The URL can be used to link to this page

Home My WebLink About13-1015 (2)NO. 19 PROCEEDINGS OF THE CITY OF BUFFALO OCTOBER 15, 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 15, 2013 FINAL MAYOR MAYOR - EXECUTIVE 1. Cit Serv- Submission of Monthly Report Sept 2013 R &F 2. Plan Bd- Negative Declaration -250 Delaware(Ell) R &F 3. Plan Bd -Site Plan Approval -250 Delaware(Ell) R &F 4. Plan Bd- Conditional Approval Amended Site Plan -250 Delaware(Ell) R &F 5. Strat Plan- Rescind Sale & Refund Deposit 89 Jewett(Masten) APP 6. Strat Plan- Trinity Towers II Housing Dev /Trinity Towers Apts PILOT CD COMPTROLLER 7. COB Investment Policy FIN 8. Gun Buy Back Audit R &F 9. Street Light & Electricity Audit APP COUNCIL PRESIDENT 10. Appl for Real Property Tax Exemption for Nonprofit Organizations ASMT PUBLIC WORKS 11. 2013 -2014 Snow Removal Standard Operating Procedure FIN 12. Amend -Req Permission to Accept Funds from Bflo Bison Hockey and BSA for Lafayette N Bflo Ice Rink Improv(parking lot expan) APP 13. Change in Contract -Coca Cola Field -Sound Sys & Renovations(Ell) APP 14. Permission to Enter Agmt with FHWA, NYSDOT and BSA Niagara St -Phase 2 Btwn Virginia St and Porter Ave APP 15. Permission to Hire Consultant City Court 4th Fl Reconst(Ell) APP 16. Permission to Increase Contract Engr Sery Pearl St 2 -Way Conversion(Ell,Fill) APP 17. Permission to Increase Contract Titan Dev Splash Pad Improv Various Pk Fac APP 18. Report of Bids -JFK Comm Ctr Rehab Proj CDBG Funded Yr38(Ell) APP 19. Report of Bids -Matt Urban Comm Ctr Rehab Proj CDBG Funded Yr38(Fill) APP 20. Report of Bids -N Bflo Comm Ctr Rehab Proj CDBG Funded Yr38(Del) APP 21. Report of Bids -NW Bflo Comm Ctr Rehab Proj CDBG Funded Yr38(North) APP 22. Report of Bids - Polonia Hall Comm Ctr Rehab Proj CDBG Funded Yr38(Fill) APP 23. Report of Bids -TJ Dulski Comm Ctr Rehab Proj CDBG Funded Yr38(Fill) APP FIRE 24. Perm to Enter Contract with Pulse Occupational Medicine for Annual Physicals_APP 25. Appoint Lieutenant(Perm)(Min)(Hartman) CS CORPORATION COUNSEL 26. SEQR Common Council Requests Lead Agency Battaglia Transfer Station - 1037 -1055 Seneca (Fill) LEG PERMITS AND INSPECTIONS 27. Mobile Food Truck -160 Delaware Falynn Koch @ Fally Mac APP COMMUNITY SERVICES 28. COB Girls Circle Prog -Grant Accept of Grant and Interfund Cash Loan APP CITY CLERK 29- 28A. Restricted Use Permit -75 W. Chippewa(10 /18/2013) APP W /COND 30- 29. Liquor License Applications R &F 31- 30. Leaves of Absence R &F 32- 31. Notices of Appointments - Council Interns ADOPT 33- 31A Notices of Appointments - Council Interns ADOPT 34- 32. Notices of Appointment - Seasonal R &F 35- 33. Notices of Appointments- Temp/Prov/Perm CS MISCELLANEOUS 36- 34. J. Boglioli- Request to Rename the Former Donovan Office Bldg to "One Canalside" 125 Main St LEG 37- 35. R. Fontana -C. Mueller -Info Time Warner Cable - Digital to Analog LEG,ATNY GEN 38- 35A D. Franczyk -T. Dee - Support Rename Donovan Building to One Canalside LEG 39- 36. J. Golombek -N. Neuman - Future of Scajaquada Expressway CD 40- 37. C. Heimiller -Site Plan Application -447 Kenmore -Bottle Redemption Center CPBD 41- 38. M. Jaskula -J. Quinn - Options Req Improvements at ECC City Campus CD 42- 39. D. Pridgen- Bottoms Up Co- Mingling Evaluation R &F 43- 40. V. Shaw - Request to Purchase Refurbished Computer APP PETITIONS 44- 41. B. Burri, Agent, Rezone 422,424 and 426 Dingens St From an R -2 Residential to a C -2 Community Business District(hrg 10 /29)(Lov) LEG,CPBD,ZONING 45- 42. Y. Gebre, Owner, Use 3355 Bailey Ave for a Restaurant in the Kensington Special Zoning District(hrg, 10 /22)(Univ) LEG,CPBD 46- 43. D. Pridgen -J. Burt & O- Closing of Citizens Bank in Tops on Jefferson in Buffalo R &F RESOLUTIONS 65- 44. Fontana Penalty for Slum Landlord at 1258 E. Lovejoy St A &F,EDPI,CC 66- 45. Fontana Waive Fees for Eain's Echo APP 67- 46. Franczyk Permission to Hang Banners at Holy Trinity Church APP 68- 47. Franczyk,etc Stem Advance of Blue Algae on Lake Erie ADOPT 1 ST RES REM TO CD, VEOLIA, PW, BSA,LEAGUE OF CITIES AND CLEVELAND TOWN COUNCIL 69- 48. Franczyk Trailblazing Sign Request for Doris and Cyril Bouquard APP 70- 48A Franczyk Request to Designate 125 Main St as One Canalside (Donovan Bldg) ADOPT RES' S REM TO LEG 71- 49. Golombek Public Financing for COB Elections LEG 72- 50. LoCurto Permission to Hang Banners on Elmwood Ave Btwn Rockwell Rd and Penhurst Pkwy APP 73- 51. Smith Comm of Deeds -Public Duties ADOPT 74- 52. Smith Comm of Deeds ADOPT SUBMISSION LIST OF COMMITTEE ITEMS FOR THE COUNCIL MEETINGS CIVIL SERVICE 47- 1. Com 24 Oct 1 Appoint Supervisor of Street Sanitation I(Prov)(Inter)(Scott)(PW) APP 48- 2. Com 27 Oct 1 Appoint Battalion Chief(Perm)(Angrisano)(Fire) APP 49- 3. Com 28 Oct 1 Appoint Assistant Corp Counsel/Municipal Attorney(Perm)(Duncan)(CC) R &F 50- 4. Com 33 Oct 1 Appoint Senior Typist(Perm)(3 d Step)(Draffin)(EDPI) APP 51- 5. Com 34 Oct 1 Appoint Senior Special Assistant(Exempt)(Deeb)(A &F) R &F 52- 6. Com 35 Oct 1 Appoint Special Asst to the Compt(Exempt)(Jones)(Pkg) R &F 53- 7. Com 44 Oct 1 Notices of Appointments- Temp/Prov/Perm(Cty Clk) R &F FINANCE 54- 8. Res 85 Oct 1 Bond Resolution -Bflo & EC Historic Society Electrical Upgrade APP COMMUNITY DEVELOPMENT 55- 9. Com 7 Oct 1 Report of Sale -518 Northampton(Ell)(Strat Plan) APP 56- 10. Com 8 Oct 1 Response to Sale of Vacant Lot -184 Brinkman(Lov)(Strat Plan) APP 57- 11. No 46 Jan 5 D. Smith -B. Lanks - Article The Incredible Shrinking City R &F LEGISLATION 58- 12. No 570ct 1 L. Struski, Owner, Use 2115 South Park- Reopen Existing Tavern in the South Park Special Zoning District(South)(hrg 10/08) APP 59- 13. No 580ct 1 G. Ingrao, Owner, Use 1669 Hertel for a Take Out Restaurant in the Hertel Ave Special Business District(Del)(hrg 10/08) APP 60- 14. No 590ct 1 S. Ahmeti, Owner, Use 1009 Elmwood to Operate an Existing Restaurant Under New Ownership in the Elmwood Ave Special District(Del)(hrg 10/08) APP 61- 15. Com 29 Oct 1 Food Store(New) 1373 Main aka 1381 (Ell)(EDPI) APP /COND 62- 16. No 500ct 1 K. Nightingale- Bottom's Up Comingling R &F 63- 17. No 42 Sept 17 S. Fitzmaurice- Address Change for One HSBC Center R &F 64- 18. Res 70 Sept 17 Request to Change Name of HSBC From One HSBC to One Seneca Tower(Franczyk)(exc I' & 3 d Res)(Hrg 10115) APP CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO TUESDAY, OCTOBER 15, 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 October 1, 2013 were approved FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE OFFICE OF CITIZEN SERVICES NO. 1 SUBMISSION OF MONTHLY REPORT FOR SEPTEMBER The Office of Mayor, Division of Citizen Services, hereby submits, for your Honorable Body's revie and approval, the monthly reports for the Mayor's Call and Resolution Center for September of 2013, as mandated by Section 6 -20(c) of the City of Buffalo's City Charter. This quarterly statistical report details the number and nature of inquiries, requests and complaints received. RECEIVED AND FILED FROM THE CITY PLANNING BOARD NO. 2 PLAN BD- NEGATIVE DECLARATION -250 DELAWARE(ELL) NEGATIVE DECLARATION - NOTICE OF DETERMINATION OF NON - SIGNIFICANCE This notice is issued pursuant to the State Environmental Quality Review Act (SEQRA), Article 8 of the Environmental Conservation Law and its implementing regulations 6 NYCRR Lead Agency: City of Buffalo Planning Board 901 City Hall Buffalo, New York 14202 In accordance with the provisions of SEQRA, as Lead Agency, has reviewed the following action as it relates to the environment: Action Title: 250 Delaware Avenue Buffalo, New York. Type of Action: Type I Project Description: Uniland Development Company proposes to build a mixed use development that will include Class A offices, hospitality, retail, structured parking, and one level of underground parking 250 Delaware Avenue. The project is bounded by Delaware Avenue, Chippewa Street and Elmwood Avenue and will be the newest addition to the City of Buffalo's Central Business District. Two Hundred Fifty Delaware Avenue is currently a two -story commercial building at the northwest comer of Delaware and Chippewa. Constructed 100 years ago, the masonry, steel and wood structure was built to suit a low rise pedestrian scale. The building addresses this pedestrian scale with its ornate terracotta facade, projecting bay window storefronts, recessed entrances and articulated windows above. The facade has a unique curving form that rounds the comer from Delaware to Chippewa. The main entrance to the office building is proposed at the center of the curved facade right at the street comer. The terracotta facade is an essential element of the design of this mixed use project. In order to facilitate construction of below grade parking to the Delaware and Chippewa property lines and the mixed use facility behind and above the facade it is intended to remove the terracotta fa9ade. The facade will be recreated by a local manufacturer using existing moulds in their possession which replicate the profiles, terracotta block sizes and detail of the existing facade. Surrounding buildings of various architectural styles range in height from two to sixteen stories. This highly visible location sits at the crossroads of a growing entertainment corridor along Chippewa Street and Delaware Avenue. This new mixed use building will be twelve (12) stories high and approximately 350,000 square feet, and occupy 1.03 acres. The office section of the building occupies floors 6 through 12. The hotel portion of the building is planned for floors 2 though five. The ground floor will have entry lobbies for both the office and hotel uses, as well as other commercial and retail occupancies. The exterior of the building above the second floor is predominately glass curtain wall, while the lower two floors consist of the rebuilt terracotta facade with storefronts replaced with new glass windows and entrances similar to the original configuration. Office occupants and visitors access to the facility will be primarily from the comer of Delaware and Chippewa. Other entry points are planned around the perimeter of the building as indicated on the submission plans. The significance of the curved facade and the visual importance of the street comer are recognized in a vertical set -back or recess of floors 2 through 5. Vertical expression is further enhanced through the use of curtain wall framing and fritted glass. Taking inspiration from the existing heritage elements, the new building facades above the second floor will utilize modern terracotta cladding to create a visual bridge between the historic buildings on Elmwood and the contemporary urban fabric on Delaware. This corner will become a beacon for the district, both night and day. The project is targeting USGBC LEED certification for building core and shell. By infilling the block and increasing the built form and density the design supports urban intensification. Alternative parking and bicycle storage will be provided along with amenity space where tenants and building users can refresh themselves after the commute. The original terracotta facade will be replaced with new terracotta to match the existing historic design. This historic facade will then become the face of the new energy efficient, state -of- the -art mixed -use building. Solar shading devices will be applied to the building's exterior to minimize heat gain and glare, and the relatively clear low U -value glass will be used to minimize heat loss while still enabling appealing views for the occupants. Light colored material will be used on the facade and roofs to help reflect the sun and decrease heat island effect. Materials will include recycled material content. High efficiency HVAC systems, electrical and plumbing devices will be used to conserve energy and reduce waste. Wherever possible, materials within a 500 mile radius will be used to minimize transport pollution. The project complies with the current requirements for: lot coverage, yards, height, landscape, parking and the other aspects of the ordinance with the exception that a variance is required for upper level setback of the project. Reasons Supporting the Determination: The Lead Agency has reviewed and considered submissions and comments concerning the proposed Condominium project, including, but not limited to, the following: Full Environmental Assessment Form (The Board notes that the initial Full EAF supplied by the Project Sponsor correctly identified the action as Type I but failed to note the adjacency of the Project to the West Village Historic Preservation District. Both the Board and the Project Sponsor were aware of the adjacency to the Historic District and the inadvertent oversight was immediately corrected.) • Site Plan • Various renderings • Hatch Mott MacDonald Traffic Impact Study • Amended Site Plan • Transcript of proceeding of Meeting of City of Buffalo Preservation Board of September 19, 2013 • Public Hearing of September 10, 2013 • Tredo Engineers Conditions Assessment dated September 2013 • Desmond Associates Comprehensive Parking Assessment Downtown Buffalo New York dated December 2008 Based upon its review and consideration of the EAF and other materials and information listed above, and the environmental criteria contained in the SEQRA regulations at 6 NYCRR 617.6(c), the Planning Board has identified the following areas of small to moderate potential environmental impact as a result of this project: traffic, and potential impact on historic