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Home My WebLink About13-0917NO. 17 PROCEEDINGS OF THE CITY OF BUFFALO SEPTEMBER 17, 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 September 17, 2013 FINAL MAYOR MAYOR - EXECUTIVE 1. Cit Serv- Assignment and Assumption Agmt Btwn Lagan Tech & COB APP 2. Cit Serv- Submission of Monthly Report- August 2013 R &F 3. Plan Bd -SEQR- Negative Declaration -2563 Bailey Ave(Univ) R &F 4. Plan Bd -SEQR- Negative Declaration -40 Churchill Street(North) R &F 5. Plan Bd -SEQR- Negative Declaration -501 7 th St(Ell) R &F 6. Plan Bd -SEQR- Negative Declaration -141 Elm St(Fill) R &F COMPTROLLER 7. Audit Report- Contract for Operations Erie Basin Marina -2008 to 2012 FIN 8. Certificate of Necessity - Capital Projects R &F COUNCIL PRESIDENT 9- 8A GBSEC Desires to Develop Buffalo Outer Harbor CD PUBLIC WORKS 10- 9. Change in Contract - City -Wide Curb & Sidewalk Repl APP 11- 10. Change in Contract - City -Wide Street Resurfacing Ph I APP 12- 11. Change in Contract - Ellicott St Gateway Project(Ell) APP 13- 12. Change in Contract -Fire and Police Quick Action Plan(Var) APP 14- 13. Encroachment Within City ROW -91 Holt St APP 15- 14. Permission to Enter Supplemental Agmt W /NYSDOT- Bailey Ave Bridges APP 16- 15. Permission to Increase Contract - Humboldt Basin Improvements(Mas) APP 17- 16. Permission to Make Payment to Atlantic Polymers Group - Humboldt Basin Improvements(Mas) APP 18- 17. Permission to Scrap Vehicles- Cd- 31,S- 22 -CD, CDT -20, E -622 APP 19- 18. Permission to Trade In vehicles- CD -34, CD -911, CD -12, CD -17 & 3 Bobcats APP 20- 19. Report of Bids -City Hall Cafeteria -Sue's Deli APP 21- 20. Report of Bids - Police Headquarters Floor Tile Removal- Asbestos Monitoring APP 22- 21. Request to Purchase Equipment- Street Sweeper APP 23- 22. Response to Audit Report Re Contract for Operations Erie Basin Marina FIN FIRE 24- 23. Appoint Battalion Chief(Perm)(Bossi, Graham, Meldrum, Flaherty, Murphy, Reid) CS 25- 24. Appoint Captain (Perm)(Breski, Mendola, Robertson, Majtyka - Hartman, Muscarella, Donovan, Hoare, Mann, Gooch CS 26- 25. Appoint Division Chief(Perm)(Biasillo, Lamacchia) CS 27- 26. Appoint Lieutenant (Perm)(Prom) (Con nelly, Farrell, Eaton, O'Shei, Kelley, Charvat, Sikora, Vivian, Nieves, Smith, Mulderig, O'Donnell, Murzynowski, Flanagan, Wilkinson, Cohill, Flett, Cassel, Bannister, Luthringer, Scanlon, Panaro, Wachowski) CS CORPORATION COUNSEL 28- 27. BRACO- Request refund for Excess Real Property Taxes - 2012 -2013 Tax Yr APP 29- 28. Request Settlement- Peacock and LeFort for Claims APP PERMITS AND INSPECTIONS 30- 29. Food Store License(New) -2502 Bailey(Lov) LEG 31- 30. Food Store License(New) -2906 Bailey(Mas) LEG 32- 31. Food Store License(New) -427 Tonawanda(North) APP 33- 32. Response for Application for Restricted Use Permit -67 W. Chippewa R &F CITY CLERK 34- 33. Board of Ethics Meeting Minutes - 04/23/2013 R &F 35- 34. Restricted Use Permit -75 W. Chippewa(09 /20 /13)(EII) APP 36- 35. Restricted Use Permit -75 W. Chippewa(10 /04 /13)(EII) LEG 37- 36. Restricted Use Permit -75 W. Chippewa(10 /18/13)(EII) LEG 38- 37. Liquor License Applications R &F 39- 38. Reports of Attendance R &F 40- 39. Notices of Appointments- Temp /Prov /Perm CS MISCELLANEOUS 41- 40. L.P. Ciminelli -Board Packet Documents September 2013 ED 42- 41. S. Fitzmaurice- Address Change for One HSBC Center LEG 43- 41AA. M. Holman -Stop the Violence Coalition Inc Pursue Lease at 1532 Genesee St FIN 44- 41A. K. Keenan- Resp- Moratorium on Demolition of St. Ann's RC Church CD 45- 41 B. D. Pridgen -Info Reg Preservation Appeal for Ellicott Dev Co -295 Main St APP PETITIONS 46- 42. J. Daly, Owner, Use 1553 Hertel for an Outdoor Patio with Music at the Rear of Rest In the Hertel Ave Special District(Del)(hrg 9/24) LEG,CPBD RESOLUTIONS 69- 42A Fontana, etc Telecommunications PEG Program Schedule FIN 70- 43. FranczykRequest to Change Name of HSBC From One HSBC to One Seneca Tower ADOPT 1 sc and 3rd RES, Rem to LEG 71- 44. Franczyk Waive Special Events Permit fee for Central Terminal Restoration Corp "Mini -Fest" APP 72- 44A. LoCurto Waive Permit Fees for Parkside Oktoberfest 5K APP 73- 45. Pridgen Prohibit Parking in Front of Bflo City Court APP 74- 45AA Smith Trailblazing Sign Request for Bishop James Bowman Sr. APP 75- 45AB Pridgen Traffic Concerns During Events ADOPT 76- 45A Rivera Waiver of Fees - Crossing to Freedom Together SUBMISSION LIST OF COMMITTEE ITEMS FOR THE COUNCIL MEETINGS ND /11WA:IT /1619 47- 1. Com 40 Sept 3 Honoring Our Ancestors - Broderick Park APP 77- 45B Rivera Waiver of Fees for People United for Sustainable Housing's APP 49- 3. Com 42 Sept 3 Annual Membership Meeting APP 78- 46. Scanlon Capital Budget Amendment - Capital Projects APP 79- 47. Scanlon, etc Waive Event Fees for Robby Takac's Music is Art Festival and 51- 5. No 61 Sept 3 C. Bannister -Perm to Discuss the New Registration Program for STAR Chef's Rest 90 Ann. Celebration "The World's Largest Pasta 52- 6. No 62 Sept 3 K. Brant - Request to Purchase Computer Dinner" APP 80- 48. Smith Comm of Deeds - Public Duties ADOPT SUBMISSION LIST OF COMMITTEE ITEMS FOR THE COUNCIL MEETINGS ND /11WA:IT /1619 47- 1. Com 40 Sept 3 Appoint Laborer II(Temp)(Inter)(Orcutt)(PW) APP 48- 2. Com 41 Sept 3 Appoint Supervisor of Street Sanitation (Temp)(Inter)(Driscol1)(PW) APP 49- 3. Com 42 Sept 3 Appoint Associate Account Clerk(Prov)(Inter)(Gray)(PW) APP 50- 4. Com 60 Sept 3 Notices of Appointments- Temp /Prov /Perm(CS) R &F FINANCE 62- 16. Com 50 51- 5. No 61 Sept 3 C. Bannister -Perm to Discuss the New Registration Program for STAR R &F 52- 6. No 62 Sept 3 K. Brant - Request to Purchase Computer APP 53- 7. No 41 Oct 16 R. Fontana -T. Barrett - Request to Speak Re Treatment of Injured Second Hand Dealer -1175 Hertel (aka 1183)(Del)(EDPI) 54- 8. Com 16 Apr 2 COMMUNITY DEVELOPMENT 55- 9. Com 23 Sept 3 56- 10. Res 64 Mar 2 LEGISLATION APP 57- 11. No 76 Sept 3 58- 12. No 77 Sept 3 59- 13. No 78 Sept 3 60- 14. Com 45 Sept 3 61- 15. Com 49 Sept 3 62- 16. Com 50 Sept 3 63- 17. Com 51 Sept 3 64- 18. Com 52 Sept 3 65- 19. No 85 July 9 67- 21. Com 29 May 14 68- 22. Com 20 May 28 Firefighters at ECMC(Great Lakes Physicians) R &F Response -Urge COB to Reevaluate Relationships With Banks /Lenders(Compt) R &F Change in Contract -Coca Cola Field -Sound System(EII)(PW) APP Community Benefits Agmt -Canal Side Dev Project (except 1 & 3 RD Res) R &F E. Gelley, Owner, Use 488 Franklin to Convert a Business to a Restaurant in the Allen St. Special District(Fill)(hrg 09/10) APP K. Kinan, Owner, Use 478 Elmwood to Reestablish Use of A Sit in Restaurant (Nia)(hrg 09/10) APP J. Kobylanski, Agent, Use 1488 Hertel for a Restaurant in the Hertel Ave Business District(Del)(hrg 09/10) RECOMMIT Used Car Dealer -2687 Bailey (Univ)(EDPI) RECOMMIT Restricted Use Permit -69 W. Chippewa- 09/19/2013(Cty Clk) APP Restricted Use Permit -69 W. Chippewa-1 0/1 0/2013(CtyClk) A PP Restricted Use Permit -69 W. Chippewa- 10/31/2013(Cty Clk) DENY Restricted Use Permit -69 W. Chippewa-1 1/1 4/2013(Cty Clk) RECOMMIT Denied Installation of New Awnings at 295 Main St(Fill)(Pres Bd) (pub hrg 7/2)( #3, 06/11) R &F C. Paladino, Owner, Use 960 Busti for an LED Wall Sign(Nia) (no pub hrg)( #37,5/28) APP Food Store License New -1175 Hertel AKA 1183Y2 Hertel(Del)(EDPI) RECOMMIT Second Hand Dealer -1175 Hertel (aka 1183)(Del)(EDPI) APP CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO TUESDAY, SEPTEMBER 17, 2013 AT 2:00 P.M. Present — Richard A. Fontana, President of the Council, and Councilmembers: Franczyk, Golombek Jr., LoCurto, Pridgen, Rivera, Russell, Scanlon, Smith— 9 Absent --0 On a motion by Mr. Smith, Seconded by Mrs. Russell, the minutes of the stated meeting held on September 3, 2013 were approved FROM THE MAYOR - EXECUTIVE DEPARTMEN FROM THE OFFICE OF CITIZEN SERVICES NO. 1 CIT SERV- ASSIGNMENT AND ASSUMPTION AGMT BTWN LAGAN TECH & COB The Office of Mayor, Division of Citizen Services, hereby submits, for your Honorable Body's review the Assignment and Assumption Agreement between Lagan Technologies Inc. and the City of Buffalo. Lagan was acquired by KANA Software, Inc. in late 2010. It was a share sale, so Lagan is a wholly owned subsidiary of KANA. Lagan Technologies Inc. the vendor of the City of Buffalo's 311 call center software was acquired by KANA Software and KANA is assuming all obligations, rights, title and interest that were held by Lagan Technologies Inc. This form has been reviewed and approved by the Law Department and we are seeking approval from this honorable body to proceed with Assignment and Assumption agreement by City and Lagan Technologies Inc. and KANA Software. Mr. Smith moved: That the above item be, and the same hereby is, returned to the Common Council with a recommendation for approval; That the Common Council hereby authorizes the Director of the Department of Citizen Services to enter into an Assignment and Assumption Agreement between the City of Buffalo 311 Call Center and Lagan Technologies, Inc. and KANA Software. Lagan Technologies, Inc. was acquired by KANA Software and is assuming all obligations, rights, title and interest that were held by Lagan Technologies, Inc. PASSED AYES 9, NOES 0 NO. 2 CIT SERV- SUBMISSION OF MONTHLY REPORT - AUGUST 2013 The Office of Mayor, Division of Citizen Services, hereby submits, for your Honorable Body's review and approval, the monthly reports for the Mayor's Call and Resolution Center for August of 2013, as mandated by Section 6 -20(c) of the City of Buffalo's City Charter. This quarterly statistical report details the number and nature of inquiries, requests and complaints received. 10x61:1D /AIN- FROM THE CITY PLANNING BOARD NO. 3 PAN BD -SEQR- NEGATIVE DECLARATION -2663 BAILEY AVE(UNIV) SEQRA Notice of Determination Non Significance Negative Declaration This notice is issued pursuant to Pert 617 of the implementing regulations pertaining to Article 6 (SEQR - State Environmental Quality Review) of the Environmental Conservation Law. Lead Agency: City of Buffalo Planning Board Room 901, City Hall 65 Niagara Square Buffalo New York 14202 As per the provisions of SEQR, the Lead Agency has reviewed the following action as it relates to the environment: Action Title: St. Gerard's Community Learning Center Location: 2563 Bailey Avenue Type of Action: Unlisted- Uncoordinated Description: TrautmanAssociatosonbehalfofGerardPlaceiaproposingtherenovationofthe building located at 2563 Bailey Avenue. The goal of this project is to create the Gerard Place Community Center which will serve as an education, training and family support hub in the 14215 neighborhood. Once complete the facility will offer access to GED training at the Center or in the adjacent Gerard Place Building. There will be training in a minimum of four fields of study including nursing assistants, home healthcare aide, and licensed practical nursing, childcare service and hospitality /food service. A gymnasium for community use after school and on weekends targeted to families will be available. The existing abandoned school building contains a large gymnasium /auditorium, some gathering spaces, and a bowling alley on the first floor. The second floor contains nine existing classrooms and some bathroom space, Due to neglect over the years a majority of the interior spaces require rejuvenation before the building is occupied. A three phase renovation is planned which will first address the issues with the building envelope and accessibility issues. The existing roof and windows systems will be replaced with more efficient systems. An exterior ramp will be added to the sooth entrance which will act as the main entry point. An elevator will be added to provide access from the first (ground) floor to the second floor. The second phase will address the need for employment training for health care fields and a space for safe after school programs followed by renovation of a portion of the first floor to become a thrift store. Phase three includes the renovation of the kitchen and cafeteria and the addition of a food service training program. Phase three will also complete community recreation spaces and result in a community center with the capacity to meet the needs of the neighborhood individuals and families. The project will be privately funded in the amount of 3,700,000. Construction is anticipated to begin in the spring of 2014 and be complete in the fall 2616. Now landscaping will be completed on the site as well as exterior improvements to the building. The majority of the work will be to the interior of the building. As a result of this Environmental Review, the Lead Agency has determined the undertaking of This action will not have a significant adverse affect on the quality of the environment. No further environmental review of this action will be conducted prior to project implementation and a Draft Environmental Impact Statement will not be prepared. Reasons Supporting This Determination: The facts and reasons for this decision are as follows: this project will allow for the renovation of a significant building located in Downtown Buffalo that has been vacant for many years providing jobs during renovation activities as well as new housing opportunities for current and future urbanites. 