG portion of the annual action plan was amended to comply with new regulations set forth in the Hearth Act. The 2012 ESG grant amendment has revised its allocations and includes e rapid re- housing component which focuses on placing individuals and households into permanent housing. Also attached for your consideration is an amendment for the HOPWA Program. This amendment reallocates 2010 funds from Group Ministries to the American Red Cross. Group Ministries was unable to conduct the program which includes short term rent, mortgage and utility assistance, permanent housing placement, support services, and admin costs. The American Red Cross is the only agency that conducts the same program and services and has agreed to carry out this activity. In addition, unused funding from 2009 for the American Red Cross will be rolled forward to American Red Cross' allocation in the current year. Pursuant to HUD's citizen participation requirements, the City conducted a Public Hearing on April 11, 2012 for the 2011 ESG Amendment and on November 15, 2012 for the 2012 ESG and HOPWA amendments. No comments were received on the HOPWA Amendment and one comment from the Homeless Alliance was received on the 2012 ESG Amendment (attached). The comment was reviewed and taken into consideration for the upcoming 2013 -14 Annual Action Plan. Mr. Smith moved: That the above item be, and the above communication from the Office of Strategic Planning, dated January 17, 2013, be received and filed; That the Common Council hereby accepts the amendment to the 2011 and 2012 Emergency Solutions Grant (ESG) from the City of Buffalo's Annual Action Plans. HUD allocated additional funding in the amount of $396,740.00 for the 2011 ESG Program, which will increase the 2011 ESG allocations and contracts that are currently in place with the Buffalo Urban Renewal Agency. That the Common Council hereby accepts the amendments to the HOPWA Program which reallocates 2010 funds from Group Ministries to the American Red Cross. PASSED AYES 9. NOES 0 NO. 6 STRAT PLAN - AMENDMENT TO SUBRECIPIENT AGMT BTWN COPB AND BURA -CDBG PROGRAMS Amendment to Subrecipient Agreement between the City of Buffalo and the City of Buffalo Urban Renewal Agency for Administration and Management of the City of Buffalo federal CDBG Programs Item NO. 3, C.C.P. July 24, 2012 Item No.3, C.C.P. October 30, 2012 Item No. 64 C.C.P. November 13, 2012 Your Honorable Body is hereby requested to approve an amendment to the previously approved Subrecipient agreement between the City of Buffalo and the City of Buffalo Urban Renewal Agency (BURA) for administration and management of the federal CDBG funds by BURA (Subrecipient Agreement). The Subrecipient Agreement was previously approved by the Common Council on November 13, 2012. The proposed amendment to the Subrecipient Agreement would incorporate the following: 1. Expand the Program Delivery Activities to include administration and management of open prior year CDBG activities; 2. Expand the Program Delivery Activities to include origination and management of CDBG loans and /or grants during the term of the Agreement; 3. Modify the BURA HOME operating budget to include additional contract services to BURA in order to fulfill these and all other tasks and duties under the Subrecipient Agreement; and 4. Allow for reimbursement of administrative costs from prior federal allocations, if necessary. The original contract amount is increased to $2,961,396.00 to account for an additional consultant contract included in BURA's administrative costs for the period through April 30, 2013. A draft of the amendment to the Subrecipient Agreement is attached for your reference. This Office requests and recommends that Your Honorable Body: 1. Approve the terms and provisions in the attached draft Subrecipient Agreement Amendment; 2. Authorize pertinent City personnel to take all such steps and actions and to draft and execute such agreements and documents as shall be reasonably necessary to achieve the purposes and objectives of the Subrecipient Agreement and Amendment and otherwise to secure BURA's compliance with the CDBG funding source requirements and the requirements of the City of Buffalo; 3. Authorize the Corporation Counsel's Office to process the Subrecipient Agreement and Amendment and all related agreements and negotiate same to finalization including such terms and provisions as are recommended by pertinent City offices; and 4. Authorize the Mayor and /or the Executive Director of the City's Office of Strategic Planning to execute the completed Subrecipient Agreement Amendment and all related documentation on behalf of the City of Buffalo. Executive Director, Office of Strategic Planning Brendan R. Mehaffy Mr. Smith moved: That the above item be, and the above communication from the Office of Strategic Planning, dated January 14, 2013, be received and filed; That the Common Council hereby approves an amendment to the previously approved subrecipient agreement between the City of Buffalo and the City of Buffalo Urban Renewal Agency (BURA) for administration and management of the federal CDBG funds by BURA. The Subrecipient Agreement was previously approved by the Common Council on November 13, 2012. The proposed amendment to the Subrecipient Agreement would incorporate the following: 1. Expand the Program Delivery Activities to include administration and management of open prior year CDBG activities; 2. Expand the Program Delivery Activities to include origination and management of CDBG loans and /or grants during the term of the Agreement; 3. Modify the BURA HOME operating budget to include additional contract services to BURA in order to fulfill these and all other tasks and duties under the Subrecipient Agreement; and 4. Allow for reimbursement of administrative costs from prior federal allocations, if necessary. PASSED AYES 9 NOES 0 NO. 7 STRAT PLAN - AMENDMENT TO SUBRECIPIENT AGMT BTWN COB AND BURA -HOME PROGRAMS Amendment to Subrecipient Agreement between the City of Buffalo and the city of Buffalo Urban Renewal Agency for Administration and Management of the City of Buffalo federal HOME Program PRIOR COUNCIL REFERENCE: Item No. 8, C.C.P. November 27, 2012 and Item No. 54, C.C.P. December 11, 2012 Your Honorable Body is hereby requested to approve an amendment to the previously approved subrecipient agreement between the City of Buffalo and the City of Buffalo Urban Renewal Agency (BURA) for administration and management of the federal HOME funds by BURA (Subrecipient Agreement). The Subrecipient Agreement was previously approved by the Common Council on December ii, 2012. The Subrecipient Agreement is being amended to expand the Program Delivery of Services provided by BURA to include administration and management of open prior year HOME obligations, origination and management of HOME loans and /or grants during the term of the Agreement and amend and modify the BURA HOME operating budget to encompass these additional duties. The amendment of the operating budget increases the original funding amount to $742,371 for BURA's administrative costs for the period through April 30, 2013. A draft of the amendment to the Subrecipient Agreement is attached for your reference. This Office requests and recommends that Your Honorable Body: 1. Approve the terms and provisions in the attached draft Subrecipient Agreement Amendment; 2. Authorize pertinent City personnel to take all such steps and actions and to draft and execute such agreements and documents as shall be reasonably necessary to achieve the purposes and objectives of the Subrecipient Agreement and Amendment and otherwise to secure BURA's compliance with the HOME funding source requirements and the requirements of the City of Buffalo; 3. Authorize the Corporation Counsel's Office to process the Subrecipient Agreement and Amendment and all related agreements and negotiate same to finalization including such terms and provisions as are recommended by pertinent City offices; and 4. Authorize the Mayor and /or the Executive Director of the City's Office of Strategic Planning to execute the completed Subrecipient Agreement Amendment and all related documentation on behalf of the City of Buffalo. Brendan R. Mehaffy Executive Director, Office of Strategic Planning Mr. Smith moved: That the above item be, and the above communication from the Office of Strategic Planning, dated January 14, 2013, be received and filed; That the Common Council hereby approves an amendment to the previously approved subrecipient agreement between the City of Buffalo and the City of Buffalo Urban Renewal Agency (BURA) for administration and management of the federal HOME funds by BURA and further authorizes pertinent City personnel to take all such steps and actions and to draft and execute such agreements and documents as shall be reasonably necessary to achieve the purpose and objectives of the Subrecipient Agreement and Amendment and otherwise to secure BURA's compliance with the HOME funding source requirements and the requirements of the City of Buffalo; authorizes the Department of Law to process the Subrecipient Agreement and Amendment 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 Executive Director of the City's Office of Strategic Planning to execute the completed Subrecipient Agreement Amendment and all related documentation on behalf of the City of Buffalo. PASSED AYES 9, NOES 0 NO. 8 STRAT PLAN - DISPOSITION OF REAL PROPERTY -602 FOURTH ST(ELL) Your Honorable Body is requested to approve the sale of 602 Fourth Street, Buffalo New York (Real Property) by the City of Buffalo Urban Renewal Agency (BURA) to D'Youville College for development of athletic fields and related improvements. The BURA Board has previously approved the acquisition and subsequent sale of the Real Property at its meeting of December 27, 2012. The BURA meeting minutes are attached to this communication. Title to the Real Property is currently held by the Buffalo Economic Renaissance Corporation (BERC). BERC has negotiated a sales price based upon the fair market value of the Real Property. D'Youville College (Purchaser) is the identified purchaser for this parcel. The BERC Board has previously approved the transfer to BURA of any assets acquired through federal funds provided to BERC through subrecipient agreements with BURA. The Real Property was originally the site of a project to be completed with the use of a HUD Section 108 Guaranteed Loan originated through BERC. The Project was not completed. The failure to complete the project was an event of default under the HUD financed loan. BERC thereafter obtained title to the Real Property due to the default by the developer. The HUD 108 loan for the project was paid in full by BURA on behalf of the City of Buffalo. Thus, the Real Property was acquired under the auspices of a federal program run by BERC and is subject to transfer to BURA. To facilitate the sale of the Real Property for development, it is proposed that BURA acquire title from BERC and thereafter transfer it to D'Youville College. Upon approval by the Common Council, BURA will obtain the title to the Real Property from BERC for a $1.00 and no more and subsequently transfer the parcel to the purchaser at the negotiated sales price of $400,000. The Office