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HomeMy WebLinkAbout14-0218NO. 4 PROCEEDINGS OF THE CITY OF BUFFALO FEBRUARY 18, 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 Feb 18, 2014 FINAL MAYOR MAYOR - EXECUTIVE 284- 1. Cit Serv- Submission of Monthly Report January 2014 R &F 285- 2. Pres Bd- Recommendation Application for Landmark Status Willert Park Courts AKA AD Price Courts -373 Spring St(Pub Hrg 2/25) LEG 286- 3. Strat Plan- Report of Commission 69 Phyllis(Univ) CD 287- 4. Strat Plan- Report of Sale 103 Spruce(Ell) CD 288- 5. Strat Plan- Report of Sale 82 Wohlers(EII) CD COMPTROLLER 289- 6. Certificate of Necessity- Increased Approp -PW R &F 290- 7. Audit Report on the Erie Basin Marina 2013 Season FIN 291- 8. Independent Accountants' Report on Common Council's Payroll Procedures R &F 292- 9. Letter to Management from Independent Auditors R &F 293- 10. Popular Annual Financial Report R &F COUNCIL PRESIDENT 294- 11. Apollo Theatre Tour R &F 295- 12. Concerns Identifying Police Cars /Suggested Answer LEG 296- 13. Info Sheet Re Responsibilities of Lead Agency with SEQRA R &F 297- 14. Proposed Academic Bldg ECC North Campus CD 298- 15. Office Space for the Independent Producers Alliance CD PUBLIC WORKS 299- 16. Notification Serial #10650(waive 45 days) R &F 300- 17. Notification Serial #10693- 10697(waive 45 days) R &F 301- 18. Bequest from Arline McConnell COB Animal Shelter(Ell) APP 302- 19. Increase in Encumbrance Contract -Mark Cerrone, Inc. Cars on Main St 500 Blk APP 303- 20. Permission to Enter Agmt with FHWA and NYSDOT- Bridge Maint Prog APP 304- 21. Report of Bids Schiller Pk CC Rehab Proj CDBG Funded YR 38 APP 305- 21A. Request App Erie Basin Marina Recreational & Nautical Operations Agmnt COB and Smith Boys, Inc. FIN CORPORATION COUNSEL 306- 22. Approval of Contract LaSalle Ambulance d /b /a Rural Metro for the Provision of Emergency Medical Services APP 307- 23. Appoint Asst Corporation Counsel I(Temp)(Howard) CS PERMITS AND INSPECTIONS 308- 24. Used Car Dealer -835 Sycamore(Fill) LEG ADMINISTRATION AND FINANCE 309- 24A. 2 NU Quarter Gap FIN PARKING 310- 25. Towing Contracts APP CITY CLERK 311- 26. Restricted Use Permit -69 W. Chippewa(2 /20 /14)(EII) LEG 312- 27. Restricted Use Permit -69 W. Chippewa(3 /6 /14)(EII) LEG 313- 28. Restricted Use Permit -69 W. Chippewa(3 /20 /14)(EII) LEG 314- 29. Liquor License Applications R &F 315- 30. Leaves of Absence R &F 316- 31. Appoint Assistant Leg Aide North District(Mazgajewski) ADOPT 317- 32. Appoint Laborer II(Temp)(Inter)(Hensley) CS 318- 33. Notices of Appointments - Council Interns ADOPT 319- 34. Notices of Appointment - Seasonal R &F 320- 35. Notices of Appointments- Temp /Prov /Perm CS MISCELLANEOUS 321- 36. J. Adler -M. Grisanti - Legislation Cracking Down on Puppy Mills R &F 322- 37. Center for Employment Opportunities- Economic Impact Report LEG 323- 38. LP Ciminelli -Board Packet Documents - February 2014 R &F 324- 39. M. Denea- Concerns JN Adam Campus Perrysburg, NY CC 325- 40. D. Franczyk- Conditions Food Store Licenses in Fillmore District ADOPT 326- 41. K. Johnson - Kenmore Proposed LL- Create an Educational Use District R &F 327- 42. K. Johnson - Kenmore Proposed LL -Auth Creation of Planned Unit Dev District R &F 328- 43. NYSDEC - Brownfield Cleanup Program -300 Ohio St R &F 329- 44. NYSDEC- Remedy Proposed to Address Contamination -1318 Niagara R &F 330- 45. C. Scanlon -T. Barrett - Concerns Deputy Comm Joseph Tomizzi CC,HR 331- 46. D. Smith -D. Pridgen- Sponsor the 2 nd Construction Career Fair R &F 332- 47. D. Smith -D. Pridgen- Request Items be Referred to the Housing Comm R &F 333- 48. D. Ulatowski - Cktg -SEQR Sunoco -432 Dingens St CPBD 334- 49. US Dept of Transp- Response NY Gateway Connection Imp Project CD PETITIONS 335- 50. M. Petrillo, Owner, Use 1368 Hertel to Create Front and Left Side Y�1 3► 16X9[�7►:�6�Ki]�K�7► 1► 1:�:��::�► 69�i]:i::I�K�1�1►[yli► 1��:1►[�Z. yDII �.9�:��1Nh 342- Sidewalk Patios to a Sit In Restaurant (Del) (hrg 02/25) LEG,CPBD 336- 51. J. Smith, Agent, Use 739 Elmwood to Expand an Existing Restaurant 343- 2. In the Elmwood Ave Special Zoning District (Del)(hrg, 2/25) LEG,CPBD 337- 52. L. Desiderio, Agent, Use 1816 Clinton St to Open an Existing Take -Out 344- 3. Rest in the Clinton St Special Zoning District(Del)(hrg 02/25) LEG,CPBD 338- 53. W. Yu, Owner, Use 185 Lang for A Ground Sign and Two Illuminated Signs (Hrg 2 /25)(Lov) LEG,CPBD 339- 54. J. Wingfelder, Agent, Use 785 Main St for a Wall & Ground 345- 4. Sign(Hrg 2/25)(EII) LEG,CPBD 340- 55. M. Vaccaro, Owner, Use 1735 Hertel, Continue the Use of a Restaurant in the 346- 5. Hertel Avenue Special Zoning District(Hrg 2/25)(Del) LEG,CPBD 341- 55A P. Strada, Agent, Use 663 East Ferry for a Pole Sign(no hrg)(Mas) LEG RESOLUTIONS 14 -193 Com 422- 56. Fontana Increased Appropriation -PW APP 423- 56A. Franczyk Ordinance Amend - #495 -34 Slip Rental Erie Basin Marina FIN 424- 57. Franczyk Permission to Hang Flags Along Old Neighborhood 7. 14 -153 Com Parade Route APP 425- 58. Franczyk, etc Waive Special Event Permit Fee for "Old Neighborhood" 8. 14 -250 Com St. Patrick's Day Parade APP 426- 59. Golombek Invite Witnesses to Appear Before the Common Council 9. 14 -251 Com Comm on CD ADOPT 427- 59A. Rivera Discharge Legislation- #13 -35 Use 1270 Niagara Convert 10. 14 -252 Com Portion Warehouse /Factory for Micro Brewery and Bond Resolution - Colvin Estates Road Construction Out Door Cafe ADOPT DISCH,APP 428- 59B. Rivera Discharge CD #4 Environmental Justice Concerns Near Phase II(Fontana) Peace Bridge(Rivera) ADOPT DISCH,ADOPT 429- 60. Scanlon Recognize Renaming of Childs Street as Silo City Row ADOPT 430- 60A. Smith Council Member Fontana Excused from Council Meeting ADOPT 14 -254 Com 431- 60B. Smith Electronic Benefit Transfer Cards ADOPT 432- 61. Wyatt Comcast Purchase of Time Warner ADOPT 433- 62. Wyatt Comm of Deeds - Public Duties ADOPT Y�1 3► 16X9[�7►:�6�Ki]�K�7► 1► 1:�:��::�► 69�i]:i::I�K�1�1►[yli► 1��:1►[�Z. yDII �.9�:��1Nh 342- 1. 14 -167 Com Feb 4 Appoint Engineering Inspector(Perm)(Step 11)(Robinson)(PW) APP 343- 2. 14 -168 Com Feb 4 Appoint Meter Reader(Perm)(Step 12)(Berdych)(PW) APP 344- 3. 14 -175 Com Feb 4 Appoint Secretary to Commissioner(Perm)(Exempt) (Lamparelli)(HR) R &F 345- 4. 14 -176 Com Feb 4 Appoint Personnel Specialist II(Perm)(Max)(Lenczyk)(HR) APP 346- 5. 14 -177 Com Feb 4 Appoint Personnel Specialist I(Perm)(Max)(Mclaughlin)(HR) APP 347- 6. 14 -193 Com Feb 4 Notices of Appointments- Temp /Prov /Perm(Cty Clk) R &F FINANCE 348- 7. 14 -153 Com Feb 4 Interfund Loan -EC Historical Soc $530,000 APP 349- 8. 14 -250 Com Feb 4 Bond Resolution - Police Vehicles Purchase(Fontana) APP 350- 9. 14 -251 Com Feb 4 Bond Resolution- Street Vehicle Purchase(Fontana) APP 351- 10. 14 -252 Com Feb 4 Bond Resolution - Colvin Estates Road Construction Phase II(Fontana) APP 352- 11. 14 -253 Com Feb 4 Bond Resolution -Court Street Improvements(Fontana) APP 353- 12. 14 -254 Com Feb 4 Bond Resolution- Infrastructure Improvements- Citywide (Fontana) APP 354- 13. 14 -255 Com Feb 4 Bond Resolution- Kenmore Ave - Partial Reconstruction(Fontana) APP 355- 14. 14 -256 Com Feb 4 Bond Resolution- Niagara St Gateway(Fontana) APP 356- 15. 14 -257 Com Feb 4 Bond Resolution -S. Ogden & Mineral Springs Rehab(Fontana) APP 357- 16. 14 -258 Com Feb 4 Bond Resolution -St Lighting Citywide(Fontana) APP 358- 17. 14 -259 Com Feb 4 Bond Resolution- Traffic Signal Improvements- Citywide (Fontana) APP 359- 18. 14 -260 Com Feb 4 Bond Resolution -W. Ferry Lift Bridge Rehab(Fontana) APP 360- 19. 14 -261 Com Feb 4 Bond Resolution- Broadway Garage Improvements(Fontana) APP 361- 20. 14 -262 Com Feb 4 Bond Resolution - Building Improvements(Env Abatement) (Fontana) APP 362- 21. 14 -263 Com Feb 4 Bond Resolution - Building Planning & Design(Fontana) APP 363- 22. 14 -264 Com Feb 4 Bond Resolution- Caz /Lov Pool Reconstruction(Fontana) APP 364- 23. 14 -265 Com Feb 4 Bond Resolution -City Court Rehabilitation(Fontana) APP 365- 24. 14 -266 Com Feb 4 Bond Resolution -CC Various Sites(Fontana) APP 366- 25. 14 -267 Com Feb 4 Bond Resolution- Downtown Ball Park Imp(Fontana) APP 367- 26. 14 -268 Com Feb 4 Bond Resolution -Bflo Fire Dept Buildings(Fontana) APP 368- 27. 14 -269 Com Feb 4 Bond Resolution- Library Imp(Var)(Fontana) APP 369- 28. 14 -270 Com Feb 4 Bond Resolution -MLK Casino Exterior Imp(Fontana) APP 370- 29. 14 -271 Com Feb 4 Bond Resolution - Police Precinct Renovations(Fontana) APP 371- 30. 14 -272 Com Feb 4 Bond Resolution- Arctic Edge Polar Bear Exhibit(Fontana) APP 372- 31. 14 -273 Com Feb 4 Bond Resolution - Public Arts & Monument Restoration(Fontana) APP 373- 32. 14 -274 Com Feb 4 Bond Resolution -Park Imp- Citywide(Fontana) APP 374- 33. 14 -275 Com Feb 4 Bond Resolution -Tree Removal & Planting(Fontana) APP 375- 34. 14 -276 Com Feb 4 Bond Resolution- Demo's Emergency Conditions - Citywide (Fontana) APP 376- 35. 13 -11 Com Oct 15 Snow Removal Standard Operating Procedure(PW R &F 377- 36. 13 -7 Com Sept 17 Audit Report Contract for Operations Erie Basin Marina -2008 to 2012(Compt) R &F 378- 37. 13 -23 Com Sept 17 Response to Audit Report Re Contract For Operations Erie Basin Marina(PW) R &F 379- 38. 13 -69 No July 9 D. Smith -Draft Ordinance -COB Tax Foreclosure ReForm HOUSING 380- 39. 12 -143 Res Feb 21 Credit Rating and Collection Co Reporting for Abandoned Building Owners HOUSING COMMUNITY DEVELOPMENT 381- 40. 14 -51 Com Jan 21 Report of Sale -487 Dodge(EII)(Strat Plan) APP 382- 41. 14 -54 Com Jan 21 Report of Sale -647 Norfolk(Mas)(Strat Plan) APP 383- 42. 14 -55 Com Jan 21 Report of Sale -680 North umberland(Mas)(Strat Plan) APP 384- 43. 14 -138 Res Jan 21 Hold Independent In -Rem Auction for Demo - Slated Properties(Fontana) HOUSING 385- 44. 13 -45 No Dec 10 J. Golombek - Article Comptroller Wants Non - Profit to Take Over City's Home Repair Program HOUSING 386- 45. 13 -77 Res Dec 10 Hold Independent In Rem Auction for Demolition - Slated Properties(Fontana) HOUSING 387- 46. 13 -96 Res Sept 3 Sale of Vacant Lot to Homeowners on Brinkman Ave RECOMMIT 388- 47. 13 -103 No July 23 Report of Sale -1767 Bailey(Lov)(Strat Plan)( #14,7/9) APP 389- 48. 13 -64 Res May 28 Protect Ornamental Landscaped Gardens(Franczyk) HOUSING 390- 49. 12 -99 Res July 10 Vacant Lot Auction -AKA Neighbor Next Door Lot Auction(Smith) HOUSING LEGISLATION 391- 50. 14 -180 Com Feb 4 Restricted Use Permit -69 W. Chippewa (2/6/14) R &F 392- 51. 14 -181 Com Feb 4 Restricted Use Permit -69 W. Chippewa (2/13/14) DENY 393- 52. 14 -182 Com Feb 4 Restricted Use Permit -75 W. Chippewa (2/14/14) R &F 394- 53. 14 -183 Com Feb 4 Restricted Use Permit -75 W. Chippewa (2/28/14) APP 395- 54. 14 -184 Com Feb 4 Restricted Use Permit -75 W. Chippewa (3/6/14) APP 396- 55. 14 -201 No Feb 4 R. Neal, Owner, Use 534 Eggert to Alter Use From a Hair Salon to a Retail Sales & Storage(hrg 02 /11)(Univ) APP /COND 397- 56. 14 -202 No Feb 4 A. Sanders, Owner, Use 890 Kensington to Alter Offices into a Banquet Hall(hrg 02 /11)(Mas) APP 398- 57. 14 -203 No Feb 4 S. Savarino, Agent, use 332 Myrtle for a Parking Lot Across From The Building (hrg 02/11)(Fill & Ell) APP 399- 58. 14 -205 No Feb 4 S. Cryan, Owner, Use 1121 Seneca to Erect a Pole Sign to the Front of a Commercial Shop(no hrg)(Fill) APP 400- 59. 14 -94 Com Jan 21 Food Store License(New) -59 Walden(Fill)(EDPI) APP 401- 60. 14 -95 Com Jan 21 Food Store License(New) -243 Walden(Fill)(EDPI) RECOMMIT 402- 61. 14 -96 Com Jan 21 Used Car Dealer -771 Broadway(Fill)(EDPI) APP 403- 62. 13 -2 Com Dec 23 Response to Tim Horton's Challenging Decision Re Sign(Pres Bd)_R &F 404- 63. 13 -45 No Oct 29 M. LoCurto -City Charter - Property Maintenance Ch 341 - Articlell R &F 405- 64. 13 -65 No Sept 3 R. Fontana -C. Mueller- Response From Time Warner Req 7/16 Legislation Meeting R &F 406- 65. 13 -66 No Sept 3 R. Fontana -USPS Response Removal of Collection Boxes R &F 407- 66. 13 -80 No July 23 NYSDEC -Req for Designation of Lead Agency Battaglia Transfer Station R &F 408- 67. 13 -71 No July 9 M. Montanez, Owner, Use 1190 Lovejoy, Merchandise Store Selling Tobacco Lovejoy Special Zoning District(Lov)(hrg 07/16) RECOMMIT 409- 68. 13 -21 Com July 9 Info From Time Warner Re Higher Quality Digital(CP) R &F 410- 69. 13 -53 Com June 11 Problems with Gas Station Located at 1301 Hertel Ave(Del)(Police)_R &F 411- 70. 13 -70 No June 11 D. Pridgen -K. Minkel -Resp to Res #95 5/14/13, Council Approval for NFTA Bus Stop Changes R &F 412- 71. 13 -76 No June 11 D. Smith -In Rem Tax Foreclosure- Proposed Ordinance HighlightsHOUSING 413- 72. 13 -78 No June 11 D. Smith -D. Webster- Create Property Tax Hardship Program to Prevent Low Income Homeowners to Prevent In -Rem HOUSING 414- 73. 13 -86 No June 11 D. Lemanski & O- Against Battaglia Corp Incr Tonage and Hrs of Operations R &F 415- 74. 13 -95 Res May 14 Council Approval for NFTA Bus Stop Changes That Effect Parking(Pridgen)(exc res') R &F 416- 75. 13- 103Res Feb 5 Irregularities at the Erie County Board of Elections(exc res)(Smith)_R &F 417- 76. 12 -116 Res May 1 Property Disposition(Smith) HOUSING 418- 77. 12 -118 No Feb 21 Sale of Vacant /Abandoned Property Below Market Value (exc 2 & 3rd res)( #116,2/7) HOUSING 419- 78. 11 -33 No Oct 18 P. Barr - Legalization of Beekeeping in COB R &F 420- 79. 12 -66 No Feb 7 Food Store License(New) 1624 William St(Lov)(#26,1 1/1)( #67,11 /15)( #59,11 /29) APP /CON D 421- 80. 13 -62 No Mar 19 NYSDEC -SEQR Lead Agency Coord - Battaglia Transfer Station R &F CORPORATION PROCEEDINGS COMMON COUNCIL CITY HALL - BUFFALO TUESDAY FEBRUARY 18, 2014 AT 2:00 P.M. Present — Darius G. Pridgen, President of the Council, and Councilmembers: Franczyk, Golombek, LoCurto, Rivera, Scanlon, Smith, Wyatt— 8 Absent -- Fontana - 1 On a motion by Mr. Smith, Seconded by Mr. Rivera, the minutes of the stated meeting held on February 4, 2014 were approved FROM THE MAYOR FROM THE MAYOR - EXECUTIVE DEPARTMENT FROM THE OFFICE OF CITIZEN SERVICES NO. 284 SUBMISSION OF MONTHLY REPORT FOR JANUARY 2014 The Office of Mayor, Division of Citizen Services, hereby submits, for your Honorable Body's review and approval, the monthly reports for the Mayor's Call and Resolution Center for January of 2014, as mandated by Section 6 -20(c) of the City of Buffalo's City Charter. This quarterly statistical report details the number and nature of inquiries, requests and complaints received. RECEIVED AND FILED FROM THE BUFFALO PRESERVATION BOARD NO. 285 RECOMMENDATION APPLICATON FOR LANDMARK STATUS WILLERT PARK COURTS AKA AD PRICE COURTS 373 SPRING ST (PUB HRG 2/25) Byron W. Brown, Mayor February 4, 2014 Report and Recommendation from the Buffalo Preservation Board to the Buffalo Common Council Re: Application for Landmark Status: Willert Park Courts, a.k.a. A.D Price Courts, 373 Spring St. Buffalo, NY. The Buffalo Preservation Board recommends that the Buffalo Common Council Designate Willert Park Courts, a.k.a. A.D. Price Courts, 373 Spring St. be designated a local landmark. The attached application was initiated and prepared by the Preservation Board as a result of the recognition of the historic and cultural value that the property offers as the City of Buffalo as well as possible threats the building may face in the future. The application was prepared and reviewed by the Preservation Board in accordance with Chapter 337 Article III of the City of Buffalo Charter. "any person, group of persons, or association may request designation of a landmark, landmark site, or an historic district by submitting an application for designation... The Preservation Board may also initiate proceedings for designation of a landmark, landmark site, or historic district." A public hearing to review the application was held by the Buffalo Preservation Board at its January 30, 2014 meeting. Pursuant to Section 337.15 (Criteria for Designation) of the Charter and Code of the City of Buffalo New York, The Buffalo Preservation has determined that the property meets 8 of the 9 criteria for designation as a Local Landmark: (1) It has character, interest or value as part of the development, heritage or cultural characteristics of the city, state or nation. Willert Park Court was an innovative center of public housing as a tool of social policy engineering during the New Deal and post -World War II era. (3) It exemplifies the historic, aesthetic, architectural, archeological, educational, economic or cultural heritage of the city, state or nation. Willert Park is a very accurate reflection of the City of Buffalo through the years. Originally planned for African American residents it was referred to in the press as a "Negro Housing Project" The city was segregated racially and ethnically and other public housing projects would shelter Polish, Irish and Italian immigrant