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Home My WebLink About13-1210NO. 23 PROCEEDINGS OF THE CITY OF BUFFALO DECEMBER 10, 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 December 10, 2013 FINAL MAYOR MAYOR - EXECUTIVE 1. Arts Comm -Award of Art Conservation Contract APP 2. Strat Plan- Contract With Urban Marketing Collaborative - Planning Analysis Broadway Market APP 3. Strat Plan- Report of Sale -1984 & 1986 Bailey(Lov) APP 4. Strat Plan- Report of Sale -3074 Bailey(Mas) LEG 5. Strat Plan- Report of Sale -1168 Broadway(Fill) APP 6. Strat Plan- Report of Sale -448 Goodyear(Fill) APP 7. Strat Plan- Report of Sale -89 Guernsey(North) APP 8. Strat Plan- Report of Sale -13 Harriett(Univ) APP 9. Strat Plan- Report of Sale -64 Hayes(Lov) APP 10. Strat Plan- Report of Sale -71 & 73 Louisiana(Fill) APP 11. Strat Plan- Report of Sale -102 Montgomery(Fill) APP 12. Strat Plan- Report of Sale -243 Paderewski(Fill) APP COMPTROLLER 13. Parking Exclusion -COB Bonding Limitations Indebtedness R &F COUNCIL PRESIDENT 14. J. Giusiana -Bflo Public Schools Plant Div. Transfer School # 71 & 77 to the COB RE PUBLIC WORKS 15. Change in Contract - Broadway Market Parking Garage Reconst(Fill) APP 16. Change in Contract Coca Cola Field Renovations(Fill) APP 17. Increase in Encumbrance - Ellicott St Gateway Phase II Ped Signal Kaleida Health(Ell) APP 18. Increase in Encumbrance - Ellicott St Gateway Phase II Ped Signal BNMC(EII) APP 19. Perm to Engage Services- Consulting Eng- City -Wide Pavement APP 20. Perm to Engage Services - Consulting Eng- Update Hydraulic Sys Water System APP 21- 20A. Perm to Engage Services- Consulting Eng - Colonel Ward Pumping Station APP 22- 21. Perm to Hire Eng Consultant -Ohio St & Inner Harbor Infrastructure(Fill) APP 23- 22. Perm to Increase Contract - Niagara St Gateway Project(Fill) APP 24- 23. Perm to Increase Contract - Reconstruction of Elmwood Ave(North) APP 25- 24. Perm to Reduce Retention Pumping Imp Col Ward Treatment Facility APP 26- 25. Report of Bids -2014 Block Pruning Citywide APP 27- 26. Report of Bids -Marcy Casino New Elevator & Deck Reconst(64,100)(North) APP 28- 27. Report of Bids -Marcy Casino New Elevator & Deck Reconst(767,000)(North) APP 29- 28. Report of Bids -Tire Disposal APP 30- 29. Appoint Park Utility Worker(Step 13)(Prov)(Fenney) CS FIRE 31- 29A Request Permission to Take Vehicle From Parking for Fire Inv Unit- P -519F APP PARKING 32- 30. Appoint Administrative Assistant(Perm)(Max)(Kirker) CS CITY CLERK 33- 31. Application for Restricted Use Permit -75 W. Chippewa(12 /13/2013) APP 34- 32. Application for Restricted Use Permit -75 W. Chippewa(12 /20/2013) LEG 35- 33. Application for Restricted Use Permit -75 W. Chippewa(01 /17/2014) LEG 36- 34. Application for Restricted Use Permit -75 W. Chippewa(01 /31/2014) LEG 37- 35. Liquor License Applications R &F 38- 36. Leaves of Absence R &F 39- 37. Notices of Appointment - Seasonal R &F 40- 38. Notices of Appointments- Temp /Prov /Perm CS MISCELLANEOUS 41- 39. LP Ciminelli -Board Packet Documents - December 2013 ED 42- 39A R. Fontana, D. Smith - Article Gov Cuomo Announces Loan Funding Available to Modernize North County Movie Theatres CD 43- 39B R. Fontana, D. Smith - Article Theatre Upgrades $400,000 CD 44- 40. D. Franczyk -Sr. M. Johnice- Improvements Bldg Behind St. Adalbert's PW,PKG 45- 40A. J. Golombek - Article Comptroller Wants Non - Profit to Take Over City's Home Repair Program CD 46- 40B J. Golombek -Erie Basin Marina Slip Holders Assoc -RFP Process FIN 47- 41. K. Johnson - Kenmore Proposed LL# 1 -6 Month Moratorium -Use of Land R &F 48- 42. K. Johnson - Kenmore Proposed LL# 2- Amending Zoning Code to Establish Regulations for the Dev of Amateur Antennas CPBD 49- 43. J. Lee - Concerns Rezoning 100 Forest etc LEG 50- 44. D. Pridgen -Feral and Community Cat Regulation LEG 51- 45. D. Pridgen -J. Jedicks - General Mills Application CD 52- 46. D. Smith - Article Raise the Age Criminal Recognition in NY LEG 53- 47. D. Smith - Article Assembly Introduces Legislation Est June Primary Election LEG PETITIONS 54- 48. J. Abulmajid, Owner, Use 900 Kensington for Eating and Drinking Establishments in the Kensington /Bailey Bus District(hrg 12 /17)(Univ) LEG,CPBD 55- 49. M. Chelley, Owner, Use 1238 Hertel to Re -Open Existing Restaurant in the Hertel Ave Special Zoning District(hrg 12/17)(Del) LEG,CPBD 56- 50. C. McCaffrey, Agent, Use 301 Franklin for a Projecting Sign Over City ROW(EII)(hrg 12/17) LEG,CPBD 57- 51. J. Smith, Owner, Use 739 Elmwood to Re- Establish an Existing Restaurant in the Elmwood Ave Business District(Del)(hrg 12/17) LEG,CPBD 58- 52. D. Zulkharnain & O -Bad Condition of Sobieski St PW 59- 53. V. Chandler & O- Oppose Construction of Deaconess Heights CD RESOLUTIONS 77- 54. Fontana Hold Independent In Rem Auction for Demolition - Slated Properties CD 78- 55. Pridgen Impending Closure of The Market Arcade Film & Arts Center CD 79- 55A Smith Disch- COW -2014 Capital Budget Recommendations & Imp ccp# 1, 11/12/2013 ADOPT D/C APP AS AMENDED 80- 55B Smith Budget & Personnel Amendment - Common Council# 3 APP 81- 56. Smith,etc Establish a Housing Policy Committee CID 82- 56A Smith Comm of Deeds - Public Duties ADOPT SUBMISSION LIST OF COMMITTEE ITEMS FOR THE COUNCIL MEETINGS CIVIL SERVICE 60- 1. Com 47 Nov 26 Appoint Building Inspector(Perm)(Fifth Step)(Piccolo)(EDPI) APP 61- 2. Com 52 Nov 26 Notices of Appointments- Temp /Prov /Perm(Cty Clk) R &F COMMUNITY DEVELOPMENT 62- 3. Com 11 Nov 26 LDA Btwn COB, BNRC and AD Price III(Strat Plan) APP 63- 4. Com 13 Nov 26 PILOT Agreement Btwn COB, EC, AD Price III Housing Dev Fund(Strat Plan) APP 64- 5. Com 14 Nov 26 Report of Sale -412 and 414 Sycamore and 7 Kane(EII)(Strat Plan) APP 65- 6 Com 13 Nov 12 Request to Install Fence in City ROW- Michigan Ave West of Ganson St(PW) RECOMMIT 66- 7. Com 19 Nov 12 Mobile Food Truck -2614 Main(Mas)(EDPI) RECOMMIT 67- 8. Res 95 July 10 Trailblazing Sign Request for Kenneth Bulls Sr(Smith) R &F LEGISLATION 68- 9. No. 60 Nov 26 T. Parmington, Owner, Use 2282 Niagara for Masonry Warehouses, Add Use of Restorations in the Niagara River Coastal Dist(hrg 12 /3)(North) APP 69- 10. No. 61 Nov 26 A. Ibranim, Owner, Use 2222 Genesee St for a Clothing Store in the Genesee E. Delavan Special District(Lov)(hrg 12/3) APP 70. 11. Com 39 Nov 26 Food Store(New) -1146 Hertel(Del)(EDPI) APP W /COND 71- 12. Res 103 Nov 26 Ord Amendment -Ch 511 The Use of Map on the City Zoning(Fontana) APP 72- 13. No 115 Nov 26 B. Burri, Agent, Rezone, 422,424 and 426 Dingens St From an R -2 Residential To C -2 Community Business District(hrg 10 /29)(Lov)( #44,10/15) APP 73- 14. No 49 Nov 12 Food Store License(New) -2756 Bailey(Mas)(EDPI)( #22,10/29) RECOMMIT 74- 15. No 55 Nov 12 Food Store License(New) -2906 Bailey(Mas)(EDPI)( #31,9/17) RECOMMIT 75- 16. Com 54 June 11 Food Store License(New) -912 E. Delavan(Mas)(EDPI) RECOMMIT 76- 17. Com 55 July 23 Food Store (New) 1304 Jefferson(Ell)(EDPI) APP CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO TUESDAY, DECEMBER 10, 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 November 26, 2013 were approved FROM THE MAYOR FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE BUFFALO ARTS COMMISSION NO. 1 AWARD OF ART CONSERVATION CONTRACT The Buffalo Arts Commission has received permission from your Honorable Body to enter into a contract with ConservArt for the conservation /preservation of five City of Buffalo paintings and one lithograph (Item No. 1 CCP 3/19/13). The dollar amount of this contract was incorrectly stated as $26,800.00. The correct amount is $26,815.50. Funds have been allocated in Bond Fund Account Number 39310506 Monument Restoration. Mr. Smith moved: That the above item be, and the above communication from the Buffalo Arts Commission, dated December 10, 2013, be received and filed, and That the Common Council hereby authorizes the Buffalo Arts Commission to enter into a contract with ConservArt for the conservation preservation of five (5) City of Buffalo paintings and one (1) lithograph. Funding for this project has been allocated in Bond Fund Account Number 39310506 - Monument Restoration. PASSED AYES -9 NOES -0 FROM THE OFFICE OF STRATEGIC PLANNING NO. 2 CONTRACT WITH URBAN MARKETING COLLABORATIVE FOR A PLANNING ANALYSIS /NEEDS ASSESSMENT FOR THE BROADWAY MARKET. The purpose of this communication is to request permission for the City of Buffalo Urban Renewal Agency to enter into a contract with Urban Marketing Collaborative for a Planning Analysis /Needs Assessment for the Broadway Market. After an extensive selection process, the Office of Strategic Planning has determined that Urban Marketing Collaborative is the best company to conduct this planning analysis /needs assessment for the Broadway Market. The City of Buffalo Urban Renewal Agency first issued a request for proposals. After reviewing proposals and conducting interviews, Urban Marketing Collaborative and its team emerged as the strong favorite of the selection committee. Urban Marketing Collaborative (UMC) brings a unique blend of "world class' expertise gained from working in both small and large farmers'/public market projects in the United States and Canada. The firm is made up of internationally renowned farmers'/public market experts who not only have broad experience working with farmers'/public markets, retailing; and real estate but also have an extensive database on operations, budgets, and organizational structures of farmers'/public markets throughout North America. UMC has extensive experience in business district organization and revitalization strategies for commercial areas. Urban Marketing Collaborative is owned by J.C. Williams Group. The company incorporated in Illinois in 1997. UMC has worked extensively on retail urban planning projects throughout North America including Ithaca, Fort Erie, Niagara Falls, Elmira and Cincinnati. $30,000 of Community Development Block Grant funds was previously allocated to obtain assistance from a consultant to assess current problems and opportunities, review existing strategic plans for the market and evaluate the Broadway Market's business structure including vendor mix, leases, market's rules and regulations, special events, capital investments and building layout to make the market more attractive, comfortable, useable and economically viable (the "Project "). I respectfully request that Your Honorable Body: 1. Authorize appropriate City personnel to take such actions and enter into such agreements and arrangements as are necessary to facilitate and implement the utilization of City's federal block grant funding to the extent of $30,000 to fund the Project utilization of City's federal block grant funding to the extent of $30,000 to fund the Project. 2. Authorize the Mayor and other pertinent City personnel on behalf of the City to execute all agreements as shall be required or useful in facilitating the Project. 3. Authorize City personnel to take all other steps and to enter into and execute such agreements and such further related Project documentation directly with Urban Marketing Collaborative or direct funding through the City of Buffalo Urban Renewal Agency to Urban Marketing Collaborative as necessary to facilitate and implement Project. Mr. Smith moved: That the above item be, and the above communication from the Executive Director of the Office of Strategic Planning, dated December 5, 2013, be received and filed; and That the Common Council hereby authorizes the City of Buffalo Urban Renewal Agency to enter into a contract with Urban Marketing Collaborative for a Planning Analysis /Needs Assessment for the Broadway Market; and That the Common Council hereby authorizes appropriate City personnel to take such actions and to enter into such agreements and arrangements as are necessary to facilitate and implement the utilization of the City's federal block grant funding to the extent of $30,000.00 to fund the project; and the Common Council hereby authorizes the Mayor and other pertinent City personnel on behalf of the City execute all agreements as shall be required or useful in facilitating the project; and hereby authorizes City personnel to take all other steps and to enter into and executed such agreements and such further related project documentation directly with the Urban Marketing Collaborative or direct funding through the City of Buffalo Urban Renewal Agency to Urban Marketing Collaborative as necessary to facilitate and implement the project. PASSED AYES -9 NOES -0 NO. 3 REPORT OF SALE 1984 BAILEY, WEST SIDE 120' NORTH OF HAZEL VACANT LOT SIZE: 26'X 113' ASSESSED VALUATION: $1,600 1986 BAILEY, WEST SIDE 145' NORTH HAZEL VACANT LOT SIZE: 25 X 113 ASSESSED VALUATION: $1,600 (LOVEJOY DISTRICT) The Office of Strategic Planning, Division of Real Estate received a request from Ms. Vicki Richardson, Secretary of the Church of Jesus Christ #2, Inc., 72 Sattler Avenue, Buffalo, New York 14211 to purchase the vacant lots located at 1984 & 1986 Bailey. The Church is located at 1966 Bailey and they own the adjacent lot at 1982 Bailey. They would like to purchase 1984 & 1986 Bailey, which is adjacent to their property at 1982 Bailey and use the lots for additional parking. They have provided sufficient proof of financing. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. A market analysis performed by the Division of Real Estate showing similar sales in the area range from Thirty -Seven Cents ($.37) to Eighty -Seven Cents ($.87) per square foot. Ms. Vicki Richardson, Secretary on behalf of the Church of Jesus Christ #2, Inc. has agreed and is prepared to pay Two Thousand Four Hundred Dollars ($2,400), Forty -Two Cents ($.42) per square foot for the subject property. They have also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 1984 & 1986 Bailey in the amount of Two Thousand Four Hundred Dollars ($2,400) to the Church of Jesus Christ #21 Inc. I am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. Mr. Smith moved: That the above item be, and the above communication from the Office of Strategic Planning, dated December 2, 2013, be received and filed; and That the offer from Ms. Vicki Richardson, Secretary of the Church of Jesus Christ #2, 72 Sattler Avenue, Buffalo, New York 14211, in the amount of Two Thousand Four Hundred Dollars ($2,400.00) for the purchase of 1984 Bailey and 1986 Bailey, 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.4 REPORT OF SALE 3074 BAILEY, EAST SIDE 30' SOUTH MIDWAY LOT SIZE: 30'X 85' ASSESSED VALUATION: LAND: $ 2,600 IMPROVEMENT $22,400 TOTAL: $25,000 (MASTEN DISTRICT) The Office of Strategic Planning, Division of Real Estate has received a request from William Paladino on behalf of J P Group LLC, 295 Main Street, Buffalo, New York 14203 to purchase 3074 Bailey Avenue. The subject property is a one story masonry building, consisting of 2,490 sq. ft. The property is currently not habitable and is basically a shell. The roof is collapsing and the south foundation walls are dislocated. The City acquired this property through In Rem #39, in October 2007. JP Group LLC intends to demolish the structure at their expense and expand their parking lot for their business at 1102 Kensington, which is adjacent to 3074 Bailey. They have provided sufficient proof of finances. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. JP Group LLC commissioned Mr. Michael Gagliano, Appraiser from KLW Group and he has estimated the fair market value of 3074 Bailey to be Three Hundred Dollars ($300.00). The Appraiser has indicated that building is severely damaged, not salvageable and at the end of its economic life. The City of Buffalo Appraisal Review Board reviewed the appraisal report and concurs with the appraiser's estimate of value. Mr. Carl Paladino on behalf of JP Group LLC has agreed and is prepared to pay Three Hundred Dollars ($300) for the subject property. He has also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 3074 Bailey Avenue to JP Group LLC in the amount of Three Hundred Dollars ($300). 