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Home My WebLink About13-1001NO. 18 PROCEEDINGS OF THE CITY OF BUFFALO OCTOBER 1, 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 OCTOBER 1, 2013 FINAL MAYOR MAYOR - EXECUTIVE 1. Pres Bd -Bd Vote for 651 Broadway St. Ann's RC Church LEG 2. Plan Bd- SEQRA- Negative Declaration -130 South Park(Fill) R &F 3. Plan Bd- Notice of Intent to Act as Lead Agency for Alita USA -100 Rittling Blvd R &F 4. Strat Plan- Report of Sale 477, 483 & 485 Grant(Nia) APP 5. Strat Plan- Report of Sale -656 LaSalle(Univ) APP 6. Strat Plan- Report of Sale -30 Loepere(Fill) APP 7. Strat Plan- Report of Sale -518 Northampton(E11) CD 8. Strat Plan- Response to Sale of Vacant Lot -184 Brinkman(Lov) CD 9. Strat Plan- Transfer Jurisdiction 101 Hertel Ave(School 51)(North) R &F COMPTROLLER 10- 9A. Certificate of Necessity- Increased Appropriation - Police Vehicles R &F 11- 9B. Certificate of Necessity- Transfer of Funds -City Planning R &F PUBLIC WORKS 12- 10. Application for State Assistance for Municipal Waste Reduction and /or Recycling Proj APP 13- 11. Change in Contract -MLK Pk Casino Lighting Proj Engr Services(Masten) APP 14- 11A. Change in Contract - Lafayette Ice Rink Improv($40,000)(Del) APP 15- 11 B. Change in Contract - Lafayette Ice Rink Improv($234,000)(Del) APP 16- 11C. Permission to Engage In Agmt for Electronic Waste and Recycling Servs APP 17- 12. Permission to Enter Agmt NYSID Broadway Market Cleaning Contract APP 18- 13. Permission to Make Payment HD Supply Waterworks MLK Jr. Pk Humboldt Basin Improv Proj(Masten) APP 19- 14. Permission to Negotiate /Acquire ROW Parcels and Sign Lease Agmt N. Bflo Rails -to- Trails Proj (Univ) APP 20- 15. Report of Bids Hudson St Pedestrian Bridge Over 1190 APP 21- 16. Report of Emergency Bid Oberlin Ave 8 -inch Watermain APP 22- 16A. Request Permission to Accept Funds Bflo Bisons Hockey and BSA for Lafayette Ice Rink(Del) APP 23- 16B. Sunnking, Inc. Electronics Recycling Request to Rescind Contract Extension _APP 24- 17. Appoint Supervisor of Street Sanitation I(Prov)(Inter)(Scott) CS POLICE 25- 17A. Approval to Purchase New Police Vehicles APP 26- 18. City Surveillance Camera R &F FIRE 27- 19. Appoint Battalion Chief(Prom)(Perm)(Angrisano) CS CORPORATION COUNSEL 28- 20. Appoint Assistant Corp Counsel /Municipal Attorney(Perm)(Duncan) CS PERMITS AND INSPECTIONS 29- 21. Food Store(New) 1373 Main aka 1381(Ell) LEG 30- 21A. Response- Restricted Use Permit 69 W. Chippewa(10 /17)(E11) R &F 31- 21 B. Response- Restricted Use Permit 75 W. Chippewa(10 /11)(Ell) R &F 32- 21C. Response- Restricted Use Permit 75 W. Chippewa(10 /18)(E11) R &F 33- 22. Appoint Senior Typist(Perm)(3 Step)(Draffin) CS ADMINISTRATION AND FINANCE 34- 23. Appoint Senior Special Assistant(Exempt)(Deeb) CS PARKING 35- 24. Appoint Special Assist to the Comm(Exempt)(Jones) CS CITY CLERK 36- 25. Notice of Intention -Req Change of Mailing Address of One HSBC Center to One Seneca Tower(Pub Hrg 10/15) ADOPT 37- 26. Restricted Use Permit -75 W. Chippewa(10 /11/13)(Ell) APP 38- 27. Restricted Use Permit -75 W. Chippewa(10 /18/13)(Ell) DENY 39- 28. Restricted Use Permit -69 W. Chippewa (10/17/13)(Ell) APP 40- 29. Liquor License Applications R &F 41- 30. Leaves of Absence R &F 42- 31. Appoint Legislative Aide Delaware District(Bishop) ADOPT 43- 32. Notices of Appointment - Seasonal R &F 44- 33. Notices of Appointments- Temp /Prov /Perm CS MISCELLANEOUS 45- 34. K. Barnashuk - Supplement to Appl by T- Mobile 523 & 535 Northampton St LEG 46- 34A. K. Barnashuk -T- Mobile 523 & 535 Northampton Invite to Site LEG 47- 35. R. Bates - Support St. Ann's RC Church LEG 48- 36. K. Keenan -Resp Landmark Appl 651 Broadway St. Ann's RC Church LEG 49- 37. M. LoCurto- Concerns 1488 Hertel Ave R &F 50- 38. K. Nightingale- Bottom's Up Comingling LEG 51- 39. D. Pridgen -Sen. Kennedy Authorizes a Pilot Residential Pkg Permit Sys in COB - LEG 52- 40. C. Scanlon -M. Cox -Req for PAL to Speak Before the Common Council FIN 53- 41. D. Smith -Bd of Ed Resolution -To Require Attendance of Students 4 Years of Age to Attend Pre -K ED 54- 41A D. Smith - Affordable Care Act Health Insurance Marketplace Outreach and Enrollment Toolkit R &F 55- 41 B. D. Smith - Toronto Manufacturer to Buy NFTA Parcel on Outer Harbor CD 56- 42. T. Yots- Support Landmark Designation 651 Broadway St. Ann's RC Church LEG PETITIONS 57- 43. L. Struski, Owner, Use 2115 South Park - Reopen Existing Tavern in the South Park Special Zoning District(South)(hrg 10/08) LEG,CPBD 58- 44. G. Ingrao, Owner, Use 1669 Hertel for a Take Out Restaurant in the Hertel Ave Special Business District(Del)(hrg 10/08) LEG,CPBD 59- 45. S. Ahmeti, Owner, Use 1008 Elmwood to Operate an Existing Restaurant Under New Ownership in the Elmwood Ave Special District(Del)(hrg 10/08) LEG,CPBD RESOLUTIONS 77- 46. Fontana Waive Construction Fees & Contractor License Fees for Habitat for Humanity Buffalo for 2013 -2014 APP 78- 47. Fontana Waiver of Fees for 1 St Annual Schiller Park Oktoberfest APP 79- 48. Fontana Waiver of Fees for Boy Scout Troop #128 APP 80- 49. Golombek Invitation to ECC to Partner with COB on Downtown Campus Expansion CD 81- 50. LoCurto Appoint Marriage Off icer(Munson- Ellis) ADOPT 82- 51. LoCurto Waive Permit Fees for Elmwood - Franklin Walk- a -Thon in Delaware Park APP 83- 51A. Rivera Request Traffic Study- Richmond Ave ADOPT 84- 51B. Russell Budget and Personnel Amend -CC Legislative #11 APP 85- 52. Scanlon Bond Resolution -Bflo and EC Historic Society Electrical Upgrade 86- 52A. Scanlon Increased Appropriation - Police Vehicles APP 87- 52B. Scanlon Transfer of Funds -City Planning APP 88- 53. Scanlon Waive Band Shell Rental and Permit Fees for WNY United Against Drugs & Alcohol Abuse APP 89- 53A. Smith Comm of Deeds - Public Duties ADOPT SUBMISSION LIST OF COMMITTEE ITEMS FOR THE COUNCIL MEETINGS CIVIL SERVICE 60- 1. Com 24 Sept 17 Appoint Battalion Chief(Perm)(Bossi, Graham, 76- 17. No 53 June 25 Food Store License (New) 1545 Broadway(Fill)(EDPI)( #38,4/2)( #87,4 /16)APP W /COND CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO TUESDAY, OCTOBER 1, 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 17, 2013 were approved FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE BUFFALO PRESERVATION BOARD NO. 1 PRES BD -BD VOTE FOR 661 BROADWAY ST. ANN'S RC CHURCH Land marking of St. Ann's Church -651 Broadway Dear Chairman Pridgen, The Buffalo Preservation Board held a Public Hearing on Thursday September 19, 2013 @3:00pm in Room 9001 City Hall. The board members voted unanimously to seek the Landmark Status of St. Ann's Church located at 651 Broadway Street. Attached is the hearing attendance along with a letter of support from Preservation Buffalo- Niagara. Sincerely, Angela Webber Acting Executive Secretary Preservation Board Senior Typist Planning /Zoning /Preservation Board REFERRED TO THE COMMITTEE ON LEGISLATION FROM THE CITY PLANNING BOARD NO. 2 PLAN BD- SEQRA- NEGATIVE DECLARATION -130 SOUTH PARK (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 (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: Cobblestone Bar & Grill Location: 130 South Park Avenue Type of Action: uncoordinated - unlisted Description: Fittante Architecture is proposing on behalf of the Cobblestone Bar & Grill the expansion of the expansion of the building with outdoor patio areas located at 130 South Park Avenue Street Buffalo New York. The owners, Darryl Cart and Marias Preietta are requesting a new three Meldrum, Flaherty, Murphy, Reid)(Fire) APP 61- 2. Com 25 Sept 17 Appoint Captain(Perm)(Breski, Mendola, Robertson, Majtyka,- Hartman, Muscarella, Donovan, Hoare, Mann, Gooch)(Fire) APP 62- 3. Com 26 Sept 17 Appoint Division Chief(Perm)(Biasillo, Lamacchia)(Fire) APP 63- 4. Com 27 Sept 17 Appoint Lieutenant(Perm)(Connelly, Farrell, Eaton, O'Shei, Kelley, Charvat, Sikora, Vivian, Nieves, Smith, Mulderig, O'Donnell, Murzynowski, Flanagan, Wilkinson, Cohill, Flett, Cassel, Bannister, Luthringer, Scanlon, Panaro, Wachowski(Fire) APP 64- 5. Com 40 Sept 17 Notices of Appointments- Temp /Prov /Perm(Cty Clk) R &F FINANCE 65- 6. No 66 July 9 D. Pridgen- Concerns Closing Citizens Bank R &F COMMUNITY DEVELOPMENT 66- 7. No 44 Sept 17 K. Keenan -Resp- Moratorium on Demolition of St. Ann's RC Church LEG 67- 8. Com 2 July 30 Permission to Negotiate /Acquire ROW Parcels North Buffalo Rails to Trails Project(Univ) R &F LEGISLATION 68- 9. No 46 Sept 17 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) APP W /COND 69- 10. No 36 Sept 17 Restricted Use Permit -75 W. Chippewa(10 /04 /13)(EII)(CtyClk) APP 70- 11. No 37 Sept 17 Restricted Use Permit -75 W. Chippewa (10 /18 /13)(EII)(CtyClk) R &F 71- 12. No 59 Sept 17 J. Kobylanski, Agent, Use 1488 Hertel for a Restaurant in the Hertel Ave Business District(Del)(hrg 09/10)( #78, 9/3) APP W /COND 72- 13. No 60 Sept 17 Used Car Dealer -2687 Bailey(Univ)(EDPI)( #45,9/3) APP 73- 14. No 82July 23 D. Pridgen -L. Gist - Concerns Bail Bonds Vehicles R &F 74- 15. No 68 June 11 D. Pridgen- Concerns Advertisement on Metro Rail Cars R &F 75- 16. No 69 June 11 D. Pridgen - Preservation Bd Denial of Awning at 295 Main St(Fill) R &F 76- 17. No 53 June 25 Food Store License (New) 1545 Broadway(Fill)(EDPI)( #38,4/2)( #87,4 /16)APP W /COND CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO TUESDAY, OCTOBER 1, 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 17, 2013 were approved FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE BUFFALO PRESERVATION BOARD NO. 1 PRES BD -BD VOTE FOR 661 BROADWAY ST. ANN'S RC CHURCH Land marking of St. Ann's Church -651 Broadway Dear Chairman Pridgen, The Buffalo Preservation Board held a Public Hearing on Thursday September 19, 2013 @3:00pm in Room 9001 City Hall. The board members voted unanimously to seek the Landmark Status of St. Ann's Church located at 651 Broadway Street. Attached is the hearing attendance along with a letter of support from Preservation Buffalo- Niagara. Sincerely, Angela Webber Acting Executive Secretary Preservation Board Senior Typist Planning /Zoning /Preservation Board REFERRED TO THE COMMITTEE ON LEGISLATION FROM THE CITY PLANNING BOARD NO. 2 PLAN BD- SEQRA- NEGATIVE DECLARATION -130 SOUTH PARK (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 (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: Cobblestone Bar & Grill Location: 130 South Park Avenue Type of Action: uncoordinated - unlisted Description: Fittante Architecture is proposing on behalf of the Cobblestone Bar & Grill the expansion of the expansion of the building with outdoor patio areas located at 130 South Park Avenue Street Buffalo New York. The owners, Darryl Cart and Marias Preietta are requesting a new three story addition on the west side of the existing building. The addition will house an elevator, stairs, restrooms, storage and kitchen area, There will also be a 1765 S.F. three story patio addition. The first floor of the patio area will be utilized for some parking as well as a smaller patio area. The upper two floors of the patio will be used for seating and entertainment. Renovations to the existing building will be made to the second floor to house a kitchen, bar and restaurant. There will be a 500 S.F. addition added to the third floor. The remainder of the roof will be made accessible for outdoor seating and entertaining. The new building addition will be a Limestone - concrete panel system that will complement the colors of the existing building, but separate it from the historical significance of the existing nearby structures. This project is also being reviewed by the City of Buffalo Preservation Board 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 not appear to be significant in magnitude or effect. The building addition and new patio areas will allow the Cobblestone Bar & Grill to remain competitive in the ever growing Cobblestone community. 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: September24, 2013 RECEIVED AND FILED NO. 3 PLAN BD- NOTICE OF INTENT TO ACT AS LEAD AGENCY FOR ALITA USA -100 RITTLING BLVD City of Buffalo Planning Board Notice of Intent to Act as Lead. Agency pursuant to the State Environmental Quality Review Act Dear Interested and Involved Agencies: The City of Buffalo Planning Board ( "Planning Board ") has received a pre - application for site plan review and approval pursuant to Section 511 -138 of the Charter and Code of the City of Buffalo ( "Code ") for the Alita USA Inc. ( "Alita ") Proposed Steel Tube Manufacturing Project (the "Project ") involving the proposed construction and operation of a industrial manufacturing facility to produce high frequency, electric resistance weld off country tubular goods ( "OCTG') pipes in the City of Buffalo on vacant industrial land which is adjacent to the Hydro -Air facility, located at 100 Rittling Boulevard -( Site ). Pursuant to SEQRA (as defined below), the Planning Board may not undertake or approve the Project until it has complied with the requirements contained in SEQRA for such action or project. For your reference, we enclose herewith the following documentation: The Planning Board, by a majority vote at its meeting and a resulting resolution dated September 24, 2013, declared its intent to act as lead agency for this Type I action and authorized the Planning Board to take such further actions that may be necessary to issue this notice, pursuant to and in accordance with Article 8 of the Environmental Conservation Law, Chapter 43 -B of the Consolidated Laws of New York, as amended the State Environmental Quality Review Act and the regulations adopted pursuant thereto by the Department of Environmental Conservation of the State of New York, being 6 NYCRR Part 617, as amended (collectively " SEQRA'). See, Exhibit B. Accordingly, the Planning Board is providing your agency, board or department with this Notice of its Intent to act as Lead Agency for the Project. See, Exhibit C. The Planning Board has identified several potentially interested or involved agencies including your agency, board or department. See, Exhibit D. A copy of the Full Environmental Assessment Form (Part 1) is included in Exhibit E for your review. Pursuant to SEQRA, a lead agency must be agreed to within thirty (30) days of the date of this letter. We request that your agency accept and approve the designation of the Planning Board as Lead Agency for this Project by signing the enclosed "Acknowledgement of Proposed Lead Agency Designation" form. See, Exhibit F. The form may be faxed or mailed to my office. Any interested or involved agency that does not respond within 30 days will be deemed to have consented. If you have any questions please contact me at: The City of Buffalo Planning Board Martin Grunzweig Land Use Control Coordinator 901 City Hall Buffalo NY 14202 Phone: 716- 851 -5085 RECEIVED AND FILED FROM THE OFFICE OF STRATEGIC PLANNING NO.4 REPORT OF SALE 477,483 & 485 GRANT(NIA) 477 Grant, 254.57' S Forest Lot Size: 0' x 120' Assessed Valuation: $ 500 483 Grant, 224.07' S Forest Lot Size: 30.50'x 120' Assessed Valuation: $3,000 485 Grant, 196.07' S Forest Lot Size: 28'x 120' Assessed Valuation: $4,500 (Niagara District) The Office of Strategic Planning, Division of Real Estate has received a request from James Toolen LLC, 1131 Delaware Avenue, Buffalo, New York 14209 to purchase 477, 483 and 485 Grant Street. Elmwood Village Contracting Services LLC owns 475 Grant Street which is adjacent to 477, 483 and 485 Grant. Both companies are owned by Greenleaf & Company, James R. Swiezy, owner. They intend to construct a 2,000 square foot commercial building. Proof of financial ability for the purchase and construction have been provided and reviewed by the Division of Real Estate. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. A market analysis performed by the Division of Real Estate showing similar sales in the area range from Seventy Five Cents ($75) to One Dollar and Sixty Cents ($1.60) per square foot. James Toolen LLC has agreed and is prepared to pay Seven Thousand Eight Hundred Dollars ($7,800), One Dollar and Three Cents ($1.03) per square foot for the subject properties. They have also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 477,483 and 485 Grant to James Toolen LLC or entity to be designated in the amount of Seven Thousand Eight Hundred Dollars ($7,800). 1 am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. Mr. Smith moved: That the above item be, and the above communication from the Office of Strategic Planning, dated September 23, 2013, be received and filed; and That the offer from James Toolen LLC, i 131 Delaware Avenue, Buffalo, New York 14209, in the amount of Seven Thousand Eight Hundred Dollars ($7,800.00) for the purchase of 477 Grant, 483 Grant and 485 Grant, be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES 9, NOES 0 NO. 5 REPORT OF SALE -656 LASALLE(UNIV) 656 LaSalle, 185'W Orleans Lot Size: 30'x 126' Assessed Valuation: Land: $6,200 Improvement: $47,200. Total: $53,000 (University District) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Israfil Islam and Mrs. Khursheda Islam, 43 -29 39 PI, Apartment #8, Sunnyside, New York 11104 to purchase 656 LaSalle Avenue. Mr. and Mrs. Islam will renovate the dwelling for use as a place of residence for their daughter, who has recently relocated to the Buffalo area. They have estimated the cost of renovations to be Eleven Thousand Dollars ($11,000) that has been reviewed by the Division of Real Estate. Mr. and Mrs. Islam have provided proof of financial ability to complete the purchase and repair the property. 656 LaSalle consists of 1,821 square feet, two and one half story frame, two family dwelling situated on a lot 30'x 126'. The property was acquired by the City through In Rem #41, in October 2007. A building permit will be required for the improvement to this property. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchasers. The property was appraised by G.A.R. Associates, Inc. to estimate the fair market value of 656 LaSalle. The Fair Market Value was estimated to be Eleven Thousand Dollars ($11,000). The City of Buffalo Appraisal Review Board reviewed the appraisal report and concurs with the appraiser's estimate of value. Mr. and Mrs. Islam have agreed and are prepared to pay Eleven Thousand Dollars ($11,000) for the subject property. They have also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 656 LaSalle Avenue to Mr. Israfil Islam and Mrs. Khursheda Islam for the amount of Eleven Thousand Dollars ($11,000) 1 am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. Mr. Smith moved: That the above item be, and the above communication from the Office of Strategic Planning, dated September 23, 2013, be received and filed; and That the offer from Mr. Israfil Islam and Mrs. Khursheda Islam of 43 -29 39 PI., Apartment #8, Suunyside, New York 11104, in the amount of Eleven Thousand Dollars • ($11,000.00) for the purchase of 656 LaSalle Avenue, be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES 9, NOES 0 NO. 6 REPORT OF SALE -30 LOEPERE(FILL) 30 Loepere, 267.46' N Broadway Lot Size: 30'x 108' Assessed Valuation: $1,100 (Fillmore District) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Anjum Riaz, 32 Loepere Street, Buffalo, New York 14212 to purchase 30 Loepere Street. Mr. Riaz owns and resides at 32 Loepere, which is adjacent to 30 Loepere. The property will be used for green space. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. A market analysis performed by the Division of Real Estate showing similar sales in the area range from Thirty ($.30) to Sixty Cents ($.60) per square foot. Mr. Riaz has agreed and is prepared to pay One Thousand One Hundred Dollars ($1,100), Thirty Four Cents ($.34) per square foot for the subject property. He has also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 30 Loepere to Mr. Anjum Riaz in the amount of One Thousand One Hundred Dollars ($1,100). I am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. Mr. Smith moved: That the above item be, and the above communication from the Office of Strategic Planning, dated September 23, 2013, be received and filed; and That the offer from Mr. Anjum Riaz of 32 Loepere Street, Buffalo, New York 14212, in the amount of One Thousand One Hundred Dollars ($1,100.00) for the purchase of 30 Loepere Street, be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES 9, NOES 0 NO. 7 REPORT OF SALE -518 NORTHAMPTON(ELL) 518 Northampton, 62.75' E Wohlers Lot Size: 32'x 125', 118.42' EL, 31' Rear Assessed Valuation: Land: $ 2,100. Improvement: $2,900. Total: $ 5,000. (Ellicott District) The Office of Strategic Planning, Division of Real Estate has received a request from Mrs. Mignonette Waiters and Mr. Kadeem Waiters (son), 328 Lisbon Avenue, Buffalo, New York 14215 to purchase 518 Northampton Avenue. Mrs. Waiters and son Kadeem Waiters will renovate the dwelling for use as their personal residence. They have estimated the cost of renovations to be Twelve Thousand Nine Hundred Dollars ($12,900) that has been reviewed by the Division of Real Estate. They have provided proof of financial ability to complete the purchase and repair the property. 518 Northampton consists of 2,496 square feet, two and one half story wood frame, two family dwelling in poor condition situated on a lot 32' x 125'. The property was acquired by the City through In Rem #41, in October 2007. A building permit will be required for the improvements to this property. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchasers. The property was appraised by G.A.R. Associates, Inc. to estimate the fair market value of 518 Northampton. The Fair Market Value was estimated to be Two Thousand Five Hundred Dollars ($2,500). The City of Buffalo Appraisal Review Board reviewed the appraisal report and concurs with the appraiser's estimate of value. Mrs. Mignonette Waiters and Mr. Kadeem Waiters have agreed and are prepared to pay Two Thousand Five Hundred Dollars ($2,500) for the subject property. They have also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 518 Northampton Avenue to Mrs. Mignonette Waiters and Mr. Kadeem Waiters for the amount of Two Thousand Five Hundred Dollars ($2,500). ] am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 8 RESPONSE TO SALE OF VACANT LOT -184 BRINKMAN(LOV) Response to Resolution Sale of Vacant Lots to Homeowner on Brinkman Street Rose Woodson 184 Brinkman, 238' S Rohe Lot Size: 30'x 11 8' Assessed Valuation: $1,900.00 (Lovejoy District) PRIOR CONCIL REFERENCE: Item #96, C.C.P. September 3, 2013 The Office of Strategic Planning, Division of Real Estate has received a request from Mrs. Rose Ann Woodson, 180 Brinkman Street, Buffalo, New York 14211 to purchase 184 Brinkman. Mrs. Woodson owns and resides at 180 Brinkman, which is adjacent to 184 Brinkman. She intends to use the vacant lot for green space. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. Pursuant to Resolution No. 96, C.C.P. September 3, 2013, Your Honorable Body requests the Office of Strategic Planning, Division of Real Estate authorize the sale of vacant parcels on Brinkman Street for the price of Two Hundred Fifty Dollars ($250.) each. The Division of Real Estate will prepare the necessary documents per Your Honorable Body's approval. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 9 TRANSFER JURISDICTION 101 HERTEL AVENUE FORMER SCHOOL 51 (NORTH DISTRICT) The Office of Strategic Planning, Division of Real Estate has been informed by the Buffalo Board of Education that they no longer need 101 Hertel Avenue, School 51 for educational purposes. As of February 1, 2013 the Board of Education turned the keys and control of the former school to the City of Buffalo to dispose of. This office is recommending that Your Honorable Body authorize the abandonment of School 51, located at 101 Hertel Avenue. The former school will be placed in the Office of Strategic Planning, Division of Real Estate's catalog of property available for sale will be sold in accordance with Article 27 of the City Charter. RECEIVED AND FILED FROM THE COMPTROLLER NO. 10 CERTIFICATE OF NECESSITY INCREASED APPROPRIATION - POLICE VEHICLES We, Byron W. Brown, Mayor and Mark J. F. Schroeder, Comptroller, do hereby certify, pursuant to Section §20 -11 of the Charter, that an increase in the sum of $1,100,000 in the estimate for the fiscal year beginning July 1, 2013 is necessary in the Department of Police to meet a contingency which could not have been reasonably foreseen when the budget was adopted. The amount of increased appropriation will be met from increased revenue in the account titled Fund Balance, not otherwise appropriated for any other purpose. The details of the requirements are set forth below: From: 10700096- 397200 Fund Balance- Restricted - Capital $ 1,100,000 Outlay To: 12005007 - 474200 Police - Capital Outlay — Vehicles $1,100,000 RECEIVED AND FILED NO. 11 CERTIFICATE OF NECESSITY TRANSFER OF FUNDS -CITY PLANNING We, Byron W. Brown, Mayor and Mark J. F. Schroeder, Comptroller, do hereby certify, pursuant to Section §20 -12 of the Charter, that it is necessary that the sum of $ 159,650 be transferred and reappropriated as set forth below: From: 30000106 - 445100 City Planning $159,650 To: 300010106 - 445100 Tree Management and Planning $159,650 RECEIVED AND FILED FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO.12 APPLICATION FOR STATE ASSISTANCE FOR MUNICIPAL WASTE REDUCTION AND /OR RECYCLING PROJECT A Resolution Authorizing the Filing of an Application for State Grant -In -Aid from the Municipal Waste Reduction and Recycling Project and Signing of the associated State Contract, Under the Appropriate Laws of New York State. WHEREAS, the State of New York provides financial aid for municipal waste reduction and municipal recycling projects; and WHEREAS the City of Buffalo, herein called the MUNICIPALITY, has examined and duly considered the applicable laws of the State of New York and the MUNICIPALITY deems it to be in the public interest and benefit to file an application under these laws; and WHEREAS, it is necessary that a Contract by and between THE PEOPLE OF THE STATE OF NEW YORK, herein called the STATE, and the MUNICIPALITY be executed for such STATE Aid; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF BUFFALO 1. That the filing of an application in the form required by the State of New York in conformity with the application laws of the State of New York including all understanding and assurances contained in said application is hereby authorized. 2. That Commissioner Steven J. Stepniak is directed and authorized as the official representative of the MUNICIPALITY to act in connection with the application and to provide such additional information as may be required and to sign the resulting contract if said application is approved by the STATE; 3. That the MUNICIPALITY agrees that it will fund its portion Ofthe cost of said Municipal Waste Reduction and Recycling Project; 4. That four (4) Certified Copies of this Resolution be prepared and sent to the NYSDEC; 5. That this resolution shall take effect immediately. 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 19, 2013, be received and filed; and That the Common Council hereby authorizes the filing of an application for a State Grant -In -Aid from the Municipal Waste Reduction and Recycling Project and the signing of the associated State contract, under the appropriate laws of New York State; that the Commissioner of the Department of Public Works, Parks and Streets is hereby directed and authorized as the official representative of the City of Buffalo to act in connection with the application and to provide such additional information as may be required and to sign the resulting contract if said application is approved by the State; and that the City of Buffalo agrees that it will fund its portion of the cost of said Municipal Waste Reduction and Recycling Project. PASSED AYES 9, NOES 0 NO. 13 CHANGE IN CONTRACT MLK PARK CASINO LIGHTING PROJECT ENGINEERING SERVICES JOB# 1317 MASTEN DISTRICT PRIORCOUNCILREFERENCE: Item No. 78, CCP 05/01/12 1 hereby submit to Your Honorable Body the following changes for the Engineering Services for MLK Park Casino Lighting Project, Flynn /Battaglia Architect, C #93001176. These Engineering services are necessary due to the project's concerns for viability of reusing the existing lamp post foundation. The additional fee is for structural engineering services to review existing foundations and provide a design for new concrete foundation. 1. The proposed lamp post for the project, The Madison, Add $ 605.00 is approximately 30 "in height. The current post are approximately 15 "in in height. It has been determined that the foundation depth and diameter is inadequate. Therefore, it is not possible to simply switch out the existing lamp post for The Madison fixture. A new foundation design for the height of the fixture will be provided. The foregoing change results in a net increase in the contract of Six Hundred and Five and 00/100 Dollars ($605.00). Summary: Original Contract Amount $82,655.00 Amount of This change Order ( #1) $ 605.00 Revised Contract Amount $83,260.00 Costs have been reviewed by the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds are available in 36329906 445100 - Division of 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 25, 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 $605.00 (Original Contract Amount $82,655.00 + Change Order #1 $605.00 for a Revised Contract Amount of $83,260.00) for the Engineering Services for MLK Park Casino Lighting Project, to Flynn /Battaglia Architect, C #93001176. Funds for this project are available in Account #36329906 445100 - Division of Buildings. PASSED AYES 9. NOES 0 NO. 14 CHANGE IN CONTRACT LAFAYETTE (NB) ICE RINK IMPROVEMENTS JOB #1249 DELAWARE DISTRICT I hereby submit to Your Honorable Body the following changes for Lafayette (NB) Ice Rink, Improvements, Goodwin Electric, C #93001162. 1. Install site lighting for new 30,000 square feet parking lot addition, including 20 feet high light poles with LED fixtures, electrical conduit and wiring and power connection from the Building Addition. Add $ 40,000.00 The foregoing changes result in a net increase in the contract not to exceed Forty Thousand and 00/100 Dollars ($40,000.00). Summary: Original Contract Amount $163,650.00 Amount of This Change Order ( #2) not to exceed $ 40,000.00 Revised Contract Amount $203,650.00 Costs have been reviewed by the consulting architect (URS Architects) and the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in 35323106 445100 - Buildings, and an account to being created to facilitate the donation of funds. 