populations. The Urban League promoted the Willert Park Courts site, formally regarded as a slum, because it was in the part of town where most of the city's African Americans lived. (4) It is identified with a person or persons who significantly contributed to the development of the city, state or nation. Numerous African American Buffalonians would reside here. Of special note is Alfred D. Price, the first manager of Willert Park Courts and who the complex would be named after. Managing the facility from 1939 -1968 he was responsible for fostering the wonderful gardens as a method to increase the tenant responsibility of their environment. He provided seeds for the tenants and created a flower show that was revolutionary for public housing. (5) It embodies distinguishing characteristics of an architectural style valuable for the study of a period, type, method of construction or use of indigenous materials. The design and layout of the ten two and three story brick multiple Dwellings at Willert Park reflect the Modern Movement style of architecture that was most closely identified with the work of LeCourbusier in France and the Bauhaus in Germany. The functional style, flat roofed blocks were laid out in a more or less parallel configuration within a park -like setting. The plan generally followed the example of German public housing projects. The project preserves to a remarkable degree the exterior appearance of the original complex of buildings and grounds. John McAndrew, art historian and curator of architecture at the Museum of Modern Art, identified it as one of the significant works of modern architecture in the United States. He singled it out as one of eight significant Modern Movement buildings in Buffalo. This list included Grant's Department Store, Larkin Administration Building, the Martin, Heath and Davidson houses, Kleinhans Music Hall and the Guaranty Building. (6) It is the work of a master builder, engineer, designer, architect or landscape architect whose individual work has influenced the development of the city, state or nation. The architect for the project was Frederick Backus of Buffalo who designed numerous buildings in Buffalo and embraced modernism. This is exemplified in Willert Park as well as his National Gypsum Headquarters building, Tudor Plaza, Marine Drive Apartments and Cathedral Court apartments. The landscaping was done by prominent landscape architect William Harries the sculptures done by Robert Crombach and Harold Ambellan. Ambellan would produce work displayed at the Museum of Modern Art in NYC. (7) It embodies elements of design, detailing, materials or craftsmanship that render it architecturally significant. In addition to the high quality brick work, all the buildings have sculpture as an integrated part of the design, utilized throughout the complex. The sculpture consists of four seven foot figures in high relief, eighty panels flanking the entrance doors and panels on the administration building. They depict African American history as well as education, music, home life and industry. (8)lt embodies elements that make It structurally or architecturally innovative. Willert is an early example of the Modern Movement in architecture. Its streamlined form, flat roofs and its innovative site planning were revolutionary for the time and would become prototypical for future projects. (9) It is a unique location or contains singular characteristics that make it an established or familiar visual feature within the city. The complex has existed now for 75 years and is an important part of Buffalo's urban fabric. Willert Park Court Has been cited as an important example of modern architecture, but it is even more significant for its cultural history as a project built specifically for the African- American community here in Buffalo. The complex is now abandoned and open to the elements allowing them to deteriorate. Landmarking this site is a strong statement from the people of the City of Buffalo acknowledging their worth and importance. This recognition will help facilitate resources not currently available and provide a level of awareness that will make it easier to redevelop Wllert Park. It will also reinforce the application for National and State recognition that is being sought. This application is in keeping with the Preservation Board's responsibility to nominate potential buildings that meet the criteria for designation and safeguard the city's history and heritage as embodied and reflected in its landmarks and to avoid demolition of historically or architecturally important properties. REFERRED TO THE COMMITTEE ON LEGISLATION FROM THE OFFICE OF STRATEGIC PLANNING NO. 286 REPORT OF COMMISSION 69 PHYLLIS LOT SIZE: 32 X 105 LAND: $ 4,300 IMPROVEMENT: $34,700 TOTAL ASSESSED VALUATION: $39,000 (UNIV) your Honorable Body approved the report of sale of 69 Phyllis to Sandra De Jesus of 60 Hoyt Street, Buffalo, New York 142013 in the amount of Four Thousand Five Hundred Dollars ($4,500) pursuant to Item No. 2, C.C.P. of November 12, 2013. The property at 69 Phyllis was advertised in the Multiple Listing System with a commission to be paid in the amount of Five Hundred Dollars ($500). In the report Of sale to the common council the Division of Real Estate inadvertently omitted that Ms. De Jesus was being represented by Carmen C. Frisicaro of Hunt Real Estate and that Hunt Real Estate of behalf of Carmen C. Frisicao is entitled to the commission. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 287 REPORT OF SALE 103 SPRUCE, EAST SIDE 175' NORTH OF SYCAMORE LOT SIZE: 50'X 106.50' ASSESSED VALUATION: $2,100 (ELL) The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Thomas H. Burton, President of Tatanka Development, 403 Main Street, Suite 716, Buffalo, New York 14203 to purchase 103 Spruce. Tatanka Development Company, Inc. owns properties in the surrounding area and intends to use 103 Spruce Street for future development. Under the current zoning code and the pending Green Code Unified Development Ordinance the purchaser would be limited to a residential development. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser. A market analysis performed by the Division of Real Estate showing similar sales in the area range from Forty Cents ($.40) to Seventy -Five Cents ($75) per square foot. Mr. Burton has agreed and is prepared to pay Two Thousand Three Hundred Dollars ($2,300), Forty -Three Cents ($.43) per square foot for the subject property. He has also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 103 Spruce Street in the amount of Two Thousand Three Hundred Dollars ($2,300) to Tatanka Development Company. I am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 288 REPORT OF SALE 82 WOHLERS LOT SIZE: 30'X 110' ASSESSED VALUATION: LAND: $1,900.00 IMPROVEMENT: $18,800. TOTAL: $20,400(ELL) The Office of Strategic Planning, Division of Real Estate has received a request from Ms. Patricia Hawkins, 1164 East Ferry Street, Buffalo, New York 14211 to purchase 82 Wohlers. Ms. Hawkins intends to renovate the dwelling for use as her personal residence. She has estimated the cost of renovations to be Six Thousand Two Hundred Ninety Dollars ($6,290.00), which was reviewed by the Division of Real Estate. Ms. Hawkins has provided proof of financial ability to complete the purchase and repair of the property. The property at 82 Wohlers consists of approximately 1,598 square feet, one and one half story, single family dwelling situated on a lot 30'x 110'. The property was acquired by the City through In Rem #41, in October 2007. A building permit will be required for the improvement to this property. The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchasers. The property was appraised by G.A.R. Associates, Inc. to estimate the fair market value of 82 Wohlers. The Fair Market Value was estimated to be Three Thousand Dollars ($3,000). The City of Buffalo Appraisal Review Board reviewed the appraisal report and concurs with the appraiser's estimate of value. Ms. Hawkins has agreed and is prepared to pay Three Thousand Dollars ($3,000) for the subject property. She has also agreed to pay for the cost of the transfer tax and recording fees. I am recommending that Your Honorable Body approve the sale of 82 Wohlers to Ms. Patricia Hawkins for the amount of Three Thousand Dollars ($3,000). 1 am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT FROM THE COMPTROLLER NO. 289 CERTIFICATE OF NECESSITY - INCREASED APPROPRIATION -PW We, Byron W. Brown, Mayor and Mark J. F. Schroeder, Comptroller, do hereby certify, pursuant to Section §20 -11 of the Charter, that an increase in the sum of $ 800,000 in the estimate for the fiscal year beginning July 1, 2013 is necessary in the Department of Public Works to meet a contingency which could not have been reasonably foreseen when the budget was adopted. The amount of increased appropriation will be met from increased revenue in the account titled Fund Balance - Unreserved, appropriated for this purpose. The details of the requirements are set forth below: From: 10700096- 397000 Fund Balance- Unreserved $800,000 To: 13296006- 480000 Public Works- Buildings - Other Services $400,000 15030005 - 461106 Public Works- Street Sanitation -Salt & Sand $400,000 RECEIEVED AND FILED NO. 290 AUDIT REPORT ON THE ERIE BASIN MARINA 2013 SEASON Attached please find the audit report on the operation of the Erie Basin Marina for the 2013 season. The audit found that the operator, Brand -On Services, underpaid the City by $45,808 for the 2013 season. This is in addition to underpayments of $343,245 for the 2008 -2012 seasons, and $126,243 for the 2005 -2007 seasons, for a total of $515,296 owed to the City by Brand -On Services. The City is currently in arbitration in order to recoup these funds. REFERRED TO THE COMMITTEE ON FINANCE NO. 291 INDEPENDENT ACCOUNTANTS' REPORT ON THE COMMON COUNCIL'S PAYROLL PROCEDURES Section 7 -4 of the City of Buffalo Charter states: "The Comptroller shall engage an independent consultant to conduct an audit of the performance of the council staff every two years." After a Request for Proposals (RFP) process, the Comptroller's Office selected Smolen Bonghi Certified Public Accountants & Consultants to conduct an audit of the Common Council's payroll procedures. Attached, please find the audit report from Smolen Bonghi Certified Public Accountants & Consultants, as well as the response from Council President Darius G. Pridgen. Please feel free to contact me or my staff if you have any questions or concerns. Mark J. F. Schroeder, Comptroller Copy available for review in the City Clerk's Office RECEIVED AND FILED NO. 292 LETTER TO MANAGEMENT FROM INDEPENDENT AUDITORS Attached please find the letter to management from independent auditors Dresher & Malecki resulting from their audit of the basic financial statements of the City. Please contact me if you have any questions or concerns. January 14, 2014 To the Honorable Mayor, the Common Council and Honorable Comptroller of the City of Buffalo, New York: In planning and performing our audit of the basic financial statements of the City of Buffalo, New York (the "City ") as of and for the year ended June 30, 2013, in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States, we considered the City's internal control over financial reporting ( "internal control ") as a basis for designing audit procedures that are appropriate in the circumstances for the purpose of expressing our opinions on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of the entity's internal control. Accordingly, we do not express an opinion on the effectiveness of the City's internal control over financial reporting. Our consideration of internal control was for the limited purpose described in the preceding paragraph and was not designed to identify all deficiencies in internal control that might be significant deficiencies or material weaknesses and therefore, significant deficiencies or material weaknesses may exist that have not been identified. However, as discussed below, we identified a certain deficiency in internal control that we consider to be a significant deficiency. A deficiency in internal control exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct misstatements on a timely basis. A material weakness is a deficiency, or a combination of deficiencies in internal control, such that there is a reasonable possibility that a material misstatement of the entity's financial statements will not be prevented, or detected and corrected on a timely basis. We did not identify any deficiencies in internal control that we consider to be material weaknesses. A significant deficiency is a deficiency, or a combination of deficiencies, in internal control that is less severe than a material weakness, yet important enough to merit attention by those charged with governance. We consider the deficiency presented in Exhibit I as item 2013 -I to be a significant deficiency in internal control. In addition, during our audit we identified certain matters involving the internal control and other operational matters that are presented for your consideration. This letter does not affect our report dated November 26, 2013 on the financial statements of the City. We will review the status of these comments during our next engagement. Our comments and recommendations, all of which have been discussed with the appropriate members of management, are intended to improve the internal control or result in other operating efficiencies. We will be please to discuss these comments in further detail at your convenience, perform any additional study of these matters, or assist yon in implementing the recommendations. Oar comments are summarized in Exhibit II. We also summarized new reporting requirements in Appendix A. These should be evaluated to determine the extent the City will be impacted in the future years. The City's response to the significant deficiency relating to the Solid Waste and Recycling Fund deficit presented in Exhibit I as item 2013 -1 has not been subjected to the auditing procedures applied in the audit of the financial statements and, accordingly, we express no opinion on it. The purpose of this communication, which is an integral part of our audit, is to describe for management and those charged with governance, the scope of our testing of internal control and the results of that testing. Accordingly, this communication is not intended to be and should not be used for any other purpose. Drescher & Makecki LLP RECEIVED AND FILED NO. 293 POPUALAR ANNUAL FINANCIAL REPORT In an effort to share Buffalo's financial information in a user - friendly format, the Department of Audit and Control has issued the City's first Popular Annual Financial Report, which is attached. Every year we issue our audited financial statements in a 168 -page report known as the Comprehensive Annual Financial Report. Without an accounting or financial background, it can be daunting for the average citizen to interpret the vast amounts of data in that report. So we took the most important information and presented it in a clear, concise way. In addition to financial data, the Popular Annual Financial Report contains information on the city's demographics, economic development, business climate, and higher education system. Hard copies are available in my City Hall office, Room 1225, or electronically at: www .city- buffalo.com /eomptroller If any of your constituents would like hard copies mailed to their home, please contact my office at 851 -5290. Mark J. F. Schroeder Comptroller Copy available for review in the City Clerk's Office RECEIVED AND FILED FROM THE PRESIDENT OF THE COUNCIL NO. 294 APOLLO THEATRE TOUR Councilmembers, On Wednesday I went on a tour of the Apollo Theatre on Jefferson with a representative from the City of Buffalo Telecommunication office and from the Independent Producers Alliance. The tour was very enlightening and I am pleased to report that we were able to accomplish several of the requests of the Independent Producers. A paid staff liaison has been assigned as requested, office space was identified for the producers to use when the building is open and funding for the new equipment has been found, as per The Office of Telecommunications. In my tour I found several gems, some of which were severely underutilized and at least one that has never been utilized. The major gem that has not been utilized is a recording studio for audio recordings. The room was built as a soundproofing and infrastructure for audio recording but is currently being used for storage. I have requested staff to remove the storage items and begin finding pricing for at least a minimal equipment requirement. With today's technology a computer, professional microphone, headphones and speakers are the minimum that is needed to begin using this asset. I have noticed and it was brought to my attention concerning the outside digital marquee. The marquee has not been illuminated in quite some time. When the Apollo was reconstructed the marquee was a great community service in that it informed the community of public and government access schedules and community events and alerts. I will request of Public Works Department an update on the signs repairs or suggested action concerning the marquee. Again, I was pleased to have been enlightened by the tour and wanted to keep all of the members of the Council informed of the progress and needs of the Apollo Theatre. Sincerely, Darius G. Pridgen Ellicott District Councilmember RECEIVED AND FILED NO. 296 CONCERNS IDENTIFYING POLICE CARS /SUGGESTED ANSWER Dear Commissioner, At the general meeting of the Common Council, held February 4, 2014, 1 discussed with other Council Members my constituents' concerns about identifying police cars. Presently, the most prominent display of the car number is on the trunk -a location best suited for identification from an aerial view. As the purchase of new police vehicles has been authorized by the Common Council, we request that you have car numbers more prominently displayed on the sides and back of the new cars. Our intention is that any police vehicle is easily identified from any perspective on the ground. 