of Strategic Planning requests that Your Honorable Body: 1. Approve BURA's acceptance of title to the Real Property from BERC; 2. Approve the disposition of the Real Property by BURA to D'Youville College for the sale price of $400,000.00 and authorize the BURA Vice Chair to execute a quit claim deed to convey title to the Real Property to the Purchaser, said sale to be negotiated to finalization and approved as to form by BURA General Counsel; and 3. Authorize pertinent BURA personnel to take such steps and actions and to execute such documents and agreements as shall be necessary to implement and facilitate the sale of the Real Property. Further, please be advised that in accordance with the provisions of Article 15A of the General Municipal Law, it is now necessary for your Honorable Body to set a date for a public hearing, and to direct the publication of a notice of said hearing. In the interest of time and anticipating that Your Honorable Body is willing to expedite this matter, I have taken the liberty to prepare a Resolution together with a Notice of Public Hearing for your action. Forwarded separately are the following documents: 1. Resolution setting Public Hearing 2. Notice of Public Hearing 3. Resolution approving proposed transfer of title from BURA to D'Youville College After the Public Hearing is held, Your Honorable Body may adopt a Resolution authoring the disposition of the subject property to D'Youville College. Brendan R. Mehaffy Executive Director REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 9 STRAT PLAN - REPORT OF SALE -123 ARKANSAS (NIA) The Office of Strategic Planning, Division of Real Estate has received a request from Mrs. Amino Mohamed, 127 Arkansas Street, Buffalo, New York 14213 to purchase 123 Arkansas Street. Mrs. Mohamed owns and resides at 127 Arkansas and is presently in the process of acquiring 125 Arkansas under the Urban Homestead Program. Mrs. Mohamed intends to purchase 123 Arkansas, clean and beautify the area and use the vacant lot for green space, which is adjacent to her property. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. A market analysis performed by the Division of Real Estate showing similar sales in the area range from Sixty Seven Cents ($.67) to One Dollar and Fifty Cents ($1.50) per square foot. Mrs. Mohamed has agreed and is prepared to pay Two Thousand One Hundred Dollars ($2,100), Eighty Five Cents ($.85) per square foot for the subject property. She has also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 123 Arkansas Street to Mrs. Amino Mohamed in the amount of Two Thousand One Hundred Dollars ($2,100). 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. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 10 STRAT PLAN - REPORT OF SALE -1296 FILLMORE(MAS) Report of Sale 1295 Fillmore, 161.11' N Fougeron Lot Size: 22'x 91' Assessed Valuation: $800. (Masten District) The Office of Strategic Planning, Division of Real Estate has received a request from Hopewell Baptist Church, Mr. Willie E. Murphy, Chairperson of the Trustee Board, 1307 Fillmore Avenue, Buffalo, New York 14211 to purchase 1295 Fillmore Avenue. The church is located at 1301 Fillmore and owns the building at 1307 Fillmore and the vacant lots at 1291 and 1293 Fillmore, which are all adjacent to 1295 Fillmore. The property will be used for parking and /or green space for the church. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. A market analysis performed by the Division of Real Estate showing similar sales in the area range from Twenty Seven Cents ($.27) to Eighty Three Cents ($.83) per square foot. Mr. Murphy has agreed and is prepared to pay Seven Hundred Dollars ($700), Thirty Five Cents ($.35) 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 1295 Fillmore Avenue to Hopewell Baptist Church, Mr. Willie Murphy in the amount of Seven Hundred Dollars ($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 31, 2012, be received and filed; That the offer from Mr. Willie E. Murphy, Chairperson of the Trustee Board for Hopewell Baptist Church, 1307 Fillmore Avenue, Buffalo, New York 14211, in the amount of Seven Hundred Dollars ($700.00) for the purchase of 1295 Fillmore, be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES 9 NOES 0 NO. 11 STRAT PLAN - REPORT OF SALE -34 HERMAN AND 36 HERMAN(FILL) Report of Sale 34 Herman, 296.50' N Broadway Lot Size: 30'x 132" Assessed Valuation: $1,700 36 Herman, 226.50' N Broadway Lot Size: 56'x 132' Assessed Valuation: Land $2,600 Improvement: $1,400 Total $4,000(Fillmore) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Gordon Williams, 48 Courtland Avenue, Buffalo, New York 14215 to purchase 34 Herman, a vacant lot and 36 Herman, a one family dwelling. Mr. Williams will renovate the dwelling and use as an income property and 34 Herman for green space. He has estimated the cost of renovations to be Six Thousand One Hundred Seventy Five Dollars ($6,175) and has provided proof of financial ability to complete the purchase and repair of the property. 36 Herman consists of 1,056 square feet, one and one half story frame, one family dwelling in poor condition situated on a lot 56' x 132'. The property was acquired by the City through In Rem #42 in October 2009. There have been no other qualified /eligible offers for the property, since being acquired by the City. 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. Mr. Gordon Williams commissioned Mr. Thomas Wolf, real estate appraiser, of Kirchmeyer & Associates, Inc. to estimate the fair market value of 34 and 36 Herman. He has estimated the Fair Market Value to be Five Hundred Dollars ($500) for 34 Herman, the vacant lot, and the estimated Fair Market Value to be One Thousand Dollars ($1,000) for 34 Herman, the one family dwelling. The City of Buffalo Appraisal Review Board reviewed the appraisal report and concurs with the appraiser's estimated of value. Mr. Gordon Williams has agreed and is prepared to pay a total of One Thousand Five Hundred Dollars ($1,500) for both properties. He has also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 34 and 36 Herman Street to Mr. Gordon Williams in the amount of One Thousand Five Hundred Dollars ($1,500). 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. CHRISTIE R. NELSON DIRECTOR OF REAL ESTATE OFFICE OF STRATEGIC PLANNING REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 12 STRAT PLAN - REPORT OF SALE -898 KENSINGTON(UNIV) Report of Sale 898 Kensington, 66.10'W Poultney Lot Size: 33'x 115' Assessed Valuation: $3,700 (University District) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Norman M. Bennett, Attorney at Law, for Mr. Jabr A. Abdulmajid, 1 Alma Avenue, Buffalo, New York 14215 to purchase 898 Kensington Avenue. Mr. Abdulmajid owns a grocery/dell store at 900 Kensington which is adjacent to 898 Kensington. He intends to keep the area clean and use 898 Kensington for green space. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. A market analysis performed by the Division of Real Estate showing similar sales in the area range from Thirty Six Cents ($.36) to Eighty Five Cents ($.85) per square foot. Mr. Abdulmajid has agreed and is prepared to pay Two Thousand Eight Hundred Dollars ($2,800), Seventy Three Cents ($73) 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 898 Kensington Avenue to Mr. Jabr A. Abdulmajid in the amount of Two Thousand Eight Hundred Dollars ($2,800) on condition that the purchaser signs an environmental release and indemnity agreement saving the City harmless. 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. CHR]STIE R. NELSON DIRECTOR /OF REAL ESTATE OFFICE OF STRATEGIC PLANNING REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 13 STRAT PLAN - REPORT OF SALE -181 SUMNER(LOV) Report of Sale 181 Sumner Place, 429.95' N Walden Lot Size: 30'x 125' Assessed Valuation: $2,000 (Lovejoy District) The Office of Strategic Planning, Division of Real Estate has received a request from Thankful Missionary Church, Ms. Earnestine Sangster, Chairperson of the Trustee Board, 197 Sumner Place Buffalo, New York 14211 to purchase 181 Sumner Place. The church is located at 195 Sumner and owns a two family house at 177 Sumner and a vacant lot at 185 Sumner, which are all adjacent to 181 Sumner. The property will be used to beautify the area and for green space for the church. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. A market analysis performed by the Division of Real Estate showing similar sales in the area range from Thirty Seven Cents ($.37) to Fifty Seven Cents ($57) per square foot. Ms. Sangster has agreed and is prepared to pay One Thousand Four Hundred Dollars ($1,400), Thirty Seven Cents ($.37) per square foot for the subject property. She has also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 181 Sumner Place to Thankful Missionary Church, Ms. Earnestine Sangster in the amount of One Thousand Four Hundred Dollars ($1,400). 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. CHRISTIE R. NELSON DIRECTOR OF REAL ESTATE OFFICE OF STRATEGIC PLANNING Mr. Smith moved: That the above item be, and the above item from the Office of Strategic Planning, dated December 31, 2012, be received and filed; That the offer from Ms. Earnestine Sangster, Chairperson of the Trustee Board for Thankful Missionary Church, 197 Sumner Place, Buffalo, New York 14211, in the amount of One Thousand Four Hundred Dollars ($1,400.00) for the purchase of 181 Sumner Place, 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 sane, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES 9 NOES 0 NO. 14 STRAT PLAN -REORT OF SALE -83 SUSSEX (MAS) Report of Sale 83 Sussex, 61'W Humber Lot Size: 32'x 103' Assessed Valuation: Land $ 3,100. Improvement $ 32,900. Total: $36,000. The Office of Strategic Planning, Division of Real Estate has received a request from Mrs. Temothye Peart, 64 Stewart Avenue, Buffalo, New York 14211 to purchase 83 Sussex Street. Mrs. Peart will renovate the dwelling and use as an income property. She has estimated the cost of renovations to be Twenty Thousand Dollars ($20,000) and has provided proof of financial ability to complete the purchase and repair of the properly. 83 Sussex consists of 1,332 square feet, two story frame, one family dwelling in poor condition situated on a lot 32' x 103'. The property was acquired by the City through In Rem #41, in October 2007. There have been no other qualified /eligible offers for the property, since being acquired by the City. 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. Mrs. Pearl commissioned Mr. Louis Taravella of LNT Real Estate Services, Inc. to estimate the fair market value of 83 Sussex. He has estimated the Fair Market Value to be Five Thousand Five Hundred Dollars ($5,5000). The City of Buffalo Appraisal Review Board reviewed the appraisal report and concurs with the appraiser's estimate of value. Mrs. Peart has agreed and is prepared to pay Five Thousand Five Hundred Dollars ($5,500) for the subject property. She has also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 83 Sussex Street to Mrs. Temothye Peart in the amount of Five Thousand Five Hundred Dollars ($5,500). 