buildings and resources. A. Traffic The Hatch Mott MacDonald Traffic Impact Study indicates that the intersections within the study are operating mostly at acceptable levels and that additional traffic resulting from the proposed redevelopment will not have a noticeable effect on traffic operations. In response to concerns about heavy periods of pedestrian activity (particularly high school students from Hutch Tech High School) around ingress /egress points of the project the Project Sponsor has made modifications to the project including increasing separation between such points on Chippewa St. and implementing controls on the timing of deliveries to the location. Historic and Archaeological Resources The proposed project is not within a historic district, but it is adjacent to the West Village Historic Preservation District. In addition, while 250 Delaware is not a historic landmark, it is a notable building in the City of Buffalo. Upon review, the Board determines that the Project design will not have a significant negative impact on historic resources or the adjacent historic district. With regard to the existing structure at 250 Delaware Avenue the Board notes that fundamentally the new project retains the distinct curvature of the existing building and recreates the distinctive terra cotta elements and lower metal elements in the existing structure. The Board further notes that reviews conducted by experts in terra cotta fabrication and professional engineers have concluded that as a result of any new construction on the site a minimum of 50% of the existing terra cotta would need to be replaced in any event. In order to retain the appropriate level of appearance complete replacement of the terra cotta elements is acceptable in this circumstance. In addition, the Project Sponsor has made modifications to the Delaware Ave. facade in response to concerns raised by both this Board and the City of Buffalo Preservation Board in order to mitigate the negative impacts on portions of the upper portion of the existing structure. The new building design contributes well to the Delaware Avenue reputation of 'landmark row' and continues the prominent street facade design of those up and down the avenue. The new building design reflects the original historic facade by following the same curved 'L' shape on the Delaware & Chippewa Street sides. It elegantly emerges as a new Delaware Avenue landmark tower, while still maintaining and respecting the rhythm and pedestrian scale of the street. The new three - tiered building design respects (reuses) the scale of the historic 2 -story storefront facade, by separating it from the sleek modern 12 -story glass tower above, with a new 4 -story open terracotta screen framing a deep recess for the hotel room floors beyond. This modern screen device, made of traditional terracotta, is utilized to bridge the gap between historic century-old materials at the sidewalk level, and new materials above. This screen continues around to Chippewa Street, and South ElmwoOd facing the parking structure to similarly screen the uses behind. The Board notes that the Project Sponsor has worked with the City of Buffalo Preservation Board to mitigate potential negative impacts of the project and that the Preservation Board has approved demolition of the existing structure at 250 Delaware in conjunction with this Application. With regard to potential impacts on the West Village Historic Preservation District the Board is aware of concerns with the parking garage and its potential visual impact and the impact on pedestrian activity along Elmwood Ave. The Board finds that the massing and height of the parking ramp (which is equivalent to a three and one -half story building) and the materials used (which also include the same terra cotta as used on the Delaware Ave. facade) are appropriate for the location. In addition, modifications made by the Project Sponsor including: the inclusion of For further information concerning this Negative Declaration, contact Martin Grunzweig, Land Use Controls Coordinator, Room 901, Buffalo City Hall, (716) 851 -5085 RECEIVED AND FILED NO. 3 PLAN BD -SITE PLAN APPROVAL -250 DELAWARE(ELL) RESOLUTION OF PLANNING BOARD WHEREAS, Uniland Development Company has applied for Site Plan approval of a proposed mixed use development located at 250 Delaware Avenue; and WHEREAS, pursuant to the State Environmental Quality Review Act ( "SEQRA "), the Applicant has submitted a Full Environmental Assessment Form with the application; and WHEREAS, it is the responsibility of the Board, pursuant to SEQRA, to fill out Parts II and III of the said Form (if required), to make a determination of environment significance, mad to issue a positive or negative declaration; and WHEREAS, this Board has carefully considered whether approval of the application would have any adverse environmental effects and whether any such effects might be significant; NOW, THEREFORE, it is Resolved: 1. This Board hereby adopts Part 2 of the Full Environmental Assessment Form as attached to this Resolution; and 2. This Board hereby determines that approval of the application for a site plan approval will not have a significant adverse environmental impact; and 3. This Board hereby adopts the Negative Declaration, Determination of Non - Significance attached to this Resolution and directs that it be filed with the City Clerk and maintained in files readily assessable to the public and that it be published in the Environmental Notice Bulletin maintained by the New York State Department of Environmental Conservation. RECEIVED AND FILED NO.4 PLAN BD- CONDITIONAL APPROAL AMENDED SITE PLAN -250 DELAWARE(ELL) RESOLUTION OF PLANNING BOARD WHEREAS, Pursuant to Chapter 511 of the City of Buffalo Code, Uniland Development Company has applied to the City &Buffalo Planning Board for Site Plan approval of a proposed missed use development located at 250 Delaware Avenue; and WHEREAS, as part of the application process, responses or comments are requested from various departments such as Police, Fire, Public Works, and Permit and Inspection Services; and WHEREAS, pursuant to General Municipal Law §239 -m, comments have been requested and received from the Erie County Department of Environment and Planning; and WHEREAS, for purposes of environmental review, the Planning Board has acted as lead agency and has issued a negative declaration, determining that there is no significant adverse impact on the environment; and WHEREAS, the Planning Board held a public hearing on this application on September 10, 2013; and WHEREAS, the Planning Board finds that the Site Plan as amended complies with all City requirements with the exception that a variance is required for upper level setback; and WHEREAS, the Planning Board finds that the proposed development will be a significant enhancement to this community. NOW, THEREFORE BE IT RESOLVED: That the Site Plan as amended is hereby conditionally approved pending approval by the Zoning Board of Appeals of the required set back variance. RECEIVED AND FILED FROM THE OFFICE OF STRATEGIC PLANNING NO. 5 RESCIND SALE & REFUND DEPOSIT 89 JEWETT AVENUE STEPHANIE RANDALL (MASTEN DISTRICT) PRIOR COUNCIL REFERENCE: Item #53, C.C.P. January 11, 2011 In the above referenced item Your Honorable Body approved the sale of 89 Jewett Avenue to Stephanie L Randall, 91 Jewett Avenue, Buffalo, New York 14214 to purchase the property in the amount of $1,700 for additional yard space. The purchase contract for 89 Jewett Avenue was signed in December 2010 with the understanding that the structure on said premise would be demolished prior to closing. The demolition was completed in late December 2010. In February 2011 the Division of Real Estate contacted Ms. Randall to close on the sale of 89 Jewett Avenue. In October 2012 the Division of Real Estate sent Ms. Randall a final notice to contact this office to close or forfeit her deposit. In November of 2012 Ms. Randall contacted this office advising she spoke to the Demolition Office and was waiting for the Contractor to come back out, level the lot, remove the hard fill and take out the remaining portion of the driveway. The Division of Real Estate contacted the Department of Permit & Inspections and they confirmed that part of the foundation of 89 Jewett Avenue had to remain for foundation purposes to the other adjoining property, that the lot was leveled, that the stones that remain on the property are a result of the settling and that they have closed their file since there was no cause for further action. On November 13, 2012 Ms. Randall was informed of the Department of Permits & Inspections findings and she has since requested that her contract be cancelled and her deposit of $170 be refunded. She would like her deposit back because she claims that she was told that "soil' would be used and that she was not aware that part of the foundation of 89 Jewett Avenue would have to remain for foundation purposes to the other adjoining structure. Ms. Randall has stated that she cannot afford to purchase the property, pay for soil, have it leveled, seeded and fenced in. Therefore, I am recommending that Your Honorable Body approve to rescind the sale of 89 Jewett Avenue to Stephanie Randall, return her 10% deposit of $170.00 and return the property to our inventory for future sale. Mr. Smith moved: That the above item be, and the above communication from the Department of Strategic Planning, Division of Real Estate, dated October 9, 2013, be received and filed; and That the Office of Strategic Planning, Division of Real Estate, be, and hereby is authorized to rescind the sale of 89 Jewett Avenue to Stephanie L. Randall of 91 Jewett Avenue, Buffalo, New York 14214, return the purchase price of One Thousand Seven Hundred Dollars ($1,700.00) and return the property to inventory for future sale. PASSED AYES 9, NOES 0 NO. 6 STRAT PLAN - TRINITY TOWERS II HOUSING DEV- TRINITY TOWERS APTS PILOT PRIOR COUNCIL REFERENCE: (Item No.10, C.C.P. July 23, 2013) Your Honorable Body approved the attached PILOT Agreement between the City of Buffalo, County of Erie, Trinity Towers II Housing Development Fund Corp. and Trinity Towers Apartments, II, LLC, or an entity formed or to be formed on behalf of the foregoing on July 23, 2013. Pursuant to Section 150 of the New York State Public Housing Law, prior to the Buffalo Municipal Housing Authority (the "Authority ") granting final approval of the Project, the City of Buffalo Planning Board and, then, the Common Council of the City of Buffalo must approve the Project. At the time these materials describing the Project and requesting PILOT benefits were originally submitted to this Common Council, the Planning Board had not taken action. The Planning Board has since approved the Project and now the Common Council can act in accordance with the Statute. As such, the Authority is resubmitting these materials and is respectfully requesting that the Common Council reapprove the PILOT So that the Common Council approval occurs subsequent to the City of Buffalo Planning Board approval. Therefore, Your Honorable Body is hereby requested to approve the attached PILOT agreement between the City of Buffalo, the County of Erie, Trinity Towers II Housing Development Fund Corp. and Trinity Towers Apartments II, LLC, or an entity formed or to be formed on behalf of the foregoing. This Project is being developed by Trinity Towers Apartments II, LLC, or an entity formed or to be formed on behalf of the foregoing, which is proposing to undertake the substantial rehabilitation of a residential housing complex located at 25 Linwood Avenue. The project will consist of a total of eighty three (83) apartments, with twenty one (21) studio units, fifty nine (59) one bedroom units and three (3) two bedroom units. All of the units will be affordable for households with incomes below 60% of the area median income. The building is an approximately 67,590 square foot multi -story building structure together with parking areas containing 48 parking spaces. There will also be an elevator and laundry facilities on site. The Project will rehabilitate this building and maintain the eighty three (83) units as much needed affordable housing for low income households. It will help meet the priority need for housing for elderly residents with incomes below 60% of the area median income The property is currently owned by an exempt entity not paying any real property taxes, thus any amounts paid pursuant to the PILOT Agreement will be new revenues for the City of Buffalo. The amount of the PILOT payments were calculated based upon the City's PILOT policy that provides for payments in the amount of 5% of the total income assuming a five percent (5 %) vacancy. Payments will increase by three percent (3 %) per year for the duration of the 15 -year Pilot. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT FROM THE COMPTROLLER NO. 7 CITY OF BUFFALO INVESTMENT POLICY The Department of Audit and Control hereby submits the attached City of Buffalo Investment Policy for adoption by Your Honorable Body. The City's Investment Policy has not been updated since 1989. The attached Investment Policy will help protect the finances of our City, and follows the guidelines recommended by the New York State Office of the State Comptroller. If you have any questions about this policy, please feel free to contact my office. Copy available for review in the City Clerk's Office REFERRED TO THE COMMITTEE ON FINANCE NO. 8 GUN BUY BACK AUDIT Attached is the audit report on the Gun Buy Back program conducted on May 4, 2013 If you have any questions, please feel free to contact me or Executive Assistant to the Comptroller Patrick Curry. Copy available for review in the City Clerk's Office RECEIVED AND FILED NO. 9 STREET LIGHT & ELECTRICITY AUDIT PRIOR COUNCIL REFERENCE: (Item #61, C.C.P. 2/5/13) Authorization is hereby requested to enter into an agreement with Troy & Banks, Inc. for an Audit of Electrical Service Accounts Including Street Lighting. Pursuant to the Common Council's Resolution, "Audit on the Street Lighting System in the City" (Item #61, C.C.P. 2/5/13), requesting that a comprehensive audit be performed to recoup money owed to the City in relation to street lighting and electricity costs, the Department of Audit and Control has honored this request. Due to the manpower and expertise required for this type of audit, the Department of Audit and Control has solicited proposals from outside firms to assist in this effort. The audit from the 1990s referred to in the resolution was conducted in a similar way. After reviewing the four proposals that were submitted, the Department of Audit and Control and the Commissioner of Public Works have selected Troy & Banks, Inc. to perform these services. Troy & Banks, a national leader in utility audits, is headquartered in Buffalo and has extensive experience in New York State, including the City of Buffalo street lighting audits in the 1990s referred to in the aforementioned resolution. This agreement is on a contingency basis, whereby the City only pays for these services if a refund or credit is recouped and /or a reduction on future billing is achieved. The fee proposal is as follows: • 33 percent of monetary refunds realized up to $ 100,000. • 25 percent of monetary refunds realized from $100,001 and above. • For any reductions in future costs resulting from Troy & Banks, Inc. analysis, the fee is 25 percent of the amount saved each month for 18 months. I recommend that Your Honorable Body authorize the Comptroller to enter into this agreement. Mr. Smith moved: That the above item be, and the above communication from the Office of the Comptroller, dated October 10, 2013, be received and filed; and That the Common Council hereby authorizes the Comptroller of the City of Buffalo to enter into an agreement with Troy & Banks, Inc. for an audit of electrical service accounts, including street lighting. This agreement is on a contingency basis, whereby the City only pays for these services if a refund or credit is recouped and /or a reduction on future billing is achieved. PASSED AYES 9, NOES 0 FROM THE PRESIDENT OF THE COUNCIL NO. 10 APPLICATION FOR REAL PROPERTY TAX EXEMPTION FOR NONPROFIT ORGANIZATIONS Mr. Chwalinski: Please file the following item for the upcoming meeting of the Common Council. Sincerely, Richard A. Fontana Council President Item available for review in the City clerk's Office REFERRED TO THE COMMISSIONER OF ASSESSMENT FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO. 11 2013 -2014 SNOW REMOVAL STANDARD OPERATING PROCEDURE This is to inform your Honorable Body of the department's 2013 - 2014 Snow Removal Standard Operating Procedure. This Document contains the most current listing of snow removal equipment, plowing districts, and policies. Item available for review in the City Clerk's Office I V A 9AV:» III tell r .I:9K0ldildiIIa1:10i1►191►/_1►[y:1 NO. 12 AMEND - REQUEST PERMISSION TO ACCEPT FUNDS FROM BUFFALO BISON HOCKEY AND THE BUFFALO SEWER AUTHORITY FOR LAFAYETTE (NORTH BUFFALO) ICE RINK IMPROVEMENTS JOB #1249 (PARKING LOT EXPANSION), CONTRACTS #93001161& 93001162 PRIOR COUNCIL REFERENCE: No. 22 of 10/1/13 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 Bison 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. Account# 32180006- 445100 has been created to facilitate the donation of the following funding amounts: Funder Name Amount Description Buffalo Bison Hockey $125,000 Used to fund parking lot expansion to include green infrastructure. Buffalo Sewer Authority $ 57,000 Used to fired 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 October 9, 2013, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to accept donation of funds (services) for the expansion of the Lafayette (North Buffalo) Ice Rink for the purposes of (to include) 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 $125,000.00 from Buffalo Bisons Hockey and $57,000.00 from the Buffalo Sewer Authority. PASSED AYES 9, NOES 0 NO. 13 CHANGE IN CONTRACT COCA COLA FIELD DISTRIBUTED SOUND SYSTEM & RENOVATIONS JOB #1274 G ELLICOTT DISTRICT I hereby submit to Your Honorable Body the following change for Coca Cola Field, Distributed Sound System & Renovations, Spicer Group (S &W Contracting), C #93001126 1. Of the requested amount, $6929.00 is to pay for the costs of the procurement of materials Add $12,334.00 associated with soffit reconstruction work to ensure that the soffit does not collapse on fans. And $5,405.00 of the costs are to replace circuits feeding the ticket booth and security office that was damaged by the removal of deck. Location of the conduit was unknown before the deck was removed. The foregoing change results in a net increase in the contract of Twelve Thousand Three Hundred Thirty -Four Dollars and 00/100 Dollars ($12,334.00). Summary: Original Contract Amount $315,000.00 Amount of This Change Order ( #2) $ 12,334.00 Revised Contract Amount $327,334.00 Costs have been reviewed by the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in 35324706 445100 - Buildings. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets dated October 8, 2013, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to execute Change Order #2 in the amount of $12,334.00 (Original Contract Amount $315,000.00 +Change Order #1 $12,33400 for a Revised Contract Amount of $327,334.00) for Coca Cold Field, Distributed Sound System and Renovations, to Spicer Group (S &W Contracting), C #93001126. Funds for this work are available in Account #35324706 445100 - Buildings. PASSED AYES 9, NOES 0 NO. 14 PERMISSION TO ENTER INTO AGREEMENTS WITH FHWA, NYSDOT AND BSA FOR THE DESIGN, INSPECTION AND CONSTRUCTION OF NIAGARA STREET- PHASE 2 BETWEEN VIRGINIA ST. AND PORTER AVENUE CITY OF BUFFALO, COUNTY OF ERIE ELLICOTT AND NIAGARA DISTRICT The Federal Highway Administration (FHWA), New York State Department of Transportation ( NYSDOT) and the City of Buffalo have designated $4.40M for the design, construction and construction inspection of Niagara Street between Virginia Street and Porter Avenue. This project is listed on the New York State Regional Transportation Improvement Program (TIP) under PIN #5757.14. In order to move this project forward; this Department is requesting that Your Honorable Body authorize the Mayor and /or this Department to enter into all necessary agreements with the FHWA, NYSDOT and BSA. These agreements would enable this Department to administer this project and will cover all necessary work needed to complete the design, inspection and construction of this project. Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated October 9, 2013, be received and filed; and That the Common Council hereby authorizes the Mayor and /or the Commissioner of the Department of Public Works, Parks and Streets to enter into all necessary agreements with the Federal Highway Administration ( "FHA "), the New York State Department of Transportation ( "NYSDOT ") and the Buffalo Sewer Authority ( "BSA ") for the design, construction, and construction inspection of Niagara Street between Virginia Street and Porter Avenue. This project is listed on the New York State Regional Transportation Improvement Program ( "TIP ") under PIN #5757.14. PASSED AYES -9 NOES -0 01WN1.1 PERMISSION TO HIRE CONSULTANT CITY COURT 4 FLOOR RECONSTRUCTION JOB #1316 ELLICOTT DISTRICT I hereby request that Your Honorable Body authorize the Department of Public Works, Parks and Streets grant permission to hire Kideney Architects as a consultant to provide architectural/ engineering services for City Court, 4 h Floor Reconstruction. The cost for consulting services is estimated not to exceed $74,910.00. The funds are available in 36329806 445100. The consultant has been chosen through a Request for Qualification (RFQ) process. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets, dated October 8, 2013, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to hire Kideney Architects as consultant 1 o provide architectural /engineering services for City Court, Fourth Floor Reconstruction. The consultant was chosen through a Request for Qualification (RFQ) Process. The funds for this project are available in Account #36329806 445100. PASSED AYES -9 NOES -0 NO. 16 PERMISSION TO INCREASE CONTRACT FOR ENGINEERING SERVICES PEARL STREET 2 - WAY CONVERSION CONTRACT #93000990 ELLICOTT AND FILLMORE DISTRICTS CC # 16 OF 1/10/12 Original Contract Amount - $ 298,300.00 Increase - $ 69,000.00 Total $ 367,300.00 1 hereby submit to Your Honorable Body the following change for this contract. Hatch Mott MacDonald, is the engineering consultant for the Pearl Street 2 -way Conversion Project for the City of Buffalo. This project included study, preliminary and detailed design for the conversion of Pearl street to 2 -way traffic. This increase is necessary to provide preliminary and detailed design for additional items, which have been added to the scope of this project, to be bid as alternates. The additional items include mill and overlay of pavement from Tupper to Upper Terrace, sidewalk and curb replacement from Tupper to Chippewa, reconstruction of Ashbury Alley to correct drainage issues, and the incorporation of new streetlighting from Tupper to Chippewa. I respectfully certify that this increase is fair and equitable for the work involved, and request that Your Honorable Body approve the subject change order and authorize the Commissioner of Public Works, Parks and Streets to issue said increase for $69,000.00 The funds are available in Capital Projects account #35317906 - 445100. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets dated October 9, 2013, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to execute ChangeOrder #1 in the amount of $69;000.00 (Original Contract Amount $298,300.00 + Change Order #1 $69,000.00 for a Revised Contract Amount of $367,300.00) for engineering services for Pearl Street 2 -way conversion, to Hatch Mott MacDonald, C #93000990. Funds for this work are available in Capital Projects Account #35317906 - 445100. PASSED AYES -9 NOES -0 NO. 17 PERMISSION TO INCREASE THE CONTRACT TITAN DEVELOPMENT - CONTRACT # 93000971 SPLASH PAD IMPROVEMENTS PROJECT VARIOUS PARK FACILITIES VARIOUS DISTRICT I hereby submit to your Honorable Body the following change for this contract. Titan Development is the contractor for Splash Pad Improvements Project at various park facilities. This increase is necessary for the following additional works by contractor: Provide and install two Dehumidifier and floor grating at three equipment Vaults. Provide and Install vandalized /broken spray head & parts for the winter covers. Provide and install three vented cover for storm manholes. Provide additional technical staff during re- installing & troubleshooting of the two VFD panels. Provide additional hours required to adjust and monitor splash pad while activated. Provide labor and crew truck to change summer operation to winter operation. Relocation of the power /control units for submersible lights to the center monument. Previously approved Contract Amount $567,220.50 This Cost Increase $ 94,589.75 Total $661,810.25 1 certify that this increase is fair and equitable for the work involved and respectfully request that your Honorable Body approve the subject change order and authorize the Commissioner of Public Works. Parks and Streets to issue said increase for $ 94,589.75 Funds for this project will be available in account # 364001 16- 445100, an account to be named at a later date. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets dated October 9, 2013, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to execute Change Order #1 in the amount of $94,589.75 (Original Contract Amount $567,220..50 + Change Order #1 $94,58975 for a Revised Contract Amount of $661,810.25 —vfor splash pad improvements at various park facilities, to Titan Development, C #93000971. Funds for this work are available in Account #36400116- 445100, and an account to be named at a later date. PASSED on 331 Grote, Buffalo, NY Alternate #1: Glass Replacement Alternate #2: Removal and Replacement of Sidewalks Alternate #3: Interior Painting Alternate #4: Ceramic Tile Alternate #5: Acoustic Ceiling Tile ' Nichter Associates has withdrawn their bid. Nichter Associates has certified that their base bid was inadvertently transposed at the time of the bid. It should have read $867,000.00 instead of $687,000.00. Plumbinq Construction Base Bid Numarco Inc. $ 79,000 1021 Maple, Elma, NY MKS Plumbing $ 82,571 19 Ransier, W. Seneca, NY Ando Plumbing $138,429 4534 Clinton, Buffalo, NY Electrical Construction Base Bid Goodwin Electric $ 28,500 207 S. Youngs, Williamsville, NY Frey Electric 100 Pearce, Buffalo, NY I hereby certify that the foregoing is a true and correct statement of all bids received and that the foregoing is a true and correct statement of all bids received and that the following are the lowest responsible bidders in accordance with the plans and specifications: General Construction: Hadala Construction in the amount of Nine Hundred Fifty One Thousand Five Hundred Dollars and 00/100 - $951,500.00 ($865,000.00 - Base Bid + $86,500.00 + 10% contingency = 4b $951,500.00 - Total Contract Amount. Plumbing Construction: Numarco Inc. in the amount of Eighty Six Thousand Dollars and 00/100 - $86,900.00 ($79,900.00 - Base Bid + $7,900.00 + 10% contingency - $86,900.00 - Total Contract Amount. Electrical Construction: Goodwin Electric in the amount of Thirty One Thousand Three Hundred Fifty Dollars and 00/100 - $31,350.00 ($28,500.00 - Base Bid + $2,850.00 + 10% contingency = $31,350.00 -Total Contract Amount. I recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to order the work on the basis of the low bid. Funding for this project is available in CH9R2017 470000 - 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 October 8, 2013, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of ]Public Works, Parks and Streets to enter into an agreement for the JFK Community Center Rehabilitation Project with the following: Hadala Construction in the amount of $951,500.00 ($850,000.00 Base Bid + 10% contingency for a Total Contract Amount of $951,500.00) for General Construction; Numarco Inc. in the amount of $86,900.00 ($79,900.00 Base Bid + 10% Contingency for a Total Contract Amount of $86,900.00) for Plumbing Construction; and Goodwin Electric in the amount of $31,350.00 ($28,500.00 Base Bid + $2,850.00 + 10% Contingency for a Total Contract Amount of $31,350.00) for Electrical Construction. Funding for this project is available in Account #CH9R2017 4700000 - Buildings. PASSED AYES -9 NOES -0 NO. 19 REPORT OF BIDS MATT URBAN COMMUNITY CENTER REHABILITATION PROJECT CDBG FUNDED YEAR 38 - 10204 1 advertised for on September 17, 2013 and received the following formal sealed bids for the Matt Urban Community Center, Rehabilitation Project #38- 10204, which were publicly opened and read on October 8, 2013. General Construction Base Bid Alt #1 Alt #2 Nichter Associates $84,400 $31,000 $41,000 3435 Harlem, Buffalo, NY Miller Enterprises $87,000 $16,000 $18,000 12 Newfield, Buffalo, NY 'Savarino Construction $94,638 $5,000 331 Grote, Buffalo, NY Alternate #1: Exterior Concrete Alternate #2: Ramp Stairs 'Savarino was deemed non - responsive due to lack of EEO statements and incomplete proposal forms. I hereby certify that the foregoing is a true and correct statement of all bids received and that Miller Associates, with a Base Bid of $87,000.00, add Alternate #1 for $16,000.00, add Alternate #2 for $18,000.00, plus 10% contingency for $12,100.00, for a total contract total of One Hundred Thirty Three Thousand One Hundred Dollars and 00/100 ($133,100.00) is the lowest responsible bidder in accordance with the plans and specifications: I recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to order the work on the basis of the low bid. Funding for this project is available in CH9M2047 470000 - Buildings. NO. 18 REPORT OF BIDS JFK COMMUNITY CENTER REHABILITATION PROJECT CDBG FUNDED YEAR 38 - 14201 1 advertised for on September 17, 2013 and received the following formal sealed bids for the JFK Community Center, Rehabilitation Project, which were publicly opened and read on October 8, 2013. General Construction Base Bid Alt #1 Alt #2 Alt #3 Alt #4 Alt #5 ' Nichter Associates $687,000 $50,000 $158,000 $22,000 $5,600 $5,000 30 Wildwood Dr., LancasterNY Hadala Constructi $865,000 $19,000 $207,000 $27,000 $6,500 $7,000 on 331 Grote, Buffalo, NY Alternate #1: Glass Replacement Alternate #2: Removal and Replacement of Sidewalks Alternate #3: Interior Painting Alternate #4: Ceramic Tile Alternate #5: Acoustic Ceiling Tile ' Nichter Associates has withdrawn their bid. Nichter Associates has certified that their base bid was inadvertently transposed at the time of the bid. It should have read $867,000.00 instead of $687,000.00. Plumbinq Construction Base Bid Numarco Inc. $ 79,000 1021 Maple, Elma, NY MKS Plumbing $ 82,571 19 Ransier, W. Seneca, NY Ando Plumbing $138,429 4534 Clinton, Buffalo, NY Electrical Construction Base Bid Goodwin Electric $ 28,500 207 S. Youngs, Williamsville, NY Frey Electric 100 Pearce, Buffalo, NY I hereby certify that the foregoing is a true and correct statement of all bids received and that the foregoing is a true and correct statement of all bids received and that the following are the lowest responsible bidders in accordance with the plans and specifications: General Construction: Hadala Construction in the amount of Nine Hundred Fifty One Thousand Five Hundred Dollars and 00/100 - $951,500.00 ($865,000.00 - Base Bid + $86,500.00 + 10% contingency = 4b $951,500.00 - Total Contract Amount. Plumbing Construction: Numarco Inc. in the amount of Eighty Six Thousand Dollars and 00/100 - $86,900.00 ($79,900.00 - Base Bid + $7,900.00 + 10% contingency - $86,900.00 - Total Contract Amount. Electrical Construction: Goodwin Electric in the amount of Thirty One Thousand Three Hundred Fifty Dollars and 00/100 - $31,350.00 ($28,500.00 - Base Bid + $2,850.00 + 10% contingency = $31,350.00 -Total Contract Amount. I recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to order the work on the basis of the low bid. Funding for this project is available in CH9R2017 470000 - 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 October 8, 2013, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of ]Public Works, Parks and Streets to enter into an agreement for the JFK Community Center Rehabilitation Project with the following: Hadala Construction in the amount of $951,500.00 ($850,000.00 Base Bid + 10% contingency for a Total Contract Amount of $951,500.00) for General Construction; Numarco Inc. in the amount of $86,900.00 ($79,900.00 Base Bid + 10% Contingency for a Total Contract Amount of $86,900.00) for Plumbing Construction; and Goodwin Electric in the amount of $31,350.00 ($28,500.00 Base Bid + $2,850.00 + 10% Contingency for a Total Contract Amount of $31,350.00) for Electrical Construction. Funding for this project is available in Account #CH9R2017 4700000 - Buildings. PASSED AYES -9 NOES -0 NO. 19 REPORT OF BIDS MATT URBAN COMMUNITY CENTER REHABILITATION PROJECT CDBG FUNDED YEAR 38 - 10204 1 advertised for on September 17, 2013 and received the following formal sealed bids for the Matt Urban Community Center, Rehabilitation Project #38- 10204, which were publicly opened and read on October 8, 2013. General Construction Base Bid Alt #1 Alt #2 Nichter Associates $84,400 $31,000 $41,000 3435 Harlem, Buffalo, NY Miller Enterprises $87,000 $16,000 $18,000 12 Newfield, Buffalo, NY 'Savarino Construction $94,638 $5,000 331 Grote, Buffalo, NY Alternate #1: Exterior Concrete Alternate #2: Ramp Stairs 'Savarino was deemed non - responsive due to lack of EEO statements and incomplete proposal forms. I hereby certify that the foregoing is a true and correct statement of all bids received and that Miller Associates, with a Base Bid of $87,000.00, add Alternate #1 for $16,000.00, add Alternate #2 for $18,000.00, plus 10% contingency for $12,100.00, for a total contract total of One Hundred Thirty Three Thousand One Hundred Dollars and 00/100 ($133,100.00) is the lowest responsible bidder in accordance with the plans and specifications: I recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to order the work on the basis of the low bid. Funding for this project is available in CH9M2047 470000 - Buildings. SJS/PJM /JCS /JFIFGIj j cc: Comptroller's Office 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 October 9, 2013, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to enter into an agreement for the Matt Urban Community Center Rehabilitation Project with Miller Enterprises in the amount of $133,100.00 ($87,000.00 Base Bid + Alt #1 $16,000.00 +Alt #2 $18,000.00 + 10% contingency $12,100.00 for a Total Contract Amount of $133,100.00). Funding for this project is available in Account #CH9M2047 470000 - Buildings. PASSED AYES -9 NOES -0 NO. 20 NORTH BUFFALO COMMUNITY CENTER REHABILITATION PROJECT CDBG FUNDED YEAR 38- 11201 1 advertised for on September 17, 2013 and received the following formal sealed bids for the North Buffalo Community Center, Rehabilitation Project #38- 11201, which were publicly opened and read on October 8, 2013. General Construction Base Bid Alt #1 Miller Enterprises $134,700 $28,000 12 Newfield, Buffalo, NY Hadala Construction $146,000 $30,000 331 Grote, Buffalo, NY Nichter Associates $165,000 $25,000 3435 Harlem, Buffalo, NY Alternate #1: Additional Flooring Replacement I hereby certify that the foregoing is a true and correct statement of all bids received and that Miller Enterprises, with a Base Bid of $134,700.00, add Alternate #1 for $28,000.00, plus 10% contingency for $16,270.00, for a total contract total of One Hundred Seventy Eight Thousand Nine Hundred Seventy Dollars and 00/100 ($178,970.00) is the lowest responsible bidder in accordance with the plans and specifications: I recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to order the work on the basis of the low bid. Funding for this project is available in CH91\12017 470000 - 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 October 9, 2013, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to enter into an agreement for the North Buffalo Community Center Rehabilitation Project with Miller Enterprises in the amount of $178,970.00 ($134,700.00 Base Bid + Alt #1 $28,000.00 + 10% contingency $16,270.00 for a Total Contract Amount of $178,970.00). Funding for this project is available in Account #CH9N2017 470000 - Buildings. PASSED AYES -9 NOES -0 NO. 21 REPORT OF BIDS NORTH WEST BUFFALO COMMUNITY CENTER REHABILITATION PROJECT CDBG FUNDED YEAR 38 - 07203 1 advertised for on September 17, 2013 and received the following formal sealed bids for the North West Community Center, Rehabilitation Project, which were publicly opened and read on October 8, 2013. General Construction Base Bid Alt #1 Alt #2 Alt #3A Alt #3B Alt #4 Morris Masonry $142,635 $59,325 $54,900 $10,695 $10,490 $48,700 441 Bailey, Buffalo, NY Highland Masonry $162,500 $67,293 $70,400 $12,900 $12,700 $43,500 33 Ransier, Buffalo, NY Alternate #1: Courtyard Repointing East Wall Alternate #2: Courtyard Repointing South Wall Alternate #3A: Wash and Water Repellant Base Bid Walls Alternate #3B: Wash and Water Repellant Alt Bid Walls Alternate #4: Cut and Caulk Windows I hereby certify that the foregoing is a true and correct statement of all bids received and that Morris Masonry, with a Base Bid of $142,635.00, add Alternate #1 for $59,325.00, add Alternate #3A for $10,655.00, plus 10% contingency for $21,261.50 for a total contract total of Two Hundred Thirty Three Thousand Eight Hundred Seventy Six Dollars and 50/100 ($233,876.50) is the lowest responsible bidder in accordance with the plans and specifications: I recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to order the work on the basis of the low bid. Funding for this project is available in CH9J2037 470000 - 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 October 9, 2013, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to enter into an agreement for the Northwest Buffalo Community Center Rehabilitation Project with Morris Masonry in the amount of $233,876.50 ($142,635.00 Base Bid +Alt #1 $59,325.00 + Alt #3A $10,655.00 + 10% contingency $21,261.50 for a Total Contract Amount of $233,876.50). Funding for this project is available in Account #CH9J2037 470000 - Buildings. PASSED AYES -9 NOES -0 NO. 22 REPORT OF BIDS POLONIA HALL COMMUNITY CENTER Ando Plumbing $121,006 4534 Clinton, Buffalo, NY Electrical Construction Base Bid Goodwin Electric $ 16,000 207 S. Youngs, Williamsville, NY Frey Electric No Bid 100 Pearce, Buffalo, NY .Mechanical Construction Base Bid No Bids I hereby certify that the foregoing is a true and correct statement of all bids received and that the foregoing is a true and correct statement of all bids received and that the following are the lowest responsible bidders in accordance with the plans and specifications: General Construction: Miller Enterprises in the amount of Two Hundred Sixty Seven Thousand Three Hundred Dollars and 00/100 - $267,300.00 ($197,000.00 - Base Bid + $17,000.00 - Alternate #1 + $12,000.00 - Alternate #2 + $17,000.00 - Alternate #3 + $24,300.00 + 10% contingency = $267,300.00 -Total Contract Amount. Plumbing Construction: Numarco in the amount of Eighty Four Thousand Seven Hundred Dollars and 00/100 - $84,700.00 ($77,000.00 - Base Bid + $7,700.00 + 10% contingency = $84,700.00 -Total Contract Amount. Electrical Construction: Goodwin Electric in the amount of Seventeen Thousand Six Hundred Dollars and 00/100 - $17,600.00 ($16,000.00 - Base Bid + $1,600.00 + 10% contingency = $17,600.00 -Total Contract Amount. I recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to order the work on the basis of the low bid. Funding for this project is available in 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 October 9, 2013, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to enter into an agreement for the Polonia Hall Community Center Rehabilitation Project with the following: Miller Enterprises in the amount of $267,300.00 ($17,000.00 Base Bid + Alt #1 $12,000.00 + Alt #2 $17,000.00 + Alt #3 $24,300.00 + 10% contingency for a Total Contract Amount of $267,300.00) for General Construction; Numarco