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 REFERRED TO THE COMMITTEE ON LEGISLATION NO. 296 INFO SHEET RE RESPONSIBILITIES OF LEAD AGENCY WITH SEQRA New York State Department of Environmental Conservation D. Lead Agency Responsibilities In This Section You Will Learn: • lead agency responsibilities. 1. What are the responsibilities of a lead agency? In conducting the SEQR process, the lead agency must coordinate review by doing the following: • Asking all other involved agencies about their concerns for the proposed action, and consider these concerns in making its determination of significance; • Completing the environmental assessment form by reviewing the submitted Part 1 and other relevant information, and by preparing Part 2 and, if necessary, Part 3; • Determining whether any aspect of the overall action may have or will not have a significant adverse impact upon the environment. (In its consideration of a proposal's impacts, the lead agency should not limit its review only to those impacts affecting its own jurisdiction.); • Preparing a legally sufficient determination of significance (positive or negative declaration) that meets the standards of 617.7; • If an applicant has chosen not to prepare the draft EIS, deciding whether to prepare the document itself, hire a consultant to prepare it, or terminate review: • If scoping is used, determining the scope an€ content of the draft EIS, including considering the relevant concerns of the involved agencies and the public; • Determining the adequacy of a submitted draft EIS; if inadequate, providing a written identification of all deficiencies or, if adequate, commencing public review in accordance with 617.11 (a); • Deciding whether or not to hold a SEQR public hearing concerning the draft EIS; • Preparing, or causing to be prepared, the final EIS, including response to all substantive questions and comments; • As one of the involved agencies, preparing its own SEQR findings prior to making its final decisions on the action; and • Submitting all appropriate notices and filings of the SEQR process, as required in 617.12. 2. Can a lead agency delegate its responsibilities to any other agency? No. A lead agency cannot delegate its lead agency determinations to another agency. However, it may delegate activities such as the gathering of data or the review of material prepared for determinations of significance or EISs to other involved or interested agencies or staffs or consultants. The lead agency may rely on the specific expertise of another involved or interested agency. 3. Why should agencies compete for lead agency? The ability to decide whether an EIS will be required and to decide the scope and acceptability of an EIS can be very important to agencies. Even though a lead agency has an obligation to consider the concerns of the other involved agencies, some involved agencies may feel strongly that they are best qualified to do so themselves. Lead agencies have the authority under SEQR to impose mitigation measures on actions through a CND or in Findings that are otherwise outside its jurisdiction, or the jurisdiction of any other agency. Involved agencies do not have this authority. 4. Is the lead agency required to provide a copy of its negative declaration to other involved agencies when review has been coordinated for an Unlisted Action? Although the regulations do not require this. it is a good practice and it ensures that the involved agencies know when they may proceed with their final decisions. E -mail us if you wish to submit comments. Please be sure to indicate which section or item you are commenting on, and include your name. RECEIVED AND FILED NO. 297 PROPOSED ACADEMIC BLDG ECC NORTH CAMPUS Mr. Chwalinski: Please file the attached documents for review by the Council. Following is a State Environmental Quality Review Act (SEAR) review announcement from the County of Erie. I have also included an informational sheet about the responsibilities of lead agencies to educate the public on the process. Please file items separately. Darius G. Pridgen Council President Ellicott District Councilmember Dear Mr. Pridgen: Erie County is proposing to construct a new instructional building on the grounds of the existing Erie Community College North Campus in Amherst, New York. The Project would involve the construction of an approximately 110,000 - gross- square -foot (gsf) building to house certain of the college's Science, Technology, Engineering, and Math (STEM) and Health Science programs, and would include classrooms, laboratories, ancillary space. Minor site improvements and landscaping are also planned. The proposed building would be located within an approximately 4 -+ -acre portion of the 116 - -acre North Campus off Youngs Road. This location is currently maintained as green space and includes concrete walkways that provide pedestrian connections to existing campus facilities. The Project would be conducted in two phases with construction beginning in January 2015. The first phase would be approximately 55,000 gsf and would primarily house Biology, Chemistry, Engineering Science, and other science - related programs. The proposed building would include smart classrooms, computer labs, and meeting spaces. Construction of the second phase is estimated to commence in 2019 when additional funding is secured and would include an additional 55,000 gsf of space for various respiratory care, nursing, mathematics, and physics programs as well as support space. Erie County, acting through the Department of Environment and Planning (DEP), intends to serve as lead agency for review and coordination purposes pursuant to Part 617.6(b) of the New York State Environmental Quality Review Act (SEAR). DEP has classified the undertaking as a Type I action for the purposes of this SEQR review. You are receiving this notice due to your agency's role as a potentially involved agency. A completed Part 1 of the Full Environmental Assessment Form, which includes a Section F - Additional Information attachment, a list of potentially involved and interested agencies, a site location exhibit, and conceptual site plan drawings, are enclosed for your information and review. The enclosed information is also being prOVided as a courtesy to "interested" agencies which do not have discretionary decisions and do not participate in the coordinated review. All potentially involved agencies are encouraged to inform this office of their concurrence with Erie County acting as the SEQR lead agency by March 10, 2014 and describe its likely jurisdiction over the Project. It would also be appreciated if your response would articulate any issues or impacts that should be considered in the SEQR review. Any agency that does not concur with Erie County acting as SEQR lead agency must provide me with a written response to that effect no later than 4:00 pm on March 10, 2014. Please note that failure to respond by the above date will be an indication that your agency has no interest in the choice of lead agency and has no comments on the action at this time. In the event you have any questions concerning this matter, please contact Erie County Deputy Commissioner of Planning and Economic Development, Thomas J. Dearing, at 716 - 858 -7256 or Thomas. DearingO_Erie.gov. Very truly yours, Maria R. Whyte Commissioner REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT NO. 298 OFFICE SPACE FOR THE INDEPENDENT PRODUCERS ALLIANCE The City of Buffalo Common Council is formally requesting that the office of Telecommunications and Corporation Council find adequate space in the Apollo Complex for the Independent Producers Alliance (IPA) and for the aforementioned parties to work with the IPA in completing all of the necessary steps that are required by law. It is further requested that if it is all possible that this be completed within 30 days of Common Council Approval. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS NO. 299 NOTIFICATION SERIAL # 10650(WAIVE 45 DAYS) INSTALL NO PARKING ON WEST HURON STREET, NORTH SIDE BETWEEN A POINT 170 FEET EAST OF THE EAST CURBLINE OF NIAGARA STREET AND A POINT 55 FEET EAST THEREFROM (FILLMORE DISTRICT) NO PARKING - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 24 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: NO PARKING PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD West Huron Street, north side At all times between a point 170 feet east of the east curbline of Niagara Street and a point 55 feet east therefrom This action is being taken to provide an area for loading and unloading for tenants. RECEIVED AND FILED NO. 300 NOTIFICATION SERIAL #10693 -10697 (WAIVE 45 DAYS) NOTIFICATION SERIAL # 10693 INSTALL NO PARKING ON MYSTIC STREET, SOUTH SIDE BETWEEN THE EAST PROPERTY LINE OF #337 MYSTIC STREET AND A POINT 20 FEET WEST THEREFROM (SOUTH DISTRICT) NO PARKING - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 24 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: NO PARKING PROHIBITED PORTIONS OF HIGHWAY PROHIBITED PERIOD Mystic Street, south side At all times between the east property line of #337 Mystic Street and a point 20 feet west therefrom This action is being taken to provide safe loading and unloading of a wheelchair -bound citizen who resides at the aforementioned address. NOTIFICATION SERIAL # 10694 NO STANDING — REPEAL ON SEVENTH STREET, WEST SIDE BETWEEN WEST GENESEE STREET AND A POINT 330 FEET SOUTH OF THE SOUTH CURB OF COURT STREET (FILLMORE DISTRICT) NO STANDING - REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 22 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: NO STANDING PROHIBITED PORTIONS OF HIGHWAY PROHIBITED PERIOD Seventh Street, west side At all times between West Genesee Street and a point 330 feet south of the south curb of Court Street This action is being taken to improve visibility when exiting heavily used driveways. (see next 3 serials) NOTIFICATION SERIAL # 10696 INSTALL NO STANDING ON SEVENTH STREET, WEST SIDE BETWEEN WEST GENESEE STREET AND A POINT 290 FEET SOUTH OF THE SOUTH CURB OF COURT STREET (FILLMORE DISTRICT) NO STANDING - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 22 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: NO STANDING PROHIBITED PORTIONS OF HIGHWAY PROHIBITED PERIOD Seventh Street, west side At all times between West Genesee Street and a point 290 feet south of the south curb of Court Street This action is being taken to improve visibility when exiting heavily used driveways. (see previous 1 and next 2 serials) NOTIFICATION SERIAL # 10696 NO STANDING — REPEAL ON SEVENTH STREET, EAST SIDE BETWEEN WEST GENESEE STREET AND A POINT 396 FEET SOUTH OF THE SOUTH CURB OF COURT STREET (FILLMORE DISTRICT) NO STANDING - REPEAL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body &this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 22 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following: NO STANDING PROHIBITED PORTIONS OF HIGHWAY PROHIBITED PERIOD Seventh Street, east side At all times between West Genesee Street and a point 395 feet south of the south curb of Court Street This action is being taken to improve visibility when exiting heavily used driveways. (see previous 2 and next 1 serials) NOTIFICATION SERIAL # 10697 INSTALL NO STANDING ON SEVENTH STREET, WEST SIDE BETWEEN WEST GENESEE STREET AND A POINT 330 FEET SOUTH OF THE SOUTH CURB OF COURT STREET (FILLMORE DISTRICT) NO STANDING - INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item business. That that part of Subdivision 22 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: NO STANDING PROHIBITED PORTIONS OF HIGHWAY PROHIBITED PERIOD Seventh Street, west side At all times between West Genesee Street and a point 330 feet south of the south curb of Court Street This action is being taken to improve visibility when exiting heavily used driveways. (see previous 3 serials) RECEIVED AND FILED NO. 301 BEQUEST FROM ARLINE MCCONNELL CITY OF BUFFALO ANIMAL SHELTER ELLICOTT DISTRICT At her passing, Ms. Arline McConnell left a sum of money to be used at the City of Buffalo Animal Shelter for the benefit of the animals. The amount is currently $67,800, but may decrease due to the financial account that it is held in. We respectfully request that Your Honorable Body approve the acceptance of this donation, Account #30013506 - 445100 will be used to facilitate this donation. 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 12, 2104, be received and filed; That the Common Council hereby accepts the donation from Ms. Arline McConnell in the amount of $67,800.00 to be used at the Buffalo Animal Shelter for the benefit of the animals. Account #30013506 - 445100 will be used to facilitate this donation. PASSED AYES 8, NOES 0 NO. 302 INCREASE IN ENCUMBRANCE CONTRACT -MARK CERRONE, INC. CARS ON MAIN ST 500 BLK Increase in Encumbrance Contract #93001208 General Contractor: Mark Cerrone, Inc. Cars on Main Street -500 Block Chippewa to Mohawk Streets PIN:5760.39 Addition of Waterline Work E. Mohawk -from Main St. to Washington St. (Ell) PRIOR COUNCIL REFERENCE: Item #44 of 06 -11 -13 The above captioned project was bid by the Department on May 29, 2013. The responsible low bidder was Mark Cerrone, Inc. and bids were approved by Your Honorable Body on June 11, 2013. As part of the original contract, Mohawk Street was to be reconstructed and reconnected to Main Street between Washington and Pearl Streets. Subsequent to the beginning of construction along East Mohawk between Washington and Main, the City of Buffalo Water Authority expressed interest in replacing their existing water line with new facilities. After discussions with the Contractor, an agreement was reached by all parties to proceed with the work, with funding for the work being provided by the Water Authority. Therefore, this Department requests Your Honorable Body's permission to accept funds from the City of Buffalo Water Authority, and to increase the encumbrance of the current contract by the actual cost of construction ($65,596.00, which is the cost of the work based on contract items). No additional costs will be bore by the City for this work. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets, dated January 27, 2014, be received and filed; and That the Common Council herby grants permission to the Commissioner of the Department of Public Works, Parks and Streets to accept funds from the City of Buffalo Water Authority, and to increase the encumbrance of the current contract by the actual cost of construction ($65,596.00, which is the cost of the work based on the contract items). No additional costs will be bore by the City for this work. PASSED AYES 8, NOES 0 NO. 303 PERMISSION TO ENTER AGMT WITH FHWA AND NYSDOT -BRIDE MAINT PROG Permission to Enter into Agreements with FHWA and NYSDOT for Bridge Maintenance Program, Bridge Joint [: Replacement and Deck Resurfacing. City of Buffalo, County of Erie PIN 5759.65 The Federal Highway Administration (FHWA) has designated funding for the design, construction and construction inspection of the bridge joint replacement and deck surfacing on several bridges in the City of Buffalo. This project is listed on the New York State Regional Transportation Improvement Program (TIP) under PIN # 5759.65. In order to move this project forward, this Department is requesting permission to take proposals and hire an Engineering Consultant for the design and inspection of this project. It is also necessary for Your Honorable Body to authorize the Mayor and /or this Department to enter into all necessary agreements with the FHWA and NYSDOT. These agreements would enable this Department to administer this project and will cover all necessary work needed to complete the design, inspection and construction of this project. Mr. Smith moved: That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated February 11,2014, be received and filed; and That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to take proposals and hire an engineering consultant for the design and inspection of a bridge joint replacement and deck resurfacing project for several bridges in the City of Buffalo; and That the Common council hereby authorizes the Mayor and /or the Department of Public Works, parks and Streets to enter into all necessary agreements with the Federal Highway Administration (FHWA) and the New York State Department of Transportation to administer this project. The FHWA has designed funding for the design, construction and construction inspection. PASSED AYES 8, NOES 0 NO. 304 REPORT OF BIDS SCHILLER PARK COMMUNITY CENTER REHABILITATION PROJECT CDBG FUNDED YEAR 38 - 30200 1 advertised for on January 14, 2014 and received the following sealed bids for the Schiller Park Community Center, Rehabilitation Project, which were publicly opened and read on February 4, 2014. Mechanical Construction Base Bid MLP Plumbing & Mechanical, Inc. $131,000 3198 Union Rd., Cheektowaga, NY John W. Danforth Co. $196,800 300 Colvin Woods Parkway, Tonawanda, NY I hereby certify that the foregoing is a true and correct statement of all bids received and that MLP Plumbing & Mechanical with a base bid of $131,000.00 plus 10% contingency for $13,100.00 for a total amount of One Hundred Forty Four Thousand One Hundred Dollars and 00/100 ($144,100.00) is the lowest responsible bidder in accordance with the plans and specifications. I recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to order the work on the basis of the low bid. Funding for this project is available in CH9E2007 - 470000 - Buildings. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets, dated February 12, 2104, be received and filed; and That the Common Council herby authorizes the Commissioner of the Department of Public Works, Parks and Streets to enter into an agreement for the Schiller Park Community Center, Rehabilitation Project, with MLP Plumbing & Mechanical with a total bid amount of $144,100.00(Base Bid $131,000.00 + 10% contingency $13,100.00 for a Total Bid Amount of $144,100.00). Funding for this project is available in Account C9E2007- 470000 - Buildings. PASSED AYES 8, NOES 0 NO. 305 REQUEST FOR APPROVAL FOR ERIE BASIN MARINA RECREATIONAL & NAUTICAL OPERATIONS AGREEMENT CITY OF BUFFALO AND SMITH BOYS, INC. Requests for Proposals were sent November 27, 2013 and this department received the following formal sealed proposal for Erie Basin Marina Recreational and Nautical Operations which was opened and read on January 3, 2014: Contractor /Operator Smith Boys, Inc. or an entity to be formed for the marina operations 280 Michigan Avenue North Tonawanda, NY 14120 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 Smith Boys, Inc. 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 a five year contract with a five year renewal period to be mutually agreed upon with Smith Boys, Inc. (or an entity set up by the Smith Boys, Inc. principals for Erie Basin Marina operations) as per proposal and scope of services. The operations agreement will be subject to and will require that slip holder rates be increased beginning in the 2015 boating season. Accordingly a slip holder rate increase communication for an Ordinance Amendment is required and will be submitted separately for your consideration. The rates have not increased since 2002 and the proposed average annual rate increase for City residents is 8% and for non - residents is 16% over the term of the proposed agreement. Attached is a summary of the economic terms of the contract. Your consideration toward this request is greatly appreciated. Economic Summary of the Marina Operations contract with Smith Boys 2014: Rent Due to City: Estimated Income: Estimated Expenses: 2015: Rent Due to City: Estimated Income: Estimated Expenses: 2016: Rent Due to City: Estimated Income: Estimated Expenses: 2017: Rent Due to City: Estimated Income: Estimated Expenses: 2018: Rent Due to City: Estimated Income: Estimated Expenses: REFERRED TO THI $1 $479,000 $600,000 $1 $610,000 $625,000 $1 $660,000 $650,000 $1 + 10% of any net profit over $80,000 $756,000 $680,000 $1 + 20% of any net profit over $80,000 $756,000 $700,000 COMMITTEE ON FINANCE FROM THE CORPORATION COUNSEL NO. 306 APPROVAL OF CONTRACT WITH LA SALLE AMBULANCE, INC., D /B /A RURAL METRO MEDICAL SERVICES FOR THE PROVISION OF EMERGENCY MEDICAL SERVICES PRIOR COUNCIL REFERENCE: December 23, 2013 Item No. 35 C.C.P.12/23/13 TEXT: Attached for your Honorable Body's review and approval is a four- month contract extension with La Salle Ambulance, Inc., d /b /a Rural Metro Medical Services to serve as the City of Buffalo's Emergency Medical Services (EMS) provider. The Law Department is requesting that approval be granted to allow the Mayor of the City of Buffalo to execute the attached emergency extension agreement until June 30, 2014. The Agreement continues to provide for monthly franchise fee payments of $29,166.66 which are due under the expired term, as well as for monthly payments of $29,166.66 for the duration of the subject Agreement. The City issued a comprehensive Request for Proposals (RFP) for this service, and on January 27, 2014, received three proposals in response. The Law Department, the Fire Commissioner, and the committee established to review the proposals are currently examining the proposals in order to select the provider that insures the best response times and service for the City of Buffalo. Each of the responses is thorough and offers the City competitive alternatives, which require further review. The underlying agreement has been amended to provide for an irrevocable letter of credit, surety bond or equivalent form of liquid performance security in the amount of one million dollars ($1,000,000), in a form acceptable to the City, securing the Ambulance Service's performance pursuant to the provision of this Agreement. Thanking you in advance for your prompt consideration to the above request. Timothy A. Ball Corporation Counsel Mr. Smith moved: That the above item be, and the above communication from the City of Buffalo Corporation Counsel, dated February 13, 2014, be received and filed; That the Common Council hereby approves a four (4) month contract extension with LaSalle Ambulance, Inc. d /b /a Rural Metro Medical Services to serve as the City of Buffalo's Emergency Medical Services (EMS) provider. This extension will continue until June 30, 2014, and provides for the continuation of monthly franchise fee payments of $29,166.66 which are due under the expired term, as well as for monthly payments of $29,166.66 for the duration of the subject agreement. The City issued a comprehensive Request for Proposals (RFP) for this service, and on January 27, 2014, received three proposals in response. The proposals are currently being examined in order to select the provider that insures the best response times and services for the City of Buffalo. PASSED AYES 8, NOES 0 NO. 307 APPOINT ASSISTANT CORPORATION COUNSEL I /MUNICIPAL ATTORNEY Certificate of Appointment Appointment Effective February 10, 2014 in the Department of Law to the Position of Assistant Corporation Counsel I /Municipal Attorney Temporary Non - Competitive Minimum starting salary of $53,686 Lauren A. Howard, 434 Starin Avenue, Buffalo 14216 REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT & INSPECTION SERVICES NO. 308 USED CAR DEALER 835 SYCAMORE (FILLMORE) Pursuant to Chapter 254 of the City of Buffalo Ordinances. please be advised that I have examined the attached application for a Used Car Dealer License located 835 SYCAMORE and find that as to form is correct. I have caused an investigation into the premises for which said application for a used car dealer license is being sought and according to the attached reports from the Zoning Office. Fire Department and Building Inspections; I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of ZAIGHUM ALI. The attached thereto for ZAIGHUM ALI /dba/ ZNIS AUTO SALES. This request is submitted for your approval or whatever action you deem appropriate. REFRRED TO THE COMMITTEE ON LEGISLATION FROM THE COMMISSIONER OF ADMINISTRATION, FINANCE, POLICY & URBAN AFFAIRS ND NO. 309 2 QUARTER GAP Attached is the second quarter gap for the City General Fund, Buffalo Board of Education and Buffalo Urban Renewal Agency. At this time, the City is projecting a small positive year end variance. Revenues are anticipated to be greater than budget due to increased appropriations which have been filed for demolitions, police vehicles and a recent filing for road salt and for the music program in the Buffalo Schools. The funding for these expenditures are transfers from fund balance. Expenditures are over budget in Police and Fire due to an arbitration award for Police and a contract settlement for Fire personnel. The remainder of the departments are projecting to end the year with a positive yearend balance. REFERRED TO THE COMMITTEE ON FINANCE FROM THE COMMISSIONER OF PARKING NO. 310 TOWING CONTRACTS Permission is requested from Your Honorable body to contract with Elite Automotive Service, Riverside Towing, and South Buffalo towing as private contractors to tow impounded vehicles to our Dart Street Impound. Parking did an RFP that was responded to on July 29, 2013 and after review and discussion with the tow companies we have agreed to these new rates. The rates that will be charged are: - $60 per standard tow or $100 for combination flatbed and wheel doily tows -for heavy duty tows the rate will be $75 -if winching is necessary the charge will be an extra $25 -for nonstandard tows the charge will be an hourly rate of $70 -if the tow company is requested and when they arrive the car is gone, there will be a $25 Gone on Arrival charge. The new prices are very close to our current contracted rates. The major differences are for standard tows. Our current price for a standard tow is $50. The new price will be $60. Over 95% of our tows are standard tows. If you have any questions I will be available to answer. Mr. Smith moved: That the above item be, and the above communication from the Commissioner of Parking, dated February 13, 2014, be received and filed; and That the Common Council hereby authorizes the Commissioner of Parking to enter into an agreement with Elite Automotive Service, Riverside Towing and South Buffalo Towing as private contractors to tow impounded vehicles to the Dart Street Impound. The contractors were chosen through a Request for Proposals (RFP) process. After review and discussion with the tow companies, the following rates were agreed upon: $60.00 per standard tow or $100.00 for combination flatbed and wheel dolly tows $75.00 for heavy duty tows An extra $25.00 will be charged if winching is necessary An hourly rate of $70.00 will be charged for non - standard tows If the tow company is requested and the vehicle is gone when the tow company arrives, there will be a$25.00 Gone on Arrival Charge. PASSED AYES 8, NOES 0 FROM THE CITY CLERK NO. 311 RESTRICTED USE PERMIT -69 W. CHIPPEWA(2 /20 /14)(ELL) Application for Restricted Use Permit Downtown Entertainment Review District Tavern Event permitting entry of patrons under age 21 where alcohol is served Pursuant to §511 -68.6 of the Code of the City of Buffalo, the undersigned herby makes application to the Common Council of the City of Buffalo for a permit to hold an event which will permit entry or continued presence of patrons under the age of 21 while alcohol is being served to patrons aged 21 and over. Name of Applicant Bottom's Up Business Address 69 W. Chippewa Name of Event Bottom's Valentine's Day Is this a one -time Event: Yes Date of one -time Event 2/20/14 Is this a recurring event No Number of people anticipated to attend 150 -225 Start time and end time of event Start 10 pm End Sam REFERRED TO THE COMMITTEE ON LEGISLATION NO. 312 RESTRICTED USE PERMIT -69 W. CHIPPEWA(3 /6 /14)(ELL) Application for Restricted Use Permit Downtown Entertainment Review District Tavern Event permitting entry of patrons under age 21 where alcohol is served Pursuant to §511 -68.6 of the Code of the City of Buffalo, the undersigned herby makes application to the Common Council of the City of Buffalo for a permit to hold an event which will permit entry or continued presence of patrons under the age of 21 while alcohol is being served to patrons aged 21 and over. Name of Applicant Bottom's Up Business Address 69 W. Chippewa Name of Event Bottom's In Like a Lion Event Is this a one -time Event: Yes Date of one -time Event 3/6/14 Is this a recurring event No Number of people anticipated to attend 150 -250 Start time and end time of event Start 10 pm End Sam REFERRED TO THE COMMITTEE ON LEGISLATION NO. 313 RESTRICTED USE PERMIT -69 W. CHIPPEWA(3 /20 /14)(ELL) Application for Restricted Use Permit Downtown Entertainment Review District Tavern Event permitting entry of patrons under age 21 where alcohol is served Pursuant to §511 -68.6 of the Code of the City of Buffalo, the undersigned herby makes application to the Common Council of the City of Buffalo for a permit to hold an event which will permit entry or continued presence of patrons under the age of 21 while alcohol is being served to patrons aged 21 and over. Name of Applicant Bottom's Up Business Address 69 W. Chippewa Name of Event Bottom's Out Like a Lamb Event Is this a one -time Event: Yes Date of one -time Event 3/20/14 Is this a recurring event No Number of people anticipated to attend 150 -200 Start time and end time of event Start 10 pm End Sam REFERRED TO THE COMMITTEE ON LEGISLATION NO. 314 LIQUOR LICENSE APPLICATIONS Attached hereto are communications from persons applying for liquor licenses from the New York State Division of Alcohol Beverage Control Board. Address Business Name Owner's Name 674 Ellicott Ulrich's Tavern Deadwood LLC Deadwood LLC 125 Main St Courtyard by Marriott Downtown Bflo Harbor Lodging LLC 414 Pearl St 414 Pearl St Fat Augles Productions 402 Connecticut St Freddy J's BBQ 402 Connecticut 2272 Genesee 2272 Genesee B &D of Buffalo Inc 42 W. Chippewa Bada Bing Da Bada Inc 12 Military Rd Hot Mama Canteen Gymp LLC RECEIVED AND FILED NO. 315 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 - Melissa Barrie. Catherine Beutler. Latasha Howard RECEIVED AND FILED NO. 316 APPOINT ASISTANT LEG AIDE NORTH DISTRICT(MAZGAJEWSKI) Certificate of Appointment Appointment effective February 12, 2014 in the Department of Common Council Division of North Council District to the Position of Assistant Legislative Aide Unclassified Non - Competitive Flat starting salary of $27,018 Michael P Mazgajewski, 192 Condon Avenue, Buffalo 14207 ADOPT NO. 317 APPOINT LABORER II(TEMP)(INTER)(HENSLEY) Certificate of Appointment Appointment effective January 30, 2014 in the Department of Common Council Division of Record Center to the Position of Laborer II Temporary Non - Competitive Intermediate starting salary of $29,018 David M Hensley, 2101 W. Ferry, Buffalo 14213 REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 318 NOTICES OF APPOINTMENTS - COUNCIL INTERNS I transmit herewith appointments to the position of Council Intern. Mr. Smith moved the approval of the appointments to the position of Council Intern. ADOPTED Certificate of Appointment Appointment effective February 6, 2014 in the Department of Common Council Division of North Council District to the Position of Intern IX Unclassified Non - Competitive Flat starting salary of $12.66 Morgan Trent, 160 Rivermist Drive, Buffalo 14202 NO. 319 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 2/3/14 in the Department of Community Services and Recreational Programming Division of Senior to the Position of Senior Citizen Aide Seasonal Open- Competitive Hourly starting salary of $12.47 Annette Reid, 10 Anthony Tauriello Drive, Buffalo 14201 Certificate of Appointment Appointment effective 2/3/14 in the Department of Public Works, Parks & Streets Division of Water to the Position of Water Service Worker Seasonal Non - Competitive Flat starting salary of $12.66 William Brooks, 40 Decker, Buffalo 