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Home My WebLink About13-0430 (2)NO. 9 PROCEEDINGS OF THE CITY OF BUFFALO APRIL 30, 2013 MAYOR Hon. Byron W. Brown COMPTROLLER Mark J. F. Schroeder COMMON COUNCIL PRESIDENT OF THE COUNCIL LOVEJOY DISTRICT RICHARD A. FONTANA PRESIDENT PRO TEMPORE UNIVERSITY DISTRICT BONNIE E. RUSSELL MAJORITY LEADER MASTEN DISTRICT DEMONE A. SMITH DISTRICT COUNCIL MEMBERS DAVID A FRANCZYK - FILLMORE JOSEPH GOLOMBEK JR. — NORTH CHRISTOPHER P. SCANLON -SOUTH MICHAEL J. LO CURTO — DELAWARE DARIUS PRIDGEN - ELLICOTT DAVID A. RIVERA- NIAGARA REGULAR COMMITTEES CIVIL SERVICE COMMITTEE: Bonnie E. Russell Chairman, David A. Franczyk, Christopher P. Scanlon, Demone A. Smith- Members CLAIMS COMMITTEE: David A. Rivera Chairman, Joseph Golombek, Jr., Michael J. LoCurto, Bonnie E. Russell - Members COMMUNITY DEVELOPMENT COMMITTEE: Joseph Golombek, Jr., Michael J. LoCurto, Darius G. Pridgen, David A. Rivera, Bonnie E. Russell - Members FINANCE COMMITTEE: Christopher P. Scanlon, Chairman, Michael J. LoCurto, Darius G. Pridgen, Bonnie E. Russell, Demone A. Smith - Members. LEGISLATION COMMITTEE: Darius G. Pridgen, Chairman, David A. Franczyk, Joseph Golombek, Jr., David A. Rivera, Demone A. Smith, - Members. RULES COMMITTEE: Richard A. Fontana, Chairman, Bonnie E. Russell, Demone A. Smith - Members SPECIAL COMMITTEES BUDGET COMMITTEE: Demone A. Smith, Chairman, Joseph Golombek, Jr., Christopher P. Scanlon, Darius G. Pridgen, David A. Rivera - Members EDUCATION COMMITTEE: Demone Smith, Chairman, Joseph Golombek, Jr., Christopher P. Scanlon, Darius Pridgen - Members MINORITY BUSINESS ENTERPRISE COMMITTEE: Demone Smith Chairman, Joseph Golombek Jr., David A. Rivera, Bonnie E. Russell — Members POLICE OVERSIGHT: Joseph Golombek, Jr., Chairman, David A Franczyk, David A. Rivera, Bonnie E. Russell — Members PUBLIC TRANSPORTATION: Chairman, Christopher P. Scanlon, Michael J. LoCurto, David A. Rivera, Bonnie E. Russell- Members WATERFRONT DEVELOPMENT COMMITTEE: Chairman, Christopher P. Scanlon, David A. Franczyk, Joseph Golombek, Jr., Demone A. Smith - Members INVOCATION PLEDGE TO FLAG DATE April 30, 2013 R &F FINAL Post - Issuance Compliance Procedures for Tax - Exempt Bonds MAYOR COUNCIL 1. Appointment -COB Board of Ethics(Harned) CS 2. Designation of Nominees- Reappointment Bd of Trustees Bflo & EC 16. Schedule of Budget Workshops Library(Alvarez- Perez, Maglietto - Smith) CS MAYOR - EXECUTIVE APP 3. Plan Bd -SEQR- Negative Declaration -58 Oberlin(Fill) R &F 4. Plan Bd -SEQR- Negative Declaration -140 Chandler(North) R &F 5. Strat Plan- Adjustment to BOA Contract of Camiros, Ltd APP 6. Strat Plan- Report of Sale -1769 Bailey(Lov) LEG 7. Strat Plan- Report of Sale -217 French(Fill) LEG 8. Strat Plan- Report of Sale -220 French, 222 French(Fill) LEG 9. Strat Plan- Report of Sale -63 Harvard Pl(Ell) APP 10. Strat Plan- Report of Sale -34 Kehr, 36 Kehr(Mas) APP 11. Strat Plan- Report of Sale -38 Swinburne(Fill) APP COMPTROLLER 12. Cert of Determination- Terms/Fornl /Details of Sale and Issuance of Bond Anticipation Note $17,819,168 R &F 13. Cert of Determination- Terms/Form/Details /of Sale and Issuance of Refunding POLICE 24. Drug Asset Forfeiture Wire Transfers($75,574.7 CORPORATION COUNSEL 25- 24A Modify Term of Lease Agmnt Btwn COB and NW Bflo Comm Ctr for R &F Serial Bonds $7,540,000.00 R &F 14. Post - Issuance Compliance Procedures for Tax - Exempt Bonds R &F COUNCIL PRESIDENT Food Store License New -970 Kensington(Mas) 15. Common Council Meeting and Budget Hearing Schedule COW 16. Schedule of Budget Workshops COW PUBLIC WORKS APP 17. Notification Serial -10646 & 10662 -10665 Waive 45 Days R &F 18. Change in Contract(Corrected) -City Building Facilities- Energy Update(Var)APP 29. 19. Change in Contract -Pool Reconstruction(Var) APP 20. Perm to Hire Consultant - Allendale Theater Masonry Reconst(Del) APP 21. Perm to Hire Consultant(Corrected) -City Court Women's Holding Area APP 22. Report of Bids - City -Wide Mill & Overlay APP 23. Report of Bids - Citywide Parks Improvements -Play Court Rehab APP POLICE 24. Drug Asset Forfeiture Wire Transfers($75,574.7 CORPORATION COUNSEL 25- 24A Modify Term of Lease Agmnt Btwn COB and NW Bflo Comm Ctr for R &F CITY CLERK 34- 33. List of Approved Chicken Licenses 35- 34. Board of Ethics Minutes- February 2013 R &F R &F 36- 35. Liquor License Applications R &F 155 Lawn Ave(North) APP PERMITS AND INSPECTIONS 26- 25. Food Store License New -970 Kensington(Mas) LEG 27- 26. Food Store License New -295 Main(Fill) LEG 28- 27. Food Store License New -931 Niagara(Nia) APP 29- 28. Food Store License New -955 Tonawanda(North) APP 30- 29. Food Store License New -881 William(aka 389 Fillmore(Fill) APP 31- 30. Used Car Dealer -164 W. Ferry(Nia) APP 32- 31. Appoint Clerk(Inter)(Lockwood) CS COMMUNITY SERVICES 33- 32. Acceptance of Agmt Btwn EC Probation and Div of Youth/Boys Council Program and Request Inter Cash Loan APP CITY CLERK 34- 33. List of Approved Chicken Licenses 35- 34. Board of Ethics Minutes- February 2013 R &F R &F 36- 35. Liquor License Applications R &F 37- 36. Notices of Appointment - Seasonal R &F 38- 37. Notices of Appointments- Temp/Prov/Perm CS MISCELLANEOUS 51- 50. M. DiMartile, Owner, Use 1516 Niagara to Re- Establish Use of A Sit -In 39- 38. Bflo Water Bd- Monthly Report -March 2013 R &F 40- 39. LP Ciminelli -Board Packet Documents -April 2013 ED 41- 40. J. Gage- Modified General Project Plan - Public Hearing CD 42- 41. K. Lee - Response Common Council's No Kill Resolution R &F 43- 42. L. Ross -Mill, Overlay and Streetscape Proj - Fillmore Ave, N. Parade & E. Ferry_MBEC 44- 43. M. Pietkiewicz -Bldg LIB -Comprehensive Physical Plan for Univ at Bflo R &F 45- 44. M. Pietkiewicz -UB's Concerns for McCarley Gardens R &F 46- 45. D. Smith- Buffalo's Path to Renewal CD 47- 46. P. Wolf- Creating an Open Government Advisory Board C PRES PFTTTTnNc Bflo Outer Harbor ADOPT 48- 47. D. Hall, Agent, Use 310 North St to Replace Facing of an Existing Ground Sign and Install New Wall Sign/Canopy(Ell)(hrg 5/7) LEG,CPBD 49- 48. K. Ammar, Owner, Use 220 Allen St to Re- Establish a Sit in Restaurant and Sidewalk Patio in the Allen St Special District(Fill)(hrg 5/7) LEG,CPBD 50- 49. M. Petrillo, Owner, Use 1368 Hertel to Convert a Bakery to a Restaurant in the Hertel Avenue Special District(hrg 5 /7)(Del) LEG,CPBD 51- 50. M. DiMartile, Owner, Use 1516 Niagara to Re- Establish Use of A Sit -In Restaurant in the Niagara River Canal Special Dist(hrg 5 /7)(Nia) _ LEG,CPBD 52- 51. M. Brant & 0- Support Landmark Designation of Trico Plant #1 R &F RESOLUTIONS 85- 52. Fontana Waiver of Fees Houghton Academy #69 End of School Picnic APP 86- 53. Fontana Waiver of Fees for 2013 Kaisertown Car Show APP 87- 54. Fontana Waiver of Fees for 2013 Kaisertown Polkas in the Park APP 88- 54AA. Fontana Council Member Russell Excused From Council Meeting ADOPT 89- 54A. Golombek Request to Rename Riverside Access Road LEG 90- 55. LoCurto Waive Permit Fees for Boston Marathon Solidarity Run/Del Park 91- 56. LoCurto Waiving Special Event Sanitation Pick -Up Fees APP 92- 56A. Pridgen Waive Permit Fee for Multiple Sclerosis Awareness Day APP 93- 56AAB Pridgen Disch Leg, CCP# 102,2/19 -Ord Amend Ch 316 Peddling & Soliciting Street Vending ADOPT D/C APP 94- 56AB Scanlon Ordinance Amendment- Section 309 -17- Animals and Vehicles Restricted to Certain Areas LEG 95- 56B. Scanlon Waive Park Rental and Event Fees for Lorraine Elementary Field Day at Cazenovia Park APP 96- 56C Smith Ordinance Amendment Ch 154 -Fair Employment Screening LEG 97- 57. Smith Permission to Hang Banners at 1184 Genesee St APP 98- 58. Smith, etc Support for GB SEC to Obtain 9 to 12 Month Land Option Bflo Outer Harbor ADOPT 99- 59. Smith Support Reducing Greenhouse Gas Pollution Under the Clean Air Act ADOPT 100- 60. Smith Comm of Deeds Public Duties ADOPT 101- 61. Smith Comm of Deeds ADOPT SUBMISSION LIST OF COMMITTEE ITEMS FOR THE COUNCIL MEETINGS CIVIL SERVICE Special District(hrg 4 /23)(Fill) APP 53- 1. Com 1 Apr 16 Appointment Appraisal Review Board(Ross)(Mayor) APP 54- 2. Com 2 Apr 16 Appointment Buffalo Preservation Board(Gilbert)(Mayor) APP 55- 3. Com 3 Apr 16 Appointment Buffalo Water Board(Finn)(Mayor) APP 56- 4. Com 34 Apr 16 Appoint Report Technician (Prov)(Inter)(Lorenzo)(Pol) APP 57- 5. Com 47 Apr 16 Notices of Appointments- Temp /Prow /Perm(Cty Clk) R &F 58- 6. No 44 Mar 5 T. Barrett- Concerns Staffing at Fire Scenes R &F 59- 7. No 42 Dec 11 M. LoCurto -A. McKinney- Testimony Re Living Wage R &F 60- 8. Res 86 Nov 13 Entitling Seasonal Sanitation Workers to Back Wages R &F COMMUNITY DEVELOPMENT (Pres Bd)( 41, 4/3) 61- 9. Com 10 Apr 16 CDBG Program Funding/HOME Program Funding/ 817 Washington(hrg3 /27)(Pres Bd) HOPWA/ESG(Strat Plan) APP 62- 10. Com 11 Apr 16 Report of Sale -430 Berkshire(Univ)(Strat Plan) APP 63- 11. Com 12 Apr 16 Report of Sale -420 Busti(Ell)(Strat Plan) APP 64- 12. Com 13 Apr 16 Report of Sale -310 Cornwall(Mas)(Strat Plan) RECOMMIT 65- 13. Com 14 Apr 16 Report of Sale -291 Wohlers(Ell)(Strat Plan) APP 66- 14. No 63 Apr 16 Report of Sale -79 Keystone(Lov)(Strat Plan)( 47,3/19)(475,4/2) APP 67- 15. No 64 Apr 16 Report of Sale -206 Winslow(Mas)(Strat Plan)( 4 14,3/19)( 479.4 /2) RECOMMIT LEGISLATION 68- 16. No 55 Apr 16 J. Mahiques, Owner, Use 197 Allen -To Reestablish a Restaurant in the Allentown Special District(hrg 4 /23)(Fill) APP 69- 17. No 56 Apr 16 P. Tsouflides, Owner, Use 708 Elmwood to Enclose Portion Along Side of Building for Additional Kitchen Space and Cooler(hrg 4/23)(Del) APP 70- 18. No 57 Apr 16 A. Kondola, Owner, Use 802 Elmwood for Use of a Restaurant in the Elmwood District(Del)(hrg 4/23) APP 71- 19. Com 37 Apr 16 Used Car Dealer -356 Hopkins(South)(EDPI) APP 72- 20. Res 112Apr 16 Ordinance Amendment- Chapter 316 -55 Mobile Food Vendors(Golombek)_APP 73- 21. No 89 Apr 16 Food Store License(New) 1727 South Park (South)(EDPI)( 443,4/2) APP 74- 22. No 103 Apr 16 Food Store(New) 1096 Kensington(Masten)(EDPI)( 423.3 /6) RECOMMIT 75- 23. Com 5 Mar 19 Application for Landmark Site - Trico Plant No 1 -791 Washington (Pres Bd)(Ell)(hrg 3/26) LOST 76- 24. No 94 May 1 Application for Landmark Design -791 Washington aka 817 Washington(hrg 4/24) (Pres Bd)( 41, 4/3) R &F 77- 25. Com 1 Mar 20 Application for Landmark Design -791 Washington aka 817 Washington(hrg3 /27)(Pres Bd) R &F 78- 26. Res 106 Mar 20 Opposing the Demolition of the Trico Plant No 1 Building R &F 79- 27. No 57 May 15 T. Tielman & O- Support for Trico Landmark R &F 80- 28. No 58 Mar 19 J. Golombek -F. Rzemek -Info Food Trucks /Mobile Kitchens R &F 81- 29. Res 134 Mar 19 Request Rename Portion of Letchworth St(North)(exc 2nd res) (Golombek)(hrg 4/30) APP 82- 30. No 83 Mar 19 S. Femmessy, Agent, Use 73 Leslie to Convert a Warehouse to a Human Service Facility(Fill)(no pub hrg) APP 83- 31. Res 118 July 24 Recycling Refrigerator Regulation(exc res)(Fontana) R &F 84- 32. No 77 Nov 13 Food Store License(new) 271 Ludington(Lov)(EDPI) ( 437,7/24)( 4133,9/4) APP W /COND CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO TUESDAY, APRIL 30, 2013 AT 2:00 P.M. Present — Richard A. Fontana, President of the Council, and Councilmembers: Franczyk, Golombek Jr., LoCurto, Pridgen, Rivera, Scanlon, Smith— 8 Absent — Russell - 1 On a motion by Mr. Smith, Seconded by Mr. LoCurto, the minutes of the stated meeting held on April 2, 2013 were approved FROM THE MAYOR NO. 1 APPOINTMENT -COB BOARD OF ETHICS(HARNED) Pursuant to Section 12 -19 of the City of Buffalo Code of Ethics, I hereby reappoint Douglas R. Coppola, Esq. and James L. Magavern to serve as members of the City of Buffalo Board of Ethics Board and appoint Elizabeth Brooke Harned, Esq., 64 Inwood Place, Buffalo, New York, 14209, to serve as a member of the City of Buffalo Board of Ethics Board. Elizabeth Brooke Harned serves as the Director of Community Engagement for Planned Parenthood of Western New York and also serves as an Adjunct Instructor for Interdisciplinary Degree Programs at the State University of New York at Buffalo. I hereby certify that the above designees are fully qualified to serve as members of the Board of Ethics Board. REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 2 DESIGNATION OF NOM INEES- REAPPPOINTMENT BD OF TRUSTEES BFLO & EC LIBRARY (ALVAREZ- PEREZ, MAGLIETTO- SMITH) Pursuant to Section 6212 of the Unconsolidated Laws, being Chapter 768, Section 2 of the Laws of 1953, transmitted herewith are my designated nominees to the Board of Trustees of the Buffalo and Erie County Public Library. The County Executive, subject to confirmation by the County Legislature, will appoint one nominee for a 5 year term. Amy Alvarez- Perez, MD, 957 Delaware Avenue, Buffalo, New York, 14209 Dr. Amy Alvarez Perez is a physician in Hospice and Palliative Care Medicine at Roswell Park Cancer Institute and a dedicated community member serving on the Darwin Martin House Beautification Committee. She joined the Library as a trustee on October 29, 2010 and currently is a member of the Executive Committee, Development and Advocacy Committee, as well as the Special Collections Committee. She has also served on the following Committees: Budget & Finance -2011; Buffalo Library Services- 2011. Jessica Maglietto- Smith, 480 Woodward, Buffalo, New York, 14214 Bernadette Taylor, 143 Walnut, Buffalo, New York, 14204 1 hereby certify that the above designees are fully qualified to serve as members of the Board of Trustees of the Buffalo and Erie County Library. REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE CITY PLANNING BOARD NO. 3 PLAN BD -SEQR- NEGATIVE DECLARATION -58 OBERLIN(FILL) SEQRA Notice of Determination Non Significance Negative Declaration This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (BEQR - State Environmental Quality Review) of the Environmental Conservation Law. Lead Agency: City of Buffalo Planning Board Room 901, City Hall 65 Niagara Square Buffalo New York 14202 As per the provisions of SBQR the Lead Agency has reviewed the following action as it relates to the environment: Action Title Hope Garden Apartments (Homeless Women's Shelter) Location: 58 Oberlin Avenue, Buffalo New York Type of Action: Coordinated - Unlisted Description: L A Hauer- La Duca Architect P.C. Architecture & Design is proposing on behalf of Matt Urban Community Center the construction of an apartment complex for chronically homeless women located at 58 Oberlin Street, Buffalo New York. The building along with its site elements are configured to provide a secure, therapeutic, healing environment in which to live. There are 20 single units, permanent residency apartments. The site includes an area that is delineated by a masonry wall that serves as an extension of the residence allowing for a secure outdoor space. There is a covered porch and a small bench niches that would allow a person to sleep outdoors if desired and not fear being attacked. This amenity is the heart of the building as it will provide a safe, secure outdoor environment for the women should they desire to continue to sleep outdoors. This is expected in that it may take some lime before some women may feel comfortable living indoors. The goal of the program is to allow the residents to heal naturally and regain trust to be with others. This courtyard is an essential part of the healing process. Additionally the courtyard provides an area for a garden for them to take care of and cultivate as well as areas for group and individual activities. The building mass is an L shaped two story structure with a rear porch that leads into the secure courtyard. The plan offers single studio type apartments for privacy along with family type group shared paces for living such as the kitchen, living and dining rooms. The spaces are shared, but there is still an individual apartment that provides solitude if desired. The apartments are equipped with a kitchenette for snacks and drinks. There is not cooking equipment. The building is situated on 1.25 acres that was formerly fifteen single residential lots with seven lots on Oberlin backed up by eight lots on Ruhland Street. The green space comprises 31,000 square feet and is about 59 percent of the area. Fourteen parking spaces are provided for staff and guests. The gross area of the building is 21,160 sq. if, Of which 10,728 sq. ft. comprises the first floor, The facilities Human resource Offices are located on the first floor in the central core and are 9 percent of the total building area. The remaining building area is comprised of twenty individual apartments, shared kitchen, dining and community areas and support rooms. The building is a two -story wood frame, gabled roof structure built on a concrete slab. The exterior is brick and stone masonry at the first floor level and clapboard and shake siding on the second level. The windows are aluminum clad wood frame double hung type. The building systems will utilize high efficiency furnaces and lighting. The lighting will have sensors and timers to reduce energy usage. The plumbing fixtures will be low water usage types. The building Will be air conditioned and overall meet or exceed the NYS Energy Code with highly insulated walls, slab and ceilings. The building will be equipped with sprinklers, smoke and fire detection systems and carbon dioxide detectors. AS a result of this Environmental Review, the Lead Agency has determined the undertaking of This action will not have a significant adverse affect on the quality of the environment, No further environmental review of this action will be conducted prior to project implementation and a Draft Environmental Impact Statement will not be prepared. Reasons Supporting This Determination: The fasts and reasons for this decision are as follows: the new building will help bring stability to an area that slow y but steadily been building growth through the efforts of the bus ness and community leaders as well as providing a permanent home and counseling to homeless women. The Identified potential negative impacts appear to be primarily short -term site preparation and construction related activities, and do not appear to be significant in magnitude or effect. There are no actions related to the construction of this project which will have a significant adverse impact on the environment. For further information relative to this Negative Declaration, contact Mr. Martin Grunzweig, Land Use Controls Coordinator, Room 901 City Hall, Buffalo New York 14202 - 716 851 -8085 Dated: November 20, 2012 RECEIVED AND FILED NO.4 PLANT BD -SEQR- NEGATIVE DECLARATION -140 CHANDLER(NORTH) SEQRA Notice of Determination Non Significance Negative Declaration This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (SEAR - State Environmental Quality Review of the Environmental Conservation Law Lead Agency: City of Buffalo Planning Board Room 901 City Hal 65 Niagara Square Buffalo New York 14202 As per the provisions of SEQR, the Lead Agency has reviewed the following action as it relates to the environment Action Title Niagara Lubricant Company Inc. Location 140 Chandler Street, Buffalo 14207 Type of Action: Coordinated - Unlisted Description: Robert Gill on behalf of Niagara Lubricant Company inc. is proposing the Construction of a new building located at 140 Chandler Street Buffalo New York The Niagara Lubricant Company main facility located in the City of Buffalo's Grant Amherst Community was Burned beyond repair during me summer of 2011 As a result of that fire the building had to be demolished,. In cooperation and supervision of the Environmental Protection Agency (EPA) and the New York State Department of Environmental Conservation (DEC) a one million dollar cleanup of the site took place and It has been officially approved and signed off as a fully completed remediation. With the goal of ensuring the safety of the surrounding Grant Amherst Community residents and Businesses including Niagara Lubricants Company, a new state of the art building complex will occupy the site of the former structure as well as adjacent acreage. A community meeting was held and the entire project was explained to the residents in attendance as well as articles published in the local neighborhood newspaper describing the project. The project team has worked closely with independent chemical engineers and