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 ere no actions related to the construction of this project which will have a significant adverse impact on the environment. For further information relative to this Negative Declaration, contact Mr. Martin Grunzweig, Land Use Controls Coordinator, Room 901 City Hall, Buffalo New York 14202 - 716 851 -5085 Dated: September 10, 2013 RECEIVED AND FILED NO.4 PLAN BD -DEQR- NEGATIVE DECLARATION -40 CHURCHILL STREET(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 (SEQR - State Environmental Quality Review) of the Environmental Conservation Law. Lead Agency: City of Buffalo Planning Board Room 901, City Hall 65 Niagara Square Buffalo New York 14202 As per the provisions of SEQR, the Lead Agency has reviewed the following action as it relates to the environment: Action Title 40 Churchill Street Paving Location: 40 Churchill Street Type of Action: uncoordinated - unlisted Description: Tredo Engineers is proposing on behalf of 40 Churchill Street the expansion of the paved surface located at 40 Churchill Street Buffalo New York. The parcel is currently zoned M -1 -Light Industrial. The facility on site is currently used for storage of art supplies. The property is secured with an existing chain link fence. An existing one story metal building and paved surface entrance is to remain. The site is predominantly lawn and there are no trees on site. The proposed development includes a new driveway curb cut and 15,400 sq. of paved surface expansion to provide egress and on site maneuvering space for tractor - trailer delivery vehicles and additional staff parking. Drainage improvements include surface detention and new culvert connections to the main sewer in Churchill Street. Existing low -level overhead wires within the right of way are proposed to be raised to allow truck egress to the site. No improvements to the existing structure or other utilities are included. Additional landscaping will be added and existing landscaping will he enhanced as it was not completed during the first phase of this project. 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 identified potential negative impacts appear to be primarily short -term site preparation and construction related activities, and do net appear to be significant in magnitude or effect. The project will aid the movement of vehicles on this site as well as beautify the area with the new landscaping improvements. There ere 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, and Buffalo New York 14202 - 716 851 -5085 Dated: September 10, 2013 RECEIVED AND FILED NO. 6 PLNAN BD -SEQR- NEGATIVE DECLARATION -601 7` ST(ELL) SEQRA NOTICE OF DETERMINATION NON SIGNIFICANCE NEGATIVE DECLARATION This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (SEAR - State Environmental Quality Review) of the Environmental Conservation Law. Lead Agency: City of Buffalo Planning Board Room 901, City Hall 65 Niagara Square Buffalo New York 14202 As per the provisions of SEAR, the Lead Agency has reviewed the following action as it relates to the environment: Action Title: VazeTuez Family Practice Medical Offices Location: 501 7 Street (Seventh) Type of Action: coordinated - unlisted Description: John Haas Architect, PC is proposing on behalf of Vazquez Family Practice the construction of a medical office building located at 501 7th Street (Seventh) Buffalo New York. The existing site a vacant, 18,942 SF (.044 acre) with an existing residence to the north side (unoccupied) and to the south side. The property is zoned R -3 adjoining a C -2 site with an existing medical facility managed by Dr. Vazquez, The proposed new community medical office building will be 80'x 110', located to the west side of the property along 7 Street. The existing parking area at the current medical office building will be expanded onto the east side of the property between the existing and proposed building. The main entrance to the proposed building is from this new parking area with no access from 7t, Street. A six foot high stockade style vinyl fence; match /reuse portion of existing is to be installed along the north and south property lines as well as return to the proposed building along the 7 Street side. The proposed building (8800 SF per floor) will be two stories tall with an additional occupied basement level. The entire building will be ADA compliant and accessible with at- grade entrances and an elevator in the building. 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 new medical facility will allow Dr. Vasquez to and provide more comprehensive medical services to the lower West side and surrounding community that at times appears to be medically underserved. 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, and Buffalo New York 14202- 716 851 -5085 Dated: September 10, 2013 RECEIVED AND FILED NO. 6 PLAN BD -SEQR- NEGATIVE DECLARATION -141 ELM ST(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 (SEQR - State Environmental Quality Review) of the Environmental Conservation Law. Lead Agency: City of Buffalo Planning Board Room 901, City Hall 65 Niagara Square Buffalo New York 14202 As per the provisions of SEQR, the Lead Agency has reviewed the following action as it relates to the environment: Action Title The Planing Mill Renovations /Parking Location: 141 Elm Street AKA 456 Michigan Avenue Type of Action: Unlisted - Uncoordinated Description: C &S Companies on behalf of the owner is proposing a building renovation with parking located at 141 ElmStreetAKA456 Michigan Avenue. The proposed plan includes parking lot improvements showing landscaping, modified curb cuts, site lighting, fencing and building entrance treatments /vestibule additions. The majority of the work will be to the interior however any changes to the elevations of the building including necessary window replacement will be in kind. The plan for the building is to provide commercial space in a lower level and residential /apartments on the upper floors. Features of the building over ell will be preserved and structural improvements to the exterior are planned. A neighborhood meeting is planned to discuss the various aspect of the project with the surrounding community As a result of this Environmental Review, the Lead Agency has determined the undertaking of This action will not have a significant adverse affect on the quality of the environment. No further environmental review of this action will be conducted prior to project implementation and a Draft Environmental Impact Statement will not be prepared. Reasons Supporting This Determination: The facts and reasons for this decision are as follows: this project will allow for the renovation of a significant building located in Downtown Buffalo that has been vacant for many years providing jobs during renovation activities as well as new housing opportunities for current and future urbanites, The identified potential negative impacts appear to be primarily short -term site preparation end 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 85t -5085 Dated: September 10, 2013 RECEIVED AND FILED FROM THE COMPTROLLER NO. 7 AUDIT REPORT - CONTRACT FOR OPERATIONS ERIE BASIN MARINA -2008 to 2012 Attached is the audit report on the contract for operation of Erie Basin Marina for the years 2008 - 2012. The audit found that the operator, Brand -On Services, owes the City $343,245 in rent after underpaying the city in each of the past five years. It is also worth noting that 20,000 gallons of gasoline are unaccounted for. Brand -On's fuel supplier informed auditors that it supplied the company 383,173 gallons of gas over the five -year audit period. Brand -On reported to the City that it only sold 362,484 gallons during that time. In addition to the missing gas, Brand -On has been underpaying the city on the gas it did report. The contract stipulates that Brand -On pay the City 10 percent of gas sales. Brand -On has been paying the City 10 cents per gallon, significantly less than it should have been paying. Between underpaying on the gas it did report, and not paying anything on the 20,000 gallons that are unaccounted for, Brand -On owes the City $82,923 for gasoline sales alone. The remaining $260,322 owed to the city comes from unauthorized deductions in rent and underreporting of sales from the store, restaurant, and slip rentals. We recommend that the City pursue payment of the $343,245 from Brand -On Services, and that the City terminate its contract with this vendor and look for other firms to operate the marina and restaurant. The Commissioner of Public Works agrees with these recommendations in his response, which is attached. If you have any questions, please feel free to contact me or Executive Assistant to the Comptroller Patrick Curry. Mark J. F. Schroeder Comptroller REFERRED TO THE COMMITTEE ON FINANCE N08 CERTIFICATE OF NECESSITY - CAPITAL PROJECTS CAPITAL BUDGET AMENDMENT We, Byron W. Brown, Mayor and Mark J. F. Schroeder, Comptroller, do hereby certify, pursuant to Section §20 -28 of the Charter, that it is necessary to authorize an increase in indebtedness for Capital Projects Program, provided by the Common council prior to January 1, 2013 for the ensuing fiscal year, by adding the following item: Capital Projects - Public Works - Historical Society Electrical Renovations $530,000 It is hereby certified, pursuant to Section 3 -19 of the Charter, that the immediate passage of the foregoing Capital Budget Amendment is necessary. BYRON W. BROWN MAYOR MARK J. F.SCHROEDER COMPTROLLER RECEIVED AND FILED FROM THE PRESIDENT OF THE COUNCIL NO. 9 GBSEC DESIRES TO DEVELOP BUFFALO OUTER HARBOR Dear Mr. Fontana: As you know, our company, Greater Buffalo Sports & Entertainment Complex LLC ( "GBSEC ") is desirous of developing the outer harbor of Buffalo for multi purposes. We propose to pay to the City of Buffalo 10% of profits of GBSEC for life in exchange for the land once the project has been finally completed. We would appreciate a 9 -12 month option for us to proceed in planning and developing the 200 acres of outer harbor property plus enough acreage to complete the project. Our intention is to build a sports and entertainment domed stadium of 72,000 seats, a convention center of 45,000 seats, one or more hotels, a public park and the infrastructure to support the project. Thank you for your consideration. Very truly yours, Nicholas J. Stracick Managing Partner Kristy L. Mazurek, CEO President REFERRED TO THE COMMITTEE ON CONNUNITY DEVELOPNENT FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO 10 CHANGE IN CONTRACT GROUP #768 CITY -WIDE CURB & SIDEWALK REPLACEMENT CONTRACT #93001151 PRIOR COUNCIL REFERENCE: #31 of 4/16/13 1 hereby submit to your Honorable Body the following quantity additions to the contract for the above named Project. This change order is necessary to continue curb and sidewalk replacement work through the end of the 2013 construction season. Existing Contract Amount $1,380,091.85 Increase in Contract $ 138,009.19 Total Contract to Date $1,518,101.04 Funds for the contract increase are available in Capital Projects Account # 32000006 - 445100 and /or an account to be named at a future date. I respectfully certify that this change order is fair and equitable for the work involved, and respectfully request that Your Honorable Body approve the subject change order and authorize the Commissioner of Public Works, Parks & Streets to issue said change order to Campobello Construction Co. 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 September 11, 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 $138,009.19 (Original Contract Amount $1,380,091.85 + Change Order #1 $138,009.19 for a Revised Contract Amount of $1,518,101.04) for City -wide curb and sidewalk replacement work through the end of the 2013 construction season, to Campobello Construction Co., C #93001151. Funds for this work are available in Capital Account #32000006 - 445100 and /or an account to be named at a future date. PASSED AYES 9, NOES 0 NO. 11 CHANGE IN CONTRACT GROUP #765A CITY -WIDE STREET RESURFACING PHASE I CONTRACT #93001150 PRIOR COUNCIL REFERENCE: #22 of 4/30/13 1 hereby submit to your Honorable Body the following quantity additions to the contract for the above named Project. This change order is necessary to continue street resurfacing work through the end of the 2013 construction season. Existing Contract Amount $2,742,378.50 Increase in Contract $ 274,237.95 Total Contract to Date $3,016,617.45 Funds for the contract increase are available in Capital Projects Account # 32000006 - 445100 and /or an account to be named at a future date. I respectfully certify that this change order is fair and equitable for the work involved, and respectfully request that Your Honorable Body approve the subject change order and authorize the Commissioner of Public Works, Parks & Streets to issue said change order to Destro Brothers Concrete Co, Inc. 