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HomeMy WebLinkAbout14-0107NO. 1 PROCEEDINGS OF THE CITY OF BUFFALO JANUARY 7, 2014 MAYOR Hon. Byron W. Brown COMPTROLLER Mark J. F. Schroeder COMMON COUNCIL PRESIDENT OF THE COUNCIL ELLICOTT DISTRICE DARIUS G. PRIDGEN PRESIDENT PRO TEMPORE NIAGARA DISTRICT DAVID A. RIVERA MAJORITY LEADER MASTEN DISTRICT DEMONE A. SMITH DISTRICT COUNCIL MEMBERS RICHARD A. FONTANA - LOVEJOY DAVID A FRANCZYK - FILLMORE JOSEPH GOLOMBEK JR. — NORTH MICHAEL J. LO CURTO — DELAWARE BONNIE E. RUSSELL - UNIVERSITY CHRISTOPHER P. SCANLON -SOUTH REGULAR COMMITTEES CIVIL SERVICE COMMITTEE: Bonnie E. Russell Chairman, Richard A. Fontana, David A. Rivera, 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, David A. Rivera, Bonnie E. Russell, Christopher P. Scanlon - Members FINANCE COMMITTEE: Richard A. Fontana, Chairman, Michael J. LoCurto, David A. Rivera, Bonnie E. Russell, Demone A. Smith- Members. LEGISLATION COMMITTEE: Christopher P. Scanlon, Chairman, David A. Franczyk, Joseph Golombek, Jr., David A. Rivera, Demone A. Smith, - Members. RULES COMMITTEE: Darius G. Pridgen, Chairman, David A. Rivera, Demone A. Smith - Members SPECIAL COMMITTEES BUDGET COMMITTEE: Demone A. Smith, Chairman, Joseph Golombek, Jr., David A. Rivera, Christopher P. Scanlon, - Members EDUCATION COMMITTEE: Demone Smith, Chairman, Joseph Golombek, Jr., Bonnie E. Russell, Christopher P. Scanlon- 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, Christopher P. Scanlon — Members PUBLIC TRANSPORTATION: Chairman, Christopher P. Scanlon, David A. Franczyk, Michael J. LoCurto, David A. Rivera, - Members WATERFRONT DEVELOPMENT COMMITTEE: Chairman, Christopher P. Scanlon, David A. Franczyk, Joseph Golombek, Jr., Demone A. Smith - Members CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO TUESDAY JANUARY 7, 2014 AT 12:00 P.M. Present - Richard A. Fontana, President of the Council, and Councilmembers: Franczyk, LoCurto, Pridgen, Rivera, Russell, Scanlon, Smith- 8 Absent -- Golombek Jr. - 1 On a motion by Mr. Smith, Seconded by Mrs. Russell, the minutes of the stated meeting held on December 23, 2013 were approved INVOCATION PLEDGE TO FLAG DATE January 7, 2014 CIVIL SERVICE FINAL COMPTROLLER 21- 1. Com 30 Dec 23 Appoint Equipment Operator (Prov)(Max)(Campeau)(PW) 1. Comprehensive Annual Financial Report -FY 06/30/2013 FIN PUBLIC WORKS Appoint Truck Driver (Temp)(Inter)(Simmons)(PW) APP 2. Change in Contract City -Wide Sidewalk Replacement & Spot Pavement Reconst APP Notices of Appointments- Temp /Prov /Perm(Cty Clk) 3. Permission to Enter into Agreement -UPS Drop Box APP 4. Request Permission to Accept Funds for Grants Awarded to Bflo Olmsted(Del) APP 24- 4. No 44 5. Report of Bids - Broadway Market Rehab Project(Fill) APP R &F 6. Appoint Motor Equipment Maintenance Supery I(Inter)(Herbert) CS POLICE R &F 26- 6. Com 90 7. Drug Asset Forfeiture Wire Transfers R &F PERMITS AND INSPECTIONS COMMUNITY DEVELOPMENT 8. Appoint Building Inspector(Perm)(Fifth Step)(White) CS ADMINISTRATION AND FINANCE Report of Sale 130, 132 & 134 Hawley(North)(Strat Plan) 9- 8A Perm to Utilize New Cooperative Purchasing Law Exc to Competitive Bidding FIN CITY CLERK 28- 8. No 48 10- 9. Liquor License Applications R &F 11- 10. Leaves of Absence R &F 12- 11. Appoint Legislative Assistant(Marks) ADOPT 13- 12. Notices of Appointment - Seasonal R &F 14- 13. Notices of Appointments- Temp /Prov /Perm CS MISCELLANEOUS Dec 23 S. Mucino, Owner, Use 765 Elmwood to Open an Existing Restaurant in the 15- 14. CAO Opposes Application by T- Mobile 523 and 535 Elmwood Ave Special Zoning District(Del)(hrg 12/31) Northampton St -for a Tower LEG 16- 15. J. Giusiana -R. Fontana - Transfer School 56 & 70 to COB RE & R &F 17- 15A D. Smith - Conditions for Food Store Licenses in the Masten District ADOPT 18- 16. C. Walker- Update Regarding Seneca Buffalo Creek Casino CD 19- 16A. Waterfront Village Advisory- Concerns Special Events Held Within Waterfront Area CD,PW,PKG,SPEC EVENTS PETITIONS 20- 17. J. Liu, Owner, Use 582 Grant, Change Use From Ice Cream Shop to Sit in Restaurant and Food Store With Sidewalk Cafe(no hrg)(North) LEG,CPBD RESOLUTIONS 37- 17AA Golombek Extending Public Comment Period For NY Gateway Connections Improvement Project CD 38- 17AB Golombek Req Investigation By White House Council Into Environmental Review Processes Undertaken for Peace Bridge Related Projects CD 39- 17A LoCurto Waive Permit Fees - Olmsted Flurrious Winter Festival 2014 APP 40- 18. Russell Budget & Personnel Amendment -Fire Alarm & Telegraph APP 41- 19. Russell Budget & Personnel Amendment -EDPI APP 42- 19A Russell Budget & Personnel Amendment - Common Council # 13 APP 43- 19B Scanlon Waive Park Building Use Fee for S. Bflo Coalition Meetings APP 44- 19BB Smith Excuse Councilmember Golombek From 01/07/2013 Meeting ADOPT 45- 19C Smith Comm of Deeds - Public Duties ADOPT 46- 20. Smith Comm of Deeds ADOPT SUBMISSION LIST OF COMMITTEE ITEMS FOR THE COUNCIL MEETINGS CIVIL SERVICE 21- 1. Com 30 Dec 23 Appoint Equipment Operator (Prov)(Max)(Campeau)(PW) APP 22- 2. Com 31 Dec 23 Appoint Truck Driver (Temp)(Inter)(Simmons)(PW) APP 23- 3. Com 42 Dec 23 Notices of Appointments- Temp /Prov /Perm(Cty Clk) R &F FINANCE 24- 4. No 44 Dec 23 Buffalo Water Board - Contract Year 4 R &F 25- 5. No 43 Sept 17 M. Holman -Stop the Violence Coalition Inc. Pursue Lease at 1532 Genesee St R &F 26- 6. Com 90 Sept 4 S. Colon- Development of City Funds From JP Morgan Chase Bank R &F COMMUNITY DEVELOPMENT 27- 7. Com 16 Dec 23 Report of Sale 130, 132 & 134 Hawley(North)(Strat Plan) RECOMMIT LEGISLATION 28- 8. No 48 Dec 23 P. Scholl, Agent, Use 2190 South Park to Add a Take Out Restaurant to a Custard Stand (South)(hrg 12/31) APP 29- 9. No 49 Dec 23 N. Albomski, Owner, Use 502 Elmwood to Re- Establish a Restaurant in the Elmwood Ave Business District(Nia)(hrg 12/31) APP 30- 10. No 50 Dec 23 S. Mucino, Owner, Use 765 Elmwood to Open an Existing Restaurant in the Elmwood Ave Special Zoning District(Del)(hrg 12/31) APP 31- 11. Com 1 Dec 23 Reappointment of Department Heads(Mayor) APP 32- 12. Com 10 Dec 23 SEQR Negative Declaration Ganson Entertainment(Plan Bd) R &F 33- 13. Com 32 Dec 23 Agreement for Purchase, Installation & Maintenance of License Plate Readers(Police) APP 34- 14. No 68 Dec 23 J. Schenne, PE, Agent, Use 359 Ganson for a 2 Story Steel and Concrete Skating Rinks, Exhib Halls & Offices in the Special Review District (Hrg 11 /19)(South)( #34,11/12) APP 35- 15. Com 35 Dec 10 Application for Restricted Use Permit -75 W. Chippewa(1 /17 /2014)(CtyClk) APP 36- 16. Com 36 Dec 10 Application for Restricted Use Permit -75 W. Chippewa(1 /31 /2014)(CtyClk) APP FROM THE COMPTROLLER NO. 1 COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR THE FISCAL YEAR ENDED JUNE 30, 2013 This is to advise that the Comprehensive Annual Financial Report of the Comptroller of the City of Buffalo for the fiscal year ending June 30, 2013 has been delivered to each Councilmember, the Common Council Chief of Staff, the City Clerk, the Mayor and the Budget Office. Included therein is the Audit Report of Drescher & Malecki LLP. This report is available as a public record for inspection by all interested parties. Pursuant to Section 35 of the General Municipal Law, the Common Council of the City of Buffalo may, at its discretion, prepare a written response to the report of external audit and file such response with the City Clerk as a public record for inspection by all interested parties not later than March 23, 2014 REFERRED TO THE COMMITTEE ON FINANCE FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO. 2 CHANGE IN CONTRACT NUSSBAUMER & CLARKE, INC. CONSULTANT INSPECTION SERVICES CITY -WIDE SIDEWALK REPLACEMENT & SPOT PAVEMENT RECONSTRUCTION CONTRACT #93000933 1 hereby submit to your Honorable Body the following increase to the consultant contract for the above named contract. This change order is necessary to provide additional services for consultant inspection of additional sidewalk work that was authorized by the City as well as additional costs that were incurred as a result of the construction contractor's delay in starting the work. The contractor was assessed liquidated damages in accordance with his contract for that delay. This change order is in accordance with the consultant agreement and project procurement. Existing Contract Amount $73,983.00 Increase in Contract $15,393.95 Total Contract to Date $89,376.95 Funds are available in Capital Projects Account # 36319406- 445100 and /or another account to be named at a future date. I respectfully certify that this change order is fair and equitable for the work involved, and respectfully request that Your Honorable Body approve the subject change order and authorize the Commissioner of Public Works, Parks & Streets to issue said change order to Nussbaumer & Clarke, Inc. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets, dated December 30, 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 $15.393.95 (Original Contract Amount $73,983.00 + Change Order #1 $15,393.95 for a Revised Contract Amount of $89,376.95) for City -wide sidewalk replacement and spot pavement reconstruction, Nussbaumer & Clarke, Inc., C #93000933. Funds for this project are available in Capital Projects Account #36319406- 445100 and /or an account to be named at a future date. PASSED AYES 8, NOES 0 NO. 3 PERMISSION TO ENTER INTO AGREEMENT UNITED PARCEL SERVICE (UPS) CITY HALL DROP BOX Permission is hereby requested to enter in an agreement with United Parcel Service (UPS) for the UPS Drop Box that is located in the basement of City Hall. This is a one (1) year agreement that will automatically renew for successive one (1) year periods unless terminated earlier by the City. Under this agreement, United Parcel Service (UPS) will pay the City an annual fee of $600, paid on a monthly basis of $50.00. 