the Buffalo Fire Prevention Office. The meetings were to assure that the new building meets the most up to date structural Safety and fire protection systems as well as meeting all fire protection codes, local, state and federal requirements. As a result of the above collaborations, a new security system, sprinkler system and control room systems w minimize any future potential fire or safety risks. The new structure will enclose the remaining two functioning structures on the current Chandlers Street site and be combined total of approximately 55,000 (fifty five thousand) square feet. The estimated cost for this project is approximately 4 million dollars (four million) with a number of new jobs being created. The purchase of the adjacent will allow Niagara Lubricants to add additional landscaping and will decrease the potential for illegal dumping that occasionally takes place. The new building will also allow for their many employees to patronize the many small businesses located in the immediate area. A summary of the conclusions regarding this project include a minimum of four (4) control areas are required to be located within the facility separated by a minimum of one (1) hour fire barriers. The building will be equipped throughout with an NFPA 13 automatic fire suppression sprinkler system for hydraulic characteristics associated with flammable combustible liquids. Listed storage cabinets and configurations will be utilized for the storage of drummed toted bagged materials. These cabinets will be mechanically ventilated to the exterior of the building and will be provided with spill sumps, sump leak detection and fire suppression systems. An automatic fire alarm detection system will be installed in the building. This system will notify occupants in the event of a fire emergency when the sprinkler system activates, when storage locker /cabinets alarm activates and when a pull station is manually activated. The system would be connected to a third party monitoring agency via telephone lines which would automatically notify the fire department. Manual Spill alarm pull stations will be installed and connected to the building fire alarm /detection system as supervisory alarms. These will be co- located with fire alarm and manual pull stations. Hazardous gas monitoring systems will be installed to cover material storage and the processing areas to detect flammable concentrations of gases at 20 percent of the lower explosive limit to insure a vapor release is detected long before it becomes a fire /explosion hazard. All building floor drains will be appropriately controlled or run through an oil -water separator. The interface between building walls /floors will be constructed as to create containment for liquids within the building. All electrical equipment in storage /processing areas will be a minimum of 18" AFF or rated As Class I, division 2. All electrical equipment located within storage lockers /cabinets will be rated as Class I, Division 2. All electrical equipment located within a three - dimensional five (5) foot radius around open systems utilizing flammable /combustible liquids shall be rated as Class I, Division 1. All storage /dispensing operations will be appropriately grounded /bonded in accordance with the National Electrical Code and the Flammable and Combustible Liquids Code. A back- up systems will be installed to provide power in the event of an emergency. Mechanical ventilation will be provided per the Mechanical Cede of New York State. Housekeeping policies /procedures and inventory procedures will be developed and enforced to ensure the proper storage and dispensing of materials at all times and to ensure that the maximum allowable quantities per control area are never exceeded. All tanks and piping systems for the conveyance of hazardous materials will be constructed in accordance with the Fire Code of New York State, Chapter twenty seven (27) general requirements. This includes limit level controls and all other equipment necessary to ensure the safe operation of the system. Also, ignition systems will be controlled, incompatible materials shall be stored separately from one another, appropriately sized portable fire extinguishers and employee training will be provide, Appropriate sized fire apparatus access roads will be provided around the entire facility and fire hydrants connected to the municipal water supply will be provide around the entire facility as well. As a result of this Environmental Review, the Lead Agency has determined the undertaking of this action will not have a significant adverse affect on the quality of the environment. No further environmental review of this action will be conducted prior to project implementation and a Draft Environmental Impact Statement will not be prepared. Reasons Supporting this Determination: The Niagara Lubricant Company Inc., is a fourth generation, family owned company in existence for over ninety years (90). The new building will allow for the employees to return to the neighborhood as well as provide a number of temporary construction jobs. It will also create new landscaping and other amenities that will enhance an area that has been unused for a number of years. The identified potential negative impacts appear to be primarily short -term site preparation and construction related activities, and do not appear to be significant in magnitude or effect. There are no actions related to the construction of this project which will have a significant adverse impact on the environment. For further information relative to this Negative Declaration, contact Mr. Martin Grunzweig, Land Use Controls Coordinator, Rom 901 City Hall, Buffalo New York 14020 — 716-851-5085 Dated April 23, 2013 RECEIVED AND FILED N06 STAT PLAN - ADJUSTMENT TO BOA CONTRACT OF CAMIROS, LTD Prior Council Reference: Item No. 00002, CCP 04/22/10 (contract approval) Item No. 00004, CCP 04/04/12 (contract adjustment) The purpose of this communication is to request permission to adjust the contract for consultant work under three New York State Department of State (DOS) Step 2 Brownfield Opportunity Area (BOA) grants: Buffalo Harbor, Buffalo River Corridor, and Tonawanda Street Corridor. The BOA program provides funding to analyze existing conditions, identify strategic sites, and develop plans for musing and revitalizing brownfields. The total project budget is $1,550,000. The BOA grant will cover $1,395,000, or 90 percent of this amount. The 10 percent match is being provided through $105,000 from the Buffalo Urban Renewal Agency, and $50,000 from the Erie Canal Harbor Development Corporation. The city publicly advertised for and received proposals to provide consultant services on the BOA project. After reviewing the proposals and conducting interviews, Camiros, Ltd was awarded a contract in the amount of $749,239 to provide assistance with land use, zoning, master planning, and SEAR. A previous contract amendment reduced the contract amount to $306, 146, by shifting much of the master planning work to another consultant on the BOA project team. OSP is now undertaking the required Environment this effort, additional services are required for EIS support and traffic analysis. The revised scope will increase project costs by $21,754, resulting in a total contract amount of $327,900 for Camiros, Ltd. I respectively request that your Honorable Body authorize the necessary adjustments, modifications, or amendments to the contract of Camiros, Ltd; and that your Honorable Body further authorize appropriate city personnel to take such actions and enter into such agreements and arrangements as are necessary to amend said contracts and to facilitate and implement the on -going objectives of this project. Mr. Smith moved: That the above item be, and the above communication from the Office of Strategic Planning dated April 24, 2013, be received and filed; and That the Common Council hereby authorizes the necessary adjustments, modifications or amendments for the consultant work under three New York State Department of State (DOS) Step 2 Brownfield Opportunity Area (BOA) grants for the Buffalo Harbor, Buffalo River Corridor and the Tonawanda Street Corridor which was awarded to Camiros, Ltd.; and further authorizes appropriate city personnel to take such actions and enter into such agreements and arrangements as are necessary to amend said contracts and to facilitate and implement the ongoing objectives of this project. PASSED AYES 8 NOES 0 NO. 6 STRAT PLAN - REPORT OF SALE -1769 BAILEY (LOV) Report of Sale 1769 Bailey, 35' S Scheu Park Lot Size: 35'x 120' Assessed Valuation: Land $4,000. Improvement $6,000.Total: $10,000 (Lovejoy District) The Office of Strategic Planning, Division of Real Estate has received a request from Ms. April L. Waters, 148 Dartmouth Avenue, Buffalo, New York 14215 to purchase 1769 Bailey Avenue. Ms. Waters will renovate the dwelling and use for a place of residence. She has estimated the cost of renovations to be Seven Thousand Dollars ($7,000) that has been reviewed by the Division of Real Estate. Ms. Waters has provided proof of financial ability to complete the purchase and repair the property. 1769 Bailey consists of 1,662 square feet, two and one half story frame, single family dwelling situated on a lot 35'x 120'. The property was acquired by the City through In Rem #40, in October 2006. A building permit will be required for the improvements to this property. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. The property was appraised by G.A.R. Associates, Inc. to estimate the fair market value of 1769 Bailey Avenue. The Fair Market Value was estimated to be One Thousand Five Hundred Dollars ($1,500). The City of Buffalo Appraisal Review Board reviewed the appraisal report and concurs with the appraiser's estimate of value. Ms. April L. Waters has agreed and is prepared to pay One Thousand Five Hundred Dollars ($1,500) for the subject property. She has also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 1769 Bailey Avenue to Ms. April k Waters for the amount of One Thousand Five Hundred Dollars ($1,500). 1 am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 7 STRAT PLAN - REPORT OF SALE -217 FRENCH(FILL) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Willie Lee Mackey, Jr., 257 Regency Circle, Moyock, North Carolina 27958 to purchase 217 French Street. Mr. Mackey owns a two family house at 213 and 219 French which are adjacent to 217 French . He intends to use the vacant lot for green space for the two properties. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. A market analysis performed by the Division of Real Estate showing similar sales in the area range from Thirty Five Cents ($.35) to Sixty Cents ($.60) per square foot. Mr. Mackey has agreed and is prepared to pay One Thousand Four Hundred Fifty Dollars ($1,450), Thirty Five Cents ($.35) per square foot for the subject property. He has also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 217 French Street to Mr. Willie Lee Mackey, Jr. in the amount of One Thousand Four Hundred Fifty Dollars ($1,450). 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 LEGISLATION NO. 8 STRAT PLAN - REPORT OF SALE -220 FRENCH, 222 FRENCH (FILL) Report of Sale 220 French, 411.98' E Kehr Lot Size: 28.50'x 138' Assessed Valuation: $1,000. 222 French, 440.48' E Kehr Lot Size: 34.50'x 138.62' Assessed Valuation: $1,200. (Fillmore District) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Willie Mackey, Jr., 257 Regency Circle, Moyock, North Carolina 27958 to purchase 220 and 222 French Street. Mr. Mackey owns a two family house at 218 French which is adjacent to 220 and 222 French. He intends to expand the yard and use for green space. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. A market analysis performed by the Division of Real Estate showing similar sales in the area range from Thirty Five Cents ($35) to Sixty Cents ($.60) per square foot. Mr. Mackey has agreed and is prepared to pay Three Thousand Fifty Dollars ($3,050), Thirty Five Cents ($.35) per square foot for the subject properties. He has also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 220 and 222 French Street to Mr. Willie Mackey, Jr. in the amount of Three Thousand Fifty Dollars ($3,050). 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 LEGISLATION NO. 9 STRAT PLAN - REPORT OF SALE -63 HARVARD PL(ELL) Report of Sale 63 Harvard Place, 507.18' N Balcom Lot Size: 36.74'x 170' Assessed Valuation: $4,000. The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Yi Wang and Ms. Sandra Rogers, 67 Harvard Place, Buffalo, New York 14209 to purchase 63 Harvard Place. Mr. Wang and Ms. Rogers own and reside at 67 Harvard Place which is adjacent to 63 Harvard. They intend to expand the yard and use for green space. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchasers. A market analysis performed by the Division of Real Estate showing similar sales in the area range from Fifty Cents ($.50) to Eighty Five Cents ($.85) per square foot. Mr. Wang and Ms. Rogers have agreed and are prepared to pay Four Thousand Five Hundred Dollars ($4,500), Seventy Two Cents ($72) per square foot 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 63 Harvard Place to Mr. Yi Yang and Ms. Sandra Rogers 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. Mr. Smith moved: That the above item be, and the above item from the Office of Strategic Planning, dated April 15,2013, be received and filed; That the offer from Mr. Yi Wang and Ms. Sandra Rogers of 67 Harvard Place, Buffalo, New York 14209, in the amount of Four Thousand Five Hundred Dollars ($4,500.00) for the purchase of 63 Harvard Place, be and hereby is accepted; mad 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 8 NOES 0 NO. 10 STRAT PLAN - REPORT OF SALE -34 KEHR, 36 KEHR(MAS) Report of Sale 34 Kehr, 291.26' N Genesee Lot Size: 30'x 85' Assessed Valuation: $900. 36 Kehr, 321.26' N Genesee Lot Size: 30'x 85' Assessed Valuation: $900. (Masten District) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Jerome W. Hangen, Sr., 28 Kehr Street, Buffalo, New York 14211 to purchase 34 and 36 Kehr Street. Mr. Hangen owns and resides at 28 Kehr which is adjacent to 34 and 36 Kehr. He intends to expand the yard and use for green space. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. A market analysis performed by the Division of Real Estate showing similar sales in the area range from Forty Cents ($.40) to Sixty Cents ($.60) per square foot. Mr. Hangen has agreed and is prepared to pay Two Thousand Two Hundred Ninety Five Dollars ($2,295), Forty Five Cents ($.45) per square foot for the subject properties. He has also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 34 and 36 Kehr Street to Mr. Jerome Hangen, Sr. in the amount of Two Thousand Two Hundred Ninety Five Dollars ($2,295). 1 am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. Mr. Smith moved: That the above item be, and the above item from the Office of Strategic Planning, dated April 15, 2013, be received and riled; That the offer from Mr. Jerome W. Hagen, Jr., of 28 Kehr Street, Buffalo, New York 14211, in the amount of Two Thousand Two Hundred and Ninety -five Dollars ($2,295.00) for the purchase of 34 Kehr and 36 Kehr, 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 8 NOES 0 NO. 11 STRAT PLAN - REPORT OF SALE -38 SWINBURNE(FILL) Report of Sale 38 Swinburne, 80' S Ashley Lot Size: 30'x 115' Assessed Valuation: $1,500. (Fillmore District) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Rodney L. McCrayer and Mrs. Annette M. McCrayer, 40 Swinburne Street, Buffalo, New York 14212 to purchase 38 Swinburne. Mr. and Mrs. McCrayer own and reside at 40 Swinburne which is adjacent to 38 Swinburne. They intend to expand the yard and use for green space. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchasers. A market analysis performed by the Division of Real Estate showing similar sales in the area range from Forty Two Cents ($.42) to Sixty Eight Cents ($.68) per square foot. Mr. and Mrs. McCrayer have agreed and are prepared to pay One Thousand Five Hundred Dollars ($1,500), Forty Three Cents ($.43) per square foot 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 38 Swinburne Street to Mr. Rodney McCrayer and Mrs. Annette McCrayer in the amount of One Thousand Five Hundred Dollars ($1,500). 1 am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. Mr. Smith moved: That the above item be, and the above item from the Office of Strategic Planning, dated April 15, 2013, be received and filed; That the offer from Mr. Rodney L. McCrayer and Mrs. Annette M. McCrayer, of 40 Swinburne Street, Buffalo, New York 14212, in the amount of One Thousand Five Hundred Dollars ($1,500.00) for the purchase of 38 Swinburne, 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 8 NOES 0 FROM THE COMPTROLLER NO. 12 CERT OF DETERMINATION - TERMS /FORM /DETAILS OF SALE AND ISSUANCE OF BOND ANTICIPATION NOTE $17,819,168 CERTIFICATE OF DETERMINATION BY THE COMPTROLLER DETERMINING THE TERMS, FORM AND DETAILS OF SALE AND ISSUANCE OF A $17,819,168 BOND ANTICIPATION NOTE -2013 OF THE CITY OF BUFFALO, NEW YORK AND PROVIDING FOR THE PUBLIC SALE THEREOF I, Mark J. F. Schroeder, Comptroller of the City of Buffalo (herein called the "City "), in the County of Erie, HEREBY CERTIFY AND REPORT that pursuant to the powers and duties delegated to me as the chief fiscal officer of the City, pursuant to Resolution No. 194, duly adopted on the 4th day of October, 1945, which resolution is in full force and effect and has not been modified, amended or revoked, and subject to the limitations prescribed in said resolution, I have made the following determinations: 1. Bond anticipation notes in the respective principal amounts as set forth in column B in the attached Appendix A, for each purpose as set forth in column A of such Appendix shall be issued pursuant to the bond resolutions duly adopted and amended by the Common Council on February 19, 2013 as set forth in column C of such Appendix. 2. All of said bond anticipation notes hereinabove referred to in Appendix A shall be combined for the purpose of sale into a single issue in the aggregate principal amount of $17,819,168, and shall be designated "BOND ANTICIPATION NOTE -2013 (hereinafter referred to as the "Note "). 3. The terms, form and details of said Notes shall be as follows: Amount and Title: $17,819,168 Bond Anticipation Note -2013 Dated: April 30, 2013 Matures: April 30, 2014 Numbers and Denominations: No. 1, at $14,819,168 Interest Rate Per annum: 1.00% The place of payment of principal and interest shall be at the Manufacturers and Traders Trust Company, One M &T Plaza, Buffalo, New York 14203, and the form of said Notes shall be substantially in accordance with the form prescribed by Schedule B,2 of the Local Finance Law, constituting Chapter 33 -a of the Consolidated Laws of the State of New York (the "Law "), provided that the Notes when issued will be (i) registered in the name of Cede & Co. as nominee of The Depository Trust Company, New York, New York ( "DTC ") and (ii) deposited with DTC to be held in trust until maturity. Purchases of ownership interests in the Notes will be in book -entry form in denominations of $5,000 or any integral multiple thereof. Beneficial owners of the Notes will not receive certificates representing their interests in the Notes. Unless the City determines otherwise, transfers or exchanges of ownership interests in the Notes may be accomplished via book -entry transactions only, as recorded through the book -entry system established and maintained by DTC or a successor depository. 4. Said Note is not issued in renewal of any note or notes. 5. The amount of bond anticipation notes originally issued in anticipation of the issuance of bonds authorized pursuant to the resolutions referred to in paragraph 1 hereof, including the Note, is $17,819,168. 6. The bonds authorized to be issued pursuant to the resolutions referred to in paragraph 1 hereof are for purposes which are non - assessable. 