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HomeMy WebLinkAbout14-0121NO. 2 PROCEEDINGS OF THE CITY OF BUFFALO JANUARY 21, 2014 MAYOR Hon. Byron W. Brown COMPTROLLER Mark J. F. Schroeder COMMON COUNCIL PRESIDENT OF THE COUNCIL ELLICOTT DISTRICT 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 - UNIVERSITY CHRISTOPHER P. SCANLON -SOUTH REGULAR COMMITTEES CIVIL SERVICE COMMITTEE: - Chairman, Richard A. Fontana, David A. Rivera, Demone A. Smith- Members CLAIMS COMMITTEE: David A. Rivera Chairman, Joseph Golombek, Jr., Michael J. LoCurto - Members COMMUNITY DEVELOPMENT COMMITTEE: Joseph Golombek, Jr., Michael J. LoCurto, David A. Rivera, -, Christopher P. Scanlon - Members FINANCE COMMITTEE: Richard A. Fontana, Chairman, Michael J. LoCurto, David A. Rivera, , 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., , Christopher P. Scanlon- Members MINORITY BUSINESS ENTERPRISE COMMITTEE: Demone Smith Chairman, Joseph Golombek Jr., David A. Rivera,— 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 INVOCATION PLEDGE TO FLAG DATE January 21, 2014 FINAL MAYOR 47- AA. Appointment of Acting Human Resources Commissioner(Herndon -Hill) R &F MAYOR - EXECUTIVE 48- 1. Cit Serv- Submission of Monthly Report for Dec 2013 R &F 49- 2. Strat Plan- Report of Sale -1184 Bailey Ave(Lov) APP 50- 3. Strat Plan- Report of Sale -363 Connecticut St(Nia) APP 51- 4. Strat Plan- Report of Sale -487 Dodge(Ell) CD 52- 5. Strat Plan- Report of Sale -938 Humboldt(Ell) CD 53- 6. Strat Plan- Report of Sale -121 Johnson St(Ell) CD 54- 7. Strat Plan- Report of Sale -647 Norfolk(Mas) CD 55- 8. Strat Plan- Report of Sale -680 North umberland(Mas) CD 56- 9. Strat Plan- Report of Sale -255 Reed(Fill) APP 57- 9A Strat Plan- Amendment of City Revisionary Rights -Bflo Phsych Center APP 58- 10. Strat Plan- Appoint Laborer II (Perm)(Intern)(Whitaker) CS COMPTROLLER 59- 11. Amendment to the COB Investment Policy FIN PUBLIC WORKS 60- 12. Notification Serials- 10686 -87 R &F 61- 13. Permission to Engage Services of Consulting Engineer- Update for Water System APP 62- 14. Permission to Hire a Consultant and Enter Into an Agmt- Emergency Services APP 63- 15. Permission to Re -Enter Agmt W /NYS UCS -City Court Reimbursement APP 64- 16. Report of Bids - Asarese Matters CC -Rehab Project APP 65- 17. Report of Bids - Broderick Park Improvements -Phase 2 APP 66- 18. Report of Bids - Johnnie B. Wiley -Field Relighting APP 67- 19. Report of Bids- OFWCC- Public Improvements Project APP 68- 20. Report of Bids - Pratt - Willert CC- Public Improvements Project APP 69- 21. Report of Bids -WSCC -Rehab Project APP POLICE 70- 22. Drug Asset Forfeiture Annual Certification Report and Audit 06/30/2013 R &F 71- 23. Permission to Accept 2013 -14 Auto Theft Grant Funds APP 72- 24. Permission to Accept 2013 -14 IMPACT Grant Funds APP 73- 25. Permission to Accept 2014 DCJS IMPACT Supplemental License Reader Grant APP 74- 26. Permission to Accept 2013 -14 Operation Protect Kids -Youth Tobacco Grant APP 75- 27. Permission to Accept 2013 -14 Reimbursements Law Enforcement Partners APP 76- 28. Permission to Accept 2013 Stonegarden Grant Funds APP 77- 29. Permission to Accept 2014 -17 STOP DWI Funds APP 78- 30. Permission to Accept 2013 State Homeland Security Funds APP 79- 31. Permission to Accept Video Taping Interview Grant APP 80- 32. Appoint Police Captain (Perm)(Jentz)(Menza) CS 81- 33. Appoint Police Captain (Contingent Perm)(Lark) CS 82- 34. Appoint Detective( Perm )(Stover- Kelly,Guilian,Long) CS 83- 35. Appoint Detective Sergeant(Prov)(Teague,Holloway) CS 84- 36. Appoint Police Inspector(Perm)(Barba) CS 85- 37. Appoint Police Lieutenant (Perm)(Wright,Hosking,Cyrek, Beyer,Langdon) CS 86- 38. Appoint Police Lieutenant(Contingent Perm) (Blesy, Con nolly) CS 87- 39. Appoint Police Officer(Perm)(Bridge,Raye, Graeber ,Jones, Krug, Cruz, Ortiz, Parana Moffett,Thomas, Dom ros, Schafer, Miller, Sullivan ,Maritato,EsquiI in, Skalski, DiPasquale, Serrano - Cardona, Nightingale- Griffin,May,Witkowski, Burgese,O' Brien, Murray, Becker, McDowell, Bence, Clszek, Fisher, Otwel1, McClain CS FIRE 88- 40. Purchase of Fire Department Apparatus APP CORPORATION COUNSEL 89- 40A Claims Committee Meeting -Jan 29, 2014 CLAIMS 90- 40B Extension of Lock Up Agmt Btwn COB & EC- Pre - Arranged Female Arrestees APP PERMITS AND INSPECTIONS 91- 41. Food Store License Renewals 2014 LEG 92- 42. Food Store License (New) -1291 Broadway(Fill) LEG 93- 43. Food Store License (New) -514 Ontario(North) LEG 94- 44. Food Store License (New) -59 Walden(Fill) LEG 95- 45. Food Store License (New) -243 Walden(Fill) LEG 96- 45A Used Car Dealer -771 Broadway(Fill) LEG 97- 46. Used Car Dealer -534 Colvin Ave(Del) LEG BOARD OF EDUCATION 98- 47. City Hall Security C PRES CITY CLERK 72. 99- 48. Liquor License Applications R &F 100- 49. Leaves of Absence R &F 101- 50. Notices of Appointment - Seasonal R &F 102- 51. Notices of Appointments- Temp /Prov /Perm CS MISCELLANEOUS 103- 52. Resume for University District Seat - Archie L. Amos Jr. COW 104- 53. Resume for University District Seat -Dr. Chris W. Brown Jr. COW 105- 54. Resume for University District Seat - Reginald J. Griggs COW 106- 55. Resume for University District Seat - Michael V. Hicks COW 107- 56. Resume for University District Seat - Lilton L. Kelley COW 108- 57. Resume for University District Seat - Nellie B. King COW 109- 58. Resume for University District Seat -Mary M. O'Rourke COW 110- 59. Resume for University District Seat - Rasheed N.C. Wyatt COW 111- 60. Resume for University District Seat - Christopher Becker(Filed 01/16/2014) COW 112- 61. B. Boetig- Response City Hall Security( #72, CCP 12/23/13) C PRES 113- 62. Bflo Wtr Bd- Monthly Water Board Report December 2013 R &F 114- 63. LP Ciminelli -Board Packet Documents January 2014 ED 115- 64. H Johnson - Concerns Hip Hop Culture Impact on African American Students ED 116- 65. K. Mecca -Req Public Comment Deadline Extension for NY Gateway Connections 117- 66. J. Milbrand - Appeal of Preservation Bd Decision Pertaining to 130 South Park LEG 118- 67. J. Montour - Dormitory, NYC Urban Planning and Bridge Authorities CD 119- 68. B. Russell- Letter of Resignation R &F PETITIONS 120- 69. B. Buccoleri, Agent, Use 2272 Genesee, For Restaurant Take -Out to an Existing Grocery Store(hrg 1/28/14)(Lov) LEG,CPBD 121- 70. M. Miranda, Owner, Use 3144 Main St to Re -Open an Existing Bar /Restaurant (hrg 1/28/14)(Unvi) LEG,CPBD RESOLUTIONS 137- 71. Fontana, etc Apply Fees, Fines and Penalties Directly to COB Property Tax Bill LEG 138- 72. Fontana, etc Hold Independent In -Rem Auction for Demo - Slated Properties CD 139- 73. Fontana Waiver of Room Usage Fees for Kaisertown Coalition Block Club 2014 Meetings APP 140- 74. Golombek Waive Fees - Planning Bd, Pres Bd, and Bldg Fees - Olmsted and City Parks Projects R &F 141- 75. Pridgen New Council Member Training RULES 142- 76. Pridgen Sexual Harassment Prevention Training ADOPT 143- 77. Pridgen Project Slumlord ADOPT 144- 78. Pridgen Request PW to Assign Pd Staff to Act as Liaison Btwn Telecommunications and Apollo ADOPT 145- 78A Smith Excuse Councilmember LoCurto From 01/21/2014 Meeting ADOPT 146- 79. Smith Felicitations in Memoriam ADOPT 147- 80. Smith Comm of Deeds Public Duties ADOPT 148- 81. Smith Comm of Deeds ADOPT SUBMISSION LIST OF COMMITTEE ITEMS FOR THE COUNCIL MEETINGS CIVIL SERVICE 122- 1. 14 -6 Com Jan 7 Appoint Motor Equipment Maintenance Supery I(Inter)(Herbert)(PW) APP 123- 2. 14 -8 Com Jan 7 Appoint Building Inspector(Perm)(Fifth Step) (White) (EDP I) APP 124- 3. 14 -14 Com Jan 7 Notices of Appointments- Temp /Prov /Perm(Cty Clk) R &F FINANCE 125- 4. 14 -1 Com Jan 7 Comprehensive Annual Report -FY 06 /30 /2013(Compt) R &F 126- 5. 14 -9 Com Jan 7 Perm to Utilize New Cooperative Purchasing Law Exc to Competitive Bidding(A &F) APP COMMUNITY DEVELOPMENT 127- 6. 14 -18 No Jan 7 C. Walker- Update Regarding Seneca Buffalo Creek Casino R &F 128- 7. 14 -19 No Jan 7 Waterfront Village Advisory- Concerns Special Events Held Within Waterfront Area TABLE 129- 8. 14 -37 Res Jan 7 Extending Public Comment Period For NY Gateway Connections Improvement Project(Golombek) ADOPT 130- 9. 14 -38 Res Jan 7 Req Investigation By White House council Into Environmental Review Processes Undertaken for Peace Bridge Related Projects(Golombek) RECOMMIT 131- 10. 14 -27 No Jan 7 Report of Sale 130, 132 & 134 Hawley(North)(Strat Plan)( #16,12/23) APP 132- 11. 13 -74 No Sept 3D. Smith - Article Ohio city Attracts Plaudits for Tackling Foreclosure Blight R &F 133- 12. 13 -58 No Feb 19D. Pridgen - Article Re Ice Hockey at Soldier Field- Expanded Use of Stadium R &F 134- 13. 12 -41 No Oct 2 E. Hammer - Canisus College Student Pedestrian Safety Protection Plan R &F LEGISLATION 135- 14. 14 -20 No Jan 7 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) APP 136- 15. 13 -63 No Dec 23 Report of Sale -3074 Bailey(Mas)(Strat Plan)( #4,12/10) APP CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO TUESDAY JANUARY 21, 2014 AT 12:00 P.M. Present — Darius G. Pridgen, President of the Council, and Councilmembers: Fontana, Franczyk, Golombek, Rivera, , Scanlon, Smith— 7 Absent -- LoCurto - 1 On a motion by Mr. Smith, Seconded by Mr. Rivera, the minutes of the stated meeting held on January 7, 2014 were approved FROM THE MAYOR NO. 47 APPOINTMENT OF ACTING HUMAN RESOURCES COMMISSIONER (HERNDON -HILL) I'd like to inform this Honorable Body that I have appointed current Director of Personnel, Gladys Herndon -Hill, to the position of Acting Human Resources Commissioner, bestowing upon her all of the powers and duties of that office. I hereby certify that the above -named individual is fully qualified to serve as the Acting Commissioner of Human Resources of the City of Buffalo, as those qualifications are set forth in Section 11 -3 of the City Charter. I will proceed with the formation of a search committee to select a Human Resources Commissioner pursuant to City Charter § 11 -2. Thank you for your attention to this matter. Hon. Byron W. Brown Mayor RECEIVED AND FILED FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE OFFICE OF CITIZEN SERVICES NO. 48 SUBMISSION OF MONTHLY REPORT FOR DECEMBER The Office of Mayor, Division of Citizen Services, hereby submits, for your Honorable Body's review and approval, the monthly reports for the Mayor's Call and Resolution Center for December of 2013, as mandated by Section 6 -20(c) of the City of Buffalo's City Charter. This quarterly statistical report details the number and nature of inquiries, requests and complaints received. RECEIVED AND FILED FROM THE OFFICE OF STRATEGIC PLANNING NO. 49 REPORT OF SALE 1184 BAILEY, WEST SIDE 580' NORTH OF WILLIAM LOT SIZE: 30'X 125' ASSESSED VALUATION: $3,500 (LOVEJOY DISTRICT) The Office of Strategic Planning, Division of Real Estate has received a request from Ms. Michelle R. Rzeszutek to purchase 1184 Bailey Avenue. Ms. Rzeszutek owns and resides at 1180 Bailey Avenue, which is adjacent to the city owned vacant lot at 1184 Bailey Avenue. She would like to purchase the subject property for additional green space. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. A market analysis performed by the Division of Real Estate showing similar sales in the area range from Thirty -Two Cents ($.32) to Sixty -Seven Cents ($.67) per square foot. Ms. Rzeszutek has agreed and is prepared to pay One Thousand Three Hundred Dollars ($1,300), Thirty -Five Cents ($.35) 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 1184 Bailey Avenue in the amount of One Thousand Three Hundred Dollars ($1,300) to Michelle Rzeszutek. 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 January 13, 2014, be received and filed; and That the offer from the Ms. Michelle R. Rzeszutek of 1180 Bailey Avenue, Buffalo, New York, in the amount of One Thousand Three Hundred Dollars ($1,300.00) for the purchase of 1184 Bailey 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 7, NOES 0 NO. 50 REPORT OF SALE 363 CONNECTICUT STREET- VACANT LOT SOUTH SIDE, 60' NORTHEAST OF NORMAL LOT SIZE: 40'X 117' ASSESSED VALUATION: $4,700 (NIAGARA DISTRICT) The Office of Strategic Planning, Division of Real Estate has received a request from Ellen and Steven Gedra on behalf of Anita Hope LLC, 577 Linwood Avenue, Buffalo, New York 14209 to purchase 363 Connecticut Street. Anita Hope LLC owns the property at 365 -367 Connecticut, which is adjacent to the city owned lot at 363 Connecticut. Steven and Ellen Gedra intend to renovate their building at 365 -367 Connecticut Street for a restaurant. They need to run a special electrical line for their restaurant equipment and the most accessible location would be on the side of their building next to the city owned vacant lot. National Grid has suggested the Gedra's request permission to purchase or obtain an easement from the City in order to erect a utility pole on the city owned lot at 363 Connecticut. Ellen and Steve Gedra would like to purchase the lot so that they can utilize the lot for future business expansion. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. A market analysis performed by the Division of Real Estate showing similar sales in the area range from Eighty -One Cents ($.81) to One Dollar and Fifty -One Cents ($1.51) per square foot. Steven and Ellen Gedra on behalf of Anita Hope LLC have agreed and are prepared to pay Four Thousand Seven Hundred Dollars ($4,700), One Dollar ($1.00) 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 363 Connecticut Street to Anita Hope LLC in the amount of Four Thousand Seven Hundred Dollars ($4,700). 1 am further recommending that the Office of Strategic Planning prepare the necessary Mr. Smith moved That the above item be, and the above communication from the Office of Strategic Planning, dated January 13, 2014, be received and filed; and That the offer from the Ellen and Steven Gedra on behalf of Anita Hope, LLC, 577 Linwood Avenue, Buffalo, New York 14209, in the amount of Four Thousand Seven Hundred Dollars ($4,700.00) for the purchase of 363 Connecticut Street be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES 7, NOES 0 NO. 51 REPORT OF SALE 487 DODGE, SOUTH SIDE 35' WEST OF ROEHRER LOT SIZE: 32 X 181 LAND: $1,800, IMPROVEMENT: $ 3 TOTAL ASSESSED VALUATION: $ 5,000 ELLICOTT DISTRICT The Office of Strategic Planning, Division of Real Estate, has received a request from Robert Didier Ndzana Siani, 40 Portbush Trail, Brampton, Ontario Canada L6XOR2 and Francis Njionou Nguefang, 22 Peckham Street, Buffalo, New York 14206 to purchase 487 Dodge. Robert and Francis intend to renovate this two - family dwelling and use for rental purposes. The subject property has 3 bedrooms and 1 bath in each unit consisting of approximately 1,232 square feet. The property was acquired by the City through In -Rem #41 in October 2007. Mr. Siani and Mr. Nguefang have estimated the cost of renovations to be Twenty -Seven Thousand Dollars ($27,000), which was reviewed and approved by the Division of Real Estate. They have as provided sufficient proof of financial ability to complete the purchase and renovations of said property. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchasers. G.A.R. Associates estimated the value of the property to be Two Thousand Five Hundred Dollars ($2,500). The appraisal was submitted to the Appraisal Review Board and they have recommended the value established by the Appraiser. Robert Didier Ndzana Siani & Francis Njionou Nguefang have agreed and are prepared to pay Two Thousand Five Hundred Dollars ($2,500) for the subject property. They have also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 487 Dodge to Robert Didier Ndzana Siani & Francis Njionou Nguefang in the amount of Two Thousand Five Hundred Dollars ($2,500.00). 1 am further recommending that the Office of Strategic Planning, Division of Real Estate prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 52 REPORT OF SALE 938 HUMBOLDT, EAST SIDE 36' NORTH RILEY LOT SIZE: 32'X 111' ASSESSED VALUATION: $5,000 ( ELLICOTT DISTRICT) The Office of Strategic Planning, Division of Real Estate has received a request from Ms. Regina Talley to purchase 938 Humboldt Pkwy. Ms. Talley owns and resides at 936 Humboldt Pkwy., which is adjacent to the vacant lot at 938 Humboldt Pkwy. She would like to purchase the city owned vacant lot for additional green space. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. A market analysis performed by the Division of Real Estate showing similar sales in the area range from Twenty -Seven Cents ($.27) to Sixty Cents ($60) per square foot. Ms. Talley has agreed and is prepared to pay One Thousand Two Hundred Dollars ($1,200), Thirty -Five Cents ($.35) 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 98 Humboldt Pkwy. in the amount of One Thousand Two Hundred Dollars ($1,200) to Regina Talley. 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. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 53 REPORT OF SALE 121 JOHNSON STREET, EAST SIDE 70.12 SOUTH OF SYCAMORE LOT SIZE: 28.50' X 132' ASSESSED VALUATION: LAND: $1,600, IMPROVEMENT: $6,400, TOTAL: $ 8 (ELLICOTT DISTRICT) The Office of Strategic Planning, Division of Real Estate has received a request from Bakhsh Khan, 714 Foster Avenue, #D4, Brooklyn, New York 12230 to purchase121 Johnson Street. Mr. Khan intends to renovate this single family house for his personal residence. He has estimated the cost of renovations to be Sixteen Thousand Five Hundred Fifty Dollars ($16,550), which was reviewed and approved by the Division of Real Estate. Mr. Khan has provided sufficient proof of financial ability to complete the purchase and renovations of the property. The subject property is a one and one half story single family dwelling consisting of 1,372 square feet. The house has 4 bedrooms and 1 bathroom. The property was acquired by the City through In Rem #42 in October 2008. A building permit will be required for the improvements to this property. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. The property was appraised by G.A.R. Associates, Inc. to estimate the fair market value of 121 Johnson Street. The Fair Market Value was estimated to be One Thousand Dollars ($1,000). The City of Buffalo Appraisal Review Board reviewed the appraisal report and concurs with the appraiser's estimate of value. Bakhsh Khan has agreed and is prepared to pay One Thousand ($1,000) 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 121 Johnson Street to Bakhsh Khan in the amount of One Thousand Dollars ($1,000). 1 am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 54 REPORT OF SALE 647 NORFOLK, E 850.14' N WARWICK LOT SIZE: 30'X 108' ASSESSED VALUATION: LAND: $ 3,400. IMPROVEMENT: $31,700. TOTAL: $35,100. (MASTEN DISTRICT) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Ernest Kelly, 2256 Northlake Parkway, Suite 301, Atlanta, Georgia 30084 to purchase 647 Norfolk Street, Mr. Kelly intends to renovate this single family house and use as income property. He has estimated the cost of renovations to be Twelve Thousand Four Hundred Sixty Dollars ($12,460), which were reviewed and approved by the Division of Real Estate. Mr. Kelly has provided sufficient proof of financial ability to complete the purchase and renovate the property. Mr. Kelly does not own property in the City of Buffalo and is utilizing a local property manager, Mr. Darren Harris, 84 Manhattan Avenue, Buffalo, New York 14215. Mr. Harris has applied for the appropriate City licensing, per ordinance. The subject property consists of 1,330 square feet, one and one half story frame, single family dwelling situated on a lot 30'x 108', zoned R -2. The property was acquired by the City through In Rem #41, October 2007. A building permit will be required for the improvements to this property. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. The property was appraised by G.A.R. Associates, Inc. to estimate the fair market value of 647 Norfolk Street. The Fair Market Value was estimated to be Four Thousand Dollars ($4,000). The City of Buffalo Appraisal Review Board reviewed the appraisal report and concurs with the appraiser's estimate of value. Mr. Ernest Kelly has agreed and is prepared to pay Four Thousand ($4,000) 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 647 Norfolk Street to Mr. Ernest Kelly for the amount of Four Thousand Dollars ($4,000). 1 am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 55 REPORT OF SALE 680 NORTHUMBERLAND, W SIDE 589.08' S KENSINGTON LOT SIZE: 30'X 125' ASSESSED VALUATION: LAND: $ 3,700. IMPROVEMENT: $27,700. TOTAL: $31,400. (MASTEN DISTRICT) The Office of Strategic Planning, Division of Real Estate has received a request from Ms. Emily E. Vaughn residing at 25 Erskine Avenue, Buffalo, New York 14215 to purchase 680 Northumberland. Ms. Vaughn intends to renovate this single family house for her son to reside in said premises. She has estimated the cost of renovations to be Eleven Thousand Five Hundred Dollars ($11,500), which was reviewed and approved by the Division of Real Estate. Ms. Vaughn has provided sufficient proof of financial ability to complete the purchase and renovate the property. The subject property is a 2 story, 1 family dwelling consisting of 936 square feet. The home has 2 bedrooms and 1 bathroom, zoned R -2. The property was acquired by the City through In Rem # -42, October 2008. A building permit will be required for the improvements to this property. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. The property was appraised by G.A:R. Associates, Inc. and they have estimated the Fair Market Value of 680 Northumberland to be Three Thousand Five Hundred Dollars ($3,500). The City of Buffalo Appraisal Review Board reviewed the appraisal report and concurs with the appraiser's estimate of value. Ms. Emily E. Vaughn has agreed and is prepared to pay Three Thousand Five Hundred Dollars ($3,500) 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 680 Northumberland to Ms. Emily E. Vaughn for the amount of Three Thousand Five Hundred Dollars ($3,500). 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 COMMUNITY DEVELOPMENT NO. 56 REPORT OF SALE 255 REED, EAST SIDE 518.19' SOUTH OF GENESEE LOT SIZE: 30'X 115' ASSESSED VALUATION: LAND: $1,600 IMPROVEMENT: $12,400 TOTAL: $14,000 (FILLMORE DISTRICT) The Office of Strategic Planning, Division of Real Estate has received a request from Usman Jat and Amna G. Jat, 134 Loepere Street, Buffalo, New York 14212 to purchase 255 Reed. Mr. & Mrs. Jat intend to renovate this single family dwelling for their personal residence. They have estimated the cost of renovations to be Seven Thousand Four Hundred Fifty Dollars ($7,450), which was reviewed and approved by the Division of Real Estate. Mr. & Mrs. Jat have provided sufficient proof of financial ability to complete the purchase and renovations of the property. The subject property is a one and one half story single family dwelling consisting of 1,426 square feet. The house has 3 bedrooms and 1 bathroom. The property was acquired by the City through In Rem #43 in October 2009. A building permit will be required for the . improvements to this property. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchasers. The property was appraised by G.A.R. Associates, Inc. to estimate the fair market value of 255 Reed Street. The Fair Market Value was estimated to be One Thousand Three Hundred Dollars ($1,300). The City of Buffalo Appraisal Review Board reviewed the appraisal report and concurs with the appraiser's estimate of value. Usman Jat and Amna G. Jat have agreed and are prepared to pay One Thousand Three Hundred Dollars ($1,300) 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 255 Reed Street to Usman and Amna G. Jat in the amount of One Thousand Three Hundred Dollars ($1,300). 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 January 13, 2014, be received and filed; and That the offer from the Usman Jat and Amna G. Jat, 134 Loepere Street, Buffalo, New York 14212, in the mount of One Thousand Three Hundred Dollars ($1,300.00) for the purchase of 25'5 Reed 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 Plauning 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 7, NOES 0 NO. 57 AMENDMENT OF CITY REVERSIONARY RIGHTS IN THE BUFFALO PSYCHIATRIC CENTER (STRAT PLAN) Prior Council Reference: April 2, 2013, Item #5 The Mayor's Office of Strategic Planning requests your Honorable Body approve an amendment to the metes and bounds description of the title reverter and restriction rights which the City of Buffalo granted to the Richardson Development Corporation by resolution approved on April 2, 2013. Since the Council's approval, the New York State office of General Services has resurveyed the property and corrected errors in the metes and bounds description of the property. In order to complete the transfer of the State's interest in the property to the Richardson Olmsted Development Corporation, and to assure that all deeds and property records conform, it is necessary for the Council to approve an amended property description of the premises to be conveyed subject to the reversionary rights of the City of Buffalo. This correcting resolution does not change the reversionary interests retained by the City of Buffalo under its prior action. The purpose of the amendment is to allow the State of New York to transfer its rights in the property to the Richardson Center Corporation, while maintaining in all respects the City's reversionary rights in the property. The attached metes and bounds description is the corrected final version from the State's surveyor. Also attached is a survey map showing, the extent of the lands subject to this conveyance. The 42 acre parcel is the portion of the State Hospital Property that contains the National Historic Site buildings designed by H. H. Richardson for the State Hospital together with surrounding lands that will be used to reestablish a portion of the Frederick Law Olmsted designed hospital grounds. The deed from the City shall provide a condition subsequent that the premises shall revert to the City of Buffalo, in the event that the buildings and lands are used other than for a mixed use campus for the community benefit by the Richardson Center Corporation including use as a boutique hotel, conference and event space, a Buffalo architecture center, and other complementary and consistent uses subject to the condition that the historic buildings and grounds shall be stabilized, preserved and rehabilitated in keeping with standards of the United States Secretary of the Interior. If these uses are abandoned the property returns to ownership be the City of Buffalo. Mr. Smith moved: That the Corporation Counsel is authorized to prepare necessary title and deed documents to enable conveyance of a portion of lands at 400 Forest Avenue, also known as the Buffalo Psychiatric Center, and formerly known as the New York State Asylum for the Insane, in the City of Buffalo, from the State of New York to the Richardson Olmsted Development Corporation; That such conveyance shall retain and continue the City's reversionary rights in such lands; That such lands shall be as described as follows: All that tract or parcel of land situate in the City of Buffalo, County of Erie, State of New York, being part of Lots 169, 170, 171,172, 173, 174, 177, 178, 179, and 180 of the Appollos Stevens Survey (Mapcover No. 299) of the New York State Reservation, being more particularly described as follows: Beginning at a point in the east line of Rees Street, being the east line of an 8.0' strip of land ceded to the City of Buffalo by the State of New York by Chapter 462 Laws of the State of New York in 1915 at page 1409, at a distance of 390.00 feet north of a 6" by 6" concrete monument at the intersection of the said east line of Rees Street with the north line of Forest Avenue as a 100' wide fight of way; thence northerly along the said east line of said Rees Street a distance of 369.42 feet to a point in the north line of Lot 169; thence northerly continuing along the said east line of Rees Street, at an angle of 180 °10'23" to the left with the previously described line, a distance of 642.48 feet to a point in the south line of former lands of the City of Buffalo by Letters Patent filed in Liber 1991 of Deeds at Page 237; thence easterly along the said former south line of lands of the City of Buffalo, at an angle of 95°03'02 to the left with the previously described line, a distance of 879.70 feet to a point in a west line of lands described in Liber 11117 of Deeds at Page 3250; thence southerly along said west line of lands described in Liber 11117 of Deeds at Page 3250, at an angle of 10732'39" to the left with the previously described line, a distance of 591.64 feet to a point in the face of curb on the south side of a campus road; thence easterly along said face of curb at an angle of 76 °53'51 to the right with the previously described line, a distance of 78.42 feet to a point; thence easterly across a parking area at an angle of 177 °23'56" to the left with the previously described line, a distance of 129.51 feet to a point; thence easterly across a driveway at an angle of 169 °40'53" to the left with the previously described line, a distance of 87.86 feet to a point; thence easterly along a face of curb on the south side of a campus road, at an angle of 175 °09'37" to the right with the previously described line, a distance of 307.99 feet to a point; thence easterly continuing along said face of curb, across a parking area, and along the north side of a building, at an angle of 176 °09'19" to the left with the previously described line, a distance of 153.85 feet to a point of curvature in the face of curb on the south side of a campus road; thence easterly and southerly along said face of curb being a curve to the right with a radius of 26.00 feet and a central angle of 89 °14'08 ", an arc length of 40.49 feet to a point of tangency; thence southerly along said face of curb and its southerly extension, and tangent to the previously described arc, a distance of 202.02 feet to a point; thence southerly at an angle of 171 °41'40" to the left with the previously described line, a distance of 105.61 feet to a point of curvature in the face of a curb on the west side of a campus road; thence southerly and westerly along said face of curb being a curve to the right with a radius of 60.00 feet and a central angle of 574527 ", an are length of 60.48 feet to a point of tangency; thence southwesterly along said face of curb, tangent to the previously described arc, a distance of 105.45 feet to a point; thence southwesterly at an angle to the left of 188 °35'44" with the previously described line, a distance of 127.17 feet to a point of curvature; thence southwesterly along a curve to the right with a radius of 589.00 feet and a central angle of 9 °37'53 ", an are length of 99.01 feet to a point of reverse curvature; thence southerly along a curve to the left with a radius of 61.29 feet and a central angle of 109 °20'46 an arc length of 116.97 feet to a point of reverse curvature; thence southerly along a curve to the right having a radius of 251.92 feet and a central angle of 45 °39'03 ", an arc length of 200.72 feet to a point of compound curvature; thence southerly along a curve to the right having a radius of 230.00 feet and a central angle of 26 °34'53 ", an arc length of 106.70 feet to a point of reverse curvature; thence southerly along a curve to the left having a radius of 374.00 feet and a central angle of 11 °44'18 ", an are length of 76.62 feet to a point of tangency; thence southerly tangent to the previously described arc, a distance of 37.87 feet to a point in the north line of said Forest Avenue; thence westerly along said north line of Forest Avenue at an angle of 90 °08'38" to the left with the previously described line, a distance of 315.78 feet to a point; thence northerly at an angle of 90 °0'00" to the left with the previously described line, a distance of 36.00 feet to a point; thence westerly at an angle of 90 °00'00" to the right with the previously described line, a distance of 50.00 feet to a point; thence southerly at an angle of 90 °00'00" to the right with the previously described line, a distance of 36.00 feet to a point in the said north line of Forest Avenue; thence westerly along said north line of Forest Avenue, at an angle of 90 °00'00" to the left with the previously described line, a distance of 630.00 feet to a point; thence northerly at an angle of 90 °00'00" to the left with the previously described line, a distance of 197.35 feet to a point in the north edge of pavement of a campus driveway; thence easterly along said edge of pavement at an angle of 90oOO to the left with the previously described line, a distance of 57.00 feet to a point; thence northerly at an angle of 90oOO'OO to the right with the previously described line, a distance of 165.47 feet to a point in a face of curb on the south side of a campus road; thence westerly along said face of curb at an angle of 89 °23 '34" to the right with the previously described line, a distance of 272.48 feet to a point of curvature; thence westerly along said face of curb being a curve to the right with a radius of 210.00 feet and a central angle of 21o32'50", an arc length of 78.97 feet to a point of tangency; thence northwesterly across a driveway tangent to the previously described arc, a distance of 43.88 feet to a point opposite the west edge of pavement of said driveway; thence southerly along said west edge of pavement at an angle of 88 °58'55" to the right with the previously described line, a distance of 103.96 feet to a point of curvature; thence southerly and westerly along a curve to the right with a radius of 20.00 feet and a central angle of 72 °15'13 ", an arc length of 25.22 feet to a point of tangency; thence westerly along a north edge of a campus driveway, tangent to the previously described arc, a distance of 196.13 feet to a point; thence northerly at an angle of 92 °10'31" to the left with the previously described line, a distance of 35.00 feet to a point; thence northwesterly at an angle of 110 °44'54" to the right with the previously described line, a distance of 182.26 feet to a point; thence westerly at an angle of 160 18' 14" to the right with the previously described line, a distance of 100.00 feet to a point in the east line of said Rees Street, at the point or place of beginning, forming an angle of 84 °26'43" to the left with the previously described line, containing 42.798 Acres more or less; That such conveyance from the City of Buffalo shall be subject to the following condition subsequent: That the premises shall revert to the City of Buffalo, in the event that the buildings and lands are used other than for a mixed use campus for the community benefit by the Richardson Center Corporation including use as a boutique hotel, conference and event space, a Buffalo architecture center, and other complementary and consistent uses subject to the condition that the historic buildings and grounds shall be stabilized, preserved and rehabilitated in keeping with standards of the United States Secretary of the Interior. If these uses are abandoned the property returns to ownership be the City of Buffalo; and That the Mayor be authorized to execute all necessary documents to effectuate such conveyance. PASSED AYES 7, NOES 0 NO. 58 APPOINT LABORER II (PERM)(INTERN)(WHITAKER) Certificate of Appointment Appointment effective 1/13/2014 in the Department of Mayor's Office of Strategic Planning Division of Real Estate to the Position of Laborer II Permanent Promotional Intermediate starting salary of $32,108 Wendell Whitaker, 25 Parkside Avenue, Buffalo 14214 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMPTROLLER NO. 59 AMENDMENT TO THE CITY OF BUFFALO INVESTMENT POLICY On November 26, 2013, the Common Council adopted the City of Buffalo Investment Policy. Since the adoption of this policy, the Department of Audit and Control has learned about investments that are permitted under New York State General Municipal Law, but are not included in the City's Investment Policy. Therefore, the Department of Audit and Control hereby submits the attached amended version of the City of Buffalo Investment Policy for adoption by Your Honorable Body. Section X - Permitted Investments of the City of Buffalo Investment Policy was amended to include the following provisions: Certificates of deposit obtained by a bank or trust company located and authorized to do business in the State of New York that contractually agrees to place the funds in federally insured depository institutions through the Certificate of Deposit Account Registry Service (CDARS) not to exceed 4 months. Special time deposit accounts in a bank or trust company located and authorized to do business in the State of New York that contractually agrees to place the funds in federally insured depository institutions through the Insured Cash Sweep service (ICS). If you have any questions about this policy, please feet free to contact my office. REFERRED TO THE COMMITTEE ON FINANCE FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO. 60 NOTIFICATION SERIAL # 10686 METERED PARKING - REPEAL ON DELAWARE AVENUE, WEST SIDE BETWEEN WEST EAGLE STREET AND NIAGARA SQUARE(ELLICOTT DISTRICT) Prior Council Reference #73 C.C.P. September 17, 2013 METERED PARKING - REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 3 Section 33 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: METERED PARKING METERED PARKING LOCATION PERIOD OF METERED PARKING RATE OF METERED PARKING Delaware Avenue, west side 2 Hour Maximum Rate C Between West Eagle Street 8 a.m. to 5 p.m. $1 per hour And Niagara Square Monday to Friday NOTIFICATION SERIAL # 10687 INSTALL NO PARKING EXCEPT OFFICIAL VEHICLES ON DELAWARE AVENUE, WEST SIDE BETWEEN WEST EAGLE STREET AND NIAGARA SQUARE (ELLICOTT DISTRICT) Prior Council Reference #73 C.C.P. September 17, 2013 NO PARKING - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 24 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: NO PARKING EXCEPT OFFICIAL VEHICLES PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD Delaware Avenue, west side At all times between West Eagle Street and Niagara Square RECEIVED AND FILED NO. 61 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 January 10, 2014, 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 WaterCAD hydraulic model for the water distribution system. The funds are available in Division of Water Account #53230786 445100, and an account(s) to be named at a later date. PASSED AYES -7 NOES -0 NO. 62 PERMISSION TO HIRE A CONSULTANT AND ENTER INTO AN AGREEMENT FOR EMERGENCY SERVICES The Department of Public Works, Parks & Streets has accepted Request for Qualifications from three local consulting firms for the purpose of assisting our Department with Emergency Management Services. The events and scope of services outlined in our request include, but not limited to, snow storms, wind events, flood events, emergency services training for first responders and community groups, grant assistance, FEMA organizational assistance and any other situation that may affect the City of Buffalo. In order to move this project forward, this Department is requesting permission to hire TY -Lin International for this work. Funding for this contract is available in an Account to be named at a later date. Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated January 15, 2014, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to engage the professional services of TY -Lin International for the purpose of assisting the Department of Public Works, Parks and Streets with Emergency Management Services including, but not limited to, snow storms, wind events, flood events, emergency services training for first responders and community groups, grant assistance, FEMA organizational assistance and any other situation that may affect the City of Buffalo. The consultant was procured through a Request for Qualifications (RFQ) process. Funding for this contract is available in an account to be named at a later date. PASSED AYES -7 NOES -0 NO. 63 PERMISSION TO RE -ENTER INTO AN AGREEMENT WITH NYS UNIFIED COURT SYSTEM CITY COURT REIMBURSEMENT I hereby request that Your Honorable Body authorize the Mayor to re -enter into an agreement with the NYS Unified Court System for a period of 5 years, effective upon the expiration of the prior 5 year Agreement. This Agreement will allow the State to reimburse the City for 100% of the City's expenses for operating and maintaining City Court. Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated January 15, 2014, be received and filed; and That the Common Council hereby authorizes the Mayor to re -enter into an agreement with the NYS Unified Court System for a period of five (5) years, effective upon the expiration of the prior five (5) year agreement, which allows the State to reimburse the City for 100% of the City's expenses for operating and maintaining City Court. PASSED AYES -7 NOES -0 NO. 64 REPORT OF BIDS ASARESE MATTERS COMMUNITY CENTER REHABILITATION PROJECT CDBGFUNDED YEAR 38 - 07202 1 advertised for on December 12, 2013 and received the following sealed bids for Asarese Matters Community Center, Rehabilitation Project, which were publicly opened and read on January 9, 2014. General Construction Base Bid 'Miller Enterprises, Inc. $64,000 12 Newfield St., Buffalo, NY Nichter Construction, Inc. $79,500 30 Wildwood Dr., Lancaster, NY Hadala Construction, Inc. $93,200 325 Grote St., Buffalo, NY Dyna Group $94,800 18 Tracy St., Buffalo, NY 'Miller Enterprises, Inc. was deemed non - responsive due to incomplete proposal bond. Electrical Work Base Bid CIR Electrical Construction $36,955 400 Ingham Ave, Buffalo, NY Weydman Electric $39,500 747 Young St, Tonawanda, NY Goodwin Electric Corp $48,894 207 S. Youngs, Williamsville, NY I hereby certify that the foregoing is a true and correct statement of all bids received and that the following are the lowest responsible bidders in accordance with the plans and specifications. General Construction: Nichter Construction, Inc. with a bid of $79,500.00 Electrical Work: CIR Electrical Construction, Corp. with a bid of $36,955.00 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. Funding for this project is available in CH9J2027 - 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 14, 2014, 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 Asarese Matters Community Center, Rehabilitation Project with the following: Electrical Work: CIR Electrical Construction Corp., with a bid of $36,955.00 General Construction: Nichter Construction, Inc. with a bid of $79,500.00 Funding for this project is available in Account CH9J2027 - 470000 Buildings. PASSED AYES -7 NOES -0 NO. 66 REPORT OF BIDS BRODERICK PARK IMPROVEMENTS -PHASE 2 We advertised for on November 25, 2013, and received the following formal sealed bids for the Broderick Park Improvements -Phase 2, which were publicly opened and read on December 17, 2013. Totals Bid Nova Site Company, LLC $682,484.00 8 Lena Court West Seneca, New York 14224 Scott Lawn Yard, Inc. $774,100.00 5552 Townline Road Depew, New York 14043 Visone Construction, Inc. $797,500.00 79 Sheldon Avenue Gasport, New York 14067 Titan Development, Inc. $827,875.00 8534 Seaman Road Gasport, New York 14067 Ebdauer Construction $861,000.00 2790 Clinton Street West Seneca, New York 14224 1 hereby certify that the foregoing is a true and correct statement of all bids received and that Nova Site Company, LLC with a Total Bid of Six Hundred Eighty Two Thousand Four Hundred Eighty Four and 00/100 ($682,484.00), is the lowest responsible bidder. I respectfully recommend that your Honorable Body authorize a contract award in the amount of $750,732.40 (Base Bid $682,484.00 + a $68,248.40 - 10% Unit bid increase _ $750,732.40). Funding for this project is available in 36400116- 445100 and other account(s) to be named at a later date. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets, dated January 13, 2014, 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 Broderick Park Improvements - Phase 2 with Nova Site Company, LLC with a total bid of $750,732.40 (Base Bid $682,484.00 + 10% Unit bid increase $68,248.40 for a Total Bid Amount of $750,732.40). Funding for this project is available in Account 36400116- 445100 and other account(s) to be named at a later date. PASSED AYES - 7 NOES — 0 NO. 66 REPORT OF BIDS JOHNNIE B. WILEY SPORTS COMPLEX FIELD RELIGHTING MASTEN DISTRICT I advertised for on November 21,2013 and received the following formal sealed bids for the Johnnie B. Wiley Sports Complex, Field Relighting, which were publicly opened and read on December 10, 2013. Base Bid CIR Electrical, Co $237,300.00 400 Ingham, Buffalo, NY O'Connell Electric $310,000.00 929 Ransom Rd, Lancaster, NY Goodwin Electric $313,975.00 207 S Youngs, Williamsville, NY Weydman Electric $388,000.00 747 Young St., Tonawanda, NY I hereby certify that the foregoing is a true and correct statement of all bids received and that CIR Electrical Constr. Co., with a bid of Two Hundred Thirty Seven Thousand Three Hundred Dollars and 00/100 Dollars ($237,300.00) 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. Funds for this project are available in 36400006 445100 and 36400116 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 January 13, 2014, be received and filed; and That the Common Council hereby authorizes tee Commissioner of the Department of Public Works, Parks and Streets to enter into an agreement for the Johnnie B. Wiley Sports Complex, Field Relighting, with CIR Electrical Construction Co. with a total bid of $237,300.00. Funding for this project is available in Account 36400006 445100 and 36400116 445100 - Buildings. PASSED AYES -7 NOES -0 Mechanical Work Greater Niagara Mechanical $49,800 $3,400 $47,400 7311 Ward Rd., North Tonawanda, NY Parise Mechanical $73,000 $5,000 $54,000 1106 Sheridan Drive, Tonawanda, NY O'Conner Mechanical $76,500 $2,250 $46,725 107 Dorothy Street, Buffalo, NY I hereby certify that the foregoing is a true and correct statement of all bids received and that the following are the lowest responsible bidders in accordance with the plans and specifications. General Construction: Weaver Metal &Roofing, Inc. with a bid of $394,800 (Base Bid + Alt.3 + Alt.4) Mechanical Work: Greater Niagara Mechanical, Inc. with a bid of $53,200 (Base Bid + Alt. 1) 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 CH9G2007 - 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 15, 2014, 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 Old First Ward Community Center Public Improvements Project, CDBG Funded, Year 38 - 05200, with the following: General Construction: Weaver Metal & Roofing, Inc. with a bid of $394,800.00 (Base Bid of $379,600.00 + Alt. 3 $7,400.00 + Alt. 4 $7,800.00 for a Total Bid Amount of $394,800.00) Mechanical Work: Greater Niagara Mechanical, Inc. with a bid of $53,200.00 (Base Bid of $49,800.00 + Alt. 1 $3,400.00 for a Total Bid Amount of $53,200.00) Funding for this project is available in Account CH9G2007 470000 - Buildings. PASSED AYES -7 NOES -0 NO. 68 NO. 67 REPORT OF BIDS REPORT OF BIDS PUBLIC IMPROVEMENTS PROJECT OLD FIRST WARD COMMUNITY CENTER CDBG FUNDED PUBLIC IMPROVEMENTS PROJECT 1 advertised for on November 26, 2013 and received the following sealed bids for Pratt - Willert, Public Improvements Project, which were publicly opened and read on December 30, 2013. CDBG FUNDED General Construction Base Bid Alt. 1 Alt.2 YEAR 38 - 05200 1 advertised for on November 26, 2013 and received the following sealed bids for Old First Ward Community Center, Public Improvements Project, which were publicly opened and read on December 30, 2013. General Construction Base Bid Alt #3 Alt #4 Alt #5 Weaver Metal & Roofing, Inc. $379,600 $7,400 $7,800 $89,000 40 Appenheimer Ave., Buffalo, NY Jameson Roofing Co, Inc. $474,000 Grove Roofing Service, Inc. $356,000 $27,000 $600,000 $110,000 131 Reading St., Buffalo, NY Jos A. Sanders & Sons, Inc. $449,221 $27,608 $61,183 $106,503 107 Lathrop Street, Buffalo, NY Jameson Roofing Co, Inc. $495,000 $41,500 $45,200 $143,000 3761 E. Lake Rd., Dunkirk, NY Mechanical Work Greater Niagara Mechanical $49,800 $3,400 $47,400 7311 Ward Rd., North Tonawanda, NY Parise Mechanical $73,000 $5,000 $54,000 1106 Sheridan Drive, Tonawanda, NY O'Conner Mechanical $76,500 $2,250 $46,725 107 Dorothy Street, Buffalo, NY I hereby certify that the foregoing is a true and correct statement of all bids received and that the following are the lowest responsible bidders in accordance with the plans and specifications. General Construction: Weaver Metal &Roofing, Inc. with a bid of $394,800 (Base Bid + Alt.3 + Alt.4) Mechanical Work: Greater Niagara Mechanical, Inc. with a bid of $53,200 (Base Bid + Alt. 1) 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 CH9G2007 - 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 15, 2014, 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 Old First Ward Community Center Public Improvements Project, CDBG Funded, Year 38 - 05200, with the following: General Construction: Weaver Metal & Roofing, Inc. with a bid of $394,800.00 (Base Bid of $379,600.00 + Alt. 3 $7,400.00 + Alt. 4 $7,800.00 for a Total Bid Amount of $394,800.00) Mechanical Work: Greater Niagara Mechanical, Inc. with a bid of $53,200.00 (Base Bid of $49,800.00 + Alt. 1 $3,400.00 for a Total Bid Amount of $53,200.00) Funding for this project is available in Account CH9G2007 470000 - Buildings. PASSED AYES -7 NOES -0 NO. 68 REPORT OF BIDS PRATT - WILLERT COMMUNITY CENTER PUBLIC IMPROVEMENTS PROJECT CDBG FUNDED YEAR 37 - 14200 1 advertised for on November 26, 2013 and received the following sealed bids for Pratt - Willert, Public Improvements Project, which were publicly opened and read on December 30, 2013. General Construction Base Bid Alt. 1 Alt.2 Grove Roofing Service, Inc. $333,500 $55,600 $52,600 131 Reading St., Buffalo, NY Weaver Metal & Roofing, Inc. $345,000 $55,000 $52,000 40 Appenheimer Ave., Buffalo, NY Jos A. Sanders & Sons, Inc. $405,751 $70,259 $61,911 107 Lathrop Street, Buffalo, NY Jameson Roofing Co, Inc. $474,000 $58,900 $55,200 3761 E. Lake Rd., Dunkirk, NY Progressive Roofing, Inc. $490,000 $60,000 $58,000 3761 E. Lake Rd., Dunkirk, NY Mechanical Work Base Bid Greater Niagara Mechanical $41,300 7311 Ward Rd, North Tonawanda, NY O'Conner Mechanical $47,800 107 Dorothy St, Buffalo, NY Parise Mechanical $49,000 1106 Sheridan Drive, Tonawanda, NY Electrical Work Base Bid South Buffalo Electric, Inc. $31,700 1250 Broadway St., Buffalo, NY Weydman Electric, Inc. $40,500 747 Youngs St., Tonawanda, NY I hereby certify that the foregoing is a true and correct statement of all bids received and that the following are the lowest responsible bidders in accordance with the plans and specifications General Construction: Grove Roofing Services, Inc. with a bid of $440,500 (Base Bid + Alt.1 + Alt.2) Mechanical Work: Greater Niagara Mechanical, Inc. with a bid of $41,300 Electrical Work: South Buffalo Electric, Inc. with a bid of $31,700 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. Funding for this project is available in CG9R2007- 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 15, 2014, 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 Pratt- Willert Community Center Public Improvements Project, CDBG Funded, Year 37 - 14200, with the following: General Construction: Grove Roofing Services, Inc. with a bid of $440,500.00 (Base Bid of $333,500.00 + Alt. 1 $55,600.00 + Alt. 2 $52,600.00 for a Total Bid Amount of $440,500.00) Mechanical Work: Greater Niagara Mechanical, Inc. with a bid of $41,300.00 Electrical Work: South Buffalo Electrical, Inc. with a bid of $31,700.00 Funding for this project is available in Account CG9R2007 - 470000 - Buildings. PASSED AYES -7 NOES -0 NO. 69 REPORT OF BIDS WEST SIDE COMMUNITY SERVICES CENTER REHABILITATION PROJECT CDBG FUNDED YEAR 38 - 08200 1 advertised for on November 26, 2013 and received the following sealed bids for West Side Community Services Center, Rehabilitation Project, which were publicly opened and read on December 30, 2013. General Construction Base Bid Miller Enterprises, Inc. $105,000 12 Newfield St., Buffalo, NY Dyno Group, Inc. $117,500 18 Tracy St., Buffalo, NY Hadala Construction, Inc. $123,500 325 Grote St., Buffalo, NY NewCal Construction, Inc. $123,700 10994 Tinkham Rd., Darien, NY Nichter Construction, Inc. $147,500 30 Wildwood Dr., Lancaster, NY Electrical Work Base Bid South Buffalo Electric $88,975 1250 Broadway, Buffalo, NY Weydman Electric $91,700 747 Young St., Tonawanda, NY I hereby certify that the foregoing is a true and correct statement of all bids received and that the following are the lowest responsible bidders in accordance with the plans and specifications. General Construction Miller Construction Inc. with a bid of $105,000.00 Electrical Work South Buffalo Electric with a bid of $88,975 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. Funding for this project is available in CH9K2007 - 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 15, 2014, 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 West Side Community Services Center Rehabilitation Project, CDBG Funded, Year 38 - 08200, with the following: General Construction: Miller Construction Inc. with a bid of $105,000.00 Electrical Work: South Buffalo Electrical, Inc. with a bid of $88,975.00 Funding for this project is available in Account CH9K2007 - 470000 - Buildings. PASSED AYES - 7 NOES — 0 FROM THE COMMISSIONER OF POLICE NO. 70 DRUG ASSET FORFEITURE ANNUAL CERTIFICATION REPORT AND AUDIT FOR FISCAL YEAR ENDING JUNE 30, 2013 Enclosed please find completed audit report and certification report for the Fiscal Year ended June 30, 2013. This report is being filed with your Honorable Body as an informal item. If you have any questions regarding the above mentioned, please contact Inspector Joseph Strano at 851 -4624 or Sr. Budget Examiner John Stanchak at 851 -5903 RECEIVED AND FILED NO. 71 PERMISSION TO ACCEPT 2013 -2014 AUTO THEFT GRANT FUNDS] The Buffalo Police Department continues to be successful in securing grant funding through various sources. As such, and in order to keep within the practices of our grant processing, especially at this time when the City has critical funding needs and various funding sources are making cuts, we are asking permission from your Honorable Body for the Mayor to enter into the contract listed below. In addition, we are also requesting, as is our standard practice, that your Honorable Body authorize the Comptroller to provide for an inter -fund cash loan for all non - personnel expenses until such reimbursements are secured by the funding source (County, State, "Feds "). As you also know, the grant process often involves delayed information, budgets, and contracts at these government levels, often times beyond the City's control, and therefore creates a pressing situation for the processing of the required paperwork. Some of these grants involve personnel expenses, equipment, etc. and it is imperative that we spend out the funding prior to the end of the grant's fiscal year, and in most cases, because of the lengthy processing, we are constantly faced with time constraints, therefore, we would appreciate your approval at the January 21, 2014 meeting. NYS MOTOR VEHICLE THEFT /INSURANCE FRAUD PREVENTION GRANT- Year 16 We are asking for authorization for the Mayor to enter into a renewal agreement between the City of Buffalo and the Department of Criminal Justice Services under the State's Motor Vehicle Theft and Insurance Fraud Prevention Program for the period 01 -01 -14 through 12- 31 -14. The funding range that will be allocated for this year's renewal will is 5121,000 and the expenditures under this grant project will cover reimbursement for a Detective's position as it relates to the incidence of automobile thefts and correlated crimes (including overtime, if applicable), and some professional staff training expenses. We are requesting an interfund cash loan for all non - personnel expenditures (51,500 in training expenditures pertinent to this initiative) until such reimbursement is secured from the State. The loan would then be repaid as the reimbursements are sent to the City from the State under this grant project. There is no City Match involved with this grant. If you have any questions, please contact Captain Mark Makowski or Maureen Oakley of our Grants Section at 851 -4475. Your attention to this matter is greatly appreciated, thank you. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of Police, dated January 2, 2014, be received and filed; and That the Common Council hereby authorizes the Mayor to enter into a renewal agreement between the City of Buffalo and the Department of Criminal Justice Services, under New York State's Motor Vehicle Theft and Insurance Fraud Prevention Program for the period of January 1, 2014 through December 31, 2014; That the Common Council hereby authorizes an interfund cash loan for all non - personnel expenditures $1,500.00 in training expenditures pertinent to this initiative) until such reimbursement is secured from the State. The loan would then be repaid as the reimbursements are sent to the City from the State under this grant project. There is no City match involved with this grant. PASSED AYES -7 NOES -0 NO. 72 PERMISSION TO ACCEPT 2013 -2014 IMPACT GRANT FUNDS] The Buffalo Police Department continues to be successful in securing grant funding through various sources. As such, and in order to keep within the practices of our grant processing, especially at this time when the City has critical funding needs and various funding sources are making cuts, we are asking permission from your Honorable Body for the Mayor to enter into the contract listed below. In addition, we are also requesting, as is our standard practice, that your Honorable Body authorize the Comptroller to provide for an inter -fund cash loan for all non - personnel expenses (totaling $169,000) until such reimbursements are secured by the funding source (County, State, "Feds "). As you also know, the grant process often involves delayed information, budgets, and contracts at these government levels, often times beyond the City's control, and therefore creates a pressing situation for the processing of the required paperwork. Some of these grants involve personnel expenses, equipment, etc. and it is imperative that we spend out the funding prior to the end of the grant's fiscal year, and in most cases, because of the lengthy processing, we are constantly faced with time constraints, therefore, we would appreciate your approval at the January 21, 2014 meeting. OPERATION IMPACT X - The Buffalo Police Department is respectfully asking for authorization for the City to accept funds, totaling $533,200, from the NYS Division of Criminal Justice Services as part of Operation Impact Year 10 covering the grant period of 7/1/13 through 6/30/14. Operation Impact is part of a comprehensive strategy in New York State to reduce violent crime involving gangs, guns and drugs through integrated anti -crime teams. Buffalo's strategy includes coordination with federal (ATF, FBI, DEA, US Marshal) state (NYS Police) and local law enforcement (Buffalo Police, Erie Co. Sheriff Dept, Central Police Services, NFTA, Housing) as well as Probation, Parole, the US Attorney's Office, and the District Attorney's Office. This year, awards remained especially competitive throughout NY State because of a reduction in State funding overall, and also due the State's request for a local concentration on specific crime focus areas and for Buffalo they are: shootings /gun crime, robberies and domestic violence. The State will reimburse the City of Buffalo directly for the $533,200; there is no match associated with this grant. The funding award will be utilized for reimbursing a Violent Felony Task Force Detective's Salary/Fringes; a Report Technician's Salary and Fringes; the Salary and Fringes of a Crime Analyst; Overtime for Tactical /Strategic /Planning Operations and Directed Patrol in City neighborhoods; Domestic Violence Initiative with Crisis Services, in addition to Overtime for the use of our Canine Dogs with Probation to conduct home visits to probationers. Funds were allocated toward community service projects (St Brigid /Columba, Police Explorers, OMEGA Youth Mentoring) to work with young people fostering positive activities that deal with the myriad of problems they face with an emphasis on self -love, self - knowledge, self - development and responsible citizenship; also, training and staff development funding and for utility services for the air cards within patrol vehicles for tracs system. If you have any questions, please contact Captain Mark Makowski or Maureen Oakley of our Grants Section at 851 -4475. Your attention to this matter is greatly appreciated, thank you. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of Police, dated January 2, 2014, be received and filed; and That the Common Council hereby authorizes the Commissioner of Police to accept funds, totally $533,200.00, from the New York State Division of Criminal Justice Services as part of Operation Impact Year 10, covering the grant period of July 1, 2013 through June 30, 2014. The State will reimburse the City of Buffalo directly for the $533,200.00. There is no match associated with this grant. PASSED AYES -7 NOES -0 NO. 73 PERMISSION TO ACCEPT 2014 DCJS IMPACT SUPPLEMENTAL LICENSE READER GRANT] The Buffalo Police Department continues to be successful in securing grant funding through various sources. As such, and in order to keep within the practices of our grant processing, especially at this time when the City has critical funding needs and various funding sources are making cuts, we are asking permission from your Honorable Body for the Mayor to enter into the contract listed below. In addition, we are also requesting, as is our standard practice, that your Honorable Body authorize the Comptroller to provide for an inter -fund cash loan for all non - personnel expenses (totaling $125,000) until such reimbursements are secured by the funding source (County, State, "Feds "). As you also know, the grant process often involves delayed information, budgets, and contracts at these government levels, often times beyond the City's control, and therefore creates a pressing situation for the processing of the required paperwork. Some of these grants involve personnel expenses, equipment, etc. and it is imperative that we spend out the funding prior to the end of the grant's fiscal year, and in most cases, because of the lengthy processing, we are constantly faced with time constraints, therefore, we would appreciate your approval at the January 21, 2014 meeting. New York State Division of Criminal Justice Services - Operation IMPACT Supplemental Grant - License Plate Reader Equipment Installation We have been advised by the New York State Division of Criminal Justice Services (DCJS) that the City of Buffalo is an upstate City that will be receiving a total of 125,000, under a one -time supplemental Operation IMPACT Grant which is to be utilized for the installation of fixed license plate readers on the existing wireless video surveillance cameras at Kensington and Bailey. These funds are part of the Operation IMPACT strategy to combat violent crime. These license readers will be placed in this high -risk area that serves as primary access /exit points in the "E" District so that law enforcement can document all vehicles passing through this targeted area, check the plates against hotlists and identify uninsured, unregistered and stolen vehicles. The system will also allow Detectives to access information during their investigations from searchable and stored data, which can be used to locate suspects and to piece together information that will lead to their apprehension and arrest. The City of Buffalo already has a vendor, Federal Signal, after a comprehensive vetting of submitted proposals, following the regular City's purchasing process. As you know, this is NOT nor will it operate as a "red light camera system." The stationary (or fixed) license readers merely store data, cross check stolen vehicle hot lists, identify stolen vehicles and generate leads based on surveillance camera observations and license reader stored data. We are respectfully that the City be able to accept these funds and for the Mayor to enter into an agreement with DCJS a 12 month period, dates to be determined by New York State during 2014. If you have any questions, please contact Captain Mark Makowski or Maureen Oakley of our Grants Section at 851 -4475. Your attention to this matter is greatly appreciated, thank you. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of Police, dated January 7, 2014, be received and filed; and That the Common Council hereby authorizes the Mayor to enter into an agreement with the New York State Division of Criminal Justice Services and to accept funds in the amount of $125,000.00, under a one -time supplemental Operation IMPACT Grant, which is to be utilized for the installation of fixed license plate readers on the existing wireless video surveillance cameras at Kensington and Bailey. The agreement will run for a twelve (12) month period, the dates to be determined by New York State. PASSED AYES -7 NOES -0 NO. 74 PERMISSION TO ACCEPT 2013 -2014 OPERATION PROTECT KIDS -YOUTH TOBACCO ENFORCEMENT GRANT PROGRAM The Buffalo Police Department continues to be successful in securing grant funding through various sources. As such, and in order to keep within the practices of our grant processing, especially at this time when the City has critical funding needs and various funding sources are making cuts, we are asking permission from your Honorable Body for the Mayor to enter into the contract listed below. As you also know, the grant process often involves delayed information, budgets, and contracts at these government levels, often times beyond the City's control, and therefore creates a pressing situation for the processing of the required paperwork. Some of these grants involve personnel expenses, equipment, etc. and it is imperative that we spend out the funding prior to the end of the grant's fiscal year, and in most cases, because of the lengthy processing, we are constantly faced with time constraints, therefore, we would appreciate your approval at the January 21, 2014 meeting. OPERATION PROTECT KIDS (YOUTH TOBACCO ENFORCEMENT GRANT) - The County continues to run this grant to coincide with the State's fiscal year, which will end on March 31, 2014. We will be renewing this grant as awarded to the County of Erie under the New York State Department of Health's Youth Tobacco Enforcement and Prevention Grant. Under the renewal agreement, the County will reimburse the City of Buffalo a minimum of $45.00 for every completed compliance check of merchants who sell tobacco products. Using underage operatives as decoys, compliance checks have been conducted to see if active enforcement of New York State Public Health Laws reduces the availability of tobacco products to children. Another focus of this project has been to educate local business owners with licenses to sell tobacco products as to the law, and how this law must be enforced. Merchants who have been found violating this law and allowed the operative to purchase tobacco products, are to be subjected to penalties imposed by the Health Department, which may include fines. The City of Buffalo will receive 50% of any fines levied in order to continue the efforts to reduce tobacco sales to minors. If you have any questions, please contact Captain Mark Makowski or Maureen Oakley of our Grants Section at 851 -4475. Your attention to this matter is greatly appreciated, thank you. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of Police, dated January 4, 2014, be received and filed; and That the Common Council hereby authorizes the Commissioner of Police to renew the grant for Operation Protect Kids (Youth Tobacco Enforcement Grant) as awarded to the County of Erie under the New York State Department of Health's Youth Tobacco Enforcement and Prevention Grant. Under the renewal agreement, the County will reimburse the City of Buffalo a minimum of $45.00 for every completed compliance check of merchants who sell tobacco products. The City of Buffalo will receive 50% of any fines levied in order to continue the efforts to reduce tobacco sales to minors. PASSED AYES -7 NOES -0 NO. 75 PERMISSION TO ACCEPT 2013 -2014 REIMBURSEMENTS LAW ENFORCEMENT PARTNERS The Buffalo Police Department continues to be successful in securing grant funding and reimbursements through various sources. As such, and in order to keep within the practices of our grant processing, especially at this time when the City has critical funding needs and various funding sources are making cuts, we are asking permission from your Honorable Body for the City to accept overtime reimbursement funds and for the Mayor to enter into an agreement with our various Federal Law Enforcement Partners (DEA, FBI, US Marshals, New York State Police, Immigration /Customs /Border Patrol) covering the period October 1, 2013 through September 30, 2014. Since we have received information from these agencies that we can move forward with our reimbursements, we would appreciate your approval at the January 21, 2014 meeting. POLICE REIMBURSEMENTS FROM VARIOUS LAW ENFORCEMENT PARTNERS: The Buffalo Police Department will be securing reimbursement from the DEA for overtime worked by 2 dedicated Detectives assigned there, along with another assigned to the Upstate Diversionary Task Force (approximately $51,607) working on major drug cases, along with reimbursement from the FBI for any overtime worked by the Detectives assigned to the Joint Terrorism Task Force, the Safe Streets Task Force, and the Cyber Task Force, which to date, will not exceed an additional $68,809. In addition, this year, we will continue to have Detectives assigned to the US Marshal's Violent Felony Warrant Squad and will be reimbursed up to a maximum of $32,000 for overtime expenditures; along with reimbursements coming from our Department's participation at US Customs (approximately $20,000); Regional Crime Forensics Lab (maximum of $17,202); High Intensity Drug Traffic Areas (maximum of $17,202); New York State Police "Spider" Operations and Immigration /Border Patrol Operations through Department of Homeland Security (amount varies annually); joint Organized Crime Drug Enforcement Task Force Operations with both the DEA and possibly the FBI (once again, the amount varies annually); and Police Lifesaver Patrols (approximately $10,000). If you have any questions, please contact Captain Mark Makowski or Maureen Oakley of our Grants Section at 851 -4475. Your attention to this matter is greatly appreciated, thank you. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of Police, dated January 7, 2014, be received and filed; and That the Common Council hereby authorizes the Commissioner of Police to accept overtime reimbursement from the Drug Enforcement Agency, Federal Bureau of Investigation, US Marshals, New York State Police, and Immigration, Customs and Border Patrol in the amounts set forth in the communication to the Common Council. PASSED AYES 7, NOES 0 NO. 76 PERMISSION TO ACCEPT 2013 STONEGARDEN GRANT FUNDS The Buffalo Police Department continues to be successful in securing grant funding through various sources. As such, and in order to keep within the practices of our grant processing, especially at this time when the City has critical funding needs and various funding sources are making cuts, we are asking permission from your Honorable Body for the Mayor to enter into the contract listed below. In addition, we are also requesting, as is our standard practice, that your Honorable Body authorize the Comptroller to provide for an inter -fund cash loan for all non - personnel expenses (totaling $4,495) until such reimbursements are secured by the funding source (County, State, "Feds "). As you also know, the grant process often involves delayed information, budgets, and contracts at these government levels, often times beyond the City's control, and therefore creates a pressing situation for the processing of the required paperwork. Some of these grants involve personnel expenses, equipment, etc. and it is imperative that we spend out the funding prior to the end of the grant's fiscal year, and in most cases, because of the lengthy processing, we are constantly faced with time constraints, therefore, we would appreciate your approval at the January 21, 2014 meeting. OPERATION STONEGARDEN 2013 -We are requesting authorization to participate with the Bureau of Customs and Border Patrol through the New York State Division of Homeland Security, under the auspices of the County of Erie Sheriffs Department through an agreement, to enhance border enforcement capabilities through marine roving patrol operations. We have been advised that Buffalo Police, through a Memorandum of Understanding with the County of Erie, will receive reimbursement for no more than $10,000 in overtime hours and also, approximately $4,495 in equipment and fuel for our Underwater Recovery Waterside Team as our 2013 funding allotment. We will work with US Customs and Border Patrol for homeland protection as well as utilize these resources for our Underwater Recovery Team's efforts for patrolling Buffalo's waterways, especially near the Peace Bridge, and also, for security diving operations for our own community and when our dive team assists other agencies. We are respectfully that the City be able to accept these funds and for the Mayor to enter into an agreement with the Erie County Sheriffs Department for a 24 -month period, dates to be determined by New York State during 2014. If you have any questions, please contact Captain Mark Makowski or Maureen Oakley of our Grants Section at 851 -4475. Your attention to this matter is greatly appreciated, thank you. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of Police, dated January 6, 2014, be received and filed; and That the Common Council hereby authorizes the Commissioner of Police to enter into an agreement with the New York State Division of Homeland Security, Bureau of Customs and Border Patrol, for marine roving patrol operations, and to accept reimbursement of no more than $10,000.00 and approximately $4,495.00 in equipment and fuel for the Underwater Recovery Waterside Team. PASSED AYES 7, NOES 0 NO. 77 PERMISSION TO ACCEPT 2014 -2017 STOP DWI FUNDS The Buffalo Police Department continues to be successful in securing grant funding through various sources. As such, and in order to keep within the practices of our grant processing, especially at this time when the City has critical funding needs and various funding sources are making cuts, we are asking permission from your Honorable Body for the Mayor to enter into the contract listed below. As you also know, the grant process often involves delayed information, budgets, and contracts at these government levels, often times beyond the City's control, and therefore creates a pressing situation for the processing of the required paperwork. Some of these grants involve personnel expenses, equipment, etc. and it is imperative that we spend out the funding prior to the end of the grant's fiscal year, and in most cases, because of the lengthy processing, we are constantly faced with time constraints, therefore, we would appreciate your approval at the January 21, 2014 meeting. STOP DWI GRANT PROGRAM - We are requesting an acceptance of funding and authorization for the Mayor to enter into the 20014 -2017 three - year renewal agreement between the City of Buffalo and the County of Erie under the STOP DWI Grant Program for the period January 1, 2014 through December 31, 2017. The City of Buffalo and the County of Erie have had contractual agreements over these many years whereby the City is reimbursed for efforts in the enforcement of alcohol and /or related traffic violations. Under this agreement, the City will be reimbursed by the County for up to 65% of all revenue generated from fines levied resulting from the disposition of alcohol - related traffic offenses. These funds are then utilized to continue enhancing the Department's DWI enforcement activities. Under this particular grant, there is no City Match and no inter -fund cash loan request. If you have any questions, please contact Captain Mark Makowski or Maureen Oakley of our Grants Section at 851 -4475. Your attention to this matter is greatly appreciated, thank you. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of Police, dated January 7, 2014, be received and filed; and That the Common Council hereby authorizes the Commissioner of Police to enter into three year renewal agreement between the City of Buffalo and the County of Erie under the Stop DWI Grant program from the period of January 1, 2014 through December 31, 2017. Under this agreement, the City of Buffalo will be reimbursed by the County of Erie for up to 65% of all revenue generated from fines levied resulting from the disposition of alcohol - related traffic offenses. PASSED AYES 7. NOES 0 NO. 78 PERMISSION TO ACCEPT 2013 STATE HOMELAND SECURITY The Buffalo Police Department continues to be successful in securing grant funding through various sources. As such, and in order to keep within the practices of our grant processing, especially at this time when the City has critical funding needs and various funding sources are making cuts, we are asking permission from your Honorable Body for the Mayor to enter into the contract listed below. In addition, we are also requesting, as is our standard practice, that your Honorable Body authorize the Comptroller to provide for an inter -fund cash loan for all non - personnel expenses (totaling $325,000) until such reimbursements are secured by the funding source (County, State, "Feds "). As you also know, the grant process often involves delayed information, budgets, and contracts at these government levels, often times beyond the City's control, and therefore creates a pressing situation for the processing of the required paperwork. Some of these grants involve personnel expenses, equipment, etc. and it is imperative that we spend out the funding prior to the end of the grant's fiscal year, and in most cases, because of the lengthy processing, we are constantly faced with time constraints, therefore, we would appreciate your approval at the January 21, 2014 meeting. STATE HOMELAND SECURITY FROG FUNDING (SHSP) REPLACES URBAN AREA SECURITY INITIATIVE IUASI) FOR 20:171 The City of Buffalo, County of Erie, and Niagara County remain off the list of cities who receive 2013 Urban Area Security Initiative (UASI) funding by the US Department of Homeland Security, along with the upstate municipalities of Rochester, Syracuse and Albany (only UASI funded region in NY was New York City. Like Buffalo, many other Tier 11 cities continue to be cut and still remain off the UASI list for funds). As such, the Federal Department of Homeland Security continues to award State Homeland Security Program Funds (SHSP) to New York State's Department of Homeland Security and Emergency Services, who then in turn, passes them along to the various counties in New York State. Because of what has happened to upstate with the UASI funding and also, because under UASI we operate as a region, the State has decided that out of the 2013 SHSP funding they are awarding to Erie and Niagara Counties this year, Buffalo will receive a consensual share of $325,000. This funding will be utilized for the continued expansion of the City's crisis management initiative which includes the development of quick action plans for first responders (data based development in various key buildings that includes information about staging areas, resources on site, contact names, etc) and also allows for the development of data related to infrastructure diagramming of critical infrastructure (entrances, exists, stairwells, etc.) for event response plans. This funding will also be utilized to update the City's Comprehensive and All Hazards Emergency Plans as well as continue with the City's citizen preparedness coordination and activities. We are respectfully that the City be able to accept these funds and for the Mayor to enter into an agreement with New York State's Division of Homeland Security and Emergency Services for the period of 09/01/13 to 08/31/15. If you have any questions, please contact Captain Mark Makowski or Maureen Oakley of our Grants Section at 851 -4475. Your attention to this matter is greatly appreciated, thank you. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of Police, dated January 7, 2014, be received and filed; and That the Common Council hereby authorizes the Commissioner of Police to accept funding in the amount of $325,000.00 from New York State's Department of Homeland Security which will be utilized to update the City's Comprehensive and All Hazards Emergency Plans, as well as to continue with the City's citizen preparedness coordination and activities. PASSED AYES 7, NOES 0 NO. 79 PERMISSION TO ACCEPT VIDEO TAPING INTERVIEW GRANT The Buffalo Police Department continues to be successful in securing grant funding through various sources. As such, and in order to keep within the practices of our grant processing, especially at this time when the City has critical funding needs and various funding sources are making cuts, we are asking permission from your Honorable Body for the Mayor to enter into the contract listed below. In addition, we are also requesting, as is our standard practice, that your Honorable Body authorize the Comptroller to provide for an inter -fund cash loan for all non - personnel expenses (totaling $5,000) until such reimbursements are secured by the funding source (County, State, "Feds "). As you also know, the grant process often involves delayed information, budgets, and contracts at these government levels, often times beyond the City's control, and therefore creates a pressing situation for the processing of the required paperwork. Some of these grants involve personnel expenses, equipment, etc. and it is imperative that we spend out the funding prior to the end of the grant's fiscal year, and in most cases, because of the lengthy processing, we are constantly faced with time constraints, therefore, we would appreciate your approval at the January 21, 2014 meeting. DISTRICT ATTORNEY'S OFFICE VIDEO TAPING GRANT THROUGH DCJS - The Buffalo Police Department is one of several police agencies in Western New York receiving funds, totaling 5,000, from the New York State Division of Criminal Justice Services (DCJS) through the Erie County District Attorney's Office. These funds will be utilized to purchase equipment that will enable our Homicide Unit Detectives to video record all suspect interviews in (3) interview rooms located within the Homicide Section of Police Headquarters. This technology will enable Buffalo Police to enhance the interview process helping to prevent wrongful convictions and false allegations against the police during the interrogation process. We are respectfully asking for authorization for the City to accept these funds and for the Mayor to enter into an agreement with the Erie County District Attorney's Office for a one -year period, dates to be determined by New York State during 2014. if you have any questions, please contact Captain Mark Makowski or Maureen Oakley of our Grants Section at 851 -4475. Your attention to this matter is greatly appreciated, thank you. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of Police, dated January 4, 2014, be received and filed; and That the Common Council hereby authorizes the Commissioner of Police to accept funding in the amount of $5,000.00 from the New York State Division of Criminal Justice Services to purchase equipment that will enable the City of Buffalo Homicide Unit Detectives to video record all suspect interviews in rooms located within the Homicide Section of Police Headquarters. PASSED AYES 7, NOES 0 NO. 80 APPOINT POLICE CAPTAIN (PERM)(Jentz, Menza) CERTIFICATE OF APPOINTMENT Appointment effective January 6, 2014 in the Department of Police Division of Patrol to the Position of Police Captain Permanent Promotion Flat starting salary of $85,672 Ronald E. Jentz, 5365 Harris Hill Road, Williamsville 14221 Carmen Menza, 5828 Bradford, E. Amherst NY 14051 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 81 APPOINT POLICE CAPTAIN (CONTINGENT PERM)(LARK) CERTIFICATE OF APPOINTMENT Appointment effective January 6, 2014 in the Department of Police Division of Patrol to the Position of Police Captain Contingent Permanent Promotion Flat starting salary of $85,672 Barbara Lark, 3761 Trails End Park, Wheatfield 14120 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 82 APPOINT DETECTIVE (PERM)(STOVER- KELLY, GUILIAN, LONG) CERTIFICATE APPOINTMENT Appointment effective January 6, 2014 in the Department of Police Division of Patrol to the Position of Detective Permanent Promotion Flat starting salary of $68,230 Valerie D. Stover - Kelly, 66 Allenhurst, Buffalo 14214 Jerry Guilian, 1089 Sliker Road, Corfu 14036 Michael D. Long, 110 Alabama Street, Buffalo 14204 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 83 APPOINT DETECTIVE SERGEANT(PROV)(TEAGUE, HOLLOWAY) CERTIFICATE OF APPOINTMENT Appointment effective January 6, 2014 in the department of Police Division of Patrol to the Position of Detective Sergeant Provisional Promotion Flat starting salary of $71,093 Gary Teague, 1466 Kensington Avenue, Buffalo 14215 Cedric Holloway, 512 Linwood Avenue, Buffalo 14209 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 84 APPOINT POLICE INSPECTOR(PERM)(BARBA) CERTIFICATE OF APPOINTMENT Appointment effective January 6, 2014 in the department of Police Division of Patrol to the Position of Police Inspector Permanent Promotion Flat starting salary of $93,681 Anthony J. Barba, 27 Hartwell Road, Buffalo 14216 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 85 APPOINT POLICE LIEUTENANT(PERM)(WRIGHT, HOSKING, CYREK, BEYER, BANGDON) CERTIFICATE OF APPOINTMENT Appointment effective January 6, 2014 in the department of Police Division of Patrol to the Position of Police Lieutenant Permanent Promotion Flat starting salary of $75,626 Alphonso Wright, 75 Courtland St. Lower, Buffalo 14215 James D. Hosking, 13 Naples, W. Seneca 14224 Mark Cyrek, 59 Edmund, Cheektowaga 14227 Amber Beyer, 7638 Arnold Drive, Wheatfield 14120 Joseph Langdon, 270 Tampa Drive, W. Seneca 14220 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 86 APPOINT POLICE LIEUTENANT(CONTINGENT PERM )(BLESY, CONNOLLY) CERTIFICATE OF APPOINTMENT Appointment effective January 6, 2014 in the department of Police Division of Patrol to the Position of Police Lieutenant Contingent Permanent Promotion Flat starting salary of $75,626 Scott A. Blesy, 7140 Boston State, Hamburg 14075 Jeremy Connolly, 64 Hollywood Avenue, Buffalo 14220 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 87 APPOINT POLICE OFFICER(PERM)(BRIDGE, RAYE, GRAEVER, JONES, KRUG, CRUZ, ORTIZ, PARANAN,MOFFETT, THOMAS, DOMROS, SCHAFER, MILLER, SULLIVAN, MARITATO, ESQUILIN, SKALSKI, DIPASQUALE, SERRANO- CARDONA, NIGHTINGALE - GRIFFIN, MAY WITKOWSKI, BURESE, O'BRIEN, MURRAY, BECKER, MCDOWELL, BENCE, CISZEK, FISHER, OTWELL, MCCLAIN) Certificate of Appointment Appointment effective January 17, 2014 in the department of Police Division of Staff Operations to the Position of Police Officer Permanent Appointment Minimum starting salary of $50,373 Kevin Bridge, 17 Cheltenham Drive, Buffalo 14216 Dewayne Raye, 218 Swan Street, Buffalo 14204 William Graeber, 210 Potter Road, Buffalo 14220 Thelma Jones, 988 Humboldt Parkway, Buffalo 14211 Nicole Krug, 320 Potter Road, Buffalo 14220 Richard Cruz, 477 7 th Street, Buffalo 14201 Alan Ortiz, 5 Marbeth Court, Buffalo 14220 Michael Parana, 494 Woodward Avenue, Buffalo 14214 Michael Moffett, 80 Tuscarora Road, Buffalo 14220 Andrew Thomas, 38 Sattler Avenue, Buffalo 14211 Joshua Domros, 66 Duerstein Street, Buffalo 14210 Christopher Schafer, 125 Colgate Avenue, Buffalo 14220 Peter Miller 424 Eden Street, Buffalo 14220 Meghan Sullivan, 693 McKinley Parkway, Buffalo 14220 Michael Maritato, 514 Tacoma Avenue, Buffalo 14216 Lucia Exquilin, 32 West Avenue, Buffalo 14201 Nicholas Skalski, 59 Avery Avenue, Buffalo 14216 March DiPasquale, 72 Delham Street, Buffalo 14216 Erik Serrano - Cardona, 754 Amherst Street, Buffalo 14216 James Nightingale- Griffin, 29 Dismonda Street, Buffalo 14210 Allan May, 822 Amherst Street, Buffalo 14216 Carlton Witkowski, 255 West Utica Street, Buffalo 14222 Zackary Burgese, 73 Red Jacket Parkway, Buffalo 14220 Matthew O'Brien, 223 Schiller Street, Buffalo 14206 Heather Murray, 16 Delaney Avenue, Buffalo 14216 Scott Becker, 482 Taunton PI, Buffalo 14216 Aaron McDowell, 10 Amsterdam, Buffalo 14215 Joelle Bence, 339 Commonwealth Avenue, Buffalo 14216 Terrance Ciszek, 326 Grant Street, Buffalo 14213 Joseph Fisher, 490 Pearl Street Apt 4, Buffalo 14202 James Otwell, 340 McKinley Parkway, Buffalo 14220 Ashunti McClain, 436 Monroe Street, Buffalo 14212 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF FIRE NO. 88 PURCHASE OF FIRE DEPARTMENT APPARATUS- AMENDED The Buffalo Fire Department has $461,475.90 in capital funding accounts 34210506 445100, 33210106 445100 and 31210106 445100 and $500,000 in approved capital funds for 2013. We are requesting permission to purchase one (1) ladder /truck. Bids will be secured through the division of purchase. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of Fire, dated January 21, 2014, be received and filed; and That the Common Council hereby authorizes the Commissioner of Fire to purchase one (1) ladder /truck. Bid wills be secured through the Division of Purchase. Funds are available in Capital Accounts #34210506 445100, 33210106 445100 and 31210106 445100. PASSED AYES 7, NOES 0 FROM THE CORPORATION COUNSEL NO. 89 CLAIMS COMMITTEE MEETING -JAN 29, 2014 TIMOTHY A. BALL CORPORATION COUNSEL CLAIMS COMMITTEE MEETING Wednesday, January 29, 2014 - 11:00 a.m. Hon. David A. Rivera, Chairman AGENDA Personal Iniury A. 1. Campbell, Jeffrey A. 2. Carrasquillo, Thomas A. 3. Jackson, Marilyn A. 4. Lapinski, Richard A. 5. Madden, James A. 6. Silmon, Donald A. 7. Zem, Mary and James Personal Injury Total: B. 1. Billittier, Lou B. 2. Munn, Lizzie B. 3. Ricigliano, Daryl Miscellaneous Total: $ 10,000.00 $ 9,999.00 $ 80,000.00 $200,000.00 $ 2,000.00 $ 65,000.00 $ 10,000.00 $376,999.00 Miscellaneous $ 454.40 $ 120.00 $ 46.00 $ 620.40 D. 1. Prior Fiscal Year Invoices D. 2. C. 1. African American Cultural Center $ 1,500.00 C. 2. Amherst Boarding Kennel $ 425.00 C. 3. Be Well Health Care Medicine $ 450.60 C. 4. Be Well Health Care Medicine $ 486.20 C. 5. Corn Doc $ 2,146.87 C. 6. Delacy Ford, Inc. $ 123.90 C. 7. Energy Procurement Consultants $ 2,905.50 C. 8. Fire Academy FSA $ 372.29 C.9. Interfieet $ 3,438.13 C. 10. Jameson Roofing Company $ 250.00 C. 11. Metro Community Development $ 1,500.00 C. 12. Motorola Solutions, Inc. $ 786.00 C. 13. Parkside Community Association of Buffalo, Inc. $ 1,500.00 C. 14. PCI $ 3,330.00 C. 15. SOTERIA -IT $ 160.00 C. 16. Source Technical, Inc. $ 1,375.00 C. 17. Valley Community Association, Inc. $ 1,500.00 PFY Invoice Total: $ 22,249.49 D. 1. Johnson, M.C. D. 2. Marek, Cathryne D. 3. M &T Bank D. 4. National Fuel Gas D. 5. National Fuel Gas D. 6. Smith, Mary Property Damage Total: E. 1. Seneca One Realty, LLC Contract Total: F. 1. Nichols, Theresa Items for Discussion Total: GRAND TOTAL: REFERRED TO THE COMMITTEE ON CLAIMS Property Damage $ 750.00 $ 422.82 $ 450.00 $ 379.80 $ 550.35 $ 225.00 $ 2,777.97 Contract $210,000.00 $210,000.00 Items for Discussion $ 800.00 $ 800.00 $613,446.86 NO. 90 EXTENSION OF THE LOCK -UP AGREEMENT BETWEEN THE CITY OF BUFFALO AND THE COUNTY OF ERIE FOR THE HANDLING OF PRE - ARRAIGNED FEMALE ARRESTEES PRIOR COUNCIL REFERENCE: Item #35, C.C.P. 04/02/2013 Item #20, C.C.P. 10/29/2013 On April 3, 2013 the parties entered into the "First Amendment to Lock -Up Agreement By and Between the City of Buffalo and the County of Erie" ( "First Amended Agreement ") which modified the terms of the parties' original agreement concerning pre- arraigned arrestees. The First Amended Agreement continued the temporary housing of the City's pre- arraigned female arrestees at the County Celi Block. I respectfully request that your Honorable Body authorize the continuation of the City's pre- arraigned female arrestee detention at the County Cell Block, per the attached Third Amendment to Lock -Up Agreement. The attached Third Amended Agreement includes the same essential terms as the previous amendment to the contract and would extend the agreement through July 15, 2014. The contemplated timeframe was negotiated to allow the City adequate time to finalize plans for and to expand its existing Holding Center to accommodate the detention of the City's pre- arraigned female arrestees. Thank you for your consideration of this extension. Mr. Smith moved: That the above item be, and the above communication from the Office of the Corporation Counsel, dated January 15, 2014, be received and filed; and That the Common Council hereby authorizes the continuation of the City's pre- arraigned female arrestee detention at the County Cell Block through July 15, 2014 as outlined in the Third Amended Agreement submitted with the Common Council communication. PASSED AYES 7, NOES 0 FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT & INSPECTION SERVICES NO. 91 2014 FOOD STORE LICENSE RENEWALS Pursuant to Chapter 194 "Food Stores" of the City of Buffalo Ordinances, specifically section 194 -7.1 "Procedure governing license renewals ", attached, please find a list of all Food Store Licenses expiring on April 1, 2014. As per Chapter 194 -7.1 "the Common Council shall notify this department, in writing, each license it believes requires further investigation by the Department prior to the license being renewed. Additionally, the Common Council shall also forward to this department, any and all information it deems pertinent to the investigation of the licensee. Finally, any actions taken by this Honorable Body with regards to the provisions of a specific Food Store License should be documented during an official Common Council Proceedings with subsequent notice to this department. REFERRED TO THE COMMITTEE ON LEGISLATION. NO. 92 FOOD STORE (NEW)1291 BROADWAY (FILLMORE) Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 1291 BROADWAY (MOHAMMED AL SADEM / MONAS MARKET) and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collections Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 93 FOOD STORE (NEW) 614 ONTARIO (NORTH) Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 514 ONTARIO (YAQOUB ALWASIM / RAY'S CONVIENENT SHOP) and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collections Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 94 FOOD STORE (NEW) 69 WALDEN (FILLMORE) Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 59 WALDEN (AL MADINA MINI MART INC. /MD TORAPALI GAZI) and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collections Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 96 FOOD STORE (NEW) 243 WALDEN (FILLMORE) Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 243 WALDEN (BADR SUPER MARKET/ MOHAMED ALGHAZALI) and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collections Office I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 96 USED CAR DEALER 771 BROADWAY (FILLMORE) Pursuant to Chapter 254 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Used Car Dealer License located 771 BROADWAY and find that as to form is correct. I have caused an investigation into the premises for which said application for a used car dealer license is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspections; I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of SHAMAR DAVIS. The attached thereto for SHAMAR DAVIS /dba/ SSD AUTO INC. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 97 USED CAR DEALER 634 COLVIN BLDG 6 BAY 7 (DELAWARE) Pursuant to Chapter 254 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Used Car Dealer License located 534 COLVIN BLDG 6 BAY 7 and find that as to form is correct. I have caused an investigation into the premises for which said application for a used car dealer license is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspections; I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of MARK REMINGTON. The attached thereto for MARK REMINGTON /dba/ REMINGTON'S PRE OWNED AUTOS This request is submitted for your approval or whatever action you deem appropriate. Mr. Smith moved: That the above item be, and the above communication from the Department of Permits and Inspection Services, dated January 13, 2014, be received and filed; and That the Commissioner of the Department of Economic Development, Permits and Inspections Services is hereby authorized pursuant to Chapter 254 of the City Code to issue a Used Car Dealer License to Mark Remington d /b /a Remington's Pre Owned Autos, located at 534 Colvin Bldg. 6 Bay 7. PASSED AYES 7. NOES 0 FROM THE BOARD OF EDUCATION NO. 98 CITY HALL SECURITY Prior Council Reference: #72, C.C.P., December 23, 2013 Please see prior resolution approved by the Board of Education at the March 23. 2011 Board Meeting and submitted to the Common Council on March 28. 2011. James M. Kane REFERRED TO THE COUNCIL PRESIDENT FROM THE CITY CLERK NO. 99 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 Owners Name 120 Church St Harbor Bistro & Bar Buffalo- Niagara LLC 1116 Elmwood Ave India Gate Bath Restaurant Corp 1735 Hertel Ave Boss Vacmor Holdings LL 42 W. Chippewa St Bada Bing Da Bada Inc 47 E. Mohawk PI Buffalo's Mohawk PI Buffalo's Mohawk PI LLC 775 -779 Main St Kaydara Noodle Bar Fish Roe. LLC 149 Swan Street Handlebar The Hub Pup LLC 454 Pearl Street District District 3 Inc 197 Allen Street Alley Cat Restaurant Brynlan LLC 153 Elmwood Ave 153 Elmwood Ave Black Swan Lounge Inc 1250 Niagara St 1250 Niagara Street Resurgence Brewing Company LLC 55 East Huron Street 55 East Huron Street Big Ditch Brewing Co LLC 322 W. Ferry Street Dollar Restaurant & Bar WHM Restaurant Co Inc RECEIVED AND FILED NO. 100 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: x Police- Donna Cavalieri. Elizabeth Clark. Agnieszka Dembinski. Vanessa Rowe RECEIVED AND FILED. NO. 101 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 01/13/2014 in the Department of Public Works, Parks & Streets, Division of Streets to the position of Laborer II, Seasonal at the flat rate of $12.66/hr Spencer Robinson, 22 Ruhlane Ave., Buffalo, NY 14211 CERTIFICATE OF APPOINTMENT Appointment effective 01/16/2014 in the Department of Public Works, Parks & Streets, Division of Streets to the position of Laborer II, Seasonal at the flat rate of $12.66/hr Jack Wagner, 108 Peabody St, Buffalo, NY 14210 Jonathan Camacho, 23 Tioga St, Nuffalo, NY 14216 NO. 102 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 01 /06/2014 in the Department of Law to the position of Assistant Corporation Counsel /Municipal Attorney, Temporary at the Minimum Salary of $53,686 Melissa Sanchez - Fernandez, 211 West Ferry Street, Buffalo, NY 14213 CERTIFICATE OF APPOINTMENT Appointment Effective 01 /13/2014 in the Department of Public Woks, Parks and Streets, Division of Water to the Position of Dispatcher, Permanent at the minimum Salary of $24,184 Michael Zmuda, 127 Dundee St, Buffalo, NY 14220 CERTIFICATE OF APPOINTMENT Appointment Effective 01 /16/2014 in the Department of Public Woks, Parks and Streets, Division of Water to the Position of Water Treatment Supervisor, Provisional at the minimum Salary of $52,142 Frank Sparacino, 26 Virgil Ave, Buffalo, NY 14216 CERTIFICATE OF APPOINTMENT Appointment Effective 01 /16/2014 in the Department of Public Woks, Parks and Streets, Division of Streets to the Position of Street Worker, Permanent at the minimum Salary of $23,553 TamarJ. Redden, 60 Lemon St, Buffalo, NY 14204 CERTIFICATE OF APPOINTMENT Appointment Effective 01 /16/2014 in the Department of Public Woks, Parks and Streets, Division of Streets to the Position of Street Worker, Temporary at the minimum Salary of $23,553 Charles Sanford, 518 Cambridge Ave, Buffalo, NY 14215 CERTIFICATE OF APPOINTMENT Appointment Effective 01 /16/2014 in the Department of Public Woks, Parks and Streets, Division of Streets to the Position of Truck Driver, Temporary at the minimum Salary of $23,553 Charles Baker, 239 Oxford Ave, Buffalo, NY 14209 NON - OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON - OFFICIAL COMMUNICATIONS NO. 103 RESUME FOR UNIVERSITY DISTRICT SEAT - ARCHIE L. AMOS JR I would like to submit my name, Archie L. Amos, Jr., for consideration to fill the now vacant University District council representative seat. My qualifications include being a Buffalo resident for over six decades, being a University District resident for over three decades, and previously serving in the position of University District Councilman from 1985 -1993. 1 am very familiar with the district, the city and the residents. Following my tenure with the Common Council, I served as vice president for Women and Minority Business Development with the Buffalo Economic Renaissance Corporation, the Director of New York State Civil Service representing Western New York managing and assisting approximately 150,000 State employees in every facet of their employment from hiring to retirement, and as a manager for the Judicial Diversion Program which was created by the New York State Legislature for non - violent felons. Being able to immediately assume the position as well as having experience navigating systems in City Hall, I would quickly address the needs and concerns of the residents and become an integral part of the existing Council. I bring a wealth of experience and knowledge to the University District and a city that's clearly on the move. It would be an honor to once again serve this city and the citizens I love. REFERRED TO THE COMMITTEE OF THE WHOLE NO. 104 RESUME FOR UNIVERSITY DISTRICT SEAT -DR. CHRIS W. BROWN JR To whom it may concern: I am writing this letter in response to your current posting for the position of University District Council member vacancy. I am confident that my education and professional experience would make me an excellent candidate for this position. I have served as an executive director for three local agencies and program director for one. I have been a university district resident consecutively for the past seventeen years and have witnessed firsthand the districts residential decline due to the influx of non - traditional residents in its neighborhoods. As a camera monitor for the Buffalo Police Department on a dally basis I observed the criminal activity which plagues its neighborhoods. My over twenty years of professional experience has always in one form or other been responding to the needs of people and their families, I would like to continue that vocation by being appointed as the next University District Councilmember. I would like to thank you for affording this opportunity to submit this letter of application and attached resume; I look forward to hearing from you within the near future for a possible interview. REFERRED TO THE COMMITTEE OF THE WHOLE NO. 106 RESUME FOR UNIVERSITY DISTRICT SEAT - REGINALD J. GRIGGS Dear: Sir /Madam Thank you for taking the time for reading my resume. I would like you to consider my application favorably, when considering applicants for the position of University Council. I have a passion for working with people and helping others solve their problems. Over the past 30+ years my Work and Skills & Expertise is as follows Mental Health Counseling, Leadership Development, Community Development, Strategic Planning, Program Evaluation, Workshop Facilitation, Fundraising, Grant Writing, Organizational Development, Event Management, Public Health & Public Relations Board Member past and present New York State Black Gay Network, Healthy New York, Group Ministries Inc., AIDS Network of WNY, Ujima Company Inc. Organization Founder & President- ALL about US (Community social Organization) and the African American Health Coalition (Community Health Awareness Organization) Awards Buffalo Ambassador -2001 (Buffalo Niagara Convention & Visitors Bureau) Hart of MOCHA -2002 (The MOCHA Program) Red Ribbon - 2013 (AIDS Network of WNY) I would welcome the opportunity to further discuss my skills and a position with the Council. If you have questions or would like to schedule an interview, please contact me by phone at 716.892.1208 or by e -mail at reginaldgriggs @yahoo.com. I have enclosed my resume for your review. I look forward to hearing from you. REFERRED TO THE COMMITTEE OF THE WHOLE NO. 106 RESUME FOR UNIVERSITY DISTRICT SEAT - MICHAEL V. HICKS JR. To the Buffalo Common Council, I am writing you to enquire about the University District Common Council representative vacancy. As my resume will attest, I have been an active union member (USW Local 135) for well over twenty (20) years. My dedication, experience and communication skills make me a viable candidate to fill the position opening left by family friend Bonnie Russell. I have been a University District resident for 20 years and have a keen sense of what my community's needs are. I would truly appreciate the opportunity to interview for this position. This seems to be an ideal career fit with my experience and educational background. Thank you for your consideration. Sincerely yours, Michael V. Hicks Jr. Enclosure: Resume REFERRED TO THE COMMITTEE OF THE WHOLE NO. 107 RESUME FOR UNIVERSITY DISTRICT SEAT - LILTON L. KELLEY 24 Year Veteran Police Detective Offering an award - winning track record of outstanding leadership with the City of Buffalo, New York police department. Key Skills Investigation Skills Complaint Handling • Troubleshooting /Problem Solving Reports & Documentation • Dignitary Protection Body Guard Security Professional Experience City of Buffalo, NY Police Detective Narcotics 2000 to 2009 City of Buffalo NY Police Detective 1994 -2000 City of Buffalo, NY Police Officer 1986 to 1994 US Air Force Reserve Security Police Specialist, 1985 to 1995 Investigated and apprehended persons suspected of the illegal sale and use of narcotics and of violating anti -vice laws. • Investigated known and suspected Criminals and facts of specific cases to detect planned criminal activity. • Frequented known haunts of criminals and became familiar with criminals to determine criminal habits, associates, characteristics, aliases and other personal information. • Obtained search warrant and evidence to be used in prosecuting cases in coup. • Conducted investigations on sex offense squad regarding rape, child abuse, missing persons and robbery. • Examined crime scenes, gathered evidence, obtain statements by questioning witnesses. • Maintained dose personal contact with offenders while working under - cover. Assisted the District Attorney, DEA, FBI, New York State Police, and other agencies in arresting, testifying and prosecuting criminals REFERRED TO THE COMMITTEE OF THE WHOLE NO. 108 RESUME FOR UNIVERSITY DISTRICT SEAT - NELLIE B. KING UNIVERSITY DISTRICT APPLICATION VACANT COUNCIL SEAT Dear Buffalo Council Members: Nellie B. King is seeking the University District vacant Council Seat. Mrs. King is widely known as a pioneering educator, a proven leader and a woman of action who has a genuine love for the university District and the city of Buffalo, New York. Mrs. King is known for working hard to get Democrats elected on the city, county, state and national levels for over 20 years. She is committed to leading the University District to a higher level if given the opportunity by the Buffalo Council Members. The city of Buffalo University District moves today in a world that demands leadership greatness built on servant leadership principles. It demands a leader who will be inclusive in building organizational greatness that is admired by world leaders across the globe. Leadership today requires one to understand the economic and technological framework by which organizations survive. My vision involves the University District movement, pulling together the might of the Buffalo Common Council and the utilization of the members as stakeholders in a society that is competitive and politically aggressive in ascertaining resources that impact the social, political and economic climate. It is my hope that the Buffalo Common Council will appoint me the Council Member of the University District to follow the esteem leadership of Council Member Bonnie Russell. BIOGRAPHY- NELLIE B. KING -A VISIONARY SERVANT LEADER: Nellie B. King was raised in a rural area called Foxworth near Columbia, Mississippi. She currently resides in Buffalo, New York. In 1965, Mrs. King earned a B.A. degree in Social Studies from Alcorn A and M College in Lorman, Mississippi. Later she earned a Master of Science degree in Education from Canisius College in Buffalo. She obtained a Certificate of Advanced Study in Educational Administration from the University at Buffalo in 1974. In addition, she is certified by the Buffalo State College in Social Studies, School Administration, and Supervision. Her professional career of more than 35 years has centered on education, serving school communities as a Teacher, Elementary School Principal, Principal of Secondary Curriculum and Instruction, and as the first African American Superintendent of the Lackawanna City School District and Erie County. Under her leadership, the Lackawanna School District initiated initiatives which provided new opportunities for student success. Mrs. King developed and initiated the Kids in the Spotlight Program, Lackawanna Family Achievement Center and the District Model Aids Program. During the 1998 -1999 School Year, she researched selected School District Strong Arts Education and Humanities Programs across the country for President Clinton's Committee on the Arts and Humanities which resulted in a published report," Gaining the Arts Advantage ". Mrs. King is community oriented and has provided civic services throughout the nation. She is also the recipient of awards, citations and other honors too numerous to list. REFERRED TO THE COMMITTEE OF THE WHOLE NO. 109 RESUME FOR UNIVERSITY DISTRICT SEAT -MARY M. O'ROURKE To whom it may concern: I am pleased to present my credentials for consideration for the position of University district Councilmember in the City of Buffalo. I believe that I can bring my unique talents, ideas and experience that will ultimately benefit not only the University district, but of the City of Buffalo as a whole. I have served the City of Buffalo as a civil servant in the department of Management Information Systems for 27 years. While I am responsible for the installation and maintenance of all of the city's computer equipment, I have had the privilege of working with each and every city department; and through my work, have developed countless professional working relationships with department heads and employees in assisting them with their essential computer technology needs. In addition to my duties with the City of Buffalo, I have served the community in other capacities. I served on the board and as board president of Ripen with Us Child Care Center which is located in the University district. I was involved in such issues as buildings and grounds, personnel and financial. In addition, I had key involvement in the acquisition of property, securing finances and the eventual construction of a state of the art child care facility located at 500 Kenmore Avenue. I also held the volunteer position of treasurer for the Neumann Catholic Swim League, for which I was responsible for all financials and necessary insurance for an organization of nearly 1000 Catholic school children. Finally, I was actively involved in the facilitation of University Park being added to the National Historic Registry. Such designation is quite a sense of pride for the University district. As an active, proud member of the Democratic Party for over half of my life, I am also a lifelong resident of Buffalo, and have resided in the University Heights neighborhood, living in the shadow of UB's south campus for over 20 years. It has been a wonderful place for my husband and me to raise our daughter: In closing, I look forward to the opportunity serving as Councilmember Russell's successor, as it is important that a woman's voice is continually and consistently represented. I understand the great responsibilities this position entails and I am confident that I am up to the task. I believe that I can provide the leadership, the direction and enthusiasm to lead the University District forward in a positive direction. REFERRED TO THE COMMITTEE OF THE WHOLE NO. 110 RESUME FOR UNIVERSITY DISTRICT SEAT - RASHEED N.C. WYATT Dear Mr. Chwalinski: Please accept this cover letter and resume as my significant interest in the position of Leadership as the University District Council Member. As a longtime resident of the University District I have heard many of the concerns of the District as it relates to crime, and the need for more job opportunities. I know my understanding of the community dynamic being a former President of the Newport News NAACP, and past President of the Buffalo Chapter of the National Association of Urban Bankers which gives me a great deal of insight as a community organizer to assess and lead to get results now! As a Senior Legislative Assistant and currently Chief of Staff as voted unanimously by the City of Buffalo Common Council for almost 3 years I understand how government works and how I can tap into resources to deliver results now as well as plan for future initiatives. Since returning back to Buffalo, I have enmeshed myself in attending many community meetings such as Buffalo Promise, University Heights Collaborative, various Block Clubs, "E District" Police Briefings, Business Associations, as well as one on one conversations with residents; So I am fully aware of some of the burning issues, and will work hard to make an avenue to hear more of the residents' concerns; even going as far as investigating opening a district office to provide convenience to further engage the residents to communicate with their District Council Member. As a former Banker managing a $1613illion Mortgage interface and Chief Financial Officer for a Community Health Center and President of a Credit Union my profession has demanded I deliver results. As University District Council Member I will utilize my unique skills as a business professional, and community advocate along with my understanding of City Government to deliver results in reducing crime and increasing job opportunities moving FORWARD.,. Making the University District a "Safe Place" to Live, Learn and Raise a Family. As University Council Member I will lead the charge by engaging the community to formulate and enact a strategic plan that will improve the quality of life; The University District will be on the move FORWARD recognizing our unique differences and needs, but speaking with one voice to get results now. I look forward to discussing this tremendous opportunity with the Common Council at their convenience. REFERRED TO THE COMMITTEE OF THE WHOLE NO. 111 RESUME FOR UNIVERSITY DISTRICT SEAT - CHRISTOPHER BECKER(FILED 01/16/2014) Dear Office of City Clerk and Buffalo Common Council: I am writing in hope of obtaining your endorsement for the recently vacated University District Common Council seat. You will find a copy of my current resume attached. I am sure you will be