14215 NO. 320 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 2/4/14 in the Department of Call and Resolution Center Division of Citizen Services to the Position of Telephone Operator Temporary Appointment Minimum starting salary of $32,418 Veronica Gerald, 57 Pauline Street, Buffalo 14214 Certificate of Appointment Appointment effective 2/4/14 in the Department of Public Works, Parks & Streets Division of Buildings to the Position of Laborer II Permanent Non - Competitive minimum starting salary of $23,553 Derek Koonce, 497 High St, Buffalo 14211 Certificate of Appointment Appointment effective 2/4/14 in the Department of Public Works, Parks & Streets Division of Parks to the Position of Laborer II Permanent Non - Competitive minimum starting salary of $23,553 Jason Allen, 50 Gladstone, St, Buffalo 14207 Certificate of Appointment Appointment effective 1/16/14 in the Department of Public Works, Parks & Streets Division of Streets to the Position of Truck Driver Provisional Open - Competitive Minimum starting salary of $23,553 Charles Baker, 239 Oxford Avenue, Buffalo 14209 Certificate of Appointment Appointment effective 2/6/14 in the Department of Public Works, Parks & Streets Division of Buildings to the Position of Sr. 1 sc Class Stationary Engineer Temporary Non - Competitive flat starting salary of $15.00 Patrick Reid, 179 McKinley Pkwy, Buffalo 14220 NON - OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES NON - OFFICIAL COMMUNICATIONS NO. 321 J. ADLER -M. GRISANTI- LEGISLATION CRACKING DOWN ON PUPPY MILLS Great news for all animal lovers! Last week, Governor Cuomo signed my legislation which cracks down on "puppy mills" and the unscrupulous pet stores that do business with them. My bill will allow local municipalities to pass stronger laws protecting these animals by making sure they get the proper care and feeding. I have worked long and hard to make this legislation a reality, and I couldn't be more pleased that it will now go into effect. In addition, the Governor recently signed another bill - -- one which I strongly supported - -- that will force animal abusers to pay for the cost of the animals they have harmed. As a result, taxpayers will no longer have to pick up the tab for the damage caused by a convicted animal abuser. I will continue to fight for stronger laws to protect our four - legged friends, sending a message that animal abuse will not be tolerated in New York State. I have also enclosed a card which shows other important animal protection legislation currently pending in Albany. I urge you to lend your support to these efforts. As always, thank you for allowing me to serve you. Sincerely Senator Mark Grisanti RECEIVED AND FILED NO. 322 CENTER FOR EMPLOYMENT OPPORTUNITIES — ECONOMIC IMPACT REPORT Economic impact Report Copy available for review in the City Clerk's Office REFERRED TO THE COMMITTEE ON LEGISLATION NO. 323 LP CIMINELLI -BOARD PACKET DOCUMENTS - FEBRUARY 2014 Attached are the following documents from the Joint Schools Construction Board meeting scheduled on 13, 2014: 1. Agenda 2. Meeting Minutes from JSCB Meeting dated January 6, 2014 3. Phase III Application and Certificate for Payment No. 63 - January 2014 4. Phase V Application and Certificate for Payment No. 50 - January 2014 5. Fully Executed Phase V Application and Certificate for Payment No. 49 - December 2013 6. Program Packaging and Development Services (PPDS) Provider Update 7. Inclusion Development Associates, Inc. Construction Contract Compliance Monitoring Monthly Report for Phase III Change Order #1 — December 2013 8. Bevlar & Associates Inc. Construction Contract Monitoring and Compliance Services Monthly Report for Addendum 1 Phase V Project- December 2013 9. Compliance & Administrative Services of New York Compliance Monthly Report for Phase V - December 2013 Copy available for review in the City Clerk's Office RECEIVED AND FILED NO. 324 M. DENEA- CONCERNS JN ADAM CAMPUS PERRYSBURG, NY Dear Common Council Member, Enclosed please find a copy of the letter that was sent to the US Environmental Protection Agency on November 29, 2013. We thought you should be aware of the condition of the property owned by the City of Buffalo that the State of New York is neglecting. Please feel free to contact the Town of Perrysburg office at 532 -4090 for more information or to set up a meeting to discuss what can be done with this issue before someone is injured because of the neglect of this property. Dear Sir /Madam; As members of the Perrysburg Town Board, Cattaraugus County, NY, we feel it is our obligation to report a potential health hazard associated with the abandoned JN Adam Hospital buildings. The neglect and deterioration of the buildings may be causing exposure to or dispersal of possible hazardous material and debris to the environment which in turn may be endangering the health and welfare of the residents of our town. We have tried to get assistance from the State of New York and also from the City of Buffalo, but as they have ignored maintenance and security for this property, we are now asking you directly. Frequent trespassers are certainly being exposed to asbestos as the buildings collapse at this "attractive nuisance ". A 2006 study performed by a Buffalo firm reported the following: 1. The majority of paint in all buildings contains lead; 2. The majority of buildings contain high levels of various strains of mold; 3. The ground floors contain high levels of contaminated air while the first floor contains moderate levels; 4. A large portion of the ground floors contain asbestos pipe insulation and the first floors contain large portions of vinyl asbestos tile and asbestos containing linoleum. In the years since 2006, the buildings have greatly deteriorated so we believe that the Perrysburg town residents may currently be exposed to airborne and water runoff contaminants from the JN Adam property and ask that your agency immediately investigate the possibility and report your findings to this board. We look forward to hearing from your office as soon as possible to set up a time for this inspection. Signed, Perrysburg Town Board Members REFERRED TO THE CORPORATION COUNSEL NO. 326 D. FRANCZYK -FOOD STORE LICENSES IN FILLMORE DISTRICT Common Council Imposed District- Wide ( FILLMORE ONLY) Conditions in 2014: -HOURS OF OPERATIONS SHALL BE 8:OOAM TO 11 PM SUNDAY- THURSDAY AND 8:30AM 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 (LOTFERY), OR ALCOHOL -NO SELLING OF LOOSE ITEMS- CIGARETTES, 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 ADOPTED NO. 326 K. JOHNSON - KENMORE PROPOSED LL- CREATE AN EDUCATIONAL USE DISTRICT Proposed Local Law 8, 2014- Amending the Village of Kenmore Zoning Code to Create the Educational Use District Dear Mr. Chwalinski, Enclosed, please find the following in connection with the above referenced matter: 1. Environmental Assessment Form 2. Proposed Local Law #3, 2014 This information is being forwarded to you in accord with Section 7- 706(2) (a) of the New York State Village Law. If you should require any additional information, please contact this office at 873 -5700. Very truly yours, KATHLEEN P. JOHNSON Clerk/Treasurer Copy available for review in the City Clerk's Office RECEIVED AND FILED NO. 327 K. JOHNSON - KENMORE PROPOSED LL -AUTH CREATION OF PLANNED UNIT DEV DISTRICT Proposed Local Law 4, 2014 - Amending the Village of Kenmore Zoning Code to Authorize the Creation of Planned Unit Development Districts Dear Mr. Chwalinski, Enclosed, please find the following in connection with the above referenced matter: 1. Environmental Assessment Form 2. Legal Notice of Hearing 3. Proposed Local Law #4, 2014 This information is being forwarded to you in accord with Section 7- 706(2) (a) of the New York State Village Law. If you should require any additional information, please contact this office at 873 -5700. Very truly yours, Kathleen P. Johnson Clerk/Treasurer Copy available for review in the City Clerk's Office RECEIVED AND FILED NO. 328 NYSDEC - BROWNFIELD CLEANUP PROGRAM -300 OHIO ST 300 Ohio St Update: Remedy Proposed for Brownfield Site Contamination; Public Comment Period Announced The public is invited to comment on a proposed remedy being reviewed by New York State Department of Environmental Conservation (DEC) to address contamination related to the 300 Ohio Street Site ( "site ") located at 300 Ohio Street. Buffalo, Erie County. Please see the map for the Site Location. Documents related to the cleanup of this site can be found at the location identified below under Where to Find Information. Based on the findings of the investigation, DEC in consultation with New York State Department of Health (DOH) has determined that the site does not pose a significant threat to public health or the environment. However, remediation is required due to elevated concentrations of contaminants in groundwater, soil, and soil vapor. The activities in the report have been designed to address the identified contamination. How to Comment DEC is accepting written comments about the proposed plan for 45 days, from February 10. 2014 through March 26, 2014. The proposed plan is available for review at the locations identified below under Where to Find Information. Please submit comments to the project manager listed under Project Related Questions in the Who to Contact area below. Draft Remedial Investigation /Alternative Analysis Report Plan DEC is reviewing the "Remedial Investigation /Alternative Analysis Report." The report describes the results of the site investigation and recommends development of a remedy to address the contamination that was found. Highlights of the Report The report calls for removing all underground storage tanks (USTs) and anything associated with the USTs (contaminated soils, vents and lines to the tanks, etc.) from the site. Though not part of the remediation of the soil, demolition of all remaining buildings (canopies, five pump islands, etc.) will also take place and be removed. According to the report, the site would be remediated to Commercial Use cleanup, which will include: Demolition of the existing buildings; • Excavation and removal of the UST system (including tanks, vent and fill lines, pumps and infrastructure as well as UST system contents); • Excavation and off -site disposal of approximately 12.500 cubic yards of contaminated soils: • Placement of 12 -inch cover system in areas without buildings and hardscape (i.e., asphalt and concrete); and • Provisions for Active Subslab Depressurization (ASD) systems in future buildings, if required. Next Step5 DEC will complete its review, make any necessary revisions and, if appropriate, approve the investigation report. The approved report will be made available to the public (see Where to Find Information below DEC will keep the public informed throughout the investigation and cleanup of the site. Background Location: The 300 Ohio Street site is located in an urban /industrial area and consists of eleven (11) adjoining tax parcels at the comer of Ohio Street and Chicago Street in the City of Buffalo. The Buffalo River is to the west across Chicago Street, and the City of Buffalo Conway Park is to the east. Site Features: The main site features include a truck terminal, restaurant /office building, five pump islands with product dispensers, and three abandoned buildings. A majority of the site is paved. Grass covered areas are present in the northwest quadrant of the site. Current Zoning /Use: The site is currently inactive, and is zoned for commercial use. The surrounding parcels are currently used for a combination of commercial, industrial, residential, railroad right -of -way, vacant parcels, and parkland. The nearest residential development is less than 0.2 miles to the east and southwest, and less than 0.4 miles to the north Historic Use: Until the late 1990s portions of the site was used as an auto /truck gas and service station, dating back to 1925. The two buildings on the northern portion of the site along Chicago and Mackinaw Street (E &B Machinery and Central Manufacturing) operated a machine shop, trucking terminal and coffin and cooperage manufacturing operations. Prior uses that appear to have led to site contamination are associated with the gas and service station operations, including the use of up to 15 underground storage tanks (USTs), one above ground storage tank (AST), and the use of solvents and oils during auto /truck repair activities. A 2010 Limited Phase II Site Assessment revealed evidence of significant subsurface petroleum contamination related to the former operation of a petroleum filling station and fuel distribution operation. Multiple DEC Spill files have been associated with the site. Municipal records indicate UST replacements due to leaking tanks. Petroleum Bulk Storage (PBS) records indicate that two 20.000 gallon No. 2 fuel oil USTs were closed in place on site. In November 2011 the site entered the Brownfield Cleanup Program and a remedial investigation commenced. Geology & Hydrogeology: The site is overlain by 8 feet of fill (sand, gravel, asphalt, brick), underlain by silty sandy clay grading into a brown silty clay unit. Shallow groundwater is at 4 -6 feet below ground surface (fbgs) and flows west towards the Buffalo River. Additional site details, including environmental and health assessment summaries, are available on DEC's website at http: / /www,dec,ny,g, ov /chemical /8OO90.html and http: / /www'dec.ny.gov /cfmx/extapps /derexternal /haz/ detail .cfm ?pageid =3 &progno= C915257. Brownfield Cleanup Program New York's Brownfield Cleanup Program (BCP) encourages the voluntary cleanup of contaminated properties known as "brownfields" so that they can be reused and redeveloped. These uses include recreation, housing, business or other uses. A brownfield is any real property that is difficult to reuse or redevelop because of the presence or potential presence of contamination. For more information about the BCP. visit: htttp; / /www,dec.ny,gov /chemical /8450.html. Who to Contact Comments and questions are always welcome and should be directed as follows: Prelated Related Questions: Anthony Lopes, P.E. NYS DEC 270 Michigan Ave Buffalo, NY 14203 716 - 851 -7220 allopes(cr_„gw, dec.state.nv,us Site - Related Health Questions: Matthew Forcucci NYS DOH 584 Delaware Ave Buffalo. NY 14202 716 - 847 -4501 beal lad health. state. nv. us Development Questions: David Hall 4216 Group, LLC 295 Main Street, Suite 210 Buffalo, NY 14203 dhall @ellicottdevelopment.com RECEIVED AND FILED NO. 329 NYSDEC- REMEDY PROPOSED TO ADDRESS CONTAMINATION -1318 NIAGARA The following link opens a fact sheet that invites public comment about a proposed remedy to address contamination related to the 1318 Niagara Street Site #E915213 (Buffalo, Erie County) under New York's Environmental Restoration Program: • 1318NiagaraStreetCleanupProposed .pdf NYSDEC is accepting public comments about the proposal through March 19, 2014. In addition, NYSDEC has scheduled a public meeting on February 12, 2014 to discuss the proposed remedy and accept public comments. Please see fact sheet for details. The fact sheet is in PDF format. You can save, open, and read the fact sheet by using Adobe Acrobat Reader. If you do not have Adobe Acrobat Reader, you can go to the following web page on the NYSDEC web site to download the program for free: http: / /www.dec.ny_.gov /about /590.html. Please do not respond to this email. Replies go to an untended mailbox. If you have questions about the contaminated site identified above, please use the contact information provided in the fact sheet. This fact sheet is being provided by the Division of Environmental Remediation within NYSDEC. RECEIVED AND FILED NO. 330 C.SCANLON -T. BARRETT- CONCERNS DEPUTY COMM JOSEPH TOMIZZI Letter from Thomas Barrett, Vice President of the Buffalo Professional Firefighters Union Dear Mr. Chwalinski, I am requesting that the attached letter be fled for the next Common Council meeting, scheduled for February 18, 2014. Thank you for your assistance. Dear Councilman Scanlon: It has come to my attention that Deputy Commissioner Joseph Tomizzi of the Buffalo Fire Department may have accessed the WEB RICI Computer System for purposes other than its intended use. After speaking to Marlaine Hoffman, Erie County Deputy Director of Information Services, she did inform me that Deputy Commissioner Tomizzi did in fact use WEB RICI to run a background check on one of our members, Firefighter William Buyers. Mr. Buyers is extremely upset and has filed a harassment charge against him with Human Resources at Buffalo City Hall. Marlaine also informed us that an audit was done on all of Deputy Commissioner Tomizzi's transactions and