1 am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. REFERRED TO THE COMMITTEE ON LEGISLATION. NO. 5 REPORT OF SALE - FORMER COMMUNITY CENTER -1168 BROADWAY, EAST CORNER OF ROTHER LOT SIZE 33.82'X 103' WITH A PIECE 30'X97' ON ROTHER ASSESSED VALUE LAND$4,800 IMPROVEMENTS $71,200 TOTAL $76,000 FILLMORE DISTRICT The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Edward Dobosiewicz on behalf of Dyngus Day, LLC, 500 Manhattan Avenue, #828, Buffalo, New York 14215 to purchase 1168 Broadway. The property consists of a 3 story, mixed use, masonry building, approximately 9,504 sq. ft.; zoned C -2 & R2 situated on an "L" shaped lot. The structure is in fair condition, has a fire escape and a handicap accessible ramp. This building was used in the past by various community groups (Neighborhood Information Center, People, Inc. and most recently the Polish Community Center) The Polish Community Center /Matt Urban Center in the past acted as the pass through organization and had an arrangement with Mr. Dobosiewicz to utilize space in the building. In December 2010 the Polish Community Center advised both the City and Mr. Dobosiewicz that they no longer had the resources to continue their lease with the City or their arrangement with his organization. The Polish Community Center in December 2010 moved out of the premise and Dyngus Day, LLC remained in the building. Over the past 3 years Dyngus Day, LLC has been acting as care taker of the premises. They have paid $9,575 in utility costs, $7,869 in insurance costs and made repairs in the amount of $1,208. Dyngus Day, LLC intends to use the 1 sc floor of the building for their office and exhibit space for a historical museum /gallery related to the neighborhood and its cultural heritage. The 2 n floor will be used as residential space and the 3 rd floor for storage. Dyngus Day, LLC has submitted sufficient proof of finances. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. In accordance with Article 27 -5 of the City Charter, Sale by Appraisal, Dyngus Day, LLC commissioned Christopher J. D'Andrea, Appraiser to appraise the property for the fair market value. Mr. D'Andrea has estimated the value of the property to be $42,800. The City of Buffalo Appraisal Review Board reviewed the appraisal report at their meeting on October 16, 2013 and they concurred with the Appraiser's estimate of value. Mr. Edward Dobosiewicz on behalf of Dyngus Day, LLC has agreed and is prepared to pay $42,800 for said property. The subject property shall be sold in "as is" condition. Dyngus Day, LLC shall pay for title search, title report and survey, if necessary. The purchaser has also agreed to pay for the cost of transfer tax and recording fees, and provide the City of Buffalo with full release and indemnify the City as to environmental and other matters regarding the property. Absent such release and indemnity, the City could remain liable after the sale closing for environmental matters at the property. I am recommending that Your Honorable Body approve the sale of the abandoned former community center located at 1168 Broadway to Dyngus Day, LLC in the amount of $42,800 on the following conditions: 1. That Dyngus Day, LLC accepts title in "as is condition "; 2. That Dyngus Day, LLC pays for all closing costs including but not limited to title search and report, survey (if necessary) and the cost of transfer tax, recording fees,.; 3. That Dyngus Day, LLC provide a signed full release and indemnify the City as to environmental and other matters regarding this property. I am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. Mr. Smith moved: That the above item be, and the above communication from the Office of Strategic Planning, dated December 2, 2013, be received and filed; and That the offer from Mr. Edward Dobosiewicz on behalf of Dyngus Day, LLC, 500 Manhattan Avenue #828, Buffalo, New York 14215, in the mount of Forty -two Thousand Eight Hundred Dollars ($42,800.00) for the purchase of 1168 Broadway, be and hereby is accepted upon the following conditions: 1. That Dyngus Day, LLC accepts title in "as is condition "; 2. That Dyngus Day, LLC pays for all closing costs, including, but not limited to, title search and report, survey (if necessary) and the cost of transfer tax, recording fees; and 3. That Dyngus Day, LLC provide a signed full release and indemnify the City as to the environmental and other matters regarding this property; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES -9 NOES -0 NO. 6 REPORT OF SALE 448 GOODYEAR, 276.53' S GENESEE LOT SIZE: 32.23'X 105' ASSESSED VALUATION: $1,400 (FILLMORE DISTRICT) The Office of Strategic Planning, Division of Real Estate has received a request from Ms. Nancy Gravely to purchase 448 Goodyear. Ms. Gravely owns and resides at 446 Goodyear, which is adjacent to the vacant lot a 448 Goodyear. She intends to use 448 Goodyear for additional green space. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. A market analysis performed by the Division of Real Estate showing similar sales in the area range from Thirty -Seven Cents ($.37) to Eighty -Seven Cents ($.87) per square foot. Ms. Gravely has agreed and is prepared to pay One Thousand Three Hundred Dollars ($1,300), Forty Cents ($.40) per square foot for the subject property. She has also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 448 Goodyear in the amount of One Thousand Three Hundred Dollars ($1,300) to Ms. Nancy Gravely. I am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. Mr. Smith moved: That the above item be, and the above communication from the Office of Strategic Planning, dated December 2, 2013, be received and filed; and That the offer from Ms. Nancy Gravely, 446 Goodyear, Buffalo, New York, in the amount of One Thousand Three Hundred Dollars ($1,300.00) for the purchase of 448 Goodyear, be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES -9 NOES -0 NO. 7 REPORT OF SALE 89 GUERNSEY, 124' N FARMER LOT SIZE: 16' X 108.60' ASSESSED VALUATION: $2,100 (NORTH DISTRICT) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Moe M. Maung to purchase 89 Guernsey and homestead 93 Guernsey Street. Mr. Maung owns and resides at 95 Guernsey Street, which is adjacent to 93 Guernsey and 89 Guernsey. He intends to use both 89 & 93 Guernsey for additional green space. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. A market analysis performed by the Division of Real Estate showing similar sales in the area range from Seventy -Five Cents ($75) to One Dollar ($1.00) per square foot. Mr. Maung has agreed and is prepared to pay One Thousand Six Hundred Dollars ($1,600), Ninety -Three Cents ($.93) per square foot for the subject property. He has also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 89 Guernsey in the amount of One Thousand Six Hundred Dollars ($1,600) to Mr. Moe M. Maung. I am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. Mr. Smith moved: That the above item be, and the above communication from the Office of Strategic Planning, dated December 2, 2013, be received and filed; and That the offer from Mr. Moe M. Maung, 95 Guernsey Street, Buffalo, New York, in the amount of One Thousand Six Hundred Dollars ($1,600.00) for the purchase of 89 Guernsey, 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. 8 REPORT OF SALE 13 HARRIETT, EAST SIDE 133.75' NORTH OF DELAVAN VACANT LOT SIZE: 35' X 133' ASSESSED VALUATION;. $4,800 (UNIVERSITY DISTRICT) The Office of Strategic Planning, Division of Real Estate received a request from Mr. Ted J. Howard, Pastor of Edison Street Baptist, 28 Edison Street, Buffalo, New York 14215. The Church owns 11 Harriett, which is adjacent to the city owned vacant lot located at 13 Harriett. They intend to utilize both lots for off street parking purposes for the Church. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. A market analysis performed by the Division of Real Estate showing similar sales in the area range from Fifty Cents ($.50) to One Dollar Forty -Five Cents ($1.45) per square foot. The Edison Street Baptist Church has agreed and is prepared to pay Three Thousand Five Hundred Dollars ($3,500), Seventy -Five Cents ($75) per square foot for the subject property. They have also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 13 Harriett Street in the amount of Three Thousand Five Hundred Dollars ($3,500) to Edison Street Baptist Church. I am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. Mr. Smith moved: That the above item be, and the above communication from the Office of Strategic Planning, dated December 2, 2013, be received and filed; and That the offer from Mr. Ted J. Howard, Pastor of Edison Street Baptist Church, 28 Edison Street, Buffalo, New York 14215, in the amount of Three Thousand Five Hundred Dollars ($3,500.00) for the purchase of 13 Harriett, 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. 9 REPORT OF SALE 64 HAYES, W 537.46 N SENECA LOT SIZE: 90'X 129' ASSESSED VALUATION: $5,800 (LOVEJOY DISTRICT) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Matthew Gehman on behalf of Metal Locking Service Inc., 216 Colgate Avenue, Buffalo, New York 14220 to purchase 64 Hayes. Metal Locking Service Inc. would like to purchase the property for future business expansion. They have provided proof of financing and their application has been reviewed and approved by the Division of Real Estate. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. A market analysis performed by the Division of Real Estate showing similar sales in the area range from Thirty Eight Cents ($.38) to Fifty Eight Cents ($.58) per square foot. Mr. Geham on behalf of Metal Locking Service Inc. has agreed and is prepared to pay Six Thousand Eight Hundred Dollars ($6,800), Fifty -Four Cents ($.54) per square foot for the subject property. They have also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 64 Hayes to Metal Locking Service Inc in the amount of Six Thousand Eight Hundred Dollars ($6,800). 1 am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. Mr. Smith moved: That the above item be, and the above communication from the Office of Strategic Planning, dated December 2, 2013, be received and filed; and That the offer from Mr. Matthew Gehman on behalf of Metal Locking Service, Inc., 216 Colgate Avenue, Buffalo, New York 14220, in the amount of Six Thousand Eight Hundred Dollars ($6,800.00) for the purchase of 64 Hayes, 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. 10 REPORT OF SALE 71 LOUISIANA, 1271.66' N ST, CLAIR LOT SIZE: 60'X 59' ASSESSED VALUATION: $2,400 73 LOUISIANA, 177.66' N ST. CLAIR LOT SIZE: 26'X 76' ASSESSED VALUATION: $1,400 (FILLMORE DISTRICT) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Michael Heidinger, 186 Mackinaw Street, Buffalo, New York 14204 to purchase 71 and 73 Louisiana Street. Mr. Heidinger intends to construct a single family dwelling and use as his personal residence. Proof of financial ability for the purchase and construction have been provided and reviewed by the Division of Real Estate. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. A market analysis performed by the Division of Real Estate showing similar sales in the area range from Thirty Eight Cents ($.38) to Fifty Eight Cents ($.58) per square foot. Mr. Heidinger has agreed and is prepared to pay Two Thousand Three Hundred Dollars ($2,300), Fifty -Five Cents ($.55) per square foot for the subject properties. He has also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 71 and 73 Louisiana to Mr. Michael Heidinger in the amount of Two Thousand Three Hundred Dollars ($2,300). 1 am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. Mr. Smith moved: That the above item be, and the above communication from the Office of Strategic Planning, dated December 2, 2013, be received and filed; and That the offer from Mr. Michael Heidinger, 186 Mackinaw Street, Buffalo, New York 14204, in the amount of Two Thousand Three Hundred Dollars ($2,300.00) for the purchase of 71 Louisiana and 73 Louisiana, be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES -9 NOES -0 NO. 11 REPORT OF SALE 102 MONTGOMERY, 36.98' S ONEIDA LOT SIZE: 26.66'X 94' ASSESSED VALUATION: $1,400 (Fillmore District) The Office of Strategic Planning, Division of Real Estate has received a request from Ms. Monica Smith to purchase 102 Montgomery. Ms. Smith owns and resides at 98 Montgomery; she also owns the vacant lot at 100 Montgomery, which is adjacent to subject property. She intends to use the vacant lot at 102 Montgomery for additional green space. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. A market analysis performed by the Division of Real Estate showing similar sales in the area range from Forty Cents ($.40) to Seventy -Five Cents $75) per square foot. Ms. Smith has agreed and is prepared to pay One Thousand Two Hundred Dollars ($1,200), Fifty -One Cents ($.51) per square foot for the subject property. She has also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 102 Montgomery in the amount of One Thousand Two Hundred Dollars ($1,200) to Ms. Monica Smith. I am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. Mr. Smith moved: That the above item be, and the above communication from the Office of Strategic Planning, dated December 2, 2013, be received and filed; and That the offer from Ms. Monica Smith, 98 Montgomery, Buffalo, New York, in the amount of One Thousand Two Hundred Dollars ($1,200.00) for the purchase of 102 Montgomery, be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES -9 NOES -0 NO. 12 REPORT OF SALE 243 PADEREWSKI, SOUTH SIDE 55' WEST OF FILLMORE VACANT LOT SIZE: 32'X 113' ASSESSED VALUATION: $2,700 (ELLICOTT DISTRICT) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. John Killian residing at 23 Park Blvd., Lancaster, New York 14086 to purchase 243 Paderewski. Mr. Killian is associated with the Mickiewicz Library Society and would like to purchase this property as part of their neighborhood cleanup /restoration. Mr. Killian owns the vacant lots located at 226, 224, 234, 237, 247 & 249 Paderewski. There are 5 vacant lots in the block between Wilson and Fillmore and Mr. Killian owns all of the lots with the exception of 243 Paderewski. The city owned property at 243 Paderewski is located between his properties at 237 & 247 Paderewski. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. A market analysis performed by the Division of Real Estate showing similar sales in the area range from Forty Cents ($.405) to Seventy -Five Cents ($75) per square foot. Mr. Killian has agreed and is prepared to pay One Thousand Four Hundred Forty Dollars ($1,440), Forty Cents ($.40) per square foot for the subject property. He has also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 243 Paderewski in the amount of One Thousand Four Hundred Forty Dollars ($1,440) to John Killian. I am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. Mr. Smith moved: That the above item be, and the above communication from the Office of Strategic Planning, dated April 8, 2013, be received and flied; and That the offer from Mr. John Killian, 23 Park Blvd., Lancaster, New York 14086, in the amount of One Thousand Four Hundred Forty Dollars ($1,440.00) for the purchase of 243 Paderewski, 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 FROM THE COMPTROLLER NO. 13 PARKING EXCLUSION COB BONDING LIMITATIONS INDEBTEDNESS The City submitted an application to the Office of State Comptroller authorizing the proper proportionate exclusion of indebtedness pursuant to Section 123.00 of Local Finance Law. I have submitted the approved Certificate of Exclusion, from the New York State Comptroller's Office. $13,210,000 represents the amount which will be excluded from the City's bonding limitations for indebtedness. RECEIVED AND FILED FROM THE PRESIDENT OF THE COUNCIL NO. 14 J. GUISIANA -BFLO PUBLIC SCHOOLS PLANT DIV TRANSFER SCHOOL # 71 & 77 TO THE COB Dear Council Member Fontana: This is to inform the Council that the Buffalo Public Schools, Division of Plant Services and School Planning, has officially transferred as is and in kind, the use of former Schools #71 and #77 to the City of Buffalo, effective November 22, 2013. REFERRED TO THE DIVISION OF REAL ESTATE FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO. 15 CHANGE IN CONTRACT BROADWAY MARKET PARKING GARAGE RECONSTRUCTION JOB #1274 - JOINT REPLACEMENT FILLMORE DISTRICT I hereby submit to your Honorable Body the following change for Broadway Market Parking Garage Reconstruction. Joint Replacement, Raymond Kelley C# 93001200 1) this change includes labor and materials required for the Concrete SlabAdd $4,350.00 The foregoing change results in a net increase in the contract of Four Thousand Three Hundred Fifty Dollars and 00/100($4,350.00) Summary Original contract Amount $168,069.00 Amount of this change order ( #1) $ 4,350.00 Revised Contract Amount $172,419.00 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 34322806 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 November 27, 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 $4,350.00 (Original Contract Amount $168,069.00 + Change Order #1 $4,350.00 for a Revised Contract Amount of $172,419.00) for the Broadway Market, Parking Garage Reconstruction, Joint Replacement. Funds for this project are available in Account #34322806 445100 - Buildings. PASSED AYES -9 NOES -0 NO. 16 CHANGE IN CONTRACT COCA COLA FIELD RENOVATIONS JOB #1274 G I hereby submit to Your Honorable Body the following changes for Coca Cola Field, Renovations, Spicer Group (S &W Contracting), C #93001126. 1. Additional floor drain and associated work to ensure project is Add $ 7,268.40 completed this construction season. The requirement for the additional drain was unforeseen and determined during construction The foregoing changes result in a net increase in the contract of Seven Thousand Two Hundred Sixty Eight and 40/100 Dollars ($7,268.40). Summary: Current Contract Amount $327,334.00 Amount of This Change Order $ 7,268.40 Revised Contract Amount $334,602.40 Costs have been reviewed by the consulting architect (Cannon Design) and the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work will be 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 December 2, 2013, be received and filed; and That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to execute Change Order #1 in the amount of $7,268.40 (Original Contract Amount $327,334.00 + Change Order #1 $7,268.40 for a Revised Contract Amount of $334,602.40) for Coca Cola Field Renovations, Spicer Group (S &W Contracting), C #93001126. Funds for this project are available in Account #35324706 445100 - Buildings. PASSED AYES -9 NOES -0 NO. 17 INCREASE IN ENCUMBERANCE CONTRACT #93001110 GENERAL CONTRACTOR: CATCO ELLICOTT STREET GATEWAY - PHASE 2 GOODELL TO BEST STREETS ADDITION OF BID ALTERNATE #1 PEDESTRIAN SIGNAL FOR KALEIDA HEALTH ELLICOTT DISTRICT CITY OF BUFFALO, COUNTY OF ERIE ITEM #18 OF 12 -11 -12 AND ITEM #9 OF 2 -5 -13 The above captioned project was bid by the Department on November 14, 2012. The responsible low bidder was approved by your Honorable Body on December 11, 2012. At the time of the bid, this Department was asked by Kaleida Health to include an add alternate to allow for the construction of a pedestrian signal on Ellicott between Goodrich and North Streets. The construction of this signal was to be fully funded by Kaleida Health should they seek to pursue the work. Subsequently, Kaleida Health has agreed to fund the work, and pay the energy costs associated with the operation of this signal. Therefore, this Department requests Your Honorable Body's permission to accept funds from Kaleida Health and to increase the encumbrance of the current contract by the actual cost of construction ($92,830.00, which is the cost of the work based on the bid alternate). No additional cost will be bore by the City for this work. Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated December 2, 2013, be received and filed; and That the Common Council hereby authorizes the Department of Public Works, Parks and Streets to accept funds from Kaleida Health for the construction of a pedestrian signal on Ellicott Street between Goodrich and North Streets, and to increase the encumbrance of the current contract by the actual cost of construction. No additional cost will be bore by the City for this work. PASSED AYES -9 NOES -0 NO. 18 INCREASE IN ENCUMBRANCE CONTRACT #93001110 GENERAL CONTRACTOR: CATCO ELLICOTT STREET GATEWAY — PHASE 2 GOODELL TO BEST STREETS ADDITION OF BID ALTERNATE #2 PEDESTRIAN SIGNAL FOR BNMC ELLICOTT DISTRICT CITY OF BUFFALO, COUNTY OF ERIE ITEM #18 OF 12 -11 -12 AND ITEM #9 OF 2 -5 -13 The above captioned project was bid by the Department on November 14, 2012. The responsible low bidder was approved by your Honorable Body on December 11,2012. At the time of the bid, this Department was asked by the Buffalo- Niagara Medical Campus (BNMC) to include an add alternate to allow for the construction of a pedestrian signal on Ellicott between Goodell and N. Oak Streets. The construction of this signal was to be fully funded by BNMC should they seek to pursue the work. Subsequently, BNMC has agreed to fund the work, and pay the energy costs associated with the operation of this signal. Therefore, this Department requests Your Honorable Body's permission to accept funds from BNMC and increase the encumbrance of the current contract by the actual cost of construction ($66,977.01), which is the cost of the work based on the bid alternate). No additional cost will be bore by the City for this work. Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated December 2, 2013, be received and filed; and That the Common Council hereby authorizes the Department of Public Works, Parks and Streets to accept funds from the Buffalo Niagara Medical Campus for the construction of a pedestrian signal on Ellicott Street between Goodell and North Oak Streets, and to increase the encumbrance of the current contract by the actual cost of construction. No additional cost will be bore by the City for this work. PASSED AYES -9 NOES -0 NO. 19 PERMISSION TO ENGAGE SERVICES OF CONSULTING ENGINEER FOR CITY -WIDE PAVEMENT MANAGEMENT CONSULTING SERVICES CITY -WIDE I respectfully request that Your Honorable Body authorize the Department of Public Works, Parks and Streets to grant permission to hire a consultant to provide consulting services for the City -Wide Pavement Management Program. The City intends to procure a consultant for a term agreement that will last up to three years. The costs for consulting services are estimated not to exceed $200,000 annually and not to exceed $600,000 for the life of the term agreement. The funds are available in Capital account(s) 36319406 445100 and /or an account(s) to be named at a later date. The consultant will be chosen through a Request for Qualifications (RFQ) process. Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated December 3, 2013, be received and filed; and That the Common Council hereby authorizes the Department of Public Works, Parks and Streets to hire a consultant to provide consulting services for the City -Wide Pavement Management Program. The consultant will be chosen through a Request for Qualifications (RFQ) process. The funds are available in Capital Account(s) 36319406 445100 and /or an account(s) to be named at a later date. PASSED AYES -9 NOES -0 NO. 20 PERMISSION TO ENGAGE SERVICES OF CONSULTING ENGINEER TO UPDATE THE HYDRAULIC MODEL FOR THE WATER SYSTEM I respectfully request that Your Honorable Body authorize the Department of Public Works, Parks and Streets to grant permission to hire Nussbaumer & Clarke, Inc. to update the existing WaterCAD hydraulic model for the water distribution system. The existing water transmission hydraulic needs to be updated and recalibrated given changes in pumping, availability of metered consumption data, completion of pertinent capital projects, integration with the existing SCADA (Supervisory Control and Data Acquisition) and back -up power capability, potential emergency interconnection capability, and water quality optimization. This is a critical tool for the Division of Water for pump and system operations as well as security of the distribution system. The consultant was chosen through the RFQ process. The costs for consulting services are estimated not to exceed $200,000.00. The funds are available in a Division of Water account 53230786 445100, an account(s) to be named at a later date. Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated December 3, 2013, be received and filed; and That the Common Council hereby authorizes the Department of Public Works, Parks and Streets to hire Nussbaumer & Clarke, Inc. to update the existing Water CAD hydraulic model for the water distribution system. The consultant was chosen through the Request for Qualification (RFQ) process. The funds are available in Division of Water Account 53230786 445100, and an account(s) to be named at a later date. PASSED AYES -9 NOES -0 No. 21 PERMISSION TO ENGAGE SERVICES OF CONSULTING ENGINEER FOR EVALUATION, INSPECTION AND TESTING PHASE SERVICES FOR COLONEL WARD PUMPING STATION AND REMOTE FACILITY ARCHITECTURAL AND STRUCTURAL IMPROVEMENTS I respectfully request that Your Honorable Body authorize the Department of Public Works, Parks and Streets to grant permission to hire Wendel Engineers for emergency evaluation, inspection and testing phase services for the Colonel Ward Pumping Station Structural Improvements. This project will evaluate structural settlement in the South wall of the pumping station. This evaluation will include review of available record document information, inspect for waterline leaks in the area, inspect the exterior wall and roof for rainwater intrusion, conduct interior and exterior survey monitoring to determine the rate of possible horizontal and /or vertical movement, develop and implement a shoring plan to address immediate building concerns and retain a diving contractor to conduct underwater visual inspection of the Filtered Water Conduit which is located under this South wall and carries filtered water from the filter plant to the high service pumps. Once this situation is addressed, the Consultant will continue to perform an architectural and structural evaluation of all facilities of the Buffalo Water System including to but not limited to roofs, buildings, conduits, underground and aboveground assets, etc. located at the Colonel Ward Facility and all remote sites. The consultant was chosen through a Request for Qualifications (RFQ) process and they will prepare detailed reports of the findings and recommended actions throughout this evaluation. The funds are available in m Division of Water account(s) 53230796 445100, 53230806 445100, an account(s) to be named at a later date. Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated December 4, 2013, be received and filed; and That the Common Council hereby authorizes the Department of Public Works, Parks and Streets to hire Wendel Engineers for emergency evaluation, inspection and testing phase services for the Colonel Ward Pumping Station Structural Improvements. The consultant was chosen through a Request for Qualification (RFQ) process. The funds are available in Division of Water Account(s)53230796 445100, 53230806 445100 and an account(s) to be named at a later date. PASSED AYES -9 NOES -0 NO. 22 PERMISSION TO HIRE ENGINEERING CONSULTANT SIGN CSX CONSTRUCTION AND PRIVATE UTILITY WORK AGREEMENTS OHIO STREET AND INNER HARBOR INFRASTRUCTURE IMPROVEMENTS PROJECT FILLMORE DISTRICT Permission is requested from Your Honorable Body to authorize Commissioner of Public Works to enter into all necessary agreements with the engineering consultant, CSX and various private utility company for the construction administration & construction inspection of this project. Previously Erie Canal Harbor Development Corporation ( ECHDC) in cooperation with City & NYSDOT completed the design phase and turned over to City to administer the construction phase of the project. City advertised and received bids on November 16 for the project. These agreements will allow this Department to administer the construction phase of the project, which includes Nil -depth reconstruction of Ohio Street between New York Route 5 (Outer Harbor Parkway) and Michigan Avenue and also improvement at St. Clear Street between Ohio Street and South Street within the First Ward neighborhood of the City. This phase of the project is 80% Federal and 20% ECHDC funded project. Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated December 3, 2013, be received and filed; and That the Common Council hereby authorizes the Department of Public Works, Parks and Streets to enter into all necessary agreements with the engineering consultant, CSX and various private utility companies for the construction administration and construction inspection of the Ohio Street and Inner Harbor infrastructure improvements project. This phase of the project is 80% Federal and 20% Erie Canal Harbor Development Corporation funded project. PASSED AYES -9 NOES -0 NO. 23 PERMISSION TO INCREASE CONTRACT BERGMANN ASSOCIATES NIAGARA STREET GATEWAY PROJECT PHASE 1 - ELMWOOD TO VIRGINIA CONTRACT #93000973 PIN #5757.14 FILLMORE & ELLICOTT DISTRICT Contract Summary: $275,149.41 Contract Amount $ 79,999.49 + Amount of change order $355,148.60 Revised Contract Amount City share of Change Order - 5% or $3,999.96 1 hereby submit to your Honorable Body the following change for this contract. Bergmann Associates is the Engineering Consultant for the Niagara Street Gateway Project for the City of Buffalo. This contract includes scoping, preliminary design and detailed design. This increase is necessary for additional design services. These design services included the City take -over of the street lighting system, the introduction of green infrastructure to reduce storm water runoff and the reconstruction of the entire traffic signal system at the Virginia /Carolina /1- 190 intersection along Niagara Street. This change will complete all design work associated with this project. This is a federally funded project and the funding breakdown is 80% Federal, 15% State, and 5% City. 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 $79,999.19. Of this amount, 5% or $3,999.96 is the City share of the change. The Federal and State portions (95 %) have already received approval. The funds are available in Capital Project Account #31710006 - 445500. Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Streets dated December 2, 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 $79.999.19 (Original Contract Amount $275,149.41 + Change Order #1 $79,999.19 for a Revised Contract Amount of $355,148.60) for the Niagara Street Gateway Project, Phase 1, for the City of Buffalo, to Bergmann Associates, C #93000973. This is a federally funded project, and the funding breakdown is 80% Federal, 15% State and 5% City. The funds are available in Capital Project Account #31710006 - 445500. PASSED AYES -9 NOES -0 NO. 24 PERMISSION TO INCREASE CONTRACT ERDMAN ANTHONY CONSULTANTS RECONSTRUCTION OF ELMWOOD AVENUE NYSDOT PIN #5755.46 CONTRACT #93000991 NORTH DISTRICT CCP# 35, 02/08/00 Contract Summary Contract Amount.: $292,999.00 Amt. of Change Order: $ 57,500.00 New Contract Amount.: $350,499.00 City share of Change order - 5% or $2,875.00 1 hereby submit to Your Honorable Body the following change for this contract. Erdman Anthony is the Consultant for the Reconstruction of Elmwood Avenue Project for the City of Buffalo. This contract provided for the Inspection and Construction Management of this project. This project was originally scheduled to be completed in one construction season. Due to delays in construction caused by unforeseen utility conflicts, the project extended into a second construction season. This increase is necessary to fund additional work needed to complete documentation and As -Built drawings, to be provided to the City of Buffalo, as final record of this project. This project is a federally funded project and the funding breakdown is 80% Federal, 15% State and 5% City. I certify that this increase is fair and equitable for the work involved. The Federal and State portions (95 %) have already received approval. The funds are available in Capital Project Account #34359206 - 445600. Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Streets dated November 26, 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 $57,500.00 (Original Contract Amount $292,999.00 + Change Order #1 $57,500.00 for a Revised Contract Amount of $350,499.00) for the Reconstruction of Elmwood Avenue Project, to Erdman Anthony, C #93000991. This is a federally funded project, and the funding breakdown is 80% Federal, 15% State and 5% City. The funds are available in Capital Project Account #34359206 - 445600. PASSED AYES -9 NOES -0 NO. 25 PERMISSION TO REDUCE RETENTIONSIEMENS INDUSTRY, INC. HIGH SERVICE PUMPING IMPROVEMENTS AT COL WARD TREATMENT FACILITY CONTRACT # 93000699 1 hereby submit to your Honorable Body a request to reduce the retention for the above mentioned contract from 2.5% to 1.0% and respectfully request that Your Honorable Body approve this request. The reduction represents work already completed and accepted by the Department. There are no outstanding claims or liens. This is being requested to keep the contract open to allow the completion of the last piece of this project in which a Supervisory Control Data Acquisition System is in process of being installed. 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 December 4, 2013, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to reduce the retention for the contract with Siemens Industry, Inc. for High Service Pumping Improvements at the Col. Ward Treatment Facility, from 2.5% to 1.0% for work already completed. This is being requested to keep the contract open to allow the completion of the last piece of this project in which a Supervisory Control Data Acquisition System is in the process of being installed. PASSED AYES -9 NOES -0 NO. 26 REPORT OF BIDS 2014 BLOCK PRUNING CITYWIDE GROUP #780 1 advertised for on November 11, 2013, and received the following formal sealed bids for the 2014 Block Pruning, which were publicly opened and read on November 22, 2013. Tree Services of WHY, LLC 41 William Street Tonawanda, New York 14150 Tree Care of NY 11493 Broadway Alden, New York 14004 Davey Tree Expert Co. 1200 Commerce Parkway Lancaster, New York 14086 Schneck's Tree Removal, Inc. 2861 Southwestern Blvd. Orchard Park, New York 14127 1 hereby certify that the foregoing is a true and correct statement of all bids received and that Tree Services of WHY, LLC with a Total Bid of One Hundred Seventy Three Thousand Seven Hundred and 00/100 ($173,700.00), is the lowest responsible bidder. I recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to order on the basis of the lowest responsible bidder. Due to available funding, unit bid price will be used to create a contract of no more than Two Hundred Twenty Five Thousand, Seven Hundred Eighty Seven and 50/100 ($225,787.50). Funding for this project is available in 14570008 - 480000. 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 December 4, 2013, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to enter into an agreement for the 2014 Block Pruning with Tree Services of WNY, LLC with a total bid of $173,700.00. Funding for this project is available in Account #14570006 - 480000. PASSED AYES -9 NOES -0 NO. 27 REPORT OF BIDS MARCY CASINO NEW ELEVATOR AND STRUCTURAL DECK RECONSTRUCTION JOB #1275 NORTH DISTRICT I issued bid requests on February 19, 2013 and received the following informal bids for Marcy Casino New Elevator and Structural Deck Reconstruction on March 19, 2013. Bid Total Brown Electric $48,900 Goodwin Electric $64,100 Weydman Electric $67,700 Industrial Power & Lighting $69,800 CIR Electrical Construction Corp $77,500 I hereby certify that the foregoing is a true and correct statement of all bids received and that Goodwin Electric, with a total bid of Sixty Four Thousand One Hundred and 001100 Dollars ($64,100), is the next lowest responsible bidder in accordance with the plans and specifications. Brown Electric and Department of Public Works have mutually agreed to withdraw Brown's bid for the Marcy Casino New Elevator and Structural Deck Reconstruction. I recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to order on the basis of the next lowest responsible bid. Funding for this project is available in 35323106 445100 and 35328506 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 December 4, 2013, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to enter into an agreement for the Marcy Casino New Elevator and Structural Deck Reconstruction with Goodwin Electric with a total bid of $64,100.00. Funding for this project is available in Accounts #35323106 445100 and 35328506 445100 - Buildings. PASSED AYES -9 NOES -0 NO. 28 REPORT OF BIDS MARCY CASINO NEW ELEVATOR AND STRUCTURAL DECK RECONSTRUCTION JOB #1275 NORTH DISTRICT I issued bid requests on February 19, 2013 and received the following informal bids for Marcy Casino New Elevator and Structural Deck Reconstruction on March 19, 2013. Bid Total Spicer Group $685,000 RB Mac Construction Co., Inc. $767,000 Picone Construction $803,000 Trason Development Corp. $879,000 Sicoli Construction Services $923,600 I hereby certify that the foregoing is a true and correct statement of all bids received and that RB Mac Construction Co., Inc, with a total bid of Seven Hundred Sixty Seven Thousand and 00/100 Dollars ($767,000), is the next lowest responsible bidder in accordance with the plans and specifications. The Spicer Group and Department of Public Works have mutually agreed to withdraw Spicer's bid for the Marcy Casino New Elevator and Structural Deck Reconstruction. I recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to order on the basis of the next lowest responsible bid. Funding for this project is available in 35323106 445100, 38320906 445100, and 35328506 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 December 4, 2013, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to enter into an agreement for the Marcy Casino New Elevator and Structural Deck Reconstruction with RB Mac Construction Co., Inc. with a total bid of $767,000.00. Funding for this project is available in Accounts #35323160 445100, 38320906 445100 and 35328506 445100 - Buildings. PASSED AYES 9, NOES 0 NO. 29 REPORT OF BIDS TIRE DISPOSAL Bids were advertised for on April 23, 2013 and received for the recycling and disposal of tires, which were publicly opened and read on May 2, 2013. Price Per Ton Price Per Ton Price Per Ton Picked -Up at Delivered to Delivered to Broadway Garage Bidders Facility Alternate Site Modern Recycling $75.00 $45.00 $68.00 4746 Model City Rd, Model City NY Geiter Done of WNY $94.00 $89.50 No Bid 300 Greene St., Buffalo NY Liberty Tire Recycling $95.00 $65.00 No Bid 490 Ohio St., Lockport NY Permission is hereby requested to enter in an agreement with Modern Recycling for the recycling and disposal of tires. This one (1) year agreement also includes four (4) one year extension options. The first year of this agreement would run thru June 30 2014 and would be a total of $56,250.00 1 recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to order the work on the basis of the low bid. Funds for this project are available in 52002606 442100 - Streets. 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 December 4, 2013, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to enter into an agreement for the recycling and disposal of tires with Modem Recycling. This one (i) year agreement also includes four (4) one year extension options. The first year of this agreement would run through June 30, 2014, and would be total of $56,250.00. Funding for this project is available in Account #52002606 442100 - Streets. PASSED AYES 9, NOES 0 NO. 30 APPOINT PARK UTILITY WORKER(STEP 13)(PROV)(FENNEY) Certificate of Appointment Appointment effective: November 12, 2013 in the Department of Public Works, Parks & Streets Division of Parks to the position of Park Utility Worker Provisional, Competitive Starting Salary of $25,100 Patrick Fenney, 146 Dorrance, Buffalo 14218 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF FIRE NO. 31 REQUEST PERMISSION TO TAKE VEHICLE FROM PARKING ENFORCEMENT IMPOUND INTO OUR VEHICLE INVENTORY FLEET FOR FIRE INVESTIGATION UNIT FIRE The Buffalo Fire Department is requesting permission to take a 2000 Ford Expedition 4 -wheel drive vehicle, VIN #1 MPU18LOYB00418 into our vehicle inventory fleet from the Parking Enforcement impound. This vehicle will replace P -519 -F Crown Vic which was involved in an accident and would need a variety of repairs which would be quite expensive. We are requesting permission to scrap P -519 -F Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Fire Department, dated November 25, 2013, be received and filed; and That the Common Council hereby grants permission to the Commissioner of the Fire Department to take a 2000 Ford Expedition 4 -wheel drive vehicle, VIN IFMPU18LOYB00418, into the Fire Department's vehicle inventory fleet from the Parking Enforcement impound. This vehicle will replace P -519 -F Crown Victoria which was involved in an accident and will be scrapped. PASSED AYES 9, NOES 0 FROM THE COMMISSIONER OF PARKING NO. 32 APPOINT ADMINISTRATIVE ASSISTANT (PERM)(MAX)(KIRKER) Certificate of Appointment Appointment Effective: 11/16/13 in the Department of Parking Division of Parking Enforcement to the position of Administrative Assistant Permanent Promotional Maximum Starting Salary of $45,613 Heidi L. Kirker, 351 Potters Road, Buffalo 14220 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE CITY CLERK NO. 33 APPLICATION FOR RESTRICTED USE PERMIT -75 W. CHIPPEWA(12 /13/2013) Copy available for review in the City Clerk's Office Mr. Smith moved: That the above item be, and the above communication from the Office of the City Clerk of Buffalo, dated December 10, 2013, be received and filed; and That the application for a restricted use permit in the downtown entertainment review district to permit entry of patrons under the age of 21 where alcohol is served at an event to occur on December 13, 2013 is approved. PASSED AYES 9, NOES 0 NO. 34 APPLICATION FOR RESTRICTED USE PERMIT -75 W. CHIPPEWA(12 /20/2013) Copy available for review in the City Clerk's Office REFERRED TO THE COMMITTEE ON LEGISLATION NO. 35 APPLICATION FOR RESTRICTED USE PERMIT -75 W. CHIPPEWA(1 /17/2014) Copy available for review in the City Clerk's Office REFERRED TO THE COMMITTEE ON LEGISLATION NO. 36 APPLICATION FOR RESTRICTED USE PERMIT -75 W. CHIPPEWA(1 /31/2014) Copy available for review in the City Clerk's Office REFERRED TO THE COMMITTEE ON LEGISLATION NO. 37 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 140 North St Lenox Grill Flanders Vent LLC 875 Bailey Roy's Place Roy's Place 1472 Hertel Ave Craving Crave Restaurant Buffalo LLC 810 Elmwood Taste of Siam Taste of Siam LLC 447 Main St Hilton Garden Inn Buffalo Downtown Hamister Hospitality NC 739 Elmwood Ave Sato Trand Island Serene Gardens LLC RECEIVED AND FILED NO. 38 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- Deborah Daniel. Ellen Taylor. Kate McKeating. Ronny Blatchford. RECEIVED AND FILED. NO. 39 NOTICES OF APPOINTMENTS - SEASONAL /FLAT I transmit herewith certificates received by me, reporting seasonal and flat salary appointments made in various departments. RECEIVED AND FILED. Certificate of Appointment Appointment Effective: 11/26/13 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 Katherine Ryan, 182 McKinley Pkwy, Buffalo 14220 NO. 40 APPOINTMENTS - TEMPORARY, PROVISIONAL OR PERMANENT I transmit herewith Appointments in the various departments made at the Minimum (Temporary, Provisional or Permanent) (as per contract requirements). REFERRED TO THE COMMITTEE ON CIVIL SERVICE. Certificate of Appointment Appointment Effective: 11/22/13 in the Department of Public Works, Parks & Streets Division of Buildings to the Position of Sr. 1 sc Class Stationary Engineer Temporary as required Open- Competitive Flat starting salary of $15.00 William Gallagher, 194 Culver, Buffalo 14220 Casmir Piwowarski, 74 North Ogden, Buffalo 14206 Certificate of Appointment Appointment Effective: 11/25/13 in the Department of Public Works, Parks & Streets Division of Buildings to the Position of Sr. 1 sc Class Stationary Engineer Temporary as required Open- Competitive Flat starting salary of $15.00 Louis Carbone, 212 Geary St., Buffalo 14210 Dennis Schollard, 41 Kimberly, Buffalo 14220 Certificate of Appointment Appointment Effective: 11/25/13 in the Department of Public Works, Parks & Streets Division of Buildings to the Position of Laborer II Permanent Non - Competitive Minimum starting salary of $23,130 Antonio McKinney, 28 Wholers Ave, Buffalo 14208 Certificate of Appointment Appointment Effective: 11/27/13 in the Department of Public Works, Parks & Streets Division of Buildings to the Position of Sr. 1 sc Class Stationary Engineer Temporary as required Open- Competitive Flat starting salary of $15.00 Bryan O'Connor, 167 Eden St, Buffalo 14220 Certificate of Appointment Appointment Effective: 12/2/13 in the Department of Police Division of Administration & Communication to the Position of Civilian School Crossing Guard Permanent Non - Competitive Minimum starting salary of $10.78 Molly N. Kooshoian, 190 Woodbridge Avenue, Buffalo 14214 Certificate of Appointment Appointment Effective: 12/9/13 in the Department of Police Division of Building Maintenance to the Position of Laborer II Permanent Non - Competitive Minimum starting salary of $23,130 Layonjya Redden, 156 Longnecker 14206 NON - OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON - OFFICIAL COMMUNICATIONS NO. 41 LP CIMINELLI -BOARD PACKET DOCUMENTS DECEMBER 2013 Attached are the following documents from the Joint Schools Construction Board meeting scheduled on December 2, 2013: 1. Agenda 2. Meeting Minutes from JSCB Meeting dated November 4, 2013 3. Phase V Application and Certificate for Payment No. 48 - November 2013 4. Program Packaging and Development Services (PPDS) Provider Update 5. Inclusion Development Associates, Inc. Construction Contract Compliance Monitoring Monthly Report for Phase III Change Order #1 - October 2013 6. Bevlar & Associates Inc. Construction Contract Monitoring and Compliance Services Monthly Report for Addendum 1 Phase V Project - October 2013 7. Compliance & Administrative Services of New York Compliance Monthly Report for Phase V - October 2013 REFERRED TO THE SPECIAL COMMITTEE ON EDUCATION NO. 42 R. FONTANA, D. SMITH - ARTICLE GOV CUOMO ANNOUNCES LOAN FUNDING AVAILABLE TO MODERNIZE NORTH COUNTY MOVIE THEATRES Governor Cuomo Announces Loan Funding Available to Modernize North Country Movie Theaters Loan fund to supplement community fundraising efforts and help local theaters go digital Governor Andrew M. Cuomo today