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 September 11, 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 $274,237.95 (Original Contract Amount $2,742,379.50 + Change Order #1 $274,237.95 for a Revised Contract Amount of $3,016,617.45) for City -wide street resurfacing work through the end of the 2013 construction season, to Destro Brothers Concrete Co., Inc., C #93001150. Funds for this work are available in Capital Account #32000006 - 445100 and /or an account to be named at a future date. PASSED AYES 9, NOES 0 NO. 12 CHANGE IN CONTRACT ELLICOTT ST. GATEWAY PROJECT BNMC -PHASE 2 CONTRACT #93001110 PIN #5757.59 ELLICOTT DISTRICT Contract Summary: $2,823,280.10 Contract Amount $ 68,505.08 + Amount of change order( #1) $2,8 91,785 18 Revised Contract Amount City share of Change Order ( #1) - 5% or $3,425.25 1 hereby submit to your Honorable Body the following change for this contract. Concrete Applied Technologies Corp. (CATCO) is the Contractor for the Ellicott St. Gateway - BMNC - Phase 2 Project for the City of Buffalo. This contract provided for the construction of the project. This increase is necessary to allow the City of Buffalo to completely own the LED Street Lighting System being installed along this corridor. This will be the first LED Street Lighting System in the City of Buffalo. An itemized list of items included for this change is attached. This is a federally funded project and the funding breakdown is 80% Federal, 15% State and 5% City. I certify that this increase is fair and equitable for the work involved. I respectfully request that your Honorable Body approve the subject change order and authorize the Commissioner of Public Works, Parks and Streets to issue said increase for $68,505.08. Of this amount, 5% or $3,425.25 is the City share of the change. The Federal and State portions (95 %) have already received approval. The funds are available in Capital Project Account #31692206- 445100. 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 September 9, 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 $68,505.08 (Original Contract Amount $2,823,280.10 + Change Order #1 $68,505.08 for a Revised Contract Amount of $2,891,785.18) for the Ellicott Street Gateway BNMC - Phase 2 Project for the City of Buffalo, to Concrete Applied Technologies Corp., C #93001110. Funds for this work are available in Capital Account #31692206- 445100. PASSED AYES 9, NOES 0 NO. 13 CHANGE IN CONTRACT FIRE AND POLICE DEPARTMENTS QUICK ACTION PLANS JOB #1215 VARIOUS DISTRICTS I hereby submit to Your Honorable Body the following changes for the Fire and Police Departments, Quick Action Plans, Cannon Design, C #93000951. 1. Interface Crisis Management System with the BFD Add $283,488.92 Computer Aided Dispatch System, and Buffalo Board Of Education Camera System. Additional high risk Facilities to be mapped for the BFD Quick Action Plans (QAPs) The foregoing change results in a net increase in the contract of Two Hundred Eighty -Three Thousand Four Hundred Eighty Eight and 92/100 Dollars ($283, 488.92). Summary: Original Contract Amount $545,960.00 Amount of Previous Change Orders $ 85,614.51 Amount of This Change Order ( #2) $283,488.92 Revised Contract Amount $915,053.43 1 certify that this increase is fair and equitable for the work involved and respectfully request that Your Honorable Body approve the subject change order and authorize the Commissioner of Public Works, Parks & Streets to approve the change order. Funding for this change order is available in 24930006 - 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 September 5, 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 $283,488.92 (Original Contract Amount $545,950.00 + Change Order #1 $85,614.51 + Change Order #2 $283,488.92 for a Revised Contract Amount of $915,063.43) for the Fire and Police Departments Quick Action Plans, to Cannon Design, C #93000951. Funds for this work are available in Account #24930006 - 445100. PASSED AYES 9, NOES 0 NO. 14 91 HOLT STREET - ENCROACHMENT INTO CITY RIGHT OF WAY Mr. Michael Billoni, Director of Public and Community Relations for the Food Bank of WNY, located at 91 Holt Street, has requested permission to encroach City right of way at said address. The Food Bank of WNY is requesting permission to install a large trash compactor within the Lyman Street right of way at said address. This portion of Lyman Street is unimproved, it is not paved, it is grass covered, and not used by the city. The trash compactor will allow the Food Bank of WNY to dispose of damaged or expired products in a sanitary manner and is critical to the operation. The Department of Public Works, Parks, and Streets has reviewed this request in accordance with Chapter 413 -67 (Encroachment regulations) of the City Charter and recommends that Your Honorable Body refer this item to the Planning Board for the necessary site plan review and approval. If approved by the Planning Board and Your Honorable Body, the commissioner will issue a "Mere License" for installation provided the following conditions are met: 1. That the application obtain any and all other City of Buffalo permits necessary including a building permit from the Department of Permit and Inspection Services. 2. That the encroachment be installed exactly as shown on plans submitted to and approved by the Department of Permit and Inspection Services. 3. That the applicant be responsible for maintenance of the trash compactor as long as it remains within City right of way. 4. That the applicant supply the City of Buffalo with a certificate of insurance which will indemnify and save harmless the City of Buffalo against any and all loss and damage arising out of the construction, maintenance, use and removal of said trash compactor. 5. In the event the Commissioner of Public Works, Parks, and Streets determines the encroachment must cease as a result of factors effecting the health, safety and welfare of the public, or the needs of the city, the Commissioner may order the immediate removal of said encroachment. 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 September 11, 2013, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to issue a "Mere License" to Mr. Michael Billoni, Director of Public and Community Relations for the Food Bank of WNY to install a large trash compactor within the Lyman Street right of way at said address provided the following conditions are met: 1. That the applicant obtain any and all other City of Buffalo permits necessary, including a building permit from the Department of Permits and Inspection Services; 2. That the encroachment be installed exactly as shown on plants submitted to and approved by the Department of Permits and Inspection Services; 3. That the applicant be responsible for maintenance of the trash compactor as long as it remains within the City right -of -way; 4. That the applicant supply the City of Buffalo with a certificate of insurance which will indemnify and save harmless the City of Buffalo against any and all loss and damage arising out of the construction, maintenance, use and removal of said trash compactor; and 5. In the event the Commissioner of Public Works, Parks and Streets determines the encroachment must cease as a result of factors effecting the health, safety and welfare of the public, or the needs of the City, the Commissioner may order the immediate removal of said encroachment. PASSED AYES 9. NOES 0 NO. 15 PERMISSION TO ENTER INTO SUPPLEMENTAL AGREEMENT NO. 3 W /NYSDOT FOR BAILEY AVENUE BRIDGES - PIN 5756.34 OVER CAZENOVIA CREEK & BUFFALO RIVER LOVEJOY, SOUTH DISTRICT Permission is requested from Your Honorable Body to authorizing the Mayor to enter into all necessary agreements with the New York State Department of Transportation (NYSDOT) for the Preliminary Engineering (Scoping & Design I -VI) and Right -of -Way (Incidental & Acquisition) phases of the project related to Replacement of the Bailey Avenue Bridges Over Cazenovia Creek & Buffalo River. In addition, permission is requested for Commissioner of Public Works, Parks and Streets to pay in the first instance 100% of the Federal and Non- Federal shares of the necessary total costs of the project phases of which the federal share is reimbursable. City share of total project costs is anticipated to be 5 %. Funds for the project will be available in our Capital project Account for the Local Match of the Federal Aid projects. 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 September 11, 2013, be received and flied; and That the Common Council hereby authorizes the Mayor to enter into all necessary agreements with the New York State Department of Transportation (NYSDOT) for the Preliminary Engineering (Scoping & Design I -IV) and Right -of -Way (Incidental & Acquisition) phases of the project related to the replacement of the Bailey Avenue bridges over Cazenovia Creek and the Buffalo River; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to pay in the first instance 100% of the Federal and Non - Federal shares of the necessary total costs of the project phases of which the federal share is reimbursable. Funds for this project are available in Capital Project Account for the Local Match of the Federal Aid Projects. PASSED AYES 9, NOES 0 NO. 16 PERMISSION TO INCREASE THE CONTRACT MAN O'TREES INC. - CONTRACT # 93000785 DR. MARTIN LUTHER KING JR. PARK HUMBOLDT BASIN IMPROVEMENTS PROJECT MASTEN DISTRICT I hereby submit to your Honorable Body the following change for this contract. Man O'Trees Inc. is the contractor for MLK Park, Humboldt Bain Improvements project. This increase is necessary for the following additional works by contractor: Provide and install electric Requirements in the Pump Vaults. Revision in Casino Electrical Room, Code Required. Provide and Install Sump Pump Level alarm in the three Equipment Vault Sump. Provide and install 3- Trane unite Heaters & VFD panel heaters. Provide and Install Lane ladder up -posts in three equipment Vaults. Previously approved Contract Amount: $3,178,375.45 This Cost increase: $ 67,980.98 Total: $3,246,356.43 1 certify that this increase is fair and equitable for the work involved and respectfully request that your Honorable Body approve the subject change order and authorize the Commissioner of Public Works. Parks and Streets to issue said increase for $ 67,980.98 Funds for this project will be available in capital project Account # 32400406 - 445100 and in an account (s) to be named at a later date. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets, dated September 11, 2013, be received and filed, and That the Commissioner Of Public Works, Parks and Streets, be, and he hereby is authorized to increase the contract with Man O'Trees Inc. for the MLK Park, Humboldt Basin Improvement project, in the amount of $67,980.98 (Previously Approved Contract Amount $3,178,375.45 + Cost Increase $67,980.98 for a Total Contract Amount of $3,246,356.43) for installation of electric requirements in the pump vaults; revisions of the casino electrical room, code required; installation of sump pump, level alarm in the three equipment vault sump; installation of 3 -Trane unit heaters and VFD panel heaters; and installation of lane ladder up -posts in three equipment vaults. Funds for the project will be available in Capital Project Account #32400406 - 445100 and an account(s) to be named at a later date. PASSED AYES 9, NOES 0 NO. 17 PERMISSION TO MAKE PAYMENT ATLANTIC POLYMERS GROUP, INC, DR. MARTIN LUTHER KING JR. PARK HUMBOLDT BASIN IMPROVEMENTS PROJECT MASTEN DISTRICT The newly finished surface of the concrete basin at MLK Park per contract required additional treatment above the contract specification to optimize safety. We evaluate several methods to rectify the situation. Shot blast or power wash were two effective available methods. In order to move this project forward and finishing the project on time for the opening of the basin for the start of summer season, this Dept. requested and received the following emergency cost proposal for the Shot Blasting or power wash the concrete basin for removing the sheen and creating a rough profile for the concrete surface from the following contractor: Shot Blasting - Unit Cost Power Wash - Unit Cost Atlantic Polymers Group, Inc. $ 0.22 per square foot CDH Seamless Floors, Inc. $ 0.82 per square foot Atlas Paiting and Sheeting Corp. $ 0.25 per square foot Based on their qualification, expertise and understanding of scope of the work, we awarded the work to Atlantic Polymers Group, Inc. I certify that the Unit Cost is fair and equitable for the work involved and respectfully request that your Honorable Body for permission to make payment to the Atlantic Polymers Group for amount of $ 44,000.00 Funds for this project will be available in an account (s) to be named at a later date. Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated September 11, 2013, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to make payment to the Atlantic Polymers Group for the amount of $44,000.00 for power washing the concrete basin for removing the sheen and creating a rough profile for the concrete surface at MLK Park. Funds for this project will be available in an account(s) to be named at a later date. PASSED AYES -9 NOES -0 NO. 18 PERMISSION TO SCRAP VEHICLES C D -31, S -22 -C D, C DT -20, E -622 The Dept. of Public Works is requesting permission to dispose of the following listed vehicles by means of salvage: 11 CD -31 1992 Dodge Pick- up;L- 52741;187KE26ZONS606034 2) S- 22 -CD. 1993 Ford Flatbed ;C- 18605;2FDLF47M3PCB847391 3) CDT -20 1996 Cross Country Trailer; L-52733; 1 C9FS162OT1432907 4) E -622 1999 Chevy Astro Van;1 GCDL19WSXB169192 The above listed vehicles are damaged, obsolete, and irreparable. They have been determined to be unsafe and not road worthy. 