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HomeMy WebLinkAbout14-0304NO. 5 PROCEEDINGS OF THE CITY OF BUFFALO MARCH 4, 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 RASHEED N.C. WYATT- UNIVERSITY CHRISTOPHER P. SCANLON -SOUTH REGULAR COMMITTEES CIVIL SERVICE COMMITTEE: Rasheed N.C. Wyatt - Chairman, Richard A. Fontana, David A. Rivera, Demone A. Smith- Members CLAIMS COMMITTEE: David A. Rivera Chairman, Joseph Golombek, Jr., Michael J. LoCurto, Rasheed N.C. Wyatt - Members COMMUNITY DEVELOPMENT COMMITTEE: Joseph Golombek, Jr., Michael J. LoCurto, David A. Rivera, -, Christopher P. Scanlon, Rasheed N.C. Wyatt - Members FINANCE COMMITTEE: Richard A. Fontana, Chairman, Michael J. LoCurto, David A. Rivera, , Demone A. Smith, Rasheed N.C. Wyatt- 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, Rasheed N.C. Wyatt- Members MINORITY BUSINESS ENTERPRISE COMMITTEE: Demone Smith Chairman, Joseph Golombek Jr., David A. Rivera, Rasheed N.C. Wyatt — 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 March 4, 2014 FINAL MAYOR MAYOR - EXECUTIVE 434- 1. Strat Plan- Amendment to the 2013 -14 Annual Action Plan for CDBG & ESG APP 435- 2. Strat Plan- Approval to Contract for New Americans Study APP 436- 3. Strat Plan- Approve Release of Restriction on Part of Premises Located at 502- 37. 174 Whitney(Ell) APP COMPTROLLER 503- 437- 4. Second Quarter Gap Sheet - 2013 -14 FIN COUNCIL PRESIDENT 504- 438- 5. Appointments to the Slumlord Subcommittee for COB R &F 439- 6. Concerns - Markings on New Police Cars R &F 440- 6A Common Council Payroll Function Policy ADOPT PUBLIC WORKS Pridgen 441- 7. Permission to Engage Services- Consulting Engineer for Satellite Chlorination Stations and Chlorine Residual Optimization APP 442- 8. Permission to Enter into Agmt for Coop in Construction - Darwin Martin House(Del) - APP 443- 9. Permission to Hire Consultant for Hazardous & Universal Waste Mngt Prog APP 444- 10. Report of Bids -City Wide Parks Imp -Play Court Rehab APP 445- 11. Request for Approval - Apollo Media Center -TV Set Construction APP 446- 11A. Request for Approval for Hatch Rest Facility Operator Agmt Btwn COB and Riverfront on the Niagara FIN POLICE 447- 12. Drug Asset Forfeiture Wire Transfers R &F PERMITS AND INSPECTIONS 448- 13. 2014 Food Store License Renewals "Amended" LEG 449- 14. Food Store License(New) -140 Abbott(Lov) APP W /COND 450- 15. Food Store License(New) -414 E. Amherst(Univ) LEG 451- 16. Food Store License(New) -364 Eggert(Univ) LEG 452- 17. Food Store License(New) -468 Niagara(Ell) LEG 453- 18. Food Store License(New) -1531 Niagara(Nia) APP 454- 19. Food Store License(New) -983 Tonawanda(North) APP 455- 20. Mobile Food Truck -Betty Crockski, LLC LEG BURA 456- 21. Approval of Contract for Sale of Land -1556 Main St(Ell) CD CITY CLERK 457- 22. Board of Ethics Meeting Minutes - January 28, 2014 R &F 458- 23. Liquor License Applications R &F 459- 24. Leaves of Absence R &F 460- 25. Reports of Attendance R &F 461- 26. Appoint Legislative Assistant(Lewis)(Unvi) ADOPT 462- 27. Notices of Appointment - Seasonal R &F 463- 28. Notices of Appointments- Temp /Prov /Perm CS MISCELLANEOUS 464- 29. Bflo Wtr Bd- Monthly Water Board Report - January 2014 R &F 465- 30. D. Franczyk -Bflo PBA Investigate Potential of Acquiring Brick & Mortar Space CD,POL,RE 466- 31. GBNRTC- Bridge Maintenance R &F 467- 31AA D. Rivera -Open Bflo Alarming Disparities -The Disproportionate Number Of African American /Hispanic -EC Criminal Justice System CD 468- 31A. C. Scanlon - Article- Skyway one of 10 Freeways Without Features CD 469- 32. D. Smith - Proposed PACE Workshop CD PETITIONS 470- 33. C. Christopher, Agent, Use 2042 Niagara, To Convert Storage/Warehouse to an Auto Repair Shop in Niagara River Coastal Spec Review(hrg 3 /11)(North) LEG,CPBD 471- 34. A. Abbas, Owner, Use 459 Elmwood aka 467 Elmwood for a Hookah Lounge In the Elmwood Ave. Special Zoning District(hrg 3 /11)(Nia) LEG,CPBD 472- 35. C. McCaffrey, Agent, Use 2611 Delaware for a Full -Use LED Ground Sign (no hrg)(Del) LEG,CPBD,ZONING RESOLUTIONS 501- 36. Fontana Fee Waiver for Head East Cabin Fever Ides of March Comm Day APP 502- 37. Franczyk Pothole Plan CD,PW 503- 38. Golombek Public Financing for City of Buffalo Elections LEG 504- 38A Golombek Waive Fees -Club 49 Annual Easter Egg Hunt APP 505- 39. Pridgen Set Public Hearing -1556 Main(Ell) ADOPT 506- 40. Pridgen LDA -1556 Main St IRR Supply Centers(hrg 03/18) CD 507- 40AA. Scanlon Disch Leg Item #13 -65 ccp 12/23/13 Food Feb 18 Request App Erie Basin Marina Recreational & Nautical Operations 9. Store License 2756 Bailey ADOPT D/C APP W /COND 508- 40A. Scanlon Waive Event Fees for 2 Annual Bully Free 5k APP 509- 40B. Scanlon Waive Event Fees for Our Lady of Charity Feast of the Assumption 478- 6. 13 -107 Res Mass and Ice Cream Social APP 510- 40C. Scanlon Waive Special Event Permit Fee for 2014 St. Patrick's Day Parade APP 511- 41 Smith Condemnation of 1507 Jefferson Ave ADOPT 512- 42. Smith, etc ECDOH -Lead Inspections ADOPT 513- 43. Smith Support for Raising the Age of Criminal Responsibility in NYS ADOPT 514- 43A. Smith Waive Park Rental and Event Fees for Masten Distr Annual Easter River Coastal Review District(Nia)(No Hrg) APP Egg Hunt at MLK Jr. Pk APP 515- 43B. Smith Waive Pk Rental and Spec Event Fees for the 9 Annual City Code(Exc Res) HOUSING School #87 Reunion APP 516- 43C Smith Council Member Golombek Excused from Council Meeting ADOPT 517- 44. Wyatt Appointment of Monica Lewis Legislative Assistant ADOPT 518- 45. Wyatt Establishment of Buffalo Youth Promise Act ADOPT RES'S REM TO LEG 519- 46. Wyatt Felicitations in Memoriam ADOPT 520- 47. Wyatt Comm of Deeds - Public Duties ADOPT 521- 48. Wyatt Comm of Deeds ADOPT SUBMISSION LIST OF COMMITTEE ITEMS FOR THE COUNCIL MEETINGS CIVIL SERVICE 473- 1. 14 -307 Com Feb 18 Appoint Asst Corporation Counsel I(Temp)(Howard)(CC) APP 474- 2. 14 -317 Com Feb 18 Appoint Laborer II (Temp)(Inter)(Hensley)(CtyClk) APP 475- 3. 14 -320 Com Feb 18 Notices of Appointments- Temp /Prov /Perm(CtyClk) R &F FINANCE 476- 4. 14 -305 Com Feb 18 Request App Erie Basin Marina Recreational & Nautical Operations 9. 14 -287 Com Feb 18 482- Agmnt COB and Smith Boys, Inc.(PW) APP AS AMENDED 477- 5. 14 -423 Res Feb 18 Ordinance Amend Ch #495 -34 Slip Rental Erie Basin Mari na(Franczyk ) 478- 6. 13 -107 Res Nov 26 Exploring Participatory Budgeting in the COB(Scanlon) ADOPT 479- 7. 10 -98 Res July 20 Req City Comptroller's Office Audit the Management of The 24. 13 -62 No APP Food Store License(New) 243 Walden(Fill)(EDPI)(14- 95,1/21) Marine Drive Apts(exc resolves) R &F K�7► 1► 1�1►1��'��1�� /�[il�► 1�►�1 480- 8. 14 -286 Com Feb 18 481- 9. 14 -287 Com Feb 18 482- 10. 14 -288 Com Feb 18 483- 11. 13 -29 Com Oct 29 LEGISLATION 484- 12. 14 -311 Com 485- 13. 14 -312 Com 486- 14. 14 -322 No 487- 15. 14 -335 No Feb 18 Feb 18 Feb 18 Feb 18 488- 16. 14 -336 No 489- 17. 14 -337 No 490- 18. 14 -338 No 491- 19. 14 -340 No 492- 20. 14 -341 No 493- 21. 14 -401 No 494- 22. 14 -204 No 495- 23. 13 -52 No 496- 24. 13 -62 No 497- 25. 13 -64 No 498- 26. 13 -21 Res 499- 27. 10 -99 Res Feb 18 Feb 18 Feb 18 Feb 18 Feb 18 Feb 18 Feb 4 Dec 10 Nov 26 Sept 17 Apr 16 July 6 500- 28. 11 -98 Res May 17 Report of Commission 69 Phyllis(Univ)(Strat Plan) APP Report of Sale 103 Spruce(EII)(Strat Plan) APP Report of Sale 82 Wohlers(EII)(Strat Plan) APP Chicken License Complaint and Attached Application Referred to the Common Council for Recommendation -33 Helen(Nia) APP Restricted Use Permit -69 W. Chippewa(2 /20 /14)(EII)(CtyClk) R &F Restricted Use Permit -69 W. Chippewa(3 /6 /14)(EII)(CtyClk) APP Center for Employment Opportunities- Economic Impact Report R &F M. Petrillo, Owner, Use 1368 Hertel to Create Front and Left Side Sidewalk Patios to a Sit In Restaurant(Del)(hrg 2/25) APP J. Smith, Agent, Use 739 Elmwood to Expand an Existing Restaurant in the Elmwood Ave Special Zoning District(Del)(hrg 2/25) APP /COND L. Desiderio, Agent, Use 1816 Clinton St to Open an Existing Take -Out Rest in the Clinton St Special Zoning District(Del)(hrg 2/25) APP W. Yu, Owner, Use 185 Lang for A Ground Sign and Two Illuminated Signs(Lov)(Hrg 2/25) APP M. Vaccaro, Owner, Use 1735 Hertel, Continue the Use of a Restaurant In the Hertel Avenue Special Zoning District(Del)(Hrg 2/25) APP P. Strada, Agent, Use 663 East Ferry for a Pole Sign(No Hrg)(Mas) APP Food Store License(New) 243 Walden(Fill)(EDPI)(14- 95,1/21) APP /COND W. Thygesen, Owner, Use 524 Kenmore to Place a Ground Sign (hrg 02 /11)(Univ) APP D. Smith - Article Raise the Age Criminal Recognition in NY R &F M Jamil, Use 1330 Niagara, Convert the Rear Portion of 2 Story Masonry Bldg For an Auto Detail /Customizing Shop with Spray Booth in Niagara River Coastal Review District(Nia)(No Hrg) APP Restricted Use Permit -69 W. Chippewa-1 1/1 4/2013(CtyClk)(#52,9/3) R &F Annual Report Office of Telecom munications(PW) R &F Strengthening Problem Property Enforc. By Amending Ch 341 of the City Code(Exc Res) HOUSING Ord Amend -Ch 264, Rental Dwelling Unit Registration HOUSING CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO TUESDAY MARCH 4, 2014 AT 2:00 P.M. Present — Darius G. Pridgen, President of the Council, and Councilmembers: Fontana, Franczyk, LoCurto, Rivera, Scanlon, Smith, Wyatt— 8 Absent -- Golombek - 1 On a motion by Mr. Smith, Seconded by Mr. Rivera, the minutes of the stated meeting held on February 18, 2014 were approved FROM THE MAYOR FROM THE MAYOR - EXECUTIVE FROM THE OFFICE OF STRATEGIC PLANNING NO. 434 AMENDMENT TO THE 2013 -14 ANNUAL ACTION PLAN AND PRIOR YEARS' ANNUAL ACTION PLANS FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG), EMERGENCY SHELTER GRANT (ESG) PROGRAM AND HOME INVESTMENT PARTNERSHIP PROGRAM ITEM NO. 00016, CCP 11/26/13 (AMENDMENTS TO ANNUAL ACTION PLANS) ITEM NO. 00058, CCP 12/23/13 (AMENDMENTS TO ANNUAL ACTION PLANS R &F) ITEM NO. 00013, CCP 07/09/13 (2013 ANNUAL ACTION PLAN) SPECIAL MEETING, CCP 05/21/13 (AMENDMENTS TO ANNUAL ACTION PLANS) ITEM NO. 00070, CCP 02 -07 -12 (2012 ANNUAL ACTION PLAN) ITEM NO. 00003, CCP 02 -15 -11 (2011 ANNUAL ACTION PLAN) ITEM NO. 00057, CCP 02 -16 -10 (2010 ANNUAL ACTION PLAN) ITEM NO. 00002, CCP 05 -26 -09 (2009 ANNUAL ACTION PLAN) ITEM NO. 00102, CCP 05 -13 -08 (2008 ANNUAL ACTION PLAN) Attached for Your Honorable Body's consideration, please find amendments to the City of Buffalo's 2013 -2014 Annual Action Plan and prior years' Annual Action Plans. This is a resubmission of a prior Council filing on 11 /26/2013 which was subsequently "Received and Filed" by the Council on December 23, 2013. The amendments need to be "Approved" rather than "Received and Filed ". As these amendments were already reviewed the Council's Community Development Committee, we respectfully request that this item be considered and approved by the full Council at this time. The amendments dated September 18, 2013 provide for the reprogramming of funds within existing projects of the 2011, 2012, and 2013 CDBG Grants and the 2010 ESG Grant. The amendments dated July 1, 2013 reprogram funds within existing projects of the 2010 and 2011 HOME Grants. Pursuant to 24 CFR 91.505, the City of Buffalo held two Public Hearings on these amendments. The public hearing for the CDBG and ESG amendments was held on September 18, 2013 at 6:00 p.m. at 65 Niagara Sq., 901 City Hall. The public hearing for the HOME amendments was held on July 1, 2013 at 6:00 p.m. at 65 Niagara Sq., 920 City Hall Notice was made in the local section of the Buffalo News and mailed to the City's block clubs, community based organizations and public service agencies. In addition, the amendments were posted on the City's Office of Strategic Planning's website. A 30 day comment period was provided, however, there were no written comments received on the amendments. The Office of Strategic Planning is therefore requesting that your Honorable Body approve the Amendment to 2013 -14 Annual Action Plan and Prior Years' Annual Action Plans for the Community Development Block Grant Program (CDBG), Emergency Shelter Grant (ESG) Program and HOME Investment Partnership Programs. Mr. Smith moved: That the above item be, and the above communication from the Executive Director of the Office of Strategic Planning, dated February 26, 2014, be received and filed; and That the Common Council hereby approves the amendment to the 2013 -14 Annual Action Plan and Prior Years' Action Plans for the Community Development Block Grant Program (CDBG), Emergency Shelter Grant (ESG) Program and HOME Investment Partnership Programs to provide for the reprogramming of funds within existing projects of the 2011, 2012 and 2013 CDBG Grants, the 2010 ESG Grant and the 2010 and 2011 HOME Grants. PASSED AYES — 8 NOES - 0 NO. 436 APPROVAL TO CONTRACT FOR NEW AMERICANS STUDY Buffalo has become a location of choice for immigrants and refugees. The city had a population of 292,000 in 2000; with i2, 900 foreign -born residents. By 2010, the total population had fallen to 261,000 (down 11 percent), while the number of foreign -born residents had grown to 21,900 (up 70 percent). To ensure that the city is able to meet the needs of its newest residents, Mayor Brown directed the Office of Strategic Planning to develop a plan and policies to ease the transition for immigrants and refugees, and to increase the