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 25, 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 $40,000.00 (Original Contract Amount $163,650.00 + Change Order #1 $40,000.00 for a Revised Contract Amount of $203,650.00) for Lafayette (NB) Ice Rink Improvements, to Goodwin Electric, C #93001162. Funds for this project are available in Account #35323106 445100 - Buildings and an account being created to facilitate the donation of funds. PASSED AYES 9, NOES 0 NO. 16 CHANGE IN CONTRACT — LAFAYETTE(NB) ICE RINK IMPROVEMENTS DELAWARE DISTRICT I hereby submit to Your Honorable Body the following changes for Lafayette(NB) Ice Rink, Improvements, S &W Contracting. C# 93001161 1. Construct a 30,000 square feet parking lot addition which includes site grading, pervious asphalt pavement, pavement striping, storm water pipes and catch basins and perimeter landscaping Add $234,000.00 The forgoing changes result in a net increase in the contract not to exceed Two Hundred Thirty Four Thousand and 00/100 Dollars($234,000.00) Summary Original Contract Amount $ 815,000.00 Amount of this Change Order( #1) not to exceed $ 234,000.00 Revised Contract Amount $1,049,000.00 Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets dated September 25, 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 $234,000.00 (Original Contract Amount $815,000.00 + Change Order #1 $234,000.00 for a Revised Contract Amount of $1,049,000.00) for Lafayette (NB) Ice Rink Improvements, to S & W Contracting, C #93001161. Funds for this project are available in Account #35323106 445100 - Buildings and an account being created to facilitate the donation of funds. PASSED AYES - 9 NOES - 0' NO. 16 PERMISSION TO ENGAGE IN AGREEMENT FOR ELECTRONIC WASTE COLLECTION AND RECYCLING SERVICES I respectfully request that Your Honorable Body authorize the Department of Public Works, Parks and Streets to engage in an agreement with Sunnking, Inc. for electronic waste collection and recycling services. The City of Buffalo will receive financial rebates for electronic waste generated and collected in the city with the exception of televisions and computer (CRT) monitors that are broken in which there is a $.25/lb. charge. The vendor has been chosen through a Request for Proposal (RFP) process. See RFP results below: Company Per Pound rebate Charges Sunnking $.08 /lb. on non -CRT electronics $.25/lb. charge for CRT televisions 4 Owens Rd. $.00 /lb. on CRT televisions/ and computer monitors that contain broken Rochester, NY 14220 monitors glass or bare CRT tubes with the outer casings, circuit boards, yolk or other internal components missing. RCR &R $.00 /lb. except television and Will not accept TV's or computer (CRT) 7318 Victor Mendon Rd. CRT monitors which are monitors. Rochester, NY 14564 unacceptable. 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 26, 2013, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to engage in an agreement with Sunnking Inc. for electronic waste collection and recycling services. The City of Buffalo will receive financial rebates for electronic waste generated and collected in the City, with the exception of televisions and computer (CRT) monitors that are broken, in which there is a $.25/lb. charge. The vendor was chosen through a Request for Proposal (RFP) process. PASSED AYES -9 NOES -0 NO. 17 PERMISSION TO ENTER INTO AGREEMENT NEW YORK STATE INDUSTRIES FOR THE DISABLED, INC. (NYSID) BROADWAY MARKET CLEANING CONTRACT PREFERRED SOURCE VENDOR Permission is hereby requested to enter in an agreement with NYSID for the cleaning and janitorial services located at the Broadway Market This two (2) year agreement also includes three (3) one year extension options. The first year of this agreement would run thru June 30 2014 and would be a total of $158,348.99 ($13,195.74 p /month). I recommend that your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to enter into the agreement. Funds for this project are available in 13296006- 442300. 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 23, 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 necessary agreements with the New York State Industries for the Disabled, Inc. (NYSID) for the cleaning and janitorial services located at the Broadway Market. This two (2) year agreement also includes three (3) one -year extension options. The first year of this agreement would run through June 30, 2014, and would be a total of $158,348.99. Funds for this project are available in Account #13296006- 442300. PASSED AYES -9 NOES -0 NO. 18 PERMISSION TO MAKE PAYMENT HD SUPPLY WATERWORKS, LTD DR. MARTIN LUTHER KING JR. PARK [HUMBOLDT BASIN IMPROVEMENTS PROJECT [MASTEN DISTRICT 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. ordered directly and received the following emergency item from the following supplier: Name Item Cost HD Supply Waterworks, LTD Electric Control actuator $1,820.00 1 certify that the Cost is fair and equitable for the above item received and respectfully request from your Honorable Body for permission to make payment to the I -ID Supply Waterworks, LTD for amount of $1,820.00 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 24, 2013, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to may payment to HD Waterworks, LTD in the amount of $1,820.00 for the Dr. Martin Luther King, Jr. Park Humboldt Basin Improvement Project. Funds for this project will be available in an account(s) to be named at a later date. PASSED AYES -9 NOES -0 NO. 19 PERMISSION TO NEGOTIATE /ACQUIRE RIGHT OF WAY PARCELS AND SIGN LEASE AGREEMENT [NORTH BUFFALO RAILS- TO - TRAILS PROJECT FHWA/NYSDOT PIN # 5756.83 UNIVERSITY DISTRICT Permission is requested from Your Honorable Body to authorize the Commissioner of Public Works, Parks and Streets to negotiate, acquire and sign lease agreement for the necessary ROW parcels related to the subject project. The acquisition of one parcel and sign lease agreement with NFTA for use of abandoned railroad corridor that is require for the project. All legal description, maps and /or appraisals has been prepared by our project consultant as follows: Appraised value My Kids Child Care Center LLC $15,900 Niagara Frontier Transportation Authority(NFTA) NFTA waived the appraisal - 10 year Lease agreement This is a federal funded project and City's share is 20% of the total costs. The funds are available in our Capital Accounts. I am therefore requesting that Your Honorable Body hereby authorize the Mayor, the Commissioner of Public Works, Parks and Streets and or such other appropriate City personnel to execute such documents and take such actions as shall facilitate and complete the acquisition and sign lease agreement by the City for the two parcels. Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated September 24, 2013, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to negotiate, acquire and sign lease agreement for the necessary right -of -way parcels related to the North Buffalo Rails -To- Trails Project; and hereby authorizes the Mayor, the Commissioner of the Department of Public Works, Parks and Streets and /or other such appropriate personnel to execute such documents and take such actions as shall facilitate and complete the acquisition and sign lease agreement by the City for the two parcels of land. All legal descriptions, maps and /or appraisals have been prepared by a project consultant. This is a federally funded project and the City's share is 20% of the total costs. The funds for this project are available in Capital Accounts. PASSED AYES -9 NOES -0 NO. 20 REPORT OF BIDS HUDSON STREET PEDESTRIAN BRIDGE OVER 1190X NYSDOT BIN 2213000 DRAINAGE AND MISCELLANEOUS CONCRETE REPAIRS This is to advise Your Honorable Body that I have advertised and received bids on Sept. 4, 2013. The lowest bids received were: Contractor Base Bid Total Bid Price NOVA Site Company, LLC $58,557.50 $61,485.38 6 Lena Court West Seneca, NY 14224 Paul J. Gallo Contracting, Inc. $68,360.90 $71,778.95 4242 Ridge Lea Rd., Suite 11 Amherst, NY 14226 1 hereby certify that the lowest responsible bidder for the above project is NOVA Site Company, LLC and I respectfully recommend that Your Honorable Body authorize a contract award to NOVA Site Company, LLC in the amount of $61,485.38. (Base Bid of $58,557.50 + [5% unit price increases] $2,297.88equals [Total Award] $61,485.38). The engineer's estimate for this Work is $39,805.00. This funds for this project are available in our Capital Account # 34311006- 445100andanaccounttobe 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 17, 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 a contract for the Hudson Street pedestrian bridge over the 1 -190 for drainage and miscellaneous concrete repairs with NOVA Site Company, LLC in the amount of $61,485.38 (Base Bid of $58,557.50 + [5% unit price increases] $2,297.88 for a Total Award of $61,485.38). Funds for this project are available in Capital Account #34311006 - 445100, and an account to be named at a later date. PASSED AYES -9 NOES -0 NO. 21 REPORT OF EMERGENCY BID OBERLIN AVENUE 8 -INCH WATERMAIN This is to advise your Honorable Body that we have received emergency bids by invitation on September 18th, 2013 for the installation of new 8" water main on Oberlin Avenue. The existing 6" water main circa 1885 must be replaced as it cannot currently provide adequate fire protection. The following bids were received for the project: 1. Visone Construction, Inc. $182,926.63 79 Sheldon Avenue Depew, N.Y. 14043 2- C.M.H. Company, Inc. $183,255.00 12704 North Road Alden, N.Y. 14004 3 -Paul J. Gallo Contracting $205,136.00 4242 Ridge Lee Road Ste. #11 Buffalo, N.Y. 14226 4- Kandey Company, Inc. $217,420.00 19 Ransier Drive, Ste. #1 West Seneca, N.Y. 14224 5 -Pinto Construction Services $227,241.75 1 Babcock Street Buffalo, N.Y. 14210 The bids were reviewed by Corporation Counsel. Corporation Counsel has determined that the lowest responsible bidder is Visone Construction Inc. I respectfully recommend that your Honorable Body authorize a contract award in the amount of $182,926.63 (base bid) plus $18,292.66 (10% contigency) for a total contract award of $201,219.29. The funds are available in a Division of Water account 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 19, 2013, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to enter into an agreement for the installation of new 8 -inch watermain on Oberlin Avenue to Visone Construction Inc. in the amount of $201,219.26 (Base Bid of $182,926.63 plus 10% contingency of $18,292.66 for a Total Contract Amount of $201,219.26). The funding for this project are available in a Division of Water account to be named at a later date. PASSED AYES -9 NOES -0 NO. 22 REQUEST PERMISSION TO ACCEPT FUNDS FROM BUFFALO BISONS HOCKEY AND THE BUFFALO SEWER AUTHORITY FOR LAFAYETTE (NORTH BUFFALO) ICE RINK IMPROVEMENTS JOB #1249 (PARKING LOT EXPANSION), CONTRACTS #93001161& 93001162. Permission is hereby requested from Your Honorable Body to accept donation of funds /(services) for the expansion of the Lafayette (North Buffalo) Ice Rink for the purposes off(to include) paving, lighting, green infrastructure, and landscape improvements. This is a joint project between the City, Buffalo Bisons Hockey and the Buffalo Sewer Authority (BSA). This project will relieve parking deficiencies in the ice rink's parking lot and on Tacoma Avenue, in addition to, increasing pedestrian and vehicle safety in the neighborhood. This project will also assist the BSA with its green infrastructure goals of removing additional storm runoff into its combined sewer system and comply with the Clean Water Act. An account will be created to facilitate the donation of the following funding amounts: Funder Name Amount Description Buffalo Bison Hockey $175,000 Used to fund parking lot expansion to include green infrastructure Buffalo Sewer Authority $57,000 Used to fund parking lot expansion to include green infrastructure 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 25, 2013, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to accept donation of funds /services for the expansion of the Lafayette (North Buffalo) Ice Rink for the purposes of paving, lighting, green infrastructure and landscape improvements. This is a joint project between the City of Buffalo, the Buffalo Bisons Hockey and the Buffalo Sewer Authority. An account will be created to facilitate the donations of $175,000.00 from Buffalo Bisons Hockey and $57,000.00 from the Buffalo Sewer Authority. PASSED AYES -9 NOES -0 NO. 23 SUNNKING, INC. ELECTRONICS RECYCLING REQUEST TO RESCIND APPROVED CONTRACT EXTENSION CCP # 39, SEPTEMBER 3, 2013 On September 3, 2013, the Common Council approved the authorization for the Department of Public Works, Parks and Streets (Public Works) to extend its contract with Sunnking, Inc. for electronics recycling for a one (1) year period. The extension was set to take effect on October 12, 2013. In the time since your honorable body made this authorization, Sunnking has provided Public Works with contract terms different from those stated in the original contract. Therefore, Public Works respectfully requests that the Common Council rescind the approval of contract extension with Sunnking. Public Works issued a request- for - proposal for electronics recycling on September 11, 2013. 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 16, 2013, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to rescind the approval of the contract extension with Sunnking, Inc. PASSED AYES -9 NOES -0 NO. 24 APPOINT SUPERVISOR OF STREET SANITATION I(PROV)(INTER)(SCOTT) Appointment effective 09/18/2013 in the Department of Public Works, Parks and Streets, Division of Streets to the position of Supervisor of Street Sanitation I, Provisional at the Intermediate Salary of $37,826.00(Step 2) Thomas Scott, 475 Voorhees St, Buffalo, NY 14216 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF POLICE NO. 26 APPROVAL TO PURCHASE NEW POLICE VEHICLES Per an increased appropriation to the Buffalo Police Department adopted 2013/2014 fiscal year budget, the Buffalo Police Department hereby requests permission from your honorable body to begin the purchase process for the following vehicles: Up to 26 marked Chevy Tahoes The Buffalo Police Department and the Purchase Department will follow local procurement guidelines by obtaining the best possible price for these vehicles and the required options. The actual number of vehicles purchased will be dependent on price, the required options, and the cost of additional equipment needed to complete the vehicles. The purchase of these vehicles will be made utilizing the additional appropriated funds placed in the general fund capital outlay accounts in the 2013/2014 Police Department Budget. The above purchase will be used to replace older vehicles that will be removed in the near future from the Buffalo Police Fleet, either through auction or parts cars. Some of the equipment from these older vehicles, i.e. MCT's, docking stations, mobile radios, modems, etc. will be transferred to the new vehicles, thus keeping the overall cost of the new vehicles at the lowest point possible. If you have any questions or concerns, please contact Inspector Joseph Strano at 851 -4879. Thank you in advance for your cooperation and expediency in addressing this matter. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Buffalo Police Department, dated September 25, 2013, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Buffalo Police Department to purchase up to twenty -six (26) marked Chevrolet Tahoes to be added to the Buffalo Police fleet. Funds are available in the general fund capital outlay accounts in the 2013/2014 Police Department Budget. PASSED AYES -9 NOES -0 NO. 26 ITEM #73, CCP SEPTEMBER 3, 2013 REQUEST SURVEILLANCE CAMERA MAIN AND HERTEL The request for a camera at the intersection of Main Street and Hertel Avenue will be considered during the next selection process, which is yet to be determined. RECEIVED AND FILED FROM THE COMMISSIONER OF FIRE NO. 27 APPOINT BATTALION CHIEF(MIN)(PERM)(ANGRISANO) Appointment effective 09/16/2013 in the Department of Fire, Division of Fire to the position of Battalion Chief, Permanent at the minimum salary of $83,913.00 Louis Angrisano, 25 Pfohl Terrace, Williamsville, NY 14221 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE CORPORATION COUNSEL NO 28 APPOINT ASSISTANT CORPORATION COUNSELL I(PERM)(DUNCAN) Appointment effective September 3, 2013 in the Department of Law to the position of Assistant Corporation Counsel I, Permanent at the minimum salary of $53,686.00 Thearthur Duncan, 109 Proctor Ave, Buffalo, NY 14205 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT & INSPECTION SERVICES NO. 29 FOOD STORE (NEW) 1373 MAIN AKA 1381 (ELLICOTT) Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 1373 MAIN aka 1381 (SAMMY'S METRO DELI& GROCERY /SAMEER AL- FAQIH) 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. 