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 September 4, 2013, be received and filed; That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to dispose of the following listed vehicles by means of salvage as they are damaged, obsolete and irreparable, and have been determined to be unsafe and not road worthy: CD -31 - 1992 Dodge pickup, L -52741 • S -22 -CD - 1993 Ford flatbed, C -18605 • CDT -20 - 1996 Cross Country Trailer, L -52733 • E -622 - 1999 Chevy Astro Van PASSED AYES -9 NOES -0 NO. 19 PERMISSION TO TRADE -IN VEHICLES CD -34, CD -911, CD -12, CD -17 & 3 BOBCATS The Dept. of Public Works is requesting permission to dispose of the following listed vehicles by means of trade -in on the purchase of a new piece of equipment (bobcat): ASSET # ASSET NAME 1. CD -34 Ford 2120 Tractor /Loader, UV248241 G1 61320790 2. CD -911 1977 Case 380 Tractor /Loader, 11010623 3. CD -12 1985 Case 580 Loader /Backhoe, 17026583 4. CD -17 1995 Bobcat 773 /bkt, 509636883 5. N/A Bobcat 66" Industrial Fork Grapple 6. N/A Bobcat Tilt Tach 7. N /ABobcat Sweeper (Non - operational) The above listed vehicles are damaged, obsolete, and irreparable. They have been determined to be unsafe and not road worthy. The assets listed without numbers provide no benefit to operations as they are designed for farm use. However, we have accessed that all assets listed above still present trade -in value towards the purchase of a new piece of equipment (bobcat). 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 September 4, 2013, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to disposed of the following vehicles by means of trade -in on the purchase of a new piece of equipment: CD -34- Ford 2120 Tractor /Loader, UV248241 G1 61320790 • CD -911 - 1977 Case 380 Tractor /Loader, 11010623 • CD -12- 1985 Case 580 Loader /Backhoe, 17026583 • CD -17- 1995 Bobcat 773 /bkt, 509636883 • Bobcat 66" Industrial Fork Grapple • Bobcat Tilt Tach • Bobcat Sweeper (non - operational) The above listed vehicles are damaged, obsolete, and irreparable. They have been determined to be unsafe and not road worthy. PASSED AYES - 9 NOES — 0 NO 20 REPORT OF BIDS CITY HALL CAFETERIA FOOD SERVICE OPERATION I asked for on August 7, 2013, and received the following formal bids for City Hall Cafeteria Food Service /Operation, which were publicly opened and read on August 30, 2013. Annual Bid Sue's NY Deli $25;800.00 130 South Elmwood, Buffalo, NY I hereby certify that the foregoing is a true and correct statement of all bids received and that Sue's NY Dell, with an Annual Bid of $25,800:00, is the lowest responsible bidder in accordance with the bid specifications. I recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to enter into an initial three (3) year contract (with an option to renew for an additional three (3) but separate one (1) year contract) with Sue's NY Dell 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 September 9, 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 initial three (3) year contract (with an option to renew for an additional three (3) but separate one (1) year contract) for City Hall Cafeteria Food Service /Operation with Sue's NY Deli with an annual bid of $25,800.00. PASSED AYES -9 NOES -0 NO. 21 REPORT OF BIDS POLICE HEADQUARTERS FLOOR TILE REMOVAL ASBESTOS MONITORING JOB #1303A, I requested on July 8, 2013 and received the following bids for Police Headquarters, Floor Tile Removal, Asbestos Monitoring, on July 16, 2013. Watts Engineering $1,515.00 95 Perry, Buffalo, NY Fibertech Environmental No Bid 140 North, Buffalo, NY Nature's Way No Bid 3553 Cnttenden, Alden, NY SJB Services No Bid 5167 South Park, Hamburg, NY I hereby certify that the foregoing is a true and correct statement of all bids received and that Watts Engineering, with a bid of One Thousand Five Hundred Fifteen and 00/100 Dollars ($1,515.00) is the lowest responsible bidder in accordance with the plans and specifications. Funding for this project is available in 35323506 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 September 5, 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 Police Headquarters, Floor Tile Removal, Asbestos Monitoring, with Watts Engineering, in the amount of $1,515.00. Funding for this project is available in Account #35323506 445100 - Buildings. PASSED AYES -9 NOES -0 NO. 22 REQUEST TO PURCHASE EQUIPMENT Purchase (1) Elgin 3 wheeled mechanical street sweeper to replace damaged 1999 unit S 808 w /auto lube "new bid" Joe Johnson Equip $180,000.00 62 LaGrange Ave Rochester NY 14613 Funding from: 15050007 - 474100 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 September 4, 2013, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to purchase one (1) Elgin 3- wheeled mechanical street sweeper to replace the damaged 1999 Unit S 808 with auto iube in the total amount of $180,000.00 from Joe Johnson Equipment. Funds are available in Account #15050007 - 474100. PASSED AYES -9 NOES -0 NO. 23 RESPONSE TO AUDIT REPORT RE CONTRACT FOR OPERATIONS ERIE BASIN MARINA Dear Comptroller Schroeder: The following is the response from the Department of Public Works, Parks and Streets (Public Works) regarding your department's August 2013 Audit Report of the operations contract for the Erie Basin Marina (Marina) for years 2008 -2012. Public Works will follow a format of responding separately to each of the five audit findings. Prior to addressing each finding separately, it must first be noted that: Public Works will issue by October 1, 2013 Requests for Proposals for a new vendor (or vendors) to manage and operate the Erie Basin Marina in 2014. • The Department of Public Works employee previously assigned has been relieved of his duties at the Erie Basin Marina and reassigned pending a review to determine if further action is necessary. • Public Works management will work with the Department of Audit and Control and Law Department to clarify any conflicting or ambiguous language in the new contract to avoid future discrepancies. Errors in Reporting of Base Sales in Rental Calculations Public Works agrees with the findings of the Department of Audit & Control (Audit & Control) that base sales due to the City of Buffalo (City) were not calculated correctly by Brand -On Services. Public Works requests the assistance of Audit & Control and the Department of Law to recuperate money owed to the City by the operator, Brand -On Services (Brand -On), and implement a system that can accurately track sales and revenue (e.g. point of sale terminals). Public Works will make such a system mandatory in an upcoming request- for - proposals (RFP) for the operation of the Hatch Restaurant (Hatch) at the Marina. As part of Public Works' plans for implementing solutions, a RFP will be issued for a third -party auditor to validate all future expenses. The plan is described further at the end of this response. Errors in Reporting of Fuel Sales in Rental Calculation Public Works filed its response to Audit & Control's 2007 "Marina Audit" on July 13, 2009. The response (CCP #31, July 21, 2009) states that the then - Public Works Commissioner recommended the change to the contract due to the sharp increase in gasoline prices. The then - commissioner believed the change was necessary so Marina gasoline prices would remain competitive with nearby marinas. These recommendations were filed with the Common Council and formal approval is required. Therefore, Public Works will propose, beginning with the next contract submitted for approval, that the City purchases all gasoline for sale at the Marina. This is to ensure that City will be responsible for the distribution of gasoline and benefit directly from gasoline sales. If this is allowed, Public Works requests the assistance of Audit & Control in the design of a check - and - balance mechanism to ensure that gasoline is distributed properly and corresponding revenue is accurate. Public Works will issue a third RFP for the nautical /recreation operations at the Marina as part of its plan for implementing solutions that are described at the end of this respons This RFP will likely include operation of the Ships Store located in the Marina Lighthouse. The issuance of separate RFPs will change how the City leases the Marina as the Hatch and nautical /recreational operations will not combined in an overall RFP — The rational for separate RFPs is there may be an increase in potential bidders for the respective operations, and that such potential bidders may be expert in respect to that specific operation. Errors in Reporting of Gross Marina Revenue in Rental Calculation Public Works agrees with the findings of Audit & Control that gross Marina revenue due to the City was not calculated properly by Brand -On, and the overage should be subtracted from the balance owed to the City. Public Works believes this instance will likely be minimized, if not eliminated, in the future through the use of the proposed third -party auditor as explained in the plan for implementing solutions at the end of this response. Unauthorized Deductions from Rent The Commissioner of Public Works is in the process of validating the approval of deductions made by Brand -On. Based on the on -going validation of deductions, $60,818.62 was used to rectify an unsafe condition at Erie Basin Marina Beach. This item was discussed in 2009. Therefore, Public Works believes this amount should be deducted from the amount calculated as unauthorized by Audit & Control. This brings the balance of that proposed amount as unauthorized down to $163,558.38. Public Works requests assistance from Audit & Control to develop a more efficient internal process to formalize any operator requests to the Public Works Commissioner for making improvements /improvements to be deducted from the rent. Public Works will file these Marina - related items with the Common Council on an incremental basis. Public Works believes there are discrepancies in the agreement as it relates to the source of authorization and if authorization is required in regards to deductions and mandatory maintenance. The definition of "City" in the agreement is intended to mean the City of Buffalo Common Council on all matters including, but not limited to, expenditure of City funds, increases or reductions in rental income, abatement of rentals, and construction of addition to the facilities. • However, the agreement states the following (paraphrased): The premises, all fixtures, and appurtenances must be delivered to the operator in good and useable condition upon occupancy. The operator can repair and replace any such item found in non - satisfactory condition within 30 days of occupancy. The operator may repair or replace said items with the consent of the Public Works Commissioner, not to be unreasonably withheld, and charge the cost against rental payments due. o The cost of any major repair (e.g. excavation to uncover utilities) will be negotiated, at time of repair, by the Public Works Commissioner and the operator. o The operator has the right, upon notification to the Public Works Department, to make repairs for any utilities due to ordinary wear and tear as may be necessary to minimize the disruption of service. The operator is entitled to charge these costs, if the responsibility of the City, against the rental payment due. Public Works believes that Common Council approval is required in the following condition. "Provisions Relating to the Operation of Restaurant ": In the event the operator invests in the restaurant facilities (equipment, structures, and /or operational changes to streamline and improve the functionality of the facility), the operator will provide the Public Works Commissioner with copies of invoices to verify the cost of the approved improvements. The operator shall not begin any improvements without prior approval from the city. Other Findings Public Works believes there are no conflicts of interest between the current operator and Public Works. The President of Brand -on (operator) is indeed married to a retired Public Works employee. Their son is a Public Works employee in the Water Division, but this division has minimal effect on daily operations at the Marina. The Water Division may be dispatched to the Marina for routine maintenance issues or in the case of a water - related emergency. Public Works believes it does not have jurisdiction or legal precedent to prohibit a City employee or his /her family member(s) from bidding on City contracts. Public Works will forward this information to the Law Department for its opinion on potential conflicts of interest. Courses of Action as Proposed (or Completed) by Public Works Public Works has reassigned the staff member responsible for the Marina pending a review, and will take further action if necessary. The Deputy Commissioner of Public Works for Buildings and Energy Management wilt oversee Marina operations relating to the Hatch Restaurant and Marina Lighthouse. The Deputy Commissioner of Public Works for Parks and Recreation will oversee Marina operations relating to park space, grounds, and docks. Public Works requests the assistance of Audit & Control for a joint determination of the actual amount of money due to the City and recuperating said money. Public Works will push to receive funding through the City budget for daily operations and repairs at the Marina. The issuance of three RFPs will divide Marina functions (Hatch Restaurant and nautical /recreational operations) and bring independent auditing expertise to maximize City revenue. Tighter controls are needed as the Marina continues to transform as part of the developing waterfront. The RFPs are also beneficial as they will be designed to minimize, if not eliminate, ambiguous /contradictory language in future contracts. Public Works expects to issue the RFPs no later than December 31, 2013. In 2009, Public Works introduced a committee that focused on Marina operations. Public Works requested representation from Audit & Control, but did not receive such representation. Public Works intends to reconvene this committee to be comprised of, but not limited to, the following: Public Works Commissioner, Deputy