city's ability to retain these groups after the initial resettlement services provided by the federal government end. The result of this effort will be a written report that: (1) analyzes existing immigrant and refugee populations and projects future trends; (2) outlines the services required by these populations upon resettlement; (3) assesses the services currently being provided by the city; and (4) recommends policies and procedures for the city to improve or expand these services. The city publicly advertised for and received proposals to provide consultant services from Goldhaber Research Associates, University at Buffalo Regional Institute, Urban Information Associates, and Via Evaluation. After reviewing the proposals and conducting interviews with the four consultant teams, Urban Information Associates was selected as best able to provide these services. The firm has previous experience working with immigrant and refugee communities in Atlanta, Baltimore, and Central Maryland. OSP has identified $50,000 in Year 38 Community Development Block Grant funding to pay for these consultant services, and obtained HUD approval for this expenditure. The purpose of this communication is to request permission to contract with Urban Information Associates to assist with preparing this study. I respectively request that your Honorable Body authorize appropriate city personnel to enter into such agreements and arrangements as are necessary to contract for these consultant services, and to facilitate and implement the objectives of this project. Mr. Smith moved: That the above item be, and the above communication from the Executive Director of the Office of Strategic Planning, dated February 24, 2014, be received and filed; That the Common Council hereby authorizes the Executive Director of the Office of Strategic Planning to enter into an agreement and arrangements as are necessary with Urban Information Associates to develop a plan and polices to ensure that the City of Buffalo is able to meet the needs of immigrants and refugees that relocate to the City and to increase the City's ability to retain these groups after the initial resettlement services provided by the federal government end. Funding for this study is available in a Year 38 Community Development Block Grant. PASSED AYES — 8 NOES - 0 NO. 436 APPROVE "RELEASE OF RESTRICTION ON PART OF PREMISES LOCATED AT 174 WHITNEYELLICOTT DISTRICT ITEM NO. 100, C.C.P. 4/27/10 The City of Buffalo homesteaded the vacant lot at 174 Whitney to Jose L. Lorenzo and Tania M. Matos residing at 217 Prospect .Avenue, Buffalo, New - York -on October 5, 2011, Liber $1209, Page 566& The deed had a restriction that under the homestead program the Grantee must maintain, clean and improve the property for at least 36 continuous months subsequent to the date of the conveyance. If the conditions are not satisfied, the Grantor (the City) would be entitled to recover an amount equal to the assessed value of the premises at the time of the conveyance ($41,000) as established by the City. Mr. Lorenzo & Ms. Matos have been advised that Heart of the City Neighborhoods, Inc. owns 178 Whitney and they intended to renovate the multiple dwelling located at 178 Whitney. Heart of the City Neighborhoods, Inc. needs a 3.3'x 20' portion of 174 Whitney in order to have a dedicated driveway. Mr. Lorenzo & Ms. Matos are willing to convey a 3.3'x 20' portion of 174 Whitney to Heart of the City Neighborhoods, Inc. for a token dollar. However, the deed that was given to Mr. Lorenzo & Ms. Matos has the above referenced restriction that needs to be released from the portion of the property they wish to convey to the Heart of the City Neighborhoods, Inc. In order to resolve this matter Mr. Lorenzo & Ms. Matos are prepared to pay the City of Buffalo the square foot value of the portion they wish to convey to Heart of the City Neighborhoods, Inc. The entire parcel is 25'x 100 and value the value at the time of conveyance was determined to be $4,100 (or $1.64 per sq. ft.). Mr. Lorenzo & Ms. Matos would convey 66 sq. ft. (3.3'x 20') of 174 Whitney and pay the City of Buffalo a $1.64 per square foot which calculates the value to be $108.24. 1 am recommending that Your Honorable Body: 1. Approve the attached proposed Release of Restriction on Part of the Premises located at 174 Whitney between the City of Buffalo and Jose 1. Lorenzo and Tania M. Matos in the amount of $108.24; 2. The final Release of Restrictions on Part of Premises shall be substantially similar to those outlined in the attached Release of Restriction on Part of - Premises for 174 Whitney and subject to any and all changes deemed necessary the City of Buffalo's Corporation Counsel's Office;. 3. Authorize the Mayor to execute the Release of Restriction on Part of the Premises located at 174 Whitney between the City of Buffalo and Jose 1. Lorenzo and Tania M. Matos. Said Release shall be in form and substance similar to the form of the Release attached hereto; 4. Authorize pertinent City personnel to take all such steps and actions and To execute and or process the necessary documents, if any. Said documents shall be reviewed and approved by the City's Corporation Counsel's Office. 5. Direct the Corporation Counsel and other appropriate City personnel to negotiate to finalization said Release and any ancillary agreements and other necessary documentation wherever necessary for execution and actual implementation of the above tasks and objectives. Mr. Smith moved: Planning, Division of Real Estate, dated February 26, 2014, be received and filed; That the Common Council hereby approves the proposed Release of Restriction on Part of the Premises located at 174 Whitney between the City of Buffalo and Jose 1. Lorenzo and Tania M. Matos in the amount of $108.24; that the final Release of Restrictions on the Part of Premises shall be substantially similar to those outlined in the Release of Restriction on Part of the Premises for 174 Whitney and subject to any and all changes deemed necessary to the City of Buffalo's Corporation Counsel's Office; that the Common Council hereby authorizes the Mayor to execute the Release of Restriction on Part of the Premises located at 174 Whitney between the City of Buffalo and Jose 1. Lorenzo and Tania M. Matos; that the Common Council hereby authorizes pertinent City personnel to take all such steps and actions and to execute and /or process the necessary documents, said documents shall be reviewed and approved by the City's Corporation Counsel's Office; and that the Common Council hereby directs the Corporation Counsel and other appropriate City personnel to negotiate to finalization said Release and any ancillary agreements and other necessary documentation wherever necessary for execution and actual implementation of the above tasks and objectives. PASSED AYES — 8 NOES - 0 FROM THE COMPTROLLER NO. 437 2013 -2014 SECOND QUARTER GAP SHEETS REPORT As required by the City Charter, we have reviewed the 2013 - 2014 Second Quarter Gap Sheets Report (Gap Report), which was prepared and submitted by the administration, and are filing our review and summation. Past transactions were utilized to review the reasonableness of the projections as established by the administration. Unusual and non - recurring items were considered ha this calculation and according adjustments were made. We understand that historical trends, though useful in performing a reasonableness test, may not necessarily be a fair prediction of what may occur in the next six months. Also, as our office is not a part of City -wide management decisions, we may not be aware of all anticipated changes to staffing and operations during the remainder of the fiscal year The administration's Gap Report projects a $1.3 million budgetary surplus for the current year ending June 30, 2014, based on actual results through December 31, 2013 and projections for the period January 1, 2014 through June 30, 2014. At this time in the fiscal year, nothing has come to our attention that would cause us to dispute the reasonableness of the projection, based on our historical analysis using past transactions. It should be noted that the revised budget includes the use of $15.8 million of fund balance, which is an increase of $3.8 million from the First Quarter GAP report. This increase was due to increased capital appropriations for police vehicles of $1.1 million and $1.5 million for demolitions. The budget was also increased $0.8 million for operation shortfalls, including $0.4 million in salt expense due to an increased need this winter and $0.4 for buildings repairs and cafeteria renovation. An additional $0.4 million was appropriated for the music program in the Buffalo schools. With the use of this fund balance, and in accordance with generally accepted accounting principles (GAAP), the "net change in fund balances" in the 2014 CAFR will report a deficit on the fund financial statements. REFERRED TO THE COMMITTEE ON FINANCE FROM THE PRESIDENT OF THE COUNCIL NO. 438 APPOINTMENTS TO THE SLUMLORD SUBCOMMITTEE The following individuals are appointed to the Slumlord Subcommittee for the City of Buffalo Common Council: Appointees by Councilmember to the Slumlord Subcommittee are: • Deborah E. Tucker (Staff) Councilmember Pridgen • Victoria Dent (Community) Councilmember Pridgen • Bryan Bollman (Staff) Councilmember Fontana • Paul Harris (Community Councilmember Franczyk • Sandra Frieday -Lewis (Staff) Councilmember Golombek • Alyssa Weiss (Staff) Councilmember LoCurto • Terry Richard (Community) Councilmember Rivera • David Rodriguez (Community) Councilmember Rivera • Justin Steinwandel (Staff) Councilmember Scanlon • Fred Brace (Community) Councilmember Wyatt Also appointed is Patty McDonald. RECEIVED AND FILED NO. 439 CONCERNS MARKINGS on police cars Dear Commissioner, At the general meeting of the Common Council, held February 25, 2014, the Council Members spoke again about identifying police cars. To ensure that the new cars will have prominent displays of the car number from any ground level perspective, I believe that it will help to see a plan for the new cars. We request that you present a design for the exterior of new police cars at the next Legislation Committee meeting to be held at 2:OOpm on March 1 !, 2014 in Council Chambers. If you have any questions, please feel free to contact my office. Thank you for your time. Sincerely, Darius G. Pridgen Council President Ellicott District Council Member RECEIVED AND FILED NO. 440 COMMON COUNCIL PAYROLL FUNCTION POLICY Time Sheets: Each Council Member is responsible for informing the City Clerk's Office, the Friday before the close of the pay period via written time sheet (Appendix A) of the employees weekly hours. Allotted Leave Time: Each Council Member will consistently track regular, holiday, sick and banked time throughout the payroll cycle. (Appendix B). Paid Time Off: There is currently a policy entitled "Allotted Leave Time for Central Staff Appointees" from the October 2009 Council Staff Audit. These are the guidelines to be adhered to unless a Council Member provides a written, authorized waiver. Payroll Sheet Signatures: Signature stamps will not be used to sign payroll summary sheets. The only acceptable signatures will be that of the Council Member or a person designated by the individual Council Member. ADOPTED FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO. 441 PERMISSION TO ENGAGE SERVICES OF CONSULTING ENGINEER [: FOR ENGINEERING SERVICES FOR SATELLITE CHLORINATION STATIONS AND CHLORINE RESIDUAL OPTIMIZATION I respectfully request that Your Honorable Body authorize the Department of Public Works, Parks and Streets to grant permission to hire GHD Consulting Services, Inc. for engineering services for satellite chlorination Stations and chlorine residual optimization. These chlorination stations will allow for additional water disinfection by increasing chlorine residual at existing remote locations. This will help to improve the water quality delivered to customers and allow for a reduction in water main flushing operations. The consultant was chosen through a Request for Qualifications (RFQ) process. The funds are available in a Division of Water account(s) 53230806 445100, an account(s) to be named at a later date. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets, dated February 26, 2014, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to hire GHD Consulting Services, Inc. for engineering services for satellite chlorination stations and chlorine residual optimization. The consultant was chosen through a Request for Qualifications (RFQ) process. The funds are available in a Division of Water account(s) 53230806 445100; and an account(s) to be named at a later date. PASSED AYES — 8 NOES - 0 NO. 442 PERMISSION TO ENTER IN TO AGREEMENT FOR COOPERATION IN CONSTRUCTION PHASE FOR DARWIN MARTIN HOUSE HISTORIC LANDSCAPE RESTORATION DELAWARE DISTRICT The City of Buffalo and the Martin House Restoration Corporation (MHRC) jointly seek to enter into agreement for cooperation in the funding and implementation of the Darwin Martin House Historic Landscape Restoration (Project). The Project will analyze the historic landscape and existing conditions and create a management plan that will address restoration, preservation, maintenance and site usage as per the visitor experience that the MHRC is developing, universal accessibility and sustainability. The MHRC has been awarded a grant for the project design and for landscape work that will occur on its property and the Department of Public Works, Parks and Streets (DPW) desires to provide up to $60,000.00 in funds toward implementation of improvements within the City right -of -way abutting the Darwin Martin House. I respectfully request that Your Honorable Body authorize the DPW to enter into an agreement with the MHRC that will establish the framework for this cooperative effort that is subject to the following terms and conditions: 1. The project will be procured in a manner consistent with the City's procurement standards 2. The contract will be subject to approval as -to -form by the Corporation Counsel 3. The City's share will be separated as an alternate to the base bid and the Contractor will invoice the City directly for work completed in accordance with the contract 4. The final contract documents for improvements within the City right -of -way will be subject to approval of the Commissioner of Public Works, Parks and Streets 5. The he MHRC, or its consultant, will certify to the City that the work that the Contractor submits for payment by the City has been completed in accordance with the project contract documents. 6. The MI -IRC will assume responsibility for all maintenance of the landscaping that is installed within The City right -of -way. The funds for the City's share are available in Capital account(s) 36319406- 445100 and or 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 February 25, 2014, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets and the Martin House Restoration Corporation ( "MHRC ") to enter into an agreement for cooperation in the funding and implementation of the Darwin Martin House Historic Landscape Restoration ( "Project "). The MHRC has been awarded a grant for the project design and landscape work that will occur on its property and the Department of Public Works, Parks and Streets desires to provide up to $60,000.00 in funds towards implementation of improvements within the City right -of -way abutting the Darwin Martin House. That the Common Council hereby authorizes the Department of Public Works, Parks and Streets to enter into an agreement with the MHRC that will establish the framework for this cooperative effort that is subject to the following terms and conditions: 1. The project will be procured in a manner consistent with the City's procurement standards; 2. The contract will be subject to approval as to form by the Corporation Counsel; 3. The City's share will be separated as an alternative to the base bid and the contractor will invoice the City directly for work completed in accordance with the contract; 4. The final contract documents for improvements within the City right -of -way will be subject to approval of the Commissioner of Public Works, Parks and Streets; 5. The MHRC, or its consultant, will certify to the City that the work that the contractor submits for payment by the City has been completed in accordance with the project contract documents; 6. The MHRC will assume responsibility for all maintenance of the landscaping that is installed within the City right -of -way. The funds for the City's share are available in Capital Account(s) #36319406- 445100 and /or an account(s) to be named at a later date. PASSED AYES — 8 NOES- 0 NO. 443 PERMISSION TO HIRE CONSULTANT FOR HAZARDOUS & UNIVERSAL WASTE MANAGEMENT PROGRAM CITY WIDE I hereby request permission from your Honorable Body to hire Frontier Technical Associates, Inc. as the Consultant for the program. The consultant will provide Comprehensive Universal and Hazardous Waste Management plan and potential follow -up compliance with the Federal and New York State requirements for the City wide facilities. The consultant was chosen through the "Request For Qualification" (RFQ) process. Therefore, I am requesting from your Honorable Body to authorize the Commissioner of Public Works, Parks and Streets to enter into all necessary agreements to administer and cover all the necessary tasks needed to complete the program. The funds are available in an account(s) to be named at a later date. PJM: SAG, SA Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated February 26, 2014, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to Frontier Technical Associates, Inc. as the consultant for the Hazardous Waste and Universal Waste Management Program. The consultant will provide Comprehensive Universal and Hazardous Waste Management plan and potential follow -up compliance with the Federal and New York State requirements for the Citywide facilities. The .consultant was chosen through a Request for Qualifications (RFQ) process. Funds are available m an account(s) to be named at a later date. PASSED AYES — 8 NOES — 0 NO. 444 REPORT OF BIDS CITY WIDE PARKS IMPROVEMENTS PLAY COURT REHABILITATION PROJECT -PHASE 2 We advertised for on November 25, 2013, and received the following formal sealed bids for the City Wide Parks Improvements Play Court Rehabilitation Project -Phase 2, which were publicly opened and read on December 17, 2013. Total Bid NewCal Construction, Inc. INCOMPLETE BID 10994 Tinkham Road Darien. New York 14040 Titan Development, Inc. $717,392.00 8534 Seaman Road Gasport, NewYork 14067 Louis Del Prince & Sons, Inc. $747,926.85 580 Cayuga Road Cheektowaga, New York 14225 -1312 Hydrolawn of Buffalo, Inc. $815,271.50 P.O. Box 771 Derby, New York 14047 I hereby certify that the foregoing is a true and correct statement of all bids received and that Titan Development, Inc. with a Total Bid of Seven Hundred Seventeen Thousand Three Hundred Ninety Two and 00/100 ($717,392.00), is the lowest responsible bidder. I respectfully recommend that your Honorable Body authorize a contract award in the amount of $789,131.20 (Base Bid $717,392.00 + a 71,739.20 -10% Unit bid increase = $789,131.20). Funding for this project is available in 34400206 - 445100 and 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 February 24, 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 Citywide Parks Improvements Play Court Rehabilitation Project -Phase 2, with Titan Development, Inc. with a total bid amount of $789,131.20 (Base Bid $717,392.00 + 10% unit bid increase $71,739.20 for a Total Bid Amount of $789,131.20). Funding for this project is available in Accounts #34400206 - 445100 and 36400116- 445100 and other account(s) to be named at a later date. PASSED AYES — 8 NOES - 0 NO. 446 REQUEST FOR APPROVAL APOLLO MEDIA CENTER TV SET CONSTRUCTION PHIL GREENE CABINET LLC. Requests for Proposals were sent January 10, 2014 and this department received the following formal sealed proposal for Apollo Media Center TV Set Construction, which was opened and read on February 11, 2014: Contractor Phil Greene Cabinet LLC. PO Box 176 Jamesville, NY 13078 1 hereby certify that the foregoing is a true and correct statement of all proposals received and that as per Department of Public Works, Parks and Streets RFP panel review process Phil Greene Cabinet LLC. is the most qualified responsible proposer in accordance with the request for proposal scope of services and specifications. I hereby respectfully request that Your Honorable Body grant permission to the Commissioner of the Department of Public Works, Parks & Streets to enter into an Agreement with Phil Greene Cabinet LLC. as per the proposal and scope of services, not to exceed $10,485.00. Funds are available in account #13296006 - 443200. Your consideration toward this request is greatly appreciated. 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 February 26, 2014, be received and filed; and That the Common Council hereby grants permission to the Commissioner of the Department of Public Works, Parks and Streets to enter into an agreement with Phil Greene Cabinet LLC for the Apollo Media Center TV Set Construction. The contractor was chosen through a Request for Proposals (RFP) process. Funds are available in Account #13296006 - 443200. PASSED AYES — 8 NOES — 0 NO. 446 REQUEST FOR APPROVAL FOR HATCH RESTAURANT FACILITY OPERATOR AGREEMENT BETWEEN CITY OF BUFFALO AND RIVERFRONT ON THE NIAGARA A Request for Proposals (RFP) was issued on November 27, 2013. It was mailed to a list of potential vendors who had proactively requested the RFP upon its issuance, posted on the City of Buffalo website and advertised in the Buffalo News. In order to provide for additional submissions and to maximize competition, the responding date was extended without opening of the proposals then received from January 10, 2014 to January 24, 2014. The following two sealed proposals were submitted for The Hatch Restaurant Facility Operator, which were opened and read on January 24, 2014. Contractor /Operator Riverfront on the Niagara (or an entity to be formed for the Hatch Restaurant operations) 2192 Niagara Street Buffalo, NY 14207 Frank Berrafato (or an entity to be formed for the Hatch Restaurant operations) 396 Pearl Street Buffalo, NY 14202 1 hereby certify that the foregoing is a true and correct statement of all proposals received by the Department of Public Works, Parks and Streets. In order to ensure that the most qualified and responsible proposer with the preeminent proposal be identified and selected, a panel consisting of representatives from the Department of Administration, Finance, Policy and Urban Affairs, the Mayor's Office of Strategic Planning and the Department of Public Works, Parks and Streets was assembled to review and score the proposals. The panel unanimously found Riverfront on the Niagara's proposal to be superior in accordance with the RFPs scope of services and specifications. I hereby respectfully request that Your Honorable Body grant permission to the Commissioner of the Department of Public Works, Parks & Streets to enter into a five -year contract with two, two year, renewal periods to be mutually agreed upon with Riverfront on the Niagara (or an entity set up by the Riverfront on the Niagara principals for Hatch Restaurant operations) as per its proposal and scope of services. Attached is a summary of the economic terms of the proposals received. Your consideration toward this request is greatly appreciated. REFERRED TO THE COMMITTEE ON FINANCE FROM THE COMMISSIONER OF POLICE NO. 447 DRUG ASSET FORFEITURE WIRE TRANSFERS CCP# 104, 02/02/1988 13 -DEA- 587823 C2 -13 -0146 230.00 13 -DEA- 578489 C2 -13 -0054 475.25 13 -DEA- 576059 C2 -12 -0021 99.42 13 -DEA- 583712 C2 -13 -0104 5,288.47 13 -DEA- 587078 C2 -13 -0143 661.93 13 -DEA- 587078 C2 -13 -0143 1,192.07 (15% saff dep# 14) DEA TOTAL $7,947.14 UCSEQSH2013090100006301 2,764.68 UCSEQSH2011090100002301 1,287.20 TOTAL DEPOSIT $11,999.02 The Drug Enforcement Administration (DEA), U.S. Customs and /or the FBI has administratively forfeited the above referenced property. The funds were received by this Department through wire transfers and duly deposited in the Trust & Agency Account, #20010000 - 389001. 15% of the DEA funds have been deposited into SAFF account 10515 for fulfilling year 8 expenditures under SAFF legislation. The remaining funds will be placed into one or more of the following accounts as deemed necessary by the Commissioner of Police: Educational Training /Seminar, Confidential Funds, Materials and Supplies, Firearms and Weapons, Communications and Computers, Electrical Surveillance, Purchase of Services, Improvements, Vehicles, Operating Equipment If you have any questions regarding the above mentioned, please contact Inspector Joseph Strano at 851 -4624. RECEIVED AND FILED FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT & INSPECTION SERVICES NO. 448 2014 FOOD STORE LICENSE RENEWALS "AMENDED" Pursuant to Chapter 194 "Food Stores" of the City of Buffalo Ordinances, specifically section 194 -7.1 "Procedure governing license renewals ", attached, please find an "AMENDED" list of additional Food Store Licenses expiring on April 1, 2014 that were not included in the original submittal. 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. 449 FOOD STORE (NEW)140 ABBOTT (LOVE JOY) 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 140 ABBOTT (KHABRA BHUPINDER /MK MART INC) 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 yon deem appropriate. Mr. Smith moved: That the above item be, and the above communication from the Department of Permits and Inspection Services, dated February 24, 2014, be received and filed; and That the Commissioner of Permits and Inspections Services is hereby authorized pursuant to Chapter 194 of the City Code to issue a Food Store License to Khabra Bhupinder d /b /a MK Mart Inc. located at 140 Abbott upon the following conditions: • No sale of drug paraphernalia, pipes, glass tubes, or glass pens • No sale of Chore Boy cleaning pads • No sale of tobacco wraps • No loose cigarette sales It is illegal to sell or provide any of the above listed items. PASSED AYES — 8 NOES - 0 NO. 460 FOOD STORE (NEW)414 EAST AMHERST (UNIVERSITY) 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 414 EAST AMHERST ( Amhed Alhoqobie, Add Ahmed, & Mahmood Mossa /FOOD PLUS MARKET LLC) 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. 