30 RESPONSE RESTRICTED USE PERMIT 69 W CHIPPEWA(10 /17)(ELL) Dear City Clerk: Per the provisions of City of Buffalo ordinance, Chapter 511 -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 "Bottom's Up" located at 67 West Chippewa (AKA 69 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 NO. 31 RESPONSE RESTRICTED USE PERMIT 75 W CHIPPEWA(10 /11)(ELL) Dear City Clerk: Per the provisions of City of Buffalo ordinance, Chapter 511 -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 "Bottom's Up" 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 NO. 32 RESPONSE RESTRICTED USE PERMIT 75 W CHIPPEWA(10 /18)(ELL) Dear City Clerk: Per the provisions of City of Buffalo ordinance, Chapter 511 -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 "Bottom's Up" 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 NO. 33 APPOINT SENIOR TYPIST(PERM)(THIRD STEP(DRAFFIN) Appointment effective 09/23/2013 in the Department of Economic Development, Permits and Inspections, Division of Inspections to the Position of Senior Typist, Permanent at the Third Step of $33,844.00 Ronald Draffin, 46 Durham Ave, Buffalo, NY 14215 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF ADMINISTRATION, FINANCE, POLICY & URBAN AFFAIRS NO 34 APPOINT SENIOR SPECIAL ASSISTANT(EXEMPT)(DEEB) Appointment effective 09/30/2013 in the Department of Administration and Finance, Division of Budget to the Position of Senior Special Assistant, Exempt at the flat salary of $41,578.00 Jocelyn Deeb, 79 Royal Ave, Buffalo, NY 14207 REFERRED TO THE COMMITTEE ON CIVIL SERVICE a:l6]LTilr 9:I 1-1-111610 ZKOI 2 :7M N N 1 RL3 NO. 35 APPOINT SPECIAL ASSISTANT TO THE COMMISSIONER(PROV)(JONES) Appointment effective 09/30/2013 in the Department of Parking, Division of Parking Enforcement, to the position of Special Assistant to the Commissioner, Provisional at the flat salary of $34,980.00 Daniel Jones, 55 Tuxedo Place, Buffalo, NY 14207 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE CITY CLERK NO. 36 NOTICE OF INTENTION - REQUEST CHANGE OF MAILING ADDRESS OF ONE HSBC CENTER TO ONE SENECA TOWER(HRG 10/15) CCP# 70, 09/17 This is to advise you that the public hearing for the above item is set for 10/15/2013 at 2:00 p.m. in The Common Council Chambers. This will be advertised in the Buffalo News on 10/04/2013 and 10/11/2013. ADOPTED NO. 37 RESTRICTED USE PERMIT - 75 W. CHIPPEWA(10 /11/13) (ELL) Application for restricted use permit Downtown Entertainment Review District Tavern Event permitting entry of patron under age 21 where alcohol is served Pursuant to §511 -68.6 of the Code of The City of Buffalo, the undersigned hereby makes application to the Common Council of the City of Buffalo for a permit to hold an event which will permit entry or continued presence of patrons under the age of 21 while alcohol is being served to patrons aged 21 and over. 75 West Chippewa — Lux Fridays 10/11/2013, 400 -500 people, 10pm to Sam Mr. Smith moved: That the above item be, and the above communication from the Office of the City Clerk of Buffalo, dated September 27, 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 11, 2013 is approved. PASSED AYES 9, NOES 0 NO. 38 RESTRICTED USE PERMIT - 75 W. CHIPPEWA(10 /18/13)(ELL) Application for restricted use permit Downtown Entertainment Review District Tavern Event permitting entry of patron under age 21 where alcohol is served Pursuant to §511 -68.6 of the Code of The City of Buffalo, the undersigned hereby makes application to the Common Council of the City of Buffalo for a permit to hold an event which will permit entry or continued presence of patrons under the age of 21 while alcohol is being served to patrons aged 21 and over. 75 West Chippewa — Lux Fridays 10/18/2013, 400 -500 people, 10pm to Sam Mr. Smith moved: That the above item be, and the above communication from the Office of the City Clerk of Buffalo, dated September 27, 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 18, 2013 is hereby denied. DENY AYES 9, NOES 0 NO. 39 RESTRICTED USE PERMIT - 69 W. CHIPPEWA(10 /17/13)(ELL) Application for restricted use permit Downtown Entertainment Review District Tavern Event permitting entry of patron under age 21 where alcohol is served Pursuant to §511 -68.6 of the Code of The City of Buffalo, the undersigned hereby makes application to the Common Council of the City of Buffalo for a permit to hold an event which will permit entry or continued presence of patrons under the age of 21 while alcohol is being served to patrons aged 21 and over. 69 West Chippewa — Bottom's Thursday 10/17/2013, 250 -300 people, 10pm to Sam Mr. Smith moved: That the above item be, and the above communication from the Office of the City Clerk of Buffalo, dated September 27, 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 17, 2013 is approved, PASSED AYES 9, NOES 0 NO.40 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 2227 Genesee Street Jazzy's Bar and Grill DLC Way Inc. 1368 Hertel Avenue Salumeria Belsito Petrillo Hospitality LLC 2268 Genesee St The New O'Zone B.P. Global Funds Inc. 461 Ellicott Street The Washington Market Victor Khoury RECEIVED AND FILED NO.41 LEAVES OF ABSENCE WITHOUT PAY I transmit herewith notifications received by me, reporting the granting of the leaves of absence without pay, in the various departments as listed: Police- Nicholas Bantz, Howard Miller, Elizabeth Clark, Autumn Harrison, Lori Willoughby, Marcia Vazquez RECEIVED AND FILED. NO.42 APPOINT LEGISLATIVE AIDE DELAWARE DISTRICT(BISHOP) Certificate of Appointment Appointment effective September 24, 2013 in the Department of Common Council Division of Delaware Council District to the Position of Legislative Aide Unclassified Non - Competitive Flat starting salary of $36,242 Sarah Bishop, 285 Pennsylvania Ave, Buffalo 14201 ADOPTED NO. 43 NOTICES OF APPOINTMENTS - SEASONAL /FLAT I transmit herewith certificates received by me, reporting seasonal and fiat salary appointments made in various departments. RECEIVED AND FILED. Certificate of Appointment Appointment effective September 18, 2013 in the Department of Public Works, Parks & Streets Division of Buildings to the Position of Laborer II Seasonal Non - Competitive, Flat, Starting salary of $12.47 hr. Larry Middlebrooks, 24 Suffolk, Buffalo 14215 Certificate of Appointment Appointment effective September 18, 2013 in the Department of Public Works, Parks & Streets Division of Engineering to the Position of Laborer II Seasonal Non - Competitive, Flat, Starting salary of $12.47 hr. Andre Betts Sr., 246 Shirley Ave, Buffalo 14215 Certificate of Appointment Appointment effective September 25, 2013 in the Department of Public Works, Parks & Streets Division of Parks to the Position of Fee Collector Seasonal Non - Competitive, Flat, Starting salary of $12.47 hr. Gaetano Capodicasa, 434 Seneca St, Buffalo 14210 Certificate of Appointment Appointment effective September 25, 2013 in the Department of Public Works, Parks & Streets Division of Parks to the Position of Lifeguard Seasonal Non - Competitive, Flat, Starting salary of $12.47 hr. Otuken Gildo, 38 Page St, Buffalo 14207 Ashley Murdoch, 105 Baxter St, Buffalo 14207 Liana Rodriguez, 554 Tonawanda St, Buffalo 14207 Taylor Sittniewski, 149 Willett St, Buffalo 14206 Elizabeth Vogl, 24 Wildwood PI, Buffalo 14210 Kasia Williams 454 Dartmouth Ave, Buffalo 14215 Chelsea Gabamonte, 134 Military Rd, Buffalo 14207 Jesus Algarin, 45 Blum Avenue, Buffalo 14216 Kathleen Battel, 64 Fuller St, Buffalo 14207 Certificate of Appointment Appointment effective September 25, 2013 in the Department of Public Works, Parks & Streets Division of Parks to the Position of Supervising Lifeguard Seasonal Non - Competitive, Flat, Starting salary of $12.47 hr. David Moran, 171 Cantwell, Buffalo 14220 NO. 44 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 September 23, 2013 in the Department of Call and Resolution Center Division of Citizen Services to the Position of Account Clerk/Typist Temporary Appointment Minimum Starting salary of $31,754.00 Veronica Gerald, 52 Wilkes Street, Buffalo 14215 Certificate of Appointment Appointment effective September 18, 2013 in the Department of Police Division of Commissioner's Office to the Position of Police Surveillance Camera Monitor Provisional Appointment Minimum Starting salary of $23,130 Diane Romer, 65 Connelly Avenue, Buffalo 14215 Certificate of Appointment Appointment effective September 23, 2013 in the Department of Permit & Inspection Services Division of Permits to the Position of Clerk Permanent Appointment 1 sc Step Starting salary of $30,507 Marie Gorman, 151 Saranac Ave., #2, Buffalo 14216 NON - OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON - OFFICIAL COMMUNICATIONS NO. 46 K. BARNASHUK- SUPPLEMENT TO APPL BY T- MOBILE 523 & 535 NORTHAMPTON ST Supplement to Application by T- Mobile Northeast LLC for installation of communications tower and related equipment at the property located at 523 and 535 Northampton Street, Buffalo, New York 14208 ( "Site ") Dear Councilmember Pridgen and Members of the Legislation Committee: This Firm represents T- Mobile Northeast LLC (7-Mobile"), and we submit this letter on its behalf in connection with its application ( "Application ") fora Restricted Use Permit ( "RUP') from the City of Buffalo Common Council ( "Common Council ") pursuant to Section 511 -158 and Section 511 -55 of the Charter and Code of the City of Buffalo ( "Code ") to construct a wireless telecommunications facility ( "Facility ") at the Site, originally submitted on May 2, 2013. The Facility will replace a recently decommissioned 96' site at Deaconess Hospital on Humboldt Parkway. Currently, a temporary 86' cell tower on wheels located on property owned by the Community Action Organization of Erie County, Inc. ( "CAO ") is providing coverage until a permanent location can be constructed. Following the presentation of concerns by CAO at the Planning Board meeting on May 21, 2013, the Planning Board tabled the matter and T- Mobile met with CAO to discuss their concerns. Following discussion with CAO and the St. Martin de Porres Church ( "Church "), T- Mobile submitted on July 15, 2013 a supplement to its Application including revised Site Plans reflecting an improved proposed location for the Facility on the Church property. At the July 16, 2013, meeting of the Planning Board, its members noted the greatly improved quality of the Site. However, the matter was tabled so that CAO could appear before the Planning Board, as CAO was not present at the meeting on July 16, 2013. At the next (July 30, 2013) meeting of the Planning Board, CAO again was not present, and the Planning Board issued a Negative Declaration pursuant to the State Environmental Quality Review Act, granted Site Plan Approval for the Application as presented, and recommended approval of the Application to the Common Council. See Exhibit B. On July 30, 2013, T- Mobile also met with the Legislation Committee, seeking a recommendation in favor of the RUP and a referral back to the Common Council. (The Common Council having referred the RUP review to the Legislation Committee on May 14, 2013.) At this July 30, 2013 meeting, the Legislation Committee referred the Application back to the Common Council. See Exhibit C. On August 28, 2013, Mr. Michael Risman, an attorney for CAO, submitted a letter to the Common Council on CAD's behalf issuing a request that the Common Council deny T- Mobile's request for an RUP ( "CAO Letter "). See Exhibit A. On September 3, 2013, the matter was sent back to the Legislation Committee by the Common Council for the Legislation Committee's consideration of the CAO Letter. See Exhibit C. As a result of the foregoing, this letter seeks to address and respond to the CAO Letter and to request that the Legislation Committee again refer the Application back to the Common Council and recommend approval of the RUP to the Common Council so that T- Mobile may move forward with construction of its Facility and the provision of service to its customers. The following exhibits are attached hereto and made part hereof: Exhibit A: CAO Submittal dated August 28, 2013 Exhibit B: Planning Board Approval and Neg Dec Exhibit C: Common Council Legislation Committee Referral and Recommit Exhibit D: Detailed Site Plans Exhibit E: Photographs of Proposed CAO Site Exhibit F: Photographs of Proposed T- Mobile Site Exhibit G: Photographs of Proposed T- Mobile Site from Northampton Street Exhibit H: Photograph of Proposed T- Mobile Site from Former Deaconess Hospital Exhibit I: Photographs of Proposed CAO Site from Former Deaconess Hospital Exhibit J: Google Earth Photograph of Church and CAO Parcels Exhibit K: Propagation Maps Exhibit L: Alternatives Analysis Exhibit M: Search Ring A. Response to CAO Submittal dated August 28 2013 The CAO Letter detailed several reasons why CAO felt the Common Council should refer the matter for further review. However, the CAO Letter contains several inaccurate statements which require a response and clarification. CAO Attendance at Planning Board Meetings The CAO Letter states that due to a "miscommunication," CAO did not appear at the July 30, 2013 meeting of the Planning Board to discuss the revised Site. This statement is inaccurate, as CAO had ample opportunity to attend a Planning Board meeting on July 30, 2013 and respond to the revised Application. In fact, the revised Application, developed and based upon a meeting with CAO and its attorneys to discuss CAD's concerns, and several discussions with the Church, was originally discussed at the July 16, 2013 meeting of the Planning Board. T- Mobile provided CAO with the revised site plans in advance of the July 16, 2013 meeting on July 1, 2013, via an email to Richard Dopkins, an attorney representing CAO. T- Mobile included with the revised Site Plans an explanation of the additional screening measures. We then placed several calls and emailed Mr. Dopkins to follow up with CAO on the revised plans. Adam Walters, a Phillips Lytle attorney, was able to speak with Mr. Dopkins on July 15, 2013, at which time Mr. Dopkins stated that CAO was not happy with the proposed resolution and that CAO was "looking at the revenue" due to issues related to the carrying cost of obtaining the old Deaconess site for its development. Mr. Waiters asked Mr. Dopkins whether CAO would appear in opposition to the revised Application at the Planning Board and Common Council meetings. Mr. Dopkins stated that it was "not my style to interfere but that will not make my client happy." Just prior to the Planning Board meeting on July 16, 2013, Mr. Walters emailed Mr. Dopkins to confirm our understanding that CAO would neither endorse nor support the Application. CAO did not attend the July 16, 2013 meeting of the Planning Board, at which time the Planning Board tabled the matter so that CAO may have an opportunity to appear at the next meeting of the Planning Board on July 30, 2013. At the July 16, 2013 meeting, we stated that it was T- Mobile's understanding that CAO would not actively oppose the Application. Mr. Dopkins responded to Mr. Waiters' email request for clarification by stating that "CAO opposes the Application. What I said is that we would not appear." T- Mobile's understanding at the time of the July 16, 2013 meeting was that the CAO would not appear to oppose the Application. CAO did not appear at the July 30th Planning Board Meeting. Location of Site and Related Impacts The CAO Letter also states that CAO "vehemently opposes the application because of the damage it will do to the neighborhood aesthetics and the harm to the quality of the