Commissioner of Public Works for Buildings and Energy Management, Deputy Commissioner of Public Works for Parks and Recreation, Special Assistant to the Commissioner of Public Works, the operator or operators (dependent on bids awarded), and the third -party auditor (dependent on bid awarded). Public Works requests that Audit & Control be represented at these meetings. Initially, these meetings should be held monthly. It is Public Works' intention to schedule the first meeting shortly after the contract is awarded. In addition to submission to the attention of the Comptroller, this response will be filed with the Common Council. Public Works believes that the combination of the "Audit Report ", the action taken by Public Works articulated in its response, and increased collaboration between the various stakeholders (current and future) will allow the Marina to be an even greater regional asset while maximizing revenue for the City REFERRED TO THE COMMITTEE ON FINANCE FROM THE COMMISSIONER OF FIRE NO. 24 APPOINT BATTALION CHIEF(PERM)(BOSSI, GRAHAM, MELDRUM, FLAHERTY, MURPHY, REID) Appointment effective 08/05/2013 in the Department of Fire to the position of Battalion Chief, Permanent at the minimum salary of $83,913.00 Daniel Bossi, 5721 Cole Road, Orchard Park, NY 14127 Paul Graham, 277 Main St Apt #10, East Aurora, NY 14052 Thomas Meldrum, 253 Ransom Oaks Dr, Amherst, NY 14051 Daniel, Flaherty, 15 Center Ridge, East Aurora, NY 14052 John Murphy, 52 Lincoln Blvd, Kenmore, NY 14127 Timothy Reid, 805 McKinley Pkwy, Buffalo, NY 14220 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 25 APPOINT CAPTAIN(PERM)(BRESKI, MENDOLA, ROBERTSON, MAJITYKA- HARTMAN, MUSCARELLA, DONOVAN, HOARE, MANN, GOOCH) Appointment effective 09/05/2013 in the Department of Fire to the position of Captain, Permanent at the minimum salary of $77,382.00 Thomas Breski, 652 Harris Hill RD, Lancaster, NY 14086 Mark Mendola, 288 Seneca Place, Lancaster, NY 14086 Lawrence Robertson, 62 Potter Avenue, Orchard Park, NY 14127 Wendy Majtka - Hartman, 2781 Christopher Blvd, Hamburg, NY 14075 Vincent Muscarella, 38 Cascade Drive, Amherst, NY 14228 Gregory Donovan, 421 Pound Road, Elma, NY 14059 Matthew Hoare, 37 Windcroft Lane, Lancaster, NY 14086 David Mann, 56 Lyrae Drive, Getzville, NY 14086 Dennis Gooch, 18 Stony Brook, Lancaster, NY 14086 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 26 APPOINT DIVISION CHIEF(PERM)(BIASILLO, LAMACCHIA) Appointment effective 09/05/2013 to the position of Division Chief, Permanent at the minimumsalary of $91,823.00 Michael Biasillo, 7117 Olean Road, South Wales, NY 14139 James Lamacchia, 125 Clark Street, Orchard Park, NY 14127 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 27 APPOINT LIEUTENANT(PERM)(CONNELLY, FARRELL, EATON, O'SHEI, KELLEY, CHARVAT, SIKORA, VIVIAN, NIEVES, SMITH, MULDERIG, O'DONNELL, MURZYNOWSKI, FLANAGAN, WILKINSON, COHILL, FLETT, CASSEL, BANISTER, LUTHRINGER, SCANLON, PANARO, WACHOWSKI) Appointment effective 09/05/2013 in the Department of Fire to the position of Lieutenant, Permanent at the minimum salary of $69,201.00 Michael Connelly, 31 Treehaven Road, West Seneca, NY 14224 Michael Farrell, 1032 Sweet Road, East Aurora, NY 14052 Johnathan Eaton, 7026 Rock Dove Lane, Wheatfield, NY 14304 Douglas O'Shei, 6161 Scherff Road, Orchard Park, NY 14127 James Kelley, 3458 Creekview Dr, Hamburg, NY 14075 Robert Charvat, 28 Ashwood Ct, Lancaster, NY 14086 Kenneth Sikora, 12049 Rapids Road, Akron, NY 14001 Daniel Vivian, 80 Ashley Drive, West Seneca, NY 14224 Juan Nieves, 746 Parkside Ave, Buffalo, NY 14216 Timothy Smith, 120 Coolidge Road, Buffalo, NY 14220 Patrick Mulderig, 3340 Brookfield Lane, Hamburg, NY 14075 Thomas O'donnell, 19 Squirrel Run, Lancaster, NY 14086 Steven Murzynowski, 7393 Downey Road, Akron, NY 14001 Mark Flanagan, 119 Patricia Drive, West Seneca, NY 14224 Rodney Wilkinson, 259 Sanders Road, Buffalo, NY 14216 Jonathan Cohill, 30 Wickham Ave, Buffalo, NY 14221 Joseph Flett, 821 No Davis Road, Elma, NY 14059 Timothy Cassel, 18 Wilkshire PI, Lancaster, NY 14086 Dennis Bannister, 66 Pierce St, Buffalo, NY 14206 Jamie Luthringer, 4264 Eckhardt Road, Buffalo, NY 14057 Brian Scanlon, 5482 Wyndfield Ct, Hamburg, NY 14075 Steven Panaro, 4950 Thompson Road, Clarence, NY 14031 Peter Wachowski, 1081 Bowen Road, Elma, NY 14059 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE CORPORATION COUNSEL NO. 28 BRACO - I REQUEST FOR REFUND OF EXCESS REAL PROPERTY TAXES FOR THE 2012 -2013 TAX YEAR ITEM #7, C.C.P. 02/06/1973 On November 30, 1977, an Agreement was executed by the City of Buffalo and the BUFFALO REHABILITATION ACTION COMPANY, (BRACO- 1), a limited partnership, duly organized and existing pursuant to the provisions of Article V of the Private Housing Finance Law of the State of New York. By the terms of said Agreement, BRACO -I's real property tax liability was limited as to certain parcels of real property in the City of Buffalo pursuant to and in accordance with Section 236 of the National Housing Act of 1968 and Article V of the Private Housing Finance Law. Specifically, in accordance with Federal Housing Administration requirements, the Agreement imposes a real property tax ceiling in the amount of Forty Five Thousand Five Hundred Ninety -Nine Dollars ($45,599.00) on City and County Taxes for the real property identified therein. Said Agreement further provides that said real property shall be exempt from any further similar tax for a period of forty (40) years, beginning December 30, 1976. Your Honorable Body passed a resolution approving said Agreement and authorizing the tax relief provided therein on February 6, 1973. Consequently, if in any one fiscal year the combined City and County real property tax liability exceeds Forty Five Thousand Five Hundred Ninety - Nine Dollars ($45,599.00), BRACO -1 is entitled to a refund of the excess taxes paid above and beyond said ceiling amount. The refund is apportioned between the City of Buffalo and the County of Erie, and is based upon the tax rates prevailing at the time. The parcels subject to the Agreement are as follows: 210 Allen, 359 Busti, 346 Franklin, 352 Franklin, 74 Grant, 922 Main, 279 Niagara, 231 West, 79 Mariner, and 87 Whitney. The application before your Honorable Body pertains to broken down as follows: 2012 -2013 City of Buffalo Real Property Tax $ 47,842.32 2013 Erie County Real Property Tax $ 9,004.38 Total Tax Paid(City & County) $ 56,846.70 Less Combined Ceiling as per Agreement ($45,599.00) Amount of Overpayment to City & County $11,247.70 Portion to be refunded by the City of Buffalo (84.16% of Total Overpayment Amount): $9,466.06 1 respectfully request that your Honorable Body authorize the Comptroller to issue a property tax retired to BRACO -1 in the amount of Nine Thousand Four Hundred Sixty -Six Dollars and Six Cents ($9,466.06). Said amount is the City's portion of the excess real property taxes paid on the real property listed herein for the 2012 -2013 tax year. Mr. Smith moved: That the above item be, and the above communication from the Corporation Counsel, dated September 11, 2013, be received and filed; and That the Common Council hereby authorizes the Comptroller to issue property a tax refund to the Buffalo Rehabilitation Action Company (BRACO -1) in the amount of Nine Thousand Four Hundred Sixty -Six Dollars and Six Cents ($9,466.06). Said amount is the City's portion of the excess real property taxed paid on the real property listed for the 2012 -2013 tax year. PASSED AYES - 9 NOES — 0 NO. 29 PEACOCK V. CITY OF BUFFALO, ET AL (INDEX NO.: 2010 -6440) LEFORT V. CITY OF BUFFALO, ET AL. (INDEX NO.: 2011 -4613) The undersigned is asking this Honorable Body to approve the settlement of the above - entitled actions in the amounts of $45,000.00 (Peacock) and $180,000.00 (LeFort). For your review, the details of each case are set out in the confidential write -ups separately delivered to each of your respective offices at the time of filing. Generally speaking, the Peacock matter involves a slip and fall over a defective condition within the City right - of -way that resulted in a right wrist fracture that required two surgeries, while the LeFort case involves a motor vehicle accident with a City Dump Track that resulted in the Plaintiff sustaining a cervical spine injury that required fusion surgery. It is in the best interests of the City to promptly pay all sums called for by the settlements in these cases, as expedited consideration by this Honorable Body and payment was contemplated as part of the settlement calculations undertaken by each of the Plaintiffs. The undersigned will be available at Caucus on Monday, September 16, 2013 to discuss these matters, should your Honorable Body have any questions or concerns. For these reasons, the Corporation Counsel respectfully requests that your Honorable Body authorize payment of $180,000 to settle the LeFort matter and $45,000 to resolve the Peacock matter, with the funds to be drawn from Judgment and Claims Account #17221008 - 480205. The City Law Department will be filing a Claims Agenda for a first quarter Claims Committee Meeting to review other potential settlements in advance of the next meeting of your Honorable Body. Thank you for your attention to and consideration of these matters. Mr. Smith moved: That the above item be, and the above communication from the Corporation Counsel, dated September 12, 2013, be received and filed; and That the Common Council hereby authorizes payment of $180,000.00 in settlement of the claim of Elizabeth LeFort f /k/a Elizabeth J. Hackett, and $45,000.00 in settlement of the claim of Katherine Peacock. Funds are available from Judgment and Claims Account #17221008 - 480205. PASSED AYES -9 NOES -0 FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT & INSPECTION SERVICES NO. 30 FOOD STORE LICENSE(NEW) 2602 BAILEY(LOVEJOY) 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 2502 BAILEY (BAILEY DELAVAN MARKET /MOHAMED SHAIBL) 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. 31 FOOD STORE LICENSE(NEW) -2906 BAILEY(MAS) 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 2906 BAILEY (BAILEY DISCOUNT MART INC /HAMOUD ZAID.) 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. 32 FOOD STORE LICENSE(NEW) -427 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 427 Tonawanda (FIRST LADY BEAUTY SUPPLIES INC /IBRAHIM SHAIBI & AMEEN SALEM.) 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 September 3, 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 Ibrahim Shaibi and Ameen Salem d /b /a First Lady Beauty Supplies Inc. located at 427 Tonawanda. PASSED AYES -9 NOES -0 NO. 33 RESPONSE FOR RESTRICTED USE PERMIT -67 W. CHIPPEWA Dear City Clerk: Per the provisions of City of Buffalo ordinance, Chapter 611 -68.6 "Downtown Entertainment Review District "; (F) "Application for Restricted Use Permit ", the Office of Licenses has reviewed the attached "Restricted Use Permit Applications" for "Phez Entertainment LLC. "Lux" located at 67 West Chippewa (AKA 75 West Chippewa) and determined that this establishment does have the required City of Buffalo licenses; therefore said applications are "approved as to form ". Should your office have any questions concerning these applications, please feel free to contact me directly. RECEIVED AND FILED FROM THE CITY CLERK NO. 34 MINUTES BOARD OF ETHICS -APRIL 2013 Minutes Tuesday, April 23, 2013 Members in Attendance: Douglas Coppola, Eleanor Paterson, James Magavern, & Gerald Chwalinski. Excused: Richard Sullivan & Cavette Chambers. Guest: Mary Baldwin, Deputy City Clerk. Quorum New Business: Board nominations regarding the reappointment of Douglas Coppola and James Magavern and the appointment of Ms. Elizabeth Harned have been with the Mayor for more than 45 days. If he does not reply, the names will automatically go in front of the Common Council. Gerry will follow up with the status and if not approved, will send the names to Common Council for the next meeting on 4/30/13. Regarding the Annual Financial Disclosure submissions, per Sharon Adler, Clerk's office, there is still one outstanding board member, Sheila Wallace, Citizens' Rights. Sharon mailed a certified letter and will follow up on this matter. Perhaps person has moved or is no longer on committee. Contact the Chairperson, ask for his /her cooperation in obtaining the Disclosure from Sheila and "cc" Doug on all correspondence. Also, contact Crystal Rodriguez, fellow board member, for assistance since she works in City Hall. Old Business: 1. Doug will call Tim Ball & 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. The amendment needs to go back to the Council. Cavette to follow up with Tim. Approval of the February 26, 2013 minutes. Next meeting is scheduled for Monday, May 20, 2013, if there is unfinished or new business. Meeting is adjourned. RECEIVED AND FILED NO. 35 RESTRICTED USE PERMIT 75 W. CHIPPEWA (ELL) Mr. Pridgen moved: That the above item be, and the above communication from the Office of the City Clerk of Buffalo, dated September 17, 2013, be received and filed; and That the application for a restricted use permit in the downtown entertainment review district to permit entry of patrons under the age of 21 where alcohol is served at an event to occur on October 4, 2013 is approved upon the following conditions: All patrons under the age of 21 will have both hands marked with a black "x" • All patrons over the age of 21 will have a wristband indicating they are over 21 • Licensed security guards will be