461 FOOD STORE (NEW) 364 EGGERT (UNIVERSITY) 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 364 EGG£RT (ALI MUNASSAR /TRADE FAIR FOOD MART, INC) 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. 462 FOOD STORE (NEW) 468 NIAGARA (ELLICOTT) Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at 468 NIAGARA (DANIELLE STALINGS /NIAGARA XPRESS MART) 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. 463 FOOD STORE (NEW) 1531 NIAGARA (NIAGARA) 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 1531 NIAGARA (ALI ALSADAM /FIRST LINE) 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. Mr. Smith moved: That the above item be, and the above communication from the Department of Permits and Inspection Services, dated February 24, 2014, be received and filed; and That the Commissioner of Permits and Inspections Services is hereby authorized pursuant to Chapter 194 of the City Code to issue a Food Store License to Ali Alsadam d /b /a First Line located at 1531 Niagara. PASSED AYES — 8 NOES — 0 NO. 464 FOOD STORE (NEW) 983 TONAWANDA (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 983 TONAWANDA (ALI ALI /MOON LITE MARKET INC.) 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. Mr. Smith moved: That the above item be, and the above communication from the Department of Permits and Inspection Services, dated February 24, 2014, be received and filed; and That the Commissioner of Permits and Inspections Services is hereby authorized pursuant to Chapter 194 of the City Code to issue a Food Store License to Ali Ali d /b /a Moon Lite Market Inc. located at 983 Tonawanda. PASSED AYES — 8 NOES — 0 NO. 466 MOBILE FOOD TRUCK BETTY CROCKSKI, LLC. (NEW APPLICATION) Pursuant to Chapter 316 Article li -- of the City of Buffalo Ordinances, please be advised that I have caused an investigation into the food truck at 295 FAYETTE AVE. for which said application for a Mobile Food Truck license is being sought by DANA SZCZIPANIAK/KATHYRN HEY @ BETTY CROCKSKI and according to the attached reports from the Fire Department and Police record cheek I find it complies with all regulations and other applicable laws, This request is submitted for your approval or whatever action you deem appropriate. Signature of Department Head: REFERRED TO THE COMMITTEE ON LEGISLATION. FROM THE BUFFALO URBAN RENEWAL AGENCY NO. 466 APPROVAL OF CONTRACT FOR SALE OF LAND - 1556 MAIN STREET IRR SUPPLY CENTERS, INC. The City of Buffalo Urban Renewal Agency duly designated Irr Supply Centers, Inc. and /or joint venture, partnership, corporation or other legal entity to be formed as the qualified and eligible Redeveloper for the subject parcel. The Agency has also determined that the proposed Land Disposition Agreement negotiated by the Agency and the Redeveloper is satisfactory. Please be advised that in accordance with the provisions of Article 15A of the Genera! Municipal Law, it is now necessary for your Honorable Body to set a date for a public hearing, and to direct the publication of a notice of said hearing. In the interest of time and anticipating that Your Honorable Body is willing to expedite this matter, I have taken the liberty to prepare a Resolution together with a Notice of Public Hearing for your action. Forwarded separately are the following documents: 1. Resolution setting Public Hearing 2. Notice of Public Hearing 3. Resolution approving proposed Land Disposition Agreement After the Public Hearing is held, Your Honorable Body may adopt a Resolution authorizing the disposition of the land to the Redeveloper, which the Agency has designated as being qualified and eligible REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT FROM THE CITY CLERK NO. 467 BOARD OF ETHICS MEETING MINUTES TUESDAY, JANUARY 28, 2014 Members in Attendance: Douglas Coppola, Gerald Chwalinski, Richard Sullivan, Cavette Chambers, Elizabeth Hamed. Excused: James Magavern, Eleanor Paterson. Guest: Mary H. Baldwin Quorum New Business: A Transactional Disclosure Statement was submitted by Director of Citizen Services, Oswaldo Mestre, Jr., regarding his attendance at the KANA Connect 2013 business conference. BOE needs clarity of his expenses: who paid for airfare, lodging, & food? Does KANA do any business with the City of Buffalo? Oswaldo needs to submit receipts to BOE and inform BOE if there is any relationship between the two. Director Mestre was emailed twice regarding KANA, but there was no reply. BOE invited him to next BOE meeting on February 25 to answer questions regarding KANA, unless he submits his answers first in writing. 2) Financial Disclosures have 45% submissions. Date is extended to 2/25/14 by BOE. All BOE members have submitted one. Sharon is following up on employees and Board members. Cavette submitted a memo from Deputy Mayor Ellen Grant which was sent to Mayor Brown and First Deputy Mayor Casey. She's a licensed clinical therapist and is seeking a waiver to continue her private employment after her City work hours. Per BOE, as long as there's no impact upon her City duties now or in the future, there's no violation. Memo added to her Financial Disclosure. Old Business: Cavette will resurrect the amendment of the City Code (Section 12 -24) with reference to the Board's jurisdiction a year after an employee's separation of service with the City. She will get it to Gerry who will get a sponsor from the Council President. The amendment will then go back to the Council and get it to BOE. Approval of the January 28, 2014 minutes. Next meeting is scheduled for Tuesday, February 28, 2014. Meeting is adjourned. RECEIVED AND FILED NO. 468 LIQUOR LICENSE APPLICATIONS ADDRESS BUSINESS NAME OWNER'S NAME 454 Pearl St District 3 Inc District 3 Inc 197 Allen St The Ally Cat Brynlan LLC RECEIVED AND FILED NO. 469 LEAVES OF ABSENCE WITHOUT PAY I transmit herewith notifications received by me, reporting the granting of the leaves of absence without pay, in the various departments as listed: Police Marcia Vazquez. Deborah Daniel. Marlin Hall. Vanesa Rowe. John Molenda. Elizabeth Clark. Bernadette Rawles. Linda McDonald RECEIVED AND FILED. NO. 460 REPORTS OF ATTENDANCE I transmit herewith communications received by me, from the various boards, commissions, agencies and authorities reporting the membership attendance at their respective meetings: Buffalo Sewer Authority RECEIVED AND FILED NO. 461 APPOINT LEGISLATIVE ASSISTANT(LEWIS)(UNIV) Appointment effective February 14, 2014 in the Department of Common Council, University Council District, Unclassified at the Flat Salary of $41,163.00 Monica N. Lewis, 14 Dartmouth Lwr, Buffalo, NY 14215 ADOPTED NO. 462 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 02/18/2014 in the Department of Public Works, Parks and Streets to the Position of Laborer II, Seasonal at the Flat rate of $12.66/hr Robert Kucharski, 63 Pavonia St, Buffalo, NY 14201 NO. 463 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 02/18/2014 in the Department of Public Works, Parks and Streets to the Position of Laborer II, Permanent at the minimum salary of $23,553 Cecellia Folmar, 180 Jefferson Ave Apt 705, Buffalo, NY 14204 CERTIFICATE OF APPOINTMENT Appointment effective February 18, 2014 in the Department of Human Resources, Division of Civil Service to the Position of Typist, Permanent at the minimum Starting Salary of $30,507 Chrystal Jones, 800 Glenwood Ave, Buffalo, NY 14211 CERTIFICATE OF APPOINTMENT Appointment effective February 24, 2014 in the Department of Parking, Division of Parking Enforcement to the Position of Parking Enforcement Supervisor, Provisional at the Minimum Salary of $39,390.00 Peter G. Gospodarski, 193 Weaver St, Buffalo, NY 14206 CERTIFICATE OF APPOINTMENT Appointment effective 02/17/2014 in the Department of Public Works, Parks and Streets to the Position of Street Worker, Permanent at the minimum salary of $23,553 Arthur Robinson, 192 Maurice St, Buffalo, NY 14210 CERTIFICATE OF APPOINTMENT Appointment effective 02/18/2014 in the Department of Public Works, Parks and Streets to the Position of Equipment Operator, Temporary at the minimum salary of $23,553 Salvatore M. Persico, 536 Linden Ave, Buffalo, NY 14216 CERTIFICATE OF APPOINTMENT Appointment effective 02/18/2014 in the Department of Public Works, Parks and Streets to the Position of Street Worker, Permanent at the minimum salary of $23,553 Marlino Gress, 347 St. Lawrence Ave, Buffalo, NY 14216 NON - OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON - OFFICIAL COMMUNICATIONS NO. 464 BFLO WATER BD- MONTHLY WATER BD REPORT - JANUARY 2014 Item available for review in The City Clerk's Office RECEIVED AND FILED NO. 466 D. FRANCZYK -BFLO PBA INVESTIGATE POTENTIAL OF ACQUIRING BRICK AND MORTAR SPACE The Buffalo Police Benevolent Association is investigating the potential of acquiring a brick and mortar space to house the PBA offices. Currently we feel that the City owned building located at 355 Louisiana, also known as the old precinct #7, is the best option for our purposes. This building is has been vacant for over eleven (11) years and is in a continuing state of disrepair. This building will be in such a state of dilapidation that in short time the only recourse for the City will be to demolish it. The PBA is willing to take on the repair and upkeep of this building, pending an inspection to ensure that the cost for such is tenable. Further, the PBA has plans to revitalize the area immediately around this building. Such an action on our part will help to beautify this area of the City and develop a police presence in this historic neighborhood without the City spending any tax dollars. Having the PBA and its offices in this neighborhood will also ensure a police presence as many officers make daily trips to our present offices. That presence will only increase with a facility that has more parking. Police Headquarters has virtually no parking space which limits the access to visitors. This concept does not have a down side and the PBA does not understand why there would be any opposition to such a project. The Buffalo Police Federal Credit Union is also interested in partnering with the PBA in this venture and moving its operation to this location. This partnership will help spirit economic development and bring new visitors to an area on the cusp of renewal. The Buffalo Federal Credit Union has outgrown its present location in Police Headquarters. The only way the Credit Union can expand is by moving its operation to a location that offers more parking and possibly a drive up window. Affiliated with: Western New York Police Conference, Inc,; Upstate New York Police Benevolent Association, Inc. and National Association of Police Organizations, Inc. Inquiries to the Police Commissioner and the division of real estate management have met with negative results. We have been told that the Commissioner would like to return to neighborhood precincts. However, this is the only building that housed a police precinct that the City still owns. A return to precincts would require a monumental investment of tax dollars and would take many years to realize. The PBA is willing to do a long term lease with the City and still repair the building and return the building to the City if the City decides to return to police precincts. If the structure is still sound enough to substantiate an investment this will be a win fall for the City as tax dollars will no longer be needed to maintain the building. Also a long term police presence will be a positive indication to any investor interested in developing a project in this area. The PBA hopes we can count on your support and influence in this idea and help us move this project forward. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT. COMMISSIONER OF POLICE AND THE DIRECTOR OF REALESTATE NO. 466 GBNRTC- BRIDGE MAINTENANCE PUBLIC NOTICE: GBNRTC TIP Amendment # 7: PMI- Bridge Maintenance; SFY 14/15 The Greater Buffalo- Niagara Regional Transportation Council (GBNRTC), the Metropolitan Planning Organization for Erie and Niagara Counties, is proposing to amend its current 2014 -2018 Transportation Improvement Program (TIP) by incorporating the following two (2) program changes: 1) PIN 5812.45 Bridge General Repairs in Erie County: This action allocates bridge maintenance block funds from PIN 5T1533 to repair or replace deficient bridge elements and extend the service life of thirteen (13) bridges located in the Towns of Boston, Hamburg, Holland, Elma, West Seneca and the City of Lackawanna. Total matched cost is $2.708M and uses NHPP and STP Flex funds for the federal portion ($1.926M). Construction is anticipated during State Fiscal Year 2014/2015. 