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Home My WebLink About13-0319NO. 6 PROCEEDINGS OF THE CITY OF BUFFALO MARCH 19, 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 MAYOR MAYOR - EXECUTIVE DATE March 19, 2013 FINAL 30- 1. Arts Comm -Award Art Conservation Contract($26,800.00) APP 31- 2. Arts Comm -Award Art Conservation Contract(286,500.00) APP POLICE 3. Arts Comm -Award Art Conservation Contract($405,460.00) APP 30. Drug Asset Forfeiture Wire Transfers 4. Cit Serv- Submission of Monthly Report -Feb 2013 R &F 31. Appoint Police Lieutenant(Prov)(Young) 5. Pres Bd- Application for Landmark Site -Trico Plant No 1- CORPORATION COUNSEL 791 Washington(Ell)(hrg 3/26) LEG 35- 6. Strat Plan- Report of Sale -700 Humboldt(Mas) CD PERMITS AND INSPECTIONS 7. Strat Plan- Report of Sale -79 Keystone(Lov) CD 32. Concerns 1210 Broadway/Liquor License Application(Fill) 8. Strat Plan- Report of Sale -694 Northumberland(Mas) CD 33. Food Store License(New) -2883 Bailey aka 2887 Bailey(Univ) 9. Strat Plan- Report of Sale -34 Norway(Ell) CD 34. Food Store License(New) -250 Hampshire(Nia) 10. Strat Plan- Report of Sale -69 Phyllis(Univ) APP 35. Food Store License(New) -241 Lexington aka 235 Lexington(Nia) 11. Strat Plan- Report of Sale -541 West Utica( Nia) APP 36. Food Store License(New) -290 Walden(Fill) 12. Strat Plan- Report of Sale -223 West(Ell) CD 37. Sidewalk Cafe -534 Elmwood(Nia) 13. Strat Plan- Report of Sale -294 & 298 Walden(Fill) APP 3 8. Sidewalk Cafe -220 Lexington(Nia) 14. Strat Plan- Report of Sale -206 Winslow(Mas) CD COMPTROLLER 15- 14A Certificate of Necessity - Unreserved Fund Balance R &F 16- 15. Refunding Bond Resolution - 2004 -A Refunding Serial Bond R &F 17- 16. Refunding Bond Resolution- 2009 -A School Facility Bonds R &F 18- 17. Second Quarter Gap Sheets Report- 2012 -2013 R &F PUBLIC WORK 19- 18. Notification Serials- 10660-6 1 (Waive 45 Days) R &F 20- 19. Change in Contract -Cars on Main St(Ell)600 Block(Main to Chippewa) APP 21- 20. Change in Contract -Fire and Police Dept -Quick Action Plans(Var) APP 22- 21. Change in Contract -North Bflo Ice Rink(Del) APP 23- 22. Handicap Ramp Within City ROW 1280 Main St(Ell) APP 24- 23. Permission to Accept Flags and Hardware - McKinley Pkwy(South) APP 25- 24. Permission to Hire Consultant- Libraries and City Service Bldgs APP 26- 25. Permission to Increase Consultant Contract - Conestoga- Rovers & Assoc APP 27- 26. Report of Bids - Broadway Market Armed Security FIN 28- 27. Report of Bids -Coca Cola Field- Distributed Stadium Sound System APP 29- 28. Report of Bids -Erie Basin Marina -The Hatch -HVAC Contract APP 30- 29. Report of Bids -Pools 2013 Specialty Work(Var) APP 31- 29A. Report of Bids -West Side Comm Ctr Window Replacement, Bldg Renov APP POLICE 32- 30. Drug Asset Forfeiture Wire Transfers R &F 33- 31. Appoint Police Lieutenant(Prov)(Young) CS CORPORATION COUNSEL 34- 31A Claims Committee Agenda- Meeting 03/27/2013APP A -8 AND B -1 REM TOCLAIMS 35- 31B Request for Immediate Approval of Two Items(A8 and B1) R &F PERMITS AND INSPECTIONS 36- 32. Concerns 1210 Broadway/Liquor License Application(Fill) LEG 37- 33. Food Store License(New) -2883 Bailey aka 2887 Bailey(Univ) LEG 38- 34. Food Store License(New) -250 Hampshire(Nia) APP 39- 35. Food Store License(New) -241 Lexington aka 235 Lexington(Nia) APP 40- 36. Food Store License(New) -290 Walden(Fill) LEG 41- 37. Sidewalk Cafe -534 Elmwood(Nia) APP 42- 3 8. Sidewalk Cafe -220 Lexington(Nia) APP 43- 39. Used Car Dealer -534 Colvin(Del) LEG ADMINISTRATION AND FINANCE 44- 40. List of Delinquent Tax, User Fees and Sewer Rent Liens -In Rem #47 R &F HOUSING AUTHORITY 45- 41. To Approve Memorandum of Agmt Btwn BMHA and Local 17s, International Union of Operating Engineers APP CITY CLERK 46- 42. Liquor License Applications R &F 47- 43. Leaves of Absence R &F 48- 44. Reports of Attendance R &F 49- 45. Notices of Appointments - Council Interns ADOPT 50- 46. Notices of Appointment - Seasonal R &F 51- 47. Notices of Appointments- Temp/Prov/Perm CS MISCELLANEOUS 52- 48. Minister Dr, M. Chapman- Remarks Given at CD Mtg Re Fruitbelt Comm Dev_CD 53- 49. LP Ciminelli -Bd Packet Documents -March 2013 ED 54- 50. D. Denk - NYSDEC SEQR Lead Agency Battaglia Transfer Station 60- 56. C. Hawley - Elmwood Village Assoc - Official Comments on the Bflo GreenCode LEG 61- 57. F. Murray- Request Police Camera Be Installed at Orleans St. and Shirley Ave POL,SAVE OUR ST T/F 62- 57A NYSDEC -SEQR Lead Agency Coord- Battaglia Transfer Station LEG 1037 -1055 Seneca St(Fill) R &F 55- 51. Erie Canal Dev Corp- Notice of Intent to Act as Lead Agency for SEQR- LEG 65- 58A. M. Rourtree -Erie Cty Div of Plan- Action for 400 Forest Ave R &F 17 Locations(14 Grain Elevator and 3 Bridges CD 56- 52. D. Funke - Supports Extension of Buffalo's Light Rail CD 57- 53. D. Gallagher- Cohen - Support Rezoning of 400 Forest R &F 58- 54. J. Golombek -F. Rzemek -Info Food Trucks/Mobile Kitchens LEG 59- 55. J. Golombek- Various Food Store Licenses LEG 60- 56. C. Hawley - Elmwood Village Assoc - Official Comments on the Bflo GreenCode LEG 61- 57. F. Murray- Request Police Camera Be Installed at Orleans St. and Shirley Ave POL,SAVE OUR ST T/F 62- 57A NYSDEC -SEQR Lead Agency Coord- Battaglia Transfer Station LEG 63- 57B D. Pridgen - Redevelopment of the McCarley Garden/Fruitbelt Communities CD 64- 58. D. Pridgen -Info Deli Stores in Ellicott LEG 65- 58A. M. Rourtree -Erie Cty Div of Plan- Action for 400 Forest Ave R &F 66- 58B D. Rivera- Request D. Kazmierczak to Speak on Citation From the COB LEG 67- 59. B. Russell-List of Deli Stores(Various Districts) LEG 68- 60. M. Schmand -Bflo Place's Role in Administering the Special Downtown Dist LEG 69- 61. J. Silverman- Supports Rezoning of Richardson Ctr Corp at 400 Forest Ave R &F 70- 62. D. Smith -Dr. P. Brown -Bflo Public Schools 2013 Strategic Process ED 71- 63. D. Smith -Dr. P. Brown - Draft - Developing Safe and Supportive Schools ED 72- 64. St. John Fruit Belt Community Development - Historical Overview CD PFTTTTnNS 73- 65. J. Price, Agent Use 765 Elmwood for an Outdoor Patio(Del)(hrg 3 /26)_LEG,CPBD,ZONING 74- 66. C. Ntapolias, Owner, Use 1900 Hertel -New Owner in Existing Rest. In Hertel Ave Special District(Del)(hrg 3/26) LEG,CPBD 75- 67. S. Sysombourne, Agent, Use 810 Elmwood- Reestablish Sit -In Restaurant and New Outdoor Patio(Del)(hrg 3/26) LEG,CPBD 76- 68. D. Putnam, Owner, Use 936 Elmwood aka 946 - Expand an Existing Bar/Rest W /Outdoor Patio in Elmwood Special Zoning District(Del)(hrg 3 /26)LEG,CPBD 77- 69. M. Bevilacqua, Agent, Use 715 Elmwood, Change to Take Out Rest W /Outdoor Patio on City ROW(Del)(hrg 3/26) LEG,CPBD 78- 70. K. Gardner, Owner, Use 44 Brayton for a Change of Use from a Dog Kennel to a Sit in Restaurant/Bakery and Outdoor Patio (hrg 3 /26)(Nia) LEG,CPBD,ZONING 79- 71. D. Hall, Agent, Use 1005 Abbott Rd to Place Underground Gas Storage Tanks, Pump Islands Canopy and Move Driveway(South)(hrg 3/26) LEG,CPBD 80- 72. W. Sierra, Agent, Use 1256 Hertel to Open Existing Rest in The Special Zoning District(Del)(hrg 3/26) LEG,CPBD 81- 72A J. Goetz, Owner, Use 1472 Hertel to Reestablish a Sit in Restaurant /Sidewalk Cafe(Del)(hrg 3/26) LEG,CPBD 82- 73. A. Terragnol, Agent, Use 301 Franklin St for a Change in Use From Offices to A Sit -In Restaurant With a Sidewalk Cafe in City ROW(Ell)(no pub hrg)LEG,CPBD 83- 74. S. Femmessy, Agent, Use 73 Leslie to Convert a Warehouse to a Human Service Facility(Fill)(no pub hrg) LEG,CPBD 84- 74A L. Vishwanath, Agent, Use 58 Oberlin to Erect 2 Story Frame Apartment Bldg -20 Units With Parking(Fill)(no pub hrg) LEG,CPBD,ZONING RESOLUTIONS 130- 75. Fontana Appoint Member to The Cat Task Force(Tutzauer) ADOPT 131- 76. Fontana Appoint Marriage Officer(Allen) ADOPT 132- 76A. Fontana,etc Amend Charter Section 175 to Allow One Free Ton of Garbage At Transfer Station Per Yr to Only Owner Occupied DwellingsLEG 133- 77. Golombek Ordinance Amendment - Article IX Mobile Food Vehicle Vendors 134- 78. Golombek Request Rename Portion of Letchworh St(North) ADOPT 2" RES REM TO LEG 135- 79. LoCurto Exploring Funding Incentives for Deve of Former N. Park LibraryADOPT 136- 80. LoCurto Waive Permit Fees -5 Loaves Farm's Urban Maple Sugaring Demo In Delaware Park APP 137- 81. LoCurto Waive Permit Fees - Parkside Summer Arts Prog. And PCA's "Movies in the Meadow" APP 138- 82. Pridgen Community Chess Project for Niagara Square ADOPT 139- 83. Pridgen Formation of Fruit Belt Neighborhood Advisory Council ADOPT 140- 83A. Pridgen Permission to Hang Banners for May as Mental Health Awareness Month APP 141- 83B. Rivera Fee Waiver and use of Residential Area Prkg Prog Lot 182 Grant St For Health Fair APP 142- 84. Scanlon,etc Establish an Online Payment Resource and Statute Limitations For Occupancy Tax Lien ADOPT 143- 85. Scanlon Refinancing of All or Portion of Phase IV Series 2009A Bonds APP 144- 86. Scanlon Refunding Bond Resolution -2004A Refunding Serial Bonds APP 145- 86A Scanlon Transfer of Funds - Unreserved Fund Balance APP 146- 87. Smith, etc Buffalo Employment & Training Center ADOPT 147- 88. Smith, etc FIRM-An Act to Amend The Vehicle and Traffic Law, Gen Mun Law in Relation to Authorizing Certain Cities to Adj Traffic LawsADOPT 148- 89. Smith, etc Security Cameras in Taxi Cabs ADOPT RES' S REM LEG 149- 89A Smith Waive Park Rental and Event Fees Associated for Various Events 150- 90. Smith Comm of Deeds Public Duties ADOPT SUBMISSION LIST OF COMMITTEE ITEMS FOR THE COUNCIL MEETINGS CIVIL SERVICE 85- 1. Com 10 Mar 5 Appoint Assistant Auditor (Prov)(Max)(Hwang)(Compt) APP 86- 2. Com 11 Mar 5 Appoint HUD Grants Fiscal Administrator (Prov)(Max)(Hlavaty)(Compt) APP 87- 3. Com 43 Mar 5 Notices of Appointments- Temp /Prow /Perm(Cty Clk) R &F FINANCE 88- 4. Com 32 Mar 5 Second Quarter Gap 2012- 2013(A &F) R &F COMMUNITY DEVELOPMENT 89- 5. Com 6 Nov 27 Report of Sale -237 Hudson(Ell)(Strat Plan) APP 90- 6. No 52 Nov 13 D. Rivera -S. Hoyt- Recent Changes and Improvements at the Peace Bridge R &F 91- 7. No 37 Oct 30 Clean Air Coalition WNY- Response to NYS's White Paper Reg Asthma on The West Side R &F 92- 8. No 44 Oct 30 D. Rivera -Anti- Idling and Air - Monitoring at Bflo Peace Bridge R &F 93- 9. No 42 Oct 2 K. Mecca -Info Peace Bridge Expansion Project R &F 94- 10. No 43 Oct 2 K. Mecca - Concerns PBA's 2011 Wide Load Program Inc Traffic at Peace Bridge_ R &F 95- 11. No 44 Oct 2 K. Mecca - Concerns Environmental Impact of Peace Bridge Exp Project R &F 96- 12. No 67 Oct 2 K. Mecca -NHL Locks out Players As Labor Agmt Expires -No More Congestion at Peace Bridge( 446,9/18) R &F 97- 13. No. 51 Sept 18 D. Stebbins - Buffalo Building Project R &F 98- 14. No 128 Sept 4 Rescind Sale & Forfeit Deposit 64 Hayes(Lov)(Strat Plan)( 411.6 /26)(485,7/24)_R &F 99- 15. No 51 July 10 M. Hamilton & O -I Am Ministries Inc. -To Build Comm Ctr at 47 & 51 Stevens(Mas) R &F 100- 16. No 64 June 26 D. Rivera -A Giacalone -Peace Bridge Auth Failure to Obtain Demo PermitsR &F 101- 17. No 65 June 26 D. Rivera -A Giacalone -Peace Bridge is a State Agency Obliged to Follow State Law R &F 102- 18. No 66 June 26 D. Rivera -World Health Org Press Release - Diesel Engine Exhaust Carcinogenic R &F 103- 19. No 67 June 26 L. Valvo- Support of Demolition of Vacant Houses on Busti Avenue R &F 104- 20. No 39 June 12 D. Rivera- Various Correspondences Re Air Quality Issues Surrounding Peace Bridge Neighborhood R &F 105- 21. No 40 June 12 Russi- Support to Demo Houses on Busti Ave R &F 106- 22. No 56 Mar 20 S. Norris - Support "Beyond the Border" R &F 107- 23. No 62 Mar 20 D. Smith - Article -No Renovations to Ralph Wilson Stadium R &F 108- 24. No 58 Jan 24 M. Taber - Request Street Resurfacing Clinton/Bailey Area R &F 109- 25. No 34 Dec 13 Bflo Niag Partnership -2012 Regional Agenda R &F 110- 26. No 46 Dec 13 D. Rivera- Traffic Studies and Reports- Niagara's Border R &F 111- 27. No 35 Nov 15 D. Rivera- Info - Beyond The Peace Bridge R &F 112- 28. No 55 Oct 4 D. Smith -J. Booth - Bicycle /Ped Advisory Bd Snow /Ice Removal Policy R &F 113- 29. Res 89 Oct 4 Proposal to Sell 217, 231 Brinkman to Patricia Gauthier(exc res) R &F 114- 30. No 26 Nov 30 D. Smith -Home Front Clients Paid Fees R &F 115- 31. No 47 Jan 5 D. Smith -B. Mock - Article Can They Save Youngstown R &F LEGISLATION 116- 32. No 58 Mar 5 W. Breeser, Owner, Use 1270 Niagara St. to Convert a Warehouse to a Fitness Center in the Niagara River Coastal Special Review Dist(Nia)(Hrg 3/12) APP 117- 33. No 59 Mar 5 J. Glavey, Owner, Use 904 Abbott, For Outdoor Caf6(Hrg 3 /12)(South) APP 118- 34. No 60 Mar 5 P. Strada, Agent, Use 396 Kenmore, For a Freestanding Pole Sign with LED Component(no hrg)(Univ) DENY 119- 35. No 49 Mar 5 C. Paladino- Correspondence Reg Amanda Wienckowski R &F 120- 36. No 75 Mar 5 C. Auerbach, Agent, Rezone 400 Forest for A Mixed Use Campus /Boutique (Hrg 3 /5)(North)( 463, 2/19) APP 121- 37. No 77 Mah 5 Food Store(New) 177 French (Fill)(EDPI)( 442, 2/19) APP W /COND 122- 38. No 78 Mar 5 Used Car Dealer 160 Abbott(South)(EDPI)( 444, 2/19) RECOMMIT 123- 39. No 79 Mar 5 F. Crngarov, Owner, Use 2516 Main -For Underground Storage Tank, Erect 1 Story Masonry Retail Q /Fuel Station and Pole Sign (hrg 1 /29)(Del)( 458,1/22)( 4105.2 /19) APP W /COND 124- 40. Com 16 Jan 8 Food Store License Renewals(EDPI) APP W /COND EXC ADDRESSES SUBMITTED FOR RECOMMIT 125- 41. Com 43 Feb 19 Food Store (New) 2272 Genesee(Lov)(EDPI) APP 126- 42. Com 35 July 24 Food Store License(New) -3 Lakeview (Ell)(EDPI) APP W /COND EDUCATION 127- 43. No 53 Feb 19 LP Ciminelli -Board Packet Documents - February 2013 R &F 128- 44. No, 52 Jan 22 LP Ciminelli -Board Packet Documents - January 2013 R &F 129- 45. No 41 Dec 11 LP Ciminelli -Board Packet Documents - December 2012 R &F CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO TUESDAY, MARCH 19, 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 March 5, 2013 were approved. FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE BUFFALO ARTS COMMISSION NO. 1 AWARD OF ART CONSERVATION CONTRACT ($26,800.00) The Buffalo Arts Commission is requesting permission from your Honorable Body to enter into a contract with Conservant for the conservation /preservation of five City of Buffalo paintings and one lithograph. The dollar amount of this contract is $26,800.00. Funds have been allocated in Bond Fund Account Number 39310506 Monument Restoration. The five paintings and one lithograph are Mayor and Common Council 1860, Mayor Henry K. Smith, Mayor Jonathan Scoville, Mayor Isaac R. Harrington, Mayor Charles F. Bishop and Mayor Alexander Brush. Please see attached for a breakdown of the cost. A formal RFP was issued on July 9, 2012. One proposal was received. It was reviewed by the Buffalo Arts Commission, and its board, and was found to be the best value to the City of Buffalo. The board reviewed price, references and types of treatments being offered. Mr. Smith moved: That the above item be, and the above communication from the Buffalo Arts Commission, dated March 19, 2013, be received and filed, and That the Common Council hereby authorizes the Buffalo Arts Commission to enter into a contract with Conservant for the conservation /preservation of five (5) City of Buffalo paintings and one (1) lithograph. Funding for this project has been allocated in Bond Fund Account Number 39310506 - Monument Restoration. PASSED AYES 9 NOES 0 NO. 2 AWARED OF ART CONSERVATION CONTRACT($286,500.00) The Buffalo Arts Commission is requesting permission from your Honorable Body to enter into a contract with Conservation of Sculpture & Objects Studio, Inc. for the conservation /preservation of eleven City of Buffalo monuments and sculptures. The dollar amount of this contract is $286,500.00. Funds have been allocated in Bond Fund Account Numbers 34324406 Monument Restoration and 35403606 Monument Restoration. The eleven statues and monuments are Giuseppe Verdi (Replica), Police Reserve WWI Memorial, Martin Luther King Jr. Memorial, 10 Exemption Board District WWI Memorial, Municipal Baseball Association WWI Memorial, War of 1812 Plaque, The Hiker (Spanish American War Monument), Soldiers and Sailors Monument, John Maynard Plaque, Katyn Forest Massacre Plaque and Oliver Hazard Perry. Please see attached for a breakdown of the cost. A formal RFP was issued on July 9, 2012. Three proposals were received. All were reviewed by the Buffalo Arts Commission, and its board. For the above works of art, Conservation of Sculpture & Objects Studio, Inc. was found to be the best value to the City of Buffalo. The board reviewed price, references and types of treatments being offered. Mr. Smith moved: That the above item be, and the above communication from the Buffalo Arts Commission, dated March 19, 2013, be received and filed, and That the Common Council hereby authorizes the Buffalo Arts Commission to enter into a contract with Conservation of Sculpture & Objects Studio, Inc. for the conservation /preservation of eleven (11) City of Buffalo monuments and sculptures. Funding for this project has been allocated in Bond Fund Account Numbers 34324406 - Monument Restoration and 35403606- Monument Restoration PASSED AYES 9 NOES 0 NO. 3 AWARD OF ART CONSERVATION CONTRACT ($405,460.00) The Buffalo Arts Commission is requesting permission from your Honorable Body to enter into a contract with Architectural Preservation Services for the conservation /preservation of eight City of Buffalo monuments and sculptures. The dollar amount of this contract is $405,460.00. Funds have been allocated in Bond Fund Account Numbers 33321206 Monument Restoration and 34324406 Monument Restoration. The eight statues and monuments are Renaissance Lampposts, Jesse Clipper Memorial, Seneca Indian Park Plaque, World War I Memorial Plaque, General Daniel Davidson Bidwell, City Hall Frieze East. City Hall Frieze West and the William McKinley Monument Please see attached for a breakdown of the cost. A formal RFP was issued on July 9, 2012. Three proposals were received. All were reviewed by the Buffalo Arts Commission and its board. For the above works of art, Architectural Preservation Services was found to be the best value to the City of Buffalo. The boar(: reviewed price, references and types of treatments being offered. Mr. Smith moved: That the above item be, and the above communication from the Buffalo Arts Commission, dated March 19, 2013, be received and filed, and That the Common Council hereby authorizes the Buffalo Arts Commission to enter into a contract with Architectural Preservation Services for the conservation /preservation of eight (8) City of Buffalo monuments and sculptures. Funding for this project has been allocated in Bond Fund Account Numbers 3321206 - Monument Restoration and 34324406 - Monument Restoration PASSED AYES 9 NOE 0 FROM THE OFFICE OF CITIZEN SERVICES NO.4 SUBMISSION OF MONTHLY REPORT- FEBRUARY 2013 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 February 20!3, 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 BUFFALO PRESERVATION BOARD NO. 6 APPLICATION FOR LANDMARK /LANDMARK SITE TRICO PLANT NO 1- 791 WASHINGTON (ELL)(HRG 3/26) Buffalo Preservation Board 901 City Hall Buffalo, New York 14202 Telephone: (716)851 -5029 Fax: (716) 851 -4388 Instructions to Applicant: The following information is required, at a minimum, prior to the Buffalo Preservation Board considering an application complete: a) Three (3) copies of this application; b) One complete set of quality photographs, (Preferably 8 "x 10 "), of all exterior elevations of the building. Interior photographs may also be submitted; c) A site plan, map or survey that indicates in sufficient details what building /properties are being proposed for designation; d) Any additional information you can furnish that substantiates that the property is deemed to be of architectural, historical, geographical, cultural or aesthetic significance. Failure to submit the required information may result in an incomplete application and delay the review process: *check in the amount of $500.00 made out to the City Of Buffalo Preservation Board must be submitted at time of application for non -owner occupied structures /sites. Please provide the following on the property for which landmark consideration is requested. 1. Address of Site: 791 Washington Street A.K.A. 817 Washington Street 2. Name of Property (if any): Trico Plant No. 1 3. Name of Present Owner: Buffalo Brownfield Restoration Corporation, subsidiary of Buffalo Urban Development Corporation Address: 143 Genesee St., Buffalo, NY 14203, Phone: 716 - 856 -6525 Contact person: Peter Cammarata. Phone: 716 - 362 -8361 Note: If property is in multiple ownership, list the names /addresses of other persons having legal or equitable interest in property: 4. Has the owner, if other than applicant, been contacted? Owner will be contacted as per City of Buffalo Code. If yes, is owner in favor of landmark designation? Agency is proposing demolition, presumption is no If yes, submit a signed statement /affidavit by owner supporting Designation. 5. Present use of property: Vacant 6. Year of Construction: 1920 - 1950 7. Architect: Plumer & Mann Engineers and Architects Information Source: Kowsky 8. Is property endangered? Yes If yes, explain: Owner and prospective owner have proposed demolition 9. The Trico Building meets the following criteria (1, 3, 4, 5, 7, 9) for Land marking as per: United States Department of Interior Standards for Historic Preservation and the Preservation Standards as cited in the Chatter and Code of the City of Buffalo, New York. Criteria 1: It has character, interest, or value as part of the development, heritage, or cultural characteristics of the city, state, or nation. (Principal plant of the world's first, and for decades, largest windshield wiper manufacturer, an item ubiquitous around the world. Trico employed thousands of people at its peak, and founder John Oishei was a significant supporter of many social institutions personally and founded the what is now the John Oishei Foundation). Criteria 3: It exemplifies the historic, aesthetic, architectural, archeological, educational, economic, or cultural heritage of the city, state, or nation (steel reinforced concrete construction defined the daylight factory, and Buffalo was a prime location in the development of reinforced concrete in buildings). Criteria 4: It is identified with a person or persons who significantly contributed to the development of the city, state, or nation. (John Oishei) Criteria 5: It embodies distinguishing characteristics of an architectural style valuable for the study of a period, type, method of construction, or use of indigenous materials. (reinforced concrete construction and the daylight factory) Criteria 7: It embodies elements of design, detailing, materials, or craftsmanship that render it architecturally significant. Criteria 9: It is a unique location or contains singular physical characteristics that make it an established or familiar visual feature within the city. (Location between downtown, Allentown, the Fruitbelt and the medical complex, on Goodell Street renders it part of the everyday life of Buffalonians and visitors. It is part of the Goodell Street canyon that is an important cultural landscape that helps define the city's urbanity) 10. Please find attached the National Registration of Historic Places Registration Form for Trico Plant #1,817 Washington Street, Buffalo, NY 14203 11. Name of Applicant: Paul McDonnell, Chair, Buffalo Preservation Board Organization: Buffalo Preservation Board I hereby certify that the information contained herein is tree and correct to the best of my knowledge. Paul O'Donnell REFERRED TO THE COMMITTEE ON LEGISLATION FROM THE OFFICE OF STRATEGIC PLANNING NO. 6 REPORT OF SALE 700 HUMBOLDT (MAS)(STRAT PLAN) Report of Sale 700 Humboldt, 60' S Sidney Lot Size: 30'x 150' Assessed Valuation: Land $1,200, Improvement $ 3,800. Total: $ 5,000. (Masten District) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Mario M. Whitt and Mrs. Rachon M. Whitt of Moon Realty, LLC, 151 Burke Drive, Cheektowaga, New York 14215 to purchase 700 Humboldt Parkway. Mr. and Mrs. Whitt will renovate the dwelling for use as an income property. They have estimated the cost of renovations to be Twenty Three Thousand Seven Hundred Fifty Dollars ($23,750) that has been reviewed by the Division of Real Estate. Moon Realty, LLC has provided proof of financial ability to complete the purchase and repair the property. 700 Humboldt consists of 2,746 square feet, two and one half story frame, two family dwelling in poor condition situated on a lot 30' x 150'. 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 purchasers own one (1) other investment property in the City of Buffalo. They plan to manage this property themselves. 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 purchasers. The property was appraised by GA.R. Associates Inc. to estimate the fair market value of 700 Humboldt. The Fair Market Value was estimated to be Two Thousand Five Hundred Dollars ($2,500). The City of Buffalo Appraisal Review Board reviewed the appraisal report and concurs with the appraiser's estimate of value. Mr. Mario M. Whitt and Mrs. Rachon M. Whitt on behalf of Moon Realty, LLC have agreed and are prepared to pay Two Thousand Five Hundred Dollars ($2,500) for the subject property. They have 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 700 Humboldt Parkway to Moon Realty, LLC in the amount of Two Thousand Five Hundred Dollars ($2,500). f 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. 7 REPORT OF SALE 79 KEYSTONE (LOV)(STRAT PLAN) Report of Sale 79 Keystone, 458.03' S Walden Lot Size: 30'x 105' Assessed Valuation: Land $ 3,200. Improvement $ 6,800. Total: $10,000. (Lovejoy District) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Benoy B. Majumder, 323 Wallace Avenue, Toronto, Canada M6P 3N6 to purchase 79 Keystone Avenue. Mr. Majumder will renovate the dwelling for use as an income property. He has estimated the cost of renovations to be Fourteen Thousand Four Hundred Dollars ($14,400) that has been reviewed by the Division of Real Estate. Mr. Majumder has provided proof of financial ability to complete the purchase and repair the property. 79 Keystone consists of 1,026 square feet, one and one half story frame, one family dwelling in poor condition situated on a lot 30' x 105'. 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 purchaser Mr. Majumder owns six (6) investment properties in the City of Buffalo and is utilizing a local property manager, Mr. Abul Hashem Talukder of 39 Vernon Place, Buffalo, New York 14214 to manage the properties, who is a relative of Mr. Majumder. Mr. Talukder has applied for the appropriate City license per ordinance. 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. The property was appraised by G.A.R. Associates, Inc. to estimate the fair market value of 79 Keystone. The Fair Market Value was estimated to be Five Thousand Dollars ($5,000). The City of Buffalo Appraisal Review Board reviewed the appraisal report and concurs with the appraiser's estimate of value. Mr. Majumder has agreed and is prepared to pay Five Thousand Dollars ($5,000) 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 79 Keystone Avenue to Mr. Benoy B. Majumder in the amount of Five Thousand Dollars ($5,000). 1 am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. CHRISTIE R. NELSON DIRECTOR OF REAL ESTATE OFFICE OF STRATEGIC PLANNING REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 8 REPORT OF SALE 694 NORTHUMBERLAND(MAS)(STRAT PLAN) Report of Sale 694 Northumberland, 439.08' S Kensington Lot Size: 30'x 125' Assessed Valuation: Land $ 3,700. Improvement $34,000. Total: $37,700. (Masten District) The Office of Strategic Planning, Division of Real Estate has received a request from Ms. Sarita Brown on behalf of Universal Debt Solutions, LLC, 84 Manhattan Avenue, Buffalo, New York 14215 to purchase 694 Northumberland Avenue. Ms. Brown will renovate the dwelling for use as an income property. She has estimated the cost of renovations to be Ten Thousand One Hundred Seventy Dollars ($10,175) that has been reviewed by the Division of Real Estate. Ms. Brown has provided proof of financial ability to complete the purchase and repair the property. 