revitalization underway. We would like to point out, as did Adam Perry, another attorney for CAO, at the May 21, 2013 meeting of the Planning Board, that CAO originally introduced T- Mobile to the Church when the tower location was still being determined to "try to help a business locate a cell tower ". However, CAO is now stating that a cell tower would be inappropriate on a property that they originally suggested. Further, based upon the Planning Board's and CAD's initial concerns, and after several discussions with the Church, T- Mobile took several measures to develop a proposed Site that would address all concerns and preserve the aesthetics of the Site and the community. This is demonstrated in the Site Plans attached as Exhibit D. The proposed Site is located behind a heavily vegetated area to the north and west of the proposed monopole. To the south, there is currently a berm and several apple trees. This existing screening can be seen in Exhibits F and G. To the east of the proposed monopole, T- Mobile has proposed planting two 10' maple trees and arborvitae to further screen the base from Northampton Street. In addition, T- Mobile has proposed planting additional apple trees along the berm to further screen the south side of the base. Although the CAO Letter refers to T- Mobile's landscaping plans as "alleged ", the plans can be seen on Pages C1 and C2 of the Detailed Site Plans in Exhibit D, and T- Mobile would be bound by its Site Plan Approval by the Planning Board to follow through with implementing the screening. T- Mobile has taken several steps to ensure the impact on the community is reduced and that the monopole is heavily screened from CAD's proposed development and Northampton Street. This is demonstrated in Exhibits G and H which show the view from both the former Deaconess Site and Northampton Street looking at the proposed Site. The Planning Board was very impressed with the more fulsome screening of the revised Site and stated so at its July 16, 2013 meeting. The CAO Letter states that T- Mobile intends to install an "oversized 50 foot by 50 foot concrete pad." CAO may have been trying to reference the size of the entire equipment compound, rather than the smaller concrete pad, however, in response to earlier concerns noted by CAO, when T- Mobile revised its Site Plans and relocated the proposed tower on the Church property, it greatly reduced the size of the equipment compound to further diminish any aesthetic impacts, and the compound is no longer this size. The equipment compound has been reduced approximately 30% from its original size. See Exhibit D. The CAO Letter notes that CAO is working with Kaleida Health and the UB School of Architecture and Planning to construct affordable housing across the street at the site of the former Deaconess Hospital. The CAO Letter states that the site plan is being considered for a number of planning design awards. T- Mobile understands the importance of the CAO project at the former Deaconess Hospital site to the community, and the relocated Site for T- Mobile's project reflects that concern. T- Mobile has found a location which provides significant screening of both the monopole and equipment compound. However, despite the fact that CAO has noted the proposed development of the Deaconess site, and T- Mobile has taken significant steps to ensure the screening of the tower and equipment compound, CAO is proposing, as an alternative, a site which is directly across the street from the Deaconess site that CAO proposes to develop and is completely unscreened. See Exhibits E and I. While the CAO Letter claims that T- Mobile's proposed location is "directly across from" the Deaconess site, as seen in Exhibits H and J, the T- Mobile location is tucked away in a heavily vegetated area and diagonal from the Deaconess site, behind the Church, while the CAO proposed location is directly across from the Deaconess site. See Exhibit I and J. The sight lines of any proposed development of the Deaconess site are directly aligned with the proposed CAO location, in contrast to a diagonal alignment with a tower at the proposed Site behind the Church. Assuming a development of the Deaconess site includes viewsheds directly towards Northampton Street, the CAO proposed location is deafly more intrusive to the viewshed from the Deaconess site, as compared to the T- Mobile proposed Site. In fact, the height of the Church itself also helps screen the monopole from the Deaconess property. See Exhibit H. Note that— while the Google Earth map shows trees behind the proposed CAO location, and the CAO Letter states that the CAO property is "shielded on three sides by structures, fences and trees ", at least one of these large trees would need to be removed in order to construct an equipment compound on the CAO property according to T- Mobile's site acquisition consultants that originally reviewed the CAO location. Further, the "structures" that the CAO Letter references are residential. See Exhibits E and J. The CAO Letter explains at length why a cell tower is not appropriate in this area, and how under the Code the City must take into account the "impact of the development on adjacent properties" and then suggests it be located on CAO property, in the same area, on a parcel lacking screening and fully visible from Northampton Street, and in the direct viewshed of a number of residential properties. Alternatives Analysis The CAO Letter notes that the Code discourages the locating of cell towers within residential zones. The CAO Letter also provides that the Code encourages colocation. While T- Mobile would not disagree with either statement, T- Mobile's Application has already discussed and addressed both points. T- Mobile is seeking to replace an important site that was decommissioned due to the demolition of Deaconess Hospital. The T- Mobile network has been built out around this site, so the search ring, as seen in Exhibit M, is limited due to this build out, which restricts T- Mobile to a mainly residential area. See the Site Selection Zoning Analysis in Exhibit L, Further, as seen in Exhibit L, despite the fact that the CAO Letter states that there is "no evidence that T- Mobile has sufficiently explored other site options," T- Mobile sought out several different collocation possibilities, based upon the search ring, none of which were feasible. T- Mobile was unable to come to lease terms with the City for East High School at 794 Northampton, as the Buffalo Public Schools were not interested in facilitating a timely lease commitment. T- Mobile also explored the possibility of locating on a Lamar billboard at 571 Best Street, but Lamar was not interested. T- Mobile also looked into locating on the Buffalo Museum of Science, but the fact that the structure is on the National Historic Registry makes it very difficult to locate there. T- Mobile also contacted the God City Housing Development and Belmont Management Company at 175 Pershing Street, but Belmont was not interested in leasing space because the commercial revenue would interfere with federal HUD funding. T- Mobile finally evaluated a site at 345 East Ferry, but the location was 0.5 miles away from the decommissioned site and was significantly lower in elevation, and therefore would not meet coverage objectives. T- Mobile's currently proposed site is the least intrusive site available to meet the gap in coverage that is currently being addressed by a temporary cell tower on wheels, located on CAD's property. B. Effective Prohibition of Service Section 332(c)(7)(13)(i)(11) of the Telecommunications Act of 1996 ( "TCA provides that the regulation of the placement, construction and modification of personal wireless service facilities by any State or local government "shall not prohibit or have the effect of prohibiting the provision of personal wireless services." The applicable substantive standards to be applied by a municipality in evaluating cell site applications are derived from the established principles of local and state zoning laws. Cellular Tel. Co. v. Town of Oyster Bay, 166 F.3d 490, 494 (2d Cir.1999). These standards "have been interpreted in the context of zoning decisions for telecommunications facilities to require that a telecommunications provider that is seeking a variance for a proposed facility need only establish (1) that there are gaps in service, (2) that the location of the proposed facility will remedy those gaps and (3) that the facility presents a minimal intrusion on the community." New Cingular Wireless PCS, LLC v. Town of Fenton, 843 F.Supp.2d 236, 245 (N.D.N.Y. 2012); New York SMSA Ltd. Partnership v. Village of Floral Park Bd. of Trustees, 812 F.Supp.2d 143, -154 (E.D.N.Y.2011) (quoting Site Acquisitions, Inc. v. Town of New Scotland— 2 A.D.3d 1135, 1137, 770 N.Y.S.2d 157, 160 (3d Dep't 2003) and Omnipoint Commc'ns, Inc. v. City of White Plains, 430 F.3d 529, 535 (2d Cir.2005)). As discussed above and demonstrated in Exhibit K, T- Mobile has clearly identified a gap in coverage as a result of the demolition of the Deaconess Hospital and the resultant decommissioning of T- Mobile's site at that location. T- Mobile's network has been built out around this site, therefore, the replacement tower must be similarly situated, which restricts the search ring to the residential area. See Exhibit M. The propagation maps in Exhibit K demonstrate both the gap in service and the remedy of the gap with the proposed location of the new tower on the Church property. CAO says nothing about the community's loss of vital services without this monopole, especially with respect to the vital public health and safety services that cellular phones are used for, such as 911 calls and emergency response coordination. Today's wireless telecommunications service is not only being relied on by the general public for safety, but also by emergency service professionals such as police, fire and rescue personnel. In fact, T- Mobile and other communications carriers are currently required by the FCC to make their systems compatible with enhanced -9 -1 -1 ( "E911 ") functionality. This functionality permits public answering safety points to locate mobile calls using various technologies. The search ring and propagation maps clearly demonstrate what services are needed and where they are needed, for both indoor and outdoor use. The cell tower on wheels is only a temporary solution to deal with this demand for service and public safety purposes. In addition, the completion of the CAO project at the Deaconess site will only increase the demand for these vital services. T- Mobile recognizes the importance of providing consistent, reliable and state -of- the -art telecommunications services for this area of the community and its residents. The proposed T- Mobile tower at the Church property will address these vital needs. Further, the alternatives analysis detailed in Exhibit L and discussed above demonstrates that no other suitable options were available. In addition, the Site Plan and substantial landscaping plan found in Exhibit D and the photographs of both the CAO property in Exhibits E and I and the proposed T- Mobile Site in Exhibits F, G and H indicate that the proposed location is a minimal intrusion on the community, and in fact, the least visually intrusive location available to meet T- Mobile's coverage needs. As seen in the photos in Exhibits H and I and the Google Earth Map in Exhibit J, the proposed CAO location would have a significantly greater impact on the viewshed of any CAO development on the Deaconess site. Residents looking out windows on the Deaconess site would not have a direct view of the monopole on the T- Mobile Site, as the Site is diagonally across from Deaconess, with the Church in the line of sight, whereas the same residents would have a clear view of a tower on CAD's proposed location. The Common Council must take the above - referenced telecommunications service standards into account in its review of T- Mobile's Application for an RUP. T- Mobile has fully demonstrated and satisfied these standards. Accordingly, any denial of the Application would be deemed an unlawful effective prohibition of personal wireless service, under Section 332(c)(7)(13)(i)(11) of the TCA. Therefore, the Common Council should approve T- Mobile's Application. Conclusion T- Mobile understands the concerns of CAO and has made several efforts to discuss the Application and compromise on the location for the good of CAO and the community as a whole. However, even after T- Mobile's provision of a revised Site with significant screening, CAO is still proposing a location on its property that is much more visually intrusive on its Deaconess property and the community, while simultaneously arguing a tower does not belong in the area despite the vital service needed. CAD's concerns are based on issues regarding the loss of lease revenue, which are not the purview of the Common Council and not relevant to its review of the Application. Therefore, we respectfully request that the Legislation Committee recognize the suitability of the Church Site, recommend approval of the Application to the Common Council, and once again refer the Application back to the Common Council. We look forward to appearing at the September 24 meeting of the Legislation Committee to discuss these issues in person. Very truly yours, Phillips Lytle LLP REFERRED TO THE COMMITTEE ON LEGISLATION NO. 46 K. BARNASHUK -T- MOBILE 6230636 NORTHAMPTON INVITE TO SITE Application by T- Mobile Northeast LLC (7-Mobile") For installation of communications tower and related equipment at the property located at 523 and 535 Northampton Street, Buffalo, New York 14208 ( "Site ") Dear Councilmembers Franczyk, Golombek, Rivera and Smith: In follow -up to Councilmember Pridgen's request at the September 24, 2013 meeting of the Legislation Committee that the Committee Members view the proposed Site, we invite you to visit the St. Martin de Porres Church property at 523 Northampton Street prior to the next meeting of the Legislation Committee on October 8, 2013. A visit to the Site will enable you to view T- Mobile's proposed location and the surrounding area. T- Mobile will have a copy of its Planning Board - approved June 27, 2013 Site Plan available during the visit. Father Sajdak is available next week Tuesday morning (October 1) from 9:30a.m. to 12p.m. and Thursday afternoon (October 3) from 1p.m. to 4:30p.m. Please contact Robert Willson of Pyramid Network Services if you wish to visit the proposed Site or wish to visit the Site at another time. Mr. Willson can be reached by phone at 315 - 701 -1306 and via email at rwillson @pyramidnetworkservices.com, Very truly yours, Phillips Lytle LLP by Kimberly R. Barnashuk REFERRED TO THE COMMITTEE ON LEGISLATION NO. 47 R. BATES - SUPPORT ST. ANN'S RC CHURCH In basketball, it's a FULL COURT PRESS For Saint Ann Church and Shrine, FULL COMMUNITY PARTICIPATION As a giant Wheel - Western New York is recognizing the importance of its hub - THE CITY OF BUFFALO Buffalo is getting it right. By taking inventory of ALL readily available resources, how do we generate highest interes.t in our unique assets. Tourism is revenue generating, a nondestructive blessing just waiting, to be engaged. Yes, money must be invested, battles turned into points of view all leading to a productive reality. From Niagara .Square outwards five or more miles in all directions we have fresh water, parks and extraordinary selections of human created structures. Your options include: The waterfront Forest Lawn Cemetery and surrounding choice residences. The boutique Elmwood experience including Buffalo State College and a world class selection of stately mansions, Churches and public buildings. Speaking of Churches, one which is being challenged