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. CHRISTIE R. NELSON DIRECTOR OF REAL.ESTATE OFFICE OF STRATEGIC PLANNING Mr. Smith moved: That the above item be, and the above item from the Office of Strategic Planning, dated January 15, 2013. be received and filed; That the offer from Mrs. Temothye Peart. 64 Steward Avenue, Buffalo, New York 14211, in the amount of Five Thousand Five Hundred Dollars ($5,500.00) for the purchase of 83 Sussex Street, be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES 9 NOES 0 NO. 15 STRAT PLAN - REPORT OF SALE 683 E. UTICA(ELL) Report of Sale 683 East Utica, 261'W Fillmore Lot Size: 30'x 142' Assessed Valuation: $1,100 (Ellicott District) The Office of Strategic Planning, Division of Real Estate has received a request from Mrs. Jessie L. Reynolds, 700 Lake Street, Lake Providence, Louisiana 71254 to purchase 683 East Utica Street. Mrs. Reynolds owns a one family house at 679 East Utica which is adjacent to 683 East Utica. She intends to use the vacant lot for green space for her tenant. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. A market analysis performed by the Division of Real Estate showing Similar sales in the area range from Twenty Seven Cents ($.27) to Sixty Cents ($.60) per square foot. Mrs. Reynolds has agreed and is prepared to pay One Thousand Two Hundred Dollars ($1,200), Twenty Eight Cents ($28) per square foot for the subject property. She has also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 683 East Utica Street to Mrs. Jessie L. Reynolds in the amount of One Thousand Two Hundred Dollars ($1,200). 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 January 7, 2013, be received and flied; That the offer from Mrs. Jessie Reynolds, 700 Lake Street, Lake Providence, Louisiana 71254, in the amount of One Thousand Two Hundred Dollars ($1,200.00) for the purchase of 683 East Utica, be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES 9 NOES 0 NO. 16 TRUE BETHEL TOWNHOMES PILOT AGREEMENT AMENDMENT ITEM NO. 3, C.C.P. APRIL 18, 2012 Your Honorable Body is hereby requested to approve an amendment to the previously approved PILOT agreement between the City of Buffalo, the County of Erie, Belmont Housing Resources for WNY and True Bethel Townhomes, L.P. The PILOT agreement was previously approved by the Common Council on April 18, 2012 and executed as of August 20, 2012. The PILOT is being resubmitted due to a recent request by the Developer /Owner to change the parties entering into the Agreement with the City of Buffalo in order to correctly identify the parties. This is a condition required by the primary funding source of the project. The amended parties to the PILOT Agreement will be as follows: True Bethel Townhomes, LLC. a New York Limited Liability Company with offices at 1195 Main Street, Buffalo, New York 14209 (the Company), and True Bethel Townhomes Housing Development Fund Company, Inc., a New York not for profit corporation organized pursuant to Article XI of the New York State Private Housing Finance Law (the Taxpayer "). A copy of the proposed amended PILOT Agreement is attached hereto. The following narrative of the Project was provided in the original Common Council submission. This Project is known as True Bethel Townhomes. The proposed development consists of 30 residential units: i0 2 -BR, 14 3 -BR, and 6 4 -BR units. True Bethel Townhomes will provide affordable housing opportunities to 30 households with annual household incomes at or below 60% of the area median income (AMI), 18 (60 %) of which will be targeted for households with annual household incomes at or below 50% of the AMI, with the remaining 12 (40 %) units available for those with annual household incomes at or below 60% of the AMI. Six (6) (20 %) of the total 30 units will be accessible to persons with mobility and /or hearing or vision impairments; the remaining units will be handicap adaptable. Project amenities include onsite parking and a community building that features a site management office, community room with kitchen, laundry facilities, a computer room with internet access, an activity room, and access to a recreation /playground area for tenant use. Each apartment will have an open floor plan and include a full kitchen, living and dining area, bedrooms, full bathroom(s), and laundry hook -ups. Each building boasts green and sustainable design features and promotes energy efficiency, including low -e glass windows, water saving features, and high efficiency heating systems. Funding sources for True Bethe! Townhomes include NYS Homes & Community Renewal (HCR) for Low - Income Housing Trust Fund Program in the amount of $1,380,000.00 and federal Low - income Housing Tax Credits; the City of Buffalo for HOME funds in the amount of $350, 000.00; National Equity Fund, Inc. (NEF) for tax credit equity; and a conventional construction loan. The amount of the PILOT payments were calculated based upon the City's PILOT policy that provides for payments in —the amount of 3% of the total income assuming a five percent (5 %) vacancy. Payments will increase by three percent (3 %) per year for the duration of the 15 -- year Pilot. Mr. Smith moved: That the above item be, and the above communication from the Office of Strategic Planning, dated January 10, 2013, be received and filed; and That the Common Council hereby approves an amendment to the PILOT agreement between the City of Buffalo, the County of Erie, Belmont Housing Resources for WNY and True Bethel Townhomes, L.P., executed as of August, 2012. The amended parties to the PILOT Agreement will be as follows: True Bethel Townhomes LLC, a New York Limited Liability Company with offices at 1195 Main Street, Buffalo, New York 14209 (the Company), and True Bethel Townhomes Housing Development fund Company, Inc., a New York not - for - profit corporation organized pursuant to Article XI of the New York State Private Housing Finance Law (the "Taxpayer "). PASSED COUNCILMEMBER PRIDEN EXCUSED FROM VOTING AYES - 8 NOES — 0 FROM THE COMPTROLLER NO. 17 LNTERFUND CASH LOAN Certain Federal and State aided programs require a cash advance until the program is up and operating and reimbursement is received. I have reviewed the program listed below and determined the cash needs to be warranted. I have approved an interfund cash loan to be made in the maximum amount of $155,421.00 as needed subject to your approval. Loan is payable at date of reimbursement. From: 1000- General Fund To: 2479- Buffalo River Corridor Brownfield Opportunity Area Grant Title: Brownfield Opportunities Area Program GRANT AGENCY: New York State Department of State GRANT AMOUNT: $472,500.00 LOAN AMOUNT: Maximum of $155,421.00 Estimated Date of Repayment: December 31, 2013 Mr. Smith moved: That the above item be, and the above communication from the Department of Audit and Control /Comptroller, dated January 17, 2013, be received and filed; and That the Common Council hereby approves an interfund cash loan until the program is operating and reimbursement is received in the maximum amount of $155,421.00 to the New York State Department of State for the Buffalo River Corridor Brownfield Opportunity Area. PASSED AYES -9 NOES -0 NO. 18 NTERFUND CASH LOAN Certain Federal and State aided programs require a cash advance until the program is up and operating and reimbursement is received. I have reviewed the program listed below and determined the cash needs to be warranted. I have approved an intertund cash loan to be made in the maximum amount of $134,522.00 as needed subject to your approval. Loan is payable at date of reimbursement. From: 1000- General Fund To: 2480- Tonawanda Street Corridor Brownfield Opportunity Area Grant Title: Brownfield Opportunities Area Program GRANT AGENCY: New York State Department of State GRANT AMOUNT: $382,500.00 LOAN AMOUNT: Maximum of $134,522.00 Estimated Date of Repayment: December 31,2013 Mr. Smith moved: That the above item be, and the above communication from the Department of Audit and Control /Comptroller, dated January 17, 2013, be received and filed; and That the Common Council hereby approves an interfund cash loan until the program is operating and reimbursement is received in the maximum amount of $134,522.00 to the New York State Department of State for the Tonawanda Street Corridor Brownfield Opportunity Area. PASSED AYES -9 NOES -0 NO. 19 INTERFUND CASH LOAN Certain Federal and State aided programs require a cash advance until the program is up end operating and reimbursement is received. I have reviewed the program listed below and determined the cash needs to be warranted. I have approved an interfund cash loan to be made in the maximum amount of $165,058.00 as needed subject to your approval. Loan is payable at date of reimbursement. From: 1000- General Fund To: 2481- Buffalo Harbor Brownfield Opportunity Area Grant Title: Brownfield Opportunities Area Program GRANT AGENCY: New York State Department of State GRANT AMOUNT: $540,000.00 LOAN AMOUNT: Maximum of $165,058.00 Estimated Date of Repayment: December 31,2013 Mr. Smith moved: That the above item be, and the above communication from the Department of Audit and Control /Comptroller, dated January 17, 2013, be received and filed; and That the Common Council hereby approves an interfold cash loan until the program is operating and reimbursement is received in the maximum amount of $165,058.00 to the New York State Department of State for the Buffalo Harbor Brownfield Opportunity Area. PASSED AYES -9 NOES -0 NO. 20 APPOINT FINANCIAL OPERATIONS ADMINISTRATOR (PROV)(INTER)(FANTON) Appointment effective 01 /14/2013 in the Department of Audit and Control, Division of Accounting to the Position of Financial Operations Administrator, Provisional at the Intermediate Salary of $60,514.00 Richard Fanton, 193 W. Woodside, Buffalo, NY 14220 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF MANAGEMENT INFORMATION SYSTEMS NO. 21 APPOINT SPECIAL ASSISTANT TO THE CHIEF INFORMATIONAL OFFICER(EXEMPT)(HYPOLITE) Appointment effective 01/07/2013 in the Department of MIS to the Position of Special Assistant to the Chief Informational Officer, Exempt at the flat Salary of $36,212.00 Paul Hypolite, 339 Genesee St Apt# 2, Buffalo, NY 14204 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO. 22 CHANGE IN CONTRACT POLICE HEADQUARTERS EMERGENCY WINDOW REPLACEMENT JOB #1058 ELLICOTT DISTRICT I hereby submit to your Honorable Body the following changes for Police Headquarters, Emergency Window Replacement, Ajay Glass, REFERRED TO THE COMMITTEE ON CIVIL SERVICE# 93000871 1. Furnish and Install (7) Kane Level 6 operable steel security screens @ ground floor Windows (exterior of evidence rooms) Add $13,099.00 2. Furnish and install lower sash lift bar to facilitate window operation @ ground floor windows. Finish will match installed windows. Add $ 2,947.00 The foregoing changes result in a net increase in the contract of Sixteen Thousand Forty Six and 00/100 Dollars($16,046.00) Summary Original Contract Amount $477,800.00 Amount of Previous Change Order $176,272.00 Amount of This Change Order $ 16,046.00 Revised Contract Amount $670,118.00 Costs have been reviewed by the Department of Public Works, Parks and Streets and were found to be fair and equitable. Funds for this work are available in 34324306 445100 - Buildings. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of Fire dated January 10, 2013, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to execute Change Order #2 in the amount of $16,046.00 (Original Contract Amount $477,800.00 + Change Order #1 $176,272.00 + Change Order #2 $16,046.00 for a Revised Contract Amount of $670,118.00) for the Police Headquarters emergency window replacement to Ajay Glass, C #93000871. Funding is available in Account #34324606 445100 - Buildings. PASSED AYES -9 NOES -0 NO. 23 PERMISSION TO ENGAGE SERVICES OF CONSULTING ENGINEER [: FOR CONSTRUCTION PHASE SERVICES FOR THE REHABILITATION OF THE NO.4 PUMP AND MOTOR AT THE MASSACHUSETTS AVE. PUMP STATION NIAGARA I respectfully request that Your Honorable Body authorize the Department of Public Works, Parks and Streets to grant permission to hire Nussbaumer and Clarke, Inc. for construction phase services for the Rehabilitation of the No. 4 Pump and Motor at the Massachusetts Ave. Pump Station. This is a 30 mgd (million gallon per day) pump and provides redundancy for our water system. There are two 30 mgd pumps at Mass. Ave. that are used to provide the required pumping to meet demand. This pump is currently out of service. There was a shaft failure and a full rehabilitation is needed. The consultant was chosen through a Request for Qualifications (RFQ) process and prepared detailed design drawings and specifications. The construction project has been bid with a low bid of $1,007,850 (within Engineer's estimate) and construction is to begin this spring. The costs for consulting construction phase services are estimated not to exceed $100,000.00. The funds are available in a Division of Water account(s) 53220756 445100, 53230806 445100, and 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 January 15, 2013, be received and filed; and That the Common Council hereby authorizes the Department of Public Works, Parks and Streets to hire Nussbaumer and Clarke, Inc. for construction phase services for the rehabilitation of the No. 4 Pump and Motor at the Massachusetts Ave. Pump Station. The funds for this project are available in a Division of Water account(s) 53220756 445100, 53230806 445100, and account(s) to be named at a later date. PASSED AYES -9 NOES -0 NO. 24 PERMISSION TO EXTEND AGREEMENT WITH NYS INDUSTRIES FOR THE DISABLED, INC. CITY COURT CLEANING ELLICOTT DISTRICT Permission is hereby requested from Your Honorable Body to extend our agreement for one (1) year (July 1, 2012 to June 30, 2013) with New York State Industries for the Disabled, Inc., for janitorial services at the City Court Building, C #93000910. The sum of this project is $349,120.08 annually, payable monthly at $29,093.34. Funds are available in 13296006- 442300 - Buildings O &M. Note that 72% of this sum is reimbursed to the City by the Unified Court System. Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated January 15, 2013, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to extend the agreement with new York State Industries for the Disabled, Inc. for one (1) year (July 1, 2012 to June 30, 2013) for janitorial services at the City Court Building, C #93000910. Funds for the project are available in Account #13296006- 442300 - Buildings O &M. Note that 72% of this sum is reimbursed to the City by the Unified Court System. PASSED AYES -9 NOES -0 NO. 25 PERMISSION TO INCREASE CONTRACT BERGMANN ASSOCIATES CONTRACT #93000928 I hereby submit to Your Honorable Body the following change for this contract. Bergmann Associates is the engineering consultant for the City -Wide Term Contract for traffic, GIS, and construction inspection & support services for the City of Buffalo. This increase is necessary for design, construction inspection and support for both the Niagara Square repaying project and the Humboldt Parkway repaying project, as well as additional traffic engineering support services. I respectfully certify that this increase is fair and equitable for the work involved, and respectfully request that Your Honorable Body approve the subject change order and authorize the Commissioner of Public Works, Parks & Streets to issue said increase for $200,000.00. The funds are available in Capital Projects accounts 32311606- 445100, 35314506- 445100 and account(s) to be named at a later date. Original Contract $380,000.00 Change Orders to Date $ 0.00 Change Order #1 $200,000.00 Revised Contract Amount $580,000.00 Mr. Smith moved: That the above item be, and the above communication from the Commissioner of Fire dated January 16, 2013, be received and flied; 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 $200,000.00 (Original Contract Amount $380,000.00 + Change Order #1 $200,000.00 for a Revised Contract Amount of $580,000.00) for the City - Wide Term Contract for traffic, GIS, and construction. inspection and support services for the City of Buffalo to Bergmarm Associates, C #93000928. Funding is available in Capital Projects Accounts 32311606- 445100, 35314506 - 445100 and account(s) to be named at a later date. PASSED AYES -9 NOES -0 NO. 26 REDUCTION IN RETENTION CITY -WIDE SIDEWALK REPLACEMENT, GR. #737 MASTER'S EDGE, INC. CONTRACT #93000822 CCP# 18, 6/28/2011 1 hereby submit to Your Honorable Body a request to reduce the retention for the above mentioned contract from 5% to 2% and respectfully request that Your Honorable Body approve this request. The retention reduction is in consideration for the fact the contractor has completed curb and sidewalk work for the 2012 list of streets in accordance with City specifications and the consultant in charge has recommended acceptance of the work. Funds remain in the contract which will be used for additional work in 2013 and DPW will withhold 5% retention on all future work until the work is complete and fully accepted by the Department. The reduction represents work already completed and accepted by the Department. There are no outstanding claims or liens. This reduction is being requested to keep the contract open to allow for the completion of this project. Mr. Smith moved: That the above communication from the Commissioner of Public Works, Parks and Streets dated January 15, 2013, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to reduce the retention to 2% in Contract #93000822, City -Wide Sidewalk Replacement, Gr. #737. PASSED AYES -9 NOES -0 NO. 27 #601 MCKINLEY PARKWAY TIMON SAINT JUDE HIGH SCHOOL RETAINING WALL WITHIN CITY RIGHT OF WAY Sandra Adeimann, of Adelmann Palmisano Architects on behalf of Timon -Saint Jude High School, has requested permission to install a retaining wall within City right -of -way at #601 McKinley Pkwy. The proposed retaining wall would be part of overall design improvements which include a building addition and be located on the Strathmore Street side of the property. The retaining wall would measure 6' in height at its tallest point and help provide handicapped access to the building. The Department of Public Works, Parks and Streets has reviewed this request with regards to the encroachment issue pursuant to Chapter 413, Section 67 (encroachment regulations) of the City Charter and recommends that Your Honorable Body refer this item to the Planning Board for the necessary site plan review and approval. If approved by the Planning Board and Your Honorable Body the Commissioner will issue a "Mere License" for said retaining wall within City right -of -way provided the following conditions are met: 1. That the applicant obtains any and all other approvals and /or permits necessary. 2. That the applicant be responsible for the relocation of any existing underground utilities that is necessary. 3. That the applicant be responsible for the maintenance of the retaining wall as long as it remains within City right -of -way. 4. That the applicant provide this department with a construction in street bond or certificate of insurance which will indemnify and save harmless the City against any and all loss or damage arising from the construction, use or removal of said retaining wall. Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Street dated January 15, 2013, be received and file; 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 Sandra Adelmarm, of Adelmarm Palmisano Architects on behalf of Timon -St. Jude High School to install a retaining wall within City right -of -way at #601 McKinley Parkway upon the following conditions: 1. That the applicant obtains any and all other approvals and /or permits necessary 2. That the applicant be responsible for the relocation of any existing underground utilities that is necessary 3. That the applicant be responsible for the maintenance of the retaining wall as long as it remains within City right -of -way 4. That the applicant provide this department with a contraction in street bond or certificate of insurance which will indemnify and save harmless the City against any and all loss or damage arising from the construction, use or removal of said retaining wall, PASSED AYES -9 NOES -0 FROM THE COMMISSIONER OF POLICE NO. 28 APPOINT ACCOUNT CLERK TYPIST(PERM)(STEP 2)(MASULLO) Appointment effective 01 /21/2013 in the Department of Public Works, Parks and Streets, Division of Water to the Position of Account Clerk Typist, Permanent, Open Competitive , At the 2 nd Step of $32,584 Stacy L. Masullo, 1042 Abbott Rd (Upper), Buffalo, NY 14220 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 29 APPOINT CAULKER SUPERVISOR I, (PERM) (INTER)(SULLIVAN) Appointment effective 01 /07/2013 in the Department of Public Works, Parks and Streets, Division of Water to the Position of Caulker Supervisor 1, Permanent, Open Competitive , At the Intermediate Salary of $38,580.00 Perry Sullivan, 416 Ashland Avenue, Buffalo, NY 14222 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 30 APPOINT SENIOR ENGINEER(PERM)(MAX)(HOFFERT) Appointment effective 01 /10/2013 in the Department of Public Works, Parks and Streets, Division of Engineering to the position of Senior Engineer, Permanent at the Maximum Salary of $ 64,301.00 Michael Hoffert, 55 Coburg St, Buffalo, NY 14216 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF POLICE NO. 31 DRUG ASSET FORFEITURE WIRE TRANSFERS CCP# 104, 02/02/1988 12 -DEA- 560200 C2 -11 -0163 23,389.51 12 -DEA- 563965 C2 -11 -0134 1,001.41 12-DEA-562167 C2 -12 -0071 2,173.35 12-DEA-568514 C2 -12 -0128 2,123.58 12 -DEA- 558567 C2 -12 -0033 2,631.42 12 -DEA- 558631 C2 -12 -0032 2,379.93 12 -DEA- 556954 C2 -12 -0019 949.38 09- FBI - 002595 245D -BF -39564 626.16 12-DEA-566065 C2 -12 -0104 1,168.98 11 -DEA- 549797 C2 -11 -0131 2,236.96 12 -DEA- 566499 C2 -12 -0106 6,719.58 12 -DEA- 565364 C2 -10 -0004 11,983.07 12 -DEA- 556067 C2 -11 -0163 13,987.52 12 -DEA- 555682 C2 -10 -0145 5,245.93 12 -DEA- 555682 C2 -10 -0145 13,520.61 TOTAL $90,137.39 The Drug Enforcement Administration (DEA), U.S. Customs and /or the FBI has administratively forfeited the above referenced property. The funds were received by this Department through wire transfers and duly deposited in the Trust & Agency Account, #20010000 - 389001. 