694 Northumberland consists of 1,260 square feet, one and one half story frame, one family dwelling in poor condition situated on a lot 30'x 125'. The property was acquired by the City through In Rem #42, in October 2008. There have been no other qualified /eligible offers for the property, since being acquired by the City. Ms. Brown does not own any property in the City of Buffalo and is utilizing a local property manager, Mr. Darren Harris of 84 Manhattan Avenue, Buffalo, New York 14215. Mr. Harris has applied for the appropriate City license per ordinance. 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. The property was appraised by G.A.R. Associates, Inc. to estimate the fair market of 694 Northumberland. The Fair Market Value was estimated to be Four Thousand Dollars ($4,000). The City of Buffalo Appraisal Review Board reviewed the appraisal report and concurs with the appraiser's estimate of value. Ms. Sarita Brown has agreed and is prepared to pay Four Thousand Dollars ($4,000) 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 694 Northumberland Avenue to Universal Debt Solutions, LLC for the amount of Four Thousand Dollars ($4,000). 1 am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 9 REPORT OF SALE 34 NORWAY (ELL)(STRAT PLAN) Report of Sale 34 Norway, 239.30' S Dodge Lot Size: 33'x 1 00' Assessed Valuation: Land Improvement $3,100. Total: (Ellicott District) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Don Wilger and Mr. Chris Stroud on behalf of Premier Investment Properties, LLC, 266 Elmwood Avenue, Apt. 365, Buffalo, New York 14222 to purchase 34 Norway Park. Premier Investment Properties, LLC will renovate the dwelling for use as an income property. They have estimated the cost of renovations to be Twenty Three Thousand Three Hundred Dollars ($23,300) that has been reviewed by the Division of Real Estate. Premier Investment Properties, LLC have provided proof of financial ability to complete the purchase and repair the property. 34 Norway Park consists of 2,576 square feet, two and one half story frame, two family dwelling in poor condition situated on a lot 33' x 100'. 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. Premier Investment Properties, LLC own and manage one (1) other investment property in the City of Buffalo. They also operate as Pinnacle Property Solutions of Western New York, 360 Dallas Highway SW STE 230 PMB 122, Marietta, Georgia 30064 -1685 and own and currently manage five (5) investment properties in the City of Buffalo. 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 purchasers. The property was appraised by G.A.R. Associates, Inc. to estimate the fair market of 34 Norway Park. The Fair Market Value was estimated to be Five Thousand Dollars ($5,000). The City of Buffalo Appraisal Review Board reviewed the appraisal report and concurs with the appraiser's estimate of value. Mr. Don Wilger and Mr. Chris Stroud on behalf of Premier Investment Properties, LLC have agreed and are prepared to pay Five Thousand Dollars ($5,000) for the subject property. They have also agreed to pay for the cost of the transfer tax and recording fees. Ranaiah Sunstar of Red Door Real Estate 982 Elmwood Avenue. Buffalo New York 14222 initiated the sale to Mr. Wilger and Mr. Stroud and will be paid a commission of Five Hundred Dollars ($500). 1 am recommending that Your Honorable Body approve the sale of 34 Norway Park to Premier Investment Properties LLC for the amount of Five Thousand Dollars ($5,000). 1 am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. CHRISTIE R. NELSON DIRECTOR OF REAL ESTATE OFFICE OF STRATEGIC PLANNING REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 10 REPORT OF SALE 69 PHYLLIS (UNIV)(STRAT PLAN) Report of Sale 69 Phyllis, 94; W Suffolk Lot Size: 32'x 105' Assessed Valuation: Land: $ 4,300. Improvement: $34,700. Total: $39,000. (University District) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Darren R. Fugate and Mrs. Deborah F. Fugate, 70 Hamlin Road, Buffalo, New York 14208 to purchase 69 Phyllis Avenue. Mr. and Mrs. Fugate will renovate the dwelling for use as an income property. They have estimated the cost of renovations to be Five Thousand Six Hundred Dollars ($5,600) that has been reviewed by the Division of Real Estate. Mr. and Mrs. Fugate have provided proof of financial ability to complete the purchase and repair the property. 69 Phyllis consists of 1,478 square feet, two story frame, one family dwelling in poor condition situated on a lot 32'x 105'. 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 purchasers Mr. and Mrs. Fugate own two (2) other investment properties that they manage themselves. 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 purchasers. The property was appraised by G.A.R. Associates, Inc. to estimate the fair market value of 69 Phyllis. The Fair Market Value was estimated to be Four Thousand Five Hundred Dollars ($4,500). The City of Buffalo Appraisal Review Board reviewed the appraisal report and concurs with the appraiser's estimate of value. Mr. and Mrs. Fugate have agreed and are prepared to pay Four Thousand Five Hundred Dollars ($4,500) for the subject property. They have 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 69 Phyllis Avenue to Mr. Darren Fugate and Mrs. Deborah Fugate in the amount of Four Thousand Five Hundred Dollars ($4,500). 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 March 11, 2013, be received and filed; That the offer from Mr. Darren R. Fugate and Mrs. Deborah F. Fugate, of 70 Hamlin Road, Buffalo, New York 14208, in the amount of Four Thousand Five Hundred Dollars ($4,500.00) for the purchase of 69 Phyllis, 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 REPORT OF SALE 641 WEST UTICA(NA)(STRAT PLAN) Report of Sale 541 West Utica, 128' E Shields Lot Size: 32'x 191' Assessed Valuation: $4,500. The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Anthony D'Aloisio, 7813 Catherine Street, Derby, New York 14047 to purchase 541 West Utica Street. Mr. D'Aloisio owns an auto body shop with upper apartments at 533 West Utica which is adjacent to 541 West Utica. 541 West Utica is zoned R -2 and would not permit the storage of vehicles on the site. Mr. D'Aloisio intends to extend his property line. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. A market analysis performed by the Division of Real Estate showing similar sales in the area range from Eighty Cents ($.80) to One Dollar and Fifty Cents(S1.50) per square foot. Mr. D'Aloisio has agreed and is prepared to pay Six Thousand Dollars ($6,000), Ninety Eight Cents ($.98) 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 541 West Utica Street to Mr. Anthony D'Aloisio for the amount of Six Thousand Dollars ($6,000). 1 am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. 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 March 12, 2013, be received and filed; That the offer from Mr. Anthony D'A1 osio, of 7813 Catherine Street, Derby, New York 14047, in the amount of Six Thousand Dollars ($6,000.00) for the purchase of 541 West 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. 12 REPORT OF SALE 223 WEST (ELL)(STRAT PLAN) Report of Sale 223 West, 140' NW Hudson Lot Size: 60'x 36' Assessed Valuation: $100. (Ellicott District) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. William Garcia, 219 West Avenue, Buffalo, New York 14201 to purchase 223 West Avenue. Mr. Garcia owns and resides at 219 West which is adjacent to 223 West. He intends to use the vacant lot for green space. Mr. Garcia has an open repair permit and is currently undergoing renovations. 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 Seventy Cents ($70) to One Dollar and Fifty Cents(S1.50) per square foot. Mr. Garcia has agreed and is prepared to pay One Thousand Nine Hundred Dollars ($1,900), Eighty Eight Cents ($.88) 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 223 West Avenue to Mr. William Garcia for the amount of One Thousand Nine Hundred Dollars ($1,900). 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. 13 REPORT OF SALE 294 & 298 WALDEN(FILL)STRAT PLAN) Report of Sale 294 Walden, 31' E St. Louis Lot Size: 30'x 120' Assessed Valuation: $1,500. 298 Walden, 61' E St. Louis Lot Size: 30'x 120' Assessed Valuation: $1,500 (Fillmore District) The Office of Strategic Planning, Division of Real Estate has received a request from Mrs. Nibela Nagi, 78 Lehigh Avenue, Lackawanna, New York 14218 to purchase 294 and 298 Walden Avenue. Mrs. Nagi owns a commercial building with upper apartments at 290 Walden which is adjacent to 294 and 298 Warden. She intends to use the vacant lots for green space. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. A market analysis performed by the Division of Real Estate showing similar sales in the area range from Forty Cents ($.40) to Ninety Cents($.90) per square foot. Mrs. Nagi has agreed and is prepared to pay Three Thousand Six Hundred Dollars ($3,600), Fifty Cents ($.50) per square foot for the subject properties. 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 Of294 and 298 Walden Avenue to Mrs. Nibela Nagi for the amount of Three Thousand Six Hundred Dollars ($3,600). 1 am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. 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 March 11, 2013, be received and filed; That the offer from Mrs. Nibela Nagi, of 78 Lehigh Avenue, Lackawanna, New York 14218, in the amount of Three Thousand Six Hundred Dollars ($3,600.00) for the purchase of 294 Walden and 298 Walden, 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. 14 REPORT OF SALE 206 WINSLOW (MAS)(STRAT PLAN) Report of Sale 206 Winslow, 372'W Humboldt Lot Size: 30'x 108' Assessed Valuation Land $1,900 Improvement: $ 3,100.Total: $5,000 (Masten District) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Leighton B. Lindsay and Mrs. Dawn M. Lindsay, 654 Amherst Street, Buffalo, New York 14207 to purchase 206 Winslow Avenue. Mr. and Mrs. Lindsay will renovate the dwelling for use as a place of residence. They have estimated the cost of renovations to be Four Thousand Fifty Dollars ($4,050)that has been reviewed by the Division of Real Estate. Mr. and Mrs. Lindsay have provided proof of financial ability to complete the purchase and repair the property. 206 Winslow consists of 2,240 square feet, two and one half story frame, two family dwelling in poor condition situated on a lot 30' x 108'. The property was acquired by the City through In Rem #43, 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 purchasers. The property was appraised by G.A.R. Associates, Inc. to estimate the fair market value of 206 Winslow. The Fair Market Value was estimated to be Two Thousand Five Hundred Dollars ($2,500). The City of Buffalo Appraisal Review Board reviewed the appraisal report and concurs with the appraiser's estimate of value. Mr. and Mrs. Lindsay have agreed and are prepared to pay Two Thousand Five Hundred Dollars ($2,500) for the subject property. They have 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 206 Winslow Avenue to Mr. Leighton Lindsay and Mrs. Dawn Lindsay for the amount of Two Thousand Five Hundred Dollars ($2,500). 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 FROM THE COMPTROLLER NO. 15 CERTIFICATE OF NECESSITY - UNRESERVED FUND BALANCE Transfer of Funds We, Byron W. Brown, Mayor and Mark J. F. Schroeder, Comptroller, do hereby certify, pursuant to Section §20 -12 of the Charter, that it is necessary that the sum of $ 4,100,000 be transferred and reappropriated as set forth below: From: 10700096- 397000 Unreserved Fund Balance $4,100,000 To: 17221008 - 480205 Prior Year Claims $4,100,000 Byron W. Brown Mayor Mark J. F. Schroeder Comptroller RECEIVED AND FILED NO. 16 REFUNDING BOND RESOLUTION - 2004 -A REFUNDING SERIAL BOND I am requesting that at the April 2, 2013 meeting, the Common Council pass by 2/3 majority, the bond resolution authorizing the refunding of 2004 serial bonds. The refunding of this debt will take advantage of lower interest rates and the City's improved credit rating by reducing the amount of interest costs. This is similar to a homeowner refinancing their mortgage. The refunding will: • Reduce the interest rate on this debt from 5.46% to 3.32% • Result in a Present Value Savings of $525,198 in interest costs If you have any questions, please feel free to contact me or the Executive Assistant to the Comptroller, Patrick J. Curry at 851 -5290. RECEIVED AND FILED NO. 17 REFUNDING BOND RESOLUTION - 2009 -A SCHOOL FACILITY BONDS I am requesting that at the April 2, 2013 meeting, the Common Council pass by 2/3 majority, the bond resolution authorizing the refunding of 2009 Buffalo Schools Redevelopment Project bonds. The refunding of this debt will take advantage of lower interest rates by reducing the amount of interest costs on a portion of the 2009 Revenue Bonds issued for the Buffalo Joint Schools Construction Program. The refunding will: -Reduce the interest rate on this debt from 5.61 % to 3.54% -Result in a Total Savings of $9.8 million in interest costs If you have any questions, please feel free to contact me or the Executive Assistant to the Comptroller, Patrick J. Curry at 851 -5290. RECEIVED AND FHLED NO. 18 SECOND QUARTER GAP SHEETS REPORT - 2012 -2013 We have reviewed the 2012 - 2013 Second Quarter Gap Sheets Report (Gap Report), which was prepared and submitted by the Administration, and are filing our review and summation as required under the City Charter. The Gap Report projects a budgetary $0.14 million surplus for the current year ending June 30, 2013 based on projections for the period January 1, 2013 through June 30, 2013. The anticipated timing of certain receipts and certain expenditures for the second half of the fiscal year are unknown to our office. Therefore, a historical analysis using past transactions was utilized to review the reasonableness of the projections as established by the Administration. Based on our analysis as described above, nothing has come to our attention that would cause us to dispute the reasonableness of the projection prepared by the Administration based on our historical analysis using past transactions. It should be noted that the revised budget includes the use of $11.5 million of fund balance. This figure could increase subject to any unknown future items, such as unfavorable legal settlements, ratification of anion contracts, or defeasance of the deficit bonds. Therefore, please note that with the use of this fund balance, and in accordance with generally accepted accounting principles (GAAP), the "net change in fund balances" in the 2013 CAFR will report a deficit on the fund financial statements. We understand that historical trends, although useful in performing a reasonableness test, may not necessarily be a fair prediction of what may occur in the next six months. Also, as our office is not a part of City -wide management decisions, we may not be aware of all anticipated changes to staffing and operations for the next six months. Our office will be performing a more detailed analysis of the 3 rd Quarter Gap Sheets report. We caution you that other changes may still occur over the next six months that could affect fund balance. RECEIVED AND FILED FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO. 19 NOTIFICATION SERIALS - 10660 -61 (WAIVE 45 DAYS) NOTIFICATION SERIAL # 10661 Install No Standing on Franklin Street, east side between a point 305 feet south of the south curb of North Street and a point 90 feet south therefrom (Fillmore District) NO STANDING - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 22 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: NO STANDING PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD Franklin Street, east side between a point 305 feet south of the 9 a.m. to 5 p.m. south curb of North Street and a point 90 feet south therefrom This action is being taken to provide safer ingress and egress for school buses and tour buses visiting the Theodore Roosevelt Inaugural Site. Peter J. Merlo, P.E. City Engineer Notification Serial #10660 Install No Standing on Franklin Street, west side between a point 245 feet south of the south curb of North Street and a Point 130 feet south therefrom (Fillmore District) NO STANDING. INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 22 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following NO STANDING PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD Franklin Street, west side between a point 245 feet south of the 9 a.m. to 5 p.m. south curb of North Street and a point 130 feet south therefrom This action is being taken to provide safer ingress and egress for school buses and tour buses visiting the Theodore Roosevelt Inaugural Site. Peter J. Merlo, P.E. City Engineer Waive 45 Days) RECEIVED AND FILED NO. 20 CHANGE IN CONTRACT CARS ON MAIN STREET 600 BLOCK OF MAIN ST. - CHIPPEWA TO TUPPER STS. CONTRACT #93001015 PIN #5822.12 ELLICOTT DISTRICT Contract Summary: Contract Amount $6,034,460.00 + Amount of change order( #1) $ 140,437.00 Revised Contract Amount $6 174 897 00 City share of Change Order ( #1) - 5% or $7,021.85 1 hereby submit to your Honorable Body the following change for this contract. Mark Cerrone, Inc. is the General Contractor for the Cars on Main Street - 600 Block Project for the City of Buffalo. This contract provides for the construction of this project. This increase is necessary to allow the City of Buffalo to take ownership of the entire street lighting system within the project limits. The costs associated with this change order include the purchase of 48 street lighting fixtures and 2 street lighting electric panels. This is a federally funded project and the funding breakdown is 80% Federal, 15% State and 5% City. I certify that this increase is fair and equitable for the work involved. I respectfully request that your Honorable Body approve the subject change order and authorize the Commissioner of Public Works, Parks and Streets to issue said increase for $140,437.00. Of this amount, 5% or $7,021.85 is the City share of the change. The Federal and State portions (95 %1 have already received approval The funds are available in Capital Project Account #30227906 - 445100; 30335406 - 445100 and an account to be named at a later date. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets dated March 6, 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 # 1 in the amount of $140,437.00 (Original Contract Amount $6,034,460.00 + Change Order #1 $140,437.00 for a Revised Contract Amount of $6,174,897.00) for Cars on Main Street, 600 block of Main Street from Chippewa to Tupper Streets, to Mark Cerrone, Inc., C #93001015. Funding is available in Capital Project Account 30227906 - 445100; 30335406 - 445100, and an account to be named at a later date. PASSED AYES 9 NOES 0 NO. 21 CHANGE IN CONTRACT FIRE AND POLICE DEPARTMENTS QUICK ACTION PLANS JOB #1215 VARIOUS DISTRICTS PRIOR COUNCIL REFERENCE: Item No. 21; CCP 02/19/13 1 hereby submit to Your Honorable Body the following changes for the Fire and Police Departments, Quick Action Plans, Cannon Design, C #93000951. 1. Additional Medical Campus facilities not identified in the original contract. Add $ 85,614.51 Crisis Management System equipment upgrades to support the attached IT Plan. Additional high risk facilities to be mapped for the BFD Quick Action Plans (QAPs). The foregoing change results in a net increase in the contract of Eighty Five Thousand Six Hundred Fourteen and 51/100 Dollars ($85,614.51). Summary: Original Contract Amount $545,960.00 Amount of This Change Order ( #1) $ 85,614.51 Revised Contract Amount $631,574.51 1 certify that this increase is fair and equitable for the work involved and respectfully request that Your Honorable Body approve the subject change order and authorize the Commissioner of Public Works, Parks & Streets to approve the change order. Funding for this change order is being changed to 24850466- 434000 -10476 ($48,068.51); 24930006 - 434000 ($37,306.03); 32320706 445100 ($239.97) - Buildings. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets dated March 8, 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 #1 in the amount of $85,614.51 (Original Contract Amount $545,960.00 + Change Order #1 $85,614.51 for a Revised Contract Amount of $631,574.51) for Fire and Police Departments Quick Action Plans, to Cannon Design, C #93000951. Funding for this change order is being changed to Accounts #24850466- 434000 - 10476; 24930006 - 43400; 32320706 445100 - Buildings. PASSED AYES 9 NOES 0 NO. 22 CHANGE IN CONTRACT NORTH BUFFALO ICE RINK MODIFICATIONS JOB #1249 DELAWARE DISTRICTS I hereby submit to Your Honorable Body the following change for the North Buffalo Ice Rink, Modifications, Consulting Services, URS Corporation, C #93000949. 1. Additional services and expanded project. Numerous changes Add $ 24,300.00 have developed during the Schematic Phase, increasing the complexity and estimated construction cost of the project from $300,000 to $1,099,000. The foregoing change results in a net increase in the contract of Twenty Four Thousand Three Hundred and 00/100 Dollars ($24,300.00). Summary: Original Contract Amount $ 65,700.00 Amount of This Change $ 24,300.00 Revised Contract Amount $ 90,000.00 Costs have been reviewed by the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in 34324106 445100 - Buildings. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets dated March 7, 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 #1 in the amount of $24,300.00 (Original Contract Amount $65,700.00 + Change Order #1 $24,300.00 for a Revised Contract Amount of $90,000.00) for the North Buffalo Ice Rink Modifications, consulting services, to URS Corporation, C #93000949. Funding for this project is available in Account 34324106 445100 - Buildings. PASSED AYES 9 NOES 0 NO. 23 1280 MAIN STREET HANDICAP RAMP WITHIN CITY RIGHT OF WAY Mr.Carlo V. Madonia, Jr. of CVM Electric, acting as agent for 1280 White Elephant, LLC, owners of the property located at 1280 Main Street, has requested permission to encroach City right of way with a handicap ramp at said address. The proposed ramp would be constructed of concrete, extend 4 feet from the building face and measure 18 feet in length. Approximately fifteen (15) feet of unobstructed concrete sidewalk would remain after installation. The Department of Public Works, Parks & Streets has reviewed this request pursuant to Chapter 413 -59.1 (Handicapped Access Ramps) of the City Ordinances and has no objection to Your Honorable Body authorizing the Commissioner to issue a "Mere License" for said installation provided the following conditions are met: 1. That the applicant obtain any and all other City of Buffalo permits necessary for installation. 2. That the ramp be installed exactly as shown on plans submitted to and approved by the Department of Permit and Inspection Services. 3. That the ramp be constructed so as not to be permanent in nature. 4. That the applicant supply the Department of Public Works, Parks & Streets with a construction in street bond or certificate of insurance deemed sufficient by the Corporation Counsel which will indemnify and save harmless the City of Buffalo against any and all loss or damage arising out of the construction, maintenance, use and removal of said ramp. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets, dated March 13, 2013, be received and filed; and That the Common Council hereby authorizes Commissioner of the Department of Public Works, Parks and Streets, pursuant to Chapter 413 -59.1 (Handicapped Access Ramps) of the City Ordinances, to issue a "Mere License" to Mr. Carlo V. Madoina, Jr. of CVM Electric, acting as agent for 1280 White Elephant, LLC, owners of the property located at 1280 Main Street, to encroach City right -of -way with a handicap ramp upon the following conditions: 1. That the applicant obtain any and all other City of Buffalo permits necessary; 2. That the ramp be installed exactly as shown on plans submitted to and approved by the Department of Permit and Inspection Services; 3. That the ramp be constructed so as not to be permanent in nature; 4. That the applicant supply the Department of Public Works, Parks & Streets with a construction in street bond or certificate of insurance deemed sufficient by the Corporation Counsel which will indemnify and save harmless the City of Buffalo against any and all loss or damage arising out of the construction, maintenance, use and removal of said ramp. PASSED AYES 9 NOES 0 NO. 24 PERMISSION TO ACCEPT FLAGS AND HARDWARE - MCKINLEY PKWY(SOUTH) Permission is hereby requested from Your Honorable Body to accept flags and hardware to be donated by the McKinley Parkway Association. The cost of the flags is $1,009.13 and the hardware is $168.08 for a total of $1,177.21. Mr. Smith moved: That the above item be, and the above communication from, the Commissioner of the Department of Public Works, Parks and Streets, dated March 13, 2013, be received and filed; and That the Common Council hereby authorizes the Department of Public Works to accept flags and hardware to be donated by the McKinley Parkway Association in the total amount of $1,177.21. PASSED AYES 9 NOES 0 NO. 25 PERMISSION TO HIRE CONSULTANT LIBRARIES AND CITY SERVICE BLDGS. (DISTRICT HEAT & ENGINEERING GARAGE) VARIOUS LOCATIONS Permission is hereby requested from Your Honorable Body to authorize the Department of Public Works, Parks & Streets to hire a consultant to provide architectural /engineering services for partial reconstruction of Various Libraries, and City Service Buildings (District Heat & Engineering Garage). Funds are available in 35328406, 33321506, and 33321506 445100, Buildings. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets, dated February 13, 2013, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to hire a consultant to provide architectural /engineering services for partial reconstruction of various libraries and city services buildings (district heat and engineering garage). Funds are available in Accounts 35328406, 33321506, and 33321506 445100 - Buildings. PASSED AYES 9 NOES 0 NO. 26 PERMISSION TO INCREASE CONSULTANT CONTRACT CONESTOGA- ROVERS & ASSOCIATES HIGH SERVICE PUMPING IMPROVEMENTS IMPLEMENTATION CONTRACT # 93000698 I hereby submit to your Honorable Body the following change for this contract. Conestoga- Rovers & Associates is the engineering consultant for High Service Pumping Improvements Implementation. This increase is necessary for services related to additional construction administration (CA), construction inspection (CI), start -up assistance as well and system wide Supervisory Control and Data Acquisition System (SCADA) assistance of the presently ongoing contract work for High Service Pumping Improvements Implementation project at the Filter Plant. The SCADA work is an additional phase and funding for this was made available after the start of the contract but was always envisioned to be part of that contract. The additional work requires expanded on -site presence by CRA inspection personnel and an increased involvement of CRA engineering personnel in the field during construction, start -up and testing due to the level of difficulty associated with the installation of the new high service pumping system, equipment start -up, and significant training support for pumping plant operations staff. They will assist in developing standard operating procedures (SDP's) for the new pumping system to ensure maximum efficiency and proper transition. The work includes upgrades to the water system's SCADA facilities to improve system facilities monitoring and control continuity. Work includes development of Process and Instrumentation Diagrams (P &ID), site visits to collect relevant information, meetings with SCADA system providers, and equipment specification development. This system is vital to the pumping plant operations staff capabilities of integrating storage and pumping systems operations. This project is on budget and on schedule and has been one the most technically difficult due to the types of construction involved. Once completed, the Water system will be able to meet demand more efficiently resulting in significant energy savings and increased operational flexibility. Original Contract Amount: $550,000.00 This Change Order: $289,000.00 Total: $839,000.00 I certify that this increase is fair and equitable for the work involved and respectfully request that your Honorable Body approve the subject change order and authorize the Commissioner of Public Works. Parks and Streets to issue said increase for $289,000.00. The funds will be available in Division of Water accounts to be named at a later date. Peter J. Merlo, P.E. City Engineer Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets, dated March 13, 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 #1 in the amount of $289,000.00 (Current Contract Amount $550,000.00 + Changer Order #1 $289,000.00 for a total revised contract amount of $839,000.00) for the high service pumping improvements implementation to Conestoga- Rovers & Associates, C #93000698. Funds for the project will be available in Division of Water accounts to be named at a later date. PASSED AYES 9 NOES 0 NO. 27 REPORT OF BIDS BROADWAY MARKET ARMED SECURITY GUARD SERVICES FILLMORE DISTRICT I advertised for on December 7, 2012, and received the following formal sealed bids for Broadway Market, Armed Security Guard Services, which were publicly opened and read on December 21, 2012. Armed Guards $153,894.00 1458 Main St, Buffalo NY U S Security Associates $154,674.00 625 Delaware, Buffalo NY Morris Protective Services $13,488.00 1723 Burnet, Syracuse NY Amherst Security Professionals $164,970.00 910 Niagara Falls Blvd, Tonawanda NY Salamone Investigations $176,436.00 3 Northbrook, Lancaster NY Chase Investigations $196,950.00 3349 Delaware, Kenmore NY Executive Investigations & Security $202,176.00 1600 Kensington, Cheektowaga NY Buffalo Security & Investigations $253,500.00 8485 Wolcott, Clarence Ctr NY I hereby certify that the foregoing is a true and correct statement of all bids received and that Armed Guards, with a bid of One Hundred Fifty Three Thousand Eight Hundred Ninety Four and 00/100 Dollars ($153,894.00), is the lowest responsible bidder in accordance with the plans and specifications. I recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to order on the basis of the lowest responsible bid. Funding for this project will be available in 13296006 480000 10378 - Buildings O &M. REFERRED TO THE COMMITTEE ON FINANCE NO. 28 REPORT OF BIDS COCA COLA FIELD DISTRIBUTED STADIUM SOUND SYSTEM JOB #1274 ELLICOTT DISTRICT I advertised for on February 26, 2013, and received the following formal sealed bids for Coca Cola Field, Distributed Stadium Sound System, which were publicly opened and read on March 12, 2013. Base Bid Alt. #1 Alt. #2 Alt #3 Frey Electric Construction $263,000 $ 19,000 $ 17,000 $ 10,000 100 Pearce, Tonawanda, NY O'Connell Electric $306,400 $ 13,700 $ 11,470 $ 11,320 929B Ransom, Lancaster, NY Weydman Electric $313,800 $ 15,920 $ 21,920 $ 11,920 747 Young, Tonawanda, NY Alternate #1: Provide sound system for "Movie Night Events" as indicated on drawings and as specified, and including all associated required work for complete installation. Alternate #2 Provide sound system for "Party Tent Area" as indicated on drawings and as specified, and including all associated work required for complete installation. Alternate #3: Provide speaker cabling from Audio Room to Scoreboard as indicated on drawings and as specified, and including all associated required work for complete installation. I hereby certify that the foregoing is a true and correct statement of all bids received and that Frey Electric Construction Co., Inc., with a Base Bid of $263,000.00, add Alternate #1 for $19,000.00, add Alternate #2 for $17,000.00, add Alternate #3 for $10,000.00, for a total bid price of Three Hundred Nine Thousand and 00/100 Dollars ($309,000.00) is the lowest responsible bidder in accordance with the plans and specifications. I recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to order the work on the basis of the low bid. Funds for this project will be available in 36324706 445100 - Buildings. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of Public Works, Parks and Streets, dated March 12, 2013, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to enter into an agreement for the Coca -Cola Field Distributed Stadium Sound System, with Frey Electric Construction, in the amount of $309,000.00 (Base Bid - $263,000.00 + Alternate #1 - $19,000.00 + Alternate #2 - $17,000.00 + Alternate #3 - $10,000.00 for a Total Contract Amount of $309,000.00). Funds for this project are available in Account #36324706 445100 - Buildings. PASSED AYES 9 NOES 0 NO. 29 REPORT OF BIDS ERIE BASIN MARINA - THE HATCH ADDITIONS AND ALTERATIONS PHASE I HVAC CONTRACT 2013 -3 This is to advise Your Honorable Body that I have advertised and received bids on March 5, 2013. The lowest three bids received were: Contractor Base Bid Total Bid Price Greater Niagara Mechanical $37,800.00 $39,690.00 7311 Ward Rd. North Tonawanda, NY 14120 Lakeside Mechanical, Inc. $46,350.00 $48,667.50 1345 Military Rd. Kenmore, NY 14217 John W. Danforth Company $47,000.00 $49,350.00 300 Colvin Woods Parkway Tonawanda. NY 14150 1 hereby certify that the lowest responsible bidder for the above project is Greater Niagara Mechanical and I respectifully recommend that Your Honorable Body authorize a contract award to Greater Niagara Mechanical in the amount of $39,690.00. (Base Bid of $37,800.00 + [5% unit price increases] $1,890.00equals [Total Award] $39,690.00). The funds for this project are available in our Capital Account #35328206 - 445100 and an account(s) to be named at a later date. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of Public Works, Parks and Streets, dated March 12, 2013, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to enter into an agreement for Erie Basin Marina, The Hatch additions and alterations, Phase 1, HVAC Contract 2013 -3, with Greater Niagara Mechanical, in the amount of $39,690.00 (Base Bid - $37,800.00 + [5% unit price increase] $1,890.00 for a Total Contract Amount of $39,690.00). Funds for this project are available in Account #35328206 - 445100 and an account(s) to be named at a later date. PASSED AYES 9 NOES 0 NO. 30 REPORT OF BIDS POOLS 2013 POOL SPECIALTY WORK JOB #1291 VARIOUS DISTRICTS I advertised for on February 29, 2013 and received the following formal sealed bids for the Pools 2013, Pool Specialty Work, Various Pools, which were publicly opened and read on March 5, 2013. Miller Enterprises $107,100.00 12 Newfield, Buffalo, NY Patterson Stevens $134,100.00 400 Sawyer, Tonawanda, NY Nichter Construction $137,900.00 30 Wildwood, Lancaster, NY I hereby certify that the foregoing is a true and correct statement of all bids received and that Miller Enterprises, with a bid of One Hundred Seven Thousand One Hundred and 00/100 Dollars ($107,100.00) is the lowest responsible bidder in accordance with the plans and specifications. I recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to order the work on the basis of the low bid. Funds for this project are available in 35405106 445100 - Buildings. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of Pubiic Works, Parks and Streets, dated March 8, 2013, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to enter into an agreement for Pools 2013, pool specialty work, various pools, with Miller Enterprises, in the amount of $107,100.00. Funds for this project are available in Account #35405106 445100 - Buildings. PASSED AYES -9 NOES -0 NO. 31 REPORT OF BIDS WEST SIDE COMMUNITY CENTER WINDOW REPLACEMENT, BUILDING RENOVATIONS, SITE WORK JOB #1177 NIAGARA DISTRICT ITEM NO. 21, CCP 11/13/12 1 advertised for on September 18, 2012, and received the following formal sealed bids for the West Side Community Center, Window Replacement, Building Renovations, Site Work, which were publicly opened and read on October 9, 2012. Base Bid Alt #1 Nichter Construction $233,000.00 $15,000.00 30 Wildwood, Lancaster, NY S & W Contracting $260,598.00 $11,000.00 701 Seneca, Buffalo, NY Miller Enterprises $284,000.00 $17,000.00 12 Newfield, Buffalo, NY Hadala Construction $298,000.00 $13,000.00 325 Grote, Buffalo, NY Dyno Group $367,342.00 $ 0 f37 Wickham, Williamsville, NY Alternate #1: Paint removal of brick work. I hereby certify that the foregoing is a true and correct statement of all bids received and that Nichter Construction, with a Base Bid of $233,000.00, add Alternate #1 for $15,000.00, for a total bid price of Two Hundred Forty Eight Thousand and 00/100 Dollars ($248,000.00) is the lowest responsible bidder in accordance with the plans and specifications. Funding for this project is being changed to 35323106 445100- Buildings and CH9K2007 470000 - Buildings. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of Public Works, Parks and Streets, dated March 14, 2013, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to enter into an agreement for the West Side Community Center, window replacement, building renovations, and site work, with Nichter Construction in the amount of $248,000.00 (Base Bid $233,000.00 + Alternate #1 #15,000.00 for a Total Bid Price of $248,000.00). Funding for this project is being changed to Account #35323106 445100 - Buildings and CH9K2007 470000 - Buildings. PASSED AYES -9 NOES -0 FROM THE COMMISSIONER OF POLICE 32 DRUG ASSET FORFEITURE WIRE TRANSFERS CCP# 104,02/02/1988 11 -DEA- 550626 C2 -11 -0143 390.58 12 -DEA- 558482 C2 -12 -0034 1,118.58 12 -DEA- 569565 C2 -12 -0132 1,335.78 12 -DEA- 568965 C2 -12 -0100 1,567.98 12 -DEA- 567345 C2 -12 -0116 1,750.38 12 -DEA- 566567 C2 -12 -0109 4,727.37 12 -DEA- 560221 C2 -11 -0082 122.19 12 -DEA- 570368 C2 -12 -0141 4,063.38 12 -DEA- 566964 C2 -12 -0113 12,057.98 12 -DEA- 566964 C2 -12 -0113 1,788.40(15% SAFF) TOTAL $31,922.62 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 /Semina 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 FILED NO. 33 APPOINT POLICE CHIEF(PROV)(YOUNG) Appointment effective 02/28/2013 in the Department of Police, Division of Commissioner's Office to the Position of Chief, Provisional Promotion at the Flat Salary of $83,715.00 Aaron V. Young, 128 Thatcher, Buffalo, NY 14215 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE CORPORATION COUNSEL NO. 34 CLAIMS COMMITTEE AGENDA MEETING 03/27/2013 CLAIMS COMMITTEE MEETING Wednesday, March 27, 2013 - 11:00 a.m. Hon. David A. Rivera, Chairman AGENDA ..................... ............................... - Personal Injury ..................... ............................... A. 1. Annunziata, Sibohan as Parent of Ronan Sibohan $ 9,000.00 A. 2. Fitzgerald, Joan as Admin. of the Estate of Richard Fitzgerald $ 5,000.00 A. 3. Funderburke, Ronnie $ 5,000.00 A. 4. Heidenriech, Greg and Mary Lou $ 1,500.00 A. 5. McCarthy, Theresa as Admin. of the Est. of Charles McCarthy $ 1,100,000.00 A. 6. Mosey, Acea as Admin. of the Est. of Jonathan Croom $ 3,000.000.00 (plus non - monetary consideration) A. 7. Parrish, Mary $ 25,000.00 A. 8. Paulding, Yevette as Parent of Javon Fogan $ 49,000.00 A. 9. Peruzzini, Claudia and Andrew $ 72,500.00 A. 10. Redfem, Ladon and Green, Brian $ 2,500.00 A. 11. Sannders, Marion $ 2,000.00 A. 12. Williams, Lamont $ 42,500.00 Personal Injury Total $ 4,314,000.00 ................................................ Property Damage .................... ............................... B.1. Iskalo Electric Towers LLC $ 70,000.00 Property Damage Total: $ 70,000.00 ........... ............................... -Prior Fiscal Year Invoices ............... ............................... C.1. Buffalo Civic Auto Ramps $ 4,320.00 PFY Invoice Total: $ 4,320.00 Items for Discussion D. 1. Hahn - Baker, David & Anne $ 5,033.76 D. 2. Herman, Mary Ann $ TBD D. 3. Kilanowski, Diane $ TBD D. 4. Marak, Patricia $ 685.81 D. 5. Rogers, Sheila $ 5,000.00 D. 6. Schwab, Leon $ 2,360.00 Discussion Items Total: $ 13,079.57 GRAND TOTAL: $ 4,401,399.57 APPROVE ITEMS A -8 AND B -1 REMAINDER REFERRED TO THE COMMITTEE ON CLAIMS AYES -9 NOES -0 NO. 35 REQUEST FOR IMMEDIATE APPROVAL OF TWO ITEMS This Honorable Body is hereby requested to approve the following two items from the Claims Agenda filed for your March 19, 2013 meeting. The first item appears as Item number "A -8" and is entitled "Paulding v. City of Buffalo." It requests Your Honorable Body's approval of a settlement in the amount of $49,000.00. A Confidential Write -up of this matter is being forwarded to each Councilmember contemporaneously with this filing. The second item appears as Item number "B -I" and is entitled "Iskaio Electric Towers LLC v. City of Buffalo." It requests Your Honorable Body's approval of a settlement in the amount of $70,000.00. Again, a Confidential Write -up of this matter is being forwarded to all Councilmembers contemporaneously with this filing. Both of these matters are time sensitive. One because of a Federal Court Order, mandating a decision by this Body by April 1, 2013 and the other due to delays occasioned by an insurance coverage issue the City had with Veolia Water, causing an inordinate amount of time to pass prior to claim negotiation and settlement. The undersigned will be available at Your Honorable Body's Caucus to be held on Monday, March 18, 2013 to address any questions regarding these matters, and by phone or in person any time between this filing and Tuesday's meeting. Thank you for your consideration of this request. Should this Body be so inclined to approve these settlements on an expedited basis, the approval motion should be to: Approve Items "A -8" and "B -1" of the Claims Agenda filing and to send the remainder to the Claims Committee. This motion would be made when the Claims Agenda comes up for consideration. This item can be received and filed. I thank you for your consideration of these matters. RECEIVED AND FILED FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT & INSPECTION SERVICES NO. 36 1210 BROADWAY /LIQUOR LICENSE APPLICATION Dear Common Council: The City of Buffalo's Department of Permit & Inspection Services has been informed of a "Notice Form for providing a 30 -Day Advance Notice to a Local Municipality" being filed with the Buffalo City Clerk's Office dated February 25, 2012; said notice is a new application for a New York State Liquor License on the second (2" floor at 1210 Broadway in the City of Buffalo. This correspondence is to advise your Honorable Body of the following with regards to the premises known as 1210 Broadway: City of Buffalo Licenses currently in effect (see attached) for the 1 sc floor of 1210 Broadway have agreed upon license conditions that include "second (2" Floor to be used for Storage ONLY ". Additionally, as per the attached Building Permit #177724 issued March 1, 2012: the 2 nd floor of 1210 Broadway has "legal use" for "Storage ", A review of the "Notice Form" filed with the City Clerk's Office and dated February 25, indicates that the applicants are applying for "Liquor, Wine and Beer ", and "Patron Dancing" on the 2 nd floor at 1210 Broadway. As the "Legal Use" of the 2 d floor at 1220 Broadway is that of "Storage "; no City licenses or Certificates of Compliance /Occupancy for any type of "Public Assemblage" can be issued. Additionally, the 1 st floor City license conditions allow for only Storage on the 2 nd Floor. Finally, no. New York State Liquor License should be issued for the 2"d Floor at 1210 Broadway until said time that "Legal Use" for public assemblage is established. Should this Honorable Body have any questions or need additional information please contact me directly REFERRED TO THE COMMITTEE ON LEGISLATION NO. 37 FOOD STORE (NEW) 2883 BAILEY AKA 2887 BAILEY (UNIVERSITY) Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 2883 Bailey AKA 2887 Bailey (Right Price LLC /Mahmood M Kassem) 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. 38 FOOD STORE (NEW) 260 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 250 Hampshire (Hampshire Corner Mart Inc. /Abdulla All Alawbali) and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collection Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Mr. Smith moved: That the above item be, and the above communication from the Department of Permits and Inspection Services, dated March 13, 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 Abdulla Ali Alawbali d /b /a Hampshire Comer Mart Inc. located at 250 Hampshire. PASSED AYES - 9 NOES — 0 NO. 39 FOOD STORE (NEW) 241 LEXINGTON AKA 236 LEXINGTON (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 241 Lexington AKA 235 Lexington (PRD Dairy LLC /Patrick Lango) and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collection Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Mr. Smith moved: That the above item be, and the above communication from the Department of Permits and Inspection Services, dated March 13, 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 Patrick Lango d /b /a PRD Dairy LLC located at 241 Lexington a /Ida 235 Lexington. PASSED AYES -9 NOES -0 NO. 40 FOOD STORE (NEW) 290 WALDEN(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 290 Walden (Walden Express Mart Inc. /Nibela Mohammed Ahmed) 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. 41 SIDEWALK CAFE 634 ELMWOOD AVE Pursuant to Chapter 150 of the City of Buffalo Ordinance please be advised that I have examined the attached application for a Sidewalk Car6 License located at 534 Elmwood Ave (Joe's Deli) and find that as to form is correct. This Sidewalk Car6 had been previously approved by the Common Council. I find it complies with all regulations and other applicable laws. The attached application is thereto for 534 Elmwood Ave. This request is submitted for your approval or whatever action you deem appropriate. Mr. Smith moved: That the above item be, and the above communication from the Department of Permits and Inspection Services, dated March 13, 2013, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Permits and Inspection Services, pursuant to Chapter 150 of the City of Buffalo Charter, to approve the application of Joseph Lyons, d /b /a Joe's Deli, for a Sidewalk Caf— License located at 534 Elmwood Avenue. PASSED AYES -9 NOES -0 NO. 42 SIDEWALK CAFE 220 LEXINGTON Pursuant to Chapter 150 of the City of Buffalo Ordinance please be advised that I have examined the attached application for a Sidewalk car6 License located at 220 Lexington Ave (Vera Pizzeria) and find that as to form is correct. This Sidewalk cafe had been previously approved by the Common Council. I find it complies with all regulations and other applicable laws. The attached application is thereto for 220 Lexington. This request is submitted for your approval or whatever action you deem appropriate. Mr. Smith moved: That the above item be, and the above communication from the Department of Permits and Inspection Services, dated March 13, 2013, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Permits and Inspection Services, pursuant to Chapter 150 of the City of Buffalo Charter, to approve the application of Jessica Rector, d /b /a Vera Pizzeria, for a Sidewalk Cafe License located at 220 Lexington Avenue. PASSED AYES -9 NOES -0 NO. 43 USED CAR DEALER 634 COLVIN (DELAWARE) Pursuant to Chapter 254 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Used Car Dealer License located 534 COLV1 N and find that as to form is correct. I have caused an investigation into the premises for which said application for a used car dealer license is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspections; I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of DEBRA BASILE. The attached thereto for DEBRA BASILE /dba /COLVIN SALES. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION FROM THE COMMISSIONER OF ADMINISTRATION, FINANCE, POLICY & URBAN AFFAIRS NO. 44 LIST OF DELINQUENT TAX, USER FEES AND SEWER RENT LIENS -IN REM #47 STATE OF NEW YORK COUNTY COURT, ERIE COUNTRY IN THE MATTER OF FORECLOSURE OF TAX; USER FEES AND SEWER RENT LIENS: BY PROCEEDING IN REM PURSUANT TO ARTICLE ELEVEN OF THE. REAL PROPERTY TAX LAW BY THE CITY OF BUFFALO AND THE BUFFALO SEWER A— ?I'HORITY AFFECTLNG DISTRICT NOS. 1 THROUGH 14, INCLUSI -VE. In Rem No. 47 Index No.: 12013 -444 Pursuant to section 1122 of the Real Property Tax Law of the State of New York, Section 15 -41 of the City of Buffalo Code; and 1180 of the Public Authorities Law- of the State of New York, respectively, I, Michael A. Seaman, the Director of the Treasury and Collections; Deputy Commissioner of Administration, Finance and Urban Affairs; Enforcing Officer of the City of Buffalo, do hereby certify and affirm as true under the penalties of perjury that this List of Delinquent Tax; User Fees and Sewer Rent Liens, identifies those parcels which have been subject to delinquent Tax.; User Fees and Sewer Rant Liens held and owned by the City of Buffalo and the Buffalo Sewer Authority since the 1 st day of July, 201 I, except for those parcels excluded from this List of Delinquent Tax; User Fees and Sewer Rent Liens pursuant to law. The parcels, which are subject to such delinquent Tax; User Fees and Sewer Rent Liens and —e amounts due thereon, are identified on "Schedule A" of —s List of Delinquent Tax; User Fees and Sewer Rent Liens, which is annexed hereto and made a part hereof Pursuant to section ! 122(7) of the Real Property Tax Law the filing -of -this List in the office of the County Clerk shall constitute and have the same force and effect as the filing and recOrding in such office of an individual and separate Notice of Pendency against each parcel set forth on this list. Pursuant to section 1 i22 of the Real Property Tax Law of the State of New York, Section 15 -4! of the City of Buffalo Code; and 1180 of the Public Authorizes Law of the State of New York, respectively, I, Michael A. Seaman, the Director of the Treasury and Collections; Deputy Commissioner of Administration, Finance and Urban Affairs; Enforcing Officer of the City of Buffalo, do hereby certify and affirm as true under the penalties of perjury that this List of Delinquent "fox; User Fees and Sewer Rent Liens, identities those parcels which have been1 subject to delinquent Tax; User Fees and Sewer Rant Liens held and owned by the City of Buffalo and the Buffalo Sewer Authority since the 1 st day of July, 2011, except for those parcels excluded from this List of Delinquent Tax; User Fees and Sewer Rent Liens pursuant to law. The parcels; which are subject to such delinquent Tax; User Fees and Sewer Rent Liens and the amounts due thereon, are identified on "Schedule A" of this List of Delinquent Tax; User Fees and Sewer Rent Liens, which is annexed hereto and made a part hereof Pursuant to section ! 122(7.) of the Real Property Tax Law, the firing of this List in the office of the County Clerk shall constitute and have the same force and effect as the filing and recording in such office of an individual and separate Notice of Pendency against each parcel set forth on this list. Copy available for review in the City Clerk's Office RECEIVED AND FILED FROM THE BUFFALO MUNICIPAL HOUSING AUTHORITY NO. 46 TO APPROVE THE MEMORANDUM OF AGREEMENT BETWEEN THE BMHA AND LOCAL 17S, INTERNATIONAL UNION OF OPERATING ENGINEERS In accordance with Section 32 of the Public Housing Law, we respectfully request that your Honorable Body consider and approve the attached Memorandum of Agreement between the BMHA and Local 17s, International Union of Operating Engineers, that was approved by the BMHA Board of Commissioners at a regular meeting held on February 28, 2013. PROPOSED MEMORANDUM OF AGREEMENT BETWEEN BUFFALO MUNICIPAL HOUSING AUTHORITY AND INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL 17 -S WHEREAS, the International Union of Operating Engineers, Local 17, (hereinafter "the union ") is a party to litigation filed in U.S. District Court (WDNY) and New York State Supreme Court, in connection with various claims against the Buffalo Municipal Housing Authority (hereinafter "the Authority "). The Authority and the Union may be referred to herein as the "Parties "; and WHEREAS, the Parties' agreed to resolve all outstanding claims through the process of collective negotiations; and WHEREAS, the Parties have so engaged in negotiations over a successor agreement for the period effective July 1, 2002 through June 30, 2013; and WHEREAS, the Union agrees to accept the terms contained in the Parties' agreement in full satisfaction of all claims asserted, as set forth in paragraph 1 and 2 below; THEREFORE, for good and valuable consideration, the acceptance and sufficiency of which is hereby acknowledged, the Parties hereby agree as follows: 1. The Union hereby releases each and every claim that was asserted or which could have been asserted, in the following lawsuits and also agrees that it will discontinue with prejudice as a party (or intervenor) in said lawsuits, and not proceed with pending or further appeals in connection with said lawsuits: W.D.N.Y. Index No. 04 -CV -00753 AFSCME, Local 264 et al, v. Tobe, et al. Regarding the Wage Freeze 2. The Union hereby agrees that they now withdraw and release the actions, charges, grievances, proceedings, improper practice charges, demand for arbitrations or pending arbitration proceedings filed prior to the date of execution of this agreement. The Union hereby releases any claims asserted, or which could have been asserted in any such matters and agrees to discontinue as a party to any such matters with prejudice without precedent as to future matters. 3. With regard to the claims addressed in Paragraphs 1 and 2 above, the Union agrees not to file or commence any similar litigation, grievances, charges, actions, arbitrations or proceedings in the future relating to any circumstances known to the Union that existed on or before the execution date of this settlement memorandum. However, regarding that occur in the future, the Union reserves its rights. 4. Upon agreement by the parties, this document will serve as Local 17's consent to the discontinuance of the claims in Paragraphs 1 and 2 above. The Union and its Business Representative Dominic Teti further agree that they will take all additional steps necessary to implement the terms of the disposition of these claims. 5. This Memorandum of Agreement shall be deemed to be included as a component of the Parties' tentative agreement for a successor collective negotiations agreement for the period July 1, 2002 through June 30, 2013. All current language and benefits shall remain in effect except for those items amended by this Agreement. 