patrolling the venue at all times • A one drink per wristband policy will be in effect PASSED AYES -9 NOES -0 NO. 36 RESTRICTED USE PERMIT -75 W. CHIPPEWA- 10/04/2013 Item available for review in the City Clerk's Office REFERRED TO THE COMMITTEE ON LEGISLATION NO. 37 RESTRICTED USE PERMIT -75 W. CHIPPEWA- 10/18/2013 Item available for review in the City Clerk's Office REFERRED TO THE COMMITTEE ON LEGISLATION NO. 38 LIQUOR LICENSE APPLICATIONS Attached hereto are communications from persons applying for liquor licenses from the New York State Division of Alcohol Beverage Control Board. Address Business Name Owner's Name 49 Illinois Buffalo Iron Works Samuel Savarino RECEIVED AND FILED NO. 39 REPORTS OF ATTENDANCE I transmit herewith communications received by me, from the various boards, commissions, agencies and authorities reporting the membership attendance at their respective meetings: Buffalo Sewer Authority RECEIVED AND FILED NO. 40 APPOINTMENTS - TEMPORARY, PROVISIONAL OR PERMANENT I transmit herewith Appointments in the various departments made at the Minimum (Temporary, Provisional or Permanent) (as per contract requirements). REFERRED TO THE COMMITTEE ON CIVIL SERVICE. Certificate of Appointment Appointment effective 9/3/13 in the department of Admin & Finance, Policy & Urban Affairs Division of Purchase to the Position of Account Clerk Typist Permanent Open - Competitive Minimum starting salary of $31,574 Laura Morrison, 88 Cushing Place, Buffalo 14220 NON - OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON - OFFICIAL COMMUNICATIONS NO. 41 LP CIMINELLI -BOARD PACKET DOCUMENTS SEPTEMBER 2013 Attached are the following documents from the Joint Schools Construction Board meeting scheduled on September 9, 2013: 1. Agenda 2. Meeting Minutes from JSCB Meeting dated August 5, 2013 3. Fully Executed Phase 1 V Application and Certificate for Payment No. 56 - June 2013 4. Fully Executed Phase V Application and Certificate for Payment No. 44R - July 2013 5. Phase III Application and Certificate for Payment No. 61 R- August 2013 6. Phase V Application and Certificate for Payment No. 45 - August 2013 7. Program Packaging and Development Services (PPDS) Provider Update 8. Inclusion Development Associates, Inc. Construction Contract Compliance Monitoring Monthly Report for Phase III Change Order #1 - July 2013 9. Bevlar & Associates Inc. Construction Contract Monitoring and Compliance Services Monthly Report for Addendum 1 Phase V Project -July 2013 10. Compliance & Administrative Services of New York Compliance Monthly Report for Phase V - July 2013 Copy available for review in the City Clerk's Office REFERRED TO THE SPECIAL COMMITTEE ON EDUCATION NO. 42 S. FITZMAURICE- ADDRESS CHANGE FOR ONE HSBC CENTER Dear Councilmember Franczyk: HSBC Bank's lease for space in One HSBC Center expires as of October 31, 2013. As a result, the building at 1 Seneca Street can no longer be referred to as One HSBC Center after that date. Seneca One Realty LLC is the owner of the referenced building. As the local representative of the owners, I am requesting Common Council approval to change the name to One Seneca Tower as of November 1, 2013. We appreciate your taking the necessary steps to make this happen. Sincerely, SENECA ONE REALTY LLC Stephen P. Fitzmaurice Chief Operating Officer REFERRED TO THE COMMITTEE ON LEGISLATION NO. 43 M. HOLMAN -STOP THE VIOLENCE COALITION INC PURSUE LEASE AT 1532 GENESEE ST Common Council President I am writing this letter of request made by our organization Stop The Violence Coalition Inc. to pursue the lease of ownership for the property located at 1532 Genesee St. at Bissell Ave. I would like to again applaud and thank honorable Council Member Richard Fontana for his support in his efforts to help us receive this building as an donation /tax -write off on behalf of the City of Buffalo to lease for $1.00, being that we are a 501(c) 3 organization and will provide any necessary documentation to move this transition forward to ensure its success. Our plan is to utilize this property as a headquarters for the Stop The Violence Coalition Inc. also in conjunction with Peacemakers of Buffalo. The headquarters will be utilized as an intricate tool for Local Federal law enforcement and community resource facility. Our mission is to reduce violence and enhance the quality of life for the City of Buffalo and its surrounding areas while "Responding to the Needs of the People ". In past years this building has been a beacon in the community that has provide outreach services to the community and will once again provide services in the near future such as a GED program and counseling for individuals who have lost loved ones due to violence and providing referrals to individuals in the community who may seek assistance from our partners such as The United Way and Back to Basics to name a few. Our goal is to strengthen the relationship of the community and to bridge any gaps that hinder the quality of life as well as displaying a positive image on how to reach out to one another through the art of conversing with one another without violence. We strongly believe that having our own headquarters will increase our effectiveness and ability to provide conflict resolution services to the community at large. Under the advisement of Pastor James Giles of Back to Basics this organization will be addressing the communities concerns. We will become a model for other programs in Buffalo and surrounding areas that serve as an advocate to improve the quality of life for all. If you have any further questions or concerns please feel free to contact my administrative secretary Melissa R. H. Brown at 716 - 578 -7882, as she will be happy to speak with you and relay your message regarding our future STVC Inc Headquarters. Sincerely, Murray Holman Executive Chairmen STOP THE VIOLENCE COALITION Inc. REFERRED TO THE COMMITTEE ON FINANCE NO. 44 K. KEENAN - RESP - MORATORIUM ON DEMOLITION OF ST. ANN'S RC CHURCH Dear Mr. Chwalinski, The following documents are submitted on behalf of the Diocese of Buffalo for the September 24, 2013, Public Hearing regarding, 80AA Pridgen, etc. Moratorium on Demolition -St. Ann's Roman Catholic Church: 1. Structural Evaluation and Repair Alternatives for St. Ann Roman Catholic Church i. Appendix A2 - photos ii. Appendix A3 - exterior conditions iii. Appendix A4 - constructions costs Bishop Richard J. Malone, bishop of Buffalo, has asked that I make brief remarks on behalf of the Diocese of Buffalo at the Sept. 24, 2013, public hearing. Also attending for the Diocese of Buffalo, and available to answer questions, will be: • Michael Sullivan, diocesan Director of Buildings & Properties • Sister Regina Murphy, diocesan Director of Research and Planning • Joseph Stoeckl, Kennedy, Stoeckl & Martin, P.C., diocesan legal counsel Sincerely, Kevin A. Keenan President REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT. NO. 46 D. PRIDGEN — INFO REG PRESERVATION APPEAL FOR ELLICOTT DEV CO -295 MAIN ST Report and Recommendation of the Legislation Committee Determination of Appeal from a Determination of the Buffalo Preservation Board Pursuant to Buffalo City Code §337 -26 (Refer to CCP June 11, 2013, Item 69) RE: Ellicott Development Company - 295 Main Street At its meeting of February 7, 2013 the Buffalo Preservation Board denied an application by Ellicott Development Company (the Applicant)to install awnings on a storefront at 295 Main Street (the Ellicott Square Building). The Preservation Board rejected an application 2011, suggesting modifications to the design of the awnings. The applicant reapplied, following some of the suggested modifications. The applicant has appealed the determination of the Preservation Board in a letter dated March 19, 2013 and filed with the Buffalo City Clerk on June 11, 2013 (CCP June 11, 2013, Item 69). The letter was referred to the Legislation Committee. The Legislation Committee has determined to accept the letter as an appeal. The Applicant proposed fixed shed -style fabric awnings that conform to the window and door openings of the storefront. The applicant also proposed that the main surface of the awning bear a large graphic advertising the store. The Preservation Board denied so much of the application as included advertising on the main body of the awning and further required that the awning be retractable, and not fixed. 295 Main Street is a City landmark, subject to the jurisdiction of the Preservation Board. The Board, in its review, follows the preservation Standards of the United States Secretary of the Interior. With respect to this application, the Committee has reviewed ITS Number 27 (Awnings), of October 2001, published by Technical Preservation Services of the National Center for Cultural Resources of the National Park Service, U.S. Department of the Interior. In the examples given, the Department of the Interior a fixed shed style awning, covered with a canvas fabric similar to historic fabric is shown as a suitable use on the particular building pictured. The bulletin states: "Although a functioning, retractable awning would have been the most appropriate solution, the fixed, shed awning was an acceptable compromise ". In example 2 it is stated that the use of separate awnings over openings is appropriate. The awning arrangement should "reflect traditional awning arrangement, shape and material ". In the instant appeal, the Preservation Board also rejected graphics on the main body of the awning. The appellant provided evidence that the Preservation Board has approved graphics on the main face of a fixed awning on the Cobblestone Bar in the Cobblestone Preservation District as recently as 2012. Previously approved fixed awnings on store fronts on the instant building also bore graphics identifying the establishment. While the dates of such approvals have not been determined, and the extant awnings bear the names of dosed establishments and are in poor condition, leading to the belief that the approvals were given many years ago, the Preservation Board has not provided a reason for a different result in this instance. While it is recognized that the Preservation Board has the duty to review proposed changes to architectural details, including the placement of awnings, on historic structures, those reviews are subject to the requirement that Architectural details, including materials, colors and textures, should be treated so as to make a landmark compatible with its original architectural style and character and to preserve and enhance the architectural style or character of a landmark, landmark site or historic district (Buffalo City Code §337 -20, subd.(8). In this instance no reference is found to demonstrate that the Board considered original historic character, including whether graphics on the main face of an awning were in keeping with original historic character of the instant building. The Preservation Board was incorrect in ruling that a traditional retractable awning is the only solution to this application. While a traditional retractable awning would be the best solution, the fixed shed style awning is acceptable under Department of the Interior standards. CONCLUSION: The Determination of the Preservation Board is reversed. The Applicant is permitted to install a fixed shed style awning on the location shown in 2013 application to the Preservation Board. The awnings shall conform to the architectural bays openings of the building. The awning structures shall be affixed in mortar joints, and the masonry and terra cotta facings of the building shall not be drilled to affix the frames. They shall conform in color and style to previously approved awnings on the building. The awning may have graphics identifying the business on the main face of the awning of the awning and shall include the business street number. Darius G. Pridgen, Chair Legislation Committee Mr. Pridgen moved: That the above item be, and the same hereby is, returned to the Common Council with a recommendation that the decision of the Preservation Board be reversed in part and modified in part in accordance with the written decision of the Legislation Committee, and that the applicant is permitted to install a fixed shed style awning on the location shown in the application to the Preservation Board. The awnings shall conform to the architectural bays of the building. The awning structures shall be affixed in mortar joints and the masonry and terra cotta facings of the building shall not be drilled to affix the frames. The awnings shall conform in color and style to previously approved awnings on the building. PASSED AYES 9, NOES 0 PETITIONS NO. 46 J. DALY, OWNER, USE 1553 HERTEL FOR AN OUTDOOR PATIO WITH MUSIC AT THE REAR OF RESTAURANT IN THE HERTEL AVE SPECIAL DISTRICT(DEL)(HRG 09/24) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD REGULAR COMMITTEES CIVIL SERVICE (BONNIE E. RUSSELL, CHAIRPERSON) NO. 47 APPOINT LABORER II (TEMP)(INTER)(ORCUTT)(PW) CCP# 40, 09/03 Mrs. Russell moved That Communication 40 of September 03, 2013, be received and Filed and that the Temporary appointment of Pamela Orcutt, 71 Herkimer, Buffalo, NY 14213 to the position of Laborer II at the Intermediate Salary of $23,130.00 is hereby approved PASSED AYES - 9 NOES- 0 NO. 48 APPOINT SUPERVISOR OF STREET SANITATION (TEMP)(INTER)(DRISCOLI)(PW) CCP# 41, 09/03 Mrs. Russell moved That Communication 41 of September 03, 2013, be received and Filed and that the Temporary appointment of Timothy Driscoll, 203 Eden Street, Buffalo, NY 