1 recommend that your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to enter into the agreement Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated December 31, 2013, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to execute the contract with United Parcel Service (UPS) for the UPS Drop Box that is located in the basement of City Hall. This is a one (1) year agreement that will automatically renew for successive one (i) year periods unless terminated earlier by the City. Under this agreement, the United Parcel Service (UPS) will pay the City an annual fee of $600.00, paid on a monthly basis of $50.00. PASSED AYES 8, NOES 0 NO.4 REQUEST FOR PERMISSION TO ACCEPT FUNDS FOR GRANTS AWARDED TO THE BUFFALO OLMSTED PARKS CONSERVANCY AT DELAWARE PARK The Department of Public Works, Parks and Streets is hereby requesting from Your Honorable Body to accept donation of design and construction services for the following grants awarded to and to be administered by the Buffalo Olmsted Parks Conservancy to be implemented in Delaware Park in the City of Buffalo as described: Grant Name Amount Location 2010 -11 NYSOPRHP EPF -E11 N72 $250,000 Delaware Park Marcy Casino Entrance 2012 Community Foundation $ 30,000 Delaware Park Rose Garden Pergola 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 31, 2013, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to accept a donation of design and construction services for the following grants awarded to and to be administered by the Buffalo Olmsted Parks Conservancy to be implemented in Delaware Park in the City of Buffalo: • 2010 -11 NYSOPRHP EPF -E11 N72 Grant in the amount of $250,000.00 for the Delaware Park Marcy Casino Entrance • 2012 Community Foundation Grant in the amount of $30,000.00 for the Delaware Park Rose Garden Pergola PASSED AYES 8, NOES 0 NO. 5 REPORT OF BIDS BROADWAY MARKET REHABILITATION PROJECT CDBG FUNDED YEAR 38 - 50208 1 advertised for on November 19, 2013 and received the following sealed bids for Broadway Market, Rehabilitation Project, which were publicly opened and read on December 3, 2013. General Construction Base Bid New York State Fence, Inc. $8,780 858 Manitou Rd., Hilton, NY I hereby certify that the foregoing is a true and correct statement of all bids received and that New York State Fence, Inc. with a base bid of $8,780.00 plus 10% contingency for $878.00 for a total amount of Nine Thousand Six Hundred Fifty Eight Dollars and 00/100 ($9,658.00) is the lowest responsible bidder in accordance with the plans and specifications. I recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to order the work on the basis of the low bid. Funding for this project is available in CH9132087 - 470000 - Buildings. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets, dated January 2, 2014, be receive 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 Broadway Market, Rehabilitation Project, with New York State Fence, Inc. with a total bid of $9,658.00 (Base Bid of $8,780.00 + 10% contingency of $878.00 for a total amount of $9,658.00). Funding for this project is available in Account CH9132087 - 470000 - Buildings. PASSED AYES 8, NOES 0 NO. 6 APPOINT MOTOR EQUIPMENT MAINTENANCE SUPERV I (INTER)(HERBERT) Certificate of Appointment Appointment Effective 12/24/13 in the Department of Public Works, Parks & Streets Division of Streets to the Position of Motor Equipment Maintenance Supervisor I Temporary Open- Competitive Intermediate starting salary of $40,020 Michael Herbert, 45 Good Avenue, Buffalo 14220 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF POLICE NO. 7 DRUG ASSET FORFEITURE WIRE TRANSFERS 11 -DEA- 539963 C2 -11 -0034 4,910.01 13 -DEA- 583458 C2 -13 -0107 1,109.19 13 -DEA- 583458 C2 -13 -0107 1,062.21 (15% SAFF DEP#10) DEA TOTAL $ 7,081.41 UCSEQSH2013090100008401 5,500.00 UCSEQSH2011090100041601 5,601.18 TOTAL DEPOSIT $18,182.59 The Drug Enforcement Administration (DEA), U.S. Customs and /or the FBI has administratively forfeited the above referenced property. The funds were received by this Department through wire transfers and duly deposited in the Trust & Agency Account, #20010000 - 389001. 15% of the DEA funds have been deposited into SAFF account 10515 for fulfilling year 8 expenditures under SAFF legislation. The remaining funds will be placed into one or more of the following accounts as deemed necessary by the Commissioner of Police: Educational Training /Seminar, Confidential Funds, Materials and Supplies, Firearms and Weapons, Communications and Computers, Electrical Surveillance, Purchase of Services, Improvements, Vehicles, Operating Equipment If you have any questions regarding the above mentioned, please contact Inspector Joseph Strano at 851 -4624. RECEIVED AND FILED FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT & INSPECTION SERVICES NO. 8 APPOINT BUILDING INSPECTOR(PERM)(FIFTH STEP)(WHITE) Certificate of Appointment Appointment Effective 12/9/13 in the Department of Inspections Division of Permit & Inspection Services to the Position of Building Inspector, Permanent appointment, fifth step starting salary of $55,507 Angela White, 262 Dewey Avenue, Buffalo 14214 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF ADMINISTRATION, FINANCE, POLICY & URBAN AFFAIRS NO. 9 PERMISSION TO UTILIZE NEW "COOPERATIVE PURCHASING LAW" EXCEPTION TO COMPETITIVE BIDDING It is requested that your Honorable Body to review and approve the use of new GML 103 (16) Cooperative Purchasing Law. The resulting approval will allow the Division of Purchase to procure apparatus, materials, equipment and supplies at the lowest cost to the City of Buffalo. 16. [Expires and repealed Aug 1,2017] Notwithstanding the provisions of subdivisions one, two and three of this section, and section one hundred four of this article, any officer, board or agency of a [fig 1 ] political subdivision or of any district therein authorized to make purchases of apparatus, materials, equipment or supplies, or to contract for services related to the installation, maintenance or repair of apparatus, materials, equipment, and supplies, may make such purchases, or may contract for such services related to the installation, maintenance or repair of apparatus, materials, equipment, and supplies, as may be required by such [fig 2] political subdivision or district therein through the use of a contract let by the United States of America or any agency thereof, any state or any other [fig 3] political subdivision or district therein if such contract was let to the lowest responsible bidder or on the basis of best value in a manner [fig 4] consistent with [fig 5] this section and made available for use by other governmental entities; provided, however, that no political subdivision or district therein, other than a city with a population of one million or more inhabitants or any district, board or agency with jurisdiction exclusively therein, may make such purchases or contract for such services through the use of such a contract let on the basis of best value in a manner consistent with this section unless the political subdivision or district shah first adopt a local law, rule, regulation or resolution, as the case may be, pursuant to subdivision one of this section, authorizing the use of best value for awarding purchase contracts. The authority provided to [fig 1 ] political subdivisions and districts therein pursuant to this subdivision shall not relieve any obligation of such [fig 2] political subdivision or district therein to comply with any applicable minority and women -owned business enterprise program mandates and the preferred source requirements of section one hundred sixty -two of the state finance law. Subdivision 16 has been recently added to General Municipal Law (GML) § 103 to authorize any county, municipality, school district, or other municipal authority to purchase apparatus, material, equipment and supplies, and to contract for services related to the installation, maintenance, or repair of those items, through the use of other competitively bid cooperative contracts or purchase agreements. Cooperative purchasing, also known as "piggybacking," allows municipalities to purchase products or contract for services at lower costs by using the same contract for a vendor that was used by any other governmental agency. Moreover, the stated purpose of the new law is to reduce administrative and product costs, and increase efficiencies by providing local authorities an alternative to conduct their own bidding process. In order to utilize a contract to procure supplies or services, the following three prerequisites must be satisfied: 1. The contract must have been let by the United States or any other agency thereof, any state or any other political subdivision or district therein 2. The contract must have been made available for use by other governmental entities 3. The contract must have been let in a manner that constitutes competitive bidding "consistent with state law" As the State of New York's Comptroller's Office explained, the first prerequisite requires that the underlying contract be let by a governmental entity, and not a private party. The second prerequisite mandates governmental entities to take steps to make its contract available for New York local governments. Finally, the third prerequisite requires the purchasing local government to obtain background information on the procedures used to let the contract to determine if it meets with New York State's bidding law pursuant to GML § 103. More specifically, courts in New York look to the following four elements to determine whether the procedures used to let a contract constitute "competitive bidding" consistent with GML § 103: 1. Public solicitation of bids; 2. Submission of sealed bids or analogous procedures to secure and preserve the integrity of the process and confidentiality of the bids submitted; 3. Preparation of bid specifications: a statement conveying the nature of the goods or services and other information necessary for the prospective bidders to make an intelligent evaluation and bid; and 4. Award to the lowest bidder who materially or substantially meets the bid specifications and is determined to be a responsible bidder. REFERRED TO THE COMMITTEE ON FINANCE FROM THE CITY CLERK NO. 10 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 914 Kenmore Avenue Yummy Thai U Tun Aung RECEIVED AND FILED NO. 11 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- Kelly Gattuso