in the amount of $84,700.00 ($77,000.00 Base Bid + 10% Contingency for a Total Contract Amount of $84,700.00) for Plumbing Construction; and Goodwin Electric in the amount of $17,600.00 ($16,000.00 Base Bid + $1,600.00 + 10% Contingency for a Total Contract Amount of $17,600.00) for Electrical Construction. Funding for this project is available in Account #CH9M2057 470000 - Buildings. PASSED AYES -9 NOES -0 NO. 23 REHABILITATION PROJECT REPORT OF BIDS TJ DULSKI COMMUNITY CENTER CDBG FUNDED CDBG FUNDED YEAR 38 - 10206 YEAR 38 - 10205 2013 and received the following formal sealed bids for the TJ Dulski Community Center, Rehabilitation Project 1 advertised for on September 17, 2013 and received the following formal sealed bids for the Polonia Hall Community Center, Rehabilitation Project, which were publicly opened and read on October 8, 2013. Base Bid Alt #1 Alt #2 Alt #3 Miller Enterprises $137,000 $ 3,000 $14,000 $37,000 General Construction Base Bid Alt #1 Alt #2 Alt #3 Miller Enterprises $197,000 $17,000 $12,000 $17,000 12 Newfield, Buffalo, NY Nichter Associates $224,400 $18,000 $8,800 $9,000 30 Wildwood Dr, Lancaster, NY Savarino Construction $228,000 $15,000 $6,000 $8,000 26 Mississippi, Buffalo, NY Hadala Construction $274,000 $15,000 $13,000 $22,000 331 Grote, Buffalo, NY Alternate #1 : Exterior Cleaning Alternate #2: Window Replacement Alternate #3: VCT Flooring Replacement Plumbing Construction Base Bid Numarco Inc $ 77,000 1021 Maple, Elma, NY MKS Plumbing $ 97,000 19 Ransier, W. Seneca NY Ando Plumbing $121,006 4534 Clinton, Buffalo, NY Electrical Construction Base Bid Goodwin Electric $ 16,000 207 S. Youngs, Williamsville, NY Frey Electric No Bid 100 Pearce, Buffalo, NY .Mechanical Construction Base Bid No Bids I hereby certify that the foregoing is a true and correct statement of all bids received and that the foregoing is a true and correct statement of all bids received and that the following are the lowest responsible bidders in accordance with the plans and specifications: General Construction: Miller Enterprises in the amount of Two Hundred Sixty Seven Thousand Three Hundred Dollars and 00/100 - $267,300.00 ($197,000.00 - Base Bid + $17,000.00 - Alternate #1 + $12,000.00 - Alternate #2 + $17,000.00 - Alternate #3 + $24,300.00 + 10% contingency = $267,300.00 -Total Contract Amount. Plumbing Construction: Numarco in the amount of Eighty Four Thousand Seven Hundred Dollars and 00/100 - $84,700.00 ($77,000.00 - Base Bid + $7,700.00 + 10% contingency = $84,700.00 -Total Contract Amount. Electrical Construction: Goodwin Electric in the amount of Seventeen Thousand Six Hundred Dollars and 00/100 - $17,600.00 ($16,000.00 - Base Bid + $1,600.00 + 10% contingency = $17,600.00 -Total Contract Amount. I recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to order the work on the basis of the low bid. Funding for this project is available in 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 October 9, 2013, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to enter into an agreement for the Polonia Hall Community Center Rehabilitation Project with the following: Miller Enterprises in the amount of $267,300.00 ($17,000.00 Base Bid + Alt #1 $12,000.00 + Alt #2 $17,000.00 + Alt #3 $24,300.00 + 10% contingency for a Total Contract Amount of $267,300.00) for General Construction; Numarco in the amount of $84,700.00 ($77,000.00 Base Bid + 10% Contingency for a Total Contract Amount of $84,700.00) for Plumbing Construction; and Goodwin Electric in the amount of $17,600.00 ($16,000.00 Base Bid + $1,600.00 + 10% Contingency for a Total Contract Amount of $17,600.00) for Electrical Construction. Funding for this project is available in Account #CH9M2057 470000 - Buildings. PASSED AYES -9 NOES -0 NO. 23 REPORT OF BIDS TJ DULSKI COMMUNITY CENTER REHABILITATION PROJECT CDBG FUNDED YEAR 38 - 10206 1 advertised for on September 17, 2013 and received the following formal sealed bids for the TJ Dulski Community Center, Rehabilitation Project #38- 10206, which were publicly opened and read on October 8, 2013. General Construction Base Bid Alt #1 Alt #2 Alt #3 Miller Enterprises $137,000 $ 3,000 $14,000 $37,000 12 Newfield, Buffalo, NY Hadala Construction $177,000 $5,200 $8,800 $3,300 331 Grote, Buffalo, NY Nichter Associates $207,000 $15,000 $14,000 - - - - - -- 3435 Harlem, Buffalo, NY Alternate #I: Infill Attic Alternate #2: EPDM Membrane to Boiler Vault Alternate #3: Exterior Repairs I hereby certify that the foregoing is a true and correct statement of all bids received and that Miller Enterprises, with a Base Bid of $137,000.00, add Alternate #1 for $3,000.00, add Alternate #2 for 14,000.00, add Alternate #3 for $37,000.00, plus 10% contingency for $19,100.00, for a total contract total of Two Hundred Ten Thousand One Hundred Dollars and 00/100 ($210,100.00) is the lowest responsible bidder in accordance with the plans and specifications: I recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to order the work on the basis of the low bid. Funding for this project is available in CH9M2067 470000 - 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 October 9, 2013, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to enter into an agreement for the TJ Dulski Community Center Rehabilitation Project with Miller Enterprises in the amount of $210,100.00 ($137,000.00 Base Bid + Alt #1 $3,000.00 +Alt #2 $14,000.00 + Alt #3 $37,000.00 + $19,000.00 10% contingency for a Total Contract Amount of $210,100.00). Funding for this project is available in Account #CH9M2067 470000 - Buildings. PASSED AYES -9 NOES -0 FROM THE COMMISSIONER OF FIRE NO. 24 PERMISSION TO ENTER INTO A CONTRACT WITH [:PULSE OCCUPATIONAL MEDICINE FOR [:BUFFALO FIREFIGHTERS ANNUAL PHYSICALS Please be advised that the Buffalo Fire Department respectfully requests permission to enter into a contract with Pulse Occupational Medicine at a cost not to exceed $300,000.00 for the performance of annual Firefighter physicals as required under NFPA 1582, Annual Fitness Evaluations. The funds will come from our medical account for physicals #12132006 432002. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Buffalo Fire Department, dated October 2, 2013, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Buffalo Fire Department to enter into a contract with Pulse Occupational Medicine for the performance of annual firefighter physicals as required under NFPA 1582, Annual Fitness Evaluationsl Funds for this contract area available in Medical Account for Physicals Account #12132006 432002. PASSED AYES -9 NOES -0 NO. 25 APPOINT LIEUTENANT(PERM)(HARTMAN) Appointment effective 09/13/2013 in the Department of Fire, Division of Fire to the Position of Lieutenant, Permanent at the minimum salary of $69,201.00 Stephen Hartman, 2761 Christopher Blvd, Hamburg, NY 14075 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE CORPORATION COUNSEL NO. 26 SEQR LEAD AGENCY COORDINATION REQUEST FOR INFORMATION BATTAGLIA TRANSFER STATION 1037 -1055 SENECA STREET Dear Mr. Denk: In reply to your letter of February 7, 1013, please be advised that the following bodies and officers of the City of Buffalo exercise discretionary authority, pursuant to Buffalo City Code Chapter 263, Article VI, in the grant of licenses required for this action: Buffalo Planning Board (Buffalo City Code §263 -29. Buffalo Common Council (Buffalo City Code §263 -29) Buffalo Commissioner of Public Works (Buffalo City Code § §263 -32 and 263 -33). Please be advised that the Buffalo Common Council, by resolution adopted March 5, 2013 seeks lead agency designation in this matter. Very truly yours, REFERRED TO THE COMMITTEE ON LEGISLATION. FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT & INSPECTION SERVICES NO. 27 MOBILE FOOD TRUCK -160 DELAWARE AVE NEW APPLICATION Pursuant to Chapter 316 Article IX of the City of Buffalo Ordinances, please be advised that I have caused art investigation into the food truck at 160 Delaware Ave for which said application for a Mobile Food Truck license is being sought by Falynn Koch @ Fally Mac and according to the attached reports from the Fire Department and Police record check I Fred it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Department of Permit and Inspection Services, dated October 4, 2013, be received and filed; and That pursuant to Chapter 316, Article IX of the City of Buffalo Ordinances, the Commissioner of the Department of Economic Development Permit and Inspection Services be, and be hereby is authorized to grant a Mobile Food Truck License to Falyrm Koch of 160 Delaware Avenue, Buffalo, New York 14202, d /b /a Fally Mac is hereby approved. PASSED AYES -9 NOES -0 FROM THE COMMISSIONER OF COMMUNITY SERVICES & RECREATIONAL PROGRAMMING NO. 28 CITY OF BUFFALO GIRLS CIRCLE PROGRAM -GRANT ACCEPTANCE OF GRANT AND INTERFUND CASH LOAN The Department of Community Services, Division for Youth has been awarded a grant from the New York State Department of Criminal Justices Services to fund the City of Buffalo Girls Circle Program, totaling $11,372.00 An interfund cash loan is to be made in the maximum amount of $11,372.00 as needed subject to your approval and receipt of signed grant document. Loan is payable at date of reimbursement. Mr. Smith moved: That the above item be, and the above communication from the Deputy Commissioner of the Department of Community Services and Recreation, dated September 24, 2013, be received and filed; and That the Common Council hereby approves an interfund cash loan in the amount of $11,372.00 for a grant from the New York State Department of Criminal Justice Services to fund the City of Buffalo Girls Circle Program. The loan is payable at the date of reimbursement. PASSED AYES 9, NOES 0 FROM THE CITY CLERK NO. 29 APPLICATION FOR RESTRICTED USE PERMIT DOWNTOWN ENTERTAINMENT REVIEW DISTRICT 75 W. CHIPPEWA (10/18/2013) 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 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 November 8, 2013 is approved subject to the approval of the Department of Police. PASSED AYES 9, NOES 0 NO. 30 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 1063 -1065 Grant St The Showplace Theater Event Ctr 1065 JB of Bflo Inc 1456 Hertel Ave La Tavola Trattoria Barlandwood Inc. RECEIVED AND FILED NO. 31 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- Lori Willoughby, Adam Wigdorski RECEIVED AND FILED. NO. 32 NOTICES OF APPOINTMENTS - COUNCIL INTERNS I transmit herewith appointments to the position of Council Intern. Mr. Fontana moved the approval of the appointments to the position of Council Intern. ADOPTED. CERTIFICATE OF APPOINTMENT Appointment Effective October 8, 2013 in the Department of Common Council Division of Fillmore Council District to the Position of Intern VI Unclassified Non - Competitive Flat Starting Salary of $10.00 per hour Tivona Renoni, 312 Normal Avenue, Buffalo 14213 NO. 33 NOTICES OF APPOINTMENTS - COUNCIL INTERNS I transmit herewith appointments to the position of Council Intern. Mr. Fontana moved the approval of the appointments to the position of Council Intern. ADOPTED. CERTIFICATE OF APPOINTMENT Appointment Effective October 15, 2013 in the Department of Common Council Division of South Council District to the Position of Intern VIII Unclassified Non - Competitive Flat Starting Salary of $15.00 per hour Matthew Comerford, 435 Eden Street, Buffalo 14220 NO. 34 NOTICES OF APPOINTMENTS — SEASONAL /FLAT I transmit herewith certificates received by me, reporting seasonal and flat salary appointment made in various departments. RECEIVED AND FILED CERTIFICATE OF APPOINTMENT Appointment Effective September 30, 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 per hour Teela Gajewski, 223 Ashley St. Buffalo 14212 NO. 35 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 October 21, 2013 in the Department of Police Division of Administration and Communication to the Position of Cell Block Attendant Permanent Appointment Minimum Starting Salary of $23,130. Shana D. Carrington, 72E Jasper Parrish Dr, Buffalo 14207 Carlicia R. Williams, 62 Harriet Avenue, Buffalo 14215 Steven A. Minotti, 435 Goethe Street, Buffalo 14212 Angel L. Fellciano, 25 Shoshone Street, Buffalo 14214 Carolyn Paradiso, 294 Bedford Avenue, Buffalo 14216 Matthew J. Jaskula, 53 Susan Lane, Buffalo 14220 NON - OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON - OFFICIAL COMMUNICATIONS NO. 36 J. BOGLIOLI- REQUEST TO RENAME THE FORMER DONOVAN OFFICE BLDG. TO "ONE CANALSIDE" 125 MAIN ST Dear Councilman Franczyk: Please accept this letter as our request to rename the former New York State Donovan Office building "One Canalside." The official address for this building is 125 Main Street. Buffalo, New York. As you are aware, the redevelopment of this building represents the first private investment in the redevelopment and transformation of Canalside. In 2005, the building was vacated and remained vacant and not utilized until the start of this project - a vacancy that lasted more than six years. The building is presently undergoing a renovation which will transform it into a modern day, LEED certified, first class mixed use building Under the plan, one of the area's most prestigious law firms, Phillips Lytle, will occupy approximately 85,000 s.f. of the building (floors five through eight). In addition, a Courtyard by Marriot will occupy portions of the first floor along with all of floors two through four. Active uses that engage pedestrians are proposed