7. Pursuant to said powers and duties delegated to me, I DO HEREBY AWARD AND SELL said Note to TD Securities (USA) LLC, New York, New York, for the purchase price of $17,937,309.08, plus accrued interest, if any, from the date of said Note to the date of delivery thereof, and I FURTHER DETERMINE that said Note shall bear interest at the rate of one per centum (1.00 %) per annum, calculated on the basis of a 30 -day month and 360 -day year, payable at maturity. 8. Said Note shall be executed in the name of the City by the manual signature of the Comptroller and a facsimile of its corporate seal to be imprinted or otherwise reproduced thereon. 9. Said Note is being issued to provide financing for the purposes referenced in paragraph 1 hereof. I HEREBY FURTHER DETERMINE that at the time of the delivery of the Note, and as a condition to such delivery, I shall deliver or cause to be delivered to the financial institution referred to in paragraph 3 hereof a copy of the City's Undertaking to Provide Notices of Events, executed by the undersigned as Comptroller of the City, setting forth the City's written agreement for the benefit of holders of or owners of beneficial interests in the Note, all in conformity with applicable provisions of Rule 15c2 -12 of the Securities and Exchange Commission. I HEREBY FURTHER CERTIFY that the powers and duties delegated to me to issue and sell the Note hereinabove described and referred to are in full force and effect and have not been modified, amended or revoked. IN WITNESS WHEREOF, I have hereunto set my hand as of the 30th day of April, 2013. Mark J. F. Schroder Comptroller RECEIVED AND FILED NO. 13 CERT OF DETERMINATION - TERMS /FORM /DETAILS /OF SALE AND ISSUANCE OF REFUNDING SERIAL BONDS $7,540,000.00 Item No. 7 CERTIFICATE OF DETERMINATION BY THE COMPTROLLER RELATIVE TO THE TERMS, FORM AND DETAILS OF SALE AND ISSUANCE OF $7,540,000 REFUNDING SERIAL BONDS - 2013A (FEDERALLY TAXABLE) OF THE CITY OF BUFFALO, NEW YORK AND PROVIDING FOR THEIR PRIVATE SALE. I, Mark J. F. Schroeder, Comptroller of the City of Buffalo (herein called the "City "), in the County of Erie, HEREBY CERTIFY that pursuant to the powers and duties delegated to me as the chief fiscal officer of the City, pursuant to Resolution No. 194, duly adopted on the 4th day of October. 1945, and pursuant to Resolution No. 160, duly adopted on the 1 st day of November, 1994, and pursuant to the Refunding Bond Resolution duly adopted and as set forth in Section 1 hereof and subject to the limitations prescribed in said resolutions I have made the following determinations: 1. (a) Authorization, Principal Amount, Maturity Schedule and Designation. The $7,025,000 outstanding principal amount of Refunding School Serial Bonds - 2004 -A (Federally Taxable) issued on January 28. 2004 and maturing in each of the years 2014 -2025, inclusive (said outstanding bonds referred to hereinafter as the "Prior Bonds ") issued pursuant to a refunding bond resolution duly adopted by the Common Council of the City on December 9, 1997, and amended on February 3, 1998, to refinance certain outstanding bonds of the City, shall be refunded by the issuance of $7,540,000 Refunding Serial Bonds - 2013A (Federally Taxable) (the "Refunding Bonds" or the "Bonds "), authorized pursuant to the Refunding Bond Resolution duly adopted by the Common Council of said City on March 19, 2013 (the "Resolution "), entitled: "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." (b) The Bonds shall mature on February 1 in the aggregate principal amounts and bear interest in each of the years at set forth below: Interest Maturity Amount Rate 2014 $ 610,000 0.83% 2015 570,000 1.08 2016 575,000 1.28 2017 585,000 1.64 2018 595,000 1.94 2019 605,000 2.24 2020 620,000 2.54 2021 635,000 2.89 2022 655,000 3.14 2023 675,000 3.29 2024 695,000 3.44 2025 720,000 3.54 2. Present Value Savings. The present value savings to be realized through the refunding of the Prior Bonds is set forth in the final refunding financial plan attached hereto as Appendix A. 3. Issue Date. The Bonds shall be dated April 30, 2013. The date of each Bond shall appear on the face thereof following the caption "Date of Original Issue ", and each Bond shall bear interest from such date. 4. Interest Rate, and Dates and Medium of Payment. The Bonds shall bear interest from their date at the rates per annum set forth in Section 1 hereof, payable August 1, 2013 and semi - annually thereafter on February 1 and August 1 in each year until maturity, payable in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts. Interest thereon shall be paid by wire transfer or in clearinghouse funds on each interest payment date, payable to the person in whose name the Bond is registered at his address shown upon the books of the City kept for that purpose at the offices of Manufacturers and Traders Trust Company, Buffalo, New York as fiscal agent (the "Fiscal Agent'), as of the close of business on the fifteenth day of the month preceding each interest payment date. 5. Bonds Subject to Optional Redemption. The Bonds will not be subject to redemption prior to maturity. 6. Bond Insurance. Payment of principal of and interest on the Bonds maturing in each of the years 2020 through 2025, inclusive (the "Insured Bonds ") when due will be guaranteed under a Municipal Bond Insurance Policy to be issued concurrently with the delivery of the Insured Bonds by Build America Mutual Assurance Company ( "BAM "). The amount payable to BAM, as premium for the policy on the Bonds will be paid to BAM from the proceeds of the Bonds at the closing on April 30, 2013. 7. Denominations, Numbers and Letters. The Bonds maturing in each year shall be issued as fully registered bonds in denominations of $5,000 or any integral multiple thereof. The Bonds shall be lettered AR, and shall be numbered separately from one (1) consecutively upward in the order of their issuance. All of the Bonds shall be transferable and exchangeable as provided herein. 7. Book Entry System. The Bonds when issued shall be (i) registered in the name of Cede & Co., as nominee of The Depository Trust Company, New York, New York ( "DTC "), and (ii)deposited with DTC to be held in trust until maturity. Only one Bond certificate will be initially issued for each maturity in the aggregate principal amount of such maturity. DTC is an automated depository for securities and clearinghouse for securities transactions, and will be responsible for establishing and maintaining a book -entry system for recording the ownership interests of its participants, which include certain banks, trust companies and securities dealers, and the transfers of the interests among its participants. The DTC participants will be responsible for establishing and maintaining records with respect to the beneficial ownership interests of individual purchasers in the Bonds. Individual purchases of beneficial ownership interests in the Bonds may only be made through book entries (without certificates issued by the City) made on the books and records of DTC (or a successor depository) and its participants, in the denominations of $5,000 or integral multiples thereof. Beneficial owners of the Bonds will not receive certificates representing their interest in the Bonds. Principal of and interest on the Bonds will be payable by the City or its agent by wire transfer or in clearinghouse funds to DTC or its nominee as registered owner of the Bonds pursuant to the Blanket Letter of Representations dated August 15, 1995 between the City and DTC. Transfer of principal and interest payments to participants of DTC will be the responsibility of DTC; transfer of principal and interest payments to beneficial owners by participants of DTC will be the responsibility of such participants and other nominees of beneficial owners. The City will not be responsible or liable for payments by DTC to its participants or by DTC participants to beneficial owners or for maintaining, supervising or reviewing the records maintained by DTC, its participants or persons acting through such participants. 9. Discontinuance of Book Entry System. In the event that (a)DTC determines to discontinue providing its service with respect to the Bonds by giving notice to the City and discharging its responsibilities with respect thereto under applicable law, and the City fails to appoint a successor securities depository for the Bonds, or (b)the City determines to discontinue the system of book -entry transfers through DTC (or a successor securities depository), then bond certificates shall be delivered to the beneficial owners upon registration of the Bonds held in the beneficial owners name. After such registration the beneficial owners shall become the registered owners of the Bonds. In such event, the Comptroller of the City shall execute a Supplemental Certificate of Determination which will set forth the terms, form and details of issuance of such bond certificates. 10. Fiscal Agent. Manufacturers and Traders Trust Company, Buffalo, New York is hereby appointed as Fiscal Agent for the Bonds pursuant to, and to act in accordance with, applicable provisions of the Local Finance Law, constituting Chapter 33 -a of the Consolidated Laws of the State of New York. 11. Execution of Bonds. The Bonds shall be executed in the name of the City by the manual signature of the City Comptroller, and shall have the corporate seal of the City, or a facsimile thereof, affixed, imprinted, engraved or otherwise reproduced thereon. 12. Transfer of Bonds. Each Bond shall be transferable, only upon the books of the City, which shall be kept for such purpose at the office of the Fiscal Agent, by the registered owner thereof in person or by his attorney duly authorized in writing, upon surrender thereof together with a written instrument of transfer or exchange satisfactory to the Fiscal Agent duly executed by the registered owner or his duly authorized attorney. Upon transfer of any such Bond, the City shall issue in the name of the transferee or the registered owner a new Bond or Bonds of the same aggregate principal amount and maturity as the surrendered Bond. The Fiscal Agent may deem and treat the person in whose name any Bond shall be registered upon the books of the City as the absolute owner of such Bond, whether such Bond shall be overdue or not, for the purpose of receiving payment of, or on account of, the principal of and interest on such Bond and for all other purposes, and all such payments so made to any such registered owner or upon his order shall be valid and effectual to satisfy and discharge the liability upon such Bond to the extent of the sum or sums so paid, and neither the City nor the Fiscal Agent shall be affected by any notice to the contrary. 13. Regulations With Respect to the Exchanges and Transfers. In all cases in which the privilege of exchanging or transferring Bonds is exercised, the City shall execute and deliver Bonds in accordance with the provisions hereof. All Bonds surrendered in any such exchanges or transfers shall forthwith be cancelled by the Fiscal Agent. For every such exchange or transfer of bonds, the Fiscal Agent may make a charge sufficient to reimburse the City for any tax, fee or other governmental charge required to be paid with respect to such exchange or transfer, and may charge a sum sufficient to pay the cost of preparing each new bond issued upon such exchange or transfer, which sum or sums shall be paid by the person requesting such exchange or transfer as a condition precedent to the exercise of the privilege of making such exchange or transfer. The City shall not be obliged to make any such exchange or transfer of Bonds between the fifteenth day of the month preceding an interest payment date and such interest payment date. 14. Sale of Bonds. The Bonds are hereby sold at private sale to Roosevelt & Cross Incorporated, New York, New York, as Representative in the Bond Purchase Agreement dated April 9, 2013 between said Representative and the City, for the purchase price of $7,502,300 plus accrued interest, if any, from the date of the Bonds to the date of delivery of and payment for the Bonds (April 30, 2013). The aggregate initial offering price for the Bonds will be $7,540,000 plus said accrued interest. Pursuant to Section 90.10 of the Local Finance Law, constituting Chapter 33 -A of the Consolidated Laws for the State of New York, as amended, the terms and conditions of such sale are subject to the approval of the State Comptroller. Delivery of the Bonds to the purchasers thereof shall be effected on or about April 30, 2013, upon (i) receipt by the City of the purchase price of the Bonds, and (ii) deposit of the Bonds with DTC to be held in trust until maturity. 15. Form of Bonds. Said Bonds shall be in substantially the form set forth in Appendix B hereto. I HEREBY FURTHER CERTIFY that the powers and duties delegated to me to issue and sell the Bonds hereinabove described and referred to are in full force and effect and have not been modified, amended or revoked. IN WITNESS WHEREOF, I have hereunto set my hand as of this 9th day of April, 2013. Mark J. F. Schroeder Comptroller Copy available for review in the City Clerk's Office RECEIVED AND FILED NO. 14 POST - ISSUANCE COMPLIANCE PROCEDURES FOR TAX - EXEMPT BONDS In order to maintain their preferential tax status, tax - exempt bonds are subject to certain federal tax law requirements both upon issuance of the bonds and on an ongoing basis for the life of the bond issue. Though many requirements are tested at the closing of the bond issue, the ongoing nature of other post- issuance compliance concerns requires issuers to actively monitor compliance throughout the entire period the bonds remain outstanding. In 2007, the Internal Revenue Service (the "IRS ") sent questionnaires to over 200 governmental bond issuers to inquire about written post - issuance compliance procedures. In 2010 and 2011, the IRS revised its various 8038 Forms to require an issuer to answer whether it has established written procedures to ensure that all nonqualified bonds are remediated in accordance with the requirements of the Internal Revenue Code of 1986, as amended )the "Code ") and regulations promulgated thereunder (the "Regulations "). The revised forms also require an issuer to answer whether it has established written procedures to monitor the arbitrage requirements of Section 148 and private use under Section 141 of the Code. It is recognized that the IRS intends for issuers of tax - exempt bonds to take a more proactive role in monitoring compliance with the Code and Regulations after the issuance of the bonds. When the City of Buffalo (the "City ") issues tax - exempt or tax advantaged obligations (the "Bonds ") to finance and refinance various capital improvements, the City is responsible for ensuring that the Bonds maintain compliance with tax law requirements through the Bonds' maturity date. Bonds may include the following: 1. Governmental bonds 2. Qualified private activity bonds 3. Build America Bonds 4. Other qualified tax exempt or tax credit bonds In order to support the compliance initiatives described above, the Department of Audit and Control hereby adopts these procedures for monitoring compliance with the Code and Regulations. Copy available for review in the City Clerk's Office RECEIVED AND FILED FROM THE PRESIDENT OF THE COUNCIL NO. 15 COMMON COUNCIL MEETING AND BUDGET HEARING SCHEDULE NOTE: Dates and Times below subject to change WEDNESDAY MAY 1, 2013 TIME DESCRIPTION CHAIRPERSON LOCATION 2:00 pm Special Session (accept Budget) Mr. Fontana Chambers THURSDAY MAY 2, 2013 10:00 am Mayor and Executive Department Mr. Pridgen Chambers Office of the Mayor Office of Strategic Planning Zoning and Land Use Environmental Affairs Real Estate and In -Rem Properties Intergovernmental Relations NO. 16 SCHEDULE OF BUDGET WORKSHOPS Citizens Services 11:00 am Dept of Audit Control Mr. Scanlon Chambers Office of the Comptroller Audit Accounting Cash and Debt Management and Capital Debt Service Fund 11:45 am Common Council Mr. Fontana Chambers Offices of Council Members and Legislative Staff City Clerk Records Retention 2:00 pm Dept of Human Resources Ms. Russell Chambers Employee Relations Civil Service Compensation and Benefits Management Employment and Training 3:00 pm Dept of Law Mr. Rivera Chambers Administrative Adjudication FRIDAY MAY 3 2013 10:00 am Community Services & Recreation Mr. Smith Chambers Administration YDA DACC Substance Abuse Services Programs and Recreation for the Elderly and the Youth Commission of Citizen Rights and Community Relations Workforce Employment and Training 11:00 am Economic Development, Permits & Inspections Mr. LoCurto Chambers Housing and Enforcement Licenses and Permits 1:30 pm Dept of Fire Mr. Pridgen Chambers 2:30 pm Dept of Assessment and Taxation Mr. Franczyk Chambers MONDAY MAY 6 2013 10:00 am Management Information Systems Mr. LoCurto Chambers 11:00 am Public Works, Parks, Streets, & Water Mr. Golombek Chambers General Office Engineering, Design and Planning of Streets, Buildings, Planning and Design Telecommunications Streets, Lighting of Streets, Traffic Engineering, Snow Removal, Labor Pool and Bridges Animal Shelter and Control Parks and Recreation Sanitation and Enterprise Fund - Solid Waste, Refuse & Recycling Enterprise Fund - Water 1:30 pm Dept of Police Mr. Pridgen Chambers 2:30 pm Administration, Finance, Policy & Urban Affairs Mr. Rivera Chambers Budget and Management Services Urban Affairs Treasury and Collections Purchasing, Inventory & Stores, and Print Shop General City Expenses Enterprise Fund Parking Parking Mr. Rivera Chambers Towing and Storage, Parking Meters and Enforcement and Parking Violations Bureau THURSDAY MAY 9, 2013 5:00 pm Public Hearing on the Budget Mr. Fontana Chambers 6:00 pm Buffalo Board of Education Mr. Smith Chambers NOTE: Starting and ending times may change as directed by the Chair of the Common Council Budget Hearing. Departments are encouraged to advise the Common Council Legislative Staff office at 716- 851 -5105 of a department point of contact who will be notified of last minute scheduling changes. REFERRED TO THE COMMITTEE OF THE WHOLE NO. 16 SCHEDULE OF BUDGET WORKSHOPS Enclosed please find the Schedule of City of Buffalo Common Council Budget Workshops which are held in the Common Council Meeting Room (Room 1417 City Hall) during the period of May 8 through May 13, 2013. The schedule can also be found at the City of Buffalo home page at http: / /www.city- buffalo.com. The Council's Budget Workshops are the second phase of the Common Council's budget review process and every effort will be made to adhere to the schedule provided. We request the assistance of all attending by: • Notifying the Legislative Staff Office at 716- 851 -5105 of a Department point -of- contact who can be notified of last- minute scheduling changes; • Arriving promptly at the scheduled meeting time; Adhering to the rules of order as prescribed by the Council Chairperson; • Ensuring that Department representatives are knowledgeable of budgetary matters and prepared to address questions raised by those in attendance; • Assembling the documents and information listed by enclosure; • Departments filing the information required by enclosure with the Common Council Staff Office (Attn: Budget Committee) no less than twenty -four (24) hours PRIOR to the Department's budget hearing meeting time to comply with the Council Transparency initiatives. If you have any questions regarding the above, please call 851 -5105 Attn: Budget Committee Staff. WEDNESDAY MAY 8, 2013 9:00 am Dept of Mayor and Executive Mr. Smith Office of the Mayor Office of Strategic Planning Zoning and Land Use Environmental Affairs Real Estate and In -Rem Properties Intergovernmental Relations Citizens Services 10:30 am Dept of Audit Control Mr. Smith Office of the Comptroller Audit Accounting Cash and Debt Management and Capital Debt Service Fund 1:30 pm Dept of Assessment and Taxation Mr. Smith 2:30 pm Dept of Law Mr. Smith Administrative Adjudication 3:30 pm Common Council and City Clerk Mr. Smith THURSDAY MAY 9, 2013 9:00 am Public Works, Parks, Streets and Water General Office Engineering, Design and Planning of Streets Buildings, Planning and Design Telecommunications Recreation Streets, Lighting of Streets, Traffic Engineering, and Snow Removal, Labor Pool and Bridges Animal Shelter and Control Sanitation and Enterprise Fund - Solid Waste, Refuse & Recycling Enterprise Fund - Water 10:30 am Community Services & Mr. Smith Recreation Programming Administration YDA DACC Substance Abuse Services Programs and Recreation for the Elderly and the Youth Commission of Citizen Rights and Community Relations Workforce Employment and Training 1:30 pm Economic Dev, Permits & Inspections Mr. Smith Housing and Enforcement Licenses and Permits 2:30 pm Admin, Finance, Policy & Urban Affairs Mr. Smith Budget and Management Services Urban Affairs Treasury and Collections Purchasing, Inventory & Stores, and Print Shop General City Expenses Enterprise Fund Parking Parking Towing and Storage, Parking Meters and Enforcement and Parking Violations Bureau 3:30 pm Dept of Human Resources Mr. Smith Employee Relations Civil Service Compensation and Benefits Management Employment and Training FRIDAY MAY 10, 2013 9:00 am Dept of Police Mr. Smith 10:30 am Dept of Fire Mr. Smith 1:30 pm All City of Buffalo Union Representatives Mr. Smith Police Benevolent Association (Police) Local 650 (City -wide White Collar Unit) Local 282 (Fire) Local 264 and 264T (City -wide Blue Collar Unit) Local 2651 (Building Inspectors) Local 17 (Operating Engineers) Crossing Guards 2:30 pm Management Information Systems Mr. Smith NOTE: Starting and ending times may change as directed by the chair of the Common Council Budget Workshop. Departments are encouraged to advise the Common Council Legislative Staff office at 716- 851 -5105 of a department point of contact who will be notified of last minute scheduling changes. REFERRED TO THE COMMITTEE OF THE WHOLE FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO. 17 NOTIFICATION SERIAL -10646 & 10662 -10666 WAIVE 46 DAY Notification Serial # 10666 Install Metered Parking on Broadway, north side between Elm Street and Michigan Avenue (except No Standing and No Parking areas) (Ellicott District) METERED PARKING - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 25 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: METERED PARKING METERED PARKING LOCATION PERIOD OF METERED PARKING RATE OF METERED PARKING Broadway, north side 2 Hour Maximum Rate B between Elm Street 8 a.m. to 5 p.m. $.50 per hour and Michigan Avenue Monday to Friday (except No Standing and No Parking areas) This action is being taken in order to make meter pricing more consistent with adjacent land use. (see previous serial) Notification Serial #10664 Metered Parking - Repeal on Broadway, north side between Elm Street and Michigan Avenue (Ellicott District) METERED PARKING - REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body o f 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 3 Section 33 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: METERED PARKING METERED PARKING LOCATION PERIOD OF METERED PARKING RATE OF METERED PARKING Broadway, north side 10 Hour Maximum Rate D between Elm Street 8 a.m. to 5 p.m. $2 per day and Michigan Avenue Monday to Friday This action is being taken in order to make meter pricing more consistent with adjacent land use. (see next serial) Notification Serial #10663 Install Metered Parking on Broadway, both sides between Oak Street and Elm Street (except No Standing and No Parking areas) ( Ellicott District) METERED PARKING - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 25 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: METERED PARKING METERED PARKING LOCATION PERIOD OF METERED PARKING RATE OF METERED PARKING Broadway, both sides 10 Hour Maximum Rate D between Oak Street 7 a.m. to 5 p.m. $2 per day and Elm Street Monday - Friday (except No Standing and No Parking areas) This action is being taken in order to make meter pricing more consistent with adjacent land use. (see previous serial) Notification Serial #10662 Metered Parking — Repeal on Broadway, both sides Between Oak Street and Elm Street (Ellicott District) METERED PARKING - REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 3 Section 33 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: METERED PARKING METERED PARKING LOCATION PERIOD OF METERED PARKING RATE OF METERED PARKING Broadway, both sides 2 Hour Maximum Rate B between Oak Street 8 a.m. to 5 p.m. $.50 per day and Elm Street Monday - Friday This action is being taken in order to make meter pricing more consistent with adjacent land use. (see next serial) Notification Serial #10646 Install No Standing on Michigan Avenue, west side between Goodrich Street and Michigan Avenue (Ellicott 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 Michigan Avenue, west side At all times between Goodrich Street and East North Street This action is being taken to provide better visibility for vehicular traffic exiting the new parking ramp at this location. RECEIVED AND FILED- WAIVE 45 DAYS NO. 18 CHANGE IN CONTRACT - CORRECTED CITY BUILDINGS /FACILITIES RENEWABLE ENERGY & ENERGY UPDATES JOB #1037 VARIOUS DISTRICTS PRIOR COUNCIL REFERENCE:Item No. 20; CCP 2/19/13 1 hereby submit to Your Honorable Body the following change for City Buildings /Facilities, Renewable Energy & Energy Updates, David Homebuilders, C #93000662. 1. By contract, David Homes was required to leverage other federal and state Add $ 307,421.84 incentives and rebates to grow the City's Energy Efficiency and Conservations Block Grant (EECBG) Program and advance the City's goals. David Homes has successfully leveraged federal and state programs, and has applied and received incentives and rebates totaling $307,421.84. Per the requirements of the Department of Energy (DOE) financial accounting memo, these funds must be rolled back into the contract to provide additional renewable energy and energy upgrades to the City of Buffalo facilities. The foregoing changes results in a net increase in the contract of Thee Hundred Seven Thousand Four Hundred Twenty One and 84/100 Dollars ($307,421.84). Summary: Original Contract Amount $2,736,900.00 Change Order #1 Add $ 260,000.00 Amount of This Change Order ( #2) (SCADA & Other) Add $ 307,421.84 Revised Contract Amount $3,304,321.84 Costs have been reviewed by the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funding for this work is being changed to 20980007 - 474100 -10443 ($114,903.84) and 24490787 - 474100 -10443 ($192,518.00). 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 April 19, 2013, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to execute Change Order #2 in the amount of $307,421.84 (Original Contract Amount $2,736,900.00 + Change Order #1 $260,000.00 + Change Order #2 $307,421.84 for a Revised Contract Amount of $3,304,321.84) for City building /facilities, renewal energy and energy updates, to David Homebuilders, C #93000662. Funding being change to Account 20980007 - 474100 -10443 ($114,903.84) and 24490787 - 474100 -10443 ($192,518.00). PASSED AYES 8 NOES 0 NO. 19 CHANGE IN CONTRACT POOL RECONSTRUCTION 2013 POOL SPECIALTY WORK JOB #1291 VARIOUS DISTRICTS I hereby submit to Your Honorable Body the following change for Pool Reconstruction 2013, Pool Specialty Work, Miller Enterprises, C #93001114. 1. Lifeguard chair for Cazenovia Pool no longer manufactured; Add $ 7,041.00 different style needed. The foregoing change results in a net increase in the contract of Seven Thousand Forty One and 00/100 Dollars ($7,041.00). Summary: Original Contract Amount $107,100.00 Amount of This Change Order ( #1) $ 7,041.00 Revised Contract Amount $114,041.00 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 35405106 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 April 19, 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 $7,041.00 (Original Contract Amount $107,100.00 + Change Order #1 $7,041.00 for a Revised Contract Amount of $114,041.00) for Pool Reconstruction 2013, Pool Specialty Work, to Miller Enterprises, C #93001114. Funding is available in Account 35405106 445100 - Buildings. PASSED AYES 8 NOES 0 NO. 20 PERMISSION TO HIRE CONSULTANT ALLENDALE THEATER MASONRY RECONSTRUCTION JOB #1306 DELAWARE DISTRICT I hereby request that Your Honorable Body authorize the Department of Public Works, Parks and Streets grant permission to hire Clinton Brown Company Architecture as a consultant to provide architectural and engineering services for the Allendale Theater, Masonry Reconstruction. The cost for consulting services is estimated not to exceed $11,049.00. The funds are available in bond account 35328106 445100 - Buildings. The consultant has been chosen through a Request for Qualification (RFQ) process. 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 April 19, 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 Clinton Brown Company Architecture as a consultant to provide architectural and engineering services for the Allendale Theater, Masonry Reconstruction. The consultant has been chosen through a Request for Qualification (RFQ) process. The funds are available in Bond Account 35328106 445100 - Buildings. PASSED AYES 8 NOES 0 NO. 21 PERMISSION TO HIRE CONSULTANT - CORRECTED CITY COURT WOMEN'S HOLDING AREA PHASES I & II JOB #1304 PRIOR COUNCIL REFERENCE: Item No. 29, CCP 4/16/13 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 construction of Women's Holding Area, City Court, Phase I & 11. The cost for consulting services is estimated not to exceed $129,010.00. Funds are available in 34323006 445100, Buildings. The consultant was chosen through a Request for Qualifications (RFQ) process. 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 April 19, 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 construction of the Women's Holding Area, City Court, Phase I and IL The consultant has been chosen through a Request for Qualification (RFQ) process. The funds are available in Bond Account 34323006 445100 - Buildings. PASSED AYES 8 NOES 0 NO. 22 REORT OF BIDS CITY -WIDE MILL &OVERLAY — 2012 PHASE I GROUP 766 A In obtaining these bids for the above mentioned project, I have asked for unit price covering the various items of work and material which will be performed. The final cost of the work will be based on the actual measured quantities of materials entering into the work and may be either more or less than the total bid. The following bids were received: Base Bid Destro & Brothers Concrete Co, Inc. 411 Ludington Street, Buffalo, NY 14206 $2,742,379.50 Amherst Paving, Inc. 330 Mayer Road, Amherst, NY 14226 $2,802,996.00 Northeast Diversification, Inc. 2 Cadby Industrial Park, Lancaster NY 14086 $3,089,945.00 Occhino Paving, Inc. 2650 Seneca Street, West Seneca, NY 14224 $3,239,387.45 1 hereby certify that the low bidder for the above project is Destro & Brothers Concrete Co., Inc.. I respectfully recommend a contract award in the amount of $3,016,617.45 ($2,742,379.50 -Base Bid + $272,237.95 -10% unit price increase = $3,016,617.45 - Total Contract Amount) . Funds for this contract are available in #3531406 - 445100, and an account(s) to be named at a later date. The engineer's estimate for this work is $3,000,000.00. The attached is certified to be a true and correct statement of the bid received. Under provisions of the General Municipal Law, any of the bidders may withdraw his bid if an award of the contract is not made by June 24 2013. Individual bid submissions are available in our office for inspection and copies are available upon request. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of Public Works, Parks and Streets, dated April 24, 2013, be received and flied; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to enter into an agreement for City -wide mill and overlay, with Destro & Brothers Concrete Co., Inc., in the amount of $3,016,617.45 (Base Bid of $2,742,379.50 + $272,237.95 10% Unit Price Increase for a Total Contract Amount of $3,016,617.45). Funds for this contract are available in Account #3531406 - 445100, and an account(s) to be named at a later date. PASSED AYES 8 NOES 0 NO. 23 REPORT OF BIDS CITYWIDE PARKS IMPROVEMENTS PLAY COURT REHABILITATION PROJECT -PHASE 1 1 advertised for on March 13, 2013, and received the following formal sealed bids for the Citywide Parks Improvements -Play Court Rehabilitation Project -Phase 1, which were publicly opened and read on March 27, 2013. Total Bid Hydrolawn of Buffalo, Inc. $909,740.00 P.O. Box 771 Derby, New York 14047 Louis Del Prince & Sons, Inc. $978,562.00 580 Cayuga Road Cheektowaga, New York 14225 Titan Development, Inc. $990,155.00 8534 Seaman Road Gasport, New York 14067 Nova Site Company, LLC $1,062,998.30 6 Lena Court West Seneca, New York 14224 Occhino Paving Corp. $1,199,057.00 2560 Seneca Street West Seneca, New York 14224 1 hereby certify that the foregoing is a true and correct statement of all bids received and that Hydrolawn of Buffalo, Inc. with a Total Bid of Nine Hundred Nine Thousand Seven Hundred Forty and 00/100 ($909,740.00), is the lowest responsible bidder. I respectfully recommend that your Honorable Body authorize a contract award in the amount of $1,000,714.00 (Base Bid $909,740.00 + a $90,974.00 - 10% Unit bid increase = $1,000,714.00). Funding for this project is available in 35405106 - 445100 and 34400206 - 445100 and other 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 April 24, 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 City -wide Parks Improvements -Play Court Rehabilitation Project - Phase 1, with Hydrolawn of Buffalo, Inc., in the amount of $1,000,714.00 (Base Bid of $909,740.00 + $90,974.00 10% Unit Price Increase for a Total Contract Amount of $1,000,714.00). Funds for this contract are available in Accounts 35405106 - 445100 and 34400206 - 445100, and other account(s) to be named at a later date. PASSED AYES 8 NOES 0 FROM THE COMMISSIONER OF POLICE NO. 24 DRUG ASSET FORFEITURE WIRE TRANSFERS ($75,574.78) PRIOR COUNCIL REFERENCE: Item No. 104, C.C.P. 2/2/88 12 -DEA- 562703 C2 -11 -0162 793.58 12 -DEA- 572143 C2 -12 -0150 2,291.58 13 -DEA- 573622 C2 -13 -0016 990.12 12 -DEA- 571624 C2 -12 -0149 1,334.58 12 -DEA- 569824 C2 -12 -0136 3,521.58 12 -DEA- 570591 C2 -12 -0142 7,787.58 12 -DEA- 572864 C2 -13 -0009 1,751.58 12- FBI - 002199 3110 -12 -0013 358.00 12 -DEA- 566571 C2 -12 -0110 1,213.26 12 -DEA- 573675 C2 -13 -0015 1,266.18 12 -DEA- 564628 C2 -12 -0093 1,751.58 11- FBI- 000987 3110 -11 -0009 2,555.00 11- FBI- 000986 3110 -11 -0008 4,000.00 12- FBI - 002125 3110 -12 -0012 600.00 12 -DEA- 560615 C2 -12 -0055 31,349.44 12 -DEA- 560615 C2 -12 -0055 2,674.50 (15% SAFF DEP #14) 12 -DEA- 560615 C212 -0055 11,336.22 (15% SAFF DEP #16) TOTAL $75,574.78 The Drug Enforcement Administration (DEA), U.S. Customs and /or the FBI has administratively forfeited the above referenced property. The funds were received by this Department through wire transfers and duly deposited in the Trust & Agency Account, #20010000- 389001. 15% of the DEA funds have been deposited into SAFF account 10496 for fulfilling year 7 expenditures under SAFF legislation. The remaining funds will be placed into one or more of the following accounts as deemed necessary by the Commissioner of Police: Educational Training /Seminar, Confidential Funds, Materials and Supplies, Firearms and Weapons, Communications and Computers, Electrical Surveillance, Purchase of Services, Improvements, Vehicles, Operating Equipment If you have any questions regarding the above mentioned, please contact Inspector Joseph Strano at 851 -4624. RECEIVED AND FILED FROM THE CORPORATION COUNSEL NO. 25 MODIFY TERM OF LEASE AGREEMENT BETWEEN THE CITY OF BUFFALO AND NORTHWEST BUFFALO COMMUNITY CENTER, INC. FOR USE OF 155 LAWN AVENUE NORTH DISTRICT PRIOR COUNCIL REFERENCE: (IF ANY) Item No. 122, C.C.P. 12/28/1999, Item No. 21, C.C.P. 10/02/2012 Your Honorable Body in Item Number 21 of C.C.P. on 10/02/2012 approved a Lease Renewal, Modification and Extension Agreement resulting in the execution of the attached ease renewal modification and extension agreement. Since that time, Northwest Buffalo Community Center, Inc. has requested a further amendment and modification to the lease to provide that the lease renewal term is for ten (10) years and s to run from October 1, 2012 through September 30, 2022. The existing lease term as recently modified runs on y through September 30, 2017 with a five year renewal option through September 30, 2022 being available only if mutually agreed upon by City and Northwest Buffalo Community Center, Inc. Accordingly, this office requests and recommends that Your Honorable Body: 1. Approve a further lease amendment and modification agreement to provide that the lease term is to run from October 1, 2012 through September 30, 2022, 2. Ratify actions taken prior hereto for these and related lease purposes, 3. Authorize pertinent City personnel to take all such steps and actions and to execute such agreements and /or documents as shall be reasonably necessary to achieve the purpose and objectives of the contemplated lease amendment and modification, 4. Authorize the Corporation Counsel to prepare said lease amendment and modification; and 5. Authorize the Mayor execute the lease amendment and modification. Corporation Counsel Timothy A. Ball Mr. Smith moved: That the above item be, and the above communication from the Corporation Counsel, dated April 30, 2013, be received and filed; and That the Common Council hereby approves a Lease Renewal, Modification and Extension Agreement resulting in the execution of the lease renewal, modification and extension agreement, previously submitted on October 2, 2012. Northwest Buffalo Community Center, Inc. has requested a further amendment and modification to the lease to provide that the lease renewal term is for ten (10) years and is to run from October 1, 2012 through September 30, 2022; and That the Common Council hereby approves a further lease amendment and modification agreement to provide that the lease term is to run from October 1, 2012 through September 30, 2022; ratifies the actions taken prior hereto for these and related lease purposes; authorizes the pertinent City personnel to take all such steps and actions and to execute such agreements and /or documents as shall be reasonably necessary to achieve the purpose and objectives of the contemplated lease amendment and modification; authorizes the Corporation Counsel to prepare said lease amendment and modification; and authorizes the Mayor to execute the lease amendment and modification. PASSED AYES 8 NOES 0 FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT & INSPECTION SERVICES NO. 26 FOOD STORE (NEW) 970 KENSINGTON (MASTEN) 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 970 Kensington (HAPPY HOUSE WAY INC /AHMED BARMAN) 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 Collections 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. 27 FOOD STORE (NEW) 295 MAIN (ELLICOTT) 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 295 Main St (Ellicott Square Trading Company /Carl Paladino) 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 Collections 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. 28 FOOD STORE (NEW) 931 NIAGARA (NIA) 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 931 Niagara O's Market /Daniel Leong) 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 Collections 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 April 22, 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 Daniel Leong d /b /a D's Market located at 931 Niagara. PASSED AYES 8 NOES 0 NO. 29 FOOD STORE (NEW) 955 TONAWANDA (NORTH) Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 955 Tonawanda (Blue Sky Market / Rojin Jassim) 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 Collections 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 April 22, 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 Rojin Jassim d /b /a Blue Sky Market located at 955 Tonawanda. PASSED AYES 8 NOES 0 NO. 30 FOOD STORE (NEW) 881 WILLIAM (AKA 389 FILLMORE) (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 881 William aka (389 William) (WILL & FILL PETROLEUM INC./ILATHEEN MATINA) 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 Collections 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 April 15, 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 Ilatheen Matina d /b /a Will & Fill Petroleum Inc. located at 881 William a /k/a 389 Fillmore. PASSED NO. 31 USED CAR DEALER 164 WEST FERRY (NIAGARA) 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 164 WEST FERRY 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 PETER PENA. The attached thereto for PETER PENA dba PORKY'S AUTOMOTIVE REPAIR. 