2) PIN 5812.47- Bridge General Repairs in Niagara County: This action allocates bridge maintenance block funds from PIN 5T1533 to repair or replace deficient bridge elements and extend the service life of thirteen (]3) bridges located in the Towns of Amherst and Wheatfield, and the Cities of Niagara Falls and Buffalo. Total matched cost is $2.324 M and uses NI -IPP funds for the federal portion ($1.620M). Construction is anticipated during State Fiscal Year 2014/2015. Public comments will be received through March 13, 2014. For more detailed project descriptions visit the GBNRTC's web site (www. @nrtc.ol' —,) or contact the GBNRTC Executive Director, 438 Main St., Buffalo, NY 14202 or call 716/856 -2026. Stay involved by visiting the GBNRTC's web site (gbnrtc.org), Twitter (twitter.com/ #GBNRTC), or Facebook (facebook.com /GBNRTC). RECEIVED AND FILED NO. 467 D. RIVERA -OPEN BUFFALO; ALARMING DISPARITIES -THE DISPROPORTIONATE NUMBER OF AFRICAN AMERICAN AND HISPANIC PEOPLE IN ERIE CO. CRIMINAL JUSTICE SYSTEM. I would like to file the attached information for the next Common Council meeting to be held on 3 -4 -14. Thank you. Item available for review in the City Clerk's Office. REFERRED TO'THE CO #MITTEE ON COMMUNITY DEVELOPMENT NO. 468 C. SCANLON- ARTICLE - SKYWAY ONE OF 10 FREEWAYS WITHOUT FEATURES Dear Mr. Chwalinski, I am requesting that the attached article be filed for the next Common Council meeting, scheduled for March 3, 2014 Thank you for your assistance. Christopher P. Scanlon South District Councilmember Congress for New Urbanism names Skyway one of to'Freeways Without Futures' Elevated roadway is cited as a Freeway Without Future BY: Mark Sommer (mailto:msommer @buffnews.com) Published :February 12. 2014, 10:27 AM Updated :February 12, 2014, 10:27 AM Another call has gone out to tear down Buffalo's Skyway, the 1.4- mile -long bridge complex that connects the inner and outer harbors. The 61- year -old Skyway and Route 5, which it merges with, have been named one of the to "Freeways Without Futures" in North America, according to a group dedicated to sustainable development. Critics of the Skyway, including Pep. Brian Higgins and Assemblyman Michael P. Kearns, have maintained the 11 o- foot -tall bridge is functionally obsolete, structurally deficient, constitutes a winter hazard and is an aesthetic blight on the emerging waterfront. The study by Project for Transportation Reform - part of Congress for the New Urbanism, a group that promotes "smart growth" and walkable communities - advocates converting all of the highways on its list to surface boulevards. "Cities around the world are replacing urban highways with surface streets, saving billions of dollars on transportation infrastructure and revitalizing adjacent land with walkable, compact development," the group said in a statement. "Transportation models that support connected street grids, improved transit and revitalized urbanism will make reducing gasoline dependency and greenhouse gas emissions that much more convenient." The 2.6 miles of Route 5 between Buffalo and Lackawanna -which are referred to as a "blighted Corridor was criticized for "oddly configured exit ramps (that) lead to a confusing series of one -way streets that further hinder access to the waterfront. Other highways listed include Rochester's Inner Loop, Interstate 81 in Syracuse and the Gardiner Expressway in Toronto. The Congress for the New Urbanism will hold its national conference in Buffalo.com June 4 to 7- With costs expected to reach $ 35 million for decking and painting the Skyway over the next five to 1 o years, the state Department of Transportation announced in November 2012 that it would conduct a review of Skyway alternatives. Results from the review have yet to be released. Erie Canal Harbor Development Corp. began an environmental review process in 201 o for a new bridge. The potential bridge location has been narrowed to either the foot of Main Street, by First Niagara Center, or Erie Street by Erie Basin Marina. email: msommer @buffnews.com Mark Sommer REFERRED TO THE COMMITTEE ON COMMUNTY DEVELOPMENT NO. 469 D. SMITH - PROPOSED PACE WORKSHOP Proposed PACE Workshop I would like to file that attached information for the next Common Council meeting to be held on March 4, 2014. PROPOSED PACE WORKSHOP, MARCH 3, 2014 Purpose: To acquaint City officials with the benefits of Property Assessed Clean Energy (PACE) financing and the process that would be involved if the City wants to provide this resource to building owners. PACE financing is long -term, low- interest financing that is available to property owners for energy conservation and renewable energy projects such as solar and geothermal heating and cooling. Where the potential energy cost savings of these measures are greater than the loan costs, NY State law authorizes PACE financing to be repaid on property tax bills,. PACE provides both immediate and long term benefits to property owners and stabilizes the municipality's building stock while keeping more money circulating in the local economy. It's advantages to property owners include inexpensive financing that can eliminate or greatly reduce up -front costs and eliminating the need to maintain ownership of the property for the entire payback period of the loan in order to realize its benefits. Presenter: Joseph M. Del Sindaco, 'Treasurer and Managing Director of the Energy Improvement Corporation (EIC) for Commercial Programs, 914- 302 -7308, and perhaps Mark Thielking, Chairman, EIC Board of Directors, 914 - 960 -9838. EIC has received NYSERDA funding to help municipalities avail themselves of the benefits of PACE financing for property owners within their jurisdiction. EIC currently has a dozen municipal members in New York State and can provide municipalities with sample implementation materials and direct them to sources of PACE financing Date: Monday, March 3, 2104 - an hour ending before 10 AM or starting after noon as EIC will be meeting with Erie County officials in the 10 AM to Noon slot. Participants: Ideally we would like to have key officials from: Mayor's office Common Council Assessment and Taxation Law Management Information Services Office of Strategic Planning & Administration, Finance, Policy and Urban Affairs To be joined by officials from the Sierra Club and the United Steel Workers who have jointly initiated this project. In addition we would like to invite officials from the New York Power Authority (NYPA), PUSH Buffalo, Buffalo Energy, Inc., Buffalo Geothermal, Stieglitz Snyder Architecture and one or two other businesses if that's acceptable to the City. Bill Nowak 2014 02 24 billnowa @mail.com 882 -9237 316 -7674 What is PACE? PACE is Property Assessed Clean Energy, a new and innovative way for commercial property owners to pay for energy efficiency upgrades, on -site renewable energy projects, and water conservation measures. PACE funding is provided or arranged by a local government for 100% of a project's costs, and is repaid with an assessment over a term of up to 20 years. Local government assessment financing has been used efficiently for decades throughout the United States to fund improvements to private property that meet a public purpose. • PACE financing is available for all types of commercial and industrial properties, large and small, and may be available to Non - profits and government facilities as well. • Financing approvals are simple, but PACE projects must be permanently affixed to the property and save money for the Property owner. • Benchmarking, energy audits and evaluations can be used to ensure that projects make sense, but PACE is 100% voluntary. In communities that adopt PACE, assessments are only paid by participating owners, and only for their own projects. PACE is a national initiative, but programs are locally based and tailored to meet local market needs. Visit www.pacenow.org to see if PACE financing is available in your community or learn more about how you can support development of a program. The Opportunity Energy efficiency is the least expensive energy we can buy. In the U.S., buildings alone consume over 40 percent of the energy we use, and roughly 75 percent of all electricity. A 2012 study by the Rockefeller Foundation and DB Climate Change Advisors sees an investment opportunity of nearly $280 billion over the next 10 years that would translate to over S1 trillion in energy savings, over 3 million jobs, and 600 million fewer metric tons of carbon emissions per year. PACE is clearly working because it meets a market need. Property owners see an opportunity to save money and make their buildings more valuable Existing mortgage lenders support projects that meet their clients' objectives and increase the value of their collateral Energy service companies and contractors find PACE can help them make sales Local governments like PACE because it creates jobs, economic activity, and helps meet energy conservation goals Private market investors like PACE because assessment liens are a proven, strong credit Benefits of PACE PACE financing has many features that can uniquely solve barriers to the adoption of energy efficiency measures. 100% financing requires no up =front cash investment Long -term financing (up to 20 years) results in immediate positive cash flow No payoff upon sale because PACE assessments (and energy savings) remain with the property Assessment costs and savings can be shared with tenants PACE can attract a wide range of private investors with low interest rates PACE may be treated as off balance sheet financing Non - recourse, non - accelerating financing PACE programs are local and community members are motivated to engage in outreach and marketing efforts REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT PETITIONS NO. 470 C. CHRISTOPHER, AGENT, USE 2042 NIAGARA, TO CONVERT STORAGE/WAREHOUSE TO AN AUTO REPAIR SHOP IN NIAGARA RIVER COASTAL SPECIAL REVIEW (HRG 03 /11)(NORTH) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 471 A. ABBAS, OWNER, USE 459 ELMWOOD AKA 467 ELMWOOD CONVERT EXISTING RESTAURANT TO A HOOKAH LOUNGE IN THE ELMWOOD AVENUE SPECIAL ZONING DISTRICT (HRG 03 /11)(NIAGARA) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 472 C. MCCAFFREY, AGENT, USE 2611 DELAWARE FOR A FULL -USE LED GROUND SIGN(NO HRG)(DEL) REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND ZONING BOARD OF APPEALS REGULAR COMMITTEES CIVIL SERVICE (RASHEED N.C. WYATT, CHAIRPERSON) NO. 473 APPOINT ASSISTANT CORPORATION COUNCIL I(TEMP)(HOWARD) CCP# 307 14 -0218 Mr. Wyatt moved: That Communication 307 of February 18, 2014, be received and Filed and that the Temporary Appointment of Lauren A. Howard, 434 Starin Avenue, Buffalo, NY 14216 at the Salary of $53,686.00 is hereby approved PASSED AYES 8, NOES 0 NO. 474 APPOINT LABORER II(TEMP)(INTER)(HENSLEY)(CTY CLK) CCP# 317 14 -0218 Mr. Wyatt moved: That Communication 317 of February 18, 2014, be received and Filed and that the Temporary Appointment of David M. Hensley, 2101 W. Ferry, Buffalo, NY 14213 at the Intermediate Salary of $29,018.00 is hereby approved PASSED AYES 8, NOES 0 NO. 476 NOTICES O F APPOINTMENTS - TEMP /PROV /PERM CCP# 320, 14 -02/04 Mr. Wyatt moved: That the above item be the same and hereby is Received and Filed ADOPTED FINANCE (RICHARD A. FONTANA CHAIRMAN) NO. 476 REQUEST FOR APPROVAL FOR ERIE BASIN MARINA RECREATIONAL AND NAUTICAL OPERATIONS AGREEMENT BETWEEN THE CITY OF BUFFALO AND SMITH BOYS, INC. (DPW) (ITEM NO. 305, C.C.P., FEB. 18, 2014) Mr. Fontana moved: That the above item be, and the same hereby is, returned to the Common Council without recommendation; That the Common Council hereby grants permission to the Commissioner of the Department of Public Works, Parks and Streets to enter into a five (5) year contract with a five (5) year renewal period to be mutually agreed upon with Smith Boys, Inc.(or an entity set up by the Smith Boys, Inc. principals) for the Erie Basin Marina Recreational and Nautical Operations, subject to the condition that marine fuel sales prices shall be marked up not more than twenty -five cents more than the vendor's cost per gallon for such fuel. The provider was chosen through a Request for Proposals (RFP) process. PASSED AS AMENDED AYES 8, NOES 0 NO. 477 ORDINANCE AMENDMENT - SUBDIVISION 495 -34 OF SECTION 175.1 OF CHAPTER 175 OF THE CODE OF THE CITY OF BUFFALO - SLIP RENTAL FEE, ERIE BASIN MARINA (ITEM NO. 423, C.C.P., FEB. 18, 2014) Mr. Fontana moved: That the above item be, and the same hereby is returned to the Common Council with a recommendation that it be approved; That Section 175.1 of Chapter 175 of the Code of the City of Buffalo be amended by amending Subdivision 495 -34 as specified in the attached Ordinance Amendment. PASSED AYES 8, NOES 0 NO. 478 EXPLORING PARTICIPATORY BUDGETING IN THE CITY OF BUFFALO (ITEM NO. 107, C.C.P., NOV. 26, 2013) Mr. Fontana 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 wishes to explore opportunities to introduce Participatory Budget both through the Council's discretion and the City's budgeting process; and that copies of this resolution be sent to the appropriate committee and to the Commissioner of Public Works, Parks, and Streets, the Commissioner of Administration and Finance, and the Director of the Office of Strategic Planning to begin the discussions necessary to facilitate Participatory Budgeting in the City of Buffalo. ADOPTED NO. 479 REQ CITY COMPTROLLER'S OFFICE AUDIT THE MANAGEMENT OF THE MARINE DRIVE APTS(EXC RESOLVES) CCP# 98 10 -7/20 Mr. Fontana moved: That the above item be the same and hereby is Received and Filed ADOPTED COMMUNITY DEVELOPMENT (JOSEPH GOLOMBEK, JR., CHAIRMAN) NO. 480 REPORT OF COMMISSION - 69 PHYLLIS (UNIV)(STRAT PLAN) (ITEM NO. 286, C.C.P., FEB. 18, 2014) Mr. Golombek moved: That the above item be, and the same hereby is, returned to the Common Council with a recommendation for approval; That the Common Council hereby approves