for the remainder of the first floor, such uses may include retail stores, retail service establishments, food and beverage establishments and /or other hospitality uses. We respectfully request that the City Council grant approval to rename the building to "One Canalside." We believe the name is appropriate based on the fact that this project represents the first private investment in the Canalside project. The building has undergone a stunning transformation and represents the future of Canalside and the City. Should you require any additional information or wish to discuss this matter, please do not hesitate to contact me either at (716)878 -9626 or by e-mail at JamesBoglioli @Benderson.com. Thank you, Benderson Development Company, LLC REFERRED TO THE COMMITTEE ON LEGISLATION NO. 37 R. FONTANA -C. MUELLER -INFO TIME WARNER CABLE - DIGITAL TO ANALOG Dear Councilman Pridgen and Council President Fontana: Thank you for the opportunity to explain to the Legislation Committee and members of the public who attended its meeting on September 10, 2013 the recent move of the PEG access channels from digital to analog format on our cable system in the City of Buffalo. While the change does require some customers to obtain additional equipment in order to view these channels, the vast majority of our customers continue to receive these channels with their existing equipment as they did before the transition oft July 23, 2013. The direct result of this change is better signal quality on the PEG channels since digital channels provide superior video and sound to analog channels. This change also allows us to more efficiently use our bandwidth in order to offer more channels, interactive applications and faster Internet speeds in the future - improvements out" customers demand. As we mentioned at the meeting, the satellite TV companies' service is 100% digital and equipment is needed to view all of their channels. Verizon FIOS, which is offered in parts of New York, including some Buffalo suburbs, also offers their channels in an all- digital format. Time Warner Cable must move in this direction to stay competitive. Time Warner Cable's management has carefully considered your request that we make available the adapters at no cost permanently and not just until January 2, 2015 but will not agree to do so for the reasons explained below. The transition from analog to digital format is taking place in our systems across the country and we cannot reasonably make this equipment available without charge only in the City of Buffalo. Any agreement to do this in the City of Buffalo is effectively an agreement to do so everywhere. Like any business, we must recoup our costs in order to survive. Under Federal rate regulation, as established by the 1992 Cable Act, equipment costs - such as the cost of the adapters - are to be recouped in a separate charge distinct from the charge for service. Charging for the adapters is consistent with long- established practice. The cable industry has always used converters to allow customers with older television sets to receive signals delivered via newer technology. When many TVs were limited to the VHF channels (2 -13), for example, converters allowed those TVs to receive UHF channels, including those carrying PEG channels. That is the same situation as today when some customers with older TVs require the adapter to view channels delivered in digital format. Under Federal rate regulation, Time Warner Cable could have charged customers for the adapters as soon as they were provided. But in order to ease the transition and allow customers to plan for the charge or obtain a digital television set, we offered the opportunity to use the adapter without charge until January 1, 2015. In order to make sure that customers have the opportunity to take advantage of this offer, we are extending from September 23 to December 18, 2013 the date by which they must request the adapter in order to receive it for free for the limited period. We understand that change is never easy, but we believe that the digital transition is necessary to provide the best possible service to all our customers. Sincerely, Chris Mueller Director, Local Franchising - Northeast Time Warner Cable REFERRED TO THE COMMITTEE ON LEGISLATION NO. 38 D. FRANCZYK -T. DEE- SUPPORT RENAME DONOVAN BUILDING TO ONE CANALSIDE Dear Councilman David A. Franczyk, The Erie Canal Harbor Development Corporation ( ECHDC) is dedicated to the revitalization of Buffalo's waterfront with focused efforts to spur local economic development. As a way to carry out its vision, ECHDC adopted a Modified General Project Plan for the comprehensive redevelopment of the City of Buffalo's downtown district commonly known as "Canalside" in December of 2010. ECHDC's encompassing goal for Canalside is to enhance the area "in a visually appealing fashion that activates the space and creates an opportunity for mixed -use development." In July of 2011, ECHDC selected the proposal submitted by Benderson Development Company, in part, due to its congruency with the project plan. The Donovan Office Building renovation has become an integral part of that project through its planned creation of mixed -use development which opens up numerous future opportunities. Once completed, Benderson will have made a significant contribution to the Canalside Project with an additional 160,000 square feet of office, hotel and retail space along Buffalo's waterfront. With this new development, these operations will play a crucial role in bolstering Canalside's status as a major tourist attraction. The Donovan project will serve as a catalyst for additional investment, not only for the Canalside district by generating, fueling, and revitalizing additional economic growth in the fabric of downtown Buffalo. In respect to Benderson Development Company's substantial transformation of the Donovan Office Building, as well as their dedication to helping redevelop Canalside, ECHDC strongly supports renaming the building from the "Donovan Office Building" to "One Canalside". REFERRED TO THE COMMITTEE ON LEGISLATION NO. 39 J. GOLOMBEK -N. NEUMANFUTURE OF SCAJAQUADA EXPRESSWAY Dear Mr. Chwalinski, I ask that you file the attached email for discussion at the October 15, 2013 Common Council meeting. I thank you for your time and consideration on this matter. If you have any further questions, please feel free to contact me at 851 -5116. Sincerely, Joseph Golombek Jr. North District Council Member Tim - Below is the narrative setting out the intentions of the group that would like to present to the Community Development Committee. I assume the next opportunity to present would be at the Oct. 23rd meeting? Local community leaders would like to present on the future of the Scajaquada Expressway. Building momentum for over a decade, there is nearly universal consensus that the Scajaquada Expressway should be removed and replaced by slower -speed parkway -style thoroughfare with restored street connections to restore the parks, parkways, streets, and neighborhoods that made Buffalo great. This group understands that limited access highways create a number of harmful impacts on the urban transportation system and surrounding land uses and the location of this expressway is particularly dangerous, as it is incompatible with the Olmsted Park, Parkway, and surrounding neighborhoods, as well as the cultural and educational institutions along the corridor. All of these factors result in decreased quality of life and are reflected in decreased property values and underdeveloped nearby properties. NYSDOT is currently studying options for the future of the Expressway and, although they appear to embrace certain calming measures, what they are currently proposing would fall far short of the community's desires. Nate Neuman Urban Planner 716.400.2343 REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 40 C. HEIMILLER -SITE PLAN APPLICATION -447 KENMORE - BOTTLE REDEMPTION CENTER Site Plan Application No. SU- 10012013 Proposed Bottle Redemption Center (P -S Performance Standards or G -1 General Industrial Use) in a C- General Business Zone 447 Kenmore Avenue {SBL #79.29 -6- 23.10) Attached is a Special Use Permit and Site Plan Application Package for a proposed bottle redemption center and associated site improvements, at 447 Kenmore Avenue, Town of Tonawanda Please send any questions or comments regarding this matter to the attention of Larry Hoffman at 525 Belmont Avenue, Buffalo, NY 14223. Yours Truly, Carl R. Helmiller Supervising Code Enforcement Officer Town of Tonawanda Building Department REFERRED TO THE CITY PLANNING BOARD NO. 41 M. JASKULA -J. QUINN- OPTIONS REQ IMPROVEMENTS AT ECC CITY CAMPUS Good morning Councilmember Golombek, ECC Trustee Steve Boyd was recently elected Chairman of our Board of Trustees. He received your letter and resolution yesterday. We are prepared to discuss any /all options regarding improvements at our City Campus. I will organize such a meeting with you, at your convenience. Please have your staff contact me directly at 851 - 1200, to make arrangements. Thank you very much for your interest in ECC. We look forward to our future discussions. Respectfully, Jack Quinn President Erie Community College REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 42 D. PRIDGEN- BOTTOMS UP CO- MINGLING EVALUATION I would like to file the attached information for the next Common Council meeting to be held on October 15, 2013. Thank You, Darius G. Pridgen Ellicott District Council Member RECEIVED AND FILED NO. 43 V. SHAW- REQUEST TO PURCHASE REFURBISHED COMPTER Dear Honorable Body, I would like to purchase a refurbished computer from the City of Buffalo. With this in mind, I am requesting the following system at the price of $30.00. MID ID #5185 City Audit Tag #055600 SN# BFX- 8CE121 Thank you for your consideration on this matter. Sincerely yours, Vernee Shaw 716 - 851 -9668 Mr. Smith moved: That the above item be, and the same hereby is, returned to the Common Council with a recommendation for approval; That the Common Council hereby approves the request from Vernee Shaw to purchase a refurbished computer from the Division of Management Information Systems, serial number BFX- 8CE121, for $30.00. PASSED AYES 9, NOES 0 PETITIONS NO. 44 B. BURRI AGENT, REZONE 422,424 AND 426 DINGENS STREET FROM A R -2 RESIDENTIAL DWELLING DISTRICT TO A C -2 COMMUNITY BUSINESS DISTRICT (HRG 10/29/2013)(LOV) REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE ZONING BOARD OF APPEALS NO. 46 Y. GEBRE, OWNER, USE 3355 BAILEY AVE FOR A RESTAURANT IN THE KENSINGTON SPECIAL ZONING DISTRICT(HRG, 10 /22)(UNIV) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 46 D. PRIDGEN -J. BURT & O- CLOSING OF CITIZENS BANK IN TOPS ON JEFFERSON IN BUFFALO I would like to file the attached information for the next Common Council meeting to be held on October 15, 2013. Thank you Darius G. Pridgen Ellicott District Council Member Date: 9 -3.12 To: Regional Director Citizen's Bank, Mayor Byron Brown, Darius Pridgen Council Member From: Vicki Baxter Re: Closing of Citizen's Bank in Tops on Jefferson in Buffalo Number: 716 - 85%4360; 716 - 851 -6576; Messages: I am sending these petitions to you regarding the closing of the Citizen's bank in Buffalo. I am very disappointed in the lack of response and concern by our politicians regarding the citizens in the area that do not have the ability to utilize Citizen's banking, This is not good citizenship at all, The comments that I have heard personally from Dan Rideholm and the rumors in the community that allegedly have been stated by both Mayor Brown and Councilmember Pridgen regarding the closing is disheartening, i do realize that there are greater issues in the city of Buffalo, but to come in to the inner city and establish banks to then walk away without explanation conveys this population isn't important or worth receiving communication. After building a new home in the community and being made promises to revitalize the area. This is just another example of the needs of my community not being put first. If you have trouble receiving this fax or need any additional information please contact us at 716 - 885 -2318, Thank you very much, RECEIVED AND FILED REGULAR COMMITTEES CIVIL SERVICE (BONNIE E. RUSSELL, CHAIRPERSON) NO.47 APPOINT SUPERVISOR OF STREET SANITATION I(PROV)(SCOTT)(PW) CEP# 24, 10/01 MRS. RUSSELL MOVED That Communication 24 of October 1, 2013, be received and Filed and that the Provisional appointment of Thomas Scott, 475 Voorhees, Buffalo, NY 14216 at the Intermediate Salary of $37,826.00 is hereby approved PASSED AYES - 9 NOES- 0 NO.48 APPOINT BATTALION CHIEF(PERM)(ANGRISANO(FIRE) CCP# 27, 10/01 Mrs. Russell moved That Communication 27 of October 1, 2013, be received and Filed and that the Permanent appointment of Louis Angrisano, 25 Pfohl Terrace, Williamsville, NY 14221 at the minimum Salary of $83,913.00 is hereby approved PASSED AYES -9 NOES -0 NO.49 APPOINT ASSISTANT CORPORATION COUNSEL /MUNICIPAL ATTORNEY(PERM)(DUNCAN)(CC) CCP# 28, 10/01 Mrs. Russell moved: That the above item be the same and hereby is Received and Filed ADOPTED NO. 50 APPOINT SENIOR TYPIST(PERM)(3 STEP)(DRAFFIN)(EDPI) (CCP# 33, 10/01) Mrs. Russell moved That Communication 31 of October 1, 2013, be received and Filed and that the Permanent appointment of Ronald Draffin, 46 Durham Ave, Buffalo, NY 14215 at the Third Step of $33,844.00 is hereby approved PASSED AYES - 9 NOES -0 NO. 51 APPOINT SENIOR SPECIAL ASSISTANT(EXEMPT)(DEEB)(A &F) CCP# 34, 10/01 Mrs. Russell moved: That the above item be the same and hereby is Received and Filed ADOPTED NO. 52 APPOINT SPECIAL ASSISTANT TO THE COMM(EXEMPT)(JONES)(PKG) CCP# 35, 10/01 Mrs. Russell moved: That the above item be the same and hereby is Received and Filed ADOPTED NO. 53 NOTICES OF APPOINTMENTS - TEMP /PROV /PERM CCP# 44, 10/01 Mrs. Russell moved: That the above item be the same and hereby is Received and Filed ADOPTED FINANCE (CHRISTOPHER P, SCANLON, CHAIRMAN) NO. 54 BOND RESOLUTION - BUFFALO AND ERIE COUNTY HISTORICAL SOCIETY ELECTRICAL UPGRADE (ITEM NO. 8, C.C.P., OCT. 1, 2013) That the Comptroller is hereby authorized to issue General Improvement Bonds of the City of Buffalo to finance the cost of electrical system improvements at the Buffalo and Erie County Historic Society, at the estimated maximum cost of $530,000.00. PASSED AYES -9 NOES -0 NO. 55 REPORT OF SALE — 518 NORTHAMPTON (ELL)(STRAT PLAN) Mr. Golombek moved: That the above item be, and the same hereby is, returned to the Common Council with a recommendation for approval; That the offer from Mrs. Mignonette Walters and Mr. Kadeem Walters of 328 Lisbon Avenue, Buffalo, New York 14215, in the amount of Two Thousand Five Hundred Dollars ($2,500.00) for the purchase of 518 Northampton 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 COMMUNITY DEVELOPMENT (JOSEPH GOLOMBEK, JR., CHAIRMAN) NO. 56 RESPONSE TO SALE OF VACANT LOT - 184 BRINKMAN (LOV)(STRA PLAN) (ITEM NO. 8, C.C.P., OCT. 1, 2013) Mr. Golombek moved: That the above item be, and the same hereby is returned to the Common Council with a recommendation for approval; That the offer from Mrs. Rose Ann Woodson of 180 Brinkman Street, Buffalo, New York 14211, in the amount of Two Hundred Fifty Dollars ($250.00) for the purchase of 184 Brinkman, 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. 