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 Commissioner of the Department of Economic Development, Permit and Inspection Services, dated March 27, 2013, be received and filed; and That the Commissioner of the Department of Economic Development, Permits and Inspections Services is hereby authorized pursuant to Chapter 254 of the City Code to issue a Used Car Dealer License to Peter Pena d /b /a Porky's Automotive Repair, located at 164 West Ferry. PASSED AYES 8 NOES 0 NO. 32 APPOINT CLERK(INTER)(LOCKWOOD) Appointment effective 3/26/2013 in the Department of Permit & Inspections to the Position of Clerk, Permanent, Competitive, Intermediate Starting Salary of 31,257.00 Christian Lockwood, 712 Main St. Apt 309, Buffalo 14201 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF COMMUNITY SERVICES & RECREATIONAL PROGRAMMING NO. 33 ACCEPTANCE OF AGREEMENT BETWEEN THE ERIE COUNTY PROBATION DEPARTMENT AND DIVISION OF YOUTH TO CO- FACILITATE A SERIES OF WORKSHOPS FOR BOY'S COUNCIL PROGRAM AND TO REQUEST A INTER CASH LOAN FOR THE AMOUNT OF $8900.00 TOTAL COST $8,900.00 The County of Erie desires that the City of Buffalo Division for Youth co- facilitate a series of workshops following the One Circle Foundation, Council for Boy's curriculum, along with Erie County Probation Department. The term of this agreement shall commence on January 1, 2013 and shall terminate on December 31, 2013. The program provides workshops for at -risk male juveniles who are referred from the Erie County Probation Department. The Council is a strengths -based group approach to promote healthy development for boys and young men from ages 12 -18 years old. Mr. Smith moved: That the above item be, and the above communication from the Division of Youth, dated April 16, 2013, be received and filed; and That the Common Council hereby authorizes the Deputy Commissioner of the Division of Youth to accept an agreement between the Erie County Probation Department mad the City's Division of Youth to co- facilitate a series of workshops following the One Circle Foundation, Council for Boy's curriculum, along with Erie County Probation Department. The term of this agreement shall commence on January 1, 2013 and shall terminate on December 31, 2013. PASSED AYES 8 NOES 0 FROM THE CITY CLERK NO. 34 LIST OF APPROVED CHICKEN LICENSES Dear Council Members: As per the Chicken License Ordinance, enclosed please find the list of approved licenses with the required information for each applicant. Should you have questions and /or concerns pertaining to this matter, do not hesitate to contact me at 851 -5434. Respectfully Gerald A. Chwalinski City Clerk CHICKEN LICENSES Name & Address License Granted Expiration Monique Watts 9/19/2009 9/30/2013 262 Rhode Island St Buffalo 14213 Massachusetts Ave Proj 4/21/2010 4/30/2014 Diane Picard 387 Massachusetts Ave Buffalo 14213 Tevito Torres 10/3/2011 10/31/2013 41 Tuxedo Place Buffalo 14207 Amy Overfield 5/24/2012 5/24/2013 298 Barnard Street Buffalo. NY 14206 David M. Willard 4/8/2013 4/30/2014 73 Trinity Place Buffalo, NY 14201 RECEIVED AND FILED NO. 36 BOARD OF ETHICS MINUTES - FEBRUARY 2013 City of Buffalo Board of Ethics Meeting Minutes Tuesday, February 26, 2013 Members in Attendance: Douglas Coppola, Eleanor Paterson, Richard Sullivan, James Magavern, Cavette Chambers. Excused: Gerald Chwalinski. Guest: Mary Baldwin, Deputy City Clerk. Quorum New Business: (1) Judge Hannah notified the Mayor by letter requesting the reappointment of Douglas Coppola and James Magavern and the appointment of Ms. Elizabeth Harned for the BOE committee. Under the City code, the Mayor has 45 days to respond. If he does not reply, the names will automatically go in front of the Common Council. Gerry will follow up with Peter Savage III. (2) Annual Financial Disclosure's submission date was extended by the BOE to 2/28/13. Per Sharon Adler, Clerk's office, all of the employees and most boards have submitted one. There are still 5 board members outstanding and 2 out on medical leave; Sharon to follow up on this matter. Per BOE, allow people until 3/15 to submit the form and then, send out the "10 day" letter. Regarding those on medical leave, send the form with a letter; the Board will excuse them until they return, but, if possible, send it in earlier. Sharon to follow up with HR dept. for return date from medical leave. Old Business: 1. Doug asked Cavette about drafting an amendment of the City Code (Section 12 -24) with reference to the Board's jurisdiction a year after an employee's separation of service with the City. Cavette spoke with Tim Ball. The amendment needs to go back to the Council. Cavette to follow up with Tim. Approval of the January 29, 2013 minutes. Next meeting is scheduled for Tuesday, April 23, 2013. Meeting adjourned. RECEIVED AND FILED NO. 36 LIQUOR LICENSE APPLICATIONS Attached hereto are communications from persons applying for liquor licenses from the Erie County Alcohol Beverage Control Board. Address Business Name Owner's Name 295 Main St Osteria 166 Nicholas Pitillo 1 Naval Park 1 Naval Park Shatzel, Donald Michael 49 Illinois Buffalo Ironworks Samuel J. Savarino RECEIVED AND FILED NO. 37 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 4/16/13 in the Department of Public Works Parks & Streets Division of Engineering to the Position of Bridge Operating Engineer Seasonal Non - Competitive, Flat, Starting Salary of $12.47 Hr. Robert Kreutinger, 50 Homer, Buffalo 14216 Certificate of Appointment Appointment effective 4/16/13 in the Department of Public Works Parks & Streets Division of Buildings to the Position of Laborer II Seasonal Non - Competitive, Flat, Starting Salary of $12.47 Hr Margaret Nash, 34 Wingate Ave, Buffalo 14216 NO. 38 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 4/22/13 in the Department of Police to the Position of Report Technician Permanent, Appointment, Minimum Starting Salary of $32,816 Ikelsha M. Thompson, 134 Roma Ave, Buffalo 14215 Abigall Rodriquez, 56 Sterling Ave, Buffalo 14216 Medellcia Rivera, 10 Courtland Avenue, Buffalo Joshua N. Ford, 47 Altruria St., Buffalo 14220 Madonna M. Keane, 34 Caryle Avenue, Buffalo 14210 Certificate of Appointment Appointment effective 4/15/13 in the Department of Fire Division of Fire to the Position of Emergency Services Fire Dispatcher Permanent Open- Competitive Minimum Starting Salary of $23, 371 Patrick Moran, 77 Milford Street, Buffalo 14220 Certificate of Appointment Appointment effective 4/8/13 in the Department of Admin & Finance, Policy & Urban Affairs Division of Inventory and Stores to the Position of Mail and Supply Clerk Permanent Open- Competitive Minimum Starting Salary of $34,402 Certificate of Appointment Appointment effective 4/23/13 in the Department of Audit and Control Division of Accounting to the Position of Assistant Accountant Temporary Open- Competitive Minimum Starting Salary of $38,751 Meghan Blake, 62 Whitfield Ave, Buffalo 14220 NON - OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON - OFFICIAL COMMUNICATIONS NO. 39 BFLO WATER BD- MONTHLY REPORT -MARCH 2013 Copy available for review in the City Clerk's Office RECEIVED AND FILED NO. 40 LP CIMINELLI -BOARD PACKET DOCUMENTS -APRIL 2013 Attached are the following documents from the Joint Schools Construction Board meeting scheduled on April 8, 2013: 1. Agenda 2. Meeting Minutes from JSCB Meeting dated March 4, 2013 3. Fully Executed Phase V Application and Certificate for Payment No. 39 - February 2013 4. Phase III Application and Certificate for Payment No. 58 - March 2013 5. Phase IV Application and Certificate for Payment No. 55 - March 2013 6. Phase V Application and Certificate for Payment No. 40 - March 2013 7. Resolution for Refunding a portion of Phase 1 V Bonds 8. Program Packaging and Development Services (PPDS) Provider Update 9. Bevlar & Associates Inc. Construction Contract Monitoring and Compliance Services Monthly Report for Addendum 1 Phase V Project- February 2013 10. Compliance & Administrative Services of New York Compliance Monthly Report for Phase V - February 2013 REFERRED TO THE SPECIAL COMMITTEE ON EDUCATION NO. 41 J. GAGE - MODIFIED GENERAL PROJECT PLAN - PUBLIC HEARING Dear Mr. Gerald Chwalinski; I am hereby transmitting, for filing in your office, the General Project Plan of the Erie Canal Harbor Development Corporation, a subsidiary of the New York State Urban Development Corporation doing business as Empire State Development ( "ESD "), together with the findings required pursuant to Sections 10(d) and 10(g) of the UDC Act, for the Modified General Project Plan in Erie County. This material is being filed pursuant to Section 16(2) of the UDC Act. A public hearing, also required by the UDC Act, will be held by ESD at the Erie County Community College, Minnie Gillette Auditorium - City Campus, 121 Ellicott Street Buffalo, NY 14203 on April 25, 2013 from 6pm - 7pm to consider the General Project Plan. ESD is a corporate governmental agency and public benefit corporation of the State of New York created by the New York Urban Development Corporation Act of 1968 as amended. Therefore, pursuant to CPLR Section 8017, ESD is exempt from any fee which may be imposed in connection with your receipt of these materials. Copy available for review in the City Clerk's office REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 42 K. LEE - RESPONSE COMMON COUNCIL'S NO KILL RESOLUTION Dear Mr. Golombek, As the Project Coordinator for the Maddie's Pet Rescue Project in Erie County, I read the Common Council's recent No -Kill resolution with great interest. The Maddie's Pet Rescue Project is a coalition of six partner organization including Black Dog, Second Chance; the City of Buffalo Animal Shelter; HEART; Second Chance; the SPCA Serving Erie County; Ten Lives Club. In October of 2009, the partners came together with a common goal of ending the euthanasia of healthy and treatable dogs and cats in Erie County. In our eyes, as well as the eyes of Maddie's Fund, a nationally renowned animal welfare foundation, this is the definition of No -Kill. In July of 2009, Mayor Brown and then County Executive Chris Collins attended a press conference at the SPCA Serving Erie County announcing our goal of transforming Erie County into a No -Kill community. Fast forward to the present day and we are proud to report that no healthy animals have been euthanized in over three and a half years. Perhaps more impressively, the euthanasia of treatable animals is down by 90 %. In 2012, 196 treatable shelter pets were euthanized compared to 2,030 in the baseline year of 2007. At the start of the Project, we administered a public survey asking about various medical and behavioral conditions. Using those responses, plus feedback from the partners and expert advice from area veterinarians and professional trainers, we created a matrix that classified conditions from healthy to rehabilitatable to manageable to untreatable. Conditions like pneumonia and skin and eye infections are considered rehabilitatable. Conditions like diabetes, deafness, and food aggression are considered manageable. Conditions like organ failure, distemper, and human aggression are considered untreatable. How have we been able to successfully reduce treatable euthanasia to less than 10 %? Each partner has a solid foster care base to help care for animals that cannot be cared for in a shelter environment. Our strong network of partners have specialized areas of focus. The SPCA can handle complicated surgeries while Ten Lives Club takes in most of the county's FIV cats. Additionally, each partner markets pet adoptions in creative ways and has established a variety of off -site adoption locations. The Common Council must now decide on their definition of No -Kill. Will they support Maddie's Fund's interpretation, one that allows for the humane service of owner requested euthanasia and the euthanasia of dangerous animals? Will they support a definition that is less inclusive, requiring aggressive animals to be somehow saved? Has the Common Council considered the repercussions of such a definition and the subsequent need for sanctuaries for pets with severe behavior needs or end of life care requirements? We hope the Common Council will find our efforts to end the euthanasia of treatable pets to be inspiring. I invite you to contact me to further discuss our goals for Erie County. We also hope that consideration will be made for appropriate funding for the City Shelter as it continues to make great strides in guaranteeing a home for all of its healthy and treatable animals. Sincerely, Kara Lee 716 - 343 -0253 karal @spcaec.com RECEIVED AND FILED NO. 43 L. ROSS -MILL, OVERLAY AND STREETSCAPE PROJ - FILLMORE AVE, N. PARADE & E. FERRY From: Black Chamber of Commerce Of Western New York Contact Person: Lumon Ross - President Mill, Overlay and Streetscape Project- Fillmore Ave., North Parade Ave. to East Ferry Street p.i.n. 5757.6 /Minority Goals The Black Chamber of Commerce of Western New York is dedicated to developing businesses and employment opportunities in the city's African American Community where the levels of poverty and economic distress are the greatest. According to local polls, the unemployment rate in the city's African- American community is twice that of the white community. Our young African- American unemployment figures might be as high as 50 %. With the above as the background, the Black Chamber of Commerce of Western New York is very concerned about the Fillmore Avenue Overlay Project which is a major street within the African- American Community. During the presentation at the project information meeting recently sponsored by the city to discuss the, overlay project for Fillmore Ave., questions were raised about the current minority goals that are being used. The percentages that were presented by Mr. Biddell at the meeting, in our view were too low and do not represent the requirements or the spirit of the city's affirmative action plan and the federal guidelines required for the project. Based upon the mix of funding sources for the project that include: Federal : SAFETEA -LU Section 1702 < 3676,) State : Marchiselli Highway Improvement Programs, City: CHIPS (Consolidated local street and Highway Improvement Program), Buffalo Sewer Authority: Green Infrastructure Funding ( not certain of the proper title of this source of funding); it is our position that the City of Buffalo has the responsibility to pursue the community's need and "Demand for more available jobs" by maximizing all of the goals associated with the project. This change would establish goals of 25% minority and 5% women business goals; and 23% minority and 7% women workforce goals. These revised goals would provide more realistic opportunities to increase African - American and other minority's participation. Our position to maximize the current goals is also supported under the Federal Title VI Compliance law that guarantees equity in minority participation and establishing percentages that meets and / or exceeds federally established goals. We ask that you review the city's affirmative action and federal guidelines, to make this situation right by increasing the minority goals so that this project will accomplish more than just repaying a street. I look forward to your response and am available to meet with you at your convenience to discuss further. REFERRED TO THE MINORITY BUSINESS ENTERPRISE SPECIAL COMMITTEE NO. 44 M. PIETKIEWICZ -BLDG UB- COMPREHENSIVE PHYSICAL PLAN FOR UNIV AT BFLO Copy available for review in the City Clerk's office RECEIVED AND FILED NO. 46 M PIETKIEWICZ -UB'S CONCERNS CONCERNS FOR MCCARLEY GARDENS Re: Statement Submitted by Michael J. Pietkiewicz - Assistant Vice President for Government and Community Relations for the University at Buffalo Dear Mr. Chwalinski: Please file the attached item for further discussion at the next Common Council session to be held Tuesday, April 30, 2013. Thank you for your assistance in the matter. Sincerely, James N. Jackson Legislative Assistant City of Buffalo Common Council Michael 1. Pietkiewicz Assistant Vice President for Government and Community Relations University at Buffalo; State University of New York Dear Chairman Pridgen and Common Council members, thank you for convening this meeting, for the opportunity to address this panel and community residents and to answer your questions. My name is Michael Pietkiewicz and I am the Assistant Vice President for Government and Community Relations for the University at Buffalo; State University of New York. The timing of this meeting is perfect in that the University has begun to ramp up its level of activity downtown in recent months and as our presence on the Buffalo Niagara Medical Campus (BNMC) grows, so does our involvement and activity in the community. UB's ambitious agenda translates to discoveries that transform lives. The University's vision for the future focuses on academic excellence- - research and scholarly distinction, transformative student experiences and engaging public service. UB 2020 is our plan for enhancing educational opportunities for our students, advancing research discoveries that improve life for people throughout the world and increasing UB's economic impact on our region and New York State. As a public entity the University has an interest in working with the community toward ensuring that our development positively impacts the community as well as UB. In doing so, we also must remain attentive to our mission so that we are being responsible stewards of public funds. Additionally, as a member of the community, the University knows there are very high expectations for the outcome of UB's growing presence downtown and our leadership has made a commitment to finding ways to ensure opportunities are enjoyed and shared by all members of the community. Councilman Pridgen asked me to address the University's plans for the McCarley Gardens Complex. In order to do so, I would like to take a moment to explain how we arrived at this moment in time. When it comes to planning any new buildings the university is committed to working in conjunction with the plans of its host communities. Our downtown move is intentionally aligned with the goals of the City of Buffalo. About a decade ago, the citizens of Buffalo identified that the medical campus area would be one of the five strategic investment areas: UB took this into consideration when we developed our master plan five years ago, and as we identified ways to align our facilities so that our physical infrastructure supports our academic mission, we realized that our goals and the City's goals are supported by expanding our presence downtown - specifically on the medical campus area. As part of its UB2020 initiative, UB looked at all facets of its organization including operations, human resources, academics and its physical plan. Through that process, UB conducted a Comprehensive Physical Plan for all three of its campus locations - North Campus, South Campus, and Downtown Campus- which first made references to the McCarley Gardens property as well as other properties UB does not own. This plan was first unveiled in late 2008, and a final draft was completed after extensive public outreach. (It may be found here: http / /!www. buffalo. edu /ub2020 /building /ub /building ub.html) It was around this time, in 2009, that St. John Baptist Church approached UB to ask about the University's interest in acquiring the land, and eventually a contract to sell was agreed upon and announced publicly in 2010. Subsequently, the University held public meetings in late 2011 to gather input for a Generic Environmental Impact Statement for build out of UB 2020 on all three campuses and the Findings Statement was completed in May 2012, (it may be found here; http:!!tinyurl.com /co9d3zx and a hard copy is provided) the Findings Statement specifically references plans for and impacts on the McCarley Gardens property. To paraphrase, both the Comprehensive Physical Plan and Environmental impact Statement state; "UB's development plans for the site include incubation /research park