RECEIVED AND FILED NO. 12 APPOINT LEGISLATIVE ASSISTANT(MARKS) Certificate of Appointment Appointment Effective 1/1 /14 in the Department of Common Council Division of Masten Council District to the Position of Legislative Assistant Unclassified, Non - Competitive, Flat starting salary of $41,63 Tianna Marks, 74 Fernhill Avenue, Upper, Buffalo 14215 ADOPTED NO. 13 NOTICES OF APPOINTMENTS - SEASONAL /FLAT I transmit herewith certificates received by me, reporting seasonal and fiat salary appointments made in various departments. RECEIVED AND FILED. Certificate of Appointment Appointment Effective 12/26/13 in the Department of Public Works, Parks & Streets Division of Buildings to the Position of Laborer Ii, Seasonal, Non - Competitive, Flat starting salary of $12.47 Michael Renaldo, 86 Norwalk Avenue, Buffalo 14216 NO. 14 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 1/2/14 in the Department of Call and Resolution Center Division of Citizen Services to the Position of Complaint Clerk, Temporary Appointment, Minimum starting salary of $30,507 Sabalena Brown, 246 Bissell Avenue, Buffalo 14211 Certificate of Appointment Appointment Effective 12/30/13 in the Department of Call and Resolution Center Division of Citizen Services to the Position of Complaint Clerk, Temporary Appointment, Minimum starting salary of $30,507 Bridget Young, 670 Woodlawn Avenue, Buffalo 14211 Certificate of Appointment Appointment Effective 12/12/13 in the Department of Police Division of Building Maintenance to the Position of Head Janitor, Provisional Appointment, Minimum starting salary of $31,859 NON - OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON - OFFICIAL COMMUNICATIONS NO. 15 CAO OPPOSES APPLICATION BY T- MOBILE 523 AND 535 NORTHAMPTON ST -FOR A TOWER Dear Rev. Pridgen: Application by T- Mobile Northeast, LLC Project Site: 523 and 535 Northampton Street Item No. 77- C.C.P. July 23, 2013 I am writing again on behalf of the Community Action Organization of Erie County, Inc. ( "CAO ") in response to the letter from attorney Kimberly Barnashuk dated September 26, 2013. As noted in our letters dated August 28, 2013 and November 8, 2013, CAO wishes to reiterate that it strongly opposes the location of this 90 foot cell tower and oversized 50 by 50 foot concrete base receiver station anywhere on the church property located at 523 and 535 Northampton Street. Nothing about T- Mobile's application for this site meets the City Communications Towers and Antennas Ordinance in the City Zoning Code. The application seeks to locate this large cell tower in a residential zone and directly across from the proposed residential housing complex planned at the former Deaconess Hospital site. There is no co- location on an existing tower, there is a substantial adverse impact on existing and proposed residential housing and the adverse visual impact has not been minimized. Moreover, CAO wishes to respond to the assertion by T- Mobile that it is insisting that the cell tower only be on CAO property. Prior to the current application, T- Mobile had approached CAO regarding placement of the tower in a "notch" area with limited visibility on CAO property. If this compromise location is not acceptable to T- Mobile, then T- Mobile should locate its cell tower on some other property in the City where it will not impact on two (2) large, successful, highly visible, residential housing projects. CAO continues to work with T- Mobile and recently agreed to extend the current temporary Cellular On Wheels (COA) tower. The existing service is not in jeopardy or at risk. The T- Mobile application for the property at 523 and 535 Northampton Street is presently tabled in Committee. The CAO strongly opposes that proposed location based upon the reasons set forth above. Therefore, CAO respectfully requests that the Common Council receive and file that item and deny the restricted use permit application filed by T- Mobile. Thank you for your consideration. Very truly yours, Michael B. Risman REFERRED TO THE COMMITTEE ON LEGISLATION NO. 16 J. GIUSIANA -R. FONTANA - TRANSFER SCHOOL 56 & 70 TO COB Dear Council Member Fontana: This is to inform the Council that thei3uffalo Public Schools, Division of Plant Services and School Planning, has officially transferred as is and in kind, the use of the former schools listed below to the City of Buffalo effective on the following dates: School #56 - 716 West Delavan Avenue, Buffalo, NY 14222; November 27, 2013 School #70 - 76 Buffum Street, Buffalo, NY 14210; June 28, 2013 Regards, Joseph P. Giusiana, P.E. Executive Director of Plant Services REFERRED TO THE DIRECTOR OF REAL ESTATE AND RECEIVED AND FILED NO. 17 D. SMITH - CONDITIONS FOR FOOD STORE LICENSES IN THE MASTEN DISTRICT To: Gerry Chwalinski, City Clerk Please file the attached conditions for Food Store licenses in the Masten District at the next council meeting 1/7/14. Demone Smith Majority Leader, Buffalo Common Council Masten District Councilmember COMMON COUNCIL IMPOSED DISTRICT -WIDE ( MASTEN ONLY) CONDITIONS IN 2014: "NO LOITERING" SIGNS TO BE POSTED NO PAYPHONES OUTSIDE OF STORE NO OUTSIDE SIGNAGE ADVERTISING TOBACCO, GAMBLING(LOTTERY) OR ALCOHOL NO SPRAY - PAINTED OR AIR - BRUSHED SIGNAGE ON BUILDING ANY GRAFITTI MUST BE REMOVED WITHIN 72 HOURS ALL MECHANICAL EQUIPMENT MUST BE IN WORKING ORDER NO SELLING OF LOOSE CIGARETTES NO VEHICLES TO BE PARKED ON SIDEWALKS NO BLOCKING OF WINDOWS NO ALCOHOL UNLESS APPROVED BY DISTRICT COUNCIL OFFICE HOURS OF OPERATIONS SHALL BE 9AM TO 11 PM ANY BROKEN WINDOWS MUST BE REPAIRED WITH 72 HOURS NO SMOKING IN BUILDING STORE OWNERS ARE REQUIRED TO ATTEND NEIGHBORHOOD ASSOCIATION MEETINGS ADOPTED NO. 18 C. WALKER- UPDATE REGARDING SENECA BUFFALO CREEK CASINO Dear Mayor Brown: As you know, SGC (and its subsidiary, Seneca Erie Gaming Corporation), together with the Nation and the City of Buffalo, entered into an agreement in October 2006. That agreement set forth certain projections and intentions with respect to operation of a permanent Buffalo Creek facility. It is hard to believe that we are nearing the end of 2013. It has certainly been a whirlwind year, but we could not be more proud of what has been collectively accomplished at Buffalo Creek. This correspondence is intended to provide further updates relevant to our Buffalo Creek facility, including various aspects of our Employment, Marketing and Development Construction accomplishments throughout 2013. We hope you find the content demonstrative of our ongoing commitment to work with the City to maximize our shared success. OPENING OF THE PERMANENT SENECA BUFFALO CREEK CASINO Much has happened since the parties first began discussing the development of an Inner Harbor casino. Seneca Gaming Corporation, its owner the Seneca Nation of Indians, and the City have all pressed on despite regional and national economic challenges. This year we completed the construction of our — 130 million permanent Seneca Buffalo Creek Casino facility, with our grand opening on August 27, 2013. Construction lasted a total of approximately 13 months. It was completed almost two months ahead of schedule. The project produced a total of 600 construction period jobs, with the construction period itself creating more than $32 million in wages and earnings by the Casino's development. Today, we have more than 390 current team members working in downtown Buffalo, with an annual payroll of more than $52 million. As a company, Seneca Gaming Corporation spends more than $100 million annually with local vendors and suppliers of all sizes, supporting thousands of jobs and expanding our economic reach deep within Buffalo and the larger Western New York community. Partnerships have been - and will continue to be - essential to the success of this project. We would like to take this opportunity to once again express our gratitude to the City and its various departments involved in supporting this project from a professional and collaborative standpoint. We greatly appreciate the City's, neighborhood's, community organizers' and business members' time and efforts. The partnerships that have been established will continue well on into the future. Suffice it to say, the new Seneca Buffalo Creek Casino will complement the many outstanding nightlife options that Buffalo offers and will further enhance the visitors' experience in downtown Buffalo. Guests are now enjoying 808 of the latest slot machines and 18 table games. This period marks the first time in Buffalo's history that games like blackjack, roulette and craps are available downtown. It's a thrilling time and one that we are enjoying not only with our guests but also with the community at large. EMPLOYMENT HIGHLIGHTS The Seneca Gaming Corporation (SGC) remains committed to employing City of Buffalo residents, minorities and women at our Seneca Buffalo Creek Casino. Over the past year, SGC has held numerous publically advertised Job Fairs within the Buffalo and surrounding communities to recruit and hire Buffalo -based residents, minorities and women. Examples of various Job Fairs include: SBCC Native American Community Career Fair Saturday, February 23 10am to 3pro Native American Community Services (NACS) 1005 Grant St., Buffalo, NY 14207 SBCC Virtual Job Fair March 1 March 31 SeneeaCasinos.com SBCC Career Fair Saturday, March 16 10am to 4pm Burt Flickinger Athletics Center, ECC City Campus 21 Oak Street, Buffalo NY 14203 SBCC Dealer Job Fair Wednesday, April 10 11:00 am to 3:00 pm ECC City Campus 121 Ellicott Street Buffalo, NY 14203 SBCC F &B (Front of House) Job Fair Wednesday, May 8 th 11 am to 7pm ECC City Campus 121 Ellicott Street Buffalo, NY 14203 SBCC Front of House Job Fair Saturday, May 18 10am to 3pro ECC City Campus 121 Ellicott Street Buffalo, NY 14203 SBCC F &B (Back of House) Job Fair Wednesday, June 12 11 am to 7pm ECC City Campus 121 Ellicott Street Buffalo, NY 14203 Actual employment percentages of Buffalo residents, minorities and women nearly meet and typically exceed intentions and goals discussed in 2006. Highlights include (as of December 1, 2013): Total Employees: 432 total employees compared to 66 total employees from last year Percentage