14220 to the position of Supervisor of Street Sanitation at the Intermediate Salary of $37,826.00 is hereby approved PASSED AYES- 9 NOES- 0 NO. 49 APPOINT ASSOCIATE ACCOUNT CLERK(PROV)(INTER)(GRAY)(PW) CCP# 42, 09/03 Mrs. Russell moved That Communication 42 of September 03, 2013, be received and Filed and that the Provisional appointment of Kenyetta Gray, PO Box 153, Buffalo, NY 14201 to the position of Associate Account Clerk at the Intermediate Salary of $36,354.00 is hereby approved PASSED AYES - 9 NOES- 0 NO. 50 NOTICES OF APPOINTMENTS - TEMP /PROV /PERM CCP #60, 09/03 Mrs. Russell moved That the above item be the same and hereby is Received and Filed ADOPTED FINANCE (CHRISTOPHER P. SCANLON, CHAIRMAN) NO. 51 C. BANNISTER -PENN TO DISCUSS THE NEW REGISTRATION PROGRAM FOR STAR CCP #61, 09/03 Mr. Scanlon moved That the above item be the same and hereby is Received and Filed ADOPTED NO. 52 PERMISSION TO PURCHASE EQUIPMENT Mr. Scanlon 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 request from Karen A. Brant to purchase an obsolete computer from the Division of Management Information Systems, City ID #5230, serial number BFX- 9DF143 and Audit #055564, for $30.00. PASSED AYES 9, NOES 0 NO. 53 R. FONTANA -T. BARRETT- REQUEST TO SPEAK RE- TREATMENT OF INJURED FIREFIGHTERS AT ECMC(GREAT LAKES PHYSICIANS) CCP#41, 10/16 Mr. Scanlon moved That the above item be the same and hereby is Received and Filed ADOPTED NO. 54 RESPONSE -URGE COB TO REEVALUATE RELATIONSHIPS WITH BANKS /LENDERS(COMPT) CCP #16, 04/02 Mr. Scanlon moved That the above item be the same and hereby is Received and Filed ADOPTED COMMUNITY DEVELOPMENT (JOSEPH GOLOMBEK, JR., CHAIRMAN) NO. 55 CHANGE IN CONTRACT - COCA -COLA FIELD SOUND SYSTEM (ELL)(DPW) (ITEM NO. 23, C.C.P., SEPT. 3, 2013) Mr. Golombek moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets, dated August 28, 2013 be received and file; 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 $82,845.00 (Original Contract Amount $50,000.00 + Change Order #1 $82,845.00 for a Revised Contract Amount of $132,845.00) for the Coca Cola Field, Distributed Sound System and Renovations to Cannon Design, C #93001037. Funds for this work are available in Account #336324706 445100 - Buildings. PASSED AYES 9, NOES 0 NO. 56 COMMUNITY BENEFITS AGMT -CANAL SIDE DEV PROJECT (EXCEPT 1 ST &3 RD RES) CCP #64, 03/02 Mr. Golombek moved: That the above item be the same and hereby is Received and Filed ADOPTED LEGISLATION (DARIUS G. PRIDGEN, CHAIRMAN) NO. 57 E. GEILEY, OWNER, USE 488 FRANKLIN TO CONVERT A BUSINESS TO A RESTAURANT IN THE ALLEN STREET SPECIAL DISTRICT (FILL) (DPIS) (ITEM NO. 76, C.C.P., SEPT. 3, 2013) Mr. Pridgen moved: That the above item be, and the above communication from the Commissioner of the Department of Permits and Inspections dated September 3, 2013, be received and filed; and That pursuant to Section 511- 57C(3) of the City Code, the Commissioner of Permit and Inspection Services be, and he hereby is authorized to issue a restricted use license to E. Gellley, Owner of 488 Franklin (a /k/a 70 Allen) to convert a business in a two story strip mall to a restaurant in the Allen Street Special Zoning District. PASSED AYES 9, NOES 0 NO. 58 K. KINAN, OWNER, TO USE 478 ELMWOOD TO REESTABLISH USE OF A SIT -IN RESTAURANT (NIA)(DPIS) (ITEM NO. 77, C.C.P., SEPT. 3, 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 K. Kinan, Owner of 478 Elmwood to reestablish the use of a sit -in restaurant and remodel the interior and facade. PASSED AYES 9, NOES 0 NO. 59 J. KOBYLANSKI, AGENT, USE 1488 HERTEL FOR A RESTAURANT IN THE HERTEL AVENUE BUSINESS DISTRICT (DEL)(DPIS) (ITEM NO. 78, CCP, SEPT 3, 2013) Mr. Pridgen moved: That the above item be, and the above communication from the Commissioner of the Department of Permits and Inspection Services, dated September 3, 2013, be returned to the Common Council without recommendation; and Mr. Pridgen moved that the above item be recommitted to the Committee on Legislation ADOPTED NO. 60 USED CAR DEALER - 2687 BAILEY (UNIV)(DPIS) (ITEM NO. 46, C.C.P., SEPT. 3, 2013) Mr. Pridgen moved: That the above item be, and the above communication from the Commissioner of the Department of Permits and Inspection Services, dated August 19, 2013, be returned to the Common Council without recommendation; Mr. Pridgen moved that the above item be recommitted to the Committee on Legislation ADOPTED NO. 61 RESTRICTED USE PERMIT - 69 W. CHIPPEWA (ITEM NO. 49, C.C.P., SEPT. 3, 2013) Mr. Pridgen moved: That the above item be, and the above communication from the Office of the City Clerk of Buffalo dated September 3, 2013, be returned to the Common Council without recommendation; and That the application for a restricted use permit in the downtown entertainment review district to permit entry of patrons under the age of 21 where alcohol is served at an event to occur on September 19, 2013 is approved upon the following conditions: • State - certified security guards will be checking all identification (State issued) • Patrons under the age of 21 will have a black X on their hands and a colored wristband • 9 -10 trained security guards will be inside the venue PASSED AYES 9, NOES 0 NO. 62 RESTRICTED USE PERMIT - 69 W. CHIPPEWA (ITEM NO. 50, C.C.P., SEPT. 3, 2013) Mr. Pridgen moved: , That the above item be, and the above communication from the Office of the City Clerk of Buffalo, dated September 3, 2013 be returned to the Common Council without recommendation; and That the application for a restricted use permit in the downtown entertainment review district to permit entry of patrons under the age of 21 where alcohol is served at an event to occur on October 10, 2013 is approved upon the following conditions: • State - certified security guards will be checking all identification (State issued) • Patrons under the age of 21 will have a black X on their hands and a colored wristband • 9 -10 trained security guards will be inside the venue PASSED AYES 9, NOES 0 NO. 63 RESTRICTED USE PERMIT - 69 W. CHIPPEWA (ITEM NO. 51, C.C.P., SEPT. 3, 2013) Mr. Pridgen moved: That the above item be, and the above communication from the Office of the City Clerk of Buffalo, dated September 3, 2013, be returned to the Common Council without recommendation; and Mr. Pridgen moved to Deny. DENIED AYES 9, NOES 0 NO. 64 RESTRICTED USE PERMIT - 69 W. CHIPPEWA (ITEM NO. 52, C.C.P., SEPT. 3, 2013) Mr. Pridgen moved: That the above item be, and the above communication from Office of the City Clerk of Buffalo, dated September 3, 2013, be returned to the Common Council without recommendation; and Mr. Pridgen moved that the above item be recommitted to the Committee on Legislation ADOPTED NO. 65 INSTALLATION OF NEW AWNINGS AT 295 MAIN STREET (FILL) (ITEM NO. 85, C.C.P., JULY 9, 2013) Mr. Pridgen moved: That the above item be, and the above communication from July 9, 2013, be returned to the Common Council without recommendation; and Mr. Pridgen moved That the above item be the same and herby is Received and Filed. ADOPTED NO. 66 C. PALADINO, OWNER, TO USE 960 BUSTI FOR AN LED WALL SIGN (NIA) (DPIS) (ITEM NO. 40, C.C.P., JUNE 25, 2013) Mr. Pridgen moved: That the above item be, and the above be returned to the Common Council with a recommendation for approval; and That pursuant to Section 387 -19 of the City of Buffalo Charter, the application of C. Paladino, Owner, to place an LED non - accessory wall sign (14' X 36) with accessory information ten minutes per hour in an M -1 Zoning District along the Niagara River west of the New York State Thruway 1 -190 at 960 Busti is hereby approved. PASSED AYES 9, NOES 0 NO. 67 FOOD STORE LICENSE (NEW) - 1175 HERTEL A/K /A 1183 % HERTEL (DEL)(DPIS) (ITEM NO. 29, C.C.P., MAY 14, 2013) Mr. Pridgen moved: That the above item be, and the same hereby is returned to the Common Council without recommendation; and Mr. Pridgen moved that the above item be recommitted to the Committee on Legislation ADOPTED NO 68 SECOND HAND DEALER - 1175 HERTEL A/K/A1183 HERTEL (DEL)(DPIS) (ITEM NO. 20, C.C.P.; MAY 28, 2013) Mr. Pridgen moved: That the above item be, and the same hereby is returned to the Common Council without recommendation, and That pursuant to Chapter 254 of the City Code, the Commissioner of the Department of Economic Development Permit and Inspection Services be, and he hereby is authorized to grant a Second Hand Dealer License to Adel Farouq Kadir d /b /a Baghdad Communications & Accessories, Located at 1175 Hertel a /k/a 1183 Hertel is hereby approved. PASSED AYES 9, NOES 0 RESOLUTIONS NO. 69 BY: COUNCIL PRESIDENT RICHARD FONTANA & COUNCIL MEMBER DARIUS G. PRIDGEN DATED: SEPTEMBER 12,2103 TELECOMMUNICATIONS PEG PROGRAM SCHEDULE WHEREAS, The Common Council of the City of Buffalo Office of Telecommunication was developed to provide the best possible service from telecommunication providers. With the rapidly changing environment it is imperative for the legislative body of the Common Council to be aware and informed of situations which effect the constituency of the City of Buffalo and for constituents to be informed of events affecting their city; and WHEREAS, During a Legislative Committee meeting on September 10, 2013 it was stated one of the challenges to effective public access viewing was a scheduling guide of programming which will allow the consumer to view public access programing at their convenience or the ability to use their DVR to record informative sessions; and WHEREAS, Currently, residents view programming on public access haphazardly due to the fact no schedule guide is provided for the viewing public. Public access is for the public and the same conveniences provided for mainstream viewers of TNT, CBS, BET, etc. should be provided for public access. Time Warner Cable representatives during the Legislative Committee meeting agreed to assist in providing a schedule guide for viewers of public access. NOW, THEREFORE BE IT RESOLVED, That the City of Buffalo Common Council request that the Office of Telecommunications work with representatives of Time Warner Cable to provide within 60 days of this resolution a programming guide utilizing the Time Warner Cable system so that residents may be able to take full advantage of the array of programs and information by Public Access, Education Access and Government Access; BE IT FURTHER RESOLVED, That once this request is finalized a report should be submitted to this honorable body for filing by the Director of Telecommunications to the City Clerk's Office; BE IT FINALLY RESOLVED, That a copy of this resolution be forwarded to the office of Telecommunication, Department of Public Works, Mayor's Office, and City Clerk. REFERRED TO THE COMMITTEE ON FINANCE NO. 70 BY: MR. FRANCZYK REQUEST TO CHANGE MAILING ADDRESS OF ONE HSBC CENTER TO ONE SENECA TOWER DATE: SEPTEMBER 17, 2013 Whereas: One HSBC Center, formerly known as the Marine Midland Center, is the tallest building in the City of Buffalo and the tallest privately owned office building outside of New York City in New York State; and Whereas: HSBC, formerly Marine Midland Bank, has been the main tenant since the building opened in 1972; and Whereas: On October 31, 2013, HSBC's lease in One HSBC Center expires and the building at 1 Seneca Street can no longer be referred to as One HSBC Center; and Whereas: Seneca One Realty, the owner of One HSBC Center, has requested that the Common Council approve the building being renamed One Seneca Tower, effective November 1, 2013; Now, Therefore Be It Resolved: That the City Clerk file a notice of intent and schedule a public hearing on the request by Seneca One Realty LLC to rename One HSBC Center as One Seneca Tower; and Now, Therefore Be It Resolved: That the Common Council of the City of Buffalo hereby approves the changing of One HSBC Center to One Seneca Tower, Buffalo, New York; and Be It Further Resolved: That copies of this resolution be sent to the City Clerk, the Department of Assessment and Taxation, the Department of Public Works, Parks and Streets, the Police Department, the Fire Department, the Office of the Erie County Clerk, the United States Postal Service and the Corporation Counsel. ADOPT 1st and 3rd RESOLVE REFER THE REMAINDER TO THE COMMITTEE ON LEGISLATION NO. 71 BY: COUNCIL MEMBER DAVID A. FRANCZYK WAIVE SPECIAL EVENTS PERMIT FEE FOR CENTRAL TERMINAL RESTORATION CORPORATION "MINI -FEST" Whereas: On September 28, 2013, the Buffalo Central Terminal Restoration Corporation will sponsor the 2013 "MINI -Fest" at the Buffalo Central Terminal located at 495 Paderewski Drive in Buffalo, NY; and Whereas: This event was developed to promote community participation, highlight the unique Buffalo treasure and historic landmark, and bring public awareness to the ongoing restoration efforts of the east side landmark; and Whereas: The all- community event will act as host to many nonprofits and other organizations that will set up for the public viewing of their services along with Chalk Art, special tours and the exciting MINI Cooper raffle drawing. Now, Therefore Be It Resolved: That the Common Council hereby requests that the event permit fee be waived for the September 28, 2013 "MINI- Fest ", conditioned upon obtaining the necessary insurance for the event, and any other City of Buffalo department request; and Be It Further Resolved: That a copy of this Resolution be sent to the Department of Special Events and the Department of Fire Prevention. PASSED AYES 9, NOES 0 NO. 72 SPONSOR- COUNCILMEMBERLOCURTO WAIVE PERMIT FEES FOR PARKSIDE OKTOBERFEST 6K