activities, support services related to the university's downtown presence and activities, development of a small urban green space area, and in the long -term the relocation of the health sciences schools from the South Campus. The relocation of the four remaining health sciences schools (Nursing, Public Health, Dental and Pharmacy) will create a true academic health center in downtown Buffalo. Given its size and scope, UB anticipates that these relocations will be longer term in nature, and they are dependent on available funding." A couple other highlights worth noting are UB's interest in planning, with the City, to realign Virginia Street to its original configuration. The realignment would reconstruct the original street grid while possibly providing space for an urban park that would build off of the Ellicott Street "Linear Park" and create another connection between Allentown, BNMC and the Fruit Belt. The original conceptual plan identified housing and parking as uses for the property. While the current zoning of the parcel would allow for both, on the student housing side, UB's downtown move - along with the growth of other organizations on the medical campus - creates the conditions for economic revitalization along the Main Street corridor and in the surrounding neighborhoods. Demand will continue to drive opportunities along the spine of the NFTA Metrorail and the City is already seeing the introduction of apartments and plans for new housing complexes along the Main Street corridor. In terms of parking the University would like to keep its options open but in the event that parking solutions need to be addressed they would be done in such a way that the projects would fit into the fabric of the urban, walkable neighborhood and would be developed toward the interior of the property or designed with modern design standards that would potentially include retail, classroom and laboratory space on the lower levels with parking above or behind the structures. It is important to note that under the terms of the existing agreement with Oak Michigan Housing Development, Corp., UB would not tike possession of the property until the very earliest 2017. Therefore, UB has not at this early date gone beyond its conceptual planning to more fully developed designs and specifications. When asked to describe the plans for the re -use of McCarley Garden's in the past, I have directed people to the UB Comprehensive Physical Plan online. In retrospect, the file is hard to find and is enormous (nearly 90MB). I realize that is a bit cumbersome for anyone and acknowledge different communication vehicles need to be explored. UB is committed to doing a better job of sharing information moving forward and I will be happy to address those opportunities more fully later. I would like to focus a moment on where we are today and why we are not much further along in terms of sharing concrete plans for the site. As you may know, in 2011, NYS passed NYSUNY 2020, the foundation of which may be traced to the initial UB 2020 proposal. While we were extremely pleased with the passage of the law, which in essence gave us a rational, predictable tuition policy along with the approval and some capital funds to move the medical school downtown, it did not give us either the permission or resources to initiate any of the other components of the ambitious UB 2020 plan. The recently passed 2013 -14 State Budget was expected to include the next SUNY five -year capital plan. This would have allowed us to start planning for future movement and growth. However, as the state and nation continue to recover from the economic downturn and NYS finds itself up against its debt ceiling; the state was unable to finance a capital plan this year. While we are hopeful that the nation and state economic climate continues to improve, it is worth noting, that even if there were a five -year capital plan available at this year, the immediate capital priorities of UB would not include the re -use of the McCarley Gardens property. UB's top priorities in the next capital budget will include maintaining and strengthening the University's center for Graduate Studies at UB South Campus which is expected to welcome the School of Social Work and Graduate School of Education back to Main Street in the City of Buffalo from Amherst. Before I take questions, I would like to take a moment to discuss UB's commitment to ensuring that our growth and the opportunity it provides are shared by all. OB has already made progress in expanding opportunities for minority- and women -owned businesses. For example, $100 million in construction - related contracts have been awarded to minority- and women -owned business enterprises (MWBE) over the past four years, and the University has set aggressive goals for MWBE participation in projects on its Downtown, North and South campuses. In addition, HB has begun to streamline its vendor /procurement and job - application processes to make it more accessible to the community. As part of the contract to acquire McCarley Gardens, the University made a commitment to explore ways to provide residents with better access to jobs and business and educational opportunities created from UB's growing presence on the Buffalo Niagara Medical Campus. The Economic Opportunity Panel report, that was just released yesterday, helped to identify ways the University could do more. Additionally, in 2010, President Tripathi established the UB 2020 Opportunities Advisory Council, which acts as a primary economic development liaison between the University, the community and BNMC partners. The council will Work with UB and community partners to ensure that the EOP's recommendations are addressed, and will pursue additional ways UB and BNMC partner institutions can open up new economic opportunities to community residents. Over all we are just now starting to better engage the neighborhoods around the BNMC; which is still new territory for UB. In addition to providing support for ongoing community programs like the Fruit Belt Coalition's "Christmas in the City" or various clean -up efforts, we are helping to foster new mutually beneficial relationships With our downtown neighbors. For example, recently, business owners, residents, parishioners and Fruit Belt property owners learned effective leadership skills to apply in the community through a training program provided by UB, BNMC, Roswell Park Cancer Institute and Kaleida Health. To provide better access we recently opened a Community Relations Office in the UB Gateway Building (formerly known as M. Wile) at the corner of Goodell and Ellicott and while we have been doing a OB Downtown newsletter, we need to increase its frequency and reach. Later this summer, we hope to open a space in the Gateway facility, dubbed the "Community Co- Laboratory," where existing and emerging physical plans for downtown may be reviewed, UB /BNMC jobs may be researched and discovered, and where MWBEs may learn about doing business with and selling goods to UB can be explored. The space would also be made available to community groups for meetings and events upon request. The recently created Office of Educational Collaboration and Engagement will help connect community problems with faculty interest to help find solutions for pressing community problems and will also be located in the UB Gateway Building, Last, the new Educational Opportunity Center will be opening adjacent to the UB Gateway on Ellicott helping to better forge educational and training opportunities for residents. Over the past few months, we've heard from our neighbors that they desire a deeper dialogue and even more contact with us. And we've responded. We recognize that people want more opportunities to engage with the university, and we will be making that happen in the months ahead. I am aware that right now, these are just words, plans and ideas. We are also bound to miss a step, here and there, but we will learn the lesson and move forward because we believe the work we are doing has the potential to positively transform our community and impacts lives. But LIB is committed and we will build trust through our actions. Please know that as a representative of the University, I am truly appreciative of the opportunity to address this Council today and am happy to answer any questions or concerns you may have. RECEIVED AND FILED NO. 46 D. SMITH - BUFFALO'S PATH TO RENEWAL Item available for review in the City Clerk's Office REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 47 P. WOLF- CREATING AN OPEN GOVERNMENT ADVISORY BOARD Please file this email and attached resolution for the next Council meeting. Thank you. Paul Wolf www.reinventinggov.org Forwarded message .......... From: Paul Wolf <panlwolf2 @gmall.cQm> Date: Fri, Mar 29, 2013 at 2:10 AM Subject: Open Government To: rfontana @city- buffalo.com, Councilmember Golombekjgolombek @ch.ci. buffalo. nv.us >, mlocurtoo_city- buffalo.com darivera @city- buffalo.com, brussell @city- buffalo.com, dfranczyk�a city- bufthlo.com, dsmith city- buffalo.com dpridgenO- city- buffalo.com mark] fschroederO- city- buffalo.com Communities across the country are taking proactive steps to make their local governments more open and engaging for citizens. In the blog post below I highlight the steps that have been taken in Philadelphia to make government more open and transparent. Similar steps can be taken in Buffalo, but someone has to step forward and raise the issue. Attached is a Resolution that can be introduced to start a discussion about this important issue. I would be happy to discuss this issue at a Council Committee meeting. Paul Wolf Re: Creating An Open Government Advisory Board WHEREAS, the City of Buffalo is committed to creating a high level of openness and transparency in government; and WHEREAS, the three principles of transparency, participation, and collaboration form the cornerstone of an open government; and WHEREAS, more government information should be published and made available via the Internet which will provide greater public access to information and a mechanism for public feedback and participation; and WHEREAS, the demands of an across - the -board open government framework require the assistance of a Open Government Advisory Board, to guide these initiatives; and WHEREAS, goals and timetables should be established for development and implementation of an overall Open Government Plan to enhance and develop transparency, public participation, and collaboration in all City of Buffalo activities; NOW THEREFORE BE IT RESOLVED THAT: 1) The Mayor, shall designate a department head to serve as a liaison to the Open Government Advisory Board. The liaison will lead the Open Government initiatives outlined in this Resolution, including working with city departments and agencies to establish standards for publication of information and the most effective means for making such information available. The liaison will report to the Mayor regarding Open Government initiatives. 3) The Mayor shall appoint an Open Government Advisory Board. The Board shall consist of nine members, including the liaison, and shall be chaired by an individual designated by the Mayor. The Advisory Board shall meet regularly at such times as the Board decides, and its members shall serve at the pleasure of the Mayor. 4) The Advisory Board, shall develop and publish an Open Government Plan. The plan will detail, including specific actions and timelines, the steps that the city of Buffalo will take to incorporate the principles of open government into its daily activities. The Plan shall be formulated with the input of senior policy, legal, and technology leadership in the City; open government experts; and the general public. Components of the Open Government Plan shall include: (1) Transparency: Steps the City will take to conduct its work more openly and publish its information online, including ready public access to ordinances and regulations, policies, legislative records, budget information, crime statistics, public health statistics, and other information. (2) Public Participation: Description of how the City will enhance and expand opportunities for the public to participate throughout each department's decision - making process, including instructions for online access to published information and opportunities for comment; methods for identifying stakeholders and other affected parties and encouraging their participation; links to appropriate websites where the public can engage in the city's existing participatory processes; and proposed changes to internal management and administrative policies to increase public participation. (3) Collaboration: Steps the City will take to enhance and expand cooperation among its departments and agencies, other governmental agencies, private and nonprofit entities, and the public, to fulfill city goals and obligations; including proposals to use technology platforms and links to appropriate websites to improve, and inform the public about, existing collaboration efforts, and use of innovative methods to obtain ideas from and to increase collaboration with those in the private sector, nonprofit and academic communities. 5) A portal /place shall be established on the city's website that will serve as the source for city -wide and departmental activities with respect to this open government initiative. 6) Each city department and agency shall develop a schedule for making information available to the public and updating it on a regular basis. To the extent practicable and subject to valid restrictions, agencies shall publish information on line (in addition to other planned or mandated publication methods), and in an open format. The open format will provide data in a form that can be retrieved, downloaded, indexed, searched and reused by commonly used web search applications and software. 7) The Open Government Portal shall include a mechanism for the public to give feedback on and assess the quality of published information, provide input about what information should be a priority for publication, and provide input on the city's Open Government Plan. 8) Progress toward meeting the Open Government goals set forth in this Resolution shall be evaluated six months from the adoption date of this Resolution, again one year from the adoption date, and annually thereafter. The evaluation shall be released on the Open Government Portal, and shall include criteria to be developed by the Advisory Board. REFERRED TO THE COUNCIL PRESIDENT PETITIONS NO. 48 D. HALL, AGENT, USE 310 NORTH ST- REPLACE FACING OF EXISTING GROUND SIGN AND INSTALL NEW WALL SIGN /CANOPY (HRG 5 /7)(ELL) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 49 K. AMMAR, OWNER, USE 220 ALLEN ST TO RE- ESTABLISH A SIT IN RESTAURANT AND SIDEWALK PATIO IN THE ALLEN ST SPECIAL DISTRICT(HRG 5/7)(FI11) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 50 M. PETRILLO, OWNER, USE 1368 HERTEL TO CONVERT A BAKERY TO A RESTAURANT IN THE HERTEL AVENUE SPECIAL DISTRICT(HRG 5 /7)(DEL) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 51 M. DIMARTIIE, OWNER, USE 1516 NIAGARA TO REESTABLISH USE OF SIT -IN RESTAURANT IN THE NIAGARA RIVER COASTAL SPECIAL REVIEW DISTRICT(HRG 5 /7)(NIA) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 52 M. BRANT -& O- SUPPORT LANDMARK DESIGNATION OF TRICO PLANT #1 I support preserving the economic development opportunity of Trico Plant #1. 1 urge the Common Council and Mayor Byron W. Brown to support landmark designation of this neighborhood asset, so that its potential can be realized for present and future generations. Available for review in the City Clerk's Office RECEIVED AND FILED REGULAR COMMITTEES NO. 53 CIVIL SERVICE (BONNIE E. RUSSELL, CHAIRPERSON) APPOINTMENT APPRAISAL REVIEW BOARD(ROSS)(MAYOR) (ITEM NO. 1, C.C.P., APR. 16, 2013) Mrs. Russell moved: That the above item be, and the same hereby is returned to the Common Council without a recommendation; That the Common Council hereby confirms the appointment of Mr. Franz H. Ross to the Appraisal Review Board for a four (4) year term, commencing immediately and expiring March 30, 2017. PASSED AYES -8 NOES -0 NO. 54 APPOINTMENT BUFFALO PRESERVATION BOARD(GILBERT)(MAYOR) (ITEM NO. 2, C.C.P., APR. 16, 2013) That the above item be, and the same hereby is returned to the Common Council without a recommendation; Mrs. Russell moved: That the Common Council hereby confirms the appointment of Mr. Don Gilbert to serve on the Buffalo Preservation Board for a three (3) year term, commencing immediately, and expiring March 30, 2016. PASSED AYES -8 NOES -0 NO. 66 APPOINTMENT BUFFALO WATER BOARD(FINN)(MAYOR) (ITEM NO. 3, C.C.P., APR. 16, 2013) That the above item be, and the same hereby is returned to the Common Council without a recommendation; Mrs. Russell moved: That the Common Council hereby confirms the appointment of Mr. Michael Finn to serve on the Buffalo Water Board for a one (1) year term, commencing immediately, mad expiring April 30, 2014. PASSED AYES -8 NOES -0 NO. 56 APPOINT REPORT TECHNICIAN(PROC)( INTER)( LORENZO)(POL)(PERM)(SNYDER)(PW) CCP# 34, 04/16 Mrs. Russell moved That Communication 34 of April 16, 2013, be received and Filed and that the Provisional appointment of Irma Lorenzo, 2232 Kenmore Ave, Buffalo, NY 14207 to the position of Report Technician Spanish Speaking, at the Intermediate salary ors 33,941.00 is hereby approved PASSED AYES -8 NOES -0 NO. 57 NOTICES OF APPOINTMENTS - TEMP /PROV /PERM Mrs. Russell moved That the above item be the same and hereby is Received and Filed ADOPTED NO. 58 T. BARRETT- CONCERNS STAFFING AT FIRE SCENES CCP#44, 03/05 Mrs. Russell moved That the above item be the same and hereby is Received and Filed ADOPTED NO. 59 M. LOCURTO -A. MCKINNEY- TESTIMONY RE LIVING WAGE CCP#42, 12/11 Mrs. Russell moved That the above item be the same and hereby is Received and Filed ADOPTED NO. 60 ENTITLING SEASONAL SANITATION WORKERS TO BACK WAGES CCP #86, 11/13 Mrs. Russell moved That the above item be the same and hereby is Received and Filed ADOPTED COMMUNITY DEVELOPMENT (JOSEPH GOLOMBEK, JR., CHAIRMAN) NO. 61 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND FUNDING (ITEM NO. 10, C.C.P., APR. 16, 2013) Mr. Golombek moved: That the above item be, and the same hereby is returned to the Common Council with a recommendation for approval; That the Common Council hereby approves the agreement between the City of Buffalo and the City of Buffalo Urban Renewal Agency for the City of Buffalo Community Development Block Grant ( "CDBG') Program Administration ( "CDBG Agreement "); the agreement between the City of Buffalo and the Buffalo Urban Renewal Agency for the administration and implementation of the Home Investment Partnerships (HOME) Program ( "HOME Agreement "); the agreement between the City of Buffalo Urban Renewal Agency and the City of Buffalo for the management, implementation and delivery of services through the Housing Opportunities for Persons With AIDS Program ( "HOPWA Agreement "); and the agreement between the City of Buffalo Urban Renewal Agency and the City of Buffalo for the management, implementation and delivery of services for the City of Buffalo Emergency Solutions Grant Program ( "ESG Agreement "); and That the Common Council hereby ratifies and confirms the actions taken to prepare the agreements in this form after working with the City Comptroller and HUD; authorizes the Mayor to execute the agreements and related documentation as shall be required or useful in facilitating the City of Buffalo's receipt and utilization of the subject funding; authorizes the Executive Director of the City of Buffalo's Office of Strategic Planning and /or other appropriate City staff to take all such steps and actions and to execute and /or process such additional documentation, agreements and /or modifications thereto as shall be necessary to facilitate and implement the terms and provisions of the agreements and to facilitate and implement the City's receipt and utilization of the subject funding as well as all related reporting, monitoring and follow -up functions associated with the funding; and directs the Corporation Counsel and other appropriate City personnel to negotiate to finalization said