6. This agreement will be incorporated into the parties' collective bargaining agreement which is subject to ratification by the Union membership and approval by the Buffalo Municipal Housing Authority Board of Commissioners and the Buffalo Common Council. It is expressly understood that no provision of this agreement, including those items contained in documents incorporated by reference herein, whether in whole or in part, shall be enacted prior to the ratification of the International Union of Operating Engineers, Local 17 -S, and the Buffalo Municipal Housing Authority Board of Commissioners and the Buffalo Common Council. Mr. Smith moved: That the above item be, and the above communication from the Executive Director of the Buffalo Municipal Housing Authority, dated March 4, 2013, be received and filed; and That the Common Council, pursuant to Section 32 of the Public Housing Law, hereby approves the Memorandum of Agreement between the Buffalo Municipal Housing Authority ( "BMHA ") and Local 17, International Union of Operating Engineers that was previously approved by the BMHA Board of Commissioners. PASSED AYES -9 NOES -0 FROM THE CITY CLERK NO. 46 LIQUOR LICENSE APPLICATIONS Attached hereto are communications from persons applying for liquor licenses from the New York State Division of Alcohol Beverage Control Board. Address Business Name Owner's Name 160 Delaware New Era Cap ARAMARK Corp & New Era Cap Ent LLC 2 Russell Ave 2 Russell Nancy Abramo 228 Franklin St Purple Monkey Tropical Pub BGJR LLC 1456 Hertel Ave La Tavola Trattora Barlandwood Inc 199 Lincoln Parkway 199 Lincoln PKWY Magnolia Events LLC 1390 Delaware Ave Sunoco A Plus OBSIDO AAA, INC. RECEIVED AND FILED NO. 47 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: Mayor /Mayor Executive - x Police- Marcia Vazquez, Annette Drago RECEIVED AND FILED. NO. 48 REPOTS OF ATTENDANCE I transmit herewith communications received by me, from the various boards, commissions, agencies and authorities reporting the membership attendance at their respective meetings: x Buffalo Sewer Authority RECEIVED AND FILED NO. 49 NOTICES OF APPOINTMENTS - COUNCIL INTERNS I transmit herewith appointments to the position of Council Intern. Mr. Fontana moved the approval of the appointments to the position of Council Intern. ADOPTED CERTIFICATE OF APPOINTMENT Appointment effective 03/12/2013 in the Department of Common Council, Division of Masten District to the Position of Intern VI, Unclassified at the flat salary of $10.00 /hr Dominique Matthews, 150 Oxford St, Buffalo, NY 14209 NO. 50 NOTICES OF APPOINTMENTS - SEASONAL /FLAT I transmit herewith certificates received by me, reporting seasonal and flat salary appointments made in various departments. RECEIVED AND FILED. CERTIFICATE OF APPOINTMENT Appointment effective 03/07/2013 in the Department of Public Works, Parks and Streets to the Position of Laborer II, Seasonal at the Flat Salary of $12.417/hr Ronald Stokes, 629 Broadway, Buffalo, NY 14212 CERTIFICATE OF APPOINTMENT Appointment effective 03/18/2013 in the Department of Parking, Division of Parking Enforcement to the Position of Laborer II, Seasonal at the Flat Salary of $12.47/hr Mario K B Washington, 586 E. Delavan, Buffalo, NY 14211 NO. 51 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 02/19/2013 in the Department of Mayor's Office of Strategic Planning, Division of Planning to the Position of Economic Development Coordinator(Revised) Provisional at the Minimum Salary of $50,000.00 Kathleen Peterson, 62 Tillinghast Place, Buffalo, NY 14216 CERTIFICATE OF APPOINTMENT Appointment effective 03/05/2013 in the Department of Audit and Control, Division of Audit to the Position of Assistant Auditor, Temporary at the Minimum Salary of $38,751.00 Carlos Costner, 89 Sumner Place, Buffalo, NY 14211 CERTIFICATE OF APPOINTMENT Appointment effective 03/11/2013 in the Department of Audit and Control, Division of Audit to the Position of Junior Accountant, Permanent at the Minimum Salary of $34,569.00 Nancy Nicole Renzoni, 20 Portland Street, Buffalo, NY 14220 CERTIFICATE OF APPOINTMENT Appointment effective 02/19/2013 in the Department of Administration & Finance, Policy and Urban Affairs, Division of Purchase to the Position of Jr. Buyer, Permanent at the minimum salary of $38,114.00 Marlena Barker, 251 Whitney Place, Buffalo, NY 14201 CERTIFICATE OF APPOINTMENT Appointment effective 03/05/2013 in the Department of Public Works, Parks and Streets, Division of Buildings to the Position of Sr. 1 sc Class Stationary Engineer, Temporary at the flat rate of $15.00 /hr Lonnie Angel, 314 Bissell Ave, Buffalo, NY 14211 CERTIFICATE OF APPOINTMENT Appointment effective 03/07/2013 in the Department of Public Works, Parks and Streets, Division of Streets to the Position of Truck Driver, Temporary at the Minimum Salary of $23,130.00 Aaron Gatti, 57 Redmond Ave, Buffalo, NY 14216 Marlino Gress, 347 St. Lawrence Ave, Buffalo, NY 14216 CERTIFICATE OF APPOINTMENT Appointment effective 03/12/2013 in the Department of Police, Division of Commissioner's Office, to the Position of Police Survelliance Camera Monitor, Provisional at the minimum Salary of $23,130.00 Aaron Bennett, 639 Humboldt Parkway, Buffalo, NY 14206 NON - OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON - OFFICIAL COMMUNICATIONS NO, 52 REMARKS GIVEN BY MINISTER DR. MICHAEL CHAPMAN Mr. Chairman. Council Member Golombek, committee members, Council Member LoCurto Council Member Pridgen, Council Member Rivera and Council Member Russell. Good afternoon. My name is Michael Chapman, pastor of St. John Baptist Church, located at 184 Goodell and Michigan Avenue in downtown Buffalo. Thank you for the opportunity to appear before your Economic Development Committee to talk about the Social Justice Mission of St. John Baptist Church and its affiliate corporations and more specifically, the proposed sale of the McCarley Gardens property to the University at Buffalo. Our Fruitbelt Community Development Corporation is having a tremendous social, economic and spiritual effect upon the Fruit Belt and City of Buffalo. Based on the biblical injunction of Ephesians 5:11 -12: and he gave some apostles; and some prophets; and some evangelist; and some, prophets: and some pastors and teachers for the perfecting of the saints, for the work of the ministry, for the edifying of the body of Christ Our campus Js a faith based training facility for ministry to effectively integrate private and government resources to improve the quality of life in the community where we live and serve We have 38 auxiliaries and ministries, along with 19 legal corporate boards. We conduct board trainings, meetings, and education, implementation and execution methodologies for community development projects. In addition we have developed a data -base management system model to track and monitor our workforce development component and economic development projects. The purpose is equipping the community for the upcoming jobs in the medical campus, private sector. and community. St. John Baptist Church has an 86 year history of faith -based service and initiatives for the community, with a focus on social justice, which is part of the church's constitution. The Church and its developments sit in the pinnacle of the Buffalo Medical Corridor which houses Western New York's major medical facilities. Our 45 block development site houses a 1,200 -seat sanctuary and administrative, corporations offices, housing units, and parking facilities; is unique to the City of Buffalo's industrial landscape. We have a congregation of nearly 4,000, some of whom have joined us today. Our ministry expands well beyond the walls of our worship space For example: The McCarley Gardens housing complex, 150 units of two, three and four bedroom tri -level apartments, St. John Tower a 150 -unit Senior Citizen unit. and The Smith Family Life Center, a 30,500 square foot activity center for health. education and recreational activities. n 2003, Dr. Henry Taylor of the University at Buffalo issued a study, "The Health Status of the Near East Side Black Community." Based on the findings of that study, and after consulting with the Black Leadership Forum (Chairperson Judge McLeod, Mr. Andres Garcia and Mr. Frank Messiah), we created the St. John Fruit Belt Community Development Corporation, which over the last 10 years has developed $45 million of the $57 million in assets located in the Fruit Belt Community: • $1.1 million in single - family housing •A $2.8 million, eight -bed hospice complex, which provides palliative care directly to the minority community. •28 multi - family townhomes, an investment of $6.3 million -We founded the Aloma D. Johnson Fruit Belt Community Charter School, a Kindergarten through Fourth Grade primary school which provides students an innovative, high quality and comprehensive school program. The school has resulted in the creation of 50 jobs • We recently broke ground for 49 new townhomes, an investment of $15.3 million in the Fruit Belt . We are also concluding financing to build a $3.1 million market which will serve Fruit Belt residents and those who work in the Medical Corridor As you can see, St. John Baptist Church and its affiliate corporations are leading the resurgence of the historic Fruit Belt neighborhood. All of our projects exceed 60 percent minority participation, which means jobs for people who live in our community, and we have every expectation that more jobs will follow. We have also developed job training programs: The Leadership & Business Academy is working with young men in an executive training program. To date, 52 people have completed our employment services Corporation Pre - Training Needs Assessment; a systematic process that measures skills, knowledge, academic abilities and self - disclosed barriers to successful completion of workforce development training. Trainees graduate from the program ready to work in a number of fields, including carpentry, electrical, plumbing, construction, robotics, welding, administration, clerical, accounting, business administration and entrepreneurship. Sixteen of those live in the Fruit Belt and 8 live in McCarley Gardens. We're hard at work ... putting people to work. People like Mychal Bronaugh, Kenyatta Chapman, my son and William Morris are among those who are employed through various campus development projects. More will be put to work in the coming months and years as our vision becomes a reality. In 2006. St. John's began discussions with the University at Buffalo about a possible sale of McCarley Gardens, a key component in their plan to re- establish a presence in downtown Buffalo. The 15 -acre McCarley Gardens property is ideally situated adjacent to the Buffalo Niagara Medical Campus, where U.B. plans to re- locate its Medical School The sale will provide St. John Baptist with capital that will be used to fund new economic development initiatives, including additional townhomes, commercial and retail business in the Fruit Belt. I am very aware the impact this sale is having on residents, but I believe that by listening to residents, stakeholders in the neighborhood and city leaders, we can help to make this a successful transition for the residents, provided them with even better, affordable, energy- efficient housing. Throughout this process, we remain committed to complying with federal Housing and Urban Development guidelines. Since the sale was first announced, we have had a series of community meetings, and we will have more. We gathered valuable feedback from a community meeting attended by 32 people on December 5, 2011, which was facilitated by Dr. Taylor. The session was described in Dr. Taylor's report as "robust." I can assure you, it was. Also in 2011 we worked with U.B. to establish an Economic Opportunity Panel, which was tasked to reach out to a broad cross - section of community leaders and residents, working to better understand what practical things U.B. could do to bring economic opportunity to members of the community. The three members representing U.B. are: • Dennis Black, U.B.'s vice president for University Life and Services • Dr. Paul Tesluk, professor of Organizational Behavior at U.B. • June Hoeflich. a member of the University at Buffalo Council The three members representing Fruitbelt CDC are: • Colleen Cummings, former executive director of the Buffalo Employment and Training Center Representing St. John Baptist on the panel are: • Brenda McDuffie. president and CEO of the Buffalo Urban League • The Honorable James McLeod, Buffalo City Court Judge This panel considered three areas: jobs, business and place, asking these questions: • How can we ensure that the agreement between U.B. and St. John Baptist has a positive social and economic impact on the communities that border the property and the BNMC Campus? • How can these opportunities be made readily available within the rules, to minority and women owned business enterprises? • And, how can we make sure new investments add to neighborhood quality of life, create small business opportunities and make the downtown cam pus a competitive asset for U.B. and the community. World class medical campus -world class community. The panel's report will be issued soon, detailing its work and answering these questions. It will be an important document as we move forward. The panel reached out to McCarley Gardens Resident leaders, Fruit Belt residents who joined us on a walking tour, and the panel held a community meeting on Dec. 13, 2012. that was attended by residents, business owners and community leaders. There have been other meetings as well, on a smaller scale, as we work to integrate community recommendations into the development process. And we will continue our efforts to communicate to residents. The thoughts and comments gathered during these conversations, and the approximately 70 other group and individual interviews conducted by the panel will be incorporated into the findings of the forthcoming report. From what I understand, these conversations have been invaluable to the panel. Our agreement with U.B. will insure that the Fruit Belt neighborhood will directly benefit from the growth of the medical campus. Our track record of successful development suggests we will be successful in making sure this happens. Others have taken notice of our successes. The three - million member National Baptist Convention has commended St. John Baptist for, and I'm quoting here. "This mammoth and extensive outreach to their community. Reverend Chapman believes ministry to low and moderate - income people must be accessible an(— practical. We encourage our member churches to look closely at what St. John Baptist Church is doing with her entities and see if what St. John is doing can assist your church envision what is possible to revitalize neighborhoods where your church exists and can do practical ministry along the same line." At St. John Baptist Church, we do not rest on our laurels, and we do not look for plaudits for the work we do We are about doing the work of God. And we are about creating jobs and opportunities. Through our ministry, our community outreach to those in need and through significant sustainable economic development, we will continue to be a presence in the Fruit Belt and we will continue to work, every day, to improve the lives of the people who live and work there, and provide them with jobs and opportunities. St. John Baptist has been and will continue to be a "cycle of life community" in the Fruit Belt - where our people are born, raised, educated, work, live, and retire - a place where generations live their entire lives. My goal is to build on and maximize the geographic location of our campus in the Fruit Belt, and become economic engine for Buffalo's future - in the Buffalo Niagara Medical Campus, Fruitbelt and Eastside community. Question: What are the concerns of this council and this community? will attempt to answer them today. Thank you again for the opportunity to appear before you. I am happy now to entertain any questions you might have. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 53 MEMORANDUM LP CIMINELLI- BOARD PACKET DOCUMENTS -MARCH 2013 Attached are the following documents from the Joint Schools Construction Board meeting scheduled on March 4, 2013: 1. Agenda 2. Meeting Minutes from JSCB Meeting dated February 4, 2013 3. Fully Executed Phase III Application and Certificate for Payment No. 57 - January 2013 4. Fully Executed Phase IV Application and Certificate for Payment No. 54R - January 2013 5. Fully Executed Phase V Application and Certificate for Payment No. 38 - January 2013 6. Phase V Application and Certificate for Payment No. 39 - February 2013 7. Program Packaging and Development Services (PPDS) Provider Update 8. Bevlar & Associates Inc. Construction Contract Monitoring and Compliance Services Monthly Report for Addendum 1 Phase V Project - January 2013 9. Compliance & Administrative Services of New York Compliance Monthly Report for Phase V - January 2013 COPY AVAILABLE FOR REVIEW IN THE CITY CLERK'S OFFICE REFERRED TO THE SPECIAL COMMMTTEE ON EDUCATION NO. 54 NYSDEC- SEQR LEAD AGENCY COORDINATION BATTAGLIA TRANSFER STATION 1037 -1055 SENECA STREET DEC NO. 9- 1402 - 00897100004 The New York State Department of Environmental Conservation (the Department) received letters dated March 6. 2013 from you and Mr. Alan P, Gerstman, Assistant Corporation Counsel for the City of Buffalo with the resolution adopted by the Common Council: "Battaglia Transfer Station Application to NY$ Department of Environmental Conservation; 1037 -t055 Seneca Street; SEQR Lead Agency Coordination" ( #90 C.C,P, March 05, 2013) attached. The information provided in your letters relates to the licenses required from the City of Buffalo for the proposed changes to the Battaglia facility. Thank you for clarifying the City of Buffalo's discretionary authority over the proposed modifications to this facility. Baaed upon that clarification and the fact that the anticipated impacts of the proposed project are primarily of local significance, the Department concurs with the designation of the Common Council of the City of Buffalo as lead agency for the review of this action under the State Environmental Quality Review Act, Please note that the Department's jurisdiction for this proposal will include both a Solid Waste Management Facility permit and an Air State Facility permit, The Departmen will be available to assist the City to review the scope of potential issues associated with this proposed project, Thank you for your Cooperation. {f you have any questions, please contact me or MS, Lisa M. Porter at (716) 851 -7165, RECEIVED AND FILED NO. 55 ERIE CANAL HARBOR DEVELOPMENT CORPORATION NOTICE OF INTENT TO ACT AS LEAD AGENCY PURSUANT TO THE STATE ENVIRONMENTAL QUALITY REVIEW ACT Dear Interested and Involved Agencies: The Erie Canal Harbor Development Corporation [ "ECHDC ") is considering a multi - phased project designed to create a combination of seasonal and permanent visual installations at a total of 17 locations ( "Sites "), including fourteen (14) grain elevator sites and three (3) bridges ( "Structures ") in the City of Buffalo ( "City "), New York ( "Project "). The Project would highlight the historic icons of Buffalo's powerful industrial past in a creative way that supports future improvements along the Buffalo waterfront. The Project would install static architectural lighting, kinetic lighting, video projections, and in limited locations interactive installations, which may be equipped with motion sensors, sound equipment and /or special effects. Pursuant to the State Environmental Quality Review Act ( "SEQRA "), prior to authorizing or approving the Project, the ECHDC must consider the potential environmental impacts. For your reference, we enclose herewith the following documentation Exhibit A Detailed Project Description Exhibit B Notice of Intent to Act as Lead Agency Exhibit C List of Potentially Interested and Involved Agencies Exhibit D Full Environmental Assessment Form (Part 1) Exhibit E Acknowledgment of the ECHDC to Act as Lead Agency and Conduct A Coordinated Review pursuant to SEQRA The ECHDC intends to act as Lead Agency for the Project, which is a Type I action under SEQRA. See Exhibit A Accordingly, the ECHDC is providing your agency, board or department with Notice of its Intent to Act as Lead Agency for the Project. See. Exhibit B. In addition to your agency, board or department, the ECHDC has identified several other potentially interested or involved agencies, which are listed in Exhibit C. We have included a copy of the Full Environmental Assessment Form (Part 1) for your review. See Exhibit D. Under SEQRA, a lead agency must be agreed to within thirty (30) days of the date of this letter. We request that your agency accept and approve the designation of the ECHDC as Lead Agency Copy available for review in the City Clerk's Office REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 56 D. FUNKE- SUPPORTS EXTENSION OF BUFFALO'S LIGHT RAIL Dear Council Members Pridgen, Fontana, Smith, and Golombek: I am writing to express our strong interest in helping to draft and then support a resolution that recommends the extension of Buffalo's light rail. The need for action on this issue is immediate and critical for the continued growth and health of our city. Citizens for Regional Transit [CRT) is a grass- roots, community organization that promotes the expansion of Metro Rail to serve all of Western New York ON NY) and the improvement of regional transit services in general. Although our name has changed over the years we have been a leader in promoting rapid transit in WNY since 1965. A central focus of our work is to see Buffalo's light rail extended to achieve its original goal of providing a 36 -mile network that serves the citizens of the Buffalo Niagara region. There are many reasons why extending our light rail is needed. Here are just a few: Economic development. The experience of other cities has shown that light rail and other forms of efficient transit stimulate economic development. Near -term needs of the Buffalo Niagara Medical Campus (BNMC). The growing BNMC anticipates large numbers of workers and visitors that cannot be adequately accommodated with private automobiles alone. This is why BNMC leaders are arguing for more capable transit options, especially including the extension of Buffalo's light rail and associated park and ride facilities. • The needs of Buffalo and area residents. One third of Buffalo residents do not own cars and rely on transit for their transportation needs. Buses alone are not adequate to the task. Light rail on dedicated rights -of -way can deliver significant benefits. • The environment. Global warming is real! Continued reliance on fossil -fuel burning cars for daily transportation will continue to contribute to global warning. Light rail is among the least polluting forms of transportation available. This is especially true for Buffalo's light rail that uses green electricity from the Niagara hydro - electric power plant. • More parking locks -up valuable real estate. A good portion of downtown is already allocated to parking. Additional parking - surface or ramp, takes away from revenue generating development such as commercial and residential projects. There are several issues that make the extension of Buffalo's light rail especially critical at this time. • The need for more effective transit to serve the growing BNMC is near -term. • It takes time to plan and finance transit developments. • Global warming is happening now. We need to begin changing travel patterns to achieve meaningful reductions in greenhouse gas emissions. • The need for investments that will stimulate economic growth is now. We are fortunate in Buffalo to have an extensive network of existing, publically owned rights -of -way that can support the extension of our light rail. The lack of rights -of -way has been a killer for such projects elsewhere. Our existing rights -of -way are a great asset that should make extension of our light rail a no- brainer, especially now as the realities of traffic congestion, pollution, and global warming are known. These realities have not gone unnoticed by our area leaders. The NFTA has initiated a contract to study alternatives for efficient transit connections between the Amherst and Main Street campuses of the University at Buffalo. Also, the NFTA and Congressman Higgins have recently announced an interest in extending the light rail to the DL &W terminal on the waterfront and beyond to a park and ride and multi -modal transportation facility. I have attached two recent Buffalo News articles reporting these plans. The Buffalo News has just endorsed the idea of extending Buffalo's light rail (also attached). It is important that the Buffalo Common Council add their support to these projects and provide additional leadership by endorsing the broader extensions of Buffalo's light rail. We offer our assistance to the Council in developing a resolution that will put forward a vision for the expansion of the Buffalo light rail. We also offer to appear before the Common Council to present these ideas with additional detail and to answer any questions. Thank you for considering this request. We look forward to working with you in this endeavor. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 57 D. GALLAGHER- COHEN- SUPPORT EXTENSION OF BUFFALO'S LIGHT RAIL Dear Council Members: The purpose of my letter is to provide support the rezoning request made by the Richardson Center Corporation on behalf of Visit Buffalo Niagara. Visit Buffalo Niagara is responsible for driving interest and demand in tourism for the region and we believe strongly about the potential of the restoration of the Richardson Olmstead Complex, in fact we have been involved and consulted regarding the reuse planning for the complex for the past few years. This property is foundational in our efforts to firmly establish Buffalo as an architectural tourism destination in the United States. This property in particular has significant historical importance as a remarkable achievement of the great American architect Henry Hobson Richardson and Frederick Law Olmsted, the father of landscape design. Saving the building and creating the new Buffalo Architecture Center strengthens cultural tourism in Buffalo and the region. And letting it fall into ruin would nave been a significant blow to our efforts. We fully support the first phase of redevelopment as a boutique hotel conference and event space and a Buffalo Architecture Center and re- greening of the site with the South Lawn landscape and new northern entry. We believe this is the sort of property that will become a destination unto itself. The corporation has taken extraordinary efforts to assure that the reuse is compatible with the neighborhood, business districts, ant institutional neighbors (Buffalo Psychiatric Center Buffalo State College, Albright Knox, Burchfield Penney, Buffalo History Museum These efforts have included an active community engagement process with the general public through the Community Advisory Group and numerous (9) public meetings. In the first phase, this reuse will enables public access on the grounds and in the buildings for the first time in decades added to the vibrancy of this urban neighborhood. We urge your support of this request to advance the future of cultural tourism as an economic driver in our region. RECEIVED AND FILED NO. 58 J. GOLOMBEK -F. RZEMEK -INFO FOOD TRUCKS /MOBILE KITCHENS Dear Council Member Golombek, In has been through our first -hand research that we found both food trucks and trailers bring local communities alive and provide exciting new food trends within the city. We are extremely eager to contribute to this development within the city of Buffalo. We've explored the street food operations in New York, Chicago and Portland and have found that food trucks and trailers are given the same latitude as street vendors. It appears that the City Charter may exempt trailers. We are concerned that a self- contained mobile kitchen, which we own, may fall under a different guideline within the City of Buffalo. With that being said, it is our desire to propose to the Council that if a mobile kitchen is not classified as a food truck, it is amended to do so, as witnessed in Chapter 316: Peddling and Soliciting, Article IX: Mobile Food Vehicle Vendors. For your edification, we have enclosed the layout of our mobile kitchen, which is currently approved by the Erie County Health Department as a mobilized kitchen. We understand the annual $1,000 Food Truck license fee for this opportunity. Please feel free to contact us per below: Fred Rzemek (716) 465 -2433 Spotcat9 @aoi.com Haunah Caraotta (716) 361 -3582 REFERRED TO THE COMMITTEE ON LEGISLATION NO. 59 J. GOLOMBEK- VARIOUS FOOD STORE LICENSES Pursuant to Chapter t94 -7 of the City of Buffalo Ordinances, I would like the following food store licenses not to be renewed. 778 Tonawanda Street -- Mega Market, Inc. 897 Tonawanda Street -- Riverside Deli LLC Corp. 514 Ontario Street -- Ray's Convenient Shop 595 Ontario Street -- Getty Mart Please investigate the stores listed above. Thank you for your attention to this matter. Sincerely, Joseph Golombek, Jr. North District Council Member REFERRED TO THE COMMITTEE ON LEGISLATION NO. 60 C. HAWLEY- ELMWOOD VILLAGE ASSOCIATION OFFICIAL COMMENTS ON THE BUFFALO GREENCODE The following are preliminary comments on the City of Buffalo GreenCode Unified Development Ordinance from the Elmwood Village Association. It must be noted that the full draft of the GreenCode has not been released and that all chapters that have been reviewed by members of the Elmwood Village Association continue to be under development by the City of Buffalo and subject to public review. These comments are intended to guide the direction of the GreenCode's continued development to draft status. Upon release of the Public Review Draft, it is anticipated that the Elmwood Village Association will release a further set of comments pertaining to relevant issues impacting the neighborhood. 