minority 44.68% (193 of 432 total employees) compared to "at least 25 %" goal from 2006 Percentage women: 48.84% (211 of 432 total employees) compared to "at least 8 %" goal from 2006 Percentage resident in Buffalo: 43.75% (189 of 432 total employees) In the same spirit, SGC publically advertised and held a series of vendor fairs /tradeshows throughout the past year to foster new and ongoing vendor partnerships. The tradeshows gave local companies of all sizes the opportunity to introduce their products and services to the Corporation and to learn about various business opportunities. Local businesses were invited to participate in the vendor tradeshows at no cost. They were invited to set up booths and to prequalify to do business with the Corporation. Many of the partnerships built throughout the tradeshows led to direct work with the Seneca Buffalo Creek Casino, including some of the food vendor partnerships with the Casino's restaurants. This is another way that the Corporation contributes to the local job market, directly and indirectly. Looking ahead and well beyond the expectations originally set out in the Fulton Street Agreement, SGC projects that $170 million in direct and indirect spending with local companies will result from the procurement of goods and services for the permanent Seneca Buffalo Creek Casino. We expect to continue our efforts and to achieve similar success as we move forward. MARKETING HIGHLIGHTS With the opening of our permanent facility, we expect to entertain more than 3.5 million visitors per year -- further expanding our contributions to the growth and vitality of the Inner Harbor and the success of the City. Marketing of the Seneca Buffalo Creek Casino experienced a dramatic step forward with the late August, 2013 grand opening of the new permanent Casino. The introduction of the new Seneca Buffalo Creek Casino sparked a Grand Opening marketing effort and a new approach for marketing the City and the Casino going forward. Highlights of 2013 include: Ongoing efforts to increase patron growth outside the City of Buffalo, such that: • Almost 75% of Seneca Casinos email marketing is now targeted to patrons living more than 10 miles from the facility (93,000 emails); approximately 8.5% of total 2013 new Buffalo Creek player's club sign -ups were from Canada Advertising efforts to draw more Canadian visitors to the City of Buffalo include: • The Seneca Buffalo Creek Casino webpage profiles a Things To Do page http:// www. seneeabuffalocreekcasino .eom!things- to -do, featuring Local Attractions, Stay, Sports, Dining, Entertainment /Nightlife, Shops plus links to Visit Buffalo Niagara and Niagara USA webpages; notably, over 40 area business are profiled on these pages. Placement in Crossings, a lifestyle magazine dedicated to Canadian travelers whose itineraries include frequent border crossings (currently in market). Placement in Niagara Today, a consumer lifestyle magazine distributed to mid -to -high income households in the Niagara Region, Canada (the winter edition). Placement in The View, an alternative weekly newspaper in Hamilton, Ontario that mixes news and entertainment (currently in market). Placement in Over 50 and Loving it! - The Seniors Review, a Niagara region publication devoted to issues of life and living important to readers in the prime of their lives (currently in market). Co -op advertising campaign partnership with the Buffalo CVB (Visit Buffalo NY) to package and promote "Everything to Do" in the city of Buffalo and its surrounding area. 15 second video placement plus scrolling events ticker in hotel in -room television advertising, that includes coverage in 8 major hotel brands located in Niagara Falls (over 2,600 hotel rooms). Ad placement in 5 local publications in the Niagara Region including: Niagara Falls Review, St. Catharines Standard, Welland Tribune, Fort Erie Times and Pelham News (in market) 30 second radio spots on 5 stations that cover the Niagara Region and spill into the local U.S. market including; 97.7 HTZ -FM, 105.7 CHRE -FM, 105.1 CJED -FM, 91.7 GIANT - FM and 95.3 C1 NG -FM (in market). Introduced email marketing to 25,000 Seneca Players Club members who reside in Canada, within 75 miles of the Canada /U.S. border. Broad -based Seneca Buffalo Creek Casino advertising through regular inclusion in the Seneca Niagara monthly direct marl newsletter and monthly email newsletter: • Distribution to more than 117,000 Seneca Players Club members who reside within a mailing area radius coveting the province of Ontario (including Toronto), Canada, along with areas of central and western New York, western Pennsylvania and eastern Ohio. Distribution of a monthly email newsletter to more than 125,000 email addresses. Billboard Advertising: Billboards located near highway exits for the Casino are utilized and are to assist visitors and /or infrequent guests in easily accessing the property or to bring awareness that a new casino is now open in downtown Buffalo. Locations include (start date in parenthesis): 1 -190 Niagara St. Ext @ Hamburg St. (10/1/2012) S/S 1 -190 @ 475 Louisiana (10/7/2013) Elm St. Comer Swan F/S (9/16/2013) 441 Louisiana St. Near Perry St. F/S (4/1/2013) 441 Louisiana St. Near Perry St. F/N (12/30/2013) 235 Delaware Avenue Comer Chippewa F/N (7/1/2013) 3510 McKinley and Milestrip Rd. (4/1/2013) E/S Fuhrmann Blvd @ 22 Simon (5/27/2013) Bailey Ave. @ Buffalo Creek F/S (4/1/2013) 147 Niagara St F/S (7/1/2013) Online web banner advertising is targeted to increase traffic and build brand awareness: Banner Ad Placement in the Niagara Region, Buffalo and Rochester • Facebook Ad Placement in the Niagara Region, Buffalo and Rochester • Google Ad Words I Bing I Yahoo! Placement in the Niagara Region, Buffalo and Rochester Of equal importance, is our goal to stimulate increased visitors to the Buffalo area and to share those business opportunities with our Buffalo neighbors through strategic partnerships: • We have doubled our sign up free slot play bonus from $10 to $20 to draw more patrons to the downtown area. Those who come to the City for dinner and a game /show, are encouraged to stay in Buffalo longer and to make a night of it. For example, after attending a sporting event or concert at downtown Buffalo venues including First Niagara Center, Coca Cola field and Shea's Performing Arts Center, visitors can present their ticket stub to receive free slot play at Seneca Buffalo Creek. This program is currently promoted through newsprint and radio ads in the Buffalo market, the Niagara Region and Canada. It is designed to be inclusive, inviting visitors to enjoy all that the City of Buffalo has to offer. Another inclusive program that is designed to highlight Buffalo's local businesses is the Dining Gift Card program. Seneca Player's Club members can exchange their points earned from gaming at any Seneca Casinos property for Dining Gift Cards from various Buffalo establishments including Duffs Wings, Franco's Pizza, Charlie the Butcher, Ilia DiPaolo's and Chruseiki Bakery. Point exchanges takes place at the Seneca Buffalo Creek Player's Club booth. Seneca Buffalo Creek has initiated meetings with neighboring hotels and is developing a hotel partnership program whereby downtown Buffalo hotels can purchase free slot play vouchers at a discounted rate which the hotels may include with their offerings and sell as an entertainment package to prospective travelers. The goal is to implement in Q1 of calendar year 2014. In the meantime, hotel rooms at these neighboring hotels have been booked where guests from other Seneca Casino locations have asked for a night out in Buffalo. Radio promotional giveaways and contests will continue to be coordinated with radio stations to maximize exposure for Seneca Buffalo Creek Casino and the downtown area. To draw interest from Canadian customers, promotional packages will include "other Buffalo" elements such as Walden Galleria Shopping and Buffalo Dining (scheduled to be in market in December 2013). III. DEVELOPMENT AND CONSTRUCTION HIGHLIGHTS Design, development and construction activities both on the Seneca Buffalo Creek Territory and within the surrounding neighborhood, serve as the year's capstone. Highlights include the following: New Permanent Casino Design and Construction. Recall that the nationally recognized casino and hospitality architectural firm Hnedak Bobo of Memphis, Tennessee was retained by the Corporation to design the new Seneca Buffalo Creek Casino. As of this date, the casino and parking garage are complete; the only remaining construction is completion of the site work in the footprint of where the old temporary casino was located. Work on those elements which include the Porte Cochere, internal roadways, a VIP and valet parking lot, and a signature landscape element known as the Seneca walk, is well underway and depending on favorable weather is scheduled to be complete by the end of the year. Integration with Local Community. new design, while smaller than the project proposed in 2008, is visually striking and has been purposefully planned to complement and fit into the surrounding neighborhood. Significant care has been taken to ensure that the project becomes an integral (not isolated) part of the local community, and great effort has been made in planning the site to promote attractive and ready access to other developments and businesses in the surrounding area. Complementary to Neighboring Businesses. With its close proximity to the Erie Canal Harbor Development, entertainment venues such as the First Niagara Center, Coca Cola Field and other local businesses in downtown Buffalo, the development has been designed to be complementary rather than competitive to the other businesses and attractions in the surrounding community. As a case in point, the food and beverage amenities offered by Buffalo Savors Grill and BC Care within the Casino showcase several famous Buffalo branded dishes that will not only be attractive to local residents but be reflective of what Buffalo has to offer to those traveling in from outside the area: McCullagh Coffee, chicken wings from Duffs Famous Wings, Charlie the