15% of the DEA funds have been deposited into SAFF account 10496 for fulfilling year 7 expenditures under SAFF legislation. The remaining funds will be placed into one or more of the following accounts as deemed necessary by the Commissioner of Police: Educational Training /Seminar, Confidential Funds, Materials and Supplies, Firearms and Weapons, Communications and Computers, Electrical Surveillance, Purchase of Services, Improvements, Vehicles, Operating Equipment If you have any questions regarding the above mentioned, please contact Inspector Joseph Strano at 851 -4624. RECEIVED AND FILED NO. 32 APPOINT POLICE OFFICERS(PERM)(MIN)( FELSHOW III, KIMMINS, MCDONALD, HERBERT, DEMBINSKA, SALEH, TRIPP, KOZLOWSKI, VELEZ, MCALISTER, SULLIVAN, CHRISTOPHER, NORWOOD, JR., WILSON, KAUSCH, ANDERSON, MORETTI, BANNISTER, KUBIAK, AMBELLAN, DICKENSON) Appointment effective 01 /19/2013 in the Department of Police, Division of Academy, to the Position of Police Officer, Permanent at the minimum salary of $48,893.00 Rober, J. Felshow 111, 241 Occonnel Ave, Buffalo, NY 14210 David K. Kimmins, 439 Colvin Blvd Apt 1, Buffalo, NY 14216 Patrick J. McDonald, 39 Cushing Place, Buffalo, NY 14220 Nicholas R. Hubert, 140 Durant, Buffalo, NY 14220 Agrieszka Deminska, 7 Marine Dr, Buffalo, NY 14202 Sharese L. Salah, 7 Willowlawn Street, Buffalo, NY 14214 Courtney A. Tripp, 124 Sidway Street, Buffalo, NY 14210 Anthony R. Kozlowski, 21 Eden Street, Buffalo, NY 14220 Jenny M. Velez, 247 Busti Avenue, Buffalo, NY 14201 Todd C. McAlister, 88 Connelly, Buffalo, NY 14215 Thomas PASSED. Sullivan, 7 Ward Court, Buffalo, NY 14220 Joseph J. Christopher, 76 Gallantin Avenue, Buffalo, NY 14207 Michael J. Norwood, Jr., 145 Hastings Ave, Buffalo, NY 14215 Gaisha Wilson, 715 Delaware Ave Apt 219, Buffalo, NY 14209 Michael A. Kausch, 18 Sunset Avenue, Buffalo, NY 14207 Andrea A. Anderson, 7 Peace Street, Buffalo, NY 14211 William J. Moretti, 26 Hancok Ave, Buffalo, NY 14220 John R. Bannister, 149 Hamburg St, Buffalo, NY 14204 David M. Kubiak, 16 Arkansas, Buffalo, NY 14210 Mark D. Ambellan, 40 Strathmore Avenue, Buffalo, NY 14220 Kyma J. Dickinson, 63 John Paul Court, Buffalo, NY 14206 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE CORPORATION COUNSEL NO. 33 APPOINT SPECIAL ASSISTANT TO THE CORPORATION COUNSEL(EXEMPT)(MIN)(THOMPSON) Appointment effective January 9, 2013 in the Department of Law to the Position of Special Assistant to the Corporation Counsel, Exempt at the minimum Salary of $36, 212.00 Charlene Thompson, 33 Parkside Ave, Buffalo, NY 14214 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT & INSPECTION SERVICES NO. 34 FOOD STORE (NEW) 272 GEORGIA(FILLMORE) 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 272 Georgia (Georgia DeliM/aleed Al Maghrebi) 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 COMMITTEE ON LEGISLATION NO. 35 FOOD STORE (NEW) 314 HAMPSHIRE(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 314 Hampshire ( Virunga Market / Mishka Wakabongo) 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 tile Department of Permits and Inspection Services, dated January 14, 2013, 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 Mishka Wakabongo d /b /a Virunga Market located at 314 Hampshire. PASSED AYES 9 NOES 0 NO. 36 FOOD STORE (NEW) 791 TONAWANDA(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 791 Tonawanda (Akad Market /IHussein Ali) 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 COMMITTEE ON LEGISLATION NO. 37 GARBAGE COLLECTOR LICENSE (NEW) Pursuant to Chapter 263 of the City of Buffalo Ordinances, Battaglia Trucking Inc, /Peter Battaglia 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. 38 RESTAURANT DANCE LICENSE (RENEWAL) 26 ALLEN (FILL) Pursuant to Chapter 150 of the City of Buffalo Ordinances, please be advised that I have caused an investigation into the premises located at 26 Allen for which said renewal application for a Restaurant Dance Class IV license is being sought by Walter Ward @ Cathode Ray and according to the attached reports from the Fire Department, Police Department and Building Inspections, 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 Permit and Inspection Services, dated January 17, 2013; and That the Commissioner of Permits and Inspections Services is hereby authorized pursuant to Chapter 150 of the City Code to issue a Restaurant Dance Class License to Walter Ward d /b /a Cathode Ray, located at 26 Allen. PASSED AYES 9 NOES 0 NO. 39 RESTAURANT DANCE LICENSE (RENEWAL) 445 DELAWARE Pursuant to Chapter 150 of the City of Buffalo Ordinances, please be advised that I have caused an investigation into the premises located at 445 Delaware for which said renewal application for a Restaurant Dance Class III license is being sought by Salvatore Buscaglia @ Snooty Fox Lounge and according to the attached reports from the Fire Department, Police Department and Building Inspections, 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 COMMITTEE ON LEGISLATION NO. 40 RESTAURANT DANCE LICENSE RENEWAL 1108 ELMWOOD Pursuant to Chapter 150 of the City of Buffalo Ordinances, please be advised that I have caused an investigation into the premises located at 1108 Elmwood for which said renewal application for a Restaurant Dance Class III license is being sought by Robert Rabb @ Mr. Goodbar and according to the attached reports from the Fire Department, Police Department and Building Inspections, 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 CONNITTEE ON LEGISLATION. NO. 41 RESTAURANT DANCE LICENSE (RENEWAL) 35 FERRY EAST AKA 33 FERRY EAST Pursuant to Chapter 150 of the City of Buffalo Ordinances, please be advised that I have caused an investigation into the premises located at 35 Ferry East for which said renewal application for a Restaurant Dance Class III license is being sought by Sue Goggins @ Wall Street and according to the attached reports from the Fire Department, Police Department and Building Inspections, 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 Permit and Inspection Services, dated January 17, 2013; and That the Commissioner of Permits and Inspections Services is hereby authorized pursuant to Chapter 150 of the City Code to issue a Restaurant Dance Class License to Sue Goggins d /b /a Wall Street, located at 35 Ferry East a /k/a 33 Ferry East. PASSED AYES 9 NOES 0 NO. 42 SECOND HAND DEALER 1860 SENECA ST. (SOUTH) Pursuant to Chapter 254 of the City of Buffalo Ordinances please be advised that I have examined the attached application for a Second Hand Dealer License located at 1860 Seneca St 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 Cheryl Mathes. The attached thereto for Cheryl Mathes d /b /a /CM Gold 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 January 14, 2013, 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 Cheryl Mathes d /b /a CM Gold located at 1860 Seneca Street is hereby approved. PASSED AYES 9 NOES 0 FROM THE COMMISSIONER OF ADMINISTRATION, FINANCE, POLICY & URBAN AFFAIRS NO. 43 REQUEST PERMISSION TO PURCHASE SOFTWARE FOR FIRE DEPT FROM A SOLE SOURCE The Division of Purchase is requesting permission from your Honorable Body to purchase from a sole source provider as per the request of the Buffalo Fire Department. The INFICON HAPSITE software is a full hazardous materials identification system was purchased for use in the Buffalo Fire Dept from Inficon Corp. The existing system is used to assess risk in real -time at an incident. The INFICON HAPSITE chemical identification systems - used worldwide with confidence and minimal training by emergency response teams for immediate, on -site detection and analysis of volatile organic compounds (VOCs), toxic industrial chemicals (TICs), and chemical warfare agents (CWAs) in air, water, and soil. Funding is available and a request was entered on requisition #53504664, for an upgrade to the existing HAPSITE System which encompasses maintenance, operating system /software upgrades, some new equipment items, training, and shipping. INFICON is the only supplier that is capable of upgrading the proprietary software and equipment of this system. The cost to upgrade the current system is $27,676.25 versus the cost of a new identification system that we estimate at the cost of $100,000 plus. The system upgrade is being funded through a fire department grant. Mr. Smith moved: That the above item be, and the above communication from the Director of Purchase, dated December 24, 2012, be received and filed; and That the Common Council hereby authorizes the Director of Purchase to purchase Inficon Hapsite software upgrade for use in the Buffalo Fire Department from Inficon Corp. The software is an upgrade to the existing Hapsite System which encompasses maintenance, operating system /software upgrades, some new equipment items, training, and shipping. Inftcon is the only supplier that is capable of upgrading the proprietary software and equipment of this system. Funding is available in an account to be named at a later date. PASSED AYES 9 NOES 0 FROM THE BUFFALO SEWER AUTHORITY NO. 44 2011 -2012 COMPREHENSIVE ANNUAL FINANCIAL REPORT Mr. Gerald Chwalinski City Clerk Clerk's Office 1308 City Hall Buffalo. NY 14202 Dear City Clerk: The Buffalo Sewer Authority's 2011 -2012 Comprehensive Annual Financial Report is now available on the Authority's website. The 2010 -2011 CAFR can be downloaded at: http: / /www.city- buffalo.com /files /1_2_1/ BSA /IntranetFiles /annualreport /11- 12_CAFR.pdf The 2011 -2012 CAFR was approved by the Board of the Buffalo Sewer Authority on January 9, 2013. Sincerely, BUFFALO SEWER AUTHORITY David P. Comerford General Manager RECEIVED AND FILED FROM THE CITY CLERK NO. 46 LIQUOR LICENSE APPLICATIONS Attached hereto are communications from persons applying for liquor licenses from the Erie County Alcohol Beverage Control Board. Address Business Name Owner's Name 898 Clinton St. Brandy's Brandy's II Inc. RECEIVED AND FILED NO. 46 LEAVES OF ABSENCE WITHOUT PAY I transmit herewith notifications received by me, reporting the granting of the leaves of absence without pay, in the various departments as listed: Comptroller - Elizabeth Krause Police - Marie M. Masecchia, Antonio Borrelli RECEIVED AND FILED. NO. 47 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: Buffalo Sewer Authority RECEIVED AND FILED NO. 48 APPOINT LEGISLATIVE ASSISTANT TO COUNCIL STAFF(SCARCELLO) Certificate of Appointment Appointment Effective January 14, 2013 in the Department of Common Council Division of Council Staff to the Position of Legislative Assistant to the Councilmember, Unclassified, Non - competitive Flat Starting Salary of $41,163. Samuel J. Scarcello, 35 Britt Avenue, Buffalo 14220 ADOPTED NO.49 NOTICES OF APPOINTMENTS - SEASONAL /FLAT I transmit herewith certificates received by me, reporting seasonal and fiat salary appointments made in various departments. RECEIVED AND FILED. CERTIFICATE OF APPOINTMENT Appointment effective January 15, 2013 in the Department of Law to the Position of Law Clerk Seasonal non - competitive minimum starting salary of $12.47hr Megan N. Steele, 703 W. Ferry St., Apt C16, Buffalo 14222 NO. 50 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 12/31/12 in the Department of Public Works, Parks & Streets Division of Water to the Position of Account Clerk Typist Permanent Open- Competitive minimum starting salary of $31,127 James Hellerer, 71 Winston Rd. Buffalo 14216 CERTIFICATE OF APPOINTMENT Appointment effective 1/3/13 in the Department of Police Division of Fleet Maintenance to the Position of Motor Equipment Mechanic Permanent Appointment minimum starting salary of $23,721 Michael P. Wojtulski, 19 Lord Street, Buffalo 14210 CERTIFICATE OF