Whereas, For 50 years, the Parkside Community Association, a 501 (C) (3) not - for - profit, has worked to preserve the historical Parkside Neighborhood and the flagship, Olmsted- designed Delaware Park that runs through it, to ensure the area endures as a wonderful place to live, work, and play; and Whereas, in honor of the Parkside Community Association's 50 Anniversary, the organization will host an Oktoberfest 5k in Delaware Park on Saturday, September, 28 at 5pm; and Whereas, A children's dash will also take place prior to the start of the race, and an Oktoberfest celebration and awards ceremony will follow at the Church of the Good Shepherd at 7pm; and Now, Therefore, Be it Resolved: That the City of Buffalo Common Council hereby waives all permit fees associated with hosting the Parkside Oktoberfest 5k in Delaware Park on September 28 at 5pm; and Be it Further Resolved: That a copy of this resolution is sent to the Department of Parks and Recreation. PASSED AYES 9. NOES 0 NO. 73 BY: COUNCIL MEMBER DARIUS G. PRIDGEN PROHIBIT PARKING IN FRONT OF BUFFALO CITY COURT WHEREAS: The Buffalo City Court building is the largest city court facility in New York State with open parking in front of its main entrance. Virtually all other city court facilities have restricted parking to create a security buffer around the perimeter of the building; and WHEREAS: The need for a safe secure zone around the perimeter of the building is highlighted by the following statistics: between 2010 and 2012, nearly 20,000 items of contraband were seized, including 271 firearms and 4,600 knives; and WHEREAS: On a daily basis there are approximately four to five mobile business vehicles parked in front of the Buffalo City Court building, with additional persons who stand on the sidewalk handing out palm cards, soliciting bail bonds business; and WHEREAS: In 2012 alone, there were nearly 80 aided, unusual occurrence and judicial threat reports filed involving the Buffalo City Court building. Currently, bail bonds' vehicle parking inhibits the ability of first responders to have rapid, safe and secure access into the courthouse. In addition, important dignitaries frequently visit the Court and parking for these dignitaries and security escorts in front of the building becomes a challenge; and WHEREAS: Crime victims, their friends and families, are in the same vicinity as defendants charged with a violent crime, their friends and families. This in and of itself creates volatility, however, this situation is heightened by virtue of the fact that bail bondsmen are able to transact business right in front of the building. Further, judges who set bail are placed in an awkward situation of encountering individuals who may unhappily be scrambling to post bail on behalf of an incarcerated defendant. Such an environment is rife with the potential for significant violence; and WHEREAS: Council members have gone on record in opposition to bail bonds vehicles being parked in front of the Buffalo City Court building, as their presence creates a hazardous environment for judges, victims, and members of the public; and WHEREAS: The New York State Unified Court System Eighth Judicial District Administrative Office requested that the Common Council restrict parking in front of the Buffalo City Court building. NOW, THEREFORE BE IT RESOLVED: That the Common Council hereby directs the Commissioner of Public Works, Parks and Streets to prohibit parking in front of the Buffalo City Court building except for official law enforcement vehicles doing business with the court; and BE IT FINALLY RESOLVED: That certified copies of this resolution be forwarded to Mayor Byron W. Brown, the City of Buffalo Department of Public Works, Parks and Streets, 8 Judicial District Administrative Judge Paula L. Feroleto, and the City of Buffalo Department of Parking. PASSED AYES 9, NOES 0 NO. 74 BY: MR. SMITH TRAILBLAZING SIGN REQUEST FOR BISHOP JAMES BOWMAN, SR. Whereas: Trailblazing signs, otherwise known as honorary street names are generally assigned to honor and commemorate persons associated with the City of Buffalo; and Whereas: Bishop James H. Bowman Sr., a native of Buffalo, New York was licensed in 1979 and ordained in 1982 to minister the word of god; and Whereas: Bishop Bowman attended Buffalo State College, the CH Mason Bible College and later attended Houghton Bible College where he received his Bachelor of Arts degree in Theology; and Whereas: In 1983, Bishop Bowman was appointed the pastor of Antioch FBH Church. As Pastor of Antioch, he has overseen Antioch's growth from 16 members to presently 500 members; and Whereas: Bishop Bowman continues to grace the presence of many influential leaders by facilitating conferences and workshops, and by establishing various programs in his surrounding community. Whereas: Bishop Bowman developed the Computer Assistance Program (C.A.P), a program targeting socially and economically disadvantaged individuals. He also established a youth educational after - school program and the Antioch Christian School of Ministry. Now, Therefore, Be It Resolved: That the Common Council of the City of Buffalo hereby approves the installation of a trailblazing sign at the comers of 'Emerson Place and Michigan Avenue" and proclaiming the area of Emerson Place between Michigan and Masten Avenue "Bishop James Bowman Way ". Be It Further Resolved: That the Department of Public Works is directed to erect a sign to this effect, once all fees associated with the Trailblazing Sign have been satisfied. PASSED AYES 9. NOES 0 1- YKK6I1LINIaLVil=ILVi1- 34:a17MNLIRKC111111:2:7 Bic] 40 NO. 75 TRAFFIC CONCERNS DURING EVENTS DATE: SEPTEMBER 17, 2013 WHEREAS: Throughout the year, numerous events occur in the City of Buffalo that close all or part of Lakefront Boulevard, with residents receiving notification via lawn signs placed in the city right of way approximately a week before a street closing; and WHEREAS: The closing of all or part of Lakefront Boulevard obstructs the only entrance and exit to some streets, causing these streets to be inaccessible throughout the duration of the events which on some occasions is for more than four hours; and WHEREAS: With the relatively short summer season residents often plan activities, celebrations and other events to be held at their residence and currently receive very short notice and limited input in the decision making process or planning of street closings; and WHEREAS: The inaccessibility of these streets is a great inconvenience to residents. The obstructed streets prevent emergency vehicles from getting to homes if necessary and further prevents residents from leaving or entering their own houses; and WHEREAS: A detailed traffic plan for events that would close all or part of Lakefront Boulevard would provide an alternate route for vehicles to enter and /or exit the obstructed streets during these events. NOW, THEREFORE BE IT RESOLVED: That the Common Council directs the Department of Public Works, Parks and Streets, in conjunction with the Special Events Committee, to develop a detailed traffic plan for events that would close all or part of Lakefront Boulevard; and BE IT FURTHER RESOLVED: That the Common Council respectively requests the City of Buffalo Special Events Committee to temporarily delay the approval of any events in the year 2014 that would close all or part of Lakefront Boulevard until such a plan has been developed; and BE IT FINALLY RESOLVED: That certified copies of this resolution be forwarded to Mayor Byron W. Brown, the City of Buffalo Department of Public Works, Parks and Streets, the Special Events Committee, the Traffic Engineer and B- District Police Chief Brian K. Patterson. ADOPTED 0 [61wLl BY: COUNCILMEMBER RIVERA WAIVER OF FEES FOR "CROSSING TO FREEDOM TOGETHER, HONORING OUR ANCESTORS" AT BRODERICK PARK Whereas, Buffalo Quarters Historical Society is an organization charged with increasing awareness of the significant role of Buffalo in the Underground Railroad movement; and Whereas, Broderick Park, located at the foot of Ferry Street, served as the final point on the Underground Railroad for many before crossing the Niagara River to Canada; and Whereas, on September 13 & 14, Buffalo Quarters Historical Society will be hosting events to re- commemorate Broderick Park, where a new amphitheater and walkway has been constructed; and Whereas, the events will feature performances, readings, and a blessing of the new grounds at Broderick Park. Now, Therefore, Be It Resolved, the Common Council approves the waiving of the fees associated with this event; and Be It Finally Resolved, the City Clerk is directed to send a copy of this resolution to the Public Works, Parks & Streets Department and to the Mayor's Special Events Office. PASSED AYES 9, NOES 0 NO. 77 BY: COUNCILMEMBER DAVID A. RIVERA DATE: 17 SEPTEMBER 2013 WAIVER OF FEES FOR PEOPLE UNITED FOR SUSTAINABLE HOUSING'S ANNUAL MEMBERSHIP MEETING. Whereas: People United for Sustainable Housing (hereafter referred to as "PUSH ") is a non - profit committed to engaging residents of Buffalo in promoting social justice by working with municipalities and corporations on greater community investment, and Whereas: PUSH strives for this goal through public education and organizing of residents to ensure all communities are receiving proper service and investment; and Whereas: PUSH will hold their "annual membership meeting" where members of the community will gather at Massachusetts Avenue Park to celebrate the goals accomplished this year and prepare for the following year; and Whereas: The purpose of this event is to encourage the community to work together to make the community a better place to live, work and play; and Whereas: PUSH will host the event on Saturday, September 21, 2013 from 3pm -7pm. Now, Therefore Be It Resolved: The Common Council of the City of Buffalo waives all city special event fees including park permit fees associated with the People United for Sustainable Housing's Annual Membership Meeting at Massachusetts Avenue Park on Saturday, September 21, 2013 from 3pm -7pm; and Be It Further Resolved That copies of this resolution be sent to the Department of Public Works, Parks and Streets and the Office of Special Events. PASSED AYES 9, NOES 0 NO. 78 BY: MR. SCANLON CAPITAL BUDGET AMENDMENT — CAPITAL PROJECTS That pursuant to Section §20 -28 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the Capital Program for the fiscal year 2014 be and the same is hereby amended by adding the following item under the heading: Capital Projects - Public Works - Historical Society Electrical Renovations $530,000 PASSED AYES 9, NOES 0 NO. 79 SPONSORS: CHRISTOPHER P. SCANLON AND DARIUS G. PRIDGEN SEPTEMBER 6, 2013 WAIVE EVENT FEES FOR ROBBY TAKAC'S MUSIC IS ART FESTIVAL AND CHEF'S RESTAURANT'S 90TH ANNIVERSARY CELEBRATION, "THE WORLD'S LARGEST PASTA DINNER" 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, Robby Takac's Music is Art Preview Night will take place on Tuesday, September 10, 2013 at 5:30pm at Chefs Restaurant. The event is dedicated to exploring and reshaping music's cultural, social, and educational impact on our community; and WHEREAS, Chefs Restaurant's 901h Anniversary Celebration, "The World's Largest Pasta Dinner ", will take place on Wednesday, September 11 at 6:OOpm. Proceeds of this event will benefit the Wounded Warrior Project which raises awareness and enlists the public's aid for the needs of injured service members as well as provides unique, direct programs and services to meet the needs of injured service members; and WHEREAS, Both of these events are not for profit and dependent upon the tireless work of volunteers; and NOW, THEREFORE, BE IT RESOLVED, That the Common Council of the City of Buffalo respectfully requests that the Department of Special Events, Department of Permits & Inspections, and the Department of Public Works waive all fees applicable the Robby Takae's Music is Art Festival and Chefs Restaurant's 90th Anniversary Celebration, "The World's Largest Pasta Dinner "; and BE IT FURTHER RESOLVED, That the City Clerk forward a copy of this resolution to the Commissioners of the Departments of Permits & Inspections and Public Works. PASSED AYES 9, NOES 0 NO. 80 BY: DEMONE A SMITH APPOINTMENTS COMMISSIONERS OF DEEDS REQUIRED FOR THE PROPER PERFORMANCE OF PUBLIC DUTIES That the following person(s) are hereby appointed as Commissioner of Deeds for the term ending December 31, 2014, conditional upon the persons so appointed certifying under oath to their qualifications and filing same with the City of Buffalo. Scott Harvey Total: 1 raz.�ira. NO. 81 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, Sept. 24, 2013 at 9:45 o'clock A.M Committee on Finance following Civil Service Tuesday, Sept. 24, 2013 at 10:00 o'clock A.M. Committee on Comm. Dev. Tuesday, Sept. 24, 2013 at 1:00 o'clock P.M. Committee on Legislation Tuesday, Sept. 24, 2013 at 2:00 o'clock P.M. (Public Disclaimer): All meetings are subject to change and cancellation by the respective Chairmen of Council Committees. In the event that there is sufficient time given for notification, it will be provided. In addition, there may be meetings set up whereby the City Clerk's Office is not made aware: therefore. unless we receive notice from the respective Chairmen. we can only make notification of what we are made aware. NO. 82 ADJOURNMENT On a motion by Mr. Smith, Seconded by Mrs. Russell, the Council adjourned at 2:38 P.M. GERALD A. CHWALINSKI CITY CLERK September 17, 2013