about even having a future is Saint* Ann Church and Shrine:. This High Gothic icon, dating to 1886 proudly bears local design, Lockport stones, lofty height. We recall that all labor was local and. volunteered. - URGENT- YOUR SUPPORT /IS NEEDED. Your interest may be from heritage, Religious affiliation, or appreciation for the unique architecture, paintings, stained glass windows or carvings. Groups which have evaluated the carvings in wood existing within churches in six European countries rate Saint Ann as superior to what was found there. Speaking of touring groups - Be it for shopping, gaming, focused examination or for just something to do, more and more are doing this all the time. We need to hear from YOU as quickly as possible. How do you See Saint Ann Church and Shrine being an ongoing asset for Western New York? We are here to listen. THANK YOU Saint Ann Buffalo.org or P. 0.. Box 0742 Buffalo, N. Y. 14240 For information contact Ron Bates at 847 -6262 REFERRED TO THE COMMITTEE ON LEGISLATION NO. 48 K. KEENAN -RESP LANDMARK APPL 651 BROADWAY ST. ANN'S RC CHURCH Mr. Chairman, honorable committee members, thank you for the opportunity to make a few brief remarks regarding St. Ann's Church at Broadway and Emslie in Buffalo. My name is Kevin Keenan; I am president of Keenan Communications Group, and serve as communications counsel to the Diocese of Buffalo. I am here at the request of Bishop Richard J. Malone, bishop of Buffalo. Joining me, and able to answer any technical questions you may have are: • Michael Sullivan, director of Buildings and Properties for the diocese • Sister Regina Murphy, director of Research and Planning for the diocese • Joseph Stoeckl, diocesan legal counsel As you know, Bishop Malone issued a decree on August 19, 2013, reducing St. Ann church to what is known as "profane use," which means the church will no longer be used for divine worship. At the same time, the bishop announced the difficult decision to raze the building due to severe interior and exterior deterioration. I refer you to the Structural Evaluation and Repair Alternatives report for St. Ann Roman Catholic Church which was submitted to the Council Clerk on September 16. Re- construction costs are estimated at between $8 million and $12 million, and that is a conservative figure. It is money the Diocese of Buffalo and SS. Columba- Brigid Parish do not have. For background, St. Ann parish merged into SS. Columba- Brigid in 2007, and SS. Columba- Brigid is now responsible for the St. Ann complex. The diocese has been assisting the parish in paying for costs associated with upkeep of St. Ann's. In a letter to parishioners, Bishop Malone said, "It is always a sad day when we have to acknowledge that a church can no longer be used, and sadder still when the church must be razed. But St. Ann Church, and the parish life that has thrived there for more than 150 years, has made its mark on the history of Catholicism in Western New York, and more importantly, on the lives of so many who have worshipped there. That is to be remembered and celebrated now and into the future." Following the announcement, the diocese was contacted by Tom Yotts, president of Preservation Buffalo Niagara, who asked if the diocese would be willing to have a dialogue with PBN to see if a deal could be brokered for the sale of the St. Ann's complex. Bishop Malone agreed to the proposal and we have had several productive conversations with PBN. At this time, PBN is in conversation with at least two groups who have expressed an interest in purchasing the complex, and the diocese is in the process of arranging tours of the property. Separately, the diocese is in dialogue with another entity that is also seriously interested in purchasing the property. When Bishop Malone issued the decree to raze the building, the St. Ann Revitalization Committee filed an appeal with the Congregation for the Clergy, an office at the Vatican. While the appeal is being considered, the diocese is not permitted to raze or sell the church. It should be noted that the order from the Vatican was issued before the Congregation received detailed information from the diocese on the bishop's decree and the reasons behind the decision. Even if the diocese receives an acceptable purchase offer, we will not be able to execute any contract unless the appeal is either denied or withdrawn. It is Bishop Malone's hope that in order to secure the future of the St. Ann's complex, the appeal will be dropped. If that does not happen, there is no way to predict how long the Vatican appeal could take - it could be years - and in the meantime, the condition of the church building will further deteriorate. Time is off the essence. Mothballing St. Ann's is not an option, and Bishop Malone has been clear on numerous occasions that the church will not re -open as a Catholic worship site. The diocese needs to be able to sell the complex as soon as possible, to a buyer who has the means to stabilize the church building and then make the necessary investment in the entire complex that will benefit the Broadway neighborhood for decades to come. We continue to maintain that Iandmarking of churches violates the free exercise and excessive entanglement provisions of the First Amendment of the United States Constitution and the Bill of Rights of the New York State Constitution. Landmarking violates the New York State Religious Corporations Law, which place total control over the use and disposition of Roman Catholic Churches owned by religious corporations (such as St. Ann's) in the hands of the Bishop. In the case of St. Ann's, the Diocese of Buffalo is working with preservationists and other potentially credible interested parties for the reuse of St. Ann's. At this point, Iandmarking is premature and may very well hinder that process. The Diocese has pledged not to demolish St. Ann's pending dismissal or withdrawal of the appeal pending at the Vatican and would be prohibited from doing so under Canon Law while that appeal is pending. Thank you for allowing me this time. We are happy to entertain any questions you may have. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 49 M. LOCURTO- CONCERNS 1488 HERTEL AVE Dear Mr. Chwalinski: Please file the attached item for further discussion at the next Common Council session to be held on October 1 sc, 2013. Thank you in advance for your assistance in this matter. Sincerely, Michael J. LoCurto Delaware District Councilmember Copy available for review in the City Clerk's Office RECEIVED AND FILED NO. 50 K. NIGHTINGALE - BOTTTOMS UP COMINGLING DATES SUGGESTED 9/19,10/10,10/31,11 /14 Objectives: - safety of the Patrons, Cooperation with Police, No Disturbance of Community, Abide by City and State Laws Safety of Patrons o We will have 8 -1 o New York State Certified Security Guards on the Premise 2 B.E.D. Hired Buffalo Police Officers Manager, GM, and Marketing Manager all present Bar Staff (present) who are not college kids giving drinks to their friends but rather people who are trained in serving, over consumption and are employed bartenders. Cooperation with Police 2 Off Duty - Hired B.E.D. Buffalo Police Officers will be present to provide a link between the bars and the Police. If any issues arise, the police are able to notify on -Duty Cops to immediately dissolve any situation. o Monitor the parking lot behind our complex for "Drinking in Vehicles" - has not been very prevalent. No Disturbance in Community We will provide Transportation in our bus, to and from the bar, eliminating, mingling patrons and unwanted parking situations. o We will keep our phone available for any community to call so that we can have our off duty paid cops call to assist and getting the problem dissolved as quickly as possible. We are proving a safe place for the crowd of 19 -28 year olds, where they are monitored by staff and police and do not over consumes and cause problems that result from House Parties. o One issue we heard last week was Carey St., Carey St. has no parking on Thurs, Fri. and Sat. Night, and we would gladly get our off Duty police to call for tickets or towing. BOTTOM'S UP - would agree to have last call at 2:45AM instead of 3:45AM to close one hour earlier an comingling nights to avoid late night problems. Abiding of State and City Laws We applaud the effort by Councilman Pridgen on cleaning up Chippewa, and agree that no comingling should occur on Friday or Saturday. Therefore, we are hoping for only Thursdays to no disturb the other bars making money from their older crowds on weekends. • We were the only bar through the comingling area to not have an SLA violation, as we have always abided by NYS Law. • We want to work with the city, its inhabitants, and all patrons to create a safe and enjoyable atmosphere for a large part of the Buffalo population. We also feel that comingling should only exist between August 25 and June lo% as that is when the 30,000 additional population is in Buffalo. (New Year's Eve also being a black out date REFERRED TO THE COMMITTEE ON LEGISLATION. NO. 51 MEMORANDUM - SENATOR TIMOTHY M. KENNEDY AUTHORIZES A PILOT PERMIT SYSTEM IN THE CITY OF BUFFALO I would like to file the attached information for the next Common Council meeting to be held on October 1, 2013. Thank You, Darius G. Pridgen Ellicott District Council Member Available for review in the City Clerk's Office REFERRED TO THE COMMITTEE ON LEGISLATION. NO. 52 C. SCANLON- REQUEST FROM PAL TO SPEAK BEFORE THE COMMON COUNCIL Dear Mr. Chwalinki, I am requesting that the attached letter be filed for the next Common Council meeting, scheduled for October 1, 2013. Thank you for your assistance. Dear Councilmember Scanlon: Thank you for meeting with me today regarding the Police Athletic League of Buffalo (PAL). You share my concerns to continue and expand the services PAL gives to the children through the 7 Buffalo Community Centers. I would ask that you set up a time and place for PAL to come and meet, so that we can "state our case" to the members of the Council why their support is needed more than ever. PAL always strives to give every opportunity to the children we serve and to instill Pride- Attitude and Leadership in any way that we can. Thank you again and I look forward to seeing you soon. Please contact me through a =mail at — lo.com or phone 851 -4615. Best wishes Maurice (Modie) V. Cox Executive Director REFERRED TO THE COMMITTEE ON FINANCE. NO. 53 D. SMITH -BD OF ED RESOLUTION TO REQUIRE ATTENDANCE OF STUDENTS 4 YEARS OF AGE TO ATTEND PRE K I would greatly appreciate it if you would place the attached resolution, that was approved by the Board on June 26, 2013, on the Education Committee agenda. RESOLUTION To authorize the Board of Education of the Buffalo Public School District to require attendance of students who are four years of age to attend Pre -K, Sponsored by: Mr. John B. Licata Co- Sponsored by: Mrs. Sharon M. Belton - Cottman, Mr. Ralph R. Hernandez, Mrs. Florence D. Johnson, Mrs. Mary Ruth Kapsiak, Mr. Jason M. McCarthy, Dr. Barbara A. Nevergold. Mr. Louis J. Petrucci and Mrs. Rosalyn L. Taylor Whereas it is widely recognized that early childhood education beginning at four years of age improves the chances of academic success for students; and Whereas under New York State Education Law Section 3205 sub. (2), the Board of Education of the Syracuse School District and the Rochester School District are authorized to require minors who are five years of age on or before December first to attend kindergarten instruction; and Whereas President of the United States of America Barack Obama has stated the commitment of our nation to provide quality education to all four year old children citing that "every dollar we invest in early childhood can save more than seven dollars later on - by boosting graduation rates, reducing teen pregnancy, and reducing crime." (See attached letter); and Whereas to meeting the demands of global competition it is right and proper to require formal education to begin at four years of age to promote equal access to achieving at grade level by third grade, it is hereby RESOLVED THAT: the Board of Education of the Buffalo Public Schools requests that the New York State Assembly and Senate do amend Education Law Section 3205 sub (2) to authorize the Buffalo School District to require minors who are four years of age on or before December first to attend what is currently known as pre - kindergarten instruction, and to amend such other laws as may be necessary to implement this Change. REFERRED TO THE COMMITTEE ON EEDUCATION NO. 64 D. SMITH AFFORDABLE CARE ACT HEALTH INSURANCE MARKETPLACE OUTREACH AND ENROLLMENT TOOLKIT Attention: Please file this item. affordable Care Act Health Insurance Marketplace Outreach and Enrollment Toolkit for Elected Officials for the next Common Council General Meeting, October 1, 2013. Item available for review in the City Clerk's Office RECEIVED AND FILED NO. 66 D. SMITH - TORONTO MANUFACTURER TO BUY NFTA PARCEL ON OUTER HARBOR Toronto manufacturer to buy 50 -acre NFTA parcel on outer harbor Furniture maker will add up to 250jobs The huge terminal complex on Buffalo's outer harbor once hosted a bustling Ford Motor Co. plant, and then ocean -going ships as key fixtures at the Port of Buffalo. Later, it was a movie set before becoming vacant for several years. Now a new role awaits the sprawling waterfront complex known as Terminals A and B, following the Niagara Frontier Transportation Authority's decision Thursday to sell it to a Toronto manufacturer of outdoor furniture. The NFTA will receive $4.7 million for the almost 5o -acre parcel, while the region gains about 25o new manufacturing jobs. But another significant change lies in the future of the complex - private ownership. For the first time in anyone's memory, a major plot of outer harbor land will lie outside public control and pay taxes. "Over 8o percent has been placed in public hands," NFTA Chairman Howard A. Zemsky said of the outer harbor. "So we've definitely fulfilled our responsibility to provide full access. These are industrial facilities, and I don't think we in any way are changing the use or injuring the public enjoyment of the waterfront." Following the NFTA's move earlier this month to transfer the rest of its 384 -acre waterfront to the state parks system and the Erie Canal Harbor Development Corp., Zemsky said the sale represents a fitting end to more than 50 years of ownership by the NFFA and a predecessor agency - the Niagara Frontier Port Authority. "We're extremely excited and proud," he said. "It's a great final chapter for the NFFA and the waterfront - the last piece of the puzzle." The sale move marks the end of years of NFTA efforts to concentrate on its core transportation mission, get out of the waterfront business and find an appropriate use for the buildings. Until now, the agency had found no success in marketing the 400,000 square feet of warehousing and office space, high bay doors, rail and water access, and parking for 5oo cars. Gracious Living Corp. will be the new owner. It has two manufacturing facilities in suburban Toronto employing about 1,000 people and listing $1 oo million in sales. The company makes outdoor furniture, indoor and outdoor organizing products, garage utility systems and pet accessories that company officials said are often sold in big -box stores. It now looks to establish its first U.S. location as well as access to the huge American market and expects to be operating by late next year. "We look forward to some great times, and look forward to embracing our new home," CEO Enzo Macri told reporters. "The economic conditions here are better than what we currently have in Canada ... and we believe the U.S. is on an economic upswing and we can take advantage of that." The