APPOINTMENT Appointment effective 1/7/13 in the Department of Public Works, Parks & Streets Division of Street to the Position of Truck Driver Permanent Open - Competitive minimum starting salary of $22,468 Michelle Mackie, 541 Doat Street, Buffalo 14211 CERTIFICATE OF APPOINTMENT Appointment effective 1/10/13 in the Department of Public Works, Parks & Streets Division of Buildings to the Position of Sr. 1 sc Class Stationary Engineer Temporary Non - Competitive Flat starting salary of $15.00 Matthew Quinn, 42 Stevenson St., Buffalo 14220 CERTIFICATE OF APPOINTMENT Appointment effective 1/14/13 in the Department of Community Services & Recreational Program Division of Senior Services to the Position of Laborer 11 Provisional Open- Competitive Minimum starting salary of $22,423 Louis Fronczak, 156 S. Ogden St, Buffalo 14206 CERTIFICATE OF APPOINTMENT Appointment effective 1/15/13 in the Department of Public Works, Parks & Streets Division of Streets to the Position of Truck Driver Temporary Open- Competitive minimum starting salary of $22,447 Marcus Alexander, 107 May St, Buffalo 14211 CERTIFICATE OF APPOINTMENT Appointment effective 1/15/13 in the Department of Public Works, Parks & Streets Division of Streets to the Position of Truck Driver Permanent Open- Competitive minimum starting salary of $22,468 William Then, 322 St. Lawrence Ave, Buffalo 14216 Michael Edwards, 423 Shirley St, Buffalo 14215 CERTIFICATE OF APPOINTMENT Appointment effective 1/15/13 in the Department of Public Works, Parks & Streets Division of Buildings to the Position of Laborer 11 Permanent Non - Competitive minimum starting salary of $23,130 Jose Rivera, 38 Carolina St, Buffalo 14201 NON - OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON - OFFICIAL COMMUNICATIONS NO. 51 BUFFALO WATER BD MONTHLY REPORT - DECEMBER 2012 Copy available for review in the City Clerk's Office RECEIVED AND FILED NO. 52 LP CIMINELLI -BOARD PACKET DOCUMENTS - JANUARY 2013 Attached are the following documents from the Joint Schools Construction Board meeting scheduled on January 7, 2013: 1. Agenda 2. Meeting Minutes from JSCB Meeting dated December 3, 2012 3. Fully Executed Phase II Application and Certificate for Payment No. 48 - November 2012 4. Fully Executed Phase HI Application and Certificate for Payment No. 55 - November 2012 5. Fully Executed Phase IV Application and Certificate for Payment No. 53 - November 2012 6. Fully Executed Phase V Application and Certificate for Payment No. 36 - November 2012 7. Phase III Application and Certificate for Payment No. 56 - December 2012 8. Phase V Application and Certificate for Payment No. 37 - December 2012 9. Program Packaging and Development Services (PPDS) Provider Update 10. Bevlar & Associates Inc. Construction Contract Monitoring and Compliance Services Monthly Report for Addendum 1 Phase V Project - November 2012 11. Inclusion Development Associates, Inc. Construction Contract Compliance Monitoring Monthly Report for Phase III CO #1 - November 2012 12. Compliance & Administrative Services of New York Compliance Monthly Report for Phase V - November 2012 Copy available for review in the City Clerk's Office REFERRED TO THE SPECIAL COMMITTEE ON EDUCATION NO. 53 R. FELSCHOW III - REQUEST LEAVE OF ABSENCE Robert J. Felschow III 241 O'Connell Avenue Buffalo, NY 14210 Mr. Gamell W. Whitfield, Jr. Commissioner Buffalo Fire Department 195 Court Street, Buffalo, NY 14202 Commissioner Whitfield, On October 18, 2012, 1 did submit a letter to you requesting a leave of absence tentatively January 2013 to accept a position as a Buffalo Police Officer. I am going through the process at this time. As I stated in the letter, I find being a firefighter a very rewarding job, However, My lifelong ambitions were to be a police officer. It's been a dream of mine. I am humbling requesting the leave to pursue the position as a police officer. Apparently a class is being scheduled soon and I must make a decision as to what course to take. If being a police officer isn't what I want as a career after all, I would very much want to return as a firefighter. Please consider my request for a leave of absence. Thank You. Respectfully, Robert J. Felschow III RECEIVED FILED NO. 54 D. PRIDGEN- CONCERNS EXISTING OUTDOOR WOOD BOILERS Gerald Chwalinski Council Member Darius G. Pridgen January 10, 2013 Existing Outdoor Wood Boilers ! would like to file the attached information for the next Common Council meeting to be held on January 22, 2013, Thank You Darius G. Pridgen Ellicott District Council Member PETITION Recommendation: The C3 Block Club Community is petitioning the City of Buffalo to establish a unified Code for all Buffalo residents that enforces standardized requirements for homeowners who have Existing Outdoor Wood Boilers that interfere with resident's Quality of Life. This includes adopting and modifying codes that are equivalent to the current NYS DEC Regulation 247.5 and also adding recommendations proposed by the City of Buffalo Department of Permits and Inspections /Office of Fuel Devices, for future matters. This further includes adopting neighborly procedures that include C3 in the planning process before finalizing recommendations and extends a grace period to allow existing boiler users adequate time to rectify the problem for those who have never been made aware. NYS DEC Regulation 247.5: A residential -size new outdoor wood boiler shall be equipped with a permanent stack extending a minimum of 18 feet above ground level. Notwithstanding the foregoing, the department may require that the permanent stack extend up to two feet above the peak of any roof structure within 150 feet of the OWB when necessary to adequately disperse smoke emitted from an outdoor wood boiler. Department of Permits and Inspections /Office of Fuel Devices Recommendation: Amend current ordinances to reflect language that new installation will be prohibited; No permits will be issued for expanding presently installed units; Units must be removed from the property within 6 months of discontinuance of use or exchange of property /change of ownership. Background: Currently the City of Buffalo Department of Permits and Inspections and /or the Office of Fuel Devices lack the power to enforce issues related to existing outdoor wood boilers as defined by the NYS Building Code for new installations. C3 Block Club Community initially learned about this Quality of Life matter in August 2012 from residents' who complained about a neighbor on Midvale Avenue producing a strong wood burning smell and dark smoke being present in the air. Research shows that this matter dates back to 1998 and a final resolution to this matter is necessary to meeting the following concerns: 1. Health concerns from breathing in this smoke and possible contaminants long -term 2. Enjoyment and full use of their property during the summer months due to being forced to keep windows closed. 3. Soot accumulating on the exterior of the home and creating additional expenses. Currently, the City of Buffalo Department of Permits and Inspections and /or the Office of Fuel Devices DO NOT have the power to enforce such matters because there is no City of Buffalo regulation for existing owners. The DEC was notified in September 2012 by the City of Buffalo and the DEC has since made a visit to the Midvale home to inspect the property along with a City Inspector. Residents have noticed remedial work occurring, however the residents are not satisfied that our needs are being met. Our goal is that the new regulations will include language that addresses current residents and those desiring to relocate to the area without being stigmatized by additional negative concerns that can be remediated. Respectfully submitted, C3 Block Club Community REFERRED TO THE COMMITTEE ON LEGISLATION NO. 55 D. PRIDGEN- ENHANCED GUN VIOLENCE REDUCTION PROGRAM Gerald Chwalinski Council Member Darius G. Pridgen January 14, 2013 Enhanced Gun Violence Reduction Program I would like to file the attached information for the next Common Council meeting to be held on January 22, 2013. Thank You, Darius G. Pridgen Ellicott District Council Member Copy available for review in the City Clerk's Office REFERRED TO THE COMMITTEE ON LEGISLATION PETITIONS NO. 56 D. SERRA, OWNER, USE 1487 HERTEL AVE TO RE- ESTABLISH EXISTING RESTAURANT AND SIDEWALK CAFE IN HERTEL AVE SPECIAL ZONING DISTRICT (HRG 01/29)(DEI) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANN1 NG BOARD NO. 57 A. ANTONUCCI, OWNER, USE 1197 HEGEL -TO RE- ESTABLISH USE OF RESTAURANT IN THE HERTEL AVE SPECIAL DISTRICT REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 58 F. CMGAROV, OWNER, USE 2516 MAIN -FOR UNDERGROUND STORAGE TANK, ERECT 1 STORY MASONRY RETAIL W /FUEL STATION AND POLE SIGN (HRG 01 /29)(DEL) REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE ZONING BOARD NO. 59 J. LYONS, OWNER, USE 534 ELMWOOD -TO OPEN EXISTING RESTAURANT IN THE ELMWOOD AVE SPECIAL ZONING DISTRICT UNDER NEW OWNERSHIP (HRG 01/29)(NIA) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 60 M. GOLDMAN, OWNER, USE 245 ALLEN TO EXPAND A CURRENT RESTAURANT (HRG 01/29)(F111) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD REGULAR COMMITTEES CIVIL SERVICE BONNIEE E. RUSSELL CHAIRPERSON NO. 61 APPOINT CHIEF PUMPING PLANT ENGINEER(PERM)(5 STEP)(FAPPENHEIMER)(PW) CCP #13, 1/8 Mrs. Russell moved That Communication 13 of January 8, 2013, be received and Filed and that the Permanent Appointment of William Appenheimer, 22 Kail St, PASSED Buffalo, NY 14207 at the 5 t- step of $50,755.00 is Hereby Approved. PASSED AYES -9 NOES -0 NO. 62 APPOINT CHIEF PUMPING PLANT ENGINEER(PERM)(5 STEP)(FATIG)(PW) CCP #14, 1/8 Mrs. Russell moved That Communication 14 of January 8, 2013, be received and Filed and that the Permanent Appointment of David Fatig, 234 Winston Rd, Buffalo, NY 14216 at the 5 t- step of $50,755.00 is Hereby Approved. PASSED AYES - 9 NOES- 0 NO. 63 APPOINT FILTRATION PLANT MAINT SUPERVISOR(PERM)(2ND STEP)(MCCLEARY)(PW) CCP #15, 1/8 Mrs. Russell moved That Communication 15 of January 8, 2013, be received and Filed and that the Permanent Appointment of Shaun McCleary, 201 Commonwealth, Buffalo, NY 14216 at the 2nd step of $40,590.00 is Hereby Approved. PASSED AYES -9 NOES -0 NO. 64 APPOINT SEC TO COMM OF ADMIN & FINANCE CCP #I 8, 01 /08(CTY CLK) Mrs. Russell moved That the above item be the same and hereby is Received and Filed ADOPTED NO. 65 APPOINT COLLECTION OFFICER(5TH STEP)(PERM)(BRYANT)(A &F) CCP #19, 1/8 Mrs. Russell moved That Communication 19 of January 8, 2013, be received and Filed and that the Permanent Appointment of Carmen Bryant, 393 Herman St, Buffalo, NY 14211 at the 5th step of $55,313.00 is Hereby Approved. PASSED AYES -9 NOES -0 NO. 66 NOTICES OF APPOINTMENTS - TEMP /PROV /PERM CCP #29, 01 /08(CRY CLK) Mrs. Russell moved That the above item be the same and hereby is Received and Filed ADOPTED FINANCE (CHRISTOPHER P, SCANLON, CHAIRMAN) NO. 67 COMPREHENSIVE ANNUAL FINANCIAL REPORT -FY ENDING JANE 30, 2012(COMPT) CCP #3, 01/08 Mr. Scanlon moved That the above item be the same and hereby is Received and Filed ADOPTED NO. 68 REPORT ON PRESCRIPTION DRUG EXPENSES(COMPT) CCP #10, 12/26 Mr. Scanlon moved That the above item be the same and hereby is Received and Filed ADOPTED NO. 69 PARTICIPATORY