announced that $400,000 in funding is being made available for the North Country Regional Economic Development Council (NCREDC) Digital Film Conversion Loan Fund to help small theaters in the North Country convert projection equipment to digital technologies. The short -term loan fund will be administered by Development Authority of the North Country (DANC) and will be an added resource for theaters, in addition to the community fundraising efforts already underway. "Across the Adirondacks, movie theaters have been struggling to take on costly upgrade projects to stay in business," Governor Cuomo said. "Faced with this reality, businesses and community leaders came together through the regional council initiative to create the Digital Film Conversion Loan Fund, which will help small -town cinemas in the North Country modernize their equipment and remain competitive. This is another example of how public - private partnerships are helping to promote economic growth in communities across the state." In June, the North Country Regional Economic Development Council (NCREDC), through Empire State Development, approved the reassignment of 2012 funds for a previously identified priority. Those funds were redirected to support the "Go Digital or Go Dark" Campaign, an initiative of the Adirondack North Country Association (ANCA) and the Adirondack Film Society working together to ensure the future of small community movie theaters. The Digital Film Conversion Loan Fund will help bridge the funding gap so theaters can convert to digital before 35mm film is no longer available. As remaining funds are raised and upgrade projects are completed, DANC will relend the funds to businesses across the region for start -up or expansion projects. In addition to the loan fund, the Adirondack Film Society and the Adirondack North Country Association (ANCA) have led community fundraising efforts to save 10 theaters in the region through its "Go Digital or Go Dark" campaign. In just two months, its efforts have brought in enough funds to save three local theaters. ANCA is helping to coordinate a community based campaign as well as outreach to major donors. Empire State Development President, CEO & Commissioner Kenneth Adams said, "ESD is pleased to support the creation of this loan fund that will help keep local theaters open for business. Thanks to the efforts of the Governor's North Country Regional Council, DANC and ANCA, the issue of digital conversion has been elevated as a priority, allowing these small cinemas the opportunity to make the necessary upgrades and remain a community staple." Senator Betty Little said, "Securing this funding to help upgrade movie theaters in the North Country is another example of how government, local businesses, and community leaders can come together to create new opportunities and the potential for economic growth. We are grateful that Governor Cuomo has acknowledged and addressed the needs of these main street establishments. This loan and the community efforts led by the Adirondack Film Society and ANCA will breathe new life into these small businesses." Michelle L. Capone, Director of Regional Development for the Development Authority of the North Country, said, "The Authority is pleased to be partnering with New York State and the Regional Council to provide assistance to our region's small theaters to maintain their long -term viability in our communities." Kate Fish, Executive Director of ANCA, said, "This project has demonstrated, yet again, the strength of our North Country communities as they have rallied to save their main street theaters. From the start of this project with the support of Adirondack Bank, Community Bank, Kinney Drugs and Stewart's Shops, all regional businesses, and the creative efforts of local film makers to create a compelling movie trailer, to the efforts of community leaders and philanthropists to raise the funds through challenge grants and personal donations, these theaters are being saved. Donations from across the country solidify the importance of these theaters to community members, seasonal residents, and tourists alike. Tupper Lake's State Theater is undergoing digital conversion right now, thanks to an overwhelming response from the tight knit community. This loan fund will help theaters bridge the gap between funds raised and the total cost of conversion. The "Go Digital or Go Dark" campaign is a true testament to the strength of grassroots efforts and community spirit in the North Country. ANCA has been gratified by the level of support that we see across the region for this project and by the State's investment in the form of this loan fund." "This is a perfect example of how the Regional Council system is allowing the North Country to address its special needs," said Garry Douglas, President of the North Country Chamber of Commerce and Co -Chair of the North Country Regional Economic Development Council. "In small communities across the region, we still have a number of independent cinemas which are a special part of their downtowns and their quality of life. Many of these are operated by dedicated owners, committed to their communities. But without some help for these owners in making this very costly conversion, we will lose these community assets forever. This new loan fund is part of the solution, along with the fundraising efforts being led by ANCA. "Governor Cuomo recognizes that New York State's economic renaissance depends as much on the vitality of its villages, towns and rural communities as it does in its large cities. Movie theaters are 'Main Street' anchors across the North Country and add to the quality of life and community spirit that we want to sustain," said Anthony G. Collins, president of Clarkson University and Co -Chair of the North Country Regional Economic Development Council. "We applaud the Adirondack North Country Association and Adirondack Film Society for coordinating private community -based fundraising efforts with the theaters and the partnership with the Development Authority of the North Country to provide a viable financing strategy for these small business owners." REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT. NO. 43 R. FONTANA, D. SMITH - ARTHICLE THEATRE UPGRADES $400,000 Press Republican Business: $400,000 available for theater upgrades ALBANY -- The state has allocated $400,000 for the North Country Regional Economic Development Council's Digital Film Conversion Loan Fund. The money will help small theaters in the North Country convert projection equipment to digital technologies. The short -term loan fund will be administered by Development Authority of the North Country and will be an added resource for theaters, in addition to the community fundraising efforts already underway. PUBLIC - PRIVATE EFFORT "Across the Adirondacks, movie theaters have been struggling to take on costly upgrade projects to stay in business," Gov. Andrew Cuomo said in a press release. "Faced with this reality, businesses and community leaders came together through the Regional Council initiative to create the Digital Film Conversion Loan Fund, which will help small -town cinemas in the North Country modernize their equipment and remain competitive. "This is another example of how public - private partnerships are helping to promote economic growth in communities across the state." MONEY REDIRECTED In June, the North Country Regional Economic Development Council, through Empire State Development, approved the reassignment of 2012 funds for a previously identified priority. Those funds were redirected to support the "Go Digital or Go Dark" Campaign, an initiative of the Adirondack North Country Association and the Adirondack Film Society working together to ensure the future of movie theaters in small communities. The Digital Film Conversion Loan Fund will help bridge the funding gap so theaters can convert to digital before 35mm film is no longer available. As remaining funds are raised and upgrade projects are completed, the Development Authority will re -lend the funds to businesses across the region for startup or expansion projects. COMMUNITY FUNDRAISING In addition to the loan fund, the Adirondack Film Society and the Adirondack North Country Association have led community fundraising efforts to save 10 theaters in the region through its "Go Digital or Go Dark" campaign. In just two months, its efforts have brought in enough funds to save three local theaters. ANCA is helping to coordinate a community -based campaign, as well as outreach to major donors. Empire State Development President, CEO and Commissioner Kenneth Adams said his agency "is pleased to support the creation of this loan fund that will help keep local theaters open for business. Thanks to the efforts of the governor's North Country Regional Council, DANC and ANCA, the issue of digital conversion has been elevated as a priority, allowing these small cinemas the opportunity to make the necessary upgrades and remain a community staple." Sen. Betty Little said the funding effort "is another example of how government, local businesses and community leaders can come together to create new opportunities and the potential for economic growth. "We are grateful that Governor Cuomo has acknowledged and addressed the needs of these main street establishments. This loan and the community efforts led by the Adirondack Film Society and ANCA will breathe new life into these small businesses." ANCA Executive Kate Fish said the project "has demonstrated, yet again, the strength of our North Country communities. "From the start of this project, with the support of Adirondack Bank, Community Bank, Kinney Drugs and Stewart's Shops, all regional businesses and the creative efforts of local filmmakers to create a compelling movie trailer, to the efforts of community leaders and philanthropists to raise the funds through challenge grants and personal donations, these theaters are being saved. "Donations from across the country solidify the importance of these theaters to community members, seasonal residents and tourists alike," she said. Tupper Lake's State Theater is undergoing digital conversion now, she noted, "thanks to an overwhelming response from the tight -knit community. "This loan fund will help theaters bridge the gap between funds raised and the total cost of conversion." REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 44 D. FRANZCYK -SR. M. JOHNICE-I M PROVE M ENTS BLDG BEHINE ST. ADALBERT'S Dear Mr. Franczyk and Mr. Helfer I am happy to say we purchased the school building behind St. Adalbert's and for the last year have been making major capital improvements on the building and grounds at Response to Love Center to better serve the community at large. One of the improvements is a full sized elevator and entrance ramp. This improvement is so air people can access our building whether in a wheel chair, walker or power chair. That said; we would like to proceed in designating a restricted or no- parking area on Rother St. directly in front of the access ramp so our clients can easily enter the building. Currently there is alternate parking on Rother St. On Mondays, Tuesdays and Wednesdays there is a problem with our people gaining entrance to the new ramp for both the wheel chair bound and people making donations and pick -ups as that door is used for both. Please advise as to the steps we need to take to designate about 200 feet of sidewalk and roadway as a no parking area so our handicapped clients don't have to fight parked cars and deal with double parking hazards. I have included a few photos showing the ramp and how people are parking. This is causing a safety concern, as you can see a car, van or truck would need to block the roadway to unload passengers or supplies and donations. Thank you for your consideration and God Bless you. Sr. M. Johnice CSSF REFERRED TO THE COMMISSIONERS OF PARKING AND PUBLIC WORKS NO. 46 J. GOLOMBEK- ARTICLE COMPTROLLER WANTS NON - PROFIT TO TAKE OVER CITY'S HOME REPAIR PROGRAM Dear Mr. Chwalinski: Please file the attached newspaper article from December 1, 2103, titled: "Comptroller wants nonprofit to take over city's home repair program" and send to the appropriate committee for discussion. Your assistance is greatly appreciated. Sincerely, Joseph Golombek, Jr. North District Councilmember Comptroller wants nonprofit to take over city's home repair program Funds for home repairs still stalled in City Hall Two years ago, Betty Hathcock applied for a loan to repair her leaky roof on Laurel Street on Buffalo's East Side. Despite her frequent calls to the city, she is still waiting. If the roof had been fixed, it would have prevented other problems in her home that now must be repaired, and she wouldn't have to leave her oven on - like she did last week - in order to thaw the pipes that freeze in her kitchen. "Right now, I'm just up in the air," she said. Hathcock is just one applicant who has been waiting for years for home repair funds to come through, and construction to be completed. The Buffalo News reported in early October about delays in processing emergency home repair and home rehabilitation loans. At the time, only three repairs had been completed. Today, 19 repairs have been completed - representing only about lo percent of the applications that have been filed in the last two years - according to the Buffalo Urban Renewal Agency. Though BURA contends it is making significant progress in closing loans, Comptroller Mark J.F. Schroeder is fed up. He's calling on the Brown administration to take the program out of City Hall and give more responsibility to a nonprofit organization that already does much of the work, saying he is "very troubled" by City Hall's delays in getting loans out to people who need them. According to Schroeder's staff, they have been asked to pay contractors for only four of the loans. About 75 percent of the program is administered by Belmont Housing Resources for Western New York, and in an interview earlier this fall, Mike Riegel, Belmont vice president, said he would prefer that Belmont run the entire program. In a Nov. 18 interview, Riegel said that Belmont had expected to be processing many more applications than the number it has received from the city so far. "I think BURA was being optimistic thinking the logjam would open soon," he said. In a letter to Mayor Byron W. Brown two days later, Schroeder said the program delays are happening in the 25 percent of the program that BURA controls, and the city should turn as much of the program as possible over to Belmont, while retaining some oversight. "Unfortunately, at least two Buffalo homeowners have passed away waiting for their loans to be processed, and many more have complained to me about the delays and uncertainty plaguing the program," Schroeder wrote. The federally funded program provides low- interest or forgivable loans for low- income city residents for repairs so people can continue to live in their homes. Brendan Mehaffy', executive director of the city's Office of Strategic Planning, which oversees BURA, said that transferring the entire program to Belmont would cause further delays in getting the repairs completed. "The experience of the staff we have cannot be replaced," Mehaffy said. "We are finally on the cusp of having a system that is at least stable." He didn't rule out re- evaluating the division of labor once the current requests for repair loans have been satisfied, but said there are some responsibilities the city would not be able to turn over to a nonprofit agency. Of 202 loan applications that have been filed in the last two years: • 19 repairs have been completed; • 20 repairs are being scheduled; • 19 construction loan closings are being scheduled; • 69 are in later stages leading to loan closing; • 27 are on hold because the applicant is late on city bills; • 48 will be processed over the next month. The U.S. Department of Housing and Urban Development forced changes in the way the city processes the funds, which slowed down the program, and these delays aren't typical, Mehaffy said. "I think now the pace has certainly picked up in terms of the amount of work that we're doing," he said, adding that checking to see if applicants still comply with income regulations and are current on their city bills takes time. The emergency home repair program is the most complicated HUD program that the city administers, he said. The city has about $4 million yet to be allocated in this program. Mehaffy said he hopes to open it up to new applicants soon. Schroeder, however, also raised concerns about a recent independent audit of BURA, the agency handling the loans. The audit, conducted by Dansa & D'Arata, found three deficiencies in BURA's accounting practices in 2013. Mehaffy noted that one was brought to auditors' attention by BURA staff, and two others will be corrected. "Would it be better if there were no findings? Yes. Are these all correctable? Yes. Are we taking steps to correct them? Yes," he said. One concerned a high volume of journal entries that had to be adjusted, and Mehaffy said BURA will add a staff member to address this issue. Auditors also "noted deficiencies in BURA's overall control environment," adding that the agency lacks day -to -day management and oversight. They recommended that the agency "hire an executive director immediately and add an appropriate number of full -time accounting staff within the next fiscal year to maintain proper oversight and management." BURA committed to filling the positions before June 30, 2014. The third finding focused on inflated assessments of land and buildings owned by the agency, which was brought to auditors' attention by BURA. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 46 J. GOLOMBEK -ERIE BASIN MARINA SLIP HOLDERS ASSOC -RFP PROCESS Dear Mr. Chwalinski: Please file the attached correspondence from John Dailey of the Erie Basin Marina Slip Holders Association and send to the appropriate committee for discussion. Your assistance is greatly appreciated. Sincerely, Joseph Golombek, Jr. North District Councilmember The Erie Basin Marina Slip - Holders Association has formed a Steering Committee in the interest of the Tenants of the Erie Basin Marina for the sole purpose of being involved in the Request For Proposal Process for Erie Basin Marina Dockage and Services. The Slip - Holders of the Erie Basin Marina have millions of dollars of assets at stake. The Slip - Holders have a vested interest in the dockage and services that are provided. The Association has been involved in the processes involving Erie Basin Marina dockage and services in the past. It is critical that the Association continues this working relationship with the City of Buffalo and the Marina Operators. The Steering Committee is requesting a formal meeting to discuss the concerns and expectations of the Slip - Holders with regard to dockage and services provided by the City of Buffalo All involved parties from the City of Buffalo personnel will be expected to be in attendance. Please advise as to your preferred date, time, location, and the names of the attendees that will represent the City of Buffalo The Erie Basin Marina Steering Committee has 18 members and will have adequate representation at the meeting. This meeting must be held expeditiously as the Request For Proposal has been administered to date with no input from the Slip- holders Association. The Meeting Agenda is attached below. Thank you in advance for your timely acknowledgement to this request. John E. Dailey Erie Basin Marina Slip - Holders Association Preliminary Agenda - 1. Introductions - All 2. Purpose of the Meeting - Steering Committee Representative 3. Request For Proposal Process and Timing - City 4. Review of Historical Costs for Services at the Marina - City Slip Rentals (cost for each type /size dock). Man -hours associated with administration of Dock Assignments /Rental Agreements /Communications. Man -hours associated with Transient Slip Assignment /Greeting /Assistance. Man -hours associated with Dock Maintenance (Utility Pedestals, Electrical Wiring, Water Piping, Dock Fingers, Boards, etc.). Man -hours associated with Grounds Maintenance (Security, Parking /Sidewalks, Parking Enforcement, Lighting, Trash Removal, Launch Ramp, Dry-dock, Ships Store /Fuel /Pump -out, Restrooms, Tower, Boardwalk, Grass, Flowers /Shrubs /Tree's, Snow Removal, etc.). 5. How wilt the Bidders ability to provide the above services be validated prior to acceptance? - City 6. How will emergency repairs (pump -out, fuel pumps, facilities /restrooms, utility outages, etc.) be addressed in a timely (within 24 hours) manner? Who from the City will have accountability /authorization /approval authority for emergency repairs? 7. Who from the City will have accountability to provide day to day oversight of the Marina operations contractor? How will Marina operations contractor performance be evaluated? How often? 8. Who will assess the capital improvements needed at the Marina to maintain safe and reliable operation? How will the required capital improvements be funded? The Marina is aging and is overdue for significant improvements and repairs (re- decking, dock fingers loose and unsafe, electrical issues, pump out replacement, etc.) 9. Floating Docks ownership /future availability - City 10. Impact of Services Contract on Erie Basin Marina Slip- holders Rent - City 11. Transition and Training - City 12. Proposal process progress reporting /future meetings with Erie Basin Slip- holders Association Steering Committee 13. Question and Answer - All REFERRED TO THE COMMITTEE ON FINANCE NO. 47 K. JOHNSON- PROPOSED LOCAL LAW 1, 2013 - ESTABLISHING A 6 ME MORATORIUM ON THE USE OF LAND AND THE REVIEW /ISSUANCE OF ANY AND ALL PERMITS, CERTIFICATES, LICENSES, AND APPROVALS FOR THE CONSTRUCTION, USE, OR OPERATION OF PAWN SHOPS AND /OR COLLATERAL LOAN BROKERS IN THE VILLAGE OF KENMORE. Dear Mr. Chwalinski, Enclosed, please find the following in connection with the above referenced matter: 1. Proposed Local Law #1, 2013 This information is being forwarded to you in accord with Section 7- 706(2) (a) of the New York State Village Law. If you should require any additional information, please contact this office at 873 -5700. Very truly yours, KATHLEEN P. JOHNSON Clerk/Treasurer RECEIVED AND FILED NO. 48 PROPOSED LOCAL LAW 2, 2013 - AMENDING THE VILLAGE OF KENMORE ZONING CODE TO ESTABLISH REGULATIONS FOR THE DEVELOPMENT OF AMATEUR (HAM) RADIO ANTENNAS. Enclosed, please find the following in connection with the above referenced matter: 1. Proposed Local Law #2, 2013 2. EAF This information is being forwarded to you in accord with Section 7- 706(2) (a) of the New York State Village Law. If you should require any additional information, please contact this office at 873 -5700. REFERRED TO THE CITY PLANNING BOARD NO. 49 J. LEE - CONCERNS 100 FOREST ETC. To: Gerry Chwalinski, City Clerk Please file the attached comments provided by James Lee at the public hearing on 11/26/13 regarding the rezoning of 100 Forest et al., CCP #36, 11/12/13. Tuesday November 26, 2013 2 PM Council Chambers 13th Floor City Hall Buffalo Common Council Hearing on Re -Zone of 100 Forest Ave to R4 for the "The Grove" Campus Crest, student housing project James Lee 30 Dart St. Buffalo, NY 14213 7t6- 884 -3056 1. For such a large project, this hearing should have been much better advertised than the single tiny notice in the Buffalo News classified ads. When I attended the Nov. 19 Planning Board meeting I was very surprised and disappointed to hear that this project had already been discussed by a meeting of the Preservation Board and a previous meeting of the Planning Board. For such a large project, there should have been much better public notice. 2. And I strongly request that any other Common Council hearing on this topic be held at a time when folks can attend without missing work. 3. 1 further ask that today's hearing on this matter be postponed until a well - advertised second public meeting is held. The Planning Board, in its Nov. 19 meeting, made such a second neighborhood meeting a condition to be met before the developer returns to the Planning Board. Is there any information about when and where that second public meeting will be and who will send notices and how wide the geographic area that will get those notices 4. As to the location of this proposed project, I think it is incredible that this laboratory and manufacturing site that was developed with public funds and tax credits with the goal of job creation be demolished, and its potential for future jobs lost; It is a literally "clean" site where the workers wore white uniforms, gloves and hair nets used to produce pharmaceuticals. This site should be marketed and promoted to fulfill its purpose of job creation. 5. 1 also cite efforts by "D" District police and We t Side Youth Development Coalition and the block club of that area with problem students and landlords in the neighborhood off Forest Ave in the fall of 2013 and earlier. For several years problems have existed on Forest, Baynes, Bird and nearby streets with rowdy student behaviors. 'And the continuing stories, such as the feature story in the Nov. 17 Buffalo News about long time student related problems of drunkenness, rowdiness, crime and public vomiting & urination on private properties in the LIB South Campus neighborhood which has driven our large numbers of home owners and left it largely a neighborhood of rental properties. °My part of Forest Ave is a very stable, working class neighborhood that is "hanging on" despite all the changes happening around us, There are several small business Owners living in the neighborhood and a majority of long time home owning residents. Our stable working class neighborhood filled with majority of folks who are committed, with generations deep roots, to this area and the city of Buffalo; who could be living anywhere else (i.e. the "suburbs ")could be driven out by similar student related problems if this "Grove" project is allowed to be built., 6. There are many details that folks have about this proposal that need to be answered; 24 hour on site security (similar as to what was imposed on the student housing off campus near LIB North) 'Community Center stays open later than 10 PM on weekends (1:00 AM ? ? ?) so that students are not "released" into the neighborhoods at 10 PM on weekends. 'What are the rules on alcohol consumption on the premises 'To avoid rodents, city issued totes should be utilized 'Lighting should not glare into residential houses, nor create shadows for criminals to hide in. 'Landscaping should not cover first floor windows (this is to avoid creating hiding spot for criminals) 'Neighbors /community would like a copy of the Code of Conduct and sanctions for violations of the code 'Is the Community room going to be available to community groups for meetings, etc? 'The Neighbors /Community needs to be updated in a timely fashion on any substantial changes, additions, or problems with the facility. Perhaps invite the Property Manager to join the various business and civic organizations in the neighborhood. 'Will the barriers on West Ave. be removed between Forest Ave. and Tonawanda St. so that West Ave. can again be used as a public through street. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 50 D. PRIDGEN - MEMORANDUM FERAL AND COMMUNITY CAT REGULATION I would like to file the attached suggestions, from the Cat Task Force, for Buffalo Common Council. Sec. # #. # #. FERAL AND COMMUNITY CAT REGULATION WHEREAS, a local law addressing feral and community cats will reduce the population of free - roaming cats, reduce annoyance caused to some people by feral or community cats, positively affect the health and welfare of feral and community cats, and reduce the problems sometimes associated with feral or community cats; and WHEREAS, the trap- neuter - vaccinate - return (TNVR) method is the only proven mechanism to stabilize and /or reduce existing feral and community cat populations and address potential disease concerns; and WHEREAS, the City of Buffalo endorses TNVR policies as the model to stabilize and /or reduce existing feral and community cat populations, which would address potential disease concerns and increase the quality of life for both the citizens of the City of Buffalo as well as the feral and community cat populations; and WHEREAS, a citizen task force has been convened to discuss and research the underlying issues surrounding feral and community cats; and WHEREAS, public concerns expressed were primarily focused on the fact that some City residents are concerned about the presence of feral and community cats in the neighborhoods, but most recognize that TNVR provides a proven mechanism to manage and control feral and community cat populations; and WHEREAS, recent research shows that when TNVR is not possible, leaving the feral and community cat population undisturbed provides the best alternative; and WHEREAS, approval for an effective TNVR program with the alternative of leaving the feral and community cat population undisturbed when TNVR is not possible is desirable; and WHEREAS, it is in the best interest of the City of Buffalo to protect the health, safety, and welfare of feral and community cats as well as City residents by setting the following standards for management of feral and community cats. THEREFORE, be it resolved by the City of Buffalo that the following regulations be adopted: Subd. 1. Definitions. For the purpose of this Section: A. "At Large" means not confined, outside an area of escape such as a pen, corral, yard, cage, house, vehicle, or other secure enclosure, unless otherwise under appropriate human control. B. "Colony" means a group of one or more community cats. C. "Community Cat" means any cat that is: (1) Homeless, stray, or at large, where the cat: a. has been socialized to people, or is less than five weeks old; b. could become feral as connection with humans is farther removed; and c. in the case of cats older than five weeks, has a good potential to quickly become socialized once again; or (2) Feral, where the cat: a. is not socialized towards humans; i. is born in the wild or is the offspring of an owned cat; or ii. is a formerly owned cat that has been abandoned; or (3) A cat who lives in the community but is not owned by a human, sometimes referred to as a "free- roaming" or "street" cat. D "Ear Tipping" means a straight -line cutting of the tip of the left ear of a cat while the cat is anesthetized. E. "Neuter" means to permanently sterilize male cats to render them incapable of impregnating female cats by means of either surgery performed to remove the reproductive organs or chemical sterilization by which the cats are injected with a drug approved by the United States Food and Drug Administration for that purpose. F. "Spay" means to permanently sterilize female cats to prevent estrus (heat) cycles and eliminate their ability to become pregnant by means of either surgery performed on an animal to remove the ovaries and uterus or chemical sterilization by which female animals are injected with a drug approved by the United States Food and Drug Administration for that purpose. G. "Sterilize" means to spay or neuter a cat. H. "Trap, Neuter, Vaccinate, and Return Program" or "TNVR" means a program in which community cats are humanely trapped, evaluated, vaccinated, sterilized, and ear tipped by a veterinarian and returned to the trap location with the intent of controlling or reducing feline population and reproduction. I. "Veterinarian" means a person licensed to practice veterinary medicine in the State of New York. Subd. 2. General Policy- A. TNVR of community cats shall be legal in the City of Buffalo and interested citizens are encouraged to participate in and support TNVR activities on a voluntary basis. All persons who attempt to trap community cats for TNVR in the City of Buffalo should be familiar with the guidelines espoused by regional and national feral and community cat organizations and the American Veterinary Medical Association (AVMA) regarding appropriate methods of TNVR. C. Socialized cats and all kittens subject to TNVR shall be eligible to be, but not mandated to be, re- socialized and put up for adoption. D. It shall not be a violation of this section to determine that the best course of action for a particular cat, or cat colony, is to be left alone. Subd. 3. Implementation. The City of Buffalo shall implement, administer, and enforce this Section in consultation with experts. Sudb. 4. Severability. Should any section or provision of this ordinance be declared by a court of competent jurisdiction to be invalid, that decision shall not affect the validity of the ordinance, other than the part declared to be invalid. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 51 D. PTIDGEN -J. JEDICKS - GENERAL MILLS APPLICATION Buffalo Common Council Committee on Legislation City Hall Buffalo. NY 14213 Dear Chairman Pridgen: Buffalo Niagara Riverkeeper requests your action to reject General Mill's application to erect a fence on South Michigan Avenue. If approved, this action would restrict access to a public right of way, as well as eliminate the only public viewing access of the City Ship Canal on Kelly Island. In the recent past, General Mills blocked access to the South Michigan Avenue bridge without prior approval from the City of Buffalo, only to have been granted permission aider the fact. and therefore never allowing for an appropriate public process or engagement on such a decision. The City Ship Canal, like the Buffalo River, is a federally maintained navigable waterway, that is a public trust resource to the citizens of Buffalo. Buffalo Niagara Riverkeeper. and members of the Old First Ward and Valley communities, oppose any further action that would prohibit the public access to our waterways on or through publicly -owned property. We believe there are alternatives that can be pursued that will both alleviate the security concerns of General Mills, and still allow for public access to a historically significant section of the City of Buffalo. Protecting access to the Buffalo River and City Ship Canal corridor is critical to the future economic impact of industrial and natural heritage tourism in Buffalo. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 52 MEMORANDUM D. SMITH - ARTICLE RAISE THE AGE CRIMINAL RECOGNITION IN NY I would like to file that attached information for the next Common Council meeting to be held on Tuesday December 10, 2013. Thank you. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 63 D. SMITH- ARTICLE ASSEMBLY INTRODUCES LEGISLATION EST JUNE PRIMARY ELECTION I would like to file that attached information for the next Common Council meeting to be held on Tuesday December 10, 2013. Thank you. REFERRED TO THE COMMITTEE ON LEGISLATION PETITIONS NO. 54 J. ABULMAJID, OWNER, USE 900 KENSINGTON, FOR EATING AND DRINKING ESTABLISHMENTS IN THE KENSINGTON /BAILEY BUSINESS DISTRICT(HRG 12/17)(UNIV) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 55 M. CHELLEY, OWNER, USE 1238 HERTEL -RE -OPEN EXISTING RESTAURANT IN THE HERTEL AVE SPECIAL ZONING DISTRICT(HRG 12/17)(DEL) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 56 C. MCCAFFREY, AGENT, USE 301 FRANKLIN FOR A PROJECTING SIGN OVER CITY ROW(ELL)(HRG 12117) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 57 J. SMITH, OWNER, USE 739 ELMWOOD -TO RE- ESTABLISH AN EXISTING RESTAURANT IN THE ELMWOOD AVE BUSINESS DISTRICT(DEL)(HRG 12/17) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 58 D ZULKARNAIN & O -BAD CONDITIONS OF SOBIESKI STREET We here at the Crescent Village Community around Sobieski street are home and business owners. For several years Sobieski St. and Sweet St around the cross streets of Sycamore and Stanislaus St. have developed ruts and potholes. Below is a snapshot with arrows pointing to the affected streets. This problem is affecting those that drop their kids off to school as well as anyone attending any religious programs. Both Day School and Religious center are located on these streets. The poor conditions are a major concern and many community members have seen damage to their vehicles with the overtime wear and tear. We ask that the city repair the damage streets at the street department's earliest convenience. In leading this effort, I, Dr. Zulkharnain can be reached at 716 - 472 -6567 or drzulkharnain @yahoe.com. Thank you very much for your time. REFERRED TO THE COMMISSIONER TO THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO. 59 V. CHANDLER & O- OPPOSE CONSTRUCTION OF DEACONESS HEIGHTS MEMORANDUM I would like to file the attached information for the next Common Council meeting to be held on December 10, 2013. Thank You, Darius G. Pridgen Ellicott District Council Member REFERRED TO THE COMMITTEE ON LEGISLATION REGULAR COMMITTEES CIVIL SERVICE (BONNIE E. RUSSELL, CHAIRPERSON) NO. 60 APPOINT BUILDING INSPECTOR (PERM)(FIFTH STEP)(PICCOLO)(EDPI) (CCP# 47,11/26) Mrs. Russell moved That Communication 47 of November 26, 2013, be received and Filed and that the Permanent appointment of Michael Piccolo, 230 Heath Street, Buffalo, NY 14214 at the fifth step Of $55,508.00 is hereby approved PASSED AYES -9 NOES -0 NO. 61 NOTICES OF APPOINTMENTS - TEMP /PROV /PENN CCP# 47, 11/26 Mrs. Russell moved: That the above item be the same and hereby is Received and Filed ADOPTED COMMUNITY DEVELOPMENT (JOSEPH GOLOMBEK, JR., CHAIRMAN) NO. 62 LAND DISPOSITION AGREEMENT BETWEEN THE CITY OF BUFFALO, BUFFALO NEIGHBORHOOD REVITALIZATION CORPORATION (BNRC) AND AD PRICE III LLC (ELL)(STRAT PLAN) (ITEM NO. 11, C.C.P., NOV. 26, 2013) Mr. Golombek moved: That the above item be, and the same hereby is, returned to the Common Council with a recommendation for approval; That the Common Council hereby approves the Land Disposition Agreement ( "LDA ") between the City of Buffalo and the Buffalo Municipal Housing Authority ( "BMHA ") (or an entity designated by the BMHA to develop twenty -four (24) city -owned parcels for a purchase price of $56,400.00 and ten (10) parcels owned by the Buffalo Neighborhood Revitalization Corporation ( "BNRC ") for a purchase price of $21,400.00 for a total of thirty -four (34) parcels in the amount of $77,800.00; That the Common Council hereby approves the BMHA's designation of AD Price III, LLC ( "Developer ") (or an entity acceptable to the Executive Director of the City's Office of Strategic Planning to be designated by the BMHA) as the designated developer, provided the following conditions are satisfied: 1. Submission by the Developer of a detailed site plan for the subject properties and overall project for approval by the City of Buffalo Planning Board (if necessary) and construction plans, including landscaping and a breakdown of estimated total project costs, for review and approval by the City. 2. Submission of a colored rendering of the properties suitable for presentation to the City Common Council which shall be submitted prior to the Common Council approval of a Land Disposition Agreement. 3. Submission of monthly progress reports by the Developer to the Office of Strategic Planning, Division of Real Estate. 4. Submission by the Developer of evidence of equity capital and mortgage financing necessary for the completion of the project which shall be submitted prior to closing. 5. Payment of a designation fee of Five Hundred Dollars ($500.00) per month by the Developer to the City, payable within five (5) days from the date of Common Council approval of the designation and due thereafter the first day of every month. In the event the Developer shall decide to move forward and take subsequent steps to formally acquire the properties pursuant to the Land Disposition Agreement (LDA) to be negotiated by Developer and the City, said designation fee shall be applied as a credit towards the purchase price. In the event the Developer shall not proceed with the development of the properties within the designation period or in the event a mutually satisfactory LDA cannot be agreed upon, the Developer shall forfeit all fees paid on account and the City shall retain all such fees, and the Developer shall have no further rights with respect to the properties. 6. Developer is responsible for performing soil borings and soil investigations, and subject to prior execution and compliance with written Access, Indemnification and Insurance Agreement(s) between the City of Buffalo and each and every Contractor hired by the Developer that will access the properties, for the purpose of determining, to Developer's satisfaction, the suitability of the site for its intended use, and the presence or absence of hazardous substances as such term is used in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended (C.E.R.C.L.A.) 42 USC ss 9601 et seq.: The Hazardous Materials Transportation Act, as amended, 49 USC ss 1801 et seq.: The Resource Conservation and Recovery Act, as amended 42 USC ss 6901 et seq.: Articles 15 mad 27 of the New York State Environmental Conservation Law or any other federal, state, or local law, regulation, rule, ordinance, by -law, policy guidance, procedure, interpretation, decision, order, or directive, whether existing as of the date hereof, whether previously enforced or subsequently enacted. The Access Agreement(s) and evidence of insurance saving the City of Buffalo harmless from any and all liability must be approved as to form by the City of Buffalo's Corporation Counsels Office and signed by the City of Buffalo prior to any and all contractors accessing the Properties. 7. Developer, or entity to be designated by the Developer, agrees to sign a full Environmental Release and Indemnity Agreement releasing the City of Buffalo from any and all liability, said document to be in form and substance acceptable to the City in the City's sole discretion. 8. The successful negotiation of a LDA for approval by the Common Council shall be no later than twenty -four (24) months from the date the Common Council approves the designation. 9. Upon signing of the LDA, there shall be a payment by the Developer to the City a non - refundable deposit in the amount of ten percent (10 %) of the purchase price. 10. Individuals and /or corporations having outstanding taxes, water bills, parking tickets, user fee and /or demolition liens or any other liens or debts owed to the City of Buffalo, or if code violations exist on any property owned by them are ineligible for designation. 11. The City of Buffalo may terminate the designation should the Developer fail to meet any of the deadlines, terms and conditions set forth above. Should the City elect to terminate this designation on or before the end of the designation period for failure by the Developer to comply with the above conditions, the City will give written notice to the Developer via certified mail and allow the Developer two (2) weeks to cure. 12. The designation shall expire twenty -four (24) months from the date the Common Council approves the designation. 13. The designation and the LDA shall be subject to any and all other terms and conditions that the City of Buffalo Corporation Counsel's Office deems necessary. 14. The terms and conditions of the final LDA shall be substantially similar to those outlined in the LDA previously submitted. The final draft of the LDA shall be negotiated to finalization and subject to review and approval of the Executive Director of the City's Office of Strategic Planning and the City of Buffalo Corporation Counsel's Office. The Common Council further: 1. Approves amending the designation for the development of thirty -four (34) properties (24 city -owned in the amount of $56,400.00 and 10 parcels owned by BNRC in the amount of $21,400.00) to the development of thirty -two (32) parcels (22 city -owned in the amount of $49,100.00 and 10 BNRC parcels in the amount of $21,400.00). The properties to be omitted are 422 and 426 William in the amount of $7,300.00. 2. Approves the LDA between the City of Buffalo, BNRC and AD Price III LLC (or an entity acceptable to the Executive Director of the City's Office of Strategic Planning to be designated by the BMHA) in consideration of $49,100.00 for twenty -two (22) city -owned parcels and $21,400.00 for ten (10) parcels owned by the BNRC for a total consideration of $70,500.00 for thirty -two (32) vacant parcels of land provided the following: a. The Common Council authorizes pertinent City personnel to enter into such agreements and take such steps and actions as shall be reasonably necessary to facilitate the financing of the Project and to generally achieve the purpose and objectives of the LDA. b. The Common Council authorizes the Mayor to execute the LDA between the City of Buffalo, Buffalo Neighborhood Revitalization Corporation and AD Price III LLC in reference to the properties. c. The Common Council authorizes the Office of Strategic Planning, Division of Real Estate, to prepare the necessary documents for the transfer of title, providing all of the conditions of the LDA have been satisfied; and d. The Common Council authorizes the Mayor to execute the deed and any other necessary closing documents for the transfer for title. PASSED AYES -9 NOES -0 NO. 63 AD PRICE III, LLC AND AD PRICE III HOUSING DEVELOPMENT FUND CORP. PILOT (STRAT PLAN) (ITEM NO. 13, C.C.P., NOV. 26, 2013) Mr. Golombek moved: That the above item be, and the same hereby is, returned to the Common Council without recommendation; and That the Common Council hereby authorizes the Office of Strategic Planning to approve a PILOT agreement between the City of Buffalo, the County of Erie, AD Price III LLC and AD Price III Housing Development Fund Corp. AD Price Phase III is the third phase in the multi -phase redevelopment undertaken by the Buffalo Municipal Housing Authority (BMHA) to replace the demolished AD Price Extension units. Phase III will continue the program to replace the 198 original AD Price Extension units of family housing demolished by the BMHA, and will consists of 50 family units using a slightly different building design at Phase I to maintain the continuity of the neighborhood. The units will be built on vacant underutilized lots on Jefferson Avenue, Madison Street, Spring Street and Peckham Street in the Ellicott District. The unit mix will consist of six (6) one - bedroom units, sixteen (16) two - bedroom units, eleven (11) three - bedroom units and seventeen (17) four - bedroom units, and is designed to accommodate residents on the BMHA waiting list. All fifty (50) units will be restricted to households who make at or below 60% of the area median income. The amount of the PILOT payments were calculated based upon the City's PILOT policy that provides for payments m the amount of 3% of the total income, assuming a 5% vacancy. Payments will increase by 3% per year for the duration for the 15 year PILOT. PASSED AYES -9 NOES -0 NO. 64 REPORT OF SALE - 412 AND 414 SYCAMORE AND 7 KANE (ELL)(STRAT PLAN) (ITEM NO. 14, C.C.P., NOV. 26, 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 Loguen Development Corporation in the amount of Nine Thousand Five Hundred Dollars ($9,500.00) for the purchase of 217 West