a commission to be paid in the amount of $500.00 to Hunt Real Estate on behalf of Carmen C. Frisicaro, the representative of Ms. Sandra De Jesus in the sale of 69 Phyllis. PASSED AYES 8, NOES 0 NO.481 REPORT OF SALE - 103 SPRUCE (ELL)(STRAT PLAN) (ITEM NO. 287, C.C.P., FEB. 18, 2014) Mr. Golombek moved: That the above item be, and the same hereby is, returned to the Common Council with a recommendation for approval; That the offer from Mr. Thomas H. Burton, President of Tatanka Development Company, Inc., 403 Main Street, Suite 716, Buffalo, New York 14203, in the amount of Two Thousand Three Hundred Dollars ($2,300.00) for the purchase of 103 Spruce, 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 8, NOES 0 NO. 482 REPORT OF SALE - 82 WOHLERS (ELL)(STRAT PLAN) (ITEM NO. 288, C.C.P., FEB. 18, 2014) Mr. Golombek moved: That the above item be, and the same hereby is, returned to the Common Council with a recommendation for approval; That the offer from Ms. Patricia Hawkins, 1164 East Ferry Street, Buffalo, New York 14211, in the amount of Three Thousand Dollars ($3,000.00) for the purchase of 82 Wohlers, 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 8, NOES 0 NO. 483 CHICKEN LICENSE COMPLAINT AND APPLICATION - 33 HELEN STREET (NIA)(CTY CLK) (ITEM NO. 29, C.C.P., OCT. 29, 2013) Mr. Golombek moved: That the above item be, and the same hereby is returned to the Common Council with a recommendation for approval; That pursuant to Section 341 of the City of Buffalo Charter, the City Clerk is authorized to issue a Chicken License to Joshua McClain and Maria Eleg for the property located at 33 Helen Street for the maintenance of a chicken coop for a maximum of five (5) chicken hens PASSED AYES 8, NOES 0 LEGISLATION (CHRISTOPHER P. SCANLON, CHAIRMAN) NO. 484 RESTRICTED USE PERMIT -69 W. CHIPPEWA(2 /20 /14)(ELL)(CTYCLK) (C.C.P #14 -311, FEB 18) Mr. Scanlon now moves that the above item be Received and Filed. ADOPTED NO. 486 RESTRICTED USE PERMIT - 69 W. CHIPPEWA (ELL) (CITY CLK) (ITEM NO. 312, C.C.P., FEB. 18, 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 application for a restricted use permit in the downtown entertainment review district to permit entry of patrons under the age of 21 where alcohol is served at an event to occur on March 6, 2014 is hereby approved. PASSED AYES 8, NOES 0 NO. 486 CENTER FOR EMPLOYMENT OPPORTUNITIES - ECONOMIC IMPACT REPORT (C.C.P #14 -322, FEB 18) Mr. Scanlon now moves that the above item be Received and Filed. ADOPTED NO. 487 M. PETRILLO, OWNER, USE 1368 HERTEL TO CREATE FRONT AND LEFT SIDE SIDEWALK PATIOS TO A SIT IN RESTAURANT (DEL)(DPIS) (ITEM NO. 335, C.C.P., FEB. 18, 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 pursuant to Section 511.59F of the City of Buffalo Code, the Common Council hereby approves the application of M. Petrillo, Owner, to create front and left -side sidewalk patios to a sit -in restaurant located at 1368 Hertel. PASSED AYES 8, NOES 0 NO. 488 J. SMITH, AGENT, USE 739 ELMWOOD TO EXPAND EXISTING RESTAURANT IN THE ELMWOOD AVENUE SPECIAL ZONING DISTRICT (DEL)(DPIS) (ITEM NO. 336, C.C.P., FEB. 18, 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. Smith, Agent, to expand an existing restaurant in the Elmwood Avenue Special Zoning District by using an at grade outdoor patio on private property /at the rear of the building as per scanned survey /drawing upon the following conditions: - Revisit application in 1 year -close weekdays 9:00 pm -Close weekends 10:00 pm - Provide landscaping plan PASSED AYES 8, NOES 0 NO. 489 L. DESIDERIO, AGENT, USE 1816 CLINTON STREET TO OPEN AN EXISTING TAKE -OUT RESTAURANT IN THE CLINTON STREET SPECIAL ZONING DISTRICT (DEL)(DPIS) (ITEM NO. 337, C.C.P., FEB. 18, 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 L. Desiderio, Agent, to open an existing take -out restaurant located at 1816 Clinton Street in the Clinton Street Special Zoning District under new management. PASSED AYES 8, NOES 0 NO. 490 W. YU, OWNER, USE 185 LANG FOR A GROUND SIGN AND TWO ILLUMINATED SIGNS (LOV)(DPIS) (ITEM NO. 338, C.C.P., FEB. 18, 2014) Mr. Scanlon moved: That that 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 W. Yu, Owner, to place a ground sign and two (2) illuminated signs (1 wall and 1 roof) at 185 Lang. PASSED AYES 8, NOES 0 No. 491 M. Vaccaro, Owner, Use 1735 Hertel, to Continue the Use of a Restaurant in the Hertel Avenue Special Zoning District (Del)(Strat Plan) (Item No. 340, C.C.P., Feb. 18, 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 M. Vaccaro, Owner, to continue the use of a restaurant at 1735 Hertel Avenue in the Hertel Avenue Special Zoning District under new management. PASSED AYES — 8 NOES — 0 NO. 492 P. STRADA, AGENT, USE 663 EAST FERRY FOR A POIE SIGN (MASTEN)(DPIS) (ITEM NO. 341, C.C.P., FEB. 18, 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 pursuant to Section 387.19 of the City Charter, the Common Council hereby approved the application of P. Strada to erect an illuminated pole sign "ID" (5'X 10') and an illuminated wall sign "ID" (3'9" X 26) for "Dollar General" at 663 East Ferry. PASSED AYES — 8 NOES - 0 NO. 493 FOOD STORE LICENSE (NEW) - 243 WALDEN (FILL)(DPIS) (ITEM NO. 401, C.C.P., FEB. 18, 2012) 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 Commissioner of Permits and Inspections Services is hereby authorized pursuant to Chapter 194 of the City Code to issue a Food Store License to Mohamed Alghazali d /b /a Badr Super Market located at 243 Walden upon the following conditions: -HOURS OF OPERATIONS SHALL BE 8:00 AM TO 11 PM SUNDAY- THURSDAY AND 8:3OAM TO MIDNIGHT FRIDAY & SATURDAY -MUST HAVE WORKING SERCURITY CAMERAS INSIDE & OUTSIDE OF STORE AND MUST MAKE TAPES AVAILABLE UPON REQUEST. - NO LOITERING" SIGNS TO BE POSTED AND ENFORECED BY STORE EMPOLOYEES -NO SPRAY PAINTED, HAND PAINTED OR AIR- BRUSHED SIGNAGE OR GRAPHICS ON BUILDING MUST HAVE TRASH RECTABLES OUTSIDE STORE & BE MAINTAINED -NO OUTSIDE SIGNAGE ADVERTISING TOBACCO, GAMBLING (LO OR ALCOHOL -NO SELLING OF LOOSE ITEMS- CIGARE'TTES, DIAPERS, ETC. -NO PAYPHONES OUTSIDE OF STORE -NO BLOCKING OF WINDOWS -ALL MECHANICAL EQUIPMENT MUST BE IN WORKING ORDER -ANY BROKEN WINDOWS MUST BE REPAIRED WITH 72 HOURS -NO SMOKING IN BUILDING -ANY GRAFITTI MUST BE REMOVED WITH 72 HOURS -NO VECHICLES TO BE PARKED ON SIDEWALKS PASSED AYES 8, NOES 0 NO. 494 W. THYGESEN, OWNER, TO USE 524 KENMORE TO PLACE A GROUND SIGN (UNIV)(DPIS) (ITEM NO. 204, C.C.P., FEB. 4, 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 W. Thygesen, Owner, to place a ground sign at 524 Kenmore. PASSED AYES — 8 NOES - 0 NO. 496 D. SMITH - ARTICLE RAISE THE AGE CRIMINAL RECOGNITION NY (C.C.P #13 -52, DEC 10) Mr. Scanlon now moves that the above item be Received and Filed. ADOPTED NO. 496 M. JAMIL, OWNER, TO USE 1330 NIAGARA TO CONVERT THE REAR PORTION OF A TWO -STORY MASONRY BUILDING FOR AN AUTO DETAIL /CUSTOMIZING SHOP WITH SPRAY BOOTH IN THE NIAGARA RIVER COASTAL REVIEW DISTRICT (NIA)(DPIS) (ITEM NO. 62, C.C.P., NOV. 26, 2013) Mr. Scanlon moved: That the above item be, and the same hereby is, returned to the Common Council without recommendation; That the Common Council hereby approves the application of M. Jamil, Owner of 1330 Niagara t convert the rear portion of a two (2) story masonry storage /retail building for an auto detail /customizing shop with spray booth in an M -1 zoning district in the Niagara River Coastal Review District. PASSED AYES — 8 NOES - 0 NO. 497 RESTRICTED USE PERMIT -69 W. CHIPPEWA- 11/14/2013(CTYCIK) (C.C.P #13 -64, SEPT 17) ( #52,9/3) Mr. Scanlon now moves that the above item be Received and Filed. ADOPTED NO. 498 ANNUAL REPORT OFFICE OF TELECOM MUNICATIONS(PW) (C.C.P #13 -21, APR 16) Mr. Scanlon now moves that the above item be Received and Filed. ADOPTED NO. 499 STRENGTHENING PROBLEM PROPERTY ENFORC. BY AMENDING CH 341 OF THE CITY CODE(EXC RES) ( #10 -99 JULY 6) Mr. Scanlon now moves that the above item is hereby referred to the Housing Committee of the Buffalo Common Council. ADOPTED NO. 500 ORD AMEND -CH 264, RENTAL DWELLING UNIT REGISTRATION ( #11 -98 MAY 17) Mr. Scanlon now moves that the above item is hereby referred to the Housing Committee of the Buffalo Common Council. ADOPTED RESOLUTION NO. 501 BY: MR. FONTANA RE: FEE WAIVER FOR HEAD EAST CABIN FEVER IDES OF MARCH COMMUNITY DAY Whereas There tend to be very few opportunities for community events between the end of the holiday season and spring, when the weather m Buffalo is at its coldest and dreariest; and Whereas The Head East Civic Club has organized a free community event for the Lovejoy community called the Cabin Fever !des of March Community Day; and Whereas this event is scheduled for Saturday March 15 at the Hennepin Community Center, and will feature music, entertainment, games, and light refreshments for the children and families of Lovejoy; and Whereas The members of the Head East Civic, Club are volunteers who are organizing the event and providing all music, entertainment, and refreshments through their own personal means Now, Therefore, Be It Resolved: The Common Council hereby requests the Department of Public Works Division of Parks to waive any and all fees associated with the usage of the Hennepin Community Center for the Cabin Fever Ides of March Community Day event. PASSED AYES — 8 NOES - 0 NO. 502 BY: MR. FRANCZYK RE: POTHOLE PLAN WHEREAS: Due to the especially cold weather this winter, with its periodic freezes and thaws, potholes have proliferated in great abundance throughout the city; and, WHEREAS: Potholes are a threat to public safety and a danger to motorists and pedestrians alike; and, WHEREAS: Potholes are the cause of accidents, injury to people, and damage to tires and vehicles costing thousands of dollars; and, WHEREAS: The city's pledge to fill every pot hole within 72 -hours is surely stretched to the limit with the high number of potholes, some of them appearing to be mini - crevices; and, WHEREAS: Citizens have been calling 311, Council offices and Public Works reporting many of these devastating potholes, but many still remain, some seemingly out there for extended periods of time, despite the hard - working efforts of the department; and, WHEREAS: There are still numerous weeks of freezing and thawing weather left in the season that will no doubt lead to more potholes; NOW THEREFORE BE IT RESOLVED: That the Department of Public Works give the Common Council and public an update on its campaign against the pothole problem in the city and discuss whether there is need for a new or different plan to tackle the problem. BE IT FURTHER RESOLVED: That the Public Works department discuss the efficiency in using quick "cold patch" temporary measures, as well as long -term more permanent techniques for filling potholes, including any new techniques or strategies that could be employed. BE IT FINALLY RESOLVED: That the Department of Public Works inform the Council if there are sufficient resources in equipment and funding to tackle the pothole problem more effectively. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT AND THE COMMISSIONER OF PUBLIC WORKS PARKS AND STREETS NO. 503 BY: MR. GOLOMBEK RE: PUBLIC FINANCING FOR CITY OF BUFFALO ELECTIONS Whereas: For Democracy to work citizens must believe that the political system is based on a fair and level playing field; and Whereas: Many citizens do not believe that their voices are being heard and that their concerns are being addressed by elected leaders; and Whereas: The declining rate of citizens voting in elections serves as proof that many people have lost faith in the democratic process and the belief that their vote matters; and Whereas: Without a doubt campaign contributions influence access to elected officials and the legislation they propose or pass; and Whereas: Elections should be about ideas for a better future and not about which candidate has the most money; and Whereas: Elections should provide citizens the opportunity to hear from a diverse range of candidates seeking their votes in competitive races; and The biggest barrier for people interested in running for public office is money; Whereas: Educating citizens about a candidate requires money for signs, mailings, radio and television; and Whereas: Incumbent elected officials have significant advantages in an election due to their name recognition, access to political parties, media, money and volunteers who are often in patronage positions; and Whereas: When incumbents don't have realistic competition, citizens lose the opportunity to have choices for their votes and the opportunity to hear new ideas; and Whereas: In 1988, New York City amended their City Charter and implemented public financing for all city elected offices: and Whereas: New York's public financing program is voluntary but 90 percent of city candidates typically agree to participate. In an effort to encourage smaller donations, New York City matches each dollar a resident gives, up to $175 per contributor, with $6 in public funds, for a maximum of $1,050 in public funds per contributor. Under New York's system a $20 contribution to a participating candidate is worth $140 the initial contribution plus $120 in matching funds. A $100 contribution turns into $700 for the candidate; and Whereas: As such, matching funds can turn small house parties