57 D. SMITH -B. LANKS- ARTICLE THE INCREDIBLE SHRINKING CITY (C.C.P #46, JAN 5) Mr. Golombek now moves that the above item be Received and Filed. ADOPTED LEGISLATION (DARIUS G. PRIDGEN, CHAIRMAN) NO. 58 L. STRUSKI, OWNER, TO USE 2115 SOUTH PARK TO REOPEN AN EXISTING TAVERN IN THE SOUTH PARK SPECIAL ZONING DISTRICT (SOUTH)(DPIS) (ITEM NO. 57, C.C.P., OCT. 1, 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- 68.2F(1), the Common Council hereby approves the application of L. Struski, Owner of 2115 South Park to reopen an existing tavern under new ownership in the South Park Special Zoning District. PASSED AYES 9, NOES 0 NO. 59 G. INGRANO, OWNER, TO USE 1669 HERTEL FOR A TAKE -OUT RESTAURANT IN THE HERTEL AVENUE SPECIAL ZONING DISTRICT (DEL)(DPIS) (ITEM NO. 58, C.C.P., OCT. 1, 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 the Common Council hereby approves the application of G. Ingrano, Owner, to change the use of a portion of a one story masonry mixed -use building from a bar and outdoor cafe to a take -out restaurant at 1669 Hertel Avenue in the Hertel Avenue Business District. PASSED AYES 9, NOES 0 NO. 60 S. AHMETI, OWNER, TO USE 1009 ELMWOOD TO OPERATE AN EXISTING RESTAURANT UNDER NEW OWNERSHIP IN THE ELMWOOD AVENUE SPECIAL ZONING DISTRICT (DEL)(DPIS) (ITEM NO. 59, C.C.P., OCT. 1, 2013) Mr. Pridgen moved: That the above item be, and the same hereby is, returned to the Common Council with a recommendation for approval; That the Common Council hereby approves the application of S. Amheti, Owner of 1009 Elmwood to operate an existing restaurant under new ownership in the Elmwood Avenue Special Zoning District. PASSED AYES 9, NOES 0 NO. 61 FOOD STORE(NEW) 1373 MAIN AKA 1381 (ELL)(EDPI) 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 Sameer AI -Fagih d /b /a Sammy's Metro Deli & Grocery located at 1373 Main a /k/a 1381 Main upon the following conditions. • Cannot sell "loosie" — i.e., single cigarettes, single diapers, or items packaged, etc. • Cannot open packages that are intended to be sold as a bundle, such as crackers, and sell single unmarked items. • Must have a minimum of two (2) working surveillance cameras. One camera should be located about the entrance facing inwards and the other should be on the outside of the entrance door outwards towards the street. All cameras should be able to record video and store owners are asked to have the capability of saving video for at least thirty (30) days. • Store interior and exterior should be kept clean at all times. Store fagade and landscape must be well maintained. • Must remove hand painted signage from front of store within thirty (30) days of license issuance /reissuance. • Garbage receptacle must be maintained on the outside of the store, and emptied frequently, never allowing garbage to overflow. • No amateur hand painted advertising on or around the building. No hand painted advertising of copyrighted items, such as malt liquor, New York State Lottery and other items without written permission of the agency holding the copyright. • No excessive empty boxes, packaging refuse and the like outside of the store in public view, except the time period allowed by City ordinance. PASSED AYES 9, NOES 0 NO. 62 K. NIGHTINGALE - BOTTOM'S UP COMINGLING (C.C.P #50, OCT 1) Mr. Pridgen now moves that the above item be Received and Filed. ADOPTED NO. 63 S. FITZMAURICE- ADDRESS CHANGE FOR ONE HSBC CENTER Mr. Pridgen now moves that the above item be Received and Filed. ADOPTED NO. 64 NOTICE OF INTENTION - REQUEST CHANGE OF MAILING ADDRESS OF ONE HSBC CENTER TO ONE SENECA TOWER (CTY CLERK) (ITEM NO. 70, 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 Common Council hereby approves changing the mailing address of One HSBC Center to One Seneca Tower. PASSED AYES 9, NOES 0 RESOLUTIONS NO. 65 BY: COUNCIL PRESIDENT FONTANA PENALTY FOR SLUM LANDLORD AT 1258 E. LOVEJOY ST Whereas: Slum and blight caused by the negligence of absentee landlords has become one of the most urgent problems facing the City of Buffalo; and Whereas: Predatory property owners aiming to minimize cost and maximize profits often do so by neglecting to adequately maintain properties per acceptable community standards set forth in the city of Buffalo Charter and Code; and Whereas: Some of most common results of property negligence include overgrown grass and weeds, accumulation of trash, junk, and rubbish, pest and rodent infestation, and structural deterioration of houses, which threatens to decrease the quality of life in many of Buffalo's neighborhoods; and Whereas: The property at 1258 E. Lovejoy St owned by AJ Medda Holding Company, LLC of Richmond Hill, NY is a prime example of one such neglected rental property; and Whereas: On no less than three occasions in 2013 the Lovejoy Councilmember has had to dispatch workers to blitz the property at 1258 E. Lovejoy St to cut waist -high grass and weeds, remove furniture and junk left behind by former tenants, and clean trash and debris; and Whereas: Despite written warnings from the office of the Lovejoy Councilmember, the owner of this property has continued his neglect and allowed the property to continuously degrade into derelict condition, necessitating repeated clean -up efforts from the City of Buffalo. Now, Therefore, Be It Resolved: That the Common Council hereby requests that the owner of the property of 1258 E. Lovejoy St be levied the maximum fees or penalties allowable for cutting and removal of high grass and weeds, cutting and removal of overgrown bushes and brush, and removal of heavy trash, litter, and debris. REFERRED TO THE COMMISSIONER OF ADMINISTRATION FINANCE POLICY AND URNAN AFFAIRS, ECONOMIC DEVELOPMENT. PERMITS AND INSPECTIONS AND THE CORPORATION COUNSEL NO. 66 BY: COUNCIL PRESIDENT FONTANA WAIVE FEES FOR EAIN'S ECHO Whereas: The Buffalo community was stricken with a great tragedy on Tuesday, September 17 when five - year -old Eain Clayton Brooks died as a result of severe child abuse; and Whereas: Young children such as Eain who rely upon their caregivers to protect them from harm cannot themselves reach out for help when these caregivers become abusers; and Whereas: It is important that members of the community be made aware of the warning signs of child abuse and the ways in which to report it, in the effort that this type of tragedy might be prevented from happening in the future; and Whereas: The family and friends of Eain Clayton Brooks will be organizing Eain's Echo, a walk to raise awareness of child abuse and to assist in the establishment of the Eain's Echo Foundation; and Whereas: The Eain's Echo walk will take place on Sunday, October 20 in Delaware Park from 12:00 to 3:00 pm; and Whereas: The Eain's Echo Foundation will have three main goals; to educate parents, children, and families about child abuse, to reach out to legislatures to review and improve child abuse laws, and to assist non - custodial parents and family members in reporting and seeking help in suspected instances of child abuse. Now, Therefore, Be It Resolved: The Common Council hereby requests a waiver of any and all permit and registration fees associated with the Eain's Echo walk. Be It Further Resolved: A copy of this resolution be forwarded to Ms. Kimberly Trent in the Office of Special Events and Ms. Arlene Mustafa in the DPW Division of Parks. PASSED AYES 9, NOES 0 NO. 67 SPONSOR: COUNCIL MEMBER DAVID A. FRANCZYK PERMISSION TO HANG BANNERS AT HOLY TRINITY CHURCH Date: October 15, 2013 Whereas: Banners and Flags are indicative of the strong organizational presence in our neighborhood and provide a visual and aesthetic design intended to display the cohesiveness of the community; and Whereas Holy Trinity Lutheran Church located at 1080 Main Street in Buffalo, New York will be celebrating its 135 anniversary (1879 -2014) on Main Street; and Whereas: Holy Trinity Lutheran Church is requesting permission to hang banners specifically located at 1080 Main Street in Buffalo, New York. Two banners will be located on Linwood Avenue and two banners will be located on Main Street in front of the church; and Whereas: The City of Buffalo Department of Public Works designed general guidelines for the placement of banners that include the necessary information to fully comply with the requirements established. Holy Trinity Lutheran Church has received a copy of these conditions provided by the above named Council Member that give a full understanding of the requirements to allow the placement of the requested banners; and Now, Therefore, Be It Resolved: That the requested banners meet the requirements of all appropriate City Departments and that no existing laws, rules, or regulations be violated, particularly those found in Charter and Code Sections 387 -15 or other pertinent sections thereof; and Be It Further Resolved: That the Common Council of the City of Buffalo does hereby grant permission to Holy Trinity Lutheran Church, to hang banners located at 1080 Main Street in Buffalo, New York, and that copies of this resolution be forwarded to the Department of Public Works, the Arts Commission, and Special Events to ensure the requested conditions are met prior to the installation of the request to hang the banners in the City of Buffalo. PASSED AYES 9. NOES 0 NO. 68 BY: MR. FRANCZYK, MR. GOLOMBEK, MR. FONTANA STEM ADVANCE OF BLUE -GREEN ALGAE ON LAKE ERIE WHEREAS: Large swaths of dangerous blue -green algae have infected many portions on the Western End of Lake Erie; and, WHEREAS: The ugly mass of blue -green algae is in fact a neurotoxic form of cyanobacteria that is created largely by agricultural and lawn fertilizers that poison the lake by injecting phosphorous into the water through run -off. It is also caused by sewage overflows; and, WHEREAS: Lake Erie is Buffalo's most precious natural asset, and an invasion of blue -green algae threatens our drinking water, waterfront parks, future beach developments and tourist industry; and, WHEREAS: The blue -green algae which is prevalent in the Ohio portion of Lake Erie has now been found only 90 miles away from Buffalo at Presque Isle Park in Erie, PA. Scientists from the National Wildlife Federation's Great Lakes office warn that it is only a matter of time before this contaminant, which can cause various serious illnesses to humans and animals, reaches Buffalo. Lake Chautauqua in Chautauqua County has also been infected with blue -green algae; and, WHEREAS: The American and Canadian International Joint Commission, charged with remedying threats to Lake Erie along the two borders, warns that without major changes Buffalo and the Eastern end of Lake Erie will suffer the water woes Cleveland, Toledo, Erie and other cities are currently undergoing along their waterfonts; and, WHEREAS: The blue -green algae encroachment could be one of the greatest threats to the revitalization of Buffalo's waterfront; NOW THEREFORE BE IT RESOLVED: That the Common Council invite the Public Works Department and Veolia Water to comment on the potential blue - green algae threat to our drinking water, as well as what, if any, strategies may be employed to upgrade our aging sewer system, admittedly an extremely expensive proposition; BE IT FURTHER RESOLVED: That the Common Council endorses the recommendations of the International Joint Commission, including: Banning applications of manure or other biosolid waste on frozen or snow - covered ground; Prohibiting the use of phosphorous fertilizer for lawn care; Reducing phosophorous runoff during the wet spring season; and, the strengthening of government regulations