1. Neighborhood Zones (N -ZC, N -2T, N -2R) a. The Neighborhood Zones in the Elmwood Village are generally acceptable with the following recommendations: b. The Women & Children's Hospital Site should be zoned N -2C, fronting Elmwood Avenue, and N -2 R for the rest of the site to require a future redevelopment to be consistent with the surrounding neighborhood. This change will be reflected in the draft zoning map. c. Commercial properties on West Utica should be zoned N -2T. This change will be reflected in the draft zoning map. d. Properties fronting Elmwood Avenue from Forest Avenue to Bryant Street should be zoned N -2C, including all corner properties at the Bryant Street Intersection. This change will be reflected in the draft zoning map, with some small exceptions (i.e., corner parcels at Elmwood and Lafayette that are residential, not mixed use, in character). e. Properties fronting Elmwood Avenue from Bryant Street to Summer Street should be zoned N -2T, excluding all corner properties at the Bryant Street and Summer Street intersections which should be zoned N -2C. This change will be reflected in the draft zoning map. f. Properties fronting Elmwood Avenue from Summer Street to North Street should be zoned N -2C, including all corner properties. This change will be reflected in the draft zoning map, with the exception of the Price -Rite Plaza, which residents have expressed is an asset. The draft zoning map would reflect a D -S (Strip Retail) designation, reflection; the plaza's character as a large- format shopping environment. Outbuildings within the plaza, if built, would be required to reflect the character of Elmwood (built up to the street, entrancing facing street, 70% fenestration on the ground floor, parking to the side or the rear, etc.). REFERRED TO THE COMMITTEE ON LEGISLATION NO. 61 F. MURRAY- REQUEST POLICE CAMERA BE INSTALLED AT ORLEANS ST AND SHIRLEY AVENUE Commissioner Derenda the Shirley Avenue block club would like to request to have a camera installed on the corner of Orleans St. and Shirley Avenue. Orleans St. is a secondary street which is very busy. This part of Orleans St. runs from Kensington Avenue going north to Winspear Avenue. The distance is approximately a half mile and eleven city blocks and leads to Highgate Heights school. This through fare is traveled by many children and school buses making their way to and from school. There is a high amount of car traffic that travels this street. The residents that live on Shirley Avenue, have witnessed numerous traffic violations that occur at our intersection at Orleans St. There is a camera located on the West side of Kensington and Orleans St. However there is a bend at Orleans St. and West Minister Avenue which obstructs the cameras view to look north down Orleans St. As a block club our concerns are the safety of our children, elderly, UB students, residents, and our homes. Our growing concerns are with crime and the increased stop and go drug activity which is witnessed on a daily basis. We believe that Shirley Avenue and Orleans St. would be a very good central location to install a camera as it would provide coverage for many blocks. It would also help us in our efforts to promote and keep our community safe. Thank you Farrell Murray President, Shirley Ave Block Club 505 Shirley Avenue Buffalo, NY 14215 716 - 836 -5933 REFERRED TO THE COMMISSIONER OF POLICE AND SAVE OUR STREETS TASK FORCE NO. 62 NYSDEC- SEQR LEAD AGENCY COORDINATION BATTAGLIA TRANSFER STATION 1037 -1055 SENECA STREET DEC NO. 9- 1402 - 00897100004 The New York State Department of Environmental Conservation (the Department) received letters dated March 6. 2013 from you and Mr, Alan P, Gerstman, Assistant Corporation Counsel for the City of Buffalo with the resolution adopted by the Common Council: "Battaglia Transfer Station Application to NY$ Department of Environmental Conservation; 10374055 Seneca Street; SEQR Lead Agency Coordination" ( #90 C.C,P, March 05, 2013) attached. The information provided in your letters relates to the licenses required from the City of Buffalo for the proposed changes to the Battaglia facility. Thank you for clarifying the City of Buffalo's discretionary authority over the proposed modifications to this facility. Baaed upon that clarification and the fact that the anticipated impacts of the proposed project are primarily of local significance, the Department concurs with the designation of the Common Council of the City of Buffalo as lead agency for the review of this action under the State Environmental Quality Review Act, Please note that the Department's jurisdiction for this proposal will include both a Solid Waste Management Facility permit and an Air State Facility permit, The Departmen will be available to assist the City to review the scope of potential issues associated with this proposed project, Thank you for your Cooperation. {f you have any questions, please contact me or MS, Lisa M. Porter at (716) 851 -7165, RECEIVED AND FILED NO. 63 MEMORANDUM D. PRIDGEN-REDEVELOPM ENT OF THE MCCARLEY GARDEN /FRUITBELT COMMUNITIES I would like to file the attached information, March 19, 2013. Darius G. Pridgen Ellicott District Council Member Dear Dr. Tripathi: The Fruitbelt Task Force Unit /McCarley Gardens Tenant Council has contacted the Council with concerns and interests about The University At Buffalo's intention for the McCarley Garden complex and Fruitbelt community. A petition was submitted that "requests that a moratorium on any and all future development in the McCarley Garden Complex and Fruitbelt communities until such a time that a comprehensive master plan is developed with the full participation of all the property owners and residences of the outlined areas," at a Common Council meeting held on Tuesday, February 19, 2013. The Council referred the petition to its Community Development Committee. I am requesting that you or a representative from the University, knowledgeable of the University's planned development in this area attend the Community Development Committee meeting scheduled for Tuesday, April 23, 2013 at 1:00 p.m., to be held in the Council Chamber, located on the 13 floor of City Hall, to address the Fruitbelt Task Force Unit McCarley Gardens Tenant Council concerns. I have enclosed a copy of the petition for your review. I am respectfully requesting a response within seven days of receipt of this letter with the name of the representative who will be in attendance so that we may prepare for your attendance. Thank you for your attention to this important matter. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 64 D. PRIDGEN VARIOUS DELI STORES TO BE INVESTIGATED I would like to file the attached information for the next Common Council meeting to be held on March 19, 2013. Thank You, Darius G. Pridgen Ellicott District Council Member Deli Stores in Ellicott 1.3 Brothers Market Deli, 464 Seventh a. store was closed 2. A &A Food Market, 274 Maryland a. outdated food items on the shelves 3. Ally's Food Market, 465 Best a. store exterior is not clean 4. Ajwani Market, 1426 Fillmore Avenue a. store does not have adequate lighting 5. Big Basha Mini Market, 845 Jefferson a. store fully meets expectations 6. Brothers Halal Market, 580 Niagara a. garbage on the side of the store b. outside needs to be clean c. outdated food items on the shelves d. cooler in the front of the store, unable to walk down the first aisle to the left 7. Buffalo Discount Food Market, 279 Jefferson a. store does not adequate lighting 8. Dodge Express Mart, Inc., 529 Dodge Street a. store fully meets expectations 9. Dollar Discount, 1350 Fillmore a. store fully meets expectations 10. Downtown Food Mart, 472 Main Street a. store fully meets expectations 11. Downtown Trading Co., 51 Broadway a. store fully meets expectations 12. Elmwood Best Mart, 233 South Elmwood a. store fully meets expectations 13. Elmwood market, 217 North Street a. store overall cleanliness needs improvement 14. Family Dollar, 1384 Main Street a. store exceeds expectations 15. Family Dollar #8078, 517 Niagara a. store exterior is not clean b. trash in the front of the store 16. Family Dollar #895,409 William a. store overall cleanliness needs improvement 17. Family Dollar, 1289 Jefferson a. store overall cleanliness needs improvement 18. Fillmore Utica Food Mart, 1370 Fillmore a. store fully meets expectations 19. God Is Love Lareference, 588 Niagara a. no outside lights 20. Holly Farms, Inc., 424 Pearl Street a. store does not have adequate lighting 21. Hope Way Market, 385 Busti a. store fully meets expectations 22. Hollywood Heights Prime Shop, 1304 Jefferson Avenue a. store fully meets expectations 23. Jefferson Express Mart, 749 Jefferson a .store exterior is not clean b. store overall cleanliness has unsatisfactory performance 24. Lin Asian Market, 428 Niagara a. outdated food items on the shelves 25. Main Food Mart, 1128 Main Street a. store exterior is not clean b. store's produce is not fresh 26. Main Utica, 1373 Main St. a. store fully meets expectations 27. Metro Mart, (Citgo), 393 Fillmore Avenue a. store fully meets expectations 28. Montes Grocery & Deli, 413 Swan a. Store meets expectations 29. Mozeb's Grocery, 3 Lakeview a no problems noted 30. N M Grocery, 219 Hudson a. outdated food items on the shelves 31. Pike's Peak Market, 1318 Fillmore a. store fully meets expectations 32. Quick Mart, 468 Niagara a. store is in excellent shape 33. Rite Aid #497, 350 Niagara a. store is clean 34. Rite Aid, #565,450 Main Street a. state fully meets expectations 35. Rite Aid #1677, 476 William a. store exceeds expectations 36. ROC City Market, Inc. 137 Maple a. store exceeds expectations 37. S &S Food Mart, 278 Trenton a. store has outdated food items on the shelves 38.Sherman Deli, 829 Genesee a. store sell loose items b. store exterior is not clean 39. Shop -N -Go, 984 Jefferson a. store exterior is not clean b. store needs major improvement on overall cleanliness 40. Sunrise market, 473 Michigan Avenue a. store fully meets expectations 41. Swan Food Market, 357 Swan a. store sells loose items b. store does not have at least 2 working surveillance camera c. store exterior is not clean d. store overall cleanliness needs work e. advertisement outside of the store needs improvement 42. Towne Garden I.G.A., 409 William a. store exterior is not clean overall b. cleanliness of the store needs improvement 43. Twin City Market, 454 Utica Street a. store's produce is not fresh 44. Virginia Food Market, Inc. 224 Virginia Street a. fully meets expectations 45. Willert Park Food Market, 473 Jefferson a. store fully meets expectations 46. William Mini Market, 654 William a .store overall cleanliness needs improvement b. store does not have adequate lighting c. store has outdated food items on the shelves d. exterior is not clean 47. Union Market, 177 Riley Street a. store fully meets expectations 48. United Family Market, 568 Niagara a. store sells loose items b. advertisement outside of the store needs improvement 49. Virginia Food Market Inc, 224 Virginia St. a. store fully meets expectations 50. William Quick Food Market, 473 Jefferson a. store fully meets expectations 51.William Mini Market, 654 William a. store overall cleanliness needs improvement b. store does not have adequate lighting 52. Wilson Farms, 136 N. Division a. store fully meets expectations 53.WNY Petro, 572 S. Division a. store fully meets expectations Observations: most stores do not place licenses where they can be seen. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 66 M. ROURTREE -ERIE CTY DIV OF PLAN - ACTION FOR 700 FOREST AVENUE Site Plan or Zoning Referral to County of Erie, NY and reply to municipality The proposed action described herein is referred in accordance with the provision s of the General Municipal Law, which provide that if no rely is received in 30 days after receipt of full information including a SEQR EAF if applicable, the municipal agency may take the final action without considering such reply. If, however, reply is received at any time prior to municipal action, such reply must be considered Description of proposed action 1. Name of Municipality: City of Buffalo 2. Hearing Schedule: Date 3/5/2013 Time: 2:OOpm Location: Common Council Chambers, City Hall, Buffalo NY 3. Action is before: Legislative Body 4. Action consists of: Rezone /Map Change 5. Location of Property: 400 Forest Ave, Buffalo, NY 6. Referral required as State or County Property /Institution 7. Proposed change or use: From R -2 Residential (Psychiatric Hospital) to C -2 Community Business District 8 Other remarks: 9. Submitted by: Alan P. Gerstman, Asst Corporation Counsel 3/5/2013 City Hall, Room 1100, 65 Niagara St, Buffalo NY 14202 851 -4315 Reply to Municipality by Erie County Division of Planning Receipt of the above - described proposed action is acknowledged on 3/6/13. The Division herewith submits its review and reply under the provisions of applicable state and local law, based on the information submitted with this referral. The proposed action is subject to review; the Division makes the recommendation on Proposed Action, is to approve. By the Division of Planning: Mark Rourtree 3/15/13 RECEIVED AND FILED NO. 66 D. RIVERA- REQUEST D. KAZMIERCZAK TO SPEAK ON CITATION FROM THE COB I would like to file the attached information for the next Legislative Committee meeting to be held on 3/26/13. Thank you REFERRED TO THE COMMITTEE ON LEGISLATION NO. 67 B. RUSSELL - LISTOF DELI STORES (VARIOUS DISTRICTS) I would like to file the attached information for the next Common Council meeting to be held on 3/19/13. Thank you Copy available for review in the City Clerk's Office REFERRED TO THE COMMITTEE ON LEGISLATION NO. 68 M. SCHMAND -BFLO PLACE'S ROLE IN ADMINISTERING THE SPECIAL DOWNTOWN DIST To: Members of the Buffalo Common Council From: Michael T. Schmand, Executive Director, Buffalo Place Date: March 6, 2013 Re:Buffalo Place's role in administering the Special Downtown District (§ 316 -41 -§ 316 -50) Mitchell M. Stenger, Esq. has submitted information to the Council in which he refers to fees "assessed" by Buffalo Place, to "Buffalo Place permits" and to the "Buffalo Place District" in reference to vending policy. So that your deliberations on this matter may be guided by accurate information we wanted to clarify the following: 1. Buffalo Place does not make any assessment on any vendors operating under the Special Downtown District ordinance. All assessments, fees, etc. payable by vendors under the ordinance are payable to the City of Buffalo. 2. Buffalo Place assists the Department of Permit & Inspection Services in administering the vending program under the Special Downtown District ordinance. Payments, payable to the City of Buffalo, are received by Buffalo Place and transmitted to Licenses; however no funds are paid directly to Buffalo Place. 3. Buffalo Place does not determine the fees that are charged for any license within the Special Downtown District. 4. The boundaries of the Special Downtown District are set forth in § 316 -41 -- § 316 -50 and are not coterminous to those of the Buffalo Place District, which is established by Erie County with advise and consent of the Council. Mr. Stenger refers repeatedly to the "Buffalo Place District" when he appears to mean the "Special Downtown District." Specifically there is no proposal before the Council at the current time to amend the boundary of the Buffalo Place District. 5. Buffalo Place does not issue permits to vendors within the Special Downtown District. Any permits are issued by the Department of Permit & Inspection Services. There is no "Buffalo Place permit" for vending. We would be happy to meet with you at any time to further discuss the role Buffalo Place plays with respect to vending in Downtown Buffalo. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 69 J. SILVERMAN- SUPPORTS REZONING OF RICHARDSON CTR CORP AT 400 FOREST AVE To whom it may concern: I am writing in support of the rezoning of the Richardson Center Corporation at 400 Forest Avenue. I am a member of the Community Advisory Group and also the Chair of PLDG West Community Association. PLDG West represents a large section of the Grant Ferry neighborhood, and we have excitedly been following the progress of the Olmstead- Richardson Complex. We believe that this historic landmark is a tremendously important asset for our neighborhood, and we are in full support of its redevelopment as a boutique hotel, conference and event space and a Buffalo Architecture Center, as well as the re- greening of the site. We view this redevelopment as being compatible with the neighborhood and nearby businesses and feel as though it would bring additional growth as well as a wonderful green space for the public. Bringing this amazing complex back into productive use will do great things for our neighborhood, and to us is a sign of great things to come. Thank you very much for your consideration. Sincerely, Jennifer Silverman Co- Chari, PLDG West RECEIVED AND FILED NO. 70 D. SMITH -DR. P. BROWN —BFLO PUBLIC SCHOOLS 2013 STRATEGIC PROCESS D. Smith -Dr. P. Brown -Bflo Public Schools 2013 Strategic Process Copy available for review in the City Clerk Office REFERRED TO THE SPECIAL COMMITTEE ON EDUCATION NO. 71 D. SMITH -DR. PL. BROWN -DRAFT DEVELOPING SAFE AND SUPPORTIVE SCHOOLS Copy available for review in the City Clerk Office REFERRED TO THE SPECIAL COMMITTEE ON EDUCATION NO. 72 ST. JOHN FRUIT BELT COMMUNITY DEVELOPMENT - HISTORICAL OVERVIEW Dear Mr. Chwalinski: Please file the attached item for further discussion at the next Common Council session to be held Tuesday, March 19, 2013. Thank you for your assistance in the matter. Sincerely, James N. Jackson Legislative Assistant City of Buffalo Common Council Copy available for review in the City Clerk Office REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT PETITIONS NO. 73 J. PRICE, AGENT USE 766 ELMWOOD FOR AN OUTDOOR PATIO (HRG 03 /26)(DEL) REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE ZONING BOARD OF APPEALS NO. 74 C. NTAPOLIAS, OWNER, USE 1900 HERTEL -NEW OWNER IN EXISTING RESTAURANT IN THE HERTEL AVENUE SPECIAL DISTRICT (HRG 3 /26)(UNIV) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 75 S. SYSOMBOURNE, AGENT, USE 810 ELMWOOD- REESTABLISH SIT -IN RESTAURANT AND NEW OUTDOOR PATIO (HRG 3 /26)(DEL) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 76 D. PUTNAM, OWNER, USE 936 ELMWOOD AKA 946 ELMWOOD - EXPAND EXISTING BAR/REST WITH OUTDOOR PATIO IN ELMWOOD SPECIAL ZONING DISTRICT (HRG 3 /26)(DEL) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 77 M. BEVILACQUA, AGENT, USE 715 ELMWOOD- CHANGE TO TAKE OUT REST W /OUTDOOR PATIO IN CITY ROW IN THE ELMWOOD BUSINESS DISTRICT (HRG 3 /26)(DEL) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 78 K. GARDNER, OWNER, USE 44 BRAYTON FOR A CHANGE OF USE FROM A DOG KENNEL TO A SIT IN RESTAURANT /BAKERY AND OUTDOOR PATIO (HRG 3/26)(NIA) REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE ZONING BOARD OF APPEALS NO. 79 D. HALL, AGENT, USE 1005 ABBOTT TO PLACE UNDERGROUND GAS STORAGE TANKS, PUMP ISLANDS, CANOPY AND MOVE DRIVEWAY (SOUTH)(HRG 3/26) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 80 W. SIERRA, AGENT, USE 1256 HERTEL TO OPEN EXISTING REST IN THE HERTEL AVE SPECIAL ZONING DISTRICT (DEL)(HRG 3/26) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 81 J. GOETZ, OWNER, USE 1472 HERTEL TO REESTABLISH A SIT IN RESTAURANT /SIDEWALK CAFE (DEL)(HRG 3/26) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 82 A. TERRAGNOL, AGENT, USE 301 FRANKLIN ST FOR A CHANGE IN USE FROM OFFICES TO A SIT IN RESTAURANT WITH A SIDEWALK CAFE IN CITY ROW(ELL)(NO PUB HRG) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 83 S. FEMMESSY, AGENT, USE 73 LESLIE TO CONVERT A WAREHOUSE TO A HUMAN SERVICE FACILITY(FILL)(NO PUB HRG) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 84 L. VISHWANATH, AGENT, 58 OBERLIN -ERECT 2 STORY FRAME APARTMENT BLDG, 20 UNITS WITH PARKING(FILL)(NO PUB HRG) REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND ZONING BOARD REGULAR COMMITTEES CIVIL SERVICE (BONNIE E. RUSSELL, CHAIRPERSON) NO. 85 APPOINT ASSISTANT AUDITOR(PROV)(MAX)(HWANG) CCP# 10, 03/05 Mrs. Russell moved That Communication 10 of March 5, 2013, be received and Filed and that the Provisional appointment of Mi -ae Hwang, 616 Starin Avenue, Buffalo, NY 14216 at the Maximum Salary of $44,375.00 is hereby approved PASSED AYES- 9 NOES- 0 NO. 86 APPOINT HUD GRANTS FISCAL ADMINISTRATOR (PROV)(MAX)(HLAVATY) CCP# 11, 03/05 Mrs. Russell moved That Communication 11 of March 5, 2013, be received and Filed and that the Provisional appointment of Aubrey Hlavaty, 534 McKinley Parkway, Buffalo, NY 14220 at the Maximum Salary of $65,398.00 is hereby approved PASSED AYES- 9 NOES- 0 NO. 87 NOTICES OF APPOINTMENTS - TEMP /PROV /PERM(CTY CLK) CCP#43, 03/05 Mrs. Russell moved That the above item be the same and hereby is Received and Filed ADOPTED FINANCE (CHRISTOPHER P. SCANLON, CHAIRMAN) NO. 88 SECOND QUARTER GAP 2012 -13 (A &F) CCP #32, 03/05 Mr. Scanlon moved That the above item be the same and hereby is Received and Filed ADOPTED COMMUNITY DEVELOPMENT (JOSEPH GOLOMBEK, JR., CHAIRMAN) NO. 89 REPORT OF SALE - 237 HUDSON (ELL)(STRAT PLAN) (ITEM NO. 6, C.C.P., NOV. 27, 2012) Mr. Golombek moved: That the above item be, and the same hereby is returned to the Common Council with a recommendation for approval; That the offer from Ms. Alice M. D'Amato, 497 Sumner Road, Corfu, New York 14036, in the amount of Three Thousand Seven Hundred Dollars ($3,700.00) for the purchase of 237 Hudson, 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. 90 D. RIVERA -S. HOYT- RECENT CHANGES AND IMPROVEMENTS AT THE PEACE BRIDGE (C.C.P #52, NOV 13) Mr. Golombek now moves that the above item be Received and Filed. ADOPTED NO. 91 CLEAN AIR COALITION WNY- RESPONSE TO NYS'S WHITE PAPER REG ASTHMA ON THE WEST SIDE (C.C.P #37, OCT 30) Mr. Golombek now moves that the above item be Received and Filed. ADOPTED NO. 92 D. RIVERA- ANTI - IDLING AND AIR - MONITORING AT BFLO PEACE BRIDGE (C.C.P #44, OCT 30) Mr. Golombek now moves that the above item be Received and Filed. ADOPTED NO. 93 K. MECCA -INFO PEACE BRIDGE EXPANSION PROJECT (C.C.P #42, OCT 2) Mr. Golombek now moves that the above item be Received and Filed. ADOPTED NO. 94 K. MECCA - CONCERNS PBA'S 2011 WIDE LOAD PROGRAM INC TRAFFIC AT PEACE BRIDGE (C.C.P #43, OCT 2) Mr. Golombek now moves that the above item be Received and Filed. ADOPTED NO. 95 K. MECCA - CONCERNS ENVIRONMENTAL IMPACT OF PEACE BRIDGE EXP PROJECT (C.C.P #44, OCT 2) Mr. Golombek now moves that the above item be Received and Filed. ADOPTED NO. 96 K. MECCA -NHL LOCKS OUT PLAYERS AS LABOR AGMT EXPIRES -NO MORE CONGESTION AT PEACE BRIDGE(#46, 9/18) (C.C.P #67, OCT 2) Mr. Golombek now moves that the above item be Received and Filed. ADOPTED NO. 97 D. STEBBINS- BUFFALO BUILDING PROJECT (C.C.P #51, 6EPT 18) Mr. Golombek now moves that the above item be Received and Filed ADOPTED NO. 98 RESCIND SALE & FORFEIT DEPOSIT 64 HAYES(LOV)(STRAT PLAN) ( #11,6/26)( #85,7/24) (C.C.P #128, SEPT 4) Mr. Golombek now moves that the above item be Received and Filed. ADOPTED NO. 99 M. HAMILTON & 0-1 AM MINISTRIES INC. -TO BUILD COMM CTR AT47 & 51 STEVENS(MAS) (C.C.P #51, JULY 10) Mr. Golombek now moves that the above item be Received and Filed. ADOPTED NO. 100 D. RIVERA -A GIACALONE -PEACE BRIDGE AUTH FAILURE TO OBTAIN DEMO PERMITS (C.C.P #64, JUNE 26) Mr. Golombek now moves that the above item be Received and Filed. ADOPTED NO. 101 D. RIVERA -A GIACALONE -PEACE BRIDGE IS A STATE AGENCY OBLIGED TO FOLLOW STATE LAW (C.C.P #65, JUNE 26) Mr. Golombek now moves that the above item be Received and Filed. ADOPTED NO. 102 D. RIVERA -WORLD HEALTH ORG PRESS RELEASE - DIESEL ENGINE EXHAUST CARCINOGENIC (C.C.P #66, JUNE 26) Mr. Golombek now moves that the above item be Received and Filed. ADOPTED NO. 103 L. VALVO- SUPPORT OF DEMOLITION OF VACANT HOUSES ON BUSTI AVENUE (C.C.P #67, JUNE 26) Mr. Golombek now moves that the above item be Received and Filed. ADOPTED NO. 104 D. RIVERA- VARIOUS CORRESPONDENCES RE AIR QUALITY ISSUES SURROUNDING PEACE BRIDGE NEIGHBORHOOD (C.C.P #39, JUNE 12) Mr. Golombek now moves that the above item be Received and Filed. ADOPTED NO. 105 RUSSI- SUPPORT TO DEMO HOUSES ON BUSTI AVENUE (C.C.P #40, JUNE 12) Mr. Golombek now moves that the above item be Received and Filed. ADOPTED NO. 106 S. NORRIS- SUPPORT "BEYOND THE BORDER" (C.C.P #56, MAR 20) Mr. Golombek now moves that the above item be Received and Filed. ADOPTED NO. 107 D. SMITH - ARTICLE -NO RENOVATIONS TO RALPH WILSON STADIUM (C.C.P #62, MAR20) Mr. Golombek now moves that the above item be Received and Filed. ADOPTED NO. 108 M. TABER- REQUEST STREET RESURFACING CLINTON /BAILEY AREA (C.C.P #58, JAN 24) Mr. Golombek now moves that the above item be Received and Filed. ADOPTED NO. 109 BFLO NIAG PARTNERSHIP -2012 REGIONAL AGENDA (C.C.P #34, DEC 13) Mr. Golombek now moves that the above item be Received and Filed. ADOPTED NO. 110 D. RIVERA - TRAFFIC STUDIES AND REPORTS - NIAGARA'S BORDER (C.C.P #46, DEC 13) Mr. Golombek now moves that the above item be Received and Filed. ADOPTED NO. 111 D. RIVERA- INFO - BEYOND THE PEACE BRIDGE (C.C.P #35, NOV 15) Mr. Golombek now moves that the above item be Received and Filed. ADOPTED NO. 112 D. SMITH -J. BOOTH - BICYCLE /PED ADVISORY BD SNOW /ICE REMOVAL POLICY (C.C.P #55, OCT4) Mr. Golombek now moves that the above item be Received and Filed. ADOPTED NO. 113 PROPOSAL TO SELL 217, 231 BRINKMAN TO PATRICIA GAUTHIER(EXC RES) (C.C.P #89, OCT 4) Mr. Golombek now moves that the above item be Received and Filed. ADOPTED NO. 114 D. SMITH -HOME FRONT CLIENTS PAID FEES (C.C.P #26, NOV 30) Mr. Golombek now moves that the above item be Received and Filed. ADOPTED NO. 115 D. SMITH -B. MOCK - ARTICLE CAN THEY SAVE YOUNGSTOWN (C.C.P #47, JAN 5) Mr. Golombek now moves that the above item be Received and Filed. ADOPTED LEGISLATION (DARIUS G. PRIDGEN, CHAIRMAN) NO. 116 W. BREESER, OWNER, TO USE 1270 NIAGARA STREET TO CONVERT A WAREHOUSE TO A FITNESS CENTER IN THE NIAGARA RIVER COASTAL SPECIAL REVIEW DISTRICT (NIA)(DPIS) (ITEM NO. 58, C.C.P., MARCH 5, 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 Common Council hereby authorizes the Commissioner of the Department of Permits and Inspection Service, pursuant to Section 511.68 C of the City of Buffalo Charter, to issue a restricted use permit to W. Breeser, Owner, of 1270 Niagara Street, to change a portion of the first floor of a two -story masonry mixed -use commercial building from a warehouse to a health /fitness center in the Niagara River Coastal Special Review District. PASSED AYES -9 NOES -0 NO. 117 J. GLAVEY, OWNER, TO USE 904 ABBOTT ROAD FOR AN OUTDOOR PATIO (SOUTH)(DPIS) (ITEM NO. 59, C.C.P., MARCH 5, 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 Common Council hereby authorized the Commissioner of the Department of Permits and Inspection Services, pursuant to 511- 28F92)(a) of the City Charter, to issue a permit to J. Glavey, Owner, to use 904 Abbott Road for an outdoor patio in a C PASSED AYES 9, NOES 0 NO. 118 P. STRADA, AGENT, USE 395 KENMORE FOR A FREESTANDING POLE SIGN WITH LED (UNIV) (DPIS) (ITEM NO. 60, C.C.P., MARCH 5, 2013) Mr. Pridgen moved: That the application of P. Strada, to erect a high pole sign with LED component to the front yard of a sit -in restaurant is hereby denied. DENY NO. 119 C. PALADINO- CORRESPONDENCE REG AMANDA WIENEKOWSKI (C.C.P #49, MARCH 5) Mr. Pridgen now moves that the above item be Received and Filed. ADOPTED NO. 120 C. AUERBACH, AGENT, REZONE 400 FOREST FOR A MIXED USE CAMPUS /BOUTIQUE