forwarded to Commissioner of Buffalo Fire Garnell Whitfield, who would run an investigation into this matter. We are asking that this honorable body request a copy of the final report of the investigation from Commissioner Whitfield to review its results and any wrong doings by the Deputy Commissioner Tomizzi. If you need any information please fee! free to call me. I am willing to speak at a Council meeting regarding this matter. Thank you, Thomas Barrett Vice President REFERRED TO CORPORATION COUNSEL AND THE COMMISSIONER OF HUMAN RESOURCES NO. 331 D.SMITH -D. PRIDGEN- SPONSOR THE 2 ND CONSTRUCTION CAREER FAIR Dear Mr. Pridgen As you know, access to diversity is one of the most pressing concerns in Building Trade Unions. To make a dent in that urgent need and to highlight this critical problem, City of Buffalo Common Council Majority Leader Demone Smith, LP Ciminelli, CASNY and Buffalo Building Trades will sponsor the 2 nd Construction Career Fair on Wednesday, March 19, 2014 at 10am until 2pm at the Buffalo Niagara Convention Center. At the event, an estimated 500 people will experienced the hands -on opportunity to explore the various fields in construction industry, Representatives from Insulators & Asbestos, Carpenters and more as well as Representatives from trade schools and colleges who offer construction related programs will be on -hand to answer questions about apprenticeships /employment and building trade's profession. We invite you to participate in our Construction Career Fair to learn the extent of the Construction Industry and to witness the efforts and opportunity to create diversity with high school students, GED students, Veterans, Minorities and women, formerly incarcerated with local labor unions in the City of Buffalo. We look forward to seeing you on Wednesday, March 19, 2014 and the opportunity to discuss these ideas with you further. If you are able to attend please contact Tianna Marks at (73.6) 851 -5145. Sincerely, Demone A. Smith Majority Leader Masten District Councilmember RECEIVED AND FILED NO. 332 D. SMITH -D. PRIDGEN- REQUEST ITEMS BE REFERRED TO THE HOUSING COMM Dear Council President Pridgen: Enclosed is the composition and focus of the Housing Committee of the City of Buffalo Common Council. In anticipation of the first meeting, I am requesting the following items be sent to the Committee from the Community Development and Legislation Committee. (CD 81)Lot Next door- Neighbor next door Auction- (CD 8)Demolition of Slated Properties Auction (CD 32) Sale of Vacant lot to Homeowners on Brinkman (CD -42) Ornamental landscape Gardens (Leg -99) Amend Chapter 341 - Problem Property Enforcement (Leg 46)ln Rem Tax Foreclosure (Leg 69) Land Bank (Leg 71)Sale Vacant /Abandon Property below Market Value (Leg 69) Property disposition (Leg 47) Tax Hardship Assistance (Leg 103) Rental Dwelling Unit (Leg 21) Property Maintenance Code Legislation updated There is still some organizational work to be done before the first meeting is scheduled. I will keep you updated on the progress. Thank you for your attention to this matter if there is any questions comments or concerns please do not hesitate to contact me directly. The Housing Committee of the Buffalo Common Council The purpose of the Housing Committee is to review and make recommendations on City functions in all areas pertaining to housing including but not limited to • Services • Dispensation • Regulations Common Council Appointees • Council Members: • Demone Smith- Chair • Richard Fontana • Rasheed Wyatt Citizen Appointments: • Joyce Stewart • Joy McDuffie • Phyllis Harris • Art Robinson Council Staff Assignments: Verne Shaw, Mark Jaskula and Alex Cornwell Housing Services Grants, Programs, Repairs, Home Rehabilitations CHODO's, Maintenance, Impact teams, Quality of: Life Programs, Clean, Board & Seal Programs Home Repair Program Disposition Purchase, Homestead, In -Rem Foreclosure, Independent Auctions (CD 81)Lot Next door- Neighbor next door Auction - (CD 8)Demolition of Slated Properties Auction (Leg 46)ln Rem Tax Foreclosure (Leg 69) Land Bank (Leg 71)Sale Vacant /Abandon Property Below Market Value (CD 32) Sale of Vacant lot to Homeowners on Brinkman (Leg 69) Property disposition (Leg 47) Tax Hardship Assistance Regulations (Leg 103) Rental Dwelling Unit Occupancy Tax Update City Court Fines Collections Leins & Collections (Leg 21) Property Maintenance Code Legislation updated Update Property Managers Law Site Inspections before foreclosures Establish vacant property bond fund Properly management law enforcement Abandonment language for City brought Properties Establish a business category for non- owner occupied Enforcement of Buffalo's Rental Registry Zombie Foreclosures (CD -42) Ornamental landscape Gardens (Leg -99) Amend Chapter 341 - Problem Property Enforcement LLC Reform Reports of TASK FORCES - Distress Properties - Project Slumlord - Anti - Flipping Task force RECEIVED AND FILED NO. 333 D. ULATOWSKI- CKTG -DEQR SUNOCO -432 DINGENS ST The Town of Cheektowaga identified this project as an unlisted action for the purpose of SEAR. The Town of Cheektowaga is not required but has chosen to coordinate the review with involved agencies pursuant to Part 617.6 (b) (3). Any involved or interested agency may submit objections in writing within thirty (30) days of the date of this notification. If no objections are expressed, the Town of Cheektowaga will assume lead agency status for this action and will make a determination of its significance. Written comments may be submitted to: Daniel J. Ulatowski, AICP, Planner Building Inspections Office Cheektowaga Town Hall 3301 Broadway Cheektowaga, New York 14227 Before: February 24, 2014 REFERRED TO THE CITY PLANNING BOARD NO. 334 US DEPT OF TRANSP- RESPONSE NY GATEWAY CONNECTION IMP PROJECT Attached is a scanned copy of the Federal Highway Administration's response to your January 22 letter transmitting the Common Council's resolution concerning the extension of the public comment period for the NY Gateway Connection Improvement Project. The original letter will be sent to you via the U.S. Mail, If you have any questions, do not hesitate - -call Robert Davies of my staff at 518 - 431 -8880 or mail him at robert.davies @.dot.gov Dear Mr. Montour: Thank you for your letter of January 22 to Federal Highway Administrator Victor Mendez by which you transmitted the adopted January 7 Council Resolution - Extending Public Comment Period for NY Gateway Connection Improvements Project (Golombek) and requested our review. Your letter was forwarded to the Federal Highway Administration (FHWA) New York Division for response. The Council's adopted January 7 resolution requested an extension of an additional 45 days to the New York Gateway Connections Improvement Project to the U.S. Peace Bridge Plaza Draft Environmental Impact Statement (DEIS) public comment period, thus extending the due date from January 13 to February 28. The resolution also requested to further publicize the project materials and website, and the community's ability to provide comment; and perform outreach to the 10 percent of nearby residents with no English or Spanish proficiency. In response to previous requests received from the public, the DEIS public comment period was extended by 15 additional days to January 28. This extension was formally enacted and announced on January 12. After careful consideration and coordination with the New York State Department of Transportation (N- YSDOT) who serves as the project sponsor, it is our position that an additional DEIS review time extension beyond the initial 15 day extension that was previously granted was not warranted. However, as FHWA works with NYSDOT to advance the proposed New York Gateway Connections Improvement Project to the U.S. Peace Bridge Plaza, we remain very interested in hearing public opinion regarding the project. We are also committed to ensuring the environmental review process is as comprehensive as possible and addresses all relevant information, including new development. To that end, after consulting with NYSDOT, a 30- day public comment period will be included once the Final Environmental Impact Statement (FEIS) is made available. While not required by law, this provides the public with an additional opportunity to submit meaningful comments before FHWA and NYSDOT complete the environmental review necessary m advance the project. In addition, consideration will be given to perform additional outreach to address the concerns raised regarding nearby residents with no English or Spanish proficiency. REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT PETITIONS NO. 335 M. PETRILLO, USE 1368 HERTEL, CREATE FRONT AND LEFT SIDE SIDEWALK PATIOS TO A SIT -IN RESTAURANT (HRG 2 /25)(DEL) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 336 J. SMITH, AGENT, USE 739 ELMWOOD TO EXPAND AN EXISTING RESTAURANT IN THE ELMWOOD AVE SPECIAL ZONING DISTRICT (HRG 2 /25)(DEL) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 337 L. DESIDERIO, AGENT, USE 1816 CLINTON ST TO OPEN AN EXISTING TAKE -OUT RESTAURANT IN THE CLINTON STREET SPECIAL ZONING DISTRICT (HRG 2/25)(LOV) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 338 W. YU, OWNER, USE 185 LANG FOR A GROUND SIGN AND TWO ILLUMINATED SIGNS (HRG 2/25)(LOV) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 339 J. WINGFEIDER, AGENT, USE 785 MAIN ST FOR A WALL & GROUND SIGN (HRG 2 /25)(ELL) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 340 M. VACCARO, OWNER, USE 1735 HERTEL, CONTINUE THE USE ERA RESTAURANT IN THE HERTEL AVENUE SPECIAL ZONING DISTRICT (HRG 2 /25)(DEL) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD NO. 341 P. STRADA, AGENT, USE 663 EAST FERRY FOR A POLE SIGN (NO HRG)(MAS) REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD REGULAR COMMITTEES CIVIL SERVICE (RASHEED N.C. WYATT, CHAIRPERSON) NO. 342 APPOINT ENGINEERING INSPECTOR(PERM)(STEP 11)(ROBINSON)(PW) (CCP# 167,14-02/04) Mr. Wyatt moved: That Communication 167 of February 4, 2014, be received and Filed and that the Permanent Appointment of Rohney Robinson, 58 Treehaven Rd, Buffalo, NY 14215 of at the Intermediate Salary of $42,252.00 is hereby approved PASSED AYES -8 NOES -0 NO. 343 APPOINT METER READER(PERM)(STEP 2)(BERDYCH)(PW) (CCP# 168,14-02/04) Mr. Wyatt moved: That Communication 168 of February 4, 2014, be received and Filed and that the Permanent Appointment of Andrew Berdych, 36 Howell St, Buffalo, NY 14207 at the Intermediate Salary of $23,130.00 is hereby approved PASSED AYES -8 NOES -0 NO. 344 APPOINT SECRETARY TO COMMISSIONER (PERM)(EXEMPT)(LAMPARELLI)(HR) COP# 175, 14 -02/04 Mr. Wyatt moved: That the above item be the same and hereby is Received and Filed ADOPTED NO. 345 APPOINT PERSONNEL SPECIALIST II(PERM)(MAX)(LENCZYK)(HR) (CCP# 176,14-02/04) Mr. Wyatt moved: That Communication 176 of February 4, 2014, be received and Flied and that the Permanent Appointment of Carolyn Lenczyk, 129 Walter St, Buffalo, NY 14210 at the Maximum Salary of $56,848.00 is hereby approved PASSED AYES -8 NOES -0 NO. 346 APPOINT PERSONNEL SPECIALIST I(PERRN)(MAX)(MCLAUGHLIN)(HR) (CCP# 177,14-02/04) Mr. Wyatt moved: That Communication 177 of February 4, 2014, be received and Filed and that the Permanent Appointment of Willie Mclaughlin, 70 Phyllis Avenue, Buffalo, NY 14215 at the Maximum Salary of $48,500.00 is hereby approved PASSED AYES -8 NOES - 0 NO. 347 NOTICES OF APPOINTMENTS - TEMP /PROV /PERM CCP # 193,14-02/04 Mr. Wyatt moved: That the above item be the same and hereby is Received and Filed ADOPTED FINANCE (RICHARD A. FONTANA CHAIRMAN) NO. 348 INTERFUND CASH LOAN - ERIE COUNTY HISTORICAL SOCIETY (COMPT) (ITEM NO. 153, C.C.P., FEB. 4, 2014) Mr. Fontana moved: That the above item be, and the same hereby is, returned to the Common Council with a recommendation for approval; That the Common Council hereby approves an interfund cash loan from the General Fund to the City's Capital Improvement Fund in the amount of $530,000.00 against the 2013 City Capital Improvements Budget for the Erie County Historical Society. The loan wii1 be repaid when BANs or Bonds are issued in Fiscal Year 2013 -14. PASSED AYES 8, NOES 0 NO. 349 BOND RESOLUTION - POLICE VEHICLES PURCHASE (ITEM NO. 250, C.C.P., FEB. 4, 2014) That the Comptroller is hereby authorized to issue General Improvement Bonds of the City of Buffalo to finance the cost of acquisition of police vehicles for the Buffalo Police Headquarters in the City, at the estimated total cost of $1,070.000.00. PASSED AYES 8, NOES 0 NO. 360 BOND RESOLUTION - STREET VEHICLES PURCHASE (ITEM NO. 251, C.C.P., FEB. 4, 2014) That the Comptroller is hereby authorized to issue General Improvement Bonds of the City of Buffalo to finance the cost of acquisition of garbage tracks and packers for the sanitation department in the City, at the estimated total cost of $900,000.00. PASSED AYES 8, NOES 0 NO. 351 BOND RESOLUTION - COLVIN ESTATES ROAD CONSTRUCTION - PHASE II (ITEM NO. 252, C.C.P., FEB. 4, 2014) That the Comptroller is hereby authorized to issue General Improvement Bonds of the City of Buffalo to finance the cost of construction to extend the current Rachel Vincent Way Street, in the City, at the estimated cost of $561,686.00, and to authorize $61,686.00 expected to be received from the Colvin Estates project developer to be expended towards the cost thereof or redemption of the Bonds issued therefore or to be budgeted as an offset to the taxes for the payment of the principal of and interest on said Bonds of the City. PASSED AYES 8, NOES 0 NO. 352 BOND RESOLUTION - COURT STREET IMPROVEMENTS (ITEM NO. 253, C.C.P., FEB. 4, 2014) That the Comptroller is hereby authorized to issue General Improvement Bonds of the City of Buffalo to finance the cost of partial reconstruction of various highway and other infrastructure elements on existing City rights -of -way within the Court Street Streetscape and Rehabilitation project area in the City, at the estimated total cost of $802,500.00. PASSED AYES 8, NOES 0 NO. 353 BOND RESOLUTION - INFRASTRUCTURE IMPROVEMENTS - CITYWIDE (ITEM NO. 254, C.C.P., FEB. 4, 2014) That the Comptroller is hereby authorized to issue General Improvement Bonds of the City of Buffalo to finance the cost of Citywide infrastructure improvements, at the estimated total cost of $5,440,000.00. PASSED AYES 8, NOES 0 NO. 354 BOND RESOLUTION - KENMORE AVENUE (COLVIN- MILITARY) (ITEM NO. 255, C.C.P., FEB. 4, 2014) That the Comptroller is hereby authorized to issue General Improvement Bonds of the City of Buffalo to finance the cost of partial reconstruction of Kenmore Avenue from Colvin to Military in the City, at the estimated total Cost of $535,000.00. PASSED AYES 8, NOES 0 NO. 355 BOND RESOLUTION NIAGARA STREET GATEWAY (ITEM NO. 256, C.C.P., FEB. 4, 2014) That the Comptroller is hereby authorized to issue General Improvement Bonds of the City of Buffalo to finance the local share of the cost of partial reconstruction of Niagara Street from South Elmwood to Virginia Street, located in the City, at the estimated maximum cost of $2,911,250.00, and authorizing $1,903,000.00 expected to be received from the United States of America and $497,000.00 expected to be received from the Buffalo Sewer Authority to be expended towards the cost thereof or redemption of the Bonds issued therefor or to be budgeted as an offset to the taxes for the payment of the principal of and interest on said Bonds of the City. PASSED AYES 8, NOES 0 NO. 356 BOND RESOLUTION - SOUTH OGDEN AND MINERAL SPRINGS BRIDGE REHABILITATION (ITEM NO. 257, C.C.P., FEB. 4, 2014) That the Comptroller is hereby authorized to issue General Improvement Bonds of the City of Buffalo to finance the local share of the cost of planning replacement of the South Ogden Street Bridge over the Buffalo River in the City, at the estimated maximum cost of $53,500.00. PASSED AYES 8, NOES 0 NO. 357 BOND RESOLUTION - STREET LIGHTING CITYWIDE (ITEM NO. 258, C.C.P., FEB. 4, 2014) That the Comptroller is hereby authorized to issue General Improvement Bonds of the City of Buffalo to finance the cost of improvements to City -owned street lighting facilities located throughout the City, at the estimated cost of $400,000.00. PASSED AYES 8, NOES 0 NO. 358 BOND RESOLUTION - TRAFFIC SIGNAL IMPROVEMENTS - CITYWIDE (ITEM NO. 269, C.C.P., FEB. 4, 2014) That the Comptroller is hereby authorized to issue General Improvement Bonds of the City of Buffalo to finance the cost of acquisition on new traffic control facilities, at the estimated cost of $200,000.00. PASSED AYES 8, NOES 0 NO. 369 BOND RESOLUTION - WEST FERRY LIFT BRIDGE REHABILITATION (ITEM NO. 260, C.C.P., FEB. 4, 2014) That the Comptroller is hereby authorized to issue General Improvement Bonds of the City of