agreements and other necessary documentation and agreements wherever necessary for execution and actual implementation of the improved and update administrative arrangements and agreement which will be filed with the Common Council as an informational item. PASSED AYES -8 NOES -0 NO. 62 REPORT OF SALE - 430 BERKSHIRE (UNIV)(STRAT PLAN) (ITEM NO. 11, C.C.P., APR. 16, 2013) 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 Mr. Richard A. Fairweather and Mrs. Wanda Fairweather of 17 Philadelphia Street, Buffalo, New York 14207, in the amount of Twelve Thousand Dollars ($12,000.00) for the purchase of 430 Berkshire, 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 -8 NOES -0 NO. 63 REPORT OF SALE - 420 BUSTI (ELL)(STRAT PLAN) (ITEM NO. 12, C.C.P., APR. 16, 2013) 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 Mr. John P. Koerner and Ms. Christina M. Higgins of 422 Busti Avenue, Buffalo, New York 14201, in the amount of Three Thousand Dollars ($3,000.00) for the purchase of 420 Busti, 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 — 8 NOES - 0 NO. 64 REPORT OF SALE - 310 COMWALL (MASTEN)(STRAT PLAN) (ITEM NO. 13, C.C.P., APR. 16, 2013) Mr. Golombek moved that the above item be recommitted to the Committee on Community Development ADOPTED NO. 65 REPORT OF SALE - 291 WOHLERS (ELL)(STRAT PLAN) (ITEM NO. 14, C.C.P., APR. 16, 2013) 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 Mr. Julio Morina of 318 Fourteenth Street, Buffalo, New York 14213, in the amount of Two Thousand Five Hundred Dollars ($2,500.00) for the purchase of 291 Wohlers, 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 8 NOES 0 NO. 66 REPORT OF SALE - 79 KEYSTONE (LOV)(STRAT PLAN) (ITEM NO. 63, C.C.P., APR. 16, 2013) That the above item be, and the same hereby is returned to the Common Council without a recommendation; Mr. Golombek moves: That the offer from Mr. Benoy B. Majumder of 323 Wallace Avenue, Toronto, Ontario Canada M6P 3N6, in the amount of Five Thousand Dollars ($5,000.00) for the purchase of 79 Keystone, 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 8 NOES 0 NO. 67 REPORT OF SALE - 206 WINSLOW (MASTEN)(STRAT PLAN) (ITEM NO. 64, C.C.P., APR. 16, 2013) That the above item be, and the same hereby is returned to the Common Council without a recommendation; Mr. Golombek moved: That the above item be recommitted to the Committee on Community Development ADOPTED LEGISLATION (DARIUS G. PRIDGEN, CHAIRMAN) NO. 68 J. MAHIQUES, OWNER, USE 197 ALLEN TO RE- ESTABLISH SIT -IN RESTAURANT IN THE ALLENTOWN SPECIAL DISTRICT (FILL) (DPIS) (ITEM NO. 55, C.C.P., APR. 16, 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 approves the application of J. Mahiques, Owner, of 197 Allen, to reestablish use of a restaurant in the Allentown Special District is hereby approved. PASSED AYES 8 NOES 0 NO. 69 P. TSOUFLIDES, OWNER, TO USE 708 ELMWOOD TO ENCLOSE A PORTION OF BUILDING (DEI)(DPIS) (ITEM NO. 56, C.C.P., APR. 16, 2013) That the above item be, and the same hereby is returned to the Common Council without a recommendation; Mr. Pridgen moved: That the application of P. Tsouflides, Owner, of 708 Elmwood to enclose a portion along the side of the building for additional kitchen space (approximately 5' X 4') and a cooler (11'6" X 12') off the rear is hereby approved. PASSED AYES 8 NOES 0 NO. 70 A. KONDOLA, OWNER, TO USE 802 ELMWOOD AS A RESTAURANT IN THE ELMWOOD DISTRICT (DEL)(DPIS) (ITEM NO. 57, C.C.P., APR. 16, 2013) Mr. Pridgen moved: That the above item be, and the same hereby is returned to the Common Council without a recommendation; That, pursuant to Section 511 -55 of the City of Buffalo Charter, the Common Council hereby approves the application of A. Kondola, Owner of 802 Elmwood Avenue for a change of use from retail space to a restaurant in the Elmwood Business District to include an outdoor cafe (3 tables with 2 chairs per table). PASSED AYES 8 NOES 0 NO. 71 USED CAR DEALER - 356 HOPKINS (SOUTH)(DPIS) (ITEM NO. 37, C.C.P., APR. 16, 2013) That the above item be, and the same hereby is returned to the Common Council without a recommendation; Mr. Pridgen moved: That the Commissioner of Permits and Inspections Services is hereby authorized pursuant to Chapter 254 of the City Code to issue a Used Car Dealer License to Danielle and Michael Militello d /b /a Militello Family Auto, located at 356 Hopkins. PASSED AYES 8 NOES 0 NO. 72 ORDINANCE AMENDMENT - SECTION 316 -55 MOBILE FOOD VENDORS (ITEM NO. 112, C.C.P., APR.16, 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 part of the Code of the City of Buffalo, Subdivision A of Section 316 -55 as it relates to the initial application fee thereof be amended as specified in the attached Ordinance Amendment. PASSED AYES -8 NOES -0 NO. 73 FOOD STORE LICENSE (NEW) - 1727 SOUTH PARK (SOUTH)(DPIS) (ITEM NO. 89, C.C.P., APR. 16, 2013) That the above item be, and the same hereby is returned to the Common Council without a recommendation; Mr. Pridgen moved: That the Commissioner of Permits and Inspections Services is hereby authorized pursuant to Chapter 194 of the City Code to issue a Food Store License to Towffeek Ghilan Ali d /b /a South Park Pizza located at 1727 South Park. PASSED AYES 8 NOES 0 NO. 74 FOOD STORE LICENSE (NEW) - 1096 KENSINGTON (MASTEN)(DPIS) (ITEM NO. 103, C.C.P., APR. 16, 2013) 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. 75 APPLICATION FOR LANDMARK DESIGN -791 WASHINGTON AKA 817 WASHINGTON (HRG 4 /24)(PRES BD) (C.C.P #5 March 19) Mr. Pridgen moved: That the above item be, and the same hereby is returned to the Common Council without recommendation. Mr. Franczyk moved to Approve 2 " by Mr. Golombek That after the public hearing held before the Committee on Legislation on April 3, 2013, Trico Plant No. 1 Building be designated as a local historical preservation district, pursuant to Chapter 337 Article III of the Buffalo City Charter; and That this designation is made upon due consideration of the reports and for the reasons set forth in the reports of the Buffalo Preservation Board; and That the Secretary of the Preservation Board be, and hereby is directed to file a description of the historic district with the City Clerk, the Planning Board, the Director of the Division of Planning and with the Department of Public Works; and That the Petitioner is directed to file a description or map of the property with the Erie County Clerk's Office. LOST AYES - Franczyk, Golombek, LoCurto, Rivera 4, NOES - Fontana, Pridgen, Scanlon, Smith 4 Mr. Pridgen moved to Deny 2 " by Mr. Smith That after the public hearing held before the Committee on Legislation on April 3, 2013, Trico Plant No. 1 Building not be designated as a local historical preservation district, pursuant to Chapter 337 Article III of the Buffalo City Charter. LOST AYES - Fontana, Pridgen, Scanlon, Smith 4, NOES - Franczyk, Golombek, LoCurto, Rivera 4 NO. 76 APPLICATION FOR LANDMARKDESIGN- 791WASHINGTONAKA 817WASHINGTON (HRG 4 /24)(PRES BD) (C.C.P #94, MAY 1)( #C.C.P. #1, APRIL 3) Mr. Pridgen now moves that the above item be Received and Filed. ADOPTED NO. 77 APPLICATION FOR LANDMARKDESIGN- 791WASHINGTON AKA 817 WASHINGTON (HRG 3 /27)(PRES BD) (C.C.P #1, Mar 20) Mr. Pridgen now moves that the above item be Received and Filed ADOPTED NO. 78 OPPOSING THE DEMOLITION OF THE TRICO PLANT NO 1 BUILDING (C.C.P #106, MAR 20) Mr. Pridgen now moves that the above item be Received and Filed. ADOPTED NO. 79 T. TIELMAN & O- SUPPORT FOR TRICO LANDMARK (C.C.P #57, MAY 15) Mr. Pridgen now moves that the above item be Received and Filed ADOPTED NO. 80 J. GOLOMBEK -F. RZEMEK -INFO FOOD TRUCKS /MOBILE KITCHENS (C.C.P #58, MAY 15) Mr. Pridgen now moves that the above item be Received and Filed. ADOPTED NO. 81 REQUEST TO RENAME A PORTION OF LETCHWORTH STREET (NORTH)(HRG 4/30) (ITEM NO. 134, C.C.P., MAR. 19 2013) That the above item be, and the same hereby is returned to the Common Council without a recommendation; On a motion by Mr. Smith Seconded by Mr. Golombek the Public Hearing is Opened. Appearances NONE On a motion by Mr. Smith Seconded by Mr. Rivera the Hearing is closed Mr. Golombek made a motion to approve said item Seconded by Mr. Smith Mr. Pridgen moved: That the Common Council hereby approves changing the name of Letchworth Street from Grant Street to Rees Street to "Rockwell Road" in order to provide the name continuality of Rockwell through the Buffalo State campus; and That the Common Council hereby requests that the City Clerk, upon approval of this resolution, forward certified copies of the resolution to the United States Postal Service PASSED AYES 8 NOES 0 NO. 82 S. FEMMESSY, AGENT, USE 73 LESLIE TO CONVERT A WAREHOUSE TO A HUMAN SERVICES FACILITY(FILL)(DPIS) (ITEM NO. 83, C.C.P., MAR. 19 2013) That the above item be, and the same hereby is returned to the Common Council without a recommendation; Mr. Pridgen moves: That, pursuant to Section 511 -136 of the Code of the City of Buffalo, the Common Council hereby approves the application of S. Femmessy, Agent, to convert a one (1) story masonry warehouse to a human services facility to house a re -entry center at 73 Leslie is hereby approved. PASSED AYES 8 NOES 0 NO. 83 RECYCLING REFRIGERATOR REGULATION(EXC RES)(FONTANA) (C.C.P #118 JULY 24) Mr. Pridgen now moves that the above item be Received and Filed. ADOPTED NO. 84 FOOD STORE LICENSE (NEW) -271 LUDINGTON (LOV)(DPIS) (ITEM NO. 77, C.C.P., NOV. 13, 2012) That the above item be, and the same hereby is returned to the Common Council without a recommendation; Mr. Pridgen moved: That the Commissioner of Permits and Inspections Services is hereby authorized pursuant to Chapter 194 of the City Code to issue a Food Store License to Nadia Alhaj d /b /a IGA Community Express Mart Inc. located at 271 Ludington with the Following conditions: 1. Hours of operation: store must close by 9:00 pm every evening 2. No hand painted signs 3. No obstruction of windows 4. No selling of "loose" items -i.e. cigarettes, single diapers 5. No selling of drug paraphernalia including "one -hit" glass tubes, cigarette rolling papers 6. No selling of blunts PASSED AYES 8 NOES 0 RESOLUTIONS NO. 85 SPONSOR: MR. FONTANA WAIVER OF FEES FOR HOUGHTON ACADEMY #69 END OF SCHOOL YEAR PICNIC Whereas: Each spring the students of the Buffalo Public Schools must buckle down and work hard to prepare for final exams; and Whereas: To reward the students for their hard work and persistence the faculty of Houghton Academy BPS #69 hold an End of the School Year Picnic to celebrate their achievements in the adjacent Houghton /Stachowski Park; and Whereas: This year the Houghton Academy End of Year Picnic will be held on Friday, June 14 2013 (with a rain -date planned for Monday, June 17th). Now, Therefore, Be It Resolved: That the Common Council hereby requests a waiver of any and all permit and application fees associated with the Houghton Academy End of School Year Picnic. Be It Further Resolved: That a copy of this resolution be forwarded to Ms. Kimberly Trent of the Office of Special Events, and to Ms. Arlene Mustafa of DPW Parks Department. PASSED AYES 8 NOES 0 NO. 86 SPONSOR: MR. FONTANA FEE WAIVER FOR 2013 KAISERTOWN CAR SHOW Whereas: St. Casimir's Oratory in the Kaisertown neighborhood has recently undertaken the establishment of a food pantry to provide relief to families on a tight budget; and Whereas: Julie Peterson and Steven Burton, proprietors of the Holly St. Car6 have organized with other members of the Kaisertown community to host a Kaisertown Car Show; and Whereas: The Car Show will take place on July 13 at the St. Casimir's Social Center on Clinton St, featuring classic cars from around Western New York; and Whereas: All proceeds and donations from the Kaisertown Car Show will go to benefit the St. Casimir's Church Food Pantry. Now, Therefore, Be It Resolved: That the Common Council hereby requests the Office of Special Events to waive any and all permit and application fees for the Kaisertown Car Show. Be It Further Resolved: A copy of this resolution shall be forwarded to Ms. Kimberly Trent, Director of the Office of Special Events. PASSED AYES 8 NOES 0 NO. 87 SPONSOR: MR. FONTANA FEE WAIVER FOR 2013 KAISERTOWN POLKAS IN THE PARK Whereas: The Kaisertown community has a long standing history of strong Polish heritage; and Whereas: It is important to maintain Kaisertown's cultural heritage so that it may continue throughout the subsequent generations of Kaisertowners; and Whereas: The Kaisertown Cultural Revitalization Association is a group established by community- minded residents and business owners with the goal of promoting Polish heritage in the neighborhood; and Whereas: The KCRA has established the Polkas in the Park Concert Series to celebrate Polish culture and heritage through polka music; and Whereas: This summer on June 23 July 21 sc, and August 19 - ' the KCRA will host free polka music concerts in Houghton /Stachowski park for generations young and old to enjoy live polka music; and Whereas: As a small independent group with little or no means of funding, the members of the KCRA solely take on the financial burden of organizing and hosting cultural events and programs for the community -at- large. Now, Therefore, Be It Resolved: The Common Council hereby requests a waiver of any and all permit and application fees associated with the 2013 Polkas in the Park concert series; and Be It Further Resolved: That a copy of this resolution be forwarded to Ms. Kimberly Trent of the Office of Special Events and Ms. Arlene Mustafa of the DPW Division of Parks. PASSED AYES 8 NOES 0 BY: MR. FONTANA NO. 88 COUNCIL MEMBER RUSSELL EXCUSED FROM COUNCIL MEETING RESOLVED: That Council Member Bonnie E. Russell, be and hereby is excused from attendance at the Common Council Meeting of April 30, 2013. ADOPTED NO. 89 SPONSOR: MR. GOLOMBEK REQUEST TO RENAME RIVERSIDE ACCESS ROAD. Whereas: Riverside Access Road is located on the west side of Niagara just south of the Ontario Street on -ramp for Interstate 190; and Whereas: This access road leads to the Ontario Street Boat Launch and the new Black Rock Canal Park; and Whereas: Over the years, legal documents have recorded the address of the Ontario Street Boat Launch and Black Rock Canal Park as 16 Black Rock Harbor; and Whereas: The creation of Black Rock Canal Park will bring many more people to the water's edge whether for relaxation or boating; and Whereas: Many of the people who have or will visit are confused on how to access the park and boat launch due to the confusion of the name of the access road ; and Whereas: This name change would eliminate the current confusion on how to access the park and boat launch. Now, Therefore, Be It Resolved: The Common Council of the City of Buffalo approves changing the name of Riverside Access Road from Niagara Street to the Black Rock Canal Park to "Black Rock Harbor Road" in order to provide clear and concise directions to access the Ontario Street Boat Launch and Black Rock Canal Park; 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. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 90 SPONSOR: COUNCILMEMBER LOCURTO WAIVE PERMIT FEES FOR BOSTON MARATHON SOLIDARITY RUN IN DELAWARE PARK Whereas, Local runners have organized a race to show support and solidarity for victims of the Boston Marathon bombing and; Whereas, runners will not be asked to pay any fees but to simply make donations to the Red Cross to aid victims of the terrorist attack; and Whereas, the Special Events Office has already contacted the Buffalo Olmstead Parks Conservancy, the Traffic Unit, and the Buffalo Police; and Whereas, the race of an estimated 1,000 participants will take place on Sunday April 21 sc 2013 on the Ring Road in Delaware Park; and Now, Therefore, Be it Resolved: That the City of Buffalo Common Council hereby waives the permit and special event fees associated with holding this charity race in Delaware Park on April 21 sc 2013. Be it Further Resolved: That a copy of this resolution is sent to the Department of Parks and Recreation and the Department of Special Events. PASSED AYES 8 NOES 0 NO. 91 SPONSOR: MICHAEL J. LOCURTO WAIVING SPECIAL EVENT SANITATION PICK -UP FEES WHEREAS: Shakespeare in Delaware Park is a local not - for - profit, professional theatre company dedicated to providing free, high - quality public theatre to the widest possible audience; and, WHEREAS: Shakespeare in Delaware Park has been a Buffalo tradition since 1976, attracting over 40,000 to Delaware Park each year; and, WHEREAS: This year will be its 3 8 th season, commencing June 18th 2013 and ending August 20 2013. NOW, THEREFORE, BE IT RESOLVED: That the Common Council hereby waives the Special Event Garbage Pick -up fees for the event's duration from June 18 through August 20 2013. PASSED AYES 8 NOES 0 NO. 92 BY: ELLICOTT DISTRICT COUNCIL MEMBER DARIUS G, PRIDGEN WAIVE PERMIT FEE FOR MULTIPLE SCLEROSIS AWARENESS DAY Whereas: Ms. Marie V. Torres is utilizing 555 Niagara Street to promote Multiple Sclerosis Awareness by holding a fundraising event; and Whereas: Beginning 1 PM to 6 PM on Saturday, May 11, 2013, the Multiple Sclerosis Awareness Event is free and open to the general public; and Whereas: Hot dogs, hamburgers, sodas, and water will be sold. The proceeds will be sent to both the Upstate NY MS National and local Chapters; and Whereas: In the event of rain, it will be held underneath tents in front of 555 Niagara Street. Now, Therefore, Be It Resolved: That the Common Council commends Ms. Marie V. Tortes, a Multiple Sclerosis patient and volunteer, in her efforts to promote Multiple Sclerosis Awareness; and approves waiving the permit fees associated with this event; and Be It Finally Resolved: That copies of this resolution be sent to the Department of Permit & Inspection Services and the Department of Public Works. PASSED AYES -8 NOES -0 NO. 93 RE: DISCHARGE LEGISLATION COMMITTEE ITEM #102, C.C.P. FEB. 19, 2013 "ORD. AMEND.- CH 316 PEDDLING & SOLICITING - STREET VENDING (GOLOMBEK) (#67,2/6)" Whereas The above item is currently in the Legislation Committee; and It is no longer necessary for this item to be considered by that committee; Now, Therefore Be it Resolved: That this Common Council does hereby discharge the Legislation Committee from further consideration of hem #102, C.C.P. Feb. 19, 2013 "Oral. Amend.