Butcher beef -on -week, Ilio DiPaolo's Italian favorites such as sandwiches and family- recipe sauces, Franco's Pizza, Chmsciki Bakery's desserts and pastries, and Sweet Melody's gelato. We also feature hometown beer taps and highlight local professional football and hockey teams in our signature hockey and lacrosse themed Stixx Sports Bar. Contributions to the City & Neighborhood. The basic program and layout of the Casino has been designed in consultation with our neighbors and with a concerted effort to seamlessly integrate our longstanding, historical relationships with one another. A Foot in Both Worlds. Extensive landscaping and streetscaping in and around the site, and in particular the Seneca Walk landscape feature at the comer of Michigan and Perry, pay homage to the history and culture of the Seneca Nation and welcome new guests into our experience. Consideration for Environment; Responsible Construction Activities. Construction activities commenced in March of 2012 when the steel from the original construction site was carefully dismantled to make way for the new design. That activity is redolent of the fact that the design was carefully planned to make maximum use of the site preparation, site development, piles, foundations, utility and infrastructure improvements that were already in place when construction of the original casino was halted in the fall of 2008. Infrastructure Improvements. Importantly, both on and off -site infrastructure design and construction were undertaken and completed with the input of the City of Buffalo public works and engineering departments. All of the City's comments and requests were incorporated into the design and the final construction documents were submitted to the City of Buffalo for final approval. Construction related to the off -site infrastructure started immediately upon approval by the City and all of the work is complete with the exception of the Seneca Walk landscape, which is a feature element that is scheduled to be completed by the end of this year. Some, although certainly not all, of the improvements include: Installation of an on -site, below -grade storm water detention system to handle storm water flows, which benefits the City by alleviating Consent Order issues the City has with the USEPA related to the use of combined sewers in the downtown area New water main and sanitary sewer extension, which the Corporation constructed down Marvin Street and a new sanitary sewer extension on Marvin Street that extends east down Fulton Street to a sanitary manhole at the intersection of Fulton and Chicago Streets Complete reconstruction of Marvin Street between Perry and South Park. Reconstruction including the roadway, curbs, sidewalks and landscaping on both sides of the street; a section of Fulton Street that ties into Marvin Street was also reconstructed when it was discovered it was in very poor condition The roads and intersections immediately bordering the site (Michigan, Perry, Marvin and South Park) were all milled and overlayed with new paving by the Corporation; the improvements also incorporated new turning lanes and signal adjustments as recommended by the traffic study that was conducted by the Corporation and reviewed and approved by the City In addition to the roadway improvements, construction of new sidewalks and curbs as well as streetscaping and lighting was undertaken around the perimeter of the Buffalo Creek Casino site. In order to ensure it coincided with the City's long term goals and standards, the design was developed in close consultation with the City's public works and engineering departments. The new wide sidewalks, landscaping, trees and lighting were designed not just to improve the aesthetics of the casino and surrounding neighborhood, but to greatly improve safety and walkability of the neighborhood in general and encourage the pedestrian connection of the casino to the other local development initiatives that are currently ongoing. At the request of the Common Council, improvements were also made to the sidewalks that are on the opposite sides of the street to the Casino; improvements mirrored those on the Casino side of the street and included sidewalk repair, installation of attractive street lighting and installation of trees at appropriate locations Landscaping and beautification will continue to be incorporated into surrounding areas when the Corporation completes construction of the Seneca Walk that is a signature landscape element at the comer of Michigan and Perry; that work is scheduled to be complete by the end of the year $1 Million Commitment to Inner Harbor Community Development. Significant outreach has and continues to take place within the local community and brings integration and improvements beyond the Casino footprint. Last year, the Seneca Buffalo Creek Community Development Fund Advisory Committee ( "Committee ") awarded $1 million to support 17 organizations, businesses and community groups with community development, beautification, lighting, infrastructure and other improvement projects in the neighborhood surrounding the Buffalo Creek Territory. The initiative, conceived by the Seneca Nation and funded by the Seneca Gaming Corporation, created an advisory committee comprised of members of the Nation, the Corporation and many community and business leaders who identified and sponsored a myriad of streetscape, beautification, and forward- looking planning projects in the Inner Harbor area. The Grant program's goal was to immediately assist with residential, commercial, area attractions and overall beautification and safety enhancements in this section of Buffalo. Grants funded fifteen (15) residential property and four (4) commercial property improvements in the Old First Ward. Two (2) long standing commercial businesses, Chefs and Dodman Company made exterior facade enhancements and improvements to pedestrian and vehicular safety. Re -Tree of Western New York replanted trees that were destroyed by the October 2006 snow storm. Other vital attractions such as the Waterfront Memories Museum, the Historic Edward M. Cotter Fireboat, Buffalo Scholastic Rowing Association Center and a public bicycle program were given financial support by the grant program. Funds were also granted to develop critical plans such as the Commercial Revitalization Plan for Perry Choice Neighborhood and the Cobblestone Connector Streetscape Design. In addition to planning the community projects, the various members of the Committee were kept apprised and asked to comment on the design of the Casino as it developed. Their suggestions were considered and where appropriately integrated into the design. This is especially the case with respect to the site and landscape plan where many adjustments were made so that the development as a whole would not merely serve an aesthetic purpose. The site and landscape planning was intentionally designed to serve as a catalyst for continued urban development in the surrounding area. Formation of the Seneca Commission for Economic Development (SCED). Earlier this year, the Seneca Nation Tribal Council established the Seneca Commission for Economic Development to help stimulate economic growth- -both in the Seneca Nation Territories and throughout western New York. One of SCED's initial priorities is to engage in economic development initiatives in the gaming facilities' host communities, including Buffalo. Governed by a diverse board of commissioners, including Buffalo -area business and civic leaders, SCED is currently involved in market and feasibility studies to evaluate various development opportunities. We are pleased with the progress to date. It is especially striking when one considers all that has been invested and accomplished without outside subsidies, tax breaks, or municipal or state government incentives of any kind. We are very proud of our record of economic impact and job creation in the past year - for Senecas and non - Senecas alike. We continue to be appreciative of the City's support, and we look forward to sharing many more future successes with our neighbors. Sincerely, Catherine Walker President and CEO REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 19 WATERFRONT VILLAGE ADVISORY- CONCERNS SPECIAL EVENTS HELD WITHIN WATERFRONT AREA Ladies and Gentlemen: The purpose of this letter is to summarize the concerns and recommendations of the representatives of Waterfront Village Advisory Committee that consists of the residents from ten (20) Community Associations (Admiral's Walk, Breakwaters, Gull Landing, Harbour Pointe, Lakefront Commons, Marina Park, Pasquale, Portside, Rivermist and Waterfront Circle) as well as the Joe Mascia, BMHA Commissioner who resides in and represents the Marine Drive Apartments, Inc. also located within the Waterfront. Our concerns relate to the number of events, communication with the Waterfront Community, designated routes and the staffing of the special events held within the waterfront area. While the general consensus is that such special events can provide a positive image for the City of Buffalo in promoting health & wellness, comadarie /community, and promotion of the local waterfront areas, it also comes with a burden for those who reside or work within the area. Our concerns include the increased number of events being scheduled each year, the restrictions placed on residents regarding egress or ingress within their residences or workplaces, facilitation of emergency vehicles or resident medical personnel in fulfilling the need for emergency access and just as importantly the lack of authority figures such as police at key intersections to insure needed and safe passage during and after a special event. For all of the reasons outlined in the above paragraphs, a meeting was held with the various named association representatives to provide some suggestions to facilitate and improve upon the current process for the approval and implementation of special events in 2014. Our goal would be to implement recommended changes during 2014 and follow -up with a joint meeting of Community and City of Buffalo representatives at the conclusion of the 