on farmers in the U.S. and Canada; BE IT FINALLY RESOLVED: That this resolution be forwarded to our local federal and state delegation as well as Erie, Chautauqua and Niagara County Executives and legislatures. ADOPT 1 ST RESOLVE THE REMAINDER REFERRED TO COMMUNITY DEVELOPMENT, VIOLIA, PUBLIC WORKS AND BSA BY: MR. FRANCZYK NO. 69 TRAILBLAZING SIGN REQUEST FOR DORIS AND CYRIL BOUQUARD Date: October 15, 2013 Whereas: Trailblazing signs, otherwise known as honorary street names, are generally assigned to honor and commemorate noteworthy persons associated with the City of Buffalo; and Whereas: Mary Doris Bouquard has been recognized for her significant contributions to the Old First Ward Community; and Whereas: Doris moved to the Old First Ward as a young bride with her husband Cyril and started a family. She still calls the first house she lived in on Vandalia Street home; and Whereas: The Bouquard's were active at Our Lady of Perpetual Help Parish and school for many years. After the school closed, Doris and her husband Cyril helped to start the Old First Ward Community Center in the old school building; and Whereas: The center offered roller- skating, ceramics, senior citizen activities, sports, transportation for the elderly and eventually a head Start Program. The Old First Ward Center served as a place to keep kids off the street and as a multi- function building; and Whereas: Doris and Cyril Bouquard both served on the board of the Old First Ward Center and often volunteered their time there wherever needed. This was not an easy task as they were raising ten children and running the family boat livery business; and Whereas: The Bouquard family home at 93 Vandalia Street was always open to all and often had many visitors. This was never more evident than during the Shamrock Run registration. Runners could come to the Bouquard home to pick up their Shamrock run t- shirts and other registration information; and Whereas: To pay tribute to Doris and Cyril Bouquard, the family has requested that this Honorable Body place a trailblazing marker up on O'Connell Avenue and Vandalia Street dedicating the comer as "Bouquard Family Way "; Now, Therefore be it Resolved: That the Common Council of the City of Buffalo does hereby approve the request to place a trailblazing marker on O'Connell Avenue and Vandalia Street in honor of the Bouquard family as "Bouquard Family Way "; and Be it Further Resolved: That the Department of Public Works is directed to erect these signs to this effect, once all fees associated with the posting of a Trailblazing Sign have been satisfied. PASSED AYES 9, NOES 0 BY: MR. FRANCZYK NO. 70 REQUEST TO DESIGNATE 25 MAIN STREET AS ONE CANALSIDE Date: October 15, 2013 Whereas: Benderson Development has requested that the primary address of the former Donovan Office building be changed from 125 Main Street to One Canalside; and Whereas: A letter from James A. Boglioli of Benderson Development Company, LLC requesting the designation has been filed; and Whereas: The redevelopment of this building represents the first private investment in the transformation of Canalside; and Whereas: In 2005, the building was vacated and remained empty for more than six years. The building is presently undergoing a renovation that will transform it into a modern, LEED certified, first class mixed use building; and Whereas: Phillips Lytle, one of the area's largest law firms, will occupy four floors of the building and a Courtyard by Marriot hotel will occupy portions of the first floor as well as the entire second, third and fourth floor. The remainder of the first floor will consist of a mix of retail uses; Now, Therefore Be It Resolved: That the City Clerk file a notice of intent and schedule a public hearing on the request by Benderson Development to designate "One Canalside" as the primary address and "125 Main Street" as an alternate address for the former Donovan Office building; and Now, Therefore Be It Resolved: That the Common Council of the City of Buffalo hereby approves the designation of the former Donovan Office building as "One Canalside" with an alternate address of "125 Main Street "; and Be It Further Resolved: That copies of this resolution be sent to the City Clerk, the Department of Public Works, Parks and Streets, the Corporation Counsel, the Police Department, the Fire Department and the United States Postal Service. ADOPT RESOLVES REFER REMAINDER TO THE COMMITTEE ON LEGISLATION NO. 71 BY: MR. GOLOMBEK PUBLIC FINANCING FOR CITY OF BUFFALO ELECTIONS Whereas: For Democracy to work citizens must believe that the political system is based on a fair and level playing field; and Whereas: Many citizens do not believe that their voices are being heard and that their concerns are being addressed by elected leaders; and Whereas: The declining rate of citizens voting in elections serves as proof that many people have lost faith in the democratic process and the belief that their vote matters; and Whereas: Without a doubt campaign contributions influence access to elected officials and the legislation they propose or pass; and Whereas: Elections should be about ideas for a better future and not about which candidate has the most money; and Whereas: Elections should provide citizens the opportunity to hear from a diverse range of candidates seeking their votes in competitive races; and Whereas: The biggest barrier for people interested in running for public office is money; and Whereas: Educating citizens about a candidate requires money for signs, mailings, radio and television; and Whereas: Incumbent elected officials have significant advantages in an election due to their name recognition, access to political parties, media, money and volunteers who are often in patronage positions; and Whereas: When incumbents don't have realistic competition, citizens lose the opportunity to have choices for their votes and the opportunity to hear new ideas; and Whereas: In 1988, New York City amended their City Charter and implemented public financing for all city elected offices: and Whereas: New York's public financing program is voluntary but 90 percent of city candidates typically agree to participate. In an effort to encourage smaller donations, New York City matches each dollar a resident gives, up to $175 per contributor, with $6 in public funds, for a maximum of $1,050 in public funds per contributor. Under New York's system a $20 contribution to a participating candidate is worth $140 - -the initial contribution plus $120 in matching funds. A $100 contribution turns into $700 for the candidate; and Whereas: As such, matching funds can turn small house parties into big - dollar fundraisers. That means candidates can build competitive campaigns with grassroots support even without access to wealthy donors or the support of special interest groups; and Whereas: A study by the Brerman Center for Justice and the Campaign Finance Institute confirmed the success of the city's program in bringing small donors into the mix; and Whereas: More than half of all New York City candidates in 2009 were seeking office for the first time. As candidates seek small donations, they encourage more New Yorkers to get involved in city elections. More than half of all contributors in the 2009 elections were donating for the first time. These first -time donors overwhelmingly made small contributions: More than 80 percent gave $175 or less; and Whereas: A dozen cities and counties around the nation have adopted public financing programs including Albuquerque, New Mexico; Portland, Oregon; Tucson, Arizona; Austin, Texas; Boulder, Colorado; Dade County, Florida; Long Beach, Los Angeles, Sacramento, and San Francisco, California; and Whereas: A coalition of organizations is seeking to implement a public financing system, similar to what is in place currently in New York City for state elected positions; and Whereas: The following organizations support implementing publicly financed elections at the state level: Citizen Action, Common Cause, League of Women Voters, NAACP, PUSH - Buffalo, Buffalo Teachers Federation, UAW Region 9, Working Families Party, the Coalition for Economic Justice, and Governor Andrew Cuomo; and Whereas: While efforts are being made to implement public financing of elections at the state level, the same can and should be done for City of Buffalo elections; and Whereas: According to research done by the Center For Reinventing Government, in the 2011 Buffalo Common Council elections, only four out of nine Councilmembers had a primary challenge, and not a single councilmember had a contest in the November general election on a major party line. The four incumbents who had challengers raised an average of $24,264, while their opponents raised an average of $1,117; and Now Therefore Be It Resolved That the Buffalo Common Council does hereby support implementing a public financing system for city elected positions, similar to what currently exists in New York City. Be It Further Resolved That this item is referred to an appropriate Committee of the Common Council for further discussion. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 72 SPONSOR: COUNCIL MEMBER MICHAEL J. LOCURTO PERMISSION TO HANG BANNERS ON ELMWOOD AVENUE BETWEEN ROCKWELL RD AND PENHURST PKWY Whereas: The Burchfield Penny Art Center at Buffalo State College will be opening a new outdoor image and audio gallery called "The Front Yard" on Friday, October 18 2023; and Whereas: The Front Yard is an outdoor permanent installation for electronic image and sound and will be transforming the Elmwood Avenue 38 -foot facade of the Center into a new media gallery open 24 hours a day, all year round, indefinitely; and Whereas: The sweeping curve of the Burchfield Penney's exterior will become a projection surface, creating the world's first permanent environmentally - responsive, outdoor audio and video environment; and Whereas: The Burchfield Penny Art Center is requesting permission to hang 4 pole banners to promote the installation's unveiling, which will be hung on the 4 light poles located between Rockwell Rd and Penhurst Parkway; and Whereas: The City of Buffalo Department of Public Works designed general guidelines for the placement of banners that include the necessary information to fully comply with the requirements established. The Burchfield Penny Art Center has received a copy of these conditions provided by the above named Council Member that give a full understanding of the requirements to allow the placement of the requested banners. Now, Therefore, Be It Resolved: That the requested banners meet the requirements of all appropriate City Departments and that no existing laws, rules, or regulations be violated, particularly those found in Charter and Code Sections 387 -15 or other pertinent sections thereof; and Be It Further Resolved: That the Common Council of the City of Buffalo does hereby grant permission to the Burchfield Penny Art Center to hang banners located on Elmwood Avenue between Rockwell Road and Penhurst Parkway, and that copies of this resolution be forwarded to the Department of Public Works, the Arts Commission, and Special Events to ensure the requested conditions are met prior to the installation of the request to hang the banners in the City of Buffalo. PASSED AYES 9, NOES 0 BY: DEMONE A SMITH NO. 73 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. James F. Chlebowy Francisco Guzman Rubie L. Hearn Geneva D. Johnson Total: 4 ADOPTED BY: DEMONE A SMITH NO. 74 APPOINTMENTS COMMISSIONER OF DEEDS That the following person(s) are hereby appointed as Commissioner of Deeds for the term ending December 31, 2014, conditional, upon the person so appointed certifying under oath to their qualifications and filing same with the City Clerk. Mary Sullivan TOTAL:1 ADOPTED (Public Disclaimer): All meetings are subject to change and cancellation by the respective Chairmen of Council Committees. In the event that there is sufficient time given for notification, it will be provided. In addition, there may be meeting set up whereby the City Clerk's Office is not made aware; therefore, unless we receive notice from the respective Chairmen, we can only make notification of what we are made aware. NO. 76 ADJOURNMENT On a motion by Mr. Smith, Seconded by Mrs. Russell, the Council adjourned at 2:52 PM GERALD A. CHWALINSKI CITY CLERK October 15, 2013 NO. 76 ANNOUNCEMENT OF COMMITTEE MEETINGS The following meetings are scheduled. All meetings are field in the Common Council Chambers, 13 floor City Hall, Buffalo, New York, unless otherwise noted. Regular Committees Committee on Civil Service Tuesday, Oct 22, 2013 at 9:45 o'clock A.M. Committee on Finance Tuesday, Oct 22, 2013 at 10:00 o'clock A.M. following Civil Service Committee on Comm. Dev. Tuesday, Oct 22, 2013 at 1:00 o'clock P.M. Committee on Legislation Tuesday, Oct 22, 2013 at 2:00 o'clock P.M. (Public Disclaimer): All meetings are subject to change and cancellation by the respective Chairmen of Council Committees. In the event that there is sufficient time given for notification, it will be provided. In addition, there may be meeting set up whereby the City Clerk's Office is not made aware; therefore, unless we receive notice from the respective Chairmen, we can only make notification of what we are made aware. NO. 76 ADJOURNMENT On a motion by Mr. Smith, Seconded by Mrs. Russell, the Council adjourned at 2:52 PM GERALD A. CHWALINSKI CITY CLERK October 15, 2013