company also takes advantage of economic incentives that New York State offered, which helped in making the expansion decision. The Empire State Development Corp. offered $2 million in performance -based Excelsior Jobs Program tax credits in return for the company's job creation commitments The state's help was appreciated and important, said Gracious Living Vice President David Minor. "We want to make sure we are competitive," he said, adding that the incentives will help "maximize" that goal. The development Thursday also caught the attention of Gov. Andrew M. Cuomo, who earlier this month came to Buffalo to announce the transfer of most of the outer harbor for state parks. "We are pleased to welcome the company to build their first U.S. plant to serve its growing U.S. market, as we continue to foster redevelopment on Buffalo's waterfront and revive New York's manufacturing industry," he said in a statement. Buffalo Niagara Enterprise has been working with Gracious Living since last November, assisting with site selection, workforce, access to incentives and international due diligence. "This project reinforces what a great economic driver our waterfront can be, especially when combined with the rest of our great manufacturing assets," BNE President Thomas Kucharski said. "We were very pleased to assist Gracious Living over the last to months, and I am delighted to welcome Enzo Macri and his team to Buffalo Niagara." Macri and Minor also seemed thrilled to relocate to the Buffalo waterfront. They expect to invest tens of millions of dollars into rehabilitating the vacant buildings and installing new plastic injection machinery, and they said they were primarily attracted to the location by its proximity to Toronto. In fact, Macri said the company all along had set its sights on Buffalo. He said another attraction was access to highway, rail and even water, adding it will investigate the potential of using the former port facilities for maritime shipping. The sale is expected to close after a 12o -day due diligence period. email: rmccarthy @buffnews.com REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 66 T. YOTS- SUPPORT LANDMARK DESIGNATION 661 BROADWAY ST ANN'S RC CHURCH Dear Mr. McDonnell, I am writing to you as the Executive Director of Preservation Buffalo Niagara (PBN) to express my organization's full support for the Local Landmark application for the historic St. Ann's Church and Shrine. St. Ann's is a Buffalo treasure that is deserving of the recognition and protection that local landmark designation provides. Constructed in 1886, the towering Neo- Gothic church has been a cultural and community landmark for the East Side neighborhood for 127 years. Deeply rooted in European building tradition, the imposing scale of the structure is highlighted by two magnificent spires which once stood 200 feet high. The stunning exterior of St. Ann's is only rivaled by the ornate and elaborate interior of the church. Within the 7 foot -thick stonewalls, the soaring nave and transept are home to hundreds of historic and religious artifacts, many from 19th Century Germany, including thirty -five stunning stained glass windows that line the interior space. In addition to the primary church building, St Ann's campus consists of a school, a rectory, and a convent - each with its own historic detail, significance and charm. PBN is currently working with the Roman Catholic Diocese of Buffalo to establish an appropriate reuse for the entire St. Ann's campus, preserving the buildings and allowing the campus to continue to serve the people of the Buffalo Niagara region. Designation as a local landmark as requested in St. Ann's application is essential in protecting this historic structure's integrity and preserving its eligibility for the National Register of Historic Places and all associated tax credits incentives. PBN is currently working with the New York State Historic Preservation Office to establish a formal declaration of eligibility, which will attract development interest to save and rededicate the campus. It is for these reasons that Preservation Buffalo Niagara urges the Buffalo Preservation Board to approve this application for St. Ann's and protect one of the architectural treasures of our community. Our city's history, beauty, and identity are all enhanced by this iconic structure, the loss of which can not be replaced. Regards, Tom Yots Executive Director REFERRED TO THE COMMITTEE ON LEGISLATION. PETITIONS NO 57 L. STRUSKI, OWNER, USE 2115 SOUTH PARK - REOPEN EXISTING TAVERN IN THE SOUTH PARK SPECIAL ZONING DISTRICT(SOUTH)(HRG 10/08) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 58 G. INGRAO, OWNER, USE 1669 HERTEL FOR A TAKE OUT RESTAURANT IN THE HERTEI AVE SPECIAL BUSINESS DISTRICT(DEL)(HRG 10/08) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 59 S. AHMETI, OWNER, USE 1008 ELMWOOD TO OPERATE AN EXISTING RESTAURANT UNDER NEW OWNERSHIP IN THE ELMWOOD AVE SPECIAL ZONING(DEL)(HRG 10/08) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD REGULAR COMMITTEES CIVIL SERVICE (BONNIE E. RUSSELL, CHAIRPERSON) NO. 60 APPOINT BATTALION CHIEF (PERM)(BOSSI, GRAHAM, MELDRURN, FLAHERTY, MURPHY, REID)(FIRE) CCP# 24,09/17 Mrs. Russell moved That Communication 24 of September 17, 2013, be received and Filed and that the Permanent appointment of Daniel Bossi, 5721 Cole Road, Orchard Park, NY 14127 Paul Graham, 277 Main StApt #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 at the minimum salary of $83,913.90 is hereby approved PASSED AYES- 9 NOES- 0 NO. 61 APPOINT CAPTAIN (PERM)(BRESKI, MENDOLA, ROBERTSON, MAJITYKA- HARTMAN, MUSCARELLA, DONOVAN, HOARE, MANN, GOOCH)(FIRE) CCP# 25, 09/17 Mrs. Russell moved That Communication 25 of September 17, 2013, be received and Filed and that the Permanent appointment of 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 at the minimum salary of $77,382.00 is hereby approved PASSED AYES -9 NOES -0 NO. 62 APPOINT DIVISION CHIEF (PERM)(BIASILLO, LAMACCHIA)(FIRE) CCP# 26,09/17 Mrs. Russell moved That Communication 26 of September 17, 2013, be received and Filed and that the Permanent appointment of Thomas Breski, 652 Harris Hill RD, Lancaster, NY 14086 Michael Biasillo, 7117 Olean Road, South Wales, NY 14139 James Lamacchia, 125 Clark Street, Orchard Park, NY 14127 at the minimum salary of $91,823.00 is hereby approved PASSED AYES - 9 NOES- 0 NO. 63 APPOINT LIEUTENANT (PERM)( CONNELLY, FARRELL, EATON, O'SHEI, KELLEY, CHARVAT, SIKORA, VIVIAN, NIEVES, SMITH, MULDERIG, O'DORMELL, MURZYNOWSKI, FLANAGAN, WILKINSAN, COHILL, FLETT, CASSEL, BANNISTER, LUTHRINGER, SCANLON, PANARO, WACHOWSKI(FIRE) CCP# 27, 09/17 Mrs. Russell moved That Communication 27 of September 17, 2013, be received and Filed and that the Permanent appointment of Michael Connelly, 31 Treehaven Road, West Seneca, NY 14224 Michael Farrell, 1032 Sweet Road, East Aurora, NY 14052 Johnathan Eaton, 7026 Rock Dove Lane, Wheattield, NY 14304 Douglas O'Shei, 6161 Scherff Road, Orchard Park, NY 1,4127 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 Brookfleld 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 Wickbam 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 at the minimum salary of $69,201.00 is hereby approved PASSED AYES -9 NOES -0 NO. 64 NOTICES OF APPOINTMENTS - TEMP /PROV /PERM COP# 40, 09/17 Mrs. Russell moved: That the above item be the same and hereby is Received and Filed ADOPTED FINANCE (CHRISTOPHER P. SCANLON, CHAIRMAN) NO. 65 D. PRIDGEN- CONCERNS CLOSING CITIZENS BANK CCP# 66, 07/09 Mr. Scanlon moved: That the above item be the same and hereby is Received and Filed ADOPTED COMMUNITY DEVELOPMENT (JOSEPH GOLOMBEK, JR., CHAIRMAN) NO. 66 K. KEENAN -RESP- MORATORIUM ON DEMOLITION OF ST. ANN'S RC CHURCH (C.C.P #44, SEPT 17) Mr. Golombek now moves that the above item is hereby referred to the Committee on Legislation ADOPTED NO. 67 PERMISSION TO NEGOTIATE /ACQUIRE ROW PARCELS NORTH BUFFALO RAILS TO TRAILS PROJECT(UNIV) (C.C.P #2, JULY 30) Mr. Golombek now moves that the above item be Received and Filed. ADOPTED LEGISLATION (DARIUS G. PRIDGEN, CHAIRMAN) NO. 68 J. DALY, OWNER, USE 1553 HERTEL FOR AN OUTDOOR PATIO WITH MUSIC AT THE REAR OF THE RESTAURANT IN THE HERTEL AVENUE SPECIAL DISTRICT (DEL)(DPIS) (ITEM NO. 46, C.C.P., SEPT. 17, 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 pursuant to Section 511- 59F(1), the Common Council hereby approves the application of J. Daly, Owner, to use 1553 Hertel for an outdoor patio with music at the rear of a two -story restaurant /tavern with apartments in the Hertel Avenue Special District subject to the conditions recommended by the City Planning Board. PASSED AYES -9 NOES -0 NO. 69 RESTRICTED USE PERMIT - 75 W. CHIPPEWA (ELL) (CTY CLK) (ITEM NO. C.C.P., SEPT. 17, 2013) Mr. Pridgen moved: That the above item be, and the same hereby is, 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 4, 2013 is approved upon the following conditions: Patrons under the age of 21 will have a black X on their hands • Patrons over the age of 21 will have a wristband indicating they are over 21 • There will be 18 staff members to ensure the safety and well -being of all patrons • Licensed security guards will be patrolling the venue at all times • One drink per wristband will be in effect PASSED AYES -9 NOES -0 N. 70 RESTRICTED USE PERMIT - 76 W. CHIPPEWA (ELL) (CTY CLK) (ITEM NO. 37, C.C.P., SEPT. 17, 2013) Mr. Pridgen moved: That the above item be, and the same hereby is, 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 18, 2013 be Received and Filed. RECEIVED AND FILED NO. 71 J. KOBYLANSKI, AGENT, USE 1488 HERTEL FOR A RESTAURANT IN THE HERTEL AVENUE BUSINESS DISTRICT (DEL)(DPIS) (ITEM NO. 59, C.C.P., SEPT. 17, 2013) Mr. Pridgen moved: That the above item be, the same hereby is, returned to the Common Council with a recommendation for approval; and That pursuant to Section 511 -59F of the Code of the City of Buffalo, the Common Council hereby approves the application of J. Kobylanski, Agent, to establish a sit -in restaurant at 1488 Hertel Avenue in the Hertel Avenue Business District upon the following conditions: That the establishment be constructed consistent with the amended plan filed with this item, including an entrance door on the Hertel Avenue face of the building. PASSED AYES 9, NOES 0 NO. 72 USED CAR DEALER - 2687 BAILEY (UNIV)(DPIS) (ITEM NO. 60, C.C.P., SEPT. 17, 2013) Mr. Pridgen moved: That the above item be, and the same hereby is, returned to the Common Council without recommendation; That the Commissioner of the Department of Economic Development, Permits and Inspections Services is hereby authorized pursuant to Chapter 254 of the City Code to issue a Used Car Dealer License to Aleksandra Alekseyev d /b /a V & A Enterprises Inc., located at 2687 Bailey. PASSED AYES 9, NOES 0 NO. 73 D. PRIDGEN -L. GIST - CONCERNS BAIL BONDS VEHICLES (C.C.P #82, JULY 23) Mr. Pridgen now moves that the above item be Received and Filed. ADOPTED NO. 74 D. PRIDGEN- CONCERNS ADVERTISEMENT ON METRO RAIL CARS (C.C.P #68, JUNE 11) Mr. Pridgen now moves that the above item be Received and Filed. ADOPTED NO. 75 D. PRIDGEN- PRESERVATION BD DENIAL OF AWNING- 295 MAIN ST(FILL) (C.C.P #69, JUNE 11) Mr. Pridgen now moves that the above item be Received and Filed. ADOPTED NO. 76 FOOD STORE LICENSE (NEW) - 1545 BROADWAY (FILL)(DPIS) (ITEM NO. 53, C.C.P., JUNE 25, 2013) Mr. Pridgen moved: That the above item be, and the same hereby is returned to the Common Council with a recommendation for approval; That the Commissioner of Permits and Inspections Services is hereby authorized pursuant to Chapter 194 of the City Code to issue a Food Store License to Badr Hizam Esmail Saiban d /b /a Super Stop Gas & Food, Inc. located at 1545 Broadway upon the following conditions: • Hours of operation: Sunday - Thursday store must close by 10:00 pm • Hours of operation: Friday and Saturday store must close by 11:00 pm • Store must have at least two working security cameras - one inside of store and one outside of store • No hand painted signs • No obstruction of windows • No selling of "loose" items -i.e. cigarettes, single diapers • No selling of drug paraphernalia including "one -hit" glass tubes, cigarette rolling papers • No selling of blunts PASSED AYES 9, NOES 0 RESOLUTION NO. 77 BY: COUNCIL PRESIDENT RICHARD A. FONTANA WAIVE CONSTRUCTION FEES & CONTRACTOR LICENSE FEES FOR HABITAT FOR HUMANITY BUFFALO FOR 2013 -2014 DATE: October 1, 2013 WHEREAS: Habitat for Humanity has an excellent reputation as a not - for - profit organization; and WHEREAS: Habitat for Humanity volunteer work force continues to rehabilitate older homes and build new ones; ever advancing their mission to increase home ownership and property tax revenue for the City of Buffalo, all while strengthening our City; and WHEREAS: In 2013, Habitat for Humanity Buffalo has completed six projects to date with four more scheduled in October mad November. Habitat for Humanity is also anticipating dedicating four additional homes in December; and WHEREAS: All fees waived by the City of Buffalo will translate directly into more construction dollars and will reduce building costs; and WHEREAS: Ninety cents of each dollar donated to Habitat for Humanity is spent to purchase construction materials. The materials the organization uses are purchased in the Buffalo area, thus supporting the City's economy. The completed projects go back on the tax rolls creating additional revenue for the City. NOW, THEREFORE BE IT RESOLVED: That the Common Council does hereby request that the City of Buffalo Department of Permit and Inspection Services waive all construction permit fees and contractor license fees for 2013 -2014 for Habitat for Humanity of Buffalo in order to promote our goal of increasing home ownership in the City of Buffalo; and BE IT FINALLY RESOLVED: That certified copies of this resolution be forwarded to James Comerford, Commissioner of the Department of Permit and Inspection Services; Tim Ball, Corporation Counsel; and Ronald Talboys, President of Habitat for Humanity Buffalo for their review. PASSED AYES 9, NOES 0 NO. 78 BY: COUNCIL PRESIDENT FONTANA WAIVER OF FEES FOR 1ST ANNUAL SCHILLER PARK OKTOBERFEST Whereas: The Schiller Park neighborhood of the Lovejoy District has a historical German cultural component, as it was the settling place for many German immigrant families to Buffalo in the 20 century; and Whereas: Many subsequent generations of these German - American families still reside in the Schiller Park area; and Scharfs Restaurant, located on South Crossman Avenue at the edge of Schiller Park, is a major cultural institution of the Buffalo German - American community; and Whereas: With the cooperation of the Steuben Society of America, owner Gerald Scharf plans to celebrate German - American culture and heritage with the first annual Schiller Park Oktoberfest; and Whereas: This celebration will feature German food, drinks, music, and dancing, and will allow the German - American citizens of Buffalo to celebrate their cultural heritage as well as share it with residents of other cultures; and Whereas: Gerry Scharf and the Steuben Society are taking on all responsibilities for organizing and running the event, without any outside funding or sponsorship. Now, Therefore, Be It Resolved: That the Common Council hereby requests a waiver of any and all permit and application fees associated with the Schiller Park Oktoberfest. Be It Further Resolved: That this Resolution be forwarded to Ms. Kimberly Trent in the Office of Special Events PASSED AYES 9, NOES 0 NO. 79 BY: MR. FONTANA WAIVER OF FEES FOR BOY SCOUT TROOP #128 Whereas: The Boy Scouts of America help young men to grow and mature into respectable and responsible citizens; and Whereas: Boy Scout Troop #128 has served the youth of the Lovejoy