into big - dollar fundraisers. That means candidates can build competitive campaigns with grassroots support even without access to wealthy donors or the support of special interest groups; and Whereas: A study by the Brennan Center for Justice and the Campaign Finance Institute confirmed the success of the city's program in bringing small donors into the mix; and Whereas: More than half of all New York City candidates in 2009 were seeking office for the first time. As candidates seek small donations, they encourage more New Yorkers to get involved in city elections. More than half of all contributors in the 2009 elections were donating for the first time. These first -time donors overwhelmingly made small contributions: More than 80 percent gave $175 or less; and Whereas: A dozen cities and counties around the nation have adopted public financing programs including Albuquerque, New Mexico; Portland, Oregon; Tucson, Arizona; Austin, Texas; Boulder, Colorado; Dade County, Florida; Long Beach, Los Angeles, Sacramento, and San Francisco, California; and Whereas: A coalition of organizations is seeking to implement a public financing system, similar to what is in place currently in New York City for state elected positions; and Whereas: The following organizations support implementing publicly financed elections at the state level: Citizen Action, Common Cause, League of Women Voters, NAACP, PUSH - Buffalo, Buffalo Teachers Federation, UAW Region 9, Working Families Party, the Coalition for Economic Justice, and Governor Andrew Cuomo; and Whereas: While efforts are being made to implement public financing of elections at the state level, the same can and should be done for City of Buffalo elections; and Whereas: According to research done by the Center For Reinventing Government, in the 2011 Buffalo Common Council elections, only four out of nine Councilmembers had a primary challenge, and not a single councilmember had a contest in the November general election on a major party line. The four incumbents who had challengers raised an average of $24,264, while their opponents raised an average of$1,117; and Now Therefore Be It Resolved That the Buffalo Common Council does hereby support implementing a public financing system for city elected positions, similar to what currently exists in New York City. Be It Further Resolved That a Committee of citizens consisting of one representative (representative must be a city of Buffalo resident) of each the following organizations be appointed: Buffalo Niagara League of Women Voters Citizen Action New York Leadership for Accountable Government Partnership for the Public Good PUSH Buffalo Public Accountability Imitative Common Cause National Association for the Advancement of Colored People Hispanic Heritage Council of WNY Be It Finally Resolved That the above mentioned Committee will select a chair among their members and will work with and recommend to the City Corporation Counsel language to include in legislation for the Council to review and approve regarding the creation and establishment of a public financing election system for the positions of Mayor, Comptroller and Councilmember. In particular the Committee will work with and recommend to the Corporation Counsel language regarding: Campaign spending limits Requirements candidates must meet in order to receive public funds Public matching fund amounts and limits Forming a Campaign Finance Board How to fund a public finance system Joseph Golombek, Jr. REFERRED TO THE COMMITEE ON LEGISLATION NO. 604 BY: MR. GOLOMBEK DATE: MARCH 4, 2014 CLUB 49'ER ANNUAL EASTER EGG HUNT -- WAIVE FEES Whereas The Club 49'ers are a social group that meets in the Riverside section of the City of Buffalo and Whereas Since their founding, the Club 49'ers have had a commitment to community service; and Whereas The Club 49'ers have conducted an annual Easter Egg Hunt for the children and families of the Riverside and Black Rock communities for many years; and Whereas This year the annual Club 49'ers Easter Egg Hunt will take place on Saturday, April 19, 2014 in Riverside Park; and Whereas The annual Easter Egg Hunt is a free event and all activities are free for the community; Now, Therefore be it Resolved: That the Common Council of the City of Buffalo does hereby approve waiving all fees associated with the Club 49'ers annual Easter Egg Hunt for Saturday, April 19, 2014, at Riverside Park; and Be it Further Resolved: That copies of this resolution be sent to the Department of Public Works Parks & Streets and the Corporation Counsel. PASSED AYES — 8 NOES — 0 NO. 606 BY: COUNCIL PRESIDENT PRIDGEN SETPUBLIC HEARING 1666 MAIN STREET IRR SUPPLY CENTERS, INC., REDEVELOPER WHEREAS, Irr Supply Centers, Inc. and /or other legal entity to be formed (herein referred to as the "Redeveloper ") has been duly designated as qualified and eligible Redeveloper in accordance with the rules and procedures prescribed by the City of Buffalo Urban Renewal Agency; and WHEREAS, the City of Buffalo Urban Renewal Agency and the Redeveloper has negotiated a Land Disposition Agreement for 1556 Main Street; and WHEREAS, the terms of said Land Disposition Agreement have been approved by the City of Buffalo Urban Renewal Agency; and WHEREAS, said Land Disposition Agreement has been forwarded by the City of Buffalo Urban Renewal Agency to this Common Council for action, pursuant to section 507, subdivision 2(d) of the General Municipal Law; and WHEREAS, Article 15A of the "General Municipal Law" requires that the disposition of land in an Urban Renewal Project may be approved only after a public hearing on due notice: NOW, THEREFORE, BE IT RESOLVED: 1. That the City Clerk is hereby directed to publish the notice attached hereto and marked "Notice of Hearing" in the Buffalo News, no later than the 8th day of March 2014. 2. That this Common Council will conduct a Public Hearing on the matter stated in said "Notice of Hearing" at 2:00 P.M. in the Council Chambers on the 18th of March 2014. ADOPTED NO. 506 BY: COUNCIL PRESIDENT PRIDGEN LAND DISPOSITION AGREEMENT 1556 MAIN STREET IRR SUPPLY CENTERS, INC. WHEREAS, the City of Buffalo Urban Renewal Agency has duly designated Buffalo City Mission and /or other legal entity to be formed as qualified and eligible Redeveloper in accordance with rules and procedures duly adopted by the Agency; and WHEREAS, the City Clerk has published a Notice of Public Hearing, as required by Section 507, Subdivision 2(d) of the "General Municipal Law" and WHEREAS, the proposed Land Disposition Agreement has been duly submitted to this Common Council by the Buffalo Urban Renewal Agency; and NOW, THEREFORE, BE IT RESOLVED: 1. Irr Supply Centers, Inc. and /or other legal entity to be formed was duly designated as qualified and eligible Redeveloper by the City of Buffalo Urban Renewal Agency, is hereby approved as the Redeveloper of 1556 Main Street. 2. That the Mayor, the Chairman, Vice - Chairman, or any officer of the Buffalo Urban Renewal Agency is hereby authorized to execute any and all deeds or other documents necessary to convey land described in the proposed "Land Disposition Agreement' to Irr Supply Centers, Inc., as Agent for a LLC to be formed and /or other legal entity to be formed in accordance with the terms of said Agreement and for the consideration recited therein. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 507 BY: MR. SCANLON RE: DISCHARGE LEGISLATION COMMITTEE ITEM #13 -65, C.C.P. DEC. 23, 2013 "FOOD STORE LICENSE (NEW) 2756 BAILEY (MAS)(EDPI) (#22,10/29) (#49, 11/12)( #73, 12/10)" The above item is currently in the Legislation Committee; and It is no longer necessary for this item to be considered by that committee; Now, Therefore Be it Resolved: That this Common Council does hereby discharge the Legislation Committee from further consideration of Item # 13 -65, C.C.P. Dec. 23, 2013 "Food Store License (New) 2756 Bailey (Mas)(EDPI) ( #22, 10/29) ( #49, 11/12)( #73, 12/10)" and said item is now before the Common Council for its consideration. ADOPT DISCHARGE.. APPROVED WITH THE ATTACHED CONDITIONS "NO LOITERING" SIGNS TO BE POSTED NO PAYPHONES OUTSIDE OF STORE NO OUTSIDE SIGNAGE ADVERTISING TOBACCO, GAMBLING(LOTTERY) OR ALCOHOL NO SPRAY - PAINTED OR AIR - BRUSHED SIGNAGE ON BUILDING ANY GRAFITTI MUST BE REMOVED WITHIN 72 HOURS ALL MECHANICAL EQUIPMENT MUST BE IN WORKING ORDER NO SELLING OF LOOSE CIGARETTES NO VEHICLES TO BE PARKED ON SIDEWALKS NO BLOCKING OF WINDOWS NO ALCOHOL UNLESS APPROVED BY DISTRICT COUNCIL OFFICE HOURS OF OPERATIONS SHALL BE 9AM TO 11 PM ANY BROKEN WINDOWS MUST BE REPAIRED WITH 72 HOURS NO SMOKING IN BUILDING STORE OWNERS ARE REQUIRED TO ATTEND NEIGHBORHOOD ASSOCIATION MEETINGS PASSED W /COND AYES — 8 NOES — 0 NO. 508 BY CHRISTOPHER SCANLON WAIVE EVENT FEES FOR THE 2 ND ANNUAL BULLY FREE 5K AT LORRAIGNE ELEMENTARY WHEREAS, Chapter 175 of the Code of the City of Buffalo establishes a schedule of fees that are to be charged with respect to licenses, permits, and activities required or regulated under the provisions of various chapters of the Code; and WHEREAS, The 2 nd Annual Bully Free 5k at Lorraine Elementary will take place on Friday May 30, 2014, with the 1 Mile Fun Walk starting at 6:15pm and the run starting at 6:30pm; and WHEREAS, This event is community oriented and proceeds will go to Anti - Bullying Programs at Lorraine Elementary; and WHEREAS, This event is open to the public and will help to end the bullying epidemic in the United States; and NOW, THEREFORE, BE IT RESOLVED, That the Common Council of the City of Buffalo respectfully requests that the Department of Special Events, Department of Permits & Inspections, and the Department of Public Works waive all fees applicable the 2 nd Annual Bully Free 5k at Lorraine Elementary; and BE IT FURTHER RESOLVED, That the City Clerk forward a copy of this resolution to the Commissioners of the Departments of Permits & Inspections, Public Works, and Special Events PASSED AYES — 8 NOES — 0 NO. 509 BY CHRISTOPHER P. SCANLON WAIVE EVENT FEES FOR OUR LADY OF CHARITY FEAST OF THE ASSUMPTION MASS AND ICE CREAM SOCIAL AT HEACOCK PARK WHEREAS, Chapter 175 of the Code of the City of Buffalo establishes a schedule of fees that are to be charged with respect to licenses, permits, and activities required or regulated under the provisions of various chapters of the Code and WHEREAS, The annual Our Lady of Charity Feast of the Assumption Mass and Ice Cream Social will take place on Friday, August 15, 2014 at 7pm at Heacock Park between Abbott Road, McKinley Parkway, and Southside Parkway; and WHEREAS, The mass is an annual event open to all members of the community. The ice cream social following mass provides neighbors with the opportunity to socialize and strengthen relationships throughout the community; and WHEREAS, The Annual Our Lady of Charity Feast of the Assumption Mass and Ice Cream Social at Heacock Park is not for profit and dependent upon the tireless work of volunteers NOW, THEREFORE, BE IT RESOLVED, That the Common Council of the City of Buffalo respectfully requests that the Department of Special Events, Department of Public Works, and the Department of Permits and Inspections waive all fees applicable for the Our Lady of Charity Feast of the Assumption Mass and Ice Cream Social at Heacock Park; and BE IT FURTHER RESOLVED, That the City Clerk forward a copy of this resolution to the Commissioners of the Departments of Permits & Inspections, Public Works, and Special Events. PASSED AYES — 8 NOES - 0 NO. 510 BY: MR. SCANLON RE: WAIVE SPECIAL EVENT PERMIT FEE FOR 2014 ST. PATRICK'S DAY PARADE Whereas The St. Patrick's Day Parade, founded in 1940 by the United Irish American Association, is held every year; and Whereas The St. Patrick's Day Parade takes place on Delaware Avenue, beginning at Buffalo's City Hall and ending at North Street; and Whereas This year, the St. Patrick s D y Parade will be held Sunday March 16th; and Whereas The St. Patrick's Day Parade features a variety of marchers, including: civic organizations, politicians, community organizations, Irish step dancers, school bands, and many more; and Whereas The St. Patrick's Day Parade draws thousands of people into downtown Buffalo; and Whereas The large cost and production of the St. Patrick's Day Parade is undertaken by the United Irish American Association, volunteers, and community supporters. Now, Therefore, Be It Resolved: That the Common Council hereby requests that the Office of Special Events waive the Special Events Permit Fee for the 2014 St. Patrick's Day Parade; and Be It Further Resolved: That a copy of this resolution be forwarded to Ms. Kimberly Trent, Director of the Office of Special Events. PASSED AYES — 8 NOES — 0 NO. 511 BY: MAJORITY LEADER DEMONE A. SMITH RE: CONDEMNATION OF 1507 JEFFERSON AVENUE Whereas: The building at 1507 Jefferson Avenue in the City of Buffalo sits in neglect by an absentee landlord located nearly 900 hundred miles away, and; Whereas: 1507 Jefferson has been the site of illegal dumping of trash and debris, and; Whereas: The property is an eyesore that now brings down the value of a neighborhood, and; Whereas: The City is constantly tasked with the expense of time and money to board up the windows and entrances of the property, as well as removing trash from the site: Now therefore be it resolved, That the City of Buffalo Common Council, pursuant to §27 -14 of the City Charter, votes to condemn the building located at 1507 Jefferson Avenue in the City of Buffalo and directs The Corporation Council to begin the condemnation process. ADDPTED NO. 512 BY MAJORITY LEADER DEMONE A. SMITH, COUNCILMEMBER RICHARD FONTANA ERIE COUNTY DEPARTMENT OF HEALTH LEAD INSPECTIONS FEBRUARY 18, 2014 WHEREAS: The 14215 zip code encompasses the Masten, University & Lovejoy Districts. 