receiving quite a number of resumes for review, so I request that you take mine under serious consideration for a few of the reasons I have listed below. My wife and I have owned a home in the University district for more than a decade I am a lifelong Democrat, which will never change. I am an Iraq war veteran who is proud of his service, his country, and the Democratic Party I am the father of two children, one of whom is special needs I am married to a social worker I understand the challenges and benefits of living in the City of Buffalo Please understand that the only reason I am asking for your consideration is my love for the City of Buffalo, and the University District. I come in with no agenda other than serving the University District in the best way possible. I have very few political connections, nor am I riding another's coattail. I am told this makes me a long shot for the position, but I refuse to believe such things of this great city. If you have questions, please call me at 716- 816- 9415.1 look forward to hearing from you soon. REFERRED TO THE COMMITTEE OF THE WHOLE NO. 112 B. BOETIG -CITY HALL SECURITY Dear Ms. Paul: In response to your December 23, 2013 request to assist in the resolution concerning "City Hall Security" ( #72 C.C.P. December 23, 2013), the Buffalo Division of the Federal Bureau of Investigation (FBI) will proudly assist the City of Buffalo in this endeavor to the extent its authorities allow. I would be remiss if I did not underscore the outstanding relationship that exists between the FBI and the Buffalo Police Department (BPD) that already addresses threats to all potential targets in the city. Under Commissioner Daniel Derenda's leadership, BPD is at the forefront of threat identification and mitigation through BPD's participation on the Joint Terrorism Task Force and the Safe Streets Task Force. Both of these task forces seek to identify individuals or groups, based locally, throughout the county, and internationally with nefarious machinations toward targets around the world, including those in Buffalo. The FBI point of contact for this project will be Supervisory Special Agent James Jancewicz. REFERRED TO THE COUNSEL PRESIDENT NO. 113 BFLO WATER BOARD - MONTHLY WATER BD REPORT DECEMBER 2013 Item available for review in The City Clerk's Office RECEIVED AND FILED NO. 114 LP CIMINELLI -BOARD PACKET DOCUMENTS - JANUARY 2014 MEMORANDUM Deputy City Clerk Gerald Chwalinski Program Packaging and Development Services (PPDS) Provider January 7, 2014 Board Packet Documents Attached are the following documents from the Joint Schools Construction Board meeting scheduled on January 6, 2014: 1. Agenda 2. Meeting Minutes from JSCB Meeting dated December 2, 2013 3. Phase V Application and Certificate for Payment No. 49 - December 2013 4. Fully Executed Phase III Application and Certificate for Payment No. 62 - October 2013 5. Fully Executed Phase V Application and Certificate for Payment No. 47 - October 2013 6. Fully Executed Phase V Application and Certificate for Payment No. 48 - November 2013 7. Program Packaging and Development Services (PPDS) Provider Update 8. Inclusion Development Associates, Inc. Construction Contract Compliance Monitoring Monthly Report for Phase III Change Order #1 - November 2013 9. Bevlar & Associates Inc. Construction Contract Monitoring and Compliance Services Monthly Report for Addendum 1 Phase V Project - November 2013 10.Compliance & Administrative Services of New York Compliance Monthly Report for Phase V - November 2013 REFERRED TO THE SPECIAL COMMRTTEE ON EDUCATION NO. 116 H. JOHNSON - CONCERNS HIP -HOP CULTURE IMPACT ON AFRICAN AMERICAN STUDENTS Item available for Review in The City Clerk's Office REFERRED TO THE SPECIAL COMMITTEE OR EDUCATION NO. 116 K. MECCA- REQUEST FOR PUBLIC COMMENT DEADLINE EXTENSION, NY GATEWAY CONNECTIONS IMPROVEMENT PROJECT DRAFT ENVIRONMENTAL IMPACT STATEMENT Dear Mr. Streett, The Niagara Gateway Columbus Park Association, Prospect Hill Neighborhood Alliance, and Niagara at Vermont Street Block Club respectfully request that the New York State Department of Transportation ( NYSDOT) and the Federal Highway Administration (FHWA) extend the Draft Environmental Impact Statement (DEIS) public comment period for the NY Gateway Connections Improvement Project to the U.S. Peace Bridge Plaza from January 13, 2014 to February 28, 2014. We ask for your reply to this request by Friday. January 10. 2014. Collectively, our organizations represent a community of Environmental Justice as announced by the D.S. Environmental Protection Agency in December 2012. Pursuant to the National Environmental Policy Act of 1969 and the New York State Environmental Quality Review Act of 1975, the NYSDOT and FHWA have the authority to extend the deadline for public comment periods and have done so previously in other wealthier and less diverse communities under circumstances far less complicated than those surrounding this project. We ask the same courtesy for our community. Our request is based on the following: The 59 -day DEIS public comment period opened on November 15, 2013. In the time since, those in our diverse community have celebrated numerous national and religious holidays at home and with friends and family residing out of town. In addition, severe winter weather gave way to multiple States of Emergency and Disaster Declarations for Buffalo, as issued by Governor Andrew Cuomo. Consequently, we saw the closure of schools, government offices, businesses, religious institutions, roadways, and the public transportation system. Attending to children off from school and other personal and family needs during this busy time made it difficult or impossible for many residents to read through the 2,083 -page DEIS and provide adequate comment, especially for such a significant project. • The first and only public hearing for the DEIS was held on December 18, 2013, 33 days after the NYSDOT and FHWA released the document for public review. For the majority in our community, this was the first time they would have had an opportunity to learn about the findings of the DEIS, but with it being so close to Christmas and in the middle of the nine -day celebration of Las Posadas, many were unable to attend. This is a critical matter for many reasons, including the fact that literacy rates are low in our community and many rely on verbal communication to understand such complex matters as those documented in the DEIS. • Under the circumstances, the average adult living in our poor, minority community cannot possibly be expected to read, interpret, and respond to the 2,083 pages of complex, detailed analysis contained in the DEIS. We have a 47% poverty rate, 69% are minority, 83% of adults are without a college degree, and over I, SOO immigrant residents have no English or Spanish language proficiency. Despite the language barrier, the NYSDOT and FHWA have only issued project materials in English and Spanish, excluding 10% of the local population from accessing project materials. The asthma rate among children and adults living nearest the project site is four times the national average, which multiple peer reviewed university medical studies tie directly to diesel exhaust emitted by commercial truck traffic crossing the Peace Bridge, thus elevating the significance of the NY Gateway Connections Improvement Project, which alters only traffic patterns at a cost of $28 million and provides for no air quality improvements. It has been widely reported by local media that there exists significant public controversy over the NY Gateway Connections Improvement Project and the integrity of the environmental review process being administered by the NYSDOT and FHWA. Many citizens of Buffalo and prominent community 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. In light of this, it would be an incomprehensible breech of the public trust for the NYSDOT and FHWA to deny this reasonable request to extend the DEIS public comment period. It is only right for all persons to be allowed sufficient time to analyze and contribute to this environmental review process. Their contributions and the NYSDOT and FHWA's responses stand only to strengthen the integrity of this initiative. Denying adequate time for our community to review project materials and respond appropriately under the 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. We beg the compassion of NYSDOT and FHWA personnel to extend the public comment period for the NY Gateway Connections Improvement Project to the U.S. Peace Bridge Plaza for an additional 45 days, through February 28, 2014. We kindly ask that you also further publicize the deadline extension and the availability of project materials in print and electronic form. Finally, we ask that you perform outreach to the 1,500 people in our community who have no English or Spanish proficiency and therefore cannot currently interpret any of the DEIS materials, which have been distributed in English and Spanish only. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 117 J. MILBRAND- APPEAL OF PRESERVATION BOARD DECISION PERTAINING TO 130 SOUTH PARK Dear Council President Pridgen: Please accept this letter as our formal appeal of the decision issued by the Buffalo Preservation Board on January 2, 2014 and the resulting Certificate of Appropriateness issued January 13, 2014 - both regarding the proposed addition at 130 South Park Ave. I am enclosing a copy of the Board meeting minutes (Exhibit "A ") and the Certificate of Appropriateness (Exhibit "B "), along with pictures that will give you a better understanding of the situation and our appeal. This appeal stems from the conflicting approvals of the Buffalo Planning Board and the Buffalo Preservation Board. Simply put, the Preservation Board has exceeded their authority and placed an improper restriction on an otherwise appropriate Planning Board approval. On September 24, 2013 the Planning Board approved the expansion plans for 130 South Park Avenue by accepting the negative declaration and approving the plans as submitted (Exhibit "C "). The plans for the expansion of 130 South Park as submitted call for the construction of the proposed addition up to the property line with 26 Mississippi St., with a zero setback. Unfortunately, the Buffalo Preservation Board, at their September 19 and October 3, 2013 meetings, approved the addition but required a six -foot setback from the building located at 26 Mississippi Street. On January 2, 2014, at the direction of Assistant Corporation Counsel, the Preservation Board reconsidered their decision to impose a six -foot setback (See Exhibit "A "). Unfortunately, the Preservation Board did not follow the direction of the Assistant Corporation Counsel and chose to keep the requirement of a six -foot setback. The attached pictures are offered to give some perspective of the area and the buildings at issue. Exhibit "D" is an aerial view of the area that shows the full perspective of the proposed addition, setback area and associated properties. Similarly, Exhibit "E" is a view from South Park Ave. that shows the relationship of the buildings. Exhibit "F" offers a clear view of the area where the addition is proposed and Exhibit "G" is a picture of 26 Mississippi before its renovation. As you can see in exhibit G, there were no windows present in the rear portion of 26 Mississippi prior to its renovation. I draw your attention to this fact because these windows are currently in violation of the city's fire code and, if the proposed addition to 130 South Park is approved, the windows will need to be modified or removed. I also direct your attention to these facts because I believe the Preservation Board has improperly attempted to settle a dispute between the owners of 26 Mississippi St. and the owners of 130 South Park Ave. by imposing an unauthorized setback. Initially, the owner of 26 Mississippi St. had submitted a request and attended the Planning Board meeting - asking for a 25 foot setback. That request was completely denied. He had also asked for the setback at the Preservation Board meeting, which is now the subject of our appeal. The owners of 130 South Park have been attempting to undertake this expansion since last spring. They propose to invest approximately $1 million and add 30 - 40 new jobs to their long- standing establishment. Cobblestone (130 South Park) was the original service business in that district, has survived for 15 years, has outlasted two (2) NHL strikes and outlived numerous other similar businesses in the area. Unfortunately, they are now being met with roadblocks from the Preservation Board. We are asking the Common Council to recognize that the Preservation Board has exceeded their authority and is imposing an improper and undue hardship on the owners that are seeking to expand their business in our great city. The proposed addition has been approved by the Preservation Board with regard to the construction materials and design. Specifically, the addition has been planned to complement the historically significant buildings in the district. The owners have honored each and every request made by the preservation board, with the exception of giving up 6 feet of their property. Arguably, the preservation Board may have authority to require a setback if it affects the view of a historical building from a public thoroughfare. As you can see from the pictures, the view from South Park Ave. does not change if the addition is built to the zero property line or with a six -foot setback. Either way, the rear portion of 26 Mississippi St., and the improperly installed windows, will not be viewable from South Park Avenue. The requirement of a setback will only impact the view from those windows, not of those windows. Consequently, in the event that the Preservation Board was attempting to protect the historic nature of the area and the buildings, their arbitrary and capricious requirement of a 6 -foot setback does nothing to accomplish those goals. It is obvious that they are attempting to appease the request of a vocal neighbor. Understanding that the Corporation Counsel for the City of Buffalo has already directed the Preservation Board to remove the six -foot setback requirement and the preservation Board has refused to do so, we now submit this issue to the Buffalo Common Council as the initial avenue of appeal offered to and aggrieved applicant. I remain available to discuss the details of this appeal at your convenience and look forward to the Council's scheduling of a public hearing on this matter. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 118 J. MONTOUR- DORMITORY AUTHORITY -NYC URBAN PLANNING AND BRIDGE AUTHORITIES A variety of factors are impacting the Dormitory Authority's business model, including the growing role of Local Development Corporations (LDCs) in providing low -cost financing and the diminishing need for construction services from some large hospital and university customers . To adapt to these changes, the Dormitory Authority may need to consider a range of alternatives, including modifying its services and fee structure and potentially combining certain functions with other State entities, such as ESDC, to better leverage financing, construction and development resources. NYC Urban Planning and Development Authorities The State has four separate entities that perform similar functions related to urban planning and economic development in New York City. These include the Battery Park City Authority (BPCA), Hudson River Park Trust (HRPT), Roosevelt Island Operating Corporation (RIOC), and the Javits Center. Two of these are mature operating entities (BPCA, RIOC), while the other two are likely to have future development needs (HRPT, Javits Center). The State's role and objectives for each should be further examined. This review should include analyzing how best to leverage each entity's bonding capacity and development resources as well as combining similar functions to streamline operations and reduce costs. Buffalo and Ft. Erie Public Bridge Authority and the Niagara Falls Bridge Commission Two separate international compact entities exist to administer the four vehicular bridges spanning the 36 -mile Niagara River. The Buffalo and Ft. Erie Public Bridge Authority (commonly known as the Peace Bridge Authority) operates the Peace Bridge, while the Niagara Falls Bridge Commission operates the Rainbow, Whirlpool and Lewiston - Queenston Bridges. The two entities exist separately more because of their separate historical development than any organizational or operational logic. The two entities already cooperate to some extent, but could benefit from a unified management structure. One challenge here is that both entities exist not simply under New York State law, bat also under federal and Canadian law. Nonetheless, strategies to achieve efficiencies through a merger of these entities should be further reviewed. 5. The 2012 Annual Report of the Authority Budget Office identifies a range of issues involving LDCs, including the competitive advantage that LDCs enjoy by not being subject to state fees that the Dormitory Authority and local industrial development authorities must pay. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 119 B. RUSSELL - LETTER OF RESIGNATION January 7, 2014 Gerald Chwalinski, City Clerk Room 1308, City Hall 65 Niagara Square Buffalo, NY 14202 Dear Mr. Chwalinski: Effective Wednesday, January 8, 2014, 1 will be resigning my position as Councilmember for the University District in the City of Buffalo. It has been a wonderful opportunity working with my fellow colleagues on the Buffalo Common Council as well as the City Clerk's office and Council Staff. I look forward to my future endeavor and I wish you the best. Yours truly, Bonnie E. Russell RECEIVED AND FILED PETITIONS NO. 120 G BUCCOLERI, AGENT, USE 2272 GENESEE, FOR RESTAURANT TAKE -OUT TO AN EXISTING GROCERY STORE(HRG 1/28/14)(LOV) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 121 M. MIRANDA, OWNER, USE 3144 MAIN ST TO RE -OPEN AN EXISTING BAR/RESTAURANT (HRG 1/28/14)(UNIV) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD REGULAR COMMITTEES CIVIL SERVICE (CHAIRPERSON) NO. 122 APPOINT MOTOR EQUIPMENT MAINTENANCE SUPERV I(TEMP)(INTER)(HERBERT)(PW) (CCP# 6,14-01/07) Mr. Smith moved: That Communication 6 of January 7, 2014, be received and Filed and that the Temporary appointment of Michael Herbert, 45 Good Avenue, Buffalo, NY 14220, at the Intermediate Salary of $40,020.00 is hereby approved PASSED AYES -7 NOES -0 NO. 123 APPOINT BUILDING INSPECTOR(PERM)(FIFTH STEP)(WHITE)(EDPI) (COP# 8,14-01/07) Mr. Smith moved: That Communication 8 of January 7, 2014, be received and Filed and that the Permanent appointment of Angela White, 262 Dewey Avenue, Buffalo, NY 14214, at the fifth step of $55,507.00 is hereby approved PASSED AYES- 7 NOES- 0 NO. 124 NOTICES OF APPOINTMENTS - TEMP /PROV /PERM CCP# 3, 14 -0107 Mr. Smith moved: That the above item be the same and hereby is Received and Filed ADOPTED FINANCE (RICHARD A. FONTANA CHAIRMAN) NO. 125 COMPREHENSIVE ANNUAL REPORT -FY 06/30/2013(COMPT) CCP# 1, 14 -0107 Mr. Fontana moved: That the above item be the same and hereby'is Received and Filed ADOPTED NO. 126 PERMISSION TO UTILIZE NEW "COOPERATIVE PURCHASING LAW" EXCEPTION TO COMPETITIVE BIDDING (ADMIN AND FINANCE) (ITEM NO. 9, C.C.P., JAN. 7, 2014) Mr. Fontana 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 use, by the Department of Administration, Finance, Policy and Urban Affairs, Purchase Division, of General Municipal Law §103, subd. 16 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 agreement at the lowest cost to the City of Buffalo, in accordance with the statute. PASSED AYES 7, NOES 0 COMMUNITY DEVELOPMENT (JOSEPH GOLOMBEK, JR., CHAIRMAN) NO. 127 C. WALKER- UPDATE REGARDING SENECA BUFFALO CREEK CASINO (C.C.P #14 -18, JAN 7) Mr. Golombek now moves that the above item be Received and Filed. ADOPTED NO. 128 WATERFRONT VILLAGE ADVISORY - CONCERNS SPECIAL EVENTS HELD WITHIN WATERFRONT AREA (C.C.P. #14 -19, JAN 7) Mr. Golombek now moves that the item be Tabled in the Committee on Community Development ADOPTED NO. 129 EXTENDING THE PUBLIC COMMENT PERIOD OF THE DRAFT ENVIRONMENTAL IMPACT STATEMENT FOR THE NY GATEWAY CONNECTIONS IMPROVEMENT PROJECT (ITEM NO. 37, C.C.P., JAN. 7, 2014) Mr. Golombek moved: That the above item be and the same hereby is, returned to the Common Council with a recommendation for adoption: That the Common Council hereby 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 additions forty -five (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 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 New York State Department of Transportation; Associate Director of NEPA Oversight Horst G. Greczmiel Enck of the U.S. Environmental Protection Agency. ADOPTED NO. 130 REQ INVESTIGATION BY WHITE HOUSE COUNCIL INTO ENVIRONMENTAL REVIEW PROCESSES UNDERTAKEN FOR PEACE BRIDGE RELATED PROJECTS(GOLOMBEK) (C.C.P. 14 -3, JAN 7) 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. 