HOTEL (NORTH)(DPIS) (ITEM NO. 75, C.C.P., MARCH 5, 2013) Mr. Pridgen moved: That the above item be, and the same hereby is returned to the Common Council with a without recommendation; That the Common Council hereby approves the application of C. Auerbach, Agent, to rezone a portion of the lands commonly known as 400 Forest Avenue from the current R -2 Residential zone to a C -2 Commercial zone classification. The portion of lands to be rezoned are described as follows: All that tract or parcel of land situate in the City of Buffalo, County of Erie, State of New York, being part of Lots 169, 170, 171,172, 173, 174, 177, 178, 179, and 180 of the Appollos Stevens Survey (Mapcover No. 299) of the New York State Reservation, being more particularly described as follows: Beginning at a point in the east line of Rees Street, being the east line of an 8.0' strip of land ceded to the City of Buffalo by the State of New York by Chapter 462 Laws of the State of New York in 1915 at page 1409, at a distance of 390.00 feet north of a 6" by 6" concrete monument at the intersection of the said east line of Rees Street with the north line of Forest Avenue as a 100' wide right of way; thence northerly along the said east line of said Rees Street a distance of 369.42 feet to a point in the north line of Lot 169; thence northerly continuing along the said east line of Rees Street, at an angle of 180 °10'23" to the left with the previously described line, a distance of 642.48 feet to a point in the south line of former lands of the City of Buffalo by Letters Patent filed in Liber 1991 of Deeds at Page 237; thence easterly along the said former south line of lands of the City of Buffalo, at an angle of 95 °03'02" to the left with the previously described line, a distance of 879.70 feet to a point in a west line of lands described in Liber 11117 of Deeds at Page 3250; thence southerly along said west line of lands described in Liber 11117 of Deeds at Page 3250, at an angle of 10732'39" to the left with the previously described line, a distance of 591.64 feet to a point in the face of curb on the south side of a campus road; thence easterly along said face of curb at an angle of 76 °53'51 to the right with the previously described line, a distance of 78.42 feet to a point; thence easterly across a parking area at an angle of 177 °23'56" to the left with the previously described line, a distance of 129.51 feet to a point; thence easterly across a driveway at an angle of 169 °40'53 to the left with the previously described line, a distance of 87.86 feet to a point; thence easterly along a face of curb on the south side of a campus road, at an angle of 175 °09'37" to the right with the previously described line, a distance of 307.99 feet to a point; thence easterly continuing along said face of curb, across a parking area, and along the north side of a building, at an angle of 176 °09'19" to the left with the previously described line, a distance of 153.85 feet to a point of curvature in the face of curb on the south side of a campus road; thence easterly and southerly along said face of curb being a curve to the right with a radius of 26.00 feet and a central angle of 87 °05'39 ", an arc length of 39.52 feet to a point of tangency; thence southerly along said face of curb tangent to the previously described arc, a distance of 6.97 feet to a point of curvature; thence southerly and westerly along said face of curb being a curve to the right with a radius of 10.00 feet and a central angle of 90 °44'49 an arc length of 15.84 feet to a point of tangency; thence westerly along said face of curb tangent to the previously described arc, a distance of 10.67 feet to the northwest comer of a parking area; thence southerly along the face of curb of said parking area at an angle of 92 °14'03" to the right with the previously described line, a distance of 172.28 feet to the southwest comer of said parking area; thence easterly along said face of curb at an angle of 96 °21 '36" to the right with the previously described line, a distance of 14.68 feet to a point of curvature; thence easterly and southerly along said face of curb being a curve to the right with a radius of 9.50 feet and a central angle of 91 °06'20 ", an arc length of 15.11 feet to a point of tangency in the face of a curb on the west side of a campus road; thence southerly along said face of curb, tangent to the previously described arc, a distance of 106.10 feet to a point of curvature; thence southerly and westerly along said face of curb being a curve to the right with a radius of 60.00 feet and a central angle of 574527 ", an arc length of 60.48 feet to a point of tangency; thence southwesterly along said face of curb and across a bus parking area, tangent to the previously described arc, a distance of 352.81 feet to a point; thence southwesterly along said face of curb at an angle of 171 °03'30" to the right with the previously described line, a distance of 34.31 feet to a point; thence southeasterly across a driveway at an angle of 116 °54'31" to the right with the previously described line, a distance of 60.20 feet to a point in the face of a curb on the southwest side of a campus road; thence southeasterly along said face of curb at an angle of 162 °31 '00" to the right with the previously described line, a distance of 36.08 feet to a point; thence southeasterly across a driveway at an angle of 179 °35'6 to the right with the previously described line, a distance of 63.77 feet to a point in the face of a curb on the southwest of a campus road; thence southeasterly along said face of curb at an angle of 179 °41'07" to the right with the previously described line, a distance of 74.35 feet to a point of curvature; thence southeasterly along said face of curb being a curve to the left with a radius of 230.00 feet and a central angle of 17 °30'06" an arc length of 70.26 feet to a point of reverse curvature; thence southerly along a curve to the right with a radius of 30.00 feet and a central angle of 79 °47'34" an are length of 41.78 feet to a point of tangency; thence southerly along a face of curb on the west side of a campus road, tangent to the previously described arc, a distance of 25.94 feet to a point of curvature; thence southerly across a driveway and along a face of curb being a curve to the left with a radius of 362.00 feet and a central angle of 19 °54'34 an arc length of 125.79 feet to a point of tangency; thence southerly along a face of curb on the west side of said campus road, tangent to the previously described arc, a distance of 39.43 feet to a point in the north line of said Forest Avenue; thence westerly along said north line of Forest Avenue at an angle of 89 °52'26 to the left with the previously described line, a distance of 995.93 feet to a point; thence northerly at right angles to the previously described line a distance of 197.35 feet to a point in the north edge of pavement of a campus driveway; thence easterly along said edge of pavement at right angles to the previously described line, a distance of 57.00 feet to a point; thence northerly at right angles to the previously described line, a distance of 165.47 feet to a point in a face of curb on the south side of a campus road; thence westerly along said face of curb at an angle of 89 °23'34" to the right with the previously described line, a distance of 272.67 feet to a point of curvature; thence westerly along said face of curb being a curve to the right with a radius of 210.00 feet and a central angle of 21 °29'48 ", an arc length of 78.79 feet to a point of tangency; thence northwesterly across a driveway tangent to the previously described arc, a distance of 43.88 feet to a point opposite the west edge of pavement of said driveway; thence southerly along said west edge of pavement at an angle of 88 °58'55 to the right with the previously described line, a distance of 103.96 feet to a point of curvature; thence southerly and westerly along a curve to the right with a radius of 20.00 feet and a central angle of 72 °15' 13 ", an arc length of 25.22 feet to a point of tangency; thence westerly along a north edge of a campus driveway, tangent to the previously described arc, a distance of 196.13 feet to a point; thence northerly at an angle of 92 °10'31" to the left with the previously described line, a distance of 35.00 feet to a point; thence northwesterly at an angle of 110 °44'54" to the right with the previously described line, a distance of 182.26 feet to a point; thence westerly at an angle of 160 °18' 14" to the right with the previously describe line, a distance of 100.00 feet to a point in the east line of said Rees Street, at the point or place of beginning, forming an angle of 84 °26'43" to the left with the previously described line, containing 42.52 Acres more or less. All other lands constituting the property commonly known as 400 Forest Avenue shall continue to be classified under the R -2 residential zone classification. PASSED AYES 9 NOES 0 NO. 121 FOOD STORE LICENSE (NEW) 177 FRENCH (FILL)(EDPI) (ITEM NO. 42, C.C.P., FEB. 19, 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 Commissioner of Permits and Inspections Services is hereby authorized pursuant to Chapter 194 of the City Code to issue a Food Store License to Ahmed Saif, and Alhardini and Ali Mohamed Saleh d /b /a Hothara Food Market Inc. located at 177 French upon the following conditions: • Hours of operation: store must close by 11:00 p.m. Sunday through Saturday • House of Operation: store must close by 12:00 midnight on Friday and Saturday • No hand painted signs • No Obstruction of windows • Working security cameras inside and outside of the store • No selling of "loose" items, i.e., cigarettes, single diapers • No selling of drug paraphernalia, including "one -hit" glass tubes, cigarette rolling papers PASSED AYES 9 NOES 0 NO. 122 USED CAR DEALER - 160 ABBOTT (SOUTH)(EDPI) (ITEM NO. 78, C.C.P., MARCH 5, 2013) Mr. Pridgen moved: That the above item be, and the same hereby is returned to the Common council without a recommendation Mr. Pridgen moved that the above item be recommitted to the Committee on Legislation ADOPTED NO. 123 F. CMGAROV, OWNER, TO USE 2516 MAIN FOR UNDERGROUND STORAGE TANK, ERECT ONE -STORY MASONRY RETAIL WITH FUEL STATION AND POLE SIGN (DEI)(DPIS) (ITEM NO. 79, C.C.P., MARCH 5, 2013) Mr. Pridgen moved: That the above item be, and the same hereby is returned to the Common Council without recommendation; That the application of F. Cmgarov, Owner of 2516 Main Street for underground storage tank, to erect a one -story masonry retail with fuel dispensing station with a 75' setback in the Transit Station Special District with a pole sign is hereby approved subject to the condition that the fuel tanks shall be no larger than 10,000 gallons in accordance with City Ordinance. PASSED AYES -9 NOES -0 NO. 124 FOOD STORE LICENSE RENEWALS(EDPI) (ITEM NO. 16, C.C.P., JANUARY 8, 2012) That the above item be, and the same hereby is returned to the Common Council without recommendation: Mr. Pridgen moved: That pursuant to subdivision C of section 194 -7.1 of the Buffalo City Code, the Council believes the following food store licensees require further investigation by the Department of Permit and Inspection Services prior to license renewal: A &A Food Market, 274 Maryland Street, Buffalo, New York 14201; Brothers Halal Market, 580 Niagara Street, Buffalo, New York 14201; Lin Asian Market, 428 Niagara Street, Buffalo, New York 14201; N M Market, 219 Hudson Street, Buffalo, New York 14201; S &S Food Mart, 278 Trenton Street, Buffalo, New York, 14201; Sherman Deli, 829 Genesee Sreet, Buffalo, New York 14211; Swan Food Market, 357 Swan Street, Buffalo, New York 14204; William Mini Market, 654 William Street, Buffalo, New York 14206; United Family Market, 568 Niagara Street, Buffalo, New York 14201; Broadway Mart, 1069 Broadway, Buffalo, New York 14212; Sunoco A -Plus, 1301 Hertel Avenue, Buffalo, New York 14216; Sunoco, 211 Niagara Street, Buffalo, New York 14201; Clover Farms, 432 East Ferry Street, Buffalo, New York 14208; City Comer Foods Plus, 1538 Fillmore Avenue, Buffalo, New York 14211; Myheeb Deli, 2289 Fillmore Avenue, Buffalo, New York 14211; Main Mini Market, 2608 Main Street, Buffalo, New York 14214; Delavan Discount Deli, 817 East Delavan Avenue, Buffalo, New York 14211; Ferry Express V LLC, 1507 Fillmore Avenue, Buffalo, New York, 14211; WNY Food Market, inc., 2724 Bailey Avenue, Buffalo, New York 14215; Save $ Plus, 912 East Delavan Avenue, Buffalo, New York 14215; Bill's Comer, 314 Hampshire Street, buffalo, New York 14213; Comstock Deli & Grocery, 262 Comstock Avenue, Buffalo, New York 14215; Langfield Food Market, 313 Weston Avenue, Buffalo, New York 14215; Sunoco Food Mart, 1266 East Delavan Avenue, Buffalo, New York 14215; and That pursuant to subdivisions C and D of section 194 -7.1 of the Buffalo City Code, the Council believes the following food store licensees require further investigation by the Department of Permit and Inspection Services prior to license renewal for compliance with Sections 387 -17 and 511 -100 of the Buffalo City Code with respect to storefront window coverage and other signage requirements: Alnoor Grocery, 1200 Hertel Avenue, Buffalo, New York 14216; City Grocery, 1225 Hertel Avenue, Buffalo, New York 14216; Community Comer, Inc., 1146 Hertel Avenue, Buffalo, New York 14216; Newroz Market & Grill, 1175 Hertel Avenue, Buffalo, New York 14216; and That this resolution be forwarded to the Commissioner of Permit and Inspection Services for further action pursuant to Chapter 194 of the Code of the City of Buffalo. PASSED AYES -9 NOES -0 NO. 125 FOOD STORE LICENSE (NEW) - 2272 GENESEE (LOV)(EDPI) (ITEM NO. 43, C.C.P., FEB. 19, 2013) Mr. Pridgen moved: That the above item be, and the stone hereby is returned to the Common Council with a recommendation for approval; 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 Maria D'Agostino d /b /a ABC Grocery located at 2272 Genesee. PASSED AYES 9 NOES 0 NO. 126 FOOD STORE LICENSE (NEW) - 3 LAKEVIEW (ELL)(EDPI) (ITEM NO. 35, C.C.P., JULY 24, 2012) 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 Commissioner of Permits and Inspections Services is hereby authorized pursuant to Chapter 194 of the City Code to issue a Food Store License to Saleh Mohamed Mozeb and Hazem Shaif Fadhel d /b /a Lakeview Food Market Inc. located at 3 Lakeview upon the following conditions: • Cannot sell "loosies "; i,e., single cigarettes, single diapers, or items packaged for etc. • Cannot sell open packages that are intended to be sold as a bundle, such as crackers, and sell single unmarked items. (Many of these items, especially perishables, have expiration dates for public safety. The opening and selling single items without dates, nutritional information and other important information is a public safety concern. • Must have a minimum of two (2) working surveillance cameras. One camera should be located about the entrance facing inwards and the other should be on the outside of the entrance door outwards toward the street. All cameras should be able to record video and store owners are asked to have the capability of saving video for at least thirty (30) days. • Store interior and exterior should be kept clean at all times. Store fagade and landscape must be well maintained. • Must remove hand painted signage from the front of the store within thirty (30) days of license issuance /reissuance. • Garbage receptacle must be maintained on the outside of the store, and emptied frequently, never allowing garbage to overflow. • No amateur hand painted advertising on or around building. No hand painted advertising of copyrighted items, such as malt liquor, New York State Lottery and other items without written permission of the agency holding the copyright. • No excessive empty boxes, packaging refuse and the like outside of the store in public view except the time period allowed by City ordinance. • Graffiti must be removed within 72 hours. • No obstruction of windows. • Days and hours of operation must be posted. None of the following to be sold: "One -Hit, PASSED AYES 9 NOES 0 SPECIAL COMMITTEES EDUCATION ( DEMONE A. SMITH, CHAIRMAN) NO. 127 LP CIMINELLI -BD PACKET DOCUMENTS - FEBRUARY 2013 CCP #53, 02/19 Mr. Smith moved That the above item be the same and hereby is Received and Filed ADOPTED NO. 128 LP CIMINELLI -BD PACKET DOCUMENTS - JANUARY 2013 CCP #52, 01/22 Mr. Smith moved That the above item be the same and hereby is Received and Filed ADOPTED NO. 129 LP CIMINELLI -BD PACKET DOCUMENTS - DECEMBER 2012 CCP #41, 01/11 Mr. Smith moved That the above item be the same and hereby is Received and Filed ADOPTED RESOLUTION NO. 130 BY: COUNCIL PRESIDENT FONTANA APPOINT CAROL TUTZAUER TO THE CAT TASK FORCE Whereas: Carol Tutzauer is a professor at the University of Buffalo, president of local animal rescue group Buffalo Humane, and an extremely knowledgeable "no kill" animal welfare expert. Therefore, Be It Resolved: The Common Council hereby appoints Carol Tutzauer as a member of the Cat Task Force committee. ADOPTED NO. 131 BY: MR. FONTANA APPOINTMENT MARRIAGE OFFICER (ALLEN) Pursuant to Chapter 49 of the laws of New York (1988), which allow 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 the following person as a Marriage Officer for the period ending September 15, 2013 Donald O. Allen ADOPTED. NO. 132 SPONSOR: COUNCIL PRESIDENT AND LOVEJOY DISTRICT COUNCIL MEMBER RICHARD A. FONTANA AND MAJORITY LEADER AND MASTEN DISTRICT COUNCIL MEMBER DEMONE A. SMITH AND SOUTH DISTRICT COUNCIL MEMBER CHRISTOPHER P. SCANLON AMEND CITY CHARTER, SECTION 175 TO ALLOW ONE FREE TON OF GARBAGE DISPOSAL AT THE TRANSFER STATION PER YEAR TO ONLY OWNER- OCCUPIED DWELLINGS WITHIN THE CITY Whereas: The City Charter states that people residing in or doing business in the City are allotted up to one ton of free garbage disposal, per residence, per year at the transfer station; and Whereas: The Charter also lists rates for nonresidents of the City of Buffalo, or those not doing business in the City who wish to dispose of solid waste at the transfer station; and Whereas: Landlords living outside city limits who own properties within the City of Buffalo are currently able to dispose of solid waste generated elsewhere, at the cost of the taxpayers, due to the current language in the City Charter; and Whereas: The Commissioner of Public Works may, before accepting such solid waste, require evidence that the source of such solid waste was Within the City of Buffalo. If made mandatory, this would require costly, time consuming monitoring of every transaction and it still does not resolve the issue granting several tons of free solid waste disposal to owners with multiple properties; and Whereas: As a result of this loophole, the City Transfer Station is operating at a deficit; and Whereas: Limiting the free ton of solid waste disposal to only owner occupied dwellings within the city and continuing to charge nonresidents will reduce the waste stream and cost of operating the transfer station, thus adding revenue to the City of Buffalo; and Whereas: This may be possible by requiring valid, government issued photo identification and current utility bills validating residency and appropriate usage based on residency or non - residency; and Now Therefore Be It Resolved: That Section 175 of the City Charter be amended to allow one free ton of garbage disposal at the transfer station per year to any owner - occupied dwelling within the City of Buffalo; and Now Therefore Be It Further Resolved: That Public Works establish a system to track the total tonnage received per calendar year from each owner - occupied dwelling; and Be It Finally Resolved: That copies of this resolution be referred to the Mayor's Office, City Comptroller, Commissioner of Public Works and the Law Department REFERRED TO THE COMMITTEE ON LEGISLATION NO. 133 BY: MR. GOLOMBEK ORDINANCE AMENDMENT - ARTICLE IX MOBILE FOOD VEHICLE VENDORS The Common Council of the City of Buffalo does hereby ordain as follows: Section 1. That Article IX of Chapter 316 of the Code of the City of Buffalo be amended to read as follows: ARTICLE IX. Mobile Food Vehicle Vendors 316-51 [ §316 -50]. Definitions. 3§ 16 -52 [316 -51 ]. General provisions. 3§ 16 -53 [316 -52]. License required; application. 3§ 16 -54 [316 -53]. Form and condition of license. 3§ 16 -55 [316 -54]. License fee. 3§ 16 -56 [316 -55]. Suspension and revocation of license; fine schedule. 3§ 16 -57 [316 -56]. Closure for operation without license. [§ 316 -58. Sunset provision.] 3§ 16 -51 [ §316 -50]. Definitions As used in this article, the following terms shall have the meanings indicated: MOBILE FOOD VEHICLE ( "MFV ") A commercially manufactured, self- contained, motorized mobile food unit in which ready -to -eat food is cooked, wrapped, packaged, processed or portioned for service, sale or distribution. MOBILE FOOD VEHICLE VENDOR ( "MFVV ") The owner of a mobile food vehicle or the owner's agent; hereinafter referred to as "vendor." §316-52 [§316-51]. General Provisions A. It shall be unlawful for any person to operate a mobile food vehicle within the public rights -of -way or on public property within the City of Buffalo without first having obtained a valid mobile food vending license as prescribed in this article. Operation of a mobile food vehicle on private property shall continue to be regulated and prohibited in accordance with all applicable provisions of the City Code. B. Any mobile food vehicle vendor operating within the Special Downtown District shall abide by Article VIII of this chapter within said district, and the restrictions enumerated herein shall only apply to all areas outside of said district. C. It shall be unlawful for a mobile food vehicle vendor to park, stand, or operate in a location which is adjacent to or within a one - hundred -foot radius of the nearest edge of any building or section of a building comprising a licensed food establishment, excluding any patio, awning or temporary enclosure attached thereto, the kitchen of which is open for serving food to patrons. This requirement may be waived if the application is submitted together with the written consent of the proprietor of the adjacent licensed food establishment. D. Each and every MFVV must at all times carry on the vehicle a "measuring wheel" with a measuring capacity of no less than 500 feet as a condition of its licensure. The failure of any MFVV to carry such a "measuring wheel" or abide by the proximity distance restrictions included in this article shall constitute a violation of this article pursuant to 3§ 16 -56 of this Code. E. All mobile food vehicle vendors must abide by all parking and vehicle and traffic laws, ordinances, rules and regulations at all times, except that a mobile food vehicle that is of such a length that it occupies all or a portion of two vehicle parking spaces may park in said spaces so long as it abides by all other parking restrictions, including any two - hour - maximum durational requirements in force and effect at that time and location. F. It shall be unlawful for any mobile food vehicle vendor to operate within 500 feet of the boundary line of any fair, carnival, circus, festival, special event or civic event that is licensed or sanctioned by the City, except when the vendor has obtained a permit to so operate from the City of Buffalo in accordance with Chapter 414 of this Code. G. It shall be unlawful for any mobile food vehicle vendor to operate within 100 feet of any hot dog vendor licensed to vend hot dogs within the City of Buffalo. H. All signage must be permanently affixed to the mobile food vehicle. No accessory signage shall be placed outside or around the mobile food vehicle. I. All mobile food vehicles must be equipped with trash receptacles of a sufficient capacity that shall be changed as necessary to prevent overflow or the creation of litter or debris. Each mobile food vehicle vendor shall be responsible for abiding by 2§ 16 -9 of this Code, any violation of which shall be punished in accordance with § 216 -11 of this Code. §316-53 [§316-52]. License required; application. A. Any person desiring to operate a mobile food vehicle shall make a written application for such license to the Department of Permit and Inspection Services, Office of Licenses. The application for such license shall be on forms provided by the Commissioner of Permit and Inspection Services or his designee, and shall include the following: (1) Name, signature and address of each applicant and each corporate officer of the mobile food vehicle vending corporation. (2) A valid copy of all necessary licenses, permits or certificates required by the County of Erie, the State of New York or any subsidiary enforcement agencies or departments thereof, including, but not limited to, a valid New York State Department of Motor Vehicles registration and certificate of inspection and valid driver's licenses of all vehicle operators. (3) A signed statement that the vendor shall hold harmless the City and its officers and employees, and shall indemnify and hold harmless the City and its officers and employees for any claims for damage to property or injury to persons which may be occasioned by any activity carried on under the terms of the license. The vendor shall furnish and maintain such public liability, food products liability, and property insurance, as will protect the vendor and the City from all claims for damage to property or bodily injury, including death, which may arise from the operations under the license or in connection therewith. Such insurance shall provide coverage of not less than $1,000,000 per occurrence. The policy shall further provide that it may not be canceled except upon 30 days' written notice served upon the City of Buffalo Office of Licenses. A license issued pursuant to the provisions of this section shall be invalid at any time the insurance required herein is not maintained and evidence of continuing coverage is not filed with the City of Buffalo Office of Licenses. (4) All license applicants shall submit to a Buffalo Police Department background check into the moral character of the applicant for convictions related to the proposed activity that would indicate that he or she is not a suitable licensee. A license application may be refused by the Commissioner of Permit and Inspection Services or his designee if, in his or her discretion, a prior criminal conviction demonstrates that he or she is not a suitable licensee. (5) All license applicants and applicants for renewals thereof shall present each vehicle to the Department of Fire to determine that the vehicle meets all applicable New York State Fire Codes. (6) The initial license shall be subject to approval by the Common Council of the City of Buffalo. §316-5 4 [316 -53]. Form and condition of license. Every mobile food vehicle vending license shall contain the following conditions: A. Each mobile food vehicle vending license shall expire on April 1 of every year. B. The license shall not be transferable from person to person without the written approval of the Director of Licenses. C. The license is valid for one vehicle only. D. There shall be issued to each vendor a suitable decal that shall be permanently and prominently affixed to the vehicle. §316-55 [§316-54] License fee A. All vendors shall may an initial application fee of $1,000, which fee shall include the first year's license fee. B. All vendors holding a license that has not been revoked or permitted to lapse shall may an annual renewal fee of $500. [All vendors licensed under this article shall pay an annual license fee of $1,000.] §316-56 [316-55]. Suspension and revocation of license; fine schedule. A. The owner /operator of any mobile food vehicle licensed by the City of Buffalo shall comply with all provisions of federal, state and local laws and ordinances. B. The owner /operator of any mobile food vehicle licensed by the City of Buffalo shall comply with all notices, orders, decisions and rules and regulations made by the Department of Permit and Inspection Services, Buffalo Police Department or any other City of Buffalo department and /or agency. C. Any person, firm, corporation or other entity violating the provisions of this article may be liable for penalties as prescribed below and elsewhere in this Code, and may be subject to immediate closure by the Buffalo Police Department and /or the Department of Permit and Inspection Services, pending an administrative hearing, which will be scheduled within 60 days of said immediate closure. The licensee shall have the right to operate in accordance with this article between the time of the alleged violation and the hearing and the final determination regarding the same. D. For violations solely of the provisions of this article, the following fine schedule shall apply: (1) First offense: fine of $200 after a finding or plea of guilt before the City of Buffalo's Bureau of Administrative Adjudication. (2) Second offense: fine of $350 after a finding or plea of guilt before the City of Buffalo's Bureau of Administrative Adjudication. (3) Third offense: license revocation after a finding or plea of guilt before the City of Buffalo's Bureau of Administrative Adjudication. §316-57 [316 -56]. Closure for operation without a license. Any mobile food vehicle [establishment] operating without the required City of Buffalo license shall be immediately closed by order of the Buffalo Police Department or the Department of Permit and Inspection Services. Every day of operation without a license shall constitute a separate violation and shall be punishable by a fine of $1,500 per violation. [§ 316 -57. Sunset provision This article shall sunset on April 1, 2013, meaning that it shall no longer continue to be effective without subsequent action by the Common Council of the City of Buffalo to renew, amend or modify the same.] § 2. This Ordinance Amendment shall take effect immediately upon being duly ratified pursuant to §3 -19 of the City Charter. APPROVED AS TO FORM TIMOTHY A. BALL By: Alan P. Gerstman Asst.: Corporation Counsel Underlined material is new. Material in brackets [ ] is repealed. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 134 SPONSOR: MR. GOLOMBEK REQUEST TO RENAME PORTION OF LETCHWORTH STREET Whereas: Buffalo State College was established in 1871 as a post- secondary education institution where students would be able to learn the art of teaching; and Whereas: Since its founding, Buffalo State College has expanded its curriculum beyond educating future teachers and incorporated additional courses that dealt with the ever expanding occupational opportunities in the business world; and Whereas: Over the years, as more and more students enrolled at Buffalo State College, the school expanded the number of structures on campus to accommodate the increased educational offerings; and Whereas: The increased structural footprint of the Buffalo State College campus has expanded past Rees Street and currently boarders Grant Street; and Whereas: Rockwell Drive, which is the main thoroughfare on campus, currently ends at the intersection of Rees Street, and without any physical change in direction becomes known as Letchworth Street; and Whereas: This name change produces confusion for students, educators, administrators and visitors of Buffalo State College; and Whereas: Buffalo State College owns the properties that abut the one block section of Letchworth Street that is located on the Buffalo State campus. Now, Therefore, Be It Resolved: The Common Council of the City of Buffalo approves changing the name of Letchworth Street from Grant Street to Rees Street to "Rockwell Road" in order to provide name continuality of Rockwell Road through the Buffalo State Campus; and Be It Further Resolved: That copies of this resolution be forwarded the Department of Public Works, Parks and Streets, the Buffalo Fire Department, the Buffalo Police Department, the United States Postal Service and the Corporation Counsel for their review and requests that they file their comments and /or recommendations of the proposed name change with the Common Council; and Be It Finally Resolved: That the Common Council of the City of Buffalo requests the City Clerk, upon approval of this resolution, forward certified copies the resolution to the United States Postal Service. ADOPT SECOND RESOLVE THE REMAINDER REFERRED TO THE COMMITTEE ON LEGISLATION NO. 136 SPONSOR: COUNCILMEMBER LOCURTO EXPLORING FUNDING INCENTIVES FOR THE DEVELOPMENT OF THE FORMER NORTH PARK LIBRARY Whereas, the former North Park Library at Delaware and Hertel Avenues in North Buffalo was once a heavily utilized library and significant community asset; and Whereas, in April of 2008, the North Park Library was shut down, citing asbestos and lead paint as the primary reason for relocating the library to a 'temporary" location in a Hertel Avenue shopping center; and Whereas, the now vacant former library is poorly maintained by the City and its highly visible location has made it a consistent eyesore in an otherwise thriving community; and Whereas, the former Fairfield library is currently being renovated into apartments and office space, and the developer for the site was recently allocated $500,000 in Restore NY funding to help offset the cost of the site's remediation; and Whereas, the North Park Library has now been vacant for almost 5 years, and there continues to be an increasing desire among the community to see the building rehabilitated and re- purposed, restoring the site as an asset, rather than blight, on the neighborhood; and Whereas, given the significant investment needed to remediate the North Park Library site, the City should work to better incentivize the site to private developers; and Now, Therefore, Be it Resolved: That the City of Buffalo Common Council hereby requests that the Office of Strategic Planning, the Department of Real Estate and other relevant City departments explore state and federal funding opportunities that can help make developing the former North Park Library cost - effective; and Be it Further Resolved: That a copy of this resolution be sent to the appropriate departments, including the Office of Strategic Planning, the Division of Real Estate, the Office of the Mayor and to the Western New York state and congressional delegation. ADOPTED NO. 136 SPONSOR: COUNCILMEMBER LOCURTO RE: WAIVE PERMIT FEES FOR 6 LOAVES FARM'S URBAN MAPLE SUGARING DEMONSTRATION IN DELAWARE PARK Whereas, 5 Loaves Farm is a 501(c)(3) market garden initiative on Buffalo's Westside that produces healthy food as well as educational and economic opportunities for Buffalo residents; and Whereas, On March 23 rd, 2012, S Loaves Farm will be partnering with the Buffalo Olmsted Conservancy to hold an Urban Maple Sugaring Demonstration in Delaware Park as part of New York State's 18 Annual Maple Weekend, meant to educate residents about the rich resources Buffalo's urban forests provide and to promote the use and importance of our city parks; and Whereas, waiving the permit fees for this event will allow it to remain free and open to all, inspiring Buffalonians to protect and actively invest in our urban forest and environment; and Now, Therefore, Be it Resolved: That the City of Buffalo Common Council hereby waives all permit fees associated with holding S Loaves Farm's Urban Maple Sugaring Demonstration in Delaware Park on March 23 2013 from 10am -2pm. PASSED AYES -9 NOES -0 NO. 137 SPONSOR: COUNCILMEMBER LOCURTO RE: WAIVE THE PERMIT FEES FOR THE PARKSIDE SUMMER ARTS PROGRAM AND PCA'S "MOVIES IN THE MEADOW" Whereas, The Parkside Community Association (PCA) is a 501(c)(3) not - for - profit founded in 1963 and is the largest membership -based community association in the City of Buffalo; and, Whereas, For over thirty years, the Parkside Summer Arts Program has provided quality arts education programming for children aged 5 -11 during their summer vacations; and, Whereas, This year's theme will be "The Camp Community," where campers will take part in enrichment activities that connect with the vibrant resources available in the Parkside Neighborhood; and, Whereas, The camp offers a network of instructors skilled in a wide variety of topics with a focus on direct experience, including topics ranging from literacy, math and science, to music, dance and art; and, Whereas, The Summer Arts Program will be held weekdays at St. Mary's School for the Deaf from 9am -3pm, beginning on Monday, July 8 th, 2013, and ending Friday, August 16th2013; and Whereas, Every Friday in August, the PCA also hosts free, family - friendly, nighttime outdoor screenings of popular movies in Delaware Park where residents can come out and enjoy the park with friends, neighbors, and family; and, Whereas, the screenings will be held in front of the Parkside lodge every Friday beginning at dusk, with the first screening to be held on Friday, August 2nd 2013, through the last on Friday, August 30 2013. Now, Therefore, Be It Resolved That: The Common Council hereby commends the Parkside Community Association for their dedication to education and enrichment of Buffalo children and their families; and, Be it Further Resolved That: The Common Council hereby waives the permit fees associated with holding the Summer Arts Program in Delaware Park from July 8 th 2013 through August 16 2013 and for The "Movies in the Meadow" to be held every Friday in August of 2013 Be It Finally Resolved That: A copy of this resolution is sent to the Department of Parks and Recreation and the Department of Special Events. PASSED AYES -9 NOES -0 NO. 138 COMMUNITY CHESS PROJECT FOR NIAGARA SQUARE Whereas Niagara Square is a beautiful and historic landmark that draws many people from around Western New York and tourists from around the world; and Whereas The open space within Niagara Square and around the McKinley Monument provides an excellent environment to host public events; and Whereas Better use of Niagara Square will better connect the citizens of Buffalo to their government and improve the sense of community in the downtown district; and Whereas The University at Buffalo Chess Club is interested in working with the City of Buffalo in organizing chess tournaments and public chess games in Niagara Square. Now, Therefore, Be It Resolved: That the Buffalo Common Council supports the University at Buffalo Chess Club in their goal of hosting chess tournaments and events in Niagara Square; and Be It Finally Resolved: That a copy of this resolution be forwarded to the Department of Public Works, the Law Department and the University at Buffalo Chess Club for review and comment. ADOPTED NO. 139 SPONSOR COUNCIL MEMBER PRIDGEN FORMATION OF FRUIT BELT ADVISORY COUNCIL MARCH 19, 2013 Whereas The Fruit Belt is one of the City's most historic neighborhoods dating back to the early 1800's; and Whereas: The Fruitbelt Community is in the process of experiencing tremendous growth with an influx of construction projects, jobs and stakeholders; and Whereas The Residents of the Fruitbelt desire to contribute to the planning of their community; and Whereas Community contributions are most effective when they are presented in an organized and detailed manner; and Whereas Currently there is no established organization to advise the Common Council in an official capacity on the interests of stakeholders in the Fruit Belt. Now Therefore Be It Resolved: That the Common Council of the City of Buffalo hereby establishes The Fruit Belt Advisory Council to provide recommendations to the Common Council regarding activities within the Fruit Belt neighborhood. Be It Finally Resolved: That any persons interested in helping to form The Fruit Belt Advisory Council come to an organizational meeting on Monday, April 22, 2013 at 12 noon at City Hall, Room 1417. ADOPTED NO. 140 SPONSOR: ELLICOTT COUNCIL MEMBER DARIUS G. PRIDGEN PERMISSION TO HANG BANNERS FOR MAY AS MENTAL HEALTH AWARENESS MONTH DATE: MARCH 18, 2013 Whereas: Banners are indicative of the strong organizational presence in our neighborhood and provide a visual and aesthetic design intended to display the cohesiveness of the community; and Whereas: These banners will help raise awareness in the community about mental health, de- stigmatize mental illness; and Whereas: BryLin Hospital is requesting permission to hang, (10) Mental Health Awareness pole banners which would line Delaware Avenue, on both sides, in the area in front of BryLin Hospital between Cleveland Avenue and Gates Circle; and Whereas: The City of Buffalo Department of Public Works designed general guidelines for the placement of banners that include the necessary information to fully comply with the requirements established. BryLin Hospital has received a copy of these conditions provided by the district office of the above named Council Member that give a full understanding of the requirements to allow the placement of the requested banner; and Now, Therefore, Be It Resolved: That the requested banners, meet the requirements of all appropriate City Departments and that no existing laws, rules, or regulations be violated, particularly those found in Charter and Code Sections 387 -15 or other pertinent sections thereof; and Be It Further Resolved: That the Common Council of the City of Buffalo does hereby grant permission to the BryLin Hospital to hang banners, located at Delaware Avenue, on both sides, in the area in front of BryLin Hospital between Cleveland Avenue and Gates Circle, and that copies of this resolution be forwarded to the Department of Public Works, the Arts Commission, and Special Events to ensure the requested conditions are met prior to the installation of the request to hang the banner in the City of Buffalo. PASSED AYES -9 NOES -0 NO. 141 BY: COUNCILMEMBER RIVERA FEE WAIVER AND USE OF RESIDENTIAL AREA PARKING PROGRAM LOT AT 182 GRANT STREET FOR HEALTH FAIR WHEREAS, ON JUNE 20, 2013 PRIMERA IGLESIA METODISTA NUEVA VISION WILL CONDUCT A HEALTH FAIR; AND Whereas, the fair will have free health exams, screenings, and information on available programming in the area; and Whereas, the organization is a 501(c)3 non - profit corporation; and Whereas, the purpose of this event is to provide basic, preliminary health services, information on healthy living and increase awareness of health - related issues. Now, Therefore, Be It Resolved, the Common Council approves the waiving of the Special Events permit fee associated with this event; and Be It Further Resolved, the Common Council approves the use of the RAPP lot at 3.82 Grant for a health fair; and Be It Finally Resolved, the City Clerk is directed to send a copy of this resolution to the Special Events Office and the Parking Department. PASSED AYES -9 NOES -0 NO. 142 SPONOSORS: MR. SCANLON, MR. LOCURTO, AND MR. SMITH ESTABLISH AN ONLINE PAYMENT RESOURCE AND STATUTE OF LIMITATIONS FOR OCCUPANC Y TAX LIEN WHEREAS: The Occupancy Tax, a one -time, $10 tax, was placed on all (roughly 100,000) homes in the City of Buffalo in 1976. It was repealed in 1977 due to general unpopularity. Residents were given the option to pay the tax right then or wait until their home was sold, where it would be paid upon closing; and WHEREAS: In the 36 years since the tax was established, all but 1,587 homes have paid the $10 fee. For those who have not, $40 of interest has accrued and a lien has been placed on the property; and WHEREAS: When it was passed, the tax went through without any consideration given to an expiration date or statute of limitations for the lien that would appear on properties pending payment. As a result, all real estate sellers are forced to address the lien when closing on a property by either paying the tax (interest included) or acquiring a $3 receipt from the Treasury Department providing proof of payment; and WHEREAS: No online resource is provided to allow easy access to paying the tax or acquiring proof of payment. The "Online Payments" page on the City of Buffalo's website makes it easy for residents to pay on a number of services within the city; and WHEREAS: Offering an online outlet for city residents to pay the tax may result in an influx of payments from the remaining 1,587 homeowners weary of making the trip to City Hall that typically includes parking fees or public transportation tolls that could potentially dwarf such a small tax; and Now Therefore Be It Resolved: That the Common Council request of the Treasury Department to offer an online resource for residents of the City of Buffalo to pay any outstanding balances owed to the Occupancy Tax and retrieve proof of said payment. Such a resource would eliminate the labor associated with researching payments and issuing $3 (three dollar) receipts in the Treasury Department; and Now Therefore Be It Further Resolved: That the Common Council request of the Law Department to prepare legislation establishing statute of limitations on the lien associated with the Occupancy Tax, with the intention that the statute may eliminate additional steps from the process of closing on a home and save the city labor costs associated with fulfilling requests regarding the tax after 2018; and Be It Finally Resolved: That copies of this resolution be referred to the Comptroller's Office, Law Department, Treasury Department and Office of Strategic Planning. ADOPTED NO. 143 BY: COUNCILMEMBER CHRISTOPHER P. SCANLON AUTHORIZING RESOLUTION FOR THE REFINANCING OF ALL OR A PORTION OF PHASE IV SERIES 2009A BONDS OF BUFFALO SCHOOLS REDEVELOPMENT PROJECT Resolution of the City of Buffalo authorizing certain matters related to certain bonds issued by the Erie County Industrial Development Agency to finance the refunding of a portion of the Series 2009A Bonds (hereinafter defined), determining the terms and conditions of such agreements, and other matters in connection therewith. WHEREAS, the Legislature of the State of New York, pursuant to Chapter 605 of the Laws of 2000, as amended by Chapter 59 of the Laws of 2003, and Chapter 421 of the Laws of 2004, and Chapter 283 of the Laws of 2006, and Chapter 403 of the Laws of 2008, and Chapter 492 of the Laws of 2008, and Chapter 497 of the Laws of 2008, and Chapter 209 of the Laws of 2009 (the "School Act "), has enacted legislation authorizing the Erie County Industrial Development Agency ( "ECIDA ") to finance, own, or lease educational facilities of the City of Buffalo (the "City ") and the City School District of the City of Buffalo (the "School District ") to be renovated or reconstructed pursuant to state law; and WHEREAS, the City and the School District, through their duly authorized agent for such purposes, the Joint School Construction Board ( "JSCB "), have entered into arrangements with the ECIDA to finance various public school facilities and to assist in the acquisition, renovation, construction, reconstruction, improvement, equipping and furnishing of such public school facilities within the City in order to implement the comprehensive redevelopment of the City's public schools (the "Project "); and WHEREAS, the initial phase of the Project, the leasing of school facilities related thereto, and the disposition of State Aid Revenues (hereafter defined) in connection therewith, were approved by resolution of the Common Council of the City of Buffalo on October 22, 2002 (Item 143, C.C.P. October 22, 2002); and WHEREAS, the second phase of the Project, the leasing of school facilities related thereto, and the disposition of State Aid Revenues in connection therewith, were approved by resolution of the Common Council of the City of Buffalo on December 2, 2004 (Item 133, C.C.P. December 2, 2004); and WHEREAS, the third phase of the Project, the leasing of school facilities related thereto, and the disposition of State Aid Revenues in connection therewith, were approved by resolutions of the Common Council of the City of Buffalo on May 29, 2007 (Item 53, C.C.P. May 29, 2007) and January 22, 2008 (Item 87, C.C.P. January 28, 2008) and February 5, 2008 (Item 89, C.C.P. February 5, 2008); and WHEREAS, the fourth phase of the Project, the leasing of school facilities related thereto, the subleasing of school facilities related thereto, and the disposition of State Aid Revenues in connection therewith, were approved by resolutions of the Common Council of the City of Buffalo on September 15, 2009 (Item 61, C.C.P. September 15, 2009); and WHEREAS, the fifth phase of the Project, the subleasing of school facilities related thereto, and the refunding of the initial phase of the Project as well as the disposition of State Aid Revenues m connection therewith, were approved by resolutions of the Common Council of the City of Buffalo on May 3, 2011 (Item 103, C.C.P. May 3, 2011 ); and WHEREAS, in order to finance the fourth phase of the Project, the ECIDA issued its School Facility Revenue Bonds (City School District of the City of Buffalo Project), Series 2009A (the "2009A ECIDA Bonds "); and WHEREAS, with respect to the fourth phase of the Project, (i) the School District subleased one of its phase four facilities to the ECIDA pursuant to a Ground Sublease (Series 2009 Project) dated as of November 1, 2009 between the School District as lessor and the ECIDA as lessee; (ii) the City and the School District leased the other phase four facilities to the ECIDA pursuant to a Ground Lease (Series 2009 Project), dated as of November 1, 2009, between the City and the District, as lessors, and the ECIDA as lessee; and (iii) the ECIDA sold its subleasehold and leasehold interests in the phase four facilities pursuant to an Installment Sale Agreement (Series 2009A Project), dated as of November 1, 2009 between the ECIDA and the School District (the "Series 2009 Installment Sale Agreement "); and WHEREAS, the 2009A ECIDA Bonds were secured with installment payments to be paid by the School District to the ECIDA pursuant to the Series 2009 Installment Sale Agreement (Series 2009 Project); and WHEREAS, in order to achieve cash savings, Citigroup Global Markets, Inc. has prepared and submitted to the School District a proposed refunding financial plan (a summary concerning the purpose of the funding is attached hereto as Appendix A) describing the proposed refunding of a portion of the 2009A ECIDA Bonds through the issuance by the ECIDA of one or more series of its refunding bonds, the issuance of which will result in annual cash savings and present value savings through reduced annual debt service payments on the 2013A ECIDA Bonds (defined below), relative to the annual debt service on the portion of the 2009A ECIDA Bonds refunded; and WHEREAS, any annual cash savings will benefit the School District by lowering the debt service on the 2013A ECIDA Bonds relative to debt service on the portion of the 2009A ECIDA Bonds refunded while still maintaining the payment of State building aid on the fourth phase of the Project with respect to school facilities financed by the 2009A ECIDA Bonds at current levels (without regard to the refunding of the 2009A ECIDA Bonds); and WHEREAS, in order to refund a portion of the 2009A ECIDA Bonds, the EC1 DA intends to issue from time to time its School Facility Refunding Revenue Bonds (City School District of the City of Buffalo Project), Series 2013A (the "2013A ECIDA Bonds "), all pursuant to the School Act and other applicable legislation; and WHEREAS, in connection with the refunding of a portion of the 2009A ECIDA Bonds, the 2013A ECIDA Bonds will be secured with installments payments under the Series 2009 Installment Sale Agreement to be amended by a First Amendment to Installment Sale Agreement (Series 2009 Project) (the "Amended 2009 Installment Sale Agreement ") between the ECIDA and the School District; WHEREAS, the School District's obligation to make such installment payments under the Amended 2009 Installment Sale Agreement to the ECIDA will be subject to annual appropriation by the State of New York (the "State ") and the School District and will be payable solely from the total amount of annual aid to education paid by the State to the School District and earnings on the investment thereof while in the custody of the Depository Bank under the Amended and Restated State Aid Trust Agreement ( "State Aid Revenues "); and WHEREAS, pursuant to the State Education Law (1) the disbursement of State Aid Revenues is solely the prerogative and responsibility of the Board of Education so long as such revenue is spent for the educational purposes appropriated and within the limits of the appropriation, (2) the Board of Education shall make such classification of the funds under its management and control and the disbursements thereof as the Comptroller of the City (the "Comptroller ") shall require, and (3) the Board of Education shall furnish such data in relation to such funds and their disbursements as the Comptroller shall require; and WHEREAS, the Comptroller periodically authorizes the issuance of City revenue anticipation notes in anticipation of the receipt of State Aid Revenues and the Comptroller is required by State law to provide for the set aside of State Aid Revenues to provide for repayment of such notes; and NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF BUFFALO as follows: Section 1. The Common Council of the City hereby determines and makes appropriate legislative findings that the Project and the refinancing thereof by the ECIDA are beneficial for the residents of the City and will promote educational opportunities to the residents of the City. Section 2. In order to facilitate the payment by the School District of installment payments under the Amended 2009 Installment Sale Agreement and the marketing and sale of the 2013A ECIDA Bonds, the Common Council of the City hereby authorizes the Comptroller to direct the payment of State Aid Revenues pursuant to instructions from the Comptroller and the Superintendent of the School District delivered to the New York State Comptroller to Manufacturers and Traders Trust Company, Buffalo, New York, as depository bank (the "Depository Bank "). Such State Aid Revenues will be held by the Depository Bank in a State Aid Trust Fund and will be disbursed from such fund from time to time to pay installment payments due under the Amended 2009 Installment Sale Agreement. Section 3. The Common Council of the City and the Board of Education of the School District, along with their properly authorized agent, the JSCB, are hereby authorized to proceed with the refunding of a portion of the 2009A ECIDA Bonds, in whole or in part, and the Mayor of the City is hereby designated the authorized representative of the Common Council of the City and he is hereby authorized and directed to execute and deliver any and all papers, instruments, agreements, opinions, certifications, affidavits and other documents and to do and cause to be done any and all acts and things necessary or proper for the carrying out the intent of this resolution and any instrument, agreements or other documents authorized hereby, and any prior actions taken or to be taken to effectuate the refunding of the 2009A ECIDA Bonds, in part, by the JSCB are hereby authorized and or ratified. Section 4. No stipulation, obligation or agreement contained in this resolution or any documents executed by the City pursuant hereto, or any agreement in furtherance hereof shall be deemed to be a stipulation, obligation or agreement of any member of the Common Council, officer, agent or employee of the City in his or her individual capacity and neither the members of the Common Council of the City nor any officer executing any of the agreements or other documentation authorized by this Resolution shall be liable personally on such agreements or be subject to any personal liability or accountability by reason thereof Section 5. This resolution shall take effect immediately upon approval of the Mayor of the City. PASSED AYES -9 NOES -0 NO. 144 BY: CHRISTOPHER P. SCANLON: REFUNDING BOND RESOLUTION $8,000,000 BONDS REFUNDING OF 2004 -A REFUNDING SERIAL BONDS Refunding Bond Resolution of the City of Buffalo, New York, authorizing the refunding of all or a portion of the outstanding Refunding Serial Bonds - 2004 -A of said City, stating the plan of refunding, appropriating an amount not to