District for many years; and Whereas: In recent years Troop #128 has held its weekly Thursday night meetings at the Machnica Community Center located at 1799 Clinton St. Whereas: Boy Scout Troop #128 is a not - for - profit group whose members constantly strive toward the betterment of themselves, the City of Buffalo, and the United States of America through hard work and community service. Now, Therefore, Be It Resolved: That the Common Council hereby requests the Department of Public Works waive any and all fees associated with the usage of the Machnica Center community meeting room for Boy Scout Troop #128 for their 2013 -2014 meeting season. Be It Further Resolved: That a copy of this resolution be forwarded to Ms. Arlene Mustafa in the Department of Public Works Parks Division. PASSED AYES 9, NOES 0 NO. 80 MR. GOLOMBEK, JR. INVITATION TO ECC TO PARTNER WITH THE CITY OF BUFFALO ON DOWNTOWN CAMPUS EXPANSION September 26, 2013 Whereas: Since 2010, Erie Community College has proposed constructing a $30 million facility at its North Campus in Amherst to facilitate health sciences, STEM, and other programs; and Whereas: The Common Council has been on record urging the ECC Board of Trustees to consider the college's City Campus or an area on the Buffalo Niagara Medical Campus as an alternative location for this expansion; and Whereas: On July 31, 2013, Gov. Andrew M. Cuomo delivered to the City of Buffalo a check for $15.5 million, a sum that represents four years' worth of agreed -upon casino payments to the City that were withheld by the Seneca Nation of Indians in protest after New York State allowed gaming machines at Western New York racetracks; and Whereas: With this dispute resolved, $15.5 million of casino revenue is now available to the City of Buffalo that can be used to bolster economic development, increase the tax base, and help lift families into the middle class; and Whereas: Expanding ECC at a transit -rich location, adjacent to emerging job and internship opportunities at the Buffalo Niagara Medical Campus, is a perfect fit for the use of the City's share of Seneca Buffalo Creek Casino revenue; Therefore, Be It Resolved: That the Common Council invites the ECC Board of Trustees to consider partnering with the City of Buffalo to achieve its expansion at the City Campus; and Be It Further Resolved: That the Common Council would support devoting a portion of the City of Buffalo's share of casino revenues from the Seneca Buffalo Creek Casino to facilitate construction of a new ECC facility at the City Campus or in the area of the Buffalo Niagara Medical Campus; and Be It Further Resolved: That the Common Council invites ECC President Jack Quinn and the Chair of the ECC Board of Trustees to meet with the Common Council to discuss how the City can help the college achieve this expansion in downtown Buffalo; and Be It Finally Resolved: That the Common Council requests this resolution be forwarded to Governor Andrew M. Cuomo, the Western New York delegation of the New York State Senate and Assembly, Erie County Executive Mark C. Poloncarz, every member of the Erie County Legislature, ECC President Jack Quinn, and the ECC Board of Trustees. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 81 BY MICHAEL J. LOCURTO APPOINT MARRIAGE OFFICER Pursuant to Chapter 49 of the laws of New York (1988), which allow a governing body the right to appoint one or more Marriage officers, who have the authority to solemnize marriages, I am requesting the appointment of the following person whose appointment as a Marriage Officer shall commence September 17th, 2013 and expire November 1 s , 2013. Abraham Munson -Ellis ADOPTED NO. 82 SPONSOR: COUNCILMERNBER LOCURTO WAIVE PERMIT FEES FOR ELMWOOD - FRANKLIN WALK- A -THON IN DELAWARE PARK Whereas: On Friday, October 4 h ' 2013 The Elmwood Franklin School's 8 th Grade Class will have a walk -a -thon event in Delaware Park on Ring Road from 10am to 12pro, with a rain date scheduled for October 7 th 2013; and Whereas: Participants will consist only of 35 8th Grade students and 6 supervising faculty members and is an annual c]ass project for community services related to the Elmwood Franklin School and is not a public event; and Whereas: This event is free and will not consist of any equipment such as tents or music, will have no vendors or rides; and Whereas: All necessary paperwork, including insurance required by the City, has been submitted prior to relevant City Departments prior to the scheduled event; and Therefore, Be it Resolved: That the Buffalo Common Council hereby waives all special event permit fees related to the Elmwood Franklin School 8th Grade Class Walk -a- Thon in Delaware Park on Friday, October 4 h ' 2013 from 10am -12pm, with a rain date scheduled for October 7 th 2013; and Be it Further Resolved: That a copy of this resolution be sent to the appropriate departments, including the Department of Parks and Recreation and the Department of Special Events. PASSED AYES 9, NOES 0 BY: MR. RIVERA NO. 83 REQUEST TRAFFIC STUDY - RICHMOND AVENUE Date: 1 October 2013 Whereas: Richmond Avenue is a residential street that has seen an immense increase in traffic the past few years; and Whereas: Traffic on the section of Richmond between West Ferry and Colonial Circle has been a concern for many residents in the area; and Whereas: There has been an increase in motor vehicle accidents on Richmond Avenue, particularly near the intersection of Breckenridge Street; and Whereas: A traffic study should be conducted to provide a basis for the best changes, such as travel lane reconfigurations, signage, new parking regulations and other recommendations to make Richmond Avenue as safe as possible for motorists, bicyclists and pedestrians; and Whereas: Any changes to Richmond Avenue should be done in conjunction with the City of Buffalo's Complete Streets legislation to ensure a safe access street for all users of the area, including pedestrians, bicyclists and motorists; Now, Therefore be it Resolved: That the Department of Public Works, Parks and Streets conduct a traffic study of Richmond Avenue, from West Ferry to Colonial Circle and report back to this Common Council its suggestions for an improved Richmond Avenue; and Be it Further Resolved: That any changes to Richmond Avenue be done in conjunction with the Complete Streets Legislation that calls for the incorporation of sidewalks, bike lanes, paths, and other improvements to ensure a safe access street for all users; and Be it Finally Resolved: That this item be sent to the appropriate committee for further discussion. ADOPTED NO. 84 BY: MS. RUSSELL: BUDGET AND PERSONNEL AMENDMENT 01 - LEGISLATIVE 1012 - COMMON COUNCIL LEGISLATIVE #11 The Common Council of the City Of Buffalo does ordain as follows: That part of Section I of Chapter 35 of the Code of the City of Buffalo, relating to 01 - Legislative, 1012 - Common Council Legislative #1 I, which currently reads: 1 Legislative Aide $ 36,242 Is hereby amended to read: 1 Legislative Assistant $41,163 Legislative Assistant It is hereby certified, pursuant to Section 3 -19 of the Charter, that the immediate passage of the foregoing ordinance is necessary. IT IS HEREBY CERTIFIED, that a personnel requisition incident to the creation of the above - mentioned position, containing a statement of the duties for such position, has been filed with the Municipal Civil Service Commission, and said Commission has approved and certified the position title set forth in the foregoing ordinance as being the appropriate Civil Service title for the proposed position BYRON W. BROWN, MAYOR, GERALD CHWALINSKI CITY CLERK, AND DONNA J. ESTRICH, DIRECTOR OF BUDGET, ADMINISTRATION AND FINANCE, hereby certify that the above change is necessary for the proper conduct, administration and performance of essential services of that department. We recommend that the compensation for said position be fixed at the respective amount set forth in the foregoing ordinance. PASSED AYES 9, NOES 0 BY: CHRISTOPHER P. SCANLON NO. 85 BOND RESOLUTION BUFFALO AND ERIE COUNTY HISTORIC SOCIETY ELECTRICAL UPGRADE (ADDTL FUNDS) Account 3000 -32 Bond Resolution of the City of Buffalo, New York„ authorizing the issuance of $530,000 General Improvement Bonds of said City, in addition to the $642,000 bonds previously authorized to finance the cost of electrical system improvements at the Buffalo and Erie County Historic Society located on 25 Nottingham Terrace, in the City, at the total estimated maximum cost of $1,172,000. The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two - thirds of all the members of said Common Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York, is hereby authorized and directed to issue General Improvement Bonds of said City in the total principal amount of Five Hundred Thirty Thousand Dollars ($530,000), pursuant to the provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33 -a of the Consolidated Laws of the State of New York (the "Law "), in addition to the $642,000 bonds previously authorized by Bond Resolution Item No. 78 duly adopted by the Common Council on March 24, 2009 to finance the cost of electrical system improvements at the Buffalo and Erie County Historic Society located on 25 Nottingham Terrace, in the City. The total estimated maximum cost of said specific object or purpose for which the bonds authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $1,172,000 as set forth in the duly adopted 2013 Capital Improvements Budget of said City, as amended. Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of the sale of said bonds shall be deposited in the Capital Projects Fund to the credit of the Department of Public Works, Division of Buildings, "Buffalo and Erie County Historic Society Electrical Upgrade - 2013 ", Bond Authorization Account No. 3000 -32, and shall be used for the specific object or purpose specified in Section 1 of this resolution. Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said specific object or purpose for which bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $530,000. This Resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1.150 -2. Section 4. The following additional matters are hereby determined and stated: (a) The period of probable usefulness applicable to the specific object or purpose for which the bonds authorized by this resolution are to be issued within the limitations of Section 11.00 a. 5 of the Law, is thirty (30) years. (b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance- with Section 107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged for the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of said bonds and said notes. Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds may be contested only if: (a) Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or (b) The provisions of law which should be complied with at the date of the publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, ]s commenced within twenty days after the date of such publication, or (c) Such obligations are authorized in violation of the provisions of the constitution. REFERRED TO THE COMMITTEE ON FINANCE NO. 86 BY: MR. SCANLON INCREASED APPROPRIATION - POLICE VEHICLES That pursuant to Section §20 -12 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the appropriation in the budget for the current fiscal year for Police - Capital Outlay, be and the same are hereby increased in the sum of .- 1,100,000. The amount of increased appropriation will be met from increased revenue in the account titled Fund Balance, not otherwise appropriated for any other purpose. That the comptroller be and hereby is authorized and directed to increase the revenue estimate for the account to meet this increased appropriation as set forth below: From: 10700096- 397200 FundBalance- Restricted - Capital Outlay $1,100,000 To: 12005007 - 474200 Police - Capital Outlay — Vehicles $1,100,000 PASSED AYES 9, NOES 0 NO. 87 BY: MR. SCANLON TRANSFER OF FUNDS -CITY PLANNING That, Pursuant to §20 -12 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the appropriation in be transferred and reappropriated as set forth below: From: 30000106 - 445100 City Planning $159,650 To: 30001016 - 445100 Tree Management and Planning $159,650 PASSED AYES 9, NOES 0 NO. 88 SPONSOR: CHRISTOPHER P. SCANLON WAIVE BAND SHELL RENTAL AND PERMITS FEES FOR WNY UNITED AGAINST DRUG & ALCOHOL ABUSE, INC. FOR THEIR OCTOBER 23, 2013 RED RIBBON WEEK EVENT 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, Pursuant to Chapter 175 of the Code, the established fee for rental of a Band Shell is $400 per day; and WHEREAS, WNY United Against Drug & Alcohol Abuse, Inc. is seeking the use of a Band Shell at Cazenovia Park on Wednesday, October 23, 2013 beginning at 9:30 am as part of their planned activities for the National Family Partnership's Red Ribbon Week, a nationwide event held in the last week of October each year in support of the fight against the illegal use of drugs and substance abuse prevention efforts; and WHEREAS, Each year as part of Red Ribbon Week, WNY United hosts a contest for students to create banners that show a positive drag prevention message, which the students then parade around their community and in front of judges. This year, students from four Buffalo Public Schools located in South Buffalo will be walking the banners they have created from their school buildings to Cazenovia Park where the Red Ribbon Rally and judging will take place; and WHEREAS, WNY United has been working to better the Buffalo and WNY Community for the last twenty -five years by educating young people about drug and alcohol abuse prevention through in- school programming, their "LIT: Leaders In Training" summer program and through numerous campaigns the group sponsors each year; and WHEREAS, WNY United has contacted the Common Council to request permission to use a Band Shell as part of their Red Ribbon Week programming and has asked the Council to waive the $400 fee which the City usually charges; and WHEREAS, This event provides a legitimate public benefit and is free to the general public. By waiving the band shell fee, the City would be demonstrating its support for youth drug prevention efforts and Red Ribbon Week and enable WNY United to utilize their limited funding for other drug prevention programming for local youths; an NOW, THEREFORE, BE IT RESOLVED, That the Common Council of the City of Buffalo respectfully requests that the Department of Permits & Inspections and the Department of Public Works waive the City Bandwagon Fee and the City Olmsted Park fee for WNY United Against Drug & Alcohol Abuse, Inc. for their Red Ribbon Week event. BE IT FURTHER RESOLVED, That the City Clerk forward a copy of this resolution to the Commissioners of the Departments of Permits & Inspections, Public Works, Law and Jessica Lafalce, Communications Coordinator for WNY United, 1195 Niagara St., Buffalo, NY 14213. PASSED AYES 9, NOES 0 BY: DEMONE A SMITH NO. 89 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. Sarah E. Bishop Total: 1 ADOPTED NO. 90 ANNOUNCEMENT OF COMMITTEE MEETINGS The following meetings are scheduled. All meetings are held in the Common Council Chambers, 13 floor City Hail, Buffalo, New York, unless otherwise noted. Regular Committees Committee on Civil Service Tuesday, Oct 8, 2013 at 9:45 o'clock A.M. Committee on Finance following Civil Service Tuesday, Oct 8, 2013 at 10:00 o'clock A.M. Committee on Comm. Dev. Tuesday, Oct 8, 2013 at 1:00 o'clock P.M. Committee on Legislation Tuesday, Oct 8, 2013 at 2:00 o'clock P.M (Public Disclaimer): Al! 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. On a motion by Mr. Smith, Seconded by Mr GERALD A. CHWALINSKI CITY CLERK NO. 91 ADJOURNMENT Pridgen, the Council adjourned at 2:45 PM October 1, 2013