BUDGETING IN THE CITY OF BUFFALO (RES. NO. 81, C.C.P., OCT. 2, 2012) Mr. Scanlon moved: That the above item be, and the same hereby is returned to the Common Council with a recommendation for adoption; That the Common Council resolves to learn more about how Participatory Budgeting has been implemented in other cities by hosting a Participatory Budgeting Project meeting with elected officials and other participants who have successfully used the process in their districts. ADOPTED. COMMUNITY DEVELOPMENT (JOSEPH GOLOMBEK JR., CHAIRPERSON) NO. 70 J. GOLOMBEK- LETTER ENCOURAGING APPLE TO BUILD IN BUFFALO (C.C:P #44, DEC 26) Mr. Golombek now moves that the above item be Received and Filed. ADOPTED NO. 71 A. BUTT- & O- PETITION FOR SIDEWALK REPAIRS WOLTZ AVENUE (C.C.P #52, OCT 30) Mr. Golombek now moves that the above item be Received and Filed. ADOPTED NO. 72 P. FREEMAN - REQUEST TO SPEAK RE PROPOSED PLAN MIXED -USED COMM SPORTS (C.C.P #43, OCT 16) Mr. Golombek now moves that the above item be Received and Filed. ADOPTED NO. 73 N. ROMAN -BFIO & EC COMMUNITY PLAN TO END HOMELESSNESS (C.C.P #45, OCT 16) Mr. Golombek now moves that the above item be Received and Filed. ADOPTED LEGISLATION (DARIUS G. PRIDGEN, CHAIRPERSON) NO. 74 APPLICATION FOR RESTRICTED USE PERMIT - 75 W. CHIPPEWA STREET (ELL)(DPIS) (ITEM NO. 22, C.C.P., JAN. 8 2013) Mr. Pridgen moved: That the above item be, and the same hereby is returned to the Common Council with a recommendation for approval; That the application for a restricted use permit in the downtown entertainment review district to permit entry of patrons under the age of 21 where alcohol is served at an even to take place at Phez Entertainment LLC (Lux) on February 12, 2013 is hereby approved upon the following conditions: •AII patrons under the age of 21 will have black Xs on both hands •AII patrons age 21 and over will have a wristband indicating that they 21 and /or over Recommended by the Committee on Legislation PASSED AYES -9 NOES -0 NO. 75 APPLICATION FOR RESTRICTED USE PERMIT - 75 W. CHIPPEWA STREET (ELL)(DPIS) (ITEM NO. 23, C.C.P., JAN. 8, 2013) Mr. Smith moved: That the above item be, and the same hereby is returned to the Common Council with a recommendation for approval; That the application for a restricted use permit in the downtown entertainment review district to permit entry of patrons under the age of 21 where alcohol is served at an even to take place at Phez Entertainment LLC (Lux) on February 14, 2013 is hereby approved upon the following conditions: All patrons under the age of 21 will have black Xs on both hands -All patrons age 21 and over will have a wristband indicating that 1 PASSED AYES -9 NOES -0 NO. 76 D. PRIDGEN- CURRENT STATUS OF 500 BLOCK OF MAIN ST. PROPERTIES (C.C.P #32, JAN 8) Mr. Pridgen now moves that the above item be Received and Filed. ADOPTED NO. 77 D. PRIDGEN -A. COLE - CONCERNS RITE AID TRUCK DRIVER (C.C.P #48, DEC 26) Mr. Pridgen now moves that the above item be Received and Filed. ADOPTED NO. 78 D. PRIDGEN -A. BUCHANAN- CONCERNS ON MORTIMER ST (C.C.P #49, NOV 13) Mr. Pridgen now moves that the above item be Received and Filed. ADOPTED NO. 79 M. ANDRZEJEWSKI - TROCAIRE COLLEGE REQ FOR PARKING SPOT AND A NO STANDING ZONE (C.C.P #37, OCT 161 Mr. Pridgen now moves that the above item be Received and Filed. ADOPTED NO. 80 C. KAMBAR, AGENT, USE 998 BROADWAY FOR A GROUND SIGN(FILL) (NO PUB HRG)( #92,9/6)( #78,11/15) (C.C.P #72, OCT 2) Mr. Pridgen now moves that the above item be Received and Filed. ADOPTED NO. 81 TOBACCO -FREE INITIATIVE ON THE BUFFALO NIAGARA MEDICAL CAMPUS(PRIDGEN) (C.C.P #76, JUNE 12) Mr. Pridgen now moves that the above item be Received and Filed. ADOPTED NO. 82 RESTAURANT DANCE CLASS IV - 262 DELAWARE (ELL)(EDPI) (ITEM NO. 53, C.C.P., NOV. 27, 2011) Mr. Pridgen moved: That the above item be, and the same hereby is returned to the Common Council with a recommendation for approval on the following conditions: That the Commissioner of Permits and Inspections Services is hereby authorized pursuant to Chapter 150 of the City Code to issue a Restaurant Dance Class IV License to Nicholas Tiede d /b /a Underground Nite Club is hereby approved. PASSED AYES 9 NOES 0 NO. 83 LODGING HOUSE LICENSE - 1253 BROADWAY (FILL)(EDPIS) (ITEM NO. 27, C.C.P., OCT. 30, 2012) Mr. Pridgen moved: That the above communication be, and the same hereby is returned to the Common Council with a recommendation for approval; 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 Lodging House License to Meyer Sadigursky d /b /a 1253 Broadway LP located at 1253 Broadway upon the following conditions: • Grounds to be landscaped and continuously maintained • Sewer problem along westside of building PASSED AYES 9 NOES 0 NO. 84 SECOND HAND DEALER - 442 WILLIAM (ELLICOTT) (EDPIS) (ITEM NO. 22, 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 a recommendation, and; Mr. Pridgen moved that the above item be recommitted to the Committee on Legislation ADOPTED SPONSOR: MR. FONTANA Be It Resolved: RESOLUTIONS NO. 85 APPOINT MARRIAGE OFFICER(GOLOMBEK, JR.) That Pursuant to Chapter 49 of the Laws of New York (1988), which allows a governing body the right to appoint one or more Marriage Officers, who have the authority to solemnize marriages, I am requesting the appointment of Joseph Golombek, Jr., as a marriage officer only for February 2, 2013. ADOPTED. NO. 86 BY MR. GOLOMBEK WAIVE FEE FOR CLUB 49ERS ANNUAL EASTER EGG HUNT. Whereas: The Club 49ers are a social group that meets in the Riverside section of the city of Buffalo; and, Whereas: Since their founding, the Club 49ers have had a commitment to community service; and, Whereas: For many years, the Club 49ers have conducted an Easter Egg Hunt for the children of the Black Rock and Riverside neighborhoods; and, Whereas: This year, the Club 49ers will sponsor their annual Easter Egg Hunt on March 30, 2013 in Riverside Park; and, Whereas: Conducting this event is produces a net loss for this organization. Now, Therefore Be It Resolved that: That the Common Council of the City of Buffalo does hereby waive all fees associated with the Club 49ers annual Easter Egg Hunt to be conducted on March 30, 2013 at Riverside Park. PASSED AYES 9 NOES 0 BY MR. GOLOMBEK NO. 87 DISCHARGE COMMUNITY DEVELOPMENT COMMITTEE SENECA BFLO CREEK CASINO ENTER AGMNT IMPROV TO ROW (COM. 25, CCP 11/13/2012) Mr. Golombek moved that Whereas, the above item is currently in the Community Development Committee and, Whereas, it is no longer necessary for this item to be considered by that committee, Now Therefore Be It Resolved, that this Common Council does hereby discharge the Committee from further consideration of this item, and it is now before the Common Council for its consideration. Motion to Adopt Discharge AYES - Fontana, Franczyk, Golombek, Pridgen, Rivera, Russell, Scanlon, Smith 8, NOES- LoCurto 1 Motion to Approve Mr. Golombek moved to approve an agreement with the Seneca Erie Gaming Corporation for right -of -way improvements surrounding the site of the Corporation's casino subject to the condition that the agreement require that street, curb, sidewalk and landscape improvements be of equal quality on both sides of each street on which such improvements are made. PASSED AYES - Fontana, Franczyk, Golombek, Pridgen, Rivera, Russell, Scanlon, Smith 8, NOES- LoCurto 1 NO. 88 SPONSOR: ELLICOTT DISTRICT COUNCIL MEMBER DARIUS G. PRIDGEN AMANDA LYNN'S LAW Whereas: On January 9, 2009, 20 year old Amanda Wienekowski's body was found upside down in a garbage tote. There has been much controversy surrounding the cause of Amanda's death. The Erie County Medical Examiner's Office has ruled the death accidental and concluded that it was caused by a drug overdose. A private pathologist concluded that Amanda had been raped, beaten and strangled. Due to the conflicting findings a final autopsy was completed and it was concluded that the cause of death was undetermined; and Whereas: Amanda's family has been lobbying for laws to hold stiff penalties on the improper disposal of human remains. In the current law, disposal of a dead body without the authority of a burial or removal permit is a misdemeanor with a maximum sentence of one year in jail. The law as it stands only regulates the manner in which funeral directors, medical professionals and cemeteries can dispose of a human body and its remains.; and Whereas: New York State Senator Mark Grisanti is seeking to pass bill S.1590, also named "Amanda Lynn's Law," which will make it a crime to conceal a death by knowingly moving or otherwise hiding a human corpse so that discovery of the death will be hindered and will make this crime a class D felony; and Whereas: This proposed law is now sitting in the New York State Senate Codes Committee and is awaiting action. Now, Therefore, Be It Resolved: That the City of Buffalo Common Council hereby goes on record in its support for New York State Senate Bill S.1590 and recognizes the need to strengthen state law and heighten the penalties for the improper disposal of human remains. Now, Therefore, Be It Further Resolved: That the City of Buffalo Common Council hereby requests that the Erie County Medical Examiner's office review their initial findings and the findings of the private pathologist and present the reasoning for their final conclusions, during a Committee meeting of the Common Council. Now, Therefore, Be It Finally Resolved: That copies of this resolution be sent to area representatives of the New York State Legislature. ADOPT RESOLVES THE REMAINDER REFERRED TO THE COMMITTEE ON LEGISLATION NO. 89 BY: COUNCILMEMBER DARIUS PRIDGEN SET PUBLIC HEARING DISPOSITION OF REAL PROPERTY CITY OF BUFFALO URBAN RENEWAL AGENCY - 602 FOURTH STREET WHEREAS, the City of Buffalo Renewal Agency is requesting authorization by your Honorable Body to sell 602 Fourth Street (Real Property), Buffalo, New York to D'Youville College for the development of athletic fields and related improvements; and WHEREAS, the City of Buffalo Urban Renewal Agency Board has approved the acquisition and subsequent sale of the Real Property at its meeting of December 27, 2012. Title to the Real Property is currently held by the Buffalo Economic Renaissance Corporation (BERC.). BERC has negotiated a sales price based upon the fair market value of the Real Property. D'Youville College is the identified purchaser of this Real Property; WHEREAS, said terms of the proposed transfer have been forwarded by the City of Buffalo Urban Renewal Agency to this Common Council for action, pursuant to section 507, subdivision 2 of the General Municipal Law; and WHEREAS, Section 507(2) of the "General Municipal Law" requires that the disposition of land in an Urban Renewal Project may be approved only after a public hearing on due notice. NOW, THEREFORE, BE IT RESOLVED: 1. That the City Clerk is hereby directed to publish the notice attached hereto and marked "Notice of Hearing" in the Buffalo News, no later than the 26th day of January 2013. 