2014 calendar to further enhance the protocol for special events. In addition, we welcome any suggestions from City of Buffalo representatives, race /event organizers and our community leaders to solidify this recommendation as a "working model" for future events. While not listed in priority, the suggestions categorized below are representative of the types of changes that could be readily incorporated into the proposed "working special event model" such as ..... Designated Route Suggestions: a) Utilize one side of the street for race participants. b) Provide ingress /egress during the races in particular for emergency vehicles, resident medical personnel, scheduled airport flights, and other agreed upon pre - scheduled appointments. c) Direct racers coming from the North to divert from Delaware Avenue to Pearl Street at an appropriate re -entry point joining Marine Drive. Enter the waterfront roadway to the Observation Tower beyond (west) of Marine Apartments. This will allow ingress /egress to /from Lakefront Boulevard and Bingham Street on to the 1 -190. d) Dedicate half of Erie Street and Lakefront Boulevard for runners and the other half for motor vehicles. e) There Is no reason why any event should use Lakefront Boulevard or enter the Waterfront Village residential areas whose residents have only ONE MEANS OF INGRESS OR EGRESS given the number of alternative race locations. f) Provide one exit at Marine Drive east or west end. Do not block both ends of the street. g) Replace the previously removable barrier posts at each end of the bike path at LaSalle Park entry off of Lakefront Boulevard. For emergencies only, access to the bike path could be controlled by removing and replacing the barrier posts prior to and immediately after a special event. h) Start at the Naval Park and end somewhere else in lieu of starting and ending race in the same area 2 -.J Number of Events Suggestions: a) Events should be cycled through other neighborhoods - no repeat year after year without some special significance such as Buffalo Marathon. b) Limit size of events to an agreeable amount of participants. An alternative site for larger events is the Coast Guard Base. 3)Staffing of Events Suggestions: a) Station a police officer at agreed upon key intersections to allow residents to pass through during a race or special event. Examples: Lakefront Boulevard and Erie Street, Bingham and Erie Streets as it was noted that when police are stationed at key intersections, the amount of waiting time is minimal. b) Provide for parking spaces /security under the 1 -190 along Bingham Street the night before the scheduled event for use by residents. c) Set up requirements with race organizers as to the number and location of Police in particular at agreed upon critical intersections. It was evident that volunteer staff for various races lacks an understanding of the protocol for the management of personnel and /or vehicles during an event. 4)Communication of Events Suggestions: a) Advise all residents well in advance of the planned 2014 Race /Special Events schedule within the Waterfront Village and Erie Basin Marina (minimum of 90 days). b) Provide for a "shortened" time window for ingress /egress from the Waterfront Village. Example: If a special event starts at 7:00 AM at Delaware Park and its planned route is through the Waterfront Village, don't close the roads at 6:30 AM when race will not proceed through the area until hours later. c) Establish a "protocol" for emergency as well as resident emergency personnel such as special identification. d) Designate a liaison from the waterfront village Advisory Council and Marine Drive Apartments to work with event organizers and police well in advance of the event. In closing, the above comments are suggestions that could become the discussion points for the planning of the 2014 special event schedule with the respective community, race organizers and City of Buffalo representatives. We look forward to the opportunity to further enhance the image of the City of Buffalo while accommodating the needs of those residents most often impacted by the special events in creating a working special event model. If there are any questions or further information needed, please contact Frank Lysiak, Executive Director, WVAC, at the above address, cell phone 713 -0029 or e-mail fiysiak @aol.corn Thank you for your understanding and support REFERRED TO THE COMMITTEE ON COMMUNITY OF DEVELOPMENT. COMMISSIONER OF PUBLIC WORKS, COMMISSIONER OF PARKING AND SPECIAL EVENTS PETITIONS NO. 20 J. LIU, OWNER, USE 582 GRANT- CHANGE USE FROM ICE CREAM SHOP TO SIT -IN RESTAURANT AND FOOD STORE, WITH SIDEWALK CAFES(NO HRG)(NORTH) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD REGULAR COMMITTEES CIVIL SERVICE (BONNIE E. RUSSELL, CHAIRPERSON) NO. 21 APPOINT EQUIPMENT OPERATOR (PROV)(MAX)(CAMPEAU)(PW) (CP# 30,12/23) Mrs. Russell moved That Communication 30 of December 23, 2013, be received and Filed and that the Provisional appointment of Jeffrey Campeau, 407 Huntington Ave, Buffalo, NY 14214 at the Maximum Salary of $38,615.00 is hereby approved PASSED AYES — 8, NOES - 0 NO. 22 APPOINT TRUCK DRIVER (TEMP)(INTER)(SIMMONS)(PW) (CCP# 31,12/23) Mrs. Russell moved That Communication 31 of December 23, 2013, be received and Filed and that the Temporary appointment of Christopher Simmons, 606 Kensington Ave, Buffalo, NY 14214 at the Intermediate Salary of $24,341.00 is hereby approved PASSED AYES -9 NOES -0 NO. 23 NOTICES OF APPOINTMENTS - TEMP /PROV /PERM CCP# 42, 12/23 Mrs. Russell moved: That the above item be the same and hereby is Received and Filed ADOPTED FINANCE (RICHARD A. FONTANA CHAIRMAN) NO. 24 BUFFALO WATER BOARD - CONTRACT YEAR 4 CCP# 44, 12/23 Mr. Fontana moved: That the above item be the same and hereby is Received and Filed ADOPTED NO. 25 M. HOLMAN -STOP THE VIOLENCE COALITION INC. PURSUE LEASE AT 1532 GENESEE ST CCP# 43, 09/17 Mr. Fontana moved: That the above item be the same and hereby is Received and Filed ADOPTED NO. 26 S. COLON - DEVELOPMENT OF CITY FUNDS FROM JP MORGAN CHASE BANK CCP# 90, 09/04 Mr. Fontana moved: That the above item be the same and hereby is Received and Filed ADOPTED COMMUNITY DEVELOPMENT (JOSEPH GOLOMBEK, JR., CHAIRMAN) NO. 27 REPORT OF SALE - 130 HAWLEY, 132 HAWLEY AND 134 HAWLEY (NORTH)(STRAT PLAN (COM #16, DEC 23) 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. LEGISLATION (CHRISTOPHER P. SCANLON, CHAIRMAN) NO. 28 P. SCHOLL, AGENT, TO USE 2190 SOUTH PARK TO ADD A TAKE -OUT RESTAURANT TO A CUSTARD STAND IN THE SOUTH PARK BUSINESS DISTRICT (SOUTH)(DPIS) (ITEM NO. 48, C.C.P., DEC. 23, 2013) Mr. Scanlon moved: That the above item be, and the same hereby is, returned to the Common Council with a recommendation for approval; That the Common Council hereby approves the application of P. Scholl, Agent, to alter the use of a custard stand located at 2190 South Park to include a restaurant (take -out only) in the South Park Business District. PASSED AYES -8 NOES -0 NO. 29 N. ALHOMSKI, OWNER, TO USE 502 ELMWOOD TO REESTABLISH A RESTAURANT IN THE E1MWOOD AVENUE BUSINESS DISTRICT (NIA)(DPIS) (ITEM NO. 49, C.C.P., DEC. 23, 2013) Mr. Scanlon moved: That the above item be, and the same hereby is, returned to the Common Council with a recommendation for approval; That the Common Council hereby approves the application of N. Alhomski, Owner, of 502 Elmwood Avenue to reestablish a restaurant in the Elmwood Avenue Business District. PASSED AYES — 8, NOES - 0 NO. 30 S. MUCINO, OWNER, TO USE 765 ELMWOOD TO OPEN EXISTING RESTAURANT IN THE ELMWOOD AVENUE SPECIAL ZONING DISTRICT (DEL)(DPIS) (ITEM NO. 50, C.C.P., DEC. 23, 2013) Mr. Scanlon 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- 56D(1) of the City of Buffalo Code, the Common Council hereby approves the application of S. Mucino, Owner, of 765 Elmwood Avenue to open an existing restaurant in the Elmwood Avenue Special Zoning District under new management. PASSED AYES — 8, NOES - 0 NO. 31 REAPPOINTMENT OF DEPARTMENT HEADS PURSUANT TO §54 OF THE CITY CHARTER (MAYOR) Mr. Scanlon moved: That the above item be, and the same hereby is returned to the Common Council with a recommendation for approval; and That the Common Council hereby reconfirms the following mayoral appointments of department heads, effective January 1, 2014: • Timothy A. Ball, Corporation Counsel • James Comerford, Commissioner of Permits and Inspection Services • Daniel Derenda, Commissioner of Police • Donna J. Estrich, Commissioner of Administration, Finance, Policy and Urban Affairs • Kevin Helfer, Commissioner of Parking • Steven J. Stepniak, Commissioner of Public Works, Parks and Streets • Garnell W. Whitfield, Jr. Commissioner of Fire PASSED AYES -8 NOES -0 NO. 32 SEQR NEGATIVE DECLARATION GANSON ENTERTAIN M ENT(PLAN BD) (COM 10, DEC 23) That the above item be and hereby is referred to the Common Council without a recommendation: Mr. Scanlon now moves that the item be Received and Filed. ADOPTED. NO. 33 AGREEMENT FOR PURCHASE, INSTALLATION AND MAINTENANCE OF LICENSE PLATE READERS (POLICE) (ITEM NO. 32, C.C.P., DEC. 23, 2013) Mr. Scanlon moved: That the above item be, and the same hereby is, returned to the Common Council with a recommendation for approval; That the Common Council hereby authorizes the Commissioner of the Buffalo Police Department to accept the following grants for the installation and utilization of fixed license plate readers: COPS TECH GRANT 2008:20910007- 474100 -10394 COPS TECH GRANT 2009:21030006 - 434000 -10466 That the Common Council hereby authorizes the Commissioner of Police to enter into a contract between the Buffalo Police Department and Federal Signal Corporation for the installation of foxed license plate readers in an amount not to exceed $219,873.00. PASSED AYES -8 NOES -0 NO. 34 J. SCHENNE, PE, AGENT, USE 369 GANSON FOR A TWO -STORY STEEL AND CONCRETE SKATING RINK, EXHIBITION HALL AND OFFICES WITH PARKING IN THE BUFFALO SPECIAL REVIEW DISTRICT (SOUTH)(DPIS) (ITEM NO. 34, C.C.P., NOV. 12, 2013) Mr. Scanlon moved: That the above item be, and the same is hereby returned to the Common Council without recommendation: That the Common Council hereby