49% of Homes are owner occupied 51% are renter occupied. Majority of the population are median home value in $58, 700 and median resident age is thirty years old. The majority of child lead poisoning takes place inside of homes and not outside; and WHEREAS: All homes built before t970 have lead paint, 70.8% of the housing stock in the City of Buffalo were erected in 1969 or earlier; and WHEREAS: Erie County inspectors have begun and continue to do blanket lead test on all homes in the 14215 zip code district whether the homes had children residing in them or not, nor did they do inside lead testing where most lead contamination takes; and WHEREAS: These inspections by the Erie County Health Department sparked tremendous stress and outrage by residents due to inaccurate communication and an inaccurate client database used in notifying the residents. In addition to the lead -based training required for remodeling and renovations, the cost for the training is five hundred dollars which will create a hardship for residents and a six hour class; and WHEREAS: On January 29, 2014 the Comstock Block Club had a meeting with the Erie County Health Department in which they acknowledged using a flawed notification process and continues to do outside inspections of every single home regardless of having children, in the middle of winter, a short response time and possibly clogging up Housing Court; and WHEREAS: Seniors who are not in the immediate purview of lead poisoning are getting written up for lead exposure, given twelve page documents to read and forms to fill out and sit in a six hour class because of blanket inspections; and WHEREAS: Realtors have expressed concern of this blanket inspection and notification of a whole zip code located primarily in the East Side will de- value an entire neighborhood. No initial warning or communication; was being done, sparking fears of a Gentrification for this East Side community; NOW: THEREFORE BE IT RESOLVED, The Buffalo Common Council requests that lead inspections performed by the Erie County Department of Health be halted until a better process is put in place, further investigation is performed to identify financial resources for residents to assist with training and provide a better process in which to notify residents. NOW: THEREFORE BE IT FINALLY RESOLVED, That this resolution be forwarded to the Commissioner of Erie County Department of Health, Erie County Executive Mark Poloncarz, Erie County Legislator Chairperson Betty Jean Grant and the HUD Buffalo Field Office ADOPTED NO. 513 BY: MAJORITY LEADER DEMONE A. SMITH SUPPORT FOR RAISING THE AGE OF CRIMINAL RESPONSIBILITY IN NYS Whereas: Research into brain development underscores that adolescents are in fact children and that their brain has not fully developed until the age of 25, and; Whereas: Authorities in New York can arrest and charge children as young as seven years old with acts of juvenile delinquency, and; Whereas: Authorities in New York arrest nearly 50,000 sixteen and seventeen year olds, who will face the possibility of prosecution as adults in criminal court each year, and; Whereas: Youth in adult prisons face the highest risk of sexual assault, and; Whereas: Treating youths as adults in the criminal justice system is a dangerous practice that subjects children to unnecessary physical and emotional abuse, and; Whereas: The abuse that children suffer when incarcerated in adult facilities increases their likelihood to recidivate and goes against the governor's goal of rehabilitating prisoners, and: Whereas: New York is one of only two states in the country that prosecutes all children as adults when they turn sixteen years of age; Now therefore be it resolved, That the City of Buffalo Common Council encourages Governor Andrew Cuomo and the New York State Legislature to reform our state's juvenile justice system by raising the age of criminal responsibility. And be it further resolved, That a copy of this resolution be forwarded to Governor Andrew Cuomo and Assembly the New York State Legislature and the Western New York Delegation. ADOPTED NO. 514 SPONSOR: DEMONE SMITH RE: WAIVE PARK RENTAL AND EVENT FEES FOR MASTEN DISTRICT ANNUAL EASTER EGG HUNT AT MARTIN LUTHER KING JR. PARK WHEREAS, Chapter 175 of the Code of the City of Buffalo establishes a schedule of fees that are to be charged with respect to licenses, permits, and activities required or regulated under the provisions of various chapters of the Code; and WHEREAS, The Masten District Annual Easter Egg Hunt will be held Saturday, April 19, 2014 at 1 lam at Martin Luther King Jr. Park; and WHEREAS, The annual event is open to all children under twelve years of age and members of the community. The Easter Egg Hunt provides a free activity for the children and free services for the adults in the community; and NOW, THEREFORE, BE IT RESOLVED, That the Common Council of the City of Buffalo respectfully requests that the Department of Special Events, Department of Public Works, and the Department of Permits and Inspections waive all fees applicable for the Masten District Annual Easter Egg Hunt at Martin Luther King Jr. Park; and BE IT FURTHER RESOLVED, That the City Clerk forward a copy of this resolution to the Commissioners of Department of Public and Streets, Special Events and Permits & Inspections. PASSED AYES — 8 NOES - 0 NO. 515 SPONSOR: DEMONE SMITH DATE: MARCH 3, 2014 WAIVE PARK RENTAL AND SPECIAL EVENT FEES FOR THE 9 T " ANNUAL SCHOOL #87 REUNION Whereas: Chapter 175 of the Code of the City of Buffalo establishes a schedule of fees that are be charged with respect to licenses and permits and activities required or regulated under the provisions of various chapters of the; and Whereas: The reunion for School #87, a yearly event held at MLK Park, reuniting classes from the years of the school's existence; and Whereas: This yearly event is open to all students of School #87 and their families; and Now, therefore, be it resolved, That the Common Council of the City of Buffalo respectfully requests that the Department of Special Events, Department of Permits and Inspections, and the Department of Public Works waive all fees applicable for the 9 th Annual School #87 reunion at MLK Park; and Be it further resolved, That the City Clerk forward a copy of this resolution to the Commissioners of the Departments of Permits and Inspections. Public Works and Special Events PASSED AYES 8, NOES 0 NO. 516 BY: MR. SMITH COUNCIL MEMBER GOLOMBEK EXCUSED FROM COUNCIL MEETING RESOLVED: That Council Member Joseph Golombek, be and hereby is excused from attendance at the Common Council Meeting of March 4, 2014. ADOPTED NO. 517 SPONSORED BY: RASHEED N.C. WYATT APPOINTMENT OF MONICA LEWIS LEGISLATIVE ASSISTANT Whereas: Monica has shown the capacity and willingness to serve the University District Residents making it a "Safe Place to Live, Learn, Do Business and Raise A Family ". Now, Therefore, Be It Resolved: That the Common Council hereby appoints Monica Lewis to the position of Legislative Assistant in the University District Office ADOPTED NO. 518 BY: UNIVERSITY DISTRICT COUNCIL MEMBER RASHEED N. C. WYATT ESTABLISHMENT OF BUFFALO YOUTH PROMISE ACT ADAPTED FROM (H.R. 1318 & S.1307) DATE: FEBRUARY 26, 2014 Whereas: According to a 2011 National Conference of State Legislatures, youth adjudicated as adults are more likely to recidivate with more serious crimes, than those who are treated as juveniles; and Whereas: NPR's Crime and Punishment Correspondent Laura Sullivan stated, "The average cost of incarceration can be as much as $21,000 - $72,000 per year for an adult inmate "; In a confidential report under Governor David Patterson "Task Force on Transforming the Juvenile Justice System" from December 2009 it states "At the most basic level New York State is spending $210,000 per year to hold a youth in an institutional placement facility; and Whereas: The Youth PROMISE Act (Prison Reduction Through Opportunities, Mentoring, Intervention, Support and Education) builds on local success by empowering communities to develop programs and initiatives to combat juvenile delinquency and street gang activity; and Whereas: The Youth PROMISE Act as proposed in the House and Senate is Legislation that will fund, implement, and evaluate local youth and gang violence prevention and intervention practices; and Whereas: The Act empowers communities to proactively engage in strategies such as mentoring, after - school programs, and crime prevention for youths, which have been proven to reduce crime more effectively and at a substantially lower cost than criminal enforcement and incarceration; and Whereas: Investing dollars upfront to support local and statewide programs in an effort to reduce youth violence and gang activity, will ultimately save taxpayer money and provide much needed resources to combat the ever rising crime statistics of our youth; and. Whereas: Although, organizations like Citizen Action have mobilized to raise the age for juveniles being tried as adults which is noble and appropriate, we must go further; The Governor's approach to help those who are incarcerated to obtain a college education while noble does not go far enough when the state spends billions in incarnation and millions on education; We must do more; and Whereas: If we can spend a Billion for Buffalo in Business Creation then; We must be willing to spend equal or double that in pre -k and early childhood education and other youth activities on the front end to inspire, develop and engage our youth to aspire to greatness before they come across the crooked roads that can cost them their future and thus increase the tax burden on an already over taxed populous; The significant investment on the front end will yield a savings on the back end that is measurable in a reduction in the dropout rate, decrease incarceration rates and reduction in social services cost; Our communities will not move forward without a career and vocationally astute and trained youth workforce. Now, Therefore Be It Resolved: The City of Buffalo Common Council hereby supports the efforts of the House and Senate Youth Promise Act, and look to formulate a Buffalo Promise Act to address the significant issues of high school drop -outs, youth unemployment, crime, and incarceration rates to improve outcomes for our most vulnerable and valuable resources our youth; Our communities cannot move forward without a significant investment in training, focusing and stabilizing our youth and future leaders; and Be It Further Resolved: That this resolution be forwarded to President Obama, Mayor Brown, Erie County Executive, Western New York Federal and State Delegations, Buffalo Board Of Education, Commissioner of Youth Services, HEART Foundation, Citizens Actions Organization, Buffalo Urban League, Buffalo NAACP, Buffalo Promise Neighborhood, Mad Dads Organization, Peace Makers. ADOPTED NO. 519 BY MR. WYATT FELICITATIONS /IN MEMORIAM Attached hereto are Felicitation and In Memoriam Resolutions sponsored by Members of the Common Council as indicated: Felicitation for Black American Veterans By Councilmember Pridgen ADOPTED NO. 520 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. Elizabeth A. Anderson Frank P. D'Orazio Suzann M. Cushman Ronald Deschenes Joel Feroleto Edward Harris Michael Joseph Little Daniel Edward Meyer Justin Mekjean Pamela A. Miles Michael Petrotto Ronald J. Pilozzi Robb M. Poloncarz Michael Reiser Talia Rodriguez Rachel Repka Paul F. Seitz Total: 17 ADOPTED - yA:7ff"11:I4411TITY1 AaI NO. 521 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. Georgette Antecki Kristen Bishop Renee M. Bosilkovski Michaela Carbone James J. Cerroni, Jr. Tameka C. Dixon Paul Hypolite Lisa D. King Brian K. Lewis Conor McMahon Jonathan Mekjean TOTAL: 11 ADOPTED NO. 522 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, March 11, 2014 at 9:45 o'clock A.M. Committee on Finance Tuesday, March 11, 2014 at 10:00 o'clock A.M. Following Civil Service Committee on Rules Tuesday, March 11, 2014 following Finance Committee on Comm. Dev. Tuesday, March 11, 2014 at 1:00 o'clock P.M. Committee on Legislation Tuesday, March 11, 2014 at 2:00 o'clock P.M. (Public Disclaimer): All meetings are subject to change and cancellation by the respective Chairmen of Council Committees. In the event that there is sufficient time given for notification, it will be provided. In addition, there may be meetings set up whereby the City Clerk's Office is not made aware: therefore, unless we receive notice from the respective Chairmen, we can only make notification of what we are made aware. NO. 523 ADJOURNMENT On a motion by Mr. Smith, Seconded by Mr. Franczyk, the Council adjourned at 3:14 PM GERALD A. CHWALINSKI CITY CLERK March 4, 2014