2. That this Common Council will conduct a Public Heating on the matter stated in said "Notice of Hearing" at 2:00 P.M. in the Council Chambers on the 5 of February 2013. ADOPTED NO. 90 BY: COUNCILMEMBER DARIUS PRIDGEN DISPOSITION OF REAL PROPERTY CITY OF BUFFALO URBAN RENEWAL AGENCY 602 FOURTH STREET WHEREAS, the City of Buffalo Urban Renewal Agency (BURA) has approved the sale of 602 Fourth Street, Buffalo, New York to D'Youville College for the development of athletic fields; and WHEREAS, the City Clerk has published a Notice of Public Heating, as required by Section 507, Subdivision 2(d) of the "General Municipal Law" and WHEREAS, the terms of the proposed sale of the property has been duly submitted to this Common Council by BURA; and NOW, THEREFORE, BE IT RESOLVED: 1. BURA is authorized to accept title to 602 Fourth Street from the Buffalo Economic Renaissance Corporation; 2. BURA is hereby authorized to transfer 602 Fourth Street to D'Youville College for $400,000.00 and the BURA Vice Chair is authorized to execute a quitclaim deed to convey title to 602 Fourth Street to D'Youville College, said sale to be negotiated to finalization and approved as to form by BURA General Counsel; and 3. BURA personnel is authorized to take steps and actions to execute such documents and agreements as shall be necessary to implement and facilitate the sale of 602 Fourth Street to D'Youville College. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 91 MR. PRIDGEN SMOKE FREE INITIATIVE Whereas: Secondhand smoke is responsible for over 49,000 deaths among nonsmokers each year; and Whereas: There is no safe level of exposure to secondhand smoke. Even brief exposure to secondhand smoke can be harmful to health; and Whereas: Secondhand smoke causes asthma, respiratory infections, cancer and cardiovascular disease; and Whereas: Tobacco products, once consumed in public spaces, are the most common form of litter; and Whereas: Tobacco litter often discarded on the ground make streets, sidewalks and landscaped areas dirty and uninviting; and Whereas: Smoking is responsible for the premature deaths of over 443,000 Americans each year from lung cancer, heart disease, respiratory illness and other diseases; and . Whereas: Tobacco kills more Americans each year than alcohol, illegal drug use, motor vehicle injuries, suicides, and murders combines; and Whereas: the steering committee will be comprised of expert seats. Now, Therefore Be It Resolved: That the Buffalo Niagara Medical Campus (BNMC) has the right to protect its community, its environment, and the health of its employees, visitors, patients, vendors, and contractors with the adoption of tobacco -free policies on its campus; and Be it Further Resolved: The Common Council is in support of the BNMC declaring the zone that demarcates its campus to be a tobacco -free zone; and Be It Finally Resolved that: We create a steering committee consisting of member institutions of the Buffalo Niagara Medical Campus and community stakeholders to work with corporation counsel to research existing policies in other tobacco free campuses across the nation and write new rules for COB charter that adds the BNMC as a geographic zone in COB where tobacco is prohibited. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 92 BY: MRS. RUSSELL BUDGET AND PERSONNEL AMENDMENT - COUNCILMEMBER 3 01 - LEGISLATIVE 1004 - COMMON COUNCIL LEGISLATIVE #3 The Common Council of the City Of Buffalo does ordain as follows: That part of Section 1 of Chapter 35 of the Code of the City of Buffalo, relating to 01 - Legislative, 1004 - Common Council Legislative #3, which currently reads: 1 Senior Legislative Assistant $46,083 1 Legislative Aide $36,242 Is hereby amended to read: 1 Legislative Aide $36,242 1 Assistant Legislative Aide $27,018 It is hereby certified, pursuant to Section 3 -19 of the Charter, that the immediate passage of the foregoing ordinance is necessary. IT IS HEREBY CERTIFIED, that a personnel requisition incident to the creation of the above - mentioned position, containing a statement of the duties for such position, has been filed with the Municipal Civil Service Commission, and said Commission has approved and certified the position title set forth in the foregoing ordinance as being the appropriate Civil Service title for the proposed position BYRON W. BROWN, MAYOR, GERALD CHWALINSKI, CITY CLERK, AND DONNA J. ESTRICH, COMMISIONER OF ADMINISTRATION AND FINANCE, hereby certify that the above change is necessary for the proper conduct, administration and performance of essential services of that department. We recommend that the compensation for said position be fixed at the respective amount set forth in the foregoing Ordinance. BRYON W. BROWN GERALD CHWALINSKI MAYOR CITY CLERK DONNA J. ESTRICH COMMISSIONER OF ADMINISTRATION AND FINANCE Timothy Ball APPROVED AS TO FORM PASSED AYES 9 NOES 0 NO. 93 SPONSORED BY: COUNCILMEMBERS RUSSELL, FONTANA, SMITH, LOCURTO, PRIDGEN, FRANCZYK,RIVERA, GOLOMBEK, AND SCANLON PROCEDURE FOR SWEARING IN INDIVIDUALS TESTIFYING UNDER OATH BEFORE THE COMMON COUNCIL WHEREAS, the Common Council is entrusted by the public to fairly and honestly regulate public affairs and is empowered by the New York State Constitution and Municipal Home Rule Law to protect the health, safety, and welfare of the citizens of the City of Buffalo; and WHEREAS, the administration of the City's regulatory processes requires that the Common Council act and rely upon truthful representations made to it by members of the public who testify at public hearings, Committee meetings, and occasionally Council proceedings; and WHEREAS, there is concern that some applicants for city licenses and permits may have made false oral representations to this Council in order to secure licenses and permits; and WHEREAS, such false statements, when sworn under oath, may constitute perjury and therefore violate New York State Penal Code Article 210; and WHEREAS, this Council seeks to maintain the integrity of its proceedings and deliberations and to avoid the grant of privileges under false pretexts and /or representations; NOW, THEREFORE, BE IT RESOLVED that, before any applicant, or the agent or representative of an applicant, or any other person having a vested interest in the Council's award of a license, claim, permit, or other application before the City, shall speak before this Council, or before a committee of this Council, in furtherance of or in support of such application, the City Clerk, or a notary public or a commissioner of deeds, shall administer an oath to such applicant, orally or in writing, in the following form: "Do you swear that the testimony you are about to give is the truth, the whole truth, and nothing but the truth, subject to the penalties against perjury in the State of New York ? "; and BE IT FURTHER RESOLVED that any such applicant, agent, or representative who fails to swear such oath shall not be heard by this body or by any committee of this body. ADOPTED NO. 94 SPONSOR: DEMONE SMITH APPOINT CHIEF OF STAFF - COUNCIL STAFF(WYATT) Whereas: Rasheed Wyatt has served as Senior Legislative Assistant within the Common Council Central Staff Office; and Whereas: Rasheed has demonstrated his hard work and dedication by taking active roles with Council committees, the community, and acquiring increased responsibility in the Central Staff Office; and Whereas: Rasheed graduated from Medaille College with a Bachelor of Science degree. Now, Therefore, Be It Resolved: Rasheed Wyatt be appointed Chief of Staff to the Common Council, effective January 22, 2013. ADOPTED NO. 95 SPONSOR: MR. SMITH APPOINT LEGISLATIVE ASSISTANT - COUNCIL STAFF(SCARCELLO) Whereas: Samuel Scarcello, residing at 35 Britt Avenue, Buffalo, New York, 14220, is qualified to serve as a Legislative Assistant in the Common Council's Central Staff Office; and Whereas: Samuel Scarcello has a Bachelor's of Science Degree in Digital Media and Communications from Canisius College, served as Editor in Chief of The Griffin, and is involved in government and community affairs. Now, Therefore be it Resolved That: Samuel Scarecello is hereby appointed as a Common Council's Central StaffOffice, ADOPTED !416] 011; -16]:a C MILTi[6] 0 41PILTAI119:I NO. 96 APPONT ASSISTANT LEGISLATIVE AIDE MASTEN DISTRICT(MARKS) Whereas: Tianna Marks has served as an Intern in the Masten District Common Council Office; and Whereas: Tianna has demonstrated her hard work by taking active roles with constituents and the community; and Whereas: Tianna graduated from Buffalo State College with a Bachelor of Arts degree. Now, Therefore, Be It Resolved: Tianna Marks be appointed Assistant Legislative Aide to the Masten District Council Office, effective January 22, 2013. ADOPTED NO. 97 SPONSOR: DEMONE SMITH APPOINT SR. LEGISLATIVE ASSISTANT IV COUNCIL STAFF(FORTUNE) Whereas: Nikita Fortune has served as an Legislative Assistant and Senior Legislative Assistant in the Masten District Common Council Office; and Wheres: Nikita has demonstrated her hard work and dedication by taking active roles with constituents, the community, and acquiring increased responsibility in the Masten District Office; and Whereas: Nikita graduated from Canisius College with a Bachelor of Arts degree. Now, Therefore, Be It Resolved: Nikita Fortune be appointed Sr. Legislative Assistant IV to the Common Council, effective January 22, 2013. ADOPTED NO. 98 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: 57 Bagdasarian, Arment Balducci, Jason A. Baudo, Matthew S. Bolden, Wayne D. Brill, Robert Brown, Lydell P. Conroy, Lorianne Conway, John Curry, Michael E. Davis IV, Collin Diaz, Roberto Drumm, Christopher Felton, Frederick Fordham Jr., Jeffrey Franczyk, Michelle Garmon, Larry Garrett, Jarvis Gunsauley, Jamess Hall, Lorne E. Halligan, Courtney M. Hluchyj, Theresa M. Hughes, Edward D. Janowski, Joanne M. Lasky, James D. Lawson, Marcus Little, Jennifer M. Marino, Alfred Massey, Craig E. Mazur, William J. McBride, Brian McCool, Michael A. Milks, Neil J. Molenda, Donald Molnar, Timothy Moriarty, Sean M. Motley, Hamid Parsons, Tammy Prim, Dayeenah M. Purcell, Brian G: Quinn, James E. Reiser, Michael Rivera, Carlos Rudd, David C. Santos, Robert Scarcello, Samuel J. Simonick, George T. Suarez Sr., Ramon J. T rueheart, Vernon A. Turk, Michael Velez, Mario E. Vertino, John Vinovrski, Ronald Wagstaff, Wilfred Walker III, Luther Williams, Darryl L. Yox, David Zielinski, Richard J. ADOPTED NO. 99 BY: DEMONE A SMITH APPOINTMENTS COMMISSIONER OF DEEDS That the following person(s) are hereby appointed as Commissioner of Deeds for the term ending December 31, 2014, conditional, upon the person so appointed certifying under oath to their qualifications and filing same with the City Clerk: Divita, Jeanna Marie Grillo, Suzanne M. Herring, Christine Jeziorski, Kara Lewis, Richard Neish, Theresa Nobile, Gloria Pratcher, Fanchon Renee TOTAL:8 ADOPTED NO. 100 ANNOUNCEMENT OF COMMITTEE MEETINGS The following meetings are scheduled. All meetings are held in the Common Council Chambers, 13 floor City Hall, Buffalo, New York, unless otherwise noted. Regular Committees Committee on Civil Service Tuesday, January 29, 2013 at 9:45 o'clock A.M Committee on Finance following Civil Service Tuesday, January 29, 2013 at 10.00 o clock A.M. Committee on Comm. Dev. Tuesday, January 29, 2013 at 1:00 o'clock P.M. Committee on Legislation Tuesday, January 29, 2013 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.101 ADJOURNMENT On a motion by Mr. Smith, Seconded by Mrs. Russell, the Council adjourned at 2:29 p.m. GERALD A. CHWALINSKI CITY CLERK January 22, 2013