authorizes the Commissioner of the Department f Permits and Inspection Services, pursuant to Section 511 - 67(A)(4) of the City Code, to issue a restricted use permit to erect a two -story steel and concrete skating rink, exhibition hall and offices with parking at 359 Ganson Street in the Buffalo Special Review District, subject to the conditions that the permit holder: 1. Place signage on both Ohio & Michigan Streets to guide the RiverWorks' guests as well as general public and industrial users to their respective destinations; 2. Implement sufficient security and traffic control at the pond hockey event, including but not limited to, payment to the City of Buffalo to cover all Buffalo Police Department overtime costs incurred as a result of the pond hockey event; 3. Provide demonstrable proof that the pond hockey event will have shuttles available at RiverWorks' sole expense in sufficient quantity and capacity to move the pond hockey participants and attendees from distant parking areas to the pond hockey event; 4. Ensure that the sidewalks in the area are cleared of snow where determined necessary by the Commissioner of Public Works, Parks and Streets to facilitate safe access to the venue; and subject to the further condition that, if a safety agreement, detailing necessary conditions, procedures and improvements for the continuation of the restricted use permit beyond the last day of the pond hockey tournament is not reached with the Department of Public Works, Parks and Streets, the restricted use permit shall lapse. PASSED AYES — 8, NOES - 0 NO. 36 RESTRICTED USE PERMIT - 76 W. CHIPPEWA (ELI) (CITY CLK) (ITEM NO. 36, C.C.P., DEC. 10, 2013) Mr. Scanlon moved: That the above item be, and the same hereby is, returned to the Common Council with a recommendation for approval; That the 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 January 17, 2014 is approved. PASSED AYES — 8, NOES - 0 NO. 36 RESTRICTED USE PERMIT - 76 W. CHIPPEWA (ELL) (CITY CLK) (ITEM NO. 36, C.C.P., DEC. 10, 2013) Mr. Scanlon moved: That the above item be, and the same hereby is, returned to the Common Council with a recommendation for approval; That the 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 January 31, 2014 is approved. PASSED AYES — 8. NOES - 0 RESOLUTIONS NO. 37 BY: MR. GOLOMBEK EXTENDING THE PUBLIC COMMENT PERIOD OF THE DRAFT ENVIRONMENTAL IMPACT STATEMENT FOR THE NY GATEWAY CONNECTIONS IMPROVEMENT PROJECT Whereas: The U.S. Federal Highway Administration and the New York State Department of Transportation are conducting an Environmental Impact Statement for the NY Gateway Connections Improvement Project to the U.S. Peace Bridge Plaza in accordance with their responsibilities under the National Environmental Policy Act of 1969, as amended, and the New York State Environmental Quality Review Act; and Whereas: The public comment period for the 2,083 -page Draft Environmental Impact Statement for the NY Gateway Connections Improvement Project opened on November 15, 2013 and closes on January 13, 2014; and Whereas: Numerous religious and federal holidays fell during the period of November 15, 2013 to January 13, 2014, restricting the amount of time that many citizens of Buffalo had to review and interpret the 2,083 pages of technical information contained in the Draft Environmental Impact Statement; mad Whereas: Significant public controversy surrounds the NY Gateway Connections Improvement Project, as many citizens of Buffalo and prominent community environmental organizations have criticized the merits of the project and its impact on the health and welfare of the children and adults living nearest the project site; and Whereas: Of the 15,000 residents who live within a one -mile radius of the project site, 69% are minority, 47% live below the poverty line, and 10% have no English or Spanish language proficiency, but speak one of over 40 other languages; and Whereas: Despite the language barrier, the U.S. Federal Highway Administration and the New York State Department of Transportation have only issued project materials in English and Spanish, excluding 10% of the entire population from accessing project materials; and Whereas: The asthma rate among children and adults living nearest the project site is four times the national average, which multiple peer reviewed university medical research studies attribute to operations at the Peace Bridge; and Whereas: Recent media investigations into the NY Gateway Connections Improvement Project have exposed significant inconsistencies that challenge the integrity of the environmental review processes being administered by the U.S. Federal Highway Administration and New York State Department of Transportation for the project; and Whereas: Denying the public adequate time to review project materials and respond appropriately under these circumstances would place an unnecessary hardship on a community that has actively participated in the public process involving the Peace Bridge crossing for over 20 years; and Whereas: Pursuant to the National Environmental Policy Act of 1969, as amended, and the New York State Environmental Quality Review Act, the U.S. Federal Highway Administration and the New York State Department of Transportation, respectively, have the authority to extend the deadline for public comment periods and have done so in the past under circumstances far less complicated than that which surround this project; and Now, Therefore, Be It Resolved: That the Common Council of the City of Buffalo formally requests that the U.S. Federal Highway Administration and the New York State Department of Transportation extend the public comment period for the NY Gateway Connections Improvement Project to the U.S. Plaza for an additional 45 days, from January 13, 2014 to February 28, 2014; further publicize the project materials and website, and the community's ability to provide comment; and perform outreach to the 10% of nearby residents with no English or Spanish proficiency; and Be it Finally Resolved: That a copy of this resolution be forwarded to Administrator Victor M. Mendez of the U.S. Federal Highway Administration; Commissioner Joan McDonald of the New York State Department of Transportation; Daniel Street, Robert Davies, and Maria Lehman of the of the New York State Department of Transportation; Associate Director for NEPA Oversight Horst G. Greczmiel of the White House Council on Environmental Quality; mad Region 11 Administrator Judith A. Enek of the U.S. Environmental Protection Agency. REFERRED TO THE COMMITTEE ON COMNUNITY DEVELOPMENT. NO. 38 BY MR. GOLOMBEK, JR REQUEST INVESTIGATION BY THE WHITE HOUSE COUNCIL ON ENVIRONMENTAL QUALITY AND THE U.S. ENVIRONMENTAL PROTECTION AGENCY INTO THE ENVIRONMENTAL REVIEW PROCESSES UNDERTAKEN FOR PEACE BRIDGE RELATED PROJECTS SINCE JANUARY 1, 2012- PURSUANT TO THE NATIONAL ENVIRONMENTAL POLICY ACT OF 1969, AS AMENDED; EXECUTIVE ORDER 12898 (FEDERAL ACTIONS TO ADDRESS ENVIRONMENTAL JUSTICE IN MINORITY POPULATIONS AND LOW- INCOME POPULATIONS); AND TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 Whereas: The U.S. Federal Highway Administration and the New York State Department of Transportation are conducting an Environmental Impact Statement for the NY Gateway Connections Improvement Project to the U.S. Peace Bridge Plaza pursuant to the National Environmental Policy Act of 1969, as amended; and Whereas: Significant public controversy surrounds the NY Gateway Connections Improvement Project, as many citizens of Buffalo and prominent community environmental organizations have criticized the merits of the project and its impact on the health and welfare of the children and adults living nearest the project site; and Whereas: Of the 15,000 residents who live within a one -mile radius of the project site, 69% are minority, 47% live below the poverty line, and 10% have no English or Spanish language proficiency, but speak one of over 40 other languages; and Whereas: Despite the language barrier, the U.S. Federal Highway Administration and the New York State Department of Transportation have only issued project materials in English and Spanish, excluding 10% of the entire population from accessing project materials; and Whereas: For projects in other communities with fewer minorities and persons living below the poverty line, the U.S. Federal Highway Administration and the New York State Department of Transportation have conducted more thorough and inclusive environmental review processes pursuant to the National Environmental Policy Act of 1969, as amended; and Whereas: The asthma rate among children and adults living nearest the project site is four times the national average, which multiple peer reviewed university medical research studies attribute to commercial truck traffic accessing the Peace Bridge international border crossing; and Whereas: The original purpose of the NY Gateway Connections Improvement Project, as stated in official project documents and press releases, included the broad goals of improving air quality and reducing the use of local streets by interstate traffic. However, the goal to improve air quality is no longer included in the project's stated purpose; and Whereas: Recent media investigations into the NY Gateway Connections improvement Project have exposed significant inconsistencies that challenge the integrity of the environmental review processes being administered by the U.S. Federal Highway Administration and the New York State Department of Transportation for the project; and Whereas: Recent media investigations into a Peace Bridge neighborhood air quality study released by the New York State Department of Environmental Conservation on October 9, 2013 exposed that the study includes misleading, inaccurate, and incomplete information. The findings of the study were relied upon for the air quality analysis included in the 2,083 -page Draft Environmental Impact Statement for the NY Gateway Connections Improvement Project, and preliminary findings were used by the U.S. General Services Administration for the air quality analysis included in their 35 -page Categorical Exclusion document for the Renovations