Buffalo to finance the local share of the cost of partial reconstruction of the West Ferry Street Lift Bridge over the Black Rock Canal between Niagara Street and Squaw Island in the City, at the estimated maximum cost of $8,512,000.00, and authorizing $7,228,000.00 expected to be received from the United States of America and /or the State of New York to be expended towards the cost thereof or redemption of the Bonds issued therefor or to be budgeted as an offset to the taxes for the payment of the principal of and interest on said Bonds of the City. PASSED AYES 8, NOES 0 NO. 360 BOND RESOLUTION - BROADWAY GARAGE IMPROVEMENTS (ITEM NO. 261, C.C.P., FEB. 4, 2014) That the Comptroller is hereby authorized to issue General Improvement Bonds of the City of Buffalo to finance the cost of partial reconstruction of the Broadway Garage located at 193 Broadway in the City, at the estimated total cost of $400,000.00. PASSED AYES 8, NOES 0 NO. 361 BOND RESOLUTION - BUILDING IMPROVEMENTS (ENVIRONMENTAL ABATEMENT) (ITEM NO. 262, C.C.P., FEB. 4, 2014) That the Comptroller is hereby authorized to issue General Improvement Bonds of the City of Buffalo to finance the cost of partial reconstruction of various City - owned buildings to provide for environmental hazard abatement, at the estimated total cost of $535,000.00. PASSED AYES 8, NOES 0 NO. 362 BOND RESOLUTION - BUILDING PLANNING AND DESIGN (ITEM NO. 263, C.C.P., FEB. 4, 2014) That the Comptroller is hereby authorized to issue General Improvement Bonds of the City of Buffalo to finance the cost of planning building improvements Citywide at the estimated total cost of $535,000.00. PASSED AYES 8, NOES 0 NO. 363 BOND RESOLUTION - CAZENOVIA/LOVEJOY POOL RECONSTRUCTION (ITEM NO. 264, C.C.P., FEB. 4, 2014) That the Comptroller is hereby authorized to issue General Improvement Bonds of the City of Buffalo to finance the cost of improvements to the Cazenovia and Lovejoy pool facilities in the City, at the estimated total cost of $482,750.00 PASSED AYES 8, NOES 0 NO. 364 BOND RESOLUTION - CITY COURT REHABILITATION (ITEM NO. 266, C.C.P., FEB. 4, 2014) That the Comptroller is hereby authorized to issue General Improvement Bonds of the City of Buffalo to finance the cost of partial reconstruction &the Buffalo City Court building, located at 50 Delaware Avenue in the City, at the estimated total cost of $400,000.00 PASSED AYES 8, NOES 0 NO. 366 BOND RESOLUTION -COMMUNITY CENTER -VARIOUS SITES (ITEM NO. 266, C.C.P., FEB. 4, 2014) That the Comptroller is hereby authorized to issue General Improvement Bonds of the City of Buffalo to finance the cost of partial reconstruction of various Community Center buildings located throughout the City, at the estimated total cost of $210,000.00. PASSED AYES 8, NOES 0 NO. 366 BOND RESOLUTION - DOWNTOWN BALL PARK (COCA COLA FIELD) (ITEM NO. 267, C.C.P., FEB. 4, 2014) That the Comptroller is hereby authorized to issue General Improvement Bonds of the City of Buffalo to finance the cost of recreational area improvements to Coca Cola Field, located at 275 Washington Street in the City, at the estimated total cost of $500,000.00. PASSED AYES 8, NOES 0 NO. 367 BOND RESOLUTION - BUFFALO FIRE DEPARTMENT BUILDINGS RECONSTRUCTION /RENOVATION (ITEM NO. 268, C.C.P., FEB. 4, 2014) That the Comptroller is hereby authorized to issue General Improvement Bonds of the City of Buffalo to finance the cost of partial reconstruction of various fire stations located throughout the City, at the estimated total cost of $400,000.00. PASSED AYES 8, NOES 0 NO. 368 BOND RESOLUTION - LIBRARY IMPROVEMENTS (VARIOUS) (ITEM NO. 259, C.C.P., FEB. 4, 2014) That the Comptroller is hereby authorized to issue General Improvement Bonds of the City of Buffalo to finance the cost of partial reconstruction of various City Library buildings, at the estimated total cost of $350,000.00. PASSED AYES 8, NOES 0 NO. 369 BOND RESOLUTION - MILK PARK CASINO EXTERIOR IMPROVEMENTS (ITEM NO. 270, C.C.P., FEB. 4, 2014) That the Comptroller is hereby authorized to issue General Improvement Bonds of the City of Buffalo to finance the cost of recreational area improvements of the Martin Luther King Park Casino building at Humboldt Parkway in the City, at the estimated total cost of $500,000.00. PASSED AYES 8, NOES 0 NO. 370 BOND RESOLUTION - POLICE PRECINCT RENOVATIONS (ITEM NO. 271, C.C.P., FEB. 4, 2014) That the Comptroller is hereby authorized to issue General Improvement Bonds of the City of Buffalo to finance the cost of partial reconstruction of Police Headquarters and Precinct No. 7 in the City, at the estimated total cost of $400,000.00. PASSED AYES 8, NOES 0 NO. 371 BOND RESOLUTION ARCTIC EDGE POLAR BEAR EXHIBIT (ZOO) (ITEM NO. 272, C.C.P., FEB. 4, 2014) That the Comptroller is hereby authorized to issue General Improvement Bonds of the City of Buffalo to finance the cost of recreational area improvements of the Polar Bear Exhibit located at the Buffalo Zoo in the City, at the estimated total cost of $650,000.00. PASSED AYES 8, NOES 0 NO. 372 BOND RESOLUTION - PUBLIC ARTS AND MONUMENT RESTORATION (ITEM NO. 273, C.C.P., FEB. 4, 2014) That the Comptroller is hereby authorized to issue General Improvement Bonds of the City of Buffalo to finance the cost of restoration of City -owned artwork and monuments located throughout the City, at the estimated total cost of $229,000.00. PASSED AYES 8, NOES 0 NO. 373 BOND RESOLUTION - PARK IMPROVEMENTS - CITYWIDE (ITEM NO. 274. C.C.P., FEB. 4, 2014) That the Comptroller is hereby authorized to issue General Improvement Bonds of the City of Buffalo to finance the cost of recreational area improvements to various parks located throughout the City, at the estimated total cost of $1,634,000.00. PASSED AYES 8, NOES 0 NO. 374 BOND RESOLUTION - TREE REMOVAL AND PLANTING (ITEM NO. 275, C.C.P., FEB. 4, 2014) That the Comptroller is hereby authorized to issue General Improvement Bonds of the City of Buffalo to finance the cost of existing tree inventory and vacant planting space evaluation to continue the citywide street side and park planting project, at the estimated total cost of $300,000.00. PASSED AYES 8, NOES 0 NO. 375 BOND RESOLUTION - DEMOLITIONS - EMERGENCY CONDITIONS - CITYWIDE (ITEM NO. 276, C.C.P., FEB. 4, 2014) That the Comptroller is hereby authorized to issue General Improvement Bonds of the City of Buffalo to finance the cost of demolition of various City -owned and private buildings which pose a significant threat to public health or safety, at the estimated total cost of 3,253,000.00. PASSED AYES 8, NOES 0 NO. 376 SNOW REMOVAL STANDARD OPERATING PROCEDURE CCP# 11, 13 -10/15 Mr. Fontana moved: That the above item be the same and hereby is Received and Filed ADOPTED NO. 377 AUDIT REPORT CONTRACT FOR OPERATIONS ERIE BASIN MARINA -2008 TO 2012(COMPT) CCP# 7, 13 -09/17 Mr. Fontana moved: That the above item be the same and hereby is Received and Filed ADOPTED NO. 378 RESPONSE TO AUDIT REPORT RE CONTRACT FOR OPERATIONS ERIE BASIN MARINA(PW) CCP #23, 13 -09/17 Mr. Fontana moved: That the above item be the same and hereby is Received and Filed ADOPTED NO. 379 D. SMITH -DRAFT ORDINANCE -COB TAX FORECLOSURE REFORM CCP #69, 13 -07/09 Mr. Fontana moved: That the above item be the same and hereby is Referred to the Housing Committee of The Common Council ADOPTED NO. 380 CREDIT RATING AND COLLECTION CO REPORTING FOR ABANDONED BUILDING OWNERS CCP# 143,12-02/21 Mr. Fontana moved: That the above item be the same and hereby is Referred to the Housing Committee of The Common Council ADOPTED COMMUNITY DEVELOPMENT (JOSEPH GOLOMBEK, JR., CHAIRMAN) NO. 381 REPORT OF SALE - 487 DODGE (ELL)(STTAT PLAN) (ITEM NO. 51, C.C.P., JAN. 21, 2014) Mr. Golombek moved: That the above item be, and the same hereby is, returned to the Common Council without recommendation; That the offer from Robert Didier Ndzana Siani of 40 Portbush Trail, Brampton, Ontario, Canada L6XOR2, and Francis Njionou Nguefang of 22 Peckham Street, Buffalo, New York 14206, in the amount of Two Thousand Five Hundred Dollars ($2,500.00) for the purchase of 487 Dodge, 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. 382 REPORT OF SALE - 647 NORFOLK (MASTEN)(STRAT PLAN) (ITEM NO: 54, C.C.P., JAN. 21 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. Ernest Kelly, 2256 Northlake Parkway, Suite 301, Atlanta, Georgia 30084, in the amount of Four Thousand Dollars ($4,000.00) for the purchase of 647 Norfolk, 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. 383 REPORT OF SALE - 680 NORTHUMBERLAND (MASTEN)(STRAT PLAN) (ITEM NO. 55, C.C.P., JAN. 21 2014) Mr. Golombek moved: That the above item be, and the same hereby is, returned to the Common Council without recommendation; That the offer from Ms. Emily E. Vaughn, 25 Erskine Avenue, Buffalo, New York 14215, in the amount of Three Thousand Five Dollars ($3,500.00) for the purchase of 380 Northumberland, 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. 384 HOLD INDEPENDENT IN -REM AUCTION FOR DEMO - SLATED PROPERTIES(FONTANA) (C.C.P #14 -138, JAN 21) Mr. Golombek now moves that the above item is hereby referred to the Special Committee on Housing. ADOPTED NO. 385 J. GOLOMBEK- ARTICLE COMPTROLLER WANTS NON - PROFIT TO TAKE OVER CITY'S HOME REPAIR PROGRAM (C.C.P #13 -45, DEC 10) Mr. Golombek now moves that the above item is hereby referred to the Special Committee on Housing. ADOPTED NO. 386 HOLD INDEPENDENT IN REM AUCTION FOR DEMOLITION - SLATED PROPERTIES(FONTANA) (C.C.P #13 -77, DEC 10) Mr. Golombek now moves that the above item is hereby referred to the Special Committee on Housing. ADOPTED NO. 387 SALE OF VACANT LOT TO HOMEOWNERS ON BRINKMAN AVE (13 -96 RES, SEPT 3) That the above item be and hereby is referred to the Common Council with a motion to Receive and File: Mr. Golombek now moves that the item be Recommitted to the Committee on Community Development. ADOPTED NO. 388 REPORT OF SALE - 1767 BAILEY (LOV)(STRAT PLAN) (ITEM NO. 103, C.C.P., JULY 23, 2013) Mr. Golombek moved: That the above item be, and the same hereby is, returned to the Common Council without recommendation; That the offer from Ms. April Waters, 148 Dartmouth Avenue, Buffalo, New York 14214, in the amount of Two Thousand Two Hundred Dollars ($2,200.00) for the purchase of 1767 Bailey, be and hereby is accepted; and That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted. PASSED AYES 8, NOES 0 NO. 389 PROTECT ORNAMENTAL LANDSCAPED GARDENS(FRANCZYK) (C.C.P #13 -64, MAY 28) Mr. Golombek now moves that the above item is hereby referred to the Special Committee on Housing. ADOPTED NO. 390 VACANT LOT AUCTION -AKA NEIGHBOR NEXT DOOR LOT AUCTION(SMITH) (C.C.P #12 -99, JULY 10) Mr. Golombek now moves that the above item is hereby referred to the Special Committee on Housing. ADOPTED LEGISLATION (CHRISTOPHER P. SCANLON, CHAIRMAN) NO. 391 RESTRICTED USE PERMIT -69 W. CHIPPEWA (2/6/14) (C.C.P #14 -180, FEB 4) Mr. Scanlon now moves that the above item be Received and Filed. ADOPTED NO. 392 RESTRICTED USE PERMIT - 69 W. CHIPPEWA (ELI) (CITY C1K) (ITEM NO. 181, 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 denial; 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 February 28, 2014 is hereby denied. DENIED NO. 393 RESTRICTED USE PERMIT -75 W. CHIPPEWA (2/14/14) (C.C.P #14 -182, FEB 4) Mr. Scanlon now moves that the above item be Received and Filed. ADOPTED NO. 394 RESTRICTED USE PERMIT - 75 W. CHIPPEWA (ELL) (CITY CLK) (ITEM NO. 183, C.C.P., FEB. 4, 2014) Mr. Scallion 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 February 28, 2014 is hereby approved. PASSED AYES 8, NOES 0 NO. 395 RESTRICTED USE PERMIT 75 W. CHIPPEWA (ELL) (CITY CLK) (ITEM NO. 184, 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 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. 396 R. NEAL, OWNER, TO USE 534 EGGERT TO ALTER USE FROM A HAIR SALON TO A RETAIL SALES AND STORAGE(UNIV)(DPIS) (ITEM NO. 201, 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 R. Neal, Owner, to alter the use of a hair salon (front lower) row retail, storage and two (2) apartments to be used for retail sales (front lower) row retail, storage and two (2) apartments in the Kensington /Bailey Special District upon the following conditions: Close of business store hours is 9:00 p.m. or before • Selling of adult sex paraphernalia and /or adult parties that do not apply to retail sales are prohibited. PASSED AYES 8, NOES 0 NO. 397 A. SANDERS, OWNER, TO USE 890 KENSINGTON TO ALTER OFFICES INTO A BANQUET HALL (MASTEN)(DPIS) (ITEM NO. 202, 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 A. Sanders, Owner, to alter and renovate an office (first floor) and storage (second floor) to a banquet hall on the first floor and storage on second floor in the Kensington - Bailey Special District. PASSED AYES 8, NOES 0 NO. 398 S. SAVARINO, AGENT, TO USE 332 MYRTLE FOR A PARKING LOT (FILL & ELL) (ITEM NO. 203, 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 pursuant to Section 511 -98 of the City of Buffalo Code, the Common Council hereby authorizes the creation of a restricted parking lot for a mixed -use building at 332 Myrtle. PASSED AYES 8, NOES 0 NO. 399 S. CRYAN, OWNER, USE 1121 SENECA TO ERECT A POLE SIGN TO THE FRONT OF A COMMERCIAL SHOP (FILL) (DPIS) (ITEM NO. 205, 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 application of S. Cryan to erect a pole sign to the front of a commercial shop is hereby approved. PASSED AYES 8, NOES 0 NO. 400 FOOD STORE LICENSE (NEW) - 59 WALDEN (FILL)(DPIS) (ITEM NO. 94, C.C.P., JAN. 21, 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 Commissioner of Permits and Inspections Services is hereby authorized pursuant to Chapter 194 of the City Code to issue a Food Store License to MD Torapali Gazi d /b /a Al Madina Mini Mart Inc. located at 59 Walden. PASSED AYES 8, NOES 0 NO. 401 FOOD STORE LICENSE (NEW) -243 WALDEN(FILO(EDPI) (14 -95 RES, JAN 21) That the above item be and hereby is referred to the Common Council without a recommendation: Mr. Scanlon now moves that the item be Recommitted to the Committee on Legislation. ADOPTED NO. 402 USED CAR DEALER - 771 BROADWAY (FILL)(DPIS) (ITEM NO. 95, C.C.P., JAN. 21, 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 Commissioner of the Department of Economic Development, Permits and Inspections Services is hereby authorized pursuant to Chapter 254 of the City Code to issue a Used Car Dealer License to Shamar Davis d /b /a SSD Auto Inc., located at 771 Broadway. PASSED AYES 8, NOES 0 NO. 403 RESPONSE TO TIM HORTON'S CHALLENGING DECISION RE SIGN(PRES BD) (C.C.P #13 -2, DEC 23) Mr. Scanlon now moves that the above item be Received and Filed. ADOPTED NO. 404 M. LOCURTO -CITY CHARTER PROPERTY MAINTENANCE CH 341 - ARICLE 11 (C.C.P #13 -45, OCT 29) Mr. Scanlon now moves that the above item be Received and Filed. ADOPTED NO. 406 R. FONTANA -C. MUELLER - RESPONSE FROM TIME WARNER REQ 7/16 LEGISLATION MEETING (C.C.P #13 -65, SEPT 3) Mr. Scanlon now moves that the above item be Received and Filed. ADOPTED NO. 406 R. FONTANA -USPS RESPONSE REMOVAL OF COLLECTION BOXES (C.C.P #13 -66, SEPT 3) Mr. Scanlon now moves that the above item be Received and Filed. ADOPTED NO. 407 NYSDEC -REQ FOR DESIGNATION OF LEAD AGENCY BATTAGLIA TRANSFER STATION (C.C.P #13 -80, JULY 23) Mr. Scanlon now moves that the above item be Received and Filed. ADOPTED NO. 408 M MONTANEZ, OWNER, USE 1190 LOVEJOY, MERCHANDISE STORE SELLING TOBACCO LOVEJOY SPECIAL ZONING DISTRICT(LOV)(HRG 7/16) (13 -71 RES, JULY 9) That the above item be and hereby is referred to the Common Council without a recommendation: Mr. Scanlon now moves that the item be Recommitted to the Committee on Legislation. ADOPTED NO. 409 INFO FROM TIME WARNER RE HIGHER QUALITY DIGITAL(CP) (C.C.P #13 -21, JULY 9) Mr. Scanlon now moves that the above item be Received and Filed. ADOPTED NO. 410 PROBLEMS WITH GAS STATION LOCATED AT 1301 HERTEL AVE(DEL)(POLICE) (C.C.P #13 -53, JUNE 11) Mr. Scanlon now moves that the above item be Received and Filed. ADOPTED NO. 411 D. PRIDGEN -K. MINKEL -RESP TO RES #905 5/14/13, COUNCIL APPROVAL FOR NFTA BUS STOP CHANGES (C.C.P #13 -70, JUNE 11) Mr. Scanlon now moves that the above item be Received and Filed. ADOPTED NO. 412 D. SMITH- IN REM TAX FORECLOSURE PROPOSED ORDINANCE HIGHLIGHTS (C.C.P #13 -78, JUNE 11) Mr. Scanlon now moves that the above item is hereby referred to the Special Committee on Housing. ADOPTED NO. 413 D, SMITH -D. WEBSTER- CREATE PROPERTY TAX HARDSHIP PROGRAM TO PREVENT LOW INCOME HOMEOWNERS TO PREVENT IN -REM (C.C.P #13 -78, JUNE 11) Mr. Scanlon now moves that the above item is hereby referred to the Special Committee on Housing. ADOPTED NO. 414 D. LEMANSKI & O- AGAINST BATTAGLIA CORP INCR TONAGE AND HRS OF OPERATIONS (C.C.P #13 -86, JUNE 11) Mr. Scanlon now moves that the above item be Received and Filed. ADOPTED NO. 416 COUNCIL APPROVAL FOR NFTA BUS STOP CHANGES THAT EFFECT PARKING(PRIDGEN)(EXC RES - ) (C.C.P #13 -95, MAY 14) Mr. Scanlon now moves that the above item be Received and Filed. ADOPTED NO. 416 IRREGULARITIES AT THE ERIE COUNTY BOARD OF ELECTIONS(EXC RES)(SMITH) (C.C.P #13 -103, FEB 5) Mr. Scanlon now moves that the above item be Received and Filed. ADOPTED NO. 417 PROPERTY DISPOSITION(SMITH) (C.C.P #12 -116, MAY 1) Mr. Scanlon now moves that the above item is hereby referred to the Special Committee on Housing. ADOPTED NO. 418 SALE OF VACANT /ABANDONED PROPERTY BELOW MARKET VALUE (EXC 2 ND &3 RD RES) (C.C.P #12 -118, FEB 21) ( #116,2/7) Mr. Scanlon now moves that the above item is hereby referred to the Special Committee on Housing. ADOPTED NO. 419 P. BARR- LEGALIZATION OF BEEKEEPING IN COB (C.C.P #11 -33, OCT 18) Mr. Scanlon now moves that the above item be Received and Filed. ADOPTED NO. 420 FOOD STORE LICENSE (NEW) - 1624 WILLIAM (LOV)(DPIS) (ITEM NO. 66, C.C.P., FEB. 7, 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 Ahmed Nashir d /b /a Bluntvill Distribution Inc. located at 1624 William. 