Avenue, be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES -9 NOES -0 NO. 65 REQUEST TO INSTALL FENCE IN CITY ROW- MICHIGAN AVE WEST OF GANSON ST(PW) (COM 13, NOV 12) That the above item be and hereby is referred to the Common Council without a recommendation: Mr. Golombek now moves that the item be Recommitted to the Committee on Community Development ADOPTED. NO. 66 MOBILE FOOD TRUCK -2614 MAIN(MAS)(EDPI) (COM 19, NOV 12) That the above item be and hereby is referred to the Common Council without a recommendation: Mr. Golombek now moves that the item be Recommitted to the Committee on Community Development ADOPTED. NO. 67 TRAILBLAZING SIGN REQUEST FOR KENNETH BULLS SR(SMITH) (C.C.P #95, JULY 10) Mr. Golombek now moves that the above item be Received and Filed. ADOPTED LEGISLATION (DARIUS G. PRIDGEN, CHAIRMAN) NO. 68 T. PARMINGTON, OWNER, USE 2282 NIAGARA FOR MASONRY MANUFACTURING AND STORAGE WAREHOUSES, ADD USE OF WOODEN CANOE AND ADIRONDACK BOAT RESTORATION IN THE NIAGARA RIVER COASTAL DISTRICT (NORTH)(DPIS) (ITEM NO. 60, C.C.P., NOV. 26, 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 511.68D of the City of Buffalo Charter, the Common Council hereby approves the application of T. Farmington, Owner, to add use of wooden canoe and Adirondack guide boat restoration to three (3) one story masonry manufacturing and storage warehouses located at 2282 Niagara in the Niagara River Coastal District is hereby approved. PASSED AYES -9 NOES -0 NO. 69 A. IBRANIM, OWNER, USE 2222 GENESEE STREET FOR A FOOD STORE IN THE GENESEE -E. DELAVAN SPECIAL DISTRICT (LOV)(EDPI) CCP# 61, 11/26 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 A. Ibranim, Owner, to use 2222 Genesee Street for a food store in the Genesee -E. Delavan Special District. PASSED AYES -9 NOES -0 NO. 70 FOOD STORE LICENSE (NEW) - 1146 HERTEL (DEL)(DPIS) (ITEM NO. 39, C.C.P., NOV. 26, 2013) Mr. Pridgen moved: That the above item be, and the Same hereby is, returned to the Common Council without recommendation; That the Commissioner of Permits and Inspections Services is hereby authorized pursuant to Chapter 194 of the City Code to issue a Food Store License to Yasmin Amin d /b /a Jerusalem Halal Market located at 1146 Hertel. WITH THE FOLLOWING CONDITION: No Alcoholic beverages in Store Passed. w /COND AYES -9 NOES -0 NO. 71 ORDINANCE AMENDMENT - SECTION 511 -126 OF ARTICLE XXV OF CHAPTER 511 - USE MAP OF THE CITY ZONING ORDINANCE (ITEM NO. 103, C.C.P., NOV. 26, 2013) Mr. Pridgen moved: That the above item be, and the same hereby is returned to the Common Council with a recommendation that it be approved; That Section 511 -126 of Article XXV of Chapter 511 of the Buffalo City Code is hereby amended as specified in the attached Ordinance Amendment. PASSED AYES - 9 NOES — 0 NO. 72 B. BURRI, AGENT, REZONE 422, 424, AND 426 DINGENS STREET FROM A R -2 RESIDENTIAL DWELLING DISTRICT TO A C -2 COMMUNITY BUSINESS DISTRICT (NORTH)(DPIS) (ITEM NO. 115, C.C.P., NOV. 26, 2013) 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 application of B. Burri, Agent, to rezone 422, 424 and 426 Dingens Street from a R -2 residential dwelling district to a C -2 community business district. The portion of land to be rezoned is described as follows: All that tract or parcel of land situate in the City of Buffalo, County of Erie and State of New York, being part of Farm Lot 148 Y2, Township 10 and Range 7 of the Buffalo Creek Reservation, and being more particularly bounded and described as follows: Beginning at the southeast comer of the property described in Book 9519 of Deeds, Page 551 (Parcel B), said point being on the northerly line of Dingens Street (66 feet wide) and on the division line between the City of Buffalo on the west and the Town of Cheektowaga on the east; thence, North 81 °30'00 West, on the northerly line of said Dingens Street, a distance of 117,09 feet to the point of intersection of said northerly line of Dingens with the easterly line of Cambria Street (60 feet wide), said point also being the southwest comer of lands now of formerly of Sunoco, Inc. (R &M) recorded in Book 11247 of Deeds, Page 3949; thence, North 08 °3700 East, on the easterly line of said Cambria Street, a distance of 125.00 feet to a point on the division line between said lands of Sunoco on the south and lands now or formerly of Marie L. Horn (Book 5149 of Deeds, Page 174) on the north; thence, South 81 °30'00 East, on said division line and parallel with the northerly line of said Dingens Street, a distance of 116.68 feet to a point on said division line between the City of Buffalo on the west and the Town of Cheektowaga on the east; thence, South 08 °25'50 West, on said division line, a distance of 125.00 feet to the Point of Beginning. Said parcel containing 0.336 acres, more or less, and also includes the lands now or formerly of Sunoco Inc. (R &M) described in Book 11232 of Deeds, Page 9051 filed in the Erie County Clerk's Office, and as shown on a map prepared by Bergmaun Associates entitled "Property Map Sunoco, Inc., 422, 424, 428 & 432 Dingens Street ", drawing number CM -1, dated August 26, 2013, last revised on September 30, 2013, said map to be filed in the Erie County Clerk's Office. PASSED AYES -9 NOES -0 NO. 73 FOOD STORE LICENSE(NEW) -2766 BAILEY(MAS)(EDPI) (COM 49, NOV 12) That the above item be and hereby is referred to the Common Council without a recommendation: Mr. Pridgen now moves that the item be Recommitted to the Committee on Legislation. ADOPTED. NO. 74 FOOD STORE LICENSE(NEW) -2906 BAILEY(MAS)(EDPI) (COM 66, NOV 12) That the above item be and hereby is referred to the Common Council without a recommendation: Mr. Pridgen new moves that the item be Recommitted to the Committee on Legislation. ADOPTED. NO. 76 FOOD STORE LICENSE(NEW) -912 E. DELAVAN(MAS)(EDPI) (COM 64, JUNE 11) That the above item be and hereby is referred to the Common Council without a recommendation: Mr. Pridgen now moves that the item be Recommitted to the Committee on Legislation. ADOPTED. NO. 76 FOOD STORE LICENSE (NEW) - 1304 JEFFERSON (ELL)(DPIS) (ITEM NO. 66, C.C.P., JULY 23, 2013) Mr. Pridgen moved: That the above item be, and the same hereby is, returned to the Common Council 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 Jamal Albatol d /b /a Cold Spring Market LLC located at 1304 Jefferson. PASSED AYES -9 NOES -0 RESOLUTIONS NO. 77 BY COUNCIL PRESIDENT FONTANA HOLD INDEPENDENT IN REM AUCTION FOR DEMOLITION - SLATED PROPERTIES Whereas Each year the In Rein property tax auction presents an opportunity for people and investment companies to acquire foreclosed properties below retail cost; and Whereas Under New York State law foreclosed properties must be offered for sale despite their physical condition, including properties that have been declared demolition - worthy by the City of Buffalo Department of Permits and Inspections or the City of Buffalo Housing Court; and Whereas Certain preventable problematic circumstances arise from the sale of demo properties including bidders accumulating cheap properties in bulk without considering their status or condition, bidders mistakenly purchasing a property without realizing it is slated for demolition, or bidders purchasing a demo property without fully realizing the extent of the high cost of rehabilitation; and Whereas When this occurs, these properties often remain abandoned, vacant, and in poor condition until the City of Buffalo completes demolition or they lapse back into foreclosure; and Whereas Demolitions can cost the City of Buffalo upwards of tens of thousands of dollars each and it is often very difficult or impossible for the City to recoup funds from property owners after a demolition is completed; and Whereas By separating these demolition - slated properties from the total body of properties listed on the In Rem foreclosure list and holding an independent auction dedicated solely and entirely to the sale of demo properties, many of the problems that arise from the sale of demo properties can be prevented; and Whereas Furthermore, separating the sale of demolition - slated properties from that of viable properties allows the City of Buffalo to establish special auction rules and procedures to act as additional safeguards from the problems arising from the accidental, malicious, or ill- prepared purchase of a demo property; and Whereas By implementing a $10,000 cash deposit from successful bidders on a property sold at the "Demolition Auction," the City of Buffalo can prevent many of the circumstances that lead to these properties remaining "in limbo "; and Whereas If a bidder wishes to continue with the purchase of a demo property, the $10,000 cash deposit will be returned at the end of one year's time or less if the property is satisfactorily rehabilitated and brought out of demolition status; and Whereas If a property is allowed to remain in demolition status without any significant progress toward rehabilitation within a reasonable amount of time, or if a property is allowed to lapse back into foreclosure, the $10,000 deposit will be forfeited to the City of Buffalo to be used to off -set the cost of demolition on the property- Now, Therefore, Be It Resolved: The Common Council hereby directs the Department of Law, the Department of Treasury, and the Department of Assessment and Taxation to determine the resources and actions necessary to establish a separate "demolition auction" independent of the standard In Rein foreclosure auction. Be It Further Resolved: A copy of this resolution be forwarded to the Office of the Corporation Counsel, the Department of the Treasury, and the Commissioner of Assessment and Taxation. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 78 COUNCIL MEMBER DARIUS G. PRIDGEN IMPENDING CLOSURE OF THE MARKET ARCADE FILM & ARTS CENTRE Whereas The Market Arcade Film & Arts Centre was built by the City of Buffalo and opened in 1987. Dipson Theaters took over management of the theater in June 2000, under the volunteer board of Market Arcade Film & Arts Centre Inc.; and Whereas According to a November 28, 2013 Buffalo News article, movie studios are about to begin providing digital downloads only to theaters, instead of film in metal canisters. Due to this change in format, the Market Arcade Theater would have to upgrade its digital projectors, an estimated cost of $420,000; and Whereas In addition to the upgrades necessary to allow for digital download of films, Market Arcade Theater also needs an additional $1.4 million to install stadium seating, add 3 -D projection capabilities, improve restrooms, heating, ventilation and air conditioning, and other upgrades necessary to be improve the theater -going experience for patrons; and Whereas: The Market Arcade Theater is the only movie theater located in Downtown Buffalo; its closure could be a detriment to the growing and important arts and entertainment offerings in the city. NOW, THEREFORE BE IT RESOLVED: That the Common Council respectively requests that the Executive Director of the City of Buffalo Office of Strategic Planning and Board President of the Market Arcade Film & Arts Center provide the Council with an update concerning the Market Arcade Film & Arts Centre; and BE IT FINALLY RESOLVED: That copies of this resolution be forwarded to Mayor Byron W. Brown, the Office of Strategic Planning, Market Arcade Film & Arts Centre Inc., Buffalo Place, Erie County Legislature and Dipson Theaters. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT BY COUNCILMEMBER SMITH NO. 79 DISCHARGE COMMITTEE OF THE WHOLE 2014 CAPITAL BUDGET RECOMMENDATIONS & IMPROVEMENTS PROGRAM (ITEM 1, CCP 11/12/13) Mr. Smith moved that Whereas, the above item is currently tabled in the Committee of the Whole and, Whereas, it is no longer necessary for this item to be considered by that committee, Now Therefore Be It Resolved, that this Common Council does hereby discharge the Committee from further consideration of this item, and it is now before the Common Council for its consideration. ADOPT DISCHARGE APPROVE AS AMENDED AYES -9 NOES -0 NO. 80 BY: MS. RUSSELL: BUDGET AND PERSONNEL AMENDMENT 01 - LEGISLATIVE 1004 - COMMON COUNCIL LEGISLATIVE #03 The Common Council of the City Of Buffalo does ordain as follows: That part of Section 1 of Chapter 35 of the Code of the City of Buffalo, relating to 01 - Legislative, 1004 - Common Council Legislative #03, which currently reads: $ 36,242 Is hereby amended to read: Legislative Aide $ 36,242 Legislative Assistant $ 41,163 It is hereby certified, pursuant to Section 3 -19 of the Charter, that the immediate passage of the foregoing ordinance is necessary. IT IS HEREBY CERTIFIED, that a personnel requisition incident to the creation of the above - mentioned position, containing a statement of the duties for such position, has been filed with the Municipal Civil Service Commission, and said Commission has approved and certified the position title set forth in the foregoing ordinance as being the appropriate Civil Service title for the proposed position BYRON W. BROWN, MAYOR, MARK J.F. SCHROEDER, COMPTROLLER, GERALD CHWALINSKI, CITY CLERK, AND DONNA J. ESTRICH, DIRECTOR OF BUDGET, ADMINISTRATION AND FINANCE, hereby certify that the above change is necessary for the proper conduct, administration and performance of essential services of that department. We recommend that the compensation for said position be fixed at the respective amount set forth in the foregoing ordinance. From 10220006 - 434004 Common Council- Neighborhood Initiatives $2,461 TO: 101004001-411001 Councilmember #3 Smith- Salary $2,461 PASSED AYES -9 NOES -0 NO. 81 BY MR. SMITH AND MR. PRIDGEN HOUSING POLICY COMMITTEE Whereas Members of the Buffalo Community requested a public hearing on housing issues. At the hearing there were numerous recommendations made to address housing issues within the City of Buffalo; and Numerous Housing issues have come before this Common Council from a variety of housing related back grounds. Most recently a recommendation was made to transfer the Home Repair Program to a Not - For - Profit Agency; and Whereas: There should be a umbrella policy or legislation the way the City handles land and housing functions. Now Therefore Be It Resolved That: The Common Council of the City of Buffalo establishes a Housing Policy Committee to research and recommend legislation and policy of City wide housing and property related issues. REFERRED TO THE COUNCIL PRESIDENT BY: DEMONE A SMITH Required for the Proper Performance of Public Duties NO. 82 APPOINTMENTS COMMISSIONERS OF DEEDS 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. Bart A. Adams Amy J. Frankel Courtney A. Moffett Joseph Ruggiero Total: 4 ADOPTED NO. 83 ANNOUNCEMENT OF COMMITTEE MEETINGS The following meetings are scheduled. All meetings are held in the Common Council Chambers, 13 th floor City Hall, Buffalo, New York, unless otherwise noted. Regular Committees Committee on Civil Service Tuesday, December 17, 2013 at 9:45 o'clock A.M. Committee on Finance following Civil Service Tuesday, December 17, 2013 at 10:00 o'clock A.M. Committee on Comm. Dev. Tuesday, December 17, 2013 at 1:00 o'clock P.M. Committee on Legislation Tuesday, December 17, 2013 at 2:00 o'clock P.M. (Public Disclaimer): All meetings are subject to change and cancellation by the respective Chairmen of Council Committees. In the event that there is sufficient time given for notification, it will be provided. In addition, there may be meetings set up whereby the City Clerk's Office is not made aware: therefore, unless we receive notice from the respective Chairmen, we can only make notification of what we are made aware. NO. 84 ADJOURNMENT On a motion by Mr. Smith, Seconded by Mr. Smith the Council adjourned at 3:26 PM GERALD A. CHWALINSKI CITY CLERK