exceed $8,000,000 therefor, authorizing the issuance of not to exceed $8,000,000 Refunding Bonds of said City, or so much thereof as may be necessary, to finance said appropriation, and making certain determinations all relative thereto. Recitals WHEREAS, the City previously issued its Refunding Serial Bonds - 2004 -A, dated January 28, 2004 in the original aggregate principal amount of $10,285,000 (the "Series 2004 Refunding Bonds "), pursuant to a refunding bond resolution adopted by the Common Council of the City on December 9, 1997, for the purpose of refunding the then outstanding principal amount of the City's General Improvement Serial Bonds - 1994 -F issued in the original principal amount of $10,000,000 (the "Series 1994 Bonds "), such Series 1994 Bonds having been issued pursuant to. bond resolutions adopted on June 23, 1992 and amended on October 5, 1993 for the specific object or purpose identified in Exhibit. -AA attached hereto; which Series 2004 Bonds have an outstanding principal amount of $7,025,000, and mature in the following respective years and principal amounts: $435,000 in the year 2014, $460,000 in the year 20!5, $480,000 in the year 2016, $505,000 in the year 2017, $530,000 in the year 2018, $560,000 in the year 2019, $590,000 in the year 2020, $620,000 in the year 2021, $655,000 in the year 2022, $690,000 in the year 2023, $730,000 in the year 2024 and $770,000 in the year 2025 (the "Prior Bonds "); and WHEREAS, the City has the power and authority to issue refunding bonds of the City for the purpose of refunding and thereby refinancing all or a portion of the outstanding Prior Bonds, including provision for incidental costs of issuance in connection therewith, pursuant to the provisions of Section 90.10 of the Local Finance Law (the "Law "); and WHEREAS, the City has received a draft refunding financial plan (the "Refunding Financial Plan "), a copy of which is attached hereto as Exhibit -BB, from Capital Markets Advisors, LLC, the financial advisory firm retained by the City, with respect to a proposed refunding of the Prior Bonds maturing in the years 2014 and thereafter (such maturities of Prior Bonds being referred to as the "Refunded Bonds "), which refunding would result in present value savings in debt service as required by Section 90.10 of the Local Finance Law; and WHEREAS, in order for the City to realize the potential for substantial long -term debt service savings with respect to the Refunded Bonds, the Common Council determined, acting in consultation with the financial advisory and bond counsel firms retained by the City, that it is advisable and prudent for the City to consider the refunding of all or a portion of the Refunded Bonds; ,und WHEREAS, the Common Council now intends to authorize the issuance of refunding bonds for the purpose of refunding all or a portion of the Refunded Bonds in accordance with the Refunding Financial Plan. now, therefore, The Common Council of the City of Buffalo, in the County of Erie, New York hereby resolves (by the favorable vote of not less than two - thirds of all the members of such Common Council), as follows: Section 1. For the object or purpose of refunding the $7,025,000 outstanding aggregate principal balance of the Refunded Bonds, including providing moneys which together with the interest earned from the investment of certain of the proceeds of the refunding bonds herein authorized, shall be sufficient to pay (a) the principal amount of the Refunded Bonds, (b) the aggregate amount of unmatured interest payable on the Refunded Bonds to and including the date or dates on which the Refunded Bonds which are optionally redeemable are to be called for redemption prior to their respective maturities in accordance with the refunding financial plan, (c) the redemption premiums, if any, payable on the Refunded Bonds which are to be called for redemption prior to their respective maturities, (d) the costs and expenses incidental to the issuance of the refunding bonds herein authorized, including without limitation the development of the refunding financial plan, compensation to the underwriter as hereinafter defined, costs and expenses of executing and performing the terms and conditions of the Escrow Contract, (as defined in Section 6 of this Resolution), and fees and charges of the Escrow Holder (as defined in Section 6 of this Resolution), financial advisory fees, printing fees and legal fees and (e) the premium or premiums for a policy or policies of municipal bond insurance or other form of credit enhancement facility or facilities for the refunding bonds herein authorized, or any portion thereof, there are hereby authorized to be issued "Refunding Serial Bonds - 2013 -A (Federally Taxable)" of the City, in an aggregate principal amount not to exceed $8,000,000 pursuant to the provisions of Section 90.10 of the Local Finance Law (the "Refunding Bonds "), it being currently anticipated that the amount of Refunding Bonds actually to be issued will be approximately $7,560,000 as described in Section 5 hereof. The Refunding Bonds shall be dated as of such date as shall hereinafter be determined by the Comptroller pursuant to Section 5 hereof, and shall be of the denomination of $5,000 or any integral multiple thereof not exceeding the principal amount of each respective maturity. The Refunding Bonds shall mature annually and shall bear interest payable semi - annually on such dates as shall be determined by the Comptroller pursuant to Section 5 hereof, at the rate or rates of interest per annum as may be necessary to sell the same, all as shall be determined by the Comptroller. Notwithstanding anything in this resolution to the contrary, the Refunding Bonds shall only be issued by the City if the refunding of the Refunded Bonds hereby will result in present value savings as determined in accordance with the methodology set forth in Section 90.10(b)(2) of the Local Finance Law. Section 2. The Comptroller, as the chief fiscal officer, is hereby delegated all powers of the Common Council with respect to agreements for credit enhancement, derived from and pursuant to Section 168.00 of the Local Finance Law, for said Refunding Bonds, including, but not limited to the determination of the provider of such credit enhancement facility or facilities and the terms and contents of any agreement or agreements related thereto. Section 3. The Refunding Bonds shall be executed in the name of the City by the manual or facsimile signature of the Comptroller, and a facsimile of its corporate seal shall be imprinted thereon. The Refunding Bonds shall contain the recital required by Section 90.100)(4 ) of the Local Finance Law and the recital of validity clause provided for in Section 52.00 of the Local Finance Law and shall otherwise be in such form and contain such recitals as the Comptroller shall determine. Section 4. It is hereby determined that: (a) The maximum amount of the Refunding Bonds authorized to be issued pursuant to this resolution does not exceed the limitation imposed by Section 90.10(b)(1) of the Local Finance Law; (b) The maximum period or periods of probable usefulness permitted by law at the time of the issuance of the Refunded Bonds for each of the objects or purposes for which the Refunded Bonds were issued is as shown upon Exhibit A attached hereto. (c) The estimated present value of the total debt service savings anticipated as a result of the issuance of the Refunding Bonds, computed in accordance with the provisions of Section 90.10(b)(2) of the Local Finance Law, is as shown in the Refunding Financial Plan described in Section 5 hereof Section 5. The financial plan for the refunding authorized by this resolution (the "Refunding Financial Plan "), showing the sources and amounts of all moneys required to accomplish such refunding, and the estimated present value of the total debt service savings computed in accordance with the requirements of Section 90.10(b)(2)(a) of the Local Finance Law, is set forth in Exhibit B attached hereto and made a part of this resolution. The Refunding Financial Plan has been prepared based upon the assumption that the Refunding Bonds will be issued in the principal amount of $7,560,000 and that the Refunding Bonds will mature, be of such terms, and bear interest as set forth in Exhibit B. This Common Council recognizes that the amount of the Refunding Bonds, and the maturities, terms, and interest rate and rates borne by the Refunding Bonds to be issued by the City will most probably be different from such assumptions and that the final Refunding Financial Plan will also most probably be different from that attached hereto as Exhibit B. The Comptroller is hereby authorized and directed determine the actual amount of the Refunding Bonds to be issued(not in excess of the maximum principal amount authorized by Section 1 of this resolution), the weighted average remaining period of probable usefulness of the objects or purposes (or classes of objects or purposes) financed by the Refunding Bonds, the actual maturities and amounts of the Refunded Bonds to be refunded, the details as to the redemption of the Refunded Bends, including the date and amount of such redemption or redemptions and authorizing and directing the Escrow Agent described in Section 6 hereof to cause notice of such redemption or redemptions, the date of the Refunding Bonds and the date of issue, maturities and terms thereof, the provisions relating to the redemption of Refunding Bonds prior to maturity, whether the Refunding Bonds shall be issued fin one or more series, whether the Refunding Bonds will be insured by a policy or policies of municipal bond insurance or otherwise enhanced by a credit enhancement facility or facilities, whether the Refunding Bonds shall be sold at a discount in the manner authorized by Section 57.00(e) of the Local Finance Law, and the rate or rates of interest to be borne thereby, and to prepare, or cause to be provided, a final Refunding Financial Plan for the Refunding Bonds, and provided that the terms of the Refunding Bonds to be issued, including the rate or rates of interest borne thereby, shall comply with the requirements of Section 90.10 of the Local Finance Law. The Comptroller shall file with the City Clerk not later than the date of issuance of the Refunding Bonds, as herein provided (1) a copy of the Comptroller's certificate determining the details of the Refunding Bonds and the final Refunding Financial Plan and (2) the Certificate of the Comptroller setting forth the present value of the total debt service savings, as required by Section 90.10(g) of the Local Finance Law. Section 6. The Comptroller is hereby authorized and directed to enter into an escrow contract (the "Escrow Contract ") with a bank or trust company located and authorized to do business in the State of New York (the "State ") as the Comptroller shall designate (the "Escrow Holder ") for the purpose of having the Escrow Holder act, in connection with the Refunded Bonds, as the escrow holder to perform the services described in Section 90.10(i)(1) of the Local Finance Law. Section 7. The faith and credit of said City are hereby irrevocably pledged for the payment of the principal of and interest on the Refunding Bonds herein authorized as the same become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year. There shall annually be levied on all the taxable real property of the City a tax sufficient to pay the principal of and interest on such bonds as the same become due and payable. Section 8. (a) All of the proceeds from the sale of the Refunding Bonds, including the premium, if any (the Proceeds of the Refunding Bonds "), shall immediately upon receipt thereof be placed in escrow with the Escrow Holder for the Refunded Bonds. From the Proceeds of the Refunding Bonds, the portion thereof as is necessary to pay the outstanding principal amount of the Refunded Bonds, the aggregate amount of unmatured interest on the Refunded Bonds to and including the respective maturity dates or redemption dates thereof as set forth in the final Refunding Financial Plan prepared or caused to be prepared by the Comptroller in accordance with Section 6 of this resolution, and the redemption premiums, if any, payable on the Refunded Bonds on such redemption dates, (such amount being hereinafter referred to as the "Escrow Deposit Amount ") shall be deposited in the escrow deposit fund to be established pursuant to the Escrow Contract, and either held in cash or invested in direct obligations of the United States of America or in obligations, the principal of and interest on which are unconditionally guaranteed by the United States of America, which obligations shall mature or be subject to redemption at the option of the holder thereof not later than the respective dates such moneys will be required to make payments in accordance with the final Refunding Financial Plan. Amounts held on deposit in the Escrow Fund, whether in the form of cash or investments, o¢ both, 'inclusive of any interest earned from the investment thereof, shall be irrevocably committed and pledged to the payment of the principal of, interest on, and redemption price of the Refunded Bonds in accordance with Section 90.10 of the Local Finance Law, and the holders, from time to time, of the Refunded Bonds shall have a lien upon such monies held by the Escrow Holder. Such pledge and lien shall become valid and binding upon the issuance of the Refunding Bonds and the moneys and investments held by the Escrow Holder for the Refunded Bonds in the Escrow Fund shall immediately be subject thereto without any further act. Such pledge and lien shall be valid and binding as against all parties having claims or any kind in tort, contract or otherwise against the City irrespective of whether such parties have notice thereof. (b) After depositing the Escrow Deposit Amount into the Escrow Fund, in accordance with paragraph (a) above, the remaining balance, if any, of the Proceeds of the Refunding Bonds not so deposited shall, immediately upon receipt thereof, be placed in escrow with the Escrow Holder for the Refunded Bonds and deposited in the expense fund to be established under the Escrow Contract by the Escrow Holder to pay, to the Comptroller, as Chief Fiscal Officer, or as the Comptroller may direct and be applied to pay (i) accrued interest on the Refunding Bonds from the dated date thereof to the date of issuance thereof, and (ii) costs of issuance or other administrative costs incurred in connection with the issuance of the Refunding Bonds. Section 9. The Comptroller, as chief fiscal officer, is further authorized to take such actions and execute such documents as may be necessary to ensure the continued status of the interest on the Refunding Bonds, as excludable from gross income for federal income tax purposes pursuant to Section 103 of the Internal Revenue Code of 1986, as amended (the "Code ") and to designate the bonds authorized by this resolution as "qualified tax - exempt bonds" in accordance with Section 265(b)(3)(B)(i) of the Code. Section 10. In accordance with the provisions of Sections 53.00 and 90.10(h) of the Local Finance Law, the Common Council of the City hereby elects to call in and redeem on February 1, 2014, all Prior Bonds maturing after such date. The stun to be paid therefor on such redemption date shall be the par value of the Refunded Bonds being redeemed on such date plus the redemption premium, if any, and the accrued interest thereon to such redemption date. The Escrow Holder is hereby authorized and directed to cause notice of such call for redemption to be given in the name of the City in the manner and within the time provided in the Refunded Bonds being redeemed or in the certificates or documentation of the City pursuant to which they were issued. Upon the issuance of the Refunding Bonds, the election to call in and redeem the Refunded Bonds that are subject to redemption at the option of the City and the direction to cause notice thereof to be given as provided in this paragraph shall become irrevocable, provided that this paragraph may be amended from time to time as may be necessary in order to comply with the publication requirements of Section 53.00(a) of the Local Finance Law, or any successor law thereto. Section 11. The Comptroller is further authorized to enter into a continuing disclosure agreement with the initial purchaser of the Refunding Bonds authorized by this resolution, if required, containing provisions which are satisfactory to such purchaser in compliance with the provisions of Rule 15c2 -12, promulgated by the Securities and Exchange Commission pursuant to the Securities Exchange Act of 1934. Section 12. The Refunding Bonds shall be sold either at public sale to the lowest bidder or at private sale to an underwriter to be selected by the Comptroller as the Comptroller shall determine to be in the best interest of the City (the "Underwriter ") for a purchase price to be determined by the Comptroller, plus accrued interest from the date of the Refunding Bonds to the date of the delivery of and payment for the Refunding Bonds. In the event the Refunding Bonds are sold at private sale, such private sale shall be subject to the approval of the terms and conditions of such private sale by the State Comptroller as required by subdivision 2 of paragraph £ of Section 90.10 of the Local Finance Law. The Comptroller, in the event the Refunding Bonds are sold at private sale, is hereby authorized to executed and deliver a purchase contract for the Refunding Bonds in the name and on behalf of the City providing the terms and conditions for the sale and delivery of the Refunding Bonds to the Underwriter. After the Refunding Bonds have been duly executed, they shall be delivered by the Comptroller to the Underwriter in accordance with said purchase contract or competitive sale upon the receipt by the City of said purchase price, including accrued interest. Section 13. The Comptroller and all other officers, employees and agents of the City are hereby authorized and directed for and on behalf of the City to execute and deliver all certificates and other documents, perform all acts and do all things required or Contemplated to be executed, performed or done by this resolution or any document or agreement approved hereby. Section 14. The validity of the Refunding Bonds may be contested only if: (a) Such obligations are authorized for an object or purpose for which said City is not authorized to expend money; or (b) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication; or (c) Such obligations are authorized in violation of the provisions of the Constitution. Section 15. Upon this resolution taking effect, the City Clerk is hereby authorized and directed to publish the same, or a summary thereof, together with a notice in substantially the form set forth in Section 81.00 of the Local Finance Law. Section 16. This resolution shall take effect immediately upon its adoption. Introduced: PASSED AYES -9 NOES -0 NO. 145 BY MR: SCANLON TRANSFER IN FUNDS That, Pursuant to §20 -12 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the appropriation in be transferred and reappropriated as set forth below: From: 10700096- 397000 Unreserved Fund Balance $4,100.00 To 17221008 - 480205 Prior Year Claims $4,100.00 PASSED AYES -9 NOES -0 NO. 146 BY: DEMONE A. SMITH, MAJORITY LEADER & MASTEN DISTRICT COUNCILMEMBER CO- SPONSORS: MR. FONTANA, MR. GOLOMBEK, MR. PRIDGEN, MRS. RUSSELL, MR. SCANLON BUFFALO EMPLOYMENT & TRAINING CENTER DATE: MARCH 19, 2013 Whereas: The Buffalo Employment and Training Center (BETC) brings together a variety of workforce development organizations and partner agencies with a primary goal of assisting residents in Buffalo and Erie County to gain employment and assist employers in finding qualified workers; and Whereas 8ETC is open to anyone seeking employment its primary purpose is to conveniently bring employment, training and other workforce services to residents and employers in a one -stop environment; and Whereas State unemployment numbers for January 2013 show a rise in unemployment to a 20 year high of 9.6 %, the Buffalo Employment & Training Center is increasingly important in order to meet the needs of both City of Buffalo and Erie County residents; and Whereas The Buffalo Employment and Training Center officer a myriad of services to assist the unemployed, downsized or outsourced with opportunities to re -tool and retrain and re- introduced themselves to the workforce in a way that provides them long term sustainability and adaptability for success; and Whereas The Buffalo Employment and Training Center provides exceptional services to youth 16 -21 with over 30 plus partners including New York State Department of Labor, Erie County Department of Social Services, Erie Community College, Buffalo Urban League, with Off -Site Partners Buffalo Municipal Housing Authority, Community Action Organization, Everywoman Opportunity Center, Native American Community Services, Title II Adult Education Providers; and Now Therefore Be It Resolved; That the City of Buffalo Common Council fully supports the efforts of the Buffalo Employment & Training Center as it pertains to assisting City residents in finding employment or re- employment and further request (BETC) to develop a Career Path Program that will assist Buffalo Public School students in finding their career path to become successful citizens in their chosen field of interest; and Now Therefore Be It Further Resolved; That this resolution be forwarded to City of Buffalo Mayor Byron W. Brown, Law Department, Human Resources, Buffalo Board of Education, Community Action Organization, Buffalo Urban League, SAY Yes Buffalo. ADOPTED NO. 147 SPONSORS: COUNCILMEMBERS SMITH, LOCURTO CO- SPONSORS: COUNCILMEMBERS FONTANA, RIVERA RE: HOME RULE MESSAGE -NYS SENATE BILL S.870, ASSEMBLY BILL A.3702, "AN ACT TO AMEND THE VEHICLE AND TRAFFIC LAW, THE GENERAL MUNICIPAL LAW, IN RELATION TO AUTHORIZING CERTAIN CITIES TO ADJUDICATE TRAFFIC VIOLATIONS." Whereas, Bill S.870 and Bill A.3702 has been introduced into the New York State Senate and New York State Assembly, respectively; and Whereas, Bill A. 3702 is currently sponsored by Assemblywoman Crystal People- Stokes and Co- Sponsored by Assemblyman Sean Ryan and Assemblyman Dennis Gabryszak, and Bill S.870 is sponsored by Senator Mark Grisanti; and Whereas, these bills would allow the City of Buffalo to adjudicate traffic infractions, which are presently adjudicated by the New York Department of Motor Vehicles; and Whereas, Such authorization would have a positive benefit to the people of the City of Buffalo by permitting all traffic related violations to be adjudicated in a single, convenient location; and Whereas, Such authorization would place the City of Buffalo on equal footing with other cities and towns in New York State with respect to the adjudication of traffic infractions; and Whereas, The City of Buffalo does not have the power to enact such legislation on its own by local law; and Whereas, The City of Buffalo Common Council, on June 22 2010 and again on March 22" 2011, adopted a Home Rule Message in support of virtually identical legislation which was before the NYS Senate and Assembly, and were both passed in the Senate but not the Assembly; and, Whereas, Bill S.870 has recently been referred to the Senate Finance Committee as of February 28 2012 and the Assembly's Transportation Committee as of January 28 2013, with no vote yet held on the matter; and, NOW THEREFORE BE IT RESOLVED: That, pursuant to Article IX of the New York State Constitution, the City of Buffalo requests the enactment of New York State Senate and Assembly Bills S.70 and A.3702, entitled "AN ACT to amend the vehicle and traffic law, in relation to directing the City of Buffalo to adjudicate traffic infractions," and BE IT FURTHER RESOLVED: That is hereby decaled that a necessity exists for the enactment of such legislation, and that the facts establishing such necessity are that the City of Buffalo does not have the power to enact such legislation by local law and that such legislation would significantly and positively impact the City of Buffalo and its residents; and BE IT FINALLY RESOLVED THAT: That the City Clerk is hereby directed to send one (1) copy of this resolution to the following parties: Senator Mark Grisanti, Assemblywoman Crystal People- Stokes, Assemblyman Sean Ryan, Assemblyman Dennis Gabryszak, the rest of the Western New York Delegation, and one (1) copy to each member of the NYS Assembly Transportation Committee, each member of the NYS Senate Finance Committee, Speaker Sheldon Silver, and Senate Majority Leader Dean Skelos. ADOPTED NO. 148 SPONSORS COUNCIL MEMBERS SMITH AND GOLOMBEK SECURITY CAMERAS IN TAXIS MARCH 19, 2013 Whereas Taxi drivers provide a much needed service within the City by assuring safe transport of passengers from one point to another; and A recent tragedy in the City has highlighted the risks that threaten taxi drivers on a daily basis; and Whereas a recent tragedy in the City has highlighted the risks that threaten taxi drivers on a daily basis; and Whereas Taxi drivers are subjected to all types of negative behaviors including those which endanger their lives as well as threaten their livelihood; and Whereas according to the National Institute for Occupational Safety and Health(NIOSH),Taxi drivers are 60 times more likely to be murdered while on the job; and Whereas NIOSH suggested in -car surveillance cameras as a safety measure that would aid in apprehending perpetrators of crimes against taxi drivers; and Whereas improving safety for drivers requires a multifaceted approach to be taken by drivers, taxi owners, law enforcement agencies, and regulatory officials Now Therefore Be It Resolved: That the Common Council of the City of Buffalo does hereby request the Taxi Cab and Livery Sub Committee investigate the feasibility of installing in -car surveillance cameras in taxi cabs. Be It Further Resolved: That a copy of this resolution be forwarded to members of the Taxi Cab and Livery Sub Committee. ADOPT RESOLVES REFER THE REMAINDER TO THE COMMITTEE ON LEGISLATION NO. 149 SPONSOR: DEMONE SMITH RE: WAIVE PARK RENTAL AND EVENT FEES ASSOCIATED FOR VARIOUS EVENTS WHEREAS: Chapter 175 of the Code of the City of Buffalo establishes a schedule of fees that are to be charged with respect to licenses, permits, and activities required or regulated under the provisions of various chapters of the Code; and Whereas The 8 Annual School #87 Reunion will be held Saturday, June 22, 2013; and Whereas Buffalo Caribbean Islands Caribana will be held August 16, 17, & 18; and Whereas The 4h Annual "Walk for Hope" will be held Saturday, August 24, 2013; and Whereas Buffalo Funkfest will be held Saturday, August 24, 2013; and Whereas Praise, Prayer and Worship at MLK will be held Saturday, August 31, 2013; and NOW, THEREFORE, BE IT RESOLVED: The Common Council of the City of Buffalo waives the Park Rental and Event Fees for the 8th Annual School #87 Reunion, Buffalo Caribbean Islands Caribana, 4h Annual Walk For Hope, Buffalo Funkfest, and Praise Prayer and Worship at MLK, BEITFURTHER RESOLVED: That the City Clerk forward a copy of this resolution to the Commissioner of the Department of Public Works, Parks and Streets. PASSED AYES -9 NOES -0 NO. 150 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. Stacy Baumgart Total: 1 ADOPTED NO. 151 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, March 26, 2013 at 9:45 o'clock A.M. Committee on Finance following Civil Service Tuesday, March 26, 2013 at 10:00 o'clock A.M. Committee on Comm. Dev. Tuesday, March 26, 2013 at 1:00 o'clock P.M. Committee on Legislation Tuesday, March 26, 2013 at 2:00 o'clock P.M Special Committees Committee on Claims Wednesday, March 27, 2013 at 11:00 o'clock AM (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 respectively. Chairmen. we can only make notification of what we are made aware. NO. 152 ADJOURNMENT On a motion by Mr. Smith, Seconded by Mrs. Russell, the Council adjourned at 2:50 pm GERALD A. CHWALINSKI CITY CLERK