131 REPORT OF SAIE- 130 HAWLEY, 132 HAWLEY AND 134 HAWLEY (NORTH)(STRAT PLAN) (ITEM NO. 27, C.C.P., JAN.7, 2014) Mr. Golombek moved: That the above item be, and the same hereby is, returned to the Common Council without recommendation; That the offer from James Toolen, LLC, 1131 Delaware Avenue, Buffalo, New York 14209, in the amount of Twelve Thousand Dollars ($12,000.00) for the purchase of 130 Hawley, 132 Hawley and 134 Hawley, 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 7, NOES 0 NO. 132 D. SMITH - ARTICLE OHIO CITY ATTRACTS PLAUDITS FOR TACKLING FORECLOSURE BLIGHT (C.C.P #74, SEPT 3) Mr. Golombek now moves that the above item be Received and Filed. raz.�ira. NO. 133 D. PRIDGEN- ARTICLE RE ICE HOCKEY AT SOLDIER FIELD - EXPANDED USE OF STADIUM (C.C.P #58, FEB 19) Mr. Golombek now moves that the above item be Received and Filed. ADOPTED NO. 134 E. HAMMER - CANISUS COLLEGE STUDENT PEDESTRIAN SAFETY PROTECTION PLAN (C.C.P #41, OCT 2) Mr. Golombek now moves that the above item be Received and Filed. ADOPTED LEGISLATION (CHRISTOPHER P. SCANLON, CHAIRMAN) NO. 135 J. LUI, OWNER, TO USE 582 GRANT - CHANGE USE FROM ICE CREAM SHOP TO SIT -IN RESTAURANT AND FOOD STORE WITH SIDEWALK CAFE (NORTH)(DPIS) (ITEM NO. 20, C.C.P., JAN. 7, 2014) 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 J. Lui, Owner of use 582 Grant to change use from an ice cream shop to a sit -in restaurant and food store with a sidewalk card to the front and right sides of the building. PASSED AYES 7, NOES 0 NO. 136 REPORT OF SALE - 3074 BAILEY (MASTEN)(STRAT PLAN) (ITEM NO. 63, C.C.P., DEC. 23, 2013) Mr. Scanlon moved: That the above item be, and the same hereby is, returned to the Common Council without recommendation; That the offer from William Paladino, on behalf of JP Group, LLC, 295 Main Street, Buffalo, New York 14203, in the amount of Three Hundred Dollars ($300.00) for the purchase of 3074 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 7, NOES 0 RESOLUTION NO. 137 BY: COUNCILMEMBER FONTANA & COUNCILMEMBER SCANLON APPLY FEES, FINES, AND PENALTIES DIRECTLY TO CITY OF BUFFALO PROPERTY TAX BILL Whereas: Various entities within the City of Buffalo including the Common Council, Buffalo Police Department, and Department of Permit and Inspections Services are locked in a daily battle against slum, blight, and deterioration in Buffalo's neighborhoods; and Whereas: One of the root causes of these afflictions is the chronic neglect and distress of properties by irresponsible, predatory, and profit- driven property owners; and Whereas: Absentee property owners, many of whom reside far outside of the City of Buffalo, the State of New York, and even the United States of America comprise some of the most serious offenders of this category, by providing safe havens for drug and criminal elements and proliferating the deterioration of housing stock; and Whereas: Individuals and corporate entities whose properties are in violation of the City of Buffalo Charter and Code face fines, penalties, and may be brought before the Buffalo Housing Court for failure to maintain their properties per acceptable community standards; and Whereas: This method of penalizing offending property owners becomes ineffective against absentees in that a vast majority of them reside outside of the jurisdictional limitations of City authorities and the Buffalo Housing Court; and Whereas: As it stands, a property owner can accumulate an infinite amount of property code violations and housing court fines without any serious recourse or risk of losing rights to the property as long as they remain outside of the jurisdiction of City authorities and pay their property taxes; and Whereas: This "loophole" incentivizes these neglectful and predatory ownership practices, as absentee owners can conduct highly profitable business in this manner without any real consequences, eventually bleeding a property and the surrounding community dry before moving on to the next; and Whereas: These jurisdictional limitations and the ensuing loopholes may be addressed by applying any outstanding delinquent fines, penalties, and fees levied by the City of Buffalo directly to the property tax bill, effectively forcing the owner to pay said penalties or face risk of foreclosure; and Whereas: In the long term, this change will de- incentivize predatory ownership practices by drastically reducing the potential for profitability through avoidance of proper maintenance costs and payment of fines and penalties. Now, Therefore, Be It Resolved: The Common Council hereby requests the Department of Law to draft an ordinance amendment to the City of Buffalo Charter and Code to read as such: Any unpaid fees, fines or penalties levied against property„ or owner(s) thereof, within the City of Buffalo that are owed to the City of Buffalo for the violation of any or all City laws, ordinances and promulgations, and of all state laws, shall be and remain a lien against the property, and such fees, fines or penalties shall be collected by the City from the owner(s) of such property in the same manner as taxes are collected, in that such fees, fines or penalties shall be added to the property tax bill of the subject property, and the City may institute an action at law against such owner(s) to recover the cost thereof. REFERRED TO THE COMMITTEE ON LEGISLATION NO. 138 BY: COUNCILMEMBER FONTANA & COUNCILMEMBER SCANLON HOLD INDEPENDENT IN REM AUCTION FOR DEMOLITION - SLATED PROPERTIES Whereas: Each year the In Rem 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 Rem 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. 139 BY: MR. FONTANA WAIVER OF ROOM USAGE FEES FOR THE KAISERTOWN COALITION BLOCK CLUB 2014 MEETINGS Whereas: Block clubs are immeasurably beneficial to the various communities throughout the City of Buffalo; and Whereas: Block clubs serve as a way for neighbors to communicate with both one another and their elected representatives in order to address problems and formulate plans for maintenance and improvement of the community; and Whereas: The Kaisertown Coalition Block Club serves the residents of the Kaisertown community in the Lovejoy District; and Whereas: Block clubs are comprised of all volunteer members and are self - reliant for means of funding. Now, Therefore, Be It Resolved: That the Common Council hereby requests the Department of Public Works waive any and all fees associated with the usage of the Machnica Center community meeting room for the Kaisertown Coalition Block Club for the 2014 year. Be It Further Resolved: A copy of this Resolution be forwarded to Ms. Arlene Mustafa in the Department of Public Works, Division of Parks. PASSED AYES 7, NOES 0 NO. 140 BY: MR. GOLOMBEK WAIVE PLANNING BOARD FEES, PRESERVATION BOARD FEES AND BUILDING PERMIT FEES ASSOCIATED WITH BUFFALO OLMSTED PARKS CONSERVANCY PROJECTS AT BUFFALO CITY PARKS AND PARKWAYS Whereas: The Buffalo Olmsted Parks Conservancy is a not - for - profit, independent, community organization that promotes, preserves, restores, enhances and ensures maintenance of Buffalo's Olmsted Parks and Parkways for current and future generations; and Whereas: More than 1 million people use Buffalo's historic, award - winning Olmsted Park System parks, parkways and green spaces for recreation, relaxation and rejuvenation; and Whereas: In 2008, the Olmsted Parks Conservancy adopted the Plan for the 21 sc Century, a comprehensive blueprint to restore the parks to Olmsted's original vision while expanding and completing the park system as originally conceived. The plan calls for reinvestment in the parks over time with 300 capital projects providing new investment in Buffalo's historic parks and parkways; and Whereas: The City of Buffalo, and the Common Council, supports the Buffalo Olmsted Parks Conservancy and their commitment to maintaining and improving the City of Buffalo's Parks and Parkway System; Now, Therefore be it Resolved: That the Common Council commends the Buffalo Olmsted Parks Conservancy for their dedication and devotion to the City of Buffalo Parks and Parkways; and Now, Therefore be it Resolved: That the Common Council does hereby approve waiving all fees for the Buffalo Olmsted Parks Conservancy associated with park projects and improvements at City of Buffalo Parks and Parkways; and Be it Further Resolved: That copies of this resolution be sent to the Buffalo Olmsted Parks Conservancy, Department of Public Works, Parks & streets, Department of Permits and Inspection Services, City Planning Board, Buffalo Preservation Board and the Corporation Counsel. RECEIVED AND FILLED NO. 141 SPONSOR: COUNCIL PRESIDENT PRIDGEN NEW COUNCIL MEMBER TRAINING DATE: JANUARY 15, 2014 WHEREAS, The importance of training for New Council Members is essential to ensure that the new legislator is able to perform his /her duties accordingly; and WHEREAS, The City of Buffalo has a policy handbook for all its employees, volunteers, interns and vendors or any persons to recognize and be aware of processes and procedures in the workplace; and WHEREAS, A New Council Member who may not be familiar with the government protocols would benefit immensely from an orientation /training; and NOW, THEREFORE BE IT RESOLVED, Due to the intense nature of the role of a legislator, the Council President or his /her designee will provide orientation within 72 hours after the New Council Member has taken the oath of office, The orientation should include but not limited to the following areas; Human Resources procedures, Time Attendance, Council Rules /Procedures, City Charter Overview, Sexual Harassment Prevention, Committee Functions, Proclamation /Resolution Standards, Discretionary Fund Rules and other information pertaining to the position. NOW, THEREFORE BE IT FINALLY RESOLVED, That this resolution be forwarded to the Common Council Rules Committee for consideration as a role for the Common Council. REFERRED TO THE RULES COMMITTEE NO. 142 SPONSOR: COUNCIL PRESIDENT PRIDGEN SEXUAL HARASSMENT PREVENTION TRAINING WHEREAS, The importance of sexual harassment prevention training would serve to enhance all aspects of city employees knowledge and understanding of appropriate behavior and interactions in the workplace; and WHEREAS, The City of Buffalo has a harassment policy within the employee handbook, that encompasses detailed explanation of procedures for all its employees, volunteers, interns and vendors or any persons to help recognize and be aware of harassment in the workplace; and WHEREAS, The Common Council is committed to maintaining a work environment free of unlawful discrimination, harassment and sexual harassment; The Council prohibits, along with all applicable laws, all forms of harassment which include any unwelcome conduct, whether verbal, physical or visual that is based upon a person's gender, gender identity or expression, race, color, national origin, ancestry, religion, creed, physical or mental disability, marital status, sexual orientation, age or any other basis protected by federal, state, or local law. NOW, THEREFORE BE IT RESOLVED, That the Buffalo Common Council requests that the Department of Human Resources provide the Common Council and supervisors with Sexual Harassment Prevention training no later than February 28, 2014. NOW, THEREFORE BE IT FINALLY RESOLVED, That this resolution be forwarded to the Common Council Rules Committee for consideration and Human Resources. ADOPTED NO. 143 BY: MR. DARIUS G. PRIDGEN, ELLICOTT DISTRICT COUNCIL MEMBER PROJECT SLUMLORD DATE: JANUARY 14, 2014 Whereas: Project Slumlord is a grass roots initiative that connects neighborhood residents with city officials for the purpose of finding effective and timely ways to bring nuisance, blighted and vacant properties into compliance with city codes; and Whereas: The increase in crime, noise, trash, and vandalism that lack of responsible stewardship brings to neighborhoods results in diminished quality of life for residents and decreased property values for homeowners; and Whereas: Negligent property owners create excessive demands on city resources with frequent 311 calls, 911 calls, police runs, fire runs, the boarding of buildings, and repeat citations by building inspectors, repeat appearances in housing court; and Whereas: The City of Buffalo needs to improve its processes for collecting any fines or fees that may be imposed by building inspectors or housing court; and Whereas: Project Slumlord organized three public meetings between June and November of 2013, with a total attendance exceeding 100 and including concerned citizens, elected officials, city departments, community police, and housing court; and These public meetings established a dialog between residents and city officials, and consensus has emerged around two proposed solutions: 1. To make unpaid fines for property code violations a lien on the property, due with the tax bill, with fines that remain unpaid resulting in property being auctioned at InRem. 2. To establish a category of off - premise, not -in- proximity landlords and to regulate this category as a business with an escalating fine and fee structure. Now, therefore be it resolved." That the Buffalo Common Council supports the ongoing work of Project Slumlord in its efforts to bring properties owned by irresponsible landlords into compliance with city codes; and Be it further resolved." That the common council supports the recommendation of Project Slumlord to establish a business category for off - premise, not in proximity landlords who own multiple rental units, with an escalating fine and fee structure for such businesses when they are in violation of city codes and ordinances; and Be it further resolved: That the Common Council supports the recommendation of Project Slumlord to make fines and fees for property code violations a lien against the property, collectible with the tax bill, with unpaid fines resulting in the property being placed on the InRem list for auction. ADOPTED NO. 144 BY: COMMON COUNCIL PRESIDENT AND ELLICOTT DISTRICT COUNCIL MEMBER DARIUS G. PRIDGEN RE: REQUEST THE DEPARTMENT OF PUBLIC WORKS TO ASSIGN A PAID STAFF PERSON TO ACT AS A LIAISON BETWEEN THE OFFICE OF TELECOMMUNICATIONS AND THE APOLLO THEATER Whereas: The Apollo Theater first opened as a movie theater in 1941. For many years, the 900 seat theater provided countless hours of entertainment, and was a hub of activity on the Jefferson Avenue commercial strip. The theater stopped showing movies when a fire caused extensive damage in 1966. It was subsequently used for community gatherings and other various activities, until it was abandoned in the late 1980's and taken over by the City of Buffalo; and Whereas: Ultimately, it was decided that the Apollo should be converted into a telecommunications facility, primarily to provide state -of- the -art facilities for Public, Educational and Governmental Access; and Whereas: The City reconstructed the facility to accommodate TV production and broadcast capabilities. The result is an 1800 square foot facility that contains two TV studios, four private editing suites, a conference room, a classroom and other amenities; and Whereas: With Government transparency being the call of the day, the Common Council looks to provide programming via public and government access as it offers residents insight, as it relates to government deliberations in decision making. Now, Therefore Be It Resolved: That the Common Council hereby requests that the Department of Public Works assigns a paid employee to act as a liaison between the Apollo Media Center and the office of Telecommunications; and Be It Further Resolved: That a copy of this Resolution be sent to the Department of Public Works, the office of Telecommunications and the Independent Producers Alliance Inc. ADOPTED BY: MR. SMITH NO. 146 COUNCIL MEMBER LOCURTO EXCUSED FROM COUNCIL MEETING RESOLVED: That Council Member Michael J. LoCurto, be and hereby is excused from attendance at the Common Council Meeting of January 21, 2014. ADOPTED. NO. 146 BY MR. SMITH FELICITATIONS /IN MEMORIAM Attached hereto are Felicitation and In Memoriam Resolutions sponsored by Members of the Common Council as indicated: Felicitation for In Memoriam for Gail "Homer" Prange By Councilmember Fontana, Franczyk. Golombek Jr, LoCurto, Pridgen, Rivera, Scanlon, Smith, City Clerk Chwalinski, Deputy City Clerk Baldwin, Deputy City Clerk Castro ADOPTED 01WNE,VA BY: DEMONE A SMITH APPOINTMENTS COMMISSIONERS OF DEEDS REQUIRED FOR THE PROPER PERFORMANCE OF PUBLIC DUTIES That the following person(s) are hereby appointed as Commissioner of Deeds for the term ending December 31,2014, conditional upon the persons so appointed certifying under oath to their qualifications and filing same with the City of Buffalo. Edward D. Hughes Ramon J. Suarez, Sr. Total: 2 ADOPTED BY: DEMONE A SMITH NO. 148 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. Nicole LaFollette TOTAL:1 ADOPTED NO. 149 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 28, 2014 at 9:45 o'clock A.M. Committee On Finance following Civil Service Tuesday, January 28, 2014 at 10:00 o'clock A.M. Committee on Comm. Dev. Tuesday, January 28, 2014 at 1:00 o'clock P.M. Committee on Legislation Tuesday, January 28, 2014 at 2:00 o'clock P.M. Special Committees Committee of the Whole Wednesday, January 22, 2014 at 1:00 o'clock P.M. Committee on Claims Wednesday, January 29, 2014 at 11:00 o'clock A.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. 150 ADJOURNMENT On a motion by Mr. Smith, Seconded by Mr. Franczyk, Council adjourned at 2:50 PM GERALD A. CHWALINSKI CITY CLERK