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.421 NYSDEC -SEQR LEAD AGENCY COORD - BATTAGLIA TRANSFER STATION (C.C.P #13 -62, MAR 19) Mr. Scanlon now moves that the above item be Received and Filed. ADOPTED RESOLUTIONS NO. 422 BY: MR. FONTANA INCREASED APPROPRIATION That pursuant to Section §20 -12 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the appropriation in the budget for the current fiscal year for $975,000 be and the same are hereby increased in the sum of $800,000. The amount of increased appropriation will be met from increased revenue in the account titled Fund Balance- Unreserved, appropriated for this purpose. That the comptroller be and hereby is authorized and directed to increase the revenue estimate for the account to meet this increased appropriation as set forth below: From: 10700096- 397000 Fund Balance- Unreserved $800,000 To: 13296006- 480000 Public Works- Buildings - Other Services $400,000 1503005 - 461106 Public Works- Street Sanitation -Salt & Sand $400,000 PASSED AYES 8, NOES 0 NO. 423 BY: MR. FRANCZYK ORDINANCE AMENDMENT CH#495 -34 SLIP RENTAL ERIE BASIN MARINA Ordinance Amendment The Common Council of the City of Buffalo does hereby ordain as follows: Section 1. That § 175.1 of Chapter 175 of the Code of the City of Buffalo be amended by amending subdivision §495 -34 to read as follows: §495 -34, docking at city -owned properties (excluding Erie Basin Marina) $1.30 per foot /per day Slip Rental at Erie Basin Marina Based on boat size for the 2014 season Resident Nonresident Up to and including 20 feet $750 $825 Over 20 feet, up to and including $1,075 $1,190 30 feet Over 30 feet up to and including $1,450 $1,580 38 feet Slip Rental at Erie Basin Marina Based on boat size for the 2015 season Resident Nonresident Up to and including 20 feet 750 $1,050 Over 20 feet, up to and including 30 feet $1,200 $1,600 Over 30 feet up to and including 38 feet $1,700 $2,150 Slip Rental at Erie Basin Marina Based on boat size for the 2016 season Resident Nonresident Up to and including 20 feet 900 $1,150 Over 20 feet, up to and including 30 feet $1,400 $1,950 Over 30 feet up to and including 38 feet $1,950 $2,725 Slip Rental at Erie Basin Marina Based on boat size for the 2017 season and after Resident Nonresident Up to and including 20 feet 900 $1,250 Over 20 feet, up to and including 30 feet $1,600 $2,225 Over 30 feet up to and including 38 feet $2,200 $3,200 § 2. This Ordinance Amendment shall take effect immediately upon being duly ratified pursuant to §3 -19 of the City Charter. APPROVED AS TO FORM TIMOTHY A. BALL CORPORATION COUNSEL By: Alan P. Gerstman Asst. Corporation counsel Underlined material is new. Material in brackets [ ] is repealed. REFERRED TO THE COMMITTEE ON FINANCE BY: MR. FRANCZYK NO. 424 PERMISSION TO HANG FLAGS ALONG OLD NEIGHBORHOOD PARADE ROUTE Whereas: The Valley Community Center founded the Old Neighborhood St. Patrick's Day Parade in 1994; and Whereas: The parade retraces the original St. Patrick's Day 1914 parade route and focuses on fun, and the tradition and nostalgia associated with the Old First Ward and Valley neighborhood; and Whereas: The first parade started out small with about twenty marching units. This year, on March 15, 2014, the Old Neighborhood St. Patrick's Day Parade will have over 120 marching units and is the second largest St. Patrick's Day Parade in Western New York; and Whereas: The Valley Community Center is requesting to hang flags along the parade route from March 1, 2014 to March 22, 2014; Now, Therefore, Be It Resolved: That the City of Buffalo Common Council hereby permits the Valley Community Center to hang flags along the route of the Old Neighborhood St. Patrick' Day Parade. The flags will be installed on March 1, 2014 and stay up until March 22, 2014; and Now, Therefore, Be It Further Resolved: That the flags be hung in accordance with all conditions, restrictions, and requirements as set forth by the City of Buffalo and the Department of Public Works, Parks and Streets. PASSED AYES 8, NOES 0 NO. 426 BY: MESSERS: FRANCZYK, FONTANA AND SCANLON DATE: FEBRUARY 18, 2014 WAIVE SPECIAL EVENT PERMIT FEE FOR "OLD NEIGHBORHOOD" ST. PATRICK'S DAY PARADE Whereas: The Valley Community Association is dedicated to enhancing the quality of life of the residents of the "Valley" and "Old First Ward" neighborhoods of the City of Buffalo; and Whereas: Each year the Valley Community Center hosts the Old Neighborhood St. Patrick's Day Parade; and Whereas: The Old Neighborhood parade exists as a unique and authentic representation of Irish - American Culture by replicating the decorations and customs of the original St. Patrick's Day parade held by Irish - American immigrants in 1913; and Whereas: The Old Neighborhood parade features over one hundred marching units and floats exhibiting the many influences of Irish heritage upon the Buffalo community; and Whereas: This year the Old Neighborhood St. Patrick's Day Parade will be held on Saturday, March 15, 2014; and Whereas: Since its inception, the Old Neighborhood parade has grown exponentially to rival the downtown St. Patrick's Day celebration in Buffalo and Western New York; Now, Therefore Be It Resolved: That the Common Council of the City of Buffalo waives the Special Event application and all permit fees associated with the 2014 Old Neighborhood St. Patrick's Day Parade; and Be It Further Resolved: That copies of this resolution be sent to the Department of Public Works, Parks and Streets and the Office of Special Events. PASSED AYES 8, NOES 0 NO. 426 BY: MR. GOLOMBEK DATE: FEBRUARY 18, 2014 INVITE WITNESSES TO APPEAR BEFORE THE COMMON COUNCIL COMMITTEE ON COMMUNITY DEVELOPMENT Whereas: Recent media investigations into the NY Gateway Connections Improvement Project have exposed substantial inconsistencies that challenge the integrity of the environmental review being administered; and Whereas: Significant public controversy surrounds the project as many citizens of Buffalo and prominent community environmental organizations have criticized the merits of the projects and its impact on the health and welfare of the children and adults living near the Peace Bridge; and Whereas: The Committee on Community Development will be holding a special meeting in efforts to bring all parties together so that matters concerning the Peace Bridge can be discussed; and Now, Therefore Be It Resolved: That this Common Council of the City of Buffalo formally invites the following individuals to appear before the Common Council Committee on Community Development; Daniel Tangherlini Administrator US General Services Administration 1800 F Street, NW Washington, DC 20405 Denise Pease Regional Administrator US General Services Administration 26 Federal Plaza New York, NY 10278 Sunaree Marshall US Department of Housing and Urban Development 451 7 th Street, SW Madeline Caliendo Associate Administrator for Civil Rights US General Services Administration 1800 F Street, NW Washington, DC 20405 Peter Rizzo Senior Planner US General Services Administration 301 7 th Street, SW Washington, DC 20407 Washington, DC 20410; and Be it Further Resolved: That all parties listed shall be invited to appear as witnesses before the Common Council Committee on Community Development of the City of Buffalo Tuesday, March 11, 2014 at 5:30pm in Council Chambers, 13 floor, City of Buffalo, New York, 14202; and Be it Finally Resolved: That as witnesses, these individuals will be asked to testify and answer questions concerning an August 2012 Federal inter - agency environmental justice investigation into the severe childhood asthma rate that exists in the West Side of Buffalo, New York, as reported by the Buffalo News on January 26, 2014. It is the understanding of the City of Buffalo Common Council that the environmental justice investigation began as a good faith effort to implement President Barack Obama's environmental justice agenda, but was prematurely halted by top officials at the US General Serves Administration (GSA). ADOPTED NO. 427 SPONSOR: DAVID A. RIVERA DATE: FEBRUARY 18, 2014 DISCHARGE LEGISLATION COMMITTEE FROM CONSIDERATION OF THE FOLLOWING ITEM "Use 1270 Niagara to Convert Portion of Factory/Warehouse For a Micro - Brewery and Outdoor Cafe in the Niagara River Coastal Region" (Item No 13 -35, C.C.P. November 12, 2013) Whereas: The above item is currently in the Legislation Committee; and Whereas: This item has received the necessary approval from the Planning Board; and Whereas: It is no longer necessary for this item to be considered by that committee; Now, Therefore Be It Resolved: That this Common Council does hereby discharge the Legislation Committee from further consideration of Item No 13 -35, C.C.P. November 12, 2013, "Use 1270 Niagara to Convert Portion of FactoryM/arehouse For a Micro - Brewery and Outdoor Cafe in the Niagara River Coastal Region" and said item is now before the Common Council for its consideration. ADOPT DISCHARGE, PASSED AYES 8, NOES 0 NO. 428 BY: MR. RIVERA DATE: FEBRUARY 18, 2014 DISCHARGE COMMUNITY DEVELOPMENT COMMITTEE FROM CONSIDERATION OF THE FOLLOWING ITEM (ITEM NO 4 FEB 4) Environmental Justice Concerns Near Peace Bridge(Rivera) Whereas: The above item is currently in the Community Development Committee; and Whereas: It is no longer necessary for this item to be considered by that committee; Now, Therefore Be It Resolved: That this Common Council does hereby discharge the Community Development Committee from further consideration of Item No 4, C.C.P. February 4, 2014 "Environmental Justice Concerns Near Peace Bridge(Rivera)" and said item is now before the Common Council for its consideration. ADOPT DISCHARGE, ADOPTED AYES — FRANCZYK, LOCURTO, PRIDGEN, RIVERA, SCANLON, SMITH, WYATT- 7 NOES — GOLOMBEK - 1 NO. 429 SPONSOR: MR. SCANLON DATE: FEBRUARY 13, 2014 RECOGNIZE RENAMING OF CHILDS STREET, A PRIVATE STREET, AS SILO CITY ROW WHEREAS, Childs Street is a private street in the City of Buffalo; and WHEREAS, all of the owners of Childs Street desire to change the name of their private street to Silo City Row; and WHEREAS, the United States Postal Service requires a municipal concurrence in the renaming of a private street as a precondition to Postal Service recognition of the changed name; and WHEREAS, the City of Buffalo has no objection to the renaming of the private street; and WHEREAS, all owners of the private street have requested that the name be changed; Now Therefore Be It Resolved: That the Buffalo Common Council concurs in the renaming of Childs Street, a private Street in the City of Buffalo, as Silo City Row; and Be It Further Resolved: That the City Clerk forward a copy of this resolution to the Buffalo Postmaster and 9 -1 -1 Emergency Dispatch. ADOPTED BY: MR. SMITH NO. 430 COUNCIL MEMBER FONTANA EXCUSED FROM COUNCIL MEETING RESOLVED: That Council Member Richard A. Fontana, be and hereby is excused from attendance at the Common Council Meeting of February 18, 2014. ADOPTED BY: COUNCIL MEMBER DEMONE A. SMITH NO. 431 ELECTRONIC BENEFIT TRANSFER CARDS DATE: FEBRUARY 11, 2014 WHEREAS: on February 22, 2012, President Obama signed the Middle Class Tax Relief and Job Creation Act of 2012 (P.L. 112 -96), which requires states receiving TAN grants to maintain policies that prevent assistance provided from the State program from being used in any electronic benefit transfer (EBT) transaction in any liquor store, casino or gaming establishment, or retail establishment which provides adult- oriented entertainment; and WHEREAS: P.L. 112 -96 imposes a new reporting requirement, as well as a new penalty and a modification to State plans. Each State is required to report to the Administration for Children and Families by February 22, 2014 on the implementation of policies and practices required by the law; and WHEREAS: States are required to include in their plans a statement outlining how they intend to prevent access to assistance through EBT transactions in an automated teller machine or point -of -sale device located in casinos, liquor stores, and retail establishments which provide adult- oriented entertainment; and WHEREAS: the State plan must also include an explanation of how the State plans to ensure that (1) recipients have adequate access to their cash assistance; (2) recipients have access to using or withdrawing assistance with minimal fees or charges, including an opportunity to access assistance with no fee or charges; and (3) recipients are provided information on applicable fees and surcharges that apply to electronic fund transactions involving the assistance, and that such information is made publicly available. NOW, THEREFORE BE IT RESOLVED: That the City of Buffalo Common Council does hereby request that the Commissioner of Erie County Social Services provide the Council with an update concerning the policies and practices to prevent assistance provided under the State program from being used in any EBT transaction in any liquor store, casino or gaming establishment, or any retail establishment which provides adult- oriented entertainment; and BE IT FINALLY RESOLVED: That copies of this resolution be forwarded to Mayor Byron W. Brown, Erie County Legislature and Erie County Social Services. ADOPTED NO. 432 SPONSOR: UNIVERSITY DISTRICT COUNCIL MEMBER RASHEED N. C. WYATT COMCAST PURCHASE OF TIME WARNER DATE: FEBRUARY 13, 2014 WHEREAS: The impending purchase of Time Warner Cable by Comcast my result as a windfall for Wall Street investors; however may prove to have a much negative effect for ordinary citizens; and izens. WHEREAS, The proposed blockbuster combination is expected to be announced would create a video and Internet juggernaut with 30 million subscribers and operations in some of the country's biggest markets, including New York City, Los Angeles, Chicago, Philadelphia and Washington, D.C.; and WHEREAS, Besides its cable and Internet operations, Comcast also is the parent of NBC Universal, which owns the NBC broadcast network, Universal Studios and several popular cable channels, including CNBC, MSNBC and USA Network; and. WHEREAS: With so many moving parts with in the impending deal some have speculated that this could be a disastrous move on behalf of consumers; Time Warner had just recently began building a Customer Service Center at the Old Sheehan Hospital resulting in 150 new jobs; In addition what will occur with our public access channel and more importantly jobs and the future cost of cable and internet service for consumers; and NOW, THEREFORE BE IT RESOLVED, That the Buffalo Common Council requests that our Federal Delegation review closely the impending sale to ensure the interest of consumer are protected and that increase cost and massive job losses do not occur. NOW, THEREFORE BE IT FINALLY RESOLVED, That this resolution be forwarded to the State and Federal Delegation for the State of New York. ADOPTED NO. 433 BY: RASHEED WYATT 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. Christel S. Peacock Craig Rittling Total: 2 ADOPTED NO. 434 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, February 23, 2014 at 9:45 o'clock A.M. Committee on Finance Tuesday, February 23, 2014 at 10:00 o'clock A.M. following Civil Service Committee on Comm. Dev. Tuesday, February 23, 2014 at 1:00 o'clock P.M. Committee on Legislation Tuesday, February 23, 2014 at 2:00 o'clock P.M. Special Committees (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. 436 ADJOURNMENT On a motion by Mr. Smith, Seconded by Mr. Rivera, the Council adjourned at 2:47 PM GERALD A. CHWALINSKI CITY CLERK February 18, 2014