and Addition to the Commercial Building, Peace Bridge Plaza Project released on November 15, 2012; and Whereas: The National Environmental Policy Act of 1969, as amended, requires that federal agencies "rigorously explore and objectively evaluate all reasonable alternatives... [and] include reasonable alternatives not within the jurisdiction of the Lead Agency." There are multiple projects that are underway or planned for the Peace Bridge, adjacent properties, and other nearby international border crossings. Of the environmental reviews completed in the last two years pursuant to the National Environmental Policy Act of 1969, as amended, none have adequately examined cumulative impacts, and in several instances, the public announcement of projects has been staggered, thereby obscuring the government's responsibility to conduct a cumulative impacts analyses; and Whereas: Pursuant to fire National Environmental Policy Act of 1969, as amended, the White House Council on Environmental Quality is responsible for ensuring that federal agencies meet their obligations under the Act; and Whereas: Pursuant to Executive Order 12898 (Federal Actions to Address Environmental Justice in Minority Populations and Low - Income Populations), federal agencies must identify and address the disproportionately high and adverse human health or environmental effects of their actions on minority and low- income populations and provide minority and low- income communities access to public information and public participation; and Whereas: Pursuant to Title VI of the Civil Rights Act of 1964, discrimination is prohibited on the basis of race, color, and national origin for programs and activities receiving federal financial assistance; and Now, Therefore, Be It Resolved: That the Common Council of the City of Buffalo formally requests that the White House Council on Environmental Quality and U.S. Environmental Protection Agency investigate the environmental review processes underway or completed since January 1, 2012 by federal agencies for projects associated with the Peace Bridge international border crossing pursuant to the National Environmental Policy Act of 1969, as amended, for total compliance with the Act, as well as with Executive Order 12898 (Federal Actions to Address Environmental Justice in Minority Populations and Low - Income Populations) and Title VI of the Civil Rights Act of 1964. Be it Further Resolved: That the Common Council of the City of Buffalo formally requests that the U.S. Federal Highway Administration and New York State Department of Transportation suspend the Environmental Impact Statement process of the NY Gateway Connections Improvement Project until the White House Council on Environmental Quality and U.S. Environmental Protection Agency complete the above - requested investigation. Be it Finally Resolved: That a copy of this resolution be forwarded to Associate Director for NEPA Oversight Horst G. Greczmiel of the White House Council on Environmental Quality; Region II Administrator Judith A. Enek of the U.S. Environmental Protection Agency; Administrator Victor M. Mendez of the U.S. Federal Highway Administration; Commissioner Joan McDonald of the New York State Department of Transportation; and Daniel Street, Robert Davies, and Maria Lehman of the of the New York State Department of Transportation. REFERRED TO THE COMMITEE ON CONNUNITY DEVELOPMENT NO. 39 SPONSOR: MICHAEL J. LOCURTO RE: WAIVE PERMIT FEES FOR OLMSTED FLURRIOUS! WINTER FESTIVAL 2014 Whereas, the 4 h annual Olmsted Conservancy's Flurrious! Winter festival will be held on Saturday, February 1 sc, 2014 in Delaware Park from 9am until 6pm; and Whereas, This free, family - friendly event celebrates Buffalo winters in a way that encourages the community to come out and enjoy both spectator and participant sports, including kickball, bicycle riding, a quidditch tournament, snow golf and many children's activities, such as coloring and science demonstrations; and Now, Therefore, Be it Resolved That: The City of Buffalo Common Council hereby waives all permit fees associated with holding Olmsted Conservancy's 4 Annual Flurrious! Winter Festival on February 1 sc, 2014 in Delaware Park from 9am to 6pm; and Be it Further Resolved: That a copy of this resolution be sent to the Department of Parks and Recreation. PASSED AYES — 8, NOES - 0 NO. 40 BY: MRS RUSSELL BUDGET AND PERSONNEL AMENDMENT 21- FIRE DEPARTMENT 1136 - FIRE ALARM & TELEGRAPH 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 21 1135 - Alarm & Telegraph which currently reads: 3 Fire Alarm Dispatcher $75,890 1 Senior Emergency Services Fire Dispatcher $32,618 - $54,364 Is hereby amended to read: 2 Fire Alarm Dispatcher $75,890 2 Senior Emergency Services Fire Dispatcher $32,618 - $54,364 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 GARNELL W. WHITFIELD, COMMISSIONER OF FIRE AND DONNA J. ESTRICH, COMMISSIONER OF ADMINISTRATION, FINANCE, POLICY AND URBAN AFFAIRS, 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. APPROVED AS TO FORM Corporation Counsel PASSED AYES — 8, NOES - 0 NO. 41 BY: MS. RUSSELL BUDGET AND PERSONNEL AMENDMENT 66- PERMITS & INSPECTIONS 1161 - LICENSES & PERMITS 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 65 -1151 - Licenses & Permits which currently reads: 1 Typist $30,507 - $33,526 Is hereby amended to read: 1 Senior Account Clerk Typist $31,418- $36,079 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 JAMES W. COMERFORD, COMMISSIONER OF PERMITS AND INSPECTIONS AND DONNA J. ESTRICH, COMMISSIONER OF ADMINISTRATION, FINANCE, POLICY AND URBAN AFFAIRS, hereby certify that the above change is necessary for the proper conduct, administration and performance of essential services of that department. We recommend that the compensation for said position be fixed at the respective amount set forth in the foregoing ordinance. PASSED AYES — 8, NOES - 0 NO. 42 BY: MS RUSSELL BUDGET AND PERSONNEL AMENDMENT 01 - LEGISLATIVE 1014 - COMMON COUNCIL LEGISLATIVE #13 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, 1014 - Common Council Legislative #13, which currently reads: 1 Senior Legislative Assistant $46,083 1 Legislative Assistant $41,163 Is hereby amended to read: 1 Senior Legislative Assistant $46,083 1 Assistant Legislative Aide $27,018 It is hereby certified, pursuant to Section 3 -19 of the Charter, that the immediate passage of the foregoing ordinance is necessary. IT IS HEREBY CERTIFIED, that a personnel requisition incident to the creation of the above - mentioned position, containing a statement of the duties for such position, has been filed with the Municipal Civil Service Commission, and said Commission has approved and certified the position title set forth in the foregoing ordinance as being the appropriate Civil Service title for the proposed position BYRON W. BROWN, MAYOR, GERALD CI- IWALINSKI, CITY CLERK, AND DONNA J. ESTRICIH, COMMISSIONER OF 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. This Amendment is to be effective January 20, 2014. PASSED AYES — 8, NOES - 0 NO. 43 BY CHRISTOPHER P. SCANLON WAIVE PARK BUILDING USE FEE FOR MONTHLY SOUTH BUFFALO COALITION MEETINGS AT TOSH COLLINS COMMUNITY CENTER WHEREAS, Chapter 175 of the Code of the City of Buffalo establishes a schedule of fees that are to be charged with respect to licenses, permits, and activities required or regulated under the provisions of various chapters of the Code; and WHEREAS, The South Buffalo Coalition Meeting is a monthly meeting that gives South Buffalo Block Club Leaders, civic organizations, A- District Community Police Officers, and elected officials the opportunity to come together and discuss issues pertinent to quality of life in the South District; and WHEREAS, These meetings are held the final Monday of every month at Tosh Collins Community Center; and WHEREAS, The South Buffalo Coalition is not for profit and greatly benefits the South Buffalo community as a whole; and NOW, THEREFORE, BE IT RESOLVED, That the Common Council of the City of Buffalo respectfully requests Department of Public Works, Parks, & Streets waive the Park Building Use fee for all of the South Buffalo Coalition meetings scheduled in 2014; and BE IT FURTHER RESOLVED, That the City Clerk forward a copy of this resolution to the Commissioner of the Department of Public Works. PASSED AYES — 8, NOES - 0 BY: MR. SMITH NO. 44 COUNCIL MEMBER GOLOMBEK EXCUSED FROM COUNCIL MEETING RESOLVED: That Council Member Joseph Golombek, Jr., be and hereby is excused from attendance at the Common Council Meeting of January 7, 2014. ADOPTED. NO. 46 BY: DEMONE A SMITH APPOINTMENTS COMMISSIONERS OF DEEDS REQUIRED FOR THE PROPER PERFORMANCE OF PUBLIC DUTIES That the following person(s) are hereby appointed as Commissioner of Deeds for the term ending December 3t, 2014, conditional upon the persons so appointed certifying under oath to their qualifications and filing same with the City of Buffalo. Malcolm Aaron Ertha Total: 1 ADOPTED NO. 46 BY: DEMONE A SMITH APPOINTMENTS COMMISSIONER OF DEEDS That the following person(s) are hereby appointed as Commissioner of Deeds for the term ending December 31, 2014, conditional, upon the person so appointed certifying under oath to their qualifications and filing same with the City Clerk. Linda M. Bain Samantha Bobeck Robert Brandon Robert Davidson Richard Hall James C, Kennedy Robert J ,McLennan Shannon Patch Keina Jackson Lauren Rivett Margaret Sinkiewicz TOTAL: 11 ADOPTED NO. 47 ANNOUNCEMENT OF COMMITTEE MEETINGS The following meetings, are scheduled. All meetings are held in" the Common Council Chambers, 13 floor City Hall, Buffalo, New York, unless otherwise noted. Regular Committees Committee on Civil Service Tuesday, January 14, 2014 at 9:45 o'clock A.M. Committee on Finance following Civil Service Tuesday, January 14, 2014 at 10:00 o'clock A.M Committee on Comm. Dev. Tuesday, January 14, 2014 at 1:00 o'clock P.M. Committee on Legislation Tuesday, January 14, 2014 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. ADOPT NO. 48 ADJOURNMENT On a motion by Mr. Smith, Seconded by Mrs. Russell, the Council adjourned at 1:01 PM GERALD A. CHWALINSKI CITY CLERK