- Ch 316 Peddling & Soliciting - Street Vending (Golombek) ( #67, 2/5)" and said item is now before the Common Council for its consideration. ADOPT DISCHARGE PASSED AYES -8 NOES -0 NO. 94 BY: MR. SCANLON ORDINANCE AMENDMENT - SECTION 309 -17- ANIMALS AND VEHICLES RESTRICTED TO CERTAIN AREAS The Common Council of the City of Buffalo does hereby ordain as follows: Section 1. That section 309 -17 of the Code of the City of Buffalo be amended to read as follows: §309 -17. Animals and vehicles restricted to certain areas. A. No animal used for riding or driving nor a vehicle of any description shall be allowed upon any part of the parks or park approaches except in the drives, concourse, the bridle path or other places set apart for horses and vehicles, nor shall any vehicle be allowed upon any footpath, walk or bridle path. B. The [During calendar year 2012 only, the] Deputy Commissioner of Parks and Recreation may authorize the issue o -f limited use permits to owners of privately owned golf carts for use only on the Cazenovia Golf Course or the South Park Golf Course on the following conditions: (1) That the applicant must present proof that the applicant is the current holder of a valid handicapped parking permit issued by a municipal government of the State of New York or a Senior Citizen identification card issued by a municipal government in New York State; (2) That the applicant was a holder of a permit from the Olmsted Park Conservancy for use of such golf cart during the gear 2011 or prior; (3) That the applicant purchase a seasonal golf permit for the current golf season. L4)[(2)]That the applicant shall present a certificate of insurance evidencing that the permit holder has general liability insurance in a minimum sum of One Million Dollars, and further naming the City of Buffalo and naming the Buffalo Olmsted Parks Conservancy as additional insureds; L5)[(3)]That the permit holder shall execute an agreement to defend, indemnify and hold harmless the City of Buffalo and the Buffalo Olmsted Parks Conservancy against any and all claims arising from the permit holder's operation of such permitted golf cart on City property; (6)That the applicant may an annual golf cart permit fee pursuant to section 309 -28 and as prescribed in Chapter 175 of this Code; (7)[(4)]That the permit holder shall be the exclusive operator of such golf cart when on City property; &)[(5)]That such golf cart shall be operated only on the designated golf course during otherwise permitted play, and within the parking facility for purposes of loading and unloading such golf cart on its transport vehicle, but not upon any park drive, park approach, park road or any other part path or grounds of any nature not designated as part of a golf course; L9)[(6)]That such permit shall not be transferrable and shall be revoked upon violation of any of the conditions enumerated in this ordinance. (10)Permits granted pursuant to this subdivision shall be renewable in subsequent years, but no new permits shall be issued. §2. That Chapter 175 of the Buffalo City Code be amended by mending section 309 -28 thereof to read as follows: § 309 -28, use of facilities With the exception of designated private ice time at skating finks, City of Buffalo handicapped persons (classified as such by the United States Department of Health, Education and Welfare) may use any of the hereinafter mentioned recreational facilities free of all charges and fees. Noncity Citv Resident Resident GOLFCOURSES Seasonal fee for South Park, Cazenovia and $185.00 $250.00 Delaware Golf Courses Seasonal golf cart renewal fee for South Park and $25.00 $50.00 Cazenovia Golf Courses Senior citizens with City identification cards, $90.00 N/A Monday to Friday Senior citizens (Sunday through Saturday) $150.00 $200.00 Youths under 16 with City identification cards, $150.00 for seven $160.00 Monday to Friday days Junior Program (12:00 noon to closing, July to $75.00 100.00 August only) Daily fee for South Park, Cazenovia and Delaware Golf Course (each) 18 holes on Saturday, Sunday or holiday $16.00 $17.00 Seniors and youths under 16 on Saturday, Sunday or $13.00 $14.00 holiday 18 holes on other days $13.00 $14.00 Seniors and youths under 16 on regular weekdays $11.00 $12.00 Twilight rate (starts after 6:00 p.m.) $8.00 $9.00 Reserve tee time, per reserved hour $55.00 $55.00 New York State access pass $90.00 $90.00 Nine -hole rate, Monday through Friday $10.00 $11.00 Nine -hole rate, Saturday and Sunday $12.00 $13.00 §3. This Ordinance Amendment shall take effect immediately upon being duly ratified pursuant to §3 -19 of the City Charter. APPROVED AS TO FORM Timothy Ball Corporation Counsel Underlined material is new. Material in brackets [ ] is repealed. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 95 SPONSORS CHRISTOPHER P. SCANLON WAIVE PARK RENTAL AND EVENT FEES FOR LORRAINE ELEMENTARY FIELD DAY AT CAZENOVIA PARK 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, Lorraine Elementary is a fixture in the South District community, providing education to many of the families in the District; and WHEREAS, The Lorraine Elementary Field Day wii1 be held at Cazenovia Park on June 14, 2013 NOW, THEREFORE, BE IT RESOLVED, That the Common Council of the City of Buffalo respectfully requests that the Department of Permits & Inspections, Department of Public Works, Department of Law and all other involved City Departments waive the City Olmsted Park fee (where applicable) and event fees for the South Buffalo Alive 12 Annual Parade of Circles, the South Buffalo Charter School End of School Year Picnic, and Goin South's 13 Annual Irish Feis BE IT FURTHER RESOLVED, That the City Clerk forward a copy of this resolution to the Commissioners of the Departments of Permits & Inspections, Public Works, and Law. Christopher P. Scanlon South District Council Member PASSED AYES -8 NOES -0 BY: MR. SMITH NO. 96 ORDINANCE AMENDMENT -CH 154 FAIR EMPLOYMENT SCREENING The Common Council of the City of Buffalo does hereby ordain as follows: Section 1. That the Chapter 154 of the Code of the City of Buffalo be amended by adding a new Article V thereto to read as follows: Article V. Fair Employment Screening. § 154 -25 Fair Employment Screening. The City of Buffalo, its vendors, and any employer located within the City of Buffalo limits shall not ask questions regarding or pertaining to an applicant's prior criminal conviction on any preliminary employment application. Consideration of the candidate's prior criminal conviction s shall take place only after an application is submitted and to begin during an initial interview, or thereafter. 154 -26 Definitions. For purposes of this article, the following terms shall have the following meanings: A. "Applicant ": any person considered or who requests to be considered for employment by an employer. B. "City ": the City of Buffalo, its departments, administrative units and related agencies. C. "Conviction ": any sentence imposed by a court of competent jurisdiction arising from a verdict or plea of guilty, including a sentence of incarceration, a suspended sentence, a sentence of probation, an unconditional discharge, or diversion program. D. "Employment" : an occupation, vocation, job, work for pay, including temporary or seasonal work, contracted work, contingent work, and work through the services of a temporary or other employment agency; or any form of vocational or educational training with or without pay. "Employment" shall not, for the purposes of this chapter, include employment by anygovernment law enforcement agency, E. "Employer" : the city or any person, partnership, corporation, labor organization, not - for - profit, or association having fifteen or more employees. F. "Interview" : any direct contact by the employer with the applicant whether in person or by telephone, to discuss the employment being sought or the applicants' qualifications. G. "Vendor" : any vendor, contractor, or supplier of goods or services to the City of Buffalo, including vendors located outside the City of Buffalo limits. § 154 -27 Fair Employment Screening Standards A. It shall be an unlawful discriminatory practice for an employer to make any inquiry regarding, or to require any person to disclose or reveal, any criminal conviction during the application process. The application process shall begin when the applicant inquires about the employment sought and shall end when an employer has accepted an employment application. B. It shall be an unlawful discriminatory practice for an employer to make any inquiry regarding, or to require any person to disclose or reveal, any criminal conviction against such person before a first interview. If an employer does not conduct an interview, that employer must inform the applicant whether a criminal background check will be conducted before employment is to begin. C. An employer hiring for licensed trades or professions, including positions such as interns and apprentices for such licensed positions, may ask applicants the same questions asked by the trade or professional licensing body, in accordance with New York state law. D. An employer hiring for positions where certain convictions or violations are a bar to employment in that position under New York state or Federal law, shall not be constrained from asking questions about those convictions or violations. E. An employer shall comply with Article 23 -A of the New York State Correction Law when considering an applicant's prior criminal convictions in determining suitability for employment. In accordance with Article 23 -A, nothing in this ordinance shall be construed to limit an employer's authority to withdraw conditional offers of employment for any lawful reason, including the determination that the candidate has a conviction that bears a direct relationship to the duties and responsibilities of the position sought, or that hiring would pose an unreasonable risk to property or to the safest of individuals or the general public. § 154 -28 Exceptions A. The prohibitions of this article shall not apply if the inquiries or adverse actions prohibited herein are specifically authorized by any other applicable law. B. The prohibitions of this article shall not apply to the Department of Police or the Department of Fire, or to any other employer hiring for "police officer" and "peace officer" positions, as defined by Criminal Procedure Law § 1.20 and § 2.10. C. The prohibitions of this article shall not apply to any public or private school, nor to any public or private service provider of direct services specific to the care or supervision of children, young adults, senior citizens, or the physically or mentally disabled. 154 -29. Enforcement A. Any person aggrieved by a violation of this Article may commence a civil action or proceeding for injunctive relief, damages, and other appropriate relief in law or equity against a person who violates this article. In any such action or proceeding, the court, in its discretion, may allow for the part, /commencing such action or proceeding, if such party prevails, a reasonable attorney's fee as part of the costs. B. Any person or organization, whether or not an aggrieved party, may file with the Commission on Citizens' Rights and Community Relations a complaint alleging violation of this article. Such complaint shall be in writing on a form prescribed by the Commission on Citizens' Rights. C. Upon certification by the Commission on Citizens' Rights and Community Relations Director that there has been an affirmative finding of probable cause of discriminatory practice, the Director may request the Corporation Counsel to commence an action against the accused party, in a court of competent jurisdiction, seeking the imposition of the following penalties or a combination thereof: (1) a penalty of five hundred dollars for the first violation of this Article; or " (2) a penalty of one thousand dollars for each subsequent violation of this Article. §2. This Ordinance Amendment shall take effect immediately upon being duly ratified pursuant to §3 -19 of the City Charter. Demone A. Smith APPROVED AS TO FORM TIMOTHY A: BALL Corporation Counsel Underlined material is new. Material in brackets [ ] is repealed. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 97 SPONSOR: COUNCIL MEMBER DEMONE SMITH MASTEN DISTRICT PERMISSION TO HANG BANNERS AT 1184 GENESEE STREET BUFFALO, NY 14211 Whereas: Banners and Flags 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: Calvary Baptist Church is celebrating seventy -five years of God's blessings. As part of that celebration they would like to install six light pole banners in front of the church to commemorate this historic event ; and Whereas: Calvary Baptist Church is requesting permission to hang banners specifically located at 1184 Genesee Street Buffalo, New York 14211; 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. Calvary Baptist Church has received a copy of these conditions provided by the above named Council Member that give a full understanding of the requirements to allow the placement of the requested banners. 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 Calvary Baptist Church to hang banners located at 1184 Genesee Street, 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 banners in Buffalo. Council Member Demone Smith Majority Leader Masten District PASSED AYES -8 NOES -0 NO. 98 SPONSORS: COUNCILMEMBERS SMITH, FONTANA, RUSSELL, GOLOMBEK, PRIDGEN, SCANLON, FRANCZYK, RIVERA, LOCURTO SUBJECT SUPPORT FOR GBSEC TO OBTAIN A NINE TO TWELVE MONTH LAND OPTION ON THE BUFFALO OUTER HARBOR Whereas: The Greater Buffalo Sports and Entertainment Complex, LLC ( GBSEC) has filed a proposal for the development of a landmark Sports, Entertainment, Conference and Museum Complex on the Buffalo Outer Harbor; and Whereas: GBSEC has proposed development plans to the Buffalo Common Council, the Mayor of the City of Buffalo and the Niagara Frontier Transportation Authority, and the Erie County Legislator in the recent past; and Whereas: It should be noted that GBSEC has retained the pre- eminent sports and entertainment complex design and development firm, HKS, Inc. of Dallas, TX, which has established a working relationship with the National Football League through the building of successful and Super Bowl grade facilities for other franchises; and Whereas: The GBSEC proposal intends to create a publicly accessible green and environmentally advanced waterfront environment. In addition, the construction of a downtown conference center and hotel along with a proposed partnership with the Strong Museum of Rochester to create the country's first Museum of Sport and Competition would create tourism destination opportunities in the outer harbor region year round; and Whereas: These developed plans solidify the City's desire to keep the Buffalo Bills local with the expectation that upon the expiration of the lease with Ralph Wilson Stadium, the Buffalo Bills be in search of a new stadium; and Whereas: The construction of the stadium would create significant job opportunities, including as estimated 8,000 construction jobs for the projected seven year development process and the development of GBSEC's private partnership will save tax payers of Erie County a considerable amount of money and greatly alleviate the current tax burden. Now, Therefore, Be It Resolved: That the Common Council of the City of Buffalo calls on Governor Andrew M. Cuomo, the New York State Legislature, and the Niagara Frontier Transportation Authority to grant the Greater Buffalo Sports and Entertainment Complex, LLC a nine to twelve month land option on the Buffalo Outer Harbor for exploration and development of the proposed downtown stadium; and Be It Further Resolved: That certified copies of this resolution be conveyed to Governor Andrew M. Cuomo, NFTA, and all others deemed necessary and appropriate. ADOPTED NO. 99 BY: MR. SMITH RE: SUPPORT REDUCING GREENHOUSE GAS POLLUTION UNDER THE CLEAN AIR ACT DATE: APRIL 30, 2013 Whereas The decade from 2000 to 2010 was the warmest on record. According to the National Oceanic and Atmospheric Administration (NOAA), 2005 and 2010 tied for the hottest years on record, while January through September 2012 were the warmest first nine months of any year on record for the contiguous US; and Whereas The current level of CO2 in the atmosphere is approximately 392 parts per million (ppm) according to NOAA; and Whereas In 2008, one of the world's leading climate scientists, Dr. James Hansen stated: "If humanity wishes to preserve a planet similar to that on which civilization developed and to which life on Earth is adapted, paleoclimate evidence and climate change suggest that CO2 will need to be reduced to 350 ppm or lower; and Whereas The Environmental Protection Agency determined that current and future greenhouse gas concentrations endanger public health. According to the Global Humanitarian Forum, climate change is already responsible for some 300,000 deaths, seriously affecting 325 million people, and economic losses worldwide of US $125 billion; and Whereas Extreme weather events, most notably heat waves and precipitation extremes, are striking with increased frequency, with deadly consequences for people and wildlife. In the United States alone, a record 14 weather and climate disasters occurred, including droughts, heat waves, and floods, that cost at least $1 billion each in damages and loss of human lives; and Whereas Climate change is affecting food security as crop growth and yields diminish and droughts, floods and changes in snowpack depth are disrupting water supplies; and Whereas: Scientists have concluded that by 2011 as many as 10 species may be on the verge of extinction due to climate change; and Whereas The world's land -based ice is rapidly melting, threatening water supplies in many regions and raising sea levels. Artic summer ice extent has been decreased to about half of what it was several decades ago with an accompanying drastic reduction in sea -ice thickness and volume, which is severely jeopardizing ice - dependent animals like polar bears; and Whereas The sea level is rising faster along the East Coast than it has for at least 2,000 years. This is accelerating in pace and could rise by one to three feet before the end of this century, threatening millions of Americans with severe flooding; and Whereas For four decades, the Clean Air Act has protected the air we breathe through a proven, comprehensive and successful system of pollution control that saves lives and creates economic benefits exceeding its costs by many times; and Whereas With the Clean Air Act, air quality in this country has improved significantly since 1970, despite major growth both in our economy and industrial pollution; and Whereas Between 1970 and 1990, the six main pollutants covered by the Clean Air Act - particulate matter and ground -level ozone (both of which contribute to smog and asthma), carbon monoxide, lead, sulfur and nitrogen oxides (the pollutants that cause acid rain) were reduced by between 47% and 93 %, and airborne lead was virtually eliminated; and Whereas The US Supreme Court ruled in Massachusetts vs. EPA (2007) that greenhouse gases are "air pollutants" as defined by the Clean Air Act and the Environmental Protection Agency has the authority to regulate them; and Whereas The City of Buffalo prides itself on being a leader in the fight for clean air. The Common Council has passed resolutions calling for clean air for all residents in Buffalo in 2012 and has supported the residents living near the Peace Bridge by calling on the Peace Bridge Authority to enforce no idling of trucks and to establish pollution control measures along the United States Canadian border to protect residents living near the border; Therefore Be It Resolved: That Climate change is not a problem for the future or one that will affect only far distant places. Climate change is happening now and we are contributing to it. The longer we wait to act, the more difficult and more expensive the problem will be to solve; and Therefore Be It Further Resolved: That the Common Council, on behalf of the residents of Buffalo, urges the Environmental Protection Agency to move swiftly to fully employ and enforce the Clean Air Act to do their part to reduce carbon in our atmosphere to 350 parts per million or less; and Therefore Be It Finally Resolved: That copies of this resolution be sent to the Administrator of the EPA, the Clean Air Coalition, the Western New York State delegation of the Assembly and Senate, New York State Senator's Schumer and Gillibrand and President Barack Obama for their comments. ADOPTED NO. 100 BY DEMONE A. SMITH APPOINTMENTS COMMISSIONER OF DEEDS 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. Alexander W. Cornwell Thomas A. Gaglione Carolyn L, Johnson Rosaria Lucinski George E. Stokes Total: 5 ADOPTED NO. 101 BY: DEMONE A SMITH APPOINTMENTS COMMISSIONER OF DEEDS That the following person(s) are hereby appointed as Commissioner of Deeds for the term ending December 31, 2014, conditional, upon the person so appointed certifying under oath to their qualifications and filing same with the City Clerk: Lyndsey Barnes James Bittner Bro. Rudolphus Boaus Jr. Carol Burns Chris Chiodo Christopher J. Fahey Richard M. Finnegan John Michael Ford Theresa Kennedy Walter E. Koch III Bonnie Kane Lockwood Bao X. Mai Jason P. Porter Megan Rizzuto Evelyn Williams TOTAL: 15 ADOPTED NO. 102 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, May 7, 2013 at 9:45 o'clock AM Committee on Finance Tuesday, May 7, 2013 at 10:00 o'clock AM following Civil Service Committee on Comm. Dev. Tuesday, May 7, 2013 at 1:00 o'clock PM Committee on Legislation Tuesday, May 7, 2013 at 2:00 o'clock PM Special Committees (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 aiven for notification. it will be provided. In addition. there may be meetinas set uD wherebv the Citv Clerk's Office is not made aware: therefore. unless we receive notice from the respective Chairmen. we can only make notification of what we are made aware NO. 103 ADJOURNMENT On a motion by Mr. Smith, Seconded by Mr. Pridgen the Council adjourned at 3:18 PM GERALD CHWALINSKI CITY CLERK